The terrific Mike Guttentag has posted this draft on SSRN (Journal of Business and Technology Law). Here is the abstract:
The influence of corporations in the political arena is a timely issue. Funding for political campaigns by corporate entities has increased dramatically in the past ten years, and lobbying continues to be a growth industry. A few firms have recently taken positions on controversial political issues, such as the President of Chick-fil-A sanctioning opposition to same-sex marriage. The 2010 Supreme Court decision in Citizens United v. Federal Election Commission, holding that many restraints on corporate involvement in contests for federal political office are an unconstitutional infringement on a corporation’s constitutional right to free speech, has made it easier for corporations to get involved in the political arena. This Essay offers one perspective on how to bring issues related to the role of the firm in the political arena and, in particular, the Supreme Court’s decision in Citizens United into the introductory business associations course.