Tag Archives: censorship

May 5, 2018 · 2:45 pm

Morning Ethics Warm-Up, 5/5/2018: “Why We Can’t Have Nice Things” Edition

Good Morning!

(I’m happy to report that my Clarence Darrow ethics program for a lawyer group yesterday in Annapolis was received wonderfully, in no small part due to actor Paul Morella’s moving and powerful recreations of Darrow’s courtroom oratory. As is often the case, attendees said that they didn’t realize a legal ethics presentation could be so interesting. If fact, there is no excuse for any kind of ethics NOT being interesting…)

1. I call this “cultural defacing.” At 10:30 last night, I watched the end of “The Princess Bride,” and was thrilled to arrive just as the final showdown between Ingo Montoya (Mandy Patinkin) and Count Rugen (Christopher Guest). Here is the scene, a classic one, which begins with the Count apparently fatally wounding Inigo with a dagger:

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Inigo advances on Rugen, but stumbles into the table with sudden pain. Rugen attacks, but Inigo parries and rises to his feet again]

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Rugen attacks again, Inigo parries more fiercely, gaining strength]

Inigo Montoya: Hello! My name is Inigo Montoya! You killed my father! Prepare to die!

Count Rugen: Stop saying that!

[Rugen attacks, twice. Inigo avoids and wounds Rugen in both shoulders. Inigo attacks, bellowing:]

Inigo Montoya: HELLO! MY NAME IS INIGO MONTOYA! YOU KILLED MY FATHER! PREPARE TO DIE!

[Inigo corners Count Rugen, knocks his sword aside, and slashes his cheek, giving him a scar just like Inigo’s]

Inigo Montoya: Offer me money.

Count Rugen: Yes!

Inigo Montoya: Power, too, promise me that.

[He slashes his other cheek]

Count Rugen: All that I have and more. Please…

Inigo Montoya: Offer me anything I ask for.

Count Rugen: Anything you want…

[Rugen knocks Inigo’s sword aside and lunges. But Inigo traps his arm and aims his sword at Rugen’s stomach]

Inigo Montoya: I want my father back, you son of a bitch!

[He runs Count Rugen through and shoves him back against the table. Rugen falls to the floor, dead]

Except “you son of a bitch” was cut!

We settled this when the TV showing of “Gone With The Wind” let Clark Gable’s iconic exit line, “Frankly my dear, I don’t give a damn” remain uncensored, and later,when John Wayne as Rooster Cogburn uttered the words, “Fill your hand, you son of a bitch!” before charging Ned Pepper and his gang. It is unfair and disrespectful to wreck the best work of writers and actors for the few remaining people on earth who take to their fainting couches when rude language meets their ears. You don’t edit Rhett, or Rooster, or Inigo, or even John McLane when he says, “Yippee ki yay, mother fucker!” Show the movie, or don’t show the movie, but don’t ruin the movie for the most easily offended in the audience. Continue reading →

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May 4, 2018 · 11:41 am

Morning Ethics Warm-Up, 5/4/2018: White Artists, Black Artists, Brain Damage And The Mad Midnight Pooper

Good Morning!

(On the way to lovely Annapolis, MD to present my Clarence Darrow legal ethics program, along with D.C. actor Paul Morella, the real star of the day and the best Clarence Darrow portrayer alive. Paul starred in my 2000 original one-man show about the iconic lawyer-rogue, and has been performing it for lawyer groups and bar associations ever since.)

1  Déjà vu!  I would write a full post about this, but you can essentially go to all the football head trauma essays, search and replace NFL with NHL, and you’ll pretty much have it. The New York Times reports on a 53 year old ex-pro hockey player whose brain yielded evidence of CTE, and evidence is mounting the the violent sport is doing damage to players similar to what the NFL denied for so long. Right now, the National Hockey League is denying it too:

To the N.H.L. and its commissioner, Gary Bettman, the diagnosis is likely to be the latest piece of evidence to dismiss or combat. Even as links build a chain bridging the sport to C.T.E., the degenerative brain disease associated with repetitive head trauma, and some of the game’s most revered names push the league to take a more open-minded approach, the N.H.L. has denied any connection between long-term brain damage and hits to the head.

The N.F.L. did the same, for many years, until the evidence became too overwhelming, the numbers too much to counter with plausible deniability. Facing a huge class-action lawsuit, the N.F.L. eventually admitted to the connection and agreed to a roughly $1 billion settlement with former players. (That has not kept the sides from continuing to fight over the payouts, amid accusations of fraud and intimidation.) The N.H.L., following the N.F.L.’s strategy of about a decade ago, still contests any role in the burgeoning science of C.T.E., in the courts of law and of public opinion.

What’s going on here? Violent pro sports are popular and profitable, so they will continue maiming players and devastating their families until the public finally refuses to have blood on its hands. It will take a while, and many lives will be destroyed, but in the end, football and hockey are going to have to be responsible, and also held responsible for the carnage their greed has caused.

2. Yeah, I’m being unfair and partisan when I accuse progressives of being hostile to free speech and diversity of views… A hip-hop and R&B radio station in Detroit has announced that it won’t play Kanye West’s music. The alleged justification was the rapper’s dumb remarks about slavery. On “TMZ Live,” West said,

“When you hear about slavery for 400 years. For 400 years? That sounds like a choice. Like, you were there for 400 years and it’s all of you all? You know, it’s like we’re mentally in prison. I like the word prison ’cause slavery goes too — too direct to the idea of blacks.”

That’s pretty stupid for sure, but hardly any more stupid than the kinds of things West has been saying his whole career as his fans cheered him on. He’s welcome to hijack a telethons to say, for example, that President Bush intentionally let blacks die after Katrina, but this goes too far. (Someone please explain to me exactly what he thought he was saying, if you have time.) Continue reading →

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April 20, 2018 · 11:29 am

“Morning Ethics Warm-Up, 4/20/18: Bad Ideas, False Narratives, Fake News, And Hillary’s Delusion

Happy Friday!

(You too, Reuben..)

1 The persistence and peril of bad ideas. Civilizations and societies fail in part because terrible ideas take root in the public square, become  exploited by cynical and unscrupulous elites and power-seekers, and lead to policy and cultural disasters. The nation’s gradual acceptance of illegal immigration is such an idea: when the pluses and minuses of the Trump Presidency are finally totaled and compared, no one will be able to deny that taking a direct stand against illegal immigration without compromise or weasel words will be one of Donald Trump’s positive legacies.

Nonetheless, the news media continues to indoctrinate the public with the toxic concept that illegal immigration is acceptable, against all logic and experience. In yet another “good illegal immigrant” story—frankly, I’m sick of writing about them—the New York Times gives us this:

Like many of the immigrants detained this way, Mr. de Oliveira, a house painter, had no criminal history. To the Trump administration, the other thing they had in common was more germane: a legal but, until now, unenforced obligation to leave the country that had stuck to them for years, even as they pieced together lives and families in the United States.

In the later years of the Obama administration, the government mostly left people without criminal records alone, focusing instead on immigrants who had only recently arrived or had been convicted of serious crimes.

But the Trump administration emphasizes that everyone living here illegally is fair game for deportation, a policy that has bumped up immigration arrests by more than 40 percent since the beginning of 2017. Those who were ordered out of the country years ago are especially easy marks for an agency with limited resources for enforcement — especially if they walk straight into an immigration office.

Boy, that mean, mean Trump administration, insisting that aliens who steal a place in this country along with its benefits should have to return it even if they don’t break any more laws.  There is literally no logical or legally coherent argument or rationale to support any other position. I have never heard one, read one, or been able to imagine one. Would people support a policy that allowed citizens to keep the loot they stole in a single felony as long as they never broke another law? Perhaps they would, if politicians, big business advocates for cheap labor and unethical journalists kept promoting the idea over years and decades.

2. And then there are media-fed false narratives. On Headline News this morning, Lovely Robin and her cohorts were reviewing Time’s “100 Most Influential People” and picking their favorites. Who cares, at this pathetic stage of Time’s existence, what that rag decides? One of Robin’s colleagues designated Chloe Kim, the 17-year-old medal-winning Olympic snowboarder, as his favorite among the hundred. Does anyone really believe a teenage snowboarder is one of the 10,000 most influential people in the US, much less in the top 100? Is Time’s 100 really a list of  “people most likely to be on “Dancing with the Stars”? Has any medal-winner in a Winter Olympics ever been particularly influential, except maybe in the Ice Capades? Continue reading →

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April 12, 2018 · 11:28 am

Morning Ethics Warm-Up, April 12, 2018: Mistakes, Senators, Survivors, The Pope And Cosby

Good morning!

(I’m in a good mood because this happened last night…)

1. Incompetent elected officials of the month…From Reason:

On Tuesday, the Senate Judiciary and Commerce, Science, and Transportation committees grilled Facebook CEO Mark Zuckerberg about the company’s insufficient efforts to protect users’ personal data…

Sen. Roy Blunt, (R–Mo.) … didn’t seem to understand that Facebook lacks a means of accessing information from other apps unless users specifically opt in…. Sen. Roger Wicker (R–Miss.) needed a lot of clarification on how Facebook Messenger interacts with cellular service. Zuckerberg had to carefully explain to Sen. Brian Schatz (D–Hawaii) that WhatsApp is encrypted, and Facebook can’t read, let alone monetize, the information people exchange using that service. Zuckerberg had to explain to multiple senators, including Sen. Dean Heller (R–Nev.), that Facebook doesn’t technically sell its data: The ad companies don’t get to see the raw information. Sen. Patrick Leahy (D–Vt.) brought along a poster on which his office had printed out images of various Facebook pages. Leahy asked whether these were Russian propaganda groups. “Senator, are you asking about those specifically?” Zuckerberg asked. He of course had no way of knowing what was going on with those specific pages, just from looking at pictures of them….Sen. Amy Klobuchar (D–Minn.) offered this metaphor: “the way I explain it to my constituents is that if someone breaks into my apartment with a crowbar and takes my stuff, it’s just like if the manager gave them the keys.” But …Facebook didn’t willfully assist in a crime. …Sen. Debbie Fischer (R–Neb.) didn’t understand, at a fundamental level, that if you’re using Facebook, you have agreed to let Facebook know a lot of information about you. Sen. Lindsey Graham (R–S.C.) asked whether Facebook had any major competitors. …

 

This is a theme of regulation, rules and laws in the cyber age: the officials responsible for regulating the uses and abuses of technology don’t use the technology involved, don’t understand it, aren’t willing to take the time to learn, and are apparently not even aware of how irresponsible and incompetent this is, how stupid and lazy it makes them look, and how it undermines the public trust.

2. But don’t worry…In his testimony, Zuckerberg said that Facebook was working on a way to ban “hate speech.” I can’t wait to see what the left-wing crypto-fascists who run the Big Tech giants consider “hate speech.”  Actually, we have some pretty good clues. Facebook silenced pro-Trump video-bloggers “Diamond and Silk,” deeming their political content “unsafe to the community.” Continue reading →

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March 30, 2018 · 7:10 pm

Unethical Quote Of The Month: Microsoft

“By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:

….

iv. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).

b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your Microsoft account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Microsoft reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.”

—-From the revised Microsoft Services Agreement.

I do not trust Microsoft to decide what is “offensive language” in my communications, or anyone else’s. Many people, for example, believe that it is offensive that I assert the duty of citizens to allow an elected President to do the job their fellow citizens exercised their rights to select him to do, and that they have an ethical obligation to treat him with the respect the office of the Presidency requires.

We are already seeing indefensible bias on the part of other big tech companies, such as Google, Twitter, Apple and Facebook, as they favor specific ideological and partisan positions and use their platforms to censor and manipulate public discourse. These are private companies and not constrained by the First Amendment or core ethical principles like fairness and respect for autonomy (and, as we all know, definitely not respect for privacy). The problem is that the big tech companies are ideologically monolithic, virtual monopolies, possess the power to constrain free expression and political speech while leaving no equivalent alternative, and are increasingly demonstrating the willingness to use it.

The big tech companies have proven that they are unethical, ruthless, lack integrity, politically-active and willing to abuse their huge and expanding power to advance their own agendas. At the same time, their products and services  have become essential to the daily lives, recreation and occupations of virtually all Americans. This is a dangerous combination.

They must be regulated as the public utilities they are, and the sooner the better.

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March 2, 2018 · 12:24 pm

Windy Morning Ethics Warm-Up, 3/2/18: More Supreme Court Fun, Transparency Games, Ethical and Unethical Quotes Of The Day…

GOOD MORNING!

(Wind storms all over Virginia, knocking out power and my e-mail, and blowing over a tree that narrowly missed my son’s car!)

1 Lack of Transparency? What lack of transparency? During a lecture and moderated discussion at U.C.L.A. this week in which he was a a participant and invited guest, Treasury Secretary Steven Mnuchin was heckled with hisses, jeers, shouted insults and profanity from students and protesters, some of whom were ushered and even carried out by police officers. A programmed sixth grader in the audience even questioned him about the fairness of passing permanent tax cuts for companies and expiring cuts for individuals, because as we all know, 10-year-olds are well-versed in tax policy theory.

Afterwards, Mnuchin  revoked his consent for the official video of the event to be released, perhaps because he was flustered by the harassment and it showed. In response to criticism of this virtual censorship,

The Treasury Department, through a spokesperson, said that what the Secretary did wasn’t what he obviously did—a Jumbo, aka “Elephant? What elephant?”—saying,

“The event was open to the media and a transcript was published. He believes healthy debate is critical to ensuring the right policies that do the most good are advanced.”

He just doesn’t want anyone to see or hear the debate.

A related point: The protests were organized by Lara Stemple, a U.C.L.A. law professor, and students and faculty members participated. Protests are fine; disrupting the event is not. Faculty members who assisted in the heckling should be disciplined, and students who participated should be disciplines as well.  It’s an educational institution, and all views sgould be openly explored and heard without interference. No guest of the university should be treated this way. Ever. No matter who it is or what their position. The treatment on Mnuchin was unethical.

2. More Supreme Court fun with ethics! Minnesota’s law banning “political” clothing and buttons from polling places is being challenged as an affront to free speech. The law prohibits people from wearing a “political badge, political button or other political insignia” at a polling place on an election day, and a member of the tea party movement sued after his “Tea Party” message got him in trouble when he came to vote.

Here is Justice Samuel A. Alito’s exchange with Daniel Rogan of the Hennepin County Attorney’s Office, who was defending Minnesota’s law:

“How about a shirt with a rainbow flag?” asked Alito. “Would that be permitted?”

“A shirt with a rainbow flag?” Rogan repeated. “No, it would — yes, it would be — it would be permitted unless there was — unless there was an issue on the ballot that — that related somehow to — to gay rights.”

Justice Alito: Okay. How about an NRA shirt?

Mr. Rogan: An NRA shirt? Today, in Minnesota, no, it would not, Your Honor. I think that that’s a clear indication—and I think what you’re getting at, Your Honor—

A T-shirt bearing the words of the Second Amendment? Alito asked.

Probably banned because of the gun-control issue, Rogan said.

The First Amendment? Alito asked. Probably not, Rogan answered.

Got it. The First  Amendment isn’t a political statement, but the Second Amendment is. That led Justice Neil M. Gorsuch to observe: “Under your interpretation of ‘political,’ it would forbid people from wearing certain portions of the Bill of Rights into a polling place but not other portions of the Bill of Rights. And I guess I’m just wondering what compelling interest Minnesota has identified that requires a statute that goes so much further than the vast majority of states?”

In contrast, Justice Anthony M. Kennedy asked J. David Breemer, a lawyer for the Pacific Legal Foundation, representing the challengers, “Why should there be speech inside the election booth at all, or inside the what you call the election room? You’re there to vote.”

This is a problem requiring an “all or nothing” solution. Either all forms of political speech must be allowed, or no speech at all. In a sick time where citizens honestly argue that a MAGA cap or a picture of a gun makes them feel threatened and “unsafe,” the ethical option would seem to be Justice Kennedy’s. No speech, messages, no logos, no photos, no American flags. Last fall I voted wearing my Red Sox jacket.

Uh-uh. Continue reading →

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February 20, 2018 · 10:01 pm

Comment Of The Day: “Morning Ethics Warm-Up, 2018 President’s Day Edition” [#2]

The first time I mentioned the now burgeoning effort by anti-gun advocates to turn the emotional blackmail portion of the current push to children, Chris Marschner issued a typically tightly reasoned examination of the debate ending with, “I’d be happy to discuss my ideas with any of the kids now being paraded before the public on this subject.”

I’m sure that was sincere, though, as you will see, stated with a bit of an edge, as you will soon see.None of these nascent cable news stars would be capable of discussing the topic with him, except in the most rudimentary fashion. . This is the state of affairs that sparked my previous post, making Chris’s Comment of the Day especially apt. And sharp.

Here it is, on the post Morning Ethics Warm-Up, 2018 President’s Day Edition:

I really do not know what is meant by the term “common sense gun control”. Given that it is a relatively amorphous phrase it is difficult for me to reject or accept the argument that we need even more common sense gun control.

I have no problem with background checks or even enhanced background checks but it seems to me that, given that school shootings are often committed by young people, that common sense would indicate that we eliminate the rules to seal a juvenile’s police records, their medical records, and school disciplinary actions. If we had common sense regulations that would allow government officials to ferret out socially aberrant behaviors and intervene beforehand many if not all of these shootings could have been avoided without having to infringe on the rights of law abiding gun owners.

Furthermore, common sense would tell us that if we gave the government the power to review all online posts we might be able to also ferret out cyber bullies and their victims which leads to more deaths annually than school shooters. According to DoSomething.org :

1.”Nearly 30,000 Americans commit suicide every year.
2.In the U.S., suicide rates are highest during the spring.
3.Suicide is the 3rd leading cause of death for 15 to 24-year-olds and 2nd for 24 to 35-year-olds.
4.On average, 1 person commits suicide every 16.2 minutes.
5.Each suicide intimately affects at least 6 other people.
6.About 2/3 of people who complete suicide are depressed at the time of their deaths. Depression that is untreated, undiagnosed, or ineffectively treated is the number 1 cause of suicide.
7.There is 1 suicide for every 25 attempted suicides.
8.Males make up 79% of all suicides, while women are more prone to having suicidal thoughts.
9.1 in 65,000 children ages 10 to 14 commit suicide each year.
10.There are 2 times as many deaths due to suicide than HIV/AIDS.
11.Over 50% of all suicides are completed with a firearm. ”

Think of it, one person dies at their own hand every 16.2 minutes. We need legislation to stop this. We need legislation to stop the cyber bullies. We need legislation to stop the carnage. We must think of the children. We cannot simply focus on the firearm because nearly half do not use a firearm to kill themselves. We can do more than simply control firearms. We must stop the killing by any means. Continue reading →

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