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Rob Warmowski

Rob Warmowski

Posted: January 22, 2010 05:36 AM

Kill A Company, Face Murder Charges: The Fair Consequence Of Corporate Personhood

What's Your Reaction:

Today's Supreme Court decision in Citizens United, led by corporate enthusiast and Bush appointee Chief Justice John Roberts has fully removed the previous restrictions on corporate speech in political contexts. Arguing that corporate personhood is a legitimate, non-metaphorical construct that calls for the protection of its "free speech" rights, Roberts's majority opinion is a terminal watershed in a thirty-year trend of confusing the country's capitalist economic system for its social framework.

Already deeply corrupted at every level by influence of private interests, with this decision, the entire political and electoral communications process will be placed directly in the manicured hands of big business. The millions of corporate dollars that once stood between you and your government will be fondly remembered after they are replaced by billions of corporate dollars.

Yet, as one door closes, another opens.

Now that the personhood of corporations has been sustained, expanded and leveraged by Supreme Court right-wing activists, what are other ramifications?

Shouldn't it follow that when a corporation is bankrupted -- killed -- by its reckless management that its executives could be found guilty of the capital crime of murder?

To snuff an entity so endowed - that possesses free speech rights, overseas travel rights, legal state citizen rights, the right to sue and be sued, that can be libeled, and other rights -- seems no less than a crime, surely a matter for the justice system.

And wouldn't that help? Wouldn't adding murder charges to the consequences of executive failure in corporate stewardship go a long way toward restoring the long-lost arrangement where the corporation serves the society, as opposed to the other way around?

Put another way, if the the penalty that management faced for causing bankruptcy was an orange jumpsuit instead of a golden parachute, wouldn't we see less wild-west, insanely reckless capitalism from our economic engines?

Say someone at an investment bank cooked up a scam innovated a new instrument to make money by lending money to people who can't pay it back. Today, nobody in that bank worries much about introducing systemic risk - they're too busy trippig over themselves to put the thing on the market. But if the consequences for eventually wiping out the bank included murder indictments, wouldn't we finally see some of that "self regulation" that free-market fundamentalists keep telling us exists?

What if Enron had taken place in today's era of fully realized corporate personhood? Had the company been treated like a murder victim, wouldn't Jeff Skilling be quickly looking at a Texas D.A., a gurney and a needle? Would that very personal risk have caught his attention at all?

If corporations are virtual people, and people can be murdered, and the widespread inclination of our business culture is to sociopathically not regard such murder as crime, shouldn't we do what we have also done for other, less pressing societal problem areas and changed the schools?

Convicted murderers don't usually serve their time in country club prisons. It's my guess we would all benefit greatly if the nation's business schools began "Scared Straight" seminars. This is where big, burly maximum-security convicts march around shouting dire, streety cautions about bad behavior at the impeccable haircuts of Wharton and Kellogg.

Practical skills training would follow. Something tells me that introducing MBA students early on to jailyard socialization techniques, effective shiv sharpening and how to make wine in the toilet might actually orient them to reject, rather than revel in and celebrate a culture of unaccountability. It might get them to take seriously the full expectations of corporate personhood as a social responsibility and legal theory.

I know: I make a terrible law student. In my defense, I never went to law school.

What's John Roberts' excuse?

 

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11:53 AM on 01/22/2010
It's the right idea in the wrong direction. If a corporate kills a person shouldn’t it be subject to the same punishment as a natural person i.e. life in prison of the death penalty? The same applies to all of the other laws that corporations routinely break. A fine is just the cost of doing business but if the penalty were month or years in prison (trusteeship doing no business) perhaps corporate persons might start acting like good citizens
06:20 PM on 01/23/2010
Terrific insight. To carry this idea further, consider the corporate Board Members that order the corporation to engage in the slaughter of thousands of Americans by polluting the water. Shall we not convict and execute them? For those corporations that believe in polluting our air with their fossil fuel, should they not report to the World Criminal Court, and do so, promptly, in shackles? And for those Pharma companies that refuse to utilize a nonproprietary automated clinical trial data collection system (lowers cost of bringing drugs to market by at least 70%), thus leading to the deaths of literally 100,000 needless deaths each year, should the Board Members and executive officers not be hung by their toes until death ensues?
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Downrivers
Siskiyou Mountains
10:43 AM on 01/22/2010
Hugo Chavez can now spend $BILLIONS to influence US elections so long as CITGO writes the check.
10:29 AM on 01/22/2010
Fine with me! Throw in a '3 strikes law' for those corporations convicted of felonies and I'd really be ecstatic. Something must be done when some 'persons' under the eyes of the law are afforded the benefits of being a person with none of the liabilities.
HUFFPOST SUPER USER
ssfahrer
03:56 PM on 03/01/2010
Actually, we should be getting rid of "3 strikes laws" against ALL legal persons. Too discriminatory. Besides, when the government is the enemy of the people-- as it often is-- to violate its dictates maybe the MORAL thing to do.... MORE THAN THRICE!
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HUFFPOST SUPER USER
hswanson2
Could you work if farmers didn't
09:15 AM on 01/22/2010
The decision bestowing corporate "personhood" has just been carried too far (though the original decision doesn't clearly do this). Not only is murder of a corporation a logical conclusion but why can't a corporation be jailed for wrongdoing and eventually shouldn't US born corporations have the right to vote. If they can vote they ought to be able to run for president or congress after they have reached the appropriate age. The president should also be able to appoint corporations to sit on the supreme court. Wait that just made the whole electoral process moot corporations can just represent themselves instead of buying actual people to do it for them.
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WASanford
I think, therefore I am mad as hell!
10:27 AM on 01/22/2010
You have a truly devious mind. I love how it works!
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ssfahrer
03:58 PM on 03/01/2010
Not that devious. I agree 100% with hswanson2. I've been calling for a corporate voting right -- "One Corporation, One Vote"-- for a while. to much ridicule and scorn. However, I still believe in the concept and will fight for it where ever I can!
08:19 AM on 01/22/2010
Wow the Left hates corporations so much its not funny. Here's a clue. Corporations produce jobs and revenue. Not government which serves only as a drain on wealth accumulation and the economy. The government is parasitic. Corporations produce and create. So then we must logically conclude that since the Left has a deep seated hatred of Capitalism and corporations, then what they must want and love is the opposite - Left Wing extremist Communism.

So,by using your logic, then what of a small business, or a Limited Liability Corporation owned by one guy or gal? Lets say "Lisa the Lefty" owns her own small LLC "Granola Heads R Us". She ends up going bankrupt. So now you Left wing nuts want her tried for "murder"? LOL The desperation that you are showing by the rapidly changing political landscape and your "Brave New Utopian World" that you thought you had in the bag, that "Thousand Year Demokrat Reich" that you swore was now in effect with 2008, is becoming comical.

But seriously, Dems, don't change a thing. Keep thinking they way you do, keep up the arrogance and dismissiveness by all means! Here, let me agree with you. "You guys are "right!" Don't change a thing!
10:37 AM on 01/22/2010
First of all, this isn't about hating corporations, it's about corporations being treated as if they are individuals with individual human rights. Corporations are, in the simplest sense, groups... and if we decide that we're going to make no distinction under the law between individuals and groups, we're inviting a whole new pile of problems. As for the idea that corporations produce jobs... try again. Small business and the public sector have created far more jobs than corporations ever have. Do some research if you don't believe it.

Let's not forget that without governance, the conditions that allow anyone the opportunity to do business would not exist. Now about government being parasitic, I suppose you mean taxes. Look up info on corporate tax credits, which allow some to get away with paying very little tax (and guess who makes up the difference?), or corporate subsidies (at least $75 billion a year goes to Fortune 500 companies). They are not being hurt by taxes, at all.

BTW, in the bankrupt small business example you used, that would be more like suicide or accidental death, not murder. If you're going to use such a ridiculous example, at least get it right.

I'm not even going to bother commenting on the rest of the non-sense you posted, except to say: we allowed unfettered, rampant corporatism for years, and it got us where we are today.

Time's up.
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Downrivers
Siskiyou Mountains
10:59 AM on 01/22/2010
This is not about the left or the right. Hugo Chavez can now spend $BILLIONS to influence US elections as long as CITGO writes the check
08:07 AM on 01/22/2010
Love this idea! Orange jumpsuit instead of golden parachute! Brilliant! What a mess this ruling going to cause...
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MNKen
You're not the boss of me...my cat is!
07:41 AM on 01/22/2010
Another consequence would be for the CEOs who come in, spend a few months and decide they don't want to stay with the company. Now they take their golden parachute and jump. What if it is called "divorce" and they had to pay "alimony" equal to their entire salary for the few months they were at the company?