What is the Sound of a Corporation Speaking? How the Cognitive Theory of Metaphor Can Help Lawyers Shape the Law

42 Pages Posted: 15 Sep 2004 Last revised: 26 Jun 2009

See all articles by Linda L. Berger

Linda L. Berger

University of Nevada, Las Vegas, William S. Boyd School of Law

Abstract

This article argues that better understanding of metaphor's cognitive role can help lawyers shape judicial decision making. As a way of exploring metaphor's contribution to shaping the law, the article focuses on how a particular lawsuit was influenced by metaphor, in particular, by the primary metaphor that a corporation is a person within the more complex metaphorical system suggested by the marketplace of ideas model for First Amendment protection. After describing the cognitive theory of metaphor and examining the metaphors underlying First Amendment protection for corporate speech, the article analyzes the use of metaphor in the briefs filed in the U.S. Supreme Court in a lawsuit brought by a consumer activist against Nike, Inc. Following that analysis, the article concludes with a series of recommendations for practicing lawyers.

Keywords: cognitive theory, metaphor, commercial speech, corporate speech, First Amenment, Nike, corporation is a person, marketplace of ideas

Suggested Citation

Berger, Linda L., What is the Sound of a Corporation Speaking? How the Cognitive Theory of Metaphor Can Help Lawyers Shape the Law. TJSL Public Law Research Paper No. 04-08, Journal of the Association of Legal Writing Directors, Vol. 2, p. 169, 2004, Available at SSRN: https://ssrn.com/abstract=591669

Linda L. Berger (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

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