Recalling the terror of testifying in Pierre

By: 
Jason Ferguson

Last Wednesday afternoon I headed off to Pierre for the annual News Media Day at the state legislative session. For the uninitiated (and why would you be?) this is the day that the board of the South Dakota NewsMedia Association (SDNA) and some other news media folks from around the state gather in Pierre talk to legislators and lobby them regarding things that could affect our profession.
Some years there is quite serious legislation we have to fight off. This year is very quiet, and for that we are thankful. We had a dinner with Lt. Gov. Tony Venhuizen and Gov. Larry Rhoden’s press secretary, Josie Harms, where we discussed some potential legislation and also fired some questions at Venhuizen. We appreciate both he and Josie coming to the dinner and answering some tough questions. While there is more work to do on our state officials being more open and transparent with the media, it has dramatically improved over the past year.
While we were there, I was informed first by a fellow SDNA board member, and then by our executive director, that I was to testify in favor of a bill in front of a legislative committee the next morning.
Uh...what?
My terror when it comes to public speaking is well documented, including by my SDNA colleagues. I get short of breath. I panic. I get flustered. It’s like I leave my body and everything goes into a fog. I’m getting better at it (thank you, Rotary presidency) but it still scares me and my heart starts to race the minute I’m told I have to do it.
Now, I contend I wasn’t told about it beforehand because they were afraid I wouldn’t show up. I cannot prove this. But I reluctantly agreed, and was to be at the capitol building the next morning at 7:45 a.m.
The testimony was in favor of a bill that would enact anti-SLAPP lawsuits, otherwise known as Strategic Litigation against Public Participation. Many states have such legislation, which protects journalists—and really anybody—from frivolous lawsuits meant only to overwhelm and punish the person being sued. If I write something someone doesn’t like (wildly different from something libelous) this legislation will prevent someone from suing the Chronicle simply because they want to make us spend a bunch of money and spend hours on discovery as punishment for daring to have a belief they don’t share. You can see why that is especially important in this day and age.
I was asked to testify on the bill due to my recent experience with being involved in a lawsuit and the potential time and expense for the discovery process. No, we did not get sued, but as you recall, we were subpoenaed as part of Preserve French Creek’s lawsuit against the City of Custer regarding the wastewater effluent discharge location. Attorneys for Preserve French Creek sought a lot of information from us, which was extremely intimidating. So while we weren’t in a lawsuit, the comparison could be drawn to see just how devastating it would be to a small company to be subjected to such a suit. The legislation would put a stop to it before it even got to discovery.
So, when the proponent testimony began, I sat there sweating, as first our director, then a colleague, then two other gentleman, testified in favor of the legislation, which I should mention is being sponsored by District 30’s own Sen. Amber Hulse.
“Any other proponent testimony?” the chairman asked.
My director pointed at me and motioned to the chair where testimony is given. I took a deep breath and walked toward the chair, my worst nightmare unfolding.
But a funny thing happened. I was nervous, but not overwhelmingly nervous. I told my story, without too much stuttering or losing the ability to breathe. I went and sat down. At the end there was time for questions.
I put my head down and hoped I would not be called back up to answer questions. 
“Mr Ferguson?” a committee member called out.
Damn. It.
“Offfff course,” I  said, maybe a little too loudly.
Back up I went. I answered the question, thanked everyone (I think) and went and sat back down. It was over.
Best of all, the bill was passed in committee 8-0 and was moved to consent, fast-tracking it to state law. A win. And I helped. I was a part of the process.
You’ve all read my columns and editorials enough to know that politics is one of my least-favorite things in the world, and I will rightly (in my mind) criticize both sides of the aisle when needed. But I must admit, at the end of it all it was interesting to see the process and be a part of it, if only in some small way.
I certainly won’t line up to testify before a state committee anytime soon, but it wasn’t so bad. Thank you to Sen. Hulse for bringing the legislation, and to the committee for unanimously approving it.
I might even bring myself to look up my testimony and watch myself in action. Maybe. One phobia at a time.

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