Mid-Day Ethics Madness, 8/19/2020: Susan B., Fauxahontas, Utah…And “Gordie”

When I was looking through the 2012 posts yesterday, ultimately stumbling upon the long discourse about Barack Obama’s disastrous Presidency, I was struck by how, even in an election year, so many non-political ethics issues were discussed here. This is something that was already driving me crazy about 2020. Thanks to the pandemic, there is virtually no popular culture news. Legal ethics news is drastically reduced, as are reports from other sectors of society and culture. In this warped environment, politics spreads like kudzu, or killer bees, or snakeheads—you can choose your favorite invasive species or opportunistic organism analogy. I’m trying, I swear, but my over-all impression looking back on 2012 is that writing, and I presume reading, an ethics commentary blog was a lot more fun.

I’m sorry.

1. Today’s rejected Ethics Alarms comment comes from “Gordie,” was opining on the post on Ellen De Generis’s late hit accuser. He wrote,

Ellen was an a$$ to this boy and shes paying for it now. All you lip huggers need to wake TFU and rejoice when you hear truth no matter how unsavory or unpalatable you find it. Be a bully, get bullied. Dont you all see that Karma train pullin up? And with enough hands to slap every butt as it goes on by toot toot

Observations:

  • Welcome to my world. This is why so few new voices are added to the commentariat here.
  • Does anyone know what a “lip-hugger” is?
  • Tells in the comment that let us know the writer can’t tell an ethics from fuzzy slipper: mentioning “karma,” and the statement, “Be a bully, get bullied.”

2. Here is some non-political legal ethics news, and it’s important, if technical.

Before this week, only the District of Columbia, where I am licensed, allows non-lawyers to be partners in law firms. The majority position in the profession is that non-lawyers inevitably have a different alignment of values from the legally trained, and thus are not likely to be as sensitive to duties to clients, like confidentiality, and conflicts of interest. Pure “investors” are also banned from buying a share of law firm profits, because they are deemed likely to be governed by financial needs and motives rather than the best interests of clients.

When the D.C. bar decided to break the mold decades ago, everyone assumed that other jurisdictions would follow its lead, and soon doctors, engineers, scholars and accountants, among others, would be joining firms and allowing them to add new services. (Europe and Australia already allow  such “multidisciplinary firms.”) It didn’t happen.

Now, however, the dominoes might be starting to fall.  From the ABA Journal: Continue reading

Monday Ethics Mixture, 8/17/2020: Let’s See What I Can Concoct Today…

1. Is this fair? Houston-based freelance photographer Bill Baptist shared a meme on his Facebook page that parodied the Biden-Harris campaign logo. It read, “Joe and the Hoe.”

Former WNBA star Sheryl Swopes saw Baptist’s post, shared it on her own timeline and demanded that the NBA to fire the photographer. So he was fired. Baptiste tried the inevitable grovel, writing,

“I deeply regret posting on my Facebook page a phrase that I saw and copied from others as a sample of some people’s reactions to Biden’s selection of Senator Harris as his choice for VP. The phrase I posted does not reflect my personal views at all. I should not have been so insensitive to post the statements by others. I sincerely apologize to all of those who have rightfully been offended and I have taken the post down from my FB page. It was a horrible mistake on my part.”

It didn’t save his job.

Observations:

  • Does sharing a tweet or a meme necessarily mean “I agree with this”? Can’t it mean, “Look at this”?
  • What kind of person actively seeks to have people fired for words or conduct that have nothing to do with their jobs? My answer: cruel people.
  • In this episode, Sheryl Swopes showed herself to be  a worse human being than the photographer.
  • Kamala Harris  exploited a sexual relationship with power-broker Willie Brown to advance in her career.  The meme could be considered legitimate satire if she were white. Is it illegitimate because she is sort of black?

2. And the Ed Wood Award goes to...The Orpheum Theater in Memphis. Ed Wood, bonkers director of such camp classics as “Plan Nine From Outer Space,” was creative, courageous, indefatigable, and passionate.  He was also completely incompetent, and not smart enough to realize it.  That brings us to the Orpheum, which installed a nine-hole miniature golf course on its stage to  create a revenue stream during the pandemic. Continue reading

Censorship, Indoctrination And Intimidation Watch, Part 2

In Part I, I discussed an example of an individual being fired for his expression of an unpopular political opinion on a personal platform. As I mentioned there, this is a recent phenomenon of great concern to Constitutional Law Professor Jonathan Turley. as expressed on his blog and elsewhere, such as his recent testimony in the Senate about the erosion of free speech and academic freedom in  universities . The Ethics Alarms post was originally supposed to highlight examples of this ominous phenomenon highlighted by Turley, and then events overcame both Turley and Ethics Alarms, as another egregious example  arose that Turley hadn’t yet covered.

Since I offered Part I, Turley’s assault on institutions intimidating individuals based on the content of their speech continued. Here, he objected to Dartmouth’s faculty and student body attempting to silence the Dartmouth Review, and independent campus newspaper that has been a voice from the Right on the liberal campus for decades. He wrote in part,

[O]ver 1000 students and faculty members have signed a letter to the Dartmouth Board of Trustees to disassociate the school from the conservative student newspaper, the Dartmouth Review. The letter accuses the newspaper of “hateful ideologies” and “racist” columns, including one cited column objecting to the careless use of the word “racist.” … [T]he reason stated by the organizers to move against the newspaper [was] in part because of a recent controversy involving an alumni who resigned from Fox News…the organizers admit that they decided to move against the newspaper as a way to responding to the controversy surrounding the resignation of a Fox producer with Tucker Carlson. Blake Neff is a 2013 graduate of Dartmouth and Review alumni. He was found to have written a series of bigoted anonymous comments.

…. [T]he idea of the letter to force the Board to prove its antiracism by attacking the newspaper, which had no role in Neff’s misconduct:  “We thought, how can the senior leadership of Dartmouth, President Hanlon and the trustees write this letter to every member of the community, and then continue in silent complicity with a publication that since its inception has consistently been an incubator of racist hate and white supremacy?”

…The failure [to] actively target the newspaper is now viewed as de facto tolerance for racism even after the school issued a letter proclaiming its support for Black Lives Matter.

…As a blog committed to free speech issues, the concern over this controversy is obvious. There are routinely over-heated rhetoric in college newspapers including many reckless statements from faculty and students on the left. We have defended many of those speakers and writers.  However, the first response of many Dartmouth graduates to the Neff story was to seek to attack the leading conservative newspaper on campus in part for its prior association with Neff.

… What is being lost in such moves is the diversity of thought on campus…. they are seeking to pressure the university to marginalize students who want to participate in these debates from a conservative viewpoint.

Continue reading

Open Forum On Zoom Day!

Ugh. I have a Zoom seminar  on legal ethics to give today, which means dry runs, tech checks, and anxiety. I’ve concluded that I detest Zoom programs. You can’t read your audience, and for all I know they are doing crossword puzzles. Managing notes is awkward, graphics don’t look very good, and neither do I.

I  intend to be pantless as my silent protest against the whole fiasco.

Since I have no idea how and when posts will be emanating from 2707 Westminster Place, I’m opening up another Open Forum. As always, keep your commentary on topic (ethics and leadership), civil, witty, and substantive.

Now I’m going to review my notes…

Afternoon Ethics Afterthoughts, 8/14/2020: The Great Stupid, And Other Problems

MAD-ness! MAD-ness!

1. This isn’t stupid, it’s just disturbing. Kevin Clinesmith, a top FBI lawyer who fabricated evidence in the federal  warrant used to spy on the  Trump campaign through Carter Page will plead guilty to federal charges brought by U.S. Attorney John Durham.  His plea will  admit to deliberately fabricating evidence in a Foreign Intelligence Surveillance Act warrant application. 

Clinesmith is the first individual to be charged as part of U.S. Attorney John Durham’s investigation into the efforts  to spy on the Trump campaign and Trump administration. Both Durham and Attorney General William Barr have stated that they had reason to believe the entire investigation of the President, which allegedly began in late July of 2016, was illicit and unjustified.

Expect the news media, in collaboration with Democrats, to bury, spin, deny and otherwise attempt to mitigate the sinister implications of this development, and those to follow. Continue reading

Is Senator Harris Technically A Natural Born Citizen? At This Point, What Difference Does It Make? [Corrected and Updated]

(That’s the late, great Professor Irwin Corey, a famous walking, double-talking comedy spoof of professors. His theories are approximately as valuable as the topic of this post.)

Chapman University constitutional law professor John Eastman has a controversial essay in  Newsweek analyzing whether Sen. Kamala Harris is eligible to become Vice president (or <cough> President) since her parents may not have been U.S. citizens when she was born.

Eastman’s theory is that the Twelfth Amendment’s language saying “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States” combined with Article II of the Constitution’s requirement that  “[n]o person except a natural born citizen…shall be eligible to the office of President” raises legitimate questions about Harris’ eligibility.

Harris’s father and mother were born outside of the United States and neither was a naturalized citizen at the time of Harris’s birth in Oakland, California. (I did not know that! Did you know that Pat Venditte was the first Major League pitcher who regularly throws both right-handed and left-handed? ) If, Eastman, claims, Harris’s parents were not lawful permanent residents at the time of her birth, then she isn’t a natural born citizen.  Along with a minority among constitutional scholars, Eastman believes the 14th Amendment doesn’t say that all persons born in the U.S. are citizens. It says that ‘[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof’ are citizens. Just because one is born in the United States, these contrarians argue,  doesn’t mean that individual has ‘subjected’ himself ‘to the jurisdiction’ of the United States. Under this theory,  the children of tourists, diplomats, and illegal aliens are not “natural born” citizens.

What an interesting theory! And, like so many things academics and scholars put into print to gain fame, notoriety, and publishing deals, it is one that is completely pointless at this time in history. Eastman’s theory has not been adopted by the United States or used to determine citizenship, so the current interpretation that if you are born here, you’re a “natural born” citizen, is the law by tradition and practice. Nevertheless, conservative media is having a ball with this foolishness. “Kamala Harris was an Anchor Baby” says a headline I saw today. So WHAT??? There is so much wrong with Kamala Harris, and she is such an awful candidate for so many other reasons, why is anyone focusing on a dead letter technicality?

There is nothing wrong with a scholar claiming that we’ve been doing it wrong all this time, but there is a lot wrong with making that argument in the middle of a Presidential campaign. I get it: the presence of Harris on the Democratic ticket makes an arcane legal theory suddenly newsworthy,  Chapman, however, is chasing personal fame at the cost of promoting needless distrust and uncertainty into a national election, as if we didn’t have too much of both already. Continue reading

Now THIS Is The Streisand Syndrome: The Strange Saga Of Professor Bruce Hay

You have to go to the links; I can’t do justice to this story without giggling. Primarily, I want to highlight this epic mess because it’s the best example of the Streisand Effect ever, a situation where an attempt to seek redress for an alleged smear brings more publicity to negative details about the supposed victim far beyond  anything the original conduct could have. To make the fiasco more juicy still, here is a Harvard Law professor revealing himself as an utter fool, and engaging in a frivolous—that is, unethical— attempt to use “sexual harassment” to apply to “you used your feminine whiles to manipulate me, and I fell for it.”

Sexual harassment doesn’t mean that.

The hilariously baroque story involves… Continue reading

Lunchtime Ethics Warm-Up, 8/11/2020: The “Preparing To Welcome A New Dog” Edition

My wife and I will finally be welcoming a new dog into the family tomorrow. It’s been more than a year since we lost Rugby, and it was time–for me, way past time. We met “Spuds” yesterday, who was being cared for by a wonderful woman who rescues and fosters abused and neglected dogs. Poor Spuds was given up to one rescue organization by his owner as a puppy, then adopted by a horrible woman who kept him in a tiny room and seldom fed him. A month ago, when he was removed from this monster’s home, he was about 20 pound underweight and suffering from malnutrition. You wouldn’t know it to meet him. Spuds is all white with a brown spot over one eye and flip-over ears, obviously some kind of pitbull-terrier mix.  He’s 2 and a half year’s old, and, incredibly, trusting and eager to make friends with all dogs and people. He still has some rehabilitation to go through, but he’s a lively, athletic, loving dog with a sweet temperament, almost Rugby-like, but twice the size. Perfect.

1. “Nah, teachers aren’t out to indoctrinate children!”  Matthew Kay, who teaches English at Philadelphia’s Science Leadership Academy, wrote on Twitter that he is concerned about parents over-hearing their children’s Zoomed instruction from teachers like him:

“So, this fall, virtual class discussion will have many potential spectators — parents, siblings, etc. — in the same room. We’ll never be quite sure who is overhearing the discourse. What does this do for our equity/inclusion work? How much have students depended on the (somewhat) secure barriers of our physical classrooms to encourage vulnerability? How many of us have installed some version of ‘what happens here stays here’ to help this? While conversations about race are in my wheelhouse, and remain a concern in this no-walls environment — I am most intrigued by the damage that ‘helicopter/snowplow’ parents can do in the host conversations about gender/sexuality.” And while ‘conservative’ parents are my chief concern — I know that the damage can come from the left too. If we are engaged in the messy work of destabilizing a kid’s racism or homophobia or transphobia — how much do we want their classmates’ parents piling on?”

I have long advocated parents auditing their child’s classes just to prevent the kind of “teaching” Kay apparently engages in. It’s a basic tenet of practical ethics that if someone is a afraid of conduct becoming known, they know what the are doing is wrong, or may be viewed as wrong. Teachers have no justification for hiding the content of their classes from parents.

When Kay’s sinister comments prompted what should have been predictable criticism, he made his Twitter account private. Of course he did.

2. I saw this, thought it was too silly for words, then reader Michael sent me a link, and now I have to flag it.   I’ve seen “Kindergarten Cop” several times; it’s one of my wife’s favorites, and one of “Ahnold’s” best. The unlikely story of a huge police detective with an Austrian accent going undercover as a kindergarten teacher to catch a criminal before he can  kidnap and harm his estranged wife and their child, it’s funny and sweet, and intermittently exciting. However police-o-phobia is rampant during The Great Stupid, especially among hysterics and anarchists. So now that benign film has been declared dangerous.

Willamette Week reported that the movie was pulled from its slot at the Northwest Film Center’s drive-in summer cinema series in Portland after it was called offensive by deranged local author Lois Leveen. “There’s nothing entertaining about the presence of police in schools, which feeds the school-to-prison pipeline” she tweeted. Yes, that’s all it takes now for spineless administrators to cancel people, art, entertainment, anything.

Leveen even provided a perfect opening to shut her down with a curt, “You need help, Lois. Really. Trust us on this. This is pathetic” when, in an email, she compared “Kindergarten Cop” to “The Birth of a Nation.”

Right, Lois. And “Toy Story” is like “Triumph of the Will.” Continue reading

Saturday Ethics Depression, 8/8/2020: Irresponsible Parents, Irresponsible Voters, Irresponsible Troll-Makers

This is my state of mind today.

I began today driving for two hours to find a meeting for which I had been given the wrong address, and, like the fool that I have always been, didn’t bring along the phone number of anyone who could help me. It is during ordeals like this that I begin to reflect on what a failure and underachiever I am, and how I really don’t have enough time left for turnaround. All that privilege,  and good fortune, wasted. And I have no one to blame but myself.

Then I had to write about the stuff you’ll find below, and I got really depressed.

1. “Nah, there’s no mainstream media bias, and why aren’t you agreeing with what I say?” House Speaker Nancy Pelosi got angry when PBS NewsHour” anchor Judy Woodruff dared to ask a question that cahllenged the Democratic Party position in dispute with Republicans on over the content of a “Phase 4” Wuhan Virus aid bill.

When Woodruff asked Pelosi about the “flexibility” GOP lawmakers are showing in terms of allocating more money for state and local governments, as well as Republican arguments that “much of the money” allocated in the CARES Act “has not even been spent yet,” Pelosi snapped,  “Well, if you want to be an advocate for them, Judy, if you want to be an advocate for them, listen to what the facts are.”

In other word, “Hey! You’re supposed to be on our side!”

Actually, ethical journalists are not supposed to be on anyone’s side, but that quaint ethics  concept has been abandoned by virtually all journalists, including  Woodruff.

“I’m playing devil’s advocate here,!” Woodruff protested. You know, the devil, Republicans—same thing!

2. Better yet, don’t ride the subway! Here is a Wuhan virus safety sign from the New York City subways.

In addition to telling people they should wear masks, it goes to the next level and wants people to avoid interacting at all. This is incompetent messaging and  shows a basic misunderstanding of humans in general and American in particular. It also makes me suspicious: Big Brother is still working to make as all compliant automaton. If we can’t talk, we can’t resist.

It reminds me of the early “don’t touch you face!” warnings. People touch their face thousands of times a day. That message made me skeptical of all the advice from “experts” and governments, and indeed, you hardly hear it any more.

Social interaction is essential to life. Continue reading

From The “When Ethics Alarm Don’t Ring” File, Presidents Of Evangelical Christian Universities Division.

Yes, that really is Liberty University President Jerry Falwell Jr. smiling, with his pants unzipped, as he poses with an arm around a scantily dressed young woman who is not his wife. And get this: Falwell posted the photo to social media himself. He really did. No, seriously.

I’m getting frightened, because this episode suggest that The Great Stupid is extending beyond the boundaries of the George Floyd Freakout and the 2016 Post Election Ethics Train Wreck, and infecting people that have nothing to do with either. This means, if true, that The Great Stupid can strike any of us without warning. One minute you are arguing about the perils of the National Debt heading into the Red Zone, and suddenly Rep. Ocasio-Cortez starts making sense to you, and you’re sticking shrimp up your nose.

What in the world was Falwell thinking? This would be crazy for the President of Berkeley, and his university is one of the most conservative institutions in the nation,  prohibits students from having sexual relations outside of marriage,  listening to music with lewd lyrics, or watching films with sexual content, and nudity. Students are also required to dress modestly. Great role model, there, Jerry! Continue reading