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Forums - Politics Discussion - So fears over Citizens United was GREATLY overblown, yes?

Mr Khan said:

The founding fathers could not conceive of big moneyed interests becoming the primary global threat to liberty, that beginning about 70 years after their time.

Neither can I when the primary threat to liberty comes from governments - just as it always has.

It is plainly ludicrous to say that these corporations can propagandize as much as they want while these other ones can't engage in political speech at all.



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Soleron said:
kanageddaamen said:
it doesn't matter whose speech it is (including corporations)

As an hardcore free speech supporter: Corporations should not be natural persons or have rights. Individuals in the corporation should be able to say what they like. There IS a big difference.

--

The practical problem with Citizens United is that billions of dollars were wasted on the election and the nation/news attention was sucked away for a year and a half out of a four year cycle. That's not grounds for reversing it (the Constitution not protecting corporations is) but from the outside it looks like insanity. Our elections are low-key and dull.

The constitution does no prohibit limiting speech only for natural people, or even "general" people.  It protects the speech in general.  "Abridging the freedom of speech..." implies all speech, and saying it does not apply to corporations IS abridging the freedom of speech.

Even if it didn't, what justification is there to limit speech for a corporation?

On top of that, how was money "wasted," it was directly injected into our economy



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Kasz216 said:
Mr Khan said:
badgenome said:
Soleron said:

As an hardcore free speech supporter: Corporations should not be natural persons or have rights. Individuals in the corporation should be able to say what they like. There IS a big difference.

--

The practical problem with Citizens United is that billions of dollars were wasted on the election and the nation/news attention was sucked away for a year and a half out of a four year cycle. That's not grounds for reversing it (the Constitution not protecting corporations is) but from the outside it looks like insanity. Our elections are low-key and dull.

The constitution does protect corporations... that whole freedom of the press thing. The government has no business deciding that this corporation (News Corp) is guaranteed a right to speak freely while that one (Wal-Mart) is not because of some arbitrary decision of what does and does not constitute "the press".

And I don't think Citizens United had anything to do with the ridiculously overblown nature of this election. The election was talked about nonstop for two fucking years straight because the media (i.e., those magical corporations whose right to free speech would be sacrosanct with or without Citizens United) decided to talk about it nonstop for two years straight.

See, i've always interpreted those freedoms as being political freedoms more than full-fledged freedoms. Freedom of the press merely means that the state can't single out one viewpoint and pass laws like "you can't run stories that portray trickle-down economics in a negative light" or something like that, laws that would impact a political viewpoint, but if the law was politically content-neutral, it would be allowed to go forward (such as the old Fairness Doctrine. So long as it regulates everything equally, it's fair).


A) That's almost impossible to actually do.  Outside the fact that you'd need to find a completely unbiased judge,  inherently pretty much any law will negativly impact some viewpoints over others.

All you are making is the "Marriage is already equal, gay people are free to marry straight people as much as they want" arguement.

For a quick and crude example, say a law was passed outlawing the reporting of scientific studies.

Hurts the viewpoint of evolution a bit more then creationism right?   Even though it's a law that applies to both equally.

In my mind it would stand a simple, two-step test:

1. Were the regulations passed in good faith? If its obvious that a law was passed to shut up one group of people, then it's unconstitutional.

2. Would the lack of regulation be detrimental to public safety or public discourse? In the case of citizen's united, limitless donations with no rules on who the donors actually are creating a lack of transparency and promoting dishonesty.

For instance of something that we already have, legislation against companies making claims that their products do something that they haven't been proven to do or straight-up don't do. If we were to take Badgenome's broad definition of "the press" there'd be nothing to stop companies from loading their advertising with even more fallacious claims than they already do (if anything, standards need to be stricter here than they already are. Great Britain, for instance, banned certain "I'm a Mac and I'm a PC" ads because of the blatant lies employed by Apple.)



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badgenome said:
Mr Khan said:

The founding fathers could not conceive of big moneyed interests becoming the primary global threat to liberty, that beginning about 70 years after their time.

Neither can I when the primary threat to liberty comes from governments - just as it always has.

It is plainly ludicrous to say that these corporations can propagandize as much as they want while these other ones can't engage in political speech at all.

I would say that none of the companies should. Only people. Which wouldn't stop the determined companies from acting through people anyway, but at least then we could have a reasonable claim of having government of the people rather than government of the legally fictitious entities.



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I would also add that the "Bill of Rights," as it were, does not bestow "rights" on anyone or anything. What they do is limit the power of the government. Whether or not you feel like a corporation has a "right" to free speech is irrelevant. The 1st amendment makes it so the government does not have the power to curb speech, regardless of whose speech it may be



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Mr Khan said:
Kasz216 said:
Mr Khan said:
badgenome said:
Soleron said:

As an hardcore free speech supporter: Corporations should not be natural persons or have rights. Individuals in the corporation should be able to say what they like. There IS a big difference.

--

The practical problem with Citizens United is that billions of dollars were wasted on the election and the nation/news attention was sucked away for a year and a half out of a four year cycle. That's not grounds for reversing it (the Constitution not protecting corporations is) but from the outside it looks like insanity. Our elections are low-key and dull.

The constitution does protect corporations... that whole freedom of the press thing. The government has no business deciding that this corporation (News Corp) is guaranteed a right to speak freely while that one (Wal-Mart) is not because of some arbitrary decision of what does and does not constitute "the press".

And I don't think Citizens United had anything to do with the ridiculously overblown nature of this election. The election was talked about nonstop for two fucking years straight because the media (i.e., those magical corporations whose right to free speech would be sacrosanct with or without Citizens United) decided to talk about it nonstop for two years straight.

See, i've always interpreted those freedoms as being political freedoms more than full-fledged freedoms. Freedom of the press merely means that the state can't single out one viewpoint and pass laws like "you can't run stories that portray trickle-down economics in a negative light" or something like that, laws that would impact a political viewpoint, but if the law was politically content-neutral, it would be allowed to go forward (such as the old Fairness Doctrine. So long as it regulates everything equally, it's fair).


A) That's almost impossible to actually do.  Outside the fact that you'd need to find a completely unbiased judge,  inherently pretty much any law will negativly impact some viewpoints over others.

All you are making is the "Marriage is already equal, gay people are free to marry straight people as much as they want" arguement.

For a quick and crude example, say a law was passed outlawing the reporting of scientific studies.

Hurts the viewpoint of evolution a bit more then creationism right?   Even though it's a law that applies to both equally.

In my mind it would stand a simple, two-step test:

1. Were the regulations passed in good faith? If its obvious that a law was passed to shut up one group of people, then it's unconstitutional.

2. Would the lack of regulation be detrimental to public safety or public discourse? In the case of citizen's united, limitless donations with no rules on who the donors actually are creating a lack of transparency and promoting dishonesty.

For instance of something that we already have, legislation against companies making claims that their products do something that they haven't been proven to do or straight-up don't do. If we were to take Badgenome's broad definition of "the press" there'd be nothing to stop companies from loading their advertising with even more fallacious claims than they already do (if anything, standards need to be stricter here than they already are. Great Britain, for instance, banned certain "I'm a Mac and I'm a PC" ads because of the blatant lies employed by Apple.)


1.  Who do you actually trust to make this deterimination.  Outside which, based on this premise, citizens united would still be ruled the same way according to that premise.

2.  A lot of people would disagree with your fundamental assertion on citizens united.  I'd actually argue that limitations are what lead to a lack of transparency and dishonesty... as people then just find ways to get around those limitations in dishonest and hidden ways.

Allowing limitless contributions makes things pretty outright and simple.



Mr Khan said:
badgenome said:
Mr Khan said:

The founding fathers could not conceive of big moneyed interests becoming the primary global threat to liberty, that beginning about 70 years after their time.

Neither can I when the primary threat to liberty comes from governments - just as it always has.

It is plainly ludicrous to say that these corporations can propagandize as much as they want while these other ones can't engage in political speech at all.

I would say that none of the companies should. Only people. Which wouldn't stop the determined companies from acting through people anyway, but at least then we could have a reasonable claim of having government of the people rather than government of the legally fictitious entities.

Then you are saying we should repeal freedom of the press.

This argument also would claim that art created by a corporation would not be protected under free speech, or that corporations can't protest to the government.

Also, to reiterate the point I made earlier, speech (in this case money) is never the problem.  It is peoples' reactions to that speech that is the issue.  If people are swayed by politcal spending, that is not the fault of the spending, it is the fault of the uninformed individual.



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Mr Khan said:

I would say that none of the companies should. Only people. Which wouldn't stop the determined companies from acting through people anyway, but at least then we could have a reasonable claim of having government of the people rather than government of the legally fictitious entities.

But companies are comprised of people, and those people wouldn't be allowed to express an opinion that is political in nature (and anything can be construed as being political in nature) while operating on behalf of their company. So either media wouldn't be allowed to have an editorial slant or carry political commentary, or media would be afforded special treatment and rights that no other corporations (from titans like Wal-Mart down to grassroots organizations like Citizens United) would receive. Neither of those seem very tenable to me.



kanageddaamen said:

Also, to reiterate the point I made earlier, speech (in this case money) is never the problem.  It is peoples' reactions to that speech that is the issue.  If people are swayed by politcal spending, that is not the fault of the spending, it is the fault of the uninformed individual.

True, although we're not even talking about money, really. We're talking about actual speech. Donations to candidates are still capped.

But it's a silly argument, anyway. Ask any Democrat how many millions of dollars worth of ads they'd have to watch before they'd have voted for Mitt Romney.



badgenome said:
kanageddaamen said:

Also, to reiterate the point I made earlier, speech (in this case money) is never the problem.  It is peoples' reactions to that speech that is the issue.  If people are swayed by politcal spending, that is not the fault of the spending, it is the fault of the uninformed individual.

True, although we're not even talking about money, really. We're talking about actual speech. Donations to candidates are still capped.

But it's a silly argument, anyway. Ask any Democrat how many millions of dollars worth of ads they'd have to watch before they'd have voted for Mitt Romney.

Yeah, but the reach of the speech is proportional to the money donated, which is what democrats seem to have a problem with.  To me it doesn't matter though.  If you are speeking with your mouth, your art, or your wallet, its all the same.




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