Freedom of Speech

Comment of the Day: “The Case of the Mildly Profane Valedictorian”

/ Jack Marshall / 13 Comments

Thank you, Lorraine. Just…thank you.

Short, concise, to the point and irrefutable, the Comment of the Day by new commenter Lorraine M. (a lawyer, and a good one–she’s an old friend) settles the looming mystery in the “heck-hell” controversy over an Oklahoma student’s Valedictorian address at graduation, by going to the source: a passage in one of the “Twilight” films that Kaitlin quoted. A battle has been raging in the thread on the original post over whether I was right to hold that she owed the school an apology for using mild profanity in front of the assembled parents at the Prague High graduation ceremony, and it was beginning to look like I was going to have to watch “Twilight” to settle the matter. Saving me from that horrible fate alone warrants this being the Comment of the Day, on the post The Case of the Mildly Profane Valedictorian.

“In the Twilight movie, the graduate making the speech uses the word “hell.” Kaitlin Nootbaar’s written version of her speech substituted “heck.” Her conscious decision in this regard strongly suggests that Kaitlin knew that “hell” was inappropriate in the context of her graduation speech or, at the very least, likely would be considered inappropriate by school authorities. Any claim otherwise at this point is highly suspect. An apology is warranted.”

Yes, it is.

The Case of the Mildly Profane Valedictorian

/ Jack Marshall / 70 Comments

Time to apologize, Kaitlin. What the hell.

Kaitlin Nootbaar graduated from Prague (Oklahoma)High School in May and was named valedictorian, for her grades were exemplary. As is the policy, she submitted her planned graduation day speech to the school administration. It contained this passage, apparently a reference to the “Twilight” films:

‘When she first started school she wanted to be a nurse, then a veterinarian and now that she was getting closer to graduation, people would ask her, what do you want to do and she said how the heck do I know? I’ve changed my mind so many times.’”

In the excitement of the moment (she says) Kaitlin said “hell” instead of “heck.”

To her shock, the school’s principal informed her that it would withhold her diploma until she formally apologized. Her father is backing his daughter completely, and argues that this is illegal, and infringes on Kaitlin’s right to free speech.

I almost made this an Ethics Quiz, with a multiple choice answer to the question, “Who is in the wrong?”  The options:

a) Kaitlin

b) Her father

c) The school

d) All of the above

e) None of the above Continue reading →

The Homophobic Counselor, the Ethical Bigot, and the One-Legged Tarzan

/ Jack Marshall / 23 Comments

Jennifer Keeton was expelled from the graduate program at Georgia’s Augusta State University in 2010 because her Christian religious convictions dictate that homosexuality is sinful and voluntary conduct, rather than an innate sexual orientation. A court upheld the school’s right to expel her on the basis that her beliefs made it impossible for her to meet their counseling standards, which the court ruled were neutral, and did not discriminate against her speech or religion.

The case may raise legitimate constitutional issues. The Alliance Defense Fund (ADF), a conservative legal group, and Constitutional Law professor Eugene Volokh (of Volokh Conspiracy fame) are assisting Keaton as she attempts to get reinstated. Ethically, however, I don’t think she has a leg to stand on.
In fact, I think her position resembles the old Dudley Moore-Peter Cook comedy routine where Moore is one-legged amputee who cries foul at being “discriminated against” by a film director who refuses to consider him for the role of Tarzan:

Similarly, how can a counselor claim to be able to provide full and competent services when her attitude toward gays dictates an unsympathetic, hostile and scientifically discredited point of view? Continue reading →

A Journalist’s Integrity: “To Hell With Of Freedom of the Press— MY Interests Are At Risk!”

/ Jack Marshall / 5 Comments

Andrea, in her alternate "news censorship is bad" persona

Earlier this year, Andrea McCarren, a reporter with D.C.’s WUSA Channel 9 News, did a controversial special report om under-age drinking in the upscale Washington suburb of Bethesda, Maryland, with special focus on how parents excused and facilitated the law-breaking. She was subjected to a deluge of hate mail and online attacks for her story, and her children, who go to a Bethesda high school, were mocked and harassed by other students. The incident and the uproar had finally calmed down, when the school paper at Bethesda-Chevy Chase High, where the McCarren children are enrolled, decided to publish a feature about the episode.

McCarren—journalist, champion of the public’s right to know and the dedicated defender of the First Amendment—called the school’s principal and persuaded her to confiscate issues of the paper that had not yet been distributed, and to demand that students who already had copies return them. Why? Was the story false, libelous, or misleading? No. Was it a legitimate news story with relevance to the school? Of course.

McCarren had the school paper censored because she had the power and influence to do it, and because she felt that the story could have inconvenient and unfortunate consequences for people she cared about. Continue reading →

Nipping A Terrible Idea In the Bud

/ Jack Marshall / 21 Comments

God bless America.

In policy debates over contentious issues like abortion, national health care, and capital punishment, a common argument, brandished like a flag , is that the United States is out of step with the rest of the world. My reflex reaction to that claim, when I can resist the impulse to say, “Good!”, is to point out that the rest of the world has never lacked for enthusiasms for terrible ideas, and the United States, by going in its own direction, has often been unique, innovative, and right.

Still, a bad idea abroad will inevitably inspire some enterprising social architect here to propose it, and a legislator to try to make it law. Thus, when possible, it is wise to try to identify and reject the most sinister examples of Europe being Europe before anyone here starts trying to play “me too.” In the case of Europe’s current push to create a so-called “right to be forgotten” on the internet, some very effective critics are on the case. Continue reading →

Henry James, Mis-Matched Neighbors and the Naked Silhouette

/ Jack Marshall / 6 Comments

Like most people, I grew up being told that it was dangerous to hitch-hike, because of the many predatory drivers waiting to pounce, and also never to pick up hitch-hikers, because some of them were serial killers. I always seemed to me that the odds favored an eventual convergence in which a psychopathic motorist picked up a murderous hitch-hiker. I wonder what happens then.

Neighbor disputes are often like this: pure chance places very different  people side-by-side, one an inconsiderate boor, and the other an intolerant jerk. We know what happens then: exactly what has happened in Great Falls, Montana.

Brian Smith objects to the large decal on neighbor Shanna Weaver’s car. The decal portrays a white silhouette of a naked woman. To him, it’s pornography, and he objects to have to look at it.  “My upbringing dictates that the human body is a sacred thing, not something that should be put on display,” Smith said. Weaver, however, is not inclined to remove it. “It’s my freedom of speech, which he can’t take away,” Weaver says. “It’s no different than the mud flaps that you see on trucks.”So Smith filed a complaint against Weaver for violating the local anti-pornography ordinance, which was a stretch. [In an earlier version of this post, it wa stated that Weaver sued him for harassment, and was thrown out of court. That was in error, and Ethics Alarms apologizes for its mistake.] Continue reading →

Bonus Comment of the Day: “Naming Your Kid After Hitler…”

/ Jack Marshall / 6 Comments

"Be proud of your name, little Adolf! It has a nice ring to it--sounds like someone important! And tell your little friend Joe Mengele that HIS name is fine, too. What's that? Well, sure we can go to Poland for your Spring Break! What a novel idea!"

I couldn’t resist this one, since I needed a hammer to close my mouth after I read it, because my jaw locked. The opinion is ridiculous, of course, but the comment is still enlightening: this is what happens when essentially good and virtuous instincts blind logic and common sense. The number of unethical, or just plain stupid things that occur when this happens is one of the tragedies of life. Or, to take a more charitable view, such a comment is what happens when someone has an essentially ethical position but picks the most inappropriate platform for it imaginable, and in trying to squeeze an important sentiment where it doesn’t belong, ends up discrediting an otherwise valid point. (Don’t do that.)

Here is Allan’s Special Bonus Comment of the Day, on Naming Your Kid After Hitler: 100% Legal, 100% Child Abuse. Hold on to your jaw: Continue reading →

Comment of the Day: “Naming Your Kid After Hitler: 100% Legal, 100% Child Abuse”

/ Jack Marshall / 2 Comments

Moon Unit Zappa: Only in America!

Site quotemaster and resident pedant Tom Fuller comes through with a rare comment of his containing no quotations whatsoever! (Tom is, among other things, a contributor and researcher for The Yale Book of Quotations.) He adds some useful perspective on the issue of naming children, in his Comment of the Day to yesterday’s post, “Naming Your Kid After Hitler: 100% Legal, 100% Child Abuse.”  I must point out that “Choo Choo” was not the 1962 Mets catcher’s real name, any more than Red Sox pitcher Dennis Boyd was really named “Oil Can.”

Here it is Tom’s comment:

“This is a good illustration of how America’s concept of free speech is such an unusual legal and cultural norm. In many countries, including Germany, a child’s name must be legally approved in advance (in Germany, by the Standesamt — office of vital statistics).

“By German law, a child’s name has to meet two conditions: (1) it must reflect the sex of the child, and (2) it must not endanger the ‘well-being of the child.’ No “Moon Unit” Zappa, no “Choo Choo” Coleman, and — especially — no “Adolf” anybody, unless the local office says “OK”.

“According to wire service reports, hundreds of Algerians wanted to name their babies “Scud” during the 1991 Iraq war, but the local officials nixed the idea.

“My point? Only that Americans are often more likely than those in other countries to regulate speech and behavior in ways other than by prior legal restraint — like ethics, which is what this odd corner of the Web is all about. Sadly, as history has shown, when ethics fails, many people turn to the law to fix things. It doesn’t always work.”

Naming Your Kid After Hitler: 100% Legal, 100% Child Abuse

/ Jack Marshall / 20 Comments

Ironically, HIS parents wanted to call him "Stinkface Frankenstein-Poopiebottom," but thought better of it.

Not surprisingly, a New Jersey Court has found Heath and Deborah Campbell innocent of child abuse charges for naming their children “Adolf Hitler” and “JoyceLynn Aryan Nation.”

I agree. The law can’t limit parents’ rights to determine their offspring’s names, which come squarely come under the category of free speech. Unfortunately, these names say “Hate me,” “Shun me” and “Beat me up.” It may be funny to hear a song about a father who names his boy “Sue” to make him grow up tough, but inflicting these names on helpless children is no laughing matter. It is child abuse, there’s no question about it. It is just child abuse that the state has no way to stop. If parents don’t have the sense, fairness, compassion and decency to avoid burdening children with names that virtually guarantee that they will be outcasts, miserable and severely maladjusted, there is no law that can force them to do it. And since parents who think it’s dandy to name a child after Der Führer by definition don’t have common sense, fairness, or decency, the kids are out of luck. Continue reading →

Comment of the Day: “Look Out! There’s a Speed Trap Ahead!”

/ Jack Marshall / 1 Comment

Veteran commenter Tim LeVier updates an older Ethics Alarms post about the ethics and law regarding the practice of flashing headlights at oncoming cars on the highway to warn them of speed traps. Police had been ticketing the flashers; I said that this was wrong, there being no law against the practice, but that warning law-breakers of a police presence was poor citizenship and unethical nonetheless.

I still feel that way, but insufficiently considered other reasons, ethical ones, that might prompt the same conduct. Tim, while pointing us to a more recent story on the topic, remedies my failure….as he has before. As usual, I am grateful.

Here is his Comment of the Day on Look Out! There’s a Speed Trap Ahead!:

“…A couple of points: Continue reading →