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Argument: Shareholders will limit corp spending on elections

Issue Report: Corporate free speech

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Kenneth Gross. Leads the political law practice at Skadden Arps; former associate general counsel of the Federal Election Commission. Wrote in a January 24, 2010 Washington Post piece[1]: “No doubt, trade associations will look for ways to raise funds to attract or support candidates, but they will not find many deep, willing pockets among corporate members. Budgets are tight and shareholders will be keeping an eye on corporate spending.”

Richard A. Epstein. “Free speech for corporations. Undoing the progressive mindset.” Forbes. September 1, 2009: “In other cases, corporations are subject to shareholder control and to popular disapproval that can translate into reduced sales if they inject themselves into controversial matters that don’t pertain to their business. Faced with these corporate realities and market constraints, why use the law to quiet their speech, which could add a distinctive perspective on many questions?”