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(JSOnline) Dumbass An "historic day for clean elections in Wisconsin." Appointed judge blocks political advertisement from the airwaves. Difficulty - Let's not bother telling the group that is running the ad about the hearing until after it is over   (jsonline.com) divider line 58
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ZAZ [TotalFark] 2008-11-02 09:52:21 AM  
There might be some circumstances under which the judge should not be immediately and permanently removed from office, but none come to mind.

 
baked beans 2008-11-02 10:16:52 AM  
ZAZ: There might be some circumstances under which the judge should not be immediately and permanently removed from office, but none come to mind.

This......

Something really stinks.

 
pandabear [TotalFark] 2008-11-02 10:22:33 AM  
ZAZ: There might be some circumstances under which the judge should not be immediately and permanently removed from office, but none come to mind.

You forgot getting repeated tazed by the bailiffs on the way out.

 
dj_bigbird [TotalFark] 2008-11-02 10:26:24 AM  
Rope. Tree. Judge.

Some assembly required.

 
GaryPDX [TotalFark] 2008-11-02 10:27:27 AM  
Jackson County Circuit Judge Thomas Lister defended his emergency order, which was requested via telephone Friday by state Democratic Party attorneys representing an Assembly candidate in a hotly contested race in western Wisconsin.

That's nice.

 
Sliceablekitty [TotalFark] 2008-11-02 10:32:28 AM  
Ex parte orders can be obtained in emergency circumstances, but I don't see any justification - in this article at least - for why they couldn't at least get the other party on the phone and give them some sort of heads-up on this.

 
Wanebo [TotalFark] 2008-11-02 10:33:32 AM  
dj_bigbird: Rope. Tree. Judge.

Some assembly required.


Is there a deluxe kit that comes with the Governor included?

 
SilentStrider [TotalFark] 2008-11-02 10:40:47 AM  
Disbarment. This judge needs it. He obviously shows no regard for the law. He shouldn't be allowed to practice it.

 
Wanebo [TotalFark] 2008-11-02 10:48:55 AM  
SilentStrider: Disbarment. This judge needs it. He obviously shows no regard for the law. He shouldn't be allowed to practice it.

That will not happen. The WI State Bar is controlled by Jim Doyle's cronies. This judge likely will not even see review unless the issue gets kicked up to the state supreme court.

 
Theological Farker 2008-11-02 10:55:37 AM  
Anyone got a link to an article that, oh, I don't know, actually explains HOW they were supposedly breaking the law?

 
Mentat [TotalFark] 2008-11-02 11:00:03 AM  
I think I'm going to have to side with the Republicans on this one barring any new facts that come to light.

 
Firemarshalbill 2008-11-02 11:00:17 AM  
Theological Farker: Anyone got a link to an article that, oh, I don't know, actually explains HOW they were supposedly breaking the law?

The article doesn't even list the content of the ad. The reporting seems as unprofessional as the emergency ruling.

 
Firemarshalbill 2008-11-02 11:01:35 AM  
Mentat: I think I'm going to have to side with the Republicans on this one barring any new facts that come to light.

Unless the ad was trying to incite violence against the opponent, giving out his family's address etc, I'd agree. Impossible to tell from this one.

 
Theological Farker 2008-11-02 11:02:31 AM  
Firemarshalbill: Theological Farker: Anyone got a link to an article that, oh, I don't know, actually explains HOW they were supposedly breaking the law?

The article doesn't even list the content of the ad. The reporting seems as unprofessional as the emergency ruling.


Glad I'm not alone. I mean, I could see the judges ruling if the ad consisted of shopped photos of the opponent raping cattle and stampeding women. But, I guess we'll never know.

 
Firemarshalbill 2008-11-02 11:03:33 AM  
The ad

Here's some good news for out of state residents and illegal aliens. Wisconsin taxpayers may pay for your healthcare. Reminiscent of the time when Wisconsin gave welfare checks to folks who came up from Illinois and even farther south, Mark Radcliffe supports a plan to double Wisconsin's taxes to give free healthcare to people who don't even work or pay taxes in Wisconsin. What's more, Mark Radcliffe's $15 billion dollar healthcare plan creates so many new taxes, that Wisconsin will become the highest taxed state in the country, hands down. The Wall Street Journal reported that Radcliffe's plan represented an average of $510 a month in higher taxes for every Wisconsin worker. So hey, if you're an illegal alien looking for free healthcare, call Mark Radcliffe at (715) 284-1234 and tell him, thanks, for his plan to stick it to Wisconsin taxpayers. Paid for by the Coalition for America's Families.

 
sirgrim [TotalFark] 2008-11-02 11:04:22 AM  
img385.imageshack.us
I wonder.

 
Theological Farker 2008-11-02 11:05:37 AM  
Firemarshalbill: The ad

Here's some good news for out of state residents and illegal aliens. Wisconsin taxpayers may pay for your healthcare. Reminiscent of the time when Wisconsin gave welfare checks to folks who came up from Illinois and even farther south, Mark Radcliffe supports a plan to double Wisconsin's taxes to give free healthcare to people who don't even work or pay taxes in Wisconsin. What's more, Mark Radcliffe's $15 billion dollar healthcare plan creates so many new taxes, that Wisconsin will become the highest taxed state in the country, hands down. The Wall Street Journal reported that Radcliffe's plan represented an average of $510 a month in higher taxes for every Wisconsin worker. So hey, if you're an illegal alien looking for free healthcare, call Mark Radcliffe at (715) 284-1234 and tell him, thanks, for his plan to stick it to Wisconsin taxpayers. Paid for by the Coalition for America's Families.


Unreal. Even if it's ALL false, how is that any different than any other political ad being ran?

 
SurahAhriman 2008-11-02 11:06:36 AM  
Theological Farker: Firemarshalbill: The ad

Here's some good news for out of state residents and illegal aliens. Wisconsin taxpayers may pay for your healthcare. Reminiscent of the time when Wisconsin gave welfare checks to folks who came up from Illinois and even farther south, Mark Radcliffe supports a plan to double Wisconsin's taxes to give free healthcare to people who don't even work or pay taxes in Wisconsin. What's more, Mark Radcliffe's $15 billion dollar healthcare plan creates so many new taxes, that Wisconsin will become the highest taxed state in the country, hands down. The Wall Street Journal reported that Radcliffe's plan represented an average of $510 a month in higher taxes for every Wisconsin worker. So hey, if you're an illegal alien looking for free healthcare, call Mark Radcliffe at (715) 284-1234 and tell him, thanks, for his plan to stick it to Wisconsin taxpayers. Paid for by the Coalition for America's Families.

Unreal. Even if it's ALL false, how is that any different than any other political ad being ran?


It does give out a number. If it's a private line or something...

 
Occam's Chainsaw [TotalFark] 2008-11-02 11:07:33 AM  
Hold on a second, hanging advocates. Excerpts from article:

A judge's apparently unprecedented decision Saturday...

Lister will hold a hearing with all parties on the case this morning.

Posted: Nov. 1, 2008


So since the order was requested Friday, he issued the order Saturday, and he's holding a hearing on the subject on the morning of the article, Saturday Nov. 1st... How long could this ban have been in place? Eight hours? An 8 hour gag order on an ad so that a hearing can take place is not stifling speech. If there's no merit to the complaint, then the ad runs.

 
dmatt33 2008-11-02 11:07:38 AM  
Theological Farker: Firemarshalbill: Theological Farker: Anyone got a link to an article that, oh, I don't know, actually explains HOW they were supposedly breaking the law?

The article doesn't even list the content of the ad. The reporting seems as unprofessional as the emergency ruling.

Glad I'm not alone. I mean, I could see the judges ruling if the ad consisted of shopped photos of the opponent raping cattle and stampeding women. But, I guess we'll never know.


How did you guys miss it?

"Johnson said his group was prepared to defend the ad's various criticisms of Radcliffe's support for Healthy Wisconsin, a proposed health care overhaul. The ad says the plan would double Wisconsin's taxes to give benefits to out-of-state residents and illegal immigrants. It says the $15 billion plan would make Wisconsin the highest-taxed state in the country."

Now, the question is, exactly what about the content is illegal. All political ads are full of spin, distortion and lies.

 
Courtney Cox-Zucker [TotalFark] 2008-11-02 11:09:13 AM  
This story's a little vague on details, and I must admit ignorance of local Wisconsin politics...

But any group calling itself "Coalition for America's Families" automatically sets off a loud bullshiat alarm in my head.

 
captain_heroic44 2008-11-02 11:09:33 AM  
SurahAhriman: Theological Farker: Firemarshalbill: The ad

Here's some good news for out of state residents and illegal aliens. Wisconsin taxpayers may pay for your healthcare. Reminiscent of the time when Wisconsin gave welfare checks to folks who came up from Illinois and even farther south, Mark Radcliffe supports a plan to double Wisconsin's taxes to give free healthcare to people who don't even work or pay taxes in Wisconsin. What's more, Mark Radcliffe's $15 billion dollar healthcare plan creates so many new taxes, that Wisconsin will become the highest taxed state in the country, hands down. The Wall Street Journal reported that Radcliffe's plan represented an average of $510 a month in higher taxes for every Wisconsin worker. So hey, if you're an illegal alien looking for free healthcare, call Mark Radcliffe at (715) 284-1234 and tell him, thanks, for his plan to stick it to Wisconsin taxpayers. Paid for by the Coalition for America's Families.

Unreal. Even if it's ALL false, how is that any different than any other political ad being ran?

It does give out a number. If it's a private line or something...


If it's a private line, it might also be possible to use it to locate a private residence.

 
JaMorg 2008-11-02 11:09:47 AM  
SurahAhriman: Theological Farker: Firemarshalbill: The ad

Here's some good news for out of state residents and illegal aliens. Wisconsin taxpayers may pay for your healthcare. Reminiscent of the time when Wisconsin gave welfare checks to folks who came up from Illinois and even farther south, Mark Radcliffe supports a plan to double Wisconsin's taxes to give free healthcare to people who don't even work or pay taxes in Wisconsin. What's more, Mark Radcliffe's $15 billion dollar healthcare plan creates so many new taxes, that Wisconsin will become the highest taxed state in the country, hands down. The Wall Street Journal reported that Radcliffe's plan represented an average of $510 a month in higher taxes for every Wisconsin worker. So hey, if you're an illegal alien looking for free healthcare, call Mark Radcliffe at (715) 284-1234 and tell him, thanks, for his plan to stick it to Wisconsin taxpayers. Paid for by the Coalition for America's Families.

Unreal. Even if it's ALL false, how is that any different than any other political ad being ran?

It does give out a number. If it's a private line or something...


Nope, that is his office number

Link (new window)

 
Theological Farker 2008-11-02 11:10:04 AM  
SurahAhriman: It does give out a number. If it's a private line or something...

Nope, it's the number to Radcliffe, Degracie, and Radcliffe. (new window)

 
Firemarshalbill 2008-11-02 11:10:52 AM  
dmatt33: Theological Farker: Firemarshalbill: Theological Farker: Anyone got a link to an article that, oh, I don't know, actually explains HOW they were supposedly breaking the law?

The article doesn't even list the content of the ad. The reporting seems as unprofessional as the emergency ruling.

Glad I'm not alone. I mean, I could see the judges ruling if the ad consisted of shopped photos of the opponent raping cattle and stampeding women. But, I guess we'll never know.

How did you guys miss it?

"Johnson said his group was prepared to defend the ad's various criticisms of Radcliffe's support for Healthy Wisconsin, a proposed health care overhaul. The ad says the plan would double Wisconsin's taxes to give benefits to out-of-state residents and illegal immigrants. It says the $15 billion plan would make Wisconsin the highest-taxed state in the country."

Now, the question is, exactly what about the content is illegal. All political ads are full of spin, distortion and lies.



Saw that line, and had thought that Johnson would have conveniently left out the bad parts in his description.

 
Theological Farker 2008-11-02 11:11:51 AM  
JaMorg: Nope, that is his office number

Link (new window)


*Shakes tiny fist in impotent rage*

 
Wanebo [TotalFark] 2008-11-02 11:12:45 AM  
Firemarshalbill: The ad


Being in WI I am not even sure I can legally read your post.

 
Theological Farker 2008-11-02 11:12:55 AM  
Firemarshalbill: Saw that line, and had thought that Johnson would have conveniently left out the bad parts in his description.

Plus, that line didn't describe how they thought the ad was illegal, was just a brief summary of the ads statement.

 
JaMorg 2008-11-02 11:13:45 AM  
Theological Farker: JaMorg: Nope, that is his office number

Link (new window)

*Shakes tiny fist in impotent rage*


If you had just left off the description...

*shakes head sadly*

 
carmody 2008-11-02 11:13:59 AM  
Sounds like some bullshiat, but the report is so badly-written it's impossible to tell.

 
AkaDad 2008-11-02 11:14:20 AM  
This judge clearly did the right thing and should be on the short list of Supreme Court nominees.

 
Mr.Insightful 2008-11-02 11:14:24 AM  
Firemarshalbill: The ad...

And that explains why the judge barred it. Note that nowhere does it explicitly say to vote against Mark Radcliffe. This means it is pretending to be a Position Advocacy ad, rather than a Candidate Advocacy ad. Position Advocacy ads can be paid for with tax deductible dollars. Candidate Advocacy ads can't.

The problem is, Position Advocacy can't be used this close to an election, specifically to stop people from using Candidate Advocacy ads pretending to be Position Advocacy ads (paid for with tax deductible "charitable" donations).

In other words, the law was written to keep off the air exactly like this. (Unless you pay taxes on it.)

This judge isn't a Dumbass. He's a Hero.

 
captain_heroic44 2008-11-02 11:14:26 AM  
JaMorg: SurahAhriman: Theological Farker: Firemarshalbill: The ad

Here's some good news for out of state residents and illegal aliens. Wisconsin taxpayers may pay for your healthcare. Reminiscent of the time when Wisconsin gave welfare checks to folks who came up from Illinois and even farther south, Mark Radcliffe supports a plan to double Wisconsin's taxes to give free healthcare to people who don't even work or pay taxes in Wisconsin. What's more, Mark Radcliffe's $15 billion dollar healthcare plan creates so many new taxes, that Wisconsin will become the highest taxed state in the country, hands down. The Wall Street Journal reported that Radcliffe's plan represented an average of $510 a month in higher taxes for every Wisconsin worker. So hey, if you're an illegal alien looking for free healthcare, call Mark Radcliffe at (715) 284-1234 and tell him, thanks, for his plan to stick it to Wisconsin taxpayers. Paid for by the Coalition for America's Families.

Unreal. Even if it's ALL false, how is that any different than any other political ad being ran?

It does give out a number. If it's a private line or something...

Nope, that is his office number

Link (new window)


Which explains why this ad was blocked.

It's a business line. This ad was clearly intended to jam his business phone with complaints about his policy proposals. The intent of this ad was to cause harassment to a legitimate business enterprise.

With any luck, the mouthbreathers who made with ad will run it anyway, and find their harassing asses in the hoosegow where they belong, with a big fine to pay to boot.

This thread needs a HERO tag for the judge.

 
dmatt33 2008-11-02 11:15:39 AM  
Firemarshalbill: Saw that line, and had thought that Johnson would have conveniently left out the bad parts in his description.

He most definitely did. That's some fine reporting there, Lou. The phone number did it in. They deserve to have it pulled, IMHO.

 
Magorn 2008-11-02 11:16:15 AM  
baked beans: ZAZ: There might be some circumstances under which the judge should not be immediately and permanently removed from office, but none come to mind.

This......

Something really stinks.


No it doesn't. Emergency ex parte (one Party) orders are a fairly common part of what judges do. I used to run the Family Court desk at a busy courthouse, and deciding which emergency ex parte petitions actually got through to a judge was a big part of my job, because we got a dozen or more a day.


They should only be used when the emergency is of a nature that the harm you are trying to prevent will have already happened if you take the time to use regular procedures. They also need to be of extremely limited duration, basically until you can set up a proper hearing.

 
Courtney Cox-Zucker [TotalFark] 2008-11-02 11:16:26 AM  
Firemarshalbill: The ad...

Oh, cool... they recycle. How did they get Troy McClure for the voiceover?

 
Theological Farker 2008-11-02 11:16:56 AM  
Mr.Insightful: Firemarshalbill: The ad...

And that explains why the judge barred it. Note that nowhere does it explicitly say to vote against Mark Radcliffe. This means it is pretending to be a Position Advocacy ad, rather than a Candidate Advocacy ad. Position Advocacy ads can be paid for with tax deductible dollars. Candidate Advocacy ads can't.

The problem is, Position Advocacy can't be used this close to an election, specifically to stop people from using Candidate Advocacy ads pretending to be Position Advocacy ads (paid for with tax deductible "charitable" donations).

In other words, the law was written to keep off the air exactly like this. (Unless you pay taxes on it.)

This judge isn't a Dumbass. He's a Hero.


Pardon me for not being an expert on election law who could intuit all of that from the article. However, your explanation makes sense. A non-profit group running a hit piece on a specific candidate. yes, I can see why that would be a bad thing. However, judge is an asshat. The complaining party was on the phone. Would it have been that hard to take 2 minutes and call up the coalition to join in?

 
captain_heroic44 2008-11-02 11:17:21 AM  
Mr.Insightful: Firemarshalbill: The ad...

And that explains why the judge barred it. Note that nowhere does it explicitly say to vote against Mark Radcliffe. This means it is pretending to be a Position Advocacy ad, rather than a Candidate Advocacy ad. Position Advocacy ads can be paid for with tax deductible dollars. Candidate Advocacy ads can't.

The problem is, Position Advocacy can't be used this close to an election, specifically to stop people from using Candidate Advocacy ads pretending to be Position Advocacy ads (paid for with tax deductible "charitable" donations).

In other words, the law was written to keep off the air exactly like this. (Unless you pay taxes on it.)

This judge isn't a Dumbass. He's a Hero.


In other words, we have an ad that violates campaign finance laws, AND harasses a legitimate business enterprise by jamming up its phone lines with political complaints.

This judge IS a hero.

 
dmatt33 2008-11-02 11:18:12 AM  
And just think, some of you farkers were looking for an Sour Apple Tree for a the old judge just a few minutes earlier.

/it's called be "Reactionary"
//The reporter needs to grow some nads, too.

 
Firemarshalbill 2008-11-02 11:19:38 AM  
captain_heroic44: JaMorg: SurahAhriman: Theological Farker: Firemarshalbill: The ad

Here's some good news for out of state residents and illegal aliens. Wisconsin taxpayers may pay for your healthcare. Reminiscent of the time when Wisconsin gave welfare checks to folks who came up from Illinois and even farther south, Mark Radcliffe supports a plan to double Wisconsin's taxes to give free healthcare to people who don't even work or pay taxes in Wisconsin. What's more, Mark Radcliffe's $15 billion dollar healthcare plan creates so many new taxes, that Wisconsin will become the highest taxed state in the country, hands down. The Wall Street Journal reported that Radcliffe's plan represented an average of $510 a month in higher taxes for every Wisconsin worker. So hey, if you're an illegal alien looking for free healthcare, call Mark Radcliffe at (715) 284-1234 and tell him, thanks, for his plan to stick it to Wisconsin taxpayers. Paid for by the Coalition for America's Families.

Unreal. Even if it's ALL false, how is that any different than any other political ad being ran?

It does give out a number. If it's a private line or something...

Nope, that is his office number

Link (new window)

Which explains why this ad was blocked.

It's a business line. This ad was clearly intended to jam his business phone with complaints about his policy proposals. The intent of this ad was to cause harassment to a legitimate business enterprise.

With any luck, the mouthbreathers who made with ad will run it anyway, and find their harassing asses in the hoosegow where they belong, with a big fine to pay to boot.

This thread needs a HERO tag for the judge.


That's not why thought. Statute 12.05


12.05 False representations affecting elections. No
person may knowingly make or publish, or cause to be made or
published, a false representation pertaining to a candidate or refer-endum which is intended or tends to affect voting at an election.

 
Theological Farker 2008-11-02 11:20:37 AM  
Firemarshalbill: 12.05 False representations affecting elections. No
person may knowingly make or publish, or cause to be made or
published, a false representation pertaining to a candidate or refer-endum which is intended or tends to affect voting at an election.


See: The entire current cycle of pretty much every political race across the country.

Throw em all in jail and start over?

 
JaMorg 2008-11-02 11:22:33 AM  
captain_heroic44: Mr.Insightful: Firemarshalbill: The ad...

And that explains why the judge barred it. Note that nowhere does it explicitly say to vote against Mark Radcliffe. This means it is pretending to be a Position Advocacy ad, rather than a Candidate Advocacy ad. Position Advocacy ads can be paid for with tax deductible dollars. Candidate Advocacy ads can't.

The problem is, Position Advocacy can't be used this close to an election, specifically to stop people from using Candidate Advocacy ads pretending to be Position Advocacy ads (paid for with tax deductible "charitable" donations).

In other words, the law was written to keep off the air exactly like this. (Unless you pay taxes on it.)

This judge isn't a Dumbass. He's a Hero.

In other words, we have an ad that violates campaign finance laws, AND harasses a legitimate business enterprise by jamming up its phone lines with political complaints.

This judge IS a hero.


Did you even follow the link? it explicitly states that number is for his campaign office.

 
obzerver 2008-11-02 11:23:53 AM  
Courtney Cox-Zucker: This story's a little vague on details, and I must admit ignorance of local Wisconsin politics...

But any group calling itself "Coalition for America's Families" automatically sets off a loud bullshiat alarm in my head.


Yah, it's crap. The ad's just attack the Dem's.

http://www.coalition4families.com/Home.aspx

 
captain_heroic44 2008-11-02 11:24:01 AM  
Firemarshalbill: captain_heroic44: JaMorg: SurahAhriman: Theological Farker: Firemarshalbill: The ad

Here's some good news for out of state residents and illegal aliens. Wisconsin taxpayers may pay for your healthcare. Reminiscent of the time when Wisconsin gave welfare checks to folks who came up from Illinois and even farther south, Mark Radcliffe supports a plan to double Wisconsin's taxes to give free healthcare to people who don't even work or pay taxes in Wisconsin. What's more, Mark Radcliffe's $15 billion dollar healthcare plan creates so many new taxes, that Wisconsin will become the highest taxed state in the country, hands down. The Wall Street Journal reported that Radcliffe's plan represented an average of $510 a month in higher taxes for every Wisconsin worker. So hey, if you're an illegal alien looking for free healthcare, call Mark Radcliffe at (715) 284-1234 and tell him, thanks, for his plan to stick it to Wisconsin taxpayers. Paid for by the Coalition for America's Families.

Unreal. Even if it's ALL false, how is that any different than any other political ad being ran?

It does give out a number. If it's a private line or something...

Nope, that is his office number

Link (new window)

Which explains why this ad was blocked.

It's a business line. This ad was clearly intended to jam his business phone with complaints about his policy proposals. The intent of this ad was to cause harassment to a legitimate business enterprise.

With any luck, the mouthbreathers who made with ad will run it anyway, and find their harassing asses in the hoosegow where they belong, with a big fine to pay to boot.

This thread needs a HERO tag for the judge.

That's not why thought. Statute 12.05


12.05 False representations affecting elections. No
person may knowingly make or publish, or cause to be made or
published, a false representation pertaining to a candidate or refer-endum which is intended or tends to affect voting at an election.


The reality is, we don't know what the judge's reasons were for issuing an ex parte order here. But from the looks of it, there are several possible.

1) The ad probably violated campaign finance law by masquerading as an issue ad when in reality it was a policy ad.

2) The ad made false representations intended to affect voting, and

3) The ad harassed a legitimate business enterprise by jamming up its business lines with political complaints.

Overall, it looks like there were a lot of reasons a judge could have said "we need to keep this thing from going on the air; petitoner here will suffer an absolute, irreperable harm if we don't issue the order."

 
captain_heroic44 2008-11-02 11:26:02 AM  
JaMorg: captain_heroic44: Mr.Insightful: Firemarshalbill: The ad...

And that explains why the judge barred it. Note that nowhere does it explicitly say to vote against Mark Radcliffe. This means it is pretending to be a Position Advocacy ad, rather than a Candidate Advocacy ad. Position Advocacy ads can be paid for with tax deductible dollars. Candidate Advocacy ads can't.

The problem is, Position Advocacy can't be used this close to an election, specifically to stop people from using Candidate Advocacy ads pretending to be Position Advocacy ads (paid for with tax deductible "charitable" donations).

In other words, the law was written to keep off the air exactly like this. (Unless you pay taxes on it.)

This judge isn't a Dumbass. He's a Hero.

In other words, we have an ad that violates campaign finance laws, AND harasses a legitimate business enterprise by jamming up its phone lines with political complaints.

This judge IS a hero.

Did you even follow the link? it explicitly states that number is for his campaign office.


I followed the link. It was for his law firm. Nowhere does it say it's for his campaign office.

 
Wanebo [TotalFark] 2008-11-02 11:26:39 AM  
captain_heroic44: Mr.Insightful: Firemarshalbill: The ad...

And that explains why the judge barred it. Note that nowhere does it explicitly say to vote against Mark Radcliffe. This means it is pretending to be a Position Advocacy ad, rather than a Candidate Advocacy ad. Position Advocacy ads can be paid for with tax deductible dollars. Candidate Advocacy ads can't.

The problem is, Position Advocacy can't be used this close to an election, specifically to stop people from using Candidate Advocacy ads pretending to be Position Advocacy ads (paid for with tax deductible "charitable" donations).

In other words, the law was written to keep off the air exactly like this. (Unless you pay taxes on it.)

This judge isn't a Dumbass. He's a Hero.

In other words, we have an ad that violates campaign finance laws, AND harasses a legitimate business enterprise by jamming up its phone lines with political complaints.

This judge IS a hero.


You are both looking at federal campaign law, not campaign law that covers WI state elections.

Here's a followup Link (new window). Apparently the part that is in question is "The group has shown "an ultimate probability of success that the defendant" violated a law, which prohibits anyone from knowingly making a false statement with malice toward Radcliffe, the judge wrote in court documents. Given the short time before the election Tuesday, the harm to Radcliffe would be "irreparable," the judge wrote.

The hearing is scheduled for this morning (Sunday, Nov 2)

 
JaMorg 2008-11-02 11:26:49 AM  
captain_heroic44: Firemarshalbill: captain_heroic44: JaMorg: SurahAhriman: Theological Farker: Firemarshalbill: The ad

Here's some good news for out of state residents and illegal aliens. Wisconsin taxpayers may pay for your healthcare. Reminiscent of the time when Wisconsin gave welfare checks to folks who came up from Illinois and even farther south, Mark Radcliffe supports a plan to double Wisconsin's taxes to give free healthcare to people who don't even work or pay taxes in Wisconsin. What's more, Mark Radcliffe's $15 billion dollar healthcare plan creates so many new taxes, that Wisconsin will become the highest taxed state in the country, hands down. The Wall Street Journal reported that Radcliffe's plan represented an average of $510 a month in higher taxes for every Wisconsin worker. So hey, if you're an illegal alien looking for free healthcare, call Mark Radcliffe at (715) 284-1234 and tell him, thanks, for his plan to stick it to Wisconsin taxpayers. Paid for by the Coalition for America's Families.

Unreal. Even if it's ALL false, how is that any different than any other political ad being ran?

It does give out a number. If it's a private line or something...

Nope, that is his office number

Link (new window)

Which explains why this ad was blocked.

It's a business line. This ad was clearly intended to jam his business phone with complaints about his policy proposals. The intent of this ad was to cause harassment to a legitimate business enterprise.

With any luck, the mouthbreathers who made with ad will run it anyway, and find their harassing asses in the hoosegow where they belong, with a big fine to pay to boot.

This thread needs a HERO tag for the judge.

That's not why thought. Statute 12.05


12.05 False representations affecting elections. No
person may knowingly make or publish, or cause to be made or
published, a false representation pertaining to a candidate or refer-endum which is intended or tends to affect voting at an election.

The reality is, we don't know what the judge's reasons were for issuing an ex parte order here. But from the looks of it, there are several possible.

1) The ad probably violated campaign finance law by masquerading as an issue ad when in reality it was a policy ad.

2) The ad made false representations intended to affect voting, and

3) The ad harassed a legitimate business enterprise by jamming up its business lines with political complaints.

Overall, it looks like there were a lot of reasons a judge could have said "we need to keep this thing from going on the air; petitoner here will suffer an absolute, irreperable harm if we don't issue the order."


Candidate Mark A. Radcliffe
Campaign Office:
131 Main Street
Black River Falls,WI 54615
www.unitewisconsin.com
m­a­rk­[nospam-﹫-backwards]n­is­n­o­c­si­w­e­t­in­u*c­om
Phone: (715) 284-1234

He also has his cell phone number on there. That is his campaign website and the number is listed as his campaign office. So...might be 1 and 2 but it is definitely NOT number 3

 
captain_heroic44 2008-11-02 11:29:09 AM  
JaMorg: captain_heroic44: Firemarshalbill: captain_heroic44: JaMorg: SurahAhriman: Theological Farker: Firemarshalbill: The ad

Here's some good news for out of state residents and illegal aliens. Wisconsin taxpayers may pay for your healthcare. Reminiscent of the time when Wisconsin gave welfare checks to folks who came up from Illinois and even farther south, Mark Radcliffe supports a plan to double Wisconsin's taxes to give free healthcare to people who don't even work or pay taxes in Wisconsin. What's more, Mark Radcliffe's $15 billion dollar healthcare plan creates so many new taxes, that Wisconsin will become the highest taxed state in the country, hands down. The Wall Street Journal reported that Radcliffe's plan represented an average of $510 a month in higher taxes for every Wisconsin worker. So hey, if you're an illegal alien looking for free healthcare, call Mark Radcliffe at (715) 284-1234 and tell him, thanks, for his plan to stick it to Wisconsin taxpayers. Paid for by the Coalition for America's Families.

Unreal. Even if it's ALL false, how is that any different than any other political ad being ran?

It does give out a number. If it's a private line or something...

Nope, that is his office number

Link (new window)

Which explains why this ad was blocked.

It's a business line. This ad was clearly intended to jam his business phone with complaints about his policy proposals. The intent of this ad was to cause harassment to a legitimate business enterprise.

With any luck, the mouthbreathers who made with ad will run it anyway, and find their harassing asses in the hoosegow where they belong, with a big fine to pay to boot.

This thread needs a HERO tag for the judge.

That's not why thought. Statute 12.05


12.05 False representations affecting elections. No
person may knowingly make or publish, or cause to be made or
published, a false representation pertaining to a candidate or refer-endum which is intended or tends to affect voting at an election.

The reality is, we don't know what the judge's reasons were for issuing an ex parte order here. But from the looks of it, there are several possible.

1) The ad probably violated campaign finance law by masquerading as an issue ad when in reality it was a policy ad.

2) The ad made false representations intended to affect voting, and

3) The ad harassed a legitimate business enterprise by jamming up its business lines with political complaints.

Overall, it looks like there were a lot of reasons a judge could have said "we need to keep this thing from going on the air; petitoner here will suffer an absolute, irreperable harm if we don't issue the order."

Candidate Mark A. Radcliffe
Campaign Office:
131 Main Street
Black River Falls,WI 54615
www.unitewisconsin.com
marknisnocsiwetinucom
Phone: (715) 284-1234

He also has his cell phone number on there. That is his campaign website and the number is listed as his campaign office. So...might be 1 and 2 but it is definitely NOT number 3


It is also his law office, if you would bother to follow a different link. And in any event, the clear intent of the ad is to cause the phone lines at that number to be jammed with political complaints. It's a legitimate business line, so it could very well be number 3.

 
Theological Farker 2008-11-02 11:29:31 AM  
Wanebo: You are both looking at federal campaign law, not campaign law that covers WI state elections.

Here's a followup Link (new window). Apparently the part that is in question is "The group has shown "an ultimate probability of success that the defendant" violated a law, which prohibits anyone from knowingly making a false statement with malice toward Radcliffe, the judge wrote in court documents. Given the short time before the election Tuesday, the harm to Radcliffe would be "irreparable," the judge wrote.

The hearing is scheduled for this morning (Sunday, Nov 2)


Alright, so, anyone got the breakdown of numbers? Is this ad even close to accurate?

 
Cataholic [TotalFark] 2008-11-02 11:33:29 AM  
Nothing brings a smile to my face quite like the liberal establishment championing our First Amendment rights. Top notch...top notch.

 
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