Why shouldn't a corporation have the right of Free Speech and Press?

0 votes

"I am a capitalist. I believe in capitalism. I do not want to tell the corporations what to do at all as long as they do not commit fraud and live up to their promises..." - Ron Paul, U.S. House of Representatives,May 1, 2002

I see several people argue on here that a corporation shouldn't have the same rights as a single person (that which is referred to as "corporate personhood"). Why not?

For example, why should the government be able to control the news if the business presenting the news is a corporation? Don't you anti-corporate personhood people realize that if a corporations is not allowed First Amendment rights that all the major media would be government run with all sorts of regulations such as the Fairness Doctrine? Only the smaller media that doesn't reach as many people would have the right of free press. Or is that what you want, a government-run major media? If the owner of this website decides to sell shares to raise funds to expand, do you really think the owners should no longer be allowed the right of Free Press?

It only makes sense that if a single individual has Constitutional rights that a group of individuals assembled together would have no less rights. Just because people organize together by pooling their resources (which is all a corporation is) they shouldn't lose their rights. A group of people should be treated the same as a single person if they've agreed among each other to act as one.

And I see some here argue that a corporation shouldn't be allowed to continue indefinitely? Non-corporations are allowed to continue indefinitely. You simply just sell the business. Corporations are no different in that you sell the business in piecemeal through shares. So this antipathy to indefinitely continuing corporations just doesn't make sense, unless from some sort of socialist standpoint.

Be careful what you ask for. If Corporations are not allowed Constitutional rights that protect individuals from government control then you'll see authentic and thorough socialism or fascism as all corporaitons will be controlled by the government and there will be nothing anyone can do about it. Please don't let these leftist/socialist anti-corporation ideas infiltrate the true free-market capitalist movement. Because if you're against corporation freedom, then you're actually a socialist. EITHER YOU BELIEVE IN FREE MARKET CAPITALISM AS DR. PAUL DOES WHERE CORPORATIONS HAVE THE RIGHT OF FREEDOM FROM GOVERNMENT CONTROL, OR YOU BELIEVE THAT GOVERNMENT SHOULD BE ALLOWED TO FORCIBLY CONTROL/REGULATE CORPORATIONS, SUCH AS FOR "THE PUBLIC GOOD," aka SOCIALISM. Which is it?

Don't conflate the philosophy of the socialist Dennis Kucinich with that of the capitalist Ron Paul. Ron Paul has never spoke against corporate personhood. He's never said he's for allowing government to regulate corporations. He has expressed admiration for some corporations, such as Microsoft. What he's against is corporation and government collusion, not against corporations per se or corporate personhood. If you want to see real corporatism where government and big business will be indistinguishable, then eliminate corporate personhood (the right of corporations to be free from government control).

If corporations are not allowed First Amendment protection of speech and press, then that means government is allowed to control the content of all our major television and newspaper news. It also opens the door for Net Neutrality regulation. Maybe this kind of thing is what some of you want. I don't know. It's certainly what socialists want.

(Related Reading, Murray Rothbard on corporations and limited liability: http://www.lewrockwell.com/north/north408.html)

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Wasn't someone here saying the press wasn't controlled?

Wasn't there someone here saying that the press wasn't controlled by government because of corporate personhood?

I wonder how that someone would explain the goings on with the white house and fox news? After all, if the government doesn't control the press, than fox news and all the rest of the news media must be lying about the white house booting fox from the press corps.

While I think that for the most part fox news sucks, booting their reporter or any other from the press corps only proves just how much government controls the mainstream media and pisses all over the rights of individuals daily. Anybody and everybody, not simply government recognized 'reporters', are the press. Anybody and everybody who wishes to be in the press corps should be able to attend any government press conference without permission from anybody. If you need permission to do something you're not enjoying a right. You're being granted permission, making that action a privilege.

It's right in front of you people, every day. Do you see it? Do you see how the system can not work? Do you see why it works exactly the way it does yet? Wake up.

There used to be a troll

There used to be a troll here that used to post every day about how we have a free market in the media and Ron Paul wasnt discriminated against by the media during the campaign.

Not only are government privileges ways for the gov. to influence the media, but also the fact that the government is SO huge and therefore such a news maker that the media companies NEED to pander to them to some degree.

I am not sure what to think about the news that Faux was literally reading scripts from the White House virtually verbatim. That is just unconscionable.

Ventura 2012

I'm sure that those fox reporters weren't alone...

....in reading from the govt. script.

I don't want society to fall apart.On the contrary, I want to see people allowed to interact freely as they wish. I just want to see people realize that government is unnecessary. The is no such thing as necessary evil.

Group Rights

So if the feds ban the meet-up groups from assembling that wouldn't hurt the individuals right to assemble???. "corporations don't exit" exactly they are a legal fiction to deal with a group of real people and these people have every right to pool their money and voices to have a greater impact.
Please note I do not defend "Limited Liability" or any other similar problems with the way corps are treated but that is a case of them having more rights than me

In response to your "related

In response to your "related reading":

The part near the end was interesting, when he goes into the economic ramifications of ending limited liability. Of course, I cant help but notice how North is adopting the same tactics that the Fed and pro-government advocates have always used to justify their crimes. "If we get rid of it, X disaster will happen".

I think that there is a very close tie between this issue and the issue of the legality of fractional reserve banking. North takes a contradictory position, as he is against fractional reserve banking even if it is "contractual", but for limited liability for corporations because it is "contractual". Either EVERYTHING is allowed under contract, or not, in which case you can no longer use the "voluntary" argument.

Ventura 2012

Corporations Don't Exist

They shouldnt get the same rights or even more rights in some cases than a living breathing human being. You keep saying corporations should be protected like human beings from government when in reality I dont see much of a difference between a corporation and a government. Both are greedy entities created to gain as much power and wealth at the expense of others. Both entities provide "services" for this wealth and power but neither deserve rights. In fact living breathing humans should be protected from both of these entities and only humans have rights not non living entities. Part of the reason our country is screwed is because these entities are colluding together to rob the masses. There was one time when both entities were held in check. Not anymore.

Corporations were a factor where the Constitution was written.

People are what matter.

People need rights, corporations need to SERVE people.

.

Debra Medina for Texas Governor 2010!

Rand Paul for US Senate in Kentucky!

Ron Paul 2012, Join or Die!

DONT TREAD ON ME

AN APPEAL TO HEAVEN - WASHINGTON'S CRUISERS

Ron Paul / Rand Paul ...The Taxpayers' Best Friends!
RESTORE AMERICA NOW

AN APPEAL TO HEAVEN - Washington's Cruisers
http://www3.villanova.edu/centennial/js1g.htm

Leave Us Alone and Bring the Troops Home

Are you aware that that's socialist philosophy?

The amount of socialism on I come across on this site is amazing.

A capitalist doesn't believe corporations have an obligation to serve the people. Socialists do. Capitalists believe corporations' only obligation is to make as much profit as possible for the shareholders without initiating force or fraud.

Ron Paul would not agree with your position.

Just curious, did you come to Ron Paul from the left? It's a serious question. I'm trying to figure out why there's so much ideology that conflicts with Ron Paul on a Ron Paul site.

Am I correct to assume that you would support the Fairness Doctrine, to prevent Fox, CNN, etc, from being biased?

Attributing individual 'rights' to groups is socialist

And you're the one advocating for granting the 'rights' of an individual to a group here. Individual rights = liberty, group 'rights' = socialism. You're the socialist cheerleader here.

You're not smart enough to manipulate all of the people here bub. Not from what I've seen. You can try to spin words, but the more you do the more you show your position to be what it really is; weak. And each time you simply avoid the points that disprove your mistaken ideas all you do is illustrate that your argument holds no water.

If the individual is supposed to be protected

from government, then so is a group of individuals. It's self evident. Why should one individual holding a sign at a rally be protected from government, but not three individuals (a group) holding a banner that they purchased in equal shares? You're saying it's socialist to protect the sign from being taken away from them, by government, because it's owned by a group. That's ridiculous.

Learn what socialism is. It's social/state control over the means of production.

That's not at all what I said

Above you say "Why should one individual holding a sign at a rally be protected from government, but not three individuals (a group) holding a banner that they purchased in equal shares? You're saying it's socialist to protect the sign from being taken away from them, by government, because it's owned by a group."

Again you attempt to spin what I said to suit your purposes. If those 3 people own the sign together, the sign doesn't own itself. The people who own the sign have rights, the sign itself does not. Granting the sign legal 'rights' is idiotic, and very socialist.

Why don't you learn to read?

No it is not self evident that groups should be protected.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,

I don't see anything there about groups of people do you?

I specifically see that the "men" and not "persons" was used. I doubt seriously you could show one shred of proof that Jefferson intended artificial juristic persons to be included in this protection.

Groups are not protected, or they shouldn't be; not at least as distinct from the individuals that make them up. THAT would be socialism. You would be protecting a collective.

Three individuals WOULD be protected because each of those individuals has the right to hold the banner and they have the right to own any portion of it they agree to. But they have this right because they are individuals not because they form a group. The group is not here considered an independent entity embued with its own rights. And that is what you are arguing for.

The only way the state can gain control over the means of production is via corporations. They have no way to do so outside of this mechanism.

In fact, it could easily be argued, that as creatures of the state, a corporation is ipso facto, the state itself and thus the state already controls those means where they have created corporations. The fact that individuals still own those means and can profit from them is only evidence that you are in some stage of fascism rather than full communism.

You still have not explained how you are not arguing to defend the collective against the individual and refusing to acknowledge the individual rights of the members of the group.

one issue at a time

There are many problems with our current corp/gov setup, but the fact is that corps are groups of people (their employees/stockholders).
And I see no reason that big brother should be allowed to censor groups of people.

They aren't and they won't.

Getting rid of corporate person hood does not allow the government to censor anyone. The individuals in the group still retain their right of free speech and press and Congress still can pass no law abridging that.

Please read the plethora of comments below to get a full picture of what is being discussed.

Have you not seen this post:

Corporate Personhood to be Challenged in Supreme Court http://www.dailypaul.com/node/104458

The purpose of the challenge is to prevent Constitutional rights granted to individuals from being applied to corporations as well so that their speech can be regulated by the government. If corporations are no longer seen as persons, then they no longer would have the rights afforded to individuals. In that case, government could make a law, for example, banning all criticism of Obama by Fox.

No I did not, thanks.

And my reply to your similar point below applies here as well.

I think we are generally on the same side here, but you do not understand what corporations are treated as under current law.

UPDATE: I've read that thread and made some replies there.

Perhaps yes, if the decision happens as you fear (which I think it won't) that FOX News could now be prevented from saying something negative against Obama. (that does not comport with the limited facts of the case, but let's take this wild ride just for the sake of argument)

This decision however would NOT prevent Hannity, O'Reilly, Napolitano, et al. from saying things on FOX News that are negative about Obama. Why? Because they still retain their individual right to do so. And Rupert Murdoch and his fellow shareholders still retain their right to use their property to facilitate Hannity, O'Reilly and Napolitano. The only thing that might effectively change, is not the content of the speech but who could be held responsible for it if they cause damages with it. The speech would not and could not be censored. If Hannity & Murdoch et al. decide not to speak against Obama because of fear they might cause someone harm that they could be brought to trial over, that is their own problem. They need to be more careful about what they say, or don't say it. But if their speech is not harmful, they should exercise their individual right and there is nothing the government can do to stop them.

Please explain to me how the government gains power to prevent any anchor, reporter, or writer from speaking or publishing, in their individual capacities and how the government gains power to prohibit people from pooling resources in their individual capacities to give a larger audience to these speakers and publishers.

Thank you.

Many here don't recognize that if individuals have a the right to be left alone by the government, then groups of individuals have the same right to be left alone because groups are made of individuals after all.

Wrong again

Just because individuals have 'rights' does not mean that groups have 'rights'.

Individuals have 'rights', groups do not.

The groups won't be bothered, and more importantly

the individuals in the group won't be bothered.

Why, oh why, are you refusing to answer the question: "how is it that individuals acting in a group somehow lose rights or are somehow now able to be controlled by government?"

Answer - THEY CAN'T. Not any more than as individuals.

You are beyond stuck on stupid on this one.

You are trying to put groups aka "collectives" on the same level as individuals and even embue them with personalty. THAT IS SOCIALISM.

I agree that they can't NOW.

I'm arguing against those on this site that WANT corporations to NOT have Free Speech rights, and other rights that are granted to individuals by the Constitution.

Even if corporations are denied free speech rights, the

individuals still retain those rights. They do not lose them. That is what this case is all about.

If the court comes down on the side of denying individuals their rights merely because they are acting within the context of a legal entity such as a corporation, and that their speech is not really their speech, but that of the corporation, then this is not a bad thing. It will merely precipitate the ending of corporate person hood all together and that is a good thing as we've discussed on this thread and others.

While I would disagree with the court and believe that by operating in a corporation you don't lose your individual rights, if the court decided as such, it sure would make people take a long hard look at whether or not to incorporate.

I agree, that as long as they exist, corporations SHOULD be heavily regulated, as much as possible. They are creatures of the state, and they enjoy special privileges that the rest of us cannot enjoy. (nor should anyone) No one should be allowed to enjoy freedom from responsibility for their actions, especially merely because they have formed or invest in, a corporation.

Corporations are not free market entities as I have explained elsewhere in this thread, and so they should be eliminated. Short of that, it should be very disadvantageous to operate them. This would allow business to thrive and we could have a real shot at staving off statism. Corporations are socialist creatures, they are holdovers from mercantilism. Why would you want to preserve that?

But if you really are a socialist as you seem to be and want imaginary constructs to have rights instead of relying on the individual rights of Men, then I think you will be happy with the likely result out of the court. I suspect they will decide that Corporations are protected by the Bill of Rights via the 14th amendment and thus they will retain their rights as fictional entities to free speech and there will be no threat from government.

So then where does the liability go?

I'm no an expert here so I'll play dumb. Under what conditions does a corporation not have free speech and freedom of the press as compared to an individual(don't knock yourself out, a quick summation will do)?

Corporations are a creation of the state as they are required to incorporate and request permission from the state to operate in the states jurisdiction. They are granted permission by the state to operate and are regulated by the legislative dictates of the state legislature. There are certain privileges that go a long with this permission to operate in the states jurisdiction, such as taxing, zoning, corporate liability protections, and so on.

In my opinion we all ready have Fascism with the current regulatory scheme. What I see is that the Government has all ready Incorporated itself and is working hand in hand in a fascist manner with Domestic and Foreign Corps to the detriment of the Sovereign union state citizen.

Fascism is not an all or nothing form of gov, there are different degree's of it and we have some degree of it.

When they make a corporation an individual in statutory terms they(govt. agencies) use it to misconstrue the tax code and other regulations, and try to make it sound like it applies to a real flesh and blood individual that is therefore made to be liable for something when in fact they are talking about and referring to a corporate entity. They play that to the hilt and it adds to the confusion of the general public, which is typically asleep at the switch anyways. That is why we have this abomination of a Tax code, and people paying taxes that they don't even owe to the Federal Govt..

If a company incorporates these days they will certainly entertain limited liability, and then where does their liability go, I don't know? When they have less liability they become more reckless and less responsible.

Where's Bernie?

Ask the ex-chairman of Bernard L. Madoff Investment Securities LLC where the liability goes. Or ask his wife where their house went.

The limited liability comes through contract. When a party breaks the contract, the limited liability can go *poof*.

You cannot contract away your liability for damages.

The law does not recognize that. Such a contract would be unenforceable.

Madoff lost his shirt because his business was itself fraudulent. There are instances of piercing the corporate veil. If J.P. Morgan is found to be operating a similar scheme for example like Madoff, then someone at JPM will likely be put on trial and go to jail if convicted. The company will pay a fine, as well as restitution. But JPM will continue on, and most likely has other illegal or harmful activities going on and will not have to account in any serious manner for them unless and until they rise to the same level as this.

*Most importantly, Madoff was able to be brought to trial because of certain laws written to re-assign responsibility that was removed by the act of incorporating. (as would JPM personnel in my fictional example) No such laws are necessary to convict you or me doing the same thing because the common law already recognizes fraud and we would not be immune to prosecution for it.

Corporations are not creations of the state.

You're concluding from the fact that the state requires them get permission from the state to exist that the state created them. That's incorrect. Businesspeople created them. If they weren't required to get permission they would probably just be more abundant.

Limited liability applies to the investors. Grandma won't lose her home and be thrown out in the street if she buys some stock and the CEO happens to do something illegal later. It makes sense that a person wouldn't be personally punished for something they didn't consent to happening anyway. But limited liability would still exist without any government regulations, because it would be in all the contracts. If you do business with the company they you agree to not hold the investors liable for more than their investment in the company. No one is forced to do business with a limited liability company.

No, no, and no again.

You cannot via a contract with investors, self-declare that you are immune from harm which comes from your actions in business to other parties. (like customers, or employees)

The limited liability that is bestowed by government to corporations is not limited to investors. It includes all liability and requires special laws to re-assign that liability to certain actors in the corporation for certain crimes. The owners are not responsible for those actions, as they would be with a business that is not incorporated. We are not talking about liability for losses to investors, we are talking about civil and criminal liability for damages caused by the actions of the company which are taken on behalf of the owners in order to make them profits.

Why do you guys keep ignoring this? You are stuck on liability TO investors rather than the real problem which is liability OF the investors.

No it doesn't

apply to "all liability." If someone in a corporation is convicted of a crime, he goes to jail. There is no immunity from that. Limited liability refers to how much money someone can obtain from investors in the company. It's limited to their investment.

You are right. Someone IN the corporation but not the owners

and not the corporation itself. The owners DO have that immunity except in certain circumstances. A non-incorporated owner HAS NO such immunity. You keep ignoring that. This is after all, the whole reason for incorporating.

And you are also ignoring that special laws had to be written to assign responsibility to that particular employee. That responsibility wouldn't otherwise exist because the corporate charter removes it.

Without a corporate charter, there is no need for special law assigning liability. The common law will assign responsibility to whomever was found in court to be guilty or culpable of the act. What pretext, such as in the conduct of business the act was committed in, is generally irrelevant.

But with a corporate charter, there is no one to hold accountable. It is presumed under the law that the corporation itself is a distinct person and it is this fictional person that committed the act. But you can't put a fictional entity in jail. So special law had to be written to assign someone to go to jail on behalf of the corporation in certain cases. Without this law, there is no liability on the part of the entity known as the corporation at all outside of what it has contracted with to its creditors. The owners have no liability for the actions of the corporation because they are not considered to be the ones committing the act, the fictional entity is.

If you can't understand this, then quite frankly you need to do some homework in studying the law.

Nasty laws

There is no doubt that State over-regulation of corporations suppresses their creation. A few years ago, a corporation called Enron committed a lot of fraud. All of the top officers of the company were convicted to prison terms. The CEO got 24 years.

♫ He's in the jail house now. ♫

Despite that, the congress passed onerous legislation called Sorbanes-Oxley that placed great burdens on public US corporations. Since then, the number of initial public offerings in the US has dwindled to a small fraction of what it was. Companies that wish to go public frequently choose to incorporate in a freer country than the US.

Precisely, thanks for proving my point.

Regulations are enacted precisely as a preventative means to avoid having to deal with assignment of responsibility for crimes.

Was there sufficient law to handle the assignment? Yes. Did any investors fear prosecution? No. If this were done by a non-incorporated entity, the investors (owners) would have been just as much in the hot seat as the bigwigs at Enron. Enron happened precisely because it was incorporated. If no special immunity had been granted to the investors then this would not have happened, or else they would be in jail also. (the whole thing was nothing but a money shell game, so to argue that Enron's investors shouldn't have been put in the big house here is nonsense, their profits were directly earned from manipulations and shuffling of their investments, not out of any actual business productivity or provision of services)