Strollerderby

Supreme Court Ruling Gives Corporations Free Reign [Morning News]

Posted by brettsinger on January 22nd, 2010 at 9:59 am

150px seal of the united states supreme courtsvg Supreme Court Ruling Gives Corporations Free Reign [Morning News]The Supreme Court reversed an Iowa court ruling on campaign financing. Basically, the Supreme Court ruling gives corporations free reign to spend whatever they want to spend on campaign ads. (ABC News)

I’ve read a couple of editorials this morning and skimmed a couple more (hey, I’m a busy guy), and I agree with the notion that the ruling is wrong. According to what I’ve read, the logic used by the majority of the judges is the corporations are entitled to the same First Amendment protection as individuals.

This makes no sense at all. As a New York Times editorial points out, corporations are not the same as individuals, and they are generally not treated as such; they receive different tax rates, for example. Some may argue that unions will also now have the freedom to advertise as much as they like, but unions won’t be able to form an organization that exists for the sole purpose of running attack ads. Will that happen? I haven’t read anything that says it will, but it would make sense. If a rich person doesn’t like a candidate, what is stopping them from forming a group called Citizens Responding to the American President (C.R.A.P.) and running non-stop television ads attacking that candidate?

This leads into my larger theory about campaign advertising, but I’ll get into that on Monday.

In other news…

Air America is no longer on the air. I have to admit that I only recently realized that they were still on the air. I listened to the Ron Reagan Jr. show a couple of times. It was pretty good, but not good enough I guess. It’s interesting how so-called “liberal talk radio” never seemed to work in the commercial market. It’s possible that the talent just wasn’t there; when Al Franken had a show, he was very popular, and Rachel Maddow moved from Air America to a regular TV gig on MSNBC. Interesting.

Tonight, you can watch the Hope For Haiti Telethon. I wonder if this is going to have the same impact as past telethons, or if the telethon model isn’t what it used to be. I do think that it will raise a lot of money for Haiti, because, as I said earlier this week, there is a lot of money in the United States and we seem to be donating some of it to Haitian relief efforts. Despite the Wyclef Jean Yele Haiti Charity controversy, Wyclef will be part of the telethon.

Conan O’Brien will sign off as host of The Tonight Show this evening. Conan’s last show. It’s all very odd. And expensive. NBC is paying Conan a boatload of money (although all they’re really doing is buying out his contract, according to some reports). But the network does get custody of Triumph the Insult Comic Dog. Hey, maybe they’ll put Triumph on at 10pm. That’s something I would watch.

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 Supreme Court Ruling Gives Corporations Free Reign [Morning News]

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17 Comments

[...] (Talk amongst yourselves.) And while it appears that Alito “may have had a point” about the Supreme Court decision, according to NPR, it is also true that “the majority wrote so broadly about corporate free [...]

The State of the Union Meets Facebook [Morning News] | Strollerderby commented on Jan 28 10 at 9:10 am

So if a corporation merges with another corporation is that a civil union? If they form a subsidiary is that a birth? If one ceases to exist is that a death? If they cause the ‘death’ of another corporation can they be brought up on charges of murder?
Remember Corporations, with rights come responsibilities. don’t go shouting ‘fire’ in a theatre!

Citizen Mom commented on Jan 22 10 at 10:29 am

Free speech is free speech is free speech. Good call, SCOTUS.

jenny tries too hard commented on Jan 22 10 at 10:47 am

The ruling is fair for those who approve of the message. Until they don’t. It’s so intellectually dishonest, why bother.

Mistress_Scorpio commented on Jan 22 10 at 11:50 am

Don’t forget that corporations aren’t inherently conservative. Who do you think GE will be running ads for, for instance?

Amanda commented on Jan 22 10 at 12:02 pm

actually, GE was exempt, before They own NBC and MSNBC, so they already were covered under the old law’s free press clause…it was just corporations that didn’t happen to own media outlets that were stifled before. But, yeah, lots of corporations lean left, and Unions (don’t forget the political presence of SEIU) almost always lean left, too.

Citizen Mom, it’s worth pointing out that corporations do answer for wrongful death, and libel and slander, so in a way, yeah, your comment isn’t all that far off.

jenny tries too hard commented on Jan 22 10 at 12:18 pm

oops, missed the “of another corporation” after death…nevermind…

jenny tries too hard commented on Jan 22 10 at 12:19 pm

Just trying to inject some ironical humor. It’s a done deal, so there’s not much left to do but make jokes.d

Citizen Mom commented on Jan 22 10 at 12:54 pm

yeah…I’d get the jokes a lot better If I would slow down while reading! :)

jenny tries too hard commented on Jan 22 10 at 1:56 pm

Are corporations really persons?

Do corporations think?

Do corporations weep?

Do corporations fall in love?

Do corporations grieve when a loved one dies as a result of a lack of adequate health care?

Do corporations have loved ones?

Are corporations even capable of loving?

Do corporations sometimes lose sleep at night worrying about disease, violence, destruction, and the suffering of their fellow human beings?

Do corporations feel your pain?

Is a corporation capable of having a sense of humor? Is it capable of laughing at itself? (EXAMPLE: “So these two corporations walk into a bar….”)

If a corporation ever committed an unspeakable crime against the American people, could IT be sent to federal prison? (Note the operative word here: “It”)

Has a corporation ever walked into a voting booth and cast a ballot for the candidate of its choice?

We all know that corporations have made a mountain of cash throughout our history by profiting on the unspeakable tragedy of war. But has a corporation ever given its life for its country?

Is a corporation capable of raising a child?

Has a corporation ever been killed in an accident as the result of a design flaw in the automobile it was driving?

Has a corporation ever written a novel or a dramatic play or a song that inspired millions?

Has a corporation ever risked its life by climbing a ladder to save a child from a burning house?

Has a corporation ever won an Oscar? Or an Emmy? Or a Tony? Or the Nobel Peace Prize? Or a Polk or Peabody Award? Or the Pulitzer Prize in Biography?

Has a corporation ever performed Schubert’s Ave Maria?

Has a corporation ever been shot and killed by someone who was using an illegal and unregistered gun?

Has a corporation ever paused to reflect upon the simple beauty of an autumn sunset or a brilliant winter moon rising in the horizon?

If a tree falls in the forest, does it make a noise if there are no corporations there to hear it?

Should corporations kiss on the first date?

Could a corporation resolve to dedicate its vocation to being an artist? Or a musician? Or an opera singer? Or a Catholic priest? Or a Doctor? Or a Dentist? Or a sheet metal worker? Or a gourmet chef? Or a short-order cook? Or a magician? Or a nurse? Or a trapeze artist? Or an author? Or an editor? Or a Thrift Shop owner? Or a EMT worker? Or a book binder? Or a Hardware Store clerk? Or a funeral director? Or a sanitation worker? Or an actor? Or a comedian? Or a glass blower? Or a chamber maid? Or a film director? Or a newspaper reporter? Or a deep sea fisherman? Or a farmer? Or a piano tuner? Or a jeweler? Or a janitor? Or a nun? Or a Trappist Monk? Or a poet? Or a pilgrim? Or a bar tender? Or a used car salesman? Or a brick layer? Or a mayor? Or a soothsayer? Or a Hall-of-Fame football player? Or a soldier? Or a sailor? Or a butcher? Or a baker? Or a candlestick maker?

Could a corporation choose to opt out of all the above and merely become a bum? Living life on the road, hopping freight trains and roasting mickeys in the woods?

I realize that this is pure theological speculation on my part but the question is just screaming to be posed: When corporations die, do they go to Heaven?

Our lives – yours and mine – have more worth than any damned corporation. The Supreme Court’s decision on Thursday was beyond wrongheaded. Not only was it obscene – it was an insult to our humanity.

http://wwww.tomdegan.blogspot.com

Tom Degan
Goshen, NY

Tom Degan commented on Jan 23 10 at 2:31 pm

Two percent of Exxon’s PROFITS last year totaled more than the entire sum of both Obama’s and McCain’s presidential campaigns. To suggest that corporations are simply people who deserve the same free speech rights are deluding themselves. These corporations will now have the power to crush candidates that aren’t alligned with their interests.

Leawood commented on Jan 23 10 at 3:29 pm

last I checked, people old enough to vote do have the ability to think for themselves even in the face of “crushing” political advertisement.

As far as whether a corporation is a person, of course it’s not—but it is a group of people, who all share a similar interest, just like AARP or PETA or a PAC or anyone else. GROUPS of people (all of whom can do any of the ‘human’ things Tom Degan mentioned) have always had constitutionally recognized rights to put their voices (in the form of chant) or their money (in a PAC or just pooling money to buy a sign or bunch of t-shirts or anything) together to support any cause they choose.
A corporation after all, is made up of shareholders, who are all human, so how is that any different than a PAC, made up of members, who are all human?
Laws against fraud, libel, slander etc. still apply, and now instead of coming in the back door (like the insurance companies and pharmaceutical giants who sponsered Coakley’s fundraisers) a corporation will now follow the same advertising rules as a PAC—they’ll take out an ad that says something political and then there will be a disclaimer saying ‘this ad paid for by X’. Also, people did an excellent job of tracking down political donors and boycotting in the aftermath of Prop 8, this time instead of mucking around with personal donors, you can directly target the big corporations that support something you disagree with.

jenny tries too hard commented on Jan 23 10 at 6:09 pm

Yes, Jenny. A corporation is simply just another group of people, chanting. It doesn’t matter that they have enough money skip advertising altogether, and lobby the politicians directly. “Vote our way or we pour money into advertising against you.” They won’t even need to fulfill that threat as the politicians will cave to the moneyed interests whims, out of fear and self-preservation. It will all happen behind closed doors. It’s so absolutely fair, who could argue with that?
/sarcasm

Mistress_Scorpio commented on Jan 23 10 at 8:46 pm

They earned the money, why not let them spend it how they want? And right now, lobbying (evil) happens behind closed doors, NOW, this ruling provides an above-board alternative to lobbying. The advertising negative or otherwise will be totally open to the public’s scrutiny.

For the last 63 years media-owning corporations have had this sway over law-makers….NY Times and other papers routinely endorse candidates and make clear through op-eds and outright statements what a candidate would have to support in order to gain the endorsement of a paper. Furthermore, media outlets because they already own the advertising space are free to give free or discounted ad space to causes and candidates they agree with. So why not non-media-based corporations?

Keep in mind, too, this decision was supported by AFL-CIO and the ACLU—hardly apologists for capitalism or conservatism—-and the ruling specifically adresses labor unions and non-PAC nonprofits (like PETA or AARP or NAACP or La-freaking-Raza for that matter) having their spending caps lifted as well. People are focusing on the corporations, but the gist of the ruling is “if you earned or raised the money yourselves, put it into advertising campaign you want and let the voters hear everything that everyone has to say”. Free speech.

jenny tries too hard commented on Jan 23 10 at 9:41 pm

“They earned the money, why not let them spend it how they want?” Indeed. So the three boardmembers of a corporation can decide to spend company money on Candidate X, while each goes home and, as individuals, gives more money from their personal income to Candidate X. We are all equal, but some of us are clearly more equal than the rest.

Jennifer commented on Jan 24 10 at 5:24 pm

Well, anyone who wants to give as an individual and as part of a corporation can also give through a PAC or any of the other nonprofit corporations also affected by this ruling—Again, such “evil” corporations as PETA, La Raza, LULAC, NAACP, the ACLU, Citizens United, GLAAD, SEIU, Greenpeace….or he or she can start his or her own coporation, free marketplace of ideas and all that. Also, some of these “animals” to go on your Orwell theme, were more equal than others before. Media outlets were corporations, too, but they could pay someone like Bill O’Reilly or Keith Olbermann to shill for their prefered candidate or run pages of op eds or give prefered groups lower rates for ads once they’d reached their corporate donation limit, while a corporation or union that wasn’t in media had to stick to an arbitrary number that typically precluded them from taking out their own ads.

Besides, the old law had limits for personal donors, and limits for corporate donors, but nothing preventing a person from donating both as a private citizen and through his or her corporation. Tom Hanks, in the last election, donated the max amount to each of the dem frontrunners as a private citizen and then donated the corporate max again to each through his production company. I’m of the mind that there oughtn’t be a max amount for personal donations, either, just plenty of disclosure. We might even (gasp) have third party candidate with half a chance that way, or maybe a candidate wouldn’t have to already be well-off to run for a Senate seat. After all, there was never a limit on how much of one’s own money could be spent on one’s own campaign, and campaigns being as expensive as they are, in much of the country all but the very wealthy are effectively priced out of running for public office. Look at Michael Bloomberg—he didn’t get near as much in donations as he spent of his own money.

jenny tries too hard commented on Jan 24 10 at 5:53 pm

You keep throwing unions and other historically liberal voting blocs into your argument like that’s supposed to change our minds. This isn’t simply about running comercials or buying ad space. Moneyed interests already had too much influence in Washington. Now they will effectively be the only influence.

Mistress_Scorpio commented on Jan 24 10 at 11:26 pm

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