To this day, the Supreme Court has been of at least two minds when it comes to corporations—they are treated as “persons” who are covered by the Equal Protection Clause (and Contracts Clause among others), but they are excluded from the definition of “citizens” under the Comity Clause.
Does the Equal Protection Clause protect businesses?
Southern Pacific – 118 U.S. 394 (1886), Chief Justice Waite of the Supreme Court orally directed the lawyers that the Fourteenth Amendment equal protection clause guarantees constitutional protections to corporations in addition to natural persons, and the oral argument should focus on other issues in the case.
Does constitutional protection apply to private companies?
No, the First Amendment does not limit private employers. The Bill of Rights — and the First Amendment — limit only government actors, not private actors. This means that private employers can restrict employee speech in the workplace without running afoul of the First Amendment.
What groups are protected by the Equal Protection Clause?
Movements for civil rights and social equality for African Americans, women, LGBTQ people, and other groups have based their challenges to discriminatory practices on the equal protection clause of the Fourteenth Amendment.
How can the 14th Amendment be violated?
Washington , the U.S. Supreme Court rules that the due process clause of the 14th Amendment (which guarantees the right to a fair hearing that follows the rules) is violated when a state law fails to explain exactly what conduct is prohibited.
What is the Equal Protection Clause in simple terms?
Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.
What are the 3 levels of scrutiny?
Then the choice between the three levels of scrutiny, strict scrutiny, intermediate scrutiny, or rational basis scrutiny, is the doctrinal way of capturing the individual interest and perniciousness of the kind of government action.
What does the 1st Amendment not protect?
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial …
Can government interfere with private companies?
Governments’ intervention/participation in the private sector can materialise in a number of ways. Grants, cash advances or loans can be provided to enterprises with liquidity problems. Tax deferrals may also be used. Debt issued/borrowed by companies with leverage problems can be guaranteed by governments.