Bad Analogy, Bad Legal Theory, Bad Judge

The ABA Journal reports that Waco, Texas, Justice of the Peace Dianne Hensley objects to performing same-sex weddings because of her religious beliefs, and makes such couples seek to get hitched elsewhere. Now she is claiming that her stance is supported by the U.S. Supreme Court’s June 30 decision in 303 Creative v. Elenis. That one, I’m sure you recall, declared that it was “forced speech” and a violation of a web designer’s First Amendment rights to require her to create websites for same-sex weddings.

The Texas’ State Commission on Judicial Conduct slapped Hensley with a public warning for refusing to perform same-sex weddings. Hensley filed a lawsuit against the Commission in December 2019, but it was dismissed. Now she is appealing, using the new SCOTUS decision as her ammunition.

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Indiana Jones And The March Of Folly

I have to ask: what the hell is going on with Harrison Ford’s nose in the photo above from “Indiana Jones and the Dial of Destiny”? It looks like he borrowed it from Dustin Hoffman’s make-up kit from “Little Big Man,” when Dustin played a 111-year old man. But I digress…

It is now certain that Disney’s fifth and one hopes final Indiana Jones movie will be a financial disaster. It cost $300,000,000 to make, and with marketing and other costs, a big Hollywood film has to clear about twice its filming costs to break even. That’s not happening; three weeks after its release, “Dial of Destiny” is already trailing two less-hyped summer films, and is being treated as “dud on arrival.”

“Movie Web” has done the best analyses I’ve seen regarding the film’s conceptual, artistic and marketing problems (here and here), and I’d love to write about those, but this is an ethics blog, so I’m officially interested in just one aspect of the debacle: Why didn’t anyone stop it?

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It’s Unethical For Democrats, the News Media And Activists to Gaslight The Public, But On The SCOTUS Affirmative Action Smack-Down, They Did It Anyway

The coverage of the recent rulings in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. Harvard almost universally created the impression that they were further attacks on democracy by a rogue Supreme Court, foiling the will of the people. In particular, these decisions blocking institutionalized institutional racist discrimination, which is what higher education affirmative action is, were assailed as creating disastrous hurdles to black Americans as they strive to succeed in this nation plagued by systemic racism.

Two recent polls show that this narrative was fake news from the news media and misinformation from the Left. A Rasmussen Reports national telephone and online survey found that 65% of “Likely U.S. Voters” approve of the rulings, with 49% approving “strongly”. Just 28% disapprove of the conclusion that the prohibition on discriminating by race means no discrimination by race. You can read how the questions were posed here. Another poll from YouGov/The Economist asked “Do you approve or disapprove of Supreme Court’s ruling on affirmative action?” Both sexes, all races, every age group, and every level of income approved more than not. (See here.)

Yeah, I know: polls. In this case, however, these easily manipulated surveys perform a service. The Supreme Court’s function does not and should not involve following the mob, but appealing to mob emotions has been a central strategy by progressives as they seek to de-legitimize the one branch of the government they don’t control. An accompanying myth is that the Roberts Court is an obstacle to “the will of the people,” even when, as in this case, the will of the people is supported by the Constitution and our laws.

Even after a concerted and ongoing effort to inflict Marxist goals, racial quotas and “good” discrimination on the culture, our core values have stood up to the propaganda siege—so far.

There is hope.

Ethics Hero (Corporate Division): In-N-Out Burger

Among the many ways the last few years of Wokemania has reduced the quality of American life and our access to the pursuit of happiness is the creation of the ideology-linked addiction to virtually useless masks and a near-crippling phobia regarding the threat of air-borne illnesses created by fearmongering during the pandemic.

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Housekeeping Note Re Banned Commenters

Much as I hate to give attention to rule-breaking visitors here who get themselves banned, I need to clean this up.

Yesterday a former commenter who who was banned years ago returned with a semi-reasonable comment, and I, mixing up screen names, unwittingly welcomed him back thinking he had been AWOL rather than banned. That was my fault; I apologized upon discovering it, and in penance, left up the couple of comments he had left thinking that I had relented, here.

I also informed him—that’s “Chris”— that no further comments of his would remain on EA going forward. Nevertheless, he dumped more comments on other posts today, and also inspired a couple of other banned commenters to invade.

When I spam banned commenters’ attempts to sneak back on, any replies legitimate commenter make to them vanish as well. I know it is easy to miss the ban announcements, as I can’t place them on every post. I apologize for the inconvenience.

Now back to work…

Ethics Quiz: “Colored People” Bad, “People Of Color” Good!

I almost missed this kerfuffle completely. Of all people, one of my most reliably Democrat-supporting friends raised it, beginning by saying. “I know this is not something a good progressive is supposed to say or think, but….

…why in the world is it ‘racist’ to say ‘colored people’ but politically correct to use the term ‘people of color’ when by the undeniable rules of English, they mean exactly the same thing?”

She continued, “And how can anyone belonging to an organization called ‘The National Association for the Advancement of Colored People’ accuse someone of being a racist for saying it?”

Arizona Republican Rep. Eli Crane was arguing for his amendment to the defense budget and policy bill, as he wants to prohibit the Pentagon from requiring participation in DEI training or the use of ” race-based concepts” in the hiring, promotion or retention of individuals. In the course of debate, Crane said “My amendment has nothing to do with whether or not colored people or black people or anybody can serve, okay? It has nothing to do with color of your skin… any of that stuff.”

Recognizing a “gotcha!” when she saw one, black Democratic Rep. Joyce Beatty, an enthusiastic member of the racist Congressional Black Caucus, demanded Crane’s words be stricken from the congressional record. “I am asking for unanimous consent to take down the words of referring to me or any of my colleagues as “colored people,'” said the dues-paying member of the NAACP. Crane wanted to amend his comments to “people of color,” but Beatty insisted that she wanted his words stricken. Censorship is, after all, her party’s way, and no Republicans had the guts to object.The chair ordered Cranes entire statement stricken by unanimous consent.

Beatty then worked to exploit the gaffe for all it was worth, writing on Twitter: “I am still in utter and disbelief that a Republican uttered the words ‘colored people’ in reference to African-American service members who sacrifice their lives for our freedom… I will not tolerate such racist and repugnant words in the House Chamber or anywhere in the Congress. That’s why I asked that those words be stricken from the record, which was done so by unanimous consent.” Then the Ohio Democrat told CBS that Crane’s explanation that he “misspoke” was a lie. “He didn’t misspeak,” Beatty said. “He said clearly what, in my opinion, he intended to.” 

In other words, he intended to use a racist slur.

Your Ethics Alarms Ethics Quiz of the Day is…

What is fair treatment for Rep. Crane?

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Why The White House Cocaine Incident Matters

In a depressing AP story about a poll supposedly showing that a large majority of Americans don’t believe democracy is working as it should in the U.S. today, one disillusioned voter, a “moderate Republican,” singled out the GOP’s investigations of Hunter Biden as a prime example of misplaced priorities.

“Hunter Biden — what does that have to do with us?” he asked, neatly demonstrating why the Founders decided that a pure democracy was dangerous, and that a republic was much safer in many respects.

Hunter Biden is not important at all isolated from what he represents, which is strong evidence that the President of the United States is 1) lying 2) abusing power and influence to assist his pathetic ne’er do well son 3) possibly benefiting from his son’s influence peddling 4) corrupting the justice system to protect his family, and 5) untrustworthy, because he is willing to place other priorities above the interests of the United States of America. The fact that the “moderate Republican,” whose argument is that the President’s son has “nothing to do with the economy,” can’t comprehend this, is a perfect example of how most U.S. citizens don’t understand the basic concepts of ethics, government and law.

Consider the White House cocaine fiasco. A white substance in a plastic bag was found in the White House library and identified as cocaine. Hunter Biden had been to his father’s abode three days before the discovery. Hunter has been a cocaine user in the past, and there is video and photographic evidence of that. From the beginning, the White House made every effort imaginable to keep the public and the media’s suspicions going to the obvious place. On July 5, less than 72 hours after the discovery, a law enforcement source leaked to Politico that the owner of the drugs would likely never be known. National security adviser Jake Sullivan suggested the drug could have belonged to construction workers renovating the West Wing Situation Room, and Joe’s paid liar Karine Jean-Pierre flipped into indignant “How dare you!’ mode when a reporter asked if the envelope might have belonged to a Biden. She also said, laughably, insisted that the Secret Service would never allow the President to dictate how they handled delicate matters at the White House. “We are not involved in this,” Jean-Pierre said. “This is something that the Secret Service handles. It’s under their protocol.” Sure. Who believes this?

On July 13, the Secret Service concluded its investigation without naming a suspect, saying that it could not narrow the group of people who had access to the area to “a person of interest.” Hunter was never questioned. The Secret Service briefed members of the House Oversight and Accountability Committee on its findings.

Senator Tom Cotton had an amusing analogy to this narrative.”This is like if the Hamburglar lived in the White House, all the hamburgers disappeared, and they said they didn’t have any suspects or no one they could question,” he said. Meanwhile, conservative pundit and former Secret Service agent Dan Bongino says that his former colleagues are furious, and that they know who brought the cocaine into the White House, adding,

“So there’s probably less than 200 people who could have left this cocaine, by the way, in a bag which is plastic, which is non-porous, meaning it’s probably not that hard to pull a latent print. They’ve got to know who did it. The question is, who’s pressuring them to not find out who did it? And it’s gotta be coming from this White House. This is terrible. Don’t destroy this agency like the FBI. It’s really unbecoming. A lot of my former colleagues at the Secret Service who retired, they are absolutely furious about this. Oh yeah, yeah, I can tell you, I got 50 emails, communications, texts from people. ‘This is embarrassing, humiliating.’ These are good guys, man, guys who worked for Obama and Bush, non-partisan guys, most of them aren’t even political. This is embarrassing. They know exactly who it was.”

And sports bookies are releasing odds on who owned the drugs.

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When Ethics Alarms Don’t Ring: Johnny Bench’s Misbegotten Quip

Baseball legend and Cincinnati Reds icon Johnny Bench was in attendance over the weekend at a Reds news conference announcing that former Reds general manager Gabe Paul, among others, was being inducted into the Reds Hall of Fame. Paul, who died in 1998, was represented by his daughter, Jennie Paul. As part of the event, Pete Rose alluded to his first contract negotiation with Paul when Rose was just out of high school.”Gabe Paul signed me to a contract for 400 bucks a month,” Pete recalled, prompting Jennie Paul to say, “That cheap? Never mind!”

Rose’s long-time team mate Bench then shouted out, “He was Jewish!” (Gabe Paul was, indeed, Jewish.) The next day, Bench apologized, saying “I recognize my comment was insensitive. I apologized to Jennie for taking away from her father the full attention he deserves. Gabe Paul earned his place in the Reds Hall of Fame, same as the others who stood on that stage, I am sorry that some of the focus is on my inappropriate remark instead of solely on Gabe’s achievement.”

For her part, Paul’s daughter said she hadn’t heard Bench’s gaffe.

I’ve been thinking about when Bench’s comment would have been appropriate, if ever. If he were Jewish it would have been an insider self-mocking joke: would it be acceptible than? If Paul were alive, in the room, and surrounded by nothing but close friends accustomed to “busting each others’ chops,” like Clint Eastwood’s character in “Gran Torino” when he’s trading ethnic insults with his pal the barber, would it be acceptable? Clearly Johnny’s outburst in the actual situation must have been one of those things that pops out of one’s mouth and you immediately want to stuff it back in again.

Should anyone think less of Bench because of this incident?

At CNN, More Smoking Gun Evidence Of Malign Mainstream Media Partisan Bias

You have to feel a little bit sorry for Media Matters. The far-Left propaganda outlet that specializes in spinning for progressives while supposedly flagging “fake news” on the right has to restrict itself primarily to Fox News, though it does participate enthusiastically when it wants to assist the mainstream media in burying stories like the discovery of Hunter Biden’s laptop or the mysterious <cough!> discovery of cocaine in the White House. NewsBusters, in contrast, has almost the entire mainstream media spectrum to mine for outrageously biased and unethical news coverage, even with its own conservative bias in full operation. And the alleged giants of the once honorable field of journalism keep churning out frightening examples like this:

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And Still More From The A.I. Ethics Files: “Looker” Again Raises Its Perfect Virtual Head In The Hollywood Actors Strike

Back in March, Ethics Alarms discussed the ethical issues implicated when marketing departments begin using Artificial Intelligence to “increase the number and diversity of our models for our products in a sustainable way,” as one retailer phrased it. The scenario echoed the plot of “Looker,” a 1981 Michael Crichton science fiction thriller in which a high-tech research firm convinces companies that real, live models, even after cosmetic surgery, can’t approach the physical perfection that will optimally influence consumers. In its diabolical scheme, models are offered a contracts to have their faces and figures scanned to create 3D computer-generated avatars, indistinguishable from the live versions, which would be animated by A.I. programs for use in TV commercials. Once their bodies are duplicated digitally, the human beings get lifetime paychecks and can retire, since their more perfect CGI dopplegangers will be doing their work for them. As he did so often during his brilliant, too-sort life, Crichton anticipated a serious ethical crisis arising out of developing technology. “Looker” is almost here.

Last week,the 160,000-member union SAG-AFTRA announced that it would join the the screenwriters union in its industry strike after failing to secure a new contract with movie studios and streaming services.  The Screen Actors Guild and American Federation of Television and Radio Artists President Fran Drescher—yes, “The Nanny” herself—- condemned the AMPTP’s “shameful” and “disgusting” treatment of the union’s members. Among the major points of dispute is how to preserve acting and writing jobs that could soon be imperiled by the rapid development of computer technology and artificial intelligence.

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