
Progressive PR firm Murray Hill does a satirical campaign ad running for Congress in response to the Supreme Court decision in Citizens United v. FEC. Screenshot from Murray Hill video on Youtube.
The politicians and media pundits who claim that the U.S. Supreme Court recently “handed our democracy over to corporations” are wrong. The truth is that corporations and other monied special interests have had illegitimate yet intimate access to the inner workings of our supposedly representative, democratic government for some time. This most recent Supreme Court ruling of Citizens United v. Federal Election Commission didn’t change much. Corporations have enjoyed many of the rights of “natural persons” for the past century. Our own Dartmouth College was involved in one of the landmark cases, Dartmouth College v. Woodward, that helped establish the dubious precedent for corporate legal personhood.
This recent decision, which removed ineffective and arguably unconstitutional limits on corporate campaign financial support, came from a case originally about a right-wing anti-Hillary Clinton film that was funded by corporate interests.
That case was then expanded to address the broader question of corporate campaign funding and advertising. On this issue, the Bush-stacked court overturned years of precedent by ruling that corporations should have all the free speech rights of “natural persons.” To the Supreme Court, spending money to advertise for, or otherwise support, a political issue or candidate is equivalent to political speech. We can all thank the Supreme Court for cementing corporations and other powerful (read: financially well off) interests as the loudest political speakers in our “democracy.”
This decision brings about many questions. Are unions included in this new corporate freedom? Can foreign corporations with operations in the U.S. freely inject piles of cash into our politics? Are American corporations American citizens? Can corporations make unlimited direct donations to candidates’ campaigns? Can corporations run for public office? This issue has already come up in Maryland. These debates are far from over and will be big issues in the near future. Most central to the broader issue of corporate personhood, however, is the idea of the corporate person. This fantasy underlies the Supreme Court’s 5-4 decision to allow a new class of “people” more leverage in our political process.
In this case, Justice Anthony Kennedy spoke for the majority when he wrote, “Corporations and other associations, like individuals, contribute to the ‘discussion, debate, and the dissemination of information and ideas’ that the first amendment seeks to foster.”
In other words, corporations and other associations are good democratic citizens that help our democracy function properly. Legally barring them from spending money to alter the political process is a violation of free speech, and a stupid idea if you like democracy. Unfortunately for us, this view of the corporate person clashes with reality. History has proved that corporations, by their very nature, often have decidedly anti-democratic interests.
At its core, a corporation is designed to make a profit and increase in size and prestige. In the 2003 documentary The Corporation, corporate insider and “management guru” Peter Dunker says, “If you find an executive who wants to take on social responsibility, fire him. Fast.”
William Niskanen, chair of the conservative think-tank the Cato Institute, echoed the same sentiment when he said he would not invest in a company that promoted corporate responsibility. These calculating investors stay away from responsible corporations because they think that social responsibility has a way of interfering with maximized profits. The basic idea here, according to investment manager Robert Monks, is that “the corporation is an externalizing machine in the same way that a shark is a killing machine. There isn’t any question of malevolence or will.
The enterprise, and shark within it, has those characteristics that enable it to do that for which it is designed.” Corporations are incredibly efficient at producing goods and making money precisely because they are designed to ignore, among other things, the democratic and social responsibilities that might limit their outputs and profits.
They will destroy environments and poison water supplies to avoid expensive but environmentally appropriate waste disposal costs—that is, if they can get away with it. Why pay for something themselves when they can get someone or something else to bear the cost? They will pay people unfair wages and lock-in their overnight employees. They will sell harmful, lethal, or addictive products while hiding the damning scientific evidence. They can do these things because, according to the CEO of the largest commercial carpet manufacturer in the world, they are specifically designed to “externalize any cost that an unwary or uncaring public will allow it to externalize.”
Far from democratic citizens that constructively contribute to the democratic process, corporations are profit-making machines that are rewarded for any behavior, no matter how anti-social or undemocratic, that increases their bottom line. And they are also frighteningly good at manipulating consumers not only to buy their products, but also to identify with their highly polished and misleading images. The Supreme Court’s decision in Citizens United v. Federal Election Commission will unleash corporate marketing machines on a largely “unwary or uncaring” public, and their wealth will allow them to speak their mind on a scale that no private citizen can match.
Strengthening the paradigm of corporate personhood in this way clearly gives the “rich” special interests an even greater, ever more unfair advantage in the exchange of political ideas. It gives a certain minority group of entities with some similar interests that are often anti-democratic, anti-social, and non-transparent a megaphone to drown out dissenting viewpoints by supporting favorable political candidates and running political issue and campaign ads. Our electoral system already makes it nearly impossible to run a successful campaign without corporate support (unless you are a billionaire who can finance your own campaign), and this decision will only worsen the problem.
But the alternatives, like limiting the amount of money corporations can give to candidates and barring them from running political advertisements, do seem unfair or even unconstitutional. How can we, as a country that values free speech, arbitrarily deny certain interest groups the right to participate in the political process? It is clearly in our democratic interest to have a more level “playing field” of political discourse, but how do we achieve some semblance of fairness without being unfair in the process?
The Oregon Supreme Court faced this dilemma, and their clever solution is a hopeful sign in the ensuing struggle for parity.
A lobbyist for an Oregon-based corporate firm sued the state for limiting the amount of money a corporation could give a politician as a “gift” (a strange Orwellian term for bribe in our system of legalized bribery).
He argued that it was unfair of Oregon to put a “gifting” limit on corporations but not other organizations, and the state court agreed. They conceded that they could not, in good conscience, restrict the freedom for any particular group or person to give a “gift” to a public servant, but they could restrict the amount of money the public servant could accept from any one group or person. This ruling shows us that it is possible to have a fairer political system without trampling on individual or group rights. It is perfectly reasonable for the state to promote fairness in this way.
A better system of public financing for political campaigns would also make it easier for non-corporate candidates to compete with their privately funded counterparts. Policies and politicians have already become products (the “Obama brand” was wildly successful with consumers in 2008). And now corporations and other interest groups are free to spend as much money as they see fit to manipulate us into buying the political products that serve their interests. But the Federal Election Commission could regulate political messages by trying to eliminate the subversively persuasive marketing techniques that have and increasingly will become commonplace in politics.
The inevitable debate over Citizens United v. Federal Election Commission will predictably break down across political party and ideological lines and will unfortunately descend into all-or-nothing hyperbolic arguments: the complete corporate takeover of American politics thanks to the evil Supreme Court on one side, and the tyrannical federal government’s attempt to restrict our freedom on the other. This oversimplified and sensational debate will boost network TV ratings and might help a few candidates get elected, but it won’t help us.
Right now, we are stuck with a political system that has been heavily favoring those wealthy special interests for the past century. This reality has had a drastic, anti-democratic effect on the laws and political landscape of our country, and this decision only made it worse.
But the Oregon Supreme Court’s decision gives us hope for a fairer system. The Supreme Court decision doesn’t change much, which is a testament to how bad things already were, but it does bring an all-important issue to the forefront of people’s minds. It provides proponents of democracy an opportunity to search for novel ways to challenge the very real problem of corporate dominance in our political process. After all, it’s “We the People,” not “We the Incorporated.”





ometimes rape is okay. Wait, no, that can’t be right. Rape is never okay, is it? Wait, what if she’s super drunk? Is that okay? Only if I’m drunk too? No, that can’t be right either. Wait—now, follow me closely on this—maybe, if we’re having sex at my mom’s house and she’s super drunk and I’m not and I’m in my element and everything is going pretty well mechanically…then maybe if she mutters some drunken comment I can maybe construe to be an approval of my thrusting, perhaps then it is okay?
t’s like if you had a house, and you discover that the upstairs bathroom—the floor is a little tilted, so you bring in a contractor and he beefs up the floor and re-lays the tiles and that’s better. And then you’re in your bedroom and you drop a quarter on the ground and the quarter rolls to the other side of the room, and you say, ‘My goodness, another floor that’s tilted.’ Get the contractor back in, he comes and fixes the room. You’ll fix every room in that house, if you’re America, before you say, ‘Maybe the foundation is broken.’ ”
errick Jensen and George Draffan’s Welcome to the Machine: Science, Surveillance, and the Culture of Control challenges the ubiquitous notion that “civilization” is good and natural; technology is, at worst, neutral; and technological progress is not only good, but also the ultimate answer to all of our worldly dilemmas. The basic premise of the book is that industrialized civilization is necessarily unsustainable as it leads to a machine-like society whose success is measured by its ability to efficiently turn the natural world into commodities. I, you, and everyone else serve only as replaceable components of the American machine set up to serve an elite few. Technology allows the state to better control its populous through surveillance, and thus the machine runs more smoothly.
hat do Chris Rock and Linda Kaiser, a sixty year old church secretary from small-town Pennsylvania, have in common? They both seem to think that Michelle Obama’s apparently outspoken and assertive nature will be a burden to her husband as president. Rock joked that as a black woman, Michelle Obama was going to have a hard time being first lady because there’s “too much shuttin’ up in that job.” He goes on to say: “imagine tellin’ your black wife that you president? ‘Honey, I won, I’m President!’ ‘No, we President! And I want my girlfriends in the cabinet!’ ” Linda Kaiser expresses a similar sentiment in explaining why she preferred Cindy McCain to her democratic counterpart, “Cindy seems like she’s laid back and not trying to run her husband…It’s nice to have a brain, but they should let their husband be president.” Michelle Obama certainly made it clear she had a brain by freely expressing her sometimes controversial opinions—for a number of Americans, that was just too much.
he Hood Museum of Art attracted nearly 400 students to the opening of its Black Womanhood exhibit with the irresistible “Hip-Hop in the Hood” party theme. But despite the impressive turn out, many were offended by how the party theme played off two stereotypes of the black community. Student responses included flyers posted around campus and two dinner demonstrations in which proactive students voiced their discontent and anger with the theme.

