Ethics Dunce: “Above The Law” Creator David Lat

The guy on the right feels happy and safe with everyone knowing he's gay, so the guy on the left is a fool for not wanting a sleazy website to tell the world that HE'S gay. Wait..WHAT?

The guy on the right feels happy and safe with everyone knowing he’s gay, so the guy on the left is a fool for being angry at a sleazy website for telling the world that HE’S gay. Wait..WHAT?

Every now and then, the Washington Post publishes an opinion piece from a guest commentator that crosses the line  distinguishing eccentric from irresponsible. Today’s essay by David Lat, the founder and CEO of the legal industry gossip site Above the Law, is an example of this bad habit. How wrong do one’s logic, values and message have to be before the Post deems them unworthy of promotion and wide consumption? Apparently, there is no limit.

Lat’s essay flagged its obtuseness immediately in its title: “Being Gay Isn’t Shameful, Do Why Does Outing Matter?” (The online version is “Peter Thiel had no reason to be angry at Gawker for writing that he’s gay.“)

The impetus for the article—it is so ethically deranged that I almost think it has to be a joke: who thinks like this?—is the news this week that  wrestler Hulk Hogan’s devastating and perhaps fatal lawsuit against Gawker Media was bankrolled by Peter Thiel,  the billionaire co-founder of PayPal and an  early Facebook investor.  Gawker outed him in a 2007 story, and Theil is using Hogan’ suit over Gawker revealing a sex tape to try to put the ethics-free celebrity-abusing site out of business. Thiel is just being petty and unreasonable, says Lat. Lat is gay and proud of it, so  Thiel should be too!

Writes Lat—whose own gossip site is not above revealing embarrassing facts about well-known figures for its readers’ titillation: Continue reading

The Comfort Women Memorial Lawsuit: A “Disgusting” Legal Argument, Perhaps…Unethical, No

The Glendale Comfort Women Memorial

The Glendale Comfort Women Memorial

The large and respected law firm Mayer Brown has taken the ugly case of some Japanese-American clients who want the city of Glendale, California to remove a memorial to World War II “comfort women” from a public park. In doing so, and in the way it is proceeding, the firm has inspired harsh condemnation from two estimable legal commentators, both First Amendment champions: Marc Randazza, and Ken White. Their objections, which caused Randazza to call the firm “the least honorable law firm in the world,”and White to conclude, “This lawsuit is thoroughly contemptible. It should fail, and everyone involved should face severe social consequences,” are heartfelt, but, I think, misguided. Their argument, beside arguing that the lawsuit is frivolous, is best articulated by Randazza: Continue reading