In New Hampshire, criminalizing political speech

Kelly Ayotte

New Hampshire Republicans have hit upon a novel idea to help U.S. Senate candidate Kelly Ayotte: lock up a pollster hired by one of her opponents for the crime of engaging in political speech.

According to the New Hampshire Union Leader, the state GOP, chaired by Gov. John Sununu, has asked Attorney General Michael Delaney to investigate an allegation of push-polling by a pollster hired on behalf of Democratic congressional candidate Paul Hodes.

Push-polling is the practice of asking leading, negative questions of a rival candidate’s likely supporters. According to the Union Leader, respondents who identified themselves as leaning toward Ayotte were asked about her alleged inaction regarding a mortgage scandal that unfolded when she was New Hampshire’s attorney general and her deletion of e-mails when she stepped down from that office.

The Union Leader found that the calls were made on Hodes’ behalf by Mountain West Research, an Idaho-based polling firm hired, in turn, by Anzalone Liszt Research, a national outfit whose clients include Hodes. The Hodes campaign hasn’t exactly denied the allegation.

Now, as it happens, negative push-polling is illegal in New Hampshire unless the pollster identifies the candidate on whose behalf the call is being made and provides some other information as well. That means someone — an executive of one of the polling firms, or perhaps even Hodes himself — could be found to have broken the law.

It’s not clear what the maximum punishment could be. The Union Leader reports that the top penalty is a $1,000 civil fine. But an Associated Press story that appears in today’s Boston Globe reports that Associate Attorney General Richard Head says a violation could also carry with it a one-year prison term.

The law itself is an affront to freedom of speech, and so is the Republican Party’s attempt to use it to silence the opposition. Push-polling is a sleazy, underhanded campaign tactic — which means that it’s exactly the sort of political speech the First Amendment was designed to protect.

We await Boston Herald columnist Howie Carr’s take on all this.

Photo (cc) by Travis Warren and republished here under a Creative Commons license. Some rights reserved.

An injustice rectified

The U.S. State Department has finally granted Colombian journalist Hollman Morris a visa so that he can study at the Nieman Foundation, the Harvard Crimson reports. (Via Romenesko.)

Earlier story.

Update: Dan Feder discovers that the Crimson has posted a correction, and that Morris doesn’t actually have his visa yet.

Update II: Boston.com is now reporting (late Tuesday morning) that Morris has officially been granted a visa.

A morally repugnant ban against a journalist

Hollman Morris

This past March, Media Nation celebrated when Secretary of State Hillary Clinton reversed a Bush-era ban on South African scholar Adam Habib, who had been prevented from traveling to the United States on unproven and undocumented charges that he was somehow tied to terrorism.

Now the Obama administration — and Clinton’s State Department — are doing what appears to be exactly the same thing to Hollman Morris, a Colombian journalist. Morris, the Washington Post reports, was recently denied a visa to enter the United States so that he could spend a year at Harvard University as a Nieman Fellow.

Morris is not exactly a favorite of Colombian President Álvaro Uribe, a right-wing strongman with a miserable human-rights record. The Uribe government has accused Morris of playing nice with the FARC, a left-wing guerrilla movement whose viciousness is beyond question, and which the U.S. government regards as a terrorist organization. By most accounts, though, Morris is guilty of nothing but practicing journalism — which, in Uribe’s eyes, is bad enough.

Not to get all conspiratorial, but it should be noted that the Clintons have longstanding ties to Uribe. In fact, when then-presidential candidate Clinton’s chief political strategist, Mark Penn, was thrown overboard in April 2008, it was over his own unsavory dealings with the Uribe government.

What makes the ban against Morris especially repugnant is that, according to the Spanish news agency EFE, his and his family’s safety has been threatened, and he has been living “under protection” for quite some time. Now the Obama White House has placed him in even greater peril. Fortunately, Morris is currently traveling in Europe, and it sounds like he has no plans to return home anytime soon.

The ban against Habib appeared to be based on nothing more than his outspoken opposition to the war in Iraq — hardly a novel view. The exclusion prevented Habib from speaking at an academic conference in Boston, a circumstance that led to a 2008 Boston Phoenix Muzzle Award for Condoleezza Rice and Michael Chertoff, then the secretaries of state and homeland security, respectively.

Likewise, in the absence of any evidence from the Obama administration, it appears that the ban against Morris is motivated by nothing more than a desire not to offend Uribe and the incoming president, Uribe protégé Juan Manuel Santos. Needless to say, Hillary Clinton is an early contender for a 2011 Muzzle.

More coverage: Nieman Foundation curator Robert Giles recently wrote an op-ed piece for the Los Angeles Times on Morris’ behalf. The Boston Globe editorialized against the ban. Joshua Benton of the Nieman Journalism Lab has a good round-up of other coverage. And we discussed the Morris case last Friday on “Beat the Press,” on WGBH-TV (Channel 2).

Yes, casinos hurt local businesses

The Boston Globe’s Jenifer McKim today reports that Robert Goodman, an expert on casino gambling, believes a proposed casino and slot-machine emporium at Suffolk Downs would harm local businesses.

“No serious economic impact analysis has been done in Massachusetts,” Goodman tells McKim. “More money is going to be sucked out of the local economy.”

But aren’t casinos supposed to be good for the economy?

In fact, the negative effect described by Goodman is so well-known that Glenn Marshall, the disgraced former chairman of the Mashpee Wampanoag tribe, reportedly promised business owners in Middleborough that he would give them money to offset the harm that would be done by the casino the tribe had proposed for that town. (The tribe recently dropped the long-dormant Middleborough scheme in favor of a site in Fall River.)

According to a story by Alice Elwell in the Enterprise of Brockton in September 2007, Marshall had promised local business leaders that he would “help” if the casino harmed restaurants in town. Selectman Wayne Perkins was quoted as saying this would have taken the form of “comp points” — scrip given to casino visitors that could be used at Middleborough businesses, which in turn could trade them in for cash. (The original link seems to be broken, but I wrote about it at the time.)

A casino is a self-contained economic machine that sucks money out of customers who might otherwise spread it around at local businesses, a fact Marshall backhandedly acknowledged in promising “comp points.” It then funnels the cash to high-rolling investors — and, of course, to the state, which is why Beacon Hill is now on the verge of approving this monstrosity.

The Globe’s corporate cousin, the New York Times, editorialized on Monday:

Casinos are a magnet for tainted money and promote addiction, crime and other ills….

The state’s politicians should also stop chasing gamblers. At a time when casino revenue is slumping across the country, it doesn’t even make economic sense. They need to make hard decisions on taxes and spending, and focus on developing stable industries, improving education and working their way to growth. If they keep holding out for a false jackpot, everyone will lose.

The Globe editorial page, by contrast, has been consistently if cautiously pro-casino. Too bad. As the region’s dominant media player, the Globe could exercise some real leadership on this issue.

Photo (cc) by Jamie Adams via Wikimedia Commons.

Presenting the 13th annual Phoenix Muzzle Awards

Just in time for your Fourth of July celebrations, we present the 13th annual Muzzle Awards, published in the Phoenix newspapers of Boston, Portland and Providence.

Starting in 1998, I’ve been rounding up enemies of free speech and personal liberties in New England, based on news reports over the previous year. For the past several years my friend and occasional collaborator Harvey Silverglate has been writing a sidebar about free speech and the lack thereof on campus.

Yes, Sgt. James Crowley of the Cambridge Police Department makes the list for his failure to understand that you shouldn’t arrest someone who’s done nothing wrong other than mouth off to you in his own home. So does former Newton mayor David Cohen, who should not seek a second career as a newspaper editor. So does the MBTA, a hardy perennial.

But my personal favorite is the Portland Press Herald, whose editorial page came out in support of a proposal by the Falmouth Town Council to clamp down on the right of residents to speak out at council meetings. When the council itself unanimously voted against the proposal several weeks later, citing free-speech concerns, the newspaper found itself in the bizarre position of showing less regard for the First Amendment than elected officials.

On Friday at 9 p.m., I’ll join Dan Rea of WBZ Radio (AM 1030) to talk about the Muzzles and anything else that might come up.

Sarah Palin’s disgraceful tweet

The last thing I thought I’d be writing about this morning was Sarah Palin. But there are times that the former Alaska governor is so out of touch with reality, and so self-righteously obnoxious about it, that she needs to be called out.

Here’s why. On Sunday, White House chief of staff Rahm Emanuel appeared on ABC News’ “This Week.” As you might expect, Emanuel had some fun at the expense of U.S. Rep. Joe Barton, R-Texas, who had apologized to BP chief executive Tony Hayward for the $20 billion “shakedown” to which President Obama had subjected his poor, suffering company. Republican leaders later forced Barton to apologize for his apology.

Emanuel told “This Week” host Jake Tapper that Barton, far from being an outlier, was expressing mainstream Republican thought:

That’s not a political gaffe, those are prepared remarks. That is a philosophy. That is an approach to what they see. They see the aggrieved party here as BP, not the fishermen.

Fair? Good lord, yes. Because even before Barton planted his foot firmly in his mouth, the Republican Study Committee, comprising 115 House members (about two-thirds of all House Republicans), had referred to the fund as “Chicago-style shakedown politics,” as Washington Post columnist E.J. Dionne and many others have pointed out. (Here is the committee’s full statement.)

In other words, you will not find a stronger case of a politician’s nutty utterance being tied to the clearly expressed views of his party.

Which is where Sarah Palin comes in. Here is what she wrote on her Twitter feed:

RahmEmanuel= as shallow/narrowminded/political/irresponsible as they come,to falsely claim Barton’s BP comment is “GOP philosophy”Rahm,u lie

What Emanuel said on Sunday, based on anyone’s reading of the evidence, was as fair and as true as anything he has ever said. And Sarah Palin is a disgrace.

A political speech that fell short

I wasn’t sure why President Obama decided to deliver his first Oval Office speech on the oil disaster in the Gulf of Mexico. I’m even less sure now. If he had been in the habit of giving regular White House news conferences, this would have been an ideal occasion for him to make a 10-minute statement and take questions. Instead, he raised expectations and failed to meet them. It was an entirely political speech, driven by perceived political need.

Understand that I’m talking about rhetoric, not reality. In fact, I don’t have a huge problem with the way the federal government has responded for two simple reasons: It didn’t cause the explosion, and it can’t stop the gusher. Those are the facts. Everything else pales in importance.

I’ll be rounding up media reaction for the Guardian tomorrow morning. No doubt the right will hammer him. Based on the initial reaction of Keith Olbermann, Chris Matthews and Howard Fineman on MSNBC, it looks like liberals are going to hammer him as well. It’s going to be an interesting morning.

Go Celtics!

Drip, drip, drip, drip

Boston Globe reporter Donovan Slack ferrets out more details about how Cape Cod congressional candidate Jeff Perry handled a child-molesting police officer under his command two decades ago.

The key takeaway involves then-Wareham police officer Scott Flanagan’s strip-search of a 14-year-old girl near a cranberry bog in 1991. Perry, then a sergeant on the force, was on the scene. (Flanagan also strip-searched a 16-year-old girl on a different occasion. Perry was not present, but accompanied Flanagan on a controversial visit to the girl’s parents’ home later that night.)

Last month, Donovan notes, Perry said he saw nothing with respect to the 14-year-old: “It did not occur in my presence.” Yet that contradicts what Perry said at the time, according to Donovan, who writes:

But in sworn testimony in a deposition for civil suits filed by the two girls’ families, Perry said he was in a position to have seen and heard everything and that it did not happen, according to a law enforcement specialist, Lou Reiter, who reviewed Perry’s deposition, wrote a report, and testified for one of the plaintiffs.

Flanagan later confessed that he had strip-searched both girls, pleading guilty to criminal charges. The contradictory statements — Perry saying nothing happened, and Flanagan later admitting it did — led Reiter to conclude that Perry was “not being truthful.’’

Perry, a Republican state representative from Sandwich, is hoping to succeed Democratic congressman Bill Delahunt, who’s retiring. But who’s that knocking at the door? Why, it’s former state treasurer Joe Malone, who’s running against Perry in the Republican primary.

Earlier coverage.