Arrested For Sexist Tweets

One of the early Ethics Alarms posts about schools disciplining students for their use of social media involved a male student who rated his female classmates in a Facebook post. In 2016, Harvard  cancelled the men’s soccer season as punishment for “the widespread practice of the team’s players rating the school’s female players in sexually explicit terms.” [The Ethics Alarms Quiz about that episode, which I just read, as well as the 156 comments it generated including two Comments of the Day, is a good one, and I’ll offer it here as another Ethics Alarms archives feature worth revisiting: Ethics Quiz: The Harvard Soccer Team’s “Locker Room Talk.”]

At Perrysburg High School in Ohio, however, the reaction of administrators to a similar incident plows new and especially alarming ground.  After many students reported his Twitter account for rating the school’s female students in derogatory terms, the school had him arrested and charged with “telecommunications harassment.”NBC reports that 18-year-old Mehros Nassersharifi has been issued a summons to appear in court, and faces expulsion from the school.His account, @GirlsRanked, purported  to list the “hottest girls” at Perrysburg.

No news yet if the school plans on confining him in an Iron Maiden or branding “SEXIST!” on his face.

There’s no quiz necessary here. What the school has done is far, far worse than a high school kid’s juvenile Twitter account. It is also one more item on my growing list of how the cancerous progressive fervor for installing “woke” attitudes into the culture using force and intimidation continues to metastasize.

No, you can’t prosecute someone based on the content of a Tweet. Every single student at Perrysburg High School should already know that, and indeed should have known it since the sixth grade at least. Yet apparently the teachers and administrators at the school don’t know it. First Amendment? What First Amendment? Continue reading

Comment Of The Day: “Comment Of The Day: ‘SCOTUS: There is No Right To Be Executed Painlessly'”

Hayes and Komisarjevky, the Cheshire, Conn. killers

Steve-O-in NJ’s Comment of the Day on my post about the recent SCOTUS capital punishment opinion spawned another COTD. The immediate catalyst was my answer, within the post, to Steve’s query about what crimes I think warrant executions. One of my answers referenced the Cheshire, Connecticut home invasion and murders, which I wrote about extensively here.

Here is Rich in Ct’s Comment of the Day on the post,Comment Of The Day: “SCOTUS: There is No Right To Be Executed Painlessly”:“SCOTUS: There is No Right To Be Executed Painlessly”:

“The Cheshire, Conn. murders.” This is the crime that broke my opinion of the death penalty. I was initially ultra-liberal on this issue, thinking that the death penalty was just not acceptable today, but moderated considerably.

My initial view was a rather unexamined belief, essentially unchanged from what I had expressed in a middle school essay a few years before the home invasion. In that middle school essay, I decried the state of Connecticut for “murdering” Michael Ross, a jolly good chap who killed 8 souls before the age of 24. (Stipulated, even in middle school, I conceded wooden jails of the Wild West, etc, could not reliably contain dangerous individuals, necessitating the death penalty.)

My main argument was that killing was WRONG. This was axiomatic, not allowing counter argument. The only mitigating factor for execution, the need to protect the public, was adequately addressed with modern maximum-security prisons.

Ross was the last criminal successfully executed by Connecticut, making the opportunities to reflect on an actual case study vanishingly rare. However, Connecticut had several placed on its death rolls, each hopelessly tied up in appeals (mostly by design). A distressing number of capital indictments came from prosecutors in Waterbury, the major city in northwestern part of the state. Waterbury has a unique reputation for corruption second to none (in a state with Hartford, New Haven, and Bridgeport, mind you); disgraced ex-governor Rowland was employed by the city when he was released from prison. Continue reading

The Return Of Louis C.K. For Ethics Dummies

Ick.

Reading the news media and entertainment websites, one would think that Louis C.K.’s return to stand-up comedy after nearly a year in exile or rehab or something raises ethics conundrums that would stump Plato, Kant and Mill. It’s not that hard. The fact that everyone, especially those in the entertainment field, are displaying such confusion and angst just tells us something useful about them. They don’t know how to figure out what’s right and wrong.

In case you have forgotten, cult comedy star  Louis C.K. admitted last November at the peak of the #MeToo rush that he had masturbed in front of  at least five women without their consent. Ick. His cable show and other projects were cancelled, and he disappeared from the public eye. Then, last weekend, he returned to the stage at the Comedy Cellar in New York, performed for about 15 minutes, and received a standing ovation.  This apparently alternately shocked or confused people. I’ll make it simple.

Does the comedian have a right to practice his art after the revelation of his disgusting conduct?

Of course he does. He wasn’t sentenced to prison. He has a right to try to make a living at what he does well. In fact, he has a First Amendment right to tell jokes any where others will listen to him.

OK, he technically has a right. But is it right for him to come back like nothing has happened?

What? The man was publicly shamed and humiliated. He can’t come back as if nothing has happened, because everyone knows that something has happened. Nevertheless, his art does not require the public trust. It does not demand good character, or even the absence of a criminal record. Does a great singer sound worse because he was abusive to women? No. Is there a law that says men who are abusive to women should never be able to work again? No, and there shouldn’t be. I wouldn’t hire C.K. to work in an office, because I see no reason to trust him around others. But he’s not a worker, he’s an artist. He never engaged in inappropriate conduct on stage. He can be trusted as an artist,at least when he’s performing solo.

Comedian Michael Ian Black tweeted regarding Louis C.K.that “Will take heat for this, but people have to be allowed to serve their time and move on with their lives.I don’t know if it’s been long enough, or his career will recover, or if people will have him back, but I’m happy to see him try.” For this he apologized,  saying this position was “ultimately, not defensible.” after he was broiled on social media. Should he have apologized? Continue reading

Teachers Have No Ethics Code. Here’s One Example Of Why That’s A Problem…

In Tarboro, North Carolina, a 5th grade teacher punished a student for calling her “ma’am” in class. Parents of the child, an African-American boy, brought the incident to the administrators of the North East Carolina Preparatory School after he brought home for their signatures a sheet on which he had been required to write “ma’am” nearly two- hundred times.  The parents said their children were taught to refer to elders as “ma’am” and “sir,” and that their son was obviously not intending to be disrespectful. Upon their request, he was removed from the class to that of another teacher. The school has refused to comment further on the incident, other than saying in a statement, “This is a personnel matter which has been handled appropriately by the K-7 principal.”

That’s not correct. This is an education profession issue that should be addressed by the profession as well as the school. And moving the student, who did nothing wrong whatsoever, sends the wrong message. The school and the teacher should have apologized to the student as well as his parents, and disciplinary action ought to have been taken against the teacher. Moreover, other parents have a right to know who  this teacher is, and have the opportunity to have their children removed from her oversight. If that makes it impossible for her to continue teaching, since any responsible parents would insist on her being kept as far away from children as possible, then she might have to forfeit her job.

Good.

One purpose of professional ethics codes is that they prime the ethics alarms by putting core ethical principles related to the profession into black and white. Here’s one that might have saved the boy from his undeserved ordeal:

No students should be subjected to punishment without understanding what they are being punished for, and why. The punishment should be proportionate to the offense, which should be substantial enough to warrant more than a verbal warning or admonishment. Continue reading

Flipping Off The President, And Proud Of It (With A Poll!)

Remember Julie Briskman? She flipped off the President’s motorcade in  November, and was so proud of that eloquent statement that she posted a photo of her gesture on Facebook. He company, A government contractor, promptly fired her. I wrote at the time,

Flipping a middle figure to the President’s motorcade is protected speech. Flipping said finger to the President when one works for a company dependent on government contracts and plastering photos of one doing this on social media is not what I would call wise, and Julie Briskman should have reasonably expected her employers to admonish her to keep the company’s public image in mind the next time she was tempted to bite the hand that feeds it. Akima LLC, however, a Virginia-based company, fired her.

They have every right to do this, but it was a gross and cruel over-reaction. Worse, the company wasn’t even honest about its rationale,telling her that company policy forbade an employee having  anything ‘lewd’ or ‘obscene’ on your social media. Sure. “The finger” is undeniably rude. Obscene it’s not.

But Julie doesn’t read Ethics Alarms (obviously!), and sued for wrongful termination. Last week, Virginia judge Penney Azcarate judge dismissed Briskman’s wrongful termination claim. Her lawyers had claimed that Briskman’s employers violated public policy by forcing her resignation.

As I said, I don’t think the company was particularly fair to Briskman, who is young and like most of the resistance, lacks judgment and proportion. I doubt that anyone would take it out on her employers that they employed a rude and immature jerk as a marketing analyst. It need not have fired her. Still, Virginia is an employment at will state where you can be fired for having an obnoxious laugh. As Ethics Alarms has held here frequently regarding professors who post racist rants on social media and episodes like that of Adam Smith, the so-called Chick-Fil-A Video Vigilante who verbally abused a Chick-Fil-A employee and posted the video of him doing so, companies have every right to regard an employee whose public behavior embarrasses their employers as a liability, and to treat them as such. It isn’t kind, and it isn’t compassionate, but as I wrote about Smith,

“I can’t blame anyone who doesn’t want to be represented by a man whose judgment was this wretched and who is best known for bullying an innocent minimum wage employee because he didn’t like her boss’s take on gay marriage. Actions have consequences, and while the cumulative effects of the foolish and damning video have been excessive, no individual component of it is. Someone should be kind, obey the Golden Rule and give Smith a shot at redemption, but no one individual is ethically obligated to do so. Smith’s sad fate, which extends to his family, is still his own doing, and he alone is accountable.”

Continue reading

Rewarding Violence And Vigilante Justice: The Unethical Glorification of Randall Margraves

That’s Margraves on the left, with Nassar, his target, cowering in red…

During the sentencing hearing for sexual predator Larry Nasser in an Eaton County, Michigan courtroom, Randall Margraves, the father of three daughters who were all molested by the former USA Women’s Gymnastics doctor, shouted “You son of a bitch!” and rushed Nassar.  He was tackled and placed in handcuffs. Before the attack, Margraves asked Judge Janice Cunningham to grant him “five minutes in a locked room with this demon. Yes or no.”  Perhaps he thought she was Ingham County Court Judge Rosemarie Aquilina, who might have granted his request based on her words at his previous sentencing hearing. Cunningham, however, refused the request.

After the father’s attempt to take the law into his own hands, Michigan Assistant Attorney General Angela Povilaitis told the stunned courtroom, “We cannot behave like this. This is letting him have his power over us….You cannot do this. I understand Mr. Margraves’ frustration, but you cannot do this. Use your words, use your experiences. Do not use physical violence.” Judge Cunningham added,

“We cannot react by using physical violence and assault against someone who has performed criminal acts. What Mr. Nassar did is horrible. It’s unthinkable, but please let the criminal justice system do what it is supposed to do and issue the punishment he should get.”

Nonetheless, no charges were filed against Margraves. Wrong.  This is irresponsible and hypocritical, as well as cowardly. (We know any punishment will be unpopular with the “Think of the children!” and the “What if it was your daughters?” crowds as well as the “Punch Nazis in the face”  constituency) If the message really is that a society can’t give in to vigilante justice and let citizens employ physical violence as extra-legal means to exact vengeance against criminals, then those who behave this way must be punished.  If they are not, then the opposite message is sent: “Well, when someone is really bad, and hurts someone you really care about, we sympathize. We understand how you feel.” What if Margraves had reached Nassar and delivered a punch to his face, fracturing his jaw? Or ripped his lips off? That he didn’t was just moral luck. Would the father have been charged then, as millions around the nation shut down their ethics alarms and cheered?

For the justice system to remains coherent and maintain integrity, the father had to be charged. Continue reading

Comment of the Day: “I’m Curious: Do Women—Any Women, A Lot Of Women, Adult Women, Rational Women—Think This Times Column Makes Sense? (Because It Doesn’t)”

(This is sort of what Juliet has in mind, I think...)

Juliet Macur’s column in the New York Times calling for what was essentially Old Testament Biblical vengeance against one of the more recently accused sexual harassers disturbed me greatly, and the resulting Ethics Alarms post reflected my reaction.  Steve-O-in NJ picked up the baton, and the result was this, his Comment of the Day on the post, I’m Curious: Do Women—Any Women, A Lot Of Women, Adult Women, Rational Women—Think This Times Column Makes Sense? (Because It Doesn’t):

The principle that those who do wrong should not be allowed to profit from their wrongs is not without basis in either ethics or the law. It is that principle which gave rise to the “Son of Sam” laws that allow suits against convicted criminals by their victims or the victims’ families if they receive assets from the sale of their stories. It is also that principle that sometimes leads to “Son of Sam” clauses being worked into plea agreements, whereby any profits made from the sale of a pleading wise guy or terrorist’s story goes to the government. Much more than that, and you run into First Amendment problems. It’s also a given that courts can order restitution to victims as part of a sentence or as part of a plea deal.

However, as pointed out above, all of these legal principles involve, presumably, a wrongdoer who has either had his day in court or decided to forego his day in court in the hopes of better terms. Even in an employment or other civil setting, an accused wrongdoer is not without rights. A company who not only terminated an accused harasser but stripped him of his pension and whatever other assets came with the position, all without so much as an investigation, would almost unquestionably find itself on the wrong end of a lawsuit, and could conceivably lose, which is why a lot of those situations resolve with a more favorable deal. In this case, the accused is choosing to walk away before it even comes to that, and cash out.

Juliet Macur is looking for blood, or the equivalent. I know the feeling, we all know the feeling, and writers and sports entertainers the world over know how to exploit that feeling very well. That’s why thrillers almost always end with the initial wrongdoer dead and WWE kayfabe angles always end with the heel badly injured and humiliated. We all have that urge to jump to revenge, that snap reaction of “why that blankety-blank, I’ll teach him!” Continue reading