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Krasmaniandevil t1_j5rd56y wrote

Reply to comment by Anathos117 in On Whether “Personhood” is a Normative or Descriptive Concept by ADefiniteDescription

I believe that a conditional exemption would have been consistent with judicial minimalism, stare decisis, and deference to a coequal branch.

Personally, I think Citizen's United is an intentionally overbroad ruling that's predicated on creating a false choice and erring on the side of our corporate overlords (look at their waiver analysis and tell me it's applied the same way in other cases).

I also think they entirely devalued the interests in actual corruption, perceived corruption, and foreign interference.

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Anathos117 t1_j5rdsaq wrote

> Personally, I think Citizen's United is an intentionally overbroad ruling that's predicated on creating a false choice and erring on the side of our corporate overlords (look at their waiver analysis and tell me it's applied the same way in other cases).

That's a far different statement than your original claim that "Corporate personhood is a legal fiction, or at least it was until Citizens United..."

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Krasmaniandevil t1_j5rfajm wrote

My argument: Citizens United characterized corporations as "associations of citizens" to reach a result that is functionally equivalent to saying corporations have 1A rights so long as they use a third party entity. This holding was not dictated by precedent, and the court consciously rejected an approach that would have adjudicated the question in Citizen's United's favor on narrower grounds without doing violence to the primary purpose of the statute(s) in question.

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