The Supreme Court affirmed today that a Trademark law’s restriction on registration of disparaging marks violates the free speech guarantees of the US Constitution. In the case of Matal v. Tam, the Court (as Ethics Alarms predicted over a year ago) ruled that the government cannot legally deny a trademark to companies or other applicants solely on the basis of the name being regarded as “offensive.”
Good.
The case concerned an Asian-American band called The Slants, but the decision effectively settles the Washington Redskins’ fight to retain the trademark on its nickname. Harry Reid, also engaging in unconstitutional infringement of free speech, had his Democrats in the Senate send a threatening letter to team owner Dan Snyder, while the U.S. Patent and Trademark Office (PTO), taking its cues from the Obama Administration theme that race and victim-mongering trumps basic rights, ruled that the Washington NFL team’s name was “disparaging to Native Americans,” and cancelled six of its federal trademark registrations. The team appealed that verdict, and team owner Dan Snyder has vowed not to cave to illegal bullying from the government.
Thanks to the ruling—did I mention that it was unanimous?—the PTO will begin allowing registration of disparaging marks and will not cancel Registered marks because they are disparaging.
The last time I addressed this issue, in December of 2015, I wrote,
“I would like to see Snyder fight off the unethical government speech bullies, foil the political correctness hordes, and then, after he hasn’t heard a peep about team for a couple of years quietly change the anachronistic team name on his own volition. It’s time. The message sent by capitulating to the activists trying to force him to change, however, would be the same dangerous message sent by today’s college administrators, which is that a claim of offense doesn’t have to be reasonable to effectively muzzle speech, just persistent.”
1. Newly minted NBC “star” Megyn Kelly announced that she would be interviewing infamous right wing political troll and conspiracy theorist Alex Jones on a segment of her new show.
Jones is a fringe media figure and a proven liar, but he has been cited positively by President Trump, and has successfully caused some wide-spread comtoversy and offense, such as when he claimed that the Newtown massacre was a hoax. There is nothing wrong with interviewing such figures; indeed, it is important to interview them. provided ethical journalism standards apply.
Unfortunately, as this episode demonstrates, journalists no longer know what those standards are.
2. In order to persuade Jones to agree to the interview, Kelly promised him—Jones had a tape—that he would be treated fairly. Note: when you tell someone they will be treated fairly in order to have him trust you, your definition of “fair” must be his definition of “fair.” If he is thinking, “Ah! She will be neutral rather than adversarial, and will not be looking for gotchas!,” but she meant, “It’s fair that I fillet you like a trout, you bastard!” then the interview subject has been deceived.
3. The parents of the victims of the Newtown shooting, as well as their sympathizers and allies, protested the interview, as I wrote about here, saying that NBC was giving Jones a platform. Sympathy and grief are not excuses for censorship. The fact that the parents hate Jones suggests that they shouldn’t watch him be interviewed. They should not seek to interfere with my right to see how he presents himself, and companies (like J.P Morgan) that responded to the threatened boycott by pulling their ads told me that they will go as the winds blow, no matter how totalitarian the direction it might be.
Good to know. To hell with them.
4. New York City Mayor Bill de Blasio, speaking of progressives with muddled values, wanted NBC to pull the segment.. The NBC affiliate in Hartford refused to air the episode because the “wounds of that day that have yet to heal.”
Yes, by all means, journalists should never report news or do stories that might upset anyone.
5. Showing the integrity of a sneak-thief, NBC and Kelly furiously re-cut the interview and added a segment in which some Newtown parents could attack Jones.
7. The interview aired last night, and reviewers were satisfied that Kelly was “tough enough” with Jones, and signaled with her voice, facial expressions, tone and questions that she thought he was scum. “Short of waterboarding him,” one critic wrote, “I don’t know what more Kelly could have done to expose Jones’ dark methods.”
“On Friday, June 16, 2017, Laura Loomer, a patriot activist and journalist, took the stage at Shakespeare in the Park’s performance of “Julius Caesar”, a performance where liberals applaud as President Trump’s assassination is shown in full bloody detail. Laura was arrested for speaking out against this performance.”
What makes a blog post especially unethical? Oh, many things: misstatement of facts, ignorant analysis, sensationalism, incompetence, not being able to distinguish right from wrong and good from bad, appeal to bias and stupidity. Wintrich’s post, absurdly called “Proud Conservative Woman Was Arrested Friday at Trump Assassination Play – Help Pay Her Legal Fees *HERE*!” has all of this and more.
The conservative woman, along with her conservative male partner in attempted censorship, has nothing to be proud of. She’s proud of emulating the leftist crypto-fascist students who have been using intimidation and riots to prevent conservatives from speaking? She’s not a patriot, since patriots don’t intentionally ignore core American principles like freedom of expression and speech whenever they feel like it. The word Wintrich is looking for in his limited vocabulary is “hypocrite.”
She was also not arrested for “speaking out” against this performance. This can only be a lie, or Wintrich is too stupid to be allowed to put his shoes on by himself. You cannot be arrested in the U.S. for “speaking out,” and nobody ever is. He is trying to inflame the stupid and ignorant, or he is stupid and ignorant. Laura, the jerk, was arrested for interrupting a theatrical performance that she had absolutely no right or justification to disrupt. Just so there is no mistaking his dishonest, inflammatory and ignorant description as entirely deliberate, Wintrich, the hack, repeats it, writing,
“The left keeps calling President Trump a fascist dictator, but speaking out against assassinating a Democratically elected President apparently gets you arrested in New York City.”
1. The number of pundits, talking heads and formally respectable citizens on social media who have implied, suggested or come outright and said that Rep. Steve Scalise deserved to be shot because of the political positions he espouses should be an ethics alarms trigger for progressives and Democrats, but so far has not been. MSNBC’s Joy Reid:
“[I]t’s a delicate thing because everybody is wishing the congressman well and hoping that he recovers, but Steve Scalise has a history that we’ve all been forced to sort of ignore on race,” Reid said. “He did come to leadership after some controversy over attending a white nationalist event, which he says he didn’t know what it was.
He also co-sponsored a bill to amend the Constitution to define marriage as between a man and a woman. He voted for the House healthcare bill, which as you said would gut health care for millions of people, including three million children, and he co-sponsored a bill to repeal the ban on semi-automatic weapons.
Because he is in jeopardy and everybody is pulling for him, are we required in a moral sense to put that aside at the moment?”
What? What’s a “delicate thing?” Absolutely opposing and condemning people shooting elected officials they disagree with is a delicate thing? It’s not a delicate thing at all. It is an ethically mandatory thing. Reid, and all the seriously ethics-deficient people on Facebook calling Scalise’s shooting “karma” are rationalizing assassination and violence, using weasel words. They are beneath contempt at this point in their lives, and need to be told so, repeatedly, until they get some help. They are directly validating violence as a legitimate political tactic.
2. It will be very difficult to convince me that the horrific increase in opioid addiction and related deaths is not at least partially fueled by the surrender of the culture to the pro-pot lobby. I have long predicted this would happen once the government gave its blessing to recreational drug use on any level. The logical jump from “using this drug that incapacitates you and makes you unproductive, stupid, and a burden on society is just fine,” to “using this drug that makes you even more unproductive and might kill you is a crime because it’s bad for society” is too great for a lot of people, and we already knew that. Never mind: the well-to-do pot heads will never admit they were wrong, and this is an especially vicious genie that will not be tricked back into its bottle.
Loomer rushed the stage shouting that the scene was an “act of political violence against the right,” and said the play was “unacceptable.” The play was briefly halted, and the crowd appropriately jeered as Loomer was taken away by security. Then Posobiec stood up and shouted, “You are all Goebbels! Goebbels would be proud!” He also also shouted that the blood of wounded Republican Congressman Steve Scalise was on the audience’s hands.
A play is free speech and performance art, in this case, political performance art. The actors have a right to present the play, and the audience has a right to watch it. Nobody has a right to disrupt the performance, no matter what the subject matter is, and no matter what the motives of the disrupters may be.
Jack Posobiec and Laura Loomer are hypocrites. Glenn Reynolds, law professor and USA Today columnist, disgraced himself by writing,
“Is this dumb? Yeah, but that never stopped lefties and now they’re getting to see what it feels like to have your hair pulled.”
…thus endorsing a pure tit for tat, mob ethics, “you do it to us so we’ll do it to you” ethics death-spiral. A law professor. He should be ashamed of himself, especially as the Instapundit, an icon of the Right, a status I have seen him abuse too often already. Continue reading →
1. It looks like Bill Cosby is going to be acquitted, and probably rightly so, though probably for the wrong reason: bias. The jury is deadlocked, and I’d bet my head that one or more hold-outs just can’t accept the fact that that nice Cliff Huxtable would do those horrible things unless the victim consented somehow. Cheat on his wife. maybe. But not that.
Celebrity defendants whose public images are benign begin criminal trials with automatic unreasonable doubt built-in; this is part of the reason O.J. and Robert Blake (“Baretta”) avoided murder convictions. Celebrities with less sterling reputations are not so fortunate: had Bill Cosby been the one who shot a woman he barely knew at his home under strange circumstances, he would have probably been acquitted. Unfortunately for Phil Spector, the pop record producer had a well-established reputation for being nuts. The reasons Cosby can be acquitted for just reasons is that the victim is on record calling and chatting with him dozens of times after she was drugged and sexually assaulted, and because only one of the 50 or so Cosby victims was allowed to testify to show a pattern of behavior. The standard of proven guilt beyond a reasonable doubt is intentionally difficult to meet. There is no doubt whatsoever in my mind that Cosby is guilty, and his eventual acquittal won’t change my certainty. Nonetheless, those attacking the verdict and the jurors will be wrong, just as they were with O.J. and Casey Anthony.
2. One more thing regarding Cosby: yesterday I heard a CNN anchor who was about to interview another Cosby victim describe the woman as someone who has accused Bill Cosby of “inappropriate conduct.” The host caught herself, sort of, by adding, after a pause, “to say the least.” The woman claimed she had been raped. Even the anchor couldn’t bring herself to attach to dear, funny, sweet Cos such a heinous crime, so she engaged in craven equivocation. “Inappropriate conduct”? Belching at the dinner table is inappropriate conduct. Drugging trusting young women and raping them is entirely different.
This is CNN.
I regard a broadcast news journalist stating that Bill Cosby has been accused of “inappropriate conduct” misleading, incompetent, and fake news. Continue reading →
1.Senator Diane Feinstein redeemed some of the Democratic Party’s integrity by stating that James Comey’s revelations regarding Obama AG Loretta Lynch’s directive that he lie to the news media and the American people so they wouldn’t think Hillary Clinton was being investigated warranted hearings and its own investigation. This was easily the biggest story to come out of Comey’s testimony, as the U.S. government using its power to influence a Presidential election by spreading misinformation is far more serious than a foreign power influencing an election by allowing the public to see what a candidate and her party have been covering up. (I have stated the issue this way before, and will continue to do so, since it is accurate and true.) That this damning account was mostly buried by the New York Times, the Washington Post and the broadcast media is yet one more smoking gun (as if more were needed) proving just how partisan and untrustworthy the news media has become. It also should focus more attention on the still-percolating IRS scandal, speaking of subordinates interpreting a leader’s expressed desires as directives, as well as Barack Obama’s repeatedly demonstrated belief that the ends justifies the means in the 2012 campaign, the passing of the Affordable Care Act, the Iran deal, and more.
2. NY Times op-ed columnist Charles Blow, a smoking-gun himself since the Times’ refusal to discipline or can him when he repeatedly used anti-Mormon slurs to attack Mitt Romney, has become the loudest shill for “the resistance” at the paper–quite an achievement, since the whole paper is a shill for “the resistance”—reveals that 43% of the public (according to polls, remember, and we now know how reliable and unbiased they are) believe that Congress should commence impeachment hearings. Blow finds this tragic, but the only two interpretations of the data is that 43% of the public is civicly, legally and historically ignorant, that 43% of the public has been completely misled by the biased reporting of the news media, or that 43% have embraced the anti-democratic view of impeachment being pushed by progressives and “the resistance,” which is that it is a legitimate device to undo elections and ensure that the Left achieves permanent rule over us all. Writes Blow, sniffling,
“I know well that the very real obstacles to removal injures the psyche of those worn thin by the relentless onslaught of awfulness erupting from this White House. I know well that impeachment is one of the only rays of hope cutting through these dark times. I’m with you; I too crave some form of political comeuppance. But, I believe that it’s important to face the very real possibility that removal may not come, and if it does, it won’t come swiftly. And even a Trump impeachment would leave America with a President Pence, a nightmare of a different stripe but no less a nightmare.”
It should bother everyone that a man like this has a regular, high-visibility platform for his corrosive views. Impeachment is national convulsion that good citizens only hope for when a President has engaged in impeachable acts. Blow and other like him, who hope for those impeachable acts to justify removing a President they object to on ideological, personal or other grounds are just people with busted ethical alarms, bad citizens, bad neighbors, and dangerous to our democracy.
3. Here is an ethics train wreck from academia.A white professor at the University of Tennessee asserted via a multiple choice quiz ( Colleges use multiple choice quizzes?) that the statement “Black family bonds were destroyed by the abuses of slave owners, who regularly sold off family members to other slave owners” was wrong. A black student vehemently disagreed and challenged the teacher, who then threatened to “get” the student on Facebook. After the professor was pressured into resigning by the university, she emailed the class with a further attack on the student, without using her name. Naturally, the student has decided that this single incident shows the lurking perfidy of white social justice warriors, or to put it bluntly, “Can’t trust whitey!” How do people like the professor get hired? Since when is a professors position “unacceptable’ because it disputes conventional wisdom? Is race immune from non-conforming academic views? And why are college courses using multiple choice quizzes? [Pointer: Fred]
4. Also from Ethics Alarms Super Scout Fred: this study, showing that Oakland police officers “tend to speak less respectfully to black people than to white people during traffic stops, using language in these everyday interactions that can erode community faith in the police, according to a first-of-its-kind study of body-camera footage released Monday by Stanford researchers.” Ugh. Now that’s “ microagression,” and maybe not so micro.
Ethics diagnosis: incompetent training, negligent oversight, and dead ethics alarms.
5. CNN has a lot of work to do before it can claim to be a professional and trustworthy news source, and one obvious step is to fire Brian Stelter, the network’s alleged journalism ethics watchdog. His predecessor Howard Kurtz was pretty bad, but Stelter is pure flack, seeing his main function as defending CNN and his secondary function as denying media bias, since he is so shockingly biased himself.
Yesterday on his ironically-named show “Reliable Sources,” Stelter and guest Jeff Greenfield blamed President Trump for polls that show a steep decline in public trust of the news media. Greenfield said, “I think that has served that relentless campaign on Twitter and in his comments, fake news, fake news, fake news has been to convince that group of people that there is no such thing as a set of facts independent of your politics. And that has certainly served to continue and accelerate what you’ve talked about as a long process of declining trust in news.”
The downward trend will continue until prominent members of the news media admit that the reasons trust in journalism have declined precipitously are
That the mainstream media’s partisan bias is obvious and palpable,
That has proven itself untrustworthy, and
Arrogant hacks like Stelter and Greenfield make it clear to all willing to see reality that the news media thinks that there’s nothing wrong with its reporting.
As for President Trump, he has an ethical and professional obligation to focus attention on the news media’s shift into a partisan political force, both to prioect his administration and to ensure that the public isn’t deceived. The previous President was happy to ignore this dangerous development, because Obama foolishly thought he benefited from it. In truth, he and the nation would have benefited more by journalism that held him to higher standards and criticized him when he deserved it, which was often.
1. Mainstream media bias has been such a frequent topic on Ethics Alarms that I hesitate to focus on it even when, against all odds, what passes for American journalism has another rotting chunk fall off. The reaction of most of the media to the Comey testimony was a huge chunk, once again shocking me when I didn’t think my regard for this unprofessional profession could sink lower. Some commentators yesterday (they were conservative, but there is no reason a fair and objective liberal wouldn’t and shouldn’t come to the same conclusion) said that we are witnessing the birth of a mainstream media-progressive fusion political party. This is not a hysterical analysis. The New York Times coverage of the Comey hearing, for example, was so misleading and dishonest as to eliminate that paper from ever being regarded as a reliable political analyst again, at least until it cleans house and issues an abject apology to the nation. Ethics Alarms reader Greg did an excellent job detailing the Times’ disgraceful anti-Trump/pro-resistance spin in the thread on the Comey testimony post, as did journalist commenter Tippy Scales.
The Times knows its first take was untenable; you can tell by its editorial today, in which it already is changing the subject. If Comey had laid a glove on Trump (and he didn’t) regarding impeachable conduct and a route to removing him—which was the Left’s fervent hope and the resistance’s confirmation bias-driven fantasy—the Times would have been shaking its fist and demanding action in it Sunday pronouncement. Instead, it offered an extended whine about how Paul Ryan excused Trump’s clumsy handling of his communications with Comey by citing Trump’s inexperience, but that he had condemned President Obama for his inexperience, as if the two positions are inconsistent. First, they are not: Ryan did not support Trump’s nomination, though political inexperience was the least of his disqualifications. Second, the President’s cluelessness is directly relevant to the weaker than weak argument that he was obstructing justice by having the kinds of conversations with a subordinate that is commonplace in a business setting. The Times, as it has been doing a lot lately, simply assumes away an insuperable obstruction to its “resistance” position, , saying that “The president obviously knows that it’s wrong to interfere in an investigation.”
Like Hillary Clinton, apparent cyber-dolt, “obviously” knew that using a private server for State Department business violated classified communications law?
The same logic that Comey himself used to give Clinton a Stay Out Of Jail pass applies to Trump’s statements to Comey, but far more reasonably. Not only was he not, as Ryan said, “steeped in the long-running protocols that establish the relationships between D.O.J., F.B.I. and White Houses,” the President wasn’t interfering in the Flynn investigation by telling Comey he hoped it would end, and he couldn’t interfere in the Russian investigation by firing the FBI director. The Times editorial reveals the real impetus behind the paper’s determination to bring down the President who dared to be elected by “deplorables” who don’t march to the Times’ ideological lock-step: Trump “[struts] about at the head of the party, insulting everyone and everything in sight: staff members, allies, laws, diplomatic decorum and common sense.”
Yes, for once the Times is reporting accurately, but that’s not grounds for removing an elected President, and it does not justify misrepresenting facts to create a public groundswell based on bias, hate, fear and ignorance.
2. And when it is clear that the news media and the Democrats are coordinating in an “Anti-Trump” party, what is a responsible stance for the Trump Administration regarding news organizations who wave the anti-Trump banner at the expense of fair reporting? Continue reading →
Uber is being investigated by two law firms hired to make assessments regarding the corporate practices and culture at the ride-sharing giant, determine what created the toxic environment that led to sexism, sexual harassment, other unethical management conduct, and recommend remedial measures. Usually in such situations, the problem stems from unethical leadership. Guess what? Uber’s unethical conduct stems from not merely unethical leadership, but a leader with ethics alarms that have rotted into dust and rust.
The two law firms recently uncovered a 2013 e-mail sent to Uber’s staff by CEO Travis Kalanick before a company outing in Miami. Internally referred to as the “Miami letter,” this thing screams “What was he thinking?”, “Where were the lawyers?” and “This guy might get elected President of the United States!”
1. In the category of “Good!”, or maybe “Better late than never!” was the news that CNN, after a a full week of pondering, determined that maybe it wasn’t sufficiently professional for a host to call the President of the United States a “piece of shit,” or anyone a “piece of shit,” really, or use “shit” under the CNN banner, so it fired “Believer” host Reza Aslan. I don’t know why CNN can’t figure out that an immediate firing sends the message that the organization has professional standards and enforces them, and the way CNN handled this says, “We were hoping this would blow over, but guess not.”
Aslan’s tweet after his hook raised other questions:
Wait, CNN is trying to be an unbiased new outlet???
Oh, is “piece of shit” how scholars express themselves now?
“I need to honor my voice” by being able to use vulgarity to express his measured views. Got it.
The “tenor” of discourse is entirely within the control of the speaker.
Why does CNN put people on the air who don’t understand or respect their professional obligations to the network or the audience?
2. Fox News’s Sean Hannity got web headlines yesterday by tweeting to Aslan: “I do not think you should be fired. You apologized.” Sean Hannity is really too dumb to be allowed out without a leash. His theory is that an apology magically returns everything to where it was before the conduct in question, as if there were no effects. This was serious breach of professionalism and responsibility showing the Aslan was too untrustworthy to be allowed to have his own TV show. It proved that he was a threat to CNN’s reputation (Crude News Network” is the current successor to “Clinton News Network,” and no organization can function if its announced policy is “Go ahead, do anything; as long as you apologize, your job is safe.” Continue reading →
Ethics Alarms 