The article analyzes the transformation of the concept of a legal entity in the USA, moving from the protection of assets toward the protection of civil liberties. Drawing on Adam Winkler's book, the author points to the functional nature of corporate rights: they can serve both as a shield for weaker individuals against the state (NAACP v. Alabama) and as a tool for the abuse of power by big business. A key example is Marsh v. Alabama, in which the Supreme Court ruled that private property performing a public function cannot be used to restrict freedom of speech. The text proves that the relationship between the corporation and the individual is not static, but depends on the power structure and the organization's function in society.
Fundacja Dobre Państwo
Posted on • Originally published at dobrepanstwo.org
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