Citing that no one officially lodged a criminal complaint isn't a counterpoint. Most sexual assault isn't pursued. Serial creeps are plying their trade right now.
But yeah, if he's associated with a brand and he's going to important trade events for that brand and being a despicable creep, in every dimension that is grounds for being fired.
Mob mentality and so-called cancel culture are deeply unfortunate, often doing more damage than the things they are angered about. However creeps have negative consequences when they come under scrutiny, especially when it encourages others to note other creepy incidents.
Actually it is a counterpoint. If someone accuses me of a crime, then refuses to pursue any prosecution of that crime, and then expects me to suffer consequences for that crime, that's a gross injustice.
That's why we have a justice system.
Society in the US and in much of the western world has agreed that the only official punishments due for anything are when laws are broken. No law broken, no punishment. This is actually a weakness of our society when the lawmaking bodies choose to sit on the sidelines when the ethical or moral values of the society change, but the laws do not.
This is not to say that I endorse lots of new laws to accommodate punishments for people that break moral or ethical values that our society holds, but that without a system that can handle these problems in any capacity, society picks up the slack using whatever tools necessary. As of right now, our society has picked up and run with the idea of ostracism.
Trying to guide how our society treats people who break moral or ethical values is a right we have mostly all agreed that lawmaking bodies are in charge of. Unfortunately, most lawmaking bodies in the US, and maybe other parts of the world, are too concerned with outrage-farming for trying to win re-election. I wish I had a good answer here, but honestly, our society has a lot of social problems we are dealing with poorly right now, and this seems like a low-priority one, unfortunately.
That's not a problem, that's a feature!
After all, do you want to be punished for breaking someone else's moral code?
Whether you like it or not, the legal system and the sets of laws is the only moral and ethical yardstick we have gotten society to agree on.
If you want your particular set of morals to have a punishment then work within the guidelines to get it made into a law.
If you can't garner enough support for your moral position to be made into law then maybe it's not as moral as you think.
Warning people about someone's creepy behavior isn't a punishment, it's a warning that they might violate my moral code and I should probably avoid them. Is me avoiding them punishment? Should I then be punished? not punished?
Define punishment...
Until someone goes around warning other people that they think that you act creepy around children?
How do you define creepy? It's completely subjective. That's why the courts are objective.
Making the argument for mobbing and witch-hunts almost never ends well.
So, if you think that the court system, with it's experts, and centuries of experience, with fallbacks and checks and balances, with emphasis on applying the law with regard to precedent and societal input, with appeals and formal processes that must be followed ... is unable to be objective, what makes you think that random people with an actual specified bias is more objective?
I dunno about you, but I'll take my chances in court over someone who literally shouts their bias to the world any day.
All the arguments for mob justice that you are attempting to make are the same arguments the KKK made for their justice.
You can lose jobs, friends, and clients simply for being a jerk. There's nothing illegal about being an asshole, but plenty of people refuse to work with assholes.
Sure, but the current cancel culture results in people refusing to associate with the accused out of fear, not because they think he or she is a jerk.
I heartily support freedom of association. I don't support a mob of people, completely unrelated to either the victim or the accused, exacting punishments for any third party who exercises their own freedom of association. Made all the more worse when the mob then moves on in a coordinated fashion to the next "accused".
I cannot see a future where I ever support mobbing and witch-hunts, even if I happen to believe their accusation.
So why are their thresholds more important than others'?
This is literally why we have a justice system - people have different ideas about what is wrong and what is right. The justice system, with its set of laws, is the final arbiter o right and wrong.
If you cannot get enough support for adding in your personal moral code to the set of laws, then perhaps it's not as universally moral as you seem to think it is.
What's muddying the discussion is the invocation of the criminal justice system. We all implicitly understand that you can lose your job for being incompetent (not a crime), for calling your boss names (not a crime), for disparaging your company (not a crime), for flying a swastika flag from your car's antenna (not a crime). But because sexual assault is in fact a crime, people move the goalposts: now, for someone to face social and commercial consequences, they need to first be found guilty in a court of law.
That's a strange and, I think, indefensible standard.
Only if they want to also be mobbed. I did say earlier that the mob ensures ostracization via fear.
There is nothing redeeming or respectable about being in a mob, but the current cancel culture is attempting to overturn generations of social norms by trying to portray mobbing and witch-hunting as the moral high-ground.
Believe me, no matter how many big words are used to philosophize about the moral superiority of mobbing, at the end of the day the mobbers are no different to any other mobbers.
> But because sexual assault is in fact a crime, people move the goalposts: now, for someone to face social and commercial consequences, they need to first be found guilty in a court of law.
Well, yes. It's much more serious to be a criminal than a non-criminal. You are equivocating non-criminal acts with actual criminal acts and then appear surprised that for accusations of actual criminal acts people require evidence.
It's not shades of gray - there's a thick and visible line between "He's a criminal" and "he has different opinions to me".
You're damn right - for someone to face serious consequences, there had better be evidence that convinces a court that the person committed the crime of which they are accused.
You keep using that word. I do not think it means what you think it means.
> instead, his defenders are moving the goalposts, so that we use the standards of evidence of criminal conviction and imprisonment to enforce standards of social and commercial behavior.
No goalposts are being moved. The "defenders" as you put it, are simply saying "You are accusing that person of a crime. Where's your evidence?"
We're literally at the point where you appear to be claiming that asking for evidence is "moving the goalposts".
The fact is, nobody is required to meet a standard of proof to choose not to associate with this person. You can keep associating with them if you'd like.
An irony here is that the law actually provides this person with a tool, if people have stopped associating with him commercially because of false statements of purported fact ("he groped someone", or "he attempted to have sex with someone too intoxicated to consent" certainly qualifies, per se in fact, as both are crimes): he can sue for defamation.
Well, yes, there is a higher burden of proof required for criminal accusations. Why do you want it any other way?
> An irony here is that the law actually provides this person with a tool, if people have stopped associating with him commercially because of false statements of purported fact ("he groped someone", or "he attempted to have sex with someone too intoxicated to consent" certainly qualifies, per se in fact, as both are crimes): he can sue for defamation.
Sure, unless the person making the accusation simply responds with "that was my opinion, which I stand by". You can't win a slander/libel lawsuit in many jurisdictions against someone for holding an opinion.
It's also free to make the accusation, while it is costly to defend - the element of fear is what makes the mob powerful.
And that's not at all how defamation defenses work.
"That guy is an asshole" isn't one of those, and the only protection American law offers in that case is "People should think for themselves."
So you can sleep easily, nothing to fear. Well, until somehow, people keep shouting "rapist" when then pass in front of your restaurant, and tell your client to call the cooking institute and ask them about which restaurant in town their female apprentice to avoid. Oh, and the girl you raped shared her story on facebook with your 18 yo daughter, who is not estranged to you. All that, that's gross injustice, too?
Hold on, in your little narrative, how are the accusers sure that there was a rape?
No, seriously, that's the point of the justice system - determine if the crime happened.
So, if anyone ever calls you a rapist, then you are one? Or are you arguing that these rules are only for other people, not for you?
These depressed people use "consequences" as a brief hit of superiority, allowing them to escape the reality of their own failed lives.
...and as quickly as it picks them up, it is gone again, and they then need to search for that next dose of "justice".
Complexity, self-reflection, nuance, are all distractions from what is an emotional addiction.
And like any addiction, you cannot satiate it by giving it more of what it craves. Apologies attract more of them, and they go back to hit the apologizer for more "consequences", like trying to get the last little hit, even if they can see there's nothing left.
Don't engage these people. They are worthless.
Sexual harassment is an enormous problem in every industry. People who just want to do good work and be a part and contribute become targets for predators who objectify, diminish and harass. Culturally it became not okay and people realized they were heard and that these people could have consequences.
A lot of people get riled up about such cases because they have faced similar situations themselves [see also how instances of racism/bigotry can become viral -- it taps into a latent anger]. It becomes cathartic and representative. A movement.
And the creeps of the world surely must have taken notice by now. The imagined Lothorios can stick to actual social events because it's pretty established that it's not a good idea at work, or anything remotely work related (including trade shows and conferences).
This is the long winded version of "no you".
> Sexual harassment is an enormous problem in every industry. People who just want to do good work and be a part and contribute become targets for predators who objectify, diminish and harass. Culturally it became not okay and people realized they were heard and that these people could have consequences.
You think OP is guilty here, with no basis.
> A lot of people get riled up about such cases because they have faced similar situations themselves [see also how instances of racism/bigotry can become viral -- it taps into a latent anger]. It becomes cathartic and representative. A movement.
It's cathartic - exactly. It is for THEM. No one expressing their outrage truly cares about the victims - it is just porn.
> And the creeps of the world surely must have taken notice by now. The imagined Lothorios can stick to actual social events because it's pretty established that it's not a good idea at work, or anything remotely work related (including trade shows and conferences).
You think OP is guilty here, with no basis.
The basis is his public admission that he was guilty, no?
I'd say it's much more accurate than the weird caricature you propped up.
> You think OP is guilty here, with no basis.
A bunch of people cited problem. Employer fired him. I don't assume he's guilty, but I have absolutely no reason to think him innocent, or somehow the victim in all of this.
Being a creep has consequences. His own confession admitted to being a creep (the largest red flag being the claim of doing "dumb things while drunk", which is a go to in every obnoxious behavior). Eh.
...and that mob is not psychologically healthy. The online vengeance mob is a toxic and destructive part of our world.
Yet what is cited as the origin of the torch mob -- a twitter thread -- has a lot of pretty clear accusations by long time Twitter users, some of whom are fairly well known figures.
And FWIW, to use Animats' argument that lack of court proceedings is evidence, surely there's a lot of actionable libel in some of those twitter threads if they are invented. If there isn't such proceedings, is that proof that they're all true? I think we've hit a halting problem!
https://www.hipstersofthecoast.com/2020/06/noah-bradley-admi...
From https://en.wikipedia.org/wiki/Noah_Bradley
Live Twitter reference Link
https://twitter.com/Blackdeerly/status/1274715678444945412
Dead Twitter reference Links
'Bradley’s statement came the morning after concept artist Betty Jiang posted accusations on Twitter about a “bald headed crusty assed ‘well known’ artist who went around groping female devs,” saying that she hoped “to never see you and your shitty v-neck shirts at any workshops or conventions.”'
He apologized for a lot of things, but I don't see him admitting to or apologizing for groping anyone.
https://www.hipstersofthecoast.com/2020/06/noah-bradley-admi...
I have no way of judging the veracity of either side of this argument, but it sure looks like the allegations against him were specific --- at the time.
https://twitter.com/BettyDesuJiang/status/127450059571858227...
Several times above, I have included a link [1] with both a screenshot and description which in no way indicate that... He was accused of being a known groper but that was not a behavior he explicitly apologized for.
[1] https://www.hipstersofthecoast.com/2020/06/noah-bradley-admi...
This is what tptacek was referring to when he said that he used this apology in response to groping allegations.
It's hard to tell what's going on in twitter threads though. Twitter sucks at archiving this kind of info.
You even say you were drunk and did stupid things. It is plausible that you wouldn't even remember doing it.
If anything, your comment is exactly the problem OP is talking about.
That being said, I'm also not surprised that people on HN side with a man with a history of sexually harassment over his victims.
For inexplicable reasons, the HN crowd seems to think that because they're awkward around women that the same thing that happened to Noah can happen to them, but being awkward around women is not sexual harassment. Just don't grab a woman's body without her permission or try to proposition her within minutes of meeting her, and you'll be fine.
When the cancellation was in full swing I got the distinct impression that a lot of people were piling on to settle scores or because they just hated seeing him and his fanboys spamming up his stuff all the time, regardless of whether they actually knew him to be a creep or not.
Your argument here is that he's guilty until proven innocent.
It isn't some universal right or something, and has zero bearing on this conversation.
I'm not saying he's guilty or innocent. But if someone says "he did nothing illegal because he hasn't been charged" [which the comment I replied to claimed], eh... By some estimates only 5% of sexual assaults are reported to police, so it's a sensitive topic.
But that's orthogonal anyways. My core point was that if someone was a creep and causing discomfort at trade events while associated with a brand, it doesn't need to be illegal to have negative consequences.
No. The legal system codifies societal values we have. One of those values is that accusations without evidence, like rumors and gossip, are poor reflections of reality, and should never be used to judge someone's character.
Witch hunts were real, remember?
If my child came to me sobbing that someone abused them, I would not wait for a court to decide the "truth" before I started caring for and protecting my child. Whether the person who hurt them was ever convicted wouldn't me material to my opinion on the events.
He might be worse than Prince Andrew at PR.
https://www.hipstersofthecoast.com/2020/06/noah-bradley-admi...
What does this even mean? Don't apologize for coercing people to have sex if you didn't do that.
There is a very big difference between not taking his apology as truthful and other people distorting what he said ie; people equating apologizing for "pressuring someone to have sex" as the same thing as apologizing for rape.
That runs contrary to most companies I've worked at.
And I wouldn’t want to work for a company that wouldn’t fire people who were acting terribly in public. Who wants to sit next to someone awful all day?
There is a specific set of things for which you cannot be legally fired - "wrongful terminations" - because terminations are by default rightful. And there are a specific set of things for which you effectively must be fired if the organization doesn't want to be seen as approving of your behavior, which is what the abusive workplace stuff is about. Note that the links you provide are about laws that apply to companies, not to individuals.
Between those two extremes, there's a whole lot of stuff for which you can be fired. Reflecting badly on the company and making their customers unhappy, while breaking no laws and exposing the company to no legal risk, is an extremely common case.
It is pretty unfair that people lose their livelihoods because of their employers' whims, and it happens to a whole lot of people who have not even done anything worth apologizing for, and I think our society needs to address this problem in general.
In the US this broadly isn't true, employers can fire someone even if they haven't done anything illegal
She claimed sexual harassment and he was immediately fired. No investigation, no support from the union.
There was no third party witness, just he said-she said. Don’t think unions are there to protect you.
His mother also works at the same store in a different department. Didn’t matter.
The mob had judged him expeditiously. The poor kid has never even kissed a girl.
He could start by not posting a long diatribe about how he's the victim here?
"pressuring" isn't a word used in legal texts anyway.
None of which is illegal. It's not even a matter for civil litigation. He was not accused of doing this as a boss in an organization. Or in a workplace context. There were apparently no criminal charges. No EEOC complaints filed.[1] No abusive workplace charges.[2]
So he acted like a jerk in social situations. It's grounds for being, say, thrown out of a nightclub. But not fired.
[1] https://www.eeoc.gov/sexual-harassment
[2] https://www.nolo.com/legal-encyclopedia/california-sexual-ha...