Podcast: On the Media (LS 74 · TOP 0.05% what is this?)
Episode: Corporations Were Always People
Pub date: 2020-02-19

Notes from The Progressive:

The principle of corporate rights has a long history of litigation, predating the founding of the United States. This episode adds context to several of these cases, explaining why Citizens United's use of 'corporate personhood' was not unique and how the 14th amendment was used to try to advance business rights.

No discussion of money and politics is complete without a tip of the hat to Citizens United, the landmark Supreme Court ruling of 10 years ago that recognized corporations as people and their money as speech.

That ruling was followed a few years ago by the Hobby Lobby decision, giving business owners the right to flout federal law based on their religious beliefs. To many Americans, particularly on the left, both rulings were bizarre and ominous expansions of corporate rights. But, if you think this is the novel handiwork of a uniquely conservative Supreme Court, you haven't been paying attention to the past three or four hundred years of court cases and American history.

Adam Winkler, professor of law at UCLA, is the author of We the Corporations: How American Business Won Their Civil Rights. He told us in 2018 that the principle of corporate rights has been litigated forever and predates our very founding.

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