Heartland Institute Experts Comment on the Wisconsin Supreme Court Decision to Kill the ‘John Doe’ Investigation

Published December 2, 2015

The Wisconsin Supreme Court on Wednesday morning denied a motion to reconsider the termination of the “John Doe” investigation. The investigation, focused on free-market organizations that supported Gov. Scott Walker (R-WI) during the 2011 and 2012 recall elections, is now effectively dead and buried.

The following statements from constitutional and budget and tax experts at The Heartland Institute – a free-market think tank – may be used for attribution. For more comments, refer to the contact information below. To book a Heartland guest on your program, please contact Donald Kendal, new media specialist, The Heartland Institute, at [email protected] or 312/377-4000.


“By this action, the Wisconsin Supreme Court has reaffirmed the First Amendment, which is literally under assault right now by the Democrat Party just like the Second Amendment. The court also by this action struck down budding fascism in America, as the special prosecutor in this meritless investigation seemed to be engaged in a history lesson to show what life was like under Benito Mussolini in Italy during the 1930s.”

Peter Ferrara
Senior Fellow for Entitlement and Budget Policy
The Heartland Institute
[email protected]
703/582-8466

Mr. Ferrara is the author of Power to the People: The New Road to Freedom and Prosperity for the Poor, Seniors, and Those Most in Need of the World’s Best Health Care (2015).


“Today’s ruling reaffirms that all citizens in the State of Wisconsin can exercise their First Amendment rights to engage in the political process without fear of retaliation. The investigation is effectively dead barring any action by the Supreme Court of the United States to reinstate the probe, which is highly unlikely.”

Kyle Maichle
Project Manager for Constitutional Reform
The Heartland Institute
[email protected]
312/377-4000


“The Wisconsin Supreme Court’s denial of Francis Schmitz’s request to reopen the ‘John Doe’ political witch hunts reaffirms that free speech is still valued in America. No charges were ever filed, despite the best efforts of partisan special prosecutors and district attorneys to find evidence of shadowy conspiracies and wrongdoing. Political speech is one of the most American of activities, and the judges’ refusal to revisit the secret war on speech is an encouraging victory for engaged citizens in every state and of every ideology and political persuasion.

“Lawmakers everywhere should take note: The cure for what ails America is not shutting up opponents and criminalizing political engagement, but encouraging and enabling more people to become active, educated, and vocal in their communities!”

Jesse Hathaway
Managing Editor
Budget & Tax News
Research Fellow
The Heartland Institute
[email protected]
312/377-4000


The Heartland Institute is a 31-year-old national nonprofit organization headquartered in Arlington Heights, Illinois. Its mission is to discover, develop, and promote free-market solutions to social and economic problems. For more information, visit our Web site or call 312/377-4000.