Corporations, Compelled Speech, and the Common Good
Most of the current literature on the subject of corporations and compelled speech focuses almost entirely on the extent to which corporations are or should be regulated by laws that compel them to conduct themselves in a certain way. In this paper, I explore the mostly uncharted territory of situat...
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| Format: | Article |
| Language: | English |
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University of Southern Queensland Law, Religion, and Heritage Research Program Team
2024-04-01
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| Series: | Australian Journal of Law & Religion |
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| Online Access: | https://ausjlr.com/wp-content/uploads/2024/05/Volume-4-Opacic.pdf |
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| author | Lukas Opacic |
| author_facet | Lukas Opacic |
| author_sort | Lukas Opacic |
| collection | DOAJ |
| description | Most of the current literature on the subject of corporations and compelled speech focuses almost entirely on the extent to which corporations are or should be regulated by laws that compel them to conduct themselves in a certain way. In this paper, I explore the mostly uncharted territory of situations in which corporations compel the speech of their own employees through policies which require employees to speak or act in a way that may be contrary to the form of life prescribed by their faith. I argue that philosophical defences against corporate compelled speech for religious employees on the basis that religious belief sits within a generally inviolate private sphere of autonomy are misguided because they do not take sufficient account of the nature of corporations as moral agents which can legitimately pursue moral and political ends in the public sphere. I argue that corporations necessarily rely on a conception of the common good when they do this. The permissibility of corporate compelled speech therefore comes down to whether or not it is conducive to the common good. |
| format | Article |
| id | doaj-art-624229c597d044feb64d48e8f37fc4db |
| institution | Kabale University |
| issn | 2653-5122 |
| language | English |
| publishDate | 2024-04-01 |
| publisher | University of Southern Queensland Law, Religion, and Heritage Research Program Team |
| record_format | Article |
| series | Australian Journal of Law & Religion |
| spelling | doaj-art-624229c597d044feb64d48e8f37fc4db2024-11-17T08:52:59ZengUniversity of Southern Queensland Law, Religion, and Heritage Research Program TeamAustralian Journal of Law & Religion2653-51222024-04-01484100https://doi.org/10.55803/B589ZCorporations, Compelled Speech, and the Common GoodLukas Opacic0Sydney Law SchoolMost of the current literature on the subject of corporations and compelled speech focuses almost entirely on the extent to which corporations are or should be regulated by laws that compel them to conduct themselves in a certain way. In this paper, I explore the mostly uncharted territory of situations in which corporations compel the speech of their own employees through policies which require employees to speak or act in a way that may be contrary to the form of life prescribed by their faith. I argue that philosophical defences against corporate compelled speech for religious employees on the basis that religious belief sits within a generally inviolate private sphere of autonomy are misguided because they do not take sufficient account of the nature of corporations as moral agents which can legitimately pursue moral and political ends in the public sphere. I argue that corporations necessarily rely on a conception of the common good when they do this. The permissibility of corporate compelled speech therefore comes down to whether or not it is conducive to the common good.https://ausjlr.com/wp-content/uploads/2024/05/Volume-4-Opacic.pdfcorporationscompelled speechfreedom of speechreligious employeescommon good |
| spellingShingle | Lukas Opacic Corporations, Compelled Speech, and the Common Good Australian Journal of Law & Religion corporations compelled speech freedom of speech religious employees common good |
| title | Corporations, Compelled Speech, and the Common Good |
| title_full | Corporations, Compelled Speech, and the Common Good |
| title_fullStr | Corporations, Compelled Speech, and the Common Good |
| title_full_unstemmed | Corporations, Compelled Speech, and the Common Good |
| title_short | Corporations, Compelled Speech, and the Common Good |
| title_sort | corporations compelled speech and the common good |
| topic | corporations compelled speech freedom of speech religious employees common good |
| url | https://ausjlr.com/wp-content/uploads/2024/05/Volume-4-Opacic.pdf |
| work_keys_str_mv | AT lukasopacic corporationscompelledspeechandthecommongood |