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September 19, 2008

Even Bill Sizemore Gets Justice in Court

Bill Sizemore has won a lawsuit challenging Secretary of State Bill Bradbury's decision to bar two of his submitted statements from the Voter Pamphlet. The two statements were rejected by Bradbury because they failed to even mention the ballot measures they were filed to support. Instead, they consisted of Sizemore's defense of his character.

I actually think Marion County Judge Thomas Hart made the right decision. From the outset I was concerned about the free speech implications, but beyond that the fact is that the opponents of Sizemore's measures have themselves made his character an issue in the campaigns against his measures. Justifiably so, I would add.

This move by Sizemore is classic. He knows that his submission was unprecedented and unanticipated and would not, therefore, be able to be rebutted within the Voter Pamphlet. That means in order to reach all those voters and rebut what I fully expect will be his typical, masterfully-misleading presentation of select facts and spin, his opponents would have to spend a fortune.

In any rebuttals of Sizemore's rebuttal, his opponents will have to be very careful and factual so as not to stray into libel and slander territory. So far, so good - you will notice that despite all the information they have ever released to the public about the man and his misdeeds, no one has yet been sued by Sizemore for libel or slander (if he had such a case, I have no doubt he would pursue it). But sometimes in desperation, people say things that aren't quite factual and which could cross a line. For instance, the unions have taken to calling Sizemore a "racketeer," which is only marginally accurate in my opinion, but it is definitely inaccurate to call him a "convicted racketeer." One such slip-up and they would open the door to even more Sizemore spin, if not a lawsuit, and that can only help him.

I must say I'm amused by his response to The Oregonian's online version of the article:

Bradbury tried hard to keep the truth from Oregon voters, i.e., that my organization was railroaded by a stacked jury and biased Multnomah County judge, who concealed his blatant conflict of interest.

When voters read how badly the Multnomah County Court handled this case, they will think twice about believing all the attacks the teachers unions are spewing forth.

It is worth noting that Bradbury never said that any of the facts set forth in my arguments were false or libelous. He merely claimed they were irrelevant. The unions call me a racketeer dozens of times and it's relevant, but I challenge their claims with two statements and those are somehow "irrelevant."

Next time he puts measures on the ballot, his character may well be addressed by his opponents in their statements, so this is likely a one-shot deal for Sizemore. I really can't wait to read his statements and will be fascinated to see whether they serve their intended purpose or whether Oregonians are smarter than he gives them credit for being.

Posted by Becky at September 19, 2008 12:48 PM