This is what they have. Corporation law is generally a matter of state law, and the states may change it.Seth wrote:[
Corporations are not human beings, and should not have human rights. They should have only those authorities and privileges that society, through it's elected leadership, deem necessary and reasonable for the corporations to have.
And, 1 USC sec. 1 may be amended by Congress at any time - and that says "In determining the meaning of any Act of Congress, unless the context indicates otherwise-- the words "person" and "whoever" include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals;" - so - it's perfectly o.k. to make them "not persons."
The basic distinction in the US is the same as JOZ mentioned - legal person vs. natural person.
Corporations are made legal persons mainly so that they can be taxed separately from natural persons. If they weren't legal persons, they'd just be groups of people and there would be a zero corporate tax. Also, corporations are given person status so that there may be shareholder limited liability. That allows investors to buy equity interests in the company but only put their investment at risk, not their life savings and personal assets. It also allows corporations to contract separate and apart from their owners - if corporations aren't persons, then they can't sign a contract, sue in court, or be sued in court in their own right. They'd just basically be partnerships.
It's certainly not something that has to be, as a matter of fundamental liberties. Corporations can be eliminated altogether. Like other forms of business entities, their rights and responsibilities are set by state law - like limited liability companies - I can start one today, because state law says I can. If they repealed the limited liability company act, then I couldn't do that. The corporation law of my state could be repealed to.
As far as constitutional rights go, the the idea that corporations or partnerships have free speech is simply an acknowledgement that these entities are fundamentally just groups of people. An individual has the right to speak and publish, right? So, a group of individuals who call themselves PETA, Inc. can also speak and publish. That's the basic gist of it, anyway.