Brief Introduction to Corporate Personhood

Under our Constitution, individual persons are granted various rights and protections which we are quite familiar with: rights to free speech, assembly, association, religion, protection from self-incrimination, and many more. We are protected from the federal government directly through the Bill of Rights Amendments and case law interpretations, and we are protected from potential egregious state government action through the equal protection clause of the 14th Amendment.

However, what about a business, such as Microsoft? Under the law, it is afforded many protections that are normally given to flesh and blood, living and breathing human beings, a concept known as "Corporate Personhood". In terms of commercial business it only makes sense that a corporation should have the right to own property and to enter into contracts; it would be quite difficult to picture the operation of a corporation which did not possess such rights. But what about other rights, such as the right to free speech? Should a corporation be allowed to say anything it likes (assuming of course it doesn't incite violence or otherwise fall under the restrictions to free speech that everyone must observe)? Should a corporation be restricted when engaging in the political process or should it possess all of the rights that individuals possess?

The following weeks will see further examination of the issue of corporate personhood, including the history of how it developed as well as current events, including a case before the Supreme Court this year which may have important ramifications on a corporation's restrictions on campaign financing. Those interested in reading about a more in depth study of the issue may wish to read the Wikipedia entry, though always remember the caveat about Wikipedia articles: though they are often self-regulated by the online community with a general aim for neutrality, anyone may edit an article and say whatever they wish, so always approach the subject material with a degree of suspicion as to its authenticity.