As Madison’s Capital Times marks its 100th anniversary in 2017, editors Dave Zweifel and John Nichols recall the remarkable history of a newspaper that served as the tribune of Robert M. La Follette and the progressive movement, earned the praise of Franklin Delano Roosevelt for its stalwart opposition to fascism, battled Joe McCarthy during the "Red Scare," championed civil rights, women’s rights, and LGBTQ rights, opposed the Vietnam War and the invasion of Iraq, and stood with Russ Feingold when he cast the only US Senate vote against the Patriot Act. The Capital Times did not do this from New York or Washington but from the middle of America, with a readership of farmers, factory workers, teachers, and shopkeepers who stood by The Cap Times when the newspaper was boycotted, investigated, and attacked for its determination.
At a point when journalism is under assault, when newspapers struggle to survive, and "old media" struggles to find its way in a digital age, The Capital Times remains unbowed—still living up to the description Lord Francis Williams, the British newspaper editor, wrote 50 years ago: "The vast majority of American papers are as dull as weed-covered ditch-water; vast Saharas of cheap advertising with occasional oases of editorial matter written to bring happiness to the Chamber of Commerce and pain and irritation to none; the bland leading the bland.… Just here and there are a few relics of the old fighting muckraking tradition of American journalism, like The Capital Times of Madison."
On 13 August 1990 members of the Mille Lacs Band of Ojibwe filed a lawsuit against the State of Minnesota for interfering with the hunting, fishing, and gathering rights that had been guaranteed to them in an 1837 treaty with the United States. In order to interpret the treaty the courts had to consider historical circumstances, the intentions of the parties, and the treaty's implementation. The Mille Lacs Band faced a mammoth challenge. How does one argue the Native side of the case when all historical documentation was written by non- Natives? The Mille Lacs selected six scholars to testify for them. Published here for the first time, Charles Cleland, James McClurken, Helen Tanner, John Nichols, Thomas Lund, and Bruce White discuss the circumstances under which the treaty was written, the personalities involved in the negotiations and the legal rhetoric of the times, as well as analyze related legal conflicts between Natives and non- Natives. Justice Sandra Day O'Connor delivered the 1999 Opinion of the [United States Supreme] Court.
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