General Discussion
In reply to the discussion: Was Citizens United Correct? [View all]TheKentuckian
(26,314 posts)I wouldn't have made the ruling in the direct interest of preserving election integrity but I don't see how anyone can't see the pickle the whole situation presents or think it is crazy to rule otherwise. Without some level of "personhood" you can't have this website.
I do understand why charter law and now long tradition are missed because it the concept of it being otherwise is buried and it was a great failure that the rationale for granting incorporation was not codified in the Constitution to preserve it rather than accepting it as part and parcel. Certain protections and rights are granted for the purpose of allowing ______ benefit to the community and/or the people coming together in this cause.
Over the years something between to make money and because we want to do X have slid into because they want to, have paid the appropriate fees, and completed the paperwork which means unbounded and unconditional.
The fix isn't even that radical and is also not in the wedge/hot button zone which is a bonus. The law can already differentiate companies for other purposes like taxes so it is no great leap to bring such concepts to bear on speech or anything else.
Each type has has a set of rules dictated by charter, the rules are set as to prevent one from becoming the other and make interactions between different types of constructs transparent so that spin off shops don't end around the intent of the law.
The major problem is that the time may have passed for unilateral action, it might need to be in concert with a global initiative. We might still just have the weight to throw around to make it so but each year makes it less certain.
We need to do it though, a tool for the people is a piss poor master of them.