Freedom of Speech

Morning Ethics Warm-Up, 11/13/2019: Protests, Insults, Complaints And Threats

/ Jack Marshall / 32 Comments

Started this at 3:15 am.

To be honest, I’m going back to bed as soon I  post it…

1. Today’s sample of Trump Derangement: Someone calling himself “Morgan Kilgore” (not hi s real name, however) just submitted a comment in all caps, to this post from May. It reads: TRUMP IS A CROOK AND ROBINSON SAID IT VERY PLAIN SIMPLE, UNLKE THE MUELLER REPORT..YOU TRUMP SUPPORTERS ARE A BUNCH OF FOOLS,LEAD BY A FOOL AND CONMAN.IF TRUMP TOOK A DUMP ON YOUR TURKEY DINNER,YOU WOULD STILL MAKE AN EXCUSE FOR HIM AND IT’S
SAD PEOPLE,VERY SAD. HEY MAYBE YOUR CHILDREN WILL GROWN UP AND HAVE TRUMP. VALUES.

The comment makes no substantive arguments and does not attempt to rebut the post, which is pretty air tight, frankly. I get a lot of these. (“Morgan” will not be joining our discussions.) The comment is also pretty typical of what the average Trump-obsessed Facebook user posts or “likes” on a daily basis.

2.  Freedom of speech watch: Jonathan Turley, who deserves praise for relentlessly flagging and criticizing the alarming increase in anti-speech advocacy from the Left, notes,

“The doublespeak used to justify the denial of free speech is particularly chilling. The students [at Stanford] insisted that allowing people to hear [ conservative pundit Ben Shapiro]  put them at risk: “WE are tired of Stanford Administration’s complicity in putting Black, Brown, Trans, Queer, and Muslim students at risk by allowing SCR to bring Ben Shapiro to campus”…The students declared their commitment not “to allow Shapiro’s talk to go uninterrupted.” In other words, we will not allow other students and faculty listen and have a discourse with Shapiro. What is striking is how these students believe that denying free speech is a noble act — a view fueled by many faculty members who treat speech as violence or a tool of oppression. That makes being a censor sound like being a civil libertarian. You simply declare, as did the Stanford students, that this is a “harmful event” with “harmful people.” Done.

Continue reading →

Observations On The Washington Post Op-Ed, “Why America Needs A Hate Speech Law”

/ Jack Marshall / 34 Comments

Richard Stengel, a frequent contributor on MSNBC, a former editor of Time magazine, and the  State Department’s undersecretary for public diplomacy and public affairs in the Obama administration from 2013 to 2016 wrote this embarrassing, anti-free speech screed.

Observations:

1. In the past I have criticized newspapers and other publications for publishing irresponsible opinion pieces. This time, I want to thank and praise the Washington Post. Either intentionally or inadvertently, it has performed a public service by using its op-ed pages to expose the hypocrisy, intellectual bankruptcy, ethics ignorance and relentless totalitarian rot of their own ideological compatriots.

2. I might say the same about  Stengal, but he really seems to think that he is making a persuasive case. Imagine: a man whom President Obama  and his Democratic administration trusted as a high level State Department official  can make an argument like this…

Why shouldn’t the states experiment with their own version of hate speech statutes to penalize speech that deliberately insults people based on religion, race, ethnicity and sexual orientation?

Why, Richard? Oh, gee, I don’t know…maybe because “insult” is a completely subjective standard? Perhaps because Massachusetts, Vermont,California, and Oregon might decide that arguments against climate change cant is hate speech, like Holocaust denial? Maybe  because the 14th Amendment prohibits states from abridging the Bill of Rights? Continue reading →

Sunday Ethics Warm-Up, 10/27/2019: The Grant Viktor Bowen Marshall Birthday Edition

/ Jack Marshall / 21 Comments

Samara Orphanage #2, where we found our son,

It’s a good day.

On this date in 1994, my son Grant was born in Russia. His mother, who was unmarried, did not abort him as many women in her position might have and do, but chose to give him up to be cared for the state, as she declared under oath that she could not. For six months, he lived in one of the packed and underfunded orphanages in Samara, near Moscow. Samara is among the most depressing places I have ever visited, only slightly edged out on my list  by Lorton Penitentiary in Northern Virginia, now shuttered, and Lagos, Nigeria.

Our adventure adopting Grant is too long and involved to record today, but I need to do that. Boris Yeltsin was closing down international adoptions, and we were in a group of four American couples racing to rescue some kids before the gates closed for an unknown period. Children were (and are) seldom adopted in Russia by Russians, and usually they end up warehoused until they reach 18, when they are released to the street. Samara was, it is fair to say, a true hell-hole, lacking drinkable water, businesses, and basic infrastructure. The nurses and administrators running the orphanages were kind, caring and dedicated, but they were also desperate. They tried every tactic imaginable to persuade Americans to adopt multiple children. I am still haunted by the faces of the kids that were introduced to us, and who we left behind. I don’t want to think about.

After a week of being shuttled and raced around the Russian bureaucracy, bribing officials with clocks and silverware, Grace and I made it to the U.S. Embassy with our new son and the necessary papers. The documents falsely stated that he was suffering from multiple maladies, the only way an infant could be adopted by foreign parents under the existing laws. In fact, he had been the healthiest baby in Orphanage #2, a trait he has continued into adulthood. He is almost never sick.

Just like Damien in “The Omen.”

We flew back to the U.S. on the “orphan plane,” a regular Moscow-to-New York flight routinely filled with U.S. parents and their adopted Russian children. The sound of crying infants and chattering toddlers was constant the whole flight. It was glorious.

I look at Grant today, a healthy, defiantly independent, iconoclastic young man with a life of opportunities and challenges before him , and reflect upon the kind of life he would be facing in Samara had a series of accidents and random events not brought our family together.

When Grant was 6, he asked me why he was born in Russia (the little sneak had surreptitiously broken into our documents box and read his adoption papers. I told him that sometimes a loving couple’s child would be born in the wrong place, and then his or her parents had to retrieve him. That was what happened with him, I explained. Grant liked that story so much he told all his friends.

The funny thing is, although I made it up at the time, I believe that with all my heart.

Happy Birthday, son.

[It’s also a good day because on this date in 2004, the Boston Red Sox ended 86 years of frustration and won their first World Series since 1918. Grant said at the time that finally he was certain that I would never forget his birthday.]

2. How’s that minimum wage increase working out for everyone? I was in a Taco Bell last night. The chain has added computer ordering, and there was one person behind the counter. Minimum wage increases cost jobs and makes automation cost-effective. It drives small businesses to ruin, and moves low-skilled Americans from work to public assistance. All of this has been well-understood and known for decades, yet the Democratic Party and all of the current Presidential candidates still pander to organized labor the economically-challenged by making minimum wage hikes a rich-vs-poor rallying cry. Given that the increases don’t affect the rich at all and hurt the poor, I judge the advocacy and disinformation awfully close to evil. If that’s too harsh, It is certainly unforgivably unethical. Continue reading →

Saturday Ethics Warm-Up, 9/28/2019: The Search For Inspiration

/ Jack Marshall / 18 Comments

I need inspiration today…

1. No, this isn’t it…The Idiot Air Traveler. At a certain point, extreme stupidity is unethical. In China, a Xiamen Airlines passenger opened the emergency exit door of the aircraft as the plane was preparing to take off because she  felt the cabin was “too stuffy” and wanted “a breath of fresh air.”  She was arrested, and the incident caused the flight to be delayed an hour. How stupid and ignorant does someone have to be to do this? Wouldn’t you say this is signature significance indicating idiocy? Would you hire someone who did this even once? Allow her to take care of your children? Trust her with sharp objects? Allow her to buy a ticket for another plane trip?

2. Nor this.. New York City intentionally violates the Constitution. It is now against the law in New York City to threaten to call  immigration authorities on someone or refer to them as an “illegal alien” when “motivated by hate.”  A 29-page directive released by City Hall’s Commission on Human Rights announces fines of up to $250,000 per offense for, among other things, “the use of certain language, including ‘illegal alien’ and ‘illegals,’ with the intent to demean, humiliate, or offend a person.”  Mocking people because of their accents or grasp of English is also a crime now in the Big Apple. So is threatening to call ICE.

“In the face of increasingly hostile national rhetoric, we will do everything in our power to make sure our treasured immigrant communities are able to live with dignity and respect, free of harassment and bias,” said Carmelyn Malalis, the agency’s commissioner.

Maybe the whole set of new regulations isn’t unconstitutional, but the ones focused on “hate speech” certainly are. The city is simply declaring its contempt for the First Amendment with this stunt.

3. I guess this is kind of inspiring...When it pays to be trans. The old Saturday Evening Post used to have a feature called “The Perfect Squelch,” regaling its readers with a witty comeback or rejoinder that left an adversary defeated and demoralized. It wouldn’t have printed this one, but I can’t imagine a better example of the genre. This is Faye Kinley… Continue reading →

The Sequel To The “It’s OK To Be White” Stickers: “Islam Is Right About Women” Flyers

/ Jack Marshall / 25 Comments

In Winchester, Massachusetts (right next to my old home town of Arlington!)  flyers reading “Islam is RIGHT About Women” suddenly appeared around the town, fastened to trees, utility polls and street signs in the familiar manner of those “lost cat” notices.

An “alarmed” woman brought two flyers to the Winchester Police Department, and officers subsequently found eight more, including one that was posted outside of an elementary school. The flyer presented multiple dilemmas. Police said the signs were not threatening and considered free speech. But because they were placed on town property, the flyers technically violated town ordinances. Yet those lost cat flyers were always allowed to remain.

Some residents were adamant that the signs should come down: one who spoke to a local TV station, Jim Leary, said, “Putting signs up that make people feel uncomfortable is unfortunate, particularly in this time and age.”

Really? Sounds like you’re not too fond of free speech, Jim!

The police took the flyers down. Constitutional law professor Eugene Volokh wrote, citing Members of the City Council v. Taxpayers for Vincent (1984), that the content of the flyers’ message  is constitutionally protected, but that the city could take down the ones that violated town law  so long as it wasn’t discriminating based on the viewpoint of the signs.  But of course it was, since the lost cat flyers were never taken down.

What’s going on here? The Professor played dumb, writing, Continue reading →

Sunday Ethics Warm-Up, 9/8/2019, As Tumbleweeds Roll Through The Deserted Streets Of Ethics Alarms…

/ Jack Marshall / 57 Comments

Is anybody out there?

1. What’s going on here? The AP deleted a tweet on September 5 tweet attributing the murders of Israeli athletes  to undefined “guerrillas.” Someone complained: it then tweeted, “The AP has deleted a tweet about the massacre at the 1972 Munich Olympics because it was unclear about who was responsible for the killings and referred to the attackers as guerrillas. A new tweet will be sent shortly.” Finally, this was the tweet decided upon:

“On Sept. 5, 1972, the Palestinian group Black September attacked the Israeli Olympic delegation at the Munich Games, killing 11 Israelis and a police officer. German forces killed five of the gunmen.”

2. Wait: ARE there really “AI ethicists,” or just unethical ethicists grabbing a new niche by claiming that they are any more qualified for this topic than anyone else?

From the Defense Systems website:

After a rash of tech employee protests, the Defense Department wants to hire an artificial intelligence ethicist. “We are going to bring on someone who has a deep background in ethics,” tag-teaming with DOD lawyers to make sure AI can be “baked in,” Lt. Gen. Jack Shanahan, who leads the Joint Artificial Intelligence Center, told reporters during an Aug. 30 media briefing.

The AI ethical advisor would sit under the JAIC, the Pentagon’s strategic nexus for AI projects and plans, to help shape the organization’s approach to incorporating AI capabilities in the future. The announcement follows protests by Google and Microsoft employees concerned about how the technology would be used — particularly in lethal systems — and questioning whether major tech companies should do business with DOD.

I’m hoping that the Defense Department isn’t doing this, as the article implies, because some pacifist, anti-national defense techies at Microsoft complained. [Pointer: Tom Fuller]

3. Campus totalitarians gonna totalitary!  University of Michigan students and alumni aare demanding that the University to sever ties with real estate developer Stephen M. Ross , who is the largest donor in the University’s history. This would presumably include removing his name from  Ross School of Business, which he substantially funded. (His name is on other buildings as well) Did Ross rape women willy-nilly? Has he been shown to be racist? No, he held  a re-election fundraiser for the President of the United States. Continue reading →

One More Time: A Correct Decision Because There Is A Right To Be A Jerk, Even Though Being A Jerk Isn’t Right

/ Jack Marshall / 34 Comments

This decision should have been easy; it should not have has to go to an appeals court.

Carl and Angel Larsen (above) operate the Telescope Media Group, a Minnesota videography company.  In 2016, they claimed  Minnesota’s anti-discrimination laws required them to make videos of same-sex marriages, which they say their religious beliefs oppose. They challenged the Minnesota Human Rights Act as unconstitutional. The relevant provisions state,

“…It is an unfair discriminatory practice . . . to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation because of . . . sexual orientation.

…It is an unfair discriminatory practice for a person engaged in a trade or business or in the provision of a service . . . to intentionally refuse to do business with, to refuse to contract with, or to discriminate in the basic terms, conditions, or performance of the contract because of a person’s . . . sexual orientation . . . , unless the alleged refusal or discrimination is because of a legitimate business purpose…”

The Larsens told the lower court that they wanted to make films that promote their view of marriage as a “sacrificial covenant between one man and one woman.” Thus they will only film heterosexual  weddings, to “capture the background stories of the couples’ love leading to commitment, the [couples’] joy[,] . . . the sacredness of their sacrificial vows at the altar, and even the following chapters of the couples’ lives.” They also, they said,  intend to post and share these videos online, in order to “affect the cultural narrative regarding marriage.”

 U.S. District Judge John Tunheim  dismissed their case, comparing  their stated mission of  promoting marriage as a bond between one man and one woman was comparable to posting a sign that said “white applicants only.”

Bad opinion, bad logic, bad judge. The couple made clear that they will “gladly work with all people—regardless of their race, sexual orientation, sex, religious beliefs, or any other classification.” However, as ” Christians who believe that God has called them to use their talents and their company to . . . honor God,” the Larsons decline any requests for their services that they feel conflict with their religious beliefs, and so state in their promotional materials.

In a 2-1 decision,  the three-judge panel of the Eighth Circuit reversed, ruling that the Larsons have a First Amendment right “to choose when to speak and what to say.”

Of course. While one may argue whether a cake is “speech” under the First Amendment, there is no persuasive argument that a video or film is not protected communication and speech by definition. The opinion cited the U.S. Supreme Court’s 1995 landmark decision in Hurley vs. Irish American Gay, Lesbian, and Bisexual Group of Boston, noting that the Court “drew the line exactly where the Larsens ask us to here: to prevent the government from requiring their speech to serve as a public accommodation for others.”

As with the various baker and wedding photo cases, I find the Larson’s conduct obnoxious, divisive and unnecessary. How does simply filming a wedding—I don’t care if it’s between a man and a musk-ox—constitute an endorsement, support, or a violation of their religious beliefs? It doesn’t. It can’t. Refusing to make a video of a wedding is an insult to any couple that requests it, and cruelly implies that they are less than worthy of association. Sure, the videographers have a right to withhold their services, but they are being jerks to do so. This is a Golden Rule matter. A law shouldn’t be necessary.

However, the Larsons should have the choice of whether to be good, ethical members of the community, fair and compassionate, and not be forced to act the way the State thinks they should act, even if the State happens to be correct, under threat of  90 days in jail and up to $25,000  in fines. Continue reading →

Monday Morning Ethics Warm-Up, 8/26/2019: Bad Business And Bad Businesses

/ Jack Marshall / 17 Comments

Whoa! A morning surprise!

As I commented on yesterday’s warm-up, traffic on Ethics Alarms was discouraging slow all weekend, which, as some of you know, makes me re-evaluate my priorities and ponder throwing myself into the shredder. Then, I discover, at some point last night the Mitch McConnell post was linked someplace that has a much bigger audience than I have, and just like that, the blog got more visitors in a couple of hours as the weekend weekended than it had in the previous two days. As is usually the case, it is impossible to find out where the referrals are coming from (except I know they aren’t from Facebook!), virtually none of the new visitors are commenting, and the temporary avalanche spawns few new followers, if any. I never know when this is going to happen, and it almost never occurs with the essays I am most proud of or consider especially important.

1. Of course they booed. They’re NFL football fans. This means they have the ethics of army ants. Andrew Luck, the star quarterback of the Indianapolis Colts, stunned the sport with his unexpected decision to retire from the NFL, even though he is only 29 and completed a stellar campaign in 2018. The reason: he doesn’t want to end up crippled or a vegetable from the abuse his body and brain have absorbed and will continue to the longer he stays on the field. not having them anymore after the way fans in Indianapolis treated him after the  on Saturday.

As Luck began to make his way off the field following the 27-17 loss in the Colts’ preseason game against the Bears, fans at Lucas Oil Stadium started to boo their former quarterback because the news of Luck’s retirement broke during the fourth quarter of the game. Of course they booed. Anyone who watches the NFL and supports an NFL team by purchasing tickets, merchandise, or inflating league ratings by watching the games on TV has signaled that they are perfectly happy to encourage young men to ruin their bodies and minds for their selfish entertainment, safe in their seats or on their living room sofas.

2. More on the Left’s undemocratic effort to stifle free speech and opposition to its agenda…Tucker Carlson—I am not a fan, you will recall—returned to his Fox News show after a vacation that seemed more like a retreat from fire to find that the Media Matters-led sponsor boycott  of his show had taken more chunks out of his sponsor base.  Continue reading →

Late-Starting Blogging Ethics Warm-Up, 8/21/2019: The Good, The Bad, And The Ugly

/ Jack Marshall / 38 Comments

Well, today can’t be worse than yesterday.

That’s something.

1. I got scammed yesterday. Somehow I missed various warnings that were repeated on yesterday, and picked up the phone when caller ID showed “Social Security Administration” and a number I recognized as the agency’s. A recorded message told me that my account had been suspended due to “suspicious action” that had prompted a response by three Federal law enforcement agencies, and if I wanted more information and to talk to an agent, I should push “1.” Like an idiot, I did.  Whoever wrote the scammer’s script knew their stuff. I got a case number, was informed that the discussion was being recorded; the agent spelled his name (Which he said was “Jerry Brown.” He sounded more like Jose Jimenez, but I asked if he was the former governor of California. (He laughed: scammers have senses of humor!) Of course, he had me “confirm” my SS number, name, and mailing address. He read a long statement that he said was an excerpt from the Justice Department warrant shutting down my account. It included two addresses in El Paso that I was asked about. It was at this point that my wife ran into my office like that fat guy runs into the middle of NORAD in “War Games” screaming that the nuclear attack is just a computer simulation, screaming, “Hang up! It’s a scam!” SHE did see the warning earlier in the day. (“NOW you tell me?”)

I reported the call to the Inspector General’s office at Social Security, as a hot line instructed me to do. I was told that, yes, that was the new scam they had wramed about, and that the next step was going to be to ask me to reveal credit card numbers, bank accounts and to send money. “They would ask you to send a money order or Google Gift Card, if possible,” I was told. “Everything you heard is a set-up to get to that point.”

“You know, as stupid as I am, I’m pretty sure that even I would figure out it was a scam if the a Social Security Administration agent asked for a Google Gift card,” I answered. She laughed. I may never laugh again.

2. Nah, the Left isn’t trying to undermine Freedom of Speech!

But wait! There’s more…

  • Here’s New York Governor Andrew Cuomo threatening anyone who says things he doesn’t like: “Don’t you dare liken my family to the family you saw in ‘The Godfather’ or ‘The Sopranos…Don’t you glorify it. And don’t you repeat it, and don’t you institutionalize it.” And what will you and the government you represent do about it, if we “dare,” Governor?

This kind of threat from a government official is a direct attack on free speech. Of course, big brother Andrew was just playing Sonny Corleone to back poor brother Fredo, but the irony of someone talking like a Mafia thug while threatening anyone who makes the comparison is striking.

3.  What courage! What honesty! Several Democratic presidential candidates were asked at the Iowa State Fair if they  denounced the Antifa, which Republican Senators. Ted Cruz (TX) and Bill Cassady (LA) want to have officially labeled as a “domestic terrorist organization.”

Senator Kirsten Gillibrand answered by saying, “I don’t know who Antifa is.”

She really did. (So did Jay Inslee, but my interest in fringe Democratic candidate pandering extends only so far.)

Gillbrand’s chances at the nomination are nil (GOOD), but this exemplifies what a weasel she is. Either this is a bald faced lie, or she has been asleep for the last three years, which does not speak well of her competence, diligence, or judgement.

Two candidates with even less of a chance than Gillibrand ,Yang and Gabbard, were the only candidates to unequivocally condemn the antifa.

“Why is everyone against antipasto?” Joe Biden asked in response to the question. “I love that stuff! Especially the cheese and those hot peppers! Our great Italian immigrants brought that yummy dish to our nation!”

OK, I’m just kidding.

Sort of.

4. A nice parking lot moment. I was sitting in the car waiting for my wife to pick up a prescription at the local CVS. I opened the windows, and the Beatles Channel burst for the “When I Saw Her Standing There,” one of my all-time favorites, and also as joyful and unrestrained a pop anthem as has ever been recorded. (Ringo is at his best on this one.) I turned up the volume. A wite-haired man in a huge moustache left the CVS and got into the car next to me, and started to pull out. Then he reversed direction and rolled down the window, beaming. “1964!” he said. “Now that’s hard core British invasion! Boy, did that song make us happy. Thank you for that memory…You made my day!”

And he drove off, waving. I will probably never see him again

Comment Of The Day: “Open Forum!”

/ Jack Marshall / 18 Comments

Aaron Paschal’s Comment of the Day is on a topic that comes up here often, the distinction between having a right to do something, and claiming it is right to do it. It also is relevant to the weekend post about objections at my ethics seminar to my referring to Harvey Weinstein as an asshole. The student Aaron describes in his comment also earned that sobriquet, and it is descriptive, not uncivil, to employ it. (Aaron uses the lesser term “jackass,” which I view as inadequate under the circumstances.)

Here’s Aaron’s Comment of the Day from the recent “Open Forum!” (I’ll be back at the end):

My wife took my son to his college registration day yesterday. The parents were separated out from the kids, and so she sat her laptop down by a balcony outside the Starbucks at the student center.

While she sat there working, a young college – I’ll call him a guy – walked up to her, complimented her laptop, then proceeded to climb on top of her table to scale the balcony wall and reach the Starbucks. She protested “can I help you?!?” As he stood, to which he only responded “nah, you’re just in my way”

Shortly after this, he placed his order and stood at the balcony rail over her head, and struck up a conversation with a friend on his cell phone about anal sex and the delightful anal rape videos he had watched online recently. A nearby man shortly had enough of this, as he was visiting with his 3 year old and 7 year old children, who were also listening to the conversation.

Upon being confronted, the young college student exploded in indignation, affirming that he had first amendment rights to say what he wanted in public, and how the others were racist against him due to the fact that he was gay. When asked to calm down, he began chanting “free speech” and “you don’t have a problem with your president talking about PUSSY, do you?” Continue reading →