Trix Are Not Just For Kids: The Supreme Court’s Clumsy Handling of the Public-Private Distinction and its Legislative Impact on Breakfast and Beyond
“Silly Rabbit, Trix are for kids.” It is more than just a slogan: General Mills believes it is constitutionally protected speech under the First Amendment. But if Trix are for kids, recent Supreme Court decisions granting expansive constitutional protections to corporations are for adults. As a result, General Mills’s claim is less absurd than it would have seemed a generation ago. These decisions will continue to distort First Amendment doctrine in this fashion unless legislators and the Supreme Court embrace an understanding of the public-private distinction that better reflects the values of the U.S. Constitution.