Monday, February 15, 2010

Commission, this is bad policy and bad politics

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Bob Gabordi is executive editor of the Tallahassee Democrat and Tallahassee.com. He can be reached through this blog, at bgabordi@tallahassee.com or (850) 599-2177

It would be easy enough for me to go on a rant about what is clearly an attack not only on the right to freedom of speech but also the right to petition the government “for a redress of grievances.”

But I won’t. If anyone does, I understand how difficult it is for you to sit quietly while others attack what you stand for and, especially when they do so in a manner that you believe is abusive and unfair. It happens to me almost every day, and it will happen again after this is published.

Someone, maybe several someones, will Zing!, e-mail or otherwise seek to publish their views, which will be just the opposite of mine. Some will get published, others not – but their viewpoints will still be expressed. What to do? Speak up to defend your position, but don't lash out and don't limit access to the podium.

The message of this should not be lost on the Tallahassee City Commission or the city’s attorney, Jim English: In politics and the media, we work for the people – even those who so disagree with us they want us replaced – and not the other way around.

When they address us, it is our privilege and their right. English seems to make a habit of getting these things backward. He recently talked about limiting citizens' “privilege” to address the commission.

Furthermore, sending e-mails and letters to public employees does not abuse the system; it is exactly the system the Founding Fathers envisioned. Even if they didn’t know about the Internet, they knew about strongly held opinions; they went to war over theirs.

So, before I start to rant on the topic – which would be easy for me to do – let me switch gears by asking members of the City Commission this: What are you thinking? Politically, I mean?

Not only is your reaction bad public policy, it's bad politics, too. You have taken one person’s 15 seconds of fame and turned it into a month of Sundays by lashing out. Stay on this same path, and you will turn it into a full term on the commission.

Let me be specific: Erwin Jackson, who is running against recently appointed Commissioner Gil Ziffer, has raised a couple important points, notably on deferred compensation. That’s an issue on which most of us, I suspect, would agree with Jackson. The commission shouldn’t have done what it did five years ago, and it should better understand the public outcry against it now.

That has had nothing to do with Ziffer, except this: The commission is starting to look more and more like a privileged private club instead of an elected body of the people. From where I sit out here in the masses, this is what it looks like:

  • First vote yourself an increase in compensation in what can only be described as a cleverly quiet manner
  • Then change the charter to appoint a member rather than allow the people to decide
  • And now your attorney is looking at ways to limit the speech of those who disagree with you.

Perhaps instead of worrying about and lamenting Jackson’s behavior, the commission should take a hard look at its own. With commissioners' help, that one trick pony is starting to look more and more like Secretariat.

You can send your comments by clicking the button below, e-mailing me at bgabordi@tallahassee.com, sending a private message on Tallahassee.com, Twitter @bgabordi, LinkedIn or Blogger.com. You can also find links to my blogs on Facebook but you have to request to be my friend.

Thursday, February 11, 2010

Whatever this is, don't call it justice

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Bob Gabordi is executive editor of the Tallahassee Democrat and Tallahassee.com. He can be reached through this blog, at bgabordi@tallahassee.com or (850) 599-2177

This is what happens when documents are closed to the public and those closest to the information are ordered to be quiet or face contempt-of-court charges. I don’t know what to call it, but it’s not my idea of justice.

Andrea Green, who by multiple accounts is the man who shot Rachel Hoffman multiple times – including in the head, even shooting through her arms that she used to try to protect herself – was allowed to plead no contest to second-degree murder. He will spend the rest of his life in prison.

Deneilo Bradshaw, who watched as the murder took place and benefited from robbing Hoffman and killing her, is found guilty of first-degree murder and robbery after being convicted by a jury. He will spend the rest of his life in prison.

Some will say Hoffman was a less-than-sympathetic victim, and perhaps that is so. She was a recent Florida State University graduate with a history of dealing pot before she went to work for Tallahassee police as a confidential informant.

Still it is hard to justify why defendant Bradshaw – the one with the smaller role in her murder – gets first-degree murder and defendant Green – whose history of violent crimes makes your skin crawl – gets second-degree murder.

It gets harder to justify when you think of that night, with Hoffman – still alive and, as I said, trying to protect herself with her arms and hands against bullets – being shot time and again by Green. At his hearing, Green smiled and joked throughout.

To try to shed some light on all of this, the Tallahassee Democrat is now – still – pursuing the release of all evidence in the two cases, as well as previously undisclosed transmissions and text messages between police and Hoffman the night she was killed.

After Green entered his plea in court Wednesday, his attorney, Assistant Public Defender Ines Suber, said: "Obviously, it's a victory (for) the defense." The goal, she said, was to eliminate the death penalty.

It is the same reason Suber sought to shut out public scrutiny in Franklin County, where a grandmother faces murder charges in the death of her 5-year-old grandson. It is easier to cut the best deal in secrecy. It has nothing to do with real justice.

And the prosecutor in the Green case, Assistant State Attorney Georgia Cappleman, said, the state was not surprised by Green’s plea of no contest to second-degree murder.

"It's something we've been working on for a long time," she said.

All of which raises the question of whether the need for secrecy in this case really had anything to do with either justice or a fair trial, since it seems everyone was working to avoid any trial at all. If it was about justice, how could anyone agree that Bradshaw deserves a harsher outcome than Green? And if it was about a fair trial, well, let there be one instead of working “for a long time” on how to avoid one.

Maybe the need for secrecy really was about keeping the public silent while deals were being made. Maybe it is just about winning and losing, with justice an old-fashioned consideration of the naïve who still believe in it.

Maybe, in the end, winning and losing is justice these days. And maybe State Attorney Willie Meggs hit the nail solidly on the head by saying it really doesn’t matter in the end.

“What we are trying to seek is justice. It's hard to say if anybody likes this or dislikes it. If we had gotten a sentence of death, it's not like Rachel's going to come back."

True enough, but let’s call it winning and losing and playing the game how it must be played so your side wins. Let’s just not call it justice.

You can send your comments by clicking the button below, e-mailing me at bgabordi@tallahassee.com, sending a private message on Tallahassee.com, Twitter @bgabordi, LinkedIn or Blogger.com. You can also find links to my blogs on Facebook but you have to request to be my friend.

Thursday, February 4, 2010

Tebow and free speech Part II

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Bob Gabordi is executive editor of the Tallahassee Democrat and Tallahassee.com. He can be reached through this blog, at bgabordi@tallahassee.com or (850) 599-2177

Tebow and free speech Part II

My post on freedom-of-speech issues in the controversy over Tim Tebow’s Super Bowl commercial generated a lot of discussion. Some people question how 30 seconds of air time that costs more than $2.5 million can be considered “free speech.”

So did the Supreme Court for a long time. After all, many scholars believe the Founding Fathers were thinking about political speech, not commercials to get you buy toothpaste. (OK, maybe toothpaste didn’t come into broad use for a few more years. Maybe a nice set of George Washington wooden teeth would have been a better example.)

But all that changed in the last part of the 20th century when the courts offered greater protections under the First Amendment to commercial speech.

Still, that shouldn’t matter here. Nor should CBS’ inconsistency in deciding which ads it accepts. That’s for CBS to decide and for the rest of us to criticize. Advertisers are buying the right to express their viewpoint or pitch their product; they are buying access to CBS’ viewers. The difference in that seems to be lost on some people. But they are two totally different things.

Tebow’s ad – if it is anything like what we’re being told – is closer to political speech than commercial speech anyway. That the ultra conservative group Focus on the Family is paying for access to CBS’ viewers shouldn’t matter.

Critics say CBS refused an ad from the United Church of Christ in support of gay and lesbian membership in the UCC in 2004 on the grounds that it was too controversial.

Don’t you just hate it when the “liberal media” goes all Rush Limbaugh on us? Come on, CBS, what are we supposed to do with all those “liberal media” bumper stickers?

Personally, if I were king of CBS, I would accept them all. I’d just keep raising the price of the ad spots to weed out those who really don’t want to reach my audience. Hey, this is such a totally American event, a day to eat, drink and celebrate who and what we are: couch potatoes. What’s so wrong with a little political free speech and a lot of capitalism added in?

Does CBS really think that a little political controversy is going to stop Americans from watching football? I highly doubt it, but that’s for CBS to decide. Until I’m the king.

You can send your comments by clicking the button below, e-mailing me at bgabordi@tallahassee.com, sending a private message on Tallahassee.com, Twitter @bgabordi, LinkedIn or Blogger.com.

You can also find links to my blogs on Facebook but you have to request to be my friend.