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5thCircAppeals's profile
Jason P. Steed
Jason P. Steed
Jason P. Steed
@5thCircAppeals

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Jason P. Steed

@5thCircAppeals

Former English prof, now appellate lawyer • "Our whole life is a matter of semantics." – Felix Frankfurter • #appellatetwitter • he/his • All the disclaimers

Dallas, TX
formalegalis.org
Joined June 2010

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    1. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016

      1. I wrote my PhD dissertation on the social function of humor (in literature & film) and here's the thing about "just joking."

      592 replies 18,351 retweets 28,980 likes
    2. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
      Replying to @5thCircAppeals

      2. You're never "just joking." Nobody is ever "just joking." Humor is a social act that performs a social function (always).

      124 replies 8,013 retweets 13,667 likes
      Jason P. Steed‏ @5thCircAppeals 9 Aug 2016

      3. To say humor is social act is to say it is always in social context; we don't joke alone. Humor is a way we relate/interact with others.

      12:46 PM - 9 Aug 2016
      • 3,370 Retweets
      • 6,726 Likes
      • Lori M Holly W.... Rachel Ro Jim Benson Evidence-based Judie Howrylak M Miranda Binewski SusanKWright Nadia Englund
      54 replies 3,370 retweets 6,726 likes
        1. New conversation
        2. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          4. Which is to say, humor is a way we construct identity - who we are in relation to others. We use humor to form groups...

          6 replies 3,011 retweets 5,953 likes
        3. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          5. ...and to find our individual place in or out of those groups. In short, joking/humor is one tool by which we assimilate or alienate.

          12 replies 3,137 retweets 6,194 likes
        4. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          6. IOW, we use humor to bring people into - or keep them out of - our social groups. This is what humor *does.* What it's for.

          18 replies 3,144 retweets 6,085 likes
        5. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          7. Consequently, how we use humor is tied up with ethics - who do we embrace, who do we shun, and how/why?

          11 replies 2,765 retweets 5,475 likes
        6. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          8. And the assimilating/alienating function of humor works not only only people but also on *ideas.* This is important.

          7 replies 2,462 retweets 4,766 likes
        7. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          9. This is why, e.g., racist "jokes" are bad. Not just because they serve to alienate certain people, but also because...

          37 replies 3,211 retweets 5,843 likes
        8. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          10. ...they serve to assimilate the idea of racism (the idea of alienating people based on their race). And so we come to Trump.

          19 replies 3,067 retweets 5,793 likes
        9. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          11. A racist joke sends a message to the in-group that racism is acceptable. (If you don't find it acceptable, you're in the out-group.)

          27 replies 4,043 retweets 6,615 likes
        10. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          12. The racist joke teller might say "just joking" - but this is a *defense* to the out-group. He doesn't have to say this to the in-group.

          16 replies 3,548 retweets 6,149 likes
        11. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          13. This is why we're never "just joking." To the in-group, no defense of the joke is needed; the idea conveyed is accepted/acceptable.

          12 replies 3,171 retweets 5,681 likes
        12. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          14. So, when Trump jokes about assassination or armed revolt, he's asking the in-group to assimilate/accept that idea. That's what jokes do.

          60 replies 3,636 retweets 6,347 likes
        13. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          15. And when he says "just joking," that's a defense offered to the out-group who was never meant to assimilate the idea in the first place.

          8 replies 2,629 retweets 5,152 likes
        14. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          16. Indeed, circling back to the start, the joke *itself* is a way to define in-group and out-group, through assimilation & alienation.

          7 replies 2,032 retweets 4,476 likes
        15. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          17. If you're willing to accept "just joking" as defense, you're willing to enter in-group where idea conveyed by the joke is acceptable.

          34 replies 3,128 retweets 5,730 likes
        16. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          18. IOW, if "just joking" excuses racist jokes, then in-group has accepted idea of racism as part of being in-group.

          10 replies 2,106 retweets 4,246 likes
        17. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          19. Same goes for "jokes" about armed revolt or assassinating Hillary Clinton. They cannot be accepted as "just joking."

          33 replies 1,929 retweets 4,211 likes
        18. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          20. Now, a big caveat: humor (like all language) is complicated and always a matter of interpretation. For example, we might have...

          7 replies 1,593 retweets 3,552 likes
        19. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          21. ...racist humor that is, in fact, designed to alienate (rather than assimilate) the idea of racism. (Think satire or parody.)

          22 replies 1,657 retweets 4,069 likes
        20. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          22. But I think it's pretty clear Trump was not engaging in some complex satirical form of humor. He was "just joking." In the worst sense.

          54 replies 1,717 retweets 4,300 likes
        21. Jason P. Steed‏ @5thCircAppeals 9 Aug 2016
          Replying to @5thCircAppeals

          23. Bottom line: don't accept "just joking" as excuse for what Trump said today. The in-group for that joke should be tiny. Like his hands.

          342 replies 4,293 retweets 11,450 likes
        22. Jason P. Steed‏ @5thCircAppeals 23 Mar 2017
          Replying to @5thCircAppeals

          Link to dissertation (for those asking):https://www.dropbox.com/s/k9ykaq0npesp3wf/Steed-Dissertation.pdf?dl=0 …

          30 replies 259 retweets 1,343 likes
        23. Jason P. Steed‏ @5thCircAppeals Mar 21
          Replying to @5thCircAppeals

          P.S. Some people seem to think this thread supports legal restrictions on jokes. No! This is about ethics (see tweet #7). We don't want to restrict humor, because sometimes it's ethically *good* to use humor to alienate or ostracize certain people or ideas (like Nazis or racism).

          11 replies 46 retweets 421 likes
        24. 1 more reply

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