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Rob Kailey is a working schmuck with no ties or affiliations to any governmental or political organizations, save those of sympathy.

If you prick a corporation...

by: Jay Stevens

Tue Sep 22, 2009 at 18:37:16 PM MST


I haven't talked much about the state of healthcare reform - right now, all the action is in the Senate Finance committee and around Baucus' bill, in the form of amendments, amendments, and more amendments - 534 in total!

And everything there is to know about the amendments fits in one beautiful post - a work of art! - by Igor Volsky.

So...what now? How about a discussion of corporate personhood?

The SCOTUS is currently mulling a decision in Citizens United v FEC - a case that could have chilling repercussions on our democracy, if the court's conservatives have their way.

The story:

Last year, the court entertained arguments on whether the Federal Election Commission was wrong in blocking the distribution of a film critical of Hillary Clinton over a video-on-demand service. Citizens United, the nonprofit corporation that produced "Hillary: The Movie,'' calls the film a documentary; the election commission disagreed, deeming it the equivalent of an ad and a violation of the McCain-Feingold campaign-finance law. And many free-speech advocates shuddered at an interpretation of federal law that allowed a movie by an advocacy group to be subject to campaign-finance restrictions.

But instead of deciding just that issue, the court called for further arguments on a broader one: the distinction between the political rights of corporations and those of actual people. Three conservative justices have long been gunning to overturn a 1990 Supreme Court decision that allowed the government to impose restraints on how corporations can spend money during campaigns.

The Globe in this editorial condemns that conservative impulse, saying "...he distinction between corporate speech and individual speech is clear enough, and the importance of limiting the undue influence of money in politics is significant enough, that the court, in all its wisdom, should leave well enough alone."

Heck, I'd go further. I find the idea of corporate personhood vile, and the legal means to allow moneyed interests to pool their capital to thwart the will of the electorate. It was devised to serve railroad interest in the 1880s, and it's been dogging us ever since, as anyone who's been following the healthcare debate well knows. In essence, giving corporations the constitutional rights of individuals sets those eternally living and deep-pocketed entities above us - which is a kind of madness, really, if you consider that corporations are not reasoning creatures, with neither human needs nor reasoned beliefs.

The New York Times, like the Globe, also opines against expanding corporate rights, and gives us a brief glimpse into the minds of those that might unleash corporate power against us:

In an exchange this month with Chief Justice Roberts, the solicitor general, Elena Kagan, argued against expanding that narrowly defined personhood. "Few of us are only our economic interests," she said. "We have beliefs. We have convictions." Corporations, "engage the political process in an entirely different way, and this is what makes them so much more damaging," she said.

Chief Justice Roberts disagreed: "A large corporation, just like an individual, has many diverse interests." Justice Antonin Scalia said most corporations are "indistinguishable from the individual who owns them."

Maybe these justices should get out more and meet, you know, some people.

Jay Stevens :: If you prick a corporation...
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I suppose then (0.00 / 0)
that you reject the notion of corporate personhood for say, Forward Montana, the National Resource Defense Council, NARL, Planned Parenthood, the Center for American Progress, etc.?

Good to know (0.00 / 0)
So you wouldn't give these groups any protected political speech?

[ Parent ]
Sure I would... (0.00 / 0)
But I don't think Congress should not be able to pass any law restricting their speech. (Yes, that's a double negative.)  

[ Parent ]
I think limitations on Forward Montana's political speech is OK (0.00 / 0)
and can be determined through a reasonable dialogue, as long as we're on par with other non-profits.

[ Parent ]
Before people get sucked into (0.00 / 0)
the Budge argument about is what's good for the goose good for the gander?, everyone should watch Bill Moyers Journal from a few weeks back where he fleshes out all the arguments with Trevor Potter and Floyd Abrams. I can't find a way to embed the video, so just go there and watch Moyers walk them through this issue, as they are two of the principles in the case before the SCOTUS. You'll learn a lot.

The Supreme Court is returning early from its summer recess to consider a potential watermark case that could overturn a century of campaign finance restrictions and clear the way for unregulated spending by corporations on political campaigns. The case, Citizens United v. The Federal Election Commission, has grown from a limited question about a political documentary to a broad challenge to the government's right to restrict corporations from spending money to support or oppose political candidates.

Encompassing questions on First Amendment rights, the power of corporations and the influence of money on political elections, it's no wonder the case has created an assortment of strange bedfellows. Conservatives and liberals appear on both sides, either to defend the government's right to restrict corporate political advocacy or, on the other side, to argue that such regulations are a violation of the First Amendment.

To help sort through the complicated background and ramifications of the case, Bill Moyers talks with two prominent lawyers: Trevor Potter, president and general counsel of The Campaign Legal Center, who has submitted a brief to the court in support of the F.E.C.; and Floyd Abrams, a First Amendment attorney, who will be arguing before the court on behalf of Citizens United.

Abrams argues that the question before the court concerns more than campaign regulations, and that aspects of McCain-Feingold are inconsistent with the freedom of speech:

If all you do is view this as a regulatory issue [...] then it's easy. [...] But that's not the situation we're confronted with. We are confronted with competing values here. And the values of speech are at odds in this area with the desire of well-meaning and very serious people to do what they think they should to make the system work better. And my view is that the speech interests here are very high, very important, very serious, and that when you take them into account you can't sustain the sort of statutes that we now have on the books and that the Supreme Court is, essentially, taking a second look at.

But Potter, who has defended the Bipartisan Campaign Reform Act (popularly known as "McCain-Feingold") in the lower and Supreme Court, argues that the founders never meant for the First Amendment to apply to corporations, which he considers "creatures of the state," not deserving the same rights as individual citizens:

We do think speech is a good thing. The question though is should it be citizens, individuals, voters, who are speaking? Or should it be this artificial corporate entity, which we have, through law, given enormous economic power to? And what the court has said all along is there is a difference between the two. The court has never said that corporations have the right to unlimited independent political speech."



It's not a good for goose issue (0.00 / 0)
The question is about corporate personhood and the rights of speech.  The argument seems to be that advocacy can be only divided by the profit motive since there are many more reasons than profit to be a corporation as evidenced by the number of non-profit corporations doing "business" today.

But beyond that the First Amendment is an issue of what is know as negative liberty whereas the language of the amendment states "Congress shall pass no law..." In other words, Congress does not have the power to limit speech in most cases.

But the overriding reason that this concerns me is that I'm a member of two advocacy groups (and these are the only groups to which I give money) that are corporations such as the Drug Policy Alliance and the Marijuana Policy Project (both, BTW receive money from George Soros.)  That's not to say that I object to for-profit political speech - I don't and I think it's impact is highly overrated.  

So, the question to you is do you think that corporate personhood should be an exclusion to political speech? And if you agree with Jay then how to we afford the ability to get messages out that can only be done on a collective basis?  

One more thing that we need in this conversation.  The matter at hand does not challenge The Tillman Act - which restricts contributions from corporations to politicians.  The question is whether or not we can restrict direct speech by corporations to the public.  Tillman is not at risk in this case. It questions Austin v Michigan Chamber of Commerce and parts of McConnell v F.E.C.

You can liten to the argument here.  


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