Cite as: 558 U. S. ____ (2010)
75
Opinion of STEVENS, J.
1. Antidistortion
The fact that corporations are different from human
beings might seem to need no elaboration, except that the
majority opinion almost completely elides it. Austin set
forth some of the basic differences. Unlike natural per
sons, corporations have “limited liability” for their owners
and managers, “perpetual life,” separation of ownership
and control, “and favorable treatment of the accumulation
and distribution of assets . . . that enhance their ability to
attract capital and to deploy their resources in ways that
maximize the return on their shareholders’ investments.”
494 U. S., at 658–659. Unlike voters in U. S. elections,
corporations may be foreign controlled.70 Unlike other
interest groups, business corporations have been “effec
tively delegated responsibility for ensuring society’s eco
nomic welfare”;71 they inescapably structure the life of
every citizen. “ ‘[T]he resources in the treasury of a busi
ness corporation,’ ” furthermore, “ ‘are not an indication of
popular support for the corporation’s political ideas.’ ” Id.,
at 659 (quoting MCFL, 479 U. S., at 258). “ ‘They reflect
instead the economically motivated decisions of investors
and customers. The availability of these resources may
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takings jurisprudence and numerous rules of criminal procedure. More
important, the Austin Court expressly declined to rely on a speech
equalization rationale, see 494 U. S., at 660, and we have never under
stood Austin to stand for such a rationale. Whatever his personal
views, Justice Marshall simply did not write the opinion that THE
CHIEF JUSTICE suggests he did; indeed, he “would have viewed it as
irresponsible to write an opinion that boldly staked out a rationale
based on equality that no one other than perhaps Justice White would
have even considered joining,” Garrett, 52 Howard L. J., at 674.
70 In state elections, even domestic corporations may be “foreign”
controlled in the sense that they are incorporated in another jurisdic
tion and primarily owned and operated by out-of-state residents.
71 Regan, Corporate Speech and Civic Virtue, in Debating Democ
racy’s Discontent 289, 302 (A. Allen & M. Regan eds. 1998) (hereinafter
Regan).