The last time (in July) I dealt with the apparently thornier-than-I-thought issue of the Colorado baker who refused to sell a wedding cake to a gay couple, I assumed that the Supreme Court would treat this as a pure public accommodations case, and side with Colorado and the couple. I was wrong. Now it is beginning to look like baker Jack Phillips may even prevail, based on the justices’ comments during oral argument.
“The court’s conclusion is impossible to rebut. The cake the baker was asked to bake for the gay wedding differed not at all from one he would normally sell a straight couple. In truth, this had nothing to do with expression. He was just refusing to serve a gay couple because of their sexual orientation. Selling them a standard cake would neither constitute, nor would it be recognized as a “message” in support of gay marriage.
The Court agreed that a wedding cake with a customized message celebrating a same-sex marriage as such might implicate First Amendment speech issues, but “we need not reach this issue,” the court said. “We note, again, that Phillips denied Craig’s and Mullins’ request without any discussion regarding the wedding cake’s design or any possible written inscriptions.”
In other words, Phillips was gratuitously and unnecessarily being a cruel jerk. An alleged Christian who is unable to detect the basic Golden Rule application in treating fellow citizens with the minimal level of respect inherent in allowing them to buy a standard wedding cake requiring no “Yay Gay!” or “Charlie and David Forever!” messages in pink frosting deserves no sympathy or quarter from the law. Could the couple have just shrugged and found another bakery? Sure, they could have. Linda Brown could also have just shrugged and found an all-black school to attend, too.
The gay couple are not the villains here. Jack Phillips broke the social contract, as well as the law.”
Recent articles about the SCOTUS appeal have added some facts that I had missed, or not given sufficient weight. For example, Continue reading →
Battleship USS West Virginia sunk and burning at Pearl Harbor on Dec. 7, 1941. In background is the battleship USS Tennessee.
Good Morning, Bad Memories…
1 The duty to remember…The most amazing thing about Pearl Harbor was perhaps how lucky the United States was that the sneak attack by Japan, as devastating as it was, didn’t permanently cripple our ability to defend ourselves. Two links lead to explanations why. Here is a letter written by Admiral Nimitz, then in his eightieth year. to Admiral David L. McDonald, the present Chief of Naval Operations. The National Review provides the tale of how a forgotten Georgia Congressman, Democrat Carl Vinson saved the country and probably the world. An excerpt:
For nearly a decade before Pearl Harbor, Vinson had schemed and politicked in brilliant fashion to ensure that America was building a two-ocean navy larger than all the major navies of the world combined. Vinson had assumed in the mid-1930s that fascist Japan and Germany posed existential threats to the United States. For America to survive, he saw that America would need mastery of the seas to transport its armies across the Pacific and Atlantic.
2. ‘I wasn’t good enough, I wasn’t smart enough, and doggone it, nobody likes me!’ This appears to be the end for Senator Al Franken. If it’s not, the end is near and inevitable. His seventh new accuser was the tipping point, for some reason, though her story Franken denies—especially the part where the anonymous woman claims that after she ducked his attempt at a spontaneous kiss in 2006, he protested, “It’s my right as an entertainer! ” The soon-to-be-former Senator told Politico,
“This allegation is categorically not true and the idea that I would claim this as my right as an entertainer is preposterous. I look forward to fully cooperating with the ongoing ethics committee investigation.”
That “It’s my right” comment sounds to me like a desperate attempt to save face by making a joke out of an awkward situation, not a serious claim. If I’m right, then Franken’s statement is deceit: he’s saying that he would never claim such a right, but he isn’t saying that those words never came out of his mouth. Al’s slippery, mealy-mouthed, not-quite apologies are a large part of why he’s in this mess, as I wrote here.
Still, no one should be presumed guilty or face negative consequences for a public accusation by an accuser who refuses to go on the record. This is basic fairness and due process. Never mind: the Democratic women in the U.S. Senate are less interested in due process and fairness than grandstanding and standing for the proposition that women must be believed in cases of sexual assault, unless they were assaulted by Bill Clinton. I think that’s the rule, right?
They led a coordinated attack on Franken yesterday by 16 U.S. Senators, including Sen. Kirsten Gillibrand of New York—you know, the one who championed “Mattress Girl”?–who wrote in a 650-word statement,”While Senator Franken is entitled to have the Ethics Committee conclude its review, I believe it would be better for our country if he sent a clear message that any kind of mistreatment of women in our society isn’t acceptable by stepping aside to let someone else serve.”
That’s right, Senator, it’s better to send the message that due process is just a sham to make doing what you want to do look fair.
Two former colleagues of the woman independently corroborated her version of events, including Franken telling her he had the right to try to kiss her because he was “an entertainer.” The first former colleague interviewed by POLITICO said she was told of the incident in 2006, shortly after it happened. The second former co-worker said she was made aware of the encounter sometime in 2009 or 2010.
What? Those women didn’t corroborate the the accuser’s “version of events”! How can any journalist write such junk? How could an editor let it pass? All they can do is corroborate that the woman said this happened, not that her account is accurate or true.
But again, never mind. This is The Terror. Al’s a man, Democrats have been caught in the web of hypocrisy they started spinning when Clinton was President, and his metaphorical blood must cleanse them. Continue reading →
While debating a land-use bill at a committee meeting on Tuesday night, Pennsylvania state Rep. Matt Bradford laid his hand — for just a moment — on the left forearm of the colleague sitting next to him.
That colleague was conservative Rep. Daryl Metcalfe, who interrupted Bradford mid-sentence with a personal bit of information.
“Look, I’m a heterosexual. I have a wife, I love my wife, I don’t like men — as you might. But stop touching me all the time,” Metcalfe told Bradford, who then began laughing.
Several other members of the committee, which Metcalfe chairs, giggled and smirked.
“Keep your hands to yourself,” said Metcalfe, a Republican from Butler County. “If you want to touch somebody, you have people on your side of the aisle who might like it.
“I don’t.”
Questions and Observations:
I love this story!
I wish I had made it up as an ethics hypothetical!
What difference does it make that Metcalfe is a conservative?
Would a liberal legislator who felt uncomfortable by an unwelcome touch have his complaint reported in the same way? Continue reading →
1 It’s a tradition, but still an embarrassment to democracy...Why isn’t this res ipsa loquitur, as in “so indisputable it ought to be embarrassing”? Rep. John Conyers, whose proclivity to engage in sexual harassment in full confidence that neither left-leaning reporters in the know (like Cokie Roberts ) nor his party’s leaders nor the victims themselves, would blow a whistle on a “civil rights icon” like him, is finally announcing a forced retirement. But he is attempting to anoint his oldest son, John Conyers III, as his successor. III has no special qualifications for elected office. He is a hedge fund manager and a business consultant whose famous father is part of his appeal to clients. The original John Conyers was used as a stepping stone to power by another unqualified family member using his name, III’s’ mother, former Detroit City Councilwoman Monica Conyers, was sentenced to 37 months in prison for bribery. She was released in 2013.
In a profanity and vulgarity-laced video III posted last year, he said in part,
“Third and fourth generations of Conyers running for office. It’s really crazy. My grandfather did an incredible job, man. Fuck. A lot of people stand on the sidelines of their own lives. It’s like you just watch that shit go by like, no, I don’t think I’m going to get in the game – that shit is short, man. Whatever you do, make sure you vote….Voting feels so good, like even if your person doesn’t win, like, it feels good. The craziest part about it all is that my dad really walked with Martin Luther King and got arrested for this shit, like, damn this shit is deep fam. I casted my vote and I was hype as shit, like, I voted, like, this is awesome and I am really thankful for people that died for that for me. Any race, whatever, it’s important to vote but I mean, like, especially African-Americans man, go vote because people really died for this shit. If you don’t know shit about a candidate, man, and you just want to vote like you can write your own name in there, but like the action of going to vote is so important.”
Or just vote for someone with a last name you recognize! He sounds like a winner to me! One hurdle: Democratic Michigan State Sen. Ian Conyers, the congressman’s great-nephew, announced his intention to run for the open seat.
This is a long, long blight on American democracy that makes me wonder if we’re really up to it. The number of voters in both parties who are so shallow, lazy, and foolish as to assume that merely being related to a famous or popular leader is sufficient reason to elect him or her is disgraceful, but it has always been thus. Among those who never would have made it into a high office without this factor are Mary Bono, Jesse Jacskon, Jr. (currently in prison), Lindy Boggs, Lurleen Wallace, Margaret Chase Smith, Robert Taft, George W. Bush, Bobby Kennedy, Ted Kennedy, Robert Kennedy Jr, Joseph Kennedy III, Joe Kennedy II, Kathleen Kennedy Townsend—anyone named Kennedy, really—current Rep. Doris Matsui (D-Cal.), Al Gore, and Hillary Clinton. There are many, many more.
A last name is not a qualification for office. Why should that even have to be pointed out in a nation founded upon the rejection of royalty?
The topic of the evening was fake news and government manipulation of it, as the Clinton era film about a phony war being launched by a President to distract from a scandal is a fascinating one to ponder through the rear view mirror. Hoffman, one of the stars of the film, recently became one of the few dubious victims of a #MeToo-er, as he was accused of groping and sexually harassing a 17-year old woman on the set of another film in 1985. Unlike most of the celebrities and power-brokers run over by the Harvey Weinstein Ethics Train Wreck, Hoffman has not had other accusers surface. He denies the woman’s characterization of what happened, and so have others, like the director of the movie in question, the filmed version of Hoffman’s Broadway turn as Willie Loman in “Death of Salesman.”
I have read fans of Oliver saying that Hoffman should have assumed that Oliver would grill him on the allegations, to which I say, “Only if Hoffman realized what a knee-jerk progressive creep Oliver is.” I think the actor assumed that Oliver was an honorable professional, and as a moderator wouldn’t hijack the discussion to embarrass Hoffman and burnish his feminist creds.
To Hoffman’s credit, he stood up to the abuse of position by Oliver and defended himself. At one point, there was this exchange:
HOFFMAN: “Do you believe this stuff you read?
OLIVER: Yes. Because there’s no point in (the accuser) lying.”
HOFFMAN: Well, there’s a point in her not bringing it up for 40 years.
OLIVER: Oh Dustin…
I would have said,
“Don’t “Oh, Dustin” me, you arrogant, posturing ass. The fact that a complaint isn’t made for that much time automatically makes it dubious. It places the accused in an impossible position; evidence has evaporated, and memories have faded. There are many reasons to lie. To get publicity, To get revenge for some real or imagined slight. To bring down someone famous or powerful. To join a mob—and regardless of the fact that the post-Weinstein focus on legitimate sexual misconduct in the workplace has created needed awareness and exposed long-time abusers, it is a mob, with all of the capacity a mob has to harm the innocent in its self-righteousness. You are playing to the mob right now, and willing to unjustly smear me to do it. You’re a disgrace.”
John Ziegler quoted a Hollywood writer who knows Hoffman and is convinced he is innocent, who said,
“Someone should tell John Oliver he’s the true heir to Joe McCarthy!Sex abuse baiting has replaced red-baiting. The ‘Sexual Blacklist’ reigns supreme. Guilty until ruined!”
Let me also remind readers that my hypothetical illustrating how a woman might retroactively decide that what she did not regard as sexual harassment years ago was harassment now was mocked by both the moderator and a Georgetown law professor during the NPR panel I participated in last week.
I am right, they are biased.
The more I think about that exchange, the more ticked off I get….
1 Actually, it’s a terrible morning. I began what has really been a hideous morning at 5 a.m. with a hacking alert on my computer. I eventually, with the help of some technicians, identified the usernames of 27 hackers who were accessing my data, apparently.
I should have written this before, I guess, but hackers, all of them, every single one no matter what their motives or what they do, are the scum of the earth, ethical black pits, and blight on civilization. Yet the popular culture loves them. There are young hackers, male, female, black, white, Asian, Indian and Hispanic, handicapped hackers…no old hackers,of every type all over the TV fare, usually as part of the heroic team on procedurals. (There are no old hackers.) What power they have! How smart they are! Often they are ex-criminals, who managed to acquire an exciting, lucrative job by displaying their hacking skills to law enforcement in the course of committing crimes. Usually, they are the funny members of the team, or the cute, like Matthew Broderick in “Wargames.” No wonder our young see these shows and think hacking is cool. In “Jurassic Park,” Lexi, the young girl who almost gets her feet bitten off by a raptor, proudly calls herself a hacker.
“Hacker” means asshole, kid.
And I was rooting for the raptor.
2. Marley was dead. One of these days I will have to do an overview of the links to your left. They are there for their value in stimulating ethical thought and discussion, not because some asked for a link exchange. Under the “Inspiration” category—you have to scroll down to see it—is “A Christmas Carol” by Charles Dickens, arguably the best and most accessible ethics story ever written. I have directed four staged readings of the classic and three “radio” versions through the years, and I don’t know a better way to get into the proper frame of mind—an ethical one– for the holiday season.
Last night I watched actor Paul Morella perform his one man “Christmas Carol” at the Olney Theater in Maryland. Paul is a long-time friend and collaborator: he has been playing Clarence Darrow in a one-man show we created together for 17 years, and we launched a continuing legal education seminar about Darrow’s legal ethics at the D.C. Bar this year. If you live in the D.C. Metropolitan area, I can not recommend the Olney show to you more enthusiastically. As Paul points out in his notes, this is how Charles Dickens himself presented the story in front of Victorian audiences, and he did not have the benefit of the evocative sound and light effects Paul employs. Charles was also not in Paul’s league as actor, I bet.
3. One down, 102, 568 to go… Brian Ross went live on ABC last week and announced the fake news story that then-candidate Donald Trump had instructed Michael Flynn to make contact with the Russians, thus triggering a massive stock market sell-off. Seven hours later, ABC sheepishly admitted that it was President-elect”Trump who had made the request of Flynn. ABC News announced last night that Ross would be suspended for four weeks without pay. Said the Disney-owned network:
“It is vital we get the story right and retain the trust we have built with our audience – these are our core principles. We fell far short of that yesterday. Effective immediately, Brian Ross will be suspended for four weeks without pay.”
Observations:
Good.
It would be very good if this became the routine response when a mainstream media reporter misinformed the public through bias, negligence or incompetence.
Raise your hand if you think that this action only occurred because the Dow Jones crashed.
My hand is up.
“Retain the trust we have built with our audience…”What trust? Anyone who trusts the news media after the past two years, not to mention the past ten, is foolish, gullible, or a Democrat.
In his audiobook, Haidt said that this statement “captured the spirit and self-image of the modern American left”:
“I am a liberal, and liberalism is the politics of kindness. Liberals stand for tolerance, magnanimity, community spirit, the defense of the weak against the powerful, love of learning, freedom of belief, art and poetry, city life, the very things that make America worth dying for.”
Who authored this ringing declaration of liberal principles?
Garrison Keillor, who hosted the popular radio show “A Prairie Home Companion” for decades until his retirement last year, has been fired from Minnesota Public Radio after allegations of “inappropriate behavior,” MPR confirmed in a statement Wednesday.
“Minnesota Public Radio is terminating its contracts with Garrison Keillor and his private media companies after recently learning of allegations of his inappropriate behavior with an individual who worked with him,” the statement read.
I’m not surprised. In fact, when I read Keillor’s head-exploding rationalizations for Al Franken in an op-ed yesterday, also in the Post, I thought, “Hmmmm. This sounds like the logic of a sexual harasser to me. I wonder…?” Foolishly, I didn’t post my suspicions; it was a late cut from today’s Warm-Up.
In his op-ed, “Al Franken should resign? That’s absurd.”, Keillor made the astounding illogical leap of equating the tearing down of statues of historical figures whose conduct was offensive by current standards to excusing current individuals whose conduct—in this case, sexual harassment and assaults—would be acceptable under past standards.
To facilitate this unethical argument and wishful self-applying excuse, the plummy-voiced progressive minimized the complaint of Franken’s first reported victim. I’m numbering each awful section:
Sen. Al Franken…did USO tours overseas when he was in the comedy biz. (1) He did it from deep in his heart, out of patriotism, (2) and the show he did was broad comedy of a sort that goes back to the Middle Ages. (3) Shakespeare used those jokes now and then, and so did Bob Hope and Joey Heatherton when they entertained the troops. (4) If you thought that Al stood outdoors at bases in Iraq and Afghanistan and told stories about small-town life in the Midwest, you were wrong. (5) On the flight home, in a spirit of low comedy, Al ogled Miss Tweeden and pretended to grab her and a picture was taken. (6) Eleven years later, a talk show host in LA, she goes public, (7) and there is talk of resignation. This is pure absurdity, and the atrocity it leads to is a code of public deadliness. No kidding.(8)
1 Damn First Amendment! I’m hoping that everyone was watching the Macy’s Thanksgiving Day Parade and missed it, but yesterady’s New York Time front page had very strange headline above the fold: “Using Freedom To Lead Attack On Gay Rights.” The online version was more descriptive of te tone of the article: “Fighting Gay Rights and Abortion With the First Amendment.” The article seeks to paint the Alliance Defending Freedom, which opposes policies that its members believe infringe on their right to live according to their religious beliefs, as sinister. By emphasizing the fact fact that the guarantees of the First Amendment aid and abet the dastardly objcetives of these horrible people, the Times appears—to me, anyway–to be questioning the First Amendment itself. Don’t all advocacy groups “use freedom” to argue for their positions? Doesn’t the New York Times fight the Republican Party and Donald Trump “with the First Amendment”? Yes, we have free speech in this country, at least until progressives acquire sufficient power to limit it, as their rhetoric increasingly portends. Where is the Times headline, “Progressive Use Freedom to Lead Attack on Liberty”?
From the article:
“We think that in a free society people who believe that marriage is between a man and a woman shouldn’t be coerced by the government to promote a different view of marriage,” said Jeremy Tedesco, a senior counsel and vice president of United States advocacy for the group, which is based in Scottsdale, Ariz. “We have to figure out how to live in a society with pluralistic and diverse views.”
But civil liberties groups and gay rights advocates say that Alliance Defending Freedom’s arguments about religious liberty and free expression mask another motivation: a deep-seated belief that gay people are immoral and that no one should be forced to recognize them as ordinary members of society.
Oh, no doubt, the civil liberty groups are correct about that, but so what? Motives have never been the criteria whereby legitimate use of the First Amendment is measured and limited. Whether religious groups believe that LGBT individuals should not have the same rights as other citizens because they have been condemned by God, or whether they just think they are inherently icky, or whether they are inherently icky because they have been condemned by God, or whether they have been condemned by God because God thinks thet thinks they are inherently icky, part of the First Amendment states that they have a right to their beliefs, and another part says that they have a right to argue for those beliefs without government interference. Yup: they are dead wrong about gays (though not necessarily about abortion), just as the Times is wrong about many, many things. But implicating the First Amendment while attacking Alliance Defending Freedom’s positions is a dangerous game, and one more bit of evidence that a large swathe of the ideological Left regards the nation’s core principles of freedom or speech and religion as problems rather than blessings. Continue reading →
Thoughts: 1) What woman wouldn’t be turned on by THAT? 2) Ew. 3) Weiner’s selfie was better 4) EW!
I’m sure Democrats will be thankful for this. Ultra-conservative Texas Congressman Joe Barton, in his fourth decade in the House, has a nude selfie circulating on the web. As I note above, ew. There are some material distinctions from the Weiner debacle: Joe was separated when he sent them; he wasn’t showing his man-things to cyber-pal he he had never met, and most important of all, he didn’t lie about it, immediately confirming that the selfie was indeed his. which, unfortunately, means that he is also copping to sexting the message “I want u soo bad. Right now.Deep and Hard.” The details don’t matter, though. Barton has provided the perfect template for the Naked Congressman Principle, which is so similar to the Ethics Alarms Naked Teacher Principle that not much elaboration is required.
The Naked Teacher Principle states that a secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.
A tweak here, a word changed there, and Voila! Naked Congressman Principle! Hence,
A member of the House of Representatives or the U.S. Senate who allows pictures of himself or herself to be widely publicized, as on the web, showing the elected official naked or engaging in sexually provocative poses, cannot complain when he or she is required to vacate his or her high office.
Harvey Weinstein, you recall, announced that he would devote himself to crushing the NRA. Analysis:Desperate deflection and virtue-signalling.
Kevin Spacey decided to finally announce that he was gay. Analysis: Appeal for support and sympathy from a minority group he had spurned for decades
Bill O’Reilly continues to insist that he never did anything wrong, and that it was all a partisan hit job. Analysis:Deny, deny, deny.
Louis C.K. explained that he misread signals—as if there is any signal from a woman that says, “I want to see a chubby, homely, middles aged guy masturbate nude.” Analysis:Ridiculous and pathetic.
George H.W. Bush sought sympathy—he’s old and in a wheelchair—and anyway, it was all in good fun. Analysis: Generational ignorance
Al Franken gave an apology that said that female accusers should be believed, though he didn’t agree with his female accusers account, and that there was no excuse for his conduct, though he was just joking and jokes sometimes look bad in retrospect. Analysis: Cynical double-talk
One common thread that cannot be missed is that all of these men are assholes. Their words brand them as such. This figures, since only assholes harass women in the workplace, or anywhere else. I think this is why Charlie Rose’s statement angers me so much, specifically when he said,
“I have learned a great deal as a result of these events, and I hope others will too. All of us, including me, are coming to a newer and deeper recognition of the pain caused by conduct in the past, and have come to a profound new respect for women and their lives.”
Don’t drag me into this, Rose, or any of the millions of men who always treat women as equals, respectfully, and fairly, both socially and professionally. I don’t need any “newer and deeper” recognition, you fecal creep, that putting hands on women’s upper thighs uninvited, parading naked, groping butts, making lewd phone calls to co-workers and making young interns watch sexually explicit films are all unambiguously wrong and intolerable. I didn’t need it 40 years ago, and I don’t now. Continue reading →
Ethics Alarms 