Madison school board is put on notice

David Blaska will not be denied his right of free speech


WILL letterhead

July 16, 2018

Board of Education
Madison Metropolitan School District
545 West Dayton Street, Room 110
Madison, WI 53703
board@madison.k12.wi.us

To the Madison Metropolitan School District Board of Education:

We represent Mr. David Blaska who is a Madison resident and concerned citizen with respect to issues affecting the Madison Metropolitan School District.

MMSD’s Education Resource Officer Ad Hoc Committee on educational resource officers is scheduled to convey its recommendation to the full Madison Metropolitan Board of Education by this August. We understand that a meeting to consider that recommendation is scheduled for this Wednesday, July 18, at 4:00 pm. Public appearances and comment will be permitted.

We commend the board and ad hoc committee for permitting public input. However, recent events suggest that a reminder with respect to how such appearances must be handled may be in order.

Our client intends to speak at the July 18, 2018, meeting. As you know, if a public body invites public comment, it cannot engage in viewpoint discrimination among those who wish to speak – even if other members of the public wish the public body to do so. At the last meeting of the ad hoc committee on Wednesday, June 20, other members of the audience heckled Mr. Blaska during his public comment and he was not allowed the full three minutes allotted him. An organized group of protestors interrupted his comments several times with signs and rehearsed chants such as “Silence white supremacy!” His ability to speak and be heard was finally halted completely by a loud and sustained chant: “Get Him Out! Get Him Out!”

A video of the disruption can be seen at https://youtu.be/Kdc4PR5ph_0.

We understand the difficulties that such uncivil behavior can present for a public body. But such difficulties cannot be used as a reason to silence and limit the speech of those whom the hecklers wish to veto. The Committee did not give Mr. Blaska the same uninterrupted three minutes that they gave to other speakers. Rather than demand that all voices be heard (only committee member Barbara McKinney Harrington did so), Chairman Loumos asked Mr. Blaska, “Can you just finish your comments?”

During the disruption, several committee members got up to leave, threatening a quorum. Chairman Loumos then called a five-minute recess. Upon reconvening, Chairman Loumos apologized to the disrupters for allowing Mr. Blaska to speak, and said that he had not realized Mr. Blaska would use “code words.”

Having reviewed Mr. Blaska’s comments, I am uncertain what “code words” Chairman Loumos is referring to and which Mr. Blaska is alleged to have spoken. But I am able to determine that Mr. Blaska’s comments were fully protected free speech. Chairman Loumos and other members of the committee are entitled to their opinions. But they may not silence a speaker – or encourage others to do so – based on the viewpoint he or she wishes to express. Such actions are not permitted by the First Amendment of the United States Constitution or Article I, Section 3 of the Wisconsin Constitution.

We trust that the Ad Hoc committee will allow all members of the public to speak at the July 18, 2018 meeting, and will do so without engaging in viewpoint discrimination or facilitating a “hecklers’ veto.”

Sincerely,

WISCONSIN INSTITUTE FOR LAW & LIBERTY, INC.

RICHARD M. ESENBERG
President & General Counsel


 

About David Blaska

Madison WI
This entry was posted in Free speech, Madison schools, War on Police and tagged , , , , , . Bookmark the permalink.

54 Responses to Madison school board is put on notice

  1. madisonexpat says:

    ABob, you’re not supposed to contradict poor richard. I’m just trying to keep your lunatic imprecations consistent.

    Like

  2. madisonexpat says:

    poor richard, what did Putin get from President Trump besides his (Trump’s) chastisement of Merkel for being Putin’s best customer.?
    And I’m sure you’ve taken great heart at Muellar’s boss, Rosenstein, saying that not one vote was changed by Russia or anyone else when we elected President Trump. Not one.
    Neither could Hillary, where it counted.

    Liked by 1 person

  3. Cornelius Gotchberg says:

    The 77 Square Miles Surrounded By A Sea Of Reality theatre of the Absurd continues apace: Brenda “Lick My Hairy Armpit” Konkel has thrown her Hempen Homespun Kufi into the Mayoral ring.

    The Gotch

    Like

  4. Pingback: Why did Cops Out of Schools committee ignore its own safety expert? | Stately Blaska Manor

  5. Henry Vileass says:

    The SJWs are not violating the 1st Amendment, they are not Congress and write no laws. But they are definitely disturbing the peace. Warn them twice. Then if they persist, haul them out and let them chant in jail.

    Like

    • Batman says:

      Henry Vileaas wrote:
      “The SJWs are not violating the 1st Amendment, they are not Congress and write no laws. But they are definitely disturbing the peace. Warn them twice. Then if they persist, haul them out and let them chant in jail.”

      First Amendment prohibits congress from creating a law abridging the freedom of speech and therefore there are no contradicting laws, although there are exceptions resulting from litigation over the years. Blaska’s attempt to calmly offer his opinion on school EROs within a forum specifically assembled to discuss said topic does not qualify as an exception to protected speech.

      The screeching SJWs did in fact violate Blaska’s right to speak, disturbed the peace, and interfered with peaceable assembly. They violated his First Amendment right to freedom of speech.

      Like

  6. richard lesiak says:

    Why did you whitepage me to begin with and e mail the info to zoltar? Why was it so important to post pic’s taken right behind the unit I lived in. Now your claiming that you and zoltar are being “smeared”? I’m the one threatening you? Why were the pics taken down by Blaska? You should increase your Hannity time. You would learn how to be a better liar.

    Like

  7. madisonexpat says:

    Consider it a break from the daily horror of being governed by a baby snatching, Socialist, traitor.

    Like

  8. Pingback: The Left’s anti-cop thuggery got physical at Madison school district hdq | Stately Blaska Manor

  9. Pingback: The Left’s anti-cop thuggery got physical at Madison school district hdq - RightWisconsin

  10. AnonyBob wrote, “Ah. No good answer from Zoltar Stalks, because he doesn’t have one.”

    AnonyBob wrote, “why did the photos disappear”

    It’s because David Blaska chose to delete them, that’s why you blithering idiot.

    David Blaska is the ONLY human being alive on planet Earth that can say exactly what his rationale was that caused him to delete the comments. If I were him I would just let everyone hang on this one because it doesn’t matter what rationale he used, it will be “wrong” in someone’s eyes, it’s a lose-lose for David and he’s smarter than to put himself in that position. I know he had a reason at the time of the deletion or he wouldn’t have done it, it’s his blog, he doesn’t have to explain himself to any of us.

    Now AnonyBob, stop your incredibly ignorant trolling all you’re doing is opening your mouth to change socks.

    Like

    • David Blaska says:

      The Brain Trust here at the Manor met and despite chaos caused by the Freedom Inc. bolsheviks have decided to allow this post as the final and last post in the on-going, tiresome, non-germane, ad hominem back-and-forth attacks. Got it?

      Liked by 1 person

  11. Pingback: Evidence that Madison has lost its mind – Steve Prestegard.com: The Presteblog

Comments are closed.