First Amendment: The first amendment prohibits the government from establishing a religion or imposing restrictions on its free exercise. The government is likewise prohibited from restricting free expression under the first amendment. Political speech is completely protected, however obscene and defamatory communication is not protected and is subject to the concept of prior restraint. Corporations have some free speech rights under the corporate speech idea. In principle, states have the ability to impose reasonable limitations on speech delivery in terms of time, place, and manner.
Due Process clause in Fifth and Fourteenth Amendment: The Fifth Amendment protects the federal government, whereas the Fourteenth Amendment guarantees due process to states after the Civil War. The essence of due process is “fundamental impartiality and decency.” When the government tries to deprive a citizen of their life, liberty, or property, procedural due process requires the government to ensure that the procedure is fair. In the case of essential rights, substantive due process requires the government to explain a legitimate basis for enacting law or a compelling explanation for doing so. The Supreme Court has used substantive due process to limit the amount of punitive damages that can be awarded.
Equal Protection clause of Fourteenth Amendment: Discrimination must be justified by the government in order for equal protection to apply. In cases of racial discrimination, courts scrutinize the legislation closely. In cases involving sex or gender discrimination, courts conduct an intermediate degree of investigation, while in all other cases, they do a minimal investigation.
Nike v. Kasky, 539 U.S. 654 (2003): Nike Inc. was being sued by labour groups in California for allegedly operating in sweatshop conditions, including the exploitation of children. Nike responded to the allegations with a series of public statements and denials, establishing the “discourse” for this scenario. A few activists have filed a lawsuit against Nike, alleging that these public remarks and dissents constitute false publicity, which is unlawful under California law. Nike argued that the official comments were more akin to political discourse and so protected under the First Amendment. Nike lost the litigation in California state court, and when the U.S. Supreme Court agreed to hear the case, the parties struck a deal before the case could be heard.
However, the Supreme Court issued another key judgement on corporations’ free speech rights in early 2010. Citizens United v. Federal Election Commission, 558 U.S. 558 U.S. 558 U.S. 558 U.S. 558 U. (2010). The Supreme Court ruled that corporations are people with the right to engage in political speech, removing federal and state restrictions on corporate spending on political campaigns. Assume that enterprises are legal entities with the right to free speech. In that case, it follows to reason that foreign firms operating in the United States should be granted the same privileges and should be able to freely invest in influencing American elections.
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