Ethics Quote Of The Month: D.C. Circuit Court of Appeals Senior Judge Laurence Silberman

“The latest events at Yale Law School in which students attempted to shout down speakers participating in a panel discussion on free speech prompts me to suggest that students who are identified as those willing to disrupt any such panel discussion should be noted. All federal judges—and all federal judges are presumably committed to free speech—should carefully consider whether any student so identified should be disqualified for potential clerkships.”

—Judge Silberman in a letter to his fellow judges, in reference to the disruption of a March 10 panel at Yale Law School that was intended as a debate over civil liberties  hosted by the Yale Federalist Society. About a hundred students attempted to prevent the panel and Federalist Society members in attendance from speaking.

Well, you know: Yale. Equally disturbing, perhaps, was that Ellen Cosgrove, the law school’s associate dean, attended the panel, was present the entire time, and did nothing to restrain the protesters nor remind them of their ethical duties.

The school has a policy that specifically condemns such speech-chilling conduct, but more than 10 days after the event, no consequences appear to be forthcoming for the privileged and arrogant thugs who are going to be entrusted with the task of protecting future attacks on Constitutional liberties.

In an editorial endorsing the judge’s suggestion, the Wall Street Journal wrote in part,

Some readers may think these students should be forgiven the excesses of youth. But these are adults, not college sophomores. They are law students who will soon be responsible for protecting the rule of law. The right to free speech is a bedrock principle of the U.S. Constitution. If these students are so blinkered by ideology that they can’t tolerate a debate over civil liberties on campus, the future of the American legal system is in jeopardy.

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Ethics Quote Of The Month: Prof. Michael Ignatieff

“Lincoln should be with us all these days especially since ‘malice toward none’ has been replaced by malice toward all, as if in our ideological arrogance we have forgotten that neither God nor justice is necessarily on our side.”

-Philosophy scholar Michael Ignatieff, Ph.D. professor at  Central European University in Vienna, Austria, in his recent book, “On Consolation,” his examination of how figures in history, literature, music, and art searched for solace while facing tragedies and crises.

In a chapter devoted to Abraham Lincoln’s Second Inaugural Address, delivered in March 4,1865, near the end of the Civil War and with his own assassination six weeks away, Ignatieff explains that Lincoln concluded that “neither side could ever know what God intended by the fiery trial,” so “the victor had no right to raise the sword of vengeance while the defeated had the right to claim the dignity of honorable defeat. Humility about the ultimate meaning of the war, in other words, created the space for mercy.” Continue reading

Unethical Quote Of The Month: Ex-NY Governor Andrew Cuomo

“If you want to cancel something, cancel federal gridlock, cancel the incompetence, cancel the infighting, cancel crime, cancel homelessness, cancel education inequality, cancel poverty, cancel racism.”

—-Disgraced Democratic ex-NY Governor  Andrew Cuomo, speaking at a Brooklyn church and claiming victim status in the “cancel culture.”

Wow.

This goes right into the Ethics Alarms “What an asshole!” file. It’s sickening virtue signalling (Hey look everyone! I’m against all these bad things! How can you not love me?) combined with throbbing demagoguery—not one of those problems can be “cancelled,” and he knows it—mixed with misdirection. We can and should cancel corrupt, abusive, bullying, ruthless sexually harassing men like Cuomo by finding them unfit to hold positions of influence and power, then kicking them out of public favor and their jobs permanently, because they are not worthy of trust.

Cuomo isn’t quite the monster Harvey Weinstein is, but his protestations ring just as offensively as they would coming from Harvey, who was, after all, just a Hollywood producer. Cuomo was entrusted by his state’s citizens with their welfare. Nobody, not even Harvey, deserves to be “cancelled” more than he does.

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Pointer: Althouse

Serious Question: What Kind Of Person Would Want Someone To Be U.S. President Who Would Consider Something Like This…

…never mind say it out loud?

During a speech to donors in New Orleans, Louisiana a few days ago, Donald Trump actually, really, honest-to-goodness said that maybe the U.S. could trick Moscow and Beijing into fighting each other by disguising its F-22 fighter jets with Chinese flags “and bomb the shit out” out of Russia! “And then we say, China did it, we didn’t do, China did it, and then they start fighting with each other and we sit back and watch.”

Oooh, good plan!

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Ethics Quote Of The Week: Actor Tim Considine (1940-2022)

“Thank God there’s no justice in this world.”

Disney and “My Three Sons” actor Tim Considine, who died last week at age 82, in an interview quoted in his New York Times obituary.

Considine was referring to his success and rich experiences in life, which he felt were relatively undeserved. He did not regard himself as especially talented or ambitious.

The more I ponder his statement, the more profound I think it is. Understanding that there is no justice in the world is a necessary predicate for committing to an ethical life for the right reasons. Society needs as many people as possible striving to be good, having their lives exert a net benefit on others, and being exemplars of ethical values as often as they can. These habits and objectives must be committed to while fully understanding that they only collectively and on balance result in desirable results, and sometimes not even that. Continue reading

Ethics Quote Of The Week: Criminal Defense Attorney Scott Greenfield

“A perpetual concern, particularly in criminal defense, is that the next generation of lawyers will lack the skills needed to do their job, to zealously represent their clients. They struggle to tolerate the language we encounter in the ordinary course of our work. They are blinded by hatred of their prosecutorial adversaries, the law enforcement witnesses, the judge who denies their pleas for “justice.” Can they mount effective arguments against their clients if they can’t tolerate hearing arguments with which they disagree?”

—Criminal defense lawyer Scott Greenfield, on his blog “Simple Justice,” reacting to the law students at UC Hastings shouting down Georgetown Law professor Illya Shapiro, who was supposed to be engaging in a civil debate with a Hastings professor.

Ethics Alarms discussed the Hastings incident here [#4]; I should have probably made a solo post of it, because as Greenfield correctly points out, it has wider implications. Later he writes,

The reaction to these students was split, with many woke law students and baby lawyers applauding their action while more experienced lawyers were appalled at what they viewed as a failure of a law school, of law students, to demonstrate the minimal capacity to engage in the manner that will be expected of them as lawyers. If tactics like this are what law students deem acceptable, will they ever be capable of being lawyers?

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Unethical Quote Of The Month (With Bonus “What An Asshole!” Points): Joy Behar

“You know, you just, you plan a trip, you wanna go there. I’ve wanted to go to Italy for four years and I haven’t been able to make it because of the pandemic, and now this, you know?”

—“The View” co-host Joy Behar, explaining why she was upset about Putin’s invasion of Ukraine.

The full exchange:

Co-host Sonny Hostin: “Estimates are 50,000 Ukrainians will be dead or wounded and this is going to start a refugee crisis in Europe,”  said. “We’re talking about 5 million people that are going to be displaced. It’s heartbreaking to hear what is going to happen.”

Behar: “Yeah, I’m scared of what’s gonna happen in Western Europe, too. You know, you just, you plan a trip, you wanna go there. I’ve wanted to go to Italy for four years and I haven’t been able to make it because of the pandemic, and now this, you know? It’s like, who’s gonna, what’s gonna happen there?”

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Ethics Quote Of The Week: Naomi Wolf

“It is alarming that our own President has not spoken out against Justin Trudeau’s militaristic power grab, or against his violence against peaceful protesters using their lawfully protected freedoms of speech and assembly. It is even more alarming that the Biden administration is seeking to extend our own state of emergency.”

Naomi Wolf, on her substack newletter, in a post called “The Fall of Canada, The Danger in the US.”

You should read it all. Wolf is troubled by the continuation of the “state of emergency” in the U.S. regarding the pandemic, which she weaves into her protest about the dangers of martial law and the risks when democratic nations start justifying dictatorial powers.

I ran across her piece as I was preparing to write a post titled, “Stop Making Me Defend Justin Trudeau.” The trucker protest may involve free speech, the right to protest and the right to assemble; I guess it is peaceful, or was until Trudeau called in the cops. However, no protest is lawful if it involves breaking laws, and using huge trucks to block highways and commuter access to where they need to go is not legal anywhere. Geraldo Rivera and Sean Hannity got into an angry tiff last week, which Hannity telling Geraldo that his criticism of the trucker protest was an affront to liberty and human rights, and Rivera responding that innocent people and businesses were being harmed by the protest, and it needed to end. For one of the first times in my life, I’m with Geraldo. Continue reading

I Hereby Solemnly Pledge, With My Hand On My 1967 Boston Red Sox Yearbook Turned To The Photo Of Tony Conigliaro, That I Will Vote For All African-American Politicians, Regardless Of Policies Or Party, Who Declare That They Will Not Exploit Racial Divisions, And Will Never Blame Criticism, Justified Or Not, On The “Racism” Of Their Critics

That politician would not be new New York Mayor Eric Adams.

Adams yesterday ranted at reporters for not being sufficiently laudatory regarding his performance so far in his still-young term. “If you want to acknowledge or not, I have been doing a darn good job and we just can’t live in this alternate reality,” Adams fumed. To what does the Democrat attribute what he says is this lack of appreciation? Of course!

“I’m a black man that’s the mayor but my story is being interpreted by people that don’t look like me. How many blacks are on editorial boards? How many blacks determine how these stories are being written? How many Asians? How many East Asians? How many South Asians? Everyone talks about my government being diversified, what’s the diversification in the newsrooms? Diversify your newsrooms so I can look out and see people who look like me.”

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Ethics Hero (“Socking It To Georgetown University” Div.) #2: Federal Judge James Ho

As a graduate and former employee of Georgetown Law Center (and, though I say it myself, a living legend there), I have found the recent disgraceful episode where conservative scholar Illya Shapiro was suspended by the Dean at GULC for a tweet expressing the view that President Biden’s announced plan to make race and gender his primary criteria for filling Justice Breyer’s soon to be vacant seat on the Supreme Court particularly discouraging. (My JD diploma was already face to the wall for previous embarrassments, however.) I have been particularly disgusted by the failure of the GULC faculty to speak up in support of Shapiro in public, though other academics across the country have done so.

Thus it was with particular pleasure that I learned how Judge James Ho of the Fifth Circuit Court of Appeals, slated to speak at GULC yesterday on “Fair Weather Originalism: Judges, Umpires, and the Fear of Being Booed,” saw the obvious relevance of his topic to Shapiro’s ordeal and shocked his hosts by giving a different lecture than the one announced. He said in part,

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