> For the complete documentation index, see [llms.txt](https://nsbarr.gitbook.io/corporations-are-people-my-friend/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://nsbarr.gitbook.io/corporations-are-people-my-friend/scrap.md). # Scrap ## Scrap ## Outline 1. Overview 1. Read Me! 2. TL;DR 2. A hot day in Des Moines 3. What Mitt meant 4. All the world's a stage 1. We could use some more players 5. A legal red herring 1. History 2. United Citizens 3. Hobby Lobby 4. A tidy codebase 6. Tech drives companies toward personhood 7. What kind of people are companies? 8. How can we encourage companies to be better people? 1. Legal pressure 2. Social pressure ### Hot day in Des Moines ### Scrap * Complete video + transcript of Mitt Romney at the Iowa State Fair * That awesome teardown of the Tom Cruise on the couch moment: * Source for Romney's polling numbers before and after his speech: * RealClearPolitics polling numbers: * HuffPo * Wapo * NYT After this first salvo, the conversation seems to have jammed up. Which is a shame, because there are a number of ways to interpret the claim that corporations are people. The only one that is patently absurd is the one we've gotten stuck on: * A corporation is a flesh-and-blood human. * A corporation is simply an association of people, and accordingly: * taxes that impact corporations ultimately fall on people * when corporations make decisions, a person should be held responsible for that decision * A corporation can sue and be sued, and so legally has some of the rights and responsibilities of people. The *New York Times* runs what today seems like the best piece: ‘Corporations Are People,’ Romney Tells Iowa Hecklers Angry Over His Tax Policy DES MOINES — Emerging on the campaign trail in Iowa after largely shunning the state, Mitt Romney was confronted on Thursday by hecklers on corporate tax policy and told one of them, “Corporations are people, my friend.” Mr. Romney was speaking at the Iowa State Fair’s soapbox on Thursday morning, but when it was time for the question-and-answer session, the mood turned heated, with a small group of angry hecklers calling on Mr. Romney to support raising taxes on the wealthy to help finance social entitlement programs. “We have to make sure that the promises we make in Social Security, Medicare and Medicaid are promises we can keep, and there are various ways of doing that,” Mr. Romney said. “One is, we can raise taxes on people.” “Corporations!” the protesters shouted, suggesting that Mr. Romney, as president, should raise taxes on large businesses. “Corporations are people, my friend,” Mr. Romney responded, as the hecklers shouted back, “No, they’re not!” “Of course they are,” Mr. Romney said, chuckling slightly. “Everything corporations earn ultimately goes to people. Where do you think it goes?” It was a telling, unscripted moment for Mr. Romney likely to be replayed on YouTube. In an instant, he seemed to humanize himself by pointedly squabbling with the group of hecklers, showing flashes of anger and defying his reputation as a sometimes stilted, unfeeling candidate. This last point is the one that fascinates me most. Making the argument that corporations were people actually made the robotic Romney seem more human. We're going to use Romney's remarks as a launchpad for an exploration of several areas. We're going to talk about groups and group behavior. We're going to talk about the difference between being a person and being human. We're going to talk through how, when, and why corporate personhood was created. We're going to ask ourselves how companies ought to behave. When we're all done, we'll watch the video again, this time with a more nuanced perspective on what it means to say that corporations are people. ### Introduction We begin by revisiting the soundbyte that started it all. We look at the context of Mitt Romney's speech, the immediate reactions to it, and the lasting impact it has had. ### Corporations are people, my friend * The original video * Play-by-play analysis * Context of the video (recall Tom Cruise couch article) * Immediate reaction on the left (and right?) * Elizabeth Warren * The Young Turks * Did it sink Romney’s campaign? ### Corporations consist entirely of people, my friend * Etymology (corp -> body) (comp -> companion) * "It depends on what the meaning of the word 'is' is." * * This is about the most neutral thing we can say about corporations * Romney’s point about “where do you think it goes” —> can ultimately only go to the people who comprise the group * But groups still impose changes on the behavior of individuals, for example: * Sherif (1935) * Bystander effect, made popular after the murder of Kitty Genovese * actually isn't this an example of un-group thinking? * Umbrella’ed under “groupthink” which has a negative connotation * Groupthink also necessary for a body of people to make decisions and take action; more neutrally studied under the title * I can haz pdf? * Think of a group as a kind of heuristic, shortcut. Allows progress at the expense of accuracy ### Corporations have some of the rights and responsibilities of people, my friend * Closer examination of corporations shows that they aren’t simply groups of people * If you dissolve Sherif’s cohort of light-watchers, it ceases to exist * In contrast if you fire everyone at McDonalds, McDonalds does not cease to exist * Do better here — give one good example of corporate accountability (eg., you can’t commit a crime and then just dissolve) * And give one good example of protection (eg., bankruptcy; you can’t ruin the lives of the individuals who comprise your company if your company fails) * This is the foundation of corporate personhood * Deep dive into history of corporate personhood * Which rights of personhood should a corporation not enjoy? What’s our justification for this? * * * Two Cases: Citizens United & Hobby Lobby ### Corporations should enjoy freedom of speech, my friend * CU: corporate political spending is a form of protected speech * ### Corporations can have religious beliefs, my friend * HL: a corporation can declare a religious belief and be granted exemptions accordingly ### Persons and human beings are not the same thing, my friend * Not all people are humans * Not all humans are people * Personhood is a contract * Being human is a condition ### Detritus * what if people could be monopolies? * remember the bailout (romney against), a case of fed acting like state * corporations should vote * Social Contract * Corporate Veil * People distinctions like if then statements in the codebase * salary & equity distribution at companies * * What does a contract look like in tech? Is it the ToS? Is it that Facebook Permissions dialog? * * Panama Papers * 3/5s of a human - what happens when a group conforms! * Our language can be seen as an ancient city: a maze of little streets and squares, of old and new houses, and of houses with additions from various periods; and this surrounded by a multitude of new boroughs with straight regular streets and uniform houses. * * * Go — personhood as a game - * What amendments don't apply to corporations? * 3 twitter accounts - no voice, voice with signature, common voice with no signature * * * When Firms Become Persons and Persons Become Firms * * see kennedy deregulation of marketplace in citizens united * Alito in Hobby Lobby * * "animated by live persons" instruments of owners or the whole thing * * the danger of "simply" "just" etc more Alito * * Alito continues to umbrella all shareholders * * B\&H online store closes on Saturdays! * they're angry, but they're unable to slug away at... * * neoliberal reason seeping into * \*\*