Corporate Speech in Citizens United vs. Federal Election Commission

In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 majority, held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well

What Are Group Speech Acts?

The paper provides a taxonomy of group speech acts whose main division is that between collective speech acts (singing Happy Birthday, agreeing to meet) and group proxy speech acts in which a group, such as a corporation, employs a proxy, such as a spokesperson, to convey its official position. The paper provides an analysis of group proxy speech acts using tools developed more generally for analyzing institutional agency, particularly the concepts of shared intention, proxy agent, status role, status function, convention and constitutive rule

Declaring the Self and the Social

The epistemological problem is traditionally expressed in the question “How do we know that we know?” The emphasis is on the relationship between the claim that we know and what it is that we know. We notice, only belatedly, that the agent who knows does not really matter in the question. The knower is but an abstracted entity whose only qualification is that s/he claims to know. Virtue epistemology’s virtue lies in the centering of the knower: What is it about the knower that enables her to claim that she knows or that enables us to agree that she indeed knows? The concept of intellectual responsibility in virtue epistemology does not only brings us into the realm of the normative but also implicates, necessarily, the social and the political. Invoking the openness of alternative virtue epistemology to unconventional sources and methods, this essay turns to metaphysics and social ontology in order to explore the problems of intellectual responsibility, society, and politics in humankind’s disposition and striving to know

‘We represent, here, the interests of the free world’:Accountability in Israeli leaders’ media talk on the Gaza Crisis (2008-2009)

he Palestinian-Israeli conflict turned into an armed crisis from the 27th of December 2008 to 22nd of January 2009. Instances of such armed conflict make issues of accountability highly pertinent. In this paper we analyse media news interviews conducted with then Israeli political leadership after the start of the Gaza Crisis. From the analyses we show that: a) accountability is an interactional concern that interviewers and interviewees orient to within the interactional setting of a media news interview; b) Israeli politicians manage Israel's accountability for events in Gaza crisis via employing particular narratives and descriptions of both Israel and other parties; c) in managing their accountability they are seen to make avowals to peace and moderation which are then used for justifying extant military practices

Collective Intentionality

In this chapter, we focus on collective action and intention, and their relation to conventions, status functions, norms, institutions, and shared attitudes more generally. Collective action and shared intention play a foundational role in our understanding of the social. The three central questions in the study of collective intentionality are: (1) What is the ontology of collective intentionality? In particular, are groups per se intentional agents, as opposed to just their individual members? (2) What is the psychology of collective intentionality? Do groups per se have psychological states, in particular propositional attitudes? What is the psychology of the individuals who participate in collective intentional behavior? What is special about their participatory intentions, their we-intentions, as they are called (Tuomela and Miller 1988), as opposed to their I-intentions? (3) How is collective intentionality implicated in the construction of social reality? In particular, how does the content of we-intentions and the intentional activity of individual agents create social institutions, practices and structures? We first discuss collective action and shared intention in informal groups. Next we discuss mechanisms for constructing institutional structures out of the conceptual and psychological resources made available by our understanding of informal joint intentional action. Then we extend the discussion of collective action and intention to institutional groups, such as the Supreme Court, and explain how concepts of such organizations are constructed out of the concepts of a rule, convention, and status function. Finally we discuss collective attitudes beyond intention

Constraint rule-based programming of norms for electronic institutions

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Proxy Assertion

In proxy assertion an individual or group asserts something through a spokesperson. The chapter explains proxy assertion as resting on the assignment of a status role to a person (that of spokesperson) whose utterances acts in virtue of that role have the status function of signaling that the principal is committed in a way analogous to an individual asserting that in his own voice. The chapter briefly explains how status functions and status roles are grounded and then treats, in turn, the case of a spokesperson for an individual and a group and the differences in the significance of what the spokesperson does in each case. Finally, it reviews complications introduced by spokesperson autonomy, where the spokesperson is given leave to represent her principal’s views or positions in her own words and to respond to questions on his behalf

Saying and Doing: Speech Actions, Speech Acts and Related Events

The question which this paper examines is that of the correct scope of the claim that extra-linguistic factors (such as gender and social status) can block the proper workings of natural language. The claim that this is possible has been put forward under the apt label of silencing in the context of Austinian speech act theory. The ‘silencing’ label is apt insofar as when one’s ability to exploit the inherent dynamic of language is ‘blocked’ by one’s gender or social status then one might justly be said to be silenced. The notion that factors independent of any person’s linguistic competence might block her ability to exploit the inherent dynamic of language is of considerable social as well as theoretical significance. I shall defend the claim that factors independent of a person’s linguistic competence can indeed block her ability to do things with words but I will show that the cases that have been previously considered to be cases of illocutionary failure are instances of rhetic or locutionary act failure instead. I shall refine the silencing claim as previously advanced in the debate in at least one fundamental respect. I also show that considering the metaphysics of speech acts clarifies many of the issues previously appearing as thorny bones of contention between those who hold that the only notion of silencing that is coherent is that of physically preventing someone from speaking or writing and those who hold the opposite sort of claim sketched above

Detection and resolution of normative conflicts in multi-agent systems : a literature survey

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