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View Diary: Ending the criminal insanity of the concept of corporations as people (280 comments)

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  •  An interesting point I've seen... (4+ / 0-)

    observes that the key function of the corporation is that it creates a veil (largely impenetrable) between the owner(s) and the fictitious legal person of the corporation.

    The idea that a corporation has a right to speech arises out of the notion of corporate personhood (a loser!), but also the legitimate (but regulable!) interest a business has in things like advertising.

    The notion that the corporate veil could be pierced, however, to permit the owners to impose their religious beliefs on the corporation -- clearly changing at the whim of the owners, who might change their views, as Americans are relatively wont to do -- and that the corporation could then impose those views on its employees turns the veil into a one-way membrane.

    That would a dramatic change in the fundamental nature of corporate law. A corporation could then have political opinions, and presumably object to money it is paying to, say, a union, being spent on political causes it objects to or disagrees with.

    But wait, you say, that money would simply be the employee's money, which the corporation turns over on behalf of the employees to the union.

    Indeed, indeed.

    And the same is absolutely true of this case. The money being spent "by" Hobby Lobby and other corporations whose purported beliefs are offended by some of the medical care that money will purchase is... not Hobby Lobby's money. It is the employees' money, part of the benefits they are paid. And it is absolutely none of the corporation's business who or what its employees spend their money on.

    "Be just and good." John Adams to Thomas Jefferson

    by ogre on Wed Nov 27, 2013 at 08:01:45 AM PST

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