Rating Judge Kozinski’s Lies

The Ninth Circuit declined the opportunity to reconsider its controversial (and wrong) decision earlier this year that declared the Stolen Valor Act unconstitutional.  That means that according to the Ninth Circuit, pretending to have won a Purple Heart or a Silver Star is protected speech, and Congress’s law making it a felony to wear such a medal when you haven’t done anything to deserve it is an infringement of free speech. I discussed this issue here.

This post, however, is about some interesting dicta in this week’s decision, courtesy of the Ninth Circuit’s most colorful jurist, Judge Alex Kozinski. The Judge has flip-flopped on this question now twice—he was against the Act, then for it, then against it again.  But this time around, he graced us with some provocative thoughts about why lying isn’t always wrong.  He wrote: Continue reading

Rahm Emanuel, History and Hyperbole Ethics

There are times when obvious exaggeration is nothing worse than politeness, nothing more than an expression of admiration and affection. “You’re the best boss anyone ever had,” is in this category, especially when the boss is retiring or dying. But when one is speaking in public about controversial and historical matters involving well-known public figures, the margin between excusable hyperbole and unethical dishonesty or worse is much smaller. Al Gore learned this when he played loyal Vice-President on the day his President was impeached by vote of the House of Representatives. Gore’s statement that Bill Clinton was “a man I believe will be regarded in the history books as one of our greatest Presidents” was intended as supportive, but interpreted as a toadying endorsement of Clinton’s unsavory and dishonest conduct, impeachable or not. It probably cost Gore the Presidency.

Worse yet was Trent Lott’s clumsy effort to praise the ancient, infirm and mentally failing Sen. Strom Thurmond at his 100th birthday party. Lott said, “I want to say this about my state: When Strom Thurmond ran for president we voted for him. We’re proud of it. And if the rest of the country had followed our lead, we wouldn’t have all these problems over all these years, either.” Thurmond, running on the Dixiecrat ticket, had opposed segregation, and Lott’s comment, less fact than flattery, made him sound like he longed for the days of Jim Crow and “white only”rest rooms. The lessons of these hyperbolic gaffes are similar: if the well-intentioned compliment concerns a public figure in historical context, historical exaggerations either appear to be unjust to history or its important figures, seem to make inappropriate value judgments, or come off as a blatant effort to mislead the public.

Rahm Emanuel hit the Trifecta with his fawning farewell to President Obama, as he left the White House to run for Mayor of Chicago. Obama, he said, is “the toughest leader any country could ask for, in the toughest times any president has ever faced.”

Wow. Continue reading