A Line That Will Echo Through The Annals Of Legal Ethics And Technological Incompetence: “I’m Not A Cat”

Lawyer cat

I apologize for missing this wonderful story from last week.

In a civil forfeiture case hearing held via Zoom in Texas’ 394th Judicial District Court, Rod Ponton, a county attorney in Presidio County, Texas, couldn’t figure out how to turn off a filter he had somehow turned on. That filter made him appear to be a talking kitten.

“Mr. Ponton, I believe you have a filter turned on in the video settings,” Judge Roy Ferguson, presiding over the case, says with admirable restraint. “Augggh,” says. Ponton. “Can you hear me, Judge? I don’t know how to remove it. I’ve got my assistant here and she’s trying to.”

Then he adds, “I’m prepared to go forward with it. I’m here live” and “I’m not a cat.” “I can see that, ”Judge Ferguson replies.

Here’s the video:

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Ethics Observations On The Annoying Case Of The Lingering Christmas Decorations

Xmas lights-letter

Full disclosure: The Marshall Christmas tree is still up, though absent an unforeseen intervening event, today will be its last.

Long Island resident Sara Pascucci received a typed, anonymous letter a week ago reading: “Take your Christmas lights down! Its Valentines Day!!!!!!”

Her relatively elaborate decorations can be seen above, along with the obnoxious missive. As the Washington Post tells the story, Pascucci was especially upset by the letter because she had lost both her father and aunt in January “to” the Wuhan virus. We now know (or should know) that they may have died of something else entirely but with the virus rather than from or of the virus and would still be listed as pandemic casualties because the idea is to keep the public as terrified and malleable as possible. This is irrelevant to the story, but it drives me crazy. What the father and aunt died of is also irrelevant to the story, and in fact I don’t see any justification for including the information at all except as more pandemic-panic propaganda, which has been the news media’s mission for a year. If Pascucci’s father had died of complications following a stroke and her aunt was 105 and had died of an allergic reaction to peanut oil, do you really think that would have been included in the story?

But I digress…

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From The Ethics Alarms Signature Significance Files: Andrea Mitchell’s Idiotic Tweet

Mtchell tweet

No Andrea, you arrogant, incompetent, disrespectful partisan fool: it’s Shakespeare, from one of the Bard’s most famous and best known tragedies, “MacBeth,” and perhaps the best known speech from that play, by MacBeth, in Act 5 Scene 5.

There would have been a time for such a word.
Tomorrow, and tomorrow, and tomorrow,
Creeps in this petty pace from day to day
To the last syllable of recorded time,
And all our yesterdays have lighted fools
The way to dusty death. Out, out, brief candle!
Life’s but a walking shadow, a poor player
That struts and frets his hour upon the stage
And then is heard no more: it is a tale
Told by an idiot, full of sound and fury,
Signifying nothing.

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Victim, Weenie And Enabler: The Persecution of Prof. Jason Kilborn

weenie

News: Now even “N-Word” will get you in trouble with the thought-police.

Related issue: Is it that conservatives are weenies, college administrators professors are weenies, Americans are weenies or all four?

University of Illinois law professor Jason Kilborn used a hypothetical about a employment discrimination case for his final exam. The exam referred to the use of racist and sexist rhetoric such as “n——” and “b—-“. The same question has been on the exam for ten years, but with compelled speech and the the enforced conformity with progressive cant on the ascendant, more than 400 people signed a petition condemning Kilborn, saying in part,

“The slur shocked students created a momentous distraction and caused unnecessary distress and anxiety for those taking the exam,” said the petition. “Considering the subject matter, and the call of the question, the use of the ‘n____’ and ‘b____’ was certainly unwarranted as it did not serve any educational purpose. The question was culturally insensitive and tone-deaf.”

[Clarification: Apparently some readers were confused regarding whether the actual words were used or the version with dashes instead of letters so as not to offend. I thought the opening sentence of the post would make the facts clear: the words themselves were not used. I state once again that the Ethics Alarms policy is to use words themselves if the words themselves are the issue. The coded versions were used in this post because they were what was used in the exam.]

The petition also demanded that Kilborn be removed from all faculty committees, and that the school implement “mandatory cultural sensitivity training” for faculty and staff.

If the school did not have damaged ethics alarms and a lack of respect for academic freedom and fairness, it would have responded to the petition by explaining that the signatories were censorious and ignorant, that their petition was irresponsible, unfair and wrong, and if they could not accept this, their tuition would be refunded as they sough education elsewhere. Instead, the institution announced an investigation The Foundation for Individual Rights in Education (FIRE) in turn sent a letter to the University of Illinois-Chicago demanding that it protect the rights of faculty members. It said in part,

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The Unethical And Divisive Nomination Of Kristen Clarke [Updated]

Biden tweet4

Well so much for THAT pledge.

Seeking to avoid the politics of division and the to restore respect for the rule of law, President Biden (or someone pulling his strings) has, ironically, nominated Kristen Clarke to head the Justice Department’s Civil Rights Division. In January, with this post, Ethics Alarms urged fairness after a letter surfaced from Clarke’s college days espousing anti-white racist attitudes:

….that letter to the Crimson from 27 years ago should not, by itself, disqualify Clarke for national service. Students say and write a lot of foolish stuff in college; that’s part of what it is for. Student presidents of niche campus groups like BALSA are expected to say extreme things….However, that letter is pure black supremacy, and thus racist. In the hearings on her fitness to lead the Civil Rights division, which requires no bias for or against any race, she must be asked about the letter and, under oath, rebuke its assertions to the satisfaction of all.

Now we know, however. That letter was not just young, raw, still-learning Kristen Clarke. That is Kristen Clarke. The career NAACP lawyer has a history of opposing civil rights prosecutions of black defendants. She criticized the Justice Department for bringing a complaint against an African-American party boss in Mississippi who worked to suppress white votes.

A federal judge found that political boss Ike Brown violated the Voting Rights Act by suppressing white votes in a rural Mississippi county where whites are the minority, directing election workers to count deficient absentee ballots from blacks but disqualify ballots from whites. Brown also was shown to have held biased and manipulated caucuses in the homes of friends and supporters.

According to 2010 testimony from Justice Department official Christopher Coates before the U.S. Civil Rights Commission, Clarke “spent a considerable amount of time criticizing the [civil rights] division and the voting section for bringing the Brown case.” He described Clarke as a civil rights litigator who believes “incorrectly but vehemently that enforcement of the protections of the Voting Rights Act should not be extended to white voters but should be extended only to protecting racial, ethnic, and language minorities.” Like, for example, her.

President Biden nominating such a racially biased individual to lead a civil rights division that must serve all Americans is an audacious and defiant example of doing the opposite of what one claims to be. It is a good time to recall this tweet:

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Sunday Ethics Reinforcements, 2/7/21: The “Don’t Watch The Concussion Bowl” Edition

Brain Damage football

Ethics Alarms has been chronicling the mounting evidence that pro football condemns a large percentage of its players to future dementia and premature death for a long time, often in conjunction with what a Georgetown professor friend calls “The Concussion Bowl.” Many of those posts are here, under the CTE tag. Incredibly, the NFL has done little to stop the carnage, perhaps because seriously addressing the inherent damage to brains caused by a necessarily violent sport would end football as we know it, and that would cost owners, TV networks, colleges and merchandisers billions. Can’t have that.

Equally amazing, the public and the news media have allowed the NFL to get away with distracting from its unethical priorities with the flagrant and cynical virtue-signalling of pandering to Black Lives Matter. I’m pretty sure that when it is all tallied, the NFL will have killed more innocent black men by far than all the brutal police officers over the same period. But most people just don’t care. If they cared one hundredth as much about athletes getting permanent brain damage for their Sunday (Monday, Thursday) TV viewing as they do about a single ugly incident where an overdosing lifetime petty crook died under the knee of a Minneapolis cop, there would be action. Not riots and take-overs of public property, but serious, effective action, including safety regulations.. Football would have to change, evolve, or vanish. The public and the media (and government officials) don’t care, and neither do the NFL executives. If Colin Kaepernick had performed his on-field protests against CTE, he would have been suspended and eliminated from the sport faster than Deion Sanders running for the goal line.

Talk about conspiracies….

1. False Narrative Dept. Now dishonest anti-Trump propaganda is showing up on Turner Classic Movies, which has been generally exemplary in avoiding partisan pandering over the last four years. Today, Eddie Muller, TCM’s film noir maven, pointedly showed the 1950 move “The Killer Who Slaked New York,” about a potential smallpox outbreak that was shut down by New York City health officials in 1947. Ultimately only 12 people were infected, and the threat was a single contagious smallpox victim who had to be found and contained. As you can see, this is a perfect analogy for the Wuhan virus outbreak in 2020. Noting that New York City quickly launched a mass vaccination effort (because there was already a smallpox vaccine, another close parallel), Eddie raised an accusing eyebrow and said,voice dripping with contempt, “That’s how we did things then.”

It’s Eddie’s show. I don’t think he should be fired or suspended. He’s welcome to his ignorant and obnoxious opinion. But he’s part of a disinformation campaign and an effort to distort reality, He’s also annoying TCM’s generally mature audience members who have been paying attention, and who presumably watch old movies to get a break from political BS, not to be subjected to more of it by movie nerds driving out of their lane.

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Ethics And The Never-Trumpers…

Lincoln Project

The Lincoln Project may have helped defeat Donald Trump; who knows? From the beginning it appeared to be a spiteful backlash by sore losers, class bigots and establishment bitter-enders who, like fellow Never-Trumpers George Will, the Bushes, Jennifer Rubin and Bill Kristol, made cutting of their noses to spite their faces into a declaration of virtue. Better to see the policies and principles one had spent a career opposing be inflicted on the nation for who-knows-how-long than to put up with a conservative President whom they couldn’t bear rubbing elbows with at a wine tasting.

The ethics of the Lincoln Project seemed shakier the more we learned about their founders and supporters. The most prominent of them, lawyer George Conway, felt it was acceptable to publicly insult and attack his wife Kellyanne Conway’s boss, for example, displaying the spousal concern and loyalty of a praying mantis. Not surprisingly, this public disloyalty combined with absentee parenting tore the family apart, leading to the Conway’s teenage daughter publicly insulting both parents and playing out her emotional crisis on social media. This, in turn, resulted in both Conways removing themself from political life in the middle of the campaign when they were needed most by their respective warring GOP factions. Good job!

Ah, but as Al Jolson liked to say, “You ain’t seen nothing yet!” The Lincoln Project’s leaders, who supposedly objected to Donald Trump because of his deficits of character, soon entered the Pot-Calling-The-Kettle-Black Masters in ethics hypocrisy.

First: John Weaver,a co-founder of the Lincoln Project, was accused by 21 men of sexually harassing them for years with unsolicited and sexually provocative online messages. His creepy solicitations included those he sent to a 14-year-old boy, asking salacious questions about his body while he was still in high school, then more suggestive comments after he turned 18.Weaver, who is married and has children, sent overt sexual solicitations to at least ten of the men, offering professional and personal assistance in exchange for sex. Last month, Weaver admitted his “inappropriate contacts” while playing the “deeply closeted” gay man card, and announced that he would not return to the Lincoln Project. Weaver had helped run Trump-Hater John McCain’s Presidential campaigns in 2000 and 2008 and Never Trumper John Kasich’s campaign in 2016.

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Saturday Morning Ethics Update, 2/6/21: Day Before The Super Bowl Edition

CTE brain

This was a Friday morning warm-up that kept getting bumped, with my investigation of the TIME article that dropped yesterday finally bumping it all the way to now. As several have noted in the comments to that post, when real conspiracies rear their dark and slimy heads, it makes suspicion of other conspiracies not just more likely, but reasonable. In my case, for example, as Big Tech has joined social media in squashing news and opinions unpalatable to our rising progressive masters, Ethics Alarms, for no reason that I can see, is suffering through its worst non-holiday week in traffic in years. Meanwhile, I am suddenly getting email after email telling me that my blog isn’t turning up in Google searches the way it should. Hmmmm.

Stop it, Jack. “That way madness lies.

1. Sometimes the profit motive helps, sometimes it doesn’t. One more note about TIME’s piece: there have been many articles recently about how journalism ethics are a a myth and need to be regarded as such, because the major news organizations are chasing clicks, ads and dollars, not truth, justice, or the American way. This argument has some obvious truth in it, but it is often used to exonerate journalists from pushing the political agendas of the Left, which they obviously do. The country is still very conservative in many ways; the Fox News model was spectacularly profitable; why doesn’t the profit motive inspire more balanced coverage, especially since there is a market for it? Is it just a coincidence that news rooms (even Fox News’) are nearly exclusively made up of Democrats and socialists? TIME was the perfect candidate to break ranks: an iconic mainstream media name, quickly fading into irrelevance and obscurity. Desperation topped loyalty to the team, and, ironically, betrayal led to an ethical result, even though it was motivated by non-ethical considerations.

2. “Cancelled” or put out to pasture? Fox News has cancelled the Lou Dobbs show, even though it is the top rated show on Fox Business News. “There is only one-way to look at this announcement…. corporate U.S. media is in the tank for the cancel-culture policy against all things President Trump related” writes the conservative blog “The Last Refuge.  “P.e.r.i.o.d.” I’m not so sure. I thought Dobbs was losing it several years ago when he suddenly appeared on the air with his previously white hair died caramel brown, and his enthusiasm for Donald Trump has often crossed the line into unprofessional cheer-leading. He’s 75, and Fox New may well have wanted to get him off the air before he had to be pulled. (Why won’t any of these guys retire?) Dobbs is also one of the three Fox News hosts named along with the network after voting software company Smartmatic filed its $2.7 billion defamation suit.

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Why Freedom Of Speech In America Is Threatened: Too Many Cowards

Coward

Oh no, not this issue again so soon.

Another prominent professional has been fired for breaching political correctness rules and annoying the totalitarian Left’s censors. His crime: speaking the taboo word “nigger” while referencing it in a discussion of racial slurs. Then, as we have seen over and over again, the exiled victim of this assault on free speech apologized. “Thank you sir, may I have another?” And, as we have also seen, it did no good.

The New York Times fired its #1 science and health reporter Donald McNeil Jr., after The Daily Beast reported that he had used racist language while on a 2019 trip with students to Peru. He did not use “racist language,” however, and there is no evidence at all that he displayed racist attitudes or opinions. What he did is to speak a word that speech censors have decided is itself forbidden, even if it is necessary in order to discuss the issue of racism, censorship or linguistics. This is, I note again, punishing or even criticizing such conduct is unethical, idiotic, juvenile, and sinister. Nonetheless, it is rapidly becoming the norm, and it is becoming the norm because so many individuals of power and influence lack the integrity and fortitude to oppose an indefensible position loudly and unequivocally.

(See the previous post. It is very relevant here.)

McNeil, formerly the Times’ top reporter on COVID-19,was fired because six students or their parents claimed he had made racist and sexist remarks throughout the trip. An investigation inicated that none of his remarks were sexist or racist, but that he had used words employed by sexists or racists to talk about sexism or racism, rather than using the approved poopy/ pee-pee/woo-woo baby talk codes (n-word, b-word, c-word) demanded by language censors. Initially, the Times’ editor tried to be fair and to uphold what the Times is supposed to respect—the Bill of Rights—but eventually capitulated to his woke and anti-free speech staff, as he has before.

So here are the cowards in this nauseating drama:

Coward: Dean Baquet. The Times Executive Editor initially said McNeil should be “given another chance” (Chance to do what? Conform his speech to oppressive conformity with progressive dictates?).”I authorized an investigation and concluded his remarks were offensive and that he showed extremely poor judgment, but it did not appear to me that his intentions were hateful or malicious,” he said. But anti-white racist and liar (but Pulitzer Prize-winning racist and liar!) Pulitzer Prize-winner Nikole Hannah-Jones threatened to call the parents and students on the trip to determine what McNeil had said and in what context (all of which would be hearsay, and thus unreliable except to an ideological hack like Hannah-Jones). Then a group of over a hundred staffers, mostly “of color” or female, signed a letter demanding serious sanctions.

“Our community is outraged and in pain,” the signees wrote. “Despite The Times’s seeming commitment to diversity and inclusion, we have given a prominent platform—a critical beat covering a pandemic disproportionately affecting people of color—to someone who chose to use language that is offensive and unacceptable by any newsroom’s standards. He did so while acting as a representative for The Times, in front of high school students.”

Baquet, publisher A.G. Sulzberger, and Chief Executive Meredith Kopit Levien responded that they welcomed the letter, saying, “We appreciate the spirit in which it was offered and we largely agree with the message,” they wrote in masterpeice of weasel-wording. Then Baquet reversed himself and fired McNeil, saying, “We do not tolerate racist language regardless of intent.” Really? So if a news story involves a racist or sexist statement, the Times can’t write about it and use the langauge that makes the episode a story? If the Supreme Court holds that “nigger” or other words are constitutionally protected (as indeed they are), the nation’s ‘paper of record’ won’t be able to quote the opinion?

Baquet had an opportunity to take a crucial stand for freedom of expression and against the criminalizing of language and the retreat to the primitive logic of taboos. He proved himself to be more interested in Leftist agendas and his job than the principles of democracy.

Coward: Donald McNeil Jr. He could have articulately objected to the warped logic of the Times mob, and explained, as he was equipped to do, why we must never cripple expression by banning words, legally or culturally, and why this episode is a perfect example why. Instead, he wimpered an illogical and craven apology, telling the staff in part,

McNeil grovel

Well hello Galileo! He went on to say, “I am sorry. I let you all down.” He let a newspaper down by using a word in a discussion with students in Peru to examine the use of the word. He let a newspaper down by being clear and describing the matter under discussion… because at the New York Times, progressive agendas trump the truth.

Well, I guess we knew that.

Since he was going to sacked anyway, was obligated as an American to go down fighting for free speech and against the censorship of expression. Nah. That might interfere with getting his next job with an ideological indoctrinating institution or publication.

Coward: Ann Althouse. This is disappointing. She says the right things in her post on this fiasco:

In the old days, a big deal was made of the “use/mention” distinction. It doesn’t seem to matter anymore. Even McNeil, defendinghimself, asserts that he “used” the word.
I understand wanting to say that “intent” shouldn’t be decisive, because it presents evidentiary problems. What went on in a person’s head? Did he somehow mean well? But the “use/mention” distinction doesn’t require a trip into someone’s mind. If you have the outward statement, you can know whether the speaker/writer used the word as his own word or was referring to the word as a word. 
You don’t need to know whether I think Dean Baquet is a coward to distinguish the statement “Dean Baquet is a coward” from “I can imagine someone saying ‘Dean Baquet is a coward.'”

But there’s something oddly missing from her post. As one commenter coyly asks (and to her credit, Ann allowed it to be posted): “What word are you talking about?”

In this case, Althouse is a hypocrite as well as a coward. I can expect her to be on the sidelines with the mob when they haul me off to in the tumbrils because I write the word “nigger” when the topic is using the word “nigger.” Such reticence—I guess she’s worried her University of Wisconsin law school pals will shun her–does not help the cause of freedom of expression, which Ann knows damn well is under attack

Ethics Movies: And Speaking Of Conspiracies, Have You Seen “Conspiracy”? Do.

Conspiracy

I bet you haven’t. I hadn’t, and stumbling upon it yesterday on Amazon’s streaming service was one more reason I failed to get an ethics warm-up posted, but it was worth it.

“Conspiracy” is a remarkable HBO film that first ran in 2001, when my attention, and probably yours, was elsewhere. I never have read or heard a word about the film; no friend ever recommended it to me or my wife, who is a WWII buff. Nobody mentioned it on Facebook. (There it is! Finally a downside of ignoring the Emmys and Golden Globe Awards! The film was much honored.) I can’t believe that “Conspiracy” had a large audience: it’s a movie about a meeting, albeit a real one, and consists almost entirely of men sitting around a table, talking. (So does “Twelve Angry Men,” but “Conspiracy” makes that film look like “Die Hard” as far as action is concerned.) No women. No “persons of color.” This is because all of the attendees at the actual meeting were Nazi officers and officials, but never mind: if “Conspiracy” were made today, Adolf Eichmann would have to be played by Ice-T and Reinhard Heydrich by Jennifer Lopez because of Hollywood’s diversity rules.

I wish I were kidding.

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