Commentary: Recent faux pas not about free speech
By John Krull
TheStatehouseFile.com
INDIANAPOLIS – Bless “Duck Dynasty†and Justine Sacco.
Together, they’ve created an opportunity for an important civic education lesson.
John Krull, publisher, TheStatehouseFile.com
For those of you who don’t know what the twin furors over “Duck Dynasty†and Sacco are – presumably because you have been wasting your time focusing on things that matter – allow me to explain.
“Duck Dynasty†is a reality show airing on A&E about a Louisiana family named Robertson that has made a fortune, which likely has been enhanced by the show, by making duck calls and other products for duck hunters. The show celebrates the Robertson family’s success and decidedly evangelical Christian faith.
To help promote the show, Phil Robertson sat for an interview with GQ magazine. In the interview, Robertson made comments that struck many readers as homophobic. Those offenders took to Twitter, Facebook and other social media to express their outrage.
The story crossed over to mainstream media and, pretty quickly, A&E decided to suspend Robertson from the show.
Robertson, his family and his fans tried to cast him as a martyr for the First Amendment.
He isn’t, but we’ll get to that in a moment.
While the “Duck Dynasty†controversy was raging, Sacco, director of corporate communications for media giant IAC, issued a tweet before boarding a plane.
“Going to Africa. Hope I don’t get AIDS. Just kidding. I’m white,†Sacco tweeted.
Once again, Twitter exploded. Tweets flew back and forth exploring, in 140 or fewer characters, whether Sacco was more insensitive to issues of race or the global AIDS crisis. On whichever side Twitter users landed, they were outraged.
When Sacco landed in South Africa, she in short order lost her job. Even an abject apology from her didn’t stop Sacco from being established as a new poster child for cultural cluelessness.
And, again, her relatively defenders tried to depict her fall as an assault on her First Amendment rights.
Again, they were wrong.
The First Amendment protects us from government suppression of our right to express ourselves, whether in speech, writing or art. It doesn’t protect us from having someone get angry or offended by something we have said or written.
No government entity – and, for that matter, no one I know of – has tried to prevent Robertson or Sacco from saying what either believes. No one has said that they can’t stand on a street corner to speak their minds, preach in the church or post something on the blog of their choice.
If someone did try to prevent either Sacco or Robertson from doing any of those things, I – as a former executive director of the American Civil Liberties Union of Indiana and true believer when it comes to the First Amendment – would line up with Sacco and Robertson to prevent their rights from being violated.
But those rights weren’t violated here.
What happened was that two private companies decided that Robertson’s and Sacco’s comments were likely to drive away customers, so the companies opted to put some distance between them and those offensive comments.
It wasn’t a constitutional question in either case. In each situation, it was a business decision.
(And it is worth noting that the folks who complain that Robertson’s and Sacco’s views are being demeaned seem not have realized that Robertson and Sacco themselves were doing some demeaning.)
The First Amendment offers us many protections. Perhaps the most basic of those protections is the one that allows – no, demands – that we be the keepers of our own consciences.
The First Amendment doesn’t guarantee that we never will upset anyone else by standing up for what we believe. It also doesn’t guarantee that we never will suffer professional consequences for saying something that angers people – just ask the Dixie Chicks about that – or that we won’t suffer social ostracism for offending others.
What the First Amendment does guarantee is that the decision about what to believe or where to make a stand in defense of those beliefs is ours – and ours alone.
John Krull is director of Franklin College’s Pulliam School of Journalism, host of “No Limits†WFYI 90.1 FM Indianapolis and publisher of TheStatehouseFile.com, a news website powered by Franklin College journalism students.
Impaired Driver Arrested after Colliding into Telephone Pole
Pike County – Early this morning, Indiana State Police arrested a 33-year-old Vincennes man for driving while intoxicated after he drove off the roadway and struck a telephone pole on S.R. 61.
According to Trooper John Davis, at approximately 3:12 this morning, Richard Kerner, 33, of Vincennes, was driving his 2005 Ford four-door northbound on S.R. 61near C.R. 125 South when his vehicle left roadway on the right and collided into a telephone pole. Kerner was unconscious and taken to Jasper Memorial Hospital for injuries to his face and leg. During the course of the investigation it was later determined that Kerner had a BAC of .17%. After being treated for his injuries, he was released and taken to the Pike County Jail where he is currently being held on bond. Kerner’s vehicle was totaled.
UE Study Aboard Campus Harlaxton College
For over forty years, the students and faculty of the University of Evansville have had a second home in the United Kingdom, at Harlaxton College.
Imagine studying in a 100-room Victorian manor house in the rolling English countryside one hour north of London. At Harlaxton College, the British campus of the University of Evansville, you will do just that! And you’ll share the manor with a community of committed faculty, supportive staff, and fellow students from UE and our partner colleges. Your family from home may join you for a few days’ visit if they are able; you’ll also have the opportunity to make new family ties with members of the local community in Grantham who share in the Harlaxton experience each sem
ester.
Semester Program
The centerpiece of the semester Harlaxton College curriculum is a six-hour course in British studies. It offers an interdisciplinary introduction to British life and culture and is taught by our British faculty. Literature, art history, economics, history, and political science are part of the course which combines lectures, seminars, and travel.
In addition, a wide range of humanities and social science courses are offered each semester to enable students to maintain progress toward graduation in their respective academic programs. Are there courses for engineering majors? Yes! And courses for nursing students? Yes, again! Is it possible to study at Harlaxton and still graduate in four years? Yes, of course!
Experiential Learning
Britain and its culture await. British Studies field trips take you onsite to explore first hand your new homeland. Many students decide to become part of the Meet-a-Family program, forging life-long ties with local families. Harlaxton fields teams in basketball, volleyball, and football (that’s soccer to Americans!) so you can engage the locals in sport. Students use weekends to travel throughout the UK and Europe, engaging the people, culture, and history.
Summer Programs
Each summer a range of courses is offered in a five-week session from May to June. In addition, many shorter-term faculty-lead programs in a variety of disciplines take advantage of our Harlaxton home abroad.
For More Information
For more information, or to get started on your own personal Harlaxton adventure, contactstudyabroad@evansville.edu.
Analysis: Pence, Rockport, marriage & more – 2013 in review
By Lesley Weidenbener
TheStatehouseFile.com
Lesley Weidenbener, executive editor, TheStatehouseFile.com
INDIANAPOLIS – When Republican Mike Pence became governor last January, sending Mitch Daniels officially up to Purdue University, I thought that might be the high point of the political year.
After all, Pence’s campaign had not promised a controversial agenda for the legislature and there were no elections on the calendar.
Even the legislature promised little excitement. With Republicans holding a quorum-proof majority in both the House and Senate, there wasn’t much Democrats could do to make things interesting.
But it turns out 2013 wasn’t boring after all. Here are five things – a list that is by no means meant to be inclusive – that commanded attention in the past year.
Pence convinces lawmakers to cut the income tax
It seemed clear when Pence became governor that legislative leaders were done being pushed around. They’d spent eight years doing Daniels’ bidding and they were ready to reestablish the General Assembly as an independent branch of government.
Poor Pence. Lawmakers in the House were so uninspired by the governor’s plan to cut income taxes by 10 percent that they just blew it off, failing even to include the proposal in their budget. A ticked off Pence said in response that Hoosiers “deserve better,†words that were about as hostile as this governor would ever get.
A few weeks later, though, Senate Republicans did include a tax cut in their budget – albeit only half what the governor wanted and phased in over twice as long. It wasn’t much but Pence smartly declared the tax cut a win and signed it into law.
The death and possible rebirth of the Rockport coal-to-gas plant
The story of a proposed coal-to-gas plant planned for Rockport is just too complicated to explain in a few paragraphs. But in brief, it’s a project that promises to inject billions of dollars into the state economy, use Indiana coal, create jobs and tie the state’s natural gas customers to a 30-year-contract with prices that may or may not be a good deal.
Oh, and the project is backed by a company that employs a good friend of Daniels, who brokered the deal for the state to buy most of the plant’s product.
The plant has been in the works for years, but lawmakers – at the urging of some of the state’s natural gas utilities – rethought it during 2013. They passed a bill that was thought likely to kill the project. In fact, its future seemed so bad that the developers announced they’d stop investing.
But just this month, the Indiana Supreme Court – which has a member who worked as Daniels’ chief counsel when the deal was being negotiated – issued a decision that appears to give the plant new life.  It’s too soon to know for sure but the rollercoaster that is Rockport promises to ride on into 2014 as well.
Dwayne Sawyer appointed auditor – and resigns weeks later
Pence made a historic appointment last summer when he named Brownsburg city councilor Dwayne Sawyer to serve as the state auditor, making him the first black Republican to serve in a statewide office.
But it was not to be. Just a few months later Sawyer abruptly resigned for what he said were personal and family reasons. The move raised questions about Pence’s vetting system, although the reasons for Sawyer’s decision remains a mystery.
This month, Pence tried again. He named Rep. Suzanne Crouch, R-Evansville, to the post.
Legislature delays decision on marriage – and public opinion flips
In a surprise move, Republican leaders in the General Assembly delayed a debate on a proposed constitutional amendment to define marriage as the union of one man and one woman. It’s essentially a same-sex marriage ban, although its authors refuse to call it that.
Lawmakers have passed it once but must pass it again before it can go on the ballot for ratification by voters. The fight was expected earlier this year but with the U.S. Supreme Court set to consider marriage laws and amendments in other states, legislative leaders decided to wait.
But during the delay, public opinion in Indiana has shifted. Where Hoosiers used to support the amendment, now they’re not so sure, according to recent polling. And an increasing number of people indicate they even support gay marriage.
Meanwhile, big businesses – including Eli Lilly & Co. and Cummins Inc. – are throwing their weight and money behind an effort to defeat it.
It’s with that backdrop that lawmakers prepare to take on the measure in 2014.
Republicans, new superintendent clash
The biggest surprise of 2012 was the election of Democrat Glenda Ritz as superintendent of public instruction, beating out GOP darling Tony Bennett.
I never thought the situation would grow even more dramatic after she took office. But Ritz and the other members of the State Board of Education – whose members are appointed by the governor – got off to a bad start and the rift grew and grew.
By the time the year ended, Pence had created a second education agency, Ritz had sued her fellow ed board members, and the sides brought in a national group to mediate.
At the board’s final meeting of 2013, relations seemed to have calmed but with big decisions pending about the state’s curriculum standards and testing, fireworks are likely in 2014.
Lesley Weidenbener is executive editor of TheStatehouseFile.com, a news website powered by Franklin College journalism students.
Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in executive session
The Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in executive session at 3:30 p.m. on Monday, January 6, 2014, in the John H. Schroeder Conference Centre at the EVSC Administration Building, 951 Walnut, IN 47713, Evansville, IN. The session will be conducted according to Senate Enrolled Act 313, Section 1, I.C. 5-14-1.5-6.1, as amended. The purpose of the meeting is for discussion of collective bargaining, (2)(A);Â initiation of litigation or litigation that is either pending or has been threatened specifically in writing, (2)(B); purchase or lease of property, (2)(D); and job performance evaluation of individual employees, (9).
The regular meeting of the School Board will follow at 5:30 p.m. in the EVSC Board Room, same address.
IS IT TRUE Christmas Weekend

IS IT TRUE that A&E Television that chose to place Phil Robertson, the patriarch of the Duck Dynasty clan on indefinite suspension last week over expressing opinions about gay relationships in an interview with GQ magazine that offended the producers has rolled over and will welcome Papa Duck back to the show?…A&E has certainly enjoyed the immense popularity of the show that is essentially a redneck version of the Kardashians should have not been surprised by anything that Robertson said that reflects mainstream Christian beliefs as they have been broadcasting family prayers before meals by the Robertsons for years?…if they were surprised by this they are oblivious to much of the United States?…A&E proved they are left leaning in suspending Robertson but turned around and violated their own principles to keep that money machine called Duck Dynasty on the air?…this proves that the political left of which much media is in to is into the almighty dollar even more than their espoused principles?…the principled group here even though the CCO disagrees with Phil Robertson’s homophobic beliefs is the entire Robertson family who stuck to their beliefs?…A&E on the other hand proved they are just pandering to the left when it seems convenient but to the right when that is needed to ring the cash register?
IS IT TRUE what is astonishing is that the people of America are so distanced and disinterested from reality that so called reality shows like Duck Dynasty, Honey Boo-Boo, and the Kardashians that are ugly stereotypes actually command an audience?…this kind of drivel makes romance novels look like great works of literature?…if you think it is idiotic for ball players and singers to make tens of millions of dollars take a look at these moronic reality shows?…it is no wonder our schools are failing, people feel entitled to free stuff, and the work ethic of the country is heading into the toilet?…as long a liberal media consents to making the actors in staged reality shows like the Robertsons, the Kardashians, and Honey Boo-Boo wealthy for displays of ignorance and everyday people lap it up like manna from Heaven, the good old USA will continue its slide back in time?
IS IT TRUE in a few short weeks the people who are customers of that monopoly known as the Evansville Sewer and Water Department will see their rates increase dramatically for the first of many rate increases needed to meet the EPA requirements to clean up the dilapidated sewers?…we should get used to it because it is going to be a 20+ year ride to $300 plus water bills on a monthly basis?
IS IT TRUE that endless changing morass known as ObamaCare has laid the wood to another group of people because they didn’t think things through before unleashing chaos?…the latest victims of this albatross are people who lost their private policies and complied by buying a new one from the exchanged before the President blinked and allowed catastrophic plans to be purchased without age and hardship qualifications?…one of our readers over 30 who can’t get a subsidy stated that he lost his private catastrophic plan that was costing $185 per month and replaced it with an ObamaCare approved plan for $725 before the President waived that requirement?…this person is healthy and would have preferred a catastrophic plan that he could buy now for $425 if he had procrastinated as most everyone else did?…the $300 per month poke in the eye is something he will not forget and the Democrats can essentially kiss this vote good bye forever?…this reader tells us he feels like a fool for listening to the President?…as Maya Angelou has written “people never forget how one makes them feel?â€
Breaking News – Councilman John Friend Interested In Mayors Position
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City County Observer has just learned that Evansville City Councilman John Friend, CPA,   will be appointing an exploratory committee to determine if he should run for the mayoral position in 2015.  Councilman Friend’s announcement has taken many political watchers by surprised because they were waiting to see if popular Vanderburgh County Sheriff Eric Williams would decide to make a run at the position himself in 2015.  With Friend’s advanced, surprising , announcement to form an exploratory campaign committee for the mayoral position, he gives credence to the rumors that Vanderburgh County Sheriff Eric Williams shall be considering a run for the 8th District Congressional seat.
The City-County Observer has also just been informed that Councilman Friend will be elected as the next President of City Council this coming year. Â Our ‘Moles” tell us that Mr. Friend is attracting many people from numerous political persuasions that are committing early to assist him in his run for the mayoral position of 2015.
Stay turned for more breaking news as this story develops.
Indiana joins $2.1 billion joint state-federal settlement with national mortgage servicer
Fourth largest mortgage servicer, Ocwen, to pay
relief to borrowers & follow stricter standards
INDIANAPOLIS – Ocwen Financial Corporation of Georgia and its subsidiary, Ocwen Loan Servicing, have agreed to a $2.1 billion joint state-federal settlement with Indiana Attorney General Greg Zoeller, 48 additional attorneys general, and the Consumer Financial Protection Bureau (CFPB).
The settlement terms address servicing misconduct by Ocwen, and two companies later acquired by Ocwen, Homeward Residential Inc. and Litton Home Servicing LP. Ocwen specializes in servicing high-risk mortgage loans.
Ocwen will provide $2 billion in first lien principal reduction to borrowers nationwide, including borrowers in Indiana who are projected to benefit with principal reductions worth up to $18.6 million. Additionally, 2,957 borrowers in Indiana who experienced a foreclosure sale will be eligible to receive a cash payment. The payment amount, which is contingent on the number of consumers who submit valid claims, is projected to exceed $1,000.
“This settlement with the nation’s fourth largest mortgage servicer stems from a massive civil law enforcement investigation and initiative that includes state attorneys general, state mortgage regulators and the CFPB,†Zoeller said. “It’s critical for state and federal partners to work together and use the resources available to ensure borrowers are being treated fairly and mortgage servicers are held accountable.â€
According to a complaint filed in the U.S. District Court for the District of Columbia, the misconduct resulted in premature and unauthorized foreclosures, violations of homeowners’ rights and protections, and the use of false and deceptive documents and affidavits, including “robo-signing.â€
Through a court order, the settlement holds Ocwen accountable for past mortgage servicing and foreclosure abuses, provides relief to homeowners, and prevents future fraud and abuse. Under the settlement, Ocwen agreed to $2 billion in first-lien principal reduction, and $125 million for cash payments to borrowers on nearly 185,000 foreclosed loans.
Joseph A. Smith, Jr., Monitor of the National Mortgage Settlement, will oversee the Ocwen agreement’s implementation and compliance through the Office of Mortgage Settlement Oversight.
The National Mortgage Settlement, a three-year agreement reached in 2012 with the attorneys general of 49 states and the District of Columbia, the federal government, and five mortgage servicers (Ally/GMAC, Bank of America, Citi, JPMorgan Chase and Wells Fargo), has so far provided more than $51 billion in relief to distressed homeowners and created significant new servicing standards.
The Ocwen settlement does not grant immunity from criminal offenses and would not affect criminal prosecutions. The agreement does not prevent homeowners or investors from pursuing individual, institutional or class action civil cases. The agreement also preserves the authority of state attorneys general and federal agencies to investigate and pursue other aspects of the mortgage crisis, including securities cases.
Ocwen Agreement Highlights
- Ocwen commits to $2 billion in first-lien principal reduction.
- Ocwen pays $125 million cash to borrowers associated with 183,984 foreclosed loans.
- Homeowners receive comprehensive new protections from new mortgage loan servicing and foreclosure standards.
- An independent monitor will oversee implementation of the settlement to ensure compliance.
- The government can pursue civil claims outside of the agreement, and any criminal case; borrowers and investors can pursue individual, institutional or class action cases regardless of the agreement.
- Ocwen pays $2.3 million for settlement administration costs.
The final agreement, through a consent judgment, will be filed in U.S. District Court in Washington, D.C. If approved by a judge, it will have the authority of a court order.
Because of the complexity of the mortgage market and this agreement, which will span a three year period, in some cases Ocwen will contact borrowers directly regarding principal reductions. However, borrowers should contact Ocwen to obtain more information about principal reductions and whether they qualify under terms of this settlement.
A settlement administrator will contact qualified borrowers associated with foreclosed loans regarding cash payments. More information will be made available as the settlement programs are implemented.
For more information on the agreement visit www.IndianaConsumer.com or visitwww.CFPB.gov.