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Scott Walker: Hard On Porn

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Scott Walker: Hard On Porn

Postby david cohen » Tue Jan 28, 2014 4:59 pm

With all credit due to the comment poster for this thread title:) I guess the Gov. forgot about the separation of powers between DPI, the Judiciary and the Executive branch, as well as the Supreme Court that just passed on this case....

http://host.madison.com/wsj/news/local/ ... 7e7b3.html
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Re: Scott Walker: Hard On Porn

Postby Francis Di Domizio » Wed Jan 29, 2014 1:46 pm

david cohen wrote:With all credit due to the comment poster for this thread title:) I guess the Gov. forgot about the separation of powers between DPI, the Judiciary and the Executive branch, as well as the Supreme Court that just passed on this case....

http://host.madison.com/wsj/news/local/ ... 7e7b3.html


Not sure what separation of powers issue you are referring too. The Governor made a simple request of the Superintendent and DPI to expedite an investigation into a teacher's certification based on a citizen's complaint. There's no more legal force to that then Obama asking Congress to pass a law. It's a political statement, nothing more.

As far as the separation between the courts and the DPI, they are rulling on separate issues. The courts have found that Middleton/Cross Plains should not terminated Mr. Harris as it was an excessive punishment when compared to other staff who were involved in the incidents. Upon his original termination he was referred to the DPI to determine if his teaching licence should be revoked, which is a completely separate issue though one which would have the same net effect on Mr. Harris's employment I assume.

The way they might be tied together is that if his termination was invalid then the referral to the DPI might be invalid as well. Not sure if a teacher might be referred to the DPI for review outside of termination or if the review continues regardless of the status of the termination.
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Re: Scott Walker: Hard On Porn

Postby Shorty » Wed Jan 29, 2014 9:09 pm

I wish we could fire Walker for being immoral. What he has done is far worse than a teacher briefly viewing porn in his office while no children were present.

And it's sickening that the Middleton school board spent over $600,000 in legal fees over three years trying to get him fired. What a waste.
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Re: Scott Walker: Hard On Porn

Postby david cohen » Wed Jan 29, 2014 9:11 pm

Does the Gov. have any statutory power over DPI's internal workings? So far, Tony Evers has been silent.
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Re: Scott Walker: Hard On Porn

Postby Henry Vilas » Wed Jan 29, 2014 9:23 pm

david cohen wrote:Does the Gov. have any statutory power over DPI's internal workings?

They are separate constitutional offices. Walker only has the bully pulpit.
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Re: Scott Walker: Hard On Porn

Postby gargantua » Wed Jan 29, 2014 10:10 pm

david cohen wrote: So far, Tony Evers has been silent.

That is probably a prudent course at the moment. I would hope he's getting legal advice, since the legal grounds for revoking his teaching license rests on a law that was passed in 2011. And the offense in question occurred in 2010. It seems that applying the law retroactively might spur more litigation.

Like this situation needs more of that!
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Re: Scott Walker: Hard On Porn

Postby Francis Di Domizio » Thu Jan 30, 2014 12:22 pm

gargantua wrote:
david cohen wrote: So far, Tony Evers has been silent.

That is probably a prudent course at the moment. I would hope he's getting legal advice, since the legal grounds for revoking his teaching license rests on a law that was passed in 2011. And the offense in question occurred in 2010. It seems that applying the law retroactively might spur more litigation.

Like this situation needs more of that!


The change in law in 2011 was a clarification to the existing law that stated that school boards must report to the DPI, any teacher who was terminated “based in whole or in part on evidence that the person engaged in immoral conduct.” The 2011 clarification only changed that law to make it clear that using a school computer to view porn falls within that definition and is it actually irrelevant to Mr. Harris's situation.

Mr. Harris was terminated in 2010 and the school board at that time (under the existing rules) determined his termination was partially or on the whole due to immoral conduct. Based on that they were required to report him to the DPI for review of his teaching licence.

So basically the change to the law in 2011, was never applied to Mr. Harris's case in the first place and his lawyer is either an idiot for bringing it up, or was just blowing smoke to try and cloud the issue.

What would seem to be a valid point, is that since being reported to the DPI was dependent on Mr. Harris being terminated and his termination has been ruled invalid, the referral could be invalid as well.
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Re: Scott Walker: Hard On Porn

Postby GordonFreeman » Fri Feb 07, 2014 11:53 am

Here's an oldie but goodie from one of Scotties budget addresses. I was on State Street at the time and it struck my funny bone as it did many other folks around me:

"The state currently has over twenty thousand IP addresses of people who prey on our children, but we didn't have the resources to track those criminals down. Now we will."

Read more: http://host.madison.com/news/local/govt ... z2sehSm81E

But back on topic. How is looking at boobies (or any other part of the human anatomy) immoral? Oh, wait, there's that whole bible thing right?
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Re: Scott Walker: Hard On Porn

Postby wack wack » Fri Feb 07, 2014 12:07 pm

Francis Di Domizio wrote:The change in law in 2011 was a clarification to the existing law that stated that school boards must report to the DPI, any teacher who was terminated “based in whole or in part on evidence that the person engaged in immoral conduct.” The 2011 clarification only changed that law to make it clear that using a school computer to view porn falls within that definition and is it actually irrelevant to Mr. Harris's situation.


This is interesting... what is "immoral"? Based on whose morality? How can such vagueness be allowed as policy?
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Re: Scott Walker: Hard On Porn

Postby Francis Di Domizio » Fri Feb 07, 2014 12:50 pm

wack wack wrote:
Francis Di Domizio wrote:The change in law in 2011 was a clarification to the existing law that stated that school boards must report to the DPI, any teacher who was terminated “based in whole or in part on evidence that the person engaged in immoral conduct.” The 2011 clarification only changed that law to make it clear that using a school computer to view porn falls within that definition and is it actually irrelevant to Mr. Harris's situation.


This is interesting... what is "immoral"? Based on whose morality? How can such vagueness be allowed as policy?


It's as well defined as obscenity. At least the legislature did take some steps to further define immoral behavior, whether or not people agree with that definition. Apparently in this case the school board "knew" that Harris's behavior was "immoral" when they saw it.
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Re: Scott Walker: Hard On Porn

Postby Henry Vilas » Fri Feb 07, 2014 12:54 pm

Supreme Court Justice Potter Stewart on his definition of obscenity: "I know it when I see it."
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