The US Supreme Court last week recognised that corporations have ‘free speech’ like natural persons and thus could not be barred from influencing elections through advertising. The argument, of course, is that corporations may have access to much more capital to use in advertising than the average, old-style, human-type person.
However, Douglas Rushkoff illustrates in this essay that this merely ‘makes law out of what is already happening.’
Rushkoff:
While corporations have enjoyed the benefits of personhood for over a century, they don’t suffer the main pitfalls: chiefly, death—but also despair, fatigue, and the need to feed their kids. They could outrun or at least outlast any effort to curb their influence. That’s how the railroads got to trample States’ rights to their own land, how GE got out of cleaning the Hudson River, and so on. They just wait, make a little progress, and then wait some more.
Although I share the unease with giving corporations free speech – what’s next, giving them the vote? – I can’t help but be reminded of Stanley Fish’s view in There is no such thing as free speech.
Fish, a Milton scholar, describes the poet’s Aeropagita.
Stanley:
Much of the Areopagitica is a celebration of toleration in matters of expression, for reasons that have now become more familiar to us: the more information the better able are we to choose wisely; the more information the better are we able to exercise our intellects so that they become more refined and perceptive. Another part of Milton’s argument is that when something is suppressed it does not go away. It just takes on a romantic underground life and flourishes rather than being brought to the light of day where it might be refuted. All of these are today familiar arguments and components of free speech rhetoric.
But here is the killer:
Stanley:
About three quarters of the way through the tract Milton says, “Now you understand of course”, and the tone in his prose suggests that he assumes that most of his readers have always understood this, “that when I speak of toleration and free expression I don’t mean Catholics. Them we extirpate”.
So, for those os us that cherish free speech but not, of course, for corporations: we mean not tolerated Popery.