Subject: Re: [EL] Electionlawblog news and commentary 3/1/11
From: Craig Holman
Date: 3/1/2011, 10:39 AM
To: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

The tone and tenor of the unanimous Supreme Court decision in FCC v. ATT certainly surprises many of us, and sounds little like the same court of Citizens United.

Writing for a unanimous court, Chief Justice John Roberts stated that personal privacy “suggests a type of privacy evocative of human concerns - not the sort usually associated with an entity like, say, AT&T.”  The fact that “person” is defined for FOIA purposes to include corporations does not change the meaning of “personal.” As the court pointed out, the word “corny” has little to do with corn, and the word “crabby” does not refer either to a crustacean or an apple.

A well-reasoned decision, indeed.

Public Citizen's Adina Rosenbaum served as co-counsel for the FOIA requester.


Craig Holman, Ph.D.
Government Affairs Lobbyist
Public Citizen
215 Pennsylvania Avenue NE
Washington, D.C. 20003
TEL: (202) 454-5182
CEL: (202) 905-7413
FAX: (202) 547-7392
Holman@aol.com


-----Original Message-----
From: Jon Roland <jon.roland@constitution.org>
To: election-law <election-law@mailman.lls.edu>
Sent: Tue, Mar 1, 2011 1:30 pm
Subject: Re: [EL] Electionlawblog news and commentary 3/1/11

This is a mischaracterization of the decision, which was that corporations don't have "personal privacy", not that they are not "persons". Entirely different issue.

In law a "person" is a role that an actor may play in a legal case, not the actor playing it. It is roles, not actors, that have rights, powers, and duties in law. Each individual can be many persons. Everyone is at least a private person and a public person. Other persons an individual can be is "contracting party", "partner', "parent", "child", "heir", "settlor", "trustee", "beneficiary", or "official". Each such person can have different rights, powers, and duties, even though embodied in the same individual.

This is basic Law 101. When did people stop being taught these basics?

On 03/01/2011 12:10 PM, Rick Hasen wrote:

A Corporation is Not a Person, At Least Not Today

Interesting statutory interpretation discussion in today's AT&T case issued by the Supreme Court. One absence in the discussion written by the Chief Justice: no mention of legislative history.


-- Jon

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