First Amendment

Surely There Is A Gay John Adams In Oregon Who Will Fight The State’s Outrageous Persecution Of The Kleins…Isn’t There?

/ Jack Marshall / 27 Comments
Come on, John, I know you're out there....

Come on, John, I know you’re out there….

Even if one believes that the refusal of  Sweet Cakes  to make a wedding cake for a gay couple was a dubious exercise of religion as well as a mean and petty one, the astounding punishment levied on the now defunct bakery’s owners must be condemned as an abuse of power.

Having already lost their bakery business due to mob action online by Gay Marriage Advocate Furies, Aaron and Melissa Klein were walloped by former Oregon Labor Commissioner Brad Avakian with a $135,000 judgment  for “emotional damages” to the couple. He also issued a gag order on the ex-bakers that forbids the Kleins from explaining to potential customers of Sweet Cakes their anti- same-sex wedding policies.

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UPDATE (7/9): This is, I have learned, an overly simplistic description. Ken at Popehat explains what’s really going on as far as the “gagging” goes.

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Of course—I guess I can’t really say “of course” if such a travesty can occur—no state can order anyone not to talk about anything in such a situation. The unconstitutional gag order is essentially moot, since to violate it the Kleins would have to still own a bakery and they do not, but it still acts to intimidate others and chill freedom of speech. It must be challenged and overturned. The fine is also unconscionable, and effectively makes villains out of the originally aggrieved couple if they don’t immediately agree to waive it. There is a duty in law to mitigate damages: the couple could and did minimize the harm of their cake request’s rejection by obtaining a wedding cake elsewhere. The Kleins didn’t stop them from getting married, and any harm that came to them from the publicity of their humiliation by the bakery was exacerbated by the couple’s own actions, not the Kleins’. $135,000? That’s beyond punitive. That’s vengeance. Continue reading →

The Great “Gotcha!”: Walmart Exposed As The Cynical Corporate Hypocrite It Is

/ Jack Marshall / 20 Comments

ISIS-Cake

I don’t generally approve of “gotchas,” but you have to love this.

After Walmart’s CEO piously announced that his chain aims to never offend a single customer and was thus banning everything with a Confederate flag in it, on it, or around it, Chuck Netzhammer went to a Walmart in Louisiana and requested a cake decorated with the taboo flag’s image. He was refused. Then he asked to have a cake decorated with the ISIS battle flag. Walmart happily obliged! After all, who’s offended by ISIS?

Netzhammer then posted a video memorializing Walmart’s hypocrisy, saying on it that the Islamic State “is beheading Christians, selling little girls into slavery and is currently a terrorist org at war with the United States — but you can’t buy the General Lee toy car …?”

Yup, that’s about the size of it. Continue reading →

Unethical Quote Of The Month: Walmart CEO Doug McMillon

/ Jack Marshall / 50 Comments

White-Flag“We don’t want any of the merchandise that we sell to be offensive”

—-Walmart CEO Doug McMillon, explaining to FOX Business Network host Maria Bartiromo why the retail chain was pulling all Confederate flag-themed merchandise. In another interview, with CNN Money, McMillon said that “We just don’t want to sell products that make anyone uncomfortable.” The Walmart announcement tarted a stampede of many large retailers to dump the flags and items with the flag design.

And thus did the CEO of a major U.S. corporation wholeheartedly endorse the speech- and thought-suppressing ideology of political correctness bullies, “hate speech” censors, and progressive fascists.

This widespread capitulation to a wildly irrational reaction to a single tragedy authored by a single individual is, for Democrats and race-baiters, a masterpiece of cognitive dissonance manipulation, one that should be a terrific case study in future psychology classes.

Because Dylann Roof was photographed with a Confederate flag, and because his racist church massacre occurred in a state that has obnoxiously and irresponsibly insisted on flying that flag despite its legitimately offensive connotations to many of its citizens, the flag was linked to the murders so viscerally that to defend its display was regarded by the news media, pundits, bloggers and, consequently, public opinion, as tantamount to supporting the killer. Naturally, politicians and businesses ran for cover, and whatever their previous stances on the issue, instantly flip-flopped to declare the Confederate flags the equivalent of Nazi swastikas.

Well-played, speech police. I am in awe. Continue reading →

KABOOM! The Fascist School Superintendent Who Is Training Children To Think Like Senator Sheldon Whitehouse

/ Jack Marshall / 29 Comments
Bad one. Been building for a while.

Bad one. Been building for a while.

Explain to me why this story isn’t national news, while a principal pulling a valedictorian off the graduation program when he insisted on making graduation a vehicle for his coming out as gay—to his parents—is. Never mind. We both know know. Journalists see discrimination and homophobia even where it isn’t, but fascism increasingly bothers them less and less.

That’s because, I fear, they are Democrats. I will return to this surprising and alarming theme in a moment.

At Northwest Mississippi Community College, where the graduation ceremony for Senatobia High was held,  the superintendent asked the crowd not to scream or cheer and to hold their applause until the end. As always happens—always, always,always––a few relatives couldn’t contain themselves. Four guests shouted various felicities and exhortation to their graduates out of turn

They are strict in Mississippi: all four were kicked out of the event.

But that’s not all. They are really strict in Mississippi: Senatobia Municipal School District Superintendent Jay Foster filed ‘disturbing the peace’ charges against the people who yelled at graduation, and police  issued warrants for their arrests with a possible $500 bond.

KABOOM!

Well, my head’s been threatening to explode for quite a while now*, and this finally did it, big time. Congratulations Jay Foster, you foolish, unethical, unkind, tin-god fascist. You did it.

Foster refused to be interviewed on camera, but told the media that he’s determined to have order at graduation ceremonies. I recommend snipers, Jay. Or maybe duct tape. This fascist idiot is responsible for educating children! Does he realize he’s educating them to be…Democratic Senators? Continue reading →

Incompetent Elected Officials Of The Month: The Connecticut State Senate

/ Jack Marshall / 27 Comments

The Connecticut Senate this week approved a probably unconstitutional bill requiring all Connecticut colleges and universities to adopt the “yes, means yes” policy when it comes to sexual consent, similar to California’s cypto-fascist law. The bill dictates a completely unenforceable standard for sexual consent It was bi-partisan fascism, and passed 34-1. Sen. Joe Markley, R-Southington, was the lone vote against it.

According to the bill’s champion, Sen. Mae Flexer, D-Killingly,  it is “is redefining the definition of consent.” She explains that under the law, college students would be required to “say yes” or indicate nonverbally through “physical cues” that they are willing to have sex with another college student. And what “physical cues” would qualify? How about eye contact, and the kind of communications that we celebrate in the arts and literature? What about the “look of love” that Dusty Springfield sang about? Enough, Mae? How would schools enforce such a law? Cameras in every room? A panel of “physical cues” experts, watching every possible sexual encounter? Continue reading →

“Piss Christ” and Garland

/ Jack Marshall / 68 Comments

Piss-Christ

Ethics Alarms participant Other Bill raised “Piss Christ” on the comment thread to my post about the Garland, Texas attack, progressives’ and news media’s “hate speech isn’t free speech” confusion, and Geller’s supporters’ “gratuitously uncivil speech is laudable” delusion. He posted a column by George Parry, published under the heading “Think Tank” on a Philadelphia site. I’m grateful to Bill for raising the column, which he neither endorsed nor criticized. Titled Double Standard on Offending Christians and Muslims, Parry’s argument was…

  • “Christians objected to “Piss Christ” and the feces-covered Holy Virgin. And they rightfully wondered why their tax dollars had been used to promote these blasphemies. But their objections and questions were condescendingly dismissed by the secular left in the media and intelligentsia. …
  • “As if in one voice, the mainstream media and self-anointed intelligentsia argued that antiquated religious sensitivities must not be allowed to interfere with either an artist’s free expression or his right to government funding regardless of how offensive his work may be to Christians….”
  • “In Garland, Texas, on Sunday, two radical Muslims died trying to replicate the Charlie Hebdo massacre by mounting an armed attack on a “draw Mohammed” cartoon contest. We are not talking about drawings of Mohammed dunked in urine or smeared with animal dung. No, the gunmen apparently deemed the mere drawing of Mohammed to be an offense punishable by death…The overall media consensus has been to blame the intended murder victims for recklessly provoking the terrorists. Such provocation, we are told, is unacceptable and irresponsible behavior given the risk of retaliation by offended radical Muslims…”
  • “Better to question the wisdom of cartoonists exercising their rights than to acknowledge and vigorously confront and expose the elephant in the room, i.e., that there is a disturbingly large number of radical Muslims in this country who oppose our Constitution and who believe that murder is an appropriate sanction for those who offend Islam….”
  • “All of which leads to this question: Given their pusillanimous double standard, why should any reasonable or serious person believe, respect, or credit the self-serving mainstream media?”

That’s not the question. First of all, there is already no reason to believe, respect, or credit the mainstream media. Second, while Parry is correct that the analysis of the issues in the Garland attack have been largely incompetent and tainted by media dislike of Geller and journalism’s own cowardice (most news outlets were afraid to show the Charlie Hebdo cartoons, even though they were essential to reporting on the Paris massacre), his analogy with “Piss Christ” is no better.

The questions are… Continue reading →

The Garland, Texas Shooting, Free Speech and Ethics

/ Jack Marshall / 29 Comments
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

/ Jack Marshall / 22 Comments

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 →

Ethics Dunce: GoFundMe

/ Jack Marshall / 31 Comments

“DESTROY THE EVIL CAKE DISCRIMINATORS!!!!”

If GoFundMe isn’t going to have the integrity to avoid taking sides in complex political and cultural disputes, it is functionally useless.

Perhaps it should change its title to “GoFundMyPoliticallyCorrectCause.”

Pusillanimous GoFundMe caved in to pressure from vindictive gay marriage activists and pulled the crowdfunding campaign on the site that had raised more than $109,000 for the Christian-owned bakery,  Sweet Cakes by Melissa.

The cake shop in Gresham, Oregon, became ground zero for the same-sex marriage debate  in January 2013, when it turned away customers who wanted cakes for a same-sex wedding. The spurned couple filed a complaint to the Oregon Bureau of Labor and Industries, claiming their civil rights under the Oregon Equality Act had been infringed. In defense, the owners of the business stated that they  refused to cater  the wedding because of their religious beliefs, and thus their decision was protected by the U.S. Constitution. They subsequently closed the shop, and carried out their business from home. The Oregon Bureau of Labor and Industries proposed a damages award Friday of $135,000 against Aaron and Melissa Klein, the owners, for being in violation of the state’s anti-discrimination law. The award, which is not final, would provide $60,000 in damages to Laurel Bowman-Cryer and $75,000 in damages to Rachel Bowman-Cryer for “emotional suffering stemming directly from unlawful discrimination.”

After taking down the page raising money for the bakery in the belief that they have been unfairly targeted, victimized and mistreated, GoFundMe said in a statement that the campaign violated the site’s policy against raising money “in defense of formal charges of heinous crimes, including violent, hateful, or sexual acts.”

Continue reading →

Unethical Quote Of The Week: Cartoonist Garry Trudeau

/ Jack Marshall / 14 Comments
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 →