In the commercial speech case Nike v. Kasky, which the U.S. Supreme Court hears next week, Nike bases its free speech claim on the legal principle that corporations are persons, entitled to most of the constitutional protections applicable to individuals. But, as Martin L. Haines points out, the "persons" theory has a shaky foundation: It was generated by little more than a reporter's headnote in an 1886 high court decision.
The Elevated Headnote
New Jersey Law Journal
April 17, 2003
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