An en banc ruling in the Ninth Circuit Court of Appeals contends that corporations are actually not people, when the case in question considers an individual writing “death threats” to corporations.
The case had to do with a man named Kurt Havelock, who planned but never carried out a shooting at the Super Bowl in 2008. Havelock mailed his threat to media organizations but did not target anyone specifically. An original three-judge panel ruled that this did not constitute a criminal act:
The case concerned Kurt William Havelock, who drove to the Super Bowl in Glendale, Arizona, with a newly purchased assault rifle and dozens of rounds of ammunition with the intent to kill. “It will be swift and bloody,” he wrote media outlets in packages mailed a half hour before he got cold feet and abandoned his plan. “I will sacrifice your children upon the altar of your excess.”
With the prodding of his father, he turned himself in to local police. Federal authorities charged him with six counts of mailing threatening letters. The defendant was convicted on all charges and sentenced to a year in prison.
During the trial and on appeal, the 40-year-old, who was disgruntled that he was denied a liquor permit to open a bar, argued that he committed no crime at all. The 9th U.S. Circuit Court of Appeals agreed in a 2-1 decision.
Under the threatening-letters statute, “the ‘person’ to whom the mail is addressed must be an individual person, not an institution or corporation,” wrote Judge William Canby, who was joined by Judge Betty Fletcher. Havelock’s communications were mailed to media outlets, not named individuals, the majority noted.
Now the entire Ninth Circuit has ruled on the matter, and they agreed with the preliminary ruling that death threats mailed to corporations aren’t illegal, specifically because corporations are not people for the purposes of this criminal statute:
Whoever knowingly so deposits or causes to be delivered [by the Postal Service according to the direction thereon], any communication with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than five years, or both.
In the en banc opinion, the Ninth Circuit rules:
§ 876(c) refers exclusively to an individual, or to a natural, person. Therefore, the statute requires that the threatening communications be addressed to a natural person. We also hold that in order to identify the addressee, a court is not limited to the directions for delivery on the outside of the envelope or on the packaging, but also may look to the content of the communication. Because appellant Kurt William Havelock’s (“Havelock”) communications were not addressed to natural persons, we reverse his six convictions of mailing threatening communications in violation of § 876(c).
Obviously this is a strange case to determine the nature of whether corporations are people, and the interpretation could be viewed here as quite narrow. But it does show the difficulty with playing out that argument. It may fit in terms of free speech – at least for the Supreme Court – but it doesn’t for a wide majority of other cases. Is there such a thing as a corporate death penalty? Can a corporation be held for perjury? And so on.
If we start splitting the baby between “persons” and “natural persons” we’re just going to twist statutes to the point of being unrecognizable. This could bolster the case down the road for striking corporate personhood.




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It was easier to split the baby between “murder” and “speech,” which it seems they have done.
Interesting ruling. I don’t think we’ll understand the implications of it fully until it’s cited as precedent in other cases.
Are we now required to put “natural people” in quotes?
With my limited understanding, I think it could also be used by corporations to argue that they can’t be held criminally responsible for crimes like murder…
On edit – You know, “If I can’t be the victim or a crime committed against a natural person, I can’t be the perpetrator of a crime committed against a natural person, or the perpetrator of a crime that by its definition would be committed by a natural person”.
Until the SC is populated with jurists rather than political appointees outcomes can be predicted only by 1% vs. 99%. 99 guesses who I think owns the SC.
I’ve got 99 guesses and ‘the 99%’ ain’t one?
Does this mean Corps. are “unnatural persons?”
No. Specifically because the statute clarified the context definition of a person already.
The court simply ruled in favor of how the statute was explicitly written, and made no determination about corporate personhood generally. The scope of this decision is incredibly narrow. There’s nothing interesting or potentially landmark making going on here.
Next up for consideration at the cutting edge of contemporary American jurisprudence: Can a corporation be raped? (Is there no bottom to this rabbit hole?)
Just thought I’d interject that the front page of MSN declares that Daley is stepping down as Obama’s COS. This should be interesting.
Only in the sense that they f*ck people of both sexes and many at one time. (No offense to swingers intended.)
It will be difficult for Obama to find another Republican to replace Daley but I’ll bet he manages it.
Corps are rapers, not rapees. See 11.
Apologies for this threadjacking…
This guy.
Isn’t this the “Hippie” court?????? Don;t all their rulings get overurned?
Obama does love bankers. When he leaves office (hands are in prayer position) he will probably be on the board of several.
!!!Bank of America is being foreclosed on!!!
“Atlanta’s Bank of America Plaza is one of the 10 tallest structures in the U.S. And thanks to troubles at its namesake Bank of America Corp. (BAC) and other one-time tenants, the skyscraper could be one of the tallest foreclosure tales of the financial crisis as it struggles to meet its debt service and offices remain empty.
The Altanta Journal Constitution newspaper writes that, “a company that specializes in troubled loans is making preparations for a possible foreclosure [of Bank of America Plaza] while negotiations continue on a deal to try to prevent the property from being seized by the lender, according to a report by Trepp, a real estate research firm.””
http://bankruptingamerica.tumblr.com/
I can;t believe this……………..there’a an ad on the Administaff website.
Seems like he’s been interviewing for various board positions since about mid-January, 2009.
No apology needed. I, for one, being basically lazy, always appreciate such work as saving ME all the time researching this stuff.
Hehehe! I would tend to agree except that the brief article MSN directs you to says that the Budget Director Jack Lew would take his place.
I also apologize for hijacking the otherwise perfectly good thread, but FDL has us spoiled! We’re suffering from a malady called “You guys are too good to us!” We’re just too used to discussing the news as it breaks!
That is a TRAVESTY. POTUS must step in and do something about it. /c
I mentioned a couple of weeks ago that the BofA branch near us had JUST installed three inch bullet-proof glass around the previously open-air teller locations.
Which ones has he chosen?
If I owned BofA I would have the entire buildings enclosed in bullet-proof glass with guards carrying rifles.
Betcha he get s BIIIGGGGG raise in salary.
I agree that WOULD be prudent. The question is…ARE they TOO BIG TO FAIL Mr. President????
Timmy, you wanna chime in on this???
How about, “Corporations are people, or not, depending on which is more convenient for the corporation in question at the time.” Hey, should I audition for the SC?
I have tried to be helpful, but nobody will listen:http://my.firedoglake.com/realitychecker/2011/08/20/fleshies/
“If we start splitting the baby between “persons” and “natural persons” we’re just going to twist statutes to the point of being unrecognizable. This could bolster the case down the road for striking corporate personhood.” – God – I hope you are correct.
Guess a CEO hates it when he buys naming rights for a structure and then a real estate operation goes belly up and loses the right to sell him the naming rights to the structure.
FYI, Funny this should come up. In Texas, we have several state forms that require the signature of what is described on the form as a “natural person”. I looked that up, just to make sure I was “eligible” to sign, and found that it meant (in Texas) “not a corporation“.
I was personally surprised that your suggestion did not gather momentum nationwide. But things sometimes happen slowly young grasshopper.
I’ll steal from anybody.
Interesting. Thanks for the post.
My “take” on this 9th Circuit En Banc decision(which is worthless, quite honestly)? Nothing else will happen (except in the instance of a very very similar situation occuring again elsewhere).
Agree with someone up above that this is an incredibly narrow decision, and it will have no effect/affect on the whole Citizes United SCOTUS “decision” basically declaring that corporations are “people”… as in: the 1% gets to run the show (my words).
Heh, I heard that about you. (BUT not when it comes to horses, cuz y’all still hang folks for that, don’t you?) BTW, grasshoppers don’t live that long, so we are ALL young.
It turns out that the property isn’t owned by Bank of America anymore (Atlanta Journal-Constitution, Jan. 6, 2012) but BentlyForbes now apparently having financial troubles:
More on Bentley Forbes Group LLC.
More on LNR Partners, LLC (State of Florida) as opposed to LNR Properties, LLC (State of Florida) with the same logo but in a different color.
mzchief,
Does this mean Bankrupting America will get to stay?
Um, are you referring to the blog, “Bankrupting America,” “created by the folks at the Rainforest Action Network and The New Bottom Line“?
I would have to disagree, speaking personally… think it’s pretty interesting! Guy writes in letters: “It will be swift and bloody,”
..and, “I will sacrifice your children upon the altar of your excess.”
..Then, loads up on guns & ammo, drives to a place where there’s a whole bunch of random people he plans to start shooting at…. and he didn’t commit a crime simply because no specific person was targeted?
In a practical, common-sense sorta way, I just find that really interesting.
And bizarre.
I can see other reasons to say no crime was committed, for example, that he stopped himself from doing this terrible thing, and turned himself in. To me that makes more sense, as a reason not to charge a person with a crime, than the idea that no specific person was targeted.
He was charged with a crime of making the threats, not for anything else. That he made threats isn’t in question, and neither is that he didn’t follow through on it. So…
seems to be a misunderstanding about what is at issue here.
Lastly, my comment about “interesting” was in the context of corporate personhood, not addressed universally.