The Free Press, Mankato, MN

Your View

May 12, 2012

Your View: Case law shows corporations have rights

By Bob Jentges, North Mankato

— When I read Dan Conner's May 7 print edition Your View referring to a Facebook posting on The Free Press website by someone on a different topic, it reminded me of his Facebook comment posted adjacent to my April 19 Your View. Maybe turn-about is fair play.

In his comment to my letter Mr. Conner referenced the totally non-germane topic that corporations are not people. I expect he was expressing disagreement with the Citizens United v. FTC (2008) U.S. Supreme Court case -- which seems to be part of President Obama's re-election campaign speeches against the Court.

 The issue of corporate personhood is not new. It dates back at least to Dartmouth College v. Woodward (1819) when the U. S. Supreme Court recognized corporations as having the same rights as natural persons to contract and enforce contracts -- and again in Santa Clara College v. Southern Pacific Railroad (1886) when the Court recognized corporations as persons for the purposes of the Fourteenth Amendment, i.e. equal protection under law.

 Moreover, in Buckley v. Valeo (1976), the Court ruled that spending money to influence elections is a form of constitutionally protected free speech.

So the way I see it, the Citizens case clarified that for-profit corporations, non-profits, and labor unions -- groups of citizens i.e. people -- acting together for a common cause retain their First Amendment rights to express their views about candidates for political office.

Too much money in politics -- I think so. But there must be a better way to resolve the issue than by limiting constitutionally protected free speech!

 

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