Unethical Tweet Of The Month And Ethics Dunce: ACLU National Legal Director And Georgetown Law Prof. David Cole

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David Cole, ACLU National Legal Director and Professor at Georgetown University Law Center, tweeted in response to the SCOTUS ruling striking down California’s law making it mandatory for non-profits to disclose the names of their biggest donors,

Cole tweet

Gee, that’s funny! The ACLU filed an amicus brief supporting the majority’s decision in AMERICANS FOR PROSPERITY FOUNDATION v. BONTA, ATTORNEY GENERAL OF CALIFORNIA.

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Sunrise Ethics Serenade, June 30, 2021: Rot, Tragedy, Justice, Arrogance, And Irony

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1. Evidence that The Great Stupid was upon us in 2019 if only we had been paying attention...My wife, a World War II history buff, was watching the ending credits most recent movie version of “Midway”(2019) when I heard her emit the sound of a wounded animal. This message had flashed across the screen:

“The film is dedicated to the American and Japanese sailors who fought at Midway. The sea remembers its own.”

What…The…Hell? Those Japanese sailors wouldn’t have had to fight at all if their nation hadn’t killed 3,000 American servicemen is a sneak attack six months earlier. Since when do American films salute those who killed Americans? Now I have to check and see whether there was a tribute at the end of “Flight 93” commemorating the brave Al Qida terrorists who died trying to crash a plane into the Capitol.

Equally disturbing is that I recall no mention at all of “Midway’s” offensive coda in reviews of the film, and could find only one mention of it online. I know, I know, American film studios are desperate to pander to foreign markets. That’s not a good enough reason for that disgusting suck-up to a ruthless and racist enemy.

2. This reminds me of my ethical objection to “bucket lists”...Susan Montoya, 65, an assistant principal at Georgia O’Keefe Elementary School in Albuquerque, New Mexico, died when the hot air balloon she was riding in hit power lines and crashed. It was reported that the ride was an item on her “bucket list.” I don’t know who first came up with the idea that human life was just a collection of enumerated experiences and accomplishments like getting a merit badge, or how it became popular, but it’s a narcissistic and wasteful mindset. If you can’t think of anything more productive to do with your life than to treat it like a grocery list, you’ve missed the point.

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Sunday Ethics Affirmation, 6/27/2021: “Life Is Unfair, Suck It Up” Edition [Cont.]

[back to where we were before I was so rudely interrupted…by life, ironically enough…]

3. Baseball Ethics: Sticky stuff update! Baseball’s sudden emergency crack-down on pitchers using various versions of glue on the ball to make it go faster and be curvier caught its first cheater today: Seattle Mariners left-hander Héctor Santiago was ejected from today’s game against the White Sox by home plate umpire Phil Cuzzi after a between-innings foreign substance inspection. Santiago’s glove was confiscated. If the glove indeed shows the presence of a forbidden substance, the pitcher will be subject to a ten-day suspension under the terms of Major League Baseball’s new enforcement of the prohibition against ball doctoring. There is some skepitcism that the test will prove Santiago guilty, since it is believed that nobody could be so stupid as to try to keep using “sticky stuff” this week, knowing that they will be checked. On the other hand, Gerrit Cole, the 2019 Cy Young winner who has been widely suspected of being a “sticky stuff” addict, apparently went cold turkey. Today, against the Red Sox, his pitches were spinning much slower than usual, and he got clobbered, giving up 6 runs, 8 hits and 3 homer in just five innings. A coincidence, I’m sure…

4. Tales of The Great Stupid: Apparently the mainstream news media decided that this was just too embarrassing and might hurt the cause of mad wokism…because so far, it has managed to ignore it. A National Archives’ task force on racism determined that the structure, which houses the Declaration of Independence, the U.S. Constitution and the Bill of Rights demonstrates “structural racism,” portraying the Founding Fathers and other “white men” too positively, since it “lauds wealthy White men in the nation’s founding while marginalizing BIPOC [Black, Indigenous and other People of Color], women, and other communities.” The report also calls for “trigger warnings” to be put in place with historical content to “forewarn audiences of content that may cause intense physiological and psychological symptoms.” Cassie Smedile, executive director of conservative group America Rising, called the report “the radical Left’s latest attempt to sow division and rewrite our history.” No, it’s the latest example of the progressive mainstream as it has metastasized to reject the idea of the United States of America. Blame Obama, who appointed National Archivist David Ferriero in 2009, and the Senate, which confirmed him, and President Trump, who didn’t have the foresight to fire him. He assembled and commissioned the task force, meaning he knew exactly what he would get. Ferriero claimed the task force was necessary in light of George Floyd’s death last year, the report notes. Yeah, that makes a lot of sense: an example of local police misconduct in Minneapolis without any demonstrable racial motive or animus mandates another trashing of Jefferson, Madison, Washington and the rest. [Pointer: A.S.]

Brilliant.

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“Systemic Racism” Update

I need a graphic for “The Great Stupid,” but until I get one, that clip above from Ed Wood’s masterpiece, “Plan Nine From Outer Space,” will have to do. I have to check back and find out which generous reader sent me this after I asked if there was a “Stupid, stupid!” equivalent of the “Madness! Madness!” clip from “Bridge Over The River Kwai.” That’s the immortal Dudley Manlove uttering those words, by the way. And that was his real name!

Update: Commenter Wallphone found the “Plan Nine” clip, and has my enduring gratitude.

Here are some especially annoying recent developments on the incoherent “systemic racism” front.

1. Philonase Floyd, the brother of the late, great,George Floyd, said, following the sentencing of Derek Chauvin, “I just want to reiterate: not just black lives matter, all lives matter.” Strangely, he was not immediately condemned as a racist or racially insensitive and forced to apologize like so many others who were hounded mercilessly for saying “all lives matter.” Of course, the explanation is that Floyd’s skin shade gives him license to say “all lives matter.”

I only want to know the rules, that’s all. That seems like a reasonable request. But the systemic racism scam is truly Calvinball.The rules are made up and changed according to whatever is expedient at the time. Incidentally, there is a politician named Calvin Ball who is the county executive of Howard County, Maryland. Guess his party and race. [Hint: He’s allowed to say “All lives matter.”]

2. There has to be some designation for the cowards and enablers of rising totalitarianism that accurately describes sniveling traitors to democracy like Charlette LeFevre and Philip Lipson, the directors of Capitol Hill Pride in Seattle. I was considering the “Winston Smith Award,” but that seems unfair to Orwell’s tragic hero.

The two sent a letter to the Seattle Human Rights Commission that said,

“It has come to our attention that an event called ‘Take B(l)ack Pride’ at the Jimi Hendrix public park June 26th is charging Whites only admission as reparations. We consider this reverse discrimination in its worse form and we feel we are being attacked for not supporting due to disparaging and hostile e-mails. We will never charge admission over the color of a person’s skin and we resent being attacked for standing in those values.”

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Ethics Observations On The Cruz-Hirono Exchange During The Senate Judiciary Committee Hearing

Here is the full exchange. Do watch it all:

I could justly call this a case of res ipsa loquitur, requiring no further explication, but let’s be clear about what was going on.

Senator Hirono stated that her objection to the doctrine of Constitutional originalism was not based on law or theory, but on the fact that cases like Roe v. Wade, which made abortion a right, and Obergefell v. Hodges, which legalized same sex marriage, would not have been decided as they were had the Supreme Court majority used an originalism standard. That is, obviously, a purely consequentialist argument: if the results of applying a principle do not yield what she favors, then she does not believe the principle should be applied. It is an “ends justifies the means” position, and that is antithetical to the rule of law, as we have discussed on Ethics Alarms often. If the law is enforced by judges according to a floating standard whereby a principle is valid when a desirable result will arise from applying it, and invalid when an authority prefers a different result, then the law has no integrity, and the system becomes arbitrary and chaotic.

Senator Cruz, after his questioning of the Biden judicial nominee who tried to dance his way through Cruz’s implications that he was not consistent in his judicial philosophy, then referenced Sen. Hirono’s unambiguous explanation about why she opposed originalism: decisions she likes would have come out the other way. She responded by accusing Cruz of “mansplaining” and mischaracterizing what she said. When Cruz reasonably tried to ask exactly how he had mischaracterized her statement, the Democrats furiously attempted to block his response. When that failed, and Cruz asked directly whether she had said what she said, Hirono babbled incoherently, finally said “No.”

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From The Signature Significance Files: A Question For “The Ethicist” That Proves The Questioner Is Ethically Obtuse

GoFundMe for car

When I read the headlined question in an April installment of “The Ethicist” advice column in the New York Times Magazine, I would have done a spit-take if I had just taken a sip of something. It was “Is It OK to Use Money Raised for a Child’s Cancer Care on a Car?” What? No it’s not “OK,” you idiot! The questioner has to write to a professor of philosophy like Kwame Anthony Appiah, who is the current version of the Times’ ethics expert, to puzzle out that query? Why not ask a neighbor, a minister, a friend who isn’t in jail, a reasonably socialized junior in high school?

Then I started wondering what percentage of American think that question is a really tough one, and I got depressed.

Here was the whole question:

My grandchild is being treated for leukemia. A friend of the child’s parents set up a GoFundMe page for them. They’re both well loved and have siblings who know a ton of people. So the goal was surpassed in three hours, and donations totaled more than double that amount. They plan to donate anything over and above direct hospital-related expenses to leukemia research organizations.This couple have some needs that aren’t strictly related to the child’s care, like a new car. Am I rationalizing by saying they need to drive the child to the hospital and should use some of this money for a dependable car? Is there a strict line you would not cross? And is it germane that they’re not extravagant and extremely honest?

I don’t need to discuss Appiah’s answer; he got it right. If he hadn’t, he would need to have his column, his teaching position at NYU and his degree in philosophy taken away. My concern is how hopelessly inept our culture must be at installing the most basic ethical principles if someone grows to adulthood unable to figure out in a snap that if one receives charity to pay for a child’s medical expenses, it is unethical, indeed criminal, to use the money to buy a car.

This isn’t hard, or shouldn’t be. Why is it? If the GoFundMe raised more money than is needed for the purpose donors contributed, the ethical response is to send the now un-needed fund back, with a note of thanks. (Appiah, after far more explanation and analysis than should be necessary—but he does have a column to fill—-eventually points this out.) No, you do not give the extra contributions to “leukemia research organizations,” because the donors could have contributed to those on their own, and didn’t give the money after a general appeal for all leukemia sufferers. They gave money for this particular child’s treatment. Doing as the family plans is a classic bait-and-switch. The questioner doesn’t comprehend that, either.

Then the rationalizations for theft start. “This couple have some needs that aren’t strictly related to the child’s care, like a new car.” “Strictly” is such a wonderful weasel word; it greases slippery slopes so well. Again, “The Ethicist” is forced to explain the obvious: the donors weren’t contributing to a needed car, they were giving to support leukemia treatment. If the family wants a new car, let’s see what that GoFundMe will bring in.

Which of the family’s needs couldn’t be sufficiently linked to the child’s welfare to support a rationalization for using the funds? “Am I rationalizing…?” Of course you’re rationalizing; in fact, I think even this ethically illiterate correspondent knows this is rationalizing, and is just hoping that an ethics authority will validate an unethical calculation. The tell is that she feels it necessary to add that they are only seeking a reliable car, not a Lexus. But come on. “Think of the children!”(Rationalization #58) Isn’t this desperately ill child worth, not just a reliable car, but the most reliable car?

As if any further evidence was needed that this reader of “The Ethicist”—and wouldn’t you think that if she did read the column, she might have picked up just a teeny smidgen of ethical thinking over time?—has no clue at all, we get, “[I]s it germane that they’re not extravagant and extremely honest?”

What is that, some kind of cut-rate version of the King’s Pass? Actually, it is: this is a blatant Rationalization #11A, ”I deserve this! or “Just this once!” (The King’s Pass is #11.) The theory is that ordinary, greedy, sneaky people shouldn’t use money intended to save the life of a child to get a new set of wheels, but thrifty, honest, good people deserve a little leeway.

What percentage of the population thinks like this? 25% 50%? 90%?

In his answer, “The Ethicist” does provide an unintended hint regarding how Americans end up thinking this way. Like most academics, he’s a socialist, so he writes, “It is immoral that anyone here has to borrow large sums of money for essential medical treatment, especially for a child….we need to expand the pinpoints of empathy to … light the way toward a country where health care is treated not as a privilege but as a right.” Bad Ethicist. Bad! That’s a false dichotomy, and he knows it, but he’s spouting progressive cant now. Health care is like many other human needs that we have to work and plan for as individuals, and recognize that the vicissitudes of fate sometimes turn against us. If health care is a right, surely a home, sufficient food, an education—heck, why not a graduate-level education?—a satisfying job, guaranteed income, having as many children as one’s fertility allows, child care and transportation also should be “rights.”

Why shouldn’t it be ethical to use other people’s money to get a reliable “reliable” car?

Unethical Email Of The Month: Chicago Mayor Lori Lightfoot

Lightfoot email

That obnoxious, bullying, uncivil and unprofessional memo from Chicago mayor Lori Lightfoot, is signature significance. Competent and effective managers don’t write and send memos like that, not even once. As a subordinate, I would resign after receiving such an email. As a supervisor, I would place a staffer who sent that memo on probation after requiring her to apologize to the recipient.

Chicago is one of the most difficult American cities to govern. Lightfoot is currently facing legal problems as a consequence of her discriminatory announcement that she would only do interviews with “journalists of color.” The email, just another of many pieces of evidence showing Lightfoot’s arrogance and incompetence.

This is what happens when voters elect officials based not on their management experience and revealed leadership skills, but on their gender and skin shade.

[Instapundit’s Ed Driscoll had a funny line about the email: “CHICAGO’S MAYOR MORPHED INTO JACK TORRANCE SO SLOWLY, I HARDLY EVEN NOTICED…”

This Is IT! In Charlottesville, Va.’s Schools, The Apotheosis Of The Great Stupid!

Lake Wobegon

This would be funny, if it were not so ominous. In fact, it already was funny, many years ago when monologist/author Garrison Keillor (now cancelled for alleged sexual harassment: he doesn’t exist any more) introduced the fictional Minnesota community where so many of his shaggy dog stories were set, with “Welcome to Lake Wobegon, where all the women are strong, all the men are good-looking, and all the children are above average!” [Laughter from the NPR audience.] All but the most dim-witted could get the joke in the last part, for it is impossible for everyone in any group to be above average.

Ah, but that was before The Great Stupid spread over the land like one of the Egyptian plagues in the Bible. Neither irony nor logic flickered in the brains of the Charlottesville, Virginia’s school board, which is patting itself on its mass back for the achievement of identifying 86% of its students as “gifted.” This qualifies those brilliant students for the system’s special, theoretically challenging, gifted classes.

The revelation was made during a Charlottesville school board meeting last week, and the members were thrilled. This was, obviously, impressive progress. Of course, one doesn’t have to be gifted to figure out what’s going on here. As in the memorable past cases of Washington D.C.’s rogue mayor Marion Barry telling the media that D.C.’s crime rate was pretty low as long as you didn’t count all the murders, and rogue President of the United States Bill Clinton explaining that he did not have sex with that woman, Miss Lewinsky, because oral sex isn’t sex, Charlottesville is adopting the now epidemic Rationalization #64, Yoo’s Rationalization or “It isn’t what it is.”

We had seen many signs that this was coming, notably in the efforts of New York city’s communist mayor, Bill de Blasio, to change the admission standards of the New York City’s elite specialized high schools because not enough minority students (except for Asian-Americans of course) were getting in. It is also an extension—heh, I almost said “logical extension”!—of the woke fundamentalist article of faith that skin color itself should be considered a qualification on par with, indeed above, such characteristics as skill, knowledge, achievements, experience, character and intelligence—thus resulting in Kamala Harris becoming Vice-President of the United States.

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Ethics Villains: The Boston Globe Editorial Board

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The Boston Globe has just published an editorial splashed on its website in the flamboyant style its previous owner, the New York Times, reserved for “important” declarations and propaganda like the “1619 Project.” “The Case For Prosecuting Donald Trump” is the latest installment of the Globe’s ongoing attack on former President Trump, which, of course, began from the moment he was elected. This screed is the current chapter, the sixth, in a project called, clumsily enough, “Future-Proofing the Presidency.” It is, even for the bottom of the barrel level of partisan and biased journalism that is now routine, nauseating. Even the timing of it is unethical—partisan, cynical, and embarrassingly obvious. Donald Trump isn’t President, and the Globe’s claim of fictional urgency regarding an exited POTUS is unprecedented.

Is this worse than the Globe’s stunt in 2016, when it published a fake front page showing what a future Trump Presidency would yield? Oh, I don’t know. I do know that a newspaper that would publish that would be capable of issuing an editorial this bad…and so it has!

The past week has exposed the irresponsible policy calculations of the Biden administration, notably with inflation arising as anyone could have predicted it would with a government that tosses away trillions like money is confetti. The President’s corrupt son has again come under examination, reminding us how the news media, including the Globe, deliberately embargoed information regarding his slimy activities that legitimately raised questions about “The Big Guy.” The illegal immigrant rush to the border, a surge that Democrats and Joe Biden invited, is a disaster. Kamala Harris, assigned the job of managing it, was anointed as a President in Waiting, and has demonstrated (again) how frighteningly unqualified she ,

The party the Globe works for has revealed itself as harboring anti-Semites within its leadership. The previous Democratic President has begun attacking white America and evoking the racist views of his “spiritual advisor” Rev. Wright, though candidate Barack Obama condemned such divisive views in order to get elected in 2008. Yet another false narrative the news media used to undermine President Trump’s re-election prospects was exposed as a lie this week, and the Democratic Party’s plans to enact a radical agenda without anything resembling a popular mandate by eliminating the Senate filibuster have crashed. Another IRS scandal under a Democratic President is emerging—and with all of this happening, and more, the Boston Globe’s priority is examining the Presidency of Donald Trump?

The editorial is deliberate misdirection, and desperately so. Its translation, as a whole, comes to this: “Never mind what’s going on now: wasn’t that last President horrible? Don’t you think we should get him?”

I haven’t read the previous editorials in the series, but as a lawyer, the headline was clickbait. What is the case for prosecuting Trump? The Globe’s editorial board doesn’t make it; they don’t even make a good faith effort. Unbelievably, the Globe’s indictment consists of three “crimes”:

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Dead Ethics Alarms Tales: The Cotton-Picking Assignment

How brain-dead and ethically inert does a teacher have to be to give two black students an assignment to pick cotton? The mind boggles, but this really happened, and at the cringingly politically correctly-named Sacajawea Middle School in Spokane Washington no less.

ABC News tells us that Emzayia and Zyeshauwne Feazell reported to their mother that their social studies teacher handed out cotton and told them and other students to “pick it” in a race to see who could do so it the fastest. The assignment was supposed to be a reminder that blacks were once enslaved and forced to pick cotton on Southern plantations, because nobody else is reminding black children of that fact daily and perhaps hourly.

A furious Brandi Feazell told the network regarding the incident,

“For you to pass out cotton and to my children [and tell them] that essentially, they’re going to pick the cotton clean and it’s a race of who can get it clean first, that was extremely bothersome to me and my children. Under no circumstance … do they need to be taught what it’s like to be a slave or what it’s like to be Black.”

Nor is that a valid topic for study, except in a race-obsessed culture where making certain that blacks are resentful and…wait. Right. I wasn’t thinking…

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