I'm a big fan of Glenn Greenwald; just about every position he takes is anti-authoritarian, liberal in the best sense, and based on rule of law (which, in this age, is as close to fairness as one can expect). However, he wrote an article on the Chick-fil-a controversy that bugs me. On the narrow question of whether governments should be able to punish corporations for political advocacy, I agree with him that such punishment is unconstitutional. I take issue with his reasoning, though.
Greenwald invites us to consider a series of bills that enlist government in punishing corporations for views they express, money they donate to causes, etc. Some examples:
- Congress enacts a law that states: No business incorporated in America, whether for-profit or non-profit, shall be permitted to donate any of its money to groups espousing liberal ideas. Any business found to be in violation of this prohibition shall be guilty of a Class A felony. Corporate donations to groups espousing conservative causes shall still be permissible and legal.
- A city enacts an ordinance that states: Any business found to have donated money to any group that advocates same-sex marriage or abortion rights (including Human Rights Campaign and Planned Parenthood) shall be barred from doing business within the city limits. Businesses shall still be permitted to donate money to groups which advocate against same-sex marriage or against abortion rights.
I agree with him that the above laws are unconstitutional. Government is prohibited from discriminating or giving unequal protection to the free speech rights of corporations as currently settled law stands (that was indeed one of the caveats he made). Indeed, Greenwald took pains to point out that even in the Citizens United case, not one Supreme Court justice questioned the legitimacy of corporate personhood at all (I addressed Greenwald's commentary on this matter in more detail here). I also agree with him that The Nation's Lee Fang takes an unprincipled, politically expedient position against corporate personhood -- one cannot confine one's critiques of the doctrine to only those cases where it acts against one's sense of justice. Nobody wants to be allied with a hack like Fang less than I.