Used and Designed for Theories of Constitutional Interpretation

1. SPLIT PERSONALITY
The Fallacy of Corporate Personhood
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2. The First Amendment
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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...”
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4. Original Intent
4
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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
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6. “Modern Corporations ...
would probably have
been favored by most of
our enterprising founders...”
-Justice Scalia
Original Intent 6
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7. Original Public Meaning
7
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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
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9. Legislative History of
Corporate Restrictions
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10. Legislative History of
Corporate Restrictions
1907 The 5 Key
Acts
1947
1907
1972
2002
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11. The
1907 Tillman Act
1947
1910
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12. Federal
1907 Corrupt
Practices Act
1947
1910
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13. The
1907 Taft-Hartly
Act
1947
1910
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14. 1972
2002
Federal
Election
Campaign Act
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15. 1972
2002
Bipartisan
Campaign
Reform Act
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16. Theories
16
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17. Theories
Autonomy
v.
Public Debate 17
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18. Autonomy
18
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19. Public Debate
19
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20. Theories
Real Entity
vs.
Artificial Entity 20
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21. Real Entity
21
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22. Artificial Entity
22
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23. Theories
Shareholder Protection
&
Anti-Distortion 23
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24. Shareholder Protection
24
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25. Anti-Distortion
25
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26. SPLIT PERSONALITY
The Fallacy of Corporate Personhood
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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)
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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.
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