Home Blog Page 3511

Political Candidates Don’t Always Tell the Truth , And You Can’t Make Them

0

Say you’re a politician running for office, and you want to call out your opponent’s votes against education or guns. If you’re in Montana, a bipartisan group of lawmakers has a new demand: Prove it.

Legislators in Big Sky Country want candidates or political groups who attack a voting record to back up the charge with specifics. Under legislation that has been filed repeatedly in recent years, ads would have to include the title and number of a bill or resolution referred to and the year when the vote was taken.

But the bruising fight to impose a new law in Montana shows just how difficult it is for states to restrict political speech.

Since 2011, Montana courts have struck down three similar attempts to require truth in political advertising, saying the laws were “unconstitutionally vague” and therefore infringed on the free speech rights of Montanans.

“Unfortunately, the wording used was too broad and wasn’t enforceable,” said Democratic state Rep. Kimberly Dudik, who authored an unsuccessful fix this year. “This isn’t something that’s done a lot. We’re really breaking new ground here.”

To be sure, some two dozen states have for years made it illegal to lie in a political campaign about certain claims, such as when polls open or whether a candidate got an endorsement.

But now, in a country whose president has been shown to have uttered thousands of falsehoods in the past year, and as opinion surveys show an electorate continually skeptical of both public officials and the media, many experts say voters deserve to know they’re getting the truth from political advertising.

STATELINE STORY

Lawmakers Look to Curb Foreign Influence in State Elections

Those crackdowns don’t come easy, though. The U.S. Constitution’s First Amendment protects free speech in most forms, and various courts have ruled that state laws restricting political speech infringed on those rights. The U.S. Supreme Court ruled in the landmark 2010 Citizens United case that corporations, too, had a right to free speech and campaign donations, making some state efforts even murkier.

“Requiring truth makes a lot of sense, but enforcement of what is true is a contested thing these days,” said Michael Franz, a professor of government and legal studies at Bowdoin College in Brunswick, Maine. “It’s important for states to consider these things, but the nitty gritty is where it gets tough.”

Consider Montana, one of the nation’s least populous states. For years, the state has tried to limit the influence of money in politics, and this year the U.S. Supreme Court left in place a new Montana law limiting campaign donations.

Also this year, two weeks after Dudik’s bill failed in the House, Democratic state Sen. Jen Gross wrote a bill of her own using similar language. Then, after seeing her legislation tabled in committee, she used a procedural maneuver to force a vote in the full GOP-led Senate. The bill passed.

But she couldn’t get a vote in the House when Republican Speaker Greg Hertz said the bill violated chamber rules because it had “the same purpose” as a bill that had recently failed.

Republican state Rep. Forrest Mandeville said the legislature should stop “banging our head against the wall” on an issue that is “blatantly unconstitutional.”

“Every two years, the legislature makes a few tweaks to it, and every two years the court throws it out,” he said. “I don’t think it does any good to pass an unconstitutional bill so that a couple of members can feel good about themselves.”

STATELINE STORY

State Financial Disclosure Antiquated, Inaccessible

While the Federal Trade Commission requires some truth in commercial advertising, there is no federal regulation for truth in political advertising. And states have had mixed results in their efforts.

As of 2014, 27 states prohibited certain kinds of false statements, according to the most recent tally by the National Conference of State Legislatures, which tracks state laws. Some states make it illegal for candidates to lie about endorsements, veteran status or incumbency.

Since then, courts have struck down laws in four of the states: Kentucky, Massachusetts, Minnesota, and Ohio.

In 2016, for example, the 6th U.S. Circuit Court of Appeals found unconstitutional an Ohio law that banned campaigns and candidates from spreading false statements. “Even false speech receives some constitutional protection,” Chief Judge R. Guy Cole Jr. wrote in his decision.

But David Schultz, a professor of political science at Hamline University and a professor at the University of Minnesota School of Law, said he thinks that the First Amendment does not protect lying in politics and that there are constitutional limits to free speech.

Why, he asked, can’t states implement a check on candidates and political action committees who are “essentially lying or significantly distorting” voting records?

“The structural integrity of democracy is people telling the truth and playing fairly,” Schultz said. “If we don’t have that in place, the system collapses.”

STATELINE STORY

Provisional Ballots Protect Voting Rights — When They Are Counted

A substantial percentage of candidates and outside groups already footnote claims they make in ads against candidates with specific bills, quotes or media sources, said Bowdoin’s Franz, who is also co-director of the Wesleyan Media Project, which tracks political advertisements.

“The presumption is that they make the claims more powerful if there’s supportive evidence in the ads,” Franz said. “But it comes with a big caveat that claims made with supportive evidence still may not be true.”

Several states have attempted in the last two years to tighten rules for online political advertising.

California, Maryland, New York and Washington state crafted new transparency laws for digital political advertisements in the wake of Russian social media interference during the 2016 presidential election.

But once again, courts have pushed back against these efforts. In January, a federal judge ruled that Maryland’s law that regulates political ads on social platforms violates the First Amendment.

States have had some successes: In December, Facebook announced it would stop displaying political ads in Washington after the state sued the social media company and Google in June, accusing them of violating campaign finance rules for maintaining records. Earlier last year, Google also paused political advertisements in Washington in response to the lawsuit.

David Keating, the president of the Institute for Free Speech, a Virginia-based organization that opposes campaign finance limits, said the latest legislative attempt in Montana is just “another example of legislatures trying to commandeer other people’s speech for their purposes.”

“I find it objectionable — period — that they would seek to regulate the content of speech,” he said. “The courts have clearly said that the government is not the speech police.”

The current system for political advertising, under which campaigns and groups conform to different broadcasters’ standards, works well, he said.

Instead of regulating speech, the best way to counter negative ads about a candidate is by producing an ad in favor of that candidate, providing enough information for voters to seek the truth, he said.

If legislation were to pass in Montana, said state Commissioner of Political Practices Jeff Mangan, the chief campaign finance enforcement official, he “fully expects” the law to be challenged right out of the gate. He’s not optimistic that courts would support the proposed restrictions.

“I don’t see the courts changing their minds any time soon,” Mangan said.

Even so, that will not stop Dudik, the Montana Democrat who is now running for state attorney general, from trying once again to regulate political advertisements in her state.

This week, she introduced a new bill. Instead of requiring specific information on the actual attack ads, she said, the legislation would require candidates and groups to file supporting evidence for attack ads with the commission of political practices, which would then make the information available online for residents.

“We require truth in advertising in everything else,” Dudik said. “I don’t know why we shouldn’t have it in our campaigns.”

Senator Braun Visits Evansville

0

Senator Braun Visits Evansville

Jasper native and Indiana’s freshman Senator Mike Braun returns to the Tri-State Thursday. While the U.S. Senate is in recess Braun is traveling around Indiana meeting with voters around the state.

 

His visit is part of the U.S. Chamber of Commerce “Freshman Forum” event series. He’ll be meeting with business leaders around the state starting with the Southwest Indiana Chamber in Evansville.

Among the topics, he discussed at Thursday’s chamber event road construction projects and how they will help the state continue to grow and improve.

Sen. Braun says, “Thank goodness Indiana had the fortitude and the vision to do what we did in seventeen and the only disadvantage is we see road construction and repair everywhere, but we made the hard decision to do it. So, I want to let them know that I am going to be a disciple for all the good stuff that’s there but not be afraid to speak up on things I think need great improvement.”

Braun is also the keynote speaker for Thursday’s Vanderburgh County Lincoln Day Dinner.

That event gets underway at the Evansville Country Club at 6:30 p.m.

Comments

COA Splits On Definition Of ‘Squeezed’ In Burglary Case

0

Katie Stancombe for www.theindianalawyer.com

A man’s assertion that he “squeezed through” an open door without the homeowner’s permission has left an appellate panel divided over whether the man properly pleaded guilty to burglary, resulting in a split conclusion that he still used unauthorized force to gain entry.

In 2001, David Hooker faced the bench at a change-of-plea hearing for charges of felony burglary. Hooker admitted that he had to squeeze through the door of a residence he entered, but that because it was already open, he did not push or touch it in the process.

At that time, a person breaking and entering a building or structure of another person with intent to commit a felony in it was considered to have committed Class C felony burglary under Indiana Code section 35-43-2-1. Hooker ultimately pleaded guilty to that offense, but later filed for relief, asserting the Vanderburgh Circuit Court improperly accepted an unreliable plea.

The trial court denied Hooker’s PCR request, so he appealed that decision as clearly erroneous. But a split Indiana Court of Appeals panel concluded otherwise in David Hooker v. State of Indiana,18A-PC-2318.

The majority concluded that Hooker’s equivocation at his guilty plea hearing did not amount to a denial of breaking into the residence, noting that he said nothing of which amounted to an actual denial of breaking.

“While it is well-established that ‘[w]alking through an open door does not constitute a ‘breaking’ as such element is known in the crime of burglary[,] … this is not what Hooker claimed to have done,” Judge Cale Bradford wrote for the majority, with Judge Elaine Brown concurring.

“Hooker admitted that he had to ‘squeeze’ through an opening to enter the residence, and ‘[a] ‘breaking’ is established when even the slightest force is used to gain unauthorized entry[.],’” Bradford continued. “At most, Hooker indicated that he did not have to push the door open, which still does not take him where he needs to go. Even if we assume that the partially-open door did not move at all when Hooker squeezed through it, force was nonetheless used.”

The majority additionally noted Hooker’s multiple admissions of guilt during the hearing and his failure to deny committing actions that qualified as breaking. Thus, in finding that the trial court did not accept the guilty plea while Hooker was simultaneously maintaining his innocence, the appellate court found Hooker failed to establish the judgment was clearly erroneous.

But Judge L. Mark Bailey dissented from the majority, arguing that the minority minimized Hooker’s statements regarding his assertion that he “moved by” or “squeez[ed] through” a propped-open door.

“It seems the majority is faulting Hooker for imprecision — in that ‘squeezing’ through a doorway could have involved some force against the door or the frame,” Bailey opined in his dissent. “Thus, according to the majority, Hooker never really disputed any element. Yet, Indiana law holds trial courts — not defendants — accountable for scrutinizing guilty pleas prior to acceptance.”

Bailey further noted it was not Hooker’s responsibility to clarify his own equivocation, and that any uncertainty regarding Hooker’s definition of squeezing by the door could have clarified by the trial court or at subsequent hearings.

“Under these circumstances, the plea was unreliable as a matter of law,” Bailey wrote. “I would therefore conclude that the post-conviction court clearly erred in denying relief.”

Gov. Holcomb Public Schedule for March 22

0

Below find Gov. Eric J. Holcomb’s public schedule for March 22, 2019.

Friday, March 22: Indiana Economic Development Corporation Board Meeting

WHO:              Gov. Holcomb

 

WHAT:            The governor will chair the meeting.

 

WHEN:            1:30 p.m., Friday, March 22

 

WHERE:          Rose-Hulman Institute of Technology
5500 Wabash Ave.

Terre Haute, IN 47803

Hoosiers Qualify Two Individuals, Relay for Finals on Thursday at NCAA Championships

0

The No. 17-ranked Indiana University women’s swimming and diving team began competition at the 2018 NCAA Championships on Thursday morning at the Lee and Joe Jamail Texas Swimming Center in Austin, Texas.

Senior Bailey Andison qualified for the Championship Final of the 200 IM, while redshirt senior Jessica Parratto qualified for the Consolation Final of the 1-meter dive. Indiana also qualified for the Championship Final of the 400 medley relay.

200 Freestyle Relay

In the 200 freestyle relay, the Hoosier team of Julia Wolf, Christine Jensen, Shelby Koontz and Laurel Eiber placed 23rd overall with a time of 1:30.07.

500 Freestyle

Indiana had a strong showing in the 500 freestyle prelims, with four of the five swimmers improving from their seeds.

Freshman Noelle Peplowski placed 27th overall with a career-best time of 4:41.51, improving 20 spots from her seed. Josie Grote took 34th overall with a personal-best mark of 4:42.96, improving 18 spots from her seed.

Cassy Jernberg finished 36th overall with a time of 4:43.07, while freshman Christin Rockway took 41st with a mark of 4:43.96. Classmate Maggie Wallace placed 59th overall with a time of 4:50.67. Rockway and Wallace improved four and two spots from their seeds, respectively.

200 IM

Senior Bailey Andison had a great performance in the 200 IM prelims, qualifying eighth overall to earn a spot in the Championship Final on Thursday night. Andison touched with a time of 1:54.75, the second-fastest mark in school history.

Freshman Mackenzie Looze improved 11 spots from her seed in the event, tying for 17th overall with a time of 1:56.64. Lilly King finished 21st with a time of 1:56.83, while Bailey Kovac took 43rd in 1:58.40, improving six spots from her seed. Laura Morley was 46th with a mark of 1:58.85.

Since she tied for 17th, Looze had to compete in a swim-off to see who would earn the first alternate spot for the Consolation Final. The freshman won the swim-off, touching with an even better time of 1:56.11.

400 Medley Relay

The Hoosier team of Morgan Scott, Lilly King, Christine Jensen and Shelby Koontz had a great showing in the prelims of the 400 medley relay, earning the No. 2 spot for Thursday night’s Championship Final with a time of 3:27.89.

1-Meter Dive

Redshirt senior Jessica Parratto qualified XXth overall in the 1-meter dive with a score of 296.65, earning a spot in the Consolation Final.

The 2019 NCAA Championships will continue on Thursday evening with the finals of the 200 freestyle relay, 500 freestyle, 200 IM, 50 freestyle, 1-meter dive and 400 medley relay. The action gets underway at the Lee and Joe Jamail Texas Swimming Center at 6:00 p.m. ET.

Be sure to keep up with all the latest news on the Indiana men’s and women’s swimming and diving teams on social media – Twitter, Facebook and Instagram.

200 Freestyle Relay

23. Julia Wolf, Christine Jensen, Shelby Koontz, Laurel Eiber – 1:30.07

500 Freestyle

27. Noelle Peplowski – 4:41.51 (Personal Best)

34. Josie Grote – 4:42.96 (Personal Best)

36. Cassy Jernberg – 4:43.07

41. Christin Rockway – 4:43.96

59. Maggie Wallace – 4:50.67

200 IM

Bailey Andison – 1:54.75 (Championship Final)

T-17. Mackenzie Looze – 1:56.54

21. Lilly King – 1:56.83

43. Bailey Kovac – 1:58.40

46. Laura Morley – 1:58.85

1-Meter Dive

Jessica Parratto – 296.65 (Consolation Final)

400 Medley Relay

Morgan Scott, Lilly King, Christine Jensen, Shelby Koontz – 3:27.89 (Championship Final)

 

 

USI Softball schedule shakeup

0

University of Southern Indiana Softball has had a schedule change to its weekend slate as the Screaming Eagles’ doubleheader at the University of Missouri-St. Louis has been changed to a 1 p.m. start on Friday to to rain in the forecast in the St. Louis area on Sunday. USI’s doubleheader at Maryville University Saturday at noon remains unchanged.

NCAA will host Division II pre-championship coaches press conference Tuesday

0

The NCAA will host a news conference Tuesday, March 26 at 2 p.m. at the Ford Center with head coaches from the eight teams participating in the NCAA Division II Men’s Basketball Elite Eight and Mayor Lloyd Winnecke.  Those wishing to cover the event and/or the press conference must apply for credentials at ncaa.com/media.

What: NCAA Division II Men’s Basketball Elite Eight Pre-Championship Coaches Press Conference
When: Tuesday, March 26 – 2 p.m.
Where: Ford Center

Coaches attending the press conference will be:
(Seed) Region: School (Record) – Coach – Alma Mater (Years at Institution)

(1) Central: Northwest Mo. St. (35-0) – Ben McCollum – Northwest Mo. St. (10th season)

(8) Atlantic: Mercyhurst (26-7) – Gary Manchel – Vermont (15th season)
(4) South: Nova Southeastern (29-3) – Jim Crutchfield – West Virginia (2nd season)

(5) East: St. Anselm (25-5) – Keith Dickson – New Hampshire (33rd season)

(2) South Central: West Tex. A&M (34-3) – Tom Brown – Winona St. (5th season)

(7) Midwest: Southern Ind. (25-8) – Rodney Watson – Eastern Ill. (10th Season)
(3) Southeast:  Queens (NC) (31-4) – Bart Lundy – Lenoir-Rhyne (6th season)

(6) West: Point Loma (29-4) – Ryan Looney – Eastern Ore. (3rd season)

The NCAA will host a news conference Tuesday, March 26 at 2 p.m. at the Ford Center with head coaches from the eight teams participating in the NCAA Division II Men’s Basketball Elite Eight and Mayor Lloyd Winnecke.  Those wishing to cover the event and/or the press conference must apply for credentials at ncaa.com/media.

What: NCAA Division II Men’s Basketball Elite Eight Pre-Championship Coaches Press Conference
When: Tuesday, March 26 – 2 p.m.
Where: Ford Center

A complete schedule of events can be found below:

 

Date Time Event Broadcast
Tuesday, March 26 10 – 10:55 a.m. St. Anselm Practice  
  11 – 11:55 a.m. Nova Southeastern Practice  
  12 – 12:55 p.m. Mercyhurst Practice  
  1 – 1:55 p.m. Northwest Mo. St. Practice  
  2 – 2:45 p.m. Pre-Championship Press Conference  
  3 – 3:55 p.m. Southern Ind. Practice  
  4 – 4:55 p.m. West Tex. A&M Practice  
  5 – 5:55 p.m. Point Loma Practice  
  6 – 6:55 p.m. Queens (NC) Practice  
Wednesday, March 27 Noon (4) Nova Southeastern vs. (5) St. Anselm NCAA.com
  2:30 p.m. (1) Northwest Mo. St. vs. (8) Mercyhurst NCAA.com
  6 p.m. (2) West Tex. A&M vs. (7) Southern Ind. NCAA.com
  8:30 p.m. (3) Queens (NC) vs. (6) Point Loma NCAA.com
Thursday, March 28 6 p.m. Semifinal #1 CBS Sports Network
  8:30 p.m. Semifinal #2 CBS Sports Network
Friday, March 29 7 p.m. Reese’s Division II All-Star Game  
Saturday, March 30 2 p.m. National Championship CBS

 

Crouch, FSSA accepting 2019 Golden Hoosier Award nominations

0

 Lt. Governor Suzanne Crouch, in collaboration with the Indiana Family and Social Services Administration’s Division of Aging has announced that nominations are now being accepted for the 2019 Golden Hoosier award.

“Every year, it amazes me how many thoughtful and selfless Hoosiers we have in our state, and those characteristics are often not restricted by age,” Crouch said. “The best thing about Indiana are her people, men and women who often look to their neighbor and see how they can help them, and I am proud to honor the Golden Hoosiers every year.”

Crouch said that the award began in 2008 and annually honors Hoosier senior citizens for their lifetime of service and commitment to their communities.

To be eligible for the Golden Hoosier Award, the nominee must currently be an Indiana resident, aged 65 or older and have been a volunteer in the community for the past three years.

The deadline for submitting applications is April 29th, 2019 and you can access the electronic nomination form at https://www.in.gov/lg/2532.htm. The ceremony honoring those selected will be held on Monday, June 24th, 2019 at the Eugene and Marilyn Glick Indiana History Center.

ADOPT A PET

0

Elvira is an adult American rabbit who was found as a stray on Evansville’s east side! She was most likely dumped, since most bunnies can’t escape homes on their own. She’s a sweet girl who has already been spayed & microchipped in preparation for her new indoor home. She’s estimated to only be about a year old. Since a bunny lifespan is 8-10+ years, she’s still a spring chicken. She’s also the second-longest bunny resident at VHS, waiting on a home since last July. Her adoption fee is $50. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

 

ADOPT A PET

0

Sila is a female calico cat. She’s about 2 years old. She would probably do best in a quieter-than-average home. She was actually adopted & then returned for not adjusting very well to her new household, so potential adopters may need to be willing to give her some time to come around on her own terms! Her adoption fee is $40 and includes her spay, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!