Metaphoreus
This is semantics, and nothing more
Formatted for Chichikov's reading pleasure:
Part the First. On Citizens United
The Court's decision in Citizens United did not turn on whether corporations were "persons." After all, the First Amendment does not limit its protection to "persons," unlike the Fifth and Fourteenth Amendments (for instance). Instead, the First Amendment simply provides that "Congress shall make no law . . . abridging the freedom of speech." That provision is not contingent on the personhood of the speaker, or on any other attribute of the speaker's identity. So the Court didn't need to--and didn't--rely on the concept of corporate personhood.
Regarding the distinction between money-as-speech and restrictions-on-spending-on-speech-as-restrictions-on-speech, I don't understand how that distinction could be any more clear. Independent expenditures aren't protected under the First Amendment because they involve money--all expenditures involve money, yet many are banned outright without Constitutional consequence--but because they involve speech. The government can ban spending money to buy ivory from Africa, but it can't ban spending money to air advertisements for a political documentary. That difference doesn't make sense if the rationale in Citizens United was that money is speech; it does make sense if the rationale was that restrictions on spending on speech are restrictions on speech.
Third, that rule--that restrictions on spending on speech are restrictions on speech--seems to be obviously true. In fact, during the first oral argument, the government claimed that, under the law being challenged, it could prohibit the publication of pamphlets or books within the relevant time period before a primary or election. What else could that be but a restriction on speech?
Finally, citing Buckley doesn't mean that Citizens United relied on every sentence in Buckley or every point of law made by Buckley. Because Citizens United did not turn on whether money is speech, any assertion in Buckley to that effect is irrelevant to the present discussion.
Part the Second. On Motives for Campaign Contributions
There is no corruption (nor, necessarily, the appearance of corruption) involved in a contribution to a political campaign when the reason for the contribution is a desire that the candidate win or a desire that the policies supported by the candidate be implemented. The way you define corruption here would make voting a corrupting influence, and that just can't be. For two reasons, it makes no difference that sometimes politicians change their views to suit their donors' desires. First, we're considering the motives of the donors in donating, not the reactions of politicians to receiving donations. Second, politicians can't possibly change their views to suit the desires of every donor. Mostly, donors with a particular view will donate to politicians who already hold similar views.
Part the Third. On Scarcity and the Spectrum; and Poor Folk and the Takings Clause
The spectrum may be scarce, but that's no reason to say it can't be privately owned. Every good is scarce, yet private ownership is perfectly compatible with basically all of them. In the case of the electromagnetic spectrum, there's also the advantageous fact that using a particular frequency doesn't consume the frequency. It may be possible that every tree be cut down and every fish, fished, but it isn't possible to use up electromagnetic frequencies. Useful domain names are likewise scarce, though, based on my experience with radio stations, less so than usable frequencies. I don't view this as a distinction which destroys the analogy.
Second, regarding the electromagnetic spectrum, you keep saying that I'm talking about "the rich." I'm not. I'm talking about everyone. Not only the rich own land. Not only the rich own web domains. Not only the rich would own frequencies if the spectrum were privatized. The geographic scope of broadcast towers is finite, so we're not talking about someone buying up the rights to broadcast at 91.1 FM nationwide. Smaller operators could easily buy broadcast rights for a small enough station. To summarize, it's true that private property is good for the rich, but it's also good for everyone else.
Regarding the Takings Clause, I think you're wrong about who benefits the most from its requirement of just compensation. It is the politically connected wealthy who are most likely to benefit from the use the power of eminent domain, and the politically unconnected poor who are most likely to fall victim to that power. The Takings Clause makes sure that the rich cannot expropriate the poor without paying for that taking. And note that the Takings Clause doesn't merely protect fee ownership--a tenant is also entitled to just compensation if the leased property is condemned. Obviously that compensation won't be for the value of the fee, but it isn't nothing, either.
Part the Fourth. Miscellaneous Responses
Concerning the first paragraph, to which country or countries were you referring? Remember that my comment didn't have to do with where contributions were limited, but where they were prohibited.
Concerning the second paragraph, please expand. And I don't view "Psych 101" as a useful citation.
Yes.
Part the First. On Citizens United
I might concede (3) but the other two are factually wrong. The case didn't invent the concepts but said A) corporations have 1st amendment rights for 'political speech' and 2) it relied on the buckely v valeo precident which did state as such. Your distinction saying that their not saying money is speech but restricting spending is limiting speech is a ridiculously pedantic distinction and has no real world difference.
The Court's decision in Citizens United did not turn on whether corporations were "persons." After all, the First Amendment does not limit its protection to "persons," unlike the Fifth and Fourteenth Amendments (for instance). Instead, the First Amendment simply provides that "Congress shall make no law . . . abridging the freedom of speech." That provision is not contingent on the personhood of the speaker, or on any other attribute of the speaker's identity. So the Court didn't need to--and didn't--rely on the concept of corporate personhood.
Regarding the distinction between money-as-speech and restrictions-on-spending-on-speech-as-restrictions-on-speech, I don't understand how that distinction could be any more clear. Independent expenditures aren't protected under the First Amendment because they involve money--all expenditures involve money, yet many are banned outright without Constitutional consequence--but because they involve speech. The government can ban spending money to buy ivory from Africa, but it can't ban spending money to air advertisements for a political documentary. That difference doesn't make sense if the rationale in Citizens United was that money is speech; it does make sense if the rationale was that restrictions on spending on speech are restrictions on speech.
Third, that rule--that restrictions on spending on speech are restrictions on speech--seems to be obviously true. In fact, during the first oral argument, the government claimed that, under the law being challenged, it could prohibit the publication of pamphlets or books within the relevant time period before a primary or election. What else could that be but a restriction on speech?
Finally, citing Buckley doesn't mean that Citizens United relied on every sentence in Buckley or every point of law made by Buckley. Because Citizens United did not turn on whether money is speech, any assertion in Buckley to that effect is irrelevant to the present discussion.
Part the Second. On Motives for Campaign Contributions
Why does he want him to win? I'm gonna guess because he wants his policy enacted. . . .
Let you in on a secret, that isn't true. Politicians change their views to suit their donors. You can deny it but I've seen it. It happens
Its not like there are examples: http://www.politico.com/story/2014/03/lindsey-graham-sheldon-adelson-internet-gambling-104825.html
There is no corruption (nor, necessarily, the appearance of corruption) involved in a contribution to a political campaign when the reason for the contribution is a desire that the candidate win or a desire that the policies supported by the candidate be implemented. The way you define corruption here would make voting a corrupting influence, and that just can't be. For two reasons, it makes no difference that sometimes politicians change their views to suit their donors' desires. First, we're considering the motives of the donors in donating, not the reactions of politicians to receiving donations. Second, politicians can't possibly change their views to suit the desires of every donor. Mostly, donors with a particular view will donate to politicians who already hold similar views.
Part the Third. On Scarcity and the Spectrum; and Poor Folk and the Takings Clause
You do realize there is a limit on the spectrum? There is no such limit on domain names. The comparison is absurd, your position on this is absurd. Your an apologist for rich people owning the electromagnetic spectrum and limiting peoples use of it with no democratic control. The position is radical and scary.
Let me put it this way. Its limited to property owners. Poor people don't own much property. I'm not saying that it doesn't 'protect' poor people if they do own property I'm arguing that in the real world it doesn't help them. It helps rich people.
The spectrum may be scarce, but that's no reason to say it can't be privately owned. Every good is scarce, yet private ownership is perfectly compatible with basically all of them. In the case of the electromagnetic spectrum, there's also the advantageous fact that using a particular frequency doesn't consume the frequency. It may be possible that every tree be cut down and every fish, fished, but it isn't possible to use up electromagnetic frequencies. Useful domain names are likewise scarce, though, based on my experience with radio stations, less so than usable frequencies. I don't view this as a distinction which destroys the analogy.
Second, regarding the electromagnetic spectrum, you keep saying that I'm talking about "the rich." I'm not. I'm talking about everyone. Not only the rich own land. Not only the rich own web domains. Not only the rich would own frequencies if the spectrum were privatized. The geographic scope of broadcast towers is finite, so we're not talking about someone buying up the rights to broadcast at 91.1 FM nationwide. Smaller operators could easily buy broadcast rights for a small enough station. To summarize, it's true that private property is good for the rich, but it's also good for everyone else.
Regarding the Takings Clause, I think you're wrong about who benefits the most from its requirement of just compensation. It is the politically connected wealthy who are most likely to benefit from the use the power of eminent domain, and the politically unconnected poor who are most likely to fall victim to that power. The Takings Clause makes sure that the rich cannot expropriate the poor without paying for that taking. And note that the Takings Clause doesn't merely protect fee ownership--a tenant is also entitled to just compensation if the leased property is condemned. Obviously that compensation won't be for the value of the fee, but it isn't nothing, either.
Part the Fourth. Miscellaneous Responses
You claimed that monetary contributions open the debate, I claimed other nations which limited campaign donations don't have a limited debate. Your assertion was pull from no where.
Your disbelieve that mass marketing works that flooding the airwaves with one view point doesn't change peoples vote. Your denying basic psych 101 and assuming voters have information they're not guaranteed to have.
Concerning the first paragraph, to which country or countries were you referring? Remember that my comment didn't have to do with where contributions were limited, but where they were prohibited.
Concerning the second paragraph, please expand. And I don't view "Psych 101" as a useful citation.
Yes there is. And again I'd like to see you argue with a straight face the government doesn't have a good interest in regulating these giant sums of money. It gives at least the 'appearance of corruption'. Do you really deny that?
Yes.