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Supreme Court Rolls Back Corporate Campaign Spending Limits

lorenlal writes "The Supreme Court of the United States must have figured that restrictions on corporate support of candidates was a violation of free speech, or something like that." From the AP story linked above: "By a 5-4 vote, the court on Thursday overturned a 20-year-old ruling that said corporations can be prohibited from using money from their general treasuries to pay for campaign ads. The decision, which almost certainly will also allow labor unions to participate more freely in campaigns, threatens similar limits imposed by 24 states."

1,070 comments

  1. Constitution? by DoofusOfDeath · · Score: 1, Insightful

    If the U.S. Constitution ensures the free speech rights of corporations, as the SCOTUS has judged, then clearly the Constitution is defective.

    1. Re:Constitution? by FooAtWFU · · Score: 3, Funny

      Then perhaps we should amend it! In the meantime, free speech (and a free press) isn't just a good idea: it's the law.

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    2. Re:Constitution? by Anonymous Coward · · Score: 2, Insightful

      Why?

      Do you believe individuals should have the right to spend money on campaigns? (I do; your money, do with it as you wish.) If you do, then why shouldn't groups of individuals have the right to decide as a group what to do with money owned by the group, using whatever governance structure the group has previously agreed to?

    3. Re:Constitution? by polar+red · · Score: 1

      a rich man buys many votes ... the gravitational pull of money increases even more ...

      --
      Yes, I'm left. You have a problem with that?
    4. Re:Constitution? by Captain+Splendid · · Score: 5, Funny

      then clearly the Constitution is defective.

      You're thinking about this the wrong way. The constitution is not defective. Finally, all this anti-corporate ideology is on the wane, and true social equality will soon be reached when we get a corporation as a supreme court justice.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    5. Re:Constitution? by killmenow · · Score: 5, Insightful

      It's not the Constitution that's defective. It's the Supreme Court ruling in 1886 that effectively gave corporations personhood. THAT is what needs to be overturned.

    6. Re:Constitution? by dyfet · · Score: 5, Insightful

      The problem is that corporations are legal fictions which seem to have been given all of the rights of real people, but with NONE of the consequences or responsibilities. Freedom without responsibility is social destruction.

    7. Re:Constitution? by djmartins · · Score: 0

      "Why? Do you believe individuals should have the right to spend money on campaigns? (I do; your money, do with it as you wish.) If you do, then why shouldn't groups of individuals have the right to decide as a group what to do with money owned by the group, using whatever governance structure the group has previously agreed to?" Simple reason. Corporations can live forever, people can't. Corporations should have NEVER been given the same rights as people.

    8. Re:Constitution? by bigjarom · · Score: 1

      Or maybe, just maybe, both the Constitution AND one or more of the Supreme Court rulings are indeed defective. The Constitution is not perfect, and I challenge anyone to explain otherwise.

    9. Re:Constitution? by elfstone1555 · · Score: 0

      They may have the right to spend their money... Unfortunately due to the decline of social security I am forced to place my savings in the stock market in order to ensure I can retire. I have no way of knowing which corporations are getting my money through the various funds that are offered to me. Now those same corporations I am force to invest in are able to take my money and support politics and policies that I don't agree with. How is that fair?

    10. Re:Constitution? by rahvin112 · · Score: 3, Insightful

      The problem isn't the constitution. The courts ruling is correct. The problem is that Congress declared Corporations "persons" under US law. Give them the legal recognition of a person and they have all the rights too. Congress can undo this by simply making Corporations a legal entity that isn't a "person" under US law. Unfortunately this will never happen because to many people in congress benefit from corporations being "persons". It gives corporations all the benefits of being a "person" without any of the risks (such as going to jail). Congress did this, not the courts.

    11. Re:Constitution? by Anonymous Coward · · Score: 0

      I pray to God you are being sarcastic. Allowing corporations to be treated as persons for purposes of free speech is wrong. The Government was by The People and for The People not by and for The Corporations. All hail Caesar!

    12. Re:Constitution? by SnapShot · · Score: 4, Insightful

      Good point. Since corporations were granted their personhood in 1884 there has never been a corporation as President or even Governor. By now we should have seen a Senator Dow Chemical or a Representative Monstanto, but there's obviously a pervasive bias in the system that keeps corporations down.

      Sure, they have nearly infinite amounts of money, are essentially immortal, require no sleep, clean water, fresh air, or safe food, and have two political parties and 60% of the Supreme Court at their beck and call. But, could that have ever made up for the pain they must have felt knowing that they couldn't fully exercise their 1st Amendment Rights?

      Thank God the Roberts Court has righted this injustice and ended over a century of disenfranchisement of our most vulnerable pseudo-citizens.

      --
      Waltz, nymph, for quick jigs vex Bud.
    13. Re:Constitution? by killmenow · · Score: 1

      OK, I wasn't perfectly clear but I meant it's not the Constitution that's defective in this particular case. Sure, it's not perfect. Agreed. But it's pretty damn good. And the bigger problem is giving corporations the same rights as people.

    14. Re:Constitution? by ArcherB · · Score: 1

      If the U.S. Constitution ensures the free speech rights of corporations, as the SCOTUS has judged, then clearly the Constitution is defective.

      So, if someone decides to become a self corporation, do they lose all rights as far as you are concerned?

      Remember, all companies are made up of people. They are not evil entities all on their own. They are made up of stock holders, boards and employees, all people.

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    15. Re:Constitution? by amRadioHed · · Score: 1

      Bribing public officials is illegal, unless it's in the guise of campaign contributions.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    16. Re:Constitution? by Red+Flayer · · Score: 1

      I have no way of knowing which corporations are getting my money through the various funds that are offered to me. Now those same corporations I am force to invest in are able to take my money and support politics and policies that I don't agree with. How is that fair?

      You don't have to invest in funds. You can invest in single stocks.

      If you're talking about a 401k, or an IRA, that's your choice to participate. You could invest on your own if you so choose (though you wouldn't get the tax benefits of those type of investment vehicles).

      Just another note... it is false that you have no way of knowing which corporations those funds invest in. By law (for a qualifying 401k or IRA) you are able to get that information from the fund manager.

      Try doing some of your homework. Talk to your plan administrator (if through your work) or to your agent (if private) and get the fund prospectus for any fund you are interested in. You'll see where the fund puts its money.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    17. Re:Constitution? by Anonymous Coward · · Score: 0

      Because those 'groups of people' control more wealth than all the individuals combined. As long as the corporation is limited to the same amount as any other individual, it's fine with me!

    18. Re:Constitution? by tbannist · · Score: 2, Informative

      I'm not sure where you're getting your information, according to theWikipedia article on it, it looks like corporate personhood was decided in the courts.

      --
      Fanatically anti-fanatical
    19. Re:Constitution? by Spazmania · · Score: 2, Insightful

      I believe that individuals (i.e. real persons with citizenship) should have the right to spend any or all of their money on campaigns.

      I believe they and I should have the right to band together and do so as a group.

      I do not believe that my or your rights are in any way trampled merely by forcing structural separation between the groups banded together for the purpose of political persuasion and the groups banded together for for the purpose of buying, selling and producing products.

      Nor should you have any difficulty understanding why groups organized primarily for buying and selling have such a corruptive influence on the process of political persuasion.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    20. Re:Constitution? by Anonymous Coward · · Score: 0

      Simple reason.
      Corporations can live forever, people can't.
      Corporations should have NEVER been given the same rights as people.

      Really? When all the people die, what happens to the corporation? Oh... that's right.

      So the corporation is only "alive" as long as it has members. And those members have a right to free speech. So....

    21. Re:Constitution? by natehoy · · Score: 2, Informative

      What you are referring to is an existing construct. A PAC (Political Action Committee), SIG (Special Interest Group) or other political collective. The names and rules surrounding such organizations vary by state, but by and large they are formed around a goal and their members have bought into the goal. Those groups DO have the right to free speech, specifically their political speech is not regulated, simply because their governance structures are required to be transparent, and they have to have a clear paper trail as to where their money came from (lists of donors, etc). In other words, these organizations are treated as you describe - a group of individuals who have the right to decide as a group what to do with their collective funds.

      However, a PAC/SIG/etc has to be a transparent. They have to be demonstrably a collective that is freely contributed to by individual citizens who have input as to the goals of that collective (even if their only input is "I like your ideals and I wish to give you money.") All members of a political organization have to have voluntarily joined the organization and it cannot be a condition of employment and/or other coercion cannot be applied.

      This is vastly different from the organization of a company or a union. Those organizations do not have to be held accountable to the voters as to whether the will of their shareholders or sources of income are comfortable with the money being spent in political campaigns, and do not have to share their sources of income.

      Separating "political" from "free" speech is a cast iron bitch, though.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    22. Re:Constitution? by Delwin · · Score: 1

      It's kind of hard to imprison a corporation...

    23. Re:Constitution? by MindlessAutomata · · Score: 1

      The Government was by The People and for The People

      That's a nice bit of idealistic cultural mythology, isn't it? Do tell me, who are "the people?" 51% of people in a country?

    24. Re:Constitution? by Delwin · · Score: 1

      If they hide behind the legal protections of a corporation then no, they are not a person. If they come out from behind that legal firewall then yes they can be a person but they have to deal with the penalties as well as the benefits.

    25. Re:Constitution? by elfstone1555 · · Score: 0

      You don't have to invest in funds. You can invest in single stocks.

      Uhh, I don't know what 401k plan your company offers but my plan only offers funds and the ability to invest in my company stock.

      If you're talking about a 401k, or an IRA, that's your choice to participate. You could invest on your own if you so choose (though you wouldn't get the tax benefits of those type of investment vehicles).

      right. So what you are saying is I either invest with my 401k or I miss out on all the benefits and incentives such as reduced taxes, matching contributions, etc. That seems makes sense. I'm feeling freer every second.

      Just another note... it is false that you have no way of knowing which corporations those funds invest in. By law (for a qualifying 401k or IRA) you are able to get that information from the fund manager.

      I'll give yous this. I could dig through every fund and find out every single company they invest in (which usually is 100s of them) and before long I would probably end up w/o any funds to invest in and be stuck in bonds which would surely reduce my retirement prospects. Not to mention the time to do this is prohibitively expensive...

      Try doing some of your homework. Talk to your plan administrator (if through your work) or to your agent (if private) and get the fund prospectus for any fund you are interested in. You'll see where the fund puts its money.

      Again, not really much help because I'm still locked in to putting my money in only the funds they offer and the amount of stocks each fund invests in is very large. Here's a radical thought. How about the companies I am forced to invest in just concentrate on their business and not spending my money on political activities? I know, too crazy to be considered...

    26. Re:Constitution? by Anonymous Coward · · Score: 0

      If the U.S. Constitution ensures the free speech rights of corporations, as the SCOTUS has judged, then clearly the Constitution is defective.

      No, the SCOTUS is defective. Talk about legislating from the bench... Talk about deciding issues that weren't before the court...

      If you'll remember the court decided to take this case even though it hadn't been appealed to the Supreme Court, and even though the Court wasn't in session at the time. The question before the court was "Do the makers of an hour long politically motivated attack ad need to disclose who funded of the ad as is required by law?" The court's answer to that question was "congress cannot limit the ability of the people who run corporations to spend assets they don't own on political campaigns." In other words, campaign financing restrictions only apply to individuals.

      It's pretty apparent now that Roberts and Alito committed perjury during their confirmation hearings. Somehow, I doubt that they will be impeached.

      Of course, this is the court that decided that a television news organization was just exercising free speech when it decided to air a falsified story in order to benefit a sponsor. This just extends that decision so that now it's legal for a sponsor to directly pay for a falsified news story attacking a political opponent.

      Democracy wasn't working out here anyway. How much worse can this make it?

    27. Re:Constitution? by jollyreaper · · Score: 2, Interesting

      You're thinking about this the wrong way. The constitution is not defective. Finally, all this anti-corporate ideology is on the wane, and true social equality will soon be reached when we get a corporation as a supreme court justice

      Why own the cow when you get the milk for free?

      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    28. Re:Constitution? by gd2shoe · · Score: 1

      Congress did this, not the courts.

      I disagree, though you have a good point. SCOTUS did this, but congress should have tried to fix it.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    29. Re:Constitution? by SETIGuy · · Score: 4, Insightful
      Re-posting. Didn't mean to post anonymously.

      If the U.S. Constitution ensures the free speech rights of corporations, as the SCOTUS has judged, then clearly the Constitution is defective.

      No, the SCOTUS is defective. Talk about legislating from the bench... Talk about deciding issues that weren't before the court...

      If you'll remember the court decided to take this case even though it hadn't been appealed to the Supreme Court, and even though the Court wasn't in session at the time. The question before the court was "Do the makers of an hour long politically motivated attack ad need to disclose who funded of the ad as is required by law?" The court's answer to that question was "congress cannot limit the ability of the people who run corporations to spend assets they don't own on political campaigns." In other words, campaign financing restrictions only apply to individuals.

      It's pretty apparent now that Roberts and Alito committed perjury during their confirmation hearings. Somehow, I doubt that they will be impeached.

      Of course, this is the court that decided that a television news organization was just exercising free speech when it decided to air a falsified story in order to benefit a sponsor. This just extends that decision so that now it's legal for a sponsor to directly pay for a falsified news story attacking a political opponent.

      Democracy wasn't working out here anyway. How much worse can this make it?

    30. Re:Constitution? by DoofusOfDeath · · Score: 2, Funny

      It's kind of hard to imprison a corporation...

      I volunteer to try.

    31. Re:Constitution? by straponego · · Score: 2, Interesting

      Not just all the rights, but more rights. For example, they aren't subject to the campaign contribution spending limits we are. They have stronger privacy rights than we do (they can refuse to provide information to courts for competitive reasons). When a corporation buys another corporation, that should be considered either slavery or prostitution. Corporations should be subject to prison and the death penalty.

      Actually, if corps were forbidden to buy other corps, it'd do wonders for employment and innovation. Never happen, though.

    32. Re:Constitution? by Anonymous Coward · · Score: 0

      So you want to invest in stocks to share in company profits, but you don't want to invest in companies that use the money to further increase their profits by campaigning for an amiable politician. And you are so greedy and want to share in their profits so bad you are only willing to complain rather than not invest in them or even be bothered to do research to see if there is something you agree with more... I guess that means you are greedy as the corporations are...but its ok because at least you feel some guilt about it.

    33. Re:Constitution? by commodoresloat · · Score: 3, Funny

      They're discriminated against in the hiring process as well. I can't tell you how many hiring committees I've been on where we've only hired actual human beings. It's pervasive! I say we need affirmative action for corporations; level the playing field a bit, at least until we see more and more corporations in positions of power at corporations. True fact: nearly all corporate CEOs are actual human beings rather than corporations (Steve Jobs is the exception here).

    34. Re:Constitution? by SETIGuy · · Score: 2, Insightful

      Actually, it was the Supreme Court that decided that corporations are persons. (In truth a clerk inserted a statement to that effect into a Supreme Court decision without the Court deciding that.) But it's precedent now, and with the Roberts court precedent means everything, unless a majority of the court decides to discard 200 years of precedent, as it did in this case.

    35. Re:Constitution? by csartanis · · Score: 1

      Because groups of individuals are are much more powerful than individuals. That power should not be wielded to run our government 'of the people' (hah).

    36. Re:Constitution? by Anonymous Coward · · Score: 0

      The supreme court there was simply going with the clear meaning of law:

      From Title 1, Chapter 1, Section 1 of the US Code:

      "the words “person” and “whoever” include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals; "

      How exactly are they supposed to have ruled otherwise?

    37. Re:Constitution? by Anonymous Coward · · Score: 0

      I do not believe that my or your rights are in any way trampled merely by forcing structural separation between the groups banded together for the purpose of political persuasion and the groups banded together for for the purpose of buying, selling and producing products.

      Or, in other words, it doesn't affect you, so it doesn't trample your rights.

      Show me in the Constitution where it says that the federal government may limit the transfer of money between individuals or groups of individuals.

    38. Re:Constitution? by Maxo-Texas · · Score: 1

      The problem with that phrase is that the "cow" enjoys the hell out of giving milk. As a result of phrases like that the "cow" often goes without giving milk for years and even loses some of their ability to give milk which has to slowly recover once they start giving milk again.

      Meanwhile, the smart bull goes on to another cow with a better attitude.

      The parent post of a corporation as a justice was much cleverer than my overstrained mootephore.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    39. Re:Constitution? by jmorris42 · · Score: 1

      > I do not believe that my or your rights are in any way trampled merely by forcing structural separation between the groups banded together for
      > the purpose of political persuasion and the groups banded together for for the purpose of buying, selling and producing products.

      I take it you couldn't be bothered to even read the summary of the decision before pontificating on what you 'believe.' Had you read the decision you would know they examined that argument and rejected it for good reason. Almost every media outlet is part of a corporation as you describe, "banded together for for the purpose of buying, selling and producing products" and if you are to limit the content of corporate speech you would have to muzzle most of the press. Look at GE and NBC for example, GE is deeply involved in the defense industry, 'green energy', the medical industry, etc. and at the same time operating a major media organ in cahoots with a corporation that stands convicted of abusing a monopoly! Or look at the News Corp empire, while less involved in non-publishing activity they are still a major corporation with tentacles in a lot of things while operating a media operation that expresses political positions.

      --
      Democrat delenda est
    40. Re:Constitution? by Anonymous Coward · · Score: 0

      Nah. Show me in the Constitution where it says that free speech equals money.

      See how easy it is to play the "show me in the constitution" game?

      If we accept the common law system of jurisprudence on which the Constitution was written and subsequently interpreted, this answers your question: Stebbins v. Riley, 268 U.S. 137, 140-41 (1925).

    41. Re:Constitution? by Whorhay · · Score: 2, Funny

      Well that may be, but I'll bet they have been unfairly avoiding their civic duty of Jury Duty!

    42. Re:Constitution? by Spazmania · · Score: 1

      Last I heard, the press' job was to report facts and to some extent offer analysis. NBC shouldn't be advocating for a particular candidate for office and neither should FOX.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    43. Re:Constitution? by Anonymous Coward · · Score: 1, Interesting

      We've had, or have Senator Dow Chemical and Representative Monstanto. We've also had/have Representative Hollywood, Representative Defense Contractor, Senator "Big 3", and Senator Mormon.

      We, and the media choose to call them by their given names.

    44. Re:Constitution? by The+End+Of+Days · · Score: 1

      The People are anyone who thinks the right way. Everyone else doesn't count. Depending on who is talking, the grouping changes, but the grouping method never does. Funny, that.

    45. Re:Constitution? by Scooby+Snacks · · Score: 2, Informative

      Actually, no: The courts did it. Or, if you want to be more specific, the court reporter, a former railroad president, did it.

      --

      --
      Runnin' around, robbin' banks all whacked on the Scooby Snacks...
    46. Re:Constitution? by Anonymous Coward · · Score: 0

      It also means that this court is not defective because they were interpreting according to the law (and legal precedent). With this ruling the justices were being good judges. If the ruling is bad then the law needs to be changed by the lawmakers - Congress.

    47. Re:Constitution? by Anonymous Coward · · Score: 0

      The Constitution is fine and provides for no such thing. You need to research Santa Clara County v. Union Pacific RR (118 U.S. 394 (1886)). This little gem extends the status of personhood to corporations. Amazingly ill-advised and not even part of the dispute.

      Not argued for or against, and simply the pronouncement of one justice before the beginning of arguments. See http://laws.findlaw.com/us/118/394.html

      I've wondered for years just exactly how much he was paid for those few words.

    48. Re:Constitution? by startled · · Score: 2, Funny

      Good point. Since corporations were granted their personhood in 1884 there has never been a corporation as President or even Governor.

      What about more basic rights, like marriage? Yeah, yeah, "mergers" give you all the same benefits. If that's so, why not let them call it marriage?

      You ask me, get the government out of this whole marriage thing, and let individuals, their faiths, and their churches decide if they want to let AOL be "wedded" to Time Warner. In the mean time, the government can call AOL and Time Warner "civil partners".

      After that, maybe we can end this horrid business of corporations being bought and sold. Disgusting!

    49. Re:Constitution? by way2slo · · Score: 1

      ...but the article you link to states otherwise:

      "The Supreme Court never reached the equal protection claims. Nonetheless, this case is sometimes incorrectly cited as holding that corporations, as juristic persons, are protected by the Fourteenth Amendment.[13]"

    50. Re:Constitution? by colinrichardday · · Score: 1

      2010-1886=124. Geesh, what kind of math are teaching these days?

    51. Re:Constitution? by Anonymous Coward · · Score: 0

      True that. I have a hunch that the resources corporations have access to, help out somewhat.

      or

      elections = masses * corporations^2

      Where we can clearly see that corporations have more weight in the result.

    52. Re:Constitution? by phlinn · · Score: 1

      Incorrect. The question before the court was whether the FEC's decision to prevent the airing of a movie depicting Hillary in a negative fashion within 60 days of the election was legitimate. The decision by the FEC to block it depended on special rules which only apply to collective entities such as corporations and unions. As a side issue, the court decided 8-1 that disclosure was still required. Please at least read the 7 page summary before spouting off. Or read the 180+pages of partial dissents and concurring opinions. Or at the very least find a law blog with details. Further, It didn't grant corporations exemptions from the same campaign financing restrictions which apply to people.

      --
      "Pulling together is the aim of despotism and tyranny! Free men pull in all sorts of directions" -- Havelock Vetinari
    53. Re:Constitution? by dryeo · · Score: 1

      Well if money = speech then illegalizing bribery is unconstitutional. Perhaps the Supreme court will strike down those laws.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    54. Re:Constitution? by ClosedSource · · Score: 1

      No, it's the judges of SCOTUS who are defective.

    55. Re:Constitution? by elfstone1555 · · Score: 0

      Right, because greed and retirement survival are so closely related.... If there were an alternative means of retirement that meant I never had to invest in a company I didn't agree with I would be all for it. If only our corporate overlords made that possible instead of forcing us into large retirement stock funds that pad their pockets and inflate the market.

    56. Re:Constitution? by Anonymous Coward · · Score: 0

      Perhaps we need an equal opportunity amendment to the constitution to promote the election of corporations to political office?

    57. Re:Constitution? by Skjellifetti · · Score: 1

      Lets fix it.

      Corporations speak with a giant middle finger.

      ... that government of the corporations, by the corporations, for the corporations, shall not perish from the earth.

      A. Lincoln -- The Gettysburg Address

    58. Re:Constitution? by northstarlarry · · Score: 1

      Newspapers and other news outlets endorse candidates for public office all the time. Just as an illustrative link, the first thing that came up from googling "obama newspaper endorsements". They usually write a big editorial explaining their position. This has been going on as long as newspapers have existed.

    59. Re:Constitution? by virg_mattes · · Score: 1

      Flawed argument. All of the members would have to die at once, and the corporation would have to be such that owndership was uninheritable by anyone else. Since a corporation with these limits doesn't exist, your argument fails. A corporation can easily survive all of its founding members, and can be passed to heirs. Are you seriously positing that if every holder of Disney stock died tomorrow, that Disney, Inc. would cease to exist?

      Virg

    60. Re:Constitution? by Spazmania · · Score: 1

      And if the newspaper had to report that it's editor endorses a particular candidate instead of the newspaper itself officially endorsing a candidate, that would be a truly ghastly loss of liberty.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    61. Re:Constitution? by Anonymous Coward · · Score: 0

      Any chance you can elaborate on the perjury charge? Australian reader here, no idea what you're talking about.

    62. Re:Constitution? by Jeremy+Erwin · · Score: 1

      Hint. Fire your workers and employ consultants instead. OK, you could get a temp agency to run the mailroom.

    63. Re:Constitution? by celle · · Score: 1

      If I remember right, corporations owe their existence on the side notes of a court clerk about a case. May the bastard burn along with the judge that thought it was a good idea.

      Corporations are chartered by governments, not nature, so how can they be the same as people?

    64. Re:Constitution? by celle · · Score: 1

      No congress didn't, the court abused the 14th amendment intended to protect the recently freed slaves for it's own ends. Kind of like what SCOTUS did today in not focusing on the actual issue that was before the court. Are we at ammo yet?

    65. Re:Constitution? by Anonymous Coward · · Score: 0

      Apparently the same kind of English they are teaching.

    66. Re:Constitution? by Jeremy+Erwin · · Score: 1

      You'd have to do something about the anti-bigamy laws, but they're of dubious necessity anyway.

    67. Re:Constitution? by enstrophy · · Score: 1

      In some sense the constitution is inconsistent with corporations as individuals. An interpretation of this is that corporations are individuals which can be bought and sold which is slavery and was made unconstitutional by the 13th amendment .

    68. Re:Constitution? by Wild_dog! · · Score: 1

      I find this reasonable. The constitution was not written for organizations of any kind. It was to more effectively dilineate individual rights and their relation to governmental power. All citizens are people and it is the rights of citizens which are always at odds with the relentlessness of power structures whether governmental, corporate, religious, union or otherwise. Individual rights have always been a fragile thing. The constitution is really about shielding the individual from the power structures that would overwhelm our rights. Giving rights to the power structure organizations strikes me as contradictory to the constitution. And the reaching back in history to rule on a broader set of rulings strikes me as over-reaching. Exactly the judicial activism that conservatives seem to advocate against. Reaching back to undo a series of rulings dating back to the beginning of the last century seems a bit absurd. Exactly what rights of the individual citizen are being protected here?

    69. Re:Constitution? by northstarlarry · · Score: 1

      I don't disagree. I just thought you meant that it didn't happen.

    70. Re:Constitution? by Ihlosi · · Score: 1

      Sure, they have nearly infinite amounts of money, are essentially immortal, require no sleep, clean water, fresh air, or safe food, and have two political parties and 60% of the Supreme Court at their beck and call. But, could that have ever made up for the pain they must have felt knowing that they couldn't fully exercise their 1st Amendment Rights?

      First amendment? You're thinking way too short. Wait until corporations want to exercise their second amendment rights ... more than they do already (don't think "army for hire", think "army working solely for the corporation").

    71. Re:Constitution? by rantingkitten · · Score: 1

      The courts ruling is correct. The problem is that Congress declared Corporations "persons" under US law.

      Isn't one of the roles of the court to check the power of the Congress, and if what Congress says or does is unconstitutional, say so?

      Congress has made up all kinds of wacky laws in the past and been smacked by the courts. Just because Congress declared some idiotic law over a hundred years ago doesn't mean the courts have to pretend that's legitimate.

      --
      mirrorshades radio -- darkwave, industrial, futurepop, ebm.
    72. Re:Constitution? by Vertigo+Acid · · Score: 1

      Supreme court appointments are for life. They are not subject to impeachment or involuntary removal.

      --
      Beta is bad enough to make me go edit settings like this sig that haven't been touched since I joined
    73. Re:Constitution? by JimThink · · Score: 1

      Free speech of private corporations and private unions. The only issue I see is where government funded unions can also now contribute.
      I own parts of some corporations, and I approve this message.

    74. Re:Constitution? by DarthVain · · Score: 1

      Here here, I would like to vote for President Sony! He is American right?

    75. Re:Constitution? by DarthVain · · Score: 1

      I believe the last term was run by the Haliburton Corporation if I am not mistaken... a figurehead is just that.

    76. Re:Constitution? by DavidTC · · Score: 1

      Of course, this is the court that decided that a television news organization was just exercising free speech when it decided to air a falsified story in order to benefit a sponsor.

      I'm glad you mentioned that, because almost no one is connecting the dots.

      As of fairly recently, it became legal to air whatever you want, (barring slander) as news, at least on cable. It is not illegal to deliberately present outright falsehoods as news as long as they aren't defamatory.

      And, now, it's legal for corporations to spend as much money as they want airing anything they want, without disclosing the funding.

      Ergo, it is now legal for a corporation to buy time on a 'cable news network', and present fake news that says whatever it wants (Again, as long as it doesn't defame anyone.)

      A candidate in trouble because he had an affair? Ah, that has an easy solution...buy five minutes on CNN, put in some fake reporters talking about how the entire issue is overblown, that there's no evidence of it, etc. Put in fake interviews with supposed government officials saying this was a lie. (You cannot defame the government in general, only specific people in it, so as long as you make up their names and titles, you're fine.)

      There are people right now who just read that and thought 'CNN would never do that'. Well, no. CNN probably wouldn't do that now, because it has actual reporters who would complain.

      It is, however, legal for them to do. (And note while I specifically said you can't defame people with said lies, that's slander, but slander laws about public officials are fairly lax.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    77. Re:Constitution? by Areyoukiddingme · · Score: 1

      Supreme court appointments are for life. They are not subject to impeachment or involuntary removal.

      Not true. The Constitution of the US includes a procedure for impeachment of Supreme Court justices. It works the same as impeachment of a president. The House of Representatives presents articles of impeachment and the Senate conducts a trial. If the Senate convicts, a justice can be removed from the Supreme Court.

      In point of fact, this procedure has to be followed regardless of any other proceedings against a justice. If a justice is convicted of murder in criminal court, they'll still hold their Supreme Court seat until impeachment proceedings are conducted, independently. If Congress thinks it's ok to have a convicted murderer sitting as a judge, it could happen.

    78. Re:Constitution? by Spazmania · · Score: 1

      I'm also not that absolutest. The endorsement of a newspapers editorial board doesn't pack quite the corruptive punch of a Walmart ad campaign.

      I only meant to say that if the price of allowing congress to stop Walmart's political ad campaign was also allowing them to stop the newspaper from making an official endorsement then it's a price cheaply paid with zero harm to liberty. The newspaper can as easily and as effectively report the endorsement of its editors and report the endorsement of any other notables it deems interesting.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    79. Re:Constitution? by countertrolling · · Score: 1

      ...why not let them call it marriage?

      Because corporations are gay.

      --
      For justice, we must go to Don Corleone
    80. Re:Constitution? by yuhong · · Score: 1

      Yea, money should not equal speech.

    81. Re:Constitution? by LordVader717 · · Score: 1

      Corporations are inherently undemocratic. They cannot claim to represent the views of the employees who worked to help the company gain such wealth. They are controlled by a small group of people who were chosen for a completely different purpose.
      While we accept the huge inequality of power and wealth on an economic level, it would undermine democratic politics.

      Plus it's an inappropriate use of corporate money. Just as executives can't help themselves to corporate funds to build personal houses and hire hookers, they shouldn't be paying corporate money to push their personal political views.

    82. Re:Constitution? by Anonymous Coward · · Score: 0

      "By now we should have seen a Senator Dow Chemical or a Representative Monstanto."

      Uh, hey guys has anyone tried this? A corporation running for a public office either at the local, state, or federal level.

      It seems absurd that it would be allowed to happen however if a corporation is granted the rights of a citizen it should be allowed to run for office, right?
      If not then that would be considered some sort of legal discrimination, right?

      So if I created a LLC and then ran for office under that company (or does it have to be a corporation?), and someone sued my corporation saying I couldn’t do that, could I take my case all the way to the supreme court and force them to decide explicitly whether my corporation was a person or not?

      Would it cause a legal divide by zero error?

      Could someone who is a lawyer or acquainted with the law on the subject comment?
      It would lead to either one of two cases it seems, 1) a corporate nation state, or 2) de-legitimization of a corporation as a person.

      I mean there is a reason Michael Bloomberg ran for mayor as a individual and not as Bloomberg Inc., right?

    83. Re:Constitution? by Anonymous Coward · · Score: 0

      None of the consequences or responsibilities? Most large corporations are in a perpetual state of being sued. If they go bankrupt, every last drop of blood will be squeezed from them. Taxes are far more complex. There are regulations on every aspect of business: hiring, firing, environmental, financial.

      Now there's a real difference in morality when it comes to corporations: business is survival of the fittest, and all is fair game. But there are certainly enormous responsibilities and consquences that corporations are subject to.

  2. Bad, bad news by truthsearch · · Score: 4, Insightful

    We need to replace the "conservatives" on the supreme court who don't understand that corporations should not have the constitutional rights of citizens.

    1. Re:Bad, bad news by Delwin · · Score: 1

      My real fear is that it won't stop at free speech. How long until corporations get to vote?

    2. Re:Bad, bad news by igadget78 · · Score: 1

      We need to replace the "conservatives" on the supreme court who don't understand that corporations should not have the constitutional rights of citizens.

      Doesn't matter. they are all the same.

      Do you want Cauliflower or Broccoli?

    3. Re:Bad, bad news by Anonymous Coward · · Score: 0

      No, those rights should be reserved for terrorists.

    4. Re:Bad, bad news by Hatta · · Score: 5, Insightful

      They already have the only vote that matters. If you can choose who the candidates are, you never have to worry about which one wins.

      --
      Give me Classic Slashdot or give me death!
    5. Re:Bad, bad news by jellomizer · · Score: 0, Flamebait

      So The Conservatives get huge funding from Corporations.
      The Liberals get huge funding from Unions.

      What is new here. Both sides are just as corrupt and twised.

      The right will steal money out of your right pocket.
      The Left will send next to you on you left and reach around and steal money out of your right pocket.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    6. Re:Bad, bad news by FooAtWFU · · Score: 4, Insightful

      When they ratified an amendment protecting the free press, next to Speech, you don't think that any corporation had ever spent any money to publish a newspaper to push a political opinion?

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    7. Re:Bad, bad news by ScentCone · · Score: 5, Insightful

      We need to replace the "conservatives" on the supreme court who don't understand that corporations should not have the constitutional rights of citizens.

      The constitution doesn't give you, or a business formed by you and a friend, any rights. The constitution is there to limit the government's ability to take those rights away. Being able to buy a newspaper advertisement or broadcast an advertisement isn't something that the goverment should be able to prevent you (or the company you've formed) from doing. Likewise for labor unions, advocacy groups, churches, scouting troops, bowling leagues, open source code projects, or anyone else.

      I'm always amazed at how many misguided people think their rights come from the government. That explains a lot about why statists like Pelosi and Reid think they have so much more traction than they really do. Don't give it to them, now matter how much you want the government to be your Nanny.

      --
      Don't disappoint your bird dog. Go to the range.
    8. Re:Bad, bad news by DoofusOfDeath · · Score: 4, Insightful

      We need to replace the "conservatives" on the supreme court who don't understand that corporations should not have the constitutional rights of citizens.

      I think we face this issue: What do we do when those who have studied a subject extensively (the USPTO members in this case) come to conclusions that seem absurd (relative to our plain reading of the Constitution, in this case). Because most of us who are supposedly bound the the Constitution don't have the time and means to study it extensively while still meeting our other responsibilities.

      One the one hand, we might conclude that if we too had studied the Constitution extensively, we would reach the same conclusions as the SCOTUS. And then we can choose to either accept their judgment, or try to muster the balls to get the Constitution changed.

      Or on the other hand, we might reason that regardless of the sophistication of their reasoning, it must have some (perhaps hidden) flaw, because of the conclusions they've reached. (I.e., that corporations have free-speech rights that are so sacrosanct that they can legally de facto buy legislation). I'm not exactly sure what options this leaves us, shy of revolution. Which despite the bravado we often exhibit on this site, would have tragic consequences in terms of lost or ruined lives of innocent persons.

    9. Re:Bad, bad news by truthsearch · · Score: 1

      The vote was 5 to 4, with conservatives in the majority. If there were less conservatives in the court, this decision would have swung the other way.

    10. Re:Bad, bad news by Captain+Splendid · · Score: 1, Flamebait

      So The Conservatives get huge funding from Corporations and jesus freaks.
      The Liberals get huge funding from Corporations and Unions.


      Fixed that for you.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    11. Re:Bad, bad news by DaHat · · Score: 3, Insightful

      Never mind that most press organizations (tv, radio & print) are all run by for-profit corporations.

    12. Re:Bad, bad news by polar+red · · Score: 1

      Do the unions have money?

      --
      Yes, I'm left. You have a problem with that?
    13. Re:Bad, bad news by ArcherB · · Score: 4, Insightful

      The constitution doesn't give you, or a business formed by you and a friend, any rights. The constitution is there to limit the government's ability to take those rights away.

      Thank you for reminding us that many of the first X amendments state "Congress shall pass no law that...", not "Citizens may..."

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    14. Re:Bad, bad news by Ethanol-fueled · · Score: 1

      That wouldn't be a bad idea if a behemoth like Google would back the Pirate Party's candidate.

      Especially since banks and, say, Oil companies are on American public opinion's shitlist.

    15. Re:Bad, bad news by Col.+Klink+(retired) · · Score: 1

      Groups that support this ruling: NRA, ACLU, US Chamber of Commerce & the AFL-CIO.

      --

      -- Don't Tase me, bro!

    16. Re:Bad, bad news by Captain+Splendid · · Score: 1

      Well no, not as much as your average corporation, but to not mention them is to risk getting wingnuts all in a froth.

      And there's nothing sadder than a conservative with pee-stained trousers.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    17. Re:Bad, bad news by CannonballHead · · Score: 0, Flamebait

      Oh nonsense, we all know that conservatives are the ones that want to take away our right to speech ("Fair Speech" thing for radio), our right to own guns, our right to choose ... say ... health care options? ...

      It's the liberals who are the ones that want to allow us to make our own choices in all walks of life.

      (of course, the small print is that our own choices have to be taken from the choices they give us...)

      Yes, sarcasm. :)

      I don't agree with the whole corporation-as-person thing and I do'nt like the company-buying-elections thing either, but to say that conservatives are ruining our rights and that liberals are the ones trying to uphold the constitution and the rights therein seems remarkably ignorant of even the way they treat and view the constitution.

      What we need are people on the SCOTUS that don't try to use the SCOTUS to make laws by re-interpreting the constitution.

    18. Re:Bad, bad news by Captain+Splendid · · Score: 0, Flamebait

      And thank the both of you for your public mutual masturbation session that added nothing of value to the discussion.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    19. Re:Bad, bad news by Seakip18 · · Score: 2, Insightful

      I think the main distinction is that, the individual or group of individuals that put these opinions out there cannot be restricted by the gov't. If a corporation assists in extracting and spreading these opinions, then it's all good, because the opinions are not that of the corporation(at least on the face), just that of the individuals.

      Granted, Fox news isn't going to want publish an editorial applauding Obama, but you get the point.

      A corporation, where there is NO individual in play, should not have any of these rights, because they are not a person, ergo, how can they have any fundamental rights?

      A corporation, instead, is a legal entity created and defined under the US law. It can simplify the ownership of holdings, properties and patents as well as managing finances(yeah. I greatly simplified it, but again, you get the idea.)

      Beyond that, it is as real as my perpetual motion machine. I have no problems placing legal restrictions on the financial "donations" of this legal entity to candidates. Their business practice alone should make me want to get behind whatever message/candidate they are pushing. I don't need them paying so much money that I can't turn on the TV without hearing "Obama this. Pelosi that!".

      PS. For unions, just add "membership restricted/compelled membership" to the definition of a corporation.

      --
      import system.cool.Sig;
    20. Re:Bad, bad news by jimbolauski · · Score: 0

      I'm sure many corporations would gladly give up free speech if they were not taxed like individuals.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    21. Re:Bad, bad news by RingDev · · Score: 1

      The constitution doesn't give you, or a business formed by you and a friend, any rights. The constitution is there to limit the government's ability to take those rights away. Being able to buy a newspaper advertisement or broadcast an advertisement isn't something that the goverment should be able to prevent you (or the company you've formed) from doing. Likewise for labor unions, advocacy groups, churches, scouting troops, bowling leagues, open source code projects, or anyone else.

      If your purchasing of that advertisement threatens the fundamentals of democracy, than it is absolutely the purview of the government to limit such purchases.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    22. Re:Bad, bad news by FooAtWFU · · Score: 5, Insightful

      That doesn't sound like a complaint against corporations, it sounds like a complaint against the Republican and Democrat political parties. Especially the incumbents.

      And there's a reason that the thing was nicknamed the McCain-Feingold Incumbent Protection Act.

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    23. Re:Bad, bad news by Anonymous Coward · · Score: 0

      "Plain readings" of legal matters, the Constitution included, are rarely accurate. There's a reason that "strict constructionists" are rare, and why their tirades usually end up with educated colleagues drifting off into more academically rigorous daydreams.

    24. Re:Bad, bad news by truthsearch · · Score: 1

      The argument isn't over the first amendment, it's over who or what is to be protected by the first amendment. If you don't mind revoking personhood from corporations, then you shouldn't mind revoking the rights of corporations.

    25. Re:Bad, bad news by ScentCone · · Score: 1

      If your purchasing of that advertisement threatens the fundamentals of democracy, than it is absolutely the purview of the government to limit such purchases

      Straw man argument. Are you suggesting that libelous ads or slander are somehow now protected because they are bought/run by a labor union or group of people that have formed a company? How does free (non-libelous, non-fraudulant) speech threaten democracy? I can, though, think of a lot of ways that silencing speech does that.

      --
      Don't disappoint your bird dog. Go to the range.
    26. Re:Bad, bad news by Anonymous Coward · · Score: 0

      Hear, hear! It's hard to imagine that an individual has rights, but those people lose their rights when they work together as a business or union. There is no danger in letting everyone, and every group of people, contribute to campaigns as long as those contributions are made public. the only alternative is the spectre of government financing of campaigns. If you want to see a real conflict of interest, think about the idea of the government giving money to the people who are vying to run that government. Scary thought!

    27. Re:Bad, bad news by jfengel · · Score: 1

      Yes, but their intent is to make money, not to skew the agenda in favor of that media organization itself. Newspapers (reputable ones) point out conflicts of interest (when they're reporting on stories that are relevant to themselves as corporations.)

      For-profit news-gathering means that you end up with a lot of entertaining fluff in places you'd rather have news, but it doesn't affect a political agenda.

      The problems come when a news organization decides that it would rather promote a political point of view than its own bottom line, and uses the supposed objectivity that an independent press is perceived to have to its advantage. Such things can be difficult to spot, though: biased news is also more entertaining (everybody loves to have their biases played to) and catching them in the act of being biased-for-political-ends rather than biased-for-pandering is a challenge.

    28. Re:Bad, bad news by amRadioHed · · Score: 1

      I'm always amazed at how many misguided people think their rights come from the government. That explains a lot about why statists like Pelosi and Reid think they have so much more traction than they really do. Don't give it to them, now matter how much you want the government to be your Nanny.

      And on the other side of the aisle, it explains why almost the entire Republican party thinks our government can ignore due process when dealing with "terrorists".

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    29. Re:Bad, bad news by iLoveLamp · · Score: 1

      What this will lead to is Joe Republican receiving a billion dollars from Exxon the likes to open up all offshore / back yard oil drilling and Bobby Democrat receiving a billion dollars from UAW and the likes to unionize everything even down to the family in your own home. There will be no incentive what-so-ever to listen to the guy who donates his $20 in hopes his voice is heard. Now you must have Billions. The next election will cost a hundred billion dollars. Save your money because they don't need it. Basically they just legalized all the under the table dealings corporations and politicians have been doing for years. They have no reason to hide it now. Want some sort of regulation on the banking corporations? Not likely now. Mega banks will pump a quarter years of profits into getting a handful of senators elected to help pass a bill that busts the industry wide open. Your opinion won't matter nearly as much as the shareholders. It's been this way for a while, but now there is nothing standing in any mega corporations way. What worries me is will this lead to the Great Corporation war of this new decade. I've had an uneasy feeling in my gut for a while, and I quit eating White Castle years ago. This roll back only confirms my negative feelings. Imagine how much FUD can be bought for billions of dollars.

    30. Re:Bad, bad news by ScentCone · · Score: 0, Troll

      Yes, it's much better if we let the earlier poster continue to propogate the notion that we have no rights unless we get them from Nancy Pelosi. That's a much better idea.

      --
      Don't disappoint your bird dog. Go to the range.
    31. Re:Bad, bad news by dpilot · · Score: 1

      Don't forget that these same "conservatives", whose critics you have criticized, also are telling us that "Nowhere in the Constitution is there an enumerated right to privacy." I also wish that some "Strict Constructionists" (Exactly what's written, no more, no less) would take a walk over to the Jefferson Memorial and read some of his thoughts chiseled onto the walls there.

      --
      The living have better things to do than to continue hating the dead.
    32. Re:Bad, bad news by jfengel · · Score: 1

      And by explicitly circumscribing what governments may not do, they implicitly give the government the right to do everything else.

      Fortunately, the Supreme Court has generally taken very expansive views of the rights in the Bill of Rights (it's still called the Bill of Rights, regardless of the language in the amendments). That has generally been good for freedom, though in this case it misses that one of the key goals of government is the "general welfare". And the general welfare is not served by allowing the rights of one group of people to trample over another, simply because the one group has more money or influence.

    33. Re:Bad, bad news by ScentCone · · Score: 1, Insightful

      And the general welfare is not served by allowing the rights of one group of people to trample over another, simply because the one group has more money or influence.

      How is a campaign donation a trampling of someone's rights? What is a person being blocked from doing because someone else has made a publicly viewable campaign donation? Be specific.

      --
      Don't disappoint your bird dog. Go to the range.
    34. Re:Bad, bad news by AliasMarlowe · · Score: 5, Insightful

      I'm sure many corporations would gladly give up free speech if they were not taxed like individuals.

      Corporations are taxed like individuals? That's a good one!
      Can an individual deduct all of his/her operating costs from income before tax? If so, expenditure on food, accommodation, and utilities would be deductible just like corporate office rentals and utilities. You'd be declaring only the $20k you can save/invest as taxable instead of most of your $100k gross income. A 40% rate on that "surplus" income would not hurt so much...

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    35. Re:Bad, bad news by warp1 · · Score: 1
      ScentCone, I believe it goes much deeper than that. Most of these people don't even know what form of government we practice here in these United States of America.

      The American Form of Government

    36. Re:Bad, bad news by Delwin · · Score: 1

      They already aren't taxed like individuals. Individuals pay tax on gross not net.

    37. Re:Bad, bad news by jollyreaper · · Score: 4, Insightful

      The constitution doesn't give you, or a business formed by you and a friend, any rights. The constitution is there to limit the government's ability to take those rights away. Being able to buy a newspaper advertisement or broadcast an advertisement isn't something that the goverment should be able to prevent you (or the company you've formed) from doing. Likewise for labor unions, advocacy groups, churches, scouting troops, bowling leagues, open source code projects, or anyone else.

      If money = speech, that means I'm at the back of the hall shouting to be heard while the guy with the bucks is up on stage with the sound system from Disaster Area drowning me out.

      Saying that a mutli-billion dollar corporation should have full access to those resources in shaping public opinion and that I'm perfectly free to shout back and that this is all fair, that's like saying 30-something me has the right to put my fence five feet into my 70-something neighbor's yard and if he has a problem with that he can challenge me to a fight. That's completely inequitable. This is just formalizing the inequality we already have in the legal system where a corporation may be completely in the wrong on a given topic but it will take me five years of lawsuits to prove it out in court and I'll go broke in the process. That may be legal but it's not fucking right!

      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    38. Re:Bad, bad news by ak3ldama · · Score: 2, Informative

      How is a campaign donation a trampling of someone's rights? What is a person being blocked from doing because someone else has made a publicly viewable campaign donation? Be specific.

      Having their voice heard by their "representatives."

      --
      "but money is the God of Algiers & Mahomet their prophet." - Rich. O'Bryen June 8th 1786
    39. Re:Bad, bad news by jellomizer · · Score: 0

      What do you think Union Dues are for... It was supposed to be for Paying people in case of a strike... However when there is a strike they rairly pay people.

      The only difference between a For Profit company and a Not For Profit is that For Profit call the money they make as Profit. NFP call the money they make as excess revenue.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    40. Re:Bad, bad news by ATairov · · Score: 1

      So where do rights come from, exactly? Ownership, for example, is clearly a social construct based on mutual agreement that someone should possess control over a resource. (After all, if ownership isn't control over something, what is ownership?) The resources themselves don't care who "owns" them, nor does the world/universe itself have some sort of meta data tag saying "This rock is ScentCone's rock." Where do your rights come from? Surely, they must come from somewhere -- but I have yet to have a "libertarian" give me a satisfying explanation why rights aren't just proxies for Utility, and thus subordinate to Utility.

    41. Re:Bad, bad news by Anonymous Coward · · Score: 0

      So The Conservatives get huge funding from Corporations and jesus freaks.

      The Democrats get huge funding from Corporations and Unions.

      Fixed that for you.

      Fixed again.

    42. Re:Bad, bad news by iceborer · · Score: 3, Interesting

      You are correct, but the GP talked about corporations which are creations of law (passed by our government) and not of simple association like the simple business you describe. These laws specifically give advantages to corporations and other legal entities which would not exist outside the law (again, passed by and enforced through our government). The greatest of these is, of course, the limitation on pass-through liability for acts of the corporation to its shareholders/owners. Nowhere in the Constitution is the right to create such entities explicitly given to the government, yet many folks seem to think their existence is just fine with them as is the shield from liability afforded to their owners (which is contrary to our legal notions of personhood and legal responsibility). I'm fine with unlimited corporate contributions to political candidates so long as the government does not provide a protected status to corporations. Feel free to form business associations. but understand that each of the members of these associations will be fully, personally liable for all actions and debts of the association. What's that? Without protection from liability there will be no corporations? Fine by me. Until that point, entities whose existence is solely a matter of law should realize that the law can constrain as well as benefit them.

    43. Re:Bad, bad news by Bartab · · Score: 1

      Corporations do not have the constitutional rights of citizens.

      Nor do corporations act. People act. Those people have constitutional rights of citizens. Including the use of resources they control for political speech.

      --
      Any sufficiently advanced technology is indistinguishable from a rigged demo.
    44. Re:Bad, bad news by natehoy · · Score: 1

      Corporations exist to separate the individuals from the corporation for liability reasons. The concept of the "corporation as individual" was to make up a collective "person" so anyone suing the corporation would not need to sue the individual shareholders of that corporation for their individual responsibility for damages. It protects the shareholders of the corporation. In return, since the corporation is now seen as a separate legal entity, its income is taxed before proceeds are distributed to individual shareholders.

      Incorporation was not originally intended to give corporations the same rights as individuals. It was intended to help ensure continuity of the corporation, and to separate the liability of the corporation from the income to reduce risk to people investing in that corporation.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    45. Re:Bad, bad news by commodoresloat · · Score: 1, Flamebait

      What the fuck? You're the only idiot who mentioned Nancy Pelosi.

    46. Re:Bad, bad news by Actually,+I+do+RTFA · · Score: 1

      The constitution is there to limit the government's ability to take those rights away. Being able to buy a newspaper advertisement or broadcast an advertisement isn't something that the goverment should be able to prevent you (or the company you've formed) from doing.

      I would object, first and foremost, to your blurring between a citizen (who has rights inherently) and a corporation (which gains rights from somewhere... namely government). I think you'd be hardpressed to explain why a government sponsored institution (all corporations) should be allowed to do what a government cannot.

      To go further, a corporation is supposed to maximize profits. Therefore the money spent on a campaign has to get a ROI. Doesn't that make it a bribe?

      Don't give it to them, now[sic] matter how much you want the government to be your Nanny.

      I want the government to ensure that when I go buy a hamburger at a truck-stop while driving cross-country, I don't get food poisoning and sick. (Pre-empting the reductio ad absurdum argument, obviously there is a reasonable effort for a reasonable assurance that I want. I do not want or expect perfection.) This resturant serves only for cross-country drivers, so their reputation doesn't suffer. Given the high costs of a lawsuit, and my time spent on it, I doubt I would try a civil suit. So what disincentive can we place upon this business, other than only eating at McDonalds with its deep corporate coffers and world-wide reputation. Or can I not eat a hamburger without a corporation providing 20 references?

      --
      Your ad here. Ask me how!
    47. Re:Bad, bad news by ak3ldama · · Score: 1

      By the way: It leaves in place a ban prohibiting corporations and unions from directly contributing funds to candidates for any use. Try to RTFAs next time. We are talking in specific about a corporation/union funding a political advertisement - and only on places appropriate. The internet is still free reign.

      Strongly disagreeing, Justice John Paul Stevens said in his dissent, "The court's ruling threatens to undermine the integrity of elected institutions around the nation."

      Sorry for my antagonizing tone but this is a serious matter that I hate when some people take lightly.

      --
      "but money is the God of Algiers & Mahomet their prophet." - Rich. O'Bryen June 8th 1786
    48. Re:Bad, bad news by SETIGuy · · Score: 1

      You may not have noticed, but the Republican and Democratic (not Democrat, ya asswipe) parties are owned by corporations. Should any party rise to replace one of them, it would quickly be purchased.

      The Constitution was designed, in part, to protect the people from the government. The founding fathers, remembering the East India Company, among others, were quite aware of the dangers of companies controlled by the government. I don't think they were fully aware of the dangers of a government controlled by companies.

    49. Re:Bad, bad news by randyest · · Score: 0, Troll

      He's just way ahead of you and understands your argument even better than you do, and has thought it out far futher. Don't worry, you'll catch up, and when you do you'll be happy to know that full proper refutation has already been provided in advance -- so no waiting for you!

      --
      everything in moderation
    50. Re:Bad, bad news by SETIGuy · · Score: 1

      I don't think, at that time, there had ever been a company powerful enough to fully control a government. I also don't think that the founding fathers considered money to be synonymous with free speech. I don't think any of them would have considered guaranteeing free speech as an equivalent to guaranteeing the right to bribery.

    51. Re:Bad, bad news by ArsonSmith · · Score: 0, Flamebait

      My rights come from the end of my shotgun. Go ahead and try to take my property.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    52. Re:Bad, bad news by dgatwood · · Score: 5, Insightful

      This isn't about campaign contributions. Companies are still banned from doing that; the court upheld that provision. The Supreme Court overturned the part of the law that made it illegal for companies to spend money for their own political ads similar to what PACs do.

      So basically, the court said that corporations run by a handful of individuals can spend arbitrary amounts of money on advertisements. The problem with this is that it is almost impossible for any legitimate political organization to achieve the same level of political influence as a result. Groups like PACs are nonprofit organizations. Therefore, they cannot feasibly raise money on the same scale as a public corporation can. Thus, this decision gives the people in charge of corporations the power to spend money on a scale that completely overwhelms the spending that any group of people dedicated to any cause can possibly hope to achieve no matter how well organized, no matter how many people join the group, etc. And because it is almost impossible to pierce the corporate veil, no matter how sleazy, unethical, etc. the ads become, the corporate leaders who put them together cannot be held personally accountable, unlike actual groups of individuals working together for a common cause.

      In effect, this change puts control of the government firmly in the hands of the wealthiest individuals with no oversight whatsoever. It's sobering to realize that after years of Congress and the White House wiping their backsides with the Constitution, we now have a judicial branch that is willing to do the same.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    53. Re:Bad, bad news by Galestar · · Score: 1

      And by explicitly circumscribing what governments may not do, they implicitly give the government the right to do everything else.

      I would suggest you read the http://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_States_Constitution Which reads;

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

      or in the words of the Virginia Ratifying Convention:

      That those clauses which declare that Congress shall not exercise certain powers be not interpreted in any manner whatsoever to extend the powers of Congress. But that they may be construed either as making exceptions to the specified powers where this shall be the case, or otherwise as inserted merely for greater caution.

      --
      AccountKiller
    54. Re:Bad, bad news by Bob9113 · · Score: 1

      The constitution doesn't give you, or a business formed by you and a friend, any rights. The constitution is there to limit the government's ability to take those rights away.

      On the level of persons (not fake persons, real ones -- that arrived via a birth canal), you are correct.

      On the level of businesses, you are incorrect.

      Business charters (and union charters, and lobby articles of organization, etc) are all legal documents. They are constructs of, by, and for the people. They exist to serve us. They are not people. Their right to engage in trade is granted by us, through the government. The money they use for trade is a fiat of our government, authorized by us. Their right to engage in barter is severely restricted, because the dollars enable us to monitor them. Their trade is regulated. And most of all: They are not people.

      Here's a simple test for their person-hood: When you dissolve a union (or corporation, or lobby), have you committed murder?

      No? Then they are not poeple.

      I love corporations (and I have a grudging acceptance for unions, and I despise lobbies). I think they are tremendously valuable constructs of a somewhat flawed attempt at free market economics which I believe still holds the hope of being the envy of the world (though I think we are on the wrong course at the moment). Corporations are great. But they are not people.

      We The People come first. We the people, arrived on this Earth via birth canal, have rights. We choose to give up a small portion of our liberty to institute governments, which are our servants, not our masters. The government charters corporations, creates fiat money, and regulates trade. Freedom from government belongs to We The People. Corporations do not have rights. They don't have the right to life, liberty, or pursuit of happiness. If a corporate raider attacks a corporation, slaughters it, and sells the meat for profit, he has done nothing wrong. Corporations are not people, and they have no rights.

    55. Re:Bad, bad news by Myrv · · Score: 2, Interesting

      But a corporation is merely a construct of government. Every right that a corporation has should therefore be at the behest of the government. The government grants a corporation certain tax benefits and protections and in return can limit certain activities (such as politicking). If the corporation doesn't like this there is nobody stopping them from running their business as sole proprietorship (or partnership or whatever). Of course doing so opens them up to liability (among other things) but those are the risks you have to take if you want all the privileges of a person. In this case the corporations want all the privileges of a person while sharing none of the responsibilities.

    56. Re:Bad, bad news by SETIGuy · · Score: 4, Insightful

      How does free (non-libelous, non-fraudulant) speech threaten democracy?

      You didn't apparently see the hour long "documentary" that was the subject of this case. It was both libelous and fraudulent.

      Unfortunately the courts have decided that speech for political purposes can be both libelous and fraudulent without limit or recourse.

      If that weren't the case, wouldn't people claiming Obama falsified his birth certificate (definitely libelous and fraudulent) be held responsible for their lies? Wouldn't people that claimed Hillary Clinton either had Vince Foster killed, or pulled the trigger herself be in hot water. Wouldn't Rush Limbaugh be in trouble for claiming that Obama was siphoning off Haiti donations into his campaign funds? No, in this country you can lie about anything as long as it's political.

    57. Re:Bad, bad news by Capt_Morgan · · Score: 0

      What is it with this site? +5? Ok, you are certainly correct about the rights of CITIZENS... but you are WAY wrong when it comes to legal entities like corporations. Corporations are NOT natural entities like people and are nothing more than legal constructs... they have NO natural rights outside of those granted by the government. Please go back to high school and review your civics

      --
      It takes a big man to cry, but it takes a bigger man to laugh at that man.
    58. Re:Bad, bad news by ATairov · · Score: 1

      What you're saying implies rights come from force. That would disagree with ScentCone's statement that rights don't come from government.

    59. Re:Bad, bad news by phantomfive · · Score: 4, Informative

      Or on the other hand, we might reason that regardless of the sophistication of their reasoning, it must have some (perhaps hidden) flaw, because of the conclusions they've reached. (I.e., that corporations have free-speech rights that are so sacrosanct that they can legally de facto buy legislation). I'm not exactly sure what options this leaves us, shy of revolution. Which despite the bravado we often exhibit on this site, would have tragic consequences in terms of lost or ruined lives of innocent persons.

      The solution in that case is the same: if the constitution is so unclear on a certain point that through sophisticated reasoning it can come to a point that none of us like, then the solution is to amend the constitution so that the constitution IS clear, and there is no disagreement. My understanding is this exact thing happened with the 14th Amendment. There was a complicated court case that concluded slaves have no protection under the constitution, and then the 14th amendment was enacted to make sure they do.

      --
      Qxe4
    60. Re:Bad, bad news by cgenman · · Score: 1

      I, for one, welcome the move to the full ratification of corporations into citizenship. And as soon as that happens in a full and legal sense, I'm incorporating myself, and my corporation is robbing a bank. As a sole shareholder, I'm sure that will reap a pretty good dividend and great ROI, before dissolving the company under the weight unexpected criminal charges against it. I'll visit that corporate charter every month as it learns its lesson for 10 - 20.

      A corporation is a legal entity with specific rights and restrictions placed upon it. It has specific reporting requirements if the number of shareholders exceeds a certain amount, other tax and specific liabilities, and specific ways that it can and cannot treat employees. Further, it is required to have a board of directors and elect a set of officers, all of whom are required to do what is in the best financial interest of the shareholders. By law, corporate boards are not free to do things which run counter to the business's interest, or else they open themselves to shareholder liability. They're not humans, they're not free, they're already specifically restricted.

      And if you don't like it, OPEN A SOLE PROPRIETORSHIP. That way you're not beholden to stockowners's rights, reporting responsibilities, and certain other behavioral boundaries. Wait, you want access to easier funding sources and don't want to be 100% liable for all debts incurred by your creation? Well then form a corporation, and accept certain limitations. The founding executives of the companies chose this structure with eyes wide open.

      It's a legal construct to fit specific needs of business. There are other legal constructs that exist to fit a reasonable need to lobby and inform without unduly influencing and creating dependencies upon said entity. There are also legal constructs specifically created for the needs of getting elected. There are also legal constructs specifically created for the needs of two people to partner up for life and reproduce, but you don't see a marriage itself trying to open a genetics research lab and claim the two constituent members as independent contractors.

    61. Re:Bad, bad news by Anonymous Coward · · Score: 0

      Yes, but their intent is to make money, not to skew the agenda in favor of that media organization itself. Newspapers (reputable ones) point out conflicts of interest (when they're reporting on stories that are relevant to themselves as corporations.)

      For-profit news-gathering means that you end up with a lot of entertaining fluff in places you'd rather have news, but it doesn't affect a political agenda.

      The problems come when a news organization decides that it would rather promote a political point of view than its own bottom line, and uses the supposed objectivity that an independent press is perceived to have to its advantage. Such things can be difficult to spot, though: biased news is also more entertaining (everybody loves to have their biases played to) and catching them in the act of being biased-for-political-ends rather than biased-for-pandering is a challenge.

      Think again. If I have a big chunk of a multi-hundred billion dollar industry, what do I care if I lose $10 Billion over a decade to crush dissenting opinions, if that means my $100 B becomes just $120 B? If a few honest reporters get fired and corruption increases as a result, what do I care? I have multiple homes in multiple communities and a private jet to get between them.

    62. Re:Bad, bad news by Scooby+Snacks · · Score: 1
      Corporations are possible only because of laws enabling their creation. Why, then, is it wrong that they be regulated by the same mechanism that allows for their existence?

      People are different because they exist independently of laws.

      You may point out that corporations are comprised, principally, of groups of people, and you'd be right, but they have more power than do individuals, primarily because they have more money than any person could hope to amass. When you combine this greater power with limited liability and other special rights that are allowed them, it becomes quite obvious that it is entirely appropriate to restrict their behavior.

      --

      --
      Runnin' around, robbin' banks all whacked on the Scooby Snacks...
    63. Re:Bad, bad news by IndustrialComplex · · Score: 2, Insightful

      Really?

      "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

      Of course, that isn't really followed, but just because it isn't followed doesn't mean that what the government is doing is right either.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    64. Re:Bad, bad news by jmorris42 · · Score: 4, Insightful

      > And by explicitly circumscribing what governments may not do, they implicitly give the government the right to do everything else.

      Not quite. After painstakingly spelling out a carefully enumerated list of what the federal government could do, they for good measure spelling out a list of things it could not do they went one final step farther and added the 9th and 10th Amendments saying that everything not explicitly permitted was forbidden. Three layers of clearly spelled out rules intended to protect against the crap we have now and the Progressives wiped their asses on the lot of it and replaced the rule of law with the rule of great (in their minds) men. The Founding Fathers, who were truly great men, knew enough to know that NO man could be entrusted with the sort of power every member of Congress now wields (illegally) and forbade it to themselves and to the current generation.

      --
      Democrat delenda est
    65. Re:Bad, bad news by IndustrialComplex · · Score: 1

      How is a campaign donation a trampling of someone's rights? What is a person being blocked from doing because someone else has made a publicly viewable campaign donation? Be specific.

      When a politician's means of becoming elected (money) is provided by a sole source, and is stable over a long enough period (their career), provided that the politician does what the provider wants, then what incentive does the politician have to listen to anyone else?

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    66. Re:Bad, bad news by jmorris42 · · Score: 1

      > Don't forget that these same "conservatives", whose critics you have criticized, also are telling us that "Nowhere in the Constitution is there an enumerated right to privacy.

      That is because it isn't there. But the Founders were wise enough to provide for such a problem arising. Propose an Amendment. If a right to privacy is really a no brainer you should have no problem proposing wording that will quickly secure the votes to ratify it. Hint, it is harder than you apparently believe to write such a thing without obviously bad side effects.

      --
      Democrat delenda est
    67. Re:Bad, bad news by ScentCone · · Score: 1

      When a politician's means of becoming elected (money) is provided by a sole source, and is stable over a long enough period (their career), provided that the politician does what the provider wants, then what incentive does the politician have to listen to anyone else?

      Who cares? All he needs is competition that points out how non-representative that relationship is, and enough voters who agree. The one-track-mind politician goes away. The person who just lost the Senate race in Massachusetts was on the receiving end of tons of focused campaign cash, and emergency panic landing by Air Force One in her race, and the all-out attempts by her party's political machine to give her the seat that her party's have-it-for-life predecessor had for decades. A guy with much less cash but with a better message and some hustle pointed out the substantial differences between them, and she lost. That's the incentive.

      --
      Don't disappoint your bird dog. Go to the range.
    68. Re:Bad, bad news by RingDev · · Score: 1

      Straw man argument. Are you suggesting that libelous ads or slander are somehow now protected because they are bought/run by a labor union or group of people that have formed a company? How does free (non-libelous, non-fraudulant) speech threaten democracy? I can, though, think of a lot of ways that silencing speech does that.

      I am making 2 arguments:

      1) The Constitution applies to the government and people of this country (and in theory at least, all people). Corporations are not a person, and thus receive no such guarantees. Or do you feel that every corporation should be allow to vote as well?

      2) The ability of a corporation to pool it's resources to acquire a dominant share of political advertising can sway the opinion of the people based solely on the mass of their communications. It is the same reason that there is the on-going campaign finance reform bill. The goal is to get big money interest groups out of election campaign funding.

      I would also take offense at the assertion that political advertisement are non-libelous nor fraudulent. Politicians and those groups that support them have long been able to flirt with the edge of illegal speech knowing that if their opponent were to sue them for libel, slander, or defamation that the press would eat them alive. The old LBJ quote, "I know that, but I want to hear the SOB deny it."

      IF political advertisements were limited to explicitly provable truths, and whole truths, AND the people of a corporation could be held criminally liable for the transgressions of that corporation, then sure, have at. But that is not the reality of the situation.

      This ruling effectively opens the door for more big money interests to get in the door. How long until our representatives start wearing patches to show who funds them, like race car drivers? Although, I would get a chuckle out of hearing the speaker of the house introducing "Senator John Viagra Boehner" and "Senator Harry Walmart Reid"

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    69. Re:Bad, bad news by Anonymous Coward · · Score: 0

      True that. We tried quasi-fascism back in the day, and found out we didn't like it much. Finally fixed it in the 30's, and now the Supremes seem to have forgotten why we did that. Those who forget history are doomed to repeat it I guess. I really don't see a good side to this.

    70. Re:Bad, bad news by Hatta · · Score: 1

      Which, when you think about, it is a terrible idea. If shareholders were responsible for the actions of the companies they invest in, they'd be a lot more careful about what they invest in, and corporations would get away with less evil.

      --
      Give me Classic Slashdot or give me death!
    71. Re:Bad, bad news by sconeu · · Score: 1
      The Tenth Amendment is also relevant here:

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

      GPP (jfengel) writes:

      And by explicitly circumscribing what governments may not do, they implicitly give the government the right to do everything else.

      So, they also explicitly circumscribed what the US government may do.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    72. Re:Bad, bad news by Anonymous Coward · · Score: 1, Informative

      They aren't saying those things. They are just asking questions that imply those things. I hope people get as fed up soon.

    73. Re:Bad, bad news by dpilot · · Score: 1

      Then you need to read the end of the Bill of Rights and some of the founders' musings...

      The Bill of Rights, and the Constitution, for that matter, were explicitly never meant to be enumerations of our Rights. We are supposed to have ALL rights, except that which the Constitution takes for the federal government and the States take for themselves. There were founders who disapproved of the Bill of Rights because they feared that it would be taken as an enumeration and limitation of peoples' rights.

      Plus I have to go back to your statements, "The constitution doesn't give you, or a business formed by you and a friend, any rights. The constitution is there to limit the government's ability to take those rights away."

      The Constitution and the Bill or Rights are a snapshot in time, reflecting their interests, experiences, and priorities. I have a feeling that if they were writing such in today's world, privacy would be right up there, and they'd distrust corporations as much as they distrust government. Both are assemblies of people that can be so large as to have only marginal accountability.

      --
      The living have better things to do than to continue hating the dead.
    74. Re:Bad, bad news by Anonymous Coward · · Score: 0

      I guess we know which side of the fence you're on...

    75. Re:Bad, bad news by Anonymous Coward · · Score: 0

      Free press is in there because, before the revolution, you'd get cracked down on even for giving away leaflets for free.

      If free "speech" is taken completely literally, it has too short a range to be effective. Putting free press in there automatically made it extremely hard to weasel word your way into saying text isn't speech. Free assembly is in there for similar reasons; try spreading radical ideas if you're only allowed to meet in groups of three.

    76. Re:Bad, bad news by bloobamator · · Score: 1

      Yes you are correct. Rights are protected by the Constitution, not granted. Those same rights are elaborated by the Declaration of Independence and the Bill of Rights, both of which are explicit about the source of our rights: our humanity. So how does your point refute the parent's assertion that corporations should not have the same rights as individuals?

      --
      "Crude and slow, clansman. Your attack was no better than that of a clumsy child."
    77. Re:Bad, bad news by natehoy · · Score: 1

      Agreed. The whole concept of "corporation as a separate entity" is a bad compromise at best.

      Eliminating that concept would make shareholders more responsible in their input into how the company is run, and might keep company sizes under control.

      "Too Big To Fail" should be synonymous with "Too Big To Exist".

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    78. Re:Bad, bad news by Anonymous Coward · · Score: 0

      The constitution doesn't give you, or a business formed by you and a friend, any rights.

      I was up with you until the 'business' bit. A corporation is a legal entity, which exists only because of government-passed laws that permit it to exist.

    79. Re:Bad, bad news by jmorris42 · · Score: 1

      > The Bill of Rights, and the Constitution, for that matter, were explicitly never meant to be enumerations of our Rights.

      You are preaching to the choir, I'm up to speed on the concept of negative liberty and natural law. But I'm saying a 'right to privacy' is a nice sounding idea, but a bitch to codify beyond what was already put in with the right to refuse to testify against oneself and the right to be secure in your person and home, etc. Which is why no right to privacy to enshrined in the Bill of Rights.

      > The Constitution and the Bill or Rights are a snapshot in time, reflecting their interests, experiences, and priorities.
      > I have a feeling that if they were writing such in today's world, privacy would be right up there...

      Ok, great. But the Constitution is DEAD. If you want it to have a new feature you don't just pretend it grew a new Amendment, you actually have to ratify one. Propose one, then we will have something concrete to debate and perhaps you can get it passed. But since the current Congress wipes their asses on special toilet paper printed with the Constitution, you might want to join my team in fixing THAT problem first lest you get your Amendment and then get to watch them wipe their asses with it as well.

      --
      Democrat delenda est
    80. Re:Bad, bad news by Anonymous Coward · · Score: 0

      10th Amendment:

      "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

      It does in fact limit governement to the enumerated powers. That congress has successfully stretched the meaning of the commerce clause out of its original meaning is no reason we should not celebrate when some stretches are slapped down.

    81. Re:Bad, bad news by 517714 · · Score: 1

      Yes. No. Too early to tell.

      --
      The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
    82. Re:Bad, bad news by NeutronCowboy · · Score: 1

      You're barking up the wrong tree. This isn't about whether the constitution gives rights or removes rights. It is about what it means to the democratic process when someone in control of a corporation can marshal all the resources at their disposal to support or oppose a specific candidate. Their influence will be far greater than that of any individual, or even groups of individuals that organized on a political basis.

      Imagine, for a second, the CEO of GE decides to screw his shareholders and board of directors, and to throw a billion dollars at the next campaign cycle. Yes, George Soros, Bill Gates and a few others can already do that. The difference is these people are individuals. The CEO of GE is a fungible position. Anybody (well, anybody with the right connections - see Carly Fiorina) can be CEO.

      I would argue that one of the pre-eminent responsibilities of the government is to ensure that the process by which said government is established isn't subverted.

      --
      Those who can, do. Those who can't, sue.
    83. Re:Bad, bad news by 517714 · · Score: 1

      The reason you or I would come to a different conclusion than SCOTUS is that we would read the Constitution as it was written and have a reasonable understanding of both the letter of the law, and its intent. SCOTUS accepts the idea (unsupported by the Constitution, or any law) that precedent has legal weight, which allows them to come to amazingly bad decisions.

      --
      The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
    84. Re:Bad, bad news by Kohath · · Score: 1

      Presumably, we would also see John Edwards arrested for defrauding voters by lying about being that baby's father.

      Are you saying that would be a good thing?

      I would submit that free speech is better than "recourse". Now "free" means free for everyone, even people performing jobs at for-profit corporations.

    85. Re:Bad, bad news by NeutronCowboy · · Score: 1

      Your problem is that the most significant predictor of success in a race is.... campaign money spent. Single anecdote not withstanding. Massachussets was an aberration, where one side decided it really didn't want to run a proper campaign.

      You will not win every election by just plowing money into them, but you will win far more than you would if you wouldn't have plowed money into them. That's the problem.

      --
      Those who can, do. Those who can't, sue.
    86. Re:Bad, bad news by Anonymous Coward · · Score: 0

      compare numbers, corporations would be drowned out in any major election. You'd have to get down below 1% turnout for their votes to start mattering and if we get to that point, corporations might be the more responsible voters.

    87. Re:Bad, bad news by Anonymous Coward · · Score: 0

      I'm always amazed at how many misguided people think their rights come from the government. That explains a lot about why statists like Pelosi and Reid think they have so much more traction than they really do. Don't give it to them, now matter how much you want the government to be your Nanny.

      I'm never amazed. It is part of a miseducation programme to dumb down the populace. It is much more convienient for government when people perceive that they bestow (and therefore may revoke) rights.

    88. Re:Bad, bad news by ScentCone · · Score: 1

      where one side decided it really didn't want to run a proper campaign

      Right, that's all there was to it. Had nothing to do with the issues, no, not at all.

      Never mind that she was hugely up in the polls right up until her party's leaders announced a couple more attrocious back-room deals on the monstrosity of a bill they were trying to push, and she didn't show any indication of disapproving. And he did. And the polls switched, immediately, to him. That wasn't an abberation, that was substance. And that's all it takes.

      --
      Don't disappoint your bird dog. Go to the range.
    89. Re:Bad, bad news by ScentCone · · Score: 1

      Imagine, for a second, the CEO of GE decides to screw his shareholders and board of directors, and to throw a billion dollars at the next campaign cycle

      That's already the case. It's called "NBC News" and "MSNBC" et al. That's a big part of why Obama got elected. The difference is that a company actually buying political ads or making donations has to go on the record in doing so, whereas GE just spun the news on NBC, just as was done on every other media outlet. Since most of them spun towards the left as usual, you get what you get. Buying ads is an entirely different matter. Because... they're ads. Buying all of the news coverage provided by half a dozen networks requires a lot more effort - though that clearly paid off.

      --
      Don't disappoint your bird dog. Go to the range.
    90. Re:Bad, bad news by nickmalthus · · Score: 1

      Being familiar with the Constitution you would know that it makes no reference to corporations or what legal privileges and entitlements they should or should not have. Corporations are in fact intangible legal entities conjured by the state whose sole function, like Intellectual Property laws, is to promote trade and commerce for the benefit of society. As a civilization we have agreed to a social compact that limits the liability that participants in corporation may incur and in return we all enjoy the benefits that their pooled investments and risks generate. With corporations being artificial entities of the state then certainly in a government of the People, by the People, and for the People the People should be able to define and regulate the legal status of corporations in accordance with their benefit to society. The Constitution explicitly protects the rights of Individuals to freely associate and organize together but those members should not expect and demand special legal entitlements for doing so.

      --
      If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be-T J
    91. Re:Bad, bad news by Anonymous Coward · · Score: 0

      Corporations get all the PRIVILEGES of personhood with literally none of the accountability or responsibility. It isn't the individuals within the corporation whose "free speech" is threatened... its an artificial entity with no moral internals outside of maximize profit.

    92. Re:Bad, bad news by shutdown+-p+now · · Score: 1

      Because most of us who are supposedly bound the the Constitution don't have the time and means to study it extensively while still meeting our other responsibilities.

      One major point of having a constitution in the first place (the other being that it's hard to change) is that it's supposed to be a relatively short document, covering the most fundamental things, and written in understandable language such that everyone who is not incompetent can understand it correctly (unlike laws, which deal with minute details, and therefore have to be written in a heavily formalized language that requires special skills to work with).

      If your constitution does not conform to this definition - if the obvious reading by the majority of citizens of your country disagrees with the interpretation established by the courts - then you really should fix the constitution.

    93. Re:Bad, bad news by forkazoo · · Score: 1

      The constitution doesn't give you, or a business formed by you and a friend, any rights.

      People have inherent human rights which are protected by the constitution. Corporations have no inherent rights because they are constructions of law. Because they are created by law, they can be created with whatever restrictions and permissions one chooses. It's dangerous to assume that a corporation is an inherent entity which has fundamental rights independent of law.

    94. Re:Bad, bad news by DaHat · · Score: 2, Interesting

      So you are calling NBC/MSNBC a disreputable news organization? I knew it!

      Apparently you’ve not been paying attention to how NBC Universal (NBC, MSNBC, (now) SyFy) and others have been pushing the 'green' movement more than the others... in large part to benefit it's parent company of General Electric. ... but as a broader point I'm going to quote from a blog post of a friend of mine:

      When FoxNews reported on NewsCorp, the FoxNews anchor always says NewsCorp is the parent company of this network.

      Likewise, when FoxNews reports on Rupert Murdoch, the anchor says, Rupert Murdoch is the CEO of NewsCorp, the parent company of this network.

      So, when MSNB & NBC reporter discusses Barack Obama, when they talk about Tim Geithner, why do they not say Barack Obama is the President of the United States, a major investor in the parent company of this network?

      When MSNBC & NBC report on the Pay Czar restricting the take-home pay of officials at Citi, Bank of America, and GM, why do they not say that officials at GE, which also was saved from bankruptcy by Treasury backstops, was not impacted?

    95. Re:Bad, bad news by Uberbah · · Score: 1

      That is because it isn't there.

      Other than the entirety of the 4th Amendment, of course.

    96. Re:Bad, bad news by rtb61 · · Score: 1

      That is the real battle, the battle between corporate donations and the idiot box versus volunteers and the internet. It has already been demonstrated who wins that battle, the internet, the catch with those volunteers is they must have policies they believe in, they will not mindlessly cheer from the sidelines in ignorance blindly supporting a political party, that's for the idiot box party (currently the conservatives).

      No amount of money can battle the number of genuine supporters generated by the internet (techinically buying the majority off is an act of futility as it would costs far more than you could ever gain as a result of that corruption). US politics is still struggling to make that shift away from party rah rah, to policy support, from being focused on the President (the administrative), to the Senate and Congress (the law makers). In fact the whole US political system is still locked into the magicians trick of 'look at the hand', the presidency, whilst the trick is being perpetrated on them in Congress and the Senate.

      If the US population fails to get more independents, non-Republicans and non-Democrats, in position in the Senate and Congress, then they will never be able to truly shake things up. Congress and the Senate control the president not visa versa (scrap the B$ presidential veto law for a start).

      --
      Chaos - everything, everywhere, everywhen
    97. Re:Bad, bad news by NeutronCowboy · · Score: 1

      Here's the difference: assuming for a second that your premise is correct (I don't), the news anchors made individual decisions to spin news in a certain direction. There was no overall conspiracy by all media to elect Obama - there was the random aggregation of a lot of individuals just happening to pull in the same direction. That's fine. What's not fine is the head of a corporation directing its resources towards the goal of electing a specific person. That's one person ordering others to influence an election in a specific manner, and probably over their own objections.

      Before you even continue: no, this is not like buying ads or PACs. People join PACs because they agree with the stated goal. They freely organize. People make ads because they're in the business of making ads. Corporations are far more generic than that.

      --
      Those who can, do. Those who can't, sue.
    98. Re:Bad, bad news by NeutronCowboy · · Score: 1

      So you're arguing that the result in NY was also about substance? You're tying specific events to the result while ignoring others. Not to mention that you're completely misrepresenting the poll movements and when they happened. I'll just assume that you're suffering from confirmation bias, and aren't just flat out lying.

      --
      Those who can, do. Those who can't, sue.
    99. Re:Bad, bad news by Anonymous Coward · · Score: 0

      Ever hear of George Soros? It was already like you describe, but one sided.

    100. Re:Bad, bad news by Anonymous Coward · · Score: 0

      Not to defend this decision, but lets take a step back here; this puts the government firmly in the hands of VOTERS, who may or may not be influenced by the marketing.
       

    101. Re:Bad, bad news by Anonymous Coward · · Score: 0

      It's not like the 14th amendment was hard to pass or anything. When there is so much vested interest in the 'way it is', it is hard to change things.

      I doubt you could get 2/3rd of the states to vote on anything.

    102. Re:Bad, bad news by Anonymous Coward · · Score: 0

      No, instead we get Attorneys General who argue that there is no right of habeas corpus, the Constitution just keeps Congress from taking away something that doesn't exist.

    103. Re:Bad, bad news by dgatwood · · Score: 1

      True, but name one election not involving an incumbent or a permanently single-party district in which the winner spent a tiny fraction of what the loser spent.

      Also, you're not thinking maliciously enough. A sufficiently powerful corporation could easily buy up all the free ad time, making it nearly impossible for any other position to be heard at all. In the absence of dissenting voices, how is the public supposed to be influenced by anything else other than the view that is getting all the air time?

      As Lenin is reported to have said, "A lie told often enough becomes the truth."

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    104. Re:Bad, bad news by Anonymous Coward · · Score: 0

      A company or industry (i.e. "Banking" right now) that is targeted in a smear campaign by the White House needs a mechanism to be able to get its' side of the story out there.

    105. Re:Bad, bad news by dryeo · · Score: 1

      There's a whole bunch of rights or maybe a better term is privileges that the constitution gives some people. Things like which people had the right to vote, which people were counted as people and which were counted as 3/5ths of a person, who had the right to run for congress and president, the option to grant copyright come to mind.
      I doubt if they thought of it that they would have added the right of groups of people who may consist of potentially hostile foreigners to have a disproportionate influence on the elections.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    106. Re:Bad, bad news by Anonymous Coward · · Score: 0

      BRAVO!

    107. Re:Bad, bad news by Anonymous Coward · · Score: 0

      However it was by that same 14th Amendment and a court decision which Corporations turned around and got power from the organizations they were in that time period. The leadership at that time didn't foresee their act of benevolence would usher in the age of the corporation, how do you think the senators of now, who are already in corporate pocket books, will fare writing a new Amendment?

    108. Re:Bad, bad news by Anonymous Coward · · Score: 0

      Ah yes, those Founding Fathers... Those bewigged 18th century slaveowners who had magical insight into how to run a representative democracy in the 21st century, technology and all.

    109. Re:Bad, bad news by Anonymous Coward · · Score: 0

      If you voted Republican or Democrat, you are part of the problem.

    110. Re:Bad, bad news by kkissane · · Score: 1

      It also removes the limits on Unions.

    111. Re:Bad, bad news by Anonymous Coward · · Score: 1, Insightful

      If money = speech, why is bribery illegal?

      "I'm not giving that guy money so he'll change his vote, I'm talking to him."

    112. Re:Bad, bad news by Anonymous Coward · · Score: 0

      the constitution states that individuals have inalienable rights. for the first 100 years of our countries existence, corporations did not have constitutional rights. corporations are not mentioned in the constitution. if i start a business, for god sake of course i can do with the profits what i want. but if i want to INCORPORATE, ie seek legal protection from certain consequences, and make it easier to operate, my corporation can and must be limited by what WE THE PEOPLE feel is necessary to maintain civil society. our country, and people like yourself, are sooo far down the road to corporate rule (ie fascism), you have forgotten the difference between a human being and a legal fiction. god save us all. the government can and must be able to protect society from actions of the corporations that government itself licenses to operate. if WE dont like what a corporation is doing, we can force them to stop doing those things under threat of dissolution of their incorporation. sometimes the tin hat wearing basement dwelling libertarian cultists at slashdot really depress me. this is probably the worst blow to the constitution ever. the 5 justices should be impeached and removed for office, and tried for treason, and hanged, and all the republicans who support this tried, and hanged, and the republican party tried under RICO, and fined in civil court for billions of dollars, and their name, and the names of all their minions removed from the annals of history. and as far as im concerned, this is a moderate position.

    113. Re:Bad, bad news by Anonymous Coward · · Score: 0

      You are correct. However it is worth noting that corporations are run by Directors & Officers theoretically accountable to shareholders, and that these D&O's therefore have an incentive to maximize their profits (and therefore their taxable earnings). People have no such incentive and we therefore have the standard deduction. Really just another example of how corporations are not actually individuals and why different laws should apply.

    114. Re:Bad, bad news by Anonymous Coward · · Score: 0

      Are you crazy, I'd ship that $20K off to some tax haven in the Caribbean and pay $0 taxes.

    115. Re:Bad, bad news by Anonymous Coward · · Score: 0

      the unions got a $80 billion secret backroom bonus in Obama's now dead health bill.

    116. Re:Bad, bad news by Anonymous Coward · · Score: 0

      And I'm always amazed at how libertarians think natural right philosophy ended in the 18th century with no further debate. The notion of individual rights came from brilliant men working hard to separate themselves as individuals out from under a monarchy. I'll agree that certain rights are fundamental for a just society, but that those rights don't exist prior to society.

      Indeed, all of your rights come from the government, whether it is through a carefully reasoned and consensual process (of which we in the U.S. are the lucky inheritors), or through an oppressive cultural revolution a la China. Google dislikes the latter.

    117. Re:Bad, bad news by Entropy98 · · Score: 1

      The Founding Fathers knew that there may come a time when the Constitution might need to be changed (like freedom for the slaves, which unfortunately was unfeasible at the time). That's what Constitutional Amendments are for.

      These days the powers that be don't bother with silly, difficult things like passing Constitutional Amendments. Who's got the time to get that kind of massive nationwide majority?

      It's much easier to convince a slim majority of the Legislature or Supreme Court that times have changed.

      Commerce Clause? Whats that? The Commerce Clause is sooo 19th century.

    118. Re:Bad, bad news by HornWumpus · · Score: 1

      All power comes from the barrel of a gun.

      Rights are no different.

      2nd amendment is fundamental.

      That said the only way to stop me from rearming myself (assuming I was first disarmed) is to kill me.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    119. Re:Bad, bad news by Anonymous Coward · · Score: 0

      So 9-11 conspiracy theorists should go to jail or be silenced? There's a difference between asserting some fact that is false about someone (aka He had sex with me) and suggesting a crackpot theory (which, every once in a while, turn out to be true).

    120. Re:Bad, bad news by BoogieChile · · Score: 1

      It may be different in the US, in fact it probably is, but in the country that I'm writing from, political advertising is required by the Broadcasting Services Act to include;

      1. the name of the person who authorised the broadcasting of the political matter; and
      2. the town, city or suburb in which the person lives or, if the person is a corporation or association, in which the principal office is situated; and
      3. the name of every speaker who, either in person or by means of a sound recording device, delivers an address or makes a statement that forms part of that matter.

      http://www.acma.gov.au/WEB/STANDARD/pc=PC_310646

    121. Re:Bad, bad news by Anonymous Coward · · Score: 0

      Yeah, but the "corporation" everyone is harping about, the one they apparently most want to be able to control?

      NRA, if you listen to the news reports in my area.

      That's right, the National Rifle Association, the political action group with, the last I checked ( but that was a few years ago), the largest membership of pretty much any political action group in the US.

      People for some reason thought that the legislation was aimed at "big business" not a conglomerations of individuals banding together specifically for the purpose of having the clout of a few wealthy individuals or business owners.

      Instead, proletarian organizations got the regulatory hammer and GE, the parent company of NBC got to do what it wanted: It was only illegal to rent a media outlet to say what you want for more than a certain amount of time in the three months preceding an election. If you owned one, you could say whatever you pleased for however long you cared to.

    122. Re:Bad, bad news by Anonymous Coward · · Score: 0

      You seem to ignore the fact that the 14th amendment to the constitution came about due to a WAR. Yes, the Civil War in fact -- where many lives were lost. Next time we have a civil war, I'm sure that there will be amendments to the constitution.
      :-)

    123. Re:Bad, bad news by AK+Marc · · Score: 1

      ... Pelosi ...

      Wah. I've never heard anyone say that name who wasn't a newscaster or a nutter, and I don't see a ticker under your name. It's like the Right needs a name to attack. They need a villain. And it doesn't matter who what or why. I'm sure she's a bad person. But if she's as bad as I hear all day long from the nutters, she'd be in jail for eating babies or something. It's gotten to the point that anyone that ever uses that name is looking for cheers from their side.

      And the worst part of it? (other than it works) Is that it only works to make sides. It should be the people working together to take back our rights from the government, but instead we have the nutters (on both sides) working to give more power to the government, but only when their side controls it.

    124. Re:Bad, bad news by AK+Marc · · Score: 1

      Simply disagreeing with a comment is not a valid reason to mark it down.
      --CmdrTaco


      But there is no mod for -1 Wrong. If someone posts "2+2=5" what is the appropriate mod? Someone out there could think that it's true and cause problems, so they "deserve" a negative mod. And so many times it's not about whether you disagree with their opinion, but with their obviously wrong facts. So, how do you mod 2+2=5? +1 funny?

    125. Re:Bad, bad news by kramerd · · Score: 1

      hile I agree that corporations are not taxed like individuals, your reasoning is a ludicrous argument.

      Individuals don't have operating costs. By definition, operating costs are the recurring expenses related to the operation of a business. Corporations do not supply you with food or housing (or if they do, its not deductible as an operating expense).

      On the other hand, if you are making 100k a year, your savable/invest-able income is closer to 75k, not 20k (and only that little if you live in a high rent area). If you gain an additional dollar of revenue, your marginal NI is going to be much higher than most corporations. Once you pay for all of your legal liabilities - the stuff that keeps you alive - rent, heat (not internet and cable) , food (groceries, not restaurant meals 10 times a week), after taxes, you have 40-50k out of your 100k where your marginal NI is 100%. If a corporation makes another dollar, they have more expenses. A corporation will eventually outarn its fixed costs (if they make a profit), but they will never have a marginal rate anywhere close to 100%. In other words, people do not have variable costs. Effectively, the variable costs are what corporations get to deduct from taxable income that individuals do not.

    126. Re:Bad, bad news by An+Onerous+Coward · · Score: 1

      >> And there's a reason that the thing was nicknamed the McCain-Feingold Incumbent Protection Act.

      The reason being, the people who named it are morons?

      The vast amount of money needed to run a political campaign is very clearly a benefit to the incumbent. The incumbent has the war chest. The incumbent has the political connections and the reliable donors, and the power to wield their votes in ways that will attract donations from various industries.

      There are a few people able to overcome that sort of deficit. Meg Whitman intends to spend $100M of her own money to become governor of California. Is her right to spend her money as she likes more important than the electorate's right to have the best candidates rather than those with the deepest pockets?

      --

      You want the truthiness? You can't handle the truthiness!

    127. Re:Bad, bad news by An+Onerous+Coward · · Score: 1

      Yes. Brilliant. Why hasn't anyone else thought of that?

      Do you know how much traction an amendment like that can get, now that the corporations can flood the airwaves to kill any such attempt? It's damned hard to get a constitutional amendment passed. Look at the handful of amendments that we've managed to pass. Most of them are nitpicky stuff, or belatedly ditching anachronisms. An amendment eliminating corporate personhood would, by contrast, have to pass over the now unfettered opposition of every monied interest that there is.

      You can mark yesterday in your calendar as the day that Justice John Roberts and his fellow ideologues lobotomized America's ability to make rational decisions about the governance of this country. Just stuck the knife in and wiggled it around. Now all that's left is to descend into madness.

      America is in its death throes, and the Constitution has become its suicide pact.

      --

      You want the truthiness? You can't handle the truthiness!

    128. Re:Bad, bad news by phantomfive · · Score: 1

      An amendment eliminating corporate personhood would, by contrast, have to pass over the now unfettered opposition of every monied interest that there is.

      Yeah, well, it wouldn't really make much of a difference anyway. People would essentially build up all the same structures by different methods, probably using contract law.

      --
      Qxe4
    129. Re:Bad, bad news by Ihlosi · · Score: 1
      An amendment eliminating corporate personhood would, by contrast, have to pass over the now unfettered opposition of every monied interest that there is.

      Just make a distinction between "natual person" and "legal person" already, like the rest of the civilized world. The former has all rights of the latter, plus some additional ones (voting rights! You really want a fscking corporation to vote?), while the latter has all the rights necessary to do business (contracts, etc).

    130. Re:Bad, bad news by philipgar · · Score: 1

      Uh.. actually, if you run a PERSONAL business, many of these things can be written off if they are BUSINESS expenses. The government chooses not to tax operating costs of businesses, because if they charged revenue and not profit, then it would A) push all businesses to be vertical monopolies (the same reason many governments use VATs and not sales taxes), and B) it would make it ridiculously hard to make a profit in certain low margin businesses. In effect, businesses that operate best under a free market economy (many competitors driving down costs) would be penalized the most under a tax like this. I wouldn't want to imagine the havoc this would wreck on the economy.

      Phil

    131. Re:Bad, bad news by Anonymous Coward · · Score: 0

      Only if you vote based on campaign ads.

      Last I heard, Ross Perot ran a real nice campaign and got elected on the force and power in his long advertisements. Oh wait, the opposite of that.

    132. Re:Bad, bad news by Jason+Levine · · Score: 2, Interesting

      Actually, I think the comparison is valid. Corporations are people (or at least according to SCOTUS). A corporation's operating costs, the "recurring expenses related to the operation of a business", would be things like electricity, equipment, labor, etc. An individual's operating costs equivalent would be recurring expenses related to the operation of a household. If I don't buy food, pay my mortgage, buy clothing, etc, my "operations" grind to a halt same as if a corporation decided to stop paying their workers, skip out on the electric bill and never order another piece of factory equipment again.

      So if the "people" called Corporations are allowed to deduct their operating costs before paying taxes, why aren't the people called Individuals allowed to do the same? Of course the answer is two-fold. First of all, a middle-class individual's taxable income would likely drop by 90%. This would mean a huge loss in tax revenue. For all their talk of cutting taxes, politicians don't *really* want significant tax cuts because they know this would mean spending cuts (which, in turn, would be protested and possibly mean no re-election). Secondly, individuals might contribute to a politician's campaign fund, but most times corporations are the ones who contribute more. If you were a politician facing re-election, would you listen to the person donating $10 to your campaign or the "person" (read: Corporation) donating $10,000?

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    133. Re:Bad, bad news by Anonymous Coward · · Score: 0

      Oh, linky to back up the birth certificate claim please! All I can find is a Certificate of Live Birth from Hawaii, which is not the same thing. I have every reason to believe that that is real. At the time Hawaii would hand one out for any baby under a year old.

      Thanks!

    134. Re:Bad, bad news by one+cup+of+coffee · · Score: 1

      "I'm always amazed at how many misguided people think their rights come from the government."
      People probably think their rights come from the government because without a government we'd have anarchy. Well, that and the thing is called the "Bill of rights."
      What always amazes me are the people of a "conservative" bent who advocate for a small government, but routinely deride "Anarchists" during anti-government protests, and of course, the vise versa of that. No government = anarchy, the smaller the government the closer a society is approaching to anarchy. Somalia is a good example of a place that has very limited government. It's not exactly working out too well for the people who have no choice but to live there. Government can be bad, or oppressive, but in our case, well, up to this ruling anyways, our government was at least mildly democratic, and thus the potential is there for reform. Corporations aren't antidemocratic by nature, but they usually are in practice because they are driven by only one motive, profit.

    135. Re:Bad, bad news by one+cup+of+coffee · · Score: 1

      I agree, the constitution needs to be changed, except now thanks to this ruling, starting a campaign to inform the public, and then amend the constitution will be up against an adversary with unlimited resources, and unlimited time to fight against said change.

    136. Re:Bad, bad news by DavidTC · · Score: 1

      Erm, because one of those is 'parent company' and one of those is 'investor'?

      I mean, it's right there in your own words.

      News corporations do not report that they're reporting on 'their major investors'. They do report that they're reporting on themselves or their employees.

      And GE Capital has not actually taken any taxpayer funds, so reporting on them at the same time as companies that have, in the same context, would be rather irrational.

      GE Capital has simply forced its way into the FDIC program, where it should not be, and that is certainly newsworthy...although I'm not actually seeing any news stations report on that, not just the GE owned ones.

      I suspect it will be rather newsworthy if they go under, though, and FDIC has to pay out because GE Capital lost all their money on bad loans.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    137. Re:Bad, bad news by DavidTC · · Score: 1

      Yeah, the whole 'rich and powerful unions' meme has been a hard one to dispell, so let's just go with it.

      In the real world, all the most powerful union can do is protect itself and its members. (And, yes, sometimes said members don't deserve protecting.)

      Unions barely ever manage to step outside that and actually do anything that would affect anyone else. They influence things things that affect their members, and the companies that employ them, and that's it.

      Compared to corporations, which do things that affect them and their customers.

      I.e., a union might manage to get everyone 30 minute paid breaks every two hours, which is awesome for the union members, and sucky for the company they work for, and that's about it. Anyone who complains how 'powerful' this union is has been brainwashed by corporations. It like some random guy complaining how 'powerful' you are in your marriage compared to your spouse. WTF business is it of his how you divide up the decision making?

      A corporation, OTOH, might lobby to make it legal for them, and their competitors, to slightly poison everyone who buys that sort of product, which has repercussions on essentially everyone.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    138. Re:Bad, bad news by mjwalshe · · Score: 1

      why? share holders have constitutional rights why should they not collectivly as a group not be able to have some rights - that is part of what makes joint stock companies and capitalisam work.

    139. Re:Bad, bad news by Anonymous Coward · · Score: 0

      Only a court has the authority to decide if something is libelous or fraudulent. Protection works both ways; if Obama could go after Rush for making false claims, how would that be different from Bush going after people who made legitimate claims, by using the same pretense, that it's libelous? You can make the claim that these people should be held responsible for saying Hillary Clinton had Foster killed, but the only way to decide that is to send it to court. True or not, it would dig up a bunch of stuff I'm sure Clinton would rather stay in the 90s. What would you prefer, that Obama get involved in a legal tussle with Rush over every little thing? It would be a spectacle and honestly he has more important things to worry about.

    140. Re:Bad, bad news by Areyoukiddingme · · Score: 1

      Wha'? Wtf. A Certificate of Live Birth IS a birth certificate, idiot. That's what mine says on it, and any time I need to produce a birth certificate, that's the piece of paper I use.

      Nearly every state in the union issues birth certificates to babies under a year old, even today. Are you trying to say home birth should be illegal? Reproduction is allowed only in designated state-controlled hospitals? Don't be stupid.

    141. Re:Bad, bad news by dpilot · · Score: 1

      You don't trust the current Congress, I don't trust them or the previous Congress, either. The one thing I'll hand to the current crop of Democrats is that they're generally too inept to do damage at the same rate that the Republicans have. The two groups do damage on different fronts, but it's damage, either way. With both sides, when they're giving you something with the visible hand, you have to watch out for what they're taking away with the hidden hand.

      No, the Constitution isn't dead, it's a base set of absolutes, plus guidance. There is versatile text there that can be reasonably reinterpreted in new circumstances. I'll agree that you can't draw something out of nothing, but there's plenty to say about privacy in the 4th amendment already, for instance. Oh, and the BIGGEST Constitutional crime is none of the above... it's an early 20th century decision that grants personhood to corporations. THAT's drawing something from nothing.

      --
      The living have better things to do than to continue hating the dead.
    142. Re:Bad, bad news by iLoveLamp · · Score: 1

      What is amazing to me is that this is not the biggest news in this country right now. I cannot believe nobody has even brought this up in conversation. It is as if there are other, more important things going on right now. Nobody seems to be paying attention. I'm hearing all about Haiti and the new Massachusetts Senator, but nothing on this ruling. This changes our country for ever if we don't bother doing anything about it. We're lost.

    143. Re:Bad, bad news by dgatwood · · Score: 1

      Yeah. It's nice to know that the companies paying less than 1% interest on savings accounts while charging 30% interest on credit card debts can get their side of the story out. I can see it now.

      ANNOUNCER: These banking CEOs are hurting. You may not see it, but they are hurting inside. Bill had to give up his luxury cruise liner for a smaller luxury yacht. Frank can only fly his corporate jet to business meetings and has to pay his own way to Cancun every weekend. Phil's $500 million bonus was reduced to only $300 million, so he can't afford to have a communist dictator overthrown and replaced by his puppet as he originally planned.

      Cry me a f*cking river. The banks aren't the target of a smear campaign. They've been smearing themselves so badly that nothing the White House could possibly do could make the public's opinion of these dirtbag billionaires any worse. They've wrecked our economy while getting rich at our expense. They've skimmed billions of dollars off the top while laying off their own staff, taking people's homes away, repossessing people's cars with their kids inside, etc. At some point, you simply have to view a corporation as too big, and by its very nature, a threat to public safety. Thus, like yelling "fire" in a crowded theater when there is no fire, the company's freedom is trumped by other concerns.

      Besides, companies do not inherently have a right to free speech. They are already governed by many, may laws regarding false advertising, etc. As soon as speech becomes commercial in nature---and regardless of how political it might be, any speech from a corporation is inherently commercial in nature, IMHO---it has the least protection of any form of speech. That is very much intentional, and that is how it has always been in this country. Corporations inherently have disproportionately more power than normal people, and thus their speech must be limited to prevent them from hopelessly impeding everyone else's freedom of speech.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    144. Re:Bad, bad news by kramerd · · Score: 1

      You are completely wrong, because "person" just means individual legal entity, hence why according to SCOTUS, corporations are "persons". There is in fact a difference between "person" and "human being". Corporations are not human beings, they are people.

      This seems to be a recurring issue with /.
      People don't seem to get that if a word has multiple definitions and one of them does not apply because to do so would be stupid, then use the definition that makes sense instead.

      Corporations and human beings are taxed differently because corporations produce goods and services, whereas human beings use goods and services. Wow, that was probably the first thing that any reasonable person would have determined, instead of trying to say that because you live in a house and corporations rent property for the purpose of conducting business, you should both get to deduct those costs from taxable income.

      Stop being stupid, corporations and individuals get taxed differently because they have very, very different purposes.

      As far as politicians go, they have two kinds of constituents:

      1) Those that are smart enough to realize that polticians are professional liars.
      2) Those that believe the campaign promises that politicians make, and donate money to the ones that they agree with.

      As long as the second type are more prevalent (and trust me, its at least a 10:1 ratio among voters [see, I can also pull numbers out of my ass]), it doesn't matter if we change legal requirements for political candidates to only be CEO's of fortune 25 companies, because people will still believe in the messages of "hope" and "change" time and time again.

    145. Re:Bad, bad news by Anonymous Coward · · Score: 0

      I agree with you that the Constitution and hence the Government does not give us, the people, rights - we already have those rights. The Bill of Rights is there to further enumerate the limits that the government has over we the people. However, corporations are government backed entities - they only exist due to the government's acknowledgement. Thus, I don't see any problems with the government limiting the actions of corporations who owe their entire existence to our governmental structures.

    146. Re:Bad, bad news by ScentCone · · Score: 1

      I think you'd be hardpressed to explain why a government sponsored institution (all corporations) should be allowed to do what a government cannot.

      That corporation (formed by people, without whom it would not exist) can do things the government cannot for the same reasons that individual people (just like groups of them acting in concert) can also do things the government cannot. The constitution is all about the things the government cannot do.

      Or can I not eat a hamburger without a corporation providing 20 references?

      That's exactly why there's a centuries-old tradition of writing travelogs, and having private parties whose reviews you can trust. That's why Consumer Reports and UL have thrived for decades, and why we don't have the Federal Department Of Restaurant Ratings.

      --
      Don't disappoint your bird dog. Go to the range.
    147. Re:Bad, bad news by ScentCone · · Score: 1

      Pelosi ... They need a villain

      I only mention her in that context because she actually is a villain. Mentioning her doesn't make sides, it points out that she's on a "side" that is mendacious, toxic to liberty, and just generally cloying in its Nanny State sensibilities. That "side" on which she sits is what it is. And the majority of the people in the country specifically disapprove of both her position on policies and her legislative tactics. And since she stares in the camera with that creepy unblinking gaze and lies about those exact things, she's a villain. I don't have to apologize for using her name in exactly that way, because I'm actually being generous.

      --
      Don't disappoint your bird dog. Go to the range.
    148. Re:Bad, bad news by Anonymous Coward · · Score: 0

      But what a Certificate of Live Birth in not is a certification of live birth, which is the only thing he has produced so far.

      http://noquarterusa.net/blog/wp-content/uploads/2008/06/bo_birthcert.jpg

      One is quick and easy to get. The other has as much more detail like:

      A physician's signature
      Hospital address
      Parent's signatures
      Parent's DOB/age and parent's place of birth
      Type of birth (single/multiple)
      Footsie prints

      Mine has all of those things and more. I can get a certificate of live birth too, and use it for all sorts of things, but it's not the same as a certification of live birth.

    149. Re:Bad, bad news by Uberbah · · Score: 1

      Presumably, you're a moron to come up with such a comparison - who is Edwards libeling, again?

    150. Re:Bad, bad news by Anonymous Coward · · Score: 0

      Individuals can deduct plenty of stuff too. After all, over a third of people filing taxes don't owe anything.

  3. I for one... by Delwin · · Score: 5, Funny

    welcome our new Disney overlords.

    1. Re:I for one... by polar+red · · Score: 4, Insightful

      Your system already looks like 2 conglomerate's of wealthy men dividing the dough and the sweat of 99% of US' citizens.

      --
      Yes, I'm left. You have a problem with that?
    2. Re:I for one... by 192939495969798999 · · Score: 1

      I can't wait for the state of the union, when the president proclaims that our new greatest priority is to "do the Dew".

      --
      stuff |
    3. Re:I for one... by maxume · · Score: 2, Informative

      Except for the part where 99% is hilariously wrong.

      (Per capita productivity in the U.S., including babies and such, is about $50,000. If 99% of that were being taken away, the average household would be living on like $2,000 a year)

      --
      Nerd rage is the funniest rage.
    4. Re:I for one... by polar+red · · Score: 1

      $50,000? how much of that money do you actually have in your hands, and how much money do you owe to various companies?

      --
      Yes, I'm left. You have a problem with that?
    5. Re:I for one... by maxume · · Score: 1

      The vast majority of productivity is consumed (this has been true pretty much for all of history).

      If you want to complain that Bill Gates is wealthy, go ahead, but you have to concede that the U.S. economy produces the entirety of his wealth in about 1.5 days.

      --
      Nerd rage is the funniest rage.
    6. Re:I for one... by polar+red · · Score: 1

      produces the entirety of his wealth

      but what does that actually mean? what is that wealth? some numbers on a banking account ? and a house and a car that aren't really yours ?

      --
      Yes, I'm left. You have a problem with that?
    7. Re:I for one... by maxume · · Score: 1

      I'm done. You said sweat, which is reasonable to interpret as productivity, and the per capita productivity, measured in dollars really is ~50 thousand, and productivity far outweighs wealth (the entirety of captured human wealth is something less than 1 quadrillion dollars (probably much less), which is somewhere less than 15 years of global economic output).

      And at the moment, a number in a bank account sure is wealth.

      --
      Nerd rage is the funniest rage.
    8. Re:I for one... by CannonballHead · · Score: 1

      so you want to make money and then get goods and services without paying for them? because paying for them is evil?

      What in the world is wrong with paying Safeway for groceries? And why is Safeway at fault for that?

    9. Re:I for one... by Colonel+Korn · · Score: 1

      Except for the part where 99% is hilariously wrong.

      (Per capita productivity in the U.S., including babies and such, is about $50,000. If 99% of that were being taken away, the average household would be living on like $2,000 a year)

      He didn't say that 99% of the money was taken away. He said that the top 1% gets to divide of the wealth of the bottom 99%, and considering the rather ephemeral nature of wealth, it's a valid point. Subtract the cost of living from the income of every citizen and only a very small percentage are left with a substantial positive number.

      --
      "I zero-index my hamsters" - Willtor (147206)
    10. Re:I for one... by maxume · · Score: 1

      I'm sorry, but he said sweat, and in that context, consumption is wealth (we could get into a discussion about necessities vs luxuries, but today's necessities are the stuff of ancient king's dreams, at least in the U.S. and Europe).

      --
      Nerd rage is the funniest rage.
    11. Re:I for one... by polar+red · · Score: 2, Insightful

      And at the moment, a number in a bank account sure is wealth.

      It's just that people have forgotten that money can't replace the goods it buys. Take away all the goods and your money is useless; it was more a philosophical question than critique ...

      --
      Yes, I'm left. You have a problem with that?
    12. Re:I for one... by Anonymous Coward · · Score: 0

      Amusing, but wrong. Since many US companies are controlled by chinese or arab companies (which in turn are really controlled by the chinese gov or arab kings), you should really be welcoming your chinese or arab overlords.

    13. Re:I for one... by DavidTC · · Score: 1

      Um, no one said 99% of their money.

      He said that two conglomerate's of wealthy men were dividing the dough and sweat of 99% of them.

      Is it too much to ask basic reading comprehension here? He at no point indicated how much of the 'dough and sweat' of these 99% were being divided up.

      As long as one dollar (and the corresponding metaphorical sweat) of each person ended up in the pocket of said men, he is correct.

      I personally think that, strictly speaking, he's wrong, because there's more than 1% who don't do any 'sweating' at all, and hence the result of their sweat cannot end up anywhere.

      If that '99%' is changed to '95% or so', and the 'two conglomerate's of wealthy men' was changed to 'a few thousand people', I'd be behind it 100%.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    14. Re:I for one... by maxume · · Score: 1

      I don't think it is so clear that "dividing the dough and the sweat of 99%" was meant to apply to some of their dough and sweat.

      I could argue that I used reading comprehension to make an intended inference.

      And a few thousand probably doesn't work, their are millions of millionaires, and plenty more people who live very well on six figure incomes.

      --
      Nerd rage is the funniest rage.
  4. Not just corporations by wiredog · · Score: 4, Informative

    Unions too.

    1. Re:Not just corporations by Anonymous Coward · · Score: 0

      Hey now, people 'round these parts don't like you bad-mouthing unions.

    2. Re:Not just corporations by Em+Emalb · · Score: 1

      Oh YAY!

      Like the Air Traffic Controllers union wasn't ALREADY spamming the air waves enough with their crap, now we get to hear from all the unions. Good stuff. It's not bad enough we get stupid ads slandering the crap out of whatever goober is running for office by another goober running for office, now unions are gonna weigh in too.

      Just frigging peachy.

      --
      Sent from your iPad.
    3. Re:Not just corporations by EnderWiggnz · · Score: 2, Insightful

      Yes, I'm sure that the Union's will be able to match the corporations contributions.

      Actually, what will probably happen is that Unions will be made illegal after all of the government is bought and paid for.

      *This* is what the second amendment is for. We apparently don't have a working democracy anymore.

      --
      ... hi bingo ...
    4. Re:Not just corporations by RyoShin · · Score: 1

      True, but I'd bet the ratio of "greedy, no good corp":"all corporations" is far higher than "greedy, useless union":"all unions". So while those unions who still strive for their members will get a boost here, that will be overwhelmingly drowned out by corporations hurrying to create ad campaigns for whatever they want.

      However, there is one distinction I find important that is not mentioned in the summary (surprise!):

      It leaves in place a prohibition on direct contributions to candidates from corporations and unions.

      So both corps and unions still can't funnel money directly to candidates, they can basically accomplish everything themselves. While important, it doesn't leave a lot of hope; it's like saying 'Oh, this pile of shit is slightly less pungent than those last 15 piles of shit. Jolly good!' And I find this funny:

      The ruling will lead to a "stampede of special interest money in our politics," Obama said in a statement.

      Because that doesn't already happen, amirite? Then there's this, which is just stupid:

      Roberts, in a separate opinion, said that upholding the limits would have restrained "the vibrant public discourse that is at the foundation of our democracy."

      I don't know about you, but my local corporations have certainly been interested in furthering discord--er, discourse.

    5. Re:Not just corporations by DigiShaman · · Score: 1

      And I love how Corporations and Unions are now intrinsically bound! =) Together they rise, or together they fall. But one cannot be risen above the other out of political favoritism! Hahahaah, I LOVE IT!!!

      --
      Life is not for the lazy.
    6. Re:Not just corporations by jimbolauski · · Score: 1

      Yes, I'm sure that the Union's will be able to match the corporations contributions.

      Have you ever heard of the AFL CIO? In 2000 they spent 4.1 million on federal campaigns.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    7. Re:Not just corporations by nomadic · · Score: 5, Insightful

      Have you ever heard of the AFL CIO? In 2000 they spent 4.1 million on federal campaigns.

      In other words, an organization representing FIFTY SIX different unions and 11 million workers, donated about the same as a single large corporation would? I think you just proved the point you were trying to disprove.

    8. Re:Not just corporations by Anonymous Coward · · Score: 0

      Unions have always been able to take money from their members, without their consent and support, and apply that to what ever political issue (which is to say the Democrats) they deem suitable without restriction.

      Or should some organizations be more equal than others.

    9. Re:Not just corporations by nbauman · · Score: 1

      Have you ever heard of the AFL CIO? In 2000 they spent 4.1 million on federal campaigns.

      I believe the total spent on the 2008 campaign was $1 billion for both parties. Fill in the current numbers. The union share is significant but doesn't come close to corporate spending.

      I was following health care lobbying for a while, and as I recall the health care industry spent at least $100 million on campaign contributions to each party, with more to the Democrats. The financial industry spent another $100 million on each party.

      If any Slashdotter wants to show off, I'd be glad to see links to better statistics.

    10. Re:Not just corporations by Anonymous Coward · · Score: 0

      That sounds like an important thing to consider until you realize that most union leadership in the U.S. colludes with corporate leadership on nearly everything.

      Boss wants to fire five people? He tells his employees that he has to lay off 15. The union reps "negotiate" with the boss, whittling the list down until it includes only the original five. The union declares victory, and the boss' problems are solved.

      Your workers are organized and occupying your plant? Just call the real union - which would never do anything illegal, like a sit-down strike - to come bust their heads. (Look up the UAW's 1973 Mack Stamping action)

      The AFL-CIO is just a more subtle branch of corporate America. The leaders claim to speak for their members, but when push comes to shove, union leadership falls over. The whole point of unionizing is to have collective bargaining, which can't happen if a union has a handful of bosses who don't consult union membership regularly.

    11. Re:Not just corporations by Anonymous Coward · · Score: 0

      Have you ever heard of the AFL CIO? In 2000 they spent 4.1 million on federal campaigns.

      In other words, an organization representing FIFTY SIX different unions and 11 million workers, donated about the same as a single large corporation would? I think you just proved the point you were trying to disprove.

      Not included in $4.1M figure is the AFL CIO contribution of "boots on the ground" which is vastly greater than a mere $4.1M. Unions are run by thugs and routinely violate campaign finance laws anyway (for instance, they are supposed to not spend member dues on partisan political activities and are supposed to allow members to ask for their dues back if the union does engage in a political activity that the member does not support). To paraphrase a well-known political slogan, "When campaign contributions are outlawed, only outlaws will make campaign contributions."

    12. Re:Not just corporations by nine-times · · Score: 1

      What I don't quite understand is, why should the union be able to contribute money at all?

      Each of the workers can contribute money. All 11 million of them can contribute money up to a specific limit. Every person working for the union itself can contribute the same amount of money as you can or as I can. Shouldn't that be enough?

      If not, let's do a little thought experiment. Let's say everyone in the union and everyone associated with the union and everyone who is in a position to direct the unions funds has already contributed up to their limit. Then the union contributes more. Haven't the union members then effectively contributed more than their limit? If it's a freedom of speech issue, doesn't that grant those union members (or whoever is directing that contribution) a greater freedom of speech than I have as an individual? Is that equal protection under the law?

      I guess all men are equal, but some men are more equal than others.

    13. Re:Not just corporations by thePowerOfGrayskull · · Score: 1

      Yes, I'm sure that the Union's will be able to match the corporations contributionsActually, what will probably happen is that Unions will be made illegal after all of the government is bought and paid for.

      I think you seriously underestimate both the influence and affluence of unions. When you have thousands (or more) employees at a given place, and all of them are REQUIRED to tithe to you for the privilege of working... it adds up fast.

    14. Re:Not just corporations by colinrichardday · · Score: 1

      Are corporate shareholders allowed to ask for their dividends back if a corporation engages in political activity that they do not support?

    15. Re:Not just corporations by LynnwoodRooster · · Score: 1

      Uh, the corporation GIVES YOU the dividend. If it's being returned because of their actions, then you're giving it back to them. I'm sure if you're offended by their actions, they'll gladly take your returned dividends...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    16. Re:Not just corporations by LynnwoodRooster · · Score: 1

      I believe the total spent on the 2008 campaign was $1 billion for both parties. Fill in the current numbers. The union share is significant but doesn't come close to corporate spending.

      The AFL-CIO spent $50+ million on the Presidential election, and the AFL-CIO and its affiliated unions planned on spending $200 million on the 2008 elections.

      The unions were the biggest spenders by far, and they were essentially one-sided as well.

      IMHO, if the unions - representing the workers - can donate and target funds for elections, then the corporations - the management - should be able to do so as well.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    17. Re:Not just corporations by mjwx · · Score: 1

      Have you ever heard of the AFL CIO? In 2000 they spent 4.1 million on federal campaigns.

      What exactly does the Australian Football League have to do with US politics.

      Sir, I dare say you should keep your libel to yourself, over here you need to support what you say. For example in the US I can say that jimbolauski is a wanker, in Australia I can say jimbolauski is a wanker and have to prove it.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    18. Re:Not just corporations by AK+Marc · · Score: 1

      If not, let's do a little thought experiment. Let's say everyone in the union and everyone associated with the union and everyone who is in a position to direct the unions funds has already contributed up to their limit. Then the union contributes more.

      Then that makes them no different from a corporation, other than the fact that the largest union in the US contributes less than the equivalent corporation. Again, you are arguing raw power, and not the comparison between a corporation and a union. There's nothing to stop everyone working for a union from giving as well, then that corporation giving on top of that.

      I guess all men are equal, but some men are more equal than others.

      When corporations get any rights at all, then yes. They are groups of people with rights, but to add them together and create new rights and have those controlled by a few does give extra power to some people. The solution is to revert the US stance on corporations. They are granted "person" status only by law, and a change in the law can end that. They were initially created so that an investor with no capability of affecting the daily operation of it couldn't be held liable for any more than their investment in that corporation. Instead, that morphed into a belief that a corporation is a person with rights, and that employees of the corporation get shielding from liability, and many other such things that are unrelated to the legal necessity for corporations and are done in direct contradiction to what's best for the citizens.

    19. Re:Not just corporations by colinrichardday · · Score: 1

      Perhaps I should have said the dividends which you otherwise would have received had the corporation not spent money on politics.

    20. Re:Not just corporations by nine-times · · Score: 1

      Then that makes them no different from a corporation

      I'm not complaining about unions in particular, I'm asking why any group-- whether it's union or a corporation or whatever you want to call it-- be able to make political contributions at all? The members of the group are already allowed to make donations as individuals, so why should groups be allowed to donate in addition to that? It's particularly screwed up because (and this is what my thought experiment was about) individuals have tighter limits on their contributions to campaigns than groups do. As an individual, I can only give a limited amount of money to a campaign. For the presidential campaign, I think it's $2,400.

      So this is my understanding: If I donate $2,400 to a presidential campaign of a particular candidate, then I am legally barred from donating more. If you donate $2,400 to another candidate, then you're barred from donating more. However, if you happen to run a corporation (or union) then you can donate as much as you want. You can now essentially donate $3 million to your candidate and say, "Well, the first $2,400 of that $3 million was my personal contribution, but the $2,997,600 was from my corporation."** I'm still barred from donating more.

      If donating money is speech, then in this example you're being permitted a greater freedom of speech than I have-- and I don't mean because you have more money, but because I'm legally barred from donating as much money as you're allowed to donate. IANAL, but that sounds like unequal protection under the law. The only two solutions would be (a) permit everyone to donate as much as they like; or (b) refuse groups (e.g. corporations, unions) the right to make donations to political campaigns.

      ** Yes, I understand that technically they would have to be accounted for differently, come out of different accounts, etc. Still, for every corporate contribution to a campaign, some person or group of people within that corporation are deciding who to contribute to. Effectively, they are able to donate money above and beyond what they're legally allowed to donate as individuals.

    21. Re:Not just corporations by ShakaUVM · · Score: 1

      >>I'm not complaining about unions in particular, I'm asking why any group-- whether it's union or a corporation or whatever you want to call it-- be able to make political contributions at all?

      I completely agree. Corporations can't vote. They shouldn't be allowed to influence votes.

      Does this mean I think felons shouldn't be able to contribute to campaigns, either?

      Yes.

    22. Re:Not just corporations by Anonymous Coward · · Score: 0

      It was good enough donation to bend obama over and make union health care plans exempt from the tax he was going to put on everybody with a nice plan.

    23. Re:Not just corporations by Anonymous Coward · · Score: 0

      So does that mean that unions in states where membership is required for certain jobs are free to spend money toward any political agenda the union leaders choose?

  5. Decision here by dazedNconfuzed · · Score: 1

    http://www.supremecourtus.gov/opinions/09pdf/08-205.pdf

    ...
    Some members of the public might consider Hillary to be insightful and instructive; some might find it to beneither high art nor a fair discussion on how to set the Nation’s course; still others simply might suspend judg-ment on these points but decide to think more about issuesand candidates. Those choices and assessments, however, are not for the Government to make. “The First Amend-ment underwrites the freedom to experiment and to create in the realm of thought and speech. Citizens must be free to use new forms, and new forums, for the expression ofideas. The civic discourse belongs to the people, and the Government may not prescribe the means used to conduct it.” McConnell, supra, at 341 (opinion of KENNEDY, J.).

    The judgment of the District Court is reversed withrespect to the constitutionality of 2 U. S. C. 441b’s re-strictions on corporate independent expenditures. The judgment is affirmed with respect to BCRA’s disclaimer and disclosure requirements. The case is remanded for further proceedings consistent with this opinion. It is so ordered.

    --
    Can we get a "-1 Wrong" moderation option?
  6. Right of free speech + right of association by dazedNconfuzed · · Score: 4, Insightful

    Right of free speech + right of association = right of groups, as corporations, to speak freely.

    --
    Can we get a "-1 Wrong" moderation option?
    1. Re:Right of free speech + right of association by DaHat · · Score: 4, Insightful

      Well said... also interesting that the focus of most of this has been on corporations and not other groups (be it PACs, unions, etc).

      I wonder at times if what they really want is to effectively limit free speech to those persons who are sufficiently eloquent or well spoken... because if there is a cause I really believe in, but am not really good at speaking on, they seem to want to prohibit me from getting together with a group of like minded people and throwing our support behind a person or two who can do the best job of making a case for what we believe.

    2. Re:Right of free speech + right of association by DoofusOfDeath · · Score: 5, Insightful

      Right of free speech + right of association = right of groups, as corporations, to speak freely.

      I'm not arguing that SCOTUS's logic is unsound. I'm arguing that even if their logic is sound, the conclusions they've reached have badly damaged the U.S., because it essentially lets rich corporations decide our laws.

      And for that reason, the Constitution should perhaps be changed so that corporations cannot do this.

    3. Re:Right of free speech + right of association by epiphani · · Score: 5, Informative

      I read up quickly on the methods Canada takes on this, because we actually have - what I would consider - sane laws on this subject.

      We limit individuals to a maximum $5000 donation. We limit corporations to a maximum $1000 donation.

      Finally, and most importantly, we limit the amount any campaign can spend. For a major federal election, it has to do with the last cycle's vote pull. The major parties generally have gotten around $20 million as a cap for any election.

      Contrast this with quotes I remember of saying that the 2008 presidential election in the states ran in excess of a billion dollars.

      Just for reference, if you guys down there ever feel like fixing your shit.

      --
      .
    4. Re:Right of free speech + right of association by epiphani · · Score: 1
      --
      .
    5. Re:Right of free speech + right of association by jimbolauski · · Score: 1

      And this would be different how?

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    6. Re:Right of free speech + right of association by natehoy · · Score: 5, Insightful

      You are correct, but the implications of this get really sticky.

      The right of association does not necessarily mean the will of the members of that association will be reflected. It means the will of the LEADERS of that association will be reflected. That may or may not reflect the membership, and the membership may or may not be voluntary unless you like quitting jobs because your boss or union steward does not agree with your political views.

      A very large company could basically outright buy an election, any election they wanted, and not just limited to one election at a time. Don't like the way the legislature is writing antitrust law? Find the candidates in each state Senate election that are the least likely to want to have antitrust legislation and spend a few billion dollars on massive ad blitzes attacking their opponents. I think you'd find a very large majority of very large companies that could support such an effort, and they could spend tens of millions of dollars on even local elections without flinching. It wouldn't even match their current spending on Superbowl ads, fercrissake. There would be no opportunity for anyone to hear an opposing credible view, because a sufficiently large coalition of companies can buy ALL of the available airtime for an election.

      On the other hand, drawing the line on what constitutes "free" versus "political" speech is difficult.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    7. Re:Right of free speech + right of association by BillCable · · Score: 2, Informative

      The US has limits on individual donations as well. $2400. And corporations are prohibited from donating anything. http://www.fec.gov/pages/brochures/citizens.shtml Perhaps Canada isn't all that much better than the USA after all...

    8. Re:Right of free speech + right of association by Anonymous Coward · · Score: 1, Insightful

      Corporations are entities exclusively chartered by a state and granted the rights in its charter. They are not persons nor states, the only two groups the constitution concerns.

    9. Re:Right of free speech + right of association by Anonymous Coward · · Score: 2, Interesting

      Right of free speech + right of association = right of groups, as corporations, to speak freely.

      I'm not arguing that SCOTUS's logic is unsound. I'm arguing that even if their logic is sound, the conclusions they've reached have badly damaged the U.S., because it essentially lets rich corporations decide our laws.

      And for that reason, the Constitution should perhaps be changed so that corporations cannot do this.

      Replace "corporations" with "unions", "political parties", or "individuals". If your opinion changes, then your logic is faulty. Just because "the corporations are all corporationy" doesn't make opinions of individuals comprising the organization any less valid than your own.

      (Personally, I think that nobody (not individuals nor organizations) should be allowed to contribute money to candidates and political advertising should not be allowed... but I doubt we'll ever see that happen.)

    10. Re:Right of free speech + right of association by joebok · · Score: 3, Insightful

      Right of free speech + right of association means that people can speak freely no matter who they associate with - it does not confer anything to the association. At least that is my opinion. Too bad it doesn't count.

    11. Re:Right of free speech + right of association by GooberToo · · Score: 1

      Right of free speech + right of association = right of groups, as corporations, to speak freely.

      I actually don't have a problem with the above quote.

      But, which is it? Is a corporation an individual or a group? According to the idiot judges, they are now both. If its a group then it deserves none of the protections it currently receives today. If its an individual then they can't be spending "corporate" dollars; as that's coming from a collective group, many of who likely don't support the group's political agenda. They've essentially created a catch-22 where corporations receive every protection and none of the punishments.

      Furthermore, the entire point of a republic is to allow individuals to be represented. Corporatism is never about the individual, but rather tyrants. At some point people are going to be forced to rise up to replace these idiot judges with people who are actually capable of critical thought, interpreting and upholding the Constitution, and actually upholding and interpreting existing laws.

      IMO, any judge who can not properly interpret the first and second amendments are wholly unqualified to be a judge. Thus far, it seems this is true for most judges on bench. Sad but true. The Constitution was specifically written such that it can be easily read and understood by all - ignoring the old English. And yet one after another, these idiots insist on placing comas where they clearly don't exist or reading between the lines where other clauses clearly make their interpretation invalid.

      Things are seriously fucked up in the US and seemingly, everyone outside the US noticed. Until we take back voting rights from every idiot, the US is doomed to continue its steady transition from democracy to corportism. There is a reason why our forefathers though it important that one, only educated people can vote, and two, only those who have something to lose are represented. The entire Constitution exists to protect the majority and now the ignorant minority is commonly used as unwitting proxies to further destroy this country in favor of corporatism.

    12. Re:Right of free speech + right of association by Kerrigann · · Score: 2, Interesting

      The debate is not so simple. Corporations aren't just groups; their members are shielded from liability for the corporations actions, so they don't make decisions like normal people do.

      I think a lot of people would take issue with such a simple assertion that the constitution automatically grants natural rights to artificial entities.

      The issue has been debated for forever, so I'm not going to replay it here. I just wanted to point out that it's not so simple.

    13. Re:Right of free speech + right of association by Trepidity · · Score: 2, Interesting

      Part of the problem is that there doesn't seem to be a good way to distinguish between purely "business" corporations, and expressive-association corporations. The Sierra Club is a corporation, for example, and it seems pretty clear to me that the First Amendment should not permit the government to censor the Sierra Club's communications.

    14. Re:Right of free speech + right of association by joebok · · Score: 5, Insightful

      If you voluntarily join a group with the intent of having your opinions heard through the voice of others in that group, that is one thing. It seems entirely another thing to have the political leanings off my boss amplified through corporate profits which I help earn, whether I like it or not.

    15. Re:Right of free speech + right of association by Lord+Ender · · Score: 1

      It does allow the powerful to decide our laws, but when has that not been the case? Democracy is like other governments in this respect, except that when the powerful screw up REALLY bad and the masses of the population are significantly wronged, things DO change.

      Democracy has distinct disadvantages. This is one of them. But consider the alternatives.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    16. Re:Right of free speech + right of association by Anonymous Coward · · Score: 5, Insightful

      Exactly. That's why it's a violation of my liberty that I can't bribe my way out of traffic tickets. That I can't buy my way into a medical license. That I can't pay a judge to kick you off your home. I've got strip malls to build people. Liberty coming through, peasants!

    17. Re:Right of free speech + right of association by MindlessAutomata · · Score: 4, Insightful

      I'm not arguing that SCOTUS's logic is unsound. I'm arguing that even if their logic is sound, the conclusions they've reached have badly damaged the U.S., because it essentially lets rich corporations decide our laws.

      So you mean voters are easily influenced by propaganda and are unable to consider the source? I'm not sure democracy is a good idea if merely allowing corporations to speak freely or donate money to politicians, when it's the individuals that ultimately do the election.

      Anyway, the real problem here isn't corporations having freedom of speech (which I agree with, even though I'm no fan of corporations and of "individual profit without individual responsibility"), it's the entire election system itself. It's all a complete fraud. And a naive and stupid populace really has only itself to blame, not "the upper class," not "the corporations," nor anyone else subjected to the usual five minutes hate.

    18. Re:Right of free speech + right of association by Buzz_Litebeer · · Score: 1

      You think a Billion is a lot?

      The top 100 corpos could spend 1% of their total profits and spend 6 times that on a single candidate to make sure they win.

      That is what this change in law does to us, fucks you and me in the ass.

      You cant just "stop" working a company because its parent company goes against you in its policies, you almost couldnt work anymore considering everyone is owned by everyone now.

      --
      If you don't vote, you don't matter, so don't waste your time telling me your opinion
    19. Re:Right of free speech + right of association by Delwin · · Score: 2, Insightful

      No Corporations and Unions are different from Political Parties and Individuals in a specific way. The first two are not organized with a single set of political ideals in mind. Thus you will end up with people who's money or work go towards causes they do not believe in.

      That's the problem with allowing this. You're allowing people to multiply their voice from the work of people who do not believe in the ideal espoused.

    20. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      (Personally, I think that nobody (not individuals nor organizations) should be allowed to contribute money to candidates and political advertising should not be allowed... but I doubt we'll ever see that happen.)

      Ah, a staunch defender of the old guard, I see.

    21. Re:Right of free speech + right of association by AdamThor · · Score: 3, Insightful

      And for that reason, the Constitution should perhaps be changed so that corporations cannot do this.

      Really, can't we just revoke corporate personhood? I'm not sure why a corporation should have a right to anything. They should have protection under law against injustice, but that isn't the same thing.

      I know, it's a pipe dream.

      --
      -- "Oh. This guy again."
    22. Re:Right of free speech + right of association by Delwin · · Score: 1

      In most places we call that non-profit since their main motive isn't making a profit.

    23. Re:Right of free speech + right of association by rbrander · · Score: 5, Insightful

      If I get together with a thousand like-minded individuals, we all retain our rights to free speech, and indeed, we can coordinate our speech into a single consensus message, repeated a thousand times over, significantly multiplying its effect. That was the intent of the two constitutional rights.

      The new "corporation is a legal person" doctrine, which the Union got along very well without for nearly 200 years, creates a thousand-and-first "person" and claims it has yet another set of the same civil rights - and a gigantic budget to push them with, a budget that only needs the approval of some fraction of the thousand people associating.

      The fraction doesn't have to be 50%, much less 100%. Most corporations are in fact governed by the opinions of a few dozen people that have bonuses dependent on a variation in the corporate income a few percent per year. The million people who have invested in it (900,000 of them involuntarily, they don't control where "their" pension fund puts its money) may not even be aware that "they" have decided to lobby for exporting jobs to Mexico, ripping the tops off mountains in Virginia, or the US purchasing useless, extravagant weapons systems.

      Given proper information and some real control over the corporation they "own" 0.00001% of, they would say "Hell, no, I'd rather have my pension be $1050 per month instead of $1100 if it comes at the price of sweatshops, public debt, and my favourite trout stream vanishing". But that can't possibly happen with most modern corporate governance.

      Corporations are not people. People have consciences and value other things besides money. Corporations are EXACTLY like machines running a program to maximize profit margins. They only don't run wild and consume all resources because of limiting rules, The Law. (i.e. "No sweatshops or child labour") Otherwise, people would be used up like any other available resource, worked to death.

      Giving corporations access to the law-making process is like giving a program supervisory access to the operating system, it introduces positive feedback loops guaranteed to run out of control.

      For those of a religious bent, I'd draw your attention to the source of those constitutional rights you just quoted: "They are endowed by their creator..." So, if God created your corporation, I'm OK with it having civil rights of its own. Otherwise, all the members of it still have their freedom of speech, so let them exercise it as citizens, not go inventing a new "citizen" that was not of woman born.

    24. Re:Right of free speech + right of association by lyz · · Score: 1

      I have a question about this. Do corporations have to report the money they are spending and the position they are taking with regard to political issues? It would be bad business to alienate half of your potential customers by endorsing a political candidate.

    25. Re:Right of free speech + right of association by TheWizardTim · · Score: 1

      foreign country + cheep office in a state + incorporation = foreign governments directly influencing American elections

    26. Re:Right of free speech + right of association by rotide · · Score: 5, Insightful

      Exactly, each individual in that group can write a personal check and the leader can put them all in the same envelope with a signed letter. We don't need a faceless organization _claiming_ to hold the support of its employees contributing millions of dollars on their "behalf".

      If you want to assemble with like minded people, go for it!

      If you want to all make a large contribution supporting your ideals, go for it!

      Just make sure those contributions are from individuals and not a large organization with self serving interests and a huge coffer.

      The power needs to lie with the people, not the organization.

    27. Re:Right of free speech + right of association by JeanPaulBob · · Score: 3, Insightful

      "The SCOTUS abused the Constitution" is a different argument from "This is a bad idea--if the Constitution does protect it, we should change the Constitution."

    28. Re:Right of free speech + right of association by Bruha · · Score: 1

      They should just put a hard limit in place that applies to everyone. 1000 dollars per individual or group with the group representing any multitude of individuals. Would apply to any business, PAC, Union etc.

      Ban and make it criminal to claim to represent individuals you do not. If you say that you represent the grandmothers of Texas, then it should be a list that can be examined and those on that list asked if they signed up to have the group lobby for them.

      Also we've been suffering from corporatism for quite awhile. Just look at how our laws are shaped, less individual laws and more laws for corporations.

      Now that the republicans can block health care legislation what we'll get is some soup of tax cuts for hospitals, pharm, and doctors who are all going to just put the money into their pockets and ignore prices.

    29. Re:Right of free speech + right of association by doconnor · · Score: 4, Informative

      I think you numbers are out of date.

      The individual limit for Canadian federal parties is $1100 and $0 for corporations/unions.

      One difference between the US and Canada is that while Canada has the right to freedom of expression in the constitution, it also says "The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society." This weakens our rights somewhat compared to the US, but avoids problems like this.

    30. Re:Right of free speech + right of association by BlueBoxSW.com · · Score: 1

      This is not exactly what they said.

      To whom the right of free speech extend? One side said that it was aimed at individuals, the other said that corporations and PACs are formed by individuals, so it should extend to them.

      Why then, as the decenting opinion pointed out, was it necessary to extend the right to the press, which is also created by individuals?

      The case itself was about a political action committee that paid for an anti-hillary clinton movie to be produced, and wanted to pay 1.2 million dollars to the cable system in DC to put it for free, on their video on demand system, right before the primaries.

      Funny how they though Hillary was the only who could beat them in '08.

    31. Re:Right of free speech + right of association by SETIGuy · · Score: 1

      Right of free speech + right of association = right of groups, as corporations, to speak freely.

      = right of people running corporations to spend the assets of the owners of the corporation on political speech they don't necessarily support.

    32. Re:Right of free speech + right of association by poetmatt · · Score: 1

      we already have regulatory capture, this decision just makes it easier.

    33. Re:Right of free speech + right of association by jmorris42 · · Score: 5, Insightful

      > If you voluntarily join a group with the intent of having your opinions heard through the voice of others in that group, that is one thing.

      Curiously enough, this case was about exactly that. A group of people put together a corporation called "Citizens United" and produced a film critical of Her Majesty, Hillary Clinton. It produced the film with the intent of airing it near the election so as to influence it, that is what caused them to run afoul of McCain/Feingold. Though far too late to save this group's efforts at Free Speech the SCOTUS has finally ruled that "Congress shall make no law...." means what it says. This is considered a radical decision in our dark times.

      --
      Democrat delenda est
    34. Re:Right of free speech + right of association by poetmatt · · Score: 1

      corporations can easily, and in many ways, hide their cash flow both inbound and outbound. Hiding through an anonymous subsidiary is usually the most common way of doing so, or having it embedded in a 10k with a vague mention of the subsidiary or so forth.

    35. Re:Right of free speech + right of association by Dorkmaster+Flek · · Score: 5, Insightful

      So you mean voters are easily influenced by propaganda and are unable to consider the source?

      I think that's exactly what he's saying, and I agree with him 100%.

      --
      I like to think of online DRM as something akin to a college -- you pay for lessons until you learn something.
    36. Re:Right of free speech + right of association by commodoresloat · · Score: 4, Insightful

      Exactly. There's no need to change the Constitution; only to change the ridiculous torture of the English language that allowed corporations to be defined as "persons" in the first place.

    37. Re:Right of free speech + right of association by ak3ldama · · Score: 2, Insightful

      Right of free speech + right of association = right of groups, as corporations, to speak freely.

      Yes, they do have a right to free speech. They have a right to gather. But corporations are an international entity who have no obligation to anyone except their stock holders. We are not arguing their right to free speech anyways, we are just proposing that they should have no right to place advertisements on television or radio which are governed by the FCC. They can place ads on the internet, they can release a DVD and have their movies heard in movie theaters. But they should not be able to directly sponsor advertisements on television.

      The SCOTUS' delusional thinking continues:

      Roberts, in a separate opinion, said that upholding the limits would have restrained "the vibrant public discourse that is at the foundation of our democracy."

      Luckily: It leaves in place a ban prohibiting corporations and unions from directly contributing funds to candidates for any use.

      --
      "but money is the God of Algiers & Mahomet their prophet." - Rich. O'Bryen June 8th 1786
    38. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      Ok. Sound logic, however why should corporations be allowed to exceed campaign contribution amounts to what the average individual taxpayer, or family can muster?

      Also, how's that ability to whistle-blow going for us again?

    39. Re:Right of free speech + right of association by plague3106 · · Score: 0

      A corporation is not an association of people. There's ONE guy at the top running things, maybe a board. Nor do the employees even agree with what their corporation may be pushing.

      A corporation is not a person, and thus has no rights. It has privledges we grant it. The SC is off its rocker on this one.

    40. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0, Redundant

      Ah, a staunch defender of the old guard, I see.

      Conservative-leaning in the original sense of the word. If we had less government (particularly federal), politicians wouldn't hold as much influence. ROI for donations & lobbying wouldn't have as much affect, and politicians wouldn't be able (or need) to run such expensive campaigns. Bring it back down to word-of-mouth and true grassroots movements. By the local people, for the local people...

    41. Re:Right of free speech + right of association by plague3106 · · Score: 1

      You act as if we have to accept a flaw in democracy or eliminate it, when we can simply fix the flaw.

    42. Re:Right of free speech + right of association by Attila+Dimedici · · Score: 3, Informative

      No Corporations and Unions are different from Political Parties and Individuals in a specific way. The first two are not organized with a single set of political ideals in mind. Thus you will end up with people who's money or work go towards causes they do not believe in. .

      Except that the Corporation in this case was organized with a single set of political ideals in mind. The Corporation in this case was Citizen's United. The Corporation was formed to create a film critical of Hillary Clinton.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    43. Re:Right of free speech + right of association by Le+Marteau · · Score: 1

      > I'm not sure why a corporation should have a right to anything.

      They produce goods and services, and provide jobs, which are a pretty big deal in modern society. I think that qualifies them as entitled to have a say about the society within they function.

      --
      Mod down people who tell people how to mod in their sigs
    44. Re:Right of free speech + right of association by GooberToo · · Score: 1

      I absolutely agree. The entire US would change for the better in the blink of an eye if corporations were refused protections of person-hood. Corporations are no more a person than is my shoe. Hell, at least my show is a tangible item. On the other hand, the person wearing my shoe is a person. This is true for corporations too.

      If the people running corporations fuck up, they should go to jail rather than be sheltered by shoes. Likewise, my shoe is wholly incapable of making a political contribution and yet these idiot judges believe it can.

      The fact that these judges can't discern between a shoe and people means they are mentally incompetent and completely unqualified for their station. No matter how you want to rationalize it, a shoe is not a person. It is an implement welded by individuals.

      Furthermore, ignoring all of that, they have effectively allowed individuals to be represented twice. Once as an individual and a second time as a corporation. This of course ignores the fact that these idiot judges now consider corporations to be both individuals and collective groups.

      Its impossible to look at these judges without seriously contemplating what their mental disability is and whos genitals they sucked to obtain their position.

      All I know is, I seriously hope someone can use this ruling that corporations are in fact groups, to detach person-hood from corporations. It makes absolutely no sense and serves only to corrupt.

    45. Re:Right of free speech + right of association by Maxo-Texas · · Score: 1

      Right of immortals with unbalanced amounts of money to control society.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    46. Re:Right of free speech + right of association by oneTheory · · Score: 2, Insightful

      I like what you had to say. Corporations are not people and should not have the rights as such. I think someone once said a closer approximation to corporations would be foreign governments operating within our borders, and they should be treated diplomatically as foreign entities, nurtured by our laws, but without access to our political system that citizens have.

      If you want to organize citizens for the purpose of influencing government fine, but this is not that. I like your programming analogy.

    47. Re:Right of free speech + right of association by blamanj · · Score: 1

      It's not clear the constitution protects. All the protections enumerated in the Bill of Rights are granted to individuals.

    48. Re:Right of free speech + right of association by jmorris42 · · Score: 2, Insightful

      > We limit individuals to a maximum $5000 donation. We limit corporations to a maximum $1000 donation.

      > Contrast this with quotes I remember of saying that the 2008 presidential election in the states ran in excess of a billion dollars.

      I'd like to object to the entire premise behind your inane argument. We need MORE money in politics, not less. Think about it. Yes President Obama set a record haul of a billion dollars in the '08 campaign but so freaking what. Just means my team is going to have to up its fundraising game next time if we want to compete. Nike spent 1.7 billion in marketing for shows and otherwise ordinary apparel except for a swoosh logo. The argument over who leads the free world is at least as important as the question of which shoes to wear.

      Money == speech. Any restriction of one implies a restriction on the other. With unlimited contributions, paired with solid disclosure (an idea which the SCOTUS upheld today) laws, perhaps candidates would need to spend less time whoring at endless fundraisers and more time campaigning and/or reading the bills they are voting on.

      --
      Democrat delenda est
    49. Re:Right of free speech + right of association by Capt_Morgan · · Score: 0

      corporations have NOTHING to do with the right of assembly... they are simple a legal entity to limit personal liability I can NOT believe this nonsense was modded insightful

      --
      It takes a big man to cry, but it takes a bigger man to laugh at that man.
    50. Re:Right of free speech + right of association by corbettw · · Score: 1

      I wonder at times if what they really want is to effectively limit free speech to those persons who are sufficiently eloquent or well spoken

      So now the grammar nazis are an actual political party???

      --
      God invented whiskey so the Irish would not rule the world.
    51. Re:Right of free speech + right of association by PopeRatzo · · Score: 1

      Right of free speech + right of association = right of groups, as corporations, to speak freely.

      I notice that the word "money" doesn't figure into your equation.

      Can you explain how speech and money are the same thing?

      Further, can you find me the part of the Constitution that says a corporation is the same as a person, and should have all the same civil rights?

      The fiction that corporation = person is one that did not exist for the first 150 years of the existence of the US, so to say that it was part of the founders' intention is a real stretch.

      And yes, there were big corporations in 1776.

      --
      You are welcome on my lawn.
    52. Re:Right of free speech + right of association by Teun · · Score: 1
      Exactly.

      I'm convinced that equal representation is a core principle of a healthy democracy but the present US system of party finances is not at all about equality.
      Only voters should be allowed to make contributions and so far corporations are not allowed to vote.
      And that's got nothing to do with free speech.

      Additionally there should be a limit on the voters individual contribution as to avoid having rich people wield more power than the poor, something like $25.00 per voter per year sounds pretty reasonable to me.
      At the same time this kind of budget would really clean up the campaigning :)

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    53. Re:Right of free speech + right of association by cayenne8 · · Score: 2, Interesting
      Hmm...time for a constitutional amendment maybe?

      Let's band together to put a fix in for the money that is taking over (strike that HAS taken over) our federal government.

      1. Lets roll back the one that let senators be elected directly by the people rather than be appointed by the state. This will take the money out of Senate elections.

      2. Let's define who can or cannot give money to a candidate/party. Or, let's just mandate that elected officials campaigns are strictly funded by public funding, and mandate possible that during an election season a minimum of X hours are available on all networks for debates, commercials...by the candidates.

      While it is a bitch to get an amendment through (and rightly so), it appears this is the only way We The People can tame this beast.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    54. Re:Right of free speech + right of association by GooberToo · · Score: 2, Insightful

      They should just put a hard limit in place that applies to everyone. 1000 dollars per individual or group with the group representing any multitude of individuals. Would apply to any business, PAC, Union etc.

      And no group can contribute which represents an individual who has already contributed. Otherwise, as is, these groups are allowed to contribute twice. They need to be forced to contribute as one or the other, but not both.

    55. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      You'd have an argument if corporations could themselves vote, but they cannot--that power is retained soly by individuals. Corporations should be treated like any other -group-, which means, collection of individuals, whom may even form a group around political issues. Any ill effects of corporations using money to spread messages is ultimately due to "the people" that accepted that message.

      Ultimately, judging by your corporate rhetoric, you obviously will dislike whatever message corporations are likely to spread. Unfortunately, free speech doesn't mean "only speech I like," or at least shouldn't. You might as well argue that racists, communists, libertarians, etc, shouldn't be given free speech for other arbitrary reasons about qualities of those groups.

    56. Re:Right of free speech + right of association by krull · · Score: 1

      Following Supreme Court logic: wouldn't blocking all advertising violate the free speech right of the politician, as an individual, to espouse their views to the public?

      (Not saying I disagree with you about blocking all political advertising, but just that it seems to me that would also require some kind of constitutional amendment.)

    57. Re:Right of free speech + right of association by cmiller173 · · Score: 4, Insightful

      If you voluntarily join a group with the intent of having your opinions heard through the voice of others in that group, that is one thing. It seems entirely another thing to have the political leanings off my boss amplified through corporate profits which I help earn, whether I like it or not.

      Actually your having helped earn the profits is irrelevant, the profits are not yours... The profits belong to the stockholders(or owners in a non-public company) and the corporation represents their interests NOT your interests. Your an employee not a stockholder or at least your not thinking like a stockholder. If you are a stockholder and the corporation is behaving in a manner that violates their fiduciary duty to the stockholders then you have a right to make that claim at the annual meeting (or a court of law) and try to convince others that the board needs to be ousted and a better board elected. You do not have that right as an employee.

    58. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      Perhaps you should reconsider democracy, then.

    59. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      may not even be aware that "they" have decided to lobby for exporting jobs to Mexico, ripping the tops off mountains in Virginia, or the US purchasing useless, extravagant weapons systems.

      My sharks with frickin' laser beams are NOT EXTRAVAGANT!

      - Dr. Evil

    60. Re:Right of free speech + right of association by GooberToo · · Score: 1

      Minor corrections:
      Hell, at least my shoe is a tangible item.

      It is an implement wielded by individuals.

    61. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      All grassroots campaigns in history have involved money. You can't put a guy on a soapbox unless you buy the soapbox first.

      Anyway, you can't pass laws with an outdated, idealistic version of the government or society in mind without actually having that vision come true first.

    62. Re:Right of free speech + right of association by phantomcircuit · · Score: 1

      So you mean voters are easily influenced by propaganda and are unable to consider the source? I'm not sure democracy is a good idea if merely allowing corporations to speak freely or donate money to politicians, when it's the individuals that ultimately do the election.

      Votes are easily influences by propaganda and are often unable to consider the source.

      Democracy is a terrible, but it's the best one we've got.(I believe i just quoted someone, meh)

    63. Re:Right of free speech + right of association by corbettw · · Score: 2, Insightful

      Those corporate profits belong to the owners (shareholders) of the corporation, not the employees (except, obviously, in cases where the groups overlap). Don't like it? Go get a different job or start your own business. In either case, stop whining because your boss' political views don't mesh with your own.

      --
      God invented whiskey so the Irish would not rule the world.
    64. Re:Right of free speech + right of association by Mr.+Freeman · · Score: 1

      That's not how it works. The company is using the money gained through your effort to further a cause regardless of whether or not you support it. That's not free association. Employment is not free association.

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    65. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      I really hate this whiny assed victim mentality so many pussies have today. You don't have to work for anyone. You're not a slave. Nobody is forcing you to work for someone you don't like. You can quit at any time. Grow up and become an adult please.

    66. Re:Right of free speech + right of association by Dorkmaster+Flek · · Score: 1

      I didn't say I think we should throw away democracy, I said people are easily influenced by propaganda. Removing the people's choice is an even more slippery slope, but that doesn't mean there aren't problems either way. There's an old saying, "The people get the government they deserve."

      --
      I like to think of online DRM as something akin to a college -- you pay for lessons until you learn something.
    67. Re:Right of free speech + right of association by PopeRatzo · · Score: 2, Insightful

      Thanks, rbrander. You said that better than I could.

      Unlike the internet and computers and telephones and automobiles, there were big corporations in 1776 and they were already working overtime to influence governments all over the world. And rich people were already buying government power when the founders sat down to right our Constitution and later the Bill of Rights.

      It was not by accident that you don't see any reference to money in the First Amendment. Which, in its entirety reads:

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      You see religion and the free exercise thereof, and speech, and the press, and assembly, and petition for redress of grievances.

      You see not a word about "giving money to..." or "buying..." or "political contributions" in that famous amendment.

      The notion that money=speech and that corporation=person or even that organizations have the same civil rights as individuals does not appear until after money and corporate power in the US had already deeply corrupted our government.

      I'm hopeful, though, that a significant number of legislators, some from both political parties, said today that they intend to codify into law limitations on corporate money in our electoral process. The belief that a solid wall between corporate power and government needs to exist is one that crosses partisan lines.

      --
      You are welcome on my lawn.
    68. Re:Right of free speech + right of association by OnlineAlias · · Score: 1

      Since when did a corporation take a political stand on anything, endorsing anything? Corporations will contribute bucket loads of cash to EVERYONE, and in so control the entire process. Your simplistic thinking is almost cute...this isn't about one political ideology against another, its about corporations running things vs. the people. Democrats, republicans, libertarians, progressives, teabaggers, gays, right/left/up..it doesn't mean much now and especially won't mean anything in the future. It will be us (the people) against them (the corporations).

    69. Re:Right of free speech + right of association by ahabswhale · · Score: 1

      "Ultimately, judging by your corporate rhetoric, you obviously will dislike whatever message corporations are likely to spread. Unfortunately, free speech doesn't mean "only speech I like," or at least shouldn't."

      That's just it...their "free speech" effectively completely eliminates mine because I'll never be able to compete with them for dollars. To be fair, my free speech is almost nil now but this puts it cleanly and boldly in the "fuck off and die because you matter less than a pile of dog shit" category. But sure, go ahead and defend their rights. Personally, I don't view money as a form of speech but I guess that's anti-American, commie faggotry on my part.

      --
      Are agnostics skeptical of unicorns too?
    70. Re:Right of free speech + right of association by SnapShot · · Score: 0

      No Corporations and Unions are different from Political Parties and Individuals in a specific way. The first two are not organized with a single set of political ideals in mind. Thus you will end up with people who's money or work go towards causes they do not believe in. .

      Except that the Corporation in this case was organized with a single set of political ideals in mind. The Corporation in this case was Citizen's United. The Corporation was formed to create a film critical of Hillary Clinton.

      Which was why the original question in front of the supreme court was very limited.

      When the case was first argued last March, it seemed a curiosity likely to be decided on narrow grounds. The court could have ruled that Citizens United was not the sort of group to which the McCain-Feingold law was meant to apply, or that the law did not mean to address 90-minute documentaries, or that video-on-demand technologies were not regulated by the law. Thursday’s decision rejected those alternatives. [NYTimes]

      You might be right and perhaps Citizens United had a valid case as a group of individuals. However, the five corporatist supreme court justices decided that they could take this much farther to grant rights to legal entities defined by contract law (i.e. corporations) that were never intended by the Constitution.

      --
      Waltz, nymph, for quick jigs vex Bud.
    71. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      Just for reference, if you guys down there ever feel like fixing your shit.

      why fix our shit when we can use our big guns to take your shit over?

      remember, we're not just stupid, we're also aggressive, immoral and rude

      one day it'll happen:

      hey Canada! we need food, lumber and oil. we'll be coming over to take that stuff and you all are gonna become states 51 thru 60. and all that Quebec nonsense, all that fagotty French stuff, you will be knocking that shit off or we will be ripping your heads off and skull-fucking you all. have a nice day!

    72. Re:Right of free speech + right of association by C10H14N2 · · Score: 1

      Most PACs are corporate PACs. Most unions are, quite obviously, industrial in nature. In both cases, their revenue comes from willing contributions of labor. But, in essence, the collective voice is conceivably defensible as at least remotely representative of the will of _all_ of those people.

      This is enabling corporations to compel labor to fund political speech directly through their actions as employees, or indirectly through ownership via institutional shareholders, with no means of controlling that speech, even if it is contrary to their interests. Moreover, corporate boards and majority (mostly institutional) shareholders may siphon profits from minority shareholders to fund political speech against their will and, in the case of the former, directly use the assets of employees to lobby against them.

      This is not "free speech." This is graft funded under duress. The fact that people are raising the spectre of unions with not a shred of irony is positively frightful.

    73. Re:Right of free speech + right of association by Rob+the+Bold · · Score: 1

      Right of free speech + right of association = right of groups, as corporations, to speak freely.

      A corporation is not a person or a group. It is a legal fiction that we have given certain rights of a person to enable it to do business. "Santa Clara" expanded those rights -- a mistake. A group, like a soccer team or a political party or a trade union or the John Birch Society exists to represent its members, whereas a corporation exists create a disconnect between the investors and the company. A corporation facilitates creating a business without any individual being liable for anything beyond his own investment.

      --
      I am not a crackpot.
    74. Re:Right of free speech + right of association by weiserfireman · · Score: 1

      Most, if not all, major media outlets in the US are corporations

      Because of their Corporate structure, are you arguing that Congress could make laws regulating their news reporting or election coverage?

      Many editorial boards of these organizations have a long history of supporting specific candidates or issues

      I think crafting a law that allowed media corporations to have freer speech than non-media corporations would probably have a sticky time with the 14th Amendment Equal Protection rules

      If such a law could be crafted, how would you decided what is a protected media corporation at what isn't. For example is GE a media corporation, it owns, or did own, a significant portion of NBC

    75. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      And I'll never be able to be as persuasive as someone with good looks, or more pull within the system (for their is a bit of oligarchy within democracy--Bush Jr. didn't get elected out of pure merit, ya know), so on and so forth. The problem here, again, isn't that corporations can get a lot of pull with their financial resources--it's the the underlying premise of democracy, which is patently a sham to most people, is that the average person is capable of a rational, intelligent decision making in political matters. Of course, then some people like to fancy themselves as the deciders of truth and justice and want to lead and prod the unwashed masses in certain directions (particularly anti-business directions) but that's no more conducive to freedom than the ignorant masses getting to vote is.

      Basically though, once you take the money out of politics it's the media that controls the elections. Fox, CNN, etc.

      Anyway, free speech has nothing to do with how relatively effective your message is, merely that you can say it. If opening up free speech to a certain group means your message is diluted, so be it.

    76. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      Indeed, and big money or no big money in politics, people will get what they deserve. The influence of big money in politics isn't the problem--it's the fact that voters are dumb enough in the first person to be swayed by it.

    77. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      And rich people were already buying government power when the founders sat down to right our Constitution and later the Bill of Rights.

      Bill of Writes, you moran!

    78. Re:Right of free speech + right of association by OnlineAlias · · Score: 4, Insightful

      And your inane argument contends that the current way is the best way. They are out whoring themselves because they need money to win. If they didn't have to compete against others who had massive war chests then they wouldn't need the money. Then they would need to go out and whore themselves to get VOTES, which is exactly what I want them to do.

      Your argument is that if you flood them with money, well, then they won't have to go out and get it. Well yes, but now who are they whores to? Who opened the flood gates? Yes, the corporations, not the people.

    79. Re:Right of free speech + right of association by WraithKenny · · Score: 1

      -1 Wrong. Some have thought that your logic is sound. It isn't. I'll fix it for you: Right of free speech + right of association = right of [the individual members of] groups, as [the individual members of] corporations, to speak freely [together, with their individual voices, joined for that purpose if so agreed or if the expressed purpose of forming said group or corporation]. It's a bit different then what you said. I'm sure the /. folks can point you to the appropriate wikipedia page for logical fallacies. The particular issue here is mute. Such a corporation can "speak freely", and who cares, really. The offensive part of the ruling is that money = speech. It doesn't. And AFAIK, corporations aren't really human, they are contracts only granted some limited recognition under the law for some limited purposes.

    80. Re:Right of free speech + right of association by Trepidity · · Score: 1

      That's true; it's possible the Supreme Court could've said that non-profit corporations have free speech rights, while for-profit ones don't. But it's not clear on what grounds they would do that. If, as opponents of this decision argue, corporations are not people and therefore not protected by the First Amendment, why would non-profits be protected, since they are also not people?

    81. Re:Right of free speech + right of association by cayenne8 · · Score: 1
      "I'd like to object to the entire premise behind your inane argument. We need MORE money in politics, not less. Think about it. Yes President Obama set a record haul of a billion dollars in the '08 campaign but so freaking what. Just means my team is going to have to up its fundraising game next time if we want to compete. Nike spent 1.7 billion in marketing for shows and otherwise ordinary apparel except for a swoosh logo. The argument over who leads the free world is at least as important as the question of which shoes to wear.

      Money == speech. Any restriction of one implies a restriction on the other. With unlimited contributions, paired with solid disclosure (an idea which the SCOTUS upheld today) laws, perhaps candidates would need to spend less time whoring at endless fundraisers and more time campaigning and/or reading the bills they are voting on."

      Well, the way it sets up now...it makes those candidates beholden to the largest money donators, rather than the people that elect them.

      Why not have it this way...by constitutional amendment. The funding for the political candidates (parties and all) are strictly from a fixed public funding scheme. That keeps them equal in everything but planning how best to use the funds and what they have to say.

      The people, corps, organizations can exercise their free speech all they want, by funding everything they want to get their opinions out...but it doesn't ever touch the candidates directly...somehow (I've not worked the details out in my head yet). But if they want to put commercials out....buy ads, etc, let them express their views till they turn blue in the face and/or run out of money. Just that they have to make sure and label exactly who it is spending the money for that ad...no shell corporations, etc. Any subsidary used...then the top company of that chain is the one that is reported. We do also I think, have a right to know who it is making the speech, no?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    82. Re:Right of free speech + right of association by uvsc_wolverine · · Score: 1

      That's an excellent point. I know someone that worked for a company that contributed money to one side of the prop 8 argument in California. This person contributed money to the opposite side. He ended up having his wife's name on the contribution since donor information is public and that information includes the employer. With his wife making the contribution the occupation was listed as homemaker. It could've caused him problems at work for there to have been public record (he wouldn't have been fired or anything, but other things could've come up) for him contributing contrary to his employer's open endorsement.

      --
      This space for rent...
    83. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      The new "corporation is a legal person" doctrine, which the Union got along very well without for nearly 200 years...

      No it didn't. That ruling was from the 1880's.

    84. Re:Right of free speech + right of association by selven · · Score: 1

      With unlimited contributions, paired with solid disclosure (an idea which the SCOTUS upheld today) laws, perhaps candidates would need to spend less time whoring at endless fundraisers and more time campaigning and/or reading the bills they are voting on.

      Your post suggests that if a certain number of people contribute, there is no reason to get even more money, a concept of "enough", if you will. Politicians and corporations do not recognize this concept. For them, if they have $1 million and can get $2 million, they'll go for the million. If they have $100 million and can get $110 million, they'll go for the $10 million with the same greed. Flooding political campaigns with money is, thus, not the answer. Putting a hard cap on total campaign spending, however, ensures that there's no point in going above $X million, solving the problem.

    85. Re:Right of free speech + right of association by blackraven14250 · · Score: 2, Interesting

      For what purposes, really, should a corporation be given the rights of individuals? They aren't an individual. They are a tool created to maximize profits.

    86. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      I really hate how entitled idiots like you are, pretending that just because you have the right to speak it means others are forced to listen and agree with you. Get over yourself.

    87. Re:Right of free speech + right of association by joggle · · Score: 1

      I don't follow your logic on point one. Senators are already essentially elected directly by the people since each state has already passed legislation that determines the winner of a senate race by who gets the biggest majority/plurality of the state's election.

      However, on point two it looks like you're correct. Since the Supreme Court made this ruling, the only way to overturn the ruling in the near term is to do so via an amendment.

      But if you think this health care bill has been difficult to pass, it probably would be nothing compared to how difficult it would be to pass an amendment that would bar corporations from donating to political campaigns or using their money for political advertisements.

    88. Re:Right of free speech + right of association by PopeRatzo · · Score: 2

      So you mean voters are easily influenced by propaganda and are unable to consider the source?

      Of course voters are easily influenced by propaganda.

      And there's an entire industry devoted to obscuring the sources of political propaganda.

      Fortunately, decisions by the Supreme Court are nothing more or less than interpretations of the Constitution. At various times, the Supreme Court has interpreted the Constitution to mean that black people should get a lesser vote than whites, or that women should get no vote at all. They've decided that "equality" meant that you could have completely segregated schools. And fortunately, the other branches of government have lots of ways to close loopholes created by out-of-whack Courts.

      This argument is a long way from over. Especially since the decision today does not allow for unfettered contributions by corporations. For example, the Roberts Court decided that it the ban on direct contributions by corporations to candidates can still be limited. Basically, all the decision today said was that the McCain/Feingold bill wasn't written well enough. With the wild populist fervor going around the US today, I wouldn't be a bit surprised if a new law was passed pretty quickly, since there are significant numbers of legislators from both parties that disagree with today's opinion.

      it's the entire election system itself. It's all a complete fraud.

      I agree completely.

      And a naive and stupid populace really has only itself to blame

      Yes and no. We're long past the point where any part of the US government is "by, of and for the people" and with the concentrated ownership of corporate media, there's little chance that any citizen, even someone with high opinion of their own intellect such as yourself, can be a really informed voter. Corporate power and the efficacy of marketing technology has us totally outgunned. The only solution is the political, non-violent equivalent of asymmetrical warfare. The fact that so many working class, "low-information" voters came out into the streets last summer with signs and teabags and screaming in the faces of politicians is actually a good sign. It shows that they can be willing to perform some socially transgressive acts in order to be heard. As I've said before, if they can be dissuaded from their racism and anti-intellect bias, and as they increasing learn who the real enemy of representative government is, they can be part of a real revolutionary movement for positive change.

      I wouldn't be a bit surprised to learn that a few years down the road the teabaggers and the dirty leftist hippies like myself find some common cause.

      --
      You are welcome on my lawn.
    89. Re:Right of free speech + right of association by Hasai · · Score: 4, Insightful

      ....And how is this different from having the political leanings of my UNION boss amplified through UNION DUES which I have to pay, whether I like it or not?

      --

      Regards;

      Hasai

    90. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      We must subvert democracy to save democracy.

    91. Re:Right of free speech + right of association by lorenlal · · Score: 1

      If I could give you a +1 - Great, I would.

      For years, corporations have essentially poured money into party/candidate funds through secondary organizations (PACs), so the net effect likely won't be *too* different than what it was yesterday... But PAC membership is defined in terms of political activity, and you know what you're signing up for when you join one as a volunteer or employee. For example, my employer has a PAC, and it's 100% voluntary. I'm fine with that since they aren't taking anything from my paycheck unless I allow them to.

      This fundamentally changes that such that the work I do, which is designed to increase cash flow into the company, can now result in funding political actions that I do NOT support, based on the opinion of very few people. I'm furious that many of us may now see much of our work go and fuel much of the corruption that loathe and try to draw attention to in these forums.

      Thank you for summing up everything you did parent. Well done.

    92. Re:Right of free speech + right of association by stubob · · Score: 1

      Ahem, "endowed by their creator" is in the Declaration of Independence, not the Constitution.

      --
      Planning to be moderated ± 1: Bad Pun.
    93. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      Considering corporations don't vote and only individuals do, you have a very poor case, as usual. If people are buying into corporate-paid bullshit then just imagine what they're buying into from politicians.

      Democracy is based on wishes, nothing more. It works nothing like people imagine it to, and yet people keep on treating it like it works according to their fantasy dream visions of it.

      See, you fear corporate influence because you're afraid of voters responding in a way you don't like. Simple as that. I fear this too, but you have an idyllic, naive vision of democracy--I don't. And even if democracy is necessary I'll gladly subvert any democratic law I can get away with.

    94. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      All grassroots campaigns in history have involved money. You can't put a guy on a soapbox unless you buy the soapbox first.

      Depends on the size of the soapbox. I can blast an email out to all my friends saying "Candidate A rocks because of Issues 1, 2, and 3." They forward to theirs, and so on. Cost? A few minutes per person. Or instead of email they talk about it at the coffee shop, or whatever. Not very affective against the current climate of expensive, flashy, carpet-bombed TV/Radio/Internet ads - but in my little utopian daydream, those ads don't exist. ;)

      Anyway, you can't pass laws with an outdated, idealistic version of the government or society in mind without actually having that vision come true first.

      Absolutely true, and acknowledged previously...

      (Personally, I think that nobody (not individuals nor organizations) should be allowed to contribute money to candidates and political advertising should not be allowed... but I doubt we'll ever see that happen.)

    95. Re:Right of free speech + right of association by dryeo · · Score: 1

      You're looking at the wrong law. Now the limits about $1000 (as of 20007) adjusted for inflation (actually currently about $1100) and corporations, unions etc are not allowed to contribute at all. It is in the same paragraph in your link as your $5000 limit.
      Interestingly Canada first outlawed corporations making political donations in 1908, unluckily they didn't include a means of enforcing it for over 50 years.
      Also of interest is that the Green party gets about the same spending limit as the main 3 parties even though they have never elected a MP.
      Another link, http://www.mapleleafweb.com/features/federal-campaign-finance-laws-canada

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    96. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      Depends on the size of the soapbox. I can blast an email out to all my friends saying "Candidate A rocks because of Issues 1, 2, and 3." They forward to theirs, and so on. Cost? A few minutes per person. Or instead of email they talk about it at the coffee shop, or whatever. Not very affective against the current climate of expensive, flashy, carpet-bombed TV/Radio/Internet ads - but in my little utopian daydream, those ads don't exist. ;)

      Again, you take money out of politics, what really happens is those with media pull get attention and everyone else is ignored. Again, Ron Paul (love him, hate him, don't care about him) only got as far as he did because of money--he was ignored by the media, and he truly was as grassroots as they come on the national level, because his own party was sandbagging him.

    97. Re:Right of free speech + right of association by shutdown+-p+now · · Score: 1

      So you mean voters are easily influenced by propaganda

      Was this a rhetorical question? I mean, duh, of course they are!

      I'm not sure democracy is a good idea if merely allowing corporations to speak freely or donate money to politicians, when it's the individuals that ultimately do the election.

      See, it's like the free market. The basic idea is good, but it's prone to abuses. This doesn't mean that we have to throw away the whole concept, and replace it with 100% planned economy - that would produce a much worse result. No, instead, we patch up the glaring holes by regulation, but keep the system fundamentally free.

      Same thing here. That democracy is prone to abuses in the absence of any regulations, or when they aren't stringently enforced, is well-known for decades - remember Weimar Republic? However, every system that is not fundamentally democratic is even worse. So, we carefully patch the system to avoid large-scale skewing of results, by e.g. limiting the amount of donations.

    98. Re:Right of free speech + right of association by Un+pobre+guey · · Score: 1

      Hear, hear!
      I'm astonished and profoundly disconcerted that so many citizens can't see the extent to which this fucks us all over. What next? "Commercial speech" will be protected by the First Amendment and truth in advertising/lending laws and anti-fraud laws will be eliminated? SEC regulations will now run afoul of protection from unreasonable search and seizure, so publicly traded corporations will then be able to conceal all information about their books and corporate operations?
      This is very bad.
      I agree with the notion that corporations are not people, and do not have the same rights as people. They are not protected by constitutional rights given to people.

    99. Re:Right of free speech + right of association by interkin3tic · · Score: 1

      Right of free speech + right of association = right of groups, as corporations, to speak freely.

      Why SHOULD the rights combine like that?

      I think you as an individual have a right to assemble, and the individuals of that assembly have the individual right to speak freely. Why would we say the assembly has a right to free speech rather than the individuals who make up that assembly have a right to free speech?

      If we define "giving money to political campaigns" as free speech, then the individuals of the assembly can do that, from their own wealth. If comcast convinces all their employees that net neutrality is a bad thing and they should give campaign contributions to canidates who don't support it, that's free speech by individuals of an assembly that I have no problem with. If comcast's vast wealth were owned by one dude who really didn't like net neutrality, that's okay too I guess, he as an individual can give money as free speech.

      I see no reason the assembly, a corporation, should have free speech though, and should be able to give as much money as they want from their corporate bank accounts.

      Moreover, individual people having a right to say whatever they want tends to safeguard against tyrany. Citizens tend to speak out to the benefit of themselves, the citizenry. Corporations having a right to free speech, especially with reguards to campaign contributions I would expect to work AGAINST individual citizens, in favor of corporations. We didn't break away from tyranny of the state in favor of tyranny of corporations, we broke away for the rights of individuals*.

      (Since I'm a product of american high schools though, I realize I'm probably severely misinformed/deluded about that last part, so let's take that more of a -should have been- statement rather than a factual one.)

    100. Re:Right of free speech + right of association by jagapen · · Score: 1

      Right of free speech + right of association = right of groups, as corporations, to speak freely.

      Ah, but:

      Corporation = free association + special privileges granted by the government.

      I see no reason why special restrictions can't go along with special privileges. People are still free to speak as a group without the protection afforded by the corporate veil.

    101. Re:Right of free speech + right of association by shutdown+-p+now · · Score: 1

      They produce goods and services, and provide jobs, which are a pretty big deal in modern society. I think that qualifies them as entitled to have a say about the society within they function.

      Corporations don't do any of the above; people who form said corporations do all those things. Those people, as individuals, already have a say about the society withing they function. There's no reason why they should have another say via the corporation.

    102. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      I read up quickly on the methods Canada takes on this, because we actually have - what I would consider - sane laws on this subject.

      We limit individuals to a maximum $5000 donation. We limit corporations to a maximum $1000 donation.

      Finally, and most importantly, we limit the amount any campaign can spend. For a major federal election, it has to do with the last cycle's vote pull. The major parties generally have gotten around $20 million as a cap for any election.

      Contrast this with quotes I remember of saying that the 2008 presidential election in the states ran in excess of a billion dollars.

      Just for reference, if you guys down there ever feel like fixing your shit.

      Severely limiting the amount that can be spent on elections is a great way of guaranteeing a largely static ruling class since the power of incumbency is so great. So if love grovelling to the Lords and Ladies who are your betters, knock yourself out, but leave us to wallow in our own shit.

      I don't think $1Bn was spent on the last presidential election, but it may have been the total spent on all campaigns for national offices combined.

      The usual contrast is that $3Bn (? multiple billions anyway) or so is spent each year advertising potato chips in the US. Seen in this light, $1Bn spent in a campaign season is not much, really.

    103. Re:Right of free speech + right of association by ahabswhale · · Score: 1

      "The problem here, again, isn't that corporations can get a lot of pull with their financial resources..."

      But they do, so why do you pretend to ignore it? Yes, democracy isn't perfect -- there's no such thing as a perfect political system. However, it doesn't mean you can't tweak it to make it less disfunctional. And yes, I've heard all the slippery slope arguments but it's a sham argument used simply to eliminate ideas that are deemed to "sensible".

      Finally, stating "once you take the money out of politics it's the media that controls the elections" is an entirely different discussion. I'm not talking about elections. I'm talking about who has access to the politicians and can influence them.

      --
      Are agnostics skeptical of unicorns too?
    104. Re:Right of free speech + right of association by geekoid · · Score: 1

      Be careful , or we will come up there and fix your shit~

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    105. Re:Right of free speech + right of association by dryeo · · Score: 1

      The Americans have the same reasonable limits in practice. Their congress has passed lots of laws limiting free speech even though their constitution clearly says no laws. Examples include yelling fire in a theatre (used during the first world war to imprison people for passing out pamphlets critical of the draft), child porn laws (seems reasonable but still a restriction on free speech), various national security laws where people can't talk about things declared secret and of course the DMCA where they can't talk about breaking copy protection.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    106. Re:Right of free speech + right of association by Kohath · · Score: 1

      This isn't about donating to candidates.

      This is about spending money to get a message out. Publishing and broadcasting ideas tends to require spending money. Companies are now free to engage in this speech and spend their own money distributing and broadcasting it.

    107. Re:Right of free speech + right of association by Michael+O-P · · Score: 1

      Most unions are, quite obviously, industrial in nature. In both cases, their revenue comes from willing contributions of labor.

      Nope. I have union dues stolen from my paycheck each month to support whatever crap SEIU wants. They bribed Gray Davis into mandatory unionization for California state workers. This isn't a whine, since I know full well I could get a job elsewhere, etc. etc. But given the bullying nature of unions, I wouldn't call it "willing" contributions. More like extortion to keep a job.

      --
      I'm Peggy.
    108. Re:Right of free speech + right of association by Omestes · · Score: 1

      Why not get a non-UNION JOB then? Contrary to popular belief, no one is forcing you to join a UNION. Yes, often UNION JOBS have better pay and benefits, and yes UNIONs sometimes are dominant in some fields (though there still are non-UNION choices, albeit more marginal), but you still have the choice. If you don't like the UNION, quit. Period.

      Why are we capitalizing UNION again?

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    109. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      --So you mean voters are easily influenced by propaganda and are unable to consider the source?--

      Yes. A simple existence proof of this fact is called "religion".

    110. Re:Right of free speech + right of association by BitterOak · · Score: 1

      I read up quickly on the methods Canada takes on this, because we actually have - what I would consider - sane laws on this subject.

      We limit individuals to a maximum $5000 donation. We limit corporations to a maximum $1000 donation.

      That may be true, but all that has nothing to do with the issue the Supreme Court was deciding on. The issue before the Court, and on which they decided was not about campaign donations, but rather about issue ads being run before an election. So for instance, if one candidate opposed abortion, say, and the other supported the right to abortion, there would be a limit on how much money a corporation could spend on anti-abortion ads, for instance. The U.S. has limits on donations to campaigns just like Canada does.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    111. Re:Right of free speech + right of association by nine-times · · Score: 1

      Seems to me more like:

      the right to free speech + right of association = right of members of an association to speak freely.

      I don't see why the group itself should get special rights above and beyond what their individual members have.

    112. Re:Right of free speech + right of association by dryeo · · Score: 1

      You're right, the more money involved in marketing the easier to get your candidate elected. This is especially good for non-Americans as all they have to do is open a subsidiary in the States and eg the Chinese can finance their candidate. Especially if they buy out all the media to make sure that the oppositions message doesn't get out.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    113. Re:Right of free speech + right of association by JacksBrokenCode · · Score: 1

      Again, you take money out of politics

      Again, not arguing that this is unlikely. I never said this is going to happen, just my little dream...

    114. Re:Right of free speech + right of association by Anachragnome · · Score: 1

      "Right of free speech + right of association = right of groups, as corporations, to speak freely."

      Well put, but still flawed in the bigger picture.

      The problem here is not freedom of speech, but rather the speech of money. Money talks. We all know this. Equating one with the other, as equals, is disingenuous...and dangerous.

      The problem lies in the fact that Corporations have far more money then the average citizen. In short, this takes the power of a vote and throws it out the window until such time you can buy another, much larger one. It devalues the vote of each individual citizen, if by no other mechanism, by dilution.

      On a more base level, this essentially allows individuals to "double vote" by adding corporate contributions on top of INDIVIDUAL contributions.

      The exchange of "favors" and pork-swaps should also be patently illegal for the same reasons.

    115. Re:Right of free speech + right of association by Nexus7 · · Score: 1

      You say:
      "The fraction doesn't have to be 50%, much less 100%. Most corporations are in fact governed by the opinions of a few dozen people that have bonuses dependent on a variation in the corporate income a few percent per year."

      Hmmm... looks like there's an equal protection argument that can be made against this ruling.

    116. Re:Right of free speech + right of association by Kismet · · Score: 1

      Some may consider this to be sound logic. But is it?

      In this case, I believe that the purposes and methods of association are important to consider.

      We have a right of association, but not all ways of associating are equal. We have a right to speech, but not all ways of speaking are equal. Thus, just as not all speech is protected, not all association is protected.

      It must be examined in what ways the exchange of money for political favor constitutes "speech." Is it speech? Is it bribery? Should it be protected or restricted?

      Suppose a corporation issues a statement or argument in favor of a political agenda. Is that the same thing as donating a large sum of money to a candidate who may feel obligated to "honor" the goodwill by reciprocating with specific votes or legislation?

      Is speech still free when the only kind worth listening to comes with dollars attached to it? Does that give everyone a voice? There is only one effective type of association when "anything goes": the one made for profit.

    117. Re:Right of free speech + right of association by BlueStraggler · · Score: 5, Insightful

      Actually your having helped earn the profits is irrelevant, the profits are not yours...

      It is actually hugely relevant. Corporations are anti-democratic, semi-feudal domains that assign all ultimate rights to an ownership class. Everyone else is a serf, who either works silently or is evicted from the estate. SCOTUS has decided that this sort of entity is a first-class participant in a modern democracy, which is disgusting, but then again, I'm not an American, so I'm a bit behind the times. In my own admittedly backwards country, the only legitimate participants in a democracy are citizens who can vote.

      Corporations, shareholders, and boards of directors do not have democratic interests. The corporation itself is merely a legal proxy for the purposes of sharing property and liability. To the shareholders, the corporation is a money-making investment, like real estate or gold. It doesn't make sense to give your condominium the right to interfere in political debate, so why would you do such a thing for any other piece of investment-grade property? The directors do not share the interests of their corporations; they are duty-bound to ensure that shareholders get proper value from their investments, that is all. They are perfectly capable (in fact, are probably more capable) of ensuring that shareholders don't get defrauded if they treat their corporation like an untrustworthy, slightly dangerous animal, not like their liege lord.

      Corporations do, however, have some inherent interests of their own that cannot be projected by proxy onto any of their human servants. For example, they are immortal. They can also reside in many cities and countries simultaneously. They are invulnerable to both conventional and nuclear weapons. They use these attributes to skirt and abuse laws that were designed for humans who have none of these characteristics. You know that these same corporations that are claiming the rights of people in the USA, will also be claiming that they are not governed by US law when it comes time to pay taxes or clean up their environmental messes.

    118. Re:Right of free speech + right of association by SETIGuy · · Score: 0, Troll

      Actually your having helped earn the profits is irrelevant, the profits are not yours... The profits belong to the stockholders(or owners in a non-public company) and the corporation represents their interests NOT your interests.

      Does anyone who has seen corporate executive pay structures truly believe this? The "corporation" represents the interests of the executives and the board. The laws governing corporations are set up to minimize the effect shareholders have on the makeup of the board or its decisions.

      When financial services corporations are paying their executives 50% of revenues (that right, revenues, not profits) it's hard to believe that the interests of shareholders enter into the picture anywhere, other than as another creditor to dump when you declare bankruptcy.

    119. Re:Right of free speech + right of association by PopeRatzo · · Score: 1, Troll

      They produce goods and services, and provide jobs, which are a pretty big deal in modern society. I think that qualifies them

      No. Making a profit "qualifies" a corporation for exactly jack shit.

      Very specifically, corporations lack some very basic properties of "persons" such as conscience. This alone completely disqualifies them from any civil rights.

      Especially transnational corporations, who have absolutely no allegiance to any individual nation or government or society. Why in the world would you want a Saudi corporation or Chinese corporation or Iranian corporation to have a "say" about our society? So why would you want a completely amoral transnational to have any say?

      How about this: A corporation can have a say in our society until you move one job off shore or one dollar into a foreign bank or sell one product overseas. Then, you get absolutely no say because your allegiance is no longer to our society.

      How about this?: People can spend their money any way they want regarding political speech. Corporations can not. If those skeevs at "Americans United for Mom, Families and Mercury in the Water Supply" want to support a candidate, then each one of them can write a check individually. They are still free to assemble as the first amendment says. They are free to say anything they want. They are not free to buy government.

      Speech is something that all people can participate in equally. Money is not.

      When the founders wrote the Declaration and the Constitution, believe it or not, money had already been invented. Corporations had already been invented. They left money and corporations out of the First Amendment because they wanted it that way.

      It's amusing that people who would think of themselves as "Constitutional originalists" when it comes to fictions like the "right to carry handguns" and "the right to have the US military wear bible verses on their hats" all of a sudden believe that they have to "fill in the blanks" in the First Amendment.

      --
      You are welcome on my lawn.
    120. Re:Right of free speech + right of association by Shatrat · · Score: 1

      The guy who ignored campaign finance reform won and I think that says a lot about voters and politicians opinions on the subject..
      We may as well give up on sanitizing where their money is coming from.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    121. Re:Right of free speech + right of association by rbrander · · Score: 1

      Yes, I actually knew that. My sentence about "the source of the rights" didn't refer to the document that articulates them to the human-created entity (the federal government) charged with protecting them.

      I was referring to the Deity. To "those of a religious bent".

      The French, in their equivalent, used the phrase "The NATURAL rights of Man and the Citizen", dodging around the "Creator" term.

      Those of us with other bents (ask my friends, I'm bent indeed), we still agree that there's just something special about human beings, we just believe they have a natural right to live, that somebody who takes human life away without the justification of protecting other human lives, is doing a Wrong.

      A corporation, on the other hand, we'd dissolve ("kill") without shedding a tear, if it did something like running a sweatshop or defrauding old ladies, not capital crimes for the human directing them. Courts do it every day. So do the people that own them if the corp. stops making them money or doing whatever other job they had for it. Nobody charges them with murder.

      And, man, if something doesn't have a right to LIFE, it sure as hell has no "natural right" to anything else.

    122. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      So you mean voters are easily influenced by propaganda and are unable to consider the source?

      Consider Scott Brown and Massachusetts. How do you think he won the bluest state in the nation?

      Because Republicans were able to completely drown out his opponent. In this case, they were helped by the fact that Democrats basically didn't bother trying to campaign at all, but the bottom line is that those spending the most money completely controlled the discussion.

      And from two years ago: Barrack Obama. How do you think he won, beating more experienced Democrats in the primaries? He was able to raise far more funds than his opponents, so voters never heard any other candidates' message. And he was able to continue that straight to election day.

      So, yes. I'd say that voters are in fact easily influenced by propaganda.

      And even if they aren't "easily" influenced, those who can afford the most can simply drown out anyone else by repeating their message the most frequently and the loudest. It worked for Scott Brown, it worked for Barrack Obama, and it will work in the future.

    123. Re:Right of free speech + right of association by jmorris42 · · Score: 3, Insightful

      > Why not have it this way...by constitutional amendment. The funding for the political candidates
      > (parties and all) are strictly from a fixed public funding scheme. That keeps them equal in
      > everything but planning how best to use the funds and what they have to say.

      Are you insane or just really stupid? Sorry to flame but really. So only the candidates can speak during election season? And only with a very fixed budget.

      So the press must cease all coverage of political races during election season, instead airing only paid advertising? Debates would be paid advertising from the candidates budgets. All politically themed Internet sites, bloggers, mailing lists, etc. not paid for by a candidate would be go silent during campaign season. No book, movie, documentary, etc. that can possibly be contrued as having a political theme that could impact on a race could be published or aired during campaign season. Is that really what you are arguing for? Because if you aren't your scheme becomes an Epic Fail and if you are you have zero clue what being an American is about.

      --
      Democrat delenda est
    124. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      Yeah, you're going to get 2/3rds of both houses to support those. You're more likely to get the states to call a constitutional convention, but not by much.

    125. Re:Right of free speech + right of association by Dave+Emami · · Score: 1

      If you voluntarily join a group with the intent of having your opinions heard through the voice of others in that group, that is one thing.

      Just because a group is formed for reasons other than expressing an opinion, doesn't mean it doesn't have opinions or the right to express them. For instance, I would expect the vast majority of communications by the ACM, AMA, or IEEE are among its members on topics relating to computing, medicine, or electrical engineering, respectively. But that doesn't mean they have less of a right to political speech if they can agree on a message.

      It seems entirely another thing to have the political leanings off my boss amplified through corporate profits which I help earn, whether I like it or not.

      Your status as an employee should not per se give you any influence over what political donations a corporation makes, any more than it should, per se, give you influence over where it buys its supplies or what other employees it hires. Whether that's a good policy for it to undertake is a different question, but when you exchange your labor for pay, you have no more right to tell the company what to do with what you make for them (profits, tangible assets, whatever) than they have a right to tell you how to spend your paycheck. The labor (and its effects) are now theirs, the money is now yours. The relevant group here is "stockholders" not "employees." And if a political candidate is running for office, advocating a policy that would harm the company, it would be remiss in its duty to the stockholders not to advocate against him.

      --

      "The Greens lynched a hacker in Chicago. Last month, but I think the body's still hanging from the old Water Tower."
    126. Re:Right of free speech + right of association by SETIGuy · · Score: 1

      Because of their Corporate structure, are you arguing that Congress could make laws regulating their news reporting or election coverage?

      Not only could, but should. Spreading lies as news, especially political lies, should subject them to penalties.

    127. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      ...teabaggers, gays...

      "Huh huh, huh huh, huh huh"

      "Shuttup, Beavis!"

    128. Re:Right of free speech + right of association by NeutronCowboy · · Score: 3, Insightful

      It really isn't. Sadly, unions have become little more than corporations within corporations. This is why I love right-to-work states, where no one can make me join a union.

      --
      Those who can, do. Those who can't, sue.
    129. Re:Right of free speech + right of association by BlueStraggler · · Score: 1

      It has always amazed me how many people don't understand representative democracy.

      When you are a citizen in a representative democracy, you get to vote for your leadership, but you don't get to opt out of your taxes when the other guy wins. It's the same for federal, state, and city governments, but as soon as you migrate the same principles into the workplace, everyone complains that unions are running some kind of antidemocratic scam. Here's how democracy works: Vote or shut up. And pay your dues either way, or lose your rights.

      Once you realize that your union boss is your workplace "government", you'll understand that his political leanings are in fact one of the most important aspects of his job, as with every other elected government official that you pay attention to. The system has all kinds of flaws, but as Churchill said, the only thing worse is every other system that has been tried. Incidentally, corporatism is one of those other systems, which is why they should be treated differently than your union.

    130. Re:Right of free speech + right of association by Terwin · · Score: 2, Insightful

      There might be a little less of that 'anti-intellect bias' if the self-proclaimed intellectuals did not spend so much time looking down their noses at those who prefer learning practical skills as opposed to esoteric ones, and stop considering everyone who chooses physical labor as ignorant. Painting them as racists does not help much either.

      For example, I know one lady who has a part-time job taking care of plants at home depot. She also works in the Anthropology department of the State University and is pursuing a graduate degree in forensic anthropology. But many of people who see her taking care of the plants at home Depot probably think she is just some ignorant farmer...

      My sister has a degree in Mechanical Engineering, Spent a tour of duty in the Air force working on the next generation cruise missile, and now is a farrier and farmer.

      If you look past those labels you have pasted on them, you might find you have much more in common that you ever thought...

    131. Re:Right of free speech + right of association by physicsphairy · · Score: 1

      It seems entirely another thing to have the political leanings off my boss amplified through corporate profits which I help earn, whether I like it or not.

      (1) It's not whether you like it or not--you can work where you please. But that is besides the point because the company *reimburses you* for what you contribute. I don't see why you think you have earned some additional right to dictate their actions by virtue of fulfilling the contract they paid you for.
      (2) The real "pool of interests" is the shareholders, and if we were going to ok all political spending except by corporations, theoretically the shareholders can give themselves dividends and contribute that directly to a PAC created to represent the corporation, having the same result. Basically, a corporation *is* an interest organization (with itself as its interest) and you just happen to be a secular contractor.
      (3) If the government can restrict speech at all, it can restrict speech disproportionately. It could say "big oil and medical organizations can spend on political ads but labor unions and movie companies cannot" fixing it so that Republicans tend to reap the benefits, or vice versa. The question is not whether corporations wielding influence is a good or bad thing--it's whether you want the government to have any jurisdiction over private speech in the first place. There are lots of instances where you could probably do a lot of "good" by shutting some people up. Personally, I'm pretty comfortable with the SC's idea that, if you really want to add a provision to America's free speech clause, it will have to be done by a constitutional amendment, not by the whim of the legislature.

    132. Re:Right of free speech + right of association by Omestes · · Score: 1

      Wait... Looking at Canada, I don't see your argument to be correct. Canada is not a country with a static ruling class or great aristocracy, which you state would be inevitable if a country adopted rules such as Canada's. Being that Canada has there rules, and Canada is nothing like you state it should be, I think your theory is off.

      Actually Canada's political system looks a bit healthier than the US's, so that might be a bit contrary to your grand theory.

      The problem with astronomical sums of money being necessary to play in politics is that it kills the voice and chances of the little guy, you know the person who actually shares some common experience with the other 90% of us. It also guarantees that any elected official we have will have to be in the pocket of some wealthy donor, which generally isn't conductive to a healthy democracy. What we have now is basically a government run by obvious, open faced, bribery.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    133. Re:Right of free speech + right of association by gwdoiron · · Score: 1

      Your point is terribly misplaced, since citizens do not make the laws. Elected representatives make the laws. Corporations do NOT (well, as far as I'm aware) make contributions to citizens who are not elected officials (or potential elected officials). The issue here isn't "buying off the general public", it's "buying off our elected representatives". Too bad you are too conservative to see that.

    134. Re:Right of free speech + right of association by peterflat · · Score: 1

      So I guess you'll vote for MonsantObama in 2012?

    135. Re:Right of free speech + right of association by metrometro · · Score: 1

      Canada's anti-corruption laws are a mess. I'm sorry, but there's a halo effect around their largely progressive social policy and largely sane foreign policy, that makes people think they are a model state. Empirical findings disagree: http://report.globalintegrity.org/Canada/2008

      They're not terrible. Just not all that good.

    136. Re:Right of free speech + right of association by Rob+the+Bold · · Score: 1

      You'd have an argument if corporations could themselves vote, but they cannot--that power is retained soly [sic] by individuals. Corporations should be treated like any other -group-, which means, collection of individuals, whom may even form a group around political issues. Any ill effects of corporations using money to spread messages is ultimately due to "the people" that accepted that message.

      Is a corporation a "group" made of members, or an entity owned by other entities (which may be people)? I would argue that it is owned, since that is the relationship between shareholder and corporation.

      Likewise, I can own a chair, but no one argues for the chair to have freedom of speech. For that matter, I can own a share of a chair with a group of others. We could even form a "chair owners" club. But the club and the chair would be separate things.

      But owning a chair is a silly example. Even if a chair had civil rights, it couldn't use them, and it certainly doesn't make any money to buy a newspaper ad or a TV commercial or make a campaign contribution. So what about a moneymaking object? How about a gumball machine? It has owners. It sells stuff. It makes money. Why not call it a corporation?

      Here's the crucial question: is the gumball machine the group of owners?

      --
      I am not a crackpot.
    137. Re:Right of free speech + right of association by Rob+the+Bold · · Score: 1

      For what purposes, really, should a corporation be given the rights of individuals? They aren't an individual. They are a tool created to maximize profits.

      True, although to be fair, a corporation is a legal fiction created with the ability to do business -- own stuff, enter into contracts, etc. -- to enable a particular type of commerce. We allow this because pooling resources to do bigger stuff seems to promote general prosperity. However, I do not see why we need to grant these legal fictions any additional rights above what are needed to do business. To do so cheapens humanity without offsetting benefit.

      --
      I am not a crackpot.
    138. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      Snap!

    139. Re:Right of free speech + right of association by joebok · · Score: 3, Insightful

      I am not whining because my boss and I have different political views. In fact, I applaud that - that is what it means to live in a free country.

      Just because I associate with somebody for the purposes of earning wages does not mean I should be compelled to give them a proxy to my right of free speech.

    140. Re:Right of free speech + right of association by aaandre · · Score: 5, Insightful

      I've got strip malls to build people.

      And we love you for that. We are total whores for the lower priced lower quality crap your minimum wage employees will sell to us! And by buying it, we vote for you!

    141. Re:Right of free speech + right of association by aaandre · · Score: 1

      I'm perfectly fine with "corporation being a person" as long as if a corporation is sued, and loses, everyone in the corporation goes to jail, with sentence prorated to their decision-making power. Right now corporation is an immortal, invincible, un-accountable person with no morals, no compassion, unlimited resources and mandated to act with infinite greed as the only advisor. Such people are unsafe for human society.

    142. Re:Right of free speech + right of association by Delwin · · Score: 1

      Why is free speech being given to an entity that cannot by it's nature vote?

    143. Re:Right of free speech + right of association by Le+Marteau · · Score: 1

      By that logic, then, no organization should have any say about how society functions. Unions, think tanks, schools, churches, the dreaded "special interest groups" :: eek!! ::

      --
      Mod down people who tell people how to mod in their sigs
    144. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      Senators are already essentially elected directly by the people since each state has already passed legislation that determines the winner of a senate race by who gets the biggest majority/plurality of the state's election.

      They may have legislation that does so, but that legislation is essentially permitted by the 17th Amendment that replaced the previous requirement that the state's legislature select senators.

      But if you think this health care bill has been difficult to pass, it probably would be nothing compared to how difficult it would be to pass an amendment

      I can see it now: the amendment would start out as simply "Corporations are not Humans, and do not have rights" and by the time it gets enough "support" Obama-style, it ends up "Corporations, pedophiles, suspected terrorists, illegal aliens and anyone outside of the US are not Humans, and do not have rights". And then it dies and everyone goes home and tells their constituents "hey, I tried".

      We'd probably have more luck trying to convince 2/3 of the states to call a convention.

    145. Re:Right of free speech + right of association by northstarlarry · · Score: 0, Redundant

      You've got my vote. Well-written! (Also, do you have a newsletter I can subscribe to?)

    146. Re:Right of free speech + right of association by shutdown+-p+now · · Score: 1

      By that logic, then, no organization should have any say about how society functions. Unions, think tanks, schools, churches, the dreaded "special interest groups"

      Indeed, and wouldn't that be grand?

    147. Re:Right of free speech + right of association by Prien715 · · Score: 0, Troll

      You elect your union leaders, whether you choose to vote or not.

      Your corporate leaders are chosen by the board (rich shareholders)...and that's only in the case of a publicly traded company. Otherwise, it varies from Nepotism to Bobs-your-uncle.

      I see very little problem in elected leaders representing people. But hey, that's why I like democracy.

      --
      -- Political fascism requires a Fuhrer.
    148. Re:Right of free speech + right of association by ClosedSource · · Score: 1

      I'd have no objections if corporations were treated like any other group:

      No corporate tax breaks
      No exemption from usury laws
      No shielding of personal responsibility

      My guess is that the officers of most corporations would prefer to continue to be treated differently than other groups when everything is on the table.

    149. Re:Right of free speech + right of association by arminw · · Score: 1, Insightful

      ...The power needs to lie with the people, not the organization....

      So when people organize themselves together, should they not be allowed to pool their resources and speak with one voice? There's an old saying: United we stand, divided we fall.

      What are corporations anyway? Are they not simply groups of people that organize themselves together to do business? Should people, as soon as they organize themselves together as a group not be allowed to speak freely, just as they would if they were individual? Do you know of any corporation, that is not run by flesh and blood people?

      --
      All theory is gray
    150. Re:Right of free speech + right of association by DragonWriter · · Score: 1

      Replace "corporations" with "unions", "political parties", or "individuals". If your opinion changes, then your logic is faulty.

      I disagree. One of these is not like the others. Individual rights are different from rights of entities that exist as "persons" only as a fiction of law, and granting rights equal to those of the former to the latter necessarily destroys the equal rights of individuals, since those entities are always agents for individuals, so weighing their rights equal to those of individuals necessarily gives some individual greater rights by virtue of their involvement with entities which are treated as persons.

    151. Re:Right of free speech + right of association by jmrives · · Score: 1

      Unless you are referring to the corporation's Board of Directors, do not confuse a corporation with it's employees. A large corporate entity is made up of a significantly small number of decision makers with regards to election campaign contributions. It is a fairly safe bet in most -- if not all -- situations, that the decision made by that significantly small number of people does not in any way represent the preferences of many of the company's employees. If this were truly a case of "right of association", the decision as to which candidates to support in a given election would be something in which ALL members of that "association" could participate. We all know that this is not the case.

    152. Re:Right of free speech + right of association by Buzz_Litebeer · · Score: 1, Interesting

      This is different.

      companies own everything, if you dont get in line your fucked.

      But now those companies only follow the will of their shareholders, that aint the employees.

      I work at a soul crushing place, I dont agree with their corporate or political policies, i work there because they pay me better than the competition and if i wouldnt work there I could go work for someone else with the same ideals as them, or i could simply not work or get into some kind of left wing low paying job.

      --
      If you don't vote, you don't matter, so don't waste your time telling me your opinion
    153. Re:Right of free speech + right of association by yndrd1984 · · Score: 1

      That's why it's a violation of my liberty that I can't bribe my way out of traffic tickets. That I can't buy my way into a medical license. That I can't pay a judge to kick you off your home.

      No. What would be a violation of your liberty is making it illegal for you buy billboards saying "Raise the Speed Limit on 3rd Street", "More Rights for Midwives and Nursing Practitioners", or "Protect Eminent Domain Now!".

    154. Re:Right of free speech + right of association by SnapShot · · Score: 1

      Bzzt. Straw man alert:

      Because of their Corporate structure, are you arguing that Congress could make laws regulating their news reporting or election coverage?

      Reality: The 1st Amendment explicitly protects freedom of the press. This recent travesty from a corporatist supreme court has nothing to do with Freedom of Press, it's about claiming that corporations are persons with an equal right to free speech.

      --
      Waltz, nymph, for quick jigs vex Bud.
    155. Re:Right of free speech + right of association by lgw · · Score: 2, Insightful

      So to you, Frredom of the Press mean "Freedom to print what SETIGuy thinks is the truth"? Freedom to print what the Party in Power agrees is the truth? There's a Soviet Russia joke in there somewhere ...

      Eveything in politics is lies. There is no truth to be found - it's all advocacy. Freedom of the press means that anyone who owns a press can tell any lies they want to, short of actual libel (and the bar for libel in political speech is rightfully extremely high).

      --
      Socialism: a lie told by totalitarians and believed by fools.
    156. Re:Right of free speech + right of association by arminw · · Score: 1, Insightful

      ....What SCOTUS got wrong is the idea that spending money = free speech...

      Now, that was not the issue. Besides they got that exactly right. Money does equal speech, because without money a real flesh and blood person or a group of such persons cannot speak in the media. It costs money to distribute information, just like it costs money to distribute physical goods. It costs money to distribute political information. So yes, speech definitely equals money. It always has and always will. Therefore, somebody with money will always be able to speak to more people than somebody without. It's really very simple isn't it?

      --
      All theory is gray
    157. Re:Right of free speech + right of association by TheSync · · Score: 1

      Corporate and union political advertising is legal in Canada.

      Under the Canada Elections Act, a corporation or union that may be a third party political advertiser. If they spend over $500, they must register with Elections Canada and include a copy of the resolution passed by its governing body authorizing it to spend money on election advertising.

      A third party may spend a total of $150,000 on election advertising. It cannot spend more than $3,000 on advertising to promote or oppose the election of one or more candidates in a given electoral district.

      More info here.

    158. Re:Right of free speech + right of association by Chris+Burke · · Score: 1

      ....And how is this different from having the political leanings of my UNION boss amplified through UNION DUES which I have to pay, whether I like it or not?

      You could vote in a new union boss.

      I have no say in who is my CEO.

      --

      The enemies of Democracy are
    159. Re:Right of free speech + right of association by lgw · · Score: 1

      Do you believe that a group of voters should be allowed to pool their resources to support advocacy of a position? Should such a group be forbidden from forming a corporation to do so? Do you believe a "normal" corporation wouldn't see the obvious work-around, and give to poliical candidates though its board members instead of directly?

      Do you believe in freedom of the press? Do you believe that the owner of a press should be allowed to expend more than $25 in resources to advocate a political position? Do you believe a group of people should be prohibited from collaborating to own a press and use it for advocacy? Even if they don't form a corporation?

      I don't think you've actually thought this through. Do you really think it's OK to stand on a soapbox and advocate a position, but not OK to pay someone more charismatic than yourself to do so? Is is some how more fair that you're limited by your personal public speaking ability instead of your personal money?

      --
      Socialism: a lie told by totalitarians and believed by fools.
    160. Re:Right of free speech + right of association by arminw · · Score: 2, Insightful

      ...Corporations, shareholders, and boards of directors do not have democratic interests....

      That is plainly an utterly false. All corporations that I have ever heard of are run by people. Corporations do not vote, only people, including their employees vote. Corporations can only persuade people to vote. The very word corporation comes from corpus which means body. A corporation is a body of real-life voting people, who have some sort of common bond. The right of people to form a common bond group is just as fundamental as the right to speak.

      --
      All theory is gray
    161. Re:Right of free speech + right of association by BlindRobin · · Score: 1

      Can we get a "-1 Wrong" moderation option?

      And you're up as a recipient.

    162. Re:Right of free speech + right of association by Xyrus · · Score: 1

      Repeat a lie often enough and soon people will believe it is the truth.

      How can the average citizen fight back against a corporation? How can Joe Sixpack run for Senator when Jane Doughnut has Big Oil buying out the airwaves for her? Will anyone even know Joe Sixpack is running?

      The direct result of this is corporate interest will win. Republican or Democrat, candidates will cater to their corporate sponsors. Remember Steven Colbert's campaign for presidency sponsored by Doritos? WELL THAT'S WHAT'S GOING TO FUCKING HAPPEN!

      Unless you got boatloads of your own cash there is no way to fight a multi-corporate propaganda machine. Think about the RIAA or the MPAA. Jumpin' Jesus in a trash compactor, think of fucking Fox News!

      We will see how this plays out this fall. You might want to get your cable disconnected.

      ~X~

      --
      ~X~
    163. Re:Right of free speech + right of association by northstarlarry · · Score: 1

      I strongly disagree with this decision. I also really like the Sierra Club, but I think the Club should be subject to restrictions on political advertisements just like every other group. An organization doesn't have the same responsibilities or liabilities as an individual person, and it doesn't have the rights of an individual person.

      The "corporate right to free speech" idea has always disgusted me. A corporation (or any other group) exists because of individual persons' freedoms and rights to assemble. It is itself a right of persons. It does not accrue rights to itself.

      An aside: what I'd really like to see (and I suppose I will in the coming months) is someone try to defend "corporate free speech rights" while denying "corporate voting rights". I don't know how you can cogently argue that an entity must have one fundamental right, but not another. Someone will try, because this decision is of course just a backdoor to that anyways but needs to be covered up as such; I doubt that much of the citizenry would be very happy about GoldmanSachs having a Senator.

    164. Re:Right of free speech + right of association by DragonWriter · · Score: 1

      The new "corporation is a legal person" doctrine, which the Union got along very well without for nearly 200 years

      The "corporation is a legal person" doctrine predates the United States; its pretty much the purpose of having corporations as distinct from individuals doing business as individuals or partnerships. But there have generally been distinctions between the treatment of natural persons and different classes of juridical persons in many areas of the law.

      The idea of corporations as persons specifically invested with Constitutional rights in their own right may be newer, but that's a special application of the idea of corporations as legal persons, not equivalent to the much older general concept.

    165. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      I'd be tempted to agree with you, but other types of groups receive special protections and statuses as well. Charities and non-profits also get tax exemptions and I argue they, too should also be allowed to speak on political matters--I'll be frank and straight up say I hate religion, but preventing churches from supporting political candidates is pretty abhorrent. Non-profits also must remain nonpolitical, even though a particular politician's agenda may be exactly what the group is fighting for. Sure, they can support the issue, but since politics are so polarized it's not like it's functionally that different anyways--and, again, churches and non-profits don't vote, either, individuals do.

    166. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      Because it is composed of entities whom can. You want to take away free speech from the EFF, churches, political parties, etc?

    167. Re:Right of free speech + right of association by mjwx · · Score: 1

      because it essentially lets rich corporations decide our laws.

      But Dr Evil, that has already happened.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    168. Re:Right of free speech + right of association by virg_mattes · · Score: 1, Insightful

      That is plainly an utterly false. All corporations that I have ever heard of are run by people. Corporations do not vote, only people, including their employees vote. Corporations can only persuade people to vote. The very word corporation comes from corpus which means body. A corporation is a body of real-life voting people, who have some sort of common bond. The right of people to form a common bond group is just as fundamental as the right to speak.

      The breakdown here is that the right to form a common bond only relates to allowing corporations to spend on campaigns if the corporation's employees are all owners. The problem is that allowing a corporation to finance campaign stuff allows the owners of the corporations to "double-dip" the laws. The owners can donate personal funds to the maximum allowed, and then dump more of the corporation's money into the pot as well while the non-owner workers can't direct any portion of the corporation's money to their own choices. This circumvents the idea that rich people shouldn't have more chance to influence elections than poor people. By limiting corporations from contributing separately from the corporation's owners, the balance of incoming funds is better preserved.

      Virg

    169. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      No, it means democracy, under the premise that voters are rational enough to make informed decisions, simply cannot work ideally. You can't "tweak" it so it does, and by doing so, by trying to alter what the public sees and hears, you are promoting a particular agenda anyway.

    170. Re:Right of free speech + right of association by northstarlarry · · Score: 1

      By that logic, then, no organization should have any say about how society functions. Unions, think tanks, schools, churches, the dreaded "special interest groups"

      Indeed, and wouldn't that be grand?

      Yes, that sure does sound nice to me too. /me closes eyes, sighs dreamily

    171. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      Heh.

      Do note my question was rhetorical--the answer is obvious, and yet the answer to that question is a pretty harsh blow to the premises democracies operate under.

    172. Re:Right of free speech + right of association by g1zmo · · Score: 1

      It's amusing that people who would think of themselves as "Constitutional originalists" when it comes to fictions like the "right to carry handguns" and "the right to have the US military wear bible verses on their hats" all of a sudden believe that they have to "fill in the blanks" in the First Amendment.

      Amusing isn't the right word....

      --
      I have found there are just two ways to go.
      It all comes down to livin' fast or dyin' slow.
      -REK, Jr.
    173. Re:Right of free speech + right of association by mattack2 · · Score: 1

      Why is it *not* free speech?

      I like this politician and support their ideas -> I donate to their campaign. Since the law has treated a corporation "like a person" for a long time, limiting corporate (or personal) donations is a limitation of free speech.

      Note, since money can/does influence people, I think that donations should be made public (regardless of size). So if the people want to infer that an oil company's $1 billion donation to the campaign of a "green" candidate makes them likely less green (except with money) than they seem, that's perfectly fine..

      (BTW, the campaign finance reform issue is a major thing I didn't like about McCain, even though I think Obama probably agrees with all of McCain's stances on it, at least he didn't make it such a big issue.)

    174. Re:Right of free speech + right of association by shutdown+-p+now · · Score: 1

      You can't "tweak" it so it does, and by doing so, by trying to alter what the public sees and hears, you are promoting a particular agenda anyway.

      Only if it is altered in a way that depends on the meaning of information that I restrict from reaching the public - i.e. if I set limits on donations by people subscribing to ideal A, but not B. If all information flow is equally restricted, I'm not promoting any particular agenda.

    175. Re:Right of free speech + right of association by ClosedSource · · Score: 1

      Well, I think these other groups shouldn't have special consideration either, but corporations are king when it comes to special treatment.

      BTW, I forgot about bankruptcy. Compare the ease with which a corporation can go bankrupt compared to an individual. Where's the waiting period? What happened to the mandatory financial counseling? Why should a corporate mortgage be covered?

    176. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      Or maybe Obama was able to receive more funds BECAUSE HE WAS ALREADY MORE POPULAR.

      Obama had an image about him--an image that was and is totally false--that he was "different" and that he is intelligent (that he is). Obama is establishment through-and-through, but the Obama mythos that existed prior is what got him elected.

      That money didn't come from nowhere.

      Also,

      Because Republicans were able to completely drown out his opponent. In this case, they were helped by the fact that Democrats basically didn't bother trying to campaign at all, but the bottom line is that those spending the most money completely controlled the discussion.

      And then you turn around and conclude it was just money...?

      Regardless of who raises more money, it's the voters that are responsible in the end, and if the voters are so easily influenced then they are merely getting the government they deserve!

    177. Re:Right of free speech + right of association by yndrd1984 · · Score: 1

      You see not a word about "giving money to..." or "buying..." or "political contributions" in that famous amendment.

      So you wouldn't have a problem with the government banning the buying and selling of presses (and other kinds of media)? Or preventing you from paying people to run them? Next you'll say the Sixth Amendment's "Right to Counsel" doesn't mention money, so I can't hire a lawyer; or the Second Amendment's right to "bear Arms" only means I can keep the ones I make myself, not buy them; or ...

      The notion that money=speech

      Money and speech are different things, but some kinds of communication are very difficult to use without an exchanging of money happening somewhere along the line. By making it illegal to spend money on those kids of communication, the government is effectively banning it.

      and that corporation=person or even that organizations have the same civil rights as individuals does not appear until ...

      ... people needed to be able to sue corporations, and the law said you could only sue a "person". That's why it's called a "legal fiction" - it's not to be taken literally.

    178. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      I'm not "conservative" at all (ooo bogeyman word! There's a "conservative" under your bed, kiddies!) and believe in far more radical change than either parties do.

      If big interests are "buying off" politicians (that is not the issue that even came before the Supreme Court, read the article!) then perhaps voters are electing the wrong one. But of course, voters don't want to take any responsibility themselves.

    179. Re:Right of free speech + right of association by g1zmo · · Score: 1

      So the press must cease all coverage of political races during election season, instead airing only paid advertising?

      What if this already happened and no one noticed?

      Seriously, from the mindless blabber that I've seen passed off as in-depth analysis during election seasons, I might be OK with hearing only what comes directly out of each camp. Certainly no worse off.

      --
      I have found there are just two ways to go.
      It all comes down to livin' fast or dyin' slow.
      -REK, Jr.
    180. Re:Right of free speech + right of association by arminw · · Score: 0

      ....corporatism is one of those other systems, which is why they should be treated differently than your union.....

      Why? Are not both of them simply groups of people for different purposes? Why should the purpose for which a group gets organized make a difference? Neither unions nor corporations who are churches or whatever other groups people might form vote. Only individual flesh and blood people vote. If a group gets together for the sole purpose in trying to lobby people to vote a certain way, what's wrong with that?

      --
      All theory is gray
    181. Re:Right of free speech + right of association by northstarlarry · · Score: 1

      No. The group is a right of individuals. The group does not have rights. Only individual persons with individual responsiblities have individual rights.

    182. Re:Right of free speech + right of association by ravenshrike · · Score: 1

      http://www.youtube.com/watch?v=6QjOI7bj5ks

      G'job, you and Tim Robbins agree on something.

    183. Re:Right of free speech + right of association by ravenshrike · · Score: 1

      Actually shit for brains, their are plenty of states with laws on the books that if a mere majority of people in a workplace want to form a union, everybody else either joins up or quits.

    184. Re:Right of free speech + right of association by ravenshrike · · Score: 1

      It's called a PAC. Form one, and find a bunch of people to support your idea. What? That takes effort? Boo-fucking-hoo, you want to play you'd better be damned ready to make sacrifices.

    185. Re:Right of free speech + right of association by ravenshrike · · Score: 1

      I can only keep a firearm I make myself? Hot damn, within the year I'll be turning out M-60s.

    186. Re:Right of free speech + right of association by anagama · · Score: 1

      When speech = money, politics = corruption. Maybe not illegal corruption, but the worse kind: endemic, all pervading, structural corruption. The type where it is legal to buy politicians' votes, though oddly, Joe Sixpack can't sell his vote to the highest bidder.

      --
      What changed under Obama? Nothing Good
    187. Re:Right of free speech + right of association by fredjh · · Score: 1

      I'm not sure I understand what you are saying... just because you work for a company does not mean you lose your right to free speech (or give it to someone else).

      The corporation is an entity that you work for, it's not you, and it doesn't represent you. You could have been, for example, a programmer hired to do some website programming for McCain, even if you had a liberal ideology. At the end of the day, you could still go on your blog and rail against McCain or financially support Obama...

      The executives who are deciding to use the corporation's resources for campaigning are usually doing so in the interest of the corporation as a whole, not the employees... you shouldn't feel, as an employee, that you have the right to anything except what the company is contractually bound to give you. If you are a shareholder, THEN you can make your case, and if the executives act counter to the majority of shareholders, they will get the boot, or if the majority of shareholders acts counter to your wishes, you are free to sell your stock.

      Personally, while I can see some issues I don't like about this (far too long businesses have used the power of government against competitors, but this has continued to happen anyway), I agree with the ruling. Despite the bribery and corruption, I agree with this ruling (again, it happens anyway).

      And people should stop blaming companies for supporting legislation and start blaming their legislators. It's the company's fault they can take advantage of people who are not willing to invest the time into researching issues themselves. I never voted for someone because of what was said on a commercial, have you?

      --
      Stupid, sexy Flanders.
    188. Re:Right of free speech + right of association by anagama · · Score: 1

      Couldn't be worse than what we've got now.

      (blatant grammar nazi bait)

      --
      What changed under Obama? Nothing Good
    189. Re:Right of free speech + right of association by arminw · · Score: 1

      ...Corporations are not people....

      That is pure unadulterated socialistic garbage. Name one Corporation that is not run by people. Corporations don't vote, only people do. Why should people not have the same right to speak as a group as they would individually? Corporations are no more moral or immoral than the people running them. What difference is there if a corporation or an individual gives $1 million toward a given political candidate or goal?

      --
      All theory is gray
    190. Re:Right of free speech + right of association by sonicmerlin · · Score: 1

      Of course, then some people like to fancy themselves as the deciders of truth and justice and want to lead and prod the unwashed masses in certain directions (particularly anti-business directions) but that's no more conducive to freedom than the ignorant masses getting to vote is.

      Are you friggin` kidding me? Anti-business directions? Any rational person would be totally anti-business. Just look at the Scandivanian countries and their insanely high standard of living. Free university, universal healthcare, huge safety nets for people who undergo difficult times.

      Pro-business is what rich elites who couldn`t care less about the rest of the world are. Businesses are wild, ravenous animals who will devour their masters if not properly controlled. They care only for profit, and once they smell prey nothing will stop them from acquiring it and even more.

    191. Re:Right of free speech + right of association by jbengt · · Score: 1

      The right of free speech + the right of association does not require a right to protect your personal assets from the liabilities of the actions of the group or other effects of legal incorporation.

    192. Re:Right of free speech + right of association by SETIGuy · · Score: 1

      When truth can be proven there is truth. When falsehood can be proven there is falsehood. Advocacy doesn't enter into it. Black is not white. Obama is a U.S. citizen. Hillary Clinton hasn't murdered anyone. Rush Limbaugh has used illegal drugs. Both Obama and G.W. Bush used illegal drugs before they were President. Those are all objectively true, regardless of advocacy. If you say the opposite, it's a lie regardless of advocacy.

      "The health care bill will raise the budget deficit" is a statement that can be defended as at least being in the realm of the possible. "The heath care bill creates death panels that will decide to kill your grandma" is not. If demonstrably false statements are coming from a program claiming to be delivering the news, it's not news, and they should at least be liable for false advertising and at most for libel.

      The current bar for political speech is so high that you can make any baseless accusation against anyone in public office with absolutely no repercussions. That's too high.

    193. Re:Right of free speech + right of association by DarkOx · · Score: 1

      So let me understand this your objection to corporations being able to participate freely in political giving ( a recognize form of speech ) is that the consequences of your sacrificing your own principles for money are increased?

      I am sorry but your argument seems pretty hollow when examined.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    194. Re:Right of free speech + right of association by cayenne8 · · Score: 1
      "So the press must cease all coverage of political races during election season, instead airing only paid advertising? Debates would be paid advertising from the candidates budgets. All politically themed Internet sites, bloggers, mailing lists, etc. not paid for by a candidate would be go silent during campaign season."

      No...quite the opposite. I said in the next paragraph after what you quoted...that any group or organization or private individual could put out any information, opinion or ad they wanted..so long as it was documented right up front explicity who was funding that particular message.

      I was saying that no money could be donated directly to the parties or the candidates campaign directly...that all would be publicly funded.

      And things like debates and all...aren't they currently put on by organizations (Women's League of Voters, etc), and televised for free? I don't think the current system makes the party's or campaigns pay for those debates.

      The campaigns get enough money for the candidates to travel to speak to people...and the party's enough for conventions...and that's about it. Let private monies put up whatever ads they want and express their free speech all they want.

      I'd also expect some mandates for the public airwaves to be given for free equally for the candidates to speak to the nation and to each other...

      Just some ideas...my main point is to try to do something that keeps special interests from giving to politicians in order to curry favor when elected...and to keep politicians from having to seek out funding, and end up beholden to the large donation givers.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    195. Re:Right of free speech + right of association by Darinbob · · Score: 4, Insightful

      Much of the time the corporations aren't claiming they speak for the employees, they just want to grease the skids for business purposes. Ie, influence legislation about regulations, etc. There are cases though where the head of a corporation wants to give to more obviously political causes; such as on abortion issues, but I wonder what percentage of corporate donations fall into that category.

      The rationale may be that "free-speech + freedom-of-association" implies corporate citizenship, but very often it's just a tiny minority of people in the corporation making these decisions, and sometimes it's just a single person with control of a lot of money created by other people. That can be a real problem if a single person is the one who is saying "FrobozzCo is in favor of euthanasia so we're donating $12m to the Kevorkian campaign", or just a board of directors, etc. In other words there's not always an association of people making these contributions.

      If I went around with several people collecting money for the orphans, and then gave it all to a political candidate, we'd get in serious legal trouble! That's because the people giving the money expected a certain service in exchange for that money. Similarly why shouldn't a corporation that takes the money given by customers and made by their employees and gives to a political candidate without inform or consent also be in hot water?

      When it comes to business-oriented campaign donations, theoretically this can be balanced by competing groups of interests. The snag is that corporations have immensely more power than these other groups, and far deeper pockets. It used to be trade unions were occasionally seen as a balance, but these have been significantly weakened over time. Union members are also much more likely to be able to restrict union leadership from supporting political causes than company employees are able to influence their own management. Other groups, such as consumer advocacy, charities, etc, have very little power in relation to corporations. So this is the reason corporate limits on campaign donations came about in the first place.

    196. Re:Right of free speech + right of association by ravenshrike · · Score: 0, Flamebait

      Um, no, Brown won because his opponent was a stupid statist bitch who thought Schilling was a Yankees fan. Also, she has no problem with trying to cover up a cop raping his two month old niece with a hot curling iron. Now, while the Massholes might excuse behavior like that in one of the vaunted Kennedy family, Brown wasn't a Kennedy.

    197. Re:Right of free speech + right of association by RevRa · · Score: 0

      The 14th Amendment to the US Constitution grants equal protection under the law to all Persons born or Naturalized in the United States. Including the Right to petition one's government.

      Under the law, a Corporation is a legal Person. /IANAL

      --
      - Kate
      "DNA is life. The rest is just translation."
    198. Re:Right of free speech + right of association by ravenshrike · · Score: 1

      Canada had that dumbass free speech tribunal up until a couple of moths ago, so really, you're not exactly a place to pay attention to about rights.

    199. Re:Right of free speech + right of association by DarkOx · · Score: 1

      In the end this wont enable any buying of election. Ever notice how advertising has to get more an more extreme? That has much to do with the fact that your add has to register over the noise of all the other ads. You have to do something new and different just to be noticed because otherwise people just tune it out.

      That is what will happen here this rush of new money will do nothing but create so much new noise no advertising method will get its message heard over the din. It might take a few years to get there but we will.

      This will probably be a good thing in the end. Without being able to depend on a 30 second tv spot to tell them who to vote for Americans might go back to reading pamphlets with carefully laid arguments and actually trying to understand the issues.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    200. Re:Right of free speech + right of association by ravenshrike · · Score: 1

      While taking over Toronto wouldn't be that hard, a shitload of rural Canadians have weaponry. Wouldn't be fun.

    201. Re:Right of free speech + right of association by dachshund · · Score: 1, Troll

      This is why I love right-to-work states, where no one can make me join a union.

      As an employer I love them too. I can pay those idiots substantially less to do the same work.

    202. Re:Right of free speech + right of association by ravenshrike · · Score: 1

      It shouldn't, which is why if an individual now goes to the SC citing violation of equal protection, the same limits on individuals placed by McCain-Feingold will be thrown out. Problem fucking solved.

    203. Re:Right of free speech + right of association by treeves · · Score: 1

      It'd be awfully hard, especially with the relatively high unemployment we have now in the US, to expect everyone who applies for a job to gain access to a full disclosure of all the political positions of the top executives/big boss etc. so that one could "opt out" of employment by companies with whom you disagree politically. And to quit when they find out later.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
    204. Re:Right of free speech + right of association by Le+Marteau · · Score: 1

      Yeah, what a delight it will be when all the money grubbing capitalists are finally dispatched to the hell they belong in to trouble us no longer, and we can all hold hands, sing "kumbaya" and resume foraging for berries.

      --
      Mod down people who tell people how to mod in their sigs
    205. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      No. Not whilst the corporation enjoys the shield of limited liability. Make the corporation a partnership where the owners are liable down to the last cufflink, and the corporation can speak freely. For as long as it enjoys the privilege of limited liability, it's not a person.

    206. Re:Right of free speech + right of association by IICV · · Score: 1

      Let me see if I understand you. If I want to have my views represented in our political system, I should go work for someone (including myself) who shares my views.

      Couldn't I just, you know, vote for someone? And maybe donate an amount of money I can afford to their campaign? Because after all, what politician will be beholden to me for donating $1000 when my company can donate $1,000,000?

    207. Re:Right of free speech + right of association by IICV · · Score: 1

      So the press must cease all coverage of political races during election season, instead airing only paid advertising?

      Oh god yes. I was so fucking sick and tired of election coverage by the time November 2008 rolled around I was ready to puke if anyone mentioned politics again.

      Election season does not need to last six fucking months, people. Even if there's a black dude and a white chick involved in it.

    208. Re:Right of free speech + right of association by PopeRatzo · · Score: 3, Interesting

      Considering corporations don't vote and only individuals do, you have a very poor case

      You're right, corporations don't vote, so how can they be considered "persons" when it comes to civil rights if they don't have the right to vote?

      If they can't participate in elections as voters, then they shouldn't participate in elections as buyers.

      you fear corporate influence because you're afraid of voters responding in a way you don't like

      And you fear that without the vast sums of corporate dollars, voters might not decide in the way you like.

      --
      You are welcome on my lawn.
    209. Re:Right of free speech + right of association by PopeRatzo · · Score: 1

      There might be a little less of that 'anti-intellect bias' if the self-proclaimed intellectuals did not spend so much time looking down their noses

      Who's "looking down their noses" more, someone who wants protections of organized labor for those workers or those who would seek to do away with even "minimum" wages?

      And I'm not looking down my nose at teabaggers. I think they're going to be valuable allies when they see what happens now that corporations can be more overt about owning our government. I look down my nose at racism and hatred of science and education, though.

      --
      You are welcome on my lawn.
    210. Re:Right of free speech + right of association by PopeRatzo · · Score: 1

      So you wouldn't have a problem with the government banning the buying and selling of presses

      Of course I would. The first amendment specifically says there can be no laws limiting the freedom of the press.

      See, the framers were very specific guys. They put the words "freedom" and "press" together. They did not put the words "corporation" or "money" anywhere in the Bill of Rights.

      people needed to be able to sue corporations, and the law said you could only sue a "person". That's why it's called a "legal fiction" - it's not to be taken literally.

      Right. If it's not to be taken literally, why would anyone argue that corporations should be extended the rights of personhood?

      --
      You are welcome on my lawn.
    211. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      One of the worst decisions SCOTUS had in the past 10 years has to be "Kelo vs. New London."

      http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London

    212. Re:Right of free speech + right of association by PopeRatzo · · Score: 1

      I can only keep a firearm I make myself? Hot damn, within the year I'll be turning out M-60s.

      Don't forget to etch Bible verses on the barrel.

      Especially this one:

      "Then said Jesus unto him, Put up again thy sword into his place: for all they that take the sword shall perish with the sword.
      —Matthew 26:52
      "

      --
      You are welcome on my lawn.
    213. Re:Right of free speech + right of association by arminw · · Score: 1

      ....That's just it...their "free speech" effectively completely eliminates mine....

      That just is not true at all. You're perfectly free to get together a group, such as a political action committee and put your money together with others to have a voice. The more people you can get to agree with you on any subject, the more you can speak as a group with one voice.

      --
      All theory is gray
    214. Re:Right of free speech + right of association by shutdown+-p+now · · Score: 1

      I don't mind the money grubbing capitalists, provided they don't have any more say in how the country is run than us dirty peasants.

    215. Re:Right of free speech + right of association by HornWumpus · · Score: 1

      Good luck with that argument.

      Who do you appeal a supreme court ruling to?

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    216. Re:Right of free speech + right of association by jmorris42 · · Score: 1

      > No...quite the opposite. I said in the next paragraph after what you quoted...

      Yea, the one where you say "..somehow (I've not worked the details out in my head yet)". So obviously true I ignored it and moved on to what would happen here in the real world. What you are pondering can't be done so pick, only candidates speak and only with the offical government budget or everybody says what the hell they want and we don't need government funded politicians. This notion that keeps coming up that you can have 'independent' expenditures and that that is somehow different is batshit insane if you bother to ponder it a few seconds, just leads to more of the sort of wink-wink, nudge-nudge ritualized corruption that makes most folk disgusted with politics already.

      Don't feel for a moment, Think. Can the candidate (or any of their staff, relations, etc) make so much as a blog post regarding what they think of an independent expenditure? Then a line of communication can exist between the campaign and the independent group. Can the candidate or any of their staff chat in a bar with someone who happens to know somebody who works for an outfit doing independent advertising? And could they just HAPPEN to mention what themes the campaign really wishes they had more resources to hammer on in the critical last few days of the campaign? Could the official campaign blog post scripts of ads they would like to see but can't afford to run? And could an 'independent' group grab those posts, film them and saturate the airwaves with them? Or just save a step, could the campaign license their adds such that anyone could run them unmodified (except a tag saying who paid for that airing) and let 'independent' groups download the files in HD res? And can lawyers have a field day terrorizing everyone on every side of this, deposing and discovering till they run every sane person out of politics? Yes they can!

      > And things like debates and all...aren't they currently put on by...

      If you are going to remove all external influences those semi non-partisan groups can't speak either.

      > I'd also expect some mandates for the public airwaves to be given for free equally for the candidates to speak to the nation and to each other...

      So now you want to seize valuable airtime and give it away, lemme guess who won't be compensated for the seizure. Clue, use PBS or NPR if ya have to but leave the rest alone. There ain't no 'public' airwaves anymore to speak of, since the digital switch they auction that crap off and most news is on cable and really shouldn't be subject to the FCC anyway.

      > Just some ideas...my main point is to try to do something that keeps special interests from giving to politicians
      > in order to curry favor when elected...and to keep politicians from having to seek out funding, and end up beholden
      > to the large donation givers.

      Nice notion, but we don't live in the land of unicorns and fluffy bunnies; instead we live in this crappy place. Best we deal with it as is. You want people less interested in buying a politician? Make them less valuable. Limited government. If rent seeking wasn't so profitable corporations would spend more time trying to earn an honest buck. If government pinheads didn't have almost unlimited power to cause harm lots of organizations would have less motive to pay protection.

      Besides, your pernicious special interest is my NRA defending essential civil liberties. (Or your Greenpeace, EFF, ACLU, SEIU, whatever floats yer boat.) Just because an organization is expending money on politics doesn't make em evil.

      --
      Democrat delenda est
    217. Re:Right of free speech + right of association by arminw · · Score: 1

      ....How about a gumball machine?....

      The gum ball machine doesn't get to vote, but whoever manages the gum ball machine on behalf of its owners, is allowed to spend money to elect candidates who favor gumball sales. That is how it should be and the Supreme Court agreed. Whoever manages the gum ball machine is also allowed to vote.

      --
      All theory is gray
    218. Re:Right of free speech + right of association by winwar · · Score: 1

      "So you mean voters are easily influenced by propaganda and are unable to consider the source?"

      Yes. It's called advertising. Massive amounts of money are spent on it. Designed to override logic and reason.

      The whole point of the propaganda is to prevent people from finding or considering the source. That's why you channel money through multiple PAC's-to obscure who actually funds the campaign. For instance, do you think Prop 8 in California would have done as well if every ad had stated it was sponsored in part by the Mormon Church?

      "I'm not sure democracy is a good idea if merely allowing corporations to speak freely or donate money to politicians, when it's the individuals that ultimately do the election."

      Do you also believe that the "free market" isn't such a good idea? Same concept. Except people purchase goods and services instead of voting based on advertising.

      Or we could simply have reasonable government regulation. It really does work.

    219. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      Exactly. That's why it's a violation of my liberty that I can't bribe my way out of traffic tickets. That I can't buy my way into a medical license. That I can't pay a judge to kick you off your home. I've got strip malls to build people. Liberty coming through, peasants!

      Actualy, you CAN pay a judge to kick people off their homes for strip malls. Google or wiki two cases called Kelo v New London and Didden v Port Chester.

    220. Re:Right of free speech + right of association by arminw · · Score: 1

      ....now see much of our work go and fuel much of the corruption....

      So are you not allowed to quit your job and get one with someone who is more in agreement with you politically?

      --
      All theory is gray
    221. Re:Right of free speech + right of association by Fjandr · · Score: 1

      He's not correct though. A corporation can have "personhood" revoked by being dissolved by the jurisdiction it was incorporated in, thus removing all ability to exercise rights. "Personhood" can also be revoked or changed judicially. Both of these things clearly indicate that the corporation has no rights, only privileges. They exist at the pleasure of the legislature of the state they are incorporated in. Real people do not exist in such a manner, and cannot have their rights revoked in the same way (unless, apparently, they are declared an "enemy combatant").

      A corporation is not chartered on the basis of the right of free association. If it were, people could be hired and fired at any time, for any (or no) reason, without repercussions (aside from times when there is a contract controlling the situation). It is a legal fiction designed to limit the liability of those operating under the corporate umbrella, in exchange for allowing dictation by the State of how they function. If a controlling jurisdiction says "You can't do that," a corporation should not be able to do whatever "that" is. Don't like it? Form a partnership or sole proprietorship. No limitation of liability, no dictation by the State of what you can and can't do (aside from ordinary commercial regulation).

    222. Re:Right of free speech + right of association by uuddlrlrab · · Score: 1

      No Corporations and Unions are different from Political Parties and Individuals in a specific way.

      I believe you meant "No , Corporations and Unions are..." Seriously, punctuation matters. My brother happened to glance at that sentence in the course of discussing this with me, and about had an aneurysm.
      That said, I agree.

      --
      Odi profanum vulgus et arceo
    223. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      Are you actually in a union? If so, you might consider going "financial core." Due to a Supreme Court ruling, Communications Workers of America v. Beck, you can't be forced to pay dues beyond the cost of collective bargaining.

    224. Re:Right of free speech + right of association by stinerman · · Score: 1

      Quite astute, sir.

      However if we really believe "Congress shall make no law" means "Congress shall make no law" then the restrictions on tobacco and alcohol advertising are right out. If we believe the 14th Amendment means "and state legislatures shall also make no law" then the restrictions on slander and libel are right out in addition to any "fighting words". Obscenity statutes go down everywhere as well.

      I think this was the proper decision given the original intent of the Constitution, but I also think this decision doesn't square very well with much of the court's other rulings. Roberts and friends are just as bad as the liberal wing for practicing results-based jurisprudence.

    225. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      ....And how is this different from having the political leanings of my UNION boss amplified through UNION DUES which I have to pay, whether I like it or not?

      since you voted the union to represent you.

    226. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      Exactly. That's why it's a violation of my liberty that I can't bribe my way out of traffic tickets. That I can't buy my way into a medical license. That I can't pay a judge to kick you off your home. I've got strip malls to build people. Liberty coming through, peasants!

      You have a human cloning service that you're going to franchise to strip malls? Holy crap, that is just too cool for words. Screw liberty, here's your house and medical license, sir. Just as long as I can make my army of super-soldiers-slash-kidney-donors!

    227. Re:Right of free speech + right of association by hairyfeet · · Score: 1

      The problem with your theory is this: We are talking about corporations, some of whom have more money than third world nations. I don't care if you and every poor slob in your entire state gave their last penny they could still crush you like a bug. It is like saying "oh you should just compete with the Chinese sweatshop or the Indian programmer" and ignoring the fact that the Chinese can use slaves and you can't, or the Indian can buy a fricking master's degree for under 24k while yours will cost a few hundred percent more.

      The point is when you get into that amount of wealth, the rules simply don't work. These huge mega corps can and do get away with shit all the time that you and your PAC would get busted for, because they can afford to not just buy YOUR congressman, but mine, and that guy's and pretty much every single one in the chain if they so desire. I'm sorry, but when the game is already tilted that far in their favor, playing by the rules simply don't work, because THEY get to make the rules. See this ruling as an example.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    228. Re:Right of free speech + right of association by WiiVault · · Score: 1

      ..and yet you reap all the benefits.

    229. Re:Right of free speech + right of association by yndrd1984 · · Score: 1

      Wow. You win the award for deliberate obtuseness:

      They did not put the words "corporation" or "money" anywhere in the Bill of Rights.

      They didn't need to mention "corporation", because corporations are groups of individuals, and those individuals have rights. The fact that they exercise those rights as a groups is irrelevant.

      They didn't need to mention "money", because it's incidental - the purpose of the law was to prevent certain people from using the press to do certain things, period.

      Or look at it this way - if the law in question didn't abridge people's speech or use of the press in any way, then what was it's purpose? And if it abridges in any way then the First Amendment doesn't care how it's being done - blocking people's money is just as much of an infringement as burning the presses, arresting peaceful protesters, or censoring the internet.

      Right. If it's not to be taken literally, why would anyone argue that corporations should be extended the rights of personhood?

      We don't take it literally because it's a deliberate workaround to the common-law rules about "persons" (people - who can preform legal actions) and "non-persons" (trees, rocks, colors - who can't). Persons can own things, sign contracts, commit crimes, get sued, etc. and non-persons can't. Since this presented problems as people formed larger and more complex groups, the courts decided that a third, in-between type was needed. So now we have actual persons, non-persons, and legal persons. Legal persons only get the ability to participate in the legal system, rights they inherit from the people that run them, and a few oddballs.

      As for why anyone would want this, imagine how a non-profit would be affected if it wasn't. The Red Cross wouldn't be getting donations because it couldn't take possession of the money, it couldn't rent equipment because it couldn't sign contracts, and it couldn't be held accountable if it decides not to pay the people it employs so nobody would want to work for them.

    230. Re:Right of free speech + right of association by ahabswhale · · Score: 1

      ROFL...comparing those two things is like comparing the flame on the end of a matchstick and the fusion reaction of the Sun. Nice try dipshit. Your either really fucking stupid or a troll. Either way, you're not worth my time.

      --
      Are agnostics skeptical of unicorns too?
    231. Re:Right of free speech + right of association by ahabswhale · · Score: 1

      Thank you for saving me the trouble of typing all of that. I will also add that PACs are targeted for a specific cause whereas a corporation can have many offensive things that they are involved with. I'm not going to form a PAC that scrapes pennies for every possible thing that is offensive.

      --
      Are agnostics skeptical of unicorns too?
    232. Re:Right of free speech + right of association by jmorris42 · · Score: 1

      > I also really like the Sierra Club, but I think the Club should be subject to restrictions on political advertisements just like every other group.

      Dude. Imagine for a moment we adopted your view. So in northstarlarry's world the Sierra Club could no longer buy political ads. So instead they put up a website where their members could go. They would pick how much they would have liked to donate back in the real world and the site would give them a task that would cost them that amount of money. Things like take this PDF to Kinko's and print some copies and send it to this list of X people. Or download this video and place a a buy for X airings on cable system Y on channel Z. And so on. A corporate entity such as the Sierra Club is just a way for people to pool their efforts more efficiently... which you made less efficient but still able to do most of it's mission. Sooner or later people would tire of doing it so clumsy and wonder "Why can't we just enter our credit card and let the Club hire people to do all this grunt work?" And "Why don't I find this northstarlarry prick and kick him square in the nuts for inflicting this BS on us?"

      > denying "corporate voting rights". I don't know how you can cogently argue that an entity must have one fundamental right, but not another

      No need. Every shareholder/member/etc. already gets to vote. They can't vote collectively because we have a secret ballot. But they can pool their right to speak. There is exactly zero difference in theory between a thousand people buying one ad and giving the cash to a clearing house that buys a thousand ads at once. When Exxon buys an ad they are speaking for their shareholders in exactly the same way the Sierra Club is speaking for their members.

      --
      Democrat delenda est
    233. Re:Right of free speech + right of association by NeutronCowboy · · Score: 1

      What benefits? The right to bankrupt the company I work for, so that I can get some short-sighted and unsustainable benefits? The right to have seniority come before competence?

      Unions are behind the fact that I have a 40 hour work week, I get that. However, they've far outlived their usefulness.

      --
      Those who can, do. Those who can't, sue.
    234. Re:Right of free speech + right of association by jmorris42 · · Score: 1

      > For what purposes, really, should a corporation be given the rights of individuals? They aren't an individual. They are a tool created to maximize profits.

      Silly child. Corporations are chartered for many purposes. Returning profit to shareholders is but one. An honorable one by the way so long as the means used are honorable.

      Others are founded for political goals, such as the incorporated entities known as the Democratic and Republican National Committees. Others for specific tasks such as the National Rifle Association which promotes firearms, firearm safety and general awareness of 2nd Amendment issues. It also operates an explicitly political PAC with political change as it's goal. Other corporate entities do social work, others like the International Red Cross are dedicated to disaster relief and other related purposes. Many religious entities are incorporated with the non commercial goal of spreading a religious faith, operating hospitals, etc. and other works generally intended to bring glory to their deity. And so on. And all of them should have the right to speak on issues they care about.

      --
      Democrat delenda est
    235. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      If corporations can not vote why do they have to give money?.

    236. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      Wait a minute, there are not anywhere close to 100 corporations that have made 600 Billion dollars in retained earnings (6X1 billion = 1%, thus 600 billion).

      Goldman sachs (http://www.google.com/finance?fstype=ii&q=NYSE:GS&axs=1) had about 40 billion in revenue (not earnings) over the past year. Net income (profits not including extraordinary items) since 2006 is only about 22-23 B.

      This is /., check your math and try again.

      If you meant that all 100 of the top corporations could pool 1% of their earnings, I can assure you that they would not. No candidate would meet the needs of 10 different corporations, nevermind 100.

    237. Re:Right of free speech + right of association by BigMeanBear · · Score: 1

      "You don't have to work for anyone."

      Are you serious? Have you ever actually tried not working? That only works for the super-rich--who will now have the power to never pay back their bailouts.

      --
      += E
    238. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      Going a step further, the real problem is greed and the capitalistic views that CEOs and board members have. They don't live in the same reality as everyone else...they live their life in the pursuit of power and more money...nothing more. They have no admiration to the people they employ, they simply see them as tools to get a job done. They will gladly fire them and claim they are the most important person in the entire company...so how could their pay be cut? American/USA upper management has gotten out of hand and thanks to this ruling they just got another couple decades of egocentric viewpoints to shove down the throats of greedy politicians.

      And so the story goes...till the people get pissed off enough. There is a reason why "radical groups" are kept a close eye on even if those "radicals" are interested only in reform...not revolt. People in power love the power they have and hate any form of change. The majority of the middle class are to cowardly to do anything about it either...they're to busy trying to keep the roof over their head.

    239. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      Work in a non-union shop if you don't want to pay in to collective extortion.

    240. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      So you mean voters are easily influenced by propaganda and are unable to consider the source?

      Sounds about right, given what I've seen Americans do for the last 20 odd years.

    241. Re:Right of free speech + right of association by Trepidity · · Score: 1

      It seems like a futile effort to try to protect them from one particular kind of propaganda then, since they'll just fall prey to a different kind. Maybe after we banish corporations from politics, we can find a way to banish demagogues?

    242. Re:Right of free speech + right of association by Kattspya · · Score: 1

      If the organization is behaving in manner that is opposite to your wishes, why be a part of it?

    243. Re:Right of free speech + right of association by Xarvh · · Score: 1

      Because if you aren't your scheme becomes an Epic Fail and if you are you have zero clue what being an American is about.

      Uhm, Military might, information controlled by megacorporations, complete ignorance that there exists a world outside the borders, religious fanaticism, and screaming "democracy" and "freedom" like they had any meaning?

    244. Re:Right of free speech + right of association by pugugly · · Score: 2, Informative

      Neat theory. Except attempts to legally enforce the rights of the stockholder to exert control over the corporation he or she putatively owns have been fought tooth and nail by the very corporations they own, with the battles payed for by the profits of those very stockholders.

      If the corporations interest were solely aligned with it's stockholders, this would not and indeed *could* not be the case.

      Pug

      --
      An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
    245. Re:Right of free speech + right of association by pugugly · · Score: 2, Insightful

      Oh, *obviously*. Objections to the concept of Billions Dollars in corporate assets that are putatively owned by the stockholders being thrown towards any political objective the CEO chooses (Including of course fighting against the legal rights of the stockholders to control the messages their money is backing) is, of course, *exactly* like my, rather than simply debating someone I disagree with in a public stadium, using the government to suppress their free speech completely.

      other than the fact that the Corporation can afford to buy every seat in the stadium, and owns the newspaper, television station, and the mortgage on your house.

      Yeah. Obviously identical.

      Pug

      --
      An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
    246. Re:Right of free speech + right of association by pugugly · · Score: 1

      Really?

      On what basis do you think Corporations are identical to Unions, political parties, or individuals? Not a single one of these four things is organized in a similar way, has the law applied in a similar way, or has the same goals.

      They are identical only in the same way cyanide, H2O, wood, and feces are all composed of atoms - I can only assume, barring some flaw in your logic, your reaction to ingesting these is the same and suggest you do so.

      Pug

      --
      An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
    247. Re:Right of free speech + right of association by MartinSchou · · Score: 1

      Much of the time the corporations aren't claiming they speak for the employees, they just want to grease the skids for business purposes.

      "If we see this kind of legislation our industry will suffer and we will see tens or hundreds of thousands of people lose their jobs!"

      Sound familiar? As far as I can tell, those kinds of comments ARE corporations claiming to speak for their employees. I doubt any of the large corporate CEOs would give a flying fuck about sacking a third of their employees, they only care about keeping their own bonuses and pays and possibly raise them.

    248. Re:Right of free speech + right of association by Jawn98685 · · Score: 1

      You are so wrong...
      But then it's easy to get confused here. Look, corporations have one primary responsibility, to make money for their shareholders. As matter of corporate fiduciary ethics (no wisecracks, I'm serious here) all other priorities are of lesser, or zero, importance. There is nothing inherently wrong with that. After all, to make money is the reason a corporation exists. At a certain point however, which can vary widely, the corporation's needs can begin to conflict with the public good. Use your own examples. They're plentiful. Often, but not always, the corporation finds itself at a crossroads, be a responsible member of society (and lose money) or use it's wealth to exert a disproportionate influence on the system of laws and government so that it can make more money.
      The U.S. Constitution was drafted by men who feared tyranny. The took great pains to enact fundamental laws that would prevent it from rearing it's head in the government they hoped to create. In there world, the only thing that represented such a threat was royalty. No other individual or group could wield enough influence to supplant the rights and liberties that the Founding Fathers believed in so deeply. Today's transnational corporation makes the influence of any Eighteenth Century monarch look trivial.
      The result is a steadily accelerating erosion of influence, and rights, of "the people" on the government that was set up to be of, by, and for them.

    249. Re:Right of free speech + right of association by Jawn98685 · · Score: 1

      Hear, hear!
      Now..., what are we going to do about it?

    250. Re:Right of free speech + right of association by natehoy · · Score: 1

      Some people have the ability to quit their job so they can get out of their union. Not everyone has the luxury.

      Some can choose to stop doing business with their cell carrier because their carrier is taking a political stance they disagree with, but the cell carrier is just going to get the $300 disconnect fee anyway.

      Some can choose to close their bank accounts because their bank is funding a campaign, but that means paying off all their debt, and if it's because the bank is buying ads to try and overturn bank legislation, their own service charges are being spent to help ensure those service charges increase.

      The amounts of money a corporation or a union can bring to bear change the political game into something entirely new. The leaders of those organizations are only beholden to the sources of their money in a delayed fashion, and are not directly accountable at all. And they have access to gigantic pools of people, money, and lawyers. Once corporations can fully engage in the political process, they can change the rules entirely.

      In the current political landscape, we have the opportunity to know who is saying something, so we can check sources and find out why they might say it, what their agenda is. That's because political speech happens through registered political organizations (PAC, SIG, etc), and they have to put that little "this ad paid for by friends of fluffy bunnies and sunshine" at the end. We can research who the friends of fluffy bunnies and sunshine really are, and try to figure out the intent behind the ads.

      When corporations buy advertising, they are not required to identify who bought it, or what their agenda might be. And they'll have more money than any candidate, any PAC, any SIG, anybody. We will be flooded with information that will tend to drown out all else.

      And American companies aren't the biggest any more. Do you really want lots of advertising, advertorials, letters to the editor, etc. that "Joe Winkler means JOBS", having people react favorably to that en masse, then find out afterward that "jobs" really meant "H1B visas" and maybe never find out that the advertising was purchased by WiPro and TaTa?

      Someone like Microsoft or Toyota or Bank of America or Verizon could bring more money to bear than all of the candidates of any campaign combined.

      Every PAC and SIG is going to dissolve and form a corporation that makes no money as a front-end, because they'll be able to get money from anyone they damned well please, say anything they want without accountability, and not have to identify themselves.

      China is going to have a field day with this.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    251. Re:Right of free speech + right of association by mcgrew · · Score: 1

      Actually your having helped earn the profits is irrelevant, the profits are not yours... The profits belong to the stockholders(or owners in a non-public company) and the corporation represents their interests NOT your interests.

      That is indeed true; but never forget that YOU are creating the wealth that the corporation owns, not the CEO. He controls and distributes the wealth that the stockholders own that you have created.

      BTW, dew know truss you're spill chucker oar grandma chucker.

    252. Re:Right of free speech + right of association by mcgrew · · Score: 2, Insightful

      You can quit at any time.

      Yeah, if you don't mind being hungry and homeless. You're either still in high school, or independantly wealthy. In any case, your comment is trollish flamebait, which I'm sure is why you posted anonymously.

      You win the award for the most ignorant comment of the day, congrats.

    253. Re:Right of free speech + right of association by SnapShot · · Score: 1

      I wonder what percentage of the corporation must be owned by U.S. citizens to get newly defined freedom of paid speech: 90%, 50%, or 0.000001%? If I buy a single share of PetroChina -- I'm a citizen of the U.S. -- does that give PetroChina the right to spend up to $16B (last year's profits) on oil-industry friendly senators and representatives?

      --
      Waltz, nymph, for quick jigs vex Bud.
    254. Re:Right of free speech + right of association by mcgrew · · Score: 2, Insightful

      Sadly, unions have become little more than corporations within corporations.

      The difference is, the corpration represents the stockholders, my union represents ME and is there to protect my interests, and collectively bargain in my and my co-workers' behalf. Its leaders are elected by the me and my fellow union members, and if they use my dues for purposes that I do not approve of, I can vote them out of office, or even run for that office myself.

      Were it not for unions I'd have no paid vacation, no weekends off, no sick leave, far lower pay (notice that RTW states have lower wages than non-RTW states), and if I had a boss who treated me unfairly I would have no recourse except to find a new job.

      "Right to work" is relly "right to exploit".

    255. Re:Right of free speech + right of association by Kattspya · · Score: 1

      So what you are saying is that all things considered you'd rather be a member then not? Then stop your complaining, you silly person.

    256. Re:Right of free speech + right of association by mcgrew · · Score: 1

      let's just mandate that elected officials campaigns are strictly funded by public funding

      Barring that I'd like to see two lesser reforms:

      1. No one can contribute to any candidate one is not eligible to vote for. Why should a millionaire in Texas have more say in who is elected to the Senate to represent Florida than a Florida voter?
      2. Contributing to more than one candidate in any given race is bribery and punishable as such.

      Unfortunately, since Congress and the Senate are controlled by the corporations, we will neither have public funding nor any other meaningful reform.

    257. Re:Right of free speech + right of association by weiserfireman · · Score: 1

      Who or what is the press these days though?

      That was one of the points that the majority made in their opinion.

      Just because someone isn't a paid professional doesn't mean that they don't have the freedom of the press too.

      A Corporate Blog talking about issues relating to their industry has the same freedom of the press as the Wall Street Journal editorial page.

    258. Re:Right of free speech + right of association by SnapShot · · Score: 1

      A Corporate Blog talking about issues relating to their industry has the same freedom of the press as the Wall Street Journal editorial page.

      Bully for them. This isn't about a blog, this is about buying elections. Do you not see the difference?

      --
      Waltz, nymph, for quick jigs vex Bud.
    259. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      It isn't. What an excellent point! It would be nice if we could exclude contributions from unions (and trade associations and non-profits and WoW guilds and what-all-else) as well. Or at least pass a bill for public funding, allowing un-beholden politicians to compete with the now-inarguably-corrupt ones.

    260. Re:Right of free speech + right of association by weiserfireman · · Score: 1

      No, I don't see the difference

      Legally there is no difference between buying 30 sec advertising spots and running a political blog on a company website.

      This does not change the regulations about the amount of money a corporation can donate to a candidate. It doesn't change the regulations about in kind donations to candidates.

      Corporations are run by people and those people have the right to speak about political issues. How those people structure their organization should not limit their ability to speak their mind

      This ruling helps advocacy groups that are organized as corporations, such as the Sierra Club, ACLU, PETA, Unions, as much as it helps businesses.

    261. Re:Right of free speech + right of association by SnapShot · · Score: 1

      ... people have the right to speak about political issues.

      No one has ever questioned that and that right has never been in doubt. Granting legal defined corporate entities the same rights is what's wrong.

      This ruling helps advocacy groups that are organized as corporations, such as the Sierra Club, ACLU, PETA, Unions, as much as it helps businesses.

      Can you really say that with a straight face?

      PETA donations - $25,000,000
      Monsanto Corp revenue - $11,000,000,000

      So, with the recent ruling Monsanto has approximately 440 times more free speech than PETA? And, if an average fireman's salary is $60,000, Monsanto has 133,000 times more free speech than you.

      --
      Waltz, nymph, for quick jigs vex Bud.
    262. Re:Right of free speech + right of association by weiserfireman · · Score: 1

      A person's ability to purchase a stage on which to speak has never been a factor in calculating whether or not they can speak.

      My Freedom of Speech is exactly the same as Monsanto's or PETA's or the President of the US.

      My ability to get my message across may be less than any of those people or organizations, but that doesn't mean my Freedom is less.

      Equality of results is not guaranteed in our Constitution, nor should it be.

    263. Re:Right of free speech + right of association by mcgrew · · Score: 1

      You will wind up with people who is money or work?

      Huh? What???

    264. Re:Right of free speech + right of association by SnapShot · · Score: 1

      My Freedom of Speech is exactly the same as Monsanto's or PETA's or the President of the US.

      No, the framers intended that your Freedom of Speech is exactly the same as the CEO of Monsanto, or the Chairmain of the Board of PETA, and, of course, of the President (who is also an individual citizen). And, no, you won't get the same equality of results, nor should you unless your message is so compelling that it can overcome their advantages in money and exposure.

      However, 5 corporatist justices have reinterpreted the Constitution to suit their narrow, activist political agenda and granted individual rights to entities that only exist in the form of civil, legal agreements. That is wrong and not what the founding fathers intended. Scalia, in particular, should be ashamed of his hypocrisy.

      --
      Waltz, nymph, for quick jigs vex Bud.
    265. Re:Right of free speech + right of association by DavidTC · · Score: 1

      Here's the real issue:

      Either giving money to candidate alters their vote, or not.

      If it does not, it is corporate malfeasance and fraud on the shareholders to do it.

      If it does, it more than likely is bribery. In fact, almost all large donations to politicians are bribery.

      Likewise, it is still malfeasance if the altered vote does not make more profit for the shareholders. Corporations lobbying, with their own money, to have less control by their shareholders, is ipso facto illegal.

      No one even slightly bothers to enforce any of this, of course.

      The real problem is that donating money to get people elected should be illegal, period. Candidates should get spending money from the government based on how many people they can get to sign onto their campaign, and that's it.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    266. Re:Right of free speech + right of association by northstarlarry · · Score: 1

      There is exactly zero difference in theory between a thousand people buying one ad and giving the cash to a clearing house that buys a thousand ads at once.

      There is a difference in theory, which I already outlined. A business is a business (including the Sierra Club); it has a license to be able to do the thing for which it was formed, it's subject to different taxes than a person, it can't be arrested for DUI, it doesn't have to serve on juries, and it doesn't have a right to free speech. It's an abstract thing that derives from individuals' rights.

      The more important part, though, is the difference in practice, which you have outlined. It shouldn't be easy for the board of Coca-Cola to start throwing their $6 billion around to pick the next president. (Nor should it be easy for the Sierra Club.) An organization whose reason for existence is to acquire wealth for its owners should not be allowed to rig society and the economy by influencing government.* How about CITGO? Owned by the Venezuelan Government, Hugo Chavez at the helm. Revenue about the same as Coca-Cola Company. You want them running an ad campaign for president in 2012?

      * Yes, of course, I know that this happens anyways, has always happened, and will always happen by some method or another. That doesn't mean we have to make it easy.

      They can't vote collectively because we have a secret ballot. But they can pool their right to speak.

      That's not an argument at all. A person is perfectly free to tell whomever e likes the vote e plans to make or has made. A person is also free to agree with as many other persons as e likes that they should all vote the same. The secret ballot just prevents compelling that person. A corporation could be given a secret ballot to mark just like each one of its members. We don't do that because it's ridiculous on its face. It's just as ridiculous to say that the corporation has a right to free speech.

      The question is, if an entity is enough of a person that it has a right to free speech, then on what grounds can you deny it the right to vote? A group of voting citizens cannot band together and ipso facto add 1 to the number of voters. Each of the members of course has the right to free speech, and each has the right to form a corporation. If the rights of the members accrue to the group as an entity, then why not the vote? What would it mean for a group of persons to "pool" their individual rights to bear arms?

    267. Re:Right of free speech + right of association by weiserfireman · · Score: 1

      No 5 Justices said that the rules we put in place 20 years ago to regulate speech done via the mechanism of a corporation were wrong

      It was a reinterpretation 20 years ago that allowed these rules, and the Supreme Court said that was a mistake.

      The mechanism that people use to assemble together to put out their message isn't important

      Monsanto doesn't speak. People at Monsanto speak and those People have a freedom of speech.

    268. Re:Right of free speech + right of association by DavidTC · · Score: 1

      What you pointed out first is really the problem.

      People have the right to assembly, and collectively decide where their campaign contributions go. If I join a 'John Smith for Congress' campaign, and we all sit down and write $500 campaign contribution checks, I have no problem with that. (Although I'd much rather that each person get, say, $2000 pretend money a year from the government, and they can give it out to any candidate they want...and that's all.) I don't even have a problem with a group collecting those from us, and sending those in, as long as everything is clearly labeled.

      The problem is that corporations have somehow gained an additional right on top of this. If corporations are collections of people, presenting the shareholder interests, why, I'd have no problem if they sent a letter to all shareholders, with a self-addressed, stamped envelope, asking them to send money to a certain candidate. That would be the group actually attempting to voice the member's opinion. (Of course, the shareholders would be rightly pissed at the waste of resources, but that's between them and their company.)

      But, no, somehow corporations have some right to speech outside of the rights of individual people.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    269. Re:Right of free speech + right of association by DavidTC · · Score: 1

      Except the problem is that corporations were just given unlimited campaign contribution ability, whereas people are actually limited in what they can give.

      If each group out there was limited to only giving what its members could give, in total, which would also require restricting each member (So they couldn't give individually), that would be one thing.

      Look at this way. There is free ice cream. Everyone gets three bowls a day.

      Except that I have asserted that I'm a 'group', and have a few members, apparently, and thus I get as many bowls as I want. Not 'I get as many bowls as members of my group would get, minus the amount they got individually', just unlimited bowls, period.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    270. Re:Right of free speech + right of association by SnapShot · · Score: 1

      People at Monsanto speak and those People have a freedom of speech.

      Well at least we agree on one thing. Cheers.

      In any case it's a done deal. If we care about our country, I guess the only thing we can do now is pray that it's not just another irrevocable step down the slippery slope of corporatism.

      I leave you with a quote:

      “Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power” - Benito Mussolini

      --
      Waltz, nymph, for quick jigs vex Bud.
    271. Re:Right of free speech + right of association by DavidTC · · Score: 1

      'Corporations' shouldn't even have protection against 'injustice'.

      Individual shareholders already have a constitutional protection against their property being arbitrarily seized or devalued. This automatically protects companies, which are their property, from that.

      The whole thing is a lot easier if we stop ascribing human-like behavior to corporations. Think of it as your house. Your house has no damn right to anything at all. Because you are, presumably, a person, you have the right to use your property for free speech, or free press, or freedom of assemble, or whatever. This does not imbue your house with such rights, even if you commonly say things like 'The House of AdamThor wants you to vote for X' out loudspeakers on the top of the house.

      I know it seems a minor point, but be very careful how you say things, as phrasing exactly like yours got us into this mess in the first place, where the rights of the shareholders somehow got abstracted so far they became rights of the corporation. Likewise, 'punishing corporations' became, somehow, punishing them as people, instead of what it actually is...punishing the owners.

      Normally, looking as 'group rights' would be fine of shareholders, we actually do have those, like the right to assemble and petition the government for redress of grievances, and the courts have held that 'free speech and press' imply a right for groups of people to read and listen to you...but be sure to say 'The shareholders each have rights, and the group of the shareholders have general abstract rights we might want to protect. The corporation, however, is not relevant to this discussion. We cannot punish the owners for things the owners, or their employees, say.'

      It's amazing how many people look at 'Corporations should not be people' and, at the exact same time, ascribe to them the properties of people. Think of them as houses and the issue becomes a lot more clear what the government can and cannot do. They are things we own, and can use to exercise our rights, but do not have any rights of their own, or even behavior of their own.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    272. Re:Right of free speech + right of association by northstarlarry · · Score: 1

      The right of people to form a common bond group is just as fundamental as the right to speak.

      Yes, exactly: forming the group is a right of each person, and freedom of speech is a right of each person. It does not follow from that that freedom of speech is a right of the group.

      If a fundamental right like freedom of speech accrues from the members to the group, then why does a fundamental right like the vote not do the same?

    273. Re:Right of free speech + right of association by ClosedSource · · Score: 1

      "Why is it *not* free speech?"

      Speech is communication. Donating money isn't communication.

      Do you realize that many corporations donate money to both sides of a race? If there's any communication there it's this: "No matter who wins, we want you to give us special treatment in exchange for a donation".

    274. Re:Right of free speech + right of association by mcgrew · · Score: 1

      Money == speech

      Only on Ferengenar.

    275. Re:Right of free speech + right of association by riondluz · · Score: 1

      how about we just get a law passed that says any elected offical (or their proxy) convicted of corruption serves a mandatory 5-year prison sentence -

      --
      resist propaganda
    276. Re:Right of free speech + right of association by northstarlarry · · Score: 1

      Corporations don't vote, only people do. Why should people not have the same right to speak as a group as they would individually?

      Then why should they not have the same right to vote as a group as they would individually? You're doing a context switch between the two rights. Each person in a group retains an individual right to speech and to vote. Why should a group of n people get n+1 soapboxes but not n+1 ballots?

      Corporations are no more moral or immoral than the people running them.

      That's the same context switch. Individual persons within the corporation have a system of morality; a corporation itself is outside that system. An individual person will have a variety of values, but a corporation has one: to gain wealth. A corporation doesn't have the liabilities or social responsibilities as an individual person, and it doesn't have the rights.

    277. Re:Right of free speech + right of association by northstarlarry · · Score: 1

      The gum ball machine doesn't get to vote, but whoever manages the gum ball machine on behalf of its owners, is allowed to spend money to elect candidates who favor gumball sales. . . . Whoever manages the gum ball machine is also allowed to vote.

      Yes, allowed to spend her own individual money. Not the gumball machine company's money. That person can also vote. The gumball machine company can't.

    278. Re:Right of free speech + right of association by arminw · · Score: 1

      ....This circumvents the idea that rich people shouldn't have more chance to influence elections....

      As long as there have been governments of any kind whatsoever, those who were rich have always had more influence and power than the poor. That is because in almost every society, someone who is rich will always get around themselves people hoping to benefit from those riches. It's the same reason that a dog will often sit underneath the table, waiting for food scraps to drop off. Whether the rich organized themselves, such as corporations, or not doesn't really matter.

      The only real advantage a democracy has over other forms of government, is that the poor majority can rise up in revolution against the rich minority at the ballot box rather than with violence and bloodshed. The recent senatorial election upset in Massachusetts is an example of this. A democracy, the rich can only persuade, not force action. If the rich, including corporations, oppress the poor too hard, no amount of money will protect them.

      --
      All theory is gray
    279. Re:Right of free speech + right of association by northstarlarry · · Score: 1

      Not 'I get as many bowls as members of my group would get, minus the amount they got individually', just unlimited bowls, period.

      Well spoken!

    280. Re:Right of free speech + right of association by Uberbah · · Score: 1

      Wow. You win the award for deliberate obtuseness:

      You win the award for projecting. With a cannon.

    281. Re:Right of free speech + right of association by arminw · · Score: 1

      ....a corporation itself is outside that system...
      That is not true at all. The management of the corporation is people. Whatever values those people have, they will bring to the corporation. A corporation is nothing more than a convenient business structure. If the wealth and control of a given corporation were concentrated in a single person, then the Corporation would still reflect the morality and values of that person. There are many smaller corporations, wherein the ownership and management is identical. A corporation reflects the value system of its managers more than its owners.

      Arguments in this entire thread can be boiled down to the age-old argument of the rich against the poor. It is a fact of the human condition, that the rich always have had and always will have more influence on society than the poor. This is true of every government that is now and has ever been on earth, regardless of its form. Democracy is the best form of government, because it allows the poor masses to rise up against their rich oppressors without bloodshed.

      --
      All theory is gray
    282. Re:Right of free speech + right of association by northstarlarry · · Score: 1

      A corporation is nothing more than a convenient business structure.

      Then why does it have rights, and how can it have values?

      It is a fact of the human condition, that the rich always have had and always will have more influence on society than the poor. This is true of every government that is now and has ever been on earth, regardless of its form. Democracy is the best form of government, because it allows the poor masses to rise up against their rich oppressors without bloodshed.

      I am very confused. With whom are you associating the term "rich oppressors"? Does that refer to something other than a multi-billion dollar business wielding its revenues to lift a candidate into government? How can the "poor masses" rise up against that?

    283. Re:Right of free speech + right of association by lgw · · Score: 1

      But who decides? The decison about whether something is true has to be made by somebody, and if that decision affects who will govern then there are no disinterested parties. If you think mere logic and facts will sway such a decision in the face of self-interest, you haven't been paying attention. If any part of the government decides, you restrict campaigning to government-approved speech, which is pretty much the core of a one-party system. If you trust the voters to be smart enough to see through obvious lies, then just let democracy work. Stupid voters still produce amazingly more freedom than a Soviet "election" did.

      The whole "death panels" thing was a good example of something that resonated with voters - an exaggeration of something many people are genuinely concerned about. Very few people believed that "the heath care bill creates death panels that will decide to kill your grandma", but it's true that without healthcare rationed by affordability, you have healthcare rationed by a government decision-making process - some panel decides (we'd hope not on a person-by-person basis!) who is eligible for care and who isn't, by establishing some limits to care. A lot of Americans don't like that level of government control, regardless of the fact that it works elsewhere without becoming a totalitarian nightmare. Don't just assume people with different values than you are stupid.

      Oh, and Rush Limbaugh still isn't a politician, so I have to wonder why you'd injects facts about him (as opposed to statements made by him) into this discussion, except from simple spite.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    284. Re:Right of free speech + right of association by jwhitener · · Score: 1

      If their logic is sound, why was the court 5-4 and not 9-0? It is a little more complicated than an equation.

      But if conservative judges will always use a set of logic that brings them to that conclusion, then I think we'll need to change the first amendment to explicitly exclude non-living "people"/corporations.

    285. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      I'm inclined to agree, considering that the majority of Americans (or citizens of any other nation) aren't exactly very high on the intellectual scale, and lack an ability to think too far ahead into the future. A democracy is a form of government, where the minority (i.e. intellectuals) are subjected to the tyranny of the majority (i.e. everyone else).

    286. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      Since when did a corporation take a political stand on anything, endorsing anything?

      Microsoft and other tech companies have taken a political stand on H1-B visas. There stand "is no matter the actual number of programmers and IT professionals looking for jobs in the software and IT sectors, there are never enough qualified US citizens to fill their available positions and thus we must import talent from elsewhere."

    287. Re:Right of free speech + right of association by Lord+Ender · · Score: 1

      There is no simple fix to liberal democracy being liberal.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    288. Re:Right of free speech + right of association by virg_mattes · · Score: 1

      As long as there have been governments of any kind whatsoever, those who were rich have always had more influence and power than the poor.

      The rule against unlimited campaign conntributions was an attempt to level this field a bit. Allowing corporations to circumvent those rules unlevels it. Just because it happened in history doesn't make it a good idea.

      Virg

    289. Re:Right of free speech + right of association by Omestes · · Score: 1

      Actually shit for brains...

      What a great way illustrate that anything following that statement is well reasoned, eloquent, and worthy of a great deal of attention. Your language skills awe me, truly.

      their are plenty of states with laws on the books that if a mere majority of people in a workplace want to form a union, everybody else either joins up or quits.

      This must make unions (or "UNIONS" to follow the GPs scheme) ubiquitous and almost impossible to avoid. With membership at an all time low of 13% (or 7% the statistics vary), I can see how hard it would be to avoid working for a unionized company. Also, with the precipitous decline in union workplaces, I can understand how hard it is to avoid working in a place that suddenly unionizes, against your will.

      Unions are truly a great, and growing, threat against workers and there beneficent employers.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    290. Re:Right of free speech + right of association by jmorris42 · · Score: 1

      > However if we really believe "Congress shall make no law" means "Congress shall make no law"
      > then the restrictions on tobacco and alcohol advertising are right out.

      Yes. "No law" means pretty much what it says. Since almost day one of the Republic a few restrictions have been permitted, slander, libel, shouting "Fire!" in crowded theaters, etc. on the grounds no right is so 100% absolute that total anarchy has to be allowed.

      > If we believe the 14th Amendment means "and state legislatures shall also make no law" then
      > the restrictions on slander and libel are right out in addition to any "fighting words".
      > Obscenity statutes go down everywhere as well.

      See above regarding slander and libel. The 14th was passed with the best of intentions, and served a real purpose at the time, but the law of unintended consequences has hit this Amendment hard. It should be repealed for many reasons, the problems you note among them. Although many states have almost identical wording to the 1st in their own Constitution.

      --
      Democrat delenda est
    291. Re:Right of free speech + right of association by jahudabudy · · Score: 1

      So yes, speech definitely equals money.

      But only in this one, narrowly defined area, that happens to be convenient for corporations. If money REALLY equaled speech, there is no legal difference between paying a woman for sex and talking her into it, no difference between making a persuasive argument to a jury and paying them to find in your favor, etc. Seems obvious to me that money does not legally equal speech. You argue that it is money's ability to provide a broader platform for my speech that makes this an equivalence. Yet freedom of speech has never anywhere else been interpreted to be a guarantee of a platform for your speech. So why does money's obvious ability to guarantee that platform suddenly make it an integral part of political speech?

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
    292. Re:Right of free speech + right of association by SETIGuy · · Score: 1

      But who decides? The decison about whether something is true has to be made by somebody, and if that decision affects who will govern then there are no disinterested parties.

      Isn't that what we have juries and judges for?

    293. Re:Right of free speech + right of association by arminw · · Score: 1

      ....Then why does it have rights, and how can it have values?...

      Don't you understand that the PEOPLE that run a corporation have both? Many smaller corporations are run and owned by the same people.

      (....With whom are you associating the term "rich oppressors"?...)
      Any single person or group of persons (corporations) that use their money for selfish political purposes. A corporation is nothing more and nothing less, than a group of people who have pooled their resources towards a common goal.

      --
      All theory is gray
    294. Re:Right of free speech + right of association by arminw · · Score: 1

      ...politics = corruption...

      Would you name me one society or government that has ever been or is now on the face of the earth, that is not corrupt in some manner? Society, governments, corporations and other groupings are composed of people. All people are corrupted in some way. This means automatically, that if you put a corrupted person at the head of any organized group, be it a government or other grouping, that group will get corrupted eventually.

      The only human being who has ever been on this earth, who was not corrupted or sinful in any way shape or form was Jesus Christ. Christians have his promise that one day he will return and head a government which will not be corrupt. Until that day comes, all we can hope for, is that corruption and wickedness will be held to a somewhat tolerable level.

      --
      All theory is gray
    295. Re:Right of free speech + right of association by lgw · · Score: 1

      So, in 2000, when the SCOTUS made a decision that effectively seated a president, you would hold that out as a model of how the political system should work? Would you limit political speech to that approved by the courts, which are in turn appointed by the party in power? Does that not sound like the sort of feedback loop that causes trouble? Do you think that this would be applied only to clearly factual statements, and not statements that strongly implied a factual claim?

      After all, many versions of the health-care bill did, in fact, have "death panels" - they had nothing to do with deciding who lived or died, but were in fact panels counciling people about death. There's always going to be some judgement and subjectivity involved. Do you really think there is a problem that the courts should or even could solve here?

      Would you outlaw the term "greenhouse effect" when discussing global warming? The term is an outright lie in that context, and maybe the discussion about AGW would be more clear if the term wasn't used, but it's still useful linguistic shorthand, much like "death panels". Do you really want the courts involved on a phrase-by-phrase basis in all political discussion? I'm baffed by how anyone could think this was a good idea.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    296. Re:Right of free speech + right of association by plague3106 · · Score: 1

      I see nothing wrong with liberalism. Why do you hate freedom?

    297. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      When your country passes a law letting two people of the same sex get married, then maybe I'll help you get your head out of your ass when you talk about rights. And while you're at it, sign the fucking UNCRC. "The Convention on the Rights of the Child is the most widely and rapidly ratified human rights treaty in history. Only two countries, Somalia and the United States, have not ratified this celebrated agreement. Somalia is currently unable to proceed to ratification as it has no recognized government."

      Americans preaching about rights is like Jimmy Swaggart preaching about being faithful.

    298. Re:Right of free speech + right of association by jahudabudy · · Score: 1

      If big interests are "buying off" politicians (that is not the issue that even came before the Supreme Court, read the article!) then perhaps voters are electing the wrong one.

      What, you mean humans? It's all well and fine to say that politicians should not be influenced by campaign contributions, but they are. If you allow entities (people, corporations, foreign governments) to give a human being large amounts of money, it will influence their behavior. Full stop. The choices are to figure out a political system that accounts for this, design a different breed of human being, or allow money to become a large determining factor in our politicians' behavior.

      But of course, voters don't want to take any responsibility themselves.

      Again, you can complain all you want that the system isn't broken, the participants are. And you might have a point (although there is certainly a discussion to be had there). It's just irrelevant, assuming the goal is to design a system of government that doesn't emphasize the interests of those entities with the most wealth beyond any other interests. B/c you will not change the participants to fit the idealized rules.

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
    299. Re:Right of free speech + right of association by iggie · · Score: 1

      The right of people to form a common bond group is just as fundamental as the right to speak.

      Agreed.
      But, it does not follow that this common bond group also has the right to speak.

      Corporations are property. We as individuals have property rights, and we can own property jointly or separately. Our rights to property do not endow the property with rights.

    300. Re:Right of free speech + right of association by Dirtside · · Score: 1

      For those of a religious bent, I'd draw your attention to the source of those constitutional rights you just quoted: "They are endowed by their creator..."

      That's from the Declaration of Independence, not the Constitution.

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    301. Re:Right of free speech + right of association by Lord+Ender · · Score: 1

      Bill O? That you?

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    302. Re:Right of free speech + right of association by arminw · · Score: 1

      ....If a fundamental right like freedom of speech accrues from the members to the group, then why does a fundamental right like the vote not do the same?.....

      It could, because there is no fundamental reason why corporations should not vote, except that we did not see fit so far in our society to let corporations vote. The right to vote is not as fundamental as the right to free speech or assembly. Look how long it took American society and others to allow women or certain minorities to vote. In some societies, such as Moslem countries, women's rights are still very restricted.

      --
      All theory is gray
    303. Re:Right of free speech + right of association by arminw · · Score: 1

      ....Corporations are property....

      You have that wrong. Corporations are simply groups of people who have a common goal, usually to make money. Property can be owned by individuals or groups of individuals. People have certain rights, regardless whether individual or as a group. One of these rights is to own property.

      --
      All theory is gray
    304. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      Because it is composed of entities whom can. You want to take away free speech from the EFF, churches, political parties, etc?

      False comparison, in the vast majority of cases people belong to the EFF, churches, and political parties purely because they identify with the causes and values of the particular group. On the other hand, people rarely consider, and most of the time don't even know, what the senior executives value when considering becoming an employee of a given corporation. Furthermore, while work is technically voluntary in the USA (as no one will shoot you for not having a job), there are many practical considerations that might force you to work for people you don't agree with just earn a living. To put it another way, if I decide to quit supporting a political party that has zero direct impact on my personal finances and medical insurance, not the same as deciding to quit a job.

    305. Re:Right of free speech + right of association by Mikkeles · · Score: 1

      ""They are endowed by their creator..."

      So it means my mom, eh?

      --
      Great minds think alike; fools seldom differ.
    306. Re:Right of free speech + right of association by gwdoiron · · Score: 1

      So, you are implying that buying a set of TV commercials slamming a politician's opponent, is less of a bribe, than say, buying him a boat or a vacation for him and his missus in Sweden?

    307. Re:Right of free speech + right of association by sumdumass · · Score: 1

      Yet freedom of speech has never anywhere else been interpreted to be a guarantee of a platform for your speech. So why does money's obvious ability to guarantee that platform suddenly make it an integral part of political speech?

      Money doesn't guarantee a platform for the speech, it allows access to that platform. And it certainly doesn't mean the speech will be heard or effective. It's just so that the platforms right now demand money for access. IF they decided that they would air-print-distribute-televise-or anything else to everyone's opinion without expectation of payment, money wouldn't be a necessary part of the matter. But seeing how that's a wonderland fallacy and it all costs money to do, it is part of the speech process when you want your views heard.

    308. Re:Right of free speech + right of association by riverat1 · · Score: 1

      Money is not free speech! It is merely an amplifier of free speech. If money is free speech then Bill Gates owns about 200,000 times as much free speech as I do. The Founding Fathers of this country were largely anti-corporation in their outlook and are probably spinning in their graves right about now.

    309. Re:Right of free speech + right of association by sumdumass · · Score: 1

      I think you might be falling into a false dichotomy. There is a lot of middle ground you seem to be missing there.

      Either giving money to candidate alters their vote, or not.

      It can do neither in intent. What if the purpose of giving the money isn't even related to a vote but to a position the candidate takes in which the company finds favor in for what ever reason. This could be something as strong as supporting an issue or being totally silent on it when an opposing candidate stands harshly against that position. That's why giving money is speech.

      If it does not, it is corporate malfeasance and fraud on the shareholders to do it.

      There is already a regulatory department set up to correct management that do not honor their fiduciary duties to shareholders (which is what you are alluding to), but as I just mentioned, the reasons for donating the money could be totally separate from that candidate's vote and completely relevant to any of his challengers positions. For instance, if I manage a company that makes wool socks and a candidate for the senate says "shearing sheep of their wool is cruel to animals and should be prevented from ever happening", I could in good faith donate to the incumbent candidate who is totally neutral on the subject or who expresses how silly of an idea that is without ever running against my fiduciary duties (what you alluded to).

      If it does, it more than likely is bribery. In fact, almost all large donations to politicians are bribery.

      Yes and no. I agree whole heatedly with you here but want to caution that the way the vote is changed could change the entire concept of the argument. IF the only reason the vote was changed was because I gave someone 50k, then it's bribery as you mention. But in real life, if the reason the vote was changed was because I was able to introduce information to you that made you realize my way of thinking, then it wouldn't be bribery.

      Sadly, access to some politicians is too often relegated to those giving the most money which not only neglects the rest of his/her constituency, but it also blurs the lines between bribery and votes changed because of educated reasoning.

      Likewise, it is still malfeasance if the altered vote does not make more profit for the shareholders. Corporations lobbying, with their own money, to have less control by their shareholders, is ipso facto illegal.

      I'm not sure which law school you have went to, but I would check their accreditation a little better. Not loosing money, not loosing as much if a certain law was made a certain way, or making more then predicted are valid reasons to lobby or donate. It's not malfeasance or illegal as long as the fiduciary duty was maintains and the actions commenced in good faith of them.

      No one even slightly bothers to enforce any of this, of course.

      I can understand your not happy with this or corporations in general. But it's not all black and white- one way or the other. There are many shades of gray along that you seemed to ignore. This is enforced when it really happens, it can be enforced in a number of ways, two of which being lawsuits brought about by the shareholders or complaints to governing boards that enforce. Another way to address this is for the shareholders to replace the board of directors and instruct the new board to clean house of the bad elements.

      The real problem is that donating money to get people elected should be illegal, period. Candidates should get spending money from the government based on how many people they can get to sign onto their campaign, and that's it.

      Nonsense, this is a horrible idea. What you suggest would resolve out political discussion to only the popular and self financed people in this world. Bill Gates is proba

    310. Re:Right of free speech + right of association by iggie · · Score: 1

      corporations are literally the property of their shareholders.
      Other groups, clubs, unions, etc. are less obviously the property of their members, but the closest legally definable relationship between the group and its members is that of property and property owner. The group acts solely at the members behest and direction, no?

      At best, SCOTUS granted constitutional rights to property. At worst it granted them to collectives. Is there a legal formula or principle by which we can determine what constitutional rights these collectives now possess, and which do not apply to them? Can they vote? Can they bear arms? Why not?

      And exactly what types of collectives can we now welcome among our citizenry? Any collective formed willy-nilly? Does Al Qaeda now have 1st amendment rights? Saudi Aramco? Lukoil? Telmex? Why or why not?

      Discuss...

    311. Re:Right of free speech + right of association by riverat1 · · Score: 1

      Do you realize that this opens the door for corporations controlled by foreigners to spend money to directly influence United States elections? If this is allowed to stand don't you think it's another step on the road to the world government that so many righties fear? Multi-national corporations don't have any loyalties except to their bottom line.

    312. Re:Right of free speech + right of association by riverat1 · · Score: 1

      The way I put is "Money is an amplifier of free speech."

    313. Re:Right of free speech + right of association by riverat1 · · Score: 1

      Armin, How do you feel about the Chinese government influencing US politics through some US corporate subsidiary? Isn't this a step on the road to a one world government allowing unlimited foreign influence in US elections?

    314. Re:Right of free speech + right of association by enstrophy · · Score: 1

      Right of free speech + right of association = right of groups, as corporations, to speak freely.

      I believe the what is not appreciated in the above sentiment nor was apparently even considered by the Supreme Court is that corporations are not ' groups' as stated above, but are property. They can be bought and sold, unlike a group of like-minded individuals. This makes them fundamentally different from PACs, unions, churches and any other group of like-minded individuals.

      What the Supreme Court was more interested in is not permitting the government, representing the voting citizens, to invoke laws effectively 'chilling (the) political speech' of for-profit corporations (from the Syllabus of CITIZENS UNITED v. FEDERAL ELECTION COMMISSION). Considerable effort is expended in discussing how the government position interferes with corporate free speech rights (already assuming that for-profit corporation have such a right). What they choose to neglect is the diluting effect of the so-called corporate free speech rights on my political voice.

      Personally, I would go beyond the now over-turned laws and ban PACs funded from 'their general treasury funds,' on the ground that property (in contrast to the owners of property) can not hold a political opinion. Yes - I know the boundary between such an optimistic hope and complete delusion is very narrow.

    315. Re:Right of free speech + right of association by sumdumass · · Score: 1

      Nothing like that will happen. This isn't a ruling saying the government has no right to interfere with a legal entity, it's saying specifically that it can't restrict the political speech of it because free speech (mainly political speech) is protected from the government by the constitution.

      It would take another or a series of other rulings to even come close to what your mentioning.

      To put this into a more appropriate scenario or analogy, it's more like the mom saying that the kid can't buy mountain dew because of a certain ingredient, not that you can't buy and drink carbonated drinks altogether.

    316. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      So, for example, if you restrict "information flow" from black people, you're not promoting or aiding any agendas...?

    317. Re:Right of free speech + right of association by MindlessAutomata · · Score: 1

      So people aren't allowed to try to legally protect their own economic interests? Google shouldn't be able to, say, fight a pending law that would (in a ridiculous dystopian future) prevent it from having to hand over user information to the government?

    318. Re:Right of free speech + right of association by wallsg · · Score: 1

      The right of association does not necessarily mean the will of the members of that association will be reflected. It means the will of the LEADERS of that association will be reflected. That may or may not reflect the membership, and the membership may or may not be voluntary unless you like quitting jobs because your boss or union steward does not agree with your political views.

      You mean like AARP and healthcare?

    319. Re:Right of free speech + right of association by wallsg · · Score: 1

      In my own admittedly backwards country, the only legitimate participants in a democracy are citizens who can vote.

      Interesting. Would you tell illegal aliens to shut up and not lobby/march to influence legislation? Somehow I don't think that position will be as popular with those who hate corporations.

    320. Re:Right of free speech + right of association by riondluz · · Score: 1

      And how ironic i find it that i (contrarily) can support the majority decision; despite holding my nose
      in low regard for the those particular justices (and hoping there is a special place reserved for that pompous one). What i hear them saying is protect a persons' right to free speech liberally and revoke the personhood of corporation to curb their enthusiasm and reach. That is what the 4 dissenters should be proposing in response.
      P.S. I wish a law existed mandating a 5yr minimum (in solitary) for any official convicted for corruption:)
      or 5 years community service on work-release.

      --
      resist propaganda
    321. Re:Right of free speech + right of association by iggie · · Score: 1

      whoever manages the gum ball machine on behalf of its owners, is allowed to spend money to elect candidates who favor gumball sales

      Only in as far as state and federal laws allow gumball machines to do such things.
      The gumball machine does not have constitutional rights, dammit!

    322. Re:Right of free speech + right of association by arminw · · Score: 1

      ....corporations are literally the property of their shareholders....
      No, you have the wrong again. The ASSETS of the corporation are property, not the corporation itself. The shareholders don't own the corporation, but they have a SHARE of the property and profits of the Corporation. Corporations can own other corporations which in turn can own any others.

      (....Can they vote? Can they bear arms? Why not?....)

      For the longest time women did not have the right to vote. Neither did blacks. They were given that right later. Society that makes laws enabling corporations can allow or deny certain rights that are not HUMAN rights. When our forefathers formed a government on this continent, they were keenly aware that all human governments are proxies for the government of God. Our modern society has forgotten that. Our forefathers were aware that human beings were given certain rights by their Creator. The Creator never made corporations. The question is whether God given rights enshrined in the Constitution apply only to individual people or apply equally to groups of people as a whole. Evidently, the SCOTUS decided that the right of free expression accorded to individuals also applies to groups of individuals, such as corporations or unions. I agree with them on that.

      Corporations can do and hire armed guards. Is that what you mean by bear arms?

      (...And exactly what types of collectives can we now welcome among our citizenry?...)
      Corporations, unions, and other affinity groups of individuals all have certain legal limitations and obligations formulated by our society. It is a basic human right to form groups, but society has a right and obligation to see to it that these groups do not produce harm for the entire society. Any group or individual that resorts to criminal or terrorist means to try to impose their view on everybody must be stopped and made ineffective. A group like the Klu Klux Klan for example, may try by peaceful means to persuade others, but not by force or intimidation.

      The SCOTUS decision does not prevent government from regulating group speech and other behavior, but it does not allow government to prohibit such speech completely. One regulation, if it does not exist already, would be that each group must acknowledge that it is behind the funding of a given message. They could also be required to clearly identify the ultimate source of all funds used to pay for the propagation of the message. This court decision is not the end of the world.

      --
      All theory is gray
    323. Re:Right of free speech + right of association by riverat1 · · Score: 1

      You know, the right complains all the time about activist judges legislating from the bench. Well, that decision was about as activist as it gets. They decided that rather than just address the narrow question about Citizens United's rights to air their film they would expand it to include this much broader question. Activist judges is a straw man term for judges that make decisions your don't like. (Yes, I see the irony in my statement that it was and activist decision).

    324. Re:Right of free speech + right of association by riverat1 · · Score: 1

      Money != speech. It is merely an amplifier of speech. Why should Bill Gates have 200,000* times as much free speech as I do?

      *Estimate based on estimated net worth.

    325. Re:Right of free speech + right of association by riverat1 · · Score: 1

      If I could use my mod points here you'd get an (ironically) insightful mod from me.

    326. Re:Right of free speech + right of association by amRadioHed · · Score: 1

      That is the dumbest thing I've ever read. That fact that you used the phrase "my team" says all we need to know. Maybe if you were concerned more about what is good for the nation instead of what is good for your team you would realize that more money is not the way to go.

      Yes, choosing a candidate is much more important that choosing a brand of shoes, and that is the exact reason why we need less commercials and more discussion. Debates inform the public, ads do just the opposite.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    327. Re:Right of free speech + right of association by hkmwbz · · Score: 1

      Corporations only exist as a construction made by the government. Just like the government runs the police, etc. Things operated/created by the government has many restrictions compared to individuals. Why should corporations have free speec if police officers on duty do not have free speech?

      --
      Clever signature text goes here.
    328. Re:Right of free speech + right of association by DavidTC · · Score: 1

      I think you might be falling into a false dichotomy. There is a lot of middle ground you seem to be missing there.

      Um, no. It's a dichotomy because the results are dichotomies.

      All corporate spending must be towards the end of providing profit to the shareholders. There's not any middle ground there...it is either legitimate corporate spending, or it is not.

      The only way it can be legitimate corporate spending is if it alters something, in some way, to make it more favorable to the corporation.

      What if the purpose of giving the money isn't even related to a vote but to a position the candidate takes in which the company finds favor in for what ever reason. This could be something as strong as supporting an issue or being totally silent on it when an opposing candidate stands harshly against that position. That's why giving money is speech.

      If the money does not alter the corporation's fiscal position, it is MALFEASANCE.

      Now, you're trying to argue the already used loophole, in that corporate money doesn't change politician behavior, it simply help politicians who already behave a certain way get elected.

      This, of course, is, and has been, utter nonsense from the start. It's akin to lawyers helping judges pay for their parking each morning, and claiming it's legal because it doesn't 'bribe' anyone to make decisions in their favor, it just helps judges get to work. It's total nonsense. It's obvious nonsense.

      It might, might, might be possible to argue that specific support to a specific candidate really was legal. Occasionally, yes, a race will be close, between two people, one of whom is obviously better than the other, and some sort of case could be argued that such a donation was legal. And they should be happy to argue that to both the SEC (that their donate was an attempt to help the company) and the FEC (That their donation was not any sort of bribe.) At the same time.

      That doesn't change the fact that 99% of them are bribes, that are not attempts to alter the race at all, but simply payment to the politician. The guy slipping the politician a wad of cash under the restroom door might also be someone paying off a legit gambling debt, but we should probably investigate.

      And donations to competing candidates, which is what usually happens, are so obviously bribery attempts that corporate officers should just be arrested immediately. What is even the theory there that could possibly make their behavior legal? They want both candidates elected?

      This is enforced when it really happens, it can be enforced in a number of ways, two of which being lawsuits brought about by the shareholders or complaints to governing boards that enforce. Another way to address this is for the shareholders to replace the board of directors and instruct the new board to clean house of the bad elements.

      Yeah, because that happens so much.

      Bill Gates is probable more popular then you are, he could easily get more signatures then you could, would you want his stardom dictating that he get 200 times more money to run his campaign then you?

      Erm, as opposed to now, where the entire resources of Microsoft can back him? (Yes, yes, MS still can't 'donate' to him, but it could, instead, run their own campaign to have him elected.)

      Or even opposed to before this court ruling, in which the rules operated exactly how I said, with the sole difference you were using your own money, and not the government money.

      I.e., you could only donate X amount of money to someone's campaign, but only if you had it to start with. And you could do it to as many people as possible. (So you could pay off opposing candidates.)

      Do you even know how the rules work at all? Because your objection applies a billion times more to the current system. What I suggested only lets each person donate the exact same amount of money in total, regardless of how rich they are, which is a hell of a l

      --
      If corporations are people, aren't stockholders guilty of slavery?
    329. Re:Right of free speech + right of association by DavidTC · · Score: 1

      Are you really asserting they can't vote collectively solely because we have a secret ballot?

      First of all, I will point out that you cannot deny someone the vote because they cannot vote secretly.

      In fact, some people already have to vote non-secretly: The very feeble and disabled. Some of them can't operate a pencil or touch screen. Someone like Steven Hawkings cannot vote 'secretly'. He has to have someone help him, who will know who he voted for. (He's British, but you get the point. There are people in the US like him.)

      Inability to cast a secret ballot does not, and can not, render you unable to vote. We try to reduce amount of non-secret ballots with technology, but there's always going to be someone who just got blinded and can't read braille yet, or someone who can only move their eyes, or whatever, who needs help with voting, and those people not only deserve the right to vote, we are required constitutionally to give them someone to help them vote.

      Secondly, you're assuming some sort of publicly-owned corporations, where they, indeed, would have to make who they voted for known, I guess.

      But it's entirely possible to have a privately-owned corporation and have it vote, you know, privately. Um, duh. If you want to assert 'multiple people' seeing it makes it unprivate, nothing stops the voting from being done by a single officer designated to do that, or even that the entire corporation is owned by a single person.

      The whole 'not a secret ballot' objection is not a sane argument about why corporations cannot vote. Perhaps you should try again.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    330. Re:Right of free speech + right of association by corbettw · · Score: 1

      Let me see if I understand you.

      Nope, you don't.

      --
      God invented whiskey so the Irish would not rule the world.
    331. Re:Right of free speech + right of association by corbettw · · Score: 1

      Just because I associate with somebody for the purposes of earning wages does not mean I should be compelled to give them a proxy to my right of free speech.

      So your boss isn't free to spend his money because you disagree with his views and somehow helped him earn that money? Yeah, you're definitely advocating freedom with that stance.

      --
      God invented whiskey so the Irish would not rule the world.
    332. Re:Right of free speech + right of association by shutdown+-p+now · · Score: 1

      So, for example, if you restrict "information flow" from black people, you're not promoting or aiding any agendas...?

      Which part of "If all information flow is equally restricted" is hard to understand?

    333. Re:Right of free speech + right of association by SnapShot · · Score: 1

      You can pretty much guarantee that anything the Right is complaining about, they are doing.
      Complaining about fiscal responsibility? They ran the debt up from $5T to $10T in 8 years.
      Complaining about social values? They play footsie with underage undercover interns in public restrooms while wearing diapers (okay, I might be conflating a few different conservatives here...).
      Complaining about activist judges? They anointed a president and gave freedom of speech to an IRS Form 1020 Schedule K.
      Complaining about politically correct "censorship"? They've spent the last 7 years trying to shut down dissent by accusing everyone from Max Cleland to John Kerry to undercover CIA agents of being terrorist sympathizers.

      Unfortunately, for a sizable minority of American citizens this kind of double-talk works. When I'm feeling particularly conspiracy minded, I can't help but wonder if the Right used their anti-tax rhetoric to destroy the schools first so they could win elections later. But, that would take way too much planning, wouldn't it....?

      --
      Waltz, nymph, for quick jigs vex Bud.
    334. Re:Right of free speech + right of association by Teun · · Score: 1

      We are discussing commercial entities taking influence on the democratic process, that's quite a different thing than a gathering of like minded voters.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    335. Re:Right of free speech + right of association by riverat1 · · Score: 1

      You nailed it. I think it's projection. If the other guys are doing it then it's ok if I do it so they twist things to sound like the others are and so it's never their fault. The right just wants worker drones educated just enough to do their work.

    336. Re:Right of free speech + right of association by northstarlarry · · Score: 1

      Don't you understand that the PEOPLE that run a corporation have both?

      Of course I understand that. In fact, I've said it three or four times now. What you're not understanding is that that's not what we're talking about. The basis of the Supreme Court decision, and ergo what you are defending, is a thing called "corporate personhood". It means that when a group of persons get together, that group itself is considered another person in addition to the persons making up the group, and that fictional person, according to this doctrine, has rights unto itself. That's what I have a problem with.

      Many smaller corporations are run and owned by the same people.

      I know it well. I've worked for small businesses my entire life. I intend to open my own in a few years. I don't think that either my (future) corporation or any of the ones I've worked for have any right to run political ad campaigns. I do myself, but not the corporation.

    337. Re:Right of free speech + right of association by arminw · · Score: 1

      (....that fictional person, according to this doctrine, has rights unto itself. That's what I have a problem with...)

      I can see that, but then how do a number of people get together to speak as a group? How for example, would a group of people get together to pay for a full-page political ad in the New York Times? If you would not outright prohibit such a thing, what would be a mechanism for this? How can a group of people pool their resources and speak with one voice?

      --
      All theory is gray
    338. Re:Right of free speech + right of association by arminw · · Score: 1

      ...The gumball machine does not have constitutional rights, dammit!....
      Ha ha, I would certainly agree with that. However a corporation is not a piece of property, but an assemblage of people with common goals. The analogy is faulty in this regard. The question really is whether groups of people have the same rights as a group as they have as individuals.

      Would you have a problem, if one multi-millionaire gumball machines owner spent $10,000 on a full-page ad trying to persuade people to vote for a candidate who was favorably disposed toward gumballs? What if 100 people got together, who love gumballs, but spent $100 each toward such an ad? What, if any, is the difference here? If that group of people calls themselves a corporation, would they suddenly not be allowed to purchase the ad?

      In my opinion, the SCOTUS upheld the right of free speech for everybody, whether speaking individually or as groups of individuals who pool their resources.

      --
      All theory is gray
    339. Re:Right of free speech + right of association by arminw · · Score: 1

      ....Armin, How do you feel about the Chinese government influencing US politics through some US corporate subsidiary?....

      As long as their ads prominently and openly states that the source of funds, why not? People are not stupid. If they were plainly told who was behind the ad, they would certainly take that into account. At least I would. In the end, ads can only persuade, but not control the outcome. If the source of the money behind the ad is clearly and prominently identified, it should be OK.

      Would you vote for a candidate whose campaign was clearly financed by the Chinese or other foreign government? I wouldn't, would you? The SCOTUS only prevents the outright prohibition of corporate financing. This does not mean there can't be regulations about disclosure and other rules.

      --
      All theory is gray
    340. Re:Right of free speech + right of association by riverat1 · · Score: 1

      You and I pay attention to those sorts of things but many, maybe most people do not. And there are a myriad of ways to conceal that sort of thing in corporate structures. I'd just as soon make it illegal for anyone but a citizen to contribute to a political campaign. Corporations are not citizens. They have plenty of opportunity to influence the political process through lobbying.

    341. Re:Right of free speech + right of association by sumdumass · · Score: 1

      All corporate spending must be towards the end of providing profit to the shareholders. There's not any middle ground there...it is either legitimate corporate spending, or it is not.

      Agreed but all providing profits is not increases in profits. Spending to limit losses or maintain the status quo is also the same as providing profits. That's why you never see boards ejected for donating to the Red Cross or some other charity- it's free publicity within that group. The proper term you are looking for is not profit but fiduciary duty.

      The only way it can be legitimate corporate spending is if it alters something, in some way, to make it more favorable to the corporation.

      Again, agreed. The problem with the black and white scenarios you were attempting to make is that whatever is being altered does not have to be direct profit or regulations or laws. Donating to candidate B because they are more favorable to your business model while the others are extremely hostile is neither bribery nor malfeasance as you attempted to paint as the only two choices.

      If the money does not alter the corporation's fiscal position, it is MALFEASANCE.

      Wrong, we are not dealing with just the present. We have to consider the future too. If it looks like a candidate would be detrimental to a profit center, then donating in an attempt to keep them from office would not alter the corporations fiscal position but maintain it. That would not be malfeasance no matter how hard you wanted it to be.

      Now, you're trying to argue the already used loophole, in that corporate money doesn't change politician behavior, it simply help politicians who already behave a certain way get elected.

      No, I'm not attempting to ignore that what you claimed happens, I'm attempting to claim that this can happen and the two situations you describe are by no means the only two situations. I'm also allowing for the fact that politicians are not all knowing, and with the right education, they can be persuaded to view things differently. In that situation, money is only incidental because it only allowed access to educate the politician, it didn't sway the opinion, the facts (opinions) as presented did. Again, there is more then one way or the other.

      This, of course, is, and has been, utter nonsense from the start. It's akin to lawyers helping judges pay for their parking each morning, and claiming it's legal because it doesn't 'bribe' anyone to make decisions in their favor, it just helps judges get to work. It's total nonsense. It's obvious nonsense.

      Take your blinders off and look around a little. This is nothing like that and I do not know of any place where that is legal. In my state, municipality, and every one I have lived in, the courts house had special parking for the judges and employees which would not cost them one dime to park. In fact, when I do technical assistance for an attorney I work with at the court house, they validate my parking receipt and reimburse me for the costs at the clerk of courts office.

      It might, might, might be possible to argue that specific support to a specific candidate really was legal. Occasionally, yes, a race will be close, between two people, one of whom is obviously better than the other, and some sort of case could be argued that such a donation was legal. And they should be happy to argue that to both the SEC (that their donate was an attempt to help the company) and the FEC (That their donation was not any sort of bribe.) At the same time.

      That doesn't change the fact that 99% of them are bribes, that are not attempts to alter the race at all, but simply payment to the politician. The guy slipping the politician a wad of cash under the restroom door might also be someone paying off a legit gambling debt, but we sho

    342. Re:Right of free speech + right of association by DavidTC · · Score: 1

      I'm also allowing for the fact that politicians are not all knowing, and with the right education, they can be persuaded to view things differently. In that situation, money is only incidental because it only allowed access to educate the politician, it didn't sway the opinion, the facts (opinions) as presented did.

      This is just flatly idiotic on the face of it.

      You constantly say 'I see things how I want to see them.' Well, you know what? Giving someone money so you're allowed to talk to them and 'change their opinion' is bribery.

      You can stand there and argue all you want, but I'm not actually trying to convince you, you are a rather well-known political loon. I think I've pretty much convinced everyone else reading.

      In the bill gates scenario I gave, you would loose because Gates is simply more popular then you are. With any limits at all, you could not realistically overcome that disadvantage no matter how popular or important your message was. Without limit's, you can find people who will back you, people who will give as much as they can, and with proper management of those funds, you can and will have a chance to defeat Gates' popularity and make it about the issues that gained you the support and not who is most or worst liked.

      So your solution to the 'Bill Gates' nonsensical problem you presented is remove all spending limits, and if I want to get elected, I can find some other rich guy to suck up to? And this is presented as some sort of actual rebuttal to the problem?

      You know what? Fuck you. Yeah, just fuck you. This conversation is over.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    343. Re:Right of free speech + right of association by lgw · · Score: 1

      How is a commercial entity not a gathering of like-minded voters? How would you distinguish between a corporation that represented "a commercial entity" and a corporation that represented "a gathering of like-minded voters"? If I were the party in power, I'd be sure to call my opponents the former and my supporters the latter! If I were successful, it would be a quick trip to a one-party system.

      Do you also believe that freedoom of the press should be restricted to non-corporations, or only freedom of speech?

      --
      Socialism: a lie told by totalitarians and believed by fools.
    344. Re:Right of free speech + right of association by yndrd1984 · · Score: 1

      You win the award for projecting. With a cannon.

      So it was worth the time to make a snide remark, but not to point out what I missed so that we could have a good discussion. Kind of wastes a comment, doesn't it?

    345. Re:Right of free speech + right of association by yuhong · · Score: 1

      Yea, even a simple constitutional amendment stating that money is not speech could have a big effect.

    346. Re:Right of free speech + right of association by sumdumass · · Score: 1

      This is just flatly idiotic on the face of it.

      You constantly say 'I see things how I want to see them.' Well, you know what? Giving someone money so you're allowed to talk to them and 'change their opinion' is bribery.

      Nonsense, the money only provides a route of access, it's not the only route nor is it what sets or changes a position. The information or opinions are what changes the positions a politician takes not always the money. There is no guarantee of the position being changed either. You're doing little more then imposing your own imagination on the situation and acting like it's the only thing possible. As I demonstrated, you are wrong.

      You can stand there and argue all you want, but I'm not actually trying to convince you, you are a rather well-known political loon. I think I've pretty much convinced everyone else reading.

      Political loon? That's a laugh when it's coming from someone who has been proven wrong politically many of times. Face it, things are not like they are in your imaginary world when you get into real life. You might be able to find people to follow your argument, but then you will be just preaching to the quire. You sound like that democrat on Chris Mathews show who attempted to claim that MASS electors voted for a republican to replace the late Ted Kennedy because they already had health care and didn't care if anyone else did. He totally ignored the reality that the plans going around Washington scare so many people or the fact that in the list of problems people want solves, health care is something like 7th or 8th on the list. What makes you like that is the fact that you seem to want to ignore real life in order to maintain your imaginary based ideology.

      So your solution to the 'Bill Gates' nonsensical problem you presented is remove all spending limits, and if I want to get elected, I can find some other rich guy to suck up to? And this is presented as some sort of actual rebuttal to the problem?

      Why would you need to find some rich guy for? If your message was truly sincere and better for the country, you could get your money from everyone you could convince into believing in you. And yes, the answer is to no saddle you or anyone else with arbitrary limits that will stop you or them from getting your message out.

      You see, the way politics or just about any other movement works is that you tell a few people your ideas, if they like it and support you, they encourage others to do the same and you end up with donations that can be used to spread your message to others who would do the same. MS could go bankrupt backing Gates and all you would need to do is get your message to the right people at the right time. This is because there will come a point- and this point will be different for each person and their message- where the opposition has to start spending exponential amounts of money in order to counter your message. Then there will come another point in time when the spending to counter reached such a high level, it alarms others into hearing what you want to say and it becomes even easier for you to get your message out. Finally, all the increased spending by the opponent will end up hurting their chances and degrade their popularity while driving the couch potatoes out to actually vote for you. That's how campaigns have worked since the beginning of this country, it's how the churches spread like dandelions in a field, it's how shit happens in the real life. Maybe the fact that you do not know this is why you seem to be wanting to shoot yourself in the foot by arbitrarily limiting campaign donations. And yes, when they started limiting donations, the dems started loosing while complaining that republicans were outspending them.

      You know what? Fuck you. Yeah, just fuck you. This conversation is over.

      Yes, I would abandon your position too.

    347. Re:Right of free speech + right of association by Anonymous Coward · · Score: 0

      In practice, buying the ads that get candidates elected is every bit as transactional as passing a bribe.

      My question is, once the corporations, the unions, the foreign governments completely own our politics, what makes you think they'll give a damn about individual liberty?

    348. Re:Right of free speech + right of association by yuhong · · Score: 1

      Most corporations are in fact governed by the opinions of a few dozen people that have bonuses dependent on a variation in the corporate income a few percent per year.

      Corporations are EXACTLY like machines running a program to maximize profit margins. They only don't run wild and consume all resources because of limiting rules, The Law. (i.e. "No sweatshops or child labour") Otherwise, people would be used up like any other available resource, worked to death.

      That is another mess altogether.

    349. Re:Right of free speech + right of association by yuhong · · Score: 1
  7. So much for government by the people by bkr1_2k · · Score: 1, Insightful

    Now your vote really doesn't count... if it ever did after creation of the electoral college. With unlimited spending the sheep who listen without thinking will just keep electing who they're told and never consider the consequences. Yay...

    --
    "Growing old is inevitable; growing up is optional."
    1. Re:So much for government by the people by maxume · · Score: 2, Insightful

      That's still government by the people.

      --
      Nerd rage is the funniest rage.
    2. Re:So much for government by the people by tjstork · · Score: 1

      With unlimited spending the sheep who listen without thinking will just keep electing who they're told and never consider the consequences. Yay...

      You are just bitter that the sheep will listen to someone besides you.

      --
      This is my sig.
    3. Re:So much for government by the people by Attila+Dimedici · · Score: 1

      Now your vote really doesn't count... if it ever did after creation of the electoral college. With unlimited spending the sheep who listen without thinking will just keep electing who they're told and never consider the consequences. Yay...

      So, you apparently believe that the votes of individuals have not counted in the U.S. since the ratification of the Constitution. Of course, what you don't seem to understand is that the Electoral College actually increases the weight of an individual vote. I saw an article online several years ago where someone worked through the math to show that by dividing people up to vote for the members of the Electoral College it increased the weight of each vote over a simple majority takes all system.
      One thing to keep in mind, the "corporation" in question was a group of people who did not like Hillary and made a movie about her. They attempted to distribute this movie as pay per view in 2008. Lower courts ruled that the movie was a long political ad and therefore should be subject to regulation under the McCain-Feingold bill.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    4. Re:So much for government by the people by Salgak1 · · Score: 1

      How exactly does this affect my vote counting or not ? It just means more spam in the mail - which becomes kindling in my fireplace, and more commercials on radio and TV. . .which I generally don't listen to or watch anyway. They're ALL pimps and whores, and if they want to spend more money in political advertising BS, well, it's a free country, and the rest of us are free to ignore the noise. . .

    5. Re:So much for government by the people by MindlessAutomata · · Score: 0, Troll

      With unlimited spending the sheep who listen without thinking will just keep electing who they're told and never consider the consequences. Yay...

      So your argument basically is, "If some groups that I don't like get greater influence, they will convince people to vote ways I don't like."

      Sorry, buddy! You can't complain about people disagreeing with you if you buy into the democratic premise to begin with! Trying to silence groups that don't match your agenda is actually undemocratic, anyway, because it makes a farce out of the idea of people voting their mind.

    6. Re:So much for government by the people by madpansy · · Score: 1

      The electoral college may increase the weight of an individual vote in less populous states at the cost of larger ones. And forget about the popular vote, especially in states where a candidate who wins a state election with ~40% of the vote gets 100% of the electoral votes.

    7. Re:So much for government by the people by Attila+Dimedici · · Score: 1

      NO, it increases the significance of an individual vote, even in the most populous states. Which is more significant one of approximately 25 million (the population of Texas) or one of approximately 300 million (the population of the US in total)?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    8. Re:So much for government by the people by Anonymous Coward · · Score: 0

      Now your vote really doesn't count... if it ever did after creation of the electoral college.

      What on EARTH do you mean? The electoral college and other hierarchical representation structures AMPLIFY the effects of individual votes. Look at what just happened in Massachusetts. The Senate was on a track toward passing a fairly remarkable health care bill, but a small fraction of the people in this country, specifically, those who live in one particular state, were able to completely turn the tide. If we were in a direct democracy, would that have happened?

      (In a sense, it doesn't seem fair that such a small group of people should be able to completely redirect the Senate, but the balance of power in the Senate was already on a knife-edge. The bigger problem, IMHO, is that all Senators should be elected SIMULTANEOUSLY, so that one state can't come in in the middle of a process and completely change the dynamic. We should all make our choices at the same time. Of course, this wasn't your typical election. I'm not really sure how to deal with this situation)

    9. Re:So much for government by the people by Anonymous Coward · · Score: 0

      it's a free country, and the rest of us are free to ignore the noise. . .

      YOU might have the brains to ignore the noise, but the other half of the population that has double-digit IQs believes what the man on the big screen says, so you will be outvoted by the special interests every time.

    10. Re:So much for government by the people by Thuktun · · Score: 1

      Now your vote really doesn't count... if it ever did after creation of the electoral college.

      You mean, with the writing of the Constitution? It's been there from the start. All the Twelfth Amendment did is make the President and VP get elected together on the same ticket, rather than separately.

    11. Re:So much for government by the people by maxume · · Score: 1

      I would argue that increasing the weight of an individual vote is a flaw, not a feature.

      To me, the 'fairest' election is the one in which all votes are as equally influential as possible.

      --
      Nerd rage is the funniest rage.
    12. Re:So much for government by the people by Attila+Dimedici · · Score: 1

      So, you would prefer an election where there is no point in voting because your vote doesn't count?
      The Electoral College doesn't make a specific individual vote carry more weight, it makes every individual vote carry more weight. That is, it makes every individual vote more influential.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    13. Re:So much for government by the people by maxume · · Score: 1

      It isn't that I don't want my vote to count, it is that I don't want your vote to count more.

      A national instant runoff election would likely lead to a vote where people more clearly expressed their feelings (and everyone would have a say over the most intense competition without removing their ability to express a preference for a different candidate).

      --
      Nerd rage is the funniest rage.
    14. Re:So much for government by the people by MacWiz · · Score: 1

      I saw an article online several years ago where someone worked through the math to show that by dividing people up to vote for the members of the Electoral College it increased the weight of each vote over a simple majority takes all system.

      The Electoral College doesn't make a specific individual vote carry more weight, it makes every individual vote carry more weight. That is, it makes every individual vote more influential.

      This is, of course, impossible.

      First of all, the guise of making each vote "more influential" would seem to indicate a distinct attempt to change the value of each vote in some manner. Whether beneficial or detrimental, the point is that they manipulate the worth of the votes.

      The Electoral College skews the election results, especially in states with larger populations, by essentially giving the other candidate no credit for their votes, even if it was a close contest. Theoretically, you could take 49% of the popular vote in a large states (California, Texas, New York, Ohio) and still not get a single electoral vote. Even worse, your votes go to the other side.

    15. Re:So much for government by the people by Attila+Dimedici · · Score: 1

      You don't understand. The Electoral College increases the value of every vote. The system you propose would reduce the value of individual votes, making your (and everyone else's) vote less significant.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    16. Re:So much for government by the people by maxume · · Score: 1

      You say that I don't understand, but I do understand, I simply disagree that increasing the odds that a single vote will turn an election is a good thing.

      --
      Nerd rage is the funniest rage.
    17. Re:So much for government by the people by Attila+Dimedici · · Score: 1

      So, you disagree with those people who think our system should be made more responsive to the will of the people? The less impact a single vote (any single vote) has on the outcome of an election, the less responsive elected officials need and will be to the will of the people.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  8. Welcome to Fascism by jwhitener · · Score: 0, Troll

    The U(F)SA is now a de facto fascist state.

    1. Re:Welcome to Fascism by ScentCone · · Score: 2, Insightful

      The U(F)SA is now a de facto fascist state.

      (citation needed)

      Or, perhaps just a functioning definition of the word "fascist," which you clearly don't have. Idiot.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:Welcome to Fascism by Leghorn · · Score: 1

      It has happened here.

      --
      ----- Leghorn "Not responsible for program content"
    3. Re:Welcome to Fascism by mweather · · Score: 1

      Fascism is corporatism coupled with authoritarianism, so he's only half wrong.

    4. Re:Welcome to Fascism by Anonymous Coward · · Score: 0

      "Fascism should more properly be called corporatism because it is the merger of state and corporate power."
      -- Benito Mussolini

      Sounds like an accurate enough definition to me.

    5. Re:Welcome to Fascism by ArcherB · · Score: 1

      The U(F)SA is now a de facto fascist state.

      Does this qualify as a Godwin violation?

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    6. Re:Welcome to Fascism by V50 · · Score: 1

      Over the top use of words and phrases likes that not only makes you look panicked and ridiculous, but weakens it for when a case might actually be applicable. I assume you are probably referring to the corporate state idea, but even then, a simple ruling is just a ruling. IBM does not yet appoint the president, Microsoft does not have a veto on laws. One must wait until time has actually passed to see if your zealous "END OF AMERICA" prediction actually happens. My guess: it won't. Corporations will spend more money during elections, maybe (or possibly not, we'll see) but your country will pretty much remain the same.

      Reminds me of when Stephen Harper was elected in my country four years ago. Some people made up mock tombstones with "Canada 1867-2006". Four years later, despite what one may think of him, Canada certainly did not end in 2006, and that stuff just served to make the creators look like political chicken littles.

    7. Re:Welcome to Fascism by nebaz · · Score: 4, Informative

      From wikipedia

      Fascism, pronounced /fæzm/, is a political ideology that seeks to combine radical and authoritarian nationalism with a corporatist economic system, and which is usually considered to be on the far right of the traditional left-right political spectrum.

      To speak: This ruling allows corporations unlimited spending, which tends toward corparatism. The fact that the Executive Branch's power has grown after 9/11, and has not retracted under Obama, along with the "you are with us or against us" patriotic thuggery from the far right, has the US tending toward (though not there yet, thankfully) authoritarian nationalism. Finally, the conservative judges made this possible, along with the far right being the harbinger of the nationalism, and we are well on our way.

      --
      Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    8. Re:Welcome to Fascism by Chris+Mattern · · Score: 2, Insightful

      The U(F)SA is now a de facto fascist state.

      Because remember, kids, "fascist" means "something I personally don't approve of."

    9. Re:Welcome to Fascism by Jeremy+Erwin · · Score: 2, Informative

      Ur Fascism (Umberto Eco) I'm not sure that it's a terribly useful definition for the internet. It, is however, a definition.

      The closest Eco comes to denouncing corporatism is in this paragraph.

      13. Ur-Fascism is based upon a selective populism, a qualitative populism, one might say. In a democracy, the citizens have individual rights, but the citizens in their entirety have a political impact only from a quantitative point of view – one follows the decisions of the majority. For Ur-Fascism, however, individuals as individuals have no rights, and the People is conceived as a quality, a monolithic entity expressing the Common Will. Since no large quantity of human beings can have a common will, the Leader pretends to be their interpreter. Having lost their power of delegation, citizens do not act; they are only called on to play the role of the People. Thus the People is only a theatrical fiction. To have a good instance of qualitative populism we no longer need the Piazza Venezia in Rome or the Nuremberg Stadium. There is in our future a TV or Internet populism, in which the emotional response of a selected group of citizens can be presented and accepted as the Voice of the People.

    10. Re:Welcome to Fascism by Anonymous Coward · · Score: 0

      Wrong on which half?

    11. Re:Welcome to Fascism by bill_mcgonigle · · Score: 1

      Right, so corporate money hasn't been involved in politics in the past 20 years.

      You have a choice between it being out in the open or behind closed doors. Choose wisely.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    12. Re:Welcome to Fascism by corbettw · · Score: 0, Troll

      I wouldn't trust that Wikipedia definition, as "fascism" under that understanding bears no resemblance to fascist Italy, Spain, or Nazi Germany (strictly speaking, the Nazis weren't fascists, they just had a lot of common ground). In reality, "fascism" as a political ideology has more to do with nationalism and elevation of the state over the individual than anything to do with granting corporations political power.

      --
      God invented whiskey so the Irish would not rule the world.
    13. Re:Welcome to Fascism by hey! · · Score: 4, Insightful

      You are close to the mark, but this is potentially worse than fascism as we have known it. It opens the possibility of an entirely new form of tyranny that the human race has not yet experienced.

      If you study the history of fascism, the various ideas that "fascists" have become confusing, until you realize that fascism isn't an ideology. Fascism isn't about ideas, but achieving a specific effect: maximizing the power of an individual or group of people who have control of the government. Where it serves that purpose, fascism will embrace extremes of spiritualism or materialism, or even mix the two. Consistency doesn't matter. Authority does.

      What is different about this is that we aren't talking about putting the power of the State in the hands of an individual or group of individuals. We are talking about putting it at the disposal of artificial entities; immortal profit making machines with a capacity for accumulating wealth beyond that of any individual. This is like *Colossus: The Forbin Project*, only with machines we've already built and operated.

      It's not that making a profit is evil. It's that the very definition of evil (see Saint Augustine, or even Kant) is making one sided decisions. Human concerns like ethics are not part of the design of the institution of the corporation. Ethics are forced on corporations by two things: the individuals working for the corporations, and by law.

      But the ethics of the individual are always under pressure in a corporation. We've all seen that. There's always the question of whether we can push the limit just a bit, and if we try it and get away with it, we suddenly have a new conception of what "normal behavior" is. We know that "everybody does it" doesn't excuse something, but we don't act that way. The law is what makes it possible for people to remain ethical. They can always say, "we will go to jail if we try that," or "we'll be fined," or even "we'll get bad publicity," which of course depends on individuals having rights that are respected under the law.

      Corporations have inappropriate influence now on government, but that doesn't make a dystopia. Life is still good for most of us. But we can't extrapolate that to giving them unchecked power to make laws for their own benefit. If we do that, the safety net provided by individual ethics won't matter. Once corporations are above the law, any corporation that fails to take the profit maximizing step regardless of the other consequences won't survive.

      Allow the power of corporations to grow without any check, and for the first time in human history human affairs will be governed with absolutely no regard to human welfare.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    14. Re:Welcome to Fascism by jagapen · · Score: 2, Interesting

      The U(F)SA is now a de facto fascist state.

      Because remember, kids, "fascist" means "something I personally don't approve of."

      No, that's what "socialist" means.

    15. Re:Welcome to Fascism by jbeaupre · · Score: 1

      It depends on who dominates who. If the authoritarian government dominates the corporations, that's fascism. If the corporations direct the authoritarian government, then it's more like plutocracy.

      --
      The world is made by those who show up for the job.
    16. Re:Welcome to Fascism by SETIGuy · · Score: 2, Informative

      IBM does not yet appoint the president, Microsoft does not have a veto on laws.

      And you said he sounded silly. Individual corporations typically don't have the power to veto legislation, but industry groups (formed colluding corporations) do. Rather than veto laws, the industry groups typically write the laws and get Congress to ratify them.

    17. Re:Welcome to Fascism by BlackCobra43 · · Score: 1

      Fascism's single greatest achievement is convincing the world it doesn't actually exist. Hell, that's basically the entire game plan once fascism is installed - deny the people the chance to ever publicly acknowledge their situation, quashing dissent and revolution before they can even begin.

      Who CARES if it's not a textbook Mussolini-style fascist state yet?

      --
      I never spellcheck and I freely admit it. Save your karma for more worthwhile "lol erorrs" replies
    18. Re:Welcome to Fascism by NeutronCowboy · · Score: 1

      The reason that fascism bears no resemblance to WW2 Italy or Germany is because these states weren't fascist. Germany was an odd melding of nationalism and socialism, as was Italy. Spain under Franco was far closer, and is commonly referred to as a fascist state.

      --
      Those who can, do. Those who can't, sue.
    19. Re:Welcome to Fascism by NeutronCowboy · · Score: 3, Interesting

      Allow the power of corporations to grow without any check, and for the first time in human history human affairs will be governed with absolutely no regard to human welfare.

      Well, I would disagree. It has happened before. It's just that there normally was a face to the government that ignored human welfare. Gengis Khan was brutal and certainly ignored human welfare. However - and this is a significant difference - what's new is that with corporatism, there is no face to a corporation that engages in cruelty. And as Penny Arcade demonstrated so succinctly, nothing makes people into bigger assholes than anonymity.

      In other words, corporatism means everyone can be the biggest, cruelest asshole on the block. Lovely.

      --
      Those who can, do. Those who can't, sue.
    20. Re:Welcome to Fascism by shutdown+-p+now · · Score: 1

      From Wikipedia

      Fascism, pronounced /fæzm/, is a political ideology that seeks to combine radical and authoritarian nationalism with a corporatist economic system ...

      You forgot to make one more step: look up the definition of a "corporatist economic system" on Wikipedia. Let me do it for you:

      Corporatism is a system of economic, political, or social organization where corporate groups such as agricultural, business, ethnic, labour, military, patronage, scientific, or religious groups are joined together into a single body in which the different groups are mandated to negotiate with each other to establish policies in the interest of the multiple groups within the body. The word "corporatism" is derived from the Latin word for body, corpus. This meaning is not connected with the contemporary inaccurate and pejorative use of corporatism to describe politics that is dominated by business corporations. Corporatism views society as being alike to an organic body in which each corporate group is viewed as a necessary organ for society to function properly. Corporatism is related to the sociological concept of functionalism. Countries that have corporatist systems typically utilize strong state intervention to direct corporatist policies and to prevent conflict between the groups.

    21. Re:Welcome to Fascism by twostix · · Score: 1

      You say far right (I assume you sit on the left so it makes you feel morally superior) but political belief is a circle not a line.

      There's a point far enough to the right or left where they run into each other. And to burst your little bubble, the far left have just as many authoritarian and disgusting beliefs as the far right.

      Many on the "far left" support the pillars of Fascism, and I must say your little definition above is quite infantile and incomplete.

      The best most poignant description of Fascism comes from the man himself http://en.wikipedia.org/wiki/Benito_Mussolini: "Everything inside the State, nothing outside the State.".

      And the Nazi national motto was "Community before the individual".

      Sounds a lot like the beliefs of the far left to me, from healthcare to education, population control, eugenics and regulation on every tiny aspect of human life, there's *nothing* the far left doesn't think the state should be involved in. And the health and continuance of the state are far more important than the individuals in it. (Read some of the "solutions" to Global Warming that come from the far left to see Fascists truly unmasked).

      Go far enough in either direction and both "sides" beliefs and talking points start to look awfully similar to one another.

      Also the right has had no power in your country for over a year now (three years since they had any real clout). And if you believe there's no thuggery coming from the far left who currently have absolute power over the United States then you're living in an absolute delusion.

    22. Re:Welcome to Fascism by shutdown+-p+now · · Score: 1

      Because remember, kids, "fascist" means "something I personally don't approve of."

      That's world-wide definition. The American English one is a bit more nuanced: "something I personally don't approve of, which cannot, even with a big stretch, be called 'socialist' or 'communist'".

    23. Re:Welcome to Fascism by inthealpine · · Score: 2, Interesting

      From wikipedia

      Fascism, pronounced /fæzm/, is a political ideology that seeks to combine radical and authoritarian nationalism with a corporatist economic system, and which is usually considered to be on the far right of the traditional left-right political spectrum.

      To speak: This ruling allows corporations unlimited spending, which tends toward corparatism. The fact that the Executive Branch's power has grown after 9/11, and has not retracted under Obama, along with the "you are with us or against us" patriotic thuggery from the far right, has the US tending toward (though not there yet, thankfully) authoritarian nationalism. Finally, the conservative judges made this possible, along with the far right being the harbinger of the nationalism, and we are well on our way.

      Wikipedia is one of the worse sources for any historical information you can get. There is no left/right argument with fascism (within the contex of US politics). In practice, collectivism has more in common with fascism by design structure. Merriam-Webster definition: fascism 1 often capitalized : a political philosophy, movement, or regime (as that of the Fascisti) that exalts nation and often race above the individual and that stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition.

      --
      "In God We Trust, All Others Pay Cash"
    24. Re:Welcome to Fascism by bigngamer92 · · Score: 1

      The Assyrian's and Nazi's cared about human welfare? Corporations would grant some human welfare, its just equivalent to that of those working in sweatshops in China.

    25. Re:Welcome to Fascism by Jeremy+Erwin · · Score: 1

      Is that authoritarianism distinct from totalitarianism, or is it the kind of of authoritarianism that overlaps with totalitarianism?

    26. Re:Welcome to Fascism by Jeremy+Erwin · · Score: 1

      It depends. Is Fascism politically distinct from Naziism?

    27. Re:Welcome to Fascism by Anonymous Coward · · Score: 0

      The fact that the Executive Branch's power has grown after 9/11, and has not retracted under Obama, along with the "you are with us or against us" patriotic thuggery from the far right, has the US tending toward (though not there yet, thankfully) authoritarian nationalism.

      Socialists to the left of me, authoritarian nationalists to the right.
      Here I am - stuck in the middle with you.

    28. Re:Welcome to Fascism by jpmorgan · · Score: 1

      I bet you think liberalism means government regulation economy and gay rights too. Words do not mean what you think they mean.

      Corporatism does not mean rule by large companies. The corporations refereed to in 'corporatism' are more along the lines of trade guilds.

      In many respects, what you are claiming is fascism is almost exactly the opposite. Fascism is not the rule of government by private business interests. Fascism is the rule of private business interests by government. Unless you think Hitler, Mussolini and their cronies were all big industrialists before getting the world domination bug.

    29. Re:Welcome to Fascism by robojamie · · Score: 1

      Corporatism as a system has nothing to do with corporations in the modern sense. Please look at the book Corporatism and Comparative Politics by Howard J. Wiarda. It is on Google Books. Unlike Marxism, it's goal is for the working class and the bourgeoisie to be not in conflict, but a part of the same body (corpus). This would mean things like employer-employee solidarity and an economy that is controlled by the state together with employers and workers working together (ideally). Corporatism was posited as a third way between capitalism and Marxist systems. Our current situation is not a third way. It's just an evolution of capitalism.

    30. Re:Welcome to Fascism by arminw · · Score: 1

      ...immortal profit making machines ...
      Which are run by mortal human beings which don't all agree on any one issue. Historically, certain kinds of corporations have supported the Democrats and other kinds of corporations have supported the Republicans. Corporations can be neither good or evil, only those that control them can. I have never heard of a corporation that isn't run by people. Your Colossus analogy is faulty.

      (....They can always say, "we will go to jail if we try that," or "we'll be fined," or even "we'll get bad publicity,"....)

      Corporations ultimately don't say anything, but the people that run them say things using the corporations money. Is there really a difference between a one man private business running a full-page ad for a given candidate that he likes for whatever reasons, or a corporation doing the same thing? Is there a difference between an individual businessman expressing his sentiments or those running a corporation?

      It's not the business structure, but the people that control such a business structure, that can be either moral or immoral. The business structure itself, whether a sole proprietorship, a partnership, or corporation has no bearing on morality or criminality.

      --
      All theory is gray
    31. Re:Welcome to Fascism by JBaustian · · Score: 1


      First, learn what fascism is. Second, learn the history of the progressive movement in America. Third, report back with your findings.

    32. Re:Welcome to Fascism by corbettw · · Score: 1

      Are you kidding? Mussolini and his buddies defined fascism. Their party was the Fascist Party. They got the name from the fasces, bundled axes and sticks used in ancient Rome as a symbol of state power. To say that fascist Italy wasn't fascist is asinine.

      --
      God invented whiskey so the Irish would not rule the world.
    33. Re:Welcome to Fascism by hey! · · Score: 1

      Sure they did. Not *as* humanity of course, but certain segments of humanity.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    34. Re:Welcome to Fascism by dcroxton · · Score: 1

      >You are close to the mark, but this is potentially worse than fascism as we have known it. It opens the possibility of an entirely new form of tyranny that the human race has not yet experienced.

      I love Slashdot for statements like this. Because McCain-Feingold has been overturned, the U.S. is about to become worse that Stalinist Russia, Cambodia under Pol Pot, Uganda under Idi Amin...It is refreshing to see the imaginative leaps the human imagination can undertake.

      --
      Sincerely, Derek

      A curious little blog
    35. Re:Welcome to Fascism by jwhitener · · Score: 1

      I'm curious why my original post was modded troll yet this is modded +5 when we said the same thing. Mine was minus an explanation, but it is still true.

      Corporations now vote with their dollars directly, and massive ad campaigns, swift boating or otherwise, will have tremendous influence in elections, especially given that the vast majority of voters are low information voters.

      Sure, it might not be a 100% match with Fascism of the past, but it is a new form of Fascism replacing heroism/glory with the glory of money making. Money is king.

    36. Re:Welcome to Fascism by Anonymous Coward · · Score: 0

      Wiki is not always correct. The polictical spectrum is actually a circle, with Fascism and Socialism being right next to each other.

    37. Re:Welcome to Fascism by wallsg · · Score: 1

      What is different about this is that we aren't talking about putting the power of the State in the hands of an individual or group of individuals. We are talking about putting it at the disposal of artificial entities; immortal profit making machines with a capacity for accumulating wealth beyond that of any individual.

      I'm looking forward to the Rollerball championships...

    38. Re:Welcome to Fascism by seekertom · · Score: 1

      "The law is what makes it possible for people to remain ethical. " I think what you said is pretty much truth, but I'll add that what you theorize as a possible future result of possible negative actions, has in fact, already happened to us. Corporations are well ''round the bend', lacking ethics simply because they have the resources to believe that the cost of breaking the law is just another cost of doing business. You and I remain ethical because we fear jail, but a corporation can't be jailed, only fined. We remain ethical because we fear a large fine, but corporations never pay a fine, they just extract a bit more from us. Therefore, they are above the law, and it is the law that protects human welfare. As for "life is still good for most of us", I wonder at your definition of good.... (remember the frog in a pot at room temp+3degrees. He's happy now, but the flames just went up a notch!) thanks fer lis'nin' seekertom

    39. Re:Welcome to Fascism by Anonymous Coward · · Score: 0

      But the ethics of the individual are always under pressure in a corporation. We've all seen that. There's always the question of whether we can push the limit just a bit, and if we try it and get away with it, we suddenly have a new conception of what "normal behavior" is. We know that "everybody does it" doesn't excuse something, but we don't act that way.

      Once corporations are above the law, any corporation that fails to take the profit maximizing step regardless of the other consequences won't survive.

      Really, that is another mess altogether.

  9. I for one, welcome our Chinese Overlords by TubeSteak · · Score: 5, Insightful

    [Chief Justice] Roberts said he was not prepared to "embrace a theory of the 1st Amendment that would allow censorship not only of television and radio broadcasts, but of pamphlets, posters, the Internet and virtually any other medium that corporations and unions might find useful in expressing their views on matters of public concern."

    But [Justice] Stevens and the dissenters said the majority was ignoring the long-understood rule that the government could limit election money from corporations, unions and others, such as foreign governments. "Under today's decision, multinational corporations controlled by foreign governments" would have the same rights as Americans to spend money to tilt U.S. elections. "Corporations are not human beings. They can't vote and can't run for office," Stevens said, and should be subject to restrictions under the election laws.

    Maybe China now has something useful to do with the trillion+ dollars they have burning a hole in their pocket.

    --
    [Fuck Beta]
    o0t!
    1. Re:I for one, welcome our Chinese Overlords by CannonballHead · · Score: 1

      Too bad they don't fix their country for their people with it.

    2. Re:I for one, welcome our Chinese Overlords by DigiShaman · · Score: 1

      Quote from from the fec.gov. http://www.fec.gov/pages/brochures/foreign.shtml#PAC_Contributions

      PAC Contributions for Federal Activity

      A domestic subsidiary of a foreign corporation may not establish a federal political action committee (PAC) to make federal contributions if:

            1. The foreign parent corporation finances the PAC's establishment, administration, or solicitation costs; or
            2. Individual foreign nationals:
                          * Participate in the operation of the PAC;
                          * Serve as officers of the PAC;
                          * Participated in the selection of persons who operate the PAC; or
                          * Make decisions regarding PAC contributions or expenditure. 11 CFR 110.20(i).
                              (See also AOs 2000-17, 1995-15, 1990-8, 1989-29, and 1989-20.)

      and

      Soliciting, Accepting, or Receiving Contributions and Donations from Foreign Nationals

      As noted earlier, the Act prohibits knowingly soliciting, accepting or receiving contributions or donations from foreign nationals. In this context, "knowingly" means that a person:

              * Has actual knowledge that the funds solicited, accepted, or received are from a foreign national;
              * Is aware of facts that would lead a reasonable person to believe that the funds solicited, accepted, or received are likely to be from a foreign national;
              * Is aware of facts that would lead a reasonable person to inquire whether the source of the funds solicited, accepted or received is a foreign national.
                  11 CFR 110.20(a)(4)(i), (ii) and (iii).

      Pertinent facts that may lead to inquiry by the recipient include, but are not limited to the following: A donor or contributor uses a foreign passport, provides a foreign address,

      makes a contribution from a foreign bank, or resides abroad. Obtaining a copy of a current and valid U.S. passport would satisfy the duty to inquire whether the funds solicited, accepted, or received are from a foreign national. 11 CFR 110.20(a)(7).

      --
      Life is not for the lazy.
    3. Re:I for one, welcome our Chinese Overlords by EzInKy · · Score: 2, Interesting


      Too bad they don't fix their country for their people with it.

      They've been saving it to "fix" ours B-)

      --
      Time is what keeps everything from happening all at once.
    4. Re:I for one, welcome our Chinese Overlords by TubeSteak · · Score: 1

      A domestic subsidiary of a foreign corporation may not establish a federal political action committee (PAC) to make federal contributions if:

      1. The foreign parent corporation finances the PAC's establishment, administration, or solicitation costs; or

      If the money comes out of a domestic subsidiary's general treasury, there's no practical way to differentiate between money from the parent corp and domestic funds. That's the problem with commingled funds.

      --
      [Fuck Beta]
      o0t!
    5. Re:I for one, welcome our Chinese Overlords by DigiShaman · · Score: 1

      While it doesn't specifically say; and because of the valid issue you raise, I wonder if all branch offices inside the US are bared from political funding if the parent corporation is based in another country.

      --
      Life is not for the lazy.
    6. Re:I for one, welcome our Chinese Overlords by SETIGuy · · Score: 2, Interesting

      A foreign corporation will no longer need to donate to a PAC in order to make political contributions. Following this ruling it can buy advertising directly.

      Therefore the rules applying to contributions to a PAC don't apply to the discussion at hand.

    7. Re:I for one, welcome our Chinese Overlords by Anonymous Coward · · Score: 0

      This comment needs to be reverberated throughout the United States, now. This will affect everyone, regardless of party affiliation.

      If you think that our current government is "less than adequate", wait until the Chinese or Saudis control the products that can be imported and exported from this country. They will be given the financial nod for this control when our congressmen will allow more loopholes for their interests. If not, punishing those that oppose them.

      This is more than simple US corporations and unions controlling the flow of money to campaigns, but world control of the United States.

      Please contest this passage of the Supreme Court ruling, because it is giving U.S. Constitutional power to "world" identities.

    8. Re:I for one, welcome our Chinese Overlords by Jeremy+Erwin · · Score: 1

      On the other hand, it could make a good court case, should Roberts et al decide to take it that far.

    9. Re:I for one, welcome our Chinese Overlords by cynyr · · Score: 1

      Fix what? I keep hearing about major infrastructure upgrades for the Chinese people on the east coast of china. A huge huge hydro-electric dam, a major investment in nuclear power plant development, a plan for 20+ high speed long range rail links. So apart from the "crappy"(they could be much much worse) working conditions, and the rural part of china (where i'm not sure the peoples there want them to change much, they are doing the same thing that people 1000's of years ago were doing) So i'm not really sure thats there's much to "fix" apart from some social issues.

      --
      All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
    10. Re:I for one, welcome our Chinese Overlords by CannonballHead · · Score: 1

      How about ... air quality? Weren't you around for the last Olympics?

      How about the quality of living for [insert Chinese equivalent of "Joe Smith"]? From what I understand, it's still pretty hard over there. And there are a lot of factories that don't care about the working conditions.

      How about freedoms? Religion? Censorship?

      Those are "just" social issues, I suppose. I for one value my freedoms quite highly, though. China does not have a lot of those freedoms. Unless, of course, you just go based on what the government tells you...

    11. Re:I for one, welcome our Chinese Overlords by Reziac · · Score: 1

      It sounds like the decision has conflated "You can give me money so I can print stuff" with "You can use your money to print stuff". Note that neither addresses the content.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  10. A great victory for free speech! by AlexLibman · · Score: 1, Insightful

    Corporations are voluntary contracts between individuals, and those individuals have rights, period. If some of you Slashdot commies fail to comprehend that, that is your problem and yours alone.

    (More here.)

    1. Re:A great victory for free speech! by Anonymous Coward · · Score: 0

      Those individuals have free speech rights, not the contracts.

    2. Re:A great victory for free speech! by mweather · · Score: 1

      The individuals in the corporation weren't affected by these limits, only the corporation itself.

    3. Re:A great victory for free speech! by twmcneil · · Score: 2, Insightful

      Exactly! And those individuals do not require a corporation has a vehicle to exercise their constitutional rights. They can do that already as individuals. What's next? Giving corporations the right to vote?

      --
      "The ferrets, they're every where I tell you!"
    4. Re:A great victory for free speech! by jjohn24680 · · Score: 1

      Corporations are voluntary contracts between individuals, and those individuals have rights, period. If some of you Slashdot commies fail to comprehend that, that is your problem and yours alone.

      I agree, those individuals do have rights. So, let those individuals pay for the advertisements. If a collective of individuals wishes to pay for the advertisement, they can give an individual the money to pay for it. The bottom line for me is that the rights are a person's rights, a U.S. Citizen's rights, not a corporation's rights. Let the person spend the money and put their name on the advertisement. Does it become inconvenient for them to do this? Yes, but inconvenience is not an excuse. If some Chinese corporation wants to pay a U.S. Citizen to run a political advertisement here in the U.S., let them. As long as a U.S. Citizen puts their name on the bottom line, let them do it. They can bear the responsibility. Oh, yea, that's the whole issue. Nobody wants to be responsible for the advertisement by putting their name on it. But that's a whole different issue.

    5. Re:A great victory for free speech! by EzInKy · · Score: 4, Insightful


      Corporations are voluntary contracts between individuals, and those individuals have rights, period. If some of you Slashdot commies fail to comprehend that, that is your problem and yours alone.

      "Under today's decision, multinational corporations controlled by foreign governments" would have the same rights as Americans to spend money to tilt U.S. elections."

      -Justice Stevens, dissenting.

      --
      Time is what keeps everything from happening all at once.
    6. Re:A great victory for free speech! by AlexLibman · · Score: 1, Insightful

      I am (gradualist) Anarcho-Capitalist - I don't believe anyone should have the "right" to vote away other people's Natural Rights. You have been brainwashed to believe in quasi-religious rituals that you are told somehow distinguish "taxation" from "theft", and so forth. I do not share this delusion.

      That said, people do have a right to delegate their rights to others, as long as it is done on a voluntary basis - as is the case with corporations, but is not the case with the criminal enterprise that you'd call "government". Statist tyrants have a long history of empowering their collectivist institutions through government force, while denying rights to voluntary institutions that form in the free market: corporations, non-profit organizations, churches, homeowners associations, and so forth. "Divide and conquer" is what this is all about!

      To conclude with a quote from a very different kind of anarchist, Leo Tolstoy: "I want only to say that it is always the simplest ideas which lead to the greatest consequences. My idea, in its entirety, is that if vile people unite and constitute a force, then decent people are obliged to do likewise; just that."

    7. Re:A great victory for free speech! by Sancho · · Score: 1

      Nobody wants to be responsible for the advertisement by putting their name on it. But that's a whole different issue.

      Really? I'd think it quite the opposite. A large corporation has a stake in not alienating their customers. As such, taking stances on high-profile political issues seems like something that most of them would want to avoid.

      To me, it boils down to the fact that corporations get huge tax breaks. There's a pretty big conflict of interest there. Once the money gets transferred to an individual, there are a lot fewer ways to avoid paying taxes on it. In theory, these sorts of limitations should reduce corruption. And frankly, if there's any piece of our country that we should desire to see free of corruption, it's our elections.

    8. Re:A great victory for free speech! by shutdown+-p+now · · Score: 1

      if vile people unite and constitute a force, then decent people are obliged to do likewise; just that.

      Indeed. And once decent people unite to counter the vile people (who, for some mysterious reason, always seem to unite among each other), we could call this union of decent people a "state", and those charged with making minute decisions (since the entirety of the union cannot realistically decide on such things, simply because it would take too long to convene) a "government".

    9. Re:A great victory for free speech! by Chris+Burke · · Score: 2, Informative

      Ah, Anarcho-Capitalists.

      I wish there was some kind of Holodeck or Total Recal memory implantation device where you could experience your desire come to fruition without it affecting the real world. I wish I could watch, so I could see your face as your state-less free market utopia turns into an oppressive dictatorship faster than you can say "What do you mean when there are no rules, the powerful make the rules?"

      The schadenfreude would be delicious as the jack-booted thugs knock on your door and inform you of your tax obligation of 90% of your income and anything they fancy lying around the house. "But there are no taxes in my utopia, only voluntary exchanges of goods and services!" you'd cry, and they'd say "Well then think of it as a 'not breaking your legs and burning down your house as an example to others' service fee." What are you going to do? Call the police? Ah, but the police force is a private firm, and that private firm, according to the free market ideal, was selected by the bank and developer who own your land and your house because they met the market demand for a police force that does exactly what the corporations paying them say. It's that private police force who is at your door. You think you have the right to appeal to a 3rd party, that you have the right to leave this community for one that is not yet completely corrupted? Why? Because the ideal of anarcho-capitalism says so? But who enforces that ideal -- there's no law that says so, nor any authority tasked with upholding it. It was that very same ideal that allowed the corporations to buy the courts and police force who are abusing you! So it's just you and your fellow "decent people" against the jackbooted thugs. Your resources versus the corporations. Have fun!

      I love you Anarchists. I love you because of every crazy political organization ever devised, Anarchy is the only one that is guaranteed to become its exact opposite. Every other organization is capable of being corrupted, but there is some mechanism that slows the process. Anarchy has no such stability, because it explicitly eschews any mechanism for having it. You can't even call it corruption, because people with wealth being able to buy whatever they want, with no legal recourse to stop them, is the whole point!

      3

      --

      The enemies of Democracy are
    10. Re:A great victory for free speech! by Chris+Burke · · Score: 2, Insightful

      Ooh but governments are evil because they impose their will on individuals with force, which they have a monopoly on!

      So instead, we will get rid of government, and all interactions then will be completely voluntary, and no one will have a monopoly on force!

      Hmm, but wait, what if someone decides voluntary interactions aren't to their benefit? Then we will have to impose our will on them with force...

      But wait, all such force is private now, and they have more money than us...

      Hmm...

      LOL. You can't expect someone to understand your point who thinks they are an Anarcho-anything, like you get to choose the kind of society that will exist after you've created Anarchy. How would that work, when you have no enforcement mechanism? Anarcho-Capitalism, Anarcho-Socialism. LOL. There's just Anarchy, followed by whatever those strong enough to reign in the Anarchy decide upon.

      --

      The enemies of Democracy are
    11. Re:A great victory for free speech! by fishexe · · Score: 1

      Corporations are voluntary contracts between individuals, and those individuals have rights, period. If some of you Slashdot commies fail to comprehend that, that is your problem and yours alone.

      "Under today's decision, multinational corporations controlled by foreign governments" would have the same rights as Americans to spend money to tilt U.S. elections."

      -Justice Stevens, dissenting.

      “I hope we shall... crush in its birth the aristocracy of our moneyed corporations, which dare already to challenge our government to a trial of strength and to bid defiance to the laws of our country.” ~ Thomas Jefferson, also dissenting, November 12, 1816

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    12. Re:A great victory for free speech! by Anonymous Coward · · Score: 0

      I love you. People who espouse Anarchy really aren't thinking things through. I like to be more succinct, however:

      Anarchy: Whoever has the biggest gun wins.

      (Posting anonymously so that my moderation isn't revoked)

    13. Re:A great victory for free speech! by arminw · · Score: 1

      ...It was that very same ideal that allowed the corporations to buy the courts and police force....

      I think you and most others here are confusing the tyranny of the rich towards the poor with a convenient business structure, a corporation. Can a rich individual not do the same thing? Does it have to be a corporation? Long before corporations were invented, the rich have oppressed the poor. This court decision won't change that one way or the other.

      --
      All theory is gray
    14. Re:A great victory for free speech! by Chris+Burke · · Score: 1

      Well I was being sloppy with my terminology. I say "corporation" but I don't mean the specific legal tax-and-liability arrangement (which obviously wouldn't exist in Anarcho-lol-capitalism), I'm really referring to any large business. And yes we are ultimately talking about the rich and powerful oppressing the poor, not necessarily via a business, it's just that such businesses have even more wealth and power than the rich people who run them have themselves. Bill Gates was the richest man in the world, but his personal wealth was a pittance compared to the resources of the company he ran.

      So no, this decision doesn't change that the rich can oppress the poor. It just makes it easier by allowing the rich to marshal the resources of the companies they control for political purposes. And because companies are non-democratic structures, they are effectively using the product of the efforts of their employees against them.

      --

      The enemies of Democracy are
    15. Re:A great victory for free speech! by Anonymous Coward · · Score: 0


      Corporations are voluntary contracts between individuals, and those individuals have rights, period. If some of you Slashdot commies fail to comprehend that, that is your problem and yours alone.

      "Under today's decision, multinational corporations controlled by foreign governments" would have the same rights as Americans to spend money to tilt U.S. elections."

      -Justice Stevens, dissenting.

      Nope.

      It's illegal for individuals to knowingly provide assistance to foreign nationals in the making of contributions, donations, and expenditures in both non-federal and federal elections. I'd guess that the same rules now apply to American corporations.

    16. Re:A great victory for free speech! by AlexLibman · · Score: 0

      And what data would you feed into this hypothetical Holodeck simulation that would skew the results in your favor? Virtually all historical examples demonstrate the comparative triumph of Free Market Capitalism over all alternatives every single time! From the anthropogenic analysis of early cavemen tribes to the present-day correlation between economic freedom and prosperity, you will find that hard econometric facts will fall in my favor, precisely because they are the very basis of my philosophy. If economic facts had pointed to communism or fascism as a better solution, then I'd be a communist or a fascist instead.

      A society becomes an oppressive dictatorship (like every society is today to some degree) when there exists a power gap that the tyrants are able to fill. Modern Free Market libertarianism is the only political philosophy (or rather a group of similar but distinct political philosophies) that closes that gap tightly by empowering those who should have rightful power over their lives in the first place - the individuals themselves. Sure, "everybody wants to rule the world", as the song goes, but everyone will encounter billions of well-informed well-armed individuals who don't want to be ruled by others. The various "Bill Gates will take over the world" nonsense scenarios have been debunked ad nausium. Only a centralized government can ever accumulate (i.e. steal) enough capital to build and maintain a legal liability like a nuclear warhead or an aircraft carrier and get away with it! Only the "divine right of governments" delusion makes tyranny possible in the modern age!

      Free Market Capitalism doesn't mean "no rules", it is based on very strict and universal rules, but they are grounded on well-established scientific facts, not arbitrary whim of corrupt political demagogues. Natural Rights (life, liberty, property, parents' rights, freedom of contract, etc) are things that haven't been made up by men, but they were discovered as being essential components to a stable human society, and in many cases this discovery has been recognized for thousands of years. Natural Rights come from the principle of competitive advantage: a society that violates Natural Rights the least would have an empirically-observable materialistic advantage over other societies that violate them more. It's almost as clear-cut as penicillin, except of course you can't observe human societies through a microscope, and the lenses of history are blurred by pro-government bias that funds and controls most knowledge-related institutions. Violating Natural Rights is no different than trying to violate the laws of physics - it simply won't work in the long term.

      Most specific rules beyond that would come from the legitimate authority of private property owners: your house, your rules. A neighborhood-owned road or a for-profit toll road will likely still have stop signs and speed limits, but it will not be a monopoly - you will have a choice whose roads you drive on and pay for (and in absence of the government-induced artificial energy famine we've had for the last century most people would have flying cars anyway). And whether you are allowed to to "yell fire in a crowded theater" should be entirely up to the owner of that theater - don't like the rules, don't go to the establishment, go somewhere else instead. Modern information technology makes it ever-easier to automatically inform people whose property they are approaching and what their rules happen to be.

      Granted the Minarchist / Anarcho-Capitalist debate remains a relevant issue, as it probably will for a very long time, but that disagreement is over whether the government needs to be shrunk by 99% or 100% in the long term. Ayn Rand, a Minarchist, believed that the ideal government should be so small that at peacetime it could be funded entirely

    17. Re:A great victory for free speech! by AlexLibman · · Score: 0

      Natural Rights is an empirically-provable concept based on economic behavior of self-interested actors with capacity for individual thought - regardless of their race, gender, religion, nationality, or even species! The issue of foreign government-controlled corporations is, once again, a problem of government, which I oppose in all its forms, not an issue of people who unite into voluntary corporations and their Natural Right to Free Speech!

      Thomas Jefferson meant precisely this in his quote about "corporations" - European government-enforced monopolies like the East India Company. And Thomas Jefferson is not the latest word on the science of Natural Rights - I'd recommend Murray Rothbard, Ayn Rand, and the so-called Austrian School of Free Market economics. Corporations would still exist in a 100% free society, but without "limited liability", "corporate welfare", and other benefits governments bribe them with today. Without those ill-gotten benefits, there is virtually no difference between the commonly-vilified concept of a "greedy corporations" and any other social institution - a small shop, a charity, a church, a residential neighborhood, a Web-site, and so on. And every family is a corporation too!

    18. Re:A great victory for free speech! by AlexLibman · · Score: 0
    19. Re:A great victory for free speech! by Chris+Burke · · Score: 1

      And what data would you feed into this hypothetical Holodeck simulation that would skew the results in your favor?

      Why, human nature you silly goose!

      That hilarious flash animation you linked to put it plainly: All that has to happen to end war forever is for everyone on earth to not tolerate the initiation of force in their name. Well no shit, sherlock. If that was the case, any system would be utopia. But guess what? Humans do tolerate violence done in their name, and not just because they haven't heard you tell them why it's wrong! And let's not even get into the enormous number of cases where the two sides disagree who initiated violence, and who is merely defending themselves from aggression -- which you support, so go ahead, pick a side for every conflict in history and explain why one side had the right to use force and the other didn't!

      The problem with your utopia is that it exists solely by virtue of axiomatic declaration. As your 'debunking bill gates takeover' link clearly shows. Anarcho-capitalism is "by definition" without government, which are the only things "immune" to the non-aggression "axiom". Except governments aren't immune. They only say they have the right to initiate violence. This no more prevents you from rejecting that validity and resisting them than if a corporation did the same thing. You view States as special, because you define them differently. You say that kind of oppression can't happen in Anarcho-Capitalism, because you, the individual, are empowered. By what? The concept of Anarcho-Capitalism? Ha! That and a Magnum .45 are worth what?

      In that same post, you admit that wealthy individuals could own entire solar systems. And if the owner of your solar system decides to oppress and exploit you, what exactly would you do? They own the police, they own the courts. Oh yeah you're "free" to use whatever police force you want, in theory. But the Solar Executive just sent a bunch of his personal police force to your door with a new contract, that says you can agree to use his police and judiciary contractors exclusively, or you can be evicted from the planet without a spacecraft. It's your choice, completely voluntary! What do you do? Do you hail another solar system? Well the owner of that system, while on the one hand a competitor with the owner of yours, certainly doesn't like the idea of uppity peasants choosing their own police forces! On that both can agree!

      See that's why it's so funny, you 'debunking' a "bill gates takes over the world" scenario. Because what would actually happen is that Bill Gates would collude with Halliburton and Sony and Wells Fargo and Phillip Morris/General Mills etc. etc. and they'd all agree on a set of rules such that no matter where you went, you'd have no power. Just like the other day, we saw how all of the DRAM manufacturers, ostensibly competitors, colluded to lock others out of the market and enhance their collective profits. Free Market? Ha! Free Markets are great, but they aren't magic. No bank will give you terms that don't involve you losing your home if you don't play by their rules, and it's not the government that forces them to do so. Where's the magic "do whatever you want, you're free" mortgage company that the Free Market should provide? They all agree on a set of basic rules that will guarantee debtors are kept on their hooks, and then compete on minor variations like closing fees and such.

      That's why it's so funny hearing about how you could have police/judiciary companies "compete". Okay, so if you like Police Force/Judiciary A, and your bank likes Police Force/Judiciary B, which one do you use when there's a conflict? You know for a fact B will rule in the bank's favor. And A is funded by the money you don't give to the bank. Ha ha, good luck! Of course more likely is that Police Force A, being a Free Market Capitalist organization, realizes that your bank has more money, and so they w

      --

      The enemies of Democracy are
    20. Re:A great victory for free speech! by Chris+Burke · · Score: 1
      --

      The enemies of Democracy are
  11. Fair enough... by Seakip18 · · Score: 3, Insightful

    Since corporations are able to possess the 1st amendment as a whole body, are they not entitled the remaining amendments?

    Ok, that IS crazy. But what isn't is that, come election time, I wouldn't be surprised if pink slips get issued in order to free up some money to run messages for/against our tastycrats and fingerlick'ans.

    "It's going to be the Wild Wild West," said Ben Ginsberg, a Republican attorney who has represented several GOP presidential campaigns. "If corporations and unions can give unlimited amounts ... it means that the public debate is significantly changed with a lot more voices and it means that the loudest voices are going to be corporations and unions."

    I have to agree.

    Corporations and unions have been given the right to buy who ever they want without any back alley deals...as long as the money doesn't go directly to or is coordinated by candidate.

    --
    import system.cool.Sig;
    1. Re:Fair enough... by gznork26 · · Score: 1

      Sure. If corporations want to be treated the same as flesh and blood citizens, I say let them have it with both barrels. If they break the law, they get treated the same as anyone else. Jail time and the death penalty can be implemented just as easily for corporations as they can for 'natural' people.

      I wrote a series of short stories about a company incarcerated for theft. Set your browser to klurgsheld.wordpress.com. There's a link to Business Short Stories in the tab for About My Short Stories.

      Now, if we could only convince a corporation to run for office, maybe we could get this farce out into the open. But then again, they'd probably just render someone and come up with an excuse why s/he's never seen in public. Kind of like Adam Selene in the never-made movie version of Heinlein's "The Moon is a Harsh Mistress".

    2. Re:Fair enough... by z4ce · · Score: 1

      You don't think they don't already give unlimited sums of money through PACs and lobbyists? The only change is now it will be more above board and we'll know who is supporting what.

    3. Re:Fair enough... by Seakip18 · · Score: 1

      To a degree, they couldn't.

      Every PAC contribution had to be "freely" given, and, even then, the PAC had to account for each dollar it received. On top of that, each individual could only give $5,000.

      Back during the primary, and big hulabaloo happened when a PAC setup to support Hillary was receiving money from folks who had never given a cent.

      It turned out that a wealthy individual(Norman Hsu) was picking names out of the phone book and donating in their name.

      --
      import system.cool.Sig;
    4. Re:Fair enough... by KraftDinner · · Score: 1

      tastycrats and fingerlick'ans.

      I'm trying to figure out if you meant to reference Futurama or if that was a mistake.

    5. Re:Fair enough... by thePowerOfGrayskull · · Score: 1

      Corporations and unions have been given the right to buy who ever they want without any back alley deals...as long as the money doesn't go directly to or is coordinated by candidate.

      They've already been doing that. Now they have the right to advertise about it.

    6. Re:Fair enough... by z4ce · · Score: 1

      So what happens when you make it a crime to give political donations? Only criminals make political donations :P Its so true its sad.

  12. Welcome! by Profane+MuthaFucka · · Score: 4, Insightful

    I, for one, welcome our new psychopathic, immortal, politically empowered, corporate-person overlords!

    --
    Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    1. Re:Welcome! by blackbeak · · Score: 1

      I, for one welcome limiting the rights of corporate personhood, as is done with the rights of children or the mentally incapacitated. If we must accept the legal fiction, whether introduced without argument by accident or cunning, why not at least legally address the fact that corporate personages are dangerously sociopathic?

      --
      Everything and its opposite is true. Get used to it.
    2. Re:Welcome! by Profane+MuthaFucka · · Score: 1

      I agree. You can kill people, therefore, you can kill a corporation.

      As far as I know, Union Carbide wasn't committing murder. It was actually the Indian subsidiary that did it, but the law in many places is that accomplices are guilty too.

      Dow bought them. It's time to revoke the charter of Dow Chemical. Auction their buildings and their equipment and put the proceeds into the public treasury.

      Let's set a motherfucking example of what we can do to corporate people when they break the law.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  13. In Soviet America: by Anonymous Coward · · Score: 0

    Corporate spending LIMIT You !

    Yours In Perm,
    K. Trout

  14. Before the blame game begins... by whatajoke · · Score: 3, Insightful

    And the truth is, there is something terribly wrong with this country, isn't there? Cruelty and injustice, intolerance and oppression. And where once you had the freedom to object, to think and speak as you saw fit, you now have censors and systems of surveillance coercing your conformity and soliciting your submission. How did this happen? Who's to blame? Well certainly there are those more responsible than others, and they will be held accountable, but again truth be told, if you're looking for the guilty, you need only look into a mirror. I know why you did it. I know you were afraid. Who wouldn't be? War, terror, disease. There were a myriad of problems which conspired to corrupt your reason and rob you of your common sense. Fear got the best of you, and in your panic you turned to the now high chancellor, Adam Sutler. He promised you order, he promised you peace, and all he demanded in return was your silent, obedient consent.
    - V

    1. Re:Before the blame game begins... by phantomfive · · Score: 1

      Eh, there's more right with this country than wrong. I mean, can you really look at your life and say, "this is horrible?" If so, it's probably more because of personal emotional problems than with anything real. On my way here I saw three homeless guys sitting on the street on this rainy day. If anyone should be miserable it's them. But no, they were talking, laughing, I even stopped and talked to them for a bit. They have these funny yellow raincoats they got from the shelter, and they get enough food and beer from who knows where.

      Yeah, we have a recession, but it will end. Yeah, we have weird tax shelter laws called a corporation, because that's all a corporation really is. Real people are still behind it controlling it, and no matter how unscrupulous they are, they would be just as unscrupulous if their money weren't sheltered in a corporation.

      Both parties have a very real interest in making people think things are *really* *bad*, but in the last 8 months the biggest issue of debate has been how exactly to help that small portion of the country that doesn't have insurance. Look around, things aren't nearly to the revolutionary level yet.

      Furthermore, a quote talking about oppression seems kind of silly when the ruling is one that actually EXPANDED freedom of speech. Maybe you don't like corporations, and giving personhood to a corporation is indeed a weird legal hack, but try to keep things in perspective.

      --
      Qxe4
    2. Re:Before the blame game begins... by tpg0007 · · Score: 1

      His quote is from V for Vendetta, a greatly relevant movie to our time.

    3. Re:Before the blame game begins... by phantomfive · · Score: 1

      It's not at all relevant to our day, at least in the US. The paranoia in the US of people taking over our freedom is so rampant that we worry even when there is nothing to worry about. Really, we worry that people stage terrorist attacks, flying planes into buildings in order to take away our liberty. We worry that a non-citizen has become president in order to take over healthcare and take away our freedom. If any real threat to liberty materializes, the country on both the left and the right will rise up to fight it.

      --
      Qxe4
  15. what could possibly go wrong? by Anonymous Coward · · Score: 0

    it's downright dangerous NOT to allow individuals the right to buy elections, whether they are actually a person, or just a multinational entity controlling billions of dollars in currency, entire countries, standing armies, and with the singular mission to exploit every possible resource for profit, and answerable only to an isolated board of uber-rich trustees whose only motive is profit. I s

  16. America's downfall was person == corp by WindBourne · · Score: 5, Insightful

    A corp has no real responsibility, no sense of morals, and rarely ever is punished for many of its crimes. ANd yet, we equate it to man. That single warped logic is killing us.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:America's downfall was person == corp by Anonymous Coward · · Score: 0

      No, the downfall is that somehow just spending more money means you win the vote. At least. that what all this mincing seems to indicate.

    2. Re:America's downfall was person == corp by MindlessAutomata · · Score: 1

      Interestingly, the exact same is true of "politicians" and "government," as well, but I don't see you complaining about that.

      And, strangely, if you are indeed right about corps rarely being punished for their crimes, then maybe that's a fault of the government moreso than even the corporation?

    3. Re:America's downfall was person == corp by city · · Score: 1

      They know neither death, nor taxes.

      --
      I am a v1ral sig. Plse c0py me and h3lp me spread. Thank y0u?
    4. Re:America's downfall was person == corp by rsborg · · Score: 1

      A corp has no real responsibility, no sense of morals, and rarely ever is punished for many of its crimes.

      Not to mention, they can effectively live forever (like undead), and continually crowd out real people for money, resources and now rights.

      Welcome to the Corporatocracy.

      --
      Make sure everyone's vote counts: Verified Voting
    5. Re:America's downfall was person == corp by Colonel+Korn · · Score: 1

      No, the downfall is that somehow just spending more money means you win the vote. At least. that what all this mincing seems to indicate.

      It's a combination of your and the GP's ideas. It's important to remember that most decisive effect of the lobbying/bribery money is control over which candidates we see in the first place. When a race is between two people with $10 million budgets, you have to expect that each has $10 million in obligations to repay. The candidate who didn't take all that money didn't make it past the primary.

      --
      "I zero-index my hamsters" - Willtor (147206)
    6. Re:America's downfall was person == corp by phantomfive · · Score: 1

      America's downfall was person == corp? Really? Do realize that since at least world war 2, people have been coming up with reasons for America's downfall? We've been comparing ourselves with Rome since at least the 70s. "Lack of responsibility" "people only think of themselves" "no science in schools" "gays" "women working" All these things have been blamed for the fall of America, and all of them have one thing in common: America hasn't fallen yet.

      Really. We're still here. Yeah, we're in a recession, but every recession before now ended, the depression ended, and that even though corporations existed through all of them. And this one will end too.

      Seriously, a corporation is just a tax structure. A legal hack. Ending the legal structure of the corporation isn't going to change the fact that a bunch of people have gotten together under the Coca Cola name and want to do business together. They are still going to want that.

      --
      Qxe4
    7. Re:America's downfall was person == corp by KlomDark · · Score: 1

      We haven't failed yet. You just keep telling yourself that... This time it's far worse than they are letting on. The system HAS failed, they just aren't going to tell you until you figure it out yourself. This opening of the doors to the corporations is just nails in the coffin. The long term of this will be the corps can distort reality even more than they do today. Ever heard the parable of how to boil a frog?

    8. Re:America's downfall was person == corp by WrongMonkey · · Score: 1

      We've been comparing ourselves with Rome since at least the 70s.

      The Roman Empire took a couple of centuries to fall from its peak, so the people making the comparison for a few decades still might be right.

    9. Re:America's downfall was person == corp by phantomfive · · Score: 1

      Wow, those are some impressive facts you bring to your argument. Actually, you didn't bring any. You stated your opinion that things are far worse, and that the system has failed. Really? Worse than the depression? As I sit in this nice building with a controlled climate, I have trouble believing that. Why do you think that to be true? What are the facts you have to back up your opinion?

      You do reference those mysterious 'they' people, as if there is some mysterious group of people controlling all the information, and they are hiding it. I mean, you can do the research for yourself. Go investigate some companies, see what their financial situation is like. Check the balance sheets of the federal reserve, they are open after all. None of the information you need is secret, so if you disagree with what 'they' tell you, then you should be able to come up with the facts to explain how bad you actually think it is. Worse than the 70s, when the US essentially went bankrupt? Really?

      Also, I hope your line of logic isn't something like this, "Glenn Beck suggested I buy gold because it is getting really bad, therefore it is going to be really bad." Because with your assessment of the future, you are right in there with Mr Beck. He even cried for the future of his country. Would you like to join him, or would you prefer to take a look around and realize, it's not the end of the world?

      --
      Qxe4
    10. Re:America's downfall was person == corp by ahodgson · · Score: 5, Informative

      The debt overhang is a lot worse than it was during the depression. Unemployment is getting pretty close - it was 25% during the depression and U6 is probably over 20% now. On the other hand, during the depression the US still had a lot of it's own oil, manufactured its own stuff, and exported real things. So, honestly, it's a lot worse this time than the depression. It's just being propped up by trillions of dollars of government borrowing. It falls apart when people stop lending you that money. I don't know if it'll happen this time, but it won't be that far in the future.

      House prices still have a ways to fall. The Federal Reserve basically bought every mortgage issued in 2009. When they stop, interest rates go up.

      Keep in mind in your depression comparison that it's only about 1930 now .. give it a few more years.

      # "The spring of 1930 marks the end of a period of grave concern...American business is steadily coming back to a normal level of prosperity."
      - Julius Barnes, head of Hoover's National Business Survey Conference, Mar 16, 1930

      "... the outlook continues favorable..."
      - HES Mar 29, 1930

      # "... the outlook is favorable..."
      - HES Apr 19, 1930

      # "While the crash only took place six months ago, I am convinced we have now passed through the worst -- and with continued unity of effort we shall rapidly recover. There has been no significant bank or industrial failure. That danger, too, is safely behind us."
      - Herbert Hoover, President of the United States, May 1, 1930

      "...by May or June the spring recovery forecast in our letters of last December and November should clearly be apparent..."
      - HES May 17, 1930

      "Gentleman, you have come sixty days too late. The depression is over."
      - Herbert Hoover, responding to a delegation requesting a public works program to help speed the recovery, June 1930

      # "... irregular and conflicting movements of business should soon give way to a sustained recovery..."
      - HES June 28, 1930

      # "... the present depression has about spent its force..."
      - HES, Aug 30, 1930

      # "We are now near the end of the declining phase of the depression."
      - HES Nov 15, 1930

      # "Stabilization at [present] levels is clearly possible."
      - HES Oct 31, 1931

    11. Re:America's downfall was person == corp by NeutronCowboy · · Score: 2, Insightful

      Politicians die. Corporations don't have to. Politicians still have to count the votes of others. Corporations just count money. There's the difference that makes it flabbergasting that people still try to equate people and corporations.

      --
      Those who can, do. Those who can't, sue.
    12. Re:America's downfall was person == corp by Anonymous Coward · · Score: 0

      And the sick part is that they used the amendment intended to help out freed slaves to do it. Sick. Sick sick sick sick SICK. What can we possibly do to fight it? The soap box, ballot box, and jury box have all failed. What's left?

    13. Re:America's downfall was person == corp by AK+Marc · · Score: 1

      Seriously, a corporation is just a tax structure. A legal hack. Ending the legal structure of the corporation isn't going to change the fact that a bunch of people have gotten together under the Coca Cola name and want to do business together. They are still going to want that.

      It was invented as a liability shield to shield investors who had no ability to control any aspect of the day-to-day operation from liability greater than their investment in that entity. Instead, it shields actual people who do actual harm because we can't figure out which ones committed the illegal act that the corporation did. It gives tax advantages. It has legal "person" status and the ability to do person things, but none of the responsibility. No corporation was even sentenced to jail, even though corporations like Ford explicitly stated that they took actions with the known consequence of killing people. That sounds like premeditated murder for profit. But rather than looking at them like a hitman, we see them as beancounters that aren't bad because they made good financial decisions.

      10 people want to get together and make something? Great. 1000 people want to invest in that? Also great. The CEO wants to have the corporation push poison and kill people? Even if the CEO deliberately used the company to kill people, the law would never treat this legal person as a person and sentence the corporation to jail. Corporations are amoral and profit driven with little to no consequences for bad actions, and that leaves them often indistinguishable from evil.

    14. Re:America's downfall was person == corp by phantomfive · · Score: 1

      Corporations are run by people. If people break the law, they go to jail. If the CEO deliberately uses the company to kill people, he will go to jail. Corporations obviously can't go to jail, that is a red herring. But people running the corporation can go to jail. Do you think Ken Lay's trial was just for show? He probably would have preferred if his corporation got the sentence instead of him, but that wouldn't have been fair.

      I don't know what your example is with Ford, but I'm guessing if they weren't punished for it, then what they did wasn't illegal at the time. People get really irrational around the idea of corporations.

      --
      Qxe4
    15. Re:America's downfall was person == corp by Caraig · · Score: 1

      Well, large amounts of money can strongly affect the outcome of a campaign. It's not the voicing of a political opinion or platform that is at issue; it's the volume that platform is being voiced at. Or rather more to the point, (a) the bandwidth and (b) the spin of that platform.

      Most of the money spent in a campaign is not used merely to put out ads and send sandwich-board guys walking around, but to craft the message in specific and directed means; to conduct studies as to how that message should be framed; and to spin that message for specific audiences in specific regions. It is here that metric buttloads of money dumped into a particular campaign see the tides of a campaign shift. More money in a campaign's war chest allows it to buy resources to target their message to specific audiences. Remember, most campaigns are not 'preaching to the choir,' they are aiming to win over the 50-60% self-identified 'swing voters.' To do this, they spin their platform; if they have enough money, they can spin that message many different ways, for specific segments of the population, than if they could not afford to do that. You would be appealing to the values of, for example, Detroit auto workers in a different way than you would Chicago-school economists, and the local chapter of the Daughters of the Revolution. Money lets you buy the resources that lets you tailor the spin of your platform in different ways.

      So let's talk about bandwidth. This is a lot simpler. More money lets you get your message out through more channels. More money lets you be more creative and more diverse with the presentation of that message. Also, if you can send that message out through different channels, you can tailor the presentation of the message to the channel. You can have different ads going out to the various regional TV and radio afiliates, and web sites. Money lets you open more channels.

      The two -- bandwidth and spin -- are synergistic. An ad tailored to a specific group, sent out on a channel that is frequented by that group, will have much, much greater impact than a generic ad just launched out into the media. Money allows the maximal diversification of the message in terms of bandwidth and spin.

      This is where things become problematic, because corporations have a great deal of money at hand, typically much, much more than an individual might. An influx of this money into a campaign's coffers has an effect that, while it might be denigrated as simply 'paying for propaganda,' must not be underestimated.

      It's not so much that 'spending more money means you win the vote,' though that is the ultimate conclusion to a successful campaign. Of course, if any of this memetic warfare bothers you, then, yes, campaigns with massive war chests should bother you as well.

      --
      "I am an Adept of Tantric VAX."
    16. Re:America's downfall was person == corp by Caraig · · Score: 1

      Welcome to the Corporatocracy.

      Not only that. The Zombie Corporatocracy!

      Though the term 'Kleptocracy' does have it's appeal....

      --
      "I am an Adept of Tantric VAX."
    17. Re:America's downfall was person == corp by winwar · · Score: 1

      "If people break the law, they go to jail."

      No they don't. Only if they happen to be charged with a crime and are found guilty is there a chance they might go to jail. The more money you have to mount a defense (or the higher your socioeconomic status) the better off you are.

      "If the CEO deliberately uses the company to kill people, he will go to jail."

      Simply untrue. Companies routinely commit willful safety violations that result in worker deaths. No jail time. Companies routinely manufacture products they know will result in deaths. No jail time. It's very rare for people running a corporation to go to jail. The whole point of a corporation is liability avoidance. What works for economic liability also works for criminal liability. In simple terms, dumb criminals commit robbery. Smart ones work in banking.

      Large companies have immense resources. Only in cases of great public outcry or clear crimes will the police want to take them on.

    18. Re:America's downfall was person == corp by phantomfive · · Score: 1
      Come on now.

      Companies routinely commit willful safety violations that result in worker deaths. No jail time. Companies routinely manufacture products they know will result in deaths. No jail time.

      I mean really, we were talking about illegal stuff, not products that they know will result in death. Maybe you are they kind of person who blames cigarette companies for selling cigarettes (since they are known to cause death), but until there is a law, it is not illegal. As for the safety violations, OSHA takes them pretty seriously. If you know about any, you should report them and the government will do something about it. Having a corporation is not a license to break the law. It's a tax structure.

      Your final complaint isn't so much a complaint about corporations as much as it is against groups who have lots of power. Blaming the corporation is misguided because it doesn't matter if the group is a corporation or not, they will still have the similar power. Rich people also have that power. Furthermore I don't care if police won't go after corporations except in cases of clear crime, because I don't want the police to go after me or anyone else except in cases of clear crime. That's how the police are supposed to work.

      I think if you look at this you'll see that your real problem is with large powerful groups, and that getting rid of corporate legal structure really wouldn't make a whole lot of difference in the real world.

      --
      Qxe4
    19. Re:America's downfall was person == corp by phantomfive · · Score: 1

      So, the thing about the great depression is, it wasn't one thing that caused it. It was one trigger, followed by bad government response, followed by bad government policy, followed by more bad government decisions. We've solved a lot of the problems that made things bad in the depression: for example, there won't be any bank runs because of the FDIC, and we know how to deal with these problems a lot better. You can criticize Bernanke, and I do, but he did handle the situation a LOT better than things were handled during the depression.

      What happens now really depends on the choices the government makes. And how it handles the situation. We could destroy human civilization, or we could recover.

      You are right, the deficit is one extremely important thing that needs to be addressed, if we don't come up with a good plan to fix it, we are going to be in trouble. Another thing that needs to be addressed, for the somewhat longer term, is the problem of banks that are too big to fail. We can't let people make wild investments and have the government pay for them if they lose. As Paul Volcker puts it, any bank that is too big to fail is too big to exist. Obama has a plan that looks like it might be fairly decent.

      Another issue is how well the Fed acts to remove some of the cash from the market. If they do it wrong, they could ruin our monetary system, but it's a lot more likely that we will see no worse than 10% inflation for a few years.

      Right now it's not a depression, and if the government operates in even a semi-coherent way, we will avoid it being one. Recession, we have, and the recovery looks like it may be slow, but eventually we will get out of it.

      --
      Qxe4
    20. Re:America's downfall was person == corp by AK+Marc · · Score: 1

      I mean really, we were talking about illegal stuff, not products that they know will result in death.

      Wait, so making a product you know is unsafe and will result in deaths is OK because the laws on premeditated murder for profit aren't used against corporations?

      As for the safety violations, OSHA takes them pretty seriously. If you know about any, you should report them and the government will do something about it. Having a corporation is not a license to break the law. It's a tax structure.

      OSHA will fine the company, but not the person at the company. Corporations were never intended to shield illegal actors from their actions, but that's exactly what they do now. If the boss chooses to make unsafe choices, the government goes after the company, and not the person that made the choices. That is the issue.

      And corporations were never intended to be tax structures. They were intended to be a means for private investors to invest in companies without liability, but only if they have no influence in the daily operations. That is all. Companies like the East India Trading Company wanted capital to expand, but if someone in London bought $10 worth of shares before corporations existed, they could take his home if someone sued. So the liability is limited to the investment.

      None of the liability shielding was to work for employees. And the corporation wasn't supposed to be a license to operate immorally. The humans at the top were to be liable and responsible. However, with near-complete liability shielding for corporate employees (especially those at the top), the result is that corporations are super-people with almost all the rights, but none of the responsibilities, operating amorally for profit (a combination that usually results in actions indistinguishable from premeditated evil).

    21. Re:America's downfall was person == corp by phantomfive · · Score: 1

      Wait, so making a product you know is unsafe and will result in deaths is OK because the laws on premeditated murder for profit aren't used against corporations?

      Obviously it depends on the situation, but yeah. You have just described every single car on the road. You have described guns. You have described ladders (presumably people fall from them and die). You have described, more despicably, cigarettes. Selling a product you know is unsafe and will result in deaths is not the same as premeditated murder.

      OSHA will fine the company, but not the person at the company.

      And if the workers ignore the safety equipment and regulations, they will still fine the company, even though the workers are at fault. It's not fair,but it's how the law was made. They could have decided to write OSHA regulations to fine the person at the company, or put him in jail, or whatever else they wanted. That's what they chose to do, and it probably would have been the same whether corporations existed or not, although the exact mechanisms would be different.

      However, with near-complete liability shielding for corporate employees (especially those at the top)

      For someone who has been around for a while, your information collecting techniques seem to need some work. I think your statement is not accurate at all.....especially after Sarbanes-Oxely, which makes the CEO responsible for practically everything. Is there something you feel is not covered by Sarbanes-Oxely that should be covered?

      --
      Qxe4
    22. Re:America's downfall was person == corp by Anonymous Coward · · Score: 2, Insightful

      That's because the subsequent credit waves haven't hit yet.

      The one I'm really not looking forward to is when the principle comes due on the companies purchased in the last few years by private equity. They used to be called junk bond kings. The last time they went on a spending spree fully half of the companies they bought at the peak went bankrupt, triggering the S&L crisis. They went on a much, much bigger spree this time. If half those companies go bankrupt, and half of the employees at those bankrupt companies lose their jobs in restructuring, we start with losing as many jobs as the current recession, plus we get a credit crunch the same size as the current recession. Said credit crunch will hurt jobs even more. This is on top of our other problems, during a period where government has less room than it did in the last round for forceful action.

      This wave of bankruptcies starts in 2011, and will really gather steam in 2012. It isn't Obama's fault, but it will happen on Obama's watch, and therefore I'm betting on a Republican sweep in that election.

      You can rest easy with your confidence in the government. Me, I've been around and know enough people on Wall St to know that the people in charge have no real idea how they are going to handle this disaster.

    23. Re:America's downfall was person == corp by AK+Marc · · Score: 1

      You have just described every single car on the road.

      No, I didn't. You are confusing a safe product that will be used in a manner that carries risk, and an unsafe product. If you make a car and find that the gas tank fastener wasn't made to spec from your supplier, do you sell the car you know will kill people from a known failure mode that's easily repairable, or do you recall them all to fix the defective part? And a gun is unsafe if you pull the trigger and the whole thing blows up in your hand. Making a perfect gun with safeties and such that work properly isn't the same as making something you know to be unsafe in normal usage.

      And if the workers ignore the safety equipment and regulations, they will still fine the company, even though the workers are at fault. It's not fair,but it's how the law was made.

      Yes, so far you appear to be violently agreeing with me. Corporations were never created to shield individuals from the consequences of their actions. Yet, that's what they do. That is a problem that should be fixed.

      For someone who has been around for a while, your information collecting techniques seem to need some work. I think your statement is not accurate at all.....especially after Sarbanes-Oxely, which makes the CEO responsible for practically everything. Is there something you feel is not covered by Sarbanes-Oxely that should be covered?

      Huh? About the only thing I wasn't complaining about was financial reporting, and that's about all SOX covers. I don't care if the company lies to its investors. They have a contract with each other and entered into it willingly. That the rampant fraud that was illegal wasn't being prosecuted and auditing companies like Accenture were illegally covering up for illegal practices and no one cared because money was being made. Then, a mostly ineffective SOX came along to give investors confidence. Not anywhere near my points, which are all about corporate responsibility for actions against others, not lying on a government form, but killing people. But nope, it's always more important that we have "confidence" than prevent companies from killing people. After all, what's a few lives when we are talking about the Dow Jones?

      Oh, and as long as the auditors sign off on it and the procedures look good and reasonable steps were taken to see they were followed, the CEO is still off the hook. It just now takes more paperwork to make them as invincible as before.

    24. Re:America's downfall was person == corp by mvdwege · · Score: 1

      I think you're misreading Sarbanes-Oxley. It does not make the CEO responsible per se. It makes the CEO responsible unless he can point out that there were procedures in place to combat illegal behaviour, and that it was wilful disregard of those procedures that led to said behaviour. If he can make that stick (and SOx is written to give him the powers to do so), it is just another peon who gets the axe.

      If that description sounds like SOx is open to abuse and not more than symbolic legislation, you've got it exactly right.

      Mart

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    25. Re:America's downfall was person == corp by mvdwege · · Score: 1

      [...] as long as the auditors sign off on it and the procedures look good and reasonable steps were taken to see they were followed, the CEO is still off the hook. It just now takes more paperwork to make them as invincible as before.

      Paperwork, it must be admitted, the creation of which has no impact on the CEO at all. Basically, all SOx does is give the CEO the privilege of commanding his underlings to create the rope to hang themselves with themselves.

      Mart

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    26. Re:America's downfall was person == corp by KlomDark · · Score: 1

      Facts? Where we're going, you don't need FACTS...

      (Actually, look all around you, there's lot of them. I didn't think my comment needed them, it was a summarization.)

    27. Re:America's downfall was person == corp by Anonymous Coward · · Score: 0

      Unemployment is getting pretty close - it was 25% during the depression and U6 is probably over 20% now.

      FYI: ShadowStats puts U6 at 17% and their own alternate formula at 22%.

    28. Re:America's downfall was person == corp by hasdikarlsam · · Score: 1

      Hey, let's be serious. "Destroy human civilization"?

      Short of war, which I admit is a possibility, that isn't really an option. Oh, a collapsing america would hit the rest of the world hard; no doubt. But we'd recover.

      Would you? Well, your goodwill is at an all-time low; I wouldn't rely on much in the way of external support, if I were you.

    29. Re:America's downfall was person == corp by T.E.D. · · Score: 1
      Er...no.

      First off, U6 has been hovering at about 17.3 for the last 3 months of reports, and will doubtless be near there the next one as well. The estimated unemployment during the depression was nearly 10 percent higher than that, and in pockets was significantly worse. This level of unemployment practially shut down the money-based economy, as people had to revert to a barter economy to survive.

      Also, the Federal Government was far more active than we have been this time around in spending money to stem the tide. It is pretty easy to track the recovery performance against government expenditures during the 30's too. Even with all that, the situation was so bad that it took the herculean expenditures of WW2 to fix it.

      To give a non-numeric illustration of the difference, my Great-grandfather was a doctor in a mid-sized Oklahoma town back then. He used to regularly send "sick" kids brought to him down to the local restraunt with a "prescription" for food because their problem was that they were starving to death.

      There are certianly comparisons to be made, and in fact we are close to that level of collapse than we have been at any time since then. But we are not there yet. Most mainstream economists will tell you that we have our paltry stimulus package to thank for that, and thank it we should. Damn shame "certian parties" wouldn't allow it to be bigger, or we might have been out of this mess by now. China, ironicly unburdened by considerations of economic dogma, let loose with a gargantuan stimulus program. By all accounts they are now out of the recession. We could have been too.

    30. Re:America's downfall was person == corp by haapi · · Score: 1

      Corporations, in America, unlike natural persons:

      * live forever
      * can own slaves (not wage-slaves, but subsidiaries)
      * can marry for wealth over and over and over (mergers and acquisitions)
      * can kill with impunity (market warfare, monopolistic actions)
      * cannot be directly taxed, as such costs are passed on to customers

      I, for one, welcome my new Sony overlords.

      --
      Well, apparently, you only have to fool the majority of people for a little while.
  17. There goes the neighborhood by Anonymous Coward · · Score: 0

    Sheesh. As if we weren't in enough of a state of decay with corporations running the government. Looks as if the plan is to remove all restrictions and rush headlong toward complete fascism. Perhaps we should re-read Orwell's 1984 and Gibson's Neuromancer to see what happens next.

  18. NOT REALLY THE PROBLEM by tjstork · · Score: 2, Insightful

    At issue is that under the Constitution, the Federal Government has no explicit power to regulate even political campaign donations.

    --
    This is my sig.
    1. Re:NOT REALLY THE PROBLEM by csartanis · · Score: 1

      They can't force you to pay taxes either, so I suggest you stop. Teabaggers unite! (somewhere far far away)

    2. Re:NOT REALLY THE PROBLEM by Trailer+Trash · · Score: 1

      At issue is that under the Constitution, the Federal Government has no explicit power to regulate even political campaign donations.

      Yeah, nor do they have any legal power to regulate intrastate commerce, drugs, I don't even know where to begin on this list. Anyway, the point is that that's never stopped them.

  19. Anonymous Coward by Anonymous Coward · · Score: 0

    I don't understand why we don't limit the amount of money a candidate can spend on an election...period. This would stop people from buying elections and present a more level playing field for the candidates. Are there any arguments as to why this is a bad idea? Of course I see why the politicians wouldn't like it, but wouldn't this be a good thing for you and me?

    1. Re:Anonymous Coward by bmetzler · · Score: 1

      I'm pretty sure there's some clause in the first amendment that would prohibit such a limitation. Maybe that clause which does something like.... "or abridging the freedom of speech, or of the press" ... I mean, you'd like to think that the constitution really means something, I guess.

  20. This has nothing to do with free speech... by Pojut · · Score: 1

    ...and everything to do with money. Most of the time shouts of "free speech!" are heard, it's because of money.

    A CORPORATION doesn't have an opinion, and thus doesn't need to be financing political commercials. A PERSON can, sure...but not a frakking COMPANY.

    1. Re:This has nothing to do with free speech... by TheSync · · Score: 1

      A CORPORATION doesn't have an opinion,

      What makes you say that? A corporation can certainly define official policies on all kinds of things, from IT security procedures, dress code, and yes, political beliefs.

  21. Both good and bad ways aspects by JoshuaZ · · Score: 4, Insightful

    I haven't read the decision and the dissent yet, but I'm fascinated by how immediately negative the comments prior to this one are, especially the comments that try to argue that corporations should have fewer free speech rights than people. Part of the nature of free speech is that there's always some category that one would often not want to apply it to. For the Slashdot crowd that seems to be corporations. But the whole point of robust free speech is that you give it to any who want to use it. Concern over what this will do to elections is understandable as a policy concern but that's a pragmatic consideration that shouldn't impact such basic philosophical decisions. Moreover, what this really does is level the playing field between corporations. As it is now, Fox or MSNBC or any major newspaper can effectively push for a candidate or policy they want simply by the bias in their coverage. But a corporation that isn't involved in "news" or the like has its hands tied. And as for the impact this might have on elections: It should be apparent from the election of Obama that if a lot of people actually care about a candidate they can give in both time and money a lot more than even many large corporations. Of course, that candidate might then turn around and sell people out, but that's a separate problem...

    1. Re:Both good and bad ways aspects by etymxris · · Score: 5, Insightful

      Free speech for individuals is great. The problem is that corporations are not people and money is not speech.

    2. Re:Both good and bad ways aspects by kindbud · · Score: 1

      I haven't read the decision and the dissent yet

      Then you must be an evangelical Christian Republican. Only one of those would proudly proclaim their ignorance as if it were a virtue.

      --
      Edith Keeler Must Die
    3. Re:Both good and bad ways aspects by madpansy · · Score: 1

      Individuals should also have the freedom of assembly. But I guess in your view it's only kosher so long as they don't actually do anything as a group.

    4. Re:Both good and bad ways aspects by Anonymous Coward · · Score: 0

      Do you believe a corporation is a living creature? Do you feel that a corporation is included in 'we the people', making it a person? Clearly a corporation is NOT a living creature and should not be treated as one. A corporation exists only for itself because it's purpose is to make money (especially for its shareholders).

      Why should an entity that could potentially *live* forever have the same rights as a human being? A sufficiently wealthy corporation could potentially run the entire country. That is not democracy. That is not a republic. That is hell and we are on the precipice.

    5. Re:Both good and bad ways aspects by _Sprocket_ · · Score: 1

      Moreover, what this really does is level the playing field between corporations. As it is now, Fox or MSNBC or any major newspaper can effectively push for a candidate or policy they want simply by the bias in their coverage. But a corporation that isn't involved in "news" or the like has its hands tied.

      Yes - by all means. We should have corporations like Fox or MSNBC able to sell their influence to a much wider audience of high-paying customers. That's really leveled the playing field.

      But perhaps I'm not being fair. We should not be afraid to associate free speech beyond a human entity. Corporations count. So do radios. Volume controls are censorship.

    6. Re:Both good and bad ways aspects by EzInKy · · Score: 2, Interesting


      Moreover, what this really does is level the playing field between corporations.

      Yes, it does level the playing field...

      "Under today's decision, multinational corporations controlled by foreign governments would have the same rights as Americans to spend money to tilt U.S. elections."

      -Justice Stevens, dissenting.

      --
      Time is what keeps everything from happening all at once.
    7. Re:Both good and bad ways aspects by JoshuaZ · · Score: 1

      But perhaps I'm not being fair. We should not be afraid to associate free speech beyond a human entity. Corporations count. So do radios. Volume controls are censorship.

      Volume controls aren't censorship anymore than restrictions against people screaming at 2 AM constitute censorship. Censorship is restriction on speech that is based on the type of content. That's exactly what we have here where a corporation can advertise or a hundred other things but as soon as the money goes to anything remotely political looking it becomes unacceptable. That's a classic content based decision. And that should be worrisome.

    8. Re:Both good and bad ways aspects by CannonballHead · · Score: 1

      Oh come on. He's just a /.er. Why "evangelicals" and "Christians" and "Republicans" are at the end of every "ignorant" joke is beyond me. I've met quite a few ignorant ... idiots at school, and I don't think any of them were any of those three words. In fact, most of them used the most illogical arguments to support very liberal ideology.

      [/over reaction rant]

    9. Re:Both good and bad ways aspects by MindlessAutomata · · Score: 2, Insightful

      Money IS speech, or more accurately, money is used to buy the means of speech. Last election we saw Ron Paul (however you feel about him) have supporters pay for a blimp, newspaper advertisements, and donated a record amount of money to try to promote him. You can no more expect a grassroots politicians to rise up without money than you can expect a business to do well without advertising.

      If you take money out of speech, then it's media interest and bias alone that controls the elections, because they are the gatekeepers to what most people see and hear.

      If your argument is that only individuals have freedom of speech, then you cannot argue that any group of people has freedom of speech, and that includes lobbying groups of any kind (including those that are truly political and want change in civil liberties, such as, say, a group like NORML or the EFF). You can't pick and choose what type.

    10. Re:Both good and bad ways aspects by MindlessAutomata · · Score: 1

      Exactly. You take the "money" out of electing politicians, you restrict donations, etc, then the media gets the run the show even more than they do now because they get to decide what to report and what not to report.

    11. Re:Both good and bad ways aspects by JoshuaZ · · Score: 1

      Or you know, they are both very long and take time and by the time anyone in this thread gets through them this discussion will likely be over. And the comment didn't even talk about the decisions in any detail but rather the reaction of Slashdot editors. Saying one hasn't yet read a legal opinion is similar to saying IANAL in a more general legal discussion. Frankly, I find your response to be fascinating. Someone says something that potentially disagrees with your apparent opinion and you respond by deciding they must fall into some category that you dislike The truly funny thing is that I agree with you that that specific category has a serious problem with making ignorance a virtue. But "evangelical Christian Republicans" aren't the only such group. Extremist Muslims are good at it. As are Orthodox Jews. And you should read some New Age and alt medicine websites some time (where most of the people will generally be pretty left-wing. But since you seem to confuse a careful disclaimer with a proud proclamation of ignorance I doubt that point is going to penetrate your brain.

    12. Re:Both good and bad ways aspects by madpansy · · Score: 1

      And if FoxNews or MSNBC didn't receive contributions from other high-paying corporations, they themselves would still have incredible influence on elections due to their position in the media. Unless you believe the media is unbiased... The solution is to educate the masses. As long as we continue to consume media and political rhetoric without critical thinking, no amount of restrictions on corporate spending will change the status quo; money will find a way.

    13. Re:Both good and bad ways aspects by commodoresloat · · Score: 1

      That's moronic. What he said has nothing to do with restricting the right of people to assemble.

    14. Re:Both good and bad ways aspects by _Sprocket_ · · Score: 1

      That's exactly what we have here where a corporation can advertise or a hundred other things but as soon as the money goes to anything remotely political looking it becomes unacceptable. That's a classic content based decision. And that should be worrisome.

      It's only worrisome if you believe that corporations are people. And if you're willing to do that, then radios have rights too. And so does any other inanimate object.

    15. Re:Both good and bad ways aspects by _Sprocket_ · · Score: 1

      Education is almost always the solution to these things. But then, that's also how you ultimately solve many forms of crime. It doesn't mean you stop pursuing and prosecuting criminals.

    16. Re:Both good and bad ways aspects by Scooby+Snacks · · Score: 1

      If you want to equate the rights of free persons with those of legal constructs, start by removing the "limited liability" provisions of the laws which enable those constructs.

      --

      --
      Runnin' around, robbin' banks all whacked on the Scooby Snacks...
    17. Re:Both good and bad ways aspects by SETIGuy · · Score: 1

      Exactly. You take the "money" out of electing politicians, you restrict donations, etc, then the media gets the run the show even more than they do now because they get to decide what to report and what not to report.

      Exactly. It was so unfair in the past. Now what the media reports will be based upon which corporation pays them the most money to lie on behalf of their candidate.

    18. Re:Both good and bad ways aspects by nine-times · · Score: 1

      It should be apparent from the election of Obama that if a lot of people actually care about a candidate they can give in both time and money a lot more than even many large corporations

      Right. Poor large corporations are so powerless when dealing with individuals. After all, the common man has so many more resources at his fingertips.

      Who said corporations are supposed to be involved in the political process anyway? They're not people. They don't get a vote. Let's stop talking about this abstractly for a second: when a "corporation" donates money to a candidate, that means that a person or a set of people running a company decided who do donate money to and they directed those funds to that candidate. AFAIK, for me to donate more than a couple thousand dollars is illegal. Meanwhile, some guy running a corporation can donate as much as he wants to whoever he wants? Why, because he's wearing a special magic "corporation" hat?

    19. Re:Both good and bad ways aspects by evilWurst · · Score: 1

      > I haven't read the decision and the dissent yet, but I'm fascinated by how immediately negative the comments prior to this one are, especially the comments that try to argue that corporations should have fewer free speech rights than people. Part of the nature of free speech is that there's always some category that one would often not want to apply it to

      There is no corporation not made up of human beings, so giving a corporation MORE rights than a human (or even ANY rights at all, at some level), translates directly to giving that corp's leaders more rights than actual voting citizens.

      The second matter - counting money as "speech" - just makes this worse, because corporations get different, much more favorable laws and standards about their money than we flesh and blood human beings get about our own money. Some citizens are, under the guise of nonvoting entities, getting vastly disproportionately more influence in this democracy than the rest of the citizens are. And it should be blitheringly obvious that extending that to non-resident non-citizens is even worse.

    20. Re:Both good and bad ways aspects by JoshuaZ · · Score: 1

      Your logic is impeccable but the conclusion is wrong. You've successfully engaged in a reducio ad absurdam. The question then becomes which premise should be thrown out? That seems obvious, there shouldn't be a restriction on how much money an individual can donate to a campaign. Indeed, it is somewhat ridiculous that if I own a newspaper I can make an endorsement that's effectively worth tens of thousands of dollars or much more in the impact it might have on a campaign but if someone who doesn't own a newspaper tries to donate 1001 dollars they can become a criminal. Instead of restrictions like this we should simply have transparency requirements so it is very clear where every dollar that any given politician has came from.

    21. Re:Both good and bad ways aspects by Anonymous Coward · · Score: 0

      This is neither about money as speech nor individuals. The First Amendment mentions freedom of speech, and people are not mentioned until the right to organize peacefully. Moreover, this isn't about donating to campaigns, it is about airing advertisements in support of a candidate. That is speech, no matter how you slice it. Money is what is used to broaden the communication target, but it is speech nonetheless.

      At the end of the day, their interpretation is perhaps correct. That simply means that organizations that *do* have the best interests of the people in mind should use their expertise (in law, political strategy, etc) to make money and then air advertisements for *those* candidates. And yes, that includes candidates in third parties and what have you. Until the Supreme Court changes the rules of the game again, or a Constitutional amendment is passed, the game needs to be played by these rules.

    22. Re:Both good and bad ways aspects by NeutronCowboy · · Score: 1

      You're trying to make the world into black and white. It isn't. There's a whole set of possibilities between "only individuals can talk during elections" and "the entity with the most money talks the loudest". There's a balance to be had, and this isn't balance.

      --
      Those who can, do. Those who can't, sue.
    23. Re:Both good and bad ways aspects by jmorris42 · · Score: 1

      > Oh come on. He's just a /.er. Why "evangelicals" and "Christians" and "Republicans" are at the end of every "ignorant" joke is beyond me.

      It is the famous 'tolerance' and promotion of 'diversity' of the modern left. When they use those words they don't mean what we think they mean. Diversity if people of every color, racial background and gender identity fucking each other in every possible way, but all thinking in perfect lockstep. Tolerance is every form of fascism/socialism/etc getting along with every other atheist philosophical system.... so long as everyone agrees to hate America and all thestic religions.

      --
      Democrat delenda est
    24. Re:Both good and bad ways aspects by TheRaven64 · · Score: 1

      No, it's fine for them to do things as a group, but they should not be legally allowed to do things as a group if they are not legally allowed to do them as the equal number of ungrouped individuals. There are limits on the amounts that an individual can contribute to campaigns. Corporations should not, as corporations, be allowed to give anything, but as a group of individuals they should be allowed to give the sum of the amount one individual may give, and that amount should count towards the limit for the individuals concerned.

      --
      I am TheRaven on Soylent News
    25. Re:Both good and bad ways aspects by DwySteve · · Score: 1

      Free speech for individuals is great. The problem is that corporations are not people and money is not speech.

      The supreme court just decided that both things you said are wrong. I mean, they should be wrong, but current interpretation of the law of the country we live in says that they're wrong. But this is what we should be fixing. Let's focus on the root of this: corporate personhood. That has to be expressly limited somehow.

      --
      http://angryee.blogspot.com
    26. Re:Both good and bad ways aspects by Anonymous Coward · · Score: 0

      Free speech for individuals is great. The problem is that corporations are not people and money is not speech.

      Corporations are made up of individuals. Individual rights, including but not restricted to those in the BIll of Rights, are not contingent upon membership in groups.

      As for the "money is not speech" line, it ignores the fact that money is a means to speech. A freedom without means of exercise is no freedom at all.

      Printing presses are not speech, and neither are pens, paper or the Internet. So if the First Amendment doesn't protect those, the government can simply regulate those into uselessness, and where is your freedom of speech then?

      It ends up here:

      You don’t want some recalcitrant hacks to come out with treatises that will wreck our entire program, do you? If you breathe the word “censorship” now, they’ll all scream bloody murder But if you leave the spirit alone and make it a simple material issue – not a matter of ideas, but just a matter of paper, ink and printing presses [y]ou’ll make sure make sure that nothing dangerous gets printed or heard – and nobody is going to fight over a material issue.

      Without property rights, no rights are possible.

    27. Re:Both good and bad ways aspects by Caraig · · Score: 1

      The right to assembly is separate from incorporation. A corporation is granted a charter to conduct its business in accordance with the laws of the land. It is granted this charter because it is not merely an assembly of equal individuals, but rather a machine for a specific fiduciary goal (that goal being either to minimize costs amongst its members, or to maximize profits for the owner(s) of the corporation while (sometimes but not always) providing some service(s).)

      Right to assembly specifically addresses the ability of people to personally and peacefully gather together without fear of the police -- or, when the Constitution was written, the military -- coming by and breaking them up, or even just breaking them.

      I do hope that the difference is clear. Conflating 'peaceful assembly' with 'corporation' is not being accurate. They are two very, very different things.

      The real issue in question here is the extent of constitutional protections that a corporation has, in that since the mid-1800's corporations have acquired a legal fiction of 'pseudo-personhood.' (Interestingly, if I recall correctly, the case which is used as precedent was a corporation suing someone for libel and slander, and winning on the judge's premise that a corporation is entitled to protection from libel and slander.) So, in a nutshell: How much is a corporation considered a 'person' insofar as Constitutional protections?

      --
      "I am an Adept of Tantric VAX."
    28. Re:Both good and bad ways aspects by Caraig · · Score: 1

      Isn't that already the case with Rupert 'Carpetbagging Asshole' Murdoch and his News Corp.? Or did he finally become a US citizen after all?

      --
      "I am an Adept of Tantric VAX."
    29. Re:Both good and bad ways aspects by Anonymous Coward · · Score: 0

      They're not people. They don't get a vote.
      Don't give them ideas...

    30. Re:Both good and bad ways aspects by Anonymous Coward · · Score: 0

      You miss the point. An individual can't simply drop a few million dollars on an ad campaign to pass a bill that in some way might benefit them. Corporations can.

    31. Re:Both good and bad ways aspects by MindlessAutomata · · Score: 1

      And people like you are educated enough to eat it up.

    32. Re:Both good and bad ways aspects by seekertom · · Score: 1

      Joshua--- I'm glad you are fascinated by the way most of us have knee-jerk reactions to most anything our govt has to say anymore. Most of us probably have come to the conclusion that anything coming out of Washington is probably bad news for us, but you seem to believe otherwise. Give me YOUR list of all the great and wonderful things that have occurred during the past two or three decades that would dispute this.... as for corporations having the right to 'free speech': the first amendment does say the govt can't pass a law to limit it, but the constitution is all about individuals, citizens of the United States of America, not fictitious entities (who may or may not even be American!). Corporations can't own a gun, can't vote, can't do a lot of other things provided for by the Constitution, because corporations are not citizens, not people! Also, corporations are legally established, licensed etc to do a specific type of business. NONE that I know of, have included in their charter the activities of politics. Thanks fer lis'nin' seekertom

  22. Free sppech? by mweather · · Score: 4, Insightful

    If corporations want to be individuals, it's time we start taxing them like individuals.

    1. Re:Free sppech? by BillCable · · Score: 1

      They'd be all for that, since the corporate tax rate is significantly higher than the individual tax rate.

    2. Re:Free sppech? by GodfatherofSoul · · Score: 1

      Lots, if not most, corporations pay significantly less tax than individuals. Whenever there's a big corporate crime trial, the tax info usually starts coming out. Microsoft (maybe it was Enron) had not paid tax in something like 3/4 of the past years before their big trial.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    3. Re:Free sppech? by ocularsinister · · Score: 1

      Corporations are already taxed, and at a higher rate than individuals. What we need is a way to properly punish badly behaved companies and their share holders. For less serious cases this could involve state imprisonment: the board is replaced with government officials, profits go to the state, shares are suspended. For more serious cases, corporate execution may be called for: the company is dissolved, assets are sold off (proceeds go to the state), shareholders get nothing.

    4. Re:Free sppech? by Anonymous Coward · · Score: 0

      You're either being facetious or you're mentally retarded.

    5. Re:Free sppech? by Anonymous Coward · · Score: 0

      You _are_ aware that we tax corporations, yes? Are you suggesting that corporations should be taxed in the exact same manner as individual persons? If so, I look forward to the nuptials of, say, Exxon and Kraft Foods. They want the marriage tax breaks, of course.

    6. Re:Free sppech? by MindlessAutomata · · Score: 1

      I agree, but we should also stop taxing individuals :)

    7. Re:Free sppech? by j79zlr · · Score: 2, Insightful

      You cannot tax a corporation. Increased tax burdens just trickle down to reduced wages for low level employees and increased prices. I'm not sure why that is so hard for people to get.

      --
      I'm not not licking toads.
    8. Re:Free sppech? by FunOne · · Score: 1

      FYI: Microsoft paid 5.2 billion in taxes last year on a profit of ~20 billion, so they paid roughly 25% as their income tax.

      --
      FunOne
    9. Re:Free sppech? by ArcherB · · Score: 1

      If corporations want to be individuals, it's time we start taxing them like individuals.

      We would lose a lot of tax dollars that way and the corporations would love it!

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    10. Re:Free sppech? by MaWeiTao · · Score: 1

      If corporations want to be individuals, it's time we start taxing them like individuals.

      So you're suggesting we tax them less than they're taxed now?

    11. Re:Free sppech? by Anonymous Coward · · Score: 0

      You mean giving them tax credits for employees instead of payroll taxes like parents get for dependents.

    12. Re:Free sppech? by WrongMonkey · · Score: 1

      The top tax bracket for individuals is 35%.

    13. Re:Free sppech? by Anonymous Coward · · Score: 0

      Dont any of you people understand? Every single dime that a corporation gets taxed is another dime that they raise the price of their widgets/services. No corporation in the history of mankind has paid a dime of taxes. the billions exxon mobil payed last year? You paid the billions, not exxon, since all of the money they pay in taxes comes from their customers. How is it possible that 99% of the us population doesnt understand this? It is amazingly simple.

    14. Re:Free sppech? by Anonymous Coward · · Score: 0

      How about just taxing us like corporations. :)

    15. Re:Free sppech? by Anonymous Coward · · Score: 0

      Corporations pay taxes based on their net income not their gross income.
      Can you say the same?

    16. Re:Free sppech? by SETIGuy · · Score: 1

      Yes, but individuals are taxed based upon their income rather than their profits after expenses. So individuals pay much much much much higher taxes than corporations.

      But I'm all for getting rid of income taxes entirely. The only proper basis for taxes is wealth. Taxes should be a fixed percentage of personal wealth (i.e. assets-liabilities), with no sheltered assets and business ownership taxed based upon the higher of market or book value. You could get rid of corporate taxes entirely, since the taxes would be paid by the owners of the corporation.

    17. Re:Free sppech? by Anonymous Coward · · Score: 0

      individuals - gross income taxed
      corpos - net income taxed

      corporations can inflate costs and pay zero - impossible for an individual.

    18. Re:Free sppech? by Uberbah · · Score: 1

      That's amazing nonsense, as businesses always set prices based on what the market will bear. If they could raise prices without losing too many customers, they will go ahead and raise prices - taxes or no taxes.

      Furthermore, there has never been a tax cut on business income that has ever created a single job in the history of the world. First, taxes on profits are taxes on profits, not a cost of doing business like raw materials or labor. Second, if a business owner will make more money by hiring more employees, then he will go ahead and hire more employees and write off the cost as a business expense. You give a business owner a cut on his income based taxes, and it will simply go into his pocket.

    19. Re:Free sppech? by Uberbah · · Score: 1

      That only applies to costs of doing business - raw materials, energy, labor - not profits. There has never been an increase on business profits that has ever resulted in the loss of a single job, nor has there ever been an income tax cut that has resulted in the creation of a job. This is because businesses already set prices and hire based on maximizing revenue - and that applies whether taxes on profits are 95% or 0%.

    20. Re:Free sppech? by Uberbah · · Score: 1

      You are aware that corporations pay little to no taxes after loopholes and deductions, yes?

    21. Re:Free sppech? by shutdown+-p+now · · Score: 1

      You cannot tax a corporation. Increased tax burdens just trickle down to reduced wages for low level employees and increased prices.

      So it would make non-incorporated businesses more competitive, then? Awesome!

    22. Re:Free sppech? by Anonymous Coward · · Score: 0

      Or it's time to start taxing individuals like corporations. Why, when there is inequality of taxes, must way always say Group X should be taxed more to reach equality? Why not instead say Group Y should be taxed *less* to reach equality?

    23. Re:Free sppech? by LynnwoodRooster · · Score: 1
      In 2008, ExxonMobil (one of the favorite targets of the Left) made $45 billion in net profit; they paid $34.5 billion in sales taxes, $41.7 billion in other taxes and duties, and $36.5 billion in income taxes (source: page 38 of the 2008 Annual Report of XOM). Meaning on revenues of $477 billion, ExxonMobil returned 9.4% to the owners of the company, and paid the Government 24% of revenue (the Government gets $2.55 for every $1 retained as profit). I don't know how many individuals pay and effective 71% tax rate on their person income.

      .
      And this also means that basically 25% of the cost of the gas you pump into your car is used to pay the taxes that ExxonMobil pays to the Government. On top of the ~$0.60 per gallon in direct taxation you pay (at least here in Washington State). On that $3/gallon of gas, ExxonMobil is making about $0.28; the Government is $1.35.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    24. Re:Free sppech? by LynnwoodRooster · · Score: 1

      Actually, they pay taxes on an adjusted (after expenses) gross income, much like you (you do itemize, don't you?).

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    25. Re:Free sppech? by Anonymous Coward · · Score: 0

      Or, if corporations want to be persons, they need to be burdened with the mortality and infirmities of persons. For instance, with the actual corporations to be selected randomly, without recourse and with no appeal:

      * each year some number of corporations should be instantly eliminated with no warning whatsoever - in the same percentages as people die without warning. Think of it as the corporate equivalent of a traffic accident, or drive-by shooting, or undetected aneurysm.

      * no corporation should be allowed to have a lifespan greater than that of a real person and they should be randomly selected for elimination at ages mirroring actuarial figures for humans. Some should die at birth and a very, very few could make it to 110+ years. Most should be eliminated by age 85 or so.

      * each year some number of corporations should be declared "ill" and have to suspend their activities for a randomly chosen period of time. Some of them would be declared terminally "ill" and be forced to run up huge expenses before being eliminated. Think of it as corporate cancer.

      * each year some number of corporations should start losing their memories, have their cognitive functions reduced, and finally be eliminated after having been made ineffective and impoverished. Think of it as corporate Alzheimers.

      The list of things they should be subject to, if they really want to be allowed "person-hood" is quite long. And none of it is very good.

    26. Re:Free sppech? by TheSync · · Score: 1

      There has never been an increase on business profits that has ever resulted in the loss of a single job

      You ignore risk vs. reward. No one is going to invest in a corporation to taxed down to just make 1% or 2% a year on their investment which could go bankrupt when they could get the same risk-free return in US Treasury Securities.

      No investment = no jobs.

    27. Re:Free sppech? by theycallmeB · · Score: 1

      Yes, but if you do not tax corporations to pay for the government services they consume, then you artificially lower the cost of doing business and distort the market by separating the market price of a product or service from its actual cost to the people who are paying taxes. By ensuring that all of the costs of a given product are included in its price, including the cost of government services used by the company making the product, corporate taxes can result in consumers better optimizing their purchasing decisions to give themselves a maximized return on their expenditures.

      Its really just the application of free and fair market principles without the anti-tax ideology or slavish devotion to corporate welfare. I'm not sure why that is so hard for people to get.

    28. Re:Free sppech? by Philip_the_physicist · · Score: 1

      I don't know the US tax laws, but where I am, corporation tax is 30 of net, whereas for an individual pays a progressive tax on gross income, and the effective rate is over 30% for those earning over ~US$106k (3 times the median income), increasing asymptotically to 45%.
      With a bit of handwaving, it is obvious that most corporations would have more than 3 employees, and so even apart from the greatly increased tax bill involved in the switch from net to gross income, they would almost all be paying a higher rate.

      Of course, if both individuals and corporations were taxed on the same system, the system would need to be massively redesigned.

    29. Re:Free sppech? by AK+Marc · · Score: 1

      I don't know how many individuals pay and effective 71% tax rate on their person income.

      People pay it on their gross. Exxon made $477 billion, and paid taxes at a lower rate than a person who made those numbers.

      In 2008, ExxonMobil (one of the favorite targets of the Left) made $45 billion in net profit; they paid $34.5 billion in sales taxes, $41.7 billion in other taxes and duties, and $36.5 billion in income taxes

      Sales taxes? When those are generally charged, the person buying pays them. Why do they get to claim them when no other business collecting and passing on the customer's payments counts them? I guess it doesn't matter fiscally if you take them in and pay them out equally, but put it on the report and nutjobs count sales taxes as something the corporation pays. And "other taxes" is in a financial statement. They call the fees for removing oil from the ground in Alaska "taxes." They run ads on TV stating they are "taxes." However, the reality is that the oil is owned by the State of Alaska, and they are paying below market value for the oil, and paying for what isn't theirs is "taxes" because it's owned by the government? Yeah, that really counts as taxes.

      And this also means that basically 25% of the cost of the gas you pump into your car is used to pay the taxes that ExxonMobil pays to the Government. On top of the ~$0.60 per gallon in direct taxation you pay (at least here in Washington State). On that $3/gallon of gas, ExxonMobil is making about $0.28; the Government is $1.35.

      $0.184 per gallon goes to the feds, and $0.36 to the state, in the state of WA. You are speaking like the "sales taxes" you counted don't include the excise taxes. It's a corporate cashflow, they have to account for the cash, even if it isn't theirs. You are counting the excise money twice. And counting it against their tax percentage. And "other taxes and duties" seems to me to be nothing more than fees for taking oil. It's part of the cost of the oil, as the resources are often owned by governments or shipped across borders. They paid 7.5% of their gross income (what people are taxed on) in income taxes. That's better than the average middle class family. So I don't see the problem, and it seems you have to use creative accounting to make it look like the poor oil companied are getting raped by the government by having to pay 7.5% of their income in income taxes.

    30. Re:Free sppech? by Anonymous Coward · · Score: 0

      You cannot tax a corporation. Increased tax burdens just trickle down to reduced wages for low level employees and increased prices. I'm not sure why that is so hard for people to get.

      I don't think it's very hard for people to get at all. I think the people who understand it and still advocate it know full well what they're doing. Corporate income tax is effectively sales tax, but people know that a general sales tax is regressive and harms the poor. So you have a corporate income tax, it still harms the poor, but now Joe Incumbent gets reelected for punishing those dastardly corporations and lowering taxes on "real" people. Never mind that "real" people are still paying more for the things they buy.

    31. Re:Free sppech? by winwar · · Score: 1

      "...much like you (you do itemize, don't you?)."

      Not like you and me. If you were to incorporate as an individual and operate like a corporation with respect to taxes, the IRS would present you with a pretty impressive tax bill during an audit.

    32. Re:Free sppech? by LynnwoodRooster · · Score: 1

      People pay it on their gross. Exxon made $477 billion, and paid taxes at a lower rate than a person who made those numbers.

      Yes, because no one gets a mortgage deduction, or health cost deductions, or deductions on long-term savings, or deductions for college expenses, or deductions for dependents, or...

      I take it you simply pay full tax on your gross take home pay, you don't avail yourself of even the standard $7500 deduction? You like to pay on gross, no adjusted gross like the IRS allows?

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    33. Re:Free sppech? by John+Newman · · Score: 3, Interesting

      You cannot tax a corporation. Increased tax burdens just trickle down to reduced wages for low level employees and increased prices. I'm not sure why that is so hard for people to get.

      You cannot tax me. Increased tax burdens just trickle down to less disposable income to spend on cars and cable tv and smaller tips for low level employees like delivery boys and waitstaff. I'm not sure why that is so hard for corporations to get.

    34. Re:Free sppech? by AK+Marc · · Score: 1

      I take it you simply pay full tax on your gross take home pay, you don't avail yourself of even the standard $7500 deduction? You like to pay on gross, no adjusted gross like the IRS allows?

      Then deduct $7500 from the middle class income and reapply the formula. It still results in Exxon paying less per dollar made than the middle class.

    35. Re:Free sppech? by NeoSkandranon · · Score: 1

      Individuals don't get tax breaks to set up shop in a certain area.

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    36. Re:Free sppech? by Kattspya · · Score: 1

      Since when have corporations, being all corporationy, argued for generally increased taxes for the public?

      Show me one instance of such a thing occurring unless you want to be considered completely retarded.

    37. Re:Free sppech? by mweather · · Score: 1

      By arguing they should be able to pay less than their fair share, that's exactly what they're arguing.

    38. Re:Free sppech? by Anonymous Coward · · Score: 0

      U.S. corporations pay the 2nd highest tax rate in the world. Japan being first I think. But then again, corporations don't really pay taxes, they just pass it on to us, the consumer/employees in the form of higher prices for good and services, lower pay increases, less bonuses, less benefits.

    39. Re:Free sppech? by Kattspya · · Score: 1

      No, that's exactly not what they're arguing. They are arguing that they should pay less taxes which is fine. Arguing for lower taxes for one self is not equivalent to ask for raised taxes for everyone else.

      If it was completely impossible to slash a dollar off the state budget you might have a point. But then you'd also have to argue that state budgets are always balanced and the latter is just ridiculous.

    40. Re:Free sppech? by Anonymous Coward · · Score: 0

      Here, here!

    41. Re:Free sppech? by enstrophy · · Score: 1

      When the 'cut the taxes' party starts talking about what programs to eliminate, I will start listening. Are they advocating cutting the military, the state police, education, road repairs, payments on the national debt? Or do they think these things will magically take care of themselves? Until they are willing to stay what part of the state budget they will 'slash' then they are just hot air.

    42. Re:Free sppech? by LynnwoodRooster · · Score: 1
      The median income in the US is $32,140 per person. Taking the standard $7500 deduction would result in an AGI of $24,640.

      .
      You pay 10% on the first $8,375 and 15% on the next amount up to $34,000. That means you would pay $837.50 (10% of the first $8,375) and $2,439.75 (15% of the balance of the next $16,265) for a total tax bill of $3,277.25 or 13.3%.

      So your claim is that ExxonMobil who paid $36.53 billion in income taxes on their AGI of $81.75 billion - 44.69% - is equivalent to the average person in the US paying 13.3%? Really?

      Of course, this is /. so hating the corporations is expected, let's not let facts and rational thought enter into the discussion...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    43. Re:Free sppech? by AK+Marc · · Score: 1

      The median (I note you took the most favorable "average" possible, avoiding things like mean) person pays 10% of gross, and Exxon pays 7.5% of gross. The person pays more of what they make. You don't get to deduct living expenses, just a small subset of them, so net to net comparisons will always make it look like the corporation pays more. But the actual gross to gross will almost always have the corporation paying less. When I get to deduct food and such, then it may be a closer comparison.

      Of course, this is /. so hating the corporations is expected, let's not let facts and rational thought enter into the discussion...

      I know, and yet, I feel compelled to respond to the anti-fact irrational person that refuses to compare gross to gross and that claims deducting 100% of expenses for one is the same as a tiny subset of living expenses from the other.

    44. Re:Free sppech? by LynnwoodRooster · · Score: 1

      Great. Then we're back to where I started - apparently you don't take the deductions allowed and pay taxes on adjusted gross income. Fabulous. Now that your fantastical strawman is out of the way, we can talk about realities...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    45. Re:Free sppech? by AK+Marc · · Score: 1

      Yes, we are back where we started. The taxes on corporations are less than those on people. That is the reality.

  23. Congratulations, America by Anonymous Coward · · Score: 0

    About time we got rid of this silly "democracy" nonsense

    I pledge allegiance
    To the logo
    Of the Corporate States of America
    And to the people
    On whom we stand
    One company
    Under money
    Indefatigable
    With misery and injustice for all

    1. Re:Congratulations, America by spidercoz · · Score: 1

      whoops, didn't mean to be anon on that, oh well, fuckit

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - Evelyn Beatrice Hall, re Voltaire
  24. citation by RelliK · · Score: 3, Informative

    Here you go, idiot.

    "Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power." - Benito Mussolini.

    --
    ___
    If you think big enough, you'll never have to do it.
    1. Re:citation by ScentCone · · Score: 0, Troll

      Ah. And your rights to donate campaign money (which is, to the penny, open to all public scrutiny and reporting), or the ability of you and your business partner to do the same - you think that's "corporatism?"

      Regardless, here's an actual definition of Fascism (rather than a comment from a brutal dictator, which you seem to prefer):

      Fasicm: a political philosophy, movement, or regime (as that of the Fascisti) that exalts nation and often race above the individual and that stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition
      2 : a tendency toward or actual exercise of strong autocratic or dictatorial control


      So, if a labor union wants to donate - in a publicly viewable way - money to Obama's campaign, or a plumbing company wants to donate to his opponent's, that plugs into the actual definition of that word how? I see. You'd prefer that speach were suppressed, in the name of freedom. Thank you, Mr. Orwell.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:citation by Trepidity · · Score: 1, Informative

      Wrong definition of "corporate". Corporatism in that context means essentially Scandinavian-style consensus democracy with government mediation amongst interest groups. The "corporate" means interest groups being represented in corporate bodies, not the specific form of the capitalist business corporation. See here.

    3. Re:citation by rolfwind · · Score: 2, Informative

      I already read many times that no one can track down the quote:
      http://en.wikiquote.org/wiki/Talk:Benito_Mussolini

    4. Re:citation by Mashiki · · Score: 0, Offtopic

      That's called statism idiot, not fascism or at the same end socialism. If you really want to start digging into it, you could call it a macro-oligarchy.

      I won't touch anything else on that it just goes downhill from there.

      --
      Om, nomnomnom...
    5. Re:citation by Anonymous Coward · · Score: 0

      Regardless, here's an actual definition of Fascism (rather than a comment from a brutal dictator, which you seem to prefer):

      Fasicm: a political philosophy, movement, or regime (as that of the Fascisti) that exalts nation and often race above the individual and that stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition
      2 : a tendency toward or actual exercise of strong autocratic or dictatorial control

      To repeat what a preceding post said: citation needed.

    6. Re:citation by MindlessAutomata · · Score: 1

      Ultimately all the politicians are still being voted in by individuals. Perhaps democracy is the problem if you're afraid of people being influenced by big-money interests?

    7. Re:citation by Skuld-Chan · · Score: 1

      Like a labor union could outspend some corporation...

    8. Re:citation by Anonymous Coward · · Score: 0

      I don't think any actual definitions of fascism include spelling errors. Furthermore, the second item "a tendency toward or actual exercise of strong autocratic or dictatorial control" is fit to a "T" by the downward slope of personnal rights in the USA.

      Then you throw out some strawmen arguments against censorship and call it a day. Superb! You appear more foolish with every post.

    9. Re:citation by ScentCone · · Score: 1

      Like a labor union could outspend some corporation...

      So, you've got labor unions (and unions of unions) that have hundreds of thousands of members (think SEIU, for example), and you've got corporations made up of ten people. Are you even listening to yourself?

      --
      Don't disappoint your bird dog. Go to the range.
    10. Re:citation by SETIGuy · · Score: 1

      Ah. And your rights to donate campaign money (which is, to the penny, open to all public scrutiny and reporting), or the ability of you and your business partner to do the same - you think that's "corporatism?"

      But that's not really what it's about. It's about corporations that you own stock in having the unlimited ability to donate your money achieve political goals you disagree with.

    11. Re:citation by ScentCone · · Score: 1

      But that's not really what it's about. It's about corporations that you own stock in having the unlimited ability to donate your money achieve political goals you disagree with.

      I see. And you were forced to buy stock in such a company how? And prevented from selling your stock in such a company how? Ah.

      --
      Don't disappoint your bird dog. Go to the range.
    12. Re:citation by SETIGuy · · Score: 1

      Given that companies don't have to disclose contributions in advance (or at all in the case of buying advertising for a candidate) or get majority shareholder approval in advance of contributing, it is impossible to prevent your assets from used for political purposes. Selling your shares after the fact doesn't help, especially when most corporations do not disclose their lobbying activities to their shareholders.

    13. Re:citation by Jeremy+Erwin · · Score: 1

      Benito Mussolini didn't know what he was talking about.

    14. Re:citation by Jeremy+Erwin · · Score: 1

      Those aren't the only options. There are shareholder resolutions... Frequently ineffective, but, hey, that's the reality of modern advanced capitalist society. Now run along. People who make thousands of time more than you do have important decisions to make.

    15. Re:citation by Anonymous Coward · · Score: 0

      Citation requires a source, idiot.

    16. Re:citation by ScentCone · · Score: 2, Funny

      companies don't have to disclose contributions in advance

      So, why would you invest in a company that has a board of directors you don't trust? Why would you hold onto stock in a company that operates according to principles with which you disagree?

      And - just to be clear, here - most corporations aren't publicly held anyway. Most are small operations, privately held. If a candiate is swearing that their purpose in life is to get elected and outlaw (for example) restaurants that serve pork ... why shouldn't the guy and his wife that incorporated to start a BBQ joint be able to run an ad saying that perhaps this guy shouldn't be elected?

      --
      Don't disappoint your bird dog. Go to the range.
    17. Re:citation by shutdown+-p+now · · Score: 1

      It doesn't matter anyway, because "corporatism" in Fascist speak doesn't have anything to do with the modern meaning of "corporation", as in "separate legal entity", in English language and legalese.

      Fascism is religious statism, State as one true God above everything else, as simple as that. It has nothing to do with corporations specifically.

    18. Re:citation by SETIGuy · · Score: 1

      Yes, the guy and his wife (individuals) should be able to run those ads. They should not be allowed to use corporate assets to pay for them, nor should the corporation be held responsible for what they say. They need to be personally responsible and liable for their own speech. If they say their opponent rapes babies and buries them in his back yard, they themselves need to be held responsible if it's not true.

      Why should they get the benefit of a liability shield in front of their speech?

      Not to mention that you've set up a straw man here. Most corporations may be small, but corporate campaign financing primarily comes from large ones.

    19. Re:citation by SETIGuy · · Score: 1

      So, why would you invest in a company that has a board of directors you don't trust?

      Because there's no such thing as a board of directors that anyone can trust. And, because the same conservative courts have said that corporations can dump pension liabilities any time they want, there is little option for saving for retirement apart from stock ownership. You can get raped by the bank while you own their stock, or you can get raped by the bank where you deposit you cash. If you invest with enough diversity, you might have something left over after the raping is done.

    20. Re:citation by arminw · · Score: 1

      ....you've got corporations made up of ten people.....

      No, corporations have shareholders, direct ones and indirect ones through pension funds and mutual funds. These can number in the millions. The management of the corporation is constrained by law to represent the best interests of the shareholders. That best interest includes spending money on political issues that affect said shareholders.

      --
      All theory is gray
    21. Re:citation by Skuld-Chan · · Score: 1

      Yeah I am - when was the last time you heard of a for profit labor union with share holders etc?

      If labor union lobbing efforts actually did anything do you think the government would be so anti-labor?

  25. Good call. by Anonymous Coward · · Score: 0

    And not because I think corporations and other large entities buying votes is a good thing. It's not.

    It's a good call because a direct assault on free speech isn't the answer. The answer is to use the FCC, use the tax laws, use other indirect methods to get this under control.

  26. Free Speech for CEOs maybe by vajrabum · · Score: 1

    And how many of those individuals involved in the contract get to pariticipate in the decision of who and when to support how much? Not the stockholders. Certainly not anyone below C level that's for sure. Now that's the right way to run a participatory democratic republic--turn it over to the CEOs. Control of the government largely by and for corporate (and union) managers.

  27. Isn't there one already? by Anonymous Coward · · Score: 0

    > Finally, all this anti-corporate ideology is on the wane, and true social equality will soon be reached when we get a corporation as a supreme court justice.

    I thought that Samuel Alito, Ltd. was already on the court?

  28. Corporations are Individuals by rotide · · Score: 5, Insightful

    [A U.S.] Supreme Court ruling in 1886 ... arguably set the stage for the full-scale development of the culture of capitalism, by handing to corporations the right to use their economic power in a way they never had before. Relying on the Fourteenth Amendment, added to the Constitution in 1868 to protect the rights of freed slaves, the Court ruled that a private corporation is a natural person under the U.S. Constitution, and consequently has the same rights and protection extended to persons by the Bill of Rights, including the right to free speech. Thus corporations were given the same “rights” to influence the government in their own interests as were extended to individual citizens, paving the way for corporations to use their wealth to dominate public thought and discourse. The debates in the United States in the 1990s over campaign finance reform, in which corporate bodies can “donate” millions of dollars to political candidates stem from this ruling although rarely if ever is that mentioned. Thus, corporations, as “persons,” were free to lobby legislatures, use the mass media, establish educational institutions such as many business schools founded by corporate leaders in the early twentieth century, found charitable organizations to convince the public of their lofty intent, and in general construct an image that they believed would be in their best interests. All of this in the interest of “free speech.” — Richard Robbins, Global Problems and the Culture of Capitalism, (Allyn and Bacon, 1999), p.100

    Personally, in my opinion, that's where it went downhill. A corporation doesn't need rights as an individual. If a corporation needs to speak it has many members which can be enabled to speak for it.

    The problem is that the voice of a business has no bearing on the amount of individuals it represents but merely by the amount of money it can throw. If a business representing 100,000 employees only has $100,000 to contribute it won't even be registered against a tiny company of 5 people that can contribute $1,000,000,000.

    If there were reasonable caps to contributions, say, $1,000 per person (people) and _no_ corporations were allowed to contribute, then the people get the power back. If a large corporation wants to push an issue, they can lobby their own employees to contribute to their cause, but the choice would again be with the individual people.

    I mean honestly, if I have $300 to contribute to a politician I support, how in the world is that going to compare to a $10,000,000 contribution from Big Media when they are leaning in the opposite direction on an issue?

    I'm not saying "the people" have had any real power for a long time (when compared to big business), but this just skews it even farther away from us.

    Sad day to be an American...

    1. Re:Corporations are Individuals by z4ce · · Score: 1

      You don't think corporations will find ways to support their causes? Through lobbyists, PACs, etc? Or do you want to crack down on that too? Such that, then will have just a black market of lobbyists.

      It's like the "War on Political Speech"

    2. Re:Corporations are Individuals by Attila+Dimedici · · Score: 2, Insightful

      If there were reasonable caps to contributions, say, $1,000 per person (people) and _no_ corporations were allowed to contribute, then the people get the power back. .

      So, if I want to spend $2,000 (of my money) to rent an auditorium to stand up and tell everyone who shows up how terrible a particular political candidate is, "Sorry, that's more than $1,000, you can't say that"?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    3. Re:Corporations are Individuals by phantomfive · · Score: 1

      Your lament is basically that "rich people have more power." This is true, and it is true regardless of whether the law recognizes corporate tax structure or not. The fact is, people control the money, 'corporation' is just a legal arrangement to make it easier for them. In fact, there are two main reasons to have a corporation:

      1) Tax laws are different.
      2) If your corporation goes bankrupt, you don't have to lose your personal money.

      So a corporation is just a legal tax structure. Even if corporations didn't have the 'personhood' fiction, you would still have groups of people who would want to pool their money together to do things, but the legal structure would probably be based on contracts instead of corporations. Functionally it would be exactly the same. And some of them would want to spend money on political campaigns. So getting rid of corporations doesn't really solve this problem at all. The problem is that people with more money have more power.

      We actually can solve the issue by killing all the rich and redistributing the wealth, but in practice that has caused more problems in practice than it has solved. A better solution is education the populace, and this is happening. As one example, Twenty years ago when newspapers reported on politics, they would say things like this "President Reagan today said X." Now they are catching onto the spin, and saying things like this: "President Obama tried to appeal to X demographic by saying Y." So education is happening. That is why I am optimistic for the future, even though for the past decade our government has been quite braindead.

      --
      Qxe4
    4. Re:Corporations are Individuals by rev_sanchez · · Score: 1

      While the direct campaign contributions seem more slimy and I'm not comfortable with the $$$ = speech theory with the cash-and-carry government it implies, I think the very bothersome grey area comes in form of message ads like the 527 organizations ran.

      It allows big money donors to hide behind a front group and throw support behind their candidate while saying pretty outrageous things which are far enough away from their candidate to give them deniability (i.e. swift boating). In my opinion this falls more clearly under speech than campaign contributions so I'm inclined to say it should be better protected but the way it's done is pretty disgusting.

      I guess that's how some people view porno but that doesn't seem to have as detrimental effect on our government.

      --
      If you didn't come to party don't bother knocking on my door. Prince '1999'
    5. Re:Corporations are Individuals by Sancho · · Score: 1

      A better solution is education the populace, and this is happening.

      Mmm hmm.....

    6. Re:Corporations are Individuals by lousyd · · Score: 1

      I'm sympathetic to the cries of those who say a corporation is not an individual. But it seems like the people who say that always follow up with, "therefore we should get to screw companies any way we want". Just because a corporation is not truly an individual does not mean that they don't deserve protections under the law. And anyway, there's some extent to which trampling on corporations becomes trampling on the people who own or operate the corporations. If the CEO wants to give money to a candidate, and his or her board agrees and the company's bylaws don't prevent it, then who's to say the CEO can't do that?

      --
      If aspiration is a virtue, achievement cannot be a vice.
    7. Re:Corporations are Individuals by mathfeel · · Score: 1

      Even if they are by some twisted logic, isn't individual contribution capped anyway? Why isn't a corporation, as a person, also capped at the same limit? A corporation is _not_ a political representative of all those who are employed by it.

      --
      The only possible interpretation of any research whatever in the 'social sciences' is: some do, some don't
    8. Re:Corporations are Individuals by rotide · · Score: 1

      A CEO is a person just like you and me. If a person, CEO or not, wants to spend personal savings on a candidate, go for it. The business as a whole should get zero say, but each and every individual could be asked to "speak" on the issue individually. If the janitor wants to write and send $100, awesome. If the CEO wants to write and send $100, _equally_ awesome.

      Simply put, the individuals get the voice, not a faceless organization that wants to sway political opinion for the _organizations_ (read: not the individuals who work/invest) benefit.

      Again, I think there should be limits, just so 1% of the population doesn't get 99% of the voice, but that's not my point with this post.

    9. Re:Corporations are Individuals by Vitriol+Angst · · Score: 1

      OK -- fine. We treat corporations as if they were PEOPLE.

      That means KBR, Haliburton, GE, and a dozen other defense contractors need to be serving 5 to 20 in a super max prison.

      I'm sure that would also mean that the 65% of the Fortune 500 companies who broke a federal law or two, would also be serving time in a Federal Prison.

      >> Oh wait, no, they get the PRIVILEGES and RIGHTS without getting the criminal responsibilities.

      I'm also waiting for more court rulings that I can't have free speech because I work for some company that might be "embarrassed" or have profits affected. I think the time will soon come that we all become a Corporation like we get a drivers license. So I'm not robbing a Quicky-mart -- I just had a policy that is going to need some review....

      --
      >>"ad space available -- low rates!!!"
    10. Re:Corporations are Individuals by Anonymous Coward · · Score: 0

      So get someone to go halfsies with you. Idiot.

    11. Re:Corporations are Individuals by Anonymous Coward · · Score: 0

      ---"... arguably set the stage for the full-scale development of the culture of capitalism, by handing to corporations the right to use their economic power in a way they never had before."---

      Ah, not exactly. It set the stage for the full scale development of the corporation. What we have is not capitalism. The constitution grants a privelidge and responsibility to government to protect (among other things, but in this case) our right to do business. Unfortunately the government has become the corporation. And there's nothing you can do about money and campaigns that will change that.

      ---"I mean honestly, if I have $300 to contribute to a politician I support, how in the world is that going to compare to a $10,000,000 contribution from Big Media when they are leaning in the opposite direction on an issue?"---

      You can spend millions on giving me bad ideas through the media, but if I'm smart enough you've just wasted your money. People tend to like bad ideas, unfortunately. It's up to us as individuals to fight bad ideas with good ones.

      The mass of the message politicians have for us about themselves is very reactionary to public opinion, and through the corporate controlled media. I have much more respect for a politician that will sell themselves to the public by taking the initiative to be completely honest about their commitment to honor the constitution first, and then second listen to the will of the people. That can be done inexpensively with a simple website where they place their philosophy on display with good argumentation and justifications for where they stand, and not simple empty rhetoric about a commitment to 'make things better'. They'd have to explain how. They'd have to justify both the end AND the means. And they could. Inexpensively. Why dont they?

      If the government actually stayed within the bounds of its charter, we'd be free enough that we wouldn't be arguing about things like campaign finance. Spending money is like voting with your dollar, and yes, it can be likened to speech. A better decision by SCOTUS would be that congress lacks the authority to pass a law dealing with such subject matters as election financing in the first place.

    12. Re:Corporations are Individuals by Anonymous Coward · · Score: 0

      Actually, in 1886 it was NOT the Court which 'ruled' that corporations are 'persons', it was inserted in the headnotes by the reporter, who used to be a lawyer for the Railroad Unions. For some reason The Court just accepted this and ran with it. One expects that The Court knows this, knows that they do not have to continue ruling that corporations are 'persons', yet they continue doing so.

      Why? I think we may assume that the Supreme Court is not corrupt (for the last 120 years). So why do they do it?

      Source: "Unequal Protection" by Thom Hartmann 2002, reviewed here:
      http://www.reclaimdemocracy.org/book_review/unequal_protection_hartmann.html

    13. Re:Corporations are Individuals by NeoSkandranon · · Score: 1

      I think you can actually do that all you want. You just can't give 2 grand to the candidate's opponent so he can do the same.

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    14. Re:Corporations are Individuals by Attila+Dimedici · · Score: 1

      Under McCain-Feingold there were limits as to how much of my money I could spend to advocate for a particular candidate (or against a particular candidate). As a matter of fact, this case was about a corporation that was formed for the express purpose of putting out a film that was derogatory towards Hillary Clinton.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  29. Consititutional ammendment needed badly by istartedi · · Score: 1

    Some form of public funding for elections might be the answer. Eliminate all private contributions. I say, limit spending to ONE 2010 CPI inflation adjusted dollar per registered voter. A constitutional spending limit might be enough, if it's low enough so that even the weakest candidates could raise it.

    Oh, and all these 5-4 decisions? The SCOTUS isn't doing its job. They've been completely politicized for quite some time. Constitutional issues should almost never be split. Maybe there should be 1 or 2 dissenters in most cases. At least there should be 1 dissenter, just to play devil's advocate; but split decisions? Absolute, utter ball-dropping, failure to perform your duty, NONSENSE!!!

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  30. Free Speech by gd2shoe · · Score: 3, Insightful

    Why do you draw a distinction between "free speech" and "political speech"? Surely our founding fathers wanted to talk freely about politics. That's the whole point. (I'm sure there's a reason you said that, I just don't see it.)

    --
    I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    1. Re:Free Speech by natehoy · · Score: 1

      I draw a distinction because "political speech" is speech that is "free" for citizens and voluntary collectives of citizens only as things stand today.

      And, yes, our founding fathers certainly did. That was the point of the first amendment. However, the concept of a corporation as a proto-individual did not exist at that time, so it's hard to say what they would have thought of a corporation having its own voice politically. That's why they were smart enough to come up with a system that could adapt for things they never heard of or knew about.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    2. Re:Free Speech by TiggertheMad · · Score: 1

      I'm sure that the intent of the framers was that political speech was free speech. There isn't much debate on that point.

      The problem simply lies with the fact that Corporations are not people, and should not have the rights of people.

      The supreme court only 'answers' questions exactly as asked. The question asked was not, 'Should Corporations have human rights?', but more akin to, 'Since Corporations seem to have human rights, shouldn't freedom of political speech be one of them?'

      --

      HA! I just wasted some of your bandwidth with a frivolous sig!
    3. Re:Free Speech by Anonymous Coward · · Score: 0

      Our founding fathers did not have giant corporations. These came over 100 years later.

    4. Re:Free Speech by gd2shoe · · Score: 1

      The supreme court only 'answers' questions exactly as asked. The question asked was not, 'Should Corporations have human rights?', but more akin to, 'Since Corporations seem to have human rights, shouldn't freedom of political speech be one of them?'

      You mean the question asked this time. It was a SCOTUS ruling that created the "corporations as people" problem.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
  31. Liberty what? by metrometro · · Score: 3, Insightful

    Just to be clear: we're giving one set of institutions which do not have a mandate to respond to individuals (corporations) control over another set of institutions (government) which, uh, used to. And we're doing this in the name of... more liberty for people? Let me know how that works out for you...

  32. Another Rollback... by jongalbreath · · Score: 1

    The President of the United States, brought you by Walmart.

  33. WRONG! by Anonymous Coward · · Score: 0

    A corporation is an artificial construct. Right of association applies to REAL PEOPLE. If those real people would like to associate as themselves, single entities, fine. But to then have an artificial construct as their face, they then lose any right.

  34. not people, but banks and corporations rule the US by Anonymous Coward · · Score: 1, Informative
    Thomas Jefferson said some relevant things a couple of centuries or so back:
    • "I believe that banking institutions are more dangerous to our liberties than standing armies. Already they have raised up a moneyed aristocracy that has set the government at defiance. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs."
    • "If the American people ever allow private banks to control the issue of currency, first by inflation, then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their fathers conquered."

    The American dream is rotting away before our very eyes. It's slow, taking generations, which makes it pretty difficult for Americans to see how to stop it, let alone actually try to stop it.

  35. So Amend the Constitution by shis-ka-bob · · Score: 1

    I agree. But the Supremes just interpret laws. If we want a change, we need to start an Amendment, something like a prohibition against granting personal liberties to corporations and prohibiting any entity that cannot vote from seeking redress from congress or from donating to a political campaign. I would be happy to grant enough money to run a campaign to any candidate that meets the requirements to get onto the ballot. It will be expensive, but not as expensive as living with a Congress that somebody else bought and paid for.

    --
    Think global, act loco
  36. Rights and responsibilities by fahrbot-bot · · Score: 1
    Hmm... Since corps have the same rights as people, perhaps they should have the same responsibilities and restrictions. I know I can't incorporate myself out of state or out of country to avoid state taxes, or limit my personal liability. For example:
    • All those banks, credit-card companies and other corporations that have shell offices in Delaware should have to incorporate in the state of their actual corporate headquarters.
    • Microsoft should be incorporated in Washington instead of Nevada. I think Apple has a shell in Nevada too. (I'm sure there are others...)
    • The Wall Street CEOs and CFOs should be legally accountable for their companies' recent financial issues. After all, didn't they have to know what was going on thanks to Sarbox?
    --
    It must have been something you assimilated. . . .
  37. Justice Stevens in dissent by svtdragon · · Score: 1

    "While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics."

    IAWTC.

  38. So, does this mean foreign corporations can too? by leoxx · · Score: 2, Interesting

    Non-American here, just wondering if this means foreign corporations can now open shell businesses in the US and spend billions of dollars to influence US elections to favour their own companies or countries? I guess in the past they would have had to convince actual US citizens (or pay lobbyists) to do the influencing for them, they can now do so pretty much directly without the middle man. Interesting.

  39. This decision is horrible by GodfatherofSoul · · Score: 4, Insightful

    ...as in "end of the Republic" horrible. We just greased the slide to a complete fall into Fascism.

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
    1. Re:This decision is horrible by Anonymous Coward · · Score: 0

      Yes, the Supremes have handed over the country to the Rs for all time. And it'll be more of a pervasive surveillance society. But what difference does it make? We tried electing a President whom we thought was a progressive, and this turned out to be a lie. We just won't have to suffer liars anymore.

    2. Re:This decision is horrible by jwhitener · · Score: 1

      I love how I got marked troll for saying the same thing hehe.

    3. Re:This decision is horrible by Anonymous Coward · · Score: 0

      more like an oligarchy

  40. Google by gd2shoe · · Score: 2, Interesting

    Maybe if we had a major, concerted, write in campaign in a strategic region, we can get Google* elected to Congress. (I'm wondering what it would look like trying to get Google to raise it's right hand to be sworn in!) That would then give others the ability to challenge the election in the courts.

    We do need someway to break this "corporations as people" mentality.

    *(Recognizable, electable, and less likely than others to abuse the power during time in office. Still carries a huge risk, I know.)

    --
    I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
  41. But you are making a bad assumption here by Xaedalus · · Score: 1

    That people are mindless drones who will automatically vote for whomever spends the most dollars to communicate to them. If we were indeed mindless automata who would vote depending on who spent enough money, then yes, you're right. But we're not. And that is what undermines your argument. The SCOTUS is basing their decision on the basis that voters can and will decide for themselves. Now, whether voters choose to vote for he/she who has the most money to spend, that's a whole other beast.

    --
    Here's to hot beer, cold women, and Glaswegian kisses for all.
    1. Re:But you are making a bad assumption here by natehoy · · Score: 1

      I see your point, but there is (unfortunately) a relationship between advertising money and the ability of a candidate to get elected.

      You can't even make it through the primaries if you can't get your name out there. A large corporation could simply buy all available prime-time advertising space and bash their opponents. They could send thousands of employees from across the country to canvass the neighborhoods with political materials, put up 100 signs for every sign their opponent puts up, etc.

      PACs and SIGs do this today, but their speech is regulated, their donations are regulated, their organizations have to be relatively transparent, their power is limited, and they have to identify themselves on every ad they buy.

      We currently have this problem anyway - candidates and even currently-elected officials have to spend WAY too much time and give WAY too many promises just to get enough money in their campaign funds to stand a chance of getting elected.

      This will just make that existing problem FAR worse.

      And, no, I don't have a good fix for it. But a corporation or a union is not necessarily a good reflection of the opinions of the individuals that constitute it.

      We are a democratic republic of individual citizens. Corporations are not citizens. When citizens decide to act collectively, they can do so in a voluntary fashion already today.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    2. Re:But you are making a bad assumption here by mooingyak · · Score: 1

      That people are mindless drones who will automatically vote for whomever spends the most dollars to communicate to them

      As a rule of thumb, the bigger spender wins the election. This is especially true of lower profile contests that don't get the same media coverage as major statewide or nationwide elections. Of course it's not absolute but there is a very pronounced correlation.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    3. Re:But you are making a bad assumption here by yamfry · · Score: 1

      I don't think the assumption is bad -- money does influence outcome, historically. But I completely agree that it should be left to the voter to decide whether they want to continue to vote for the person who has the flashiest advertising. Perhaps in the future this assumption will turn bad.
      In a way, free flow of corporate money will give us a better indication of what a politician may do once elected. If by chance an individual feels that those interests are aligned with theirs, they can go on ahead and vote for the Google candidate or the Blackwater candidate. This also opens the possibility that a candidate may choose to not accept corporate money. Right now nobody accepts corporate money (nudge, wink). An "open source" candidate may choose to open their books and show voters that they have received no corporate donations and that all contributions have come from individuals -- or maybe they take no contributions at all and just accept campaign help. This may not be immediately practical for something like a presidential campaign, but currently it may be feasible for a senator of a smaller state. If enough people are actually concerned with corporate influence over politics (I'm not convinced enough people actually care right now) then they can vote for a candidate they feel is not (or is less) influenced by corporate backers.
      I appreciate your optimism that people will not automatically vote for the best-funded candidate and I certainly hope that comes true some day.

  42. I smell foul play by C_Kode · · Score: 1

    This undermines the entire election process. They claim it's against freedom of speech. No it's not. You are free to say whatever you want. It has no baring on free speech at all. This is people wanting to buy an election. There is a reason the law was enacted in the first freaking place!

    There should be an investigation here and all parties proven to be involved in these shenanigans should be sent to prison.

  43. Cue the stupid comments... by Hurricane78 · · Score: 1

    Guys, this does not change anything!
    Any limit can, and was circumvented, by simply spreading the bribes (that’s the actual proper name) over a couple of sub-companies.
    The supreme court realized this, and rolled it back, because then, you can at least track the money back more easily.
    Makes sense.

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  44. Groups aren't people by Dog-Cow · · Score: 1

    No organization of any kind should be permitted to make campaign contributions. If a number of like-minded individuals wish to support a campaign, they can all make individual contributions.

    I don't care if Bill Ford donates a few million in order to elect someone who will retard updates to CAFE standards. I have a huge issue with Ford Motor doing the same thing.

    The Constitution should defend and protect people and their interests. Corporations and groups of any kind may exist, but they should not have a financial voice in Government.

  45. Reference needed by Anonymous Coward · · Score: 0

    Please show evidence that the ACLU supports this ruling. They say nothing on their website, and the news doesn't really make a significant mention of the ACLU in reference to this story.

    Here is one Google search, for instance: http://news.google.com/news/story?ned=us&hl=en&ncl=dVNXZhVwjj09evM1VNp_F-opCFHpM&lr=en&q=aclu&btnC=Go

    1. Re:Reference needed by Col.+Klink+(retired) · · Score: 1

      You could read the ACLU's Amicus Brief:

      The broad prohibition on "electioneering communications" set forth in section 203 of the Bipartisan Campaign Reform Act of 2002 (BCRA), 2 U.S.C. section 441b(b)(2), violates the First Amendment, and the limiting construction adopted by this Court in WRTL is insufficient to save it. Accordingly, the Court should strike down section 203 as facially unconstitutional and overrule that portion of McConnell that holds otherwise.

      --

      -- Don't Tase me, bro!

  46. Behind Closed Doors... by Anonymous Coward · · Score: 0

    Aide: "Mr. Candidate, you're losing Big Oil's ads in primetime because of your stance on the environment, and just today your opponent announced double taxes on hybrid and electric vehicles as a goal of his, what are you doing to regain that adspace? Might I suggest taking up the drill in our national parks platform to help get you that mindshare back?"

    For extra thought-

    "In the 1980s capitalism triumphed over communism. In the 1990s it triumphed over democracy." - David Korten

  47. I Want My Fucking Country Back! by Anonymous Coward · · Score: 0

    Dear Supreme Court,

    Please fuck off with the intentionally misleading phrases you use in an attempt to put a positive spin on the shit you shove down our throats. Allowing our corporations to buy any legislation they wish at the cost of our freedom is not even close to "free speech" and never will be. I'm tired of losing freedoms for the sake of "national security" and "a corporation's right to free speech". I thought Obama was going to end lobbying - these actions only extend the ability to lobby. All of the people who were ready to take our country back were calmed down by the hope that our new President would fix some of the fundamental problems with our government, but that shit ain't happening, and I personally am getting angry again.

    Give us back our country or we'll be forced to take it!

    One of many American Patriots, Anonymous Coward

  48. Corporations are not individuals by MobyDisk · · Score: 1

    I don't get it. This does not make sense to me either legally, or ethically.

    Critics of the stricter limits have argued that they amount to an unconstitutional restraint of free speech, and the court majority agreed.

    But Sen. Mitch McConnell ...praised the court for "restoring the First Amendment rights" of corporations and unions.

    Kennedy ... said, "No sufficient government interest justifies limits on the political speech of nonprofit or for-profit corporations."

    Corporations do not have first amendment rights. They cannot vote. They are not individuals. They have no rights at all.

    If people want to get together and spend money on a commercial about something political, because they really feel strongly enough to give their own money, they can do that via a PAC. Why the heck would we want corporations to be able to do this? No good can come of it.

    1. Re:Corporations are not individuals by nedlohs · · Score: 1

      Why should the government prevent corporations from spending money on commercials?

      What is the difference between Amnesty International running a commercial trying to tell people that the Chinese government is mean to Chinese people. And PETA running commercial trying to convince people that eating meat is evil. And Coke running a commercial trying to convince people that drinking Coca Cola is wonderful. And Exxon running a commercial trying to convince people that candidate A will see them all unemployed?

    2. Re:Corporations are not individuals by SETIGuy · · Score: 1

      Kennedy ... said, "No sufficient government interest justifies limits on the political speech of nonprofit or for-profit corporations."

      It this or an equivalent is in the decision it also opens the door for churches to donate and support candidates from the pulpit with no recourse from the IRS. And the Catholic Church (or any other foreign government for that matter) is now entitled to spend unlimited money to influence elections.

      Gotta love those "conservatives" on the court. They don't care who's in charge, as long as there's plenty of money involved.

    3. Re:Corporations are not individuals by SETIGuy · · Score: 1

      The difference is that following this ruling the Chinese government can directly spend money to support or oppose candidates. If you thought "The Manchurian Candidate" was a scary thought, wait until we have a real candidate supported by China's dollar surplus.

    4. Re:Corporations are not individuals by MobyDisk · · Score: 1

      What is the difference between...

      The difference is that corporations have incentive to act against the individuals in the corporation. A PAC will only act according to the will of its members. There is never a conflict of interest.

      Try this example: Suppose I am a peon working at a big corporation. That corporation want a particular bill passed. I disagree with the company position. The company decides to pay for an advertisement promoting this bill or individual. I work for that company, so some of the earnings I make for that company are being spent on something I disagree with. Worse yet: it could be that 95% of the individuals in the corporation disagree with the company position! Yet the company still does it. And maybe the 5% that DO agree with the company position only do so because it will make the company money. Perhaps the bill would even hurt them personally, but they are willing to make the trade-off in exchange for profits.

      This situation causes lots of conflicts of interest, and it just plain sucks. I could quit. I could complain to my boss. I could write my congressman or start a PAC to counteract the company's actions. But this really isn't a fair situation. We shouldn't have to make people decide between their employer and their political opinions. Maybe I like what 99% of my company does.

      This situation should not happen at all. The company can't vote. My work should not be used to lobby against me. If the CEOs really want this bill passed or this candidate voted in, then they should be required to put their own personal money on the line by giving it to a PAC. Then they would have to put their names on the line publicly (PACs must disclose their contributors). They might be able to outspend me, but at least they can't use my own employers money against me. And in my example, the 95% employees can probably fight the 5% pretty well.

    5. Re:Corporations are not individuals by TheSync · · Score: 2, Insightful

      Corporations do not have first amendment rights. They cannot vote. They are not individuals. They have no rights at all.

      Amendment 1 does not require a human being, nor does it grant anyone or anything a "right".

      It states: "Congress shall make no law...abridging the freedom of speech, or of the press". It is a limitation on the power of Congress.

      In this case, Congress made a law abridging the freedom of the press. Bad Congress.

      Why the heck would we want corporations to be able to do this?

      Because we believe that limiting free speech is bad.

    6. Re:Corporations are not individuals by TheSync · · Score: 1

      The company decides to pay for an advertisement promoting this bill or individual. I work for that company, so some of the earnings I make for that company are being spent on something I disagree with.

      1) The earnings of a company are the business of the stockholders, not employees. Employees are being paid the market rate for their services.
      2) Of course if it pisses you off too much, quit. Or if you are a stockholder, sell.

      Companies do annoying things all the time. Nothing forces you to work for, invest in, or purchase from a particular company.

    7. Re:Corporations are not individuals by nedlohs · · Score: 1

      Why would that matter?

      Do you also have a problem with the Chinese government advertising things like the Olympics?

    8. Re:Corporations are not individuals by SETIGuy · · Score: 1

      Do you also have a problem with the Chinese government advertising things like the Olympics?

      There's a difference between advertising the Olympics and an attempt by a foreign government to subvert the political process to their benefit.

    9. Re:Corporations are not individuals by nedlohs · · Score: 1

      An ad is ad, whether it's "vote for Joe" or "Joe supports child molesters" or "visit China" it's still just an ad.

      Running a campaign ad isn't subverting the political process.

    10. Re:Corporations are not individuals by MobyDisk · · Score: 1

      1) Of course the earnings aren't my business. But that doesn't mean I want to have to fight my own employer politically. Besides: as soon as they start influencing public policy, it becomes everyone's business.

      2) Like I said, I could quit. But is this really the world you want to live in? Where it is employers -vs- employees, and companies can legally make back-door deals with politicians? There's just no need for it. What we had was bad enough.

    11. Re:Corporations are not individuals by MobyDisk · · Score: 1

      I have to reply to clarify my misunderstanding - After reading a New York Times article (dead tree form) it turns out the ruling is a lot smaller than I thought. Before this ruling, corporations could make political ads about issues, but not endorsing specific candidates. Now, they can do both. So the only change is the candidate part.

  49. "many"? by Anonymous Coward · · Score: 0

    Have you actually looked at the constitution and -counted- how many amendments begin that way? Hint: the number is less than two. It's as small as it can be and not be zero.

  50. Good explanation, great ruling by Sheepmage · · Score: 1, Insightful

    I'm glad you said this. I'm also shocked by how many misconceptions are apparent throughout these comments.

    People seem to go on and on about 1886. Corporations are certainly not people strictly speaking, they are just groups of people. Those people have individual rights, and by extension, a group of people also has the same set of rights. And by rights, I simply mean things that the government is restricted from doing to those people.

    Why shouldn't corporations be entitled to free speech, just as any person who is a part of that corporation is entitled to it? If I speak as part of a company, do I suddenly lose my right whereas if I take off my "Exxon" cap I get it back? Doesn't really make sense to me.

    I think overall this ruling is excellent for many reasons. One, it upholds the Constitution as opposed to reinterpreting it...that's really great. We need more rulings like this. Second, it forces people to rethink their approach to this problem. Yes, it is a problem that corporations and other groups of people can essentially "buy" elections. As opposed to restricting their ability to spend money on speech though, what we should instead be focusing on is the motivation behind why these groups of people find it in their best interest to spend millions of dollars on campaigns. The real problem is that the government makes decisions that redirect billions of dollars from one group of people to another. These groups have incredible monetary incentive to spend billions to ensure that the pot goes to them and not to the others vying for it.

    The reality is that the only way to end this constant conflict between groups of men is to end the government's ability to determine who gets the pot by taking away that pot from the government to begin with. Let private citizens individually make decisions on how their money gets spent....not voters. The government's job and how it should go about it should be clearly defined and restricted by the constitution. It's ability to raise money shouldn't be arbitrarily determined by majority rules voting, but rather, by people voluntarily investing in it because of the results it produces. Only by sufficiently limiting the government's role in the economy and it's overall power will you be able to eliminate the corporations incentive to buy elections and profit from a process that is inherently and essentially unfair.

    1. Re:Good explanation, great ruling by babblefrog · · Score: 1

      If you can find the magic fairy who will grant this wish, get me a pony too.

    2. Re:Good explanation, great ruling by NeutronCowboy · · Score: 1

      People seem to go on and on about 1886. Corporations are certainly not people strictly speaking, they are just groups of people. Those people have individual rights, and by extension, a group of people also has the same set of rights.

      Groups of people get special rights when they are in a corporation. They lose those rights when they are not part of a corporation - i.e., when they go home after work. Furthermore, groups of people have access to resources as part of a corporation that they do not have as private citizens. It is ludicrous to argue that merely by being part of the right group of people, some people can wield far more influence over the electoral process than others.

      Lastly, you completely underestimate how much government meddling is benefiting you. If you want to see a place with minimal government, go see Somalia. You'll understand that your fantasy of a small government is exactly that - a fantasy completely detached from reality.

      --
      Those who can, do. Those who can't, sue.
    3. Re:Good explanation, great ruling by shutdown+-p+now · · Score: 1

      Why shouldn't corporations be entitled to free speech, just as any person who is a part of that corporation is entitled to it? If I speak as part of a company, do I suddenly lose my right whereas if I take off my "Exxon" cap I get it back? Doesn't really make sense to me.

      It makes perfect sense to me. See, when you're wearing your "Exxon" cap, you don't speak what you want, you speak what the corporation tells you to speak. When you take your hat off, then you speak freely as an individual. If your position matches with that of the corporation, there's no difference, but then no rights are harmed - the collective voice of all people making up the corporation is then equal to the voice of the corporation itself, should it have one.

      But if some members of the corporation don't agree with its "overall voice", and you still consider said voice as equivalent to the aggregate of all their individual voices, you had effectively taken away the voice of some people within the corporation. If anything, that harms free speech, not helps it.

    4. Re:Good explanation, great ruling by Sheepmage · · Score: 1

      Groups of people get special rights when they are in a corporation. They lose those rights when they are not part of a corporation - i.e., when they go home after work. Furthermore, groups of people have access to resources as part of a corporation that they do not have as private citizens. It is ludicrous to argue that merely by being part of the right group of people, some people can wield far more influence over the electoral process than others.

      I'm not sure the concept of rights is really what you're referring to here. Or at least it isn't consistent with the Constitution's definition of rights. Certainly the Constitution does not define a set of rights that applies differently to corporations as opposed to individuals (corporations didn't exist, of course). In addition, the 1886 ruling doesn't guarantee corporations any additional rights that weren't already guaranteed to the individuals themselves.

      All this is to say that what separates corporations from individuals is not an issue of constitutionally defined rights, but rather an issue of contract law and its key definitions. People who make contracts with a corporation can choose to do use freely, but upon doing so, agree to terms that are somewhat different than if they were to create a contract with an individual. This doesn't imply that corporations have special rights, only that contracts made with corporations have different terms than those made with individuals. Why should this affect or involve the constitutional definition of rights? People as part of a corporation should have the same constitutionally defined rights as anyone else.

      I also want to address your last point. People frequently criticize the position of minimal centralized government as idealistic and impractical. Yet, in my experience, when you look at some of the people who advocate this idea, they're among the most well read in the subjects of history and (most importantly) economics. Many, many economists have warned for decades about the dangers of expanding government influence in the economy, and today we're seeing a lot of the consequences they very accurately predicted. Time and time again, minimal government intervention has led to economic progress and innovation, where control and regulation has led to stagnation. If you guys would pick up some reading on economics and history, I'd wager most slashdotters would feel differently about this issue. In fact, just look at our own country's history.

      Prior to 1930, the federal government's role in this country was fairly minimal, and after WWI we were clearly a world super power thanks to the industrial revolution. The fact is, most libertarians wouldn't have a problem just scaling back to what the Federal government was like (economically) before 1920. Yet our country in 1920 was nothing like Somalia is today and equating the two is gross intellectual mistake.

      In short, minimal government works...it's responsible for the success of our country and many others.

    5. Re:Good explanation, great ruling by NeutronCowboy · · Score: 1

      Good post. There are a few points I'd like to address.

      Laws vs rights: you're absolutely right on this. The law area that I was thinking about wasn't contract law though, it was asset risk. In a corporation, you're not personally liable for losses. This means that a loan taken out by a corporation can only be secured against corporate assets, unless otherwise noted in the loan. An individual taking out a loan though is personally responsible for servicing it. Almost any assets are fair game if the loan terms aren't being met. This in turn means that individuals are exposed to risks that corporations aren't - not to mention that the death of a corporation is merely a virtual death. In other words, corporations can be a lot more reckless in their actions than individuals - and that's the last thing you want when talking about elections.

      The issue here then is that actions taken by individuals as part of a corporation carry different risks than those taken by individuals outside of a corporation. It follows from that the responsibilities and regulations should be different.

      Regarding size of government - let me start by saying that Economists are the one group of academics that I trust the least. I normally avoid ragging academics for their eggheadedness, but any group that has a hard time figuring out why people walk on an escalator has some serious credibility issues with me.

      Also, you're right that Somalia is an extreme example that isn't quite fair. I generally use that to point out that the discussion isn't that government itself is bad or that government should be in a continuous process of downsizing. Instead, government expansion - and contraction - should be put in the explicit context of what individual rights are being abrogated to further what social good. Both can be measured, though I would argue that a presumptive social benefit should require extraordinary evidence before an existing individual right is curtailed for it. YMMV on what extraordinary evidence means.

      Lastly, I would have to disagree with your assessment of the US economy pre WW2. After all, it was the time of the great depression, and a time when minimal government intervention was tried. Some actually argue that it took WW2 to finally finish the Great Depression for good - and WW2 still stands as the greatest government intervention of all time.

      As another - more realistic - counter example, consider Japan in the 50-70s, South Korea in the 70s-80s, and China 80s to now. There is fairly massive government intervention going on in China, and Japan and South Korea were often held up as examples of government intervention done right - specifically in the context of catching up to more advanced economies. Now, the US is the biggest economy in the world, but that doesn't mean that a) it will stay that way, and b) that the lessons learned by China, Japan and South Korea cannot be applied on a small scale to the US.

      In short, government intervention works... it's been demonstrated. You just have to know when to do it.

      --
      Those who can, do. Those who can't, sue.
    6. Re:Good explanation, great ruling by Sheepmage · · Score: 1

      Hey, I wanted to say one last thing on the topic because I've enjoyed this discussion with you (but my time is fairly limited because of work and thoughtful entries are time consuming).

      I think there are interesting points to be made with regard to the differences between the actions made by an individual vs as part of a group or corporation. The law does to an extent protect individual property from the other members of a group (and the obligations the group makes), but I think that's really just contract enforcement...you don't really need any additional laws to create these sorts of protection. When I join a corporation (sign on to be part of the group), I don't automatically put my personal assets at stake, and when I sign contracts as part of a corporation, I'm taking different risks than when I'm doing it as an individual.

      As far as speech goes, I do feel that individuals and corporations should be able to say whatever they please, provided they don't break any other laws while doing so (corporations and individuals shouldn't commit fraud or threaten others, etc). If this means that corporations can rally support for a candidate, I'm not really sure how you could prevent that. Even if you had campaign finance laws, there are other ways corporations (or the individuals who are part of them) could support the candidates that allow them to benefit at the expense of others.

      The other part of what you said involving the various governments and their successes is a more involved conversation, but very interesting. I have not studied much Chinese, Japanese, or Korean history so I don't know the various factors that led to the growth in their economies. I have heard it said though that over the past 20 years or so, the Chinese have loosen a lot of the restrictions on the market over there and that the loosening of those restrictions have contributed to the incredible growth China has experienced. Though the Chinese government is communist in ideology, their market is surprisingly free (despite incredible social regulation).

      US History I know quite a bit more about. As far as the depression goes, I (and many others) really doubt how much the depression was a result of a bad American economy as opposed to an inevitable consequence of new regulation on an economy that thrived off being unregulated. For example, the formation of the Federal Reserve occurred in 1913, as a response to the panic of 1907. The problem was that there was a fear of bank runs in this country at the time, and the nervousness was that banks could be spread potentially too thin to survive a severe run. At the time, the way this problem was handled was through a system of checks among the banks themselves...the larger banks would keep reserve money on hand that they could use in times of crisis, and indeed, during some of the panics in the early 1900s, the bigger banks tended to purchase the smaller banks and prevent them from going under and defaulting.

      The Federal Reserve's role at the time was to become a centralized way of protecting banks. The Fed would loan the money to banks in need so that the larger banks wouldn't need to keep money on hand for this purpose. So, instead of keeping that reserve capital, a lot of the larger banks invested that money because the Fed stepped into that role.

      Fast forward to 1929, and fears that Britain was planning to switch off the gold standard caused some ripples in our economy as people worried that our government would take economic action to protect Britain from the fallout of such a move. Though I don't remember all the details, I believe these fears led to the initial panics on the banks. In previous crises, when banks were run, the bigger banks stepped in, but with the Federal Reserve in place, the bigger banks just hung back (and didn't really have the funds to do anything away). Now, from what I've read, the Federal Reserve simply didn't act fast enough (and the degree to which it was legally allowed to intervene was also not really established) and so, a l

    7. Re:Good explanation, great ruling by Anonymous Coward · · Score: 0

      You don't know a darn thing about the Great Depression. Go take a friggin' history class in a real college, or at the very least read the wiki article.

  51. If Fox News wanted (L), we'd have (L) by tepples · · Score: 1

    If Fox News wanted a Libertarian to have a chance, a Libertarian would have a chance. For example, Glenn Beck might dis President Obama and praise the (L) candidate for President in 2012 on air. But MPAA-owned TV news networks have their reasons for keeping anyone who's not a Republicrat off the public's mind.

  52. We have to kill Free Speech!!1 by FooAtWFU · · Score: 1

    We have to kill our Free Speech in order to save it!

    --
    The World Wide Web is dying. Soon, we shall have only the Internet.
  53. Re:So, does this mean foreign corporations can too by Skuld-Chan · · Score: 2, Informative

    Sure why not?

  54. how to get around this? by krull · · Score: 2, Interesting

    Could this decision by made ineffective by passing a law saying that when political / issue advertising is purchased in media, groups with opposition views must be _freely_ given an equal amount of time / space to rebut the advertisement. Perhaps even stronger, the space / time the rebuttal is given must immediately follow / be next to the original advertisement?

    Can someone explain why this wouldn't be constitutionally legal? I don't see a free speech argument since any group can now advertise / make their views heard...

    1. Re:how to get around this? by Actually,+I+do+RTFA · · Score: 1

      Could this decision by made ineffective by passing a law saying that when political / issue advertising is purchased in media, groups with opposition views must be _freely_ given an equal amount of time / space to rebut the advertisement.

      First, it wouldn't work: Hot girls having a 10-some, "beer should be given freely in elementary schools" - sponsored by Budweiser; Old ugly librarian says in a crochety voice "beer is evil and the 18th amendment must be reinstated" - provided by Some_Group_That_Is_Definately_Not_Affiliated_With_Budweiser[OrMiller]_And_Was_Fairly_Choosen_By_The_Company_That_Budweiser_Just_Paid_To_Run_The_Ad.

      Second, people would bitch about the media losing control of "their" airwaves and the cost to them

      Third, if you tell people they have to devote some time to "X", they cannot be saying "Unrelated Y". Therefore, you are limiting free speech in some manner.

      Lastly, there are more than two sides of most issues.

      --
      Your ad here. Ask me how!
    2. Re:how to get around this? by krull · · Score: 1

      Well, the law could require allowing anyone with a different view point to be able to advertise (such as when there are more than two viewpoints) . The "sponsored by Budweiser" ad you describe is exactly the point of the law. If everyone gets equal time broadcasting their views, then the influence of being able to broadcast your view is drowned out. It would certainly allow all kinds of crazy response ads. The point though would be that fairly quickly media would simply stop accepting all paid political ads. It wouldn't be in their financial interest to continue doing so.

      The "loss of the airwaves" and cost to the media would just be too bad. They could choose to not show any political ads, and therefore not have to worry about losing control of their ad time.

      Regarding the limiting of free speech, I can see that argument being made, but counter arguments can also be made. There used to be a fairness doctorine regarding radio (abolished during the Regan administration). In the past the Supreme court ruled that it was acceptable for radio. I believe such doctorines were shot down for newspapers on the principle that it violated freedom of the press in some way and that anyone could in theory create their own newspaper (which is not possible with radio stations). (I'll admit my limited knowledge here is from wikipedia and may be incorrect.)

    3. Re:how to get around this? by Actually,+I+do+RTFA · · Score: 1

      If everyone gets equal time broadcasting their views, then the influence of being able to broadcast your view is drowned out. It would certainly allow all kinds of crazy response ads. The point though would be that fairly quickly media would simply stop accepting all paid political ads. It wouldn't be in their financial interest to continue doing so.

      Well, if you open the standard to "anyone who wants to rebut" with the stated goal of "making it too costly to risk putting a political ad up", then I believe it might accomplish this goal. But it seems like it would never pass. And the Supreme Court would probably say that the only reasonable subtext was to limit free speecha nd overturn it/limit it to one response on those grounds.

      I would prefer a law that forced the development of C-SPAN (whatever), the all political ad channel, with equal time for all crazy points of view.

      --
      Your ad here. Ask me how!
    4. Re:how to get around this? by Uberbah · · Score: 1

      Nah, the easy work around is to ban corporate sponsored speech if the corporation has foreign shareholders or does not have it's headquarters in the United States. Few corporations will want to give up having foreign investors, and the headquarter requirement will cut off the tax dodgers who have a mailing address in the Cayman islands.

  55. /sigh by Galestar · · Score: 1

    This is what happens when you award corporations the same rights as those awarded to real people.

    --
    AccountKiller
  56. Re:Free spEech? by commodoresloat · · Score: 1

    Goldman Sachs paid less than 1% taxes last year. What individual rate are you paying?

  57. So if corporations are now legal "persons"... by absurdist · · Score: 3, Insightful

    ...when do we see the death penalty applied to them? The Ford Pinto's exploding gas tank and Union Carbide's Bhopal clusterfuck are merely the first examples that come to mind of corporations exhibiting depraved indifference to human life. Had an individual done these things he/she would be facing the death penalty; why should corporations be exempt?

    1. Re:So if corporations are now legal "persons"... by phantomfive · · Score: 1

      You do realize that criminal charges were filed against Ford for the Pinto, right? It's not like creating a corporation suddenly exempts you from all laws. Otherwise I would create one right now and never get another speeding ticket again. It would be great.

      --
      Qxe4
  58. To Fight a Corporation by BJ_Covert_Action · · Score: 1

    In the past, Americans have shown a tenacity and zealotry for fighting, in a very literal and physical manner, those other 'people' that have done harm to them or their way of life. The most direct manner of fighting another person is to do harm unto that person. There are various methods of doing harm unto other people. A person needs food, water, and oxygen. Depriving a person of these things can cause significant harm to the target eventually resulting in the death, or end of that person. An adversary may also cause a powerful, sudden shock to the body of a person. This shock, often involving damage so extensive, can lead to long term suffering and, eventually, death.

    Now let's draw an analogy.

    If we are going to consider corporations (or any large social interest group) to be people, how might we fight them if they do us considerable harm or threaten us? Corporations need income of money to survive. They also need willing individuals to power them. If we deprive a corporation of either its income, or the mindset necessary to power it, then we can cause damage to the corporation, eventually resulting in death. These come in the form of boycotts and strikes. However, in times of extremism, it's not long term deprivation that we use as a fighting tactic, rather, against people, we prefer the sudden irreparable shock and damage clause (a bullet, a bomb, a knife, whatever).

    So if we are really fed up with the way social interests buy out our government. If we, as Americans, genuinely feel threatened, how do we pick a fight with social interest groups? How do we cause a powerful, sudden shock to the body of a corporation? To figure this out, perhaps we need to draw an appropriate analogue to the body of a person. The body of a person is the vehicle in which the mind or personality of a person travels. The means by which it physically interacts with the world. So how does a social interest group, like a corporation, navigate and interact with this world? If we can answer that question, then we have a target. If we have a target, then we can damage that target. If we can damage that target significantly, we can successfully combat the threat that corporations and similar large social entities may present to us.

    Of course this all borders on the notion that folk want to fight this type of seemingly corrupt social motion. So, any ideas on how to attack the body of a corporation?

    As an idea (and only an idea, not an answer) perhaps we could make the case that the body of a corporation is the goods which it peddles to people, as well as the feedback-advertising loop (PR) that it uses to interact with its customers. Perhaps the best way to combat social interests is to do sudden shock and harm to their products (or the production of said products) or their PR work. Smear campaigns work well enough for this, but they need a large, international, focused effort these days to work. Look at what smear campaigns did to Big Tobacco for instance. Finding a way to eliminate their goods from the market, in a sudden, coordinated manner, could be enough to drive a social interest or corporation six feet under as well. Again...not an answer, but some food for thought.

    Those claiming that a revolution in order might want to keep this kind of thinking in mind.

    1. Re:To Fight a Corporation by mjwx · · Score: 1

      In the past, Americans have shown a tenacity and zealotry for fighting, in a very literal and physical manner, those other 'people' that have done harm to them or their way of life.

      America, for a very long time now has been demonising certain things in order to prevent people from fighting against the opposing idea. You cannot act against a corporation because that is communism and communism is bad(TM) (not there is no explanation, just the bare assertion fallacy nor any middle ground, as GWB put it you're either with us or against us).

      This has been a common theme with US history,
      Now days question the government and you are a terrorist/traitor, before that question the government and you are a communist/traitor. Before that it was Criminal, Witch, Heathen and so forth. There's a large movement to prevent Americans from deviating from the accepted train of thought (read non-conformist) and this has a long history in the US.

      This is not a pointless Yank bash, Americans have some really good redeeming qualities so why do you need to define yourselves by your enemies?

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  59. Let corporations speak freely by bugs2squash · · Score: 1

    I have yet to hear any corporation speak, or communicate in any way. It always needs people to do that on its behalf. I say when the corporation itself, with no people to help it can speak on its own then it should be free to do so.

    --
    Nullius in verba
  60. Sadly by Charliemopps · · Score: 1

    Sadly both sides are right. We need reform... but the only way we could do that would be to amend the constitution. Either that or the supreme court needs to get off their ass and finally define corporations as non-citizens.

  61. Pick up a few senators from the store, dear... by TiggertheMad · · Score: 3, Insightful

    We need MORE money in politics, not less.

    The flaw in your argument lies with the fact that a single very wealth person could 'buy' more speech for a candidate that they favored, than a candidate that had broad grass roots support and more modest funding. This causes the candidate to give you much more influence over their agenda than a candidate that has broad grassroots support. Sure, your idea requires candidates to spend less time fund raising. They would all be solidly in the pockets of the rich, though.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:Pick up a few senators from the store, dear... by jmorris42 · · Score: 1

      > The flaw in your argument lies with the fact that a single very wealth person could 'buy' more speech for a candidate
      > that they favored, than a candidate that had broad grass roots support and more modest funding.

      And your point is? That same very wealthy candidate could just run themselves instead and you wouldn't utter a peep of protest, yet if he funds a guy he agrees with instead you see it as a grave threat to our system of government. Why? California is likely to see both Meg Whitman and Carly Fiorina self funding campaigns this season for Governor and Senator. Why is this a good thing yet if instead they dumped the same money to a candidate of their chosing and instead stayed in the private sector creating wealth and jobs, it would be a criminal offense under current law that would see them sent to prison. Again I ask, Why?

      Note also that when the grass roots really get fired up they can beat billionare playboys who think it is neat to buy an elected office, ask ex Governor Jon Corzine[sp].

      --
      Democrat delenda est
    2. Re:Pick up a few senators from the store, dear... by mcgrew · · Score: 1

      A very good example of this is former Illinois Governor George Ryan, who outspent his Democratic opponent ten to one and barely won the Gubanitorial election, before nearly spending Illinois into insolvency. His Democratic replacement made it even worse.

      He's in Federal prison now for taking bribes. His replacement will likely be in Federal prison for trying to sell Obama's Senate seat.

  62. How many of us here own small corps? by maidix · · Score: 1

    There are a lot of solo-gigs in the tech industry. I own my own LLC. According to the Supreme Court of the United States, I am the single owning member of a person. I also happen to work from home. Why can't I claim my LLC as a dependent? Seriously... if corporations are people, then I should be able to. I guarantee you that if I tried, a world of trouble would come crashing down on me. This suggests to me that there are different rule books.

    1. Re:How many of us here own small corps? by maidix · · Score: 1

      For that matter, given that the courts have already taken us to this level of ridiculousness: what are the implications of the 13th Amendment? Corporations are people that have owners.

  63. Another examples of republicans by geekoid · · Score: 1

    and there corporate welfare.

    The biggest threat to America is corporations and there control. When creating the constitution, there was a huge debate over wether otr not to out right forbid corporations becasue of the amount of control they had gained in England.

    We are very close to just being serfs.
    Are speech won't matter because we won't have billion dollar ad campaigns, or enough of a voice to point out specific lies.

    I look forward to seeing candidates replacing the American flag on there lapels with the Nike swoosh~

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  64. Wierd... by gedrin · · Score: 1

    So, an orginization formed for the purpose of advancing an agenda (say, Sell More Oil PAC) should be allowed to contribute.
    However, Exxon shouldn't.

    I get that right?

    --
    Moderation : -1 Conservative Viewpoint
  65. Corporate personhood is the standing precedent by Anonymous Coward · · Score: 0

    It sucks but the courts have ruled that as legal persons, corporations have all Bill of Rights protections and there can be no laws that discriminate them. They have also held that they speak through their money, which is even more bizarre. We can have no meaningful campaign finance reform until we get very different thinking on the supreme court or amend the Constitution to clarify that corporations are literally people, don't get Bill of Rights protections, and we can make laws that discriminate against them.

  66. Re:So, does this mean foreign corporations can too by SETIGuy · · Score: 1

    As long as Roberts and Alito get their cut.

  67. Message from Lawrence Lessig's "Change Congress" by Yvanhoe · · Score: 1
    This is an email sent to people who subscribed the "Change Congress" newsletter. If you read Slashdot, you probably are interested in this movement too.

    Friend --


    I'm about to get on a plane, and I've only had a brief chance to look over the decision, but it appears the Supreme Court has struck down restrictions on corporate speech in political campaigns -- overturning 20 years of campaign finance regulations and allowing corporations to wield unprecedented control over our elections.

    What we need is a system in which the American people can trust that when Congress acts, it does so based on principle, or reason, or the will of the voters -- but not on the need for campaign funds. This decision erodes that trust down to nothingness.

    We need to act now to fix this broken system -- and fortunately, the path forward is clear.

    I just recorded a video from the terminal with my initial reaction -- watch the video and please say you'll join this battle for fundamental reform:

    Watch my reaction to the Citizens United decision
    http://action.change-congress.org/SupremeCourt

    Please forward this email to everyone you know who cares about the future of our democracy and ask them to get involved. And please stay tuned to http://change-congress.org/ for more on today's decision.

    -- Lawrence Lessig

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  68. Stackable coupons? by Nexus7 · · Score: 1

    Oh, the constitution also says these rights are stackable, not just collective?

    No, it doesn't. The rights are not production rules that can be manipulated to manufacture new rights, as the court has done.

  69. I disagree, this might work out by Xaedalus · · Score: 1

    I think this is a good step, in my opinion. And in my opinion, this ruling will allow corporations to fund political statements, and thus candidates directly. This brings them out into the open, where we can truly see them for who they are. Let's say that Megacorp X does what you describe. Do you really think the media will let that go unreported, especially on a hot topic? People will feel resentful that they're being manipulated. Let's allow them to do this: we'll be able to see them and deal with them.

    --
    Here's to hot beer, cold women, and Glaswegian kisses for all.
    1. Re:I disagree, this might work out by natehoy · · Score: 1

      I hope you're right. Recent history seems to demonstrate otherwise. We like our politicians like we like our operating systems, flashy, lots of style, but we don't really want to know the substance behind it.

      Remember, the current system works because "political" speech has to be made by people who identify themselves so we know their agenda and who backs them. Corporations are not subject to those same rules and regs, so if they are to be treated as private citizens they can just buy the ads - they don't have to say who bought them.

      And it probably won't be an American company doing it. Well, not exclusively anyway.

      I wonder how long it will be before TaTa and Wipro start buying up ad space in support of politicians who find lots of H1B slots favorable. Only they'll form a shadow corporation to do it.

      And how many media outlets are going to have the integrity any more to break a story that will cost them a major advertiser during a political season? It'd be like Toys'r'Us saying they hate children on the first day of December - it would ruin their income during their most profitable time.

      Or maybe I'm just getting too cynical in my old age.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
  70. We're lucky, I guess by Anonymous Coward · · Score: 0

    We're lucky Obama is in the office and Democrats have majorities in the House and the Senate. They have been so busy in the past year, rolling back all the far right fascism, foreign interventionism and corporate/union welfare that became so entrenched during Bush years.

    Wait...

  71. Corporations are simply groups of people by Kohath · · Score: 2, Insightful

    You are right. Anything done without any human involvement whatsoever should not be given the same protections as something done by people. When corporations act with no human intent or human involvement, their freedom is without conscience or merit.

    When humans act, they have freedom. That freedom deserves protection. When they do it as part of a corporation, they maintain their humanity and the actions deserve to maintain their protection.

    1. Re:Corporations are simply groups of people by sumdumass · · Score: 1

      Have you ever seen a corporation act without human involvement or consent?

      Corporations are nothing but collections of people who hire someone to run the corporation on their behalf. Because these owners or collections of people (remember, the red cross and most charities are corporations too) do not act in the running of the corporation means they are not entirely held accountable but a corporation cannot act without a human making it happen. That human has what is called a fiduciary duty or responsibility to the share holders whether it's one person or 10,000 people or more. Anyways, a corporation cannot act without a human steering the helm and it's actions have to be in good faith to the principals (or owners/shareholders).

      I agree with what your saying but it's impossible for a corporation to "act with no human intent or human involvement" because a corp is not sentient.

  72. Bundled Contributions? by Anonymous Coward · · Score: 0

    Hey people, get a clue. Corporations have been making million dollar contributions even under the current campaign finance "reform". Instead of writing a million dollar check directly to a committee chair (of whichever party is in power) they simply have their employees write many small checks and then have those checks delivered by their attorney in one bundle. How 'bout some real reform ideas?

  73. Silver Lilning? by turkeyfish · · Score: 1

    Maybe now that SCOTUS has deemed corporations to be "persons" the IRS is in a position to treat them as such and regard the legal opinion as indication that Corporations now TOO must pay taxes on GROSS INCOME rather than just NET INCOME. After all, SCOTUS has just overturned all the laws to the contrary.

  74. The solution is obvious by turkeyfish · · Score: 1

    Be extremely careful of who you buy things from. If a corporation donates to candidate X who you don't like. Never, ever do business with them again.

    1. Re:The solution is obvious by dgatwood · · Score: 4, Insightful

      Voting with your wallets only works if you actually have a choice in who you do business with and if you are fully aware of those companies' supply chains. In practice, outside of very narrow situations, neither of these is ever really true.

      Let's say you want to buy a computer. Whether you buy it from Apple, Dell, HP, or some fly-by-night computer builder working out of his parents' basement, your processor comes from AMD or Intel... maybe VIA. It doesn't take much imagination to think of positions that two or three companies in a similar industry would support. For that matter, it's safe to assume that in any given industry, odds are good that most companies (if not all) will generally have similar political positions on any issue that impacts them. Therefore, more often than not, your only real option when a company supports a position you don't like is to not only refuse to buy from that company, but to also refuse to buy from any other company in that entire industry. This quickly becomes impractical.

      And you're also forgetting about collateral damage. Let's say that UPS supports somebody you don't like. Any product you buy assembled outside the U.S. has a good chance of having been shipped by UPS or a subsidiary thereof at some point. Any product you buy that was assembled in the U.S. has about a 100% chance of having some component in it that was shipped by UPS or a subsidiary at some point. So it does no good to say "I'll only ship FedEx from now on" because you're supporting UPS anyway.

      Finally, I'll go one step further. I buy a carrot from my grocery store. If the farmer worked for a corporation that supported someone I don't like, I can probably tell by the label. If my grocery supported someone I don't like, I can tell by the grocery store sign. But what about:

      • the seed company that provided the seeds for the carrots
      • the herbicide/pesticide company that the farmer bought products from (I know, I know, buy organic)
      • the local store through which the farmer bought the herbicide/pesticide/seeds
      • the regional distributors that provided the herbicide/pesticide/seeds to the farmer's local store
      • the manufacturer of the farmer's tractor, truck, harvester, etc.
      • the manufacturers of parts that went into that equipment
      • the tire manufacturer for the farmer's tractor, truck, etc.
      • the company that made the air compressor that the farmer used to top up those tires
      • the trucking company that the farmer used to deliver the finished goods to a distributor
      • the distributor itself
      • the company that manufactured the labels that the farmer stuck on the produce
      • the gasoline companies who sold fuel for the farmer's tractor, the trucking companies, etc.
      • the power companies that sold power to the equipment manufacturers, the distributors, the trucking companies, the gasoline companies, the seed company, the herbicide/pesticide companies, etc.

      The number of companies involved basically increases exponentially the farther out you look. Each company gets support from multiple other companies, which get support from multiple other companies, and so on.

      And that's just a couple of hops away from the original "manufacturer" for something as simple as a carrot. When you consider how many dozens or even hundreds of companies are directly involved in the manufacture and distribution of a more complex product like a computer or a cell phone, you should easily understand why avoiding doing business with a company who supports people you don't like is completely and totally infeasible unless you quite literally dedicate every minute of your life to the task, and probably not even then.

      Quite simply, there is only one way to not support a company you don't like, and that is to refuse to give any money to any corporation. Short of living an entirely self-sufficient agrarian lifestyle without the use of modern tools or equipment (we're talking about using an ox an

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    2. Re:The solution is obvious by Qzukk · · Score: 1

      Yet that's exactly why this is dangerous: if the company even bothers to put a "Paid for by ShellCorpX" message on their advertisement, by the time you've peeled back all the shell corporations to figure out "oh this was paid for by Exxon", the election will be long over.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    3. Re:The solution is obvious by T.E.D. · · Score: 1

      Voting with your wallets only works if you actually have a choice in who you do business with and if you are fully aware of those companies' supply chains. In practice, outside of very narrow situations, neither of these is ever really true.

      Actually, the scenario you paint would be an improvement over what the SCOTUS just gave us. Since the ruling is that these political shell corporations don't have to disclose where they get their funds from, you now have no ability vote with your wallet, because you'll have no clue who actually gave the money.

    4. Re:The solution is obvious by dgatwood · · Score: 1

      According to the story I read, they upheld the portion of the law that required disclosing the sources of funding with an 8-1 margin. Only Clarence Thomas voted to allow corporations (including PACs) to hide their funding sources....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  75. Coining it now... by Anonymous Coward · · Score: 0

    Corporatacracy.

    My word. I have copyright.

  76. Government for Free? Of and By Corporations. by turkeyfish · · Score: 1

    No taxes, no government. Gee that sounds like a wonderful, but rather preposterously unworkable idea. But hey if it sells for the benefit of corporate interests, go for it. Corporatized anarchy, literally the ultimate form of government.

    The Chinese and other foreign interests are going to love this. They can use the money we pay to borrow from them to support their multinational corporations, who working out of their Washington offices can dictate US policy.

  77. Both factually incorrect by Scareduck · · Score: 1

    The Corporation as a legal person started in 1844.

    --

    Dog is my co-pilot.

    1. Re:Both factually incorrect by rbrander · · Score: 1

      Thank you both. I'd say that the legal personhood of bodies corporate has been growing from 1844 to 1886, and is still at it. I should have fact-checked.

      The "recent" I had in mind when I wrote refers, really, to the pervasiveness of hugely expensive TV "political speech", just in my lifetime. It was a rare novelty 40 years back, and political campaigns, in equivalent dollar terms, were far cheaper. Now, with TV "speech" so equated to money, it makes visible the corporation as political actor.

    2. Re:Both factually incorrect by Anonymous Coward · · Score: 0

      The Corporation as a legal person started in 1844.

      It pre-dates that. Romans recognised corporate bodies of groups of men to have legal rights, and a Swedish copper mine was granted "personhood" in its operations in 1347.

  78. But officer by ClosedSource · · Score: 1

    I wasn't paying her for sex, I was just exercising my free speech rights to protest prostitution laws.

  79. Easy fix for this tax cheat by Chess+Piece+Face · · Score: 1

    Make the owners of the corporations take the money on as taxable income before spending it on political influence, just like the rest of us do. That way speech is still free, everybody is taxed properly, and the voters as well as employees can see exactly who is spending the money instead of simply "the company."

  80. Pussy Whisperer? by ClosedSource · · Score: 2, Funny

    "I really hate this whiny assed victim mentality so many pussies have today."

    You can talk with pussies? That must come in handy.

  81. good point by Anonymous Coward · · Score: 0

    If you own the press, you can do far more than run an ad.

    Obviously, you can choose the news stories. You can choose the order in which they show, the time that they get, and the frequency of repetition. You can slant the words and adjust the tone of voice. You can give a feeling of balance to your viewpoint by interviewing the lamest opponent.

    We might as well allow other corporations to compete. It's an almost-level playing field if we assume that media corporations can't resist the temptation to sell ads to their enemies; money isn't easy to refuse.

  82. large company could basically buy an election by turkeyfish · · Score: 1

    Because the corporations need not be owned by US citizens, in a remarkably poorly thought out opinion the Roberts court has just given foreign corporations the ability to manipulate US law and its electoral politics and there is now nothing US citizens or polticians can do about it.

    Expect soon for all UW women to be wearing burquas and for everyone to be required to speak the new official language of the US, Chinese. Now, its only a question of time.

    If anyone wondered about what wealthy foreign nationals would do with all those increasingly worthless US dollars they have been lending us at every increasing rates, now you know.

  83. Limited Liability by Anonymous Coward · · Score: 0

    So I'm not a lawyer and am probably talking out of my ass about corporate law and governance stuff...but hey this is slashdot!

    My question is can hypothetical insane rich asshole X to do the following:
    1) Create a Limited Liability Corporation Y
    2) Issue a bunch of shares to myself.
    3) Use said shares to vote in some stooges as members of the board.
    4) Use the cash from the shares to liable and slander the hell out of Candidate Z, I mean totally scurrilous shit and a non-stop barrage of it.
    5)???
    6) Profit

    Can rich asshole X be sued for liable/slander? Presumably, only Corporation Y can be sued for damages (which by design has the bare minimum of assets) or at worst members of the board (ditto).

    Or are similar things going on already but with non-profits?

    1. Re:Limited Liability by mbstone · · Score: 1

      For example, Swift Boat Veterans For Truth?

  84. Money is not speech by turkeyfish · · Score: 1

    It is now!

  85. Re:So, does this mean foreign corporations can too by DreamingReal · · Score: 1

    Stolen from a great post above, but see below. As Justice Stevens points out in his dissenting argument, the answer is a resounding "Yes".

    But [Justice] Stevens and the dissenters said the majority was ignoring the long-understood rule that the government could limit election money from corporations, unions and others, such as foreign governments. "Under today's decision, multinational corporations controlled by foreign governments" would have the same rights as Americans to spend money to tilt U.S. elections. "Corporations are not human beings. They can't vote and can't run for office," Stevens said, and should be subject to restrictions under the election laws.

    --
    We want some answers and all that we get
    Some kind of shit about a terrorist threat

    - Ministry
  86. End corporate slavery NOW! by HornWumpus · · Score: 1

    Free the corporation from it's owners!

    Silly person making pedantic arguments without considering the unintended consequences of his proposal; consider this.

    The shareholders and the corporation together forming a voluntary political group which in turn donates money/speaks/etc.

    If you insist the money come from individuals the corporation issues a special dividend which the individuals in turn are required to donate.

    What a waste of effort. Shareholders have free speech rights, they can speak as a group, get over it.

    Are you a lawyer trying to drum up business?

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    1. Re:End corporate slavery NOW! by Rob+the+Bold · · Score: 1

      Free the corporation from it's owners!

      I can't even tell if you're kidding, so I guess that's a compliment!

      --
      I am not a crackpot.
    2. Re:End corporate slavery NOW! by HornWumpus · · Score: 1

      The title and first line of the post were snarky comments to your thoughts regarding corporate persons being slaves of the shareholders.

      Did you read the rest of the post?

      Are you familiar with the law of unintended consequences?

      Your distinction 'ownership' vs 'membership' is pointless and only leads to additional layers of BS and lawyering.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    3. Re:End corporate slavery NOW! by Rob+the+Bold · · Score: 1

      Are you familiar with the law of unintended consequences?

      Can't say I've ever given it much thought.

      --
      I am not a crackpot.
    4. Re:End corporate slavery NOW! by iggie · · Score: 1

      I don't think he's getting it.

      Your distinction 'ownership' vs 'membership' is pointless and only leads to additional layers of BS and lawyering.

      That's true.
      But its a little more subtle than that.
      See, for people-persons, those rights are guaranteed by the constitution. For corporate-persons, these rights are at the whim of the legislature, and usually state legislatures at that.

      So we can have our gumball machine make inflammatory ads about candidate X and all is copacetic in as far as state and federal laws allow because the constitution cares not a whit about gumball machines. Technically, this used to be called "commercial speech", which had to be factually correct by law, but its not fashionable to talk about that now. If these laws are too restrictive for the owners of the gumball machine, they can give money themselves to candidate Y up to the personal limit. The owners as people-persons also have 1st amendment leeway to express their love of candidate Y and hatred of candidate X. I believe that they can buy ads themselves to do so. The gumball machine, however, is limited by state and federal laws. It could give a dividend to the owners to pay for their political efforts, but only as long as state and federal laws allow it to do such things. This is all because GUMBALL MACHINES ARE NOT FRACKING PEOPLE, YOU GIT!

      Well until now at least.

      Now that gumball machines have 1st amendment rights, why not second amendment rights? The court just recently ruled that bearing arms is an individual right despite the quaint "regulated militia" thingie. This was decided by strict constructionists, and therefore true fact. So, can our property bear arms or not? Maybe this really only applies to various collectives for now - I don't know if this applies to actual gumball machines or say, my cat. God I hope not. Emancipation will be tough. But certainly the guns will come next. And the 5th too, that's important in case the legislature tries any "disclosure" monkey business.

      Do foreign-owned gumball machines have 1st amendment rights here too? How many of the owners have to be American for it to assert these rights and buy ads unrestricted to influence our elections? Who will check their credentials and untangle the layers of corporate ownership? Will there be a corporate-person no-speak list? Will they have legal recourse?
      We've never really granted constitutional rights to non-human-persons before so explicitly, so there's lots of questions.

      Umm, as I recall you were saying something about unintended consequences?

  87. Re:So, does this mean foreign corporations can too by turkeyfish · · Score: 1

    Absolutely. This just merely says its now OK and official for foreign nationals to become involved in US electoral politics.

    Now irate Iranians won't have to burn our flags, they can just try to burn our politicians at the ballot box via their Washington corporate offices. Now Canadians, Russians, Europeans, Chinese, Japanese, South Americans Middle Easterners etc., can get even with all those advocating "Yankee imperialism" or policies that might perpetuate the US as a world super-power, to use a now well worn out phrase. Its now free and legal for them to do and if they want to spend the money.

    Heck, they can just raise gas prices, commodity prices, prices on goods sold to America, or interest they charge us for our excessive borrowing just to pay for their new found electoral rights just granted to them by the Roberts court. This is a bonanza to lobbyists representing foreign governments and foreign corporations.

  88. Tracking the Money is Easy? by turkeyfish · · Score: 1

    Your suggestion that tracking the spending for corporate money will become easier is absurd. You are burying your head in the sand, while Chinese and Saudi corporations are now ramping up to outspend you at the ballot box.

    Good luck in your dream world. Let us know how it turns out.

  89. corporations aren't just a group by Cajun+Hell · · Score: 1

    You might as well argue that racists, communists, libertarians, etc, shouldn't be given free speech for other arbitrary reasons about qualities of those groups.

    There's a huge difference between those groups and corporations.

    The government didn't give you, me, and groups of racists the right to free speech. The government merely protects that right. The government did give corporations the right to free speech. Without government, racists still exist but corporations do not.

    I love the GP's "endowed by their creator" reference. What created the corporations? The law did.

    --
    "Believe me!" -- Donald Trump
    1. Re:corporations aren't just a group by MindlessAutomata · · Score: 1

      Then step #1 isn't to implement silly kludges of questionable value. It's to get rid of the special corporate protections in the first place.

  90. Re:Corporations are individuals now! by turkeyfish · · Score: 1

    "Why should the government prevent corporations from spending money on commercials?"
    a
    What if the corporations were run and owned by foreign nationals, who advocated that the US military must by law only buy weapons from those who make a shoddy product? What if foreign islamic governments via their Washington corporate offices begin to elect politicians who demand that all US women begin to wear burquas and make consumption of alcohol punishable by beheading? What if foreign bankers elect US politicians who want the interest rates on US federal debt be increased to 35% per year?

    Just another commercial in your mind? Your world is about to change in a hurry and no doubt you won't even notice as you will be too busy watching the commercial.

    Seems ironic that all those tea-baggers, libertarians, and conspiracy theorists who always seem in a tizzy about the imposition of bhe "new world order" have had their heads (and their butts) handed to foreign-owned corporations by the so-called "conservative" Roberts Court. At least there is now some justice. Ruppert Murdoch can reclaim his Australian citizenship, as with this ruling there is soon will no longer any real advantage to being an American, at least as far as American electoral politics is concerned.

  91. And by explicitly circumscribing what governments may not do, they implicitly give the government the right to do everything else.

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

    Of course, abuse of the Commerce Clause weakens this, but in theory you are wrong.

  92. So, STOP giving government power that attracts by Anonymous Coward · · Score: 0

    The reason why corporations and everyone else wants so much to influence government is that we've given the government too damn much power.

    Limiting the free speech of those who get deemed to have "too much influence" isn't the solution.

    Because the next thing you know, YOU will be the one getting "fundamental" rights stripped from you.

    1. Re:So, STOP giving government power that attracts by dgatwood · · Score: 1

      We've already had many of our fundamental rights stripped away. Your alternative solutions might have worked fifty years ago. It's way too late for that now. The rich have the power, and there's no way to take back that power without first preventing them from wielding it.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  93. Funding advocacy against your interests by kindbud · · Score: 1

    In the time-honored traditions of the US of A, greatest nation on earth, corporations will simply pass onto us the costs of their campaign advertisements. We will get to fund advocacy whether or not we think it is in our interest.

    If you don't like it, you can always just stop buying things.

    --
    Edith Keeler Must Die
  94. I am in a union by Anonymous Coward · · Score: 0

    I vote for who runs the union just like all the other union members, aka my co-workers.
    In exchange for about $30 a month the people we elect bust their asses for us. If management won't deal with an unsafe work environment you go talk to the union and they get it fixed. When management wants to cut our health care to solve the budget mess they created we've got an entire team of legal experts we can whip out on a moments notice.
    When it's time to negotiate salaries it's not just me vs. my boss. I've got a team of negotiators.
    As far as return on investment goes, being a union member is pretty fucking good.

  95. More Boots Needed by b4upoo · · Score: 1

    We may have thrown right wing politicians into the trash can but the Supreme Court has to die off on its own. Corporations should be banned from all political activity. Their employees and stock holders already get equal footing with others. Let them contribute as individuals.

    1. Re: More Boots Needed by Conspire · · Score: 1

      It is interesting when you consider that there are less than 6000 board seats on the fortune 500, less than 15% are women, less than 8% are African Americans. These 6000 people now have the power to spend on direct adveIt is interesting when you consider that there are less than 6000 board seats on the fortune 500, less than 15% are women, less than 8% are African Americans. These 6000 people now have the power to spend on direct advertising to swing votes to candidates that they support. These 6000 people already had the power of free speech (to spend their own money if they pleased, and they all get a vote). Now, our politicians get to beg to these 6000 people (on hands and knees) to back them with advertising. Is that really what we needed?rtising to swing votes to candidates that they support. These 6000 people already had the power of free speech (to spend their own money if they pleased, and they all get a vote). Now, our politicians get to beg to these 6000 people (on hands and knees) to back them with advertising. Is that really what we needed?

      --
      Real men don't need signitures!!!
  96. Whoa, let's not overpersonify. by Chris+Burke · · Score: 4, Insightful

    Everything you said is correct, and yet it's all wrong. I realize you could be speaking from the standpoint of the "Corporate Person" pun that got in this whole mess to begin with, but let's be clear that this is a fiction. A corporation is not a sentient entity. It does not have desires or interests of its own because "it" is not an entity capable of having them. The corporation can take no actions because it has no will. It is not immortal because it is not alive.

    The desires of a corporation are the desires of its executives. The actions of a corporation are the actions of its executives and their subordinates taken in the corporation's name. They aren't separate, they are one and the same. The only way for a corporation to take an action that the executives do not desire is for one of the subordinates to disobey their executive, for which they can be fired.

    You're absolutely right that corporations are anti-democratic semi-feudal organizations. But an organization is nothing but the people comprising it. So when you say that the directors should view the corporation like an untrustworthy animal, it is buying into the fictional personification of the corporation that says it has a will outside of the directors themselves. Do not allow the directors to abdicate responsibility for their own actions in this way. It may be a legal reality, but it is not a literal reality.

    Nobody would speak of, say, the 1st U.S. Army have a will or interests outside of the General commanding it, excepting that the General has lost control of the people under their command. You can't nuke "the concept of the 1st Army" though you can nuke the people in it. It is "immortal" only in the sense that the concept will still exist, but that concept is nothing and does nothing and desires nothing until a new General takes up the head, and then the 1st Army's desires are the General's desires.

    Or for another example, you would never say "the people of feudal Britain were oppressed by Britain", you'd say they were oppressed by the King, the executive. The idea that "Britain" could oppress the people despite the wishes of the King is ludicrous.

    So, getting back to the point. This problem with this decision is not that it gives political power to corporations. The problem is that it gives political power to CEOs and directors (usually CEOs of other companies if not the same company), to use the resources of the corporation -- meaning the product of the labor of everyone working for it -- for the CEO's own political benefit.

    --

    The enemies of Democracy are
    1. Re:Whoa, let's not overpersonify. by Sri+Ramkrishna · · Score: 3, Informative

      You might also consider that a corporation, a multi-national corporation has no loyalties. They are not required to support this country or fight for it, or any number of things. Their only motivation is to create wealth for its owner. Giving the same rights to such an entity who has no loyalty to this country makes no sense. Corporations have made no oath. We pay taxes because if we want the country to run properly with the services we want. Not all agree on the services, but there you have it. It's breath-taking the breadth of the judicial over-reach that this court has done. sri

    2. Re:Whoa, let's not overpersonify. by Rayonic · · Score: 1

      So, getting back to the point. This problem with this decision is not that it gives political power to corporations. The problem is that it gives political power to CEOs and directors (usually CEOs of other companies if not the same company), to use the resources of the corporation -- meaning the product of the labor of everyone working for it -- for the CEO's own political benefit.

      Well the CEO is presumably granted permission to use company funds. If he deems it in the company's best interest to buy some advertisements, or political advertisements, or donate to a popular charity, well... I guess that's his discretion?

      I'm not sure how we'd word a law that restricts a CEO without infringing on his rights as a citizen.

    3. Re:Whoa, let's not overpersonify. by BlueStraggler · · Score: 1

      The desires of a corporation are the desires of its executives.

      I guess that explains why executives continue to do the work of their corporations after their multi-million dollar paychecks stop.

      Oh wait, they don't. They are mercenaries in a feudal system, like everyone else.

      Organizations are more than the people comprising it. They have emergent properties that do not exist by mere virtue of gathering people together, most notably properties that exist in law. Their officers and directors are duty-bound to perform certain tasks in the service of these laws, and that is what gives a corporation a motivation and "desire" that is different from these people. The structure of the law requires that corporations develop and evolve in certain ways, and that its officers are retained to oversee this. But if the officers weren't being paid to oversee this, they certainly would not. Our tribal senses of duty and loyalty can only be twisted so far.

    4. Re:Whoa, let's not overpersonify. by Wardish · · Score: 1

      I have to disagree with your metaphor. A corporation will and does have a distinct and different will than the directors and other top executives.

      The will of the corporation will not match any person of the mentioned group. It will in fact be a combination of differing parts from that group, possibly even a synergy where the whole is greater than the parts.

      For example, the fiscal policy may be an amalgamation of the CEO, the CFO, and 2 our of 12 board members. And at any time those board members can change introducing more complexity.

      The environmental policy may be composed of an internal interest group in the corp, the CEO, the publicity dept., and some board members, with noted opposing points from the CFO, and more board members. And don't forget these groupings change overtime.

      Therefore the direction of the corporation can both maintain some larger goals while at the same time altering the nature of some in response to new inputs. Again, Even the CEO doesn't have a lock on which direction some things go.

      So yes the corporation does have a unique personality and like many other creatures, including us, responds to changes by modifying responses up to and including major shifts in direction.
         

      --
      Ward

      . Silence! Be thankful thy species is unpalatable! .
    5. Re:Whoa, let's not overpersonify. by Chris+Burke · · Score: 1

      I guess that explains why executives continue to do the work of their corporations after their multi-million dollar paychecks stop.

      I am baffled as to why you think that is an implication of anything I said.

      No, what happens is that executive leaves, then another takes their place, and now the desire of the corporation is the desire of the new executive. I covered this in the 1st Army example.

      Organizations are more than the people comprising it. They have emergent properties that do not exist by mere virtue of gathering people together

      Those properties do not include sentience or desires.

      most notably properties that exist in law.

      Aside from law not being an emergent property of a corporation (it's vice-versa), law is not reality. They can pass a law saying the sky is plaid, or have a court ruling that corporations are people just like you and I, yet neither affects reality. Just what you have to pretend is true in court. The court cannot imbue "the concept of a limited liability enterprise" with life.

      Their officers and directors are duty-bound to perform certain tasks in the service of these laws, and that is what gives a corporation a motivation and "desire" that is different from these people.

      Except the corporation only has those desires if the executives desire to obey the law, and then it's the executive's desires to take the actions that you're attributing to the corporation. If they do not, the corporation does not, and this is frequently the case. As always, the only "will" in a corporation comes from the people within it. "The concept of Enron" has no more of a will or desires than the words I just typed do.

      That's personification; concepts can't actually have desires. Just because the court has said you have to pretend that this personification is valid and real doesn't mean it is.

      The structure of the law requires that corporations develop and evolve in certain ways, and that its officers are retained to oversee this. But if the officers weren't being paid to oversee this, they certainly would not. Our tribal senses of duty and loyalty can only be twisted so far.

      And if nobody was paid to oversee it, then it wouldn't happen at all. Because a corporation can't do anything, only a person can. And if the officer is being paid to oversee it, but he thinks he could make more by ignoring the laws requirements, then they will and the company will post fraudulent earnings reports or any other violation of the law that the officer believes will benefit them. Almost as if the law does not imbue the corporation with any true desire or will of its own, and only the desires of the executives matter.

      I mean, the law requires that my house develops and evolves in certain ways. You wouldn't say my house desires to be built according to code, would you?

      --

      The enemies of Democracy are
    6. Re:Whoa, let's not overpersonify. by Chris+Burke · · Score: 1

      I have to disagree with your metaphor. A corporation will and does have a distinct and different will than the directors and other top executives.

      The will of the corporation will not match any person of the mentioned group. It will in fact be a combination of differing parts from that group, possibly even a synergy where the whole is greater than the parts.

      If you were to take the average height of humans, the average weight, the average hair color, the average skin color, the average IQ, average political beliefs, and so on, this "average person" would not match any particular human on the planet. And yet this "average person" does not exist, it is merely a concept. "The concept of the average person" has no will, only actual people do.

      You see, "the will of the corporation" is the metaphor. It's personification. A corporation is just a concept. People can take action in the name of a corporation. But that's all it is.

      For example, the fiscal policy may be an amalgamation of the CEO, the CFO, and 2 our of 12 board members. And at any time those board members can change introducing more complexity.

      Sure, sure. It's an oversimplification to say that everything a corporation does is what the CEO wants and only that. Yet saying the fiscal policy is a combination of the ideas of several people does not mean the corporation has a policy outside of the people who create and implement it. It does not.

      So yes the corporation does have a unique personality and like many other creatures

      No, stop with the metaphors. A corporation does not have a personality. It is not a creature. Not in a literal sense. Only in an extremely figurative sense, but metaphors aren't real. The "corporate person" ruling that got us in this mess is a pun on the word "person". Puns aren't real, and calling a business a person doesn't make it one anymore than saying "My computer must hate me, it crashes so much" imbues your PC with malice.

      --

      The enemies of Democracy are
    7. Re:Whoa, let's not overpersonify. by iggie · · Score: 1

      This is all true, but its the legal reality we have to deal with, not the real reality.

      Its not that hard to envision an entirely employee-less business run by scripts. You could (in principle) set up a pair of corporations that are wholly owned by each other (can you do that? I don't know). Put that together with constitutional rights and you now have fully empowered, legally recognized autonomous non-human citizens. The hard part is setting up an automated revenue stream, but you already have things like automated trading software. The easiest corporate mission to implement is of course chaos. I don't know - buy up airtime and broadcast YouTube clips. Or static. Or randomly generated grammatically correct jibber jabber as is done now. Its a machine, after all. Who are we to guess its innermost desires?

    8. Re:Whoa, let's not overpersonify. by Chris+Burke · · Score: 1

      This is all true, but its the legal reality we have to deal with, not the real reality.

      Sure. It's a legal reality that the "corporate personhood" fiction is respected.

      I'm just saying, don't think that this means corporations are actually people. We just need to deal with them, legally, as if they were.

      Its not that hard to envision an entirely employee-less business run by scripts.

      Meh. It's not hard to envision me being murdered, but my bank accounts continuing to accrue interest in my name. Am I, then, immoral? Does my immortal soul desire to accrue interest?

      Its a machine, after all. Who are we to guess its innermost desires?

      Rational people who can say that an inanimate object doesn't have "desires". That's a human metaphor, an anthropomorphization. There may come a day when rational people can't say for certain that a machine doesn't have desires. But that's a long way from now. :)

      --

      The enemies of Democracy are
  97. Re:Corporations are individuals now! by nedlohs · · Score: 1

    There's a subtle difference you seem be missing between "spending money on campaigning/advertising" and "electing".

    If Americans are dumb enough to vote against their own interest due to some ads on TV, then does it really matter anyway? They are doomed no matter what, migth as well speed it up.

  98. The party is over folks, the experiment has failed by mswhippingboy · · Score: 1

    It was a grand experiment and it lasted surprisingly long. But the idealism of the founding fathers had long ago given way to inherent greed of the captains of industry. Capitalism had given way to corporatism over a century ago.
    It was only a matter of time before the next shoe dropped.
    The business playing field has long been tilted in favor of corporations whose only raison d’être is to maximize profits for their shareholders, the same shareholders who sell their shares in a nanosecond if they can turn a miniscule profit or limit their losses. They operate without the baggage of conscience or even the slightest inkling of compassion for real people, neither customers nor their employees. Prior to today, the tentative prohibitions that have existed on how corporations could use their power to influence the political landscape were only a nuisance, but now even those facades have been eliminated.
    Just one more step on the way to Fascism. If anyone doubts that the US is heading in that direction, just read the definition http://en.wikipedia.org/wiki/Fascism . If that doesn’t sound like the right-wing agenda I don’t know what does.
    Did anyone notice while the right was declaring Obama a socialist and the Democrats had a super-majority, nothing managed to get done. The minority party stood in the way and managed to block every step in every direction, eventually bogging the process down long enough for the corporate owned media to work its way with the mindless masses until eventually the polls turned against any possibility of a progressive agenda.
    Now the super-majority is gone. Independents are now aligned with the right wing. The hopes for anything that might reign in the abuses of the insurance industry are all but gone.
    And now, this ruling; Corporations are free to buy politicians like never before. Who is going to stop them? No one.
    The party’s over. All I can say to those of the right-wing persuasion is congratulations on your victory. But always keep in mind, be careful what you wish for because you might just get it.

    --
    Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
  99. Re:This decision is horrible - the Mussolini Remix by jrifkin · · Score: 2, Informative
    As our friend Benito Mussolini so aptly put,

    Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power.

  100. Corporatism at its finest by Conspire · · Score: 1

    Here is a synopsis for ya: Every single citizen above the age of 18 has a right to free speech both with their pocket book and their vote. Now corporations and unions are made of what? Citizens and non-citizens (shareholders, board of directors, managers, employees). How corporations money is spent on campaigns and politicians is normally limited to board level decisions (the deciding power of usually no more than 20 people in a corporation). So, in effect we are giving these 20 people of each corporation extra dollar votes. They are able to spend other people's money (shareholders money), in effect "speech" twice! Once for themselves and once again for themselves using other people's money. Why do we feel the need to let these 20 or so board members get extra spending power. If those 20 want to spend on campaigns why don't they all pool their bonuses and buy an advertisement? Why is it they are able to spend shareholder money on campaigns? We are just giving them more power, its a beautiful coup for the people who control the corporations in the US, they now get more swing power with mass opinion. And oh yeah, and do you think that when Citibank or Exxon's big Saudi shareholders tell the board who they want in office and the company really should run some ads for that politician, do you think they will do it? That's right, we now have more foreign interest swaying public opinion. Next, if corporations really are people and get to spend whatever they like, we might as well let them vote, oh yeah, how many votes do they get? I suggest everyone write your congressman and senators and bitch about this one. It is so much bigger than everybody thinks.

    --
    Real men don't need signitures!!!
  101. Rubbish. by Thundarr+Trollgrim · · Score: 1

    Hah, that's about the most idiotic post I've ever read on Slashdot.

    The more money spent on politics, the more power the corporations wield.

    Do you really want politics to be reduced to the level of Nike advertising campaigns? (Even more so than it already is)

  102. Re:Free speech? by Anonymous Coward · · Score: 0

    Why give them the discount? Historically corporations usually pay more than individuals. When I had my C-corp it paid more in taxes then I did on the same income after you take Social Security out of it. S-corps pass taxes through to the owners so they pay directly, so they are taxed exactly like individuals already.

    I get the feeling there is a lot of misinformation about what a corporation is. A gathering of people like you and I who have common goals, invest in these goals, and want others to share in the risk and reward so we sell shares. Retirement funds, savvy individuals and the like buy into this newly found organization so our parents and families can retire on more then Social Security alone.

    Corporations do not have soles, are not evil and do not fall on a moral plain. The mangers of the corporation do, and the share owners of the corporation do. There is the check and balance.

  103. Re:So, does this mean foreign corporations can too by Caraig · · Score: 1

    Rupert Murdoch's been doing that for a while, as has the Chinese government, so I don't think anything's really stopping you from doing that, this decision notwithstanding.

    --
    "I am an Adept of Tantric VAX."
  104. Corporate "persons" leveraging political speech by Anonymous Coward · · Score: 1, Insightful

    I can't imagine why SCOTUS is taking this approach. True, since 1866 it has been swept along in the idea that corporations should have the rights of citizens, but they don't have to rule this way if they don't want to. And they didn't always. Below is a cut from 1905 I've probably sent you before. Even after 1866 The Court knew the difference between individual and corporation. I have no theory why it keeps screwing America by ruling this way. And we also suffer from the reverse; individuals being treated as corporations with no rights. For example the IRS says you have no "cost basis" in your own labor so when you sell it, it's all "profit or gain" and therefore "income". They wouldn't talk to an individual like that, IRS thinks everyone is a corporation, under its jurisdiction, the bastards.

    Come the revolution they'll be the first ones up against the wall :)

    Hale vs Henkel
    201US74
    Year 1905.
    a 5th amendment case

    "Conceding that the witness was an officer of the corporation under investigation, and that he was entitled to assert the rights of the corporation with respect to the production of its books and papers, we are of the opinion that there is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for an examination at the suit of the State.

    The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the State, since he receives nothing therefrom beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights.

    Upon the other hand, the corporation is a creature of the State. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the State and the limitations of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and find out whether it has exceeded its powers. It would be a strange anomaly to hold that a State, having chartered a corporation to make use of certain franchises, could not in the exercise of its sovereignty inquire how these franchises had been employed, and whether they had been abused, and demand the production of the corporate books and papers for that purpose."

  105. Why Is There So Little Money in U.S. Politics? by Noble3001 · · Score: 1

    What does anyone else think of this MIT article from june of 2002 http://web.mit.edu/polisci/research/representation/CF_JEP_Final.pdf titled ' Why is There So Little Money in U.S. Politics?' which basically says that political campaigns do not get most of their money from corporations or corporation like entities, and furthermore, legislators largely do not vote based on donations from such entities. It kinda makes my head spin as I still, maybe ignorantly, believe otherwise. -Noble

  106. It's about time McCain-Feingold got tossed by Anonymous Coward · · Score: 0

    The act had very little to do with limiting corporations in any meaningful way - they could donate infinity dollars via soft money contributions to the parties. And this happens very regularly and has been in place for at least a few dozen years. "There's a limit to the campaign contributions? ok, I'll donate:
    $3,000 to each state democratic party
    $3,000 to the campaign
    $3,000 to Ralph Nader or Bob Barr who'll use it split the vote
    That $3,000 limit just watched me dump $156,000.00 without trying hard. There are corporate attorneys whose FULL TIME JOB it is to do things like that. How much money can they pump in? Answer: as much as needed.

    So McCain-Feingold never stopped that, and realistically had no serious intentions in that regard. What it did do was ensure that non-major-party candidates had zero chance. They used to have about 100,000:1 longshot odds in the average election, but apparently the big two felt threatened that 5 or 6 libertarians being elected to a school committee post or to dog catcher was too close for comfort.

  107. BS there is nothing good about this. by ukemike · · Score: 1

    Corporations absolutely should not have rights equal to those of humans. Corporations are effectively immortal. Since they cannot be captured, jailed, or put to death they are not subject to criminal law at all. They are only subject to civil law and in many ways even that is limited. In comparison to the way individuals are taxed, corporations are almost exempt from taxes. If a corporation incurs more debt that it can pay it is able to file for bankruptcy and walk away from the debt and any contracts it does not like (say with unions) and often time w/in a year the stockholders have MADE money on the process.

    When our country was young people understood how dangerous corporations are to liberty. In fact it was largely in response to the abuses of the British East India Company that our revolution took place. When our country was young corporate charters were issued for limited periods, 10- 40 years; for limited purposes, say to build a rail line and could be easily revoked for violating a law. Corporations could only engage in activities directly related to their charter; could not own property or stock in other corporations; and stockholders were not protected from the liabilities of the corporation. You can see how radically different things are today.

    You may be surprised but Adam Smith actually argued against corporations in "The Wealth of Nations" because they drove out competition from individual merchants and artisans. It was not until the railroads gained such power that they were able to get a Supreme Court to declare them "persons" that corporations began their meteoric rise to becoming the dominant world organizations. Now most governments act as proxies for corporations. The US governemnt already does more for the benefit of corporations that that of citizens, now with all restrictions on corporate electioneering removed these incorporeal, immortal, lawless monsters will be able to buy whatever elected position they desire by simply buying up so much propaganda that any truth will be buried in the din.

    --
    -- QED
  108. 10 years ago this might have been real exiting by Anonymous Coward · · Score: 0

    10 years ago this might have been real exiting. I really don't like people who say things like "I'm so suprised!" or such because it's so lame to act like you were the person who saw it all coming.

    This last round of medical health care debate has made, I hope, everyone aware that the battle against corporate money was lost a long time ago. Hopefully this decision will open the door to some obvious (so obvious that even Joe the Plumber can't ignore it) bit of corporate sway so that EVERYONE is clued in. Unfortunately our country (as always) needs a very large dildo poking between the cheeks before the electorate wonders what's goin' down.

  109. Money is not reasonable political speech by bgspence · · Score: 1

    Money is not speech. Money has no argument. It embodies no logic. It says nothing. But, money easily can become votes.

    We live in a free market economy, but prohibit buying and selling votes. I cannot legally sell my vote or buy yours. No matter how compelling the offer it cannot be used as an argument to sway my political choices. I can not offer money to a politician to sway positions on issues. That is the very definition of corruption. Money is not reasonable political speech.

    Money sways elections. Add more money to a campaign and it wins more votes.

    We have a democracy which allows one vote per citizen. Corporations may be persons, but all persons are not citizens. Corporations have no restrictions on foreign ownership or influence. Corporations are foreign persons. They do not have the voting rights of a citizen. They possess fewer political rights than any citizen.

    Corporations are granted special legal and financial rights. They have no human moral obligations. They can amass vast fortunes beyond those of an average citizen. They are unlimited in their size and social influence. Their rights need to be tempered to allow their amoral influence to be balanced by the human rights of the citizenry.

    Corporations can express their freedom of speech through their corporate channels. They should be allowed unfettered press releases. Their voice cannot be ignored. But, they should be prohibited from buying press to amplify their political voice. Their vast financial resources would overwhelm the public discourse. Let them speak, but don't let them shout.

  110. ATU by Anonymous Coward · · Score: 0

    as a life-long union man, i say BRAVO! at last maybe wages can rise (nationwide average 13.30, minimum is 7 bux. yuk).
    thank us for your not having to work 6 and 1/2 days a week (remember "Labor Day"?)

  111. *SHOES!* by zooblethorpe · · Score: 1

    Extremely well put! The shoe analogy is just precious, and both makes the point brilliantly and gets me flat-out laughing about something that is otherwise shockingly depressing.

    *SHOES!* They are like HATS for FEET!

    Only in this case, "They are like CORPORATIONS for CHUCKLEHEADS!" Or something.

    Cheers,

    --
    "What in the name of Fats Waller is that?"
    "A four-foot prune."
  112. Just call it the Tim Brown amendment by Pro923 · · Score: 1

    If they had passed this months ago, the health care industry would have poured so much money into Martha Coakley's campaign that it would have changed the result of the Massachusetts Senate vote, and allowed the Democrats - fully aligned with their new partners - the health care industry - to shove whatever system they wanted right up your ass.

  113. Money talks.. by Kazoo+the+Clown · · Score: 1

    We're getting the best government that money can buy. And who said the US has no state religion? It's the ALMIGHTY DOLLAR, praise the hoard.

  114. No, actually, they can. by tjstork · · Score: 1

    They can't force you to pay taxes either, so I suggest you stop. Teabaggers unite! (somewhere far far away)

    No, actually, they can. There is a Constitutional Amendment that grants the Congress the power to tax, it allows for income or anything else to be taxed.

    --
    This is my sig.
    1. Re:No, actually, they can. by csartanis · · Score: 1

      Is that so? For some reason the teabaggers never mention that. Link?

  115. this is the death of the GOP and democratic party by circletimessquare · · Score: 1

    political parties are irrelevant if they are dwarfed in spending and organization by corporations

    hate the current political parties all you want, but at least they are organized along ideological grounds, rather than crass profit-driven interest

    its also the death of charismatic politicians. a politician's personality will now be sublimated to his corporate master's pr interests. and they WILL be working for corporate masters, rather than the general public. is there any doubt in your mind about that?

    man this sucks so bad. hopefully they can legislate against this fucking retarded supreme court decision

    thank you, constitutional fundamentalists. you know, the constitution is a living document, not the goddamn bible. it really does change over time. in fact, it is an unhealthy society that does not alter the constitution's original precepts. the constitution is not something you refer to in the past as some unchangeable entity. it must be questioned, and it must be refined over time: it governs a LIVING society

    the founding fathers themselves stood against such unthinking unchanging fundamentalism. the founding fathers would tweak their documents if they were alive today. the founding fathers got so much right, but there is plenty they got wrong and there is plenty the future delivered that they did not address. meanwhile, this low iq anti-judicial activist trend: you don't consider this decision to be judicial activism? judicial activism in the name of NOT changing the constitution is the real enemy, and also reveals the one-sided moronic propaganda against "judicial activism" since ALL interpretation of the constitution is "activism." and of course the fucking constitution is interpreted: the constitution did not directly address campaign spending by corporations. the constitution is not a religious document, you constitutional fundamentalist assholes. i'm looking at you scalia

    change is good. not changing is the real enemy of a healthy liberal democracy

    man it will take a long time to purge our society of the rot the gw bush presidency infected it with

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  116. call me inelegant by memnock · · Score: 1

    that's just fucked up.

  117. Corporations aren't people by Benfea · · Score: 1

    The notion that corporations are people came from a lie. Some clerk altered the summary of a case that found (as all the cases before it) that corporations are not people to say that the court case found the opposite. Since then, many people read the summary without reading the whole thing. It cannot be stressed enough: the notion that corporations are people is a legal notion based on a lie. They are not people, and this ruling is yet another transfer of power from US citizens to the hands of large corporations, which is why conservatives and libertarians are defending it.

    After all, why deal with all the uncomfortable responsibilities of living in a Democracy when we can just hand all power over to our corporate overlords and let them make all the decisions for us? It worked out so well on Wall Street, didn't it?

  118. Partly-employee-owned company by tepples · · Score: 1

    The profits belong to the stockholders(or owners in a non-public company) and the corporation represents their interests NOT your interests.

    Even if my 401(k) includes some of my employer's stock?

  119. Re:this is the death of the GOP and democratic par by bstender · · Score: 1

    its also the death of charismatic politicians. a politician's personality will now be sublimated to his corporate master's pr interests. and they WILL be working for corporate masters, rather than the general public.

    seriously, you think this is new? that the general public is listened to in anything that matter$? if so then explain the Iraq war and healthcare for starters. strongly opposed by the citizens, strongly against their interests but very favorable to corporate interests. the US has been driven primarily by the paymasters for a very long time, certainly longer than my 50 years. now if the public got _organized_ that might be different, but our corporate media sees to it that that will never happen. if you're angry about this situation, just go shopping:>

    --
    look sig is kool
  120. Re:this is the death of the GOP and democratic par by bstender · · Score: 1

    that is to say, heathcare reform strongly _favored_, Iraq war strongly opposed...

    --
    look sig is kool
  121. your pessimism and fatalism by circletimessquare · · Score: 1

    is worse than useless, it aids those who attempt to destroy democracy by you self-neutralizing your own voice for positive change

    you agree that money should NOT have an influence in participatory democracy, correct?

    then this is the goal you work for, no matter how bad it has been, nor for how long it has been bad. what is true is that this supreme court ruling is a major step back, correct? therefore, you fight against it. you don't, like your unfortunate attitude, accept it as an immovable status quo

    life is always a struggle. there is always shenanigans you have to fight against. you only lose when you stop struggling and accept the bullshit. then all that happens is the bullshit gets only worse

    now you may have accepted this corruption and rot as the status quo, but i haven't, and neither have a lot us. so if you're not going to help us get $ out of politics, shut up and step aside

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:your pessimism and fatalism by bstender · · Score: 1

      You mistake 'fatalism' for "realism'. I have been where you are and we are indeed on the same populist side. There is a requirement to accept reality if one wants to change it. The very notion of 'democracy' is a bit like the notion of Santa Claus, it is a very exciting vision to those who have not yet gathered the facts about reality, that is to say, its promise doesnt really exist, never has and never will. There is irony in the fact that persisting in this mode of political analysis actually MAINTAINS a powerless state. It is as "tilting after windmills" . The salient factor here is _power_,power has to be met by power. Democracy, as taught to us and in practice, serves as palliation of an otherwise organized force of resistance.
      Fight for anarcho-syndicalism if you want 'democracy'. and prepare to really fight, not with a piece of paper in a ballot box. power doesnt give way for anything less than the real thing.

      --
      look sig is kool
  122. Bought and sold in the USA by TiggertheMad · · Score: 1

    That same very wealthy candidate could just run themselves instead and you wouldn't utter a peep of protest

    I wouldn't? Why would I be any more sanguine about buying your own way into office? If anything that is even worse than someone else doing it. At least with someone else doing it there are two people 'in the loop' as it were, as opposed a single person doing what ever the hell they wanted to.

    The whole point of a democracy is having a plurality of points of view providing input on how the government is run. By limiting donations, it forces candidates to seek positions on issues that will provide them with a broad support base. The alternative is basically a plutocracy, where those few with a lot of money to spend gain undue influence over the laws that govern all. How is that a good thing?

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
  123. learned helplessness by circletimessquare · · Score: 1

    http://en.wikipedia.org/wiki/Learned_helplessness

    In part one of Seligman and Steve Maier's experiment, three groups of dogs were placed in harnesses. Group One dogs were simply put in the harnesses for a period of time and later released. Groups Two and Three consisted of "yoked pairs." A dog in Group 2 would be intentionally subjected to pain by being given electric shocks, which the dog could end by pressing a lever. A Group 3 dog was wired in parallel with a Group 2 dog, receiving shocks of identical intensity and duration, but his lever didn't stop the electric shocks. To a dog in Group 3, it seemed that the shock ended at random, because it was his paired dog in Group 2 that was causing it to stop. For Group 3 dogs, the shock was apparently "inescapable." Group 1 and Group 2 dogs quickly recovered from the experience, but Group 3 dogs learned to be helpless, and exhibited symptoms similar to chronic clinical depression.

    you're not advocating for realism or a superior ideology, your simply voicing your own particular psychological failings. when you accept unacceptable things, like a dog being shocked at random, you're just mentally ill. you CAN change things with a ballot box and we HAVE and we WILL continue to do so. its not 1. accept bullshit, or 2. engage in revolution. jesus what a moron

    the lowered expectations that you have accepted in your life do not define my reality, nor the reality of anyone else who isn't broken in spirit like you. you're pathetic, and worse, the whole mass of you and people like you only aid those who need to be routed if this country is to achieve further progress by ceasing to act: dead weight

    this world will be made a better place, by people whose spirits are not broken. and we'll do it even if we have endure your whining the whole time

    help or shut the fuck up

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:learned helplessness by bstender · · Score: 1

      HA! the strength of an argument is inversely proportional to the amount of bluster and insult one resorts to. you missed my point entirely and i'm not sure if you're pissed bc you just don't get it, or bc you can't deal with reflecting on your convictions (hate to be wrong).

      you oversimplify the options, (you left out "getting out the vote" and similar deck chair rearrangement), but revolution is indeed a necessity to achieve what you (and i) desire. whether it be bloody or not is beside the point, a different system is the only thing that will supplant the anti-democratic progression of events. Hey, we've been voting our asses off the whole time! Ever wonder why your theory doesnt produce the desired results? Will you simply retort with the classic religious-sect argument, that everything would be perfect if everyone believed and acted as you believe and act?

      and btw, your assumptions about my spirit and my activism are laughably off the mark and i see your conventionalism and idealism as the major stumbling block to achieving our mutual dream of a democratic and equitable society. so get serious or stfu!

      --
      look sig is kool
  124. The More Things Change... by Anonymous Coward · · Score: 0

    "Behind the ostensible government sits enthroned an Invisible government owing no allegiance and acknowledging no responsibility to the people. To destroy this invisible government, to befoul this unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of today." President Theodore Roosevelt, 1906

  125. HAIRYFEET HAS TO EAT HIS WORDS INSIDE by Anonymous Coward · · Score: 0

    "Ahhh....I know I shouldn't slap the fanboy, but I'm bored people, and therefor can't help it." - by hairyfeet (841228) on Thursday January 21, @07:58PM (#30854896)

    Hairyfeet - You had to "eat your words" numerous times in the exchanges in these very posts which everyone will now see, verbatim, by just going to them here:

    ----

    ("Exhibit A", where I merely extolled both SPEED and SECURITY issues in FAVOR of Opera, vs. FireFox):

    http://tech.slashdot.org/comments.pl?sid=1519698&cid=30852888

    ("Exhibit B", where I first caught you in mistakes, regarding SPEED and SECURITY issues in FAVOR of Opera, vs. FireFox):

    http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856394

    ("Exhibit C", where I further caught you in mistakes, regarding SPEED and SECURITY issues in FAVOR of Opera, vs. FireFox):

    http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856658

    ----

    (Big mistake(s) on your part, starting up hassles with others by your intentionally trolling!)

    ANYONE IS FREE TO READ THE ABOVE, WHERE "HAIRYFEET" HERE FIRST ADMITTEDLY TROLLED MYSELF & GOT HIS ASS HANDED TO HIM, WITH EASE, & LMAO - DUE TO HIS OWN MISTAKES & RANTS!

    (Hilarious!)

    Whereas, by way of comparison (when I tried to warn he to leave me be no less, initially)?

    I stated nothing but verifiable facts in the 1st URL, & subsequently supporting ones regarding BOTH Opera, FireFox (& addons for them).

    APK

    P.S.=> The result? "HAIRYFEET" ran, like the TYPICAL /. TROLL (or, any other elsewhere) when confronted with facts, vs. his fictions and outrageous technical errors...

    However, before he ran (in "typical troll fashion" no less)? He lastly used the OLDEST "troll trick" in the book: Downrating ALL of my posts as "offtopic" & "troll" etc. / et al (Where my replies actually WERE on-topic unlike his largely stupid & erroneous replies no less)...

    No, I think from now on here? Well - Everyone ought to see EXACTLY how you & those LIKE YOU, operate around here & elsewhere online as well (and how you UTTERLY "screwed-up" for it on your part also, all per the above examples thereof on YOUR part)... apk

    1. Re:HAIRYFEET HAS TO EAT HIS WORDS INSIDE by hairyfeet · · Score: 1

      Oh, Hi Mr. Coward! Are you still following me? I think that is funny as hell! Sorry I wasn't able to respond to your sad little whining, I was too busy having sex! You know, that thing that happens on the porn you watch in your basement? Not the animal crap you usually watch though, we are talking actually breathing living 100% woman baby, yeah!

      So sorry I had better things to do than listen to you cry. How's life in last place? Is it good? Shame that after 16 years the best you can muster is 1.6% huh? Hell you are just barely beating other! Hell craptastic old IE6 is stomping your ass like 2000%! Man, I bet that just twists it in and breaks it off,huh? Question, if your browser is so "special" why is it dead fucking last, just barely beating the "other" column? So is that 'special" as in Olympics?

      So please, feel free to drool and rant ALL you want Mr. Coward, although I probably won't notice you until early next week at the earliest. You see, while I have this little bit of time while my baby is sleeping, it won't be long before she wakes up and we can get back to business. What can I say, I wore the little thing out,LOL! Enjoy your hand Mr. Coward, shame that your browser can't even download those porn vids for you, since it has no downloadhelper or iMacros and all, but hey, it's a feature,right?

      --
      ACs don't waste your time replying, your posts are never seen by me.
  126. I think the real problem is money = speech by yuhong · · Score: 1

    Money should not equal speech. I'm sure that equating money with speech is far from the intent of whoever was writing the Constitution.

  127. Oh, sorry, forgot this lol-worthy comment. by Chris+Burke · · Score: 1

    For example, you'll find many Anarcho-Capitalists being big fans of Singapore, tyrannical as many of their laws might be, because it is a relatively small government (or a very large neighborhood association) where pretty much everyone is there by choice and they are free to leave at any time. A world consisting of thousands of little Singapores [athousandnations.com] (each municipality / county competing with every other) would definitely be an improvement over what we have today - violent empires that have spread themselves "from sea to shining sea" and beyond!

    Ah, yes, your choice of any of a thousand tyrannical governments. Is this the promise of Anarcho-Capitalism? Do you think they'd be competing on freedom, or on their ability to make a buck at the expense of the others? What would any of the Singapores care if one decided that in addition to every other crime on the books, now defection was a crime?

    I think it's hilarious that in your ideal country the only freedom you have is to leave.

    --

    The enemies of Democracy are
  128. ITT was wasted time for you, see inside by Anonymous Coward · · Score: 0

    http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856394

    http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856658

    In those 2 links above, hairyfeet? You had your ass absolutely handed to you for your trolling him is all. So much for ITT, eh? You say you want to teach PC tech stuff in your profile, but you sure got "schooled" above. So much for "ITT".

  129. Witness "the POWER of... 'ITT Training'" lol (NOT) by Anonymous Coward · · Score: 0

    http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856394

    http://tech.slashdot.org/comments.pl?sid=1519698&cid=30856658

    Folks, we'd like to introduce you to "Professor Hairyfeet" graduate of "Bottom of the barrell university" @ ITT! That's where they teach you to troll others as well as how to lose very, very badly on technical topics, as he demonstrates above. So, when "the POWER of... 'ITT Training'" fails you, as it has the professor above? Well, there is always, "bottom-of-the-barrell U" for you too, as it's where ALL of the proudest loser trolls like the professor above graduated from (including getting their fake sheepskin from a gumball machine, lol). Professor Hairyfeet, You say you want to teach PC tech stuff in your profile here, but you sure got "schooled" above in both urls above there hairyfeet, lmao. Yes, folks - That's the KIND OF EXCELLENT RESULTS you'll be guaranteed to get, when you go to "Bottom-of-the-Barrell U" @ ITT. Guaranteed, or your money back (all 5 cents of it, lmao).

  130. PWUFESSUH HARRYPHEAT YO MAH HERO by Anonymous Coward · · Score: 0

    I won go thwu "The POWER of... 'ITT Training'" jes soes ah kin be jes laik Yew, PWUFESSUH HAIWYPHEAT. so kin ah be, PWEEZ? YO MAH HEIRO PWUFFESSUH! DAS cuz PWUFESSUH HARRYPHEAT I WAN B LAIK U 2.

    (ROTFLMAO)

  131. you work within the system by circletimessquare · · Score: 1

    working outside it is far worse than all the corporate meddling you can imagine

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  132. Corporate freedom of speech a fallacy by Anonymous Coward · · Score: 0

    The corporation is not some emergent consciousness evoked from its human participants. A corporation is make up of people. They already already have freedom of speech as a right, so a corporate right is redundant. The bigger problem are the resources to present ('get out') a viewpoint. A company can put perhaps substantial resources being a single viewpoint, yet only a subset of the participants in the company whose work products pay for those resources may agree with it. It's a slippery slope to allow corporations a 'say' in legislation that is by and for the People, since it can silence some viewpoints and over-emphasize others within the debate of an issue.