Rights

The Attacks On Free Speech From The Left Are More Dangerous Than Any Speech Progressives Want Banned

/ Jack Marshall / 50 Comments

Another day, another progressive effort to erode pubic support and understanding for the First Amendment. This is at the root of America’s current ethics conflict: a perverse and puckish God has made one of the most unethical and least reflective of public figures  the crucial bulwark against a massed and relentless assault against core national values.

The New York Times, taking a hand-off from its ideological twin the New Yorker, has published an attack on free speech from New Yorker writer Andrew Marantz. Even though he is a professional writer, he has managed to complete an elite education (Brown, NYU School of Journalism) without managing to grasp the essence of freedom of speech, and why it is the structural load-bearing beam that allows our democracy to exist.

Marantz simply doesn’t get it, or he does get it, but would love to see less liberty and more enforced line-toeing by those lesser intellects and deplorables who cannot accept the inherent rightness of the progressive view of the universe. He writes, for example,

Using “free speech” as a cop-out is just as intellectually dishonest and just as morally bankrupt. For one thing, the First Amendment doesn’t apply to private companies. Even the most creative reader of the Constitution will not find a provision guaranteeing Richard Spencer a Twitter account. But even if you see social media platforms as something more akin to a public utility, not all speech is protected under the First Amendment anyway. Libel, incitement of violence and child pornography are all forms of speech. Yet we censor all of them, and no one calls it the death knell of the Enlightenment.

I guess Brown has no mandatory course in government theory.  The Constitution is the enabling document of the U.S. mission statement—you know, the one that begins by announcing that there are inalienable rights to life, liberty, and the pursuit of happiness. That such a governing document that could only limit government restrictions on free speech also stood for a cultural, societal and ethical norm that freedom of speech was central to the Declaration’s summary of human rights would normally be clear to anyone who bothered to study the two documents as well as research the relationship between law, morality and ethics. It’s true that Richard Spencer can’t be assured of a Twitter account, but a society that denies him one is chopping at that load-bearing beam. Continue reading →

‘Thank God It’s Friday’ Ethics Dump, 10/4/2019: SCOTUS, Impeachment And Cannibalism…

/ Jack Marshall / 23 Comments

Hi!

Usually, October might be my favorite month…New England foliage, the best of baseball, my sister’s birthday, the Monster Mash…

1. I hate this stuff. A woman  confronted Rep. Ocasio-Cortez during a town hall in Corona, Queens this week and ranted that  the Green New Deal wasn’t enough to save the world. She declared instead that “we must eat the babies” to stop climate change. “We got to start eating babies! We don’t have enough time! … We have to get rid of the babies! … We need to eat the babies!,” she exclaimed. Then she took off her coat to reveal a T-shirt bearing the phrase: “Save the planet, eat the children.”

The Representative  calmly responded that we have “more than a few months” to solve the climate crisis (“though we do need to hit net-zero in a few years”) and that “we all need to understand that there are a lot of solutions that we have.” Naturally, Tucker Carlson criticized her for not emphatically rejecting the woman’s cannibalism proposal.

The woman was a plant, and the disruption was a hoax. A right-wing PAC started by the late Lyndon LaRouche confessed, saying, “It was us. Malthusianism isn’t new, Jonathan Swift knew that. Sometimes, only satire works.”

Works at what? Interfering with legitimate civic discourse?

2. No, the latest SCOTUS abortion cases don’t pose a threat to abortion rights. The hysteria you may be hearing is more anti-Kavanaugh hype. The cases involve Louisiana’s law requiring abortion clinics to have admitting privileges at a hospital within 30 miles.  The Supreme Court granted certiorari to June Medical Services v. Gee, Secretary of the Louisiana Department of Health and Gee v. June Medical Services the U.S. after the 5th Circuit Court of Appeals ruled that the Louisiana law was permissible. However, in 2016 the Supreme Court struck down a nearly identical Texas law by a vote of 5-3. The theory in Louisiana is that the law there will not have the same restrictive impact as in Texas.

Even if the Fifth Circuit’s ruling stands, the cases are only tangentially related to Roe v. Wade. Continue reading →

Morning Ethics Warm-Up, 10/2/19: While Basking In The Glow Of Another Life Lesson From Baseball

/ Jack Marshall / 40 Comments

Go Nats!

The Washington Nationals had never won an elimination game in the National league post-season. They were 0-6 in such games going into last might’s do-or-die single Wild Card play-off at home against the Miracle Milwaukee Brewers. Following the script many Nats fans dreaded, the team’s Hall of Fame-bound ace, Max Scherzer, quickly gave up three runs while the Brew Crew’s storied bullpen kept the offense at bay save a solo homer from National shortstop Trey Turner. Heading into the bottom of the eighth, the Nationals had to face closer Josh Hader (he of the Hader Gotcha), who gives up hits less often than some pitchers give up runs.

Then, as they say, fate took a hand. With one out, uninspiring Nats pinch-hitter Michael Taylor reached first illicitly. A 3-2 pitch from Hader hit the knob of Taylor’s bat and immediately ricocheted onto his hand. It should have been called a foul, but the umpires ruled it a hit-by-pitch, sending Taylor to first base. Hader struck out the next Nats batter, then aging Nats slugger Ryan Zimmerman was called upon as another pinch-hitter. He barely connected with a pitch out of the strike zone, breaking his bat, but his weak “dying quail” bloop dropped in just over the head of the Milwaukee second baseman for a cheap and fortunate single. (On TV, Zimmerman could be seen smiling and shrugging sheepishly.) That meant the tying runs were on base for the Nats best hitter, MVP candidate Anthony Rendon. Hader gave him what is known as an intentional unintentional base on balls in order to face 20-year-old Juan Soto, a left-handed batter. Lefty Hader allowed left-handed batters to hit .143 this season. But young Soto lined a pitch into right center, and Brewers right fielder Trent Grisham, one of the heroes of the late-season Brewers play-off drive, did a Bill Buckner. The single got past him (he was charging the ball in what would have been a futile effort to throw out the tying run at the plate) , and all three runners scored. Incredibly, the Nats now led 4-3. After the Brewers went down in the top of the 9th without scoring, they, and not Milwaukee, moved on to the next round of the play-offs.

Lesson: In baseball, as in life, it is as important to be lucky as to be good. Chaos lurks in every second, and the illusion of control is just that, an illusion. A bad call, a fluke hit, and a horribly-timed fielding botch that the same outfielder avoids 99 times out of a hundred, and so much changed for two cities, two fan bases, and the 2019 post-season, affecting jobs, careers, reputations and commerce.

This is why we should never give up, never despair, and never get cocky. It is also why we should strive to live as ethically as possible. We can’t control whether we win or lose, but we can control how.

1. Again we must ask: when did the Democratic Party decide to abandon freedom of speech?  Yesterday, we learned that Joe Biden’s campaign wants the news media to censor adversary commentary from Rudy Giuliani, while claiming that no one who isn’t a public official is qualified to opine on TV regarding public policy.  Now Senator Kamala Harris, who also aspires to be President, says President Trump should be banned from using Twitter because he  uses the platform in an “irresponsible” way. Harris, in an interview with CNN host Anderson Cooper, also called for “other mechanisms” to make sure Trump’s words “do not in fact harm anyone”—you know, like harming her party’s election prospects by exposing its Big Lies and open coup attempts.

I wonder if the public sees how ominous the repeated Democratic calls for censorship are. Maybe the President will tweet about that.

Of course, the President’s use of Twitter is often irresponsible, but also a necessary end-around media propaganda aimed at unseating him and undermining democracy. It is remarkable that Harris, a Senator and a lawyer, somehow missed  that the First Amendment proclaims the importance of free speech to our society. It doesn’t only endorse the right to engage in responsible speech. I think, for example, that advocating censoring the speech of the President of the United States is irresponsible, but I’ll defend Harris’s right to do it—and my right to conclude that because she does it, she is an ignorant, dangerous fool. Continue reading →

KABOOM! “Human Sacrifice, Dogs And Cats Living Together, Mass Hysteria!”… If I Hadn’t Seen This, I Wouldn’t Have Believed It, And My Head Wouldn’t Have Exploded

/ Jack Marshall / 18 Comments

Remember, Donald Trump is the fascist who is trying to crush democracy. Just repeat that to yourself as you consider this, and maybe…no, it still will still make your head explode.

Joe Biden’s presidential campaign, in the persons of  Biden’s top aides Anita Dunn and Kate Bedingfield, sent a letter  to the heads of the major news and cable networks, as well as top news anchors, demanding that they refuse to book Presidential advisor Rudy Giuliani. It read in part,

“We are writing today with grave concern that you continue to book Rudy Giuliani on your air to spread false, debunked conspiracy theories on behalf of Donald Trump. While you often fact check his statements in real time during your discussions, that is no longer enough. By giving him your air time, you are allowing him to introduce increasingly unhinged, unfounded and desperate lies into the national conversation, We write to demand that in service to the facts, you no longer book Rudy Giuliani, a surrogate for Donald Trump who has demonstrated that he will knowingly and willingly lie in order to advance his own narrative…Giuliani is not a public official, and holds no public office that would entitle him to opine on the nation’s airwaves.”

Then the letter demands that if the former mayor is put on the airwaves, “an equivalent amount of time” be given “to a surrogate for the Biden campaign.”

Frankly, I still can’t believe Biden approved this, but of course, he must have. What’s going on here?  Incredibly, this: A former Vice President and current (though doomed) Presidential hopeful is asking the news media to actively censor a political critic. Continue reading →

Sentencing Ethics: The Perplexing Relevance Of “Acquitted Conduct”

/ Jack Marshall / 14 Comments

Senators Dick Durbin (D–Ill.) and Chuck Grassley (R–Iowa) introduced a bill this week that if passed and signed into law would  prohibit the use of so-called “acquitted conduct” at sentencing. What is acquitted conduct, you might ask? It is charges for which a defendant has been found not guilty that a sentencing judge nonetheless considers when sentencing that defendant for the crimes the jury says they did commit. This practice give prosecutors a special edge. Knowing that a judge may consider at sentencing every offense the prosecutor charges, a prosecutor can charge a defendant with an offense he knows he can prove beyond a reasonable doubt, and then charge more serious offenses that he probably can’t  prove. Even if jurors only reach a guilty verdict on the charges proved beyond a reasonable doubt, and refuse to convict on other charges, a judge can, and often does takes all the charges into consideration at sentencing.

“If any American is acquitted of charges by a jury of their peers, then some sentencing judge shouldn’t be able to find them guilty anyway and add to their punishment,” Grassley said in a statement released this week. “That’s not acceptable and it’s not American.” Under the law he is proposing with Senator Durbin, if a prosecutor charges you with five crimes, and the jury finds you not guilty of four of them, the judge who then sentences you should be able to consider only offense you were found guilty of.

What’s going on here? It is simply that the Federal sentencing rules currently allow a judge to consider crimes he or she believes the defendant is guilty of committing regardless of what the jury decided, just as a judge can take other factors into consideration. In such cases, a judge may use a preponderance of the evidence standard, not the criminal law standard of  beyond a reasonable doubt, to conclude that the jury was wrong and that a sentence should reflect conduct other than what the prosecution was able to prove to the jury’s satisfaction. Continue reading →

Saturday Ethics Warm-Up, 9/28/2019: The Search For Inspiration

/ Jack Marshall / 18 Comments

I need inspiration today…

1. No, this isn’t it…The Idiot Air Traveler. At a certain point, extreme stupidity is unethical. In China, a Xiamen Airlines passenger opened the emergency exit door of the aircraft as the plane was preparing to take off because she  felt the cabin was “too stuffy” and wanted “a breath of fresh air.”  She was arrested, and the incident caused the flight to be delayed an hour. How stupid and ignorant does someone have to be to do this? Wouldn’t you say this is signature significance indicating idiocy? Would you hire someone who did this even once? Allow her to take care of your children? Trust her with sharp objects? Allow her to buy a ticket for another plane trip?

2. Nor this.. New York City intentionally violates the Constitution. It is now against the law in New York City to threaten to call  immigration authorities on someone or refer to them as an “illegal alien” when “motivated by hate.”  A 29-page directive released by City Hall’s Commission on Human Rights announces fines of up to $250,000 per offense for, among other things, “the use of certain language, including ‘illegal alien’ and ‘illegals,’ with the intent to demean, humiliate, or offend a person.”  Mocking people because of their accents or grasp of English is also a crime now in the Big Apple. So is threatening to call ICE.

“In the face of increasingly hostile national rhetoric, we will do everything in our power to make sure our treasured immigrant communities are able to live with dignity and respect, free of harassment and bias,” said Carmelyn Malalis, the agency’s commissioner.

Maybe the whole set of new regulations isn’t unconstitutional, but the ones focused on “hate speech” certainly are. The city is simply declaring its contempt for the First Amendment with this stunt.

3. I guess this is kind of inspiring...When it pays to be trans. The old Saturday Evening Post used to have a feature called “The Perfect Squelch,” regaling its readers with a witty comeback or rejoinder that left an adversary defeated and demoralized. It wouldn’t have printed this one, but I can’t imagine a better example of the genre. This is Faye Kinley… Continue reading →

The Sequel To The “It’s OK To Be White” Stickers: “Islam Is Right About Women” Flyers

/ Jack Marshall / 25 Comments

In Winchester, Massachusetts (right next to my old home town of Arlington!)  flyers reading “Islam is RIGHT About Women” suddenly appeared around the town, fastened to trees, utility polls and street signs in the familiar manner of those “lost cat” notices.

An “alarmed” woman brought two flyers to the Winchester Police Department, and officers subsequently found eight more, including one that was posted outside of an elementary school. The flyer presented multiple dilemmas. Police said the signs were not threatening and considered free speech. But because they were placed on town property, the flyers technically violated town ordinances. Yet those lost cat flyers were always allowed to remain.

Some residents were adamant that the signs should come down: one who spoke to a local TV station, Jim Leary, said, “Putting signs up that make people feel uncomfortable is unfortunate, particularly in this time and age.”

Really? Sounds like you’re not too fond of free speech, Jim!

The police took the flyers down. Constitutional law professor Eugene Volokh wrote, citing Members of the City Council v. Taxpayers for Vincent (1984), that the content of the flyers’ message  is constitutionally protected, but that the city could take down the ones that violated town law  so long as it wasn’t discriminating based on the viewpoint of the signs.  But of course it was, since the lost cat flyers were never taken down.

What’s going on here? The Professor played dumb, writing, Continue reading →

Why American Colleges Are Increasingly A Waste Of Money, Time, And Minds: A Case Study From American University

/ Jack Marshall / 35 Comments

American University in Washington D.C. (Full disclosure: I once taught legal ethics at the law school there) employs Ibram X. Kendi as a history prof and  Director of the Antiracist Research & Policy Center. He writes, and thus advocates, utter nonsense like this, from his recent opinion piece  in Politico:

To fix the original sin of racism, Americans should pass an anti-racist amendment to the U.S. Constitution that enshrines two guiding anti-racist principals: Racial inequity is evidence of racist policy and the different racial groups are equals. The amendment would make unconstitutional racial inequity over a certain threshold, as well as racist ideas by public officials (with “racist ideas” and “public official” clearly defined). It would establish and permanently fund the Department of Anti-racism (DOA) comprised of formally trained experts on racism and no political appointees. The DOA would be responsible for preclearing all local, state and federal public policies to ensure they won’t yield racial inequity, monitor those policies, investigate private racist policies when racial inequity surfaces, and monitor public officials for expressions of racist ideas. The DOA would be empowered with disciplinary tools to wield over and against policymakers and public officials who do not voluntarily change their racist policy and ideas.

Continue reading →

Ethics Cool-Down, 9/25/19: Democracy On The Rocks

/ Jack Marshall / 21 Comments

Ahhhhh…

I wish I had a martini, but since I don’t keep alcohol in the house, this will do…

1. More from the Ethics Alarms “res Ipsa loquitur” files:

The story is here.

I remember kindergarten classmates, boys and girls, frequently going on kissing sprees. Adults knew it was nothing decades ago. Had #MeToo really made people this unable to make obvious distinctions? Proportion is an ethical value.

2. Regarding today’s earlier post from the same files...Yes, I think that the transcript of the President’s call to the Ukraine, on its face, should make Democratic claims of an impeachable offense look as silly and contrived as they are. This does not, however, allow for confirmation bias, which is at fever pitch in “the resistance” with some toxic frustration and desperation mixed in. This is one reason the mainstream media keeps calling the transcript a “summary,” which implies that something material is missing, and your Deranged friends keep raising Nixon’s edited versions of White House meetings on Watergate matters, as if this has any similarity to that at all.

Calls with foreign leaders are typically not recorded, so this was a reconstructed transcript, which is as close to an exact one as we are going to get. For those who presume that everything this President does is impeachable, that’s a problem. For those who accept that he was elected President and should have the same opportunity to do his job as all the others, it isn’t, and there are too many like that in the public for this latest manufactured offense to work.

I guess this is Plan S.

I’m so, so sick of this.

3. I guess it’s time for another update:

The Complete Presidential Impeachment or Removal Plans A-S (Updated 9/25/2019)

Plan A: Reverse the election by hijacking the Electoral College.

Plan B: Pre-emptive impeachment. 

Plan C : The Emoluments Clause.

Plan D: “Collusion with Russia”

Plan E : ”Trump is mentally ill so this should trigger the 25th Amendment.”

Plan F: The Maxine Waters Plan, which  is to just impeach the President because Democrats want to, because they can.

Plan G : “The President obstructed justice by firing incompetent subordinates, and that’s impeachable.”

Plan H: “Tweeting stupid stuff is impeachable”

Plan I:  “Let’s relentlessly harass him and insult him and obstruct his efforts to do his job so he snaps and does something really impeachable.”

Plan J : Force Trump’s resignation based on alleged sexual misconduct that predated his candidacy.

Plan K: Election law violations in pay-offs to old sex-partners

Plan L: The perjury trap: get Trump to testify under oath, then prove something he said was a lie.

Plan M: Guilt by association. Prove close associates or family members violated laws.

Plan N: Claim that Trump’s comments at his press conference with Putin were “treasonous.”

Plan O: The Mueller Report proves the Trump is unfit for office even if it did not conclude that he committed any impeachable offenses. 

Plan P: Summarized here as “We have to impeach him because he’s daring us to and if we don’t, we let him win, but we can’t, but then he’ll win!”.”

Plan Q: Impeach Trump to justify getting his taxes, and then use the presumed evidence in his taxes to impeach him.

Plan R: Rep. Adam Schiff announced on July 24 that President Trump should be impeached because he is “disloyal” to the country. This desperate response to the fizzle of the Mueller Report was ignored and forgotten the second it came out of Schiff’s mouth, but it confirmed what the list above already proved: the Democrats don’t want to impeach the President for something he did; they want to find something he did to justify impeaching him.

Plan S: Trump should be impeached because his call to Ukrainian President Zelensky was really an effort to shake down the Ukraine and force it to find dirt on Joe Biden, thus “interfering” in the 2020 election even though Biden hasn’t been nominated (and won’t be), even though a President has every justification to seek evidence of a prior administration’s wrongdoing in foreign relations, and even though there isn’t a whiff of a threat of quid pro quo in the only transcript of the call.

Continue reading →

Ethics Lunch, 9/24/2019: Big Hairy Men! Teen Rants! Legalized Theft! Insulting The Poor With Kindness!

/ Jack Marshall / 33 Comments

 

Yum!

Or rather, “yecchhh!”

1.  Ben Carson doesn’t think women’s shelters should admit men identifying as women. Obviously, he must be destroyed. Has there ever been a tiny minority that has triggered so many gotchas and excessive controversies like trans citizens?

Let me stipulate that Ben Carson has no business being Secretary of HUD, as he is completely unqualified and possessed of narrow brilliance in an unrelated area and crippling dufus-ness in all others, so this goes in the “Stop Making Me Defend Ben Carson” files.

Nonetheless, the current outrage over remarks he made in a closed-door meeting with roughly 50 HUD staffers at the agency’s San Francisco office are contrived, and blatant virtue-signaling to the hyper-sensitive Democratic base.

Let me also stipulate that Carson is an idiot for not being able to figure out that in any group of San Francisco residents there would be several just looking for a “Ben Carson is an anti-trans bigot” smoking gun.

Carson wrote in an all-staff email that he

“…made reference to the fact that I had heard from many women’s groups about the difficulty they were having with women’s shelters because sometimes men would claim to be women, and that HUD’s policy required the shelter to accept—without question—the word of whoever came in, regardless of what their manifested physical characteristics appeared to be.This made many of the women feel unsafe, and one of the groups described a situation to me in which ‘big hairy men’ would come in and have to be accepted into the women’s shelter even though it made the women in the facility very uncomfortable,. My point was that we have to permit policies that take into consideration the rights of everybody, including those women.”

This was relayed to the media by a few enraged staffers as Carson referring to trans individuals as “big hairy men,” as well as representing insufficiently supportive sentiments towards the transgender community. “The sentiment conveyed was these were not women, and they should not be housed in single-sex shelters — like we shouldn’t force people to accept transgender people in this context because it makes other people uncomfortable,” one staffer told the Washington Post.

To the contrary, what Carson was referencing  is a legitimate concern. Having recently been served at McDonalds by someone who certainly appeared to be a big hairy man wearing a beard, a woman’s wig and a bra, I understand the problem, and it is a problem—not at McDonalds, but surely in a women’s shelter.  Because Carson acknowledged reality,  Julián Castro, a former HUD secretary and a 2020 Democratic candidate for President, said Carson’s comments “normalize violence” against transgender people. Elizabeth Warren and other Democrats piled on.

2. Immunity again, bad judges again, KABOOM! again. Where do these judges come from?

The Fresno Police Department carried out a raid on Micah Jessop and Brittan Ashjian, who were suspected of operating illegal gambling machines, though no charges were ever brought. After the search, officers provided both men with a ledger stating that the police had seized $50,000. Jessop and Ashjian allege that the officers really took $151,380 in cash and $125,000 in rare coins, pocketing $226,380 in what was outright robbery.

Are you ready? Continue reading →