Warren Watson
First Thoughts
Jan. 21, 2008

Unlikely First Amendment hero

Cary Malchow says he is an unlikely First Amendment hero, and insists he was doing what Americans should do when he spoke up at a recent meeting of the Muncie City Council.

Now, the question is:  will be continue to press the local council to investigate one of its own regarding allegations of voter fraud?

Although he is not sure he will rise to the microphone again when the council next meets on Feb. 4, one thing is certain.  A lot of people will be watching.

“Many of us think that there might be 300 people at the meeting, more than the chamber can handle.  The meeting may have to be moved to a larger site,” said Malchow, the proprietor of Outfitter, a local business, and an erstwhile public figure who has emerged in the wake of property tax protests in Muncie.  If you’re keeping score, Malchow, protesting what he considered excessively high taxes on his business and rental properties last summer, paid his tax bill – a total of $12,656 – in single dollar bills.

Two weeks ago, at the first 2008 meeting of the Muncie City Council, Malchow spoke out at the end of the meeting during a time designated for public comment on any subject.  Captured on video that landed on the video-sharing web site YouTube, Malchow called on local lawmakers to investigate council member Monte Murphy for voter fraud.  Although Malchow was clearly in order during his comments, and speaking under the designated three-minute time limit, council president Sam Marshall gaveled him off, while many in the audience of 120 chanted, “Let him speak. Let him speak.”

Cooler heads eventually prepared – and Marshall apologized to Malchow for his hastiness. The YouTube clip, meanwhile, has had more than 6,000 views.

Malchow said his actions were not intended to be a free-speech protest. Said Malchow: “There’s kind of a ‘good-ole boy’ system in Muncie and residents are supposed to keep their mouths shut.  My intention was to ask a simple question.”

But, Malchow admits he has thought a littler harder about free speech since the first meeting and said “issues still need to be raised.”

Chris Hiatt, a fellow Muncie business owner, said he admires Malchow for his actions.  “Cary did the right thing.  We all have a basic right to criticize our government when the situation warrants.”