Showing posts with label corporate free speech. Show all posts
Showing posts with label corporate free speech. Show all posts

Wednesday, June 14, 2023

Starbucks: A Racist Company Against Racism

In June, 2023, Starbucks had to face a unanimous jury decision in favor of a regional manager whom Starbucks' upper management had fired because she had resisted the company's racist policy of punishing innocent Caucasian managers for good public relations, which the CEO felt was needed and appropriate after a store manager had legitimately called the police on two Black people in a Starbucks restaurant who presumed the right not only to sit in a restaurant without ordering anything (before Starbucks allowed this),  but also to ignore the authority of the store's manager. Starbucks cowered to the unjust negative publicity, and thus showed a lack of leadership, and went on to act unethically in wanting to show the world that the company can go after Caucasian employees. This racism is ironic, for several years earlier, Starbucks' CEO had ordered employees at the store level to discuss racism with customers. Interestingly, the anti-racist ideology being preached was partial, and thus contained a blind spot wherein racism such as the company's upper management would exhibit is acceptable. 

The full essay is at "Starbucks"

Wednesday, July 24, 2019

Corporations and Political Debate: Taxation & Regulation

Under U.S. law, the corporation is a legal person, whose wealth can constitute political speech protected by the first Amendment. It is no matter that the corporation is an artifice constructed by the state for economic purposes: to concentrate wealth in order to produce goods or provide services. That such an entity would lobby and spend money (or “speak”) for political purposes may from this standpoint seem strange, or out of place. To be sure, political influence can indeed help the bottom economic line, but is a corporation a political actor if the purpose is economic? 

The full essay is at "Corporations and Public Debate."

Saturday, February 17, 2018

Off Target: Corporate Spending as "Speech" against Gay Rights

In a 5-4 decision on January 21, 2010, the US Supreme Court ruled in Citizens United that federal restrictions on corporate spending in elections constituted a violation of free speech. Critics called it wrong to equate corporate “speech” with individual speech and said the ruling would allow special-interest money to flood election campaigns. The bipartisan nature of the opposition to this ruling is striking in these largely partisan times. The court’s ruling is opposed, respectively, by 76, 81 and 85 percent of Republicans, independents and Democrats; and by 73, 85 and 86 percent of conservatives, moderates and liberals. Majorities in all these groups, ranging from 58 to 73 percent, not only oppose the ruling but feel strongly about it. Even among people who agree at least somewhat with the Tea Party movement, which advocates less government regulation, 73 percent oppose the high court’s rejection of this particular law. In addition to overwhelming opposition to the decision, there’s also bipartisan support for Congress to try to reinstate restrictions on campaign spending by corporations and unions.

The full essay is at "Target's 'Free Speech'." 

Wednesday, October 25, 2017

Corporations as Citizens: A Right to Make Political Donations?

In Citizens United, the U.S. Supreme Court held that corporations and unions “should have the same right as individuals to pay for election ads and other electioneering,” according to The Wall Street Journal. Not addressed in the court’s decision was whether corporations and unions also have “the same right as individuals to donate money directly to candidates for Congress or the White House.”

Monday, June 25, 2012

Citizens United Ruling Applied to States


On the basis of the supremacy clause (Art. 6, clause 2) of the U.S. Constitution, the U.S. Supreme Court ruled 5 to 4 on June 25, 2012 against Montana’s Supreme Court decision that had upheld a Montana law that stipulated that a “corporation may not make . . . an expenditure in connection with a candidate or a political committee that supports or opposes a candidate or a political party.” According to the majority on the U.S. Court, that court had already struck down a similar federal law in Citizens United by holding that “political speech does not lose First Amendment protection simply because its source is a corporation.” The Court had concluded that the federal government did not have a compelling interest in restricting that protection for corporations to prevent corruption.

Regarding the Court’s compelling state interest rationale, it is not evident that the reasoning in Citizens United that “independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption” empirically trumps the finding of the Montana Supreme Court that corporate political expenditures have led to corruption in Montana. As Justice Breyer writes in his dissent, “even if I were to accept Citizens United, this Court’s legal conclusion should not bar the Montana Supreme Court’s finding.” It is possible, in other words, that Montana’s government has a compelling interest whereas Congress does not. According to the New York Times, the “Montana Supreme Court had ruled that the state’s distinctive history and characteristics warranted a departure from the principles announced in Citizens United.” In other words, the empire-scale of the American union ought to have gone into the Court’s reasoning.

Like the E.U., the U.S. extends across a continent. Both unions are of such a scale as to be reckoned as empires in themselves (i.e., even without considering their influence abroad). Their respective comprising republics can be expected to have distinct cultures.  For example, the relationship between business and society in Montana might be very different from that which is the case in Delaware. Hence, states have different incorporation laws as well as approaches to constraining corporations.

To impose a “one size fits all” empirical assumption in terms of a government’s interest in forestalling or reducing corruption not only invites factual error, but also treats an empire as if it were merely a republic or kingdom therein. Therefore, in applying the first amendment to a particular state’s empirical circumstances, the federal Court should beware of applying the assumption of a single U.S.-wide empirical condition in lieu of the “facts on the ground.” More generally, presuming a single empirical condition across these United States can be reckoned as one of the means by which judicial (and political) consolidation has made such inroads at the expense of federalism. Over time, the further consolidating chokes the combination, which can be expected to eventually either collapse from the weight of its center or split apart from the built-up pressure of the inherent diversity of the member states.

Source:

Adam Liptak, “Supreme Court Declines to Revisit CitizensUnited,” The New York Times, June 25, 2012.  



Saturday, February 6, 2010

Unaccountability at Bank of America

Andrew Cuomo, who was the Attorney General of New York in February of 2010, filed suit then against Bank of America and two of the bank’s employees, Ken Lewis and Joe Price.  In his complaint, Mr. Cuomo said that the bank first chose not to disclose the losses involving Merrill Lynch, which topped $16 billion, to its shareholders who were voting to approve the deal. Then, the bank told federal officials that those same losses had persuaded bank executives to consider backing out of the deal, unless the government provided a second bailout. “Throughout this episode, the conduct of Bank of America, through its top management, was motivated by self-interest, greed, hubris and a palpable sense that the normal rules of fair play did not apply to them,” Mr. Cuomo said. “Bank of America’s management thought of itself as too big to play by the rules and, just as disturbingly, too big to tell the truth.”[1]


The full essay is at "Unaccountability at Bank of America."

1. Louise Story, "Cuomo Sues Bank of America, Even as It Settles With S.E.C.," The New York Times, February 4, 2010.

Thursday, January 21, 2010

The Aristocracy of the Moneyed Corporations

“I hope we shall crush in its birth the aristocracy of our moneyed corporations.” 

Thomas Jefferson

In Citizens United v. FEC on January 21, 2010, the US Supreme Court held by 5 to 4 that because US corporations are legal persons, they can contribute to political campaigns.   The assumption here is that corporations are more than the sum of an aggregate of persons—that is, more than citizens associating.  The corporate entity has rights in itself.  Ginsberg and Sotomeyer questioned in oral arguments whether free speech applies to spending money, and, moreover, whether corporations should be considered legal persons, much less citizens.  After all, they can’t be drafted, or vote.