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US Supreme Court Expected Political Ad Transparency

T Murphy writes "The Supreme Court, when ruling that corporate and union political donations were allowed under free speech, assumed the source of the donation would be disclosed immediately under current donation laws. Due to loopholes, this has not been the case, eliminating the hoped-for transparency the Supreme Court ruled to be vital to democracy. Justice Kennedy, who sided with the majority on the ruling, has been called naive for his expectation that there would be greater transparency. In the meantime, campaign spending for House candidates alone is expected to reach $1.5 billion."

617 comments

  1. Kennedy's folly and sad legacy by elrous0 · · Score: 4, Insightful

    Kennedy has always attempted to be a fair mediator between the left and right impulses on the Court. But he really blew it on this one. His attempt at moderation in this case has taken an already out-of-control problem and made it much worse. This ruling will ensure that individual citizens are forevermore completely and totally drowned out in our government by corporate interests and their puppet foundations/non-profits. It was almost that way *already*, but now the big interests won't even have to *try* to hide their bribery. And, thanks to this, nothing short of a Constitutional amendment will ever stop corporate control of the government now (and good luck getting a 2/3's majority in a Congress owned by those corporations). Thanks Anthony!

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Kennedy's folly and sad legacy by FatSean · · Score: 2, Interesting

      Something tells me that Kennedy is the only Justice who didn't realize the loopholes existed.

      --
      Blar.
    2. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 5, Insightful

      Did you read the same Citizens United ruling that I did? Did you read then Solicitor General Kagan's argument that basically said "Yeah, this legislation gives the Feds the power to ban books, but that's irrelevant because we would never do such a thing."? The 1st amendment says plainly enough that Congress shall make no law abridging the freedom of speech. The old law prohibited Citizens United from publishing a film about a political candidate within a certain timeframe preceding a Federal election. Such a law is not compatible with the 1st amendment if free speech is to have any meaning.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    3. Re:Kennedy's folly and sad legacy by mc6809e · · Score: 4, Insightful

      This ruling will ensure that individual citizens are forevermore completely and totally drowned out in our government by corporate interests and their puppet foundations/non-profits.

      The individual citizen is always going to be drowned out in a democracy. The biggest gang wins. That what Democracy is.

      Very few people have won elections without the help of large groups. People must form large groups to get anywhere. As a legal convenience, these groups become corporations by incorporating.

      The AARP is a corporation. The NEA is a corporation. The AFL/CIO is a corporation. The NAACP is a corporation. They're all groups of like-minded people that would be nothing if they couldn't act together (and spend together) as a unit.

    4. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 1, Insightful

      So free speech only applies to selected bodies? Unions can exercise all the political exertion they want but corporations can't? We're in a much better position today where it's everyone for themselves instead of selectively legislating who does and doesn't have first amendment rights.

      And no, corporations don't run government, stupid people do. They are called politicians and they are more than happy to pass your tax dollars off to their buddies.

      It's time to take government out of the equation in our society and back to being 5% or less of GDP like it used to be, simplify the laws so they apply equally to everyone...the others should be thrown out wholesale.

    5. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 4, Insightful

      So free speech only applies to selected bodies? Unions can exercise all the political exertion they want but corporations can't?

      Some corporations can. The people who are outraged over Citizens United never found the time to complain when the for-profit New York Times was endorsing political candidates.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    6. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 3, Insightful

      Kagan said no such thing.

      McCain-Feingold kept "**corporations** and **unions** from using their __general treasury funds__ to make an "electioneering communication" or for "independent expenditures," defined as speech that expressly advocates the election or defeat of a candidate and that is made independently of a candidate's campaign."

      The Supreme Court said that corporations and unions must be treated as individuals. This is a radical extension of corporate power that is almost unknown in the rest of the world, and certainly something our Founders would be shocked to find.

    7. Re:Kennedy's folly and sad legacy by toastar · · Score: 5, Insightful
      Meh....

      If it weren't for anonymous political speech we wouldn't have the Federalist papers.

    8. Re:Kennedy's folly and sad legacy by mc6809e · · Score: 4, Insightful

      Did you read the same Citizens United ruling that I did? Did you read then Solicitor General Kagan's argument that basically said "Yeah, this legislation gives the Feds the power to ban books, but that's irrelevant because we would never do such a thing."? The 1st amendment says plainly enough that Congress shall make no law abridging the freedom of speech. The old law prohibited Citizens United from publishing a film about a political candidate within a certain timeframe preceding a Federal election. Such a law is not compatible with the 1st amendment if free speech is to have any meaning.

      I laughed when I learned that Micheal Moore's Fahrenheit 9/11M was used to attack the old law. Under the old law, Fahrenheit could have been banned during the 30 days before the 2004 election as a form of electioneering.

      It wasn't banned, of course, and that made arguing against the old law even easier because it suggested that the state could pick and choose what speech to ban and what speed to allow and that created a fear that the state under the old law would manipulate the political conversation.

    9. Re:Kennedy's folly and sad legacy by toastar · · Score: 3, Insightful

      >

      The Supreme Court said that corporations and unions must be treated as individuals. This is a radical extension of corporate power that is almost unknown in the rest of the world, and certainly something our Founders would be shocked to find.

      Just because people chose to exercise their right to assemble into a group, does not mean they have to give up their other rights. The Corporation only has the powers of the individuals that own it.

    10. Re:Kennedy's folly and sad legacy by MillionthMonkey · · Score: 0, Offtopic

      He's just an old man. Old men shouldn't offer their opinions on computers or "the advent of the Internet".

    11. Re:Kennedy's folly and sad legacy by Saishuuheiki · · Score: 5, Insightful

      The problem is you're assuming the corporations are controlled by a large group.

      I'm sure that in some cases, if not most, these decisions are ultimately made by one or a few with all the power of the many. Just because a corporation is composed of thousands of workers or owned by thousands of investors doesn't mean that these people have any control. Moreover, most of these corporations are not formed for political purposes or around political ideas.

      I'd be surprised if I read a story of any of these million dollar corporations holding a vote amongst shareholders whether and to whom they should donate a political contribution.

    12. Re:Kennedy's folly and sad legacy by khallow · · Score: 1

      Kennedy has always attempted to be a fair mediator between the left and right impulses on the Court. But he really blew it on this one. His attempt at moderation in this case has taken an already out-of-control problem and made it much worse.

      I don't see that. The Supreme Court made the right decision in Citizens United and the only choice consistent with the First Amendment. My view is that spending by corporate interests is not the problem. The problem is getting results from spending small amounts of money. We're now in a situation where massive amounts have to be spent to bribe anyone.

      Sure, I agree that transparency is useful, but it's not the only problem with bribery. There should be an easy way for someone with way too much money to squander it on an election. The real problem, as I see it, is that government grows in power as rent-seekers. While much has been said of corporate power, it's worth remembering that complicit government officials would be the other side of the equation. If corporations have to kickback a significant portion of their profits to avoid government interference, that contributes greatly to the corporate power problem.

      Unfortunately, as I see it (and perhaps a number of you see this coming as well), government is big and powerful. It's positioned well to turn society into the corporate republic that posters such as elrous0 above fear. Cutting back on government power will in turn cut back on corporate influence in government.

    13. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      Not that shocked -- in the Founders' day, candidates and political VIPs usually owned the news outlets directly. Look at who founded the New York Post, for example.

      The major difference is that the newspapers were generally pretty straightforward about their political leanings rather than hiding behind a bunch of "fair and balanced" crap.

    14. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      AARP, NEA, AFL/CIO, and NAACP are all non-profit corporations with a specific focus or cause. If I give money to the NAACP I know that is going to go towards advancing African-American causes. Groups like this are openly supported by the electorate and could be seen as amplifying the voices of their individual donors. For profit corporate donation is completely different. If you bought Stainmaster carpet for your house the Koch brothers have profited and some percentage of that money has now gone to support the Tea Party whether you agree with them or not. For-profit corporate donations are spent only for the benefit and advancement of the corporation, non-profit corporate donations are spent for the benefit of their interest/donor group.

    15. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 5, Informative

      Yes, actually she did. Start on page 64. She is arguing that the law DOES cover books but you don't need to worry about it because the Government has never tried to regulate books and if it did there would be grounds for a legal challenge. You'll forgive me if I don't find that argument very compelling.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    16. Re:Kennedy's folly and sad legacy by mapkinase · · Score: 1

      "Justice Kennedy, who sided with the majority on the ruling, has been called naive "

      Is it only me who thinks that there is no way a Supreme Judge could be "naive"?

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    17. Re:Kennedy's folly and sad legacy by sckeener · · Score: 3, Insightful

      which makes me wish the Supreme Court hadn't also given companies the same rights as individual citizens. It is like they can have it both ways. At the heart a company is an idea and you can't throw an idea in jail. You can penalize it and put CEOs or more likely peons in jail, but you can't just close it down for yelling fire in a crowded theater.

      --
      "Only one thing, is impossible for god: to find any sense in any copyright law on the planet." Mark Twain
    18. Re:Kennedy's folly and sad legacy by pixelpusher220 · · Score: 2, Insightful

      So following your logic, rich people can form corporations and 'vote' multiple times? That seems ok by you?

      Until the 'owners' of a corporation can be imprisoned for crimes they are not equal to 'citizens' and should not get the same level of rights.

      The individuals involved already have their rights, they don't get to buy multiple votes.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    19. Re:Kennedy's folly and sad legacy by FatSean · · Score: 1

      All of these justices are too old to comment on computers then.

      --
      Blar.
    20. Re:Kennedy's folly and sad legacy by Arctech · · Score: 3, Insightful

      The individual citizen is always going to be drowned out in a democracy. The biggest gang wins. That what Democracy is.

      There's a saying that goes, "Democracy must be something more than two wolves and a sheep voting on what to have for dinner."

    21. Re:Kennedy's folly and sad legacy by blackraven14250 · · Score: 5, Insightful

      Endorsing a candidate is fundamentally different from having the ability to run billions of dollars in ads, especially when the endorsement says "THE NEW YORK TIMES ENDORSES X CANDIDATE" and the ads say "Paid for by random mysterious group #50,982".

    22. Re:Kennedy's folly and sad legacy by capnchicken · · Score: 3, Interesting
      --
      A libertarian shat on my carpet once. Claimed the free market would sort it out. -Ford Prefect(8777)
    23. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0, Flamebait

      You are a moron. Voting is not a "right", it is a function of democracy. It is granted to citizens by the state, not as a virtue of their personal sovereignty. Speech, however, is not a privilege granted by any state or entity.

    24. Re:Kennedy's folly and sad legacy by tbannist · · Score: 1

      Cutting back on government power will in turn cut back on corporate influence in government.

      Only in so far as corporations will be making the rules instead of government. In some situations that might work out well. In many, probably most situations, it would range from poor to disastrous.

      --
      Fanatically anti-fanatical
    25. Re:Kennedy's folly and sad legacy by SatanicPuppy · · Score: 4, Insightful

      The problem isn't people banding together, the problem is that they're allowed to pump money into the system to push their agenda.

      I don't think we're going to have anything resembling a fair democracy until we restrict politicians to public funding.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    26. Re:Kennedy's folly and sad legacy by rhsanborn · · Score: 3, Insightful

      Not vote multiple times, but if the people of the assembled group wanted to base their vote on a collective decision, then there isn't anything that should stop such a thing. The campaign finance issue holds water in the same respect. The people of the group have allocated their resources and given control over those resources to a few elected leaders (the board). They trust the board to do good things with that money in order to act on their behalf and in their interest.

    27. Re:Kennedy's folly and sad legacy by forand · · Score: 1

      I think that the difference is that the constitution also makes no mention of organizations or corporations has have ANY rights. Allowing organizations to have enumerated rights may make sense but having the same rights as a real citizen is not reasonable as they cannot have the same consequences.

    28. Re:Kennedy's folly and sad legacy by pixelpusher220 · · Score: 2, Insightful

      Nobody is arguing that corporations can't buy their influence. The problem is the lack of disclosure.

      Union spending is pretty clear on disclosure, it comes from the members. Where does Americans for Prosperity's funding? that's the problem.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    29. Re:Kennedy's folly and sad legacy by OzPeter · · Score: 2, Insightful

      Not vote multiple times, but if the people of the assembled group wanted to base their vote on a collective decision, then there isn't anything that should stop such a thing.

      Did you just invent unions?

      --
      I am Slashdot. Are you Slashdot as well?
    30. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 4, Informative

      ink that the difference is that the constitution also makes no mention of organizations or corporations has have ANY rights.

      That's completely irrelevant. Read the plain text of the 1st amendment: "Congress shall make no law ... abridging the freedom of speech"

      What part of "shall make no law" is so hard to understand?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    31. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 5, Insightful

      The New York Times is a for-profit corporation that's been endorsing political candidates for decades.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    32. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      WOW! That's a STRETCH!

      She's saying that if the Citizens United "Hillary" movie was a book, then it would be subject to the same act. But, she says the issue's never come up and implies that she has no idea how the law could be applied to books.

      Keep your wacko libertarian fear mongering in your pants, dude.

    33. Re:Kennedy's folly and sad legacy by Jane+Q.+Public · · Score: 1

      Mod parent up.

      Exactly. This has been the main issue all along. It is astounding that SCOTUS would rule that restrictions violate a corporation's "right to free speech", when in fact they have no such right and never did. They don't have a right to vote, either. Or bear arms. Etc.

    34. Re:Kennedy's folly and sad legacy by DragonWriter · · Score: 1

      Just because people chose to exercise their right to assemble into a group, does not mean they have to give up their other rights.

      That's right. Of course, you don't need to recognize the group itself as having the rights of an individual to acheive this, since the people can exercise their other rights freely whether or not the group is recognized as having any legal status or rights.

      The Corporation only has the powers of the individuals that own it.

      A corporation is (unlike, say, a conventional -- not limited-liability -- partnership) not a product of the exercise of the right to free association. Its a product of a government (in most cases in the U.S., a state government) exercising its powers to create a special entity with special privileges and immunities for its shareholders (essentially, it creates the rights to benefit and control like a direct owner of a business enterprise, with a special protection from liability for the debts incurred through that enterprise.)

      It is, essentially, a tool of government to direct a subsidy at public expense to private parties in the hope of acheiving a public benefit.

      There is no reason why that tool of government ought to be free to engage directly in electoral politics, any more than, say, executive branch agencies should be free to expend their budgeted funds on political campaigns.

    35. Re:Kennedy's folly and sad legacy by shutdown+-p+now · · Score: 1

      That's what democracy is by definition, even the vaunted American "ours-is-not-a-democracy-it's-a-republic" one. Sure, you can muck around with thresholds such that two wolves cannot outvote a single sheep on some issues you deem important. But that doesn't help when there are three (or however many it takes) wolves.

    36. Re:Kennedy's folly and sad legacy by delinear · · Score: 1

      And even then, they can be offered tasty incentives for when they leave public life, so you'd need restrictions on that, too. Then the argument would be that nobody would ever enter public life if it meant they were severely limiting their options in the commercial sector later. I sometimes wonder if it really wouldn't be better to just elect politicians at random, by lottery.

    37. Re:Kennedy's folly and sad legacy by benjamindees · · Score: 0

      Cutting back on government power will in turn cut back on corporate influence in government.

      If only we had some sort of independent branch of government or something specifically designed to do such a thing.

      --
      "I assumed blithely that there were no elves out there in the darkness"
    38. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      More stupid from the teabaggers/libertarian/rethuglicans. The editor of a newspaper can and should be able to state the OPINION of the newspapers editorial and management boards. The crucial difference is that the New Yorks Times did not take money from the corporate coffers and donate it to a specific candidate. The New York Times has a two pages devoted to contrary opinions. This contrast to Rupert Murdoch who used corporate funds to make donations to HIS PERSONAL PREFERENCE OF CANDIDATES. This is in contrast to the US Chamber of Commerce who is using DONATIONS TO ITS POLITICAL ARM FROM FOREIGN DONORS to influence the election to the tune of $250 million. The only option for corporate members of the Chamber of Commerce is to leave the Chamber of Commerce, which they have in drove because the borderline illegal activities of the Chamber. As a stockholder in Murdoch's companies I was never asked if I wanted my share profits to be donated to a political campaigns. Members of the NEA AND AFL/CIO actually vote to decide which political group gets funded.

      Kennedy and Scalia should be impeached, Thomas should be tried as a sex offender.

    39. Re:Kennedy's folly and sad legacy by Ken+D · · Score: 1

      Citizen's United is not a citizen, nor even a person and it has no innate rights that have not been granted to it.

      Corporations should not have the same rights as people. They do not have the same responsibilities, duties or obligations as people.
      Given them the same rights as people makes them *better* than people.

      For example, most corporate illegal activity is punished mainly by some kind of mere financial penalty. Contempt of court? $10,000 fine.
      If a person is in contempt, they can be and are sent to jail, completely disrupting their lives until they stop their contempt, for example, refusing to testify, which is a much more severe penalty than mere cash.

    40. Re:Kennedy's folly and sad legacy by mdarksbane · · Score: 4, Insightful

      Tell me any reasonable way to parse the difference between the two that is *not* incredibly open to political abuse. Tell me how to keep the regulatory structure immune from every political lobbying group pressuring the justice department. Tell me what justifies giving some giant faceless corporations (the New York Times, Fox News, Time Warner) the right to make political statements and not others.

      There is no clear line to draw and no clean way to draw it. This is why the first amendment exists - rather than risk creating a regulatory structure that is incredibly open to abuse, we open speech up to everyone and every thing and leave it up to the voter to parse out the bad speech.

    41. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      I'm sorry, I didn't realize you were still supposed to retain control of your money after you used it to buy something. They gave you the fucking carpet,

    42. Re:Kennedy's folly and sad legacy by slaingod · · Score: 1

      An amendment can also be passed at the state level, avoiding Congress altogether.

      --
      http://blog.slaingod.com
    43. Re:Kennedy's folly and sad legacy by spiffmastercow · · Score: 1

      Yes. Congress shall make no law. Period. End of Constitution. Right? There are limits to freedom of speech, as the founding fathers well knew. Though if you want to get really technical with it, I could point out that corporations can't speak, since they don't have mouths, and the first amendment only pertains to speech, not written communication. Follow the *intent* of the Constitution, not the letter.

    44. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 4, Insightful

      The intent was that Congress would not be in the position of regulating speech.

      Why are you so afraid of unfettered speech anyway? Is your opinion of the American electorate so low that you think they need to be shielded from this speech and can't form their own opinions about it?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    45. Re:Kennedy's folly and sad legacy by Schadrach · · Score: 1

      If government doesn't have the power to reign in corporations, then corporations won't try to buy candidates to keep them from doing so in a meaningful way?

      Maybe I'm missing something here, but shouldn't the ideal be to strike a balance where corporations can't buy government effectively while government still has some capacity to keep corporations in check, because more or less no other entity can?

    46. Re:Kennedy's folly and sad legacy by commodore64_love · · Score: 2, Interesting

      >>>that individual citizens are forevermore

      Don't exaggerate. The Supreme Court is free to change their mind. They once ruled that segregation was legal, and then later changed their minds. Also take heat in the words of Thomas Jefferson (founder of the Democrat-republicans):

      "The question whether the judges are invested with exclusive authority to decide on the constitutionality of a law has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the Constitution which has given that power to them more than to the Executive or Legislative branches." --Thomas Jefferson to W. H. Torrance, 1815. ME 14:303

      "But the Chief Justice says, 'There must be an ultimate arbiter somewhere.' True, there must; but does that prove it is either party? The ultimate arbiter is the people of the Union, assembled by their deputies in convention, at the call of Congress or of two-thirds of the States. Let them decide to which they mean to give an authority claimed by two of their organs. And it has been the peculiar wisdom and felicity of our Constitution, to have provided this peaceable appeal, where that of other nations is at once to force." --Thomas Jefferson to William Johnson, 1823. ME 15:451

      The STATES are the ultimate deciders.
      If they don't like this decision and the Court does not change its mind,
      they have the otion to amend the Constitution and remove donations from corporations.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    47. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      This is why the first amendment exists - rather than risk creating a regulatory structure that is incredibly open to abuse, we open speech up to everyone and every thing and leave it up to the voter to parse out the bad speech.

      Thank you. You said it better than I did.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    48. Re:Kennedy's folly and sad legacy by jdpars · · Score: 4, Informative

      That used to be the case! A corporation, or really any group, was limited in the way it could fund a campaign. It could only give an amount equal to the limits of personal giving of each of its members, and they weren't allowed to give on their own outside of it. This SCOTUS ruling destroyed that!

    49. Re:Kennedy's folly and sad legacy by fotbr · · Score: 2, Interesting

      The same part that has people confused about "shall not be infringed".

      People don't know what "no" means anymore; from spoiled kids to congress, "no" is just one of those words that means "you can probably do it anyway".

    50. Re:Kennedy's folly and sad legacy by Ellis+D.+Tripp · · Score: 1

      Until the 'owners' of a corporation can be imprisoned for crimes they are not equal to 'citizens' and should not get the same level of rights.

      The "owners" of a publicly traded corporation would be the shareholders, no?

      While such a system of accountability might be interesting, I haven't heard even the farthest fringes of the left call for arresting and imprisoning everyone who holds stock in BP through their 401(k).

      OTOH, ocking up senior management and the boards of directors would be a little easier to accomplish, and likely to gather a bit more public support.

      --
      Remember "News for Nerds, Stuff that Matters"? Help make it a reality again! http://soylentnews.org
    51. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      More stupid from the teabaggers/libertarian/rethuglicans. The editor of a newspaper can and should be able to state the OPINION of the newspapers editorial and management boards. The crucial difference is that the New Yorks Times did not take money from the corporate coffers and donate it to a specific candidate

      It's pretty telling that you start off your post with a rant about how stupid those dumb teabagging rethuglicans are while being completely oblivious to the fact that it's still ILLEGAL for a corporation to donate money to a political campaign.

      Citizens United said that corporations can put out their own advertisements/fliers/movies/etc. It did not say they can write checks to Obama for America or McCain/Palin 2008.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    52. Re:Kennedy's folly and sad legacy by spiffmastercow · · Score: 1

      It's not the speech I'm concerned about, it's the astro-turfing. The problem here is when a corporation masquerades as a folksy "grass roots" organization when distributing their speech. Under the current system, you could write a satanist propoganda, and publish under the name of "The Association of Citizens to Elect Mitt Romney". Furthermore, you can do this right before an election, so that the truth of the identity of the author is not revealed until long after the point at which it matters. Not to mention that large corporations will not be severely hurt by a libel suit, and thus are not discouraged from this kind of activity in the future.

    53. Re:Kennedy's folly and sad legacy by TheEyes · · Score: 1

      Did you read the actual argument, or just Fox New's blatant lying about it? The Solicitor General's arguments were, essentially:

      1) The claim being made by the appellant is too broad
      2) The court is bound by a century of precedent allowing the government to regulate corporations attempting to buy elections
      3) The government cannot prevent individuals from campaign spending, as such would violate the First Amendment. "That is not the case with corporate spending, which does not reflect the
      personal views of the officers (who cannot appropriately spend corporate money for purposes of personal selfexpression), the customers or shareholders (whose political preferences officers do not and generally cannot ascertain), or the corporation itself (which is an artificial
      entity that has no “beliefs” to express). Thus, while restrictions on the use of treasury funds for electioneering may prevent corporate officers from utilizing one effective means to further the corporations’ economic interests, those restrictions do not hinder the expression of
      any natural person’s ideas."

      Nothing about "We can ban books" at all.

      (Full coverage of Citizen's United on SCOTUSblog

    54. Re:Kennedy's folly and sad legacy by thePowerOfGrayskull · · Score: 1

      >

      The Supreme Court said that corporations and unions must be treated as individuals. This is a radical extension of corporate power that is almost unknown in the rest of the world, and certainly something our Founders would be shocked to find.

      Just because people chose to exercise their right to assemble into a group, does not mean they have to give up their other rights. The Corporation only has the powers of the individuals that own it.

      The individuals who own it are not the only members of the assembled groups - thus giving the Corporation significantly more power than its owners could have independently. By extension, this gives its owners more power than they could otherwise enjoy as citizens as well.

    55. Re:Kennedy's folly and sad legacy by Quirkz · · Score: 1
      Forevermore? You don't think we could fix this with either a new law or another court case where they could clarify their ruling? I'm pretty sure our system allows for change.

      Of course it won't be in time for this election. Possibly not even the next one. But it's hardly eternal.

    56. Re:Kennedy's folly and sad legacy by SiChemist · · Score: 3, Informative

      This is what the creators of our government thought about corporations.

    57. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      Then why is it necessary to define it as a right in the 1st Amendment if it is not granted by any state or entity?

    58. Re:Kennedy's folly and sad legacy by thePowerOfGrayskull · · Score: 2, Insightful

      To clarify - in the situation we have today, the collective political power of the corporation's employees (which can number in the tens or hundreds of thousands) and to an extent its customers (in that the customers are ultimately funding the exercise) is wielded by the relatively few people who own the corporation. This not only gives them disproportionate political power, but in influencing the political decisions of its employees it effectively reduces the political influence of those same employees.

    59. Re:Kennedy's folly and sad legacy by babblefrog · · Score: 1

      Then comes the question: which candidates do you fund? Only the two major parties? Anybody who steps forward? Do you set up some thresh-hold of support? Public funding pretty much guarantees that the 2 major parties will be in power forever.

    60. Re:Kennedy's folly and sad legacy by soren100 · · Score: 1

      The people who are outraged over Citizens United never found the time to complain when the for-profit New York Times was endorsing political candidates. /quot

      Nice attempt at raising a false equivalency argument.

      Newspapers have always provided news and opinion in America, and many have argued that this is a vital role in a democracy. Publishing the New York Times or any other newspaper, or even broadcasting Fox News was never illegal, so bringing them up is totally irrelevant to the issue at hand.

      What was illegal was the use of general treasury union or corporate funds to purchase advertisements 30 days before an election. That's quite different from a journalism company pursuing the normal course of their business.

    61. Re:Kennedy's folly and sad legacy by Archangel+Michael · · Score: 2, Informative

      Until the 'owners' of a corporation can be imprisoned for crimes they are not equal to 'citizens' and should not get the same level of rights.

      Actually, if a corporation commits crimes, the CEO, Officers and the BOARD of Directors should be held criminally responsible. I'm not talking about rogue employees, I'm talking about corporate policy and repeated actions.

      Additionally, one MUST remember that Corporations are creations of the State. Giving them any "rights" diminishes the liberties of citizens and the people. THIS is my beef with corporatism (not capitalism) of today.

      Until we hold people accountable for their responsibility and fiduciary duties, nothing is going to change.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    62. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 2, Informative

      The problem here is when a corporation masquerades as a folksy "grass roots" organization when distributing their speech.

      Even if they do that, why exactly is it a problem?

      Under the current system, you could write a satanist propoganda, and publish under the name of "The Association of Citizens to Elect Mitt Romney". Furthermore, you can do this right before an election, so that the truth of the identity of the author is not revealed until long after the point at which it matters.

      So what? We have free speech in this country. That includes anonymous speech. Anonymous political speech has been around in this country since the Federalist papers and has a long history of being upheld by SCOTUS regardless of

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    63. Re:Kennedy's folly and sad legacy by commodore64_love · · Score: 2, Interesting

      >>>Just because people chose to exercise their right to assemble into a group, does not mean they have to give up their other rights. The Corporation only has the powers of the individuals that own it.

      You are 100% correct.

      However just because people form a group, doesn't mean the group acquires personhood. For example Microsoft employees retain their rights, but the actual microsoft, which is as inanimate as a building, should have no rights. If the owner of MS wants to speak let him speak as *himself* while the building remains silent. If the owner wants to hire lobbyists, let him hire them using his OWN money, while MS money is forbidden from hiring lobbyists.

      Just because you join a group, does not mean you lose your rights - you can still speak, et cetera.
      But neither does it mean the corporation suddenly becomes Human.
      Non-humans (rocks, trees, buildings) don't have rights.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    64. Re:Kennedy's folly and sad legacy by commodore64_love · · Score: 2, Insightful

      >>>if the people of the assembled group wanted to base their vote on a collective decision, then there isn't anything that should stop such a thing.

      But that is still Individuals exercising individual, Human rights.
      That doesn't mean the corporation should have the right to cast ~100,000 votes on behalf of its employees.
      Neither should said corporation have the right to hire lobbyists to speak on behalf of its employees.

      If they employees want to hire lobbyists, let them do it on an individual basis, while the corporation remain as silent as a rock, tree, or building.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    65. Re:Kennedy's folly and sad legacy by DJRumpy · · Score: 3, Insightful

      A 'business' does not meet the definition of such a group. A political action group is specifically created to champion the political agenda of it's members and it makes perfect sense that these should have the ability to do so as their members expressly joined such groups for that purpose, and donated money to such groups for that purpose.

      A business on the other hand does not take it's employee's opinion into account when they spend corporate money on political action campaigns. I certainly can't tell my company where to spend it's money. I have no voice at all, other than taking a drastic step of leaving my job, and risking my own health and welfare to do so.

      The ruling was bad, on all fronts. It is not free speech for a corporation to use it's coffers to 'speak' for employees who in turn have no control over where that money goes.

      Not vote multiple times, but if the people of the assembled group wanted to base their vote on a collective decision, then there isn't anything that should stop such a thing. The campaign finance issue holds water in the same respect. The people of the group have allocated their resources and given control over those resources to a few elected leaders (the board). They trust the board to do good things with that money in order to act on their behalf and in their interest

    66. Re:Kennedy's folly and sad legacy by spiffmastercow · · Score: 0, Troll

      Dude, the freedom of speech is not the same thing as the freedom to lie about your identity. That is NOT what the Constitution was meant to protect. But whatever, enjoy your corporate overlords -- you deserve them.

    67. Re:Kennedy's folly and sad legacy by dasdrewid · · Score: 4, Insightful

      That's the point I was going to make.

      The problem is still with the organization of corporations. The management isn't at fault, because they're just the hired guns doing the will of the owners (stockholders). The stockholders aren't at fault because there's so many of them you could never apportion blame, and they can't know the ins-and-outs of every action taken by the corporation. Basically, no one is to blame (officially...when Target donates 150k to a politician the CEO likes, everyone knows exactly who to go after...but how're you gonna fire him? If more than 50% of the stock is owned by institutional investors who only trade based on price, and he continues to make the price better, you can't get rid of him...)

      --
      No trespassing. Violators will be shot. Survivors will be shot again.
    68. Re:Kennedy's folly and sad legacy by yariv · · Score: 2, Interesting

      if the people of the assembled group wanted to base their vote on a collective decision, then there isn't anything that should stop such a thing.

      If people wanted to vote through the group, there is something that will stop it, however. I'm not an American, so I might be wrong regarding your laws, but you can't give your vote to the corporation and send it to vote for everyone. This right is not transferable. It would make sense that other rights, such as free speech, are also not transferable. If this was the case, you could do whatever you want, publish books and movies and so on, but corporations will not. I see no problem with this.

    69. Re:Kennedy's folly and sad legacy by camperslo · · Score: 2, Insightful

      The problem is getting results from spending small amounts of money. We're now in a situation where massive amounts have to be spent to bribe anyone.

      Clearly it is an uphill battle to take the corrupting influence of money out of the political process.
      Given the ineffectiveness of controls on the cash going in, perhaps the public could be better served and more quickly so by changes limiting where the cash can go. Do away with paid radio/tv political ads entirely.

      The broadcast industry has had major deregulation, some of it very harmful to the concept of stations serving the public interest. The FCC should take steps to diversify ownership of broadcast stations, and to have licensees that live within the coverage area of stations they own. Stations make plenty of money as it is. There's no reason why they can't operate with NO paid political advertising, carrying only non-paid public service broadcasts informing the public of issues and candidates of concern to their audience. The current situation with sometimes unknown interests outside the community of license controlling the information (or more often disinformation) flow is totally unacceptable.

      The old method where broadcasters have no mandatory amount of public service time, nor a cap on the amount of ad time, should be returned. Broadcasters would commit to numbers for both in their license applications, and report on both for the prior license period. As before, two weeks of the year of the licensees choosing would be exempt from the self-imposed limits. (typically they were holiday and election ad periods). Stations doing a poor job with either too little public service, or too much advertising would be in an unfavorable light should someone else wish to protest license renewal. In theory, with deregulation, market forces (competition) was suppose to naturally lead broadcasters to do the right things, but that has been a dismal failure. We got infomercials, ad time going from around 10 minutes an hour to 18 or 20, many of the public service announcements run in the middle of the night. Much news on local newscasts is actually of a non-local nature or duplicated on other stations under common ownership.

      The dismal situation with station operating and ownership has many far reaching effects on society.
      Quality entertainment programming is less viable with so many ads, the public has become more ignorant, large scale commercial interests are favored over local business, depth and diversity of news coverage has seriously suffered. People blogging on the net make contributions, but the net is not a substitute for funded transparent news operations. Indeed it is trivial to cook up a website to distribute misinformation or support others doing so.

      Broadcasters making a profit is fine, but the MUST be held to acting as trustees of the public interest. Their function is too important to allow the greed of anything goes for a profit to be allowed. Make broadcasters accountable to the people IN THE COMMUNITIES THEY ARE LICENSED TO.

    70. Re:Kennedy's folly and sad legacy by Sprouticus · · Score: 2, Informative

      Endorsing a canidate in by DEFINITION transparent. You have the newspaper company saying who it endorses and why.

      I dont think anyone here has an issue with say....HP or Microsoft or BP or whomever running a commercial or renting newspaper space saying 'BP endorses this canidate because of X Y and Z. We do not like this other canidate because of A,B, and C.

      The problem comes with shadow organizations, who are funded indirectly. The answer to that is fairly simple. If you are a company which is a subsidary of another company, both company names must be exposed.

      Now, some people are saying that individuals should have to be exposed as well. This is where it gets sticky. Should a really rich guy have to disclose if he spends 5 million of his own money to create a shadow corp which then buys airtime and runs commercials and is 'issue' based?

        My gut instinct is to say no. He has a right to anonmyous free speech. But we already regulate speech somewhat with out election laws, so there has to be some middle ground. The fact that he is hiding behind a corporation instead of buying the advertising directly means he gives up some 1st amendment rights in my mind.

      Like all election laws, the best we can hope for is to curb the worst of the abuses. Short of government funded campaigns, you just cant expect money not to influence elections. But if you at least force corporations to be transparent in their actions you give the voter more informaiton on the source of the

    71. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      corporate interests and their puppet foundations/non-profits

      How about union interests and their puppet foundations/non-profits?

      So far this election cycle, the organization that has donated the most to either side is AFSCME (Association of Federal, State, County, and Municipal Employees), last time I looked somewhere in excess of $80 million.

    72. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      The question is clearly who the hell are "Citizens United" or any other ambiguous label? I know who the New York Times represents.

    73. Re:Kennedy's folly and sad legacy by Arctech · · Score: 1

      But that's arguably what the supreme court is for. If the court hadn't overturned democratic majority rule in the 60's then there would still be white and black segregated schools. Only in this case the SCOTUS decided to overturn decades of legal precedent, having the effect of short circuiting any sort of limitation or regulation in election campaigning system.

    74. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      Dude, the freedom of speech is not the same thing as the freedom to lie about your identity.

      So you don't think that anonymous political speech is protected by the 1st amendment? Why aren't you posting under your real name then?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    75. Re:Kennedy's folly and sad legacy by spiffmastercow · · Score: 1

      There's a difference between posting under a pseudonym and posting as someone else.

    76. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      My gut instinct is to say no. He has a right to anonmyous free speech. But we already regulate speech somewhat with out election laws, so there has to be some middle ground. The fact that he is hiding behind a corporation instead of buying the advertising directly means he gives up some 1st amendment rights in my mind.

      Why should he give up anything? Why do you think that we should regulate speech with our election laws?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    77. Re:Kennedy's folly and sad legacy by shutdown+-p+now · · Score: 1

      The Supreme Court can only make sure that any legislation conforms to the Constitution. The reason why they could desegregate schools in the 60s was that segregation was unconstitutional (that, and also because national majority was actually in favor of desegregation). However, if you'd have the supermajority (the "three wolves") of Americans in favor of segregation, it could simply be written directly into Constitution.

    78. Re:Kennedy's folly and sad legacy by causality · · Score: 1

      And even then, they can be offered tasty incentives for when they leave public life, so you'd need restrictions on that, too.

      Delayed bribery is still bribery. Make it a felony that ignores any "corporate veil" to attempt to make such a bribe to a politician. Double that penalty for any politician who accepts such a bribe. Oh, and eliminate this special status of public office. When an elected official breaks a criminal law there is no good reason why, following a grand-jury indictment, the cops can't march right into his or her office and slap the cuffs on them.

      I sometimes wonder if it really wouldn't be better to just elect politicians at random, by lottery.

      That's what Athens did. It's an interesting idea. Every citizen was, at any time, expected to be capable of taking a position of responsibility within their community. Their system was quite a bit more participatory.

      We could do that here and treat it a lot like jury duty. It would work well if each lottery selected candidate served only a single short term. The point is to eliminate the corruption, money, power and groupthink that comes with political parties and campaigns. The point is also to eliminate the concept of the career politician and with it, the ruling class of well-monied well-connected individuals who hold most of the power year after year.

      Getting rid of the ruling elite is such a great thing that any inconvenience or disadvantage of this system should be negligible.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    79. Re:Kennedy's folly and sad legacy by khallow · · Score: 1

      Maybe I'm missing something here, but shouldn't the ideal be to strike a balance where corporations can't buy government effectively while government still has some capacity to keep corporations in check, because more or less no other entity can?

      Well, how about we first scale back government to the point where this is a problem?

    80. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      The federalist papers are among the greatest crimes against the american public. Just because one's history class puts emphasis on them, does not mean that they are not worthy of criticism.

    81. Re:Kennedy's folly and sad legacy by Steauengeglase · · Score: 3, Insightful

      Yes, but NYT isn't handing candidates millions of dollars to flood hundreds of media outlets.

      The problem isn't one private entity giving their one word, but one private entity speaking as if it were a thousand voices in a thousand places.

      On the playground we called it cheating.

    82. Re:Kennedy's folly and sad legacy by khallow · · Score: 1

      Broadcasters making a profit is fine, but the MUST be held to acting as trustees of the public interest. Their function is too important to allow the greed of anything goes for a profit to be allowed. Make broadcasters accountable to the people IN THE COMMUNITIES THEY ARE LICENSED TO.

      Why? Just because you write IN CAPS, doesn't mean there is a need that broadcasters should fill. The above, weak rationalization has been used for all sorts of nonsense, such as pathetic childrens' programming or the so-called "fairness doctrine" (which ensured that government backed viewpoints were inserted in the name of "fairness").

    83. Re:Kennedy's folly and sad legacy by nelsonal · · Score: 1

      Because the founders realized that if the rights weren't codified there was potential for future governments to trample them. The constitution is very clear, that the rights expressed in the bill of rights are fundamental to humanness, and are explicitly not granted by the state.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    84. Re:Kennedy's folly and sad legacy by Homr+Zodyssey · · Score: 3, Insightful

      Voting is not a "right", it is a function of democracy

      The 15th, 19th and 26th amendments to the US Constitution seem to disagree with you. Each of them begins with "The right of citizens of the United States to vote shall not be denied or abridged".

      You are a moron.

      Oh...Troll...nevermind... sorry I fed you.

    85. Re:Kennedy's folly and sad legacy by mc6809e · · Score: 1

      AARP, NEA, AFL/CIO, and NAACP are all non-profit corporations with a specific focus or cause. If I give money to the NAACP I know that is going to go towards advancing African-American causes. Groups like this are openly supported by the electorate and could be seen as amplifying the voices of their individual donors. For profit corporate donation is completely different. If you bought Stainmaster carpet for your house the Koch brothers have profited and some percentage of that money has now gone to support the Tea Party whether you agree with them or not. For-profit corporate donations are spent only for the benefit and advancement of the corporation, non-profit corporate donations are spent for the benefit of their interest/donor group.

      Are you really telling me you believe members of the AARP or NEA or AFL/CIO or NAACP don't expect to profit from the efforts of these corporations that represent them? The AARP wants higher benefit payments to seniors. The NEA wants higher pay for teachers. The AFL/CIO wants more money for union workers. The NAACP wants governments to make a greater effort to purchase more goods and services from black men and women. All these groups want to help their members to profit in some way from their efforts.

      And your complaint about corporate profits going to causes you oppose equally applies AARP, NEA, AFL/CIO, and NAACP. Members of those groups got their money from other people, too. Should we complain that some portion of the money spent on automobiles winds up in the hands of the AFL/CIO and is used to campaign for Democrats? Or that social security money, obtained through taxation from others, goes to support the AARP? Or that taxpayers pay teachers so that those teachers can contribute some of that money to organizations that aim to take more money from those same taxpayers?

    86. Re:Kennedy's folly and sad legacy by khallow · · Score: 1

      Only in so far as corporations will be making the rules instead of government. In some situations that might work out well. In many, probably most situations, it would range from poor to disastrous.

      Or no one will be making the rules.

    87. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      So who is posting as "someone else" and why can't that "someone else" just sue them for slander and/or libel under the existing laws? You still haven't made any sort of compelling argument for why we need to regulate the source of political speech.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    88. Re:Kennedy's folly and sad legacy by nelsonal · · Score: 1

      They still are, Citizens United only allows them to express an opinion on an issue, but makes no restriction on their ability ot express an opinion on an issue.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    89. Re:Kennedy's folly and sad legacy by Exoman · · Score: 1
      PEOPLE have First Amendment rights. Corporations are not people. Corporations do not and should not have the rights of people, just a license to do business as a legal entity, an arrangement granted BY the grace of the people, presumably for the collective good. We err when we speak loosely of "rights" of artificial entities.

      When corporations can go to jail, be put to death, die a natural death of old age after a reasonable and productive life, when they can die from pollution in their environment, when corporations cannot shield owners' wealth from malfeasance,THEN tell me about their "constitutional rights." Corporate personhood? THAT is why we have 1 dollar-1 vote politics in our country and politicians who cannot effectively govern. THAT is why we have more corporate welfare than humanity paid for from our tax dollars.

    90. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 0, Troll

      The problem isn't one private entity giving their one word, but one private entity speaking as if it were a thousand voices in a thousand places.

      So now your issue isn't with speech, it's with the SCALE of that speech? Show me the text in the 1st amendment that grants Congress the power to ensure that everyone gets to speak at the same volume level in a crowded room.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    91. Re:Kennedy's folly and sad legacy by khallow · · Score: 1

      If only we had some sort of independent branch of government or something specifically designed to do such a thing.

      I sense a failed effort at sarcasm.

    92. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      The Citizens United Hillary movie wasn't banned either. It was prevented from being shown on TELEVISION in the 30 days before the '04 election.

      Fahrenheit 9/11 was in theaters and later on DVD. Were it to be a paid programming message on TELEVISION, there MIGHT have been an issue.

    93. Re:Kennedy's folly and sad legacy by dreamt · · Score: 1

      All newspapers (and media in general) endorse candidates, and the NYT endorsements are in the opinion section, as are those done on TV stations and other media.

    94. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      It's positioned well to turn society into the corporate republic that posters such as elrous0 above fear. Cutting back on government power will in turn cut back on corporate influence in government.

      This is the most retarded statement i've ever seen. Talk about killing the patient to cure the disease. Of course cutting government power will decrease corporate power in government. However, that ignores the actual problem. Corporations are large collections of individuals (workers, management, shareholders...) that have a very large impact on the public. In order for individual citizens to have a chance to stand up to large, well-funded corporations they need to also band together into a larger group. Guess what this larger group is called? Go on, I'll wait while the gears turn...

      It's called "government". Government's role is to protect the individual. This could be protecting the individual from other nations, from polluting corporations, from gangs or criminals, etc. Reducing government's power reduces its ability to do its job, protecting the individual.

    95. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      ha ha ha.

      "leave it up to the voter to parse out the bad speech."

      good one.

    96. Re:Kennedy's folly and sad legacy by Homr+Zodyssey · · Score: 1

      The GP used the word 'vote' in quotes. I don't think he/she meant a literal vote. The point is that individuals are restricted in the amount they can spend on political campaigns. Corporations are not. In this way, a single individual can spend a crapload more money on the campaign just by funnelling it through a corporation. And, if they also funnel it through a non-profit, it can't even be traced back to them. It is possible for Osama Bin Ladin to spend hundreds of millions of dollars getting a sleeper agent elected president, and noone could trace the money back to him.

    97. Re:Kennedy's folly and sad legacy by khallow · · Score: 1

      This is the most retarded statement i've ever seen.

      Perhaps, if you bothered to post with your real name, I would explain why your impression was wrong.

    98. Re:Kennedy's folly and sad legacy by spiffmastercow · · Score: 1

      They can sue, but that doesn't matter after the election when their pet congressman is in office. Also, you're still overlooking the basic point that CORPORATIONS ARE NOT PEOPLE. Say it with me now, CORPORATIONS ARE NOT PEOPLE. CORPORATIONS DO NOT HAVE RIGHTS. I have no problem with a corporation releasing an endorsement of a candidate, and I'm even willing to let them spread lies. But they must do so under their own brand. Anything else is a blatant ploy to hijack the electoral system.

    99. Re:Kennedy's folly and sad legacy by Danse · · Score: 2, Informative

      The intent was that Congress would not be in the position of regulating speech.

      Why are you so afraid of unfettered speech anyway? Is your opinion of the American electorate so low that you think they need to be shielded from this speech and can't form their own opinions about it?

      I see no reason to allow corporations to have the ability to speak on political issues. The individuals of that corporation have that right. The corporation itself is simply a legal shield created by the government for the purpose of facilitating commerce, and as such should not have the rights of a person.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    100. Re:Kennedy's folly and sad legacy by Qzukk · · Score: 1

      What part of "shall make no law" is so hard to understand?

      The part that got thrown under the bus when the government defined away your right to petition it for a redress of your grievance.

      If the government didn't silence you personally, you have no grievance.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    101. Re:Kennedy's folly and sad legacy by MightyMartian · · Score: 1

      Huh? Is this some sort of an argument via hyperbole? Granting citizens the right to congregate into larger groups, and for those groups to speak on behalf of the citizens who are members is hardly the same thing as voting rights.

      Look, I can agree that corporations have too much influence, but at the end of the day they are simply congregates off citizens with as much right to express their views or involve themselves in the political process as any other congregate of citizens.

      The "personhood" of corporations, which so far as I'm aware, is a common feature of most democratic jurisdictions, is of a limited kind mainly dealing with the ability to enter contracts or to do with liability or criminal proceedings.

      In other words, corporations, like any group of citizens, has a right under the First Amendment to try to convince you to vote for a specific candidate, but they can't tell you how to vote, nor do they have any right to vote.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    102. Re:Kennedy's folly and sad legacy by SupraTT+GOP · · Score: 1

      Stop it! You'll give the statists a headache.

    103. Re:Kennedy's folly and sad legacy by Red+Flayer · · Score: 2, Insightful

      Actually, if a corporation commits crimes, the CEO, Officers and the BOARD of Directors should be held criminally responsible. I'm not talking about rogue employees, I'm talking about corporate policy and repeated actions.

      Why should owners of the corporation be not liable?

      If you really want corporate behavior to change, you've got to re-link the investors (owners) with the actions (and consequences of those actions) done by the corporation.

      The way it stands now, corporate officers and directors are scapegoats for owners. This is one reason why they get paid such a ridiculous amount -- if the shit hits the fans, it's the officers and directors who are in the legal line of fire, while the owners merely take a hit to their portfolios.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    104. Re:Kennedy's folly and sad legacy by Score+Whore · · Score: 1

      If you can believe NPR, then the spending enabled by Citizens United is only 10% of the total spending. So seeing numbers like 1.5 billion in the context implied by the summary is pretty misleading.

    105. Re:Kennedy's folly and sad legacy by mdarksbane · · Score: 1

      Yes, if you have something unpopular to say you should most definitely have to identify yourself to say it. Not to mention giving out your address, so people know where to find you when they want to intimidate you. While you're at it, how about we make all speech on the internet require your real name, and get rid of anonymous voting as well!

      This country was built on anonymous speech. The Federalist papers are only one example.

    106. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      Corporations are nothing more than groups of people. It's absurd to say that an individual has the right to anonymous speech UNLESS he bands together with other like-minded individuals.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    107. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      Fahrenheit 9/11 was in theaters and later on DVD. Were it to be a paid programming message on TELEVISION, there MIGHT have been an issue.

      Which is absurd. Why should the state have the power to regulate the manner in which political speech can take place in the 30 days preceding an election?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    108. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1, Insightful

      I see no reason to allow corporations to have the ability to speak on political issues.

      You do realize that the NRA, AFL-CIO, ACLU, Sierra Club, AARP, etc, are all corporations, right?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    109. Re:Kennedy's folly and sad legacy by Daniel+Dvorkin · · Score: 2, Informative

      The argument isn't over what "shall make no law" means, it's over what "freedom of speech" means. The common assumption, and what the 1st Am. almost certainly means, is that freedom of speech is a right of individuals, not corporations.

      I don't give a good goddamn what was written over a century ago into a Supreme Court decision about a railroad company by a court clerk (who had, by an astonishing coincidence, a substantial financial interest in that same railroad company.) Corporations are not people, and they have no rights. They are legal fictions created and maintained on the suffrance of the government. Anyone who claims to love liberty but does not acknowledge this is a liar, ready and willing to sell his last shred of freedom and integrity to the highest bidder.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    110. Re:Kennedy's folly and sad legacy by DavidTC · · Score: 2, Insightful

      Indeed.

      Here's a fun question for people who think corporations have 'rights': Corporations have to have stated businesses purposes that are authorized by the state.

      The state can dissolve corporations that do not follow said purpose. In practice, they only do this to non-profits, as the stated purposes of for-profit businesses is generally 'make money', but in actuality they can do it to any corporation.

      What if the state refused to allow such corporations to exist that either a) stated they were for using raised money for political purposes, or b) used money for those purposes without stating it?

      The second is clearly allowed...the government can dissolve businesses that spend their money on anything outside the scope of a business. Try starting a corporation and having it pay for your vacation. You can't do that, so why would it be allowed to pay for political campaigning?

      Businesses have to spend money on businesses expenses, even if it's 'your' business. You want to do something with the money, the business has to pay you income or dividends or something, and then you can do it.

      As for the first, a business with the hypothetical goals of pushing an political agenda...well, firstly, such for-profit businesses don't exist, or at least aren't really the giant multi-national businesses that have injected so much money in our political process.

      But an argument could be made that, if they do have that as a business goal, then running political ads is a 'business expense'.

      Of course, governments don't have to approve business licenses in the first place. So could just decide not to allow any business with political goals they don't like.

      You fools see the problem of a government created entity having free speech rights? The government has power of life and death over corporations already, for pretty much any reason. The idea that a fictional entity the government creates has 'rights' the government can't infringe is sheer nonsense.

      Frankly, I'm wish Al Franken's bill would get considered again. It required businesses to get permission from all owners before doing political campaigning. (It is, after all, spending their money, and the internal structure of how a corporation operates is certainly subject to law.) Which would be hilariously impossible in a publicly-traded company.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    111. Re:Kennedy's folly and sad legacy by pixelpusher220 · · Score: 1

      The issue is disclosure. Rich people can afford to create multiple corporations that are *solely* funded by their personal resources. Thanks to Citizens United, now we can't know that those 50 different Corps are actually just one person.

      I realize my post can be construed the same way against Unions and any other 'group'. The disclosure is the important part. I know where Union ads funding comes from so I can know how to take their advocacy. What is Americans for Prosperity's funding? I can't know that now so I can't see how their arguing against an issue might be colored by their particular benefit for that issue.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    112. Re:Kennedy's folly and sad legacy by hedwards · · Score: 1

      Doesn't stop it from happening though. What corporations typically do is catch some press threatening job cuts if whatever they don't like gets passed and I'd be shocked if that doesn't mysteriously increase the opposition to the measure in their ranks.

    113. Re:Kennedy's folly and sad legacy by tbannist · · Score: 1

      Sooner or later somebody always makes the rules.

      Anarchy only lasts until somebody gathers enough power to stop it.

      --
      Fanatically anti-fanatical
    114. Re:Kennedy's folly and sad legacy by hedwards · · Score: 1

      Endorsing isn't a problem. The problem is when outfits like Newscorp go out and manufacture scandals to support their candidates and drown out evidence to the contrary.

    115. Re:Kennedy's folly and sad legacy by DavidTC · · Score: 2, Insightful

      relatively few people who own the corporation

      I believe you mean 'run'. A lot of corporations are owned by a hell of a lot of people, aka, stockholders

      That's why I like Franken's bill, which required all owners of a corporations to agree before political campaigning, thus resulting it being functionally impossible for publicly-owned companies.

      And it's functionally impossible for a reason no one can argue with. If I own stock in a company, I clearly should get a say before they use my money for an expense that isn't slightly a 'business expense'. The company exist to make me money, period. All spending of the company should go towards that goal, period.

      Sadly, people managed to killed that bill.

      It's possible illegal anyway. Witness Murdoch asserting that he used News Corps as a personal piggy bank to make a million dollar donation to a friend.

      That's outright illegal, and in any sane universe ought to result in shareholders winning a lawsuit. Sadly, News Corps in incorporated in Delaware, not in a sane universe.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    116. Re:Kennedy's folly and sad legacy by he-sk · · Score: 1

      That's a very narrow -- and may I say wrong -- definition of a democracy. In today's world, an integral part of a democracy is the rule of law. And if the law says that sheep can't be dinner, then it shouldn't matter how many wolves there are because there's not going to be a vote.

      --
      Free Manning, jail Obama.
    117. Re:Kennedy's folly and sad legacy by khallow · · Score: 1

      Sooner or later somebody always makes the rules.

      Anarchy only lasts until somebody gathers enough power to stop it.

      Who said anything about anarchy? A lot of interactions don't need rules, they're the "Work it out among yourselves and no hitting" sort.

    118. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      As are all newspapers and most media in general, BTW.

    119. Re:Kennedy's folly and sad legacy by shutdown+-p+now · · Score: 2, Insightful

      In today's world, an integral part of a democracy is the rule of law. And if the law says that sheep can't be dinner, then it shouldn't matter how many wolves there are because there's not going to be a vote.

      Of course there's going to be a vote - a vote on laws (or rather, on politicians who write laws). If you have enough wolves, the law will just say that sheep are dinner.

    120. Re:Kennedy's folly and sad legacy by hedwards · · Score: 1

      That's bullshit and you ought to know it.

      Endorsements aren't the same thing not even remotely. They're an attempt at guidance as to how to vote on an issue, they typically include an explanation as to why one ought to vote that way and are from a known source. Generally if you've read the NYT often enough to take its endorsement seriously, you've had the opportunity to figure out what bias there is and how to correct.

      As opposed to the new wave of ads that this ruling allowed. There is no explanation, there is no easy way of knowing what the bias is or even really knowing who's really giving the money.

      But your whole line about being "incredibly open to political abuse" is just a bullshit qualifier to justify your corporatist stance on the issue. Corporations already pressure their employees to vote the "right" way by making it publicly known that they might have to make lay offs if a piece of legislation passes.

      But more to the point, that's something which the Republican party does to purposely disenfranchise voters. They kick up this fuss about the SEIU and ACORN as a way of justifying the terror that is voter fraud, even as they look the other way when it benefits them. We had a court case here stemming from the 2004 WA gubernatorial race where the Republican candidate lost by a handful of votes.

    121. Re:Kennedy's folly and sad legacy by tbannist · · Score: 1

      Maybe I'm being pedantic here, but "Work it out among yourselves and no hitting" is still 2 rules, and usually there's a lot of rules that people don't even understand underlie those principles.

      All you need to do is watch an episode of Judge Judy (or equivalent show) to see that "Work it out among yourselves and no hitting" often fails to work out.

      --
      Fanatically anti-fanatical
    122. Re:Kennedy's folly and sad legacy by DavidTC · · Score: 1

      I agree. the government should not be in the business of regulating speech. Because it is unconstitutional to regulate speech.

      Ergo, if a corporation wished to make 'speech', it is unconstitutional for the government to regulate how it operates, because that regulates what speech it makes.

      So no corporation that makes 'speech' must not be regulated in any form, at all.

      However, corporations exist solely because of the government, and thus exist due to 'regulation'. Regulation stating how they operate, even.

      As they exist because of regulation, the fact no one can 'regulate' them means they don't exist.

      So they're going to need to be disbanded. Or something.

      In fact, it's looking like speech's protection is a lot like religion's protection. We've always really interpreted the freedom of speech as 'Congress shall make no law prohibiting the free exercise of speech'.

      Now we've got the implied other half: 'Congress shall make no law respecting an establishment of speech'.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    123. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      Citizen's United is not a citizen

      So I guess the constitution doesn't apply to foreigners then either.

    124. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      Meh....

      If it weren't for anonymous political speech we wouldn't have the Federalist papers.

      Nonsense. Innocent people have nothing to hide.

    125. Re:Kennedy's folly and sad legacy by gpinkham · · Score: 1

      Kennedy has always attempted to be a fair mediator between the left and right impulses on the Court. But he really blew it on this one. His attempt at moderation in this case has taken an already out-of-control problem and made it much worse. This ruling will ensure that individual citizens are forevermore completely and totally drowned out in our government by corporate interests and their puppet foundations/non-profits. It was almost that way *already*, but now the big interests won't even have to *try* to hide their bribery. And, thanks to this, nothing short of a Constitutional amendment will ever stop corporate control of the government now (and good luck getting a 2/3's majority in a Congress owned by those corporations). Thanks Anthony!

      I love the corporate this and corporate that.. you do realize that the public sector unions are spending the most money this election season.. not corporate america..

    126. Re:Kennedy's folly and sad legacy by spiffmastercow · · Score: 1

      No, corporations are well-defined legal entities. Their purpose is to make money, and nothing else. The day you can send a corporation to jail is the day I'll consider a corporation a person.

    127. Re:Kennedy's folly and sad legacy by JesseMcDonald · · Score: 1

      For example Microsoft employees retain their rights, but the actual Microsoft, which is as inanimate as a building, should have no rights.

      What do Microsoft's employees have to do with anything? Employees are not members of the group; they are independent entities with a specific relation to the group. The group's members are the shareholders or partners of the corporation.

      If the owner of MS wants to speak let him speak as *himself* while the building remains silent. If the owner wants to hire lobbyists, let him hire them using his OWN money, while MS money is forbidden from hiring lobbyists.

      I think you misunderstand the meaning of "owner". If the owner(s) of Microsoft speak as a group then Microsoft is speaking; the two are identical. If Microsoft spends money then the owner(s) are spending their own money; what Microsoft owns, they own.

      The idea of corporate personhood can obviously be taken to unreasonable extremes, but as it regards speaking and spending money there is no natural difference between the owners of a corporation doing such things collectively, as the corporation, or simply as individuals with similar interests cooperating for mutual advantage.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    128. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      Individuals, not Corporations, have the right to free and unencumbered speech. For example, candidates for office have no such restrictions on their campaigns.

      However, when corporations pool money and pay no taxes and have no joint liability, that should not be protected by the first amendment.

      Corporations have many benefits afforded to them that individuals do not have. We should not also give them the natural right of freedom of speech.

    129. Re:Kennedy's folly and sad legacy by mdarksbane · · Score: 1

      How is it bullshit?

      How are you supposed to get funding to make a movie with policy implications without going to a corporation, or starting one? So you can't make polical documentaries during an election year, when they might do something?

      It's not just endorsements. If you believe liberals, every single program on Fox News is a political statement. Conservatives will say the same about MSNBC. Should Olbermann be taken off the air because his program is paid for by a corporation?

      Big Media has just as much of an agenda as Big Oil or Big Ag. You can't ban political speech by corporations without playing favorites or banning all speech by anyone who *isn't* a rich individual.

      Keep in mind that the Citizen's United is a *non-profit* corporation who was being prevented from making a documentary!

      Also, no liberal ever mentions it, but CU also struck down limitations on Union spending as well. So the massive UAW, teacher's unions, firemen's unions and general public servant's unions can spend all they want as well - and have been!

      You might also note that this decision only moved things back to the way they were ten years ago! People act as though it's the end of democracy when it's how democracy was conducted for over 200 years! Or were rich, powerful, evil corporations only invented eight years ago?

    130. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      Milton Friedman (the father of modern Libertarianism) advocated that corporations should get out of the business of politics and social concerns altogether, that every dollar earned by the corporation should either be reinvested or returned to the shareholders as dividends. By using this money for non-profit-generating purposes, the company was no longer acting as the agent for its shareholders. It was better, he argued, to return the money to the shareholders, and allow the shareholders to determine which charities to invest in, rather than have the corporation invest in causes that went against the beliefs of some of its agents.

      My MBA professor then proceeded to spend the next 20 minutes explaining how this was a horrible idea, that corporations must spend money on environmentalism and social programs like United Way, but wouldn't this really fix the problem with corporations getting involved in political speech? Corporations are not people, and it is the individual shareholder's right to "speech" by donating the money they receive as dividends?

    131. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      PEOPLE have First Amendment rights.

      Not according to the First Amendment. It written as a restriction on the laws passed by congress. No exceptions. In fact freedom of the press would be meaning less if rights didn't extend to corporations.

    132. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      Individuals, not Corporations, have the right to free and unencumbered speech.

      What happens when individuals band together with like minded individuals under the guise of a corporation? You do realize that most political advocacy organizations are corporations, right?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    133. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 2, Interesting

      No, corporations are well-defined legal entities. Their purpose is to make money, and nothing else.

      You have no idea what you are talking about. The Sierra Club is a corporation. The township that I live in is a corporation. Neither of them have "making money" as a goal. Money is a means to an end for both organizations but it is not the final objective.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    134. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      Requirements for voting a explicitly laid out in the Constitution. As the first amendment is written freedom of speech applies to everyone and everything because it is written as a restriction on what congress can do. It's not a granting of free speech.

    135. Re:Kennedy's folly and sad legacy by Old97 · · Score: 1
      You are naive. The Tribune article to which this posting refers points out that shareholders - the owners - overwhelming oppose political activities and contributions being made by the corporations they've invested in. They want the companies to focus on their economic endeavors. In my mind that's an implied contract. When I invest in a corporation it is to support their economic activities in hopes that I will see a return on that investment. I am neither asked about nor do I consent to any use of that money to advance any political agenda. In all these cases it is management - not the owners - who are taking the shareholders money and putting them in these political causes. If you think shareholders have the power or even the right to fire these managers when they do these things, you'd be wrong about that as well.

      If the owners (shareholders) or the managers want to contribute to political causes from their own funds, fine. That is their right to free speech. It violates my right to free speech when they spend money I invested for economic purposes on their personal political interests.

      --
      Very often, people confuse simple with simplistic. The nuance is lost on most. - Clement Mok
    136. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      Don't forget to buy your Obamacare coverage, lest the IRS toss your ass in jail.

      I'm considerably more concerned about my health tossing me in the hospital, which in turn would devastate my finances, which in turn would harm my family. The real problem with Obamacare is that it doesn't go nearly far enough.

      As government tasks go, I think healthcare is easily on a par with education and sanitation as a basic service that a sane, progress-minded government would want to ensure the public had constant and complete access to.

      And I don't really find it in me to blame Obama for the shortcomings of the current healthcare implementation; that honor I reserve for congress.

      Apologies for for the AC post; I've modpoints and have been applying them in this discussion.

    137. Re:Kennedy's folly and sad legacy by he-sk · · Score: 1

      Except that laws still have to pass a standard, that's the whole purpose of a constitution. And human rights derived from natural (i.e. pre-state) law are at the top. It's either directly spelled out (most modern constitutions e.g. Germany's) or implicit in the founding documents of the state (e.g. the US Declaration of Independence which strictly speaking has no power of law).

      So, if we assume that sheep are still people, then no, they can't be eaten. Otherwise it would not be a democracy.

      --
      Free Manning, jail Obama.
    138. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      They can sue, but that doesn't matter after the election when their pet congressman is in office. Also, you're still overlooking the basic point that CORPORATIONS ARE NOT PEOPLE. Say it with me now, CORPORATIONS ARE NOT PEOPLE. CORPORATIONS DO NOT HAVE RIGHTS. I have no problem with a corporation releasing an endorsement of a candidate, and I'm even willing to let them spread lies. But they must do so under their own brand. Anything else is a blatant ploy to hijack the electoral system.

      s/CORPORATIONS/UNIONS/g

      FTFY.

    139. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      PEOPLE have First Amendment rights.

      The First Amendment doesn't grant the people anything. It simply states that Congress shall make no law concerning religion/free speech/assembly/etc. It does not say that Congress shall make no law concerning those things EXCEPT when the target of said law is a corporation.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    140. Re:Kennedy's folly and sad legacy by khallow · · Score: 1

      Maybe I'm being pedantic here, but "Work it out among yourselves and no hitting" is still 2 rules, and usually there's a lot of rules that people don't even understand underlie those principles.

      Ok, that is true. But my point is that society functions quite well on far fewer rules and regulations than we currently have.

      All you need to do is watch an episode of Judge Judy (or equivalent show) to see that "Work it out among yourselves and no hitting" often fails to work out.

      Judge Judy isn't a rule, she's an arbitrator of final resort. It still doesn't prove a need for the vast web of rules we currently have.

      This sort of dialog routinely frustrates me. The US government currently consumes or redistributes almost a quarter of US GDP (we ignore here state and local contributions, this is just the federal stuff). That's a huge amount of resources and well worth a few billion dollars of bribes to get a significant portion redirected your way.

      Yet a modest proposal to reduce the extent and power of the federal government is met with accusations that corporations will make their own rules and/or this will lead to anarchy. One wonders how society managed to function in the days when the federal government was insignificant.

      Sure it's not the greatest of ideas to revert to the social problems of the 19th century. But there's got to be a better balance between the wants of society and the future of that society than provided by the current US government.

    141. Re:Kennedy's folly and sad legacy by commodore64_love · · Score: 0, Troll

      Fine. Corrected:

      For example Microsoft shareholders retain their rights, but the actual Microsoft, which is as inanimate as a building, should have no rights. It is a THING and things don't have rights, although the individuals inside that thing still retain all their Human rights (to speak, lobby, etc).
      .

      >>>the two are identical.

      No. They aren't. I know Bill Gates is not the "owner" but for sake of argument let's suppose he is. He has the right to speak and hire lobbyists out of his OWN pocket. But Microsoft should have zero right to spend the money out of its own Treasury, because MS has no more rights than a building. It's a Thing not a person.

      Humans rights are for humans. Not things.
      Bill Gates is a human. He has rights.
      Microsoft is a thing. It does not.

      Unless you want to continue watching Congress STEAL your taxpayer money in 700 billion dollar bailouts? Because that's what the current system has created. It has become "We The Corporations" and "The Bill of Corporation Rights" while the human beings no longer matter.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    142. Re:Kennedy's folly and sad legacy by pixelpusher220 · · Score: 1

      note the quotes around vote in my post. It wasn't meant to be literal. However, in the court of public opinion it is actually literal because one person can pretend to be 50 different entities and we'd never know about it.

      Transparency solves this.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    143. Re:Kennedy's folly and sad legacy by commodore64_love · · Score: 1

      P.S.

      >>>there is no natural difference between the owners of a corporation doing such things collectively,

      There is another difference. Shareholders often don't agree with the practices of corporations. For example shareholders might not support Microsoft's endorsement of McCain for President (just picking randomly), and yet Microsoft is speaking with one voice as if all ~100,000 shareholders agree. It's misrepresentative.

      -Or- shareholders might not be aware that Microsoft is hiring children to hand-assemble phones in an overseas sweatshop, and yet MS is lobbying in China's government to keep the practice legal. For those reasons (among many), I think speaking/lobbying should be limited to shareholders only..... on a one-by-one basis as individuals. And Microsoft should be muzzled. i.e. It has no privilege to speak - not a right. And said privilege can be severely limited.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    144. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      Meh....

      If it weren't for anonymous political speech we wouldn't have the Federalist papers.

      Or Anonymous Cowards.

    145. Re:Kennedy's folly and sad legacy by bitslinger_42 · · Score: 1

      I used to agree with the idea that corporations shouldn't have rights, but then I read a well-reasoned legal analysis of the Citizens United decision. In that, the lawyer pointed out that certain rights need to be granted to corporations in order to prevent the rights of individuals from being trampled on. One good, clear example of this is the Fourth Amendment.

      If corporations don't have rights, then the government would be able to enter any corporate-owned building to search, at will, and without a warrant. The government could also seize any corporate-owned property (i.e. a laptop assigned to an employee under investigation), monitor any corporate-owned resource (all of AT&T's telephone wires, anyone?), etc.

      The takings clause of the Fifth Amendment should apply, as well, otherwise the government could simply seize any corporate asset at will without compensating the corporation and, by extension, the shareholders.

      First Amendment-wise, corporations have a certain amount of rights. Without these rights, the government would be able to censor what corporate-owned media could print/say, which WOULD be a direct infringement on the individual right of free speech of the writer.

      Corporate personhood is fraught with peril, though. Corporations cannot be sent to prison. They cannot be executed, at least not in the conventional firing-line sense. They are, effectively, immortal, which means that they can do things like attempt to draw out lawsuits so long that the opposite party can't proceed since they're no longer alive. They have, by their very nature, the potential of having significantly greater resources at their disposal than any one individual. Because of these inequities, there really should be some form of legal restraint to balance the equation. Unfortunately, it would most likely take a Constitutional amendment to achieve such balance, which is almost certainly not going to happen, especially after Citizens United legalized unrestricted funding of Congress-critters.

      So, while I disagree with the result of Citizens United, I can understand the logic that the SCOTUS used to reach that decision. Within the framework that they have to work with (i.e. the Constitution and SCOTUS precedent regarding corporate personhood), this was the only decision that could be made without attempting to draft law from the bench.

    146. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 1, Insightful

      And in every issue the names of the Editors and Publisher are printed plain as day.

    147. Re:Kennedy's folly and sad legacy by Danse · · Score: 1

      I see no reason to allow corporations to have the ability to speak on political issues.

      You do realize that the NRA, AFL-CIO, ACLU, Sierra Club, AARP, etc, are all corporations, right?

      Sure, and I'm fine with it applying to them as well.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    148. Re:Kennedy's folly and sad legacy by AigariusDebian · · Score: 1

      Don't forget the firefighting and police, military and jails. ;)

      There is plenty of recent evidence of how lax, dangerous and useless these systems become when they are given over to private for-profit corporations.

    149. Re:Kennedy's folly and sad legacy by Exoman · · Score: 1

      PEOPLE have First Amendment rights.

      The First Amendment doesn't grant the people anything.

      I'm sorry, but I find this statement completely absurd. The bill of rights is precisely about rights for the people.

      Corporations do not breathe. They do not require clean water and clean air to survive. They cannot be put in prison. Are corporations people? No. Their "personhood" is based on figurative legal fictions.

      To say that the 1st amendment doesn't grant people specific rights seems disingenuous to me.

    150. Re:Kennedy's folly and sad legacy by Archangel+Michael · · Score: 2, Interesting

      Oh, I'm for the corporate death penalty too. Seize all assets, auction them off, use the funds to pay liabilities and put the rest in a victim compensation fund.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    151. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      I'm sorry, I didn't realize you were still supposed to retain control of your money after you used it to buy something. They gave you the fucking carpet,

      There's no good reason why a for-profit corporation should be able to donate to political campaigns or fund political advertising. Those corporations have only their own interests in mind, and not those of the country, or even their own employees. The individuals that make up the corporation each have the right to free speech and to donate to political causes. Why should a legal protection scheme called a corporation have that right?

    152. Re:Kennedy's folly and sad legacy by flaming+error · · Score: 1

      > The Corporation only has the powers of the individuals that own it.

      Not sure what you mean there.

      Thanks to SCOTUS past and present, a "corporation" is now a (potentially immortal) "person" in its own right.

      A special kind of "person" with all the freedoms of a citizen and none of the responsibilities.
        - That rarely pays income taxes anywhere nearly proportional to its revenue.
        - That can't be incarcerated, or executed, or even really be convicted of any crimes it commits.

      A "person" whose profits are private and whose risks are socialized.

      A "person" whose voice is amplified over humans in proportional to its corporate income vs median family income.

      Think about it. A corporation can literally get away with murder. A corporation could assassinate someone, get caught, and then two or three employees would get fired and punished while the corporation itself could carry on without missing a step.

    153. Re:Kennedy's folly and sad legacy by AigariusDebian · · Score: 1

      Yes, and still there are limits to individual contribution to such PACs and requirements of transparency from them. Which do not exist for other businesses. If I donate money to a specific PAC, it is reasonable to expect that it is my wish that this PAC spends this money furthering its political agenda.

      However, if I go and eat at MacDonalds, it does NOT mean that I have now expressed a wish for the board of MacDonalds to spend the profit they gained from me on their personal political agenda.

      Money is not speech. Contribution of money to political purposes is very restricted.

      You can speak all you want, but you can not use more money to do the speaking than allowed by the limits. And it is kinda hard for a corporation to do much speaking in the 2500$ allowed. And so it should have stayed.

    154. Re:Kennedy's folly and sad legacy by JackieBrown · · Score: 1

      I don't get how newspaper can endorse candidates and claim to be neutral parties that are interested in reporting the truth.

      The New York Times would not need to donate money since they are publishing the "facts" and decides what gets printed.

    155. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      So you are fine with muzzling the speech of everyday Americans that don't have the resources or time to champion their issue on an individual level?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    156. Re:Kennedy's folly and sad legacy by JackieBrown · · Score: 1

      Would you please use caps lock more so I can be absolutely sure that you are a nut?

    157. Re:Kennedy's folly and sad legacy by AigariusDebian · · Score: 2, Insightful

      It is actually all about money.

      Imagine party A plans to make a law that would tax the ultra-wealthy more and give some tax breaks to middle and low income earners, but party B would like to do the opposite.

      A few hundred millionaires can easily communicate and coordinate to make a company and write a 5 million USD check each to campaign against party A so that the law is stopped, because they know that this is less than half of what this law will cost them each year. And they can easily afford doing that.

      The couple hundred million people with low to medium income on the other hand have it much harder to organize and can't really afford to make companies or donate much to politics, because they need to put food on the table.

      Citizen United ruling makes it possible for a few hundred millionaires to out-spend and out-campaign the few hundred million other people. It allows 0.01% of people the power to freely and anonymously manipulate and basically buy the political process against the interests of the overwhelming majority of 99.99% of the population. That is NOT right.

    158. Re:Kennedy's folly and sad legacy by Danse · · Score: 2, Insightful

      Dude, the freedom of speech is not the same thing as the freedom to lie about your identity.

      So you don't think that anonymous political speech is protected by the 1st amendment? Why aren't you posting under your real name then?

      There's a difference between anonymous speech and deceptive speech. I have the right to free speech, but that doesn't give me the right to slander someone. Nor does it give me the right to lie to a judge or other state representative. Why should a corporation be allowed to be involved in politics at all? Every owner of the corporation has that individual right, but the corporation itself is a government-created entity that exists only as a liability shield for the shareholders of the corporation. I see no reason why that should give it the right to take actions to influence the political decisions of the country.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    159. Re:Kennedy's folly and sad legacy by JackieBrown · · Score: 1

      Is it only me who thinks that there is no way a Supreme Judge could be "naive"?

      http://en.wikipedia.org/wiki/Elena_Kagan

    160. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      They don't have a right to vote because it's explicitly laid out in the constitution. Legal immigrants don't have the right to vote but they do have a constitutionally protected right to free speech. And corporations can bear arms.

    161. Re:Kennedy's folly and sad legacy by scruffy · · Score: 1

      You set a threshold or some formula based on polls. In addition, you allow candidates to choose private or public funding, but you don't allow private funding to overwhelm public funding (the problem with our current public funding of Presidential campaigns). To avoid some freedom-of-speech issues, you would increase public funding if the privately funded candidate "overspends".

    162. Re:Kennedy's folly and sad legacy by spiffmastercow · · Score: 1

      True enough.

    163. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      Corporations are nothing more than groups of people. It's absurd to say that an individual has the right to anonymous speech UNLESS he bands together with other like-minded individuals.

      They can "band together" all they want. They just can't use a government-created legal liability shield, created to facilitate commerce, as a method of directing funds raised through normal business activities into activities aimed at political influence. I notice that you also assume that a corporation is a group of people "banding together" for a common purpose. This is true in one sense, as it is done to make a profit. It's not at all true that all those people who own or work for a corporation have any say at all in who that corporation donates money to. That's a complete distortion of the facts.

    164. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      I see no reason why that should give it the right to take actions to influence the political decisions of the country.

      Show me the part of the Constitution that says Congress can make laws concerning speech when said speech originates from a corporation. You won't find such a section. The 1st amendment is clear as day, Congress shall make no law.....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    165. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      There is plenty of recent evidence of how lax, dangerous and useless these systems become when they are given over to private for-profit corporations.

      And yet the Democrats "fixed" our health care system by mandating that everyone purchase insurance from private for-profit corporations or else the Government will punish you.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    166. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      However, if I go and eat at MacDonalds, it does NOT mean that I have now expressed a wish for the board of MacDonalds to spend the profit they gained from me on their personal political agenda.

      I wasn't aware that you retained the right to determine how McDonalds spends "your" money after you give to them in exchange for a not-so-tasty hamburger.

      BTW, there is a solution to this problem. If you don't like how McDonalds spends it's profits then you don't give them your money. See how easy that is?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    167. Re:Kennedy's folly and sad legacy by publiclurker · · Score: 1

      You know , you couldn't have created a better non-sequiter if you tried. No wonder you are embarrassed to be associated with such a load of bull.

    168. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      The common assumption, and what the 1st Am. almost certainly means, is that freedom of speech is a right of individuals, not corporations.

      Except it doesn't say that. It simply says that Congress shall make no law abridging the freedom of speech.

      The notion that I have free speech as an individual but not when I band together with other like-minded individuals is absurd and offensive.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    169. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      The bill of rights is precisely about rights for the people.

      No, the Bill of Rights is about making it harder for the Government to infringe on our preexisting natural law rights. It does not "grant" us anything.

      Are corporations people?

      Corporations are made up of people which can not be denied their free speech rights merely on the basis of grouping with others for a common cause.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    170. Re:Kennedy's folly and sad legacy by JesseMcDonald · · Score: 1

      I know Bill Gates is not the "owner" but for sake of argument let's suppose he is. He has the right to speak and hire lobbyists out of his OWN pocket. But Microsoft should have zero right to spend the money out of its own Treasury, because MS has no more rights than a building. It's a Thing not a person.

      I think you're still missing the point. If Bill Gates is the owner of Microsoft then Microsoft's treasury is Bill Gate's treasury, whether he is acting as owner of Microsoft or just as himself. As you have repeatedly pointed out, corporations aren't people, so they can't actually own anything; the assets which "belong" to the corporation actually belong to the corporations' owner(s).

      If Bill Gates owns Microsoft then Microsoft is Bill Gates, and it makes no sense to talk of rights Bill Gates has but Microsoft does not. Similarly, as any public corporation is owned by its shareholders, the corporation is its shareholders, and it makes no sense to speak of rights the shareholders have as individuals which they cannot exercise while acting as a group, i.e. as the corporation.

      A corporation is not a distinct, independent person in its own right, but it is a group of individual shareholders, with all the natural rights those individuals collectively hold.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    171. Re:Kennedy's folly and sad legacy by bendodge · · Score: 4, Interesting

      But the NYT does speak far louder than other entities. It might as well be donating to the candidate when it provides them free services.

      On the playground we called it cheating.

      I cannot imagine how a playground analogy can be applied here. There is no playground parallel to mass media that I can think of./quote

      --
      The government can't save you.
    172. Re:Kennedy's folly and sad legacy by Steauengeglase · · Score: 1

      So now your issue isn't with speech, it's with the SCALE of that speech?

      Woah, stop right there. Lots of assumptions considering I haven't said anything else in this thread, but you know, since I said something you disagree with, I must have obviously contradicted myself. Aggressive are we?

      Show me the text in the 1st amendment that grants private companies the right to commit mass libel via proxy in order to hijack the democratic process.

    173. Re:Kennedy's folly and sad legacy by jd · · Score: 1

      Yes, but unions are outlawed in several States and damn-well nearly in the rest.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    174. Re:Kennedy's folly and sad legacy by jd · · Score: 1

      If corporations must be treated as individuals, in addition to the individuals comprising them, then all corporations have a vote in and of themselves in addition to the vote cast by the members. That sounds dodgy to me.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    175. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      Demonstrate who is committing "mass libel" and "hijacking" the democratic process. Why aren't lawsuits being filed if there's so much "mass libel" going on?

      Why can't people on the left just accept the fact that we have free speech and the typical voter is smart enough to weigh that speech on it's merits (or lack thereof) when deciding how to cast his ballot?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    176. Re:Kennedy's folly and sad legacy by Danse · · Score: 1

      So you are fine with muzzling the speech of everyday Americans that don't have the resources or time to champion their issue on an individual level?

      No, I support them being subject to the same rules that would not allow a corporation set up for the purpose of making a profit for its owners to direct those funds into influencing politics. Regular shareholders don't get a say in that, and that's not the stated purpose of the corporation. If there is a certain class of non-profit corporation that accepts money from people to support a certain political view or philosphy, then I'd be fine with that. It wouldn't be the same type of animal that a regular corporation is though. Individuals could use that to pool their money for the stated purpose. Regular corporations would still not be permitted to donate to political influence activities.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    177. Re:Kennedy's folly and sad legacy by Johnny5000 · · Score: 1

      There's a saying that goes, "Democracy must be something more than two wolves and a sheep voting on what to have for dinner."

      It's also been said that democracy is the worst form of government, except for all the others that have been tried.

      Sometimes the wolves win and the sheep loses (even with appropriate safeguards in place.) That's unfortunate for the sheep, but it's part of the risk of having a vote on anything.

      --
      The libertarian solution to the failures of capitalism is to apply more capitalism til the failures are fixed.
    178. Re:Kennedy's folly and sad legacy by Danse · · Score: 1

      The same part that has people confused about "shall not be infringed".

      People don't know what "no" means anymore; from spoiled kids to congress, "no" is just one of those words that means "you can probably do it anyway".

      Or people have the ability to read and understand English, which gives them the ability to look at the entirety of a sentence and derive its meaning, rather than looking at a word or phrase and trying to exclude the rest of the sentence. Nowhere in the constitution does it provide for free speech by a legal liability shield. The rights of the people are protected. Corporations are not people and their speech can certainly be limited, as their entire existence is a creation of the government.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    179. Re:Kennedy's folly and sad legacy by scot4875 · · Score: 1

      You're being intentionally dense.

      --Jeremy

      (Also, I'm posting under my real name, coward.)

      --
      Jesus was a liberal
    180. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      Since when is a PAID advertisement "free speech?"
      I disagree, because when speech is put on any form of media that someone has to pay for, it is no longer free.

    181. Re:Kennedy's folly and sad legacy by Danse · · Score: 1

      PEOPLE have First Amendment rights.

      Not according to the First Amendment. It written as a restriction on the laws passed by congress. No exceptions. In fact freedom of the press would be meaning less if rights didn't extend to corporations.

      How so? That makes no sense at all.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    182. Re:Kennedy's folly and sad legacy by metrometro · · Score: 1

      Given transparency, consumers and shareholders can influence outcomes. But in the current arrangement, those people will never know which corporations bankroll which candidates, rendering shareholders and consumers useless as a means of accountability. Of course, the elected reps know exactly where their money comes from, and know which policies will cut it off next cycle. That's the corruption.

    183. Re:Kennedy's folly and sad legacy by Abcd1234 · · Score: 1

      I'd be surprised if I read a story of any of these million dollar corporations holding a vote amongst shareholders whether and to whom they should donate a political contribution.

      Actually, if you read the article, you'd discover the *exact opposite* is the case. ie, because of loopholes in the tax code, *shareholders* can't even find out where corporations are donating their money. So much for the corporation being a voice for a group of individuals...

    184. Re:Kennedy's folly and sad legacy by scot4875 · · Score: 1

      This is why the first amendment exists

      ...

      for people. Not random, anonymous, untraceable groups with a specific agenda.

      --Jeremy

      --
      Jesus was a liberal
    185. Re:Kennedy's folly and sad legacy by metrometro · · Score: 1

      Actually, no. It's worse than that. People can and should band together. But a corporation isn't people. It's money controlled by one or more people. And that's not a band. That's more like a fiefdom.

    186. Re:Kennedy's folly and sad legacy by scot4875 · · Score: 1

      Why do you think that we should regulate speech with our election laws?

      Because elections are really fucking important, and "anything goes" is not a very good set of conditions to produce optimal results.

      Unless, of course, you think that our elections should end up looking like WWE productions. Err, wait, they already do.

      --Jeremy

      --
      Jesus was a liberal
    187. Re:Kennedy's folly and sad legacy by Danse · · Score: 1

      The bill of rights is precisely about rights for the people.

      No, the Bill of Rights is about making it harder for the Government to infringe on our preexisting natural law rights. It does not "grant" us anything.

      Are corporations people?

      Corporations are made up of people which can not be denied their free speech rights merely on the basis of grouping with others for a common cause.

      And preventing corporations, whose reason for existence is to create a profit for their shareholders, from directly funding political speech and activities would have absolutely no impact on the rights of all those people to exercise their free speech rights. It just doesn't let the interests of a legal entity, that exists at the government's behest, to be treated as if it were a person. Corporations have no preexisting natural law rights to infringe upon. All of those people who own part of the corporation or are employed by it get no say in how its profits are spent. It is not representing them. Some types of corporations are created specifically for such purposes, and I can see a use for them, as they are basically binding the corporation's officers to use the money in pursuit of the stated goals, whether political or otherwise. They get money from people for those specific reasons and the corporate structure protects those people from having their money used for some other purpose.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    188. Re:Kennedy's folly and sad legacy by zeroduck · · Score: 1

      Because there is supposed to be a separation between the editorial content and the newsroom. The editorial board is responsible for the endorsement.

    189. Re:Kennedy's folly and sad legacy by Abcd1234 · · Score: 1

      Some corporations can. The people who are outraged over Citizens United never found the time to complain when the for-profit New York Times was endorsing political candidates.

      That's probably because the NYT wasn't secretly endorsing candidates through puppet organizations.

      The issue here is, fundamentally, one of transparency. Which is the entire fucking point of the article.

    190. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      And preventing corporations, whose reason for existence is to create a profit for their shareholders

      Citizens United was (is?) a non-profit corporation created specifically for the purpose of political advocacy. Under the law that was struck down they were denied the ability to release their video during the campaign. That is not compatible with free speech no matter how you try and spin it.

      from directly funding political speech and activities would have absolutely no impact on the rights of all those people to exercise their free speech rights

      It does when those people created the corporation for the express purpose of advocating their political position.

      All of those people who own part of the corporation or are employed by it get no say in how its profits are spent

      The people who own part of the corporation get to vote for the Board of Directors. The employees don't have any say in things, why would they?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    191. Re:Kennedy's folly and sad legacy by dcposch · · Score: 1

      Anonymous political speech, yes. That's what the Federalist papers were. That's what WikiLeaks is, and I don't think it's hyperbole to say that WikiLeaks is one of the best things the internet has ever been used for.

      Anonymous political donations are a different thing entirely. The former is an attempt to change government by having a more compelling argument than your opponents; the latter is an attempt to change government by having more money than they do.

      Incidentally, that money goes to TV ads, newspaper ads, billboards, door-to-door canvassing, etc--the IRL equivalents of spam. So the difference between anonymous political speech and anonymous political donations is like the difference between writing a blog and hiring a botnet to send spam.

    192. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 3, Insightful

      Regular corporations would still not be permitted to donate to political influence activities.

      So my local grocery store isn't allowed to publish a flier detailing how the new zoning law will impact them and their customers unless they go through the hassle of setting up a separate corporation for this purpose?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    193. Re:Kennedy's folly and sad legacy by SatanicPuppy · · Score: 1

      Actually, it's exactly the opposite. If you get enough signatures to get on the ballot, then you qualify for public funding. So third parties are on an equal footing for funding, which would give them a much better chance.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    194. Re:Kennedy's folly and sad legacy by scot4875 · · Score: 1

      Except in this case, we have a few really rich wolves spending a whole shitload of money convincing the sheep that they really are wolves, and should vote against themselves.

      --Jeremy

      --
      Jesus was a liberal
    195. Re:Kennedy's folly and sad legacy by fortfive · · Score: 1

      "...prohibited Citizens United from publishing a film...within a certain timeframe[.] Such a law is not compatible with the 1st amendment..."

      I believe that in fact the Supreme Court has ruled repeatedly that managing the time, place and manner of speech does not violate the first amendment. Think "Free Speech Zones" where protesters are corralled at conventions and GATT meetings, etc.

    196. Re:Kennedy's folly and sad legacy by Blakey+Rat · · Score: 3, Insightful

      A bigger problem is that money == votes. How did that happen? People see a TV ad and their brain shuts down? They become incapable of deciding for themselves because, hey! TV!

      In an ideal world, candidate spending wouldn't matter because voters wouldn't be influenced by it. We should keep that in mind as well, if we fixed that problem the problem of corporate spending on candidates just evaporates.

    197. Re:Kennedy's folly and sad legacy by NiteShaed · · Score: 1

      I think you're still missing the point. If Bill Gates is the owner of Microsoft then Microsoft's treasury is Bill Gate's treasury, whether he is acting as owner of Microsoft or just as himself.

      No, that's incorrect. Bill Gates (from the example) created the entity of Microsoft to operate as a business. As such, if your copy of Windows injures you, you can't sue Bill Gates, you can sue Microsoft. Bill Gates' treasury is whatever is in Bill Gates bank account, he can not simply start spending Microsoft's money on hookers and blackjack.

      Similarly, as any public corporation is owned by its shareholders, the corporation is its shareholders, and it makes no sense to speak of rights the shareholders have as individuals which they cannot exercise while acting as a group, i.e. as the corporation.

      If those shareholders want to speak out politically, as a group, they can form a PAC to do so, but the corporation is not structured or intended to be a force-multiplier for the shareholders political ambitions, it's structured intended to make software/make widgets/sell shoes/whatever.

      A corporation is not a distinct, independent person in its own right, but it is a group of individual shareholders, with all the natural rights those individuals collectively hold.

      That's not exactly true. The corporation is set up to be an independent entity, which, among other things, shields the shareholders from personal liability for its deeds. If you're going to dissolve the distinction between that entity and the shareholders for the purposes of political speech, why can't I dissolve it and sue each individual shareholder in a company for liability if the corporation's product injures me?

      --
      Some bring out the best in others, some the worst. Some bring out far more.
    198. Re:Kennedy's folly and sad legacy by ContractualObligatio · · Score: 1

      The biggest gang wins. That what Democracy is.

      I would've sworn that was mob rule. This recent decision to give the "gangs" rights certainly keeps the US at the very forefront of democratic experimentation.

      As a legal convenience .. The AARP is a corporation. The NEA is a corporation. The AFL/CIO is a corporation. The NAACP is a corporation.

      True, true. So, your democratic philosophy is one of gangs and legal conveniences. I've got to admire the inventiveness. It would never have occurred to me to look at it that way.

      As a Brit, it's fascinating to watch the direction the US is taking. When the colonies declared their independence, they were all about "self-evident truth" and "unalienable rights". We were awfully put out. But it turns out, they're just as keen as us to find ways to ensure hereditary power. We really shouldn't have worried.

    199. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      Did you read the oral arguments or do you get all of your information from Keith Olbermann and Rachel Maddow?

      Well that was pathetic. Of course a link to the American Bar Association is just like a link to Keith Olberman! Try addressing the actual information instead of simply trying to label someone. That was just weak.

    200. Re:Kennedy's folly and sad legacy by shutdown+-p+now · · Score: 1

      Except that laws still have to pass a standard, that's the whole purpose of a constitution.

      Yes, and the Constitution can be changed (by voting!), too. There is no limit on that in US. It takes more than a simple majority, sure, but it's still a vote, and it is perfectly possible to vote out other people's rights that way.

      So, if we assume that sheep are still people, then no, they can't be eaten. Otherwise it would not be a democracy.

      The definition of democracy is not "people voting for things, except when they decide something I don't like".

      Say, for example... Some US states have laws punishing some things with death penalty. Now, quite obviously, the fact that something is a crime is because the law says so (and the law is indirectly voted on), and the fact that a particular crime is punished by death is also because the law says so. Can you coherently explain how this situation is fundamentally different from wolves and sheep, except that here we have three sheep voting to have the wolf's skin for their rug?

    201. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      The individual citizen is always going to be drowned out in a democracy. The biggest gang wins. That what Democracy is.

      You make it sound like that's the kind of democracy that countries practice. Wrong. No country practices such a democracy, for that very reason: that the biggest gang could win. The US, for instance, is a "Federal constitutional presidential republic." The "constitutional" part means that the biggest gang is restricted from winning if what they want goes against the constitution. This is what the constitution is. The constitution, for instance, could (hypothetically) restrict the ability of corporations to influence the outcome of elections.

    202. Re:Kennedy's folly and sad legacy by Danse · · Score: 1

      Citizens United was (is?) a non-profit corporation created specifically for the purpose of political advocacy. Under the law that was struck down they were denied the ability to release their video during the campaign. That is not compatible with free speech no matter how you try and spin it.

      Had they raised that money only from donations by individuals rather than for-profit corporations, I wouldn't have a problem with it. Otherwise they are just acting as a mouthpiece for for-profit corporations.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    203. Re:Kennedy's folly and sad legacy by Fjandr · · Score: 1

      People who choose to assemble as a corporation gain certain privileges while losing certain rights (and then only when acting in their capacity as corporate officers). Corporations exist at the pleasure of the jurisdiction they are chartered in. In order to have rights extending from mere existence, one must first have a right to exist. Corporations have no such right; they have only privileges granted by the laws they are incorporated under.

      If a group of people wishes to retain full use of their rights when operating as a group, all they simply need do is operate together. This requires no lawyer to accomplish, and does not subject them to limitations of the laws of incorporation. In order for the group to be legally recognized as an entity, that requires certain trade-offs. A given individual no longer necessarily has complete, legal control of assets that they would retain as an individual. They no longer necessarily have the right to refuse to divulge financial information (lots of corporations require regular regulatory filings merely for the pleasure of existing at all). A corporation exists legally only insofar as the legal jurisdiction it was incorporated allows it to exist. It has whatever powers that jurisdiction grants it. Or, at least they did up until a point when they were declared full persons by the US Supreme Court. It's only a matter of time before corporations start fighting for the right to actually cast ballots, even though they already cast powerful votes with their treasuries.

    204. Re:Kennedy's folly and sad legacy by Pseudonym+Authority · · Score: 1

      The Supreme Court is free to change their mind. They once ruled that segregation was legal, and then later changed their minds.

      Not exactly. Plessy v. Ferguson established that segregation was legal if it was Separate, but Equal. And Brown v. Board of Education did not overturn that, it said that because the it was not equal, it was unconstitutional, not that the concept of segregation was unconstitutional.

    205. Re:Kennedy's folly and sad legacy by Fjandr · · Score: 1

      Sadly, the downside of either position was bound to come to pass. With specific rights codified, the government disclaims any others and seeks to limit the rights based on changes in how the exact words are understood (and despite the clear existence and meaning of the 9th and 10th amendments).

      Where those rights not codified, they also would have been lost. The government would have used the lack of explicit protections as a means for unlimited expansion of the powers granted them in the Constitution. Actually, they have expanded those in an almost unlimited manner anyway. The worst of both worlds was fairly easy once they stopped recognizing the existence of the 9th and 10th amendments. The fact that the vast majority of people are lazy (from the standpoint of doing anything about issues not clearly, immediately, tangibly, and directly affecting them at this exact moment) only helped the process along.

      Anonymous Coward's comment above shows that he/she doesn't understand why the Bill of Rights exists, and also clearly demonstrates what those who argued against its inclusion were afraid of.

    206. Re:Kennedy's folly and sad legacy by Danse · · Score: 1

      I see no reason why that should give it the right to take actions to influence the political decisions of the country.

      Show me the part of the Constitution that says Congress can make laws concerning speech when said speech originates from a corporation. You won't find such a section. The 1st amendment is clear as day, Congress shall make no law.....

      Again, the Constitution and its amendments apply to the people, not to laws that allow for the shielding of assets. Corporations are not people, and therefore have no inalienable rights. They are a creation of the government and have only the rights that the government grants them. The First Amendment has nothing to do with it.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    207. Re:Kennedy's folly and sad legacy by Fjandr · · Score: 1

      I'd replace "employee" with "shareholder," but otherwise essentially agree with you. Corporations do not exist for the benefit of their employees, unless the employees are also shareholders. Corporations exist for the benefit of their shareholders, and the voting power tends to be concentrated in just a handful of those (at most).

    208. Re:Kennedy's folly and sad legacy by Fjandr · · Score: 1

      No, you're spot-on in regard to the spirit of what "rights" are in the US: They are considered inherent within an individual, and as such cannot be transferred to another. You can give temporary power to another, but you cannot ever give away rights (though you can be stripped of some as an end result of certain extensive legal actions).

      Realize, the above is not how it is in practice, but rather the ideal. In practice, government in the US routinely deprives people of rights unjustly and allows others the exercise of powers as if they were rights.

    209. Re:Kennedy's folly and sad legacy by hr+raattgift · · Score: 1

      Why should owners of the corporation be not liable?

      They may be. "Corporations" usually mean "Limited Liability Companies" where generally the maximum liability any shareholder faces is the value of his or her share(s). Other forms of incorporation have different (or even *no*) limit on liability on the shareholders, proprietors, or whatever they may be called.

      There are corporate entities wherein the shareholders really do face *no* liability - they are almost all charities.

      The grant of incorporation by the relevant head of power (a state, the United States) will almost always impose conditions on the corporate entity, and will generally allow -- even encourage -- the registration of rules under which the corporation will act but cannot change without the consent of the relevant head of power. These rules are variously called a corporate charter, a corporate constitution, and a number of other expressions.

      If you really want corporate behavior to change, you've got to re-link the investors (owners) with the actions (and consequences of those actions) done by the corporation

      Some jurisdictions have imposed a "no politics" rule on limited liability companies; this can be done by statute or by regulation. Other jurisdictions hand out limited liability much more sparingly than, for example, Delaware. That, and the commerce and full faith and credit clauses, is a big reason most large U.S. companies incorporate there.

      It's unlikely that the courts would read in a "no politics" rule, even if one of the parties made a persuasive case that (a) they could and (b) they should. Courts are also unlikely to revoke corporate charters (or grants of limited liability) in the absence of primary legislation from the relevant head of power making it clear that the courts may do so.

      Additionally, there is an agency problem involved in "tying" owners to corporate action more deeply than the value of the share. In large publicly traded LLCs there will almost certainly be a large number of shares held indirectly via a mutual fund or some sort of trust. Moreover, "publicly traded" implies that shares do actually change hands with some frequency. At the time of some hypothetical final judgement against such a corporation, which natural persons should be "tied" to the judgement? What should the liability be of someone invested in a large market-tracking fund that happened to (maybe even indirectly) control some shares for a while during the period covered by a finding of civil liability or criminality?

      "Fractionating" the liability is certainly possible in the broadest sense, and the cost of this could be borne by the parties ultimately "tied" to the judgement. As these costs might far exceed the money in a final judgement, many investors would think very hard about ever investing into *any* limited liability corporation, just as they now avoid structures in which there is unlimited joint and several liability for each investor.

      Indeed, limits to liability were founded precisely to encourage investment, and it very clearly worked.

      Undoing that might not necessarily be a bad move overall, but it would be a hugely important one with many unpredictable consequences.

    210. Re:Kennedy's folly and sad legacy by Fjandr · · Score: 1

      Damn straight. I'm all for corporations being liquidated if convicted of repeated or gross malfeasance.

      I know that some libertarians worship at the corporate altar, but I see that as being inconsistent with a libertarian perspective. Corporations are entities of the State, and exist solely for the purpose of making money. If they commit crimes, everyone who owns stock should pay based on the percentage of stock they hold; after all, a corporation can only be punished financially. Liquidate everything, pay off the fines and judgments, and the shareholders get what's left over according to the number of shares they held. That is consistent with personal responsibility. Stock traders would actually research the ethics of companies and their officers, major shareholders would have an enormous vested interest in making sure the company was on the up-and-up, etc.

      There is no reason to fear investing in a company that is evil, so long as it is not actually engaged in investment fraud. That's really the only modern situation where investors can actually lose their shirt. Even then, executives still make out like bandits. There needs to be real accountability for corporate malfeasance, and the corporate death penalty would do that.

    211. Re:Kennedy's folly and sad legacy by trawg · · Score: 2, Insightful

      If you ever talk to a lawyer about a contract in which the other party has left a clause in there that says "oh, this is just something we need to keep in there, but don't worry - we'd never actually USE it", I guarantee your lawyer will advise you that if that's what they're saying, then you should get that clause removed. Because if they're saying now they're never going to draw on it, but they want to leave it in anyway, it's because one day, they want to have the ability to use it.

      Our lawyers have always advised us in contract negotiations to keep an eye out for anything like this and make sure those things are removed - the entire point of a legal contract is to clearly outline what you can and can't do, so we ensure people we sign contracts with put their money where their mouth is and that we don't have to rely on their "word" when it comes to enforcing selective clauses.

    212. Re:Kennedy's folly and sad legacy by Daniel+Dvorkin · · Score: 1

      It simply says that Congress shall make no law abridging the freedom of speech.

      In the case of corporations, there is no freedom of speech to abridge. Saying that campaign finance laws infringe on the free speech rights of corporations is like saying that quarrying infringes on the rights of rocks to a fair trial.

      The notion that I have free speech as an individual but not when I band together with other like-minded individuals is absurd and offensive.

      No campaign finance law has ever taken away your freedom of speech, or that of your coworkers. No matter who you work for, you are always free to say, "I'm voting for candidate X," or "As an employee of corporation Y, I think candidate Z would be a disaster in office." You can contribute as much of your paycheck to whatever political cause you choose, and you have always been free to do this. Stop pretending that Citizens United had anything whatsoever with people exercising their rights. It didn't, and you know it.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    213. Re:Kennedy's folly and sad legacy by WildBlueYonder · · Score: 1

      No, that's the Electoral College.

    214. Re:Kennedy's folly and sad legacy by Fjandr · · Score: 1

      Corporations are bound to whatever limits the law allowing their incorporation says they are. The entity gives up certain rights in order to be an immortal shield for those working under it. The jurisdiction of incorporation should have in their power the ability to require any terms they want in exchange for the power of incorporation, including saying "You cannot be involved in politics."

      If groups want to get together for political purposes, they are free to do so. They shouldn't get to use a corporation to shield them from liability for their actions, or to hide who they are. Corporations also shouldn't be used to allow a small number of major shareholders to use the funds from a huge number of essentially powerless minor shareholders to purchase politicians.

      Or, if they are allowed, there should be a non-taxable (for the shareholder), non-deductible (for the corporation) dividend that can be exercised by any shareholder any time a corporation makes a political contribution. It would be for the amount of the contribution divided by the number of shares held by the shareholder, with a minimum payout of a dollar.

    215. Re:Kennedy's folly and sad legacy by jafac · · Score: 1

      The FCC can say what frequency, and when, and how much profanity can be in a political message broadcast on any given network.

      The FCC's regulations, in turn, create a scarcity of a resource, that distorts the market such that there is a price for airtime, thus necessitating campaign contributions.

      I don't see that the federal government prohibiting a political film release within a certain time-frame, as ANY DIFFERENT, than what it already does through the FCC. Regulation of spending money has FUCK ALL to do with regulation of any individual's right to political speech.

      There is a huge difference between paid access to mass media messaging, and our individual right to say whatever the fuck we want to say.

      SCOTUS's failure to unwind this very simple logical fallacy, has completely and utterly fucked everything this nation every stood for.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    216. Re:Kennedy's folly and sad legacy by Miseph · · Score: 1

      Citizens United is perhaps the single clearest example of judicial activism in US History.

      They were absolutely correct to strike down the rule as overbroad and stifling, "Hillary: The Movie" never should have been blocked, and that portion of McCain-Feingold was obviously flawed. Basically everyone familiar with Constitutional Law, on both sides, knew that was going to happen and virtually everyone agreed with it. Had they made the ruling thus, there wouldn't be an issue.

      Instead, they went WAY beyond that, and ruled that a) corporations are equivalent to individual, private citizens, b) spending money is equivalent speech, ergo c) corporations must be allowed to spend infinite amounts of money anonymously on political advertising. This rather obviously goes well beyond the narrow scope of interpreting the law as written by congress, and is an extremely blatant act of 'legislating from the bench".

      Given where it came from, this would be fucking hilarious... if it weren't so horrific.

      --
      Try not to take me more seriously than I take myself.
    217. Re:Kennedy's folly and sad legacy by hr+raattgift · · Score: 1

      I think it's unlikely that any court would agree that a private company could face dissolution by an executive branch without being able to challenge that dissolution in a court of law. Do you think denying a company its day in court is just?

      Private companies already appear before courts in matters of contract dispute, tort, taxation, and so forth, as both plaintiff and defendant. A company puts its case before the court just like any other party, or indeed The People (for instance).

      Companies do not have the same rights (or duties) as natural persons. They cannot sit on juries, for instance.

      However, they appear to have the right to due process, which conflicts with:

      The idea that a fictional entity the government creates has 'rights' the government can't infringe is sheer nonsense.

      ... assuming you mean the executive and legislative branches of government. Obviously their rights can be "infringed" by the courts, since that is what courts are given the authority to do, when to do so is just, reasonable, proportionate and lawful, and only when a uniform and fair process has been followed.

      This is not to say that the courts will (or should) always side with a private company when one of the other branches of government seeks to interfere with their activities, nor that the balance between the rights of the relevant corporate persons (The People of the United States is also a corporate person, for example) are in a static or even desirable balance presently.

      Of course, governments don't have to approve business licenses in the first place. So could just decide not to allow any business with political goals they don't like

      Do you think that's just? Would it be OK for the agency that grants incorporation in a state to deny incorporation to a group of businesspeople because one of the proposed directors is black, or is a registered Democrat?

      If it's better to be "blind" to such matters at the time of granting of limited liability status or other benefits of incorporation, why abandon that "blindness" afterwards?

    218. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      I can't believe that the founders, facing a rebellion against a major world empire, would be so unthinking as to imply the mindlessness of blind obedience guaranteeing logically valid law. From the KJV Bible: 18:011:002 Should not the multitude of words be answered? and should a

                            man full of talk be justified?
      18:013:018 Behold now, I have ordered my cause; I know that I shall be

                            justified.
      23:043:009 Let all the nations be gathered together, and let the people

                            be assembled: who among them can declare this, and shew us

                            former things? let them bring forth their witnesses, that they

                            may be justified: or let them hear, and say, It is truth.
      40:012:037 For by thy words thou shalt be justified, and by thy words

                            thou shalt be condemned.
      42:007:035 But wisdom is justified of all her children.
      45:003:028 Therefore we conclude that a man is justified by faith without

                            the deeds of the law.
      56:003:007 That being justified by his grace, we should be made heirs

                            according to the hope of eternal life.
      59:002:024 Ye see then how that by works a man is justified, and not by

                            faith only.
      18:011:002 Should not the multitude of words be answered? and should a

                            man full of talk be justified?

      Implication: Get a job and do it as well as you can.

    219. Re:Kennedy's folly and sad legacy by Falconhell · · Score: 1

      We have such funding in Australia. it works on the basis of reaching a minimum number of votes, 5% if I remember correctly, then parties/candidates are paid a set ammount per vote.

      Seems to work OK.

    220. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      Yes, by passing the Republican health care reform plan that keeps health care privatized, but under additional restrictions to keep health care serving SOME purpose (besides "give me money until you get sick and then see ya later")

      Both parties are to blame equally for the bill, it's nonsense to pin it on obama when what he wanted was a government option (which would soon crowd out all private alternatives).

    221. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 1, Insightful

      > Why are you so afraid of unfettered speech anyway?

      Because the courts keep ruling that money counts as speech. Thus people with money have MORE speech. People who control businesses then have even more money to command, and thus even more speech. And things that would generally be considered lies (or I suppose in the context of fake "I'm a real person who thinks X" ads full of lies: fraud) are gaining additional protection. And they're being passed through layers with no accountability, so that you can't know who is saying what or who is paying for what.

      > Is your opinion of the American electorate so low that you think they need to be shielded from this speech and can't form their own opinions about it?

      Two issues are intertwined here. First is the sheer volume of material, which allows simply drowning out any good signal under a mountain of noise. If you hadn't noticed, as soon as the court struck down these restrictions, the total campaign donations and advertising have outstripped the previous presidential campaigns. If the lies drown out the truth, it's not a matter of trusting the electorate anymore - no insult to the People is implied by stating that they're going to have far more trouble weighing things than they ordinarily would. Secondly: some elections are close, and independents/undecideds make up much larger group of voters than the difference the candidates are polling at (You'll see something like 42% vs 40% with 8% undecided and a 3 point margin of error), so a gigantic last-week barrage of attack ads is not something to ignore the threat of. (And I should note that this tactic has worked for some before; that's why they keep doing them, obviously, and why they sought so hard to reduce restrictions on them).

      And of course the meta-issue is that, just like individual elections are close, the interparty balance of power in Congress is close, so small shifts in the local elections translate into incredibly large top-level changes in how the government functions. Why else would they be pushing the ads so hard? Far more money is at stake than the cost of the ads. There are single issues (for example: the bush tax cuts: extend, lapse, or partially extend?) that will decide where trillions of dollars go. Another such issue is regulating wall street - massive fortunes are involved here. A third such issue is corporate tax avoidance - again, massive fortunes involved.

      One last hammer at the money-equals-speech nail: do recall that the wealthiest 10% of the nation has 90% of the wealth. These are the same people at the helm of the corporations, also, and they are heavily involved in politics too. Thus, clearly, there is no amount of organization that could allow the other 90% to outspend them in an unrestricted campaign donation scenario. It's not a unionization issue at ALL - that's just another unpopular scapegoat their side uses - because the wealthy can flat out outspend us nine-to-one. That's not freedom and the rule of law. That's rule by money. And it's a positive feedback loop - every win they score makes them richer, which enables them to more easily win the next time.

      > The intent was that Congress would not be in the position of regulating speech.
      If the choice is between Congress saying we all get equal speech, and Congress saying that some are inherently allowed to have far more speech than others, which one of these is preferable, and which one is "Congress regulating speech"?

    222. Re:Kennedy's folly and sad legacy by JesseMcDonald · · Score: 1

      As such, if your copy of Windows injures you, you can't sue Bill Gates, you can sue Microsoft.

      This is a problem. Limited liability for actual harm—as opposed to just corporate debts—is one of the areas in which I feel corporate personhood goes much too far. You should be able to sue the owner, as an individual, or anyone else involved, if they are ultimately responsible for an injury.

      Bill Gates' treasury is whatever is in Bill Gates bank account, he can not simply start spending Microsoft's money on hookers and blackjack.

      If he actually were the owner then, so far as I know, there would be no legal barrier to prevent him from spending as much of "Microsoft's" money as he wished toward his own personal goals, although this would, of course, be classified as personal income from the corporation and taxed accordingly.

      If those shareholders want to speak out politically, as a group, they can form a PAC to do so, but the corporation is not structured or intended to be a force-multiplier for the shareholders political ambitions, it's structured intended to make software/make widgets/sell shoes/whatever.

      How the corporation is structured is up to the shareholders, as is the "intent" of the corporation. After all, it is the shareholders who formed the corporation in the first place to manage their collective assets, and thus determined its intent and organization; nothing prevents them from altering either whenever they please. If, that is, they need to alter it; most corporations' goals are hardly as specific as you appear to believe. The formal "intent" is generally just to pursue financial benefit to the shareholders, by any legal means available, rather than a specific type of product or service. Political action is well within that scope.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    223. Re:Kennedy's folly and sad legacy by yndrd1984 · · Score: 1

      No. Citizens really do have the right to vote, but corporations are, legally speaking, "persons". They have no more right to vote than someone visiting from the UK. In the same vein, they have the same right to free speech and right to make legally-binding contracts that a Brit has.

    224. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      The line the parent is clearly pointing at is the line of transparency. NYT announces it is the endorser, but the monetary donations hide the source of the endorsement.

    225. Re:Kennedy's folly and sad legacy by cynicist · · Score: 1

      Why are you so afraid of unfettered speech anyway? Is your opinion of the American electorate so low that you think they need to be shielded from this speech and can't form their own opinions about it?

      How can they form opinions without accurate information? If there is no simple way to find out who is funding what, how do you expect average people who are busy working or raising a family to find the truth? If you really believe that allowing corporations to spend unlimited amounts of money on campaign ads with zero disclosure isn't a problem then you are living in a fantasy world.

    226. Re:Kennedy's folly and sad legacy by hsjserver · · Score: 1

      If they can spend money without limit and without funding disclosures, then they have a hell of a lot more leeway than any of the "individuals that own it."

    227. Re:Kennedy's folly and sad legacy by DavidTC · · Score: 1

      I think it's unlikely that any court would agree that a private company could face dissolution by an executive branch without being able to challenge that dissolution in a court of law.

      Who said anything about not having a day in court? I'm talking about court.

      Corporations have to follow their corporate charter. They were licensed to exist based on that charter.

      Unless the charter states otherwise (I.e, if they are a non-profit), they have a fiduciary duty to make as much money as possible for the owners. If they're publicly traded, that means the stockholders.

      If the corporation is operating contrary to that, the courts may step in and prescribe any remedy, anything from removing the board of directors to dissolve the company, selling the assets, and reimbursing the stockholders.

      Do you think that's just? Would it be OK for the agency that grants incorporation in a state to deny incorporation to a group of businesspeople because one of the proposed directors is black, or is a registered Democrat?

      The government couldn't discriminate on race or political grounds like that, because of the Equal Protection clause of the constitution...if it lets people have corporations, it has to let all people have them, or at least not discriminant against protected classes. But it doesn't have to let anyone have them at all, or let them exist for any specific purpose, such as political reasons.

      The entire system of corporations is a law, period. The government could, tomorrow, abolish all of them. Poof, magic, all gone. (And due process wouldn't stop this, as long as they turn over corporate assets to the stockholders.) It could abolish all of them except corporations that build bookcases. It could allow any corporations except ones that make cellphones or ran animal shelters. It can do whatever the fuck it wants, with whatever rules it wants. (Barring violating other laws, like anti-discrimination laws, which are a red herring here.)

      Perhaps more to the point, it can disallow corporations that exist to promote a political message. The goals of a corporation are entirely up to the government to allow or disallow. Try to make a non-profit to create more homeless people, see how far you get with that before the government says 'Um, that doesn't really appear to be in the public interest' and denies that corporate charter.

      This is why the Citizens United decision is idiotically surreal. Things the government create under law cannot have constitutional rights. They aren't even constitutionally mandated to be allowed to exist!

      However, what hypothetical corporations that might exist to promote a political message aren't really the issue. That's like the Sierra Club and the NRA, and you know where the money is going when you give it to them, and they have no shareholders expecting profits.

      The actual issue here is for profit corporations promoting a political issue in violation of their charter, which needs to be cracked down on. For profit corporations are supposed to use money for a) business expenses, including salaries, and b) profits to the owners.

      Any other use of corporate funds of a publicly traded company is theft. Any use of private corporate funds, by the owners, is not quite as bad, but is, at least, tax fraud. (Just like having the corporation buy you a house.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    228. Re:Kennedy's folly and sad legacy by Danse · · Score: 1

      Regular corporations would still not be permitted to donate to political influence activities.

      So my local grocery store isn't allowed to publish a flier detailing how the new zoning law will impact them and their customers unless they go through the hassle of setting up a separate corporation for this purpose?

      The owners of that store can publish all the flyers they want about how the law will affect their store. A for-profit corporation should not have that right, for the reasons I've already stated.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    229. Re:Kennedy's folly and sad legacy by bhiestand · · Score: 1

      ink that the difference is that the constitution also makes no mention of organizations or corporations has have ANY rights.

      That's completely irrelevant. Read the plain text of the 1st amendment: "Congress shall make no law ... abridging the freedom of speech"

      What part of "shall make no law" is so hard to understand?

      THAT (your absurd extension and oversimplification of this) is completely irrelevant. Are you also saying that security clearances are unconstitutional because people can be imprisoned for revealing information (just speech, right)? What about inciting rebellion? How about the old fire in a crowded theater shtick?

      Clearly there are limits on all rights, and those limits start right about the point where other rights begin in addition to what is required to maintain the state.

      Do you think that Russia or another foreign government should be able to directly fund political ads in America? What about corporations majority-controlled by foreigners? What about corporations run by foreign states? Primarily foreign corporations? Organizations such as the Chamber of Commerce that accept substantial sums from these corporations?

      In this case, I think most people can agree that the impact of Citizens United has been to allow corporations to directly influence the outcome of elections. Additionally, there's good reason to believe that foreign money has become mixed in with this. I highly doubt this was the intent of the founding fathers. Even if it was, I think most of us agree that this is not the best way to ensure real democracy in America.

      --
      SWM seeks new sig for a brief fling
    230. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      I do not believe in free speech whatsoever when it comes to electioneering. Accurate information is absolutely essential to a credible process. No purpose is served by allowing blatant falsehoods and misrepresentations into the process under the guise of freedom, no matter whether it's Republicans or Democrats. A candidate stating that he believes gays should not be allowed to get married is fine. A candidate can detail his belief that global climate change is a hoax and his opposition to anything designed to address it. That's great. What is not OK are these groups with misleading names like, "Citizens for Jobs" to oppose the regulation of carbon emissions, or "Concerned Citizens for the Environment" set up to oppose environmental regulations at every turn. They start the lying with their names and they continue trying to inject noise into the signal until it's impossible for most people to tell what's right and what isn't. I'm not OK with that, and I do not support that as a right of free speech. Not even a little bit.

    231. Re:Kennedy's folly and sad legacy by Jane+Q.+Public · · Score: 1

      They don't have a right to vote because it's explicitly laid out in the constitution. Legal immigrants don't have the right to vote but they do have a constitutionally protected right to free speech. And corporations can bear arms.

      I am aware that it's not "laid out in the constitution". That was the foundation of my argument. But as for the other, you are simply wrong: "corporations" cannot bear arms. Only individuals working for corporations can. And that was the meat of my point: it is individuals, not corporations, that have rights. Corporations have no rights.

      "Rights", as described in our Declaration of Independence and Constitution, come from our existence as humans, not from Government. Government does not have the power to bestow "rights" on people, nor to take them away. Government does define corporations, but it has no more power to give them "rights" than it does individuals.

      And along that line, you were actually wrong in two different ways, because not only can corporations not bear arms, but even if they could, they still have no "right" to do so.

    232. Re:Kennedy's folly and sad legacy by he-sk · · Score: 1

      I can't, but since I find the death penalty barbaric and undemocratic, that's not really a contradiction.

      --
      Free Manning, jail Obama.
    233. Re:Kennedy's folly and sad legacy by shutdown+-p+now · · Score: 1

      Replace death penalty with life sentence - it doesn't fundamentally change anything.

    234. Re:Kennedy's folly and sad legacy by he-sk · · Score: 1

      A life sentence without the possibility of parole is barbaric as well.

      --
      Free Manning, jail Obama.
    235. Re:Kennedy's folly and sad legacy by sumdumass · · Score: 1

      Actually, if a corporation commits crimes, the CEO, Officers and the BOARD of Directors should be held criminally responsible.

      They already can be and have been criminally held accountable. The problem is finding enough evidence linking them close enough to the crime to assign blame.

    236. Re:Kennedy's folly and sad legacy by damn_registrars · · Score: 1

      and the typical voter is smart enough to weigh that speech on it's merits (or lack thereof) when deciding how to cast his ballot?

      If people on the right actually uniformly believed that, then we wouldn't have have the swift boat veterans for "truth", amongst many others.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    237. Re:Kennedy's folly and sad legacy by Stick32 · · Score: 1

      The problem is still with the organization of corporations. The management isn't at fault, because they're just the hired guns doing the will of the owners (stockholders). The stockholders aren't at fault because there's so many of them you could never apportion blame, and they can't know the ins-and-outs of every action taken by the corporation. Basically, no one is to blame...

      "Coorporation n. An ingenious device for obtaining individual profit without individual responsibility." - Ambrose Bierce

    238. Re:Kennedy's folly and sad legacy by rochberg · · Score: 1

      Did you read then Solicitor General Kagan's argument that basically said "Yeah, this legislation gives the Feds the power to ban books [emph. added], but that's irrelevant because we would never do such a thing."

      Kagan said no such thing.

      Yes, actually she did. [...] She is arguing that the law DOES cover books but you don't need to worry about it because the Government has never tried to regulate books and if it did there would be grounds for a legal challenge [emph. added].

      *Sigh*. WTF? How can you guys take yourselves seriously when you are so clearly taking many things out of context and (intentionally?) misinterpreting clear sentences?

      Kagan's quote: "It is still true that BCRA 203, which is the only statute involved in this case, does not apply to books [emph. added] or anything other than broadcast; 441b does, on its face, apply to other media." So part of the law actually under consideration (BCRA 203) does not apply to books, but another section (441b) does. So what is 441b? The first part of the text of that statute reads:

      It is unlawful for any national bank, or any corporation [...], to make a contribution or expenditure in connection with any election to any political office[...]

      The statue goes on to prohibit unions from making such contributions to federal elections (President, VP, Senate, etc.).

      Let me make this very clear: This statute in no way gives the government the power to ban books. And Kagan was making no such claim. Rather, by stating that 441b applied to books, Kagan's argument was as follows. If a corporation paid for the publication of a book that was intended for the purposes of electioneering, that corporation has broken the law. The electioneering element is very clear. This does not apply to books in general. The book has to target a specific candidate and be published in the area where it would have an impact on a particular election. Furthermore, 441b only applies if the publication of the book was paid for by a corporation. If a private individual wanted to publish a book attacking a candidate, 441b does not apply. If a political action committee or a non-profit group or any collective group other than a corporation or national bank paid for the publication of such a book, 441b does not apply.

      Even if the statute does apply, the book would not be banned. Rather, the corporation would face prosecution under the statute. In addition, publication of the book would be delayed at most, so as not to sway the electorate. Once the election is over and publication of the book holds no power over that particular election, publication would be allowed to proceed. Of course, as Solicitor General Kagan pointed out, even if there were a book that met all the criteria (corporate-funded solely for electioneering), which is very unlikely, courts would most likely allow the immediate publication because there is a strong argument for a legal challenge. So she is stating that if the government tried to pull such a trick, they'd almost certainly lose.

      Finally, note that 441b does not apply to general political speech. Corporations can gladly pay to make Fahrenheit 9/11 or publish Ann Coulter's books, or any other such screed, because those works do not fit the criteria of electioneering. While candidates may be singled out, they are never done so individually. Fahrenheit 9/11, for example, took aim at the culture of the federal government after 9/11. Sure, it takes plenty of shots at Bush. But it also talked about the invasion of Iraq, 9/11 itself, the impact on people, how everyone in Congress (except Feingold) voted for the USA PATRIOT Act without reading it, etc. Political? Yes. Electioneering? No.

      This is all a far cry from the suggestion that Kagan was claiming the federal government had the power to ban books.

    239. Re:Kennedy's folly and sad legacy by shutdown+-p+now · · Score: 1
    240. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      FYI, Target can't give 150k to a candidate. Corporate contributions are limited just as individual ones are. When you see these numbers, what is happening usually is that they add up all the contributions over $100 from every donor employed by Target corp. The court has ruled that caps on contributions to candidates themselves are constitutional, but of course each donor gets their own cap.

    241. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      Your reasons don't hold water with me, for reasons I've already stated. I do have to say that it's pretty funny that you think the owners should be able to do it themselves but not the corporation. You do realize they can just increase their own salary to offset the printing and distribution costs, right? You've accomplished nothing other than to increase the paperwork burden required to exercise free speech.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    242. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      You mean the way he labeled me as some sort of idiot that gets all his information from Fox News?

      BTW, the ABA is every bit as biased as Fox News, they are just biased in the other direction.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    243. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      They are a creation of the government and have only the rights that the government grants them. The First Amendment has nothing to do with it.

      The First Amendment doesn't grant anybody anything. It limits what Congress can do. What part of "shall make no law" is so hard to understand?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    244. Re:Kennedy's folly and sad legacy by Danse · · Score: 1

      Your reasons don't hold water with me, for reasons I've already stated. I do have to say that it's pretty funny that you think the owners should be able to do it themselves but not the corporation. You do realize they can just increase their own salary to offset the printing and distribution costs, right? You've accomplished nothing other than to increase the paperwork burden required to exercise free speech.

      If they increase their own salary in some kind of agreement that they will use that money for political influence, then the would still be in violation of the law, as the corporation is now paying them for political action. Giving corporations the right to free political speech is absolutely toxic to the political environment in this country. We're seeing the results of that already, and it's going to get worse.

      The real problem is that money is equated with speech, and that gives those with the most money the biggest soap box. Since the vast majority of the money in this country is concentrated in the hands of a fairly small minority of the population, we are essentially allowing them to direct the politics of the country. This, of course, gives them the ability to direct policies in their favor, which they do.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    245. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      If they increase their own salary in some kind of agreement that they will use that money for political influence, then the would still be in violation of the law

      Good luck enforcing that law.

      Giving corporations the right to free political speech is absolutely toxic to the political environment in this country. We're seeing the results of that already, and it's going to get worse.

      You mean to say that it doesn't necessarily lead to results that YOU approve of.

      The real problem is that money is equated with speech, and that gives those with the most money the biggest soap box.

      Money is speech. It costs money to produce TV advertisements, fliers, lawn signs, etc.

      Since the vast majority of the money in this country is concentrated in the hands of a fairly small minority of the population, we are essentially allowing them to direct the politics of the country. This, of course, gives them the ability to direct policies in their favor, which they do.

      No, the voters direct politics in this country. Your entire argument is based on the premise that those voters need to be protected from corporate speech. You fear that speech because you think that people may be exposed to it and decide not to vote for the candidates that you personally would like to see win our elections. Rather than counter it with your own speech you seek to muzzle it at the source. We call that censorship where I'm from.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    246. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      Instead, they went WAY beyond that, and ruled that a) corporations are equivalent to individual, private citizens

      Nothing in the Citizens United ruling cited or relied on corporate personhood. If you think otherwise then I invite you to quote the portion of the ruling that referenced corporate personhood.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    247. Re:Kennedy's folly and sad legacy by Danse · · Score: 1

      If they increase their own salary in some kind of agreement that they will use that money for political influence, then the would still be in violation of the law

      Good luck enforcing that law.

      It would be similar to enforcing laws like those against insider trading. Difficult, but worth doing.

      Giving corporations the right to free political speech is absolutely toxic to the political environment in this country. We're seeing the results of that already, and it's going to get worse.

      You mean to say that it doesn't necessarily lead to results that YOU approve of.

      No, I mean to say it leads to complete polarization and nothing but lies being slung around by both sides. You'll notice that that's exactly what's going on right now.

      The real problem is that money is equated with speech, and that gives those with the most money the biggest soap box.

      Money is speech. It costs money to produce TV advertisements, fliers, lawn signs, etc.

      Exactly, which is why those with the most money get to speak more often and more loudly than anyone else. With the vast majority of money in this country being concentrated in the hands of large corporations and a tiny minority of the population, who's messages do you think will be flooding the media? Who do you think can make their arguments most often and most loudly? If this stuff didn't work, we wouldn't see corporations spending tens of millions on it every time an election rolls around. They influence the elections in their favor, reap the rewards of policy influence, and do it all over again next time. That's how they manage to increase their wealth dramatically every year while the middle class has seen their wages flatline or worse in that same time. Some like to call any talk like this class warfare. I prefer to think of it as pointing out that the other guy has his thumb on the scale.

      Since the vast majority of the money in this country is concentrated in the hands of a fairly small minority of the population, we are essentially allowing them to direct the politics of the country. This, of course, gives them the ability to direct policies in their favor, which they do.

      No, the voters direct politics in this country. Your entire argument is based on the premise that those voters need to be protected from corporate speech. You fear that speech because you think that people may be exposed to it and decide not to vote for the candidates that you personally would like to see win our elections. Rather than counter it with your own speech you seek to muzzle it at the source. We call that censorship where I'm from.

      Right. But where do they get their information? What gets them motivated to go to the polls? Like I said, these corporations don't throw millions at this stuff because it doesn't work. They know it works on the majority of people out there, which is why they pay for it. It's insane to allow for-profit corporations to spend their money to influence politics. They aren't people, they don't have the interests or values of people. They have exactly ONE interest, and that's increasing profits. If that's the only value we're concerned with as a country, then fine, let them spend their money to build themselves the biggest soap box to drown out everyone else. I really hope that's not what this country values though.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    248. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      No, I mean to say it leads to complete polarization and nothing but lies being slung around by both sides.

      So now it's the lies that bother you? Lying during political campaigns predates this Republic.

      Exactly, which is why those with the most money get to speak more often and more loudly than anyone else.

      The 1st amendment doesn't have a fairness clause in it. Besides, even if I accept what you are saying it's an argument in favor of Citizens United. I do not have the time or the money to personally lobby my Congressman on the issues that matter to me. That's why I joined the NRA/ACLU/Sierra Club/take-your-pick. I can pool my limited resources with other like minded people and more effectively lobby for my position.

      It's insane to allow for-profit corporations to spend their money to influence politics. They aren't people, they don't have the interests or values of people.

      They are made up of people and those people should not be muzzled simply because they decided to associate with other like-minded people under the guise of a corporation. You keep repeating this bit about for-profit corporations but gloss over the fact that Citizens United was NOT a for-profit corporation, nor are the many corporations set up for the express purpose of political advocacy.

      This is the money quote from the Citizens United opinion:

      If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech. If the antidistortion rationale were to be accepted, however, it would permit Government to ban political speech simply because the speaker is an association that has taken on the corporate form.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    249. Re:Kennedy's folly and sad legacy by Shakrai · · Score: 1

      But where do they get their information?

      Why do you care where they get their information from? Who appointed you to determine what information I can receive in the 30 days preceding an election?

      It's insane to allow for-profit corporations to spend their money to influence politics.

      It's more insane for the Government to be in the business of determining whose speech I should have access to.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    250. Re:Kennedy's folly and sad legacy by Danse · · Score: 1

      No, I mean to say it leads to complete polarization and nothing but lies being slung around by both sides.

      So now it's the lies that bother you? Lying during political campaigns predates this Republic.

      So, by all means then, let's do all we can to encourage it, and ensure that the airwaves are blanketed with lying ads. Wait, let's also ensure that there is no transparency at all, so that they can say whatever they want and then disappear after the election! Who needs accountability? Wow, I think we're pretty much there already.

      Exactly, which is why those with the most money get to speak more often and more loudly than anyone else.

      The 1st amendment doesn't have a fairness clause in it. Besides, even if I accept what you are saying it's an argument in favor of Citizens United. I do not have the time or the money to personally lobby my Congressman on the issues that matter to me. That's why I joined the NRA/ACLU/Sierra Club/take-your-pick. I can pool my limited resources with other like minded people and more effectively lobby for my position.

      If you're not even going to try to have an honest debate, then why am I wasting my time here? Your straw man is ridiculous. You insist on conflating for-profit corporations with non-profits set up specifically for a political purpose. I've already explained the difference in several responses to you, yet you continue to use them interchangeably whenever it suits you.

      Regular for-profit corporations don't speak for their shareholders. They have no idea what those people's political thoughts are, and they don't care. The shareholders can't and won't even know what candidates or political organizations the corporation supports because there is no transparency in the system. The for-profit corporation, shockingly enough, exists to make a profit, end of story. They don't have the concerns of the people in mind. They don't know or care what those concerns are. They want to put policies in place that will make them more money. Everything they do is in pursuit of that goal.

      I've already said that I don't have a problem with non-profits set up to pool funds for a political purpose, so long as those funds aren't coming from for-profit corporations, so your arguments along that line are moot.

      It's insane to allow for-profit corporations to spend their money to influence politics. They aren't people, they don't have the interests or values of people.

      They are made up of people and those people should not be muzzled simply because they decided to associate with other like-minded people under the guise of a corporation. You keep repeating this bit about for-profit corporations but gloss over the fact that Citizens United was NOT a for-profit corporation, nor are the many corporations set up for the express purpose of political advocacy.

      This is the money quote from the Citizens United opinion:

      If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech. If the antidistortion rationale were to be accepted, however, it would permit Government to ban political speech simply because the speaker is an association that has taken on the corporate form.

      Nobody is muzzling anyone. That quote also conflates for-profit and non-profit corporations. They are set up differently under different sets of regulations. Non-profits set up to represent the views of their individual donors are in no way the same as a for-profit corporation. As long as people try to pretend they're the same thing, we're going to have massive amounts of untraceable money from unaccountable sources pushing for policies that only serve the interests of a certain corporation or industry's profit ambitions. The candidates that bow to these interests will gain massiv

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    251. Re:Kennedy's folly and sad legacy by Danse · · Score: 1

      But where do they get their information?

      Why do you care where they get their information from? Who appointed you to determine what information I can receive in the 30 days preceding an election?

      It's not determining what information you can receive. It's determining where the money for political speech can come from. People have the right to free speech. People have the right to pool their money to buy ads, flyers, etc. A corporation is not a person. It is a government creation and has only those rights that the government grants it, along with privileges like limited liability for the owners of the corporation.

      It's insane to allow for-profit corporations to spend their money to influence politics.

      It's more insane for the Government to be in the business of determining whose speech I should have access to.

      It's perfectly legitimate for the government to say that you can't hide behind the shield they created to help facilitate commerce, and then proceed to use the benefits of that law to try to influence the political process to try to increase your profits, which will allow you to further influence the process. Government created the corporation, government can certainly put limits on it. The first amendment protects people, not laws that limit liability. We have other types of corporations that exist under different regulations and can be used to pool money from individuals for political purposes. That's a true association of people who want to make a political statement. For-profit corporations are nothing of the sort.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    252. Re:Kennedy's folly and sad legacy by Anonymous Coward · · Score: 0

      The management isn't at fault, because they're just the hired guns doing the will of the owners (stockholders). The stockholders aren't at fault because there's so many of them you could never apportion blame, and they can't know the ins-and-outs of every action taken by the corporation.

      Contradiction, huh? But that is another mess altogether that is off-topic.

    253. Re:Kennedy's folly and sad legacy by okan1979 · · Score: 1

      thank you
      <a href="http://www.erotikmagaza.com" title="seks shop">seks shop</a>

    254. Re:Kennedy's folly and sad legacy by zeroshade · · Score: 1

      Why not mean a literal vote?

      If corporations have Free speech and all other rights, why shouldn't they get the right to vote? If they have one right, they have them all right? Should we give citizenship to corporations?

      Anyone else see the ridiculousness of this?

  2. But.. by Hatta · · Score: 2, Funny

    The Supreme Court doesn't make mistakes!

    --
    Give me Classic Slashdot or give me death!
    1. Re:But.. by Pojut · · Score: 1

      I still can't believe the outcome of this ruling. At a time when people are complaining about special interests and transparency, they enable corporations and unions to do this craziness?

    2. Re:But.. by Anonymous Coward · · Score: 0

      Yes, in the same way that the umpire of a baseball game doesn't make mistakes.

    3. Re:But.. by Millennium · · Score: 1

      There was a hole in freedom of speech that needed to be corrected. It now falls to Congress to find another way to achieve the desired goal, this time while actually respecting freedom of speech. Transparency is one possible solution.

    4. Re:But.. by Pojut · · Score: 1

      Sorry, but I don't consider corporations and unions being able to legally (and openly!) influence politicians to be "filling a hole in freedom of speech."

      It's nothing more than legalized corruption, transparency or no.

    5. Re:But.. by Millennium · · Score: 1

      Expressions of support for a candidate, including material support, is political speech. What part of this is so hard to understand?

    6. Re:But.. by jeff4747 · · Score: 1

      Transparency for electioneering groups can't help.

      Corporation A decides they want to spend piles of money on a candidate. They fund Corporation B, "Citizens for puppies and kittens". Corporation B funds Corporation C, "Citizens to tell lies about candidates we hate", which runs attack ads.

      Corporation C would be the one with the disclosure requirement. So they duly disclose that their funding came from Corporation B. Corporation B is not electioneering, so it would not have a disclosure requirement.

    7. Re:But.. by Millennium · · Score: 1

      The indirection problem is easily solved through basic recursion. Through its support of Corporation C, Corporation B is engaged in electioneering.

    8. Re:But.. by Pojut · · Score: 1

      Businesses and unions have no place in the political process. It creates conflicts of interest, corruption, and takes away from focusing on representing the public at large.

      What's so hard to understand about this?

    9. Re:But.. by jeff4747 · · Score: 1

      Then I'll incorporate Corporation B in the Bahamas. Good luck getting US election law enforced there.

      If your next retort is "no foreign money", then Corporation B sends money for Corporation C's "General Operating Account", which pays salaries, buys furniture, etc. Corporation C takes all the money that was previously bookmarked for that, and uses it for electioneering.

      Indirection isn't a problem that can be solved.

    10. Re:But.. by Hatta · · Score: 2, Informative

      So express your support, verbal and material as an individual. If you want to cooperate with a bunch of buddies to do the same, you can do that too. Just don't incorporate. It's not that free speech isn't a right, it's that incorporation isn't a right. Incorporation is a tool the government created for specific purposes, it's not a natural right. Since it's an artificial construct, they get to define the scope, and if it's in the best interest of society for them to be apolitical that's fine. They can do that without infringing on any natural or constitutional rights. Same goes for Unions.

      --
      Give me Classic Slashdot or give me death!
  3. This was obvious. by Haffner · · Score: 2, Interesting

    I fail to understand how SCOTUS could be so short-sighted. When they made the ruling, I agreed with their judicial logic, but that was a case where very clearly the ruling was not in the good of the general population. I don't know how much transparency matters; if you can buy an election, you need not bother with appeasing the populace - you can just ignore it.

    --
    "Going to war without the French is like going deer hunting without your accordion." ~General Norman Schwarzkopf
    1. Re:This was obvious. by corbettw · · Score: 4, Insightful

      When they made the ruling, I agreed with their judicial logic, but that was a case where very clearly the ruling was not in the good of the general population.

      The Supreme Court needs to concerns itself with protecting the rights of the individual, not the good of the general population. Otherwise we'll end up with a tyranny of the majority.

      --
      God invented whiskey so the Irish would not rule the world.
    2. Re:This was obvious. by Mongoose+Disciple · · Score: 1

      Except in this case, what that really means is:

      The Supreme Court needs to concerns itself with protecting the rights of the corporation, not the good of the general population.

      Frankly, I wish they'd used that case to slap down the idea of corporate personhood. Until I can put a corporation in a big-ass orange jumpsuit and stick them in federal pound-me-in-the-ass prison if they break the law, it's not fair for them to have all of the advantages of being a person and few of the drawbacks.

    3. Re:This was obvious. by epiphani · · Score: 5, Interesting

      Just for reference:

      The Canadian election system limits campaign spending to roughly $20 million per major party. The full amount of money allowed in our election is somewhere around $60 million. It costs more to actually run the polling booths. We have a population roughly one tenth of the US. Taking a rough stab at it, you're spending $2.5 Billion for your midterm elections. Or about four times the amount per capita as us.

      Additionally, in our system, a large percentage of that is publicly funded. And the maximum corporate donation is $1000. We have problems with corporate interests and lobbyists in Canada. You guys don't have a problem with it: you're OWNED by corporate interests.

      --
      .
    4. Re:This was obvious. by corbettw · · Score: 1

      First off, you can put the people who work for a corporation in prison if they break the law. Just ask Jeff Skilling about the possibility of getting away with a crime just because you did so for the benefit of a corporation.

      Second, if you and I pool our money to buy a political ad, that is not fundamentally different from both us buying two smaller ads separately. We're still exercising our rights to have our voices heard. The same principle applies between two people or two million.

      You cannot trample the rights of individuals just because they're exercising those rights as a group. Why is that so difficult to understand?

      --
      God invented whiskey so the Irish would not rule the world.
    5. Re:This was obvious. by characterZer0 · · Score: 1

      The Supreme Court needs to concerns itself with protecting the rights of the individual

      Wrong. The supreme court needs to concern itself with judging based on the laws as written.

      Congress needs to concern itself with protected the rights of the individual.

      I think we need a fourth branch of the federal government. Every year one hundred citizens (two from each state) should be selected by lottery to form the veto branch. Each bill passed by congress must be presented and understood by the group, which can veto it with a two-thirds majority.

      --
      Go green: turn off your refrigerator.
    6. Re:This was obvious. by AnonymousClown · · Score: 2, Interesting

      I don't know how much transparency matters; if you can buy an election, ....

      Influencing a politician with money, absolutely! Buying the election, I'm not so sure.

      Everyone just assumes that the more you advertise (campaign), the better chance your candidate has in winning. But has anyone really put that to the test? I live in a Republican stronghold and the Democratic candidate is advertising hard (he's a multimillionaire trial lawyer who was Governor at one time here in GA), the only thing it seems to be doing is making the Reps dig their heals in deeper. I wonder if all that money could be counter productive or even worthless.

      Years ago, I once read an article about LL Bean. The son of the owner studied how effective their advertising was. To make a long story short, all the money spent on "Field and Stream" advertising was waste and the money spent on advertising in yuppy magazines was paying off. Tweaked the advertising allotment and he saved the company lots of money and boosted sales.

      --
      RIP America

      July 4, 1776 - September 11, 2001

    7. Re:This was obvious. by Mongoose+Disciple · · Score: 1

      First off, you can put the people who work for a corporation in prison if they break the law. Just ask Jeff Skilling about the possibility of getting away with a crime just because you did so for the benefit of a corporation.

      I can't decide if you're deliberately missing the point or if you somehow genuinely believe that's the same thing.

    8. Re:This was obvious. by toastar · · Score: 1

      Just for reference:

      The Canadian election system limits campaign spending to roughly $20 million per major party. The full amount of money allowed in our election is somewhere around $60 million. It costs more to actually run the polling booths. We have a population roughly one tenth of the US. Taking a rough stab at it, you're spending $2.5 Billion for your midterm elections. Or about four times the amount per capita as us.

      Additionally, in our system, a large percentage of that is publicly funded. And the maximum corporate donation is $1000. We have problems with corporate interests and lobbyists in Canada. You guys don't have a problem with it: you're OWNED by corporate interests.

      It's called Capitalism.

    9. Re:This was obvious. by Scrameustache · · Score: 1

      I fail to understand how SCOTUS could be so short-sighted.

      This is a decision about letting money talk. It's blindingly obvious that money talked to them first.

      --

      You can't take the sky from me...

    10. Re:This was obvious. by timeOday · · Score: 2, Informative

      Otherwise we'll end up with a tyranny of the majority.

      The bigger problem now is backsliding to the natural state collective of human affairs - tyranny by the minority. The rich get richer until they have all the power, individual rights are equated with capitalism so only the rich actually have them, and free enterprise boils down to "choosing" whether to slave away for a monopoly, or starve.

    11. Re:This was obvious. by gorfin · · Score: 1

      We used to have this. It was called the Senate, until the 17th Amendment changed that.

    12. Re:This was obvious. by blackraven14250 · · Score: 1

      First off, you can put the people who work for a corporation in prison if they break the law.

      Then, you still have a corporation sitting around, usually with the same culture that made it commit a crime.

    13. Re:This was obvious. by corbettw · · Score: 1

      How about addressing my second point?

      --
      God invented whiskey so the Irish would not rule the world.
    14. Re:This was obvious. by pixelpusher220 · · Score: 1

      Notice how Enron itself didn't do any prison time. That's the entire point. Sure individual actors can do prison time, that's not what we're asking.

      How much prison time did Exxon do for the Valdez spill? BP for the Gulf? they simply can't be punished in the same way as individuals can.

      On the ad buying, if *you* by the ad, we know who paid for it. If a billionaire forms 50 corporations and they all start buying ads, it sure looks like 50 different corporations are saying something. Except it's one guy.

      This actually just happened out in Washington state. A *single* NY hedge fund trader purchased $150K ad buy in favor of the GOP/TeaParty candidate. This is one instance we know about. But if he had formed a corporation 'Moms for Motherhood' and they bought the ad, we would never know it was just him.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    15. Re:This was obvious. by shutdown+-p+now · · Score: 3, Informative

      No, it's called corporate oligarchy.

    16. Re:This was obvious. by tbannist · · Score: 3, Insightful

      You spelled "plutocracy" incorrectly.

      Increasingly, it looks like the U.S. is a republic in name only. These groups spend money on advertising because they believe it's effective and they are probably right. Effectively, the United States is allowing it's wealthiest citizens to buy the laws they favor.

      --
      Fanatically anti-fanatical
    17. Re:This was obvious. by pixelpusher220 · · Score: 1

      I've always wondered how this type of system works. Campaign spending is $20 million, what if the owner of the hockey teams decided to spend their own $20 million outside of that?

      I would like the idea of publicly funded elections but I don't know how you stop outside people from running their own ads - which is basically the problem we have now in the US.

      Personally I'd like to make it illegal to give *any* money to anything associated with a candidate, no PACs, no campaigns, no nothing ;-) How this type of giving isn't basically a bribe is beyond me.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    18. Re:This was obvious. by Mongoose+Disciple · · Score: 1

      Same answer, really:

      People acting as a group should get to keep their individual rights to the same degree that they're liable/responsible for the exercise of those rights.

      If you and another person get together to put an ad out, and that ad's found to be slanderous or otherwise illegal, and that means you both go to prison or are both individually fined, then I'm happy to let you get together to put out the ad. If, on the other hand, acting as a group exempts you from individual responsibility, then you don't get to have the powers of individuals.

    19. Re:This was obvious. by shutdown+-p+now · · Score: 2, Insightful

      Most political advertising aims primarily at influencing swing voters - die-hard supporters of either party are unlikely to be affected.

      That said, due to the "close call" nature of national elections in US, relatively few votes can often decide the outcome. So even with completely atrocious spending per affected vote, it may well be worth it.

    20. Re:This was obvious. by MadUndergrad · · Score: 1

      And where does the employee of the company who is buying the ads come in? He doesn't have a say in how the political ad money is spent. It's the executives who decide that. It's fundamentally different from the case of people voluntarily joining together for the express purpose of furthering a political goal. There are sure to be employees who disagree with the donations, but can't speak up for fear of losing their jobs. How's that for trampling rights?

    21. Re:This was obvious. by Dog-Cow · · Score: 1

      You cannot trample the rights of individuals just because they're exercising those rights as a group.

      In what way are the individual's rights being trampled if the rights of a legal entity are curtailed?

    22. Re:This was obvious. by Anonymous Coward · · Score: 0

      Spending your money in concert with others is NOT the same as spending your money to support something, also contributing additional money to support it, and being able to spend far more in the name of the group than the sum of the individual members.

      If spending for a corporate entity were limited to the number of individuals comprising that entity times their individuals contribution caps, and negated allowing separate individual contributions, then yes, they would be exercising rights as a group. They are not. They are using the cover of the group to amplify their rights above the capability of a similar group merely acting in concert.

    23. Re:This was obvious. by Almost-Retired · · Score: 1

      No it was not, it was purely a matter of 1st amendment rights. That particular provision of the campaign finance law was carved up and enabled for the explicit purpose of shutting the NRA, whose membership is large enough that they can and have, had candidate killing results at the polls, out of the election process. Because we care about the 2nd amendment, and because we have watched voting records, and publish the results in a format that can be taken directly to the polls to guide the majority of its members and readers in how we vote, the power of that number of people, being guided more by the records of how these candidates have voted in to the past than in any promises made in the current campaign, is a power the liberals who would do away with the Bill of Rights completely, fear the most. So they wrote that thing to specifically muffle the NRA in the first place and it actually survived the first challenge the NRA made against it in that version of the SCOTUS. I thought at the time that the approach the NRA lawyers took was too narrow.

      Now, what is needed obviously is to saddle these groups with a much more stringent requirement of reporting where the money they spend and/or donate actually comes from, so folks like George Soros and friends will have their names on record. Nothing less will clean the window glass looking into the political arena and give the voter all the info he needs to be able to cast his vote in confidence that he/she cast it for the best candidate being offered. Sometimes we feel that we are being forced to vote for the lessor of two evils, and we are now seeing with the third party activities, the results of that discontent with the 2 party system. Frankly the present environment is such that the really decent thinking men often refuse to participate in what we see at times is a far more broken system than Madison (Federalist Papers)or Paine (Common Sense and the Rights of Man) could have imagined. You cannot participate in politics today without unwittingly becoming part of the problem.

      IMNSHO, the maneuvering of the republicrats to maintain the 2 party only system are equally un-constitutional and will only become fair when there is a 3rd or 4th box choice for each office on the ballot, suitably labeled as "None of the above". And if 'none' wins, then we start all over with the candidates who failed enjoined from running again with any professed party affiliation, only allowed on their own name as an independent. And if no one comes forward, obviously that office wasn't that important, it can sit empty for the next 2-4-6 years as the office is scheduled.

      The Bill of Rights is the single most important defender of individual freedom in the history of mankind, and those who would nibble away at the basic framework of it, need to have their names publicly attached to the money that buys these often fraudulent campaign adv's we are all being bombarded with between now and Super Tuesday.

      We have said for a long time, that the 1st amendment survives in some part, because of the 2nd amendment that millions of us stand guard over.

      --
      Cheers, Gene
      "There are four boxes to be used in defense of liberty:
        soap, ballot, jury, and ammo. Please use in that order."
      -Ed Howdershelt (Author)

    24. Re:This was obvious. by jandrese · · Score: 1

      So you think the whole "system of checks and balances" thing is a load of crap? If Congress writes the law it's the job of the Supreme Court to uphold it unless it conflicts directly with the Constitution? I don't think the court has ever defined it's role that narrowly.

      --

      I read the internet for the articles.
    25. Re:This was obvious. by characterZer0 · · Score: 1

      If Congress writes the law it's the job of the Supreme Court to uphold it unless it conflicts directly with the Constitution?

      Exactly.

      I don't think the court has ever defined it's role that narrowly.

      Very few members of government define their own roles narrowly. People want more power.

      --
      Go green: turn off your refrigerator.
    26. Re:This was obvious. by corbettw · · Score: 1

      Anonymous speech is still protected speech. Or are you saying we should dispense with the ability to make our political voices heard without identifying ourselves completely? If so, should I assume "pixelpusher220" is your legal name?

      --
      God invented whiskey so the Irish would not rule the world.
    27. Re:This was obvious. by corbettw · · Score: 1

      If you honestly think that acting as a group exempts you from the individual responsibility for your actions, then you know nothing about corporate law in America and should just stop talking now before you make yourself look even more foolish. I've already provided one famous example of how that's not how things work, there are many, many others along the same vein.

      --
      God invented whiskey so the Irish would not rule the world.
    28. Re:This was obvious. by Magnus+Pym · · Score: 1

      You are naive if you think they were short-sighted. They knew exactly how this would play out, and the 5 guys who voted for this wanted, and counted on, the current situation.

      Let us face it: the US supreme court is now a 100% political instrument. The 5 right-wing judges were put in place with the explicit mandate of guiding the US along the way to complete corporate hegemony. We can now predict with 100% certainty how a particular justice will vote on any given issue. Every single justice is politically controlled and motivated, and takes his/her orders from the appropriate master(s). The right-wing guys are just more blatant about it, they don't even give a shit about the appearance of judicial impartialkity.

    29. Re:This was obvious. by silas_moeckel · · Score: 1

      I do not have an issue with you pooling your money with a bunch of other people to fund an ad. I do have an issue with corps doing so, a simple rule change to say requiring all corporate political spending be issued as a dividend with an option to automatically contribute to various political activities. Oddly I think many many stock holders will take there share of the money rather than have it used politically. I have no issue with non profits that are formed to specifically do political work buying all the ads they want just as long as they have the same transparency requirements.

      As for corp law breaking, often the blame is split up enough to make no single person responsible and to shield people from responsibility. When we try and use financial penalties against the company the pain can often be felt by investors that had no stake in the company when the events happened and no possibility of stopping it anyways, or the consumer gets nailed when monopolies just add charges to cover the cost of the penalties.

      --
      No sir I dont like it.
    30. Re:This was obvious. by pixelpusher220 · · Score: 1

      There are fine lines involved and that does make things difficult to put into policy/law.

      Anonymous speech is not protected speech. If you wish to make yourself heard, you are welcome to post flyers under cover of night that you made in your own home.

      Using 'public' goods such as the air waves means you *should* be held accountable for that speech. Likewise, if you want to influence our political process, yes you should have to identify yourself.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    31. Re:This was obvious. by hamburger+lady · · Score: 1

      that would sound a lot better if the same supreme court hadn't also decided that corporations count as 'individuals'. this decision is one where the rights of corporations were of more concern than the good of the general population.

      --

      ---
      Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
    32. Re:This was obvious. by jandrese · · Score: 1

      Well, that's a fine opinion to have, just don't be surprised if you don't find a lot of support for it outside of fringe groups. The US government was set up with checks and balances for a reason and nobody (well maybe Dick Cheney) want to see them removed.

      --

      I read the internet for the articles.
    33. Re:This was obvious. by Mongoose+Disciple · · Score: 1

      It certainly exempts some of the group for individual responsibility for the group's actions.

      Great, so a couple guys from Enron went to jail. When it's the whole company we can talk. If that seems unreasonable, then maybe a corporation or union having the full power of an individual is at least that unreasonable.

    34. Re:This was obvious. by Lysol · · Score: 1

      This is true. You can't get elected anymore without corporate contributions. Senators have said they don't read bills because they're too long, Eric Schmidt admitted openly that he was shocked how lobbyists wrote the bills, the Clinton administration and congress repealed Glass-Stiegel, the Bush administration rewrote the bankruptcy laws (among other anti-citizen steps), BP gets a slap on the wrist for the Gulf spill, etc. ALL these issues are pro-corporate, period. In the US it all comes down to money.

      US 'democracy' is broken. I wouldn't even call it democracy, more of a corporate plutocracy, really. The only way this can be 'right' again is to enact strict campaign finance reform and kick the lobbyists out of government. But of course, since corporations have the same or more rights as individual citizens, more money at their disposal, and more connections to government, this isn't likely to happen anytime soon, if at all. People could start grass roots groups, but it would take a huge revolution of many tens of millions of people to shake up the system and that's just not gonna happen. People are either too busy just getting by, or too apathetic.

      It's a total downer, but the truth sometimes is. Even the tea party people are pawns, dupes. Their main mouthpiece, Glenn Beck, is a multimillionaire. He's got a top book, tv show, etc. But the people that follow him think he's looking after their interests. Uh-huh, right. Same with Obama - healthcare 'reform' basically got gift wrapped for the insurance companies and net neutrality is d.o.a. So much for change...

      That said, you can still live a 'decen't life here in the states, but you have to make money, like $150k and up per household. Otherwise, forget it. Forget any sort of healthcare (unless you qualify for Medicaid), forget a decent education, forget owning any property - forget the 'American Dream'...

    35. Re:This was obvious. by epiphani · · Score: 2, Informative

      I've always wondered how this type of system works. Campaign spending is $20 million, what if the owner of the hockey teams decided to spend their own $20 million outside of that?

      They're in violation of the elections act and liable for criminal charges.

      --
      .
    36. Re:This was obvious. by pixelpusher220 · · Score: 1
      Yeah, that would seemingly fly in the face of our Free Speech rights.

      Canada seems to have a nice conceptual 'get out of right' card in it's charter.

      1. 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.

      It could be argued that unlimited anonymous spending might meet that test for a reasonable limit. it does open up some potential for other abuses though.

      don't get something for nuttin as they say.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    37. Re:This was obvious. by Viperpete · · Score: 1

      I'm more inclined to say it is even worse.

      http://en.wikipedia.org/wiki/Corporatocracy

      --
      loose: not fitting closely or tightly != lose: to suffer the deprivation of
    38. Re:This was obvious. by corbettw · · Score: 1

      Really? So the janitor in the Houston office of Enron should've gone to jail? Do you realize how idiotic you sound right now?

      --
      God invented whiskey so the Irish would not rule the world.
    39. Re:This was obvious. by corbettw · · Score: 1

      Good thing several centuries of jurisprudence disagrees with your totalitarian impulses.

      --
      God invented whiskey so the Irish would not rule the world.
    40. Re:This was obvious. by corbettw · · Score: 1

      You obviously didn't read the decision we're talking about, because the justices said no such thing.

      --
      God invented whiskey so the Irish would not rule the world.
    41. Re:This was obvious. by pixelpusher220 · · Score: 1

      Just like Citizens United disagreed with decades of jurisprudence and laws?

      --
      People in cars cause accidents....accidents in cars cause people :-D
    42. Re:This was obvious. by Shakrai · · Score: 1

      The 5 right-wing judges were put in place with the explicit mandate of guiding the US along the way to complete corporate hegemony.

      Those same conservative justices came out AGAINST the notion that Government can use eminent domain to seize your property for private purposes while the liberal justices said that was just fine and dandy.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    43. Re:This was obvious. by Mongoose+Disciple · · Score: 1

      If a corporation gets to have all the powers and rights of an individual? Hell yes he does.

      If that would make you extremely afraid to be part of a group you don't understand the full workings of very well, then that's a probably a good thing.

      Or we could fix it the other way and a corporation/union doesn't get extra rights without consequences. That's more reasonable, but my crazy version is still saner than the status quo.

    44. Re:This was obvious. by corbettw · · Score: 1

      I give up, you're just plain old criminally retarded.

      --
      God invented whiskey so the Irish would not rule the world.
    45. Re:This was obvious. by DarthVain · · Score: 1

      Maximum donation may be 1000$, but I am not convinced that is what actually happens. Do 1000$ a plate dinners count towards that total?

    46. Re:This was obvious. by corbettw · · Score: 1

      Speaking of Citizens United, surely you're aware it has no effect on the relative levels of spending by the two major parties, right?

      http://reason.com/blog/2010/10/27/pity-the-poor-rich-incumbent

      --
      God invented whiskey so the Irish would not rule the world.
    47. Re:This was obvious. by flaming+error · · Score: 1

      Nice post - I have to agree with both points. Especially the randomly selected NAKative branch.

      But I'd flip it around to the ACKative branch. Legislation is automatically vetoed unless a 2/3rd majority can demonstrate they grok its contents, and approve it.

    48. Re:This was obvious. by pixelpusher220 · · Score: 1

      And you realize that Party spending has to be disclosed, this is NON-party spending causing the problems.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    49. Re:This was obvious. by Anonymous Coward · · Score: 0

      Instead we are getting regular old fashioned tyranny.

    50. Re:This was obvious. by jd · · Score: 1

      The discussion is mostly going round in circles as we're covering really only one specific cause of a very general problem that all first-past-the-post democracies and republics have.

      There's two possible solutions that I can think of which would kill the root cause outright - proportional representation would be one, doubling the sizes of house and senate, having first- and second-place candidates enter, and setting their vote's worth equal to the percent they got in the election (they represent who voted for them, no more and no less), would be another. In either case, the idea would be to make the impact any feasible corruption can have sufficiently small that it is infeasible to maintain it.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    51. Re:This was obvious. by chgros · · Score: 1

      So... Everyone should be unhappy so that individuals should be happy?

    52. Re:This was obvious. by slashqwerty · · Score: 1

      If you honestly think that acting as a group exempts you from the individual responsibility for your actions, then you know nothing about corporate law in America and should just stop talking now before you make yourself look even more foolish

      The whole point of a corporation is to put a limit on a shareholder's liability. A shareholder can not be held personally liable for the actions of the corporation. Shareholder liability is limited to the money they invested in the corporation. Libel and slander are civil offenses, not crimes. Individuals working for a corporation are not going to be held liable for slander or libel. Instead, the corporation will be ordered to pay (if they lose). If the corporation runs out of money, its assets will be auctioned off and the corporation dissolved.

      You cite the example of Jeffrey Skilling. But that case is completely different. Skilling was convicted of defrauding shareholders, lying to auditors, and insider trading. Those are all crimes. In fact they are all crimes against shareholders.

      Take a look at the political ads playing these days. Notice that none of them are sponsored by Target, Microsoft, or other major corporations. Instead they are sponsored by front groups that Target, Microsoft et. al. contribute to. Do you really think Target, Microsoft, or even the people working in those front groups will be held responsible for lying to the American people?

    53. Re:This was obvious. by hamburger+lady · · Score: 1

      yes i did, and yes they basically did. the fact that corporate entities are considered by the scotus to be 'individuals' is central to the overall scope of the decision.

      --

      ---
      Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
  4. Anonymous Coward by Anonymous Coward · · Score: 0

    We are the naive ones is we believe Kennedy.

  5. Oops. by Anonymous Coward · · Score: 0

    We're sorry that we accidentally killed democracy because we failed to do our homework. We'll try not to do that again.
    --The Supreme Court

    1. Re:Oops. by beamin · · Score: 1

      They should have issued that statement after Bush v Gore.

  6. So we're not even a plutocracy... by TheSpoom · · Score: 1

    We're a shadow plutocracy.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
    1. Re:So we're not even a plutocracy... by fuzzyfuzzyfungus · · Score: 1

      Overt plutocracy is so very vulgar, and might get the proles worked up....

      It is interesting to note exactly how little people know about the actual American wealth distribution...

    2. Re:So we're not even a plutocracy... by Anonymous Coward · · Score: 0

      No we are a meritocracy, where merit is measured by how much money you can raise.

    3. Re:So we're not even a plutocracy... by fuzzyfuzzyfungus · · Score: 1

      And you raise money by appealing to your constituents, and you can raise the most money by appealing to the constituents with the deepest pockets, which means governing in favor of the wealthiest, which means plutocracy...

  7. fuckin old people by Ryanrule · · Score: 1

    get back to your rocking chair on your porch so you can yell at me about being on your lawn. stop trying to run things.

    1. Re:fuckin old people by jgagnon · · Score: 1

      If this country were run by the fad and fashion fanatical youth, we would have never lasted 10 years.

      --
      Remember to maintain your supply of /facepalm oil to prevent chafing.
    2. Re:fuckin old people by OzPeter · · Score: 1

      get back to your rocking chair on your porch so you can yell at me about being on your lawn. stop trying to run things.

      Yet by some strange twist of fate, you too will someday be a "fuckin old person". Perhaps then you might consider that the society that Logan ran from is not one to be idolized.

      --
      I am Slashdot. Are you Slashdot as well?
    3. Re:fuckin old people by Mongoose+Disciple · · Score: 1

      Hey, he's not saying we should kill the old people. More maybe that's impolite to vote for something you probably won't live to see the effects of.

    4. Re:fuckin old people by OzPeter · · Score: 1

      Hey, he's not saying we should kill the old people. More maybe that's impolite to vote for something you probably won't live to see the effects of.

      Then perhaps I would suggest that with some experience and more common sense he might learn to get his message across in a more understandable manner, rather than an outburst of incoherent rage.

      --
      I am Slashdot. Are you Slashdot as well?
    5. Re:fuckin old people by gblackwo · · Score: 2, Interesting

      So what we need then is a group of people to run the country that properly represents it's citizens. We need the 20-somethings working alongside the 60-somethings. Why shouldn't our government be representative of age distribution too?

    6. Re:fuckin old people by Mongoose+Disciple · · Score: 1

      By the time he has that kind of experience, we'll secretly have to kill him for being so old!

      Oh crap. I shouldn't have said it was for being so old.

      Oh crap. I shouldn't have said it was a secret.

      Oh crap. I certainly shouldn't have said we'll have to kill him.

      Ah, it's too hot here.

    7. Re:fuckin old people by Anonymous Coward · · Score: 0

      Come up with a big lottery to randomly select people (18-90). Prevent them from getting bought or paid to vote a certain way. It would be much cheaper, more representative, and less polarizing.

    8. Re:fuckin old people by gblackwo · · Score: 1

      This is kinda what we do with juries- the problem lies in the fact that people often hate jury work, and we need passionate people running things.

    9. Re:fuckin old people by mcgrew · · Score: 1

      My generation had the same misunderstanding you kids do now. "When all the old fossils die off and we're in charge, pot's going to be legal."

      But guess what? It's the same old shit. It has nothing to do with age and everything to do with wanting power over other people's lives.

      Now get back to class, boy.

    10. Re:fuckin old people by mcgrew · · Score: 1

      I doubt it; his ignorance is unlikely to let him survive as long as I have. He's probably thumb typing his slashdot comments while driving.

    11. Re:fuckin old people by Anonymous Coward · · Score: 0

      Probably because the constitution has something to say about it (at least as far as congressional/presidential service)?

      Representative: 25
      Senator: 30
      President/VP: 35

      States vary, but most do have some sort of regulations limiting at least to 18+

    12. Re:fuckin old people by Anonymous Coward · · Score: 0

      "So what we need then is a group of people to run the country that properly represents it's citizens"

      That's not going to happen. Ever. As long as money exists, that is a completely unrealistic expectation. What we truly need is a government that can't act (on most things) without the consent of the people (majority vote). Only then will most of the corruption be eliminated.

  8. Bullshit by Anonymous Coward · · Score: 5, Interesting

    I call bullshit. The court knew exactly what it was doing and knew that loopholes big enough to drive a dump truck full of money through were in place.

    1. Re:Bullshit by beamin · · Score: 1

      It's a good thing that we don't have a bunch of activist judges overturning all kinds of precedent!

    2. Re:Bullshit by Pojut · · Score: 2, Insightful

      To play devil's advocate here, if that's the case...what's their motivation? They've already been granted lifetime appointments, why would they need to give in to the demands/wishes of special interests or politicians?

    3. Re:Bullshit by beamin · · Score: 1

      Not giving in, but rather injecting their political agenda.

    4. Re:Bullshit by dkleinsc · · Score: 2, Interesting

      While they don't need to give in to their wishes, there are some motivations that could easily come up:
      1. Speaking gigs
      2. Donations to their spouse's organization
      3. Free hunting trips

      It should also be pointed out that Justices Scalia, Thomas, Alito, and Roberts also are true believers of their ideology.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    5. Re:Bullshit by Trip6 · · Score: 1

      Mod parent up. There is no way they didn't see this coming. This is worse than Sammy Sosa "accidentally" picking up a corked bat!

      --
      I hate being bipolar; it's awesome!
    6. Re:Bullshit by HeckRuler · · Score: 1

      Yeah, they're set for life, but their kids, their kids' friends, their friends, their friends' kids, and their friends' kids' friends can all get on the dole. And while their career is set for life, their own bank accounts can grow.

    7. Re:Bullshit by jeff4747 · · Score: 1

      To play devil's advocate here, if that's the case...what's their motivation?

      Some of them have spouses competing for lucrative lobbying contracts.

      All of them have children, and a surprisingly large number of those have well-paid cushy jobs.

    8. Re:Bullshit by Anonymous Coward · · Score: 0

      I agree with your comment (e.g. no [obvious] motivation)... but just to knock holes in the "lifetime appointments" argument...

      Kickbacks. Just because someone is set with a lifetime job doesn't mean they can't be greedy.
      Greater Good. They could deem this the "greater good" for the country even if it is counter to what the majority actually wants (a la Patriot Act).
      Connections. Creating connections for your children/family or friends.
      Blackmail. Someone could be pulling strings from the outside. Of course, this would be more of a gov't conspiracy as it would have to happen at a high level.

      Improbable but not impossible.

    9. Re:Bullshit by hedwards · · Score: 1

      SCOTUS regularly makes these sorts of mistakes. It's one of the reasons why they try to avoid overturning precedence and taking on controversial cases. They do from time to time take them on, but it sometimes ends badly. Such as when they appointed GWB President in 2000, ignoring what the constitution has to say on the matter or when they chose to ignore both the constitution and over 200 years of precedence in overturning the DC handgun ban without even citing precedent or explaining the new rules.

    10. Re:Bullshit by bhiestand · · Score: 1

      To play devil's advocate here, if that's the case...what's their motivation? They've already been granted lifetime appointments, why would they need to give in to the demands/wishes of special interests or politicians?

      Playing devil's advocate as well... it could be that, for them, ideology trumps pragmatism. That is, they don't really give a damn about the effects of the ruling, they simply feel that corporations should have more rights and be treated more like people.

      If anything, the pragmatic view related to this should go against their decision. Judicial elections (at the lower levels) are already becoming dangerously corrupt and corporate/interest group-sponsored. Many of the sitting Justices have already made comments about this. I didn't read the whole ruling, but I don't recall this issue being mentioned at all.

      --
      SWM seeks new sig for a brief fling
    11. Re:Bullshit by LanMan04 · · Score: 1

      To play devil's advocate here, if that's the case...what's their motivation? They've already been granted lifetime appointments, why would they need to give in to the demands/wishes of special interests or politicians?

      Giant dollar signs dancing in their heads?

      --
      With the first link, the chain is forged.
    12. Re:Bullshit by Anonymous Coward · · Score: 0

      BTW, I think every time a decision like this has been made, it has always be by a margin of one. In other words, one No vote instead of Yes would tip the scale toward the other side.

  9. Who cares? by khasim · · Score: 1

    Something tells me that Kennedy is the only Justice who didn't realize the loopholes existed.

    Who cares whether loopholes exist or not? You do NOT make laws that depend upon OTHER laws to be complete.

    If you believe that existing law X will handle the "loopholes" in new law Y that is no reason to support Y.
    Because you cannot depend upon X always being ruled as "Constitutional" or even enforced or not contradicted by new law Z.

    This goes beyond "naive".

    1. Re:Who cares? by FatSean · · Score: 1

      Right. He's Naive, the dissenters were wise and the other majority Justices were calculated.

      --
      Blar.
    2. Re:Who cares? by mea37 · · Score: 5, Informative

      Perhaps you're not aware, but the Supreme Court didn't "make [a law] that depend[s] upon [an]OTHER law". The Supreme Court doesn't make laws, period.

      The Court did apparently make assumptions about the implications of a particular interpretation, but that's pretty much unavoidable. It speaks to the excessive complexity of our body of laws that they could not predict the outcome correctly.

      While I disagree with the Court's ruling, the I do not find such severe fault as you do with the specific detail of meaning (but apparently failing to say in a binding way) "...following the same rules as everyone else".

    3. Re:Who cares? by Jane+Q.+Public · · Score: 4, Insightful

      I agree that this goes beyond naive. It is almost unbelievable that the Supreme Court would expect greater transparency where it is not explicitly required.

      The only thing that makes it believable is the rash of other outrageous -- I will go so far as to say stupid -- Supreme Court decisions recently. I won't go into those, but even so I suspect the older members of the Supreme Court of gradually increasing senility, and the newer members of not having properly studied history... in addition to being overly-politically-motivated. Properly speaking, politics should carry no weight in court decisions. I know that is an idealistic dream, but still that is the ideal.

      The thing that makes this ruling by the Supreme Court so outrageous on its face is that corporations simply don't have "rights". They have the legal privilege of acting in business matters as a person. That is all. They do not have a "right" to vote, they do not have a "right" to bear arms, they do not have a "right" to free speech! Sure, individuals within corporations have the right of free speech, but that is not the same thing, and restricting corporate donations does not infringe on that right.

    4. Re:Who cares? by soppin'+tater · · Score: 1

      Yes, they do. The courts are one of the main sources of American laws. Look up "case law" sometime. Go retake high school civics, and listen this time.

    5. Re:Who cares? by Danse · · Score: 1

      Case law is simply the interpretations of actual laws made by the legislature. The courts don't make the laws. Without someone making actual laws, there's nothing to interpret, and the interpretations depend upon the wording of the laws written by the legislature.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    6. Re:Who cares? by commodore64_love · · Score: 1

      "Case law" is an inappropriate term. Courts make rulings and set precedents, but that doesn't mean future judges have to obey. For example if previous precedent established "segregating blacks from whites in Chicago is okay", that doesn't mean a judge is bound to it. He might say, "Well segregation violates the 14th. So I declare segregation to be null inside my jurisdiction," which might just be a single city, or could extend across a whole state or US district.

      Also courts are inferior to legislatures. Case "law" is inferior to Local law, which is inferior to State law, which is inferior to US law, which is inferior to Constitutional law. Decisions made by judges are the weakest form. They are akin to advisements, and not much else.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    7. Re:Who cares? by mea37 · · Score: 1

      I'm not sure exactly where you're coming from, or where you think I'm coming from, so allow me to clarify this point:

      As I said, I disagree with the ruling. I'm just saying that doesn't mean I'm going to jump on the bandwagon with every criticism of the ruling and those who made it, and I think GGP's comment about it being an incomplete law is out of line.

      I know many people find this hard to comprehend in a society that's so immersed in the polarized bitch-fests that pass for discourse these days, but that's how I roll.

    8. Re:Who cares? by Anonymous Coward · · Score: 0

      You go retake it and listen this time. they don't make laws. The legislative branch makes the laws. The courts interpret them, and by establishing case law, ie a body of such interpretations they guide the meaning and intent of the ruled on laws and subsequent laws. They can invalidate laws, they can refocus and re-interpret laws but the courts do not make laws.

    9. Re:Who cares? by Obfuscant · · Score: 3, Insightful
      The thing that makes this ruling by the Supreme Court so outrageous on its face is that corporations simply don't have "rights". They have the legal privilege of acting in business matters as a person. That is all.

      Corporations, as an entity made up of people, have just as many rights to speech as any other "entity made up of people". Trade unions, for example.

      If the National Education Association can dump tons of money into campaigns, and the SEIU (Oregon state employee union), and the UAW, then so should GM and other corporations be able to do so.

      We currently have an incumbent who is painting his opponent as "bought and paid for" because his campaign got a few thousand from a company while the rest of his money came in $100 and similar donations from a large number of people. The incumbent, however, is backed by many of the large unions and has gotten the vast majority of his money from them. Bought and paid for, he says?

      Now, you may claim that the unions are speaking with the voice of the members, but that is far from true. They speak with the voice of the leadership. The members are lucky if they can get their politically-based dues back without repercussions.

    10. Re:Who cares? by chris+mazuc · · Score: 1

      Also courts are inferior to legislatures.

      They are? You ever heard the phrase "co-equal branch of government"?

      Case "law" is inferior to Local law

      Local law trumps Supreme court decisions? Tell me another one...

      Decisions made by judges are the weakest form. They are akin to advisements, and not much else.

      You have a very serious misunderstanding of how the government of this country works.

      --
      E pluribus unum
    11. Re:Who cares? by Oxford_Comma_Lover · · Score: 1

      > The Court did apparently make assumptions about the implications of a particular interpretation, but that's pretty much unavoidable.

      Generally unavoidable, although they could do a better job, most of the time. We have the most important cases in the country being written by wet-behind-the-ears clerks, once. They're good clerks, but their words become law. One of the biggest developments in eminent domain in the last 20 years came from a case where the clerks were trying to finish an opinion over the weekend without making any new law, for example.

      At the very least, there should be multiple people drafting the majority opinion and they should pick the most well-reasoned and well-articulated one.

      They also need an empirical wing. They make massive policy decisions without data, using intuition which is often wrong. Lawyers are used to doing that, but that doesn't make it in intelligent way to run a government.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    12. Re:Who cares? by DrgnDancer · · Score: 2, Insightful

      they do not have a "right" to bear arms

      You know that's an interesting point. It's a completely logical extension of "Corporations have Free Speech rights", to "Corporations have all first amendment rights". Corporations with "freedom of religious expression" make me a little scared (could be an interesting end run around civil rights legislation), but there's definitely a sufficient conflict between the individual rights of employees and the "rights" of the corporation to make that at least a less likely problem. It's not a big logical step from there to "Corporations have the right to bear arms". That's a scary idea.

      Slippery slope arguments are often silly and convoluted, but in this case it's really *not* a huge jump from "Corporations have *this* Constitutional Right" to "Corporations have all Constitutional rights". One really does imply the other. Of course there's lots of interpretation to be done on what it would *mean* that Corporations have these rights (I mean, they're not cognizant sent entities with a single opinion), but the idea that they do *have* them is a short logical jump from this decision. That's more than a bit concerning.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    13. Re:Who cares? by Oxford_Comma_Lover · · Score: 1

      > Courts make rulings and set precedents, but that doesn't mean future judges have to obey. For example if previous precedent established "segregating blacks from whites in Chicago is okay", that doesn't mean a judge is bound to it.

      Not really. Future judges don't have to obey in the sense that they won't be locked up, but if they are obviously wrong under the law, they will frequently be corrected. When the Supreme Court said that segregation was okay, that was pretty much the ballgame for a long time. It takes a pretty major change in our entire culture, usually, for SCOTUS to override a prior decision, and that decision is the law of the land until they do. Lower courts follow it or risk being overturned by intermediate courts, and no judge wants to be overturned.

      Planned Parenthood v. Casey is an obvious example--the court refused to overturn Roe v. Wade, not really necessarily because they believed in it, but because overturning their precedent on such a divisive and active political area, where there had been no shift in the national culture, would greatly undermine the legitimacy of the court. That's why courts follow stare decisis, and why they pretend to. It's admittedly a fairly weak motivator, but it frequently works.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    14. Re:Who cares? by mea37 · · Score: 2, Insightful

      You're resting on the assumption that all groupings of people are created equal. I'm not sure I agree with that.

      A corporation is given specific benefits and expected to abide by specific rules. It does not transiently acqurie all the rights or responsibilities of the indivuals who make it up, and in particular an individual's right to expression cannot be exercised by leveraging corporate assets to which he or she might have access.

      Each corporation has a stated purpose for existing (though typically the founders keep this as broad as is legally acceptable), its assets are held to be used only in acceptable ways to advance that purpose, and the government has every right and interest in constraining what ways are acceptable.

    15. Re:Who cares? by Hatta · · Score: 1

      The only thing that makes it believable is the rash of other outrageous -- I will go so far as to say stupid -- Supreme Court decisions recently.

      No, Hanlon's razor states "Never attribute to malice that which can be adequately explained by incompetence". But I simply cannot believe that these highly educated men and women at the top of their field are either stupid or incompetent. Malice is the only possible explanation.

      --
      Give me Classic Slashdot or give me death!
    16. Re:Who cares? by Obfuscant · · Score: 4, Insightful
      You're resting on the assumption that all groupings of people are created equal.

      Far from it. That is why I did not say one word about voluntary collaborations of people formed for specifically political purposes.

      Unions are, for the most part, involuntary groupings formed based on employment or occupation, having no political purpose behind them. No, "collective bargaining" is not a political purpose, it is a commercial one.

      ... and in particular an individual's right to expression cannot be exercised by leveraging corporate assets to which he or she might have access.

      Then the same rules should apply to an individual who has access to union dues. Those are just as much "corporate assets" as "company money", and in many cases less so. If I own a company then those corporate assets are, indeed, mine.

      Each corporation has a stated purpose for existing ...

      Just as each union has.

      ... its assets are held to be used only in acceptable ways to advance that purpose,

      That's your opinion, but not the law. I suggest you contact Ben and Jerry's and tell them that their donations to civic causes are not allowed because they do not fall within the scope of "ice cream business". Or Progressive Insurance, which has that name not because they sell progressive insurance.

      ... and the government has every right and interest in constraining what ways are acceptable.

      Again, your opinion. In my opinion, the government has no right, and indeed no Constitutional authority, to tell me that I cannot spend the corporate assets of a company I own in any way I see fit. And for the potential pedant, I'll add "that is legal for any other citizen to spend his money."

    17. Re:Who cares? by tmannes · · Score: 1

      Given the direction of things (supreme court justices being very conservative, big money coming from businesses to leverage elections, the use of fear and hate, etc), I won't be the least bit surprised when the day comes when businesses have precisely the same rights as people, including the right to bear arms and to vote. You can be sure there are plenty of folks in big business already working on that.

    18. Re:Who cares? by Obfuscant · · Score: 3, Insightful
      Corporations with "freedom of religious expression" make me a little scared (could be an interesting end run around civil rights legislation), ...

      How so? Do you understand that there are corporations that are based on religion operations? How does the freedom of expression of a corporation in any way limit your civil rights?

      It's not a big logical step from there to "Corporations have the right to bear arms". That's a scary idea.

      How, exactly, does a "corporation" bear arms? Do you mean the people working at a corporation? Yes, they still have their individual rights. They do not lose their inalienable rights when they are hired.

      Do you mean "bear arms as part of the corporate operation"? Briggs and Wells Fargo and other armored car services come to mind as corporations that "bear arms" in that sense. Do those corporations scare you? I don't believe that the individuals in that corporation bear arms in violation to laws applicable to individuals, but I can't testify to that. I'm rarely scared by a passing fellow with a gun and a moneybag. YMMV.

      Or do you mean the corporation can "bear arms" in some other way? The Remington corporation comes to mind as a corporation that "bears arms" in a generic way -- boxes and boxes and boxes of guns sitting in warehouses. So too, Walmart, K-Mart, Bi-Mart, Gander Mountain, and any other retail corporation that stocks them.

      Slippery slope arguments are often silly and convoluted, but in this case it's really *not* a huge jump from "Corporations have *this* Constitutional Right" to "Corporations have all Constitutional rights". One really does imply the other.

      I am most disturbed not by the idea that corporations have the rights, but the idea that it is a "slippery slope" to think that having one right means one has them all. Yes, having one right means one has them all. That's part of them being "inalienable".

      ...(I mean, they're not cognizant sent entities with a single opinion),...

      It is a rare human being who has "a single opinion", or even unchangeable opinions. If we make a "unified, consistent set of opinions" a litmus test for having rights, we've removed any concept of "inalienable" or even "rights".

      And, if we make "unified opinion" a litmus test for "corporate" rights, we eliminate trade unions from the playing field of political speech, since the members of such unions rarely, if ever, have a single opinion about any political action.

    19. Re:Who cares? by commodore64_love · · Score: 1

      >>>ever heard the phrase "co-equal branch of government"?

      Ever heard of separation of powers? The law-making power is specifically listed by the Constitution(s) as belonging to the State Legislature and US Congress. For example a judge might rule, "It's okay for government schools to send laptops home, and record video of their students." That would be case precendent. But if the PA Legislature a month later passes a law forbidding spying on kids, then the Legislature's law will be *supreme* to the judge's opinion. His opinion will be nullified.

      So just like I said... judges opinions and precedents are inferior to the actual Written Law.
      .

      >>>Local law trumps Supreme court decisions?

      Yes. Let's suppose the Supremes ruled the city council of Baltimore shall be abolished, and run the city themselves (or assign the duty to congress). Local law, namely that passed by Maryland's Legislature creating Baltimore's council, would reign supreme over the court's opinion, because Amendment 10 forbids the SCOTUS from committing such an act (powers not given the US is reserved to the States). The Baltimore Council would not be dissolved, because the Law reigns supreme over mere judges.

      To suppose otherwise would place us under the "despotism of oligarchs" to quote Jefferson.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    20. Re:Who cares? by DrgnDancer · · Score: 1

      Corporations are not, last I checked, people. They contain people, certainly, and those people have rights. The corporation itself has no essential rights. You can't give "natural" rights to an artificial construct. People have rights. Corporations have privileges granted by law. Mostly because they only exist in law. Barring extreme situations like horrible accidents, birth defects or the future creation or discovery of non-human intelligence, I'm quite happy with the theory that if I can't shake it's hand, it's not a person.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    21. Re:Who cares? by orgelspieler · · Score: 1

      The only thing that makes it believable is the rash of other outrageous -- I will go so far as to say stupid -- Supreme Court decisions recently. I won't go into those...

      Christine O'Donnell, is that you?

    22. Re:Who cares? by Anonymous Coward · · Score: 0

      Corporations, as an entity made up of people, have just as many rights to speech as any other "entity made up of people". Trade unions, for example.

      If the National Education Association can dump tons of money into campaigns, and the SEIU (Oregon state employee union), and the UAW, then so should GM and other corporations be able to do so.

      What you're saying here is that anyone/anything who/that has the money can just pay it to those in power without restriction.

      Definitions of bribery on the Web:
      # the practice of offering something (usually money) in order to gain an illicit advantage
      wordnetweb.princeton.edu/perl/webwn

      # Bribery, a form of pecuniary corruption, is an act implying money or gift given that alters the behavior of the recipient. ...
      en.wikipedia.org/wiki/Bribery

      # the making of illegal payment, or bribes, to persons in official positions as a means of influencing their decisions
      en.wiktionary.org/wiki/bribery

      # bribe - make illegal payments to in exchange for favors or influence; "This judge can be bought"
      # bribe - payment made to a person in a position of trust to corrupt his judgment
      wordnetweb.princeton.edu/perl/webwn

      I don't think I have to add anything more here.

    23. Re:Who cares? by tthomas48 · · Score: 1

      The big difference is that there are very few unions left, and a huge number of corporations sitting on enormous cash reserves. Which will lead to fewer unions.
      Let's assume that the eventual abolishment of all unions has already happened (since with the amount of money corporations can pour into races it will). How do you feel about this law? Comfortable with it?

    24. Re:Who cares? by cayenne8 · · Score: 1
      "Ever heard of separation of powers? The law-making power is specifically listed by the Constitution(s) as belonging to the State Legislature and US Congress. For example a judge might rule, "It's okay for government schools to send laptops home, and record video of their students." That would be case precendent. But if the PA Legislature a month later passes a law forbidding spying on kids, then the Legislature's law will be *supreme* to the judge's opinion. His opinion will be nullified.

      So just like I said... judges opinions and precedents are inferior to the actual Written Law."

      Unless of course...someone challenged said PA law, and the supreme court (likely of the state first) ruled that that law was unconstitutional, then of course, the previous situation for use of laptops for recording at home would be ok again.

      I agree mostly with you, but even the legislatures aren't supposed to be able to pass laws that violate the constitution of the state or federal level.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    25. Re:Who cares? by cayenne8 · · Score: 1
      "Generally unavoidable, although they could do a better job, most of the time. We have the most important cases in the country being written by wet-behind-the-ears clerks, once. They're good clerks, but their words become law. One of the biggest developments in eminent domain in the last 20 years came from a case where the clerks were trying to finish an opinion over the weekend without making any new law, for example."

      I'd not heard this about the clerks...do you have some links with stories about this??

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    26. Re:Who cares? by WheezyJoe · · Score: 2, Insightful
      Okay, first things first.

      You're resting on the assumption that all groupings of people are created equal.

      Far from it. That is why I did not say one word about voluntary collaborations of people formed for specifically political purposes.

      Unions are, for the most part, involuntary groupings formed based on employment or occupation, having no political purpose behind them. No, "collective bargaining" is not a political purpose, it is a commercial one.

      Collective bargaining is inherently political. Commerce is regulated by politics, and politics is influenced by commerce. And the power of the state is involved in any dispute between union and labor, e.g., the rights of labor to petition, contract matters, even the matter of obtaining a permit to picket. Before unions had political influence, the government would often come to the aid of companies in conflict with their workers. Think Department of Labor. Think Labor Day. Collective bargaining is nothing if not an exercise of political power.

      Again, your opinion. In my opinion, the government has no right, and indeed no Constitutional authority, to tell me that I cannot spend the corporate assets of a company I own in any way I see fit. And for the potential pedant, I'll add "that is legal for any other citizen to spend his money."

      A corporation is not the same as "your money". A corporation is an artificial, legal entity created by a state that has its own assets and its own liability. Most particularly, it can sue, be sued, own property, even go bankrupt, but the assets of the owners of the corporation are protected. Normally, only knowing commissions of fraud or crime are grounds to "break the corporate veil" and give plaintiffs access to an owners personal assets.

      This is an extraordinary protection. And has absolutely no constitutional basis (but you're welcome to look for it yourself). Thus, the rights of a corporation are completely arbitrary, created by government and therefore changeable and may be regulated by government for any reason. States like Delaware and South Dakota, for example, are comparably lenient on corporations, thereby to be more attractive as a registration site.

      In other words, a person, e.g., you, have the right to express yourself in any way you choose. But if you incorporate, and your corporation makes money, you do NOT inherently have the right to spend your corporate assets in any way you choose. You could, of course, pay yourself a big bonus and then do what you want with it, but there are rules regarding liabilities and your obligations to your co-owners. Throwing a $million birthday bash for your wife with corporate funds is not a good idea.

      The abuse comes because one can incorporate anything. Most taxis in New York are owned by a hand-full of corporations. But if a taxi hits you and you sue, you will find yourself suing a tiny nothing-corporation with no assets other than that individual taxi; the assets of the parent corporation will be out of your reach. The same chicanery is applied to politics.

      The point is, the rights of a corporation have no constitutional basis. Really. Go and look for some. There is no language in the constitution pertinent to corporations (notice how many times the Constitution expressly says "person"), nor is there any evidence that the Founders considered corporations when framing the document. On the contrary, the matter of corporations was left entirely to the states until late in the 18th Century at the earliest.

      No constitutional rights means free to regulate... speech, commerce, anything. And whocan argue that corporate speech isn't targeted, at least ultimately, to making a bigger buck? Hence, Kennedy and the Ro

      --
      Take it easy, Charlie, I've got an Angle...
    27. Re:Who cares? by cduffy · · Score: 1

      ... its assets are held to be used only in acceptable ways to advance that purpose,

      That's your opinion, but not the law. [...] Or Progressive Insurance, which has that name not because they sell progressive insurance.

      I believe the parent was referring to the corporate charter, not the name. That said -- charters have indeed been far less effectively limiting since 1819 or therebouts.

    28. Re:Who cares? by Blakey+Rat · · Score: 3, Interesting

      Anecdotal, but my mom was unable to get her dues back from the Washington State Teacher's Union, when she opposed their political spending.

    29. Re:Who cares? by mea37 · · Score: 1

      "Then the same rules should apply to an individual who has access to union dues."

      I've not commented on whether unions should be able to make campaign contributions. The topic is corporations.

      "... its assets are held to be used only in acceptable ways to advance that purpose,

      That's your opinion, but not the law. I suggest you contact Ben and Jerry's and tell them that their donations to civic causes are not allowed because they do not fall within the scope of "ice cream business"."

      Can you quote Ben and Jerry's purpose as stated in their corporate bylaws? I bet you can't. I also bet the phrase "ice cream business" doesn't appear in there anywhere.

      So setting your non sequitur aside, no it isn't "my opinion", it's a fact of law and has been enforced in the past by shareholder lawsuits.

      A corporation does typcially have a certain amount of lattitude. Charitable efforts, to the extent that they don't financially cripple the company's direct efforts towards its state purpose, are generally accepted as an attempt to support the business through PR and buliding good will.

      And certainly it is true that campaign contributions can support a corporation's mission; hence the importance of the other fact you seem to mistakenly believe is my opinion:

      "... and the government has every right and interest in constraining what ways are acceptable.

      Again, your opinion. In my opinion, the government has no right, and indeed no Constitutional authority, to tell me that I cannot spend the corporate assets of a company I own in any way I see fit"

      Nonsense. Let's start with the obvious: the executivies making decisions about campaign contributions do not "own" their respective corporations.

      Second, what you're claiming is that if you contribute some of your assets into a corporation, you should get all of the benefits the government offers you as part of that deal but should still have full personal control of your assets, which is bs on its face.

      The authority the government has to regulate a corporation's actions (above and beyond those of individuals) comes from the deal that a group of individuals made with the government in forming the corporation; those are the costs for liablity shields, special tax treatment, etc. without which those corporate assets (which are not the same thing as your assets even if you "own" the company) would never have been amassed.

    30. Re:Who cares? by Obfuscant · · Score: 2, Insightful
      Let's assume that the eventual abolishment of all unions has already happened...

      If you are going to assume something that will never happen, we might as well assume that the deficit is gone, everyone makes a million dollars a year, and that there is peace and joy all over the planet with no hunger and no pestilence. Gitmo is closed, we're out of Iraq/Afghanistan completely, Hamas and Israel are buddies, nobody ties bombs to their children and sends them to the local markets or on the bus, and sea levels/climate changes are stable and nonthreatening.

      There aren't "very few unions left", and they will never be fully abolished. It would require a complete rewrite to the US Constitution for such a prohibition to occur.

      But this is wandering far afield from my original comment. I was pointing out that if corporations do not have the right to donate money to political causes, then unions should lack the same right and have the same controls. That is an argument neither for nor against corporate/union campaign contributions, just an argument that the color you paint one naturally paints the other.

      How do you feel about this law? Comfortable with it?

      The law abolishing unions? Won't happen. There are too many unions and too much union money in play for that to ever happen.

      Did you not notice how the UAW managed to get paid off by Mr. Obama at the expense of every stockholder in GM? There are a lot more stockholders of GM (and some of them are VERY rich) than there are union members. If the corporation was in charge, it wouldn't have happened.

    31. Re:Who cares? by Blakey+Rat · · Score: 1

      Let's assume that the eventual abolishment of all unions has already happened (since with the amount of money corporations can pour into races it will). How do you feel about this law? Comfortable with it?

      I am, yes.

      I'm also not crying over the abolishment of horse buggies, or ice delivery vans, or any other now-obsolete products of the turn of the (last) century.

    32. Re:Who cares? by Obfuscant · · Score: 1
      Why yes, I keep complete and accurate lists of every union member who has tried to take advantage of the "opt out" laws regarding political campaign spending. It's right here next to my photos of the inside of Area 51 hangers and my copy of the Q'ran translated into Hebrew.

      Given that the unions are bad at separating the expenses into the necessary categories, and that those who do support the political causes the union gives money to will be unhappy with anyone who cuts back on the available money, it is not hard to understand that there will be repercussions for anyone who tries, and those who don't suffer any are lucky. Mostly lucky that their co-workers don't know they did it.

    33. Re:Who cares? by Anonymous Coward · · Score: 1, Informative

      The union is obligated to do so.

      "A landmark 1988 U.S. Supreme Court decision, Communications Workers v. Beck, established that union members cannot be forced to pay for activities unrelated to collective bargaining."

    34. Re:Who cares? by Oxford_Comma_Lover · · Score: 1

      > I'd not heard this about the clerks...do you have some links with stories about this??

      Alas, no, though I haven't made a study of it. This is based on everything I've heard from those who do. (Law Professors, former SCOTUS Clerks, etc...)

      I don't *think* any of the justices write their own opinions right now--it's very rare. I believe that... Stevens? Either Stevens or Scalia used to do it, but stopped somewhere along the way.

      To be fair, they are very good clerks, but I still think we should at least have competition. The cases have varying opinions authored by clerks of different justices according to those justices' positions, but IMHO they should also have multiple versions of opinions with the same position and pick the one that's best, since it will guide people across the country for many years.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    35. Re:Who cares? by copponex · · Score: 0

      So, no, you don't have any evidence to support your claim. Thanks.

    36. Re:Who cares? by tthomas48 · · Score: 1

      Or democracy I take it.

    37. Re:Who cares? by BourneTolouse · · Score: 1

      False equivalence. Union leadership is voted on by union members. Corporate leadership is determined by voters that bought every vote they cast. You can complain and slant your analysis any way you want, but unions and corporations are not the same.

    38. Re:Who cares? by tthomas48 · · Score: 1

      See trends:
      http://en.wikipedia.org/wiki/File:Union_Membership_and_Support.svg

      You don't have to abolish unions. You can just export all jobs that are unionized. Put in some laws to get rid of unions in the public sector (ala TSA), and boom, no more unions. In the last decade we've had more than a 15% drop in union membership. I'm curious as to why you've got such a rosy outlook on them.

      The only reason GM was bailed out was so that the job market wouldn't be flooded with every GM employee at the height of a historic recession. Sure it was a way to garner votes, but any politician would have done it.

      I don't think even with the rhetoric that anyone though GM had much of a future. GM wasn't a failure because of its labor. Its labor just brought about its demise sooner rather than later. GMs inability to design vehicles people would buy without paying them to do so was what did them in. And GMs shareholders were morons for holding onto what was obviously a worthless piece of paper.

    39. Re:Who cares? by Abcd1234 · · Score: 1

      I'd be surprised if I read a story of any of these million dollar corporations holding a vote amongst shareholders whether and to whom they should donate a political contribution.

      What the... no. They're the corporations.

      You have no idea what a corporation actually is, do you?

      he government has no right, and indeed no Constitutional authority, to tell me that I cannot spend the corporate assets of a company I own in any way I see fit.

      No, you really don't. And yet you feel you can wax authoritative about the powers of the government vis a vis a corporation.

      Hint: The assets of a corporation are the corporation's. If you incorporate, and that corporation has assets, they are *NOT YOURS* to use as you see fit. The corporation is a separate legal entity, and those assets belong to that entity. If you want to use that money for your own use, you have to pay yourself a salary or a dividend on shares, at which point you receive income or a capital gain, and you can then spend that money freely. But at that point, *you* are spending the money, *not* the corporation.

    40. Re:Who cares? by dgatwood · · Score: 2, Informative

      Unions are, for the most part, involuntary groupings formed based on employment or occupation, having no political purpose behind them. No, "collective bargaining" is not a political purpose, it is a commercial one.

      And that's why, at least in most states, unions are required by law to allow you to opt out of paying all union dues except the portion that directly contributes to its expenses in collective bargaining. To the extent that this is the case, any political contributions made by a union are to a large extent determined by the consent of its members, unlike a corporation's contributions, which are only determined by the consent of its board members.

      --

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

    41. Re:Who cares? by dgatwood · · Score: 1

      I've not commented on whether unions should be able to make campaign contributions. The topic is corporations.

      Just to be pedantic here, most labor unions are legally corporations under 501(c)5. Similarly nonprofits under 501(c)3 are also corporations, as are political action committees under 527. You need to be a lot more specific than just "corporations" here. Maybe "for-profit corporations".

      --

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

    42. Re:Who cares? by pregister · · Score: 1

      My understanding is that they can't have an empirical wing.

      Appeals courts jobs are to answer questions of law, not questions of fact. Questions of fact are determined at the original trial. They are decided by the judge or by the jury.

      For the supreme court, the finders of fact are the original court and/or the Congress.

      From my, admittedly few, conversations with lawyers or judges, appeals courts tend to be pretty leery about overturning findings of fact from the original trial.

    43. Re:Who cares? by Pseudonym+Authority · · Score: 1

      Perhaps you're not aware, but the Supreme Court didn't "make [a law] that depend[s] upon [an]OTHER law". The Supreme Court doesn't make laws, period.

      Right, they set precedence that every lower court will be forced to follow in the interpretation of other laws. Is that REALLY much of a difference though?

    44. Re:Who cares? by Anonymous Coward · · Score: 0

      Each corporation has a stated purpose for existing ...

      Just as each union has. ... its assets are held to be used only in acceptable ways to advance that purpose,

      That's your opinion, but not the law. I suggest you contact Ben and Jerry's and tell them that their donations to civic causes are not allowed because they do not fall within the scope of "ice cream business".

      I suggest you read up on Ben and Jerry's mission statement which is more than just "to make money from iced cream." http://www.benandjerry.com.au/activism/mission-statement/

      You know, before you make an uninformed comment on slashdot that makes you look like an ignorant ass.

    45. Re:Who cares? by steelfood · · Score: 1

      Again, your opinion. In my opinion, the government has no right, and indeed no Constitutional authority, to tell me that I cannot spend the corporate assets of a company I own in any way I see fit. And for the potential pedant, I'll add "that is legal for any other citizen to spend his money."

      This is blatantly untrue, and your assumption otherwise is incredibly telling.

      The money in a corporation is not yours explicitly. It belongs to the corporation, and the majority shareholders of the corporation. But it isn't yours. The differences are huge: When you use your corporation's money, you can potentially write off the expense. When you use your money, you cannot write it off. Corporate income is taxed differently from personal income. Corporations are separate entities from its shareholders; if your corporation goes bankrupt, your personal affects cannot be used to pay off the corporation's debt.

      A consulting "company" or some other one-person corporation is arguably synonymous with the individual owner for all practical purposes. But they are by no means equal legally, nor are they entitled to the same legal privileges and protections.

      That having been said, I agree that unions should not be any more powerful than a corporation. But just because a union has been granted a certain privilege doesn't mean that corporations should be granted the same privilege to "balance the playing field." There's been a continual power grab since the 50's from both sides, and it is all done at the expense of the individual.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    46. Re:Who cares? by Oxford_Comma_Lover · · Score: 1

      > My understanding is that they can't have an empirical wing.

      > Appeals courts jobs are to answer questions of law, not questions of fact. Questions of fact are determined at the original trial. They are decided by the judge or by the jury.

      > For the supreme court, the finders of fact are the original court and/or the Congress.

      > From my, admittedly few, conversations with lawyers or judges, appeals courts tend to be pretty leery about overturning findings of fact from the original trial.

      Yes and no. Questions of fact are handled by the original court--but that doesn't mean that empirical information has no place in a policy decision. On appeal, courts will consider how to set the rules of law and what implication that will have on the ground. They draw conclusions based in significant part based on policy arguments that are not "questions of fact" having to do with the particular trial.

      An empirical wing would be useful to test the assumptions on which some of their decisions are based. Empiricism is classically a legislative function, but practically, its absence from courts makes for bad law. If they were as strict about logic as they are about rules of evidence, the law would be far more coherent and fair.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    47. Re:Who cares? by Anthony+Mouse · · Score: 1

      So this brings the question of indirection. A corporation can spend money from its treasury to buy an ad that says "Sony Pictures Corporation supports Sonny Bono for Congress" or whatever. The problem comes when Sony gives money to "The Campaign for Permanent Copyright" and they're the ones who put their name at the bottom of the advertising.

      And we can't just get rid of organizations like that, because individuals need them to pool resources.

      But what we can do is to say that corporations don't need them. Corporations are already pooled resources. So let's ban multi-level indirection: An individual can provide money to an organization for political purposes, but an organization can't. Organizations can still spend money for political purposes, they just have to do it in their own name. And punish directing corporate money to any other organization for political purposes as money laundering.

      If you're feeling kind to the corporations, we can also create an allowance for donating corporate money to another organization for political purposes if the donor has its name listed in every subsequent publication made by the donee and anyone the donee provides money to. (This would be brilliant for political campaign "organizations": "Paid for by the committee to elect George W. Bush and Dick Cheney, sponsored by Halliburton.")

    48. Re:Who cares? by yndrd1984 · · Score: 1

      Corporations are not, last I checked, people.

      Surprise!

    49. Re:Who cares? by Belial6 · · Score: 1

      Well, that's pretty naive. Of course the Supreme Court makes laws. Haven't you ever heard of the "Interstate Commerce Clause"? Maybe your are confused because there was a similarly named clause in the Constitution. The one that is reference now is not the same law, as the Constitution definitely was not written to give the Federal Government authority over anything that might have to do with money that could one day cross a state border.

    50. Re:Who cares? by drsmithy · · Score: 1

      The thing that makes this ruling by the Supreme Court so outrageous on its face is that corporations simply don't have "rights". They have the legal privilege of acting in business matters as a person. That is all. They do not have a "right" to vote, they do not have a "right" to bear arms, they do not have a "right" to free speech! Sure, individuals within corporations have the right of free speech, but that is not the same thing, and restricting corporate donations does not infringe on that right.

      No, the fundamental problem here is that campaign donations are not speech. The basic premise is wrong, and until it is rectified no amount of trying to remedy the consequences will help.

    51. Re:Who cares? by TapeCutter · · Score: 3, Informative

      I agree that corporations and unions should be treated the same for the purposes of political donations. However I think you will find that all but one union has revenues of less that $20M/yr and the vast majority can only dream of revenues in excess of $1M/yr. The one union with revenues in exess of $20M/yr rakes in $175M/yr which in the grand scheme of things is peanuts. The notion that they can compete on an equal footing with corporate donations in a $1.5B campaign is laughable, the average US CEO's remuneration of $8.5M dwarfs the yearly revenue of all but a handfull of unions.

      Note: The source for the union figures is the US DOL, they have a web app where you can look these things up but I used my fragile memory since I can't be bothered finding the link.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    52. Re:Who cares? by Anonymous Coward · · Score: 0

      Unions are, for the most part, involuntary groupings formed based on employment or occupation, having no political purpose behind them.

      That's where you guys (conservatives) shot yourselves in the foot in California. Since any person can opt out of having their union dues used for political purposes, union campaign spending in California is voluntary. Even with strict laws against contributions by "groups", you'll have a hard time banning money from voluntary associations of individual persons.

      No, "collective bargaining" is not a political purpose, it is a commercial one.

      Yes, but the proximate benefactor is a person. This is not true of a corporation. When a union negotiates with a business a certain labor rate, a human being is the recipient of that rate. When a corporation "negotiates" a price for their good or service, a human being is not the direct recipient of that rate.

    53. Re:Who cares? by Jane+Q.+Public · · Score: 1

      To be honest, it probably wasn't your post I should have replied to. I was on my own soapbox. Pardon any misunderstanding.

    54. Re:Who cares? by sumdumass · · Score: 1

      I've not commented on whether unions should be able to make campaign contributions. The topic is corporations.

      You can't really separate the two as that is the basis of the ruling. You have a law permitting one group of people to do something and forbidding another from doing the same thing based solely on nothing more that a like or dislike of the group. The court said that you can't allow one group of similarly situated people to do something while constraining the other.

      That is where unions come into play. They are all corporations. If one group of like people can do something, then you can't discriminate against another group of like people. That's what the court said. If you want to limit one, you either need to limit both or limit neither, or find a way to specifically differentiate between the two that can stand up in court and then limit the different group.

    55. Re:Who cares? by sumdumass · · Score: 1

      That's where you guys (conservatives) shot yourselves in the foot in California. Since any person can opt out of having their union dues used for political purposes, union campaign spending in California is voluntary.

      Not really. Obviously you have never attempted to do that. If your non-union in a union shop which is what that would be, you get harassed by union employees and in some cases, put in a working environment that encourages your leaving employment there. I opted once and it came back to bite me. I have heard from several at other places that it's all like that.

      Even with strict laws against contributions by "groups", you'll have a hard time banning money from voluntary associations of individual persons.

      If your going to ban money from groups, just ban all of it. If it's voluntary, then each individual can put their name beside the contribution or whatever and you don't need a group.

      Yes, but the proximate benefactor is a person. This is not true of a corporation. When a union negotiates with a business a certain labor rate, a human being is the recipient of that rate. When a corporation "negotiates" a price for their good or service, a human being is not the direct recipient of that rate.

      Are you sure what a corporation is? It's nothing less then a group of people who own the business. If the negotiation for the price or service benefits the corporation, it in essence benefits the owners or shareholders in other words. When a corporation profits, the owners profit. It's that simple.

    56. Re:Who cares? by sumdumass · · Score: 1

      Let me get this straight. Your saying that you are smarter then these highly educated men and women at the top of their field somehow?

      I mean seriously, lets keep ideology out of this and look at the facts of law and the constitution. We are talking about a ruling that said, you can't discriminate with the law. The ruling said that because other groups of people are allowed to assemble for political speech, specific corporations shouldn't be singled out and forbiden (yes, unions are corporations, PACs are generally corporations).

      Perhaps you are missing the argument in order to impose your beliefs over top of it?

    57. Re:Who cares? by JimFive · · Score: 1

      Apart from your anti-union bias, you are correct. But the solution is not to allow corporations a free hand. The solution is to treat all associations the same way - denying them the privilege of influencing the political process. The short version is: If you cannot vote in a particular election/race then you are not allowed to influence that election/race. No monetary or other donations, no political ads, nothing.

      This should include all organizations including political parties, unions, corporations, churches, and any other group.
      --
      JimFive

      --
      Please stop using the word theory when you mean hypothesis.
    58. Re:Who cares? by the-matt-mobile · · Score: 1

      If you want better transparency, that's up to CONGRESS to make the laws. I for one am glad the Supreme Court decided as it did - I may not like the results of the decision as it stands now, but that's not the fault of the Supreme Court whose job it is to interpret the Constitution, not to make new laws. If you're mad, vote 'em out next week.

    59. Re:Who cares? by Anonymous Coward · · Score: 0

      Hey buddy, there already is a 3rd person gender-neutral pronoun. "They." and yes, it is singular.

  10. Transparency by Lije+Baley · · Score: 1

    ...they would have named him Cmdr Spellright...

    --
    Strange things are afoot at the Circle-K.
  11. Why would anyone expect different? by digitaldc · · Score: 1

    With lobbyists, campaign contributors, secret donors, 2-party stranglehold, disinformation, barriers to entry and messed-up electronic voting machines...this is absolutely the best 'Democracy' money can buy!

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  12. simple fix by corbettw · · Score: 3, Interesting

    The problem is not corporate/union donations to individuals, the problem is one of transparency. Focus on that and on closing the "loopholes" mentioned in the summary, rather than beating your chests about the supposed unfairness surrounding the act of individuals joining together to pool their resources for political change. Anything else is merely a red herring.

    --
    God invented whiskey so the Irish would not rule the world.
    1. Re:simple fix by FatSean · · Score: 1

      So the Supreme Court should have refused to hear the case and kicked it back to the legislature?

      --
      Blar.
    2. Re:simple fix by Scrameustache · · Score: 1

      the supposed unfairness surrounding the act of individuals joining together to pool their resources

      It's not about individuals pooling resources together, it's about how some individuals have more resources by themselves than can be pooled by others. It's about the difference between a democracy and a plutocracy.

      --

      You can't take the sky from me...

    3. Re:simple fix by corbettw · · Score: 3, Insightful

      I see, so you think it's OK to limit someone's freedoms because they have more wealth than you? Please explain how that's right or fair. And please don't bother with inane utilitarian concepts of "the greater good". You aren't Jeremy Bentham and you're not going to make a more cogent argument than he ever could.

      I'm going to say this again, and more clearly and forcefully: it is immoral to trample on one person's rights because you think other people will be somehow better off if you do so. The fact of the matter is, those people will not be better off as we all suffer when rights are sacrificed for convenience or good feelings.

      --
      God invented whiskey so the Irish would not rule the world.
    4. Re:simple fix by TheEyes · · Score: 1

      So the Supreme Court should have refused to hear the case and kicked it back to the legislature?

      Yeah, pretty much.

    5. Re:simple fix by Anonymous Coward · · Score: 0

      But it is OK to extend their rights if they are wealthier than me.

    6. Re:simple fix by Anonymous Coward · · Score: 1, Insightful

      it is immoral to trample on one person's rights because you think other people will be somehow better off if you do so.

      How is that true? That is the definition of laws: that society will limit an individual rights for the greater good. Or is the fact that one can't go on a murderous rampage without legal penalty an individual rights travesty?

    7. Re:simple fix by jeff4747 · · Score: 1

      Transparency is not possible.

      Corporation A wants to buy an election. So they fund Corporation B, "Kittens and Puppies are Cute, inc". Corporation B funds Corporation C, "Election Purchases, Inc", which does electioneering.

      Let's pretend that new law requires electioneering corporations to disclose their funding sources. So Corporation C duly discloses their funding source, Corporation B. Corporation B is not doing electioneering, and is not required to disclose their funding sources. And as a private corporation, Corporation B doesn't have to disclose anything other than the name and address of the corporate officer(s).

    8. Re:simple fix by jeff4747 · · Score: 1

      I see, so you think it's OK to limit someone's freedoms because they have more wealth than you?

      There is no freedom from responsibility. If an incredibly rich person wants to buy an election, they have the right to spend an enormous sum of money on it. Publicly.

      Corporations were explicitly created to avoid responsibility. That same billionaire can now try to buy the election secretly. That isn't right.

      Replace "billionaire" with multinational corporation, and the same applies. The reason to keep corporations from being able to electioneer is that there is no way to have responsibility for their actions.

    9. Re:simple fix by PitaBred · · Score: 1

      If someone has more wealth and therefore power, yes, I do think it's reasonable. That's the entire point of the First Amendment, that nobody's voice is marginalized because someone else can shut them up.

      I'm not saying we should force the wealthy to be quiet. I'm saying we should force them to be honest about what they're funding. If BP or BP executives are funding "Americans for the Environment" ads that say "Oh, spilling oil isn't a problem!", you don't have a problem with that anonymous "group" being the one responsible for the content of the advertising, basically acting to shield the actual company responsible for the ad from being publicly associated with the ad.

    10. Re:simple fix by hamburger+lady · · Score: 1

      congress isn't going to be very interested in closing these loopholes you mention, as they rely heavily on corporate donations to win elections. besides which, there's a good likelihood that any such law will be enjoined at the federal level until the scotus takes a look at it which could take years.

      we're pretty much boned.

      --

      ---
      Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
    11. Re:simple fix by kinkozmasta · · Score: 1

      There are three reasons. One, money does not equal speech so there is no constitutional freedom being lost by regulating how much an individuals can spend in an election. The two things are fundamentally different. Any individual in society has the ability to produce as much or as little speech as they would like to infinity. However, money is always limited and distributed unevenly throughout society. Two, Corporations are not people and should not be afforded the same rights as people. Three, a democracy is supposed to be one person one vote, however, pretending like money equals speech completely changes this equation. When one person or a small group of people contain the vast majority of the resources then they can use those resources to completely drown out every other voice. You get a situation where 10% of society gets all the say and the other 90% get to contribute nothing to the discussion. Where is the freedom in that?

    12. Re:simple fix by Anonymous Coward · · Score: 0

      I see, so you think it's OK to limit someone's freedoms because they have more wealth than you? Please explain how that's right or fair. And please don't bother with inane utilitarian concepts of "the greater good". You aren't Jeremy Bentham and you're not going to make a more cogent argument than he ever could.

      I'm going to say this again, and more clearly and forcefully: it is immoral to trample on one person's rights because you think other people will be somehow better off if you do so. The fact of the matter is, those people will not be better off as we all suffer when rights are sacrificed for convenience or good feelings.

      Wipe the Ayn Rand cuntjuice off your lip and put your brain back in gear. If I donate $500 to a political candidate, it's a public record that must be disclosed and is strongly regulated. I don't have the resources to set up a shell "action committee" like the megarich have been using to hide their donations, but apparently making them play by the same rules as everyone else is somehow infringing their "rights".

    13. Re:simple fix by aztektum · · Score: 1

      There is a bit of a problem in that I don't have thousands/millions/billions of dollars to throw at my candidates to help them stay in office. When someone does such a thing for you, you're more inclined to honor that persons opinions/requests at the expense of others.

      --
      :: aztek ::
      No sig for you!!
    14. Re:simple fix by Hatta · · Score: 2, Funny

      I see, so you think it's OK to limit someone's freedoms because they have more wealth than you?

      If you have a problem with it, I'd gladly trade you those rights for that wealth. Oh, what? No deal? Maybe it's not so bad being a rich bastard after all.

      --
      Give me Classic Slashdot or give me death!
    15. Re:simple fix by Rob+the+Bold · · Score: 2, Insightful

      First, this is a strawman:

      I see, so you think it's OK to limit someone's freedoms because they have more wealth than you? Please explain how that's right or fair.

      And an appeal to authority:

      And please don't bother with inane utilitarian concepts of "the greater good". You aren't Jeremy Bentham and you're not going to make a more cogent argument than he ever could.

      And now you conflate rights and money. It's fine that they are the same to you. Others disagree, and therefore your definition of "moral" will be different from theirs.

      I'm going to say this again, and more clearly and forcefully: it is immoral to trample on one person's rights because you think other people will be somehow better off if you do so. The fact of the matter is, those people will not be better off as we all suffer when rights are sacrificed for convenience or good feelings.

      You can be as "clear" and "forceful" as you like, but simply stating that it's true because you say so (or Bentham says so) is not gonna convince anyone who doesn't already agree with you.

      We can trample rights as you say, and we do it all the time. It is neither moral or immoral, but reflects the fact that in some ways we are subject to the will of the rest of society, like it or not. I suspect you don't like it in many cases. In other cases, you probably are fine with it. Same here.

      --
      I am not a crackpot.
    16. Re:simple fix by yariv · · Score: 2, Insightful

      Well, if this id going to be a discussion of rights, please tell me how wealth (as opposed to immediate property, wealth - your stocks not your house) is a right and not a privilege given by the society. You aren't Ayn Rand, and I doubt you'll manage to make a more cogent argument than she ever could... You see, the limitations on those privileges make a lot of sense once you understand this...

    17. Re:simple fix by iamhigh · · Score: 2, Insightful

      I see, so you think it's OK to limit someone's freedoms because they have more wealth than you?

      Yep, that's what a society is. Always has been, always will be. Society is for the schumck that can't afford security guards, but can obey laws, contribute, and live better than a peasant. Society is for the middle class, and if you don't like it go start your own country, or move to the Mexican side of the border, that's close enough to lawlessness.

      --
      No comprende? Let me type that a little slower for you...
    18. Re:simple fix by Hatta · · Score: 2, Insightful

      No, society is for the rich. It's hard to stay rich when you're paying for your own security. Society lets you offload that cost onto the lower classes through taxes. Maintaining the appearance of influence makes it a lot less likely that you'll need that security too.

      --
      Give me Classic Slashdot or give me death!
    19. Re:simple fix by Anonymous Coward · · Score: 0

      No, it's not about limiting the rights of richer *individuals* but the rights of *corporations*. Those can be & are limited in all sorts of ways - in fact, corporations don't necessarily have 'rights' in the same sense as actual people. No need to drag in Bentham or utilitarianism.

    20. Re:simple fix by Anonymous Coward · · Score: 0

      A corporation is not a someone.

    21. Re:simple fix by Scrameustache · · Score: 2, Insightful

      I see, so you think it's OK to limit someone's freedoms because they have more wealth than you?

      No, I don't think it's OK to limit someone's freedoms because they have less wealth than you.

      --

      You can't take the sky from me...

    22. Re:simple fix by Dhalka226 · · Score: 1

      I'm going to say this again, and more clearly and forcefully: it is immoral to trample on one person's rights because you think other people will be somehow better off if you do so

      You forgot the "in my opinion" part. Actually you didn't forget it; you specifically left it out in order to give the appearance that yours in the only correct opinion and paint anybody who disagrees with you as immoral. That takes the right to have one's own opinion to a new level of arrogant douchebaggery.

      You specifically mention utilitarianism in your post, so you're not ignorant to the fact that there are other systems of morals and ethics than you hold. The fact that you rejected them does not make them invalid or a poor argument. Saying what amounts to "explain how doing something for the greater good is right, and don't bother mentioning any theories of right and wrong that espouse the greater good over the individual interest" just makes you look like an idiot pretending to be interested in the debate while telling the opposition that you don't care what they have to say. And more insufferably, considering such nonsense, non-argument to be some sort of intellectual victory.

      The fact of the matter is, those people will not be better off as we all suffer when rights are sacrificed for convenience or good feelings.

      Hardly a fact at all.

      For starters, you're simply assuming that the ability to spend as much money as you want influencing an election is a right. Most of the countries of the world that hold real, actual elections disagree with you, making it pretty clearly not some sort of universal, "God-given" right. At best it is a right granted in the US, and that is the subject of the debate meaning you're begging the question.

      If it is a right, then I should be able to outright bribe a politician. After all, money = speech = right, right? No? Okay, how about threatening him instead: "Vote yes for bill 802 or my $150,000 in campaign contributions goes to your opponent." I'm not buying his vote, he's free to vote how he pleases. Still no? Okay, I've got it. I won't say it, I'll simply call his office and say "I've donated a lot of money to this campaign and if you don't vote yes on 802, I would have a really hard time justifying why." Politicians live in a world where you can't say what you mean. He'll certainly get my point.

      Why should ANY of these behaviors be okay? Why should the idea that I have $150,000 to throw around guaranteeing that politicians vote the way I want them to or find themselves jobless be acceptable? Why should votes go to the highest bidders if we're going to pretend we have a true republic instead of an aristocracy? Hell, the only reason to stop me from doing any of this is because other people will be somehow better off. Obviously the inability to buy legislation I want leaves me worse off.

      The fact is, all of this is utilitarianism. It is the recognition that my interests are no more important than somebody else's interests, regardless of how much money I have or they have. The recognition that my vote is not worth more because it is backed by more money. The recognition that the fundamental fairness of the system is more important than my right to spend my money on whatever I want without exception. All the desire to get money out of the political system is is one more step in that direction.

      As far as your original post about "individuals pooling their resources," sometimes it is. More often it's a sham, claiming to be a random assortment of individuals in order to bypass other campaign finance laws. "Concerned Voters for Bill 802" sounds perfectly lovely, except when your realize that its chairman is Karl Rove or Al Gore. If you ever realize it. But hey, at least you know that organization is for Bill 802. It gets far worse when they have no issue, toeing the line of illegality in order to dump money for a candidate's campaign, ra

    23. Re:simple fix by corbettw · · Score: 1

      Not limiting someone's freedom of speech by, for example, allowing a group of individuals to pool their resources for political advertising does not put any limits, whatsoever, on what other individuals may do.

      --
      God invented whiskey so the Irish would not rule the world.
    24. Re:simple fix by corbettw · · Score: 1

      Why should ANY of these behaviors be okay? Why should the idea that I have $150,000 to throw around guaranteeing that politicians vote the way I want them to or find themselves jobless be acceptable?

      The short answer is: because someone else will also have $150,000 to spend how they want on political advertising, effectively rendering your money neutral.

      The fact is, even after the Citizens United ruling, corporate money and individual wealth has not had an appreciable effect on the amount of money available to politicians or their supporters. All of your arguments are completely pointless, because in the real world, none of what you evidently fear has happened in the US.

      The crux of your argument seems to be "if more people seem to be better off at the end of the day, it's OK to sacrifice a few individuals." That is just insane. Arguing that society, which is composed of individuals, has a greater social worth than any individual on their own is a statist approach that forgives (and in some ways encourages) totalitarianism. And you know who else placed a greater value on society than the individual?

      There, the thread has officially been godwinned. Happy?

      --
      God invented whiskey so the Irish would not rule the world.
    25. Re:simple fix by kharchenko · · Score: 1

      You fail to understand the point - it's not about some nebulous "greater good" - it's about protecting that very freedom of speech, for the vast majority of the population. The fact that my own attempts or attempts of any like-minded group of people to speak out through media channels are doomed to failure due to incredibly high costs is in fact trampling my rights. The price is certainly set by wealthy organizations (and in some cases individuals), and you can call it the market or whatever, but the end result is the same - the wealthy parties can speak out, and others effectively cannot (preaching on the street corner doesn't count).

      And the point gp made is that the wealth distribution in this country is such that even 90% of the folks in this country "pool" all the resources you can, the top 10% of the population will still be able to pool a lot more.

    26. Re:simple fix by Scrameustache · · Score: 1

      allowing a group of individuals to pool their resources for political advertising does not put any limits, whatsoever, on what other individuals may do.

      Turning that amp up to 11 does not put any limits whatsoever on how loud people can scream. If people wish to be heard, they can stand next to the 70000watt sound system and shout as loud as they want.

      --

      You can't take the sky from me...

    27. Re:simple fix by iwbcman · · Score: 1

      Typical entitlement mentality. You seem to think because you have more relative wealth than someone else that you should be entitled to greater political enfranchisement. This thinking coupled with the supreme court decision which equated money with political speech and the other decision that equated corporations with individuals is the legal precedent for Citizens United.

      In a democratic society all citizens have the same degree of political enfranchisement. It is the equality of the voices of the citizenry which makes a democracy democratic. In any political system where some are privileged or entitled to have more political enfranchisement than others, that political system is undemocratic.

      Unfortunately America has had to struggle to become democratic since it's inception-it did not start out democratic, and it still has a long way to go to achieve it. All the while Americans have been fed this line of bs about being democratic,when in fact America has ever only aspired to democratic ideals, so most Americans assume our society *is* democratic.

      Yet simple reflection on the history of America reveals that with each expansion of enfranchisement(former slaves, women, abolition of jim crowe laws) there has been movement afoot to diminish the efficacy of said enfranchisement by privileging certain classes and giving them a sense of entitlement-entitlement to greater political power, at the expense of others. Corporations are merely the newest class of "citizens" to be entitled to more political power than ordinary people.

      If there is ever to be any real progress towards realizing real democracy in America, the financing of political campaigns must be taken out of private sphere. All monies of political campaigns should be drawn from a public trust paid into by citizens and available to any and all candidates that can prove a degree of viable public support(5% of the population in the form of petitions to be listed on the ballot box). And to further ensure that each persons vote counts, an instant runoff voting system would go a long way to fully realizing the democratic ideals this nation was founded on.

    28. Re:simple fix by Snotman · · Score: 1

      Is that really the definition of laws? I disagree. Laws are an outcome of activities in a legislature. It really has nothing to do with societal good. However, the debate over governance and laws revolve, in some cases, around the individual's good versus societal good. Which is more important? Matter of fact, you gave a nice definition of socialism and this is in contrast to libertarianism or Liberals.Socialist and Liberal ideals are opposite which is why listening to pop politics is confusing.

    29. Re:simple fix by Snotman · · Score: 1

      Which rich man wants to buy an election? Nice fallacy. Who says that in order to have free speech, you have to identify yourself? There are many on slashdot that use anonymous coward to voice their opinion. Your argument sucks. The rich man has no more votes than the poor man. So what if he can waste his money on trumpeting his message in the public square. Have you reached another fallacy, generalization, and concluded that people should not hear the message of the rich man because they, like Odysseus, will crash onto an island of sirens to perish? Here is another stupid fallacy, all billionaires support politics the same. Do you not think that there are rich people on both sides of an issue? You are an idiot.

    30. Re:simple fix by Snotman · · Score: 1

      What are you talking about with the First Amendment? It says nothing of the sort. And nothing in the 1st Amendment says all voices are equal. But no one has created the correlation between speech and voting. There is an assumption in this thread that the message creates automotons out of people and they can't think when it comes time to vote. Please share evidence of this correlation, otherwise voting and speech really are not correlated. It is not like there is an independent and dependent variable in a function that will always guarantee the same set of values such that plugging in more speech equals guaranteed vote. So, if you want to waste your breath, poor or rich, at the public square, do it. It does not impact critical thinking. And it is not a requirement to think critically before getting to the voting booth. You can use any criteria you like to vote.

    31. Re:simple fix by Snotman · · Score: 1

      Hmmm, so at one time, I was taught that law is to protect the minority from the majority. So, it seems you think it is right to gang up on the few in order to make things as you see them as a choice between freedom and wealth. Go bully your way to right. That makes so much sense and really makes people want to work hard in order to succeed. Is it right to take what people have earned? I am sure you may be considered wealthy to many of the poor throughout the world. If I extrapolate your argument to another context, you feel that the US should be taxed heavily by the world because of its hard earned success. You are an idiot. No wonder people hate the US, they were educated in the same school of do nothing and take from others as you.

    32. Re:simple fix by jeff4747 · · Score: 1

      Which rich man wants to buy an election? Nice fallacy

      So...the discussion is about corporations electioneering, and you zoom in, laser-like to the counterexample instead of the actual topic of discussion.

      Who says that in order to have free speech, you have to identify yourself?

      Finding out where the money is coming from is part of deciding which candidate to support. Hence, donations to candidates are public. It is not unreasonable to expect the same standard when it comes to corporations.

      There are many on slashdot that use anonymous coward to voice their opinion.

      Slashdot is a private entity. You have no free speech rights here.

      Your argument sucks

      Well, so far you're actually not talking about my argument. And you're also demonstrating you don't quite understand that free speech only applies to government limitations, and thus do not apply to privately-owned message boards.

      The rich man has no more votes than the poor man.

      And yet both men have more votes than corporations.

      You see, the part you completely failed to understand is the rich guy trying to buy the election is perfectly ok.

      So what if he can waste his money on trumpeting his message in the public square. Have you reached another fallacy, generalization, and concluded that people should not hear the message of the rich man because they, like Odysseus, will crash onto an island of sirens to perish

      No. I just understand that advertising costs money, and it works.

      Here is another stupid fallacy, all billionaires support politics the same. Do you not think that there are rich people on both sides of an issue?

      Actually, the problem here is you're still not actually talking about my argument, where the billionaire buying an election is just fine. It's the corporate money that should remain off limits.

      What's truly bizarre is that even if we pretend I was saying billionaires shouldn't buy elections, you somehow came to the conclusion that required the billionaires to politically agree.

      You are an idiot.

      I strongly recommend actually reading what someone writes before calling them an idiot. It avoids the problem where you look incredibly dumb.

    33. Re:simple fix by nickmalthus · · Score: 1

      Corporations are artificial entities of the state and should be regulated as such. The government provides different types privileged status and recognition to a group of willing participants in order to generate an incentive for a particular socially beneficial activity, such as commerce, charity, political activity, etc. As a citizen the government has absolutely no right to impede on an individual's freedom of speech, freedom of association, or use of their property. However the government, as an advocate of the People, has the sole prerogative to dictate what liberties a particular role in a corporation is afforded. After all, incorporation involves the granting of special privileges such as legal protection and tax breaks in return for certain obligations such as shareholder meetings and separate tax filings. There is absolutely no mention of corporations in the Constitution and in actually the swell in the influence of corporations is a historically recent phenomena. It was practically impossible to incorporate until the later part of the 19th Century. Now days due to modern limited liability laws there is no practical reason to chose any other type of business enterprise other than incorporation.

      --
      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
    34. Re:simple fix by Anonymous Coward · · Score: 0

      it's OK to limit someone's freedoms because they have more wealth than you? Please explain how that's right or fair.

      With great power comes great responsibility.

      - Uncle Ben

  13. Capitalist Schwinehund !! by Anonymous Coward · · Score: 0

    Unter Gleben Glauben Globen !!

  14. Easy fix by commodore64_love · · Score: 4, Insightful

    Contributions may only come from registered voters (and with the current $2000 limit)
    That would exclude money from corporations.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    1. Re:Easy fix by Mongoose+Disciple · · Score: 3, Informative

      The problem isn't even direct donations to a candidate, really.

      It's that, for example, Microsoft could set up a shell group called "Concerned Citizens for Software Freedom" and funnel money into it to buy a million political ads that trashed a candidate running against a candidate they liked.

    2. Re:Easy fix by Anonymous Coward · · Score: 0

      What part of "Contributions may only come from registered voters", did you not understand?

    3. Re:Easy fix by Anonymous Coward · · Score: 2, Insightful

      It's not hypothetical. There are organisations that exist for exactly that purpose. For example, the FRC is a tax-exempt organisation promoting 'traditional family values' and all that general social conservative stuff - but, as a tax exempt organisation, they can't actually donate to any candidate. So they founded FRC Action, an open lobbying organisation that is not tax-exempt. Now FRC action does the actual donating, and the FRC itsself does... well, everything else, thus keeping it all shielded from tax.
       
        They were just the first example that came to mind. I'm sure there are plenty - on the left, on the right, and just on the side of maximising profits.

    4. Re:Easy fix by Anonymous Coward · · Score: 0

      don't exclude foreign businesses and governments. People are ignorant if they think they are not trying to influence the US elections too.

    5. Re:Easy fix by Mongoose+Disciple · · Score: 1

      What part of "Contributions may only come from registered voters", did you not understand?

      I understood all of it; what you didn't understand (even though I spelled it out) is that contributions are not the sole problem.

    6. Re:Easy fix by SatanicPuppy · · Score: 3, Interesting

      Easier fix: all funding must come from the gov't, in equal (and relatively small) amounts for each candidate. Offer each candidate who gets the required number of signatures to be on the ballot, a set amount of TV time, a set amount of ad money, and tell everyone else to butt the fuck out of the process.

      As long as you can win by drowning your opponent in money, the system is fucked.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    7. Re:Easy fix by DragonWriter · · Score: 1

      Contributions may only come from registered voters (and with the current $2000 limit)
      That would exclude money from corporations.

      That already is the rule for direct contributions.

      Citizens United is about independent expenditures.

    8. Re:Easy fix by Shakrai · · Score: 3, Insightful

      Microsoft could set up a shell group called "Concerned Citizens for Software Freedom" and funnel money into it to buy a million political ads that trashed a candidate running against a candidate they liked.

      Yeah, so? Why are you so worried about speech?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    9. Re:Easy fix by mdarksbane · · Score: 4, Insightful

      And this is incredibly more dangerous than, say, Michael Bloomberg funneling money into "Americans for Safe Streets" and running a bunch of political ads...

      http://www.opensecrets.org/527s/527cmtedetail_donors.php?ein=263516710&cycle=2008

      All those opposed to Citizens United are saying is that only the rich should be able to buy free speech.

    10. Re:Easy fix by Mongoose+Disciple · · Score: 1

      Yeah, so? Why are you so worried about speech?

      Because in this case, it equals power and has a tremendous impact on elections.

      Let me loop this back around to nerd territory:

      In Asian-style MMOs, it's standard and accepted that whoever has the most people to gank everyone with will (and should!) always win. You've just started the game for the first time two minutes ago? Too bad, a gang of 40 teenagers playing in the same cybercafe together with max-level characters saw you and decided to make a grease spot of you, and can keep doing it as long as they want, until an even bigger gang of teenagers happens along and does the same thing to them. Culturally, this works for that market.

      Not coincidentally, those games do terribly in the American market, and MMOs built here aren't on that same model -- because we, as a people, believe in the individual and (even though in some ways, yes, our system does piss on this) have the ideal that you shouldn't need a thousand of your best friends to make a difference.

      An individual's right to political free speech, in practical terms, is marginalized and ultimately ceases to exist if giant groups of people (corporations/unions/etc.) can wield that same power on a much, much larger/louder scale without the corresponding limits and drawbacks of individuality.

    11. Re:Easy fix by Schadrach · · Score: 1

      Citizens for Responsible Energy Policy (I think that's the right name, if not it's something really similar) exists solely so that Massey can spend huge amounts on politics in certain areas without the locals realizing it comes from them, because *shock* the coal company wants to do things that favor the coal industry but known that people would see it in exactly that light if they didn't hide behind a name!

      Personally, we'd be better off if the expenses behind running 3rd party political ads counted as "contributions."

    12. Re:Easy fix by Shakrai · · Score: 2, Insightful

      An individual's right to political free speech, in practical terms, is marginalized and ultimately ceases to exist if giant groups of people (corporations/unions/etc.) can wield that same power on a much, much larger/louder scale without the corresponding limits and drawbacks of individuality.

      I wasn't aware that the 1st amendment had a fairness doctrine attached to it.

      Maybe your hypothetical individual should group with like minded people to convey his message more effectively?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    13. Re:Easy fix by Anonymous Coward · · Score: 0

      The solution to that is just as simple. Corporations do not have a right of free speech. The right of free speech applies to individuals.

    14. Re:Easy fix by pixelpusher220 · · Score: 1

      As long as the CCSF is required to disclose it's donors, I have no problem with it. Transparency is the problem.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    15. Re:Easy fix by Mongoose+Disciple · · Score: 2, Insightful

      I wasn't aware that the 1st amendment had a fairness doctrine attached to it.

      It doesn't, but it wasn't written with monolithic corporations as people, unions, or mass media in mind, either.

      Note, I'm not arguing what the law actually is, only what it should be if you don't want to be living in a cyberpunk novel minus the cool technology in twenty years.

      Maybe your hypothetical individual should group with like minded people to convey his message more effectively?

      So you'd like America to be run as an Asian MMO. If you don't have more people and more money, who cares what you think?

      To me, that's not only a terrible idea, it's actually unAmerican.

    16. Re:Easy fix by commodore64_love · · Score: 1

      >>>Microsoft could set up a shell group called "Concerned Citizens for Software Freedom" and funnel money into it to buy a million political ads that trashed a candidate running against a candidate they liked.

      So?

      MS runs ads all the time. I don't find their running of ads to be something to fear, especially since I ignore them (press fast-forward on tape). You argument that MS should no longer be able to advertise seems specious at best, and fear-mongering at worst.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    17. Re:Easy fix by Shakrai · · Score: 1

      It doesn't, but it wasn't written with monolithic corporations as people, unions, or mass media in mind, either.

      Well, if you really believe that it seems that there is one way you could solve the problem. Personally I don't find your argument very compelling. Speech is speech. The source or medium of that speech does not matter.

      If you don't have more people and more money, who cares what you think?

      I reject your conclusion that the United States will turn into an "Asian MMO" without limitations on free speech.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    18. Re:Easy fix by commodore64_love · · Score: 1

      >>>[MS ads] have a tremendous impact on elections.

      Claim without proof has no value.
      I consider your statement "null" and meaningless. Like if I said, "The grass is pink."
      Your statement is equally lacking in value.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    19. Re:Easy fix by smellsofbikes · · Score: 2, Insightful

      Easier fix: all funding must come from the gov't, in equal (and relatively small) amounts for each candidate. Offer each candidate who gets the required number of signatures to be on the ballot, a set amount of TV time, a set amount of ad money, and tell everyone else to butt the fuck out of the process.

      I *like* this plan, and have always liked it, but it seems to run afoul of the first amendment. You can't prevent people (or, apparently, corporations) from endorsing candidates, and getting together in groups to form support coalitions for candidates, without stepping on their freedom of speech. Likewise, you can't stop them spending their money advertising in favor of a candidate, without stepping on the freedom of the press to print whatever they want (or are paid to print.) So how do we implement something that does restrict one or both of those, for the greater good of the democratic process, without hacking the first amendment into tiny bloody pieces?

      --
      Nostalgia's not what it used to be.
    20. Re:Easy fix by commodore64_love · · Score: 0, Troll

      >>>all funding must come from the gov't,

      And of course third parties like the Libertarians or Reformers or Communists would get no funds. Or else only ~1% what the Democrats/Republicans get. Your idea would merely solidify the Duopoly of the present parties, and lock-out any challengers. Brilliant (for them, not us).

      And of course religious parties (constitutionalists) would not be allowed to get any money.
      Just as religious schools can't get any government money.
      So that's another form of suppression of voter speech.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    21. Re:Easy fix by Mongoose+Disciple · · Score: 1

      Claim without proof has no value.
      I consider your statement "null" and meaningless. Like if I said, "The grass is pink."

      3 billion dollars will be spent on election ads this year.

      When people spend 3 billion dollars in a year on products to bring out the pinkness of their lawns, you'll have a point.

    22. Re:Easy fix by Anonymous Coward · · Score: 0

      He's not talking about a contribution, but that aside, what's to prevent Global Megacorp setting up a slush fund for voters of party X to pay their $2000 for them. Forcing the company to funnel the money through legitimate voters is a minor hassle, not a bar.

    23. Re:Easy fix by PitaBred · · Score: 1

      I'm worried that the hypothetical Microsoft is using that "fake" shell group to shield the connection of their funding and name to the content of the ad.

      There's no problem with people having speech. But you should not be able to use sock-puppets to make that speech to protect yourself from association with the speech. This is completely different from the ability to have anonymous speech as a protection against retribution.

      You either fund political ads as yourself, or you don't do political ads. Political speech is significantly different than normal speech because it can affect the very laws that allow free speech by getting the right people into the right political positions. There need to be many more limits and accountability on political speech.

    24. Re:Easy fix by khallow · · Score: 1

      It doesn't, but it wasn't written with monolithic corporations as people, unions, or mass media in mind, either.

      Nor was it written with monolithic corporations out of mind either. Recall that political parties were already expected, mass media already existed in primordial form, and true monolithic corporations already existed in the form of the unpopular and extraordinarily powerful East India Tea Company.

    25. Re:Easy fix by Mongoose+Disciple · · Score: 1

      It's a random "corporation that stands for one thing coming up with a shell group that sounds like it stands for something completely different" fictional example.

    26. Re:Easy fix by DavidTC · · Score: 1

      You're assuming the limits would be set too high, which is an implementation issue. In fact, it's already an issue with ballot access.

      Those laws need to change, period. The bar should be much much lower to getting on the ballot, and the same bar should get you X minutes advertising on TV and a seat at the debate.

      You're also assuming it would be proportional how much money people get, which doesn't make a lot of sense. We've never implemented a system like that, although our current system is sorta like that by accident. (If you can only get X money from each supporter, obviously people with more supporters will get more money.)

      And why would 'religious parties' not get any money? What the hell are you talking about? Are you asserting there are political parties that are churches? I'm having a hard time imaging what you're talking about.

      More to the point, I fail to see how third parties could possibly be worse off under this system. Third parties already can't afford political ads.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    27. Re:Easy fix by DavidTC · · Score: 1

      Firstly, corporations endorsing candidates isn't really the issue, and they could already do that. No one has a problem with a corporation saying 'We endorse this guy', and newspapers and unions have done it forever.

      The problem is corporate money creating shell companies that then run ads on behalf of the candidate, utterly outside campaign finance laws and totally undisclosed.

      See, the thing is, we're attacking this from the wrong angle. Everyone has the right to say whatever they want, but, and this is important, not everyone has the right to run for office in the first place to start with.

      There is no 'the government can pass no law abridging the freedom to get elected' right.

      So forget regulating any speech at all. Instead, put the requirement on the person running for office. If you get outside help, not via the election law, to get elected, you have to pay a fine.

      And then if someone runs ads, they entered a conspiracy to get other people to violate the law.

      Yes, that seems crazy, but it is, indeed, entirely constitutional. People just need to realize we're not trying to regulate speech, which can't be done, we're trying to regulate an election, which is entirely within constitutional purview. Part of this regulation of the election is how and when people can help you get elected.

      Stop punishing 'speech', punish the people who benefit from the speech, which is entirely constitutional.

      Or, as a more serious solution, start actually enforcing libel and slander laws, and stop letting corporations spread lies in ads. Get rid of the lying, and you've solved 90% of the problem.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    28. Re:Easy fix by Anonymous Coward · · Score: 0

      As long as you can win by drowning your opponent in money,

      That's working very well for Meg Whitman, I'm hearing.

    29. Re:Easy fix by Anonymous Coward · · Score: 0

      Don't worry, over time, the market will decide which candidate should win.

    30. Re:Easy fix by Anonymous Coward · · Score: 0

      Extremely slanted speech? Yeah, why should anyone care about that? It does no harm. So one side is doing 10 billion dollars worth of slander campaign against the other side, who has say... 1/1000th the total spending money (pulling numbers out of my ass, but illustrating the point).

      SURELY the millions of proles will notice it and correct their line of thinking in response.

      Oh, no, wait... shit... the exact opposite will happen. The vast majority of idiots will believe the slant, and vote exactly how the corporations want.

    31. Re:Easy fix by Shakrai · · Score: 1

      3 billion dollars will be spent on election ads this year.

      So what? That's not really all that much money. I'll let George Will put it into perspective for you:

      Total spending by parties, campaigns and issue-advocacy groups concerning every office from county clerks to U.S. senators may reach a record $4.2 billion in this two-year cycle. That is about what Americans spend in one year on yogurt, but less than they spend on candy in two Halloween seasons. Proctor & Gamble spent $8.6 billion on advertising in its last fiscal year.

      Those who are determined to reduce the quantity of political speech to what they consider the proper amount are the sort of people who know exactly how much water should come through our shower heads — no more than 2.5 gallons per minute, as stipulated by a 1992 law. Is it, however, worrisome that Americans spend on political advocacy — determining who should make and administer the laws — much less than they spend on potato chips, $7.1 billion a year?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    32. Re:Easy fix by SatanicPuppy · · Score: 1

      It'd at least be a good start to restrict the candidate's spending of their own money. But yea, it's a thorny problem.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    33. Re:Easy fix by smellsofbikes · · Score: 1
      I see what you're trying to do. I propose the following experiment: Dan Maes is running for governor of Colorado. I think he's kind of a jerk because he doesn't like bicycles. So because the person who benefits from the speech gets punished, I dump a couple thousand dollars into a pro-Dan-Maes advertisement... And you may scoff, but that's already happening: people set up vile-sounding, vile-named associations to campaign for the opposing candidate: "Dan Maes is endorsed by NAMBLA!" for a made-up example. People have even paid individuals to run disgraceful campaigns to affect voter turnout: from the Wikipedia page on Alvin Greene, "Clyburn said he "just felt this was 1990 all over again", referring to the events in the 1990 primary in South Carolina when political consultant Rod Shealy recruited an unemployed black fisherman to run in a Republican congressional primary in order to boost white turnout for a different election on the same ballot."

      People are tricky and nasty and there are scads of unintended consequences to changing the law structure we currently have.

      Note that I *like* what you're trying to do: I just don't think it's going to work as well as it seems.

      --
      Nostalgia's not what it used to be.
    34. Re:Easy fix by steelfood · · Score: 1

      Your system fails in the same way the current system fails. What you don't realize is that the candidates and their campaign funds have nothing to do with this issue.

      Corporations, wealthy groups, and to a lesser extent wealthy individuals buy TV time, radio time, or print ads endorsing their candidate of choice or trashing the opponent of their candidate of choice.

      Now, here's the kicker: a corporation, group, or individual can hide behind a dummy entity when purchasing the advertisements. And, because the entity is designed to shield the individual from liability, even if the opposing candidate sues the dummy entity, it would just fold and the financial backer would create a second dummy entity.

      The limited-liability concept is at fault here. People should be held accountable for the deeds of their companies. If capital punishment or life imprisonment of the key decision makers were to be the punishment for the destructive actions of a corporation, most of the problems plaguing our society would be solved.

      Unfortunately, we can only punish the acts of an individual rather than the acts of the corporation.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    35. Re:Easy fix by DavidTC · · Score: 1

      Yeah, it's not as simple as it seems. I was really half joking...not only could people run fake things to get people punished, but any law would require 'knowingly' in it, so all anyone would have to do is not inform the candidate they were doing anything, and just do it, and the candidate can't get punished.

      Incidentally, we already do this in theory. Candidates cannot 'coordinate' with people running ads on their behalf, or they will be in violation of election laws.

      It's just no one seems to care about this law at all.

      Like I said, I think it would be better if we'd stop pretending that libel and slander don't exist, and politicians actually sue some of the people with lying ads.

      In fact, strengthen the law, removing the corporate veil these assholes hide behind and sue them personally.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    36. Re:Easy fix by smellsofbikes · · Score: 1
      On the one hand, I'd *love* to see more responsibility for corporate behavior laid on the individuals who directed that behavior.

      On the OTHER hand, I'm in the process of starting up a company that will be offering electronics kits to do interesting and somewhat exciting things, and if we didn't have the option of a limited liability company, and there was a high likelihood that we, personally, could be held responsible for how people misuse the products, we wouldn't even be talking about trying this startup, much less pursuing it. With the sue-crazy state of the USA, *some* insulation between companies and their employees is necessary if we wish to continue having companies that make anything other than, I dunno, spherical pillows.

      There's a continuum here, and I think we're way on the corporations-can-do-anything side of the continuum, and I'd like to see that changed... but not too far to the *other* side.

      Complicated, man, complicated.

      --
      Nostalgia's not what it used to be.
    37. Re:Easy fix by DavidTC · · Score: 1

      Oh, I don't want to remove all liability protection.

      I just want to make a specific exception that company owners are personally liable for lies about specific people that they've paid other people to air.

      Companies really don't have any business justification to run ads about individuals anyway.

      In fact, I'd love to see the IRS and/or stockholders step in with lawsuits, because spending corporate money on candidates is a clear violation of laws, but we've gotten well past that happening thanks to corporate control of the government.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    38. Re:Easy fix by Anonymous Coward · · Score: 0
    39. Re:Easy fix by MimeticLie · · Score: 1

      All those opposed to Citizens United are saying is that only the rich should be able to buy free speech.

      Nice strawman. And you got modded +5 for it. Well done.

      Being opposed to one egregious abuse of the political system doesn't imply that one accepts all the others. If someone thinks that the massive increase in corporate political spending brought on by Citizens United is a bad thing, that doesn't mean that they think massive private political spending is a good thing either.

  15. We accept refugees (if not Randy Quaid) by rbrander · · Score: 2, Insightful

    Every US election cycle, I get more proud of Canada. My latest warm fuzzy? There was a nice article in Maclean's (our Newsweek) a few months ago about Beverly Mclachlin, our Chief Justice for the last 10 years, and the various notable decisions of the Mclachlin court. It's only because of that article I know her name, and I can't name any of the other eight.

    Whereas, just from news spillover, I can probably name most of the SCOTUS, because every confirmation and a dozen decisions every year are so politically charged. Polarized pitched battles seem to infuse every branch of the US governments, at every level. Quite frankly, it sounds exhausting.

    1. Re:We accept refugees (if not Randy Quaid) by Anonymous Coward · · Score: 0

      It is.

    2. Re:We accept refugees (if not Randy Quaid) by gstoddart · · Score: 1

      Every US election cycle, I get more proud of Canada.

      Funny, with each of our election cycles I get more embarrassed by Canadian politics.

      Polarized pitched battles seem to infuse every branch of the US governments, at every level. Quite frankly, it sounds exhausting.

      Increasingly, that seems to be the hallmark of Canadian politics. Ideology trumping facts, discrediting people who say things that oppose the beliefs of those in power. What essentially amounts to lying to present your ideas and slandering others.

      I fear it's a race to the bottom all around. I don't think we have as much room to stand around smugly and act like our own politics isn't moving in this direction as we like to think.

      --
      Lost at C:>. Found at C.
    3. Re:We accept refugees (if not Randy Quaid) by Arthur+Grumbine · · Score: 1

      Quite frankly, it sounds exhausting.

      I know, right?! How much easier would life be if we could just placidly accept our politicians' decisions? Trying to keep tabs on all the potential and actual corruption and abuses of power is just too much work!

      --
      Now that I think about it, I'm pretty sure everything I just said is completely wrong.
    4. Re:We accept refugees (if not Randy Quaid) by Byzantine · · Score: 1

      Your point is well-taken, and I agree. Nonetheless, wouldn't it be nice to have intelligent, humble, uncorruptible, passionate people in office, who have the citizens' best interest in mind?

      I'd also like a unicorn.

    5. Re:We accept refugees (if not Randy Quaid) by DarthVain · · Score: 1

      I wish we had politically charged polarized pitched battles in Canadian Politics.

      Seemingly everyone is a professional politician, with a whole team behind them. On any important issue, everyone will seem to agree, as no one wants to loose a demographic or a geographic. Then once elected, simply do whatever they like.

      The only thing that seems to get any air time is meaningless trivial stuff of "high emotion" but will have very little direct impact on anyone in Canada. For example the current fun topic is the "Gun Registry". It is purely a political pawn. It costs the government only about 3 million to maintain the thing. They probably spend more on paperclips. Yet somehow it is a huge deal. I mean it might be annoying for some rural folks, but is it really the focal point of our political spectrum? I hope not.

  16. You know what they say.. by TommyTumult · · Score: 1

    You and I both know what happens when you assume...

    1. Re:You know what they say.. by Anonymous Coward · · Score: 0

      A good time is had by all?

      there you go making assumptions again...

  17. That's not what the Court said. by Anonymous Coward · · Score: 0

    The court upheld mandatory disclosure laws, 8-1. The Court was telling Congress that Congress can't restrict the donating, as there was a constitutional right to speech, but that Congress could require immediate disclosure of the source of every donated penny when it is received. The Court was not saying that it believed that current laws required that disclosure of the type that would be desirable.

    Congress' failure to enact a law requiring that disclosure is the problem... and not that no senator or representative, in either party, authored such a bill to do so. They are all equally guilty.

    1. Re:That's not what the Court said. by Millennium · · Score: 1

      This. There are ways to achieve the desired result while still respecting free speech. They should be used.

  18. republicans and democrats should both worry by circletimessquare · · Score: 1

    if you can simply buy candidates directly, you don't need to work through a brand or party powerbrokering. and so the republican and democrat hierarchies and names become redundant and unnecessary

    as much as you hate the two big parties, you have to agree that no political party structure, just whoring mouthpieces for shadowy corporate interests, is far worse

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  19. Not buying it... by Anonymous Coward · · Score: 0

    SCOTUS deals with the law. That's it. They are the final word for the Judiciary. Did they forget what the hell it is they exactly do? How can it be assumed that the moral and right action would be taken, by the parties the ruling favored, when it was explicitly not legislated that it must be taken?

    I'm not buying this. What was it? They went against a 100 years of case law to favor w/ Corporate donations, yet they fell asleep on pretty much the last check and balance in the system: tracking the money? The whole lot of them are past their due at this point. However, I still have no faith in whoever replaces any sitting member. The next lot will stink the same if not more than the present.

    This Republic is bunk. From shell to core. Bunk.

  20. Undemocratic by Teun · · Score: 2, Insightful
    It is highly undemocratic that entities without votes can legally spend so much on influencing the democratic process.

    Democracy can only function properly when it's a one man-one vote system where every man and vote has the same bearing on the outcome.

    This level playing field is seriously out of balance because of the present donations by companies, organisations and rich individuals.

    --
    "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    1. Re:Undemocratic by Anonymous Coward · · Score: 0

      It is highly undemocratic that entities without votes can legally spend so much on influencing the democratic process.

      I wouldn't have a problem with it if the voters wouldn't be so... stupid? lazy? ignorant? apathetic?

    2. Re:Undemocratic by Warhawke · · Score: 1

      Except we are not a democracy -- we are a democratic republic. As the saying goes, democracy is two wolves and a sheep deciding what to have for dinner. It empowers the majority to destroy the rights of the minority, which is exactly the fear that this ruling has created. A republic recognizes inaliable rights of the individual that prevents a majority from being able to strip away said rights by specific enumeration of a codified set of rights like a constitution. The problem has nothing to do with granting corporations the right to lobby -- any insistance otherwise is to strip away the rights of a body of individuals for your own agenda (and corporations ARE a body of individuals regardless of whether or not those individuals have influence). So yes, a democratic playing field IS out of balance because of present donations by companies, organizations, and rich individuals. However, this is not necessarily a bad thing. Wealth is power, and size is power, and both of these carry with them privileges that are recognized in a democratic republic. SO LONG as the rights of the individual are not stripped by those with size and power, there is no inequity. SCOTUS' ruling simply allows for more freedom of speech for tax-paying organizations. The problem is not with the granting of more freedoms, the problem is that the loopholes allow for some clever opacity for people to push an agenda in secret. Of course, the only two counters to this are to either strip away anonymity, and therefore privacy, or to remove power and wealth from corporations and individuals for "the greater good," which is socialism in a nutshell.

  21. How much were they spending before? by Anonymous Coward · · Score: 0

    "...In the meantime, campaign spending for House candidates alone is expected to reach $1.5 billion."

    So what was the spending for the House candidates in the previous election cycles?

  22. First of all, buying an election is expensive by gurps_npc · · Score: 1
    Studies have pretty well shown that to gain 1% of the voting population, you need to double the amount of money you spend. Most of the time the reason why the man that spent more money won is not because he bought the election but because far more people liked him and therefore far more people gave him far more money. That is, money goes to the popular candidate far easier than the rich candidate can buy popularity.

    That said, in close elections, money could buy it. There are 4 tossup elections (as per the New York Times data) that are close neough for a reasonable amount of cash to buy the election.

    Colorado: Buck (r) ahead of Bennet (d) by .3%. Here money could buy the election with less than double

    Illionis: (r) ahead of Giannoulias (d) by 1.3%. Could buy the election for 2 times the money

    West Virgina: (Manchin (d) ahead of Raese (r) by 1.9%, for a bit less than 4 times the money

    All other elections are more than 2.5% difference in voting, which would require about a at least a sixfold increase in cash - and that assumes your opponent can not keep up with your spending. It is simply too expensive to buy any other election.

    --
    excitingthingstodo.blogspot.com
    1. Re:First of all, buying an election is expensive by savanik · · Score: 1

      I am intrigued by your statistics and wish to know of their sources.

    2. Re:First of all, buying an election is expensive by Doc+Ruby · · Score: 1

      Where's the citations that back up any of your assertions?

      --

      --
      make install -not war

    3. Re:First of all, buying an election is expensive by Schadrach · · Score: 1

      What gets me is the Manchin/Raese campaigns -- seriously, all it seems like Raese says is "Manchin is just a rubber stamp for Obama" and nothing about himself, and Manchin mostly harps on Raese's attack ads. Neither says very much about themselves or their own positions, barring saying "What the other guy just said about me was wrong!"

      Raese just goes to show how many votes you can get from general Obama hate and very little else. At least people have some record of what Manchin's been up to to gather expectations from (for good or ill). It's not like their campaigns tell you anything about them.

    4. Re:First of all, buying an election is expensive by GodfatherofSoul · · Score: 1

      Buying elections, I don't know about. But, buying votes looks to be pretty damned cheap. There was a story from about 5 years ago where a Representative flat out reversed his stance on an issue after a ~$20K campaign contribution from the affected company. Microsoft turned a monopoly conviction into a handslap with about $6 millino in contributions as I recall. That tells me that the elections aren't really the issue.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    5. Re:First of all, buying an election is expensive by mcgrew · · Score: 1

      Illionis: (r) ahead of Giannoulias (d) by 1.3%

      The Republkican is Mark Kirk, and 1.3% is statistically insignifigant in a telephone poll.

      BTW, there are two other candidates -- Green Party LeAlan Jones and Libertarian Michael Labno.

      I'm voting for Jones. And I'm voting for Whitney for Governor (a whole lot more important a race for someone living in Illinois than who gets picked for Senate, especially since we already have Durbin).

      I like to smoke pot, so I'd be a fool to vote for Kirk, Giannoulias, Quinn, or Brady. Only a fool would vote for a candidate who wants him in prison.

      Oops, I just looked Jones up... I'm going to have to vote for labno for Senate, despite my objections to many of the Libertarian philosophies.

  23. Only problem with the ruling by Shivetya · · Score: 1

    was that is was not 9 to 0.

    Any restriction on political speech should not exist. It would have only been a matter of time before the only groups allowed to make political speech are approved wholly by the people they are electing. People form groups, corporations, unions, non-profits, and the like, to give more weight to their voice. The individual long lost their ability to sway the politicians, but a group of them, regardless of how they are formed, still holds that power.

    What CU did was strike down the ability of government to define acceptable groups. As in, the politicians saw the power that these groups had over them and reacted to prevent anyone not in their pocket from exercising influence over them. As in, they wished to not be held accountable to the people regardless how the people formed.

    There will always be a special interest group with more money and influence than we like, that is part of the process. Some are better setup than others, it doesn't mean they have to win.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
    1. Re:Only problem with the ruling by Anonymous Coward · · Score: 0

      I don't agree with you, but that is the first good counterpoint I've seen.

    2. Re:Only problem with the ruling by jeff4747 · · Score: 2, Interesting

      Any restriction on political speech should not exist

      Political speech by people.

      A corporation is not a person. In fact, a corporation is a government-created entity, which was created to explicitly avoid having responsibility. In the wake of CU, they've extended this shirking of responsibility to include secret funding of political campaigns.

    3. Re:Only problem with the ruling by Sprouticus · · Score: 2, Insightful

      Two things which make your assessment invalid:

      There is nothing in the constitution which defines corporations as citizens with 1st amendment rights. That is an artifact of judicial decisions and law on the books. Get rid of corporations (which reducing liability for shareholders), or make the shareholders criminally liable for actions of the company and we can talk about giving corporations more rights. If you were to strictly interpret the constitiution, any group that took money from non-citizens should be exluded from the political process. If a company feels its shareholders are best represented by a certain political movement, then it should hand out a special divadend and send a note to the shareholders suggesting they give the money to a specific cause. And if that shareholder is a mutual fund, then the fund should do the same. At the end of the day, the decision to give money to a political campaign or cause should be done by the individual.

      "People form groups, corporations, unions, non-profits, and the like, to give more weight to their voice"

      People do not form corporations to give more weight to their voice. They form corporations to make money.

      While you may not like it because it does not fit in a shoe box, some groups ARE different than others. The charter of a union for instance makes it clear that their role is to represent the needs/welfare of their members. Same with an advocacy group such as NOW, various pro life groups, environmental groups, etc. A corporation has no such requirement. They exist ONLY to make money for their shareholders. They are duty bound to try to make money without regard to morality, but only by ethics and, in theory, within the laws of the land. That is it. Non monetary considerations cannot be taken into account BY LAW. A union also wants its members to get more money, but they also have the flexibility to look at other issues which may influence their decision. Advocacy groups are more flexible as well.

      citizens United was a bad decision on its face. By giv

    4. Re:Only problem with the ruling by DavidTC · · Score: 1

      I agree. The government should not have the right to regulate any group that has the right of speech.

      Sadly, as corporations are a government creation to start with, and the government regulates how they operate and who's in charge and whatnot, we're going to have to totally disband them.

      People have the right to peaceably assemble and that group to say or print whatever they want.

      They don't have a right to joint property ownership or limited liability or any of the other 'incorporation' stuff that government regulation has created, because, obviously, that would interfere in 'free speech'.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    5. Re:Only problem with the ruling by JackieBrown · · Score: 1

      Would you apply that to all originations or just cooperations?

      Should unions be able to donate money or have protected speech? Should the Tea Party groups be able to do this? Should the huffington post be allowed to donate and bus people to rallies?

      Where do you draw the line?

    6. Re:Only problem with the ruling by gangien · · Score: 1

      There is nothing in the constitution which defines corporations as citizens
      true

      with 1st amendment rights.
      false, 1st amendment is 'no law', not 'thing x has the right..'

    7. Re:Only problem with the ruling by jeff4747 · · Score: 1

      Should unions be able to donate money or have protected speech?

      If I was benevolent dictator, no. But after the Citizens United decision, they do.

      Should the Tea Party groups be able to do this?

      Depends how they're organized. If they're a partnership, or other non-limited liability entity, you could make a case that they're just a pass-through from the individuals.

      Should the huffington post be allowed to donate and bus people to rallies?

      You've got two separate issues there. The political donations would be a no, assuming HuffPo is incorporated. However, they should be free to organize rallies, in that there's no legal way to differentiate a rally from any other get-together. As a practical matter, rallies have less effect than advertising so they're less of a concern.

      Where do you draw the line?

      It's really not as complicated as you are making it out to be. If you do not possess a pulse, you can not donate to a political campaign, nor can you advertise for/against a specific candidate or ballot issue.

  24. Completely missing the problem by chemicaldave · · Score: 1

    The fundamental problem is people actually paying attention to TV political ads. What we need is voting reform in the form of massive civics and logic education. Teach people to cast a vote based on their own research & conclusions and not an error laden, buzzword filled TV ad that plays on people's emotions.

    1. Re:Completely missing the problem by Venzor · · Score: 1

      The fundamental problem is people actually paying attention to TV political ads. What we need is voting reform in the form of massive civics and logic education. Teach people to cast a vote based on their own research & conclusions and not an error laden, buzzword filled TV ad that plays on people's emotions.

      Well, that requires effort. And humanity as a whole seems to prefer decisions being made for them as long as they have the illusion of choice.

      --
      If someone is wrong, don't insult; Educate.
    2. Re:Completely missing the problem by Entropius · · Score: 1

      This, exactly.

      The trouble is that neither political party is serious about improving American education, although one of them is a little more active in its attempts to destroy it. When voters aren't idiots they'll be less swayed by those things that money buys (flashy TV ads).

      I think the /Citizens United/ decision was the correct one if you assume an educated society. If you assume that the American voter is an idiot, however, it makes things worse.

      The problem is that the American voter is an idiot, and nobody wants to fix *that*.

      I think literacy tests would be a good idea to vote, but sadly the South ruined that for us a hundred years ago because they used it as an excuse for racism.

    3. Re:Completely missing the problem by demonbug · · Score: 2, Insightful

      The fundamental problem is people actually paying attention to TV political ads. What we need is voting reform in the form of massive civics and logic education. Teach people to cast a vote based on their own research & conclusions and not an error laden, buzzword filled TV ad that plays on people's emotions.

      I like this idea; unfortunately, logic and civics are widely known to have a liberal bias, so it would be very difficult to bring either of these into our public education system.

    4. Re:Completely missing the problem by mounthood · · Score: 1

      People listen to too few voices. The internet is changing this, but most people hear the same AP news, see the same local crime "news", and get the same shallow political information. Rather then trying to restrict who can speak, about what, when, with how much money, etc... we need people to listen to a variety of sources and make up their own minds. In short, the peoples consent is being manufactured.

      --
      tomorrow who's gonna fuss
  25. Easy fix? Are you sure? by medv4380 · · Score: 1

    That was basically the law before it was struck down. Free speech doesn't apply to only Citizens or Registered voters, and there is no current limit on donating since it was struck down as well as they saw it limited free speach. If you had 1 million to give to a candidate you could since there is no limit at this time. You're probably thinking of the old limit that was 2500. A real solution and probably the only one that would work is to go the route Japan did and ban ALL political ads during the election season. Force them to get votes by rally and in person hand shakes alone. It would require an amendment though and who in congress today would go for it.

  26. Time for a Constitutional Amendment by gavving · · Score: 1

    It's time to seriously get behind passing a constitutional amendment requiring all political races be funded by public money, and restrict the ability of outside sources to campaign for officials or for parties.

    It's a race to see if we can fix the flaw in the Constitution before the government is completely corrupted by corporate interests. The only way it'll stand in the courts it to change the rules that Supreme Court has to play by. I.e. Change the Constitution of the United States with an Amendment passed by the state legislatures.

    1. Re:Time for a Constitutional Amendment by Doc+Ruby · · Score: 1

      No, it's a serious interest conflict for the government to control funding of candidates who are supposed to be independent and change governement, perhaps totally, if they win. Public funding removes the separation and independence, and gives the government too much power to control who can run to change it.

      The fairest and simplest system is to simply allow any US citizen (human, not corporation) to donate as much as they want, but never to an individual candidate. Instead, anyone donates not to the candidate, but to a fund shared by everyone in the same race for the office. Everyone registered can withdraw their equal share. There should be no advantage in winning an election because the people who prefer you have more money, even if more people would have preferred you at the ballot box without that money advantage. The system would be simple, completely easy to understand, and transparent. And by removing the money advantage, it would crank way down the amount of money spent on elections. Which would set the campaigning closer to the issues, rather than a PR campaign of special effects and "swamping out" the competition so voters can't hear them.

      The government should offer equal access to TV, radio, websites and leaflets to all candidates at public expense. But the actual financing of campaigns, which do cost money to run to get out the message and respond to constituents and the media, should be left to American citizens.

      --

      --
      make install -not war

    2. Re:Time for a Constitutional Amendment by Lehk228 · · Score: 1

      reform corporate law instead, rather than restrict speech, restrict a corporation's ability to hand out money for political ads, require 100% shareholder approval to spend money on politics or lobbying and require a separate vote for each expenditure.

      --
      Snowden and Manning are heroes.
    3. Re:Time for a Constitutional Amendment by Doc+Ruby · · Score: 1

      Yes we should reform corporate law. We should have a Supreme Court ruling on a law that explicitly states that corporations are not "persons". Your other points are good, too.

      But donating money to someone else is not speech. And corporations do not have rights, like free speech.

      --

      --
      make install -not war

    4. Re:Time for a Constitutional Amendment by jeff4747 · · Score: 1

      No, it's a serious interest conflict for the government to control funding of candidates who are supposed to be independent and change governement, perhaps totally, if they win. Public funding removes the separation and independence, and gives the government too much power to control who can run to change it.

      Depends on the exact rules. There's no particular reason the amendment couldn't say "Each candidate has to turn in petition signatures that represent at least [x] percent of registered voters. Then they will get [$]". You still have independence, in that there is no place for someone in government to change the payout to favor one candidate over another.

      There's still plenty of other problems in such a system. But coming up with these solutions is pretty much a waste of time, since the current power structure is not going to legislate itself out of existence.

    5. Re:Time for a Constitutional Amendment by Doc+Ruby · · Score: 1

      Except those rules are enforced by the government. Selective enforcement by biased officials is a real danger. Especially since election campaigns are extremely time sensitive, and the government can interfere with critical turning points that cannot be remedied after appealing elsewhere in the government. Leaving the finance system out of government hands, except in enforcing equal access to a shared fund which is simple and transparent, is the lowest risk of a government corrupting the system even further.

      --

      --
      make install -not war

    6. Re:Time for a Constitutional Amendment by Hatta · · Score: 1

      Corporate funding of candidates is an equally bad conflict of interest, especially in a limited constitutional government like the US. Corporations are so powerful, they form a de facto government on their own, with our elected government the only brakes. Letting corporations influence elections is just like letting the fox guard the henhouse.

      --
      Give me Classic Slashdot or give me death!
    7. Re:Time for a Constitutional Amendment by mcgrew · · Score: 1

      It's time to seriously get behind passing a constitutional amendment requiring all political races be funded by public money

      I'd like to seee that too, but it ain't gonna happen. Barring that, I'd like to see two laws: One that says you can't contribute to any candidate you're not eligible to vote for, and another making it a felony to contribute to more than one candidate in any given race.

      But that ain't gonna happen, either.

    8. Re:Time for a Constitutional Amendment by jeff4747 · · Score: 1

      Except those rules are enforced by the government. Selective enforcement by biased officials is a real danger

      Which is why you have the rules be dead simple, so there's no room for a biased official to maneuver. [x] signatures, you get your cash. No realistic way to fudge that to deny access to unfavorable candidates.

      except in enforcing equal access to a shared fund which is simple and transparent

      Except you have the problem of limiting access to that fund to avoid fraud. If I register as a candidate, I get money. Sure, there's some limitations on how I can spend the money, but I can easily get a whole lot of government-paid meals and travel as I ineffectively campaign. And yes, my spouse does happen to be my highly-paid campaign manager.

      In your fear over the possibility of government corruption, you've enabled a great deal of private corruption.

    9. Re:Time for a Constitutional Amendment by hr+raattgift · · Score: 1

      Yes we should reform corporate law. We should have a Supreme Court ruling on a law that explicitly states that corporations are not "persons".

      Corporate persons have their own legal personalities and can enter into contracts and appear before the courts. Those alone makes them legal persons. It is not just private companies that are corporate persons -- The People of the United States is a corporate person, with its own legal personality distinct from, for example, The People of the State of New York, or the Solicitor-General of the United States. Each of these enjoys a right to appear before a court to put its case in an action concerning it. Why not private companies?

      Private companies *do* appear in courts to deal with contract disputes, torts, and so forth. They appear as themselves rather than as a particularized collection of individual directors (who are natural persons) or shareholders (who may not be natural persons).

      Should private companies not appear before courts in this manner? What about other corporate persons?

      And corporations do not have rights, like free speech.

      Natural persons have rights that corporate persons do not. No corporate person may serve on a jury, for instance, or be elected to Congress.

      When you say "like free speech" do you mean literally that the free speech clause should be read as implicitly allowing Congress to make any law regulating any communication by any private company? Where is the limit? Can Congress forbid a private company from petitioning the courts? By the incorporation clause, can a state forbid a company from petitioning all three branches of the federal government?

      Do you mean instead that there appears to be an imbalance between the rights to free speech enjoyed by natural persons and those enjoyed by private companies that should be addressed, and that the best venue for addressing this imbalance is in the courts?

      Wouldn't Congress be a more suitable venue for proposing and debating the reasonableness and justifiability of limits on corporate communications, at least in theory? (I would hope that they would agree that the vehicle for enacting some limits on such speech would be a constitutional amendment, or at least primary legislation unencumbered with irrelevant riders, but I would not bet on it, since procedural discipline and legislative clarity do not seem to be priorities in the legislative process in either house of Congress or in the use of the Presidential veto).

  27. Transparency is not in the 1st Amendment by Kohath · · Score: 1

    Transparency may be "vital to democracy" but it's not explicitly in the First Amendment or in other parts of the Constitution. Until the Constitution is amended, transparency isn't really the Supreme Court's overriding concern.

    Allowing free speech to be abridged by Congress for "transparency" reasons is a flat violation of the Congressional and Supreme Court oath of office. Only 4 of the 9 justices chose to break that oath.

    1. Re:Transparency is not in the 1st Amendment by jeff4747 · · Score: 1

      The error in your thinking is that corporations do not have rights.

    2. Re:Transparency is not in the 1st Amendment by Kohath · · Score: 1

      People do. If people are involved at all, they have free speech rights notwithstanding their involvement in a corporation (and notwithstanding anything else either).

      If there were no people involved, you might have a point. But there are. And you don't.

    3. Re:Transparency is not in the 1st Amendment by jeff4747 · · Score: 1

      If people are involved at all, they have free speech rights

      Yes, and they are free to use those rights to support any candidate they like, as individuals.

      However, Exxon should not be able to use part of it's multi-trillion dollar profit last year for electioneering. Exxon does not have free speech rights. If Exxon decided to pay enormous bonuses to the individuals, who then used the money to support candidates they like, then free speech re-enters the picture.

      But when the donation check comes from Exxon's bank account, it is not people making the donation.

  28. Inevitable result of capitalism by unity100 · · Score: 1

    see now, we are all free to vote, free to become candidates, right ? right. but, it takes phenomenal amounts of finances to make yourself known, right ? riiiight. so, in case you dont have a big media conglomerate you own, you need to find cash somewhere. even then, even if you find the cash, big media companies, who can reach the voters you want, may not allow you to give ads in their networks or give you air time, in case your policies and ideas dont suit them. ooook, right. so, that makes it so that, you can not get elected EVEN if you have the money. you need to either own a big media conglomerate, or, get one behind your back.

    and the result is what ? in the capitalist system, your freedom goes only as far as your cash goes. can anyone define that as being 'free' ?

    for any idiot who would venture down the path that is 'you can make cash', i would like to remind the 2004 statistic of income and wealth distribution in u.s. that comes up as 7% top of society owning 72% of the pie, and bottom 80% having to do with 15%. http://sociology.ucsc.edu/whorulesamerica/power/wealth.html

    actually its much worse, top 1% has 52% or so of the pie.

    and that basically means, 1% of the american nation is ruling over the rest, despite all being 'free'. and anyone's chances of getting into that 1%, without being born into that class, is, practically nil. even our much applauded tech stars are not in that segment. serfs in middle ages had more chance to be made a baron due to bravery in the wars they were conscripted to fight in for their lord.

  29. SCOTUS = GOMER by DTC-Bob · · Score: 1

    SCOTUS = GOMER PYLE: "Suprise, Suprise, Suprise!" [sic] How naieve can a group of (theoretically) smart people be?

  30. I hate to nitpick but it's "transparency" by ehrichweiss · · Score: 1

    note the "e"

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    0x09F911029D74E35BD84156C5635688C0
  31. No Problem Here by SaroDarksbane · · Score: 1

    Corporation were already dumping money into elections. Citizens United basically told the government that they didn't get to pick and choose which groups get to speak.

    Previously, an editorial in the New York Times (a for-profit corporation) on how great Hillary Clinton is would be allowed, but a video by the Citizens United group on how much she sucks wouldn't be. How was that "good for democracy"?

  32. Why complain? This is stimulus! by Abcd1234 · · Score: 1

    Just think! That's 1.5 billion going to television networks and local cable stations that would've otherwise just sat idle! Suddenly thousands of people will have jobs as actors playing concerned parents, or concerned homosexuals, or concerned churchgoers. Not to mention the voiceover performers and special effects guys. I mean, can you imagine how many synthesized ominous thunderstorms 1.5 billion could buy? A lot! That's how many.

    Frankly, I think the US needs to move to a lobby-based economy. Have elections every single year! Get more talking heads on TV to really polarize that debate and get those funds flowing! It's the patriotic thing to do!

  33. What did you expect? by Anonymous Coward · · Score: 0

    When the ruling was made, the outcome was predictable! The only thing that was unpredictable was the extent was far more than expected.

  34. In order to believe that ... by damn_registrars · · Score: 1

    You would have to believe that the court was indeed not knowledgable on the existing legal loopholes. Which would require you to believe that none of the supreme court justices, or their clerks, knew of this problem. If that is the case, then indeed the people who sit on the highest court in the land are not the most knowledgable people in the land with regards to the laws of the same land.

    Which may well be a good argument against lifetime appointments to that bench. Of course, if you believe instead that they were aware of the problem, and ruled as they did with indifference to it, then that may be an argument in the same direction.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  35. Roberts Court did not have to take this case by haapi · · Score: 1

    This is what we get when the Court takes up a case just because Roberts wanted to. The case was not ready for the Supreme Court, and the judges rules on arguments less mature, as well as with less standing, than should have been. Activist judges!

    --
    Well, apparently, you only have to fool the majority of people for a little while.
  36. Alito: "Not True": TRUE by Doc+Ruby · · Score: 5, Insightful

    Back in January 2010, Obama gave the State of the Union right after the Court handed down the Citizens United decision. Obama told Congress, with several of the Supremes sitting in the front row, that the decision would allow foreign corporations to influence US elections, which most Americans still realize is a terrible development. Justice Alito, who had just decided in the majority to allow corporations "free speech" by spending unlimited money in US political campaigning, was mad: he angrily mouthed "not true". The corporate mass media attacked Obama for "picking on the justices" by warning Congress and "embarrassing" the court, but of course failed to examine whether it was true.

    Less than a year later, we see it was totally true. We see that foreign corporations have invested huge amounts of money campaigning in the 2010 election. Republican candidates have gotten hundreds of $millions spent to elect them, sponsored by corporations including many foreign ones. The "US" Chamber of Commerce (Inc.) collects money from lots of foreign corporations, especially Indian ones that want US jobs shipped there, foreign banks like Credit Suisse and HSBC that want financial reform repealed, and even corporations owned by foreign kings, like the Emir of Bahrain. Foreign kings are spending more in US election campaigns than US citizens.

    Whether you think that's OK or not (it is very not OK), Alito was totally wrong. And a jerk about it. Not surprising, since Alito was installed by Bush. Alito swore in his Senate confirmation hearings that he would respect established law, but his Citizens United decision overturned lots of established law, went against the basic understanding that corporations are not people, and recklessly unleashed foreign corporate power on US election campaigns.

    He should be impeached. Then he'll be free to skip the State of the Union the way he plans to from now on because he can't stand criticism of his abominable rulings.

    --

    --
    make install -not war

    1. Re:Alito: "Not True": TRUE by kbolino · · Score: 2, Interesting

      Only one Justice of the Supreme Court has ever been impeached, Samuel Chase of Maryland, and for similarly political reasons. He was acquitted, almost certainly because of the very political nature of the "charges" against him. I'm no Federalist, nor lover of Chase, but the impeachment power--for both Presidents and judges--was meant to be reserved for those instances where criminal actions were committed. There is good reason for that, or else every time a new party took power its first goal would be the impeachment of its predecessors, elected and appointed.

      Furthermore, without even addressing the veracity of your claims, which I think are overblown to say the least, you have failed to demonstrate actual harm resulting from the "unleashing [of] foreign corporate power on US election campaigns." You are thus charging Alito (et al.) not with any substantive crime, but with the nebulous crime of sedition. While accusing one's political enemies of having foreign bedfellows is hardly a new tactic in American politics, it has always been the resort of the politically desperate.

    2. Re:Alito: "Not True": TRUE by khallow · · Score: 1

      Less than a year later, we see it was totally true. We see that foreign corporations have invested huge amounts of money campaigning in the 2010 election. Republican candidates have gotten hundreds of $millions spent to elect them, sponsored by corporations [corpwatch.org] including many foreign ones. The "US" Chamber of Commerce (Inc.) collects money from lots of foreign corporations [thinkprogress.org], especially Indian ones that want US jobs shipped there, foreign banks like Credit Suisse and HSBC that want financial reform repealed, and even corporations owned by foreign kings, like the Emir of Bahrain. Foreign kings are spending more in US election campaigns than US citizens.

      Your links claim something like a million dollars in funding out of at least $1.5 billion in funding. While I'm sure there's more where that came from, it's still a paltry amount for the outrageous claims that Obama made in his State of the Union address. My take is that the US government (another entity that shouldn't be allowed to play ball) probably spent more on this election cycle alone than all the "foreign kings" did.

    3. Re:Alito: "Not True": TRUE by Anonymous Coward · · Score: 0

      Obama's actions have more so spat in the face of established law, namely the Constitution, by forcing people to buy insurance under the guise of the commerce clause.

      You're clearly a partisan hack when you cite Think Progress and use lines like "Not surprising, since Alito was installed by Bush..."

      If you agree with Obama effectively heckling the Supreme Court during the State of the Union you should equally be OK with Joe Wilson calling Obama a liar. Both break decorum and insult the offices of the respective individuals. Personally, I'm more than fine with both, considering Obama is the biggest user of double speak the US has seen. Ever.

    4. Re:Alito: "Not True": TRUE by Doc+Ruby · · Score: 2, Insightful

      No, impeachment is a political institution, which is why it originates in the House and is decided in the Senate, with the only Judicial Branch involvement being the Chief Justice presiding over the Senate "trial", but with no jurisprudential power other than what the Congress votes to give them in the specific case.

      It is reserved for "high crimes and misdemeanors". Misdemeanors are mismanagement or misleadership in the language of the day.

      The goal of Republicans is indeed to impeach Obama, as they have said throughout his term. Just like they impeached Clinton, to paralyze the elected government (a frequent Republican priority). Just because Republicans abuse impeachment to override electoral politics doesn't mean that impeachment isn't still correct when an official abuses their power. In the case of Supreme Court justices, impeachment is the only way to check their power when they abuse it. Just because we haven't impeached and removed justices before doesn't mean we shouldn't do it. Indeed, the corrupt and dysfunctional condition of our officials shows we impeach far too infrequently - the lack of precedent argues for more impeachment, not less.

      The actual harm is that foreign corporations, foreign monarchs, are exercising more influence in American elections than nearly all Americans can. Not to mention the adequately unacceptable influence in elections of American corporations. None of which is acceptable in a national democracy - corporations aren't people.

      The simple fact is that you are a Republican, so you don't want to see fellow Republicans impeached. An exclusively political reason that you are dressing up in neutralized terms, but which protects Republicans. At all costs.

      --

      --
      make install -not war

    5. Re:Alito: "Not True": TRUE by Doc+Ruby · · Score: 2, Insightful

      Obama's "outrageous claims" in his SotU are now proven exactly true. But you Republicans don't care about the truth, or America's sovereignty. You care only about getting power, and using it for your corporate sponsors.

      There is no room for even $1 spent in American elections by foreign corporations and foreign kings. Putting it in scare quotes doesn't change the unacceptable nature.

      You Republicans love to talk about protecting the US from foreign influence, until it pays for your party to win elections. After being so wrong in every way for so long, you Republicans really should take a break from pretending you're competent in governing this country. Your reliance on foreign corporate and monarchial investment to get more power shows you're not.

      --

      --
      make install -not war

    6. Re:Alito: "Not True": TRUE by Doc+Ruby · · Score: 1

      You Republicans are traitors. You voted for Bush/Cheney twice, and have no business saying anyone is "the worst ever".

      --

      --
      make install -not war

    7. Re:Alito: "Not True": TRUE by Hatta · · Score: 2, Insightful

      If you agree with Obama effectively heckling the Supreme Court during the State of the Union you should equally be OK with Joe Wilson calling Obama a liar.

      When Obama has the floor, he can criticize anyone he wants. When Joe Wilson has the floor, he can criticize anyone he wants. See how that works?

      Both break decorum and insult the offices of the respective individuals.

      Nothing breaks decorum and insults the office more than the absolutely appalling standard of work coming out of the Supreme Court. If you don't want the Supreme Court criticized during the State of the Union, then stop the Supreme Court from damaging the state of our union.

      --
      Give me Classic Slashdot or give me death!
    8. Re:Alito: "Not True": TRUE by khallow · · Score: 0, Troll

      I tell you what. When foreign contributions become a real problem, then you can tell us, "I told you so". In the meantime, I'm not going to let words from one of the most mendacious presidents ever and a small amount of foreign money (which incidentally didn't go to elections) overwhelm my reasoning facilities.

    9. Re:Alito: "Not True": TRUE by Anonymous Coward · · Score: 0

      Wow... Can you get any more "Right Wing Conspiracy"-esque? Seriously dude, put down the Obama pom-poms. It's not JUST the Republicans, it's ALL of the politicians. Look at the shpae the country as a whole has been left in since the 60's. Rediculously mounting Debt, almost constant conflict somewhere on the globe, increasing unrest of the people, a wear down of national pride, etc. FYI, look at the history books. If you do the math since counting Kennedy, there has been almost equal party representation in the white house during the beginning of the computer age and on into the information age. You really think that only one party knows what the people want? And/or will actually follow up on that? Crying foul only for one side is the most short sighted view of all. To parody Nixon, "They're ALL crooks!"

    10. Re:Alito: "Not True": TRUE by Anonymous Coward · · Score: 0

      ...you have failed to demonstrate actual harm resulting from the "unleashing [of] foreign corporate power on US election campaigns."

      LOL.

    11. Re:Alito: "Not True": TRUE by blair1q · · Score: 1

      Agreed. The demonstration of actual harm will come at the point where our ability to do anything about it will have been stripped and then outlawed.

    12. Re:Alito: "Not True": TRUE by blair1q · · Score: 1

      You're deliberately not using your reasoning facilities.

      Obama is one of the least mendacious presidents ever. Foreign money manipulating domestic democracy is always a bad idea. And anyone with reasoning facility would not wait for empirical evidence that a foreseeable disaster is occurring, because they would understand that it is much cheaper and less dangerous (i.e., less likely to require a war to repair) to actually protect the democracy before it becomes illegal to do so.

    13. Re:Alito: "Not True": TRUE by blair1q · · Score: 1

      +5 damn right

    14. Re:Alito: "Not True": TRUE by khallow · · Score: 1

      Obama is one of the least mendacious presidents ever.

      Of course, he isn't. You say so, despite not having a shred of evidence in your favor, so it must be true.

      OTOH, there's the matter of FISA (his first about face, happened after he got the Democrat Party nomination), exaggerated claims about what the ARRA (the "Stimulus Bill") would do for us (while using that bill and TARP money to reward Democrat supporters, for example, in the automotive industry), feigned concern about government spending while simultaneously contributing to one of the biggest deficit to GDP ratios in US history, and a host of lies about the effects of the health care bill that was passed this Spring (for example, claiming cheaper health care, more insurance coverage, and good for the country). He plays bizarre tricks of dubious legality (for example, his particular brand of pocket veto).

      I also find a touch of deception in this very article above. For example, the absurd claim that the Supreme Court had granted in its Citizen United ruling a new power to corporations that they hadn't had for a full century despite the fact that corporations had had this power prior to the McCain-Feingold law.

      My view was that Obama had to come up with some pretext for opposing a ruling that moderately favored Republicans (at least in today's political environment). I imagine his advisors already knew of foreign contributions to the US Chamber of Commerce and perhaps some other organizations that typically favor Republicans. I think it was just another feeble attempt to avoid the crushing blow that'll be delivered in a week rather than a serious concern about the court ruling.

    15. Re:Alito: "Not True": TRUE by ffreeloader · · Score: 1

      You're deliberately not using your reasoning facilities.

      Obama is one of the least mendacious presidents ever. Foreign money manipulating domestic democracy is always a bad idea. And anyone with reasoning facility would not wait for empirical evidence that a foreseeable disaster is occurring, because they would understand that it is much cheaper and less dangerous (i.e., less likely to require a war to repair) to actually protect the democracy before it becomes illegal to do so.

      If you really believe the words you're spouting, then you should also be after Obama and the unions to disclose all foreign money that they have access to. You know, unions in which International is a part of their name and have leadership tied so closely to Obama that it has made daily visits to the White House, and which have funneled hundreds of millions of dollars into the Democrat's, campaigns, and for which they give no accounting other than to say, here's how much we're donating, and here's how much we spent on ads.

      Also, you should be screaming about how the Democrats have taken far more money from Wall Street than the Republicans have in the last few years. Get your own house in order before complaining about others actions. It's a legal principle called "dirty hands".

      Myself, I don't like corruption or any kind of dishonesty in either party. It's terrible for our country. It is destroying our freedoms and our economy. As far as I'm concerned, any politician who lies to the public in any way ought to face significant jail time.

      --
      "while democracy seeks equality in liberty, socialism seeks equality in restraint and servitude." de Tocqueville
  37. Is the problem this complex? by Usagi_yo · · Score: 1
    I don't understand why this problem has become complex, other then planned complexity for planned loopholes

    The law should be really simple. Senate campaign contributions shall originate in the State the Senator is running in. Meaning *any* private donations must come from citizens of that state, held to the standard that they filed taxes in that state. Any corporate donations must originate from corporations incorporated within that state. Any of the so called 501's or Political action committees donations must come from political action committees registered within that state who can only accept donations from individuals who are citizens of that state, or incorporated withint that state. There can be *NO* nationalized money pool from outside the State Party. Same for Governor, same for congressmen.

    Campaign fundraisers in California should be prohibited to Candidates running in New York.

    1. Re:Is the problem this complex? by jeff4747 · · Score: 1

      Any corporate donations must originate from corporations incorporated within that state.

      K, my giant multinational corporation will create the new company "Puppies are cute, Inc." in your state. I'll fund that new company with $1 Billion, and then it donates to candidates I like. Move your requirements up the chain, and I can just apply more levels of indirection, including companies outside the US where US election law will not apply.

    2. Re:Is the problem this complex? by Anonymous Coward · · Score: 0

      Because the solution is to pass laws that everyone knows will get thrown out on a First Amendment challenge.

    3. Re:Is the problem this complex? by Usagi_yo · · Score: 1

      By all means do so. But it will be transparent beings that you're a corporation and incorporated within the state in question, and you won't be doing it in a public corp .. at least not for long.

    4. Re:Is the problem this complex? by jeff4747 · · Score: 1

      The part you missed is that there's no transparency. I sent the money from out-of-state from a company with no disclosure requirement.

    5. Re:Is the problem this complex? by Usagi_yo · · Score: 1

      No I didn't. Re-read the OP.

    6. Re:Is the problem this complex? by jeff4747 · · Score: 1

      Ok...

      But it will be transparent beings that you're a corporation and incorporated within the state in question

      False. The money is a donation from the out-of-state corp. The in-state corp is a front group. The electioneering is funded by the false in-state corp, and there is no disclosure that the money came from the out-of-state corp. Your solution does not require the in-state corp to disclose it's funding sources.

      If you meant that, well then we can fix the problem with another front corp between the multinational and the one putting ads on your TV.

      and you won't be doing it in a public corp .. at least not for long.

      Why not? Public corps do not have to report where every dollar is spent, only what they broadly spent money on. Just report it on the 10K lumped in with the advertising budget, since that's what they're buying anyway.

  38. Corporate personhood by bouldin · · Score: 3, Informative

    Agreed, the real problem here is corporate personhood (http://en.wikipedia.org/wiki/Corporate_personhood).

    Businesses have something approaching the full rights of a human being, except, as the quote goes "They (corporations) have no soul to save and they have no body to incarcerate."

    Combine this with the ideas of limited liability, proprietary knowledge, and the common practice of boards of directors being friends with the executives they appoint, and what you have is a class of corporate management run amok with little or no accountability to shareholders. Management has access to billions of dollars to spend towards their own interests, which in many cases are not the interests of the shareholders.

    That said, I believe the government does have the authority to dissolve corporations, so a repeat felon corporation could be dissolved or fined into non-existance, although I don't know of any time this has happened before. The US guidelines to sentencing organizations (http://www.ussc.gov/2009guid/CHAP8.htm) mention fining an exclusively criminal organization of all its assets, but I see no mention of dissolving repeat offenders. Maybe someone else can chime in here.

    1. Re:Corporate personhood by Anonymous Coward · · Score: 0

      IMO, corporate personhood is one aspect of one third of the total problem.

      The full problem is this: speech determines political power (you need this to have elections at all) -> political power determines money (tax cuts, anyone?) -> money equals speech (newly allowed).

      Notice anything about that? It's a closed loop. Corporate personhood makes it worse (because what the corporation "says" is determined by a very small number of people at the top), but money=speech is the part that destroys the entire system even if there was zero corporate speech allowed at all.

      Things like unions are merely convenient scapegoats in this situation, in light of the current distribution of wealth. The current ratio is that something like 80% of the wealth is owned by 20% of the population. With no restrictions on paid-for speech, that means that union influence is essentially zero; even if fully 80% of the population banded together, they could still be shouted down 4:1 by the rest. But in practice, that lower 80% is very fragmented. (IIRC, *total* unionization is only about 15% these days, and that's spread among many unions, which mostly aren't working together because they're mostly local). With enough money, you can absolutely dominate the conversation, and then it starts to not matter how smart the voters are, because they can't even really get access to truth. Not when it's buried under the paid message.

      The stat I read in the print newspaper today is that anonymous republican ad campaigns are currently spending as much as was spent by the top-spending 2008 presidential candidate. Does anyone else find that chilling? I do; a great many races are close, with 5-15% of the voters still undecided. When considered that way, elections are very much purchasable, and one side has vastly more money than the other right now. And if that swings Congress to another party, well, that determines *trillions* of dollars worth of future decisions, so they aren't even hesitating to spend a few hundred million to nudge things their way.

    2. Re:Corporate personhood by Anonymous Coward · · Score: 0

      Agreed, corporate personhood could be debated, but ultimately it don't matter as money equals speech is the real problem.

  39. so no one bother voting by Anonymous Coward · · Score: 0

    who ever votes supports that system and is the real traitors

  40. hehe by Anonymous Coward · · Score: 0

    US is such a fucked up place ^^ can't believe the population has forgotten about the bush years and leaning on GOP again because of misleading and negative ads and fails to see the attempt Obama administration to fix the problem that previous administration has left behind (2 wars, Economic depression, huge deficit and national debt) . We're seeing the fall of the American empire in front of our eyes i can see China controlling as the rising super power once again controlling most of the rare earths and rising economy.

    Welcome China Goodbye US.

  41. More Hogwash by Anonymous Coward · · Score: 0

    US Supreme Court Expected Political Ad Transparancy

    Okay, first of all, that headline is totally incorrect. Those on the Court who voted IN FAVOR of allowing this MIGHT have laughably expected "transparency" from politicians IF they were under 8 years old.

    The grownup Justices who dissented KNEW that the most cynical view is ALWAYS the correct one in U.S. politics and so voted against it. Along with the majority of citizen spectators.

    Had the adult Justices prevailed, I might not have to cart a wheelbarrow full of slick slimy bullshit from my mailbox every day.

  42. Who turned the US gov into a revenue center? by khallow · · Score: 1

    This trend has been obvious for years with increased spending on presidential level campaigns to billion dollar levels. As I see it, the real problem is simply that the federal government has transformed over the past few decades into a giant feed trough, not just for corporate interests (of the business sort), but for everyone.

    Want the 7.5% of your money that you put into Social Security over your lifetime? Better play ball with government. Want help with the massive education or health care costs? Government is there, not only to help make the problem worse, but to lend you a helping hand, assuming you knuckle under and go along.

    Somewhere on the internet is the story of some anti-tax citizen who gets up in the morning and uses a zillion government services just on his way to work. The moral of that story was that being anti-tax (or libertarian, etc) was a hypocritical stance since the guy used government services every step of the way.

    My view is that the story teller got it wrong. The pervasive power of government throughout that story was disturbing. It touched everything. Do we really need government to help lift our asses out of bed? I don't think so.

    The same government that does all these wonderful things for us, even if we don't want them or do better on our own, is the same government that is such a tempting revenue center for business, labor unions, and academia.

    The disagreement over the Citizens United court case is misdirected. As I see it, one could not be compatible with the First Amendment and rule any other way. Sure, the band aid was misapplied, but no matter how the courts ruled, it'll still have been a band aid on a deep wound.

    To be very blunt, if an off year election cycle is worth $1.5 billion just in House elections, then we're at the point where legality is a poor obstacle to corruption. That much money will find its way into the election, whether it is legal or not.

    At worst, the group in question just needs to break the contribution down into, say $50 pieces, and mail them under the regulatory radar (we might have already seen this take place with elections where small contributors are alleged to have a big impact such as Howard Dean's campaign in 2004 and Obama's in 2008). Giving $10 million to a campaign is just 200,000 pieces of mail (or worse, 200,000 visits to a website). You think a big corp or labor union (or even a foreign power like a multinational or foreign intelligence agency) can't figure out how to do that?

    Ultimately, these entities spend money on elections and politicians because they get much more out of it. Nobody spends a million dollars to get a hundred thousand in value. My view is that if you want to remove the rats from the cupboard permanently, you need to remove the food. That means a smaller, more transparent government that doles out less good things.

  43. Clinton vs Jones Redux by careysub · · Score: 1

    The Supreme Court of the United States has been singularly inept in anticipating the consequences of its decisions for quite a long time. Consider this statement by Judge Stevens in the Court opinion in Clinton v. Jones, 520 U.S. 681 (1997):

    "...it appears to us highly unlikely to occupy any substantial amount of petitioner's [Clinton's] time."

    This case of course led ultimately to Clinton being impeached in the House, only the second such event in U.S. history, and disrupting national governance for the better part of a year.

    Having some sense of how the outside world works is very important in properly deciding a case. Unlike some posters here who seem to believe that court decisions are the mechanical application of immutable principles, a major part of any court decision is balancing competing considerations against each other and unless you understand the true costs the appropriate balance cannot be achieved.

    Alternatively - we may suspect that at least some of the justices do have a good idea of how things are outside the marble walls, and approve of the mischief that results, but choose to pretend ignorance to escape responsibility.

    --
    Starships were meant to fly, Hands up and touch the sky - Nicky Minaj
  44. Why do people spend money on politics? by Anonymous Coward · · Score: 0

    The answer to why political campaigns cost so much is simple, but most voters won't ever realize or accept it. When a group "donates" $1 million to a political campaign, is it because they honestly believe in the politician's ideals? Is it because they honestly want to make their state or country a better place? Is it because they are truly interested in the workings of government and want to improve it?

    No, of course not. In the real world, when a group "donates" $1 million to a politcial campaign, it is precisely because they are expecting a return on that investment of more than $1 million. Probably much more (as in multiples). This is carefully calculated and ultimately measured in cold, raw dollars. The "donation" is not a gift; it is the principal on investment. The "kickback" is not a gift either; it is the return on investment.

    Limits on campaign financing will do nothing to change the nature of the business of politics (and government itself). After all, time and effort is easily converted to dollars. If they can't "donate" raw cash, they will simply hire somebody to "donate" time and effort. If the return on investment is lucrative, it will be done.

    The only way to stop this corruption is to strictly limit the boundaries of government (quite ironically, as the founders of the US intended). Of course, that will never happen either, because government itself is a business and benefits from expansion of revenue, not downsizing. Government and its investors in the "private" sector are business partners.

  45. Transparancy by wakaramon · · Score: 1

    Misspelled title.

  46. This is why we need a constitutional amendment by MikeRT · · Score: 1

    "No organization granted incorporation shall be regarded as a human being for the purposes of this Constitution. All privileges and immunities secured by this Constitution, explicitly, shall apply to incorporated entities for the purposes of the laws of the United States. The 9th amendment shall not be interpreted as to convey any implied privileges or immunities to incorporated entities under United States law. No rights or immunities secured by this Constitution shall be incorporated against the several states through the 14th amendment or any other means. No court of the United States shall have jurisdiction to hear any case arising over state regulations of incorporate entities excepting such situations as there shall be a clear matter of interstate commerce. No activity that occurs primarily with a state's borders shall be construed as interstate commercial activity, even if it has an impact on interstate commerce. It shall be assumed in all matters involving United States judicial oversight of state regulations that the state possesses sovereign prerogative to regulate, alter and/or abolish the activity and existence of any incorporated entity chartered under its statutes or operating within its borders."

  47. Going beyond "naive" in this instance by OldHawk777 · · Score: 2, Interesting

    Going beyond "naive" in this instance was not (I think) by Justice Kennedy.

    Going beyond "naive" in this instance for some Justices/Lawyers may have been a crime against Democracy (not the law), IMO, probably in spirit and with intent "The US Constitution" was circumvented with great plutocratic hubris and gross intent to harm US with political/legal treason (but that is not against the law).

    The Corporate States of America (CSA) is a plutocracy not a democracy. The CSA economy is corporate-welfare institutionalism not capitalism. The CSA justice system protects the few from the public many. The CSA religion praises wealth as proof of the gods will and favor.

    Democracy is governance for the People, Tyranny is governance of the people.

    As corporate states, are EU and US any better than CN or RU? I think maybe not, but EU and US still have great expectations (or delusions) to be far better for The People.

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
    1. Re:Going beyond "naive" in this instance by jd · · Score: 1

      But Pluto got demoted!

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  48. Transparency isn't the problem!!!! by GodfatherofSoul · · Score: 1

    The problem isn't that the hypothetical "Citizens for More Freedom" is actually funded by corporation X (and viewers don't know it) to criticize candidate Y. The problem is that corporation X now has unrestricted power to spend as much money as they want attacking candidate Y. The debate is now overwhelmed by big-dollar interests that me and my neighbors simply cannot match by getting together 2 times a week to knock on doors.

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
  49. PRESS by bussdriver · · Score: 1

    The PRESS has always been a group until this blogger thing in recent times. However, the modern corporation was born after the civil war and a lot of our problems at their hands have happened since their birth. Before that time, corporations were of a different nature and were not that common. A real person was in charge of the group and could be held liable etc but with the birth of the modern corporation during a time of increased corruption the liability and accountability was removed and has been eroding ever since... as they gain more and more power without anything to hold back the gradual rise to be the dominant form power in the world today.

    This will likely be the long term legacy for the USA; as the birth place of the mega corporate oligarchy that will plague global humanity for generations to come. Not democracy (Rome gets credit) and its constitution may be remembered to a degree but will likely be viewed as a failed system and its virtues downplayed by the powerful (as they are ignored today.)

    1. Re:PRESS by Shakrai · · Score: 1

      Not democracy (Rome gets credit)

      I think you mean Greece, specifically Athens....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
  50. PRESS by bussdriver · · Score: 1

    FREE PRESS / FREE SPEECH are closely related, not to mention they are in the 1st together... Clearly the PRESS is not the same as a corporation... well apparently that is not clear to you.

    Corporations are not citizens. They have no rights under the constitution (and any they claim to have need to be removed from them.) Someday machines who are smart enough will manage corporations, possibly better than humans do and then it will get interesting. Software tools help manage things today but this is just the beginning.

  51. The job of SCOTUS by Anonymous Coward · · Score: 0

    The Supreme Court can only make sure that any legislation conforms to the Constitution.

    The problem is, they actually don't do that. They rubber-stamp the inversion of the commerce clause; they support restrictions on free speech; they endorse laws made in violation of the "shall make no law" restriction; they allow government establishment of religion; they support laws that infringe in the face of the "shall not infringe" restriction; they let ex post facto laws go in the face of explicit and unequivocal restrictions at both the federal and state level; they allow invasion of papers, effects and person in direct violation of constitutional instruction to the contrary -- in short, there is little evidence that they even understand what their job is.

    It's really too bad that the constitution has no teeth. When I look at what the SCOTUS has done, the first thing that comes to mind is that some of them should definitely be punished for both violating their oaths and for grossly harming the country with malice aforethought.

    Anon due to mod points

  52. Money = Free Speech for Non-Voters by Anonymous Coward · · Score: 0

    People without a vote, to include foreigners, resident aliens, corporations, non-profit organizations, trust accounts for granny's dog, and any other legally identifiable person, should have the right to protection under the 14th amendment, which I quote in relevant part below:

    No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    If you tie the ability to monetarily contribute to campaigns to registered voters, then people who are affected by the laws and votes of their elected officials don't have any say in the process, many times through no fault of their own. A person who was born outside the US, wants to live here, and got here as soon as they could and wants to be naturalized still has to wait for the process to take effect. In the mean time, if he's mugged, he is afforded the full protection of the laws and government of the USA because of the 14th Amendment. Why should his right to free speech through monetary donation be infringed upon because of no fault of his own? (Notice: this doesn't include felons who lost their right to vote, but could still donate money to candidates.) The same rights to speech have to apply to people who are legally persons but not citizens of the country or we do a disservice to human kind.

    Equal protection is a pretty easy concept to understand. If a corporation has more money than an individual, that person is just as free as that corporation to band assets together for a common cause. This is not as distinct from Bob being rich, Joe being poor, and both wanting to donate money to their candidate. We should punish Bob for being successful and limit his ability to speak through money? What if Joe has the ability to cast a ballot but Bob does not? Is this still a uneven playing field?

    Don't give me unrealistic excuses of Asperger's-influenced social theory by saying "If they're not registered when they could be, we don't want them voting anyways, whether it's with dollars or ballots!" or "Take the vote away from old people and other groups I don't like!" or comments to that effect. Think fair, not "what I want" which is exactly the problem predicted in so many of the Federalist papers.

    And in a Slashdot specific rebuttal, if I have the right to "vote with my money" by boycotting a corporation because they don't open up their code, release their swiped program under the GNU license version I prefer, or whatever, I also have the right to vote with my money by giving it to people I do support, like random non-profit or for-profit corporation.

    Slashdot rebuttal #2: If posting anonymously is so important, why can't I contribute anonymously to anyone I choose? What if i fear reprisals from the same types of personalities (whether they're just legal persons and not natural ones)?

  53. Shades of evil... by meerling · · Score: 1

    I can just see him standing there with an innocent look on his face, pinkie held to the corner of his mouth while saying, "Oops, did I goof? Or did I?".
    Rule of thumb: If it CAN be abused (especially by politicians where money or power are involved) it WILL be abused.

  54. Nobody is willing to actually reform democracy by Anonymous Coward · · Score: 0

    I can say it on every political thread, and you folks just don't get it. Hundreds of posts about how broken our democracy is, and nobody with a realistic plan to genuinely, actually fix it in the near term.

    If you want to really do something about the terrifying erosion of democracy, join the one group of people who are actually working on a viable, real-world alternative to representative democracy: http://metagovernment.org/

  55. Response to 2008 election spending by Jammer6502 · · Score: 1

    This seems to me to be a direct response to the Democratic party outspending the Republican party in the 2008 elections. Because of the larger number of people donating small amounts of money to the Obama campaign the Democrats were able to outraise and outspend the Republicans who depended on small numbers of wealthy people contributing the maximum. Nobody knows the intent of SCOTUS in deciding this, maybe it was oversight, maybe they didn't like the move to the left that would eventually leave Democratically nominated Justices in power, nobody knows but them. But the effect of this ruling is to allow the wealthy to skip past the restrictions they were under in 2008 and give them the fund raising advantage in 2010 and beyond.

  56. I sure wish by Anonymous Coward · · Score: 0

    I sure wish that I had money to 'donate' so that I could perhaps have a chance at reverting any law that the entertainment industry pushed through to squeeze more money out of the people. Sadly, money is apparently "free speech," and it's apparently a good thing that you're able to bribe the government! What a good decision!

  57. no difference in (relative) spending by corbettw · · Score: 1

    http://reason.com/blog/2010/10/27/pity-the-poor-rich-incumbent

    Democrats are still outspending Republicans in nearly every race. So for all the fear mongering by progressive groups, none of their fears have come true. Once again, people with no real understanding of an issue completely failed at predicting the outcomes of it.

    --
    God invented whiskey so the Irish would not rule the world.
  58. Re: by Nate731 · · Score: 1

    Wow... Can you get any more "Right Wing Conspiracy"-esque? Seriously dude, put down the Obama pom-poms. It's not JUST the Republicans, it's ALL of the politicians. Look at the shpae the country as a whole has been left in since the 60's. Rediculously mounting Debt, almost constant conflict somewhere on the globe, increasing unrest of the people, a wear down of national pride, etc. FYI, look at the history books. If you do the math since counting Kennedy, there has been almost equal party representation in the white house during the beginning of the computer age and on into the information age. You really think that only one party knows what the people want? And/or will actually follow up on that? Crying foul only for one side is the most short sighted view of all. To parody Nixon, "They're ALL crooks!"

  59. With an expected voter turnout of 37% by bsharma · · Score: 1

    With an expected voter turnout of 37% ( http://www.infoplease.com/ipa/A0781453.html ) , isn't all this analysis too much bellyaching over nothing? The reality is, most "Citizens" don't seem to care. Core partisans, who are generally loyal to their party or philosophy won't be persuaded by any kind of ads. I don't think the Citizen's decision, bad though it might be, is not all that harmful. In fact, from a Libertarian viewpoint, what is the harm in ads that don't reveal donors? An intelligent voter should be able to recognize the third party sponsor and filter the ad appropriately. I think the citizens who do vote are generally capable of keeping their skepticism & cynicism threshold high. (At least I am, I generally ignore all 3rd party ads, unless it points me to something I can independently verify)

  60. These people expected transparency? by Anonymous Coward · · Score: 0

    WTF? They are either totally gullible or emitting audible porky pies. Either way, get them out.

  61. Corporations are not properly "someone" by IBitOBear · · Score: 1

    Anything without a consciousness, or at least a conscience, should not be allowed to speak at all.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  62. Well... by vegiVamp · · Score: 1

    I guess they should've used PNG, then.

    --
    What a depressingly stupid machine.
  63. Re:Why complain? This is stimulus! by PaulMeigh · · Score: 1

    You stole my joke.

    I'm usually not an end-of-the-empire cynic, but really? $1.5B just for the House? Think I read somewhere that it's like $3B when you add in Senate and Governors races. This seems to me to be the fakest of fake economy.

  64. Roe v Wade by Anonymous Coward · · Score: 0

    "Abortions will not be that common" was the cry. Yes, the SCOTUS does make naive rulings sometimes.

  65. Re: by blair1q · · Score: 1

    Dude, if you can't see that the GOP is a front for people who literally don't care if you live or die except where that choice results in revenue in the current quarter then you're not paying attention.

  66. Put your mouth where the money is by Anonymous Coward · · Score: 0

    "Put your mouth where the money is." he said, as they watched the value of the dollar diminish in size while proceeding into the future. Another article vaguely remembered declared that the current price of cotton was lower than that of Civil War times. My, how things change when adapted to. No adjustment required.

  67. Mod parent -1 ignorant by Anonymous Coward · · Score: 0

    The Supreme Court doesn't make laws, period.

    Wrong. Look up "case law" in the dictionary. That is the kind of law that courts make, as opposed to "statute law" which is what legislatures (i.e. Congress) makes. Why does "case law" have the word "law" in it? Because it's LAW, that is why. It is binding on other courts and on Congress.

    The Supreme Court bloody well DOES create law and that's why its actions are so significant and why they fucked up this case so badly.

  68. Pirate Bay? by Anonymous Coward · · Score: 0

    What's to stop the Pirate Bay from collecting money and 'donating' it to a couple of senators?

    Woops. There I opened a can of worms...

  69. Re: by Anonymous Coward · · Score: 0

    Wow... you posted this twice and you still couldn't manage to spell "ridiculously."

  70. You are wrong by JBaustian · · Score: 1

    Quote: "A corporation is not the same as "your money". A corporation is an artificial, legal entity created by a state that has its own assets and its own liability. Most particularly, it can sue, be sued, own property, even go bankrupt, but the assets of the owners of the corporation are protected (snip) This is an extraordinary protection. And has absolutely no constitutional basis (but you're welcome to look for it yourself). Thus, the rights of a corporation are completely arbitrary, created by government and therefore changeable and may be regulated by government for any reason. (end of quote)

    In fact the US Supreme Court ruled otherwise in Dartmouth v Woodward (1819); corporations and other groups or associations, as artificial persons, possess many of the rights of individual natural persons, and these are rights that a government agency can not take away.

    Most of these rights predate the Constitution; they were found in English common law and even in Roman law.

    While the Citizens United case overturned parts of the McCain-Feingold campaign finance law (2002), it affirmed the basic rules that have applied to corporations for hundreds of years. It absolutely did not overturn 100 years of established corporate limits on campaign donations. Corporations cannot give to candidates, then or now, nor to parties, though they have always been able to create PACs.

    Lastly, why should media companies have rights that all other corporations do not?

  71. Voters naive too... by Anonymous Coward · · Score: 0

    Voters believing Obama's claim of greater transparency is no different.

  72. But but.... by niftymitch · · Score: 1

    But this is a stimulus plan at its best.

    The money much of which is from multi national companies where normal Tax does not reach gets spent here on US air and cable networks. It then trickles down and fertilizes the masses.

    The big concern is that the trickle down does not burn yellow spots in the lawn or turn white socks yellow.

    Folks just need to make it clear to voters to vote where the honest information is (fat chance).

    --
    Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
  73. And Marketing Industry too. by niftymitch · · Score: 1

    It should be noted that the millions are being spent through agencies. Think tobacco and watch "Mad Men.

    The marketing engines are spending money on marketing to preserver their business.

    How does one out market many marketing organizations that are intent on preserving themselves? Like you cannot hire a marketing group without funding the marketing group.

    What is it that the UCSD p-System documentation says about recursion?

    --
    Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
  74. Corporations as people is the root of much evil by Anonymous Coward · · Score: 0

    Corporations as people is the root of very much that is evil in the USA today. It is bad enough that a rich person gets more 'free speech' than a poor person (because money=speech), but at least a person can be held accountable for what they say. Corporations are not just vastly more wealthy than the individual (thus increasing the disparity between those with the least power and those with the most), there are also many fewer ways to hold them accountable, and it is much easier for them to hide their affiliation with the 'free speech' for which they pay.

    Completely publicly financed campaigns would do a lot to correct the cancer that is in american politics today, not only neutering corporations, but also reducing the control of politics of the ruling rich. It is hard to see how this could come to be, because it would disenfranchise those who currently are in control, and why would most of these 'individuals' voluntarily give up power?

    Over the last 30 years, those with money in this country have used their power to write laws that enrich themselves at the expense of the public, corporations being the richest and most guilty participants. The ideal politician is one that is working for the common good, but the reality is that they work for those who pay to elect them, because they would not be there without that money, and they cannot stay there without more money. This means the rich get to write the laws, and over the last several decades, they have been writing them selfishly in their own interests, not in those of the public. Of course there are many, many exceptions to this, but that does not change the overall effect, which is to concentrate wealth and power in the hands of those who already have it, and impoverish and disempower those who have little. If you look at the demographics of wealth in the USA over the last 30 years, you can see how effective they have been in this endeavor.

    In addition to publicly financed campaigns, corporations need to be severely limited from their current incarnation. Monopoly laws should be extended so no corporation is so large that it's success is vital to the national interest that public money has to be used to prop up its failures. That is just one of the many ways the power of corporations needs to be limited to reduce their power and influence. At a bare minimum, everyone who buys a Widget(TM) from ACME Corp. should be informed how the money they spent on that Widget is being used to promote a particular political agenda.

    While the free speech argument is compelling, and I certainly do not want the government controlling what people can and can not say, the reality is that things are broken, and there is a way we can fix the problem while still allowing the individual to speak out and express an unpopular view without fear of repercussions. To me, the key aspect of free speech that must be preserved is my ability (as an individual) to publish an unpopular opinion, organize a march, to speak out against what the government may be doing at the moment without fear that the government will punish me (say with imprisonment). It is when this notion of free speech is perverted by those in power to mean that they can use their power to drown out all lesser voices that something has gone wrong. Free speech is at its best when it is enabling those who have less power to voice their opinion without fear of repercussions, it is at its worst when it is enabling those in power to consolidate their power and silence all challengers.