Noam Chomsky - Corporate Personhood

Chomsky's Philosophy

28 Apr 201507:56

Summary

TLDRProfessor 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.

Outlines

00:00

📚 Corporate Personhood and Its Impact

In this paragraph, Professor Chomsky discusses the concept of corporate personhood, which he describes as a 'real scandal'. He traces the origin of this concept back to the 14th Amendment post-Civil War, which was intended to protect the rights of freed slaves but was instead applied to corporations. Over time, corporate personhood has been expanded, granting corporations rights beyond those of natural persons. He cites examples like General Motors receiving national treatment in Mexico, which undermines local businesses. Chomsky also touches on how the 14th Amendment has been restricted in ways that exclude undocumented immigrants from rights, highlighting a dual standard. He concludes by discussing the Supreme Court case that equated money with speech, leading to the Citizens United decision, which allows corporations to spend unlimited money in elections, thereby undermining democracy.

05:00

🗳️ The Challenge of Constitutional Amendment

In this paragraph, Chomsky addresses the idea of a constitutional amendment to repeal corporate personhood and define persons as natural persons only. He acknowledges the importance of such an amendment but points out the challenge of gaining substantial public support. He suggests that there needs to be significant organizing and educational efforts to build a groundswell of support for restoring the 14th Amendment. Chomsky also reflects on historical opposition to corporate personhood from classical liberals and conservatives, contrasting it with the current lack of focus and confusion among the public. He emphasizes the need for work to build popular support for legislative changes that could challenge the current corporate influence on democracy.

Mindmap

Keywords

💡Corporate Personhood

Corporate personhood is the legal concept that corporations have some of the same rights as individuals, such as the right to free speech. In the video, it is criticized as a 'scandal,' especially for allowing corporations to wield disproportionate power compared to human beings. This doctrine stems from interpretations of the 14th Amendment and has expanded over time, contributing to corporate influence over politics and society.

💡14th Amendment

The 14th Amendment was originally intended to protect the rights of freed slaves, ensuring no person could be deprived of their rights without due process. However, Chomsky points out that instead of protecting former slaves, the amendment has primarily been used to extend rights to corporations under the concept of corporate personhood. This expansion has led to the undermining of individual rights in favor of corporate interests.

💡Neoliberalism

Neoliberalism refers to a political and economic ideology that favors free-market capitalism, deregulation, and reduced government intervention. Chomsky mentions the shift in global power from the workforce to transnational capital, which has escalated during the neoliberal era. This reflects the growing dominance of corporations and the erosion of workers' rights and protections.

💡Citizens United

Citizens United is a landmark Supreme Court case that ruled corporations and unions could spend unlimited amounts of money on political campaigns, viewing this as an extension of free speech rights. In the video, Chomsky critiques this decision as a blow to democracy, as it allows corporations like General Electric to 'buy elections,' further concentrating power in the hands of wealthy entities.

💡Free Trade Agreements

Free trade agreements, like NAFTA, are discussed in the context of corporate power. Chomsky argues that these agreements have less to do with actual free trade and more to do with granting corporations rights that surpass those of individual citizens. For example, General Motors in Mexico enjoys protections that Mexican businesses do not, which contributes to the destruction of local industries and increases immigration pressures.

💡National Treatment

National treatment refers to the principle in trade agreements that foreign businesses must be treated as if they were domestic companies. Chomsky explains how this principle, when applied to corporations under agreements like NAFTA, helps destroy local industries by allowing large foreign corporations to compete unfairly. While corporations benefit from this, human immigrants do not receive similar rights when moving to other countries.

💡Public Trust

Public trust is the idea that certain institutions, like the media, are expected to act in the public's interest by providing honest and objective information. Chomsky contrasts this with corporations, which are not held to the same standard, yet they receive similar legal rights under the guise of free speech. He critiques the assumption that corporations like General Electric should have the same speech rights as institutions that serve a public trust, such as CBS or The New York Times.

💡Constitutional Amendment

A constitutional amendment is a change or addition to the Constitution, which Chomsky suggests could be a way to reverse the harmful effects of corporate personhood. However, he notes that achieving such an amendment would require widespread public support, and this would necessitate extensive organizing and education efforts to build a movement strong enough to demand such a change.

💡Classical Liberalism

Classical liberalism is a political ideology that emphasizes individual rights and limited government. Chomsky points out that when corporate personhood was being established, classical liberals and conservatives objected to it because they believed that rights should belong to individuals, not corporations. He argues that modern conservatives no longer adhere to these classical liberal principles, having shifted to supporting corporate power.

💡Libertarianism

Libertarianism is an ideology that advocates for minimal government intervention in personal and economic matters. Chomsky critiques modern libertarians, claiming that they support corporate power in ways that contradict true libertarian values, which should focus on individual freedom rather than expanding the rights of powerful corporate entities. He suggests that what is now called libertarianism has drifted far from its original ideals.

Highlights

Corporate personhood is described as a real scandal, highlighting the expansion of corporate rights beyond those of natural persons.

The 14th Amendment, originally intended to protect freed slaves, was used primarily to benefit corporations.

Corporate personhood was not firmly established by legislation but through court rulings and the influence of lawyers over the years.

Progressives, including figures like Woodrow Wilson, supported corporate personhood, seeing corporations as 'organic institutions' more important than individuals.

Corporations have gained rights far beyond natural persons, as seen in free trade agreements like NAFTA, which grants corporations privileges not extended to individuals.

NAFTA contributed to the destruction of Mexican business and agriculture, leading to increased immigration to the U.S., a situation anticipated by the Clinton administration.

The militarization of the U.S.-Mexico border began in 1994, right after the passage of NAFTA, to manage expected migration due to economic displacement.

Courts have both expanded corporate rights and restricted the rights of natural persons, such as undocumented immigrants who are denied the same protections under the 14th Amendment.

A Supreme Court ruling in the 1970s determined that money is equivalent to speech, further amplifying corporate influence in politics.

The Citizens United decision extended corporate free speech rights, allowing corporations to spend unlimited amounts of money on elections.

Justice Kennedy’s argument in Citizens United compared the free speech rights of corporations like General Electric to those of media corporations like CBS and The New York Times.

The expansion of corporate personhood represents a significant threat to the foundations of democracy by undermining the influence of the electorate in favor of corporate power.

Election costs have skyrocketed due to the influence of corporate spending, which was exacerbated by Citizens United.

A constitutional amendment to repeal corporate personhood would require substantial public support, necessitating widespread organizing and education.

There has been historical opposition to corporate personhood from classical liberals and conservatives, who viewed it as an attack on the doctrine that rights should be inherent in natural persons.