The Evolving Ethics of Joke Theft

Kal Raustiala, a Professor at UCLA Law School and the UCLA International Institute, and Chris Sprigman, a Professor at the University of Virginia Law School, are counterfeiting and intellectual property experts who hang out at the Freakonomics blog, and their latest post discusses how the world of stand-up comedy deals with joke theft. Some of the commentary will remind you of the Monty Python sketch in which a professor dryly lectures (with demonstrations) on the art of slapstick, but their observation is important: professional comics have developed a series of standards, enforced informally by such methods as shunning, shaming, and confrontation (and the occasional punch in the face) to discourage theft of a form of intellectual property that cannot be efficiently protested by copyright or trademark law. Continue reading

Shameless

There is apparently is little that a politician can do today that is so uncivil, embarrassing or undignified that partisans won’t cheer it, and that fundraisers and marketers unencumbered by things such as values, responsibility, and shame won’t try to use to raise money. Call the President a liar during his State of the Union Address? Fundraising gold!  Shout “Baby killer!” on the floor of the House? Great!! Use it to get those checks flowing!

Now, not to be outdone by the shameless venality of the GOP, Democrats are using Joe Biden’s resort to gutter-speech, to the President, during a formal ceremony, on national television, as part of a new fundraising pitch.  CNN reports that Democrat donors who give at least $25 to the cause will receive “a limited edition ‘Health Reform is a BFD’ T-shirt in a super-soft, fine jersey (men’s) or baby rib (women’s) cotton fabric,” according to a new fundraising page posted on the website of Organizing For America, the White House political group housed in the National Democratic Committee. Continue reading

The Westboro Baptist Church and Free Speech: When Cruel and Unfair Can Still Be Right

The United States, as currently constituted, is a utilitarian nation. We embrace the inherent virtue of certain “natural” rights, and tolerate the frequent harm that some citizens commit while exercising the rights that all of us cherish. I think that is the correct philosophy, but it requires us to grit our teeth and re-read the Bill of Rights when the formula produces a nauseating result that is nonetheless right in our democratic culture. It was right to let the Nazis march in Skokie. It was right to let the Klan hold their non-violent, white supremacy demonstrations. And it was right for the court to make Albert Snyder pay the court costs when he lost his lawsuit against a hate group that disrupted his son’s funeral. No, it wasn’t fair, or kind, or empathetic. It was only right. Continue reading