government suppression of free speech

Comment Of The Day: “Don’t Cheer Mississippi’s Westboro Baptist Tactics Too Loudly: You Never Know Who Might Hear You”

/ Jack Marshall / 16 Comments

An Ethics Alarms commenter with the evocative screen name of Fuck you, who is a bit behind on his surfing, or perhaps a really, really slow reader, was moved to author today’s Comment of the Day on a post from seven years ago regarding the tactics used by Mississippi law enforcement to foil a legal demonstration by Fred Phelps’ merry band of homophobes.

Why is this a Comment of the Day? It perfectly embodies the rudimentary, lizard-brain level of ethical analysis that predominates in the public, in much of the media, and among our elected officials. It is helpful, to me at least, to read such comments, for this is exactly the find of gut-level, emotion-based, legally and ethically ignorant reaction that my work exists to overcome. I’ll have more to say after the Fuck You has his say.

As an aside, it was nostalgic reading the names of the commenters on the original post. There, for example, fighting as usual, were liberal logic-cop tgt and uber-conservative Stephen Mark Pilling. Ah, those were the days…

Here is Fuck You’s Comment of the Day on the post, Don’t Cheer Mississippi’s Westboro Baptist Tactics Too Loudly: You Never Know Who Might Hear You—I’ll be back at the end:

Fuck you for this comparison. I know I’m coming in years later with this and I hope that others have already expressed a similar sentiment. I also understand the point you are trying to make. But still FUCK YOU. I sincerely hope that if you ever lose someone dear to you, these fucking hatemongers show up and protest that person’s funeral. FUCK YOU. Yes they have a right to protest but this type of shit should definitely qualify as a reasonable restriction, like yelling fire in a crowed theater.

FUCK YOU. This comparison is not only an insult to the Marine in question but also to the civil rights activists from decades ago that you just compared to the fucking WBC. FUCK YOU.

Once again Fuck you, you goddamn scum ass mother fucker. Oh, and FUCK YOU.

Continue reading →

Ethics Quote of the Week: The Washington Post Editors

/ Jack Marshall / 3 Comments

Clear out, everybody! Ann Miller wants to honor Thomas Jefferson!

“Aggrandizing what amounts to a stunt based on misinformed views of the First Amendment cheapens the real and courageous achievements of those who advance the causes of civil rights by refusing to comply with immoral laws”

—–The Washington Post, in an editorial entitled “Dancing at a National Memorial Isn’t Civil Disobedience”

The Post is talking about the escalating and pointless battle by self-indulgent, publicity-seeking, First Amendment grand-standers —a description that I shortened to the crude but sufficiently explanatory “assholes” in my post on the same topic-–to demonstrate for the endangered ‘right” to dance inside government memorial structures(Next up: frog races, strip shows, and Mummer parades). The editorial makes the true content of this noble exercise plain: it is 100% nonsense: Continue reading →

Dancing With Thomas Jefferson: How Assholes Make the Law Spoil Life For Everyone

/ Jack Marshall / 32 Comments

Coming to a place of honor and reflection near you.

On Saturday, the U.S. Park Police forcefully arrested five “Code Pink” protesters under the dome of the Jefferson Memorial for defying a recent Federal Appeals Court ruling that dancing at federal monuments was not constitutionally protected expression.

Perhaps you missed that ruling earlier this month, which was, I presume, made necessary by the realization that a flash mob could break out at any moment at the Lincoln Memorial or the Alamo. That was not the threat in 2008, however, when Mary Oberwetter was arrested, also at the Thomas Jefferson Memorial, for hoofing to celebrate Thomas Jefferson’s birthday.

She sued the National Park Service for violating her First Amendment rights, and on May 17 the U.S. Court of Appeals for the D.C. Circuit held that the Jefferson Memorial should have a “solemn atmosphere” and that dancing, silent or otherwise, was an inappropriate form of expression there. The appellate judges concurred with the lower court that the memorial is “not a public forum,” and thus demonstrators must first obtain a  permit. Demonstrations that require permits in the Park Service’s National Capital region are defined as

“…picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct which involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. [The] term does not include casual park use by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers.”

The Appellate Court wrote: Continue reading →

From First Amendment Outrage to Ethics Hypothetical: The Westboro Baptist Church vs. Brandon, Miss. Hoax

/ Jack Marshall / 3 Comments

"Never mind!"

Bulletin: The story about how citizens and law enforcement personnel in Brandon, Miss. foiled the efforts of Fred Phelps’ homophobic Westboro Baptist Church to disrupt the funeral of a serviceman killed in Afghanistan never happened. The source of the hoax is unclear, but an enterprising Stars and Stripes blogger investigated and has determined that it never happened. The Church was never even in Brandon.

I detest fake web stories and the people who create them, as you probably know. The public is  confused enough by reality without having falsehoods, fabrications and hoaxes added to its database. Luckily, this is not a news site, but an ethics site, and my commentary about those who applauded this tale of a community conspiring to rob a group of their U.S. Supreme Court confirmed constitutional rights is as valid as when it was widely assumed that the story was real.

The foiling of Fred Phelps’ gang by “Mississippi Burning” tactics is not only an ethics hypothetical that most people flunked, but also an effective trap to lure the self-righteous into agreeing  that ends justify unethical means as long as the victims of those ends are sufficiently despicable.   This group includes one of the most quoted commentators on the story, who approved of the fictional response by the town and wrote,

“This is a template for how to handle the Westboro people. If lawsuits don’t work, other means will. Whatever it takes to keep them from harassing bereaved military families on the day their fallen loved ones are laid to rest.”

He was wrong then, and he’s wrong now.

Don’t Cheer Mississippi’s Westboro Baptist Tactics Too Loudly: You Never Know Who Might Hear You

/ Jack Marshall / 26 Comments

"Demonstrators? Just leave them to us."

Sgt. Jason Rogers, who was killed in action in Afghanistan, was buried two weeks ago in Brandon, Mississippi. As is its custom, the Westboro Baptist Church, fresh from U.S. Supreme Court-confirmed constitutional protection, was prepared to sully Sgt. Rogers’ funeral with its usual hateful chants about how God kills our soldiers to punish our sinful, homosexual-loving ways. Its plans were foiled, however, by a little bit of traditional Mississippi social control ingenuity.

A couple of days before the funeral, one of Fred Phelps’ vile cultists boasted about the upcoming protest while visiting a Brandon gas station, and the good citizenry on the scene gave him the sound beating they felt his sentiments warranted. Continue reading →