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Court Declares Corporations Are People, Some Human Beings Are Not

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marmar Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 10:29 AM
Original message
Court Declares Corporations Are People, Some Human Beings Are Not
from Reclaim Democracy!:



Court Declares Corporations Are People, Some Human Beings Are Not

Print-friendly Page By Jeffrey Kaplan
Published February 8, 2008



In evaluating allegations that U.S. military forces deprived four British men of human rights during two years they were held captive in Guantanamo Bay prison, a U.S. appeals court found an innovative way to let the Bush administration off the hook. Two of three judges ruled the men -- because they are not U.S. citizens and, technically, were not imprisoned in the U.S. -- were not legally "persons" and, therefore, had no rights to violate.

While those judges were defying common sense and decency by denying legal personhood to living human beings, an appeals court in Boston has been reviewing an April 2007 decision by Federal Judge Paul Barbadoro that engaged in a different form of judicial activism -- granting human rights to corporations.

Barbadoro struck down a New Hampshire law that prevented pharmaceutical corporations from learning exactly what drugs doctors prescribe and how much they prescribe. The law aims to protect doctors and, indirectly, their patients, from drug companies pressuring doctors to choose their products.

The judge's grounds? He claims corporations, as legal persons, have "free speech rights" that would be infringed by such a measure.

The real issue in these cases (Maine recently passed a similar law) isn't free speech at all; it's manipulation and control. The drug salespeople only will decide what to say after poking into the doctors' prescription records. Under the guise of protecting speech, Judge Barbadoro denied both legitimate privacy rights of doctors and key protections to ensure patients are prescribed drugs based on their medical situation, not pressure ensure patients are prescribed drugs based on their medical situation, not pressure applied to their physician. .....(more)

The complete piece is at: http://reclaimdemocracy.org/personhood/guantanamo_human_persons.php



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Demeter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 10:33 AM
Response to Original message
1. Put It on the Fix-It List
Just wait til we get to declare Bushbots non-persons!
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Cirque du So-What Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 10:36 AM
Response to Reply #1
4. I will continue to consider them persons
'Prisoners' is my personal choice, but still persons nonetheless.
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porphyrian Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 10:33 AM
Response to Original message
2. This only further solidifies the set precedent of corporate personhood by law. -n/t
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thunder rising Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 10:33 AM
Response to Original message
3. Ain't that America. Home of the free corporation. All that's needed now is corp voting rights
You know, just bundle all our employees (their loyal to the corp anyway, you know) and we'll make the decisions for them.
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mediaman007 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 10:37 AM
Response to Original message
5. I'm guessing that the person vs. corporation question won't be
a topic for any of the debates.

Move along now, nothing to see here.
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Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 10:38 AM
Response to Original message
6. If corporations are people, then draft them
Put them into obligatory military service for the country from which they've profited so hugely.

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Demeter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 10:42 AM
Response to Reply #6
8. And Tax Them!
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Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 10:49 AM
Response to Reply #8
9. Oh, now you're just talking crazy!
Corporations should never be required to pay tax, because of all the wonderful things that they do for society-at-large.


Hmm...

Now I can't decide whether to go with :sarcasm: or :puke:
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RC Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 10:57 AM
Response to Reply #8
10. Tax them? Can't happen.
Edited on Sun Feb-10-08 11:01 AM by RC
As Persons, they make way too much money to be taxed at any reasonable level.

Orrex: I wonder what the rational will be not to draft them into any of our wars. Won't happen because suddenly they won't be People, but a good idea anyway.
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Demeter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 01:06 PM
Response to Reply #10
14. Blackwater Drafted?
Edited on Sun Feb-10-08 01:07 PM by Demeter
How would they pay the executives their salaries, bonuses, perks, and where would the political bribe money come from?

Can't do that on a soldier's pay.
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OneGrassRoot Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 10:40 AM
Response to Original message
7. Thank you. K&R!
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windoe Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 12:04 PM
Response to Original message
11. Corporations are just a front
for the elite family heist of all the private wealth of this country. They will call it a recession, depression, 'hard times' and call on citizens to bear the burdens of it, but nothing will stop the flow of money and property from private hands to elite ownership, unless we find a way to stop them.
I am presently reading Thom Hartman's. We The People- A Call to Take Back America. Oh Gods are we royally screwed.
It will be great to have a Democrat in the White House, at least less damage will be done to this country than *, but I am afraid the robbery will go on nomatter what behind the scenes, unless more people wake up. Havent finished the book yet, it is blowing my little mind.
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dansolo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 12:26 PM
Response to Original message
12. Free speech?
Irregardless of what your opinion is about the "personhood" of corporations, they have no right to compel any information from doctors. Doctors are prohibited from revealing any medical records to any "person", so even if you grant "personhood" to a corporation, they still are not entitled to that information. Unless this judge is suggesting that HIPAA is unconstitutional?
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Demeter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 01:09 PM
Response to Reply #12
15. State of Mich Compells Doctors To Report to Child and Adult Protective Services
so the precedent is already there.
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malaise Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-10-08 12:29 PM
Response to Original message
13. The logic of this ruling is that only
Americans are human. So WTF am I? :shrug:
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RuleOfNah Donating Member (603 posts) Send PM | Profile | Ignore Mon Feb-11-08 12:02 AM
Response to Reply #13
16. Obviously you are too smart to be an American!
Has my country really become land of the dumb and home of the dumber? How can these Republicans, supposedly professionally trained, try to pass off legal idiocy as grave and important lawyerly work without dying from the shame? Why do these laughing stocks remain as artificially inflated as the DOW?
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