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For most, getting caught alone in the carpool lane is an expensive nuisance. For Jonathan Frieman of San Rafael, CA, it’s a chance to change American politics.
The designated carpool lane on Highway 101 near Frieman’s northern California home is specified to be for “two people or more” during rush hour. The police say Frieman was driving alone, but rather than pay the $478 fine, he plans to head to court on Monday to challenge the ticket. His reasoning? He had his papers of incorporation with him and since the Supreme Court has ruled that corporations are people, there were two people in the car.
It’s doubtful that a traffic court judge is going to take a bold stance against a Supreme Court ruling, but that’s the point. Should Frieman lose Monday, which he plans on doing, he wants to take the challenge all the way to the top court.
470. "Person" includes a natural person, firm, copartnership, association, limited liability company, or corporation.
Relying on, or attacking, Citizens United in this situation is an instant loser.
Due consideration leads to this conclusion: Austin, 494 U. S. 652, should be and now is overruled. We return to the principle established in Buckley and Bellotti that the Government may not suppress political speech on the [**799]basis of the speaker's corporate identity. No sufficient governmental interest justifies limits on the political speech of nonprofit or for-profit corporations.
Since at least Trustees of Dartmouth College v. Woodward – 17 U.S. 518 (1819), the U.S. Supreme Court has recognized corporations as having the same rights as natural persons to contract and to enforce contracts. In Santa Clara County v. Southern Pacific Railroad - 118 U.S. 394 (1886), the reporter noted in the headnote to the opinion that the Chief Justice began oral argument by stating, "The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does." While the headnote is not part of the Court's opinion and thus not precedent, two years later, in Pembina Consolidated Silver Mining Co. v. Pennsylvania - 125 U.S. 181 (1888), the Court clearly affirmed the doctrine, holding, "Under the designation of 'person' there is no doubt that a private corporation is included [in the Fourteenth Amendment]. Such corporations are merely associations of individuals united for a special purpose and permitted to do business under a particular name and have a succession of members without dissolution."  This doctrine has been reaffirmed by the Court many times since.
Originally posted by solomons path
This shouldn't even be about Citizens United, it should be about corporate personhood as a doctrine.