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Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Three Takes on Imus
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Sunday, April 15, 2007
Three Takes on Imus
Mark Graber
My first thought on the Imus case was that Imus clearly went over the line and deserved to be fired.
Comments:
Only tangentially related to your comments, but I am wondering where the women's groups are in all this. He called them "ho's," too. Another tacit rule of shock radio (and I fear in much of life, too) is that while there's seemingly a bright line rule regarding any and all racial slurs, it's still perfectly acceptable to say anything you want, no matter how vile, about women.
And it will continue to be until women's groups stand for themselves.
"it's still perfectly acceptable to say anything you want, no matter how vile, about women."
and according to some commentators it's excusable because rappers use the same types of slang. it's like that old childhood argument, "how come i don't get to -- billy's mom lets him!"
Rappers only use that kind of slang on people who are ho's & bitches in the community, unfortunately that is how some females act. But Imus was wrong because these women were college educated women, not nappy headed ho's. And what's wrong with nappy heads.
Don Imus' banishment from the public airwaves also deprives him of a critical platform to raise money for the sprawling Imus Ranch. http://www.hollywoodsquared.com/
Boy! This one is a bit of a problem.
Don Imus was not the blind instrument of his superiors, even assuming that automatist young law professors might be (and might be forgiven for being so, a debatable proposition cf. E.g. Kyle .) Don Imus was no automaton. Don Imus was a joint venturer and originator and developer and producer of a shtick that made him rich and famous, churning the dignity of others into dollars on a commercial bottom line. It was the risk that Imus chose to run that made him, at the same time, both dollars and sacrificeable. Imus apparently made a deal with the devil more than 40 years ago. Nothing happened here more than old pointy-tail cashed in. Oh. And by the way, that doesn’t mean that others, like local, radio sports, drive-homers are immune either. Perhaps – and one might hope there is – a kind of radio personality, drive home common law developing here that will end up sharpening up that line.
I don't believe Imus deliberately made a racist comment. I think they thought they were just being witty and snarky and made the mistake of feeling too comfortable in their priviledged untouchable positions. Plus they snarked a politically protected minority - if it had been muslims all would be well because that's acceptable these days.
if it had been muslims all would be well because that's acceptable these days.
Lamentably so. I suppose if Bart can link to kos, I can link to Michelle Malkin, right?
Nolo,
I don't think Don Imus thinks he's a sexist or a racist. People who make sexist and racist comments rarely do and they are in the majority. It's the ones who know it and are proud of it that are in the minority and it's a constant struggle just to keep it that way.
nolocontendere:
I don't believe Imus deliberately made a racist comment. Strangely enough, the RW talk radio foamers were out in droves defending Imus, and spinning the meme that "nappy headed hos" was just 'satire' on what's (allegedly) regularly said by rappers. "See, it's just satire. And I'm just an entertainer (and a harmless little fuzzball) [which may be saying too much about the speaker of said phrases]" Bosh and kibble, of course. What really salted it (and what the RW foamer folks leave out is: "...the girls from Tennessee, they all look cute..." You won't see that in the rapster repertoire. Glad the market took care of it. Hope it does the same for Beck et.al. Cheers,
He's a shock jock, isn't he supposed to shock? At least, that's been my impression every time I've been involuntarilly exposed to the genre. This whole story is so stupid I can feel my IQ dropping every time somebody mentions it.
And the stupidest part has to be apologizing to Al Sharpton. Al Sharpton? How many murderous mobs has Imus whipped up?
Brett... How many murderous mobs has Imus whipped up?
After 9/11? My guess would be quite a few. The problem is, he's an idiot like the rest and the mobs went into Iraq, even though wiser men and women were saying, "WTF!" BTW, Howard Stern is shock jock. Imus is just an old jock.
ok, you have heard from one graber. now here's the take from another.
i confess to being a diehard fan of imus, and a listener for the past twenty-five years or so. as such, and knowing that i will miss hearing the show at least for a little while, i am disappointed in what has happened. i happened to have been listening when the incident in question took place, and did not think anything of it at the time. perhaps i was wrong not to think anything of it. maybe if i had a daughter, which i do not, i would have straightened up a little in my car seat. perhaps i would have paid more attention were i not a while male. i was frankly stunned when i returned home last sunday night, and heard for the first time about the firestorm that had erupted around the "nappy headed hos" comment. what this comes down to is not only the context in which a statement is made, but the context in which it is heard. as i noted above, when i heard the statement live, it was just another (poor taste) bad joke that i have heard on the show many, many times before. i fully understand in retrospect that the statement is indefensible, probably on any level. because i am a white male, perhaps i was not as sensitive to the statement as i should have been. my lack of sensitivity to the statement is my fault. i also understand and believe that the target of the comment, the rutgers women, are what made this different than the usual imus shtick. these young ladies are not public figures in the sense that hillary clinton, another frequent imus target, is. as such, they do not have a pulpit from which to defend themselves had they chosen to do so. as such, regardless of the language used, targeting these young women was wrong. my beef with this whole thing is whether or not the punishment fits the crime. in this respect, the marketplace would be the proper vehicle for determining whether or not imus should have been removed from the airwaves. i don't believe the marketplace was given the chance to react in the rush to judgment. i fully believe that imus should have been suspended for his comments, knowing now how hurtful they were. i do believe, however, he should have been given the chance to show that he understood, and to come back on the air, with the tenor of his show changed, as he had vowed to do. if the tenor did not change, he could have been taken off the air at any time after that. i find it a shame that he was not allowed to get this chance. for all we know, he may have provided the forum for change in the discussion of race and race relations in this country that those screaming for his head now strive for. i make no bold pronouncements that this puts all other shock jocks or "out there" commentators from either side of the political aisle on notice. that is an issue for the marketplace to decide. i would think, however, that for the moment, all commentators will watch what they say a little more closely, and that is probably a good thing. like all other things, this will probably die down in a month or so, even if the issues that it raised should not be allowed to creep away. just so all will know, the grabers are a rather diverse group. mark has given you his take. i have given you mine. our mother simply thinks that imus should have been taken off the air as soon as the words came out of his mouth. the youngest brother has not yet been solicited of his opinion. i am sure that by now he is hiding from mark and i so that he doesn't get dragged into this.
Imus is on the record saying that he hired Bernard McGuirk "to tell the nigger jokes". Anyone who hires a designated nigger joker is a racist and has no place on the public airwaves.
I'm glad he got fired.
I don't hear too many people truly concerned about the feelings of the young women and the effect of the media microscope they're under.
I've heard many different arguments (some of Mark's are refreshingly new) but ultimately I end up usually replying: "how's that connected to the girls on the basketball team?" Haven't heard an answer to that yet. The whole saga reminds me of a Tom Wolfe novel, with this incredible tapestry of cause and effect, right down to Governor Corzine almost being killed in a car accident on the way to a meeting between the team and Imus. The media figures, Sharpton, Imus - I don't know else to say except it all made me feel disgust.
"In this respect, the marketplace would be the proper vehicle for determining whether or not imus should have been removed from the airwaves."
The marketplace did decide. As I said to my sister who tried to turn my belief in artistic expression against me - Imus can say whatever he pleases. And NBC and CBS can axe him for it. Or not. The marketplace did work as it should. Ratings and viewership are only one part of the marketplace. Viacom and NBC Universal decided the continuing broadcast of Imus was not compatible with their business interests. And I don't mean to sound shrill, but there are marketplaces for everything from books about angels to the most depraved and illegal garbage. "Let the marketplace decide" or "this is what the people want" are phrases that always scare me a little, because they are said by people rationalizing something...
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