The application of the First Amendment to corporations imperils commercial disclosure requirements

Recent cases on corporate personhood argue that the free speech protections of the First Amendment render many commercial disclosure requirements unconstitutional. Ellen Goodman traces the progression of these cases, arguing that the “more speech is better” ethos of First Amendment law, combined with consumer “rights to know” and the minimal interests of commercial speakers in avoiding disclosure, all work against a permissive review of reasonable commercial disclosure requirements. She writes that these cases reflect a growing trend of economic liberties displacing political liberties in the United States.