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

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

Morning Ethics Warm-Up, 10/30/2019: “Happy Birthday Little Sister!” Edition

Good Morning!

Today marks the birthday of my younger sister, whom I have referred to here frequently. Growing up with her and following her life and career imbued me with an early and ongoing appreciation of the effects of sexism and pro-male bias in society, and I’m indebted to her for that. She has always equaled or surpassed me in ability and enterprise, yet often watched me receive more credit or praise for the same things she could do and did without similar acclaim. I know she resented me for that (probably still does—she won’t read Ethics Alarms, for example), and it frequently bruised our relationship over the years. She also taught me about moral luck: in general, I have been persistently  lucky, and she has not, and the difference was so evident that I learned very early in life not to congratulate myself for how the dice fell. She is finally happy in retirement, is about to welcome the first grandchild for this generation of Marshalls, her two adult children are healthy and prospering, and her beloved Nationals just forced a Game 7 in the World Series. She will have a happy birthday. Good. She deserves it.

1. Tales of the double standard, and the imaginary double standard. MSNBC and much of the progressive noise machine has decided to paint Rep. Katie Hill as a victim of a “vast right wing conspiracy,” in Hillary’s immortal phrase, and a vicious husband. If he indeed was the one who shared the salacious photos of Hill involved in various sex acts,  vicious he certainly is. But how can anyone say, as lawyer Carrie Goldberg does, that  “Katie Hill was taken down by three things: an abusive ex, a misogynist far-right media apparatus, and a society that was gleeful about sexually humiliating a young woman in power…None of those elements would be here if it were a male victim. It is because she is female that this happened’? Nonsense, and deceptive nonsense.

Hill resigned because a House ethics investigation was underway regarding her admitted sexual affair with a Congressional staffer and an alleged affair with her legislative director. She was not going to be kicked out of Congress for either or both; she probably resigned in part because she knew the investigation was going to turn up more and worse. The Naked Congresswoman Principle also played a part, as I discussed here. Does anyone really believe that equivalent photos of a male member of Congress displaying his naughty bits in flagrante delicto (my late, great, law school roomie loved saying that phrase) with both sexes would be shrugged off by his constituents and the news media? Who are they kidding?

Hill was arrogant and reckless, and is paying the predictable price, though she was not smart enough to predict it. Trail-blazers—I’m not sure being the first openly bi-sexual member of Congress is much  of a trail to blaze, but never mind—are always under special scrutiny and have to avoid scandal at all costs. Did Hill ever hear of Jackie Robinson? Allowing those photos to come into existence showed terrible judgment; using her staff as a dating resource was hypocritical for a member of the  #MeToo party and workplace misconduct too.

The fact that she is being defended tells us all we need to know about the integrity of her  defenders. Continue reading

Ethical Quote Of The Month: Ellen DeGeneres

“We’re all different and I think that we’ve forgotten that that’s okay that we’re all different… but just because I don’t agree with someone on everything doesn’t mean that I’m not going to be friends with them.”

—-Ellen DeGeneres, countering social media criticism of her hanging out with former President George W. Bush at a Dallas Cowboys game.

She prefaced that comment with this:

“When we were invited, I was aware that I was going to be surrounded with people from very different views and beliefs. And I’m not talking about politics… I was rooting for the Packers. So I had to hide my cheese hat in [her spouse] Portia’s purse. People were upset. “They thought, why is a gay Hollywood liberal sitting next to a conservative Republican president?… A lot of people were mad. And they did what people do when they’re mad… they tweet.”

If they are morons, that is. These are the people who harass those wearing MAGA hats, who won’t speak to family members who voted differently than they did, who seek to boycott companies and individual who contribute to causes they oppose. They are unethical citizens and corrupted human beings. Continue reading

The Attacks On Free Speech From The Left Are More Dangerous Than Any Speech Progressives Want Banned

Another day, another progressive effort to erode pubic support and understanding for the First Amendment. This is at the root of America’s current ethics conflict: a perverse and puckish God has made one of the most unethical and least reflective of public figures  the crucial bulwark against a massed and relentless assault against core national values.

The New York Times, taking a hand-off from its ideological twin the New Yorker, has published an attack on free speech from New Yorker writer Andrew Marantz. Even though he is a professional writer, he has managed to complete an elite education (Brown, NYU School of Journalism) without managing to grasp the essence of freedom of speech, and why it is the structural load-bearing beam that allows our democracy to exist.

Marantz simply doesn’t get it, or he does get it, but would love to see less liberty and more enforced line-toeing by those lesser intellects and deplorables who cannot accept the inherent rightness of the progressive view of the universe. He writes, for example,

Using “free speech” as a cop-out is just as intellectually dishonest and just as morally bankrupt. For one thing, the First Amendment doesn’t apply to private companies. Even the most creative reader of the Constitution will not find a provision guaranteeing Richard Spencer a Twitter account. But even if you see social media platforms as something more akin to a public utility, not all speech is protected under the First Amendment anyway. Libel, incitement of violence and child pornography are all forms of speech. Yet we censor all of them, and no one calls it the death knell of the Enlightenment.

I guess Brown has no mandatory course in government theory.  The Constitution is the enabling document of the U.S. mission statement—you know, the one that begins by announcing that there are inalienable rights to life, liberty, and the pursuit of happiness. That such a governing document that could only limit government restrictions on free speech also stood for a cultural, societal and ethical norm that freedom of speech was central to the Declaration’s summary of human rights would normally be clear to anyone who bothered to study the two documents as well as research the relationship between law, morality and ethics. It’s true that Richard Spencer can’t be assured of a Twitter account, but a society that denies him one is chopping at that load-bearing beam. Continue reading

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

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

An Ethics Mystery: How Can Progressives And The Resistance Continue To Accuse The President, Conservatives, And Republicans Of “Spreading Hate” And “Seeding Violence” When So Much Hate Is Coming From Them?

This phenomenon touches on many themes we have explored on Ethics Alarms: double standards, hypocrisy, Big Lies, mainstream media complicity in disinformation, the increasingly unavoidable conclusion that a large mass of progressive activists, pundits and public figures are just plain terrible people—our culture’s “bad guys.”

Item One: Bill Maher on David Koch

In his monologue  on this week’s Real Time on HBO, the former comedian-turned-permanent-Leftist-asshole commented on the death of billionaire Republican donor and philanthropist David Koch  from  cancer at age 79 by saying (to the usual hoots of approval from his usual seal-clapping audience),

“Fuck him… I’m glad he’s dead…I guess I’m going to have to re-evaluate my low opinion of prostate cancer…As for his remains, he has asked to be cremated and have his ashes be blown into a child’s lungs. He and his brother have done more than anybody to fund climate science deniers for decades. So fuck him, the Amazon is burning up, I’m glad he’s dead, and I hope the end was painful.”

Of course, this was on a comedy show as part of a stand-up routine, so it’s all OK; it was just a joke, right?

I am reading similar sentiments from the Deranged Facebook Borg, but Maher is on television, and a major entertainment company employs him. I don’t understand how an ethical, responsible American and human being can continue to pay premium prices to a company that allows itself to be associated with pure hate like that, no matter how much they like “Westworld.”  Have some responsibility for the culture. Write HBO and tell them that you are cancelling your subscription until it publicly rejects that kind of rhetoric in the public square. I wish I had a subscription so I could cancel it.  I wish I didn’t oppose organized boycotts so I could  launch a Facebook page and organize one.

Rick Moran wrote, quite correctly,

Forget ideology. Forget politics. How does a civilized human being get to the point where voicing such sentiments is believed to be acceptable by anyone in society — even political allies? Thinking such thoughts is bad enough. Most of us would be ashamed of ourselves for celebrating anyone’s demise and hoping “the end was painful.” It’s barbaric. The words are disconnected from conscience in a way that makes Maher less human.

Celebrating the death of a political adversary suggests that the deaths of adversaries are to be desired, and thus sought and facilitated. I am not aware of any similarly ugly  sentiments coming from the other side of the political spectrum, while the projection of violent ends and painful beatings has been a continuing theme from the “resistance” for years.

In contrast, President Trump and those who support enforcing our laws were accused of inspiring the El Paso killer because the shooter adopted the term “invaders” for all immigrants. This dishonest effort to blame the shooting on Trump’s language required all sorts of deceit, as well as withholding the shooter’s manifesto so the public couldn’t connect the dots that proved what a grand lie the accusation was. The shooter regarded all immigrants, including legal ones, as “invaders.” Neither the President nor anyone else outside of the lunatic Right has ever used the term for anyone but illegal immigrants, who are, in fact, invaders by definition. The shooter did not advocate killing immigrants, but frightening them into self-deporting with mad acts such as his: he explicitly rejected genocide in his largely unseen manifesto. Never mind; those are just facts, and what matters to Democrats, as their Presidential front-runner so sagely reminded us,  isn’t facts, but truth.

The real truth is that in Left-Land, double-standards reign.Thus the news media and Democrats howled that a single word—invaders—neither implying nor suggesting violence, prompted mass murder in El Paso. When one of their own acolytes directly extols death and painful death as a desirable means of eliminating adversaries and prevailing in policy debates, it is shrugged off as amusing.

Item Two: Marcie Blanco on men. Continue reading

Morning Ethics Warm-Up, 8/8/2019: Hating Hate By Hating The Hateful Haters

Good morning.

Are you nuts? I’m not. Yet.

1. You want deranged? This is deranged. MSNBC put analyst Frank Figliuzzi on the air to explain the Nazi symbolism at the White House.  Figliuzzi is a former FBI assistant—think about that as you read this—and he has been given media credibility of late because he had  predicted that white supremacist violence was potentially imminent due to President Trump’s rhetoric. Of course, I predicted months ago that the relentless divisive rhetoric from “the resistance” would get someone killed soon, and nobody’s calling me to blather on TV…and I’m not insane, like this guy.

Figliuzzi alerted MSNBC World about the sinister numerical connection between neo-Naziism and the Trump administration’s decision to fly flags at half-mast until August 8 in honor of the victims of the Dayton and El Paso shootings.

“If we don’t understand how they think, we’ll never understand how to counter them,” he said. “The President said that we will fly our flags at half mast, until August 8. That’s 8/8. Now, I’m not going to imply that he did this deliberately, but I am using it as an example of the ignorance of the adversary that’s being demonstrated by the White House. The numbers 88 are very significant in neo-Nazi and white supremacy movement. Why? Because the letter ‘H’ is the eighth letter of the alphabet, and to them the numbers 8-8 together stand for ‘Heil Hitler.’ So we’re going to be raising the flag back up at dusk on 8/8. No one is thinking about this.”

Once again, this calls for Sidney Wang...

The reason that nobody is thinking about this, you idiot, is that it is deranged. How crazy can “the resistance” get and not start a stampede to the President, in reflex revulsion to the lies, the disrespect, the paranoia, the smears and the hysteria? The Times this week was musing about why Trump’s approval ratings are rising even as the mainstream media has been proclaiming that he’s a Nazi racist and responsible for every shooting in America.

To ask the question is to answer it.

(I just realized my piano is a Nazi…) Continue reading

Policing Ethics, Part One: Firing The Faint Of Heart

The Las Vegas Metropolitan Police Department this week fired Officer Cordell Hendrex for “freezing” (it’s all on video) as a deranged sniper  fired hundreds of rounds into a crowd of county music fans below the Mandalay Bay hotel in Las Vegas in 2017. “I’m inside the Mandalay Bay on the 31st floor,” Hendrex said into his radio as he hid behind a wall. “I can hear the automatic fire coming from one floor ahead, one floor above us.”

As Hendrex stayed there in terror (by his own testimony), the gunman continued to fire, eventually killing 58 people and wounding more than 800 in the deadliest mass shooting in modern American history.  His lawyers are  appealing the decision. His defense? He was scared, that’s all. It’s unreasonable for the public to expect  police officers to rise to heroic standards and place their lives in jeopardy in a public safety crisis. The Las Vegas department’s training didn’t prepare Hendrex for storming the hotel room. He’s been a terrific cop, as long as he didn’t have to put his life on the line.

Oh. Continue reading

Comment Of The Day: “Unethical Times Op-ed Of The Week?”

Timothy Egan’s spectacularly dishonest op-ed for the Times, The Founders Would Gag at Today’s Republicans: The cult of Trump has embraced values and beliefs that Jefferson, Washington and Lincoln abhorred,” was one more conservative- and Trump-bashing exercise disguised as a history lesson, albeit for Americans who know little about history and foolishly assume that they can trust pundits like Egan to enlighten them. Of course, all such exercises in time-traveling appeals to authority are inherently dishonest. 18th century minds, even those as sharp and creative as the Founders possessed, would go into shock at most of what they saw today if somehow provided the opportunity, and would take a while to understand why things have evolved as they have.

Frequent commenter JutGory sat down and treated Ethics Alarms readers with an analysis of developments the Founders would have had trouble with without indulging in the sort of cherry-picking and distortion Egan did to pander to the Times’ progressive readership. The result of what Jut called his “retro-prognostications” is a genuinely educational post, and a distinguished Comment of the Day.

Here it is:

If we are doing retro-prognostications, I bet I could do better:

Disclaimer: the Founders would probably be a bit mystified at the technological advances in general.

They would not be surprised by the abolition of slavery. They would be half-surprised that it took a war to do it (“We put in an amendment process for pretty much this reason, people!”)

They would probably be surprised at how much power the Supreme Court (the weakest branch) wields. Of course it only wields that much power because the other branches have gotten more powerful. To wit:

They would be surprised by the 16th Amendment (income tax), as it is a direct tax of the individual by the Federal Government, but okay (“Yay, Amendment process).

Of course, money is power, so, with more tax money comes more power.

They would be completely baffled by the 17th Amendment (direct election of Senators). That opens the Senate up to national influences, instead of influence from a small group of state legislators. That was kind of the whole point of the Senate: to represent the States, not its citizens.

But, you can’t pass a farm subsidy bill if Senators answer to their legislatures.

Can’t get universal healthcare if Senators stand in the way.

But, you change the Senate selection process, you get popular candidates, supported by national appeal and no specific understanding of the needs of the State (Hello, Al Franken!)

The power grab of the Commerce Clause would puzzle them. Continue reading

Instagram Shows Us Once Again That Social Media Is Dedicated To Rigging Public Debate And Discourse To Ensure Progressive Policies

But conservatives are the autocrats and fascists.

This thoughtful and provocative cartoon by Adam Ford, the founder of the  conservative satire site, The Babylon Bee, was banned as “hate speech” by Instagram:

Observations:

1. Blaming this on a flawed algorithm won’t wash. Yes, it is difficult to write programs to identify genuine non-substantive speech designed only to insult denigrate or defend, and this means that a fair and competent social media platform must lean toward being over-permissive rather than unjustly and illogically censorious.

2. Obviously, the cartoon doesn’t qualify as hate speech even under the vaguest and most sweeping definition of a term that is too flexible anyway. The comparison between slavery and abortion isn’t new, and it keeps arising because abortion advocates have yet to rebut it. Both issues involve what one side believes is a human rights violation that is defended by denying the humanity of the victims, or arguing that the abuse of the victims is justified by the benefits to those abusing them. The analogy has been raised in films (such as “The Island”) and television (as on a memorable episode of “Star Trek: The Next Generation.” The cartoon could be and should be used in classroom discussions on the question of abortion.

3. For that to happen, however, people have to see it, and be allowed to think. Social media, when it censors speech and opinion that offend the sensibilities of the “woke” simply because such speech challenge progressive ideology and cant, isn’t “protecting its users.” It is protecting its allies from having to prevail in policy debates with facts, logic and ethics by bluntly silencing dissent. This is becoming a bad and frightening habit. In his new book “”A Thousand Small Sanities,” liberal commentator David Gropnik writes, “The contemporary left can sometimes seem to have an insufficient respect for the fragility of the very same liberal institutions that allow its views to be broadcast without impediments.” Ya think??

4. Meanwhile, the controversy isn’t being covered by the mainstream media at all, at least not yet. Thus other institutions are enabling social media’s content-based ideological censorship by not publicizing it. All the better to have the metaphorical frog of the American public boiled slowly in progressive censorship before they know what’s going on. (Yes, you pedants out there, I know that you can’t really boil a frog to death slowly, but that’s the old myth.)

5. One overly kind Christian website tried to come up with ways Instagram might have legitimately concluded that the cartoon was hate speech:

There is another possible reason Instagram flagged Ford’s post in question. Throughout the comic, which equivocates old hypothetical pro-slavery arguments with modern pro-choice rhetoric, Ford refers to black people as “blacks” — a term often flagged as offensive, though some style guides do permit “black” to be used as a noun as well as an adjective. While Instagram does not specifically forbid the use of “black” as a noun in their community guidelines, it does require users to only “post photos and videos that are appropriate for a diverse audience.”

Even accepting this theory, the censorship is unethical and ominous. So if “some people” find a term that is generally accepted elsewhere as “offensive,” that justifies banning a substantive message? It is still oppressive speech policing no matter how one looks at it.