freedom of expression

Observations On The University Of Houston’s Anti-Free Speech Oppression

/ Jack Marshall / 19 Comments

zipper on mouth

Prelude

I gave an ethics training session for a local non-profit yesterday. At the end of the two hours, a staffer who was pursuing U.S. citizenship was obviously stimulated by the various issues and principles we had discussed and had many provocative questions, which he struggled to articulate in his second language, for he was Sorth Korean. “Why is it right for me to pay taxes to assist illegal immigrants?” he asked. “In Sorth Korea, they say we are decades behind the US is democracy, but Korean laws are enforced no matter who the law-breaker is. I see that law-breakers in the US who are rich and powerful or famous get special dispensations from the law. Doesn’t that mean that Korea is ahead of the U.S., at least in that respect?” (Gee, I wonder who he was referring to…)

He had insightful observations, as recent immigrants to the U.S. so often do. Finally he said, “Do you agree that political correctness is a great threat to liberty and democracy?”

Yes. Yes I do. I thought so the first time I heard the term “politically correct” in the Seventies, and was so certain that the concept’s loathsomeness (and the parallel loathsomeness of its advocates, frankly), ensured that it would be a short-lived phenomenon.

Which shows how smart I am…

***

Shortly after the July 7 massacre of  five police officers in Dallas, Rohini Sethi, the vice-president of the University of Houston’s Student Government Association, posted this on Facebook:

BLM tweet

The student governing body suspended her from her office and the group.

From the Houston Chronicle…

Student body vice president Rohini Sethi has been suspended by the SGA and is temporarily barred from participating in group activities. She is also due to attend a “diversity” workshop per the ruling….The University of Houston issued a statement this week that said the move is not a university action and doesn’t impact Sethi’s academic standing. “The University of Houston continues to stand firm in support of free speech and does not discipline students for exercising their constitutional rights,” the statement said.

The action came after minority student groups on campus condemned her statement as racist or “insensitive,”and demanded her removal. The accommodating president of the SGA complied. For her part, Sethi apologized and agreed to take a three-day cultural sensitivity workshop, though she wrote several Facebook posts defending her actions. Ultimately she was brought to heel, made a public statement along with the SGA head, and like a brain-washed prisoner of war, grovelled..

“I have chosen to take these steps on my own because of the division I’ve created among our student body. I may have the right to post what I did, but I still should not have. My words at the time didn’t accurately convey my feeling and cause many students to lose their faith in me to advocate for them. I will always continue to learn and be ready to discuss these issues.”

Observations: Continue reading →

Read ‘Em And Weep: The Jefferson Muzzle Awards

/ Jack Marshall / 3 Comments

muzzle-banner

 Thomas Jefferson Center for the Protection of Free Expression (TJC) hands out yearly “awards” to  government agencies that show themselves hostile to free speech.  This year, however, the Jefferson Muzzle Awards were reserved for various colleges, as the increasingly radical left institutions of higher learning, spurred by such groups as Black Lives Matters and the craven administrators who quiver in fear of them, have scarred freedom of expression over the past year in a multitude of ways.

Fifty schools got their ceremonial muzzles—the Muzzies?—in five categories:

1. Censorship of Students
2. Censorship by Students
3. Efforts to Limit Press Access
4. Threats to Academic Freedom, and
5. Censorship of Outside Speakers

Here they are.

And it’s not funny.

_______________________

Pointer: Instapundit

Documentary Ethics: Is Pulling An Anti-Vaxx Documentary A Freedom of Expression Breach Or Simply Responsible?

/ Jack Marshall / 24 Comments

tribeca_film_festival_ny

Until yesterday, “Vaxxed: From Cover-Up to Catastrophe” was an entry in the 2016  Tribeca Film Festival. It was directed and co-written by Andrew Wakefield, the disgraced doctor and researcher whose study purporting to show a link between vaccinations and autism was published in the British medical journal “The Lancet” in 2010 and then retracted. Wakefield subsequently lost his medical license because of undisclosed conflicts of interest and misrepresentations in his paper, and has been wandering the earth wearing the metaphorical sackcloth robe of the outcast ever since.

The decision by the festival and its founder Robert De Niro to screen the film was the focus of a furious controversy. Many consider Wakefield a murderer because his work has convinced parents to eschew vaccinations out of irrational fear sown by his false research conclusions. De Niro insisted that the film deserved a screening to provoke dialogue, but has had a change of heart, mind, or self-preservation instinct. He pulled the film yesterday, writing,

“My intent in screening this film was to provide an opportunity for conversation around an issue that is deeply personal to me and my family. But after reviewing it over the past few days with the Tribeca Film Festival team and others from the scientific community, we do not believe it contributes to or furthers the discussion I had hoped for.”

Translation: “When it comes to standing up for free expression, Andrew Wakefield and the anti-vaxxer delusion is not a hill worth dying for.” Continue reading →

More Photography Ethics: A Federal Court Rules That There Is No Right To Photograph Police

/ Jack Marshall / 22 Comments

photographing_police

U.S. District Judge Mark Kearney has ruled that citizens don’t have a First Amendment right to take cellphone videos and photos of police unless they are challenging or criticizing the police conduct.

This opinion makes no sense, and is dead wrong.

Richard Fields, a Temple University student, took a cellphone photo of about 20 police officers standing outside a house party because, he testified, he thought it would be an interesting picture. Amanda Geraci, who says she is “a trained legal observer,” whatever that is, tried to video an arrest during a an anti-fracking  protest.

Fields had his cellphone seized and was cuffed, as an officer searched his cellphone before returning it and cited him for obstructing the highway and public passages while taking the photo.  Geraci said an officer physically restrained her to prevent her from recording the arrest. The two both sued for alleged First and Fourth Amendment violations, and their cases were consolidated before the court, as the same Constitutional issues were involved.

Judge Kearney argued that Fields and Geraci would have to show their behavior was “expressive conduct” to support a First Amendment claim. Neither plaintiff met that burden, because neither told the police why they wanted to capture the images, Kearney wrote. “The conduct must be direct and expressive; we cannot be left guessing as to the ‘expression’ intended by the conduct.”

“Applying this standard, we conclude Fields and Geraci cannot meet the burden of demonstrating their taking, or attempting to take, pictures with no further comments or conduct is ‘sufficiently imbued with elements of communication’ to be deemed expressive conduct. Neither Fields nor Geraci direct us to facts showing at the time they took or wanted to take pictures, they asserted anything to anyone. There is also no evidence any of the officers understood them as communicating any idea or message.”

What astounding nonsense! Would Kearney argue that an oil painting was similarly ambiguous as “expressive” without the painter saying, “I am painting the picture so that I have a painting that I can show others”? Continue reading →

Four Ethics Dunces And An Unethical Quote Of The Week Double Feature: The Wallingford, Connecticut Mayor And The Anti-Defamation League

/ Jack Marshall / 41 Comments
Beware of Nazi fleas!

Beware of Nazi fleas!

“I had to check with the chief over what is actionable and what isn’t,” according to the mayor. “Unless something violates state or federal law, there’s no jurisdiction for government to do anything. We had to ask, is it something controlled by law?”

—-Wallingford, Connecticut Mayor William W. Dickinson Jr, explaining why his ignorance of Constitutional rights compelled him to check with the police after a hysteric freaked out over a flea market that was selling Confederate and Nazi themed items, and called 911 and the mayor’s office in a panic.

“It’s unfortunate that under the law people have the right to sell these things; but it doesn’t mean they should sell these things.” 

—-Joshua Sayles, assistant regional director of the Anti-Defamation League in Connecticut, expressing his regret that the Constitution includes the First Amendment and a right to Free Speech.

The Wallingford resident who called 911 said he “was shaking and almost vomiting. I had to run.” He told 911 there were helmets with swastikas, images of Hitler and other historical Nazi items.  He complained that the Confederate items were “not authentic” and were replicas of flags and weapons.

The appropriate response to this individual is: grow up. People do things, like things, say things, believe things, sell things, buy things and think things you may not like, and your proper response if you are offended is to leave the scene,  put it out of your mind, make a personal complaint to the individual or individuals in question to express your disagreement if you feel you have to, and then go away.  You have no right to sic the law on them. You have no right to stop them. Calling 911 is an abuse of the service. Ethics Dunce #1. Continue reading →

Speaking Of Doing The Right Thing For Unethical Reasons, TV Land Has Pulled “The Dukes of Hazzard”

/ Jack Marshall / 42 Comments
Wait, there's a CAR in this photo?

Wait, there’s a CAR in this photo?

You know, I think I’m as sensitive as anyone (sane) to nascent racism, and yet somehow I missed the fact, when in my youth I would watch  TV’s “The Dukes of Hazzard” for an average of six minutes before thinking, “BOY is this dumb!” and change the channel lest my IQ be permanently lowered, that the show was a KKK product. That’s because there was nothing vaguely racist or even Confederacy-ish about the show, except the flag design on the fictional super-car the good ol’ Duke boys drove, “The General Lee,” named after a historical figure who, you will recall, was a Confederate general. What would you expect a car called the General Lee to have on its roof, the Portuguese flag?

Never mind. TV Land, the cable channel that celebrates TV shows so old that they provoke mid-life crises by their very existence, just decided to join the political correctness purge that has the Park Service representing at its battlefields that the Union prevailed over a mysterious foe Which Cannot Be Named, and which definitely had no flag to fight for. It has pulled “The Dukes of Hazzard” from its schedule….not because it is trash and no more worthy of preservation for future generations than less popular stinkers like “It’s About Time,” “Pink Lady and Jeff,” “Mr. Terrific” or “Hart to Hart,” but because of the design on the roof of the car.

As a self-appointed guardian of pop culture history, TV Land is obligated to resist such efforts at whitewashing, which I assume will also claim every Norman Lear show (You think you are a progressive, Norman? HA! You’re a racist who dealt in toxic stereotypes!!!) like “The Jeffersons,” “Sanford and Son,” and “Good Times.” Ah, but #blackhypersensitivitymatters, you know, a lot more than letting people watch Catherine Bach in her shorts. Continue reading →

Introducing A Third Niggardly Principle, And A Dilemma: Does It Apply To The Confederate Flag?

/ Jack Marshall / 120 Comments

Scarolina flag

Before unveiling the new Third Niggardly Principle, indulge me some observation  on the emergence of a renewed controversy over the Confederate flag as a response to the Charleston, South Carolina shooting of nine black churchgoers last week:

1. The Confederate battle flag did not cause Dylann Roof to start shooting. If  all the Confederate flag had been retired to museums 100 years ago, it would not have turned him into a civil rights advocate.

2. The effort of anti-flag advocates, who are frequently advocates of censorship and restrictions on free speech as well, to exploit this tragedy to advance their pet grievance is transparent and obnoxious, and is even more attenuated than the furious efforts of anti-gun zealots to do the same thing.

3. The flag, like many symbols, represents different things to different people. Racial hate and bigotry is only one of them. The flag legitimately represents pride in a family legacy (“My great grandfather died bravely in Pickett’s Charge”), the historical record, opposition to federal government overreach,  aesthetic appeal, or defiance of authority generally (“I’m a rebel”). Old Glory also represents different things to different people, and we do not ban it because what it symbolizes to some people is unpleasant for them. (Yes, I know some schools have done exactly that. One hopes they are outliers)

4. Mitt Romney’s much praised tweet—“Take down the #ConfederateFlag at the SC Capitol. To many, it is a symbol of racial hatred. Remove it now to honor #Charleston victims.” —is simple-minded and irresponsible. (See the previous post.) Is Mitt arguing that any speech, symbol or expression that “many” find offensive should be suppressed? It sounds like it to me. Since Roof’s act had nothing to do with the flag, nor was it related to slavery or the Confederacy, how does taking the flag down “honor” his victims? Sure: Roof liked the flag, because of what it symbolized to him. He also liked Gold’s Gym:

dylann-roof1

Would closing down all the Gold Gyms in South Carolina honor his victims? The fact that the attack was racially motivated and that racists often display Confederate flags does not make a state flying the flag complicit in the shootings. Stop using Twitter to discuss complex issues, Mitt! Continue reading →

Finalizing The Sadly Useful School Anti-Violence No-Tolerance Insanity Scale

/ Jack Marshall / 24 Comments
Alas, the deadly pizza gun is only a #5 now...

Alas, the deadly pizza gun is only a #5 now…

In January 2013, I realized I had used “Now this is the worst example of insane no-tolerance school conduct that there can ever be!” multiple times, and that it was time to make some close calls. I asked readers to rank the following real examples of child abuse by schools, in which children of various ages were punished cruelly and excessively for harmless conduct that violated a poorly envisioned no-tolerance rule. This was the list:

1. Biting pizza into the shape of a gun.

2. Pointing a finger in the shape of a gun and saying “Bang!”

3. Threatening to shoot a student with a bubble gun.

4. A deaf child who makes the obvious sign-language symbol for gun,  to “say” his own name, because his first name is “Hunter”

5. Expelling a student and bringing charges of criminal assault for shooting another student with a spitball through a straw

6. Accidentally bringing a paring knife to school in a lunch box

7. Drawing a picture of your father holding a gun

8. Playing with a LEGO figure carrying a LEGO automatic weapon

9. Drawing a picture of a gun

10. Writing a poem about the Newtown shooting.

I  received a lot of responses on the blog, more off-site. I never published the final results, however, which also takes into consideration my own positions. Here, from most defensible to most insane, is the current order, and why each entry landed where it did: Continue reading →

What Do You Do With The Racist Frat House?

/ Jack Marshall / 51 Comments

Arizona frat party

Tau Kappa Epsilon fraternity at the University of Arizona decided that hosting an African-American stereotype party on Martin Luther King Day was a cool idea, and soon thereafter posted photos of the bash on various social media, showing drunk students posing like rappers,wearing baggy pants around their knees and drinking liquor out of watermelon cups.  The college community was appropriately horrified, and many are calling for the fraternity to be expelled for the incident and the students who attended the party punished. The Detroit Free Press story about the incident is headlined, “Racism or Free Speech”? This is the equivalent of a headline saying “Stupidity or Freedom of the Press?” It’s both. That’s the conundrum. Continue reading →

Ethics Quiz: What Is Wrong With This Statement?

/ Jack Marshall / 10 Comments

Wait...is there some problem with making Hitler jokes in France?

“The Festival de Cannes provides artists from around the world with an exceptional forum to present their works and defend freedom of expression and creation. The Festival’s Board of Directors, which held an extraordinary meeting this Thursday 19 May 2011, profoundly regrets that this forum has been used by Lars Von Trier to express comments that are unacceptable, intolerable, and contrary to the ideals of humanity and generosity that preside over the very existence of the Festival. The Board of Directors firmly condemns these comments and declares Lars Von Trier a persona non grata at the Festival de Cannes, with effect immediately.”

—- The Cannes Film Festival organizers, kicking Danish director Lars Von Trier out of the event (though his film remains in the competition for a prize) for some rambling, clearly (if ineptly) facetious comments he made to reporters in response to a question, referring to himself as a Nazi and saying that Israel was “a pain in the ass.”

This should be an easy one.