Ethics Dunces

NBC News May Be An Ethics Dunce, But Jordan Fuchs Is An Ethics Villain

/ Jack Marshall / 7 Comments

Shunning

When we last left the Washington Post’s fake quote debacle, the paper had identified Georgia’s Deputy Secretary of State Jordan Fuchs as the source of a false account of then-President Trump’s phone call to the state’s investigator into irregularities in the 2020 election. Both Fuchs and Post blogger Erik Wemple were channeling Dan Rather “ethics,” arguing that Fuch’s lie that the President said “Find the fraud!” was inaccurate but true.

Now we learn, after someone checked the record, that at least one of the media sources had in fact unwittingly allowed Fuchs to verify her own lie, and claimed it had received a confirmation of the Post fake news from “a source familiar with the conversation.”

CNBC reported the following on January 9, the same day as the Washington Post story:

NBC News has confirmed The Post’s characterization of the Dec. 23 call through a source familiar with the conversation. Georgia’s Deputy Secretary of State Jordan Fuchs told NBC News: “We can confirm the events in the Washington Post story.”

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Trevor Noah Provides A Perfect Example Of How Comedians Make The Public Stupid And Irresponsible…But Woke!

/ Jack Marshall / 3 Comments

Noah

Personally, I blame Jon Stewart. The former host of Comedy Central’s “The Daily Show” was quick, clever and smug enough to convince a lot of younger, lazy Americans that they could become civically literate by watching a comedy show, thus being entertained while learning about current events and how to have the “right’ opinions about them. Jon Stewart, Stephen Colbert, Samantha Bee, Noah, Jimmy Kimmel (yecchh), Bill Maher (gag) and all of the other left-leaning clowns and jokers have a right to their opinions and to spout them at will, but nobody should think that any of them possess such remarkable insight that they should be influential opinion-makers. Indeed, their opinions are approximately as authoritative as a gas station attendant or the average taxi driver.

Throughout American history, there have been the occasional wise wags whose satirical takes on current events prompted thought as well as mirth—Mark Twain, Will Rogers, Mort Sahl, and a few others. Never before, however, have there been so many pretenders to that class who not only are taken seriously by the young, but who also take themselves seriously, far more seriously than their intellects, training and experience justifies. During the Trump administration, this trend became actively destructive, but many crtics even expressed concern during Stewart’s reign, as surveys showed that a frightening number of people used “The Daily Show” as their primary news source. This makes approximately as much sense as using SNL’s “Weekend Update” for that purpose.

Or CNN.

Kidding!

(Sort of.)

Trevor Noah, Stewart’s cuter but equally smug successor on Comedy Central, provided us with a neon-bright example of how damaging these fake authorities can be. The topic was the mass killings at two Atlanta-area massage parlors that left eight people dead earlier this week. Six of the eight women were Asian-Americans, but the motive behind the shootings is murky. Police arrested a suspect, 21-year-old Robert Aaron Long yesterday. Long reportedly told investigators that he had a sexual addiction and saw the businesses as a temptation he needed to eliminate. (This makes slightly more sense than “Son of Sam” saying he was instructed by a dog, but you know: mass murderers.) Never mind what he says, the race-baiters that make up much of the Democratic Party decided that this was another opportunity that couldn’t be missed.

Rep. Ayanna Pressley (D-Mass.), a member of “The Squad,” tweeted yesterday,

“8 lives were violently stolen. We stand in solidarity & deep compassion w/ our AAPI [Asian American and Pacific Islander] family in Georgia & across the country. Racism, misogyny, & white supremacy are a threat to all of our communities, and we must call out the targeted, violent attacks on our AAPI neighbors.”

Other “of color” elected Democrats followed the script. Showing that, so far at least, there are some depths to which they will not stoop, both Speaker Pelosi and President Biden declined to call the attacks a “hate crime,” saying that the motive is unclear. It is, but the fact that the killer himself says he was trying to kill sex workers creates the rebuttable presumption that race was not motive.

Trevor Noah, however, launched a hilarious riff on the tragedy. I jest: there was nothing funny about it, but who is better qualified to analyze the social roots of a U.S. incident than a South African high school grad who has engaged in nothing except comedy since he was 18 and who has shown no interest in becoming an American citizen?

Here is Noah’s rant:

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3/17/21 Ethics Wind-Down, 3/18/21 Wind-Up…Featuring “The Song Of The Year”

/ Jack Marshall / 16 Comments

Wind-Up

There’s nothing quite like a flaming tooth-ache to spark an early-morning post…

1. Corporate incompetence, Indian-style: The Cleveland Indians knee-jerked themselves out of their history, traditions and name by somehow concluding that the Black Lives Matter rioting obligated them to abandon “Indians” just because the NFL Washington Redskins had capitulated to political correctness thuggery. Like all of baseball and most of professional sports, the team decided that signaling progressive virtue was more important than their fans. And like the Redskins, the team prepared to to go through the 2021 season without a new name…just nothing, as in “Cleveland Baseball Club,” or something similarly generic. Because of the unseemly, unnecessary and unplanned rush, the Cleveland Whatsis-es also made it difficult to come up with a new name. Changing a team name is a large and expensive mess, because the name and logo are on everything from the team’s merchandise to websites, sponsorship deals, and the ballpark. Trademarks are needed to protect them. “Advice for anyone doing any product: Before you make it public, file,” Andrew Skale, a San Diego-based trademark attorney told the New York Times.

“The U.S. trademark office offers this kind of unique ability to file when you haven’t started using it, so take advantage of that,” Skale said. “Because I’ve seen when people that have issued news releases about new products and haven’t filed yet, and then they have problems later because some idiots decided to squat on them.” Or maybe not such idiots. Because of the Ex-Indians moral panic, many of the names the team could have chosen based on its history and culture will be now be expensive.Trademarks were filed by squatters after Cleveland’s first announcement for “Cleveland Baseball Team” (from someone in Georgia), “Cleveland Baseball Club” (from a company in Ohio), “Cleveland Guardians” (from someone in New York), Cleveland Rockers (from someone in California), Cleveland Natives and Cleveland Warriors (though even the Ex-Indian aren’t so stupid as to wade back into Native American controversies again), and most of all, the Cleveland Spiders, which has been an early favorite. That was the name of the team. That was the name of the team for ten years, 1889-1899, when baseball players looked like this…

Spiders

The No-names are fighting some of these filings, because the Trademark Office tends to disfavor squatters. It all could have been avoided, though, if the team hadn’t wushed to be woke, thus joining The Great Stupid.

I wonder if “Spider McBaseballfaces” has been taken…

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(PSSST! Columbia! Just Because You’ve Held Segregated Graduation Ceremonies Before Doesn’t Make Holding Them Now Any Less Unethical)

/ Jack Marshall / 8 Comments

Lavender graduation

The news stories yesterday in various conservative sources that Columbia University would be holding six segregated graduation ceremonies based on ethnicity, income, and sexual orientation in fealty to “multiculturalism” sounded like a Babylon Bee gag to me, except that it isn’t funny. The story also seemed to epitomize The Great Stupid in so many ways, but something stopped me from rushing to the keyboard and writing a KABOOM! story. I don’t know why: this week has had one news flash after another showing the Left has not only gone bonkers, it is no longer trying to hide it.

So I went to Columbia sources (unlike, say, Fox News) to clarify “What’s going on here?,” and part of what’s going on is that conservative media and social media are misrepresenting the story, but not what’s wrong with Columbia’s conduct. What’s wrong with the story is that it isn’t news. The University has been doing this—segregated, group-identification ceremonies— for quite a while.

I haven’t checked to see if the groups or their names have changed: in 2021, the six are called the “Latinx Graduation,” the “Black Graduation,” the “Asian Graduation,” the “FLI Graduation” (for “first-generation and/or low-income community” students), the “Native Graduation” for Native-American students, and…I kid you not… the “Lavender Graduation” for the LGBTQ students.

“Lavender Graduation’? Really? Heck, why not the “FABULOUS! Graduation”?

If this were a new disgusting and embarrassing innovation for what is supposed to be an elite educational institution, I would have designated it as the perfect embodiment of “The Great Stupid” : separating groups in the name of inclusivity, segregating groups while celebrating the diversity of the whole, returning to “separate but equal” while demanding civil rights. But it is not new, and therefore not news.

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Don’t Be Lulled Into Apathy Because It Involves A Silly Daytime Talk Show Watched By Idiots And A Reality Star Of Negligible Importance: CBS Pulled A TV Show Because Someone Dared To Criticize A Black Woman. It’s Time To Draw A Line In The Sand…

/ Jack Marshall / 4 Comments

Osbourn

This makes two frightening ethics stories involving the media in a row, the worst back-to-back Ethics Alarms concerns that I’ve seen in ten years here. The seriousness of the previous story is easy to grasp: multiple news organizations deliberately misled the public to suggest misconduct by President Trump that never happened, and “coincidentally” they did so with perfect timing to affect the crucial special Senate elections in Georgia. This second horror is trickier, because it involves what to normal people is trivia layered on trivia. However, it may be the more terrible of the two.

Try to follow this without getting disgusted and turning on “Three’s Company” re-runs, or you can jump to the bottom of this nauseating account for the reason why the episode is important despite all evidence to the contrary…

1. It began with the Oprah interview of the narcissistic and manipulative Duchess of Sussex and her dominated husband last week, during which Meghan absurdly played poor little rich girl and poor princess while accusing conveniently un-named members of the Royal family of being racists. Even the fact that the couple sold the interview to O didn’t dissuade the celebrity-addled Princess Di cult from swallowing every whooper served up by the former actress like it was a culinary masterpiece. Tellingly, the interview went over like a lead balloon, as my father used to say, in Great Britain, where Meghan Markle and Harry are even less popular members of the royal family than Jeffrey Epstein pal Prince Andrew.

2. Then, on a British morning talk show the next day, celebrity muckraker Piers Morgan announced that he didn’t believe the couple’s tale of abuse, and thought it was outrageous for two entitled (literally) individuals of unearned wealth and power to present themselves as victims, and particularly offensive for Markle to be posing as a victim of “systemic racism.” For this he was accused of being biased—he’s white after all—and Morgan, who bottom-feeder though he is does not grovel or back down, quit his co-host job on the spot, walking off the set.

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Yet Another Update On“Introducing The ‘Technologically Inept Adjunct Professor With Politically Incorrect Opinions Principle’”…Ethics Dunce: Professor David Batson

/ Jack Marshall / 8 Comments

weenie

When we last left furiously virtue-signaling Georgetown University Law Center it had fired veteran adjunct professor Sandra Sellers last week for discussing frankly but inadvertently over Zoom a situation that everyone connected with the Law Center knows to be real. GULC had also suspended her co-instructor David Batson for barely nodding his head during Sellers’ statement of frustration that black students too often end up at the bottom of her grading curve. Dean Treanor, in his statement declaring the intended private discussion as “reprehensible,” darkly insinuated that Batson had failed a “bystander responsibility.”

Now Batson has also resigned, in a letter sent to the Washington Post, saying,

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Today’s Evidence That We Put People In Power Who Don’t Understand The Bill Of Rights: Kentucky State Senate Bill SB 211

/ Jack Marshall / 8 Comments

jackheadexplosion

Incidentally,

KABOOM!

The Bill, if it became law, would make it a crime to insult a police officer if the words or gestures provoked a violent response. It would be class B misdemeanor, punishable up to 90 days in prison, when someone “accosts, insults, taunts, or challenges a law enforcement officer with offensive or derisive words, or by gestures or other physical contact, that would have a direct tendency to provoke a violent response from the perspective of a reasonable and prudent person.”

This potential law (actually, it isn’t even potential because the thing would be unconstitutional and a First Amendment breach the second it was passed and signed) is one of the most embarrassing pieces of legislative garbage I have seen in a very long time. It essentially says that if a citizen is so darn mean to a police officer by saying nasty things or making scary faces, and the officer is so unprofessional, incompetent and badly trained that he or she commits violent battery, the victim of the cop’s attack can be locked up! Brilliant!

Let’s look at the relevant section of the Bill of Rights, shall we? You know, that old document they apparently don’t teach in Kentucky schools and that applies to the States through the 14th Amendment? The one progressives don’t like?

“Congress shall make no law … abridging the freedom of speech…“

This isn’t hard, or shouldn’t be, even for Kentuckians. (My father grew up in Kentucky.) When a law says “you can be imprisoned for saying things that a police officer finds offensive” that’s abridging free speech. What ignoramus composed this monstrosity?

He is State Senator Danny Carroll, (R-Benton), who says the bill is in response to the riots in Louisville last summer (There is another Breonna Taylor demonstration going on in Louisville right now) and on Capitol Hill in D.C.

Oh. What?

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Coke Commands Its Lawyers To Discriminate: Can’t Do That, And The Law Firms Should Refuse (But I Bet They Won’t)

/ Jack Marshall / 17 Comments

Coke Coercion

This is a major development with narrow implications in the field of legal ethics, but potentially wide-ranging importance in the society as a whole.

We are just now learning—after all, you wouldn’t expect the news media to report this kind of sinister, reverse-racism bullying, would you?—that the general counsel of Coca Cola issued an open letter to the law firms representing it. [Full disclosure: I have taught legal ethics seminars for one of them] The letter decreed that these firms “commit that at least 30% of each of billed associate and partner time will be from diverse attorneys, and of such amounts at least half will be from Black attorneys.” You can read the letter here. Here are the edicts:

Coke demands

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Ethics Dunce: The Florida Bar. Again.

/ Jack Marshall / 2 Comments

The reluctance of the legal profession to acknowledge that members of the public are as qualified to recognize metaphors, puffery and hyperbole in the marketing of the legal services as they are when they are buying cupcakes or hiring plumbers continues to astound. Many state bar associations still have, and enforce, ethics rules that make the kind of obvious analogies routine in TV, online and print advertising violations because they are deemed “misleading or deceptive.” Florida has long been one of the most notable laggards in applying common sense to lawyer advertising. In contrast, the District of Columbia, with the largest bar in the nation, has largely eliminated such rules. except in conduct constituting outright lies. Just a few days ago, I told a client that the other bars were slowly moving in D.C.’s direction. I did not expect Florida’s bar to again embarrass itself and its lawyers–AND MY DOG—again, after making itself the butt of jokes over a decade ago with virtually the same complaint it made against a lawyer’s ads more than a decade ago. I thought the Florida Bar had learned. I thought eleven years was more than enough time for it to accept the basic concept of advertising…and to learn about dogs.

Guess not.

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Monday Ethics Final, 3/8/2021: A Bad Day In The Revolution

/ Jack Marshall / 9 Comments

GnadenhuttenMassacre

March 8 should be a day that “lives in infamy,” but it isn’t, in part because of this nation’s, and all nations’, tendency to forget episodes in their history that they would rather pretend didn’t happen. On this date in 1782, 160 Pennsylvania militiamen slaughtered 96 Christian Indians including 39 children, 29 women and 28 men. The Patriots killed their captives by hammering their skulls with mallets from behind, as the victims knelt praying and singing. The Patriots then piled the bodies in mission buildings, and burned the entire Moravian Mission at Gnadenhutten to the ground in the Ohio territory. . The Pennsylvanians claimed that the attack was revenge for raids on their frontier settlements, but the Native Americans they killed were not involved in any attacks. In fact, they were pacifists who had been assisting the Americans against the British by serving as scouts and performing other services.

There were consequences of the massacre, though not to the criminals responsible. Despite talk of bringing the murderers to justice, no charges were filed. But Native American tribes became less willing to trust the Patriots as the Revolutionary War continued. When General George Washington heard about the massacre, he told his soldiers to avoid being captured alive by Indian forces, as he feared the Americans would be tortured. Many were, and Native Americans had longer memories of the atrocity at Gnadenhutten than the citizens of the new nation. In 1810, Shawnee chief Tecumseh pointedly reminded future General and later President William Henry Harrison, “You recall the time when the Jesus Indians of the Delawares lived near the Americans, and had confidence in their promises of friendship, and thought they were secure, yet the Americans murdered all the men, women, and children, even as they prayed to Jesus?”

Theodore Roosevelt, a historian in addition to his other pursuits, called the atrocity “a stain on frontier character that the lapse of time cannot wash away.”

But it has, hasn’t it?

1. And they said Trump supporters were stupid! A group called Pro-Life Evangelicals for Biden feel betrayed:

Pro Biden

These people really believed that the Democratic Party was going to “engage” on the topic of abortion, and that electing Joe Biden President would lead to compromises and moderation on the issue. Let me write that again: These people really believed that the Democratic Party was going to “engage” on the topic of abortion, and that electing Joe Biden President would lead to compromises and moderation on the issue.As you know, I have constant difficulty accepting the principle that being stupid isn’t unethical. Outrageous stupidity makes me angry, and maybe that’s unfair. Episodes like this are difficult for me to put in perspective.

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