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Evening campaign wrap-up - Hendon; WVON, Daley, Brown, Rasmussen, Simon

Thursday, Jan 28, 2010 - Posted by Rich Miller

* I heard a Rickey Hendon for lt. governor radio ad while waiting on the WVON debate to start today and couldn’t stop laughing. If you do nothing else tonight, you absolutely, positively must listen to this

I’m speechless, but it’s destined to be a classic.

* ABC7’s Charles Thomas covered the WVON debate and this comment was right on the money

Dan Hynes should get credit for showing up. The moderator, Cliff Kelly, is an unabashed supporter of Pat Quinn.

Hynes absolutely had to go to that debate. If he skipped out, he would’ve been universally bashed for not showing up. Hynes lost that round, but he didn’t make any big mistakes which could hurt him in the closing days, so it wasn’t disastrous. Quinn did a great job. If he governed and campaigned the last year as well as he performed today, he’d be 30 points ahead right now. I’m not saying it was too little, too late, but the the ticking by the countdown clock is deafening.

* I don’t know if Mayor Daley was thinking about Dan Hynes’ income tax proposal or not when he spoke to the press today, and I’m not gonna try to guess, but the mayor’s statement was quite interesting

Chicago has been playing defense lately because of the exodus of trade shows at McCormick Place. But it looks like Mayor Daley is preparing to make the switch to offense.

Daley said Thursday he’s coming after businesses in the Pacific Northwest, emboldened by what he considers Oregon’s head-scratching decision to approve higher taxes on big corporations and big wage-earners.

“What happened in Oregon is not good news for Oregon. They believe that anybody who makes $125,000 or more [annually] or businesses or anyone who makes $250,000 — they’re gonna start taxing them. They call them ‘rich people,’ ” the mayor said.

“I’ve always thought America stands for [rewarding success]. You finish high school. You work hard, go to college and you hope to succeed in life. I never knew it’s a class war—that those who succeed in life are the ones that have to bear all the burden. I never realized that. It will be a whole change in America that those who succeed and work hard [that] we’re gonna tax ‘em more than anyone else.”

Daley’s words will come back to haunt the Statehouse if - if - Hynes wins the primary and tries to push through his constitutional amendment for a graduated income tax. The idea polled well here a couple of years ago (well over 70 percent support), but the political watchword for this year is: Terrified. Daley opposition would be disastrous. More on that another time.

More about the Oregon vote here.

* ABC7’s report on Jim Ryan’s morning presser on Andy McKenna and the GOP primary is here.

* Dorothy Brown is suing Terry O’Brien…

Cook County Board hopeful Dorothy Brown is fighting mad about a statement made in an opponent’s campaign ad – and she’s taking the matter to court.

Brown, who is running for board president, announced she’s pressing a lawsuit that accuses Metropolitan Water Reclamation District President Terrence O’Brien of slanderering her in a campaign ad earlier this week.

The suit, filed today in Cook County circuit court, targets O’Brien, his campaign committee, and the committee’s chairman Tom Caplice. It seeks $250,000 in actual damages and $1 million in punitive damages, says attorney Adam Lasker, who represents Brown.

The O’Brien campaign sought to center attention on reports of funny business at the clerk’s office, saying in a statement, “Stories about Clerk Brown pocketing cash from her employees have been in the headlines for years now. Frankly voters are fed up with political corruption and they need to know that Clerk Brown cannot be trusted to clean up Todd Stroger’s mess.”

* As with Rasmussen’s gubernatorial poll, I don’t put a whole lot of stock in any survey with just 300 respondents, and you shouldn’t either. It’s OK for a tracking poll, but not a stand-alone. Anyway, here are Rasmussen’s latest results, with PPP’s results followed by the Tribune’s results in parentheses…

Giannoulias 31 (32, 34)

Hoffman 23 (20, 16)

Jackson 23 (18, 19)

Some other candidate 9 (N/A)

Not sure 24 (27, 13)

Besides the low respondent numbers, it’s the height of absurdity to ask about “some other candidate” at this point in the campaign. Just give respondents the names, for crying out loud. The “other” candidates were polling at one and two percent in the PPP and Trib polls. That questioning screws up the results. This poll is just not reliable.

* Media coverage of the Giannoulias bank troubles is starting to heat up a bit. AP

Senate candidate Alexi Giannoulias (jeh-NOO’-lee-us) won’t provide details about whether his decisions contributed to his family bank’s financial problems.

The Chicago Democrat says there will be plenty of time for that conversation later, although the primary election is just five days away.


After today’s news conference, a spokeswoman said that Giannoulias doesn’t know which loans may have contributed to the bank’s problems because he hasn’t been involved in the bank’s day-to-day operations since he left.

Giannoulias quickly organized the news conference to answer criticisms raised by U.S. Senate rival David Hoffman, who earlier highlighted the consent order Broadway reached with Federal Deposit Insurance Corp.

Hoffman said the consent order raises questions about Giannoulias’ experience and what he described as Giannoulias’ inability to accept responsibility for his actions.

“(Broadway Bank’s) decisions, including the decisions at the time he was there as the chief loan officer, are the reason that the bank is in such trouble,” Hoffman said.

Time’s running out fast.

* Meanwhile

Cheryle Jackson has spent months trying to appeal to women as the lone female candidate in the Democratic U.S. Senate race, and today she picked up a major endorsement that could help her along those lines if she can get the word out.

Jackson’s campaign sent out a fundraising email to supporters authored by Lilly Ledbetter, the now-retired supervisor of a Georgia tire manufacturing plant who sued because her pay was not the same as male supervisors. Almost a year ago, Congress passed and President Barack Obama signed the Lilly Ledbetter Fair Pay Act.

No offense meant, but who? Yes, I know who Ms. Ledbetter is, but how many others do?

* CQ Rollcall covers the 10th GOP primary

Even though several members of the Illinois GOP delegation are backing state Rep. Beth Coulson in the 10th district GOP primary, businessman and first-time candidate Bob Dold appears to have the momentum heading into Tuesday’s balloting.

“I think it’s between Bob Dold and Beth Coulson,” said one well-placed Republican in Washington.

Coulson was the early favorite of national Republicans, who viewed her moderate-to-liberal political profile in the state Legislature as in the mold of Rep. Mark Steven Kirk. But poor fundraising has hampered expectations for Coulson, as she has been outraised and outshined by two businessmen in the race — Dold and Dick Green — who have amassed copious amounts of money.

* Adam Andrzejewski’s closer

* And, finally tonight (at least I hope so), Quinn’s young video genius Simon Edelman is apparently more over-worked than even I thought…

At least they didn’t write something on his forehead.


  1. - Phineas J. Whoopee - Thursday, Jan 28, 10 @ 7:41 pm:

    Despite what the polls say, I would predict Quinn with a sizable majority of the black vote. I’m thinking 70 to 75%. I also think Hynes will do better in the white vote where polls say they are even. A close race.

  2. - Will County Woman - Thursday, Jan 28, 10 @ 7:45 pm:

    Thank you Charles Thomas for not trying to insult anyone’s intelligence and make it appear that the Hynes, Quinn was something other than what it was: a quinn supporter trying to help quinn help and probably getting $omething out of it in exchange.

    I was pleased that in listening to the callers not all bought it, and I was amused by Kelley’s attempts to defend quinn. He was weak and those who challenged him, when he didn’t cut them off, knew it. I wonder what Kelley was promised by Quinn. We’ll find out on Tuesday around 9 or 10 p.m. if Quinn will be able to make good on the promise, I guess. :)

  3. - train111 - Thursday, Jan 28, 10 @ 7:50 pm:

    Can’t afford a cake so–

    “A twinkie with 19 candles on it”

    That’s it–I’m voting for Hendon. I’m still rolling on the floor over that radio ad. Classic–absolutely Classic. “Hollywood” Hendon at its best.

  4. - Give Me A Break - Thursday, Jan 28, 10 @ 7:50 pm:

    That is classic Ricky. If you have never seen him in committee, you owe it to yourself to go to one. The commercial is just pure Hendon. I love it. Franks is still trying to recover from when Hendon told him at hearing, “you are Hillary supporter, with a bad haircut.

    You can’t call yourself a lobbyist, staffer or liason till you have worked Ricky on a bill.

  5. - Gregor - Thursday, Jan 28, 10 @ 7:53 pm:

    1: my media player is acting funky,

    2: Hendon’s music track is John Cage’s “4:33″, or

    3: the spot contains the total substance of Hendon’s best arguments for having any job in state government.

  6. - Rich Miller - Thursday, Jan 28, 10 @ 7:53 pm:

    Hendon! Hendon! Hendon!


    It’s a movement.

  7. - Nikoli - Thursday, Jan 28, 10 @ 7:54 pm:

    Oh dear God, that Hendon ad is the best!

  8. - Some Guy - Thursday, Jan 28, 10 @ 7:58 pm:

    I can’t get any audio out of that clip, is that the joke? Or did he think better of it and replace the clip with silence? Is there another link somewhere else? Somebody, tell me what I’m apparently missing. All the other videos Rich put up play fine.

  9. - Give Me A Break - Thursday, Jan 28, 10 @ 7:59 pm:

    Rich: Sorry to post again but could you imagine the Inaugural Party Ricky would throw? It would last till the end of session. Or until the Senate/House softball game.

  10. - Rich Miller - Thursday, Jan 28, 10 @ 8:00 pm:

    I was planning to take a GOP ballot because I alternate every election, but I may just have to vote for Rickey.

  11. - Illinois Insider - Thursday, Jan 28, 10 @ 8:01 pm:

    As an old-school hip hop junkie, political organizer, and appreciator of all innovative political ads, and as someone who went to mostly african american schools as a child but happens to be white, I just have to say this is the most killer political ad of the season.

    I want his ad producer doing my ads for WVON. How totally killer that really was. I am sick of boring ads by old white men.
    No wonder no one votes - the stuff put out by most campaigns is BORING.

    I have to admit though I also love the Reverend Samson’s “Soul Slate” ad as well, especially the Curtis Mayfield in the background.

    WVON just blows away WGN or WBBM.

  12. - SweetLou - Thursday, Jan 28, 10 @ 8:02 pm:

    God I hope Ricky wins. He’ll make the general so much fun!

    “At least they didn’t write something on his forehead.”


  13. - Chubs Mahoney - Thursday, Jan 28, 10 @ 8:03 pm:

    Simon - keep showing the world what PQ is all about. If every primary voter saw your work, this race would be no contest.

  14. - DuPage Dan - Thursday, Jan 28, 10 @ 8:04 pm:

    Everybody is going gaga over the Hendon clip but I get nothing but silence. Is it me?

  15. - Rich Miller - Thursday, Jan 28, 10 @ 8:05 pm:

    More Rickey funk…

  16. - Rich Miller - Thursday, Jan 28, 10 @ 8:06 pm:

    DD, turn up the sound

  17. - DuPage Dan - Thursday, Jan 28, 10 @ 8:10 pm:

    I have it up all the way. I checked out the Rickey funk and got that sound just fine. It’s a mystery.

  18. - Give Me A Break - Thursday, Jan 28, 10 @ 8:13 pm:

    DD: Ricky has determined you are not worthy.

  19. - Responsa - Thursday, Jan 28, 10 @ 8:24 pm:

    Oh, I got the sound all right—in stereo–even had to level down the audio because the dog was freaking. But I think I may have to go have my ears checked because the actors were talking so fast I could hardly keep up between the laugh lines. (What would Harry Reid say about the dialect?)

  20. - anon - Thursday, Jan 28, 10 @ 8:24 pm:

    Quite possibly the funniest ad i’ve every heard. Classic Hendon.

  21. - ToughGuy - Thursday, Jan 28, 10 @ 8:26 pm:

    How many radio station south of I-80 will carry the commercial? I would love to hear that ad played after the morning “farm report”. That would cause a few pickup trucks to swerve towards the ditch.

  22. - lake county democrat - Thursday, Jan 28, 10 @ 8:27 pm:

    So Rickey Hendon can both slur and physically assault women, but he runs a street-savvy ad and all is forgiven? Reminds me of the casual sexism many Obama male supporters threw at Hillary Clinton and had no idea they were even offending anyone. Hendon would be the African-American version of Mark Fairchild: a gift to the GOP from a should-be-meaningless race.

  23. - Irish Eyes - Thursday, Jan 28, 10 @ 8:30 pm:

    Jeepers. Hynes had to pay African-Americans to show up for him. Sounds like I missed quite a show. I asked a colleague who regularly attends West Point Missionary Baptist (Rev. Jakes Church) what he thought of the Harold Washington ad and he said people were furious. That ad might come back to bite Hynes bad, especially with Todd and Dorothy and Cheryle on the ballot. I didn’t ask him who he liked in the Rickey Hendon vs. Art Turner showdown though.

  24. - T.J. - Thursday, Jan 28, 10 @ 8:33 pm:

    That’s actually an ad against Hendon, right?


  25. - the dude - Thursday, Jan 28, 10 @ 8:37 pm:

    What scares me is that Rickey probably knows his constituents well enough to be sure this ad works.
    Only three cards, folks, can you find the Lady?

  26. - Will County Woman - Thursday, Jan 28, 10 @ 8:37 pm:

    Interesting. So some media were at WVON.

  27. - John Kamis - Thursday, Jan 28, 10 @ 8:43 pm:

    That’s Simon during the day. It’s usually siesta time around 2pm. He has to get his 1/2 hour of sleep at some point.

    I’m just glad he’s just not sleeping on my couch.

    Rich has it right, Simon works like a maniac and does an incredible job.

  28. - Responsa - Thursday, Jan 28, 10 @ 8:44 pm:

    Agree that Coulson has run a very lackluster campaign in the 10th and has done little to stand out or to distinguish her candidacy. Have been getting Green and Dold mailings and phone calls (some not even recorded) for over a week.

    The Adam A. ad is great for building all important name recognition for future electoral office runs (which I hope he makes) but doesn’t do anything to entice undecideds to vote for him for governor in 2010.

  29. - Quinn T. Sential - Thursday, Jan 28, 10 @ 8:48 pm:

    I knew Hollywood would not disappoint! Putting him just a heart beat away from the Governor’s mansion on the ballot could be invaluable; for the other team.

  30. - Commonsense in Illinois - Thursday, Jan 28, 10 @ 8:51 pm:

    I’m Rickey Hendon. I lead the House of Lords and I not only approved this ad, but I am this ad…

  31. - Anonymous - Thursday, Jan 28, 10 @ 8:54 pm:

    How long can Illinois voters continue to let Alexi G. skate on his shady banking background? I am amazed at how little damage his dubious actions in his private and public careers have caused him to date. Obama sure knows how to pick his friends. First Tony R. then Alexi.

  32. - Ron Burgundy - Thursday, Jan 28, 10 @ 8:57 pm:

    “To Hell with the rest of them!” LOL that kills me.

    That’s also running on WBEZ right?

  33. - Boone Logan Square - Thursday, Jan 28, 10 @ 9:58 pm:

    I’ll take a slice.

  34. - Das Man - Thursday, Jan 28, 10 @ 10:06 pm:

    I may vote for Hendon after this… I hadn’t given too much consideration to the lt. guv race anyway.. At least he’s got a little je ne sais quoi rooting for him

  35. - Rambler - Thursday, Jan 28, 10 @ 10:21 pm:

    Mayor Daley might check the latest Statistical Abstract, which shows that a family of three in Chicago making $25,000 a year pays 13.6% of its income in state and local taxes, well above the national median of 11.4% for large American cities.
    A Chicago family of three making $150,000 pays 6.4 of its income in state and local taxes, well below the national median of 9.3% for that income level.
    The reason is clear: Illinois has a flat state income tax, while most states have a progressive tax.
    Never mind taxing the rich “more than anyone else,” Mr. Mayor. The same as everyone else would be just fine.

  36. - DuPage Dan - Thursday, Jan 28, 10 @ 11:11 pm:

    That’s what it must be. The Rickey has determined I am not worthy. Pity.

  37. - girl - Friday, Jan 29, 10 @ 12:34 am:

    how can hwu not support simon edelman!?!??!??? the best video-ographer around. Glad to see he is also intelligent too- and supports Pat Quinn for re-election

  38. - Chicago Cynic - Friday, Jan 29, 10 @ 12:45 am:

    Rich, I know it’s a little late, but you got Cheryle’s number wrong in the Rasmussen poll. She is at 13, not 23.

  39. - Been There - Friday, Jan 29, 10 @ 12:51 am:

    I listened to WXRT all day and somehow I never heard Rickey’s ad. Can’t figure that out.

    Just kidding of course but I have been having a hard time figuring which legislative friend I was going to vote for. I was wavering between Link and Turner but Rickey is making a rush for the finish line for my vote with this ad.

  40. - train111 - Friday, Jan 29, 10 @ 7:29 am:

    Last night I listened to Rickey Hendon’s add and thought it was hilarious.
    This morning I played it for Mrs Train111 who is African American. The first time, she thought it was the dumbest thing she had ever heard. The second time she was upset believing the add backed up negative sterotypes of African Americans. She was so upset that she had me look up Hendon’s Senate website and get his office number so she could call and complain. She was upset enough that I regretted ever playing it for her in the first place.
    After Mrs Train calmed down and we played if for Train111 mother-in-law who just shrugged her shouldrs trying to hold back the laughter, then Mrs Train and I had some good laughs over the whole thing.
    Funny yes, but has the potential to damage as well. I guess Hendon is gambling that because there are so many candidates for Lt Gov dividing the vote, he can get swept in by carrying his local area. Unfortunately he has to divide that vote with Mr. Turner.


  41. - Rich Miller - Friday, Jan 29, 10 @ 7:51 am:

    ===She is at 13, not 23.===

    I don’t know where you see that. She’s at 23 on those toplines.

  42. - wordslinger - Friday, Jan 29, 10 @ 8:02 am:

    The best radio goes for memorability and interest that will keep you from pushing those station buttons. Rickey has a winner here.

    I’d love to hear it on WGN during Orion Samuelson’s report.

  43. - Anon - Friday, Jan 29, 10 @ 8:13 am:

    I’m not sure what wins the “funniest thing that happened this week” award - Hendon’s ad or Representative Monique Davis introducing three bills that amend the Landlord Tenant Act!

  44. - OneMan - Friday, Jan 29, 10 @ 8:22 am:


    I pitty the fool who puts up with red light cameras…

  45. - anon - Friday, Jan 29, 10 @ 9:02 am:

    and PPP poll is relaible? who bankrolled that thing?

  46. - dupage dan - Friday, Jan 29, 10 @ 9:07 am:

    I finally got to hear the Hendon ad. I won’t take a democratic ballot but maybe my dead uncle can.

    Now, how do you put all that on a bumper sticker?

  47. - Deep South - Friday, Jan 29, 10 @ 9:24 am:

    I don’t know why anyone is taking any of these polls as some sort of indicator…at least at this point. WAY too many undecides. That makes me believe that the “frontrunners” aren’t.

  48. - anon - Friday, Jan 29, 10 @ 9:46 am:

    Rickey’s voice is not on the spot, unless that’s him asking for a slice.

  49. - DeliaChristina - Friday, Jan 29, 10 @ 9:54 am:

    funny. almost every woman i know recognizes who lily ledbetter is.

  50. - Will County Woman - Friday, Jan 29, 10 @ 9:55 am:

    anon, if the ppp had quinn up and able to win in november, i suspect you wouldn’t be questioning its reliability?

  51. - Jenkem - Friday, Jan 29, 10 @ 10:02 am:

    Terry O’Brien has some nerve going after Dorothy Brown over the blue jeans stuff….

    Flushing campaign dollars $39,000 RETURNED | Sewer Boss gave back donations he received from 50 employees March 6, 2008 Terrence O’Brien’s campaign fund sprung a bit of a leak last year. O’Brien, president of the Metropolitan Water Reclamation District of Greater Chicago, gave back a total of $39,520 Oct. 5 in contributions he’d gotten from 50 donors. » Click to enlarge image Commissioner Terrence J. O’Brien on the floor of the mainstream pumping station. (Joseph P. Meier/STNG file) RELATED STORIES Did Rezko find jobs for Obama staffers? The problem: The money had come from employees of his agency, which treats Cook County’s sewage. “Those were mostly employees or related to employees, and the campaign made a decision to return those,” says O’Brien’s lawyer, Jim Nally. “After reviewing the law in the area, we thought it was a better course.” The Metropolitan Water Reclamation District Act says “no officer or employee shall solicit, orally or by letter, or give or receive, or be in any manner concerned in soliciting or giving or receiving any assessment, subscription or contribution from any member of the classified civil service for any party or political purpose whatever.” Which would seem to say O’Brien was barred from soliciting agency employees for campaign cash. A former Water Reclamation District employee complained to the Cook County state’s attorney’s office, according to a source familiar with the situation, and prosecutors looked into the matter but didn’t file criminal charges. Still, O’Brien’s fund returned the money “out of an abundance of caution,” the source says. Nally says the returned contributions were originally received “over several months or even a couple of years.” Current and former employees of the agency who got their contributions returned say O’Brien raised the money through an annual fund-raiser he holds at a restaurant. “He’d send me a complimentary ticket to his fund-raiser,” says Frank Kody, who retired from the Water Reclamation District in December. Kody says that, even though there was no charge for the ticket, he contributed $1,000 anyway. “I thought I was being nice,” he says. Frank Deignan, a current employee of the agency, says he was “totally taken aback” when O’Brien returned the $200 he’d contributed. “They said there was some sort of conflict of interest,” says Deignan. Also among those who got their money back was Water Reclamation District finance chairman Gloria Majewski. She’d given O’Brien $1,500. O’Brien was first elected to the agency’s board in 1988. He’s next up for re-election in 2012. Eric Herman Getting their money back Terrence J. O’Brien, president of the Metropolitan Water Reclamation District, has given back campaign contributions from 51 employees of the sewage agency he solicited over the past several years. The 16 biggest refunds O’Brien made: George and Melody Smothers, Lemont — $3,300 Louis Kollias, Orland Park — $2,000 Brian Newhouse, Chicago — $2,000 Casimir Wytaniec, Park Ridge — $1,950 Thomas Durkin, Oak Lawn — $1,750 Timothy O’Leary, Chicago — $1,725 John Poulos, Des Plaines — $1,600 Brendan O’Conner, Chicago — $1,550 Gloria Majewski, Orland Park, MWRD board member — $1,500 Robert Regan, Oak lawn — $1,500 Daniel Mikso, Oak Lawn — $1,300 James Sheehy, Chicago — $1,250 Robert Hultgren, Chicago — $1,200 Gerald Borucki, Western Springs — $1,000 Frank Kody, Tinley Park — $1,000 Harry “Bus'’ Yourell, Oak Lawn, ex-MWRD board member — $1,000

  52. - Fan of Cap Fax - Friday, Jan 29, 10 @ 10:19 am:

    So….Dorothy Brown is giving her jeans day donations back, too? Is that the point, Jenkem?

  53. - Loop Lady - Friday, Jan 29, 10 @ 10:21 am:

    I am more confident than a week ago that Quinn will pull off a victory this Tuesday…AA folks are generally outraged that Hynes used Washington’s words to enhance his prospects given the fact the the folks from the 19th ward did everything in their power to stymie the Mayor, Hynes poor performance yesterday (he’s not so great off the cuff, is he WCW?) and Quinn’s new found energy of late…SEIU will be out in force for Quinn this weekend, and Daley will be helping him out as well…see ya later Dan…

  54. - Scooby - Friday, Jan 29, 10 @ 10:31 am:

    When I try to play the Hendon ad all I get is silence. The other You Tube clips work fine, audio and video both work, but all I get is silence on the Hendon clip. I’ve tried different browsers and nothing.

  55. - pjw1 - Friday, Jan 29, 10 @ 10:59 am:

    Wow, should we be asking Dorothy “Call Me Madame” Brown to prove she actually earned a law degree?
    What part of “truth is an absolute defense” and the “public figure” precedent of NYT v. Sullivan did she not understand, or did she skip out on those classes?

    I sure hope that whatever judge this ends up in front of, he or she slaps Madame Brown with sanctions for filing a frivolous lawsuit.

    (hmmmm… I wonder, did she pay herself a filing fee?)

  56. - pjw1 - Friday, Jan 29, 10 @ 11:23 am:

    Interesting. “Call Me Madame” hired former Law Bulletin staff writer Adam Lasker from Mike Lavelle’s firm as her attorney. Sigh - I so wish the Madame’s touted “many technology accomplishments” included making filed documents available electronically. (then again, that would presuppose her office’s ability to actually GET filed documents into the correct hard copy file - something she’s not quite been able to master despite nearly 10 years in office.)

  57. - Conservative Veteran - Friday, Jan 29, 10 @ 11:30 am:

    I live in the 10th Congressional District, and I voted for Dr. Arie Friedman, because I think that he’s the most conservative candidate, in the race. After he wins the primary, he’ll appeal to moderates by saying that, when Congress tries to change the health care system, we need more doctors, in Congress.

  58. - siriusly - Friday, Jan 29, 10 @ 11:31 am:

    Hendon’s radio ad is even better than his placing his campaign yard signs across the street from the Capitol last month

  59. - Quinn T. Sential - Friday, Jan 29, 10 @ 2:26 pm:


    I am not so sure your legal analysis is entirely sound, but that does not necessarily mean that Brown will prevail. Given her position, I am surprised that a judge here would take the case, and they would not have to ship one in from another jurisdiction.

    Anyway, Sullivan v. NYT was a libel; rather than a slander action. In addition, the publisher, NYT was the defendant, as opposed to this case in which O’Brien, his Committee, and its Chairman are the defendants as the alleged perpetrators of the slander.

    In its opinion in Sullivan v. NYT, the court premised its opinion; at least in part, on the basis that the respondents proposition could not constitutionally be utilized to establish that an otherwise impersonal attack on governmental operations was a libel of an official responsible for those operations. The court grounded its opinion on that aspect because it was relied on exclusively by Sullivan, and there was no other evidence to connect the statements with respondent, the evidence was constitutionally insufficient to support a finding that the statements referred to Sullivan.

    In Sullivan v. NYT, Sullivan was not named in the alleged defamatory published advertisement, but instead he was inferred to. In this instance, Brown was specifically named in the alleged slander by the defendant.

    In Sullivan v. NYT; the actual malice standard was to be applied against the publisher (NYT) which had nothing to gain from its publication other than advertising dollars, where in this instance, the actual malice standard would be applied against O’Brien and the other defendant(s).

    O’Brien and his campaign Committee and its Chairman may be construed to be both the perpretrators and the broadcaster in this instance; at least in part, by virtue of the broadcast via web-site owned and operated by them, and under the provisions within the terms of service agreement for posting user submission videos via You Tube. Thus, only the defendants were the arbiters of appropriateness for broadcast, without other independent review. Not much of a Chinese wall there.

Sorry, comments for this post are now closed.

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