I doubt that UT would view you as speaking for it in a representative capacity. However, I was thinking of your speaking and writing for yourself, and not as a UT employee.
John
-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Frank Cross
Sent: Friday, March 11, 2011 1:30 PM
To: [log in to unmask]
Subject: Re: Citizens United v. Federal Election Commission
I don't see an argument here John. Both are speaking in a
representative capacity and both should be protected. Indeed, when I
write I am identified as an employee of UT and paid by UT for such
writing but I don't think that should affect my free speech right. I
see nothing in the Constitution to suggest that speaking in a
representative capacity should be less protected.
At 01:12 PM 3/11/2011, John Allison wrote:
>I don't see how a reporter is spending someone else's money to speak
>in the same sense as the CEO of Exxon. Neither is speaking as an
>individual, but in a representative capacity, so in a constitutional
>sense do you view them both in the same light as yourself when you
>speak or write as an individual? If so, why?
>
>John
>
>-----Original Message-----
>From: Academy of Legal Studies in Business (ALSB) Talk
>[mailto:[log in to unmask]] On Behalf Of Frank Cross
>Sent: Friday, March 11, 2011 12:59 PM
>To: [log in to unmask]
>Subject: Re: Citizens United v. Federal Election Commission
>
>In the sense that both are persons entitled to constitutional rights,
>yes I do. What constitutional distinction would you draw?
>
>At 12:35 PM 3/11/2011, John Allison wrote:
> >So, you equate a reporter for the Times or perhaps for Fox News with
> >the CEO of Exxon?
> >
> >John
> >
> >-----Original Message-----
> >From: Academy of Legal Studies in Business (ALSB) Talk
> >[mailto:[log in to unmask]] On Behalf Of Frank Cross
> >Sent: Friday, March 11, 2011 12:22 PM
> >To: [log in to unmask]
> >Subject: Re: Citizens United v. Federal Election Commission
> >
> >So are the reporters and editors at the New York Times, they don't
> >lose protection because they are spending other peoples money
> >
> >At 11:03 AM 3/11/2011, John Allison wrote:
> > >But they're spending other people's money, even if they own shares
> > themselves.
> > >
> > >John
> > >
> > >-----Original Message-----
> > >From: Academy of Legal Studies in Business (ALSB) Talk
> > >[mailto:[log in to unmask]] On Behalf Of Frank Cross
> > >Sent: Friday, March 11, 2011 10:52 AM
> > >To: [log in to unmask]
> > >Subject: Re: Citizens United v. Federal Election Commission
> > >
> > >Management is individuals too, John.
> > >
> > >At 10:40 AM 3/11/2011, John Allison wrote:
> > > >Question: Does "that doesn't mean corporations don't have First
> > > >Amendment rights.
> > > >They are "associations" of individuals." ignore the reality that the
> > > >average shareholder has little voice in what management does?
> > > >
> > > >John
> > > >
> > > >-----Original Message-----
> > > >From: Academy of Legal Studies in Business (ALSB) Talk
> > > >[mailto:[log in to unmask]] On Behalf Of Daren Bakst
> > > >Sent: Friday, March 11, 2011 10:28 AM
> > > >To: [log in to unmask]
> > > >Subject: Re: Citizens United v. Federal Election Commission
> > > >
> > > >I hope that students receive a more accurate picture of the
> > issue than this
> > > >piece. There are so many flaws with the video, it is tough to
> > know where to
> > > >begin.
> > > >
> > > >Actually, I'll start from one of the first lines about the problem with
> > > >campaign ads getting worse because of Citizens United. That's
> interesting
> > > >because there is little to no evidence that the "recent"
> decision had any
> > > >impact on the last election cycle (not to mention, it is unclear what is
> > > >wrong with campaign ads). Further, states across the country
> already have
> > > >allowed corporations to spend money from their general treasuries for
> > > >independent expenditures without it creating some crisis in
> those states.
> > > >
> > > >The issue of a corporation not being a person is a silly
> argument--we know
> > > >this, but that doesn't mean corporations don't have First
> > Amendment rights.
> > > >They are "associations" of individuals.
> > > >
> > > >Should newspapers, such as the NYT, be barred from running
> > commentary (they
> > > >are corporations and spend money that refer to
> > candidates). What about book
> > > >publishers--should they be scared about publishing a book because it
> > > >mentions a political candidate? Interesting that not once did I hear
> > > >anything about unions.
> > > >
> > > >The biggest problem with the video and the most disturbing
> actions of some
> > > >critics of Citizens United is this unwarranted and vicious attack on the
> > > >Supreme Court as an institution and the questioning of the justices'
> > > >motives.
> > > >
> > > >Daren Bakst, J.D., LL.M.
> > > >Director of Legal and Regulatory Studies
> > > >John Locke Foundation
> > > >
> > > >
> > > >
> > > >
> > > >On 3/11/11 10:55 AM, "Susan Rogers" <[log in to unmask]> wrote:
> > > >
> > > > > Thanks! this is just what my students need!
> > > > >>
> > > > >>> Annie Leonard, creator of Story of Stuff, explains the Corporate
> > > > >>> Personhood fiasco that Democracy has gotten itself into
> > > > >>>
> > > > >>>
> > > > >>>
> > > > >>>
> > > >
> > >
> >
> <http://storyofstuff.org/citizensunited/>http://storyofstuff.org/citizensuni
> > > > >>> ted/
> > > > >>>
> > > > >>
> > > > >
> > >
> > >Frank B. Cross
> > >Herbert D. Kelleher Centennial Professor of Business Law
> > >McCombs School of Business
> > >University of Texas
> > >CBA 5.202 (B6500)
> > >Austin, TX 78712-0212
> > >512.471.5250
> >
> >Frank B. Cross
> >Herbert D. Kelleher Centennial Professor of Business Law
> >McCombs School of Business
> >University of Texas
> >CBA 5.202 (B6500)
> >Austin, TX 78712-0212
> >512.471.5250
>
>Frank B. Cross
>Herbert D. Kelleher Centennial Professor of Business Law
>McCombs School of Business
>University of Texas
>CBA 5.202 (B6500)
>Austin, TX 78712-0212
>512.471.5250
Frank B. Cross
Herbert D. Kelleher Centennial Professor of Business Law
McCombs School of Business
University of Texas
CBA 5.202 (B6500)
Austin, TX 78712-0212
512.471.5250
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