A Merry Christmas For The Washington Redskins, “The Slants,” And The First Amendment

Yes, The Slants were apparently, disparaging. themselves.

Yes, The Slants were apparently disparaging. themselves.

The political-correctness obsessed Democratic component of our government has decided that forcing Dan Snyder to change the name of his football team due to its alleged offensiveness to people who don’t care about football is a legitimate government function, or so they would have us believe. Actually, they believe it is a legitimate political function to lick the moccasins of progressive activist groups who thrive on opportunities to tell others what they can safely say.

After Senate Democrats signed an unethical  missive threatening the Washington Redskins if the team wasn’t renamed something that an enterprising race-baiter wouldn’t find offensive—not as easy as it may seem— the Patent and Trademark Office canceled the registration of “Redskins” using the excuse that Federal trademark law excludes the registration of “scandalous, immoral, or disparaging marks” as well as trademarks that a “substantial composite of the referenced group” perceives as disparaging to a religion, nation, ethnic group, or  belief system. [ You can read my opinion on this ruling here. I’d quote from it, but it’s Christmas Eve.]

The ruling was upheld in the Fourth Circuit, despite the fact that it seem to be fairly blatant viewpoint-based restriction of speech, or in other words, unconstitutional. To his credit, Snyder is not allowing the Democrats to bully him or illegally try to control his speech either, and has the resources to fight. The betting is that the Supreme Court will tell the Trademark Office to stop playing politics.

The Patent and Trademark Office also barred the registration of “The Slants,” the trademarked name of Simon Tam’s Asian-American band. Now the U.S. Court of Appeals for the Federal Circuit just held, in the case of In re Tam, by a 9-to-3 vote, that this exclusion of “disparaging” trademarks, and, by extension, the Redskins ban as well, violates the First Amendment.  This means that the Redskins case is likely to go to the Supreme Court if the government doesn’t agree to let people trademark whatever the want to, regardless of who or what it might “disparage.” Continue reading

Ethics Observations On The Washington Post’s “Ted Cruz’s Kids Are Monkeys” Cartoon Uproar

ted-cruz-monkey-cartoon

Here’s what you need to know: Ted Cruz launched a political ad  that features the Texas Republican reading parody Christmas fare to his two young daughters, Caroline and Catherine, stuff like “The Grinch Who Lost Her Emails.”  Washington Post political cartoonist Ann Telnaes reacted with the drawing above, titled “Ted Cruz uses his kids as political props.” The children are portrayed as monkeys. Telnaes clearly knew she was on thin ice, and accompanied the cartoon with a justification (now pulled: if anyone has the whole text, I’d like to see it) saying in part,

“But when a politician uses his children as political props, as Ted Cruz recently did in his Christmas parody video in which his eldest daughter read (with her father’s dramatic flourish) a passage of an edited Christmas classic, then I figure they are fair game.”

Note: the daughters are 7 and 4.

Cruz cried foul in a tweet, and the news media and internet was beginning to tilt hard against the Post, when editor Fred Hiatt pulled the cartoon, writing,

“It’s generally been the policy of our editorial section to leave children out of it. I failed to look at this cartoon before it was published. I understand why Ann thought an exception to the policy was warranted in this case, but I do not agree.”

And here we are.

Observations: Continue reading

Sign Language Interpreter Ethics Epilogue: “A Christmas Carol”

Gavin Alvedy rehearses a scene from the Downriver Youth Performing Arts Center's "Miracle on 34th Street" as DYPAC alum Emily Zaleski signs alongside him. Zaleski, who grew up performing on DYPAC’s stage, now is a certified American Sign Language interpreter with Synergy on Stage and will interpret during the Dec. 8 performance.

Sign language interpreters and their advocates descended on Ethics Alarms in indignation aftert  my March post about “showboating sign language interpreters for deaf audience members.” It took until December for my commentary to reach this passionate interest group, but when it did, I was called many names, including “ablist,” and had to put up with comments like this one from the ironically named “Danny Who Knows About Stuff”:

I would take this “ethics” person seriously if he/she seemed to know anything about the ethics that guide sign language interpreting. And, I suppose it would be helpful if the person understood anything about linguistics, sign language, Deaf culture, or audience response theory. This article is more about the individual than than the issue. In short, this person is no more an ethicist that is Donald Trump.

How I love the quote around “ethics.”

Danny was pretty typical. See, I don’t need to know about any of Danny’s “stuff” as a director of a play or musical. All I need to know is whether a feature of the performance detracts from it by foiling the focus that the staging was designed to facilitate. Every competent director knows that. The needs of the signer and the signer’s much, much smaller audience cannot be permitted to wag the dog, or make the dog trip on its tongue.  or perish of neglect.

“Danny Who Knows About Stuff” became “Danny Who Is Banned From Ethics Alarms,” in case you didn’t guess.

If I had already experienced what I experienced yesterday with a “professional” signer, that March post would have been much tougher. I directed an staged reading of “A Christmas Carol” with a cast of 30 terrific actors for a single free performance for D.C.’s Martin Luther King Library, and was told that the library would be sending a signer. Now, a signer for your usual staged reading is like having a signer for an oil painting. It makes no sense. In readings, the actors mostly read. Presumably the deaf can read “A Christmas Carol” themselves. You could say they would want to see the performers, but  in readings the performers’ acting mostly consists of vocal expression, which the deaf audience can’t hear, and facial expressions, which they won’t see if they are watching the signer. As it happens, I don’t do staged readings like that; there is a lot of movement and staging, so a signer makes some sense.

But they didn’t know how I would stage it.

By the time we got to the final rehearsal, I had forgotten about the alleged signer, who was supposed to at least attend one rehearsal so I could fit her onto the stage where she would be seen and not get in the way. She arrived, for the first time, 15 minutes before the performance, and immediately announced that she didn’t know whether she would be signing or not.  That’s helpful. She also complained that the script was very well adapted for signing (Why, thank-you!) and that the show, at 90 minutes, was impossibly long for a single signer to do: she was waiting to see if a second signer was coming, as she had assumed. Now, nobody warned me that I had to make room for two signers in the small performing space, neither of whom would deign to attend a rehearsal. ( Her complaint about length was also nonsense. I have had single signers for many shows longer than 90 minutes, and they didn’t collapse from exhaustion or finger cramps.) Continue reading

Unethical Lawyer Of The Year, Mae West Division….

The ABA Journal is on a roll today..

“A Miami lawyer was arrested outside Disney World’s Magic Kingdom earlier this month after a security guard noticed a bulge in the attorney’s pants that turned out to be a loaded gun…Police say the lawyer, 36-year-old Andrew Gerson, told the suspicious security guard that the bulge was his genitalia…The guard called a sheriff’s deputy who pulled his gun and ordered Gerson to stop after Gerson began running away, according to police. Gerson stopped running, dropped to his knees, told the deputy he had a gun and was arrested…”

When they are deciding how long to suspend this idiot’s law license, they should give him credit for the film reference.

 

Now THAT’S An Unethical Lawyer!

Don't keep them waiting, Doug...

Don’t keep them waiting, Doug…

You know, I don’t comprehend  professional ethics alarm malfunctions like this one. I mean, if a lawyer thinks, “Hey, I think I’ll threaten opposing counsel with pepper spray and a stun gun to keep him in line,” and no faint ringing in his head suggests, “Wait—that might be unethical—maybe I sould check the rules,” what would make his ethics alarms sound? How can a lawyer ever think such conduct is justifiable or permissible, never mind that he could get away with it?

Nevertheless, California Douglas Crawford  held a can of pepper spray a yard from the face of the opposing lawyer, Walter Traver, during an April 2014 deposition  (with a stenographer there!). Crawford then told Traver, “I will pepper-spray you if you get out of hand.” Then the lawyer pointed a stun gun at Traver’s head and said, “If that doesn’t quell you, this is a flashlight that turns into a stun gun.” To show he wasn’t kidding, Crawford discharged the stun gun near Traver’s face. Continue reading

A Smoking Gun For So Many Things…

Beschloss

Beschloss

By 2008, I had given up on Don Imus, whose occasional moments of conventional wisdom shattering clarity and truth-telling were overwhelmed by the egotism, self-promotion, and the sexism and vulgarity of his toadying side-kicks. Thus I missed this exchange with historian Michael Beschlost, which in retrospect explains so much that has taken place since:

Historian Michael Beschloss: Yeah. Even aside from the fact of electing the first African American President and whatever one’s partisan views this is a guy whose IQ is off the charts — I mean you cannot say that he is anything but a very serious and capable leader and — you know — you and I have talked about this for years…

Imus: Well. What is his IQ?

Historian Michael Beschloss: …our system doesn’t allow those people to become President, those people meaning people THAT smart and THAT capable

Imus: What is his IQ?

Historian Michael Beschloss: Pardon?

Imus: What is his IQ?

Historian Michael Beschloss: Uh. I would say it’s probably — he’s probably the smartest guy ever to become President.

Imus: That’s not what I asked you. I asked you what his IQ was.

Historian Michael Beschloss: You know that I don’t know and I’d have to find someone with more expertise…

Imus: You don’t know.

Continue reading

Update On “The Worst Aunt Ever” Debate

Auntie Maim and Nephew Maimer...

Auntie Maim and Nephew Maimer…

Remember the Ethics Alarms post about the favorite aunt who sued her 12-year old nephew for damages based on her injury when he jumped into her arms at his birthday party when he was 8? Remember the indignant plaintiffs lawyer who couldn’t get his mind around the fact that normal people don’t (ande shouldn’t) always see right and wrong like lawyers do, or that “it’s done all the time” (that is, The Golden Rationalization, #1 on the Rationalizations list, “Everybody does it”) and “there are worse lawsuits” ( or the worst of all rationalizations, #22, “Comparative Virtue” or “Its not the worst thing”) are not sufficient ethical defenses of a woman who voluntarily traumatizes a child who trusts her and who just lost his mother?

The Weekly Standard looks at the episode from some different angles, and writer Charlotte Allen does an excellent job providing a balanced analysis of the case (which I am now using in my ethics seminars to explain to lawyers how legal ethics alone is often not enough to make lawyers ethical). I am awash with regret that I didn’t think of the gag  “Auntie Maim” in the original post, which admittedly went a bit overboard in its condemnation as it was. Mostly, however, I am gratified that I was quoted in the piece after a well-handled interview with Charlotte, and indeed that she used my perspective to sum up the significance of the episode.

You can read it all here.

Jessica Rabbit Ethics

From Left: Jessica, Pixie Before, Pixie After

                          From Left: Jessica, Pixie Before, Pixie After

Who could have predicted, when “Who Framed Roger Rabbit?” opened in theaters, that one of its greatest legacies would be a continuing obsession of young women to emulate her exaggerated, uh, features? Yet here is another example—and there have been quite a few—of a woman mutilating herself in pursuit of looking like the sexy Toon.  Model Pixee Fox—I’m sure that’s her real name—wore a waist-training corset for 24 hours a day and spent $120,000 on various cosmetic procedures including a recent operation to have six of her ribs removed in order to achieve Jessica’s apparent 48-14-40 figure.

“I’ve always been inspired by cartoons and Disney movies, all the curves and tiny waists,” Fox told reporters. “People often, they come up to me and say, ‘Don’t take this the wrong way, but you look like a cartoon.’ For me that’s a compliment. My inspiration started with Tinkerbell, but with my transformation, I’ve been starting to look like Jessica Rabbit.”

If you say so, Pixee!  Pixee is ill, it’s fair to say, so the ethical issues fall on the shoulders of  Dr. Barry Eppley, the Indiana surgeon who admits handling Fox’s surgery and also defends it.

I covered this the last time Ethics Alarms covered a wannabe Mrs. Rabbit (Jessica is a human Toon married to a member Leporidae Family). In that case, the happy aspiring Toon looked like this when all was done…

Lips Continue reading

Unethical Judge Of The Month: Florida Circuit Judge Jack Schramm Cox; Runner Up: Wisconsin Judge Philip Kirk

JudgeFor a judge, you just can’t get any more incompetent than this.

In Florida, Circuit Judge Jack Schramm Cox ordered the Palm Beach Post to scrub a previously published story from its website. This is prior restraint, or the government preventing publication based on content. The order violates the First Amendment; it isn’t merely unconstitutional, it is incredibly unconstitutional. Concluded Constitutional Law professor and blogger Jonathan Turley in his usual restrained manner,  “The utter lack of legal judgment (and knowledge) shown by Cox in this order is deeply troubling.”

It’s not troubling. It’s ridiculous. Continue reading

More Cultural Bulldozing: Political Correctness Gets H.P. Lovecraft, Woodrow Wilson Of The Geeks

The bust says it all...

The bust says it all…

Really bad and dangerous ideas take hold and thrive because, like a particularly deadly virus, they pop up in so many places at once, especially dark corners and exotic locals. The current progressive contagion of airbrushing history, toppling icons and cultural bulldozing–one of several  habits of successful totalitarians being embraced by the left these days—is such an idea. As usual, defenders of this thought-inhibiting and unjust practice behave as if it is the epitome of common sense and virtue, when in truth it is the  opposite.

To the credit of the followers of the World Fantasy Award (for literature in the fantasy an horror field), the administrators’ decision to cave to political correctness and retire an H. P. Lovecraft bust (designed by black humor cartoonist Gahan Wilson) as its symbol—H.P. was like, Woodrow Wilson, a white, Western culture supremacist —was not met with universal approval. Nonetheless the Award’s head honchos did it.

They did it to mollify the social justice zealots in the organization’s midst, who insisted on sending the message that currently non-conforming ideas and beliefs should be punished decades or even centuries later by pretending that legitimate and important contributions to art, politics, science and civilization didn’t exist, if the man or woman involved stepped across a political correctness line that didn’t exist when it was stepped over. All it takes to justify eradicating any honor, recognition or symbol of cultural gratitude is for a major historical figure in any field to have been shown to have engaged in, thought about (or consorted with those who engaged in or thought about) practices that the current culture, with assistance of many years of debate and experience that the toppled never had, now finds misguided, objectionable, offensive or wrong.

The proper punishment for this retroactive crime, these spiritual brethren of Stalin believe, is banishment, rejection and shame in the very field where the individual’s positive accomplishments reside. This is necessary to keep future generations from being influenced by ideas that might trigger discomfort among true believers of the official creed.

Thus, reason doctrinaire Princeton kids who have figured out The Great Truths at their tender age, Woodrow Wilson’s major contributions of strengthening and burnishing the name of the college, leading the United States for two terms, including through a world war, and devising the concept of the United Nations, no longer warrant respect and memorial, because he was, like so many other Southerners of his time, an unapologetic white supremacist. Of course, so was Abraham Lincoln and much of the nation, but that cuts no ice with the practitioners of merciless presentism. It isn’t just the views of the long dead that are being punished, you see. It’s a warning to non-conforming thinkers alive yet. Watch out! it says. Your thoughts, inspirations and ideas are impure and wrong, and you are still vulnerable to real punishment, not just the post-mortem fate of being defiled and forgotten. Continue reading