Daniel Greenwood is a highly unusual law professor who writes academic articles with subtitles like “The Illegitimacy of Corporate Law” and “Why Corporate Speech is Not Free.” Strangely, his work has been strangely overlooked by the democracy/anti-corporate movement. That’s a shame because it’s great stuff and worth a close look.

Recently Professor Greenwood switched from University of Utah to Hofstra Law School, so he has a new web page with links to all his writings:

http://people.hofstra.edu/Daniel_J_Greenwood/

Sample article titles:

“Should Corporations Have First Amendment Rights?” (a classic)

“Democracy and Delaware: The Mysterious Race to the Top/Bottom”
From the abstract: Re-politicizing corporate law would allow us to see a series of difficult value choices that are currently concealed but ought to be the subject of political debate”

“Markets and Democracy: The Illegitimacy of Corporate Law”

“Introduction to the Metaphors of Corporate Law”

“First Amendment Imperialism”

“The Semi-Sovereign Corporation” (very good)

“Essential Speech: Why Corporate Speech is Not Free” (awesome article!!!)

- Posted by Ted Nace

This is both darkly humorous and rather telling…

State Sen. John Fonfara, D-Hartford, has been a strong advocate of giving consumers a choice besides cable for television service. But his letter inviting constituents to an AT&T-sponsored event Friday celebrating its new U-verse TV service may have gone too far, some critics say. A letter sent by Fonfara on April 1 to residents on several streets in Hartford’s Behind the Rocks neighborhood encouraged them to attend the event marking the local U-verse launch.

The mailing, paid for with state money and printed on official Senate letterhead, described U-verse as an “exciting new technology” and listed a website for potential customers to check for availability. Fonfara, co-chairman of the legislative committee that deals with cable and telephone regulation, said the letter was meant to highlight a cable TV alternative. “I am promoting the fact there’s competition coming to my district, where so many people said it would never happen ,” Fonfara said at the event at Rocky Ridge Park.

Fonfara’s decision to highlight U-verse in official state correspondence crossed the line, said state Rep. Christopher Caruso, D-Bridgeport, co-chairman of the government administration and elections committee, which writes and oversees ethics law. Caruso said the letter doesn’t violate state ethics laws or legislative mailing rules, but mailings discussing the advantages of a new product should be sent out by the company, not legislators. “That is a promo piece,” Caruso said. “John is a good friend of mine, but I won’t have written the letter.” The letter was also criticized by Edwin Vargas Jr., a former Democratic town committee chairman who is considering challenging Fonfara for the party nomination this year for the 1st Senate District, which includes parts of Hartford and Wethersfield.

Fonfara “may have gone too far”? He “crossed the line”?

There is no line left to cross here, folks. The so-called ‘line’ between the power of the corporation and that of the state has long been obliterated. Fonfara’s real transgression wasn’t that he turned his public office into an advertising division of AT&T, it was that his clumsy actions (clumsy from a power management perspective) simply made that condition more readily visible to the normally unobservant eye of the general public.

Read The Full Article

There’s more on Mr. Fonfara’s ‘gaffe’ Here from The Hartford Courant

This brings to light the aphorism about how American politics is pretty much about organized money vs. organized people, as the incident highlighted here is a literal example of what is meant by that. It’s a pretty telling indictment of the popularity of Comcast’s position on the all-important issue of Net Neutrality that they have to resort to recruiting citizen mercenaries to support their efforts within anything resembling the sphere of democratic accountability in the decision-making processes of governance.

Comcast Paid Shills To Attend FCC Hearing

The Federal Communications Commission hearing about net neutrality this week was so crowded that police had to turn away an estimated 100 people from the Harvard Law School classroom where the event was held. The large audience even seemed to surprise some of the organizers, who did not have an overflow room available on site.

But now, it’s come out that the packed room wasn’t just filled with concerned citizens. Comcast paid shills to arrive early and save seats so that employees and other supporters could attend and cheer on executive vice president David Cohen.

The move came to light after the net neutrality advocacy group Free Press posted this MP3 file of an interview with an unidentified line-stander on its site. “Honestly, I’m just getting paid to hold somebody’s seat,” a man said on the recording. “I don’t even know what’s going on.” Pictures also surfaced online showing audience members sleeping during the hearing.

Read The Full Report

Harold Feld of Wetmachine.com really lays out the disturbing meaning underlying this whole situation with his column For the Clueless Among Us: Why Comcast Paying Folks to Attend FCC Hearing Is Wrong. The fact that Comcast is trying to claim this is simply an example of democratic organizing shows just how far out in orbit these corporations are in regards to their understanding of what truly meaningful and appropriate exercise of democratic governance and accountability is. But then, ruling elites hiding behind the legal fictions of corporations do not, nor ever have, given much concern to the whole notion of ‘democracy.’

I can’t believe I actually need to explain this.

Suppose Comcast made the following offer: If you vote “yes” on a ballot initiative we like (and agree to take a pocket recording device into the voting booth with you so we can have proof), we will pay you $50.

Most of us would not only say that this is wrong, we would have no problem understanding why that’s a crime. We would not be persuaded by Comcast defending itself by saying “well, Free Press and other organizations have campaigned in support of the bill and are calling people to ask them to go out and vote — they even provide free rides to people likely to vote for the initiative. That’s just like paying people directly to vote the way we want.” In general, we recognize a difference between organizing ad trying to persuade people to vote the way you want and actually paying people for their vote (and wanting a receipt).

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Which brings us back to Comcast. This isn’t some gray area of giving local employees the day off with pay and a free ride while others had to take time off ad make their own way. This is just hiring warm bodies to block others and — if they stay awake long enough — to applaud on cue. The notion that this is in any way comparable to the kind of civic conversation that democracies depend on and the sort of organizing that Free Press engages in — citizens persuading other citizens and urging them to make their voices heard — is worse than ignorant and beyond Orwellian. It is downright insulting. It takes our most fundamental right and responsibility as free citizens and transforms it into a mockery. It is literally to defend the practice of placing democracy up for sale, and to reduce our democracy to the level of a banana republic.

The best democracy money can buy.

Read The Full Post

Update: Looks like the FCC and even members of Congress are taking notice of these stunts by our friends at Comcast. Sen. John Kerry of all people actually defined the point pretty well…

“Trying to lock out the public is a great example of why we need net neutrality… If the other side will use their money to restrict public access to a public meeting, how can we feel confident they won’t use their power to restrict voices in the virtual world?

Read more about it Here

Another Update: Looks like Robin Harris has weighed in on this issue as well on his blog ‘Storage Bits’….

Comcast hired dozens of “seat-warmers” that kept others from attending a Monday FCC hearing held at Harvard’s Berkman Center for Internet and Society meeting room for an FCC hearing. God forbid that the public be seen at a hearing intended to solicit public comment.

Then they lied about it.

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Trust Comcast to regulate the Internet? They can’t manage the PR for a public hearing let alone the Internet.

Read The Complete Post with Comments Here

A report by telecom and broadband expert and activist Bruce Kushnick laying out in painful detail how model corporate bills get introduced and enacted in state legislatures. Here he is describing the situation in Wisconsin, but it pretty much works the same everywhere. Just replace the words “Wisconsin” and “Madison” with locations of your choice, and you’re pretty much there.

The best democracy money can buy.

Read The Complete Report

AT&T has been doing this all around the country, taking their business plan and finding willing acolytes in state legislatures to sponsor it under the guise of public legislation.

This article on what they are doing in Wisconsin gives a good synopsis on their M.O. on how this corporation is co-opting state lawmaking for its own agenda. Well worth the read for anyone interested in understanding how the law making mechanisms of our corporate state functions.

When you write the rules, you win the game. This week in the Senate, the fight will be over the rules governing the delivery of cable TV, internet, and telephone services for the foreseeable future.

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The bill as written, gives AT&T the power to do just about anything it wants, without consequences or the public having a say. This is the “competition” AT&T advertises on television and in direct mail across the state.

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Lobbyists for AT&T told me that they want to continue to offer “charity” and provide service to public places like fire and police departments and schools but they don’t want the requirement in law. In Michigan, however, when providing public cable services became optional, the cables were cut to police departments, fire stations and local government. And there was no recourse.

That is why who writes the rules makes a difference.

Here is a bit of a heartening follow up in how showing how there is at least some element of growing awareness about what is going down in Wisconsin, and how there is an element of hesitancy and even resistance to the corporate juggernaut. Typical in that the more people learn of the true nature of these kinds of moves by corporations, the more they don’t want them. Unfortunately, any attempt to counter the moves of entities like AT&T through some semblance of democratic accountability without confronting the rights they wield over our society through corporate personhood are eventually doomed to failure.

Read more on how Some Support For Cable Competition Bill Is Eroding

Good interview with Thomas Linzey of the Community Environmental Legal Defense Fund (CELDF), on the true nature of why and how corporations wield their power over our civic society and what can be done about it. It also references CELDF’s ‘Democracy Schools’, which I have attended on a number of occasions and highly recommend to anyone interested in deepening their understanding of what we are up against and how to better aim their efforts towards changing our current political situation through changing the structure of law.

Thomas Linzey thinks of himself as more than just a lawyer. A co-founder of the Community Environmental Legal Defense Fund (CELDF), Linzey is a practicing attorney, committed to the idea that change happens at the grassroots. Much of his activism occurs through CELDF’s “Democracy Schools,” an innovative curriculum that encourages people to go beyond the single issue they are working on to think of their struggle as part of a larger fight against corporate power. The schools prompt citizens to question basic assumptions behind our legal system. Linzey and his colleagues encourage communities to create local constitutions, or “home-rule charters,” enumerating the rights of local citizens and backing up those rights with enforceable laws.

Q: Can you tell us about “democracy”? It’s a word used by everyone and can mean so many things.

Thomas Linzey: Well, I don’t think we have ever had a democracy in this country. I think it’s a myth that majorities have ever been able to decide what happens to their communities and their lives.

It goes back to the American Revolution when we jettisoned the king, but we didn’t jettison the English structure of law. That structure of law developed at the same time England was developing into a global cultural empire. And the folks that wrote the U.S. Constitution, which serves as the DNA or hardwiring for this country, in essence worshiped English common law. We got rid of the King but we didn’t get rid of an English structure of law that placed property and commerce over the rights of communities and nature.

Amazing as it might sound, a community that may want to stop toxic waste, or stop toxic sludge from coming in, or stop a big corporate hog factory farm from coming into the community, not only runs up against the corporations and the state regulatory agencies, it runs up against the Constitution.

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Q: Many people in this country don’t understand that corporations have personhood rights. Why does this come as such a surprise to some people?

TL: That’s a very good question. People only begin to peel back the layers of the legal opinions under which they are governed when they have something threaten them personally. One or our most able organizers — a woman named Jennifer England — is from southwestern Virginia. She has seven children. And she’s an evangelical Christian. There were plans to dump sludge right next to her house. And it was that imminent threat to her kids, to her land, to her family, to her home, that drove Jennifer to start questioning how this entire structure of law is set up.

She asked, “Why can’t we just have a law that says ‘no sludge can be spread in this community’?” So we had a conversation with her, and we told her that you can’t do that, because it would be illegal. It’s unconstitutional to ban something at the community level that the state has permitted, because it violates the corporation’s constitutional rights. So the question is, as Jennifer asked, “Why?” When you explain to people like Jennifer that corporations are persons, it just doesn’t make any sense to them.

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What this work is about is knitting together those communities who are finally learning that they are always on the losing end of the stick, that the regulatory agencies are not a remedy, that they can’t turn to their state legislature or their courts for a remedy because those courts are carrying out laws that are written by the corporations in the first place.

Read the complete interview from Alternet

This is disturbing, but unfortunately not unexpected. Regardless of one’s perspectives on Oliver North, this is a real problem. What is ironic is North has consistently been a cheerleader and partisan flack for an ideology for which this is a real world result of it’s successful fruition.

The Enemy Within: Selling Alternative Reality to the American Public

Oliver North has a beef with the Smithsonian. The American institution, largely funded by public tax dollars, has decided what information it will allow him - or anyone - to present to the public. Recently Col. North, on behalf of his Fox News series “War Stories”, went to the Smithsonian National Air and Space Museum to get footage of the Enola Gay - the WWII airplane that dropped the nuclear bomb on Japan. To his surprise, he and his crew ran into such resistance from the museum that, in the end, it was impossible to get the material they needed for their documentary; this, in spite of the fact that the Smithsonian exists to preserve American history for us all.

Col. North commented that he received better cooperation from the Vietnamese government and Ho Chi Minh’s protegees.

It turns out that the Smithsonian has entered into a “secret” business deal with Showtime/Viacom, which gives the media company exclusive control over film and photos of historical treasures (our historical treasures) in over 150 of its museums. Senator Charles Grassley, ranking member of the Senate Finance Committee (which oversees the Smithsonian), told Col. North, “This raises serious concerns about any contracts that the Smithsonian may have entered into that limit people’s contact with American treasures…”

Why should it matter that a media conglomerate controls access to the Smithsonian?

Find out Here

Naomi Klein sums it up pretty succinctly with her new book “The Shock Doctrine”, which exposes the lie that ‘free markets’ thrive on freedom, revealing the unpleasant and incontrovertible history of violence and exploitation behind the implementation of so-called ‘neo-liberal market economies’ around the world.

This article published in Britain (we probably won’t see a lot of discussion on this the Sunday morning talk shows or, say, The News Hour with Jim Lehrer) does a good job of detailing some of the meat behind this issue. The book is a must read, and in a better world would be required reading in Political Science, Economics and Communications courses around the country (and the world).

I started researching the free market’s dependence on the power of shock four years ago, during the early days of the occupation of Iraq. I reported from Baghdad on Washington’s failed attempts to follow “shock and awe” with shock therapy - mass privatisation, complete free trade, a 15% flat tax, a dramatically downsized government. Afterwards I travelled to Sri Lanka, several months after the devastating 2004 tsunami, and witnessed another version of the same manoeuvre: foreign investors and international lenders had teamed up to use the atmosphere of panic to hand the entire beautiful coastline over to entrepreneurs who quickly built large resorts, blocking hundreds of thousands of fishing people from rebuilding their villages. By the time Hurricane Katrina hit New Orleans, it was clear that this was now the preferred method of advancing corporate goals: using moments of collective trauma to engage in radical social and economic engineering. Most people who survive a disaster want the opposite of a clean slate: they want to salvage whatever they can and begin repairing what was not destroyed. “When I rebuild the city I feel like I’m rebuilding myself,” said Cassandra Andrews, a resident of New Orleans’ heavily damaged Lower Ninth Ward, as she cleared away debris after the storm. But disaster capitalists have no interest in repairing what once was. In Iraq, Sri Lanka and New Orleans, the process deceptively called “reconstruction” began with finishing the job of the original disaster by erasing what was left of the public sphere.

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As I dug deeper into the history of how this market model had swept the globe, I discovered that the idea of exploiting crisis and disaster has been the modus operandi of [Milton] Friedman’s movement from the very beginning - this fundamentalist form of capitalism has always needed disasters to advance. What was happening in Iraq and New Orleans was not a post-September 11 invention. Rather, these bold experiments in crisis exploitation were the culmination of three decades of strict adherence to the shock doctrine.

Seen through the lens of this doctrine, the past 35 years look very different. Some of the most infamous human rights violations of this era, which have tended to be viewed as sadistic acts carried out by anti-democratic regimes, were in fact either committed with the intent of terrorising the public or actively harnessed to prepare the ground for radical free-market “reforms”. In China in 1989, it was the shock of the Tiananmen Square massacre and the arrests of tens of thousands that freed the Communist party to convert much of the country into a sprawling export zone, staffed with workers too terrified to demand their rights….

The bottom line is that, for economic shock therapy to be applied without restraint, some sort of additional collective trauma has always been required. Friedman’s economic model is capable of being partially imposed under democracy - the US under Reagan being the best example - but for the vision to be implemented in its complete form, authoritarian or quasi-authoritarian conditions are required.

Read the complete article in the Guardian UK

Purchase a copy of the book Here

The line between the power of corporations and that of the state is not just blurred anymore, it is simply no longer there.

Back in June, the Bush Administration invited one of AT&T’s key lobbyists, Ed Gillespie, to serve as White House counselor. A few weeks after that, BushCo expanded AT&T’s resident lobbyist’s role to include most of Karl Rove’s portfolio. Just days after Gillespie took over that role, the DOJ made an unusual intervention into the FCC’s request for comments on Net Neutrality, weighing against Net Neutrality.

Well today, one of AT&T’s former key attorneys, Peter Keisler, just took over the Department of Justice.

In the late 1990s, Keisler represented AT&T before SCOTUS in a case divvying up authority over how the 1996 Telecom Act would be implemented. He represented AT&T and other telecom companies fighting local ordinances limiting the acts of telecommuncation companies.

In early 2001, Keisler helped AT&T win the dismissal of a lawsuit that charged AT&T had illegally shared private information (a customer’s unlisted phone number) with AT&T’s credit division. The Second Circuit ruled that transfer of such personal information does not incur damages, and therefore private citizens cannot sue.

In June 2006, Keisler was one of a number of government lawyers arguing that New Jersey had no legal authority to subpoena documents relating to AT&T’s and other telecomm companies’ participation in the warrantless wiretapping program. Also in June 2006, Keisler invoked state secrets in Hepting v. AT&T, an attempt to scuttle the citizen lawsuits on the warrantless wiretap program.

In other words, both in and out of government, Keisler has represented AT&T’s interests masterfully.

It is worth noting that Ed Gillespie used to be the chief lobbyist for Enron before taking over as Chairman of the Republican Party, before moving from that job to his current position at AT&T. If one wanted to take the time, one would find a rather detailed circular wheel of connections between most of the names mentioned in this piece (and implied at with references to things like “Karl Rove’s portfolio”), their interrelationships between the Bush administration, the GOP, and the corporations which to all effective intents and purposes operate (and increasingly own) the our governance system.

Read the complete post Here on The Next Hurrah, complete with good links and references

When this effort begins to shift from ‘asking’ and ‘urging’ AT&T to ‘do the right thing’ and waiting for ‘assurances’ that they will fulfill policies and ‘regulatory guidelines’, to ‘insisting’ and ‘demanding’ that they stop interfering with the provision of fundamental rights of people to communicate, then these efforts will make great strides in becoming truly effective in achieving the goals they are dedicated to achieving. As uncomfortable as a process this is likely to be, I think it will become unavoidable in truly confronting the real nature of the problem being faced here.

For instance, whether the ‘company has in place adequate procedures to prevent unauthorized political censorship’ is in the end irrelevant. The petitioners behind this effort also claim that “To be meaningful, a policy that disallows political censorship must be combined with procedures that ensure compliance.”

Yes, and those procedures must include the foundational stone of core legal and civil rights which provide for the preeminent fundamental rights of human beings to communicate.

I readily admit such a statement can sound like fuzzily warm and flowery high minded rhetoric the state of which we may all want to assume to be a given. We can believe that these principles are already well understood and incorporated (no pun intended) in our legal and civic structures, especially with their pronounced reiteration in such documents as the Universal Declaration of Human Rights (Article 19), the declarations of the World Summit on the Information Society, even our own and increasingly maligned First Amendment. However, these rights cannot be supported only in the courts of public opinion as asked for by the people involved in the effort referred to here, but will need to be clearly defined, established and protected in the judicial courts of this nation (and the world) if we are to eventually have meaningful success in the endeavors envisioned here.

The unpleasant fact is that these rights do not really currently exist, or at least only to the degree that they are treated as being subservient to their usurpation by fictional entities of corporations, entities which are allowed to apply these laws protecting those very same human and civil rights and wield them for themselves. This will be legally justified by trumping human rights laws with property rights laws, which AT&T will continue to do here (and most likely effectively so, if past history is any indicator) in order to transcend any meaningful accountability to the goals being asked for by this public petition.

Don’t get me wrong. This is encouraging to see the shareholders of this corporation take this stand and work to change the decision making processes of this corporation and the roles it is playing and the effects it is having on the free flow of information and communication in our society. A heartening response.

My point, however, is that voluntary compliance or self-regulating mechanisms within these entities such as AT&T does not challenge the fundamental problem of these entities wielding any of these rights in the first place. The Civil Rights movement would not have been content to allow for ‘voluntary’ or ’shareholder’ policies that provided for equitable treatment of minorities, in which the ‘market’ will decide who is rewarded for providing for basic civil and human rights or not. That would seem laughable on the face of it in retrospect, yet that is the same attitude we take when we cede our society’s right to decide over the wielding and implementation of fundamental rights of information and communication to governing minorities hiding behind the edifices of corporate governance structures today. Why should AT&T have any more right to decide who can communicate what to whom or to serve as gatekeepers of this kind of civic process, than to be able to decide those same rights to these functions based on the color of a person’s skin?

Read the Open Letter to AT&T by Steve Lippman, Vice President, Social Research and Farnum Brown, Portfolio Manager of theTrillium Asset Management Corporation.

- Andy Valeri, USTV Media