It would seem that central NJ is not conducive to free speech on-line. The following is an exchange between myself and my school board attorney. The Ewing "educators" it seems got upset because of some remarks that I made about them on NJ Online's Mercer County Talk Forum. Yesterday I saw that NJ On-line had without explanation removed all my comments on education in Mercer County from the Mercer County web site
The letter is self explanatory. The question is whether it is an isolated instance. In view of the fact that these people sent a similar letter to the Trenton Times columnist Harry Blaze a year ago in the context of earlier school board elections when they disliked what he had written about them and published in the Times itself, it is has clearly happened before. Another question is whether the Superintendent and Board President used Mr. Dyer's services with or without the prior knowledge of the Ewing School Board. Richard Dey, outgoing Board member informed me in a telephone conversation last night that he had not been informed of the decision to send a letter.
431 Greenway Avenue
Ewing, NJ 08618
(609) 882-2572 Internet: cook@cookreport.com
John G. Deyer III Attorney at Law 1 Oxford Court Medford, NJ 08055
March 29, 1997
Dear Mr. Dyer:
Thank you for your letter to which I am responding with this note, sent to you by fax and posted publicly on the Internet.
I would think that a more appropriate response on the part of Len Kelpsh and the Ewing School Board would have been for them to give you a transcript of the precise text allegedly posted on the Internet from which they have drawn the inferences that they are upset about and that you would have sent that text to me along with the complaint. I am disappointed that you did not include such text -- which, as far as I can tell, is to be found on the Mercer County Talk Forum Web site. [See my remarks below.]
Nothing that I have said is deliberately false and most of it is a matter of opinion to which I, as a 20 year resident of Ewing, taxpayer in Ewing, and voter here have perfect legal standing to engage in. With my monthly newsletter I am a publisher. I am confident that the gist of my remarks would withstand scrutiny in a publishing venue, but I am unaware of any remarks, in the context of the school district's list of concerns, that could be shown to come from my newsletter.
I have spent almost two years trying to reason with Len Kelpsh and the Board, for the most part in private email, telephone conversations, and approximately five personal meetings with Len Kelpsh - three of them two-hour-long instruction sessions in the use of the Internet at my home -- and at least a dozen phone calls with him. Having gotten nowhere, I recently have begun to speak out in the Mercer County Talk Forum run by New Jersey on Line in partnership with the Trenton Times.
Virtually all the matters listed in your letter have come from the Mercer County Talk Forum where the issue is on-line speech and not publication. Any remaining items may have been occasionally expressed frustrations with the Ewing scene on two Internet mail lists, both of which, also serve in the capacity of public meetings, as a venue for debate, and not for publication. On both these lists I have had much more frequent things to say about Mercernet in which the Ewing School District is a partner.
Let's come to a clearer understanding of the Internet. Most of the Internet serves as a venue for speech and debate -- not for formal publication. This is especially the case in a venue like the Mercer County Talk Forum, which is the Internet equivalent of a town meeting. At this town meeting, Frank Fontana, Rich Buck, Roy S. I, and a woman named Linda G. have been openly debating the merits of the actions of our own elected officials.
This debate over the past couple of weeks has been in the context of School Board Elections to take place April 15. One the participants of the Talk Forum is Ewing resident Frank Fontana who is running for the Board. I have indicated my vigorous support of Frank in my desire to see someone with accounting expertise carry, to the Board, the skills that he has demonstrated for several years in front of the Town Council. I also am forming my own opinions about others running in the election and intend to campaign on their behalf. Given this context it seems to me that, one reasonable hypothesis to offer is that your letter, delivered to me today, maybe an attempt by the Board and its Superintendent to intimidate me. The Board, it would seem, would like to prevent me from taking part in an on-line debate specifically meant to deal with the quality of the performance of my own elected officials and in so doing to silence me as an opponent of board policies in the coming election. I object strenuously to any tactics of intimidation on the part of the Board.
I would hope that you would advise the Board to act with very great caution before taking any action that might force me to defend myself in court . . . .if necessary. Such legal proceedings would do nothing but needlessly increase the tax bills of Ewing residents.
Let me turn to the assertions found in your letter. My responses are in capital letters.
26 March 1997
Mr. Gordon Cook. 431 Greenway Ave Ewlng, NJ 08618
Re Comments published on the Internet NO. REGARDING SPEECH IN PUBLIC DEBATE ON THE INTERNET.
Dear Mr. Cook
Please be advised that I represent the Ewing Township Board of Education.
Several board members have expressed concern about comments published by you on the internet about the Ewing School District, its teachers and its administrators that are inaccurate, misleading, and, in some cases, clear misrepresentations of fact. I write to provide to you pertinent, accurate information in the hope that you will refrain from disseminating inaccurate information in the future.
The following information has been provided to me by the Ewing Township School District in an effort to set the record straight.
Please note the following
The Lawrence. West Windsor and Ewing School Districts all were fortunate to receive an NSF grant. The grant did not require a "mediocre" partner. The Ewing School District IS not mediocre You are Invited to contact NSF to inquire about the Ewing School District's credibility and performance on this grant. Ewing continues to be a vital and valuable partner insofar as the NSF grant is concerned.
AN NSF GRANT FOR WHAT? NEW METHODS OF SCIENCE TEACHING? SUCH A GRANT DOES EXIST AS I RECALL. I DO REMEMBER, ABOUT SIX WEEKS AGO, HAVING MY ONLY TELEPHONE CONVERSATION WITH THE BOARD'S PUBLIC RELATIONS CONSULTANT. HE TOLD ME HE WAS STILL SOMEWHAT NEW TO THIS AREA AND WAS NOT FULLY AWARE OF ALL THE INTRICACIES OF THE LOCAL SITUATION. TRYING TO BE HELPFUL, I STATED THAT ONE THING THAT I WAS AWARE OF THAT THE SCHOOL DISTRICT HAD DONE THAT SEEMED PERHAPS PRAISE WORTHY WAS THE SCIENCE GRANT FROM NSF. HE SHOULD FIND OUT MORE ABOUT THIS AND GET THE WORD OUT BECAUSE, EXCEPT FOR A SINGLE ARTICLE IN THE TRENTON TIMES A YEAR AGO, I WAS UNAWARE OF ITS EXISTENCE.
I ALSO ADDED THAT, FROM MY EXPERIENCE IN OBSERVING NSF SUPPORT OF THIS TYPE OF PROPOSAL, THOSE WHICH COMBINED OUTSTANDING SCHOOL DISTRICTS WITH ONES THAT WERE, BY COMPARISON, "MEDIOCRE" DID GET FUNDED MORE OFTEN BECAUSE OF A BELIEF THAT FEDERAL MONEY WAS THEN BEING USED FOR SOMETHING OTHER THAN HELPING DISTRICTS THAT WERE NOT OTHERWISE IN NEED OF MUCH ASSISTANCE. DID THIS TELEPHONE CONVERSATION GET RELAYED TO LEN IN ORDER TO BE USED AGAINST ME?
I ALSO SEE IN CHECKING THE MERCER WEB SITE THAT ON FEB 26 I DID POST A SHORT NOTE ON MERCER TALK WHERE I MENTIONED THE NEED FOR A "MEDIOCRE" PARTNER. HAD I BEEN WRITING FOR PUBLICATION INSTEAD OF TALKING LATE AT NIGHT IN THE ONLINE EQUIVALENT OF THE TOWN PUB, I WOULD HAVE GIVEN THE ABOVE EXPLANATION OF "MEDIOCRE" RATHER THAN THE MUCH MORE BRIEF COMMENT.
HOWEVER LET ME FURTHER ADVISE YOU THAT THE WORD MEDIOCRE EXPRESSES AN OPINION TO WHICH I AM PERFECTLY ENTITLED, AND HAD I TO START OVER WITH SENDING MY CHILDREN TO SCHOOL AGAIN IN MERCER COUNTY I WOULD CHOOSE IN THE FOLLOWING ORDER: HOPEWELL, PRINCETON, WEST WINDSOR-PLAINSBORO, LAWRENCEVILLE, HEIGHTSTOWN, HAMILTON, EWING, AND TRENTON --THE ASSERTIONS MADE BY THE SCHOOL DISTRICT LATER IN YOUR LETTER NOT WITHSTANDING.
You were invited to serve as a citizen representative on the technology committee. Your choice to remove yourself from the committee was yours alone. I NEVER REMOVED MYSELF FROM THE COMMITTEE. I CEASED TO ATTEND MEETINGS (SEE THE INCIDENT DESCRIBED BELOW) AND I HAVE CONTINUED TO GET PHONE INVITATIONS TO ATTEND ALL SUCCEEDING MEETINGS.
While it is true that you were confronted by members of the committee about attacks you made upon them on the Internet THIS STATEMENT IS FALSE. I WAS NEVER PUBLICLY CONFRONTED BY MEMBERS OF THE COMMITTEE AND I NEVER MADE ATTACKS ON THEM ON THE INTERNET. WHAT IN FACT HAPPENED WAS THAT, IN FRONT OF THE COMMITTEE, LINDA WALKER MADE AN ACCUSATION FILLED WITH MISSTATEMENTS AND UNFOUNDED ALLEGATIONS THAT A MEMBER OF THE COMMITTEE HAD MADE INFLAMMATORY REMARKS IN FRONT OF THE ENTIRE INTERNET. IT WAS WELL KNOWN THAT I WAS THE ONLY INTERNET USER IN THE ROOM AND SO IT WAS SAFE FOR ALL TO ASSUME THAT SHE COULD BE REFERRING ONLY TO ME.
WHAT FORMED THE BASIS OF MS. WALKER'S ACCUSATION WAS A FAX OF A PERSONAL, AND PRIVATE, EMAIL THAT CONTAINED A RECORD OF MY CONCERNS ABOUT THE EVENTS OF THE PREVIOUS MEETING. THERE I HAD REALIZED FOR THE FIRST TIME THAT MOST OF OUR TEACHERS WERE NOT YET INTERESTED IN USING THE INTERNET. THIS PRIVATE EMAIL WAS SENT BY ME TO DAVE BREIDINGER OF COMCAST AND TO PETER THOMPSON, A P.I. OF MERCERNET, AND WAS THEN UNETHICALLY RELEASED BY MS. WALKER WHO USED IT, IN MY OPINION, TO DISCREDIT ME IN FRONT OF THE COMMITTEE AND REMOVE ANY POSSIBILITY THAT I MIGHT BE ABLE TO INFLUENCE TECHNOLOGY POLICY.
you were never asked to leave the committee. THIS IS TRUE. BUT MY VIABILITY FOR SERVING ON THE COMMITTEE WAS EFFECTIVELY DESTROYED BY MS. WALKER'S ACTION. ALSO TO THE BEST OF MY KNOWLEDGE I NEVER MADE SUCH A STATEMENT ON THE INTERNET OR ANYWHERE ELSE.
The administration never told teachers or staff not to talk with you. ABOUT EIGHT WEEKS AGO JACK WATTREAU OF THE HIGH SCHOOL MEDIA CENTER TOLD ME THAT HE HAD BEEN INSTRUCTED NOT TO TALK WITH ME. I COMPLAINED TO LEN KELPSH THE NEXT DAY. LEN DENIED JACK'S STATEMENT.
On the contrary, teachers were requested to talk with you and encouraged to do so. THIS IS THE FIRST I HAVE HEARD OF IT. IN THE SUMMER OF 1995 LEN TOLD ME THAT HIS TEACHERS WOULD NOT TALK WITH ME WITHOUT HIS AUTHORIZATION.
Many expressed personal reservation about doing so. I HAVE NO KNOWLEDGE OF THIS, COULD YOU PLEASE IDENTIFY WHO THEY ARE AND WHAT SPECIFICALLY THEY SAID?.
The Ewing School District college placement rate is 87%. Over the past few years, Ewing students have been accepted to Princeton, West Point, Brandeis, University of Pennsylvania Cornell. Harvard, Boston University, Brown, M.l.T., William & Mary, and Howard. THIS AND THE FOLLOWING ASSERTIONS APPEAR TO BE TAKEN FROM THE DISTRICT'S STANDARD PR AND SEEM TO BE OFFERED TO REBUT MY OPINION THAT THE DISTRICT IS NOT MEDIOCRE.
Many members of Ewing's teaching staff have received computer and internet training. Last year, 196 teachers received MAC training; 53 received IBM training. AND WHO RECEIVED INTERNET TRAINING? HOW MANY HAVE ATTENDED OIT SESSIONS IN PRINCETON GIVEN BY FERDI SERIM, ONE OF THE TEN BEST INTERNET TEACHERS IN THE NATION? SOME HAVE BUT MOST, I AM TOLD, ARE BEING 'TRAINED' IN DISTRICT BY ROB STAATS THE NEWLY HIRED TECH COORDINATOR.
The district is engaged in a daily effort to remove non-residents from the School District. Thirty-five student have been removed thus far this academic year. Another forty five cases are under investigation. TO THE BEST OF MY KNOWLEDGE I HAVE NEVER COMMENTED ON THIS SUBJECT ANYWHERE. HOWEVER ON MARCH 24 LINDA G. DID INDICATE HER ANGER IN THE MERCER TALK FORUM. COULD THE SCHOOL DISTRICT BE A BIT CONFUSED ABOUT THE IDENTITY OF ITS CRITICS?
1. The Ewing School District students have scored well above the state standards on the HSPT. Ewing's students test scores are better than double those of the students in the Trenton School District.
2. Ewing students taking advanced placement courses (college level courses taught at the High School for college credit) have scored at or above the national average on Advanced Placement Tests.
3. SAT scores of Ewing students rose 11 points last year. The SAT "special mid-year report" reflects scores 14 points higher that last year. Accordingly, there is every indication that SAT scores will reflect a further rise at the end of this year.
4. If the top 10% of Ewing students are compared with the top 10% of students in the rest of the nation, Ewing students' SAT scores are 69 points above the national average on the verbal test and 95 points above the national average on the math test.
5. One of Ewing's recent graduates (Class of "95) has a 4.0 grade average at Princeton University THESE FIVE STATEMENTS ARE THE ONES OF WHICH I HAVE NO KNOWLEDGE AND ARE OBVIOUSLY THE BOARD'S WAY OF DISPROVING "MEDIOCRITY". NEVERTHELESS, IN THE STATE BOARD OF EDUCATION'S ANNUAL REPORT ON SCHOOL DISTRICT QUALITY EWING HAS, AS I RECALL, BEEN CONSISTENTLY LISTED AS NEXT TO LAST IN MERCER COUNTY - RANKING ONLY ABOVE THAT OF TRENTON. I NOTE THAT THE DISTRICT'S REBUTTAL MAKES NO MENTION OF THIS REPORT.
Dr. Kelpsh was never a student of Dr. Brower's. In fact, the two gentlemen were introduced just before the job search for a new superintendent was commenced. IF THIS IS WHAT LEN ASSERTS I WILL BE GLAD TO TAKE HIS WORD FOR IT, I REPORTED WHAT I HAD BEEN TOLD BY OTHERS.
Dr. Kelpsh has a four year contract--not a five year contract. IF THIS IS WHAT LEN ASSERTS I WILL BE GLAD TO TAKE HIS WORD FOR IT, I REPORTED HERE ALSO WHAT I HAD BEEN TOLD BY OTHERS.
Dr. Kelpsh has never lived in Ewing. A KNOWLEDGEABLE SOURCE TOLD THAT HE LIVED AT TAMAR COMMONS, A TOWN HOME COMMUNITY OFF OF SCENIC DRIVE WHICH THE POST OFFICE CALLS WEST TRENTON BUT THE TAX ASSESSOR: EWING.
Dr. Kelpsh relocated his residence from Long Beach Island to a nearby community. He resides a short distance from Ewing so that he is able to promptly respond to emergent situations that may arise in the school district. I AM TOLD THAT HE HAS MOVED TO NEWTON, PA. WHICH IS ABOUT 15 TO 20 MILES FROM EWING HIGH SCHOOL AND AN AVERAGE DRIVE OF 20 TO 30 MINUTES. PERHAPS HE CONSIDERS THIS A SHORT DISTANCE? IF MY SOURCE, WITH WHOM I SPOKE TONIGHT, IS SHOWN BY LEN TO BE IN ERROR, I WILL GLADLY APOLOGIZE.
The internet offers a wonderful opportunity for citizens to exchange valuable information and viewpoints. It can also serve as a vehicle for spreading rumors, misrepresentations and inaccurate information. In order for a statement to be deemed defamatory, there must be some "publication" of the defamatory statement. There can be little doubt that remarks set forth on the internet are "published" as this term is utilized in the law of defamation.
Reckless misrepresentations that place individuals in a false light may be defamatory. You have now been provided with accurate information regarding several subjects that you have addressed erroneously on the internet. Continued publication of false and misleading statements that tend to place individuals in a false light--when the truth is known or should be known--can only be regarded as "malicious" within the meaning of the law of defamation. Malicious statements- even if the subject is a public figure--are actionable. Please be guided accordingly.
Very truly yours,
John G . Dyer III
cc. Ewing Township Board of Education Mr. Bruce White, Board President Dr. Kelpsh, Superintendent
SIGNED: GORDON COOK -- "Citizen"