Wisconsin Republican party demands e-mails of professor

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Rogue 9
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Wisconsin Republican party demands e-mails of professor

Post by Rogue 9 »

And the Madison madness continues. The Republican Party of Wisconsin is demanding the e-mail records of Professor William Cronon of the University of Wisconsin - Madison less than 36 hours after he made this blog post. Milwaukee Journal-Sentinel
GOP seeks e-mails of UW-Madison professor

By Don Walker of the Journal Sentinel

March 25, 2011

The Republican Party of Wisconsin has made an open records request for the e-mails of a University of Wisconsin professor of history, geography and environmental studies in an apparent response to a blog post the professor wrote about a group called the American Legislative Exchange Council (ALEC).

Professor William J. Cronon, who is the president-elect of the American Historical Association, said in an interview Friday that the party asked for e-mails starting Jan. 1.

The request was made by Stephan Thompson of the Republican Party of Wisconsin. In his request, Thompson asked for e-mails of Cronon's state e-mail account that "reference any of the following terms: Republican, Scott Walker, recall, collective bargaining, AFSCME, WEAC, rally, union, Alberta Darling, Randy Hopper, Dan Kapanke, Rob Cowles, Scott Fitzgerald, Sheila Harsdorf, Luther Olsen, Glenn Grothman, Mary Lazich, Jeff Fitzgerald, Marty Beil, or Mary Bell."

Most of the names are Republican legislators. Marty Beil is the head of the Wisconsin State Employees Union and Mary Bell is the head of the Wisconsin Education Association Council.

Cronon said the university had not yet complied with the open records request. The e-mails would be subject to the state's open records law because they were written on an university e-mail account.

The university has an e-mail policy that states, "University employees may not use these resources to support the nomination of any person for political office or to influence a vote in any election or referendum.”

Cronon said he did not violate the policy in any way. "I really object in principle to this inquiry," Cronon said of the party's open records request.

Thompson was not available for comment. But in an statement, Mark Jefferson, the party's executive director, said, "Like anyone else who makes an open records request in Wisconsin, the Republican Party of Wisconsin does not have to give a reason for doing so.

"I have never seen such a concerted effort to intimidate someone from lawfully seeking information about their government.

"Further, it is chilling to see that so many members of the media would take up the cause of a professor who seeks to quash a lawful open records request. Taxpayers have a right to accountable government and a right to know if public officials are conducting themselves in an ethical manner. The Left is far more aggressive in this state than the Right in its use of open records requests, yet these rights do extend beyond the liberal left and members of the media.

"Finally, I find it appalling that Professor Cronon seems to have plenty of time to round up reporters from around the nation to push the Republican Party of Wisconsin into explaining its motives behind a lawful open records request, but has apparently not found time to provide any of the requested information.

"We look forward to the University’s prompt response to our request and hope those who seek to intimidate us from making such requests will reconsider their actions.”

Cronon maintains his own blog, which you can read here.

Cronon said he had been doing research for an op-ed he planned to offer to the New York Times about the ongoing budget debate in Madison. In the course of his research, he discovered an organization called the American Legislative Exchange Council.

On his own blog, which has no affiliation with the university, Cronon wrote what he described as a "study guide" about the council. Two days later, he said, he had 500,000 hits on the post.

On March 17, Thompson made his open records request, or about 36 hours after the blog was posted. Cronon said.

"I have no doubt there was a causal relationship between those two," Cronon said.

"It never occurred to me that my suggestion that more study needed to be done about the group might be interpreted as electioneering," Cronon added. "The GOP drew a line that had not occurred to me. That my posting might damage people involved in the recall elections. That surprised me. But that's clearly what they were concluding."

The New York Times op-ed can be read here.

Cronon said his blog is in the private sector, and had no affiliation with the university or his academic department.
I found out about this through the Foundation for Individual Rights in Education's e-mail list, which offers an analysis of how the open records statute applies to faculty e-mail through past case law here. Excerpted:
What isn't quite so clear is whether Cronon is required to turn over "all emails into and out of" his university account.

Last year, the Supreme Court of Wisconsin held that "the contents of employees' personal e-mails are not a part of government business," and that "[p]ersonal e-mails are therefore not always records within the meaning of Wis. Stat. 19.32(2) simply because they are sent and received on government e-mail and computer systems." Schill v. Wisconsin Rapids School District, 327 Wis. 2d 572 (2010).

In Schill, the state Supreme Court considered whether personal emails sent by teachers in a Wisconsin school district constituted records per the state's Open Records law. During the proceedings, the records requester presented a number of arguments:
He had a right to see the personal e-mails because the taxpayers paid for the equipment; the Teachers' e-mails were official acts because they were sent on taxpayer time using taxpayer equipment; he needed to see the personal content of the e-mails to determine whether the Teachers violated the School District policy regarding use of the computer; and he needed to determine whether the Teachers used the e-mails to discuss elections of school board candidates.

But after a detailed examination of the legislative history of the statute, policy reasons for allowing school employees use of government email systems for personal use, prior statutory history, advisory opinions from state attorneys general, relevant case law, and the interpretations of other state open records laws, the Supreme Court of Wisconsin determined that the emails had no connection to government business and were thus not records under the statute. Concluding, the court wrote:
If the content of the e-mail is solely personal, it is not a record under the Public Records Law and the e-mail cannot be released. If the content of the e-mail is personal in part and has a connection with the government function in part, then the custodian may need to redact the personal content and release the portion connected to the government function. The record custodian's inquiry focuses on the content of the e-mail and asks whether that content is connected to a government function. This is more of a pragmatic inquiry than an elaborate legal analysis.
To the extent that a Wisconsin public university faculty member's emails are connected to a "government function," they may be covered under the state's Open Records law. But whether Cronon's emails meet this criterion is not presently clear. And even then, the court held in Schill that if the emails are in fact records, "then the court must undertake a balancing test to decide whether the statutory presumption favoring disclosure of public records is outweighed by any other public interest." That may prove to be an interesting analysis; it is easy to imagine academic freedom arguments being marshaled against a request for full release of faculty emails.
At any rate, though the Wisconsin GOP won't say why it wants the e-mails, it isn't hard to guess. They're out to see if they can find something with which to take retaliatory measures against the professor, or at least perform a good character assassination. Also, ALEC once again. Surprise, surprise.
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Re: Wisconsin Republican party demands e-mails of professor

Post by bobalot »

Why debate the man's arguments when you can engage in character assassination?
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Re: Wisconsin Republican party demands e-mails of professor

Post by Patrick Degan »

It's less to do with character assassination (though I'm sure that's also on the agenda for the good professor) and a lot more to do with intimidating the opposition into silence.
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Re: Wisconsin Republican party demands e-mails of professor

Post by Zed »

This is a lot broader than just this individual professor, though: http://tpmdc.talkingpointsmemo.com/2011 ... hp?ref=fpa
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