Freedom of Speech

Morning Ethics Warm-Up, 4/21/2018, Part 2: Wait, It’s Afternoon Already!

/ Jack Marshall / 42 Comments

Good afternoon!

Here are ethics items that have nothing to do with the Marjory Stoneman Douglas High School anti-Second Amendment  demogogues.

2. Unethical Lawsuit of the Year. Incredibly, the Democratic National Committee yesterday announced that it is suing the Trump campaign, the Russian government, and Wikileaks, accusing them of conspiring to disrupt the 2016 Presidential election.  Suits require facts. There are no facts to support this lawsuit, only speculation, rumors and propaganda. The legal analysts whose opinions I respect haven’t even acknowledged the suit yet, perhaps because they suspect, or know, that it is a cynical publicity ploy and merely laying the foundation for a Democratic Party fundraising blitz. (Using the civil courts for such purposes is unethical, of course.) The betting here (and elsewhere) is that the lawsuit will be dismissed in short order. It is grandstanding, and to my eye, pretty desperate grandstanding.  Such a lawsuit would open the Democrats, their allies and the Clinton campaign to all manner of intrusive and embarrassing discovery. My first reaction to the news was that this almost as stupid as Oscar Wilde’s criminal libel suit over being called “a Sodomite.”

Wikileaks had an amusing response:

“The Democrats are suing WikiLeaks and @JulianAssange for revealing how the DNC rigged the Democratic primaries. Help us counter-sue. We’ve never lost a publishing case and discovery is going to be amazing fun.”

3.  More future news! Ann Althouse flagged for us a future news (psychic news?) classic,  Morning Joe” Scarborough’s op-ed in the Washington Post, “It’s becoming clear that Trump won’t run in 2020”.

Althouse writes,

I’m reading the headline and laughing. It’s on the most-read list at The Washington Post. It’s what people want to read, and isn’t that what fake news is all about, giving the people what they want (and getting them to want what you want them to want)? “Allies are quietly admitting”… “Republicans are sensing”… and Joe Scarborough is picking up the message. It seems to me Trump has faced vicious opposition all along, and he keeps winning in spite of/because of it.

This isn’t really fake news, though. Psychic news or future news is a different unethical beast, and in this case, it’s just an abuse of punditry.  It becomes fake news when the headline “Trump won’t run for re-election, insiders say” starts turning up. What is especially ironic about this trend is that there has never been a President whose stated intentions have been so changeable and unreliable, and yet the very same journalists who complain about this are willing to run breathless stories about what some leaker claims he said was his intent. President trump can’t be counted upon to do this week what he said he would do last week, and the Post thinks it is worth publishing what Morning Joe’s sources say President Trump  plans on doing three years from now. Continue reading →

“Morning Ethics Warm-Up, 4/20/18: Bad Ideas, False Narratives, Fake News, And Hillary’s Delusion

/ Jack Marshall / 70 Comments

Happy Friday!

(You too, Reuben..)

1 The persistence and peril of bad ideas. Civilizations and societies fail in part because terrible ideas take root in the public square, become  exploited by cynical and unscrupulous elites and power-seekers, and lead to policy and cultural disasters. The nation’s gradual acceptance of illegal immigration is such an idea: when the pluses and minuses of the Trump Presidency are finally totaled and compared, no one will be able to deny that taking a direct stand against illegal immigration without compromise or weasel words will be one of Donald Trump’s positive legacies.

Nonetheless, the news media continues to indoctrinate the public with the toxic concept that illegal immigration is acceptable, against all logic and experience. In yet another “good illegal immigrant” story—frankly, I’m sick of writing about them—the New York Times gives us this:

Like many of the immigrants detained this way, Mr. de Oliveira, a house painter, had no criminal history. To the Trump administration, the other thing they had in common was more germane: a legal but, until now, unenforced obligation to leave the country that had stuck to them for years, even as they pieced together lives and families in the United States.

In the later years of the Obama administration, the government mostly left people without criminal records alone, focusing instead on immigrants who had only recently arrived or had been convicted of serious crimes.

But the Trump administration emphasizes that everyone living here illegally is fair game for deportation, a policy that has bumped up immigration arrests by more than 40 percent since the beginning of 2017. Those who were ordered out of the country years ago are especially easy marks for an agency with limited resources for enforcement — especially if they walk straight into an immigration office.

Boy, that mean, mean Trump administration, insisting that aliens who steal a place in this country along with its benefits should have to return it even if they don’t break any more laws.  There is literally no logical or legally coherent argument or rationale to support any other position. I have never heard one, read one, or been able to imagine one. Would people support a policy that allowed citizens to keep the loot they stole in a single felony as long as they never broke another law? Perhaps they would, if politicians, big business advocates for cheap labor and unethical journalists kept promoting the idea over years and decades.

2. And then there are media-fed false narratives. On Headline News this morning, Lovely Robin and her cohorts were reviewing Time’s “100 Most Influential People” and picking their favorites. Who cares, at this pathetic stage of Time’s existence, what that rag decides? One of Robin’s colleagues designated Chloe Kim, the 17-year-old medal-winning Olympic snowboarder, as his favorite among the hundred. Does anyone really believe a teenage snowboarder is one of the 10,000 most influential people in the US, much less in the top 100? Is Time’s 100 really a list of  “people most likely to be on “Dancing with the Stars”? Has any medal-winner in a Winter Olympics ever been particularly influential, except maybe in the Ice Capades? Continue reading →

From The Ethics Alarms “Horrible People” Files: The Vile Progressive Professor (Yes, Another One, and Yes, I Would Fire Her)

/ Jack Marshall / 87 Comments

Randa Jarrar, a professor in the English department at California State University, Fresno (That’s her above: am I the only one that finds her expression unsettling?)  tweeted an hour after Barbara Bush’s death was announced,

“Barbara Bush was a generous and smart and amazing racist who, along with her husband, raised a war criminal. Fuck  outta here with your nice words.”

Later, she added that she was happy that George W. Bush was probably sad that his mother had died, and…

“PSA: either you are against these pieces of shit and their genocidal ways or you’re part of the problem. That’s actually how simple this is. I’m happy the witch is dead. Can’t wait for the rest of her family to fall to their demise the way 1.5 million Iraqis have.”

After her ugly Twitter hate-storm tweets generated more than 2,000 critical replies, the professor posted a phone number suggesting that it was a way to reach her. No, it was really the number of a  crisis and suicide prevention center, causing their phones to be swamped.Tweeted Eugene Gu, MD, a pediatric surgeon,

“Replying to @randajarrar. Your freedom of speech does not entitle you to have all these people spam an actual mental health crisis line. Please stop,”

This completely gratuitous embarrassment to CSU Fresno caused the president of the school to respond with a public statement, also via Twitter: Continue reading →

Morning Ethics Warm-Up, 3/22/18: Nanoo Nanoo, And The Oxford Comma

/ Jack Marshall / 54 Comments

Good Morning!

1 . From the “Oh, Come on!” files. As I have mentioned here several times, Georgetown Law professor Professor Paul Butler decided to ambush me with a cheap shot on NPR last year, interjecting “Oh come on!” as I was explaining how a celebrity or prominent man’s inappropriate sexual advances could be initially welcome to a female subordinate, and then later, after, say, the same celebrity is regarded as toxic by that woman’s peer group, what were originally “welcome” (or not unwelcome) attentions could become retroactively unwelcome, prompting an accusation of sexual harassment. I was 100% correct. Last month, in an email exchange on ten topic with the NPR host, I was told that both she and the professor thought I was making excuses for Donald Trump.

Thus does Trump hate and bias make intelligent discourse increasingly difficult. If I had used Al Franken as my example instead of the President, I presume my commentary would not have been kneecapped. But I digress…

In jaw-dropping revelations in a new book coming out in May, actress Pam Dawber and others describe how co-star Robin Williams often treated her and other actresses on the set of “Mork and Mindy.” The book discusses Williams’ “improvisations”…

[M]any of these additions were sexual and directed at the women in the cast, such as when he goosed the actress who played Mindy’s grandmother with a cane.

[Director Howard] Storm said: ‘I’m standing there watching this and I’m thinking, “oh my god” and I just laughed. I thought she was going to turn and say: “How dare you stick a cane in a woman’s ass?” That sweet old lady.’There was nothing lascivious about it, in his mind. It was just Robin being Robin, and he thought it would be funny. He could get away with murder.’

Other times Williams would grab Dawber’s bottom or her breasts simply because he was ‘bored.’ 

‘He’d be doing a paragraph and in the middle of it he would just turn and grab her ass. Or grab a breast. And we’d start again. I’d say, “Robin, there’s nothing in the script that says you grab Pam’s ass.” And he’d say: “Oh, ok,”‘ Storm added.  

Garry Marshall, the producer of the show, said: ‘He would take all his clothes off, he would be standing there totally naked and she was trying to act. His aim in life was to make Pam Dawber blush.’

But Dawber remained unfazed, she admits: ‘I had the grossest things done to me – by him. And I never took offense. I mean I was flashed, humped, bumped, grabbed. I think he probably did it to a lot of people…but it was so much fun.

‘Somehow he had that magic. If you put it on paper you would be appalled. But somehow he had this guileless little thing that he would do – those sparkly eyes. He’d look at you, really playful, like a puppy, all of a sudden. And then he’d grab your tits and then run away. And somehow he could get away with it. It was the Seventies, after all’.

Wait: if it was the 70’s, does that mean that in the parallel universe where Robin Williams has conquered his demons and is running for the U.S. Senate as a Republican (those parallel universes are funky, let me tell you), Dawber couldn’t come out and destroy his candidacy by describing his outrageous behavior? Does it mean everyone would say that she was being unfair, and that she wouldn’t be lionized as another #MeToo hero?

Continue reading →

Morning Ethics Warm-Up, 3/21/18: Ethics Observations As The Snowflakes Fall

/ Jack Marshall / 109 Comments

Good Morning!

1 Moral luck.  In Great Mills, Maryland, a student with a handgun entered a high school and began shooting. He was brought down by a lone, armed and trained officer before anyone was killed. In the Parkland shooting, the equivalent officer chose to avoid a confrontation. There were other material differences: yesterday’s student shooter seems to have had a specific target in mind (his ex-girl friend) whereas the Parkland shooter was juts out to kill as many kids as possible. One student carried a hand-gun (which is very difficult for anyone to acquire legally in Maryland, which has among the toughest gun laws in the country), while the Florida shooter had a semi-automatic rifle. However, the primary difference was moral luck: if a competent and courageous officer had entered Marjory Stoneman Douglas High and shot Nikolas Cruz before he could inflict carnage, and Deputy Blaine Gaskill, instead of almost immediately entering the school and shooting 17-year-pld Austin Wyatt Rollins dead, had done a Scot Peterson impression and remained outside, the results in Parkland and Great Mills might have been reversed. In any case, the results would not have been changed by different gun laws or demonizing the NRA and lawful gun owners, only by different responses by human beings, and the vicissitudes of moral luck.

I think Marjory Stoneman Douglas High has serious cultural and management problems that played a larger role in the massacre than gun policies. Today’s news certainly suggest that…

2. This is how puppies end up dead in airplane luggage bins…The headline that caught my eye was “Pit bull goes on rampage in elementary school.” What actually happened was that a pit bull -mix puppy got out of the yard and ran onto a nearby elementary school playground where small children were playing, they started screaming and running because their parents had either taught them to be terrified of dogs or never instructed them how to interact with them, the puppy chased the kids into the school, and began jumping and nipping, as puppies tend to do. I was taught not to run from dogs at about the age of four. The consensus later was that the dog was not aggressive, but was just stimulated by all the commotion and playing. A teacher calmed the dog. You know, dogs are a feature of our neighborhoods and communities, and failing to teach children basic dog-interaction skills is as irresponsible as not teaching them how to cross the street. Anti-pit bull hysteria doesn’t help either. “Rampage.”

Then, this morning, I watched an episode of “My Cat From Hell” on the Animal Planet cable channel. In the first segment, one of a family’s two cats was behaving aggressively, biting and scratching in response to any human contact. The reason became apparent to the cat therapist quickly: the family’s two little girls were abusing both cats, treating the more passive of the pets like a stuffed animal as the  parents laughed and took photos. The second segment was even worse. A couple had bought a Munchkin cat—which is an ethics issue itself, since these are deformed cats bred to have such short legs that they can’t climb or jump—

and apparently thought of the creature as a cute animated decoration. They had no toys or comforts for the cat, just a bare room and a litter box. “Have you ever played with your cat?” the therapist asked. “Play? Well, no, we’re both really busy,” came the response.  And the couple wanted to know why was the cat was behaving so neurotically… Continue reading →

Stop Making Me Defend Joy Behar!

/ Jack Marshall / 35 Comments

Preview: Conservative boycotts designed to punish individuals for speech are exactly as unethical as progressive boycotts for the same purpose.

The Victim: Joy Behar, alleged comic and long-standing co-host of ABC”s “The View,” or “A Lot Of Loud-Mouth Celebrity Women Without Special Expertise Or Insight Ranting Against Republicans And Conservatives With An Occasional Lame Interjection From A Token Conservative Woman Of Moderate To Negligible Erudition And Wit.”

Behar’s main function on “The View” is to be the upper limit for extreme abrasiveness and obtuseness. If a host exceeds Behar’s level of either, she has to go; thus former child star Raven (dumber than Joy) and Rosie O’Donnell (even more obnoxious than Joy) had to go.

The Controversy: In a February 13 segment discussing Vice President Mike Pence’s belief that God speaks to him, Behar said: “It’s one thing to talk to Jesus. It’s another thing when Jesus talks to you. That’s called mental illness, if I’m not correct . . . hearing voices.” Other members of “The View” panel piled on as the audience clapped and laughed.

The Aftermath: In a “People” interview about whether she would consider running for President, Oprah Winfrey, who can do no wrong in the eyes of The View-ers, said,

“I went into prayer: ‘God, if you think I’m supposed to run, you gotta tell me, and it has to be so clear that not even I can miss it.’ And I haven’t gotten that.”

Shortly after this, Behar said that she was only joking about Pence.

The Boycott: The conservative Media Research Center launched a campaign against “The View,” pressuring its advertisers to pull support for the show until Pence and viewers received a formal apology for Joy’s “crass, bigoted comments.”  Almost 40,000 calls were made to ABC from the MRC’s grassroots followers. The National Center’s Justin Danhof confronted Disney CEO Bob Iger at a Disney shareholder meeting last week, and asked, “Specifically, do you think, like Ms. Hostin and Ms. Behar, that having a Christian faith is akin to a dangerous mental illness?”

The Capitulation: First, Vice President Pence confirmed that Behar had called him and apologized personally. He told Sean Hannity yesterday that he had forgiven Behar, and that he had urged her to make a public apology to the millions of Christians she offended with her comments. Today, on “The View,” Behar said,

“I was raised to respect everyone’s religious faith and I fell short of that. I sincerely apologize for what I said.”

Continue reading →

Comment Of The Day: “What Do You Get When You Add Anti-Gun Bias To Constitutional Ignorance To Anti-Trump Bias To Incompetent Journalism? THIS…”

/ Jack Marshall / 23 Comments

Chris Marschner’s epic Comment of the Day arrived at 11:14 pm last night. My immediate reaction was that it validated all of the toil and time I have put into this blog since it was launched in 2009. I know I have indulged myself more than is professionally admirable of late, complaining about the traffic here, the lack of broader web circulation of essays that I believe are important and objectively superior to commentary elsewhere that routinely gets hundreds of thousands of clicks, likes and shares. In my lore rational moments I also know that, as Hymen Roth once pulled me aside and reminded me, “Jack, you idiot, this is the life you have chosen!” This is ethics. Most people don’t want to read about or think about ethics, and most people are bad at it and don’t want to get better. I make much of my living teaching ethics to lawyers who admit to me that if they didn’t have to get ethics credits to keep their licenses, they would rather be locked in a room with Slim Whitman recordings being blasted at them than sit through an ethics seminar.

Chris’s essay— “essay” doesn’t do it justice; perhaps “opus”–reminded me of what I set out to do here from the beginning, which was to create an online colloquy about applied ethics and ethics analysis, using events, issues, episodes and dilemmas from every aspect of our culture, national experience and daily life. As the 9th full year of Ethics Alarms begins, I can see that we have attracted, beyond the readership, which of course is hard to analyze, a remarkable, diverse, dedicated and passionate group of regular commentators whose output in the discussions and debates following the posts is the best it has ever been and getting better. I could not be more proud of that. I also complain about lost commenters, the many, many once regular and valued participants here who have fallen away, often without explanation. ( Spike Jones: Mary–“Bon soir, John. Prosit. Auf wiedersehen. Au revoir. Adios. Aloha.” John:  How do you like that? She didn’t even say ‘goodbye’! ) But this is the regular cycle of any blog; I know it. I just get attached to the faceless people I interact with daily, and take their exits personally, forgetting that lives and priorities change, and that I, too, am just a distant voice, who could, after all, be a dog.

I read many websites and blogs, and with the possible exception of the original Volokh Conspiracy before it moved to the Washington Post, no site’s comments approach the routine excellence I see here, in content, seriousness, and original thought. So you know just how excellent Chris’s comment is, when I say that it is among the very best that has been posted on Ethics Alarms.

Here is Chris Marschner’s Comment of the Day on the post,  What Do You Get When You Add Anti-Gun Bias To Constitutional Ignorance To Anti-Trump Bias To Incompetent Journalism? THIS…”

I suggest that you keep this link handy as you read it.

I wrote this for anyone willing to listen. Continue reading →

Ethics Warm-Up, Valentines Day, 2018: Of Mummies, Mockingbirds, Hunchbacks, And Sperms….

/ Jack Marshall / 50 Comments

Happy Valentines Day!

1 Jeremy gets a vacation! As some of you may know, philosopher Jeremy Bentham, John Stuart Mill’s mentor and the founder of utilitarianism, has been stuffed and kept in a glass case at the College of London since his death in 1832 as a condition of his will. I’m not kidding! (A photo has appeared periodically in the Ethics Alarms header from the blog’s first day.) Here he is…

That’s Jeremy’s real head on the floor: the one on top of the stuffed body around his skeleton is wax. Jeremy still attends all meetings of the school’s board, wearing his own clothes.  Now he’s visiting the U.S., something he always wanted to do when he was alive.

2. The message is increasingly clear: everything is racist. Got it, thanks! Working from her mummy, scientists from the University of Bristol reconstructed the face of 3,400-year-old queen Nefertiti, King Tut’s mother, using 3D imaging technology. The process required more than 500 hours. Nefertiti was Egypt’s queen alongside Pharaoh Akhenaten from 1353 to 1336 BC. Heeeeeeere’s  NEFI!

Now the project is under attack on social media because the reconstructed Nefertiti face isn’t dark enough, not that anyone has a clue regarding how dark or light anyone who lived over 3000 years ago was.

This is the kind of gratuitous race-baiting that causes well-deserved backlash.  It’s also redolent of an old whitewashing theme, dating back to the “Cleopatra was black” and “Jesus was black” claims of activists in the 1970s.

3. Segue Alert! And speaking of stupid whitewashing controversies, the cancellation of that high school production of “The Hunchback of Notre Dame” because the student cast as the gypsy ingenue Esmeralda was “too white” provoked a backlash….from Nazis.

Naturally, this means that the race-based attack on the innocent student cast because she was the most qualified to play the part was justified, thanks to the trampoline effect when a bad idea is attacked by even worse extremists.  (Don’t make me put the cognitive dissonance scale up twice in one day.) The New York Times reports that the students who intimidated school administrators into cancelling the show “are now besieged by an online mob targeting them with threats and racial epithets after the incident was reported in right-wing publications like Breitbart News, then spread to the neo-Nazi site The Daily Stormer. Via Facebook, the students received pictures of themselves with swastikas plastered on their faces. One parent had what was thought to be her home address (it wasn’t) posted online with a comment seeming to encourage harassment: “Do your thing social media.” Another parent received a profane email, assailing her for embracing “anti-white racism,” adding: “I feel sorry for your brainwashed child.” The way this phenomenon works is that now, when someone legitimately objects to the unethical handling of this episode by the school, they can be portrayed as agreeing with white supremacists.

We saw this effect in full bloom in Charlottesville. Tearing down statues of Robert E. Lee is a form of historical airbrushing and censorship, and principled, objective critics (like me) condemned the statue-toppling mania. Then the alt-right and the white nationalists marched against the removal of a Lee statue, and suddenly if you objected to a memorial to a major figure in American history and a bona fide military hero whose life is a wealth of lessons for all of us, it meant you were siding with racists.  President Trump was effectively trapped by this Catch-22. Continue reading →

Morning Ethics Warm-Up, 2/13/18: You Can’t Get Much More Ethics Issues Variety Than This!

/ Jack Marshall / 66 Comments

Good Morning!

[Mickey is really playing that piano. Boy he was amazing…]

1 A Russian Jumbo!  And it worked! In Russia, Irina Kudinova was charged with mocking the Church after she  posted a photograph that prosecutors alleged was obscene and thus constituted the “deliberate desecration of a religious object” and “insulting the feelings of believers.”   Gee, I can’t imagine why anyone would think THAT..Here’s the photo:

The judge ruled that it was merely a photo of an Easter cake and nothing more. Elephant? What elephant? Or maybe “What elephant phallus?” would be more accurate. Kudinova was awarded 20,000 rubles in a court action for false accusations.

Few cases better illustrate the principle that in Bizarro World attempts at ethical acts become unethical. The problem is that Russia has laws that discourage free speech. In order to undermine an unethical law, the judge in this case made a ruling that is obviously contrary to reality, and what anyone can see with their own eyes. If judges can ignore evidence and deny reality to protect citizens from an unjust law, then they can do the same to unjustly punish citizens who break no laws at all.

I’m happy for Kudinova, but the Russian judge is a well-intentioned ethics dunce. His solution does as much damage as good.

2. “Thanks, Mom and Dad…and bite me.” The parents of GOP Senate candidate Kevin Nicholson each gave $2,700, the maximum allowed, to the primary campaign of the Democrat their son is challenging, Senator Tammy Baldwin. Continue reading →

The FIRE’s Ten Worst Colleges For Free Speech, 2018

/ Jack Marshall / 15 Comments

The Foundation for Individual Rights in Education (The FIRE) is the heroic non-partisan, non-profit that does a lot of the work the ACLU should be doing, but doesn’t. The list (those with links are the colleges covered in 2017 Ethics Alarms posts):

Rensselaer Polytechnic Institute (Troy, N.Y.)

Drexel University (Philadelphia, Pa.)

Harvard University (Cambridge, Mass.)

Los Angeles Community College District (Los Angeles, Calif.)

Fordham University (New York, N.Y.)

Evergreen State College (Olympia, Wash.)

Albion College (Albion, Mich.)

Northwestern University (Evanston, Ill.)

University of California, Berkeley (Berkeley, Calif.)

Texas State University (San Marcos, Texas)

The whole, awful story of each is worth reading, especially in light of yesterday’s “Ethics Quote Of The Week.” FIRE does not rank the unethical colleges, but I’ll say this: Evergreen may be the worst of the worst, but Harvard is the most shameful.

The FIRE is one of the great ethics organizations in the nation, and deserves every citizen’s respect, support, and gratitude.