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Using the Open Records Law To Intimidate Critics

Layzej writes "On March 15, Professor Bill Cronon posted his first blog. The subject was the role of the American Legislative Exchange Council in influencing recent legislation in Wisconsin and across the country. Less than two days later, his university received a communication formally requesting under the state's Open Records Law copies of all emails he sent or received pertaining to matters raised in the blog. Remarkably, the request was sent to the university's legal office by Stephan Thompson of the Republican Party of Wisconsin, with no effort to obscure the political motivations behind it. In a recent editorial, the New York Times notes that demanding copies of e-mails and other documents is the latest technique used politically to silence critics."

66 of 369 comments (clear)

  1. Not just Republicans by ShakaUVM · · Score: 3, Insightful

    It's not just Republicans doing this.

    Look at HuffPo's website: http://fundrace.huffingtonpost.com/

    Type in the address of your neighbor, see what political groups they contribute to. They used this to pull a list of Prop 8 contributors in California, to intimidate them.

    I could make some sort of argument about anonymity and free speech, I guess, but apparently these things only matter when it's the other guys doing these acts.

    1. Re:Not just Republicans by Cwix · · Score: 3, Interesting

      Its public info, frankly I'm glad that people are boycotting their businesses because they are bigots. I dont want to support any business which feels it has a right to say what I do when it affects only myself.

      Thanks for the boycott list though, Ill doubly make sure I don't buy from any of those businesses.

      --
      You are entitled to your own opinions, not your own facts.
    2. Re:Not just Republicans by Burz · · Score: 3, Informative

      This has absolutely no relation to the subject at hand. The person who runs the blog isn't a public official or state employee.

      Also the link you posted doesn't single out any one type of political group. It could be used by conservatives too.

      Lastly, the laws protecting the emails and the political donation info of private citizens are very different.

    3. Re:Not just Republicans by betterunixthanunix · · Score: 4, Insightful

      So...the Democrats, a pro-corporate capitalist party, and the Republicans, a pro-corporate capitalist party, both engage in these tactics. Perhaps we should revisit the idea of voting for some other party?

      --
      Palm trees and 8
    4. Re:Not just Republicans by ajs · · Score: 2

      Yes we should, and the correct way to do that is to embrace a voting system that doesn't foster a two-party system. There are a number rated voting systems including my personal favorite, approval voting. Approval voting is the simplest way to replace plurality. All that's needed is a ballot with check-boxes, and instead of voting for one candidate, you vote for all candidates that you approve of for the job.

      There are also a number of different ways of determining the outcome of the vote, but just changing the balloting process would undermine the lock that the two-party system has in the U.S.

    5. Re:Not just Republicans by hedwards · · Score: 4, Informative

      Proposition 8 is hardly a valid example. The people have a pretty clear right to know who it is that's funding an unconstitutional measure to rescind rights. It also turned out that the Mormons were abusing their tax exempt status to tinker directly in the election process in a way which normally requires the funds not be tax exempt giving them an unfair advantage over the opposition.

      Here in WA we've had the same argument going on over referendum 71 because they decided that they didn't want to actually be accountable for trying to revoke the civil rights of a minority group.

      In practice, the claims of intimidation have been greatly exaggerated, and represented far less actual intimidation than the groups claiming to be targeted have meted out to others over the years.

    6. Re:Not just Republicans by berzerke · · Score: 3, Insightful

      There are also a number of different ways of determining the outcome of the vote, but just changing the balloting process would undermine the lock that the two-party system has in the U.S.

      Which is why it won't happen. The one thing democrats and republicans will work together on is to stop anything that would enable the rise of a third (or more) party. They will use every legal trick, and probably more than few illegal ones, to stop this.

      The only way this is going to change is for the american voters to wake up and start voting in mass for third party and independent candidates, especially the ones with little campaign funding. That campaign funding comes with some serious strings attached...

    7. Re:Not just Republicans by PopeRatzo · · Score: 2

      Boycott is. They were used for intimidation.

      So you don't believe people should have the right to not do business with companies that do things with which they disagree?

      Isn't that an exercise of "free market" principles?

      --
      You are welcome on my lawn.
    8. Re:Not just Republicans by Thoguth · · Score: 2

      There are also a number of different ways of determining the outcome of the vote, but just changing the balloting process would undermine the lock that the two-party system has in the U.S.

      Which is why it won't happen. The one thing democrats and republicans will work together on is to stop anything that would enable the rise of a third (or more) party. They will use every legal trick, and probably more than few illegal ones, to stop this.

      The only way this is going to change is for the american voters to wake up and start voting in mass for third party and independent candidates, especially the ones with little campaign funding. That campaign funding comes with some serious strings attached...

      I hate to say it, but this is why it's never going to change. As the advertising industry has known for years, and as Coca-Cola bases its business model on, changing the minds of the masses is simply a matter of spending enough money.

      As long as people consume entertainment that they don't pay for (such as television, radio, and most websites for that matter) people are going to consume advertising, opening a portion of their minds to the highest bidder. As long as people freely offer their minds to the highest bidder in exchange for a sitcom, phony partisan "news" report or video of a cat falling off a TV, the ones with the most money (read: the establishment) is going to have the most influence the masses.

      The only thing that might change that is if people start starving or otherwise feeling primal physical discomfort as a result of the establishment / status quo keeping on doing what they're doing. That's a possibility, but not one that I hope for.

      --
      The requested URL /iframe/sig.html was not found on this server.
    9. Re:Not just Republicans by corbettw · · Score: 3, Insightful

      Changing the voting system would require a huge overhaul of the election process in America. And the two major parties would never, ever do anything to help facilitate that. So, in the meantime, STOP VOTING FOR REPUBLICANS OR DEMOCRATS. It doesn't even matter what "third" party you vote for, but stop wasting your vote on the two big ones.

      --
      God invented whiskey so the Irish would not rule the world.
    10. Re:Not just Republicans by rtb61 · · Score: 2

      Not voting for Republicans or Democrats is a foolish notion and one that is only promoted by Republicans and Democrats because they want you wasting your vote.

      The reality is, not happy with Republicans and Democrats, then pay a lot more bloody attention to what is going on in the primaries. Want a Labour Democrat (one that actually supports the workers) and a Green Republican (a conservatives that actually wants to conserve things), than put them up at the primaries. It is high time to kick the corporations out of the primaries and stop them from stacking elections in their favour before they even start.

      About 10% of the voters vote in the primary making it easy to win the election before it even starts by stacking both sides with candidates that actually support the people.

      --
      Chaos - everything, everywhere, everywhen
  2. Re:Nothing New Here... by Anonymous Coward · · Score: 3, Insightful

    The is just as contemptible as the Democrats trying to reinstitute a so-called "Fairness Doctrine" in order to silence Conservatives so I fail to see the newsworthiness of business-as-usual. Whoever is in power tries to topple whoever isn't.

    It is politics which is sleazy and slimy and harmful for those of us just trying to live.

    yes and some fanboi always feels a need to say "but the other guys do it too!" anytime a specific party is mentioned.

    we get it. you are now vindicated. have been for a long while actually. you can relax now. we know it's not just "your team".

    reminds me of the Coast to Coast show last night. that George Noory guy was talking about how much he loves radio. said he doesn't personally like to be on TV. then he felt compelled to add "but no disrespect is intended there for those who like to be on TV". really? really really? you can't have a personal preference anymore, stated in a non-inflammatory way, without reassuring everyone who doesn't share your preference that they don't need to get offended? i suppose next he can run his preferences by them first to make sure they approve.

    is that where we're at in America, are we really that childish? i say let people get their oversensitive panties in a wad if that's what they want to do. fuck 'em. there is no good reason to coddle and accommodate hypersensitivity. some systematic desensitization is what is needed. fanbois like you aren't helping. you're just validating what's wrong with everyone.

  3. motivations by Hazel+Bergeron · · Score: 5, Insightful

    If you're going to have an open records law then you don't get to make exceptions for political reasons. Otherwise you end up with the inevitable, "It's only OK to request records for a cause advantaging the sufficiently powerful." It's the listener flip side to declaring freedom of speech then listing a million forms of speech which don't really count as speech.

    The role of the professor in open-minded contemplation / testing ideas / free academic discourse / blah is irrelevant. Everyone should be able to engage in all these things, and life would be even worse if only certain classes of people are exempted on account of being allowed to "think more freely" than others, or something.

    This means that any open records law must be limited in application to specific people in specific roles which affect the public: legislative, executive or judicial. In particular, those representatives directly elected or those appointed by such representatives should expect to have all their correspondence scrutinised.

    Exceptions may only exist when the exception is required to protect the well-being of a private citizen, and they must exist for only as long as that protection is required. For example, correspondence relating to a police investigation would not be appropriate to reveal until the investigation and any judicial wheel-turning is complete, but should be available for perusal after that unless certain private witnesses need protecting. If the witness-protection justification is used, it must be well documented so that, after the natural death of the witness (or as appropriate), records can be revealed and our descendants can study our performance and learn from it.

    Remember also that, while today we think that we have an impossible mound of bureauratic record-keeping, in 100 years time computer systems may be able to intelligently search and analyse more text than we have ever created.

    Alas, the most corrupt will communicate off the record anyway.

    1. Re:motivations by OzPeter · · Score: 5, Insightful

      Alas, the most corrupt will communicate off the record anyway.

      This is a key point, as various politicians in recent years have been caught using non official email accounts for their "official" duties.

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    2. Re:motivations by PopeRatzo · · Score: 5, Insightful

      The role of the professor in open-minded contemplation / testing ideas / free academic discourse / blah is irrelevant.

      Actually it's not. The open records law refers to the email of "government officials". A professor, as an employee of the state is not an "official" any more than the janitor. The law is pretty specific about this, actually. The term "government official" has been discussed in court cases and it refers to university administrators but not professors.

      It's harassment pure and simple, but so far everything the Wisconsin GOP has done has blown up in their faces, and it looks like this will, too. They've got to make hay while the sun shines, because recalls are a-coming their way.

      --
      You are welcome on my lawn.
    3. Re:motivations by Antique+Geekmeister · · Score: 3, Interesting

      > Alas, the most corrupt will communicate off the record anyway.

      I'm afraid this is not a reliable assumption. I've seen such correspondence working with business partners, cleaning up after other departing partners. People are quite careless about where they keep their illicit documents, fiscal data, passwords, insider trading communications with people outside the company, and correspondence about job candidate evaluations that violate gender and racial and age bias regulations, etc. I was once asked to help retrieve email messages about an employee seeking an internal transfer, where the manager of the other department actually wrote that they did not want to get stuck with the employee's pension bills when they retired, and couldn't the employee be eased out before then. (After retrieving the email, I brought this to the corporate legal counsel: we cooperated to help educate the HR department that this was going on, that this was illegal, and to explain the costs of throwing out your most experienced people by surprise and leaving them _angry_ at you. The manager got released due to this and other issues, the manager's upset about my "unauthorized access" let the employee know what had happened despite my discretion, we wound up acknowledged by the rank and file of our partner's employees as being on _their_ side, and that transfer worked out very well for our partners and for us working with them.)

      But people engaged in such casual corruption are notoriously careless about their record keeping, and their social correspondence can very much provide links to their activities. It can also lead to that nest of political troublemakers who are engaging in unwelcome but legal activity, such as starting a union, planning a skunkworks project, or are being approached by corporate recruiters. People often don't _plan_ to do illegal things. They do them as part of their ordinary lives, and forget (over time) that this is not acceptable behavior, or come to think of it as "how things are done". That's where an outside partner can be very handy, to help remind both partners of how they _should_ be done for reasons of safety, ethics, and profit.

    4. Re:motivations by Hazel+Bergeron · · Score: 3, Insightful

      Thomas Mann: "Everything is politics."

      To concern yourself with who pays the man is to engage in non-productive bitterness. Have you ever done work for a company which has at any point benefited from a government contract? Have you ever purchased anything from a company which has benefited from a government contract? Then you are benefiting, however indirectly (and all corrupt beneficiaries benefit indirectly), from the taxpayer and all your records should be made public.

      What matters is not who pays him but the power he has. If the government puts him, say, in some sort of policy-making or judicial role then his work clearly becomes that of a government official. If he's just doing research and teaching students then, well, feel free to judge him on that. He, like any government or private employee, will have an opinion on stuff, and his opinion will affect his work. If you want him to hide that opinion then, well, "don't ask don't tell" doesn't work, OK? If you want his opinion not to influence his work inappropriately, that's fine and that's what the university administration (which is a government official role) comes in.

    5. Re:motivations by currently_awake · · Score: 5, Insightful

      And nothing was done, no punishment dished out. I would expect the practice to continue.

    6. Re:motivations by ajs · · Score: 5, Insightful

      If you're going to have an open records law then you don't get to make exceptions for political reasons.

      I don't think that any reasonable rationale for an open records law could possibly justify applying it to a professor who is not otherwise engaged in the mechanism of government. Open records laws exist in order to make transparent the process by which a government governs, and a professor is, by default, not a part of that process.

      The role of the professor in open-minded contemplation / testing ideas / free academic discourse / blah is irrelevant. Everyone should be able to engage in all these things, and life would be even worse if only certain classes of people are exempted on account of being allowed to "think more freely" than others, or something.

      You are missing the point. We don't argue for the exemption of the professor because they should be allowed to think freely. We argue for the exemption because it is their job to think freely. We ask them to explore the body of knowledge and thought that we humans have produced and to distill it for us in the form of research and education. We do not ask them to make laws that bind our citizens. We do not ask them to enact or enforce laws. We do not ask them to adjudicate laws. We do not ask them to carry out any of the roles for which open records laws exist. If the goal of open records laws were to allow us to publicly expose the private communications of everyone who espoused a political thought, then I think we should not limit them to government employees. They should apply universally to every citizen. If that's not the goal, then there's just no justification for this abuse of the system in order to score political points.

    7. Re:motivations by PopeRatzo · · Score: 2

      Ok, so the university lawyer says "request denied, here's the established definition and a list of cases defining it" and case over, yes?

      It looks like that's how it's going to go.

      The professor in question has not claimed "intimidation". I bet he's happy that this story has brought more attention to his NYTimes op-ed piece nationally. From the interviews I've seen and read with him, he's claiming that he's been pretty meticulous about keeping his politics separate from his job, and he doesn't seem to have much of a problem with the open records request beyond the nasty motivation and the hassle it causes the institution.

      It only makes the Wisconsin GOP look even more petty.

      --
      You are welcome on my lawn.
    8. Re:motivations by PopeRatzo · · Score: 2

      So, at the very least, the "professor" violated university policy.

      No, son, he didn't. You're not paying attention. The professor claims that he meticulously kept his political writings separate from his university email.

      He's never said he doesn't want to comply with the Open Records request. Right now, if I understand correctly, the university is fighting it, not the professor.

      Good try, though, caldodge.

      And thank you for the encouragement.

      --
      You are welcome on my lawn.
  4. A political FOIA Request! Stop the presses! by Anonymous Coward · · Score: 2, Insightful

    Almost all open records act requests are political. They're mostly made by organizations with an agenda.

  5. Re:Nothing New Here... by WaywardGeek · · Score: 2

    It is politics which is sleazy and slimy and harmful for those of us just trying to live.

    Especially now days, it has become nearly impossible for government to help solve the many difficult social issues in America. No matter which side tries to take a step forward, the other side will tear it down. I'm hopeful that the recent trend towards social entrepreneurship will help us move forward.

    --
    Celebrate failure, and then learn from it - Nolan Bushnell
  6. Over-reaction by davide+marney · · Score: 3, Insightful

    I don't see anything nefarious about this FOIA request. The author is a public employee, and his emails are public records. Here's the text of the request, in full:

    From: Stephan Thompson [mailto:SThompson@wisgop.org]
    Sent: Thursday, March 17, 2011 2:37 PM
    To: Dowling, John
    Subject: Open Records Request

    Dear Mr. Dowling,

    Under Wisconsin open records law, we are requesting copies of the following items:

    Copies of all emails into and out of Prof. William Cronon’s state email account from January 1, 2011 to present which reference any of the following terms: Republican, Scott Walker, recall, collective bargaining, AFSCME, WEAC, rally, union, Alberta Darling, Randy Hopper, Dan Kapanke, Rob Cowles, Scott Fitzgerald, Sheila Harsdorf, Luther Olsen, Glenn Grothman, Mary Lazich, Jeff Fitzgerald, Marty Beil, or Mary Bell.

    We are making this request under Chapter 19.32 of the Wisconsin state statutes, through the Open Records law. Specifically, we would like to cite the following section of Wis. Stat. 19.32 (2) that defines a public record as “anything recorded or preserved that has been created or is being kept by the agency. This includes tapes, films, charts, photographs, computer printouts, etc.”

    Thank you for your prompt attention, and please make us aware of any costs in advance of preparation of this request.

    Sincerely,

    Stephan Thompson

    If there's anything "chilling" about this request, I sure don't see it. When you write a blog article that is critical of a political party, and get over a half-million hits within days, you should expect a little attention from the people you're poking a stick at.

    --
    "We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
    1. Re:Over-reaction by eggoeater · · Score: 5, Informative

      He is NOT a public employee; he is an employee of a university which (more often than not depending on the state) is a separate legal entity.

      Just because an organization receives government funding does not make them a government agency.
      Also, if what you say were true, then every book written by a professor would be in the public domain.

    2. Re:Over-reaction by Compholio · · Score: 4, Informative

      He is NOT a public employee; he is an employee of a university which (more often than not depending on the state) is a separate legal entity.

      He works for the University of Wisconsin, a public state-owned university. Granted such things can vary by state - but I work for a state university as a graduate research assistant and I know we were warned by legal a while ago that the same thing can happen to us, even as grad students.

  7. Re:Nothing New Here... by PopeRatzo · · Score: 4, Insightful

    The is just as contemptible as the Democrats trying to reinstitute a so-called "Fairness Doctrine" in order to silence Conservatives

    It would be if the Democrats had tried to "reinstitute" the so-called "Fairness Doctrine".

    You have any evidence that they "tried" to do this when they were in power?

    On the one hand you have the Wisconsin GOP actually doing this repressive open records bullying and on the other hand you have this "trying" you speak of that never happened.

    I'm surprised you didn't add "Frst Pst" to your comment.

    --
    You are welcome on my lawn.
  8. Better to keep work life and home life separate by MyNameIsFred · · Score: 4, Interesting

    A lesson that I learned a long time ago, keep your work life and home life separate. The attorneys for your workplace will have the company's interest at heart, not yours. Our company has a fairly liberal computer policy. You can use workplace computers for personal use as long as it does not interfere with work or break any laws. Nonetheless, in our ethics training, it was pointed out that if the company is sued, they may be required to give my computer to the other side. And they will. And anything private on it is open to discovery. They advised keep work and home separate. So I have separate email accounts, separate computers, etc. Never let the two mix.

    1. Re:Better to keep work life and home life separate by dkleinsc · · Score: 5, Insightful

      Professor Cronon did just that. It's not his personal correspondence that's at stake here.

      His problem with the request is twofold:
      1. It was clearly done in retaliation for his writing about the American Legislative Exchange Council, since what the request is looking for is information that could be taken out of context to portray him as a left-wing nutcase on the payroll of the unions that are opposing Scott Walker. He's not at all keen on attempts to create a chilling effect on free speech.

      2. Much of his professional correspondence is expected to be confidential, such as conversations with students, working with colleagues on peer reviews of not-yet-published material, or work on the boards of professional organizations he belongs to. If he were working for a private company, he'd have confidentiality and trade secret laws to help protect that stuff.

      --
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  9. Re:Nothing New Here... by c0lo · · Score: 5, Informative

    The FOI is perfectly legal,

    Except the cases in which is illegal.
    TFA:

    Let me offer just a few concrete examples.

    A number of the emails caught in the net of Mr. Thompson’s open records request are messages between myself and my students. All thus fall within the purview of the Family Educational Right to Privacy Act (FERPA, sometimes known as the “Buckley Amendment,” named for its author Senator James Buckley—the brother of conservative intellectual William F. Buckley). The Buckley Amendment makes it illegal for colleges or universities to release student records without the permission of those students, [...]

    Many more of the emails that would be released under this open records request are communications with colleagues of mine at other institutions about various matters that have nothing whatsoever to do with Wisconsin politics or the official business of the University of Wisconsin-Madison—but they do involve academic work that typically assumes a significant degree of privacy and confidentiality. [...]The emails include, for instance, conversations with authors and editors about book manuscripts, and also the deliberations of two professional boards on which I sit, the Organization of American Historians (OAH) and the American Historical Association (AHA), the latter of which I now serve as President-Elect. Online email exchanges among members of these boards are expected to be confidential, so that all of us are admonished not to share each other’s emails lest doing so discourage colleagues from being candid in sharing their views.

    --
    Questions raise, answers kill. Raise questions to stay alive.
  10. Over-reaction? Over-reach, rather. by c0lo · · Score: 4, Informative

    If there's anything "chilling" about this request, I sure don't see it. When you write a blog article that is critical of a political party, and get over a half-million hits within days, you should expect a little attention from the people you're poking a stick at.

    A little attention would have been good. Seems rather a case of huge attention and too small of a care

    TFA:

    A number of the emails caught in the net of Mr. Thompson’s open records request are messages between myself and my students. All thus fall within the purview of the Family Educational Right to Privacy Act (FERPA, sometimes known as the “Buckley Amendment,” named for its author Senator James Buckley—the brother of conservative intellectual William F. Buckley). The Buckley Amendment makes it illegal for colleges or universities to release student records without the permission of those students, [...]

    --
    Questions raise, answers kill. Raise questions to stay alive.
    1. Re:Over-reaction? Over-reach, rather. by hedwards · · Score: 2

      The problem is that it's expensive and time consuming somebody has to go through those emails and determine which ones are subject to disclosure and which ones aren't. The students themselves are not in a position to be able to defend themselves if the determination is made to release them and unless they can charge the person requesting the records for the legal review, it ends up serving as a significant disincentive to engage in free speech practices.

      And as has been mentioned already, this is a professor, not an administrator, he's not supposed to be subject to FOIA requests.

  11. Re:Nothing New Here... by hey! · · Score: 5, Insightful

    Er... The media is supposed to be liberal, isn't it? So the fairness doctrine, rather than silencing conservatives, should ensure they have a voice in the public debate, despite the media's liberal bias.

    I remember the post-Vietnam era when "conservative" was a dirty word. Broadcasters, whatever their political position, didn't want to present unpopular positions associated with Vietnam and Watergate, so the only place you heard conservatives was on fairness doctrine mandated segments. I remember a number of local conservative radio personalities that I first heard giving their opinions in one of those times set aside for crackpots under the fairness doctrine. These segments were pretty amateurish affairs; the stations didn't have to help these guys with production values, but these guys learned. The fairness launched some conservative media careers that later proved to be influential.

    Having to present opposing opinions doesn't mean you are silenced, unless your position is so weak that merely hearing an opposing viewpoint will obliterate it in your audience's mind. In the old days in which conservatives had to scrape fairness doctrine time to be heard, they didn't get anything like parity in time; they just got a few minutes now and then preceded by a disclaimer that the station had nothing to do with this nut. The fairness doctrine didn't sweep away the editorial power of the stations. It did keep opposition to the public's prevailing political mood alive.

    Conservatives have done very well by the fairness doctrine, but now that the shoe is on the other foot they've discovered a whole new set of libertarian principles they didn't have when they needed the fairness doctrine to keep their viewpoint from being silenced.

    --
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  12. Re:Nothing New Here... by Anonymous Coward · · Score: 4, Insightful

    But conservatives dominate the mass media, so the socalled effort by dems to demand fairness is nothing but more right wing BS

    Look at , say, Charlie Rose: as R Nader recently posted on www.commondreams.org, a majority of Rose's guests are right of center corporate spokespeople.

    Look at , say, the N Y Times: it acted as a cheerleader in the lies leading up to the Iraq ware (I think lies is an accurate word here)

    Look at how, say the leaders of BofAmerica, Goldman or Citi are portrayed in the media: are they protrayed as crimminals, who ran vast fradulent enterprises (yes, crimminally negligent loan practices) or are they portrayed, say by Obama, as people deserving of their salarys ?

    The truth is that radical conservatives, backed by a handfull of ultra wealthy people (Kochs, Murdoch) dominate nearly everything in this country except universitys and unions; thats why the right is so bent on destroying tenure and collective bargining - it is the one area that is still outside their control.

    And I think "radical conservative" is fair, because, by definition, something that is to the right of what a majority of people in this country think is rightwing; say the union thing in WI; a majority of Americans are opposed; if this were not driven by Koch like money, it would never have got as far as it has

  13. Re:Nothing New Here... by JLavezzo · · Score: 2

    > is that where we're at [as humanity], are we really that childish?
    Yes. Pretty much always been this way. A few people manage to grow up and are often the ones involved in public discourse. The Enlightenment was a particularly successful period of time where enough adults got together to come up with some great new ideas.

  14. Re:Nothing New Here... by Attila+Dimedici · · Score: 5, Insightful

    I think the proper comparison is to the letters that the police and fire fighters' unions sent to business that contributed to Governor Walker's campaign in last year's election that contained veiled threats if those businesses failed to publicly express opposition to the budget bill that Wisconsin just passed. There is also the cases of Democratic Party affiliated groups using the open records laws to gather the information of people who signed petitions for referendum they opposed and then protesting at those individual's businesses and/or place of employment.
    I find it interesting that until the Republican Party starts to use Open Records laws in this way, no one expresses much concern over Democratic Party affiliated groups doing the same thing.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  15. Re:Nothing New Here... by sycodon · · Score: 2, Informative

    It wouldn't be "illegal". It just wouldn't apply in the case where communications are protected by other statutes.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  16. The real impact will be financial by Alain+Williams · · Score: 2

    There is a lot of time and effort that goes into fulfilling one of these Open Records requests, someone has to pay for it. I suspect that the vice chancellor of the university will have a little chat Professor Bill Cronon telling him what it cost and suggesting that he doesn't cause such an expense again or else ....

  17. Thank Scientology by Timtimes · · Score: 4, Interesting

    Looks like the professor has been label as an SP (suppressive person), and anything done to ruin him is considered "fair game". Enjoy.

    --
    This ain't no upwardly mobile freeway This is the road to hell
  18. Email Privacy by Bob9113 · · Score: 3, Interesting

    One of the common mistakes at the heart of the matter:

    "they do involve academic work that typically assumes a significant degree of privacy and confidentiality."

    It strikes me nearly as tragedy that so many people see email as private and confidential. SMTP is unencrypted, most cloud services (gmail, hotmail, etc) are automatically reading every email that hits them, and I suspect the federal government either already has or soon will kick email out of the ever narrower sphere of "reasonable expectation of privacy" -- leaving it unprotected by the term "unreasonable" in The Fourth.

    We (geeks, hackers, etc) did not make it easy enough for the plebs to encrypt their email, and did not make it common practice to do so. Now everybody uses postcards, even for their most intimate communications, and powerful entities get to read whatever they want.

    Scarier: Give it a few more years, and I'd wager using encrypted communications will become reasonable cause for search and seizure, or used like removing the battery in a cell phone has been in court cases -- as evidence of foul intent. They won't have taken the freedoms of speech and association, we will have given them away.

    1. Re:Email Privacy by winwar · · Score: 2

      "It strikes me nearly as tragedy that so many people see email as private and confidential."

      And one of the common mistakes that technical people seem to make is that they assume that technical issues have anything to do with the law. Email is private and confidential because the law says it is when it covers certain issues. Not because of the technology. Encrypted data is still subject to FOIA requests and court orders.

      In any case, I do not understand why anyone thinks that encryption somehow magically makes email private and/or confidential. Unless you lose the key. Once somebody can read it, all bets are off. The only question is what the penalties are for violating the privacy or confidentiality of the data. That's why the law is far more important than the technology.

  19. Scary by node_chomsky · · Score: 5, Insightful

    Apparently the new 'in' thing for fascists is to use the freedom of information act to obtain emails sent by their critics about them. Apparently, academic freedom seems to be dissolving. I don't understand how the freedom of information act can be used to invade the private transactions of professors, but it has happened several times over the last year or so, and has been entirely perpetrated by the increasingly more rabid conservative undertow in this nation, not all conservatives, but a specific group of highly politically (as opposed to socially or morally) motivated people. I had the displeasure of hearing what conservative talk radio sounds like these days while I was driving through the highly conservative '3-corners' region of Missouri (i.e. Limbaugh's homeland), and it is astoundingly racial charged and disturbingly desperate and angry. These people are truly scary, and we really should keep our eyes peeled (as intelligent and reasonable people) for the horrible emerging attitudes in this country. If you asked an average German citizen about their attitudes on putting Jewish people in ovens in 1938, it is likely they would think you were crazy. And if you asked them what National Socialism meant, they would say it had something to do with purity and sexual abstinence, the words like 'Jew' or 'camp' likely would have never come up. No to compare these people to Nazi's, but it illustrates how quickly the most infamous act of hatred in human history can emerge from the consent of a naive population. I guess, ultimately, I am trying to say, that it is our job as being vigilant and morally informed people to see things like McCarthyism and National Socialism before it becomes a problem.

  20. For the love of god, mod the parent UP! by KingSkippus · · Score: 5, Insightful

    The only people I've ever heard talk about reinstituting the Fairness Doctrine are Republicans and their shills. It's especially been a talk radio talking point, and used repeatedly as a scaremongering tactic. I listen to Neal Boortz now and then, and I've heard him constantly harping on how Democrats want to shut down talk radio. The only problem is, I never hear any Democrats actually try to shut down talk radio. It's just a fabrication, another conservative scaremongering tactic just like all the others.

    It's simply not true. I'm about as liberal as they come, and I have exactly zero interest in shutting down or changing talk radio. I mean, sure, some liberal out there has probably mentioned the Fairness Doctrine at some point, but I'm pretty liberal myself and I have exactly zero interest in pushing any kind of law to change or shut down talk radio and I don't know of anyone who does. This clatter all probably rose because someone made an offhand comment, and conservatives saw a chance to jump in and try to scare the bejesus out of everyone, thinking that the big, bad liberals are trying to take away the First Amendment or some crap.

    I normally don't post "Mod parent UP!" posts, but damn, what a day not to have mod points of my own. :( I'd also mod the OP down. "Insightful?" Politics sometimes being sleazy isn't particularly insightful, and the claim that Democrats tried to reinstitute the Fairness Doctrine is an outright lie.

    1. Re:For the love of god, mod the parent UP! by gd2shoe · · Score: 3, Informative

      It's simply not true. I'm about as liberal as they come, and I have exactly zero interest in shutting down or changing talk radio.

      If you can't tell the difference between yourself, and them, you're in real trouble. Most of them are simply power hungry. (Most Republicans too, mind you.)

      Democrats really did float the Fairness doctrine a few years back, but I don't think they actually tried to legislate it. The Republicans and talk radio got all up in a huff, though. Now bleeding hearts want to rewrite history. The evil nasty fairness doctrine? We didn't bring it up...

      WALLACE: So would you revive the fairness doctrine?

      FEINSTEIN: Well, I'm looking at it, as a matter of fact, Chris, because I think there ought to be an opportunity to present the other side. And unfortunately, talk radio is overwhelmingly one way.

      http://www.foxnews.com/story/0,2933,286442,00.html#ixzz1HoR5lXx1
      (Yeah, it's fox. It's also a direct quote.)

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    2. Re:For the love of god, mod the parent UP! by jmac_the_man · · Score: 2

      For additional backup to this point, here's a video of Chuck Schumer calling for the Fairness Doctrine.

  21. Re:Nothing New Here... by Hartree · · Score: 2, Insightful

    "yes and some fanboi always feels a need to say "but the other guys do it too!" anytime a specific party is mentioned."

    And whenever someone posts something pointing out the people you agree with do it too, just label them as a partisan "fanboi" and it makes it all okay.

    If they really are against you, it helps neutralize their argument in the eyes of those on the fence. If they mostly agree with you, but aren't being sufficiently strident, it may well get them to go back to being more polarized to counter you. So, it's a win in either case.

    Oh, and post as an AC so it's hard to link any other views to you. It lets you feign neutrality in the post. And if anyone mentions it, just say it's to keep from being harrassed.

    "fanbois like you aren't helping."

    Look in the mirror.

  22. Wow by benjfowler · · Score: 3, Interesting

    We've all of a sudden, had a lot of high-numbered Slashdot users appear with well-written, slick conservative opinions.

    This doesn't seem right -- if anything Slashdot tends to libertarianism with a smattering of liberals.

    Are we being subjected to some kind of conservative dirty trick -- or is it merely rutting season for right wing retards?

    1. Re:Wow by Viperpete · · Score: 2

      I have mod points and was interested in your comment. Having looked over all the comments and UIDs, I must say you are factually incorrect. At the time of the writing of this post, I only found 1 registered commenter with 3 comments with a UID greater than 2 million.

      I am no right wing apologist and believe my comment history will speak for itself.

      --
      loose: not fitting closely or tightly != lose: to suffer the deprivation of
    2. Re:Wow by drsmack1 · · Score: 2

      Sounds like you are looking for a way to avoid scrutiny - so easy to label those who disagree, eh?

  23. Re:Nothing New Here... by Brett+Buck · · Score: 2

    I *don't want* government to try to solve difficult social issues.

  24. Re:Nothing New Here... by cowboy76Spain · · Score: 2

    I think Stalin would consider you a bit too far left.

    Yes, Stalin killed a lot of people that tried to stick to the ideals of the Russian Revolution and not to submit to him. Extra points if they had political influence (he killed most of the top members of the CP from the Lenin era.

    So, what was your point?

    --
    Why can't /. have a rich-text editor? Editing your own HTML is so XXth century.
  25. why? by grrrgrrr · · Score: 2

    If the Egyptian people can get rid of Mubarak why can't the American people get rid of the republican party?

  26. Re:Nothing New Here... by ukemike · · Score: 2

    If these businesses really did get threatening letters they should take those letters to the police. If it turns out that the unions were doing this on an organized level it could potentially become a racketeering case, and would unquestionably be a serious crime. Well I suppose if the threat were "we aren't going to shop there" it wouldn't be a crime so I suppose the nature of the threat is key.

    Here's the thing though, political contributions and signing electoral petitions are inherently public acts. It has to be that way in a democracy. In the California Prop 8 case no one was threatened with anything but a boycott. In that case it was entirely appropriate. If you ran a market in a predominantly black town and you made contributions to a campaign to reverse the 14th amendment it would be entirely appropriate for your neighbors to choose to boycott your shop. That is exactly what happened here. Yours is a very poor comparison, emails sent or received by a public employee are not typically subject to open document laws. Professors don't make public policy. Emails are not public documents like political contributions or signing petitions.

    I can think of one excellent precedent to this kind of harassment. Last year the Attn. General in Virginia used open document laws to harass a climate scientist. Oh but that example wouldn't serve to illustrate your point, which as far as I could gather was, it's okay because those guys DID IT FIRST!!!

    "Mom Susie hit me!"
    "But he hit me first!!"
    "Nu uh!"
    "Uh huh!"

    --
    -- QED
  27. I really hate to give the comparasion. by Truekaiser · · Score: 2

    But as a reader of history myself i can't help but draw parallels to other states in the past that have gone from less authoritarian regimes that are for the majority of the country to more authoritarian regimes that only benefit a select few at the expense of everyone else. Specifically the days and years before a state goes from a superficial multi-party state to a authoritarian dictatorship backed by a official party that outlawed all others. I am avoiding naming examples because if you take away the inflammatory names and the associated propaganda taught as fact about them you will realize underneath they both are the same.

    I hazard a guess that if nothing external to the united states acts to change the situation. wither it be economical or geological or a combination of both, that in the next decade to decade to decade and a half the united states will shed what ever thin dressing of democracy that the current state of the democratic republic has in favor of a more authoritarian rule by a single party who seems organized to that very goal in mind. Frankly I view this as a fatal flaw in democracy in general, It seems to tolerate the existence of the very forces that seek it's destruction and then promotes that as a virtue worthy of praise like a smoker downing a pack a day and proud of it because it's their choice. It also brings into focus that the historical democracy's, even though they share the name only between them, were themselves temporary and led to the exact same ending. It's like the old saying, the best government is a good king, and the worst government is a bad king.

    Last minute addition:
    to RogueWarrior65. Scroll down to the bottom of the guy's blog post. He has a section with the word 'bibliography' in the title. Everything listed under it is where he got the information in his post.

  28. Re:Nothing New Here... by bzipitidoo · · Score: 4, Interesting

    The Republicans have yet to figure out how to reach the younger demographic of net users

    That's a symptom of the main problem, which is this distressing anti intellectual, anti science attitude that the Republican Party has embraced.

    They won't inquire into the facts of matters. They won't listen to anyone who has, preferring instead to make accusations of bias, ulterior motives, corruption, and lack of patriotism when they can't simply ignore the pesky researchers. They shape policy in deliberate ignorance. They act as if science is a big hoax, a diabolically clever machine for manufacturing rationales and manipulating the public. They set up their own institutes to manufacture rationales they like, and think that is science, that they're just doing the same thing that the other guys do. The manipulators among them think Big Tobacco's "Doubt is our product" campaign against the dangers of smoking is a great model to follow, and the idiots are only too happy to embrace the conclusions uncritically. Scary.

    In case you think that does not matter, that it all works out, consider the biggest blunder in recent times. I refer to the accusation that Iraq had WMDs. That was the excuse for the Iraq War, and it turned out to be wrong. The costs are more than money, which is itself extremely large, estimated to be at a minimum a staggering $3 trillion. The West lost a lot of credibility, strained a lot of friendships. All that isn't enough to bring us down, nowhere close, but we can't keep making mistakes like that. The Republicans are supposed to be the party of fiscal prudence, but when they were in power, they couldn't abandon fiscal sanity fast enough. This sudden new concern the Republicans have for the budget, after that financial disaster (note that it's far more than the bailout), looks like empty posturing, deserving of the most cynical view possible. Do the Republicans have any principles left, or have they sunk to the party of Greed and Ignorance?

    The Democrats, despite their many faults (such as supporting ACTA), have seldom interfered with scientists.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  29. Re:Nothing New Here... by Opportunist · · Score: 2

    The problem most Republican ideas face with the internet is that it has become trivially easy to reply and answer to it. Most ideas Republicans push forwards look really good on paper, as long as you only hear one side of the tale. And that just doesn't work well in a medium that can (and does) transport all viewpoints if you bother to look. And, well, people using the internet can and do look.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  30. Re:Nothing New Here... by cbiltcliffe · · Score: 2

    And whenever someone posts something pointing out the people you agree with do it too, just label them as a partisan "fanboi" and it makes it all okay.

    I don't agree with any of them. They're all assholes.

    Does that mean I have the right to call any political party supporter a fanboi? After all, I'm not being a hypocrite if I do.....

    --
    "City hall" in German is "Rathaus" Kinda explains a few things......
  31. Where's the TRIED, fuckwits. by Uberbah · · Score: 3, Informative

    Democrats really did float the Fairness doctrine a few years back

    Only if you also run around claiming that the Republicans have floated a return to the Gold Standard because a Republican in the House talks about it.

    When has Obama tried reinstating the FD.

    When Speaker Pelosi try to reinstate the FD.

    When did Majority Leader Reid try to reinstate the FD.

    When have any Democratic-controlled committees tried to reinstate the FD.

  32. Re:Nothing New Here... by PopeRatzo · · Score: 2

    video of Senator Chuck Schumer, D-NY, publicly calling to institute the Fairness Doctrine. It also includes PopeRatzo acting like an idiot disconnected from reality.

    But the GP here said "...the Democrats trying to reinstitute the so-called "Fairness Doctrine""

    Let me ask you, jmac_the_man, would it be accurate to say that "The Republicans tried to impeach President Obama"? Now, there have been Republican members of congress mentioning impeachment, saying they're "looking into" impeachment hearings, being in favor of impeachment hearings, and even one especially loony member from Minnesota actually calling for impeachment. But would it be accurate to say "The Republicans tried to impeach Obama"?

    Of course not. They way you try to impeach a president is by having impeachment hearings. That would be how you "try to impeach Obama".

    It is also inaccurate to say that "the Democrats tried to reinstitute the Fairness Doctrine".

    Do you see the important distinction here? Does your "connection" to "reality" allow you to grasp this?

    --
    You are welcome on my lawn.
  33. Re:Nothing New Here... by hsthompson69 · · Score: 2

    Mod parent up. Even if we did agree on what the issues were, and even if we did agree on what the best course of action for these issues was, doesn't mean we would agree that government is the institution to tackle it.

  34. Re:Nothing New Here... by hsthompson69 · · Score: 2, Informative

    Umm, Climategate anyone? Or George McGovern's misguided advice on nutrition, which led to our low-fat/low calorie diet regime and USDA food recommendations that have increased carbohydrate consumption and chronic diseases like obesity, diabetes, cancer, and heart disease?

    The Democrats have *always* been interfering with science, because any government intervention into science is by its very definition interference. Imagining the Republicans as "anti-science" and "anti-intellectual", and the Democrats as somehow "pro-science" and "pro-intellectual" is just as bad as stereotyping Democrats as the founders of the KKK, and Republicans as "the party of Lincoln". Both parties suck, and the naive belief that either of them is a "good guy" or "bad guy" fails to recognize what they really are -> politicians who will do anything to get elected again, with electoral bases that are biased, ugly and brutish.

    That all being said, when you want to talk about a "big hoax", show me your falsifiable theory before asserting that the "science is settled."

  35. Re:Nothing New Here... by nomadic · · Score: 2

    Umm, Climategate anyone?

    Yes, all those Democrats in England.

  36. Re:Nothing New Here... by hsthompson69 · · Score: 2

    Isn't that a problem with Democrat ideas too?

    There are certainly social issues where I'll align Democrat, and fiscal issues where I'll align Republican, but pretending, even for a moment, that you can take an idea, label it "Democrat" or "Republican", and somehow know *anything* useful about it without diving deeper, is an abdication of intellectual responsibility. In short:

    Republicans: wrong on gay marriage
    Democrats: wrong on natural climate change
    Republicans: wrong on separation of church and state
    Democrats: wrong on affirmative action and civil rights
    Republicans: wrong on abortion
    Democrats: wrong on supporting public unions
    Republicans: wrong on the War on Drugs
    Democrats: wrong on 2nd amendment rights

    I'm sure the list could go on, and my particular flavor will find more "wrongs" on the Democrat side. Other's mileage may vary. The important thing to note though, is the *ideas* matter, not the parties.

  37. Re:Nothing New Here... by Artifakt · · Score: 2

    If we can go by any time some politician makes a public suggestion or mutters some trial balloon at a public speaking engagement, the Republicans are making efforts to abolish Social Security, invade North Korea, China, Russia (not the former Soviet Union, modern Russia), every single Arab nation, and Venezuela. There have been Republican candidates publicly calling for lynching the entire staff of National Public radio, putting us back on the Gold standard, repealing the 14th amendment, and killing any woman who gets an abortion. Judged by the same standard you insist is fair, all those are attempts to pass legislation. You've just made a pretty good argument that the Republicans are a bunch of psychopathic lying traitors to the entire USA. Here I thought that was just some isolated remarks and we shouldn't judge a vast political organisation by a few outlying comments mostly coming from junior members on non-politician radio show hosts. Nope, you've convinced me, you all are a bunch of extremely dangerous pathological traitors, liars and murderers and the sane portion of the human race must defend themselves against your plans for triggering nuclear armaggeddon and holy war. I'm sure you've convinced many other people here today with the brilliance of your argument.

    --
    Who is John Cabal?
  38. Re:Nothing New Here... by hsthompson69 · · Score: 2

    Actually, it did make headlines in conservative circles ->

    http://blogs.telegraph.co.uk/news/geraldwarner/100043200/third-climategate-report-imminent-expect-a-shortage-of-whitewash-in-stores-this-weekend/

    BTW, did you *read* any of the whitewashes? Here's a decent guide to the detailed problems with them - feel free to expound on any details you happen to disagree with:

    http://wattsupwiththat.com/2010/09/15/mckitrick-understanding-the-climategate-inquiries/

  39. Re:Nothing New Here... by mbkennel · · Score: 2

    "Umm, Climategate anyone?"

    Yes. In truth, over multiple investigations there has been no evidence of any actual scientific fraud.

    It is as if, say, Nixon never ordered any breakin to the DNC, no staffer had any cover up, there was no 'enemies list', and after review of all the recordings (which had no excluded section) the only thing possibly 'scandalous' was frustrations at the Washington Post for lying and distorting everything they said.

    "The Democrats have *always* been interfering with science, because any government intervention into science is by its very definition interference."

    Any intervention by humans is by defnition interference. Clearly science should be performed by incorporeal angels.

    " Imagining the Republicans as "anti-science" and "anti-intellectual", and the Democrats as somehow "pro-science" and "pro-intellectual" is just as bad as stereotyping Democrats as the founders of the KKK, and Republicans as "the party of Lincoln". Both parties suck, and the naive belief that either of them is a "good guy" or "bad guy" fails to recognize what they really are -> politicians who will do anything to get elected again, with electoral bases that are biased, ugly and brutish."

    In practice, in recent years, the powerful politicians who have been railing at and acting against standard science have been virtually all Republican. This was not previously the case (say before 1994), when neither side did this.