Why Policy Matters

It sure has been a crappy few weeks for the Obama Administration, right? Starting with the Senate refusing to pass a really minimal gun control legislation – carefully crafted in a bipartisan fashion, we now have revelations of the IRS targeting tea party groups, and the Justice Department obtaining AP phone records via subpoena.

It’s funny, because one of the attacks on Obama is that he’s perpetually in campaign mode. Problem is, he wins campaigns; if he was in campaign mode, none of this stuff would be a big dealIts messaging has sucked, lately, and Congressional Democrats tend to suck, as well. 

The background noise during all of this is the right-wing’s incessant attempts to manufacture a scandal out of the 9/11/12 attacks on the American consulate in Benghazi.  Literally every single allegation-cum-conspiracy theory has been thoroughly debunked to the point now where (a) it’s palpably all about Hillary 2016; and (b) chief scandal author Darrell Issa has finally reached a last-resort argument, whereby calling the Benghazi attack an “act of terror” is an impeachable offense, because the Administration should have called it a terrorist act. I kid you not.  

The CIA and State Department’s editing and re-editing of a post-attack talking points document is not a cover-up or a scandal – it’s what diplomats and spies do. This is why the Wikileaks publication of secret diplomatic cables is, in my opinion, a bad thing. We oughtn’t broadcast what our diplomats or spies are doing. In an interesting twist, the Republicans demanding the public release of Benghazi-related information were quite outraged by the Wikileaks diplomatic cable release. 

The Republican narrative – despite all evidence to the contrary – has been that the White House intervened to make Obama look good. The evidence reveals that the CIA and State were squabbling over post-attack documents so as to provide information without compromising any extant interests or missions. 

The AP investigation and the IRS targeting are brand-new stories, the details of which are not fully hashed out, but they certainly look bad, and the Obama Administration is uniquely susceptible to outrageous criticism because of the right-wing narrative that Obama is a tinpot dictator, despite being limited to two terms and a do-nothing Congress. 

The IRS absolutely should not be targeting tea party groups or liberal groups, for that matter. But that isn’t an accurate depiction of what happened. In the wake of the Supreme Court’s disastrous Citizens United decision, it quickly became chic to set up a tax-exempt political advocacy group. I want the IRS to look into the activities of those groups to ensure that they comply with extant regulations on maintaining tax-exempt status, just as much as I want the IRS to crack down on, e.g., tax-exempt “churches” that overtly engage in campaigning and politics. As long as it’s done in an evenhanded, non-partisan way.  The Treasury Inspector General reports that the IRS scrutinized certain 501(c)(4) applications using “inappropriate criteria”. 

Targeting tea party groups is as bad as targeting AARP, safe sex advocates, Greenpeace, the NAACP, and Emerge

In fact, a few left-wing groups were subjected to the same scrutiny as right-wing groups, and while some tea party applications for a government tax-free subsidy were delayed, only Emerge – a left-wing group – had its application denied

What’s nice is that everyone hates the IRS, Obama demanded the Treasury Secretary seek the resignation or dismissal of the acting IRS Commissioner.  

As for the phone records scandal, there is a legitimate debate to be had about government access to journalists’ source information, and the balancing of equities between investigating leaks of classified information and shield laws. But you can’t have a legitimate debate in a climate of alleged scandal.  Because this isn’t a “scandal”.  This is what law enforcement does, every day – gather information as part of an investigation using whatever legal means possible, and the law allows this when all other avenues to learn the information have been exhausted.

The AP delayed reporting the story at the request of government officials who said it would jeopardize national security. Once officials said those concerns were allayed, the AP disclosed the plot, though the Obama administration continued to request that the story be held until the administration could make an official announcement.

The May 7 story was written by reporters Matt Apuzzo and Adam Goldman with contributions from reporters Kimberly Dozier, Eileen Sullivan and Alan Fram. They and their editor, Ted Bridis, were among the journalists whose April-May 2012 phone records were seized by the government.

Brennan talked about the AP story and investigation in written testimony to the Senate. “The irresponsible and damaging leak of classified information was made … when someone informed The Associated Press that the U.S. government had intercepted an IED (improvised explosive device) that was supposed to be used in an attack and that the U.S. government currently had that IED in its possession and was analyzing it,” he wrote.

He also defended the White House decision to discuss the plot afterward. “Once someone leaked information about interdiction of the IED and that the IED was actually in our possession, it was imperative to inform the American people consistent with government policy that there was never any danger to the American people associated with this al-Qaida plot,” Brennan told senators.

These are stories about tone-deaf executive branch overreach. Yet what the government did in this AP phone records case is likely completely legal. The government didn’t spy or snoop on the AP – it obtained phone records from the phone company. Under the law, the government is allowed to obtain information from third parties, and there is no 4th Amendment problem.  Furthermore, you don’t hear a lot of Republicans in Congress making noise about it – how do you demonize the mainstream media every hour of every day for years, then suddenly pivot to its defense to score a few points against Obama? The right’s animus for Obama is only matched (or exceeded) by its animus for fact-based reportage. 

This is why elections matter, this is why policy matters, and this is why legislation matters. This is why whom you send to Congress matters. 

For instance, in 2007, a bill in Congress called the “Free Flow of Information Act” would have required the DOJ to first obtain a court order before obtaining phone records or otherwise pursuing journalists’ sources to investigate criminality. Although it passed the house, it failed to make it past a Republican filibuster in the Senate to a vote. Put bluntly, Republicans killed the media shield law that would have prevented the DOJ from doing what it did to the AP. 

Benghazi? Republicans have consistently voted to de-fund the security for diplomatic missions abroad

For fiscal 2013, the GOP-controlled House proposed spending $1.934 billion for the State Department’s Worldwide Security Protection program — well below the $2.15 billion requested by the Obama administration. House Republicans cut the administration’s request for embassy security funding by $128 million in fiscal 2011 and $331 million in fiscal 2012. (Negotiations with the Democrat-controlled Senate restored about $88 million of the administration’s request.) Last year, Secretary of State Hillary Clinton warned that Republicans’ proposed cuts to her department would be “detrimental to America’s national security” — a charge Republicans rejected.

Ryan, Issa and other House Republicans voted for an amendment in 2009 to cut $1.2 billion from State operations, including funds for 300 more diplomatic security positions. Under Ryan’s budget, non-defense discretionary spending, which includes State Department funding, would be slashed nearly 20 percent in 2014, which would translate to more than $400 million in additional cuts to embassy security.

So, facts matter, and policy matters, and you can’t have your cake and eat it, too. 

Oh, also this week, Congress voted for a 37th time to repeal Obamacare. So, you know, jobs & growth agenda? Not so much. 

Best of Buffalo: Food Dissent

The Artvoice Best of Buffalo 2013 winners were announced Monday, and I suppose it’d be gracious to congratulate the winners, so congratulations. 

But voters, jeez have I got some bones to pick with you. 

BEST BBQ
Fat Bob’s Smokehouse

Best BBQ? Fat Bob’s location might be swell, and its food may be passable, and it might have a lively bar scene, but best BBQ in Buffalo? Absolutely not. The best BBQ joint in Buffalo is Suzy Q’s – hands down, and it’s not even a competition. This scrappy little joint up near the GM Powertrain plant is a diamond in the rough, which serves up smoked pork, beef, chicken, and Polish sausage that’ll make your taste buds sing and a grown man weep. 

BEST BRUNCH
Betty’s Restaurant

Not quibbling with this result, although it’s not my first choice. But do people even do brunch anymore? Is this still a thing? 

BEST BURGER
Grover’s Bar & Grill

This is a knee-jerk reaction people have, but it’s totally wrong. Grover’s had burgers the size of frisbees, but although the meat is still big, it’s not like it used to be. At a recent visit, the meat was gray and dry and totally unsatisfying, especially given the lengthy wait. Ruzzine’s Rock Bottom directly across the street is infinitely better.  The Roaming Buffalo makes a fantastic burger. Vizzi’s is good. People swear by the Sterling Place Tavern. But Grover’s? Only in your memories, not in real life. 

BEST CHEAP EATS
Mighty Taco

Mighty Taco deserves to be on no list. It is emergency food; when you’re too broke or too drunk to eat anywhere else. 

BEST COFFEE
SPoT Coffee

If I can make it better at home, it doesn’t belong on a “best of” list. I can make better coffee at home. 

BEST DINER
Lake Effect Diner

I have a problem with Tucker Curtin after his lobbying against the food trucks. I’m not a big fan of rewarding anticompetitive behavior. 

BEST FISH FRY
Papa Jake’s Saloon

Wiechec’s. But really, best fish fry is who can best dip a frozen fish from SYSCO into a Pitco Frialator. 

BEST ICE CREAM/FROZEN YOGURT
Anderson’s Frozen Custard

Are you out of your mind Buffalo? Anderson’s is fine, but my God the ambiance in there is 70s Burger King. The ice cream is ok, but it’s not the best in Buffalo. The best ice cream being made in WNY right now is Lake Effect Ice Cream out of Lockport. They make wonderful, rich ice creams and create innovative flavors.  Get your heads out of your asses. Hell, even for custard, Abbott’s and Hibbard’s are way batter. 

BEST ITALIAN
Chef’s Restaurant

I love Chef’s as much as the next fat white guy, but it’s not the best Italian food in WNY. Not by a long shot. It is a spaghetti parm factory. San Marco (caution: annoying noise)? Mulberry? Lombardo’s

BEST PANCAKES
Amy’s Place

I’m not in college anymore, so The Original Pancake House

BEST PIZZA
La Nova

Not remotely. Romeo & Juliet’s, Trattoria Aroma, Siena, 800 Maple, Rocco’s, La Hacienda of Niagara Falls, Pizza Oven, Elm St Bakery all make pizza that’s head and shoulders above La Nova’s floppy stuff. 

BEST SUBS, BEST PLACE TO EAT AT 2AM
Jim’s Steakout

I don’t know from after 2am, but the best subs are at DiBellas and Weggies

BEST STEAK
Russell’s Steaks, Chops & More

There’s room for improvement. 

That’s it. Get it together, Buffalo. Don’t make me tell you how to vote next year. 

What Constitutes “Real Media” and Who Decides?

I’m not at all a sports guy, so although I follow a few people on Twitter who focus almost exclusively on sports, I don’t generally engage in discussions about it. As British satirist Charlie Brooker suggests, watching sporting events on TV is, “marginally less interesting than watching cardboard exist.”
 
But over the last few months, I had been paying a bit of attention out on the fringe of the interplay between the Buffalo News’ Mike Harrington and other people who blog/Tweet about sports.  The pattern seems to be: someone takes an opposing viewpoint, Harrington writes something dismissive to bait them, they curse at him, and he blocks them. So, although I can get rather hot-headed on Twitter, and although Harrington tried to bait me a few times, I ignored it and kept pushing, respectfully.
 
I do not mean to insinuate that the Buffalo News (or any other established, professional medium) is irrelevant – others push that line, but it’s not completely accurate. Relevance is determined by the reader. The News serves a completely different purpose from Trending Buffalo or what I do, as do radio and TV. But just because Artvoice is free and public radio solicits for donations doesn’t make either one any more or less “real” than the Buffalo News.  I see the whole thing as a mosaic of information, which people are free to assemble however they want. 

The backstory begins with this exchange a bit over a week ago, 

That was it. I asked Harrington to define “real media”, but he ignored me. 

So, what happens when you ignore the bait and engage in a back-and-forth? Saturday evening, Buffalo.com writer Ben Tsujimoto had sent a couple of live Tweets about a WNY Flash soccer game…

 

 

[View the story “What Constitutes “Real Media”” on Storify]

What Constitutes "Real Media" and Who Decides?

I’m not at all a sports guy, so although I follow a few people on Twitter who focus almost exclusively on sports, I don’t generally engage in discussions about it. As British satirist Charlie Brooker suggests, watching sporting events on TV is, “marginally less interesting than watching cardboard exist.”
 
But over the last few months, I had been paying a bit of attention out on the fringe of the interplay between the Buffalo News’ Mike Harrington and other people who blog/Tweet about sports.  The pattern seems to be: someone takes an opposing viewpoint, Harrington writes something dismissive to bait them, they curse at him, and he blocks them. So, although I can get rather hot-headed on Twitter, and although Harrington tried to bait me a few times, I ignored it and kept pushing, respectfully.
 
I do not mean to insinuate that the Buffalo News (or any other established, professional medium) is irrelevant – others push that line, but it’s not completely accurate. Relevance is determined by the reader. The News serves a completely different purpose from Trending Buffalo or what I do, as do radio and TV. But just because Artvoice is free and public radio solicits for donations doesn’t make either one any more or less “real” than the Buffalo News.  I see the whole thing as a mosaic of information, which people are free to assemble however they want. 

The backstory begins with this exchange a bit over a week ago, 

That was it. I asked Harrington to define “real media”, but he ignored me. 

So, what happens when you ignore the bait and engage in a back-and-forth? Saturday evening, Buffalo.com writer Ben Tsujimoto had sent a couple of live Tweets about a WNY Flash soccer game…

 

 

Bernie Runs, Buffalo Shrugs (& Other Things)

1. Former head of the FBI’s Buffalo office, Bernie Tolbert, has finally stopped teasing everyone and officially entered the race for Mayor of Buffalo, running as a Democrat.  This means he’ll be primarying incumbent Byron Brown in September, and that he will be defeated. Buffalo Rising has the text of Tolbert’s announcement speech, and it focuses on education and crime, but is the same sort of talk we’re used to – technocracy and incremental improvement of bureaucratic issues. It’s a nice speech, but not one that adds a vision for a future Buffalo to the standard-issue schools-and-crime talk. 

The issues are so stark, one would think we could move beyond pablum and get into something a bit different. 

While Mayor Brown has had two terms already to do something big, he’s had little to do with anything big that’s happened. However, there is one thing he is better at than any of his competitors – building and maintenance of a formidable political machine. With the Erie County Democratic Committee likely to endorse Brown in an effort to promote intraparty peace, Tolbert’s chances are only slightly – and theoretically – above nil. 

2. But one correspondent to Buffalo Rising has identified a novel way to shuttle people to and from the Outer Harbor. Despite high prevailing winds and six months’ worth of inclement weather, he has suggested a cable car system to transport people high above the Skyway corridor from CanalSide to the empty and polluted Outer Harbor. Instead of focusing on bringing to Buffalo a cablecar system that was so popular at Walt Disney World that it was removed 25 years ago, perhaps we could spend that money to clean up the contamination on the Outer Harbor property that precludes any sort of development from happening. People on Twitter had fun with the idea on Friday under the hashtag #BuffaloCableCar.

It also reminded Chris & me of the “Detroit Entrepreneurial Guy” meme (example 1, example 2) – especially this one. Just substitute “Buffalo”. 

3. About a week ago, the Buffalo News’ Mike Harrington dismissively refused to listen to a podcast that Trending Buffalo’s Brad Riter recorded with Artvoice’s Chris Smith, arguing that it wasn’t “real media”. He and I argued about what constitutes “real media” over the weekend, with Harrington insisting that Trending Buffalo isn’t “real media”, and I argued (a) that the internet is a real medium; and (b) Trending Buffalo’s legitimacy as real media is determined by people who consume its content.  If it has relevance and popularity, it’s “real media”. Harrington insisted that blogs are a “wild west” (and I pointed out the wild west was a “real place”), which is an old argument. In the end, query why it is that the Buffalo News has its journalists blog and Tweet with Buffalo News branding if social media and blogging don’t constitute “real media”. 

Journalists can blog, and bloggers can be journalists. Whether an outlet is “real media” is, in the end, wholly up to the person consuming the content. 

I’ll storify up the back-and-forth later this week. 

Follow me on Twitter and send emails and other stuff to here

 

 

Bernie Runs, Buffalo Shrugs (& Other Things)

1. Former head of the FBI’s Buffalo office, Bernie Tolbert, has finally stopped teasing everyone and officially entered the race for Mayor of Buffalo, running as a Democrat.  This means he’ll be primarying incumbent Byron Brown in September, and that he will be defeated. Buffalo Rising has the text of Tolbert’s announcement speech, and it focuses on education and crime, but is the same sort of talk we’re used to – technocracy and incremental improvement of bureaucratic issues. It’s a nice speech, but not one that adds a vision for a future Buffalo to the standard-issue schools-and-crime talk. 

The issues are so stark, one would think we could move beyond pablum and get into something a bit different. 

While Mayor Brown has had two terms already to do something big, he’s had little to do with anything big that’s happened. However, there is one thing he is better at than any of his competitors – building and maintenance of a formidable political machine. With the Erie County Democratic Committee likely to endorse Brown in an effort to promote intraparty peace, Tolbert’s chances are only slightly – and theoretically – above nil. 

2. But one correspondent to Buffalo Rising has identified a novel way to shuttle people to and from the Outer Harbor. Despite high prevailing winds and six months’ worth of inclement weather, he has suggested a cable car system to transport people high above the Skyway corridor from CanalSide to the empty and polluted Outer Harbor. Instead of focusing on bringing to Buffalo a cablecar system that was so popular at Walt Disney World that it was removed 25 years ago, perhaps we could spend that money to clean up the contamination on the Outer Harbor property that precludes any sort of development from happening. People on Twitter had fun with the idea on Friday under the hashtag #BuffaloCableCar.

It also reminded Chris & me of the “Detroit Entrepreneurial Guy” meme (example 1, example 2) – especially this one. Just substitute “Buffalo”. 

3. About a week ago, the Buffalo News’ Mike Harrington dismissively refused to listen to a podcast that Trending Buffalo’s Brad Riter recorded with Artvoice’s Chris Smith, arguing that it wasn’t “real media”. He and I argued about what constitutes “real media” over the weekend, with Harrington insisting that Trending Buffalo isn’t “real media”, and I argued (a) that the internet is a real medium; and (b) Trending Buffalo’s legitimacy as real media is determined by people who consume its content.  If it has relevance and popularity, it’s “real media”. Harrington insisted that blogs are a “wild west” (and I pointed out the wild west was a “real place”), which is an old argument. In the end, query why it is that the Buffalo News has its journalists blog and Tweet with Buffalo News branding if social media and blogging don’t constitute “real media”. 

Journalists can blog, and bloggers can be journalists. Whether an outlet is “real media” is, in the end, wholly up to the person consuming the content. 

I’ll storify up the back-and-forth later this week. 

Follow me on Twitter and send emails and other stuff to here

 

 

Local AFP Activist Behind Anti-School Tax Direct Mail in Clarence

A spokesman for the New York branch of the right-wing group “Americans for Prosperity” (AFP) confirms that a local AFP organizer is responsible for sending slick mailings to households in Clarence under the pseudonym “Citizens for Sustainable Schools“.  No such group exists on the New York State Board of Elections website, nor is the actual entity responsible for the mailers identified on any of its materials online, or on the mailers themselves.  The AFP is a well-known fake grassroots (astroturf) advocacy group funded by Koch Industries, which advocates for conservative policies.  It is a well-funded special-interest front group based in Northern Virginia. 

Clarence voters will go to the polls on May 21st to vote on a 9.8% school tax increase to ensure that the Clarence Schools can maintain elective courses, art, and music programs in the face of financial hardships from decreased state funding, years of small increases, and legacy costs.  The school’s superintendent produced the following video, and had the courage to put his – and the district’s – name on it. 

The vote in Clarence is critical because the proposed increase exceeds Cuomo’s property tax cap, and must be approved by a supermajority (60% of votes cast). 

Chris Trimarchi of AFP New York denied that his group had any responsibility for producing or paying for the mailers, which hit Clarence homes a few weeks ago, and again on Friday May 10th. He directed me to Lisa Thrun, whom he identified as an “activist” working in the WNY area, and gave me her number. I placed a phone call to Ms. Thrun, and will update this post when I receive a reply. 

Ms. Thrun and her husband are quite active with AFP and other local tea party organizations.  They organized an Amherst anti-Obamacare teach-in with health reform opponent Betsy McCaughey in 2011, anti-Obama phone banks for AFP in 2012, and one of her LinkedIn profiles lists her as the local “Grassroots Chair” for the Koch Brothers’ decidedly astroturf AFP.  Ms. Thrun, as local chair of the AFP, is the named plaintiff in an AFP-backed lawsuit filed against Governor Cuomo over New York’s participation in a northeastern compact to reduce greenhouse emissions. Here is the first mailer that arrived in Clarence homes: 

 

Today’s version is very senior-centric, and contains great language about “open checkbooks”. Hope those seniors don’t have grandkids who might want an education!

How did I find the AFP connection? Simple. 

The mailers sent to Clarence homes, and the associated website are completely devoid of identifying information. “Citizens for Sustainable Schools” simply doesn’t exist, and the website’s Whois information is locked behind an anonymous registrant. 

Instead, I Googled the phrase “Respect the Taxpayers” and school+tax+new+york, which revealed phrases that were contained on the mailer: 

The thing is, the proposed increase is not outrageous, especially if it helps to protect the excellent quality of Clarence schools. A free and excellent public education is – or, at least, should be – every American child’s birthright. These things cost money – a good education costs money. No one doubts that an increase will be a hardship for some, but Clarence enjoys an overall property tax rate that is significantly lower than that of its Erie County neighbors, and part of the reason why Clarence has grown while other communities have not has to do with the excellence of our schools. 

If the budget doesn’t pass, it is likely that all bands and orchestras at Clarence schools will be eliminated, and all musical instrument instruction will cease. Those 13 educators will be out of work, having negative economic consequences. This includes the concert orchestra, symphony orchestra, chamber orchestra, concert band, symphonic band, wind ensemble, 6th, 7th, and 8th Grade Band & Orchestra will be eliminated. Without passage, all vocal music classes will be cut from the middle and high school. All that will be left is the K-8 general music class – the bare minimum the state mandates. will receive ONLY a General Music class; the basic requirements mandated by the State.

On April 2nd, the Clarence Central School District has been recognized as one of its Best Communities for Music Education. Only 307 school districts in the country received this recognition.  9 of the Top 10 Seniors are music students. If the budget passes, the increase in monthly taxes would rise by approximately $11 per $100,000 of assessed value. If you own a house worth $200,000, that’s an extra $22 – the cost of a large pizza with a couple of toppings. Even with the 9.8% increase, Clarence will have the 2nd lowest taxes in Erie County.

For what kind of America is AFP advocating if it recommends effectively ending music and art education in schools? What kind of America does AFP seek if it demands that already financially burdened schools cut – with a hacksaw – to a barebones budget? At what point do we stand up and recognize that we invest in our children, and our families and our society derive a palpable, lifelong return on that investment? 

Vote yes on May 21st at the Clarence High School gymnasium from 7am – 9pm. The quality of our kids’ education, the quality of life in the town, and the town’s desirability are at stake. 

Hamburg and the Constitution

The right to blog anonymously is a right. The Hamburg School District is trampling all over that right, and sends a poor message to the students it purports to represent

I have never read the “Hamburg Educational Ethics” blog, which is written by the “Concerned Hamburger” anonym, but whoever writes it is a WNY blogger and, as far as I’m concerned, a colleague. 

I don’t know the first thing about what goes on in the Hamburg schools, but I know that the district doesn’t have to like what the author of that blog writes – in fact, they can hate it. But that doesn’t give them the right to serve a subpoena to “out” its author. 

Criticism of a school district is, after all, political speech – in 1st Amendment jurisprudence, political speech is afforded the very highest protection from government intervention or harassment. It is unconscionable that the district – which is a government entity – is so blatantly violating the 1st Amendment in an attempt to silence a critic. This is the stuff dictatorships do. It is absolutely unacceptable in this country. 

One of the blog’s anonymous commenters, who is also subject to the district’s subpoena, wrote this

Dear Readers….

Recently Concerned Hamburger received an email notification from Google indicating that the Hamburg School District, through their attorney Dick Sullivan of Harris Beach~ a commercial real estate attorney moonlighting in education and constitutional law~issued a subpoena to Google demanding the identities of Concerned Hamburger, Super and Klozman.  Immediately, Concerned, Super and Klozman, remaining anonymous,  hired a constitutional attorney to quash the subpoena.  You see readers~ we have the right in this country to voice our opinions and state the facts as we see them.  For almost three years and approximately 300K page hits, Concerned Hamburger has been operating as a citizen journalist reporting on the antics of the public faces of the Hamburg School District. Concerned is dedicated to reporting, and will continue to write on the school district despite their efforts to silence me and others.  It has been reported to Concerned Hamburger by many sources, that Dr. Joan Calkins has a vindictive and demonic alter ego.  Joan’s “other self ” has reported thoughout the Hamburg Community that she will unmask Concerned Hamburger, and she will cause financial harm to the victims of frivolous and baseless lawsuits she and Steve concocted.  Fortunately, turn around is fair play, and it seems that the plans of the District, the Bored of Education, Mr. Abramovitch and others will have unintended consequence never deemed fathomable on the onset of their witch hunt.  

Frankly, if the behavior of the the Bored of Education and Mr. Achramovitch was not so egregiously corrupt, there would be no material to report.  Instead, you the reader~of which there are many~ have been give factual, and sometimes humorous, accounts of the insidious behavior. 

Concerned Hamburger has already spent thousands of dollars attempting to protect their rights, and it is likely the the district has spent tens of thousands on this witch hunt.   This latest stunt by Steve and Joan et. al. should shock the conscience of any reader.  Taxpayer dollars intended to go to children to support a fair and balanced education in accordance with NYS Constitutional Law instead is being used to strip  Federal and State Constitutional rights from private citizens- who are taxpayers. Steven Achramovitch ought to be fired immediately, and charges should be filed against each and every board member individually and collectively. A groundswell of anti-Joan and Steve support it growing across this community, and it appears this is only the beginning. 

Sincerely,

Concerned Hamburger 

That’s the nice thing about the 1st Amendment’s protection of political speech – if you don’t blatantly libel someone (that is, knowingly or negligently publishing a false statement of fact, depending on whether the subject is a public figure or not), you can write whatever you want. For instance, the author above refers to people as  “corrupt”, “frivolous”, “vindictive” and “demonic”. Those are statements of opinion, not fact, and opinion cannot be false or true – it is protected speech. 

A quick scan of the front page of the blog reveals recitations of facts dealing with school policy and budgeting, and opinion about those facts. Nothing appears to be defamatory or otherwise actionable. The fact that the district took action against the bloggers and not individual members who feel insulted helps enhance the Constitutional issue.

Bloggers have rights with their foundation in the 1st Amendment.  Anonymity is sometimes used by bloggers to shield them from repercussions at work. In 1995, the Supreme Court held that anonymous speech is protected speech

Protections for anonymous speech are vital to democratic discourse. Allowing dissenters to shield their identities frees them to express critical minority views . . . Anonymity is a shield from the tyranny of the majority. . . . It thus exemplifies the purpose behind the Bill of Rights and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society.

The Federalist Papers were written by anonyms. The Hamburg school blog may be no Federalist Papers, but it is still important to protect anonymous political speech, and the district’s efforts to use the courts to chill speech critical of it is reprehensible. 

While a minority of western New Yorkers expresses weeks’ worth of righteous Constitutional outrage over a gun law that only slightly tightens what were already the most restrictive gun laws in the country, this – this infringement on protected political speech deserves at least the same reaction.  

Perhaps the district’s social studies teachers can add this to their curriculum. 

Baseball Season

Now, Carl Paladino has won elected office and can no longer just throw stones. Now? He has to produce tangible results. 

The Buffalo schools are a huge problem, and I wish the new board – including Mr. Paladino – well in their efforts to bring about positive changes. We’ll see if the baseball bat approach works, I reckon. 

It will also be interesting to watch Mr. Paladino’s interaction with the superintendent’s office, but also with the Special Assistant to the Superintendent for Community Relations. 

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