Write a review of FAC to help us keep our Top Rated Nonprofit status!

Asked and Answered

Do US firms working abroad uphold the First Amendment?

October 12, 2010

Question

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?

Answer

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.

Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.