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Report No. 101

5.5. United States.-

We now turn to the United States. The position in the United States regarding the civil rights available to corporations is somewhat complicated, and the threads seem to be a bit entangled. On the specific subject of freedom of expression, one might begin with the following question from Willis1:

"Corporations as persons are protected as much as natural persons by the constitutional guarantee of freedoms of speech and of the press, as is shown by the cases where the courts hold that the constitutional guarantee does not apply because of exceptions to the rule."2

2. Wills Constitutional Lnw of the United States, (1936), pp. 856-857.

3. Mutual Film Corpn. v. Industrial Commission of Ohio, (1914) 215 Fed 138; Same, (1915) 236 US 230 (not press); United States v. Toledo Newspaper Co., (1915) 220 Fed 458; Same, (1916) 237 Fed 986 (Contempt); Mutual Film Corpn. v. City of Chicago, (1915) 224 Fed 101 (films); Dainer v. Star Chronicle Pub. Co., (1910) 230 MO 613: 132 SW 1143 (libel); Kelly v. Independent Pub. Co., (1912) 45 Mont 127: 122 Pac 735 (libel); Williams Printing Co. v. Saunders, (1912) 113 Va 156: 73 SE 472; cf, 48 Harvard Law Review 607.



Freedom of Speech and Expression under Article 19 of the Constitution - Recommendation to Extend it to Indian Corporations Back




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