Uses of free speech motivated by personal gain should still be protected.

The value placed upon the right to free expression reflects its ability to enable the articulation of new, compelling and beneficial ideas, alongside damaging forms of speech. In liberal democratic societies, the potential inherent in free speech has always preserved it against limitation by legislation and- to a great extent- by social norms. A natural (as opposed to legal) person who makes statements that are openly offensive, or are inaccurate or misleading may also be able to  articulate profound and useful ideas and observations. This is also true for certain groups formed by association – such as political parties. However, corporations as they are popularly understood- as business entities- are constrained by law only to act in a certain way. In the United States, the individuals responsible for deciding on the actions of a corporation do so on the explicit understanding that they owe a particular duty to the individuals who make up that corporation. This legal duty takes the form of an obligation to run the business to maximise the value of the shares[1] in the business that each of its constituent investors holds. This duty has done a lot to promote investment in new businesses and to keep the reputation of established firms intact. It ensures that confidence in corporations is not undermined by speculation that they might be pursuing the wrong goals and it allows incompetent directors to be removed from their positions before they can harm investors' interests. However, this law also makes it necessary to limit the other rights that corporate persons might have access to. The Unitarian commentator Tom Stites puts the situation bluntly. “Corporations express the collective investment goals of shareholders... Fiduciary responsibility confines all but closely held corporations to this singular goal. By shutting off other values to focus solely on pursuit of profit... corporations are by their nature immoral...”[2] In other words, the boards of directors of large corporations, in most circumstances will only be able to pursue a profit motive. The type of personhood that money-making corporations utilise under American law is a personhood that comes complete with a very specific personality and set of goals. A corporate person that is formed by a collective of shareholders, each of whom have invested in the assets held by this individual, will be bound to engage profit motivated behaviour when it acts[3]. Executives and employees of the corporation, will find their jobs at risk if they choose to forgo profit-led behaviour in favour of directing a corporation to take actions informed by different social and economic principles. An individual's right to free speech cannot not be abrogated in a broad fashion by a liberal government, in part because he is, to borrow an archaic phrase, “the captain of his own soul” – an individual with free will, able to be influenced by argument and to develop new ideas and perspectives upon the subject of his speech. A profit making corporation, however, is obliged to follow a single set of behavioural imperatives. If it is not attempting to maximise its profits, it will seek to protect the value of its interests and the efficiency of its operations. Where it is able to speak freely, a corporation will always use its right to expression for predictable ends. It is easy to envision scenarios in which corporate bodies will use the right to free speech to spread false or inaccurate information or to distort open debate if there was profit to be gained or protected. Human behaviour is diverse and the ideas that we express can be altered by reason and the influence of argument. Through legal measures that were intended to protect shareholders investment in profit-making corporations, corporate behaviour has become limited, closed minded and immune to persuasive debate. [1] Mills v Mills (1938) CLR 150 [2] “How corporations became ‘persons’”. uuworld.org, 01 May 2003. http://www.uuworld.org/ideas/articles/157829.shtml [3] Bakan, J. “The Corporation”, Free Press, 2004