I find it amusing and confusing how
folk view to government. Some seem to see it as the devil incarnate out to make
lives of citizens miserable. Some see it as the tool that has been taken over
by corporate interests to do their bidding. Some see the government as
representative democracy (not a pure democracy), we get what we elect; with a
variation the public is manipulated by wealth and power special interests.
And now we have the discussion as to
whether corporations are people and thus entitled to freedom of speech rights.
I have lived my professional life in
an institution called the church and each church is a corporation (a great many
churches may not have up to date files of incorporation and are in violation of
the law, but it is required.). In a previous article I stated I felt it was my
obligation as a pastor to encourage people to vote their convictions, and I
hoped that their convictions reflected the religious beliefs, but that I had no
right to interpret or tell them specifically how or whom to vote for. I also
believe that is true for the church corporations as well. And those who do take
that stance have often found themselves in trouble with the government and for
good reason.
The point is that churches as
corporations cannot speak with a single voice. For example the Roman Catholic Church
has a pope which may claim to speak for the church but he doesn’t; for example
98% of American Roman Catholics are for using birth control which the Pope is
against (and immoral position in my opinion on the pope’s part.) The Roman
Catholic Church like all other churches has as many opinions as they have
members. It is representative of hierarchical churches. I’m a Presbyterian
which is a representative democracy, the model the country was based upon. The
national body of the Presbyterian Church U.S.A. may make statements of behalf
of that body but they only speak for that body. The most powerful of the
governing bodied of Presbyterians is a Presbytery (states rights; our bishop)
but they also speak for themselves not for each Presbyterian. And then there are
the congressional forms of government churches such as the UCC, Baptists, and
Lutherans which the highest power is the local congregation. Even they do not
speak with a single voice even though they may come to consensus of various
topics.
These corporations never are capable
of speaking with a single voice. Neither can business corporations. It is an
absurd concept. Now management may find consensus and decide to spend money on
particular candidates at this point without disclosure. But to say they speak
for all members of the corporations is false. It is as false as unions working in
some of those corporations may speak for all their members. Groups may
encourage political views but they cannot speak with a single voice and that
single voice does not exist.
The Tea Party certainly does not
possess a united voice, or even the political parties.
Election laws should protect these
individual voices and not allow them to be coerced by groups in those
organizations to say otherwise.
While I don’t believe churches should
take political stands for specific parties and politicians, they do have the
right to speak to Christian principles as applied to government laws and
practices. The same is true for other corporations. But disclosure of giving
should be consistent and open.
Secret organizations as the Kock
brothers attempted to be should be called to task and be open.
Right now it seems as though
corporations what to have it both ways, corporate anonymity and forcing the
members toward specific support.
Well, enough perhaps I’ve confused
you as much as I have myself at this point.
"And now we have the discussion as to whether corporations are people and thus entitled to freedom of speech rights."
ReplyDeleteIs a corporation capable of speaking at all? I don't think so.
But individuals associated with corporations are capable of speaking. And the Bill of Rights does not have any clause anywhere that says that you don't have any rights if you are associated with organizations.
"Is a corporation capable of speaking at all?" Well, yes, but not clearly..example:
Delete"may cause bloating, ringing in the ears, severe skin eruptions, heart damage, tumor formation and sudden cardiac arrest. Ask your
doctor if it's right for you"
Of course individuals retain their rights whether or not they're associated with corporations. After all, hardly any of us are not associated in some way with some corporations or institutions.
ReplyDeleteBut this is not to be confused with the 'rights' of corporations or institutions themselves being exercised through humans as their agents. These are very different things. For example, as an individual you have the 'right' to have racist opinions of others. You can even choose your friends on your racist guidelines. But try openly exercising those opinions and choices in your hiring/firing decisions while acting as an HR agent for a corporation and you'll get your company sued.
A corporation has its own interests as a machine designed for the profit motive. That it includes human workers and stockholders in its componentry does not change that. Nor does its values necessarily align with the bulk of its labor force, for example. It has access to financial resources, as well as the advantages of eternal life, that mere humans do not generally have. It is also unhindered by the vagaries of moral choices, or opinions on ideals such as freedom and equality: the profit motive is its prime directive, the reason it exists. For other organizations/institutions the prime motive may be different, but it is still usually quite different from the motives that drive a typical human.
The rights of individuals do NOT neatly translate to when the individual is acting as an agent of a corporation or institution. Particularly where the rights of the corporate body come into conflict with the rights of individuals, which is very often the case. The general trend these days is towards more rights for corporations (see 'Citizens United' ruling) and fewer rights for individuals (see yesterday's 'Strip Searches' ruling).
"Of course individuals retain their rights whether or not they're associated with corporations"
DeleteActually, under McCain-Feingold, and before the Citizens United decision, individuals were censored if they belonged to corporations or other organizations.
"The rights of individuals do NOT neatly translate to when the individual is acting as an agent of a corporation or institution."
Check the First Amendment. There's no escape clause allowing the government to censor people because they are associated with certain types of organizations.
"The general trend these days is towards more rights for corporations (see 'Citizens United' ruling)"
That decision was part of a trend back to individual rights, actually. It gave powers back to the people that the rulers had taken away for several years.
You are right on the strip search decision. While Citizens United takes power away from the rulers and gives it back to the people, this strip search decision benefits only the power of the rulers.
re: "There's no escape clause allowing the government to censor people because they are associated with certain types of organizations." The government cannot and should not: the people can and will, when it comes to powerful,
ReplyDeletetax-exempt organisations like ALEC
which project corporate power at the expense of individuals. Concerned indivuals have recognized the adverse affects and are fighting back: a number of large
corporate sponsors have withdrawn in response to customers.