OOOPINIONPINION PPLUSLUS

Saturday-Sunday, Feb. 18-19, 2012 | Publisher: Taylor Wood Hayes | President: Chuck Henderson | Editor: Eli Pace | Opinion Editor: Jennifer P. Brown

KY. GENERAL ASSEMBLY FIRST AMENDMENT n n No crimimal libel in free society Require school

aying something untrue about a per- “tramples on the First Amendment faced the threat of criminal charges for attendance Sson may cost you later in court — rights of people to write and or post on- creating a satirical blog about a profes- but in about two dozen states it can line things that they want to post.” sor. At one point, police searched the land you in jail, too. A state Senate committee approved student’s home and seized his computer. until age 18 Libel lawsuits today in the U.S. almost the measure Feb. 14 in a first step to- Ultimately, no charges were filed and always involve a civil case brought by ward passage. the student obtained a $425,000 settle- one person against another, seeking Critics say anachronistic laws such ment against the prosecutor who had hen it comes to high school compensation for damages suffered for as criminal libel often use colorful but signed off on the search warrant. dropouts in , one number an alleged false claim or statement. imprecise language that fails to meet The law surrounding defamation — W in particular stands out: 33. Truth almost always provides legal pro- modern constitutional tests. The Col- as with issues like cyberbullying and That’s how many students on average tection to the speaker or writer, and orado law, for example, provides for copyright protection for music — has walked out of the classroom each and without proof of malicious intent or prosecution of anyone for “any state- not fully caught up with the challenges every school day in 2010, totaling about reckless disregard for the truth, few ment … tending to blacken the mem- and promises of the Internet Age. 6,200 students over the entire year. claims prevail. ory of one who is dead, or to impeach Some argue that given the relative It’s a staggering figure, and for many of But the continued exis- the honesty, integrity, virtue, or repu- ease of widely spreading a falsehood these young adults, it’s a decision that tence in a number of tation, or expose the natural defects, of online about someone, a criminal will hinder them for the rest of their states of “criminal libel” one who is alive.” charge offers an effective means of lives, especially in an economy that now Laws in other states have aspects that punishing those with few assets to pay statutes raises the cen- all but requires a college diploma to suc- turies-old specter of are out-of-date in today’s world, such as a civil court judgment. ceed. By not graduating high school, this fines or even a prison provisions focusing on insults to women But the legal point of a defamation group will collectively earn several bil- term for writers or or that base violations on vague ideas lawsuit is lawful compensation for dam- speakers found liable for such as authoring remarks that cause a ages, not punishment. Jailing a writer lion dollars less than their other class- damaging remarks. “general breach of the peace.” or imposing a criminal conviction on a mates, and they will cost the state tens of Criminal prosecution GENE Such laws could empower a govern- speaker as a means of holding him or millions of dollars more because of for defamation extends POLICINSKI n ment official in a vendetta against news her accountable to the truth has no greater need for government services. back to Star Chamber’s operations, or those seeking to silence a place in a society based on the vigorous Over the last several years, the Ken- secret activities in England in the early blogger or punish a political opponent. exchange of strongly held views and tucky House of Representatives has 1500s, when it was used — even for true The mere threat of a criminal charge committed to the marketplace of ideas. worked with Governor Beshear, First statements — to punish insults to noble carries a chilling effect regardless of the Civil lawsuits offer the restoration of Lady Jane Beshear, the Kentucky Board egos or opposition to royal policies. relative difficulty in winning a libel ac- reputation, and in most cases compensa- of Education and other educational or- Later, such disputes were moved into tion of any kind. tion for losses, to victims whose reputa- ganizations to try to reverse that trend. open courts and touted as positive alter- An AP report cited two criminal-libel tions have been sullied unfairly. The first step in that direction is raising natives to duels over matters of per- prosecutions in Colorado in the past two Criminal-libel laws belong in our his- the dropout age from 16 — where it has sonal honor. years. In one, a man faced 18 months in tory texts, not in our law books. been since at least the In Colorado, GOP State Sen. Greg Bro- prison for sexually charged comments 1930s — to 18. phy has proposed repeal of his state’s he posted about an ex-girlfriend. The GENE POLICINSKI is senior vice president and executive director of The House has passed 19th century criminal-libel statute, charge was later reduced to harassment. the First Amendment Center, 1207 18th Ave. S., Nashville, Tenn., this several times in re- telling the Associated Press that the law In the second case, a university student 37212. His email address is [email protected]. cent years and took it up again on Thursday, in the hope that this will be the OP-ED legislative session in LOOKING BACK n n which Kentucky joins the 21 other states that have al- The Pierian Literary Club met with ready taken the same step. JOHN Marion Adams. Taxpayers in hot water If this legislation does be- TILLEY n Steven C. Woosley, son of Mr. and come law, the compulsory Mrs. Joe M. Woosley, was named a school age would rise to 17 in 2016 and National Award winner o doubt you’ve heard about the frog rates that basically wipe out a genera- then to 18 the following year. in the science category. feeling pretty comfortable in a tank tion of economic growth.” We know that raising the dropout age is Leslie Hightower Carroll, analyst N of cold water but ending up boiling Gov. Beshear’s administration claims not enough by itself; it will take a re- in the directorate of Contracting, was to death as the heat is gradually turned great success in cutting spending dur- newed effort to engage these students so named Employee of the Year at Fort up. ing the past few years. But that’s true they want to be better prepared for the fu- Campbell. There was no lid on top of the tank — only if you look at the common- ture. Still, that is far more preferable was named Civitan of Matt Tuitele keeping the frog from jumping out. Yet wealth’s General Fund. than letting them make a decision that the Year by the Hopkinsville Civitan he didn’t. He stayed in the tank and lit- “The General Fund is what state leg- will adversely affect them — and all of us Club. erally overheated. islators like to talk about, but it’s not by — for decades to come. Pulitzer Prize winning writer Why? Because he didn’t realize the any means all state spending; in fact, As we move forward to help these chil- Robert Penn Warren voiced displeas- danger he was in — at least not until it it’s not even a majority of state spend- dren in school, the House is also pushing ure at a suggestion to move his boy- was too late. ing,” Mitchell said. to take a closer look at children caught up hood home from Guthrie to Western The story may not be biologically ac- in the judicial system. A little more than Kentucky State University. Considering other state and federal curate, but it works metaphorically to a week ago, the chamber unanimously Scooter Lee was performing at the funds, Kentucky’s spending is up an in- describe the plight of Kentucky’s voted for my legislation to set up a task Penthouse Lounge on Fort Campbell flation-adjusted 6 percent during the re- budget and its taxpayers. Boulevard. cession. force to study several different aspects of We look at the slam-into-the-wall aus- Mikhail Baryshnikov, famed ballet “So not only does it appear that Ken- these cases. terity measures occurring in Greece – dancer, was named Man of the Year by tucky is nowhere near addressing its That includes status offenses — viola- the Harvard Hasty Pudding Theatri- and our state’s leading politicians scoff fiscal problem, it’s actually moving in tions that would not be a crime if com- cals. at such events ever hap- the opposite direction,” Mitchell said. mitted by an adult — and how best to Garland Hester, agent for Ameri- pening here. This is due largely to hefty increases handle children 10 and younger who are can General Life and Accident Insur- And they are right — in spending for entitlement programs charged with a crime. If this becomes ance Co., ranked first in sales and serv- at least partially. The in recent years. For example, Medicaid law, the task force will also better gauge ice among 315 other agents and quali- seemingly sudden eco- spending has increased by nearly 300 what effect domestic violence situations fied for the company’s elite President’s nomic catastrophe hap- percent since 1987. have on children. Council. pening in Greece likely Nationwide, state and local govern- In other action this past week, the Airman Thomas Powell Jr., son of will not happen here. In ment spending is growing at twice the House voted for two bills centered on elec- Mr. and Mrs. Thomas H. Powell Sr., fact, what’s happening rate of private economic growth. tions. The first would require all candi- Cadiz, graduated from basic training in our country and com- JIM While this trend has been occurring dates running for statewide office to file at Lackland Air Force Base, Texas. monwealth could turn during the past 60 years, the water is their election finance reports electroni- Army Capt. Terry K. Cox, son of out to be far worse. WATERS n now more rapidly heating up. cally, beginning in 2015, while the second William L. and Thelma M. Cox, ar- After all, if you turn Between 1980 and 2009, for every dol- would greatly reduce the costs for special rived for duty with the Army medical those knobs suddenly and the water lar that the private sector added to our elections that are needed when there is Material Agency, Fort Detrick, Md. heats up quickly, that frog is going to economy, state and local governments an open seat in the General Assembly Robert L. Gallant assumed the posi- take full advantage of a lid-less tank added $1.20. and only one candidate on the ballot. tion of plant manager for the local and jump – as high and as far away Between 1990 and 2000, governments In these situations, voting could take Phelps Dodge Magnet Wire Co. from that disastrous system as possi- added $1.40 for every $1 grown by the place at just the county clerk’s office or Hostesses for a meeting of the James ble. private sector. And since 2000, govern- another designated site, negating the Thomas chapter, National Society of But the “knobs” on Kentucky’s debt ments have been growing at nearly need to staff a full election. The bill is the Daughters of the American Revolu- are being turned up gradually enough twice the pace of the private sector, named in honor of former state Rep. De- tion, Cadiz, were Mrs. Edward that today’s politicians see no reason to adding $1.90 for every $1 contributed by wayne Bunch, who was critically injured Rogers and Mrs. Ernest Lawrence. address it. The water won’t boil until the private economy. last year in Whitley County breaking up Steve Kuhlenbeck of C&F Stamp- long after they begin collecting their Like Mitchell said: We’re moving in a fight in the school where he taught. ing, and Jim Gardner, Kiwanis Club taxpayer-funded pensions. the wrong direction. After he resigned, his wife was the sole president won the Salvation Army’s Economists predict that Kentucky “This is like a family whose income candidate on the ballot to complete the re- annual Christmas Bell Ringer Award. will be one of the first states in the na- has increased fivefold but whose spend- mainder of his term. Edwin Roeder was recognized by tion to reach a debt-to-GDP ratio of 90 ing habits have increased tenfold – so Now that the first half of the legislative John Deere Co. for Roeder Implement percent – but not until 2025. that’s what we mean when we say it’s session is behind us, and the major issues Company’s service to customers of “A lot of people talk about Greece and unsustainable,” he said. “You cannot are known and getting the public vetting farm and consumer equipment. Argentina and those types of debt constantly outpace the growth of the they deserve, the House and Senate are Kerry T. Fort and James L. Tribble crises … where you hit a wall and just private sector on which you depend.” poised to see the level of debate increase passed their Certified Public Account- go off the cliff,” said Matthew Mitchell, At least not without boiling the frog ant examinations. significantly over the next month and a an economist at George Mason Univer- to death. half. Jackie Weatherford was the speak- sity’s Mercatus Center. “But there’s an- er at the Business and Professional other way that a debt crisis can unfold JIM WATERS is president of the Bluegrass Institute Kentucky’s Women’s Club meeting. JOHN TILLEY, D-Hopkinsville, is the 8th District state representative. … (where) you don’t hit a wall, you just free-market think tank. His email address isjwaters@free- The Edgefield Homemakers Club Write to him at Room 373, Capitol Annex, 702 Capitol Avenue, Frank- settle into slow and grinding growth domkentucky.com. met with Anna Cross. fort, KY 40601. Call 800-372-7181 to leave a message for any legislator.

— Serving the southern Pennyrile since 1869.

U.S. e-mail: [email protected] 4th Senate District 8th House District 16th House District WRITE US Field office: 1403 S. Main, SEN. DORSEY RIDLEY (D) REP. JOHN TLLEY (D) REP. MARTHA JANE KING n Hopkinsville, KY 42240, (270) 885-8079 4030 Hidden Creek Drive 126 Moreland Drive 633 Little Cliff Estates, Lewisburg, KY 42256 LEGISLATORS n Henderson, KY 42420 (502) 564-8100 (502) 564-8100 ext. 618 Have an opinion? We letters. Write to us at: STATE (270) 826-5402 e-mail: [email protected] would like to hear from SEN. MITCH McCONNELL (R) e-mail: [email protected] you. We invite you to write 9th House District CITY/COUNTY us. Letters submitted for Kentucky New Era Suite 361A , Russell Senate Office Bldg. LEGISLATORS 4th House District Washington, D.C. 20510 n REP. MYRON DOSSETT (R) publication should include REP. MIKE CHERRY (D) 491 E. Nashville St. OFFICIALS n the signature, street ad- Voice of the People (202) 224-2541 803 S. Jefferson St. e-mail: [email protected] Pembroke, KY 42266 dress and daytime phone P.O. Box 729 1st Senate District Princeton, KY 42445 (270) 475-9503 (270) 365-7801 number of the writer. Hopkinsville, KY 42241 SEN. (R) SEN. KEN WINTERS (R) e-mail: [email protected] STEVE TRIBBLE (D) e-mail: [email protected] Christian County Judge-Executive Publication of the writer’s Fax: 270-887-3222 5 Russell Courtyard 1500 Glendale, Murray, KY 42075 name is required. Clear, (270) 759-5751 Courthouse, 515 Weber St., E-mail: Washington DC 20510 15th House District Hopkinsville, KY 42240 legible letters of 350 words (202) 224-4343 e-mail: [email protected] 5th House District jpbrown@ REP. MELVIN HENLEY (D) REP. BRENT YONTS (D) 270-887-4100, e-mail: [email protected] or less on a community 232 Norman Cr. kentuckynewera.com 1st Congressional District 3rd Senate District 1305 S. 16th St. issue or a single subject of Greenville, KY 42345 DAN KEMP (D) REP. ED WHITFIELD (R) SEN. JOEY PENDLETON (D) Murray, KY 42071 Hopkinsville Mayor general interest are most 905 Hurst Drive (270) 753-3855 (270) 338-0816 likely to be published. The Submit online at 2411 Rayburn House Office Bldg. Lackey Municipal Building www.kentucky Washington, D.C. 20510 Hopkinsville, KY 42240 e-mail: [email protected] e-mail: [email protected] 100 N. Main St., Hopkinsville, KY 42240 New Era reserves the right (202) 225-3115 (270) 885-1639 270-890-0200, e-mail: dkemp@hop- to edit, condense or reject newera.com e-mail: [email protected] kinsvilleky.us