|
On 21 January 2010, the United States Supreme Court unleashed another
“Dred Scott” type of decision ... this one establishing
“corporate personhood”.
Click on this paragraph to download a pdf of the decision document.
The majority of justices (5) write:
This protection has been extended by explicit holdings to the context of
political speech.
Under the rationale of these precedents, political speech does not lose
First Amendment protection “simply because its source is a corporation.”
The Court has thus rejected the argument that political speech of corporations
or other associations should be treated differently under the First Amendment
simply because such associations are not “natural persons.”
Justice Stevens, writing in his dissenting opinion, argues:
If taken seriously, our colleagues’ assumption that the identity of a speaker
has no relevance to the Government’s ability to regulate political speech
would lead to some remarkable conclusions.
Such an assumption would have accorded the propaganda broadcasts to our troops
by “Tokyo Rose” during World War II the same protection as speech
by Allied commanders.
More pertinently, it would appear to afford the same protection to multinational
corporations controlled by foreigners as to individual Americans:
To do otherwise, after all, could “ ‘enhance the relative
voice’ ” of some (i.e., humans) over others (i.e., nonhumans).
Under the majority’s view, I suppose it may be a First Amendment problem that
corporations are not permitted to vote, given that voting is, among other things,
a form of speech.
If this decision offends and outrages you (AND IT SHOULD!) click on this
paragraph to link with a grassroots effort to amend the United States
Constitution to establish that “money is not speech, and that human
beings, not corporations, are persons entitled to constitutional rights”.
Scott McLarty, the Media Coordinator for the Green Party of the United
States, wrote a Letter to the Editor of the New York Times on 22 January
2010 commenting on the editorial they wrote expressing grave concerns over
the U.S. Supreme Court decision.
Click on this paragraph to view the content of that letter.
|