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  • Memo to Wisconsin Democrats: Stop lying

    May 7, 2015
    Wisconsin business, Wisconsin politics

    UW–Madison Prof. Noah Williams:

    Press reports recently have provided a misleading picture of the Wisconsin economy: These stories base their analysis on the state rankings of job and wage growth from the U.S. Bureau of Labor Statistics, in which Wisconsin has slipped into 40th place or lower.

    But a look at broader data shows that the economy in Wisconsin is much healthier than these indicators suggest, and has outperformed the overall national economy.

    Job growth rankings, in particular, do not provide an accurate depiction of the labor market. States hardest hit by recession would need to have higher job growth simply to return to the same place. For comparison, the rankings place Wisconsin between 31st and 41st over the past three years, while Michigan has regularly been in the top 10. But total employment in Michigan fell roughly 11% from 2007 to 2010. Although it has grown relatively rapidly since 2011, it remains at 4% below its 2007 level.

    By contrast, Wisconsin tracks the national average rather closely. The recession was somewhat milder in Wisconsin than in the nation as a whole, so job growth after the recession was somewhat slower. But over the past three years, total employment growth in Wisconsin has been at least as strong as the national average.

    On other dimensions, Wisconsin has outperformed the national average.

    Unemployment in the state did not spike as dramatically, peaking at 9.2% compared with 10% nationally. But even from the lower peak, statewide unemployment has fallen rapidly, especially over the last two years. Since the beginning of 2014, the unemployment rate has fallen by 1.5 percentage points, and now stands at 4.6%, compared with 5.5% nationwide. A significant component of the reduction in the unemployment rate nationwide has been a decline in the labor force participation rate, which now stands at 62.8%. Some of this is due to demographic factors, driven by the aging of the population, but a large part is cyclical, with unemployed workers stopping looking for work. Labor force participation in Wisconsin historically has been above the national average, but importantly has been roughly stable since the beginning of 2012 at about 68.5%.

    If the labor force participation rate in the U.S. as a whole had remained constant since 2012 (rather than falling by one percentage point), the national unemployment rate would now be 7% rather than 5.5%. Thus, the national unemployment rate hides additional weakness in the labor market not present in Wisconsin.

    Earnings and incomes also are important gauges of whether households are improving economically. Along those lines, the state rankings on wage growth have been featured in recent reports. This data has been more mixed, with Wisconsin ranking in the 20s or better for most of 2011-2013, before slipping to 42nd recently. By comparison, South Dakota typically has been ranked in the top 10 and frequently in the top five. Again, these rankings provide a misleading picture. Data from the BLS shows that, since early 2011, average earnings have grown by more than 10% in Wisconsin and South Dakota, both more than one percentage point faster than the national average. Rather than stagnating, average earnings growth in Wisconsin has matched higher ranked states, and has been faster than the national average.

    In addition, Wisconsin has done even better when looking at broader measures of household income. Available on an annual basis through 2013, real median household income from the Census Bureau goes beyond labor market earnings, and so provides a better indicator of household income and welfare. Median incomes in Wisconsin historically have been above the national average, and both have declined from their pre-recession peaks in 2007. But from 2011 to 2013, real median income rose by 2.7% in Wisconsin to $55,258, while it fell by 1.3% nationwide, to $51,939.

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  • Presty the DJ for May 7

    May 7, 2015
    Music

    The number one single today in 1966:

    Today is the anniversary of the last Beatles U.S. single release, “Long and Winding Road” (the theme music of the Schenk Middle School eighth-grade Dessert Dance about this time in 1979):

    The number one album today in 1977 was the Eagles’ “Hotel California”:

    (more…)

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  • The real foreign threat

    May 6, 2015
    Culture, International relations

    On Sunday a group of Americans opposed to radical Islam held an art contest for depictions of the Muslim prophet Muhammad in Garland, Texas.

    Two Muslims took exception to the contest — apparently Islam prohibits depictions of Muhammad — and decided to kill everyone who went to the exhibition. They got as far as two Garland police officers outside the facility.

    The New York Daily News reports:

    ISIS appeared to declare war on right-wing blogger Pamela Geller Tuesday in an ominous online message claiming it has fighters across America ready to attack “any target we desire.”

    The threat, posted on JustPasteIt, singles out Geller, who helped plan a Prophet Muhammad cartoon contest that was attacked by two gunmen in Garland, Tex. over the weekend. ISIS claimed responsibility for the shooting early Tuesday, marking the first time the terror group called an American attack one of its own.

    The chilling Tuesday post also boasts of ISIS having “71 trained soldiers in 15 different states ready at our word to attack,” specifically naming only Virginia, Maryland, Illinois, Michigan and California.

    “The attack by the Islamic State in America is only the beginning of our efforts to establish a wiliyah in the heart of our enemy,” the message reads, apparently misspelling the Arabic word “wilayah,” meaning authority or governance. …

    The authenticity of the post, as well as the group’s claim to the Texas shooting, have not been independently confirmed, and it is possible the threat is a hoax or a message from an ISIS sympathizer. ISIS has frequently used the anonymous message board JustPasteIt to publish propaganda, including the names and addresses of 100 U.S. service members in a call for an American jihad.

    RELATED: WHO IS PAMELA GELLER, THE MUHAMMAD DRAWING CONTEST HOST?

    The armed attackers who stormed the Sunday cartoon contest, Elton Simpson and Nadir Soofi, were both shot dead by an off-duty officer outside. They were the only fatalities in an attack that also gave another guard a minor injury.

     

    The front page of the New York Daily News on Aug. 31, 2014.NEW YORK DAILY NEWS

    The front page of the New York Daily News on Aug. 31, 2014.

    The JustPasteIt post claims both men knew they would be killed, and were only testing the waters for future terror.

    “We knew that the target was protected. Our intention was to show how easy we give our lives for the Sake of Allah,” the post says.

     

    Geller‘s reaction:

    This threat illustrates the savagery and barbarism of the Islamic State. They want me dead for violating Sharia blasphemy laws. What remains to be seen is whether the free world will finally wake up and stand for the freedom of speech, or instead kowtow to this evil and continue to denounce me. What’s really frightening and astonishing about this threat is that the media in denouncing me is essentially allying with and even cheering on the Islamic State. I expected this from jihadists. I never expected it from my fellow Americans in the mainstream media.

     

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  • “The thugs’ veto”

    May 6, 2015
    Culture, International relations

    Investors’ Business Daily:

    Activist Pamela Geller is no stranger to saying things that horrify the politically correct. She protested the World Trade Center mosque and bought bus-sign ads describing what’s really written in the Quran. Last weekend, she and writer Robert Spencer’s American Freedom Defense Initiative organized a contest for the best Muhammad cartoon drawing with a $10,000 prize in Texas in response to the Islamofascist newsroom massacre of cartoonists in Paris at the French paper Charlie Hebdo earlier this year.

    And to no one’s surprise in a nation whose leaders consider rising Islamofascist terror groups “junior varsity” and where extremist depravities are viewed as “workplace violence” or dismissed as reactions to bad filmmaking rather than organized terror, a couple of Islamofacists from North Phoenix, Ariz., shot up the Garland, Texas, cartoon conference, wounding a security guard before an off-duty traffic cop took the pair down and saved the country from another massacre.

    Since then, it’s been Charlie Hebdo all over again, given the media’s failure to understand that this is about the threat that radical Islam poses to free speech.

    Incredibly, the left wasted no time blasting Geller and Spender, blaming them for the murderous behavior of the gunmen.

    CNN’s Alisyn Camerota attacked Geller as anti-Islamic, cherry-picking various news clips to make her case, despite Geller asserting that she wasn’t.

    “Civilized men can disagree,” Geller told CNN. “Savages will kill you when they disagree.”

    Why she should be on the hot seat instead of the would-be attackers and their enablers is beyond us.

    But the finger-pointing at Geller kept coming.

    “Free speech aside, why would anyone do something as provocative as hosting a ‘Muhammad drawing contest’?” tweeted New York Times’ Rukmini Callimachi.

    Free speech aside? From the newspaper of record?

    Callimachi didn’t seem to understand that the entire event — as Geller’s participants repeatedly said in the pre-shooting film clips of the event posted on her blog — was explicitly about free speech, which is now under attack by Islamofascists and which can be demonstrated only by extreme means, such as cartoons.

    And that’s the heart of the matter. Agree with Geller or not, there can be no compromise on free speech. The attack on her event underscored the fragility of America’s free speech, the basis for all of America’s freedoms.

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  • Presty the DJ for May 6

    May 6, 2015
    Music

    The number one British album today in 1972 was a Tyrannosaurus Rex double album, the complete title of which is “My People Were Fair and Had Sky in Their Hair … But Now They’re Content to Wear Stars on Their Brows”/”Prophets, Seers & Sages: The Angels of the Ages.” Really.

    (more…)

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  • Radical Islam’s war

    May 5, 2015
    Culture, International relations, media

    James Taranto:

    “Free speech aside, why would anyone do something as provocative as hosting a ‘Muhammad drawing contest’?” asked Rukmini Callimachi, a New York Times reporter who specializes in Islamic extremism, on Twitter last night. That prompted a fair amount of criticism and mockery, but we’d like to attempt a serious answer to the question.

    Callimachi was responding to last night’s events in Garland, a Dallas suburb, summed up by The Wall Street Journal:

    Two men were killed Sunday in a Dallas suburb after they opened fire outside a building where an exhibit that featured cartoon drawings of Islam’s Prophet Muhammad was being held, city officials said.

    The men drove up to the Curtis Culwell Center in Garland, Texas, where the American Freedom Defense Initiative was hosting an event with an award of $10,000 for the top Muhammad cartoon, and began shooting at an unarmed security officer, according to a Garland city spokeswoman.

    Garland police who were helping with event security returned fire, shooting and killing the two gunmen, who weren’t immediately identified.

    The victim, Bruce Joiner, is out of the hospital after treatment for an ankle wound. The New York Times reports that police identified one of the dead suspects as Elton Simpson of Phoenix, where the FBI searched “an apartment believed to be connected to him.” In 2010 federal prosecutors charged a man by that name with “plotting to travel to Somalia ‘for the purpose of engaging in violent jihad,’ and then lying to a federal agent.” A judge convicted him of the latter charge “but said the government had not proved that his plan involved terrorism.”

    The Times adds that “officials did not give a motive for the attack,” which is no doubt wise of them: The job of police investigators is to gather facts first and explain theories later. In this case, however, one hypothesis seems far likelier than any others. As the Times notes, “drawings of Muhammad, considered offensive by many Muslims, have drawn violent responses in the past.” The most shocking was January’s Charlie Hebdo massacre, but also in February, as CNN reported, a gunman who “swore fidelity to ISIS leader Abu Bakr al-Baghdadi” opened fire on a free-speech forum in Copenhagen, and then outside a synagogue, claiming two lives before Danish police killed him.

    Even without official word on Simpson and his yet-unnamed accomplice’s motive, one can say that the attack was functionally an act of jihad. Anjem Choudary — the London-based extremist imam who defended the Charlie Hebdo assassinations in a next-day USA Today op-ed — tweeted this morning: “#garlandshooting we must learn the lessons from [Salman] Rushdie, [Ayaan] Hirsi Ali, Theo Van Gogh & Chalie [sic] Hebdo not to insult the Messenger Muhammad (saw)!” He elaborated in another tweet: “#garlandshooting there are two camps in the world: those that believe sovereignty belongs to mankind & those who believe it belongs to Allah.” (“Saw” is an abbreviation for the Arabic phrase meaning “peace be upon him.”)

    So what about Rukmini Callimachi’s question? Let’s first dispense with the “Free speech aside …” preface, which some on Twitter found especially neuralgic: “The #NYT should change its slogan to ‘Free Speech Aside,’” snarked Gavin McInnes. It was certainly an unfortunate choice of words, but sometimes Twitter encourages brevity at the expense of clarity. We’d suggest a charitable interpretation. Perhaps Callimachi didn’t mean to disparage free speech but to concede it. That is, perhaps by “Free speech aside …,” she meant something like “Stipulating that the event was an exercise in constitutionally protected free speech …”

    Proceeding on that assumption, the answer seems obvious. The purpose of the event was to make a point, in part a point about free speech. The event’s message was something like this: This is America, where the right of free speech is nearly absolute and includes the right to say things others find offensive or otherwise provocative.

    Of course the event provoked not just indignation or anger but violence, a consequence whose possibility the authorities evidently anticipated — hence the strong police presence — and that was reasonable to anticipate given the European events described above. If we assume the organizers were cognizant of the possibility as well, then the event is best understood as an exercise in nonviolent resistance.

    In a Salon apologia for the Baltimore riots, political philosopher Musa al-Gharbi observes that Martin Luther King “often staged episodes of civil disobedience in the most hostile or dangerous areas, with the implicit intent of generating a heavy-handed response from the authorities or local community in a highly public and well-publicized setting — thereby advancing sympathy for, and awareness of, the cause. Pacifists gain moral high ground precisely by refusing to return violence in kind — a feat that is impossible unless and until they are confronted with unreasonable force.”

    It would be inaccurate to describe the Garland event as civil disobedience, since the organizers’ adversaries were not the civil authorities. (Indeed, the Garland police appear to have acted exemplarily in employing deadly force to protect citizens from violence.) But if Choudary’s understanding of the attack is correct, Simpson and his accomplice were acting on behalf of what they saw as a higher authority — the laws of Shariah, ordained by God. That such authority has no formal standing in the U.S. does not make it either benign or unworthy of resistance.

    Five years ago this column criticized “Everybody Draw Mohammad Day,” a similar effort that grew out of a whimsical cartoon, because it struck us as a gratuitous effort to offend. A few months later the cartoonist, Molly Norris, was reported to have gone into hiding in the face of death threats. In 2008, we interviewed Dutch politician Geert Wilders and argued that some of his anti-Islam rhetoric was overwrought and wrongheaded:

    He insists that his antagonism toward Islam reflects no antipathy toward Muslims: “I make a distinction between the ideology . . . and the people. . . . There are people who call themselves Muslims and don’t subscribe to the full part of the Quran. And those people, of course, we should invest [in], we should talk to.” He says he would end Muslim immigration to the Netherlands but work to assimilate those already there.

    His idea of how to do so, however, seems unlikely to win many converts: “You have to give up this stupid, fascist book”—the Quran. “This is what you have to do. You have to give up that book.”

    Mr. Wilders is right to call for a vigilant defense of liberal principles. A society has a right, indeed a duty, to require that religious minorities comply with secular rules of civilized behavior. But to demand that they renounce their religious identity and holy books is itself an affront to liberal principles.

    Wilders was among the organizers of last night’s event in Garland. As far as we know, he has not softened his problematic views. But he’s still right to call for a vigilant defense of liberal principles. Sometimes that justifies being provocative. Sometimes it even requires it.

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  • Today Baltimore, tomorrow Madison

    May 5, 2015
    Madison, media

    You might say that David Blaska struck a nerve:

    Baltimore has lessons for Madison.

    1) First is the value of parenting. Mother of the year goes to the woman who slapped her teenage son silly for throwing rocks at the police. If Barack Obama wants to send a clear message of social responsibility, he should invite the lady to the White House and give her a medal of some sort. Bring the boy along. The young man has a real chance to grow up and be something. Or, at least, to grow up.

    “He’s my only son. At the end of the day, I won’t want him to be another Freddie Gray,” she said, in reference to the 25-year-old killed in police custody. (CNN’s video here.) Think about that. Obey the law as a survival strategy.

    2) The second lesson stems from the first. The raw fuel for disorders in Baltimore, as in Madison, comes down to teenage boys. The troubles started in Baltimore after the high schools let out Monday. Most of the victims –– whether in Baltimore, Madison, or Ferguson –– have been troubled young males. Boys looking to be men challenge authority –– the father figure. That is part of the initiation rite, no matter the species. The purpose of the adult is to keep order. Didn’t we read about a world ruled by teenaged boys in Lord of the Flies?

    A while back, gamekeepers noted young bull elephants were wantonly killing rhinos. They captured and introduced into the rogue band a couple mature elephants from another herd. The rhino killing ceased. In this most violent year of race relations since LBJ, police substitute for the father figures –– the upholders of order –– for so many fatherless young men.

    In Madison, the April 13 daylong shutdown of East Washington Avenue was in large part the work of truant high schoolers.

    3) The third lesson is to not abdicate that authority just because it is challenged in the name of some bogus altruism. You protest the death of Freddie Gray by burning down a drug store and senior citizen housing? Stealing the Stoly?

    The president is correct to call the riots the work of “criminals and thugs.” Baltimore’s mayor said the same, but some of her words were (perhaps understandably) misinterpreted. Mayor Stephanie Rawlings-Blake said she worked with the police, “to make sure that the protesters were able to exercise their right to free speech. It’s a very delicate balancing act, because, while we tried to make sure that they were protected from the cars and the other things that were going on, we also gave those who wished to destroy space to do that as well.”

    At first blush, it sounded that the mayor was giving free rein to the rioters. What she meant was that ordering police to stand back for the purpose of allowing peaceful demonstration gave an unintended opening to lawless instigators.

    The indispensible James Taranto, of The Wall Street Journal, writes that Baltimore “failed in the delicate balancing act of safeguarding both free expression and public order. As the latter deteriorated, the former inevitably suffered as well: It’s hard to protest when bricks are flying and buildings are burning.”

    Allowing Madison kids to close down a major thoroughfare during rush-hour traffic is that kind of opening.

    4) The culture of victimhood teaches people that they are not responsible for their own failings, and that the real problem is they’re not getting enough free stuff from the government. That, if too many black men are being arrested for crime, it is the fault of those who enforce the law and, indeed, of the statute itself.

    Madison –– its city hall overrun with tramps and vagrants, its streets shut down by bullhorn-tooting children –– has managed to turn upside-down the expectations of a functional community.

    Wednesday’s Wall Street Journal observes, “the first and most important responsibility of any city government is to uphold law and order. When the streets are unsafe and crime is high, everything else –– getting businesses to invest and create jobs ––becomes next to impossible. People start voting with their feet.”

    Say hello to Middleton, Fitchburg, and Sun Prairie!

    5) Call in the troops sooner rather than later. At some point (this is week five) District Attorney Ismael Ozanne is bound to announce his decision whether to prosecute in the Tony T. Robinson death. (Baltimore cannot give him much solace.) Governor Walker should even now have a contingent of National Guard members assembled and ready to deploy within minutes. Boots on the ground. Do not wait for the mayor to request anything. Yes, the ACLU and The Capital Times will bitch. Send them the bill.

    Instead, Baltimore is smoldering. Schools are closed. The Orioles will play baseball before an empty house in beautiful Camden Yards –– no fans permitted. This is how cities die. It’s how Detroit hollowed out in 1968.

    Don’t say it can’t happen in Madison. We may lack the minority population but not the young crazies.

    How much of a nerve? This comes from Isthmus, which used to run Blaska until it got rid of Blaska’s column (and, for that matter, used to run mine as well):

    Cancel your In Business subscription today

    If you have a job in Madison, your office probably has one. Call them today at 608-204-9655 and tell them to stop delivery immediately. Cite an article by DavidBlaska titled “Madison can smell Baltimore’s smoke.”I won’t link to it because I don’t have the window open anymore and I’m sure you can find it yourself. I recommend reading it to see just how strident and wrong that mag is for running that tripe. They need to hear about it from their readers.

    Racism can’t be good for business and reading the comments on that blog, it’s apparent that both IB and Blaska believe that it is.

    So how much money can Madison liberals who can’t stand opinions different from theirs, who already subscribe to In Business, save by canceling in a huff? This much:

    To qualify for a free subscription to In Business, including the annual Book of Lists (total value of $75) …

    Madison is a big believer in diversity, except for intellectual diversity.

     

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  • Presty the DJ for May 5

    May 5, 2015
    Music

    The number one single today in 1956 was this artist’s first, but certainly not last:

    The number one single today in 1962:

    I’m unaware of whether the soundtrack of “West Side Story” got any radio airplay, but since I played it in both the La Follette and UW marching bands, I note that today in 1962 the soundtrack hit number one and stayed there for 54 weeks:

    (more…)

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  • As the media sows, so it reaps

    May 4, 2015
    media, US business, US politics

    The Wisconsin Newspaper Association reports:

    Wisconsin Newspaper Association (WNA) representatives met with U.S. Rep. Paul Ryan, R-Janesville, in Milwaukee April 10 to voice opposition to a proposed tax on advertising that would slash advertising revenue.

    A group called the Advertising Coalition, composed of media companies, national media associations and advertising trade associations, scheduled the meeting. Members include the National Newspaper Association, the Newspaper Association of America, the American Advertising Federation, as well as broadcast media groups and companies. …

    The meeting with Ryan, who serves as chairman of the powerful U.S. House Ways and Means Committee, comes as Congress scours the tax code for ways cut to corporate taxes and keep companies from relocating to countries with lower business tax rates.

    A proposal from the former leaders of the Senate Finance and House Ways and Means Committees recommended a $169 billion tax on advertising to help pay for tax reform bills. Advertisers would be allowed to deduct only half of their advertising costs as a business expense, as opposed to the current 100 percent deduction. Under the new plan, advertisers could amortize,or gradually write off, the remaining 50 percent of advertising expenses over 10 years.

    Ryan told meeting attendees that everything was on the table regarding U.S. tax code at this point.

    “This provision is a real threat to the newspaper industry, as wellas the entire advertising industry,” [Wisconsin Free Press publisher Andrew] Johnson said. “If we don’t fight it early on, it will be put in the bill and it would have devastating consequences for our industry.”

    Advertising dollars reverberate throughout the economy and generate more spending beyond the initial exchange.

    Every dollar of ad spending generates nearly $22 of economic output and every million dollars spent on ads supports 81 American jobs, according to IHS Global Insights, an economic consultancy.

    According to IHS Global Insights data sited by the Advertising Coalition, advertising expenditures account for $105.8 billion in economic output in Wisconsin, or 17.6 percent of the $600 billion of the state’s total economic output. Advertising-driven sales of products and services support 16.8 percent of the 2.8 million jobs in Wisconsin.

    Nationwide, advertising expenditures account for $.58 trillion in economic output in the United States, or 17.2 percent of the $33.8 trillion in total economic output in the country. Advertising driven sales of products and services help support 21.7 million jobs or 16 percent of the 136.2 trillion in the country.

    The Advertising Coalition’s goal is to meet with key members of congress in their home states where local media and advertising executives can describe the role that advertising creates in their business.

    You should find this ironic since it is increasingly rare for newspaper opinion pages to editorialize in opposition to tax increases, or in favor of tax cuts. Just like it’s ironic for a Republican to appear to be considering a tax increase, even a tax increase one of that politician’s party’s enemies.

    Then again, newspaper opinion pages don’t stand up for civil liberties in the legal system either, as Rick Esenberg noticed:

    You’d think that much has been written locally – and in the Journal Sentinel – about the John Doe proceeding. In a sense, you’d be right. But, in another equally important sense, you’d be wrong. The legacy media’s utter indifference to the profound implications for both freedom of speech and the way in which politics will be waged in the future is staggering. …

    But a few things are clear. What the Doe prosecutors are trying is extremely aggressive and highly controversial. Even if you don’t think, as I do, their position is beyond the pale, it is on the outer reaches of what can reasonably be supported by state statutes and the Constitution. But even more troubling, they have decided to advance tenuous theories in the most aggressive way imaginable. They have not sought civil forfeitures, they have gone directly to DefCon 1 – criminal prosecution.

    They have done so in a way that seems calculated to deter at least as much political speech as possible. They have invoked the mysterious John Doe process and attempted to gag their targets. As a result, no one who wishes to participate in the political process can really know what they think is illegal and how their conduct might lead to the same treatment. They have used strong arm police tactics – the type normally deployed against organized crime and drug dealers – that are certain to draw attention and strike fear in the hearts of activists who wonder if they might be next.

    And all of this has been done at the instigation of partisans of one party who have directed a long running and enormously expensive investigation exclusively at their principal political opponent. (And, no, there is no evidence that any Republican prosecutor has had anything other than perfunctory involvement in any of this.)

    It is not necessary to question the motivation of prosecutors to be troubled by this. Even if their sin was bad judgment and not bad intent, the impact on free speech is disturbing. And even if they didn’t regard themselves as engaged in political warfare, you can be sure that what goes round will eventually come around. Democrats who cheer secret investigations into the other side’s speech and associational activities and are heartened by leaks that place their political opponents in a bad light can be certain that, if the Doe stands, they will eventually be hoisted on their own petard. I’m not advocating that his happen (quite the opposite), but I am recognizing that one side’s tactics, if successful, will always be emulated by their opponents.

    You’d think that legacy journalists would love the First Amendment. No matter what the merits of a campaign finance case or how highly they might regard any particular prosecutor, you’d think that they would see the problematic nature of this type of behavior.

    But that hasn’t happened. Part of the problem, I think, is that the mainstream media has traditionally believed that it is not like you or me. It believes that as “the press” it has enhanced First Amendment rights as if the Constitution protected institutions and not actions. This was always wrong. Those who own broadcasting license or who used to buy ink by the barrel (you don’t need as much these days) have no greater right to expression than the hoi polloi.

    But, in an era in which the barriers to becoming “media” are almost nonexistent, it is an incoherent distinction. It is increasingly impossible to know who “the media” is. Perhaps the inability of the legacy media to see the constitutional threat posed by the Doe investigation is a product of its commitment to its own privilege, even at a time when that privilege is slipping away.

    (Until last week I didn’t even know — and I bet most people in the media didn’t know — that there is a criminal libel statute in Wisconsin. Many states don’t, and Wisconsin shouldn’t, particularly given that no one is likely to be able to tell you the last time anyone was prosecuted for libel. And Walker isn’t going to be the next person prosecuted.)

    For the record, I do not support taxing advertising. At every level it is obvious except to the willfully blind that government wastes our tax dollars, therefore government should get no more of our tax dollars.

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  • Chisholm vs. the First Amendment

    May 4, 2015
    media, Wisconsin politics

    Marquette University law Prof. Rick Esenberg:

    In response to Governor Scott Walker’s reference to the John Doe investigation as unconstitutional and a political witch-hunt, Milwaukee County District Attorney John Chisholm implied that Walker could be prosecuted for criminal defamation.

    Here’s the likelihood that could happen. Zero. Zilch. Nada. Not in this country.

    Now, I assume that John Chisholm knows that. I assume that he knows that because any lawyer with even the slightest background in First Amendment law would know it. I assume it because the alternative is a frightening, I would hate to think that a lawyer who has the power to charge people with crimes and presumes to exercise that authority in areas like campaign speech and finance does not know the constitutional obstacles to charging people with a crime for speech.

    According to the First Amendment Center, Iowa has no criminal defamation statute, although (oddly) there have been efforts to prosecute people for such an offense. For reasons that I won’t get into here, it is an open question whether any such prosecution would be constitutional in this context. But anywhere in the United States, a prosecutor who sought to bring such charges would, at minimum, be required to prove beyond a reasonable doubt that Walker made statements of fact (not opinion) and that he knew they were false or acted with reckless disregard for their truth or falsity. Simply proving that he was “wrong” (if that even could be done) wouldn’t cut it.

    I’d as soon put my money on the 4-15 Brewers winning 100 games this year.

    In response to the same statement by Walker, prosecutor Fran Schmitz calls on Walker to support public release of the documents that Walker believes Schmitz gathered improperly. That’s also scary talk from a prosecutor. There is a legitimate question as to whether the seizure of private records of political activists was proper. In fact, the only two judges who have ruled on the question have found that it was not. In other words, it seems possible – I’d say probable – that Schmitz should not have the records that he now wants to make public.

    If these records were improperly seized, releasing them would make the injury to these activists irreparable. What they had a right to keep private would now be permanently public. Yet Schmitz seems to be suggesting the best response to an allegation that prosecutors should not have seized private records is to make them public.

    Esenberg adds on his own blog:

    Imagine, for a moment, that this had been done to a newspaper or broadcast operation. Assume an early dawn raid on the Milwaukee Journal Sentinel’s offices at Fourth and State in which reporters’ files were carried away and editors were told to keep their mouths shut about what had been done to them. (The prosecutors here did contemplate going after broadcast journalists.) Our newspapers and broadcast stations would be apoplectic about the “chilling impact” on freedom of speech that such tactics would have. And rightly so. …

    The elected District Attorney of Milwaukee County actually suggested that someone who criticized him should be charged with a crime.

    Let’s start with the easy part. This is the type of statement that will get earn a law student a very bad grade in Constitutional Law. The question is not whether Walker was “right” or “wrong.” At minimum, one would have to show that Walker made statements of fact (not opinion). At minimum, one would have to show, beyond a reasonable doubt, that he knew the statements were untrue or acted with reckless disregard of their truth and falsity. Even then, there remain serious constitutional questions regarding the criminalization of political speech.There is no way – not in this country – that such a prosecution could ever succeed.

    But the problem here is larger than a single lawyer’s understanding of constitutional law or appreciation for the First Amendment. Any lawyer who suggests that political speech should be criminally prosecuted might expect to be laughed at. But when that lawyer has the power to invoke the machinery of the criminal law, it is no longer a laughing matter.

     

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Steve Prestegard.com: The Presteblog

The thoughts of a journalist/libertarian–conservative/Christian husband, father, Eagle Scout and aficionado of obscure rock music. Thoughts herein are only the author’s and not necessarily the opinions of his family, friends, neighbors, church members or past, present or future employers.

  • Steve
    • About, or, Who is this man?
    • Facebook
    • Twitter
    • Adventures in ruralu0026nbsp;inkBack in June 2009, I was driving somewhere through a rural area. And for some reason, I had a flashback to two experiences in my career about that time of year many years ago. In 1988, eight days after graduating from the University of Wisconsin, I started work at the Grant County Herald Independent in Lancaster as a — well, the — reporter. Four years after that, on my 27th birthday, I purchased, with a business partner, the Tri-County Press in Cuba City, my first business venture. Both were experiences about which Wisconsin author Michael Perry might write. I thought about all this after reading a novel, The Deadline, written by a former newspaper editor and publisher. (Now who would write a novel about a weekly newspaper?) As a former newspaper owner, I picked at some of it — why finance a newspaper purchase through the bank if the seller is willing to finance it? Because the mean bank lender is a plot point! — and it is much more interesting than reality, but it is very well written, with a nicely twisting plot, and quite entertaining, again more so than reality. There is something about that first job out of college that makes you remember it perhaps more…
    • Adventures in radioI’ve been in the full-time work world half my life. For that same amount of time I’ve been broadcasting sports as a side interest, something I had wanted to since I started listening to games on radio and watching on TV, and then actually attending games. If you ask someone who’s worked in radio for some time about the late ’70s TV series “WKRP in Cincinnati,” most of them will tell you that, if anything, the series understated how wacky working in radio can be. Perhaps the funniest episode in the history of TV is the “WKRP” episode, based on a true story, about the fictional radio station’s Thanksgiving promotion — throwing live turkeys out of a helicopter under the mistaken belief that, in the words of WKRP owner Arthur Carlson, “As God is my witness, I thought turkeys could fly.” [youtube=http://www.youtube.com/watch?v=ST01bZJPuE0] I’ve never been involved in anything like that. I have announced games from the roofs of press boxes (once on a nice day, and once in 50-mph winds), from a Mississippi River bluff (more on that later), and from the front row of the second balcony of the University of Wisconsin Fieldhouse (great view, but not a place to go if…
    • “Good morning/afternoon/evening, ________ fans …”
    • My biggest storyEarlier this week, while looking for something else, I came upon some of my own work. (I’m going to write a blog someday called “Things I Found While Looking for Something Else.” This is not that blog.) The Grant County Sheriff’s Department, in the county where I used to live, has a tribute page to the two officers in county history who died in the line of duty. One is William Loud, a deputy marshal in Cassville, shot to death by two bank robbers in 1912. The other is Tom Reuter, a Grant County deputy sheriff who was shot to death at the end of his 4 p.m.-to-midnight shift March 18, 1990. Gregory Coulthard, then a 19-year-old farmhand, was convicted of first-degree intentional homicide and is serving a life sentence, with his first eligibility for parole on March 18, 2015, just 3½ years from now. I’ve written a lot over the years. I think this, from my first two years in the full-time journalism world, will go down as the story I remember the most. For journalists, big stories contain a paradox, which was pointed out in CBS-TV’s interview of Andy Rooney on his last “60 Minutes” Sunday. Morley Safer said something along the line…
  • Food and drink
    • The Roesch/Prestegard familyu0026nbsp;cookbookFrom the family cookbook(s) All the families I’m associated with love to eat, so it’s a good thing we enjoy cooking. The first out-of-my-house food memory I have is of my grandmother’s cooking for Christmas or other family occasions. According to my mother, my grandmother had a baked beans recipe that she would make for my mother. Unfortunately, the recipe seems to have  disappeared. Also unfortunately, my early days as a picky, though voluminous, eater meant I missed a lot of those recipes made from such wholesome ingredients as lard and meat fat. I particularly remember a couple of meals that involve my family. The day of Super Bowl XXXI, my parents, my brother, my aunt and uncle and a group of their friends got together to share lots of food and cheer on the Packers to their first NFL title in 29 years. (After which Jannan and I drove to Lambeau Field in the snow,  but that’s another story.) Then, on Dec. 31, 1999, my parents, my brother, my aunt and uncle and Jannan and I (along with Michael in utero) had a one-course-per-hour meal to appropriately end years beginning with the number 1. Unfortunately I can’t remember what we…
    • SkålI was the editor of Marketplace Magazine for 10 years. If I had to point to one thing that demonstrates improved quality of life since I came to Northeast Wisconsin in 1994, it would be … … the growth of breweries and  wineries in Northeast Wisconsin. The former of those two facts makes sense, given our heritage as a brewing state. The latter is less self-evident, since no one thinks of Wisconsin as having a good grape-growing climate. Some snobs claim that apple or cherry wines aren’t really wines at all. But one of the great facets of free enterprise is the opportunity to make your own choice of what food and drink to drink. (At least for now, though some wish to restrict our food and drink choices.) Wisconsin’s historically predominant ethnic group (and our family’s) is German. Our German ancestors did unfortunately bring large government and high taxes with them, but they also brought beer. Europeans brought wine with them, since they came from countries with poor-quality drinking water. Within 50 years of a wave of mid-19th-century German immigration, brewing had become the fifth largest industry in the U.S., according to Maureen Ogle, author of Ambitious Brew: The Story of American Beer. Beer and wine have…
  • Wheels
    • America’s sports carMy birthday in June dawned without a Chevrolet Corvette in front of my house. (The Corvette at the top of the page was featured at the 2007 Greater Milwaukee Auto Show. The copilot is my oldest son, Michael.) Which isn’t surprising. I have three young children, and I have a house with a one-car garage. (Then again, this would be more practical, though a blatant pluck-your-eyes-out violation of the Corvette ethos. Of course, so was this.) The reality is that I’m likely to be able to own a Corvette only if I get a visit from the Corvette Fairy, whose office is next door to the Easter Bunny. (I hope this isn’t foreshadowing: When I interviewed Dave Richter of Valley Corvette for a car enthusiast story in the late great Marketplace Magazine, he said that the most popular Corvette in most fans’ minds was a Corvette built during their days in high school. This would be a problem for me in that I graduated from high school in 1983, when no Corvette was built.) The Corvette is one of those cars whose existence may be difficult to understand within General Motors Corp. The Corvette is what is known as a “halo car,” a car that drives people into showrooms, even if…
    • Barges on fouru0026nbsp;wheelsI originally wrote this in September 2008.  At the Fox Cities Business Expo Tuesday, a Smart car was displayed at the United Way Fox Cities booth. I reported that I once owned a car into which trunk, I believe, the Smart could be placed, with the trunk lid shut. This is said car — a 1975 Chevrolet Caprice coupe (ours was dark red), whose doors are, I believe, longer than the entire Smart. The Caprice, built down Interstate 90 from us Madisonians in Janesville (a neighbor of ours who worked at the plant probably helped put it together) was the flagship of Chevy’s full-size fleet (which included the stripper Bel Air and middle-of-the-road Impala), featuring popular-for-the-time vinyl roofs, better sound insulation, an upgraded cloth interior, rear fender skirts and fancy Caprice badges. The Caprice was 18 feet 1 inch long and weighed 4,300 pounds. For comparison: The midsize Chevrolet of the ear was the Malibu, which was the same approximate size as the Caprice after its 1977 downsizing. The compact Chevrolet of the era was the Nova, which was 200 inches long — four inches longer than a current Cadillac STS. Wikipedia’s entry on the Caprice has this amusing sentence: “As fuel economy became a bigger priority among Americans…
    • Behind the wheel
    • Collecting only dust or rust
    • Coooooooooooupe!
    • Corvettes on the screen
    • The garage of misfit cars
    • 100 years (and one day) of our Chevrolets
    • They built Excitement, sort of, once in a while
    • A wagon by any otheru0026nbsp;nameFirst written in 2008. You will see more don’t-call-them-station-wagons as you drive today. Readers around my age have probably had some experience with a vehicle increasingly rare on the road — the station wagon. If you were a Boy Scout or Girl Scout, or were a member of some kind of youth athletic team, or had a large dog, or had relatives approximately your age, or had friends who needed to be transported somewhere, or had parents who occasionally had to haul (either in the back or in a trailer) more than what could be fit inside a car trunk, you (or, actually, your parents) were the target demographic for the station wagon. “Station wagons came to be like covered wagons — so much family activity happened in those cars,” said Tim Cleary, president of the American Station Wagon Owners Association, in Country Living magazine. Wagons “were used for everything from daily runs to the grocery store to long summer driving trips, and while many men and women might have wanted a fancier or sportier car, a station wagon was something they knew they needed for the family.” The “station wagon” originally was a vehicle with a covered seating area to take people between train stations…
    • Wheels on theu0026nbsp;screenBetween my former and current blogs, I wrote a lot about automobiles and TV and movies. Think of this post as killing two birds (Thunderbirds? Firebirds? Skylarks?) with one stone. Most movies and TV series view cars the same way most people view cars — as A-to-B transportation. (That’s not counting the movies or series where the car is the plot, like the haunted “Christine” or “Knight Rider” or the “Back to the Future” movies.) The philosophy here, of course, is that cars are not merely A-to-B transportation. Which disqualifies most police shows from what you’re about to read, even though I’ve watched more police video than anything else, because police cars are plain Jane vehicles. The highlight in a sense is in the beginning: The car chase in my favorite movie, “Bullitt,” featuring Steve McQueen’s 1968 Ford Mustang against the bad guys’ 1968 Dodge Charger: [youtube=http://www.youtube.com/watch?v=GMc2RdFuOxIu0026amp;fmt=18] One year before that (but I didn’t see this until we got Telemundo on cable a couple of years ago) was a movie called “Operación 67,” featuring (I kid you not) a masked professional wrestler, his unmasked sidekick, and some sort of secret agent plot. (Since I don’t know Spanish and it’s not…
    • While riding in my Cadillac …
  • Entertainments
    • Brass rocksThose who read my former blog last year at this time, or have read this blog over the past months, know that I am a big fan of the rock group Chicago. (Back when they were a rock group and not a singer of sappy ballads, that is.) Since rock music began from elements of country music, jazz and the blues, brass rock would seem a natural subgenre of rock music. A lot of ’50s musical acts had saxophone players, and some played with full orchestras … [youtube=http://www.youtube.com/watch?v=9CPS-WuUKUE] … but it wasn’t until the more-or-less simultaneous appearances of Chicago and Blood Sweat u0026amp; Tears on the musical scene (both groups formed in 1967, both had their first charting singles in 1969, and they had the same producer) that the usual guitar/bass/keyboard/drum grouping was augmented by one or more trumpets, a sax player and a trombone player. While Chicago is my favorite group (but you knew that already), the first brass rock song I remember hearing was BSu0026amp;T’s “Spinning Wheel” — not in its original form, but on “Sesame Street,” accompanied by, yes, a giant spinning wheel. [youtube=http://www.youtube.com/watch?v=qi9sLkyhhlE] [youtube=http://www.youtube.com/watch?v=OxWSOuNsN20] [youtube=http://www.youtube.com/watch?v=U9U34uPjz-g] I remember liking Chicago’s “Just You ‘n Me” when it was released as a single, and…
    • Drive and Eat au0026nbsp;RockThe first UW home football game of each season also is the opener for the University of Wisconsin Marching Band, the world’s finest college marching band. (How the UW Band has not gotten the Sudler Trophy, which is to honor the country’s premier college marching bands, is beyond my comprehension.) I know this because I am an alumnus of the UW Band. I played five years (in the last rank of the band, Rank 25, motto: “Where Men Are Tall and Run-On Is Short”), marching in 39 football games at Camp Randall Stadium, the Hubert H. Humphrey Metrodome in Minneapolis, Michigan Stadium in Ann Arbor, Memorial Stadium at the University of Illinois (worst artificial turf I had ever seen), the University of Nevada–Las Vegas’ Sam Boyd Silver Bowl, the former Dyche Stadium at Northwestern University, five high school fields and, in my one bowl game, Legion Field in Birmingham, Ala., site of the 1984 Hall of Fame Bowl. The UW Band was, without question, the most memorable experience of my college days, and one of the most meaningful experiences of my lifetime. It was the most physical experience of my lifetime, to be sure. Fifteen minutes into my first Registration…
    • Keep on rockin’ in the freeu0026nbsp;worldOne of my first ambitions in communications was to be a radio disc jockey, and to possibly reach the level of the greats I used to listen to from WLS radio in Chicago, which used to be one of the great 50,000-watt AM rock stations of the country, back when they still existed. (Those who are aficionados of that time in music and radio history enjoyed a trip to that wayback machine when WLS a Memorial Day Big 89 Rewind, excerpts of which can be found on their Web site.) My vision was to be WLS’ afternoon DJ, playing the best in rock music between 2 and 6, which meant I wouldn’t have to get up before the crack of dawn to do the morning show, yet have my nights free to do whatever glamorous things big-city DJs did. Then I learned about the realities of radio — low pay, long hours, zero job security — and though I have dabbled in radio sports, I’ve pretty much cured myself of the idea of working in radio, even if, to quote WAPL’s Len Nelson, “You come to work every day just like everybody else does, but we’re playing rock ’n’ roll songs, we’re cuttin’ up.…
    • Monday on the flight line, not Saturday in the park
    • Music to drive by
    • The rock ofu0026nbsp;WisconsinWikipedia begins its item “Music of Wisconsin” thusly: Wisconsin was settled largely by European immigrants in the late 19th century. This immigration led to the popularization of galops, schottisches, waltzes, and, especially, polkas. [youtube=http://www.youtube.com/watch?v=yl7wCczgNUc] So when I first sought to write a blog piece about rock musicians from Wisconsin, that seemed like a forlorn venture. Turned out it wasn’t, because when I first wrote about rock musicians from Wisconsin, so many of them that I hadn’t mentioned came up in the first few days that I had to write a second blog entry fixing the omissions of the first. This list is about rock music, so it will not include, for instance, Milwaukee native and Ripon College graduate Al Jarreau, who in addition to having recorded a boatload of music for the jazz and adult contemporary/easy listening fan, also recorded the theme music for the ’80s TV series “Moonlighting.” Nor will it include Milwaukee native Eric Benet, who was for a while known more for his former wife, Halle Berry, than for his music, which includes four number one singles on the Ru0026amp;B charts, “Spend My Life with You” with Tamia, “Hurricane,” “Pretty Baby” and “You’re the Only One.” Nor will it include Wisconsin’s sizable contributions to big…
    • Steve TV: All Steve, All the Time
    • “Super Steve, Man of Action!”
    • Too much TV
    • The worst music of allu0026nbsp;timeThe rock group Jefferson Airplane titled its first greatest-hits compilation “The Worst of Jefferson Airplane.” Rolling Stone magazine was not being ironic when it polled its readers to decide the 10 worst songs of the 1990s. I’m not sure I agree with all of Rolling Stone’s list, but that shouldn’t be surprising; such lists are meant for debate, after all. To determine the “worst,” songs appropriate for the “Vinyl from Hell” segment that used to be on a Madison FM rock station, requires some criteria, which does not include mere overexposure (for instance, “Macarena,” the video of which I find amusing since it looks like two bankers are singing it). Before we go on: Blog posts like this one require multimedia, so if you find a song you hate on this blog, I apologize. These are also songs that I almost never listen to because my sound system has a zero-tolerance policy — if I’m listening to the radio or a CD and I hear a song I don’t like, it’s, to quote Bad Company, gone gone gone. My blonde wife won’t be happy to read that one of her favorite ’90s songs, 4 Non Blondes’ “What’s Up,” starts the list. (However,…
    • “You have the right to remain silent …”
  • Madison
    • Blasts from the Madison media past
    • Blasts from my Madison past
    • Blasts from our Madison past
    • What’s the matter with Madison?
    • Wisconsin – Madison = ?
  • Sports
    • Athletic aesthetics, or “cardinal” vs. “Big Red”
    • Choose your own announcer
    • La Follette state 1982 (u0022It was 30 years ago todayu0022)
    • The North Dakota–Wisconsin Hockey Fight of 1982
    • Packers vs. Brewers
  • Hall of Fame
    • The case(s) against teacher unions
    • The Class of 1983
    • A hairy subject, or face the face
    • It’s worse than you think
    • It’s worse than you think, 2010–11 edition
    • My favorite interview subject of all time
    • Oh look! Rural people!
    • Prestegard for president!
    • Unions vs. the facts, or Hiding in plain sight
    • When rhetoric goes too far
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