Begging For Trouble

For anyone remotely familiar with what the blawgosphere has done to protect and defend free speech, no one has done more of his own volition than Ken at  Popehat (yes, his real name is now public knowledge, but I reflexively call him Ken at Popehat and have no plan to stop until he tells me otherwise).  When a blogger’s freedom of speech is challenged, Ken has never shied away from standing up for him, regardless of politics or location, and without seeking any compensation for his efforts.

For this, he’s received the Wages of Snark, including offers of sex from pseudonymous internet commenters of dubious gender, cufflinks and a trophy:




He deserves this, and more, for serving the cause of free speech in the blogosphere without reservation. Well, maybe not the cufflinks, but let’s not get picky.

Despite my sincere admiration for what Ken’s done, I remain somewhat troubled by it for two reasons. First, I can’t help but wonder why all the “friends” of a blogger, those who share not only the “belief” in free speech (at least when it serves their interest) but similarly share the politics, haven’t put their money where their mouth is.  I’m speaking here of the Brett Kimberlin/Aaron Worthing affair.

While many blawgers added their voices to the cause,  myself included, of free speech, many conservative bloggers used this as a means of bolstering their conservative political agenda by using “left-leaning” bloggers as proof of their righteousness.  They were only too happy to left Ken do the heavy lifting. Why?  There is no shortage of lawyers among conservative bloggers. They have the same ability as Ken to send letters or walk into court. Yet they didn’t.

Or perhaps the wide swathe of big-time conservative pundits could have sent Ken a check to contribute to the cost of his efforts, and implored their adherent to do the same, so that Ken wouldn’t be solely responsible for the price of free speech.  I’m unaware of anyone sending Ken a dime to contribute to the cause. Not that Ken asked for anything, as a good man wouldn’t, but that doesn’t mean they can’t take up a collection among themselves for the benefit of one of their own.  Instead, they are only too happy to let the left-leaning lawyer do the dirty work on his own dime while they seize the opportunity for their own benefit.

The second aspect that I find troubling is that it encourages those who see the internet as a free ride to attack.


Now, I have only very rarely run into Freakish Entitlement Syndrome, which is always a hazard of offering something for free. But it happens. And it irks the living shit out of me, and sometimes puts me off the whole enterprise for a day or two.

Ken links to the Advice Goddess, Amy Alkon, who writes of the problem.  After all, if she’s on the internet and can be reached, then she’s fair game for anyone who wants her services on demand and for free. And should she have the audacity not to give herself away, then she is evil for not satisfying the demands of the entitled.

Ken says he has “only very rarely” run into this problem, which frankly shocks me given his open approach to helping bloggers.  It’s barely a hop from the limited scope of his largesse to a demands that he fulfill the needs of anyone with keyboard.  I get ‘requests” for pro bono daily, and I would imagine he does as well.  When I respond negatively, some get angry. Some get very angry, because they are entitled to “justice” and it’s my duty to get it for them. Freakish indeed.

These well-intended efforts feed the belief of entitled narcissists and nutjobs that we exist to serve them, and should we fail to do so, we are either part of the conspiracy against them or their direct enemies and deserving of attack.  For those of you who don’t have a blog, there are far more nuts on the internet than you would believe, and some can be quite scary crazy.

There is a lot of tough talk in the blawgosphere.  Some is nothing more than noise.  Some is total baloney.  But few back up their talk with action like Ken, even if I have no clue what Ken is saying half the time when he devolves into hipster internet lingo. Still, there is no doubt that Ken will back it up.

Which leads me to a final aspect of all this that disturbs me, though it’s beneath the level to be worthy of a place on the list.  Ken’s willingness to jump into the fray, to put up the Popehat Signal, makes me feel inadequate.


This award has proven to be an invaluable management tool. Occasionally a partner or associate argues with me. I point to the statute and say “Do YOU have an award for badassery?” They subside, sadly, and submit. As it should be.

I have no award for badassery either, and so I tip my hat to Ken White and submit. 

10 thoughts on “Begging For Trouble

  1. Ken

    Scott, you continue to be far kinder than I deserve. And you continue to call me out when you think I am wrong, which I deeply appreciate. Plus, most of what I write is easy snark. Nobody puts out more serious and substantive commentary on subjects important to me as a criminal defense attorney than you. I tip my hat to you, sir.

  2. Jordan

    “For those of you who don’t have a blog, there are far more nuts on the internet than you would believe, and some can be quite scary crazy.”

    With the exception of about two or three clients, just about every single potential client who has found us through the internet has been a nutjob.

    Anytime someone says “I found you guys on Yelp”, in my mind I say “Strike 1.” It’s usually followed by “I don’t give out my home address” and then “I don’t want you contacting my previous lawyers.” (strike 2, strike 3, bye bye.)

    I’ve had terrible experiences with clients who find our firm on the internet. The amount of crazies out there who think they are entitled to free legal work blows my mind.

    Sorry, this was supposed to be about Ken. He is the king of awesome.

  3. SHG

    Are you calling all those social media legal marketers liars?  This is the future of law, you know. They say so.

  4. CLH

    Does Ken have a donation link somewhere? Not that I could contribute much, but at least money for another beer or scotch (whatever his poison) wouldn’t hurt.

  5. Ken

    You’re very kind. But partially for liability reasons, we don’t solicit donations. If you wanted to make me happy, make a modest donation to FIRE or the ACLU or some organization that fights for rights.

  6. CLH

    Oh dear lord, how insensitive of me. Next time I’m in your neck of the woods, I’ll treat you to a bottle of 18yo Laphroaig. I’ll be heading up to Maine in August, I’ll drop on by >.O

    Note: I hate scotch, and my brother keeps sending me cases of it- but I won’t ever tell him that, always makes for a great and generous seeming re-gift. Oh, and you don’t have a donation link either =b

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