Abigail Field | Occupy the Constitution Part II-The Supreme Court’s Constitutional Roadblocks
If you missed part one you can catch it here…
Our nation was founded on the idea that government must represent the will of the people, back when everyone realized that all people breathe. Since our founding, however “people” and “person”, have been frequently defined in law and interpreted by our Supreme Court to include corporations and organizations of all kinds. And our Supreme Court has guaranteed all people, under this expanded definition, the right to contribute and spend money to influence elections free from virtually any governmental regulation. In so doing, the Court cites our First Amendment’s protection of political speech.
Corporate Political Speech Is Commercial Speech
Our core Constitutional obstacle to solving our money in politics problem, as the cases I discuss below show, is not that we’ve decided money spent on political speech deserves First Amendment protection. Our problem is that the Supreme Court has equated the First Amendment political Free Speech rights of natural persons with those of unnatural ones, like corporations.
All corporate speech is inherently commercial, in that all corporate speech is aimed at furthering the profit interests of corporations, their executives and (perhaps) their shareholders. The fact that corporate speech is aimed at influencing an election does not eliminate or trump the inherently corporate nature of that speech. Commercial speech is simply not due the same protection from government regulation as political speech. Indeed, my amendment in Part 1 would allow Congress to constitutionally regulate unnatural persons’ political speech so long as there is any rational basis for the regulation
Check out the rest here…