What is the Constitutional basis for the Nike Corporations claim?
No mention of corporations exists in our Bill of Rights (or anywhere else in the Constitution). Nike’s claim is based on precedent that the 14th Amendment applies to corporations. This has been applied in many cases — illegitimately we believe. The fact that Plessy vs. Ferguson was cited as precedent for all manner of racial discrimination did not make it Constitutional, reasonable or just; nor is the 19th century subversion of our Constitution by 19th century railroad lawyers. See our Corporate Personhood page for extensive information on this history, especially the article The Hijacking of the 14th Amendment.
