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The Ontological Scandal of Corporate Personhood and Speech: a Rhetorical Analysis of Key Supreme Court Decisions Georgia State University ScholarWorks @ Georgia State University Communication Dissertations Department of Communication Spring 5-17-2013 The Ontological Scandal of Corporate Personhood and Speech: A Rhetorical Analysis of Key Supreme Court Decisions Nneka Logan Follow this and additional works at: https://scholarworks.gsu.edu/communication_diss Recommended Citation Logan, Nneka, "The Ontological Scandal of Corporate Personhood and Speech: A Rhetorical Analysis of Key Supreme Court Decisions." Dissertation, Georgia State University, 2013. https://scholarworks.gsu.edu/communication_diss/43 This Dissertation is brought to you for free and open access by the Department of Communication at ScholarWorks @ Georgia State University. It has been accepted for inclusion in Communication Dissertations by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. THE ONTOLOGICAL SCANDAL OF CORPORATE PERSONHOOD AND SPEECH: A RHETORICAL ANALYSIS OF KEY SUPREME COURT DECISIONS by NNEKA LOGAN Under the Direction of M. Lane Bruner ABSTRACT The power of the corporation is pervasive in every aspect of human life. This situation initiates a question: how did the modern corporation become so powerful? To answer this question, as well as to understand the implications of the modern corporate form and its power in contemporary society, this dissertation explores how the corporation’s power stems from three historical developments that have had lasting significance: 1) its legal personification under the Fourteenth Amendment; 2) the development of its “voice” in the form of public relations and; 3) the acquisition of First Amendment political speech rights. Independently and collectively, each of these developments contributed to the corporation’s rise to dominance within society and to its hegemony in the U.S. and around the world. In addition, the growth and expansion of corporate power is also connected to several landmark Supreme Court rulings on corporate rights. Thus, this dissertation provides a rhetorical, ideological analysis of Supreme Court rulings that have contributed to the ongoing protection and expansion of corporate rights and power under the law. These rulings include Santa Clara v. Southern Pacific Railroad (1886), which endowed the corporation with Constitutional personhood rights; and Buckley v. Valeo (1976), First National Bank v. Boston (1978), Nike v. Kasky (2003) and Citizens United v. Federal Elections Commission (2010), which all enabled, granted or protected corporate First Amendment rights. The analysis is guided by a close reading of these judicial texts. In sum, this study aims to uncover the ideological underpinnings of these Supreme Court decisions as it shows what interests are served through these rulings. It also describes how these rulings contribute to the expansion of corporate power and shape the relations between human beings and corporations in our society, in ways that are ontologically controversial. INDEX WORDS: Corporations, Corporate discourse, Corporate Voice, Public Relations, Rhetoric, Ideology, Artificial Persons, Economic Liberalism, Neoliberalism, Critical Race Theory, Reification THE ONTOLOGICAL SCANDAL OF CORPORATE PERSONHOOD AND SPEECH: A RHETORICAL ANALYSIS OF KEY SUPREME COURT DECISIONS by NNEKA LOGAN A Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in the College of Arts and Sciences Georgia State University 2013 Copyright by Nneka Logan 2013 THE ONTOLOGICAL SCANDAL OF CORPORATE PERSONHOOD AND SPEECH: A RHETORICAL ANALYSIS OF KEY SUPREME COURT DECISIONS by NNEKA LOGAN Committee Chair: M. Lane Bruner Committee: Greg Lisby Natalie Tindall Alessandra Raengo Steve Olson Electronic Version Approved: Office of Graduate Studies College of Arts and Sciences Georgia State University May 2013 iv DEDICATION This book is dedicated to my parents, to my ancestors who came before me, and to those generations who will come after. God bless. v ACKNOWLEDGEMENTS Thank you to Dr. M. Lane Bruner, my advisor, teacher and mentor who has inspired me so much. Thank you to my committee members Dr. Lisby, Dr. Tindall, Dr. Raengo and Dr. Olson. Your guidance throughout this process and throughout my time at Georgia State University is greatly appreciated. Thank you to the Department of Communication administrative and support staff at GSU, to all of my colleagues, and to my wonderful family and friends without whose love, encouragement, and support this would have been impossible. Thank you. vi TABLE OF CONTENTS ACKNOWLEDGEMENTS ......................................................................................................v 1. INTRODUCTION .................................................................................................................1 2. THEORETICAL OVERVIEW AND METHODOLOGICAL APPROACH................... 22 3. THE SIGNIFICANCE OF SANTA CLARA ....................................................................... 44 3.1 The Triangle Trade and the Ideological Destabilization of Personhood and Property Rights .............................................................................................. 52 3.2 The Origins of Corporate Personhood and the Appropriation of the Fourteenth Amendment......................................................................................... 60 3.3 Santa Clara and the Rise of Corporate Personhood ............................................. 64 3.4 The Racialized Implications of Corporate Personhood and Power ..................... 71 3.5 Santa Clara’s Implications: The Ontological Conflation of Natural and Artificial Persons ................................................................................................... 76 4. PUBLIC RELATIONS AS THE CORPORATE VOICE ................................................. 81 4.1 The Economic Man’s Crisis of Legitimacy: A Historical Overview of Public Relations ..................................................................................................... 82 4.2 Key Public Relations Figures Who Shaped the History of the Field ................... 91 4.3 The Development of Corporate Public Relations Theory .................................... 96 4.4 Why Kasky Confronted Nike .............................................................................. 102 5. CORPORATE SPEECH RIGHTS ................................................................................... 124 5.1 Corporate Speech Rights, the First Amendment, and the Transformation of Money into Speech ........................................................................................... 124 5.2 Discussion and Viewpoints on Corporate Speech Rights ................................... 129 vii 5.3 The Powell Memo – A Catalyst for the Corporate Rights Movement ............... 134 5.4 Buckley Transforms Money into Speech and Bellotti Declares Corporate Speech Indispensible ............................................................................................ 139 5.5 Citizens United: The Crowning Jewel of the Corporate Rights Movement ....... 153 6. CONCLUSIONS: THE ONTOLOGICAL SCANDAL OF CORPORATE PERSONHOOD AND THE TRINITY OF CORPORATE POWER ............................ 167 6.1 The Primary Sources of Corporate Power ......................................................... 167 6.2 Supreme Court Rulings and the Value of Rhetorical Analysis .......................... 172 6.3 The Role of Economic Liberalism ....................................................................... 174 6.4 The Racial Implications of the Corporation ....................................................... 178 6.5 Undoing the Trinity ............................................................................................. 185 6.6 Are Corporations Bad? ....................................................................................... 188 WORKS CITED.................................................................................................................... 191 1 1. INTRODUCTION What began as a simple idea to organize and operate business more efficiently and effectively has materialized into one of the most dominant institutions in society.1 The corporation has insinuated its “self” into every aspect of human life. It influences, and in some cases determines, every aspect of the human experience: the food we eat, the water we drink, the homes in which we live, the education we receive, our modes of transportation, our access to healthcare, and more than could ever be listed here. Since the Supreme Court gave “birth” to the modern corporation in 1886, no aspect of human life has escaped its roaming and increasingly interventionist powers, especially the democratic political process. The goals of this study are to explore how and why the corporation has become one of the most dominant institutions in society, to reveal the mechanisms that reproduce its power, and to discuss the implications of the corporation for human agency. In doing so, I aim to identify key sources of corporate power and explore the ideological, rhetorical relationship between the Supreme Court, corporate rights and corporate power as I also explore the implications of the corporate form as legally configured today. My curiosity and concerns about the corporation stem from my graduate coursework in communication studies. This education was heavily influenced by rhetorical training that often focused on analyzing the relationship among language, power,
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