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89 Miss. L.J. 1 (2019-2020)

handle is hein.journals/mislj89 and id is 1 raw text is: OF METAPHORS AND MAGIC WANDS: ARE CORPORATIONS REALLY PEOPLE? Kenneth Chestek* I. How DID WE GET HERE9 ..................... 10 A. How Corporations Became People ............ 10 B. How Money Became Speech ................ 13 II.CORPORATIONs ARE PEOPLE IS NOT A PROPER LEGAL FICTION .......................................... 15 III. METAPHOR OR METONYM? ................... ..... 21 A. The Metonym of Money as Speech... ............ 21 B. The Power of Metaphor......... ............... 23 C. Breaking Free from Bad Metaphors: The Theory of OODA .................. .............. 25 D. Rethinking the Metaphors .......... ....... 29 IV. FINDING BETTER METAPHORS ..................... 32 A. Corporations are Tools .......... ............. 33 B. Money is a Megaphone ............... ..... 38 V. THE FIRST STEP TO SOLUTION: A CONSTITUTIONAL AMENDMENT ................................ ..... 39 Professor of Law, University of Wyoming College of Law. The author is also co- founder, and currently Chair, of a Wyoming political action committee known as Wyoming Promise, a non-partisan, grass-roots organization of Wyoming citizens attempting to get a measure on the Wyoming ballot demanding an amendment to the United States Constitution declaring that corporations are not people and that money is not speech. This article is based on a presentation by the author at TEDxCheyenne on June 9, 2017; the video of this talk is available for viewing online at https://www.youtube .com/watch?v=aU4woH9gFDI [https://perma.cc/LCX3-63MQ] (viewed August 31, 2018). The program was also presented again live at the Sixth Applied Legal Storytelling Conference at American University in Washington, D.C. in July, 2017. The author wishes to thank professors Mark Glover, Jason Robison, Melissa Alexander, Tara Righetti, Temple Stoellinger, Lauren McClane; the Rocky Mountain Legal Writing Scholarship group; participants in the West Coast Rhetoric Scholars Workshop; and Brad Kovach and April Hughes, the organizers of the TEDxCheyenne event, for helpful comments. 1