chilling free speech

On Climate Change And The First Amendment, Yale’s Law School Dean Gives Us A Reason To Be Very Afraid

/ Jack Marshall / 21 Comments

I just wrote in a comment thread,

“The one thing that could change my mind to believe that Trump is less dangerous than Clinton is that the trappings of Trump and his followers reek of stupidity, and the trappings of Hillary and her allies are redolent of totalitarianism.”

The effort by Democrats and anti-gun zealots to deliberately breach the Fifth Amendment to allow “pre-crime” anti-gun laws was one example of the Obama/Clinton/Sanders left’s creeping embrace of totalitarian principles.

Here is another.

Over the weekend, Robert Post, the current dean of Yale Law School where both Bill and Hillary learned to be unethical lawyers, authored a shocking 0p-ed for the Washington Post. In it, he attached his influence and credibility to the idea that the government should use the power of prosecution to intimidate opponents of government policy and widely accepted left-wing agenda items. I have never seen such a disgraceful breach of academic prestige. If I were a Yale grad, I would be heavily involved in calling for Post’s resignation.

Post is supporting the attempts by Democratic, climate change policy-supporting attorneys general to target Exxon-Mobil for fraud because the company opposes certain climate change measures. This comes after eco-facists like Robert Kennedy, Jr. and climate change shills like  Bill Nye (The Self-Promoting Not-Really-The-Expert-He- Pretends -To-Be  Science Guy) have suggested that “climate change deniers” should be jailed. That’s not the theory, though. The theory is that Exxon-Mobil has defrauded investors by misleading them about the results of their own research. Thus the company has been hit by demands for documents by the Massachusetts and New York attorneys general to reveal all of that research.

Exxon-Mobil, as well as others, has condemned this effort as an attempt to chill First Amendment debate. Post, who has allied himself with the censors because climate change is “settled science,”  bolsters the political inquisitioners’ deceit. “It may be that after investigation the attorneys general do not find evidence that Exxon-Mobil has committed fraud. I do not prejudge the question. The investigation is now entering its discovery phase, which means it is gathering evidence to determine whether fraud has actually been committed,” the esteemed dean writes.

Cute. Of course, once the precedent had been established that the government can force someone into expensive legal defense for “the fraud” of disagreeing with the pronounced truths of the State, then dissent and political opinion will be repressed, suppressed, and discouraged. Continue reading →

The Washington College Of Law’s Embarrassing “All Lives Matter” Freak-Out

/ Jack Marshall / 26 Comments
"I can't believe you would say that!"

“I can’t believe you would say that!”

A law professor at D.C.’s  Washington College of Law at American University, who is identified with civil rights issues, discovered that someone had posted a handwritten flyer reading “All Lives Matter” on his door.

The Horror.

A normal, proportionate, hinged, response would be to ponder the multifaceted nuances of those three words, muse quickly about why anyone would feel moved to leave such a message anonymously, and worry about the Nationals starting pitching, perhaps.  Ah, but this is 2016, so hinged is uncool and so 2008. Thus the faculty member complained to the Dean and the faculty, who both felt that writing  “all lives matter” on a flyer is perilously close to hanging a noose or writing KKK or burning a cross:  Racial harassment and intimidation!

Quoth Claudio Grossman, the Dean: Continue reading →

Emory Update: University President James Wagner Vows To Punish Perpetrators Of “Trump 2016” Grafitti, And Reason Whiffs On Why That’s Wrong

/ Jack Marshall / 20 Comments
Nice equivocating, Reason.

Nice equivocating, Reason.

To avoid burying the lede, let us understand right off that this is known as “chilling free speech,” and is un-American and wrong.

Following the revelation that Emory chief James Wagner ratified the complaints of ideology-disabled students that the expression of support for a major party political candidate was an unacceptable assault on student “safety,” Reason now informs us that Wagner is reviewing security tapes so the students can be subjected to the “conduct violation process.” Although the University has not demonstrated similar verve when chalk-scrawled messages contained more popular content, it is making the disingenuous argument that the manhunt is only about policies requiring prior approval of such chalk campaigns, and that prohibit chalk graffiti that won’t be washed away by rain like the itsy-bitsy spider.

The problem with swallowing that malarkey is that mere chalking has never prompted security camera footage examinations or presidential concern before. This is about condemning and squelching mainstream political speech that the prevailing majority of the campus doesn’t like.  This wasn’t swastikas or “hate speech.” “Trump 2016” at Emory is no different from “LBJ 1968” at Berkeley.

Being gentle and oh so careful to avoid sounding too much like he doesn’t sympathize with Trump-despisers,  Reason reporter Robby Soave writes, Continue reading →

Ethics Quiz: The Fick Calls Loretta Lynch’s Bluff

/ Jack Marshall / 18 Comments

bluffing

When I read that our Attorney General, Loretta Lynch, made this provocative statement—

“The fear that you have just mentioned is in fact my greatest fear as a prosecutor, as someone who is sworn to the protection of all of the American people, which is that the rhetoric will be accompanied by acts of violence. Now obviously this is a country that is based on free speech, but when it edges towards violence, when we see the potential for someone lifting that mantle of anti-Muslim rhetoric—or, as we saw after 9/11, violence directed at individuals who may not even be Muslims but perceived to be Muslims, and they will suffer just as much—when we see that we will take action…I think it’s important that as we again talk about the importance of free speech we make it clear that actions predicated on violent talk are not America. They are not who we are, they are not what we do, and they will be prosecuted.”

…my first thought was “oh-oh” and my second thought was, “Boy, Obama’s appointees are as careless with their rhetoric as he is, or Hillary.”

For what really was she saying? It sounds like a threat, but is it?  What does “edges towards violence” mean? Violence? Calling for violence? Or rhetoric anti-gun progressives will blame if there is violence? What does…let me rephrase that…What the HELL does “the potential for someone lifting that mantle of anti-Muslim rhetoric” mean? For that matter, what are “actions predicated on violent talk”? Does an action that would not be a crime without violent talk become one based on the rhetoric that inspired it? You’re a lawyer, Ms Lynch, how about speaking precise English? What exactly are you trying to say?

So my third thought was, “Well, we better find out, since is this our top law enforcement official talking and if she is really saying, as one might reasonably interpret her vague and convoluted statement to mean, that she’ll be arresting anyone who dares to venture a harsh judgment of Muslims, it would be good to know.

Donald Trump, I’m sure, would like to know.

And  lo and behold, here comes former GOP tea party congressman turned radio talk show host Joe Walsh to settle the issue! He provides a rant on his Facebook page: Continue reading →

Ethics Quote Of The Day: Blogger Ed Morrissey

/ Jack Marshall / 24 Comments

Double standard“So let’s get this straight. When a lunatic shoots up a Family Research Council office, it has nothing to do with its political opposition. When an abortionist [ Kermit Gosnell ] runs loose because public officials are too intimidated to enforce the laws that do exist, it has nothing to do with political support for abortion. But when a lunatic shoots up an abortion clinic, it’s the fault of millions of Americans who oppose abortion, and who argue peacefully for limits on the practice and better oversight of those who operate in the industry?

“Even when “police have not yet identified a clear motive for the shooting”?

“The shootings in a clinic and the deaths of two people are horrific acts that everyone with a lick of sense and humanity abhors. But what the Washington Post and pro-abortion advocates are conducting in its wake is an attack on free speech and the political process, not to mention the unconscionable smearing of millions of Americans. It’s disgusting, manipulative, exploitative, and un-American.”

—–Conservative blogger Ed Morrisey, in his post, WaPo: Let’s hold free speech guilty for the acts of a lunatic, shall we?

Yes, it’s disgusting, manipulative, exploitative, and un-American—see yesterday’s Ethics Alarms post regarding how the manipulative part works—but it is also one of the clearest and most undeniable examples of mainstream media bias and of how journalists actively adopt and advance even the most blatantly dishonest Democratic Party talking points. (To be fair, they are almost all Democrats, and most of them aren’t very bright, so they often believe this stuff).

For “the Washington Post” in Morrissey’s quote, read The New York Times, CNN, “Meet the Press” and almost every major news media source. All I want from progressives and Democrats is an admission that this slanted distortion of journalism is wrong—bad for the democracy, bad for the civic literacy of citizens, bad for society. That’s all! What I get, even from otherwise fair and rational readers of Ethics Alarms, is rationalizations and denial, aping the protests of the journalists themselves. Morrissey is a very restrained and circumspect writer, but he’s obviously angry. So am I. The point is, so should be every American regardless of political bent who cares about the truth.

Other conservative writers have been in grand form on the politicization of Robert Dear’s murder spree. Here’s the always razor-sharp James Taranto, of the Wall Street Journal: Continue reading →

Your Ethics Alarms Cognitive Dissonance Guide To The Planned Parenthood Shooter Spin Game

/ Jack Marshall / 44 Comments

 

Robert Dear

Cognitive DissonanceTo the left is a simplified version of Leon Festinger’s Cognitive Dissonance Scale. Most of the people and institutions who use the scale to mislead and manipulate public opinion neither know this diagram nor have heard of Dr. Festinger, but it is what they are employing in the daily wars to win ideological political converts by distorting the significance of current events.

Robert Dear’s as yet unexplained shooting rampage within a Colorado Springs Planned Parenthood facility has immediately created an opportunity for cognitive dissonance manipulation. Festinger’s research showed that our minds will always try to resolve dissonance when something with a high, or positive score—say, “Free Speech,” appears to be closely associated with something else that is low on the scale, such as “hateful speech.” How the dissonance is resolved will depend on the scores of the two dissonant objects or beliefs.

If you want the public to decide that something it approves of is less worthy of approval, attaching it to something the public believes is reprehensible will do the job by creating cognitive dissonance and pulling the well-regarded object down the scale. If you want the public to move its opinion of a person, organization or concept from negative territory into positive, identifying someone or something the public regards far more negatively who opposes the person, organization or concept will tend to move the object of the negative entity’s opposition upward on the scale. In these situations, the mind seeks distance from the reviled entity. I hate broccoli; I learn that Donald Trump hates broccoli; I don’t want to have anything in common with Donald Trump. Pass the broccoli, please.

The latter is the process repeatedly applied by the protesters of police shootings when African Americans are the victims. The public correctly opposes abuse of power and wrongful violence by law enforcement officials; it is far below the mid-point on the scale. It also a opposes criminal activity and resisting legitimate law enforcement. With rare exceptions, every black victim of a questionable police shooting was engaging in or had engaged in criminal activity, and had resisted arrest. These have been criminals, but because the alleged misconduct of the police is far lower on the scale than the criminal activity involved, the criminal victims are propelled by cognitive dissonance into the scale’s positive territory. (The media assists the process by publicizing the most benign images of the victims they can find. The most frequently used photo of Laquan McDonald, who was executed by a Chicago cop, shows him in his high school graduation gown, for example. The cop didn’t shoot a criminal who refused to stop when ordered to, he shot a smiling young man with a bright future. The police officer is thus a monster; the victim a martyr and a hero.)

Now let’s look at the current use of cognitive dissonance in the wake of the shooting by Robert Dear. Continue reading →

Ethics Hero: F.I.R.E…Again.

/ Jack Marshall / 8 Comments

FIREOnce again, the indispensable Foundation for Individual Rights in Education stopped a private university from crushing a student for the imaginary offense of expressing opinions on-line that others find offensive.

Texas Christian University disciplined Harry Vincent, a 19-year-old sophomore, after he posted harsh comments on Twitter about ISIS, illegal immigrants and the Freddie Gray rioting in Baltimore. After a complaint from a Maryland Twitter user named Kelsey, who, having failed to win her online argument with Vincent decided to get him kicked out of school for daring to disagree with her, TCU declared that Vincent had violated the Student Code of Conduct prohibiting the ‘infliction of bodily or emotional harm’ and ‘disorderly conduct,’ neither of which fairly described  his intemperate but entirely personal social media declarations.

The student was suspended from all extracurricular activities for one year, and could no longer live on campus or use non-academic facilities, such as the cafeteria and recreational center.  First, however, the school compelled him to apologize for daring to cast aspersions on terrorists, rioters and illegal immigrants. He was also told to see a psychiatrist, because if you are politically incorrect in 21st Century America, you must be mad.
Continue reading →

Jury Nullification Ethics: Denver’s District Attorney Tries To Make It Illegal To Teach Jurors About The Power Of Juries

/ Jack Marshall / 26 Comments

ZengerIs it just me, or does it seem to everyone as if  a lot of public officials have been trying to shrink the First Amendment lately?

Jury nullification is the doctrine, rich in jurisprudential and American history, that declares that juries have the power and the right to reject what they believe are either unjust criminal laws or unjust prosecutions, and acquit defendants who may have been proven guilty on the evidence, essentially nullifying the law by refusing to enforce it . They definitely have that power: once a citizen is declared not guilty, that citizen cannot be tried again. The dilemma is that neither judges nor lawyers are permitted to let juries know about nullification, since nullification defies the law. A defense lawyer mentioning it in a closing argument risks a mistrial, and bar sanctions. In most jurisdictions, judges instruct jurors that it is their duty to apply the law as it is written whether they agree with the law or not. In only a few states are jurors expressly permitted to judge both the facts and the law of the case. In 2012, New Hampshire passed a unique law explicitly allowing defense attorneys to inform juries about jury nullification.

In Denver this week, Mark Iannicelli, 56, set up a small booth with a sign that said “Juror Info” in front of the city’s courthouse. The Denver District Attorney’s Office has charged him with eight counts of jury tampering, because Iannicelli used that booth to hand out flyers about jurors’ rights to practice jury nullification to jury pool members. Yes, he has been charged with tampering with juries that aren’t even juries yet. Continue reading →

Ethics Quote Of The Month: Popehat Lawyer/Blogger Ken White

/ Jack Marshall / 10 Comments

Dept_Of_Justice_USF“That’s your justice system, and mine: a consequence of our culture of servility towards to police and prosecutors.”

—Former prosecutor, current lawyer, and epic blogger Ken White, summing up the outrageous misconduct of the U.S. Attorney’s Office in its attempt to subpoena Reason’s commenter’s identities for potential prosecution, specifically the use of a gag order to prevent the publication from communicating.

Ken White has been following this story, which is a frightening example of how power can be, and is perverted in a supposed democracy that respects a free press. The short version (you can read the posts about this here and here, which link to Ken’s more intense and thorough commentary) is that libertarian publication Reason found itself ordered to reveal the identities of some mean commenters on its website who made obviously hyperbolic and facetious “threats” about a judge, including suggesting that she be Steve Buscemied…

Woodchipper foot

 

Continue reading →

Four Ethics Dunces And An Unethical Quote Of The Week Double Feature: The Wallingford, Connecticut Mayor And The Anti-Defamation League

/ Jack Marshall / 41 Comments
Beware of Nazi fleas!

Beware of Nazi fleas!

“I had to check with the chief over what is actionable and what isn’t,” according to the mayor. “Unless something violates state or federal law, there’s no jurisdiction for government to do anything. We had to ask, is it something controlled by law?”

—-Wallingford, Connecticut Mayor William W. Dickinson Jr, explaining why his ignorance of Constitutional rights compelled him to check with the police after a hysteric freaked out over a flea market that was selling Confederate and Nazi themed items, and called 911 and the mayor’s office in a panic.

“It’s unfortunate that under the law people have the right to sell these things; but it doesn’t mean they should sell these things.” 

—-Joshua Sayles, assistant regional director of the Anti-Defamation League in Connecticut, expressing his regret that the Constitution includes the First Amendment and a right to Free Speech.

The Wallingford resident who called 911 said he “was shaking and almost vomiting. I had to run.” He told 911 there were helmets with swastikas, images of Hitler and other historical Nazi items.  He complained that the Confederate items were “not authentic” and were replicas of flags and weapons.

The appropriate response to this individual is: grow up. People do things, like things, say things, believe things, sell things, buy things and think things you may not like, and your proper response if you are offended is to leave the scene,  put it out of your mind, make a personal complaint to the individual or individuals in question to express your disagreement if you feel you have to, and then go away.  You have no right to sic the law on them. You have no right to stop them. Calling 911 is an abuse of the service. Ethics Dunce #1. Continue reading →