The Legal Rape, and the Limits of Cultural Tolerance and Religious Freedom

Sometimes conduct is just wrong, and a culture should be able to reject and condemn it confidently without engaging in navel-gazing over cultural tolerance and diversity. The position, unfortunately popular, that all cultural determinations of right and wrong are equally valid is both lazy and insidious, though it has wormed its way into the minds of some who would cal themselves “progressive,” but who are more appropriately called “confused.”

In this category is a New Jersey Court judge, who refused to find a Muslim defendant guilty of sexual assault despite undisputed evidence that he raped his wife multiple times, (immediately prior to their divorce), saying at one point,

“You are my wife, I can do anything to you. The woman, she should submit and do anything I ask her to do.” Continue reading

Dr. Laura Schlesinger, Ethics Chicken

Dr. Laura Schlesinger turned tail and ran last night, telling CNN host Larry King that she was quitting her radio show in response to the manufactured controversy following her repeated use of the word “nigger” to quote (with complete accuracy) what could be heard from black comics on HBO. “I want to be able to say what’s on my mind and in my heart and what I think is helpful and useful without somebody getting angry, some special interest group deciding this is the time to silence a voice of dissent and attack affiliates, attack sponsors.” she told Larry. “I’m sort of done with that.” Continue reading

Free Speech or Theft? The Law and Ethics of Stolen Valor

The U.S. District Court in Colorado ruling in the case of  US v. Strandloff, has found the “Stolen Valor Act,” 18 U.S.C. § 704(b) & (d), to be an unconstitutional infringement of free speech.  Rick Strandloff represented himself as a wounded decorated Iraq War veteran in order to rally support for veterans and opposition to the war. The original Stolen Valor Act of 2005 criminalized the wearing of military medals an individual was never awarded; later, it was expanded to included the crime of falsely saying or writing that one has been given military honors for valor. The Act says, in part, that it is a crime to…

…falsely represent [oneself], verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item …

Deciding an issue like this inevitably comes down to both law and ethics. Not all speech is protected by the First Amendment, and deciding how many kinds of speech we can sensibly and reasonably prohibit requires a court and a culture to think about just how bad—how wrong–certain kinds of speech may be, based on their actual and potential harm. Continue reading

Ethical Standards, Not Laws or Regulations, Must Enforce Broadcast Civility

A federal appeals court just struck down controversial the Federal Communications Commission policy on indecency, ruling that regulations barring the use of “fleeting expletives” on radio and TV were too vague and could inhibit free speech….even if that free speech was smutty.

Good. Continue reading

Nefredo v. Montgomery County: Ethical Treatment for Fortune-tellers

Or should that be “ethical treatment for charlatans”?

In the case of Nefredo v. Montgomery County, the Maryland Court of Appeals ruled that it was an infringement of the Right of Free Speech for the Montgomery County, Md., to deny a business license to a fortune-teller on the basis of a County ordinance that declared charging a fee for fortune-telling services was a crime. The ordinance states:

“Every person who shall demand or accept any remuneration or gratuity for forecasting or foretelling or for
pretending to forecast or foretell the future by cards, palm reading or any other scheme, practice or device shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code; and in any warrant for a violation of the above provisions, it shall be sufficient to allege that the defendant forecast or foretold or pretended to forecast or foretell the future by a certain scheme, practice or device
without setting forth the particular scheme, practice or device employed…” Continue reading

Chicken Suit Ethics

Ahh—perhaps this is how we lose our freedoms: absurdity. It’s damn hard to get indignant when you’re laughing.

Nevada has banned the wearing of chicken suits at polling places, a clear infringement of political speech. Republicans were alarmed because the front-runner in their June primary to decide who will challenge the vulnerable Harry Reid for the U.S. Senate, Sue Lowden, inspired a wave of giant chicken sightings after she opined that perhaps citizens should be able to barter for medical care, paying doctors, for example, with chickens. Now wags in chicken suits are clogging her rallies to mock her, and Democrats have launched a “Chickens for Check-ups” website. Continue reading

“Everybody Draw Muhammad Day” Ethics

The “Everybody Draw Muhammad Day” mess is a wonderful example of how ethics train wrecks begin to engulf anyone who get near them. It also an example of an idea that is clever, funny, well-intentioned, and wrong. Continue reading

Crash the Tea Party Today, Teach America’s Youth Tomorrow?

Jason Levin is a media lab technology teacher at the Conestoga Middle School in Beaverton, Oregon, and for all I know, a good one. Jason Levin is also a passionate political activist whose sense of fair politics is a little bit skewed: he has gained notoriety through his plan, detailed on his website http://www.crashtheteaparty.org, to discredit and undermine the political movement through a series of unethical tactics, such as infiltrating rallies and shouting racist and homophobic slogans, seeking out reporters and making wild claims posing as Tea Party advocates, holding mis-spelled signs, and dressing in Nazi uniforms.

Needless to say (I hope), Levin’s idea of political warfare is unethical in every way. Misleading the public and media about a party or group rather than contesting its positions on the merits is dishonest and a disgrace to the democratic system. Continue reading

The Westboro Baptist Church and Free Speech: When Cruel and Unfair Can Still Be Right

The United States, as currently constituted, is a utilitarian nation. We embrace the inherent virtue of certain “natural” rights, and tolerate the frequent harm that some citizens commit while exercising the rights that all of us cherish. I think that is the correct philosophy, but it requires us to grit our teeth and re-read the Bill of Rights when the formula produces a nauseating result that is nonetheless right in our democratic culture. It was right to let the Nazis march in Skokie. It was right to let the Klan hold their non-violent, white supremacy demonstrations. And it was right for the court to make Albert Snyder pay the court costs when he lost his lawsuit against a hate group that disrupted his son’s funeral. No, it wasn’t fair, or kind, or empathetic. It was only right. Continue reading