Ethics Dunces

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

/ Jack Marshall / 31 Comments

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 →

“Cultural Appropriation” Indoctrination From Gonzaga University

/ Jack Marshall / 59 Comments

From Campus Reform, one of two useful websites that peers into the sick culture of many indoctrinating left-wing educational institutions (the other is Campus Reform) comes the release of this jaw-dropping memo sent to students at Gonzaga University:

That Facebook entry links to a website listing “6 Ways To Celebrate Cinco de Mayo Without Appropriating The Mexican Culture.” The Gonzaga Facebook page includes a graphic with such advice as “don’t you dare put on that ‘sombrero,’” “acknowledge the stereotypes you have internalized and discover why they are problematic,” ““donate to organizations working for immigrant rights,”  and  “support AUTHENTIC Mexican businesses,” although “CHIPOTLE DOESN’T COUNT.”  “Try a family-owned restaurant run by actual Mexican people (They have better food anyway. We promise.),” the graphic says. “Maybe even enjoy some authentic Mexican music.”

My immediate reaction to this ham-handed, bigoted message would be, after the obligatory “Bite me!,” to have lunch at Taco Bell, pull out those old Bill Dana comedy albums,  and to watch “The Three Amigos.” Oh, and I will put on a sombrero (I own a great one, as well as an authentic Sioux headdress, three cowboy hats, a fez, a Viking helmet (not so authentic), a beret,  and Kaiser Wilhelm helmet, and a jester’s cap), because I will wear anything on my bald head that I goddamn please, and if my attire offends someone, that’s their problem. I don’t wear any of those costume pieces as insults, and as a member of the world community, I will borrow, honor, emulate and appropriate whatever part of it that appeals to me. For I am a free citizen of the United States of America, and don’t order me to express myself as you would prefer. Continue reading →

Morning Ethics Warm-Up, 5/4/2018: White Artists, Black Artists, Brain Damage And The Mad Midnight Pooper

/ Jack Marshall / 41 Comments

Good Morning!

(On the way to lovely Annapolis, MD to present my Clarence Darrow legal ethics program, along with D.C. actor Paul Morella, the real star of the day and the best Clarence Darrow portrayer alive. Paul starred in my 2000 original one-man show about the iconic lawyer-rogue, and has been performing it for lawyer groups and bar associations ever since.)

1  Déjà vu!  I would write a full post about this, but you can essentially go to all the football head trauma essays, search and replace NFL with NHL, and you’ll pretty much have it. The New York Times reports on a 53 year old ex-pro hockey player whose brain yielded evidence of CTE, and evidence is mounting the the violent sport is doing damage to players similar to what the NFL denied for so long. Right now, the National Hockey League is denying it too:

To the N.H.L. and its commissioner, Gary Bettman, the diagnosis is likely to be the latest piece of evidence to dismiss or combat. Even as links build a chain bridging the sport to C.T.E., the degenerative brain disease associated with repetitive head trauma, and some of the game’s most revered names push the league to take a more open-minded approach, the N.H.L. has denied any connection between long-term brain damage and hits to the head.

The N.F.L. did the same, for many years, until the evidence became too overwhelming, the numbers too much to counter with plausible deniability. Facing a huge class-action lawsuit, the N.F.L. eventually admitted to the connection and agreed to a roughly $1 billion settlement with former players. (That has not kept the sides from continuing to fight over the payouts, amid accusations of fraud and intimidation.) The N.H.L., following the N.F.L.’s strategy of about a decade ago, still contests any role in the burgeoning science of C.T.E., in the courts of law and of public opinion.

What’s going on here? Violent pro sports are popular and profitable, so they will continue maiming players and devastating their families until the public finally refuses to have blood on its hands. It will take a while, and many lives will be destroyed, but in the end, football and hockey are going to have to be responsible, and also held responsible for the carnage their greed has caused.

2. Yeah, I’m being unfair and partisan when I accuse progressives of being hostile to free speech and diversity of views… A hip-hop and R&B radio station in Detroit has announced that it won’t play Kanye West’s music. The alleged justification was the rapper’s dumb remarks about slavery. On “TMZ Live,” West said,

“When you hear about slavery for 400 years. For 400 years? That sounds like a choice. Like, you were there for 400 years and it’s all of you all? You know, it’s like we’re mentally in prison. I like the word prison ’cause slavery goes too — too direct to the idea of blacks.”

That’s pretty stupid for sure, but hardly any more stupid than the kinds of things West has been saying his whole career as his fans cheered him on. He’s welcome to hijack a telethons to say, for example, that President Bush intentionally let blacks die after Katrina, but this goes too far. (Someone please explain to me exactly what he thought he was saying, if you have time.) Continue reading →

Instagram Busts A Lawyer’s Lie

/ Jack Marshall / 5 Comments

New York-based lawyer Lina Franco had missed a November 23, 2016 filing deadline for a motion for class certification in a wage-and-hour law suit. Missing deadlines is a lawyer n0-no, and can get you sanctioned, sued, fired, or worse.  Luckily, Franco had an excuse, or so she thought.  She filed for an extension 16 days past the deadline, claiming that she had been forced to leave the country for the family emergency. She even submitted a flight itinerary showing she had flown from New York City to Mexico City on Thursday, November 21, and had remained there until December 8.

Let’s call this particular social media gaffe Ferris Bueller’s Mistake.  For Instagram photos from Franco’s public account indicated that she was in New York City and later Miami during that period. You know, like when Ferris turned up on TV at a ball game when he was supposedly sick in bed? Like that.  There was another teeny problem: November 21, 2016 was a Monday, not a Thursday, as the judge sanctioning Franco $10,000 pointed out in his ruling.

Franco now admits that she had gone to Mexico City earlier in November than she said, but that her mother’s medical diagnosis sent her “into a tailspin” causing her to miss the deadline and to submit the  false itinerary.

Now watch Instagram posts show up from Franco’s mother, with photos of her winning a seniors kickboxing tournament. Continue reading →

Ethics Dunces: Jeremy Lam And The Cultural Appropriation Police

/ Jack Marshall / 114 Comments

Utah high school student Keziah Daum posted a picture of herself looking lovely in a prom dress, and thanks to the warped values and cracked ethics of a young social justice warrior tweeter named Jeremy Lam, was set upon by the social media Furies.

Here is the tweet:

The tweet received 179 THOUSAND likes, and was retweeted 60 thousand times. Yes, a young woman going to her high school prom was condemned by all those strangers for liking and wearing an Asian-themed dress.

I don’t know what broken-chromosome mutation of progressive thought creates Americans like Jeremy—who is living in our culture, which is an amalgam of all cultures, but better—but the fact that he could attract such support with his divisive, segregated version of what our society should be is one more sign that the hard-Left is getting more anti-American by the hour. David French nicely puts this episode in perspective:

“Just so we’re clear, the radical progressive position is (1) America’s borders should be flung wide open to people from every culture in the world; (2) when American white people encounter people from those hundreds of different cultures, they need to stay in their lane; and (3) white people staying as white as possible will help our nation totally unify and diversity will be our strength.”

That’s about right. Kaziah Daum is the victim of racism here. Reasonably for someone unfairly thrust into the culture wars without justification or warning, she responded that she wasn’t trying to upset anyone; she just thought it was a pretty dress. The rest of  us, French suggests, need to be more assertive: Continue reading →

Morning Ethics Warm-Up, 5/2/18: Dictators, Wizards, Liars and Abusers [Updated]

/ Jack Marshall / 44 Comments

Good morning!

1 Housekeeping matters. For some reason, I know not what, there was an outbreak of contentious discussion regarding Ethics Alarms administration in a couple of threads yesterday. I think everything covered or complained about is covered in the Comment Policies above, but just for the record:

  • I handle the moderation here. Only me.
  • Though it might appear otherwise to some, I do not spend my day glued to Ethics Alarms. Thus on days like yesterday, when I had an early morning CLE session to teach in D.C., followed by one  law firm client emergency after another, I did not see any comments at all from 1am to 6 pm. Thus the hysterical and indignant “Why did you delete my comment?” outbursts and the “How dare you allow that rude comment to stay on the site?” and the ultimata springing therefrom were especially silly, unfair, and ill-informed.
  • I am not your Moderation Monkey. Don’t command me on how to police my own site. Thank you.
  • As I have written many times, occasionally a comment from an approved participant gets spammed for no good reason. Sometimes WordPress, for no apparent provocation, starts spamming the comments of visitors here who have been commenting for years. Sometimes such commenters have had to change their screen names as a result. None of this has anything to do with me: I can’t control it, or predict it. The calm, reasonable commenters faced with this crisis generally e-mail me, then I search the spam archives, find the lost post, send it to moderation, and approve it.
  • I do not delete posts from approved commenters. The exception is when I ban a commenter permanently, or give one a time out, which is a temporary ban or suspension, in which case the commenter is always warned in advance.
  • I expect discourse here to be civil, but will excuse momentary and periodic lapses and outbursts from veteran commenters (and me, of course), in direct proportion to their time here, level of participation and constructive value to the mission. Individual quirks will also be taken into consideration.

2. Remembering the David Manning Liar of the Month: A commenter who hails from the old Ethics Scoreboard days recently referenced the feature there called the David Manning Liar of the Month. A David Manning-style lie is a statement that the speaker or writer can’t possibly expect anyone to  believe, thus raising the question of whether it is a lie at all. (Sony spawned the award by excusing its use of a fake film reviewer it named David Manning to rave about terrible movies in ads,  claiming that nobody believed such excerpts anyway.) If Ethics Alarms had the same feature, President Trump would obviously dominate it, as I was reminded this morning. The President’s ex-physician, Dr. Harold Bornstein. bitter over his ejection from the Trump Court, revealed that Trump himself had dictated the absurd letter in which the doctor attested, Continue reading →

Stelter, Wolf, And The Mainstream News Media Unmasked

/ Jack Marshall / 91 Comments

NBC says that many journalists at the White House Correspondents Dinner were embarrassed and angry about her ugly attacks on the President, his family, and his staff, as you can plainly see from the reaction of the guests to the comic after her performance….

Observations on an ethics fiasco:

1.  I can’t decide if I regret not writing about Brian Stelter’s self-rebutting, smoking gun screed  excoriating the President for not attending the annual White House Correspondents Dinner before the dinner took place, as was my original intention. It looks even more ridiculous after the dinner, which, as even a fool could have predicted, was a festival of Trump-hate. One reason I didn’t write it earlier was that I had written essentially the same post earlier this month,  after two Washington Post writers criticized the President for not throwing out the ceremonial first pitch when the Washington Nationals opened their season. I wrote in part,

Boy, you can’t get much more intellectually dishonest than this. Gee, why wouldn’t the President subject himself to loud, open-air jeering from the majority of a crowd of 40,000, a demonstration of contempt that would be played over and over on CNN, MSNBC,  NBC, CBS and ABC, with mocking commentary? What a puzzlement! I have no theories, do you?… Boy, I cannot imagine why President Trump wouldn’t be eager to walk into this trap. The dishonest authors of the Post article, Randy Roberts and Johnny Smith really believe, as they claim, that this would bring the nation together. Having the President loudly hooted at a baseball game would be a healing experience. They really think that. Sure they do.

They want to see the President embarrassed, and are disappointed that he isn’t so foolish as to allow himself to be…

Well, I was wrong. You can get more intellectually dishonest, and CNN’s hack media critic, Brian Stelter, was just the man for the job.  In an essay that managed to pretend that the journalists at the event, including him, hadn’t spent three years denigrating and ridiculing Trump personally and 18 months trying spin the news to drive him out of office, he wrote in part,

Presidents don’t always want to show up and tell jokes and socialize with the press corps, but until now it’s been a part of the job in the modern media age.

“Historically presidents have felt that it’s important to send the signals, both to Americans and to the rest of the world, that they support this sort of quintessential part of American democracy, the First Amendment,” correspondents association president Margaret Talev said on CNN Saturday morning.

Trump evidently believes it’s politically advantageous to snub the affair and hold a rally instead. “Big crowd tonight, will be live on T.V.,” he tweeted on Saturday morning.

Well, he certainly doesn’t believe it’s politically advantageous to walk into an event where he has a target on his back, and have to sit quietly with a forced smile while everyone laughs as he is humiliated and insulted. Until now, it has been part of the job of journalists covering a presidency in any age to display a base level of respect for the man in the office, because he is in the office. Before Trump, journalists could be expected to treat Presidents with respect at least for a single night. Not now. Who would not assume that last night’s dinner would be a Trump-bashing orgy whether he attended or not? Is Brian Stelter unethical beyond belief, or is he just stupid? I have frequently wondered, and his article made me wonder more. The President isn’t doing his job by not allowing vicious and unethical journalists to undermine him in a public display of contempt? I am grateful to the President for avoid such an embarrassment for the office and the nation.

As for Taley, whom we will hear more of later, what self-serving crap.  The news media has disgraced itself and its mission, and neither President Trump nor any American citizen should support the way today’s journalists abuse their special status. Trump would be a hypocrite to help corrupt and biased journalists celebrate their poisoned craft, and to applaud while they pat themselves on the backs for misinforming, inflaming and dividing the American public.

2. Then came the actual dinner, and it was worse than even Trump could have imagined. Gee, Brian,  now what do you say? Were you shocked? Really? You couldn’t see this coming? Can you see now that the President was wise—not that it took any great feat of analysis, though it was obviously beyond your meager intellect— not to force Americans like me—you know, those who respect the office and still are stirred when they hear “Hail to the Chief” no matter who the Chief is—to see the office denigrated and insulted while arrogant, entitled, ink-stained wretches guffawed? He had a duty not to attend. Do you understand now?

3. As I noted in yesterday’s warm-up, the hired entertainment, deliberately recruited from the cabal of anti-Trump cable and network comedy shows, delivered as she was expected to, and was uniformly vile, even to the members of the White House staff who were the journalist’s guests. The representative Ethics Dunce for the fiasco was Bloomberg correspondent and president of the association Margaret Talev, who dropped one astoundingly disingenuous statement after another to rationalize it.

“My goal in putting together last night’s dinner was to unify the room and the country around journalism and the First Amendment, and I shared what I believe about those subjects in my own remarks,” she said at one point. Yeah, having the President of the United States called a pussy, a Nazi, a racist, a misogynist,  xenophobic,  unstable, incompetent and impotent is obviously the way to do that. After Michelle Wolf’s ugly act was widely panned, Talev said,

“The association, by tradition, does not preview or censor the entertainer’s remarks. Some of them made me uncomfortable and did not embody the spirit of the night. And that is protected by the First Amendment. I appreciated Sarah Sanders for joining us at the head table and her grace through the program.”

Ugh: Continue reading →

Morning Ethics Warm-Up, 4/29/18: White House Correspondents Dinner Edition (And Other Things…)

/ Jack Marshall / 62 Comments

 

Good Morning!

1 The RedState purge.  Salem Media, the conservative website RedState’s owner, froze the site and fired many of its most read and respected writers, all of whom were distinguished by one other common feature: they are all NeverTrumpers, conservatives who revile the current POTUS almost as vehemently as the Left’s mainstream media.

I view this decision as a declaration of war of sorts, or perhaps an assertion that a war is already going on. The Democrats, progressives, the news media and “the resistance” have been trying to unseat the President of the United States by “any means necessary,” a strategy that not only every conservative but every responsible citizen ought to oppose as the dangerous and undemocratic strategy it is. The dilemma is that NeverTrumpers’ anti-Trump bias not only makes them less than effective in opposing this unethical plot, it arguably makes them accessories to it.

Salem’s action is depressing but significant. It is one more indication that the news media, new and old, is dividing down rigid ideological lines while embracing political agendas rather than ethical journalism’s traditional mission. There is a place for fighting “the resistance,” but objective journalism shouldn’t have to censor dissent to play its part. Its part is to report the truth. Actions, however, have equal and opposite reactions, and as the media on the Left, which is to say most of the media, openly and  unapologetically indulges its Trump Hate, confident that its market will approve (thus making the abandonment of fairness and responsibility profitable), the polarization of whatever news media remains becomes inevitable.

This is not good for journalism, punditry, the nation or democracy, but I don’t know what can halt it now.

2. Terrible…but kind of funny, you have to admit. More than half the paintings owned by a small art museum in Elne, France, 82 of its 140 works, are fakes.  “It’s a catastrophe,”  said Yves Barniol, the mayor of Elne, near the Spanish border. Ya think? Over $170,000 was paid out by the museum for the phony artworks—not a lot by art museum standards, but when most of your collection are forgeries, there’s an open question why anyone would trust such a museum again.

Dishonesty and incompetence are a destructive combination. Continue reading →

Wow! MSNBC’s Joy Reid May Have Given Us The Biggest Jumbo Ever!

/ Jack Marshall / 18 Comments

The fact that MSNBC continues to employ Joy Reid, so unethical in so many ways,  would be sufficient all by itself to justify never trusting the network. Just in case her racebaiting, bias and hate-mongering weren’t enough, however, now she has issued a mind-blowing Jumbo of such magnitude and audacity that it is impossible to deny that either she is willing to lie about anything, or in the alternative, is nuts. There do not seem to be any other explanations.

On Ethics Alarms, a Jumbo is the term for a desperate, ridiculous lie that insults the intelligence of all who hear it. The term comes from name of the elephant Jimmy Durante was trying to sneak out of the circus in Billy Rose’s eponymous Broadway extravaganza “Jumbo,” when he was stopped by a sheriff, in the show’s most famous moment. “Where are you going with that elephant?” demanded The Law. “Elephant? What elephant?” answered the Schnozzola, innocently. But Reid’s Jumbo out-Jumbos Jimmy.

It all began last December, when some homophobic posts on Reid’s old blog surfaced. Then she issued a self-contradictory apology, flagged in this Ethics Alarms entry. but it turned out that there were more such posts to be found. Six days ago, the media site Mediaite uncovered more posts by Reid that were critical of homosexuality and gays, from The Reid Report, a now defunct blog that Reid authored long before she became a warrior of “the resistance.”  They were originally tracked down and shared on Twitter by sleuth Jamie Maz, who found them using the internet archiving service, the Wayback Machine, which takes screenshots of frequently trafficked web pages to preserve them. Reid’s response was to deny that she wrote the posts:

“In December I learned that an unknown, external party accessed and manipulated material from my now-defunct blog, The Reid Report, to include offensive and hateful references that are fabricated and run counter to my personal beliefs and ideology.

I began working with a cyber-security expert who first identified the unauthorized activity, and we notified federal law enforcement officials of the breach. The manipulated material seems to be part of an effort to taint my character with false information by distorting a blog that ended a decade ago.

Now that the site has been compromised I can state unequivocally that it does not represent the original entries. I hope that whoever corrupted the site recognizes the pain they have caused, not just to me, but to my family and communities that I care deeply about: LGBTQ, immigrants, people of color and other marginalized groups.”

To be blunt but accurate, she was lying. Continue reading →

“Gotcha!” Ethics (Or The Absence There-Of): The Solicitor General Misspeaks

/ Jack Marshall / 24 Comments

“Boy, what an idiot!”

Immediately, the shameless agents of “the resistance” in the blogosphere, cyberspace and the mainstream media leaped on the gaffe with the enthusiasm of jackals encountering  fresh carrion. Here is a typical example, from ThinkProgress:

“In Francisco’s defense, this is probably a slip-up. He probably meant to say that Trump has praised Islam as one of the greatest religions of the world. But still, it’s a slip-up that seems more likely to happen if you truly believe that Muslims are all the same. “

Now the accusation is that Francisco thinks “all Muslims are the same”? Morons! The Solicitor General doesn’t argue his personal beliefs or positions, but the government’s. Moreover, Francisco isn’t “Trump’s lawyer” as this consistently dishonest and rapidly partisan cyber-rag claims, but the United States of America’s lawyer. This is ThinkProgress taking the typical, current, Angry Left position that anyone who works for the Administration must also hold the parody of its alleged beliefs the “resistance” claims in its propaganda and fearmongering. ThinkProgress has no idea what Noel Francisco thinks about Muslims or Islam. Lawyers are not their clients, Francisco isn’t Trump, and Trump never said that Islam is “one of the greatest countries of the world.” What he said, in a 2017 speech in Saudi Arabia that was intentionally conciliatory to Islam,

“The Middle East is rich with natural beauty, vibrant cultures, and massive amounts of historic treasures. It should increasingly become one of the great global centers of commerce and opportunity.This region should not be a place from which refugees flee, but to which newcomers flock. Saudi Arabia is home to the holiest sites in one of the world’s great faiths…”

Francisco’s mistake in oral argument was absolutely meaningless, trivial, and without consequence. No Justice corrected it, because they all knew what Francisco meant to say, and also because most of them have probably done worse.  The actual quote he referred to was probably in his brief. Yet this arrogant and vicious cabal of progressive scolds nonetheless piled on, to embarrass Francisco, to attack the President, to throw their petty tantrum because they are going to lose on this issue, as they should , as they always should have. Now they will move on to their next effort to make governing as difficult as possible for the elected President, and as painful as possible for those who serve the nation along with him.

As I just wrote to a commenter on Ethics Alarms who debased himself by raising Francisco’s slip of the tongue, an oral argument before the nation’s highest court is incredibly stressful. The most brilliant, most prepared, most composed lawyers frequently stumble and stutter when they are under that microscope. Anyone who mocks a lawyer who makes a mere verbal miscue while broiling under a harsh professional spotlight with such massive stakes—as all Supreme Court cases have–is displaying ignorance, being a jerk, or both. Continue reading →