[FoRK] My sentiments exactly...

mdw at martinwills.com mdw at martinwills.com
Fri Jan 22 08:40:09 PST 2010


> This has me much confused. I chased the links and read the bit about the
> Supreme Court "upholding" "free speech". This baffles me.
>
> How does the right of free speech of citizens of the United States of
> America have anything whatsoever to do with corporations? Can someone
> enlighten me please?
>
Corporations are created, and run by humans. Free speech is guaranteed by
the Constitution and upheld for more than 200 years now.  NBC/CBS/ABC ad
nauseum.. are Corporations.  They have a direct impact on Free Speech.

> For the record, if it makes it any easier to respond, I don't buy this
> bullshit about an entity that cannot be held to the same accountability
> nor be required to show the same responsibility as a human having the same
> rights as a human.
>

Corporations are held a little differently than humans.  You can sue a
corporation similar to humans in the US Court systems. They are subject to
the same laws as humans.  Unfortunately some laws aren't applicable (e.g.
Infecting someone with an STD is crime in my state but, I don't think I
could sue a corporation for it etc...)

> And what baffles me isn't that the Supreme Court "upheld" anything, or
> not. What baffles me is how an independent human being can see this as a
> Good Thing. Can someone help me?
>

The Supreme Courts sole purpose in life is to review cases by the lower
courts.  When they find a court case in the Appeals Process that has been
requested by the lower court for them to review (or they can just pluck it
from the lower court if they want to), they look at it.  If they review
it, and it provides an ability to provide "Stare Decisis" they will hear
it and rule.  They are not bound to review any case submitted by the lower
courts (in fact they refuse more than 90% submitted). Your belief you can
appeal your case "all the way to the Supreme Court" is a half-truth.  You
have the right and the ability but, if the matter of law you are arguing
doesn't provide an opportunity for "Stare Decisis" you are probably going
to be denied.  The Courts don't rule by "Common Sense". The courts are a
neutral (de novo) party that is to be influenced by lawyers and their
presentation of current laws and how they are applicable for the current
case.  They are to remain neutral and if there is some sort of conflict
(whether be personal etc..) they are to recuse themselves voluntarily to
maintain the neutrality of the court. Since they are to remain neutral, a
good persuasive lawyer can twist any law they way he wants, and if he can
persuade the court because of better skills than the opponent lawyer the
court usually rules in his favor.  To prevent this from destroying the
legal system, the courts are defended in depth (state courts appeal to the
State Appellate Courts, Appellate decisions can be appealed to the State
Supreme Courts, which can be appealed to the Federal Courts of Appeals,
which can be appealed to the Supreme Court)  during this process
eventually the bad decisions are reversed and new interpretations of the
law are created.


> Oh yeah, another piece in the backstory: I'm one of those who doesn't
> believe in Government of the Corporations, by the Corporations, for the
> Corporations. I'm getting pretty fed up with it. And we don't have it
> nearly as bad here in the nanny state of Canada as y'all have it.
>
>          ...ken...

Corporations pay taxes, they can be sued by individuals, they can
advertise on TV and radio, they are subject to criminal law, under the
laws of the US they are treated as identities and many laws have been
created to control them (e.g. whole volumes of State and Federal laws are
on the books to deal with them).  They are subject to the criminal/civil
laws of the US (where individuals aren't susceptible to the Corporate laws
on the books).  So in effect they have many more laws than an individual
they have to answer to.

--Martin--
>
>
> --- On Fri, 1/22/10, Jeff Bone <jbone at place.org> wrote:
>
>> From: Jeff Bone <jbone at place.org>
>> Subject: [FoRK] My sentiments exactly...
>> To: "Friends of Rohit Khare" <fork at xent.com>
>> Received: Friday, January 22, 2010, 8:00 AM
>>
>> Cf.  "So Much Good News"
>>
>>   http://www.overcomingbias.com/2010/01/so-much-good-news.html
>>
>> In the US, Med Reform is dead and the Supreme Court upholds
>> free speechbig-time.  World wide, the modal (log)
>> income, i.e., the most common income level world-wide, has
>> increased by a factor of ten in just 40 years!
>>
>> <graphs redacted, chase link>
>>
>>
>>
>> HT Rob Wiblin.
>>
>> Tagged as: Current Affairs
>> Trackback URL:
>>
>>
>> --
>>
>> IMHO, the "Med Reform" bit is the best news of all.
>>
>>
>> jb
>>
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>>
>
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