Ruth Marcus of the Washington Post has written a nicely succinct critique of the recent Supreme Court decision that protects corporations from laws prohibiting unlimited spending for political advertising. Here are a couple of paragraphs dealing with the censorship and “corporate personhood” issues-
First, the majority flung about dark warnings of “censorship” and “banned” speech as if upholding the existing rules would leave corporations and labor unions with no voice in the political process. Untrue. Under federal election law before the Supreme Court demolished it, corporations and labor unions were free to say whatever they wanted about political candidates whenever they wanted to say it. They simply were not permitted to use unlimited general treasury funds to do so. Instead, they were required to use money raised by their political action committees from employees and members. This is hardly banning speech.
Second, in the face of logic and history, the majority acted as if there could be no constitutional distinction between a corporation and a human being. Untrue. The Supreme Court has long held that corporations are considered “persons” under the Constitution and are therefore entitled to its protections. For more than a century, Congress has barred corporations from making direct contributions to political candidates, with no suggestion that it must treat corporate persons the same as real ones; that prohibition stands, at least for now. The “conceit” of corporate personhood, as Stevens called it, does not mandate absolute equivalence. That corporations enjoy free-speech protections does not mean they enjoy every protection afforded an actual person. Is a corporation entitled to vote? To run for office?
It’s worth reading the whole thing.