due process

Comment Of The Day: “NOW Monica Lewinsky Says She Was Abused And Sexually Harassed”

/ Jack Marshall / 15 Comments

[I’m in an Atlanta hotel, waiting for breakfast and needing to re-arrange my notes for a legal ethics and technology seminar later this morning. No time before the knock on the door to get the Warm-up going, but at least I can add one of the several Comments of the Day stuck on the runway, just like my plane was last night in D.C….]

Carcarwhite takes another step in our ongoing exploration of the confusing “it’s sexual harassment if the woman doesn’t like the unrequested sexual advance, it’s not if she does,but if she changes her mind over tbe next several decades or so she can rewrite history and maybe wreck a career or reputation” standard that has been on vivid display since the unveiling of The Harvey Weinstein Ethics Train Wreck.

Here is her Comment of the Day on the post, NOW Monica Lewinsky Says She Was Abused And Sexually Harassed:

I’m horrified at many of my gender who are crying for equal rights and then act like little whiny babies.

We want equality but we can’t pay 15 a month for our own birth control. We want equal this and equal that then we use (some of us) the flavor of the week to plead our victim case. Hurting our fellow citizens male and female because of this.

I was kissed by Eddie Van Halen back stage in the 80’s, on the lips, a few times. He was tipsy and happy and took a selfie of us before seflies were selfies, and I’ve actually had friends on the Left tell me I should my story publicly.  And they say I am ENABLING THIS BEHAVIOR by not going forward! This is laughable. Continue reading →

NOW Monica Lewinsky Says She Was Abused And Sexually Harassed

/ Jack Marshall / 25 Comments

 

I called it!

Remember in December when I had this exchange on NPR during a panel about sexual harassment and political figures in the early states of #MeToo?

ME : A hostile work environment means that the recipient of this has to feel hostility. They don’t like it. So, for example, if somebody – I have a hypothetical that I’m sure has happened, where someone is grabbed by Donald Trump back when he’s a celebrity, and she comes home. And she’s kissed, and she tells her roommate, “That was cool! Donald Trump kissed me.” And then when everybody she knows detests Donald Trump, she suddenly says …”I was harassed.”

BUTLER: COME ON!

HOST MICHEL MARTIN: OK. Yeah, I think we’re going to go to a different…All right. All right, Jack, you’ve had your say on that. And I think there are a lot of people who would want to argue with – I’m going to let Paul speak his piece on this. What do you say to that?

But the professor didn’t go beyond his interjected cheap shot, and went on to his own agenda, leaving the impression that my exposition on the strangeness of sexual harassment law was off-the-wall. It wasn’t, though. I was 100% correct, and NPR listeners, thanks to a grandstanding law professor whom I suspect wasn’t up on sexual harassment (he’s a criminal law professor who concentrates on race issues), were left less-informed than when they tuned in.

My point was and is valid: nothing stops an object of sexual attention in questionable propriety and taste from treating it as welcome at the time, then choosing, months, years or decades later, when there are non-ethical motivations to vilify or harm her one-time suitor, to withdraw her consent and “welcome,” and claim, retroactively, that she was harassed and abused.

This is exactly what Monica Lewinsky has done. Continue reading →

CNN Vs. The NRA: Ethically, It’s No Contest

/ Jack Marshall / 44 Comments

1. Let us begin with this. The National Rifle Association is an advocacy organization. Advocacy organizations operate exactly like lawyer representing clients, and their ethical obligations are similar. They must be loyal to the interests of the object of the representation. They must be zealous, honest, and they must avoid conflicts of interest. In this regard all advocacy organizations, regardless of where they land on the ideological or partisan spectrum, are the same. They have a mission, and a job, and a duty to do it well. The ACLU exists to be an advocate for absolute integrity of the Bill of Rights, particularly the First, Fourth, Fifth, Sixth, Eighth and Ninth. The NRA has a similar mission regarding the Second Amendment, because the ACLU has never been zealous about that one. FIRE advocates for free speech on college campuses, which is often not a First Amendment issue.

NARAL is a zealous advocate for abortion rights, in absolute terms. Most advocacy groups adopt absolute positions which often seem unreasonable to moderates. The U.S. Chamber of Commerce is an advocacy group for business—I once worked for them—and opposed government regulations. The Association for Justice—I worked for them too–is an advocacy group for plaintiff’s trial lawyers, and fights any efforts at reforming the tort system, such as capping damages or punishing frivolous lawsuits. All of these and more take the extreme position on one side of a controversy to balance other advocacy groups that take extreme positions in opposition. In this they are very much like opposing lawyers in a trial, except the public is the jury. This is how democracy works, and it is the only way democracy can work.

Condemning and demonizing an advocacy organization because one does not agree with or dislikes the position it advocates is, in my view, exactly like condemning a lawyer for effectively representing an unpopular client—and a lot of ignorant Americans do that, too. Citizens have a right to have an effective organization promote their views and opinions in the court of public opinion, just as citizens have a right to have a competent attorney to represent their interests in a court of law. Attacks on this principle are unsustainable, unethical, and undermine democracy.

2. CNN, and other segments of the news media but especially CNN, has been aggressively attacking this principle since February 14, when Nicholas Cruz opened fire. CNN is NOT an advocacy organization, or is not supposed to be. It is a news organization, and its job and duty is to present facts to the “jury” without trying to influence it one way or the other. On the gun issue, CNN has completely abandoned objectify and its duty to inform, in an unethical effort to advocate for anti-gun interests antithetical to journalism standards.

3. Here is a stunning admission by the New York Times, which has been almost as shrill in its call for gun bans as CNN, in a front page story (Bolding mine):

To many of its opponents, that decades-long string of victories is proof that the N.R.A. has bought its political support. But the numbers tell a more complicated story: The organization’s political action committee over the last decade has not made a single direct contribution to any current member of the Florida House or Senate, according to campaign finance records.

In Florida and other states across the country, as well as on Capitol Hill, the N.R.A. derives its political influence instead from a muscular electioneering machine, fueled by tens of millions of dollars’ worth of campaign ads and voter-guide mailings, that scrutinizes candidates for their views on guns and propels members to the polls.

“It’s really not the contributions,” said Cleta Mitchell, a former N.R.A. board member. “It’s the ability of the N.R.A. to tell its members: Here’s who’s good on the Second Amendment.”

Continue reading →

What Do You Get When You Add Anti-Gun Bias To Constitutional Ignorance To Anti-Trump Bias To Incompetent Journalism? THIS…

/ Jack Marshall / 39 Comments

Can’t balance that household budget? No gun rights for you!

I enthusiastically  recommend Reason, both the magazine and the website. I am far from being a libertarian, but their reporting and analysis is consistently fair, balanced and perceptive. If I were teaching high school, I’d assign it regularly.

Here is a recent example. Reason’s Scott Shackford correctly flagged the incompetent and misleading media narrative that President Trump eliminated a wise Obama measure that kept guns out of the hands of dangerous mentally ill individuals. The usual media hacks pushed this narrative on the public, like CNN’s Chris Cuomo, who tweeted to Trump,

“Are you aware that one of the regulations you got rid of made it more difficult for mentally ill to get guns?”

ABC News..

“One of the only major actions that Pres. Trump has taken on gun control is to block an Obama-era rule that made it harder for the mentally ill to have access to guns.”

Trump-deranged Washington Post conservative Jennifer Rubin…

“Almost a year ago Trump signed a bill rolling back Obama measure making it harder for mentally ill to get guns”

The Daily Beast:

“A year ago today, the Senate rolled back an Obama regulation that would have prevented 75,000 severely mentally ill people from buying guns and put them “in the hands of people too mentally unstable to manage their own bank accounts”

The degree of ignorance regarding mental illness and Constitutional rights displayed by these and others is horrifying.

Writes Shackford, Continue reading →

Morning Ethics Warm-Up, 2/21/18: Good Bye Billy Graham, Wise Words From Mike Rowe, And Learning To Say No To Children…

/ Jack Marshall / 23 Comments

GOOD MORNING!

1 Billy Graham has died. Graham is one of those towering figures who outlived his fame, and now most Americans neither remember nor understand what he was and what he did. I will be doing a thorough post on Graham and his cultural impact, I hope. (Note that I haven’t even finished the 2017 Ethics Alarms Awards posts.) Like most of you, I bet, I had forgotten that Billy Graham was still alive until an episode of “The Crown” on Netflix prompted me to check recently. In that episode, based on a real event, a troubled Queen Elizabeth was inspired by hearing Graham in one of his speaking tours in Great Britain, and invited him to Buckingham Palace to advise her.

It was not Graham’s fault that his remarkable and broad popularity sparked the deplorable TV evangelist fad that created mega-churches, Jerry Falwell, Jimmy Swaggart, Pat Robertson, The Moral Majority, Jim and Tammy Faye Bakker, Jessica Hahn, and other frauds and swine that made much of America cynical about all religion.  On Google, Graham’s photo is lumped in with many of these if you search for “evangelist.” He deserves better.  In the high-profile evangelical world, Billy Graham was, as one article put it today,“an exception – a leader who valued integrity over ego, a husband who lived in a full and thriving marriage, a man who offered not only words to learn by, but a life to admire.”

2. Updates:

  • By almost a 2-1 margin, readers voted that accusing Wes Anderson’s animated comedy “Isle of Dogs” of cultural appropriation was even stupider than Joan Walsh’s repeated use of the politically correct  and hilarious “strawpersons” on CNN. I thought it would be a lot closer.
  • Michael West gets his name on a Comment of the Day the very first time it appeared on an Ethics Alarms comment, with such a thorough examination of the rationalizations and logical fallacies exhibited in the Times op-ed defending the Nashville mayor’s unethical conduct that I won’t have to write one. I thank him, and Billy Graham thanks him. The Comment will be posted later today, but you can also read it here.
  • However,  if you haven’t gone through the exercise of reading Margaret Renkl unforgivable Times op-ed with the Ethics Alarms handy-dandy list of rationalizations by your side, you really should. Stupidly, I forgot that the Times is behind a paywall, frustrating many of you. I posted half the op-ed on the post last night. Posting the whole thing would have been unethical, but half, with a link, is fair use.

3. “Children’s Crusade” news and commentary

  • I almost made the Florida legislature an Ethics Hero for voting down an “assault weapons ban” with a throng of students from Marjory Stoneman Douglas High School, who had lobbied for te measure, in the chamber. I don’t have strong feelings about the measure one way or the other, but it is crucial that all lawmakers resist this organized effort at emotional blackmail. I don’t care what the kids are advocating. Parents spend years explaining to their children that they can’t go through life believing that demanding what they want is going to magically succeed, and now adults and the news media are telling adults that if these students shout, curse and cry enough, they should capitulate. Naturally, the news media tugged at our heartstrings by showing high school girls weeping after the vote. There’s no crying in politics, kids, and the most emotional advocates don’t always win, because, as Abe said, you can’t fool all the people all of the time.

Get serious, or get out.

If I were a legislator, I would announce that I would automatically vote against any measure where children are used as lobbyists, spokespersons, advocates, or props. Continue reading →

KABOOM! Is Your Head Explosion Proof? Find Out Now With The Handy Ethics Alarms Test, Starring CNN’s Don Lemon!

/ Jack Marshall / 34 Comments

On February 15 at 11 pm, CNN Tonight with Don Lemon held a debate between the Nation’s Joan Walsh–The Nation is the farthest left of the U.S. political magazines, and is fairly described as Socialist—and National Review editor Rich Lowry. TNR is the most venerable of U.S. conservative publications. The subject was gun control, following the horrific high school shooting in Florida. Lemon was supposed to moderate.

I began watching the segment, which was amazingly, perilously  long, until my head exploded, nearly killing Rugby. Yesterday, I finally found a transcript of the exchange, and realized that those of you who think your heads are immune from detonation can test your cranial fortitude by trying to read it.

I recommend the test. It is challenging, and if your head survives intact, you can safely assume that nothing will send your brain matter to the ceiling, which is feeling of security we all aspire to. First, however, line the room with plastic sheets. Wear something easily washable (or nothing at all.) And for God’s sake, keep pets and loved ones out of the room. No helmets allowed.

I will break in from time to time to comment, and check on how you are doing.

We’ll begin the transcript when the early part of the discussion had turned to the NRA and its large contributions to elected officials…

RICH LOWRY: Well, I think you’re looking at this totally from the wrong perspective. Let’s take Paul Ryan for instance. I’m sure — I’m almost certain he was pro-gun rights even before he thought about running for Congress. So the idea all the Republicans are secret gun controllers and just have been bought off to go out and lie and pretend they’re in favor of gun rights is not true. This is a sincere conviction.

DON LEMON: Where is the evidence? I never said that.

JOAN WALSH: I don’t think Don was saying that.

LOWRY: Well you’re suggesting that Paul Ryan —

LEMON: I’m not suggesting anything.

LOWRY: — because of the money.

LEMON: I’m just reading the facts.

LOWRY: Okay, so the contributions have nothing to do with Paul Ryan’s conviction on guns? We agree on that?

LEMON: No, we don’t agree with that.

LOWRY: Okay. That’s the point I’m making. I’m sure he was pro —

LEMON: I’m not saying — you’re saying they’re secret gun controllers. I never intimated that.

LOWRY: Yes. You’re saying they’re bought off. So — if they’re — what are they being bought off to a position they don’t agree with it? Is that what you’re suggesting?

LEMON: Do you think they’re not influenced by the money?

LOWRY: No.

LEMON: Are you influenced by money?

LOWRY: Let’s talk about Paul Ryan.

LEMON: Do you know where your bread is butter?

LOWRY: Let’s talk about Paul Ryan. You think he is a secret gun controller? He has always been in favor of gun control.

WALSH: No, no one is saying that why creating the straw person that is what. It’s not something either one of us would.

LOWRY: No. Well — How it the money relevant? So it’s a sincere conviction.

WALSH: The money is relevant, because they have an alliance, the money is relevant.

LEMON: The money is getting them elected.

WALSH: The money gets them elected.

LOWRY: The NRA supporting him because he’s pro-gun.

WALSH: They have come around to —

LEMON: I am looking at it that way.

WALSH: — absolutism version of the First Amendment where common sense gun laws don’t work.

LOWRY: What’s wrong?

LEMON: No it doesn’t. Because he is influenced by the money.

LOWRY: No, no, no. So you think he —

LEMON: If the NRA —

LOWRY: — you think that —

LEMON: — is not paying him the money, then he would —

LOWRY: — when he was 16 years old out hunting deer, he was in favor of gun control then he ran for office and all this lobbyist money came to him and he changed his view on guns. That’s absurd

WALSH: You are creating a straw person.

LEMON: So, why oppose common sense restrictions that the vast number of Americans support and, by the way, do you think he was out with an AR-15 hunting?

LOWRY: I’m sure he is out with a rifle.

LEMON: Okay but an AR-15?

HEAD CHECK I. Head still intact? Good for you. 

A. Note that Don Lemon is supposed to be the moderator. This format is that CNN invites two “experts” on different sides of an issue to debate points for the edification of its audience. The theory is that this is fair and even handed. Lemon is the worst, most incompetent moderator of all time, because he literally could not be worse. If he were a boxing referee, he’d be pummeling one of the fighters. Not only does he take the role of an advocate, teaming up with Walsh against Lowry, but because that leaves the segment with no moderator, it rendered the segment incoherent, with everyone talking over each other, shouting and interrupting while seldom finishing a sentence or a thought.  Lemon, supposedly a professional broadcast journalist, is, therefor incompetent as well as biased. He’s not doing his job; he’s abusing his position, and he’s cheating his audience. All of CNN’s anchors do this, but seldom to this extent. Does Lemon even know what moderating is?

B. My head lasted through this segment, but Walsh using the ridiculous, politically correct “straw person” twice almost did me in. The term is “strawman,’ and it refers to scarecrows, which, unless someone is trying to make a feminist point to birds, are made to look male. This is how Leftists make themselves look silly. I can’t take someone seriously who uses a phrase like “Straw person.” It’s as bad as “Hangperson.”

C. Lowry is quite right: if Walsh and Lemon believe that the NRA’s money is the reason why members of Congress don’t support gun restriction measures, then they are arguing that these members would vote for such measures without the contributions. They are exhibiting  a particularly crippling kind of bias. They believe that their position is so obvious, so correct, that nobody would ever sincerely oppose it unless they were bribed. It is also an unusually hypocritical argument for any partisan to make, as it can easily be turned around to make the same claim regarding legislators opposing “sensible abortion restrictions,” for example. I’m sure that legislators on both sides of the aisle have positions that they vote for to keep donors happy; I’m also sure that that many big interest group  donations go to politicians because they sincerely and enthusiastically support those interests, and would with or without the contributions.

D. Most of all: how useless, inarticulate. amateurish and chaotic can a segment be? You’re going to find out, unfortunately… Continue reading →

Ten Points Regarding The Rob Porter/White House/Domestic Abuse Scandal…

/ Jack Marshall / 60 Comments

1 We know that the FBI had told the Trump White House about allegations from Porter’s two ex-wives that he had been physically abusive. Apparently, the FBI did not confirm, or could not, that the accusations were true. The allegations were still sufficient to prevent Porter from getting security clearance, whether they were true or not. There are good reasons for this. That does not mean that it is fair that someone’s career can be derailed and his reputation smeared without proof of wrongdoing, but it is necessary.

2. The position of an employer that has its own integrity and reputation to protect when an explosive allegation of personal and criminal misconduct regarding an employee arises is an ethics conflict. The Golden Rule suggests that such an employer should not jettison such an employee absent due process and sufficient proof of wrongdoing. However, the greater duty in this case is to the administration.

3. Porter should have resigned. In fact, that he did not resign was the best reason to fire him. This was his domestic problem, and he had no right to  inflict it on the White House, even if he was innocent.

4. There was nothing inconsistent about President Trump’s tweets condemning domestic violence and regretting the lack of due process and fairness in the current #MeToo witch hunt environment. He is right on both counts. As usual, he was not as articulate as he needs to be when opining on such delicate topics. He is not going to become more articulate, however.

5. Porter’s denials of wrongdoing, absent more, should carry no more nor less weight than the accusations against him.

6. Nobody who does not know Porter, the women involved or the intimate details of their relationships should be saying things in public like “I believe the wives” or “I don’t believe them.”  This flips us back to “I believe Anita Hill but don’t believe that slut Paula Jones” territory. People believe who they want to believe. Women who accuse men of abuse have no more claim or right to be believed without evidence than any other accuser, including those who accuse you.

7. Domestic disputes are infamous for the frequency with which previously honorable combatants will use false or exaggerated accusations to gain legal leverage or for old-fashioned revenge. It is possible that Porter’s two wives want to destroy his life. They seem to be doing a good job of it, if that’s their objective. Continue reading →

Ethics Quote Of The Month: The French Anti-#MeToo Letter

/ Jack Marshall / 13 Comments

This translated open letter received a lot of publicity last week, in part because the famous French actress Catherine Deneuve signed it (that’s her, above, with Harvey Weinstein) , along with writer/psychoanalyst Sarah Chiche,  author/art critic Catherine Millet, actress/writer Catherine Robbe-Grillet, journalist  Peggy Sastre (author/journalist) and writer/journalist Abnousse Shalmani. It was signed by over a hundred other women.

The entire letter is important, and should be read by anyone interested in this issue—and everyone should be interested. All of the letter is ethically dead on, except one crucial element: workplace harassment is not trivial, as the letter mistakenly suggests. The letter states near the beginning:

“This summary justice has already had its victims: men who’ve been disciplined in the workplace, forced to resign, and so on., when their only crime was to touch a woman’s knee, try to steal a kiss, talk about “intimate” things during a work meal, or send sexually-charged messages to women who did not return their interest.”

The French just do not get this. I have seen it, fought it, and trained companies about it: supervisors using the workplace as a dating bar harms women, even when the particular target is receptive. It is a crucial component of the glass ceiling and fuels sexual discrimination, every one of those behaviors mentioned above can create a hostile workplace. Men who engage in such conduct, if the conduct can be proven, should be disciplined, as a matter of policy and ethics.

The rest of the letter is excellent.

Rape is a crime. But trying to pick up someone, however persistently or clumsily, is not — nor is gallantry an attack of machismo.

The Harvey Weinstein scandal sparked a legitimate awakening about the sexual violence that women are subjected to, particularly in their professional lives, where some men abuse their power. This was necessary. But what was supposed to liberate voices has now been turned on its head: We are being told what is proper to say and what we must stay silent about — and the women who refuse to fall into line are considered traitors, accomplices!

Just like in the good old witch-hunt days, what we are once again witnessing here is puritanism in the name of a so-called greater good, claiming to promote the liberation and protection of women, only to enslave them to a status of eternal victim and reduce them to the defenseless prey of male chauvinist demons.

Ratting out and calling out Continue reading →

Morning Ethics Warm-Up, 1/11/2018: “Clean-Up On Ethics Aisle 10!” Edition

/ Jack Marshall / 28 Comments

Good morning…

1 “And the survey says…! The results of the polls in yesterday’s 1/10 warm-up (so far) are..

  • Chris Christie is the leader in the “most hubris” poll, with 38.53% of the vote, but its pretty close. I’m pretty sure “All of them” would be leading if I had included it.

(I voted for Steve Bannon.)

  • 50% voted that journalist interviewers should be trained to recognize and flag invalid rationalizations.

A solid second was the choice, “They couldn’t do it objectively,” at 43%

  • By a 2-1 ratio over either of the other choices, over 50% believe that Plan E, the 25th Amendment removal plot, should be thoroughly discredited but the news media won’t let it go.

2. I also worry about Bobby Darin…Yesterday’s lament about declining cultural literacy and how movie artists that we should remember for our society’s enlightenment, perspective and inspiration are increasingly falling into a dark memory hole is relevant to a current development on Broadway: “The Bobby Darin Story” will kick off the new “Lyrics” season from January. 20 to 22, with rising star Jonathan Groff as Darin. Bobby Darin, one of my favorite performers and an unusually versatile and eclectic one, died before he was 40 and just barely hangs on in the culture now, thanks to his classic recording of “Mack the Knife.” (Also this month, the jukebox musical about Darin, “Dream Lover,” opened in Sydney.) Everything about Darin has been unlucky, his bad fortune culminating in the weird 2004 biopic that starred Kevin Spacey as Bobby. The movie was a bomb, and Spacey’s ugly fall guarantees that the film will be seen  by future generations about as often as Annette in”Muscle Beach Party.” As the Cary Grant post noted, sometimes all it takes is a vivid reference to rescue a lost life of note.

Darin’s own lost life is itself an ethics thought experiment. He knew at a young age that he was not going to live long, because he had an irreparably damaged heart. His response was to be furiously creative and to live life at a mad and reckless pace. The new show’s director says, “He lived a gritty, driven life. He hurt people along the way and people hurt him.” Continue reading →

California’s Ethics Rot

/ Jack Marshall / 19 Comments

This is the prevailing culture in the state Hillary Clinton won so overwhelmingly that she was able to claim that she really “won” the election. You don’t want to live in that culture. It opposes the Freedom of Speech.

Opposing free speech is unethical. It also is undemocratic. But Californians are increasingly incapable of seeing this. It is a case study in how a culture rots. Some recent examples of how the rot is proceeding.

I. Mean Facebook posts are crimes.

In 2016, Mark Feigin posted five insulting comments on the Islamic Center of Southern California’s Facebook page. Among them:

  • “THE MORE MUSLIMS WE ALLOW INTO AMERICA THE MORE TERROR WE WILL SEE.”
  • “PRACTICING ISLAM CAN SLOW OR EVEN REVERSE THE PROCESS OF HUMAN EVOLUTION.”
  • “Islam is dangerous – fact: the more muslim savages we allow into america – the more terror we will see -this is a fact which is undeniable.”
  • “Filthy muslim shit has no place in western civilization.”

As a result, California is prosecuting him for allegedly violating Cal. Penal Code § 653m(b):

Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device … to another person is … guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.

A First Year law student of reasonable mental acuity could tell you in a trice that this was unconstitutional—that is, she could if she hadn’t been marinated in the anti-democratic culture that is 21st Century California. It is also an unethical and intellectually dishonest effort to use an ill-fitting law to punish “hate speach.” Here, in part, is the analysis of Prof. Volokh, a constitutional law specialist:

This can’t possibly be consistent with the First Amendment; indeed, in U.S. v. Popa (D.C. Cir. 1999), the D.C. Circuit set aside a telephone harassment conviction of someone who left seven racist messages on the voicemail of then-U.S.-Attorney Eric Holder; and the court focused on the “political message” of the speech, and not on Holder’s status as a government official. Given that insults targeted to a particular person, related to a political message, are thus constitutionally protected, so are more general insults aimed at an ideology and all its adherents, whether that ideology is Islam, Scientology, conservatism, gun rights, or anything else. Laws aimed at preventing unwanted repeated messages to particular private citizens shouldn’t be applied to messages sent to ideological organizations (or to public officials). And this is especially so when it comes to annoying Facebook posts, which the organization can simply block.

…I hope the court indeed promptly throws them out as unjustified under the statute, forbidden by the First Amendment, or both. But if the courts accept such charges, expect to see many more people, left, right, and otherwise, prosecuted for posting insulting messages on many groups’ web pages.

II. No free speech on campus without permission!
 Continue reading →