In his article "Speech, Citizenry, and the Market: A Corporate Public Figure Doctrine," Professor Deven Desai argues that corporations have a privileged amount of control over speech about them. As a result, he says that the Supreme Court's First Amendment jurisprudence requires the law to recognize a corporate public figure doctrine that applies in trademark infringement and dilution actions.1 Doing so, according to Desai, would "ensure that speech rights are properly balanced" while collapsing the supposedly unnecessary legal distinction between commercial and political speech.
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Originally published by the Minnesota Law Review.
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