An Appropriate Limit on the First Amendment Right To Be A Total Jerk

"Pardon? I'm not sure I understood that last remark."

If you peruse the various debates on Ethics Alarms, you will note that every time someone writes or says something cruel, dishonest or uncivil that appropriately brings down criticism or worse on the miscreant’s noggin, he and his defenders  will argue that the First Amendment should render them immune from the consequences of their words. This is not what the First Amendment is about, however. It is about the government not being able to punish them for what they say, with some exceptions. Even then, it is possible to be so inarticulate in your jerkish expression that your utterances are beyond even that constitutional protection.

For example, when you bark like a dog.

Or to be more accurate, when you set out to tease and annoy a police dog by barking. Mason, Ohio has an  ordinance making it a crime to “willfully and maliciously taunt, torment, [or] tease … any dog used by the Police Department in the performance of the functions or duties of such Department.” That’s exactly what Mason Police Officer Brad Walker found a drunken Ryan Stephens doing to Timber, a K-9 German Shepard behind a screen in his police cruiser. Continue reading

Ethics Dunce: Central Bucks East High School

"Hello class! I'm your teacher, Miss Munroe, and as you know, you all disgust me. Now, I expect your full trust and respect this year. I am a professional, and my superiors and I agree that the fact that I hate you with all my soul won't change how I treat you, because hate doesn't affect how people treat each other in life. Wait...why are you all looking at me like that?"

Administrators at Central Bucks East High School in Doylestown, Pennsylvania, have decided to reinstate suspended teacher Natalie Munroe, who had made it very clear in several blog posts discovered by the school and her students last February that she detested her job and a great many of her students and their parents, spewing  diatribes that ridiculed specific students for their appearance, habits, speech and character.

There is no conceivable  justification for this. Munroe both deserved to be fired, and had to be fired, because she cannot be trusted to be fair, unbiased or diligent in educating students when she is so disgusted, annoyed and infuriated by them. I hate your kid,” she wrote to the generic parents of her charges on her now discontinued blog.

“I hate your kid.” This is a smoking gun, but the school has chosen to ignore it.

How responsible is it for a school to entrust schoolchildren to the instruction of a teacher who admits that she hates them?  It is as responsible as letting a caregiver at a nursing home continue employment after writing, “I dislike old people.” As responsible as hiring a nurse who tells the hospital that  she is  nauseated by sick people. As responsible as entrusting an orphaned  child with an adoptive couple who announces that they can’t stand him.

Amazingly, Munroe has never denied that she meant what she wrote. Instead, her defense was this: Continue reading

Unethical Quote of the Week: WSJ Blogger James Taranto

This werewolf attack on Nazi soldiers doesn't weaken the case that Sen. Kerry didn't deserve his medals.

Alternate title:  “Smearing John Kerry”, Part II. The quote:

“The Swift Boat Veterans for Truth disputed whether John Kerry deserved some of his five medals. A large part of Kerry’s defense was an appeal to the authority of veterans who supported him–one of whom has now been revealed to have received a medal he doesn’t deserve. This doesn’t prove the Kerry detractors were right, but it certainly doesn’t weaken their case.”

—James Taranto, the usually astute and witty author of the conservative Wall Street Journal blog, “Best of the Web.” He is referring to the child porn conviction and retraction of the Silver Star of  Wade Sanders, who rose to Sen. Kerry’s defense during his 2004 race against President Bush, when The Swiftboat Veterans for Truth claimed that Kerry had lied about his war record.

A pure slime-job, this…well beneath Taranto’s standards, though he does dip low now and then, and as reprehensible an example of attack by unfair innuendo as you are likely to find, from McCarthy to Olbermann to Beck.

“It certainly doesn’t weaken their case.” No, because it has absolutely nothing to do with their case (which was weak and unfair to begin with), and since Taranto is undoubtedly smart enough to know that, this sentence, and the post containing it, was only written to suggest otherwise. Let’s see…what else “doesn’t weaken” the case of those who claim that the honors bestowed on Kerry for wartime valor by the United States of America were undeserved? Hmmm. We have… Continue reading

Smearing John Kerry

Quick---Who is this man, and why should his problems be news?

Guilt by association isn’t always an unethical suggestion. If all of your closest companions are members of the Mafia, I think it’s fair for me to question your values and taste in friends, if not to assume that you might leave a horse head in my bed. More often than not, however, guilt by association is unethically used for character assassination by applying the unfair presumption that an adversary’s associates’ misdeeds can reasonably be attributed to the adversary as well.

You will seldom see as pure and despicable an example of this than the current effort by some on the political Right to smear Sen. John Kerry based on recent revelations about Wade Sanders, like Kerry a Silver Star awardee, who introduced the Massachusetts Senator at the 2004 Democratic Convention.  Sanders knew Kerry when they both were Swiftboat commanders in Vietnam, and  when the Swiftboat Veterans for Truth questioned the legitimacy of Kerry’s record of heroism during that war in their infamous series of attack ads, Sanders led the counterattack. Now Wade Sanders is in Federal prison, serving a 37-month sentence for possessing child pornography, and the Navy Times reports that Secretary of the Navy has revoked Sanders’ Silver Star due to “subsequently determined facts and evidence surrounding both the incident for which the award was made and the processing of the award itself.”

What does any of this tell us about John Kerry? Absolutely nothing. Continue reading

Rep. Wu and the Scourge of Government by Ventriloquist Dummies

I have a 90% completed post tentatively entitled “Why We Are Doomed” sitting in my drafts file, and I can’t bring myself to finish or post it. I don’t want to believe we are doomed, so the Golden Rule keeps telling me that I shouldn’t be trying to convince others we are doomed. I believe in hope. I believe that cultures, especially this culture, can do the right thing and still be successful, provided that they can find leaders and role models who represent and encourage ethical values.

On the other hand, I really do believe we, that is to say, the United States of America, are probably doomed.

A story unfolding now, a sad saga that has really been unfolding for a long time, illustrates one of the factors I lament over in my languishing draft. Rep. David Wu (D-Ore.) has been accused of an “unwanted sexual encounter” with the teenage daughter of a longtime friend. We have to be careful here, but there seems to be little doubt that the “encounter” occurred.  The Oregonian has reported that sources aware of the incident say that Congressman Wu, who is 56, “acknowledged a sexual encounter to his senior aides but insisted it was consensual.”

Wu has been a train wreck waiting to happen for a long, long time. Continue reading

James O’Keefe—Still Faking, Still Recording, Still Unethical

This is all your fault, Allen Funt!

The latest James O’Keefe Candid Camera stunt is supposed to show corruption in the Medicaid system. As in his earlier video hit-jobs on ACORN and NPR, O’Keefe’s colorful crew of community theater rejects pose as outrageous and unsavory stereotypes—this time, drug-smuggling Russians with the worst accents since “Rocky and Bullwinkle,” who are pimping out their “sisters” for sex. The O’Keefe Players manage to find a jolly, badly-trained, none-too-swift Ohio Medicaid worker who giggles away their confessions of wanting to defraud Medicaid and dealing illegal drugs. The video of the dumb encounter—dumb charade, dumber government employee—has been posted on YouTube. More of the same, presumably, is on the way.

If you’re as bored with this as I am, please tell O’Keefe to stop. Of course his act is as unethical as his “Russians'” accents are embarrassing: Continue reading

Perspicacious Ethics: The Media Has A Duty Not To Make Us Dumber

Gore Vidal once said, “As societies grow decadent, the language grows decadent, too.” Certainly the media is accelerating the decadence of society; does it have to intentionally do in the language as well?

On ABC’s This Week, host Christiane Amanpour casually used the word “perspicacious.” Discussing the Constitution,  one of Amanpour’s guests mentioned that Benjamin Franklin wrote that he wouldn’t mind being preserved in a vat of Madeira wine in order to see if the Constitution held up 200 years later. Amanpour responded that Ben was amazingly perspicacious when the Constitution was signed.

Apparently  the word perspicacious stumped the 7th grade drop-outs in the booth, because suddenly a box appeared with the definition and pronunciation of the word under Amanpour. Then, commenting on the incident, the web site Mediaite wrote that Amanpour “might avoid using such fancy language so that viewers in the future don’t mistake her show for a Rosetta Stone class teaching the English language.” Continue reading

The Ethics of “No-Body” Murder Prosecutions.

Oh! THERE's the body!!!

Texas lawyer Robert Guest has opined that a Texas jury would have convicted Casey Anthony in a heartbeat, and cites as proof the February conviction of Charles Stobaugh in Denton County. He was accused of killing his  estranged wife, though no body has ever been found at all.

Maybe.  There are a lot of differences in the circumstances of the two cases, not the least is that finding a badly decomposed body with a piece of electrical tape across her mouth has a big advantage over never finding any body at all: at least you are certain that the victim is dead.  Stobuagh, like Anthony, engaged in a pattern of lies and strange statements; for example, he suggested that his wife, who suddenly vanished and stopped using her bank account, credit cards and cell phone, was “playing a prank.”  He also began seeing a new girl friend more or less the moment his wife vanished. I’d say the biggest difference is the presumption of a motive: husbands killing their wives, especially their estranged wives, is a common and well-recognized form of homicide, with a motive that any married person immediately understands. A mother killing her young child, in contrast, is very unusual, and the presumption is that no mother would do it. The Anthony prosecution was more difficult than the prosecution of Stobuagh, even with Caylee’s body. Continue reading

New Jersey Lottery Ethics…Well, Not Exactly

New Jersey has taken the live drawings for the state lottery off of television and placed it on the internet. Many regular lottery players are upset about this, it seems.

“I like to see them pull it so they don’t have the chance to switch it,” said one eighty-year-old player. “Older people don’t trust the system. We know what happens.” She doesn’t own a computer, nor do her friends, and they all say they won’t play the lottery again until they can watch the drawings on their televisions. Indeed, the New Jersey Lottery is getting many such complaints, and expected them.

Why?

Because the people most likely to play the lottery are poor, badly educated, ill-informed, dumb, or all of the above, that’s why. Continue reading

Unethical Blog Post of the Week: “But What About Caylee?”

Sad but true: the trial's purpose was not to find justice for Caylee.

If I responded to even one out of a hundred ethically muddled, logically addled posts by the hoard of bloggers in cyberspace, I’d have time for nothing else. Now and then, however, I am directed to a post that typifies the kind of free-floating, fact-starved gut sentiment that rots public discourse in America and that helps keeps the public confused and panicked.

In this case, I was directed to the post by the blogger herself, who managed to annoy me by accusing my post on the Casey Anthony jury of being callous to the victim in the case, two-year old Callie. I re-read my post; there wasn’t anything callous toward the child in any way. Puzzled, I went to the blogger’s page, a blog by someone who calls herself wittybizgal, and called Wittybizgal. Sure enough, there it was: an anguished lament about the verdict in the Casey Anthony trial entitled, “But What About Callie?”

The post is frightening, because I am certain that this kind of non-reasoning is epidemic in the United States, nourished by touchy-feely bloggers, pundits and columnists and made possible by the ingrained habit of having opinions without knowledge. Since their opinions are not supported by facts or reasoning, they can’t be debated. If you aren’t persuaded, you’re just mean, that’s all. That’s no way to decide what is right and wrong, but it certainly a popular way. Here is wittybizgal’s argument, one fallacious step at a time: Continue reading