How the Bill of Rights Applies to Businesses

The U.S. Constitution, known for establishing the basic foundation for the laws governing the United States, includes the Bill of Rights, which is of crucial importance to individual freedoms.  However, it is important to remember that many of these freedoms extend to business affairs and have direct consequences for business owners.  This article discusses some of the areas in which the Bill of Rights extends to businesses in particular. 

1 – Freedom of Speech – In the legal world, certain rules apply to individuals and entities, which means that they cover both businesses and individuals.  Freedom of speech is one such instance, i.e., both businesses and individuals enjoy the right.  This is illustrated by a United States case decided in January 2010, which held that, because they had a right to freedom of speech, businesses were permitted to make political campaign contributions

2 – Freedom of Association – This freedom is relevant when a business or business owner wishes to associate with personal beliefs, opinions, and other entities.  For example, a business has the right to dictate whether or not a person or group can use its name or location as a means to communicate personal and/or political causes. However, it’s important to keep in mind this freedom is often be limited by individual freedoms and protections and by certain other laws and regulations, including those that pertain to civil rights and equal opportunity employment opportunities. 

Another important matter to consider when it comes to the Constitution is that many restrictions are placed upon the United States government, but not directly on businesses. For example, although the Second Amendment prohibits the U.S. government from infringing on an individual’s right to bear arms, a business is perfectly free to enforce its own policies on firearms within its property.

The major takeaway from this is that businesses are often granted the same freedoms as individuals within the Constitution, with separate regulations and stipulations of their own to keep in mind. It is still up to the U.S. courts to have the final say when it comes to these matters, so when in doubt, rely on a business attorney to keep you updated on legal matters and protected in the case of legal action.

The information presented here is for general educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship.