Thursday, October 1, 2009

No way out for the Supremes

Supremes have a tough job ruling on corporate publishing rights.

I am still perplexed on the Congressional election law limiting the right of corporations to publish. In the best of arguments, a publishing corporation shareholder could claim that Congress distorts their access to limited immunity. Limited immunity might be peculiar to the right to publish.

But the argument is still stuck because the right to publish predates the right to incorporate, so what right of individuals to group together and publish was eliminated?

Answer? It doesn't matter, because that is a different case between the unincorporated group and the defenders of right to assembly and publish. That group is not part of this case, this is corporate law, contracts. It can only be argued in terms of contractual due process, a civil jury.

What is worse is that Congress already has a proven right to regulate corporate publishing via SEC law and NASB standards.

I suggest the Supremes deem this case a civil contracts law and pass it back down. Don't try heroics, that means you Sotomayor.

No comments: