Surprise! Early Friday Open Forum…

I have a two-hour session on professionalism and legal ethics to teach this morning, so I’m going to ask readers to submit and discuss their own ethics stories, issues and observations a day early. Surprise!

Pop Quiz: Without cheating, can you identify the handsome Confederate general above, and why he’s an appropriate symbol of today’s Open Forum?

22 thoughts on “Surprise! Early Friday Open Forum…

  1. Wondering where this fits on the Apology Scale:

    https://www.stltoday.com/news/local/government-politics/josh-hawley-rips-into-social-media-ceos-during-heated-senate-hearing-on-child-exploitation/article_cc12f492-c061-11ee-bf9f-135f7cfb7a19.html

    It almost looks like a Number 8 (A forced apology for a rightful or legitimate act, in capitulation to bullying, fear, threats, desperation or other coercion.), except that Zuckerberg is not apologizing for a rightful or legitimate act. The Legislators were ascribing acts to him when he did nothing.

    It also looks like a 10 (An insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply, and to deceive his or her victims into forgiveness and trust, so they are vulnerable to future wrongdoing.), except that, again Zuckerberg is not apologizing for something he did.

    I think the Apology Scale needs another collateral entry that does not actually fit on the scale: The Appeaser’s Apology: A forced apology offered in response to a baseless accusation of wrongdoing because the person demanding the apology is too stupid or self-righteous to bother reasoning with.

    -Jut

  2. The phrase “All the Caucasians” trending on twitter followed by ‘to the back’ and looks better immediately. I don’t really think anything needs to be said about this other than this is seen as good discrimination when it is in fact outright racist.

  3. I remember that many groups trying to get child porn pages taken down from Facebook were simply told that they don’t violate Facebook (or Instagram’s) community standards. I do believe that, but it is still aggravating. I mean, they were refusing to take down content that was illegal, but they gleefully took down perfectly legal political speech they didn’t agree with. I don’t care about Zuckererberg’s apology. Asking him for an apology is stupid. It is like demanding an apology from the pope for being Catholic. If the pope does and it is sincere, he has to stop being the pope before giving the apology. If he gives an apology and stays pope, he doesn’t believe it. If you don’t like that analogy, consider asking Donald Trump for an apology for being rude.

    I understand why people want such an apology, much like they want to ban after-school Satan club and the Bathomet statue. However, the proper response isn’t to ban such things, but to publicize them and explain why they are wrong. What kind of parent would let their children associate with kids going to after-school Satan club?

  4. Jubal may have occasionally been late, but he was always Early!

    One of my dad’s Army buddies from Korea was named for the general, and that family visited us often from North Carolina during my youth.

  5. Here is an opinion piece worth commenting about.

    https://groups.google.com/g/talk.politics.guns/c/wjC2CJVchdA/m/OLZZeZkoAQAJ

    The Unfair Demonization of Plastic Bags

    Shopping being carried in plastic carrier bags in England, UK, on Dec.
    26, 2018. (Dominic Lipinski/PA)
    Jeffrey A. Tucker
    By Jeffrey A. Tucker

    Commentary
    Sometime in the last ten years, the crunchy left decided that average
    people were far too happy and satisfied leaving the grocery store with
    50 pounds of groceries piled in plastic bags. They decided that such joy
    is surely bad for the environment. So they decided to ban them.
    I’m not sure that it was any more complicated than that. It’s been this
    way for a while, reminding us of H.L. Mencken’s definition of
    Puritanism: “The haunting fear that someone, somewhere, may be happy.”
    Mother nature surely doesn’t like that so let’s just make it stop. We
    need more misery around here!
    Story continues below advertisement
    AD
    So some years ago, states started to ban them. We all had to revert to
    brown paper bags which tear and are awkward to carry. Clearly an
    inferior product. Another solution was to bring your own bag, which is
    invariably made of, you guessed it, plastic. So that was replacing one
    kind of plastic with another.
    If you live in a blue state, you know about this very well. You have to
    keep all sorts of bags in your closet or car and remember to haul them
    into the grocery store. But then you forget and you have to buy more.
    Now you have two extra bags, and this is to add to your growing
    collection at home.
    It’s all a bit of a peasant way to shop and that’s the whole point, to
    make you feel poor and grubby, which, for some reason I cannot
    understand, is very fashionable among left-wing, academic-influenced
    communities. They are saving the planet, don’t you know, and probably
    curbing carbon emissions to forestall the existential threat of…
    climate change!
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    Except that there is one problem. Freedonia Market Research—at the
    behest of the disposable plastic bag industry, of course—has taken a
    close look at New Jersey’s program and concluded that the new plastic
    bags you slog around require much more plastic than the old thin and
    brilliant bags we used at the store in the old days. They discovered
    that the new bags are used only two or three times by 90 percent of
    people, so of course they have to keep buying more and more.
    So get this. These new non-woven polypropylene bags have increased
    greenhouse gas emissions by 500 percent. Whoops!
    Story continues below advertisement
    Probably none of this surprises you now that you read it. After all, the
    bulk of actual plastic related to the grocery comes from the products
    themselves. Think of it. Every bit of meat, everything made of bread,
    every box has a plastic inside for freshness, and even your vegetables
    are put in bags to get them to the counter. The whole place is a plastic
    mecca. How much difference would the carry-out bags really make?
    The point, as it turns out, has nothing to do with actually reducing
    plastic consumption but rather imposing coercive behaviors that take
    away conveniences and replacing them with a virtuous signal that
    everyone can understand. They do this to us even when it makes no sense
    at all.
    We should anticipate this effect by now. Name any policy you can think
    of that is designed to somehow “save” resources—wind turbines, electric
    cars, solar panels—and you can pretty much guarantee that deploying them
    will be less efficient overall than the process which it replaces. It
    just keeps happening.
    The plastic bag frenzy of the last ten years has some odd twists and
    turns. Remember when the world was freaking out about COVID germs? In my
    community, plastic bags had already been banned but now the germophobic
    pearl-clutchers grew concerned that the polyester bags people were
    slogging into the store carried bad germs on them. Once that word got
    out, the city council instantly abolished the very thing they had spent
    years encouraging.
    Story continues below advertisement
    Suddenly the whole community was back to using disposable plastic bags
    at checkout, because they were deemed to be more sanitary than the stuff
    people were bringing in from outside. None of it makes sense but there
    it is.
    So there were a few merciful months when we could bag our groceries the
    way we used to, slipping them in bag after bag and hurling them around
    our arms to the point that on two arms we could conceivably lug 100
    pounds of groceries in without tears and struggles and fruits rolling
    all over the floor. Those were the good old days.
    But once the COVID hysteria died down, and especially once the idea that
    the bug could live on surfaces was thoroughly debunked, guess what
    happened? The all-knowing city council issued a new edict that once
    again banished plastic at the checkout counter and poked people to dig
    up their old polyester bags again and bring them to the store.
    In other words, they bounced from one bogus belief to another bogus
    belief and then back again, all in the name of signaling virtuous
    actions to save the planet and the human race from extinction. So far as
    I know, no one thought to do anything about the tons of plastic used to
    wrap food in the store. That is what it is.
    Story continues below advertisement
    The people who do this stuff are quite fascinating creatures. Let’s say
    they were in a Brazilian village and shopping for meat and stumbled upon
    a farmers market with open cuts around which flies were flying. They
    would be grossed out and not eat a bite. And yet here we have exactly
    what they are going for: no plastic, no energy use, no artificial
    anything. Still, they won’t touch it.
    What classifies as clean and worthy to this crowd is malleable and
    largely socially determined, having nothing to do with science or even
    reality.
    So will this new study make any difference in the New Jersey law?
    Absolutely not. The state government will go on its blind path toward
    stupidity without a thought. It’s how they do it, because pretending to
    care about big issues like climate change is far more important than
    doing anything actually to fix the supposed problem.
    The plastic bag at checkout was and is a marvelous innovation: clean,
    convenient, and surprisingly recyclable as trash bags in the average
    American home. We should bring them all back and stop this ridiculous
    charade of bringing one’s own bags everywhere. It’s degrading and
    pointless—not that this ever stops the new breed of woke puritans who
    have seized control of our lives and standard of living.
    Story continues below advertisement
    Let’s conclude with a slightly amusing blast from the past. Remember
    when plastic straws were considered terrible and we should all carry
    metal straws? That was before COVID. Then a woman in England died after
    falling and impaling herself, which went through her eye and into her
    brain. Then a young boy who suffered a life-threatening injury when a
    metal straw plunged into his throat and artery.
    And so now we use wet and soggy paper straws which aren’t really straws
    at all. Blech. What can we say but “man’s inhumanity to man”? At least
    the sea turtles are safe.

    • I went shopping in Ohio in 2021, and felt like a titan walking out of a Walmart-knockoff carrying groceries in 40+ plastic bags with no cart. It was stunning how easy moving food was, grocery bags having been mostly banned in CT by then.

      (Incidently, CT tried to cash in by “phasing out” plastic bags by charging a $.10 tax. They hoped to collect millions. People refused! I’d see people juggling in the parking lot to avoid paying the tax. I think the state even paid more to implement the temporary tax than it ever collected – glorious to watch this scheme fail!)

      • When we moved to Ohio in 2022, we stayed first at a rental in Cleveland proper. Near there was a Giant Eagle that decided, in late April or early May, that they would go the route of making everyone use their own bags, and would no longer provide paper bags. And already, they charged 10 cents for each one of those paper bags. When we reached our new home in the suburbs, all the local grocery stories used plastic bags. Giant Eagle, though, still wanted people to use paper bags and charged 10 cents a bag. So the creep is infecting Ohio, especially in the liberal inner cities. Of course, one could ask the question of how this impacts the poor people in the inner cities, since this is yet more cost on top of inflated food prices. One could ask, but I doubt there would be an answer forthcoming…

  6. https://reason.com/2024/01/31/aclu-sues-ronald-mcdonald-house-for-refusing-to-house-people-convicted-of-assault/

    The American Civil Liberties Union (ACLU), the New York Civil Liberties Union (NYCLU), and the Legal Action Center (LAC) are suing Ronald McDonald House Charities and its Hudson Valley chapter, for not providing discounted housing to people with felony assault convictions, a policy they say is a violation of the Fair Housing Act and New York human rights law.

    “Government agencies have long warned housing providers that unjustified and unnecessary blanket bans from housing based on criminal history disproportionately harm Black and Latine people and are unlawful,” said Amanda Meyer, an ACLU attorney in a press release.

  7. The Great Paul Harrell Crusade.

    Paul Harrell is a dental hygienist who has a firearms channel on YouTube. He is not one of the tacticool ones, he isn’t high speed, low drag. Harrell gives fundamental advice wearing his trademark vintage Sears-Roebuck hunting jacket with a calm, Shatneresque delivery. Despite his military experience, Harrell focuses on firearm ownership, safety and use from a civilian hunting and common man self-defense perspective. Only Paul Harrell would assemble a bed with pillows, sheets, etc on a gun range to discuss and evaluate the reality and options of the ‘bump in the night’ scenario and do so with a completely straight face with a completely serious delivery and mostly serious content.

    Paul Harrell has pancreatic cancer. He hasn’t given a lot of details about it, he seems to be a pretty private person, but it doesn’t look good. Many YouTube gun channels have decided that Paul Harrell deserves the gold button you get when you reach 1 million subscribers. Harrell had about 850,000 subscribers at the time and many YouTube channels got out the word that if you haven’t subscribed to his channel yet, you should at this time. They did it. I just checked and he is at 1.05 million subscribers.

  8. I left this comment on an article by Baude and Paulsen.

    https://reason.com/volokh/2024/02/02/fighting-the-meaning-of-section-three/?comments=true#comment-10427042

    He makes a great point.

    Because, if Section 3 is self-executing, then the military would be duty bound to overthrow a President they deem disqualified, because they took an oath to support and defend the Constitution of the United States against all enemies, foreign and domestic, which supersedes laws against mutiny.

    Vivek Ramaswamy pointed this out.

    (link removed)

    “Now imagine that political opponents of President Carter in 1980 or President Reagan in 1984 had filed challenges to their eligibility under Section 3, predicated upon the notion that each man had deliberately pursued a policy of delivering dangerous weapons to a group of dangerous men who intended— once they had gained the necessary capability—to attack United States government and civilian targets (which, tragically, did in fact come to pass). In short, the complaint would allege that these administrations had intentionally “given aid or comfort to the enemies” of the United States, with deadly consequences. U. S. Const., Amdt. 14, §3. Although the long-term effects of this bipartisan policy may not have been clear at the time (and were not intended by either Reagan or Carter), the inherent risks are obvious in hindsight.”

    Could the military have overthrown Carter or Reagan back then? After all, Section 3 is superior to laws against mutiny.

    An example I would add is the CIA-backed assassination of South Vietnamese President Ngo Dinh Diem. This had the effect of destabilizing the South Vietnamese government, which clearly aided and comforted the Viet Cong and the North Vietnamese.

    Was it right for Lee Harvey Oswald to kill JFK? After all if Section 3 is self-executing, then Oswald had as much authority to execute Section 3 as the military does and as that Maine secretary of state does.

    So, if a Marine private, believing earnestly that Section 3 is self-executing, attempts to depose FJB, and is apprehended and court-martialed for mutiny, are Baude and Paulsen willing to represent the private pro bono?

  9. Less than an hour after its installation, boys in a Connecticut high school tore down a tampon dispenser in their restroom.
    https://twitchy.com/grateful-calvin/2024/02/01/lol-boys-destroy-tampon-dispenser-in-boys-bathroom-because-theyre-boys-n2392456

    Who is the ethics hero or villain (or idiot?), the boys, the State of Ct., or the school principal (pronounces “he, him” noted on his email regarding the event), who called the act “…the most egregious instance of vandalism and destruction of property in recent weeks” and promised “consequences” for the “list of suspects”?

    • “in recent weeks”?

      That strikes me as a pretty low bar. If he’d said, in the past 10 years or since I became president, or … that might have more effect. On the other hand that might lead one to conclude that he presides over a pretty tame high school if tearing down a tampon machine is the worst thing that’s ever happened.

      Maybe they should have included some supplementary instructions such as “Pretend you’re a Navy Seal and you can use these to plug up bullet holes.” Of course, if that’s a valid use, it does raise other questions as to what’s going on in that school.

      ==================

      More to the point and seriously — what the hell did they think was going to happen? Why are they surprised?

  10. Curious as to whether your mystery quiz subject could have been some point of inspiration for the fictional similarly-named Dogpatch Confederate “hero”, Jubilation T. Cornpone, I found that there doesn’t appear to be any original connection, though they share a later common fate (or rather an avoidance, I suppose). Statues of the real and fictional Confederate generals appear to have both escaped destruction: https://www.times-news.com/opinion/it-wasnt-worthless-but-home-to-a-national-hero/article_f4058d2c-7921-11e7-b910-bf4547222b11.html

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