The Imperative to Implement Citizen’s United

Certainly among political activists and, to a lesser extent, legal academics, the decision in Citizens United has created a lot of angst. The decision in essence held that corporations are people with First Amendment rights. So, if corporations have First Amendment rights, perhaps there needs to be a reexamination of obligations that come with citizenship.

Perhaps nothing is a more essential obligation of citizenship than jury duty.  HB 3385, a bill introduced in Oregon, would require that judges and courts accept corporations as jurors. The state’s existing jury statute (ORS 10.030) would be supplemented with a new paragraph (4).

Any corporation organized under the laws of this state is eligible to act as a juror in a civil or criminal trial or as a grand juror. The corporation must act as a juror or grand juror through an individual agent of the corporation who would be eligible to act as a juror or grand juror under subsection (2) or (3) of this section.

Before you dismissively conclude this is silly, think of the opportunities it will open up.  This initiative may open a whole new cottage industry of “corporate jury consultants.” Sir, can you tell me, does Target believe in the presumption of innocence?

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