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8ackgr0und N015e 8ackgr0und N015e is offline
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Default Whole Foods CEO: No corporation should ever be prosecuted for crimes


Logan Shaw wrote:
> HGF wrote:
> > Ok, don't ever prosecute a corporation for crimes cuz they're not a
> > person, then don't let them purchase political candidates under the
> > guise of free speech either...

>
> I thought the whole point of corporations, from a legal standpoint,
> was that they are legally equivalent to a person in many respects.
> They can own property, they can be held liable for things, etc.
>
> - Logan


It's a legal fiction based on the misreading of Santa Clara County v.
Southern Pacific Railroad Company (118 U.S. 394). The argument made by
the Railroad was that under the 14th amendment they could claim an
equal protection right against the actions of Santa Clara County which
was trying to collect taxes for land use according to a formula that
was not applied to other individuals. However, the court ignored that
aspect of the Railroad's case and focused on the fact that the formula
for determining taxes was vague and unenforceable.

Nonetheless, the notion that the 14th amendment applied to corporations
as individuals became an accepted legal fiction.

Of late, this has been extended to include the 1st amendment right of
free speech, as indicated by advertising for political candidates.

The fourth amendment rights have already been asserted to defend
against surprise health inspections.

It will not be long before the second amendment rights are
asserted...then look out!