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Monday, February 28, 2011

I talk with Tim Noah about the Wisconsin protests and a few other things.



ADDED: Meade makes an accidental appearance a little after 41:00, and I cover him up with a sheet of paper.

At the Protest Café...

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... come on, you can laugh a little.

Negotiate!

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The sunglasses.

Protesters at the Wisconsin Capitol — midday today — dealing with the fact that, at long last, they've been locked out.

Video by Meade, edited by me:



0:01 — an incomprehensible sign — "Ethics trumps 'values' — taped to the "Forward" statue.
0:40 — police food
0:49 — a 91-year-old woman in a wheelchair wants to kick Scott Walker's butt
1:13 — a woman asks to get in to talk to her representative
2:21 — a cop who was sent down from "north of Eau Claire" on his day off
3:25 — a "legal observer" who flew in from D.C. explains his function
5:02 — the protest has an "honor guard" — firefighters — and the crowd chants "let them in
6:17 — listen closely for "I lost a nut"
6:35 — Meade and I got a kick out of the reactions of that one firefighter
6:55 — one speaker edges toward incitement and back again
7:35 — "It's the chanting that shows how powerful we are in our voices."
8:23 — "Does anybody have a great idea?"
8:50 — I think he's told to tone it down
9:50 — a new chant

Jane Russell...

... has died, at the age of 89. I love her in "Gentlemen Prefer Blondes," and I'm choosing, for this tribute, the courtroom scene — in which she's impersonating Marilyn Monroe (for some elaborate reason). Her testimony includes physical evidence:

"The administration of Gov. Scott Walker abruptly locked out protesters from the Capitol on Monday morning..."

The NYT reports:
About 60 demonstrators who had slept in the statehouse overnight remained inside as of noon Monday, and they banged drums, sang and danced in the rotunda. They had access to restrooms and, given the dwindling size of the group, appeared to have a decent supply of food. There was no indication that the police were preparing to arrest or eject them, and several said in interviews that they had no intention of leaving.
Meade saw this in person today, took video which we'll have later, and will describe what he saw in the comments to this post.

It seems to me that the governor figured out a way to gradually and undramatically end the occupation of the Capitol.

SNOWLIDARITY!

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(At the Wisconsin Capitol today.)

"Now they have one day to return to work before the state loses out on the chance to refinance debt, saving taxpayers $165 million this fiscal year."

Walker to the self-exiled Democrats.

"She was the most erotic thing I’d ever seen. She was fair skinned and golden haired, full-blood Italian. The air was suddenly filled with banana leaves."

"We started talking and my head started to spin. Cupid’s arrow had whistled past my ears before, but this time it hit me in the heart and the weight of it dragged me overboard."

Suze Rotolo has died.

"As time thinned the ranks of those long-ago U.S. veterans, the nation hardly noticed them vanishing, until the roster dwindled to one ex-soldier..."

Frank W. Buckles, the last American WWI veteran, has died at the age of 110. He "was born by lantern light in a Missouri farmhouse, quit school at 16 and bluffed his way into the Army."

"The fundamental theory of liberty... excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only."

"The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations."

Pierce v. Society of Sisters (1925).

That's a quote that always jumps out at my when I start into the right of privacy materials in Constitutional Law II, which is what I'm doing this afternoon. The state of Oregon required parents to send their children to public school, and the Supreme Court said they had a substantive due process right to pick private school.

What one Wisconsin legislator said to another after the budget vote: "You are f*cking dead."

Gordon Hintz (D) said it to Michelle Litjens (R).

(Via Alex, who notes the lack of press coverage.)

"U. of Wisconsin-Madison's Chancellor Defends Proposed Separation From System."

From the Chronicle of Higher Education:
In what many had predicted would be a contentious meeting of the system's Board of Regents, Carolyn A. (Biddy) Martin defended her support for a plan that would break the Madison campus away from the rest of the Wisconsin system, creating a new governing board and granting the flagship unique flexibility. The plan is expected to be part of a budget proposal Gov. Scott Walker, a Republican, is set to unveil next week.

As currently understood, the proposal "would mean an extraordinary opportunity to combine self-reliance and oversight in a way that permits us to survive, even in the face of deep cuts," Ms. Martin told the regents, who called a special four-hour meeting to discuss the implications of Madison's potential separation.
Gov. Scott Walker... a Republican!

The Supreme Court rejects an assertion of a right under the Confrontation Clause — and the 2 dissenters are Ginsburg... and Scalia.

This was a case about the "excited utterances" exception to the hearsay rule of evidence. Richard Bryant, convicted of second degree murder, was identified in a statement made to the police. Justice Scalia writes:
The Framers could not have envisioned such a hollow constitutional guarantee. No framing-era confrontation case that I know of, neither here nor in England, took such an enfeebled view of the right to confrontation....

Judicial decisions, like the Constitution itself, are nothing more than "parchment barriers," 5 Writings of James Madison 269, 272 (G. Hunt ed. 1901). Both depend on a judicial culture that understands its constitutionally assigned role, has the courage to persist in that role when it means announcing unpopular decisions, and has the modesty to persist when it produces results that go against the judges' policy preferences. Today's opinion falls far short of living up to that obligation — short on the facts, and short on the law.

Erwin Chemerinsky says those other law schools are "remarkably resistant to change."

It's the Dean of the new UC-Irvine Law School, speaking at a "Future of Legal Education" symposium:
One reason schools are sticking with a familiar playbook: "It's a cost-effective method of education," Mr. Chemerinsky said. "Putting one professor in front of a large group of students is very efficient." Clinical classes and simulations, which require low student-to-faculty ratios, cost more, he said.

Because his own law school wasn't bound by decades of tradition, Mr. Chemerinsky said, he and the founding faculty members were able to do some things differently, like stressing hands-on, interdisciplinary study across all three years.

Asked by an audience member how the school could afford to do that, he answered, "It starts with having to charge ridiculous levels of tuition."
Chemerinsky made a funny. No report of the volume of the laughter in the room.

Nothing like using other people's money to play out your expansive, innovative ideas. Except clinics and simulations are very old ideas. Cf. "high-speed" rail.

God forbid we should do what's "cost-effective."

By the way, what is "hands-on, interdisciplinary study"? Do we get to fondle a sociologist? 

You know what I would love in a new school — one that "wasn't bound by decades of tradition"? A deliberate decision to embrace tradition. Let's get a bunch of tough Socratic lawprofs in front of a classroom of students. And that's it. Perfectly cost-effective. You can save money on admissions too by going old-school. Make it an old-fashioned GPA/LSAT meritocracy (and flunk them out if they don't perform).

If you're a prospective law student, do you want to go to my new traditionalist school or to Chemerinsky's place? Is that because the tuition will be way lower or because you think that would be a better education? If you're an employer of law grads, do you want New Traditionalist grads or Chemerinsky grads?

If I had to go to a law school, I'd pick:
Chemerinsky's Old Visionary Law School
Althouse's New Traditionalist Law School
Something more moderately in the middle
  
pollcode.com free polls

"Well, it's pretty embarrassing when you can't even handle pirates."

Instapunditry on the reason for the "muted outcry in Washington" after pirates kill 4 Americans:
President Obama did not issue a statement on the tragedy. White House spokesman Jay Carney said that the administration was "obviously outraged by the actions of the pirates."

"And the president, as you know, I believe, has expressed his sincere condolences to the families of the victims," Carney said at a press briefing. "But beyond that, I don't want to get into details."
Obviously... What counts as "obvious" these days? Apparently nothing more that the assumption that he must feel bad about it, even when he says nothing.

New Media Meade to venture beyond Madison city limits to sample opinion in non-Madison, Wisconsin.

He wants to take the Flip camera and go where he can interview the Wisconsinite on the street about what they think of the doings in Madison.

If you're familiar with the area within an hour's drive of Madison, help NMM pick some good places to go. Name towns or spots within towns, and he may get there today.

The NYT strains to find a "victory" for the Wisconsin demonstrators.

Its story today begins:
In a victory — at least a symbolic one — for Wisconsin’s public employee unions, the Capitol authorities announced on Sunday that demonstrators could continue their all-night sleepovers in the building and would not be forcibly ejected or arrested.
Well, yes. A decision was made that it wasn't worth the drama to oust these people who've been clean and orderly enough. Plus, the police are — it seems to me — sympathetic to the protest. As for the GOP politicians who dominate the state government: Why would they want to make martyrs out of the folks who've worked so long and hard to demonstrate how strongly they care? They've been hanging out in the Capitol, enduring the cacophony of their own drumming and chanting and sleeping on the hard stone floor for 10+ days. They're punishing themselves. Why not let them suffer, unmolested, and continue to generate images that disturb the Wisconsinites who voted the Republicans into office 3 months ago?

"Now, that guy just hit me."

The hit isn't on camera, but we can see and hear that the Wisconsin protesters don't like Fox News.

"Even allies backpedal from Walker's extremism" says a headline in the Madison newspaper The Capital Times.

This is a political analysis piece written by the newspaper's editor Paul Fanlund, and I just can't figure out how the headline is justified. The piece begins with a cite to the NYT Magazine's profile of Chris Christie, which got me running over there to find out what Christie said about Walker. The author of that piece — Matt Bai — discusses Walker:
Now a new class of governors from both parties is promising to revisit union contracts in order to put their states on firmer fiscal ground. In Wisconsin, Scott Walker, an aggressive new Republican governor, just proposed legislation that would limit the rights of public workers to collectively bargain. “You can’t have one group who are the haves,” Walker told me recently, meaning government workers, “and one group, the private-sector workers, who are the have-nots.” Walker’s move led to protests in Madison, drawing President Obama into the debate and raising the prospect of French-style labor uprisings among public workers across America.
In part, the viral movement against public-sector unions is a result of political necessity. In states all over the country, balancing the budget has become an annual exercise in Copperfield-like illusion...
I don't see Christie backing away from Walker.

(And as for Matt Bai's "drawing President Obama into the debate" — I think Obama is keeping his distance!)

Sunday, February 27, 2011

New Media Meade catches protesters leaving the Capitol and the scene outside — including the scoop from police that anyone who wants to stay will be allowed.

Video by Meade, edited by me — all done today...



0:01 — People line the front walk of the State Street exit to the Capitol, preparing to honor the protesters who file out after the building is closed, as promised, at 4 p.m.

0:30 — Protesters file out to the chant of "Thank You... Thank You..."

1:45 — Meade asks a man with an "Ask Gandhi" sign if he's Gandhi.

2:13 — People lined up as if to ring the perimeter of the Capitol and sing "We will be peaceful, we will be strong."

3:16 — Dane County Sheriff's deputies tell Meade that no one will be arrested and, in fact, anyone who doesn't leave will be allowed to stay. They'll just have to get out of the way when the floor scrubbers come through.

4:53 — Meade talks to the woman with the "Greedy Obfuscating Plutocrats" sign.

5:35 — And older man questions the woman's ideological credentials.

6:24 — "What is a legal observer?"

7:02 — "Unions are hot."

Oscars, anyone?

I haven't seen any of the movies, but I'm DVR-ing the show and will dip in from time to time. You can talk about it here and I might say something now and then.

For example, Jennifer Hudson has a smashing dress.

UPDATE: Man, this show sucks so bad.

UPDATE2: I'm IM-ing with my son Chris. I write: "is any celebrity saying anything pro-union or in support of the wisconsin protesters?" And he's all:
haven't heard anything

oh gwyneth paltrow mentioned you

in the middle of the song

she stopped and said you know ann althouse

needs to stop criticizing those protestors
LOL.

Meade is new media.

The police want to make ordinary people wait in line, while media gets right in. Meade says he's "new media." He's with "the Althouse blog." And watch for the indications that the police are on the protesters' side.



"All these people have decided that they are working with us to help with their protest. We're not keeping..."

"You're helping the protesters?"

"We're not keeping you from protesting. We're helping to keep the peace."

Ending the Capitol protest.

Right now it's 4:00 and the building is about to be cleared. You can watch the live stream here. [UPDATE: Off line now.]

Fisheying the protest yesterday:

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ADDED: We should have our own pictures from the scene in a little while.

AND: Meade brought home the video, handed me the cameras, and said "I almost got myself arrested." He's out shoveling snow, while I'm uploading the video to see what he was talking about.

MORE: I've seen and edited the video. I'm just processing it out of iMovie and into YouTube. It's funny the second time you watch it! It looks like a Michael Moore-like thing... attempting to get past the police into the building. Actually, he's doing what I did yesterday, which worked to get us both right in.

ALSO: Based on Meade's interview with Dane County Sheriff deputies, I don't think anyone will be arrested. The people who don't opt to leave will be left alone, except to the extent that the cleaning crew will be working around them.

"If the police evacuate the building, will I leave when asked, or will I refuse respectfully?"

The handout of advice for the Wisconsin protesters... as 4 p.m. approaches.

Who invited Peter Yarrow to the Wisconsin protests? And why was he the only entertainer on the bill?

Where were all the rest of the supposedly passionate lefties of the entertainment world?

I'm embarrassed for bloggers like Eric Kleefeld who murmur appreciation for Yarrow:
Folk singer Peter Yarrow -- of "Peter, Paul and Mary" fame -- played some politically themed tunes such as "If I Had A Hammer," "Which Side Are You On," "Blowin' In The Wind" and more, and spoke of his hopes that the current crisis in Madison would reawaken in people the urge to achieve social justice that animated people during the civil rights movement. And like his audience, Yarrow often worked "Kill The Bill" and other slogans into the lyrics. (Nostalgia for my childhood made me wish for "Puff The Magic Dragon," but I suppose it wasn't germane.)
Oh, yeah, it's so sweet that he entertained children with his magic dragon. If you know what I mean. And I think you do. As Meade wrote over there in the comments:
Imagine the outcry in major media and the lefty blogosphere if the Tea Party invited to sing at one of their rallies someone who had committed and was convicted of [making sexual advances toward] a 14 year-old and got a light sentence of 3 months because he had friends in high places who used their influence on his behalf.
I wanted to dig up the old NYT report of Jimmy Clinton's Carter's beneficence toward the entertainer of children, and I stumbled across this interesting bit from a review of Robert Shrum's "Concessions of a Serial Campaigner":
Shrum relates the campaign's collective sigh of relief when the networks declined to show footage of Kerry at an Iowa party jokingly miming a toke while Peter Yarrow of Peter, Paul and Mary sang ''Puff the Magic Dragon''....
How nice — how typical — of the reporters to help the Democratic candidate. Here's something about Yarrow. Anyway, why wasn't there someone more impressive who wanted to be seen at yesterday's rally? Why Yarrow? And why not some better celebrities from the entertainment and political worlds?
Yarrow followed 13-year-old Sam Frederick of Wauwatosa, who wrote an anti-Walker protest song for the occasion and led the crowd in singing it. In between, organizers shoveled snow off the outdoor stage.

The "not official UW Marching Band" — tuba and trumpet blaring — played standards like "If You Want to Be a Badger" and the chicken song...
Man, that's small time! And look at how lame it was. Meade recorded this half a block from the stage:



In another part of the recording, when I first hear it, I say: "Is Cat Stevens here? This guy needs to project a little more."

Why weren't there better celebrities? Perhaps there are inside polls on how this protest is playing out around the country and people don't want their names dragged into it.

Google is becoming human: It responded to a search by telling a joke!

There's a man with a sign that reads "Egypt, Libya/Madison, Wisconsin/Civil Unrest Is Best" and a lady with a doggie.

There's some NSFW language at the 50 second point. Meade took this video yesterday at the big protest march:

Althouse and Meade return to the Veterans Memorial and encounter apologetic protesters, the police, and a rudeness expert.

I took this video yesterday — Saturday, February 26th — at the Wisconsin Capitol building. Meade wanted to go back to see if the protesters had followed through on their promise to remove their things from the Veterans Memorial. The signs that had been taped to the back of the monument were gone, but there was still a lot of junk piled up against it.



The police we encounter didn't want to consult with us on camera, though I do get a clear "no" when I ask if it is against the law to photograph the police. Off camera, they are extremely articulate and professional explaining why the police are allowing the protest and occupation of the Capitol to go on the way it has.

A woman who does not have a Wisconsin accent noses in to tell me I'm "rude" to take pictures.

I say: "Let me ask you a question about 'rudeness.' This is a Veterans Memorial, for people who died in the war. These are all things..."

The rudeness expert interrupts me: "They do things for democracy, which is what we're trying to save right now."

I say: "What would you say to people that are..." And she's turned her back on me and walked away. The rudeness expert.

She had her point and she made it: The memorialized veterans "do things for democracy." That's a poor use of the present tense. They did "things." They died. They fought and they died. But what's important "right now" — according to her — is that the protesters are "trying to save" democracy.

I didn't get to ask follow-up questions, but I think her point was to equate the protesters to the veterans and to make that a justification for piling sleeping bags and all sorts of junk up against the monument. I didn't get to ask how trying to undo the results of the last election is an effort to "save democracy," and, obviously, she wasn't interested in having a conversation with me.

This is what civility looks like...

Doesn't this mean the Republicans accepted or even encouraged the prolongation of the protests?

Because the previous post is so long, I'm breaking out this paragraph so you won't miss it:
Thursday morning, the Senate's Democrats absconded, which kept the bill from passing and the protest going. And here's a State Journal scoop: Republican Mike Ellis, the state senate president, helped the last of the 14 Democrats get out of state, at least according to that Democrat, Tim Cullen. Cullen was assisting the family of Wisconsin Supreme Court Justice Bill Bablitch, who had just died. Cullen says he called Ellis "to ask if he could enter the Capitol without being detained," and Ellis "said fine, come in. There's no problem." Keep in mind that the Republicans only needed one vote to meet their quorum. They had Cullen, and they let him get away! According to Cullen. Ellis even called Cullen as Cullen was driving to Illinois to "double check" if he got out okay. According to Cullen. Doesn't that mean the Republicans accepted or even encouraged the prolongation of the protests?

How did the Wisconsin protests happen? Who did what when? How did we get here? A timeline.

"On Feb. 7, with Wisconsin united in the afterglow of a Green Bay Packers victory in the Super Bowl" — so the Wisconsin State Journal begins today's article about the protests with a reminder about how great everyone felt in Wisconsin so recently. We were deprived of our enjoyment of the afterglow!

On February 11th, when Gov. Walker "dropped the bomb" — his words — union chiefs and organizers had "a freakout of a long weekend" — as one of them put it.
As unions organized protests to be launched in the coming days - the largest in Wisconsin's capital city since the Vietnam War - about 250 people in two separate groups picketed Sunday at the Capitol and in front of the Maple Bluff mansion Walker now calls home.
Here's my post commenting on the thin, mellow crowd that day:
It was a beautiful, unseasonably warm Sunday, and our new governor has just dropped a shocking union-busting proposal that our newly Republican legislature is likely to step up and pass. This is the push-back from the unions?
Ha ha. And the Isthmus didn't seem at all enthused:
Protests are exactly what Walker wants, because they can only lead to two outcomes: Either they are peaceful and accomplish nothing; or they turn violent and create a massive backlash against the unions and their members. Either way, Walker wins.
Look back over the last 2 weeks. We now know the protests were huge and peaceful, so did they accomplish anything? Did Walker win? He chose not to confront people, and, interestingly enough, the people of Wisconsin who opposed the protests didn't make trouble either. There was one pleasant Tea Party event on the first Saturday, with a good turnout, but everyone was nice. I mean, the anti-Scott Walker folks had their Hitler signs and so forth. But that's all. Over-the-top analogies.

Back to the State Journal:
Before Walker unveiled his budget-repair bill on Feb. 11, the Teaching Assistants' Association at UW-Madison, along with campus student groups Student Labor Action Coalition and Multicultural Student Coalition, had planned a noon march from the Memorial Union to the Capitol to deliver "I Heart UW" valentines to Walker and urge him not to cut education funding....
They delivered the valentines.
That night, TAA leaders went back to campus and sent their 2,800 UW-Madison members an e-mail urging them to return to the Capitol on Tuesday and testify at the Legislature's powerful Joint Finance Committee, which had scheduled a hearing on the bill at 10 a.m.

Unions across the state were doing the same, as a dozen leaders convened Monday.

State law prevents Capitol Police from locking the building while there are ongoing hearings. So some TAA members made plans to stay as long as necessary, not realizing they wouldn't sleep at home again for weeks and that their union would set up a nerve center in a Capitol office, with members coordinating volunteers and helping manage what became the Capitol's 24-hour ecosystem.
So the occupation of the Capitol began as a UW TAA operation.
[Tuesday, February 15th], AFSCME, a 68,000-member union that represents state and municipal workers... started running buses from at least seven cities throughout Wisconsin.

About 10,000 people gathered at the Capitol for noon and 5 p.m. rallies, holding protest signs and chanting "Kill the Bill!" and "This is What Democracy Looks Like!"

Inside, 3,000 more turned the ground-floor rotunda into a raucous drum circle and plastered the walls with anti-Walker, pro-union posters. It was the start of a protest village that would occupy the Capitol at least through Sunday, Feb. 27, when Capitol Police say they'll no longer allow protesters to stay overnight.
So the TAs gained the support of AFSCME (and its buses). Why did the Capitol Police let them stay? They're clearing everyone out today, supposedly, but why did they let them stay so long? I talked to the Capitol Police yesterday, and I asked them the questions I raised in this post about free speech and viewpoint discrimination. I got a sense of what the answer is and will write about that later today.

Back to the State Journal. (These are excerpts from the article. For a more complete timeline, go to the link at the beginning of this post.)
At the [Madison Teachers Inc.] meeting, executive director John Matthews  discussed the far-reaching consequences of the bill and the group decided Madison teachers should spend the next three days at the Capitol - and not in the classroom.

"We were in lockstep," said Matthews. "There was no dissention."...

About the same time, finance committee co-chairs Rep. Robin Vos, R-Rochester, and Sen. Alberta Darling, R-River Hills, directed staff to stop registering people wanting to testify, angering opponents....

The committee adjourned about 3 a.m. Wednesday. At that point, Democrats continued hearing testimony in another room, giving justification to protesters to stay overnight in the Capitol.
So the reason the protesters could stay in the building overnight was that the Democrats kept hearings going, which kept the building open. With the Madison schools closed, the crowd in the Capitol swelled on Wednesday, and many slept in the building overnight.

Thursday morning, the Senate's Democrats absconded, which kept the bill from passing and the protest going. And here's a State Journal scoop: Republican Mike Ellis, the state senate president, helped the last of the 14 Democrats get out of state, at least according to that Democrat, Tim Cullen. Cullen was assisting the family of Wisconsin Supreme Court Justice Bill Bablitch, who had just died. Cullen says he called Ellis "to ask if he could enter the Capitol without being detained," and Ellis "said fine, come in. There's no problem." Keep in mind that the Republicans only needed one vote to meet their quorum. They had Cullen, and they let him get away! According to Cullen. Ellis even called Cullen as Cullen was driving to Illinois to "double check" if he got out okay. According to Cullen. Doesn't that mean the Republicans accepted or even encouraged the prolongation of the protests?

The flight of the 14 Democrats enthused the protesters, and Madison public schools were closed for a second day and then a third, February 17th and 18th. Saturday, the 19th, was the day the pro-Scott Walker people showed up too. They came, had a rally outside the building, and then left.

That was a week ago. The occupation of the Capitol continued, and you've seen the pictures and descriptions on this blog. Yesterday, we had "about 70,000 people" at the Capitol, but they were mainly outside. I went inside. I walked right up to the nearest door, and a "volunteer" in an orange vest told me to go wait in a line to go in some other door. This door was for... I didn't quite catch who the special people were who got to go right in the door I'd walked up to, but I said, "This is a public building. You're saying there are 2 kinds of people — ones that get right in and ones that go wait in line? Who are you?" He was obviously not a uniformed city official. I was all "Who are you?" and "How dare you!" and, after a few seconds, I (and Meade) got right through that door.

Once in, I said "How dare they!" about 10 times. Sorry, Meade didn't video that. You've never seen video as emotional as I was right then. I got outraged for myself and for all the people that were out there waiting in that line. I was outraged about them for 2 reasons: 1. Because they were treated as second-class citizens who had to enter through the subordinate door, and 2. Because they meekly accepted their subordination.* On the other hand, whether the restricted entry plan came from the Capitol Police or not, it assisted them in what appeared to me to be a well-coordinated procedure of closing down portions of the building and moving a smaller and smaller group into the central area. I assume this slowly tightening cordon will effectively accomplish the end of the occupation at 4 p.m. this afternoon.
_______________________

* My stature as a "line pioneer" was verified by David Foster Wallace. I have that in writing from the now-dead genius writer, who had a problem with lines too.

Saturday, February 26, 2011

Outside the Capitol today — a march, snow, and Peter Yarrow.

Meade wielded the Flip camera and I edited this. I also appear now and then as the blonde-haired photographer in the black coat, walking against the direction of the marchers. We begin with some women dressed as vegetables:



Other highlights:

1:01 — a man yawns.
1:10 — the WTF sign.
1:28 — doggie.
1:38 — "HITLER STALIN WALKER."
3:22 — "In the old days, we knew how to deal with peasants!... Burn you like marshmallows!"
4:18 — squirrel costume.
4:32 — "Is Cat Stevens here?"
5:05 — "That's Peter Yarrow."
5:32 — Toilet paper on the "Forward!" statue.
5:52 — The "Yin/Yang" sign.
6:27 — I get in the way of 2 ladies who are trying to take a picture of 3 guys in "Star Wars" costumes. Since they don't have a wide-angle lens, they need to stand way back, and feel entitled to a big stretch of empty sidewalk.
7:10 — "I've been fingered as a Walker supporter because I walked in front of her picture of the 'Star Wars' characters!"
7:41 — A woman dressed as the Statue of Liberty has duct tape on her mouth. Not on the video: I say to Meade, "I'd ask her why she has tape on her mouth, but she has tape on her mouth," and Meade says, "And if she didn't have tape on her mouth, and you asked her why don't you have tape on your mouth, she would remain silent."
8:00 — big Teamsters truck.
8:33 — Meade talks to the women with the "Obama, Where R U?" sign (which was the only reference to Obama we noticed today).
9:00 — Finally, a giant puppet!
9:12 — Meade gets a look into the soul of the puppet.

Inside the Wisconsin Capitol building, at the protest today.

In the rotunda, viewed with the fisheye lens (which feels at home in a round space):

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The police presence was strong:

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A man with a press pass sits on the ornate stone floor and works on his Power Book:

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(Enlarge.)

"We Can't Lose" says a badly-drawn hand giving the peace sign:

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Enlarge to read more signs — "Moms Can Tell You Are Lying," etc.

A man in saggy pants and a Teamsters jacket talks to an hipsterish guy near a sign that says "Get Out of Your EGO, And into Your Heart, Walker Causes GAS, And it's Time to FART":

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Signs are laid out on the floor, and a woman sidles along viewing them as if they were a museum display:

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The scene at the Veterans Memorial on Saturday.

Yesterday, Meade and I confronted the protesters who'd taped things to the Veterans Memorial at the Wisconsin Capitol and piled up a lot of stuff around it. They promised us they'd get their things off of the memorial and away from it. We returned today, and here's how it looked (via fisheye lens):

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(Enlarge.)

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(Enlarge.)

The signs were off the memorial, but, as you can see, the junk was still piled against it, and Meade had a long talk with them — and the Capitol Police — about it. The protesters were very polite and circumspect, even as they fell back on the argument that they thought it was enough to take down the signs — and that they'd thought, yesterday, that it was enough to tape the signs only on the back of the monument. The assertion was made, as it was yesterday, that people can't tell from the back that it's a war monument. Quite aside from the fact that people are free to walk around the monument and see it from all sides, there is a bronze wreath embedded on the back. I asked one woman if she knew the symbolism of a wreath and I think she said she did.

Within a few minutes, the things were moved away from the base of the  monument. There were lots of police around (as you can see if you click through to the enlargements), and they were keeping a strong and professional presence and were excellent at talking to us about the problem (though they didn't want to be videotaped speaking).

Is it viewpoint discrimination under the First Amendment for Wisconsin to permit the protesters to use the Capitol building as it has over the past 10+ days?

Here is part of a presentation made at the University of Wisconsin Law School on February 22, 2011 by Donald Downs, a UW political science professor:



Downs is very briefly raising the issue of whether it should be considered viewpoint discrimination for the protesters at the state capitol to be permitted to post signs and sleep overnight when other groups are not going to be given the same treatment.

The case he mentions is Clark v. Community for Creative Nonviolence, in which the Supreme Court upheld a neutral rule that prohibited everyone from sleeping in the park. In that case, protesters argued that they had a right to special treatment, because they were sleeping as a form of expression, to say something about the plight of the homeless.

In the current Wisconsin situation, the protesters are being allowed to do many, many things that ordinarily no one does. It's hard to imagine how the state could operate in the future if other groups were given equal treatment and permitted to stay overnight for days on end, to post thousands of signs all over the historic marble walls and pillars, to prop and post signs on the monuments, to bang drums and use a bullhorn in the rotunda to give speeches and lead chants all day long for days on end. Tell me then, what will happen when the next protester comes along and the next and the next? Hasn't the state opened the Capitol as a free speech forum in which viewpoint discrimination will be forbidden under the First Amendment?

But, you might say, the Republicans hold the political majority and the special treatment is going to their opponents. To that I say: So what? If you discriminate in favor of your political opponents, it's still viewpoint discrimination. It's interesting to speculate about why the Republicans are permitting such a giant extra helping of free speech to their opponents. Perhaps it is so they can say, when their friends show up on some later occasion — some Tea Party group? — that they must give them the same access.

But I don't believe they want that. The Capitol has for years and years been a solemn place. For 25 years, I have brought visitors there and walked slowly through the beautiful spaces looking at the different colored and patterned marble on the walls and gazing with awe up into the dome. This is the Capitol Wisconsinites know and treasure. It can't become an all-purpose free-speech forum.

At Christmastime, there is a big tree in the rotunda. The Freedom from Religion Foundation doesn't like that. This week's anti-Scott Walker people are banging on drywall buckets and chanting "This is what democracy looks like." How about a hundred atheists in the rotunda for a week in December banging on buckets and chanting "This is what stupidity looks like"? (Okay, there's a conlaw exam for you. Submit your answers and I'll grade.)

I think the Republicans are simply refraining from confrontation and waiting for the protesters to get tired and leave or — on their own — to upset the ordinary people around the state. Any attempt to sweep them out or pull down their signs might make them look sympathetic or generate an air of martyrdom, and so, I assume, it has seemed to be the wiser path to leave them alone.

UPDATE: At the Capitol today (2/26/11) I talked to the police enough to get some insight into what the legal theory is. I've got a lot of video and photographs to process this evening, so I will put off writing more about this until tomorrow.

UPDATE 2: Prof. Downs emails:
Ann raises points that merit serious First Amendment attention. In my talk last Wednesday, I raised the concern about viewpoint discrimination, but said it was outweighed at that point by public necessity. But the necessity position loses force as time passes, and police are able to adjust to the situation. Regardless of where one stands on this particular issue, it is never a valid or good thing if government grants special First Amendment rights to one group or set of protesters that it would not extend to all other groups. This is bedrock First Amendment principle based on a long history of experience. And police need to maintain a position of absolute neutrality in such matters. And it doesn't matter how peaceful or respectful a group might be behaving, for such otherwise laudatory behavior does not entitle anyone to special treatement under the law. The First Amendment either applies equally to everyone, or it is subject to political barter.

Qaddafidils.

As in: Pushing up Qaddafidils. Could someone illustrate my coinage by photoshopping (or drawing) a daffodil combined with Qaddafi?

Or Gaddafi/Qaddhafi/Qaddafi/Gaddafi/Kaddafi/Khadafy/Qadhafi/Qadaffi or however the hell you spell that in Latin letters.

IN THE COMMENTS: Paddy O makes this:



Chip Ahoy makes this:

"The Tea Party's Manifest of Hate and Denial."

The Right Brothers try to read a sign at the Wisconsin Capitol.

ADDED: I got a clear picture of the whole sign on Saturday:

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Lefty blogger loves the idea of restaurants refusing to serve people that their other customers express open hatred toward.

"Sounds like a good idea to me. I don’t generally consider myself a snob, but in this case I’ll make an exception — I’ll be happy to dine at an establishment that knows exactly which kind of undesirables should be kept out."

Swopa loves that a Madison restaurant asked Governor Scott Walker to leave when customers booed him. He/she links to a Madison blogger who deleted the name of the restaurant after the restaurant received threats. (Threats? Were they reported to the police?) Swopa notes that he edited his post to delete the name of the restaurant, but he leaves in his "via Howie Klein on Twitter" link, and the name of the restaurant is right there.

Idiot. Don't rely on Firedoglake to protect you. They care. They want to protect you. But they just can't quite pull off the protectiveness they'd love to give you.

And that's the problem with liberals. They care. They're here to help. They're here to help the people they've decided are the people who deserve to be helped. But they do a half-assed job of protecting even the people they care about.

And how about believing in principles that you are willing to follow at a high level of abstraction? You love the idea of restaurants letting the passions of their customers determine who ought to be seated (at least when they sympathize with those passions). What sprang into my head was: Ollie's Barbecue!
Ollie's Barbecue is a family owned restaurant in Birmingham, Alabama, specializing in barbecued meats and homemade pies, with a seating capacity of 220 customers... The restaurant caters to a family and white-collar trade with a take-out service for Negroes....
Ah, but who remembers anything anymore? It's today that matters. The war dead are dead, and now their memorial is a handy place to tape your signs and back your table up against so all your stuff doesn't fall on the floor.

And who thinks about tomorrow? The state capitol is occupied right now and plastered with thousands of signs this week, and isn't that just great? You haven't give a moment's thought — have you? — to what free speech rights will apply to the next group that wants to appropriate the state capitol? Are you planning on advocating viewpoint discrimination to keep the signs you find loathsome off the walls?

No. I know. You have no plan. You haven't thought about it. Swopa began his post this way:
Sometimes, it’s good to leave detached, cerebral meta-analyses of politics aside and just get a taste of public opinion being expressed the old-fashioned way.
Sometimes! The whole point of principles is that you're supposed to follow them all the time — especially when you would find it most satisfying to violate them. Swopa's all: Let's not be "detached" and "cerebral" today when we're having such fun.

What children!

IN THE COMMENTS: There's some evidence that the story of the booing and ejectment was a hoax. Of course, nothing in my post depends on whether the incident really happened or not. I'm writing about the reaction to the incident, not the incident itself. If it is a hoax, I would like to get to the bottom of it. Did the owners of the restaurant seek to endear themselves to Madisonians with viral P.R. about their political faith? Or were employees appropriating their employer's reputation?

Friday, February 25, 2011

Protesters at the Wisconsin Capitol disrespectfully have taped signs on and piled junk against the Veterans Memorial.

Meade and I confront them, and we're told we're the first people who've had a problem with it. I try to explain how that attempted defense of the behavior is only going to make it look worse. It means that of all these crowds of people in the Capitol, no one else has noticed or cared enough to say anything.



AND: Here's a video made by Democracy Now! that features the young woman Meade talks to in the end of our video.

At the Capitol today... there were signs taped up everywhere..

"Dick move."

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Signs and junk...

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... and even some people sleeping (at midday)...

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Many signs depicted Jesus. Jesus says, "Tax the rich," and Scott Walker ignores our Lord:

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The displays at the mezzanine level had become — like all the walls and pillars — places to tape signs. Here's the bust of Robert M. LaFollette:

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I don't know if you can see it. Look closely: that is the replica of the Liberty Bell under all those signs:

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This is the back of the Veteran's Memorial, with all sorts of notices taped onto it and junk piled up against it.

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Meade and I confronted the protesters who maintained what they called their "information station." That's Meade in the baseball cap during the confrontation:

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I'll have video of the Veterans Memorial confrontation on YouTube and this blog very soon. The video includes a protester telling me that Meade and I are the first — "literally the first" — persons to object to their treatment of the memorial.

ADDED: Here's the post with the video up now.

"The Day They Took The Laptops."



(GWU Law Revue 2011.)

100 lawprofs ask Congress to impose an ethics code on the Supreme Court.

Oddly, the name Koch appears 10 times in this Washington Post article. It appears that some lawprof brains are aboil with worries about the nefarious Koch brothers. Kochophobia rages on, and these furious minds seem to imagine themselves overcoming the evil that is Antonin Scalia and Clarence Thomas — as if their "ethics" plan — assuming it could be put in place — couldn't possibly backfire and oust their favorite liberal/swing justice.
The professors said in their letter to the committees that their goal is not to second-guess the activities of any individual judge but to create "mandatory and enforceable rules to protect the integrity of the Supreme Court." An influential British judge declared in the 17th century that "no man may be a judge in his own case," the letter said, but "inexplicably we still allow Supreme Court justices to be the sole judge of themselves on recusal issues."
And what man will be the judge of whether these law professors are truthfully reporting their motives?
Under the ethics code that the lawyers consider their model, approved and regularly updated by the nation's chief appellate judges under the chairmanship of the chief justice, lesser judges are prohibited from accepting travel reimbursements from outside groups if they "give the appearance of influencing the judge" or "otherwise give the appearance of impropriety."

Nan Aron, director of the liberal group Alliance for Justice, said that if these rules were extended to the Supreme Court, none of the justices could attend "overtly political meetings or events" like those sponsored by the Kochs.
And who will be the judge of which meetings and events are overtly political? If they're sponsored by the Kochs, they're political. So far, we know that. Thanks a lot. I love the irony. It's obvious that this proposal is overtly political!
At present, said Ellen Yaroshefsky, director of the Jacob Burns Ethics Center at the Benjamin Cardozo School of Law, "we have standard-less standards" at the court that she struggles to explain to students.

She said it would be straightforward for the court to appoint an independent body of retired justices or other experts to adjudicate recusal and ethics controversies.
Oh, wonderful! An independent body of retired justices or other experts. Yes, wouldn't it be great to have an independent body of retired justices or other experts decide which Supreme Court Justices got to participate in particular cases?

So... retired Justices Souter, Stevens, and O'Connor might step up to decide who to disqualify in — let's say — the case about the constitutionality of the individual mandate. Maybe you think that skews a tad liberal, a tad too anti-Scalia-and-Thomas. Well, first, that's not a bug, it's a feature. And, second, whoever is setting up the "independent body" could always balance it with those  "other experts." You know where to get them, don't you? Elite law schools! Begin with the names of those 100 professors who signed that letter to Congress.

It's all so delightfully inbred — isn't it? — in the feverish fantasy life of the Scalia- and Thomas-haters of legal academia.

The Wisconsin Law School Forum on Gov. Walker's Budget Repair Bill.

The entire 2 hours of the event — which I blogged here and here — can now be streamed here.

Weary Wisconsin Democrats surprised by late-night vote, rush at the Republicans "pumping their fists and shouting 'Shame!' and 'Cowards!'"

AP reports:
With the Senate immobilized, Assembly Republicans decided to act and convened the chamber Tuesday morning.

Democrats launched a filibuster, throwing out dozens of amendments and delivering rambling speeches. Each time Republicans tried to speed up the proceedings, Democrats rose from their seats and wailed that the GOP was stifling them.

Debate had gone on for 60 hours and 15 Democrats were still waiting to speak when the vote started around 1 a.m. Friday. Speaker Pro Tem Bill Kramer, R-Waukesha, opened the roll and closed it within seconds.

Democrats looked around, bewildered. Only 13 of the 38 Democratic members managed to vote in time.
Republicans immediately marched out of the chamber in single file. The Democrats rushed at them, pumping their fists and shouting "Shame!" and "Cowards!"

The Republicans walked past them without responding.
The Democrats were playing games and the Republicans decided to play one of their own. It's not pretty. I'd like to see video of that rushing, shouting, and fist-pumping action. That seems to cross over into something approaching a physical threat.

IN THE COMMENTS: 2 commenters — Liz and Jana — come up with the video right away:

"Here's the latest evidence that nothing has changed in post-Tucson America..."

Writes Justin Elliott in Salon:
A person at a Tuesday town hall with Rep. Paul Broun, R-Ga., got up and asked, "Who is going to shoot President Obama?"

The exact wording of the question is not clear because, the Athens Banner-Herald reports, there was a lot of noise at the event. 
If you don't know the "exact wording," why do you have some words in quotes? This non-quote has gone viral in the leftosphere, the leftosphere where no one seems to mind all the violent and over-the-top language and imagery at the week-long Wisconsin protests. If you don't have that quote, why are you spewing it out there? Maybe what hasn't changed post-Tucson is you?

Seriously. Why put out a quote that you don't have? You're trying to stir people up and create discord! You are the problem you are talking about? Do you have any self-awareness at all?
The question prompted a "big laugh" from the crowd, in Oglethorpe County, Ga., according to the Banner-Herald. Broun, for his part, did not object to the question. He said in response:
"The thing is, I know there’s a lot of frustration with this president..."
And now, you want to attribute incivility to Broun, but you don't know what he heard. He mentions the president, so presumably, he caught that it was something anti-Obama, but beyond that you are making stuff up.

If the crowd was so big, and it was a planned event, where's the digital video? Don't tell me the crowd was too noisy for anyone to record it AND that the crowd heard it.

Now, as is widely known, it's a serious federal crime to threaten the life of the president, which makes it less likely that the words are as reported in the pseudo-quote. It also makes it less likely that a person of the left was trying to make trouble for Broun (a theory I see some righties are propounding). If it was said, it was said by someone who was both malevolent and stupid. Why would a whole crowd of people give a big laugh when they found themselves in the presence of someone malevolent and stupid?

Flashback to spitgate. I say, as I said then: Produce the video.

ADDED: Media Matters links to this post and says:
Althouse later announced that she'd only believe the "shoot Obama" story if she saw a video of the encounter.
Care to quote me? This is about quotes and you can't quote me saying that, because I didn't. Pathetic. I'm announcing that Media Matters is pathetic. And you can quote me.
That's fine, except Broun's staff confirmed the "shoot Obama" question was asked. The Congressman has since sort-of apologized for his non-reaction to the "shoot Obama" question, and the Secret Service was alarmed enough by the question to interview the person who asked it. (The elderly man apologized for the what he said was a joke.)

Still waiting for the video Ann? 
Yes, I am. For video or some other good-enough evidence. And you should too. As I've said — nay, announced! — you shouldn't spread viral stories unless and until you at least have your facts straight. When I wrote this post, I'd already seen that Broun’s press secretary, Jessica Morris, reportedly said "Obviously, the question was inappropriate, so Congressman Broun moved on," and I chose not to lengthen my post with the obvious question: What did the person who spoke to her say before she said that?

The quote from Morris doesn't establish that she knew what was said independently from what was just said to her. Whoever elicited that quote from her might have just told her what was purportedly said at the town hall. Imagine a reporter saying, "At the town hall, someone yelled out 'Who is going to shoot President Obama?' Why didn't Congressman Broun denounce that person on the spot?" Her remark would fit that context, and therefore doesn't work as a confirmation of the pseudoquote.

MORE: Now, I'm clicking through to the Washington Post story, which came out after I made this post. And I'm just now paying attention to the business about the Secret Service in the Media Matters piece that links to it. The "ADDED" part above relates only to my reaction to what the spokeswoman said.
A law enforcement source confirmed that the Secret Service interviewed the constituent and determined that he or she was an "elderly person" who now regrets making a bad joke.
"In this case this was poor taste," the source says. "The person realized that."
That WaPo item is updated at 11:50 a.m. to say that "Rep Paul Broun appears to admit he should have condemned his constituent." Broun now repeats the quote, which suggests he heard it that way, and says "I was stunned by the question and chose not to dignify it with a response; therefore, at that moment I moved on to the next person with a question. After the event, my office took action with the appropriate authorities."

So, I'll accept now that the quote was made.

And, Media Matters, what do you say about all the violent images and statements that have been in this last week here in Wisconsin? What do you say about the death threat that was made to me? Where are your condemnations of that? I'm waiting!

"In the private sector, the capitalist knows that when he negotiates with the union, if he gives away the store, he loses his shirt."

"In the public sector, the politicians who approve any deal have none of their own money at stake. On the contrary, the more favorably they dispose of union demands, the more likely they are to be the beneficiary of union largess in the next election. It's the perfect cozy setup... Recognizing this threat to union power, the Democratic Party is pouring money and fury into the fight. Fewer than 7 percent of private-sector workers are unionized. The Democrats' strength lies in government workers, who now constitute a majority of union members and provide massive support to the party. For them, Wisconsin represents a dangerous contagion."

Charles Krauthammer.

"Tyrant's House" — the subject line of email containing George W. Bush's Texas address.

Email sent to himself by Khalid Aldawsari — who's been arrested in Lubbock after he attempted to buy a product used in bombmaking.
Officials said that Aldawsari appeared to be acting alone and was not in touch with any terrorist organization overseas. But his journal entries stated that he was inspired by Osama bin Laden and wanted to create "an Islamic group under the banner" of al-Qaeda...

... Aldawsari wrote that "one operation in the land of the infidels is equal to ten operations against occupying forces in the land of the Muslims."

Thursday, February 24, 2011

"And if Scott Walker gets in our way, we're gonna roll right over him," yells a protester in the Wisconsin Capitol on Thursday.



Meade did the video-recording  on Thursday, and I edited things down to 4 1/2 minutes. The quote in the post title begins the montage. Look for the group of schoolchildren dragged through the crowd — they appear twice — and the baby with a sign. There are 2 men in ridiculous costumes, one of which speaks of violence with a sign reading "Gore Walker" on a helmet that has big bull horns sticking out of it. It took us a moment to get it, because "Gore" made us think of Al Gore, but "gore" with horns — and don't they look blood-reddened? — signifies a grisly piercing.

At the Corporate Caliphate Café...

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... I'm sure you know what you're talking about.

"Loneliness is a cloak you wear, a deep shade of blue is always there" — the real Scott Walker.



Everyone is tearing into Scott Walker these days. But "who knows anything about Scott Walker?" (To quote David Bowie.)

Professor Donald Downs says Gov. Walker "by being radical... has exposed the contradictions in the political economy."

"It's creedal!"



This is the last 2 1/2 minutes of Downs's talk at last night's teach-in, which is also discussed in the previous post, and which should soon be on-line in its entirety here.

The Badger Herald writes about last night's teach-in on the Wisconsin budget bill and completely misrepresents what Prof. Donald Downs said.

Here's the Badger Herald.  Here's Professor Downs's response — which was cc'd to me:
I write in response to Grant Hermes reporting on my comments at the Law School Forum Wednesday evening. Hermes wrote that I "alluded to the idea that the governor’s proposed bill may have long-term negative effects on political areas outside of labor disputes, such as taxes and the rising cost in higher education." This is a complete misrepresentation of what I said and meant. I was talking about the crisis of debt, and how higher education is part of this crisis because we cost so much. Walker has had nothing to do [with] having caused this problem; indeed, his measures are designed to at least address the crisis of public debt in a forceful way. At no point in my discussion of this aspect of the problem did I implicate Walker's plan as a source of the problem. The cost of higher education has skyrocketed at twice the skyrocketing rate of medical care costs over the course of the last twenty years, and we are the source of this problem, not Walker.

Donald Downs
Meiklejohn Professor of Political Science, Law, and Journalism
Maybe the reporter had trouble hearing a professor imply that Scott Walker might be doing something good.

ADDED: The boldface is mine. Here's the last 2 1/2 minutes of Downs's talk.

Remember when Sarah Palin was asked "What is the Bush Doctrine?"

It was a painful, embarrassing episode for her. Here's a question for producing new gotcha moments for selected politicians: What is the Obama Doctrine?

"Barack, wouldn't it be funny if, after all of this, you got to be President..."

"... tried to do the job, working hard at it, trying to be a good President, and you wake up one morning and you think: I hate my job. Because doesn't this happen to people all the time? You get the job, you start to do it, and then you realize: I hate it!"

Keep smiling, keep shining, knowing you can always count on me, for sure...

That's what friends are for...



For good times and bad times, I'll be on your side forever more, that's what friends are for...

Democratic congressman: "Every once and awhile you need to get out on the streets and get a little bloody when necessary."

Rep. Michael Capuano was speaking at the Boston rally in "solidarity" with the Wisconsin protests. Last month, after the Tucson rally, he said: "There's always some degree of tension in politics; everybody knows the last couple of years there's been an intentional increase in the degree of heat in political discourse. . . . If nothing else good comes out of this, I'm hoping it causes people to reconsider how they deal with things."

James Taranto cries hypocrisy, but it's not all that hypocritical. Capuano said there would always be "tension" in politics, that people are intentionally increasing that tension (or "heat"), and that people should think about "how they deal with things." You can read that a lot of ways!

UW professor retires after only 21 years to "protect" herself from "depressing and threatening" clauses in Gov. Walker's bill.

The Daily Cardinal reports:
"Maybe I didn't need to jump, but I won't know that until much later. My concern was that there will be no window allowed for people to actually make an informed decision," [UW-Madison Anthropology Professor Sharon] Hutchinson said.

Hutchinson said the redefinition of the term "emergency" in the bill would allow for the firing of anyone who walks out, holds a strike or calls in sick.

"I find the clauses so depressing and threatening that I decided that it's impossible to determine, it's just too tense for me, and I know of no other way to protect myself for sure... The discourse that is developing that is trying to divide people against each other is truly disheartening...."

Wednesday, February 23, 2011

At the Teach-in Teahouse...

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... you can talk about what you heard...

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... or anything you want.

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"James McLure Dies at 59; Wrote Garrulous Plays."

"Obituary headline to die for," emails the irrepressible RLC.

"None of this is about budgets. It’s about crushing enemies. Unions. Government programs. The social safety net. Abortion. Contraception."

Gail Collins gets stream-of-consciousness-y.

Obama orders Justice Department to drop its defense of the Defense of Marriage Act.

Politico reports:
“After careful consideration, including a review of my recommendation, the president has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny,” [Attorney General Eric] Holder said in a statement.

“The president has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the president has instructed the department not to defend the statute in such cases. I fully concur with the president’s determination.”
(Last fall, I was very critical of Obama's willingness to defend DOMA in the courts.)

ADDED: Watch me — last October — criticize Obama for fighting against gay rights in the courts:



Hmmm. October... Had to win some votes back then.

Don't forget the forum on Gov. Walker's budget repair bill at the law school tonight.

Previously blogged here. This event, from 6-8 tonight in room 2260 at the UW Law School, is open to the public. And, as you can see from the law school website, the law school will produce a video of the event that will be available here tomorrow.

Governor Walker accepts a phone call from a prankster pretending to be David Koch.

Walker's office admits that it's him:
The Governor takes many calls everyday. Throughout this call the Governor maintained his appreciation for and commitment to civil discourse. He continued to say that the budget repair bill is about the budget. The phone call shows that the Governor says the same thing in private as he does in public and the lengths that others will go to disrupt the civil debate Wisconsin is having.
Walker opponents would love to make something of this phone call, but all they have are a few over-the-line things the Koch impersonator said like "You gotta crush that union." Walker just ignores that stuff and goes on with his standard points, which is probably the standard strategy that most politicians use when people interact with them.

You could say that it's bad that the prankster got through, but that shows that he's willing to talk to a lot of people and also that David Koch isn't a frequent caller who gets special treatment and is recognized by his caller ID and his voice and manner of speaking.

Doesn't this prank call prove that Scott Walker is not close to Koch? He doesn't recognize his voice! He doesn't drift into a more personal style of speech. He treats him like a generic political supporter.

(Here's Monday's NYT article floating the theory that Walker is too close to the Koch brothers. In my frequent forays to the protest at the Capitol, I've seen many signs depicting Walker as a creation or puppet of the Koch brothers.)

"Could beetles, dragonfly larvae and water bug caviar be the meat of the future?"

"As the global population booms and demand strains the world's supply of meat, there's a growing need for alternate animal proteins. Insects are high in protein, B vitamins and minerals like iron and zinc, and they're low in fat. Insects are easier to raise than livestock, and they produce less waste. Insects are abundant. Of all the known animal species, 80% walk on six legs; over 1,000 edible species have been identified. And the taste? It's often described as 'nutty.'"

Nutty, indeed!

One thing about insects for food — beyond the benefits cited in the article — is you don't have to bone them. Instead of bones, they have an exoskeleton, and you know how we humans love crunchy outer shells on our food.
Insect outer skeleton, the cuticle, is made up of two layers: the epicuticle, which is a thin and waxy water resistant outer layer and contains no chitin, and a lower layer called the procuticle. The procuticle is chitinous and much thicker than the epicuticle and has two layers: an outer layer known as the exocuticle and an inner layer known as the endocuticle. The tough and flexible endocuticle is built from numerous layers of fibrous chitin and proteins, criss-crossing each others in a sandwich pattern....
Sandwich! Mmmm.... sandwich....

"Where is the outcry from PETA?"

Asks a commenter at the Isthmus post about the camel the "Daily Show" brought to the protest.

Where's the outcry? Probably hanging out with the outcry from the Freedom From Religion Foundation over the Reverend Jesse Jackson leading a prayer (with the crowd of protesters in the Wisconsin Capitol rotunda):



(By the way, Jackson's prayer does not violate the Establishment Clause, and in fact, he has a free speech right to do what you see in that video. That is my official professorial opinion.)

"The Daily Show" brings a live camel to icy downtown Madison to do a comedy skit, and it gets entangled in a metal fence and falls down horribly.

This is difficult to watch...



Background and more video here. The show's comic actor John Oliver was on the scene. Obviously, the idea was to play on the comparison between Egypt and Wisconsin, which has been pushed by the local protesters.

Truly nauseating. The linked piece in the Isthmus says it "ends happily" because the animal is eventually able to stand up again. Ithmus is a newspaper of sorts. Let's see if — instead of smiling on camera and calling it a happy ending — the reporter finds out where the TV crew got the camel, who thought it was acceptable to bring a camel out in the ice and snow, who decided to put a collapsible metal fence around the animal, what training the handlers had, why the owners of the camel entrusted its welfare to these people, and what ultimately happened to the animal?

I kind of hate driving traffic to the Isthmus (and to the same reporter who wrote an article trashing me as an egotist because I declined to give him an interview), because it seems to be treating this as a kooky, quirky YouTube moment. It's not. It's animal cruelty.

I'd like an investigation. Should someone be prosecuted?

ADDED: The reporter, Jack Craver, apparently obliges John Oliver who tells him to shut off the camera. The animal struggles for 10 minutes, we hear in the final video, but there's no video of most of that — it seems because Craver bowed to the authority of a comedian. Craver refers to Oliver as a "correspondent." Hello? He's an actor.

In that final video, Craver turns the camera on himself right after the animal finally struggles to its legs. I realize he's happy that the animal has managed to stand up, but I find it hard to believe that is a face of a human being that just watched an animal suffer for 10 minutes.

You know, the world is real. And "The Daily Show" is fake.

IN THE COMMENTS: Jack Craver stops in and I respond:
Craver writes: "I did not oblige John Oliver's request to turn the camera off. As the video shows, I kept the camera on and shot two more videos."

You say, in the final video, that there were 10 minutes of the camel on the ground, but you do not show 10 minutes. The video with Oliver ends a few seconds after he asks you to stop, and the next video begins at some later point.

And I don't assert what I don't know. I say "apparently" and "it seems." If you have the full 10 minutes of the suffering camel on the ground. Please post it. Or send it to me and I will post it. And please tell me why your face looked so fresh after looking at that 10 minutes of torture. And why you wrote a cutesy post about it as if you were pleased that you got to see a celebrity and scoop some video.

"It's news to me that my article that you gave a generally positive review last year, and that your husband gave 'a solid A-" was meant to trash you.'"

Well, you need to think a lot harder about a lot of things. You are quite unsophisticated, and I don't particularly enjoy embarrassing you because you are or were a UW student and I am a teacher. See if you can figure out why we addressed your article like that. See? I'm a teacher. I'm trying to teach you to think better. I'm sure you know you were trying to trash me and I am sure your colleagues at the Isthmus knew that and I'm sure the folks around the law school saw it that way. Now, be a man and admit that, and then go back and think through why Meade and I patronized you the way we did.

Voir Google.

Voir dire — the juror selection process — is transformed by Google.
While interviews suggest that Internet vetting of jurors is catching on in courtrooms across the nation, lawyers are skittish about discussing the practice, in part because court rules on the subject are murky or nonexistent in most jurisdictions. Ten law firms and five jury consultants declined requests from Reuters Legal to observe them building juror profiles, many saying they weren't sure judges would approve. "Lawyers don't know the rules yet," said John Nadolenco, a partner at Mayer Brown in Los Angeles. "It's like the Wild West."
Is this wrong? An invasion of the juror's privacy? It's so easy to do that it seems to me that making a rule against it is unfair to honest lawyers. (Cue the typical jokes.) I'd say get used to it. This is the world we live in. The information that's out there is out there. Deal with it.

IN THE COMMENTS: bagoh20 says:
I hope it catches on. I'll never have to sit on a jury again. 
Pogo says:
Fake posts implicating jurors and cops and witnesses will escalate.
Paddy O says:
I used do tweet to amuse me, now I'm hoping it'll excuse me.
If twits do tweet, then raps aren't beat.

Tuesday, February 22, 2011

Jesse Jackson & Tammy Baldwin hold court in the Wisconsin Capitol.



Meade got the video today, and even gets in a question. I did the editing.

"So here’s what over 20 years of law teaching does to a man."

Oh, no!

"Judge Gladys Kessler of Federal District Court for the District of Columbia became the third appointee of President Bill Clinton, a Democrat, to reject a constitutional challenge to the Affordable Care Act."

"Two other federal district judges, both appointed by Republican presidents, have struck down the law’s keystone provision, which requires most Americans to obtain health insurance starting in 2014."

It's starting to look like a pattern.

Mayor Rahm.

Good luck!

Governor Walker's Fireside Chat.



This was on the radio just now. I thought Walker did an excellent job of articulating his side of the controversy.

Come to "University of Wisconsin Law School 'Teach-in' on the legal and political issues raised by the Governor’s Budget Repair Bill."

All are welcome. Wednesday, February 23, 2011. 6-8 pm, Room 2260 at the UW Law School:
This academic forum seeks to provide insights into the dramatic developments that have followed the introduction of the Governor’s Budget Repair Bill from an historical, legal and political perspective. All are welcome.

Speakers:
Professor Carin Clauss, Law School
Professor Donald Downs, Political Science
Professor Will Jones, History
Professor Andrew Coan, Law School
Professor David Cannon, Political Science
Professor Neill DeClercq, School for Workers, UW Extension

Chair:
Professor Heinz Klug, UW Law School
It's called a "teach-in" in the email that was sent around but a "forum" at the law school website.

At the Wisconsin Capitol today.

Photos by Meade (who also took a long video of the Tammy Baldwin/Jesse Jackson procession).

P1070076

P1070081

P1070084

The taped-on message there is: "If you voted for Walker, then you voted for Nazism."

"It's quite striking the way almost every lie the left ever told about the Tea Party has turned out to be true of the government unionists in Wisconsin and their supporters."

James Taranto explains it all.

"[H]ow do we make sure law schools can teach people to think like lawyers when our hiring criteria increasingly privilege people who do interdisciplinary and empirical rather than traditional legal scholarship?"

Asks lawprof Stephen Bainbridge (via Instapundit):
When we hire people with mediocre law credentials just because they're good at running regressions or have a PhD? Or when the PhDs we hire went the law route either because law schools pay more or because they didn't have the chops to get a top job in their home discipline. Or when the PhDs we hire went the law route either because law schools pay more or because they didn't have the chops to get a top job in their home discipline.

If we were still trying to hire folks because they were EIC of a top law review, head of their law school class, had a good clerkship, and some experience in a top law firm doing real law, I'd be more confident of our ability to teach people to think like lawyers instead of teaching them to think like mediocre statisticians, sociologists, philosophers, economists, or what have you.
A question that hits hard here in Wisconsin.... where, incidentally, we're involved in a big dean search and — check it out — that salary is excellent. And you may have heard about the pension and health insurance benefits we've got here....

But wouldn't it be funny to test the dean candidate with Bainbridge's question?

"Am I the only one that looked at this and thought 'Oh my God, David Spade is having a stroke?'"

Heh.

"Who'll get in more trouble -- the guy who wasn't spreading salt, for his egregious waste of the city's time and gas, or the guy who was spreading salt, for double-salting and dangerous multitasking?"

Roy Edroso asks some good questions. I have one for him: What would he say if he were looking at 8 minutes of raw footage showing 2 large municipal vehicles cruising around the square blaring horns in apparent support of a big Tea Party rally?

"About 300 students, staff and parents returned to East High School on Monday marching side-by-side with civil rights activist Jesse Jackson..."

"... who later urged them stay in school, vote and support their teachers."
"I can't think of a better way to come back home to school than to walk with the students and Jesse Jackson," said Sarah Motl, a social studies teacher at East.
ADDED: I think the best way to come back to school is to be there in the normal place at the normal time and to launch into the assigned material in the normal way — with a bit more briskness and good cheer than usual. Don't say a thing about politics. Give the students exactly what it is your duty to give them: a great education designed to serve their needs and interests, not yours. And don't delude yourself or try to bullshit anyone else with manufactured, self-serving theories about how the sickout and protest presents a wonderful "teaching moment" that ought to take up class time.

What can/should the Wisconsin GOP legislators do while the Democrats are off hiding in Chicago?

The NYT reports:
Starting Tuesday, those [Democratic] senators, who are in Illinois, will have to watch from afar as Republicans continue the work of governing without them, taking up matters from the mundane to the controversial.
“By not being here, they’re basically deciding to let things go through the body unchecked,” said Scott Fitzgerald, the Senate majority leader. “They’re not here to represent their constituents. We’re here to work.”...

In Wisconsin, the issues scheduled for consideration in the Senate on Tuesday were routine: an appointment by the governor, tax breaks for dairy farmers and a resolution commending the Green Bay Packers for their Super Bowl victory. But Mr. Fitzgerald said more significant legislation could also be in play, including a bill requiring voter identification that Democrats strongly oppose.

Gov. Scott Walker, in comments delivered against the din of the raucous protesters gathered outside his office, praised the Senate Republicans for the move, which he said he hoped would entice the Democrats home. “It’s time for them to come back and participate in democracy,” Mr. Walker said.
You know, it really was rather smart of the Republicans to let the protest/exile peter out over time. The teachers couldn't keep canceling school, and the group at the Capitol will, more and more, be UW students/TAs and old Madison lefties with more radical slogans. The legislators-in-hiding look more and more ineffectual and more and more Chicago. I don't think these developments are increasing political support around the state.

Meanwhile, Walker and his GOP cohort are waiting patiently — it only takes a few days — to get going working on the state's problems.
“They can vote on anything that is nonfiscal,” said Senator Jon Erpenbach, a Democrat, from his hotel across state lines. 
(There's a Senate rule that requires a larger quorum for fiscal matters. The Republicans need one Democratic senator to return to give them that quorum.)
“They can take up their agenda; they can do whatever they choose to do.”

Mr. Erpenbach said that his caucus was determined not to return until the restrictions to collective bargaining were off the table. But he worried aloud about what legislation could emerge in the meantime.
What legislation should the Republicans put on the agenda? They have the votes to pass things with or without the Democrats, so the question might be: What do they want to do that will be especially convenient to do without Democrats around to pester them? Or: What are the things that, if done without the Democrats' participation, will most hurt the Democrats politically? Or: What issue will prompt at least one Democrat to return, thus enabling them to get to the fiscal matters?

UPDATE: Concealed carry, voter ID, race-blind admissions in the University of Wisconsin system...

"Keep your eyes open for the Ann Althouse cameo appearance at 1:20."

Ha.

(You can have that hat if you like it. It's a classic man's fedora.)

A professor is forced to resign after making a racist remark: Is he more likely right-wing or left-wing?

"A political science professor at Murray State University has resigned after telling an African American student that she didn't show up early to class because slaves were always late."

I see that the first commenter there says: "Another asshole, undoubtedly a Republican/TeaPartier."

My guess is exactly the opposite. What would possess a professor to say something like that? From my long experience with  professors, I think it is the left-wing professors who: 1. Feel confident in their own goodness on racial issues, 2. Analyze events in terms of race, 3. Think up "critical theory"-type explanations that explore ideas about racial difference, 4. Imagine that it's clever to express these ideas out loud, and 5. Are capable of making the mistake of thinking that the students will know that they are good people who do racial critique that is supposed to be understood as an attack on white people.

A "Republican/TeaPartier" is much more likely to be strongly committed to color-blindness. Ironically, that's something that, in academic circles, can quite easily get you called a racist. (Try asking a lefty lawprof about Chief Justice Roberts's statement that "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.")

Anyway, the professor in this incident is named Mark Wattier. The school is Murray State University. I haven't checked into what his actual political propensities are or what he really had in mind when he said whatever he said that is being reported the way you see it in the linked article. My motivation to write this post was the commenter's reflexive assumption that Wattier displayed right-wing ideology. That is absurd.

***

I noticed that story because John McWhorter and Glenn Loury are talking about it on Bloggingheads. Their discussion centers on whether the student is "lowering" herself by requesting an apology.