Month: March 2017

Comment of the Day: “The Destruction Of Doug Adler : Guerillas, Gorillas, ESPN And The First Niggardly Principle”

/ Jack Marshall / 75 Comments

 

I am not in the business of jeremiads, being an optimistic sort, but now and then a post here triggers an articulate and persuasive allegation of existential ethics rot. Such is the latest Comment of the Day, courtesy of reader slickwilly, his first. It was prompted by another commenter’s rueful observations on slickwilly’s earlier musings (sparked by the ESPN reporter whose use of the term “guerilla” was mistakenly attacked as a racial slur, losing him his job) on the public school system, in which he wrote in part,

I pity the teachers (and I live with one) who are afraid to offend a parent by reporting the “perfect little angel’s” latest misdeed, upon pain of possible job and pension loss. (I know of a school district that does not allow a student to flunk… writing a name on an assignment guarantees a passing grade. Butts in seats are how districts are paid, here) I agree with the ‘confronted and taught’ idea in principle, but how do you put that into practice, when doing so can destroy your ability to put food on the table for your family?

To which Zoltar Speaks! replied:

“Have we become a society of wimps unwilling to stand up for our convictions? At some point responsible adults must unite and take a stand regardless of the possibility of negative consequences. Even ignorant people know that there is power in numbers; so choose your battle, gain numerical support, focus on right and wrong, be on the side of right, and stand up for your convictions.”

Here is slickwilly’s Comment of the Day in response, on the post, The Destruction Of Doug Adler : Guerillas, Gorillas, ESPN And The First Niggardly Principle:

“Have we become a society of wimps unwilling to stand up for our convictions?”

Short answer: yes.

In many cases, there are no convictions to stand up for.

We are seeing the Republic die of apathy. There was some awakening when Trump was elected, but the majority of ‘normal’ folks I interact with each day (work and socially) just cannot be bothered to understand the issues, much less get engaged enough to have an opinion at all. If they DO have an opinion, it was usually delivered to them via meme or the MSM, and they cannot defend it.

Americans as a society have had things good for too many generations now for people to believe in an existential threat unless and until it directly impacts their lives. We live atop a thin veneer of civil behavior and mistakenly believe this crust is miles deep and the natural order of things. Continue reading →

Ethics Hero: Notre Dame Political Science Professor Vincent Phillip Muñoz

/ Jack Marshall / 15 Comments

Vincent Phillip Muñoz is the Tocqueville Associate Professor of Political Science and Concurrent Associate Professor of Law at The University of Notre Dame. Following the violent protest that prevented his announced lecture at Middlebury College earlier this month, Prof. Muñoz invited Murray to speak at the University of Notre Dame next week. This occasioned some protests and objections from students and faculty at his own college, and he responded with an essay at RealClearPolitics, writing in part…

Charles Murray is speaking at Notre Dame because I and another Political Science professor assigned his book “Coming Apart” in our classes. His visit is one of several outside lectures that are part of this semester’s Constitutional Studies offerings. My class, “Constitutional Government & Public Policy,” addresses some of the most important and divisive issues in American politics: abortion, gay marriage, religious freedom, inequality, freedom of speech, death penalty, race and the meaning of constitutional equality, immigration, euthanasia, and pornography.

 The class is designed to prompt students to think more deeply and thoughtfully about contemporary moral and political issues. I don’t assign a textbook or “neutral” readings that summarize the issues; I require students to read principled thinkers who advocate vigorously for their respective position. I want my conservative students to read smart, persuasive liberal thinkers, and I want my liberal students to read thoughtful conservatives. Educated citizens can give reasons for their beliefs and can defend intellectually the positions they hold. That requires that we understand and articulate the positions with which we disagree.

…“But Murray is controversial and will make students feel uncomfortable,” my faculty colleagues say. Don’t I know that he has been accused of being racist, anti-gay, and a white nationalist? I’m told that bringing him to campus is not fair to Notre Dame’s marginalized students.

I have no desire to inflict unwanted stress or anxiety on any member of the Notre Dame community, especially our minority students. I appreciate the concern for student well being that motivates some of the opposition to Murray’s visit. But I believe what is most harmful to students—and, to speak candidly, most patronizing—is to “protect” our students from hearing arguments and ideas they supposedly cannot handle.To study politics today requires handling controversial, difficult, and divisive topics…

The price of a real education is hearing powerful arguments that make us realize our opinions are based on untested assumptions. Only then, when we realize that we do not know as much as we think we know, can genuine learning occur.

I invited Dr. Murray to Notre Dame months ago…Given what happened at Middlebury, it would be cowardly to disinvite Murray now. Rescinding his invitation would communicate that violence works; that if you want to influence academia, sharpen your elbows, not your mind. It would tell those who engaged in violence—and those who might engage in or threaten violence—that universities will cower if you just appear intimidating. Rescinding Murray’s invitation would teach exactly the wrong lesson…

Notre Dame faculty critical of Murray have implored me to think about the larger context of what his visit means. I am. That is why I will not rescind his invitation. As a professor and program director, my job is to do what we are supposed to do at universities: pursue the truth through reasoned dialogue and discussion. Whether you find Charles Murray’s scholarship persuasive or objectionable, his visit offers an opportunity to learn. That is why I invited him to speak at Notre Dame. After Middlebury, it’s all the more important that he do so.

It is almost an insult to academia to call Prof. Muñoz ‘s statement heroic. It should be obvious. Dissenters from the position he articulates should be instantly recognizable as regrettable outliers, the opponents of academic freedom and freedom of thought, the advocates of censorship and ideological indoctrination. Yet increasingly it is this traditional view of higher education that Muñoz advocates that is under attack. Continue reading →

Ethics Dunce: The Maryland State Bar Association

/ Jack Marshall / 9 Comments

Do you know what legal ethics opinions are? Many lawyers don’t know, or barely pay attention to them, but the opinions are important. They are written when bar associations have to decide how to handle the gray areas of professional ethics, and believe me, there are more gray areas in legal ethics than the profession likes to admit. Some jurisdictions churn out lots of important and useful legal ethics opinions all year long; others barely bother with them. (Idaho simply stopped issuing such opinions decades ago.) Still, the LEOs, as they are called, are essential when one of the many legal ethics issues crop up that a jurisdiction’s rules themselves don’t cover.

Although bar associations do a terrible job making their legal ethics opinions’ availability known to the general public, LEOs have invaluable information to convey about how lawyers are ethically obligated to serve their clients. They are also essential if people like me are going to be able to remind Maryland’s lawyers about their ethical duties as part of continuing legal education seminars and expert opinions.

So why is it that Maryland, alone among the 51 U.S. jurisdictions, refuses to allow the public access to their legal ethics opinions? All right, neither does Arkansas, but nobody can read in ArkansasKIDDING!!! I’M KIDDING!

In order to find out what the Bar Association has decided regarding specific legal ethics conundrums, or whether the state has any position at all, one has to be a dues-paying member of the Maryland Bar. Never mind that Maryland lawyers, who, like most lawyers, often are subject to the ethics rules of other jurisdictions, can access neighboring bar association LEO’s with a couple of clicks on their computers. Never mind fairness or reciprocity.

Here’s how the question “Why do we hide our ethics opinions?” was answered by one Maryland lawyer online:

“Ethics opinions are MSBA work product: a benefit to members who pay their dues…An ethics opinion is a legal opinion about what it or is not permissible under the rules. If you want legal advice, pay for it. The “rules”, by the way, are published and are available to the public. As are the elements of negligence. Do you tell your clients for free how to prove their negligence cases?”

How’s that for a venal, snotty answer? In fact, there are no “hidden” laws or principles related to negligence, nor are the standards for what constitutes negligence and how it is proven in court only available for a fee. The legal ethics opinions, on the other hand, may be crucial to allowing non-lawyers  know when they are being victimized by unethical members of the Maryland bar. How convenient that the Bar hides these from the view of the group of citizens that have the most urgent need to know about them.

Continue reading →

From The Ethics Alarms Cultural Illiteracy Files: “A Streetcar Naked Desire”

/ Jack Marshall / 43 Comments

On Wheel of Fortune, an unfortunate contestant named Kevin was confronted with the board above, and had only to name the missing letter to collect his prize.

He guessed “K.”

1.  It is fair to say that he had never heard of the Tennessee Williams drama, easily one of the top ten plays in the classic American theatrical canon.

2. Does this amazing gap in Kevin’s basic education prove that American schools are failing our children and society? No. It shouldn’t fill us with confidence, either.

3. What else does this mean Kevin has never heard of? “Stella!!!”?  Brando? Elia Kazan? The House Un-American Activities Committee? Naming names? Guilt by association? “I have always depended on the kindness of strangers”? “Cat on a Hot Tin Roof’?

4. What does it say about U.S. society that someone this ignorant of basic culture feels confident going on a nationally televised game show? I think it suggests that not only are too many people ignorant and uneducated, they don’t even know how ignorant and uneducated they are.  Worse yet, it may mean that such people don’t think that there is anything wrong with being ignorant and uneducated.

5. Though Kevin is being widely mocked on social media, I bet there are more adults who wouldn’t be able to solve the puzzle that we would like to think.

6. This is why I started a professional theater company dedicated to producing great American plays that theater companies didn’t produce any more. “A Streetcar Named Desire,” however, was on the list of plays so common, so frequently taught in schools and so well-known that we would never mount them.

Oops.

[I’m still sick, by the way, and have been sleeping most of the day. This story made me sicker.]

The NBA’s Unethical, Unavoidable, “Bait And Switch”

/ Jack Marshall / 31 Comments

For a second consecutive Saturday, ABC’s  Saturday prime time NBA game was a pre-rigged dud. The LA Clippers blew out the supposedly star-studded Cavaliers, 108-78, as chants of “We want LeBron” echoed through the arena. The three super-stars that make Cleveland an NBA powerhouse,  LeBron James, Kyrie Irving and Kevin Love, were all kept out of the game, not because they were injured,  but because Cleveland coach Ty Lue had decided to rest his “Big 3” in the first of back-to-back games. Sure enough, all three played against the Lakers the next day.

It has become standard practice in the NBA for play-off bound teams to rest stars for “strategic purposes,” meaning that in a league where more than half the teams make the play-offs and the regular season is little more than an exhibition for most of them, it makes no sense to blow out the stars until a championship is on the line.  The NBA, in short, has no integrity. (Neither does the National Hockey League, for the same reason.) The previous Saturday, the San Antonio Spurs blew out the Warriors, 107-85,  as Golden State fielded a  JV team, with Stephen Curry, Draymond Green and Klay Thompson all on the bench. Yet NBA’s new nine-year, $24 billion media rights deal with ABC, Disney and Turner Broadcasting included Saturday Primetime along with  the TNT Thursday Night NBA game and ESPN’s Wednesday and Friday night broadcasts, to showcase the best of the NBA. (Most of the NBA teams never make it to the Saturday ABC game.)

Shouldn’t that kind of money guarantee that the teams put their best players out on the court? NBA fans also typically shell out three figures for tickets. Doesn’t the league pull what is in essence a bait and switch by allowing a game to be treated as a virtual forfeit? Continue reading →

Pop Quiz: What Does U.S.A. Gymnastics Have In Common With The Roman Catholic Church?

/ Jack Marshall / 39 Comments

Both are large, powerful organizations that facilitated the sexual abuse of children in order to protect their money and reputation.

Yes, you can add Penn state to that list too.

I’m really sick today, and it’s hard writing, thinking and especially typing, but maybe I don’t have to explicate this so much.  Larry Nassar, the national team doctor for USA Gymnastics, is accused of abusing dozens of female gymnasts. More than 80 victims have come forward to claim that he sexually assaulted them. Dr. Nassar was accused of 22 counts of first-degree criminal sexual conduct last month in Michigan. The scandal has also claimed Steve Penny (above), president of U.S.A. Gymnastics, who recently resigned after 12 years in the post.

A sport that has its priorities straight does not hire someone like Penny to lead it. He had been the director of media and public relations for U.S.A. Cycling in the early 1990s,promoting the sport and its superstar, Lance Armstrong. When he took the job at U.S.A. Gymnastics, one of his responsibilities there was to evaluate sexual assault accusations and determine if they warranted being reported to the police. Notes Juliet Macur in the New York Times,

“This is how the world of Olympic sports in the United States has operated for years: No one thought it strange that a sports marketer was in the role of sex crimes investigator.”

Is it any surprise that the culture of women’s gymnastics was poisoned with sexual predators? We had been told by Nadia Comenici that she had been abused, and the sport’s optics were, to use a technical term, oogie. All those tiny women-girls, their growth and maturation retarded by dieting and excessively rigorous training, being hugged repeatedly by bear-like coaches: I stopped finding the sport anything but disturbing years ago. (My feminist friends, who worshiped the little sprites—the ice-skaters too–told me I had a dirty mind.) Here is  a section of a recent column by former gymnastic champion Jessica Howard:

By the time I reached the World Championships in 1999, my hips hurt so badly that at times I could barely walk. That was the environment I trained in that I believe created an opening for Larry Nassar, the national team doctor for USA Gymnastics, to sexually abuse me…the first time I met “Larry” I immediately trusted him. He was the premier USA Gymnastics doctor with an international reputation, and I felt lucky to have been invited to the ranch to work with him.

For our first appointment, he asked me to wear loose shorts and no underwear. That seemed strange, but I obeyed. As in training, I wanted to be perfect. He began to massage my legs, and then quickly moved inwards on my thighs. He then massaged his way into me. I was rigid and uncomfortable, but I didn’t realize what was happening. I was confused, and thought that it must just be what had to happen. This scenario happened repeatedly over the course of my week at the ranch. At no time was there ever another adult in the room. Coming off of a difficult year of training, Dr. Nassar reached out as the good guy, supporting me emotionally and promising me relief from the pain. Now I know that in actuality he expertly abused me under the guise of “treatment.”

I trusted USA Gymnastics. But I was sexually abused, as were other elite athletes, including Jamie Dantzscher, a 2000 Olympian, and Jeannette Antolin, who was a U.S. national team member. And the abuse was not limited to Dr. Nassar. According to more than 5,600 pages of USA Gymnastics records released to the IndyStar on March 3 after a lengthy court battle, some of the 54 coaches with sexual abuse complaint files spanning 10 years weren’t banned from gymnastics until years after USA Gymnastics discovered they were convicted of crimes against children.

Other accounts tell how this was ingrained in the system: Continue reading →

The Neo-Nazi Music Festival

/ Jack Marshall / 29 Comments

The Southern Poverty Law Center says this is a photo of music loving neo-Nazis. Terrifying.

White nationalists were planning on having a music festival meet-and-greet at the Joppatowne, Maryland Memorial VFW Post 5838 on St Patrick’s Day.  The 11th annual event (yes, there are Nazi music festivals…) was announced on Stormfront.org, and coordinated by Baltimore area far-right record label Label 56, which distributes  skinhead music, CDs, videos, and other white supremacy merchandise.  More about the record label:

Label 56 is the music outlet for a violent neo-Nazi gang called Maryland State “Skinheads” (MDS). MDS head Jason Tankersley, while more involved with their Mixed Martial Arts arm has some organizational input over Label 56 as well. A link for Label 56 appears on the homepages of several other Northeastern racist skinhead groups, including the Keystone State Skinheads, American Thule Society, and the Vinlanders Social Club. Maryland State Skinheads, Keystone United and Supreme White Alliance members are regular attendees.

It’s Going Down ( or IGD) describes itself  as

“a media platform for revolutionary anarchist, anti-fascist, and autonomous anti-capitalist and anti-colonial movements. We publish original content alongside anonymous submissions and repost articles from other websites which share our perspectives. We do not and have not called for events. Our news network is made up of friends and comrades across so-called North America whose mission is to uplift and build capacity for a wide range of social struggles by providing news and analysis of when it goes down: riots, strikes, sabotage, occupations, expropriations, rebellion, revolt, insurrection. Whether together or alone – we support liberatory revolt.”

(Liberatory?)

It sent out an alert titled “Shut Down Neo-Nazi Music Fest at VFW Hall”:

This event is indicative of the rise of white supremacism and the growing organizational capacity of the far-Right nationally. The Ku Klux Klan, and specifically the East Coast Knights of the True Invisible Empire, have been distributing flyers locally in Ellicott City, Towson, and Bel Air, and as far away as North Carolina. It is important to oppose the increasing Neo-Nazi presence together. Time is of the essence. The Mid-Atlantic General Defense Committee (GDC) is monitoring developments in Maryland and working with at-risk communities to respond as they emerge. The GDC encourages everyone to get involved in taking an active stance now.

The complaints and threats from IGD and other allied groups were successful in getting the VFW to cancel the event. Continue reading →

The Destruction Of Doug Adler : Guerillas, Gorillas, ESPN And The First Niggardly Principle

/ Jack Marshall / 49 Comments

The Niggardly Principles apply to situations where a hyper-sensitive and ignorant individual takes an innocent statement as a slur because the individual doesn’t understand its meaning or context.  These are all unforgivable scenarios that reward the foolish and punish the innocent (and articulate). They include the infamous episode in the District of Columbia government when a white executive was disciplined for using the word “niggardly,” ; the time the Los Angeles NAACP attacked Hallmark for an outer space themed “talking greeting card”  that mentioned “black holes,” which the hair-trigger offended (and science education-deprived) heard as “black ‘ho’s.”

Then there were the students at  at Lebanon Valley College in Pennsylvania,  who demanded that the college rename “Lynch Memorial Hall,” named for Dr. Clyde A. Lynch, the LVC’s president during the Depression, because his name evoked lynchings to their tender ears. And who can forget, as much as one would like to, when ESPN suspended sportscaster Max Bretos after an Asian-American activist group complained that he had used the term “a chink in his armor” while talking about an NBA player of Chinese heritage ?

This story is worse than any of them.

ESPN sports announcer Doug Adler was calling an Australian Open tennis match last month between Venus Williams  and Stefanie Voegele when he said,”You see Venus move in and put the guerilla effect on. Charging.” “Guerilla tennis” is a recognized phrase that refers to aggressive tennis. It has nothing to do with Great Apes.

New York Times tennis writer Ben Rothenberg, however, cued by some Twitter social justice warriors, attacked Adler, tweeting himself,

“This is some appalling stuff. Horrifying that the Williams sisters remain subjected to it still in 2017.”

Continue reading →

Ethics Quote Of The Day: Five Ninth Circuit Judges

/ Jack Marshall / 12 Comments

“We are all acutely aware of the enormous controversy and chaos that attended the issuance of the Executive Order. People contested the extent of the national security interests at stake, and they debated the value that the Executive Order added to our security against the real suffering of potential emigres. As tempting as it is to use the judicial power to balance those competing interests as we see fit, we cannot let our personal inclinations get ahead of important, overarching principles about who gets to make decisions in our democracy.

For better or worse, every four years we hold a contested presidential election. We have all found ourselves disappointed with the election results in one election cycle or another. But it is the best of American traditions that we also understand and respect the consequences of our elections. Even when we disagree with the judgment of the political branches — and perhaps especially when we disagree — we have to trust that the wisdom of the nation as a whole will prevail in the end.”

—-Five judges of the U.S. 9th Circuit Court of Appeals  (Judges Jay Bybee,  joined by Judges Alex Kozinski, Consuelo María Callahan, Carlos Bea, and Sandra Segal Ikuta, attacked what Bybee called the “fundamental errors” in the February decision of a three-judge panel upholding the temporary restraining order that blocked President Donald Trump’s first executive order temporarily halting immigration from seven Muslim-majority countries.

The opinion denounced the panel’s ruling as a “clear misstatement of law,” and stated that the five, constituting a larger number of judges than the three judge panel whose contrary holding was described as a “unanimous” 9th Circuit decision, had an”obligation to correct” it for the record.

“We are judges, not Platonic Guardians. It is our duty to say what the law is, and the meta-source of our law, the U.S. Constitution, commits the power to make foreign policy, including the decisions to permit or forbid entry into the United States, to the President and Congress,” the five judges stated.

Currently, the President’s revised order is held up by an even more widely criticized temporary restraining order issued by  U.S. District Judge Derrick K. Watson. As well as following many of the same lines of activist judicial reasoning the five judges criticized in their dissent, Judge Watson’s opinion heavily relies  on the campaign rhetoric of President Trump and statements by  chief aide Stephen Miller in TV interviews. This means, as several critical legal experts including Alan Dershowitz  have pointed out, that the exact same order, if issued by Barack Obama, would not have been blocked, and would have been found Constitutional.

Now that’s a double standard!

In criticizing their colleagues, the five judges said that the panel “brushed aside” the clearly controlling case law of Kleindienst v. Mandel, 408 U.S. 753 (1972) and ignored entirely the rulings in Kerry v. Din, 135 S. Ct. 2128 (2015) and Fiallo v. Bell, 430 U.S. 787 (1977).  The Supreme Court in Mandel recognized that First Amendment rights were implicated by an executive action but decided…

“when the executive has exercised its authority to exclude aliens on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion, nor test it by balancing its justification against the First Amendment 11 interests of those who seek personal communication with the applicant.”

Continue reading →

And Democrats Will Call This “Success.”

/ Jack Marshall / 26 Comments

The GenForward poll, as reported by The Associated Press found that a majority of young adults, 57 %, regard Donald Trump as an illegitimate President. The number includes three-quarters of black respondents as well as large majorities of Hispanics and Asians.

President Trump is many things. Ethics Alarms began years ago documenting those aspects of his abilities, temperament, skills and character that made him, by the analysis here, an unqualified, undesirable President. One thing that he is not, however, is “illegitimate.” There is no basis whatsoever to consider him so. He was selected to run by the process put in place by the Republican Party, over a large number of experienced and accomplished politicians (and then there was Ben Carson.) He was extensively covered by a hostile press, that all but announced (and in the case of the New York Times, did announce) that it was dedicated to his defeat. His opponent was the allegedly unbeatable, anointed heir to Barack Obama and the previous Democratic President, her husband, both of whose policies were a matter of record. President Trump did not “buy the election,” as he spent about half what his opponent did. Illegal voters, to whatever extent they played a part in the election, probably did not vote for him.

Donald Trump was elected because the right number of voters chose him in the right combination of states, and under the rules in place since the U.S. Constitution was ratified, his was a legitimate election, and he is a legitimate President beyond question. There have been a few Presidents whose legitimacy could be challenged—John Quincy Adams, John Tyler, Rutherford B. Hayes—but not President Donald J. Trump.

So why does a majority of young Americans now regard the President of the United States as “illegitimate”? They believe this because a deliberate strategy has been followed by Democrats, progressives and the news media to make them believe that. They have been told that the Electoral College is undemocratic, as part of a two month long onslaught of propaganda to get a group of electors not chosen for the purpose to overturn the election results. Major figures in the Democratic leadership have declared the President “illegitimate,” without official rebuke. Most of the Congressional Black Caucus boycotted the Inauguration on that basis. Democrats have loudly claimed that an FBI conspiracy was afoot to wreck Hillary Clinton’s campaign, and then attributed her loss to Russian “interference.” Finally, Democrats have claimed that the Trump campaign colluded with the Russians to steal the election, essentially alleging treason. This last is the major artillery in the Delegitimize Trump battle plan, and it has always been intellectually dishonest, irresponsible, and reckless. Following on the theme, Democrats have even encouraged the use of the inflammatory term “the resistance” to sanctify those who claim the President is “illegitimate,” equating opposition to a duly, legally elected U.S. President with the underground French resistance to Nazi occupiers during World War II, a genuinely illegitimate government. This is indefensible and wrong. Continue reading →