First Amendment

Ethics Dunce: Stockton University (NJ), And Anyone Else Who Thinks A Photograph Of The President Of The United States Constitutes “Taunting”

/ Jack Marshall / 17 Comments

“OH NO! TAKE IT AWAY! IT’S EVIL!!! EVIL!!!

I am about to conclude that schools and universities keep attempting to unconstitutionally smother students’ freedom of speech and expression because they think eventually the culture will just give in and let them enforce viewpoint conformity.

In the alternative, the people who run these institutions are just dumb as a box of nutcrackers.

Let’s take Stockton College in New Jersey, for example.

Doctoral student Robert  Dailyda used a photo of the President of the United States as his Zoom background during a July 1 virtual class. Some students complained, and he administration wrote in an incident report that the photo caused students “to feel offended, disrespected, and taunted.” Such students should have been told, in no uncertain terms, “Donald Trump is President of the United States, and the elected leader of the government of the nation in which you live. If his picture makes you feel offended, disrespected, and taunted, feel free to visit the campus mental health facilities. In the alternative, grow the hell up.”

Instead, ten days later and being Summa Cum Ethics Dunces, Stockton’s administrators called the student in “on the carpet”  to justify his political views, claiming that students were offended by the Zoom background of the Evil POTUS, Dailyda’s comments in the subsequent GroupMe chat in which he was attacked by other students in the class, and his subsequent Facebook post defending his rights to express his opinion. The university claimed that students also found that post “offensive, threatening, and concerning.”

The “offensive, threatening, and concerning” post read, Continue reading →

More Speech Suppression And Intimidation On The Campus: The Juniata Affair

/ Jack Marshall / 14 Comments

The “Concerned Juniatian” was a student named Colin Daly. This was the very end of a much longer screed (You can read the whole, very long letter here) that the Juniatia College student sent to his campus community anonymously. Juniata is a small Pennsylvania liberal arts college affiliated with the Church of the Brethren, a Christian denomination. It is also apparently devoid of respect for such values as free speech, individuality, and dissent.

Daly, a senior, wrote the email without including his name but accidentally “left identifying information on the system he used to distribute his post to all of Juniata’s email accounts,” according to PennLive.

Before it identified Daly as the author, the college’s President James Troha wrote in a statement that the email contained “slurs, hateful language, and intimations of violence directed at members of our community on the basis of their identity.” There is no threat of any kind in the letter, and the “slurs” are words referred to as slurs, not used as slurs. Here’s the section of the letter I assume Troha is referring to:

I’d like to see Daly sue Troha for libel; I think he’d have a strong case.

The next day, after it was determined that Daly was the author, the college released a new statement. claiming that “law enforcement agencies are continuing their own investigations of the matter,” and suggesting that the letter’s author student may have broken state and federal laws.

That’s some education students at Juniata are getting. Continue reading →

Censorship “For The Greater Good” Loses A Round In Massachusetts

/ Jack Marshall / 3 Comments

Good.

In a unanimous ruling, the Supreme Judicial Court in Massachusetts (that’s like the state Supreme Court in a normal state) held that free speech rights were wrongly infringed upon by a lower court’s non-disparagement order forbidding the husband or wife from posting about their divorce on Facebook and other social media sites until their child turned 14. The child at issue was a toddler when the ruling was handed down.

It is disturbing to me that judges lack sufficiently Americanized ethics alarms to squelch the temptation to issue rulings like the one overturned.  Sure, kids are harmed by their parents saying terrible things about each other, but there is nothing special about such communications on social  media. Parents harm their kids by screaming at each other in the kitchen. That’s life.

“We conclude that the nondisparagement orders at issue here operate as an impermissible prior restraint on speech,” the Supreme Judicial Court ruled. Though the  judge “put careful thought into his orders in an effort to protect a child caught in the middle of a legal dispute who was unable to advocate for himself… there was no showing of an exceptional circumstance that would justify the imposition of a prior restraint, the nondisparagement orders issued here are unconstitutional.”

 Two Norfolk Probate and Family Court judges issued the original bans when the ugly divorce between Ronnie Shak and his former wife, Masha  Shak, who shared one son born in 2017, spread to social media.
 Continue reading →

The Knight-Gallup Freedom Of Speech Survey

/ Jack Marshall / 12 Comments

A survey just released by the Knight Foundation and Gallup shows that More than 75% of the college students surveyed want “safe spaces” on  campuses that are free of “threatening actions, ideas, or conversations.” However, a majority of the same students support President Trump’s threat to withhold taxpayer dollars from universities that restrict speech.

Though 97% of college students believe that free speech is “an essential pillar of American democracy”, a  majority of students support policies to restrict of speech on campus. 78% of students support “safe spaces” where threatening ideas and conversations would be barred. 80%  favor the establishment of a “free-speech zone” where pre-approved protests and the distribution of literature are permitted. Continue reading →

“1,825 Words You Can Never Say On Facebook”

/ Jack Marshall / 45 Comments

This is ominous: it’s the second time this month that I’ve had good reason to quote George. Did the Democrats already take over?

In 1972, the late George Carlin debuted his famous routine called “ “The Seven Words You Can Never Say on Television.” The words were: shit, piss, fuck, cunt, cocksucker, motherfucker, and tits, all of which you can hear on television today. (Who says life doesn’t keep getting better? ) But George would be fine: I have it on good authority that in Stand-Up Heaven, where Henny Youngman has St. Peter’s job, George is knocking celestial audiences dead (metaphorically, of course,) with his new monologue, “1,825 Words You Can Never Say On Facebook.”

It’s hilarious, if a little long.

The Foundation For Individual Rights In Education has released a report based on its investigation of how public universities—that’s the government, remember—engage in surreptitious censorship of student expression.  Censorship of student expression is illegal, but The FIRE exists because so many universities find that concept too complex to grasp.

Implicated in the results: Facebook, which provides  the tools for censorship, including its automated content filters. These allow state institutions to automatically “hide” users’ comments if they contain words included on Facebook’s undisclosed list of offensive words, or a government entity’s customized list of prohibited words. The filters allow  public universities to quietly remove critical Facebook posts, restricting open campus and public discourse.

The  FIRE surveyed over 200 public universities and colleges across 47 states and the District of Columbia. It found that fully half of the surveyed institutions  use Facebook’s “strong” profanity filter, while nearly a third use the “medium” filter. That means  about 77% of surveyed institutions use an undiclosed  blacklist of prohibited words. Nearly a third of the universities surveyed (59, or 30.3%) created a custom blacklist, collectively censoring 1,825  words and phrases in order to, among other unconstitutional objectives, “block animal rights activists’ criticism of food vendors,” suppress “debate over the fate of  a campus Confederate monument,” and stifle debate over controversial faculty, politicians, and sports teams.

Public universities can and do manipulate Facebook comments to distort the  public discourse. Wright State University, FIRE tells us, deleted comments supporting a faculty strike from its Facebook page,  confining debate over the action to a rigged community forum that appeared supportive of the university’s administration while being critical of striking faculty.

Yup, that’s how fascism works!

 Facebook doesn’t alert a user when their post has been removed, or tell the public that comments have been censored, so this system is perfect for mind and opinion molding. FIRE says,

These automated methods of censorship are not only contrary to a commitment to freedom of expression, but also provide government actors with tools that—in light of recent federal court rulings concerning President Trump’s Twitter feed—violate the government actors’ legal obligations under the First Amendment.

Below are the words that Facebook helps universities control speech and thought by censoring. Some will be relieved to know that “retard” is on it. Then again, so is “poor”…

Everything About This Story Is Discouraging: The Carrollton Video [Corrected]

/ Jack Marshall / 91 Comments

Chapter I: In Georgia, two Carrollton High School  seniors made a truly cretinous video. Filmed in a bathroom, the male and female students students pretend to be doing a   cooking show as they pour cups of water into the sink.

Showing their faces in the mirror, she announces, “Hey, today we’re making…”as the  camera aims at the sink where there’s a piece of notebook paper with “niggers” written on it. The male student intones the word. The male student lifts cups of water and pours each one into the sink, over the paper. Under each cup is a piece of paper with the name of an “ingredient” written on it, which the young woman reads.

“First we have ‘black,'” she says. He then pours the cup of water into the sink over the paper with the slur. “Next we have, ‘Don’t have a dad!'” Other ingredients include “eating watermelon and fried chicken” and “rob people.”

“Specifically whites,” guy adds as he refills the “robs people” cup over and over using the sink tap.  One cup labeled “make good choices” is empty. The couple  feign surprise over the cup having nothing in it.

Once their opus was complete, the couple was so proud that they posted it online.

Why this is discouraging: In what alternate universe would anyone from the age of seven up think something like that would be acceptable to publicize? What kind of polluted culture is being fostered in Carollton? What are they teaching in the schools?

Even passing on that, how could anyone be so stupid as to think posting an overly racist video wouldn’t have serious consequences? Again, who is teaching critical thinking in that community? What have the parents been doing for 17 years, getting stoned? Continue reading →

No, The President Isn’t A Dictator, But Given The Opportunity, These Elected Officials Might Be

/ Jack Marshall / 39 Comments

There are many ironies and contradictions in the various government reactions to the Wuhan virus, some quite yummy, like the municipalities that had banned plastic bags that are now forced to ban the re-usable kind, and demand the use of the plastic once again. Some day, when this is all over, we can sit around and laugh about it all.

This development, however, is not funny: a frightening number of governors, mayors and police officers have demonstrated how much of our democracy is currently entrusted to nascent totalitarians. I know, I know: to protect the public in a unique crisis, extraordinary measures must be taken, and because so many in our democracy don’t really possess the intelligence and sense of social responsibility that the Founders, in their idealistic fervor, decided to pretend they had (much less the common sense of the average meerkat), sometimes those measures must be accompanied by the force of law. However, because it is a democracy and one that begins with wariness of governments infringing on personal liberties, and will end with our governments being supported when they decided those liberties can be ignored on a whim and a hunch, the recent gusto with which elected officials and their police forces have felt justified in crushing those liberties are warnings that responsible citizens must not let go unpunished. I wrote about one example here, regarding Vermont’s governor’s move to stop the big box stores from selling items Maple Syrup big Brother considers “non-essential.” There are more.

Ethics Alarms already covered the father taken away in handcuffs for playing T-ball on on otherwise empty field with his wife and 6-year-old child, but the Philadephia police pulling  people off  buses for not wearing masks, or the aspiring fascist officer  who tried to  chase down single jogger on an empty beach initially escaped my attention. There are so many examples, you see. Continue reading →

KABOOM! How Does Someone This Ignorant Of The Law Rise To This Level Of Law Enforcement?

/ Jack Marshall / 20 Comments

Oh, fine. I get up, still groggy, from a perfectly lovely nap, my defenses are down, I’m still savoring that dream where Mookie Betts, Chester A. Arthur and Danny Kaye drop by with some macaroons, and what is the first thing I read?

This–and

KA-BOOM!

There goes my head, all over my office and this transcript I have to read in ten minute increments because it’s so boring. Oh, thank you, thank you so much, City of Seattle and your  ridiculous Chief of Police, Carmen Best! Continue reading →

From The Trump Campaign, Not Quite A Frivolous Lawsuit, But An Unethical One

/ Jack Marshall / Leave a comment

Is it possible that my ol’ friend Walt is working for the Trump campaign now? Nah, can’t be. But the logic behind the Trump campaign’s defamation lawsuit against CNN has a familiar ring: like the protracted  defamation suit against me by an aggrieved (and banned) Ethics Alarms commenter, the Trump campaign is claiming that opinion in the news media constitutes defamation, and it does not, must not and cannot. Writes Professor Turley in part: Continue reading →

Noonish Ethics Round-Up, 2/19/2020: That Other Day That Will Live In Infamy…

/ Jack Marshall / 16 Comments

Hi!

1. On this day in 1942, President Franklin D. Roosevelt signed Executive Order 9066, empowering the Army to issue orders emptying parts of California, Oregon, Washington and Arizona of immigrants from Japan, who were precluded from U.S. citizenship by law, and nisei, their children, who were U.S. citizens by birth. After the order, which was upheld by the U.S. Supreme Court including future liberal icon William O. Douglas, the Japanese-Americans  were first warehoused at “assembly centers,” which could be racetrack barns or on fairgrounds, then shipped to ten detendtion camps in Western states and Arkansas. Armed guards and barbed wire, plus morning roll call were part of the degrading and punitive experience.

It is fair to say this treatment was substantially rooted in racism, for there was no mass incarceration of U.S. residents with ties to Germany or Italy. Once the U.S. appeared to be on the way to victory along with its Allies in December 1944, the Executive Order was  rescinded. By then the Army was enlisting Japanese American soldiers to fight in Africa and Europe. President Harry Truman told the all Japanese-America 442nd Regimental Combat Team: “You fought not only the enemy, but you fought prejudice—and you have won.”

California is now preparing to formally apologize to the families of those interned.State Assemblyman Al Muratsuchi (D-Torrance) introduced a resolution that will formally apologize for California’s “failure to support and defend the civil rights” of Japanese Americans during that period,” and it is expected to pass today.

It’s naked grandstanding and virtue signaling, of course. The federal government apologized for the unconstitutional imprisonment and granted financial redress to survivors with the Civil Liberties Act of 1988, and the Supreme Court overruled its decision  upholding internment in 2018. Continue reading →