George Will, hard-hitting but on target, on what happened to people who took the wrong side of the Wisconsin public-employee wars:
The early-morning paramilitary-style raids on citizens’ homes were conducted by law enforcement officers, sometimes wearing bulletproof vests and lugging battering rams, pounding on doors and issuing threats. Spouses were separated as the police seized computers, including those of children still in pajamas. Clothes drawers, including the children’s, were ransacked, cellphones were confiscated and the citizens were told that it would be a crime to tell anyone of the raids.
Earlier on the Wisconsin John Doe raids, including this Cato piece. More Will:
Chisholm’s aim — to have a chilling effect on conservative speech — has been achieved by bombarding Walker supporters with raids and subpoenas: Instead of raising money to disseminate their political speech, conservative individuals and groups, harassed and intimidated, have gone into a defensive crouch, raising little money and spending much money on defensive litigation. Liberal groups have not been targeted for their activities that are indistinguishable from those of their conservative counterparts.
Such misbehavior takes a toll on something that already is in short supply: belief in government’s legitimacy. The federal government’s most intrusive and potentially punitive institution, the IRS, unquestionably worked for Barack Obama’s reelection by suppressing activities by conservative groups. … Would the race between Walker and Democrat Mary Burke be as close as it is if a process susceptible to abuse had not been so flagrantly abused to silence groups on one side of Wisconsin’s debate? Surely not.
Both houses of the Pennsylvania legislature have passed and sent to Gov. Tom Corbett a bill “allowing judges to issue injunctions, or grant any other ‘appropriate relief’ if there is ‘conduct’ by a criminal ‘offender’ that ‘perpetuates the continuing effect of the crime on the victim.” Such an effect is specified to include, though it is not limited to, a “temporary or permanent state of mental anguish.” The “revictimization remedy” bill, S. 508, is apparently aimed at providing a way to go after a much-cooed-over convicted cop-killer for delivering recorded speeches at college campuses, to the distress of the family of the policeman he shot; Paul Alan Levy describes the bill’s use of the word “conduct” as a “fig leaf” for its intent to restrict speech. What Levy calls the “exceptional breadth” of the bill’s language could imperil or chill a wide range of other activity that might tread on victims’ feelings, such as campaigns to rally public opinion against a conviction or in favor of clemency. The bill, Levy says, “threatens to make Pennsylvania a national laughing stock.” [Consumer Law & Policy; Fox News; NBC Philadelphia; more, Joel Mathis, Philadelphia mag] More on the ever-popular “victims’ rights” cause from Steve Chapman and Roger Pilon.
“…will inevitably be used to protect police and others in power, not…the weak.” [Ken White/Popehat on case of Thomas G. Smith, whose conviction, later overturned, for "disorderly conduct" and "unlawful use of a computerized communication system" was based on an obscenity-filled rant against cops on the Facebook page of the Village of Arena, Wisc. police department]
Ken at Popehat has the story on a court’s ruling for fees and costs in Ergun Caner v. Jonathan Autry, filed by a religious leader who had come under criticism for less-than-forthright descriptions of his own past. “The court ruled that Caner (1) pursued the case after Autry took the videos down, (2) demanded, as a condition of settlement, that Autry’s young children sign a non-disparagement agreement, (3) delayed the case, (4) failed to seek discovery, opposed the motion to dismiss on the grounds that he needed to take discovery, but could not articulate what discovery he needed, (5) contradicted himself, (6) made unreasonable legal arguments without any support (like the ‘you must be qualified to criticize’ argument), and most importantly (7) filed the case to silence criticism.” Under the prevailing “American Rule” on fees it’s extremely hard for the victim of a meritless suit to recover attorney’s costs, but this one was extreme enough to be an exception.
Too close to the regulation of speech content, too chancy in its impact on the rule of law [Jonathan Turley, Washington Post]:
Many of us recoil at the reference to skin color as a team identity. The problem is that the Redskins case is just the latest example of a federal agency going beyond its brief to inappropriately insert itself in social or political debates. …
The Supreme Court affirmed in 1983 that the IRS could yank tax exemption whenever it decided that an organization is behaving “contrary to established public policy” — whatever that public policy may be. … There is an obvious problem when the sanctioning of free exercise of religion or speech becomes a matter of discretionary agency action. And it goes beyond trademarks and taxes.
Earlier here and here.
Less than a mile before a police DUI checkpoint in Parma, Ohio, resident Doug Odolecki held a sign reading “Check point ahead turn now.” Police gave him a ticket and confiscated the sign: “Odolecki was issued a ticket and forced to hand over his sign. “Parma Police tell us they can’t get into the details of the pending case but a Sergeant told me that Odolecki was obstructing officers ability to do their job. They also said that the issue was with the part of the sign that said ‘turn now.'” [WOIO via AOL]
The Supreme Court unanimously ruled this morning in Susan B. Anthony List v. Driehaus that a lower court challenge can proceed against Ohio’s law purporting to ban untruthful campaign speech. [decision, SCOTUSBlog, earlier Overlawyered coverage] The ruling was widely expected: “not a single amicus brief was filed on behalf of the state of Ohio, and even liberal groups conceded that allowing the state to arbitrate truth or falsity in political campaigns was troubling. During oral argument, the Justices seemed profoundly skeptical of the law’s underlying constitutionality.” [MSNBC]
The Court did not decide the First Amendment merits. Its ruling instead turns on the cluster of issues relating to standing: was there injury in fact from the law sufficient to support a challenge even though the original complaint had been dropped? While the two wings of the Court often divide on standing, they united in taking an expansive view this time. Here and there Justice Thomas’s opinion for the 9-0 Court does brush up against the underlying First Amendment problem of the chilling of speech, which will now move front and center as the lower court again takes up the case. A passage of particular interest from pp. 15-16 (footnotes omitted):
As the Ohio Attorney General himself notes, the “practical effect” of the Ohio false statement scheme is “to permit a private complainant . . . to gain a campaign advantage without ever having to prove the falsity of a statement.” “[C]omplainants may time their submissions to achieve maximum disruption of their political opponents while calculating that an ultimate decision on the merits will be deferred until after the relevant election.” Moreover, the target of a false statement complaint may be forced to divert significant time and resources to hire legal counsel and respond to discovery requests in the crucial days leading up to an election.
Here’s the entertaining and hilarious amicus brief (what a concept) filed by my Cato colleagues Trevor Burrus, Ilya Shapiro, and Gabriel Latner on behalf of humorist and Cato fellow P.J. O’Rourke (who explains his involvement; more from Ilya and Trevor). And Ilya has a reaction to the opinion at Cato at Liberty (“Chilling speech is no laughing matter… today was a banner morning for free speech and judicial engagement.”)
The syndicated columnist praises Judge Rudolph Randa’s
remarkably emphatic ruling against an especially egregious example of Democrats using government power to suppress conservatives’ political speech.
Wisconsin’s sordid episode began, appropriately, with a sound of tyranny — fists pounding on the doors of private citizens in pre-dawn raids. While sheriff’s deputies used floodlights to illuminate the citizens’ homes, armed raiders seized documents, computers, cellphones and other devices.
Earlier here, here, etc.
And two Republican Wisconsin lawmakers are calling for a thorough review into the activities of the state Government Accountability Board, which “oversees Wisconsin campaign and election laws,” and whose contracted investigator, Dean Nickel, is reported to have played a role in setting in motion the process which resulted in the investigation of dozens of conservative organizations. [M.D. Kittle, Wisconsin Reporter/Watchdog.org] More: Milwaukee Federalist Society chapter roundup of coverage.
A federal judge has quashed the stunningly abusive “John Doe” proceedings that had resulted in midnight raids on the homes of leading conservative activists across the state. I’ve got more in a new Cato post; fuller coverage at the Milwaukee Journal Sentinel, Watchdog.org (and series), and the decision itself is here. Earlier coverage here, here, and here. I conclude:
The citizens of Wisconsin must now demand a full accounting of how these raids could have happened. They should also insist on changes in state law, in particular the “John Doe” law, aimed at ensuring that nothing like them ever happens again.
Update: Seventh Circuit panel stays ruling pending appeal.
It’s one of those procedural yawns that makes a huge difference in practice, notes Ken at Popehat, focusing on Michael Mann’s defamation suit against Mark Steyn, National Review and others. Earlier here, here, here, etc.