Ethics Heroes

Ethics (And Judicial) Hero: Federal Judge Roger Benitez

/ Jack Marshall / 15 Comments

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If one bothers to read his opinion, which most anti-gun, anti-Second Amendment zealots will not, including your outraged friends on social media, it is clear that that the U.S. District Court for the Southern District of California judge’s long overdue ruling striking down the state’s three-decade-old unconstitutional ban on so-called “assault weapons” is well reasoned, well-researched, and difficult to rebut. As usual, those who want to remove the right to bear arms from law abiding Americans (while law-defying Americans continue to do as they please) are resorting to emotion and dishonesty to argue their case.

It is unfortunate that the judge, who is not one of those evil Trump judges but a moderate appointed by President Bush II, began his opinion with an invitation to be misquoted and misunderstood. “Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment,” Judge Benitez wrote, so furious would-be gun-grabbers are aping California Governor Gavin Newsom, who tweeted,

“Overturning CA’s assault weapon ban and comparing an AR-15 to a SWISS ARMY KNIFE is a disgusting slap in the face to those who have lost loved ones to gun violence. This is a direct threat to public safety and innocent Californians. We won’t stand for it.”

This raises the question, so frequently encountered on Ethics Alarms, of whether a speaker is deliberately lying, or just stupid. In this case, it is also possible that he only read the first sentence, which is irresponsible. Benitez, as the rest of his opinion makes crystal clear, was comparing the versatility of an AR-15 to a Swiss Army Knife, not their characteristics as weapons. An important part of his opinion explains that when the California legislature banned semi-automatic rifles,it never even considered the weapon’s value for self defense, and not just as a “sporting rifle.” (The Red Sox have a utility player named Marwin Gonzalez, and I have heard him compared to a Swiss Army Knife because he can play almost any position; in other words, he’s versatile. No baseball writer has been so foolish as to mock the characterization by saying that the comparison is ridiculous because the knives aren’t alive, Gonzales isn’t Swiss, and he’s much, much bigger.) It is also a non sequitur to call a ruling based on black letter law a “slap in the face” to anyone. Not following the Constitution, as California frequently wants to do, is a slap in the face of democracy.

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Remembering The First Ethics Hero Emeritus, Sir Edmund Hillary, 1919-2008

/ Jack Marshall / 2 Comments

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This post was supposed to go up yesterday, May 29, but as has happened too often in recent months, the vicissitudes of existence got in the way of Ethics Alarms. May 29 is the anniversary of the epic moment when, at 11:30 a.m. on May 29, 1953, Edmund Hillary of New Zealand and Tenzing Norgay, a Sherpa of Nepal, become the first explorers to reach the summit of Mount Everest. At 29,035 feet above sea level, the peak of Everest is the highest point on earth. Hillary and his Sherpa guide were part of a British expedition, and the two completed their successful assault after spending a perilous night on the mountain at 27,900 feet.

Hillary’s tribute is included in the The Ethics Alarms Heroes’ Hall Of Honor, but for several years had been unavailable, unbeknownst to me, because I hadn’t connected some dots. The essay about him was a link to my 2008 post on the predecessor of Ethics Alarms, The Ethics Scoreboard, which was offline. I had forgotten that (and if anyone tried to access the article and failed, they never let me know), so the first Ethics Hero to be awarded that Ethics Hero Emeritus title was also the only such hero dishonored by my carelessness.

I apologize, Sir Edmund.

The Ethics Scoreboard is back online (and worth a visit), but I am finally putting the 2008 piece here, on Ethics Alarms, where it should have been long ago.

Ethics Hero Emeritus: Sir Edmund Hillary 1919-2008

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Ethics Half-Hero: Western Washington University

/ Jack Marshall / 3 Comments

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When it comes to colleges and universities standing up to political correctness and woke demands for intellectual non-diversity, half-heroes are still better than the norm. The norm is abject cowardice and the ethical integrity of a sea sponge.

At Western Washington University, theater students attempted to cancel the Theater Department’s fall production of “No Exit,” the 1944 existential drama by Jean-Paul Sartre. (Full disclosure: I would rather be cursed to organize a thousand sock drawers than watch or read that play again.)

A letter of protest from students echoed many of the rationalizations for censorship and political cleansing of the arts that have metastasized into serious threats to intellectual freedom and creative liberty across the nation. Not to keep you in unnecessary suspense, the school did not cave to the student demands, nor grovel an apology for daring to arouse their ire, as most colleges (and high schools) would do today. “No Exit” will still be produced in the Fall. The school still only gets a half-hero rating for its verdict of no exit from “No Exit,” however, because it has agreed to provide “trigger warnings” for audience members.

As to the latter: Yecchh. By capitulating to this degree, the school has allowed the camel’s nose of faux ideological trauma into the metaphorical tent of the arts. Art, especially performance art, is intended to provoke strong reactions by introducing new and unexpected experiences and ideas into the unique dynamic of an audience. Someone who is so emotionally (read “politically programmed to be..) fragile that they have to be warned so they can avoid uncomfortable, jarring or, more frightening yet to crypto-totalitarians, non-conforming ideas should avoid the theater, like a tone deaf man who only appreciates commercial jingles should avoid the opera. By pandering to this part of the student demands, the school has abandoned a crucial principle without which theater cannot survive.

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Ethics Hero: Chicago Tribune Reporter Gregory Pratt

/ Jack Marshall / 11 Comments

Gregg Pratt

This was a pleasant surprise. Right before taking Spuds out for his afternoon jaunt, I read the jaw-dropping story that Chicago’s Democratic Mayor Lori Lightfoot had announced via a spokewoman that she would now grant interviews only to “journalists of color.” This was such flagrant bias and racism by Lightfoot that journalists were reluctant to believe it. But it was and is true.

As I strolled with my over-enthusiastic dog, trying to keep him from leaping to greet strangers, eating cicadas and pulling me over in his joy in being alive, I mused, “Now, if Hispanic and black reporters have any integrity at all—which is in question, since journalists in general lack integrity today—they will reject Lightfoot’s blatant discrimination, and make it clear that she will either grant interviews irrespective of race and ethnicity, or Chicago’s reporters will not interview her or anyone speaking for her at all.”

All news organizations, local and national, also have an ethical obligation to emphatically condemn Lightfoot’s divisive and un-American policy. I also wondered, as I tried to stop Spuds from rolling in the grass like Teri Garr rolling in the hay in “Young Frankenstein” (“Roll, roll, roll…”), how did the United States end up with so many unethical, incompetent mayors? New York City, Portland, Minneapolis, Washington, D.C., Seattle, Chicago, Atlanta—it’s like a horror movie.”

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Undercovers Ethics, 4/27/21

/ Jack Marshall / 20 Comments

Well, here I am trying to write a post in bed. This never works our well, but it’s this or nothing. I have clients waiting, my dog is mad at me for not walking him on a gorgeous day, and I wish I could just soldier through it all. I can’t, though, and feel like an utter failure. I’ve in pain in more than one location, a lower back strain being the latest addition, I’m in the midst of an allergy attack, and all the drugs have made me nauseous and dizzy. But ethics waits for no one, and it certainly isn’t going to wait for the likes of me.

1. This is what “systemic racism” propaganda produces…an op-ed by a civil engineering student from the University of California, Los Angeles, written for the the College Fix documents some of his discussion with the woke-infected on campus. He says he recently took part in an online debate about “systemic racism” during which some UCLA students complained that automatic soap dispensers are racist. One student said the dispensers “don’t see her hands” because of her dark skin. Another student claimed that the dispensers force “black and brown” people to show their palms, “the only light areas of the skin,” before the liquid soap comes out.

Both students are delusional, but this is how the current “racist America all the time everywhere” makes gullible and insecure blacks paranoid and miserable.

2. Blame Mitch McConnell for the “court packing” rationalizations. Last week, a Georgetown law student—poor bastard— confronted Senator Ted Cruz (R-Texas) when he accused Democrats of making a “power grab.””You didn’t see Republicans, when we had control of the Senate, try to rig the game. You didn’t see us try to pack the court,” he said. The law student protested, “How is court packing any different than what the Republicans did in 2016 and 2020?”

“We filled vacancies, that’s not packing the court,” Cruz insisted, as the law student insisted there was no difference between what Republicans refusing to consider President Obama’s nomination of Merrick Garland to replace Justice Scalia, did and what Democrats are now trying to do by expanding the court. “They’re doing something that’s allowed under the Constitution,” the student countered. “It’s not an obstruction to the rule of law if it’s in the law.”

Ugh. Mitch McConnell’s unethical—not illegal—gambit to bury the Garland nomination under a contrived election year rule may have worked, but Republicans will be suffering for it for generations—and they deserve to. No, what the GOP did wasn’t “court packing,” which has had a specific, well-understood meaning since FDR tried it. But the laws student is already adept at the progressive craft of redefining words and concepts to meet whatever goal they are seeking to justify at the moment.

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Ethics Hero: Naomi Wolf

/ Jack Marshall / 10 Comments

Naomi-Wolf

Acclaimed feminist and card-carrying progressive Naomi Wolf has become the latest of a an insufficient but growing group of principled liberals and Democrats who are risking their careers, reputations and incomes to sound the alarms about the relentless assault on democracy and American values being waged since 2016, using the election of Donald Trump as a justification.

In a powerful essay on the AEI website (presumably no leftist site would touch it) she focuses on how the pandemic has been exploited to strip American of rights and freedoms. This effort has been almost entirely the work of the political Left. Wolf writes in part,

In the United States we now have:

  1. Emergency measures in many states, which suspend due process of law. This is the hallmark of a police state. Covid-19 is invoked as the reason for the introduction of emergency law – but there is no endpoint for lifting these emergency laws.
  2. The closures of schools, which break the social contract with the next generation.
  3. Bills being passed for “vaccine passports,” which bypass the Fourth Amendment to the constitution by allowing the government and Big Tech companies to intrude on medical privacy and to create a comprehensive digital surveillance state. 
  4. Forced closures of businesses. By intervening directly in the economy and allowing certain businesses to flourish (Amazon, Wal-Mart, Target) at the expense of small businesses, Main Street shops, restaurants, and sole proprietor businesses in general, the State has merged government and corporations in a way that is characteristic of Italian fascism, or of modern Chinese communism. (Indeed the fact that tech stocks rose by 27% in one quarter of the pandemic shows one driver of this war against human freedoms and human society: every minute human beings spend in a classroom, at the pub or restaurant, or in a church or synagogue, is time that tech companies lose money by being unable to harvest that data. Covid policies driven by “Covid-19 Response” – tech companies – ensure that humans are not allowed to connect except via digital platforms. The reason is profit as well as social control). 
  5. Restrictions on assembly. Some states such as California are fining people for seeing their friends in their homes, and making it unlawful for kids to have playdates with their friends. Massachusetts restricted gatherings of more than ten people at a time, forcing synagogues and churches to stay closed, in spite of a Supreme Court ruling against states forcing churches to close. Parks, playgrounds and beaches have been closed off. In countries such as Britain, people are fined for leaving their homes for more than an hour’s exercise a day.
  6. Forced face coverings. In Massachusetts, people are fined if they are not wearing masks outdoors – even children as young as five are forced to do so by law. Again this mandate has not been undergirded by peer-reviewed studies showing medical necessity; and there is no endpoint proffered for these extraordinary violations of personal freedom.
  7. Suppression of free speech. Big Tech companies are censoring critics of Covid policy and vaccine policy, as well as censoring views that are on the right hand of the political spectrum. “Incitement,” a word that has a long history in the 20th century for closing down free speech, has been weaponized by the left to shut down First Amendment freedoms of expression. In other forms of censorship and management of speech and public debate, tycoons such as Bill Gates have been funding major news outlets, with millions of dollars directed to “Covid education.” As a result, dissenting voices are marginalized and shamed, or even threatened with legal action or job losses. 
  8. Science has been hijacked in the interests of “biofascism.” By heavily funding scientific commentators such as Dr Fauci in the United States, Imperial College and SAGE in the UK, and Dr Christian Drosten in Germany, a dominant set of policies and pronouncements about Covid that benefit a small group of bad actors – notably tech and pharmaceutical interests, acting in concert with governments – have had secured credentialled supporters. But when other scientists or institutions seek debate or transparency, they are threatened with job loss or reputationally attacked, as in the case of Dr Simon Goddeke of the Netherlands, who was told to keep quiet by his university, when he challenged the flawed Covid PCR test protocols. 
  9. Data have been hijacked to serve the interests of this biofascism. This manipulation of truth, which I foreshadowed in The End of America, is typical of the Soviet censors. Covid platforms such as Covid19tracking and John Hopkins University, funded by technocrats such as Michael Bloomberg, serve unverifiable Covid data that directly affect the stock markets. Again, while this un-American merger of corporate interests and public policy is reminiscent of Italian Fascism, the twist provided by digital data presentation and its relationship to the stock market is very much of the 21st century. 
  10. Attacks on religious minorities. The orthodox Jewish community in Brooklyn, and Christian churches in California, have been singled out for punishment if they do not follow Covid rules – a targeting of religion that is characteristic of Communist policies on the left, especially in China. 
  11. Policies that weaken bonds between human beings and weaken the family have been introduced and policed. This is the most serious development of all.

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Ethics Hero: Dave Cieslewicz. Sort Of…

/ Jack Marshall / 13 Comments

Mayor Dave

Dave Cieslewicz is an ex-mayor of Madison, Wisconsin, one of the more super-woke college towns, though they are all super-woke these days. Avid reader and commenter Steve Witherspoon nominated him for the Ethics Hero honor because he wrote a recent post on his blog rejecting Critical Race Theory. I initially misread Steve’s email to say that the post was from the current Madison mayor. Now that would have been courageous: students with pitchforks and torches would have gathered outside her home the second such a post hit the web. No, Cieslewicz, a he not a her, was mayor a decade ago, long before the shadow of The Great Stupid fell across the land.

I have some trouble designating anyone an ethics hero for stating what should be obvious to anyone with two neurons to rub together. Dave Cieslewicz calls himself a moderate, which only shows what is regarded as a moderate in Madison: he’s a hard progressive in almost every respect. He’s just not a racist, anti-American progressive, the most visible species in 2021.

Does not being an anti-white racist and saying so out loud in a hotbed of Marxism like Madison qualify someone as an Ethics Hero now? I guess so.

That’s depressing. I thought Ethics Heroes were supposed to lift our spirits.

Cieslewicz writes in part,

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Mid-Day Ethics Alarms, 3/22/2021: A Wonderful Father And A Judge Sees The Light, Though Others Not So Much…

/ Jack Marshall / 6 Comments

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1. Spitballing ethics? When everyone is throwing out ideas—you know, “Just say whatever crazy thing pops into your head, don’t worry whether it’s a good idea or a bad idea, just let ’em rip!” is it fair later to hold someone to account because a discarded idea was offensive or politically incorrect? I tend to think not.

Hiroshi Sasaki, the creative director for Tokyo Olympics, was participating in a brainstorming session about the opening ceremony with members of a committee a year ago, and at one point suggested that a popular overweight female Japanese comedian and plus-size fashion designer, Naomi Watanabe, be costumed in pig ears, perhaps a snout and curly tail, and parachute out of the heavens as an Olympic messenger: “Olympig.”

No? OK, bad idea. Let’s move on. The inspiration received immediate negative reviews in the private meeting, but when the president of the Tokyo Olympic organizing committee, Yoshiro Mori, 83, resigned this year after saying that women talk too much in meetings, the year-old conversation about “Olympig” was recalled in an article on the website of “Shukan Bunshun,” a weekly magazine. Yes, one of Sasaki’s trusted colleagues had talked. (That’s an easy call: Unethical.)

So you know what comes next, right? Groveling. “Now many people know what I wrote. I cannot apologize enough to Ms. Watanabe,” he said, adding that he was a big fan of hers. “I have been trying not to hurt others by making fun of diversity, gender and physical appearances. But it was a great misunderstanding. I realized my low consciousness and insensitivity.” He resigned.

Now you know that at least for now, when someone says to just suggest whatever pops into your head, no filters, no fear, don’t.

On the positive side, it’s comforting to know that The Great Stupid isn’t just an American phenomenon.

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Ethics Hero Emeritus: Shelia Washington, 1960-2021

/ Jack Marshall / 9 Comments

Shelia Washington

Shelia Washington is a sterling example of how a dedicated, passionate citizen can repair gaping wounds in history and law.

Washington died last month, but not before fulfilling a self-assigned mission. She accepted that mission at the age of 17, when, as a native of Scottsboro, Alabama, she found a book hidden under a mattress at her home while she was doing some cleaning. Her stepfather told her to hand it over. “You don’t need to know about that,” he said. “Just keep quiet about this now.” The book was “Scottsboro Boy,” a 1950 memoir by Haywood Patterson, an innocent young man who was convicted four times by all-white juries and sentenced to death three times.

Washington did not obey her stepfather. To the contrary, Washington set out to obtain posthumous justice for the nine young black men known as The Scottsboro Boys, who were falsely accused of raping two white women in 1931. They were subjected to many trials at the height of the Jim Crow era, two reaching the U.S. Supreme Court. The ugly story of the Scottsboro Boys became the country’s most sensational civil rights case up to that point. Their tragic story later inspired feature films, documentaries, a Broadway musical, and was a factor in shaping the plot of Harper Lee’s 1960 novel, “To Kill a Mockingbird.”

Yet how many Americans today can tell you anything about The Scottsboro Boys?

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