Corporations get the highest level of protection for:
Commercial and noncommercial speech.
Political and noncommercial speech.
Political and commercial speech.
The correct answer and explanation is :
The correct answer is: Political and commercial speech.
Explanation:
Corporations, like individuals, are afforded certain First Amendment protections under the U.S. Constitution, which guarantees the right to free speech. However, the level of protection corporations receive for different types of speech varies based on the nature of the speech being expressed.
- Political Speech:
Political speech is considered the highest form of speech protection in the United States because it is essential for a functioning democracy. The U.S. Supreme Court has consistently ruled that political speech, even when expressed by corporations, is entitled to robust protection. This was highlighted in the landmark case Citizens United v. FEC (2010), where the Court ruled that corporations and unions could spend unlimited amounts of money on political speech, including funding advertisements for or against political candidates. The Court argued that restricting such speech violated the First Amendment’s guarantee of free expression, as it would hinder the ability of corporations to participate in political discourse. - Commercial Speech:
Commercial speech refers to speech that proposes a commercial transaction, such as advertisements or marketing. Although commercial speech is afforded less protection than political speech, it still enjoys a degree of First Amendment protection. The Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) decision established a framework for evaluating restrictions on commercial speech, ensuring that it is not unduly restricted by the government unless there is a substantial governmental interest, the regulation directly advances that interest, and it is no more extensive than necessary. - Noncommercial Speech:
Noncommercial speech generally refers to speech that is not related to business interests or political advocacy. This type of speech often receives less protection in comparison to political and commercial speech, particularly when it involves private corporate interests that do not involve the public’s right to know or engage in political debate.
In summary, corporations enjoy the highest level of protection for political speech due to its fundamental role in democracy and for commercial speech, although this protection is not as strong as that for political speech. Noncommercial speech, in contrast, receives a lower level of protection.