Sunday Morning Ethics Warm-Up, 5/6/2018: Moore, Marx, Polls, And #MeToo And Legal Ethics Don’t Mix

Good Morning!

1. Remember, this creep is a popular and influential “progressive.” Here was what Michael Moore tweeted yesterday on Karl Marx’s birthday:

“Happy 200th Birthday Karl Marx! You believed that everyone should have a seat at the table & that the greed of the rich would eventually bring us all down. You believed that everyone deserves a slice of the pie. You knew that the super wealthy were out to grab whatever they could.”

Nobody who spins Marx this way after his abstract theories were used to enslave and kill millions while leaving nations devastated and impoverished is worthy of respect, or indeed anything but horror. Such a statement requires ignorance, delusion, dishonesty or idiocy, probably all three. Moore is the Left’s Richard Spencer.

Birthdays deserving of more public remembrance than Karl’s: Arnold Stange, Harold Staasen, Melody Patterson, and Phil Linz, among others, as well as every world citizen who lived his or her life without playing a role in making the planet more miserable.

2.  But those other polls are reliable? Reuters came up with a poll that shows dramatic improvement in President Trump’s approval rating, and it finds that unacceptable, writing,

“This week’s Reuters/Ipsos Core Political release presents something of an outlier of our trend. Every series of polls has the occasional outlier and in our opinion this is one. So, while we are reporting the findings in the interest of transparency, we will not be announcing the start of a new trend until we have more data to validate this pattern.”

In fact, Rasmussen has been polling similar numbers for a while. I have no idea whether the Reuters/Ipsos is accurate or not, or whether any poll is, but this is just denial based on bias. Let’s see: Trump’s tactics seem to have opened a dialogue between North and South Korea, unemployment is at a record low; unemployment pay-outs are down, Kanye West broke the embargo on black support of Trump,  Obama’s Iran deal, which Trump attacked from the start, looks worse than ever, the Russian collusion theory seems like the plot to topple Trump that it always was, the news media showed its ugly bias at the AWHC dinner, two judges have challenged the legitimacy of Mueller’s tactics, and the public may finally be starting to resent  how horribly the nation’s President has been treated by Democrats, the resistance and journalists. Why wouldn’t the President’s approval rating be soaring? The real question is how some of those other polls can be explained.

In case anyone is interested, I would vote my disapproval if I were polled. Do I approve of many of the President’s policies? Yes. Do I approve of the results so far? Generally, yeah. Am I glad Hillary Clinton was foiled and defeated? Oh, yes. Do I find the conduct and tactics of Trump’s opposition unfair, un-American, destructive and disgusting? Absolutely.

Do I approve of the manner in which he conducts the Presidency? NO.

3. “I’m smart! I’m not dumb like people say!”  The ABA’s  recently passed Rule 8.4 g states,

It is professional misconduct for a lawyer to… engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline or withdraw from a representation in accordance with Rule 1.16. This paragraph does not preclude legitimate advice or advocacy consistent with these Rules.

The measure has not been adopted by most states, and since the rule first appeared, I’ve been telling seminars that it was virtue-signaling by the association, and that it was likely to be found unconstitutional. From The Federalist:

On April 23, the Supreme Court of Tennessee denied a petition to adopt a slightly modified version of ABA Model Rule 8.4(g). The Court had held a public comment period on the petition, which was filed by the Tennessee Bar Association and the Tennessee Board of Professional Responsibility. During the comment period, the Court received over 400 pages of public comment.

The Tennessee Attorney General filed a comment letter with the Court, explaining that a black-letter rule based on ABA Model Rule 8.4(g) “would violate the constitutional rights of Tennessee attorneys and conflict with the existing Rules of Professional Conduct.” The comment letter was incorporated into Attorney General Opinion No. 18-11 (Mar. 16, 2018), which noted that ABA Model Rule 8.4(g) “has been widely and justifiably criticized as creating a ‘speech code for lawyers’ that would constitute an ‘unprecedented violation of the First Amendment’ and encourage, rather than prevent, discrimination by suppressing particular viewpoints on controversial issues.”

Noting the rule’s application to “‘verbal . . . conduct’ – better known as speech,” Tennessee Attorney General Slatery’s comments concluded that “any speech or conduct that could be considered ‘harmful’ or ‘derogatory or demeaning’ would constitute professional misconduct within the meaning of the proposed rule.” He highlighted “several problematic features” of the proposed rule, including:

  1. “[T]he proposed rule would apply to virtually any speech or conduct that is even tangentially related to an individual’s status as a lawyer, including, for example, a presentation at a CLE event, participation in a debate at an event sponsored by a law-related organization, the publication of a law review article, and even a casual remark at dinner with law firm colleagues.”
  2.  “[T]he proposed rule would prohibit . . . a significant amount of speech and conduct that is not currently prohibited under federal or Tennessee antidiscrimination statutes.”
  3.  “[T]he proposed rule would subject an attorney to professional discipline for uttering a statement that was not actually known to be or intended as harassing or discriminatory, simply because someone might construe it that way.”

The Attorney General warned that the proposed rule “would profoundly transform the professional regulation of Tennessee attorneys.” This transformation would occur because the rule “would regulate aspects of any attorney’s life that are far removed from protecting clients, preventing interference with the administration of justice, ensuring attorneys’ fitness to practice law, or other traditional goals of professional regulation.” That is, the ABA Model Rule 8.4(g) takes attorney regulation far beyond the traditional province of the rules of professional conduct.

See?

15 Comments

Filed under "bias makes you stupid", Character, Ethics Dunces, Government & Politics, History, Law & Law Enforcement, Leadership, Religion and Philosophy, Rights, This Helps Explain Why Trump Is President

15 responses to “Sunday Morning Ethics Warm-Up, 5/6/2018: Moore, Marx, Polls, And #MeToo And Legal Ethics Don’t Mix

  1. 1- Moore, it should be noted, had a $50 million net worth prior to a 2013 divorce.

    Seems that would make him a member of a group he claims to despise, wouldn’t it?

    • Isaac

      He and Karl Marx are/were both lazy con artists and slobs, as well as complete hypocrites, so…kindred spirits.

      (It’s always fascinating to me how the character of a movement’s founder reflects in the movement, even decades or centuries later.)

      • Results with which Marx, et al, have been consistent would be trickle-up misery & population control; nonpareil with the latter.

        Because the right people weren’t in charge.

  2. valkygrrl

    2: I can help you with that. Here’s the actual polling data.

    http://polling.reuters.com/#poll/CP3_2

    They’re showing a five point jump in one day which simply does not happen unless there’s a major news event to shift public opinion. It also shows a response rate of only 65% of the previous day’s poll, that’s a bit less of an issue as it only increases the margin of error and they do have other days with only 1500 respondents but it’s worth making note of.

    Is it accurate? Could be. Is it just one of those things? Could also be. That’s why it’s best to read all the polls and watch the trends instead of concentrating on any single day result.If it’s accurate, next week’s poll will have similar results and the other polling companies will show similar shifts.

  3. Steve-O-in-NJ

    I sometimes wonder if Moore is a lefty true believer, a shrewd provocateur, or just a deliberate jerk. I’ve concluded that he’s a toxic combination of all three, and I can’t regard him with anything but contempt. He’s a college dropout who has admittedly done well and knows it. However, he hasn’t done well by inventing useful things (Edison), creating processes that made industry more productive (Carnegie), or building valuable properties (Trump). He hasn’t even done well by selling straight-up fiction, like any number of folks in his industry. He’s done well by peddling innuendo, half-truths, and in some cases cleverly disguised lies, while trading on division, incitement of the have-nots against the haves, and deliberately shallow thinking. He may say he just wants to get America to think, but the fact is he wants America to think one way – his way.

    Frankly I think Moore is more toxic than Richard B. Spencer (let’s not forget the B, to distinguish him from the current Secretary of the Navy). Richard B. Spencer doesn’t pretend to be anything other than what he is, or to stand for anything other than what he stands for: white supremacy and separation. Take him for what he is and take what he stands for for what it is. I’m a right-winger and I find his views on a lot of things repulsive and his association with the right dangerous. Then again, I’m more of a neoconservative than anything else, and he is a clear white separatist.

    Moore tries to make himself look like some kind of advocate for the working man, when he himself hasn’t been a “working class hero,” if ever he was one, since Mother Jones sacked him in 1986, providing him with startup capital for his first hatchet job film. He aligns himself with kids, with victims, whoever he can align himself with to appear sympathetic, but in the end he’s not about anything other than selling movie tickets and keeping himself in the public eye. Anyone who accepts his pronouncements on policy for anything other than one uninformed person’s opinion is an idiot.

    • Emily

      “Moore tries to make himself look like some kind of advocate for the working man, when he himself hasn’t been a “working class hero,” if ever he was one, since Mother Jones sacked him in 1986, providing him with startup capital for his first hatchet job film. He aligns himself with kids, with victims, whoever he can align himself with to appear sympathetic, but in the end he’s not about anything other than selling movie tickets and keeping himself in the public eye. Anyone who accepts his pronouncements on policy for anything other than one uninformed person’s opinion is an idiot.

      Reading this, I couldn’t help but compare Moore to Mike Rowe, who started the Mike Rowe Works Foundation (a scholarship program for people interesting in learning skills like plumbing, welding, and other blue collar skills that are in demand) and hesitates to involve himself in politics as a general matter, because he admits he’s an entertainer, allowing him to reach a broad audience with an organization that offers actual, practical assistance to actual working men and women.

      I’m willing to bet the “working man” appreciates Rowe a lot more than Moore. I know the ones I know do.

  4. adimagejim

    Marxism is born from the philosophy of Messianic Humanism which requires the human race turn in revolutionary fashion from its nature and become altruistic through and through.

    Pipe dreams aside, Marx was a ne’er-do-well who usually depended on his son of aristocracy friend Frederich Engels to pay for his inability to deal with the real world and its the nature of its actual human inhabitants.

    Additionally, Marx was even roundly disliked by his fellow citizens of the world. He was tossed from revolutionary publications all over Europe.

    In short, Marx was a loser in nearly every respect. The fact a useless phony like Moore celebrates him only adds to that legacy.

    • Michael R.

      And from the reliably Marxist New York Times, “Happy Birthday, Karl Marx. You Were Right!”. It is the gift that keeps on giving with the typical excuse for the so-called Communist countries.

      “The idea of the classless and stateless society would come to define both Marx’s and Engels’s idea of communism, and of course the subsequent and troubled history of the Communist “states” (ironically enough!) that materialized during the 20th century. There is still a great deal to be learned from their disasters, but their philosophical relevance remains doubtful, to say the least.”

      The tie in to intersectionality.

      “Racial and sexual oppression have been added to the dynamic of class exploitation. Social justice movements like Black Lives Matter and #MeToo, owe something of an unspoken debt to Marx through their unapologetic targeting of the “eternal truths” of our age.”

      And finally the typical “If it has failed every single time we tried it, it just means that we need to try HARDER!” analysis.

      “But he does offer a powerful intellectual acid test for that change. On that basis, we are destined to keep citing him and testing his ideas until the kind of society that he struggled to bring about, and that increasing numbers of us now desire, is finally realized.”

      How can such a large portion of the population promote such a horrible philosophy with a brutal and vicious track record? Simple, they believe in equality. Like most who strive for equality, they care much more about achieving equality than about minimizing human suffering. As the NYT’s famous foreign correspondent said about the tens of millions killed by Stalin “you can’t make an omelet without breaking a few eggs.”

      • ”And from the reliably Marxist New York Times,”

        The earlobe deep irony? Sulzberger’s Folly is hemorrhaging massive amounts of (heh!) ink of the (hah!) red variety.

        Seems like they’re running out of OPM (other people’s money) as well.

  5. Inquiring Mind

    ABA Rule 8.4g is like the politicization of medical school admissions (the Weekly Standard hit on this here: https://www.weeklystandard.com/devorah-goldman/the-politicization-of-the-mcat).

    It is a move by left-wing activists to exclude conservatives from the profession.

    Put yourself in the place of a student going to college with conservative views with ambitions of becoming a doctor or lawyer with this combination of “holistic” admissions and Rule 8,4g.

    The Left is creating a generation of American Marranos, to borrow a phrase from Dennis Prager. When conservatives are outed, they lose their livelihood, and become social pariahs. Are the rumors about Kanye West’s mental health out there because of a concern for his well-being, or is it a way to marginalize him because he is a prominent African-American who is not reflexively opposed to Donald Trump?

    • Are the rumors about Kanye West’s mental health out there because of a concern for his well-being, or is it a way to marginalize him because he is a prominent African-American who is not reflexively opposed to Donald Trump?

      Hmmmm… I’m a gonna go with the latter.

      • The rumors about West’s mental stability are out there because he’s nuts.

        • Your Honor, Mr. West’s mental stability is not in question here. We KNOW he is nuts. The question was if those rumors resurfacing recently are a result of concern for Mr. West’s well being, or an progressive excuse to disregard the message based in bias toward the messenger.

          My contention is that it is the latter. I rest my case.

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