My Answers To The “Ten Questions For Supporters Of “The Movement For Black Lives” And Anyone Else With The Guts To Consider Them”

Yes, it IS the same thing as "out of the circle": you know, Rude.

Yes, it IS the same thing as “out of the circle”: you know, Rude.

I allowed, for the most part, the debate following the post from last week, “Ten Questions For Supporters Of “The Movement For Black Lives” And Anyone Else With The Guts To Consider Them.” to continue largely unimpeded by interjections by me. I did this in part because of lack of time and energy–I am still wiped out by a bout with bronchitis—but eventually because I wanted to see where the discussion went without me. I saw. I read. I was depressed.

Here is how I would answer the ten questions. I will for the most part use Charlie Greens’ responses as a foil, because he can take it.

To briefly review for those who did not see the initial post, the questions were sparked by an incident following the a three day conference held at Cleveland State University for the Movement for Black Lives.

On the final day, as supporters of Movement for Black Lives were leaving CSU, they saw Greater Cleveland RTA officers with a black teenage boy in handcuffs at a bus shelter. The rest is from Cleveland.com, linked in the article:

The conference participants immediately assumed that the police – not the boy – had done something wrong and began rallying against the police, demanding to know why he was in handcuffs and that he be released. Nobody could have known what was going on. But that didn’t’ seem to matter. The crowd fed on itself.

The RTA later explained that its officers had removed the boy – who they suspect was intoxicated — without incident from a bus and sat him at shelter at Euclid Avenue and East 24th Street so they could get information from him and call his parents. The police officers said in a report that they found the teen on the bus passed out and drooling. He was cuffed as a matter of procedure. As the crowd swelled, the police placed the boy in a police car for his safety, the RTA said in a statement. Then, protesters — many of whom were filming the action on their cell phones – surrounded the RTA police car and prevented the police from moving the teen. (Normally, RTA officers take juveniles to police headquarters, where they are released to an adult.)

An RTA officer then did something stupid. He shot pepper spray at people blocking the patrol car — a move that incited the crowd and played perfectly into the conference narrative about police. Several people were hit and were seen washing out their eyes with water, according to video of the incident posted online….

When an ambulance arrived to check on the teen boy, the crowd moved to allow him to be examined. As police walked him to the ambulance, the crowd chanted “Take them off, take them off” in reference to the handcuffs. The teen was released to his mother, who arrived on scene, and the incident ended….

Brandon Blackwell, a crime reporter for the Northeast Ohio Media Group who frequently covers police and demonstrations, saw the pepper spray video and rushed to the scene. When he arrived, the police were gone but the crowds remained. Blackwell then did what he always does. He started recording with his cell phone and asking questions. On Sunday, he used Twitter’s Periscope app to broadcast the scene live. But the crowd turned on Blackwell as he filmed a large group gathered in a circle on a sidewalk outside of a CSU building. A man announced the circle was only for people of “African descent.”

Blackwell, who is white, was dressed in his daily uniform of jeans, a black T-shirt and Converse shoes. He stepped outside the circle and continued to record. Then, people began blocking his camera with shirts, theirs hands, signs and other objects, including an orange traffic cone….During one of the tense moments in the exchange, Blackwell demanded that those blocking his view not touch his camera.

“I got 800 black people behind me, what the fuck you going to do,” a man responded, getting in Blackwell’s face while continuing to block his camera.

Blackwell asked for someone to get the guy away from him, but more people came at Blackwell instead.

1. How was this rally ethically distinguishable from a white supremacy or a KKK rally?

To begin with, it was a spontaneous rally arising out of an organized gathering. The apparent purpose of the demonstration, a protest against alleged police mistreatment of black citizens, is ethically valid, unlike protesting the “mongrelization of the white race” or equal rights for African Americans. However the manner of the protest and its demonstrated values—animus to another race and presumed bad character and lack of trustworthiness of “the other,” in this case, those not of “African descent,” is similarly exclusive, unjust, divisive, unfair, irresponsible and prejudiced—racist.

The answer, therefore, is “Not enough.”

Charles answered, “The same way an anti-Jewish Nazi rally is ethically distinguishable from a Jewish anti-Nazi rally. Does this really require explanation given history?” It’s a flip answer, but it is also dead wrong, and more than a little bit of a deflection. The crowd was protesting abusive police practices, supposedly, not white abuse practices, and not whites. Why would an anti-Klan rally or an anti-Nazi rally  demand a racial or ethnic qualification to participate? Presumably anyone who objected to these racist movements would be welcome to a protest, and if they weren’t, then there is a rebuttable presumption that something more than just conduct was being rallied against.

2. If Blackwell refused to “go to the back of the bus” as commanded, why would he be any less in the right than Rosa Parks?

Charles’ deflection got more desperate here. He wrote:  “That is an absurd analogy. Blackwell was not a minority. Parks was not a reporter. You didn’t state whether the press was allowed, or disallowed. I honestly don’t know enough to answer, but if you do, you should have mentioned it. Not enough info, and an inflammatory metaphor on your part.” I said that the rally was on public property, and that is enough. The press cannot be excluded from a public event, which this was, on public property.

Let’s assume, for Charles’ comfort, that this spontaneous rally of race-baiters who automatically assumed that a drunk and drooling kid being taken off a bus for his own good was going to be executed a la Walter Scott took place on the bus itself—which is no more or less public than the  street or a public university. Blackwell was being relegated to second-class citizen status—“out of the circle” is no different from “the back of the bus,” and arguably it is worse—due to his skin color, and for no other reason. That’s racism. That’s oppression.  That’s unethical; that’s wrong. That he may not be a “minority” according to the demographic of the nation—gee, can he feel discriminated against in 2050, when whites will be a minority, Charles?—is absolutely irrelevant, unless you feel, as I am sure Charles does not, that prejudice and discrimination on the basis of skin color is only wrong if a majority member does it. Moreover, Blackwell was not in the majority there, as the nice gentleman who threatened him with mob violence was kind enough to point out.

The correct answer: Blackwell had every bit as much right to hold his ground in a public place against a racist command that denigrated him as a human being and as a citizen as Rosa Parks did.  If it’s an inflammatory comparison, that is only because those rationalizing the conduct of the demonstrators recoil at the ugly truth.

3. If this is the developing tenor of the BlackLivesMatter movement, why shouldn’t the movement be regarded as a racist one and treated accordingly?

Is it the tenor of the Black Lives Matter movement, as well as “The Movement For Black Lives”? That certainly seems to be what all the signs point to, though I am willing to wait a bit longer. In this case, the group instantly began interfering with legitimate police work, without knowing any facts. That is certainly bigotry, if not racism. Bigotry arises from an irrational, automatic assumption that a group’s members are not trustworthy because they are assumed to possess unattractive and negative characterizations and behavior traits.

Answer: If the various movements continue to act in a bigoted, prejudicial or racist manner, and they have, then they should be regarded and treated as they are.

Charles answered, in a line he may long regret, “Rudeness still does not constitute racism under the law, at least as I understand it. A false conclusion.” Ordering a black man out of a restaurant because of his skin color is rude—it is also dehumanizing, humiliating, offensive, cruel, divisive, and racist. So is telling a reporter that he must “leave the circle” because of where his ancestors came from.

4. How can a university justify allowing a racially segregated event like this occurring on campus?

Trick question. The university didn’t, because the event itself wasn’t segregated. Reports indicated that the conference was racially diverse. However, no public institution could ever ethically use its authority to allow a racially segregated group to hold an event. White students must be allowed to take Black Studies courses.

Charles wrote: “This is the question that colors all the others. Is the university allowed to distinguish between in-group meetings, or not? If it permits such meetings, I see nothing unique about race that would distinguish it. If you’re allowed to have Jewish-only or gay-only groups, then how can you argue you shouldn’t have race-only groups?”

My position is this: if racial minorities do not want to be excluded on the basis of race, then they cannot argue that racial exclusion is justified. The Golden Rule applies. Any other stance is hypocrisy, and permanently undermines progress in eliminating racial bias as long as it persists. This is why affirmative action is both ethically wrong and counter-productive. It is why there should not be televised awards shows for black athletes and black entertainers, and it is why the race-based appointment policies of the Obama Administration have undermined racial trust. You cannot end discrimination by discriminating, and you cannot simultaneously condemn racism while practicing it.

5. Why isn’t condemning such demonstrations a liberal and progressive obligation, and supporting such a demonstration a reactionary one, hostile to civil rights?

Answer: It is an obligation. Because civil rights advocates are unwilling to give up the racial spoils system that sustains them and their organizations, they refuse to meet it. Obviously supporting a race-segregated demonstration is hostile to civil rights.

6. Is there an African-American leader, elected official, commentator or reporter with the courage and integrity to state that this conduct is unethical, illiberal and damaging to the social fabric of the country?

and

7. Are there any white ones with that courage and integrity?

Charles jumped the shark here, answering: “If it’s not unethical or illegal, then the race of someone refusing to agree with you is irrelevant.” This both unethically re-frames the question as being about me, and eliminates a key element of the question, that the conduct is unethical. The conduct involved discrimination based on skin color and ancestry, and that is per se unethical, racist and wrong, no matter who engages in it. That is not my opinion; that is truth. The reason that I selected these individuals for the query is that their societal roles makes truth-telling part of their professional and ethical obligations. As for whites, the issue is fear of being called racist by a panel on CNN or MSNBC.

Answer: If there are, they have been mighty quiet about it.

8. If a rally at the University of Massachusetts demanded that all non-whites leave, this would be a major news story and pundits would be warning that a new wave of anti-black racism was on the rise on college campuses. Why didn’t this incident spark the same kind of publicity and commentary?

Charles denied that a white mob at UMass demanding that a black reporter step to the back of the circle would get negative publicity, a denial that defies explanation, logic and history.

My answer: It didn’t attract the same kind of publicity and commentary because there is a pernicious double standard among the commentariat and in the culture that excuses and rationalizes anti-white racism, just as Charles does.

Here I will address briefly the cultural comments Charles made in a subsequent comment, briefly because I believe long-time commenter here Glenn Logan knocked them over the wall. A lot of these discussions end up in dead-end alleys where an advocate for a manifestly bigoted and racially biased-position held by the African American community argues that whites don’t understand why blacks feel the way they do. This was the issue that got me censored on Ampersand’s progressive blog, and ended his helpful, if predictable, ideological arguments here. His f0llowers insisted that it wasn’t unreasonable for blacks to feel that George Zimmerman should have been convicted of murder—absent any convincing evidence other than the color of the victim, Trayvon Martin—because of history, and accumulated grievances. Similarly, this was the argument for why the shooting of Michael Brown should have led to charges against Darren Wilson–because everybody knows this happens all the time, ergo it is reasonable to assume that it happened this time, regardless of the facts. This was essentially the damaging rationalization offered by President Obama in the wake of the Ferguson riots.

This reasoning is just a rationalization for bias, emotion over reason, bigotry, injustice and prejudice. I can understand how people become racists or sexists or anti-Semites, and why blacks assume that every black suspect killed by a police officer was an unarmed  innocent who had no part in his own demise, can’t you? I understand why so many blacks distrust people because of the color of their skin; what I can’t understand is why they can’t figure out that if they act exactly like the whites who made them distrust whites, whites will continue to distrust them. This is all bias, and people telling me that a destructive bias should be accepted because there’s a reason for it is not a persuasive or a responsible argument. Biases always come from something; there are always reasons people are biased. So what? It’s still bias, and anti-white biases are no more acceptable and no less destructive than other biases.

9. How is the sentiment, message and conduct illustrated by demonstrations such as these helpful, productive, or anything but destructive?

Answer: It’s terribly destructive, and since it is, it should be called such by the most respected and trusted voices in the culture, and not called euphemistic terms like “rudeness.”

10. A popular and much quoted tweet, attributed to various conservative wags, is this. It is dismissed by Democrats and progressives as being an anti-Obama shot and no more. Why isn’t its underlying message undeniably true?

Charles said:  “This is inflammatory, ridiculous, and goes to the heart of the matter. You know better and it is beneath you. It is people like the echo chamber you lead on this particular issue who insist that racism is the fault of the victims, that Obama has been the cause of greater racism, and that blacks should shut up, ignore history, behave themselves and all of us agree to pretend that racism is something that happened long ago, and if everyone just acted white it would all go away.”

I have never insisted or argued that racism is the fault of the victims. And Charles knows this is no echo chamber. On this topic, it is the mainstream media that is the echo chamber.

But the “underlying message is 100% true. Railing against those with the integrity to call out the divisive—not always intentionally divisive, but incompetently, irresponsibly divisive—policies, manipulations and rhetoric of the Obama Democrats—doesn’t obscure what surveys show, what we see and hear, and the sudden spike of murder statistics across the country as a direct result of casting law enforcement as racial conspiracy.

It all was seeded, of course, by the cynical strategy, developed even before Obama was elected, to characterize the same kind of criticism all recent Presidents have been subjected to as racially-motivated, even as this ill-prepared leader has lurched from one disaster to another, domestically and abroad. This was excellent for the goal of making sure that African Americans, whose fortunes have suffered more under this President than any other group, voted for skin-color over self interest in 2012. It has also been a social and cultural calamity. Still, the strategy continues. In the Washington Post last week, for example, African American columnist Colbert King relayed this:

U.S. representative and caucus member James E. Clyburn of South Carolina, the third-ranking House Democrat, said he regarded Netanyahu’s speech as an “affront to America’s first black president.” In an interview with USA Today columnist DeWayne Wickham, Clyburn called Netanyahu’s White House end run “a real in-your-face slap at the president, and black folks know it. . . . [Netanyahu] wouldn’t have done it to any other president.” Pressed as to why Netanyahu would disrespect Obama, Clyburn responded, “You know why.”

That’s right, opposition to the insane Iran deal is all about racism. Netanyahu isn’t worried that a nuclear powered state that continues to declare that it will wipe Israel off the face of the earth might just do it; naw, he just doesn’t like blacks who are presidents. And since Republicans gave him a chance to plead for his nation’s existence, this is just more proof that they are racists too.

Hey, but I understand why they feel that way, so it’s okay.

 

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Rationalization #51: The Hippie’s License, or “If It Feels Good, Do It” (“It’s Natural!”)

hippies

It is time—past time, really— for a another entry in the Ethics Alarms Rationalization List.

One of the most seductive and simple-minded of rationalizations, The Hippie’s License flourished in the 1960’s and still haunts us today. The theory is that that up-tight and sanctimonious moralizers drive mankind into misery, stress and insanity by denying basic human urges and instincts, and worse, declaring conduct based upon them wrong. This leads to guilt and the reduction of self-esteem. The Hippie’s License was employed in the Swinging Sixties to justify everything from promiscuity and adultery to petty theft and lawlessness,  incivility, vandalism, public defecation and poor hygiene. It was also, as it is today, wildly hypocritical: the hippies derided violence, and little is more human or natural than that.

The sad truth is that ethics are unnatural, civilization is unnatural, and the state of being human demands a greater acceptance of responsibility to others than nature has programmed into us. Ethics evolve faster than we do; while our DNA is telling men to mate with every healthy and attractive female, to fight those who challenge their status in their group and to take what we want and need whenever we want and need it, civilization, traditions, laws, societal standards, experience, knowledge, education and ethical systems instruct us otherwise for our own good Indeed, much of the task of being ethical involves recognizing natural instincts that make us do bad things, and resisting them. Continue reading

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Sabrina Corgatelli, Fick

Sabrina_Corgatelli

Sabrina Corgatelli, a university accountant from McCammon, Idaho, is engaging in such blatantly fickish conduct that I am tempted to change the term “fick” to “corgatelli.” I won’t, because the conduct by the felicitously named Leroy Fick (in proudly declaring to the media in 2011 that he would continue to accept public assistance from Michigan despite winning the state lottery) had no defenders at all, while Corgatelli has thousands of fans who are evidently just as warped as she is. Thus Corgatelli is a fick—an individual who not only engages in unethical conduct but who publicly brags about it—and Leroy Fick avoids the fate of being labelled a corgatelli.

I just wanted to get that bit of terminology housekeeping out of the way at the outset. I must say, however, that at least fick Fick’s motives for his fickism are traditional and comprehensible: selfishness and greed. Corgatelli pays large sums of money to travel large distances in order to kill endangered species. If forced with a crossbow to my head to play Sophie’s Choice with one fick or the other, I’ll keep Leroy.

Corgatelli has set out to taunt critics of Cecil the Lion Killer Walter Palmer by posting  serial images of herself on  social media, posing triumphantly with her big game victims, sporting captions like this one, attached to the photo above: Continue reading

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Jury Nullification Ethics: Denver’s District Attorney Tries To Make It Illegal To Teach Jurors About The Power Of Juries

ZengerIs it just me, or does it seem to everyone as if  a lot of public officials have been trying to shrink the First Amendment lately?

Jury nullification is the doctrine, rich in jurisprudential and American history, that declares that juries have the power and the right to reject what they believe are either unjust criminal laws or unjust prosecutions, and acquit defendants who may have been proven guilty on the evidence, essentially nullifying the law by refusing to enforce it . They definitely have that power: once a citizen is declared not guilty, that citizen cannot be tried again. The dilemma is that neither judges nor lawyers are permitted to let juries know about nullification, since nullification defies the law. A defense lawyer mentioning it in a closing argument risks a mistrial, and bar sanctions. In most jurisdictions, judges instruct jurors that it is their duty to apply the law as it is written whether they agree with the law or not. In only a few states are jurors expressly permitted to judge both the facts and the law of the case. In 2012, New Hampshire passed a unique law explicitly allowing defense attorneys to inform juries about jury nullification.

In Denver this week, Mark Iannicelli, 56, set up a small booth with a sign that said “Juror Info” in front of the city’s courthouse. The Denver District Attorney’s Office has charged him with eight counts of jury tampering, because Iannicelli used that booth to hand out flyers about jurors’ rights to practice jury nullification to jury pool members. Yes, he has been charged with tampering with juries that aren’t even juries yet. Continue reading

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The Perplexing Ethics Of Shorts In Courts

Interestingly, the words aren't necessary. The tee shirt is enough.

Interestingly, the words aren’t necessary. The tee shirt is enough.

The New York Daily News thought it was newsworthy that a North Carolina judge objected to a man appearing in court for a hearing dressed in a tee shirt and shorts. “Why are you going to show up to court dressed like that based on these charges?” the judge asked. Not getting what she felt was an appropriate response, she postponed the hearing. The offense involved was a particularly horrific one:Matthew Deans, 28, of Wilmington, N.C.,was charged with two misdemeanor counts of death by vehicle and two other charges in connection with the crash. He is free on $10,000 bail while awaiting trial.

On May 23, Deans’ commercial box truck allegedly ploughed into the back of the car belonging to Hadley and Gentry Eddings,, who were stopped at a traffic light. The Eddings’ 2-year-old son was killed in the crash, and an infant delivered by emergency ceasarian section in the hours after the wreck died as well.

For reasons that are not germane to this post, I’ve been in court a lot lately. When I was taking criminal defense cases, I carefully monitored the in-court attire of my clients, emphasizing that it was crucial for them to display respect for the judge and the system, as well as appropriate appreciation of the seriousness of the offenses charged. Almost without exception, defendants appearing in court today are in casual, often sloppy attire. This shows the stupidity of those appearing, the incompetence of their attorneys, and irresponsible upbringing, schooling and socialization. Continue reading

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When Law Co-Opts Ethics: Florida’s Unconstitutional Pro-Gun Doctor Gag Law Upheld

Unbelievable!

“See doc? That’s what you get for shooting your mouth off! Get it?”

A federal appeals court this week upheld an NRA-crafted Florida law making it illegal for doctors to ask questions and record information about a patient’s gun ownership. Medical groups had challenged the law, arguing that it infringed on doctors’ First Amendment rights.

Which it does. The law is an outrageous incursion on free speech in order to protect gun owners from unwelcome anti-gun lobbying by their physicians.

Among other restrictions, the law says doctors must refrain from asking about gun ownership by patients or family members unless the they believe in “good faith” that the information is relevant to medical care or safety. It also prevent doctors from discriminating against patients or “harassing” them because of owning firearms, which presumably means that it is illegal for a doctor to tell a patient, “You’re too clumsy to own a gun, and if you blow your damn face off, don’t come crying to me.”

“The purpose of the act, as we read it, is not to protect patient privacy by shielding patients from any and all discussion about firearms with their physicians; the act merely requires physicians to refrain from broaching a concededly sensitive topic when they lack any good-faith belief that such information is relevant to the medical care or safety of their patients or others,” said the 2-1 majority opinion, written by Judge Gerald Tjoflat and joined by Judge L. Scott Coogler.

Dissenting Judge Charles Wilson argued that the law violates the First Amendment rights of physicians:

“Simply put, the act is a gag order that prevents doctors from even asking the first question in a conversation about firearms. The act prohibits or significantly chills doctors from expressing their views and providing information to patients about one topic and one topic only, firearms.”

I don’t see how anyone can dispute that analysis. I especially don’t see how the other two judges dispute it.

Doctors shouldn’t use their position of influence to try to impose their political, social and life-style views on patients. If the American Medical Association wants to declare that to be an unethical abuse of a doctor’s status and a patient’s trust, I wouldn’t complain. The law, however, has no more business telling doctors that they can’t advise their patients that owning guns may be bad for their health or their neighbor’s health than it has making it illegal for doctors to tell patients that Donald Trump is just what this country needs in the White House. What’s next, telling dentists that they can’t tell you about their brilliant kids while they’re poking around your mouth?

The state doesn’t have to get involved in what patients and doctors talk about, shouldn’t, and mustn’t. This is a job for ethics, not law. If a doctor won’t stop telling you that the Second Amendment should be repealed, the remedy is easy: tell him to shut up, or you’ll find a new doctor.

Or just shoot him.

Kidding.

_____________________
Pointer: Legal Ethics Forum

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Legally Competent, Ethically Bankrupt: The Zealous, Despicable Monique Pressley, Esq.

cosby-women-new-york-magazine-w724

Bill Cosby’s lawyer Monique Pressley decided to become a hybrid attorney-publicity agent yesterday, and in doing so provided an impromptu seminar on why people hate lawyers, and often should. She was carefully spinning and dissembling on behalf of her client without breaching the ethics rules against lying, parsing words and phrases with skill and deftness, all in the service of a serial sexual abuser and perhaps the greatest hypocrite pop culture has ever produced.

Brava!

Also, Yeeccch!

The impetus for her media spin tour, for that is all it was, is the New York magazine issue that features the stories of 35 of Cosby’s accusers. First Pressley told CNN’s Ashleigh Banfield that the women were comparable to a lynch mob: Continue reading

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