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Dana Dana Blankenhorn has been a business journalist for over 25 years and has covered the online world professionally since 1985. He founded the "Interactive Age Daily" for CMP Media, and has written for the Chicago Tribune, Advertising Age, and dozens of other publications over the years.
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Moore’s Law defines the history of technology. It held that the number of circuits etched on a given piece of silicon could double every 18 months as far as its author, Intel co-founder Gordon Moore, could see. Moore’s Law has spawned constant revolutions since then, not just in computing but in communications, in science, in a host of areas. Moore’s Law applies to radios, and to optical fiber, but there are some areas where it doesn’t apply. In this blog we’ll take a daily look at new implications of Moore’s Law in real time, as it rolls forward to create our future.
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March 10, 2005

Mutterings on Corporate Personhood

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Posted by Dana Blankenhorn

The folks at ZDNet (of all places) are starting to hear mutterings against the concept of corporate personhood.

Companies are individuals under U.S. law. But they can't be killed or jailed as real people can. Their interests are immortal. (The illustration is from a group trying to change this.)

Corporations were made persons by the footnotes to an obscure 19th century Supreme Court decision involving the Southern Pacific Railroad. All those involved are long since dead but the railroal company's interests survive as part of the Union Pacific Corp.

While the ZDNet post emphasizes the enormous power corporations now have over people, I find this last most compelling. Personal interests die. Corporate interests don't. Even the most egregious corporate criminals, like MCI, can declare bankruptcy and emerge clean to be fought over again and again.

In my opinion, the decision on corporate personhood is like the court's famous tomato decision. Regardless of its merit as law, it is false regarding the facts. Tomatoes were ruled vegetables but are, in fact, fruits. Corporations are called persons but they are, in fact, anything but.

What would it mean if corporations were not persons? It would mean that anything a company did was a privilege, something that could in fact be taken away. It would be a revolution.

It would take a political revolution to make this change happen. But political revolutions happen all the time. Especially when the advocates of an obscure position are seen as over-reaching.

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