Ethics Verdicts: The Georgetown Law Professor’s Comments Were Careless But Not “Reprehensible,” And The Law Center Dean’s Statement Implying Her Comments Showed “Systemic Racism” Is Reprehensible…And False

This, I would remind you, is why the emphasis of the first Ethics Alarms post on this mess involving my former employer and alma mater was that GULC adjunct professor Sandra Sellers was culpable for the inevitable results of her unintentionally public candor for incompetently broadcasting her private observations over an online conferencing platform. I predicted that she was a goner once the school’s black student organization saw a grandstanding opportunity (and if it wrecks a lawyer’s reputation and career–so what? After all, she’s just another racist white bitch…), and I was right, in part because I know what the Law Center has become in recent years.

I also predicted a groveling apology from Sellers rather than the ringing defense of her observations that might have been helpful in both clarifying her comments and exposing the Law Center’s spectacular embrace of Rationalization #64, “It Isn’t What It is.” Poor, weak, technologically inept–but not wrong!–Sellers sent the Washington Post a copy of her grovel, which could have been drafted by a computer. She apologized for the “hurtful and misdirected remarks,” carefully chosen words indeed. Her remarks were “misdirected” because they were intended only for another professor, not the universe, and they were “hurtful” because they created a student relations crisis for Georgetown—which it has thoroughly botched. Sellers also said in the letter

“I would never do anything to intentionally hurt my students or Georgetown Law and wish I could take back my words. Regardless of my intent, I have done irreparable harm and I am truly sorry for this.”

Well, I give her some credit for declining to say that she didn’t mean what she said, or that what she said was untrue. Some. In essence she apologized for what I had written was the problem with her statement: it was careless to let it be witnessed by people who would—mostly deliberately— misinterpret it. Her carefully composed non-apology was clever, but it doesn’t help. The school’s statement, through GULC second-in-command Dean Trainor, was despicable—unfair and cowardly. It called the episode indicative of “structural issues of racism” (Translation: Sellers is a racist) and “explicit and implicit bias.”

Yes, a dean of a major law school declared on behalf of that law school that accurate observations involving student education are racist, presumably because they don’t advance a convenient but false progressive narrative. He also suspended the law professor Sellers was talking to because he didn’t meet his “bystander responsibility” and confront her over her non-racist statement as if it were racist.

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Coke Commands Its Lawyers To Discriminate: Can’t Do That, And The Law Firms Should Refuse (But I Bet They Won’t)

Coke Coercion

This is a major development with narrow implications in the field of legal ethics, but potentially wide-ranging importance in the society as a whole.

We are just now learning—after all, you wouldn’t expect the news media to report this kind of sinister, reverse-racism bullying, would you?—that the general counsel of Coca Cola issued an open letter to the law firms representing it. [Full disclosure: I have taught legal ethics seminars for one of them] The letter decreed that these firms “commit that at least 30% of each of billed associate and partner time will be from diverse attorneys, and of such amounts at least half will be from Black attorneys.” You can read the letter here. Here are the edicts:

Coke demands

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Straining To Smear Merrick Garland, The National Review And Conservative Lawyer Ed Whelan Beclown Themselves…

fantasticks-archive-b0a32b1dd6

TUESDAY, MARCH 16, 2010 – The Repertory Theatre of St. Louis’ production of “The Fantasticks”. ©Photo by Jerry Naunheim Jr.

…because they don’t know what the hell they are talking about.

I, on the other hand, do.

Whelan, who is usually much better than this, writes in “Yes, Merrick Garland Found ‘Hilarious’ a Song About ‘Rapes for Sale’,

Attorney General nominee Merrick Garland, as a college student, wrote a review of the musical The Fantasticks in which he labeled “hilarious” a song that (in his words) “provides a shopping list of rapes for sale (e.g. ‘the military rape—it’s done with drums and a great brass band.’).” But the Breitbart account turns out to be accurate. (Here is Garland’s article from the Harvard Crimson’s archives.) I have no interest in defending Garland’s observation from his college days nearly fifty years ago,* but I will try to put it in some context. What a theatrical performance can make amusing is often difficult to fathom in the abstract, as Mel Brooks’s “The Producers,” involving a musical comedy about Hitler, demonstrates. I will note that “The Fantasticks” (according to this Wikipedia entry) ran, on and off Broadway, for 42 years (from 1960 to 2002), “making it the world’s longest-running musical.” So it would seem that many folks shared Garland’s enjoyment of the song. Not surprisingly, controversy arose at some point over the “rape” lyrics, leading lyricist Tom Jones to revise them—to eliminate the word “rape.”

It is hard for me to tamp down my contempt for Whelan’s piece, but I’ll try.

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Tuesday/Wednesday Ethics Sandwich, 3/9-3/10/21: Movies, Megxit, Major And More

Dagwood sandwich

1. Worst “review” of the Year, and other Megxit Ethics Train Wreck developments :

  • I hate to end one day (and start another) with something so nauseating, but a Times “Critic’s Notebook” entry by Salamishah Tillet titled “Taking On Royal Life’s Racism” (online, “Prince Harry Finally Takes On White Privilege: His Own”) is both incompetent and dishonest. This is no review. It is a black studies professor with an agenda using a media stunt by Oprah Winfrey and the breakaway Royals to serve as her own soap box. Using a mixed-race American who achieves some success in a difficult profession (performing), then marries a British prince with the automatic money, glamor and influence that status confers as an example of racial persecution is ridiculous on its face. This is a confirmation bias classic for the ages: the black feminist activist saw what she wanted to see in one of the worst possible settings to see it. The “review” could have been written before the interview was broadcast; I bet most of it was.
  • The U.K.’s media regulator ( that is,censor and political correctness enforcer) Ofcom is investigating Piers Morgan because 41,000 people wrote to complain about the then-ITV’s “Good Morning Britain” host stating the obvious about Meghan Markle and Prince Harry’s joint whine with Oprah Winfrey. On “Good Morning Britain”, which Morgan quit mid-show after being attacked by his co-host, Morgan said he did not believe Markle’s statement that she had approached the Royal family for help because she had suicidal thoughts, and was turned down. “Who did you go to? What did they say to you? I’m sorry, I don’t believe a word she said…I wouldn’t believe it if she read me a weather report,” Morgan said. Neither would I, especially when such tales were attached to no details whatsoever. Morgan is a media low-life to be sure, but that doesn’t mean he isn’t right in this case. It’s a problem, though, when the most vocal and accurate critic of a manufactured narrative is so easily discredited.
  • In the U.S., the Left will sanctify the Duchess of Sussex because she’s female and blackish, thus meaning that to question her word or character is per se racism. (She’s like a Kardashian with superpowers). The Right is mostly anti-monarchy, so any harm she does to the Royals is regarded as a plus. One poll indicates, however, that the British public is less gullible: Meghan is now the least popular Royal, even behind Jeffrey Epstein pal and likely defiler of under-age girls Prince Andrew.

It’s only because the Brits are racists, of course.

2. Is there a media critic in the United States that isn’t a partisan hack? David Zurawik of the Baltimore Sun certainly fails the test. Imagine writing a column titled “If Fox News wants to be a political tool, it should be treated as such and not given access meant for journalists” after the performance of all the other news organizations from 2016 on and expecting to be taken seriously. Has the mainstream media ever committed itself to a single partisan political objective more brazenly than the propaganda campaign against President Trump? Zurawik’s claim is either delusional or a lie aimed at the deluded….of which there are many.

3. White House dog ethics. Apparently the mysteriously reported “incident” that resulted in President Biden’s two German Shepherds being banished to Delaware was more than a mere nip: the victim of a bite by Major, a rescue dog, was really hurt. “There Will Finally Be Dogs in the White House Again,” was the headline in Harper’s in January, over one of many stories cheering the fact that the new “normal” President would have a dog, unlike the weird, mean, non-animal lover on the way out. In truth, the modern White House is no place for a dog—too stressful, too many visitors and strangers— and many First Pets have been acquired as PR props rather than out of genuine love for canines. Getting a rescue dog is admirable, but they often come with behavioral problems and special sensitivities that must be addressed, or they can be dangerous. My sweet rescue dog Spuds, for example, has night terrors, and woe be to any human that wakes him up while he’s recalling past abuse.

4. Governor Cuomo is now up to SIX accusers! Who could have predicted…oh, right. I did. But I’m sure it was all just a misunderstanding, like the Governor says. Sarcasm aside, I doubt Cuomo is a threat to Bill Cosby’s total, but I didn’t expect the Cos to top 50 either.

Added: Various conservative blogs and commentators are chiding Kamala Harris, who led the unethical smearing of Brett Kavanaugh as a sexual predator based on a vague high-school incident, for not weighing in on Cuomo’s alleged conduct. Harris is a two-faced hypocrite for sure—she agreed to run with a serial sexual harasser whose wrongful conduct is a matter of photographic record—but it is not a VP’s place to get involved with state government issues.

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I Hearby Forgive Prof. Jonathan Turley For My Having To Toss My Completed “What An Idiot!” Post On Rep. Swalwell…

Village idiot

…because Turley did such a superb job showing how ridiculous Swalwell’s lawsuit is. I couldn’t possibly compete.

I saw the note about Swalwell filing a a 64-page complaint against Donald Trump ( and Donald Jr., Rudy Giuliani, and Rep. Mo Brooks) alleging nine counts in tort ranging from negligent emotional distress (suffered by Swalwell) to negligence, in an “incitement to riot.” That news sparked three thoughts: 1) “What an idiot!” 2) “Who was the hack lawyer who agreed to file such a suit?,” and finally, 3) “This will be a fun post to write!” And it was, except that while I was formatting, editing and arranging tags, commenter Steve Witherspoon dropped me an email that said in part, “Did you read Turley’s blog post about Eric Swalwell posted a couple of hours ago? WOW!!!”

I hadn’t, I did, and “Wow!” indeed. It’s a tour de force.

The take-no-prisoners defenestration of Swalwell is unusually merciless for Turley, who begins,

“French philosopher Voltaire said he had only one prayer in life — “O Lord, make my enemies ridiculous” — and that it was uniformly granted by God. The answer to Donald Trump’s prayers may be Rep. Eric Swalwell (D-Calif.)”

Do read the post. And as you do, remember that the idiot Turley is writing about was hand-picked by Nancy Pelosi to be one of the House Managers in the second Trump impeachment trial. The University of Maryland School of Law must be measuring the heads of its board, administrators, alumni and faculty for paper bags to wear, because that school gave Swalwell a law degree.

Comment Of The Day: “Today’s Dispatch From ‘The Great Stupid’: The Chivalry Assignment “

Come for the ethics, stay for the chivalry lesson!

Steve-O-From NJ ( as I strongly suspected he would) responded to the infuriating tale of the high school teacher who ordered her students to act out her infantile and politically-warped view of “chivalry” with a brief lesson on what Medieval chivalry was really about. Obviously an Ethics Alarms post can’t cover this entire, rich topic, but students reading here would come away with a lot more genuine historical perspective than the young victims of a feminist teacher’s ignorance at Texas’s Shallowater High School. This Comment of the Day is admittedly tangential to the ethics issue, which is that our public school teachers frequently don’t know what they are blathering about, and are too often more concerned with woke indoctrination than they are in education.

It also points up a dilemma. Teachers should be capable of conveying the essentials of “the three ‘Rs,'” and perhaps age-appropriate science and geography. But history? Most teachers were educated in a school system that neglected or distorted history, and their own knowledge and analytical abilities in this subject are, to be kind, inadequate. Thus they pass along their own biases, misunderstandings and flawed knowledge to the next generation. I would conclude that teachers should be required to stick to the approved history textbooks and their lesson plans, except that most of those have been polluted by ideological agendas too.

Well, that’s a topic for another day. Right now, the topic is Chivalry.

Here is Steve-O’s Comment of the Day on the post, “Today’s Dispatch From ‘The Great Stupid’: The Chivalry Assignment“:

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As The NYT Charles M. Blow Desperately Searches For A Topic Worthy Of His Brilliance Now That He Can’t Attack Donald Trump In Every Column, And Settles On A Cartoon Skunk…

pepe

Of course Charles M. Blow quickly jumped on the “Cancel Dr. Seuss” bandwagon. I’m sure he was ticked off that he didn’t think of it first. The really woke publications have to include a race-baiter niche (or several) on their staffs, and Blow occupies that prime slot at the New York Times. Blow is an anti-white bigot in general, but he’s versatile: for the four years in which the Times enabled his virulent Trump Derangement, Blow proved he was also adept in pushing almost all of the anti-Trump Big Lies, not only the one that asserts that he is a racist. His columns were like crack for Trump-Haters. For everyone else, they were, like Blow himself, staggeringly repetitious, predicable, pompous, and boring.

Now, with Trump only intermittently in the news, Blow has a problem, being addicted to anti-Trump crack himself, and he’s clearly foundering. In his anti-Seuss screed—if you’re white like Theodore Geisel, Blow will presume you’re a racist (incidentally, he begins his columns by writing, “As a child, I was led to believe that Blackness was inferior.” That’s odd: I wasn’t!)—he also attacked Warner Bros. cartoon character Pepé Le Pew for contributing to “rape culture,” which is hilarious wokism self-parody.

Pepé Le Pew is one of the lesser Warner Brothers animated stars, an amorous French skunk whose cartoons consisted of a single gag: an incurable romantic obsessed with the pursuit of amorous conquests, Pepé kept mistaking cats and other creatures as female skunks (they somehow got white stripes painted on them in various accidents, hence the species misidentification), whereupon he would aggressively woo them, including hugging and kissing them without their consent.

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And Today In The Attack On Liberty And The Pursuit Of Happiness That Is Known At Ethics Alarms As “The Great Stupid”…

Liberty weeps

Online retailer eBay has announced that it will no longer allow owners of the six Dr. Seuss books eliminated this week from Theodore Geisel’s published children books to sell the books online in its auction platform.

Citing its offensive materials policy, eBay Corporate Communications Specialist Parmita Choudhury explained, “At eBay, we have a strict policy against hate and discrimination to ensure our platform remains a safe, trusted and inclusive environment for our global community of buyers and sellers.We’re currently sweeping our marketplace to remove these items. It can take some time to review all existing listings and provide education to impacted users. We’re also monitoring the newly published list to be reviewed.”

First they came for Yertle the Turtle….

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Happy Birthday, Dr. Seuss! You’re Cancelled, You Racist.

Suess birthday

Today is Dr. Theodore Geisel’s birthday. Better known to the world as Dr. Seuss, the author and illustrator of such classic children’s books as “The Cat in the Hat,” “Horton Hears A Who,” and my personal favorite, “Fox in Socks” because it drives my wife crazy, was born this day in Springfield, Massachusetts, in 1904. Geisel, who used his middle name and his mother’s maiden name as his nom de plume, wrote 48 books (even some for adults). His work has now sold over 200 million copies and been translated into multiple languages. His style of verse and illustrating have been imitated and parodied countless times. Jesse Jackson even read “Green Eggs and Ham” on Saturday Night Live.

Nobody ever thought of Dr. Seuss books as “racist” until recent fads, events , cancel culture and The Great Stupid washed over the land. Well, OK, not “nobody.” Ethics Alarms had a post about the Seuss Museum in Springfield cutting a piece out of a Dr. Seuss mural because three prominent children’s authors who had been invited to attend the Children’s Literature Festival at the Museum threatened to boycott the event on the theory that the mural, painted to replicate a scene from Dr. Seuss’s first book “And to Think That I Saw It on Mulberry Street,”  was, they claimed, offensive. It had, said one of the grandstanding hysterics, a “jarring image” of a man with slanted eyes and a coolie’s hat using chopsticks to eat rice, because, apparently, Chinese people never wore such hats, don’t use chopsticks and hate rice. I wrote, while awarding the museum an Ethics Dunce designation (I’m thinking about adding a “Weenie of the Week”…what do you think?):

There is nothing racially jarring about Geisel’s painting of a “Chinaman” except to someone already looking for offense. Dr. Seuss’ drawings can be fairly termed cartoons. The definition of a cartoon is “a simple drawing showing the features of its subjects in a humorously exaggerated way.”  What are these juvenile children book authors asserting…that all cartoons are racially insensitive? That only cartoon of non-whites are offensive?…Normal Americans, meanwhile, understand the cartoon art form, recognize that features are exaggerated, and thus do not take drawings like those by Dr. Seuss (or Matt Groening, the creator of The Simpsons) as literal or malicious.

Well, silly me. I thought this was just a one-off moment of woke insanity: I have since learned that the Woke never sleep. In the post, I referenced “The Simpsons” and the fact that nobody had called for the elimination of Apu. Apu has since been cancelled as “racially insensitive.” The show also decreed that white voice actors can no longer portray black characters, so Dr. Hibbard has a new sound. Presumably “The Simpsons” will eventually seek a low IQ hick to voice “Cletis the Slack-Jawed Yokel” and a socially awkward MIT PhD. to do the voice of Prof. Frink.

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When Factcheckers Go Bad…

foot in mouth Xray

Here’s the First Law of Factcheckers: “Never make a public statement that shows you haven’t checked the facts.”

Glenn Kessler, the Washington Post’s longtime factchecker, broke that law today, and spectacularly.

After former President Trump chided Biden for not opening the schools by saying in his CPAC speech today,

“America’s children must get back in the classroom, and they must get back now. Joe Biden’s anti-science approach sold out America’s children to the teacher’s unions.”

Kessler, who is actually called “The Factchecker” by his paper, tweeted,

Kessler tweet

January 28? That would be Joe Biden, Ace.

The significance of this lazy, Twitter-driven botch is that Kessler is eager  and inclined to find fault with what Donald Trump says or does, and primed to protect Democrats, like Joe Biden. But we knew that, did we not?

Bias makes you stupid; Twitter makes you stupid. Bias and Twitter make you incredibly stupid.

Why should anyone trust Kessler’s objectivity and professionalism after this?