free speech

The Strange, Unethical Saga of Junius Puke

/ Jack Marshall / 3 Comments

Junius Puke

This week seems to mark the end of a perfect storm of ethical misconduct that almost drowned a young student in legal persecution for the non-crime of exercising his First Amendment rights. An insufferable and humorless bully with a professorship collided with an irresponsible prosecutor wielding an unconstitutional law, and it has taken eight years to undo the carnage.

A man named Junius Peake was an economics professor at the University of Northern Colorado,  who due to his parody-inviting name and undoubtedly also the character traits that he was soon to display so prominently, found himself being lampooned in a student satire blog called “The Howling Pig.”  The editor-in-chief of the blog was facetiously identified in the newsletter as the obviously fictional “Junius Puke,” who was portrayed with an outrageous photograph of Professor Peake altered to include sunglasses, a different nose,  a Hitler-esque mustache, and, on occasion, Kiss make-up and a Gene Simmons tongue.  Junius Puke, with tongue. “Junius Puke” wrote prose like this:

“This will be a regular bitch sheet that will speak truth to power, obscenities to clergy, and advice to all the stoners sitting around watching Scooby Doo. This will be a forum for the pissed off and disenfranchised in Northern Colorado, basically everybody. I made it to where I am through hard work, luck, and connections, all without a college degree. Dissatisfaction with a cushy do-nothing ornamental position led me to form this subversive little paper. I don’t normally care much about the question of daycare since my kids are grown and other people’s children give me the willies.” Continue reading →

Ethics Quote of the Week: The Washington Post Editors

/ Jack Marshall / 3 Comments

Clear out, everybody! Ann Miller wants to honor Thomas Jefferson!

“Aggrandizing what amounts to a stunt based on misinformed views of the First Amendment cheapens the real and courageous achievements of those who advance the causes of civil rights by refusing to comply with immoral laws”

—–The Washington Post, in an editorial entitled “Dancing at a National Memorial Isn’t Civil Disobedience”

The Post is talking about the escalating and pointless battle by self-indulgent, publicity-seeking, First Amendment grand-standers —a description that I shortened to the crude but sufficiently explanatory “assholes” in my post on the same topic-–to demonstrate for the endangered ‘right” to dance inside government memorial structures(Next up: frog races, strip shows, and Mummer parades). The editorial makes the true content of this noble exercise plain: it is 100% nonsense: Continue reading →

Dancing With Thomas Jefferson: How Assholes Make the Law Spoil Life For Everyone

/ Jack Marshall / 32 Comments

Coming to a place of honor and reflection near you.

On Saturday, the U.S. Park Police forcefully arrested five “Code Pink” protesters under the dome of the Jefferson Memorial for defying a recent Federal Appeals Court ruling that dancing at federal monuments was not constitutionally protected expression.

Perhaps you missed that ruling earlier this month, which was, I presume, made necessary by the realization that a flash mob could break out at any moment at the Lincoln Memorial or the Alamo. That was not the threat in 2008, however, when Mary Oberwetter was arrested, also at the Thomas Jefferson Memorial, for hoofing to celebrate Thomas Jefferson’s birthday.

She sued the National Park Service for violating her First Amendment rights, and on May 17 the U.S. Court of Appeals for the D.C. Circuit held that the Jefferson Memorial should have a “solemn atmosphere” and that dancing, silent or otherwise, was an inappropriate form of expression there. The appellate judges concurred with the lower court that the memorial is “not a public forum,” and thus demonstrators must first obtain a  permit. Demonstrations that require permits in the Park Service’s National Capital region are defined as

“…picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct which involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. [The] term does not include casual park use by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers.”

The Appellate Court wrote: Continue reading →

From First Amendment Outrage to Ethics Hypothetical: The Westboro Baptist Church vs. Brandon, Miss. Hoax

/ Jack Marshall / 3 Comments

"Never mind!"

Bulletin: The story about how citizens and law enforcement personnel in Brandon, Miss. foiled the efforts of Fred Phelps’ homophobic Westboro Baptist Church to disrupt the funeral of a serviceman killed in Afghanistan never happened. The source of the hoax is unclear, but an enterprising Stars and Stripes blogger investigated and has determined that it never happened. The Church was never even in Brandon.

I detest fake web stories and the people who create them, as you probably know. The public is  confused enough by reality without having falsehoods, fabrications and hoaxes added to its database. Luckily, this is not a news site, but an ethics site, and my commentary about those who applauded this tale of a community conspiring to rob a group of their U.S. Supreme Court confirmed constitutional rights is as valid as when it was widely assumed that the story was real.

The foiling of Fred Phelps’ gang by “Mississippi Burning” tactics is not only an ethics hypothetical that most people flunked, but also an effective trap to lure the self-righteous into agreeing  that ends justify unethical means as long as the victims of those ends are sufficiently despicable.   This group includes one of the most quoted commentators on the story, who approved of the fictional response by the town and wrote,

“This is a template for how to handle the Westboro people. If lawsuits don’t work, other means will. Whatever it takes to keep them from harassing bereaved military families on the day their fallen loved ones are laid to rest.”

He was wrong then, and he’s wrong now.

Don’t Cheer Mississippi’s Westboro Baptist Tactics Too Loudly: You Never Know Who Might Hear You

/ Jack Marshall / 26 Comments

"Demonstrators? Just leave them to us."

Sgt. Jason Rogers, who was killed in action in Afghanistan, was buried two weeks ago in Brandon, Mississippi. As is its custom, the Westboro Baptist Church, fresh from U.S. Supreme Court-confirmed constitutional protection, was prepared to sully Sgt. Rogers’ funeral with its usual hateful chants about how God kills our soldiers to punish our sinful, homosexual-loving ways. Its plans were foiled, however, by a little bit of traditional Mississippi social control ingenuity.

A couple of days before the funeral, one of Fred Phelps’ vile cultists boasted about the upcoming protest while visiting a Brandon gas station, and the good citizenry on the scene gave him the sound beating they felt his sentiments warranted. Continue reading →

The ACLU Gives Us a Lesson in Principles

/ Jack Marshall / 18 Comments

Paul Scofield as Sir Thomas More

“What would you do? Cut a great road through the law to get after the Devil?…And when the last law was down, and the Devil turned ’round on you, where would you hide…the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down…do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!”—- Sir Thomas More [Played by Paul Scofield, scripted by Robert Bolt (in a speech adapted from More’s writings) in the film of “A Man for All Seasons” (1966)]

My opinion of Rev. Terry Jones is a matter of record; to summarize, I think he is well beneath Charlie Sheen, Donald Trump, Tom DeLay, Goldman Sachs, Nancy Pelosi, Eliot Spitzer, AIG, Charlie Rangel , Mark Sanford, Barry Bonds, “Ronbo” and most of the other members in bad standing on the Ethics Alarms Bottom 100. Determined as he is to sully the First Amendment with his disgraceful and hate-soaked use of it, however, he is an American, and he has rights. A Dearborn, Michigan jury, prompted by the city, has taken away those rights by preventing him and another fool from protesting outside a local mosque. Continue reading →

Terry Jones’ Next Irresponsible Protest: Legal? Sure. Stupid? Yes. Ethical? Of Course Not.

/ Jack Marshall / 6 Comments

We have to permit the stupid demonstrations to protect the important ones.

The latest drama surrounding irresponsible publicity addict, Quran-burner and gonzo Islam-hater Rev. Terry Jones is his attempt to get a permit to demonstrate outside  the Islamic Center of America in Dearborn, Michigan because, well, because it’s there, I guess.  Wayne County and Dearborn officials insist that he pay security costs that they estimate at about $46,000 before he will be allowed to incite more violence and riots overseas. These are a near certainty because a lot of people in other countries can’t understand why the United States lets its citizens say and demonstrate about any fool thing they want to. Continue reading →

The Saga of the Racist Juror and the Angry Judge, Chapter Two: “Never Mind!”

/ Jack Marshall / 5 Comments

 

"Oh! You're REALLY a racist? That's OK then...I thought you were LYING about being a racist, and I just hate that!"

When we last left Federal Judge Nicholas Garaufis, he had just sentenced a potential juror to jury duty for life because of her racist and anti-police answers on a jury questionnaire. Then many commentators, including Ethics Alarms, pointed out that punishing a woman for her views, however offensive, was an abuse of judicial power. I wrote:

 

“This was outrageous abuse of power by a judge, and a slam dunk First Amendment violation. Her opinions are ugly, but there is nothing illegal about having ugly opinions, and  government punishment based on a citizen’s opinion is a dangerous Constitutional breach. A judge can’t dictate how a potential juror thinks or what she believes. He can’t take vengeance on a woman who is hateful, either. She has a right to her hate.”

Today the judge released the woman from the lifetime sentence, saying that it really wasn’t her racist views that angered him, but rather that she had made an obvious attempt to get out of jury duty by putting offensive answers on the jury questionnaire. “My ruling was not based in any way upon whether or not you held any racist views. It was apparent you did not tell the truth,” Judge Garaufis told the woman. “You were the only juror who indicated that you had every form of bias imaginable. You were lying to the court in order to be excused.”

Ah, It wasn’t that she was a racist, but that she pretended to be a racist.

What a minute..huh? Continue reading →

Alarm Failure! Racist Juror+Angry Judge=Jury Duty For Life

/ Jack Marshall / 10 Comments

"You won't like me when I'm angry..."

Political correctness is now officially moving into places where it cannot be tolerated….like the courtroom.

In Brooklyn Federal Court, Juror No. 799, an Asian woman in her 20s who said she works in the garment industry, was up for jury duty in the death penalty trial of Bonanno crime boss Vincent Basciano. Asked to name three people she least admired on her jury questionaire, she wrote, “African-Americans, Hispanics and Haitians.” Elsewhere on the form she declared that all cops were lazy, and used their sirens to bypass traffic jams.

Federal Judge Nicholas Garaufis read the questionaire, questioned the woman, and declared, “This is an outrage, and so are you!” After he dismissed her as a juror on the case, he announced that she was now, until further notice, on permanent jury duty until he let her off.

“She’s coming back today, Thursday and Friday – and until the future, when I am ready to dismiss her,” Garaufis said.

Just desserts for a racist?

Proper punishment for hate?

A lesson in citizenship for all? Continue reading →

Unethical Quote of the Month: #1 American Asshole, Rev. Terry Jones

/ Jack Marshall / 19 Comments

...or "The Rev. Terry Jones Story"

“If you want to be technical, I guess we broke our word. We thought twice about it.”

—-Rev. Terry Jones, agreeing with criticism that he had promised last September not to burn the Quran, but did so anyway last month when he felt that his anti-Islam campaign was not getting enough headlines.

If you want to be technical, Rev. Jones is probably the biggest asshole in the United States right now. I know, I know—civility. But there are rare situations in which only our crudest, most insulting words can fairly describe individuals and acts. Rev. Jones richly deserves the asshole label, indeed the U.S. Champion, Gold Plated, #1 Asshole label, because nothing else adequately describes his reckless, self-promoting, hateful, irresponsible, deadly, virtually treasonous conduct—all completely legal, of course.

What do you call someone who pours gasoline on a brush fire to get attention? Jerk is too mild. What do you call someone who intentionally makes a difficult problem of international perception even more difficult—intentionally? Fool is too kind.  Unethical, my staple, is too abstract. There just is no civil term for someone like Jones. Continue reading →