Is it okay to speak freely when you’re just one person but wrong when you’re organizationally cooperating with others?
The latter speech is the target of a Center for American Progress “Plan to Beat Citizens United” launched in 2025.
The hope is to stomp our freedom of speech when we speak as members of incorporated entities — unless the corporation is a news media company. Think tanks, trade groups, and others would be prohibited from using funds to engage in election or ballot-issue activity. They would enjoy little scope to discuss issues or legislation “that may be associated with candidates or ballot measure campaigns.”
Sounding the alarm is People United for Privacy, which reports that CAP’s proposal is being promulgated in 15 states. One state, Hawaii, has already enacted a CAP law. It is being challenged in court.
People United for Privacy has successfully challenged a CAP ballot question in Colorado; officials decided that the measure violated a single-subject requirement.
The bumped ballot title: “Shall there be an amendment to the Colorado Constitution removing the power of artificial persons to spend money or anything of value to influence the outcome of an election, and, in connection therewith, defining ‘artificial person’ as an entity, including a corporation, whose existence is conferred by Colorado law or that otherwise transacts business . . . in Colorado. . . ?”
The troublemaking phrase “artificial person” simply refers to a legally constituted organization formed by real people with a real right to freedom of speech.
This is Common Sense. I’m Paul Jacob.
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4 replies on “Freedom of Organizational Speech”
Confusion — some of it deliberate and some of it feigned — abounds in the argument about whether corporations are people. A corporation is an organization of people, and in that sense corporations are very much people. But, additionally, the corporation itself is treated as a person, distinct from these organized people, and that personhood is a legal fiction.
Now, in considering just the legal fiction, let us understand that its principal function is to allow action to be taken for and against the shareholders, without each time figuring-out just who are or were the shareholders at the time, and chasing them all down. For example, if a truck owned by Amazon crashes into your house, you can just sue the fictitious person of the corporation, without identifying each of the tens of millions of shareholders and their proportional liability.
Aside from the rather silly argument that some organizations of people don’t have a right to liberty of expression simply because these organizations have an associated person who is a legal fiction, one occasionally finds a somewhat better argument against allowing persons organized into corporations to use those organizations freely for expression. Specifically, corporations are creatures of the state, and the argument runs that people are not forced to choose this form of organization, and hence that the state may constrain the freedom to use corporations for expressive purposes.
But the state cannot properly provide advantages to those who express one set of political opinions, while denying those advantages to those who express another. And that improper difference in advantage is really what is sought with such constraints when the state decides who is or is not a journalist as it declares that incorporated organizations of journalists may enjoy a liberty of expression while other corporations shall not. Likewise if the advantage is extended to others based on clergical status or somesuch.
Even if the intention were not to place a thumb on the scale, this legislation would result in bureaucrats and courts arguing about such matters as whether Sony Corporation could release a movie about climate catastrophe.
A corporation is a distinct legal entity recognized by law, meaning it exists separately from its owners (shareholders). It possesses many of the same rights and responsibilities as an individual: it can own property, enter into contracts, sue, be sued, and pay taxes. How would the law law in Colorado be valid if it denies equal rights to all? In addition to denying freedom of speech and association, it would seem to permit taxation while denying representation.
[…] https://thisiscommonsense.org/2026/06/24/freedom-of-organizational-speech/ […]
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