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Coming Soon to a Democracy Near You ...

by: Michael Winship, t r u t h o u t | Perspective

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Then-Senator Clinton speaking to the Newspaper Association of America in April 2008. (Photo: Getty Images)

The envelope, please. And the winner for "most influential motion picture in American politics" is ... "Hillary: The Movie."

    Never heard of it? Not surprising - very few people saw it in the first place. But "Hillary: The Movie" - a no-holds-barred attack on the life and career of Hillary Clinton intended for viewing during her presidential campaign - could prove to have an impact on the political scene greater than even its producers could have dreamed.

    In the world of money and politics, "Hillary: The Movie" may turn out to be the sleeper hit of the year, a boffo blockbuster. Depending on the outcome of a special Supreme Court hearing on September 9, this little piece of propaganda could unleash a new torrent of cash flooding into campaigns from big business, unions and other special interests. "Hillary: The Movie" may turn out to be "Frankenstein: The Monster."

    The film was created by a conservative group called Citizens United. They wanted to distribute the film via on-demand TV and buy commercials to promote those telecasts, but because the film was partially financed by corporate sponsors, the Federal Election Commission said no, that it was a violation of the 2002 Bipartisan Campaign Reform Act - McCain-Feingold - which restricts the use of corporate money directly for or against candidates.

    Citizens United appealed their case all the way to the Supreme Court, where it was first heard back in March. But the court did a usual thing. They asked for more time and ordered a new hearing and new arguments, almost a month ahead of the first Monday in October that usually marks the official start of the court's annual sessions.

    The reason for the special hearing is to more broadly consider the constitutionality of McCain-Feingold, and campaign finance reform in general; whether it denies a corporation the First Amendment right of free speech.

    Those who believe that a corporation is being deprived of a fundamental right feel it should be treated no differently than any individual citizen. Those opposed believe that corporations do not hold the same rights as citizens and that their deep pockets - via political action committees (PACs) and other avenues of participation - already give them clout and influence dangerous to the health of a democracy.

    All of this comes, as The New York Times reported, "At a crucial historical moment, as corporations today almost certainly have more to gain or fear from government action than at any time since the New Deal."

    More than fifty friend of the court (amicus) briefs have been filed, an unprecedented number for a First Amendment case. The legal wrangling has made for some strange pairings. "The American Civil Liberties Union and its usual allies are on opposite sides," The Times noted, "with the civil rights group fighting shoulder-to-shoulder with the National Rifle Association" in support of "Hillary: The Movie's" corporate sponsors.

    "Most of the rest of the liberal establishment is on the other side, saying that allowing corporate money to flood the airwaves would pollute and corrupt political discourse."

    One of those who will argue on September 9 for overturning the McCain-Feingold limitations is the redoubtable Floyd Abrams, the ardent and vocal defender of free speech who has argued many landmark First Amendment cases before the Supreme Court. On the other side is Trevor Potter, founding president of the non-partisan Campaign Legal Center and a former chairman of the Federal Election Commission. General Counsel to John McCain during his presidential campaigns in 2000 and 2008, Potter was involved in the drafting of McCain-Feingold and has filed one of the amicus briefs in its defense.

    Both appear on the current edition of public television's Bill Moyers Journal, interviewed by my colleague Bill Moyers. "The question here is to what extent, if at all, can unions and corporations spend their money to put ads on or to speak out themselves in their own name about political matters, including even who to vote for," Abrams said.

    "I don't think that we should make a distinction on First Amendment grounds in terms of who's speaking. I think that whether the speaker is an individual or an issue group or a union or a corporation, if anything, the public is served, not disserved, by having more speech."

    Trevor Potter disagreed. "Corporations exist for economic purposes, commercial purposes," he said. "And the notion that they have full First Amendment free speech rights, as well doesn't make any sense for this artificial creation that exists for economic, not political purposes ...

    "Corporations just want to make money. So, if you let the corporation with a privileged economic legal position loose in the political sphere when we're deciding who to elect, I think you are giving them an enormous advantage over individuals and not a healthy one for our democracy."

    The Supreme Court could rule just on Citizen United's "Hillary: The Movie" case, but the call for the special session and the current composition of the court would seem to indicate that the decision might completely overthrow McCain-Feingold.

    Three thousand corporate PAC's registered with the Federal Election Commission in 2007 and 2008 spent more than $500 million for political purposes. And we've seen the hundreds of millions big business already has spent to battle the Obama administration's domestic agenda. A 5-4 decision in favor of corporate interests could mean much, much more money from multinational corporations overwhelming our electoral process.

    Think of the September 9 hearing as a sneak preview of coming attractions.

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Michael Winship is senior writer of the weekly public affairs program Bill Moyers Journal, which airs Friday nights on PBS. Check local airtimes or comment at The Moyers Blog at www.pbs.org/moyers.

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A competing movie is now

A competing movie is now being produced, right? Probably it will tread new ground, with the result that Hillary will be the talk of the planet no matter how the lawsuit comes out. Meanwhile the real problem with corrupt group influence, no matter what the corrupt group chooses to call itself for pr purposes, is the bribe-to-subsidy ratio with government. Even if you try to outlaw bribes, there are other ways to influence, namely threats, which are arguably worse than bribes. If you look at a congressperson as a guy at a spigot, Corporo/labor501(c)(3) pays him to open the spigot. What comes out of the spigot is so great, that CorpLab3 gives the spigot-guy a tip. The next time he comes back, spigot-guy is expecting a bigger turning fee and a bigger tipping fee. I spent an impressionable 18 years near D.C., long ago, and this has always been my impression of how the place works. A politican was reported to have yelled at a person who disagreed with him, "I have the unions, and I don't need you!" It could be yelled by people concerning other groups as well. Congresspeople no longer have to listen to anyone they don't like. They have highly-compensated flak-catchers and automated thanks-for-your-opinion letters. Unconstitutionality happens.

If the Supreme Court rules

If the Supreme Court rules for corporations in this case (a highly likely outcome, since our judges, liberal or conservative, tend to be corporation oriented), we can carve the date on democracy's tombstone.

What needs to be overthrown

What needs to be overthrown is the idea of cooperate personhood. This farcical concept has gone on for far too long. Let the Supreme Court rule on that!

5-4? I think a 6-3 with

5-4? I think a 6-3 with Sotomayor joining the corporatists is a possibility. What a crushing disappointment for progressives that would be. Obama would completely lose my support if Sotomayor turns out to be a fifth columnist.

Maybe Kafka was correct; it

Maybe Kafka was correct; it is an absurd world, one which often makes no sense whatsoever. Try the ideas that corporations are "persons" and that their million of dollars used to bribe members of Congress and government officials is a form of "free speech," protected by the first amendment. Could Kafka or any existentialist writer dream up any proposition more absurd than those two?

Corporations have already

Corporations have already taken over politics and legislation. have these actions to stand against corporate money. Print these out on index cards and bring them to library bulletin boards and other bulletin boards so others can take action. Also post this message on left oriented blogs. Sign these healthcare petitions 1. http://bit.ly/HR676 2. http://bit.ly/single_payer_ross 3. http://bit.ly/drug_benefit 4. Boycott Tyson Foods of Arkansas who gave Mike Ross $37,000 for his campaigns. Call lobbyist for Tyson Foods Chuck Penry 202 393 3921 and tell him politely that you refuse to buy Tyson chicken until Mike Ross D-Arkansas the leader of the Blue Dogs on health care gets the entire house and senate conservative Democrats to help get HR 676 enacted into law. Tell others to call. Send me email after you call to info@democratz.org 5. Boycott American Express who gave Max Baucus $50,000 for his campaigns. Call Joanna Lambert at 212 640 9668 and politely tell her you will not use any American Express cards until Max Baucus gets HR 676 enacted into law. Email me after you call. See our blog http://blog.democratz.org I also have these petitions. http://bit.ly/EFCA http://bit.ly/10_an_hour_min_wage http://bit.ly/women_freedom_of_choice_act See our blog http://blog.democratz.org

Yet another check in my

Yet another check in my column for Emigrating FROM America, Land of Corporate Citizenship. WTF, we allow Corporations to act as if they were people, yet no jail time or death penalty when they kill people ? That is right out of the conservative book on how to breed psychopaths, except the conservatives mean welfare for black people. But if you just replace the words welfare and poor people with corporations, you get the SAME effect! I've just added another criterion for a long-term functional civilization to move to: Does NOT treat corporations as citizens.

In all my 62 years on this

In all my 62 years on this mortal coil I have NEVER seen such Partisan animosity by the Republican Party and their supporters. I want to know WHY they want this Presidency and Administration to fail, because if it does, then we ALL fail. They call themselves "Christian" and set themselves up as Paragons who are anointed by a cold and unloving god, certainly not the God who gave his only begotten son to this sorry world. I would ask them to take a long hard look in the mirror and ask themselves, "What would Jesus do?" Seriously, have they forgotten that Jesus said, "As ye have done it to the least of these, thou hast done it to me?" WHY can't we have Health Care for everyone, WHY do they have to slander and abuse anyone who disagrees with them? The President should give measure for measure to those who rode rough-shod over our Constitution, our people and our once Sterling reputation in the World. They gave no heed to voices of reason and rammed their twisted ideology down our throats. If the Republicans don't want Universal Health-care, FINE. Then let those who want it have it and THEY can continue to be slaves to the Insurance Monopolies and Pharmaceutical Companies.

Whatever stature Floyd

Whatever stature Floyd Abrams ever enjoyed as a defender of the First Amendment and the expression and publication of free-speech he threw away when he defended Judith Miller's ludicrous use of anonymous sources in the Vallery Plame case. Upon her release from jail -- after 80 drama filled days -- The New York Times saw fit (as a wealthy corporation) to publish that they had expensed her " a massage, a martini, and a steak." What have they expensed us for giving us anonymous sources of WMDs.

corporate personhood needs

corporate personhood needs to be taken off the table, shredded, burned and the ashes buried 6 ft under for good and FOR THE GOOD of America. capitalism has raped democracy for far too long!

I just read C. Rich’s new

I just read C. Rich’s new book. ” The Conservative Reconstruction Project” and it was right on point with the conservative movement. I sent him an e-mail telling him about this site. He is so open to every point of view.The man speaks for so many people.A conservative who is pro-gay and anti-war is not something you see everyday. Anyway check out this link: http://americaspeaksink.com/the-conservative-reconstructon-project/

Perhaps it is time to start

Perhaps it is time to start campaigning for a Constitutional Amendment that prohibits Congress or the Courts from conferring the rights of citizenship upon corporations or any other legal entity that is not an individual human being.

So ,which portion of Buckley

So ,which portion of Buckley V. Valeo of 1976 will this Court treat as precedent ? I'm betting on "money is a from of speech" and can therefore not be delimited. Sad days - maybe even terrible days - for all of us are ahead, I fear

This is a warped

This is a warped interpretation of a citizen's rights. If we do not somehow curb the enormous effects of these richly endowed lobbyists, our democracy, is indeed doomed. As a long time supporter of the ACLU, it is time to part ways if they continue with their argument. Money talks. End of the story.

This would be a huge

This would be a huge miscarriage of the very definition of the word "person" as it was when person-hood was allowed to the corporation in the first place. Inasmuch as a corporation has no death date it's possessions remain it possessions forever. People who produce copyrighted material are covered for life plus 50. But, given that corporations don't die in the normal sense of the word, they retain the copyright in perpetuity. Disney possessions never lose their copyright protection.

I PLEDGE OBEISANCE TO THE

I PLEDGE OBEISANCE TO THE FLAG OF THE CORPORATE STATE OF AMERIKA. AND TO THE REPUBLICANS FOR WHICH IT STANDS. ONCE A NATION, UNDER LAW. NOW JUST POWER AND INFLUENCE FOR SOME.

Everyone gets so hung up on

Everyone gets so hung up on the table crumbs that fall from fighting the symptoms -- in this case the fuss over campaign finance reform -- instead of going for what is truly needed, and what would resolve this and many other issues of corporate power abuse: namely, we need a constitutional amendment that takes away the "personhood" of corporations. Without personhood, corporations would have no RIGHT to claim free speech abuse. Rocks, spotted owls and strawberries do not have this right in our Republic; only legally defined "persons" do. Conversely -- if corporations continue to argue to keep personhood, then fine, keep it. But we then must begin to exert capital punishment more vigorously and in a far more equal manner than we have to all "persons", flesh and blood ones, AND corporations -- by either dissolving the corporation and seizing their assets; or executing their Board of Directors when egregious, excessive harm to society is done.

Americans who believe in "We

Americans who believe in "We the People" are fighting this battle on the wrong front. The question is not whether every entity defined as a person is entitled to free speech, but whether the corporation was ever defined as a person by the Constitution. The answer to that is clearly "NO". The Supreme Court has been acting as though the Constitution defines the corporation as a person. They claim a previous decision of the Supreme Court established that definition. There is no such decision. A Chief Justice in a case about taxing a picket fence merely stated he would not allow that question to be brought up. On that "Non decision decision" rests the claim of 14th Amendment rights for corporations and the rejection of all effective voting rights reform. We must fight on these grounds: - Throw out the phony precedent at the court level by bringing a case that sues a corporation for exercising those non-existent rights. Or: Congress to pass a law defining "Person". Or: a Constitutional amendment creating that definition. But first the people should know the truth, that the claim of corporate personhood is a fraud, plain and simple.

Since every individual has a

Since every individual has a right to give money to any political candidate or party, it is unnecessary to give citizenship to corporations. I do not know the history on how this came about, but it needs to stop before we haven't a shred of democracy left.

This is all about the fact

This is all about the fact that ALL Republicans and half of the Dem’s will throw Democracy and the interests of “We The People” under the bus every single time for their faulted beliefs in Pure Capitalism. They have the wrong goal. Their way is a direct disintegration of the Constitution of the United States and it’s Intent “Of the People, for the People, by the People”. I know that Capitalist’s mean well, they think they have it all figured out, that we all benefit, but they all often wrong. Giving Corporations the same rights as individuals is a direct violation of what our Constitution is about and why it was written. Although capitalism has it’s uses as a tool, It is NOT the answer to all of man-kinds problems, and we should get out of it what we can in the places it works, but at the same time, remove it from the places it fails. Why is that so hard for Capitalists to see? It is time to place Democracy and Humanity above belief in a system with obvious flaws.

Media outlets are also

Media outlets are also corporations, so we should limit their right to publish anything that could influence an election, too, right?

I thought that the whole

I thought that the whole idea of democracy in this country was one person, one vote. But if you work for a corporation, it's one person, two votes.

Corporations will never lose

Corporations will never lose their designation as persons under the constitution. The amount of bribe money they have, to prevent any change, is so enormous that no one could resist being bribed to the tune of $billions. In the 1886 or 87 case that established the personhood of corporations, Southern Pacific R.R. vs. County of Santa Clara, the corporate bribe money for the Supreme Court Justices then must have been enormous, too tempting to pass up. This is what makes sense based on logical deduction and the way this country, the USA, operates.

If you have 7.4 billion in

If you have 7.4 billion in personal fortune (as Murdoch did in 2004) then you can buy a network, and then spread whatever lies and distortions you want to. If you "are" a corporation, i.e. are one of its managers. you can hire expert and creative ad people to produce television ads to seductively spread those same lies. This is what has come to be known as free speech. Bloggers and commenters like us on the internet are a counterforce, but we NEED leadership from the Pres and from the dems in congress to galvanize the positive forces, and to put through the reforms everyone here is addressing....I hope Barak wakes up and realizes how far he has drifted from his principles, with the bank bailout and the watering down of his health plans.

Corporate personhood needs

Corporate personhood needs to be taken off the table, burned and shreaded. [I'm quoting Anonymous (not verified)] Now I'm going to quote Gore Vidal when he said something like, When the Supreme Court voted in favor of George Bush in the 2000 election, that was then end of the republic. CORPORATIONS ARE NOT PERSONS! Surely no one thinks that my voice is as loud as any member of Big Pharma. And the supremes are not entitled to fly in the face of state (Florida) laws and just decide with a stroke who will be president. But they did it and so observe the consequences.

Limiting Freedom of Speech

Limiting Freedom of Speech in order to ensure Fair Elections is a doomed proposition. We now have the Internet - the great equalizer - what we must do is simply reinforce this new forum and ensure it's unfettered access and uncensored content. That is the wisdom of the Bill of Rights. We can expect large attacks on Internet Freedom as the interests of the powers that be are threatened - expect novel excuses to limit or shut down content in the name of National Emergency, Democracy or whatever. I don't want anybody ever trying to 'protect' me from what I might find out - I'LL decide what I do with the information - not somebody in Washington. The growing recognition that the mainstream media is a farce is what dooms their control to oblivion - but this is why we must remain vigilant, protecting our precious access to ALL content online - even that from propagandists. When all voices can be heard - and a truth from the tiniest voice can go 'viral' as we have all seen - the corporate lies will shrivel in the sunshine. The answer is to open, not to close.

Democracy isn't important to

Democracy isn't important to the very very rich owners of the corporations. Capitalism is. The corporate owners would really rather not live in a Democracy. They would rather live in a dictatorship they control. They age getting closer to getting what they want and I suspect they will make it.

We are already under the

We are already under the control of corporate power. We fool ourselves that "We the People" have the power, or maybe even the President and Congress. WRONG! The combined corporations rule us and control us like puppets on strings. They've have this kind of control probably always and have been the catalysts in all kinds of world conflicts and regime changes, meaning that they can control our very government. FDR curtailed them for a while, but always corporations have had all the aces in the deck of cards. If corporations want to be treated with the rights of individuals, why is it that when they are caught and fined for illegal actions, every single person within that corporation should be arrested and put in jail, just like a real individual would be. If the courts allow this furthering of corporate citizenry, I WANT TO SEE THEIR BIRTH CERTIFICATE.?

If a corporation is a

If a corporation is a person, the next time a corporation is sued or is suing someone, call it to the witness stand a let it answer questions. Corporations only exits on a piece of paper. They are not persons and should not enjoy the rights and privileges set aside by our founders for real people. This "personhood" of corporations was lobbied for 100 years ago by very rich people who ran very large companies and wanted more than their share of influence.

Anonymous said:

Anonymous said: "Corporations will never lose their designation as persons under the constitution." That is a fallacy. The word “corporation” is not in the constitution. Then why are corporations considered persons? The Supreme Court in Southern Pacific vs Santa Clara Co, didn’t rule that corporations were persons under the 14th amendment. That belief stems from flawed head notes, written by a clerk, which do not have the force of law. See Thom Hartmann's Unequal Protection for a fascinating read on this subject. While Hartmann proposes legal challenges to correct this error, I think we may need a new amendment to correct it, since there is now a body of case law based on that error. Why not repeal the 14th amendment with a 28th amendment that refers only to "natural persons"? Shareholders and officers of the corporations, as natural persons, would still have the same free speech that we all have. Corporations have one purpose: making profits. They do this by advertising and selling their products. Congress and the president do not want to harm the economy. They would continue to have hearings to call on corporations for information pertaining to new legislation, say air quality regulations, so they don’t cripple the economy. It seems to me that by fixing the 14th amendment, the stage would be better set for effective campaign finance reforms. A different and more limited approach might be amending the constitution to allow campaign contributions from natural persons only, and allowing congress to limit campaign expenditures.

It should be noted than some

It should be noted than some countries do not give these corporations identified as legal persons any human rights. That is the position the US should take. And among human rights - the right to self determination/vote, hold office, freedom of speech, many of which are already denied in the US.

I'm afraid it's all over

I'm afraid it's all over folks. "They" have virtually all the money in the world, all the military, and all the serious weapons, hardware as well as the corrupt "legal" powers of civil and criminal laws (that "they" wrote and violently enforce). Unless a sizable percentage of the US public joins the rest of the world's peoples in active opposition to the criminal authorities, the powers can only destroy themselves, which they are on the road to do. In the meantime, they're taking the rest of us with them, by their obvious determination to fatally poison/destroy the very enviroment that gives us all life. I have not given up but am relieved that I'm old and will not be around to see the fatal end of it all. It's mostly up to the younger generations now, if they only will accept the seriousness of this life-or-death situation life is in and take action before it's too late. Which it may already be...

So, let me try and get the

So, let me try and get the main theme here: Capitalism is now "pure" and is an American Religious practice, which resides primarily within The Community of Corporate America. And, the practitioners of this Religion are devoted to reorganizing the Constitution in order to elevate this Corpus to personhood? So, this means we'll soon be watching naked people dancing around bonfires melting gold in order to create the Golden Bull? Gee, didn't that happen some time ago? Oh yeah! That's right. It happened when there was a crisis in "faith." Folks couldn't wrap their minds around "God" unless they could see it in some form that gave them permission to unleash their base instincts to be in control, rather than be humble, faith inspired, and communal. I guess it had to happen= that fear would return: the fear that we haven't proof of this truth, only faith. Whatever Abraham, Mohammed, Ghandi, Jesus, and a frustrated Moses had to offer, just can't seem to compare to a basic, instinctive form we can plainly see so we will not be afraid. Of course, how simple it is: "In God We Trust" = right there, printed on our money. But it's the money we GET, not God. It's the money we trust. Gosh, it's been there all this time.

Web site re disallowing

Web site re disallowing corporations to be considered as individuals. http://reclaimdemocracy.org/personhood/ Do corporations have the right to bear arms?

"...but because the film was

"...but because the film was partially financed by corporate sponsors,..." Names please. Who are these corporate sponsors? The article should have identified them.

The idea that money is

The idea that money is classified as free speech distorts the constitution to benefit the financial elite. In the time of the founding fathers, free speech meant that you could air your opinion , either verbally or in print, without fear of being harassed or arrested by the government. It was a part of democracy that later was ensconced by John Stuart Mill as a foundation of democracy. In that era having more money meant you could publish more papers, but it still relied upon the monetary input of the people who bought and read those papers. Unfortunately, in our day free speech as money has come to mean an opportunity to shout down the other voices. An apt example is that of two speakers across from each other on street corners. The one is using a megaphone to make what he feels is a cogent argument, the other, because he has the resources, brings out a huge sound system and literally drowns out the voice of his opponent. This is not democracy, yet it is our situation today, witness the idiocy of the "birthers", the "death squads" and a number of other such fantasies that is given prime time exposure as part of the political debate. Were it not for the funding from corporations and wealthy individuals, who can gain by preventing more taxes, these lunatics would not even warrant public exposure, because they could not make their case in their neighborhood much less the nation. Entities like Fox News that blatantly broadcast lies to confuse the people and obfuscate facts, are, in my opiniuon, crimianal enterprises whose aim is to steal from the citizens of America. I support our Founding Fathers and John Stuart Mill in this. I am willing to listen to cogent arguments from any source, and indeed that is how we grow as responsible citizens in our country. But to allow the financial megaphones to drown out and distort the debate while demonizing the other side subverts the very foundation of democracy.

Thank you, Berry Ives, for

Thank you, Berry Ives, for the erudition around Santa Clara County v Southern Pacific RR. Please do your utmost (and count upon my cheerleading) to get your post expanded to an article. People need to know and get behind this.

The only evidence that we

The only evidence that we still have democracy is that we elected Barak Obama and a bunch of democrats last election. Corporate America, with it's vast resources has bought so much influence in congress that it is still almost impossible to get a democratic proposed health care bill passed even though we have majority rule. It aint right. I'm sick of the right wing still in control when they are so obviously showing unAmerican behavior.