How to Hold Corporations Accountable

By Kevin Danaher and Shannon Biggs and Jason Mark, PoliPoint Press. Posted November 6, 2007.

The following conversation with Thomas Linzey is an excerpt from the new book Building the Green Economy: Success Stories from the Grassroots (PoliPointPress, 2007) by Kevin Danaher, Shannon Biggs, and Jason Mark. You can read more about the book here.

Thomas Linzey thinks of himself as more than just a lawyer. A co-founder of the Community Environmental Legal Defense Fund (CELDF), Linzey is a practicing attorney, committed to the idea that change happens at the grassroots. Much of his activism occurs through CELDF's "Democracy Schools," an innovative curriculum that encourages people to go beyond the single issue they are working on to think of their struggle as part of a larger fight against corporate power. The schools prompt citizens to question basic assumptions behind our legal system. Linzey and his colleagues encourage communities to create local constitutions, or "home-rule charters," enumerating the rights of local citizens and backing up those rights with enforceable laws.

Q: Can you tell us about "democracy"? It's a word used by everyone and can mean so many things.

Thomas Linzey: Well, I don't think we have ever had a democracy in this country. I think it's a myth that majorities have ever been able to decide what happens to their communities and their lives.

It goes back to the American Revolution when we jettisoned the king, but we didn't jettison the English structure of law. That structure of law developed at the same time England was developing into a global cultural empire. And the folks that wrote the U.S. Constitution, which serves as the DNA or hardwiring for this country, in essence worshiped English common law. We got rid of the King but we didn't get rid of an English structure of law that placed property and commerce over the rights of communities and nature.

Amazing as it might sound, a community that may want to stop toxic waste, or stop toxic sludge from coming in, or stop a big corporate hog factory farm from coming into the community, not only runs up against the corporations and the state regulatory agencies, it runs up against the Constitution.

Q: Some people might say you are anti-business. Is that the case?

TL: This work is not anti-business. In fact, it's not even anti-corporate, in many ways. We all need toilet paper and toothbrushes, stuff that needs to be made. But the question is: Who makes decisions about how those things are made? And, in addition, the question is whether those corporations should be governing entities, or should they merely be business entities? And over time, corporations and the few people that run them have become governing entities; they make governing decisions over us.

When we try to make our own governing decisions, they slash us by using our own governmental institutions, legislation, and the courts. The work is not anti-business at all. It's simply a recognition that if you are a business entity, you should do the work of business, but you should not have constitutional rights. You should not have privately enforceable rights in the U.S. Constitution, and you should certainly not have the authority to nullify community authorities.

Q: Many people in this country don't understand that corporations have personhood rights. Why does this come as such a surprise to some people?

TL: That's a very good question. People only begin to peel back the layers of the legal opinions under which they are governed when they have something threaten them personally. One or our most able organizers -- a woman named Jennifer England -- is from southwestern Virginia. She has seven children. And she's an evangelical Christian. There were plans to dump sludge right next to her house. And it was that imminent threat to her kids, to her land, to her family, to her home, that drove Jennifer to start questioning how this entire structure of law is set up.

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