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jmholla01/18/20253 repliesview on HN

> Simple answer. A chinese owned company has no such rights or protections. Free speech does not apply.

The Constitution does not place limits on which people are protected by it (you don't have to be a citizen for it to apply as the founders were looking to limit the powers of their government not their citizens). And with the expansion of those protections to corporations through Citizens United, I'd be surprised if a court found that `company + foreign != person + foreign` when they've decided `company == person`. (Well not surprised by this Court.)

> The law also does not censor content (so no free speech violation anyway). The law simply bans the distribution of the app on marketplaces stores for reasons stated (national security). Big difference.

The rest of your comment still stands right in my eyes. National Security has often been used as a means to bypass many things enshrined by the Constitution.


Replies

umanwizard01/18/2025

The court has never determined that corporations are people, that’s a completely unfounded meme.

What they did find was that (real, human) people have certain rights that they are able to exercise by organizing into corporations.

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IgorPartola01/18/2025

Ugh. CU doesn’t state that corporations are people. They can’t vote or own guns or get married or divorced. They can’t be legal guardians to children or pay income tax. They aren’t entitled to Social Security benefits and their coverage for health insurance may be denied for preexisting conditions. What CU said is that collectively people can use company resources to exercise their right to free speech and established the concept of super PACs.

This isn’t to say that it was the right decision (certainly seems to have done some very bad things). But “corporations are people” is a lay person talking point, not an actual legal doctrine. Therefore you can’t just apply it to other cases because there is nothing to apply.

You are correct that free speech isn’t limited by your citizenship status.

wombatpm01/18/2025

Isn’t Alphabet and other tech companies technically Irish owned? Doesn’t Saudi Arabia own a chunk of Twitter? Seemed like the whole ownership ship justification is a cheap canard.