The Garland, Texas Shooting, Free Speech and Ethics

Geller: Like it or not, the First Amendment was designed for her and people like her: infuriating people.

Geller: Like it or not, the First Amendment was designed for her and people like her: infuriating people.

Last Sunday, two men opened fire outside uber-Islam-hater Pamela Geller’s “Muhammad Art Exhibit and Cartoon Contest” in Garland, Texas. Both gunmen were killed by police, a security guard was wounded. Since cartoons of the Prophet have sparked killings around the globe, this was a risk, if not an inevitability, of holding such an event. That was undoubtedly one of the reasons for it, in fact: to show defiance of those that would cow us into self-censorship.

Since the episode, commentators and pundits have engaged in various levels of  confused ethical thought regarding the competition and the shooting, much of the confusion due to cognitive dissonance regarding Geller, who is beyond question an anti-Muslim bigot. So horrible is it to their delicate liberal sensibilities to have the principle of freedom of speech represented by Geller that rather than accept it, many would prefer to jettison freedom of speech itself. In this they seem to have forgotten that the reason for free speech is precisely to protect the most infuriating, inflammatory, controversial speakers, whether they be hateful fanatics like Geller, or Martin Luther King.

It really is remarkable that the First Amendment has survived so long, since those who discuss it in public the most frequently are journalists and politicians, neither of whom are consistently able to interpret it accurately.

Ethically, this isn’t hard, or shouldn’t be. In fact, not a single new issue is raised by the Texas shooting that was not thoroughly covered here five years ago:

1. No group, no matter how offended or righteous and no matter what its holy book says, is ethically entitled to threaten violence against those who say, or draw, things that they find offensive, including the offense of blasphemy.

2. Encouraging such groups to do this by self-censoring is cowardly and a threat to free speech. Thus South Park and Comedy Central breached their duties to the nation, the culture and free speech by censoring a satirical animated series after receiving radical Islamic threats. As I wrote here: Continue reading

CNN’s Chris Cuomo Gets An Ethics Dunce Hat Trick: Law, Journalism And Civics

dunce capBad day at CNN. First John Berman turns the morning news into frat boy jokes about “big stones” —a testicles reference! HAR!–and then CNN’s AM Big Kahuna Chris Cuomo humiliates himself and everyone associated with him by tweeting,

“Hate speech is excluded from protection. Don’t just say you love the Constitution…read it.”

Wow. Not only is Cuomo spectacularly wrong, but he was smug and arrogant about it. Much as censorious fake liberals who want to impose speech and thought codes on us all would like it to be the case, “hate speech” has no special status in the Constitution at all, other than its status as “speech.” Reason, in a rebuke to Cuomo that drips with appropriate but still somehow inadequate contempt, points out:

Okay, let’s take Cuomo’s challenge. Let’s read the speech part of the Constitution. (I hope this doesn’t take too long; I hate reading.) Oh, good, the speech stuff is right there at the beginning of the “things you can do” section:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. My copy of the Constitution seems to be missing this fabled “except hate speech, none of that” clause.

Well, then, it must be an exception found by the Supreme Court, right? Uh, no…Reason continues its schooling: Continue reading

Unethical Quote Of The Week: Cartoonist Garry Trudeau

The exquisitely rendered artwork of Gary Trudeau, circa 1970.

The exquisitely rendered artwork of Gary Trudeau, circa 1970.

“At some point free expression absolutism becomes childish and unserious. It becomes its own kind of fanaticism.”

—-Doonesbury cartoonist and relentless critic of the Right, Garry Trudeau, in a speech delivered on April 10 at the Long Island University’s George Polk Awards ceremony, where he received the George Polk Career Award.

Trudeau is a Yale grad, so perhaps we should cut him some slack muddled thinking. (Kidding!) However, in making his weak case that legitimate and socially acceptable satire only consists of “punching up,” he appeared to be advocating government prohibition of certain kinds of speech, to be designated by Trudeau and his ideological allies, who, of course, know best.

In doing this, Trudeau came very close to aping the popular theme from activists on the Left, especially on campuses, that “hate speech isn’t protected by the First Amendment.” “Hate speech” is an invention of progressives, and is generally defined as political or social criticism of members in good standing of their club, or groups and individuals they sympathize with or approve of.  Saying that you hope Rush Limbaugh’s kidneys fail is funny and deserved;  saying Mike Brown engineered his own demise by attacking a cop is hate speech. It’s easy when you get the hang of it: just look at the world like Gary Trudeau.

Earlier in his speech, he talked about “red lines” in satire, and blurrily–that is, inarticulately enough that he has plausible deniability, called for restrictions on “hateful” cartoons like those that prompted Islamic assassinations in Paris: Continue reading

The Case Of The Too Candid Catholic Teacher

"You can unzip it, Patricia, when you work somewhere else...."

“You can unzip it, Patricia, when you work somewhere else….”

Apparently I missed another “media firestorm,” so allow me to catch up, particularly since the analysis of this story has been muddled beyond comprehension.

Patricia Jannuzzi, a religion teacher at Somerville’s Immaculata High School, posted this on her personal Facebook page:

jannuzzi-fb-post

This being the internet, after all, someone sent it far and wide, with resulting embarrassment to the school. Jannuzzi, a theology teacher with Immaculata for 33 years, was ordered to de-activate her Facebook page after an online petition   demanded that she be punished. Jannuzzi was placed on administrative leave,  and the school administration notified alumni, parents and students, in a letter that said in part,

“This episode has reflected not only on this teacher but, by extension, on Immaculata High SchoolWe regret deeply any hurt this has caused to any individuals and the negative light in which it has cast our school….Although these were posts to a personal social media page, Immaculata High School recognizes the need to ensure that our faculty, staff and students full understand the behaviors expected of them as members of our community and recognize our intolerance of discriminatory behaviors of any kind.”

Points: Continue reading

Boycotting Dolce And Gabbana: Gays Becoming What They Once Hated Most

After centuries of oppression, Gays have finally achieved the right to openly be who they are as long as they don't piss of Elton John.

After centuries of oppression, Gays have finally achieved the right to openly be who they are as long as they don’t piss of Elton John.

Stefano Gabbana and Domenico Dolce are Italian fashion design superstars, meaning that I pay no attention to them whatsoever, and don’t understand the priorities of anyone who does. Nonetheless, they have a rich and famous international clientele.. The two men were once romantic partners, but no longer; how they are just business and artistic partners, and continue to thrive.

Their thriving, however, has suffered from a self-inflicted setback. In an interview with the Italian magazine Panorama, the pair declared their lack of support for same-sex families with children created by in vitro fertilization.  “I am not convinced by those I call children of chemicals, synthetic children,” Dolce told the magazine. “Rented uterus, semen chosen from a catalog.” Gabbana added, “The family is not a fad. In it there is a supernatural sense of belonging.”

The Horror: a non-conforming opinion from prominent gay fashion icons! Can’t have that! Lapsed pop superstar Elton John, who has two sons through in vitro fertilization with his husband, David Furnish, took the remarks as a personal attack and proclaimed a boycott of the Gabbana & Dolce label. “How dare you refer to my beautiful children as ‘synthetic,’ ” Mr. John wrote on social media. “Shame on you for wagging your judgmental little fingers at I.V.F. Your archaic thinking is out of step with the times, just like your fashions. I shall never wear Dolce & Gabbana ever again.” Thus was born the hashtag #BoycottDolceGabbana.”
Continue reading

Should Google Be Trusted To Censor Websites According To What It Determines To Be “True”?

Here's irony for you: when Google says it can develop software to decide who's not telling the truth, it's lying.

Here’s irony for you: when Google says it can develop software to decide who’s not telling the truth, it’s lying.

Google’s motto is “Don’t be evil.” It’s well-debased by now: agreeing to help China censor the internet modeled  a non-existent distinction between “don’t be evil” and “don’t assist evil.” I’m not ready to call Google’s looming truth algorithm “evil,” but it is certainly sinister and dangerous.

Google’s search engine rose to dominate the field by using the number of incoming links to a web page to determine where it appears in search results. Pages that many other sites link to are ranked higher. “The downside is that websites full of misinformation can rise up the rankings, if enough people link to them,” says Newscientist.

Now a Google research team is altering the system to measure the trustworthiness of a page, rather than its web popularity. Instead of counting incoming links, the proposed new system would count the number of “incorrect” facts within a page. “A source that has few false facts is considered to be trustworthy,” says the team. Each page will get its computer-determined Knowledge-Based Trust score, which the software will derive by tapping into Google’s  Knowledge Vault, a repository of what Google’s claims is Absolute Truth based on web consensus.  Web pages that contain contradictory information will be bumped down the rankings, so fewer minds will be warped by non-conforming information.

Naturally, the Left, assuming that its view of the universe is the unassailably correct and virtuous one, loves this idea. That should put that”climate change denialists” in their places–at the bottom of web searches. Says Salon, which never met a conservative argument that wasn’t a lie (NEVER met? Oh, oh. There goes Ethics Alarms down the search results!), “Even though the former program is just in the research stage, some anti-science advocates are upset about the potential development, likely because their websites will become buried under content that is, well, true.” Continue reading

Sooner Ethics Quiz: Abuse Free Speech Rights, Or Ignore Them?

David Boren, the president of the University of Oklahoma, announced that two students would be expelled from the school for leading a racist chant that was preserved on a video and went viral on YouTube. The video shows tuxedo-clad men from the Sigma Alpha Epsilon fraternity  on a bus chanting :

There will never be a nigger at SAE
There will never be a nigger at SAE
You can hang him from a tree
But he’ll never sign with me
There will never be a nigger at SAE

Who would want to be in a house with these assholes?

 The national fraternity apologized and closed the OU chapter. That was a proper response. (Tell me again what’s good about fraternities.) First Amendment specialist Eugene Volokh, however, pointed out on his blog that the expulsion was unconstitutional:

First, racist speech is constitutionally protected, just as is expression of other contemptible ideas; and universities may not discipline students based on their speech. That has been the unanimous view of courts that have considered campus speech codes and other campus speech restrictions …The same, of course, is true for fraternity speech, racist or otherwise…Likewise, speech doesn’t lose its constitutional protection just because it refers to violence — “You can hang him from a tree,” “the capitalists will be the first ones up against the wall when the revolution comes,” “by any means necessary” with pictures of guns, “apostates from Islam should be killed.”

To be sure, in specific situations, such speech might fall within a First Amendment exception. One example is if it is likely to be perceived as a “true threat” of violence (e.g., saying “apostates from Islam will be killed” or “we’ll hang you from a tree” to a particular person who will likely perceive it as expressing the speaker’s intention to kill him); but that’s not the situation here, where the speech wouldn’t have been taken by any listener as a threat against him or her. Another is if it intended to solicit a criminal act, or to create a conspiracy to commit a criminal act, but, vile as the “hang him from a tree” is, neither of these exceptions are applicable here, either.

Hey, Oklahoma…Rodgers and Hammerstein just called. They’re officially changing the name of the musical and the song to “North Dakota!”

Your Ethics Alarms Ethics Quiz:

Which is the greater ethics breach: the students abusing their First Amendment rights, or the University of Oklahoma violating them?

Continue reading

Speech And Thought Control At CUNY

The minds of your children aren't safe at CUNY, but your penguins might enjoy it there...

The minds of your children aren’t safe at CUNY, but your penguins might enjoy it there…

A responsible parent has an ethical duty to pull their child out of any university that does  something like this.

From The College Fix:

“Effective Spring 2015, the (graduate center’s) policy is to eliminate the use of gendered salutations and references in correspondence to students, prospective students, and third parties,” Louise Lennihan, interim provost, states to employees in a recent memo. “Accordingly, Mr. and Ms. should be omitted from salutations.” Lennihan instructs staffers to interpret the new policy “as broadly as possible,” that it applies to “all types of correspondence, such as: all parts of any letter including address and salutation, mailing labels, bills or invoices, and any other forms or reports,” states the memo, a copy of which was provided to The College Fix by school spokeswoman Tanya Domi. Rather than using “Mr.” or “Ms.,” staff are instructed to refer to students by his or her full name. The policy will “ensure a respectful, welcoming, and gender-inclusive learning environment … [and] accommodate properly the diverse population of current and prospective students,” Lennihan states in the memo.

Now, I almost never use these salutations any more. “Mr.” has always seemed pompous to me, and now it reminds me of the New York Times with its tradition of calling the President “Mr. Obama.” (Over the weekend, the Times garnered guffaws for calling Wisconsin Governor Scott Walker “Mr. Scott” throughout an op-ed. Nice editing there). “Miss” seems condescending, “Mrs.” is a minefield, and “Ms.” sounds ugly while being both dated and unwelcome from some women. (Once I called a women “Ms.” and she barked at me, “Do I look like a dyke to you???”) And I hate being called Mister myself. All of the is irrelevant, It is not any university’s business to enact speech codes, banned words, or other undemocratic and ideologically driven attempts at censorship and speech control. Speech control is thought control, and thought control is indoctrination. Continue reading

A Hung Ethics Jury On Fox’s Broadcast Of The Isis Burning Video

jordan-pilot

The burning ethics issue of the moment is in the field of broadcast journalism, and Ethics Alarms is obligated to weigh in.

Who is right, the pundits are asking: Fox News, for defiantly posting on its website the 22-minute video from the Islamic State terror group that shows Jordanian pilot Lt. Muath al-Kaseasbeh being burned to death, or all the other U.S. news organizations that have refused to do so?

Fox’s decision has been criticized by its own media ethics watchdog, Howard Kurtz, as excessive and unnecessary, and by anti-terrorism experts, who unanimously say that this plays into the ISIS strategy. Malcolm Nance of the Terror Asymmetrics Project on Strategy, Tactics and Radical Ideology said the Fox was “literally – literally – working for al-Qaida and Isis’s media arm. They might as well start sending them royalty checks.”

Here are the Ethics Alarms observations on the controversy. The short version: I doubt everyone’s motives here, and nobody on any side of the journalism ethics debate is consistent or trustworthy. Unlike me.

1. Here are the relevant tenets of the Code of Conduct of the Society of Professional Journalists. Continue reading

Facebook’s Unconstitutional News Hoax Policy

I've got your backs, you contemptible jerks...

I’ve got your backs, you contemptible jerks…

Boy, there’s a lot of pro-censorship sentiment going around these days. I wonder why?

The latest comes from Facebook, which now is going to attempt to shield us from “hoaxes.” I don’t trust the government to decide what I should read and I don’t trust Facebook to do it either. Nobody should.

Back in the sixties, Economist John Kenneth Galbraith wrote papers and books asserting that large corporations were becoming the new nations and states, and that it was their power, not elected governments, that would decide how we lived. Galbraith wasn’t the best professor I aver had (he was the tallest), and his assertions in this realm were certainly exaggerated, but a lot of what he foresaw has come to pass. It is true that the First Amendment prohibition against government censorship of expressive speech doesn’t apply to private entities, but it is also true that huge corporations like Facebook weren’t even a twinkle in the eye of the Founders when that core American value was articulated. Any corporate entity that has the power to decide what millions of Americans get to post on the web is ethically obligated to embrace the same balance of rights over expediency that the Constitution demands of the state, specifically free speech over expediency, period, exclamation point, no exceptions. Embodying Clarence Darrow’s statement that in order for us to have enough freedom, it is necessary to have too much, the Supreme Court has even pronounced outright lies to be protected speech.

For this reason, Facebook’s well-intentioned anti-hoax policies—boy, there’s also a lot of well-intentioned lousy policies going around these days, being applauded for their goals whether they work or not. I wonder why?—add one more offense to core American ideals.

You can read Facebook’s new policy here. The key section: Continue reading