Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Who hasn’t wanted to tell a scheming, incompetent manager or boss just what we think of them while clearing our desk and walking out of an office that had become toxic, emotional poison – a menacing Skull and Crossbones.

If there were no consequences, giving them a piece of your mind might feel good, “But the operative word here has only two letters and is the most powerful in any language,” states Lyle Sussman, Ph.D., former Chairman and Professor Emeritus of Management, College of Business and Public Administration at the University of Louisville.

“That word is if. What if there had never been a Napoleon, a Hitler a Stalin or Winston Churchill? How different would our world be, today? Especially now, ‘Telling them what I think as I walk out’ has a greater potential for causing lasting harm than ever before,” Sussman cautions, and has us ask a question.

Will I Cross Paths with This Employer in the Future?

“Before saying anything of a critical nature,” he underscores, “ask yourself this question: ‘How likely is it that I will cross paths with this employer in the future?’

“If you can guarantee the probability is 100% that you never will, then being relatively candid is ok. So, if you think the person is a real jerk and that you have been treated as a second class citizen, you can say it.

“But this is only if you are absolutely sure that you will never cross paths with that person in the future – that you will never need them or their organization as a reference or if you might want to work there again.”

Nothing Gets Deleted Anymore

To Sussman, today we are living in a different world–a world that doesn’t forget–in large part due to social media.

“Five or six years ago I would have said that candor and honesty is good for the soul and might even help the other party. Now I am much more reluctant to recommend this because there are no secrets. We are living in a world where nothing gets deleted anymore.

Sure, hit delete and you don’t see it anymore, but it may still be out there, somewhere.

“We have all said things at some time in our lives which may have been justified and proper then–or just plain silly–which we have forgotten, but which have the power to come back and haunt us when taken out of context, especially by someone or some group with an agenda. As Google never forgets, a search may bring up old information from 10, 20, 30 years back – events that are irrelevant to your life today and your accomplishments.”

And his conclusion about candor when leaving a job?

“Unless the person decides that they are going to sell sea shells in Margaritaville and never return to society, you’ve got to be very cautions.

“Err on the side of disclosing less than more. Be civil and concentrate on moving forward with the assumption that you may need this person in the future again. Shake hands, smile and say ‘thank you for the opportunity of working here and learning so much.’”

Just ask Comedian/Actor Kevin Hart about The Dangerous Power of the Past

“If you want an example of incredible unfairness, take the example of comedian and Oscar nominated actor Kevin Hart,” says Dr. David D. Schein, Associate Professor at the Cameron School of Business of the University of St. Thomas in Houston and author of The Decline of America: 100 Years of Leadership Failures.

Ten years ago, as part of Hart’s standup comedy act, he made what were characterized as anti-gay statements. After he was named host of this year’s Oscars, videos of his act and anti-gay tweets were splashed across the web. He emphasized that he was definitely not homophobic and that this was part of his comedy act at that time. Yet, he was still forced to decline being the prestigious Master of Ceremonies for the 2019 Oscars.

Schein sees, “Something dangerous happening to our country. We are losing our sense of humor and shoving freedom of speech into the freezer when we punish a comedian for his ten-year old monologue. Think of Don Rickles, Joan Rivers and other amazing comics who found funny things about all of us. The public laughed with them and made them famous.

“It is important to grow up as a society and respect who people are today. To penalize someone for something they said 10 years ago as part of a nightclub act is more than unfair. It is dangerous. A tyranny of political correctness is suffocating common sense and free speech in America.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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We can all feel it. Something’s not right with our country. But when did things start going wrong, and more importantly, where are we headed?

Spend some time with “The Decline of America” by Dr. David Schein, and like me, you’ll say, “Finally, someone who gets it!” Schein is an attorney and Associate Professor at the Cameron School of Business of the University of St. Thomas in Houston. He takes us through the past 100 years of leadership from those men who occupied the White House, or as the book’s subtitle announces, “100 years of leadership failures.”

“The Decline of America” presents an objective, non-partisan evaluation of US presidents during the past century, distills their successes, many glaring failures, and, as Schein is a university professor, a grade is assigned.

Two American Presidents stood out in my mind, the first George Bush and Clinton.

After the United States kicked Sadam Hussein out of Kuwait in Operation Desert Storm, in 1991 there was every opportunity to remove him from power, but Bush refused. Many credit that for the second Iraq invasion, and the nightmare we have faced ever since from the region. Schein’s grade for Bush? C-.

And who can forget Monica Lewinsky and scandal-prone Bill Clinton, earning a D-.

College campuses must safeguard free speech rights

As Schein is both an attorney and college professor, we asked if he has personally experienced threats or fears and interference with his own free speech rights when lecturing on college campuses, and unless remedied, what this means for our democracy.

“I am welcomed around the country to speak to Libertarian clubs and to conservative organizations, even though I do not give an especially high grade to Ronald Reagan. On the other hand, I have been warned that I may not get a warm reception on college campuses because many faculty and students do not like to see any criticism of people like Bill Clinton or Barack Obama.

“Free Speech Zones, which have cropped up on many college campuses across America, are a perversion of the term free speech. This is the kind of stuff the Nazis and the USSR did to suppress opponents. They said, ‘Sure you can say anything you like so long as we approve of it.’

“This deprives students of the opportunity to hear multiple views so that they can exercise their own judgement. By definition, college students do not know it all and unless they allow themselves to be exposed to different viewpoints, will never develop critical thinking skills,” he strongly maintains.

“It is a sad situation that threatens our democratic principles. When highly paid attorneys do the bidding of a college administration and fight to justify these clearly unconstitutional free speech zones, it is waste of money and an embarrassment to the legal profession.”

Merger mania threatens competition

Almost 20 years ago, two giant oil companies – Exxon and Mobil – were allowed by the Department of Justice (DOJ) to merge. This, as Schein documents, began what has been referred to as “merger mania.”

“By allowing that merger, other large companies began to merge, and the result is a real threat to what makes American business so great, and that is competition. As an example of mergers which the DOJ has prevented, just look at the number of cell phone companies we have, which has helped the consumer,” he underscores.

Schein asks this question: “We know that consumers benefit from competition among the cell phone companies. How much better would it have been if Exxon and Mobil were not allowed to merge? Fewer competitors make it harder to have competition for goods and services. And, we should not forget that within one year of that merger, the combined oil company shed 14,000 jobs.”

At the present time, CVS is trying to buy Aetna Health Insurance.

“I am very concerned about this merger. American health care needs more, not less, competition. We should not forget that Aetna tried to buy rival health insurer Humana not that long ago. The DOJ sued to block the deal, saying it was anti-competitive and would lead to unfair price increases.”

Department of justice and FBI have become political

Schein echoes the feelings of many people who are “thoroughly disgusted with how politics entered the DOJ in the Obama era with Attorneys General Eric Holder and Loretta Lynch. Both were extremely political. Just as the FBI is under assault now for being political, the DOJ has hurt its reputation for the same reason.”

Dr. Schein concluded our interview with food for thought:

“If we as Americans cannot count on anything coming out of Washington to be non-partisan and to be done in our singular best interest, we have some real problems.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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What do you think is the most important right guaranteed by U.S. Constitution, a right so important that without it, life in our country would be far different from what we know?

“Freedom of Speech, of course!” you’re thinking. “That right supports all the others, such as Freedom of Religion and a Free Press.”

And in survey after survey, Freedom of Speech comes in at the top.

Next question: “Who or what is responsible for keeping our free speech rights alive and healthy?” You are probably thinking, “Our legal system, and lawyers who defend these rights in court.”

That’s the way it should work, but what would you say – how would you feel – if you learned that instead of protecting the free speech rights of college students, school administrators and their lawyers have been doing everything in their power to trample on them?

For that is precisely what’s been going on at Los Angeles Pierce College, one of nine schools in the Los Angeles Community College District. And it all began when Pierce student Kevin Shaw attempted – had the nerve – to hand out copies of the United States Constitution – which is only one of the most important documents ever written.

How dare he do this! My God, the U.S. Constitution! “Kevin must be doing the Devil’s work,” or so apparently thought one of the school’s deans, who promptly told him to knock it off or face real trouble because he wasn’t in the school’s Free Speech Zone.

Ever hear of a Free Speech Zone?

Have you ever heard the term, “Free Speech Zone?” A lot of people haven’t, so, for readers who attended college when the entire campus was a place where our First Amendment rights were exercised daily, a lot has changed, and none of it for the better.

While the Pierce campus is on 426 acres, its administration designated an area large enough to park a couple of cars as a “Free Speech Zone.” Students can use this area only by obtaining permission. That’s right, there’s nothing “Free” about the Free Speech Zone. You can’t just start handing out copies of the U.S. Constitution without permission from the administration.

The school’s message is a slap in the face of Free Speech, coming down to, “We know better and will decide who can engage in Free Speech in our Free Speech Zone.”

Courts have consistently found such restrictions to be unconstitutional.

This did not go down well with Kevin, nor the Philadelphia-based Foundation for Individual Rights in Education who filed suit against the college district, The United States Department of Justice joining in this suit against Pierce.

“We’ve done nothing wrong!”

A college–especially a taxpayer supported, public institution–is a place where discussion and debate is to be fostered and encouraged. It is a public forum. But not to the wizards who hold high positions in the Los Angeles Community College District. They denied that relatively obvious fact. But on January 18th, a Federal District Court told the school to pound sand, their motion to dismiss Kevin’s suit was denied, and unless settled – saving taxpayers a lot of money – this case will continue.

Attorney fees – $111,000 squandered!

Any second year law student in a Constitutional Law course would tell you the District’s position is about as unsinkable as the Titanic.

Unless some administrator with common sense stands up and orders their lawyers to settle the case, the $111,000 paid to this point will seem like lunch money because when the school loses–and they are going to lose, bigtime–they will be hit for the other side’s attorney fees.

Just think of how that $111,000 could have been spent, on books or tuition for poor students.

You are probably wondering “If it is clear, or should be clear to a competent lawyer that a client’s position is not sound and based upon experience, is going to lose and lose badly – we’re talking about taxpayer money going down the drain – doesn’t this raise serious ethical questions?”

“Lawyers are ethically required to provide clients with sound legal advice and counsel which includes evaluating the chances for success and the sustainability of the legal position taken. If the position is weak the client must be informed,” commented Bakersfield business attorney Jay Rosenlieb.

Kevin Shaw is a gutsy college student who did not cave in to bullies. Pierce had a duty to resolve this matter immediately, respecting the U.S. Constitution and saving taxpayer money. Whoever approved this nauseating waste of public funds wanted to make a point. And they did. Enough! Stop now.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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September 12, 2015 • By Dennis Beaver

You might not have seen the movie, “Network,” but it is almost certain that you’ve heard one of its powerful and enduring lines spoken by Howard Beale, a longtime news anchor suffering a meltdown on the air.

“I’m mad as hell and I’m not going to take this anymore,” he encourages viewers to shout from their windows, which is exactly what thousands of people across America do. As a result, ratings skyrocket, Beale’s on-air antics are encouraged, turning a serious news program into nothing more than entertainment, all for the sake of building a larger audience.

To Phoenix-based attorney and author, Robert McWhirter, “This 1976 film gave us a disturbingly accurate picture what many — if not most — television news/talk shows have become.

“Dennis, in the past handful of years when watching any TV talk show, even many of the news or financial programs hosted by very intelligent people, civility — just being polite and listening to others express their opinion without interrupting or yelling at each other — was thrown out the window, and replaced by anger.

“This rudeness and talking over each other harms our country — especially the younger generation — as the refusal to listen and thereby losing the ability or desire to compromise appears perfectly acceptable. Now, toss in all the thousands of blogs made possible by the Internet, and no one is talking to anyone else unless they are yelling.

“Our children will see this as the way adults talk to each other and it’s not healthy for our democracy,” he maintains, adding, “Because it gives a bully the power to shut down dialogue.

“When the Pilgrims arrived in the New World, they brought something credited by historians as being critical to establishing a level of freedom which led to the First Amendment rights we all enjoy today. Any idea what it was? ” McWhirter asked.

“Beads to buy Manhattan with?” we guessed — wrong.

“With survival a daily challenge, among the first things the Pilgrims brought with them on the Mayflower were printing presses – making information accessible to everyone who could read a pamphlet or newspaper,” he enthusiastically notes.

Until the early 1900s the press was the great mass-communication technology, then came radio followed by television. All three require:

• Fact checking and procedures in place to assure accuracy, so that not just anything is printed or broadcast.
• Editors, who look for errors in spelling, punctuation, grammar and terminology.

To McWhirter, “One significant weakness of the Internet is the lack of editors. Yes, today more voices are able to reach a broader audience — which is a positive aspect of what this technology accomplishes.

“The lack of editors — lack of filtering, and appalling grammar — these go beyond merely weakness. Technology is the greatest challenge to free speech — indeed, to our freedom — as it gives more power to government or any other group with the sophistication to harness the power, for example, the recruitment ability of ISIS.

“One of the problems of technology is that everyone has a mic and listens to who they want to. So, we go on line and hear certain information but do not hear the nation’s voice — what others are thinking — which makes the press even more necessary, ferreting out problems in a community — corruption for example — and helps to mold and have intelligent debate.

“When a newspaper closes its doors, our very liberty takes a hit, as there is no debate, no brilliant light focused on those who would do us harm. If you want to control a country, then first, control the sources of information.”

Why America is great – What we need to teach

Speaking with Bob McWhirter is a Vitamin B-12 shot of those things which Americans have the right — have earned the right — to be proud of.

“We were founded on ideals of tolerance and acceptance of others and other cultures. We must give people a basic understanding of why America is great, and we are not great because of having landed on the moon or having the most powerful aircraft carriers.

“America is great because anyone can speak their mind. And we have developed a political system that allows freedom to occur.

“Are kids taught why we are great, about tolerance, free speech, or the concept of a nation, of our nation and what we stand for?” he asks.

“We are now being tested like no other time in our nation’s history, fighting terrorism, while being true to our roots of free speech and maintaining a tolerant and diverse society.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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