Boston v. Bellotti, it has been established that corporate political speech is protected in the same way as
citizens’ free speech.
2.
Unprotected Speech. The 1942 case Chaplinsky v. New Hampshire determined that certain types of
speech—that which could “inflict injury or incite an immediate breach of the peace”—is not protected
under the First Amendment. Therefore, obscenities, defamation, and slanderous speech are not
protected.
3.
Commercial Speech. This type of speech conveys information pertaining to the sale of goods and
services. Ever since the 1980 case Hudson Gas & Electric Corp v. Public Service Commission of New
York, a four-part test has been established to determine whether commercial speech should be regulated
according to the First Amendment. This test is known as The Central Hudson Test for Commercial
Speech.
Figure 4.3
Hudson Gas & Electric Corp v. Public Service Commission of New York established a four-part
test to determine whether commercial speech should be regulated according to the First Amendment.
(Modification of art by BNED/pixabay Credit: CC BY NC SA)
The free exercise clause of the First Amendment states that government is prohibited from making laws that
prohibit the free exercise of religion. Issues pertaining to this clause often arise in organizational settings. For
example, historically, there have been a number of cases in which government employees have challenged
employers’ attempts to inhibit their exercise of religious practice (e.g., the wearing of religious symbols) in the
workplace.
The Fourth Amendment
The Fourth Amendment guarantees that citizens are free from unreasonable searches and seizures, and
requires government officials to obtain search warrants to conduct searches. However, government officials
can only request a search warrant if they have probable cause to believe that criminal activity is occurring at
the location of the search, or that they will locate evidence of criminal activity during the search (except where
Chapter 4 Business and the United States Constitution
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