What Is Fairness, Justice And Proportion For Aaron Schlossberg?

“He’s a jerk. Let’s squash him like a bug…”

Surely by now you know of Aaron Schlossberg, the latest cultural villain.

He was the star and author of a bizarre incident at a restaurant in Manhattan. Schlossberg, who is a midtown Manhattan lawyer, freaked out beyond all reason when a customer began conversing in Spanish with employees at the restaurant. “Your staff is speaking Spanish to customers when they should be speaking English,” he protested. “Every person I listen to — he spoke it, he spoke it, she’s speaking it. This is America! “My guess is they’re not documented, so my next call is to ICE to have each one of them kicked out of my country.If they have the balls to come here and live off of my money — I pay for their welfare, I pay for their ability to be here — the least they can do is speak English…I’m calling ICE.”

Naturally, this was captured on a phone video. Naturally, it was posted to social media. Once upon a time a person could behave like a jackass and only have the immediate witnesses to his conduct know about it. No more. Now, thanks to omnipresent cell phones, everyone is under more or less constant surveillance, and a bad moment, a sudden outburst or an ill-considered word can and will be wielded by steely-eyed social justice enforcers to destroy a miscreant’s life to the maximum extent possible.

Is that the kind of society you want to live in? It would be wise to consider the fate of Aaron Schlossberg.

Somehow his name became known. The news media picked up his tantrum: the Daily News put it on its front page! The New York Post reported that he has been evicted from his office by Corporate Suites, the company that held his law office lease.  His firm’s associate quit, with a nice virtue-signaling tweet. A petition demanding that he be disbarred has more than 10,000 signatures, and there is a GoFundMe effort to a  hire a mariachi band to follow him around New York.

That’s kind of funny, I have to admit. Continue reading

Comment Of The Day: “Morning Ethics Warm-Up Overstock, 5/15/ 2018: It’s Use Them Or Lose them…”

Good things can even come out of really dumb ethics episodes, like the effort to silence critics of illegal immigration by pointing out that they had legal immigrants in their lineage, a non sequitur if there ever was one.

This good thing is Greg’s Comment of the Day, on Morning Ethics Warm-Up Overstock, 5/15/ 2018: It’s Use Them Or Lose them…:

The notion that immigrants in the 19th and early 20th centuries assimilated much more quickly than today is largely untrue. In fact, most Americans in the early part of the 20th century believed that the failure to assimilate by Lahren’s ancestors and millions of others like them was a matter for grave concern. These days, we read over and over again that the laws passed in the 1910’s and 1920’s restricting immigration were motivated primarily by racism. But that is a gross distortion. If you read political commentary at the time when those laws were debated, you will certainly find discussion of race (usually referring to what we would now call “nationality,” not to what we now call “race”), some of it quite offensive to modern sensibilities.

But the most important concern expressed by immigration restrictionists was that too many immigrants were failing to assimilate. Most immigrants were not becoming citizens. Consulting my grandfather’s trusty, albeit brittle and yellow, 1924 World Almanac, I see that in 1914, the last year before the first restrictive immigration act was enacted, the Census Bureau reported that there were 1.2 million immigrants to the United States but only 0.1 million naturalizations.

The vast majority of immigrants moved to a few large cities in the North. Census figures in 1910 revealed that in most major northern cities, Americans born of parents who had been born in America (as shorthand, in order to avoid wordy repetition, I’ll call them “American-Americans”) were outnumbered by immigrants and their children. In many cities, the number of immigrants was more than twice the number of American-Americans, and the number of immigrants and their children (about two-thirds of them born to two immigrant parents) was often three to four times the number of American-Americans.

Moreover, most immigrants clustered in insular ethnic neighborhoods where they continued to speak their native languages and follow their native customs, standing largely outside the broader American society. In the 1910 census, the population of the United States was 92 million, of which 33 million were immigrants and their American-born children. Of those 33 million, 23 million told the census that English was not their primary language, with 3 million admitting that they did not speak English at all (although the actual number was generally believed to be much larger). Those heart-warming Italian, Irish, Jewish and other ethnic neighborhoods that you see in countless movies and books? There was a widespread conviction that those neighborhoods were a serious social problem. They were viewed, not unfairly, as encouraging their inhabitants to maintain dual loyalties or primary loyalty to their native countries, perpetuating European ethnic hatreds that imported from their native countries, breeding ethnic criminal gangs (Irish, Italian, Jewish and others), fomenting anti-democratic political tendencies, and most of all, undermining America’s sense of itself as a people joined by common values and purposes. Most Americans believed that something should be done to induce people in those neighborhoods to assimilate into the mainstream of American society; and that this necessary assimilation would never happen if immigration were not curtailed. Continue reading

Morning Ethics Warm-Up, 5/18/18: George Sanders Memorial Edition

Good morning….

1. Why George, you ask? “Dear World,” famed actor George Sanders wrote in his suicide note in 1972, ”I am leaving because I am bored.”

I can relate. I am so bored with the unchanging patters of the news media’s irresponsible obsession with “getting” Donald Trump, the unethical and obsessed Ahab-like mania of his foes, and the depressing–I’m really ashamed of all of you—conduct of my many left-wing friends who still, after all this time, erupt in unseemly barking and seal-flipper applause over any Trump-hating pundit’s warped analysis. I’m bored, and I don’t understand why everyone else isn’t bored. How can Saturday Night Live fans still pretend to think Alec Baldwin’s amateurish, fury-sweating, repetitive Trump mockery is interesting? We’re at the point now where everything is being repeated from months ago: the resistance is running through the alphabet AGAIN.  A few days ago an ex-Obama official went all the way back to the Resistance’s Plan C, the arcane Constitutional dead letter known as the Emoluments Clause, and like the lapdogs they are, the Democrats’ impeachment lynch mob and anti-Trump news media predictably followed suit. This was widely interpreted by cooler heads as a sign of Trump Derangement Desperation, and maybe so, but this is like “Groundhog Day.” I never dreamed that I would still have to write about this 18 months after the initial post-election freak-out—“He’s a Nazi!” “He’s insane!” He’s a racist!” “He stole the election!” “He’s a Russian puppet!” —which was embarrassing enough. And I do have to write about it, because it is, in the end, an ongoing story of Americans acting horribly toward their own institutions, and professionals, who are supposed to be trained to be better, leading the way while in many cases acting worse.

It just kills the blog, as well as the fun of writing it, which has always been the eclectic and broad influence of ethics in our lives. The issue has just gutted traffic here: the anti-Trump virus-infected  can’t bear to read any objective commentary that doesn’t drip with hatred of the President, so they retreat to the warm second-hand lies of social media, rapid Trump supporters don’t want to frequent a periodic defender who won’t ignore his flaws, and serious ethics followers who view the whole episode as a bad dream that they would rather not think about while pondering the nuances of utilitarianism find the essays on the topic of the Trump Wars repetitive—which, inevitably, they are.

2. “Animals.” Look at yesterday’s ridiculous effort by journalists and pundits to intentionally misinterpret the President’s off-the-cuff comments in response to a comment about the violent MS-13 gangs at a White House roundtable discussion on the subject of immigration and so-called “sanctuary cities.” Fresno County Sheriff Margaret Mims raised the problem of  Mara Salvatrucha gangs, better known as MS-13. “There could be an MS-13 member I know about — if they don’t have a certain threshold, I cannot tell [Immigration and Customs Enforcement] about it,” Mims said, thus triggering a typical Trump word cloud in which he described the gang members as “animals.” Never mind: multiple news sources deliberately omitted the context of Trump’s remarks to advance the “Trump is a racist and hates all immigrants” narrative. Incredibly, this was so blatant that CNN, of all people, decided to weigh in on the President’s side—all the better to allow them to claim objectivity when they smear him later. Continue reading

Here Is Why Baseball Fans, And Almost Everyone Else, Are Ignorant Of How The Law Works…

Last night, while I was watching a lousy Red Sox loss to the Oakland A’s, the Boston broadcasters announced their mid-game poll: “Do you agree with the Supreme Court decision on sports betting?” Viewers were supposed to text one number for yes, another for no. It was quite clear that the Sox announcers themselves had no clue what the decision was, however, as Jerry Remy and Dave O’Brien began debating the pros and cons of legalizing sports betting. The debate was edifying, but had nothing to do with the Court’s decision in Murphy v. National Collegiate Athletic Association whatsoever.

They and thousands of Red Sox fans had no clue what the decision was, and their ignorance didn’t stop them from voting on what they thought it was. What they thought it was came from second and third hand social media posts, and misleading headlines (“Supreme Court Strikes Down Anti-Sports Betting Law”) as well as brain-dead reports on the meaning of the majority ruling. (“Today the Supreme Court opened the door to legalized sports betting by declaring the federal law banning it unconstitutional…”). On a local news channel in the D.C. area, a reporter was dispatched to “investigate” if the reporting on the decision was accurate. “We began by reading the decision itself,” he said,

Wow! What a concept! Read the opinion rather than depend on ignorant reporters who don’t know the Constitution from “Hiawatha” to explain it based on what they think they know, which is not remotely like knowing anything!

Quoting again from ScotusBlog, here’s what “the decision on sports betting” was…

The 10th Amendment provides that, if the Constitution does not either give a power to the federal government or take that power away from the states, that power is reserved for the states or the people themselves. The Supreme Court has long interpreted this provision to bar the federal government from “commandeering” the states to enforce federal laws or policies. [The] justices ruled that a federal law that bars states from legalizing sports betting violates the anti-commandeering doctrine…

…In a decision by Justice Samuel Alito, the court began by explaining that the “anticommandeering doctrine may sound arcane, but it is simply the expression of a fundamental structural decision incorporated into the Constitution” – “the decision to withhold from Congress the power to issue orders directly to the States.” And that, the majority continued, is exactly the problem with the provision of PASPA that the state challenged, which bars states from authorizing sports gambling: It “unequivocally dictates what a state legislature may and may not do.” “It is as if,” the majority suggested, “federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals. A more direct affront to state sovereignty,” Alito concluded, “is not easy to imagine.”

Later on, Alito makes it clear that the decision isn’t pro-sports betting or anti-sports betting. The decision is anti-the federal government telling the states that they can’t pass certain kinds of laws, and the subject matter of those laws are irrelevant to that principle. The decision in Murphy v. National Collegiate Athletic Association  no more approves legalized sports betting than it approves speed limits over 90 or letting felons vote in state elections. The decision says that while the federal government can pass its own laws, it can’t order the states not to pass laws.

Never mind! Thousands of Red Sox fans had opinions based on misunderstanding the decision, just as many bloggers and online commenters worked themselves into a frenzy about the evils or benefits of sports betting, aided by journalists who literally, not figuratively, didn’t know what they were writing about, and didn’t have the integrity or common sense to find out.

Good job, everybody!

 

Morning Ethics Warm-Up, 5/16/ 2018: The Fake Moussaka Edition

Gooood morning Pyongyang!

…and everyone else too, of course.

1. ” Winning.” How many in “the resistance” and the news media are rooting, secretly or openly, for the North Korean talks to fail? Based on the tone of some premature gloating on social media and news reports after North Korea threatened to pull out of talks, I think “many” is the fair answer. Other recent headlines and news stories also point in this direction, like “Improving Economy A Problem For Democrats.” (No, an improving economy is not a problem for any Americans, unless they care about their own power more than their country.)

This is especially revolting ( and hypocritical) from the same people who 1)  falsely attributed Rush Limbaugh’s indefensible statement in 2008 that he wanted Obama to fail to the entire Republican Party (I condemned Limbaugh’s statement at the time) and 2) used it to feed the narrative that conservatives who opposed that Presidents left-ward policies were doing so out of personal and racial antipathy.

A President’s success–as in “being proved correct” or “getting lucky,” it doesn’t matter which— makes it more likely that policies you don’t like will be continued? Suck it up and cheer like the good citizen you are. His accomplishments make it less likely that your favorite politician will get elected? Cry me a river: your duty is to care about your nation and fellow citizens first. That you are on record that—okay, still think that—this Presdent has crap for brains and you wouldn’t shake his hand without gloves makes you look less wise and prescient than you would have if he fell flat on his face? Cue the world’s smallest violin, have some integrity, and grow the hell up.

2. Ken Burns ethics, and FDR. In this post earlier this year, I scored documentary whiz Ken Burns for the hagiography of Franklin Roosevelt that marred his otherwise superb “The Roosevelts.”  “The smoking gun for me,” I wrote, “is that despite ten and half hours, Burns somehow never found time to highlight FDR’s internment of American citizens solely because they were of Japanese ancestry. The civil rights outrage is only alluded to in passing, as part of a list from a biographer preceding the nostrum, ‘All great leaders make mistakes.’” That critique stands, but it is slightly unfair, I subsequently discovered. Burns covered the internment of Japanese Americans extensively in an earlier, also excellent, PBS series, 2007′ s “The War.”  Even that section, however, avoided laying proper accountability for the debacle at President Roosevelt’s feet.  I watched the documentary over the past two days, and the deceit is really extraordinary.  The narration keeps referring to Executive Order 9066, without specifically saying whose order it was, like the thing appeared on its own. Here, Ken, let me fix this for you:

President Franklin D. Roosevelt ordered the imprisonment of tens of thousands of American citizens of Japanese ancestry and resident aliens from Japan in concentration camps (“internment” is a euphemism and a cover word, like “pro-choice”) with towers and guards with loaded rifles. Though some German-Americans and Italian-Americans were imprisoned as well, far fewer were taken. The risk they posed was not considered as great, because they were white.’

Executive Order 9066 wasn’t rescinded, incredibly, until February 19, 1976, by President Ford. The Supreme Court decision upholding the order, Korematsu v. United States, 323 U.S. 214 (1944),has never been overturned. In that case’s 6–3 decision approving the abrogation of American citizen rights with fear as the justification, six of FDR’s eight appointees—you know, the liberals—  sided with Roosevelt, and against the Bill of Rights. Continue reading

Morning Ethics Warm-Up Overstock, 5/15/ 2018: It’s Use Them Or Lose them…

This is perplexing. I have a backlog of ethics stories and issues that I feel are better mentioned in the Warm-Up format, then that post run long, and the items in my basket of deplorable often get superseded by new issues, and are never seen here at all. The collective approach saves amazing amounts of time, so if I have to post each of the leftovers individually, that will preclude doing the work necessary on potentially more significant issues.

Well, today, at least, I’m posting on some of the morning issues that didn’t make the cut.

And this is why Royals used to avoid marrying commoners.

What an Ethics Dunce, and worse,  soon-to-be Royal father-in-law Thomas Markle is! Your daughter is unexpectedly in the middle of a world event (not that it should be that), and she is approaching the most exciting day of her life. One of your two duties is to be on hand to walk her down the aisle, and your other duty is not to screw things up for her and embarrass her. Markle couldn’t do either, because, it is evident, he is a low-life, the real equivalent of  Eliza Doolittle’s father in “My Fair Lady,” who after years of neglect has to try to cash in on his daughter’s good fortune.

The father of the soon-to-be royal bride couldn’t resist cashing in, doing several photoshoots with a paparazzi agency ahead of the wedding. The news reports of this provoked a negative reaction, predictably, except Tommy Boy was too greedy or dumb to predict it, and now he says that he will not attend because he does not want to embarrass Meghan or the royal family.

Too late!

Are there really people who think this is legitimate criticism?

I suppose there are, but wow.  A politically active genealogist named Jennifer Mendelsohn—she’s an idiot, by the way—spends her time digging into the ancestry of critics of illegal immigration and illegal immigrants to prove they are hypocrites, or something. Her latest target is Fox News’s Tomi Lahren (I am not a fan) and Mendelsahn really seems to think she has uncovered a “gotcha!,” tweeting…

Except the 1930 census says Tomi’s 3x great-grandmother had been here for 41 years and still spoke German. Her 2nd great-grandmother had been here for 10 yrs. Spoke no English. Her great-grandfather’s 1895 baptism from MN? Recorded in Norwegian…But as long as people like Lahren continue to push a specious agenda that suggests today’s immigrants are somehow wholly different from previous ones, I’ll keep showing just how alike they really are.

I really do think the wretched quality of thought here is more characteristic of most illegal immigration activists than people are willing to admit. I’m sure you can do this analysis yourself, but…

  • Illegal immigrants are not the same as legal immigrants. That what was once legal is no longer doesn’t make what the legal immigrants did in 1900 wrong, or what illegal immigrants doing now right.
  • There is nothing hypocritical about a citizen with immigrants in their lineage condemning illegal immigration. Indeed, there would be nothing wrong with someone with illegal immigrants in their family doing the same. If my great, great grandfather was a pirate, I can still oppose piracy. If I exist because my great-grandmother was raped, there is nothing wrong with my opposing rapists.
  • Did I mention that Mendelsohn is an idiot?

Just wanted to make sure.

Best rejoinder to her tweet: “Now do Elizabeth Warren!” Continue reading

A Strange And Disturbing Conversation…

It’s baaaack!

Yesterday I did a pro bono ethics presentation for a local lawyer group. During the lunch, which, as usual in such situations, I never got to eat, I was seated next to a lively, intense, talkative young man, like the rest of my audience, a corporate counsel. The discussion was oddly tentative for a long time, which the lawyer’s body-language suggesting wariness and his verbal choices suggesting unusual care. He was probing for something, and I couldn’t tell what. What was it that they vibe reminded me of? Poker? A job interview? Suddenly I realized what it was: the conversation had the tenor, though not the implied subject matter, of those awkward conversations I recalled from parties and encounters where a new male acquaintance was trying to figure out a) whether I was gay and b) whether, if I wasn’t, he could trust me enough to say that he was.

In this case, however, the young man was probing to see if I hated President Trump. I don’t know which comment of mine put him at ease, but suddenly it all poured out. This lawyer and Haitian-American immigrant was an enthusiastic supporter of the President’s policies and leadership style. Once he was certain that I would not look at him like he was the spawn of Satan for daring to express such a view—which he explained extremely logically and eruditely—we had a fascinating discussion, covering illegal immigration, the news media’s bias, the “resistance,” racism, muscular foreign policy leadership, the 2016 campaign,  and more.

However, the fact that simply expressing support for the elected President of the United States, even limited support, indeed even the absence of affirmative contempt, is considered such a perilous social stance that citizens are afraid to express it among their peers demonstrates the monstrous—I think that’s a fair adjective here—intimidation and speech suppression that has been perpetrated by the Left since the 2016 election. Hate is such a powerful emotion that even when it is unjustified, the threat of it being focused on you now keeps Americans from openly expressing their opinions. This is a thought and attitude control strategy, weaponizing the Cognitive Dissonance scale (above) to achieve power and control. If you have this position, we will hate you. Be warned. The message goes out in a thousand ways, especially on social media, but in face-to-face encounters as well, with family, in the workplace, and in social situations.  Some—I think a surprising number–have the strength to resist it as the unethical compelled political conformity tactic that it is. Still, many capitulate, at least in public.  The tactic is even turned on experts and analysts with integrity as well, as in this Politico essay about Alan Dershowitz, which carries the message that a good liberal should not be making the case that the criminal law is being abused and civil libertarian principles discarded as the Left attempts to undo an election by any means necessary. The effectiveness and intimidating weight of the implied threat of shunning is acknowledged by what one blogger describes as the “Trump Bump”—“that little obligatory hiccup in which the speaker on any given topic must pause to make a pejorative reference to Donald Trump before going on, in order to establish his or her bona fides as a good person. ” Continue reading

Morning Ethics Warm-Up, 5/10/2018: Co-Starring… Twitter!

Good Morning!

(I am grimly soldiering on, despite the horrifying Red Sox loss to the Yankees last night. Duty calls...)

1 From the “Facts don’t matter to Trump, and facts don’t matter to Trump enemies” files:

1) The New York The Times  reported that Secretary of State Pompeo was absent from Washington when Trump announced he was pulling the U.S. out of the nuclear deal with Iran, and framed it as a gaffe, headlining the story, “At a Key Moment, Trump’s Top Diplomat Is Again Thousands of Miles Away.” The paper  knew why Pompeo was absent, though: he was heading to North Korea make sure that three imprisoned Americans got released and returned home without a hitch. The story under the accusatory headline said so.  Pompeo also went to North Korea to arrange a date and venue for Trump’s meeting with Kim Jong Un. And, of course, Pompeo arriving with some of the benefits of Trump’s tough policy toward North Korea was an excellent backdrop for the Iran announcement.

Ethics verdict: bias and misrepresentation.

2) Stormy Daniels attorney Michael Avenatti included transactions by one or more Michael Cohens who have nothing to do with Donald Trump in a report Avenatti released about the President’s personal fixer’s alleged banking transactions. There are already questions being raised about how the lawyer acquired any banking records before legal discovery, but this is just rank incompetence.

3) Yesterday the President tweeted,

“The Fake News is working overtime. Just reported that, despite the tremendous success w”e are having with the economy & all things else, 91% of the Network News about me is negative (Fake). Why do we work so hard in working with the media when it is corrupt? Take away credentials?

Wow. What a mess that tweet is! Continue reading

From The Ethics Alarms “Somebody’s Got To Point This Out, And It Might As Well Be Me” Files: Reserved Parking Space Inflation

I’m not going to complain about handicapped parking at retail stores and malls, even though the privilege is widely abused, and there are usually far too many spaces of the breed. I am pretty tired of watching someone with a handicapped sticker pull into such a space and walk jauntily into a store, but OK, I can see the social utility.

But now that virtue-signaling is the current fad—had I ever found the time to complete last year’s Ethics Alarms Awards, that would have received the “worst trend” prize—establishments are searching for new ways to suck up while dividing us. I have seen “expectant mother” spaces. I just returned from a crowded Harris Teeter parking lot where there were two conspicuously empty “Reserved for Veterans” spaces. (This made me want to dig up my old Ouija board and ask my veteran father in the Great Beyond what he thinks about such a privilege.) Away from the parking games, many automakers now offer rebates or discounts to recent college grads. Continue reading

Morning Ethics Warm-Up, 5/5/2018: “Why We Can’t Have Nice Things” Edition

Good Morning!

(I’m happy to report that my Clarence Darrow ethics program for a lawyer group yesterday in Annapolis was received wonderfully, in no small part due to actor Paul Morella’s moving and powerful recreations of Darrow’s courtroom oratory. As is often the case, attendees said that they didn’t realize a legal ethics presentation could be so interesting. If fact, there is no excuse for any kind of ethics NOT being interesting…)

1. I call this “cultural defacing.” At 10:30 last night, I watched the end of “The Princess Bride,” and was thrilled to arrive just as the final showdown between Ingo Montoya (Mandy Patinkin) and Count Rugen (Christopher Guest). Here is the scene, a classic one, which begins with the Count apparently fatally wounding Inigo with a dagger:

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Inigo advances on Rugen, but stumbles into the table with sudden pain. Rugen attacks, but Inigo parries and rises to his feet again]

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Rugen attacks again, Inigo parries more fiercely, gaining strength]

Inigo Montoya: Hello! My name is Inigo Montoya! You killed my father! Prepare to die!

Count Rugen: Stop saying that!

[Rugen attacks, twice. Inigo avoids and wounds Rugen in both shoulders. Inigo attacks, bellowing:]

Inigo Montoya: HELLO! MY NAME IS INIGO MONTOYA! YOU KILLED MY FATHER! PREPARE TO DIE!

[Inigo corners Count Rugen, knocks his sword aside, and slashes his cheek, giving him a scar just like Inigo’s]

Inigo Montoya: Offer me money.

Count Rugen: Yes!

Inigo Montoya: Power, too, promise me that.

[He slashes his other cheek]

Count Rugen: All that I have and more. Please…

Inigo Montoya: Offer me anything I ask for.

Count Rugen: Anything you want…

[Rugen knocks Inigo’s sword aside and lunges. But Inigo traps his arm and aims his sword at Rugen’s stomach]

Inigo Montoya: I want my father back, you son of a bitch!

[He runs Count Rugen through and shoves him back against the table. Rugen falls to the floor, dead]

Except “you son of a bitch” was cut!

We settled this when the TV showing of “Gone With The Wind” let Clark Gable’s iconic exit line, “Frankly my dear, I don’t give a damn” remain uncensored, and later,when John Wayne as Rooster Cogburn uttered the words, “Fill your hand, you son of a bitch!” before charging Ned Pepper and his gang. It is unfair and disrespectful to wreck the best work of writers and actors for the few remaining people on earth who take to their fainting couches when rude language meets their ears. You don’t edit Rhett, or Rooster, or Inigo, or even John McLane when he says, “Yippee ki yay, mother fucker!” Show the movie, or don’t show the movie, but don’t ruin the movie for the most easily offended in the audience. Continue reading