Do corporations have the same rights as human beings? How could that be if they are creations of state law and judges’ opinions, asked the newest member of the U.S. Supreme Court, Justice Sotomayor? If corporations have a right of free speech, do they also have other inherent rights -- of vote, of assembly, of the right to bear arms? How far down that slippery slope do judges want to travel?

If corporations have the same rights, do they have the same responsibilities and liabilities as human beings? If a corporate marketing arm creates a political movie, which perchance steps over the line to slander or defamation of character, do the corporate individuals have a liability as a human being would? If that liability includes a financial penalty, would the corporate individuals take the financial hit or would shareholders be held accountable for the offending behavior? Can a human being separate out its responsibility as a corporate entity can? Can a human being hold someone else liable for the adverse impact of his or her actions?

Interesting questions from a very wise Justice. Finally.

See the article: "Sotomayor Issues Challenge to a Century of Corporate Law" at WSJ September 17, 2009.