Wisconsin

Wisconsin News Round-Up, 07/01


Today's news from Wisconsin:

 

PFAW

Wisconsin News Round-up: 6/29/11

Today's news from Wisconsin:

RecallTheRight.org

PFAW

Interesting...

In a bit of coincidence, the Wisconsin union busting law goes into effect on the same day (today) that, in Ohio, the petitions to overturn a similar law are submitted to the Secretary of State.

UPDATE: We Are Ohio blew the 231,000 signature requirement out of the water and today delivered a whopping 1.3 MILLION petition signatures to get repeal of SB 5 on the ballot! I hope Gov. Kasich, the Koch brothers and all the other right-wing ideologues and corporate interests are getting nervous!

PFAW

Wisconsin News Round-up: 6/28/11

News from Wisconsin:

Rep. John Nygren says he’ll challenge the GAB’s ruling that he fell short of the required adequate signatures. However, the possibility of rehabilitating signatures is over. Don’t worry, John, I believe in you, you got this.

Nygren’s disqualification (assuming no intervention from the Signature Fairy) means Hansen will now face David VanderLeest in a July 19 general election. As for VanderLeest, I can’t describe him any better than We Are Wisconsin, who said VanderLeest’s “rap sheet reads like a directory of the Wisconsin state criminal code.”

The Prosser-Bradley controversy continues, with conservatives screaming "conspiracy!" and "smear campaign!"; just another day reporting on the grand leftist plot to destroy America... Interestingly, though, Gov. Walker isn’t quite as confident, saying “I can't overemphasize how serious I think the situation is there.” Both the Wisconsin Judicial Commission and the Dane County Sheriff are investigating the incident.

Despite supporting Walker’s extreme budget which hits schools, working families and seniors hard, State Sen. Robert Cowles was not present at the budget signing event -- even though it was held in his district. This is especially surprising considering he’s known for showing up to everything in the district. It’s ok, Rob, we don’t expect you to actually stand up and be accountable for your horrible decisions.

It seems running from reality is fashionable among Wisconsin Republicans, as Luther Olsen has been unavailable to meet with constituents several times. To be fair to Olsen, if I was him, I’d be pretty ashamed too. Check out the video, it’s fun.

As always, follow our campaign at RecallTheRight.org.

PFAW

Wisconsin News Round-up: 6/27/11

News from Wisconsin:

Candidates:

Other news:

Finally: I’ve found this resource to be extremely useful.

As always, follow our campaign at RecallTheRight.org.

PFAW

PFAW Foundation Honors Young, Progressive Elected Officials

Saint Paul City Councilman Melvin Carter and Wisconsin State Senator Chris Larson

Last weekend, about 200 young, progressive elected officials gathered in Washington at the sixth annual convening of PFAW Foundation’s Young Elected Officials Network. The Network, which includes over 600 state and local elected officials from across the country, honored five of its own who have done exceptional work in their communities over the past year.

City Councilman Melvin Carter of St. Paul, Minnesota was awarded the YEO Network’s Barbara Jordan Leadership Award. The award, named after PFAW Foundation co-founder Barbara Jordan, honors “a young elected official who has shown dedication and support to the YEO Network and has a distinguished record of public service to their community and the progressive movement at large.”

Carter, who is now the YEO Network’s Minnesota state director, became involved in politics after his brother was turned away from a Florida polling place in the 2000 elections. As an elected official, he has continued to work for voting rights and for equal rights and opportunity in his community. In 2009, Carter founded the Frogtown/Summit-University Community Investment Campus, a partnership between city, county, school, and community leaders to support high quality education outcomes for all children. Another priority of his is transit equity: he’s working to create opportunities for local businesses and affordable housing along a planned light rail line in St. Paul.

PFAW Foundation’s president, Michael Keegan, presented the Presidential Award of Distinction to Wisconsin State Senator Chris Larson, one of the state senators who left the state this winter to try to prevent a union-busting law from being passed. Larson has been a strong voice for working people in Wisconsin and around the country.

South Dakota State Senator Angie Buhl was awarded the YEO Network Leadership Award for her deep commitment to the YEO Network and People For the American Way Foundation. Sen. Buhl, who is the youngest member of South Dakota’s legislature, is a graduate of both of PFAW Foundation’s youth leadership programs, Young People For and the Front Line Leaders Academy.

Florida State Representative Dwight Bullard was awarded the YEO Progressive Leadership Award for his commitment to fighting for justice and opportunity in the Florida legislature. Representative Bullard is a fierce advocate for both education and immigration reform.

Massachusetts State Representative Sean Garballey was awarded the YEO Community Service Award for his commitment to servant leadership. In 2009, Rep. Garballey donated his share of a pay increase to state legislators to charity, because he did not believe it was fair for his pay to increase while the staff that works tirelessly to support him was being forced to take furloughs. He has also been active in supporting recovery efforts in Haiti after last year’s devastating earthquake.

PFAW

Spoiler Alert: Wisconsin GOP Campaign Getting Desperate

The Wisconsin state GOP leadership is getting really, really desperate. Charged with the unenviable task of defending Republican state senators against recall elections, the GOP head honchos seems to be running out of ideas.

You know you’re in trouble when your party and candidates are so lacking in credibility that your entire campaign depends on a helping hand from the other side. A secret recording of the GOP general membership meeting last week revealed that their strategy might hinge on the sleep deprivation and intra-party battles of Wisconsin Democrats.

Realizing that Sen. Dan Kepanke’s hope that the large number of public workers in his district decide to “sleep in” on election day probably won’t help him survive a recall, state GOP executive director Mark Jefferson and vice-chairman Julian Bradley came up with an interesting idea: Considering that campaigning for Kepanke would be pretty difficult, why not just campaign for someone else?

That’s exactly what Jefferson and Bradley proposed: running an additional Democratic candidate to compete against Jennifer Shilling in the primary, with the hopes of diverting enough attention and resources to keep Kepanke competitive in the general election.

We are actively keeping our ears to the ground and if anybody knows anybody for a candidate that would be interested on the Democratic side in running in the primary against Jennifer Shilling.... So if anybody knows any Democrats who would be interested, please let us know.

 

PFAW

Republicans Across the Country Work to Disenfranchise Voters

In the buildup to the 2012 election, Republican legislatures across the nation are implementing a tactic many hoped would die with the signing of the Voting Right Act of 1965 -- silencing the voices of those who disagree with them by simply not allowing them to vote. GOP legislators in at least 20 states are working hard to push through restrictive voter-ID laws that all but disenfranchise large, traditionally Democratic segments of the electorate. These laws would require voters to show a government issued photo ID at the polling place, something 11% of US citizens currently lack.

The facts are firmly against such laws. Voters are more likely to be struck by lightening than to commit fraud, and the Bush Justice Department’s five-year “War on Voter Fraud” resulted in only 86 convictions out of nearly 200 million votes cast (a rate of .0000004%). Furthermore, these laws are expensive to implement, wasting millions of dollars in a time when most states are under severe budgetary restraints. So why would Republicans advocate for such an obviously unnecessary law?

Politics, of course.

While 11% of the general population lack government issued photo ID, the number jumps dramatically when looking at traditionally Democratic segments of the population. A study by the Brennan Center for Justice notes that 15% of low-income citizens, 18% of young eligible voters, and 25% of black voters lack identification that would allow them to vote under these new laws. In addition, such ID is more difficult to obtain for these parties, many of whom can’t drive to the DMV to get an ID or lack the supporting documents, such as a birth certificate, necessary to receive an ID.

In Wisconsin, Gov. Scott Walker just signed a bill that will require voters to show photo identification at the polls. This bill has provoked outrage amongst Wisconsin Democrats, with Stephanie Findley, chair of the Wisconsin Democratic Party Black Caucus, declaring:

Our proud tradition of open elections and high voter turnout will suffer. And with a stroke of the pen, thousands of African-American citizens will no longer be able to vote, solely because of their lack of identification. We now return to the days before the Voting Rights Act, where literacy tests and poll taxes were the rule.

This is backed up by the numbers. Fewer than half of African Americans in Milwaukee County hold ID that would be accepted at the polls, as compared to 83% of whites.

Florida already had a photo identification law in place, but Gov. Rick Scott recently signed a bill that goes even further, making it more difficult for third-party voter registration organizations to operate. Some such organizations, such as the non-partisan League of Women Voters, are pulling out of Florida all together, claiming the law will make it impossible to operate within the state.

In addition to making life difficult for voter-registration organizations, the new law also stops voters from making out-of-county address changes at the polls, making it more difficult for college students to vote, and shortens the early voting window from 14 days to eight. Five counties in Florida governed by the 1965 Voting Rights Act are declining to implement the new law, waiting for Justice Department approval before making any changes.

Early voting in also being targeted by Republican officials in North Carolina, who are studying how it helped Barack Obama win that state in 2008.

PFAW

New Corporate-Funded ‘Super PAC’ Created By The Man Who Helped Make Citizens United Possible

GOP activist James Bopp Jr. has played a critical role in eviscerating campaign finance regulations throughout his career as a Republican attorney. He successfully argued in FEC v. Wisconsin Right to Life that Congress couldn’t prevent corporations from using money from their general treasuries on so-called “issue ads,” and he initially represented the right-wing group Citizens United in the landmark case that ushered in massive corporate involvement in politics (although he did not argue the case in Supreme Court).

After fighting for the power of corporations to increase their already-substantial role in public affairs, now Bopp is launching a pro-GOP political group that seeks to cash-in on the glut of corporate money. Stephanie Mencimer of Mother Jones reports that Bopp is one of the founders of the newly formed Republican Super PAC and is set to expand corporate involvement in politics to an even greater degree by having candidates participate in the fundraising for undisclosed corporate dollars:

"The different thing here with our PAC is that we are going to harness the political fundraising of candidates and parties," he says. He explains that the committee will allow candidates and parties to fundraise for their campaigns and party organs at the same time they solicit unlimited, anonymous contributions to the super PAC.

Here's how it works: Say House Speaker John Boehner (R-Ohio) approaches the CEO of Exxon for a contribution to his reelection campaign. Under federal law, the CEO can only give Boehner $2,500. In the past, that’s the end of the conversation. But Bopp's plan envisions Boehner and his campaign asking that same donor—and his company—to pony up more money, as much as he wants, for the Republican Super PAC. The donor can even specify that the money be spent supporting Boehner or attacking his opponent. Then Bopp's PAC can buy ads, send out mailings, canvass neighborhoods, and do all the other things a political campaign typically does on Boehner’s behalf.



The Republican Super PAC is the logical outgrowth of Citizens United and a series of other recent court decisions that have overturned long-standing restrictions on corporate campaign spending. Bopp says these rulings allow his new group to go into uncharted campaign finance terrain. "This is perfectly legal," Bopp insists.
PFAW

Wisconsin GOP Moves to Disenfranchise Students and Seniors Just in Time for Recall Elections

In July, Wisconsin voters will start heading to the polls for a series of elections to recall several of the GOP state senators who voted to bust the state’s public employee unions. But the Wisconsin GOP, true to form, has a sneaky plan: they’re trying to change the voting rules to prevent many college students, senior citizens and others without official state IDs from casting votes in the recall election.

Wisconsin’s Voter ID bill, which if passed will kick in just before the recall elections, is one of 22 similar state-level bills currently in the works. Think Progress summarizes Wisconsin’s bill:

Wisconsin’s bill requires voters to use a driver’s license, state ID, military ID, passport, naturalization papers or tribal ID at the polls. Though student IDs are technically permitted, none of the colleges or universities in the state currently use IDs that meet the requirements listed in the bill. And as state Sen. Bob Jauch (D) notes, 175,000 seniors (70 percent of whom are women) do not have driver’s licenses and may have to “get a ride at least 50 miles round trip to obtain an identification card to enable them to continue their constitutional right to vote.” What’s more, the bill will cost the state more than $5.7 million to implement — at a time when Gov. Scott Walker (R) is claiming the state is broke and needs to restrict public employees’ collective bargaining rights to survive.

I can’t imagine that attempting to disenfranchise thousands of voters will do much to endear these lawmakers to Wisconsin’s citizens…but that won’t really matter if they can prevent enough people from casting votes.

 

h/t FireDogLake

PFAW

Public Workers, Relax: You Might Get a Plaque or Something

Last week, Wisconsin Gov. Scott Walker suddenly turned an about-face on the issue of public workers. Although he previously believed that the only way to combat the job-killing scourge that is Wisconsin’s public sector was to end their right to collectively bargain for fair wages and benefits, he now believes that Wisconsin’s civil servants make such valuable contributions to the state that they deserve a pat on the back.

As noted in Wonkette, Walker is now accepting nominations within each agency for acknowledgment on an “Employee Recognition Day.”

 

 Don’t worry, Governor. All is forgiven.

PFAW

GOP Attempt To “Defund The Left” Paying Dividends

The Republican drive to eliminate workers’ rights and bust unions has always been a partisan campaign to “defund the left” cloaked in language of ‘fiscal responsibility.’ Wisconsin State Senate Leader Scott Fitzgerald, one of the champions of his state’s anti-union law, even admitted that the plan to dismantle unions for public employees was to undercut progressive political activities and weaken Obama’s state reelection campaign, saying: “If we win this battle, and the money is not there under the auspices of the unions, certainly what you’re going to find is President Obama is going to have a much more difficult time getting elected and winning the state of Wisconsin.”

Now, the International Association of Fire Fighters has decided that it can’t afford to contribute to pro-union candidates on a federal scale because it needs to use its resources to fight back against the mushrooming threats to worker’s rights in GOP-controlled states like Wisconsin, Ohio, Indiana, and Alabama. Politico reports:

As newly elected Republican state legislatures aggressively push a slew of anti-union measures, the International Association of Fire Fighters is freezing its federal political spending and shifting all resources toward its beleaguered state and local colleagues.

“With the survival of our union and the ability to preserve and protect the rights, wages, and benefits our members deserve in jeopardy in the states, we have re-evaluated how to get the best results from our political dollars,” IAFF President Harold A. Schaitberger said Tuesday in an email blast to members that was obtained by POLITICO.



The move by the union is just the latest – and most dramatic – adjustment labor leaders are scrambling to make after Republicans across the nation in January tried to quickly push through new laws that would weaken the movement and its political influence.

In Wisconsin and Ohio, new laws would undermine the collective bargaining rights of most or all public employees. In Missouri, bills have been introduced to loosen wage and child labor laws. In Indiana, lawmakers sought to essentially ban public employee unions by becoming a right-to-work state. In Alabama, lawmakers have eliminated automatic union dues deductions from workers’ paychecks.
PFAW

Citizens United Freed Corporations to Politically Pressure Employees

The Supreme Court’s decision in Citizens United v. FEC, which allowed corporations to spend unlimited amounts of money on politicking, has caused ripples of sometimes unexpected consequences – from the toppling of long-established state laws to the rise of secretive corporate spending groups that operate outside the reach of disclosure laws. Now The Nation has uncovered another destructive consequence of the decision:

On the eve of the November midterm elections, Koch Industries sent an urgent letter to most of its 50,000 employees advising them on whom to vote for and warning them about the dire consequences to their families, their jobs and their country should they choose to vote otherwise.

The Nation obtained the Koch Industries election packet for Washington State [1]—which included a cover letter from its president and COO, David Robertson; a list of Koch-endorsed state and federal candidates; and an issue of the company newsletter, Discovery, full of alarmist right-wing propaganda.

Legal experts interviewed for this story called the blatant corporate politicking highly unusual, although no longer skirting the edge of legality, thanks to last year’s Citizens United Supreme Court decision, which granted free speech rights to corporations.

“Before Citizens United, federal election law allowed a company like Koch Industries to talk to officers and shareholders about whom to vote for, but not to talk with employees about whom to vote for,” explains Paul M. Secunda, associate professor of law at Marquette University. But according to Secunda, who recently wrote in The Yale Law Journal Online about the effects of Citizens United on political coercion in the workplace, the decision knocked down those regulations. “Now, companies like Koch Industries are free to send out newsletters persuading their employees how to vote. They can even intimidate their employees into voting for their candidates.” Secunda adds, “It’s a very troubling situation.”

The Kochs were major supporters of the Citizens United case; they were also chief sponsors of the Tea Party and major backers of the anti-“Obamacare” campaign. Through their network of libertarian think tanks and policy institutes, they have been major drivers of unionbusting campaigns in Wisconsin, Michigan and elsewhere.

“This sort of election propaganda seems like a new development,” says UCLA law professor Katherine Stone, who specializes in labor law and who reviewed the Koch Industries election packet for The Nation. “Until Citizens United, this sort of political propaganda was probably not permitted. But after the Citizens United decision, I can imagine it’ll be a lot more common, with restrictions on corporations now lifted.”

PFAW

From Wisconsin: Palin Echoes the Right's Lies in Madison Speech

On Saturday in Madison, some of the right wing’s favorite puppets rallied along with an estimated 1,000 Americans for Prosperity “Patriots” and 5,500 counter protesters at the Capitol.

As the former Governor of Alaska took the stage to chants and drums and counter protesters respectfully turning their backs, sleet turned to snow, the wind from Lake Mendota whipped through the crowd and the protesters’ chants and drums grew so loud that it was impossible to hear the loudspeakers.

Palin called for the crowd to support Governor Walker’s strong armed maneuvering, saying “...you saw these violent rent-a-mobs trash your capitol and vandalize businesses. You held your ground. Your governor did the same thing. And you won.” It isn’t clear what violent mobs or vandalized businesses she was referring to. Fox News and fringe right-wing websites have tried to make similar claims about the protesters in Wisconsin, even resorting to using misleading video footage from unrelated protests in other states. But as anyone without a dishonest, far-right agenda who has been following the events of the last 62+ days can tell you, the protests -- and the protesters -- have been peaceful.

While Palin spent the majority of her speech blasting President Obama for energy saving and job creating programs such as consumer solar panels and high speed rail, Andrew Breitbart cut right to the point at hand, leading a chant of “go to hell” aimed at the thousands of counter protesters.

Despite the miserable weather, PFAW members and a whole host of progressive and labor allies were out in force in support of collective bargaining rights for Wisconsin’s public workers, not only at the Tea Party’s rally but on the other side of the Capitol, where thousands gathered for songs, slam poetry and speeches by those leading the fight.

After 62+ days of protests in Madison transitioning into weeks of recall efforts across the state, it’s clear this is truly what democracy looks like.

Wisconsin PFAW Supporters were out to greet Ms. Palin on Saturday:

PFAW

Walker Admits He Never Campaigned On Union-Busting

If Gov. Scott Walker wonders why there is such a negative reaction to his union-busting efforts in Wisconsin, he needn’t look very far: a poll by the non-partisan Wisconsin Policy Research Institute found that nearly six in ten Wisconsinites disapprove of his plan to dismantle the collective bargaining rights of public employees. If so many people in Wisconsin oppose a central tenet of Scott Walker’s social and economic policy and still elected him, the Governor surely made a very persuasive case on the campaign trail. Or did he?

Today, before the House Government Oversight and Reform Committee hearing, Gov. Walker admitted, for the first time, that he never campaigned on ending collective bargaining rights for public workers. Walker tried to claim that union-busting was part of the “range” of solutions he campaigned on (a Politifact-certified lie), until Rep. Gerry Connely (D-VA) pressed the issue and asked him if he ever “explicitly” campaigned on this particular proposal--to which Walker answered, “No.” Gary Sargent at the Washington Post has the video.

Note to future pols: if you plan to do something really extreme once in office, you may want to mention it once or twice beforehand.

For more info on the corporate interests driving the actions of the Committee and Governor Walker, check out our fact sheet, Anatomy of a Koch-a-Thon: Sham Budget Hearings Brought to You by the Koch Brothers

PFAW

The Story From Wisconsin: Big Defeat For Walker

A lot of people are feeling pretty good in Wisconsin right now, but Governor Scott Walker probably isn’t one of them.

Last night, his hand-picked successor to become Milwaukee County Executive (the office Walker left when he became governor) was crushed by a 22 point margin. And this morning Joanne Kloppenburg declared victory over State Supreme Court Justice David Prosser, a conservative activist who tied himself to Walker’s agenda.

While Wisconsin judicial elections are officially nonpartisan, Prosser is well known as a Republican who was quickly associated with Scott Walker. People in the state then began to realize that electing Joanne Kloppenburg to the bench to replace Justice Prosser would shift the 4-3 conservative majority to a 4-3 liberal leaning court, thereby affecting how the highest court in the state might rule when Walker’s law inevitably arrives at their doorstep for review.

In no time flat, the election took on huge significance as the contest turned into a referendum wherein voters could express their favor or displeasure with Walker’s anti-collective bargaining legislation while affecting the ideological bend of the court that will likely be the final word on the legality of Walker’s law.

With 100 percent of precincts reporting, Kloppenburg scored a 204 vote victory. Close? You bet, but that’s cold comfort for Scott Walker and the Wisconsin GOP who might be feeling a twinge of regret for pushing their extreme anti-worker agenda.

One would think that other Republicans would learn some lessons from this defeat and tap down their extremism a bit. In Washington, at least, that doesn’t seem to be happening.

PFAW

Pro-Corporate Groups Spend Millions To Save Walker’s Preferred Justice In Wisconsin

Wisconsin Supreme Court Justice David Prosser was supposed to win reelection in a walk, after winning a February primary with 55% of the vote. Prosser, a former Republican state assemblyman, faced JoAnne Kloppenburg, who previously served as the state’s assistant attorney general and came in second in the primary. But Governor Scott Walker’s brazen push to bust unions and implement an ultraconservative political agenda spurred the progressive community into action, and Walker’s popularity plummeted.

Many of the Wisconsinites who are outraged over the right-wing policies pursued by Walker and the Republican-controlled legislature, rallied to Kloppenburg’s side. Walker allies feared the potential defeat of Prosser, who called himself “a common sense complement to both the new [Walker] administration and Legislature.”

While there are just a few hundred votes separating the two candidates, guaranteeing a recount, last-minute spending by right-wing organizations helped salvage Prosser’s flagging campaign.

According to the Brennan Center for Justice of New York University, which monitors spending in judicial elections, pro-corporate groups have greatly outspent progressive organizations. The Brennan Center found that spending in the race passed the $3.5 million mark, with most of the spending benefiting Prosser.

While the Greater Wisconsin Committee ran ads against Prosser’s reelection, pro-corporate organizations such as the Wisconsin Manufacturers and Commerce (an amalgamate of the Wisconsin State Chamber of Commerce and the Wisconsin Manufacturers Association), the Club for Growth, Citizens for a Strong America, and the Tea Party Express have flooded the state with ads supporting Prosser and berating Kloppenburg.

As of Monday, the four groups which backed Prosser spent a combined $2,177,220, but the Greater Wisconsin Committee spent $1,363,040. The final spending figures have not yet been tallied.

Citizens for a Strong America, a front group for the Koch Brothers-financed Americans for Prosperity, ran an ad so erroneous that the nonpartisan group PolitiFact gave it a “pants on fire” rating. Even the far-right Family Research Council added to the smear campaign, attacking Kloppenburg, who worked as assistant attorney general since 1989, as inexperienced in advertisements on thirty-four Wisconsin radio stations.

With a recount pending, Kloppenburg’s come-from-behind campaign shows the ability of progressives in states like Wisconsin to overcome the corporate juggernaut that is able to spend almost limitless amounts of money to support its favored candidates.

PFAW

Hundreds Protest Union-Busting Outside Koch Industries in Washington

Today, PFAW joined the We Are One Campaign and hundreds of workers outside of Koch Industries in Washington, DC to protest the political activities of the Koch brothers, the notorious multibillionaires who are working to destroy unions across the country. American workers are tired of being scapegoats and are taking to the streets all across the country to say so. It was great to see so many people turn out today to put the Koch brothers on notice. The Kochs have spent millions on advancing their anti-environment and anti-worker agenda. They founded Americans for Prosperity, and contributed $43,000 to help elect Wisconsin Governor Scott Walker, who recently signed a bill to end collective bargaining for state workers.

PFAW

Wisconsin Republicans Seek to Block Americans From Seeing Their Embarrassing Video

Wisconsin Republicans have been using the threat of legal action this week to suppress dissemination of a video that they are, quite justifiably, embarrassed about. As reported by Talking Points Memo:

First the Republican Party in Polk County, Wisconsin, pulled the tape of Rep. Sean Duffy (R-WI) fretting about making ends meet on his $174,000 a year salary from its own website. Now they want it gone from the whole Internet.

For a couple hours, the local county GOP was successful. But we've put an excerpt of the video back up.

A day after TPM posted the video we obtained of Duffy talking about his salary at a Polk County town hall meeting earlier this year, the Polk County GOP contacted the video provider we used to host the video, Blip.tv, and demanded the video be taken down. ...

The county GOP took down the video from its blog after the Washington Post posted a short clip of it yesterday morning.

An official with the Polk County GOP, which posted many other clips of the town hall on its YouTube channel, told TPM yesterday that the video was taken down because it was "was being republished without our consent."

Duffy and his supporters are right to be embarrassed. However, they are not right to use copyright law to keep Americans from seeing and hearing Duffy's words for themselves. Copyright exists to encourage and protect intellectual property. It does not exist to allow an elected official to avoid accountability for his own embarrassing political speech. Nor is it intended to be used as a tool to harass those who criticize you, particularly when dissemination of portions of the video for news and commentary most likely falls within the fair use doctrine - an exception to the exclusive right of copyright holders.

How many bloggers out there without a team of lawyers to represent them are now worried about legitimately posting this video or others like it in the future? How much political speech is being intimidated this way?

Use of the law to squash criticism - particularly when there is a legitimate fair use claim - is not new. For instance, the National Organization for Marriage had Rachel Maddow take down her clip of a NOM audition tape that made viewers heap scorn upon the organization and its latest advertisement.

Molly Ivins once noted how then-Governor George W. Bush used the threat of a lawsuit to shut down an embarrassing parody website:

The parody, run by a 29-year-old computer programmer in Boston named Zack Exley, annoyed Bush so much that he called Exley "a garbageman" and said, "There ought to be limits to freedom." (That's not a parody -- he actually said that.)

Bush's lawyers warned Exley that he faced a lawsuit. Then they filed a complaint with the Federal Elections Commission demanding that Exley be forced to register his parody site with the FEC and have it regulated as a political committee.

In just the past few days, we have seen right wing groups use the law on public records as a weapon to intimidate academics who criticize them. But in a country whose freedom depends on robust and open political debate, the law should be used to protect political discourse, not to prevent it.

PFAW

A Defense of Academic Freedom in Wisconsin

The University of Wisconsin has responded to the state GOP's request for the e-mails of Professor William Cronon relating to the clash over collective bargaining in that state. This was the opening salvo in a series of such requests to bully and intimidate university professors.

Talking Points Memo reports that the University has complied with the request, paying due respect to protecting academic freedom, among other values:

We are excluding records involving students because they are protected under [federal law]. We are excluding exchanges that fall outside the realm of the faculty member's job responsibilities and that could be considered personal pursuant to Wisconsin Supreme Court case law. We are also excluding what we consider to be the private email exchanges among scholars that fall within the orbit of academic freedom and all that is entailed by it. Academic freedom is the freedom to pursue knowledge and develop lines of argument without fear of reprisal for controversial findings and without the premature disclosure of those ideas.

Chancellor Biddy Martin also posted a message to the campus community to help ensure that academic freedom would not be chilled by the Republicans' assault:

Scholars and scientists pursue knowledge by way of open intellectual exchange. Without a zone of privacy within which to conduct and protect their work, scholars would not be able to produce new knowledge or make life-enhancing discoveries. Lively, even heated and acrimonious debates over policy, campus and otherwise, as well as more narrowly defined disciplinary matters are essential elements of an intellectual environment and such debates are the very definition of the Wisconsin Idea.

When faculty members use email or any other medium to develop and share their thoughts with one another, they must be able to assume a right to the privacy of those exchanges, barring violations of state law or university policy. Having every exchange of ideas subject to public exposure puts academic freedom in peril and threatens the processes by which knowledge is created. The consequence for our state will be the loss of the most talented and creative faculty who will choose to leave for universities where collegial exchange and the development of ideas can be undertaken without fear of premature exposure or reprisal for unpopular positions.

To the extent that the GOP hoped to find evidence that Professor Cronon was using state computers to engage in partisan political activities, they're out of luck:

We have dutifully reviewed Professor Cronon's records for any legal or policy violations, such as improper uses of state or university resources for partisan political activity. There are none.

But this should not be the end of the story. As we have noted previously, this incident should not be viewed in isolation. If the party officials involved with this are not held accountable for their overreach, this incident will do long-term damage. Continuing party support for those who undermine the foundations of our free society significantly lowers the bar for what departures from the principles of democracy are now acceptable.

PFAW