Freedom of Speech

Ethics Hero: David Letterman

/ Jack Marshall / 1 Comment

No Free Speech weenie he. Yale, take note.

I stopped watching David Letterman years ago, when I learned that he was an unapologetic serial sexual harasser.  I don’t like to patronize the work of professionals, however talented, who should have been fired and would have, if their employers had any integrity. As a result, I missed Letterman’s ascent into ethics hero territory. It pains me to admit this, since I neither like nor generally respect him, but that is where David Letterman belongs.

On the June 5, 2011 edition of “The Late Show with David Letterman,” the host smilingly pulled his finger across his throat to note the U.S. military’s reported killing of Ilyas Kashmiri, an Islamist terrorist who was one of the organizers of a deadly attack in India that killed and wounded hundreds of innocent civilians. On a roll, Letterman made a joke about Osama bin Laden’s death as well.A group of radical Islamists took offense, and in a posting on the Islamist web forum Shumukh al-Islam, called for Letterman’s murder, urging the eventual assassin to cut out Letterman’s tongue.

Continue reading →

“Look Out! There’s a Speed Trap Ahead!”

/ Jack Marshall / 41 Comments

Who is your ally, the speeding motorist, or the traffic cop?

A lawsuit filed this week claims that 2,900 motorists were illegally ticketed in Florida between 2005 to 2010 for flashing their lights at oncoming, and speeding, cars to warn of speed traps ahead.  Apparently the police have been giving tickets to drivers sending a friendly “Cheese it! The cops!” message to scofflaws, in solidarity against the hated men and women in blue without benefit of an applicable statute.  The matter came to light when a college student on her way to school  spotted two  police officers on the side of the road and flashed her headlights to warn other drivers about the speed trap ahead. A police car pulled her over and the officer wrote her a ticket, saying she’d just broken the law by flashing her lights. She challenged the ticket and won, giving an enterprising lawyer an idea for class action lawsuit.

There is no Florida law that prohibits light-flashing, says Oviedo, Florida attorney J. Marcus Jones. He claims officers are simply misapplying a law that was designed to prohibit drivers from adding after-market emergency lights to their vehicles. He also claims that  officers writing those tickets are violating a driver’s constitutional right to free speech. If motorists want to flash their lights to warn about a speed trap ahead, they are free to do so, according to his suit.

Hmmmm. Continue reading →

Buck Foston’s Ethics

/ Jack Marshall / 14 Comments

News Item:

“A New Brunswick businessman has filed suit in federal court, charging New Brunswick Mayor James Cahill is holding up approval of his liquor license for a new high end sports bar because he doesn’t like the bar’s proposed name — Buck Foston’s. Larry Blatterfein, who has owned the Knight Club, a bar on Easton Avenue, for 30 years, charges Cahill is violating his first amendment constitutional right to free speech by holding up the transfer of a second liquor license to Blatterfein from another restaurant in town.”

The story goes on to say that the mayor denies the accusation, that the name has nothing to do with the planned establishment’s problems. Maybe not. Continue reading →

The Attack of the Grievance Bullies Continues…on “Napoleon Dynamite”???

/ Jack Marshall / 1 Comment

So...I guess "Tropic Thunder" is out of the question, right?

A bulletin from the Austin (Texas) Parks Foundation:

“The Austin Parks Foundation is canceling tonight’s (Wed, 5/25) showing of Napoleon Dynamite at Republic Square. A new movie will be shown next month. A number of people contacted us objecting to a word used by actors in the movie. We didn’t recall that this word was used and we did not mean to offend anyone. Our apologies for this as well as for the last minute cancellation.”

The PG movie, you see, about a maladroit teen, upset advocates and defenders of the mentally challenged, or whatever code words are deemed politically correct these days–I haven’t checked my “Offense-O-Meter” in the last couple days—because one of the characters uses the word “retarded” exactly once…not to describe someone who is actually laboring with a disability, mind you, but to insult his friend, as teenagers are wont to due, and as they were especially wont to do in the Eighties, when “retarded” was used the way my generation used “spaz.” In other words, there was no justification whatsoever for either the complaint or the movie’s cancellation. Continue reading →

Ethics Heroes: The U.S. Supreme Court

/ Jack Marshall / 17 Comments

As the perfect tonic for all the attempts to silence Gilbert and Sullivan songs with controversial lyrics, reject bus ads espousing controversial positions, and declare that words like “target” are just too darn inflammatory for the sensitive, politically-correct ears of CNN viewers, here comes the U.S. Supreme Court, galloping to the rescue with a near unanimous (8-1), ringing reaffirmation that free speech is a bastion of American democracy, even when the speaker or speakers are vicious, unfair, cruel, radical and deluded. Continue reading →

“Keeping It” in Seattle: Flunking the Duty To Stand Up To Anti-Speech Bullies

/ Jack Marshall / 12 Comments

Could it be time for an “Everybody Beat on Israel Day”?

Count me out. Still, there is finally an instructive example of bullies who don’t embrace radical Islam causing First Amendment timidity, and raising ethical issues too.

Seattle’s Department of Transportation sells advertising on city buses. When the “Seattle Mideast Awareness Campaign” bought space to condemn Israel’s policies with ads headlined,‘Israeli War Crimes: Your Tax Dollars at Work’ featuring a picture of children next to a bomb-damaged building,” the Department was flooded with protests by Jews and Israel supporters. Most of them were stern, indignant or argumentative, but about 25 conveyed an intention to disrupt or vandalize buses,take violent measures, or suggested that bus riders would soon be at risk.” Some examples:

  • “If you want to see how tough Jews can be, then go ahead and run those despicable ads and we’ll see who has the last word on this. If you run these ads, we will work together with our Jewish friends and others to shut Metro down.”

Maybe Lies Aren’t Protected Speech After All…

/ Jack Marshall / 4 Comments

This week, in United States v. Robbins (W.D. Va.); a district court disagreed with previous court opinions this year holding that the Stolen Valor Act, which makes it a criminal act to falsely represent that one had been awarded a military honor for valor on the field of combat, was a violation of the First Amendment guarantee of free speech: Continue reading →

Julian Assange: Not a Hero, Not a Terrorist, Not a Criminal, Just an Asshole

/ Jack Marshall / 14 Comments

I know. Well, sometimes a vulgar word is the most accurate we have.

Our definition of journalism has yet to catch up with the cyber age, and freedom of speech does not distinguish among blogs, newspapers and dissidents. What ensures responsible use of First Amendment rights is ethics, not law. America allows journalists to act as information laundries, taking material that a private citizen was bound not to reveal by law, contract, or professional duty, and to re-define it to the world as what “the public has a right to know,” defined any way the particular journalist finds appealing.

Despite all the fulminating and condemnations by the likes of Mitch McConnell and Newt Gingrich on the Sunday talk shows, the U.S. can’t make Wikileaks founder Julian Assange a terrorist just by calling him one, nor can it fairly declare him a criminal for accepting the product of the unethical and often illegal acts of leakers, and making it public, just like the New York Times has done on many occasions…not under current laws.  Bradley Manning, the U.S. soldier who leaked many of the secret documents, is certainly a criminal. So was Daniel Ellsberg, who, to nobody’s surprise, is cheering Assange on and attacking his critics. . Assange, however, is not a criminal. He has not revealed any information that he accepted in trust while  promising not to reveal it. He is no more a criminal than the New York Times, if the New York Times was published in Hell. Continue reading →

The Internet Censorship Bill and Escalating Abuse of Government Power: Why Do We Continue to Trust These People?

/ Jack Marshall / 4 Comments

Yesterday, the Senate Judiciary Committee unanimously approved a bill giving the U.S. Attorney General the power to shut down any website with a court order, if  he determines that copyright infringement is  “central to the activity” of the site.  It doesn’t matter if the website has actually committed a crime, and there is no trial, which means that the law is a slam dunk violation of the U.S. Constitution.  The Combating Online Infringement and Counterfeits Act (COICA) is a little goody bought by the lobbyists and PACs of Hollywood, the recording industry and the big media companies, to block the rampant internet file sharing that has cost them a lot of money in lost sales and profits over the past decade.

I am adamantly opposed to filesharing and the ethically dishonest arguments used to defend it, most of which begin with “Everybody does it.” I sympathize with the artists whose work is being stolen, and the companies who have complained to Congress. But all the strong condemnation of filesharing by lawmakers and corporate executives doesn’t change a central fact: the Constitution says you can’t do what COICA allows. It says this in at least two places: the First Amendment, which prohibits government interference with free speech, and the Fifth Amendment, which decrees that property can not be taken from citizens without Due Process of Law. A law that lets a government official just turn off a website without a hearing or showing of proof? Outrageous. and unconstitutional. Continue reading →

Why Future Juan Williamses Will Be Fired, As George Mason Rolls Over In His Grave

/ Jack Marshall / 5 Comments

College speech codes are the American Left’s special shame, and it the time for them to go the way of parietal hours and mandatory chapel attendance is overdue. There are monstrosities of thought control in schools across the nation, but those in state universities are especially offensive and ominous, since they are in slam-dunk defiance of the First Amendment prohibiting government restrictions on speech. As Barton Hinkle notes in an eye-opening piece in the Richmond Times-Dispatch, not only are state schools stomping on free speech, state schools dedicated to the legacy on the men who wrote the First Amendment are doing it. If there is anything more unethical  than educators stifling thought and the expression of it, that would be it. Continue reading →