I THOUGHT This Issue Would Eventually End Up At The Supreme Court, And Here It Is!

A federal appeals court in New York ruled in 2019 that President Trump’s Twitter account was a public forum from which he was powerless to exclude people based on their viewpoints. Judge Barrington D. Parker Jr. wrote for a unanimous three-judge panel of \ the U.S. Court of Appeals for the Second Circuit, “We conclude that the evidence of the official nature of the account is overwhelming…We also conclude that once the president has chosen a platform and opened up its interactive space to millions of users and participants, he may not selectively exclude those whose views he disagrees with.”

I wondered at the time if the ruling was a by-product of anti-Trump mania, and I still wonder if the same ruling would have been made had the sensitive official tweeter been Barack Obama. I confess to being torn on both the ethics and the law regarding the matter.

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On Waco, “Waco,” And Cults

Another horrible occurrence that I did not mention yesterday while review the ethics-related events of April 19 through the centuries was the tragic conclusion of the FBI’s seige against Mount Carmel in Waco, Texas, in 1993. After a 51-day stand-off between the federal government and an armed religious cult, the compound burned to the ground, with about 80 members of Branch Davidians, including 22 children, dying in the blaze.

This was an ethics train wreck to be sure, and an unusually deadly one. There are so many documentaries and online accounts of the incident (of various quality and accuracy) that I’m not going to add to them here. I do recommend the 2018 Showtime docudrama series “Waco,” which is now streaming with a fascinating new sequel, “Waco: Aftermath,” currently being presented on Showtime.

There is a natural bias in “Waco”: its main sources were a book by one of the survivors and cult members whose wife perished in the fire, and another by an FBI negotiator who was extremely critical of how the agency handled the situation. Both authors come off as heroes of the disaster to the extent that such a botch can have heroes. When the docudrama premiered in 2018, many reviewers complained that the writers treated the FBI as the villains of the story, with cult leader David Koresh portrayed too sympathetically.

My impression, seeing “Waco” now, is that the series’ creators were on to something that has come into sharper focus in recent years. The FBI abuses its power, is badly managed, has too much autonomy, and can’t be trusted. That should have sunk in in 1993, but the news media was determined to let the hallowed law enforcement agency, Attorney General Janet Reno, and especially President Bill Clinton off the hook. I remember the coverage well: Koresh’s cult was lumped into the paramilitary and survivalist anti-government movement of the period. The Waco siege followed on the heels of the Ruby Ridge fiasco the year before, involving the same federal agencies, the FBI and the ATF. Even though that fatal showdown was ultimately shown to be exacerbated by the Feds (and a lawsuit found the agencies liable for damages), the public and media still were conditioned to regard the FBI as the “good guys.” Sure, it was tragic that people died, but the consensus was that they brought it on themselves, sad as the outcome was. At the time, I found it astounding that Reno wasn’t forced to resign, and that President Clinton escaped any accountability at all.

Much of that result was because of the subsequent Oklahoma City Bombing by Timothy McVeigh in 1995. Public opinion was turning against the trend of over-aggressive government following Waco: Rush Limbaugh in particular was leading a daily attack on what he saw as as Big Government restrictions on personal liberties (like the right to live out in the desert with fellow followers of a deranged but charismatic religious fanatic who claimed to be chosen by God). Once McVeigh’s truck brought down the Alfred P. Murrah Federal Building, destroyed or damaged 324 other buildings within a 16-block radius, killed 168 people and injured 680, however, public opinion turned decisively the government’s way. McVeigh cited Waco as a major reason for his terrorism, and the Cognitive Dissonance Scale worked its predictable magic: now the Branch Davidians were linked to pure evil. The FBI, and thus the U.S. government, propelled to the other side of the scale, the “good guys” at Waco, at Ruby Ridge, and always.

They aren’t, and weren’t. “Waco,” for all its flaws, makes that contrary conclusion unavoidable.

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Twitter Is Being Attacked For Loosening Its Hateful Conduct Policy. Twitter Shouldn’t Have A Hateful Conduct Policy [Corrected]

It is increasingly obvious that the progressive critics of Elon Musk’s efforts to make Twitter a neutral platform that encourages and facilitates communication and dialogue never wanted free speech. They wanted speech that they approved of and that advanced their agendas. The pre-Musk iteration of Twitter pleased them: conservatives breached the slanted rules and enforcement of them; those using ad hominem attacks against the “right” targets and “for the greater good” knew they had a free pass.

In the Bizarro World of “DEI,” fairness isn’t equitable, equal treatment isn’t fair, and free speech isn’t “safe.”

The latest example of this attitude came as Twitter modified its “Hateful Conduct Policy” this month. The prohibitions on “Slurs and Tropes” no longer includes “targeted misgendering or deadnaming of transgender individuals.” Deadnaming is when one intentionally (or unintentionally) uses a transgender individual’s pre-transitioning name, as in calling Caitlin Jenner “Bruce.”

This reasonable and ethical removal of a restriction ripe for abuse by speech censors and WrongThink police has now been labelled proof of Twitter’s approval of transphobia. In fact, it should mark the beginning of the elimination of the “Hateful Conduct Policy” entirely.

At the threshold, the very title of the section wounds free speech goals: it supports the Totalitarian Left’s position that mere speech is conduct that makes certain groups and individuals “unsafe,” and that the “hate speech” label, which cannot be defined sufficiently precisely not to be abused as a standard, describes expression that is not protected by the First Amendment.

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A Show Of Hands On The Trial And Conviction Of Douglass Mackey

Douglass Mackey was convicted by a federal jury in Brooklyn last week of Conspiracy Against Rights during the weeks before the 2016 election by circulating false and misleading tweets that, I think it is fair to say, were aimed at tricking naive, stupid or ignorant Hillary Cinton voters into failing to cast valid votes. The verdict followed a one-week trial before United States District Judge Ann M. Donnelly, and now Mackey faces a maximum of 10 years in prison.

This is an immediate and significant law vs. ethics conundrum.

Mackey was part of an apparently loosely organized effort by Trump supporters in 2016 to use misleading and false tweets and memes like those above to fool Hillary Clinton supporters into believing that they could vote for the Democrat in the Presidential election via text messaging. The question raised by the conviction is whether such internet-based election dirty tricks actually violate the federal civil rights statutes. The relevant one in this case makes it “unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).”

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Idaho Student Massacre Ethics…And A “Hate Speech” Issue

Issue I: The Banned Subreddit. Above you see a posted photo of some sick fan-girls’s shrine to University of Idaho student massacre suspect Bryan Kohberger. On the massive social media site Reddit, a “subreddit” titled “Brynation” emerged after Kohberger’s arrest late last year for the murders of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. The Reddit group, which included women professing to be infatuated with the accused killer as well as amateur sleuths who maintained that he was innocent, had grown to more than 500 members before it was banned from the platform for allegedly violating Reddit’s Moderator Code of Conduct. As is typical with such social media bans, Reddit didn’t specify the exact offense.

Reddit can ban whatever and whoever it chooses; the question is when it is ethical to do so. There are too many arguably sick subreddits to list, including many involving fetishes, which the common phenomenon of women being smitten by murderers certainly is. At this point, Bryan Kohberger is presumed innocent in the eyes of the law. I just heard an “expert” opine that social media outlets have an “obligation” to control and minimize “hate speech” on their platforms, which he defined as speech that could provoke violence or “harm” individuals, and cited Reddit’s action as an example of responsible social media management. The Fox News interviewer just nodded like one of those plastic dogs people used to put in the rear windows of their cars.

How is chatting online about an accused murderer “hate speech”? The expert’s fatuous (but popular!) position demonstrates exactly what’s unethical about the anti-“hate speech” movement on the Left: the term literally can mean any speech the censors don’t like, disagree with, or find “icky.” The participants in the banned subreddit were not doing anything likely to result in violence: has anyone ever become a serial killer to be more attractive to women? Thinking isn’t dangerous; talking on line about one’s thoughts isn’t dangerous either, or unethical.

In a purported democracy, the culture should lean hard in the direction of free expression, with all expression given a strong presumption of legitimacy. People like Fox’s “expert” do the opposite, and are working to shift our culture toward concepts of GoodThink and BadThink, with the distinctions being dictated by powerful corporations, Big Tech, social media, the news media, educational institutions and, of course, the government.

Weird people have rights too.

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Despicable Twitter Ethics: The “Biden Showered With His Daughter” Stunt

Bill Clinton was subjected to the grossest jokes. Donald Trump was treated the most disrespectfully. But Joe Biden has triggered the most below-the-belt verbal tactics yet, beginning with the childish “Let’s Go Brandon!” jeer. This might be worse; I’m not sure. I have to take a shower first.

Greg Price, the senior digital strategist at XStrategies LLC, posted a video of diversity White House press secretary Karine Jean-Pierre making a fool of herself, as she does virtually every time she appears. Price, clever 7th grader that he apparently is, changed his Twitter handle to “Joe Biden Showered With His Daughter” in the posting, setting a trap that White House deputy press secretary Andrew Bates walked right into. Bates retweeted Price’s tweet as he quoted Karine’s lame “whataboutism”‘” retort to criticism of Pete Buttigieg’s characteristic negligent and lazy handling of the Palestine, Ohio train derailment. (It’s not the issue in this post, but Trump’s DOT head never oversaw a derailment that appeared to be poisoning a community in its aftermath.) So Bates, one of Joe’s loyal paid liars, posted this on Twitter…

….thus further spreading the unsubstantiated tale that the once-nicknamed Creepy Joe showered with his daughter, as her abandoned diary seemed to claim.

Now all the right-side websites are snorting and sniggering like the jerks who affixed the “Kick me!” sign to George McFly.

Yes, I know. Democrats, progressives and the resistance permanently lowered the previous standards for acceptable Presidential mockery and hate. I agree: Ethics Alarms warned about how this was going to harm a lot more than Donald Trump.

That doesn’t make it any more ethical.

I’m so old, I remember this thing they used to call “The Golden Rule”….

Unethical Tweet Of The Month: Harvard Law Professor Emeritus Larry Tribe

  • No, it doesn’t look like that at all.
  • An extensive and expensive investigation held by anti-Trump-biased lawyers found otherwise, and
  • This kind of claim regarding a stolen election has been called “baseless” by the mainstream media and Democrats as a virtual mantra for more than two years, and is routinely categorized as “misinformation.”
  • Tribe, as a law professor, is presumed to know what evidence is, but there is no “evidence” of what Tribe claims, and the Mueller Report specifically stated so, as painful as it must have been.

Tribe’s reputation-scarring delusions, however, are confirmation for the Trump Deranged, who think, for example, this meme by Occupy Democrats is profound: Continue reading

Facebook Censors Me (Again): My Response

I posted that idiotic thing above on Mark Zuckerberg’s Monster after reading that the Fake Australia conspiracy was a “thing” among flat-earth types—you know, morons. Although I yield to no one in the strength of my conviction that stupidity lies wide, long and deep upon this nation (see today’s earlier post), there must be limits, so I shared it with my alleged Facebook friends with the question, “Is it possible that some people really believe this?” while adding that my sister honeymooned in Australia, or at least I thought she did. Facebook promptly slapped this on my post and took it down.

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Nah, There No Progressive Social Media Platform Bias!

The British political commentary magazine “The Spectator” has published a nearly1400 word explanation for why the cover above was rejected for a Facebook advertisement (an “advert” in Brit-talk) as not complying with the platform’s policies, while these covers…

…were deemed acceptable.

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On The Freedom Of Speech Front…

Strangely, many of the same people who are claiming that democracy is hanging by a thread or two are also trying to fray a rather obvious thread, the right to free expression and free speech. Since that First Amendment thingy is a bear, they have to find ways around it that will stifle ideas, opinions and arguments that interfere with the “greater good”.”” (as they see it, natch). Or pretend the First Amendment “isn’t what it is” (#64).

Recent developments:

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