3 ms·
So, the problem is if you try to treat, say, an LLC as if it's not an entity with any constitutional rights, then, .... it has no constitutional rights. Want m
by DannyBee 10y ago
So, the problem is if you try to treat, say, an LLC as if it's not an entity with any constitutional rights, then, ....
it has no constitutional rights.
Want microsoft or google or facebook to have a 4th amendment right not to give up your searches or email?
Sorry, not a human entity!
Want CNN to have the right to publish news under the 1st amendment?
Sorry, not a human entity!
At least in our legal system, you have no standing to really raise constitutional violations or rights issues of others (except in very very specific circumstances).
This is in large part because it would be ridiculously difficult and complicated to make such a thing work
(can anyone do it? If so, who gets to do it? First person? Person you like the best? etc)
So the solution chosen was to treat these entities as having rights.
Not an ideal solution on it's own, mind you, but let's call it a "workaround" for a set of very very hard problems.
But every time i see someone say "corporations shouldn't be treated like people", my answer is, "sure, this is pretty much a truism. How do you actually implement it in a way that isn't a complete disaster, though?"