First Amendment Scholars Flunk An Integrity Test

Lawsuits have been brought in several state and federal courts accusing accuse Project Veritas, Fox News, The Gateway Pundit, One America News and other conservative news and commentary sources of intentionally making false claims of voter fraud after the 2020 election, harming innocent civil servants and businesses in the process. Apparently a lot of “legal scholars” who typically take the side of the news media in such cases, like Sarah Palin’s recent lawsuit against the New York Times which she lost last month, feel differently about these lawsuits. Many First Amendment lawyers are rooting for a finding of liability in the cases to make it possible to punish the intentional or extremely reckless dissemination of false information while protecting the press from lawsuits over inadvertent errors.

You see, false information disseminated by a conservative news source is intentional disinformation, while false information disseminated by a mainstream media news source is just an inadvertent error. Clear?

New York Times v. Sullivan established the “actual malice” standard for defamation, which requires that a suing public figure must prove a person or media outlet knew what it said was false or acted with “reckless disregard” for the high probability that it was wrong. The lawsuits against the conservative outlets argue that by uncritically presenting “disinformation” from guests (Like Sydney Powell, above) who questioned the legitimacy of the 2020 election, the news sources were endorsing defamation and became a malicious party to it. The Times writes,

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The Ukranian Bio-Labs And The Smearing Of Tulsi Gabbard: An Ethics Mess

I nearly included this post’s sub-title in the headline, but it was too long: “Gee, wouldn’t it be great if the United States had a trustworthy, objective and competent journalistic establishment that we could rely on for critical facts?”

We don’t have such an establishment, however.

Gabbard, the former Democratic member of Congress from Hawaii who acquired more delegates in her run for the Presidency in 2020 than Kamala Harris [insert inappropriate cackle here], is roundly detested by her own party and the mainstream news media (but I repeat myself) for refusing to follow party talking points and false narratives on a variety of issues. The latest in her political muckraking is a two-minute video posted to her Twitter account, in which she stated that there are 25 to 30 American-funded biological laboratories in Ukraine and called for an immediate ceasefire around them before an accident spreads dangerous pathogens.

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Ethics Quote Of The Month: Prof. Michael Ignatieff

“Lincoln should be with us all these days especially since ‘malice toward none’ has been replaced by malice toward all, as if in our ideological arrogance we have forgotten that neither God nor justice is necessarily on our side.”

-Philosophy scholar Michael Ignatieff, Ph.D. professor at  Central European University in Vienna, Austria, in his recent book, “On Consolation,” his examination of how figures in history, literature, music, and art searched for solace while facing tragedies and crises.

In a chapter devoted to Abraham Lincoln’s Second Inaugural Address, delivered in March 4,1865, near the end of the Civil War and with his own assassination six weeks away, Ignatieff explains that Lincoln concluded that “neither side could ever know what God intended by the fiery trial,” so “the victor had no right to raise the sword of vengeance while the defeated had the right to claim the dignity of honorable defeat. Humility about the ultimate meaning of the war, in other words, created the space for mercy.” Continue reading

Will The Audacious “It Isn’t What it is” Propaganda Assault By The American Left Succeed?, Part 2 (Addendum)

I didn’t foresee a this supplementary post being necessary after parts 1 and 2 a month ago. The evidence was overwhelming already that the Democratic Party was, with record-setting gall, accusing the Republicans in general and Donald Trump in particular of being an existential threat to democracy while their own party was deliberately undermining the Constitution. Part 2 listed 15 examples; it was far from complete. However, one of the more absurd examples, which I originally flagged in this earlier post, is apparently being seriously pursued.

Jonathan Turley caught us up in a column last week in The Hill.

Although the moldy oldie Equal Rights Amendment failed to be ratified by a sufficient number of states before the Congress-imposed deadline for doing so expired, Democrats want it to be declared the 28th Amendment to the Constitution anyway. Turley explains,

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Ethics Quiz: The Race-Based Job Interview Question

I think I know where I come out on this, but I may be wrong. Let’s see what you think…

Donna Johnston, a licensed social worker, said she was interviewing to teach sociology at Bridgewater State University in Connecticut last summer when she was asked by her interviewer to contemplate and defend her “white privilege” and told that “black students may not be able to relate” to her because of it. She took the questioning to mean that she had to defend being white, and alleges in a law suit that her “whiteness” cost her the job.

Johnston’s lawyer says that “If somebody had said to a black applicant, ‘let’s talk about your blackness, or how does your blackness affect something,’ there’d be outrage.” Yes, I think that’s a fair assumption. But the school claims, in its defense, that their questioning was appropriate as a way to give Johnston an “opportunity to show … how she would use her experience and teaching skills to overcome a common obstacle as a social worker and teacher.”

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Ethics Observations On “Benny Drama’s” White House Video

WordPress won’t let me embed TikTok and Instagram videos (or I can’t figure out how to do it), so if you are unfamiliar with the with the collaboration by the White House and web comic “Benny Drama” to convince Gen Z-ers to take their Wuhan vaccine, the above overview will have to do. The video debuted in August, but Fox News pundit Laura Ingraham aired part of it—with a sneer on her lips—just a couple of days ago.

Ethics Observations:

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Ethics Savings Time, 3/13/22: Columbus, Leadership, Villainy, Lies, Hitler And Baseball

This date in 1865 marked one of the great hypocrisies of all time. The Confederacy, back to the metaphorical wall and facing defeat, approved the use of black troops. Slaves were the last source of recruits left for the Confederacy, but forcing them to fight against their own interests was as cruel as it was illogical. One Southern politician asked, “What did we go to war for, if not to protect our property?” Another pointed out, “If slaves will make good soldiers, our whole theory of slavery is wrong.” Ya think?

Focused only on military survival, General Robert E. Lee’s brutal contribution to the debate was “We must decide whether slavery shall be extinguished by our enemies and the slaves be used against us, or use them ourselves.” At least Lee asked that the black soldiers who fought for the Confederacy be ensured their freedom, but the Confederate Congress’s bill authorizing black soldiers on March 13, 1865, did not include that feature.

1. What is the ethical reply to a Facebook comment like this? An old friend and nice guy weighed in on a Facebook thread entirely occupied by tunnel-visioned, knee-jerk progressives (like him) and launched by a fatuous comment about what a great leader Zalinsky is and how the U.S. has no similarly admirable political leaders. My friend wrote, “Biden’s doing a good job!” I had to wrestle my fingers to the ground. By what possible perspective could anyone of any political persuasion say that Biden is doing a “good job”? My friend isn’t especially political; he’s not lying: he must really think that, and, of course, all of the knee-jerks “liked” that assessment. I ultimately decided to let his statement go, and instead wrote that bravely refusing to accept defeat during an invasion and inspiring your nation is a narrow band of admirable leadership in a very specific kind of situation, but it doesn’t, by itself, make someone a “great leader.” Before the Russian attack, nobody thought of Zalinsky as a great leader. He has guts and principles, but there is more to leadership than that.

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Chess Board Ethics: A Popeye

I know: it’s doubtful that Popeye even knows how to play chess. But it’s Saturday night, as usual only the hard core is visiting Ethics Alarms, and this particular blot of laziness and incompetence has been driving me bananas for decades. Today was the final straw.

On a new Amazon Prime BBC documentary series “A Very British Murder with Lucy Worsely,” the final episode had Lucy talking about the gamesmanship going on in “Golden Age” British murder mysteries. As she rattled on, we saw a mid-game chessboard, and a hand was seen moving a piece. The chess board was set up incorrectly. The board, which we were shown from the White player’s perspective, had the black square in the right-hand corner. Continue reading

Saturday Snow Day Ethics Drifts, 3/12/2022: Cackles, Negligence And Laziness

In Virginia, an unexpected chance to use Dean’s definitive rendition of this cheerful winter song for the last time (I assume) before “The Flowers That Bloom In The Spring (Tra-la!)” is more appropriate…

Dog-walking ethics reflections: one of these days, I am going to stop and admonish the dog owners I see walking their four-legged companions in any of the following ways:

  • Dragging the dog on the leash at a breakneck pace and not allowing it to stop and sniff, which is roughly the equivalent of forcing a toddler to walk blindfolded.
  • Walking the dog while engrossed in a bluetooth or cell phone conversation, not interacting with the dog at all.
  • Walking far in front of the dog, without ever making eye contact or physically interacting with it.
  • Riding a bicycle with a dog on a leash, forcing the dog to run along to keep up.

Dogs want to be close to their humans and be acknowledged. Spuds gets so excited about going out that he can barely contain himself. I talk to him on our walks, try to accommodate his whims and interact with him as much as possible. The practices I see with too many other dog owners come just short of animal cruelty. I know I’ve mentioned this before, but yesterday was especially bad, as I saw one neglectful walker after another.

Now I’m taking Spuds out. He loves to eat fresh snow.

1. This drives me crazy. The House voted last week to pass a multi-trillion-dollar “omnibus” spending bill that was more than 2,700 pages. Members of Congress received the 2,700+ page bill’s text in the early morning hours with the vote scheduled for the same afternoon.  Obviously, the vast majority of the House voted without reading the bill—-I’m pretty sure none of them read that fast. I have serious doubts about whether some of them can read at all.

Voting on mere summaries is irresponsible on the Members’ part, and not providing adequate time for Members to perform due diligence is unethical on the part of House leaders. Complains Brad Polumbo, “And, of course, if they voted against this bill, they will now be accused of opposing pay increases for soldiers and being obstructionists who shut down the government.”

Too bad: they still have an ethical obligation not to vote blindly. Each House Member should have to certify under oath that he or she has read any bill they vote for. If they are not given sufficient time, they should withhold their vote as a matter of responsible government. Continue reading

Ethics Dunce: Friends University (Kansas), Or “Why Do Colleges Find That Free Speech Thingy So Complicated?”

Cutting to the metaphorical chase: Friends University in Wichita, Kansas, refused to allow a student recital honors project titled “The Shows They Don’t Want Us to Produce: A Study of Censorship Throughout the History of Musical Theatre,” to take place on campus. Yes, Caitlyn Fox’s show about censorship was censored.

Brilliant.

Some of the songs Fox would sing in her recital were “Aquarius” from “Hair,” “Maybe This Time” from “Cabaret,” “Gethsemane” from “Jesus Christ Superstar,” “Schadenfreude” from “Avenue Q” and “My Unfortunate Erection” from “The 25th Annual Putnam County Spelling Bee,” among others. The program had been approved, Fox had been assured that all was well, and then the university’s vice president of academic affairs and dean of the faculty sent Fox an email that kicked the recital off campus. He wrote in part:

“I’m writing to let you know that in the past few hours we have received significant complaints from staff members and donors regarding [your] Recital/Honors Project. People who have worked at and/or supported the university for a long time are considering withdrawing their support if we move forward with having the recital at Friends.”

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