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March 2011

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Subject:
From:
John Allison <[log in to unmask]>
Reply To:
Academy of Legal Studies in Business (ALSB) Talk
Date:
Fri, 11 Mar 2011 13:56:41 -0600
Content-Type:
text/plain
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text/plain (173 lines)
Oops, sorry.

John

-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Daren Bakst
Sent: Friday, March 11, 2011 1:29 PM
To: [log in to unmask]
Subject: Re: Citizens United v. Federal Election Commission

I was responding to Ross.

Daren Bakst


On 3/11/11 2:14 PM, "John Allison" <[log in to unmask]> wrote:

> I know that this is what the cases say, of course.  I am quite familiar with
> Citizens United, Bellotti, and other corporate speech cases, and do not need
> for you to show me the way.
> 
> The question is the should, not the is.
> 
> John
> 
> John R. Allison 
> The Spence Centennial Professor of
> Business Administration
> McCombs School of Business
> CBA 5.246
> University of Texas at Austin
> Austin, TX 78712 
> 512-471-9435 
> 
> 
> 
> -----Original Message-----
> From: Academy of Legal Studies in Business (ALSB) Talk
> [mailto:[log in to unmask]] On Behalf Of Daren Bakst
> Sent: Friday, March 11, 2011 1:03 PM
> To: [log in to unmask]
> Subject: Re: Citizens United v. Federal Election Commission
> 
> Actually, it is that corporations have rights to free speech as speakers.
> 
> If you can point to cases that support otherwise, I'd be very interested in
> them.
> 
> Here are some cites:
> 
> See Citizens United (just citing this because it points to other sources as
> well): http://www.law.cornell.edu/supct/html/08-205.ZS.html
> 
> See: First National Bank of Boston v. Bellotti:
> http://supreme.justia.com/us/435/765/case.html
> 
> 
> Daren Bakst
> 
> 
> 
> On 3/11/11 12:55 PM, "Petty, Ross" <[log in to unmask]> wrote:
> 
>> I watched the video but have not read the Supreme Court's decision.  However,
>> past decisions have always emphasized, not the rights of the speaker but
>> those
>> of listeners to hear a plurality of views.  So it is not that corporations
>> have the right to free speech as speakers, but that citizens have the right
>> to
>> hear all views even those that come from corporations.
>>  
>> Ross D. Petty
>> Professor of Marketing Law
>> Zwerling Family Term Chair
>> Babson College
>> 
>> ________________________________
>> 
>> From: Academy of Legal Studies in Business (ALSB) Talk on behalf of John
>> Allison
>> Sent: Fri 3/11/2011 12:03 PM
>> To: [log in to unmask]
>> Subject: Re: Citizens United v. Federal Election Commission
>> 
>> 
>> 
>> But they're spending other people's money, even if they own shares
>> themselves.
>> 
>> John
>> 
>> -----Original Message-----
>> From: Academy of Legal Studies in Business (ALSB) Talk
>> [mailto:[log in to unmask]] On Behalf Of Frank Cross
>> Sent: Friday, March 11, 2011 10:52 AM
>> To: [log in to unmask]
>> Subject: Re: Citizens United v. Federal Election Commission
>> 
>> Management is individuals too, John.
>> 
>> At 10:40 AM 3/11/2011, John Allison wrote:
>>> Question:  Does "that doesn't mean corporations don't have First
>>> Amendment rights.
>>> They are "associations" of individuals." ignore the reality that the
>>> average shareholder has little voice in what management does?
>>> 
>>> John
>>> 
>>> -----Original Message-----
>>> From: Academy of Legal Studies in Business (ALSB) Talk
>>> [mailto:[log in to unmask]] On Behalf Of Daren Bakst
>>> Sent: Friday, March 11, 2011 10:28 AM
>>> To: [log in to unmask]
>>> Subject: Re: Citizens United v. Federal Election Commission
>>> 
>>> I hope that students receive a more accurate picture of the issue than this
>>> piece.  There are so many flaws with the video, it is tough to know where to
>>> begin.
>>> 
>>> Actually, I'll start from one of the first lines about the problem with
>>> campaign ads getting worse because of Citizens United.  That's interesting
>>> because there is little to no evidence that the "recent" decision had any
>>> impact on the last election cycle (not to mention, it is unclear what is
>>> wrong with campaign ads).  Further, states across the country already have
>>> allowed corporations to spend money from their general treasuries for
>>> independent expenditures without it creating some crisis in those states.
>>> 
>>> The issue of a corporation not being a person is a silly argument--we know
>>> this, but that doesn't mean corporations don't have First Amendment rights.
>>> They are "associations" of individuals.
>>> 
>>> Should newspapers, such as the NYT, be barred from running commentary (they
>>> are corporations and spend money that refer to candidates).  What about book
>>> publishers--should they be scared about publishing a book because it
>>> mentions a political candidate?  Interesting that not once did I hear
>>> anything about unions.
>>> 
>>> The biggest problem with the video and the most disturbing actions of some
>>> critics of Citizens United is this unwarranted and vicious attack on the
>>> Supreme Court as an institution and the questioning of the justices'
>>> motives.
>>> 
>>> Daren Bakst, J.D., LL.M.
>>> Director of Legal and Regulatory Studies
>>> John Locke Foundation
>>> 
>>> 
>>> 
>>> 
>>> On 3/11/11 10:55 AM, "Susan Rogers" <[log in to unmask]> wrote:
>>> 
>>>> Thanks! this is just what my students need!
>>>>> 
>>>>>> Annie Leonard, creator of Story of Stuff, explains the Corporate
>>>>>> Personhood fiasco that Democracy has gotten itself into
>>>>>> 
>>>>>> 
>>>>>> 
>>>>>> 
>>> <http://storyofstuff.org/citizensunited/>http://storyofstuff.org/citizensuni
>>>>>> ted/
>>>>>> 
>>>>> 
>>>> 
>> 
>> Frank B. Cross
>> Herbert D. Kelleher Centennial Professor of Business Law
>> McCombs School of Business
>> University of Texas
>> CBA 5.202 (B6500)
>> Austin, TX 78712-0212
>> 512.471.5250 

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