free speech

Integrity Test For The Left

/ Jack Marshall / 34 Comments

So...how many progressives and Democrats agree with Voltaire? I wonder.

It should be obvious by now that the furious indignation leveled at Rush Limbaugh for his denigrating rhetoric against activist Sandra Fluke has been expropriated by those who want to limit free speech to their own standards of what constitutes acceptable discourse….and opinion. This has made itself evident both by the strained efforts of eager Limbaugh boycotters to distinguish his use of misogynistic words and the same or worse language used by friendly boors and misogynists against conservative targets. There is a distinction: Rush was engaging in illogical below-the-belt bullying of a barely-public figure for the offense of disagreeing with him, while Bill Maher, for example, was just showing his contempt and disrespect for women generally, which is what anyone who uses the terms “twat” and “cunt,” as he did, is doing. The argument that this ethical divide is so great that it justifies boycotts on one side and complete apathy—or even appreciation!—on the other is unsustainable, which is why Limbaugh’s statement that the organized campaign to take him off the air is not based on the Fluke affair at all. “They’re not even really offended by what happened,” he said. “This is just an opportunity to execute a plan they’ve had in their drawer since 2009.” Continue reading →

Art Jones: Future Incompetent Elected Official of the Month?

/ Jack Marshall / 2 Comments

Let’s hope not.

Art Jones, running in the Republican primary to challenge Democrat Dan Lipinski in Illinois’ 3rd Congressional District, is a former member of the American Nazi Party, who, true to his breed, denies that the Holocaust occurred. Jones explains,

“As far as I’m concerned, the Holocaust is nothing more than an international extortion racket by the Jews. It’s the blackest lie in history. Millions of dollars are being made by Jews telling this tale of woe and misfortune in books, movies, plays and TV. The more survivors, the more lies that are told.”

The sunny side of this human cloud is that in America, even vile, hateful and ignorant citizens like Jones can express their views and run for office.

The scary side is that some of them get elected.

Albert Pujols, Stan the Man, and the Shameless Jeremy Lin Censors

/ Jack Marshall / 12 Comments

THIS is "El Hombre." Stan's Polish, by the way. Do you care? Does the Asian American Journalists Association?

If you don’t know who Albert Pujols is, you should: he’s probably the best hitter in baseball, a slugging first baseman whose career so far has already guaranteed him a spot in baseball’s Hall of Fame. Over the winter he left his original team and the city that worshiped him, St. Louis and its Cardinals, because, though the team he professed to “owe everything” offered him a deal that would guarantee that his great-grand children could be beach bums all their lives, a team in Southern California, the Angels, offered him even more, so he can light his cigars with C-notes and pave his driveway with gold.. I think elevating money over every other value to that extent is an unethical and culturally corrupting choice, and said so at the time.

Now Albert has re-endeared himself to me  by publicly objecting to the Angels’ pre-season promotional campaign calling him “El Hombre.” “What?” you say. “I thought you have been condemning political correctness in the discussion of athletes with ethnic identities! Don’t you think it’s ridiculous for Pujols, who is of Hispanic descent, to object to a nickname that plays on his heritage?” Indeed I have been condemning such political correctness and over-sentivity, and still do. But that isn’t why Albert is objecting.

Back in St. Louis, you see, they also tried to call Pujols “El Hombre,” in a deliberate evocation of the city’s most famous and celebrated slugger, the great Stan “The Man” Musial, one of the best and most admirable players in baseball history. Pujols put a stop to it. There was only one player in the city who could carry the title “The Man”, he said, and that was Musial, who is alive and in his 90’s. Just saying “the Man” in a different language didn’t change the fact that the honor was Musial’s, and shouldn’t be taken  away. Stan Musial was and is “the Man;” Pujols respected that, and defended it Continue reading →

Ethics Quote of the Week: Chris Matthews

/ Jack Marshall / Leave a comment

“Loyalty is the heart of Pat’s being. He is loyal to country, to church, to neighborhood to heritage. To Pat, the world can never be better than the one he grew up in as a young boy. Blessed Sacrament Church and Grade School, Gonzaga High School, Georgetown University. No country will ever be better than the United States of America of the early 1950s. It’s his deep loyalty to preserving that reality and all its cultural and ethnic aspects that has been his primal purpose and is what has gotten him into trouble. Not just now but over the years.”

—MSNBC talking head Chris Matthews, in his wistful on-air tribute to Pat Buchanan, who was fired from his long-time role as the left-wing network’s token hard-right conservative.

"Pat, I may disagree with what you say, but I will defend to the death your right to say it...on some other network."

Matthews’ quote helps explain why loyalty is the most corrupting of the ethical virtues. Loyalty is important and admirable, but when it is divorced from the other values, it can lead to rigidity, stubbornness, and corruption. When a person, organization or cause no longer embodies the qualities that justified the loyalty in the first place, loyalty can undermine ethical conduct as strongly as any vice.

The right is attempting to frame Buchanan’s dismissal as part of a conspiracy to silence conservative voices. I never understood why Pat was on MSNBC anyway, unless it was to have a particularly Jurassic conservative around to make MSNBC’s extreme liberal bias look reasonable by comparison. It was Buchanan’s latest book, “Suicide of a Superpower: Will America Survive 2025?,” that finally triggered his ouster. I haven’t read it, but I’ve heard Buchanan on this topic sufficiently already. He may not be a racist, xenophobe, homophobe and anti-Semite, but his confusion of the need to hold on to American cultural values, with which I agree, with the need to keep America as white, Christian, heterosexual and Anglo-Saxon as possible is hard to distinguish from racism, homophobia, xenophobia and anti-Semitism. If I were running a news network, I wouldn’t employ him. Continue reading →

Occupy Brain Pans

/ Jack Marshall / 4 Comments

Allow me to translate: "Duh!"

The latest, dumbest and most telling of the endless Occupy group protests occurs today, as 111 Occupy Wall Street spin-offs across the country engage in “Occupy the Courts,” a protest to mark two years since the 2010 landmark U.S. Supreme Court decision in Citizens United v. Federal Election Commission, which held that the government cannot ban organizational spending on political campaigns. Move to Amend, the group that is sponsoring the protests, says that the goal is to build support for a constitutional amendment that would abolish corporate constitutional rights, such as the right to free speech, and declaring that political campaign spending is not a form of speech protected by the First Amendment.

If I were optimistic and naive, I would assume that this nonsense would finally shame the imprudent members of the media, Democratic Party and Obama administration who cynically hitched their wagons to the Occupy Wall Street anvil, hoping that eventually the groups would do or say something that justified all the attention and expense lavished on them. Instead, the Occupy movement has featured rapes, robberies, beatings, riots, obscenity, anti-Semites, homeless hangers-on, demonstrators defecating on cars, a woman placing her baby on railroad tracks, another child being abandoned to shiver in a tent, a pseudo-bomb being thrown at the White House, a demonstrator shooting a rifle at the White House, violated permits, squalor, disease and rats….all while the news media showed its stripes by maintaining with a straight face that this display was no different or worse than the comparatively dignified, focused and streamlined Tea Party demonstrations. Nonetheless, the facilitators of this embarrassment in the annals of civil protest seem determined to keep the faith until it blows up into a genuine tragedy or slinks away. If Occupy the Courts won’t convince the pols and journalists that they made an epic mistake, nothing will. But at least it settles the matter. These people have no idea, none, what they are doing. Continue reading →

The “Your Right To Engage in Ignorant and Dangerous Speech Doesn’t Mean It Isn’t Unethical For Me To Help It Be As Loud As Possible” Dept.: ABC Full Circle and WordPress

/ Jack Marshall / 8 Comments

Defending free speech doesn't mean you have to put dangerous speech where it will do the most damage...like 100 feet tall in Times Square.

As the New Year dawns, we see two companies in the communications business, and two situations raising the question, is it ethical or unethical to allow someone to use your product or service to broadcast harmful speech?

They took different paths, and both are being criticized. One company is ethical, the other is not.

The ethical company is WordPress.

A few days ago it took down one of its sites, Bare Naked Islam, after The Council on American-Islamic Relations (CAIR) complained that the site promoted violence against Muslims, which it surely did. When Muslims placed comments on the site, Bare Naked Islam published the IP and e-mail addresses of the commenters and suggested reprisals. Nonetheless, because it was CAIR’s complaint that triggered the removal, WordPress was criticized mightily in the conservative blogosphere for doing a Comedy Central—censoring legitimate free speech out of fear of Muslim violence. There is a very large distinction, however, between abandoning free speech in response to threats, as Comedy Central did in the infamous “South Park” incident, and responding responsibly to a legitimate complaint. Continue reading →

Ethical Quote of the Week: Boston Judge Frances A. McIntyre

/ Jack Marshall / 1 Comment

Not speech.

“… while Occupy Boston protesters may be exercising their expressive rights during their protest, they have no privilege under the First Amendment to seize and hold the land on which they sit… ‘Occupation’ speaks of boldness, outrage, and a willingness to take personal risk but it does not carry the plaintiffs’ professed message. Essentially, it is viewed as a hostile act, an assertion of possession against the rights of another. The act of occupation, this court has determined as a matter of law, is not speech. Nor is it immune from criminal prosecution for trespass or other crimes.”

—Suffolk Superior Court Judge Frances A. McIntyre, in a 25 page decision lifting the temporary restraining order that has blocked Boston officials from forcibly dismantling Occupy Boston’s  encampment by declaring that mere occupation does not constitute “speech” within the First Amendment.

Well, of course.

Occupying property, public or private, and preventing rightful owners or those who should also have access to do likewise is hostile, and has been from the beginning. “Boldness, outrage, and a willingness to take personal risk” pretty much defines all the Occupy movement has been able to communicate clearly, its more substantive positions being a matter of some dispute, or changing according to tactical needs.

Too many municipal leaders, their political biases and yellow streaks showing, have been reluctant to make this obvious and necessary point in order to toady to hard-left voting blocks and cynical Democratic operatives who think the Occupiers bolster the class warfare theme that seems to be the agreed-upon 2012 electoral strategy. But as public annoyance with the endless occupations wore on (and the novelty wore off), the yellow streaks worked against the demonstrators. They are going to have to find some other way of “speaking” besides sitting around.

A well-reasoned, articulate and rational position would be nice.

Ethics Hero: Ken, Popehat Blogger

/ Jack Marshall / 6 Comments

"You'll find what you're looking for over at Popehat!"

In the spirit of “Miracle on 34th Street,” in which a Macy’s Santa famously sends a shopper to its rival department store Gimbels (R.I.P.), I’d like to direct readers to run, not walk, over to Popehat, the witty and cantankerous blog that often covers similar territory as Ethics Alarms. There Ken, a practicing lawyer, has penned as strong an essay on ethical issues as you are likely to encounter. Writing about an unethical marketer’s outrageous tactics that included posing as a lawyer to intimidate bloggers, Ken powerfully expounds on the use of bogus lawsuit threats to stifle free speech and opinion on the web, and how to fight it.

This has been a continuing theme of his for a long time, to the point of qualifying as a crusade. It is a worthy crusade, and Ken, along with Popehat, is performing a public service with posts such as this one, colorfully entitled, in the Popehat fashion, “Junk Science And Marketeers and Legal Threats, Oh My!”

Good work, Ken.

A Close Call at Integrity Junction

/ Jack Marshall / 8 Comments

 

What might have been...

It’s so easy to violate your integrity. It also can become a habit. I just had a close call at Integrity Junction myself, and, of all things, another blogger saved me. In part, this account is to thank him.

It was inevitable that the daily task of highlighting and discussing ethical issues and the ethical choices of others would generate some backlash, and it certainly has. As a lawyer, I know where most of the landmines are, but the danger of a deep-pockets corporation that has been properly chastised budgeting enough money to ruin you with a spurious lawsuit is always a possibility. In eight years of writing online about ethics, I have only been successfully bullied into taking down one post, that one regarding a viatical settlement company that was even more sleazy than the industry generally. The article relied heavily on direct quotes from the company’s own website, yet I received a stern “cease and desist” letter from the company’s toady of a general counsel, accusing me of libel and defamation.

2005 was a tough year at ProEthics, which was just getting established; the mortgage was a monthly challenge, and we had several financial emergencies. It was no time to spit in the wind, especially in defense of a web post that would probably get a total readership approaching the roster of a weekend bowling team. I pulled the article. It has bothered me ever since. But as a remarkable number of commenters on the “Mike McQueary and Me” post seem to be unable to comprehend, real world, pragmatic and yes, selfish considerations do factor into ethical decisions. The trick is to know how to do the factoring, and even more important, to have prepared yourself to do the analysis quickly when the time comes.

I recently received another cease-and-desist letter, demanding that I take down a post I wrote a few months ago, based on an AP story about the mismanagement of several 9-11 charities. One of the operators of the charities mentioned in the story and in my post has hired a reputation-cleaning outfit that is doing all of the dubious tasks such companies do, including complaining, harassing and threatening websites and blogs that include negative opinions or facts about their clients. The hit-group assigned to me has added bogus comments to the post (failing to mention that their opinions were bought and paid for), and repeatedly sent me ominous e-mails hinting at impending legal action. Continue reading →

Comment of the Day:”Catawba Valley Community College vs. FIRE, Free Speech and Fairness”

/ Jack Marshall / Leave a comment

"Being courageous, challenging authority and exercising your right to free speech is no way to go through life, son."

Michael supplies an answer to my question, “What is going on with colleges and universities?” to begin the recent post about yet another example of a college trying to strangle inconvenient free expression on campus. Here is his Comment of the Day on Catawba Valley Community College vs. FIRE, Free Speech and Fairness:

“Colleges used to be run by faculty. Senior faculty members would be promoted to department heads, then deans, then provosts, and finally presidents. Their whole career, they would teach and be in contact with students. The faculty used to have a strong voice, including the ability to remove a sitting president if they felt it was necessary. Continue reading →