金钱也应该有话语权吗?

美国最高法院对公民联合会(Citizens United)的判决引发了一个重要问题:公司也应该享有和个人一样言论自由权吗?Brian Pellot介绍了这个案例。

在2010年“公民联合会诉联邦选举委员”一案中,美国联邦最高法院的判决实际上宣告了宪法第一修正案中的言论自由权不仅适用于个人,也适用于公司和工会。这个案件源于右翼的非营利公司“公民联合会”试图在2008年民主党总统侯选人初选前夕放映一部批评希拉里·克林顿的纪录片。法院的判决推翻了2002年《两党活动改革法案》(Bipartisan Campaign Reform Act)中关于禁止在公司资助的政治广告中直接提及联邦选举候选人姓名的规定。许多批评者(包括奥巴马总统在内)都认为这样的判决只会让那些既有钱又有政治目的的公司通过无限制的花费造成话语权的严重不平等,进而颠覆民主。

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  1. 您的评论正在等待审核。

    All of you raise interesting and valid points. Dinatee’s idea of a spending cap is a perhaps good one, primarily because this is how things DID work before Citizens United. Troubling developments, like Sheldon Adelson’s recent $10 million contribution to a pro-Romney super-PAC (political action committee), confirm the need for the Citizens United decision to be overturned. Let’s keep a close eye on how super-PAC donations from the super wealthy affect the electoral outcome in November.

    http://www.motherjones.com/mojo/2012/06/sheldon-adelson-10-million-restore-our-future-super-pac

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    This decision absolutely strikes me.

    It threatens a principle enshrined in law for many years that corporations, because of their artificial legal nature and special privileges pose a unique threat to American democracy.
    One could certainly argue that a corporation that is allowed to free speech has a higher leverage than individuals in regard to power relations. Free speech thus becomes a power question, not a legal one.
    The American elections this year will be driven by an influx of unlimited cash from super-rich Americans and shadowy campaign organisations (super-PACS) that can hide their donors.

    Is that what can be understood as free speech?

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    I wonder if there is a middle ground that would be more appropriate to look into… maybe a cap or a provision that takes into account the organization’s mission (that seems like a legal nightmare, but still…). I admittedly have very rudimentary knowledge of the case, but to me things seem a little less black and white.

    For example, while I do not agree that large corporations should have the power to trump individuals, I also believe that there are a lot of NGOs and, dare I say it, lobbyist organizations who serve as a representative of many whose voices wouldn’t be heard otherwise.

    What I mean to say is, if we only allow individuals to contribute monetarily, then doesn’t that just mean that the wealthiest of individuals can similarly shut out those of us average or below average citizens who would also like to through our support for a certain candidate who may better protect our rights and freedoms as we see it? Don’t some (admittedly a minority) of these organizations bring organization, expertise, and money to stand up for things like women’s rights (how many men are millionaires compared to women), minority rights (same argument), etc?

    I hope this comment doesn’t seem ridiculous as, again, I know little about the case. But I enjoy hearing different opinions and would love to learn more (which is another way of saying this website is awesome)!

    • 您的评论正在等待审核。

      typo: “…below average citizens who would also like to express our speech freely through our support for a certain candidate who…”

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    A corporate body is inanimate therefore cannot possibly have right to free speech which by definition belongs only to humans. However nothing prevents employees of such bodies from speaking about their needs which must not ever superceed human rights, which I suggest is what led to the Bophal disaster in India with the loss of human lives and health. It is right and necessary for Corporations to express views but I suggest to protect the rights of those standing against claimed rights of such powerful bodies they should be provided with equal funding by them to make for a level field of play the cost of which no doubt would be offset against tax so justice could not only be done but seen to be. How different it would have been then for the people in India had such a law been in place at that time would it not?

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    Corporation , though not individuals do play an important role in society in every possible way. Lets take the example of Google and social media like Facebook and Twitter and how has it changed the face of society. These so-called corporations would are responsible for providing a platform for the Arab spring and have provided a voice to the grieving masses which were ignored by the nations. I however also agree with Brian that corporations can mislead the public but this argument can also be used for general current media which has biased views ( like Fox News which has a open conservative agenda) but then why are there no restrictions on them. Inspite of limiting the voice of corporations we should provide regulators that would ban and penalize any forms of false propaganda. Stopping corporations from expressing their message will only lead them to employ illegal means of getting their message to the people by bribing senators and other public celebrities. This attitude can be more dangerous for a democracy and defeats the idea of free speech. Hence , giving corporations a voice is essential for a progressive democracy.

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      Who decides if ‘Propaganda’ is false?

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    Such freedom of expression should be limited to individuals within corporations having the right to express their own views

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“言论自由大讨论”是牛津大学圣安东尼学院达伦多夫自由研究计划下属的学术项目。

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