Legal Definitions - corporate speech

Corporate speech refers to any communication or expression made by a corporation or other business entity, rather than by an individual person. This can encompass a broad spectrum of messages, including advertising, public relations statements, political advocacy, and even artistic or philanthropic endeavors. In the United States, corporate speech often receives protection under the First Amendment, similar to individual speech, although the extent of this protection can sometimes differ depending on whether the speech is commercial (e.g., advertising) or non-commercial (e.g., political advocacy).

Here are some examples illustrating corporate speech:

• Example 1: Political Advocacy

  A national retail chain publishes a full-page advertisement in several major newspapers urging Congress to pass specific legislation related to minimum wage increases. The advertisement explains the company's stance on the economic impact of such a change and encourages readers to contact their representatives.

  This is an example of corporate speech because the retail chain, as a legal entity, is expressing a clear political opinion and attempting to influence public policy and legislative action. It is a form of non-commercial speech aimed at shaping public discourse on a matter of public importance.

• Example 2: Commercial Advertising

  A beverage company launches a new marketing campaign featuring television commercials, social media posts, and billboards promoting its latest line of sparkling water. The advertisements highlight the product's natural ingredients and refreshing taste.

  This illustrates corporate speech in its most common form: commercial speech. The company is communicating information about its products to potential consumers with the primary goal of generating sales. While protected, commercial speech is subject to regulations to ensure it is truthful and not misleading.

• Example 3: Public Statement on Social Issues

  Following a significant natural disaster, a technology company issues a press release announcing a substantial donation to relief efforts and detailing its plans to provide technological support to affected communities. The statement also expresses solidarity with those impacted.

  This represents corporate speech because the company is making a public statement about its values, social responsibility, and actions in response to a societal event. While not directly selling a product or advocating for a political candidate, this communication shapes the company's public image and conveys its corporate identity and commitment to social causes.