"How should one interpret [the case] then?" Recognize that Citizen's United is _not_ about corporate personhood, and actually read what the case was about. The number of times I've heard people making snarky remarks about Citizen's United without having read anything about the case is amazing.
In the US, corporate personhood is about:
(1) Corporations having equal protection under the law as persons (ie the 14th amendment applies to corporations).
(2) Coporations having the same rights as persons to draft and enforce contracts, making them "legal entities". This is related to (3).
(3) "Person" as a concept applies to associations of people rather than just individuals; associations of individuals includes corporations. See here: [1]
None of these things were decided in Citizen's United and further, it had no legal bearing on the case law surrounding these things.
Instead Citizen's United was about whether a particular law violated the 1st Amendment. Specifically the law prohibited corporations from releasing media 60 days before an election if it could impact the results of that election by reaching 50,000 or more people in the electorate. But the 1st Amendment makes no distinction between e.g. newspaper companies and other corporations, so the majority opinion was that this law and other laws that limit speech of associations of people infringe on the 1st Amendment.
From the opinion: "If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech."
If corporations are people, we should jail them. If corporations aren't people, why do they have legal rights independent of the individual, jailable people who constitute them?
Compare Walmart committing bribery to me attempting to bribe my way out of speeding ticket.
We need to make fines meaningful, start holding C-level execs personally responsible in some cases, and bring back the only penalty that matters to an immortal and amoral legal entity: the death penalty, via revocation of the corporate charter. Only then will we see the behavior of corporations start to change.
Any investor should already treat them as disposable sources of revenue so crooked business actors would do the same. It would be like sentencing the gun to the death penalty and letting the robber go free. Instead pursue all those with actual power and liability who don't do the right thing and leave those who did alone as possible (it shouldn't stop enforcement) or reward them.
Otherwise they will be encouraged to "3S" (shoot, shovel, and shut up) their problems instead of cooperating or reporting.
Further, "personhood" means you can sue the corporation, it can hold property, etc. Lawyers usual call "corporate personhood" "legal entity."
Sure it does - if I am killed by a natural person due to negligence, the state can imprison the person who killed me. If I am killed by a corporation due to negligence, the state generally does not imprison any individual, because of the "corporate veil." If you get rid of the corporate veil, then that's totally fine with me. (It's just like, if human beings wish to organize for political action, they don't get any more votes that way - they still only vote as humans.)
> Further, "personhood" means you can sue the corporation, it can hold property, etc. Lawyers usual call "corporate personhood" "legal entity."
So, one of the common effects of prison is deprivation of the right to property - you don't get to access your house or the stuff in it while you're in prison. This is generally considered to be an important part of the deterrence. Why don't we do the same to corporations? Let's say that Walmart doesn't lose any of the property it owns, but for a period of a couple of years, it loses access to it.
Another side effect of jail is a loss or at least serious restriction on communications privileges with the outside world, which we can also equally well apply to corporations. Why don't we say that this applies to corporations too? While Walmart is imprisoned, no communications on behalf of the company can occur, except for access to its lawyer.
To meaningfully create a deterrent effect, there has to be a set of people who cannot avail themselves of the Corporate veil. That group of people would most reasonably be at a minimum the C-Suite, but frankly, I'm not sure you'd do anything but end up creating a practice whereby the "C-Suite" people end up becoming sacrificial, or are specifically structured into having some form of plausible deniability via isolation from information by underlings.
Corporations as a concept were extremely controversial, and rarely granted at first due to concerns of being able to absolve people of legal responsibility for actions undertaken under the flag of the Corp.
I think that a good middle ground would be that upon being judged against, a Corporation must for a period submit to serving a period in which their ability to operate is contingent upon the presence of State agents/regulators tasked with ensuring the previous behavior is remedied and no other problems exist. This includes all results of investigations into potentially illegal behavior becoming a matter of public record. This would have a satisfying parity with the practice of submitting to supervision by a parole officer.
There is some potential for abuse; but seeing as that system works just fine for petty crimes, I don't see why it wouldn't work for corporations.
There's also the bonus that it also in a way "punishes" shareholders by decreasing the opportunity for abnormal growth rates fostered by shady business practices.
Oh, one more thing.
Something may need to be done to prevent corporate engineering where assets are sold to other corporations, owned by a holding company, established for the purpose of buying out the sanctioned corporation's assets, poaching the employees, and effectively picking up where the last Corp left off, but cleaned of the government oversight. I'm thinking any liquidation or selling off of assets has to be handled through bankruptcy court.
You wouldn't necessarily want everyone staying, but I have the feeling no one would be comfortable with taking away the authority and mandate to clean up house from the Board of Directors, but I think the contents of their communique's w.r.t. the sanctioned corporation could become a (sealed for a time) matter of public record, with a State representative as a non-voting, or only tie-breaking vote on the Board
Anyway... My two cents.