Split personalities

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Deuce Bradshaw

Used and Designed for Theories of Constitutional Interpretation

Business

SPLIT PERSONALITY
The Fallacy of Corporate Personhood

Wednesday, October 26, 11

The First Amendment

Wednesday, October 26, 11

The First Amendment
“Congress shall make
no law ...abridging

the freedom of
speech,

or of the
press;

or the right of the people peaceably
to assemble...”
Wednesday, October 26, 11

Original Intent

4

Wednesday, October 26, 11

The Framers would have taken “it
as a given that corporations
could be comprehensively
regulated in the service of
the public welfare.”
- Justice Stevens

Original Intent 5

Wednesday, October 26, 11

“Modern Corporations ...
would probably have
been favored by most of
our enterprising founders...”
-Justice Scalia

Original Intent 6

Wednesday, October 26, 11

Original Public Meaning

7

Wednesday, October 26, 11

Original Public Meaning
“[Corporations] ...were legally
privileged organization that had to be
closely scrutinized by the
legislature because their
purposes had to be made
consistent with public welfare.”
- Justice Stevens 8

Wednesday, October 26, 11

Legislative History of
Corporate Restrictions

Wednesday, October 26, 11

Legislative History of
Corporate Restrictions

1907 The 5 Key
Acts
1947
1907
1972

2002
Wednesday, October 26, 11

The
1907 Tillman Act

1947
1910

Wednesday, October 26, 11

Federal
1907 Corrupt
Practices Act

1947
1910

Wednesday, October 26, 11

The
1907 Taft-Hartly
Act

1947
1910

Wednesday, October 26, 11

1972

2002
Federal
Election
Campaign Act
Wednesday, October 26, 11

1972

2002
Bipartisan
Campaign
Reform Act
Wednesday, October 26, 11

Theories

Autonomy
v.
Public Debate 17

Wednesday, October 26, 11

Public Debate

19

Wednesday, October 26, 11

Theories

Real Entity
vs.
Artificial Entity 20

Wednesday, October 26, 11

Real Entity

21

Wednesday, October 26, 11

Artificial Entity

22

Wednesday, October 26, 11

Theories

Shareholder Protection
&
Anti-Distortion 23

Wednesday, October 26, 11

Shareholder Protection

24

Wednesday, October 26, 11

Anti-Distortion

25

Wednesday, October 26, 11

Bibliography
Citizens United v. Fed. Election Commn., 130 S. Ct. 876 (2010)

Floyd Abrams, Protecting the Heart of the First Amendment, Defending
Citizens United, 9 First Amend. L. Rev. 193 (2010)

Dale Rubin, Corporate Personhood: How the Courts Have Employed
Bogus Jurisprudence to Grant Corporations Constitutional Rights
Intended for Individuals, 28 Quinnipiac L. Rev. 523 (2010)

David Shelledy, Autonomy, Debate, and Corporate Speech, 18 Hastings
Const. L.Q. 541 (1991)

Anne Tucker, Flawed Assumptions: A Corporate Law Analysis of Free
Speech and Corporate Personhood in Citizens United, 61 Case W. Res.
L. Rev. 497 (2010)

Wednesday, October 26, 11

Photo Credits
www.ﬂickr.com/photos/allensima/6033657657/
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Images of Fight Club are property of Twentieth Century Fox Home
Entertainment.

Wednesday, October 26, 11

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Split personalities

1. SPLIT PERSONALITY The Fallacy of Corporate Personhood Wednesday, October 26, 11

2. The First Amendment Wednesday, October 26, 11

3. The First Amendment “Congress shall make no law ...abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble...” Wednesday, October 26, 11

4. Original Intent 4 Wednesday, October 26, 11

5. The Framers would have taken “it as a given that corporations could be comprehensively regulated in the service of the public welfare.” - Justice Stevens Original Intent 5 Wednesday, October 26, 11

6. “Modern Corporations ... would probably have been favored by most of our enterprising founders...” -Justice Scalia Original Intent 6 Wednesday, October 26, 11

7. Original Public Meaning 7 Wednesday, October 26, 11

8. Original Public Meaning “[Corporations] ...were legally privileged organization that had to be closely scrutinized by the legislature because their purposes had to be made consistent with public welfare.” - Justice Stevens 8 Wednesday, October 26, 11

9. Legislative History of Corporate Restrictions Wednesday, October 26, 11

10. Legislative History of Corporate Restrictions 1907 The 5 Key Acts 1947 1907 1972 2002 Wednesday, October 26, 11

11. The 1907 Tillman Act 1947 1910 Wednesday, October 26, 11

12. Federal 1907 Corrupt Practices Act 1947 1910 Wednesday, October 26, 11

13. The 1907 Taft-Hartly Act 1947 1910 Wednesday, October 26, 11

14. 1972 2002 Federal Election Campaign Act Wednesday, October 26, 11

15. 1972 2002 Bipartisan Campaign Reform Act Wednesday, October 26, 11

16. Theories 16 Wednesday, October 26, 11

17. Theories Autonomy v. Public Debate 17 Wednesday, October 26, 11

18. Autonomy 18 Wednesday, October 26, 11

19. Public Debate 19 Wednesday, October 26, 11

20. Theories Real Entity vs. Artificial Entity 20 Wednesday, October 26, 11

21. Real Entity 21 Wednesday, October 26, 11

22. Artificial Entity 22 Wednesday, October 26, 11

23. Theories Shareholder Protection & Anti-Distortion 23 Wednesday, October 26, 11

24. Shareholder Protection 24 Wednesday, October 26, 11

25. Anti-Distortion 25 Wednesday, October 26, 11

26. SPLIT PERSONALITY The Fallacy of Corporate Personhood Wednesday, October 26, 11

27. Bibliography Citizens United v. Fed. Election Commn., 130 S. Ct. 876 (2010) Floyd Abrams, Protecting the Heart of the First Amendment, Defending Citizens United, 9 First Amend. L. Rev. 193 (2010) Dale Rubin, Corporate Personhood: How the Courts Have Employed Bogus Jurisprudence to Grant Corporations Constitutional Rights Intended for Individuals, 28 Quinnipiac L. Rev. 523 (2010) David Shelledy, Autonomy, Debate, and Corporate Speech, 18 Hastings Const. L.Q. 541 (1991) Anne Tucker, Flawed Assumptions: A Corporate Law Analysis of Free Speech and Corporate Personhood in Citizens United, 61 Case W. Res. L. Rev. 497 (2010) Wednesday, October 26, 11

28. Photo Credits www.flickr.com/photos/allensima/6033657657/ www.flickr.com/photos/bensutherland/111965845/ www.flickr.com/photos/cclunie/5832128881/ www.flickr.com/photos/digitizedchaos/3861109576/ www.flickr.com/photos/evertwh/3348440435/ www.flickr.com/photos/grimages/2816577131/ www.flickr.com/photos/imarcc/5574406567/ www.flickr.com/photos/imarcc/5574406573/ www.flickr.com/photos/jdhancock/4617759902/ www.flickr.com/photos/mr_g_travels/1235089961/ www.flickr.com/photos/pinkmoose/3576739539/ www.flickr.com/photos/_tiffany/3257178250/ www.flickr.com/photos/tom_ruaat/3608394553/ Images of Fight Club are property of Twentieth Century Fox Home Entertainment. Wednesday, October 26, 11

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