Category Archives: Our Blog

FUCT again! The United States v. Offensive Speech

It seems I overstepped nineteen months ago in claiming that in a unanimous ruling involving disparaging trademarks, “the Supreme Court, presumably once and for all, has green lighted offensive speech.”

In Matal v. Tam, you may recall, the Court struck down a law that banned registration of trademarks that disparage people, institutions, beliefs, or national symbols. Continue reading

The Curious Case of Sarah Jeong

The sense of offense is finely calibrated. It can detect an insult in a nanosecond and score it as a vile disparagement or a brilliant riposte, as contemptible or courageous, as harmful or enlightening, as doleful or droll, as wretched or risible, all according to the recipient’s sense of identity, community, and ideology. Such is the curious case of Sarah Jeong, Continue reading

Megyn Kelly Flames Out

Offense of the Month, October 2018
Trump and his coven aside (it would be hard, nay, probably impossible, for anyone else to compete), the October 2018 offense-of-the-month designee, hands down, is Megyn Kelly, partly for her actual offensiveness—that is, her racial insensitivity—but mostly for her obtusely loopy dopey stupidity or, as the British might better put it, for being several sandwiches short of a picnic. Not sure I can be any plainer.

Everyone who has looked at a paper, or been online, or watched the news, now knows (but may well forget a month or so from now), that on Tuesday, October 23, Kelly let loose on her NBC show, “Megyn Kelly Today,” about blackface Halloween costumes. She was commenting on a report she may have misread about the “costume police” at the University of Kent in Great Britain. Kelly seemed to think that certain costumes were about to be banned. News accounts are sketchy, and it may be that the student union there was considering a recommendation that students avoid wearing, rather than on outright ban on, “fancy dress” that caricatures cowboys, Nazis, and Harvey Weinstein, among others.

Kelly wondered “what is racist?” Speaking of children today and her own childhood, Kelly, 47, said: “You do get in trouble if you are a white person who puts on blackface for Halloween, or a black person who puts on whiteface for Halloween. Back when I was a kid, that was OK just as long as you were dressing as a character.” Continue reading

Meek Disinherited

Offense of the Month, September 2018
In this time of the Brett Kavanaugh hearings, there are many candidates in the contest for offender of the month. For example, Rep. Ralph Norman (R.-SC), who distinguished himself opening an election-related debate at a Kiwanis Club in Rock Hill, South Carolina with this doozy: “Did y’all hear this latest late-breaking news on the Kavanaugh hearings? . . . Ruth Bader Ginsburg came out saying she was groped by Abraham Lincoln.” And there’s Sarah Jeong, the young tech writer who joined the editorial board of The New York Times despite a plethora of sketchy anti-white tweets, but that controversy exploded in August, and besides, I’ll soon post a longer piece on the problem tweets like hers pose (for her and for the rest of us).

So I’m anointing Ed Meek, a less well-known offender, who likely blundered into his moment of infamy, despite a background that should have kept this honor at bay. Continue reading

Turtles, but not all the way down

Offense of the Month July 2018
Probably not the most offensive display this month, probably not even by a longshot, but it’s the quirkiest that has come to my attention. To be sure, it’s the dog days, so I’ve been slacking off. But now right to it.

The honors (that is, as offender of the month) go to a herpetologist (your basic reptile and amphibian specialist), name of Richard C. Vogt. If you webble him Continue reading

Spiteful Spittle

The interesting thing about ABC’s defenestration of Roseanne Barr two weeks ago when she gratuitously tweeted a racist remark about President Obama’s senior advisor Valerie Jarrett, is that it wasn’t the first time the comedian let loose. Her reputation preceded her. Why was she hired in the first place, only now to be fired because of a single short tweet? Continue reading