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  • 9 - To Whom Should We Attribute a Corporation’s Speech?

  • from Part III - Domestic Attribution
  • Edited by Melissa J. Durkee, Washington University, St Louis
  • Book:
    States, Firms, and Their Legal Fictions
    Published online:
    29 February 2024
    Print publication:
    07 March 2024, pp 175-196

  • Summary

    Over the past hundred years, American law has gradually – —and controversially –— expanded the speech rights of corporations. O O ver the same period, corporate speech has become pervasive, and now dominates most major channels of communication. C C orporate speech ranges from anodyne commercial appeals to expressions of ethical values to campaign finance payments. W W hen a corporation “speaks,” who should we understand is the real speaker? T T his chapter explores issues of speech attribution for corporations, and argues that the best approach is for attribution to turn on the corporate governance that produces the speech.