ATP: PAID, Lecture 8: Imposing personalities Tom Farsides (SOC) Imposing personalities.
Split personalities
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SPLIT PERSONALITY The Fallacy of Corporate Personhood Wednesday, October 26, 11
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Used and Designed for Theories of Constitutional Interpretation
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SPLIT PERSONALITYThe Fallacy of Corporate Personhood
Wednesday, October 26, 11
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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“Modern Corporations ... would probably have
been favored by most of our enterprising founders...”
-Justice Scalia
Original IntentWednesday, October 26, 11
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Original Public Meaning
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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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Theories
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Autonomy v.
Public Debate
Theories
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Autonomy
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Public Debate
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Real Entityvs.
Artificial Entity
Theories
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Real Entity
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Artificial Entity
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Shareholder Protection&
Anti-Distortion
Theories
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Shareholder Protection
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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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