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Old 01-22-2010, 10:08 AM   #11
Strangler Lewis
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Corporations are considered "persons" for purposes of the due process clause. I don't recall the specifics, but I believe that there was a fair amount of discussion of that very point when the 14th Amendment was ratified.

The First Amendment does not speak of whom it is protecting. It speaks of what may not be done. It is inconceivable that a content-based restriction on speech could be enforced against speech that comes from an organization but not against speech that comes from an individual.

I haven't read the decision. I assume it discusses whether or not the legislation was justified by a compelling state interest. One can conceive of such an interest. The antitrust laws bespeak the view that there can be a point where concentrations of power and wealth effectively freeze the game and, therefore, become anti-democratic. One can see the same potential with well-funded corporate speech.
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