A Corporation Is Treated as a Legal Person in the Eyes of the Law – GNF Technologies

A Corporation Is Treated as a Legal Person in the Eyes of the Law

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Examine factual situations and determine whether or not a plaintiff can have recourse against another person against a company The First Amendment does not use the word “person” to protect free speech. He simply says, “Congress does not enact any laws. restrict freedom of expression. The use of such general language by the amendment suggests that the question of personality – whether the person speaking is natural or artificial – may indeed not be relevant to a constitutionally correct examination of freedom of expression. The provision aims to protect “freedom of expression” without referring to who speaks, whether one or more, and, if several, how they are organized. The simplest reading of the amendment would therefore protect the speech of individuals and companies and even groups that have not been officially included. All of this seems to support the Conclusion of the United Citizens` Court that the Constitution protects the speaking rights of businesses. Given that corporations have been considered artificial people for millennia, the debate raged over whether they should be granted the same rights as humans long before the passage of the 14th Amendment. Thomas Jefferson had proposed to include in the constitution explicit formulations for the management of the units of the enterprise, such as the demand for maximum life expectancy.

However, its specifications failed to make the cut. And once the 14th Amendment was created, the Constitution actually expanded — rather than limiting the scope of corporate power. So how is it that businesses enjoy the same constitutional protection as individuals? It all started with a court reporter. In his book “Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights,” author Thom Hartmann describes the situation that led to the constitutional protection of corporations. In later cases, this heading was treated as an official part of the decision, and Waite`s conclusion was upheld in subsequent court decisions, from an 1888 case involving a steel mining company to the 1978 Bellotti decision, which gave companies the right to spend unlimited funds on election initiatives as part of their right to free speech in the First Amendment. The dictionary defines “society” as “a certain number of people united in a society for a single purpose”. Companies date back to the Middle Ages, observes John Coffee, a law professor at Columbia, an authority on corporate law. “One would think that the Catholic Church is probably the first entity that could buy and sell real estate in its own name,” he says. For example, the Fifth Amendment to the Constitution states that “no one …

private of. property without due process; Nor can private property be taken for public use without fair compensation. If progressives commit to their original demand, they should say that Fifth Amendment protection does not apply to corporations and never has. This would mean that a company`s assets could be taken arbitrarily, without compensation, for any reason and at any time. Certainly, the American founders, who were ardent defenders of the right to property, did not intend that this passage would protect the property rights only of individuals and not of companies. Among the most discussed and controversial consequences of corporate personality in the United States is the expansion of a limited subset of the same constitutional rights. Identification of the main means by which the operation of the doctrine of distinct legal personality is supplemented or restricted, but an enterprise is more superhuman than human. It can operate beyond the natural age limits that people govern and, as such, produce dividends for its investors, whose share certificates can be desired and passed on as part of their estate. A company does not die with its initiator – it can live indefinitely (as long as it is profitable). A company also doesn`t need the same things as a real person. Businesses don`t need food or water, and they can`t feel pain [source: Hartmann].

First, Tocqueville suggested that no government “could ever be in a sufficient state for the myriad of small businesses that American citizens carry out every day with the help of an association.” In Tocqueville`s America, much of society`s essential work was not done by the government, but by citizens cooperating freely. The Americans formed not only “trade and industry associations,” but also “a thousand other kinds: religious, moral, serious, useless, very general and very special, immense and very small.” They used associations “to found seminaries, build inns, found churches, distribute books, send missionaries to the antipodes” and “create hospitals, prisons, schools.” Tocqueville`s view is as valid today as it was when he wrote it: it is impossible to imagine that the U.S. government today offers all the services – educational, cultural, and charitable – that are currently provided by voluntary associations, including for-profit corporations. Legal Entity means a human or non-human entity that is treated as a person for limited legal purposes.