even without the corporations
there can never be "fair" elections
(where all would-be candidates have
equal $$$$$$)
(continued from previous Wall of Text)
so we need censorship? suppress free speech?
The people within the corporation already have First Amendment rights — they can donate, speak, protest, and publish. The controversy in Citizens United is about granting that power to the corporation itself, . . .
But this is a group that existed
even before it became incorporated. At the moment of incorporation it already had an earlier certain membership and assets or property and had many relationships within the society, and also rights. The moment of incorporation did not change that. It's still the same group with the
same rights after incorporation which it had before. What right before does it LOSE? Name one right which the group had before incorporating which it loses (or should lose) as a result of becoming a corporation?
And, does the group take on some NEW power it didn't have before? by incorporating? Presumably it acquires some new benefits and new responsibilities -- just as an individual gaining a driver's license -- but nothing happens which changes it into "not people" who give up any basic rights. OK -- there are some requirements imposed onto the corporation, about keeping records, reporting income or activities, but nothing about giving up any basic rights. Why should their/its basic rights be any different than before?
If this group was a for-profit business prior to incorporating, what has now changed so that the business loses any of the rights it had before? like free speech? or freedom of press or assembly? Just because it incorporated doesn't necessarily change its profit-seeking aspect, or its method of production or distribution. Maybe something changes, or maybe not -- presumably the new status helps it perform better, maybe increase its profits -- but how is that anything other than just to increase or improve what it was already doing anyway? How does any of that mean that now it loses its 1st Amendment rights? Or that it suddenly becomes "not people"?
"
granting that power to the corporation itself"?
What power? power to have free speech? like everyone has?
power to publish political propaganda?
Any "power" the corporation gains because of Citizens United is nothing new. Corporations had always had the right to publish political propaganda without limit. That's not any new right to corporations granted by this Court case. The Citizens United decision was only to restore the original 1st Amendment protection to all, including to corporations. The decision was: Yes, the group/corporation has the same right to donate, to speak, protest, and publish, just as the individual members or officers or shareholders have the right to do it. BUT, there are limits on how much the company can donate to a political candidate -- those limits were still upheld by the 2010 Court -- no change -- and such limits have always pertained to individual donors too, not just to corporations.
So again, what's the difference between the individual and the corporation such that one has 1st Amendment rights and the other does not? or Noncorporate groups vs. corporations such that the noncorporation has rights which the corporation does not (or should not) have?
And "granting that power" to corporations is no big deal. ANYONE has the right to do the same, any individual or group has always had the right to publish political propaganda without limit -- the only need for the Citizens United ruling was to simply restore this 1st Amendment free-speech right which everyone including corporations always had going back to the nation's Founding. So this decision was not any special new privilege to corporations, but just a restoration of the original 1st Amendment protection, which was taken away by the aggressive campaign reform law of 2002.
The real controversy in Citizens United is about imposing a
special censorship on corporations only -- this is the innovation of the McCain-Feingold reform bill. Never before in U.S. history were corporations (or anyone) singled out for such prohibition/censorship as this new 2002 law placing censorship onto corporations which previously, back to the nation's Founding, had the freedom to publish political propaganda without limit -- the same as all other groups and all individuals had such a right, guaranteed by the 1st Amendment. Before 2002 the only form of special censorship restrictions on corporations was that of the campaign reform laws which were struck down by the Supreme Court in 1976 and 78. (It was mainly the limits on donations to candidates which were upheld.)
solution: form your own corporation
But further, even if one imagines corporations are granted special privileges, whatever they might be, there's no exclusive privilege, because anyone is free to form a corporation if they think that arrangement is more beneficial than doing their business individually or as a noncorporate group. There's no imbalance or unfair advantage to anyone by letting corporations have the same 1st Amendment rights that the individual members have. If incorporating offers a benefit, it's there for everyone to take advantage of. The freedom to incorporate is extended to absolutely everyone, so with no one excluded from "the club" there obviously cannot be any privilege to certain ones given preference over someone else.
It's paranoid to say such a group has an unfair advantage over some other group that's not a corporation, because that other group is perfectly free to incorporate and acquire the same advantages, whatever they may be. What's permitted for everyone to do cannot be called an unfair advantage.
E.g., if you want to have a
limited liability advantage, you can form a corporation yourself, and bingo! now you've got limited liability. Just keep your personal assets separate, and then use corporate funds to finance your slander against someone you hate. They can sue the corporation, but not you and your personal assets. So this is no special privilege to some which is denied to others. No one is excluded from forming a corporation in order to gain limited liability.
. . . about granting that power to the corporation itself, which can spend unlimited money on political influence, even . . .
You mean the same power NONcorporations and individuals already have? Why not? What's fair for an individual to do is just as fair for the GROUP or the CORPORATION to do which that individual is a member of, as long as ALL corporations/groups can do the same, being under the same rules. Whatever advantage is gained by means of the corporation status, it's totally accessible and available to anyone, no matter who. Even a foreigner may create a U.S. corporation. You're not answering why you can't just form your own corporation and do the same thing that corporation you're complaining about is doing -- as a corporation it has no unfair advantage over you, since your group is just as free to incorporate and do the same things that corporation is doing.
An individual billionaire or millionaire is free to spend his own money without limits (on himself as a candidate, or also on any political cause he wants to promote). You've not said why this is somehow "fair" and yet it's "unfair" for the billionaire or megacorp to outspend a Hillary or other millionaire candidate. To be consistent you must also demand that millionaires have severe spending limits imposed onto them by the election laws, to make them equal to all the lower-down ordinary-folk candidates who have much fewer resources.
All the winning candidates were supported financially by millionaires, and they could not have won (or even gained ballot status) without having millions of $$$ to spend, which most of their opponents could not afford to do. What reforms are you crusading for which will put the lower-down middle-class workers and small businesspersons on an equal footing with the millionaires you always vote for, with all their funding from their millionaire supporters?
How can you preach that it's unfair for a corporate group to spend beyond some limit but that it's fair for a billionaire or millionaire individual candidate to spend his own assets without limit? Or, even if they're spending money from donors who were persuaded by their charisma or pretty face on a TV show, how is that "fair" to the thousands of normal plain-faced candidates who are rejected out-of-hand because of their boring personality? Obviously such unfairness is extremely common, as hundreds or thousands of candidates have been millionaires who bought votes with their huge resources which the other candidates did not have, and of course also with their attractive personality resources, which they will put to future profit as needed to advance their rise to higher power and status.
Again, there's nothing wrong with exerting influence on people/voters with propaganda to change their minds. Just as the billionaire can spend money on a private jet or a mansion, etc., s/he can also spend it on electioneering. You can't say why there's anything wrong with it, whether it's a billionaire or a group (corporation) collecting the unlimited funds from donors who agree with the corporation's crusade. Or also simply from the corporation's profits. There are some rules about how this is permitted, but the Court has made it legal, and it was never illegal before Citizens United, except after the 2002 reform law -- so for 6 years such spending from the company's profits might have been illegal. But it was ruled legal in all the previous Supreme Court cases, and then again in 2010.
What was illegal was to give unlimited donations to a candidate's campaign.
Why shouldn't it be legal for ANYONE to spend without limit on any political cause they choose, including to promote or condemn any candidate they like or dislike? i.e., ANY group or individual -- why single out any category of people or groups for special exclusion? other than just hate? And you can't give any reason. You're just preaching your own personal anticorporation hate when you whine that it's unfair.
A poor person could just as easily whine that it's unfair for Bernie Sanders and Hillary Clinton and other millionaires to buy their way into political office. Because these and other millionaire candidates outspend thousands/millions of poor people who would like to replace them and do a better job running the country, believing themselves to be just as competent as Bernie or Hillary and all the other millionaire candidates who buy their way into political office and exploit the free publicity and promotion in the media due to their bought-and-paid-for celebrity status.
It's not any more unfair for the billionaires and corporations to buy votes, by paying a higher price than the millionaires below them can pay, than it is for millionaires Bernie Sanders and Elizabeth Warren etc. to likewise buy votes at a higher price than the lower-down middle-class workers or small businesspersons can pay. Whoever has more money than someone else has an unfair advantage. All the candidates who have a chance, including every candidate you ever voted for, would never have acquired ballot status had they not greatly outspent their opponents far beyond a point which the lesser candidates could ever afford to pay.
You're pretending your goal is a "FAIR" system, but the system you promote is just as "UNFAIR" as the system you're condemning. You're satisfied as long as your vote-buying candidate or party wins, and beyond that you and your party don't give a fart how "fair" the system is.
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