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Tue Jan 29, 2013, 06:07 PM

Can a corporation be sued?

If so... why?

It isn't a person.

A rock cannot be sued. A cow cannot be sued.


I see the need for some limitation of the expressive rights and political rights of for-profit business entities, but corporate person-hood is not, in itself, an absurd concept, or a recent one. In its basic form it has been around for centuries.

If a corporation was not, legally, a person-like entity it could not enter into contracts or be a party in a law suit. We create these virtual legal persons to represent groups and interests.

The Scalia-era SCOTUS did not create corporate person-hood. It extended expressive political rights to such person-like entities. I suspect a later court will reign that in somewhat.

The question is how fully it is a person.

A ways back there was a sinister precedent that the 14th Amendment applies to corporations... which it should in some ways, but not fully.

For instance, if taken all the way, the 13th and 14th Amendment would prevent a corporation being owned by the stockholders. That would be slavery, right?

Like so many things, the whole corporate person-hood issue is complicated as heck. They cannot vote. They cannot be drafted. They cannot be charged with criminal offenses the same way a person can... and can't very well serve time if they could.

There will be some way found to finesse the expressive rights matter... but it will require finesse. DU is a corporation that supports candidates right up until election day... it's tricky.

After a few more Obama appointments, though, I think Citizens United will be defanged... with finesse.

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Reply Can a corporation be sued? (Original post)
cthulu2016 Jan 2013 OP
htuttle Jan 2013 #1
hughee99 Jan 2013 #2
Swamp Lover Jan 2013 #3

Response to cthulu2016 (Original post)

Tue Jan 29, 2013, 06:09 PM

1. As a matter of fact, a rock or a cow, or a truck CAN be sued and charged

...if determined by a cop that they were obtained as the result of illegal drug profits (cf. Civil Forfeiture).

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Response to cthulu2016 (Original post)

Tue Jan 29, 2013, 06:10 PM

2. The government can be sued.

The Topeka Kansas Board of Education was sued. They're not people either.

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Response to cthulu2016 (Original post)

Tue Jan 29, 2013, 06:12 PM

3. Of course a corporation can be sued. The point of a corporation is to make it an entity.

 

A gov't can be sued, a church can be sued, a club can be sued, a neighborhood association can be sued.....

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