Montana Sen. Mike Mansfield joined Republican Senate Floor Leader Everett Dirksen of Illinois in sponsoring legislation that would bar state and federal courts from overturning local obscenity ordinances. “Communities should have the right to set local standards for decency according with the cultural and moral standards of the community,” Mansfield said in announcing his support. The obscenity legislation is to be included in a package of legislation that will include initial gun control regulations. The Senate has battled for more than a month on the gun legislation, spurred by the assassinations of Martin Luther King Jr. and Robert Kennedy. The gun control legislation would ban the sale and distribution of firearms through the U.S. mail. The measure would also set up a system of gun licensing. The weapon in both the King and Kennedy assassinations were ordered through the mail. Mansfield and fellow Montanan Lee Metcalf have backed some form of gun control despite the state’s long heritage of gun ownership.
The legislation to ban court interference in obscenity ordinances passed along with a measure that banned the sale and distribution of firearms through the mail, while the licensing provision was dropped. Mansfield took a lot of heat for both portions of this legislation. Gun rights supporters chastised the senator for his support of the legislation while First Amendment advocates blasted Mansfield for backing the court restriction. The restriction of the court in obscenity ordinances was later declared unconstitutional.
Montana Attorney General Mike Greely was critical of one of his staff attorneys. Greely, at his weekly press briefing, took issue with the comments of Marc Racicot, deputy director of the department’s criminal prosecution division. Racicot was speaking at a Helena school board meeting concerning banning certain books from the school libraries. Racicot commented, “We cannot genuflect at the First Amendment at every turn, but on occasion look at some forms of censorship.” Greely stressed that Racicot’s comments were as a private citizen not as a representative of the state Justice Department. Greely said he felt that Racicot had not chosen his words well. Greely indicated that he had spoken with Racicot and shared his personal views and that the matter was closed.
Racicot would take a long time to live down his First Amendment quote. Even Racicot acknowledges the quote played a part in his three judicial losses in the 1980s. At that Helena school board meeting, Racicot had a spirited exchange with board member Penny Bullock whose son, Steve Bullock, works in the attorney general’s office.
20 years ago
Missoula Justice of the Peace Michael Morris drew criticism from women’s groups and average citizens for the low bail amount he set for a rape suspect. Gerald Pileggi was arrested for the kidnapping and rape of a Missoula woman near Maclay Bridge on Wednesday. Pileggi’s bond was set at $5,000 by Morris, and Pileggi was out on bail within hours. The bail amount was considered extremely low given the nature of the crime involved. The Missoulian also heard from some two dozen irate citizens on the matter, some saying they lived near the area where the attack took place and felt unsafe. Morris indicated when questioned that Pileggi didn’t have a record and had strong ties to the community. Morris said Pileggi’s bail would be dealt with at a hearing in front of District Court Judge Douglas Harkin. Leaders of area women’s groups have been critical that crimes against women are not taken as seriously as they should be and that local district court judges have given those convicted of rape and domestic abuse lenient sentences.
Pileggi was convicted of the crimes in a spring 1989 trial, and despite numerous defense witnesses supporting Pileggi, he was sentenced to the Montana State Prison. Pileggi was transported to the prison in Deer Lodge in May 1989, but would live only until September 1990 when two fellow inmates bludgeoned him to death.
Chris Walterskirchen is the Missoulian’s community and sports historian. Reach him at 523-5245 or in writing at P.O. Box 8029, Missoula, MT 59807.
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