76
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of STEVENS, J.
make a corporation a formidable political presence, even
though the power of the corporation may be no reflection
of the power of its ideas.’ ” 494 U. S., at 659 (quoting
MCFL, 479 U. S., at 258).72
It might also be added that corporations have no con
sciences, no beliefs, no feelings, no thoughts, no desires.
Corporations help structure and facilitate the activities of
human beings, to be sure, and their “personhood” often
serves as a useful legal fiction. But they are not them
selves members of “We the People” by whom and for whom
our Constitution was established.
These basic points help explain why corporate election
eering is not only more likely to impair compelling gov
ernmental interests, but also why restrictions on that
electioneering are less likely to encroach upon First
Amendment freedoms. One fundamental concern of the
First Amendment is to “protec[t] the individual’s interest
in self-expression.” Consolidated Edison Co. of N. Y. v.
Public Serv. Comm’n of N. Y., 447 U. S. 530, 534, n. 2
(1980); see also Bellotti, 435 U. S., at 777, n. 12. Freedom
of speech helps “make men free to develop their faculties,”
Whitney v. California, 274 U. S. 357, 375 (1927) (Brandeis,
——————
72 Nothing in this analysis turns on whether the corporation is con
ceptualized as a grantee of a state concession, see, e.g., Trustees of
Dartmouth College v. Woodward, 4 Wheat. 518, 636 (1819) (Marshall,
C. J.), a nexus of explicit and implicit contracts, see, e.g., F. Easterbrook
& D. Fischel, The Economic Structure of Corporate Law 12 (1991), a
mediated hierarchy of stakeholders, see, e.g., Blair & Stout, A Team
Production Theory of Corporate Law, 85 Va. L. Rev. 247 (1999) (herein
after Blair & Stout), or any other recognized model. Austin referred to
the structure and the advantages of corporations as “state-conferred” in
several places, 494 U. S., at 660, 665, 667, but its antidistortion argu
ment relied only on the basic descriptive features of corporations, as
sketched above. It is not necessary to agree on a precise theory of the
corporation to agree that corporations differ from natural persons in
fundamental ways, and that a legislature might therefore need to
regulate them differently if it is human welfare that is the object of its
concern. Cf. Hansmann & Kraakman 441, n. 5.
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