Criminalizing Political Speech

CATCHING UP
Today I played a game of catch-up with myself, plowing through a few newspapers that I had permitted to ferment too long on my coffee table.  It was in the Saturday/Sunday, October 11/12, 2014 edition of the Wall Street Journal - the best thing I read each day - that I found on the Opinion page a commentary by David B. Rivkin, Jr. and Andrew Grossman titled, "Criminalizing Political Speech In Wisconsin".  Those of you who subscribe to the Journal can just click on that title and log in.  The rest of you will just have to be satisfied with my observations.  And, you can read a summary of the case HERE, if you wish.

ATTORNEYS
Both authors are attorneys with the firm of Baker Hostetler LLP.  Rivkin served in the Justice Department and the White House Counsel's Office in the Reagan and George H.W. Bush administrations.

HELLO!  WHAT'S THIS?
I cannot quote much verbatim from the article without violating their copyright, but it begins with this paragraph:

"The criminalization of politics is bad enough - just ask Texas Gov. Rick Perry - but a new turn to target citizens as well threatens to permanently warp our political discourse.  Like it or not, federal courts will have to intervene to uphold Americans' First Amendment rights against win-at-any-cost politics"

Well, the title plus that paragraph got my attention, as you might imagine.

SCOTT WALKER'S SUPPORTERS

The article primarily covers a recent  attempt aimed at Wisconsin Governor Scott Walker and his supporters, including baseless criminal charges and extraordinary investigations apparently aimed at suppressing their constitutionally-guaranteed right of free political speech.

Apparently, in May a district court in Wisconsin blocked investigations of some of Walker's supporters that were "viewpoint-based retaliation for the advocacy in support of Gov. Walker's agenda in blatant violation of their First Amendment rights".

However, in September an appeals court reversed that decision on the view that federal courts have no business interfering in state criminal investigations.

UH-OH...
The article ends with the following statements:

"After Wisconsin, the temptation to use the law as a political weapon may prove irresistible.

The casualty is citizens' ability  to speak out on matters of public importance and interact with their elected representatives, rights which are at the very core of the First Amendment's protections.  Federal courts exist to enforce federal rights, particularly when they are under siege by state officials.  If the federal judges shirk that duty, it will only embolden those bent on misusing criminal law to silence their opponents."

STIFLES CRITICISM...
My thoughts turned to our current situation in Costa Mesa, where our mayor, Jim Righeimer, has systematically attempted to quash criticism by bifurcating public comments at council meetings, forcing many of those who wish to address their elected leaders on items they feel are important to themselves and the community to cool their heels until the very end of the meetings.  That means that a person might be expected to arrive at 6:00 p.m., dutifully fill out a comment card, then learn that the random luck of the draw has placed him at the end of the pack - that they were not one of the lucky 10 speakers permitted to address the council while the audience is relatively full and the folks watching at home are still attentive.  No, they will have to wait until very end of the meeting - many times that means past midnight - to speak their piece.  More than a few have chosen to leave rather than stick around, which accomplished Righeimer's goal of quashing criticism.

...AND INTERRUPTS
Additionally, the mayor has frequently chosen to interrupt speakers, taking big chunks of their valuable 3 minutes to ask questions or just throw them off their pace.  Yes, he frequently says he will add time for them, but the deed is done.  Folks not experienced with public speaking get rattled, lose their train of thought and their message is garbled and lost.

I KNOW FIRST HAND...
Beyond that, and more in tune with the Wall Street Journal article, I have been on the receiving end of warnings from the mayor's lawyer in the past, telling me I couldn't speak about three items in his background - even though I had NOT done so and had NO plan to do so.  I was threatened with a lawsuit if I did address those three issues.  This is known as a SLAPP lawsuit - Strategic Lawsuit Against Public Participation.  It was a chilling experience and caused me to pause.

CAN'T HAVE IT BOTH WAYS...
However, shortly thereafter Righeimer himself began to speak out on the issues, so I contacted that attorney and told him he couldn't have it both ways - that I can't address the issues but his client can.  I then began to address those issues as I felt appropriate and heard not another word from the lawyer.

BULLYING
This was my first personal experience with the bully that is Jim Righeimer, but it certainly was not my last.  Since then I've watched him on the dais bully, chide, berate, interrupt, vilify and threaten more than one speaker.  I've seen him complain about how long public comments took, then go on 30 minute rants of his own, sucking up valuable council time.

NOT SUITED FOR THE JOB
With each passing meeting it is more and more clear that Righeimer is not suited for public office.  He uses his position of power exactly as a dictator uses it.  He knows he has three votes, so doesn't even bother with the formality of presenting issues for discussion - he just decides what he wants to do, then does it.

IT'S TIME FOR A CHANGE
It's time for the voters of this city to return control of their government to mature, thoughtful leadership.  It's time to return control to elected leaders who will listen to their constituents - all of them, not just a select few.  It's time to show Righeimer the door and elect two mature, experienced leaders.  It's time to end the oppressive, dictatorial reign of Jim Righeimer and elect Jay Humphrey and Katrina Foley to the Costa Mesa City Council.

Leadership Tips

AS THE MAYOR'S EVENT APPROACHES...
As we approach Costa Mesa Mayor Jim Righeimer's self-aggrandizing "Mayor's Celebration" - a dinner with the theme, "The Art of Leadership", to be held the evening of May 8th, I thought an article I read in the Wall Street Journal last Tuesday, April 29th, might be timely and enlightening.

THE BEST STUFF I READ...
As I've said many times, The Wall Street Journal is the best publication I read regularly.  The news is thorough and presented well - and timely.  The editorials, most of which are conservative, are also well-written.  The columnists are superb and the contributing commenters are usually excellent - experts in their fields.

A VIEW FROM EXPERTS
With that as a preamble, I read the commentary by Barry Glassner (President and professor of sociology at Lewis & Clark College) and Morton Schapiro (President and professor of economics at Northwestern University) titled "Leadership Tips for College Presidents and CEOs".  I figured these two gentlemen just might know a thing or two on the subject - they did - so I'll share a thumbnail version for you here and hope I don't violate their copyright along the way.

A DOZEN BITES...
Their commentary was broken into a dozen segments.  I'll give you the titles and snippets of their message for each.  I think you'll find them relevant to circumstances in Costa Mesa today.  I may offer a personal observation in bold red type.

1 - Think first, talk later.  Everything you say will be taken literally.  Don't ever think you're "off the record".  Apparently learned very slowly.

2 - Talk less, listen more.  Do not offer a grand plan before one exists.  Yep!

3 - Show up.  Every constituency wants you to be physically in the room on important occasions.

4 - Engage veteran employees.  You want them on your side and you'll learn from them.  Boy, ain't that the truth!

5 - Don't ignore the staff.  In companies, they are the face of the business.  In municipal government, too!

6 - Customers want to be consulted.  It is better to tell someone you have thoughtfully considered his or her suggestion than to give the impression you don't care.  This should ring a few bells....

7 - Answer nearly all messages.  This relates to the previous point.

8 - Use the board of trustees or directors.  The board is your boss, and if you don't like that, then keep your resume up to date.  Presume the "board" is your constituency - the residents.

9 - Community relations matter.  Bad relations with the local community can interfere with everything - building projects, programming, the provision of public services.  Maybe the most important point made in this commentary!

10 - Don't take things personally.  Many bad things are going to happen and you will be blamed for most of them.  Don't beat yourself up, and remember that things are never as bad as they look.

11 - Don't believe the hype.  Things aren't as good either.  Hyping short-term success can undermine long-term progress.  Maybe the second most important message...

12 - Don't neglect your health.  Reserve time to enjoy your life.  Act like a president and take control of your schedule.  Words for us ALL to live by...

SEND IT TO HIZZONER...
There was much more to this commentary, but I think my edited version captures the tone.  Now, since the mayor says he doesn't have time to read "the blogs", will someone please send him the link to this one?  Thanks...

A Broader View Of Dictators

THE "JOURNAL" IS THE BEST
The Wall Street Journal is the best publication I read on a daily basis.  It provides a breadth of national and international coverage and the best commentaries and editorials, period.  Those of you who also subscribe will likely agree with me on this.

STEPHENS ON HUNTINGTON
Today columnist Bret Stephens published a column titled, "What Samuel Huntington Knew", which can be read online HERE if you spend the bucks to subscribe.  Learn about Huntington HERE.

DICTATORS
Of course, I'm not going to attempt to give you the whole story, but it deals with the fall, and subsequent apparent rise, of dictatorial forms of government around the world, using contemporary venues and players as examples.  It's quite excellent and, as you probably suspect, got my attention.

WHAT IF...?
Stephens tells us that Huntington, whom he describes as "the great Harvard political scientist", asked the question in 1991, "What would happen if the American model no longer embodied strength and success, no longer seemed to be the winning model?"  He tells us that the world seemed to be embracing democracy, capitalism, etc.

"THE PEOPLE" WANTED DICTATORS
Then he describes the resurgence of dictators, citing middle eastern and Europeans as an example.  And he folds in Russia, too, and indicates that "the people" seemed to want it that way.  He goes on to describe the ebb and flow of government models and - here's my punch line - includes this paragraph near the end:
"At some point the momentum will shift back. That, too, is inevitable. The dictators will err; their corruption will become excessive; their cynicism will become transparent to their own rank-and-file. A new democratic wave will begin to build."

AH, HA!
I read that paragraph and the light went on.  Then went back and re-read the entire essay again.  As I did so I found myself contemplating parallels to some of the dictatorial behaviors described to some of the circumstances we find ourselves facing here in Costa Mesa.

SIMILAR
No, "our" dictator hasn't killed millions of people, but neither have most of the rulers described in the essay.   He does share many of the authoritarian characteristics of those men, though.

OUR "CHANGE" CANNOT WAIT...
Stephens punch line is that things change, and that it might take five years - or fifty.  I choked on that last part.  Our change needs to happen now - this year - by sending "our" dictator packing and replacing him with those who can actually govern this city with an even hand and not a personal political agenda.

Fay Vincent In The Wall Street Journal

EXCELLENT ADVICE
Yesterday in the Wall Street Journal Fay Vincent -  former Commissioner of Major League Baseball, CEO of Columbia Pictures Industries, Inc., and Executive Vice President of Coca Cola - presented an opinion piece titled, "Ten Tips for New Executives", which can be read HERE if you subscribe to the Journal online.  You may be able to find it with a Google Search and sneak behind the paywall.

FIND THE WHOLE ARTICLE
Assuming (bad word, that one!) that most of you DO NOT subscribe to the Wall Street Journal, I'm going to try to give you the flavor of Vincent's excellent piece without violating the copyright.  The Wall Street Journal is the best thing I read each day, with consistently well-researched and well-written articles and the best editorial page by far.

LESSONS LEARNED
Vincent suggests that some things he's learned along the way in his long and illustrious career might be helpful to folks just climbing the executive ladder by presenting to us 10 things he wished someone had given to him when he was 40.  I'll give you the short version of them:

1 - The less you confide in others in the organization, the better it will go for you.

2 - Be sure to manage down.  Be decent to everyone.

3 - Leadership is a full-time job and the duty clock is never off.  Be especially careful about what you put in writing, especially emails - they never disappear.

4 - Keep listening to and for advice.

5 - The wisecrack you believe is witty often is not.  Never joke about serious matters.

6 - The important thing is to be sure that the important thing remains the important thing.

7 - Never complain; never explain.  No one listens.

8 - Trust your professional advisers and accept their expertise.

9 - Be careful about the use of the word "average" - one can drown in a river the average depth of which is six inches.

10 - Never do or say anything that you would be unhappy to see written about on a newspaper front page.  The only worthwhile public response to a crisis is honesty.

WORTH CONSIDERING...

So, there you have it.  He said much more under each item, but that is the Cliff Notes version of his excellent advice.  As I read down his list I couldn't help but mentally check off some of those items as I contemplated my business life.  I also mentally underscored a few of them as they apply to certain local elected leaders.