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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: epicure who wrote (129789)1/31/2010 9:35:25 PM
From: Lane3  Respond to of 541908
 
so whether press is collective or individual, it is protected- by mention. But corporations are not mentioned

My point about corporations is that they don't seem to me to be a collective or association or aggregation of people. When I learned about corporations way back when was that a corporation, by definition, is a separate entity from the various folks who participate in it, the point of which is that said folks aren't liable for the debts of the company as partners are in partnership and proprietors are in a sole proprietorship. If that's the case, then it logically follows that any notion of corporations, being intentionally set up as non-people or extra-people, cannot be construed as having rights assigned to people/citizens. Extending the rights of people to associations of people make some sense but I'm questioning whether corporations are, indeed, associations of covered people. If the corporation is so independent that the parties are not liable for the debts of the corporation, then I don't see how the corporation can claim the rights of the parties.

And any comparison with the NYT corporation and freedom of the press is irrelevant.

OTOH, if my view is too simplistic and there's a lot of case law around corporations being considered aggregations of people, then I guess they are.



To: epicure who wrote (129789)2/1/2010 4:14:38 PM
From: TimF  Read Replies (1) | Respond to of 541908
 
The press is enumerated- so whether press is collective or individual, it is protected- by mention.

Freedom of speech is enumerated in the same sentence of the same amendment, both having the same phrase about "congress shall make no law" applied to them.

If freedom of speech except when organized by or within a company is a policy that doesn't limit or infringe on freedom of speech, than freedom of the press except when organized by or within a company is a policy that doesn't limit or infringe on freedom of the press. Neither is an inherently corporate activity, if corporations have no rights, than they have no press rights either.