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OPINION

Green Bay Press-Gazette: August 30, 2011 -Page 6a Green Bay, WI

TUESDAY, AUGUST 30, 2011 *

GREEN BAY PRESS-GAZETTE

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GREENBAYPRESSGAZETTE.COM OPINION PAGE EDITOR TONY WALTER » twalter@greenbaypressgazette.com » (920) 431-8360

OUR VIEW

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court decision disappoints e are disappointed that a federal court has affirmed that the Wisconsin Interscholastic Athletic Association can have exclusive rights to air high school tournament events on the Internet. We disagree respectfully with the decision Wednesday by the U.S. 7th Circuit Court of Appeals, which ruled that the WIAA is within its constitutional rights to sign these exclusive contracts, but also prohibits the news media from using ONLINE its online technolREPORT ogy to give the Click on this story public live access at www.greenbay to postseason pressgazette.com for high school

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our archive of stories sports events. on the WIAA lawsuit. This decision

has national implications for media organizations that want to produce online broadcasts of high school sporting events free from restrictions placed on it by state athletic associations. It also can have a far-reaching impact for school districts and parents, because it places high school sports in the same business category as private entertainment acts and professional sports. We are concerned about the limits this decision places on news media and average citizens. What message does it send to parents, school officials and state legislators who are being asked to view prep sports in the same way they view professional sports? What possible future ramifications could this decision hold for parents who choose to record their child's athletic event? The decision stems from a 2008 WIAA lawsuit against Gannett Co., publishers of the Green Bay PressGazette and nine other Wisconsin daily newspapers, and the Wisconsin Newspaper Association. It originated after our sister publication, The PostCrescent of Appleton, produced live streaming video coverage of four football playoff games. The Press-Gazette made the video streams available on its website. Gannett is reviewing the decision and contemplating its next steps. The WIAA signed a contract in 2005 with American Hi-Fi, giving it exclusive rights to live stream WIAA tournament games. Under the terms of the contract, the WIAA would permit news agencies to stream tournament events that American Hi-Fi does not stream as long as the media pays a fee. The WIAA asserted that the issue is about its ability to charge fees for access to tournaments that are not public events in the constitutional sense. Gannett has argued that the WIAA is a public institution constitutionally required to give equal access to news organizations under the First Amendment. We believe the First Amendment is intended to provide a level playing field. We see high school tournament sports events as news events and believe the WIAA views it as a business. We hope these issues will plant seeds of concern for anyone who appreciates amateur high school sports. The Court of Appeals ruled that tournament games "are a performance product of WIAA that it has the right to control." We assert that the First Amendment controls the rights of news agencies to do their jobs.

We believe the First Amendment is intended to provide a level playing field. We see high school tournament sports events as news events and believe the WIAA views it as a business.

» See Joe Heller's cartoons at www.greenbaypressgazette.com

Corporate profits shouldn't be primary health care concern e have a cancer drug crisis in the United States. Pharmaceutical companies' profits are dictating our health care options, and that should not happen. It shows an immediate need to reform our health care system. As someone undergoing cancer treatment, I am concerned. But this issue should concern everyone who relies on low-cost generic drugs, because it's a systemic problem that has affected noncancer drugs. According to an article published in June by Reuters, cancer drugs are scarce because there is no incentive for drug makers to manufacture low-cost generics, which have slim profit margins for pharmaceutical companies. "Doctors do not expect that equation to change any time soon, making them scramble to find acceptable alternatives or to ration or delay treatment when they cannot," the article said. Dr. Michael Link, a pediatric oncologist at the Mayo Clinic, was quoted in the same article as saying, "Here we have highly effective drugs, they've been shown they work — and to think we don't have them available is almost unconscionable." In some cases, doctors can substitute another drug. But, Link said, "You can imagine the conversation ... doctors have to tell their patients

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drugs is only known by the staff and immediate family, and we are alone in this fight. Corporate profits are imporPaul tant to companies, but how do Linzmeyer you weigh that against people's Commentary lives? We need a meaningful dialogue about health care in America, including not just the corpoor their patients' parents that we rations and lobbyists, but pacan't give them the proven drug tients and staff. My cancer jourbecause we don't have it." ney has added much richness to In January 2011, I was diagmy life, and it makes me want to nosed with stage 4 rectal cancer. push for much-needed reform Having never been sick, I had no that will give us the health outidea of the challenges in front of comes we all deserve. If we conme. Now cancer-free and in final tinue to let corporate America chemotherapy treatment predefine our policies to fit within scribed to prevent the return of their profit goals, we will continthis cancer, I may need to switch ue to spiral downward in healthmy treatment. The treatment is care outcomes, including cost. excruciating at best, but it does Big versus small government, work. An oral alternative presor Wall Street versus Main ents concerns not only about efStreet, is irrelevant. The defectiveness and side effects, but sired outcome should be an efalso about cost. Health insurance fective and responsible system, carriers typically cover the inboth within government and jectable chemo, but vary on cov- corporations. A government erage on oral alternatives — beoutcome should be the entween $2,000 and $6,000 a month. hanced health of the American Cancer is a great equalizer; it people. The ultimate customer doesn't discriminate based on in- of pharmaceutical corporations come, race, or religion. The peo- is the patient, not the health ple I met as patients and staff care organization. They speak are absolutely incredible. Toat us, but not to us. But our voicgether, we are trying to cure es will be heard. cancer, which is highly individu- Paul Linzmeyer is president of ISO Internaalized in disease and prescriptional LLC. He is an international strategist tion. The emotional, physical and and speaker on business and government inpsychological challenges are novation and sustainability principles. He can enormous. Thus, the problematic be contacted at ISOIntemationaILLC@ consequence of a change in gmail.com.

COMMUNITY VIEWS Roundabout criticism is baffling GREEN BAY — Replacing roundabouts with signals at Lombardi Avenue and Oneida Street in the upcoming U.S. 41 expansion project is baffling. The facts are: Costs — This change will add an additional $1.6 million to the cost of this project and that doesn't factor in the higher cost of future maintenance required by signaled intersections. Safety — The U.S. Department of Mansportation's data shows that roundabout crashes on average decreased 39 percent, injuries decreased 76 percent, fatalities and incapacitation injuries decreased 90 percent. Efficiency — A roundabout is as efficient as a signalized intersection. These are the reasons the original U.S. 41 expansion project called for 28 roundabouts in Brown County. Ask

the engineers designing this project which option they think is the best design for these two areas. Who is requesting this change? Who will pay the additional $1.6 million? Who will pay for the future higher maintenance costs? Since this is a federal funded project, will the federal DOT will pay their share of this change? Finally, a government agency has come up with a more costeffective, safer way of doing business. How anyone can oppose this, like I said, is baffling. Michael Flynn

Walker's education vows are empty GREEN BAY — I find it ironic that Gov. Scott Walker cut more than $800 million in state school spending and is now concerned about improving Wisconsin student reading to help "re-energize our econ-

omy." I thought he was going to create the 250,000 jobs in our state, not require the teachers he's been demonizing to do it. I find his words at the Lambeau Field Read to Lead Task Force meeting on Thursday even more ironic. He said, "We should want to know: Are our schools succeeding?" These words are coming from a man who threw more of our tax dollars to voucher schools while exempting them from taking any test that compares their success to public schools. He brags about graduation rates at voucher schools, yet there are no uniform benchmarks for receiving a diploma at voucher schools compared to public schools. Maybe, if Walker hadn't snuck into Lambeau Field under the radar, an informed citizen or reporter could have questioned him about this. Debbie Tassoul

TELL US WHAT YOU THINK

The 10th anniversary of the terrorist attacks that resulted in deaths in New York City, Washington, D.C., and a field in Pennsylvania is approaching. We're interested in your views on the impact of the 9/11 attacks on yourself and the country since that day. Letters with a 200-word limit should be sent to: Community Views, Green Bay Press-Gazette, P.O. Box 23430, Green Bay, WI 54305-3430. They can be faxed to (920) 431-8379 or sent by email to forum@greenbaypressgazette.com .

Democrats find a spine in 'Mad Max'

We appreciate the time that it takes to compose a letter to the Community Views and your willingness to share your thoughts with other Press-Gazette readers.

KEVIN CORRADO

and events in Northeastern Wisconsin. Writers are limited to one letter every 30 days. We do not publish poetry; letters that are libelous or attack other writers; third-party, consumer-complaint and thank-you letters; and letters generated by political campaigns or special-interest groups and signed by local people. We do not publish anonymous letters and confirm all letters before publication. We require an address and phone number to call

am pleased to report the sighting of an artifact so rarely seen among Democrats that it has become the stuff of legend and conjecture, like Bigfoot or the Loch Ness monster. It is called a spine. Said spine was briefly glimpsed a little more than a week ago at a "jobs summit" in Inglewood, Calif., in the person of Rep. Maxine Waters. "I'm not afraid of anybody," the California Democrat said. "... And as far as I'm concerned, the 'tea party' can go straight to hell." Her words left the Tea Party Patriots sputtering about the need to play nice. Which is funnier than a Bill Cosby monologue, coming from the folks who turned town hall meetings into verbal brawls and threw rocks through windows because they opposed health care reform. I intend no blanket lionization here of Rep. Waters, who is the object of a protracted ethics probe and whom I have for years privately dubbed "Mad Max," in both consternation and admiration of her feistiness. Moreover, as hypocritical and self-serving as the Tea Party Patriots' statement is, it is also correct: Telling people to go to hell is about as uncivil as it gets. I could never, in ordinary times, applaud such conduct. But no one will ever mistake these for ordinary times. These are, rather, times in which the nation's civic dialogue, the ordinary political business of give and take, has been made hostage to the whims of a loud, incoherent minority that has used its very extremism as a weapon. Seventy percent of us, according to a Gallup poll, think both tax increases and spending cuts ought to be used to reduce the budget deficit. That reasonable, balanced approach was not a part of the debt ceiling deal because the tea party threatened, credibly, to push the nation into default rather than allow it. Republicans have been shamefully complaisant toward this behavior, unable to produce a stateswoman — or man — willing to stand up for the simple idea that one should put national welfare above ideological purity. Democrats have been their usual hapless, communicatively-challenged selves, the congressional equivalent of the kid in school who walks around all day with "Kick Me" taped to his back, then wonders why people keep kicking him. After you have reasoned with the bully, bargained with the bully, tried to appease the bully, sometimes the only remaining option is to punch the bully in the nose. That's what Maxine Waters just did. Good for her. Leonard Pitts Jr, winner of the 2004 Pulitzer Prize for Commentary, is a columnist for the Miami Herald, 1 Herald Plaza, Miami, FL 33132. Email: Ipitts@miamiherald.com.

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Commentary

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Leonard Pitts Jr.

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JOHN DYE Executive editor KAREN LINCOLN MICHEL Assistant managing editor

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» The "Our View" editorials reflect the opinion of the Green Bay Press-Gazette. All other items — cartoons, columns by syndicated and local writers and Community Views

letters — reflect the author's opinion.

OUR MISSION The Press-Gazette strives, as it has since 1915, to be the primary provider of information in Northeastern Wisconsin, keeping the welfare and development of the Greater Green Bay area at heart. It is our responsibility to provide a forum for free and open expression of diverse opinions while maintaining the public trust necessary to serve our readers, advertisers, employees and stockholders.

THE FIRST AMENDMENT Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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NATION/WORLD B-3 The Post-Crescent, Appleton: August 31, 2011 -Page 1b OBITUARIES B-4 OPINION • EDITORIALS • CONVERSATION Appleton, WI

920-993-1000, ext. 375 email: Igallup@postcrescent.com

THE POST-CRESCENT

www.postcrescent.com

THE POST-CRESCENT'S OPINION

IT'S YOUR CALL Call 920-996-7277 to share your views on any topic, great or small TOO POWERFUL: The WIAA has more power than the governor on the state of Wisconsin. They can take a perfect conference, break it up and make athletes, students and parents spend five hours on the road on a Friday night. Now, they can make the media pay to show streaming videos of any playoff games. If the media decides not to pay the new power in the state, many parents, grandparents, aunts, uncles and friends will not be able to watch these games. The next thing you know, the WIAA gods will tax athletes and take even more money from us. Does anyone know how it got so much power? Thank god they found out the Super Tuesday didn't work in basketball, and I hope it doesn't take the death of.student fans driving two hours or so on roads with deer for them to realize their mistakes.

Job availability a priori A

s it turns out, not everyone in Wisconsin earns at least minimum wage. About 10,000 people with disabilities don't make the state and federal minimum of $7.25 per hour, and they're not legally required to receive it. At some workplaces, disabled employees earn pennies per hour of work. The difference is that the disabled tend to have jobs in so-called sheltered workshops where training is a priority. Nonprofit facilities and com-

GOP BOOST: Kathleen Parker (Aug. 21 column, "Perry teems with 'regular guyness'") has the best reason for voting for Republicans I've seen. Marion Scheer, Neenah

THE QUESTION: Who's more in the wrong in the state Supreme Court altercation?

THE ANSWERS: 5, Ann Walsh Bradley » David Prosser » They're equally wrong Vote for your answer at www.postcrescent.com/opinion Results are reported on the website and in Tuesday's paper

HOW TO CONTRIBUTE 9IT'S YOUR CALL i at 920-734-5678

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Email us at

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Mail us at Letters, The Post-Crescent, P.O. Box 59, Appleton, WI 54912

pcletters@postcrescent.com

Drop it off at our Appleton office, 306 W. Washington St.

» Letters and calls must include your first and last name, address and day and night phone numbers. Only your name and community will be published. » Contributors are limited to one published letter and one published phone call per month. Letters must be no longer than 300 words. » Letters and calls will be edited if necessary for grammar, accuracy, clarity, brevity and other issues. Include sources for facts and figures included in your letter or call. Unless otherwise noted, all material must be original to the author. » We don't publish mass-mailing letters or form letters; open letters or letters addressed to or aimed at a specific individual or business instead of being written for the general public; letters that involve private disputes between individuals or businesses; letters that use foul, abusive or racist language or are personal attacks instead of addressing issues; or letters that are vague or are outdated. The same standards apply to calls. » Letters and calls may be published or distributed in print, electronic or other forms. » Guest columns must be no longer than 600 words and will be held to a higher standard of reader interest and quality than letters and calls. It's recommended to contact us before submitting a guest column. » If you have questions, please contact Senior Editor/Community Conversation Larry Gallup at 920-9931000, ext. 375, or Igallup@ postcrescent.com; or Assistant Editor/ Community Conversation Sarah Riley at 920-993-1000, ext. 225, or sriley@postcrescent.com .

admirable goal, but it must be reached in a way that allows willing businesses and nonprofits to continue to employ as many disabled workers as they can. That could be tough to do with a set minimum. Groups also are lobbying for government funds to help the disabled work in the community for competitive wages. Communities and shoppers should value integrated workplaces, and it looks like Wisconsin could use some help bringing more disabled workers into

jobs that pay living wages. The state falls below the national average for intellectually and physically disabled workers that are employed alongside people without disabilities. We have some work to do, and a great place to start is setting policies and programs that help more disabled employees work alongside their nondisabled peers. When we do a better job of that, a wage minimum discussion should naturally follow.

We're running out of time

Appleton

P-C ONLINE POLL

panies provide an environment where disabled workers can work on job skills and, hopefully, move into integrated workplaces. And that training and support is more important than wages. We would love to see a minimum wage apply to everyone, but it's more of a priority to make sure the jobs are there for the disabled — no matter what the pay scale. Advocacy groups want to see better earning opportunities for disabled workers. That's an

for disabled

COMMENTARY

Bob Salm,

Here are the rules: Leave your first and last names (spell both names, please), community of residence and a daytime phone number. Calls can be edited for space and clarity. You have one minute to leave your message. Please, no lost-and-found messages and keep your messages topical, not personal.

Wednesday, August 31, 2011

Let's get talking about what's needed to save the nation By Peter Goldmark Newsday

ear reader: This column will be contentious because it discusses the grave economic danger our country faces. It may challenge or contradict your present thinking. If we were sitting down face to face, I would lean forward and say to you: Our country is in danger of going off the rails economically. We can all feel the downward slide accelerating. But we are divided, and to act together, we've first got to learn to talk with each other again. And the first step toward talking together is to listen to each other carefully. I ask you to listen. And I will in turn listen. Write me at peter.goldmark@newsday. com , and I'll answer you. Tell me, simply — without reference to ideology, party or magic potions — what do we need to do? For now, let's concentrate on goals. Here is my list: We need to get many of the 20-plus million looking for work back earning again. We need to make sure wealthy individuals (those with an annual income of $1 million or more) and corporations pay more, not less, in taxes as a percent of their income than the rest of us. We need the revenue, and we need a fair tax system that is not twisted to benefit the rich. We need a large capital infrastructure investment program, because retail consumer spending and housing bubbles will no longer drive the economy. Modernizing infrastructure will create jobs and make us more competitive, which makes the whole economy stronger. And we can load the infrastructure program up with jobs. We need incentives for state and local governments not to lay people off. We want those dollars and jobs pumping through our economy; we don't want to choke them off — that creates blockages in the

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See GOLDMARK, B-2

COMMENTARY

Perry nowhere near mainstream GOP views ick Perry is no George W. Bush. This is not a compliment. Perry's 2010 tea party-steeped manifesto, "Fed Up!," makes George Bush look like George McGovern. Perry has said he wasn't planning to run for president when he wrote the book, and it shows. The Texas governor floats the notion of repealing the,Ilith Amend-

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Ruth Marcus

Washington Post

ment, which authorized the federal income tax. Perry describes the amendment as "the great milestone on the road to serfdom" because it "was the birth of wealth redistribution

in the United States." Raise your hand if you believe, as Perry suggests, that it's wrong to ask the wealthiest to pay a greater share of their income than the poor. He lambastes the 17th Amendment, which instituted direct election of senators, as a misguided "blow to the ability of states to exert influence on the federal government" that "traded styctural difficul-

ties and some local corruption for a much larger and dangerous form of corruption." Raise your hand if you'd like to give the power to elect senators back to your state legislature. Perry laments the New Deal as "the second big step" — the 16th and 17th amendments being the first — "in the march of socialism and ... the key to releasing the remaining con-

straints on the national government's power to do whatever it wishes." He specifically targets Social Security for "violently tossing aside any respect for our founding principles of federalism and limited government," and asserts that "by any measure, Social Security is a failure." Not by the measure of the share of elderly livSee MARCUS, B 2 -


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Wisconsin State Journal, Madison: September 7, 2011 -Page 15a Madison, WI

STATE JOURNAL EDITORIAL BOARD WILLIAM K. JOHNSTON Publisher • JOHN SMALLEY Editor SCOTT MILFRED Editorial page editor • PAM WELLS Chief financial officer The views expressed in the editorials are shaped by the board, independent of news coverage decisions elsewhere in the newspaper.

OUR OPINION

High school games are not commodities W ith regret, we score a contentious, three-year battle this way: WIAA 1, First Amendment 0. The U.S. 7th Circuit Court of Appeals ruled recently that the Wisconsin Interscholastic Athletic Association, the governing body for high school sports in Wisconsin, is not in violation of the First Amendment with its policies that restrict online live-streaming of tournament and playoff games. The case has a long, complex history but essentially boiled down to this: the WIAA said it had the right to control and derive a profit from those post- season contests, mainly by signing exclusive contracts with certain vendors to produce video of the games, while the state's newspapers — led in the case by Gannett Company newspapers in the Fox River Valley along with the Wisconsin Newspaper Association — said, no, those postseason games are news events and nobody, especially an entity like the WIAA, composed mostly of public schools, should be able to control how and when such events are covered.

WIAA 1, First Amendment 0. The newspapers lost at the federal appeals court level when a threejudge panel ruled in favor of the WIAA's position. Judge Diane Wood wrote that news organizations can cover such events "to their hearts' content. What they cannot do is to appropriate the entertainment product that the WIAA has created without paying for it." Show of hands: who thinks it's a good idea to consider high school football and basketball games as "entertainment product," in the same way that college and pro sports are viewed? In contrast, many would argue that very thing is at the core of big problems in college athletics today. So pushing that notion down to the high school level feels like the wrong thing to do. "We're very disappointed in the decision," said WNA executive director Beth Bennett. The Gannett newspapers and the WNA have not yet decided whether to appeal the ruling to the U.S. Supreme Court, now the only legal avenue remaining.

State Journal archives

Waunakee's Leo Musso pushed away from Monona Grove's Nathan Taylor during the first half of Waunakee's 24-14 win in a WIAA Division 2 playoff game in November in Waunakee.

We're disappointed, too. The WIAA policy on control of postseason events is not at all helpful to Wisconsin communities, parents and families that drive huge interest in high school sports. Making any

part of high school games a commodity to be sold to the highest bidder on a contract is wrong and against the core principles that make the events part of a community's fabric to begin with.

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ince President Barack Obama has been having a rough time, I'll belatedly congratulate him on his apparently successful policy of regime change in Libya. Initially, I favored a more robust and decisive intervention when Obama seemed to dither, and then I criticized how he ultimately committed the United States to a so-called leading-from-behind strategy. But fair is JONAH GOLDBERG fair; whatever happens next — a big question — Obama has succeeded in toppling one of the most loathsome creatures on the international stage. Obviously, he didn't do it alone. Our NATO allies and, of course, the bhp rebels deserve the most credit. And there are quibbles and critiques one can offer. We may even grow nostalgic for the devil we knew, though I doubt it. Still, if Obama were a Republican, he would get considerably more praise from the right for pursuing a relatively low-cost and low-risk NATO-led strategy that resulted in long desired regime change in Libya. (Had he been a Republican, many on the left would have denounced yet another neocon war for oil). Obama also deserves kudos for taking out Osama bin Laden and for his mounting successes in killing other members of al- Qaida. And yet, there's something peculiar about Obama's foreign policy: There doesn't seem to be one. Talking about Libya, Ben Rhodes, the director for strategic communications at the National Security Council, told the New York Times: "We've resisted the notion of a doctrine, because we don't think you can impose one model on very different countries; that gets you into trouble and can lead you to intervene in places that you shouldn't." This strikes me as wildly overstated, even bizarre. A doctrine, in and of itself, doesn't compel anyone to do anything. Moreover, some doctrines — isolationism, for instance — can lead you to not intervene in places you should. Rhodes' anti-doctrine stance reflects an irony about the Obama presidency. Shortly after Obama's swearing-in, and his initial executive order to end coercive interrogation techniques and his (failed) vow to shutter the Guantanamo Bay prison, the conventional wisdom in Washington was that Obama didn't much care about foreign policy, preferring to concentrate on his "transformative" agenda at home. The surge in Afghanistan barely appeased hawks, while his rhetoric about withdrawal barely pleased doves. Former CIA super-lawyer John Rizzo tells PBS in an upcoming episode of "Frontline" that with the exception of ending the interrogation program, Obama "changed virtually nothing with respect to existing CIA programs and operations:' In fact, Obama has strengthened these programs by making them bipartisan and uncontroversial. Even Obama's momentous decision to continue and expand the policy of targeted killings has an oddly cautious flavor to it. If you obliterate terrorists with a drone, you don't have the messy political question of how to arrest, jail, interrogate or prosecute them. Obama's Libya policy established two principles. In March, he explained that we must intervene when there's a risk of massacres or genocide, but we cannot do so alone unless Americans are directly at risk. At face value, I find this borderline repugnant. America shouldn't be the world's policeman, but neither should we make it a matter of principle to say we won't stop genocide because no one will join us. One has to marvel at the audacity of Obama's cautiousness. It buys cheap bravery by saying we must do something, and then exempts us from having to do anything if we're alone in our principles. This principle means that we can do diplomatically or politically easy things (like Libya), but if it's hard to get support for something — like Syria — we're off the hook. It's remarkable how Obama's risk- averse foreign policy has racked up political successes, but by concentrating his talents on domestic affairs, he's made a political mess for himself at home by focusing on a bold agenda. Maybe his domestic policy shop could take some lessons. -

YOUR VIEW

Reader offers best wishes to Mitchard Like many long-time Madison area residents, I remember with fondness the days when Jacquelyn Mitchard was a Capital Times staff writer with a regular column. In fact, I have the column she wrote on her first Mother's Day, also my first Mother's Day, tucked into my oldest son's baby book, and a copy of her very first book, the autobiographical "Mother Less Child" on my shelves. I felt the same shock and sorrow her other fans did on learning of the financial crisis that had befallen her family, and thought her response to it was truly impressive. I expect I speak for all her fans when I say I wish her the very best as she continues to recover from the loss, and to write the books we love to read. — Denise Beck field, Verona

Kind a better bet to run for Senate As a Wisconsin Democrat I believe it's important for us to again win the big races. Therefore I'm concerned about U.S. Rep. Tammy Baldwin's announcement that she is running for Sen. Herb Kohl's seat. Baldwin is a conscientious legislator, but she has not emerged from the crowd as one of the most effective or charismatic. Far more serious, in terms of vote-getting, is the fact that Baldwin is perceived throughout the state as a Madison insider, with Madison concerns and interests at heart. In these times, that is the kiss of death in statewide elections. If Baldwin receives the nomination, we'll see a lot of Republicans giving each other high fives, not a spectacle Democrats would enjoy. La Crosse legislator Ron Kind has a far stronger track record. It reaches all the way back to his working with Sen. Bill Proxmire on the Golden Fleece awards, to years as a prosecutor and serving on committees ranging from conservation to children's

health. He would also have solid popularity throughout the state. He deserves a serious look. — Margaret Benbow, Madison

Obama's promises have lost their luster President Barack Obama's plans to announce before a joint session of Congress and a prime time national audience his most recent ideas on how to solve our nation's stalled economy, met this week with zero job growth for August and a persistent 9.1 percent unemployment rate, comes with significant political risk. It's hard to imagine that any plan will contain measures that will significantly change the economy in the near future any more than the various measures he has instituted since he took office nearly three years ago. The nearly trillion dollar stimulus bill that included various green energy initiatives failed to make any difference, nor did turning General Motors over to his union supporters or the "cash for clunkers" program which hurt the middle class by reducing the number of used cars. On Sunday I listened to Wisconsin Public Radio's Kathleen Dunn as she interviewed the president of the AFL-CIO. She sounded depressed over the lack of excitement from labor and Democrats that much of anything would be gained after Obama's jobs speech. Maybe the promises of "hope and change" have lost their luster for those who were blinded by them. — Ernie Pellegrino, Middleton

Need bipartisan reform of tax code There are a number of reasonable solutions to our country's current fiscal difficulty. Eliminating the Bush tax cuts on all taxpayers could result in over $3 trillion, while eliminating them for earners above $250,000 only would result in a

paltry $700 billion, much of which would be shielded. So taxing only the rich is not the solution, as some liberals believe. Here is a reasonable bipartisan solution which would raise revenue and cut costs: Reform the tax code and add a small value added tax to increase revenue. Wealthy folks cannot avoid a value added tax and will pay a greater proportion of it than they currently do of the income tax. In addition, a long-range plan for entitlement reform is essential to reduce expenses. Finally, to get things moving immediately, $2 trillion of infrastructure projects should be started to comply with the necessary upgrades recommended by the U.S. Corps of Engineers. This will increase jobs. Unfortunately, the Republicans are opposed to any revenue increases and infrastructure stimulus, while the Democrats are in denial that Medicare and Social Security are bankrupting the country. Here's hoping for fiscal bipartisanship! — Jerry Darda, Madison

Find way for older workers to leave jobs There's a lot of talk right now about "creating" jobs. Have our leaders considered that we wouldn't have to create jobs if we could open up existing jobs to younger people? If our leaders can find a way to offer good, affordable health insurance to people in the 55- to 65-year-old range, more people would retire. I know many people currently in that age range who are hesitating about retirement because they can't afford individual health insurance while they wait for Medicare. Stop letting the lobbyists run (and ruin) this country! Set some limits on how much the pharmaceutical companies and medical facilities can charge. And give us some affordable options for health care coverage. We will happily retire and open up thousands of jobs for younger workers. — Deb Weis, Monroe

Goldberg writes for National Review Online.


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Herald Times Reporter, Manitowoc: September 6, 2011 -Page 4a Manitowoc, WI www.htrnews.com

HERALD TIMES REPORTER

National commentary: Live streaming

WIAA case ruling troubling When the nation's Founders protected press freedom, they had never heard of public high school football games. If they had, they probably would have understood the desire of a free press to cover them. But the press has run into a little trouble with that of late. As school officials facing ever-rising costs search for new ways to finance their teams, amid a digital-age drive to "own" every possible image or activity, we are seeing a conflict between freedoms ratified in 1791 and today's realities. Recently a federal appeals court ruled that the Wisconsin Interscholastic Athletic Association may sign exclusive contracts for live streaming of its games, and that local newspapers do not have a freepress right to do the same without paying fees. If the decision stands, it does not bode well for news outlets unwilling to enter into costly bidding battles for rights to show local or state public high school competitions — and may well affect other areas in which "private" entities like the state association are declared owners of what formerly, if not legal-

universities are even more public than the pros. Nonetheless, any battle over rights fees today runs Gene up against decades of liPolicinski censing as an accepted Commentary practice. But with public high ly, were distinctly public schools, we still have a events. chance to get it right: to let The 7th U.S. Circuit the public see their sons Court of Appeals' reasonand daughters in their ing was that news media games in their stadiums still may report on the corn- and gyms, across a range petitions in ways other than of news media. live streaming — through A free-press right to written accounts, intershow live sports still leaves views, photos and analysis. room for copyright law to The decision cited a 1977 apply in other areas, such Supreme Court decision in- as allowing an artist the volving a "human cannonrights to own and sell his ball" who, the justices said, or her performance. Earlihad a right to control video er court decisions in this coverage of his act. The area have distinguished Court noted that journalists "serendipitous" sports could report on the pergames — where the action formance in other ways. and outcome is not predeSupporters of the 7th termined — from crafted Circuit's position in the events that are the invenWisconsin case argue that tion of an artist, ranging college and professional from stage plays and teams long have licensed movies to live-but-scripted broadcasts of their sportactivities such as profesing events, providing a sional wrestling on TV. major source of the income Such a distinction recogit takes to operate teams. nizes and preserves the Public high school sports creative and marketing are no different, they say. value of an artwork while Pro teams are private leaving unrestrained the operations, but many still news coverage of live play in stadiums built with games — news coverage public money. State-funded that has a rich history in

this nation. It also has the

advantage of being a distinction that stands regardless of advances in the technology that brings the sights and sounds of an event to an audience. Some may be inclined to dismiss the Wisconsin association ruling as "just sports." But in a world where new TV entities such as the MLB and NFL channels bring exclusive, essentially promotional (non-journalistic) media offerings to TV each night, is it really a far stretch to see cash-strapped states creating their own "networks" to control and market accounts of state championships? Or to envision a single broadcast entity licensed to live-stream a political party convention, leaving other journalists to less-effective methods of reporting the story? Let's hope we don't see the day when "Play ball!" at the public high school level — or political party event — is followed by "Please insert your credit card to see the rest of the broadcast." Gene Policinski Is vice president and executive director of the First Amendment Center. Email: Igpolicinski0fac.org.

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National commentary: Disaster response

Cantor to hurricane victims: Me first!

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Mother Nature is likely neither a Democrat nor a Republican, but she sure is forcing politicians to show their true colors. Natural disasters tend to do that sort of thing. Who will be the person pitching in to aid homeless neighbors, and who will loot the store with the window busted out? As Congress returns to work/bickering after the Labor Day break, keep your ears open for who might have learned something from the FEMA funding squabble the nation just witnessed. GOP House Majority Leader Eric Cantor has staked out the territory between uncompromising and mean-spirited, exactly what the nation does not need right now. When the bill for Hurricane Irene's wrath on the East Coast began to be calculated, Cantor stuck to his script: No more funding for federal disaster relief without cuts elsewhere in the budget. At least he gets points for consistency, as this was his position in the spring when funding for FEMA in 2012 was being hammered out. This position is also en-

ONLINE POLL How many games will the Green Bay Packers win in the regular season?

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Mary Sanchez Commentary tirely consistent with the "tea party" view of reality. To the true believers of the right, government is the source of our economic malaise, with its "job killing" taxes and regulations and spending and social programs. This beast must be starved, and natural disasters apparently present another opportunity to do so. The tea party message is appealingly simple, full of fighting conviction and certitude, until something like a hurricane hits, or a tornado capable of gutting an entire city, like the one that hit Joplin, Mo., killing 159 people. Or flooding so rapid that it's able to change a river's course, wiping out homes and valuable farmland. Or wildfires that rapidly lay waste to vast tracts of land. Devastation like that causes people to turn to government for the help they believe is due to them. But Eric Cantor says no. Not until he gets his way

» All 16 of them » 12to 15 » 8 to 11 » Less than 8 To vote, visit

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with fiscal policy. Even though the emergency funding needed would have no observable effect on long-term deficits, Cantor will deny it unless his agenda is catered to. Barely a few days after Cantor made his statement, Sen. Claire McCaskill of Missouri revealed a damning new report on private contractor spending in Afghanistan and Iraq. Fraud and waste amounted to $31 to $60 billion in the last 10 years, at least an estimated $3 for every $10 in taxpayer money spent on private contractors in those wars. Think some savings could have been found there? Maybe enough to help rebuild roads and bridges in devastated U.S. communities? Let's not forget, a lot of America is suffering now. Natural disasters don't differentiate by political party. Many states have been hit hard, all over the country, complicating the already tenuous financial situations for many families. The last thing flooded out, burned out, tornadoravaged, desperate, unemployed taxpayers want to hear is congressional bick-

ering. And yet here we have a major party leader in Congress threatening to hijack humanitarian aid for Americans for the sake of political strategy. Just as his party held up raising the debt ceiling, putting the nation in considerable economic peril, to gain a political advantage, to make points against a flailing president. Even if you buy into the premises of the tea party movement, ask yourself: What kind of person does that? In times of great disaster and grief, most people's first instinct is to do the right thing. They help a neighbor in need. They donate time and money, even if it means tapping their own rainy day funds to help others. We need political leaders who see in catastrophe not an opportunity to extract concessions, but to bring out what is best in all Americans: our willingness to contribute to the common good. Mary Sanchez is a columnist for The Kansas City Star Email msanchez@kcstar.com . 0 2011 Tribune Media Services

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and engaging third-party Steve Kagen of Appleton are Outspoken writers Baraboo News Republic: September 10, 2011 -Page 5a mulling bids. candidates would be nice, deserve to have their say Baraboo, WI too. Let's add those two I suppose Michael Greenwood Winning may be the ulti- — and then some — for a (Mailbag, Sept. 8) thought he was mate goal for those who get healthy mix. being cute when he suggested

High school games are not commodities 'th regret, we score a contentious, three-year battle this way: WIAA 1, First Amendment 0. The U.S. 7th Circuit Court of Appeals ruled recently that the Wisconsin Interscholastic Athletic Association, the governing body for high school sports in Wisconsin, is not in violation of the First Amendment with its policies that restrict online live-streaming of tournament and playoff games. The case has a long, complex history but essentially boiled down to this: the WIAA said it had the right to control and derive a profit from those postseason contests, mainly by signing exclusive contracts with certain vendors to produce video of the games, while the state's newspapers — led in the case by Gannett Company newspapers in the Fox River Valley along with the Wisconsin Newspaper Association — said, no, those post- season games are news events and nobody, especially an entity like the WIAA, composed mostly of public schools, should be able to control how and when such events are covered. The newspapers lost at the federal appeals court level when a three-judge panel ruled in favor of the WIAA's position. Judge Diane Wood wrote that

Wi

news organizations can cover such events "to their hearts' content. What they cannot do is to appropriate the entertainment product that the WIAA has created without paying for it!' Show of hands: who thinks it's a good idea to consider high school football and basketball games as "entertainment product," in the same way that college and pro sports are viewed? In contrast, many would argue that very thing is at the core of big problems in college athletics today. So pushing that notion down to the high school level feels like the wrong thing to do. "We're very disappointed in the decision," said WNA executive director Beth Bennett. The Gannett newspapers and the WNA have not yet decided whether to appeal the ruling to the U.S. Supreme Court, now the only legal avenue remaining. We're disappointed, too. The WIAA policy on control of post-season events is not at all helpful to Wisconsin communities, parents and families that drive huge interest in high school sports. Making any part of high school games a commodity to be sold to the highest bidder on a contract is wrong and against the core principles that make the events part of a community's fabric to begin with.

Concert raised $4,200 for Al. Ringling Theatre Support from Baraboo musicians and businesses made the third annual Give Back Benefit Concert possible, giving this town a way to come together for a great cause and express its passion for music and art. As a result,

HOLLYWOOD — God bless America, and how's everybody? Washington Nationals pitcher Stephen Strasburg came back a year after Tommy John surgery to blank the Dodgers Tuesday. The kid was unhitta ble. President Obama just revealed he's having all the tendons in his elbow replaced with tissue from Ronald Reagan. The Ronald Reagan Presidential Library hosted the GOP debate Wednesday in Simi Valley. The place is full of history. The candidates posed for pictures next to a piece of the Berlin Wall and Michele Bachmann vowed that we will get whoever did this. President Obama's speechwriter Jon Lovett resigned to pursue what he called a more fulfilling life in Los Angeles writing comedy. He helped write the stimulus bill, the health care law and the president's jobs plan. His work as a comedy writer in Washington is done. Republicans refused to give a TV response to the president's jobs speech to Congress Thursday. They weren't going to fall for

Letters

We welcome letters to the editor. Please type or print your name, address and phone number and sign your letter. We will print only your name and town. Other information is for verification. We reserve the right to edit letters for grammar, punctuation, spelling, libel and clarity. Letters must be kept to 500 words or less. Letters from local people or about local issues receive priority. We will not run unsigned letters. We reserve the right not to publish a letter. Send letters to Editor, Baraboo News Republic, 714 Matt's Ferry Road, P.O. Box 9, Baraboo, WI 53913; fax (608) 356-0344 or e-mail, bnr-editorial@capitalnewspapers.com

$4,200 was raised for the restoration of this town's beautiful Al. Ringling Theatre, in addition to the $10,000 that has been raised from the past two years of the Give Back Benefit Concert. This has, once again, been an incredibly inspiring experience for us and many others involved, and we cannot thank this town enough for

ARGUS HAMILTON HUMOR that one. If there's one thing Republicans have learned in 150 years it's that nobody gets re-elected by delaying the kickoff. Oklahoma coach Bob Stoops said Tuesday the annual OU-Texas game every October in Dallas might end. That's not the view of either OU fans or Texas fans. Bob Stoops is from Ohio and isn't used to driving through brushfires to get to the only game that matters. Eddie Murphy agreed to host the Academy Awards ceremony in March at the Kodak Theater in Hollywood. He needs the pub licity. Eddie is a superb stand-up comedian but his last three movies have been such major bombs that he is now considered a god in Pakistan.

believing in us. We are very proud of everyone who gave their time, talents, and hard work to make this concert a reality. Together, we have created something beautiful. Thank you for giving back.

Robert Redford blasted President Obama Tuesday for allowing oil drilling off Alaska last week. The rift is real. Robert Redford asked whether or not President Obama is really green, which would be easy to verify if he'd just show everybody his earth certificate. MRC TV released a video game Tuesday which allows players to slaughter Tea Party Zombies depicted as Sarah Palin, Rush Limbaugh, Sean Hannity, Rick Santorum and all the Fox News anchors. Even Democrats find it disturbing. Zombies are people who'll never go away. President Obama got his lowest-ever approval numbers on Tuesday. They are out of ideas. Last night, an aide urged President Obama to forget talking to the people and talk to God, but the president said she was asleep upstairs and he didn't dare wake her up. Mitt Romney spoke in Las Vegas Tuesday and unveiled his 59 -point program for creating jobs. This is a mistake. By the time he finishes explaining it, the debate mod-

DOONESBURY: BY GARRY TRUDEAU LET'S SEE... "'SHE FREAKED OUT AFTERWARD. HYSTERICAL, CRYING, TOTALLY FLIPPED OUT. THE THING THAT PEOPLE REMEMBER 15 HER FREAK-OUT."'

"AM SE7TUNG IN WITH `THE ROGUE,' NEW PAULA MO. WILL WEFT ANYTHING INTERESTING." 0 2011 G. B. Trudeau

Opinions expressed here are not necessarily those of the editorial board or this paper. Opinions expressed by the editorial board will be labeled a News Republic Editorial.

Nijole Etzwiler, Baraboo

Hilary Bildsten and Emily Tierman, Baraboo

Speechwriter's career as comedian already complete

Editorial Board ■ BEN BROMLEY, Assistant Editor ■ ELLEN BUENO, Reader Member

them all particularly enlightening and articulate. Mr. Greenwood should try to emulate, not insult them.

THANK-YOU LETTER

BARABOO NEWS REPUBLIC ■ MATT MEYERS, General Manager ■ TODD KRYSIAK, Editor

Allegra Zick, Tom Kriegl, Dale Glaudell and Richard Bates write a cleverly titled book, but he was painfully fatuous. If he disagrees with their letters, he should marshal his facts and refute theirs. I find

"'SHE WAS JUST HORRIFIED. SHE COULDN'T BELIEVE THAT SHE'D DONE IT/"

erators will be ringing the bell so hard that people will think the building's on fire and head for the exits. Mitt Romney gave a speech on job creation in Nevada Tuesday. He proposed Reagan Economic Zones in areas that need help. It would allow economically disadvantaged areas like Detroit and the south side of Chicago to sell missiles to Iran taxfree. The Weather Channel showed wildfires burning Texas and Oklahoma and Southern California on Tuesday. The fires were started by lightning strikes and plane crashes and fireworks. It looks like the jobless rate finally hit the number that won us a free game. Massachusetts U.S. Sen. Scott Brown told a radio interviewer Tuesday President Obama's Uncle Omar should be deported home to Kenya as a threat to public safety. He works in a liquor store and was just arrested for drunk driving. Under Massachusetts law, liquor stores are not allowed to hire product demonstrators until closer to Christmas.


The Janesville Gazette: September 3, 2011 -Page 6a WI 6A • Saturday, Janesville, September 3, 2011

OPINION

The Gazette

OUR VIEWS

STATE VIEWS

"Let's hope we don't see the day when `Play ball!' at the public high school level ... is followed by 'Please insert your credit card to see the rest of the broadcast.'" —Gene Policinski, First Amendment Center

Wisconsin needs steady job growth

Court ignores First Amendment in WIAA ruling Mystifying. Stupifying. Those words come to mind after a federal appeals court ruling that the Wisconsin Interscholastic Athletic Association may sign exclusive deals to live stream its games and that freedom of the press doesn't permit newspapers to stream action on the Internet without paying fees. The court agreed with a federal judge's decision last year in a 2008 lawsuit against Gannett and the Wisconsin Newspaper Association. Gannett owns the Appleton PostCrescent, which produced live streaming for four playoff football games. The 7th U.S. Circuit Court of Appeals likened the games to entertainment and cited a 1977 Supreme Court decision involving a "human cannonball." Justices said that fellow had a right to control coverage of his act. How does a guy shooting himself out of a cannon equate to public school students playing a football game in a public facility? What, Barnum & Bailey is just like the Parker Vikings? The WIAA says exclusive contracts provide revenue vital to putting on playoff contests amid increasing costs. Granted, this decision doesn't reduce a newspaPolicinski per's right to cover games through interviews, stories, analyses and photographs. Will the WIAA, however, eventually ban grandma from trying to videotape a game? Will the sports authority decide it wants to sell exclusive rights to an official photographer and ban newspapers from selling reprints of their photos to family members and fans? WIAA spokesman Todd Clark says it won't come to that and that the idea is to generate as much exposure for student athletes as possible. How does stifling a newspaper's opportunity to live stream add to exposure? "At some point, there's common sense involved in all this," he said. We've yet to see common sense related to First Amendment rights in this case. Supporters of the court decision argue that college and pro teams have long licensed broadcasts of games to provide income to operate the teams. They suggest public high school sports are no different. Gene Policinski is senior vice president and executive director of the First Amendment Center. He points out that, yes, pro teams are private operations but that many play in stadiums built with public money. State-funded universities are even more "public" than the pros, but battles over rights fees run up against decades of licensing as an accepted practice. Policinski believes our courts still have a chance to "get it right" by letting the public see their sons and daughters play games in stadiums and gyms across a range of news media. Asks Policinski: If the National Football League can create exclusive TV channels, "is it really a far stretch to see cashstrapped states creating their own 'networks' to control and market ... state championships?" Gannett reportedly is reviewing the decision and contemplating its next step. It should forge on in this battle for constitutional rights. The WIAA contends high school tournaments are a business. We see them as news.

Sidney H. Bliss, Publisher Howard F. Bliss, 1883-1919 Harry H. Bliss, 1919-1937 Sidney H. Bliss, 1937-1969 Robert W. Bliss, 1937-1992

Bliss Communications, Inc. Sidney H. Bliss, President, Board Chairman Robert J. Lisser, Vice President/CFO/Secretary Charles A. Flynn, Vice President, Technical Services Mary Jo Villa, Vice President, Circulation Scott W. Angus, Vice President, News Dan White, Vice President, Advertising • • • • • •

VIEW OF THE WEEK Let's keep proud legacy of education in Janesville I am appalled by the citizens of our city who consider public education to be one of our lowest priorities. I am a graduate of the public school system; so were both my parents, and their parents. My teachers took a vested interest in both my scholastic career and personal growth; they pushed me to be the best I could be when I was content with simply coasting by. Even though I left high school three years ago, I can still name every teacher from every year and every class. They had faith in me, and I only wish that everyone else in Janesville could have that same faith in them.

We are who we are today due in some part to those who taught us. A strong public school system will lead to higher standardized test scores, higher graduation rates, higher college matriculation rates and an overall better standard of living for everyone in this city. Now, more than ever, we need to stand behind those who have educated us and will continue to educate Adams Janesville's children long after we are all gone. Let's leave Janesville with a legacy that the future will be proud of. MADDIE ADAMS Janesville

YOUR VIEWS Angus' views on taxes fly in face of economic reality

Office of Strategic Services in describing Hitler's psychological profile. Lies are used to mislead and sometimes create fear. Fear influences how we think Scott Angus' column Aug. 21st promoted and vote. If we don't analyze evidence caretax increases for Janesville. Mr. Angus wrote fully, the irrational appears rational and the "...the city must be inviting and attractive absurd appears real. and offer the basics that progressive people Ask who gains if we're led to believe, for expect and the extras they want." example, that failing schools are the fault of It seems Mr. Angus subscribes to the eco- teachers unions; that Muslims, gays, people nomic theory that if a city builds an ice rink of color or illegal immigrants are the cause and bike tunnel, then business owners with of our failures; that our schools no longer jobs will skate and ride into the city. provide quality education, or that Social SeHe is not only wrong to suggest that curity should be abolished. Who gains by higher taxes will help Janesville, he should keeping large numbers of people unemreview the Gazette's editorial principles. ployed or in poverty? Those editorial principles include "The How much of what we're told is the boGazette takes a conservative stance on taxgeyman under our beds? How much is realies. We reject most new taxes as licenses to ty? How can we get balanced views by alspend money. We urge government officials ways watching the same cable news chanto instead find new, innovative ways to trim nels, reading what we already believe or expenses and find other sources of revenue." talking only to those with whom we agree? The evidence is clear that higher taxes ED TIMMER lead to poorer economies. This year, Cato Janesville Journal published the study "Why Some Cities Are Growing and Others Shrinking." The author found all 10 of the slowest-growing metro areas are found in the highly taxed Northeast and Midwest, while six of This letter has to do with the current tax the 10 fastest-growing cities exist in states assessments for commercial property in that levy no personal income taxes. Janesville. I own an office building on the In July, Illinois lost more jobs than any far west end of the Westgate Corridor. The state, immediately after its record tax hike. building was completed in 2005. I depend In the end, Mr. Angus' idle supposition on rental income to make a profit on my inand conjecture fly in the face of economic vestment in this building. reality. The fact of the matter is that good The assessment on this property injobs, not taxpayer-funded services, are recreased 130 percent on the land and 58.5 sponsible for our prosperity, increases in in- percent on the improvements. dividual income and quality of life. Like the commercial property owners citROY STUBBS ed in the Aug. 21 Gazette, I have serious Beloit concerns about the quantum increases in assessments. I also take issue with the criteria used to determine true value. I've been fortunate to keep the same tenants since the building opened in January "His primary rules were: never allow the 2006. Recently, I had to reduce their rents public to cool off; never admit a fault or to keep them from going elsewhere. This wrong; never concede that there may be pressure won't allow me to increase rents to some good in your enemy; never leave room offset a tax increase. As a result, I would be for alternatives; never accept blame; constuck with the same or lower income in the centrate on one enemy at a time, and blame face of a looming increase in operating cost. him for everything that goes wrong; people I think many would agree that a substanwill believe a big lie sooner than a little one; tial increase is in the offing. If so, my busiand if you repeat it frequently enough, peo- ness, like others, may be in jeopardy. ple will sooner or later believe it." I stated my case to the open-book folks. This may sound like it's about Dick ChThe outcome will be interesting. eney, but Wikipedia claims this phrase was JAMES ERICKSON used in a WWII report prepared by the U.S. Janesville

Businessman has familiar assessment gripe

Expand your horizons to gain balanced views

gazett e 166 years of community service... since 1845

www.gazettextra.com

1 South Parker Drive • P.O. Box 5001 Janesville, Wis. • 53547-5001 • (608) 754-3311

Scott W. Angus, Editor sangus@gazettextra.com

Sid Schwartz, Local News Editor sschwartz@gazettextra.com Greg Peck, Opinion Page Editor gpeck@gazettextra.com

We all understand that restoring jobs and creating new ones is a marathon, not a sprint. But a marathon runner, unlike current job-growth reports, starts the race, holds a steady pace and drives consistently to the finish. Here in Wisconsin, we seemed to be mired in an overall no-growth mode with blips of monthly advances countered by declines the next. We were startled to hear that Wisconsin supposedly was responsible for more than half STAN MILAM of all job growth in the country in June when Wisconsin reported 14,800 new jobs. Gov. Walker and spokesmen for Republican organizations quickly "clarified" those comments. Much of Wisconsin's job growth the past few months could be attributed to temporary full-time jobs such as those in the tourism industry. The latest figure shows a loss of 12,500 private-sector jobs for July. Job numbers for the third quarter will provide a clearer picture of the effects of these temporary full-time jobs. Most of them, of course, will go away, but will they show up in the unemployment totals as many workers go back to school? While we try to make sense of the numbers, we see evidence of a jobs crisis around us. We see our friends and neighbors lose their jobs, their homes and their dignity. When it comes to employment for ourselves, our families, our friends and our neighbors, we don't analyze job gains and losses by sector. When a friend loses a job in the public sector, it's just as devastating as a friend losing a job in the private sector. How many times have you heard someone say, "My brother lost his teaching job, but it's not all that bad. At least the lost job is not in the durable goods sector." While Wisconsin was "creating" 14,800 jobs in June, how many people do you know who continue to work but have not seen a pay increase in years, who have endured forced time off with no pay, pay cuts and reduced benefits? Underemployed is not even considered by the government numbers crunchers. If you get laid off and in a few months find a job at half the pay with a 100-mile commute each day, that's a job created. We have grown weary of all the numbers. All we know is that there doesn't seem to be as many jobs now and ones that are available don't pay very well. Despite the numbers coming out of Madison, we see the decline all around us every day. Durable-goods manufacturing is increasing, and our national ranking as a state to do business in is improving. But that's little comfort to laid-off and underemployed workers who continue to struggle with no relief in sight. Like the marathon runner, Wisconsin needs to steadily move forward with reasonable and consistent goals and measures to retain and create jobs, regardless of which sector the jobs are in. Why measurements as well as goals? Because we need to know if those responsible for job growth are succeeding or failing. We don't need numbers. We don't need increased efficiencies if they result in greater profits at the expense of fewer jobs. We all can't be stockholders. We need jobs. Somebody has to be employed making something or providing a service.

Stan Milam of Janesville owns and operates Capitol News Service in Madison. Phone (608) 774-8584; email stancns@aol.com. Milam works on communication issues for the education division of Studer Group, an international health care and education consulting firm.

The Janesville Gazette Letters Policy The Janesville Gazette welcomes letters to the ed-

itor. Letters should be typed or clearly legible and limited to 250 words, as calculated by our computer system. They may be edited for brevity, clarity, good taste

and libel. We do not publish anonymous letters or poetry. Write as often as once every 30 days. Please include your full name and signature, complete address and a daytime phone number. Mailto: Letterstothe Editor, The Janesville Gazette, 1 S. Parker Drive, P.O. Box 5001, Janesville, Wis. 53547-5001.You can also e-mail your letter to letters@gazettextra.com .


it-or-isn't-it double-dip reces- spend a higher percentage of Wisconsinites just don't have sion isSeptember the hope randomized their income on lottery tickOshkosh Northwestern: 6, 2011 -Page 6a the few bucks to drop on lot- numbers can produce a quick ets than wealthier individuals tery cards.Oshkosh, WI escape hatch. — a no-brainer considering While there are worse ways As a USA Today article how much those with low into spend discretionary dol- points out, multiple studies of comes feel they have to gain

their own safety nets. Who wouldn't be tempted by thinking a few lucky numbers or the right scratch-off combinations could lead to a cash infusion?

The Final Thought: That more people nationwide are buying lottery tickets is probably a sign of human nature's search for an easy way out during turbulent times.

COMMENTARY

Ruling means press would pay to stream school games When the nation's Founders protected press freedom, they had never heard of public high school football games. If they had, they probably would have understood the desire of a free press to cover them. But the press has run into a little trouble with that of late. As school officials facing everrising costs search for new ways to finance their teams, amid a digital-age drive to "own" every possible image or activity, we are seeing a conflict between freedoms ratified in 1791 and today's realities. Recently a federal appeals court ruled that the Wisconsin Interscholastic Athletic Association may sign exclusive contracts for live streaming of its games, and that local newspapers do not have a free-press right to do the same without paying fees. (The ruling stems from a lawsuit against the Appleton Post-Crescent, its parent company Gannett Co. Inc. and the Wisconsin Newspaper Association. The Oshkosh Northwestern is also owned by Gannett.) If the decision stands, it does not bode well for news outlets unwilling to enter into costly bidding battles for rights to show local or state public high school competitions and may well affect other areas in which "private" entities like the state association are declared owners of what formerly, if not legally, were distinctly public events. The 7th U.S. Circuit Court of Appeals' reasoning was that news media still may report on the competitions in ways other than live streaming through written accounts, interviews, photos and analysis. The deci-

Gene Policinski Inside First Amendment

sion cited a 1977 Supreme Court decision involving a "human cannonball" who, the justices said, had a right to control video coverage of his act. The Court noted that journalists could report on the performance in other ways. Supporters of the 7th Circuit's position in the Wisconsin case argue that college and professional teams long have licensed broadcasts of their sporting events, providing a major source of the income it takes to operate teams. Public high school sports are no different, they say. Pro teams are private operations, but many still play in stadiums built with public money. State-funded universities are even more public than the pros. Nonetheless, any battle over rights fees today runs up against decades of licensing as an accepted practice. But with public high schools, we still have a chance to get it right: to let the public see their sons and daughters in their games in their stadiums and gyms, across a range of news media. A free-press right to show live sports still leaves room for copyright law to apply in other areas, such as allowing an artist the rights to own and sell his or her performance. Earlier court decisions in this area have distin-

guished "serendipitous" sports games where the action and outcome is not predetermined from crafted events that are the invention of an artist, ranging from stage plays and movies to live-but-scripted activities such as professional wrestling on TV. Such a distinction recognizes and preserves the creative and marketing value of an artwork while leaving unrestrained the news coverage of live games — news coverage that has a rich history in this nation. It also has the advantage of being a distinction that stands regardless of advances in the technology that brings the sights and sounds of an event to an audience. Some may be inclined to dismiss the Wisconsin association ruling as "just sports." But in a world where new TV entities such as the MLB and NFL channels bring exclusive, essentially promotional (non-journalistic) media offerings to TV each night, is it really a far stretch to see cash-strapped states creating their own "networks" to control and market accounts of state championships? Or to envision a single broadcast entity licensed to live-stream a political party convention, leaving other journalists to less-effective methods of reporting the story? Let's hope we don't see the day when "Play ball!" at the public high school level or political party event is followed by "Please insert your credit card to see the rest of the broadcast." Gene Policinski is vice president and executive director of the First Amendment Center, 555 Pennsylvania Ave., Washington, D.C., 20001. Email: gpolicinski@fac.org.

YOUR CALL OSHKOSH AREA SCHOOL DISTRICT www.oshkosh.k12.wi.us

»John Lemberger, president (920) 232-8155, johniemberger@ oshkosh.k12.wi.us

»Steve Dedow, (920) 688-2355, steve.dedow@oshkosh.k12.wi.us

»Karl Loewenstein, (920) 233-4831, karlioewenstein@oshkosh.k12.wi.us

» Steve Eliasen, (920) 233-1311, steve.eliasen@oshkosh.kl2.wi.us

Ben Schneider II, (920) 235-9262, ben.schneider@oshkosh.k12.wi.us

» Allison Garner, (920) 231-9061, allison.garneraoshkosh.k12.wi.us

»Matthew Wiedenhoeft, (920) 2673000, matthew.wiedenhoefta oshkosh.k12.wi.us

LETTERS Fat cat unions should pay fair share of taxes

I wonder how many of you know that unions are tax exempt. Why not tax labor unions? The labor unions are exempt under 501(c)(5) of the Internal Revenue Code. Look it up. Unions are 501(c)(5)s and they are exempt. "We are Wisconsin" is a national union group. Public-sector unions are bargaining against the citizens of the state of Wisconsin. Forced unionism requires teachers to join and automatically deducts union dues through teachers' payroll, and enables the union to amass enormous funds that fuel their lobbying and money laundering to the Democrat party. On the national level, they are funneling campaign money to Barack Hussein Obama. Without this considerable power, the WEA and special interest groups like "WE are Wisconsin" would not be able to thwart education reforms that are in the best interests of students and teachers. In addition to blocking meaningful education reforms such as school choice, education unions appear to be reckless with dues money. Union leaders receive exorbitant salaries. NEA president Dennis Van Roekel received approximately $300,000 and NEA Treasurer Rebecca Pringle received $321,000 in 2009. Several executive members earned more than $200,000. Government employees are paid up to 30 percent more than those in the private

Labor unions rake in billions in dues, yet they do not pay one thin dime in taxes. Isn't it time that rich, powerful, labor unions pay their fair share? sector. Tell me why somebody on your street should pay you twice what he earns and then promise you health care and salary for the rest of your life? Labor unions rake in billions in dues, yet they do not pay one thin dime in taxes. Isn't it time that rich, powerful, labor unions pay their fair share? Sallie Helmer Ripon

Area drivers reach new low of poor motoring

Apparently, I missed a day of Driver's Ed back in high school; the day they announced the following: if there's no cop around, anything goes. Turn signals are totally optional. Stop signs are merely a suggestion. You may proceed two vehicles at a time through a four-way stop. In 46 years of driving, I have never seen such egregious behavior as lately here in the Fox Cities. Put every squad we have on the streets. Richard Froemming Neenah

READER CONTACTS THE OSHKOSH NORTHWESTERN

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224 State Street Oshkosh, WI 54901 Phone 920-235-7700 or 800-924-6168 Our offices are open 8 a.m. to 5 p.m. Monday through Friday.

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TODAY'S CONVERSATION

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Northwestern or other subjects. *Identification: Only submissions that include name, address and a phone number, and are verified, can be considered for publication. *Letters: Letters to the editor should be no longer than 300 words. Submissions are limited to publication once every 30 days. All submissions are subject to editing for length, accuracy, clarity and taste. *Submissions: Letters to the editor,

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The Daily Tribune, Wisconsin Rapids: September 7, 2011 -Page 3a Wisconsin Rapids, WI

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Still chance to get it right with games

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hen the nation's founders protected press freedom, they never had heard of public high school football games. If they had, they probably would have understood the desire of a free press to cover them. But the press has run into a little trouble with that of late. As school officials facing everrising costs search for new ways to finance their teams, amid a digitalage drive to "own" every possible image or activity, we are seeing a conflict between freedoms ratified in 1791 and today's realities. Recently a federal appeals court ruled that the Wisconsin Interscholastic Athletic Association may sign exclusive contracts for live streaming of its games, and that local newspapers do not have a free-press right to do the same without paying fees. If the decision stands, it does not bode well for news outlets unwilling to enter into costly bidding battles for rights to show local or state public high school competitions — and might well affect other areas in which "private" entities like the state association are declared owners of what formerly, if not legally, were distinctly public events. The 7th U.S. Circuit Court of Appeals' reasoning was that news media still can report on the competitions in ways other than live streaming — through written accounts, interviews, photos and analysis. The decision cited a 1977 Supreme Court decision involving

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ing from stage plays and movies to live-but-scripted activities such as professional wrestling on TV. Such a distinction recognizes and preserves the creative and marketing value of an artwork while leaving unrestrained the news coverage of live games — news coverage that has a rich history in this nation. It also has the advantage of being a distinction that stands regardless of advances in the technology that brings the sights and sounds of an event to an audience. Some might be inclined to dismiss the Wisconsin association ruling as "just sports." But in a world where new TV entities such as the MLB and NFL channels bring exclusive, essentially promotional (non-journalistic) media offerings to TV each night, is it really a far stretch to see cash-strapped states creating their own "networks" to control and market accounts of state championships? Or to envision a single broadcast entity licensed to live-stream a political party convention, leaving other journalists to less-effective methods of reporting the story? Let's hope we don't see the day when "Play ball!" at the public high school level — or political party event — is followed by "Please insert your credit card to see the rest of the broadcast." Gene Policinski is vice president and executive director of the First Amendment Center, 555 Pennsylvania Ave., Washington, DC 20001. Email: gpolicinski@fac.org.

LETTERS

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a "human cannonball" who, the justices said, had a right to control video coverage of his act. The Court noted that journalists could report on the perforGENE mance in other ways. POLICINSKI Supporters of the 7th Circuit's position in the Wisconsin case argue that college and professional teams long have licensed broadcasts of their sporting events, providing a major source of the income it takes to operate teams. Public high school sports are no different, they say. Pro teams are private operations, but many still play in stadiums built with public money. State-funded universities are even more public than the pros. Nonetheless, any battle over rights fees today runs up against decades of licensing as an accepted practice. But with public high schools, we still have a chance to get it right: to let the public see their sons and daughters in their games in their stadiums and gyms, across a range of news media. A free-press right to show live sports still leaves room for copyright law to apply in other areas, such as allowing an artist the rights to own and sell his or her performance. Earlier court decisions in this area have distinguished "serendipitous" sports games — where the action and outcome is not predetermined — from crafted events that are the invention of an artist, rang-

New player registration scheduled Rapids Kickers Competitive Soccer Club new player registration opens Sept. 19 for the 2012 spring soccer season. We will be holding informational meetings for new players on Monday, Sept. 19, and Tuesday, Sept. 20, in the auditorium at McMillan Library from 5 p.m. to 7 p.m. Stop by anytime during these hours to see an overview of the

Buddy Poppy drive is a success

Kickers program and receive online registration instructions. New players should plan on attending one of these evening sessions while returning Kickers players need not attend and must register directly online at www. rapidskickers.com . Credit card payment is now an option for registration. All registrations must be completed by Sept. 30, 2011, as the formation of teams will begin in early October. Competitive teams play league games from May until early July against other clubs in Central Wisconsin. In addition,

2534 and its Auxiliary appreciate each and every one for donating to this program and proudly wearing the Buddy Poppy. Many thanks to the business places and industries A heartfelt thank you to for allowing our volunthe people of Wisconsin teers to stand at their Rapids for another very entrances. A special thank you to successful Buddy Poppy drive, which was conduct- all the volunteers who ed on Friday, Aug. 26, and agreed to work when called. Their dedication Saturday, Aug. 27. The members of the to this project is what Buckley Baldwin Post allows this program, to

ribune.com or by onsin Rapids, WI ay and evening

have one letter writing a My View

most teams play in four tournaments during these summer months including our own Kicker Invitational in June. Club fees are based on your age group and the number of tournaments the team will attend: Players age 10 and older, $180, includes all tournament fees; players age 10 and under, $120 or $180, depending on the number of tournaments they elect to play in. There is an additional $94 uniform purchase fee for new players. These uniforms are yours to keep and generally can be used support our veterans, to be achieved. The top promoter for the post was Gordon Harmon, and for the Auxiliary was Marilyn Christensen. Marilyn Christensen Co-chairman Buddy Poppy Committee Wisconsin Rapids Ramona Witte Co-chairman Buddy Poppy Committee Wisconsin Rapids

Submissions may be refused for any reason and are subject to editing, primarily for length, accuracy and clarity. By submitting content for the Opinion page, you grant permission to publish it in print, online or other forms. Letters must be the original thoughts and words of the person submitting them. Submissions that cite statistics or other factual information must include the source or sources of that information.

by your athlete for multiple seasons. Our focus is helping players become the best soccer players they can be while promoting a love of the world's most popular sport. We invite you to stop by and learn about our club and the great game of soccer. If you have any questions regarding registration, please contact either: Kelly Nicholas, kellyn@ solarus.net , cell 715-3230417; or Paula Berger, pbnvj@hotmail.com , cell 715-459-9426. Paula Berger Wisconsin Rapids

Thanks to IGA for donating `book covers' The Wisconsin Rapids Area Middle School math department would like to thank Merlin Jeffery, store manager of West Grand IGA, for donating over 800 grocery bags. These grocery bags will be used to cover and protect every math textbook issued to our sixth and seventh grade math students. We appreciate the continued support of Mr. Jeffery and West Grand IGA. Tim Bean

Tammy St. Myers Math teachers Wisconsin Rapids Area Middle School Wisconsin Rapids


Green Bay Press-Gazette: September 7, 2011 -Page 6a Green Bay, WI » See Joe Heller's cartoons at www.greenbaypressgazette.com

Exclusive live streaming contracts restrain news hen the nation's founders protected press freedom, they had never heard of public high school football games. If they had, they probably would have understood the desire of a free press to cover them. But the press has run into a little trouble with that as of late. As school officials — facing ever-rising costs — search for new ways to finance their teams, amid a digital-age drive to "own" every possible image or activity, we are seeing a conflict between freedoms ratified in 1791 and today's realities. Recently a federal appeals court ruled that the Wisconsin Interscholastic Athletic Association may sign exclusive contracts for live streaming of its games, and that local newspapers do not have a free-press right to do the same without paying fees. If the decision stands, it does not bode well for news outlets unwilling to enter into costly bidding battles for rights to show local or state public high school competitions and may well affect other areas in which "private" entities like the state association are declared owners of what formerly, if not legally, were distinctly public events. The 7th U.S. Circuit Court of Appeals' reasoning was that news media still may report on the competitions in ways other than live streaming through written accounts, interviews, photos and analysis. The decision cited a 1977 Supreme Court decision involving a "human cannonball" who, the justices said, had a right to control

W

Gene Policinski

Inside the First Amendment

video coverage of his act. The Court noted that journalists could report on the performance in other ways. Supporters of the 7th Circuit's position in the Wisconsin case argue that college and professional teams long have licensed broadcasts of their sporting events, providing a major source of the income it takes to operate teams. Public high school sports are no different, they say. Pro teams are private operations, but many still play in stadiums built with public money. State-funded universities are even more public than the pros. Nonetheless, any battle over rights fees today runs up against decades of licensing as an accepted practice. But with public high schools, we still have a chance to get it right: to let the public see their sons and daughters in their games, inside their stadiums and gyms, across a range of news media. A free-press right to show live sports still leaves room for copyright law to apply in other areas, such as allowing an artist the rights to own and sell his or her performance. Earlier court decisions in this area have distinguished "serendipitous" sports games where the action and out-

come is not predetermined from crafted events that are the invention of an artist, ranging from stage plays and movies to live-butscripted activities such as professional wrestling on TV. Such a distinction recognizes and preserves the creative and marketing value of an artwork, while leaving unrestrained the news coverage of live games, news coverage that has a rich history in this nation. It also has the advantage of being a distinction that stands regardless of advances in the technology that brings the sights and sounds of an event to an audience. Some may be inclined to dismiss the Wisconsin association ruling as "just sports." But in a world where new TV entities such as the MLB and NFL channels bring exclusive, essentially promotional, non-journalistic media offerings to TV each night, is it really a far stretch to see cash-strapped states creating their own "networks" to control and market accounts of state championships? Or to envision a single broadcast entity licensed to live-stream a political party convention, leaving other journalists to less-effective methods of reporting the story? Let's hope we don't see the day when "Play ball!" at the public high school level or political party event is followed by `Please insert your credit card to see the rest of the broadcast."

country. Of the four men who were released to the U.S. — all of them Russians — in return for this grand gesture, two were taken to Britain; the others landed in Washington and then disappeared in a caravan of black SUVs. The U.S. government should do the same for Alan Gross. Seven months before the U.S.Russia spy swap, Gross was arrested in Cuba and charged with committing "acts against the independence and territorial integrity" of that communist nation. Gross worked for Development Alternatives, Inc., a U.S. State Department contractor. The charge against him stems from his efforts to provide satellite phones and unrestricted Internet access to some people in Cuba, whose government the United States has tried for more than half a century to topple. Sentenced to 15 years in prison, Gross told an appeals court he had been a "trusting fool" and didn't know his actions violated Cuban law, according to a transcript released recently by his American lawyer. Maybe he didn't, but the State Department must have. By engaging the company that hired Gross to help implement its "Cuba democracy program," the diplomats in Foggy Bottom surely knew the risks they were running in privatizing a portion of their efforts to bring regime change to that island nation.

spies it imprisoned 13 years ago for the 62-year-old Gross. The so-called Cuban Five — espionage agents whom Cuba had sent here to spy on Cuban exiles who want to overthrow the Castro regime — received sentences ranging from 15 years to life. One of them was accused of conspiracy in the 1996 shoot down of two U.S.-based civilian planes by Cuban MiG fighters. Cuba says those planes violated its air space — a claim that is denied by Brothers to the Rescue, the Cuban exile group that operated those flights. Spying is a nasty business that, unfortunately, produces a lot of collateral damage. Keeping the Cuban Five in prison won't bring back the lives lost in that shoot down, but swapping them for the ailing Gross could save the life of a man who says he was tricked into the spy game. Such a humanitarian gesture, probably, will only generate widespread resistance from those Cuban exiles who clamor for the U.S. to do for them what dissidents in Syria and Libya have taken to the streets of those countries to do for themselves. Gross should not be left to suffer a long prison term for their sake; he should be swapped for the Cuban Five with as much dispatch as was used to get those ailing spies out of Russia. DeWayne Wickham writes weekly for USA TODAY Contact him at DeWayneWickham@aol.com .

ANOTHER VIEW

Gene Policinski is vice president and executive director of the First Amendment Center, 555 Pennsylvania Ave., Washington, D.C. 20001. Web: firstamendmentcenterorg. Email: gpolicinski@fac.org.

REVAMPED TONY WALTER COLUMN STARTS SUNDAY

Tony Walter has a new assignment and his column will follow a new direction beginning Sunday. After assignments as a reporter, editor and columnist, Waiter now serves as the Opinion page editor for the Green Bay Press-Gazette. The focus of his Sunday column will shift from human interest stories to issues like local politics and the major news events of the day. The column also will move from the local news page to the Opinion page. It all starts Sunday in your Press-Gazette.

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LETTERS FOR COMMUNITY VIEWS We decide whether to publish a letter based on the number we receive, the interest a letter has for local readers and the contribution it makes to the public dia-

and events in Northeastern Wisconsin. Writers are limited to one letter every 30 days. We do not publish poetry; letters that are libelous or attack other writers; third-party, consumer-complaint and thank-you letters; and letters generated by political campaigns or special-interest groups and signed by local people.

logue. We have a 200-word limit on all letters and a strong preference for those that are about issues

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We appreciate the time that it takes to compose a letter to the Community Views and your willingness to share your thoughts with other Press-Gazette readers.

ONLINE TODAY We post tomorrow's editorial every afternoon. Go to the Community Conversation blog at www.greenbaypressgazette.com to tell us what you think before it appears in print.

KEVIN CORRADO

for verification, but only your name and the community in which you live will appear in Community Views.

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LETTERS TO THE EDITOR:

Executive

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KAREN LINCOLN MICHEL

MAIL TO: Community Views Green Bay Press-Gazette P.O. Box 23430 Green Bay, WI 54305-3430 FAX: (920) 431-8379 EMAIL: forum@greenbaypressgazette.com

r

President & Publisher

editor

Assistant managing editor

TONY WALTER Opinion page editor

JOE HELLER Editorial cartoonist

» The "Our View" editorials reflect the opinion of the Green Bay Press-Gazette. All other items— cartoons, columns by syndicated and local writers and Community Views letters — reflect the author's opinion.

OUR MISSION

The Press-Gazette strives, as it has since 1915, to be the primary provider of information in Northeastern Wisconsin, keeping the welfare and development of the Greater Green Bay area at heart. It is our responsibility to provide a forum for free and open expression of diverse opinions while maintaining the public trust necessary to serve our readers, advertisers, employees and stockholders.

THE FIRST AMENDMENT Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


would favor The givingReporter, the emFond peror power to set government policy,Fond while 43 duperLac, WI cent oppose such an expansion of imperial power. About a third are neutral.

du Lac: September 9, 2011 -Page 5a

Should press pay to stream high school games? When the nation's Founders protected press freedom, they had never heard of public high school football games. If they had, they probably would have understood the desire of a free press to cover them. But the press has run into a little trouble with that of late. As school officials facing everrising costs search for new ways to finance their teams, amid a digitalage drive to "own" every possible image or activity, we are seeing a conflict between freedoms ratified in 1791 and today's realities. Recently a federal appeals court ruled in a lawsuit brought by Gannett Wisconsin Media that the Wisconsin Interscholastic Athletic Association can sign exclusive contracts for live streaming of its state tournament series games, and that local newspapers do not have a free-press right to do the same without paying fees. If the decision stands, it does not bode well for news outlets unwilling to enter into costly bidding battles for rights to show local or state public high school competitions and may well affect other areas in which "private" entities like the

INSIDE THE FIRST AMENDMENT state association are declared owners of what formerly, if not legally, were distinctly public events. The 7th U.S. Circuit Court of Appeals' reasoning was that news media still may report on the competitions in ways other than live streaming through written accounts, interviews, photos and analysis. The decision cited a 1977 Gene Supreme Court dePolicinski cision involving a "human cannonball" who, the justices said, had a right to control video coverage of his act. The Court noted that journalists could report on the performance in other ways. Supporters of the 7th Circuit's position in the Wisconsin case argue that college and professional teams long have licensed broadcasts of their sporting events, providing a major source of the income it takes to operate teams. Public high school sports are no different, they say. Pro teams are private operations, but many still play in stadiums built with public money. State-

that has a rich history in this nation. It also has the advantage of being a distinction that stands regardless of advances in the technology that brings the sights and sounds of an event to an audience. Some may be inclined to dismiss the Wisconsin association ruling as "just sports." But in a world where new TV entities such as the MLB and NFL channels bring exclusive, essentially promotional (non-journalistic) media offerings to TV each night, is it really a far stretch to envision cash-strapped states creating their own "networks" to control and market accounts of state championships? Or to imagine a single broadcast entity licensed to live-stream a political party convention, leaving other journalists to less-effective methods of reporting the story? Let's hope we don't see the day when 'Play ball!" at the public high school level — or political party event — is followed by "Please insert your credit card to see the rest of the broadcast."

funded universities are even more public than the pros. Nonetheless, any battle over rights fees today runs up against decades of licensing as an accepted practice. But with public high schools, we still have a chance to get it right: to let the public see their sons and daughters in their games in their stadiums and gyms, across a range of news media. A free-press right to show live sports still leaves room for copyright law to apply in other areas, such as allowing an artist the rights to own and sell his or her performance. Earlier court decisions in this area have distinguished "serendipitous" sports games where the action and outcome is not predetermined from crafted events that are the invention of an artist, ranging from stage plays and movies to live-butscripted activities such as professional wrestling on TV. Such a distinction recognizes and preserves the creative and marketGene Policinski is vice president ing value of an artwork while leav- and executive director of the First ing unrestrained the news cover- Amendment Center, Washington, age of live games — news coverage D.C.,

power to persuade: the power to persuade Congress that they will pay a price if they don't act, the power to persuade the media that he is doing everything that can be done, and ultimately, the power to persuade the public not only to stand behind him, but to show their confidence by spending money and buying houses and, most importantly, creating jobs. This president showed an uncanny ability to persuade during his run for the presidency. He persuaded the country to trust an African-American first-term senator over candidates who, on paper, had far more experience than he did. As president, he seems to have lost that power, that touch. Too many people, including those who supported him, see him as arrogant and aloof. Too many believe he has lost his way, succumbed to Washington, forgotten his message. Millions responded to candidate Obama, and his "Yes, we can" theme. Now it's time for him to prove that, yes, he can.

Susan Estrich is a Creators Syndicate columnist.


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Stevens Point and the vil- doesn't deserve to get lage of Whiting have been Stevens Point Journal: stuck with theSeptember bill for this forced to deal with recently. thing, and if the pond is Point, To look at Stevens this waterway everWI to be refilled and kept almost 40 years later, my healthy, boat and motor old childhood recreation- limits should be mandated

a well-designed dam, and

9, 2011 -Page while you're at it, 6a dig out

the pond while all these funds are being applied for, and hand the bill to those who own a piece of

and dam managed. Best wishes to all my old neighbors, sorry if I stepped on some toes. Tom Koziol Eau Claire

Still chance to get it right with games

W

hen the nation's founders protected press freedom, they never had heard of public high school football games. If they had, they probably would have understood the desire of a free press to cover them. But the press has run into a little trouble with that of late. As school officials facing ever-rising costs search for new ways to finance their teams, amid a digitalage drive to "own" every possible image or activity, we are seeing a conflict between freedoms ratified in 1791 and today's realities. Recently a federal appeals court ruled that the Wisconsin Interscholastic Athletic Association may sign exclusive contracts for live streaming of its games, and that local newspapers do not have a free-press right to do the same without paying fees. If the decision stands, it does not bode well for news outlets unwilling to enter into costly bidding battles for rights to show local or state public high school competitions — and might well affect other areas in which "private" entities like the state

association are declared owners of what formerly, if not legally, were distinctly public GENE events. POLICINSKI The 7th U.S. Circuit Court of Appeals' reasoning was that news media still can report on the competitions in ways other than live streaming — through written accounts, interviews, photos and analysis. The decision cited a 1977 Supreme Court decision involving a "human cannonball" who, the justices said, had a right to control video coverage of his act. The Court noted that journalists could report on the performance in other ways. Supporters of the 7th Circuit's position in the Wisconsin case argue that college and professional teams long have licensed broadcasts of their sporting events, providing a major source of the income it takes to operate teams. Public high school sports are no different, they say. Pro teams are private operations, but many still play in stadiums built with

HOW TO CONTACT FEDERAL OFFICIALS President Barack Obama: 1600 Pennsylvania Ave., Washington DC 20500 U.S. Sen. Ron Johnson: 506 Hart Senate Office Building, Washington DC 20510-4904, 202-224-5323 U.S. Sen. Herbert Kohl: 330 Hart Senate Office Building,

public money. State-funded universities are even more public than the pros. Nonetheless, any battle over rights fees today runs up against decades of licensing as an accepted practice. But with public high schools, we still have a chance to get it right: to let the public see their sons and daughters in their games in their stadiums and gyms, across a range of news media. A free-press right to show live sports still leaves room for copyright law to apply in other areas, such as allowing an artist the rights to own and sell his or her performance. Earlier court decisions in this area have distinguished "serendipitous" sports games — where the action and outcome is not predetermined — from crafted events that are the invention of an artist, ranging from stage plays and movies to live-butscripted activities such as professional wrestling on TV. Such a distinction recognizes and preserves the creative and marketing value of an artwork while leaving unrestrained the news coverage of live games — news coverage that has a rich history

in this nation. It also has the advantage of being a distinction that stands regardless of advances in the technology that brings the sights and sounds of an event to an audience. Some might be inclined to dismiss the Wisconsin association ruling as "just sports." But in a world where new TV entities such as the MLB and NFL channels bring exclusive, essentially promotional (non-journalistic) media offerings to TV each night, is it really a far stretch to see cash-strapped states creating their own "networks" to control and market accounts of state championships? Or to envision a single broadcast entity licensed to live-stream a political party convention, leaving other journalists to less-effective methods of reporting the story? Let's hope we don't see the day when "Play ball!" at the public high school level — or political party event — is followed by "Please insert your credit card to see the rest of the broadcast." Gene Policinski is vice president and executive director of the First Amendment Center, 555 Pennsylvania Ave., Washington, DC 20001. Email: gpolicinski@fac.org .

Washington DC 20510-4903, 202-224-5653 U.S. Rep. Sean Duffy: 2314 Rayburn House Office Building, Washington DC 20515-4907, 202-225-3365 U.S. Rep. Ron Kind: 1713 Longworth House Office Building, Washington DC 20515-4906, 202-225-5506 U.S. Rep Tom Petri: 2462 Rayburn House Office Building, Washington DC 20515-4906, 202-225-2476.


Tomahawk. 414-343-7850, www. harley-davidson.com/experience.

$6 daily. 715-352-2978, www.

$6 daily. 715-352-2978, www.

. edgarsteamshow.com Wausau Dailyedgarsteamshow.com Herald: August 25, 2011 -Page 5a . Gymkhanas (speed shows), Fall Thunder, 9 a.m., Gleason Kwahamot Ski Wausau, Show, 7:30 p.m., WI 7 p.m., Lincoln County FairCommunity Club Grounds, off

Kwahamot Bay, Deer Park Road, Tomahawk. Donation. Live Lunch Series, noon and

grounds, 2001 Second St., Merrill. 715-536-5212, www. merrillriders.webs.com .

Highway 17, Gleason. swap meet and flea market at 9 a.m., grass drags at 11 a.m, ATV and Mini

a.m. Parade of power at 1 p.m. Flea market from 8 a.m. to 5 p.m. daily. Breakfast at 6:30 a.m. in the pancake house. $6 daily. 715-352-2978, www.edgar steamshow.com .

298-2782, www.malarkeyspub.

IWA Snowmobile Watercross

Open Hands Community Soup

Open mic, 9 p.m., Malarkey's Pub, 408 Third St., Wausau. 715-

Tomahawk. 715-453-3909.

More calendar items are online in the "Things to do" box at www.wausaudaily herald.com .

COM.

Other stuff

NEWS

WIAA wins appeal over livestreaming sports events Gannett Wisconsin Media

CHICAGO -The Wisconsin Interscholastic Athletic Association is constitutionally entitled to sign exclusive contracts for Internet streaming of high school sporting events, a federal appeals court ruled Wednesday. The decision has national implications for media organizations that hoped to produce online broadcasts of sporting events free from restrictions by state athletic associations. It stems from a lawsuit against the Appleton PostCrescent; its parent company Gannett Co. Inc.; and the Wisconsin Newspaper Association. "We conclude that WIAA's

exclusive broadcasting agreements for Internet streaming are consistent with the First Amendment," a three-judge panel of the 7th Circuit Court of Appeals decided in a 33-page ruling. Robert Dreps, the Madison attorney who represents Gannett and the Wisconsin Newspaper Association, said the ruling mistakenly compared taxpayer-funded high school sporting events to private entertainment acts and professional sports. "The long-term commercialization of high school sports will continue and probably increase," Dreps said. The appeals court said the news organizations failed to support their claims that

they are constitutionally entitled to stream the sports events. "Gannett's theory that coverage and broadcast are identical is ... analytically flawed," the ruling says. "Simply put, streaming or broadcasting an event is not the same thing as reporting on or describing it." The dispute centered only on postseason play because those tournaments are organized and run by the WIAA, which both sides agree is bound by the same rules that apply to government agencies. Media organizations, including The Post-Crescent and the Green Bay Press-Gazette, continue to livestream regular season sporting events. The judges supported

the WIAA's right to charge a fee to broadcasters who stream contests and said the fee is not a special tax on the press. The judges also ruled that the WIAA does not prohibit media from reporting on events, nor does it charge outrageous fees. The WIAA sued in federal court in 2008 after The PostCrescent, without asking permission, broadcast online several high school football playoff games, including one between Appleton North

and Stevens Point. Last year, Western District Judge William Conley backed the WIAA. In a 51-page ruling, Conley said the WIAA's exclusive contract with a Madison-area Internet streaming company does not violate the constitutional rights of the news outlets. "Ultimately, this is a case about commerce, not the right to a free press," he wrote. The Post-Crescent, Gannett and the Wisconsin Newspaper Association

named CEO. In a letter addressed SAN FRANCISCO — Steve to Apple's board and the Jobs, the mind behind the "Apple community," Jobs iPhone, iPad and other said he "always said if devices that turned Apple there ever came a day Inc. into one of the world's most powerful companies, resigned as CEO on Wednesday, saying he can no longer handle the job but will continue to play a role in leading the company. The move appears to be the result of an unspeciBack by popular demand! fied medical condition SATURDAY FEATUR for which he took an Seroce starts at 5pm indefinite leave from his Shrimp Etouffee post in January. Apple's Cajun Rice, Tiger Shrimp, chief operating offiFresh Vegetables cer, Tim Cook, has been Complete dinner - $20

when I could no longer meet my duties and expectations as Apple's CEO, I would be the first to let you know. Unfortunately, that day has come."

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have the options of asking the full panel of 16 appeals court judges to hear the case, or petitioning the U.S. Supreme Court to take it. Dreps said Wednesday that he had been in consultation with executives from the news organization, but no decisions have been made. WIAA spokesman Todd Clark was out of the organization's Stevens Point office Wednesday to attend meetings and unavailable for comment.

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Court: No right to stream live games MILWAUKEE (AP) - A federal appeals court in Chicago has upheld the Wisconsin Interscholastic Athletic Association's right to limit who streams its games live on the Internet. The decision on Wednesday, Aug. 23, could have First Amendment implications nationwide for media organizations that want to produce online broadcasts of sporting events. The ruling came in a lawsuit between the WIAA and The Post-Crescent newspaper of Appleton and its parent company, Gannett Co.; and the Wisconsin Newspaper Association. The sports association sued after the newspaper streamed live coverage of four high school football playoff games in 2008. Gannett said the First Amendment gave it the right to broadcast the games. The court ruled news outlets can report about games, but can't appropriate broadcast rights under the guise of free speech. At least a dozen associations have similar exclusive streaming deals, which brings in money to keep state championship tournaments going. However, newspapers worry the ruling could lead to more reporting restrictions.

Lambeau to get more seating GREEN BAY (AP) - There's good news for the 81,000 fans on the waiting list for Green Bay Packers season tickets. The team plans to add about 6,600 new seats at Lambeau Field and fund the $130 million project itself. The seats will be ready for the 2013 season and be in four levels in the south end zone. The project will also include construction of a rooftop viewing terrace that club seat holders can use. Current season ticket holders will get the first access to the new seats with a chance to trade their existing seats.


d by versations with the carrier," said Hammond, chairThe Sheboygan Press: August 25, 2011 -Page 1a ill be man of the city's Finance Sheboygan: nsur- Committee. "We're in a pool WI ment See Payne/A2 surer

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Court: WIAA can set fees to livestream Newspapers had challenged group's deals Gannett Wisconsin Media

CHICAGO — The Wisconsin Interscholastic Athletic

Association is constitutionally entitled to sign exclusive contracts for Internet streaming of high school sporting events, a federal appeals court affirmed Wednesday. The decision has national implications for media organizations that hoped FIND IT to produce ONLINE online » To read the broadcasts 7th Circuit of sporting Court of Apevents free peals decision, from re- click on this strictions report on ' by state www. athletic as- sheboygan sociations. press.com It stems from a lawsuit against The Post-Crescent of Appleton, its parent company Gannett Co. Inc. —which also owns The Sheboygan Press — and the Wisconsin Newspaper Association. "We conclude that WIAA's exclusive broadcasting agreements for Internet streaming are consistent with the First Amendment," a ' threejudge panel of the 7th Circuit Court of Appeals decided in a 33-page ruling. Robert Dreps, the Madison attorney who represents The P-C, Gannett and the Wisconsin Newspaper Association, said the ruling mistakenly compared taxpayer-funded high school sporting events to private entertainment acts and professional sports. "The long-term commercialization of high school sports will continue and probably increase," Dreps said. The appeals court said the news organizations See WIAA/A2

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basis, however, for racism Payne said Ryan became minated. The Sheboygan Press: August 25, claims 2011 by -Page 2awho is Payne's complaint — and Payne, "extremely distant" after September 2009 letter to black. the incident,Sheboygan: refusing to aWI . Continued From -Page 1a call her by name or speak the city — also alleged — Reach Eric Litke at 920to her directly, and rolling Ryan made inappropriate 453-5119. sexual or physical appear-

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failed to support their First Amendment claims that streaming the sports events is constitutionally protected. "Gannett's theory that coverage and broadcast are identical is ... analytically flawed," the ruling says. "Simply put, streaming or broadcasting an event is not the same thing as reporting on or describing it." The dispute centered only on postseason play because those tournaments are organized and run by the WIAA, which both sides agree is bound by the same rules that apply to government agencies. Media or-

WIAA postseason sporting events without paying fees, and can be prevented from livestreaming events that are part of the WIAA's exclusive postseason coverage deal. The Sheboygan Press and other Gannett Wisconsin Media news organizations, however, continue to provide livestream coverage of regular season events.

ganizations, including The Post-Crescent and the Green Bay Press-Gazette, continue to livestream regular season sporting events. The judges also supported the WIAA's right to

charge a fee to broadcasters who stream contests and said the fee is not a special tax on the press. The judges also ruled that the WIAA does not prohibit media from reporting on events, nor does it charge outrageous fees. The WIAA sued in federal court in 2008 after The Post-Crescent, without asking permission, broadcast online several high school football playoff games. Last year, Western District Judge William Conley backed the WIAA. In a 51page ruling, Conley said the ,WIAA's exclusive contract with a Madison-area Internet streaming company does not violate the constitutional rights of the news outlets. "Ultimately, this is

By The Associated Press

Pick 3 8-4-9 Pick 4 2-2-5-8 Other numbers were drawn after press time and will be printed in Friday's paper.

a case about commerce, not the right to a free press," he wrote. The Post-Crescent, Gannett and the Wisconsin Newspaper Association have the options of asking the full panel of 16 appeals court judges to hear the case, or to petition the U.S. Supreme Court to take it. Dreps said he has been in consultation with executives from the news organization, but no decisions have been made. WIAA spokesman Todd Clark was out of the organization's Stevens Point office Wednesday to attend meetings and unavailable for comment.

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Sheboygan's unemployment rate dipped to 9.6 percent in July, down from 10.2 percent in June, according to figures released Wednesday from the Wisconsin Department of Workforce Development.

Sheboygan's July unemployment rate — which is not seasonally adjusted — also marked an improvement from a year ago, when the jobless rate stood at 10.8 percent. The city's unemployment rate was 11th highest

among the state's 31 largest municipalities. Meanwhile, countywide unemployment also dropped, falling to 7.4 percent in July, versus 8 percent in June. On a seasonally adjusted basis, Sheboygan County

added 200 jobs between June 'and July, and 1,200 compared to July 2010. Statewide, the unemployment rate was 7.8 percent in July. The nation's jobless rate was 9.1 percent.

Appeals court won't close Chicago locks due to Asian carp

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Associated Press

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rejected a request by five Great Lakes states for an immediate order to close shipping locks on Chicagoarea waterways and take other steps to prevent Asian carp from invading Lake Michigan. The three-judge panel of the 7th U.S. Circuit Court of Appeals ruled Wednesday against the request by

Michigan, Minnesota, Ohio, Pennsylvania and Wisconsin. Federal District Judge Robert Dow in Chicago did likewise last December. The states have a pending lawsuit that calls for closing the locks and quickening an Army Corps of Engineers study of whether to permanently sever the man-made link between the Great Lakes and Mississippi River basins. Significantly, however,

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the three-judge panel disagreed with Dow's conclusion that the states appeared to have little chance of succeeding in their lawsuit. Dow had acknowledged a carp invasion could harm the Great Lakes but said the states hadn't shown it was likely or imminent. In their opinion, Judges Daniel Manion, Diane Wood and Ann Claire Williams said they were "less san-

guine about the prospects of keeping the carp at bay." "In our view, the plaintiffs presented enough evidence at this preli,ninary stage of the case to establish a good or perhaps even a substantial likelihood of harm— that is, a non-trivial chance that the carp will invade Lake Michigan in numbers great enough to constitute a public nuisance," the judges said.

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General Manager/Executive Editor Mike Knuth, 453-5128

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News Contacts If you have a news tip, use the following list of contacts and extensions: Cky Bob Petrie, 453-5129 Sports. Pete Barth, 453- 5156 Opinion Joe Gulig, 453-5191 Photo Bruce Halmo, 453-5149 Features. Bob Farina, 453-5190 Obituaries. 453-5185

Advertising Contacts To reach an advertising representative about a display ad, call 453-5155.

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can 1-888-774-7744. All advertising published in The Sheboygan Press is subject to the current applicable rate card, copies of which are available from the advertising department. The Sheboygan Press may, in its sole discretion, edit, classify, reject or cancel at any time any advertising submitted by an advertiser. The Sheboygan Press is published daily and Sunday. Periodicals postage paid at Sheboygan WI 53081.

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Volume 105/Number 252 A Gannett Newspaper

NE •


The Review, Plymouth: September 1, 2011 -Page 5a Plymouth, WI PAGE 5 - THE REVIEW - Thursday, September 1, 2011 - www.plymouth-review.com

WIAA broadcast ruling applauded by Todd Richmond Associated Press High school athletic associations nationwide say a federal appeals court ruling upholding Wisconsin's right to sell exclusive rights to live-stream games online preserves a lucrative new revenue stream, while newspaper groups fear the ruling could lead to more restrictions on covering games that entire communities follow. The dispute centers around the Wisconsin Interscholastic Athletic Association's exclusive contract with American-HiFi to live stream state tournament games. The WIAA sued in 2008 after the Appleton Post-Crescent newspaper streamed four high school football playoff games on its own. A federal judge sided with the WIAA last year. On Wednesday, the 7th Circuit Court of Appeals backed him up, saying the First Amendment doesn't guarantee media outlets free broadcasting rights. "It could potentially cause problems down the road," said Paula Casey, executive director of the

Arizona Newspaper Association. "(I) could see them infringe on what newspapers can do, if they think they can stand up in court. It could make things very tough for newspapers." High school associations like the WIAA generally oversee extracurricular sports in their state schools, coordinating schedules and tournaments and sanctioning state champions. The squabble in Wisconsin underscores the sometimes uneasy relationship between the media and the athletic associations over who owns and distributes game accounts, particularly visual images. Tensions have only grown during an Internet age that demands immediate reporting and Web posting. On one side are newspapers whose readers depend on them for accounts of their favorite teams as they compete for championships. On the other are athletic associations trying to maximize revenue to cover rising costs that include renting facilities, paying staff and hiring security for state tournaments for everything from foot-

ball to swimming. The Arizona Interscholastic Association, for example, spent about $2.5 million to hold state tournaments during the year that ended in July 2011. At least a dozen associations around the country have set up exclusive web streaming, and it's growing in popularity. The Arizona Interscholastic Association, for example, generated $150,000 over the first four months of exclusive streaming in 2009 and reported 1.6 million streams in December of that year alone, according to court documents. The associations hailed the decision as an affirmation of their business practices, likening live streaming to television contracts. They say exclusivity allows them to pay for tournaments for less popular sports, reduces the number of cameras on the field or court, protecting players and officials. And they insist reporters and photographers can continue to cover the games in a traditional sense - just not broadcast them

See WIAA/13

You See It As NATO

LETTERS from 4 through the carotid artery or the jugular vein will render the victim unconscious in about 10 seconds. Often, victims don't realize they were unconscious and due to involuntary urination or defecation_ that can occur,, are too embarrassed to report this crime happened to them.

Although, loss of consciousness and/or visible signs, such as bruising, may not occur, medical treatment should always take place after an individual has been strangled. Symptoms to be watchful of are: • Mild hoarseness • Loss of voice • Difficult or painful swallowing • Difficult or raspy breathing • Mental status changes such as restlessness or combativeness or psychosis or amnesia • Redness of neck (even if fleeting) • Bruises - may look like tiny red spots (petechiae) which are ruptured capillaries - often seen on face, neck, eyes and mouth • Swelling Strangulation and suffocation are very serious crimes. If you are in a situation that has risen to this level, please call Safe Harbor - we offer 24/7 support and information. Katy Pruitt, director of Services /Safe Harbor, member of Sheboygan County SART

To the Editor: I think it is time for people to prepare for surviving on their own. Russia, Argentina, Iceland and many others have seen their countries collapse and their money turn worthless, and it appears the overextended, corrupt and bankrupt U.S. is next. As the world's only superpower since 1990, Americans could have urged our government to heal and shape the rest of the world instead of grabbing wealth for ourselves and unilaterally bombing the rest, while thumbing our nose at the United Nations, which was purposely designed to lack strength. But now we are left with the mess of what unregulated capitalism has done to us. We are left with a sickened planet that is warming, as sea levels rise. The refuse of our wars has polluted foreign countries, and babies there are born deformed. Millions are jailed for drug use and 30,000 kids die a day overseas, while Americans have two cars, three TVs, air conditioning, and too much food. I suppose we could still urge our representatives to support and strengthen the weak United Nations, which might be the only thing that could save us. It would give you a conscience reliever when your grandkids someday ask what you did. Debbie Metke Milwaukee

False start To the Editor: I am not sure who is in charge of starting school the same day as the fair, but I have yet to run into any one who thinks this is a good idea. The very last thing the kids need right now is school. They have projects, animals, food, etc. etc. to get to the fair and want to take in the tastes, sounds, fun, etc. I am sure some adult is responsible for the calendar and could surely plan better. The fair is always Labor Day weekend, so can you try better next year? This is absurd and shouldn't be happening. Why do you need a week off for spring break and another week off for Easter? Ideally, my thoughts are that summer should be between Memorial Day weekend and Labor Day. No school. We got off for Good Friday when I was a kid and we were expected to go to church services. Easter Monday found us back in school with hardly a chance to eat any Easter candy. If it was good enough for us, it should be good enough for kids today. We never started before the day after Labor Day nor did my children.

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Published Tuesdays and Thursdays by WISCONSIN NEWSPRESS, INC. Vol. 146 • No. 70 Thursday, September 1, 2010 • 754 Phone: The Review 920.893.6411 or 877.467.6591 FAX: 920.893.5505 The Sheboygan Falls News: 877.467.6591

Subscription rates by mail for two issues weekly (Tuesday and Thursday unless prevented by holidays): S39 a year in Sheboygan County, or S48 in combination with The Sheboygan Falls News; 558 and $71 a year elsewhere in the United States, respectively; $40 a year to servicemen in the U.S. or with APO and FPO addresses, or $48 combination; S40 for a student subscription, or $4.8 combination. Single copies: 75 cents.

This newspaper is printed on recycled paper

connEcrion

Joe Leibham • 9th Senatorial District

Fairs provide good chance to meet public After spending a good amount of time at the Manitowoc County Fair over the past six days, I look forward to visiting with many more constituents at the Sheboygan and Calumet county fairs over the next couple of days. While I plan to be at the Sheboygan County Fair on each day, I will specifically be at the Republican Party booth (located just outside the grandstand) from 4-7 p.m. Thursday, Friday, Saturday and Sunday. I will be available at the Republican booth (located in the Expo Hall) at the Calumet County Fair on Friday from 2 p.m. until 3 p.m. and Sunday morning from 11 a.m.-1 p.m. Please stop by to share your input, ask your questions or just say "Hi." Of course, I'll have Packer/Badger recipe cards available and I look forward to visiting with you! New leadership responsibilities in the areas of job creation and veterans affairs: I am pleased to announce that I

have been asked by my legislative colleagues to serve as chairman of the Senate Committee on Economic Development and Veterans Affairs. The appointment will become effective immediately. I am excited to continue the great progress made by the Economic Development Committee, the Legislature as a whole and the Walker administration in creating a better climate in Wisconsin for private sector job growth and

economic development. Our state is fortunate to have a talented and loyal workforce as well as business leaders who are dedicated to growing and investing in Wisconsin. The committee will work on a bipartisan basis to ensure that our state government is a positive partner to those working and doing business in our state. I am humbled to provide leadership on efforts to support our active-duty military, our veterans and their families. The Veterans Affairs Committee will work with Secretary John Scocos and the statewide community of veterans to ensure that Wisconsin maintains a positive portfolio of programs and services that demonstrates our appreciation and respect for our fellow citizens who selflessly serve our state and nation through military service. In addition to these new responsibilities, I will continue to serve on the following committees and commissions: • Member, Joint Committee on Finance (JFC) • Member, Joint Committee for the Review of Administrative Rules (JCRAR) • Member, Senate Committee on Transportation and Elections • Member, Transportation Projects Commission • Member, Highway Safety Commission • Member, Joint Legislative Council • President pro tempore of Senate

Some skeptical of Thompson POMMER from 4 ance for American citizens. The critics contend those comments helped President Barack Obama's health reform. Ryan's chances for vice president also are tied to health care. Will the GOP presidential nominee want to make health issues and entitlements a top issue? That decision could make Ryan a possible choice. But odd things can happen in politics. In 1920, U.S. Sen. Irvine Lenroot of Wisconsin, a Superior

native, was expected by many to be Warren Harding's running mate on the national GOP ticket. But the restless GOP convention (Harding did not want to decide the issue) selected Massachusetts Gov. Calvin Coolidge for the second spot on the ticket. Coolidge would become president three years later when Harding died in office. That story lingers in the minds of all those flattered by media suggestions they could become vice president.

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The Review, 113 E. Mill St., Plymouth, WI 53073 USPS 463-580 e-mail: reply@plymouth-review.com Web address: httpJ/www.plymouth-review. com Periodicals postage paid at Plymouth, WI Established in 1195 • Locally Owned

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Miske, Eleanor Steuerwald, Audrey ParChirie Neils rish, Julie Ceilley, Jim Bambanek, Victor Advertising Production Schill, Janet Seilor, Gary Wieseckel, Ruth Assistant: Kathleen Roehrig Boeldt Louis Boeldt Audrey Widstrand, Advertising Design Specialists: Jon Olson, Ann Dueno-Spin- William Buelter, Dawn Bartz, Kendra Dvorak dler, Jeremy Huenink • With regional correspondents Classified Advertising: Mary Blanke, and regular contributors • Marge Petts, Nancy Prucha, Bernice Dave Cary, Bernadette Mondloch, Matt Justinger Pommer, Ray Mueller, Veda Reich', Steven Accounting/Circulation/Debbie Ottman, Jill Mardis, Donna Hoffman Mueller Press Operators: Mike Cooney, David Knuth Production Staff: Lynn Marquardt, Jerry Pulaski, Twinette Richley, Jessica Member of Wisconsin Newspaper Association, National Newspaper Association • Desi9nated a National Blue Ribbon Newspaper by National Editorial Foundation • Official publication for printing legal notices for Sheboygan County, City of Plymouth, towns of Plymouth, Greenbush, Herman, Mosel, Rhine, Lima, Mitchell and Lyndon, Plymouth School District, Elkhart Lake/Glenbeulah School District, Howards Grove School District, and villages of Elkhart Lake, Cascade, Glenbeulah, Waldo, and Howards Grove.

Publishers: Barry S. and Christie Johanson Former Associate Publishers: Robert S. (D. 6/18/92) and Margaret W. Johanson (D. 9/11/07) Associate Publisher: Ian Johanson News Editor: Emmitt B. Feldner Sports Editor: Greg Ceilley News Staff: Jeff Pederson Text Editor: Pat Pibal, Genevieve Beenen Advertising Consultants: Kay Preissner, Mandy Berres Advertising Production Manager:


The Review, Plymouth: September 1, 2011 -Page 13a Plymouth: WI . Continued From -Page 5a PAGE 13

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THE REVIEW

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Thursday, September 1, 2011- www.plymouth-review.com

Newspapers wary of WIAA controls WIAA from 5 from start to finish for free. "It's important that (the associations are) able to continue to craft their own deals for the best coverage," said Bruce Howard, a spokesman for the National Federation of State High School Associations. "(The ruling) allows not only Wisconsin but other states to do what they've been doing." But newspapers fear the ruling could embolden the associations to cut off more journalists' access. For example, they may decide to prohibit newspaper photographers from selling pictures of the game to parents or others and use their own official photographers, which is already a touchy issue, said Stephen Key, executive director and general counsel for the Hoosier State Press Association in Indiana. "We may see another outbreak

of infighting between newspapers and associations on that issue," he said. "Selling photos is a revenue stream. We're talking hundreds of dollars, not thousands of dollars, covering all the games. But for the newspapers it is more about control over the content they create." The associations said things won't come to that. Todd Clark, a spokesman for the Wisconsin association, said the idea is to generate as much exposure for student athletes as possible. The federal ruling applies only to live streaming, not other mediums, he said. "At some point there's common sense involved in all of this," he said. The decision itself reads that "... the media are free under the (WIAA's) policy to talk and write about the events to their hearts' content. What they cannot do is to

Hospice seeks special volunteers The Sharon S. Richardson Community Hospice has opportunities for volunteers to support two upcoming events. Volunteers are needed to move picnic tables and assemble and disassemble folding tables for setup at noon; and tear-down at 8:30 p.m. (six individuals for two hours either early or late shifts) for the "Taste Sheboygan" event Thursday, Sept. 15, in the Harbor Centre BID in downtown Sheboygan. The second volunteer opportunity involves assisting to assemble and paint a Nativity scene for the Holiday Memories Light Show. If your talents include woodworking and painting and you have 30 hours available in October and early November, call today. Volunteers must be 18 years of

Public Notice

September 1, 8, 15, 22, 29 & October 6, 2011 STATE OF WISCONSIN CIRCUIT COURT SHEBOYGAN COUNTY Case Number: I I CV 146

SPECIALIZED LOAN SERVICING, LLC AS SERVICER FOR ARCH BAY HOLDINGS, LLC - SERIES 2010C Plaintiff. vs IRVIN G. HANSEN, et al.

Defendant(s) NOTICE OF SHERIFF'S SALE PLEASE TAKE NOTICE that by virtue of a judgment of foreclosure entered on May 10, 2011, in the amount of 5167,103.02 the Sheriff will sell the described premises at public auction as follows: 111111E1 October 18, 2011 at 10:00 AM TERMS. I. 10% down in cash or money order at the time of sale; balance due within 10 days of confirmation of sale; failure to pay balance due will result in forfeit of deposit to plaintiff. 2. Sold "as is" and subject to all legal liens and encumbrances. PLACF4 in the Administrative Building located at 508 New York Avenue, Sheboygan, Wisconsin DESCRIPTION• Lots 4 and 9, Block 49, in the Original Plat of the City of Sheboygan Falls, Sheboygan County. Wisconsin. PROPERTY ADDRESS. 418 Madison Street, Sheboygan Falls, WI 53085 TAX KEY NO.• 59282-903250 & 59282903200 Dated this 24th day of August. 2011 Russell J Karnes State Bar # 1054982 Blommer Peterman, S.C. 165 Bishops Way Brookfield, WI 53005 262-790-5719 is/1°dd Priebe Sheriff of Sheboygan County Please go to www.blommerpeterman. com to obtain the bid for this sale. Blommer Peterman, S.C. is the creditor's attomey and is attempting to collect a debt on its behalf. Any information obtained will be used for the purpose.

WNAXLP

age, and physically strong enough to handle the demands Please respond by Sept. 9. Cal I Linda Cates at (920) 467-1800 or stop by the Hospice Center for a Volunteer Application.

Public Notice

August 18, 25, Sept. 1, 8 & 15, 2011 STATE OF WISCONSIN CIRCUIT COURT SHEBOYGAN COUNTY Case Number: 10 CV 859

appropriate the entertainment product that WIAA has created without paying for it.... nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances." Donald Downs, a professor of political science, law and journalism at the University of Wisconsin-Madison, said that essentially means the media can report on games but cannot broadcast or stream them from beginning to end. "As long as this opinion is applied in a conscientious way, it seems like the damage would be limited. It's only the streaming," Downs said. "(But) I wouldn't want this case to bleed any further. The newspapers are right to be concerned about it. They don't want the line to be blurred any further." -AP

Public Notice

August 25, September 1, 8, 15 & 22, 2011 STATE OF WISCONSIN CIRCUIT COURT SHEBOYGAN COUNTY Case Number 09 CV 1179

BAC HOME LOANS SERVICING, L.P. Plaintiff, vs CHRISTOPHER L. BUTZ, et al. Defendant(s) AMENDED

NOTICE OF SHERIFF'S SALE

PLEASE TAKE NOTICE that by virtue of a judgment of foreclosure entered on September 24, 2010, in the amount of 5256.653.75 the Sheriff will sell the BAC HOME LOANS SERVICING, descnbed premises at public auction as L.P. AS SERVICER follows: FOR THE BANK OF NEW YORK TIME; October 4. 2011 at 10:00 AM MELLON FKA THE BANK OF TERMS• I. 10% down in cash or money NEW YORK, AS TRUSTEE, order at the time of sale; balance due within FOR THE CERTIFICATEHOLDERS, 10 days of confirmalion of sale;., failure CBS INC.,-ASSET-BACKED - to pay balance due 'kill result in fOrfeit CERTIFICATES, SERIES 2007-8 of deposit to plaintiff. 2 Sold "as is" and Plaintiff, subject to all legal liens and encumbrances. vs PLACE: in the Administrative Building MARY KAY STEIN, et al. located at 508 New York Avenue, Defendant(s) Sheboygan, Wisconsin AMENDED DFSCRIPTION• UNIT 4 IN CENTRAL NOTICE OF SHERIFF'S SALE PIER CONDOMINIUM, BEING PLEASE TAKE NOTICE that by A CONDOMINIUM CREATED virtue of a judgment of foreclosure entered UNDER THE CONDOMINIUM OWNERSHIP ACT OF THE STATE OF on August 25, 2010, in the amount of WISCONSIN BY A "DECLARATION $117,448.07 the Sheriff will sell the OF CONDOMINIUM FOR CENTRAL described premises at public auction as PIER CONDOMINIUM". DATED follows: THE 11TH DAY OF FEBRUARY. TIME; September 29, 2011 at 10:00 AM 2007 AND RECORDED THE 12TH TERMS- I. 10% down in cash or money DAY OF FEBRUARY, 2007 IN THE order at the time of sale; balance due within OFFICE OF THE REGISTER OF 10 days of confirmation of sale; failure DEEDS FOR SHEBOYGAN COUNTY. to pay balance due will result in forfeit WISCONSIN, AS DOCUMENT NO. of deposit to plaintiff. 2. Sold "as is" and 1819348 AND BY A CONDOMINIUM subject to all legal liens and encumbrances. PLAT THEREFORE; TOGETHER WITH PLACE; in the Administrative Building ALL THE APPURTENANT RIGHTS. located at 508 New York Avenue, TITLE AND INTERESTS. INCLUDING Sheboygan. Wisconsin (WITHOUT LIMITATION): A) THE DESCRIPTION; COMMENCING UNDIVIDED PERCENTAGE INTEREST TWENTY (20) RODS EAST OF IN ALL COMMON ELEMENTS AS THE SOUTHWEST CORNER OF SPECIFIED FOR SUCH UNIT IN THE GOVERNMENT LOT FOUR(4) IN AFOREMENTIONED DECLARATION; SECTION FOUR (4) OF TOWN OF B) THE RIGHT TO USE OF THE THIRTEEN (13) NORTH, RANGE AREAS AND/OR FACILITIES, TWENTY-THREE (23)EAST. RUNNING IF ANY. SPECIFIED IN THE THENCE NORTH ONE HUNDRED AFOREMENTIONED DECLARATION. SEVENTY-FIVE (175), THENCE WEST AS LIMITED COMMON ELEMENTS SEVENTYFIVE (75) FEET. THENCE FOR SUCH UNIT; AND C) MEMBERSHIP IN THE CENTRAL SOUTH ONE HUNDRED SEVENTYPIER CONDOMINIUM OWNER'S FIVE (175) FEET, THENCE EAST ASSOCIATION, INC., (HEREAFTER SEVENTY-FIVE (75) FEET TO THE THE "OWNERS ASSOCIATION"), POINT OF BEGINNING, BEING PART A NON-STOCK CORPORATION. OF GOVERNMENT LOT 4, LOCATED AS PROVIDED FOR IN THE IN THE SOUTHWEST QUARTER AFOREMENTIONED DECLARATION (SWI/4) OF THE SOUTHWEST AND IN ANY ARTICLES OF QUARTER (SWI/4) OF SECTION 4, INCORPORATION AND/OR BYLAWS TOWN 13 NORTH, RANGE 23 EAST. FOR SUCH OWNER'S ASSOCIATION. PROPERTY ADDRFSS• WI262 Stokdyk PROPERTY ADDRESS; 650 South Pier Ingelse Road, Oostburg • WI 53070 Drive Unit 4. Sheboygan . W1 53081 TAX KEY NO.• 59006-071380 TAX KEY NO • 59281323654 Dated this 12th day of August, 2011 Dated this 18th day of August. 2011 Russell J Karnes Christina E Demakopoulos State Bar No. 1054982 State Bar # 1066197 Blommer Peterman, S.C. Blommer Peterman, S.C. 165 Bishops Way 165 Bishops Way Brookfield, WI 53005 Brookfield, WI 53005 262-790-5719 262-790-5719 /s/Todd Priebe /s/Todd Priebe Sheriff of Sheboygan County Sheriff of Sheboygan County Please go to www.blommerpeterman. Please go to www.blommerpeterman. com to obtain the bid for this sale. com to obtain the bid for this sale. Blommer Peterman, S.C. is the Blommer Peterman, S.C. is the creditor's attorney and is attempting to creditor's attorney and is attempting to collect a debt on its behalf. collect a debt on its behalf. Any information obtained will be used Any information obtained will be used for the purpose. for the purpose.

WNAXLP

WNAXLP

COKING LIVESTOCK 5614 Superior Ave., Sheboygan 1-800-636-2697

Public Notice

September 1, 2011 STATE OF WISCONSIN CIRCUIT COURT CIVIL DIVISION WASHINGTON COUNTY SMALL CLAIMS AMENDED SUMMONS CASE NO. 2011SC991

Eric Kleinhenz 207 S. River Blvd #1 Plymouth, WI 53073 Defendant(s). You are being sued by Wisconsin Electric Power Company in small claims court for Washington County. Washington County Courthouse, 432 E. Washington Street, Room 3204, West Bend, WI 53095. A hearing will be held at 1:30 p.m on September 26, 2011 If you do not appear a judgment may be given to the person suing you. (A copy of the claim has been mailed to you at the above address ) Dated this day August 29. 2011. Terrence S. Cerni (SBN: 1013873) Plaintiff's Agent P.O. BOX 1923 - Room A130 Milwaukee, Wisconsin 53201-1923 (414) 221-5050

WNAXLP

Public Notice August 25, September 1 & 8, 2011 STATE OF WISCONSIN CIRCUIT COURT SHEBOYGAN COUNTY Case Code: 30301 Case No. IICV8-410 Fia Card Services, N.A. c/o Messerli & Kramer PA 3033 Campus Drive Suite 250 Plymouth, MN 55441 Plaintiff, vs.

--

PETE SKERIS 830 W 2nd Street Waldo, WI 53093 Defendant(s)

SUMMONS THE STATE OF WISCONSIN To each person named above as a Defendant(s): You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. The Complaint. which is attached, states the nature and basis of the legal action. Within forty (40) days of August 25, 2011, you must respond with a written answer. as that term is used in chapter 802 of the Wisconsin Statutes, to the Complaint. The court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the court. whose address is Sheboygan County Circuit Court, 615 North Sixth Street, Sheboygan. WI 53081 and to Messerli & Kramer PA, Plaintiff's attorney, whose address is 3033 Campus Drive. Ste 250, Plymouth, MN 55441. You may have an attorney help or represent you. If you do not provide a proper answer within forty (40) days. the court may grant judgment against you for the award of money or other legal action requested in the Complaint, and you may lose your right to object to anything that is or may be incorrect in the Complaint. A judgment may he enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the torture. and may also be enforced by garnishment or seizure of property. Dated: June 7, 2011. /s/ Jillian N. Walker State Bar No.: 1066378 Messerli & Kramer RA. Attorneys at Law 3033 Campus Drive, Suite 250 Plymouth, MN 55441 763-548-7900

WNAXLP

City of Plymouth Liquor License Application To Whom It May Concern• I hereby certify that Plymouth Arts Foundation. Inc Donna Hahn, 736 Oak Ridge Drive. Plymouth, WI. Agent. has applied to the City of Plymouth lor a Combination "Class B" Beer and Liquor License for the period ending June 30. 2012 and known as Plymouth Arts Center at 520 E. Mill St. September I. 2011 Patricia Hubertv, Clerk-Treasurer WNAXLP

Public Notice September

1, 8 & 15, 2011 STATE OF WISCONSIN CIRCUIT COURT SHEBOYGAN COUNTY CIVIL DIVISION Case No. I I -CV-670 Case Code. 30201

State Farm Fire and Casualty Company 1 State Farm Plaza Bloomington, II. 61701-4300 Plaintiffs, Nathaniel Waldon 2901 N. 25th St., Apt. #6 Sheboygan, WI 53083 1627A Seaman Ave. Sheboygan, WI 53081, Defendant AMENDED

PUBLICATION SUMMONS THE STATE OF WISCONSIN TO Each person named above as a defendant: YOU ARE HEREBY NOTIFIED that the above named plaintiff has filed a lawsuit or other legal action against you Within forty-five (45) days after September 1, 2011. you must respond with a written demand for a copy of the Complaint. The demand must be sent or delivered to the court, whose address is Sheboygan County Courthouse, 615 N. Sixth St., Sheboygan, WI 53081 and to Deutch & Weiss, LLC., attorneys for plaintiff, whose address is: 7670 North Port Washington Road, Suite 200. Glendale, Wisconsin 53217. You may have an attorney help or represent you If you do not demand a copy of the Complaint within forty five (45) days, the Court may grant judgment against you for the award of money or other legal action requested in the Complaint, and you may lose your right to object to anything that is or may be incorrect in the Complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you now own or may own in the future, and may also be enforced by garnishment or seizure of property. Dated this 24th day of August, 201 I. Deutch & Weiss, LLC Attorneys for Plaintiff, State Farm Fire and Casualty Company Monte E. Weiss State Bar No.: 1003816 Charles W Kramer State Bar No.:1021504

P.O. Address Deutch & Weiss, LLC 7670 N. Port Washington Road Suite 200 Milwaukee, WI 53217 (414) 247-9958 - Telephone (414) 247-9959 - Facsimile

WNAXLP


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properly replaced a juror sues involve matters that the property. Prosecutors during deliberations. TheNorthwestern: the Supreme Court hasn't them of Oshkosh August 25, accused 2011 -Page 3akilling 2nd District Court of Ap- precisely addressed." Halbach on Halloween peals rejectedOshkosh, all three ar-WI Attorney General J.B. after she visited the yard guments. Van Hollen, whose office to take pictures for a car

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motive to kill Halbach and allowing that line of defense would have prolonged the five-week trial even further, the court ruled.

Federal court upholds WIAA rights in lawsuit Allowed to charge for livestream, exclusive deaf Gannett Wisconsin Media

CHICAGO — The Wisconsin Interscholastic Athletic Association is constitutionally entitled to sign exclusive contracts for Internet streaming of high school sporting events, a federal appeals court affirmed Wednesday. The decision has national implications for media organizations that hoped to produce online broadcasts of sporting events free from restrictions by state athletic associations. It stems from a lawsuit

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against The Appleton Post-Crescent, its parent company Gannett Co. Inc., and the Wisconsin Newspaper Association. "We conclude that WIAA's exclusive broadcasting agreements for Internet streaming are consistent with the First Amendment," a threejudge panel of the 7th Circuit Court of Appeals decided in a 33-page ruling. Robert Dreps, the Madison attorney who represents The Post Crescent, Gannett and the Wisconsin Newspaper Association, said the ruling mistakenly compared taxpayer-funded high school sporting events to private entertainment acts and professional sports.

"The long-term commercialization of high school sports will continue and probably increase," Dreps said. The appeals court said the news organizations failed to support their First Amendment claims that streaming the sports events is constitutionally protected. "Gannett's theory that coverage and broadcast are identical is ... analytically flawed," the ruling says. "Simply put, streaming or broadcasting an event is not the same thing as reporting on or describing it." The judges also supported the WIAA's right to

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charge a fee to broadcasters who stream contests and said the fee is not a special tax on the press. The judges also ruled the WIAA does not prohibit media from reporting on events, nor does it charge outrageous fees. The WIAA sued in federal court in 2008 after The Post-Crescent, without asking permission, broadcast online several high school football playoff games, including one between Appleton North and Stevens Point.

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Dear Friends and Neighbors, I would like to extend a huge thank you to all who organized, helped and/or contributed in any way to the Jim Werner Benefit on July 30. 2011 in Waukau. It was amazing to see all the raffles, games, and prizes that were part of the day. The food was delirious and the bake sale items were outstanding. I know that it took a great deal of hard work to make this benefit happen. I would also like to thank all the businesses who so generously contributed a gift of money, gift certificate!, or items toward the benefit. finally, I would like to thank my family and friends for attending this event and supporting me during this difficult time. You made the day special for me.

Jim Werner

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definitely satisfied with her first what it could mean down the road. The Monroe 26,are 2011 1b race. She is a racer. SheTimes: likes toAugust"We still-Page in preseason mode work from Monroe, the back and WI move for- training for the most important ward. She did great today." The wait was well worth it for See CARDINALS, Page B2

Times photo: Anthony Wahl

just pass it around you." Monroe goalkeeper Kyle Williams had eight saves. Stamm said Pewaukee was good at passing the ball and attacking with players running

Brodhead-Juda senior Tate Harnack finished second overall in the boys varsity race during Thursday's season-opening Brodhead Invitational. Harnack was just one second behind champion Johnny Nelis of Evansville.

WIAA

See SOCCER, Page B2

Sport associations applaud federal Internet ruling By Todd Richmond Associated Press

MADISON — High school athletic associations nationwide say a federal appeals court ruling upholding Wisconsin's right to sell exclusive rights to live-stream games online preserves a lucrative new revenue stream, while newspaper groups fear the ruling could lead to more restrictions on covering games that entire communities follow. The dispute centers around the Wisconsin Interscholastic Athletic Association's exclusive contract with American-HiFi to live stream state tournament games. The WIAA sued in 2008 after the Appleton Post-Crescent newspaper streamed four high school football playoff games on its own. A federal judge sided with the WIAA last year. On Wednesday, the 7th Circuit

/

Court of Appeals backed him up, saying the First Amendment doesn't guarantee media outlets free broadcasting rights. "It could potentially cause problems down the road," said Paula Casey, executive director of the Arizona Newspaper Association. "(I) could see them infringe on what newspapers can do, if they think they can stand up in court. It could make things very tough for newspapers." High school associations like the WIAA generally oversee extracurricular sports in their state schools, coordinating schedules and tournaments and sanctioning state champions. The squabble in Wisconsin underscores the sometimes uneasy relationship between the media and the athletic associations over who owns and distributes game accounts, particularly visual images. Tensions have only grown during an

Internet age that demands immediate reporting and Web posting. On one side are newspapers whose readers depend on them for accounts of their favorite teams as they compete for championships. On the other are athletic associations trying to maximize revenue to cover rising costs that include renting facilities, paying staff and hiring security for state tournaments for everything from football to swimming The Arizona Interscholastic Association, for example, spent about $2.5 million to hold state tournaments during the year that ended in July 2011. At least a dozen associations around the country have set up exclusive web streaming, and it's growing in popularity. The Arizona Interscholastic Association, for example, generated $150,000 over the first four months of exclusive streaming in 2009 and reported 1.6 million streams in

December of that year alone, according to court documents. The associations hailed the decision as an affirmation of their business practices, likening live streaming to television contracts. They say exclusivity allows them to pay for tournaments for less popular sports, reduces the number of cameras on the field or court, protecting players and officials. And they insist reporters and photographers can continue to cover the games in a traditional sense — just not broadcast them from start to finish for free. "It's important that (the associations are) able to continue to craft their own deals for the best coverage," said Bruce Howard, a spokesman for the National Federation of High School Associations. "(The ruling) allows not only Wisconsin but other states to do

Albany

See WIAA, Page B4

See ALBANY, Page B2

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opens year in Madison By Times staff MADISON — Albany opened its volleyball season by going 4-6 at the Abundant Life Invitational on Thursday. The Comets won the first game of the year, 25-21, before falling 17-25, 18-25 over the next two games. Cambria-Friesland swept Albany 25-21, 25-17, 25-18 in the second match, but the

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Major League Soccer also August will continue to -Page monitor The Monroe Times: 26, 2011 4bthe hurricane before making a changed Monroe: times orWI dates for . Continued From -Page 1b three games scheduled this final determination of the staweekend. tus of that game.

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what they've been doing." But newspapers fear the mling could embolden the associations to cut off more journalists' access. For example, they may decide to prohibit newspaper photographers from selling pictures of the game to parents or others and use their own official photographers, which is already a touchy issue, said Stephen Key, executive director and general counsel for the Hoosier State Press Association in Indiana. "We may see another outbreak of infighting between newspapers and associations on that issue," he said. "Selling photos is a revenue stream. We're talking hundreds of dollars, not thousands of dollars, covering all the games. But for the newspapers it is more about control over the content they create." The associations said things won't come to that. Todd Clark, a spokesman for the Wisconsin association, said the idea to generate as much expo-

sure for student athletes as possible. The federal ruling applies only to live streaming, not other mediums, he said. "At some point there's common sense involved in all of this," he said. The decision itself reads that "... the media are free under the (WIAA's) policy to talk and write about the events to their hearts' content. What they cannot do is to appropriate the entertainment product that WIAA has created without paying for it. ... nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances." Donald Downs, a professor of political science, law and journalism at the University of Wisconsin-Madison, said that essentially means the media can report on games but cannot broadcast or stream them from beginning to end. "As long as this opinion is applied in a conscientious way, it seems like the damage would be limited. It's only the streaming," Downs said. "(But) I wouldn't want this case to bleed any further. The newspapers are right to be concerned about it. They don't want the line to be blurred any further."

It's a simple plan. "You always hope that you can go out there and put together a good half, where guys get a little feel for playing with each other and the communication aspect of things," Packers defensive coordinator Dom Capers said. Caldwell will take a similar approach with Indianapoliis. He plans to use the starters into the third quarter. But the bigger question is what the Colts, and particularly Painter, do during that time. With Collins trying to learn

Indy's playbook, Manning coaching from the sideline and Wayne vowing to do whatever he can, this could be Painter's last best chance to prove he can play in the NFL. Even if the third-year quarterback doesn't quite look at it that way. "It's kind of like it has been," Painter said. "It's been a steady competition and you're never completely satisfied with where you're at, so it doesn't change much in my mind. You've just got to go out and be prepared for whatever you need to do."

will translate into about $11 million of spending in Brown County from non-residents. The team had previously announced a plan to install new Diamond Vision video boards in time for the start of next year's season. That $12 million project is being funding jointly by the Packers and the Green Bay/Brown County Professional Football Stadium District as well as user fees. The most recent addition at

Lambeau was a $295 million project that began in 2001 to add 12,032 seats as well as the popular atrium, an expanded Pro Shop and several new food and entertainment options. The project included a half-cent county sales tax to raise $160 million and made 4,000 tickets per game available to county residents only beginning in 2003. That tax is set to expire in the next several years, depending on the economy.

WIAA From Page B1

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KEVIN D. TIPPELT; DAWN M. TIPPELT;

PLEASE TAKE NOTICE that by virtue of a Judgment of Foreclosure entered on February 22, 2011, in the amount of $122,416.80, the Sheriff will the described premises at public auction as follows: TIME: September 29, 2011 at 9:00 am TERMS: 1. 10% down in cash or money order at the time of sale; balance due within 10 days of confirmation of sale; failure to pay balance due will result in forfeit of deposit to plaintiff. 2. Sold "as is" and subject to all legal

TIMES

To place, cancel or correct your ad call

(608) 328-4202 • 1-800-236-2240 Phone Hours: Mon.-Fri. 8am-5pm

Email your classified to: classified@themonroetimes.com

INDEX 101 LEGAL NOTICES 104 HAPPY ADS 107 PERSONALS 109 CARD OF THANKS 112 MEMORIUMS 115 LOST & FOUND 120 NOTICES 130 FUNERAL DIRECTORS 136 CEMETERY LOTS

200 SHOPPERS GUIDE 201 RUMMAGE SALES 203 GIFTS 204 ANTIQUES 210 GOOD THINGS TO EAT 213 APPLIANCES 217 CAMERA EQUIPMENT 220 COMPUTERS 223 CLOTHING 226 MUSICAL INSTRUMENTS 229 OFFICE SUPPLIES 232 PETS & SUPPLIES 235 SPORTING GOODS 236 CAMPING EQUIPMENT 238 GUNS & AMMO 241 TELEVISIONS & STEREOS 243 LAWN ORNAMENTS 244 VIDEO EQUIPMENT 246 CHRISTMAS TREES 247 LAWN & GARDEN 249 SNOW BLOWERS 250 PLANTS & FLOWERS 253 FURNITURE 254 MISCELLANEOUS 255 FIREWOOD 256 WANTED TO BUY 258 JEWELRY 259 RETAIL 260 ARTS & CRAFTS

300 BUSINESS SERVICES 301 BUSINESS SERVICE 302 BOOKKEEPING SERVICE 304 INCOME TAX SERVICE 307 BUSINESS OPPORTUNITIES 310 BUSINESS SERVICES 311 PHOTOGRAPHY 313 BUILDERS & CONTRACTORS 316 APPLIANCE SALES & REPAIR 321 TREE SERVICE

TAX KEY NO.: 23 206-198.0000

Defendants.

THE MONROE

100 ANNOUNCEMENTS

PROPERTY DESCRIPTION: Lo 8 in Block 47 of the original plat of the City of Brodhead Green County, Wis consin, according tc the original pla thereof.

322 REMODELING 331 MUSIC LESSONS 333 CARPET CLEANING 334 JANITORIAL SERVICES 341 CHILD CARE 344 MOVING 347 STORAGE 351 HOBBIES & CRAFTS 353 ROOFING & SIDING 359 TV, RADIO, RECORDER 362 SATELLITE SYSTEMS 364 WEIGHT CONTROL SERVICES 367 TANNING SPA 372 CLEANING SERVICE 373 INVESTMENTS 374 COINS, GOLD, SILVER 379 WANTED TO BORROW 383 MOTELS & HOTELS 386 NURSING HOMES 389 TRAVEL & TOURS

400 EMPLOYMENT 401 GENERAL EMPLOYMENT 404 EMPLOYMENT WANTED 406 CAREER TRAINING 408 SNOW REMOVAL 410 EMPLOYMENT INFORMATION

500 RENTALS 501 HOUSES FOR RENT 502 DUPLEXES FOR RENT 503 ROOMMATE WANTED 504 APARTMENTS FOR RENT 505 MOBILE HOMES FOR RENT 506 BUILDINGS FOR RENT 507 ROOMS FOR RENT 508 MOBILE HOME LOTS FOR RENT 510 BUSINESS RENTALS 513 GARAGES FOR RENT 516 WANTED TO RENT 522 STORAGE SPACE

600 REAL ESTATE 604 REALTORS 605 HOME LOANS 607 MANUFACTURED HOMES 608 HOMES FOR SALE 609 OPEN HOUSES

610 CONDOMINIUMS 612 LOTS FOR SALE 613 LAND FOR SALE 615 REAL ESTATE WANTED 618 INVESTMENT PROPERTY 621 APARTMENT BUILDINGS 624 COMMERCIAL PROPERTY 627 MOBILE HOMES FOR SALE 630 MOBILE HOME LOTS

700 FARMERS MARKET 701 AUCTION CALENDAR 702 AUCTIONS 703 AUCTIONEERS 707 FARMS FOR SALE 708 FARMS FOR RENT 709 FARM WANTED 710 FARMLAND FOR RENT 713 PASTURE FOR RENT 716 FARMLAND WANTED 719 PASTURE LAND WANTED 722 FARM EQUIPMENT 725 FARM MACHINERY 728 FEED, SEED & HAY 731 FERTILIZER & CHEMICALS 734 LIVESTOCK FOR SALE 737 HORSES 740 POULTRY 743 FARM MISCELLANEOUS 744 WANT TO BUY 751 FARM SERVICE

800 TRANSPORTATION 801 AUTOS FOR SALE 804 TRUCKS, TRAILERS, BUSES 807 VANS & SPORT VEHICLES 808 SPECIAL TRANSPORTATION 810 RECREATIONAL VEHICLES 813 BOATS & MOTORS 816 SNOWMOBILES 819 MOTORCYCLES FOR SALE 820 MINI BIKES 822 BICYCLES FOR SALE 825 AUTO INSURANCE 834 AUTO SERVICE 837 AUTO PARTS & ACCESSORIES 840 ANTIQUE AUTOS 843 WANTED TO BUY

PROPERTY AD DRESS: 407 8th Street, Brodhead Wisconsin 53520

Prepared by: Gunar J. Blumberg State Bar No. 1028987 Attorney for Plaintiff 230 W. Monroe, Ste 1125 Chicago, IL 60606 Phone: (312)541-9710 Johnson, Blumberc & Associates, LLC is the creditor's at torney and is at tempting to collect debt on its behalf Any information ob tained will be use for that purpose. (August 12, 19, 26, September 2, 9, 16 2011) WNAXLP NOTICE TO CREDITORS (Informal Administration) Case No. 11-PR-96

,

STATE OF WISCONSIN, CIRCUIT COURT, GREEN COUNTY IN THE MATTER OF THE ESTATE OF: MARK KENNETH RUFER DOD: 06/05/2011 An application fo informal administra tion was filed. The decedent, with date of birth February 19, 1961 and date of death was Jun( 5, 2011, was domi ciled in Greer County, State o Wisconsin, with Mailing address o W5906 Iliff Road Monroe, WI 53566. All interested per sons waived notice. The deadline for fil ing a claim agains the decedent's es tate is Novembe 15, 2011. A claim may 13( filed at the Greer County Justic( Center 2841 6th Street, Monroe Wisconsin. Jean Goepfert Probate Registrar August 12, 2011 Attorney Gregory E Knoke 1904 10th Street, Monroe, WI 53566 Phone: (608) 325-7137 Bar Number 1013426 (August 19, 26 September 2, 2011) WNAXLP


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Monroe The senior Brooke McBain in a No. 1 doubles Monroe Times: August 25, 2011 -Pagematch 1b completes a serve. McBain and Ellie Grossen defeated Waunakee's No. 1 singles tandem of Beth Paradisin and Monroe, Abbie Zellner 2-6,WI 6-3, 7-5. Waunakee defeated Monroe in the dual match 5-2. With the loss, Monroe drops to 6-2.

nament last year. Grossen is making the move from No. 3 to No. 1 doubles this year. "It's a big jump from 3 to 1," Grossen said. "Me and

WISCONSIN SPORTS

MILWAUKEE (AP) — The association that oversees Wisconsin high school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide. The Chicago appeals court said the Wisconsin

See TENNIS, Page B2

BREWERS

Court rules WIAA can limit streaming of games First Amendment doesn't apply to newspapers in case

Waunakee sophomore Shelby Chorney at No. 1 singles defeated Monroe senior

Interscholastic Athletic Association has the right to enter into exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them. The case began in 2008, when the sports association sued The Post-Crescent, an Appleton newspaper, for streaming live coverage of its high school football playoff games. Fans in many states rely See RULING, Page B2

Pirates silence Milwaukee PITTSBURGH (AP) Maybe it was playing a day game after a night game. Perhaps it was playing a fourth game in three days on the heels of a doubleheader two nights earlier. Whatever the reason, the Milwaukee Brewers looked sluggish Wednesday for the first time in a long time. Aaron Thompson pitched 4 1-3 scoreless innings in his major league debut and Jason Grilli won for the first time in nearly two years as four Pittsburgh Pirates pitchers combined on a five-hitter in a 2-0 victory over the Brewers. "We didn't swing the bats

well," Milwaukee manager Ron Roenicke said. "When you don't swing the bats well, you usually look sluggish. If we would have scored a couple of runs early in the game then you probably would have seen us look totally different." Thompson and Grilli kept the Brewers in check, then Jose Veras and Joel Hanrahan closed out the shutout with one scoreless inning each, sending Milwaukee to just its fifth loss in 29 games. The Brewers maintained their 10-game lead in the NL Central over St. Louis, which lost 9-4 to the Los Angeles Dodgers. Hanrahan notched his 32nd

save in 35 opportunities by striking out the side to work out of a jam. He had lost in his two previous appearances, both against Cincinnati. Ryan Braun, who had two hits, led off the ninth with a single and Prince Fielder followed with a walk but Hanrahan snuffed the rally by striking out Casey McGehee, Yuniesky Betancourt and Jonathan Lucroy in succession. With the Brewers trailing 20 in the fifth, Grilli relieved Thompson with one out and runners and second and third See BREWERS, Page B4

TIMES ATHLETES OF THE WEEK MONROE Sarah Kind, Swimming Last Week: The junior opened the season by winning the 100-meter backstroke in a dual meet against Platteville-Lancaster on Aug. 20. She finished the race with a time of 1 minute, 22.58 seconds, a second ahead of Maddie Kieler.

s & TimE

THE MONROE

AREA BOYS Gabe Noyce, New GlarusMonticello Football

AREA GIRLS Shelby Poss, Darlington Golf

Last Week: The junior scored three touchdowns in leading the Glarner Knights to a 45-18 win over Pec-Argyle in the season opener. The Knights rushed for more than 370 total yards.

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Last Week: The senior carded a 47 on Aug. 18 as Darlington-Cuba City defeated Lena-Winslow and Stillman Valley. She shot a team-best 99 at the Viroqua Invite Aug. 20 and she had a 55 during a 225-282 dual win over Prairie du Chien.

to give you sports 9 4/7 Visit www.wissports.net


Ellie Shuda 6-3, 6-2. At No. 2 Chandra McGuire lost a three The Monroe Times: August 25, 2011 -Page 2b singles, Waunakee sophomore set match to Waunakee's Tilly Chorney Mandy Rice and Megan Monroe:defeated WI . Continued From -Page 1b Clack Monroe senior Lily Priewe 7- 6-3, 2-6, 6-2. At No. 3 dou5, 6-0. Monroe senior Erica bles, Monroe's Allie Coplien

learn to stay intense for every point. Waunakee is very strong at the top. We just had to stay competitive with them. I think we did that a little bit."

Ruling

Zacchini's favor, saying the journalist could have complied by reporting on the event without filming it That decision "makes clear that the producer of entertainment is entitled to charge a fee in exchange for consent to broadcast," the appeals court wrote. "The First Amendment does not give the media the right to appropriate, without consent or remuneration, the products of others." Todd Clark, a spokesman for the Wisconsin Interscholastic Athletic Association, said he was happy with Wednesday's decision. "We're looking forward to working with newspapers and the media cooperatively as we have historically," he said. Other athletic associations and newspaper groups have been closely watching the Wisconsin case, and the decision could lead to litigation in other states. It's unlikely, however, that college sports will be greatly affected. The Associated Press had pledged financial support to the newspaper association and Gannett if the Wisconsin case goes to trial.

From Page B1 on community newspapers for news about high school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single video-production company for streaming its tournaments. After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association. The appeals court ruled that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players and coaches, and air up to two minutes of live video coverage of any game. Media outlets were only restricted from broadcasting entire games

live. "WIAA has the right to package and distribute its performance," the justices wrote. "Nothing in the First Amendment confers on the media an affirmative right to broadcast entire performanc), es. Bob Dreps, the attorney representing Gannett and the Wisconsin Newspaper Association, disagreed, contending that the sports association represents public high schools and should therefore be open to unrestricted media coverage. "We're disappointed in the decision's failure to distinguish taxpayer-funded high school sports from professional sports in any meaningful way. These are government-sponsored events," Dreps said. He said his clients hadn't decided whether to appeal. The court based its decision on a 1977 case in which a man who performed a 15-second human-cannonball act at a state fair. Hugo Zacchini asked a reporter not to film the routine, but the reporter did so anyway and played the entire act on the evening news. The U.S. Supreme Court ruled in

Personally, I don't think the Redbirds have enough to hang with the Cardinals for a full half, let alone an entire game. Pick: Cards Mark: Both teams struggled in their season openers. Brodhead-Juda struggled in the red zone last week in a 140 loss to River Valley. Darlington, with a team full of new starters including three sophomores, is looking to put up more points this week. The Cardinals started 1-2 last year before making a run to the state championship game. It's a new year and not the same team, but I expect the Cardinals to roll. Pick: Brodhead-Juda POTOSI (1-0) AT BLACK HAWK (1-0) Adam: The Warriors answered that quarterback question with a resounding "What was that again?" after Merik Meythaler lit up Shullsburg's defense. Oh yeah, that Warriors offense dominated too, thanks to the fight of the offensive line. Potosi is a year-in, yearout top team in the Six Rivers, and it would be foolish to pick against them. But I want on the Black Hawk bandwagon early, just to say "I told you so" come October. Pick: Wayne Township Warriors Mark: Potosi has won 19

coached Black Hawk team, but my head says go with Potosi. Potosi's streak won't last forever, but it will survive another week. Pick: Potosi EDGERTON (1-0) AT NEW GLARUSMONTICELLO (1-0) Adam: The Tiders have a pass-happy offense, while the Glarner Knights are allhands-on-deck playbook enthusiasts. A common opponent for both NGM and Belleville-Albany, Edgerton is a good measure on early season progress. Edgerton also has a defense that allows big plays. I shouldn't have picked against the Knights in Week 1, and I surely won't this week. Pick: NGM Mark: New GlarusMonticello will have to cut down on the 13 penalties committed in the opener. Edgerton quarterback Collin Gregory will test the Glarner Knights' secondary. Gregory passed for 225 yards and five touchdowns in a 54-27 win over Belleville-Albany last week. The Knights will challenge the Crimson Tide running defense that gave up more than 200 rushing yards to Belleville-Albany last week. Pick: New GlarusMonticello

quarterback Jon Hendrickson hit on some big passing plays against New GlarusMonticello last week and running back Jared Johnson rushed for 108 yards. The Pec-Argyle defense could post a shutout against Cassville, which has won just seven games in three years. The Vikings will not have a defensive breakdown this week and will cruise in the conference opener. Pick: Pecatonica-Argyle ORFORDVILLE PARKVIEW (0-1) AT BELLEVILLE-ALBANY (0-1) Adam: Last week, Parkview was crushed by Lancaster 62-12, while the Wildcats lost a shoot-out to Edgerton (54-27). Who will win this one? I'll take B-A, if only because Garrison Woods had a big game last week on the ground and the Wildcats are at home. Pick: The Albany Comets of Belleville Mark: The Wildcats lost two games by three points last year including 15-13 to Parkview last year. Look for a big game from BellevilleAlbany quarterback Collin Adams. Garrison Woods rushed for 178 yards and three touchdowns last week. The Wildcats will get back to .500. Pick: Belleville-Albany


The Janesville Gazette: August 26, 2011 -Page 5a Janesville, WI

The Gazette

Sport groups applaud ruling

Friday, August 26, 2011 . 5A

STATE

Another Lambeau leap

Associated Press

MADISON

Choice preserves lucrative stream of revenue, they say

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MADISON High school athletic associations nationwide say a federal appeals court ruling upholding Wisconsin's right to sell exclusive rights to live-stream games online preserves a lucrative new revenue stream, while newspaper groups fear the ruling could lead to more restrictions on covering games that entire communities follow. The dispute centers around the Wisconsin Interscholastic Athletic Association's exclusive contract with AmericanHiFi to live stream state tournament games. The WIAA sued in 2008 after the Appleton Post-Crescent newspaper streamed four high school football playoff games on its own. A federal judge sided with the WIAA last year. On Wednesday, the 7th Circuit Court of Appeals backed him up, saying the First Amendment doesn't guarantee media outlets free broadcasting rights. "It could potentially cause problems down the road," said Paula Casey, executive director of the Arizona Newspaper Association. "(I) could see them infringe on what newspapers can do, if they think they can stand up in court. It could make things very tough for newspapers." High school associations like the WIAA generally oversee extracurricular sports in their state schools, coordinating schedules and tournaments and sanctioning state champions. The squabble in Wisconsin underscores the sometimes uneasy relationship between the media and the athletic associations over who owns and distributes game accounts, particularly visual images. Tensions have only grown during an Internet age that demands immediate reporting and Web posting. On one side are newspapers whose readers depend on them for accounts of their favorite teams as they compete for championships. On the other are athletic associations trying to maximize revenue to cover rising costs that include renting facilities, paying staff and hiring security for state tournaments for everything from football to swimming. The Arizona Interscholastic Association, for example, spent about $2.5 million to hold state tournaments during the year that ended in July 2011. At least a dozen associations around the country have set up exclusive web streaming, and it's growing in popularity. The associations hailed the decision as an affirmation of their business practices, likening live streaming to television contracts. They say exclusivity allows them to pay for tournaments for less popular sports, reduces the number of cameras on the field or court, protecting players and officials.

Associated Press An artist's rendering provided by the Green Bay Packers shows a new project that will add 6,600 seats to the stadium as part of a $130 million expansion that the team hopes to complete by 2013.

Packers announce plans to add 6,600 seats at Lambeau Field by 2013 Associated Press MILWAUKEE The Green Bay Packers announced plans Thursday to add 6,600 new seats at Lambeau Field in time for the 2013 season, part of a self-funded $130 million project that will be welcome news to the 81,000 fans on the waiting list for season tickets. The Packers also had fans buzzing by suggesting they might pay for the project through a stock sale that would give even more people a chance to be a partowner of one of the NFL's most storied franchises. "We're excited to begin work on the expansion of Lambeau Field," Packers President Mark Murphy said, noting that additional seats will mean more game-day crowd noise. He also said the community will benefit though construction jobs and having more fans in town for the games. The seats will be in four levels in the

south end zone. The prices haven't been set yet but are expected to range between the current cost for bowl seats, where the top price is $87, and club seats, where the top price is $313. The project also includes a new rooftop viewing terrace that club-seat holders can use on game days, along with new gates, elevators and access points for people with disabilities. Lambeau Field is the oldest continually operating NFL stadium, and the third-oldest continually operating venue in major sports behind Chicago's Wrigley Field and Boston's Fenway Park. The stadium has undergone numerous renovations, updates and additions since opening in 1957 with 32,500 seats; it now accommodates 73,128. The new seats will be distributed through a seniority system. Current season-ticket holders will get first access with a chance to trade their existing seats, and priority goes to those who have held tickets the longest. After that,

Compiled from Gazette wire services

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No bat infestation at Madison airport evidence to substantiate reports of a bat infestation at the Madison airport and have closed their investigation, officials said Thursday. The inquiry followed an Aug. 5 incident in which a bat made its way onto a Delta flight from Madison to Atlanta. Authorities interviewed baggage handlers in Madison afterward who reported seeing live bats in the area as well as dead bats on the ground. Their comments raised concerns that a colony had taken up residence at the airport. Investigators found nothing to support either report. "There was no evidence of a bat infestation," Danielle Buttke, a spokeswoman for the Centers for Disease Control and Prevention, told The Associated Press. "At this point it appears this was an isolated incident."

start!

Debts soon to be paid at State Fair Park WESTALLIS—Wisconsin State Fair Park is close to paying off its debt to the state after it had a $4.3 million surplus in 2010. The Milwaukee Journal Sentinel reported strong attendance in 2010 and revenue from year-round events helped Wisconsin State Fair Park. The 2010 fiscal year ended June 30. The fair reported revenue of $21.9 million and expenses of $17.6 million. In 2005-06, the deficit was $11.5 million. The debt has been reduced to $242,900. Chief Executive Officer Rick Frenette said they hope to eliminate the debt altogether by the end of the 2011 fiscal year. NEILLSVILLE

The National Weather Service confirms

that a couple of tornadoes touched down in Wisconsin, damaging houses, barns and trees. The weather service said an EF2 tornado with winds of 135 mph hit Clark County near Chili about 5 p.m. Tuesday. A weaker, EFO tornado touched down about 7 p.m. in Shawano County. Authorities said the storm that rolled through central Wisconsin was a factor in the death of a man in hospice care.

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fans on the waiting list will finally get a chance they've spent decades waiting for. Nathan Bitzer, 35, has been on the list since 1996, when he was somewhere around No. 33,000. In 15 years, he has moved up to about 26,000, he said. "I'm hopeful," said Bitzer, who lives in St. Paul, Minn. "But I'll probably be dead for 200 or 300 years before my name comes up. It's more just to affirm my fandom with the team." Bitzerjoked that he also put his 3- and 4-year-old daughters on the list because "they can choose everything in life but they can't choose not to be Packers fans." The team said it was considering raising money through a stock sale, which would be the team's fifth and first since it sold shares for $200 each in 1997. More than 111,500 people own shares, which the team prohibits from being resold. Green Bay is the NFL's only publicly owned team.

Former Wisconsin Veterans Affairs Secretary John Scocos will once again head the agency from which he was fired. Gov. Scott Walker announced the appointment of Scocos Thursday to head Veterans Affairs, a department that has been in turmoil in recent years. Scocos was dismissed by the Board of Veterans Affairs in November 2009, his successor resigned following claims of discrimination and an audit highlighted financial problems. Walker signed a law last month that gives the governor the power to appoint the secretary. Previously, the choice was made by the board. Scocos was fired by the board shortly after he returned from military service in Iraq. Board members blamed Scocos for financial and communication problems at the agency he had led since 2003. Scocos sued the agency and its board members over his firing, alleging his rights to return to his job after deploying to Iraq were violated. His lawsuit is pending. The veterans' community has been divided over the bill giving the governor the power to make the appointment. Opponents who testified against it earlier this year said it would lead to further politicization of the board and department. Scocos' successor, Ken Black, resigned in April after facing discrimination allegations.

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The Janesville Gazette: August 25, 2011 -Page 4a Janesville, WI

4A . Thursday, August 25, 2011

STATE

The Gazette

Court: No 1st Amendment right to stream games Ruling on WIAA could have national implications Associated Press MILWAUKEE

The association that oversees Wisconsin high school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide. The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them. The case began in 2008, when the sports association sued The Post-Crescent, an Appleton newspaper, for streaming live coverage of its

high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single video-production company for streaming its tournaments. After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association. The appeals court ruled that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players and coaches, and air up to two minutes of live video coverage of any game. Media outlets were only restricted from broadcasting entire games live. "WIAA has the right to package and distribute its performance," the justices wrote. "Noth-

Attorney charged with stealing $542,000 Associated Press MILWAUKEE A Brookfield attorney is accused of stealing $542,000 in unclaimed foreclosure funds by falsely claiming that he represented the rightful owners, prosecutors in Milwaukee County said Wednesday. Thomas E. Bielinski, 52, was charged Tuesday with theft of at least $10,000 by fraud. The charge carries a maximum sentence of five years in prison and a $25,000 fine. He is scheduled to make an initial court appearance on Aug. 31. According to the criminal complaint, Bielinski targeted mortgage-foreclosure cases in which the owners of surplus funds had failed to file claims for the money. Prosecutors said he claimed that he represented the owners, filed claims on their behalf and

Compiled from Gazette wire services

Walker declares timber emergency MADISON—Gov. Scott Walker has declared an official state of emergency in three far northwestern Wisconsin counties struggling to remove hundreds of thousands of downed trees. Walker issued the order for Burnett, Douglas and Washburn counties. The declaration officially puts the Department of Natural Resources in charge of the recovery and directs all state agencies to help as appropriate. It also officially directs the Wisconsin National Guard to remove trees if federal defense officials approve the effort as a training mission. Severe storms in July 'and early August left nearly 2 million cords of wood on the ground.

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City of Janesville

Budget Advice $corecard

INPUT OPPORTUNITY

INTERNET?

The City of Janesville invites community members to complete an online survey regarding the City's annual operating budget. This survey will be available from August 22-September 5 at: www.cijanesville.wi.usiscorecard2011. The purpose of this survey is to ask for advice on the level of service the City provides to its customers. This survey discusses service areas that affect property taxes, including fire/EMS services, police, parks, recreation, transportation, services provided to downtown businesses, and snowplowing; and offers space to share comments.

Budget Advice $corecard: Tell Us What You Think! • How many fire engines, ambulances & patrol officers should Janesville have? •How many hours should the library & senior center be open? •How many hours of bus service should the City offer? '41‘; • Should Janesville reduce swim hours or close a wading pool? • How often should parks be mowed? • Should alcohol be allowed in Janesville's parks, the Senior Center and at Dawson Field? • When should the City plow residential streets? •0 • Who should pay for downtown parking lots and downtown snow removal? Participate in the 2012 budget process by answering these questions and more! The survey is available online at www.ci.janesville.wi.us/scorecard2011 from August 22.September 5.

One of Wisconsin's most notorious criminals doesn't deserve a new trial, a state appeals court ruled Wednesday. Steven Avery went from hero to murderer in just two years. He was released from prison in 2003 after spending nearly two decades behind bars for a rape he didn't commit, but in 2005 was charged with helping murder 25-yearold photographer Teresa Halbach. Avery argued on appeal that he should have been allowed to blame others for her death, that police unlawfully searched his trailer home and a that judge improperly replaced a juror during deliberations. The 2nd District Court ofAppeals rejected all three arguments. Avery's attorney, public defender Suzanne Hagopian, said she was disappointed with the decision and plans to appeal to the Wisconsin Supreme Court. "I felt that our issues were strong. But I think we recognized we have a tough row to hoe here," she said. "Really, all three issues involve matters that the Supreme Court hasn't precisely addressed." Attorney General J.B. Van Hollen, whose office handles felony appeals for local prosecutors, issued a statement say-

What do I do if I I DON'T I have the

Regarding City Budget Available August 22-September 5

After the survey closes, staff will compile the data and present the advice received to the City Council who will make the final decision on service levels and spending through the budget process.

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MADISON

NEILLSVILL.E—Authorities said a storm that rolled through central Wisconsin was a factor in the death of a man in hospice care. Clark County emergency management director Michelle Hartness said the unidentified man died after the storm knocked out power to his oxygen machine. Hartness provided no other details.

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That decision "makes clear that the producer of entertainment is entitled to charge a fee in exchange for consent to broadcast," the appeals court wrote. "The First Amendment does not give the media the right to appropriate, without consent or remuneration, the products of others?' Todd Clark, a spokesman for the Wisconsin Interscholastic Athletic Association, said he was happy with Wednesday's decision. "We're looking forward to working with newspapers and the media cooperatively as we have historically," he said. Other athletic associations and newspaper groups have been closely watching the Wisconsin case, and the decision could lead to litigation in other states. It's unlikely, however, that college sports will be greatly affected. The NCAA, which many state associations try to closely mirror, was ruled a private entity by the U.S. Supreme Court nearly 25 years ago in a case involving then-UNLV coach Jerry Tarkanian, who sued the association, claiming it had tried to drive him out of basketball.

Appeals court denies appeal in Avery homicide

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kept the money. In a five-year period he filed 47 fraudulent claims and got paid out on 43, according to the complaint. Bielinski's home telephone was disconnected when The Associated Press tried to reach him Wednesday. Online court records didn't list an attorney for him. Although prosecutors identified Bielinski as a lawyer, court documents said he had no legitimate law practice. "His fraud scheme was his primary source of income," the complaint said. Prosecutors said Bielinski had crafted what amounted to an elaborate identity-theft scheme. They accused him of forging claimants' signatures and notary stamps, and then covering his tracks by removing the subsequent court documents from official files.

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ing in the First Amendment confers on the media an affirmative right to broadcast entire performances." Bob Dreps, the attorney representing Gannett and the Wisconsin NewspaperAssociation, disagreed, contending that the sports association represents public high schools and should therefore be open to unrestricted media coverage. "We're disappointed in the decision's failure to distinguish taxpayer-funded high school sports from professional sports in any meaningful way. These are government-sponsored events," Dreps said. He said his clients hadn't decided whether to appeal. The court based its decision on a 1977 case in which a man who performed a 15-second human-cannonball act at a state fair. Hugo Zacchini asked a reporter not to film the routine, but the reporter did so anyway and played the entire act on the evening news. The U.S. Supreme Court ruled in Zacchini's favor, saying the journalist could have complied by reporting on the event without filming it.

1

Public computer access is available during open hours for those that wish to complete the survey, but do not have personal access to the Internet at these locations: • Municipal Building Clerk-Treasurer lobby

(18 N. Jackson Street); • Senior Center reception area

(69 S. Water Street); and • Hedberg Public Library Reference Desk

(316 S. Main Street).

For questions, call the City Manager's Office at 755-3177.

I

ing Avery deserves to be in prison. Avery, now 49, rose to fame after he was released from prison in 2003 for a rape he didn't commit. A DNA test exonerated him after he spent 18 years behind bars. His case sparked questions about the reliability of eyewitness testimony and became a high-profile example for DNA exonerations. Two years later, though, investigators found Halbach's charred remains in a burn pit in the Avery family's Manitowoc County salvage yard. Avery and his nephew, Brendan Dassey, lived on the property. Prosecutors accused them of killing Halbach on Halloween after she visited the yard to take pictures for a car magazine. Avery's story—a wrongly convicted man who gets his life back only to become a murderer—dominated headlines across the state. A jury convicted Avery of being a party to first-degree intentional homicide and being a felon in possession of a firearm in 2007. Another jury later convicted Dassey of being party to first-degree intentional homicide, sexually assaulting Halbach and mutilating her corpse. Both were sentenced to life in prison. Avery contended that police framed him because his rape exoneration made them look bad. He contended on appeal that he should have been allowed to argue at trial that other members of his family and customers were in the yard at the same time as Halbach and had an opportunity a kill her. He contended that investigators took days to search his trailer home and the yard and should have obtained a second warrant since the search stretched on for so long.

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The Daily Tribune, Wisconsin Rapids: August 25, 2011 -Page 8a Wisconsin Rapids, WI

8A DAILY TRIBUNE, WISCONSIN RAPIDS

News

THURSDAY, AUGUST 25, 2011

WIAA wins livestreaming appeal Gannett Wisconsin Media

CHICAGO — The Wisconsin Interscholastic Athletic Association is constitutionally entitled to sign exclusive contracts for Internet streaming of high school sporting events, a federal appeals court ruled Wednesday. The decision has national implications for media organizations that hoped to produce online broadcasts of sporting events free from restrictions by state athletic associations. It stems from a lawsuit against the Appleton Post-Crescent; its parent company, Gannett Co. Inc.; and the Wisconsin Newspaper Association. Gannett also owns the Daily 11-ibune. "We conclude that WIAA's exclusive broadcasting agreements for Internet streaming are consistent with the First Amendment," a three-judge panel of the

7th Circuit Court of Appeals decided in a 33-page ruling. Robert Dreps, the Madison attorney who represents Gannett and the Wisconsin Newspaper Association, said the ruling mistakenly compared taxpayer-funded high school sporting events to private entertainment acts and professional sports. "The long-term commercialization of high school sports will continue and probably increase," Dreps said. The appeals court said the news organizations failed to support their First Amendment claims that streaming the sports events is constitutionally protected. "Gannett's theory that coverage and broadcast are identical is ... analytically flawed," the ruling says. "Simply put, streaming or broadcasting an event is not the same thing as reporting on or describing it."

The dispute centered only on postseason play because those tournaments are organized and run by the WIAA, which both sides agree is bound by the same rules that apply to government agencies. Media organizations, including The PostCrescent and the Green Bay Press-Gazette, continue to livestream regular season sporting events. The judges supported the WIAA's right to charge a fee to broadcasters who stream contests and said the fee is not a special tax on the press. The judges also ruled that the WIAA does not prohibit media from reporting on events, nor does it charge outrageous fees. The WIAA sued in federal court in 2008 after The Post-Crescent, without asking permission, broadcast online several high school football playoff games, including one

between Appleton North and Stevens Point Area Senior High. Last year, Western District Judge William Conley backed the WIAA. In a 51-page ruling, Conley said the WIAA's exclusive contract with a Madison-area Internet streaming company does not violate the constitutional rights of the news outlets. "Ultimately, this is a case about commerce, not the right to a free press," he wrote. The Post-Crescent, Gannett and the Wisconsin Newspaper Association have the options of asking the full panel of 16 appeals court judges to hear the case, or of petitioning the U.S. Supreme Court to take it. Dreps said Wednesday he had been in consultation with executives from the news organization, but no decisions had been made.

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U.S. budget deficit dips to $1.28 trillion By Stephen Ohlemacher The Associated Press

WASHINGTON — After

months of unrelieved gloom and discord, Congress and President Barack Obama are starting to make a dent in the federal budget deficit. It's projected to shrink slightly to $1.28 trillion this year, and bigger savings from this month's debt ceiling deal are forecast over the next decade. No one's celebrating. There will be plenty of red ink for years to come. The nonpartisan Congressional Budget Office projected Wednesday that annual budget deficits will be reduced by a total of $3.3 trillion over the next

decade, largely because of the deficit reduction package passed by Congress earlier this month. The office also forecast persistently high unemployment, a troubling political prospect for President Barack Obama in the crucial months of his campaign to win a second term. Even with the anticipated big savings, annual budget deficits are expected to total nearly $3.5 trillion over the next decade — and much more if Bushera tax cuts scheduled to expire at the end of next year are extended. In all, nearly $8.5 trillion would be added to the national debt over the next 10 years if the tax cuts and certain spending programs are kept in place, the budget

office report said. The national debt now stands at more than $14.6 trillion. The numbers help illustrate the urgency facing a new joint committee in Congress that is charged with finding $1.2 trillion to $1.5 trillion in budget savings over the next decade. Some lawmakers are calling for an even bigger package, a tall order given the bitter debate that produced this month's debt deal. "CBO's report is yet more evidence that Congress faces a twin challenge of a sluggish near-term economy and a still very serious long-term debt threat," said Sen. Kent Conrad, D-N.D., chairman of the Senate Budget Committee.

"Congress cannot afford to ignore either challenge." Deficits could be even larger if the CBO's economic forecast, which is more optimistic than private projections, proves to be too rosy. The agency doesn't foresee another recession but instead modest economic growth over the next few years. And it expects the unemployment rate to fall only slightly, to 8.5 percent in 2012, and staying above 8 percent through the following year. "A great deal of the pain of this economic downturn still lies ahead of us," said CBO Director Douglas W. Elmendorf. Democratic leaders say the report shows the need for programs and policies aimed at creating jobs.

along with the agency's other employees, are preparing for the annual U.S. Department of Housing and Urban Development audit, Jorgensen said. That process is set to begin in September.

Assault

hearing Wednesday, Potter questioned Lang about his understanding of his rights. Each time he was asked a question, Lang quietly responded, "Yes, your honor." Lang remains free on a $25,000 cash bond.

From Page 1A

incidents from July 2005, April 2006, July 2007 and March 2009. On Wednesday, Potter ordered a presentence investigation and scheduled Lang's sentencing for Nov. 14. Each of the four counts carries a maximum sentence of 40 years in prison and a $10,000 fine. As part of the plea agreement, Henkelmann will recommend the sentences

be served concurrently rather than consecutively. Henkelmann and defense attorney John Hyland are free to argue for any length of sentence, up to 40 years, during the sentencing, Henkelmann said. During the brief plea

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The county still is assessing the damage, Hartness said. "The Red Cross is providing four families — three in Clark, one in Wood (County) — with assistance in terms of shelter, food and, on top of that, clothing and any other immediate needs those families have," said Kayla Schmidt, American Red Cross volunteer and preparedness coordinator. The Red Cross will continue to provide immediate assistance for those families for about week and look into long-term recovery efforts, Schmidt said.

"We might be just fine the way we are; we don't know," Carson said of the potential structural changes. "I think the taxpayers would want us to take a step back and research (the options)."

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The Daily Press, Ashland: August 25, 2011 -Page 3 Ashland, WI

THE DAILY PRESS - Ashland, WI - Thursday, August 25, 2011 - 3

STATE

Federal court: No 1 st Amendment right to stream live games By DINESH RAMDE Associated Press

MILWAUKEE (AP) — The association that oversees Wisconsin high school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide. The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them. The case began in 2008, when the sports association sued The Post-Crescent, an Appleton news-

paper, for streaming live coverage of its high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single video-production company for streaming its tournaments. After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association. The appeals court ruled that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed

other reporters to cover the games, interview players and coaches, and air up to two minutes of live video coverage of any game. Media outlets were only restricted from broadcasting entire games live. "WIAA has the right to package and distribute its performance," the justices wrote. "Nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances." Bob Dreps, the attorney representing Gannett and the Wisconsin Newspaper Association, disagreed, contending that the sports association represents public high schools and should therefore be open to unrestricted media coverage. "We're disappointed in the decision's failure to distinguish taxpayer-funded high school sports from professional sports in any meaningful way. These are government-sponsored events,"

Dreps said. He said his clients hadn't decided whether to appeal. The court based its decision on a 1977 case in which a man who performed a 15-second humancannonball act at a state fair. Hugo Zacchini asked a reporter not to film the routine, but the reporter did so anyway and played the entire act on the evening news. The U.S. Supreme Court ruled in Zacchini's favor, saying the journalist could have complied by reporting on the event without filming it. That decision "makes clear that the producer of entertainment is entitled to charge a fee in exchange for consent to broadcast," the appeals court wrote. "The First Amendment does not give the media the right to appropriate, without consent or remuneration, the products of others." Todd Clark, a spokesman for the Wisconsin Interscholastic Ath-

letic Association, said he was happy with Wednesday's decision. "We're looking forward to working with newspapers and the media cooperatively as we have historically," he said. Other athletic associations and newspaper groups have been closely watching the Wisconsin case, and the decision could lead to litigation in other states. It's unlikely, however, that college sports will be greatly affected. The NCAA, which many state associations try to closely mirror, was ruled a private entity by the U.S. Supreme Court nearly 25 years ago in a case involving thenUNLV coach Jerry Tarkanian, who sued the association, claiming it had tried to drive him out of basketball. The Associated Press had pledged financial support to the newspaper association and Gannett if the Wisconsin case goes to trial.

WISCONSIN NEWS IN BRIEF

West Bend man charged after bonfire explosion burns 7 FOND DU LAC (AP) — A West Bend man is accused of sparking a bonfire explosion that left at least six people with serious burns. Kyle W. De Ruyter was charged Tuesday with seven felony counts of injury by negligent handling of fire. The charges carry a maximum penalty of 10 1/2 years in prison. The 25-year-old was attending a bonfire at a Campbellsport home in June. Prosecutors say he tried to feed the fire by pouring gasoline on it and flames PATH OF DESTRUCTION — In this photo taken Tuesday, Aug. 23, the total destruction traveled up the gas stream. He allegedly visited upon a Clark County home is evident after a tornado came through the area Tuesday dropped the gas can into the fire. The Reporter in Fond du Lac says De evening. The National Weather Service says an EF2 tornado with winds of up to 135 mph hit Ruyter wasn't hurt, but seven others near Chili in Clark County about 5 p.m. (AP Photo) were burned. Six of them have at least second-degree burns.

Weather service confirms 2 tornadoes touch down in Wis. NEILLSVILLE (AP) — The National Weather Service confirms that a couple of tornadoes touched down in Wisconsin, damaging houses, barns and trees. The weather service says an EF2 tornado with winds of 135 mph hit Clark County near Chili about 5 p.m. Tuesday. A weaker, EFO tornado touched down about 7 p.m. in Shawano County. Authorities say the storm that rolled through central Wisconsin was a factor in the death of a man in hospice care. Clark County emergency management director Michelle Hartness says the unidentified man died after the storm knocked out power to his oxygen machine. The man was being cared for at a home in Granton. Sheriff's chief deputy Jim Backus says most of the heavy storm damage Tues-

Most Wisconsin cities see unemployment rate decreases MADISON (AP) — Unemployment decreased for nearly all Wisconsin's largest cities in July. New figures from the state Depart-

ment of Workforce Development show unemployment decreased in 29 of 31 cities with a population of 25,000 or more. Beloit had the highest unemployment at 13.2 percent down from 14.2 percent in June. Caledonia again had the lowest at 4.1 percent, down from 4.7 percent the previous month. Kenosha, which went to 11.1 percent from 10.7 percent in June, and Milwaukee, which went from 11.6 percent from 11.5 percent the previous month, were the only cities that had increases.

2 birds test positive for West

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MADISON (AP) — Wisconsin health officials have confirmed the first cases of West Nile virus in animals in the state this year. State and county health officials said Wednesday that two birds tested positive for the virus — one in Dane County and the other in Waupaca County. Officials say infected birds are an early warning that West Nile virus is present in the area. They're urging people to protect themselves against mosquito bites.

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STORM DEBRIS — In this Tuesday Aug. 23, photo, shoes and debris are strewn across the yard of Joshua and Chasity Kuehn after a tornado came through their Clark County property. At least one person is injured after storms knocked down trees and power lines in central Wisconsin. (AP Photo) day occurred in the northern part of the county, specifically in Chili and the Town of Fremont. Backus says one house was destroyed in Clark County and dozens of others were

Walker declares timber emergency MADISON (AP) — Gov. Scott Walker has declared an official state of emergency in three far northwestern Wisconsin counties struggling to remove hundreds of thousands of downed trees. Walker issued the order for Burnett, Douglas and Washburn counties. The declaration

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The Chippewa Herald, Chippewa Falls: August 25, 2011 -Page 8a Chippewa Falls, WI THE CHIPPEWA HERALD

WIAA wins court round By DINESH RAMDE Associated Press

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MILWAUKEE — The association that oversees Wisconsir high school sports can limit whc streams its games live on the Internet even though most of it member schools are funded b3 taxpayers, a federal appeals court ruled Wednesday. The decisior could have First Amendment implications for media outlets nationwide. The Chicago appeals court saic the Wisconsin Interscholastic Athletic Association has the righi to enter into exclusive contract for live streaming of its sporting events, and that the Firsi Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them. The case began in 2008, wher the sports association sued ThE Post-Crescent, an Appletor newspaper, for streaming live coverage of its high school football playoff games. Fans in mans states rely on community newspapers for news about higt school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage But the Wisconsin association said it couldn't survive without being able to raise money b3 signing exclusive contracts with single video-production company for streaming its tournaments After a U.S. District judge sidec with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association. The appeals court ruled that an exclusive contract allowing onE entity to broadcast an evens doesn't amount to a gag order or other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players anc coaches, and air up to two minutes of live video coverage of an3 game. Media outlets were on13 restricted from broadcasting entire games live. "WIAA has the right to package and distribute its performance,' the justices wrote. "Nothing in the First Amendment confers or the media an affirmative right tc broadcast entire performances!' Bob Dreps, the attorney representing Gannett and the Wisconsin Newspaper Association, disagreed, contending that the sports association represent public high schools and shoulc therefore be open to unrestrictec media coverage. "We're disappointed in the decision's failure to distinguish taxpayer-funded high school sport from professional sports in an3 meaningful way!" .

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Stevens Point Journal: August 25, 2011 -Page"It 1adidn't make sense to have when looking at it under civilian separate dispatch services oversight, it's hard to compare Stevens Point: WI working parallel to each other," said Dan Kontos, chief deputy

See DISPATCH/Page 7A

WIAA wins appeal over livestreaming events Gannett Wisconsin Media

CHICAGO The Wisconsin Interscholastic Athletic Association is constitutionally entitled to sign exclusive contracts for Internet streaming of high school sporting events, a federal appeals court ruled Wednesday. The decision has national implications for media organizations that hoped to produce online broadcasts of sporting events free from restrictions by state athletic associations. It —

stems from a lawsuit against the Appleton Post-Crescent; its parent company, Gannett Co. Inc.; and the Wisconsin Newspaper Association. Gannett also owns the Stevens Point Journal. "We conclude that WIAA's exclusive broadcasting agreements for Internet streaming are consistent with the First Amendment," a three-judge panel of the 7th Circuit Court of Appeals decided in a 33-page ruling. Robert Dreps, the Madison attorney who represents Gannett and the Wisconsin Newspaper

on the Web

Visit this story online to read the full text of the court's decision

stevenspointjournal.com

Association, said the ruling mistakenly compared taxpayer-funded high school sporting events to private entertainment acts and professional sports. "The long-term commercialization of high school sports will continue and probably increase," Dreps said. The appeals court said the news organizations failed to support

Index

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Business 7A Local 3A

Anne Rumsey Paula Smith

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their First Amendment claims that streaming the sports events is constitutionally protected. "Gannett's theory that coverage and broadcast are identical is ... analytically flawed," the riling says. "Simply put, streaming or broadcasting an event is not the same thing as reporting on or describing it." The dispute centered only on postseason play because those tournaments are organized and run by the WIAA, which both See

WIAA/Page 7A

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Stevens Point Journal: August 25, 2011 -Page 7a Stevens Point: WI . Continued From -Page 1a

Business & News

THURSDAY, AUGUST 25, 2011

WIAA

stream contests and said the fee is not a special tax on the press. The judges also ruled that the WIAA does not prohibit media from reporting on events, nor does it charge outrageous fees. The WIAA sued in federal court in 2008 after The Post-Crescent, without asking permission, broadcast online several high school football playoff games, including one between

From Page 1A

sides agree is bound by the same rules that apply to government agencies. Media organizations, including The Post-Crescent and the Green Bay Press-Gazette, continue to livestream regular season sporting events. The judges supported the WIAA's right to charge a fee to broadcasters who

Dispatch From Page 1A

it to under sheriff oversight," said Sally McGinty, Stevens Point emergency management director. "That's something I hope to see out of phase two." Officials now are looking to hire a consultant to help with the second phase of the consolidation study. The consultant would help analyze the two options and start hammering out details of what the final structure would look like, such as the number of dispatchers needed, what kinds of shifts they would work and cost. "Put the meat on the bones of those two options," Kontos said. To narrow the study to

the two final options, officials and employees from Portage County, Stevens Point and the village of Plover evaluated eight options, including having Stevens Point operate the center, integrating the two separate centers via technology and maintaining the current setup. Using a set of criteria, such as operational costs, supervision, technology and facilities, the group rated each option and then tallied the totals for cornparison. Having the Sheriff's Department operate the dispatch center with Stevens Point paying into the system received the best marks, while keeping the current system had the lowest score, according to a report on the first phase.

Appleton North and Stevens Point Area Senior High. Last year, Western District Judge William Conley backed the WIAA. In a 51-page ruling, Conley said the WIAA's exclusive contract with a Madison-area Internet streaming company does not violate the constitutional rights of the news outlets. "Ultimately, this is a case about commerce, not the right to a free

press," he wrote. The Post-Crescent, Gannett and the Wisconsin Newspaper Association have the options of asking the full panel of 16 appeals court judges to hear the case, or of petitioning the U.S. Supreme Court to take it. Dreps said Wednesday he had been in consultation with executives from the news organization, but no decisions had been made.

Assault

will recommend the sentences be served concurrently rather than consecutively. Henkelmann and defense attorney John Hyland are free to argue for any length of sentence, up to 40 years, during the sentencing, Henkelmann said. During the brief plea hearing Wednesday, Potter questioned Lang about his understanding of his rights. Each time he was asked a question, Lang quietly responded, "Yes, your honor." Lang remains free on a $25,000 cash bond.

From Page

1A

placed her hand on his penis. The patient reported the incident and, on March 19, 2009, Clinic officials confronted Lang, who admitted to the incidents and said he needed help, the report said. The criminal complaint lists incidents from July 2005, April 2006, July 2007 and March 2009. On Wednesday, Potter ordered a presentence investigation and scheduled Lang's sentencing for Nov. 14. Each of the four counts carries a maximum sentence of 40 years in prison and a $10,000 fine. As part of the plea agreement, Henkelmann

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MGIC 2.13 +44 +26.0 FlartenGrp 2.41 +41 +20.5 DB3XShUST 15.14 +2.06 +15.7 Dycom 15.97 +2.14 +15.5 SwiftTms n 7.96 +1,02 +14.7 AcomIM1 4.16 +53 +14.6 BkAm vilik 3.40 +.43 +14.6 TorchEngy 114 +37 +13.4 ChinHydro 2.82 +33 +13.3 Lentuo n 5.65 +.62 +12.3

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VoyagerOG 2.63 +29 +12.4 SevemBc 3.06 +.61 +24.9 MtnPODia p 5.10 +.45 +9.7 Vereniurn 2.87 +49 +20.6 ChaseCorp 12.74 +1.12 +9.6 MEMSIC 2.62 +.40 +18.0 Flanign 7.29 +.49 +7.2 ExceedCo 3.73 +.55 +17.3 BovieMed 2.75 +.18 +7.0 AspenTech 16.27 +2.39 +172 2.08 +.12 4.1' lightbrdge 2.81 +.41 +17.1 C n 564 +.32 4.0 PnrnoWl n 4.61 +.66 +18.7 Argan 11.00 +.59 +5.7 Seanrgy rs 3.60 +.50 +16.1 FriedmInd 8.88 +47 +5.6 ATP OM 11.78 +1.58 +15.5 Travelars 4.14 +.20 +5.1 NorestB 12.66 +1.54 +13.8

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GoidResrc 22,30 -212 -8.7 HaderaPap 47.00 -424 -8.3 Richmnt g 8.95 -.78 -8.0 ExtorreG g 9.25 -.65 -6.6 LkShrGld g 2.27 -.16 -6.6 AvinoSG g 2.63 -.18 -6.4 Mine1nd g 15.40 -1.05 -6.4 eMagin 3.51 -.23 -6.1 VistaGold 3.09 -.20 41 SeabGld g 2753 -1.75 -6.0

UldTherap 39.91 -8.85 -182 HovnEn pt A 3.00 -.62 -17.1 AllCstFn 2.91 -.44 -13.1 GtiSpcMet 16.15 -2.05 -11.3 13ookMil 2.50 -.31 -11.0 Meadelnst 3.80 -.46 -10.8 ShoreTel 6.54 -.70 -9.7 HutchT 2.06 -.20 -8.8 PNWor 12.85 -123 -8.7 WLIblyecp 2.70 -.25 -8.5

Muhl n 7.20 -330 -31.4 PitriB pc 315.00-55.02 -14.9 Prolog plP 23.85 -3.15 -11.7 ElkA Si&P14 11,37 -1,28 -10.1 FGIdEUSP8r 42.83 -4.72 -9.9 ProStRISiv 208.50-2099 -9.1 AEagleOut 10.60 -1.02 -8.8 Dir30TrBull 49.88 -472 -8.6 E-TrcGid 4724 -4.26 -8.3 DifFnBr rs 59 97 -5.00 -7.7

MOST ACTIVE ($1 OR Mona) MOST ACTP/E ($1 OR MORE Name Vol (00) Last Chg Name Vol (00) Last Chg BkolArn 5742081 6.99 +.69 S&P500ETF21665,82118.013 +1.64 SPDR 8411245767 12.70 +33 DrxFnBull 661452 13.62 +.94 SpdrGold 651184 171.65 -6.02 GenEle 639095 15.72 +.18 iShR2Kc 594296 69.20 +1.01 iShSilver 588093 3823 -1.80 SprintNex 538232 3.45 -.14 Citigrp rs 535046 28.45 +1.13

NwGold g 61716 12.10 -.44 CFCda g 50316 2392 -.89 GrtBasG g 44546 1.93 -.18 GoiuSir g 35585 2.30 _ix NovaG g 30716 9.38 -.17 NA Pall g 24308 3.74 -.14 NthgtM g 24205 3.01 -.12 CheniereEn 17594 750 +18 GtPanSily g 15038 295 -.06 Neoprobe 13638 2.88 +.13

MOST ACTIVE ($1 OR storm) Name Vol (00) Last Chg SinusXM 1265097 1.75 +.06 PwShs 000672391 52.69 +.41 MicronT 621931 5.30 -.36 Cisco 583758 15.46 +.02 Intel 526152 19.80 +.09 Microsoft 443807 24.90 +.18 NewsCpA 328435 16.84 +.47 Oracle 313136 26.68 +.48 RschMotn 274705 28.57 +1.07 Yahoo 248031 13.15 -.20

DIARY

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Advanced 2,107 Declined 941 Unchanged 86 Total issues 3,134 New Highs 18 New Lows 30 Volume 4,566,290,832

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YTD Name Ex Div Yld PE Last Chg %Chg

YTD Name Ex Div Yid PE Last Chg %Chg

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JPMorgCh NY 1.00 2.8 8 35.83 +1.05 -15.5

DAILY

Dow

JONES

Dow Jones Industrials 11,560

Close: 11,320.71

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The Journal Times, Racine: August 25, 2011 -Page 4b Racine, WI

Newspapers lose in court regarding streaming of games DINESH RAMDE

Associated Press

ON THE NET

MILWAUKEE — The asso-

ciation that oversees Wisconsin high school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide. The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them.

Case originated in Appleton The case began in 2008, when the sports association sued The Post - Cres cent, an Appleton news paper, for streaming live coverage of its high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single video -production company for streaming its tournaments. After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association. The appeals court ruled that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players and coaches, and air up to two minutes of live video coverage of any game. Media outlets were only restricted from broadcasting entire games live. "WIAA has the right to package and distribute its performance;' the justices wrote. "Nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances:'

No decision on appeal Bob Dreps, the attorney representing Gannett and the Wisconsin Newspaper Association, disagreed, contending that the sports association represents public high schools and

U.S. Court of Appeals ruling: http://www. ca7.uscourts.gov/tmp/ APOVK4VF.pdf

should therefore be open to unrestricted media coverage. "We're disappointed in the decision's failure to distinguish taxpayerfunded high school sports from professional sports in any meaningful way. These are government-sponsored events;' Dreps said. He said his clients hadn't decided whether to appeal.

Case law The court based its decision on a 1977 case in which a man who performed a 15- second human- cannonball act at a state fair. Hugo Zacchini asked a reporter not to film the routine, but the re porter did so anyway and played the entire act on the evening news. The U.S. Supreme Court ruled in Zacchini's favor, saying the journalist could have complied by reporting on the event without filming it. That decision "makes clear that the producer of entertainment is entitled to charge a fee in exchange for consent to broadcast;' the appeals court wrote. "The First Amendment does not give the media the right to appropriate, without consent or remuneration, the products of others?' Todd Clark, a spokesman for the Wisconsin Interscholastic Athletic Association, said he was happy with Wednesday's decision. "We're looking forward to working with newspapers and the media cooperatively as we have historically," he said. Other athletic associations and newspaper groups have been closely watching the Wisconsin case, and the decision could lead to litigation in other states.

Likely no impact on colleges It's unlikely, however, that college sports will be greatly affected. The NCAA, which many state associations try to closely mirror, was ruled a private entity by the U.S. Supreme Court nearly 25 years ago in a case involving then-UNLV coach Jerry Tarkanian, who sued the association, claiming it had tried to drive him out of basketball. The Associated Press had pledged financial support to the newspaper association and Gannett if the Wisconsin case goes to trial.

IN BRIEF ■ GREEN BAY

Favre look-alike says he didn't mean to cause stir A Brett Favre lookalike says he wasn't trying to fool anyone when he showed up at Green Bay Packers practice last week wearing the former quarterback's jersey and signing autographs. Kirk Ermatinger of Ripon says he was shocked when he saw the story and his picture all over the Internet. WGBA-TV reported that Ermatinger signed autographs but doesn't say whether it was Favre's name he signed. The 47-year-old says he's often told he looks a lot like Favre, down to the gray sideburns. He says he didn't know the picture was taken and he didn't intend to create a stir. He also says he wore the Favre jersey because it's his only Packers jersey. Favre's travel coordinator said his boss hasn't been in town since the last Minnesota Vikings game.

■ WALWORTH COUNTY

Driver accused in fatal drunken-driving crash An driver is accused of blowing a stop sign and causing a fatal crash while driving drunk in Walworth County. Sheriff's deputies say the crash happened at an intersection in the Town of Sugar Creek at about 9 p.m. Tuesday. Investigators say a 21year-old Palmyra man was intoxicated when he missed the stop sign and collided with a pickup truck. The driver of the truck, 40-year-old Kelly Agnes of Elkhorn, was killed. The driver of the car is at Froedtert Hospital in Wauwatosa in intensive care. Deputies have referred the case to the district attorney's office.

Associated Press


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Crime Lab. donia home where WhitJudge Daniel George ney had used his Portage Daily Register: August 26,truck 2011 -Page 3a ordered Whitney to pay to prevent a man and a sgreen@ Portage, WI $1,370 in fines and costs. woman from leaving. capitalnewspapers.com 745-3504 George dismissed two Whitney brought out a

Sports associations applaud federal Internet ruling MADISON (AP) — High school athletic associations nationwide say a federal appeals court ruling upholding Wisconsin's right to sell exclusive rights to live-stream games online preserves a lucrative new revenue stream, while newspaper groups fear the ruling could lead to more restrictions on covering games that entire communities follow. The dispute centers around the Wisconsin Interscholastic Athletic Association's exclusive contract with AmericanHiFi to live stream state tournament games. The WIAA sued in 2008 after the Appleton Post -Cres cent newspaper streamed four high school football playoff games on its own. A federal judge sided with the WIAA last year. On Wednesday, the 7th Circuit Court of Appeals backed him up, saying the First Amendment doesn't guarantee media outlets free broadcasting rights. "It could potentially cause problems down the road," said Paula Casey, executive director of

the Arizona Newspaper Association. "(I) could see them infringe on what newspapers can do, if they think they can stand up in court. It could make things very tough for newspapers." High school associations like the WIAA generally oversee extracurricular sports in their state schools, coordinating schedules and tournaments and sanctioning state champions. The argument in Wisconsin underscores the sometimes uneasy relationship between the media and the athletic associations over who owns and distributes game accounts, particularly visual images. Tensions have only grown during an Internet age that demands immediate reporting and Web posting. On one side are newspapers whose readers depend on them for accounts of their favorite teams as they compete for championships. On the other are athletic associations trying to maximize revenue to cover rising costs that

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11 E. Wisconsin St. Suite 109 ortage, WI 53901 608-742-4688

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POLICE

ormooir Information is taken from the records of the Portage Police Department and does not represent a comprehensive list of police department activity. Each individual named in this report

LOWING BIDS WANTED!

ston, Green Lake County, WI, will be accepting bids for salting 17 miles of roads in the Township of Kingston for ter season.

ved by Town Clerk, Sonia Robson, W518 State Road 44, by 5:00 pm on September 12, 2011. Bids will be opened at oard meeting held at 7:00 p.m. that evening at Kingston own Board of Kingston reserves the right to reject any questions, call Allan Hoffmann, 920-394-3293.

include renting facilities, paying staff and hiring security for state tournaments for everything from football to swimming. The Arizona Interscholastic Association, for example, spent about $2.5 million to hold state tournaments during the year that ended in July 2011. At least a dozen associations around the country have set up exclusive web streaming, and it's growing in popularity. The Arizona Interscholastic Association, for example, generated $150,000 over the first four months of exclusive streaming in 2009 and reported 1.6 million streams in December of that year alone, according to court documents. The associations hailed the decision as an affirmation of their business practices, likening live streaming to television contracts. They insist reporters and photographers can continue to cover the games in a traditional sense — just not broadcast them from start to finish for free. is presumed to be innocent until proven guilty in a court of law. Between 7:58 a.m. Wednesday and 6:38 a.m. Thursday, police responded to 30 calls.

900 block of East Wisconsin Street: Police at 5:15 p.m. Wednesday took a report of graffiti written with black marker on an ATM. Walmart, 2950 New Pinery Road: At 7:52 p.m. Wednesday, police took a report of the theft of a wallet from the game room. West Wisconsin at West Edgewater streets: Police at 1:58 a.m. Thursday stopped a vehicle with a broken rear light. Samantha J. Waack, 21, of Oxford, was cited for operating without a license as a second offense and on a probation warrant from Waushara County.


help, the report said. ment, Henkelmann will rights. Each time he was Marshfield News-Herald: August 25, asked 2011a -Page The criminal complaint recommend the sentences question,6a Lang quilists incidents from July be served concurrently etly responded, "Yes, your 2005, April Marshfield, 2006, July 2007WIrather than consecutively. honor." and March 2009. Henkelmann and defense Lang remains free on a On Wednesday, Potter attorney John Hyland $25,000 cash bond.

WIAA wins appeal over livestreaming sports events Gannett Wisconsin Media

CHICAGO — The Wisconsin Interscholastic Athletic Association is constitutionally entitled to sign exclusive contracts for Internet streaming of high school sporting events, a federal appeals court ruled Wednesday. The decision has national implications for media organizations that hoped to produce online broadcasts of sporting events free from restrictions by state athletic associations. It stems from a lawsuit against the Appleton Post-Crescent; its parent company, Gannett Co. Inc.; and the Wisconsin Newspaper Association. "We conclude that WIAA's exclusive broadcasting agreements for Internet streaming are consistent with the First Amendment," a three-judge panel of the 7th Circuit Court of Appeals

decided in a 33-page ruling. Robert Dreps, the Madison attorney who represents Gannett and the Wisconsin Newspaper Association, said the ruling mistakenly compared taxpayer-funded high school sporting events to private entertainment acts and professional sports. "The long-term commercialization of high school sports will continue and probably increase," Dreps said. The appeals court said the news organizations failed to support their First Amendment claims that streaming the sports events is constitutionally protected. "Gannett's theory that coverage and broadcast are identical is ... analytically flawed," the ruling says. "Simply put, streaming or broadcasting an event is not the same thing as reporting on or describing it." The dispute centered only

on postseason play because those tournaments are organized and run by the WIAA, which both sides agree is bound by the same rules that apply to government agencies. Media organizations, including The PostCrescent and the Green Bay Press-Gazette, continue to livestream regular season sporting events. The judges supported the WIAA's right to charge a fee to broadcasters who stream contests and said the fee is not a special tax on the press. The judges also ruled that the WIAA does not prohibit media from reporting on events, nor does it charge outrageous fees. The WIAA sued in federal court in 2008 after The PostCrescent, without asking permission, broadcast online several high school football playoff games, including one between Appleton North and Stevens Point.

District plans to release disciplinary record of wrestling team coaching staff members By Karen Madden against

four members of State statutes require a 2010-11 Lincoln High record custodian give the School Division I state subject of a disciplinary Wisconsin Rapids School champion wrestling team. investigation notice when it District officials plan to Misdemeanor disorderly plans to release the report release disciplinary records conduct charges have been to the public, said media for a Lincoln High School filed against four wrestlers attorney Bob Dreps, who wrestling coach. who are accused of taunt- represents Gannett Central On Wednesday, Gannett ing a freshman in the lock- Wisconsin Media in some Central Wisconsin Media er room, dancing around legal matters. received a written response him while naked and touch- The school must first to its open records request ing him with their genitals. determine the requester for any disciplinary records Last week, Lincoln High is entitled to the record, regarding the Lincoln High School Principal Ryan Dreps said. It then must School wrestling coaches Christianson announced the notify the subject, who has from Sept. 1, 2010, through school administration was 10 days to consider whether Aug. 17. In her response, imposing sanctions against to demand a judicial review Wisconsin Rapids School the wrestling team that of the request in an attempt District Superintendent would limit its participa- to stop release of the inforColleen Dickmann said tion in wrestling events to mation. there is one document that 11, instead of the maximum In her letter to Gannett relates to the request. 14 events. Two events the Wisconsin Media,Dicicmann Dickmann did not indi- team will not attend will be stated that, "Should the subcate who is involved in The Clash National High ject commence an action, the report or whether School Wrestling Duals and the District will abide by the report is related to the Cheesehead Wrestling the ultimate decision of the the allegations made tournaments. Court." For the Marshfield News-Herald the

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children for school without paying a fee that EagleHerald, appeared mandatory. Marinette: As the school year approaches, WIto use their parents areMarinette, being asked credit cards to pay as they face charges for sports teams and clubs

"You are paying for it before

in other optional fees, including a

tration began about 10 years ago,

Molly Saeli, a mother in the Detroit suburb of Birmingham whose son plays water polo at Seaholm High School. "It would be

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director of Michigan School Business Officials, which works with district financial officers. Activity and equipment fees are common

Appeals court sides with WIAA Ruling on streaming prep games upheld cc

MADISON, Wis. (AP) — High school is associations trying to maximize revathletic associations nationwide say a enue to cover rising costs that include federal appeals court ruling upholding renting facilities, paying staff and hiring "It could potentially Wisconsin's right to sell exclusive rights security for state tournaments for everything from football to swimming. The to live-stream games online preserves a cause problems down the lucrative new revenue stream, while Arizona Interscholastic Association, for road." newspaper groups fear the ruling could example, spent about $2.5 million to lead to more restrictions on covering Paula Casey hold state tournaments during the year games that entire communities follow. that ended in July 2011. Arizona Newspaper Association At least a dozen associations around The dispute centers around the Wisexecutive director consin Interscholastic Athletic Associathe country have set up exclusive web tion's exclusive contract with Ameri- tough for newspapers." streaming, and it's growing in popularican-HiFi to live stream state tournaHigh school associations like the ty. The Arizona Interscholastic Associament games. The WIAA sued in 2008 WIAA generally oversee extracurricular tion, for example, generated $150,000 after the Appleton Post-Crescent news- sports in their state schools, coordinat- over the first four months of exclusive paper streamed four high school foot- ing schedules and tournaments and streaming in 2009 and reported 1.6 milball playoff games on its own. A federal sanctioning state champions. The lion streams in December of that year judge sided with the WIAA last year. On squabble in Wisconsin underscores the alone, according to court documents. Wednesday, the 7th Circuit Court of sometimes uneasy relationship between The associations hailed the deciAppeals backed him up, saying the the media and the athletic associations sion as an affirmation of their busiFirst Amendment doesn't guarantee over who owns and distributes game ness practices, likening live streaming media outlets free broadcasting rights. accounts, particularly visual images. to television contracts. They say exclu"It could potentially cause prob- Tensions have only grown during an sivity allows them to pay for tournalems down the road," said Paula Internet age that demands immediate ments for less popular sports, reduces Casey, executive director of the Ari- reporting and Web posting. the number of cameras on the field or zona Newspaper Association. "(I) could On one side are newspapers whose court, protecting players and officials. see them infringe on what newspapers readers depend on them for accounts of And they insist reporters and photogcan do, if they think they can stand up their favorite teams as they compete for raphers can continue to cover the in court. It could make things very championships. On the other are athlet- games in a traditional sense.

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Court: WIAA can limit who streams live sports events By DINESH RAMDE The Associated Press MILWAUKEE — The association that oversees Wisconsin high school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday in a decision that could have First Amendment implications for media outlets nationwide. The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them. The case began in 2008, when the sports association sued The Post-Crescent, an Appleton newspaper, for streaming live coverage of its high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single video-production company for streaming its tournaments. After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association. The appeals court ruled that an exclusive contract for one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players and coaches, and air up to

two minutes of live video coverage of any game. Media outlets were only restricted from broadcasting entire games live. "WIAA has the right to package and distribute its performance;' the justices wrote. "Nothing in the First Amendment confers on the media an affirmative right to broadcast entire per formances." Bob Dreps, the attorney representing Gannett and the Wisconsin Newspaper Association, disagreed, contending that the sports association represents public high schools and should therefore be open to unrestricted media coverage. "We're disappointed in the decision's failure to distinguish taxpayer-funded high school sports from professional sports in any meaningful way. These are government - sponsored events," Dreps said. He said his clients hadn't decided whether to appeal the decision. Todd Clark, a spokesman for the Wisconsin Interscholastic Athletic Association, said he was happy with the decision. "We're looking forward to working with newspapers and the media cooperatively as we have historically;' he said. Other athletic associations and newspaper groups have been closely watching the Wisconsin case, and the decision could lead to litigation in other states. It's unlikely, however, that college sports will be greatly affected. The NCAA, which many state associations try to closely mirror, was ruled a private entity by the U.S. Supreme Court nearly 25 years ago in a case involving then-UNLV coach Jerry Tarkanian, who sued the association, claiming it had tried to drive him out of basketball. The Associated Press had pledged financial support to the newspaper association and Gannett if the Wisconsin case goes to trial.

GUE WORLD SERIES

ances to U.S. title game

couple jams, including a hreat in the second that runner thrown out at g a passed ball. loaded the bases with e sixth on two walks and but the Montana fans ective sigh of relief after er lined the first pitch r Sean Jones right to ft for the inning-ending

er, Ruiz's homer to centch in the ninth broke up ers' duel. Ruiz cringed while geted by teammates with en helmet after crossing

will play Japan today, can rest up for Saturday Jorge Jacobo closed out inducing a groundout. amily serenaded their ongs in Spanish after the

ny Marquez struck out ix innings and Yonny ad an RBI double for ich lost for the first time

in the postseason. It was a memorable one for fans of great pitching and excellent defense. Venezuela catcher Carlos Narvaez's sweep tag on a throw up the third-base line got Mexico runner Alvaro Valdez as he tried to score on Carlos Arellano's opposite-field single to right to end the seventh. An inning earlier, Venezuela loaded the bases in the bottom of the sixth with nobody out, but Arellano, the starting pitcher, escaped the jam with a strikeout and a home-to-first double play off a grounder. Arellano struck out ii over 7'/3 innings, settling down after giving up a run in the first. A bag of ice strapped to his right shoulder after the game, Mexico's 12-year-old ace said he made simple adjustments. "I needed to throw it faster;' Arellano said. "Also, I wanted to work on my mechanics. I wanted to throw more strikes so they wouldn't get more hits off me!' Marquez and three Venezuela relievers combined for H strikeouts.


ete 80-minute game." Kenosha News: August 25, 2011 -Page 3c Shoreland takes on Grafton Friday the Kettle Moraine Lutheran Kenosha, WI vite. Jeffrey Zampanti and Mike Larsen

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Court sides with WIAA in battle with papers MILWAUKEE (AP) — The association that oversees Wisconsin high school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide. The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them.

Streaming rights case The case began in 2008, when the sports association sued The Post-Crescent, an Appleton newspaper, for streaming live coverage of its high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single video-production company for streaming its tournaments. After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association. The appeals court ruled that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players and coaches, and air up to two minutes of live video coverage of any game. Media outlets were only restricted from broadcasting entire games live. "WIAA has the right to package and distribute its performance," the justices wrote. "Nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances."

Papers may appeal Bob Dreps, the attorney representing Gannett and the Wisconsin Newspaper Association, disagreed, contending that the sports association represents public high schools and should therefore be open to unrestricted media coverage. "We're disappointed in the decision's failure to distinguish taxpayer-funded high school sports from professional sports in any meaningful way. These are government-sponsored events," Dreps said. He said his clients hadn't decided whether to appeal.

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Herald Times Reporter, Manitowoc: August 25, 2011 -Page 2a Manitowoc, WI

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CHICAGO - The Wisconsin Interscholastic Athletic Association is constitutionally entitled to sign exclusive contracts for Internet streaming of high school sporting events, a federal appeals court affirmed Wednesday. The decision has national implications for media organizations that hoped to produce online broadcasts of sporting events free from restrictions by state athletic associations. It stems from a lawsuit against the Gannett Co. Inc., parent company of the Herald Times Reporter and The PostCrescent in Appleton, as well as the Wisconsin Newspaper Association. "We conclude that WIAA's exclusive broadcasting agreements for Internet streaming are consistent with the First Amendment," a threejudge panel of the 7th Circuit Court of Appeals decided in a 33-page ruling. Robert Dreps, the Madison attorney who represents The PostCrescent, Gannett and the Wisconsin Newspaper Association, said the ruling mistakenly compared taxpayer-funded high school sporting events with private entertainment acts and professional sports. "The long-term commercialization of high school sports will continue and probably increase," Dreps said.

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broadcasting agreements for Internet streaming are consistent with the First Amendment." A three-judge panel of the 7th Circuit Court of Appeals decided in a 33-page ruling

The appeal court said the news organizations failed to support their First Amendment claims that streaming the sports events is constitutionally protected. "Gannett's theory that coverage and broadcast are identical is ... analytically flawed," the ruling says. "Simply put, streaming or broadcasting an event is not the same thing as reporting on or describing it." The dispute centered only on postseason play because those tournaments are organized and run by the WIAA, which both sides agree is bound by the same rules that apply to government agencies. Media organizations, including The PostCrescent, continue to livestream regular-season sporting events. The judges also supported the WIAA's right to charge a fee to broadcasters who stream contests and said the fee is not a special tax on the press. The judges also ruled that the WIAA does not prohibit media from reporting on events, nor

Unemployment rates for Manitowoc County dip Herald Times Reporter

e

MANITOWOC - July unemployment rates for Manitowoc County were down by 0.6 of a percentage point from the previous month. Unemployment rates in July reached 8 percent compared with 8.6 percent in June, Department of Workforce Development Secretary Scott Baumbach said in a news release Wednesday. "As with the statewide employment estimates released last week, the local preliminary data for July show the impact of the national economic slowdown is reaching many parts of Wisconsin," Baumbach said. "Despite these challenging times, several metro

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areas experienced job growth during the month." Unemployment rates in the city of Manitowoc also were down. In July, unemployment rates reached 9.8 percent cornpared with 10.3 percent in June. All 12 metro areas experienced decreases in their unemployment rates from June to July, as did 69 of 72 counties and 29 of Wisconsin's 31 largest municipalities, the release stated. Pierce County had no change from June to July, and Kenosha and Lincoln counties had slight increases. Menominee County had the highest rate at 20.2 percent, and Dane County had the lowest rate at 5.4 percent.

BIRTHS OUT-OF-TOWN Zachary Dvorak and Susan Mozinski-Dvorak, Centerville, Ga., daughter, Emma Catherine Dvorak, Aug. 19. Grandparents are Richard and Lorene Mozinski, Manitowoc, and Richard and Lynn Dvorak, Whitelaw. Great-grandparents include Norval and Jean Dvorak and Robert Gauger, all of Manitowoc.

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does it charge outrageous fees. The WIAA sued in federal court in 2008 after The Post-Crescent, without asking permission, broadcast online several high school football playoff games, including one between Appleton North and Stevens Point. Last year, Western District Judge William Conley backed the WIAA. In a 51-page ruling, Conley said the WIAA's exclusive contract with a Madisonarea Internet streaming company does not violate the constitutional rights of the news outlets. "Ultimately, this is a case about commerce, not the right to a free press," he wrote. The Post-Crescent, Gannett and the Wisconsin Newspaper Association have the options of asking the full panel of 16 appeals court judges to hear the case, or to petition the U.S. Supreme Court to take it. Dreps said he has been in consultation with executives from the news organization, but no decisions have been made. WIAA spokesman Todd Clark was out of the organization's Stevens Point office Wednesday to attend meetings and unavailable for comment.

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Green Bay Press-Gazette: August 25, 2011 -Page 3a A-3 Green Bay, WI

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Appeals court rules for WIAA

Judges back contracts, fees for streaming games Gannett Wisconsin Media

CHICAGO — The Wisconsin Interscholastic Athletic Association is constitutionally entitled to sign exclusive contracts for Internet streaming of high school sporting events, a federal appeals court affirmed Wednesday. The decision has national implications for media organizations that hoped to produce online broadcasts of sporting events free from restrictions by state athletic associations. It stems from a lawsuit against the Gannett Co. Inc., parent company of the Green Bay PressGazette and The PostCrescent in Appleton, as well as the Wisconsin Newspaper Association. "We conclude that WIAA's exclusive broadcasting agreements for Internet streaming are consistent with the First Amendment," a threejudge panel of the 7th Circuit Court of Appeals decided in a 33-page ruling. Robert Dreps, the Madison attorney who represents The Post-Crescent, Gannett and the Wisconsin Newspaper Association, said the ruling mistakenly compared taxpayer-funded high school sporting events to private entertainment acts and professional sports. "The long-term commercialization of high school sports will continue and probably increase," Dreps said. The appeals court said the news organizations failed to support their First Amendment claims that streaming the sports events is constitutionally protected. "Gannett's theory that coverage and broadcast are identical is ... analytically flawed," the ruling says. "Simply put, streaming or broadcasting an event is not the same thing as reporting on or describing it." The dispute centered only on postseason play because those tournaments are organized and run by the WIAA, which both sides agree is bound by the same rules that apply to government agencies. Media organizations, including The PostCrescent and the PressGazette, continue to livestream regular-season sporting events. The judges also supported the WIAA's right to charge a fee to broadcasters who stream contests and said the fee is not a special tax on the press. The judges also ruled that the WIAA does not prohibit media from reporting on events, nor does it charge outrageous fees. The WIAA sued in federal court in 2008 after The Post-Crescent, without asking permission, broadcast online several high school football playoff games, including one between Appleton North and Stevens Point. Last year, Western District Judge William Conley backed the WIAA. In a 51-page ruling, Conley said the WIAA's exclusive contract with a Madisonarea Internet streaming company does not violate the constitutional rights of the news outlets. "Ultimately, this is a case about commerce, not the right to a free press," he wrote.

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Click on this story at www.greenbaypressgazette .com for our archive of stories on the WIAA lawsuit.


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Due to heavy winds the previous evening, a large number of leaves accumulated in lower areas on the course. The Committee made a temporary Local Rule declaring this Ground Under Repair, and Rule 25-1c(i) will now apply. "If the ball last crossed the outermost limits of the abnormal ground condition at a spot through the green, the player may substitute another ball, without penalty." On to the 14th hole, John is one down and has found one of ney who represents The P-C, Gan- the many bunkers guarding nett and the Wisconsin Newspaper this smallish green. His ball is hiding somewhere Association, said the ruling mistakenly compared taxpayer-funded beneath layers of fallen leaves, high school sporting events to pri- but after a few minutes of vate entertainment acts and profes- searching, Nate locates the ball and tells John he is forced to sional sports. "The long-term commercializa- play the shot without removing tion of high school sports will con- any more leaves. John agrees, but when taking tinue and probably increase," Dreps his backswing, he brushes said. The appeals court said the news some of the leaves. Nate promptly lets him know organizations failed to support its First Amendment claims that he is adding two strokes to his streaming the sports events is con- score. John says there is no stitutionally protected. penalty.

nings from playing. Jennings, Donald Driver, James with West and veteran Brett Swain Reporter, FondJones du Lac: August 25, 2011 1b6 receiving spot, if the Even ifThe the Packers are missfor the No. and Jordy Nelson from -Page ing two of the receivers they inPackers keep that many. last season's Super Bowl-winFond du Lac: WI tend to take into the season, ning team has been augmented Rodgers won't have a shortage by an influx of talented young See PACKERS Page B2

Federal court upholds right of WIAA to charge fees for livestream games Gannett Wisconsin Media

CHICAGO — The Wisconsin Interscholastic Athletic Association is constitutionally entitled to sign exclusive contracts for Internet streaming of high school sporting events, a federal appeals court affirmed Wednesday. The decision has national implications for media organizations that hoped to produce online broadcasts of sporting events free from restrictions by state athletic associations. It stems from a lawsuit against The Post-Crescent, its parent company Gannett Co. Inc., and the Wisconsin Newspaper Association.

ON THE WEB

To read the 7th Circuit Court of Appeals decision, click on this report on www.fdlreporter.com . Go to fdlreporter.com at 6:45 p.m. Friday to watch livestream coverage of Fond du Lac at Kimberly football and join the real-time conversation.

"We conclude that WIAA's exclusive broadcasting agreements for Internet streaming are consistent with the First Amendment," a three-judge panel of the 7th Circuit Court of Appeals decided in a 33-page ruling. Robert Dreps, the Madison attor-

QB Collins heads to Colts INDIANAPOLIS (AP) — No Brett Favre? No problem: The Colts are bringing another veteran quarterback out of retirement, hoping Kerry Collins will be a solid back up plan in case Peyton Manning isn't healed by the regular season. Colts owner Jim Irsay announced the deal with a Twitter posting Wednesday. Manning is still recovering from offseason neck surgery.

BOTTOM LINE

See WIAA Page 82

Prep Football section publishes today The Reporter's 2011 Prep Football section is in today's edition. The section includes a feature on Springs' 1991 State championship team, which is celebrating its 20th anniversary. The section also includes team photos, rosters and schedules for 14 area teams. Preview stories and Week 1 reports are online at www.fdlreporter.com/varsity.

See GUENTHER Page B2

Pack's Grant takes pay cut Packers running back Ryan Grant took a $1 million pay cut and will be paid a base salary of $2.5 million this season, which is the final year of his contract. Under his previous contract, Grant's base salary was scheduled to be $3.5 million this season. However, the Packers could have cut him before the first week of the regular season without owing Grant any more money.

NCAA FOOTBALL: Purdue said Wednesday that QB Rob Henry tore the anterior cruciate ligament in his right knee during practice a day earlier.

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Loss of Hole. John is now Is he correct? ence as you proceed to two down with fourReporter, to play. The Fond Lac: August 25, all-even. 2011 -Page 2b Decisiondu 13-4J18.5 pro17th Now we play the 16th, vides the solution. Because Greg Guenther is the PGA Fond dutheLac:the WIlie. was Continued From -Page 1b where Nate has found altered through Professional at Whispering right bunker, and while he natural causes the shot Springs Golf Club. He can be is deciding which wedge to must be played through reached at (920) 921-8053.

WIAA Continued from Page B1

"Gannett's theory that coverage and broadcast are identical is ... analytically flawed," the ruling says. "Simply put, streaming or broadcasting an event is not the same thing as reporting on or describing it." The dispute centered only on postseason play because those tournaments are organized and run by the WIAA, which both sides agree is bound by the same rules that apply to govern-

Brewers Continued from Page B1

Ryan Braun, who had two hits, led off the ninth with a single, and Prince Fielder followed with a walk but Hanrahan snuffed the rally by striking out Casey McGehee, Yuniesky Betancourt and Jonathan Lucroy in succession.

ment agencies. Media organizations, including The Post-Crescent and the Green Bay Press-Gazette, continue to livestream regular season sporting events. The judges also supported the WIAA's right to charge a fee to broadcasters who stream contests and said the fee is not a special tax on the press. The judges also ruled that the WIAA does not prohibit media from reporting on events, nor does it charge outrageous fees. The WIAA sued in federal court in 2008 after The

Post-Crescent, without asking permission, broadcast online several high school football playoff games, including one between Appleton North and Stevens Point. Last year, Western District Judge William Conley backed the WIAA. In a 51page ruling, Conley said the WIAA's exclusive contract with a Madison-area Internet streaming company does not violate the constitutional rights of the news outlets. "Ultimately, this is a case about commerce, not the right to a free press," he wrote.

With the Brewers trailing 2-0 in the fifth, Grilli relieved Thompson with one out and runners and second and third and escaped trouble by striking out Corey Hart and getting Jerry Hairston Jr. to ground out. Shaun Marcum (11-4) lost for the first time in eight starts since the All-Star break as he gave up two runs and four hits in six innings. He walked three and

struck out four. NOTE: Milwaukee LHP Chris Narveson, who beat the Pirates on Monday night, will not start again until Sept. 3 at Houston because of off days in the schedule Thursday and next Monday. Narveson will work in relief until then, a role he may assume if Milwaukee reaches the postseason - it has no lefthanders in the bullpen.

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cepted or approved by Richards Richardson was down waiting analysis was when the actual Jefferson County for Union, Atkinson: 2011 occurred. -Page 3 BeauFort to come to himAugust and he 26,murder as to the Daily things in the com"didn't get a chance to do it." "Mr. Richards is present when plaint." Fort Atkinson, WI The judge noted that accordit (the homicide) happens," the He pointed out that what is interesting about Koschnick's rul- ing to the complaint, the detec- judge said. "There is no indica-

ness to cooperate in any way. After it happens, he decides at that point to commit the two other crimes charged here." The judge said the other rea-

Koschnick explained in that scenario, Richards' help in concealing the body and in the theft does indicate foreknowledge on Richards' part that a homicide

sary. Based on those assessments, Judge Koschnick made his ruling and denied the motion to dismiss.

Sport associations applaud federal Internet live-streaming ruling By Todd Richmond Associated Press

MADISON — High school athletic associations nationwide say a federal appeals court ruling upholding Wisconsin's right to sell exclusive rights to live-stream games online preserves a lucrative new revenue stream, while newspaper groups fear the ruling could lead to more restrictions on covering games that entire communities follow. The dispute centers around the Wisconsin Interscholastic Athletic Association's exclusive contract with American-HiFi to live stream state tournament games. The WIAA sued in 2008 after the Appleton Post-Crescent newspaper streamed four high school football playoff games on its own.

A federal judge sided with the WIAA last year. On Wednesday, the 7th Circuit Court of Appeals backed him up, saying the First Amendment doesn't guarantee media outlets free broadcasting rights. "It could potentially cause problems down the road," said Paula Casey, executive director of the Arizona Newspaper Association. "(I) could see them infringe on what newspapers can do, if they think they can stand up in court. It could make things very tough for newspapers." High school associations like the WIAA generally oversee extracurricular sports in their state schools, coordinating schedules and tournaments and sanctioning state champions. The squabble in Wisconsin underscores the

sometimes uneasy relationship between the media and the athletic associations over who owns and distributes game accounts, particularly visual images. Tensions have only grown during an Internet age that demands immediate reporting and Web posting. On one side are newspapers whose readers depend on them for accounts of their favorite teams as they compete for championships. On the other are athletic associations trying to maximize revenue to cover rising costs that include renting facilities, paying staff and hiring security for state tournaments for everything from football to swimming. The Arizona Interscholastic Association, for example, spent about $2.5 million to hold

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eration of State High School Associations. "(The ruling) allows not only Wisconsin but other states to do what they've been doing." But newspapers fear the ruling could embolden the associations to cut off more journalists' access. For example, they may decide to prohibit newspaper photographers from selling pictures of the game to parents or others and use their own official photographers, which is already a touchy issue, said Stephen Key, executive director and general counsel for the Hoosier State Press Association in Indiana. "We may see another outbreak of infighting between newspapers and associations on that issue," he said. "Selling photos is a revenue stream. We're talking hundreds of dollars, not thousands of dollars, covering all the games. But for the newspapers it is more about control over the content they create." The associations said things won't come to that. Todd Clark, a spokesman for the Wisconsin association, said the idea to gener-

ate as much exposure for student athletes as possible. The federal ruling applies only to live streaming, not other mediums, he said. "At some point there's common sense involved in all of this," he said. The decision itself reads that "... the media are free under the (WIAA's) policy to talk and write about the events to their hearts' content. What they cannot do is to appropriate the entertainment product that WIAA has created without paying for it. ... nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances." Donald Downs, a professor of political science, law and journalism at the University of Wisconsin-Madison, said that essentially means the media can report on games but cannot broadcast or stream them from beginning to end. "As long as this opinion is applied in a conscientious way, it seems like the damage would be limited. It's only the streaming," Downs said.

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state tournaments during the year that ended in July 2011. At least a dozen associations around the country have set up exclusive web streaming, and it's growing in popularity. The Arizona Interscholastic Association, for example, generated $150,000 over the first four months of exclusive streaming in 2009 and reported 1.6 million streams in December of that year alone, according to court documents. The associations hailed the decision as an affirmation of their business practices, likening live streaming to television contracts. They say exclusivity allows them to pay for tournaments for less popular sports, reduces the number of cameras on the field or court, protecting players and officials. And they insist reporters and photographers can continue to cover the games in a traditional sense — just not broadcast them from start to finish for free. "It's important that (the associations are) able to continue to craft their own deals for the best coverage," said Bruce Howard, a spokesman for the National Fed-

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talk about jobs. Ryan hasn't been in the Kenosha office since the Daily Jefferson County Union, August 25, 2011 -Page 3 demonstration began. His staff has offered to Fort set upAtkinson: a conference call with Ryan or have the group submit a written request to meet Fort Atkinson, WI with the congressman in the future. The Kenosha News have declined those offers. bA similar sit-in at Ryan's Racine office has been allowed to continue.

Court: No right to stream live games

END OF SUMMER — Summer vacation officially ended for the students at St. Peter's Lutheran School in Helenville with the first day of classes Wednesday. Pictured clockwise from above left are scenes from the first day of school: Kindergartners Jon Ellifson, Austin Mathson and Hannah Roth work on colors and positions with teacher Kathy Pautz; Second-grader Keegan Lamp cuts out a tracing of his hand; Third-grader Tyler Danielson helps Tim Walsh, also a third-grader, trace his hands for a time capsule the students will be making and checking again at the end of the school year; The fifth- and sixth-grade class, led by teacher Nancy Kanter, works on parts of speech; In the school's new childcare area, Ashley Tews and Ashlyn Jones read together; Paige Barnhart, an eighth-grader, raises her hand to answer a question; Jacob Danielson plays with a fire truck and helmet in the childcare area; Sixth-grader Esdon Lemke, at his desk, prepares to throw "brick" boxes for a class activity on parts of speech; Sixth-grader Jeremy Wagie, who is ready to participate in the same parts of speech activity, prepares to throw "brick" boxes for a class activity on parts of speech. Related photos appear on page 3. View all available photos at www.dailyunion.com . — Daily Union photos by Pam Chickering Wilson.

MILWAUKEE — The association that oversees Wisconsin high

school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide. The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them. The case began in 2008, when the sports association sued The Post-Crescent, an Appleton newspaper, for streaming live coverage of its high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single video-production company for streaming its tournaments. After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association. The appeals court ruled that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players and coaches, and air up to two minutes of live video coverage of any game. Media outlets were only restricted from broadcasting entire games live. "WIAA has the right to package and distribute its performance," the justices wrote. "Nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances." Bob Dreps, epresenting Gannett and the Wisconsin Newspaper Association, disagreed, contending that the WIA represents public high schools and should allow unrestricted media coverage.

Weather service confirms two tornadoes NEILLSVILLE — The National Weather Service confirms that a couple of tornadoes touched down in Wisconsin, damaging houses, barns and trees. The weather service says an EF2 tornado with winds of 135 mph hit Clark County near Chili about 5 p.m. Tuesday. A weaker, EFO tornado touched down about 7 p.m. in Shawano County. Authorities say the storm that rolled through central Wisconsin was a factor in the death of a man in hospice care. Clark County emergency management director Michelle Hartness says the unidentified man died after the storm knocked out power to his oxygen machine. The man was being cared for at a home in Granton.

Rhythm on the River set (Continued from page 1) walk. The popular country show band voted as the "Local Group of the Year" for the past nine years, Madison County will be performing from 7 to 11 p.m. Rhythm on the River is one of the biggest fundraising events for the Fort Atkinson Area Chamber of Commerce; it helps keep membership fees down and funds promotions for community events throughout the year. Admission is free. One of the new features this year is the wide expansion of the beverage menu. In addition to serving domestic beers, soda and water, the event will be offering six different microbrews on tap, including a hard cider, and a variety of wines from which to choose. Welsh said the microbrew bar will include New Glarus Spotted Cow and Totally Naked, Potosi Czech Style Pilsner, Tyranena Rocky's Revenge, O'so Hop Dinger, and Hard Perry Pear Cider served over ice. Wine offerings will include White Zinfandel, Pinot Noir, and Pinot Grigio. The main bar will include Bud, Bud Light, Bud Lime, and Busch non-alcoholic beer. Other beverage offerings will include a variety of Pepsi products and bottled water. Tickets for beverages will be sold in $1 increments. Soda and water will be $1, domestic beers $3, wine $4, and microbrews $5. Rhythm on the River can coolies will be available for $1 each.

An expanded food court with local area vendors will be serving specialty items. The food vendors at the "Taste of Fort" will include Sammy's Place, City Limits Restaurant & Banquet Hall, Pizza Villa, Ken & Betty's, Ziggy's Popcorn Wagon, Optimist Club of Fort Atkinson and the Fort Atkinson Music Boosters Association. Rhythm on the River is made possible by the following at the various sponsorship levels: Gold, Johnson Bank; Silver, Nasco Catalog Outlet & Arts & Crafts Stores, MK Cellular and We Energies; Bronze, Ball Corporation, Fort Community Credit Union, Hausz Brothers, JM Carpets, PremierBank, Spacesaver Corporation, Stop-N-Go, Unity Health Insurance, Vance, Wilcox & Short, S.C., Wear Attire LLC, and Wilma Haukom (in memory of Al Haukom). The event also is made possible with support from Badger Basement Systems, Black Hawk Tavern & Grill, Capn's Steakhouse & Saloon, Creature Comforts Veterinary Service LLC, Jones Dairy Farm, Maas Brothers Construction Co., Riverview Manor Apartments and Rock River Dental, as well as sponsor support from the Fort Atkinson Area Chamber of Commerce Tourism Department for The Balloon Guy. Media sponsors include WFAW/KOOL FM 106.5, Daily Jefferson County Union, Jefferson County Advertiser and Opportunities Inc.'s Print Services.

NEW SUBSTITUTE TEACHER MEETING The School District of Fort Atkinson will be holding an informational meeting on Tuesday, August 30th from 4:00-4:30 p.m. for new individuals who would like to be added to our 2011-12 short term substitute teacher list. A Bachelor's (4 year) Degree is required. Applicants must hold (or be willing to obtain) a current substitute teaching license or current Wisconsin teaching license. The meeting will be held at the Luther Administration Building, 201 Park Street and will cover the AESOP sub management system and application process. Interested applicants who are unable to attend the meeting may call the Director of Instruction's office at 920-563-7802 for a complete job description, application forms and information packet. Substitute teachers who were employed with the district in the 2010-11 school year are not required to attend. Your profile will automatically be carried over into the 2011-12 school year unless you did not accept at least one assignment during the previous year. THE SCHOOL DISTRICT OF FORT ATKINSON IS AN EQUAL OPPORTUNITY EMPLOYER. WNAXLP

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South, West leading in marriages, divorces (Continued from page 1) posting lower than average divorce rates. The Census Bureau report attributed the lower rates of divorce in the Northeast in part to delayed marriage in those places, which decreased the likelihood of marital discord down the road. "Surprisingly, the South and West, which we think of as more socially conservative, have higher rates of divorce than does the supposedly liberal East," said Andrew Cherlin, a professor of sociology and public policy at Johns Hopkins University. "The reason is that young adults in the South and West tend to have less education and marry earlier, both of which lead to a higher risk of divorce." "The South and West also have many migrants from other parts of the region who have left their social support networks behind. When they have marital problems, they have fewer people to turn to for help," he added. As to the age at first marriage, the Census Bureau found that men and women were now join-

ing in wedlock later and across a greater range of ages. For instance, in 1970, more than half of men, 57 percent, were between the ages of 20 and 24 when they first married. By 2009, the age distribution was much wider, with 24 percent marrying between the ages of 20 and 24, 34 percent marrying between the ages of 25 and 29, 20 percent marrying between the ages of 30 and 34, and 9 percent marrying between the ages of 35 and 39. Similarly for women, in 1970, 42 percent of women were teens when they married, and by the age of 24 about 88 percent of women had a first marriage. By 2009, the shares had dropped to 7 percent and 38 percent, respectively. As a whole, since 1970, the median age at first marriage increased from 22.5 years to 28.4 for men and from 20.6 years to 26.5 for women. Pamela Smock, a sociology professor at the University of Michigan, said the rising median age of first marriage is a reflection in

part of the proliferation of new types of family groups, including couples who choose to live together and/or have children outside of marriage. "People are no longer following some lockstep script about when it is time to get married," she said. As a whole, marriages are now at a record low, with just 52 percent of adults 18 and over saying they were joined in wedlock, compared with 57 percent in 2000, according to census data released last September. The never-married included 46.3 percent of young adults 25-34 — the first time the share of never-married young adults exceeded those who were married, 44.9 percent, with the rest being divorced or widowed. Marriages have been declining for years due to rising divorce, more unmarried couples living together and increased job prospects for women. But analysts say younger people also may now be increasingly choosing to delay marriage as they struggle to find work and resist

making long-term commitments in the recent recession. Other findings: —Recently divorced women and their children who typically lived with them were more financially strained compared with others, having higher poverty rates, lower incomes and greater use of public assistance despite higher rates of participation in the labor force. —Roughly 1.1 million children, or 1.5 percent of all children, lived in 2009 in the home of a parent who divorced in the previous year. —Delaware and Wyoming ranked at the top for states with more widowers (5.4 per 1,000 men), while Hawaii had the most widows (10.3 per 1,000 women). The census analysis is based on 2009 data from the American Community Survey, which sampled 3 million households. It is the first to describe detailed information on marriages and divorces from this survey after the National Center for Health Statistics stopped collecting such data in 1996.


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Leader-Telegram, Eau Claire: August 26, 2011 -Page 2c Eau Claire, WI

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Praise, concern Court won't close Chicago locks over carp follow court's Internet ruling Live streaming of prep sports events by media limited MADISON (AP) — High school athletic associations nationwide say a federal appeals court ruling upholding a Wisconsin organization's right to sell exclusive rights to live-stream games online preserves a lucrative new revenue stream, while newspaper groups fear the ruling could lead to more restrictions on reporting games that entire communities follow. The dispute centers around the Wisconsin Interscholastic Athletic Association's exclusive contract with AmericanHiFi to live stream state tournament games. The WIAA sued in 2008 after the Post-Crescent newspaper in Appleton streamed four high school football playoff games on its own. A federal judge sided with the WIAA last year. On Wednesday, the 7th Circuit Court of Appeals backed it up, saying the First Amendment doesn't guarantee media outlets free broadcasting rights. At least a dozen high school athletic associations around the country have developed exclusive live-streaming contracts similar to the WIAA's. They breathed a sigh of relief Thursday, saying the ruling preserves a key money maker that generates enough income to maintain state championship tournaments. The Arizona Interscholastic Association, for example, generated $150,000 through its exclusive livestreaming in just its first

four months of operation in 2009. "It affirms how we operate," said AIA associate executive director Chuck Schmidt. "I think the state associations are very pleased." But newspaper groups are concerned the ruling could embolden associations to curtail their access to games in favor of the associations' own reporters and photographers, robbing them of game coverage they say is crucial to their readership. "I could see them infringe more and more on what newspapers do," said Paula Casey, executive director of the Arizona Newspaper Association. "It could make things very tough." WIAA spokesman Todd Clark said the ruling is about live-streaming and no one wants to exclude the media completely. "At some point there's common sense involved in all of this," Clark said. Donald Downs, a professor of political science, law and journalism at UW-Madison, said he doesn't believe the ruling grants associations carte-blanche authority to decide who can and can't cover games. The ruling draws a line between covering an event and broadcasting it in its entirety, he said. "As long as this opinion is applied in a conscientious way, it seems like the damage would be limited. It's only the streaming," Downs said. "(But) I wouldn't want this case to bleed any further. The newspapers are right to be concerned about it. They don't want the line to be blurred any further."

Frozen chicken, hot car not a good mix Dear Abby: My husband bought a bag of individually wrapped frozen chicken breasts during his lunch break. After work, we took our kids to a concert and didn't return home until 8 p.m. The bag of chicken was in his trunk for seven hours on a hot summer day. My husband thought it was OK to refreeze the meat and feed it to our kids, ages 6 and 2. I adamantly disagreed. What are your thoughts? We've had this argument before. — No Way! in San Jose Dear No Way!: Your husband is seriously off base. According to the U.S. Department of Agriculture, "cold food" — such as chicken, fish and any raw meat — should be bought just before leaving the market, and the shopper should plan to drive directly home. Always refrigerate perishable food within two hours, and when the temperature is above 90 degrees Fahrenheit, it should be refrigerated within one hour. Food left in the car for the length of time your husband did no longer is fit for human consumption and could have made your children seriously ill. Readers, for the answers to food safety questions, the U.S. Department of Agriculture can be contacted on the Internet at AskKaren.gov. Submit a question there and it will be answered. The USDA also has a Meat and Poultry Hotline, 888-6746854, which is open 9 a.m. to 3 p.m. CDT Mondays through Fridays. Dear Abby: Many letters you print come from

TRAVERSE CITY, dreaded fish's path. River toward Lake Michi Mich. (AP) — A federal gan, from which it could The 7th U.S. Circuit appeals panel WednesCourt of Appeals in Chi- spread to the rest of the day refused to order clo- cago became the lat- Great Lakes. sure of shipping locks est of several courts to The states have a pend on Chicago-area water turn down a plea from ing lawsuit against the ways to prevent Asian five states for immediU.S. Army Corps of Engicarp from invading the ate shutdown of the locks neers and the Chicago Great Lakes, but warned and a quicker timetable water reclamation district that it might reconsider for other steps to halt the that calls for permanently if the government lags carp's northward march severing a century-old, in its efforts to block the from the Mississippi man-made link between

SOOT • SMOKE • FIRE • WATER SPECIALISTS Residential & Commercial

women who seem shocked because they've ended up with men who have little or no character. However, I never have dated a man who could hide his true colors longer than six months. You often advise these women to seek counseling or an attorney, but for the millions of women who haven't yet made these mistakes, how about a shout-out for prevention? Amazingly, not getting legally attached and not allowing yourself to become pregnant by a man you've known only a few weeks isn't considered common sense anymore. The heart is ungovernable, but people do have absolute control over using birth control and getting married. What percentage of women's problems do you think could be avoided if, for the first year of dating someone, they used birth control 100 percent of the time and didn't rush to get married? — Perplexed in Peoria Dear Perplexed: I'd say about 50 percent, but I may be underestimating by a long shot. Write Dear Abby at DearAbby.com or P.O. Box 69440, Los Angeles, CA 90069. Universal Press Syndicate

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Dear Abby

the Mississippi and Great Lakes drainage basins. They had sought a court order to close the locks, which could provide a pathway to Lake Michigan for the carp, while their suit works through the courts. With the appeals panel's ruling, that prospect appears remote.

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Court: Game coverage limited Newspaper's appeal over video coverage of prep sports games tests First Amendment

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MILWAUKEE (AP) — The association that oversees Wisconsin high school sports can limit who streams its games live on the Internet, even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide. The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them. The case began in 2008, when the sports association sued The Post-Crescent, an Appleton newspaper, for streaming live coverage of its high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single video-production company for streaming its tournaments.

nonball act at a state fair. Hugo Zacchini asked a reporter not to film the routine, but the reporter did so anyway and played the entire act on the evening news. The U.S. Supreme Court ruled in Zacchini's favor, saying the journalist could have complied by reporting on the event without filming it. That decision "makes clear that the producer of entertainment is entitled to charge a fee in exchange for consent to broadcast," the appeals court wrote. "The First Amendment does not give the media the right to appropriate, without consent or remuneration, the products of others." Todd Clark, a spokesman for the Wisconsin Interscholastic Athletic Association, said he was happy with Wednesday's decision. "We're looking forward to working with newspapers and the media cooperatively as we have historically," he said. Other athletic associations and newspaper groups have been closely watching the Wisconsin case, and the decision could lead to litigation in other states. It's unlikely, however, that college sports will be greatly affected. The NCAA, which many state associations try to closely mirror, was ruled a private entity by the U.S. Supreme Court nearly 25 years ago in a case involving then-UNLV coach Jerry Tarkanian, who sued the association, claiming it had tried to drive him out of basketball. The Associated Press had pledged financial support to the newspaper association and Gannett if the Wisconsin case goes to trial.

Study: Health overhaul will cover more MADISON (AP) — The federal health care overhaul signed into law last year will drastically cut the number of uninsured Wisconsin residents by 2016 but will drive up premiums for some customers and could cause some companies to drop coverage for their employees, a report released Wednesday found. Former Democratic Gov. Jim Doyle's administration hired Massachusettsbased Gorman Actuarial and Massachusetts Institute of Technology economist Jonathan Gruber last year to study the effects of health care reform on Wisconsin markets. The state used federal planning grants to pay for the report. According to the study, the changes will result in a 65 percent decrease in the number of uninsured people in the state, from 520,000 now to about 180,000 by 2016. The report attributed the drop to mandates that people buy health insurance and tax credits to offset the cost of premiums and make insurance more affordable. The mandates are among key aspects of the over-

haul being challenged in court. If the mandates are repealed, only about 62,000 people would gain coverage, the report projected. About 90 percent of individuals without employer-sponsored or public insurance will see premium increases averaging 41 percent, the study predicted. The increases will come largely because of high-risk people moving into the individual market, reform provisions that guarantee coverage for them and new minimum coverage requirements. Tax subsidies should mitigate those increases, however. Once they take effect, about 60 percent of the individual market will see their premiums go up 31 percent. About 41 percent of the individual market will see their premiums drop about 56 percent. About 53 percent of people insured through small employers, defined as companies with fewer than 50 workers, will see premiums go up an average of 15 percent. The study attributed those increases to provisions that eliminate carriers' ability

to use people's health status to rate them. About 23,000 people will lose coverage, largely because employers faced with rising costs eliminate benefits, the report projected. State Department of Health Services Secretary Dennis Smith — appointed by Republican Gov. Scott Walker — issued a statement saying the study reveals major shortcomings in the federal plan. In an interview he said the report shows costs will only climb as more public dollars flow through the private insurance industry. "We have one of the lowest uninsured rates and one of the most robust insurance marketplaces in the nation, all achieved without federal mandates," Smith said in a statement.

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State Rep. Jon Richards, D-Milwaukee, a member of the Assembly's health committee, said the report shows more people will be insured and receive better coverage under the changes, but Walker's administration doesn't want to move away from the status quo. "They just want to stay with what we have," he said, "which is costing people an arm and a leg and providing people with worse insurance every year."

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After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association. The appeals court ruled that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to Court cover the games, inruling on terview players and WIAA sports coaches, and air up coverage: to two minutes of Leader live video coverage Telegram. of any game. Media com/links outlets were restricted from only broadcasting entire games live. "WIAA has the right to package and distribute its performance," the justices wrote. "Nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances." Bob Dreps, the attorney representing Gannett and the Wisconsin Newspaper Association, disagreed, contending the sports association represents public high schools and therefore should be open to unrestricted media coverage. "We're disappointed in the decision's failure to distinguish taxpayer-funded high school sports from professional sports in any meaningful way. These are governmentsponsored events," Dreps said. He said his clients hadn't decided whether to appeal. The court based its decision on a 1977 case in which a man who performed a 15-second human-can-

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Oklahoma farmer Willard Tillman is grateful. He says Daily News: August 25, is 2011 what little Beloit hay farmers have down there low-Page quality6a Beloit, and overpriced. HeWI says family farms are at risk of going out of business, and he hopes Wisconsin's help makes a difference.

touched down in Wisconsin, damaging houses, barns and trees. The weather service says an EF2 tornado with

touched down about 7 p.m. in Shawano County. Authorities say the storm that rolled through central Wisconsin was a

tor Michelle Hartness says the unidentified man died after the storm knocked out power to his oxygen machine. The man was

damage Wednesday found four destroyed homes. The Town of Fremont is considering opening a volunteer reception area.

Court: No 1st Amendment right to stream live games MILWAUKEE (AP) - The association that oversees Wisconsin high school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide. The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive con-

tracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them. The case began in 2008, when the sports association sued The Post-Crescent, an Appleton newspaper, for streaming live coverage of its high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the newspapers say they need

easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single videoproduction company for streaming its tournaments. After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association. The appeals court ruled

that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players and coaches, and air up to two minutes of live video coverage of any game. Media outlets were only restricted from broadcasting entire games live.

"WIAA has the right to package and distribute its performance," the justices wrote. "Nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances." Bob Dreps, the attorney representing Gannett and the Wisconsin Newspaper Association, disagreed, contending that the sports association represents public high schools and should

therefore be open to unrestricted media coverage. "We're disappointed in the decision's failure to distinguish taxpayer-funded high school sports from professional sports in any meaningful way. These are government-sponsored events," Dreps said. He said his clients hadn't decided whether to appeal.

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he insists it was only a reTheBradley Post-Crescent, Appleton: August 27, 2011 -Page 3a flex and Walsh said she never felt him Appleton, WI squeeze. Prosser's spokesman, See COURT, A-6

Sports groups applaud ruling Appeal allows regulation of online streaming By Todd Richmond Associated Press

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MADISON â&#x20AC;&#x201D; High school athletic associations nationwide say a federal appeals court ruling upholding Wisconsin's right to sell exclusive rights to live-stream games online preserves a lucrative new revenue stream. Newspaper groups, meanwhile, fear the ruling could lead to more restrictions on covering games that entire communities follow. The dispute centers on the Wisconsin Interscholastic Athletic Association's exclusive contract with American-HiFi to livestream state tour- ON THE nament WEB games. Documents: The WIAA Read a copy of sued in the ruling / post 2008 after crescent.com The PostCrescent streamed four high school football playoff games on its own. A federal judge sided with the WIAA last year. On Wednesday, the 7th Circuit Court of Appeals backed him up, saying the First Amendment doesn't guarantee media outlets free broadcasting rights. It could cause problems down the road, said Paula Casey, executive director of the Arizona Newspaper Association. "(I) could see them infringe on what newspapers can do, if they think they can stand up in court," Casey said. "It could make things very tough for newspapers." High school associations like the WIAA generally oversee extracurricular sports in their state schools, coordinating schedules and tournaments and sanctioning state champions. The squabble in Wisconsin underscores the sometimes uneasy relationship between the media and the athletic associations over who owns and distributes game accounts, particularly visual images. Tensions have only grown during an Internet age that demands immediate reporting and Web posting. On one side are newspapers whose readers depend on them for accounts of their favorite teams as they contend for state championships. On the other are athletic associations trying to maximize revenue to cover rising costs that include renting facilities, paying staff and hiring security for state tournaments for everything from football to swimming. The Arizona Interscholastic Association, for example, spent about $2.5 million to hold state

See RULING, A

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were in Walsh Bradley's als of holding up the deciProsser told detectives Post-Crescent, August 2011 -Page 6a chambers at The the state Capi- sion and Appleton: told Abrahamson that27, Walsh Bradley doesn't tol on June 13 when Pross- he had no confidence in like him and that she "exAppleton: . Continued 3a er and the rest of the four-WI her leadership. From -Page ploded" out of her inner ofjustice conservative facWalsh Bradley said she fice and charged at him tion entered. Prosser want- got up and walked toward with her fist when he ques-

along ideological lines in "To say that Prosser their accounts of what hap- choked her is bizarre," pened in Walsh Bradley's Gableman said. office, just as they do on Roggensack, another almost every major court conservative, said both opinion. Prosser and Walsh Bradley

times a year and once said all judges and police in Dane County are corrupt, he said. "It's like he's paranoid or something," Crooks said.

RULING: Associations say journalists may still cover games From A-3 tournaments during the year that ended in July 2011. At least a dozen associations around the country have set up exclusive web streaming, and it's growing in popularity. The Arizona Interscholastic Association, for example, generated $150,000 over the first four months of exclusive streaming in 2009 and reported 1.6 million streams in December of that year alone, according to court documents. The associations hailed the decision as an affirmation of their business practices, likening live streaming to television contracts. They say exclusivity allows them to pay for tournaments for less popular sports, reduces the number of cameras on the field or court, protecting players and officials. And they insist reporters and photographers can continue to cover the

games in a traditional sense — just not broadcast them from start to finish for free. "It's important that (the associations are) able to continue to craft their own deals for the best coverage," said Bruce Howard, a spokesman for the National Federation of State High School Associations. "(The ruling) allows not only Wisconsin but other states to do what they've been doing." But newspapers fear the ruling could embolden the associations to cut off more journalists' access. For example, they may decide to prohibit newspaper photographers from selling pictures of the game to parents or others and use their own official photographers, which is already a touchy issue, said Stephen Key, executive director and general counsel for the Hoosier State Press Association in Indiana. "We may see another

outbreak of infighting between newspapers and associations on that issue," he said. "Selling photos is a revenue stream. We're talking hundreds of dollars, not thousands of dollars, covering all the games. But for the newspapers it is more about control over the content they create." The associations said things won't come to that. Todd Clark, a spokesman for the Wisconsin associa-

tion, said the idea to generate as much exposure for student athletes as possible. The federal ruling applies only to live streaming, not other mediums, he said. "At some point there's common sense involved in all of this," he said. The decision itself reads that "... the media are free under the (WIAA's) policy to talk and write about the events to their hearts'

content. What they cannot do is to appropriate the entertainment product that WIAA has created without paying for it. ... nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances." Donald Downs, a professor of political science, law and journalism at the University of WisconsinMadison, said that essentially means the media

can report on games but cannot broadcast or stream them from beginning to end. "As long as this opinion is applied in a conscientious way, it seems like the damage would be limited. It's only the streaming," Downs said. "(But) I wouldn't want this case to bleed any further. The newspapers are right to be concerned about it. They don't want the line to be blurred any further."

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MORNING TICKER Headlines from around the nation and around the world

Court: WIAA entitled to charge for livestreaming News groups cannot broadcast postseason games for free The Post-Crescent

CHICAGO — The Wisconsin Interscholastic Athletic Association is constitutionally entitled to sign exclusive contracts for Internet streaming of high school sporting events, a federal appeals court affirmed Wednesday. The decision has national implications for media orga-

ON THE WEB To read the 7th Circuit Court of Appeals decision, click on this

report on postcrescentcom. nizations that hoped to pro-

duce online broadcasts of sporting events free from restrictions by state athletic associations. It sterns from a lawsuit against The Post-

TODAY'S LIVESTREAM at www.postcrescent.com

WHAT IT MEANS News organizations are prevented from livestreaming WIAA postseason sporting events without paying fees, and can be prevented from livestreaming events that are part of the WIAA's exclusive postseason coverage deal. The Post-Crescent and other Gannett Wisconsin Media news organizations, however, continue to provide livestream coverage of regular season events. Go to postcrescent.com beginning at 6:45 p.m. Friday to watch livestream coverage of Fond du Lac at Kimberly football, and join the real-time conversation.

Post-Crescent wire services

GOOD MORNING, FOX VALLEY Today's Best Bets

Local A-3 Our TV listings, comics,

www.postcrescent.com

in Libya before the war are eager to get back when things calm down. The speed of the reboot will depend on the damage done to refineries and port facilities. /C-3

Marathon Mike Heidke. Viewers can comment and ask questions in real time.

Crossword 8-7 2

» OIL: Libya could restore oil production within six months: U.S. companies that operated

NEWSMAKERS, a weekly online conversation: Every Thursday, a newsmaker from the Fox Valley is interviewed live. At 1 p.m. today, we'll talk

to two-time defending champion of the Fox Cities

Business A-8 Vitals A-2 Classified B-6 Weather C-4 Community C-1 Weekend Inside 11 4 0 01 51 5 7

after a 5.8 earthquake, residents up and down the coast are sizing up their damaged homes, and looking to repair toppled chimneys, sunken carports and sagging foundations. / C-3

Crescent, its parent company "We conclude that WIAA's Gannett Co. Inc., and the Wis- exclusive broadcasting consin Newspaper AssociaSee GAMES, A-6 tion.

Index

7

» EARTHQUAKE: Cleanup continues on the East Coast: A day

Markets A-7 bridge column and Obituaries C-5 horoscope are in Sports B-1 today's Weekend.

FINAL HOMESTAND Aug 24-30

IMBERRATTLERS.COM cl,Bi 'A' Affiliate of the Milwaukee HI•IVerS

more at www.postcrescent.com

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Series Highlights August 25-28 THUR 7:05p Country Western Night yr/ a Monkey Cowboy Appearance!, 101.1 WIXX Thirsty Thursday FRI 7:05p North Shore Bank FAMILY NIGHT w/ 95.9 KISS FM - Kids (12 & under) Eat FREE, Fazoli's Kids Run the Bases After the Game, Post-Game Fireworks)

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igh- the expanded and moddent of St. Elizabeth Hos- to other new facilities focus will turn to the canense ernized emergency The Post-Crescent, August that 25, will 2011 be used-Page for out-6a cer center. depital, saidAppleton: the current ER imi- partment. Hospital offipatient about 27,000 pa--Page — Larry Avila: 920-993-1000, ext. Appleton: WIhandles . Continued From 1apre-surgical procials hope it will be open tients annually and origi- cedures. Andersen said 292, or lavila@posicrescent corn; age by fall. that will allow the prenally was designed to On Twitter @LarryAvila nce yerrage ker, g up ding protected. the WIAA does not prohib- mately, this is a case oun- From A-1 "Gannett's theory that it media from reporting about commerce, not the Reonal agreements for Internet coverage and broadcast on events, nor does it right to a free press," he wrote. more streaming are consistent are identical is ... analyti- charge outrageous fees. with the First Amend- cally flawed," the ruling The WIAA sued in fedThe P-C, Gannett and 0. m to ment," a three-judge says. "Simply put, stream- eral court in 2008 after the Wisconsin Newspaper e for panel of the 7th Circuit ing or broadcasting an The P-C, without asking Association have the opand Court of Appeals decided event is not the same permission, broadcast on- tions of asking the full thing as reporting on or line several high school panel of 16 appeals court buy in a 33-page ruling. Robert Dreps, the Madi- describing it." football playoff games, judges to hear the case, or mers The dispute centered including one between to petition the U.S. tax son attorney who reprepre- sents The P-C, Gannett only on postseason play be- Appleton North and Supreme Court to take it. and the Wisconsin News- cause those tournaments Stevens Point. Dreps said he has been . Last year, Western Dis- in consultation with execsur- paper Association, said are organized and run by nies the ruling mistakenly the WIAA, which both trict Judge William Con- utives from the news or500 compared taxpayer-fund- sides agree is bound by the ley backed the WIAA. In a ganization, but no decihou- ed high school sporting same rules that apply to 51-page ruling, Conley sions have been made. WIAA spokesman Todd nies events to private enter- government agencies. said the WIAA's exclusive d to tainment acts and profes- Media organizations, in- contract with a Madison- Clark was out of the orgacluding The P-C and the area Internet streaming nization's Stevens Point fter sional sports. "The long-term com- Green Bay Press-Gazette, company does not violate office Wednesday to atefits per- mercialization of high continue to livestream reg- the constitutional rights tend meetings and unent school sports will contin- ular season sporting of the news outlets. "Ulti- available for comment. del- ue and probably in- events. The judges also supportarch crease," Dreps said. The appeals court said ed the WIAA's right to say the news organizations charge a fee to broadcastally failed to support their ers who stream contests GROUND BEEF 80% LEAN $1.99 LB. con- First Amendment claims and said the fee is not a BONE IN RIBEYE STEAKS be- that streaming the sports special tax on the press. $5.49 LB. ract events is constitutionally The judges also ruled that WHOLE BONE IN RIBEYE CUT FREE' , $4.99 LB. that BONELESS CHICKEN BREAST $1.99 LB. petiCOUNTRY STYLE SPARE RIBS $1.49 LB. .

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MADISON, Wis. (AP) — High school athletic associations nationwide say a federal appeals court ruling upholding Wisconsin's right to sell exclusive rights to livestream games online preserves a lucrative new revenue stream, while newspaper groups fear the ruling could lead to more restrictions on covering games that entire communities follow. The dispute centers around the Wisconsin Interscholastic Athletic Association's exclusive contract with AmericanHiFi to live stream state tournament games. The WIAA sued in 2008 after the Appleton Post-Crescent newspaper streamed four high school football playoff games on its own. A federal judge sided with the WIAA last year. On Wednesday, the 7th Circuit Court of Appeals backed him up, saying the First Amendment doesn't guarantee media outlets free broadcasting rights. "It could potentially cause problems down the road," said Paula Casey, executive director of the Arizona Newspaper Association. "(I) could see them infringe on what newspapers can do, if they think they can stand up in court. It could make things very tough for newspapers." High school associations like the WIAA generally oversee extracurricular sports in their state schools, coordinating schedules and tournaments and sanctioning state champions. The squabble in Wisconsin underscores the sometimes uneasy relationship between the media and the athletic associations over who owns and distributes game accounts, particularly visual images. Tensions have only grown during an Internet age that demands immediate reporting and Web posting. On one side are newspapers whose readers depend on them for accounts of their favorite teams as they compete for championships. On the other are athletic associations trying to maximize revenue to cover rising costs that include renting facilities, paying staff and hiring security for state tournaments for everything from football to swimming. The Arizona Interscholastic Association, for example, spent about $2.5 million to hold state tournaments during the year that ended in July 2011. At least a dozen associations around the country have set up exclusive web streaming, and it's growing in popularity. The Arizona

Interscholastic Association, for example, generated $150,000 over the first four months of exclusive streaming in 2009 and reported 1.6 million streams in December of that year alone, according to court documents. The associations hailed the decision as an affirmation of their business practices, likening live streaming to television contracts. They say exclusivity allows them to pay for tournaments for less popular sports, reduces the number of cameras on the field or court, protecting players and officials. And they insist reporters and photographers can continue to cover the games in a traditional sense — just not broadcast them from start to finish for free. "It's important that (the associations are) able to continue to craft their own deals for the best coverage," said Bruce Howard, a spokesman

Milwaukee to host U.S. Guard meet MILWAUKEE (AP) — Army and Air Guard officers from around the nation are expected in Milwaukee for a National Guard conference. More than 3,000 Army and Air Guard officers and their guests are attending the 133rd General Conference and Exhibition from Saturday through Monday at the Frontier Airlines Center. They from all 50 states, Guam, Puerto Rico, the U.S. Virgin Islands and the District of Columbia. They're expected to set a legislative agenda and elect new members to their board of directors. Among the speakers are two generals recently confirmed by the Senate for senior leadership positions, the head of the Air Force, the commander overseeing U.S. ' operations in Libya and the National Guard's ranking officer. VISIT Milwaukee estimates the economic impact will be $6.5 million for the area.

MADISON (AP) -- Madison police are joining other-. city leaders in opposing the annual Mifflin Street block' party. They say the alcoholfueled event leads to violence" and exorbitant police costs. A police report on the 2011 event says the block party " simply cannot continue." The 42-year-old event takes place near the end of the University of WisconsinMadison school year. The ' report 'says this year's party was marred by violence that included two stabbings, three sexual assaults, three injured, officers and 162 arrests.

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40 acres are burned in blaze near Peshtigo TOWN OF PESHTIGO, Wis. (AP) — Marinette County officials say a wildfire has burned at least 40 acres and could take days to put out. There have been no reports of injuries or structure damage. Town of Peshtigo Chairman Herman Pottratz says the fire broke out Thursday about 3 p.m. It started in a field between Peshtigo and Marinette and spread to nearby forested areas. Pottratz tells the Green Bay Press-Gazette the blaze was "really bad" and that it produced an audible crackling. Officials with Marinette County Emergency Management say the fire was contained by 8 p.m. But they say it could continue to burn for days.

for the National Federation of " High School Associations._ "(The ruling) allows not only WisConsin but other states td do what they've been doing." But newspapers fear the ruling could embolden the associations to cut off more journalists' access. For exana 7 . ple, they may decide to pro,.. hibit newspaper photographers from selling pictures of,. the game to parents or others and use their own official photographers, which is. already a touchy issue, said Stephen Key, executive &rector and general counsel for the Hoosier State Press Asso- . ciation in Indiana.

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Amery Free Press: August 30, 2011 -Page 8b Amery, WI Page

8B

Tuesday, Aug. 30, 2011

AMERY FREE PRESS

Sports associations No 1st Amendment right to stream games applaud federal Internet ruling MADISON, Wis. (AP)—High school athletic associations nationwide say a federal appeals court ruling upholding Wisconsin's right to sell exclusive rights to live-stream games online preserves a lucrative new revenue stream, while newspaper groups fear the ruling could lead to more restrictions on covering games that entire communities follow. The dispute centers around the Wisconsin Interscholastic Athletic Association's exclusive contract with American-HiFi to live stream state tournament games. The WIAA sued in 2008 after the Appleton Post-Crescent newspaper streamed four high school football playoff games on its own. A federal judge sided with the WIAA last year. On Wednesday, the 7th Circuit Court of Appeals backed him up, saying the First Amendment doesn't guarantee media outlets free broadcasting rights. "It could potentially cause problems down the road," said Paula Casey, executive director of the Arizona Newspaper Association. "(I) could see them infringe on what newspapers can do, if they think they can stand up in court. It could make things very tough for newspapers." High school associations like the WIAA generally oversee extracurricular sports in their state schools, coordinating schedules and tournaments and sanctioning state champions. The squabble in Wisconsin underscores the sometimes uneasy relationship between the media and the athletic associations over who owns and distributes game accounts, particularly visual images. Tensions have only grown during an Internet age that demands immediate reporting and Web posting. On one side are newspapers whose readers depend on them for accounts of their favorite teams as they compete for championships. On the other are athletic associations trying to maximize revenue to cover rising costs that include renting facilities, paying staff and hiring security for state tournaments for everything from football to swimming. The Arizona Interscholastic Association, for example, spent about $2.5 million to hold state tournaments during the year that ended in July 2011. At least a dozen associations around the country have set up exclusive web streaming, and it's growing in popularity. The Arizona Interscholastic Association, for example, generated $150,000 over the first four months of exclusive streaming in 2009 and reported 1.6 million streams in December of that year alone, according to court documents. The associations hailed the decision as an affirmation of their business practices, likening live streaming to television contracts. They say exclusivity allows them to pay for tournaments for less popular sports, reduces the number of cameras on the field or court, protecting players

and officials. And they insist reporters and photographers can continue to cover the games in a traditional sense—just not broadcast them from start to finish for free. "It's important that (the associations are) able to continue to craft their own deals for the best coverage," said Bruce Howard, a spokesman for the National Federation of State High School Associations. "(The ruling) allows not only Wisconsin but other states to do what they've been doing." But newspapers fear the ruling could embolden the associations • to cut off more journalists' access. For example, they may decide to prohibit newspaper photographers from selling pictures of the game to parents or others and use their own official photographers, which is already a touchy issue, said Stephen Key, executive director and general counsel for the Hoosier State Press Association in Indiana. "We may see another outbreak of infighting between newspapers and associations on that issue," he said. "Selling photos is a revenue stream. We're talking hundreds of dollars, not thousands of dollars, covering all the games. But for the newspapers it is more about control over the content they create." The associations said things won't come to that. Todd Clark, a spokesman for the Wisconsin association, said the idea to generate as much exposure for student athletes as possible. The federal ruling applies only to live streaming, not other mediums, he said. "At some point there's common sense involved in all of this," he said. The decision itself reads that "... the media are free under the (WIAA's) policy to talk and write about the events to their hearts' content. What they cannot do is to appropriate the entertainment product that WIAA has created without paying for it.... nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances." Donald Downs, a professor of political science, law and

journalism at the University of Wisconsin-Madison, said that essentially means the media can report on games but cannot broadcast or stream them from beginning to end. "As long as this opinion is applied in a conscientious way, it seems like the damage would be limitpd. It's only the streaming," Downs said. "(But) I wouldn't want this case to bleed any further. The newspapers are right to be concerned about it. They don't want the line to be blurred any further."

Madison police say annual block party needs to end MADISON, Wis. (AP)— Madison police are joining other city leaders in opposing the annual Mifflin Street block party. They say the alcoholfueled event leads to violence and exorbitant police costs. A police report on the 2011 event says the block party "simply cannot continue." The 42-year-old event takes place near the end of the University of WisconsinMadison school year. The report says this year's party was marred by violence that included two stabbings, three sexual assaults, three injured officers and 162 arrests. A Wisconsin State Journal report says Mayor Paul Soglin has also called for the annual parties to end. However, he acknowledges it might take years to fully eliminate them. Alderman Mike Verveer agrees. He says police arrived at a "fine conclusion" but ending the event is easier said than done.

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MILWAUKEE (AP) — The association that oversees Wisconsin high school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide. The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them. The case began in 2008, when the sports association sued The Post-Crescent, an Appleton newspaper, for streaming live coverage of its high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single video-production company for streaming its tournaments. After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association. The appeals court ruled that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players and coaches, and air up to two minutes of live video coverage of any game. Media outlets were only restricted from broadcasting entire games live. " WIAA has the right to package and distribute its performance," the justices wrote. "Nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances." Bob Dreps, the attorney representing Gannett and the Wisconsin Newspaper Association, disagreed, contending that the sports association represents public high schools and should therefore

be open to unrestricted media coverage. " We're disappointed in the decision's failure to distinguish taxpayer-funded high school sports from professional sports in any meaningful way. These are government-sponsored events," Dreps said. He said his clients hadn't decided whether to appeal. The court based its decision on a 1977 case in which a man who performed a 15-second human-cannonball act at a state fair. Hugo Zacchini asked a reporter not to film the routine, but the reporter did so anyway and played the entire act on the evening news. The U.S. Supreme Court ruled in Zacchini's favor, saying the journalist could have complied by reporting on the event without filming it. That decision " makes clear that the producer of entertainment is entitled to charge a fee in exchange for consent to broadcast," the appeals court wrote. "The First Amendment does not give the media the right to appropriate, without consent or remuneration, the products of

others." Todd Clark, a spokesman for the Wisconsin Interscholastic Athletic Association, said he was happy with Wednesday's decision. " We're looking forward to working with newspapers and the media cooperatively as we have historically," he said. Other athletic associations and newspaper groups have been closely watching the Wisconsin case, and the decision could lead to litigation in other states. It's unlikely, however, that college sports will be greatly affected. The NCAA, which many state associations try to closely mirror, was ruled a private entity by the U.S. Supreme Court nearly 25 years ago in a case involving then-UNLV coach Jerry Tarkanian, who sued the association, claiming it had tried to drive him out of basketball. The Associated Press had pledged financial support to the newspaper association and Gannett if the Wisconsin case goes to trial.

Pointing started state court choking incident MADISON, Wis. (AP)—A liberal Wisconsin Supreme Court justice told investigators a conservative colleague choked her after she pointed at her office door and told him to get out. Justice Ann Walsh Bradley has accused Justice David Prosser of putting her in a chokehold during deliberations in June over a legal challenge to Gov. Scott Walker's contentious collective bargaining law. 'Investigators' reports released Friday include an interview with

Walsh Bradley. She said Prosser was berating Chief Justice Shirley Abrahamson in Walsh Bradley's office. Walsh Bradley says she came up to Prosser, pointed at her door and told him to leave. Prosser then seized her by the neck. Walsh Bradley began to yell and another justice separated them. Prosser has denied the allegations. Walsh Bradley said she didn't feel any pressure on her neck.

Urgent news for DIABETICS with

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MILWAUKEE (AP) — The association that oversees Wisconsin high school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide. The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them. The case began in 2008, when the sports association sued The Post-Crescent, an Appleton newspaper, for streaming live coverage of its high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single video-production company for streaming its tournaments. After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper Association. The appeals court ruled that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players and coaches, and air up to two minutes of live video coverage of any game. Media outlets were only restricted from broadcasting entire games live. " WIAA has the right to package and distribute its performance," the justices wrote. "Nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances." Bob Dreps, the attorney representing Gannett and the Wisconsin Newspaper Association, disagreed, contending that the sports association represents public high schools and should therefore

be open to unrestricted media coverage. " We're disappointed in the decision's failure to distinguish taxpayer-funded high school sports from professional sports in any meaningful way. These are government-sponsored events," Dreps said. He said his clients hadn't decided whether to appeal. The court based its decision on a 1977 case in which a man who performed a 15-second human-cannonball act at a state fair. Hugo Zacchini asked a reporter not to film the routine, but the reporter did so anyway and played the entire act on the evening news. The U.S. Supreme Court ruled in Zacchini's favor, saying the journalist could have complied by reporting on the event without filming it. That decision " makes clear that the producer of entertainment is entitled to charge a fee in exchange for consent to broadcast," the appeals court wrote. "The First Amendment does not give the media the right to appropriate, without consent or remuneration, the products of

others." Todd Clark, a spokesman for the Wisconsin Interscholastic Athletic Association, said he was happy with Wednesday's decision. " We're looking forward to working with newspapers and the media cooperatively as we have historically," he said. Other athletic associations and newspaper groups have been closely watching the Wisconsin case, and the decision could lead to litigation in other states. It's unlikely, however, that college sports will be greatly affected. The NCAA, which many state associations try to closely mirror, was ruled a private entity by the U.S. Supreme Court nearly 25 years ago in a case involving then-UNLV coach Jerry Tarkanian, who sued the association, claiming it had tried to drive him out of basketball. The Associated Press had pledged financial support to the newspaper association and Gannett if the Wisconsin case goes to trial.

Pointing started state court choking incident MADISON, Wis. (AP)—A liberal Wisconsin Supreme Court justice told investigators a conservative colleague choked her after she pointed at her office door and told him to get out. Justice Ann Walsh Bradley has accused Justice David Prosser of putting her in a chokehold during deliberations in June over a legal challenge to Gov. Scott Walker's contentious collective bargaining law. 'Investigators' reports released Friday include an interview with

Walsh Bradley. She said Prosser was berating Chief Justice Shirley Abrahamson in Walsh Bradley's office. Walsh Bradley says she came up to Prosser, pointed at her door and told him to leave. Prosser then seized her by the neck. Walsh Bradley began to yell and another justice separated them. Prosser has denied the allegations. Walsh Bradley said she didn't feel any pressure on her neck.

Urgent news for DIABETICS with

BLADDER CANCER The diabetes drug, ACTOS., has been linked to an increased risk of bladder cancer. If you or a loved one has been diagnosed with bladder cancer after taking ACTOR., ACTOplus met., ACTOplus MET. XR or duetact., call us now at 1-800-THE-EAGLE about monetary compensation. No fees or costs until your case settles. We practice law only in Arizona, but associate with lawyers throughout the U.S. GOLDBERG & OSBORNE 1-800-THE-EAGLE Plo Cmet••■ at odo, le Mu ( 1 -800-843-3245) www. l aootneeagle.com

mok

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ous and even deadly. Never touch them or allow any object to and if you see lines brought down by wind or weather, call us an emergency, always call 9-1-1. We want to keep you safe.

Learn more about safety at xcelenergy.com.

Xcel Energy RESPONSIBLE BY NATURE ."

S

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Tur

Polk, Burnett, St. Croix and Barron counties, $30 per year Other Wisconsin and Minnesota, $35 per year Other States, $40 per year Students $20 nine months Service persons $25 per year

715-268-8101

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show at 4 p.m. Saturday afternoon with a pre-show for the younger, newer members at 3:30 Watertown Daily Times: August 25, 2011 -Page 1a p.m. The ski show, which can be viewed from County Highway E, about a quarter mile north of Watertown, WI County Highway R, will feature pyramids, jumps, swiveling and much more.

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WIAA can limit streaming of games on Net MILWAUKEE (AP) — The association that oversees Wisconsin high school sports can limit who streams its games live on the Internet even though most of its member schools are funded by taxpayers, a federal appeals court ruled Wednesday. The decision could have First Amendment implications for media outlets nationwide. The Chicago appeals court said the Wisconsin Interscholastic Athletic Association has the right to enter into

exclusive contracts for live streaming of its sporting events, and that the First Amendment doesn't entitle other media outlets to claim the same broadcasting rights without paying for them. The case began in 2008, when the sports association sued The PostCrescent, an Appleton newspaper, for streaming live coverage of its high school football playoff games. Fans in many states rely on community newspapers for news about high school teams, and the

newspapers say they need easy, unencumbered access to sporting events to provide that coverage. But the Wisconsin association said it couldn't survive without being able to raise money by signing exclusive contracts with a single videoproduction company for streaming its tournaments. After a U.S. District judge sided with the association last year, an appeal was filed by the newspaper's owner, Gannett Co., and the Wisconsin Newspaper

(Continued on back, col. 3)

(Continued on back, col. 5)

Jobless rate dips in area counties

Health care law will cut uninsured MADISON (AP) — The federal health care overhaul signed into law last year will drastically cut the number of uninsured Wisconsin residents by 2016 but will drive up premiums for some customers and could cause some companies to drop coverage for their employees, a report released Wednesday found. Former Democratic Gov. Jim Doyle's administration hired Massachusetts-based Gorman Actuarial, LLC, and Massachusetts Institute of Technology economist Jonathan Gruber last year to study the effects of health care reform on Wisconsin markets. The state used federal planning grants to pay for the report. According to the study, the changes will result in a 65 percent decrease in the number of uninsured people in the state, from 520,000 now to about 180,000 by 2016. The report attributed the drop to mandates that people purchase health insurance and tax credits to offset the cost of premiums and make insurance more affordable. The mandates are among key aspects of the overhaul being challenged in court. If the mandates are repealed, only about 62,000 people would gain coverage, the report projected. About 90 percent of individuals without employer-sponsored or public insurance will see premium increases averaging 41 percent, the study predicted. The increases will come largely due to high-risk people moving into the individual market, reform provisions that guarantee coverage for them and new minimum coverage requirements. Tax subsidies should mitigate those increases, however. Once

Association. The appeals court ruled that an exclusive contract allowing one entity to broadcast an event doesn't amount to a gag order on other media outlets. It noted that the sports association still allowed other reporters to cover the games, interview players and coaches, and air up to two minutes of live video coverage of any game. Media outlets were only

ASSOCIATED PRESS

Kiel Murphy, left, helps his father, Bill Brightbill, place boards over windows at Surfside Casuals in Nags Head, N.C., today. Preparations for the arrival of Hurricane Irene are under way as mandatory evacuations are in order for Dare County.

Irene is on her way

ASSOCIATED PRESS

A lifeguard opens a window to the lifeguard stand as a caution flag flies in Atlantic Beach, N.C., today as Hurricane Irene heads toward the North Carolina coast. See Page 5 for details.

MADISON — Unemployment in both Dodge and Jefferson counties decreased between June and July, according to figures released Wednesday by the Department of Workforce Development. Unemployment figures in Dodge County were reported at 7.9 percent for July, down from 8.4 percent in June and 8.4 percent a year ago. Unemployment figures in Jefferson County were reported at 8.1 percent in July, down from 8.7 percent in June, and down from 8.8 percent a year ago. Of the 72 counties in the state, 69 had lower rates in July. Pierce County had no change from June to July, and Kenosha and Lincoln counties had slight increases. Menominee County had the highest rate at 20.2 percent, and Dane County had the lowest, 5.4 percent. "As with the statewide employment estimates released last week, the local preliminary data for July show the impact of the national economic slowdown is reaching many parts of Wisconsin," Secretary Scott Baumach said. "Despite these challenging times, several metro areas experienced job growth during the month." In addition to county decreases, all 12 metro areas experienced decreases in their unemployment rates from June to July, along with 29 of Wisconsin's 31 largest municipalities. Unlike the metro jobs numbers, unemployment rates for cities, counties and metro areas are not adjusted for seasonal factors. Madison added 1,200 jobs and Oshkosh-Neenah added 1,000 jobs on a seasonally adjusted basis from June to July, leading the state's four metro areas with gains. Compared to a year ago, Milwaukee had gained 16,400 jobs. Madison added 4,300 and Sheboygan added 1,200. Fond du Lac, Oshkosh-Neenah and Wausau also added jobs since July 2010. Wisconsin's seasonally adjusted July unemployment rate was 7.8 percent, up slightly from 7.6 percent in June, but down from 8.2 percent in July 2010. Without seasonal adjustment, Wisconsin's July unemployment rate was 7.7 (Continued on back, col. 3)


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was elected chairman of Apple's of Apple-focused news site The Watertown Times: 25,said 2011 -Page board. Though not nearlyDaily as recMacAugust Observer, Jobs' depar-12a ognizable Watertown: as Jobs, Cook had ture has more sentimental WI . Continued From -Page 1a than been running Apple since practical significance. He said January. The company's stock he has been telegraphing the has risen 62 percent during that change for several years.

WIAA games (Continued from page 1) restricted from broadcasting entire games live. "WIAA has the right to package and distribute its performance," the justices wrote. "Nothing in the First Amendment confers on the media an affirmative right to broadcast entire performances." Bob Dreps, the attorney representing Gannett and the Wisconsin Newspaper Association, disagreed, contending that the sports association represents public high schools and should therefore be open to unrestricted media coverage. "We're disappointed in the decision's failure to distinguish taxpayer-funded high school sports from professional sports in any meaningful way. These are government- sponsored events," Dreps said. He said his clients hadn't decided whether to appeal. The court based its decision on a 1977 case in which a man who performed a 15-second human-cannonball act at a state fair. Hugo Zacchini asked a reporter not to film the routine, but the reporter did so anyway and played the entire act on the evening news. The U.S. Supreme Court ruled in Zacchini's favor, saying the journalist could have complied by reporting on the event without filming it.

That decision "makes clear that the producer of entertainment is entitled to charge a fee in exchange for consent to broadcast," the appeals court wrote. "The First Amendment does not give the media the right to appropriate, without consent or remuneration, the products of others." Todd Clark, a spokesman for the Wisconsin Interscholastic Athletic Association, said he was happy with Wednesday's decision. "We're looking forward to working with newspapers and the media cooperatively as we have historically," he said. Other athletic associations and newspaper groups have been closely watching the Wisconsin case, and the decision could lead to litigation in other states. It's unlikely, however, that college sports will be greatly affected. The NCAA, which many state associations try to closely mirror, was ruled a private entity by the U.S. Supreme Court nearly 25 years ago in a case involving then-UNLV coach Jerry Tarkanian, who sued the association, claiming it had tried to drive him out of basketball. The Associated Press had pledged financial support to the newspaper association and Gannett if the Wisconsin case goes to trial.


The Clinton Topper, Clinton: September 15, 2011 -Page 7 Clinton, WI

The Clinton Topper / September 15, 2011 - Page 7

Federal appeals court rules for WIAA in live video case

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MADISON — The 7th Circuit Federal Appeals Court in Chicago has ruled that the Wisconsin Interscholastic Athletic Association has the right to enter into exclusive contracts for live video streaming of its sporting events, and that the First Amendment doesn't entitle other media sources to the same broadcasting rights without paying for them. The court made clear that the producer of entertainment is entitled to charge a fee in exchange for consent to broadcast the events. The WIAA filed a federal lawsuit in 2008 requesting a declaratory judgment following receipt of a letter from the Wisconsin Newspaper Association demanding the WIAA rescind its video transmissions policies or be subject to litigation. Two Gannett newspapers refused to pay the required rights fee to transmit live action on the internet during a WIAA tournament game. Gannett contended that the WIAA' s policies prohibited it from reporting on WIAA events in violation of the First and Fourteenth Amendments. The federal court in Wisconsin granted summary judgment in favor of the WIAA declaring that its exclusive rights agreement regarding internet transmission of its tournament

events did not violate the First or Fourteenth Amendments to the US Constitution, and that the WIAA may charge a fee for such transmissions. It ruled that the case is about commerce and not the right of a free press. The WIAA policy does not prohibit the free press from expressing a single thought, opinion or analysis about a game. Rather, the WIAA policies are reasonable to raise funds needed to help sustain the WIAA and the high school sports its supports. High school athletic associations from around the country are trying to maximize revenue to cover rising costs that include renting facilities, paying staff and hiring security for state tournaments in every sport. The Arizona Interscholastic Association spent about $2.5 million to hold state tournaments this past year. The state athletic associations say the exclusive contracts also allow them to pay for tournaments for less popular sports The WIAA is a private, notfor-profit association comprised of 508 volunteer member high schools in Wisconsin that receives no direct revenues from the state through taxes and generates about 90% of its operational budget through tournament gate receipts and its proprietary agreements.

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(32:49), Carli Pope 72nd (33:21) and Karen Vidal 77th (36:51). "The girls were intimidated by the extra length (of the course), but those nerves quickly went away, and they had a very strong showing," said Coach Pauline Schork. "We really stepped-up practice this past week, and I think the results were seen in the

performance the girls had today. This was a difficult course, but all of the girls were able to have strong finishes." The Lady Cougar cross country runners will compete in the Rock Valley Classic on Tuesday, Sept. 13, at Edgerton, and in the Belleville Invitational on Saturday, Sept. 17.

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WIAA Appeal Coverage  

Newspaper coverage regarding WIAA's case against Gannett Wisconsin Media and WNA.

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