Ken White

Ethics Quote of the Week: Ken White of Popehat

/ Jack Marshall / 17 Comments

First Amendment“…Our freedoms are recognized or denied based on court rulings. Our understanding of those court rulings often derives from media coverage of them. When we do a lousy job of covering law, or when we put up with journalists doing so, we’re doing a lousy job as citizens.”

—-Attorney-Blogger Ken White, after meticulously exposing how the media, old and new, completely misrepresented a Texas court’s striking down  an overly broad statute as protecting “upskirt” photographs.

Ken White has delivered another masterpiece, expertly debunking the news media’s criminally ignorant analysis of a Texas Court opinion. I must admit, when I saw the headline “Texas Court: Ban on ‘Upskirt’ Photos Violates First Amendment Rights” and its ilk around the web, I just assumed that reporters were being sensational and dumb as usual, and moved on to other things. Thank goodness Ken was on the case, and properly flagged the danger in lawyers reacting this way. We have a tendency as a profession to think, “Well, there they go again, completely misunderstanding the law, poor dears” when we should be working overtime to set the record straight. I admonish my seminar attendees for doing this regarding the public’s distorted view of legal ethics, and fell into the same trap myself.

Ken’s dissection of the flat-out wrong reporting on this case is frightening: it is clear that most reporters are incapable of understanding what court opinions mean, yet there they are, writing nonsense and making the public more ignorant, not to mention making them think taking upskirt photographs is legal and constitutionally protected.

Counselor White has had a busy year that has kept him from providing his usual volume of daily enlightenment. He is back in top form, and we should all be grateful.

 

Ethics Quote of the Month: Ken White, of Popehat

/ Jack Marshall / 2 Comments

JohnPaulJones

“Civility is not weighed equally with free speech. It is not a prerequisite of free speech. It is a value, an idea, to be tested in the marketplace of ideas with other vales. Free speech is often uncivil. Lenny Bruce was uncivil. “Have you no sense of decency, sir? At long last, have you left no sense of decency?” was uncivil. “I have not yet begun to fight” was uncivil. “I called you naughty darling because I do not like that other world” was uncivil. “Now, if it is deemed necessary that I should forfeit my life for the furtherance of the ends of justice, and mingle my blood further with the blood of my children and with the blood of millions in this slave country whose rights are disregarded by wicked, cruel, and unjust enactments, I submit; so let it be done!” was uncivil. The equality of all humans regardless of station has always been a deeply uncivil idea, because “civil” usually means “that which makes me comfortable.” Comfortable people paint nice watercolors but otherwise don’t accomplish much.”

—Ken White, First Amendment lawyer, wit, philosopher and blogger par excellance, in a masterful dismembering of a sinister  email about free speech sent to Berkeley students, faculty, and staff by U.C. Berkeley Chancellor Nicholas Dirks .

An equivocating, double-talking, free-speech degrading college administrator attempts to warp our nation’s values in the minds of the young, and Ken exposes the university’s censorious and timid soul for the dangerous fraud and the disgrace to intellectual freedom that it is.

As Carly Simon said once about James Bond, nobody does it better.

Bergen Community College Shows Us Why Justin Carter Is Being Persecuted

/ Jack Marshall / 80 Comments
Can't have this. Terrifying. Dangerous.

Can’t have this. Terrifying. Dangerous.

Remember Justin Carter? Last I checked, he was being tried for making a joke on Facebook, because of the culture of fear and speech monitoring created by the irresponsible hysteria over guns and terrorism.  He faces prison time. That this is a freedom-suffocating societal illness that threatens any and all of us is chronicled in Ken White account, and accompanying commentary, on the astonishing mistreatment of Bergen Community College Professor Francis Schmidt by the school, which was sent into a frenzy of terror because he posted to Google+ “a cute picture of his young daughter wearing a Game of Thrones t-shirt in a yoga pose next to a cat.”  Inside Higher Ed reports what happened next: Continue reading →

The Comfort Women Memorial Lawsuit: A “Disgusting” Legal Argument, Perhaps…Unethical, No

/ Jack Marshall / 33 Comments
The Glendale Comfort Women Memorial

The Glendale Comfort Women Memorial

The large and respected law firm Mayer Brown has taken the ugly case of some Japanese-American clients who want the city of Glendale, California to remove a memorial to World War II “comfort women” from a public park. In doing so, and in the way it is proceeding, the firm has inspired harsh condemnation from two estimable legal commentators, both First Amendment champions: Marc Randazza, and Ken White. Their objections, which caused Randazza to call the firm “the least honorable law firm in the world,”and White to conclude, “This lawsuit is thoroughly contemptible. It should fail, and everyone involved should face severe social consequences,” are heartfelt, but, I think, misguided. Their argument, beside arguing that the lawsuit is frivolous, is best articulated by Randazza: Continue reading →

The Answer To Popehat’s Web Shaming Ethics Quiz

/ Jack Marshall / 8 Comments
Hmmm..is it unfair to point out that tweeters who called the 2013 Miss America a terrorist and "not American enough" because of the color of her skin are bigoted morons? Let me think...

Hmmm..is it unfair to point out that tweeters who called the 2013 Miss America a terrorist and “not American enough” because of the color of her skin are bigoted morons? Let me think…

Popehat virtuoso Ken White has posed what we would call on Ethics Alarms an ethics quiz on the topic of web shaming. Is it ethical to post the embarrassing tweets of non-celebrities and public figures for the purpose widespread and national ridicule? Ken lays out the Pros and Cons thusly (these are direct quotes):

Pro:

1. It’s entertaining. Human frailty is the oldest and most consistent funny subject. People who are constantly incensed at brown people and can’t tell Arabs from Muslims from Indians are foolish and foolishness is amusing.

2. It’s whistling past the graveyard. Bigotry exists; ridiculing bigots is a mild act of defiance.

3. It’s supportive. Bigots exist; ridiculing and calling them out tells people subject to bigotry that we support them.

4. It’s a pressure release. The ability to ridicule bigots publicly reduces pressure to make the government regulate speech.

5. It’s socially transformative. Ridiculing bigots causes people to rethink being bigots.

6. It’s Darwinian. Twitter and Facebook, aided by Google, help those of us who hire employees distinguish between morons and people of normal intelligence.

Con: Continue reading →

A Ken White Sampler

/ Jack Marshall / 16 Comments

Obama maskFor those readers who are not familiar with Popehat’s Ken White, I offer this recent example of his deft ethics analysis and his perceptive and balanced commentary. I was going to write something that would have reached similar conclusions, but there is no point now. I can’t do better than this, and when I can do as well, it’s a good day.

Here is Ken’s commentary on the rodeo clown in the Obama mask.