New Mexico Daily Lobo
URL: http://www.dailylobo.com/index.php/article/2010/01/corporations_too_wealthy_to_have_freedom_of_speech
Current Date: Thu, 09 Feb 2012 17:19:37 -0700
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Corporations too wealthy to have freedom of speech
Editor,
Yesterday’s Supreme Court decision was monumental. Here are my thoughts and suggestions:
The First Amendment does not grant any rights to individuals, per se. It rather prohibits Congress from enacting any laws “abridging the freedom of speech.”
From that perspective, it is easier to follow the majority’s argument. The law in question prohibited “corporations and unions from using their general treasury funds to make independent expenditures for speech that is an ‘electioneering communication’ or for speech that expressly advocates the election or defeat of a candidate.”
Therefore, as long as corporations are legally treated as “fictional”, “legal” or “moral” persons and have rights, privileges and liabilities identical to those of a “natural” person, this law clearly abridges a person’s freedom of speech.
The problem is not their conclusion, but their premise. When Justice John Paul Stevens mentioned the “conceit that corporations must be treated identically to natural persons in the political sphere,” he raised an important point. Essentially this decision means that any corporation has exactly the same rights as I do to advocate for the “election or defeat of a candidate,” save for actually casting a vote.
Of course, a corporation has many vested interests in the outcome of an election and the effect it will have on legislation, just like I do. But, like the vast majority of Americans, I do not have even remotely comparable resources at my disposal to make the same “independent expenditures for speech.”
Sure, I can say the same with regard to richer individuals in general, but doing so only reveals the inherent disparities between an actual person and a corporate person. Even the richest “natural person” in the world (Bill Gates has a net worth of $40 billion) is a small fry compared to the richest “legal person” in the world (ExxonMobil earned profits of $37 billion in 2007 alone).
More to the point and more importantly, though, Bill Gates can use his money to “speak” on his singular behalf, but ExxonMobil cannot. Every dollar Exxon uses to “speak” belongs to its shareholders, who presumably come from disparate political ideologies and number in the thousands. So, if Exxon advocates for the election or defeat of a particular candidate using its dollars and in its capacity as a “person,” the actual and “natural” people who own it are inextricably absorbed into the company’s powerful political action, regardless of their individual political beliefs and affiliations. As a result, their individual power as voting (or simply vocal) citizens is diluted and the democratic process is compromised.
Just for some perspective, it took well over 1 million unique donors to raise about $750 million for Obama’s campaign. This record-setting sum undeniably altered the course of the election.
What will happen if just a few corporations, unrestricted in their ability to spend money explicitly on a candidate’s behalf, band together in a similar fashion? For the record, $750 million is approximately 2 percent of Exxon’s 2007 profits.
It is true a corporation still can’t actually vote, but because of this decision they can, more than ever before, wield immensely disproportionate power and influence over voters, and thus the outcome of an election, and therefore U.S. law. Maybe the solution is going further. If corporations are people for all intents and purposes, they should be given the right to vote. One corporation gets one vote, but not, of course, before they are 18 years old, an American citizen, and free from any felony convictions.
Zac Westbrook
Daily Lobo reader



162 comments
Heather
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I see. But I also notice you did not mention unions, who also have more spending power then most individual and who also surely do not speak with one voice for all its members.
But, I assume by the absence of your mentioning them,that you in fact favor unions, but not corporations, for having this right to campaign for politicians!
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So, I conclude that your a liberal.
Z
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Therefore, what? I am a liberal, so we don’t need to be concerned about this?
But you are right, unions are not people either, so everything written above applies to them, too.
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And finally, ‘then’ is not the same as ‘than’ and ‘your’ does not mean ‘you are.’
david wilson
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Jennifer, all the unions combined have less wealth than Bill Gates; they derive their income from the employees they represent, and must account to the workers for the dispersal of that money.
Even relatively small companies have a net disposable income greater than the unions.
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I don’t believe unions or corporations should be allowed unlimited spending; but the threat to our democracy comes from large multi-nationals, that are often controlled by foreign nationals. This ruling clears the way for companies controlled by avowed enemies of this country to control the outcome of our elections. This truly is a disaster for our democratic process.
Doc John
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Here are some facts for consideration in this argument. According to a recent analysis of this issue business contributions to the political parties are 50% /- 1% to Republicans and to Democrats; that 1% leans to Republicans. Union contributions are 90 % to Democrats. The disparity here strongly sides with funding Democrats. What we really need are laws allowing all people the right not to have to belong to a union or to have to pay union dues, especially when the consequence often aids political parties that the member wouldn’t contribute to themselves.
Kaz
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The Supreme Court deftly avoided dealing with what I believe is the MOST important point: the fact that foreign entities that own American corporations can now influence US elections. Foreign interests now have freedom of speech in regards to our elections. Treason anyone?
Z
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1) No where do I suggest that unions should be treated any differently than corporations.
2) This is not a Rebuplican vs. Democrat issue. This is about corporations and unions being given the same 1st amendment protection as living, breathing, thinking PEOPLE. Neither corporations nor unions can serve a jail sentence, mourn the loss of a fellow American, serve the United States in uniform, vote, feel, think, or bleed.
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The potential corruption that this decision nurtures is almost beside the point. What is outrageous here is that artificial legal creations are being treated the same as American citizens.
Arguing about which political party benefits more from this ruling is unbelievably myopic. The American PEOPLE are the ones who will suffer.
Kaz
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Hey Z: I think I saw it somewhere (sorry not to be exact) but that law was already on the books: the one considering corporations as legal entities with free speech rights, etc. It’s how they decided it was legal to tax corporations. I thought what you did too, until i was told/shown that. Changing that ruling would be a whole other thing. Fact is: I WANT corps taxed, I just don’t want to eseentially give anyone more than ONE vote, which is what this does. Each individual has their vote AND the corp now has a HUGE one… Oh, and now foreign interests essentiall get to express free speech here. I have a prob with that.
dAMIAN
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What corruption? Lobbyists? Or are we talking about the right to campaign? There is a clear distinction.
This decision has nothing to do with anything but the fact that corporations, made up of individuals, can air commercials. They are not forcing anyone to the ballot box nor are they forcing anyone to vote a particular way.
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It is indeed arrogant to assume that Americans do not have the ability to make up their minds with or without political campaigning by corporations. This is essentially the root of progressivism, that they know what is better for you. So just bend over and take it.
Furthermore, this writer is completely disingenious because Obama took numerous donations from corporations, including Exxon-Mobil.
Because a certain group of individuals makes more money should never ban them from the ability to send messages about their interests. Absurd. Quite frankly, politicians are the only ones who hold the gun…they are the only ones who can use force. Therefore maybe we should do exactly the opposite of what this writer says, ban politicians from speaking. Their interests are tainted with the ability to force, corporations can only ask for their interests to be represented.
This is yet another individual who needs to get over his resentment of the rich and start think in terms of us rather than a “fight”. The rich are not, and never have been your enemy.
Z
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@ Kaz. I did know that, and that’s precisely the problem. As I wrote in my piece, the conclusion the Supremem Court came to is not irrational, or even in contention in my opinion. Corporations are considered ‘people’ under US law, and the law the supreme court was considering limited their rights (as ‘legal’ people) to make “independent expenditures for speech,” and is therefore unconstitutional. (Violates the 1st amendment.) This ruling did not establish the conceit that corporations are people; it was because of this reality that the supreme court extended 1st amendment protection to artificial people.
@ Damian. First, Obama received LIMITED donations from corporations. Second, campaign contributions are not even at issue here.
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The ruling is not about contributions at all. It instead means that corporations cannot be limited in their ability to “speak” using their money. We’re not even talking about collusion here between corporations and candidates. There need not be any connection at all in fact. As a result of this ruling corporations can advocate for or against a candidate ON THEIR OWN BEHALF. In other words, corporations and union can now make as many political commercials as they can afford without a campaign even knowing.
In any case, Damian, you miss the point (likely thanks to the Lobo’s editorial deciosn for a title to my letter).
I am not saying corporations should have 1st amendment protection because they’re rich, I’, saying they shouldn’t because THEY ARE NOT PEOPLE.
Z
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Also, Damian I addressed your point initially in my peice. I explicitly conceded that this is not about rich people vs. poor people. This is about people (rich and poor) vs. artificial legal creations.
Z
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One more thing, Damian. You seem to imply that there is no correlation between money spent (or raised) during an election and its outcome. Specifically, you contend that it is “arrogant” to suggest people can be persuaded or influenced by political campaigning.
If you’re correct, then Obama’s victory could have no correlation with the money his campaign spent to convey his platform through different media, and that a majority of Americans made up their own minds without attention to any information disseminated during the campaign (by Obama or anyone else).
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If you’re incorrect, Obama’s economic advantage during the campaign permitted him to more effectively convey his message and persuade more voters. It’s simple: money allows for better ads in more places, more often.
Americans certainly excercise their right and their faculty to make their own decisons based on the information they have. How they get that information and where it comes from are different questions all together.
Damian
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Miss what point? Its quite simple. Free speech is free speech, regardless of the outcome (unless of course one is advocating violence against another then it no longer considered speech.)
So commercials can only be endorsed by the campaign? Or those in government? Ridiculous.
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Free speech is the right to say what you would like, write what you would like or advocate what you would like, regardless on who supports it. If you don’t like it, don’t listen.
If the dictator wants to support a cap and trade bill that would force energy companies to raise costs on their customers, shouldn’t we know why our bills are getting higher? If the dictator wants to enforce a tax on medical device companies causing medical device companies to raise costs to their consumers, shouldn’t we know?
I suppose that we are supposed to get all our information from the slanted news corporations…but wait, they couldn’t function either because it could be viewed as a “political interest”.
Free speech is free speech, regardless of where it comes from. It is your duty to siphon through the bs and come up with your own rational decision. We don’t need your help in our decisions.
Legal creations consist of individuals, just like political campaigns do. YOu think that all the decisions made in a campaign comes solely from Obama…even if that were true, the same standard can be applied to a CEO.
Get it? Good…the spin on whether or not a corp is an indivdual is a meek point. They consist of individuals who collectively decide what to broadcast.
dAMIAN
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I read through your posting about 3 times and still am a little confused. Forgive my inability to understand it, I would be happy to respond once I get it.
I have no interest or care about how much money goes into a political campaign. I was actually responding to your article that spoke about Exxon-Mobile and their political interests, one was Obama.
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I think that your problem resides in the power of government. Take them out of the equation, you don’t have to worry about the money going into it.
Z
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The first three words of the US constitution are ‘We the people.’
The point is not that corporations are not individuals, it’s that they’re NOT PEOPLE. And since they’re not, I object to the notion that they get identical protection under the constitution and the first amendment.
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Also, I was talking about shareholders- not employees, not CEOs- but If I OWN a minority share at ExxonMobil you think I get a seat at board meetings and that they’re going to listen to me when I suggest how they should spend money to elect or defeat a candidate? If a CEO wants to spend HIS money to elect or defeat a candidate on the basis that he thinks it’ss help his company, that’s his right as a person. CEOs and board members should not be allowed to spend shareholder money on a political agenda.
It’s interesting to me how neat and tidy your worldview is. In your realm it seems it’s only dictators and governments that can distort information and generate propaganda. You also insinuate that only taxes cause prices to go up, and that corporations can now be champions of truth and expose the governemnt’s agenda to make life more difficult for you and me by rasing taxes.
The point you missed is that corporations now enjoy a super status as non-voting, 1st amendment protected, pseudo-people. Voting human citizens of the United States are aubject to numerous restrictions and conditions in the political process. We must be registered where we live, we must be free of felony convictions, we must be US citizens, we must be over 18. Again, we can also spend as much money as we like on “independent expenditures for speech,” but a) the number of individuals in this country who can afford a single, basic political ad during primetime is miniscule, and b) the discrepancy between the average citizen’s “general treasury funds” and that of a corporation is, no pun indtended, inhuman.
I think your middle-of-the-road is precisely what’s wrong. The answer to this is one direction or the other. Corporations, insofar as they are citizens, should be afforded the exact same rights and held to the exact same conditions as regular, human citizens. Or, they should be banned from the process altogether. As it stands, they have the best of both worlds.
Slowhike
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This new law moves us closer to Business rule rather than government rule in many ways. It particularly clears the way for foreign influence via campaign contributions. However, it’s interesting that the Supreme Court is predominantly Republican which makes them more appreciative of big business. Maybe we’ll take “U owe Me” contributions to help reduce the national debt that Obama has piled up.
D
Phillip Howel
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Interest groups come to be only because the government can give them something. As the power and size of government grows there is an exponential growth of those seeking to influence government at all levels. Examples in NM are the Indian Tribes who want federal laws regarding Indian gambling to be eased but make it harder for non-Indians to compete. Their “educational” committees influence favorable legislators with support. Tribes are corporations who spend their profits to influence legislators. Either ban all gambling or open it up to all to take away the influence of the money.
The same is true for the use of public lands. The Sierra Club and others create “educational” arms that are lobbying organizations to get further restrictions on the use of public lands while ranchers, hunters, etc. form “educational” committees to ease restrictions. Teachers unions use “educational” arms to fund legislators favorable to their restrictive demands while home school parents and supporters attempt to elect those favorable to home schooling.
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The enemy of freedom is the self serving organization that demands government control of whatever to advance their agenda. Liberty demands the least intrusive government control be it gambling, ranching, education or the thousand other areas of life where the government has no legitimate need to intrude. But those who cannot persuade their neighbor to do it differently get some bureaucrat to pass a rule or law. Reagan was right, “government is the problem.”
Demand transparency and less government. Preserve your freedom.
Robert Weissberg
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Last Thursday, in a 5-to-4 decision, the Supreme Court struck down portions of the 2002 Bipartisan Campaign Reform Act, commonly called McCain-Feingold, that prohibited corporations and unions from explicitly endorsing candidates thirty days prior to a primary and sixty days prior to the general election (direct contributions to candidates remained banned). The Court’s majority framed the issue in First Amendment terms —McCain-Feingold had gone too far in limiting the free speech of corporations and unions.
Reaction to the decision followed the liberal-conservative divide, with conservatives welcoming more free speech (even for unions) and liberals worried that permitting yet more election money would undermine democracy. Court narrowing of campaign finance laws is hardly new. Remarkable was President Obama’s near-hysterical (and ill-informed) reaction to this decision. A day after, he called it “a major victory of big oil, Wall Street banks, health insurance companies, and other powerful interests that marshal their power every day to drown out the voices of everyday Americans” [1]. The rhetoric soon escalated: “This ruling strikes at our democracy itself. … I can’t think of anything more devastating to the public interest” [2]. Obama further added that he was instructing his advisers to work with Congress on a “forceful, bi-partisan response.”
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The president’s reactions betray a profound ignorance of campaign finance. If democracy is to be safeguarded by regulating campaign spending, then America’s virtue is impregnable. Justice Kennedy’s opinion noted that campaign finance laws apply to seventy-one distinct entities, cover some thirty-three types of political speech, and the Federal Election Commission supplies some 568 pages of regulation, together with 1,278 pages of explanations and 1,771 advisory opinions offered since 1975 (states also have their own dense compendiums to protect our democratic virtue). Masochists are invited to visit FEC.gov and see for themselves. Justice Kennedy’s majority opinion also noted that one hundred thousand pages of legal evidence failed to cite a single case of corporate donations purchasing a legislative vote. Indeed, these complicated laws require candidates to hire election law experts, and if anything, these requirements undermine electoral access by hindering those on shoestring budgets.
Obliviousness was compounded by amnesia and denial. If excessive spending hurts democracy, President Obama is the Grim Reaper. In 2008, Obama outspent Senator McCain more than two to one ($720 million to $333 million), and, of the utmost relevance, he declined public matching funds (a keystone of campaign finance reform) so as to spend without limit. That much of this money was raised from “special interests,” notably Wall Street, that Obama now excoriates only adds to the irony. Nor has his election cooled his thirst for fundraising, including incessant Air Force One travel, to promote his agenda. A cynic might suggest that Obama condemns “big oil” but forgets about big, well-oiled, White House-organized public relations machine.
The president is also misinformed about evil “special interests” being some GOP auxiliary. According to OpenSecrets.org, which tracks campaign donations, between 1998 and 2009, corporations and unions overwhelmingly favored the Democratic Party. Somebody should tell the president that six of the top ten givers are unions, and these will now be allowed to explicitly endorse candidates without restrictions! Of the leading hundred donors in terms of contribution size, the first one that even leans toward the GOP is the American Medical Association, and it is ranked number fifteen. The first solid GOP benefactor (more than 90% to the GOP) is Amway at number 87. This is not to say that big business actually adores Democrats; rather, they are savvy political players who donate opportunistically. Even the far-left Barney Frank receives corporate contributions — an excellent investment, given his influence and safe seat.
One can only wonder if this Ivy League-educated president, who majored in political science at Columbia, ever took a course about elections. If he had, he would have learned that all the efforts to reduce the flow of money into elections have failed miserably. The bill for all federal elections in 2000 was $3.1 billion, $4.1 billion in 2004, and $5.4 billion in 2008. This upward trend is probably irreversible for reasons that such a course would make clear. Moreover, political money is governed by the hydraulics principle: Ban it in one place and it pops up elsewhere. So if Congress restricts what an individual can personally donate (current law), then he might give in another person’s name, donate to a state organization outside federal supervision, or just create an “independent” organization to promote his favored candidate. George Soros, among countless others, is a brilliant hydraulic engineer. Moreover, if Obama had taken a course on elections, he surely would have learned that the link between campaign donations and legislative reciprocity is not nearly as clear-cut as agitated idealist reformers insist.
Obama’s hypothetical election course would also reveal that money is only one of many factors predicting victory, and many of these other elements are beyond regulation. To take a random example, consider mobilizing the politically lethargic. One costly but largely ineffective tactic is to use call centers to hector the stay-at-homes. There are also media campaigns like the ill-fated “Vote or Die.” These will, however, require FEC reporting and thus catch the regulator’s eye. Much cheaper and under the regulatory radar is to direct government-funded community organizers to coral voters on Election Day. Better yet, and equally invisible to the FEC, permit fellow community activists to challenge an opponent’s petition signatures or go over registration rolls with a fine-tooth comb to expunge hostile voters.
Perhaps the all-time winner for running a cheap campaign that escapes regulatory scrutiny is to use celebrities. Celebrities are worth their weight in gold and count for zero in publicly financed campaigns. Want widespread free TV coverage and huge crowds? Easy — just appear with Oprah Winfrey. Need a fundraiser with top-drawer donors but can’t afford to hire an expensive events coordinator? No problem if Barbra Streisand will host it. More generally, having Hollywood on your side is worth millions in free-of-charge media coverage and glamor-seeking donors. And guess which political party has the edge here. Imagine President Obama saying, “The impact of Hollywood celebrities on American elections is pernicious, and I demand Congress pass legislation that treats this assistance as a cash equivalency donation and thus limited to $2400, the same as ordinary citizens.” According to my calculations, Oprah could help a candidate for exactly 1.9 seconds before the meter hit $2400. This would be a bonanza for the GOP, given that its celebrities have lower hourly rates.
“Excessive” campaign money hardly corrupts democracy, but even if it did, far better ways exist to cut campaign costs besides futile micro-regulation. Better to remove government from our lives: “Special interests” give only if they can receive some benefit, and if nothing is to be gained, then why give?
Attack the incentives; don’t micromanage campaign finance to protect some illusive public interest. It is hardly accidental that as Washington has aggressively inserted itself into health care, automobile safety, home mortgages, education and countless other policy domains once ignored or left to the states, campaign contributions, have exploded. Why has UPS spent some $24 million in political donations between 1989 and 2009 if not to fend off federal government intervention in their workplace? What if Washington ignored UPS and let the market judge its business practices? In fact, politicians know full well that if the coffers are running low, just propose some legislation that will adversely affect an industry, and the cash will come. “Shakedown” is a bit harsh, but that’s the idea.
President Obama’s reaction can be viewed from two perspectives. The first is his decision to “go populist” and condemn the usual populist targets — Wall Street, Big Oil, and all the rest. That this attack is factually incorrect makes no difference. It’s the public image that counts. A second interpretation is that the president (and his advisers) has genuinely failed to understand a fairly straightforward Supreme Court decision. That he majored in political science, graduated from Harvard Law, and even taught “Con Law” makes this latter interpretation particularly disturbing.
DamIan
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Slowhike,
Its not a “new law”, its lifting the restrictions by removing old laws.
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Zac,
I appreciate your response. And as mad as it makes me to see anyone attempting to restrict free speech, I will try to be civil…so please take my tone as from one friend to another.
While the constitution is indeed constructed around individualism. I think that we should also look at the language of the first amendment “Congress Shall Make No Law…”
Which is a prohibition on Congress, not an acception on individuals— granting liberty to the public to speak freely in any form.
As far as your points on the differences between individuals and corporations: They are indeed well taken points but are lacking a little clarity.
First, one is not obligated to own any shares of any company that they do not want to. The board of members can oust any CEO that they determine is not looking out for the best interests of the company. However, the decision to speak out against a politician for fear of they not serving the interests of that organization (or the like) comes down to the ultimate decision of one person…or the votes of several people collaborating. It makes little difference really if that individual is working for a corporation or not…and it is up to the members of that organization to determine whether or not they want that speech expressed.
Noone gets to say that because you are a part of a “corporation” that you cannot speak. “Congress shall make no law…”
Corporations consist of individuals that DO vote.
Quite honestly, I do not support Big Business, it is corrupt. However we can not sacrifice the 1st amendment because multiple individuals want to express a certain point of view.
I support the restrictions on the separation between government and the economy for the same reasons I support the separation of church and state. So we should be restricting politicians, not a free society. Only then will it start to clean up.
We need to win this battle between government and corporate interests. But restricting free speech is not the way to do it.
Z
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D,
You’re still trying to get me to swallow the word ‘individual’ when I’m using the word ‘people.’ Everything in the constitution and all its amendments follow the words ‘we the people.’ corporations are not people. forget the word individual. I reject the supreme courts decision in that it makes no distinction between a human being and an artificial legal creation vis a vis first amendment protection. We do not go to war, spill our blood and expend our treasure to protect the rights of corporate citizens. we do so to protect our rights as LIVING, BREATHING, THINKING HUMAN BEINGS.
Also, at the very begining of my piece, i make the exact same point you just made. the 1 st amendment doesn’t give rights to anyone, it prohibits congress from abridging them. Great for corporations except that everything in the constitution is predicated on those three little words ‘we the people.’
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One other thing. Two people have made the argument that the political influence and corruption we are talking about are products of the government itself. They contend that if the government wasn’t there interfering in the first place, corps would have no incentive to meddle in politics because they wouldn’t need anything in return from the government or from politicians.
Unfortunately, the ‘interference’ they speak of often takes the form of laws that protect things like the environment and human rights. Contrary to the assertions above, laws enacted by elected officials that prohibit a company from dumping chemicals in a river are not designed to be a nuisance to business, rasie costs and ultimately garner kick backs. They are designed to protect the environment. It is absurd to suggest that the only laws (and the candidates and incumbents that support them) that corporations would aggressively campign against are those “where the government has no legitimate need to intrude.” I would wager that the VAST MAJORITY of laws that “interfere” with business and are targeted for elimination by those businesses are the DIRECT RESULT of malfeasance on a particular industry’s part. Again, our government doesn’t step in to legally protect the environment because it wants to screw with business and individual liberties, it does so because businesses were trashing the environment to begin with.
It is unbelievably naive to suggest that corporations are so altruistic that they will not use the disproportionate influence this ruling gives them to target legislators who defend or promote longstanding principles of environmental protection, among other things. If ANY sort of law or regulation stands in the way of a fatter bottom line a corporation has an incentive to eliminate it. By any means necessary.
Lawrence
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Mr. Howell,
>> Reagan was right, “government is the problem.”
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Yet, ironically, the federal government grew to record size – with record budget deficits – during his two terms. Later surpassed by G.W. Bush, of course.
have a nice day!
Damian
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Groups of people make commercials. Its never any one person. The constitution allows these groups of people the freedom to say what they want, when they want. There is nothing that prevents them from collaborating on a particular issue and voicing one opinion. Congress, as the Supreme court has decided, has no authority over what “types” of groups are allowed to broadcast free speech and which cannot. Liberty allows groups to do as they like, assemble as they like, especially as it pertains to freedom to speak. There is no difference between one and several people voicing an opinion.
A corporation represents a group of people in the same way that Congress represents a group of people.
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Corporations cannot pollute rivers (within reason of a judiciary as to what “pollution” is) and poison other individuals no matter how many commercials they make promoting it or even how much money they dump into political campaigns. Private property laws prevent them from doing so, endorsed by the U.S. constitution. That is the protection of the minority against any laws that Congress can enact. However, they still do circumvent this by using eminent domain. This is again a distortion of what should be understood as an individual rights. Cap and trade and global warming is a completely different issue that is a little more hazy.
Environmentalists will not be satisfied until we are again living in the stone age. Right now they are fighting over the idea that wind farms and solar panels are environmental. So it is a collapsing ideology in that they cannot seem to come to a consensus on human progress (value) with “intrinsic value”. But that is another story. Hence, any malfeasence is now at the discretion of the judiciary.
Like I said, no money or campaigning should ever interfere with individual rights, and that includes the right to free speech.
Z
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“There is no difference between one and several people voicing an opinion.” With respect to a publicly traded corporation I agree, but only if 100% of shareholders (or stakeholders) come to consensus about how THEIR MONEY will be spent. As it stands, a corporation (the ceo and the board) can spend shareholders’ money for political purposes without 100% consensus. Your logic equates being a shareholder to being a member of a 501©4.
Holding or supporting a particular political viewpoint should not be a prerequisite for buying stock in a company. I should be able to buy stock in apple, exxon, or costco (or whichever company I want) without being thereby forced to support or reject a particular candidate or issue. I want to make money, not support pro-life or pro-choice candidates. A corporation is not and should not be a group of like minded political activists working to advance a political agenda- that would be a 501©4.
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Your portrayal of a corporation is painfully simplified. If Exxon Mobil decides to spend 100 million dollars on propaganda (not a derogatory word) to keep or defeat a candidate, it’s not because the employees, shareholders and executives got together to “collaborate” and decided in unison to use company money to do so. The decision to spend the money of many for a political purpose is left to the few.
It seems like we’re making the same point about environmental laws. There are laws that prevent corporations from polluting. Congressmen and Senators make those laws. A company that wants to see those laws abolished or upheld can use their money without limits to persuade voters to back candidates who will do so. Why is this wrong? Becuase corporations are not people, and to maintain that they are and give them 1st amendment protection per US Corporate Law is to ignore the fundamental and inherent qualities of a human being.
And do not for one minute suggest that this would be done in debate club fashion- by presenting facts and letting voters decide. Advocates go to extreme and nefarious lengths to paint candidates in a particular color and alter public perception.
It is also regrettable that you liken environmentalists to cavemen. Sustainability and progress are not mutually exclusive- otherwise the difference between humans and lemmings in insubstantial. Is it really progress if we pay no mind to where and how long we can go just as long as we’re going?
Lawrence
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Phillip Howell:
“Liberty demands the least intrusive government control be it gambling, ranching, education or the thousand other areas of life where the government has no legitimate need to intrude.”
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Is health care a legitimate need — or not? What say you, Howell? Is the federal Medicare program a legitimate need?
“Demand transparency and less government.”
Do you demand that senior citizens take care of their own health insurance, Howell?
Just curious. I only ask because you have stated in other threads that you are 68 years old and thus eligible for this federal program.
Forgive me if you have already answered this question, but I did pose this question in another thread last semester and several days went by and I don’t remember seeing a reply from you.
Just wondering if you – as the old saying goes – “practice what you preach.”
Phillip Howel
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LAWRENCE, your posting makes an important point: “Yet, ironically, the federal government grew to record size – with record budget deficits – during his two terms. Later surpassed by G.W. Bush, of course.” Lawrence you left out the deficit growth under Clinton and the broken promises of Tip O’Neil the Speaker of the House during Reagan’s presidency to reduce government spending which increased 69 percent during that time.
In inflation adjusted dollars, during Reagan, federal spending grew from $106/billion to $173/billion. Tax revenues increased during Reagan’s presidency despite the tax reduction acts of 1981, ’82 and ’86. A factual analysis of the taxing effect of the Kennedy and Reagan tax bills is at:
http://home.att.net/~rdavis2/taxcuts.html.
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We independents and republicans rebelled against the wasteful spending supported by Heather Wilson, that is why she lost in the 2008 primary, a scenario repeated across the country.
The tea party movement is about finding people who understand the need to be fiscally responsible regardless of party. I was appalled at the reckless spending under Bush, supported by the Republican Party. Had you been at the KKOB 12/08 breakfast meeting you would have heard me explain to Heather Wilson the reason she was tossed out of office: Support for reckless spending, failure to work on legislation that will provide the environment that allows for real job creation.
Lawrence, spending at the state level under Richardson has increased by $1.4/billion, wiping out the near $1/billion surplus left by Johnson. How is NM better for this reckless spending? Where is the money to come from to invest in growing a business, expanding a farm, explore for oil and gas, the 3 ways that we grow wealth when government consumes larger chunks of income?
You have held up Reagan/Bush, are you ready to demand responsibility from Obama and the democrats? Can you afford this spending?
Phillip Howel
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LAWRENCE, you have changed the direction of this discussion to make some point that is important to you. Why?
I have no difficulty speaking to the matters you raised, as I did above, but they are not germane to this discussion.
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Lincoln said it well: “The best way to get a bad law repealed is to enforce it strictly.” The Court has done it’s job.
You ask this: “Is health care a legitimate need — or not?” That is an inane question because it is self answering. Why not ask “is food a legitimate need?” Same result.
I suspect your intent is to discuss the government’s role in providing health care. Yes I am 68 years of age. YES I take advantage of the health care paid for with YOUR tax dollars! You do pay taxes, yes? Are you happy that I benefit from your labor?
5 Justices of the Court understand the Constitution, hence their ruling. This pattern of 5-4 is troubling because there is a lack of understanding of the Constitution as it is written and it’s explanation as given to us in the debate in Congress and articulated in the Federalist Papers. The willingness of those who seek and accept office to substitute their ideas- demands- for the only document ever created to protect us from government abuse is cause for concern.
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