I wish I could write like the judge. (Long)

Discussion in 'The Bench' started by Greg Schmelzer, Mar 29, 2005.

  1. Greg Schmelzer

    Greg Schmelzer What are you looking at?!

    The district judge, the Honorable John Murphy, in my hometown of North Platte, NE has been hearing a frivilous lawsuit recently that has turned into a mudslinging battle between the two sides. Key paragraphs written in his decision have nothing to do with the legal issues of the case itself, but is speaking of lack of civility in public discourse and public manners of society in general. This should be required reading for all political candidates. It wouldn't hurt to have it posted in large letters at the entrance to city, county and school board meetings.

    Murphy was even-handed, lecturing both sides in the local controversy and conceding the problem is not limited to local issues. Here, in part, is what he wrote:

    "It is apparent to the Court that this contoversy, like many others, has produced more heat than light. We live in a time when public discourse has descended to a level where those who dominate the discussion do so, not by the strength of their ideas, but rather by how loudly they shout and their willingness to degrade and debase those that oppose them.

    "The 'marketplace of ideas' is cluttered with those who call critical analysis 'elitist', and confuse invection with insight and diatribe with debate. On the national level, this can be seen in the labeling of opponents of the present administration as naive, unpatriotic and un-American. On the local level, it can be seen in disputes in which the cacophony of personal attacks drowns out any reasoned discussion of what is good for all in the community.

    "The danger in all this lies in the fear that many will be wary of putting forth their beliefs and ideas into the 'marketplace' lest they be subject to ridicule and insult. If some are dissuaded from participation and debate, all of us suffer. As Mr. Justice Brandeis wrote "...the greatest menace to freedom is an inert people."

    "It would be a mistake to dismiss the Plaintiffs as mere obstructionists and ignore the fact that their participation in this dispute is an example of the exercise of First Amendment rights that forms the very bedrock of participatory democracy. So, too, labeling those who serve on the City Council as indifferent, power hungry, or out for their own purposes denigrates their public service so vital to our republican form of government.

    "Our existence as a free people has always depended upon the protection of all First Amendment rights - freedom of religion, freedom of speech, freedom of the press, freedom of assembly, freedom to petition the government. It is for all of us to safeguard these rights and to honor the First Amendment through principled debate and enlightened discussion. As Americans, we should demand no less from our government and no less from ourselves."

    I think the judge is right. We lose potential leadership when talented people avoid exposure to a "cacophony of personal attacks.' It seems that people with good ideas can always find outlets for their energy in other activities.

    It seems that we are guilty of this as well here on this bulletin board from time to time.

    I'm through :rant: ing now.
     
  2. riv2x4

    riv2x4 Well-Known Member

    Greg,

    What is the court case all about? We usually stay in North Platte on our way out to Colorado. It is about as far as I can go with 4 kids in the car.

    Larry
     
  3. grisby

    grisby Well-Known Member




    Hey Greg, that is the most intelligent thing I have seen written on the V8 board in a long while!! He covers all the bases about everything and anything and anyone yet everyone!!
    Glad you posted it!!!
     
  4. NickDFX

    NickDFX Well-Known Member

    When I was younger, I had a job in the reprographics industry...aka: a copy store. If you know So Cal, thhen you know that Century City is the home of lawyers and law suits. After a few years of copying legal documents, the one thing that became evident is that these parties do not win based on facts or merit. They win based on who shows up to court with more paper! :rant:

    Half of the paper known as "discovery" is unreadable anyway. Sometimes for fun we would throw in copies of Panchos Tacos 2 for 1 flyers or wedding invitations etc. Palets of paper for one case over 2 years time that no one ever read. You wonder where all the trees are going. :Dou:
     
  5. Greg Schmelzer

    Greg Schmelzer What are you looking at?!

    Well,near as I can tell, since I don't live there anymore, the city wants to erect a viewing tower at Bailey Yards (a railroad yard) for tourists to see and to commemorate the Golden Spike. Thing is, Bailey Yard is out west of town. Nearly 8 miles from the nearest interstate exchange. Shoot, it isn't even near highway 30. Some people sued the city to stop the construction citing it as a waste of money and a losing situation.

    Same thing happened about 10-15 years ago when the city got a rather large endowment from the Chase family (rather wealthy locals). got some property and $$ and decided to build a public golf course right of the interstate between both exits to the town. Turns out that makes big $$, both from tourist and mostly locals.

    There just ins't enough to do in that little town. Therefore I live in Lincoln! :rant:
     
  6. Eric Schmelzer

    Eric Schmelzer Well-Known Member

    Just to explain what the stink about Bailey Yard is about. BaileyYard happens to be a railroad classification yard. Its where they make the trains. Trains come in from east and west, they take them apart, rearange them and make new trains. They average, I think and I'm probably wrong, 15-20 trains out each direction every hour. Bailey Yard is owned buy The Union Pacific Railroad and is listed as the largest classification yard in the world. This makes The UP the largest employer in North Platte if not western NE.
     

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