Al Franken now
regrets
resigning from the Senate. Some senators that pushed him to
resign
now
regret that too.
The first (main) article does not state clearly whether Franken
touched Tweeden in the process of making the photo, but it seems he
did not. If that is correct, it was not a sexual act at all. It was
self-mocking humor. The photograph depicted a fictional sexual act
without her fictional consent, but making the photo wasn't a sexual
act.
If it is true that he persistently pressured her to kiss him, on stage
and off, if he stuck his tongue into her mouth despite her objections,
that could well be sexual harassment. He should have accepted no for
an answer the first time she said it. However, calling a kiss "sexual
assault" is an exaggeration, an attempt to equate it to much graver
acts, that are crimes.
The term
"sexual
assault" encourages that injustice, and I believe it has been
popularized specifically with that intention. That is why I reject
that term.
Meanwhile, Franken says he did not do those things, and the other
actors he previously did the same USO skit with said it was not
harassment, just acting. Tweeden's store is clearly false in many
details.
Should we assume Tweeden was honest? With so many demonstrated
falsehoods in her accusations, and given that she planned them with
other right-wing activists, and that all of them follow a leader who
lies as a tactic every day, I have to suspect that she decided to
falsify accusations through exaggeration so as to kick a strong
Democrat out of the Senate.
I have no proof of that suspicion. It is possible that she made the
accusations honestly. Also, in a hypothetical world, someone might
really have done them. Supposing for the moment that those
accusations were true, should Franken have resigned over them?
I don't think so. They are misjudgments, not crimes. Franken
deserved the chance to learn from the criticism that surprised him.
Zero tolerance is a very bad way to judge people.
However, the most important point is to reject the position that if B
feels hurt by what A said or did, then automatically A is wrong.
People judged Franken that way, and he judged himself that way. But
that way degrades the concept of "wrong" into a mere expression of
subjective disapproval. What can legitimately be asserted
subjectively can legitimately be ignored subjectively too. To judge A
that way is to set B up as a tyrant.
If B's feelings were hurt, that's unfortunate -- but is that A's
fault? If so, was it culpable, or just a mistake? That is what we
have to judge, and if we want others to think our judgments worth
following, they must be based on objective facts and objective
standards, including objective standards for what words and gestures
objectively mean.
Traister is wrestling with a solvable problem. She says, "When you
change rules, you end up penalizing people who were caught behaving
according to the old rules." Maybe people do, but that is a sign of
carelessness. It isn't really hard to change the rules and then judge
old actions by the old rules. We just have to remember to do so.