Maddow Defense and the Degenerate Legal Climate in the United States

It is now enshrined in law that there is an implied understanding that liberal hosts are just providing commentary even though they’re part of a major news network. Even to the extent that they can make factual claims about other people.

This stands while the speech of taxpayers, physicians, senators and sitting president’s is being throttled for the sake of the freedom of speech of a….platform?


More on the Maddow Defense


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The Importance of Principle


“All that is required for evil to triumph is for good men to do nothing.” Is a rather famous aphorism.

But how do you know that you are a good man? How do you know what you should do?

I use this aphorism and the resultant questions to highlight the importance of preparation. That is of preparing ones mind for struggle and moral quandries through establishing and examining principles.

The establishment and examination of principles is perhaps the most important function of philosophy.


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Rhetoric vs Reality – My Media Philosophy (Vlog)


I’m basically shadowboxing Steven Crowder to make my points about public discourse. Please take my points with a grain of salt and watch Steven’s videos to form your own opinion. Not trying to be patronizing by stating the obvious. I just want it understood that this is an idea sketch for what I feel is the best style of media for an informed public.


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More than a Right

Related image


Free speech is life.

Allow me to elaborate.

Breathing is not considered a right.

It’s not considered in the same category as rights, privileges, and all the myriad distinctions thereof.

No. Even prisoners and slaves are unquestionably reserved the right to draw air. Certainly, a hair-splitter might say ah but they are killed!

Yes, sometimes but until the point of termination, no one rations their air…sets restrictions on it…how much to inhale…how much to exhale…and where such a thing is appropriate.

Throughout our lifetimes we adopt and abdicate many a position. In so doing we exhale and inhale ideas. If it is bizarre to assume restriction on literal respiration why is it any less bizarre to restrict intellectual respiration?

Yes. But breathing and speaking are two different things. You don’t need to speak to live. I disagree. We are a social species. Our very existence depends on interaction.

Ok. But its only a certain sort of speaking that is absolutely essential. Why should we let fascists, and bigots, and all kinds of meanies be mean?

Throughout our lifetiems, we adopt and abdicate many a position. Its important to allow this to take place naturally. You will gain very little in the way of reforming someone’s position by telling them to shut up. Even less so with the might of the state behind you.

People often say erroneous and heinous things. But we cannot know the intent with certainty. Even when the certainty of intent is almost certainly established we cannot penalize someone for intellectual respiration. This somewhat foppish metaphor I’ve adopted has its merits. It is used because throughout our lifetimes we adopt and abdicate many a position.
Speaking is popularly considered unproductive. Busy people use terse language and do busy things like profit handsomely from exporting manufacturing to exotic locations with charmingly lax labor laws. But even these humanitarians need to speak to do so. In fact, the assembly of ideas into an actionable coherency is speech whether or not it is externalized as air passing over the vocal chords.

When people mull a problem they often mutter under their breaths. This is because they are breathing in and out ideas. They are engaging in something that is more than a right. They are engaging in intellectual respiration.

Many people say things they don’t mean. They’re exhaling bad air. Should an accident of fraught nerves be grounds for prosecution? Again even if the intent of malice is clear there is no guarantee that the expression of an offensive and wrongheaded notion isn’t entirely or at leas in part representative of a misapprehension of the offendee.
Exhaling an idea is an inextricable part of processing that idea. Those who do so may process the idea entirely out of their being. It is not our business to force their breathing. You don’t do CPR on someone merely because they have a cough.

Let people be let people breathe.

But what if they shout fire in a theater? There is a difference between libel and speech. If you accuse the theater of being on fire when it clearly isn’t…I’m of course joking but I think this defense still holds.

Let people be let people breathe.

Anyone that’s around the age of thirty is likely well aware of the distance between the ideas and politics of their early twenties and their present outlook.
Should you have been throttled for thinking skinny jeans were cool?

Well, perhaps so. But then you have become the bully you wish to resist.


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‘Murica Month| Speechcraft + 1776 (Vlog)


A brief vlog discussing the importance of skilled oratory for every citizen of a democratic republic. June is ‘Murica month on Mellow Mission Productions. I’ll be reading up on all things Locke, Washington, 1776, and Murica. Videos and essays are forthcoming.


|Reading List |

Washington, Webster, and Lincoln (Lake English Classics ~ Denney)

1776 ~ DavidMcCullough

The Constitution Two Treatises of Government ~ John Locke

Common Sense ~ Thomas Paine


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The Schlossberg Fractal

Image result for aaron schlossberg


I run a website called The Fractal Journal.

So I tend to see things fractally.

Everyone does. Because everyone understands that no action occurs in a vaccum and is thus inherently multifaceted.

There’s a New York attorney called Aaron Schlossberg who was recently the subject of much controversy.

He took issue with some employees at an eatery. The issue was that they spoke Spanish. He went on a bit of a rant about how he as an American pays for the welfare of these potentially illegal immigrants. That they should speak English etc.

This tirade went viral. The publicity caused Schlossberg so much professional damage that he was even at risk of being disbarred.

This little episode has so many implications that I feel it would be irresponsible for me as a writer and citizen to pass it up.

First, it is demonstrative of a great many things. The impact of social media, the by now tiresome talking point of political polarization, and the nature of modern social expectations.

Let’s unpack that.

Social media is what allowed the incident to gain traction so quickly and in such numbers that it was able to put pressure on Schlossberg’s employers. Social media is also the technology that allowed those who took issue with Schlossberg’s actions to coordinate what can only be described as harrasment.

Political polarization is the fuel that powered both Schlossberg’s ire and the reaction of those seeking the destruction of both his professional and personal life. These two sides of the same coin only reach this sort of fever pitch in the presence of heavy ideological conditioning.

Social expectations today seem to include an insistence on certain points of politesse while completely flaunting general timeworn standards of civil interaction. Schlossberg said something politically unpopular in an aggressive way. Given the overwhelming abundance of casual swearing, in your face banter, and general penchant for sarcasm that permeates American society, it’s not unreasonable to assume that Schlossberg’crucifixionon likely resulted from unpopularity rather than aggression.

All these implications raise questions that I feel are essential to make.

First, social media, is it destructive and if so what can we do about it?

Like any other tool, I don’t think that social media is inherently destructive. The nature of social media seems to tend toward being a catalyst. A catalyst can produce either a favorable or unfavorable reaction. The swelling of outrage that culminated in trolling a private citizen with live Mariachi music and fiestas around his apartment can also be quelled by voices advocating for rationality.

One subcaveat of this social media thing is privacy. Is it fair to take a private citizens outburst and post it online?

Is it fair to then use this evidence to coordinate harassment?

It is true that Mr. Schlossberg was in a public area, behaving very rudely, and that people certainly have the right to film others in public. But does this make it alright for the offended to magnify the event through social media, and in essence involve the entire world in one man losing his cool?

Mr. Schlossberg was not acting civilly but he certainly wasn’t doing anything illegal.

Should we put restrictions on social media posts about private citizens controversial behavior? Should we put restrictions on using such videos to coordinate retribution. Should losing your cool or acting uncouth be so easy to shame from the rooftops?

This technology raises a lot of policy questions which seem to only increase in both number and scope.

I think that it’s a subject that will likely warrant its own article and video.

The second question then is what can be done about political polarization? I think the answer is obvious. Those of us that favor nuanced discussions need to become more vocal and advocate for rational discourse in greater numbers. The popularity of tactics like memes and trolling while fun and not necessarily out of line with the spirit of effective discourse shouldn’t be at the forefront of discourse.

The final question is related to social expectations. Both the public and employers have social expectations. Where, how, and to what extent should such expectations impact the lives of individual citizens?

Wherein does a professional get leeway to act unprofessionally? Being rude certainly falls well within the protection of the first amendment. But, companies can and do exercise the right to fire employees for misconduct. This right is also well within the bounds of the US Constitution.

However, an interesting subcategory emerges here. Namely, should a company be allowed to fire an employee for unprofessional behavior outside of work? If Mr. Schlossberg is good at his job, and reasonably civil in the confines thereof, should his social and political views and faux-pas be cause for termination? If so, then on what legal grounds can he contest the termination?

Image result for ellen simonetti

There do seem to be precedents for firing folks for extracurricular activities. In 2004, Ellen Simonetti was fired for taking pictures of herself in her Delta uniform as she lounged across the backs of airplane seats. The photograph which she posted to a blog about stewardessing, that she’d started in order to cope with the loss of her mother, wasn’t racy even by 1950’s standards. But nonetheless, Delta considered it unprofessional and sacked her.

My position is that Simonetti should not have been fired. Schlossberg has even less reason to be fired/evicted/disbarred etc. than she does. This is because he was not on company property, representing his company, or wearing company paraphernalia when he had his outburst.

His history of outbursts, including one where he ran into a radnomer with his bag and called him a ‘dirty foreigner’ might be a minor case of harassment or perhaps assault. Which I could see as being unsavory for an employer. But, again where should the line be drawn? There wasn’t really any battery, and the harassment was brief, akin to a middle finger on a busy street.

Should a line be drawn at all? Or should employers/landlords continue to wield carte blanche to terminate otherwise competent employees on grounds of unsavory conduct?

When looking at this case I ran across the notion that Schlossberg’s career was destroyed by the people he’d offended. This, to me, is where it gets a tad murky. Schlossberg initiated the aggression, in a public space, he is aware of cell phones, and he is aware of social media. While I 100% sympathize with the notion that the possibility of backlash shouldn’t intimidate Schlossberg or anyone into silence or even politesse, I can’t really view him as a victim. Even if I did, the link between those who posted the video and coordinated the harassment and his termination remains tenuous. Because it was still up to his employer to make the decision, and more importantly, it was up to him to avoid being confrontational.

Running up to randomers to call them dirty foreigners, haranguing Spanish speaking employees, and similar hijinks aren’t really public discourse. They’re outbursts and while they are protected under freedom of speech, that freedom doesn’t necessarily shield you form things like social ostracization, or job loss.

I don’t think either of those things should be the result of making an ass of yourself. However, if you work in a sector that requires a great deal of civic responsibility, being consistently combative, is likely a poor career choice. Whether that’s done on your own time or not.

As you can see, this is a really multifaceted issue that raises many questions. I encourage everyone to comment below, whether you agree or disagree with this analysis.


Sources 

http://excelle.monster.com/news/articles/1348-delta-flight-attendant-fired-for-blogging

https://en.wikipedia.org/wiki/Ellen_Simonetti


https://www.huffingtonpost.com/entry/fiesta-protest-for-aaron-schlossberg_us_5aff7423e4b07309e058125f

https://news.vice.com/en_us/article/8xenxv/honey-im-calling-ice-says-white-guy-at-a-manhattan-restaurant

https://news.vice.com/en_us/article/8xeggb/retribution-has-been-swift-for-im-calling-ice-lawyer-aaron-schlossberg


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A Good Sign?

The video below comes from ‘The Knife Media’ which seems to be taking a step in the right direction. They use a fairly good grasp of logical fallacies to point out the misleading tactics of big media companies and influential personalities. Their journalistic chops working for MSM rags like Bloomberg, TIME, and NYT give them added credibility and insight.

While I’m leary of organizations and people promoting themselves as ‘rational voices’ I think that a lot of good might come out of ‘The Knife Media’ in the years ahead.

Check them out and tell me what you think.

The Knife Media



I found out about ‘The Knife Media’ from another (IMO great) independent journalist: Tim Pool.