"And how would a corporation publish a prospectus without the right to speak?" Bear in mind that the corporation is free to do anything that isn't prohibited.

"And how would a corporation publish a prospectus without the right to speak?" Bear in mind that the corporation is free to do anything that isn't prohibited. What we're talking about here is whether a corporation can avoid a legitimately-enacted regulation by claiming immunity based on a fundamental human right. Corporations can go right on publishing prospecti. And corporate officers are immune from liability (except in certain extreme cases of wrongdoing). This will be the case as long as government (ie, we the people) decide it's in our best interests. If for some reason government (again, us) decide it's no longer in our best interest, then we can prohibit publishing a propectus without fear of violating some imaginary entity's rights. We can already prohibit the formation of corporations entirely (ie, withdraw the privilege of immunity that corporate officers enjoy), so it is simply silly to say that we can't regulate them on some bizarre human rights claim. The reason this comes up in the election context is that corporations want to double dip: all of their personnel can give to the individual limit, then give again in the name of the imaginary entity. It's a shell game, and it's good to see Sotomayor is smart enough to see it.