My love of vapid platitudes aside, there are some that wreak greater havoc than others.  Two of my favorites are, “there are two sides to every story,” and “everybody is entitled to their own opinion.”  These are two of the greatest devises for comparing sound reasoning with whatever load of lunacy someone else can come up with.

The other day, David Giacalone of f/k/a wrote me to express his disgust at the lawyer’s argument at sentence for Schenectady’s former Chief of Police and drug dealer, Gregory Kaczmarek (affectionately known as “Kaz”)

Please stop insulting our intelligence by telling us — as your mouthpiece Tom O’Hearn did over and over — that taking the plea “ultimately . . . was a pretty stand up thing for him to do,” because it allowed his wife, against whom there was more-compelling evidence, to avoid going to the penitentiary.  O’Hearn says he’d prefer his client take his chances with a jury. 

I tried to calm David down by reminding him that this is what criminal defense lawyers are required to do, provide the best possible argument they can on behalf of their clients.  Sometimes there is a good argument, well founded in fact and law.  Sometimes, we do the best we can with what we have.  It’s our job.  He understood.  He didn’t like it, but he understood.

On the other hand, that same rationale doesn’t apply everywhere or to everything.  There are assuredly times when reasonable people may differ, when there are policy choices to be made, or mere preferences in the weighing of relevant factors.  Sometimes things fall under the heading of “acceptance decisions,”  Some people love chocolate.  I don’t particularly care for it.  It’s not a right or wrong, but just a personal preference.

Personal preference, however, does not apply to reason.  When it comes to the application of reason, there aren’t always two sides of equal or equivalent value.  Sometimes, the arguments proffered are just irrational or illogical, and do not deserve the deference their makers demand.

Worse still, opinions without basis in fact are worthless.  If people want to fabricate a fiction to justify their arguments, then they lose any right to expect anyone to take them seriously.  You can’t just make things up, then argue your point based upon fiction. 

Now, to bring this home.  There has been an epidemic here of late of people commenting based upon pure, unadulterated, baseless assumption, and then wrapping it up in a logical fallacy.  The content shows that they have no idea that they are relying upon assumption, as they take their views very seriously and can’t begin to comprehend why everyone else doesn’t assume as they do.  In other words, a world exists within their heads, and they believe this world to be real for everyone as it is for them. 

When others fail to back up their view of the world through baseless assumption, they get all huffy.  They insist they’re right.  They demand they’re right.  They stamp their feet and make the same argument over and over, because obviously no one else grasps their brilliance if they don’t see the same world as they do. 

Then they get angry about it.  This stems from the belief that their position is entitled to respect, deference even.  It’s not.  Sure, people (especially me) could be kinder about disagreeing, but no one is entitled to have their ill-conceived notions treated with hid gloves.  No one is entitled to have someone else explain to them, calmly, nicely and usually ad naseum, why their assumptions are wrong.  If they lay an egg, they should expect it to get scrambled.  If they don’t want to be challenged, then keep it to yourself.

At sentence, a defendant has a right to be heard.  Here, there is no such right.  A judge has a responsibility employ appropriate judicial temperament, meaning that he’s generally ill-advised to call a lawyer a moron.  This is no courtroom, and I’m no judge. 

I’m not telling anyone not to speak their mind.  I am, however, telling you that your opinion may not be worthy of admiration and respect, and may well subject you to widespread ridicule.  If it makes you feel any better, there are plenty of people who feel the same about my opinions, laid out for the world to see whenever I post something on Simple Justice. 

I put my credibility on the line every time I put my thoughts in writing and press the little button that makes it appear on my blawg. I take my risks. You take yours.  So don’t whine about it if it turns out that you don’t have a right to your opinion.  I’ve had my butt handed to me from time to time.  Maybe today is your turn.  Get over it. 

If you can’t live with this, go post on the marketing blogs, where they will kiss every butt that comes along lest they miss a potential sale.  There you get kindness, no matter how ridiculous your opinions may be.  Here, you take your chances.