78 Days And Counting: Who Will Break The Silence?

by Tony Palmeri

August 28, 2001

On June 12, 2001 the Oshkosh Northwestern reported that Oshkosh Mayor Jon Dell'Antonia had requested the City Attorney to find a way to "nail" Oshkosh resident Harmon Seaver "to the cross" for his incendiary web site. As of today, none of Dell'Antonia's six colleagues on the Common Council (whom I refer to now as the Silent Six ) have made a public statement commenting on this issue. Shortly after the Northwestern article appeared I wrote a piece for the Commentary web site questioning the legality or at least the appropriateness of the Dell'Antonia/Kraft action. In another piece I closed by inviting members of the Silent Six to submit a statement to the Commentary web site if they would like, even though a statement submitted there is not likely to reach as many hearers as a statement made at the Common Council or a statement submitted to the Oshkosh Northwestern.

Today marks the 78th day since the appearance of the Northwestern article, and still no statements from any of the Silent Six. That means that the Mayor could today, for example, read these words and decide they are libelous. He could then call or e-mail the City Attorney, tell him to look for a way to nail me to the cross, and he could count on the fact that not one of the Silent Six will call him on it publicly.

Who will break the silence? Who among the Silent Six will be the first to let the citizens know that their First Amendment rights are valued by the Common Council? Who will let the people know that they can speak without fear of taxpayer supported attorneys coming after them?

A note to the Silent Six: If you e-mail me about this topic your e-mail will go directly to the web site. I am not interested in your telling me privately that you support First Amendment rights and are bothered by recent events. This is not about me, you, Harmon Seaver, Jon Dell'Antonia, or anyone else as individuals. This is about whether or not you are able to set aside your feelings about the individuals involved and instead uphold your responsibility to defend the Bill of Rights.

Okay, I'll even write a statement for you that you can read on your own behalf at the next Council Meeting:

Dear Citizens of Oshkosh:

Recently, it has come to my attention that, in response to a concern about an incendiary web site that suggested corruption on the part of city officials, the Mayor asked the City Attorney to look for a way to "nail" the web site producer "to the cross."

I think the Mayor's action and choice of words were unfortunate. If he was concerned about whether or not the web site constituted a libelous attack on city officers, the proper course to take would have been to ask the City Attorney to prepare an opinion on the matter. That opinion should then have been placed on file with the City Clerk and made available to the public.

Our Mayor is a decent human being who has shown some strong leadership on a variety of issues facing the city, especially downtown redevelopment. I hope he gives strong consideration to apologizing for what was clearly a lapse in judgement as regards his use of the City Attorney.

I just want the citizens of Oshkosh to know that I in no way support actions that could constitute an attack on our civil liberties, especially on our right to criticize public officials. I assure each and every citizen listening to this statement that I will do everything within my power to make sure that this government demonstrates in word as well as in deed that it not only tolerates communication critical of its performance, but actively welcomes it.

Thank you.

A former member of the Silent Six

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