Banning Thoughts, Positions and Ideas in Higher Education Is Unethical and Unconstitutional….But Is Cultural and Values Surrender the Only Alternative?

Greg Lukianoff is the president and chief executive of the Foundation for Individual Rights and Expression, which has taken over the non-partisan role of First Amendment protector that the ACLU abandoned over a decade ago. In an essay for the New York Times titled, “This Is No Way to Run a University” (gift link), he easily smashes some low hanging conservative fruit: Texas A&M University introducing policy changes aimed at a sweeping review of course materials aimed at purging state disapproved assertions about about race and gender ( according to a bill passed last spring by the Texas Legislature) from woke curricula.

The bill is almost certainly unconstitutional as state forbidden speech. Lukianoff highlights the fact that the law was interpreted at Texas A&M as mandating the elimination of some Plato works from a philosophy course on how classical ethical concepts apply to contemporary social problems, including race and gender. That is clearly a ridiculous result. The free speech activist writes in part,

“Texas A&M seems to have concluded that the safest way to handle the ideas contained in a classic text is to bury them. This is no way to run an institution of higher education. University administrators and state lawmakers are saying, in effect, that academic freedom won’t protect you if you teach ideas they don’t like. Never mind that decades ago, the Supreme Court described classrooms as the very embodiment of the “marketplace of ideas”: “Our nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us, and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom…Within the Texas Tech University system, which has more than 60,000 students, a Dec. 1 memo warned faculty members not to “promote or otherwise inculcate” certain specific viewpoints about race and sex in the classroom. These include concepts like “One race or sex is inherently superior to another”; “An individual, by virtue of race or sex, is inherently racist, sexist or oppressive”; and “Meritocracy or a strong work ethic are racist, sexist or constructs of oppression.” The point isn’t that these concepts should just be accepted or go unchallenged; it’s that challenging them through a robust give-and-take is what universities are for.”

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Right Into The Res Ipsa Loquitur Files: The Dumbest Anti-I.C.E. Meme Yet…

What else is there to say?

A Facebook Communist friend posted that, and I know he believes it. What kind of indoctrination, propaganda, and unethical social bubble makes an intelligent man think that bigoted analysis is true, fair, reasonable or responsible?

And I guarantee that no one will criticize or argue with that asinine post.

It’s Time To Play That Exciting Game Show, “Worth Confronting or Too Trivial To Bitch About?”!

Hello everybody! I’m your ethics game show host Wink Smarmy, and welcome to “Worth Confronting or Too Trivial To Bitch About?”,” the popular ethics game show where our contestants try to decide whether clearly unethical conduct is worth only a shrug and a giggle, or is serious enough to try to stop.

Here’s our special guest, Touchy McCrankface, with the problem he encountered recently…

“Hello, panel. My name is is Touchy McCrankface. For some reason I am still a Facebook user despite that platform banning my favorite blog Ethics Alarms for almost two years because one of their censors decided that it was racist to even discuss the topic of blackface’s appearance in some classic movies. When a Facebook friend  I actually care about has allowed his or her birthday to be announced on Facebook, I will sometimes, as I am prompted, wish that friend a “Happy Birthday.”

“I do not use the stupid and juvenile pre-programmed emojis Facebook tries to stick on my message, the little cakes, candles and party hats. Recently I sent just such a birthday message to an old friend. Let’s call him “Mike.”

After I sent my “Happy Birthday”,  Facebook sent me the equivalent of a receipt. I have no idea why. Maybe it has always done this, but I’ve never noticed one before, or if I have, I never bothered to read one. The message to me read,

“You wished Michael XXXXX a happy birthday on their profile.”

This, frankly, ticked me off. First of all, I knew that. But most of all, I don’t use the pronouns “they” and “their” for single individuals, as in “non-conjoined twins.” If you seem to be male to me, I will use the pronouns “You/he/him. If you seem to be female, I will use “You/she/her.” If I can’t tell, I won’t use any pronoun, constructing a sentence so that “misgendering” isn’t necessary, since men and boys don’t typically like being mistaken for women and girls, and vice-versa. If someone informs me that “he” wants to be refereed to as “she,” that’s fine: I aim to please. Similarly with 250 pound bearded bald guys who want to be called “she.” I’ll call you a pangolin or an Archaeopteryx if that’s what you want, as long as you don’t try to make me eat insects or worms with you. (Archaeopteryx is described as an “early bird,” and as we all know, the early bird catches the worm.)

But I will NOT agree to utter a grammatical monstrosity by using a plural pronoun in reference to one individual. And if you tell me you haven’t decided on your gender, or that it switches back and forth without warning, I will respond, most politely, “Please let me know when you make up your mind or get psychiatric help. Until then, you’ll be “him” or “her” to me.

But back to Facebook….My friend Mike has been married trice, has two grown kids and is as male and heterosexual, as well as unambiguously so, as anyone I have ever met. Who or what is Facebook to impose a plural pronoun on him, or to suggest that it is appropriate to do so in either his case or anyone’s case? 

I view this as subtle cultural indoctrination regarding a societal practice that is at best a stupid fad and at worst ‘grooming’.” 

Thanks, Touchy! Before I throw the challenge over to you, contestants, let me ask our resident ethicist, Jack Marshall, about Touchy’s dilemma. Jack, is this worth bitching about?

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Amazingly, This Tennis “Battle of the Sexes” Had Even Less Integrity Than The Last One

Ugh. I missed writing about the latest “Battle of the Sexes” tennis fiasco last month. I meant to. I think my brain must have registered a veto after threatening to leave if I did.

You remember the first one, don’t you? That was when senior pro tennis huckster Bobby Riggs, who was never a top ranked pro player even in his prime, had challenged #1 ranked female tennis champ Margaret Court to a match using sexist wisecracks and shamed her into playing him in 1973. On national TV, the 55-year old lobbed and cheap-shotted poor Margaret, who was having a bad case of jitters as she was supposedly defending her sex, to distraction and won handily. Billy Jean King then picked up the metaphorical flag, challenged Bobby, and won in a match that looked exactly like what it was: a female tennis pro at the top of her game beating an old man who was a last a decent pro player 25 years earlier. This proved exactly nothing, but it was enough to make King a feminist icon. The match was effectively used to argue for women getting equal pay in pro tennis, and helped get the women’s professional tour started.

The whole thing was an over-hyped joke, lousy tennis combined with lousy politics, that presaged the worst of reality TV decades later. Still, no real was harm was done except extending obnoxious Bobby Riggs’ 15 minutes of past-his-pulldate fame. But for some reason it was felt necessary to revive the stupid stunt in 2025.

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Compelled Speech, Trick or Treat, and Sex Offenders

A Missouri statute stated:

“Any person required to register as a sexual offender … shall be required on October thirty-first of each year to: Avoid all Halloween-related contact with children; Remain inside his or her residence between the hours of 5 p.m. and 10:30 p.m. unless required to be elsewhere for just cause, including but not limited to employment or medical emergencies; Post a sign at his or her residence stating, “No candy or treats at this residence”; Leave all outside residential lighting off during the evening hours after 5 p.m.

Sanderson v. Hanaway, decided yesterday by Eighth Circuit Judge Jane Kelly and joined by Judges James Loken and Ralph Erickson, struck down the part of the law that required the sign as “compelled speech,” a First Amendment violation. Using the “strict scrutiny” test that requires a compelling state interest and a provision that is “narrowly structured” to minimize the burden on individual rights, the Court found the mandatory sign provision unnecessary and unreasonable given the law’s other requirements.

I agree. The sign mandate amounted to a required “I am a registered sex offender” declaration. On Halloween, that kind of message is likely to attract a lot worse “tricks” than toilet paper on some trees. Ethics Alarms has visited this issue repeatedly, most recently in May of 2025, but the harassment and persecution of sex offenders already raises serious ethical questions, including “pre-crime.” The whole law seems like gratuitous virtue-signaling using an already persecuted group as a cheap target. The rest of the law, however, was upheld.

An amusing note on the Trump Derangement front: even a legal report on a Missouri Halloween law managed to be twisted into a justification for an anti-Trump slap. “This is good news for Trump, but it would have been hilarious to see him forced to put that sign outside of the White House,” writes a commenter at The Volokh Conspiracy.

What assholes these people are….

Weekend Ethics Challenge!

Ugh. I just made the mistake of landing on a channel showing “The Big Chill.” I lasted for about 15 minutes, but I’ve seen the film several times since 1983, when it was a “thing.”

Lacking for guest posts lately, I hereby challenge Ethics Alarms readers to watch this paean to Sixties sensibilities and activism, as a once close-knit group of sell-outs bemoan their lost idealism, or something. Then write an analysis of what the film tells us about the people whose self-righteousness metastasized into today lock-step progressive cant….or something else: that’s just my personal reaction to it now.

“I feel like I was the best version of myself when I was with all of you,” Glenn Close says, or words to that effect. Really? Being an ignorant, doctrinaire idealist hating your country and your parents’ values while advocating drug dependence and promiscuous sex was the best you ever were? Fascinating.

Start your engines, please…

BREAKING! I Was Hoaxed Again! “Behold Portland’s Holiday Thing! (How Progressives Get This Way and Can They Be Cured?)” Is Officially Retracted

UPDATE!

Well this is all I needed on a busy day that just included me re-injuring my leg after being pulled off my feet by Spuds. The post below is based on a hoax, and damn the hoaxers to hell. Spreading false stories on the web is unethical, and satire sites are obligated to signal when a post is intended as parody. A few notes:

1. Thanks to the crack EA commentariate for flagging this.

2. The fake story is still up on the usually reliable conservative commentary site Victory Girls, which linked to the fake story I used.

3. I was fooled because first, none of the quotes sounded unlikely given what we have heard and witnessed in Portland in the recent past, and

4. I had never seen a “butt plug” before.I apologize to Ethics Alarms readers and the City of Portland. I try to be careful, but this time I was fooled.

5. Apparently the hoax was inspired by Portland’s city officials this year referring to their annual tree lighting event as just “the tree” or “winter tree,” deliberately omitting the word “Christmas.” Typical dumb Portland wokeness at work: if the hoaxers had only made it clear what they were spoofing, I’d call it a successful and well-deserved satire.

6. I apologize to all, including the City of Portland, for my error.

***

I missed this, which happened about a week ago, in part because I view Portland as a lost cause. You know those zombie apocalypse movies where the survivors will say, sadly, “Boston’s gone, San Diego’s gone”? Portland’s gone, and has been for a long time. I would say it’s Patient Zero for Trump Derangement, woke insanity, anti-Americanism and The Great Stupid, except there are so many other candidates: New York City, California, Minnesota. None of them, however, have descended so far into incompetent cultural madness as Portland, as exemplified by the Christmas, sorry, Holiday Thing the city unveiled this month.

Portland officially replaced its traditional Christmas tree—to be fair, it’s so hard to find evergreen trees in Oregon these days—with that whatever it is above. Officials described the holiday display as “bold,” “inclusive,” and “a meaningful departure from tree-based expectations.”

How far gone do you have to be to utter the words “tree-based expectations” without feeling ridiculous?

City leaders, presumably the same ones who let Black Lives Matter take over parts of the city five year sago, explained the traditional Christmas tree ultimately failed to reflect Portland’s “evolving” relationship with holidays. Thus the “inclusive” replacement, officials said, is intentionally ambiguous, streamlined, and designed to invite interpretation.

I, for example, interpret it as “meaningless, joyless crap.”

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The “Other Woman” Scorned Asks The Ethicist: “Is It Ethical To Wreck the Bastard’s Marriage?”

I’m surprised she didn’t ask if she could cook his little girl’s bunny too, like Glenn Close did in “Fatal Attraction.”

It amazed me that someone like this reads a NYT column called “The Ethicist.” She’s sounds like she’s never heard of the concept. She writes,

Last summer, I was dating a man in our weekender community outside New York City who seemed like a wonderful guy. A month after we became intimate, he told me that he was married but that he had been separated from his wife for a year. He explained that the reason he has not gotten a divorce is that she has cancer and is on his health insurance. He said she had just had surgery and was recovering. Naturally I felt compassion and said I wouldn’t push him. Eventually, I ended the relationship, because I started feeling I wasn’t getting the full story. When I mentioned our relationship to a friend who also knows him, I learned that my instincts were correct. Apparently, he is very much still with his wife, and she is healthy. I am so shocked by this. Should I contact his wife and let her know this is what he is doing and saying? Given that they are both journalists, I would think veracity would be a priority.

Translation: “I hate this lying bastard and want to hurt him, and his wife too. That’s OK, right?”

Uh. no. I haven’t even read The Ethicist’s answer, but Prof. Appiah, for all his faults and weaknesses, surely can get this one right. Let’s see…

Yup. In a mealy-mouthed way, but he agrees.

Prof. Turley Calls “False Light” on House Democrats Sleazy Epstein Photos Smear

I hate that I am tempted to write this every day now, often several times a day, but how can anyone of good character and admirable values continue to support a political party, whatever its claimed beliefs are, that behaves this way?

Yesterday EA discussed the desperate Democratic Party tactic of picking 19 photos (out of thousands) that showed a young Donald Trump (and other progressive hate-objects, like Alan Dershowitz and Steve Bannon) in the company of sex-trafficker Jeffrey Epstein when he was known as just another billionaire on the celebrity party circuit or in the company of unidentified women. These were described in some of the Axis media as “bombshell” and “explosive” photos, though it is unclear when and where most of the photos were taken, many of them had been publicly released before, and none of them suggested any criminal, illicit or even unethical activity.

Despite that, political hack Rep. Robert Garcia (D-Calif.) had the gall to say, “These disturbing photos raise even more questions about Epstein and his relationships with some of the most powerful men in the world. We will not rest until the American people get the truth.”

He might as well have added, “And we won’t stop lying about this phony Epstein scandal either until we Get Trump!”

Today Professor Jonathan Turley, a one-time Democrat who is obviously disgusted with Democrats, pointed out that what his former party has done with the photos is a classic example of a tort known as “false light,” where true photos are presented in a misleading and harmful way to damage a reputation or otherwise harm an individual via innuendo . It is essentially photographic deceit. He writes,

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From the Res Ipsa Loquitur Files: A Democratic House Member Says White Children Should Be Taught To Feel Guilty About Their Skin Color

What this says about her party and its ideological moorings is obvious. So is what it tells us about anyone who would vote for someone like this to have any power or influence over our society. We have had the “gotcha!” privilege debate here extensively in the 20-teens, and it was insufficiently slapped down to prevent the DEI and “presumed racism” pathogens.

The ethics mystery is why anyone white swallows this crap? I can see the advantages to minorities, since they can, by accepting it, absolve themselves of all failures, misdeeds and shortcomings. However, whites (and men) who fall for this argument are agreeing to be metaphorically hobbled, like Kunta Kinte in “Roots.” Worse, they are endorsing the hobbling of their children too.

I get why extreme, ruthless, unethical progressives push such garbage: it’s a means to an end, and the end is power. I do not understand why anyone privileged with a functioning brain and critical thinking skills tolerates officials like Stalker, never mind actually voting for her.