Morning Ethics Warm-Up, 9/11/17: Irma and Climate Change Hype; Democrats And Anti-Catholic Hypocrisy

Good Morning!

1 I’m in Boston to address a group of new admittees to the Massachusetts bar today.

2. Broadcast journalists were surprisingly restrained with Harvey, but the second major hurricane in less than two weeks is apparently too much for them, as it is for other climate change shills on social media and elsewhere (I’m looking at YOU, Jennifer Lawrence…which, I admit, isn’t all that unpleasant…)

Thus I am hearing (and reading) more and more claims that Hurricane Irma on top of Hurricane Harvey is the result of the nation’s failure to aggressively limit carbon emissions…as if two (or more) big storms in hurricane season is unprecedented, and didn’t, in fact, occur far more frequently when Al Gore was knee-high to a grasshopper. What does the cynical use of the 2017 storms as propaganda for the gullible and weak-minded tell us?

It tells us that the journalists don’t know beans about climate, weather and the science of global warming. It shows us that they are willing to mislead the public out of dishonesty, bias or incompetence, by spreading what amounts to junk science regarding an important policy issue. It tells us that they can’t resist using their position as reporters to boost what is for them a political agenda, for not one of them has first hand knowledge or genuine expertise regarding whether the earth is warming, how much, for how long, to what effect, and what will actually slow it down, and very, very few of them could explain a climate change model if their lives depended on it.

Finally, it tells us they are stupid. Every time it becomes obvious that the news media, elected officials and others are hyping this issue by using weather as an argument that climate change is occurring, they make skeptics more skeptical, and justly so. When advocates and activists resort to phony arguments and fake facts, it is  fair to assume that they don’t have sufficiently persuasive actual facts, and that they cannot be trusted not to cheat to get their way. Continue reading →

Comment Of The Day: “Race-Baiting Click-Bait At The Daily Beast”

Ethics Alarms commenter Mrs. Q has proven herself the master of blending personal experience with ethical analysis, and we are blessed with another example of her best work, a Comment of the Day on the recent post about a Daily Beast editor’s attack on Russian tennis star Maria Sharapova. Here she enlightens us from her perspective on confirmation bias, and its current damaging effects on public discourse and independent thought.

Here is Mrs. Q’s Comment of the Day on the post, Race-Biting Click-Bait At The Daily Beast:

What’s going on here is total BS in the form of Mr. Madison’s racism, not Sharapova’s. Clearly he conflated the very correct description of Williams body, with that of ….? I suspect the real story is this guy feels traumatized that everyone else is a racist when I bet if he looked in the mirror, he’d discover we all have prejudices and it’s part of what creates a society that forgives one another.

Back in the day primitive shamans used rituals to hypnotize victims into fear and trauma. Having been a Social Studies major and Women’s Studies minor, I must say, in a way, being a minority, especially brown and queer, is wild at a liberal arts school. Every day was a new trauma of story after story about how terrible America is. Before kids chanted “cultural appropriation” today, I was doing it when I saw Mohawks, African masks, and whatever else displeased my social justice blood thirst. One day I couldn’t take another class in exploring my own oppression. I needed to go live and set my mind free of the prejudices I came to have against whites, men, heterosexuals, etc. I just couldn’t wear myself and others out with indignant anger anymore.

When my wife and I; an interracial same-sex married couple, go traveling, we love to go to small towns and rural areas. Only liberals say to us “why would you go to X with all those rednecks?” People who have bumper stickers that say “Co-exist” or “Love is Love” will say to us “aren’t you scared to be around those Republicans with guns?” Every time we visit a place like rural Montana, Eastern Oregon, or all of Idaho, we meet the most friendly people. Those who we can tell aren’t abiding by the ‘Worship Diversity’ religion just treat us as anyone else and mind their business. It’s SO MUCH BETTER than being pandered to constantly in the city by Saint Social and Friar Justice. Continue reading →

The “Unacceptable Word” Fiasco: OK, Now I Really Want To Know How Many Progressives Seriously Endorse Stuff Like This?

I just received an email from the Democratic National Committee urging me to protest Betsy DeVos’s (completely valid and overdue) withdrawal of the “Dear Colleague Letter” by which the Obama Department of Education pressured universities into dispensing with due process when a male student is accused of sexual assault. “Tell Trump and DeVos not to undo President Obama’s policies to combat sexual assault on campus!” it bleats. The e-mail blast (if I ever find out who put me on this list, there will be blood), quotes DeVos, as if this advances their case, as saying, “If everything is harassment, then nothing is harassment.”

The Education Secretary was exactly right, and a story today from Reason shows why.

Joshua Zale, a student at Moraine Valley Community College, was asked by his drama instructor to play a pimp asking for money from another student, playing the role of a prostitute in an improvisation exercise. Improvisation means that the actors work without a script. In the process of the improv, Zale used an “unacceptable word” according to the instructor, who was apparently improvising the role of a fool. The teacher immediately reprimanded Zale, who later insisted on a private meeting to learn why he had been attackedfor using a word he felt was consistent with  the role he had been assigned.  Assistant Dean Lisa Kelsay subsequently accused  Zale of violating Title IX—the weapon of choice in the “Dear Colleague Letter”—and school conduct policies by sexually harassing his acting partner “as a woman.”

No one has yet divulged what this “unacceptable” word was. I have taught improvisation. I am a pretty creative guy, with a fairly extensive vocabulary. I cannot imagine any word, from Pneumonoultramicroscopicsilicovolcanoconiosis to supercalifragilisticexpialidocious to Bill Maher’s favorite, cunt, to “penis breath,” uttered by a child in the opening minutes of “E.T.”, that would be “inappropriate” in an improv, especially in a scene involving a sex worker and a pimp.

As you know, ethics stories often remind me of TV shows and movies. This one (see the video clip above)  reminds me of a famous “MASH” episode, “The General Flipped At Dawn,” in which Harry Morgan, later to play lovable, crusty old Col. Potter, played an insane general. Reviewing the MASH squad, he asks Radar, “Where are you from, son?” Radar answers, “Iowa, sir..” only to have the General scream, “NO TALKING IN RANKS!!!!”

Maybe the improv instructor, Craig Rosen, flipped too. That would be an excuse, at least. But how do you explain the Assistant Dean? Continue reading →

Foundation For Individual Rights In Education (The FIRE) Report: America’s Top Universities Deny Students Fair Hearings

(If you don’t know what this photo has to do with the FIRE report, you haven’t been paying attention…)

The FIRE, the heroic non-partisan non-profit that is dedicated to fighting restrictions on student speech, expression and other civil rights, has issued an important report showing how badly respect for Constitutionally guaranteed rights eroded during the Obama Administration’s embrace of the “war on women” narrative and radical feminist propaganda regarding the “rape culture” at American universities. From the press release:

“Spotlight on Due Process 2017” surveyed 53 of America’s top universities and found that a shocking 85 percent of schools receive a D or F grade for not ensuring due process rights. The schools were judged based on whether they guarantee those accused of campus misconduct 10 core elements of fair procedure, including adequate written notice of the allegations, the presumption of innocence, and the right to cross-examine all witnesses and accusers. FIRE awarded each institutional policy a grade based on how many of those elements it guaranteed.

“Most people will probably be surprised to learn that students are routinely expelled from college without so much as a hearing,” said Samantha Harris, FIRE’s vice president of policy research. “This report should be a huge red flag to students, parents, legislators, and the general public that an accused student’s academic and professional future often hinges on little more than the whim of college administrators.”

FIRE’s report found that 74 percent of top universities do not even guarantee accused students the right to be presumed innocent until proven guilty. Making matters still more unjust, fewer than half of schools reviewed (47 percent) require that fact-finders — the institution’s version of judge and/or jury — be impartial.

Additionally, 68 percent of institutions fail to consistently provide students a meaningful opportunity to cross-examine their accusers or the witnesses against them — despite the fact that the Supreme Court has called cross-examination the “greatest legal engine ever invented for the discovery of truth.”

Most universities try students under one set of procedures for sexual misconduct, and an entirely different set of procedures for all other offenses. Of the 49 institutions in the report that maintain separate policies for sexual and non-sexual misconduct, 57 percent grant students fewer procedural protections in sexual misconduct cases — even when those cases allege criminal behavior. Troublingly, 79 percent of top universities receive a D or F for failing to protect the due process rights of students accused of sexual misconduct….

The report later says that not one institution covered by the study received the top grade. Continue reading →

“U.S. Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday #2: The Ol’ Miss Banana Peel Saga

Honestly, I thought this was a hoax story. I still hope it might be, and if it isn’t, it should be. If it is true, the episode all by itself is signature significance proving that the U.S. race problem has turned into cultural insanity.

Last weekend, leaders from the University of Mississippi’s Greek Life group held  a three-day at Camp Hopewell in Lafayette County, designed to “build leaders and bring the campus closer together.” It went spectacular wrong as a result of a banana peel. It really did.

The group included student members of the Panhellenic Council, the National Pan-Hellenic Council and the Interfraternity Council. The retreat was organized by Fraternity and Sorority Life and the national group IMPACT,  a campus-based leadership institute designed to foster improved relationships among campus leaders through such events. Saturday morning, the participants ate breakfast together, and the breakfast options included various fruit, including bananas. Breakfast was followed by a discussion session on race relations at Ole Miss.

Shortly thereafter, three students noticed a banana peel in a tree. This was taken as intentional racist symbolism. and the rest of the day was occupied by heated debate regarded racist symbols. Senior accounting major Ryan Swanson eventually stood up and admitted that he put the banana peel in the tree when he could not find a trash receptacle nearby.

[Aside: I once did exactly the same thing on a Boy Scout hike.]

Never mind. It didn’t matter that this was not a racist act. The banana peel continued to be the focus of intense debate.  Like a good social justice patsy, Swanson fell on his sword. “I want to sincerely apologize for the events that took place this past weekend,” Swanson told the college paper afterwards. “Although unintentional, there is no excuse for the pain that was caused to members of our community.” Continue reading →

Another Harvey Ethics Quiz On Looting….

The comments on the Ethics Quiz on shooting looters was edifying. Now let’s examine the question of “legal looting,” according to a Yale Law School professor.

In a post for Bloomberg, Stephen L. Carter argues that “Peacefully taking what you need from a supermarket isn’t the same as looting.” he writes in part,

Should we conclude that people taking food from an empty store during an emergency are not committing a crime? That’s exactly what we should conclude — they are not lawbreakers — but it’s important that we understand exactly why.

Let’s start by considering our own instincts. If I were trapped and my family was starving, I would grab the food; I suspect most readers would too. Already our instincts tell us, then, that the moral situation in which we find ourselves is different when a disaster has struck. I believe, very deeply, in the importance of strong property rules. In an emergency, however, we should interpret the rules differently…. A well-known example in the Model Penal Code posits a hiker who, trapped by a blizzard, breaks into a cabin and eats the food to survive. The hiker has taken both food and shelter without the permission of the owner. By choosing to violate a property rule rather than starve to death or die of exposure, the hiker has selected the lesser of two evils. This is one form of the defense known as “necessity,” and is generally considered to mean that there is no crime.

(You need to read the whole post to fairly consider Carter’s argument.)

Your Ethics Alarms Hurricane Harvey Ethics Quiz of the Day is…

Is looting an abandoned supermarket for food still a crime?

Continue reading →

From The “Didn’t I Tell You To Stop Making Me Defend President Trump?” Files, An Ethics Alarms Popeye: More On The Joe Arpaio Pardon

I would prefer not to keep talking about the Joe Arpaio pardon, but the news media and the “resistance” won’t let the pardon go, because in the absence of anything legitimate giving them cause to scream for an impeachment, they have to latch on to whatever they can. So this is a Popeye: I’m writing it because, as the spinach-living cartoon sailor would say, “That’s all I can stands, cuz I can’t stands no more!”

Oh, before I forget: here’s what the Southern Poverty Law Center says about the pardon:

“By pardoning Joe Arpaio, President Trump has demonstrated his contempt for the rule of law and the racism at the core of his agenda. Arpaio, a Trump favorite on the campaign trail, is the former sheriff of Maricopa County, Arizona. He was convicted of criminal contempt of court for intentionally violating a federal court order prohibiting racial profiling. As a result of President Trump’s pardon, Arpaio will never be held accountable for his unconstitutional conduct.”

Following this logic, by pardoning drug dealers President Obama proved that at heart, he is a drug dealer. By pardoning Chelsea Manning, President Obama proved that sharing classified information with our enemies is at the core of his agenda. This is a “law center”  including such tripe on its website? It sounds like the legally ignorant accusation often made against defense lawyers (like Hillary Clinton) that they endorse the crimes, motives and values of their clients.

In a front page article on Sunday, the New York Times tried to break its own record for desperately trying to make a case for Presidential wrongdoing while still stating the undeniable fact that no wrongdoing had occurred:

  • The Times states, correctly, “that there is nothing in the text of the Constitution’s pardons clause to suggest that [Trump] exceeded his authority.” But it tracks down yet another law professor who has allowed the anti-Trump brain virus to swallow his integrity. Noah Feldman, a law professor at Harvard, claimed that pardoning Arpaio “would express presidential contempt for the Constitution.”

Good thinking. The President expressed contempt for the Constitution by engaging in an action described and enacted in the Constitution. A better argument, though still unfair, would be that President Obama was expressing contempt for the Constitution by not using its pardon power provision even once within his first 400 days in office.

  • More from the Professor: “Arpaio didn’t just violate a law passed by Congress…His actions defied the Constitution itself, the bedrock of the entire system of government.” Yes, and so what? If that same document gives the President an open-ended power to forgive any crime, and it does, then this is just huffing and puffing.

All Feldman is saying is that he doesn’t believe that Arpaio’s particular crime should be pardoned. When you’re President, Professor, by all means let that standard be your guide.

  • By saying Mr. Arpaio’s offense was forgivable, Professor Feldman added, Mr. Trump threatens “the very structure on which his right to pardon is based.”

Note to  Professor Feldman: Get help. The reason the President has unlimited pardon power is because, in the view of the Constitution’s authors, any offense IS forgivable. Presidents have pardoned traitors, those who have killed American citizens. They have pardoned terrorists, and a President of the United States who plotted to subvert justice and our democracy itself. No Harvard Law professor has made the claim that any of those offenses were unpardonable (that is, literally, unforgivable). Why is that? Well, a) Trump is special and doesn’t deserves to be judged by the same standards as other Presidents, and b) the Left hates Arpaio beyond all proportion, because of his opposition to illegal immigration.

  • The Times writes, “It was the first act of outright defiance against the judiciary by a president who has not been shy about criticizing federal judges who ruled against his businesses and policies.” If this pardon is “outright defiance against the judiciary,” then most pardons are. Almost all pardons erase a judicial sentence or verdict.

This is misleading, biased, inflammatory, unethical journalism.

  • The Times writes,

“Mr. Trump could pardon any of the subjects of the special counsel’s Russia inquiry, though some legal specialists believe he could increase his risk of prosecution if he is seen as abusing his pardon power.Were Mr. Trump to announce that he has pardoned himself, impeachment would remain possible. A prosecutor might also test the limits of the pardon power by indicting Mr. Trump notwithstanding such an announcement. That clash could lead the Supreme Court to weigh in on the limits of the president’s power to spare himself from punishment for criminal wrongdoing.”

This story has nothing to do with impeachment! No evidence has been found that suggests the President has committed any impeachable acts. The Times story is about the Joe Arpaio pardon. How can the Times justify suddenly piling tangential hypothetical on top of tangential hypotheticals in this article to get to a scenario where the Supreme Court has to determine whether President Trump can pardon himself for crimes as yet unalleged and undiscovered? Well, the reporter is Adam Liptak, the epitome of what Instapundit calls “Democratic operatives with bylines.” He’s not reporting here; he’s promoting a nakedly partisan narrative. Continue reading →

Professor Volokh’s Ethics Dissent On The Vicious, Pazuzu-Blaming Professor’s Firing

‘Yes, I know he’s an idiot, but we should support idiots as highly paid teachers of our children, for the protection of the non-idiots…‘

Eugene Volokh is one of the best and most objective legal minds in the country. If he finds himself on the Supreme Court when Kennedy retires or Ginsberg shuffles off this mortal coil, we will not have suffered through the ugliness of the Trump years in vain. When he opines, I listen, as we all should, and he has now opined regarding the now fired idiot that I wrote about this morning, ex-University of Tampa visiting sociology professor Ken Storey.

Storey used Twitter, in the middle of the still-unfolding human disaster in Houston and soon New Orleans, to announce that flooding victims who were Trump supporters or Republicans deserved to die. He did this twice, so his later claim that his words did not intentionally convey what his words were obviously intended to convey was a desperate and obvious lie.

I wrote:

The university or college that fires an employee like Storey is protecting its reputation as a responsible institution, by stating in clear terms that people with terrible judgment and cruel and unethical instincts who are motivated by hate and intolerance are not qualified to teach….because they aren’t. That professors increasingly have no ethics alarms beeping when the prepare to publish sentiments like Storey’s (or worse) shows how thoroughly the leftist echo chambers of most campus faculties turn academics into Pat Robertson, which is to say, rigid, mean, and dumb. Once upon a time, liberals giggled themselves silly over the evangelical huckster’s periodic pronouncement about how a disaster was God’s way of punishing the U.S. for not abusing gays sufficiently, or similar bile, Now they do the same thing, and expect their colleagues and students to applaud.

Today, in the Washington Post, Professor Volokh advocates a different position:

Storey’s comments were nasty and mean-spirited; and I should note that the University of Tampa is a private university, in a state that doesn’t limit private employers’ ability to fire employees for their speech. The university’s actions thus seem legal (assuming they didn’t breach any contract). And Storey’s comments also weren’t academic or likely to be part of a serious political debate.

But the university’s action strikes me as further undermining the freedom of expression and debate at American universities, including the freedom to say things that are much more thoughtful. If you were an untenured faculty member at the University of Tampa, would you feel free to express your views on controversial subjects, when you saw how the university reacted to this tweet? Even if your views were very different politically, what do you think the University would do if people started pressuring for your dismissal, pointing to the Storey incident as precedent?

I’ve talked before about “censorship envy,” one mechanism through which these sorts of speech restrictions can grow: “If my neighbor — and especially my political adversary — gets to ban speech he reviles,” the thinking goes, “why shouldn’t I get to do the same?”

If a university has a strong policy of protecting speech, including offensive speech, administrators can point to that policy as a means of resisting calls for firing a controversial faculty member, and they can appeal to people’s desire to see speakers on their own side protected, and use that desire to help protect speakers on all sides. But once the university starts firing some people for speech “that do[es] not reflect [the university’s] community views or values,” that makes it much harder to resist calls for more suppression. Indeed, at that point tolerating speech starts implicitly conveying the message that the speech does reflect the university’s community views or values — and to avoid that implication, the university would have to fire any speaker who offended some sufficiently influential constituency.

I am very confident that in this rare case, Prof. Volokh is dead wrong. Continue reading →

Morning Ethics Warm-Up, 8/30/17: A Vicious Professor, Pazuzu, And Kathy Griffin Revokes Her Apology

[ Just to remind you how good Debbie, Gene and Donald were. Note that these dancers skipped the staircase..]

GOOD Morning…

I’m changing the Warm-Up headlines to reflect the topics covered. I may even go back and revise the old headlines. It took a while, but I realized that having dozens of essentially identical post titles with only a date as the distinction made archive research harder than it had to be.

1.I would have headlined the story of now fired visiting University of Tampa professor Ken Storey “Vicious, bigoted and possessed by the Demon Pazuzu is no way to go through academia, son,” but so many professors have used social media to make outrageous and offensive statements that the ethics issue is getting repetitious. (I think Jonathan Turley has done a post on each one of them, and will continue to on his blog.)

The question is whether a college or university is breaching its commitment to free expression and academic freedom when it fires a professor who says that all men are rapists, or that whites should be exterminated, or, in Storey’s case,

When asked later if this theory also applied to Florida,  and Trump supporters there deserved a similar fate.the Florida college professor replied,

“Yep, those who voted for him here deserve it as well.”

The answer is no. The university or college that fires an employee like Storey is protecting its reputation as a responsible institution, by stating in clear terms that people with terrible judgment and cruel and unethical instincts who are motivated by hate and intolerance are not qualified to teach….because they aren’t. That professors increasingly have no ethics alarms beeping when the prepare to publish sentiments like Storey’s (or worse) shows how thoroughly the leftist echo chambers of most campus faculties turn academics into Pat Robertson, which is to say, rigid, mean, and dumb. Once upon a time, liberals giggled themselves silly over the evangelical huckster’s periodic pronouncement about how a disaster was God’s way of punishing the U.S. for not abusing gays sufficiently, or similar bile, Now they do the same thing, and expect their colleagues and students to applaud.

Ken compounded his ethical offense by the standards of Ethics Alarms by issuing a terrible apology that evoked the Pazuzu excuse. Realizing that he had gone too far, he tweeted,

“I deeply regret a statement I posted yesterday. I never meant to wish ill will upon any group. I hope all affected by Harvey recover quickly.”

Translation: “Oops. My hateful expression of glee over the tragedy afflicting Texans seems to have put my job in jeopardy. I regret that, so I have pulled down my tweet and am pretending to be sorry. I never meant to wish ill will upon any group, even though somehow my tweet wished ill on a group in the clearest terms, and I doubled down on it. Someone or something else must have been responsible. I hope all affected by Harvey recover quickly. (Saying that will let me keep my job, right?)”

This is a #10 apology on the Ethics Alarms Apology Scale, the worst there is:

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.

Storey was fired.

Good.

2. Speaking of phony apologies, Kathy Griffin, she of the Bloody Head, went all the way to Australia to reveal that she really isn’t sorry about representing that the beheading of a U.S. President is hilarious: Continue reading →

Morning Ethics Warm-Up: 8/26/17

Good Morning!

(My Dad was from Kentucky. He couldn’t stand Tom T. Hall…or Mitch McConnell)

1. I have been working on a legal ethics seminar for lawyers who represent seniors (I was told that the politically correct term among the groups was “older clients.” Older than what?) It is one of those areas of the law in which the usual ethics rules don’t work very well, or sometimes not at all. This anomaly requires a lawyer practicing in the field to be ready to embrace the Ethics Incompleteness Principle: to violate the letter of the professional ethics rules in the best interests of the client. For example, what does a lawyer do whose aging client lives with a son or daughter, and the lawyers sees signs of elder abuse? When the lawyer asks the client, he makes various excuses for his caretakers, and finally says that while he has been abused, it’s not serious and will only get worse if the lawyer says or does anything in response to it. Now what? The fact of the abuse, under the usual construction of the rules, is a confidence controlled by the client.

The emerging consensus is that the lawyer can ethically use the exception to confidentiality that allows an attorney to reveal a client confidence to prevent death or serious bodily injury to a “third party,” the client becoming “the third party” for his own protection.

2. A federal lawsuit was filed last week alleging that a Tennessee judge and sheriff violated inmates’ constitutional rights by instituting a program offering reduced jail time for criminals who agree to undergo vasectomies or get contraceptive implants. The suit claims the White County program amounted to “eugenics with a twist.” I don’t think it’s much of a twist; I’d say it’s eugenics, straight up. I’d assume CBS will love it: after all, eliminating criminal types is even better than eradicating Down Syndrome babies. Isn’t it?

3. Lots of people sent me this horrible story, about the cheerleader camp at a Denver area high school where young girls were being forced to do splits (it hurts me even thinking about doing splits) , with the camp’s instructor shown in a leaked video pushing down on the shoulders of a 13-year-old as she screamed for him to stop.

Boy, there is a lot of child abuse out there.

The Denver Board of Education said in a statement: “As the elected representatives for Denver Public Schools — and as the moms, dads and family members of D.P.S. students ourselves — we are deeply disturbed by the videos of cheer practices at East High School that came to our attention yesterday.”

Gee, it’s good to know that you are all disturbed that children are being tortured at schools that you are supposed to be overseeing.. This must mean you are competently doing your jobs. No, actually it doesn’t

“As the investigation continues,’’ it states, “our focus must be entirely on our students, families and educators.”

The school superintendent also said: “We have sent notification to our athletic directors emphasizing that D.P.S. does not allow the use of ‘forced splits’ or any other activity that puts a student’s physical or mental health at risk, or in which a student is forced to perform an exercise beyond the point at which they express their desire to stop.”

An Ethics Alarms note to that school system: Any athletic directors who have to be reminded that abusing children in their care, and continuing to make them perform painful acts after they have said that they don’t want to, is not something they should be doing shouldn’t be employed in the first place. Continue reading →