A tentative stylistic analysis of the

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A tentative stylistic analysis of the

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They brought this action challenging the constitutionality of a Massachusetts criminal statute that prohibited them and other specified business corporations from making contributions or expenditures "for the purpose of.

Judgment was reserved, and the case was referred to the full court. On September 22,the court directed entry of a judgment for appellee and issued its opinion upholding the constitutionality of the statute after the referendum, at which the proposal was rejected.

The case is not rendered moot by the fact that the referendum has been held and the proposal for a constitutional amendment defeated.

The month interval between legislative authorization of placement of the proposal on the ballot and its submission to the voters was too short for appellants to obtain complete judicial review, and likely would be too short in any future challenge to the statute; and in view of the number of times that such a proposal has been submitted to the electorate, there is reasonable expectation that appellants again will be subjected to the threat of prosecution under the statute.

The portion of the Massachusetts statute at issue violates the First Amendment as made applicable to the States by the Fourteenth. There is no support in the First or Fourteenth Amendment, or in this Court's decisions, for the proposition that such speech loses the protection otherwise afforded it by the First Amendment simply because its source is a corporation that cannot prove, to a court's satisfaction, a material effect on its business.

Although appellee suggests that this Court's decisions generally have extended First Amendment rights only to corporations in the business of communications or which foster the self-expression of individuals, those decisions were not based on the rationale that the challenged communication materially affected the company's business.

They were based, at least in part, on the Amendment's protection of public discussion and the dissemination of information and ideas. Similarly, commercial speech is accorded some constitutional protection not so much because it pertains to the seller's business as because it furthers the societal interest in the "free flow of commercial information.

Virginia Citizens Consumer Council, U. This statute cannot be justified by the State's asserted interest in sustaining the active role of the individual citizen in the electoral process and preventing diminution of his confidence in government.

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Even if it were permissible to silence one segment of society upon a sufficient showing of imminent danger, there has been no showing that the relative voice of corporations has been overwhelming or even significant in influencing referenda in Massachusetts, or that there has been any threat to the confidence of the citizenry in government.

And the risk of corruption perceived in this Court's decisions involving candidate elections is not present in a popular vote on a public issue.

Nor can the statute be justified on the asserted ground that it protects the rights of shareholders whose views differ from those expressed by management on behalf of the corporation.

The statute is both underinclusive and overinclusive in serving this purpose, and therefore could not be sustained even if the purpose itself were deemed compelling.

A tentative stylistic analysis of the

In sustaining a state criminal statute that forbids certain expenditures by banks and business corporations for the purpose of influencing the vote on referendum proposals, the Massachusetts Supreme Judicial Court held that the First Amendment rights of a corporation are limited to issues that materially affect its business, property, or assets.

The court rejected appellants' claim that the statute abridges freedom of speech in violation of the First and Fourteenth Amendments. The issue presented in this context is one of first impression in this Court. We postponed the question of jurisdiction to our consideration of the merits.

I The statute at issue, Mass. The amendment would have permitted the legislature to impose a graduated tax on the income of individuals. On April 26,the case was submitted to a single justice of the Supreme Judicial Court on an expedited basis and upon agreed facts, in order to settle the question before the upcoming election.

They prayed that the statute be declared unconstitutional on its face and as it would be applied to their proposed expenditures. The parties' statement of agreed facts reflected their disagreement as to the effect that the adoption of a personal income tax would have on appellants' business; it noted that "[t]here is a division of opinion among economists as to whether and to what extent a graduated income tax imposed solely on individuals would affect the business and assets of corporations.

Appellee did not dispute that appellants' management believed that the tax would have a significant effect on their businesses. An opinion followed on February 1, The court found its answer in the contours of a corporation's constitutional right, as a "person" under the Fourteenth Amendment, not to be deprived of property without due process of law.

Distinguishing the First Amendment rights of a natural person from the more limited rights of a corporation, the court concluded that "whether its rights are designated 'liberty' rights or 'property' rights, a corporation's property and business interests are entitled to Fourteenth Amendment protection.

Accordingly, the court held that "only when a general political issue materially affects a corporation's business, property or assets may that corporation claim First Amendment protection for its speech or other Page U.

But because the court thought appellants had not made a sufficient showing of material effect, their challenge to the statutory prohibition as applied to them also failed. Appellants' other arguments fared no better. It also found no merit in appellants' vagueness argument because the specific prohibition against corporate expenditures on a referendum solely concerning individual taxation is "both precise and definite.

Finally, the court held that appellants were not denied the equal protection of the laws.

A tentative stylistic analysis of the

As the case falls within the class of controversies "capable of repetition, yet evading review," Southern Pacific Terminal Co.The Online Writing Lab (OWL) at Purdue University houses writing resources and instructional material, and we provide these as a free service of the Writing Lab at Purdue.

Stylistics (3 Credit Hours) Tentative Course Syllabus Dr. Ahmad El-Sharif [email protected] Course Description This course is primarily concerned with the function of stylistics in facilitating literary response and in understanding the techniques and features of a variety of texts drawn from such areas of English performance.

An example of a stylistic analysis. The following example text has been written by Dan McIntyre, one of the course tutors for the lecture/seminar-based course . The Case Against The Case for Christ A response to Christian apologetics literature This review and analysis is of the book The Case for Christ, by Lee Strobel.

Modes of Presentation

Photography and sociology have approximately the same birth date, if you count sociology’s birth as the publication of Comte’s work which gave it its name, and photography’s birth as the date in when Daguerre made public his method for fixing an image on a metal plate.

2 From the beginning, both worked on a variety of projects. Among these, for both, was the exploration of society. Research - Free ebook download as PDF File .pdf), Text File .txt) or read book online for free.

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