But how is the corporation "not people"
anymore than the PTA is "not people"?
Stop pretending you've answered this.
No one has answered what "not people" means.
But those also are "not individual" -- they are groups. [i.e. Girl Scouts, Little League, PTA, etc.]
That’s true—they are groups. But the distinction is not between “individual” and “group,” it’s between associative expression by individuals and independent political power held by a state-created legal entity.
You're just making up those terms "associative expression by individuals" and "independent political power held by a state-created legal entity" -- you can't cite anything in established law or court ruling which uses this terminology to officially distinguish between groups which are "people" having 1st Amendments rights in contrast to "not people" groups having no 1st Amendment rights.
But, assuming those words mean something (other than just your subjective rage against corporations), how does "independent political power held by a state-created legal entity" turn them (or the group they belong to) into "not people"? They are just "people" who have this "independent political power" or they are "people" who are now a "state-created legal entity" -- which doesn't magically turn their group into "not people" any more than it was before.
joining the PTA vs. forming a corporation
Consider these 2 different hypothetical "people" who are almost exactly the same socially -- 1) One of them joins the local PTA (attends a PTA meeting and joins) while 2) the other forms a corporation at a local state office. So these 2 different "people" have now changed, and each belongs to a group they didn't belong to before, and either might have some new social advantage or responsibility s/he didn't have before -- so they've both changed and are "people" interacting with other "people" in their new social activity they chose. How is this new social activity "not people" in one case anymore than the other? (corporation vs. PTA)?
What is it about this corporation membership that is any less "people" than belonging to the PTA? No one has answered this, including the
NoHolyCows above "associative expression by individuals" and "independent political power held by a state-created legal entity" -- that fancy wording doesn't explain how every corporation is "not people" whereas a local PTA group is people.
Both are "people" groups doing something different than other groups, but these groups are "people" in either case, regardless of the differences between them. OR --- you could also say:
neither group is "people" but rather they are social constructs to which people join, so both these social constructs have "people" members in them. In which case the PTA also is "not people" just like the corporation.
How is a "social construct" not also "people"?
You go off the deep end when you insist that there's a difference such that
one of these is "people" and the other is "not people" -- How is that? What explains the "people" status of one but "not people" status of the other?
Explain how the PTA is "people" but the corporation is "not people." Both are the same in being an entity which has people members. Though they might be very different in the activities they do and maybe are subject to different rules or conditions, that doesn't change the fact that both of these entities -- PTA and corporation -- are equally "people" or "not people."
You must explain it if you're using this verbiage to distinguish someone as "not people" and thus having no 1st Amendment rights. How do you explain it? -- churches, PTA etc. are "people" but corporations are "not people":
Groups like churches or PTAs are protected [by the 1st Amendment because these are "people" groups, unlike corporations which are "not people"] because they represent the constitutional rights of their members acting in concert. [But by contrast] Corporations, in the Citizens United context, are not simply people associating; they are structured legal entities with economic privileges, and their political activity doesn’t necessarily reflect the will of their members.
"structured legal entities with economic privileges . . ." Is this really what defines "corporation"? Or is this a description of all corporations? which excludes them from the "people" category? No.
The Oxford Dictionary definition is:
"a company or group of people authorized to act as a single entity (legally a person) and recognized as such in law." https://www.google.com/search?q=def...OyBwowLjExLjYtMS4xuAfHHA&sclient=gws-wiz-serp
So Corporations are official entities authorized to act "as a single entity
(legally a person)" = "people" -- in contrast to the
NoHolyCows formula above which tries to brand them as "not people" -- But let's instead accommodate the emotional bias of the Left-wing crusaders and accept the propaganda version: they are "
structured legal entities with economic privileges, and their political activity doesn’t necessarily reflect the will of their members." -- those bad corporations! with their "privileges" and antidemocratic wickedness, as preached by
NoHolyCows.
So, assuming that's what they are, it still doesn't explain how the corporation is any less "people" than the PTA. Why can't a "structured legal entity with economic privileges" be "people"? Just because they are "structured legal entities" etc. does not make them "not people" -- they are just a different group of people than the PTA group, and maybe a different kind of group doing much different activity and subject to different conditions -- but
they are still "people" just as the PTA or church is "people" with 1st Amendment rights.
Just because these 2 different groups of people can be very different in the role they play in society -- or one can be more important or powerful than the other, or have an advantage -- does not change the fact that they are both equally "people" -- neither is any more "not people" than the other.
So if you're going to pronounce that corporations are "not people" (because they're a "social construct" etc.) why must you not also pronounce that the local church or PTA or sewing club also are "not people" because they are "social constructs" having a "not people" aspect to them? Don't they also
contain people in them but are not themselves "people" -- the noncorporate groups just as much as the corporate groups?
Girl Scouts/PTA/Little League/Neighborhood Watch = "not people"
Here's a scholar-pundit who says you're wrong to separate the corporations this way from the churches/PTA -- because the latter are also "not people" and have no 1st Amendment rights:
Apologetic: Governments can decide to impose rights and responsibilities on organizations/corporations.
But they ain't people. They are not automatically entitled to the same rights as a human just because a human joined. They cannot claim 1st amendment rights.
So
Apologetic includes the Girl Scouts and PTA etc. as "organizations" who ain't people and have no 1st Amendment rights. --
MICKEY MOUSE IS NOT A PERSON. Sunday 6:29 pm #37:
So the Girl Scouts has no rights? no right to free speech, to free assembly, to freely publish something?
They have always been people, just like the local PTA is people, and the Little League, and the Moose Lodge, and the local bingo game club.
And the KKK too?
No. those are organizations ["social constructs"] subject to a different set of laws [different than "people" groups] They contain people who can speak, publish, and assemble.
The organizations do not have 1st amendment rights. . . . I do not consider churches to be people.
Obviously the corporate-bashers don't have their act together about what "not people" means, because they can't say what is and is not in the "not people" category.
So before we can determine who is "not people" and who is "people" we have to decide which guru-pundit has the correct divinely-inspired vision --
NoHolyCows or
Apologetic -- as to whether the Girl Scouts/PTA/churches etc. also are "not people". If your explanation for what identifies corporations as "not people" is based only on your own private vision in contradiction to another pundit's vision, how is society supposed to judge that corporations are "not people"? -- how do you expect everyone to fall in line with your "not people" vision rather than a different pundit's vision? How do we know whether one or both of you is a phony? a fraud? a charlatan, pretending to dictate who is "people" and who is not?
Where does Established Law say a corporation is "not people"?
Why can't you ground your "not people" doctrine from some basis in law, in history or in previous court rulings, in something objective which doesn't rely on your personal authority to pronounce who is "not people"? You're not getting this doctrine from anything based in history or legal precedent but only from current political propaganda and politician speechmakers and your knee-jerk hate of corporations planted in you by your Left-wing guru (or your labor union speech-maker demagogue). It's only leftist hate of corporations which explains why corporations are "not people" -- you've cited nothing other than this.
The same deep emotional IMPULSE drives
NoHolyCows and
Apologetic to insist that "corporations are not people" -- and yet they can't get their act together to distinguish what is "people" from what is "not people" or what groups are "not people" vs. those which are "people." According to
NoHolyCows "not people" describes only corporations and does not include noncorporate organizations, while
Apologetic insists that the noncorporates (PTA, Girl Scouts) also are "not people" --- When your explanation thus necessarily contradicts itself, then it's not a real explanation at all but is only your obsession with this "not people" slogan spoon-fed to you by political propagandists and adopted by you as an outlet for your rage against corporations you need to lash out at, an out-of-control subconscious rage which cannot be contained but has to erupt in some form regardless what explanation you pretend to offer for it.
Origin of "not people" mantra
Outside of political propaganda sources, or Leftist politician-demagogues giving speeches, you cannot cite where this "not people" language comes from. The words "people" and "person" are in the Constitution and in other official legal language, but you can't cite the "not people" language anywhere in the law, other than this one case where this phrase is officially rejected by the Court as having no legal legitimacy. Nowhere can you cite a law or Court ruling which says some group is "not people" --- you are pulling this phrase out of your ass (or your political pundit's ass), not from anything you or your pundit learned in law school or in law books.
The above reasoning by
NoHolyCows and
Unapologetic is no different than that of 2 religious gurus who are each driven by "the Holy Spirit" and yet are contradicting each other, like 2 competing Popes who each excommunicate the other. One guru would prohibit the PTA from publishing something controversial because the PTA is "not people" while the other says only the corporation is "not people" but PTA is "people" and so is entitled to 1st Amendment rights. Why should our rights be based on what this guru pronounces as "people" or "not people" but who is contradicted by another guru who distinguishes the "people" groups differently? and neither can explain why his "people" vs. "not people" partitioning of society is the correct one?
How can our rights be restricted based upon this or that guru's revelation on who is "people" and who is "not people"? That someone, individual or group, is "not people" according to a certain guru cannot be the real reason for their rights to be curtailed. Rather, some individuals or groups traditionally have been restricted in their rights because of certain circumstances which apply to them and are spelled out in the Law --
in the Law, not private interpretation by this or that guru or political propaganda pundit.
E.g. according to the law an individual accused of a crime loses some liberty, being subject to detention, even though the Constitution guarantees to him the right to liberty ("life, liberty, property"). It isn't because he's "not people" that he's restricted, but because "people" can be restricted in their rights as a result of certain conditions in their case, conditions written into the law, maybe even conditions which are not that person's fault. The same is true of a group which has rights because it is "people" or "persons" who are protected by the Constitution. Whether to restrict a Constitutional right cannot be based on a doctrine separating "people" from "not people" according to someone's private gut-level interpretation and changing from one day to the next depending on which spirit-led guru is designating for that day who are the "people" groups and who are the "not people" groups (or maybe depending on what the guru ate for breakfast). Not even for mush-brain Progressives can this be how Constitutional rights are determined.
The Court rejects your spurious "not people" slogan.
If it's all in the arbitrary interpretation of the Supreme Court, which can designate who is "people" and who is "not people" -- well then, it's been decided: The Court decided that all groups are covered, including corporations, which are "people" for purposes of the 1st Amendment -- in accord with the genuine definition of "corporation" --
"a company or group of people authorized to act as a single entity (legally a person) and recognized as such in law." -- not the latest political propaganda slogans created for the mob -- That's what the Supreme Court decision was based upon. They rejected the doctrines which make any kind of group "not people" with no 1st Amendment rights.
---
BUT, what if this had been a LEFT-WING Court? -- rather than the current Right-wing Court with so many Trump and Bush appointees? Would a Left-wing Court have ruled instead that corporations are "not people"?
Not at all! A Left-wing Court would have ruled that the corporation Citizens United was required to meet the conditions imposed by the Federal Election Commission -- i.e., required
to meet conditions imposed by law, not by your partisan political agenda or by your Progressive Grand Guru Wizard and his private revelations -- and so that film might have been suppressed by a Left-wing Supreme Court, by restricting the company, ruling that the Commission's order against them did not violate their 1st Amendment rights. Even a Left-wing Court would never pronounce that the corporation is "not people" -- that kind of propaganda language is not proper for legal and court purposes. Its ruling would have been that this "people" corporation is subject to the regulations of the Election Commission, and that the regulation in question was legal, or not contrary to the 1st Amendment.
So your private interpretation based on your hate for corporations is no argument to overturn the Court's decision. You can't claim that the Holy Spirit which inspired you to hate corporations is somehow superior to the Supreme Court's Holy Spirit which inspired it to rule that all groups are "people."
If you want a person's or group's rights to be restricted, the justification for it has to be that there are
conditions which legally apply in that case (for that person or people group) where the rights are to be restricted. The reasoning is not that the person or group is "not people" -- no,
even people's rights can be restricted. Just saying "but I'm a person" doesn't mean your rights cannot ever be restricted. If you're "people" involved in some activity which is subject to those restrictions, then your rights might be curtailed. To argue that someone is "not people" or is "people" is irrelevant. The question is: do they meet the particular conditions which are treated differently by law so that the rights are curtailed in such a case?
To argue that someone is "not people" is never a legitimate reason to restrict their rights, or say they have no rights -- unless maybe they're non-human, an animal, or a tree. The argument always has to be whether there are the special conditions in this case for which there are exceptions,
exceptions stated in the law, allowing the rights to be restricted, not because someone is "not people" or similar rhetoric. Such special conditions may be the case for an individual "person" or for a group or corporation.
Spending on an independent political propaganda film
What if one individual is publishing the item in question but relies partly on help from a group, from the PTA or a church, or from a corporation. Does the help you get from a group or corporation turn the whole publication into a "not people" publication to be banned?
Or, what if instead of Citizens United Inc. it had been a wealthy individual tycoon who spent millions of dollars on a propaganda film, and this could have had an impact on an election. Why would that be any different than the Citizens United case? Since that wealthy tycoon is a "person" or is "people" with 1st Amendment rights, is he protected in producing the political propaganda film? Why? Why should such a film be banned if a corporation produced it but not if a private wealthy tycoon produced it? Unless the same free speech protection also applies to the corporation producing the film? Why shouldn't the corporation or the individual wealthy tycoon -- either one -- have the same freedom or non-freedom to promote such a film? Why shouldn't the rules be the same for either?
So it's irrelevant whether the entity spending the money is a "person" (or "people") or is a corporation. If that individual or that corporation does exactly the same thing -- producing a propaganda film, the same film causing the same social damage no matter who produces it -- isn't that damage or harm to society likely to be the same either way? So, why should one be subject to restriction of rights any more than the other? Why shouldn't the law which pertains to this apply equally to the individual "person" ("people") as to a group or a corporation doing it?
So it makes no sense to say this case should have been resolved on the question whether the plaintiff was "people" or "not people" or was a corporation or some other entity. It makes no difference what kind of entity it was. Whatever entity it might be, there are "people" connected to it in some way, wealthy people, and the Constitutional protection is extended to "people" without saying this means only to one person or excluding corporations. Rather, it includes groups of any kind. The ruling was not that there could be no law or enforcement curtailing free speech in some cases like this -- in some similar case there might be some such curtailment. The ruling was only that in this particular case free speech was infringed by the regulation, and the nutty "not people" objection was rebuked, because curtailment could not be based on a claim that the promoter of the film was "not people" -- that per se is no reason to curtail the free speech rights. So, if the producer's rights are to be curtailed, there must be a real reason, rather than someone's knee-jerk feeling that the producer/promoter is "not people."
The producers were "people" for purposes of free speech protection, according to the ruling. But if some case of a film production really does threaten damage to society, it might be curtailed so that the "people" producing it might be curtailed. So, being "people" doesn't give any absolute guarantee to unlimited free speech which can't possibly be curtailed in some hypothetical case. If there was damage done by Citizens United in producing the film, then that damage would be the same if a "people" group had produced it. So why make a fuss over the producer being "not people"? How does being "not people" make the production of that film any worse?
"But they're not people!" is just an outburst by political fanatics on a crusade. No one is making any sense out of it, other than just to use it as a rallying cry for a mob of fanatics promoting a Leftist anti-business agenda. The main point of the "not people" slogan is that it's an effective dog-whistle for rallying the mindless mob.