Comment of the Day: “Ethics Train Wreck Extra: the Lawyer, the Advisor, and the Kennedy”

Let's give a warm, Ethics Alarms welcome to attorney MAX KENNERLY!

Max Kennerly, the attorney who has argued that Sandra Fluke could legitimately sue talk show host Rush Limbaugh for his on-air insults, rebuts the Ethics Alarms post finding his argument disturbing. I’ll have a response at the end. Here is his Comment of the Day on “Ethics Train Wreck Extra: the Lawyer, the Advisor, and the Kennedy”:

“Who said anything about “silencing?” Defamation is a civil claim that, when proven, results in a monetary judgment, nothing more. Limbaugh’s still free to say what he wants.

“I assume your response to the “it’s not silencing” argument is something like, “he’s not technically silenced, but his speech is chilled.” To that, I ask which scenario is more chilling: Continue reading

Ethics Train Wreck Extra: the Lawyer, the Advisor, and the Kennedy

The faith-based institution mandate set the train on its fateful journey,  Rush Limbaugh sent a second locomotive into the stalled caboose after the first train jumped the track, and box cars are still tumbling in all directions:

  • Robert Kennedy, Jr., senior attorney for the Natural Resources Defense Council and co-host of the nationally syndicated weekly talk radio show “Ring of Fire”, picked now to tweet this, which rapidly went viral on the internet:

Didn’t we just hear the ladies of The View explain that a word is a word, and it didn’t matter which gender was on the delivering or receiving end of “slut”? Is anyone calling for Kennedy to apologize for using the same uncivil language that has Rush Limbaugh in hot water? In fact, Kennedy’s verbiage is distinguishable: it is directed at a Senator, not a law student; calling a man, especially a politician, a prostitute is not as provocative as using that term to describe a woman, no matter what Whoopi says; Kennedy is clearly using the term metaphorically (so was Limbaugh, but it was too close for comfort, since the topic was sex); and, as one conservative wag said, call girls are classier than sluts. All true, and yet the willingness of Kennedy to use similar terms of denigration in public while the Right is pointing to Bill Maher and shouting hypocrisy indicates one of two things, and maybe both: 1) Kennedy is so confident that a double standard is in play that he feels completely comfortable in rubbing everyone’s face in it, or 2) this is just further proof of the generational dilution of talent, intelligence and skill in the Kennedy clan. Yes, I think “both” is fair. Continue reading