Why Freedom Of Speech In America Is Threatened: Too Many Cowards

Coward

Oh no, not this issue again so soon.

Another prominent professional has been fired for breaching political correctness rules and annoying the totalitarian Left’s censors. His crime: speaking the taboo word “nigger” while referencing it in a discussion of racial slurs. Then, as we have seen over and over again, the exiled victim of this assault on free speech apologized. “Thank you sir, may I have another?” And, as we have also seen, it did no good.

The New York Times fired its #1 science and health reporter Donald McNeil Jr., after The Daily Beast reported that he had used racist language while on a 2019 trip with students to Peru. He did not use “racist language,” however, and there is no evidence at all that he displayed racist attitudes or opinions. What he did is to speak a word that speech censors have decided is itself forbidden, even if it is necessary in order to discuss the issue of racism, censorship or linguistics. This is, I note again, punishing or even criticizing such conduct is unethical, idiotic, juvenile, and sinister. Nonetheless, it is rapidly becoming the norm, and it is becoming the norm because so many individuals of power and influence lack the integrity and fortitude to oppose an indefensible position loudly and unequivocally.

(See the previous post. It is very relevant here.)

McNeil, formerly the Times’ top reporter on COVID-19,was fired because six students or their parents claimed he had made racist and sexist remarks throughout the trip. An investigation inicated that none of his remarks were sexist or racist, but that he had used words employed by sexists or racists to talk about sexism or racism, rather than using the approved poopy/ pee-pee/woo-woo baby talk codes (n-word, b-word, c-word) demanded by language censors. Initially, the Times’ editor tried to be fair and to uphold what the Times is supposed to respect—the Bill of Rights—but eventually capitulated to his woke and anti-free speech staff, as he has before.

So here are the cowards in this nauseating drama:

Coward: Dean Baquet. The Times Executive Editor initially said McNeil should be “given another chance” (Chance to do what? Conform his speech to oppressive conformity with progressive dictates?).”I authorized an investigation and concluded his remarks were offensive and that he showed extremely poor judgment, but it did not appear to me that his intentions were hateful or malicious,” he said. But anti-white racist and liar (but Pulitzer Prize-winning racist and liar!) Pulitzer Prize-winner Nikole Hannah-Jones threatened to call the parents and students on the trip to determine what McNeil had said and in what context (all of which would be hearsay, and thus unreliable except to an ideological hack like Hannah-Jones). Then a group of over a hundred staffers, mostly “of color” or female, signed a letter demanding serious sanctions.

“Our community is outraged and in pain,” the signees wrote. “Despite The Times’s seeming commitment to diversity and inclusion, we have given a prominent platform—a critical beat covering a pandemic disproportionately affecting people of color—to someone who chose to use language that is offensive and unacceptable by any newsroom’s standards. He did so while acting as a representative for The Times, in front of high school students.”

Baquet, publisher A.G. Sulzberger, and Chief Executive Meredith Kopit Levien responded that they welcomed the letter, saying, “We appreciate the spirit in which it was offered and we largely agree with the message,” they wrote in masterpeice of weasel-wording. Then Baquet reversed himself and fired McNeil, saying, “We do not tolerate racist language regardless of intent.” Really? So if a news story involves a racist or sexist statement, the Times can’t write about it and use the langauge that makes the episode a story? If the Supreme Court holds that “nigger” or other words are constitutionally protected (as indeed they are), the nation’s ‘paper of record’ won’t be able to quote the opinion?

Baquet had an opportunity to take a crucial stand for freedom of expression and against the criminalizing of language and the retreat to the primitive logic of taboos. He proved himself to be more interested in Leftist agendas and his job than the principles of democracy.

Coward: Donald McNeil Jr. He could have articulately objected to the warped logic of the Times mob, and explained, as he was equipped to do, why we must never cripple expression by banning words, legally or culturally, and why this episode is a perfect example why. Instead, he wimpered an illogical and craven apology, telling the staff in part,

McNeil grovel

Well hello Galileo! He went on to say, “I am sorry. I let you all down.” He let a newspaper down by using a word in a discussion with students in Peru to examine the use of the word. He let a newspaper down by being clear and describing the matter under discussion… because at the New York Times, progressive agendas trump the truth.

Well, I guess we knew that.

Since he was going to sacked anyway, was obligated as an American to go down fighting for free speech and against the censorship of expression. Nah. That might interfere with getting his next job with an ideological indoctrinating institution or publication.

Coward: Ann Althouse. This is disappointing. She says the right things in her post on this fiasco:

In the old days, a big deal was made of the “use/mention” distinction. It doesn’t seem to matter anymore. Even McNeil, defendinghimself, asserts that he “used” the word.
I understand wanting to say that “intent” shouldn’t be decisive, because it presents evidentiary problems. What went on in a person’s head? Did he somehow mean well? But the “use/mention” distinction doesn’t require a trip into someone’s mind. If you have the outward statement, you can know whether the speaker/writer used the word as his own word or was referring to the word as a word. 
You don’t need to know whether I think Dean Baquet is a coward to distinguish the statement “Dean Baquet is a coward” from “I can imagine someone saying ‘Dean Baquet is a coward.'”

But there’s something oddly missing from her post. As one commenter coyly asks (and to her credit, Ann allowed it to be posted): “What word are you talking about?”

In this case, Althouse is a hypocrite as well as a coward. I can expect her to be on the sidelines with the mob when they haul me off to in the tumbrils because I write the word “nigger” when the topic is using the word “nigger.” Such reticence—I guess she’s worried her University of Wisconsin law school pals will shun her–does not help the cause of freedom of expression, which Ann knows damn well is under attack

Comment Of The Day: “Oppressing The Twitter Troll”

censorship cartoon

This is Glenn Logan’s Comment of the Day on the post, “Oppressing The Twitter Troll”:

I always like to look at the law, and at the charges, to see if they are particularized and actually allege a violation.It seems to me the particular law at issue is 18 U.S. Code § 241 – Conspiracy against rights. The relevant text would seem to be paragraph 1:

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; orIf two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

What the government is alleging here, apparently, is essentially a conspiracy to cyber-bully. Attempting to convince others to vote a certain way or not to vote at all is called “electioneering” and is not only legal in the United States, but protected speech under the First Amendment, as well as widely practiced by all political parties 24-7-365, legally and peacefully. The law criminalizing conspiracies to deprive persons of rights was passed during the civil rights era and was plainly directed at the Klu Klux Klan and similar organizations.

As we all know, those groups would intimidate voters of all races, but primarily black people and their sympathizers, by burning crosses, lynchings, threats, and other violent actions to suppress or affect voting against the groups’ interests. Most of their methods were illegal under state and federal law to begin with, but the law in this case provided an additional tool to attack those who plannedlawless actions against the rights of others as well as those who carried them out. It is a bit like the Civil RICO laws, which were primarily aimed at those who directed corrupt mob actions but almost never participated in overt criminal activity.

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Cancelled For A Single Word

And spoken outside his home, to friends.

Country music superstar Morgan Wallen was suspended indefinitely by his record label and removed from hundreds of radio stations across the country yesterday. The reason? He was captured on camera saying “nigger.” TMZ posted a video this week showing Wallen loudly returning home with friends. A neighbor started recording the scene and the video included Wallen using the word. If you can tell the context of his words, please explain it to me. Was “nigger” meant as an insult, or was it used playfully? Was the target white or black? There is no evidence that he “hurled” the word, because that suggest that it was hurled at someone.

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Oppressing The Twitter Troll

Twitter troll meme

Federal prosecutors accused Douglass Mackey, 31, described in news reports as a “Twitter Troll,”of coordinating with co-conspirators to spread misinformation on Twitter in 2016 that Hillary Clinton’s supporters could vote by sending a text message to a specific phone number.

Mackey was arrested a week ago in the first criminal case in the country alleging voter suppression through the use of false tweets.

Seth DuCharme, the acting United States attorney in Brooklyn, whose office is prosecuting the case, said, “With Mackey’s arrest, we serve notice that those who would subvert the democratic process in this manner cannot rely on the cloak of internet anonymity to evade responsibility for their crimes.” The alleged crime is a conspiracy to “oppress” or “intimidate” anyone from exercising a constitutional right, such as voting. The charge carries a maximum sentence of 10 years in prison. Prosecutors allege that 4,900 really gullible and lazy Hillary Clinton supporters were fooled by Mackey’s scheme into trying to vote for her using a phone number publicized on social media. Mackey and his co-conspirators joked online about about tricking “dopey” liberals.

There is no question that what Mackey et al. did was unethical, dishonest, unfair and sinister. However, I find it hard to understand how he can be prosecuted while the deceptions of others whose efforts to mislead voters and either dissuade them from voting or get them to vote for a candidate they otherwise would not have were far more widespread and had far more impact on election results. My guess is that this charge is harassment, and harassment based on partisan intimidation.

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Ethics And Common Sense Win Out Over Law: SCOTUS Weakens “Qualified Immunity” [Updated]

The one constant recommendation by critics of police brutality and those trying to find ways to mitigate the problem without, you know, rioting, looting and burning every time a black man is killed by police is to eliminate or sharply curtail qualified immunity. Taylor v. Riojas, handed down in November by the Supreme Court in a 7-1 decision, might do just that.

A government officer sued for damages on a claim of violating the Constitution, such as violating an individual’s civil rights, must overcome the defendant’s claim of immunity. Judges (and Presidents) have absolute immunity for their conduct in the pursuit of their duties, no matter how outrageous or incompetent. Legislators cannot be sued for their decisions as lawmakers. Prosecutors cannot be sued for prosecuting. Other government officers, like police officers, have qualified immunity if they are sued for money damages for harming individuals in the course of their duties.

The Supreme Court has set up a tough standard for plaintiffs to meet in order to establish liability. Overcoming qualified immunity requires that the defendant officer acted in violation of law and Constitutional principles that any reasonable government official should know, and that the civil right allegedly breached has been established beyond question.

In a 2018 case, District of Columbia v. Wesby the Court stated:

“Existing law must have placed the constitutionality of the officer’s conduct ‘beyond debate.’ This demanding standard protects ‘all but the plainly incompetent or those who knowingly violate the law.’ To be clearly established, a legal principle must have a sufficiently clear foundation in then-existing precedent. The rule must be ‘settled law,’ which means it is dictated by ‘controlling authority’ or ‘a robust consensus of cases of persuasive authority.’ It is not enough that the rule is suggested by then-existing precedent. The precedent must be clear enough that every reasonable official would interpret it to establish the particular rule the plaintiff seeks to apply.”

This extreme hurdle has proved nearly impossible to clear. From 1982 to 2020, the Court reviewed 30 qualified immunity cases. Plaintiffs prevailed in two.

Yet in the per curiam opinion issued last year (that means there are no signed majority opinion or concurring opinions) the Court signaled a major shift, and ruled that prison guards had no qualified immunity even though there was no precedent that would have alerted them that their conduct was illegal or unconstitutional.

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Update: The SECOND Trump Impeachment Ethics Train Wreck

trainwreck

When we last looked in on the destructive, divisive, unconstitutional and unethical fiasco known here as the Trump Impeachment Ethics Train Wreck II, Senator Rand Paul had delivered an excoriating speech about the unconstitutional nature of it all, every Democratic Senator had voted to continue with a trial that is, as Paul stated, unconstitutional on its face, Democrats openly discussed passing a Bill of Attainder (which is what any action barring a single private citizen, Donald Trump, from running for office would be), the Chief Justice refused to sully his name by any involvement with such an embarrassment, and President Biden, while vowing out of one side of his mouth to be a unifying presence, lifted nary a finger to stop his party from engaging in a trial that was based on hate, vengeance, and the craven need to satisfy the worst of its supporters. Meanwhile, the mainstream news media refuses to inform the American public why the whole thing is bad partisan political theater and little else.

Now we have the following fun developments:

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Ethics Quote Of The Week: Christopher Bedford

nationalguard

“None of this matters to the leaders in Washington: Not walling themselves from the public they serve, nor spreading even more fear and distrust among their supporters than already existed. What matters is that the Democrats and the troops be seen as the only things standing between America and a Ku Klux MAGA apocalypse.”

Christopher Bedford, National Review editor, in his essay, The Occupation Of Washington Is Pure Panic Porn — And You Are The Target

I don’t usually like to devote an Ethics Alarms post to quoting another writer’s work, but Mr. Bedford has expressed what I would have so perfectly that I’ll make an exception. Please go to the National Review and read the whole thing, but note these points:

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Ethics Quote Of The Month: Glenn Greenwald

A republic

“Unleash this monster and one day it will come for you. And you’ll have no principle to credibly invoke in protest when it does. You’ll be left with nothing more than lame and craven pleading that your friends do not deserve the same treatment as your enemies. Force, not principle, will be the sole factor deciding the outcome. If you’re lucky enough to have important and famous media friends…you have a chance to survive it. Absent that, you have none.”

Glenn Greenwald, in his post on the attempted “canceling” of writer Will Wilkenson over a facetious tweet.

The “monster” Greenwald is referring to is mob anger and indignation, magnified by social media, and enabled by self-preservation and cowardice. His essay, titled “The Moronic Firing of Will Wilkinson Illustrates Why Fear and Bad Faith Mob Demands Reign Supreme,” was triggered by the recent firing of an intellectual I never heard of by a think tank I never heard of, as well as his looming dismissal by the New York Times. His “crime” was this tweet…

Willkerson tweet

…which a hoard of online cretins and power-hungry wastrels pounced upon, falsely calling it a call to do violence to the ex-Vice-President and thus mandating his public humiliation and rejection.

As Greenwald correctly concludes, no reasonably intelligent reader could think the tweet, posted the night of Joe Biden’s inauguration, was anything but a pointed joke. Extreme Trump supporters were furious with Pence for not taking action to reject the 2020 election results. Anti-Trump extremists wanted Pence to remove President Trump using the inapplicable 25th Amendment ploy, which he correctly refused to do (and could do constitutionally anyway.) Thus lunatics on both sides of the U.S. ideological divide could be unified in their anger and hatred toward Mike Pence, ironically making his mistreatment a potentially unifying act. Wilkinson rueful point was valid (if clumsily made), and he wasn’t personally advocating violence against Pence. But a wealthy hedge fund manager and large-money GOP donor, Gabe Hoffman, condemned the tweet which he claimed “call[ed] for former Vice President Mike Pence to be lynched.” Hoffman asked the New York Times, which employs Wilkinson as an opinion writer, to comment on its ” ‘contributing opinion writer’ calling for violence against a public official,” then tweeted to Wilkinson’s other employers, the Niskanen Center, a moderate public policy think tank, to pressure them as well. The Center quickly fired Wilkinson, while his fate with the Times hangs in the balance. A spokesperson for the paper told Fox News: “Advocating violence of any form, even in jest, is unacceptable and against the standards of The New York Times. We’re reassessing our relationship with Will Wilkinson.”

Naturally, as happens in 99% of these increasingly common episodes, the victim of the deliberate misunderstanding resorted to a grovelling apology, saying in part,

“Last night I made an error of judgment and tweeted this. It was sharp sarcasm, but looked like a call for violence. That’s always wrong, even as a joke. It was especially wrong at a moment when unity and peace are so critical. I’m deeply sorry and vow not to repeat the mistake. . . . [T]here was no excuse for putting the point the way I did. It was wrong, period.”

No, actually it didn’t look like a call for violence, and apologizing for something it wasn’t but was deliberately misrepresented as being for malicious purposes is far worse than the tweet itself.

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The 1776 Report: Addendum

Declaration

I noted the rapid memory-holing of the Trump Administration’s 1776 Commission’s report yesterday. Then I read this article about the report by the New York Times’ “culture reporter’ whose beat is intellectual life and “the world of ideas.” It is a useful barometer of the biases the Times’ staff has against core American values as well as the Left’s thinly-veiled contempt for much of what our culture is built upon. It also reveals the paper’s assumption about its readership’s biases.

Right at the start, the article thinks it is smearing the report and its authors by asserting “its claims derive from arguments that have long circulated on the right.” Ooooh, “the right.” THOSE demons and troglodytes. In truth, most of the “ideas” have represented majority historical and philosophical thought in the U.S. until the ascent of race conflict as the defining feature of the nation became the cant of the increasingly anti-American educational establishment.

Here are some of the report’s conclusions that the Times mocks:

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Telling Unethical Quote Of The Week: Elie Mystal

Elie Mystal

Joe Biden’s Inaugural Address calling for unity was extravagantly praised by the news media. Were they empty words of convenience? We shall see. The first clue will be whether Democrats allow the “snap impeachment” of President Trump to continue to become the unconstitutional spite trial of citizen Donald Trump. That just might be considered divisive. The likelihood is getting stronger even as the mainstream media is reporting that the siege of the Capitol had been planned in advance, so claiming that Trump “incited a riot” is false on its face….but this is what happens when the objective is just to accuse someone without bothering to wait for a thorough investigation.

Also working against “unity”—totalitarian regimes love unity; in fact, they insist on it—is the certainty that the mainstream news media will now constantly be parading its despicable double standards before the public daily. Seldom has blogger Ann Althouse, a moderate liberal who found herself defending a President she disliked almost as much as I did over the last four years, duplicated my thoughts more exactly than she did yesterday when she wrote in part,

I’m not watching the TV, not thinking about the inauguration. I’m uninterested in hearing analysis of the speeches, the poetry, the song-belting, the executive orders, the race-and-sex firsts. Bored by social media posts about how happy this or that person I follow happens to be about all those things. …The main reason I am averting my eyes is that I don’t want exposure to all the favorable, flattering media. The media were so awful to Trump, whatever he did. The sudden shift to bathing Biden in sunlight just feels so wrong to me. It seems sappy and patronizing. But I hope Biden does well, and I’ll be giving him a chance.”

Which is more than 99% of the AUC did with President Trump.

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