osewalrus (osewalrus) wrote,
osewalrus
osewalrus

Briefly on Citizens United v. FEC

Ah, our modern Lochner.

It is important to connect the dots. The majority relies heavily on the ability of stockholders to control corporations. But this is not merely false as a practical matter, it is increasingly false as a legal matter. Since the 1980s, when social activists began leveraging their power as shareholders to force changes in corporate practices, the SEC and the Del. courts have worked mightily to undermine the rights of shareholders to hold officers of the corporation accountable. As a result, this decision privileges a handful of corporate officers who, under existing corporate law are allowed to use corporate "people" as their personal playthings.

As a final insult, under corporate law, expenditures of corporate money are only to be made to further the business ends of the corporation. It is the ultimate degradation of the ideals of self-government that we provide First Amendment protection to "speech," which, by law, may only be used to corrupt the political process for commercial ends.
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