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The Michigan Messenger going forward

By Staff Report | 11.16.11

I am writing today to announce the closure of the Michigan Messenger. After four years of operation in Michigan, the board of the American Independent News Network, has decided to shift publication of its news into a single site, The American Independent at Americanindependent.com. This is part of a shift in strategy, towards new forms [...]

Colorado-based abstinence program provided false and misleading information to Michigan students

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By Todd A. Heywood | 11.16.11

An abstinence-only presentation provided to numerous school districts in Calhoun and Eaton Counties in October of this year provided false and misleading information to students about HIV, experts allege.

Class action lawsuit filed against MERS over unpaid taxes

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By Todd A. Heywood | 11.15.11

Two county registers of deeds filed a class action lawsuit Monday on behalf of Michigan’s 83 counties alleging that the Mortgage Electronic Registration Services owes millions of dollars in property title transfer taxes.

Schuette fights important mercury regulations

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By Eartha Jane Melzer | 11.14.11

Despite evidence of the impact of mercury on children and public health, Michigan Attorney General Bill Schuette last month joined with 24 other state attorneys general in filing a lawsuit to scuttle new EPA regulations that would reduce mercury emissions from power plants.

Dilemma for MSU: What Price Hate Speech on Campus?

By Todd A. Heywood | 11.23.07 | 7:04 am

[COMMENTARY] Michigan State University is in the middle of a difficult community debate about the difference between free speech and hate speech. And more important, should hate speech be protected speech.

The university has had to confront this debate head-on because the MSU chapter of the conservative Young Americans for Freedom (YAF) has sponsored talks by a series of highly controversial speakers.  Further, the YAF chapter itself has been named as a hate group. 

Administrators have stated they personally find the views of the YAF speakers offensive. Those speakers include Rep. Tom Tancredo (R-Colorado), a strong opponent of illegal immigration who is running for the Republican presidential nomination; Chris Simcox, head of the Minutemen Civilian Defense Corps, an anti-immigration group that runs vigilante border patrols;  Ryan Sorba, who maintains that being born gay is a hoax;  and Nick Griffin, a British politician who has denied that the Holocaust happened. But  MSU officials  also maintain that  MSU should be a free marketplace of ideas and that even if ideas are racist, sexist or homophobic they are protected under the First Amendment.

Continued -The university also  has the responsibility to ensure that everyone is safe in such contentious situations. This means, in many cases, the university has a responsibility to deploy  security staff. And they have done so, with a great show of force,  at each of the YAF-sponsored talks.

Here is where things get a little more troublesome for me. All of the security measures that have been implemented to secure the First Amendment rights of YAF’s speakers have been paid for  by the university — which means by taxpayer funds. This is a result of a threat against the university by the  Foundation for Individual Rights in Education. Last March the conservative group wrote MSU President Lou Anna K. Simon to protest MSU’s attempt to have YAF pay for additional security for a planned showing of the Muslim-bashing  film “Obsession: Radical Islam’s War Against the West.”(http://www.thefire.o….) As a result of this letter, MSU dropped the requirement that  YAF  pay for security.

But  while MSU does not charge YAF for event security,  the university continues to charge other student groups to do so.  In  October the Alliance of Lesbian, Bisexual, Gay, Transgender, Intersex and Allied students of MSU hosted a Coming Out Day Dance at Kellogg Center. The alliance was required to pay for security. The university said that Kellogg Center, which is owned and operated by MSU,  requires greencoat (non-police) security at any event.  This raises the question: How can one part of the university have a policy requiring hiring security staff, while another part of the university does not?

The security measures for Simcox, who spoke at MSU last April and again Tuesday night at  YAF’s invitation, were stunning.  In April, MSU  spent nearly $3,000 to rent metal detectors and  had dozens of uniformed campus officers on duty at the event. MSU rented floodlights and portable generators and  brought in police dogs to search the building prior to the event. These same measures were taken Tuesday.

While the question of whether such security is necessary can be debated, there is a more important question. Since April, I have repeatedly asked  Michigan State University to make pubic how much money has been spent in security for YAF events.

MSU spokesman Terry Denbow has consistently said that he continues to ask for the information, but that it has not been forthcoming from the campus police. MSU police public information officer Florene McGlothian-Taylor directed me to file a Freedom of Information Act request. That request was denied, however,  because in order to give me the specific amount spent on the Simcox talk in April,  the university would have to create a document. The state’s FOIA law is clear that only already existing documents may be requested.

So here we are, seven months after the April event, and the public still does not know how much taxpayers spent to ensure Simcox’s free-speech rights. Now we have a second Simcox appearance, with the same heavy police protection,  and no one can answer how much taxpayer money was spent on this event, either.

MSU is doing the right thing in protecting the First Amendment rights of speakers on campus. However, its  continued failure to publicly account for the expenses is in violation of the spirit of public accountability, not to mention the law. Transparency is necessary when you are spending public  dollars.

So the questions now are:  When will MSU become transparent about  security measures and costs associated with protecting  the First Amendment rights of  highly controversial speakers?  And what if anything will it do about  a student group that seems to court confrontation by bringing those speakers to campus and predicting  that there will be violence?

It’s time for MSU to be accountable.

Comments

  • Kevin Shopshire

    Unbelievable I would have thought that’s a sticky question that needed to be studied, weighed and debated. But requiring the Alliance of Lesbian, Bisexual, Gay, Transgender, Intersex and Allied students to pay for security blows that out of the water. Perhaps a FOIA request that is very well crafted will do the trick. There has to be existing documents or invoices if money is paid out.

  • Chris Singer

    Nice job Todd This is great. I agree with Kevin, there must be invoices and such available.  The December trustee meeting might be a good time to publicly comment as well.

  • chetly

    Hm I agree that if one student group isn’t paying for security, others shouldn’t be paying in similar situations (although MSU may have an argument that something as large as the Kellogg Center is different from a normal lecture room which I think is typical of what I’ve seen of YAF events on the YouTube videos).

    And yes, this is ripe for FOIA, and you just need to get better at specifying and doing the second follow-up FOIA in the no document situation, or taking a different angle to getting them.  The key in FOIA is always the follow-up/second effort – like running the ball on 4th and 1 and bouncing off that first tackle and still lunging for the first down.

  • Kevin Shopshire

    Hate groups I don’t see what the size of the venue has anything to do with it. You also have to consider that one is group is a hate groups that just wants to stir up violence, get a reaction and shock and the other is just a group of young adults who just want to have a good time and have a little fun.

  • Ed Brayton

    A few important points

    1. I don’t think it’s accurate to say that MSU having to pay for the additional security necessary to protect controversial speakers is due to “threats” by FIRE toward the university. MSU, like any other government agency, is forbidden to pass on the cost of that security to the group needing protection by the law; FIRE merely reminded the university that they could not do so. And this law is good law, necessary for the first amendment to have meaning. The reason that governments cannot pass on the costs of protection of controversial speakers and events is because the government has historically used that to squash the free speech rights of Americans.

    When governments in the South wanted to deny civil rights groups the right to march, they often did so by requiring them to pay for police protection or requiring them to buy hugely expensive insurance policies or bonds that would pay for that protection if there was any violence. This gave those who opposed such marches a simple way to make sure they never took place – show up and cause trouble and the cost of police protection goes up and up and up so they can no longer afford to march. This isn’t hypothetical, it happened all over the country until the courts stepped in and said that it couldn’t happen anymore. So this was not the result of some empty or unjustified threat by FIRE; it is necessitated by the Constitution itself. Allowing the government to charge people for the protection of their right to free speech effectively eliminates free speech (except, of course, for the wealthy, who can afford to pay the cost). This is not something progressives should be complaining about, no matter how heinous we may find the content of the speech in this particular case.

    2. I don’t think it’s accurate to call FIRE a “conservative” group. FIRE was founded by one conservative and one liberal and its boards of directors and advisers are likewise a mixture. Their leadership includes people like Nat Hentoff, Wendy Kaminer, Nadine Strossen and Harvey Silvergate (who co-founded FIRE). All are longtime ACLU activists and board members. They defend the free speech rights of left and right equally. The fact that they have often defended the free speech rights of conservatives does not make the group conservative, any more than the ACLU’s defense of the KKK makes them white supremacists. What they are defending is the liberal principle of freedom of speech regardless of the content of that speech.

    3. It really needs to be said that no matter what the cost was for MSU to provide that protection, they are legally required to pay it and legally forbidden to pass it on to those who needed the protection. The real fault here, I would argue, lies with those who have attempted to disrupt such events, pulling fire alarms, trying to drown out speakers and even physically harassing speakers and event organizers – in at least one case reported here, chasing them into a parking garage. That’s why the heightened protection is necessary. If everyone would recognize that these people have precisely the same right to speak that they themselves do and respect that, there would be no need for such costly law enforcement measures. But that clearly is not the case. And again, historically this has far more often been used to shut down the free speech rights of the left, not the right. It is no less an affront to liberty, however, when it is used to shut down speech by conservatives rather than liberals. Free speech is one of the core ideas of liberal democracy. If we do not protect that principle even when it is used to broadcast ideas we find vile, we put our own freedom at enormous peril.

  • Kevin Shopshire

    Unbelievable I would have thought that's a sticky question that needed to be studied, weighed and debated. But requiring the Alliance of Lesbian, Bisexual, Gay, Transgender, Intersex and Allied students to pay for security blows that out of the water. Perhaps a FOIA request that is very well crafted will do the trick. There has to be existing documents or invoices if money is paid out.

  • Chris Singer

    Nice job Todd This is great. I agree with Kevin, there must be invoices and such available.  The December trustee meeting might be a good time to publicly comment as well.

  • chetly

    Hm I agree that if one student group isn't paying for security, others shouldn't be paying in similar situations (although MSU may have an argument that something as large as the Kellogg Center is different from a normal lecture room which I think is typical of what I've seen of YAF events on the YouTube videos).

    And yes, this is ripe for FOIA, and you just need to get better at specifying and doing the second follow-up FOIA in the no document situation, or taking a different angle to getting them.  The key in FOIA is always the follow-up/second effort – like running the ball on 4th and 1 and bouncing off that first tackle and still lunging for the first down.

  • Kevin Shopshire

    Hate groups I don't see what the size of the venue has anything to do with it. You also have to consider that one is group is a hate groups that just wants to stir up violence, get a reaction and shock and the other is just a group of young adults who just want to have a good time and have a little fun.

  • Ed Brayton

    A few important points

    1. I don't think it's accurate to say that MSU having to pay for the additional security necessary to protect controversial speakers is due to “threats” by FIRE toward the university. MSU, like any other government agency, is forbidden to pass on the cost of that security to the group needing protection by the law; FIRE merely reminded the university that they could not do so. And this law is good law, necessary for the first amendment to have meaning. The reason that governments cannot pass on the costs of protection of controversial speakers and events is because the government has historically used that to squash the free speech rights of Americans.

    When governments in the South wanted to deny civil rights groups the right to march, they often did so by requiring them to pay for police protection or requiring them to buy hugely expensive insurance policies or bonds that would pay for that protection if there was any violence. This gave those who opposed such marches a simple way to make sure they never took place – show up and cause trouble and the cost of police protection goes up and up and up so they can no longer afford to march. This isn't hypothetical, it happened all over the country until the courts stepped in and said that it couldn't happen anymore. So this was not the result of some empty or unjustified threat by FIRE; it is necessitated by the Constitution itself. Allowing the government to charge people for the protection of their right to free speech effectively eliminates free speech (except, of course, for the wealthy, who can afford to pay the cost). This is not something progressives should be complaining about, no matter how heinous we may find the content of the speech in this particular case.

    2. I don't think it's accurate to call FIRE a “conservative” group. FIRE was founded by one conservative and one liberal and its boards of directors and advisers are likewise a mixture. Their leadership includes people like Nat Hentoff, Wendy Kaminer, Nadine Strossen and Harvey Silvergate (who co-founded FIRE). All are longtime ACLU activists and board members. They defend the free speech rights of left and right equally. The fact that they have often defended the free speech rights of conservatives does not make the group conservative, any more than the ACLU's defense of the KKK makes them white supremacists. What they are defending is the liberal principle of freedom of speech regardless of the content of that speech.

    3. It really needs to be said that no matter what the cost was for MSU to provide that protection, they are legally required to pay it and legally forbidden to pass it on to those who needed the protection. The real fault here, I would argue, lies with those who have attempted to disrupt such events, pulling fire alarms, trying to drown out speakers and even physically harassing speakers and event organizers – in at least one case reported here, chasing them into a parking garage. That's why the heightened protection is necessary. If everyone would recognize that these people have precisely the same right to speak that they themselves do and respect that, there would be no need for such costly law enforcement measures. But that clearly is not the case. And again, historically this has far more often been used to shut down the free speech rights of the left, not the right. It is no less an affront to liberty, however, when it is used to shut down speech by conservatives rather than liberals. Free speech is one of the core ideas of liberal democracy. If we do not protect that principle even when it is used to broadcast ideas we find vile, we put our own freedom at enormous peril.