Noam Chomsky - Corporate Personhood

Summary

Professor Noam Chomsky discusses the concept of corporate personhood, tracing its origins to the 14th Amendment post-Civil War. He criticizes how it has been misapplied to benefit corporations over individuals, especially with the Citizens United ruling that equates money with speech. Chomsky emphasizes the need for public support and education to amend the Constitution and restore its original intent.

Takeaways

• 📜 Corporate personhood is a legal doctrine that has evolved over time, originally intended to protect freed slaves but now often applied to corporations.
• 🏛️ The 14th Amendment was initially designed to protect the rights of individuals, but its interpretation has been expanded to include corporations.
• 🚫 Over the years, courts have restricted the 14th Amendment's protections for certain individuals, such as undocumented immigrants.
• 💸 The Supreme Court case in the 70s equated money with speech, leading to the Citizens United decision that allows corporations to spend unlimited amounts on elections.
• 🗳️ The Citizens United decision has been criticized for undermining democracy by giving corporations more influence over elections than individual citizens.
• 🌐 The concept of corporate personhood has been used to grant corporations rights that surpass those of natural persons.
• 🛑 There is a need for public support and education to build a movement that could lead to a constitutional amendment to redefine corporate personhood.
• 🔄 Historically, conservatives opposed corporate personhood, viewing it as an attack on classical liberal doctrines that prioritize individual rights.
• 🔄 The current political climate, with its shift towards libertarianism, has complicated the debate around corporate personhood and individual rights.
• 🔄 A constitutional amendment to repeal corporate personhood would require significant organizing and educational efforts to gain public support.

Q & A

What is the main issue discussed in the transcript?

The main issue discussed is the concept of corporate personhood and its implications on democracy and power dynamics, particularly how it has evolved from the 14th Amendment and its impact on modern society.

Why is corporate personhood considered a scandal by Professor Chomsky?

Professor Chomsky considers corporate personhood a scandal because it originated from the 14th Amendment, which was intended to protect the rights of freed slaves, but was instead applied to corporations, granting them rights beyond those of natural persons.

How did the concept of corporate personhood evolve historically?

The concept of corporate personhood evolved from the 14th Amendment post-Civil War, which was initially intended to protect the rights of freed slaves but was later applied to corporations by courts and lawyers, without legislative action.

What role did progressives play in the establishment of corporate personhood?

Progressives strongly supported the establishment of corporate personhood as part of their belief in organic institutions being more important than individuals, which was a shift from classical liberal doctrines.

How does corporate personhood affect international trade agreements like NAFTA?

Corporate personhood allows corporations to gain rights under trade agreements that natural persons cannot, such as national treatment, which can lead to the destruction of local businesses and increased immigration.

What is the significance of the Supreme Court case from the 70s mentioned by Professor Chomsky?

The Supreme Court case determined that money is a form of speech, which has led to rulings like Citizens United that corporations cannot have their free speech rights infringed by limiting their campaign contributions.

How does the concept of money as speech undermine democracy according to Professor Chomsky?

The concept of money as speech allows corporations to spend unlimited amounts to influence elections, which undermines democracy by giving them disproportionate influence over political outcomes.

What is the role of the ACLU in supporting the concept of corporate personhood?

The ACLU, along with others, supports the concept of corporate personhood and the idea that money is speech, which contributes to the expansion of corporate rights at the expense of natural persons.

What is the current public sentiment towards corporate personhood according to the transcript?

There is anti-corporate sentiment in the country, but it is unfocused and confused due to the atomized nature of society, which makes it difficult to mobilize support for change.

What does Professor Chomsky suggest as a solution to the issue of corporate personhood?

Professor Chomsky suggests that a constitutional amendment or legislation could be a solution, but it requires significant public support, which needs to be built through organizing and education.

What was the conservative objection to corporate personhood in the past?

In the past, conservatives objected to corporate personhood because it was seen as an attack on classical liberal doctrines that held rights should be for natural persons, not collectivist legal entities.