Thursday, July 19, 2007

Self-Defeating Hostility Toward Third Parties

July 19, 2007, 6:30, 7:25, 9:30 a.m.

[Below: Third Parties; Wellmark/Pomerantz; UI Grants; Road to Nowhere]

Opposition to Third Parties and Electoral Reforms

The Third Party “Threat”

While the bickering regarding Wellmark's effort to buy a University of Iowa college continues (see links below), the biggest news this morning involves a baby step away from Iowa's reputation as one of the most third-party-hostile states in the nation. Jason Clayworth, "Iowa Voter Registration Forms to Include Third Party Groups," Des Moines Register, July 19, 2007. Editorial, "Letting Us Register for Small Parties Good for Democracy," Iowa City Press-Citizen, July 19, 2007, p. A9. The State had to be sued to finally agree to do the decent thing, but at least the case is now behind us.

Professions of support for "democracy" to the contrary notwithstanding, the two major parties have historically opposed voting -- even for their own candidates -- especially by the poor.

True democracy has almost always been resisted by those in power. Most of those said to be the fathers of our democratic system, those who drafted the Declaration of Independence and Constitution, agreed with John Jay that, “Those who own the country, should run it.”

It is a view still widely held today by those in power.

Recall that at the beginning of our nation women could not vote. African-Americans could not vote. White males who did not own land could not vote. And no one aged 18, 19 or 20 could vote.

When I was going to college in the South in the 1950s voters were taxed. We had to pay to go to the polls. It was called a “poll tax.” Many community and business leaders profited politically and economically by discouraging the poor and working poor from voting.

None of the expansions of the franchise was freely given. Each had to be fought for with grassroots people’s movements – from marching in the streets to, in one case, a civil war. For one description of the price paid by some of the women requesting women's right to vote, see Connie, Schultz, "A Short History Lesson on the Privilege of Voting; And You Think It's a Pain to Vote," Cleveland Plain Dealer, February 19, 2004.

But ultimately these expansions of our democracy were won. We’ve yet to go so far as Australia and other countries to encourage voting by taxing those who don’t vote, but at least we no longer tax those who do.

As a result of this expanding electorate, today’s establishment has to be much more inventive in devising ways of holding on to power, including coming up with innovative ways of discouraging the poor from voting.

There isn’t much one can say in favor of the poll tax except for its almost total absence of hypocrisy. It made clear upon its face that its purpose was to significantly discourage, if not prevent, voting by those for whom the expenditure of a dollar or two was a matter calling for some considerable deliberation. Since poverty was disproportionately the lot of southern African-Americans the racist motives of poll tax enthusiasts was also not hidden from view.

Since the repeal of the poll tax, “those who own the country,” to quote John Jay once again, have become somewhat less honest in their efforts to limit the franchise to themselves. They simply oppose any and all proposals that might make it easier for the poor and working class to register and vote: leaving the polls open for 24 hours, in fact any effort to extend the hours for voting; a guaranteed right of leave with pay for purposes of voting, or declaring election day a national holiday; making it possible for any citizen to register new voters and help them to vote absentee; more clerks for shorter voter registration lines; early voting at satellite polls in supermarkets and malls; and registration where drivers licenses are issued (“motor voting”).

Discouraging voters from participating in the affairs of the two major parties is one thing. But it is the prevention of the rise of third parties that is an even more serious matter.

As the 19th Century New York City political Boss William Tweed is credited with having said, “I don’t care who does the electing just so long as I do the nominating.”

So long as there are only two political parties those who control those parties’ purse strings can maintain their control of the nation by continuing to do the nominating.

The opposition to third parties by “those who own the country” is understandable. For it is third parties that have brought the American people most of the political and social progress we enjoy today – much of which has come at the expense of the wealthy. That kind of progress was fought at every turn by those controlling the two major parties, often with the aid of local police and national guard in ways that left demonstrators dead, injured and bleeding.

Ultimately one or the other of the two parties would adopt the proposal of a third party as its own, but only at the eleventh hour when its failure to do so would have seriously harmed the party’s political power and influence.

Third parties are a proud tradition in America -- and, ironically, especially in Iowa's early history.

After the Civil War the Democratic Party came to be controlled by big business and the wealthy. It didn't do much for poor farmers. Disenchanted Democrats organized the People's Party.

By 1912 many Republicans were disgusted with big business control of their party. Those dissidents formed the Progressive Party.

James B. Weaver of Iowa was a third party nominee for president in 1892.

It turns out that most of the progress in this country has been opposed by both of the major parties. It has come about only when third parties have pushed the agenda and picked up enough popular support that they could no longer be ignored.

That's how we got regulation of banks and railroads, a progressive income tax, the eight-hour workday, direct popular election of U.S. senators, workers' compensation, and limitations on child labor. Yes, it is third parties we must thank for the women’s right to vote, antitrust controls over the worst of corporate abuses, the minimum wage, the fact that we’re not all working weekends, safety in the workplace, workers’ right to organize and bargain with employers, safe foods and medicines, social security, civil rights – the list goes on. (See, e.g., the outline notes of Professor Donald R. Shaffer, University of Northern Colorado.)

So you can see why “those who own the country,” and today control both major political parties, would want to do all they can to prevent this kind of agitation and progress.

Opposition to Third Party Electoral Reforms

Both parties, and those who fund them, oppose at every turn any and all reforms that would permit more third party participation. The so-called Presidential Debates Commission is in fact an exclusive club for Democrats and Republicans, who have for the most part successfully prevented the American people from ever seeing third party alternatives to their nominees. They even oppose proposals that would eliminate the threat to them of what they persist in calling “spoilers.”

(Both parties, with their sense of entitlement to exclude all others from the political process, have the chutzpah to characterize anyone with the nerve to think they can also run for public office -- without the major parties’ permission -- as a “spoiler.”)

“Fusion,” “proportional representation,” and “instant runoff” are just some of those proposals for electoral reform.

Fusion is a system that permits a third party to endorse, as its candidate, the nominee of another party, usually one of the two major parties. New York has this system. Without it President Reagan would not have beaten Jimmy Carter in New York. Carter, as a Democrat, had more votes than Reagan got as a Republican. So how did Reagan carry the state? The Conservative Party in New York had also nominated Reagan. And the votes of the Conservative Party members, when added to the votes of the Republicans, gave Reagan New York.

(Why would a third party want to do this? Because in some states in order to retain legal status as a “party,” with a right to appear on election ballots, it is necessary to receive a certain number, or percentage, of votes in the last election. (This is what the morning news reports has been changed in Iowa. Of course it took a long-dragged-out lawsuit against the State of Iowa by the ACLU to get it -- little as it is.) By nominating the major party candidate that comes closest to the positions of the third party’s members it can attract more votes for “its” candidate than by nominating an (often unknown) member of their own party.)

Proportional representation can take many forms in this country and around the world. But, as the name suggests, it gets rid of the “winner takes all” system. It insures that some proportion of, say, the members of a legislative body will represent minority parties.

With instant runoff the Democrats would have carried Florida in 2000.

Assume it is true, as diehard Democrats contend, that all of Ralph Nader’s voters would have, but for his candidacy, voted for Al Gore. Under the present system they had to choose. Given only one choice, their choice was Nader. With instant runoff they could have voted for both; Ralph Nader as their first choice, and Al Gore as their second choice. When their first choice didn’t win their Nader votes would have been recalculated, using their second choice votes. Al Gore would have won.

For more on democratic, innovative, alternative voting systems see, e.g., the resources of the Center for Voting and Democracy.

(In fact, Florida exit polls indicated that 25% of Nader’s supporters were Republicans, and 37% said that, but for his being on the ballot they wouldn’t have voted at all. Over 250,000 Florida Democrats voted for Bush, multiples more than the 37,000 Democrats (38% of 97,000 total Nader votes) who voted for Nader. Had the corporate-oriented Democratic Leadership Council and its candidate appealed to, and been able to hold, its own party members Gore would have won in a walk. These numbers square with CNN’s exit polling that Nader’s voters included 2% of those registered as Democrats, 1% of those registered as Republicans, and 6% of those designating themselves as independents. But I don't rely on these numbers for a description of "instant runoff" because taking the Democrats false assertions as fact makes a stronger case for the procedure. Whichever numbers are used, there is simply no rational reason for the Democratic party to fight these third party proposals since, often as not, they would enable the Party to win elections it would otherwise lose. Notwithstanding that reality, it opposes them anyway -- on principle, I guess.)

So what’s a voter to do? One of the things you can do is to work for innovative, more democratic, voting systems that increase the choices of voters, enable third parties, and often as not help the major parties as well.

Iowa has now -- though it had to be sued to do it -- taken one small baby step in that direction. Hopefully, it is but the beginning of a walk across the state to a third-party-friendly, innovative, approach to politics and elections of which all Iowans could be proud.

# # #


"And the beating goes on . . ."

Erin Jordan, "Oust Dean for Rejection of Gift Pomerantz Says,"
Des Moines Register, July 19, 2007.

It's sad.

Marvin Pomerantz, a former President of the Iowa Board of Regents, influential businessman, and exceedingly generous benefactor of the University of Iowa as well as many other Iowa institutions, is continuing to behave in ways that are eroding the good name he has built up over the years.

* He was a major player in the idea of naming the UI College of Public Health the "Blue Cross Blue Shield Wellmark College of Public Health" in exchange for a take-it-or-leave-it purchase price of $15 million. (Naming colleges for corporations is virtually unprecedented at American universities, and certainly at the University of Iowa.)

* The "wink-and-nod" procedure in which he was involved was so lacking in transparency and participation by the College's -- and University's and Regents' and Iowa's -- stakeholders as to produce a lengthy analysis of its impropriety by the Governor's chief lawyer.

* When the College's faculty wished to discuss alternatives -- even some that would have involved including "Wellmark" in the College's name -- Pomerantz (and Wellmark CEO Forsyth) in a revealing display of petulance and sense of entitlement said "our way or the highway" and insisted the "gift" was withdrawn.

* When negotiations seemed to open up the possibility of reconsideration after the arrival of the new UI President, Sally Mason, some 10 days from now on August 1, Pomerantz said the University couldn't have that much time. As Erin Jordan reports this morning, "Pomerantz said the gift offer may expire before the semester begins. 'I don't think it will be out there until the fall,' he said Wednesday." (I believe he earlier insisted it should be resolved before President Mason arrives.)
Now his most recent petulant outburst involves a series of ad hominem attacks on the College's Dean Jim Merchant:

"We need to pay him off and get him out of there," Pomerantz said of Jim Merchant, . . ..

"I think the new president will take care of the dean. He needs to go," Pomerantz said Wednesday.

. . .

"He's saying all kinds of crazy things," Pomerantz said Wednesday "It simply isn't true."
Not only is Pomerantz' behavior unseemly and unbecoming someone of his stature, in this case he's really picked the wrong guy for an ad hominem attack. Erin Jordan's story continues,
Faculty members said his record as dean of the fledgling college speaks for itself.

"In a few short years, he's taken a department in the College of Medicine and made it into a college," said Charles Lynch, a U of I epidemiology professor and director of the State Health Registry of Iowa. "He's gotten full accreditation, and he's increased the number of faculty."

The College of Public Health's faculty, staff and graduate students generated $39.7 million in grants and contracts in the fiscal year that ended June 30, which is about 10 percent of the U of I's total $382.2 million in external funding.

John Finnegan Jr., dean of the University of Minnesota's School of Public Health, said Pomerantz's comments about Merchant are "over the top."

"Mr. Pomerantz can disagree with Dr. Merchant all he wants, but trashing Dean Merchant is just ridiculous," Finnegan said Wednesday.

Merchant "is one of the most respected deans of the 40 schools of public health in this country."
Moreover, I wasn't there but based on my past experiences with Jim Merchant it would be my guess that, ironically, he was probably one of the coolest heads caught in the middle of all this, trying to work out something to Pomerantz' satisfaction.

For Marvin Pomerantz' own sake -- not to mention that of the University -- someone close enough to him to "speak truth to power" should let him know the harm he is doing to himself.

# # #

Meanwhile . . .

Erin Jordan, "Grants to U of I, UNI increase from 2006; The USDA's withdrawal of several grant proposals from bills hurt Iowa State," Des Moines Register, July 19, 2007.

# # #

Iowa's "Road to Nowhere"

In an effort to outdo the State of Alaska -- which boasts its "bridge to nowhere" -- the Iowa Transportation Commission has set aside $3 million for an Iowa "road to nowhere" -- namely the indoor rain forest that doesn't exist, in Pella or anywhere else.

So Iowans will be able to drive there, even though "there is no there there" at the nonexistent "Earthpark." (Don't you miss State29? I do. Try to imagine what he would have done with this one.)

Darwin Danielson, "DOT Allocates Money for Roads to 'Earthpark,'"
Radio Iowa, July 18, 2007.

# # #


Wednesday, July 18, 2007

Welmark, UIHC, Gambling & Gilchrist

July 18, 2007, 6:00, 6:40 a.m; 3:40 p.m.

Here are some of the stories that showed up on my radar screen this morning:

Wellmark

READ THIS --> James Larew, "Brief to Governor Chet Culver and Lt. Governor Patty Judge Regarding Wellmark Naming Controversy," reportedly sent to Board of Regents President Pro Tem David Miles on July 2, and provided by the Press-Citizen Online July 18, 2007.

Brian Morelli, "Culver Lawyer Criticizes Naming Deal; Pomerantz Says Faculty Must Act Fast," Iowa City Press-Citizen, July 18, 2007, p. A1.

Diane Heldt, "Pomerantz Says Faculty Must Act Quickly on Gift," The Gazette, July 18, 2007, p. B3

Erin Jordan, "U of I moves to reconsider Wellmark gift; Faculty had rejected the $15 million offer, tied to renaming a college for the insurer," Des Moines Register, July 17, 2007 (with 8 forceful comments -- supporting the faculty's rejection of the name -- as of 6:00 a.m. July 18).

Erin Jordan, "Wellmark Offer for U of I May Not be Dead," Des Moines Register, July 16, 2007.

Jonathan Van Dyke, "Wellmark Gift May Not be Dead," The Daily Iowan, July 18, 2007.

Gerald Kuhl, "Wellmark Should Return to Insurance Roots,"
The Gazette, July 18, 2007, p. A4.

UIHC Reorganization

Anne Tanner, "UIHC Decision Strikes Sour Note,"
Iowa City Press-Citizen, July 18, 2007, p. A11.

Geri R. Hall, "New UIHC Model a Step Backward,"
Iowa City Press-Citizen, July 18, 2007, p. A11.

President Sally Mason

Ashton Shurson, "Mason Highlights Security," The Daily Iowan, July 18, 2007.

Gambling Our Way to Economic Prosperity

Rod Boshart, "More Gamblers Seeking Help to Quit," The Gazette, July 18, 2007, p. A1

Mary Gilchrist

Brian Morelli, "Atchison's Job at Hygienic Lab Made Permanent," Iowa City Press-Citizen, July 18, 2007, p. A1.

Taxes, Democratic Process and Corporate Welfare

David Yepsen, "Project Destiny At Least Provided Some Lessons,"
Des Moines Register, July 17, 2007 (with 17 lively reader comments as of 6:00 a.m. July 18).

War Games and Peace Games

The other day I referred to the movie "War Games." This morning on NPR's "Morning Edition" there is a segment on a new computer game called "Peacemaker" that enables players to explore possible solutions to the Palestine-Israel 60-year-long conflicts. Streaming audio of the piece is now available; a transcript of it soon will be (from the same linked page).

Great Ape Trust

Jason Pulliam, "DM Students Will Meet the Apes," Des Moines Register, July 17, 2007.

# # #

Tuesday, July 17, 2007

Wellmark, Rape and Murder

July 17, 2007, 6:10, 6:45, 7:45 a.m.

My Fairness Doctrine column in this morning's Gazette, below

Wellmark Naming; Wellmark Reorganization?; Eastern Michigan

The possibility of future, further negotiations with Wellmark is back in the news. The insurance company -- now under attack from the popular movie "Sicko" (along with the "unhealthy insurance industry" generally and Big Pharma) -- wants to buy the name of, and positive association with, the UI College of Public Health. Initially rejected by the faculty, it now appears to be a possible agenda item after President Sally Mason arrives.

(As Michael said in his email this morning, "once you add up what you pay for out-of-pocket in premiums, deductibles, co-pays, overpriced medicines, and treatments that aren't covered . . . we, as Americans, are paying far more than the Canadians or Brits or French are paying in taxes. We just don't call these things taxes, but that's exactly what they are.")

Brian Morelli, "UI Faculty to Rethink Naming; Will Meet Early in the School Year,"
Iowa City Press-Citizen, July 17, 2007, p. A1.

Diane Heldt, "Faculty Shifts on Naming Gift,"
The Gazette, July 17, 2007, p. A1.

Diane Heldt, "Universities Grapple with Corporate Funding,"
The Gazette, July 17, 2007, p. A1.

Not waiting for Sally is UI vice president for medical affairs Jean Robillard, who is putting in place a total reorganization of the billion-dollar-hospital and related UI units with himself in charge two weeks before she arrives. The Press-Citizen asks: Why now?

Editorial, "Why the Hurry with Hospital Reorganization?"
Iowa City Press-Citizen, July 17, 2007, p. A11.

Brian Morelli, "UI Reorganizes Health System," Iowa City Press-Citizen, July 17, 2007, p. A1.

Patrick Muller, "Headine Misses Mark on UIHC," Iowa City Press-Citizen, July 17, 2007, p. A11.

One might also ask, what has been Wellmark's role in this reorganization plan? It is inconceivable that it would not have an interest in the matter. (I earlier reported its involvement in the details of Des Moines hospitals; we've heard what is alleged to have been its role in the departure of Dave Skorton; and we've recently seen its display of petulance and a sense of entitlement regarding the naming of the College of Public Health.) Was it involved? Was there some aspect of the prior organization -- or administrative personnel -- that was not to its liking?

While we're getting answers to the questions posed in the Press-Citizen's editorial we might try to find the answers to some of these questions as well.

Meanwhile, as one president arrives another is fired and departs. The controversy at Eastern Michigan University offers more insight into the vast array of ethical problems confronting President Mason -- and every other president of what was formerly a "public university" -- as America's higher education stumbles down the path to privatization and corporatization.

I earlier blogged at length about the hundreds of examples of ethical dilemmas, and conflicts of interest, that will confront President Sally Mason after her arrival -- in an age in which university presidents, like athletic coaches and deans, must increasingly consider the impact of their decisions on fund raising (including the impact of increases, or decreases, in enrollment on the revenue stream called "tuition"). See Nicholas Johnson, "Greed, Conflicts, Cover-Ups and Corruption" in "Conflicts, Cover-Ups and Corruption," June 26, 2007, and Nicholas Johnson, "More on 'The Name Game'" in "Name Game & Other Moral Dilemmas," July 4, 2007.

I asked how far the UI should be willing to go in naming buildings, colleges -- indeed the university itself -- for corporations; never knowing at the time we'd soon be confronting such a decision. I also wrote, "How candid should she be about, or should she even acknowledge at all, a potential scandal that could deal a blow to fund raising?" -- never anticipating there would soon be what could be an example of that ethical dilemma at another university.

That may have been precisely the question confronting the recently-fired president of the University of Eastern Michigan. The facts are not totally clear, and it did seem a bit precipitous for the school's board of regents to fire him before he'd even had an opportunity to present his side of the story. But what is alleged is that following what is now apparently conceded to have been a rape and murder of a female student, he and other administrators took the public position, and told the parents, that there had been no foul play.

After all, it does tend to discourage efforts to increase enrollment -- and that tuition revenue stream -- to have it known that parents' daughters risk rape and murder if they choose to attend your university.

Jeff Karoub, "3 E. Mich. Administrators, Including President, Forced Out," Detroit Free Press, July 17, 2007.

And that's why this blog entry is named, "Wellmark, Rape and Murder." The case studies from the University of Iowa and the University of Eastern Michigan are each but sub-sets of a much larger issue: the ethical dilemmas created, and confronting university administrators, as formerly public universities' missions are transformed from (a) promoting students' education and professors' independent research into (b) more formal relationships as the subsidiaries of corporate America and the adoption of its profit-maximizing practices and acceptance of its funding.

Fairness Doctrine
Nicholas Johnson, "In Media Concentration Age, Fairness Needed More," The Gazette, July 17, 2007, p. A4.

Here is the column as submitted, precisely the 600 words requested, with [bracketed] indications of changes, and additional comments of mine in italics. (Let me make clear that I appreciate The Gazette's willingness to run this response to its attack on the Fairness Doctrine at all, as I also appreciate the little editorial improvements they, or anyone editing any of my writing, provide. But some of the substantive deletions and alterations were such that, in order to clarify what I was trying to say, I thought it useful to present the column as submitted as well as the link to the paper's version.)

Fairness Still Needed
The Gazette has editorially denounced re-introduction of the FCC’s “Fairness Doctrine” as inappropriate regulation (“Beware of ‘Fair’ in Talk on the Air,” July 10). The paper is nonetheless willing to comply with its spirit by letting this former FCC commissioner say a word on its behalf.

[This entire lead paragraph was deleted. The Gazette substituted the following: "Recent arguments by some political leaders to reintroduce the Federal Communication Commission's Fairness Doctrine are not inappropriate, as some critics claim. As a former FCC commissioner, I offer a word on the doctrine's behalf."

I had used that lead because it involved and illustrated a substantive point, central to the piece, as well as being cute: It's not hard to comply with the Fairness Doctrine, and professional journalists do it as a matter of course -- including those at the Gazette in this instance. The fact that the column was also a response, of sorts, to a Gazette editorial -- and providing a citation to that editorial for the benefit of any interested reader -- also seemed relevant to me.]

When radio was but a toddler in the 1920s broadcasters asked for and received government regulation. They wanted licenses to limit the number of their competitors – and signal interference. Iowa’s Herbert Hoover, then Secretary of Commerce, held radio conferences that led to the Radio Act of 1927 (later re-enacted as the Communications Act of 1934).

As one 1920s congressman presciently observed, “American thought . . . will be largely at the mercy of those who operate these stations [and] woe be to those who dare to differ with them.” From these concerns came the “equal opportunity” provisions for political campaigns, and the FCC’s “Fairness Doctrine,” ultimately enacted by congress.

Even had there been no industry request, regulation proved to be essential. There are still more people wanting to broadcast than there are frequencies. So station operators aren’t "owners." They’re limited-term licensees with a statutory requirement they serve "the public interest, convenience and necessity." Government involvement in choosing licensees makes their stations a kind of "public forum." As the Supreme Court has said for broadcasters (but not newspapers) the First Amendment requires some provision be made for a range of views. The Fairness Doctrine is one way to do that.

The Fairness Doctrine only required two things professional journalists do anyway: (1) report on controversial issues, and (2) present a range of views. Moreover, controversy builds viewership and increases profits. So what’s the problem? For most broadcasters there wasn’t any.

Procedure was simple. [This sentence was deleted.] Viewers’ serious fairness complaints were forwarded to stations for response. Most were dismissed. Worst “punishment”? Put on additional programming – for which the station picked subjects, formats and spokespersons. No one ever lost a license solely for Fairness Doctrine violations. It wasn’t very intimidating. [This last sentence was deleted.]

No view however outrageous was “censored.” [This sentence was deleted. I thought this point important because critics, including The Gazette in its editorial, argue that the Doctrine has been, and would be, used to "muzzle" or "censor" individuals and views the FCC didn't like. Ironically, not only is this assertion false, but the contrary assertion is true: it is the broadcasters who, according to the Supreme Court, have as a part of their First Amendment right to speak a First Amendment right to censor views they don't like -- limited only, as it once was, by the Fairness Doctrine the Supreme Court approved. ] The Doctrine is not about being “fair.” Neither “balance” nor “equal time” is mentioned. The Supreme Court found it didn’t cause broadcasters to avoid controversy.

The doctrine doesn’t apply to an individual program, like Rush Limbaugh, just licensees. (1) He’s a programmer, not a licensee. (2) Besides, the doctrine doesn’t deal with licensees’ individual programs, only their total, overall programming need comply. The Fairness Doctrine couldn’t touch Rush’s opinions – [let alone cancel his show. -- The Gazette substituted "or his show." Of course, Fairness Doctrine critics argue that the reason advocates want it reinstated is because they want Rush Limbaugh off the air; so I thought reference to the fact the Fairness Doctrine would not enable anyone to "cancel his show" was relevant.]

Are there more information sources today? Yes, but (1) there are far fewer owners, (2) the major networks are still most Americans’ news source, and (3) “the ideas of the marketplace” (advertiser-supported stations) do not make a “marketplace of ideas” or provide much diversity.

[I can express personal views in my blog, and do -- as do millions of others. But 100 times more people will see this column. And millions more will watch a network news program tonight. -- The Gazette deleted this paragraph.]

There are now five or six mega-media firms controlling most of the world’s media. And not just newspapers and television. They also control movies, music, cable, video games and most of the other media in our mediated lives.

Don’t worry, we won’t get a new Fairness Doctrine. Those firms are too politically powerful.

But we should. [There has always been a need for broadcasting’s Fairness Doctrine. But -- This substantive sentence -- albeit my own personal opinion -- was deleted by The Gazette.] with the media concentration in today’s marketplace the need is, if anything, even greater. Without a Fairness Doctrine, as Herbert Hoover and the Congress were wise enough to see 80 years ago, and any observant American can see today, “woe be to us.”
_______________
Former FCC Commissioner Nicholas Johnson teaches at the University of Iowa College of Law and blogs at FromDC2Iowa.blogspot.com, where his own Fairness Doctrine permits readers' contrary views.

# # #

Monday, July 16, 2007

Updates: Sicko, Wellmark, UIHC, Search, Prisons, Bikes

July 16, 2007, 6:15, 6:45, 7:45 a.m.

Updates: Sicko, Wellmark, UIHC, Search, Prisons, Bikes

Sicko

Marcy and Ed Rolene, "Thank You to Dean, Faculty," Iowa City Press-Citizen, July 16, 2007, p. A9 ("We drove to Cedar Rapids to see 'Sicko.' It confirmed what many Americans already believe. Health insurance companies look out for their bottom line, not for the health of the public.")

"The health of the public?" "Public health?" Hmmm. Could there be a connection here? Has Wellmark been moved to generosity by a Michael Moore movie? Was "The Wellmark College of Public Health" a preemptive strike, designed to associate "health insurance company" with "public health" in a positive way in the public's mind at the same time "Sicko" is being watched by millions of Americans?

"Sicko" very powerfully documents the role of insurance companies in denying Americans health care under our system -- not to mention their lobbying and campaign contributions designed to deny Americans the kind of health care system enjoyed by citizens of countries who are provided the benefits of universal, single-payer systems. Those countries provide their citizens health care for all, free to the recipient, at a lower cost to the society to cover all than we pay to cover some, with better results in terms of public health generally, including longer life expectancy and lower infant mortality rates than we have.

Anyhow, although the Rolenes had to drive to Cedar Rapids to see the film, Iowa City residents -- living as we do in what the Marcus Theaters considers a little, backwater, rural Iowa town -- will actually be able to give the theater chain our money to see "Sicko" locally this Friday, I'm told.

No health care delivery system is perfect -- not ours, not those of other countries. But I challenge anyone to watch that film with an open mind, from start to finish, and then explain to me why they still think the system we have is on balance better than the systems offered the citizens of the rest of the industerialized world. Elected public officials should be forced to watch "Sicko" -- and then report to the world how much money they've taken from the insurance and big pharma industries.

The Wellmark College of Public Health: "Gift" or Shrewd "Advertising Buy"?

Talk about being defensive! The following sounded more like the wild and crazy ranting of a deranged blogger from inside an insurance company board room than something that would come from an editorial board room: "pointless academic principles," "sudden attack of the ethical heebie-jeebies," "drum roll please," "interesting that the college was OK accepting the corporation's lavish gift, but apparently only as long as the outside world was unaware of the source." (Of course, no one ever said "the outside world" should be "unaware of the source" of the gift. Such gifts are always acknowledged with public announcements -- unless the donor wishes for them to be anonymous. That had nothing to do with the issue, which was the possible adverse consequences of an unprecedented naming of a University of Iowa college for a corporation.) I think the "thistle" should have been awarded to the Register, not the University. "Roses & Thistles: Iowa School of Public Hypocrisy," Des Moines Register, July 15, 2007, p. OP 1.

Press-Citizen's Single-Subject Op Ed Page: "Naming Right Draws Passionate Responses," July 14, 2007, p. A 15

Gregs G. Thomopulos, "No Strings Are Attached to Wellmark's UI Gift"
[Thomopulos is a Wellmark board member]

Jim Lewers, "How Much is $15 Million? A Lot, But That Doesn't Matter" [So far as I've been able to discover this column is nowhere available on the Press-Citizen's Web site.]

Letters:

Peter Hansen, "Possible to Sell Out the Entire University"

Garry Kuhl, "Time for Wellmark to Return to Origins"

Kembrew McLeod, "A 'Gift' Should Have No Strings Attached"

Mike Woodhouse, "How Does Wellmark Have All That Cash?"

Wendy Luxenburg, "Faculty Decision Was the Right One"

UI Governance, UIHC, Wellmark, President

Brian Morelli, Dean Says UIHC CEO Role Being Stripped; Documents Show Insiders' Concerns," Iowa City Press-Citizen, July 14, 2007, p. A1

"Gary Fethke E-Mail to James Merchant" [June 5, 2007], Iowa City Press-Citizen, July 14, 2007

"Katen-Bahensky Letter to Gary Fethke"
[December 5, 2006], Iowa City Press-Citizen, July 14, 2007

I have no idea what this is all about -- except that I imagine, as the captain of the Titanic discovered with regard to icebergs, that there is probably a good deal more below the surface than above.

There are some really tough governance and organizational issues here. So I'm left with general observations based on my administrative and managerial experience.

* When everybody is in charge, nobody's in charge. There's a value to having clean lines of responsibility with as few levels of reporting as possible -- up to and including the near-flat organization.

* There's no magic organizational alternative to good rapport among humans who like and respect each other and "play well with others." As much as one would sometimes like to "get the humans out of the loop," as it was phrased in the 1983 movie, War Games, as that film demonstrated we can't do it all with computers -- or with organization charts.

* The devil is in the details -- not in the organization charts. As Maritime Administrator I made a point of interviewing as many of the thousands of employees as possible about the details of their work days. That's the level at which meaningful "re-organization" -- not to mention improvements in morale -- needs to be done. It's a sub-set of MBWA -- management by walking around. When MARAD later became part of a "reorganization" effort the boxes were moved from the Department of Commerce to the Department of Transportation -- by individuals who had never set foot in the agency. The organizational issues I had earlier spotted and resolved -- or not -- were simply moved from one cabinet department to another without ever being addressed in the process. I have no way of knowing, but I would not be stunned to discover that the UIHC and College of Medicine could benefit from the kind of reorganization effort I put in at MARAD -- before addressing the design of the boxes on their organization charts.

UI Presidential Search

Diane Heldt, "Presidential Search to Cost UI $315,000," The Gazette, July 14, 2007, p. A1

Brian Morelli, "Second President Search Cost Over $81 K,"
Iowa City Press-Citizen, July 14, 2007

Prisons for Our Mentally Ill

Jennifer Hemmingsen, "Special Needs Unit Unveiled,"
The Gazette, July 14, 2007, p. B1

Rachel Gallegos, "Oakdale Unit Meets Prison Health Needs," Iowa City Press-Citizen, July 14, 2007, p. A3

Bicycling

Kathryn Fiegen, "Bike Riders Go the Distance and Eat All Along The B-Eat-en Path; Better Bikes Have Cyclists Traveling for a Bite to Eat,"
Iowa City Press-Citizen, July 15, 2007, p. A1

Rachel Galegos, "'Tour de Brew' Rides Across Eastern Iowa; Official Says Event's Attendance has Doubled Over Every Year Held," Iowa City Press-Citizen, July 15, 2007, p. A3

# # #

Sunday, July 15, 2007

Benefits & Joys of Bicycling

July 15, 2007, 11:45 a.m.

Note: If there is any reason why you might want to know this, within the past 24 hours [from the morning of July 16] someone has kindly translated the following into German.

Bicycling: Introduction

Thirty-six years ago, caught up in the environmental movement of that time and enjoying my 15 minutes of fame, I decided to see if I could contribute to creating a year in which more bicycles than automobiles would be sold in America. (The goal was achieved.)

I had reported somewhere (somewhere I can't now find on the Internet) that the average automobile driver invests 1500 hours a year in their automobile. That includes the driving, visits to the gas pump, mechanic, motor vehicle and driver's licensing agencies -- and the hours it takes to earn the money to pay for the vehicle, gas and oil, repairs, insurance, taxes and licensing. At that time the average driving distance was 7500 miles a year. Thus, I argued you were only making 5 miles an hour with this arrangement -- a speed you could have walked in the same time once in good condition. Clearly, the reduced cost, and increased speed, of bicycling make it the benefit-cost "best buy."

Bicycling is very much in the news these days as well. We had "Bike to Work Week," "Live Earth" caused some reflection about the impact of internal combustion engines (and the pedal power alternative), and next week will be the 35th year that a population of bicyclists (larger than most Iowa towns, including some they pass through) will traverse the State of Iowa from the Missouri to the Mississippi River in an annual event called "RAGBRAI."

All told, I thought it might be interesting to some readers to see for the first time (or re-read) a brief example of what I was writing about bicycling 35 years ago.

The joys of bicycling became a major part of an article I wrote for the Saturday Review of Literature at that time. Nichiolas Johnson, "Test Pattern for Living," Saturday Review, May 29, 1971, p. 12. A year later it had become a book by the same name, Nicholas Johnson, Test Patter for Living (New York: Bantam, 1972) (available in full text from one of my Web sites).

Being the early 1970s and all, the Introduction was sheet music and each page of text (the odd numbered pages) was juxtaposed with a page of quotes (on the even numbered pages) related to the text. The bicycling material from the Saturday Review became Chapter 7, "Antidote to Automobiles." (Should anyone care, the pagination from the book is retained, as immediately below with "# p. 110#.")

Here it is, beginning with the first, even-numbered, page of quotes:

Antidote to Automobiles


# p. 110 #

We might have to slow down a little or perhaps even sit quiet occasionally to develop better taste. One can't think very deeply at 70 miles an hour.
-C. E. Warne


My new pattern requires renting new cars at the airports as needed. I am progressively ceasing to own things, not on a political-schism basis, as for instance Henry George's ideology, but simply on a practical basis. Possession is becoming progressively burdensome and wasteful and therefore obsolete.
-R. Buckminster Fuller


When you drive a car, you drive a reflection of your self. And, in the case of the 1971 MGB, it's a reflection of someone very special.
-MG advertisement in Time

# # #

# p. 111 #

So far, we have approached alternate life styles almost in terms of hedonism: What feels best for you? What will remove the pain of living in a corporate state -- other than the drug life (whether alcohol, tranquilizers, or others) that only brings more ultimate pain? But what we so often discover is that the very products, activities, and attitudes that make you feel better also have significant social advantages: They use less of our nation's precious natural resources, they pollute less, they make less noise, they add to the pleasure of others, they enable each of us to live in a society in which we can grow in individual worth and fulfillment, they are more aesthetically pleasing, they make for better citizenship, and they are even more economical. Take bicycles, for example.

I ride a bicycle -- not because I hate General Motors but haven't the courage to bomb an auto plant. I don't do it as a gesture of great stoicism and personal sacrifice. I am not even engaged, necessarily, in an act of political protest over that company's responsibility for most of the air pollution by tonnage in the United States. It's like finally giving up cigarettes. You just wake up one morning and realize you don't want to start the day with another automobile. Cigarette smoking is not a pleasure, it's a business. In the same way, you finally come to realize that you don't need General Motors, they need you. They need you to drive their cars for them. You are driving for Detroit and paying them to do it. Automobiles are just a part of your life that's over, that's all. No hard feelings. You've just moved on to something else. From now on you just use their buses, taxis, and rental cars when they suit your

# p. 112 #

The most natural form of locomotion, walking has been In use since before the Invention of the wheel and the discovery of fire. Reliable and totally non-polluting, it offers convenience -- no parking, no cost. Invigorating, it promotes health and gives you the chance to think.
-Paul Swatek


Automobiles insulate man not only from the environment but from human contact as well. They permit only most limited types of interaction, usually competitive, aggressive, and destructive. If people are to be brought together again, given a chance to get acquainted with each other and involved in nature, some fundamental solutions must be found to the problems posed by the automobile.
-Edward T. Hall


ANNOUNCER: Sidney spent Sundays shelling at the seashore. Then Sidney started digging the Mustang -- the great original . . .. Now Sidney's making waves all over. Last week he saved three bathing beauties. (And they all could swim better than Sidney!) Only Mustang makes it happen!
-a television commercial

# p. 113 #

convenience. You don't keep one for them that you have to house, feed and water, insure, and care for.

You ride a bicycle because it feels good. The air feels good on your body; even the rain feels good. The blood starts moving around your body, and pretty soon it gets to your head, and, glory be, your head feels good. You start noticing things. You look until you really see. You hear things, and smell smells, you never knew were there. You start whistling nice little original tunes to suit the moment. Words start getting caught in the web of poetry in your mind. And there's a nice feeling, too, in knowing you're doing a fundamental life thing for yourself: transportation. You got a little bit of your life back! And the thing you use is simple, functional, and relatively cheap. You want one that fits you and rides smoothly, but with proper care and a few parts it should last almost forever. Your satisfaction comes from within you, not from the envy or jealousy of others. (Although you are entitled to feel a little smug during rush hours, knowing you are also making better time than most of the people in cars.)

On those occasions when I am not able to cycle through the parks or along the canal -- because the paths are rough with ice or muddy from rain or melting snow -- bicycling enables me to keep closer to the street people: folks waiting for buses or to cross streets, street sweepers, policemen, school "patrols," men unloading trucks. Needless to say, you cannot claim any depth of understanding as a result of such momentary and chance encounters, but by the time I get to the office I do somehow have the sense that I have a much better feeling for the mood of the city that day than if I had come to my office in a chauffeur-driven government limou-

# p. 114 #

On a different speed scale, bicycles could move 2.8 times as many people per amount of space. If a bicycler can make 10 miles an hour, the car would have to exceed 28 mph to rack up more passenger miles on the same system of streets. But the New York City average speed for cars during rush hour is only 8.5 mph, 13 mph on the feeder roads. It's a fact that today in many cities you can make better time aboard a bicycle than in a car.
-Paul Swatek


Make your second car a bicycle.

Consider the advantages that the bicycle has to offer -- low cost, no pollution, and convenient to park.

For under $50 you can get a bicycle fitted with enough trimmings to make it practical for going shopping and carrying a small child. The cheapest car costs about thirty times that.

A bicycle is also inexpensive to operate, maintain, and insure.

Bicycles are quieter than any form of motorized transportation, produce no pollution, and use up no fuel.

A bicycle takes up about 1/30th the parking space of a car.

In city traffic today, the bicycle is often faster than the car or bus.

Bicycles give the rider the sort of healthy exercise that many Americans usually do not get.

Riding a bicycle makes it possible to get a better appreciation of a beautiful day, or a pleasant ride through the park.

. . . The New York Times quoted a 32-year-old millionaire who pedals up Fifth Avenue to social engagements in a dinner jacket as explaining, "It's much easier than fussing with a chauffeur."
-Paul Swatek

# p. 115 #

sine. Although I am willing to brave the traffic and exhaust, I am aware it is dangerous. I think bicycles ought to be accorded a preferred position in the city's transportation system. At the very least, they deserve an even break.

Notice that bicycle riding also has some significant social advantages over the automobile. Cars unnecessarily kill sixty thousand people every year, permanently maim another one hundred and seventy thousand, and injure three and a half million more. The automobile accounts for at least 60 percent of the total air pollution in the United States by tonnage -- as high as 85 percent in some urban areas -- and 91 percent of all carbon-monoxide pollution; it creates about nine hundred pounds of pollution for every person every year. One million acres of land are paved each year; there is now a mile of road for each square mile of land. The concrete used in our Interstate Highway System would build six sidewalks to the moon. Even so, everyone is familiar with the clogged streets and parking problems -- not to mention the unconscionable rates charged by the parking garages. Automobile transportation is the largest single consumer of the resources used in our nation's total annual output of energy. It is an economic drain on consumers -- in no way aided by auto companies that deliberately build bumpers weaker than they were fifty years ago in order to contribute to an unnecessary bumper-repair bill in excess of one billion dollars annually.

The bicycle is a model citizen, by comparison.

The bicycle does not kill or maim; it does not pollute; it does not deplete natural resources; it makes no noise; it takes a great deal less space; and it is very much cheaper. (You can buy a brand new bicycle for

# p. 116 #

Commuting by bicycle? Is this some kind of put-on? It may sound like a joke to motor-minded America, but in the rest of the world nobody is laughing. In countries that are willing to take it seriously, the bicycle [is] transportation. Switzerland, for example, which traditionally places a high value on peace of mind and purity of air, has more bicycles than automobiles. In Amsterdam -- a national capital with roughly the same population and climatic conditions as Washington, D.C. -- 150,000 people ride bikes to work every day. Hundreds of thousands more commute by bicycle in other European cities. The same is true in much of Africa and Asia.
-Thomas R. Reid, III


This year an estimated 10 million bicycles will be sold, compared to a projected 8.6 million new cars.
-Friends of the Earth

# p. 117 #

little more than what it costs to operate an automobile for two weeks.) Although the bicycle makes a direct assault on four great problems that plague the modern city -- traffic, noise, parking, and pollution -- urban planners have overlooked it in their search for solutions to the urban transportation crisis.

It is more than ironic that America can invest so much stock faith and rhetoric in the competitive marketplace of commerce and yet ignore the "marketplace of ideas" (to use a phrase by Mr. Justice Holmes) by tolerating the television monopoly that is used to merchandise Detroit's peculiar dreams of the appropriate automotive life style -- with all that life style's attendant social ills. My own commission, the Federal Communications Commission, has been instrumental in encouraging broadcasters' censoring off the airwaves the messages from ecology groups (like Friends of the Earth) that would cry out against the urban devastation being wrought by Detroit's automobiles. (The FCC decision, fortunately, has been substantially reversed by the U.S. Court of Appeals.) In perhaps one of the greatest advertising overkills of all time, we Americans are being grossly oversold an automotive product and life style (bigger, faster, sexier cars) that we neither need nor may really want, and that will surely eventually kill us with its exhaust by-products and lethargy-induced heart attacks, if it does not get us first in a crash. This may serve the corporate profits of the automotive, oil, steel, cement, and road-building industries, but it is shortchanging the American people.

There are other ways to get around.

# # #


It's nice to see such thinking coming back in style a little over a generation later. Now if only we could substitute a system of public financing of elections for our "best legislators money can buy" they, too, could act upon such common sense and solve our multiple problems simultaneously: wars for oil in the Middle East, with their attendant disproportionate share of the federal budget, global warming, heart disease and obesity.

# # #


Saturday, July 14, 2007

Lady Bird


December 22, 1912-July 11, 2007

Lady Bird Johnson, one of the ablest of the great women it has been my pleasure to know, beautiful in every sense of that word, spread that beauty throughout our county with everything from the Head Start program to Interstate Highways lined with flowers instead of billboards.

This picture, from the Lady Bird Johnson Wildflower Center Web site, was taken at the LBJ ranch in 1966 -- the year her husband sent me to the Federal Communications Commission.

See, e.g., Kelley Shannon, "Former First Lady Lady Brd Johnson Dies," Washington Post, July 11, 2007.

A private funeral service is being held this afternoon, July 14, in Austin.

# # #

Friday, July 13, 2007

Copyright, Fair Use, Blogging & Other Items

July 13, 2007, 6:00 a.m., 12:15 p.m.

Other Items & Updates, below

Copyright, Fair Use, and Blogging

We are about to lose a very creative and productive blogger from the blogosphere. It appears that his decision to close down the blog may have been prompted by what he may have viewed as an intimidating threat of legal action from an Iowa newspaper.

I don't know what the facts are beyond what the blogger has reported. I don't know the paper's side of the story, and I've never communicated with or even known who the anonymous blogger is anyway. So, as we used to say in Texas, "I don't have a dog in that fight," and I'm deliberately not identifying the parties.

The blogger reprints the email from the newspaper. Here are some excerpts:
"You may link to our site, but you cannot post more than 3-4 sentences of the story on your site.

As the copyright owner of that article, [the paper] has the exclusive right to its reproduction and distribution. We therefore ask that you immediately remove the posted article from your website and cease any and all further use of the material. Any continued posting or use will be considered willful copyright infringement.

Within 24 hours of your receipt of this email, you should . . . [confirm] that: . . . 2) you will not engage in any further unauthorized copying of [this newspaper's] materials.

If you do not take the steps outlined above, this matter will be turned over to our attorneys for further action."
I don't want to get into a lengthy legal analysis about this for a variety of reasons. (a) Even -- or perhaps especially -- from the perspective of the newspaper I think it's in no one's best interest to make a federal case out of this. The issues I find most interesting, and significant, are other than "legal" in the usual sense. (b) If it were to become a legal case the outcome would turn on an interpretation of the "Fair Use" doctrine -- which is notoriously ambiguous and difficult to predict and apply (though my instinct is that the blogger in question is well within its protections). (c) It doesn't make a lot of sense, as the old saying has it, "to get in a fight with someone who buys printer's ink by the barrel."

But a little legal background is necessary to understand the non-legal issues.

Copyright law, with its foundation in the Constitution, is expressed in terms of both an "end" and a "means."

The end, purpose, or goal is "to promote the progress of science and useful arts." Art. I, Sec. 8. One of the ways in which that progress is promoted is through the ability to use the prior work of others -- a work of history drawing upon prior historical accounts as well as research in original documents; using the story lines and themes from earlier novels or plays; improving upon a prior invention; parodies of songs; scientific research that begins with a survey of pre-existing literature -- and lots of commentary and reviews. So one of the purposes of copyright law, ironically, is to encourage what might appear to some to be a "copyright violation" -- namely, using all or portions of another's work without permission or payment. (To use the work of others without attribution would be plagiarism, but would not necessarily be a copyright violation.)

The "means" the Constitution's drafters chose was "by securing for limited times to authors . . . the exclusive right to their respective writings . . .." The "limited times" was a way to get creative works into "the public domain" where they could be freely used by anyone without obligation to the creator. "Exclusive right" meant that, for a time, the creator could charge for the use of his or her creative and copyrighted work.

The problem potentially arises when the "exclusive right" conflicts with the overall purpose to "promote progress," that is, when the copyright owner refuses to let others make any use at all of her work -- or sets the price for doing so at such high levels as to foreclose use.

Enter "Fair Use." Copyright Act Sec. 107 (embodying an earlier doctrine from the common law). The law mentions four factors to be considered. (It is this multiple-variable analysis that contributes to making predictions of outcome difficult.) The amount used, and whether it is a fictional or non-fictional work are mentioned. But the most important factors go to the economic impact of the use. Is it for "commercial" gain, or for noncommercial "criticism, comment" or "nonprofit educational purposes"? Finally, what is the effect of the use on the "potential market" for the work?

If someone were to sell memberships to a Web site on which they made available every article from every issue of a given newspaper, it would be very difficult for them to claim they were engaged in "Fair Use." The fact that it was news rather than creative fiction would cut in their favor under factor two. But aside from that, the other three factors would cut against them: they are copying the entire paper, they are profiting from selling access to it, and the hits on their Web site could well be from individuals who might otherwise have gone to the newspaper's site (in exchange for a membership fee, or being exposed to advertising providing revenue for the paper). Especially would this be the case if they were doing nothing but reproducing the newspaper -- without commentary or criticism.

Now consider the blogger in question.

I've already said virtually nothing is a "slam dunk" when it comes to Fair Use. But I really think he has the better of the argument here.

He is clearly involved in commentary, which is expressly mentioned by the law.

He is not in the business of selling newspapers -- or even individual stories from newspapers. In fact, he's not in any business -- and certainly not a "commercial" one that profits from the sale of the newspaper's copyrighted stories.

So far as I know, no one -- at least not I -- go to his site to find out what was in the paper that morning. Readers (and his blog notes there are 25,000 unique visitors every month) are primarily interested in what he calls his "insightfully vulgar" commentary -- commentary which most find entertaining and often very funny (sufficiently so that, if they are not thin skinned, they will even continue reading when he appears to be slaughtering their sacred cows).

The material he quotes (and he not only attributes his sources, but often includes a link to the papers' Web site), is a statistically insignificant portion of the morning paper. Seldom (if ever) does he reproduce an entire story.

The paper's threatening email to the blogger refers to a permitted "3-4 sentence" standard. I know of no such rule. (Sometimes a single phrase would not be protected by "Fair Use;" under other circumstances an entire work would be.)

Finally, the only conceivable economic impact of his blog's use of excerpts from the paper's stories, it seems to me, would be to increase the blog reader's (a) inclination to subscribe to the paper, (b) to go to, and see the advertising on, the paper's Web site, and (c) to advertise in the paper. In short, while I can see ways in which "the effect of the use on the potential market for . . . the copyrighted work" would be to enhance that market and increase the paper's profits, it is difficult to see how the paper's "potential market" cold be adversely affected by the blog's limited use of material from its stories. Now I don't think they ought to have to pay him for advertising their paper for them, and increasing their readership, but I certainly don't think they are in a position to argue they should have the legal right to close him down because he has harmed them economically.

I can only hope that the paper was not prompted to play its copyright card because of its being upset, not with the use of its stories, but with the legally appropriate (if "insightfully vulgar") commentary about those stories.

Because -- putting aside the fact that it seems to me a real stretch to try to make a case that the blogger is not well within "Fair Use" -- it strikes me as a little unseemly for a newspaper to be curtailing speech by using threats, perhaps intended to but in any event having the effect of, closing down one of America's most popular blogs. Whatever happened to, "If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence." (Justice Louis Brandeis, concurring in Whitney v. California, 274 U.S. 357, 377 (1927).)

Newspapers can be proud of their defense of First Amendment rights in this country. But bloggers are now the modern day equivalent of what mainstream newspapers' ancestors looked like 200 or more years ago. The exchange between the mainstream media and the blogosphere has been good for both -- and for America. While that relationship is still budding and both are trying to find their way is not the time for us to start threatening, suing and trying to silence each other.

Just some thoughts from the sidelines; my obituary for a blog that now leaves a hole in the blogosphere that does the kind of damage to our intellectual lives that holes in the ozone do to our physical lives. Too bad. And especially sorrowful that the murder was committed by a newspaper.

Other Items and Updates
. . . all subjects of prior blog entries

How Not to Buy a College: Wellmark Updates

Editorial, "Gift Offer Protocol Comes Unwound," The Gazette, July 13, 2007, p. A4

"No Other Resignations Over Wellmark Flap: UI," The Gazette, July 13, 2007, p. B3

Brian Morelli, "UI Donor: Rejected Funds Will be Hard to Replace," Iowa City Press-Citizen, July 13, 2007, p. A1

Jim Robb, "Wellmark Should be Honest About 'Gift,'"
Iowa City Press-Citizen, July 13, 2007, p. A9

But in spite of it all . . .

Hieu Pham, "UIHC at Top of the List Again," Iowa City Press-Citizen, July 13, 2007, p. A1

Michael Moore's "Sicko" film's themes resonate with Iowans

Niles Ross, "What's the Cost to Us for Our Health Care?"
The Gazette, July 13, 2007, p. A4

"A billion dollars from beer in the till/A billion dollars from beer"

Iowans consumed 4,864,000,000 ounces of beer during the last fiscal year. Had it been served in 12-ounce glasses for $3.00 a glass the retail value would have been $1,216,000,000. And you were wondering why the Iowa City City Council -- and the University of Iowa administration -- seem to consistently support the wishes of the local bar owners to continue taking the money of under-age college students.

"Beer Still No. 1 for Iowans; Liquor Gaining,"
The Gazette, July 13, 2007, p. B5

"Ask not whether our prisons are 'overcrowded,' ask what you can do to help move the mentally ill into cheaper, more humane and effective institutions."

Peggy Loveless, "Our Overcrowded Prisons," Iowa City Press-Citizen, July 13, 2007, p. A9

The Pay Gap Gets Wider for Universities' Coaches, Presidents -- and School Supeintendents

Gregg Hennigan, "Pay Gap Widens Between Teachers, Administrators; Disparity Mostly Marketi-Driven, Officials Say," The Gazette, July 13, 2007, p. A1

Media Barons Continue to Misrepresent the FCC's Old "Fairness Doctrine"

John Seigenthaler, "Revived 'Fairness Doctrine' Would be Anything But Fair," Iowa City Press-Citizen, July 13, 2007, p. A9

# # #

Tuesday, July 10, 2007

Updates: Wellmark, Sicko, Gambling & Conference

July 12, 2007, 6:00 a.m.

July 11, 2007, 7:00, 8:00 a.m. (See "Reason Rules," and "Marcus Theatres/Sicko," below, for today's mini-essays)

July 10, 2007, 7:00 a.m.; 3:50 p.m.


Updates: Wellmark, Sicko, Gambling, Fairness, Sales Tax & Resources Conference

Yesterday [July 9] I said I was going to swear off blogging and get some work done -- primarily for want of any news worthy of commentary. One day later, as if to take up my challenge and prove to me that they can find news related to the subjects tracked by this blog, the papers are full of it again today [July 10]. No lengthy essays from me. But you'll at least want the links to the updates.

Wellmark: "Well then, if you're not going to accept our money we're just not going to give you the money. So there!"

[July 12] Marvin Pomerantz, an exceedingly generous benefactor of the UI and other Iowa institutions and projects, a former Wellmark board member, chair and prime mover of the College of Public Health Capital Campaign Committee, says he is "embarrassed" by the rejection of the Wellmark offer to purchase the name of the College in perpetuity for $15 million.

With respect, I think to the extent there is any embarrassment felt by Pomerantz, lead Wellmark director John Colloton and Wellmark CEO John Forsyth -- all involved in this proposal -- it is an embarrassment of their own making. When Forsyth says, as he has, that Wellmark did not envision that its effort to buy the name of the College "would spawn the negative reaction" that it has it indicates either (1) a lack of prior research and consultation or (2) an arrogant sense of entitlement that Wellmark's money should enable it to buy anything, along with a willingness to steamroller over opposition he knew would be there. It's an embarrassment that they thought of the idea; that they went ahead with it; and that they've reacted with such a petulant "I'm taking my marbles and going home" display. Those are the things that make this fiasco embarrassing. What the College did in rejecting the proposal is in no way embarrassing.

On the other hand, there's something the University does need to address. That's Pomerantz' comment that "we think they [the UI administration and faculty] were making rules up as they went along." I have no way of knowing what happened. I wasn't there. But I wouldn't be surprised if Pomerantz is dead on about that assertion.

As I wrote in Nicholas Johnson, "More on 'The Name Game'" in "Name Game & Other Moral Dilemmas," July 4, 2007:

What's happening, as I see it, is but a tiny sub-set of a much larger, looming challenge that I wrote about in an earlier blog entry. Nicholas Johnson, "Greed, Conflicts, Cover-Ups and Corruption" in "Conflicts, Cover-Ups and Corruption," June 26, 2007.

Our so-called "public universities" (increasingly "private" in terms of operating budgets and escalating tuition and other student expenses) are in a period of transition -- although to what is not altogether clear. I wrote about these alternative futures in a Press-Citizen op ed. Nicholas Johnson, "Where Are We Going? Who's Going With Us?" Iowa City Press-Citizen, June 19, 2007.
The issue here is not whether corporations and business are "bad." We are surrounded daily with evidence to the contrary provided by everything from the start-ups of our youngest entrepreneurs to our oldest and largest corporations.

The issue is whether we wish to maintain a sanctuary anywhere in our society from the values and pressures of profit maximization -- churches, national parks, what was created to be a "non-commercial" radio service and is now larded with commercials? The academy does seem to be well into a similar transition from a cloistered sanctuary for the free education of students to a corporate-sponsored and administered jobs training program (from which the banks prosper with the interest on the student loans necessary to pay the ever-rising tuition). Because it is a transition we may well be, as Pomerantz suggests, "making rules up" as we go along.

As I discuss in "Conflicts, Cover-Ups and Corruption," linked above, the issues go well beyond the naming of universities, colleges, buildings -- indeed, anything large enough to hold a plaque. I won't repeat here that list of potential issues confronting our new UI President, Sally Mason. But if we are, in fact, making up the rules as we go along I would humbly suggest that we pause a moment to think through with deliberation the issues and the policies that we wish to pursue rather than continue to wander down a road littered with the kind of improvised explosive devices that we've just seen triggered.

(And while we're doing it, the Press-Citizen's thoughtful editorial this morning [July 12] to the contrary notwithstanding, consider the possibility that it does not necessarily follow that a red hot solution to the Wellmark naming controversy would have been to take the money but not name the building -- even if that option had been available, which it never was. It is the taking of the money (in some circumstances, including this one) that creates the conflict of interest. The naming of the building for the corporate donor only advertises one's willingness to engage in such conflicts, one's having finally swapped one's ethics for money after, as Shaw put it, "haggling over price." Editorial, "Wellmark Should Give a True Gift to Health College," Iowa City Press-Citizen, July 12, 2007.

And see, Brian Morelli, "Pomerantz resigns from college committee; Former Wellmark director 'embarrassed' by rejection of plan," Iowa City Press-Citizen, July 12, 2007, p. A1; Diane Heldt, "Pomerantz Leaves UI Fundraising Committee; Major UI Donor Upset Over Handling of Wellmark Gift Offer," The Gazette, July 12, 2007, p. A1.

[July 11] Rekha Basu, "U of I Shows Healthy Respect for Its Good Name," Des Moines Register, July 11, 2007 ("The University of Iowa's school of public health deserves a great big bouquet of roses for proving that not everything is for sale, especially not its name. . . . The fact is, insurance industry goals can be at odds with public-health ones. (Go see "Sicko" if you have any doubt about that). Promoting public health doesn't always line up well with the profit motive in health care. . . . It's too bad Wellmark can't respect the integrity behind the college's decision and has chosen, instead, to take its marbles and go home. . . . [because] withholding the money says it was essentially looking for an ad buy rather than wanting to make a gift. No one needs reminding of the extent to which corporations already run most facets of American life, from the chain newspaper to the chain restaurant to the sports stadiums and arenas that already trumpet the big names in corporate America.")

Alan Jensen, "Lower insurance premiums better than naming rights, The Gazette, July 11, 2007, p. A4 ("If Wellmark Blue Cross Blue Shield has $15 million to give the University of Iowa for naming rights, they can most certainly cut our health insurance premiums.")

Brian Morelli, "Wellmark withdraws $15M offer; Official: We will wait for UI community to support naming rights," Iowa City Press-Citizen, July 10, 2007

Wellmark executives, still looking for a college where everyone will know their name, have been singing the old "Cheers" theme lyrics: "Sometimes you want to go/Where everybody knows your name,/and they're always glad you came./You wanna be where you can see,/our troubles are all the same/You wanna be where everybody knows/Your name."

"What we've got here is failure to communicate." Two quotes in The Gazette's version of this story tell a lot about the growing gap between the perspective of the academy and that of the corporate world -- a gap that President Sally Mason will confront the moment she sets foot on the Pentacrest.
"traditional and outdated precepts" John Forsyth, CEO, Wellmark, in email to Jim Merchant, Dean, UI College of Public Health: "I would submit that the real challenge for academic leaders like you is to create a mind-set of leading and embracing change . . . over traditional and outdated precepts such as the need to separate academic from commercial interests."

Interim President Gary Fethke: "I regret that the discussion of this generous donation failed to focus on the substantial benefits of corporate partnerships for our students, faculty and staff."
Diane Heldt, "Wellmark Withdraws $15 Million Naming Offer; Insurance Company Says Negative Reaction to Gift Not Envisioned," The Gazette, July 10, 2007, p. A1.

Maria Houser Conzemius, "At This Point it Seems That, 'They're All in it Together,'" Iowa City Press-Citizen, July 10, 2007 (whether presidents live on Church Street in Iowa City, or Pennsylvania Avenue in Washington, there seems to be a common expectation from elites regarding their behavior)

Editorial, "Wellmark's Gift Had Too Many Strings Attached,"
The Daily Iowan, July 11, 2007, and Stephen Schmidt, "Wellmark Rescinds $15 Million Offer," The Daily Iowan, July 10, 2007.

Marcus Theaters' "broad commercial appeal" makes Iowa City's residents "Sicko"

The Press-Citizen's editorial page has two items regarding "Sicko" this morning. One is Editorial, "Film's Delay to City Hurts Its Health Care Image," Iowa City Press-Citizen, July 11, 2007.

The other presents one of the usual industry attacks on Michael Moore and his film, Brett Skinner, "Canada's 'Sicko' Care," Iowa City Press-Citizen, July 11, 2007. Skinner says, for example, "Michael Moore is not interested in . . . facts. He makes fictional films."

For a sample of the kind of point by point by documented point response Moore and his supporters can make to such libelous charges, see "'Sicko Truth Squad Sets CNN Straight," July 10, 2007.

And don't miss James Clay Fuller, "Sicko: Commenting on the Commentaries," Twin Cities Daily Planet, July 10th, 2007 5:26 am ("Apparently there is a rule in corporate journalism that every mention of [Michael] Moore and his films . . . must contain at least two snide observations about his . . . attacks on rich and powerful but somehow –- in the eyes of the corporate journalists -- defenseless people such as the chairman of General Motors, and, if you can slide it in, Moore's physical appearance" -- all from a journalist who says he's never met or communicated with Moore).

If you'd like to watch CNN's slashing, false attack on "Sicko," and Moore's on-camera response (the piece to which the "truth squad's" textual analysis relates), here it is:


Kathryn Fiegen, "Residents Must Wait to See Sicko," Iowa City Press-Citizen, July 10, 2007 (theater monopolist executive says, "Marcus Theatres' primary business is to show films with broad commercial appeal." Why does this sound so reminiscent of the instructions a major advertiser once gave the radio networks regarding the programs it sponsored: "There will be no material that may give offense, either directly or by inference, to any commercial organization of any sort"?)

Iowans' Gambling Losses Increase Someone's "Economic Growth" -- Just Not Ours

Rod Boshart, "Casino revenue hits $1.32 billion; New venues fuel 14.9 percent increase in fiscal 2007 figures," The Gazette, July 10, 2007, p. A1.

Fairness Doctrine

Editorial, "Beware of 'Fair' in Talk on the Air,"
The Gazette, July 10, 2007, p. A4.

Reason Rules on Tax Shift Onto Poor: 85% Vote "No" on "Yes to Destiny"

A little-noticed story in last Saturday's Gazette caught my eye. It was a report of a town-meeting-type exchange between Senator Chuck Grassley and some of his West Branch constituents. One asked him, "Would you rescind your authorization of the war?" Another "deplored the inequity of the 15 percent capital gains tax" (reduced from 20%) compared with ordinary income tax rates. A third commented regarding import protections for fertilizer companies -- driving up prices. "It's unfair that farmers are expected to sell their crops on a global market but cannot buy their fertilizer on a global market." Grassley's answers. (1) No. (2) "He defended the lowered tax, saying it expanded the nation's economy . . .." (3) "Grassley took notes." Marlene Lucas, "East Iowans Question War, Taxes; Grassley Defends Policies, Takes Notes," The Gazette, July 7, 2007, p. B2.

This morning's Register reports that, notwithstanding the near-unanimous support of the Des Moines business community's elite, their willingness to put $700,000 of their mouths where their money is, and the overwhelming coverage and editorial support they had from the area's dominant newspaper, the proposal to shift their property taxes to the backs of the sales-tax-paying poor was rejected by 85% of the voters. Jeff Eckhoff and Melissa Walker, "Three counties, one voice: ‘No;’ Only 15% support multipurpose, business-backed levy; Special vote gets unusually high turnout; Ecstatic foes of plan hope lopsided result buries idea for good," Des Moines Register, July 11, 2007

Yesterday (see Morelli's story, linked above within this blog entry) we read Wellmark CEO Forsyth's comment regarding his efforts to put the company's name on the College of Public Health, ""Neither Wellmark BlueCross and BlueShield nor Wellmark Foundation envisioned that their [gift and naming proposal] would spawn the negative reaction that has been reported in news media,' John Forsyth wrote to James Merchant, dean of the College of Public Health on Friday."

UI's athletic program and other administrators were seemingly also taken by surprise earlier at the adverse reaction to the use of the Iowa Fights song and the University's name and setting for an Iowa Lottery television commercial encouraging increased gambling by Iowans.

And so were the board members of the University of Iowa Community Credit Union who were so confident the members would just go along with the new name they enthusiastically accepted from a high-paid corporate consultant, "Optiva," that they didn't think it necessary to check with the members first.

There are two observations I'd make about these stories. (1) The gap between the lives, interests, understandings, concerns and opinions of the wealthy, corporate ruling elites in this country, and those of the 90% of all Americans who suffer at their hands, is growing even faster than the gap in their campaign-contribution-provided incomes and those of the rest of us. (2) There seems to be an upswing in the willingness of the 90% to do something about the uninformed and unfeeling overreaching by those elites. That can only be healthy for America in the long run.

Resources from Resources for Life Conference Now Online

I earlier mentioned "Resources for Life." Presentations at the Resources for Life Conference, held in Iowa City July 7 and 8, are now in streaming audio available here (scroll down to "200707" and then "Resources for Life Conference 07-07-07" and then click on a presenter's name).

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Monday, July 09, 2007

Summer Schedule

July 9, 2007, 8:30 a.m.

Summer Schedule and Beyond

Web "Publishing" I've been posting things to the predecessors of "The Web" for over 25 years. In the early years it was mostly just online versions of hard copy publications -- as published, or as selected for uploading from the prior half-century of writing.

The idea of treating original online material as publishing, and doing it on a regular basis, only began a little over 10 years ago. The driving force has not been a desire to online publish something with some regularity. The driving force has been a sense of outrage, or at least a passion regarding, a number of subjects.

The Iowa Child-ish Rain Forest Project For the past 3-1/2 years I've maintained one of the most thorough Web sites regarding the proposed indoor Iowa rain forest. Most of the relevant news stories, and lots of commentary and editorial cartoons, are linked (in full text) from there. This is the project originally called "Iowa Child" and, after many name and personnel changes, is now called "Earthpark." If you're interested, you can read the full story here.

By last fall it became ever-more obvious that this project was going nowhere. At a minimum, it was no longer generating any regular news to report or comment about. Meanwhile, I had started this blog a year ago, as much as anything just to see what blogging was like.

UI Presidential Search As it happened, about the time the rain forest was disappearing from view the UI presidential search loomed large. Following the Regents' discharge of Search Committee I, and rejection of every one of its proposed candidates, there were a sufficient number of daily developments to warrant blog coverage.

Actually, had I known Search II would drag on so long, I never would have used the blog format for my coverage of events. Others have commented about how difficult it is to find items they are looking for in all the blog entries -- running in their entirety into the hundreds of pages of text. It's not just a problem for readers; it's a problem for me as well. By the time it was over it was "UI Held Hostage Day 516" -- it had been 516 days from the time the Regents knew they would need a replacement for David Skorton until the day they announced their selection of Sally Mason.

My only excuse for not using the much more user-friendly (though far from perfect) Web page format (as with the Earthpark site) is that I truly believed in November 2006 that sufficient common sense and reason would prevail that we'd actually have a new president announced sometime in December. Silly me.

Gambling Industry and Other UI Corporate Partnerships Other UI matters have warranted blog coverage -- such as the athletic program's insistence on partnerships with the gambling industry, notwithstanding the NCAA's standards to the contrary and its specific suggestions to the University of Iowa; or the recent flap over the unbelievable proposal that a UI College be named for a corporation (and one that does business with the University at that).

Future Issues; No News Days; and Other Obligations At the present time no such new issues seem to be crying out for my commentary. As they do, I'll blog about them -- or the prior issues addressed here when they come back into the news.

But as I mentioned above, the purpose has never been to write for the sake of writing. It's been to report and comment about issues that arouse my outrage or other passions. Given that there don't seem to be any around at the moment, and given the convergence of these very slow news days with obligations to do some writing, and prepare for this next year's classes, there are going to be far fewer regular blog entries over the weeks to come than there have been during the past six months or year.

Meanwhile, the past year's blog entries remain available to your searching. There are hundreds and hundreds of pages of material here on dozens of topics -- most of which, I'd like to believe, remain nearly as relevant today as when they were written. No one will make it through all of that "summer reading" -- but, even if that were to happen, there are hundreds more items available with links from the main Web site itself.

When there's more to say I'll be saying it here. Until then, thank you loyal readers and occasional visitors alike -- and especially all of you anonymous commentators -- for continuing to make this blog the rewarding experience it is for me, and the useful resource I'm told it is for others.

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Sunday, July 08, 2007

Fairness Doctrine Follow-Up

July 8, 2007, 9:30 a.m.

Fairness Doctrine Follow-Up

State29, who requested I comment on efforts to resuscitate the "Fairness Doctrine," has now replied to my effort to do so. State29, "Nicholas Johnson Explains It All," July 7, 2007.

I won't repeat here everything I wrote, and linked to, yesterday. If you're interested in the topic -- and it does, after all, go to the heart of what America is about and how our political system functions -- you might want to start with the discussion of the subject in what is essentially "Part I" of today's blog entry. Nicholas Johnson, "Resources for Life - Fairness - Updates," July 7, 2007.

(1) I acknowledge that I have lost this battle.
I am not delusional. The more we have turned over our mass media to those few media conglomerates that benefit from controlling its content the more have they been successful in bringing America, and Americans, closer to a near-unanimous chorus of "Mega dittos, Rush." As I concluded a law review article four years ago,
"Hopeless? No. But there are limits to the possible reform of the system of information and mind control we call mass media. It drives our multi-trillion-dollar consumer economy to the enormous profit of a few, and to the loss of the many. It enables the government to mobilize popular support for its wars for oil. Moreover, just as George Orwell's Winston Smith finally came to realize that, "He loved Big Brother," [FN37] we have become a nation of video addicts largely beyond the power or inclination to resist."
Nicholas Johnson, "Forty Years of Wandering in the Wasteland," Federal Communications Law Journal, May 2003, 55 F.C.L.J. 521 (2003). (The footnote is to the last sentence in George Orwell's 1949 novel, 1984. If you are concerned about the levels of personal privacy being invaded these days by the federal government, and others, a re-read of the book will convince you of the common observation that "George Orwell was an optimist.")

2. "The liberal media." Frankly, I've never found the words "liberal" and "conservative" analytically very useful. What are we talking about?

Is anything that advances corporate profits, or that further increases the disparity of income between America's rich and poor, "conservative" and therefore "good" -- while all efforts at consumer protection, or efforts to enable the poor to better themselves, are "liberal" and therefore "bad"? Or are those efforts "conservative" because they are consistent with the teachings of Jesus?

Are the terms merely synonyms for voter registration, or other partisan alignments? Are all Republicans, and the policies they espouse, "conservative" and "good," and all Democrats and their policies "liberal" and "bad"?

Is everything done by government "liberal"? How, then, do increasing military budgets become "conservative" and efforts at diplomacy and cuts in defense spending become "liberal"?

Consider the Interstate highway program. Was it a "liberal" project because it was one of the largest and most expensive socialist engineering projects ever undertaken by government? Or was it "conservative" because it was the proposal of a Republican president (Dwight Eisenhower), or because it benefits the trucking industry?
But since no one else seems to be concerned about such ambiguities, I will use the terms with regard to media policy, and the charge of a "liberal media." Worse yet, I'll just modify the bumper sticker: "The 'liberal media' are just as liberal as their wealthy, conservative, Republican owners and advertisers permit them to be."

Whatever "liberal" may mean to you, you'll find a lot more of it in the mainstream media of virtually any county on earth than you will in our country. And if war is "conservative" and efforts at peace are "liberal" the documentation is overwhelming that our media was the most conservative, the least balanced or "liberal" imaginable when it came to cheerleading for the latest Iraq War. See Norman Solomon's film, "War Made Easy: How Presidents & Pundits Keep Spinniing Us to Death," Media Education Foundation, 2007, and Bill Moyers, "Buying the War" on Bill Moyers Journal, PBS, April 25, 2007.

3. No Fairness Doctrine for Bloggers? State29, see link above, refers to Nat Hentoff's quoting fomer CBS News President Dick Salant:

"Suppose," Salant told me, "the English governor had told Tom Paine that he could go ahead and publish all he liked -- but only if at the back of the pamphlets, he also printed the Royal Governor's views. That command, far from being an implementation of free speech, would have been just the opposite."
I knew Dick Salant. I had great respect for his intelligence. He was capable of much more apropos analogies than that one.

As the old FCC's Fairness Doctrine decisions make clear, and as I explained yesterday, the Fairness Doctrine is not addressed to the authors of books, pamphlets, newspaper column -- or blogs. It is not applicable to the individual programs on radio or television stations. It is addressed to the monopolistic, or oligopolistic, carriers of content. As such, it enhances free speech and the marketplace of ideas, it does not abridge free speech (to use the First Amendment's word).

The proper analogy for Dick Salant's hypothetical would not be a requirement that an individual author, Tom Paine, would have to include a rebuttal to what he wrote in a pamphlet or column. The analogy would be that a printer, licensed by the King and enjoying monopoly privileges and profits, could not -- solely on grounds of its content -- censor, and refuse to print and make available to the public, a publication advocating a position different from that of Tom Paine.

We have addressed some of these issues on the Internet in the form of so-called "network neutrality." No one is suggesting that each blog must contain a refutation of every position advocated by the blog's owner and author -- as Salant tries to suggest. But what if the day comes when one corporation owns and operates the Internet? Would bloggers take the position that it was perfectly all right for that corporation to decide what views could, and could not, be expressed in blogs -- blocking from distribution those it wished to censor? Would bloggers be content to say, "Well, the corporation owns the Internet. Anything we say over it is, in effect, that corporation's free speech -- not ours. Of course, it should be able to decide who does, and does not, get to have opinions in this country, and express them through its facilities"?

I don't think so.

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