Tag Archives: First Amendment

Yes, Virginia, There Is A White Supremicist Teacher Principle

“Oops! Sorry.”

 

A commenter yesterday inquired about the Ethics Alarms position regarding efforts to punish participants at white nationalist rallies by publishing their photos on Facebook and other social media, presumably to help get them fired.

I’ll begin the analysis with the Naked Teacher Principle, explored in its many variations on Ethics Alarms, which states,

“A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.”

The same general reasoning would apply to a secondary school teacher or administrator (or other role model for children) who placed videos or photos of himself or herself demonstrating in favor of racist causes, or giving the “Sieg Heil!” salute, on social media. Even a superb teacher, and one who never exhibited any racial bias at all, would be rendered untrustworthy by such photographs. A neo-Nazi has a right to his or her political views, but those views cannot interfere with the individual’s ability to do a job.

No, I wouldn’t trust a Klan member, a neo-Nazi or a white nationalist to teach my child.

The same would apply to social media posts, and the exact analogy are the college professors who have recently found themselves enmeshed in controversies by declaring on Twitter or Facebook that white people should be killed, that males are a social contagion, or similar bigoted sentiments. These teachers should be separated from their students, and many, though not all, have been. They are, however, publicizing themselves, as well as their bigoted views. Like the naked teachers who posed on-line, they are accountable for the images they project and publish, and how those images affect present and future employees.

However, this is different:

Thousands of strangers across the country had been working together to share photographs of the men bearing Tiki torches on the University of Virginia campus. They wanted to name and shame them to their employers, friends and neighbors. In a few cases, they succeeded.

The activity described is a direct effort to punish people for  their opinions expressed through legal means. It is in the same unethical category as sending private e-mails that reflect badly on former lovers through social media, or using a questionable tweet to destroy the life and career of the tweeter. This kind of  “amateur sleuthing”  as the Times whitewashes the practice, is vicious, destructive, reckless, unfair, and a Golden Rule breach.

I have already pointed out that I might be tempted  join a demonstration against the unethical airbrushing of history that taking down Robert E. Lee’s statue in his home state represents. If I were an idiot (but not a bigot), and didn’t recognize that the white nationalists were just exploiting the General’s memory for their own agenda, I might have been in that group of Tiki torch marchers. A photograph of me marching with a bunch of Klansman and neo-Nazis would hardly be good for my ethics business, though I would be completely innocent of racist views.

The “amateur sleuths” also are not always correct (being amateurs, after all) , as well as being self-righteous, vicious, and opponents of free speech. The Times describes that fate of a professor, Kyle Quinn, who runs a laboratory dedicated to wound-healing research, and who resembled another man caught in a photo marching with the racists. Quinn was attacked on Twitter and Instagram, and social media demanded that he be fired, accused him of racism, and posted his home address online.

Nice.

Be proud, you vicious social justice warriors! Continue reading

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More Perspective On Charlottesville, The Left, And The First Amendment

I’ve been spending the day pointing out the bias and hypocrisy of various Facebook friends who posted emotional, warped, virtue-signaling junk assuming they would be greeted with the sounds of a thousand well-trained seals clapping. I’m not sure why I bother: it gets close to the cartoon about the guy who tells his wife, “Someone is wrong on the internet!” I feel like the alternative is to  just let a brain virus run amuck. These once intelligent people just know the President is secretly a white supremacist. He’s obligated to specifically condemn the white nationalist group, because they were “emboldened” by his election. And, they say, their “side’s” violence is “less disgusting” than the violence of the bad people….because, though they don’t say this, the ends justify the means.

I think the reason I subject myself to the sneers and abuse—did you know I must be a Donald Trump supporter and a white nationalist?—is that the Left’s assault on free speech, which is the cornerstone of democracy,  has to be opposed, called out and condemned every single time, until they either embrace the Constitution, move to Canada, or haul us off to re-education camps. White supremacists aren’t a danger to the nation, because that kind of prejudice is antithetical to core American values, and no credible, respectable institutions and individuals support them, or ever will. Fascism of the Left is a real danger, because it is seductive and misleading, and it is infecting the most powerful and influential institutions we have. We saw it in Charlottesville. In a college town indoctrinated in the progressive cant that the wrong opinions don’t deserve to be heard because they constitute harm and violence by spoken word, the state and local government  combined to use violence to stifle political speech.

One of the best and most objective political, government and ethics websites around is City Journal; I really should cite it more often. Today Bob McManus posted an excellent essay which began with this… Continue reading

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Morning Ethics Warm-Up, Charlottesville Aftermath Edition: 8/14/2017

Charlottesville, Virginia.

Good Morning?

1. Just a side note before the serious stuff: WordPress spell-check thinks “Charlottesville” is misspelled. It says the correct spelling is “Chancellorsville.”

And you wonder why I have so many typos…

2. Either one believes in, supports and will fight for freedom of speech, expression and assembly, or one does not. Those who do not also do not genuinely believe in democracy, the Constitution, civil rights or the core principles of the United States of America. This group, which has been slowly—not so slowly, really—taking over the progressive movement and the Democratic Party, and with them that party’s institutional allies, the U.S. education system and journalism, is far, far more dangerous than the alt-right, racist fools who tried to exercise their own rights over the weekend.

At the center of the implicit rejection of the freedom to say, express, demonstrate for and hold whatever wise, creative, idiotic or hateful opinions and ideas a U.S. citizen chooses were the despicable and anti-American comments of Virginia Governor Terry McAuliffe, ( WordPress thinks I should spell his name “Cauliflower”) who told a group of U.S. citizens that they were not welcome in his state, and that there was no place for them in the United States of America—you know, like the German Nazis told the Jews. Pathetically and dispiritingly, knee-jerk defenders of McAuliffe have spun this as mere “opprobrium,” a deflection that we technically refer to as “baloney.” When the leader of a government points to any group and says, “Get out!” based solely on what the group says and believes, that’s totalitarian oppression. It also paints a bullseye on the backs of every member of that group. Continue reading

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Ethics Observations On The Charlottesville Riots

  • Is there a clear, complete, objective account of what happened in Charlottesville? I can’t find one. I have read about “clashes” between protesters and “counter-protesters,” who we are told outnumbered the white nationalist group protesting the removal of General Lee’s statue by about 2-1. What does that mean? Was the white nationalist rally peaceful, regardless of the racist slogans they were hurling? Were the counter-protesters just shouting back, or more physical? I see references to the “fray.” What fray? The key word seems to be that the white nationalists “sparked’ violence by marching. Do we now say that the civil rights marchers in Selma sparked the violence, and not the counter-protest racists. or is the theory that which ever group has the less popular position “sparks” the violence?

My suspicions are that the vagueness of the news media reports is a deliberate effort by the news media to avoid assigning any responsibility to Antifa thugs for the escalation into violence.

  • Obviously the automobile driven into the anti-white nationalist, counter protest crowd was a criminal act. Since this was done by the racists, it became the focus of all news reports, as if this was the only violence.

Was it? Somehow I doubt that.

  • Again, a counter-protest group “incites violence” as much as a protest group. The reaction from the news media and the political pundits appears to ignore the basic fact that Americans have the right to demonstrate and express their support for repugnant ideas as well as ideas most of us approve of. This was settled (I thought) with National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1977).

Apparently not.

  • President Trump’s statement regarding the riot was this:

“We condemn in the strongest possible terms this egregious display of hatred, bigotry and violence, on many sides. On many sides. It’s been going on for a long time in our country. Not Donald Trump, not Barack Obama. This has been going on for a long, long time…We ALL must be united & condemn all that hate stands for. There is no place for this kind of violence in America. Lets come together as one!”

The immediate reaction by the newsmedia was that the statement asserted a false equivalency. CNN’s Chris Cillizza wrote,

“Both sides don’t scream racist and anti-Semitic things at people with whom they disagree. They don’t base a belief system on the superiority of one race over others. They don’t get into fistfights with people who don’t see things their way. They don’t create chaos and leave a trail of injured behind them. Arguing that “both sides do it” deeply misunderstands the hate and intolerance at the core of this “Unite the Right” rally. These people are bigots. They are hate-filled. This is not just a protest where things, unfortunately, got violent. Violence sits at the heart of their warped belief system.”

Both sides do “do it,” however, and when “it” is violence and refusal to allow a group with opposing views make their statements, there is no high ground. The starting point from the left is “the white nationalists are wrong, so they don’t deserve the same rights we do.” Yes, they do, and among those rights is the opportunity to protest whatever they choose without being attacked. “These people are bigots.” So what? They have the right to express their views. “They are hate-filled.” And the counter-protesters were not “hate-filled”? Or was the President supposed to distinguish that as good hate? Continue reading

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Morning Ethics Warm-Up: 7/18/17

It’s an All-Fred Morning!

Every day, Ethics Alarms head scout Fred sends me multiple suggestions for posts from he finds heaven-know-where. Even when I can’t fit them in, they often serve as references and always are enlightening.

1. I suspect this belongs in the Polarized Nation of Assholes files: For two years, since he returned from service combat zones in Iraq and Afghanistan, Lieutenant Commander Joshua Corney, has kept his promise to salute his fallen comrades in arms by playing a recording of Taps every evening before 8:00 p.m on his five-acre property in Glen Rock, Pennsylvania. It takes 57 seconds. It does not exceed volume limits. My dog barks longer that that every night after midnight when we put him out. Nonetheless, some of Corney’s neighbors have filed objections with the  borough. Now Glen Rock, which allows church bells to ring, among other sounds, ordered Corney to limit the playing of taps to Sundays and what it termed “flag holidays.” Each violation of the borough’s order would bring a criminal fine of 300 dollars. But the borough’s enforcement action involves two big constitutional no-nos: the heckler’s veto and content-based censorship. The borough is relying on a nuisance ordinance that prohibits sound that “annoys or disturbs” others, and just one individual annoyed by the somber Civil War era bugle solo is enough to deliver a “heckler’s veto.’

The ACLU is on the case, and backing Corney as he fights the action. It writes,

“If a “heckler” could shut down anyone who said or played something that annoyed or offended them by complaining to government officials, freedom of speech would be no more. For more than 75 years, it has been black letter First Amendment law that the government cannot censor speech simply because it is not universally appreciated.

Moreover, the borough cannot use its vague nuisance ordinance to single out only Lt. Commander Corney’s musical expression for censorship from the range of sounds that are part of the borough’s regular sonic landscape. The borough has not ordered Lt. Commander Corney to lower the volume of taps or claimed he has violated a noise-level ordinance.

And it could not claim such a violation because the recording neither exceeds any established noise levels nor is it as loud as many other sounds the borough tolerates — including many sounds that do not communicate a message, like lawnmowers, leaf blowers, chainsaws, and vehicles. Censoring clearly protected expression, like taps, for being too loud, while allowing louder sounds that carry no constitutionally protected message turns the First Amendment on its head.”

Bingo. It is in cases like these that the American Civil Liberties Union shows how essential its role is in protecting the freedoms here that are so frequently under attack.

2. I was surprised when I learned some time ago that undercover police officers used to routinely have sexual relations with prostitutes before arresting them (homosexuals too, when they werebeing persecuted and  prosecuted). Just two months ago, Michigan became the last state in the U.S. to make it illegal for police officers to have sexual intercourse with prostitutes in the course of an under-cover (or covers) sting. Now Alaska wants to go an additional step, banning “sexual contact” with “sex workers” entirely. This could be mere touching or kissing. Advocates of Alaska’s House Bill 73 and Senate Bill 112 argue that police catching sex workers in the act by engaging with them sexually is a human rights violation, and Amnesty International has made an official statement supporting that claim: “Such conduct is an abuse of authority and in some instances amounts to rape and/or entrapment.” Police, quite logically, point out that the bill would make  successful undercover investigations impossible, which is, of course, the whole idea.

“[The prostitutes] ask one simple question: ‘Touch my breast.’ OK, I’m out of the car. Done. And the case is over,” Anchorage Police Department Deputy Chief Sean Case told the Alaska Dispatch News in a hypothetical example. “If we make that act (of touching) a misdemeanor, we have absolutely no way of getting involved in that type of arrest.”

Ethics Alarms is anti-prostitution. As with recreational drug use and probably polygamy, prostitution, which harms families and the young women and men exploited and abused to support it, is almost certainly on the road to legalization. Government won’t protect vital society ethics norms, but it will order you to buy health insurance because it’s for your own good. Continue reading

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Morning Ethics Warm-Up: 7/13/17

Good Morning!

1. I owe Robin Meade an apology. The astoundingly bright-eyed, bushy-tailed HLN morning host has been used here as an an example of the sexism of broadcast news media producers, and it is true that she is uncommonly attractive even by “news babe” standards. However, I have come to realize that she is also a unique talent, and more than just a pretty face and figure. Meade has natural presence and charisma, projects genuine optimism and and an up-beat nature, and most unusual of all, doesn’t spin the news or tilt her delivery to signal her own opinion. She’s really good at what she does. I’m sorry Robin; I was biased against you because you are attractive, which is just as wrong as being biased for you. You’re a pro, through and through.

2. Constitutional law expert Eugene Volokh (who is also my favorite candidate for a Supreme Court post if one opens up) published what I consider to be a definitive refutation of the claim that receiving opposition research, as in “damaging information about Hillary Clinton,” is a crime under current law. He also makes a case that it couldn’t be criminalized under future law:

“It would raise obvious First Amendment problems: First, noncitizens, and likely even non-permanent-residents, in the United States have broad First Amendment rights. See Bridges v. Wixon, 326 U.S. 135 (1945) (“freedom of speech and of press is accorded aliens residing in this country”); Underwager v. Channel 9 Australia, 69 F.3d 361 (9th Cir. 1995) (“We conclude that the speech protections of the First Amendment at a minimum apply to all persons legally within our borders,” including ones who are not permanent residents).

Second, Americans have the right to receive information even from speakers who are entirely abroad. See Lamont v. Postmaster General, 381 U.S. 301 (1965). Can Americans — whether political candidates or anyone else — really be barred from asking questions of foreigners, just because the answers might be especially important to voters?”

The professor concludes not. I hadn’t even considered the First Amendment issue in determining that the election law prohibition against receiving “anything of value” benefiting a candidate from a foreign nation or individual was not intended to preclude mere information, but Volokh’s argument seems air tight. Continue reading

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Ethics Dunce: The Washington Metropolitan Area Transit Authority [ UPDATED]

[UPDATE: The original version of this post designated the dunces as the D.C. government. This was not accurate, as reader deery helpfully pointed out. You can read about the baroque and diffuse organization and leadership of the D.C. area’s transit system…currently in bad repair and financial distress…here.  Good luck. The text has been revised to reflect the correction in the title. Frankly, the exact organization of the DC. area Metro is less central to the post than the fact wherever the leadership is, it is government, it is dominated by the local Democratic leadership, and it is censorship. That’s what matters.]

Quick, now: what controversial political position does the above Washington, D.C. area  public transit ad promote?

The Washington Metropolitan Area Transit Authority, the transit agency of the local  and state governments in and surrounding the nation’s capital,  has pulled ads for controversial right-wing speaker Milo Yiannopoulos’ self-published memoir after determining the ads violated the transit system’s policies banning issue-oriented, political and other advocacy advertising.

An independent contractor sells and installs ads across the system, but ultimately Metro’s leaders have the final say…providing that they follow the Bill of Rights. This appears to be a problem for them.

The relevant Metro policies  restricting advertising content include:

  • “Advertisements intended to influence members of the public regarding an issue on which there are varying opinions are prohibited”
  • “Advertisements that are intended to influence public policy are prohibited”

There is no argument here about what the banning of the book ad is: the Transit Authority is engaging in censorship.  This is especially obnoxious for an agency that represents the locality that hosts of the national government, and where the Constitution is on display.  It is also ignorant. Read the damn thing, you politically corrupt dolts. And it is arrogant. The District’s population, stuffed with Democrats like no other jurisdiction, with a majority African-American and conservative-loathing populace, figures to revile a right-wing troll like Milo, and the reliably Democratic riders served by the Metro in Northern Virginia and Maryland are hardly more tolerant of hard-right trolls. But Milo’s name and book cover by no stretch of the imagination are advocacy or efforts to “influence” anyone regarding public policy or “an issue.” Like all ads, here’s the position that it advocates: “Buy this!”

Milo Yiannopoulos is an ugly and cynical right-wing provocateur, but he does not forfeit the protection of the First Amendment because of who he is. When did liberals and Democrats lose their comprehension of this basic democratic concept? What ever the origin of their confusion, it makes them untrustworthy, sinister, and almost as revolting as Milo.

He’ll probably sue the Washington Metropolitan Area Transit Authority for infringing his rights, which it has. He will win. Keep it up, Democrats! Keep indulging that inner totalitarian just screaming to get out.

See what happens.

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