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Campaign Finance and the Constitution

by: Bill Moyers Journal, t r u t h o u t | Programming Note

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Floyd Abrams believes corporations and unions have the same right to free speech as individuals. (Photo: David Shankbone)

    Airtime: Friday, September 4, 2009, at 9:00 PM (EST) on PBS (check local listings here).

    Next week, the Supreme Court reconvenes early for a special hearing on the constitutionality of campaign finance limits for corporations and unions. To hear the arguments, Bill Moyers sits down with Trevor Potter, president and general counsel of The Campaign Legal Center and a former chairman of the Federal Election Commission, and Floyd Abrams, a partner and member of the executive committee at Cahill, Gordon and Reindel. Potter has defended McCain-Feingold in the lower and Supreme Courts, and served as general counsel to Sen. John McCain's presidential campaigns in 2000 and 2008. Abrams is a liberal litigator, who has defended the First Amendment in several high profile cases, and contends that corporations and unions have the same right to free speech as individuals.

  

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But do they have the right

But do they have the right to overshadow the minority by bullying their way with monetary slips of print?

There is a simple reason why

There is a simple reason why corporations do not have a right to free speech. They are not real people. There has been an argument dating back to the 1800s that this made up thing is somehow equal to a person. But people own these corporations and dictate what they do. So a person who own or controls a corporation has their own speech rights and also the rights of corporation. If they have multiple corporations, they have multiple rights. So why does an owner of a corporation have more speech rights than you?

Could We, the People (the

Could We, the People (the Hu-man kind) of this planet sue the corporations about personhood in all possible courts on this planet starting in the International Court of Justice located in the Peace Palace in the HAGUE, Netherlands??? Anybody there in the HAGUE now???

What Supreme Court, and why?

What Supreme Court, and why? Is this the Supreme Court that granted Florida something like an hour and a half for a recount that might have made Al Gore president, thus effectively destroying the constitutional notion that voters are entitled to having their votes properly counted? Is that Supreme Court still operating? I stopped caring or paying attention after that decision. Anyway, I'm glad to see they're back and considering vital issues in what apparently still passes for a constitutional democracy. Peter Edler, member Swedish Writers Union, Stockholm

This is just a show! It is

This is just a show! It is a foregone conclusion how it will turn out. The corporations will win. They have the money and the power. They will get what they want, the power to control the media, set the agenda and control virtually every aspect of our lives.

The corporations must be

The corporations must be castrated. They have hijacked the 14th amendment, which was intended to protect the rights of real people, not "artificial persons". They have no business being involved in politics, other than to provide information. Since even a perfect court case challenging this perversion of the 14th amendment would be squashed by a 5/4 court, a new constitutional amendment is needed that clearly defines and limits corporate free speech, including prohibitions on campaign contributions and other political expenditures. They could still send reports to congress, and congress can always subpoena corporate officers when they need information from them for making regulations. Of course, the bi-corporate congress would never support such an amendment. That would leave the only option as an Article V convention, still a very difficult way to amend the constitution. It has never been done before. Meanwhile, campaign finance reform may be the best that we can get. Corporate "free speech" would still be a right, and corporate propaganda in the media would not be affected. That's why I think that this right, itself, must be destroyed if the nation is not to further devolve into economic fascism.

If corporations have the

If corporations have the same rights as people then they should also be expected to live up the same code of conduct as people. The current structure gives companies all the rights without the social responsibilities, this creates the sociopathic behavior we see today. When a person falls out of line, we go to jail, companies might pay a fine, that's it. There charter should be revoked and corporate heads should go to jail!

Corporations are not

Corporations are not citizens. Corporations can't vote in elections. They can't collect Social Security when they reach 65, nor can they enroll in Medicare. What kind of "person" does all that describe? Resident aliens. It's proper that the influence of resident aliens on our elections be limited by law.