Rights

The Supreme Court Rules Against Government-Enforced Political Correctness

/ Jack Marshall / 15 Comments

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.”

I also wrote, somewhat more passionately ,in an earlier post, Continue reading →

Unethical Quote Of The Week: Gateway Pundit’s Lucian Wintrich

/ Jack Marshall / 4 Comments

“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.”

Lucian Wintrich on the right wing blog Gateway Pundit, describing the disruption of the Shakespeare in the Park “Julius Caesar “production

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.”

Continue reading →

Ethics Quote Of The Week: Ken White of Popehat

/ Jack Marshall / 13 Comments

“A few hysterically censorious kids screaming for a professor’s termination for crimethink do not threaten the foundations of free speech, but Yale lauding them does. Relatively few thugs disrupting a speech and even physically assaulting a professor don’t call into question the culture’s support for free speech, but Middlebury offering weak slaps on the wrist and shrugs for that violent behavior does. A violent mob in Berkeley does not undermine the legitimacy of free speech doctrine — a mob is a mob — but Berkeley’s timorousness or indifference in the face of violent censorship does. Students furious at a professor disagreeing with them don’t call into question the nation’s commitment to freedom, but state officials refusing to guarantee a professor’s safety do. In short: the regrettable behavior of officials who have failed to stand up to disruption of speech are the people most responsible for legitimizing further disruptions of speech, whoever commits them.”

——Lawyer/blogger/ free speech champion Ken White, writing about efforts on both the Left and the Right to interfere with or punish speech and opinions they don’t approve of.

Well and truly said, Ken.

Ken continues,

“But we can, and should, do better. Commitment to free speech as an American value — as an element of American exceptionalism — has always required tolerating evil and injustice and idiocy. We don’t refrain from disrupting speech because the speakers deserve it, or because we’ve been treated fairly by the speakers or their allies. We refrain from disruption — and ought to punish those who disrupt — because free speech is the necessary prerequisite of a society based on individual rights and freedoms. It’s the right that’s the gateway to all other rights. Shrugging and abandoning it as a value is an abandonment of our commitment to all rights.”

Why is this so hard to teach in colleges? Perhaps because the faculties and administrators prefer that their students never learn it.

The Michelle Carter Verdict

/ Jack Marshall / 7 Comments

Michelle Carter’s 18-year-old boyfriend, Conrad Roy III, had told her that he has been considering suicide. First, she told him to seek counseling, then  she changed course, texting him to go through with it. “The time is right and you’re ready, you just need to do it!” she wrote.  “You can’t keep living this way. You just need to do it like you did last time and not think about it and just do it babe.”

Later, she texted to Roy that his family accept his death, and that he would enjoy the afterlife. “Everyone will be sad for a while but they will get over it and move on. They won’t be in depression. I won’t let that happen. They know how sad you are, and they know that you are doing this to be happy and I think they will understand and accept it. They will always carry you in their hearts,” she texted.

“You are my beautiful guardian angel forever and ever. I’ll always smile up at you knowing that you aren’t far away.”

A week before the suicide, encouraging her boyfriend to be more diligent as he searched for the supplies he needed and then going through with his plan in these exchanges:

“Do you have the generator?”

“Not yet LOL,”

“WELL WHEN ARE YOU GETTING IT?”

“Now.”

…

“You can’t think about it. You just have to do it. You said you were gonna do it. Like I don’t get why you aren’t”

“I don’t get it either. I don’t know”

…

“So I guess you aren’t gonna do it then All that for nothing. I’m just confused. Like you were so ready and determined.”

“I am gonna eventually. I really don’t know what I’m waiting for but I have everything lined up”

“No, you’re not, Conrad. Last night was it. You keep pushing it off and you say you’ll do it, but you never do. It’s always gonna be that way if you don’t take action”

…

 “You better not be bullshitting me and saying you gonna do this and then purposely get caught.”

“No, none of that.”

On July 12, 2014, Conrad drove to a Kmart parking lot and connected his truck to a pump that released carbon monoxide. When he lost his nerve and got out of the truck, his girl friend texted him  to “get back in.”  She never alerted any authorities to stop the suicide attempt. The young man was found dead in his truck.

Yesterday, Judge Lawrence Moniz, of Bristol County Juvenile Court in southeastern Massachusetts, ruled that Ms. Carter, just seventeen at the time of her crime, committed involuntary manslaughter by urging Roy to kill himself. Continue reading →

Comment Of The Day: “Ethics Observations On The ‘Shakespeare in the Park’ Trump As Julius Caesar Production”

/ Jack Marshall / 18 Comments

It was a pleasure to see eloquent and thoughtful teacher/blogger Curmie back commenting after a hiatus, and his timing could not have been better, as the controversy over the nightly assassination of a Julius Caesar who appears to be President Trump’s twin has become even more relevant since an anti-Trump zealots started picking off Republican Congressmen with his rifle.

Curmie is a theater professional with keen perspective on artistic freedom and a proven facility with ethical analysis. Here is his Comment of the Day on the post, Ethics Observations On The “Shakespeare in the Park” Trump As “Julius Caesar” Production:

Not surprisingly, I suppose, I’ve been thinking a lot about this story lately—enough to post about it twice on my own blog. Not having seen the production, I can’t say for certain that it does or doesn’t do X or Y. But I wonder if what we’re dealing with here is a variation on the theme of the Second Niggardly Principle.

[Ethics Alarms note: “When an individual or group can accomplish its legitimate objectives without engaging in speech or conduct that will offend individuals whose basis for the supposed offense is emotional, mistaken or ignorant, but is not malicious and is based on well-established impulses of human nature, it is unethical to intentionally engage in such speech or conduct.”]

A couple of points first. Drama, especially in the West, has always been political. I would argue (although I suspect the majority of my fellow theatre historians would disagree) that the Dionysian Festival, generally regarded as the birthplace of formal theatre (although there was almost certainly theatrical activity of some kind before that) was created less to honor Dionysus—a rather obscure demi-god worshipped primarily in Asia Minor—than to consolidate the political power of the tyrant Peisistratus.

Whether or not this is the case, it is unquestionably true that the Dionysia was used as a site for political speeches (e.g., Pericles’ funeral oration), and that the plays themselves commented on contemporary events (e.g., the Oresteia on the reforms of Ephialtes three years earlier, or Oedipus Tyrannos on the plague). Old Comedy—the plays that would have been contemporaneous with the work of the great Athenian tragedians—was explicitly political, often vulgar, and uniformly iconoclastic. These comic critiques of the powerful were seen by the state as an important part of the cultural life, much as the Feast of Fools became a staple of the medieval calendar. Similarly, Americans knew we were going to be all right after 9/11 when David Letterman started telling Bush jokes again. Continue reading →

Ethics Dunces: Right-wing activists Jack Posobiec and Laura Loomer, Plus The Instapundit And Anyone Who Applauds Them.

/ Jack Marshall / 44 Comments

Jack Posobiec and Laura Loomer, adopting the censorious and antispeech tactics of those they despise,  disrupted yesterday’s evening showing of the  Shakespeare in the Park production of “Julius Caesar” that features a graphic assassination of  a President Donald Trump version of Caesar.

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 →

Morning Ethics Warm-Up: 6/15/17 [UPDATED]

/ Jack Marshall / 42 Comments

1. Topic for a longer post when I can think hard about it: five officials in Michigan, including the head of the state’s health department, were charged with involuntary manslaughter yesterday in connection with the Flint water fiasco. The use of criminal sanctions based on gross incompetence by public servants is such a slippery slope that I instinctively recoil from it. Unless an official can be shown to have deliberately harmed people, trying officials for crimes when the real “crime” is that they were  stupid, negligent, incompetent or lazy has the whiff of scapegoating about it, will discourage more citizens from entering government service, and is so likely to become a political weapon—especially these days–that abuse of process is almost inevitable. The Flint catastrophe involved culpability at three levels of government, all the way to the EPA. These five officials are criminals, and the rest are—what? Acceptably incompetent?

2. The polarization in the news media and society is such that I find myself hesitating to use material that appears on an openly conservative website,  papers like the Washington Times or New York Post, or Fox News. This, despite the fact that I use the New York Times and the Washington Post more than any other sources, despite the undeniable evidence that their coverage is often partisan and biased. In the current environment where the Left and its allies appear to be circling the wagons, I encounter articles like the one by Megan Fox discussed in the next item and wonder why similar  analysis isn’t  appearing in the Times, the Post, or Vox? It is obviously valid and fair. But it is also critical of the left-biased news media, and so far, that entity is refusing to acknowledge how much harm its abandonment of objectivity is inflicting on the nation. So the analysis appears on a right-biased site, giving half the country an excuse to ignore it, and those who read my related post an excuse to dismiss it, and Ethics Alarms.

Good system. Continue reading →

Morning Ethics Warm-Up: 6/13/17

/ Jack Marshall / 25 Comments

1.  The controversy over the Central Park “Julius Caesar” casting Donald Trump–his stage clone, really—as Caesar continues to be ignorantly argued. What’s worse, Fox News constantly calling the Shakespearean classic an “assassination play” (it’s not, not even close), or people who really would love to see Trump assassinated arguing that there’s a double standard because some professional productions of  “Julius Caesar” in recent years cast a black actor as the targeted emperor? Does anyone for a second believe that if a high-profile theatrical production depicted a character as clearly intended to symbolize Obama as the New York City production styles its Caesar as Trump being assassinated in a scene like the one below, there would not have been equivalent, indeed greater outrage?

The most cited production with a black, modern business-suited Caesar had an actor with a shaved head playing the role, clearly signalling that this was NOT Barack Obama. This, however, is “Donald Trump”:

My question is: Does the audience cheer? I bet they do, and I bet that’s exactly what the director wanted. I support the production, and reject efforts to pressure donors into pulling support. Theater is often political, and outrageous, and should be. But the play’s defenders who cite versions that evoked a black leader as equivalent are arguing that people are more upset at a faux Trump assassination than they would have been if “Obama” were slaughtered in Central Park, and that is absurd.

2. Another looming boycott is the effort to punish NBC’s Megyn Kelly for interviewing InfoWars’ Alex Jones, the professional conspiracy theorist and right-wing liar. Because he famously suggested that the Sandy Hook massacre was a hoax—an instant IQ test for anyone deciding to ever pay attention to this jerk again—Sandy Hook parents and their allies are condemning NBC and Kelly for “giving him a platform,” and have succeeded in getting one sponsor, JP Morgan, to drop its ads. How long before both ends of the political spectrum start routinely pushing boycotts of any journalists who “give a platform” to someone their “side” has pronounced as evil?  The Sandy Hook victims’ families continue to abuse the sympathy their tragedy evoked by using it to attack core rights using appeals to emotion and little else. Some quotes from the Washington Post story: Continue reading →

Morning Ethics Warm-Up: 6/8/17

/ Jack Marshall / 28 Comments

[I have been pondering doing this for some time now. Literally every day there are issues and stories that arise that are either too minor for a full post, or crowded out by other issues. Often I never get to them. Also my various issue scouts (especially Fred) have been burying me with excellent candidates for discussion and analysis, and I never get to most of them, frustrating all of us. So I am going to see if I can begin every day with a set of short notes about these topics, reserving the right to expand some of them into full posts later.]

1. Stacy Lockett, a teacher at Anthony Aguirre Junior High, has been fired after she gave out facetious awards to students such as “Most likely to become a terrorist” and “Most likely to blend in with white people.” Good, I think. These are too sensitive issues to expect middle-schoolers to laugh at, and the ‘awards”  show terrible judgment. Still, I am thinking back to comments made in class by some of my favorite 7th and 8th grade teachers, some targeting me. I thought they were funny, and the teachers knew I would think so. All of them would have been fired today, according to the Lockett Standard (Pointer from Fred)

2. By not disciplining Reza Aslan, the host of its “Believer” program who called President Trump a “piece of shit,” “an embarrassment to humankind” and a “man-baby” CNN has made it clear that it has abandoned any vestiges of professionalism or regard for journalism ethics. Well, perhaps “even more clear” is more accurate. CNN allowed Carol Costello to gleefully mock Bristol Palin for getting emotional over being battered; it has allowed Don Lemon to get smashed on the air two New Year’s Eves in a row, and shrugged off Anderson Cooper speculating about the President taking “a dump on his desk,” to give just three examples. Its excuse for Aslan was especially weird, claiming in a statement that he was a host but not an employee. Aslan apologized, but it was a dishonest apology, claiming that the tweets were impulsive and “not like me,” but in another tweet on May 9, he wrote,

“Oh the joy when this lying conniving scumbag narcissistic sociopath piece of shit fake president finally gets what’s coming to him.”

It’s sad to see what CNN has become since Trump’s election. I am embarrassed for the network. but more than that, I am in sorrow for the public. It is not being served by this kind of amateurish, biased and unprofessional journalism.

3. I finally decided that this law suit was too stupid to write about: a ridiculous woman named Holly O’Reilly has found some lawyers—not just any lawyers, either, but the First Amendment Institute at Columbia University—-willing to file a lawsuit claiming that President Trump cannot block her on his Twitter account because doing so is a First Amendment violation of her rights of free speech. The institute’s executive director, Jameel Jaffer, said in a statement that Mr. Trump did not have a right to exclude his critics from engaging with his posts. Does anyone think this is anything but nonsense? Anyone but the New York Times, that is, which wrote, ” The request raises novel legal issues stemming from Mr. Trump’s use of his Twitter account, @realDonaldTrump, to make statements about public policy,” and the Washington Post, which published the woman’s silly  op-ed .

When did “novel” come to mean “absurd”? The President blocking a Twitter user on the social media platform isn’t “government action” any more than not taking her phone calls or not reading her letters. She can still say anything she wants on Twitter. Next she’ll sue because she isn’t allowed to ask question at White House press briefings. Columbia University should be embarrassed, but when the anti-Trump  hate virus melts your brain, embarrassment is often the first casualty. Continue reading →

Ethics Quiz: Harvard’s Anti-Meme Vendetta

/ Jack Marshall / 50 Comments

…or not

Harvard College rescinded admissions offers to at least ten anointed members of the Class of 2021 after it discovered that the prospective students traded sexually explicit memes and messages in a private Facebook group chat. Some of the memes apparently mocked and denigrated minority groups.

The admitted students had formed the messaging group, “Harvard memes for horny bourgeois teens,”on Facebook in late December, 2016.

The members of the group sent each other memes and other images mocking sexual assault, the Holocaust, and the deaths of children, among other topis.  Screenshots captured and obtained by the Harvard Crimson, the student newspaper, revealed that  some messages joked that abusing children was sexually arousing, while others had punchlines targeting ethnic or racial groups, like one that called hanging a Mexican child “piñata time.”

Harvard administrators were alerted  to the existence and contents of the chat and sent the students an e-mail that read,

“The Admissions Committee was disappointed to learn that several students in a private group chat for the Class of 2021 were sending messages that contained offensive messages and graphics As we understand you were among the members contributing such material to this chat, we are asking that you submit a statement by tomorrow at noon to explain your contributions and actions for discussion with the Admissions Committee. It is unfortunate that I have to reach out about this situation.”

A week later, at least ten members of the meme chat group were sent letters from Harvard announcing that their admission offers were no longer valid, and that the decision was final.

“As a reminder, Harvard College reserves the right to withdraw an offer of admission under various conditions including if an admitted student engages in behavior that brings into question his or her honesty, maturity, or moral character.”

Your Ethics Alarms Ethics Quiz Of The Day…

Was Harvard’s action fair, reasonable and proportionate?

Continue reading →