The degree to which the average American, even the average educated American, even the average educated and rational American, is ignorant about the ethical mandates and structure of the legal profession and the justice system is by turns shocking, depressing, and frightening. The consequences of this ignorance, for which the legal profession itself is largely to blame, bursts forth in all their ugly splendor after the acquittal of a Casey Anthony or, even more disturbingly, a George Zimmerman. Well meaning members of the public, who are nicely represented in this Ethics Alarms thread, think they are declaring their support for justice when they advocate cutting through all the troublesome bureaucracy and making sure what “everyone knows” is the correct result happens, and process be damned. Just do the right thing! How hard can that be? This blogger, for example, has it all figured out. Leave it to him and people of a like mind, and we’ll have a police state in no time. Continue reading
Citizenship
A Ken White Sampler
For those readers who are not familiar with Popehat’s Ken White, I offer this recent example of his deft ethics analysis and his perceptive and balanced commentary. I was going to write something that would have reached similar conclusions, but there is no point now. I can’t do better than this, and when I can do as well, it’s a good day.
Here is Ken’s commentary on the rodeo clown in the Obama mask.
D.C.’s Official, Tolerant, Peaceful and Just Oppression of Donnie McClurkin
Grammy Award-winning gospel singer Donnie McClurkin, who is African-American and also a pastor, is furious that he was dumped from the roster of performers at “Reflections on Peace: From Gandhi to King,” a city-sponsored concert on August 10 at the Martin Luther King Jr. Memorial, honoring the 50th anniversary of King’s March on Washington. He should be furious; so should any authentic follower of Dr. King. By targeting McClurkin, lesser men than King shamed his legacy by showing disdain for principles the martyred civil rights leader fought for, like tolerance, courage, honesty and inclusiveness. You see, McClurkin’s politically incorrect views on homosexuality rendered him, to the arbiters of political discourse, unfit to perform.
Courage among the District’s political leaders is almost in as short supply as trustworthiness, as city Mayor Vincent Gray demonstrated by caving to complaints made by, his office explained, a dozen people, including local gay activist and longtime civil rights advocate Phil Pannell. Pannell called the gospel singer’s public statements on homosexuality “vile.” Wow, a dozen people and one prominent activist! Pretty near a whole nation was opposed to King when he started his crusade for civil rights, and his successors can’t mount the courage to tell a dozen people advocating political discrimination to pound sand. Continue reading
Unethical Website Of The Month: Minnesota For Marriage

No, nobody’s saying you can’t advocate your beliefs, archaic and destructive though they may be. Just make sure they don’t stop people from buying flowers and cakes like everyone else…
I’ll spare you much commentary on this one, but it’s eye-opening in tone and content: an indignant, angry appeal to protest on the theory that legalizing same-sex marriage in Minnesota constitutes an attack on the freedom of religion.
A sample:
“Now over 1.4 Million Minnesotans are considered the legal equivalent of “bigots” and have NO protection to live out their beliefs in the public square. The gay “marriage” law allows churches and SOME religious organizations to define marriage as only between 1 man and 1 woman. But, people of faith know that living out your beliefs means living what you believe OUTSIDE the walls of your church.
“Gay “marriage” supporters and their allies in the MN Legislature seem to think that Minnesotans with deeply held religious beliefs about Marriage will be content to believe that marriage is the union of 1 man and 1 woman in the walls of their church and then stay SILENT about those beliefs outside those walls. So, the MN Legislature passed the gay “marriage” bill with no protections for people outside the walls of their church. The MN Senate had the chance—and refused—to protect the religious liberty rights of Minnesotans outside their church walls….Now Minnesotans with the deeply held belief that marriage is the union of 1 man and 1 woman cannot act on this belief in the way they do their business or the way they practice their profession.
“The Minnesota Department of Human Rights has already confirmed our worst fears: There is NO religious liberty protection for people of faith in the public square. The Department states specifically that nonreligious organizations are NOT exempt from the law and that nondiscrimination laws can (and will) be used as a weapon to punish people of faith. For example, if a Christian, Jewish, or Muslim florist refused to provide flowers for a same-sex “wedding” based on his religious beliefs, the same-sex couple can “file a claim with the Minnesota Department of Human Rights against the entity that discriminated against them.”
“Bottom Line? The gay “marriage” lobby and their allies in the MN Legislature view Minnesotans of faith as “bigots” and will punish them accordingly using MN Human Rights laws—forcing men and women of faith to choose between their livelihood and their convictions.
“That is not acceptable.” Continue reading
Your Incompetent, Biased, Lazy, Untrustworthy News Media At Work: A Case Study
Last week, the Huffington Post breathlessly reported that McDonald’s could double its workers wages, thus giving them a “living wage,” by raising the price of a Big Mac by a mere 68 cents. This obviously had appeal to the HuffPo’s liberal sensibilities, more proof of how a big corporation was needlessly lining its pockets while exploiting the lowest rungs of the workforce. The “proof” was in a study that had been represented as a being run by a “University of Kansas researcher.” The study results looked so good that the fine progressives at the site just knew it had to be right—after all, it perfectly confirmed their own beliefs. This, I’m sure you have guessed by now, is confirmation bias in its purest form.
The Huffington post writer and editors didn’t check the source, and didn’t check the study. And as some non-biased, at least in the same direction, reviewers quickly found out when they did, neither held up. The “researcher” was an undergraduate (Arnobio Morelix, whose wonderful name alone would have made me want to check him out) , and the “study” might have been a term paper. The paper’s assumptions, conclusions and math didn’t hold up, as is fairly common for undergraduate papers. The Huffington Post had to retract its story, five days later.
Alas, too late! Continue reading
On The NFL Player’s Slur, The MSNBC Journalist’s Lie, Words, Conduct, Reason And Proportion
There are words, there are thoughts, and there is conduct. Thoughts are not unethical. Conduct can be unethical. Words can be considered conduct when they are intended to have, or do have, material and measurable direct effects. Verbal abuse is conduct. Using a rude, vulgar or hateful word may not be verbal abuse.
Although the NFL and his team, the Philadelphia Eagles have every right, and some good reasons, to punish, suspend or even terminate Riley Cooper because a video reveals the Eagles player as saying, “I will jump that fence and fight every nigger here!” at a Kenny Chesney concert, I don’t see any conduct there, just words. He did not direct the racial slur at any individual, and there is no evidence that it was intended to harm or intimidate any African-Americans. He did not intend for the outburst to be publicized of communicated to anyone but the friends he said it to. On a pure just punishment for harm intended or achieved basis, it is ridiculous for Cooper to be facing the loss of millions and his athletic career because he uttered a single racial slur that was captured on a video. It cannot be defended logically or as a reasonable position. Using one racial slur in that setting doesn’t prove that Cooper is a racist. It doesn’t prove hate. Even if it did, hate is not illegal or even unethical until the hater acts on it in an unethical way. And a word is just a word. We don’t, or shouldn’t, fear mere words in a rational American society. We shouldn’t have taboos, or people who “cannnot be named,” like in the Harry Potter books. The ease and certitude with which otherwise intelligent people capable of making judgments involving proportion and common sense blithely go along with the batty idea that uttering a word, only uttering it and nothing more, should result in devastating consequences, is frightening. It is a per se unethical position, because it is unfair, and incompetent, because it is essentially crazy.
Having said that, I can understand why, since so many people are irrational about words, why the NFL or the Philadelphia Eagles, as a business decision, may decide that they don’t want Cooper associated with them any more. That is a rational choice, and may even be the best choice. That is not the same as saying that he deserves that result. If the bulk of NFL fans are fanatically politically correct, then the NFL and its teams cannot afford to ignore that. Sorry Riley. Continue reading
Reminder: August 1 Is “Quote Justin Carter On Social Media Day”
This is sad.
We last heard anything about Justin Carter two weeks ago, when he finally was released from prison after an anonymous donor covered his absurd $500,000 bail amount. Since then, nothing has changed. He’s still charged with making terrorist threats based on an obvious joke he put on Facebook. He still represents the apotheosis of the fanatic fear of guns and violence against schools in the wake of the post-Sandy Hook hysteria, cynically fed by Democrats, anti-gun zealots and the media. Carter’s plight still shows the continuing erosion of First Amendment rights in the fearful and paranoid culture nurtured by the Obama administration and turned into an offense to liberty by its natural partner, the abuse of government power. It’s just that nobody is paying attention.
The news media, which should have an interest in protecting the same amendment that (theoretically, these days) protects them, gave some fleeting coverage to the story but quickly dropped it in favor of gushing over infant foreign monarchs, finding ways to vilify George Zimmerman and making bad Weiner puns. The blogosohere has been pretty silent too, with some notable exceptions.
I am generally opposed to pointless demonstrations. My pathetic gesture to try to generate some fight in this somnolent nation as its common sense, ethical priorities and sense of justice drains away was never a threat to catch on, and didn’t. Essentially, few understand what is so wrong about what Texas is doing to Carter, and fewer still care enough to protest it. That is sad, and it also is frightening.
Nonetheless, those of us who do care should try to show it, and this was the best that I (or anyone else) could come up with. So challenge the fearful, the bullies, the Constitutionally ignorant, the arrogant abusers of power “if it will save just one child,” and post the harmless, facetious and sarcastic statement that young Justin Carter posted for a friend, never realizing that America, or at least the part of it where he, and quite possibly you, live, doesn’t really believe in free speech anymore. Post it on your blog, on Facebook, on Twitter. Let’s see if they come for all of us, however many it is. And let’s see how many people care anymore.
August 1 Is “Quote Justin Carter On Social Media Day.”
And Justin’s words, which got him arrested, imprisoned, and soon will have him being tried for his freedom, were these:
“Oh yeah, I’m real messed up in the head. I think Ima shoot up a kindergarten and watch the blood of the innocent rain down and eat the beating heart of one of them.” lol. jk.”
More Juror Ethics
From the Erie Times News:
An Erie woman, dismayed that she had been picked to serve as a juror in a weapons case, audibly harrumphed the worst curse word of them all, then huffed and puffed her way to her seat in the jury box. Erie County President Judge Ernest J. DiSantis was having none of it. When apprised of the outburst by the lawyers on the case, DiSantis came to the courtroom and called the woman, Kathleen Port, in front of the bench.
Port was off the jury, for start, DiSantis said. “But we are not done,” he said. DiSantis held Port in contempt of court and fined her $500 for the improper behavior. “You are totally out of line,” he said….Jury service is a duty of citizenship, he said.
“It is inconvenient at times,” he said.
Good.
That’s one less juror who will go on ABC to prove that her vote was meaningless and that she had no idea what she was doing.
____________________________
Pointer: ABA Journal
If Only Justin Carter Were Black…Or Muslim…
If Justin Carter were black or Muslim….
- …maybe the news media would take an interest in a Texas teenager being imprisoned and charged with a terrorist threat for an obvious joke on Facebook;
- …maybe progressive and civil rights organizations would question whether his prosecution was the result of an abuse of power by prosecutors, and fearful paranoia by the his community;
- …maybe pundit and commentator accusations of official bias against his race or religion would result in authorities questioning the wisdom of their actions and the cruelty of Justin’s persecution;
- …maybe professional activists and race-hucksters would use their influence to focus attention on his plight, the miscarriage of justice, and its dangerous implications for the rest of us;
- …maybe the ACLU would deem his case worthy of its intervention and support;
- ...maybe Al Sharpton would organize demonstrations protesting law enforcement ruining the life of an innocent young man because he was insufficient sensitive to irrational public fearfulness, instead of organizing protests against a jury’s just and unimpeachable acquittal of a defendant based on inadequate evidence to convict.
- …maybe the President of the United States would feel that his case was worthy of a lecture to the nation about the importance of free speech, and why fear of guns, violence and terrorism shouldn’t turn the U.S. into a censorious police state.
But unfortunately for Justin Carter and the First Amendment, he isn’t black or Muslim, so the serious criminal charges against him for daring to express himself remain, the news media has been silent on the case for more than a week, the ACLU ignores him, the President’s attentions and priorities remain elsewhere, and most of the public has never heard of him, or doesn’t give a damn.
Please join me in trying to get this terrible injustice noticed and rectified, and by participating in “Quote Justin Carter On Social Media Day,”
August 1, 2013.
Remember, the words that made Justin a criminal are these:
“Oh yeah, I’m real messed up in the head. I think Ima shoot up a kindergarten and watch the blood of the innocent rain down and eat the beating heart of one of them.” lol. jk.”
Post them on Facebook, Twitter, Link’d In, or your own blog, and let’s see if they can arrest all of us.
Well, Let’s Kill All The Lawyers, Then!
One reason why democracy doesn’t seem to be working very well is that the public is becoming increasingly ignorant about what makes it work at all. Evidence of this trend comes by way of a provocative study by the Pew Research Center, which polled the public regarding which professions it believes contribute the most to society.
The results can be found in this press release, this summary, and this article in The Careerist, but here is a snapshot:






