A Court Gets it Right

This time a State Supreme Court, in particular, Wisconsin’s. Recall that some rogue Democratic Party prosecutors in Wisconsin have been persecuting a number of Wisconsin citizens for the dastardly crime of supporting Scott Walker. Recall further, that the law under which this victims were being persecuted was claimed by those prosecutors as allowing them to silence their victims, even to the point of preventing those victims from speaking publicly about their persecution. Hence the term “John Doe statute.”

The Wisconsin Supreme Court took a dim view of such…shenanigans. Last part first: the Court ruled that the prosecutors must

cease all activities related to the investigation, return all property seized in the investigation from any individual or organization and permanently destroy all copies of information and other materials obtained through the investigation.

If it had been me, I’d have required the prosecutors to post a substantial all cash bond against their performance of this requirement, and for 10 years thereafter against their continued performance, but I’ll take this. Still, I’d like the bond in light of the Court’s evident disdain for the prosecutor’s behavior:

…the special prosecutor relies upon, leads us to the unsettling conclusion that it is left to government bureaucrats and/or individual prosecutors to determine how much coordination between campaign committees and independent groups is “too much” coordination. In essence, under his theory, every candidate, in every campaign in which an issue advocacy group participates, would get their own John Doe proceeding and their own special prosecutor to determine the extent of any coordination. This is not, and cannot, be the law in a democracy…

The special prosecutor has disregarded the vital principle that in our nation and our state political speech is a fundamental right and is afforded the highest level of protection. The special prosecutor’s theories…would assure that such political speech will be investigated with paramilitary-style home invasions conducted in the pre-dawn hours and then prosecuted and punished. In short, the special prosecutor completely ignores the command that, when seeking to regulate issue advocacy groups, such regulation must be done with “narrow specificity.”

And

It is utterly clear that the special prosecutor has employed theories of law that do not exist in order to investigate citizens who were wholly innocent of any wrongdoing. In other words, the special prosecutor was the instigator of a “perfect storm” of wrongs that was visited upon the innocent Unnamed Movants and those who dared to associate with them.

Another problem, though, is that this disregard for the law and for the speech of others isn’t limited to the Wisconsin branch of the Democratic Party.

The Court’s decision can be seen here.

Murder Free Zones?

Does Portland State University disagree with the concept of murder free zones?

It seems that a couple of students at PSU wanted to “set up a table on campus” to advocate for the school becoming a Murder Free Zone. The school said, “No, probably not.”

The school insisted that the students hosting the table would themselves become targets of violence: their advocacy of murder free-ness would be “triggering,” it would incite overt violence; the school even suggested that if the thing went forward, the students should have campus security be present to quell any violence that might be triggered.

No, PSU doesn’t disagree with being murder free. That school’s administration was simply satirizing the whole question of gun/murder/anything “free zones.”

Weren’t they?

Justice Anthony Kennedy’s Free Speech

Not directly, because this Oregon law predates Kennedy’s Obergefell ruling, but this is the inevitable outcome of his ruling on free speech.

Aaron and Melissa Klein, bakers who refused to make a cake for a same-sex wedding, lost in an Oregon court and have been ordered to pay $135,000 in “emotional damages” to the couple for whom they refused the baking. Administrative Law Judge Alan McCullough, who found for the victimhood couple, ordered the fine, but nothing further.

However, Brad Avakian, Oregon’s Labor Commissioner and Политический Руководитель, and for whom this Administrative Judge works, overruled the omission. On hearing that the Kleins had assured Oregonians in an interview with the Family Research Council that they intended to pursue the matter, he ordered them to speak no further. He gagged them.

So much for freedom of speech in Oregon. So much for freedom of religion in Oregon. Look for this sort of thing to accelerate in the wake of Kennedy’s ruling.

Couple Thoughts about Academic Censorship

The American Association of University Professors has decided to censure the University of Illinois because the school decided to withdraw it offer of employment to a “professor” who went off on an anti-Israel tirade on Twitter.

First thought: U of I Chancellor Phyllis Wise is taking the AAUP’s censorship seriously. Why? The man objected, loudly and vociferously, to Israel’s defending itself against the Palestinian Authority’s terror war that it launched from Gaza.

Second thought: the censure was done by voice vote. It was carefully anonymous. How can any action by a body like this be taken seriously by a body like a university when the voters are so timid or so ashamed of their votes that they avoid being on the record with their vote?

Third thought: Anita Levy, Associate Secretary for the AAUP’s Department of Academic Freedom, Tenure, & Governance said that U of I’s decision

violated Professor [Steven] Salaita’s [the professor in question] academic freedom and cast a pall of uncertainty over the degree to which academic freedom is understood and respected[.]

This is facially untrue. Salaita’s rants cast a pall over his own ability to respect the academic freedom of his peers and more importantly, of his students, and to teach and to grade in an objective manner. By withdrawing their offer of employment, the U of I was acting to preserve true academic freedom, not the freedom to behave in the manner selected academics deem appropriate.

Russia’s New Gulag

…is on the verge of becoming the whole nation.

Russia’s media watchdog [Roskomnadzor, a government agency] has written to Google, Twitter and Facebook warning them against violating Russian Internet laws and a spokesman said on Thursday they risk being blocked if they do not comply with the rules.

Carefully crafted rules: the three companies encrypt their transmissions, which means the Russian government can’t tell who’s saying all those nasty things about Putin and his fellows in that government.

To comply with the law, the three firms must hand over data on Russian bloggers with more than 3,000 readers per day, and take down websites that Roskomnadzor sees as containing calls for “unsanctioned protests and unrest[.]”

This is “free” speech and rule by law in action, Russian style.