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Supreme Court Rules On Corporate Privacy

heptapod writes "The Supreme Court unanimously decided (PDF) Monday that AT&T can't keep embarrassing corporate information that it submits to the government out of public view; 'personal privacy' rights do not apply to corporations. 'We trust that AT&T will not take it personally,' concluded the ruling."

67 of 408 comments (clear)

  1. good start, long way to go by v1 · · Score: 5, Informative

    we still have quite a few other personal rights that have been given to corporations that shouldn't have

    --
    I work for the Department of Redundancy Department.
  2. "personal privacy" rights dont apply by commodore6502 · · Score: 4, Interesting

    About frakking time. Corporations should have no more access to human rights than a tree or rock or building. If an entity can not vote, then it should not have rights.

    Privileges like trademarks and advertising? Sure. But such privileges should be strictly regulated and limited (unlike individual speech rights which should be unlimited).

    --
    Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
    1. Re:"personal privacy" rights dont apply by The+MAZZTer · · Score: 2

      If an entity can not vote

      Shhh don't give them ideas!

    2. Re:"personal privacy" rights dont apply by Trepidity · · Score: 3, Informative

      This is about interpreting the FOIA, not Constitutional rights, so the "rights" involved are whatever Congress wanted to specify in the law, which could have included things relating to corporations if Congress chose to.

      Congress wrote in the FOIA that people can generally request government records, and the government must respond to such requests, except in a list of specific exceptions where the agency is allowed to withhold them. If Congress had wanted to, they could have included "the request would reveal sensitive information about a corporation" in the list. This case just holds that Congress did not in fact include such an exception, implicitly or otherwise.

    3. Re:"personal privacy" rights dont apply by zill · · Score: 3, Funny

      If an entity can not vote, then it should not have rights.

      Of course corporations can vote. They just use the special ballot that lists Benjamin Franklin as a candidate every election.

    4. Re:"personal privacy" rights dont apply by Stormy+Dragon · · Score: 5, Insightful

      If an entity can not vote, then it should not have rights.

      So non-citizens residing the US have no rights? Or children?

      Also, have you considered the full implications of that stance? Could the US, for example, censor Busboy Productions, Inc. on the grounds it has no first ammendment rights? Could they sieze Twitter's computer servers without a warrant on the grounds it has no fourth ammendment rights? Can they tap your wokplace phone without a warrant because your employer has no expectation of privacy?

    5. Re:"personal privacy" rights dont apply by Geoffrey.landis · · Score: 2

      About frakking time. Corporations should have no more access to human rights than a tree or rock or building. If an entity can not vote, then it should not have rights.

      More importantly, if a corporation can't be put in jail for wrongdoing, it shouldn't have rights.

      --
      http://www.geoffreylandis.com
    6. Re:"personal privacy" rights dont apply by zill · · Score: 2

      Too bad private citizens don't have the financial resources to lobby the government.









      Wait, I have an idea! We should form a corporation, invite every citizen to join, and then pool our money together in it for lobbying. This way we can out-lobby the big corporations and finally return control to the people.

      I propose we call this new corporation "Federal government of the United States".

    7. Re:"personal privacy" rights dont apply by geminidomino · · Score: 2

      And how, exactly, does permanent (12 states) or temporary (36 + DC states) disenfranchisement assist the "functioning" of the state, assuming some value of "function" that is more meaningful than "letting the scumbags in charge stay in charge?"

      Answered will be checked for spelling and logical coherence.

    8. Re:"personal privacy" rights dont apply by C_amiga_fan · · Score: 2

      >>>corporations are made up of people. And those people have rights.

      That's correct. That doesn't mean the corporation should have rights. For example, you can deny Microsoft the right to donate money to (buy) candidates, lobby congress, vote in elections, et cetera without denying the Microsoft employees their own rights to do all of those items.

      --
      FREE magazine : http://clarkesworldmagazine.com/prior/
    9. Re:"personal privacy" rights dont apply by speroni · · Score: 2

      We will need to elect some kind of board of representatives to make timely decisions on behalf of all the shareholders.

      How shall we chose them?

      --
      Eschew Obfuscation
  3. Don't Worry AT&T by mattwrock · · Score: 2

    I am sure if you make some "donations", a bill will quickly be passed to change this ruling. I think bill's name will be the "Freedom Defense".

    --
    "Ones and zeros were everywhere. I even think I saw a two!" - Bender
    1. Re:Don't Worry AT&T by RingDev · · Score: 3, Informative

      I believe that is direct contributions, not total political expenditures.

      Take the Koch brothers recent activity in Wisconsin. They donated $43,500 to Governer Walker's election campaing. But, they also donated $1M to the Republican Goveners association (which spent over $2M in Wisconsin) and funded another $2+ million in political activity in Wisconsin through their Americans for Prosperity PAC.

      So if you look at the Koch's contribution to Walker, it doesn't seem all that significant. But if you look at their spending, it's tremendous.

      True, that example is at the state level and the list you linked to is at the federal level. But I would really be surprised to find that that chart includes all investments besides direct contributions by all PAC and subsidiaries and their PACs by all of the groups listed.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  4. Re:I don't think it's common sense by Moryath · · Score: 2

    Give it a week. They'll throw a few billion dollars at the Robberbaronicans and next thing you know, there'll be a "Personal Privacy for Corporations" clause slipped into the next budget bill.

  5. OK by killmenow · · Score: 4, Insightful

    First off: "We trust that AT&T will not take it personally"

    Hahahaha! That's like a big middle finger stuck right into the ruling. Nice!

    Now that I got that out of my system...the whole corporate personhood thing is such a farce anyway. A corporation is nothing but a group of people. It could be one person or 100,000 people. But if you remove all the people from the corporation, can it make a decision? Can it sign a piece of paper? Can it continue to function at all? NO.

    What's worse: the idea that people do things "on behalf" of corporations. Such as the fallacy that a corporation is to blame and not the person who does the wrong thing and rationalizes "I'm not a sociopath because I decided to pollute that river with toxic waste then obstruct justice during the investigation by shredding all those documents on behalf of the corporation."

    Corporations don't commit crimes. People do. Maybe it's "on behalf of" the corporation. But it's always a person doing the deed.

    Again, a corporation is its people. It's not its own person.

    1. Re:OK by zill · · Score: 4, Insightful

      A single human cell cannot function without the rest of the body.

      A single employee can function without the rest of the corporation.

    2. Re:OK by Lumpy · · Score: 2

      In fact a single employee functions BETTER if all the management parts were removed.

      that makes Management in a corporation.... Cancer?

      --
      Do not look at laser with remaining good eye.
  6. Dialing back corporate personhood... by terraformer · · Score: 2

    Thankfully, this dialing back corporate personhood and granting personal rights to corporations has long been overdue. Odd case to have it happen in, as the outcome is not clearly positive in all cases, but the overall result for the law in general is a positive one.

    --
    Who are you? The new #2 Who is #1? You are #617565. I am not a number, I am a free man! Muhahaha.
  7. corporations-as-individuals = insanity by 0111+1110 · · Score: 5, Insightful

    If corporations were individuals they would be sociopaths as this 2003 Canadian documentary endeavors to show. In D&D they would be considered either lawful evil or chaotic evil (depending on the corporation). They are narrowly selfish and greedy to such an extent that as an individual they would almost certainly be criminals. Profit trumps every other concern without exception. So corporations are an evil institution, but are they a necessary evil? The price we pay for economic prosperity. Perhaps, but that doesn't mean we have to give them any more power than necessary to get what we (as a society) want from them (inexpensive, innovative, useful products).

    I consider myself a Libertarian, but I would argue that even in a free society corporations-as-individuals should be prohibited. It simply does not make sense to grant them the same rights as an individual not only because they clearly are a group of individuals, but because corporations need to have limitations on their power and on their predictably ruthlessly selfish/evil behavior. Corporations are the only institutions that can even remotely compete with governments in terms of power and abuse of power and they should be treated warily because of this.

    --
    Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  8. Reading too much into the ruling by Dachannien · · Score: 4, Insightful

    Folks here are already saying things about this ruling diminishing the "person" aspect of corporations. The ruling doesn't really do that. Instead, it rests on a question of statutory construction. In particular, the court says that "personal privacy", a phrase used in FOIA, does not merely mean the privacy of a person, as AT&T argued, but instead refers to particular elements of privacy that only carry meaning when you're talking about an actual human being.

  9. No need to break what isn't broken by khallow · · Score: 2, Insightful

    we still have quite a few other personal rights that have been given to corporations that shouldn't have

    I'll be glad when this fad goes away. The whole reason for corporate personhood is to protect the rights of the people involved with the corporation. If the US dismantled the corporate personhood machinery, it would have to be replaced with something else that does pretty much the same thing. Else groups of people would have their rights trampled. It's not rocket science.

    Also, note that even moderately controversial decisions (such as the frequently reviled Citizens United v. FEC case) are decided by narrow majorities (5-4 decision in that case) while obvious stretches of corporate personhood are decided by 9-0 rejections. This isn't an area that is careening out of control.

    1. Re:No need to break what isn't broken by Utini420 · · Score: 3, Insightful

      Wouldn't those people's rights be protected by, ya know, being people?

      --
      A little inaccuracy sometimes saves tons of explanation.
    2. Re:No need to break what isn't broken by Anonymous Coward · · Score: 5, Insightful

      Has a company ever been put in prison?

    3. Re:No need to break what isn't broken by khallow · · Score: 3, Insightful

      Wouldn't those people's rights be protected by, ya know, being people?

      No. Even in the US that isn't true. If your rights have been violated by law or action, you still have to act to redress your grievance, either in the courts or through communication. What you don't get is that procedures frequently have to be implemented in order for the right to be properly honored.

      For example, the Miranda warning is a judicially mandated action that was deemed necessary so that people who were arrested would aware of their rights. It doesn't follow naturally from the Constitution and didn't come about until about 45 years ago.

      Similarly, corporate personhood is a legal invention. It came about precisely because the courts of the time deemed it necessary in order to honor the rights of the people making up the corporation.

    4. Re:No need to break what isn't broken by sanosuke001 · · Score: 5, Insightful

      No, it would be much easier as we would have to charge individuals with crimes and therefore, individuals in the company would have real personal consequences for their actions instead of having the company take the fall. It also wouldn't have to be a single person; a group of people in collusion would be just as effective.

      --
      -SaNo
    5. Re:No need to break what isn't broken by Anonymous Coward · · Score: 2, Insightful

      Our current legal system has laws that differentially govern the activities of organizations and individuals, so no - organizations could still be held legally accountable for their actions. It could adjust to have more targeted at organizational activities if really necessary. It's not like you can extract conceptually different legal remedies from criminal vs civil prosecution of a corporation currently; no corporation is doing jail time.

      Besides, if such a change occurred and it led to more prosecution of individuals for activities undertaken by an entire organization, I'm not convinced that would be a bad direction.

    6. Re:No need to break what isn't broken by Stormy+Dragon · · Score: 2, Insightful

      The problem is then that you have to prove beyond a reasonable doubt that person's involvement with each element of the crime. Part of the reason we tend to prosecute the corporation as a whole is that it's often not easy to pin the whole crime on any specific person given the distributed nature of responsibility in most large corporations.

    7. Re:No need to break what isn't broken by sjames · · Score: 3, Insightful

      There's a big difference between having some form of legal entity and personhood. The one big thing that must be brought back is actual enforcement of the requirement that a corporation be in the public interest. Breaking the law is never in the public interest, so a corporation that does so is dissolved.

    8. Re:No need to break what isn't broken by Baki · · Score: 4, Insightful

      Many countries make a distinction between natural persons (i.e. humans) and a legal person (entities, corporations). I have to assume that there must be some distiction between the two in the US too, though it is smaller than elsewhere. If not, a corporation being a natural person would have a nationality, and if it is a US nationality, it would have the right to vote in elections, which is not the case.

    9. Re:No need to break what isn't broken by dkleinsc · · Score: 4, Insightful

      Sure they can. For instance, if corporations are property, thanks to asset forfeiture it's possible for the government to charge property with a crime and confiscate it.

      Or alternately, assume they are neither property nor persons. That means that Congress can pass whatever laws about corporations they like (since they nearly always fall under interstate commerce), and the state where the corporation is incorporated can also exercise unchecked control. Either of them could pass a law that states something like "Corporations who commit criminal offenses will be tried as criminal defendants."

      One could argue whether either of those is a good or bad thing, but it's hardly a situation where they can't be charged with a crime.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    10. Re:No need to break what isn't broken by Anonymous Coward · · Score: 4, Insightful

      Which typically amounts to a slap on the wrist.

    11. Re:No need to break what isn't broken by khallow · · Score: 2
      Whoa whoa whoa.

      No, it would be much easier as we would have to charge individuals with crimes

      Think about it. It's already illegal for individuals to commit crimes. It's already illegal for groups of people to commit crimes too. Collusion is already illegal. And police already can arrest people and courts convict and mete punishment for crime.

      So given that all this illegal activity is by definition illegal with a big stick to back it up, why do you suppose that Stormy Dragon said it'd be harder to police corporations without charging the corporation itself for the crime?

    12. Re:No need to break what isn't broken by memnock · · Score: 2

      RICO is good at nailing individuals in distributed organizations. I think it would possible to use a similar idea for corporate or corporate employee malfeasance.

    13. Re:No need to break what isn't broken by Lumpy · · Score: 4, Insightful

      Problem is, "the public" is not what you think it is. that does not mean you or me but "major shareholders" which is the top 1% of the population. Liability to you or me, even if we hold 1,000 shares is nothing. liability to the guy that owns 20% is there.

      the public was sold a bag of goods that was rigged from the start to protect the riches of the top 1% and NOT that of the public.

      --
      Do not look at laser with remaining good eye.
    14. Re:No need to break what isn't broken by Mister+Whirly · · Score: 5, Insightful

      You have summed up the problem pretty effectively. All the execs have to do is pass the buck and they know they can basically get away with whatever they want. And if they are caught, the harshest penalty is monetary - not even personal fines, but rather the corporation. It is like legally removing your conscience.

      --
      "But this one goes to 11!"
    15. Re:No need to break what isn't broken by MattSausage · · Score: 2, Insightful

      Just out of curiosity, what corporation has been held liable for any 'crime' prosecuted in a criminal court. I'm willing to believe it has happened, but I postulate that it is so rare for this to happen that the corporate personhood clause should go away.

      How does giving a corporation personal rights and freedoms somehow protect the people within that corporation? Are their personal rights not protected by the same constitutional provisions that protects those of us NOT in a Corporation? By what moral imperative do their rights get 'protected' twice while mine may only be 'protected' once?

      For example: Citizens United. Corporations have a right to free speech to support any candidate they so choose. Tell me, before this ruling did the actual human beings within this corporation not actually have those rights? Were they somehow barred from voting or donating their money? I fail to see how granting personhood to any corporation does anything but give members of that corporation extra protections under the constitution the rest of us do not have.

    16. Re:No need to break what isn't broken by HungryHobo · · Score: 2

      A dog can't be charged with a crime but if it kills someone it's shot.
      simply apply the same to corporations.
      commit a serious enough crime, company gets liquidated.

      you don't have to be human to be punished.

    17. Re:No need to break what isn't broken by dlenmn · · Score: 2

      if corporations lack personhood then they can't be charged with crimes.

      Why do you say that? What's to stop the government from passing such laws?

    18. Re:No need to break what isn't broken by vlm · · Score: 3, Interesting

      So who do we send to jail or fine for the Toyota gas pedal problems?

      Well that one is simple, the journalists whom made the whole thing up for the pageviews.

      Good luck collecting your multi-million dollar award from that single assembly line worker, and enjoy destroying his life in revenge for the damage (most likely accidental) that "he alone" caused you.

      The aviation industry solved that by always blaming the pilot, whom coincidentally was dead. An unintended consequence would be the auto industry increasing their lethality so the driver always ends up dead, thus can take the blame.

      Metalworking shops etc already carry hefty liability insurance. The social engineers in congress would have an interesting problem, as thats currently paid pre-tax but if individual worker had to buy first of all they'd be screwed to higher prices just like health insurance and secondly they'd be paying post tax money. So it would be quite a drag on the economy as a whole, although insurance companies would make more, and special interests love to donate to politicians, so I suspect its inevitable in the future...

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    19. Re:No need to break what isn't broken by matt_gaia · · Score: 3, Informative

      What happened with CU is that previous to the case, individuals in a corporation were allowed to make political contributions to whoever they chose to (up to the personal limit, which is $2400, IIRC). In the ruling that came down, corps were then allowed to donate whatever they wanted to out of their own accounts, and essentially without limits. So, because of this (monumentally bad) ruling, corporations could essentially drown out the voices from individual contributors, by spending millions from the corporate accounts on their favorite candidates.

    20. Re:No need to break what isn't broken by Utini420 · · Score: 2

      Wouldn't those people's rights be protected by, ya know, being people?

      No. Even in the US that isn't true. If your rights have been violated by law or action, you still have to act to redress your grievance, either in the courts or through communication. What you don't get is that procedures frequently have to be implemented in order for the right to be properly honored. For example, the Miranda warning is a judicially mandated action that was deemed necessary so that people who were arrested would aware of their rights. It doesn't follow naturally from the Constitution and didn't come about until about 45 years ago. Similarly, corporate personhood is a legal invention. It came about precisely because the courts of the time deemed it necessary in order to honor the rights of the people making up the corporation.

      If you'll hang in there with me, I'm genuinely curious and trying to step outside my normal "corporations = fuck 'em" assumption set. Your angle on this issue is quite different from what I'm used to seeing. What rights of the people in the corporation are we talking about, and how might they be violated? I'm trying to give your position the benefit of the doubt, but being all vague like this I'm not inclined to assume it's the rights of lowly cubicle drones but rather the rights of executives and, well, that comes back to my normal assumption set. Please, illuminate me.

      --
      A little inaccuracy sometimes saves tons of explanation.
    21. Re:No need to break what isn't broken by scamper_22 · · Score: 2

      Unfortunately, it doesn't quite work like that.

      Who would you hold accountable if something went wrong like that. You face the same kinds of issues any institution... even government faces.

      Implementation is everything... and asking a court to decipher responsibility in an institution is extremely difficult.

      Whose to blame? The individual worker? Their manager? The director? The CEO? The contractor?...

      What if it was really just a worker screwing up... say a construction workers accidentally collapses a building and the victim gets a judgment of 5 million dollars. Do you expect the worker to pay this fine? Or would you expect the company to have insurance... thus holding the whole company responsible?

      Ideally, individuals are held accountable... in a perfect world with perfect knowledge... that would be the case. In a practical world... it is much more difficult. By all means charge individuals if it can proven beyond a reasonable doubt that they were responsible or grossly negligent. The laws allows this. But in practice... this is very difficult to prove. But we do know the 'company' or 'institution' did something wrong.

      There are many problems with our justice system and that all over the world... but on many big issues... things are far more complex when you look at the details of what they'd face on a day to day basis.

    22. Re:No need to break what isn't broken by dachshund · · Score: 3, Informative

      I have to assume that there must be some distiction between the two in the US too, though it is smaller than elsewhere.

      There's an excellent (and funny) summary of the oral arguments at Slate.

      http://www.slate.com/id/2281715/

      To sum it up less elegantly, the issue is the Freedom of Information Act which defines an exemption for "personal privacy". It also defines many other exemptions that apply to corporations.

      The case hinged on whether artificial persons such as corporations had a right to "personal privacy". A lower court had said yes --- based more or less on an argument-by-grammar. "Personal privacy" contains the root "person", and hence all persons must have it.

      The Supreme Court decision pointed out that this is not much of an argument. Flesh and blood people have "personal space" and "personal issues", but corporations probably don't. They also pointed out that the legislators had clearly written exemptions into the law that applied to corporations, and so AT&T was asking for essentially a massive extension in what the law does vs. what Congress had intended.

      It gives me a small amount of confidence in this court to see them rule against a major extension of rights for corporations. Maybe it will become a trend.

    23. Re:No need to break what isn't broken by mrvan · · Score: 4, Informative

      Corporate personhood is not invented to protect 'natural', 'constitutional' or 'legal' rights of persons.

      For one thing, the concept originates from before the US constitution. It at least dates back to the Dutch East Indies company (1608 IIRC). Separating investment from liability (other than the invested sum) is a means to allow a multitude of people to invest in a company without the risk of being taken down in a bankruptcy (for more than their invested sum). It is a pure tradeoff between the the security of the investors and the rights of creditors and has nothing to do with enforcement of pre-existing rights.

    24. Re:No need to break what isn't broken by sjames · · Score: 2

      If you speed enough, your license most certainly is dissolved. If you commit more serious crimes you go to jail. That means loss of income and freedom. If you commit 3 felonies you will run afoul of 3 strikes laws (but corporations seem to be exempt).

      It's not all that unusual to use the threat of a severe punishment to encourage acceptance of a more creative solution either. DUI offenders are routinely offered a choice between DUI school or loss of license.

      If you were a corporation, you could get caught speeding every single day for the rest of your life and not only would you still have your license, the fines would be less than the value of the time you saved.

      I am well aware that it is not in the public interest to punish every small corporate infraction with dissolution. I also believe that when a corporation becomes a habitual offender, it's time to put that option on the table.

      It's that or make the punishment for any crime by anybody be a fine in the form of a percentage of disposable income.

    25. Re:No need to break what isn't broken by 0111+1110 · · Score: 2

      Good point. Excellent post. But I question whether this original 1608 form of corporation truly required the concept of personhood in order to exist. Perhaps a government that believes the trade off you speak of is one that is beneficial to society could simply grant limited liability against potential creditors directly to investors and leave it at that without invoking the whole corporation-as-person concept. The government could even just grant the individual investors a certain level of immunity from creditors sort of like what the concept of personal bankruptcy does for individuals. Some may argue that the whole business is really unfair to creditors who just want to get paid for their product/service, but that is another point entirely

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    26. Re:No need to break what isn't broken by brunes69 · · Score: 2

      The reason for corporate person hood is so that if you are working at your $5 / hour minimum wage job at McDonalds and serve someone coffee and they burn their face off, they don't sue YOU for negligence.

      Without corporate person-hood there would be no way for anyone to sue corporations in civil suits.

    27. Re:No need to break what isn't broken by jimrthy · · Score: 3, Informative

      Ah, yes. Good ol' Dutch East Indies. We really should have learned from their monstrous example, realized corporate personhood is one of the single worst ideas ever, and moved back to sanity.

    28. Re:No need to break what isn't broken by pclminion · · Score: 2

      I don't think it has to do with the employees, it has to do with the investors. If I own stock in McDonald's I don't want to be personally sued when some idiot serves scalding coffee and burns someone. If I could be held to that sort of liability then I'd never bother to invest in anything. I'm willing to take financials risks, not legal risks.

      Imagine you have a company 401(k) plan which invests in a mutual fund, and within that mutual fund is a company that is discovered to be committing human rights violations. Imagine that you could be prosecuted and imprisoned for the actions of a company you were not even aware you were investing in. Would you risk it?

    29. Re:No need to break what isn't broken by 0111+1110 · · Score: 2

      The reason for corporate person hood is so that if you are working at your $5 / hour minimum wage job at McDonalds and serve someone coffee and they burn their face off, they don't sue YOU for negligence.

      They wouldn't do that in the first place because someone working at McDonalds wouldn't have any real money. No one should be able to sue someone (and win) when they spill hot coffee on their face anyway. Hot coffee is what they ordered. This sort of evasion of personal responsibility is so pathetic and part of the reason why corporate personhood itself is such a bad idea. People have to take responsibility for their own actions.

      On the other hand if you are waiting tables and spill hot coffee on someone's face and cause them real harm you should be prepared to accept responsibility for that.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    30. Re:No need to break what isn't broken by jwhitener · · Score: 2

      I not sure how you read what mrvan wrote and decided that corporate personhood is a bad idea.

      "It is a pure tradeoff between the the security of the investors and the rights of creditors and has nothing to do with enforcement of pre-existing rights."

      The personhood part of a corporation basically sets up a fake 'fall guy' so that shareholders and investors aren't sued into oblivion if the corporation goes bankrupt. No one would become a shareholder/investor if the risk wasn't just "lose the money you invested" but was "lose the money you invested, and your house, car, and everything else you own".

      The limited liability aspect is a good thing.

      I think what you should be pointing at is the specifics rights that corporations have gained over time. Not rights given to them because they are 'fake people', but rights given to them just because some body of decision makers either thought it was good for business or constitutionally correct.

      Way way back in the beginning, those corporate rights were given, but there were strings attached. I forget all the specifics, but it was basically along the lines of "must benefit society" or something like that. There are instances where corporate charters were revoked.

  10. Businesses trying to tell us what to do by zoomshorts · · Score: 3, Insightful

    Sadly, most elected officials do not realize, that we the People, ALLOW these businesses to do business in our country.
    Just like they think they lead us, when the words lead, leader and leadership, do not exist in the U.S. Constitution.

    The tail shall not wag the dog. End of story. Get out and vote against these idiots! It is your DUTY as an informed
    electorate.

  11. Outraged by PopeRatzo · · Score: 2, Insightful

    Apparently, these eight supreme court justices need to be taught a lesson.

    Don't they know that the original intent of the framers of the Constitution was that corporations are persons, except when it comes to paying taxes? Also, union members are not persons.

    --
    You are welcome on my lawn.
    1. Re:Outraged by Tom · · Score: 3, Insightful

      The people certainly not.

      But why does the group need extra rights for itself, if all the people within it already have them?

      --
      Assorted stuff I do sometimes: Lemuria.org
    2. Re:Outraged by maxume · · Score: 2

      Corporations generally give those people the right to participate in the activities of the corporation without being fully responsible for those activities, and people can work together without forming a corporation, so what's your point?

      --
      Nerd rage is the funniest rage.
  12. Re:WRONG by Tom · · Score: 3, Insightful

    I personaly don't see why people working together should have less rights than people working alone.

    They don't. The people working at a corporation are nowhere even the subject of the discussion. The rights at stake are additional rights given to the corporation.

    I personally don't see why people working together should have more rights than people working alone.

    --
    Assorted stuff I do sometimes: Lemuria.org
  13. Re:I must be dreaming. by Hatta · · Score: 3, Interesting

    Don't worry. The Supreme Court will be back to their old tricks again in Al Kidd v Ashcroft. They may throw us a bone once in a while, but don't think for a second that they are on our side.

    --
    Give me Classic Slashdot or give me death!
  14. When a company is fined, who pays? by dlenmn · · Score: 4, Insightful

    When a company is fined, who pays the price? For public companies (most of the companies we care about), the answer is basically shareholders -- almost all of whom had no part in the wrongdoing. So the main effect is that some people in the company do something wrong, then all shareholders get fined. I think more fines should be leveled on the people who actually did the wrongdoing (although fining the company is still somewhat useful as it does provide an incentive not to break the law -- it's just that the burden of the fine is mostly misplaced).

    1. Re:When a company is fined, who pays? by Fieryphoenix · · Score: 4, Insightful

      Hitting the shareholders' pocketbooks is what should motivate them to keep douchebags out of leadership positions in the company.

    2. Re:When a company is fined, who pays? by fishexe · · Score: 3, Insightful

      When a company is fined, who pays the price? For public companies (most of the companies we care about), the answer is basically shareholders -- almost all of whom had no part in the wrongdoing.

      False. Their part in the wrongdoing was voting for the board that hired the people (...that hired the people...[repeat as necessary]) that did the wrongdoing. Do you think just because your ownership is in the form of stock, that you have no responsibility to even investigate whether the people generating your dividends are trustworthy enough not to lie, cheat, steal, maim or kill?

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    3. Re:When a company is fined, who pays? by schwit1 · · Score: 2

      "Do you think just because your ownership is in the form of stock, that you have no responsibility to even investigate whether the people generating your dividends are trustworthy enough not to lie, cheat, steal, maim or kill?"

      Yeah. I have IRAs and mutual funds that are made up of dozens of stocks. Maybe you have the time and resources to investigate all of their chief officers and board directors, I don't.

    4. Re:When a company is fined, who pays? by foobsr · · Score: 2

      When a company is fined, who pays the price?

      Until now I thought that it is the customers/consumers that pay for the company's services/goods/products. Shareholders may earn less, but they pay nothing.

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    5. Re:When a company is fined, who pays? by fuzzyfuzzyfungus · · Score: 4, Interesting

      The whole point of "shares", and limited liability companies in general, is to allow people to purchase a slice of the outcome of an enterprise the could not afford to undertake themselves; but without the risk of losing more than they put in.

      The risk that shares will lose value is part and parcel with the whole concept of "share". In fact, shareholders are already coddled today much more than they were historically. At one time, getting an LLC was a major thing, not just some paperwork. People actually had to put their own assets on the line with "partnerships". Limited liability stock is a luxury by comparison.

      Now, as a pragmatic matter, I strongly suspect that targeting individual corporate officers with criminal penalties when they do criminal things(ie. if somebody knowingly exposes workers to unreasonable hazard that proves fatal, don't dick around with corporate fines, treat that somebody the same way you would anybody else who subjects others to unreasonable hazard - put them up on manslaughter charges) would have a salubrious effect on corporate behavior, and would be a good public policy move. However, there is absolutely nothing unjust with punishing corporations in ways that damage the value of shares. That is sort of the whole point. (On a separate; but related, note: it sure would be nice if corporate charters were amended such that shareholders had much greater actual power, so they would have some chance of heading things off, rather than just voting with their feet once the clusterfuck started...)

    6. Re:When a company is fined, who pays? by mrchaotica · · Score: 4, Insightful

      The problem with that is that the shares are filtered though so many layers of mutual funds and derivatives and hedge funds and private equity and TLAs and who knows what else that the majority of the shareholders don't even realize that they even are shareholders at all!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:When a company is fined, who pays? by fishexe · · Score: 2

      "Do you think just because your ownership is in the form of stock, that you have no responsibility to even investigate whether the people generating your dividends are trustworthy enough not to lie, cheat, steal, maim or kill?"

      Yeah. I have IRAs and mutual funds that are made up of dozens of stocks. Maybe you have the time and resources to investigate all of their chief officers and board directors, I don't.

      All right, I'll make you a deal. When I get cancer because some company knowingly dumped carcinogens in my drinking water for thirty years because it was more profitable than disposing of them properly, instead of suing, I'll just say to myself, "schwit1 might own some stock in this company, through his IRAs and mutual funds, and it really wouldn't be fair, after letting him profit from the same actions that gave me cancer, to then take some of that money back from him, because gosh darnit, he just doesn't have the time to make sure these things don't happen!"

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    8. Re:When a company is fined, who pays? by cayenne8 · · Score: 2

      That is, I have no sympathy for screams of anguish over how union pay packages are outrageous and bankrupting companies, so long as upper management pay packages are also outrageous.

      Well, I do.

      I believe it is up to the individual to be able to negotiate their salary/bill rate and benefits. If some one, a management type, can somehow pull off convincing someone he is actually worth millions a year, etc...then more power to him. The people hiring him are the idiots.

      I know what my skills are worth in the marketplace...and when I negotiate salary for a W2 job, or bill rate for a 1099 job...I keep that in mind. I may take a little less money, for more paid time off...I insist on EVERY job, that I get paid for every hour I'm there. I don't work for free...if I work over 40 hours in a week, I insist that every hour over that comes in at least at normal hourly rate. That keeps them honest on how much they work me.

      My free time is VERY valuable to me...I only work to earn money to have to enjoy my free time...

      If you are stupid, or timid, or don't have enough incentive to study your worth and fight for it...then I don't have a lot of sympathy for you, I'm sorry. If I can do it..so can you. I'm nothing that special.

      And if you screwed around in school...didn't study, didn't work there...and all you can do is dig a ditch..well, that's your lot in life. As the saying goes, the world needs ditch diggers too.

      You just don't deserve $30/hr...long paid vacations, and huge benefits like someone who worked and made something of themselves and have the working worth more demanding than physical labor....someone with a skill, deserves more.

      I don't like the unions, because they can skew this....and reward lackluster or downright BAD performance.

      Unions has a purpose way back in the day, and they did do some beneficial things that we all enjoy today. However, those times are past..and they are more of a drag on the economy today. And hey, is some people want to join unions...well, while I don't like them...it should be your right to do so. I don't, however, think any one person should be forced to join a union and pay dues to work tho. They should have a choice...otherwise is un-American IMHO.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    9. Re:When a company is fined, who pays? by rhsanborn · · Score: 2

      Punishing corporations is to encourage corporations to enact policies across the board that prevent these kinds of abuses from happening. But make no mistake, when it can be proven, knowingly causing harm or fraud is personally punishable, as can be evidenced by several Enron execs in prison. The fact that investigators aren't more vociferous about finding and personally punishing individuals for malfeasance is a matter of public policy. Write your senators and congressmen.