Five Questions for Jeff Clements
February 21, 2012, by Scott Gast
In January 2010, in a court case known as Citizens United, the U.S. Supreme Court arrived at a 5-4 decision prohibiting government from assigning limits to corporate political spending. The decision, which will undoubtedly play a role in the drama of the 2012 presidential election, highlights a question at the core of the democratic process: should corporations enjoy the same free speech privileges as human beings? Jeff Clements doesn’t think so. An attorney and founder of the organization Free Speech for People, Clements has proposed a twenty-eighth amendment to the U.S. Constitution called the People’s Right Amendment, which would essentially reverse Citizens United. I spoke with Clements via e-mail about his new book, Corporations Are Not People, out now from Berrett-Koehler.
This book isn’t the only one to detail the dangers of corporate power, but it’s the only one I know that focuses on Citizens United. It’s a choice that feels deliberate. What is it about Citizens United that drew your attention?
Citizens United is a historic opportunity for winning fundamental change. By overturning a century of law that sought to keep corporate money out of elections, the Supreme Court made a very clear, loud, and dangerous statement about corporate power and American democracy. The vast majority of Americans know that this statement is wrong, and most people viscerally react against Citizens United—particularly as corporate money’s influence on the 2012 election continues to grow.
But the book is about much more than Citizens United, and much more than elections. Unchecked corporate power is an issue that affects everything: the air we breathe, the food we eat, the water we drink, the jobs and wages we have, the communities we live in. This didn’t “just happen”—for more than thirty years, the so-called “corporate speech” doctrine at the heart of Citizens United has been used to strike down environmental laws, public health laws, and common sense regulations of Wall Street. As a result, our government is far more responsive to the largest corporations and the tiny slice of people that control them than they are to us. And we’re all much worse off as a result.



For ten months I stood at a retired wet bar in the basement of a postwar bungalow in Cincinnati and tried to write a novel. I had decided I was a cut-to-the-bone kind of writer, and I wanted to work someplace suitably severe. I wanted no windows, no chairs, nothing to distract from the terrible beauty of sentence-making. I wanted Sparta. So while my wife stayed upstairs at a desk, in a room with wood floors and natural light, each morning I descended the stained carpeted stairs to a barren cavern with a view of nothing. I piled the length of the bar with etiquette manuals, Edwardian memoirs, anthologies of classical poetry, a few reliable jumpstarters (Banville, Wodehouse, Nabokov, O’Toole—all my white guys), and set grimly to work. When my wife and daughter laughed and cooed upstairs, when they whacked tambourines and danced around to mariachi music, I sniffed and turned up the Mendelssohn. Every half hour or so I hurled myself to the floor and did pushups.
Is the U.S. justice system about justice or law? Activists like Tim DeChristopher, who was recently sentenced to prison, are regularly punished by the courts for their acts of civil disobedience. As Tim tells Terry Tempest Williams in the
And so in 2007 we inaugurated the
Is The Wastelander man, myth, or legend?
Representing Tim DeChristopher was no easy task. As a client, he was often smarter than his defense team—and he did not want to hear about the legal and procedural niceties of a federal criminal case. He wanted to tell his story to a jury of his peers.
When I first started writing fiction, I spent a lot of time describing the settings of stories, and, often, the setting was more vivid and interesting and alive than any of the humans inhabiting the piece. Bear Down, Bear North is subtitled “Alaska Stories” because I wanted readers to know where the stories were set—because Alaska is as much a character as any of the humans in the book.