[xzins]

Most of the time, when we use the word “corporation”, folks think of GE, Ford, P&G — some large business.

The corporations that concern me are those assemblies of people who have sought protection from personal liability by incorporating. Free Republic is an LLC, I believe. Churches are incorporated. I imagine that many citizen groups are, too.

I see these assemblies of persons as fitting the provision in the 1st Amendment of the US Constitution having “the right to peaceably assemble and petition”.

However, I see some Sotomayor ruling against “corporations” also applying to “assemblies” of persons. She and the media would talk it up as “keeping big business out of politics”, but the trojan horse would be the denial of assemblies designed to speak with one voice.

In terms of big business meddling in politics, I’ve no way to distinguish between Procter&Gamble and George Soros, a rich man enriched by big business, using his personal wealth to advertise and organize in favor of his political viewpoints.

So, in the long run, we’re left with the marketplace of ideas. It’s probably best just to allow a free fire zone while requiring the strictest reporting of all money/barter/gifting spent in any way to advance any item or person up for a vote. At least those interested can follow the money.

[P-Marlowe]

I agree personally that it would be best if corporations had as much freedom as individuals under the Constitution, but corporations are fictions and exist solely as a creature of statutory law. Therefore their constitutional protection as corporations are limited by the grant of freedoms that the legislatures give to them.

People form corporations in order to enjoy limited liability and to shield the owners of the corporation from personal and individual responsibility and for purposes of obtaining tax advantages not available to individuals.

No one is forced to become a corporation and businesses are free to engage in free enterprise without incorporating, but then if they don't incorporate, then the owners of the corporation become individually liable for the torts and debts of the business entity. But if the owners don't incorporate and remain personally liable for the actions of the business, then it would follow that they would enjoy the personal freedoms that are guaranteed by the Constitution.

For good or bad, and most likely for bad, Sotomayor has a point. The Constitution did not create corporations, these are statutory creatures and being statutory creatures, they have no inherent constitutional rights. Their liberties are created by the same statutes that created their existence.

Constitutionally speaking corporations are not "persons". They are statutory entities. That is the bottom line. To grant them constitutional rights as "persons" is to grant them rights not granted by the founders. The rights of corporations are created by the same statutes that created corporations.