Fair Use
What types of ad hominems might then be justified? Walton argues that an ad hominem is valid when the claims made about a person’s character or actions are relevant to the conclusions being drawn. Consider, for example, former New York governor Eliot Spitzer, who was caught on a wiretap arranging to hire a prostitute for $4,300. Because this behavior ran counter to Spitzer’s anticorruption platform, its unveiling would prevent Spitzer from governing successfully; thus, criticizing this aspect of his character was relevant and fair. In an earlier scandal, in 1987, televangelist Jimmy Swaggart was seen at a motel with a prostitute. Because his behavior undercut his preaching and status as a Christian role model, a character attack based on this incident would have been spot-on.
In another case, when President Bill Clinton fibbed on national television about his affair with White House intern Monica Lewinsky, accusations that he was a liar were not entirely unjust. Although a supporter might argue that Clinton’s sex life was not directly relevant to his ability to govern, his ability to adhere to the truth could certainly be, and his willingness to lie on this occasion could call into question the veracity of his remarks on other subjects.
Of course, we should not discount everything any person says, no matter how badly he or she has been discredited. The fact that a person lies or behaves improperly on one occasion does not mean that he or she lies or behaves inappropriately all the time. Again, a critique of a person’s character should not prevent further examination of the arguments at hand. After all, which position is right is usually independent of a person’s character or conduct.
Being aware of how the ad hominem attack works can help us evaluate which instances of its use we should ignore and which we should consider. Ask yourself: How relevant is a political candidate’s character or action to his or her ability to perform in office? How pertinent is any person’s past or group affiliation to the claims that person makes or to that individual’s expertise in a specific domain? If the character-based attacks are not relevant to these larger issues, then they are best ignored. Instead we should attend to what is really important: What is a person asserting? Why does he or she offer a particular view, and is the view defensible?