Date of Award
Spring 5-4-2026
Document Type
Thesis
Publication Status
Version of Record
Submission Date
July 2026
College Granting Degree
Harriet L. Wilkes Honors College
Thesis/Dissertation Advisor [Chair]
Mark Tunick
Abstract
In 2010, the Supreme Court, in Citizens United v. FEC, held that corporations have a First Amendment right to freedom of speech. Soon after, privately held corporations were effectively granted the First Amendment right to exercise religion, in Burwell v Hobby Lobby. Should corporations have these rights, or are rights reserved for “persons”? I argue that for-profit corporations, as artificial entities, lack the capacities for personhood and moral agency, including the capacity to express speech or exercise religion, without the use of a human agent. Since corporations are not moral agents, they don’t possess rights inherently and shouldn’t be granted constitutional rights to freedom of speech or religion. Instead, corporate legal rights should be limited to the rights of property and contract, which are granted due to the benefits they provide to the human agents that are involved in corporations, including employees and shareholders.
Recommended Citation
Cooper, Jadyn, "CORPORATE PERSONHOOD AND THE SCOPE OF CONSTITUTIONAL RIGHTS" (2026). Harriet L Wilkes Honors College Theses. 49.
https://digitalcommons.fau.edu/etd_honors/49