Q: Does a U.S. Corporation have a legal responsibility to respect the First Amendment while working in a foreign country? Is it outside the jurisdiction of the U.S. President to prosecute corporate First Amendment offenders working in a foreign country?
A: As a very general matter, the laws of the United States — including the First Amendment — would not necessarily apply outside the United States. There are a great many factors that could affect this analysis, however, including whether the relevant entities had agreed to be bound by U.S. laws based on conduct outside the U.S. and whether the conduct at issue might be somehow sufficiently related to people and interests in the U.S. that an application of U.S. law was somehow appropriate.
It might also be worth noting that, generally speaking, the First Amendment imposes restrictions on governmental entities. Sometimes the actions of private entities can implicate individuals’ First Amendment rights, but it is a bit unusual to speak in terms of the government prosecuting corporate First Amendment offenders.
Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.