Workplace

Morning Ethics Warm-Up, 9/14/17: Reed College…Fired For Mentioning Grits?…Stupid Protests…The DNC Lies To Democrats…And The Times Clarifies Its Double Standards

/ Jack Marshall / 95 Comments

Hi there!

1 There is another one of those hybrid ethics stories coming out of Oregon. Cross oppressive political correctness with racial-offense hypersensitivity with Lena Dunham-like totalitarian-minded progressives itching to report “wrong-thinkers” to authorities with organizations punishing individuals for private speech they did not intend to make public and what monstrosity do you get?

This: a white conductor and festival artistic director fired by a music festival after he was overheard talking to a black friend in a fake Southern accent and saying, “Do you want some grits?” or words to that effect.

A white woman standing nearby reported to Oregon Bach Festival officials that British conductor Matthew Halls had made a racist to his black American friend, classical singer Reginald Mobley, who grew up south of the Mason-Dixon line.

The festival immediately fired Halls, despite the fact that Mobley protested that there was nothing racist in the exchange (grits aren’t racist, Southern accents aren’t racist, joking between friends isn’t racist…)  that the two frequently mocked each other’s accents,  that Halls was not a racist and didn’t intend the remark as a racist slur, and that Mobley didn’t take it as such.  Never mind!  Halls’ four-year contract with the festival as its artistic director was terminated, with a spokesman saying in part,

“The University considers many factors when deciding whether to continue a contract. Regarding Reggie Mobley, it doesn’t appear he was involved in the University’s decision. Having said that, it would be inappropriate for the University to disclose details about a personnel matter.”

I’m not going to explain in any detail what and who are unethical in this fiasco, because I shouldn’t have to. Halls is a victim. The woman who reported him after eavesdropping is worse than merely unethical: she is an evil-doer, someone who sets out to hurt other people to feel powerful. She either never heard of the Golden Rule or doesn’t accept it. (Maybe she IS Lena Dunham!) The festival’s conduct is unfair, uncaring, cowardly and irresponsible. It deserves to have its artists boycott the festival in support for Halls, but since artists tend to be leftists of the knee-jerk variety, addicted to virtue-signaling and with the depth of analysis exhibited by the typical dachshund, I wouldn’t expect any colleagial  support if I were the conductor.

If you have functioning ethics alarms, it will be obvious that the episode was disgusting and unjust, and why. If the festival’s conduct  makes sense to you, then I’m afraid you’re hopelessly corrupted.

2. Morning Warm-Up may yet morph into “stories that are so irritating I can’t stand writing full posts about them.” Take this one, for example: at small liberal arts school Reed College,  a mandatory humanities course on ancient Mediterranean civilizations was canceled after student protesters kept  interrupting the class to protest “Eurocentrism.” Western culture has been, like it or accept it or not, the beacon of world civilization, and even those who (idiotically) choose to deride or reject it need to understand the history and forces that brought us to where we are today—where we are today being a time when weak and incompetent college administers refuse to assert the indispensable fact that students are there to learn, not dictate to their elders.

My favorite part of this story: to accommodate protesters, the Reed administration agreed to allow adverse students to stand surrounding lecturers in the course. “The general understanding was that the protesters would be allowed to continue as long as they didn’t interfere in the lecture period”…as if forcing lecturers to teach under such circumstances isn’t inherently interfering, as well as intimidating to the teachers and other students.

Colleges and universities that cannot respond more effectively and professionally to such unethical bullying by extremists don’t deserve to exist at all. If you don’t want to learn about Western civilization, go to another school, probably in California. If you disrupt the learning experience of other students, you should be expelled. Continue reading →

Morning Ethics Warm-Up, 9/12/17: Hurricane Reports, And Poor Charles M. Blow Needs A Vacation

/ Jack Marshall / 43 Comments

Good morning.

1 There is supposedly a controversy regarding the on-the-spot hurricane reports: is it ethical for networks and news stations to place reporters and camera operators in mortal peril by having them scream into a mic while being buffeted by wind, rain and debris?

What’s the controversy? Of course it’s unethical. In addition to sending ridiculously mixed and self-contradictory messages—“I’m standing here in the storm telling citizens in the area that they shouldn’t be in the middle of this storm!”—it is also bad Ethics Chess. This stunt will continue until the first reporter is blown into a wall and sustains permanent brain damage, or is injured by a flying piece of debris that impales her, maims her, or cuts her in half. It is entirely predictable that this will happen eventually, and once it does, reporters will stop doing it. Why not stop this before a the inevitable tragedy occurs?

TV stations do it for ratings, that’s all. It’s great visual programming. It’s not necessary. Half the time, we can’t make out what the reporter is screaming, and what they are screaming is redundant and stating the obvious.

Apparently the first reporter to do this was Dan Rather.

Figures.

2. What is the mission of a pundit, a talking head, a columnist? It has to be—don’t you think?—to enlighten readers, to convey a constructive, useful analysis of complex issues, to reliably filter facts and controversies through a unique view-point without so completely tainting his or her output with bias that it actively misleads.

Yesterday New York Times columnist Charles Blow issued a column titled “Soul Survival in Trump’s Hell on Earth.” This was the apotheosis of the kinds of columns Blow has been writing almost exclusively now for months; at least I hope it’s that, for I can’t imagine where he goes from here. This column, like the others, is nothing, literally nothing, but a nearly fact free exposition on the theme, “I hate the President. I really do. I do so, so much. I know you do too, and if you don’t, I hate you too. ARRRGGGGHHH!”

The headline isn’t hyperbole; Blow, if he is to believed, really thinks Americans are living in Hell because Donald Trump is President. Not because there is a Great Depression hovering over the land, not because we are embroiled in a Civil War, or the existential threat of a world war, or the daily threat of an  international stand-off igniting into world-wide thermonuclear obliteration, but because a President was elected that offends the ideological and partisan sensitivities of Charles M. Blow.

Hell.

Seriously.

How can the New York Times continue to justify publishing the weekly primal screams of this pompous, doctrinaire, and now apparently deranged pundit? Exaggerating problems and pronouncing that we are all but doomed is not a service. It is harmful. The only readers who will be persuaded by a column like this are the ones who decide that something has to be done and that it’s time to build that bomb. Moreover, when a pundit reaches the stage that Blow has, where the simple act of a government not agreeing with his views and enacting policies that he does not favor launches him into hysteria, that pundit needs a vacation. Or maybe another career.

What are Blow’s arguments that justify his diagnosis that the United States is now Hell on Earth? Is it that a major party and its supporters have set out deliberately to undermine American institutions by rejecting a national election, seeking to remove an elected President by non-electoral means? Is it that the  international fumblings and ditherings of the previous administration are, as predicted, resulting in increased threats to the United States and the rest of the world? Is it that American journalism and its uniquely free news media, beyond question the app that makes democracy function, has now become, by its own abuses, so completely politicized and untrustworthy that it has become a threat to the nation, rather than its watchdog?

Nah, none of this appears to bother Blow at all; as far as I can detect, he approves of all of it. Here is his Bill of Biased Generalities that add up to Hell on Earth: Continue reading →

Stunt Performers And CGI, Integrity and Life, Art vs. Ethics

/ Jack Marshall / 10 Comments

Stuntwoman Joi ‘SJ’ Harris was killed in a motorcycle accident last month while filming “Deadpool 2.”  Her death occurred not long after stuntman John Bernecker perished in a fall on the set of “The Walking Dead.” Even though CGI technology would not have saved Harris or Bernecker, their deaths have re-ignited a controversy that began surfacing almost 20 years ago, and it is more bewildering now that it was then. Moreover, it will only get worse.

The question: Does it make sense—and is it ethical—to endanger human beings in filmed stunts when they can be accomplished using computer technology?

Interestingly, a case could be made that movie stunts are safer than ever. Bernecker’s death represented the first stunt-related fatality in the US since 2002 (Harris’s death was in a Canada shoot.) This represents great progress from the wild and woolly days of cinema’s pioneers, when actors like Douglas Fairbanks performed insane stunts for stunned moviegoers, and maniacal directors like D.W. Griffith bullied actors into taking life-threatening risks. For example. in this famous sequence, Lillian Gish waited for actor Richard Barthelmess to rescue her from a real ice flow that was on its way over a real waterfall as a frozen river broke up:

Many actors have died, and in the modern age when few stars are allowed to do dangerous stunts (one exception is Tom Cruise,  who broke his ankle last month roof-jumping on the set of “Mission: Impossible 6”), many stunt performers as well.  From 1980 to 1990, 40 stunt-related deaths occurred in the US. Computer technology has made the stunts safer, but if real people aren’t placing their bodies at risk, movies just aren’t as exciting….or profitable.

“It’s a terribly fine line when it comes to guaranteeing safety, because in reality there is no guarantee,” says Andy Armstrong, who has done stunt coordination for “The Amazing Spider-Man,” “Thor,” “Planet of the Apes” and “Total Recall.” “If these stunts were common, you wouldn’t want it in the movie. So you’re invariably asking someone to do something outside the box, which is where it becomes so difficult to regulate.”

Now dramatic improvements in the technology make an ethics examination unavoidable. “When CGI first came about, stunt people thought, ‘that’s the end of our business, everyone’s going to be replaced by computers’,” Armstrong says. “That hasn’t happened, because there’s still a certain authenticity to seeing a real human do something.” Yes, but at what cost? Is that authenticity worth the inevitable deaths of human beings?

Movie artists say yes, and stunt performers don’t want to be put out of business. As with pro football, the beneficiaries of proposals to eliminate the deadly risks in their profession don’t want to be saved. Continue reading →

Morning Ethics Warm-Up, 9/5/17: “Close Encounters,” A Bad Bank, A Jaw-Dropping Tweet, Sentimentalizing DACA, And More

/ Jack Marshall / 20 Comments

GOOD MORNING!!

1. A remastered “Close Encounters of the Third Kind” is in theaters now, and I have mixed feelings about the fact that it is not attracting many ticket-buyers. Spielberg is incapable of making a bad movie, and even his most annoying films (like this one) are thought-provoking and entertaining compared to most of the junk we are getting from Hollywood now. But “Close Encounters” is an unethical movie that bothers me more every time I see it.

The film celebrates hippy spiritual fanaticism for no good reason. Why does everyone get all misty-eyed over these angelic, long-armed  aliens who think they have leave to kidnap human beings, including babies, take them away from their families and disrupt their lives, and then dump them off in another place and time? Why is Richard Dreyfus smiling about that, the idiot? Meanwhile, his character has forgotten about his own wife and kids, never giving them a second thought once he goes E.T. hunting. (And why is Terri Garr treated so badly in her movies by alleged protagonists? Dustin Hoffman used her as a door mat in “Tootsie,” too.)

2. As an addendum to the previous post about DACA ethics, consider this example of how the news media sentimentalizes and propagandizes illegal immigration: the Washington Post’s heart-tugging and misleading story with the headline, “He was brought to Virginia as a toddler, deported at 19. He died in an overheated tractor-trailer trying to return.”

“He” was an illegal immigrant, though the Post uses the deceitful “undocumented immigrant” euphemism, as if he lost his library card or something. His name was Frank  Fuentes, and he was quite rightly deported a year after he pleaded guilty to assault and battery as well as grand larceny­/pickpocketing in 2016. He died trying to break the law, and while dealing with the criminals who smuggle people into the U.S. in trucks. The fact that Fuentes didn’t deserve to die is waved by the Post like a crimson flag to distract from the fact that he had no right to be in the U.S., and no right to sneak back in.

Ah, but he was a good man at heart, who “loved skateboarding and music.”  “We all make mistakes,” the post quotes a friend as saying, not noting that this is the go-to rationalization for every law-breaker from Billy the Kid to Joe Arpaio. “He wanted to be better for his family and his mom . . . that’s all he cared about.”

What the Post is doing  isn’t reporting. It is selective, manipulated sentiment designed to obscure the real issues in illegal immigration. This kind of coverage is why polls about “dreamers” reflect shallow emotion-based reflex, not serious, informed consideration.

3. Sam Stein, formerly the Huffington Post’s senior politics editor now writing for  The Daily Beast, tweeted,

Discuss.

4.  The president of the Cleveland Police Patrolmen’s Association, announced that the police union’s members will refuse to hold the American flag as planned at the NFL’s Cleveland Brown’s home opener, after nine Browns players took a “Kaepernick” and knelt during the national anthem in a pre-season game with the New York Giants.

“It’s just ignorant for someone to do that,” Steve Loomis told reporters. “It just defies logic to me. The fact that management was aware of what they planned on doing, that’s as offensive as it can get.”

Good for the union. The NFL has been cowardly and irresponsible by not confronting and ending these demonstrations against the United States in general and police in particular, starting with its non-action when the St. Louis Rams performed a “Hands up! Don’t shoot! display in 2014. Kaepernick specifically had said, in his various vague posturings, that police were among the  targets of  his kneeling stunt, making the ignorant statement that officers in police-involved shootings should not collect a salary while investigations were pending (unlike, say, the many NFL players who have been suspects in criminal investigations).

Among the many functions of professional sports teams is to bring communities together, not divide them. Players are free to express their political positions, however ill-informed, off the field if they are willing to take responsibility for them, which may involve negative team action and fan anger. Cleveland, where 12-year old Tamir Rice was shot by an incompetent cop, is an especially sensitive place for an anti-police demonstration to take place.

The comments on the article at the link are depressing, as in knee-jerk and foolish. Continue reading →

“U.S. Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday #3: The Transgender Racist Model

/ Jack Marshall / 46 Comments

As they say, gender may only be skin deep, but ugliness goes to the bone…

Munroe Bergdorf had just been hired by L’Oreal , with great fanfare, as its first trans model. So she immediately inflicted Facebook with an anti-white rant in the wake of Charlottesville, writing,

“Honestly I don’t have energy to talk about the racial violence of white people any more. Yes ALL white people.

Because most of ya’ll don’t even realise or refuse to acknowledge that your existence, privilege and success as a race is built on the backs, blood and death of people of colour. Your entire existence is drenched in racism. From micro-aggressions to terrorism, you guys built the blueprint for this shit. Come see me when you realise that racism isn’t learned, it’s inherited and consciously or unconsciously passed down through privilege.

Once white people begin to admit that their race is the most violent and oppressive force of nature on Earth… then we can talk. Until then stay acting shocked about how the world continues to stay fucked at the hands of your ancestors and your heads that remain buried in the sand with hands over your ears.”

L’Oreal fired her. Of course they did. There isn’t an international consumer corporation on Earth that wouldn’t fire her.

Incredibly, the model was indignant. In another post and in various interviews, she, and her  defenders in print, claimed disingenuously that she had been quoted out of context.  Having insulted a substantial portion of humanity, now Bergdorf is insulting everyone else’s intelligence. “All white people” are involved in racial violence is wondrously unambiguous no matter what the context is. So is “racism isn’t learned, it’s inherited” and demanding that white people must admit ” that their race is the most violent and oppressive force of nature on Earth.” There’s no ambiguity. This is racist hatred, and nothing else. Continue reading →

Morning Ethics Warm-Up, 9/3/17: A Troubling MLB Suspension, Anti-Trump Mania Update, And Announcing “US Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday

/ Jack Marshall / 17 Comments

Good Morning!

1.I dread this, but it is looking like it is going to be “US Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday. I have accumulated three stories that fit under that heading, because each one of them is simultaneously annoying, sensitive,  under-reported, and difficult to process. Procrastination isn’t ethical, however, so today is the day. Ugh.

2. Today’s New York Times Sunday Review is again light on President Trump Hate, after last week’s orgy. I was discussing yesterday’s post about the draft letter excitement with my sister, a not-quite-resistance member who is a better lawyer than I am and intermittently reasonable despite hating and fearing the President worse than she does that Four Horsemen of the Apocalypse. She agreed that the news media’s elevation of the draft letter to front page status was biased journalism and self-evidently silly. “The news media believes that Trump is so incompetent that it is their job to try to help the country get rid of him as quickly as possible,” she said. She also confirmed that this is the attitude of the “resistance,” Democrats and progressives as well, and she hangs out with all of them.

Her candor was welcome. It’s also an admission, in my view, and I told her this, of an anti-democratic and unethical attempt to undermine our institutions. We remove Presidents by elections, not manufactured impeachments or 25th Amendment removals on contrived grounds. What my sister calls fear of dangerous  incompetence is really objections to style, rhetoric and policy, none of which are justifiable reasons to remove a President before an election.

I also pointed out to my sibling that it is not the news media’s job to conspire with partisan opponents to remove a President. In fact, it is unforgivable.

3. What’s the difference between the National Football League and Major League Baseball? Well, one difference is that when a star NFL player is caught on a video cold-cocking his wife-to-be  in a hotel elevator, the NFL’s first response is to do nothing, and when a second string catcher’s ex-fiance says she was abused on social media and then deletes the post, that’s enough for MLB to suspend the player under its domestic abuse policy. Ethically, I’m not sure which is worse. Continue reading →

How To Get Fired And Deserve It, By Washington Post Writer Fredrick Kunkle

/ Jack Marshall / 8 Comments

I’m sure some will consider Washington Post writer  Fredrick Kunkle some kind of a hero, a whistleblower and a truth-teller. He isn’t.

Kunkle authored a frontal attack on his boss, Post owner and Amazon gazillionaire Jeff Bezos, in another publication, the Huffington Post. He doesn’t allege any illegal activity or genuine abuse. he just doesn’t like the way Bezos runs his business. His screed, and it is a screed, comes down to a labor vs management, anti-capitalist, crypto-Marxist bill of particulars arguing that Bezos has so much money he should spread more of it around to his employees.  Probably he should, but an employee who is being paid by such an individual is not ethically situated to make that accusation in public. This is disloyalty, and an intentional effort to harm his employer.

‘Bye!

What seems to have set Kunkle off was Bezos asking his Twitter follower how he should expand his philanthropic efforts:

But as Bezos, whose worth now exceeds $80 billion, loosens his pockets, it’s important to put his charitable giving — and the philanthropy of the super-rich — into perspective: Many people worked hard for Bezos to help make him so rich, and he has a record of treating them poorly. Amazon’s history of dodging taxes, its mistreatment of workers, and its ruthlessness toward even the smallest competitors have been well documented. It put ambulances outside distribution centers rather than install adequate air conditioning. It broke up a union organizing effort by closing the call center and dismissing everyone who worked there. The New York Times documented its punishing work environment in a front-page exposé. The company’s actions, as Forbes put it, hark back to an earlier time when workers were treated as “replaceable cogs in the machine.”  

“Replaceable cogs in the machine” means “if you don’t like it here, there are many equally qualified people who would love to have your job.” That is certainly true of the struggling newspaper industry. He calls his boss a tax dodger (if you avoid taxes using legally available means and laws, you aren’t “dodging” anything); ruthless, an abuser of workers, and most questionable of all, uses a New York Times  exposé as gospel. The Times is the Post’s rival. Its hit pieces on Bezos are hardly objective; heck, almost nothing the Times writes is objective (nor the Post, for that matter.) Continue reading →

Comment Of The Day: Morning Ethics Warm-Up, 9/1/17: …A Sarcastic Cop

/ Jack Marshall / 25 Comments

The news item involved a Georgia traffic cop being fired for a dash-cam video showing him sarcastically telling  a DUI motorist who was resisting his requests on the grounds that she had seen videos of police shooting unarmed motorists, “But you’re not black! Remember, we only kill black people. Yeah, we only kill black people, right?”

My post took the position that in the current environment for police departments, the officer had to be fired despite hsi obvious intent. Esteemed long-time commenter Charles Green articulated the opposing view, which I must admit is more ethical than mine on its face. I wonder if it is realistic, but I’m thinking, Charlie, I’m thinking.

Here is Charles Green‘s Comment of the Day on the post, Morning Ethics Warm-Up, 9/1/17: Richard Simmons, Stilettos, A Sarcastic Cop:

Regarding the sarcastic cop: as I’ve said many times in this column, I think comments have to be understood in context. This is no different.

As you note, it was obvious from the context what he meant. I’ve made the point numerous times about “black lives matter,” and about how the same words when uttered by black people have different meanings when uttered by white people.

I think this is the same. If it was obvious what he meant, then why should we defend the police department for bowing to perceived PC implications? The department should back him up and make an intelligent, forceful statement about how cops are required to make on-the-spot judgments about the individual in front of them, and not be slaves to the perception outside.

I wouldn’t even have fired him, much less go after him to make an example. By that logic, all the statues should come down (which I don’t agree with either).

Morning Ethics Warm-Up, 9/1/17: Richard Simmons, Stilettos, A Sarcastic Cop, And The Post Sides With Palin

/ Jack Marshall / 47 Comments

GOOD MORNING SEPTEMBER!

1.Good riddance to August, which had the worst fall-off in traffic here relative to the previous year of any month in Ethics Alarms history. I only have theories, the main one being that last August’s surge was an anomaly fueled by the Presidential campaign and the fact that Ethics Alarms was analyzing the ethics deficits of Hillary, Trump, the news media and both parties in roughly equal measure, since they were misbehaving in roughly equal measure.  Since “the resistance” and their allies in the news media, academia and elsewhere decided to reject democratic institutions like elections and the office of the Presidency in their revulsion, and mount a dangerous perpetual assault on the President with the objective of  undermining his leadership and having him removed extra-Constitutionally, the left-leaning end of the blog-reading pubic has become rigid and unyielding, and unable to tolerate even considering any position but their own. I’m seeing it on Facebook, every day. Their position is indefensible on the facts, so they find any critical analysis of their conduct and attitudes unpleasant. Then again, it could be because Google is burying my posts for being insufficiently politically correct, or because I suck.

2. Here’s a perfect example of the kind of ethics issue that only deserves Warm-Up status: Melania’s shoes as she boarded Air Force One on the way to  Houston.

(She was in sneakers when she landed, and was mocked for that, too.)

The New York Times and other Trump-Hate news sources actually thought this fashion choice by the ex-model was worthy of criticism. In Melania Trump, Off to Texas, Finds Herself on Thin Heels , Vanessa Friedman spend hundreds of words dissecting how the stilettos were “a symbol for what many see as the disconnect between the Trump administration and reality.” Apparently the First Lady broke the “No high heels when leaving a disaster” rule in the First Family Ethics Manual. Letter writer Dennis Donalson correctly chided the Times, writing in part,

The fact that she wore high heels when boarding a plane, regardless of her destination, is not newsworthy. Sometimes a cigar is just a cigar and shoes are just shoes, not “the go-to stand-in for more nuanced, complicated emotions and issues.” Give Melania, and us all, a break.

Dennis notwithstanding, I’ve decided stories like this are wonderful: they are smoking gun evidence for anyone who isn’t similarly deranged that the news media is so consumed with anti-Trump mania that it is literally unable to determine what is or isn’t fair, proportionate and reasonable coverage. If the Times thinks Melania’s shoes are such a big deal, no wonder it goes nuts over what the President says to the Boy Scouts…and no wonder it is no longer reasonable to accord such a paper any credibility or respect at all. Continue reading →

Professor Volokh’s Ethics Dissent On The Vicious, Pazuzu-Blaming Professor’s Firing

/ Jack Marshall / 10 Comments

‘Yes, I know he’s an idiot, but we should support idiots as highly paid teachers of our children, for the protection of the non-idiots…‘

Eugene Volokh is one of the best and most objective legal minds in the country. If he finds himself on the Supreme Court when Kennedy retires or Ginsberg shuffles off this mortal coil, we will not have suffered through the ugliness of the Trump years in vain. When he opines, I listen, as we all should, and he has now opined regarding the now fired idiot that I wrote about this morning, ex-University of Tampa visiting sociology professor Ken Storey.

Storey used Twitter, in the middle of the still-unfolding human disaster in Houston and soon New Orleans, to announce that flooding victims who were Trump supporters or Republicans deserved to die. He did this twice, so his later claim that his words did not intentionally convey what his words were obviously intended to convey was a desperate and obvious lie.

I wrote:

The university or college that fires an employee like Storey is protecting its reputation as a responsible institution, by stating in clear terms that people with terrible judgment and cruel and unethical instincts who are motivated by hate and intolerance are not qualified to teach….because they aren’t. That professors increasingly have no ethics alarms beeping when the prepare to publish sentiments like Storey’s (or worse) shows how thoroughly the leftist echo chambers of most campus faculties turn academics into Pat Robertson, which is to say, rigid, mean, and dumb. Once upon a time, liberals giggled themselves silly over the evangelical huckster’s periodic pronouncement about how a disaster was God’s way of punishing the U.S. for not abusing gays sufficiently, or similar bile, Now they do the same thing, and expect their colleagues and students to applaud.

Today, in the Washington Post, Professor Volokh advocates a different position:

Storey’s comments were nasty and mean-spirited; and I should note that the University of Tampa is a private university, in a state that doesn’t limit private employers’ ability to fire employees for their speech. The university’s actions thus seem legal (assuming they didn’t breach any contract). And Storey’s comments also weren’t academic or likely to be part of a serious political debate.

But the university’s action strikes me as further undermining the freedom of expression and debate at American universities, including the freedom to say things that are much more thoughtful. If you were an untenured faculty member at the University of Tampa, would you feel free to express your views on controversial subjects, when you saw how the university reacted to this tweet? Even if your views were very different politically, what do you think the University would do if people started pressuring for your dismissal, pointing to the Storey incident as precedent?

I’ve talked before about “censorship envy,” one mechanism through which these sorts of speech restrictions can grow: “If my neighbor — and especially my political adversary — gets to ban speech he reviles,” the thinking goes, “why shouldn’t I get to do the same?”

If a university has a strong policy of protecting speech, including offensive speech, administrators can point to that policy as a means of resisting calls for firing a controversial faculty member, and they can appeal to people’s desire to see speakers on their own side protected, and use that desire to help protect speakers on all sides. But once the university starts firing some people for speech “that do[es] not reflect [the university’s] community views or values,” that makes it much harder to resist calls for more suppression. Indeed, at that point tolerating speech starts implicitly conveying the message that the speech does reflect the university’s community views or values — and to avoid that implication, the university would have to fire any speaker who offended some sufficiently influential constituency.

I am very confident that in this rare case, Prof. Volokh is dead wrong. Continue reading →