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  • Repost: Corporate Fascism is just a Supreme Court Decision Away

    Duke Law has a more careful, legal, analysis of this case at http://www.law.duke.edu/journals/djc...howitem&id=108, concluding with the following:


    Chief Justice Roberts and Justice Alito will likely apply the Federal Election Commission v. Wisconsin Right to Life, Inc. to feature-length films, but make it clear that feature-length films containing the WRTL factors (mentioning an election, taking a position on a candidate's character, etc.) may nevertheless be interpreted as something other than the functional equivalent of express advocacy depending on the film's substantive content. They may even develop additional factors to consider when applying the WRTL test to feature-length films. The Austin v. Michigan Chamber of Commerce concern that corporate wealth could corrupt the electoral process will be tantamount to their analysis. They will likely hold that where there is a self-selecting audience, corruption of the electoral process is less of a risk and therefore the government would not further a compelling interest by banning the film.

    Justices Scalia, Thomas, and Kennedy will probably concur in the judgment but continue to maintain that McConnell v. Federal Election Commission and Austin should be overruled, which would free all independent corporate expenditures from speech restrictions and make the VOD broadcast of Hillary prima facia acceptable.
    If a 5-4 majority results, Justices Roberts and Alito will be the authors of the leading opinion and their judgment will be the law for applying BCRA section 203 to films like Hillary. It is hard to predict how Justices Souter, Ginsberg, Stevens, and Breyer will vote. They are generally favorable to the restrictions imposed by BCRA section 203,127 but they may be persuaded that the element of viewer choice changes the calculus by eliminating or reducing the interest the government has in restricting such speech.
    In any event, Citizens will likely prevail in the Supreme Court, freeing it and similar groups -- on both sides of the political spectrum -- to produce and distribute films like Hillary to self-selecting audiences during future pre-election periods. This would be a desirable result because there are plenty of biographical targets in Washington whose political merit and professional credentials, or lack thereof, should not be shielded by campaign finance laws that derogate the First Amendment.
    P.S. What the heck? How did my post, intended to be about #5 in this thread, end up ahead of jtabeb's orginal post, now lowered to #2? Me thinks the iTulip forum software database was out partying too late last night.
    Most folks are good; a few aren't.

  • #2
    Repost: Corporate Fascism is just a Supreme Court Decision Away

    Sorry, I meant to start this in the public forum, it is in select now. This is a repost of that link (commentary is still in select).

    Fred Could you please fix if able?

    Thanks

    You know we are screwed when someone as thoughtful as Bill Moyers is, and who's only interest is to serve the public good, can't help but SPIT, they are so angry. (Watch his closing commentary, he has to stop himself he wants to curse so bad).

    Well to those of you who said it COULDN'T happen here, you were wrong. The court has taken this on as an exemplar case to finally reverse the existing body of law to PROTECT CORPORATE communication as FREE SPEECH. A turn about of 100 years of established law.

    For those of you who study your history you will be heartened to learn that this is how Mussolini and Hitler came to power.

    When Corporate For-Profit enterprise can use their legally protected ability to gather profits and with their limited liability protection and with the power to use that sharholder purse of funds to influence policy that advances their competitveness, democracy has died and fascism has arisen in it's place.

    This case, should the court find in favor of protecting corporate speech, will change the US forever.

    Those that thought the masses would bankrupt democracy by supporting elected officals that would grant them increasing entitlements were wrong. It is the CORPORATE Sphere, that will do so. Through poltical capture, then regualtory capture, and finally through the capture of free speech it self.

    If we are indeed on the road to hell, we have just taken a giant step forward.

    I will leave you with the commentary of Bill Moyers:

    BILL MOYERS:
    The editors of THE ECONOMIST magazine say America's health care debate has become a touch delirious, with people accusing each other of being evil-mongers, dealers in death, and un-American.

    Well, that's charitable.

    I would say it's more deranged than delirious, and definitely not un-American.

    Those crackpots on the right praying for Obama to die and be sent to hell they're the warp and woof of home-grown nuttiness. So is the creature from the Second Amendment who showed up at the President's rally armed to the teeth. He's certainly one of us. Red, white, and blue kooks are as American as apple pie and conspiracy theories.

    Bill Maher asked me on his show last week if America is still a great nation. I should have said it's the greatest show on earth. Forget what you learned in civics about the Founding Fathers we're the children of Barnum and Bailey, our founding con men. Their freak show was the forerunner of today's talk radio.

    Speaking of which: we've posted on our website an essay
    by the media scholar Henry Giroux. He describes the growing domination of hate radio as one of the crucial elements in a "culture of cruelty" increasingly marked by overt racism, hostility and disdain for others, coupled with a simmering threat of mob violence toward any political figure who believes health care reform is the most vital of safety nets, especially now that the central issue of life and politics is no longer about working to get ahead, but struggling simply to survive.

    So here we are, wallowing in our dysfunction. Governed if you listen to the rabble rousers by a black nationalist from Kenya smuggled into the United States to kill Sarah Palin's baby. And yes, I could almost buy their belief that Saddam Hussein had weapons of mass destruction, only I think he shipped them to Washington, where they've been recycled as lobbyists and trained in the alchemy of money laundering, which turns an old-fashioned bribe into a First Amendment right.

    Only in a fantasy capital like Washington could Sunday morning talk shows become the high church of conventional wisdom, with partisan shills treated as holy men whose gospel of prosperity always seems to boil down to lower taxes for the rich.

    Poor Obama. He came to town preaching the religion of nice. But every time he bows politely, the harder the Republicans kick him.

    No one's ever conquered Washington politics by constantly saying "pretty please" to the guys trying to cut your throat.

    Let's get on with it, Mr. President. We're up the proverbial creek with spaghetti as our paddle. This health care thing could have been the crossing of the Delaware, the turning point in the next American Revolution the moment we put the mercenaries to rout, as General Washington did the Hessians at Trenton. We could have stamped our victory "Made in the USA." We could have said to the world, "Look what we did!" And we could have turned to each other and said, "Thank you."

    As it is, we're about to get health care reform that measures human beings only in corporate terms of a cost-benefit analysis. I mean this is topsy-turvy we should be treating health as a condition, not a commodity.

    As we speak, Pfizer, the world's largest drug maker, has been fined a record $2.3 billion dollars as a civil and criminal yes, that's criminal, as in fraud penalty for promoting prescription drugs with the subtlety of the Russian mafia. It's the fourth time in a decade Pfizer's been called on the carpet. And these are the people into whose tender mercies Congress and the White House would deliver us?

    Come on, Mr. President. Show us America is more than a circus or a market. Remind us of our greatness as a democracy. When you speak to Congress next week, just come out and say it. We thought we heard you say during the campaign last year that you want a government run insurance plan alongside private insurance mostly premium-based, with subsidies for low-and-moderate income people. Open to all individuals and employees who want to join and with everyone free to choose the doctors we want. We thought you said Uncle Sam would sign on as our tough, cost-minded negotiator standing up to the cartel of drug and insurance companies and Wall Street investors whose only interest is a company's share price and profits.

    Here's a suggestion, Mr. President: ask Josh Marshall to draft your speech. Josh is the founder of the website talkingpointsmemo.com. He's a journalist and historian, not a politician. He doesn't split things down the middle and call it a victory for the masses. He's offered the simplest and most accurate description yet of a public insurance plan one that essentially asks people: would you like the option the voluntary option of buying into Medicare before you're 65? Check it out, Mr. President.

    This health care thing is make or break for your leadership, but for us, it's life and death. No more Mr. Nice Guy, Mr. President. We need a fighter.

    That's it for the Journal. I'm Bill Moyers. See you next time.




    http://www.pbs.org/moyers/journal/09042009/watch.html

    http://www.pbs.org/moyers/journal/09042009/watch2.html

    http://www.pbs.org/moyers/journal/09042009/watch3.html

    Comment


    • #3
      Re: Repost: Corporate Fascism is just a Supreme Court Decision Away

      If Obama can not even pass the option for the public to buy into Medicare, then what is his presidency worth?

      Heretofore, Obama's presidency was nothing more than a better face on the old decaying America of failed ideas. It was nothing more than hope and the illusion of change. It was nothing more than a presidency of photo opportunities and feel-good ops.

      Without Medicare for all passed thru the Congress, a Medicare regardless of age and regardless of pre-existing conditions of applicants, I will stay home and not vote for him again. So far, his leadership has been lacking.

      Comment


      • #4
        Re: Repost: Corporate Fascism is just a Supreme Court Decision Away

        David Bossie, over on Andrew Breitbart's site, has a good post on this court case. See http://bighollywood.breitbart.com/db...endment/print/ .

        He warns that the current law grants government too much power to prohibit political speech, and notes that Hollywood would be much more concerned about this case if it was an anti-McCain or anti-Palin movie being considered.
        Most folks are good; a few aren't.

        Comment


        • #5
          Re: Repost: Corporate Fascism is just a Supreme Court Decision Away

          Originally posted by ThePythonicCow View Post
          Duke Law has a more careful, legal, analysis of this case at http://www.law.duke.edu/journals/djc...howitem&id=108, concluding with the following:



          P.S. What the heck? How did my post, intended to be about #5 in this thread, end up ahead of jtabeb's orginal post, now lowered to #2? Me thinks the iTulip forum software database was out partying too late last night.
          This IS WHAT BOTHERS ME, hence the title.

          This analysis ACKNOWLEDGES, that a much broader precedent is capable of being established in this case.

          http://www.law.duke.edu/journals/djc...howitem&id=108

          Justices Scalia, Thomas, and Kennedy will probably concur in the judgment but continue to maintain that McConnell v. Federal Election Commission and Austin should be overruled, which would free all independent corporate expenditures from speech restrictions

          That, is exactly the precedent required to make "corporate speech" protected, under the first amendment.

          That is also, exactly what was required to enable a Fascist form of governance.

          Because...

          A corporation would be able to use protected corporate speech to advocate for public tax payer funds (think financial sector "cash for trash" bailout).

          Upon receipt of those public funds, the corporation would have NO LIMIT on the use of those public funds (now it's corporate coffers) to advocate for either ADDITIONAL access to public funds or to CHANGE the TERMS on which those funds were initially provided. (Think change loans to grants, or debt forgiveness, or additional bail-out funds).

          Again, which this change in the law all this now becomes perfectly LEGAL.

          The gist of the case is that there would be no limit on corporate speech. This speech could (and indeed has been) used to procure public funds. When these funds make their way into the corporate coffers, they are then ABLE TO BE USED TO PROCURE ADDITIONAL PUBLIC FUNDS.

          In essence, the tax payer FUNDS an INCREASING VOLUME of corporate speech, with NO means of readdress, because the AMPLITUDE of unlimited funds funneling into corporate speech has NO APPRECIABLE opposing voice (except from that of other competing corporations). There is no balance. It is a one-way street of increasing corporate speech that is capable of drowning out (by sheer volume of funds and media access that those funds provide) the public voice of the individual OR ANY GROUP of individuals, BECAUSE they DO NOT have the same access to taxpayer funds with which to amplify THEIR OWN VOICE.

          Comment


          • #6
            Re: Repost: Corporate Fascism is just a Supreme Court Decision Away

            Originally posted by jtabeb View Post
            In essence, the tax payer FUNDS an INCREASING VOLUME of corporate speech, with NO means of readdress, because the AMPLITUDE of unlimited funds funneling into corporate speech has NO APPRECIABLE opposing voice (except from that of other competing corporations). There is no balance. It is a one-way street of increasing corporate speech that is capable of drowning out (by sheer volume of funds and media access that those funds provide) the public voice of the individual OR ANY GROUP of individuals, BECAUSE they DO NOT have the same access to taxpayer funds with which to amplify THEIR OWN VOICE.
            reread this now.

            Comment


            • #7
              Re: Repost: Corporate Fascism is just a Supreme Court Decision Away

              Originally posted by metalman View Post
              Just did. Did you consider my last post political? (I would agree on the title post, but that is the subject of debate in the select forum.)

              Wrong message to send in my first post( indeed, NOT the message I was trying to send). CORRECTED in the second.

              Hat Tip: Cow

              Comment


              • #8
                Re: Repost: Corporate Fascism is just a Supreme Court Decision Away

                Originally posted by Starving Steve View Post
                If Obama can not even pass the option for the public to buy into Medicare, then what is his presidency worth?

                Heretofore, Obama's presidency was nothing more than a better face on the old decaying America of failed ideas. It was nothing more than hope and the illusion of change. It was nothing more than a presidency of photo opportunities and feel-good ops.

                Without Medicare for all passed thru the Congress, a Medicare regardless of age and regardless of pre-existing conditions of applicants, I will stay home and not vote for him again. So far, his leadership has been lacking.
                Bill Maher summarized it like this:"The audacity of hope? ... Let's hope for some audacity"

                Comment


                • #9
                  Re: Repost: Corporate Fascism is just a Supreme Court Decision Away

                  Columbia Journalism Review's site titled "Who Owns What"

                  http://www.cjr.org/resources/index.php

                  Comment


                  • #10
                    Re: Repost: Corporate Fascism is just a Supreme Court Decision Away

                    jtabeb wrote:
                    Upon receipt of those public funds, the corporation would have NO LIMIT on the use of those public funds (now it's corporate coffers) to advocate for either ADDITIONAL access to public funds or to CHANGE the TERMS on which those funds were initially provided. (Think change loans to grants, or debt forgiveness, or additional bail-out funds).
                    Ok -- you're stating your point clearly enough that even I think I understand you.

                    I guess I'm just having trouble worrying that this could be the essential key that opens the way to fascist heat death.

                    For major industries, including bankers, drug, ag, defense, ... the limits present or not in such laws are already affectively overrun.

                    But my deafness to your concern is really just part of a larger impediment to my thinking. I have trouble anymore seeing much correlation at the national level between what I desire and any of whom I elect, what laws they claim to pass, or what judges rule on those laws.

                    I still see the correlation at the local and often state levels, but I despair at the federal level.
                    Most folks are good; a few aren't.

                    Comment


                    • #11
                      Re: Repost: Corporate Fascism is just a Supreme Court Decision Away

                      Originally posted by ThePythonicCow View Post
                      jtabeb wrote: Ok -- you're stating your point clearly enough that even I think I understand you.

                      I guess I'm just having trouble worrying that this could be the essential key that opens the way to fascist heat death.

                      For major industries, including bankers, drug, ag, defense, ... the limits present or not in such laws are already affectively overrun.

                      But my deafness to your concern is really just part of a larger impediment to my thinking. I have trouble anymore seeing much correlation at the national level between what I desire and any of whom I elect, what laws they claim to pass, or what judges rule on those laws.

                      I still see the correlation at the local and often state levels, but I despair at the federal level.
                      To say you have given up is okay (that's a given, we're fucked, I agree.):mad:

                      But I will fight to the death to try and win an argument!:p

                      Comment


                      • #12
                        Re: Repost: Corporate Fascism is just a Supreme Court Decision Away

                        Originally posted by jtabeb View Post
                        But I will fight to the death to try and win an argument!:p
                        Remind me never to get in a real dog fight, or gun fight, with you .

                        On the other hand, maybe if it's my time to go, that's how I should do it. I've been figuring that one advantage of living in North Texas rather than Silicon Valley where I used to live is that more people around here can shoot straight. So if anyone ever figures I need killing real bad, I won't be in pain for long.
                        Most folks are good; a few aren't.

                        Comment


                        • #13
                          Re: Repost: Corporate Fascism is just a Supreme Court Decision Away

                          Originally posted by ThePythonicCow View Post
                          Remind me never to get in a real dog fight, or gun fight, with you .

                          On the other hand, maybe if it's my time to go, that's how I should do it. I've been figuring that one advantage of living in North Texas rather than Silicon Valley where I used to live is that more people around here can shoot straight. So if anyone ever figures I need killing real bad, I won't be in pain for long.
                          Don't FRET, I live in Texas TOO!:p

                          I love this state, only place where my kids when they go to school say the Pledge of Allegiance for the USA and then go one to do the Texas State Pledge.

                          "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible."

                          Comment


                          • #14
                            Re: Repost: Corporate Fascism is just a Supreme Court Decision Away

                            Originally posted by jtabeb View Post
                            Sorry, I meant to start this in the public forum, it is in select now. This is a repost of that link (commentary is still in select).

                            Fred Could you please fix if able?

                            Thanks

                            You know we are screwed when someone as thoughtful as Bill Moyers is, and who's only interest is to serve the public good, can't help but SPIT, they are so angry. (Watch his closing commentary, he has to stop himself he wants to curse so bad).

                            Well to those of you who said it COULDN'T happen here, you were wrong. The court has taken this on as an exemplar case to finally reverse the existing body of law to PROTECT CORPORATE communication as FREE SPEECH. A turn about of 100 years of established law.

                            For those of you who study your history you will be heartened to learn that this is how Mussolini and Hitler came to power.

                            When Corporate For-Profit enterprise can use their legally protected ability to gather profits and with their limited liability protection and with the power to use that sharholder purse of funds to influence policy that advances their competitveness, democracy has died and fascism has arisen in it's place.

                            This case, should the court find in favor of protecting corporate speech, will change the US forever.

                            Those that thought the masses would bankrupt democracy by supporting elected officals that would grant them increasing entitlements were wrong. It is the CORPORATE Sphere, that will do so. Through poltical capture, then regualtory capture, and finally through the capture of free speech it self.

                            If we are indeed on the road to hell, we have just taken a giant step forward.

                            I will leave you with the commentary of Bill Moyers:

                            BILL MOYERS:
                            The editors of THE ECONOMIST magazine say America's health care debate has become a touch delirious, with people accusing each other of being evil-mongers, dealers in death, and un-American.

                            Well, that's charitable.

                            I would say it's more deranged than delirious, and definitely not un-American.

                            Those crackpots on the right praying for Obama to die and be sent to hell they're the warp and woof of home-grown nuttiness. So is the creature from the Second Amendment who showed up at the President's rally armed to the teeth. He's certainly one of us. Red, white, and blue kooks are as American as apple pie and conspiracy theories.

                            Bill Maher asked me on his show last week if America is still a great nation. I should have said it's the greatest show on earth. Forget what you learned in civics about the Founding Fathers we're the children of Barnum and Bailey, our founding con men. Their freak show was the forerunner of today's talk radio.

                            Speaking of which: we've posted on our website an essay
                            by the media scholar Henry Giroux. He describes the growing domination of hate radio as one of the crucial elements in a "culture of cruelty" increasingly marked by overt racism, hostility and disdain for others, coupled with a simmering threat of mob violence toward any political figure who believes health care reform is the most vital of safety nets, especially now that the central issue of life and politics is no longer about working to get ahead, but struggling simply to survive.

                            So here we are, wallowing in our dysfunction. Governed if you listen to the rabble rousers by a black nationalist from Kenya smuggled into the United States to kill Sarah Palin's baby. And yes, I could almost buy their belief that Saddam Hussein had weapons of mass destruction, only I think he shipped them to Washington, where they've been recycled as lobbyists and trained in the alchemy of money laundering, which turns an old-fashioned bribe into a First Amendment right.

                            Only in a fantasy capital like Washington could Sunday morning talk shows become the high church of conventional wisdom, with partisan shills treated as holy men whose gospel of prosperity always seems to boil down to lower taxes for the rich.

                            Poor Obama. He came to town preaching the religion of nice. But every time he bows politely, the harder the Republicans kick him.

                            No one's ever conquered Washington politics by constantly saying "pretty please" to the guys trying to cut your throat.

                            Let's get on with it, Mr. President. We're up the proverbial creek with spaghetti as our paddle. This health care thing could have been the crossing of the Delaware, the turning point in the next American Revolution the moment we put the mercenaries to rout, as General Washington did the Hessians at Trenton. We could have stamped our victory "Made in the USA." We could have said to the world, "Look what we did!" And we could have turned to each other and said, "Thank you."

                            As it is, we're about to get health care reform that measures human beings only in corporate terms of a cost-benefit analysis. I mean this is topsy-turvy we should be treating health as a condition, not a commodity.

                            As we speak, Pfizer, the world's largest drug maker, has been fined a record $2.3 billion dollars as a civil and criminal yes, that's criminal, as in fraud penalty for promoting prescription drugs with the subtlety of the Russian mafia. It's the fourth time in a decade Pfizer's been called on the carpet. And these are the people into whose tender mercies Congress and the White House would deliver us?

                            Come on, Mr. President. Show us America is more than a circus or a market. Remind us of our greatness as a democracy. When you speak to Congress next week, just come out and say it. We thought we heard you say during the campaign last year that you want a government run insurance plan alongside private insurance mostly premium-based, with subsidies for low-and-moderate income people. Open to all individuals and employees who want to join and with everyone free to choose the doctors we want. We thought you said Uncle Sam would sign on as our tough, cost-minded negotiator standing up to the cartel of drug and insurance companies and Wall Street investors whose only interest is a company's share price and profits.

                            Here's a suggestion, Mr. President: ask Josh Marshall to draft your speech. Josh is the founder of the website talkingpointsmemo.com. He's a journalist and historian, not a politician. He doesn't split things down the middle and call it a victory for the masses. He's offered the simplest and most accurate description yet of a public insurance plan one that essentially asks people: would you like the option the voluntary option of buying into Medicare before you're 65? Check it out, Mr. President.

                            This health care thing is make or break for your leadership, but for us, it's life and death. No more Mr. Nice Guy, Mr. President. We need a fighter.

                            That's it for the Journal. I'm Bill Moyers. See you next time.




                            http://www.pbs.org/moyers/journal/09042009/watch.html

                            http://www.pbs.org/moyers/journal/09042009/watch2.html

                            http://www.pbs.org/moyers/journal/09042009/watch3.html
                            Pure self serving drivel by someone who would love to shut down any opposing viewpoint. Fuck Bill Moyers. Although I did like his series with Joseph Campbell.
                            Outside of a dog, a book is man's best friend. Inside of a dog, it's too dark to read. -Groucho

                            Comment


                            • #15
                              Re: Repost: Corporate Fascism is just a Supreme Court Decision Away

                              Originally posted by ThePythonicCow View Post
                              David Bossie, over on Andrew Breitbart's site, has a good post on this court case. See http://bighollywood.breitbart.com/db...endment/print/ .

                              He warns that the current law grants government too much power to prohibit political speech, and notes that Hollywood would be much more concerned about this case if it was an anti-McCain or anti-Palin movie being considered.
                              The limousine lefty hypocrites in Hollywood only believe in free speech for their side. No surprise here.
                              Outside of a dog, a book is man's best friend. Inside of a dog, it's too dark to read. -Groucho

                              Comment

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