So, what we’re really talking about is: is it appropriate for groups of freely associating individuals to make political speech *as a group*, rather than as individuals?
I think this point has already been addressed as the distinction between incorporation and association. The difference being that a corporation is granted legal privileges not granted to any individual or the association. Why should the association be allowed to leverage the corporation's privileges for the purposes of the association's free speech? The association already has free speech outside of their incorporated status.
That is just a counterargument to that particular statement, but on the whole, I think not having legal training I can't actually know for sure what the implications are, and for now I am still pretty reserved in my judgment.
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Date: 2010-01-23 09:17 am (UTC)I think this point has already been addressed as the distinction between incorporation and association. The difference being that a corporation is granted legal privileges not granted to any individual or the association. Why should the association be allowed to leverage the corporation's privileges for the purposes of the association's free speech? The association already has free speech outside of their incorporated status.
That is just a counterargument to that particular statement, but on the whole, I think not having legal training I can't actually know for sure what the implications are, and for now I am still pretty reserved in my judgment.