SPLIT PERSONALITYThe Fallacy of Corporate Personhood

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The First Amendment

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“Congress shall make

no law ...abridging  

the freedom of  speech,  

or of the  press;  

or the right of the people peaceably to assemble...”

The First Amendment

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4

Original Intent

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5Original Intent

The Framers would have taken “it as a given that corporations

could be comprehensively regulated in the service of

the public welfare.”- Justice Stevens

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6

“Modern Corporations ... would probably have

been favored by most of our enterprising founders...”

-Justice Scalia

Original IntentWednesday, October 26, 11

7

Original Public Meaning

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8

Original Public Meaning

“[Corporations] ...were legally privileged organization that had to be closely scrutinized by the

legislature because their purposes had to be made consistent with public welfare.”

- Justice StevensWednesday, October 26, 11

Legislative History ofCorporate Restrictions

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1907

1907

1947

2002

1972

Legislative History ofCorporate Restrictions

The 5 Key Acts

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1907

19101947

The Tillman Act

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1907

19101947

Federal Corrupt Practices Act

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1907

19101947

TheTaft-Hartly Act

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2002

1972

Federal Election Campaign Act

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1972

2002BipartisanCampaignReform Act

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16

Theories

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17

Autonomy v.

Public Debate

Theories

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18

Autonomy

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19

Public Debate

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20

Real Entityvs.

Artificial Entity

Theories

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21

Real Entity

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22

Artificial Entity

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23

Shareholder Protection&

Anti-Distortion

Theories

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24

Shareholder Protection

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25

Anti-Distortion

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SPLIT PERSONALITYThe Fallacy of Corporate Personhood

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Citizens United v. Fed. Election Commn., 130 S. Ct. 876 (2010)

Floyd Abrams, Protecting the Heart of the First Amendment, Defending Citizens United, 9 First Amend. L. Rev. 193 (2010)

Dale Rubin, Corporate Personhood: How the Courts Have Employed Bogus Jurisprudence to Grant Corporations Constitutional Rights Intended for Individuals, 28 Quinnipiac L. Rev. 523 (2010)

David Shelledy, Autonomy, Debate, and Corporate Speech, 18 Hastings Const. L.Q. 541 (1991)

Anne Tucker, Flawed Assumptions: A Corporate Law Analysis of Free Speech and Corporate Personhood in Citizens United, 61 Case W. Res. L. Rev. 497 (2010)

Bibliography

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www.flickr.com/photos/allensima/6033657657/www.flickr.com/photos/bensutherland/111965845/ www.flickr.com/photos/cclunie/5832128881/ www.flickr.com/photos/digitizedchaos/3861109576/www.flickr.com/photos/evertwh/3348440435/www.flickr.com/photos/grimages/2816577131/www.flickr.com/photos/imarcc/5574406567/www.flickr.com/photos/imarcc/5574406573/www.flickr.com/photos/jdhancock/4617759902/www.flickr.com/photos/mr_g_travels/1235089961/www.flickr.com/photos/pinkmoose/3576739539/www.flickr.com/photos/_tiffany/3257178250/www.flickr.com/photos/tom_ruaat/3608394553/

Images of Fight Club are property of Twentieth Century Fox Home Entertainment.

Photo Credits

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