<way off topic> Forward: WI Legislation

[Burt, David]

I know this is way off topic, but I couldn't resist passing this along,
that the Wisconsin leglature has nothing better to do that try to pass a
special tax on dildos.  Think I'm joking?  Read on...

>From the First Amendment Update List:
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A L E R T   F O R   W I S C O N S I N I T E S
12 June 1997
_____________________________________________________________________
CONTENTS

DETAILS OF NEW ATTACK ON FIRST AMENDMENT, PERSONAL
AUTONOMY
HOW TO TELEPHONE YOUR TWO REPRESENTATIVES
CALL-IN NUMBERS FOR RADIO, TV
_____________________________________________________________________

BACKGROUND

During early June of 1997, a self-described "moderate Republican"--
a state representative from Neenah WI--has unveiled a new tax
on adult entertainment (live performances and sex toys).

The good news is that Dean Kaufert's proposed legislation
specifically exempts movies and printed materials.

Nevertheless, the bad news outweighs the good news. First,
the proposed law apparently puts the government in charge of
deciding what is and isn't allowable insofar as onstage perform-
ances and personal behavior in the privacy of the home. Second,
Wisconsin-based newspaper columnists and art organizations
have been "asleep at the wheel." Aren't some of these people
supposed to openly oppose attacks on the First Amendment?

PROPOSAL RAISES QUESTIONS

Would an community theater group with virtually no
budget be allowed to perform "Hair"? Government workers
should not function as artificial art officials. Government
employees have no business deciding who is and who isn't an
artist. How is anyone supposed to determine that?

Why is one kind of play with brief nudity acceptable while
another kind of presentation is unacceptable? Is any
performance with brief nudity subject to the new regulation?
What about semi-transparent shirts, similar to what Madonna
Ciccone wore in "Vogue," a critically-acclaimed music video?
Suppose a theater group decided to portray the most explicit
portions of the Bible. Would that be censored? What about
sophisticated magic acts, or avant-garde political performances?
Apparently, there's no clear line between what is allowed
and what's disallowed under Kaufert's 1997 dictates.

Also, the Neenah Republican's legislation might also extend
to mainstream department stores that provide vibrators.
If a woman from Whitefish Bay wants to buy a vibrator
from an anchor store at a mall, why is that anyone
else's business?

SUPPORT FOR PROPOSAL EXISTS

According to the Kaufert's 6 June 1997 presentation on
the Ideas Network of Wisconsin Public Radio (WPR), an
unspecified number of women who usually represent women's
interests have been pleased with the proposal. That's because
the scheme would route tax dollars to domestic violence and
child abuse programs.

WHY THE PROPOSAL IS BAD FOR WISCONSIN

The proposal probably violates the First Amendment
several ways. These restrictions usually:

* suffer from vagueness and overbreadth

* are not viewpoint-neutral (a.k.a. content-neutral).
In fact, it's a viewpoint based, or content-based restriction.
Therefore, it's unconstitutional.

* function as censorship. If you don't pay the tax, then you
you cannot communicate or receive a constitutionally-
protected message. Nor can you sell or purchase a legal product.

* have a chilling effect on constitutionally
protected art and private behavior. There is no clearly
articulated dividing line between what is exempt and what
is not. Therefore, artists can never know if they are
about to break the law or not.

* fail to demonstrate that they are the least restrictive
means of advancing a compelling governmental interest.
No research findings have ever linked erotic gadgets or
controversial plays to antisocial behavior.

WHAT YOU CAN DO

Touch 1-800-362-9472 and leave a message for
both of your representatives in Madison. Tell them to
vote against Dean Kaufert's tax on live performances
and erotic novelties. In your own words, explain that
you oppose censorship and that censorship cannot exist
in a free society. You will be asked to provide your
name, address, and telephone number.

SPEAK OUT

Here are the unlisted numbers used by Wisconsin-based
broadcast stations during call-in segments:

Radio

WRJN-AM  1400 khz        Racine      (414) 634-WRJN
WLIP-AM  1050 khz        Kenosha     (414) 694-1050
WTMJ-AM   620 khz        Milwaukee   (414) 799-1234
                                     1-800-877-1620
                                     (414) 967-5562 (FAX)
WISN-AM  1130 khz        Milwaukee   (414) 799-1130
                                     1-800-838-WISN
WNOV-AM   860 khz        Milwaukee   (414) 799-1668
WHAD-FM  90.7 mhz        Delafield

when WPR programming originates from Madison studios, if you are
calling from Madison or Milwaukee, touch:
                                     (414) 263-1890
when WPR programming originates from Milwaukee studios, if you are
calling from Milwaukee touch:
                                     (414) 227-2050
outside of Milwaukee and Madison touch:
                                     1-800-486-8655

WGEE-AM 1360 khz      Green Bay      (414) 455-1360

Television

WTMJ-TV  VHF channel  4  Milwaukee   (414) 799-TMJ4
WITI-TV  VHF channel  6  Milwaukee   (414) 799-1500
WISN-TV  VHF channel 12  Milwaukee   (414) 799-1212
WVCY-TV  UHF channel 30  Milwaukee   (414) 935-3030
                                      1-800-733-8830
WDJT-TV  UHF channel 58  Milwaukee   (414) 799-2085

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(c) 1997 by Chris Roth. All rights reserved.