Ethics Train Wrecks

Tuesday Ethics Tidbits, 8/18/2020: Michelle Lies, The Convention Dies, An Ethicist Is Unwise, And A Red Sox Fan Cries

/ Jack Marshall / 16 Comments

1. Loyalty dilemma. I have deliberately refused to watch the last two Red Sox games against the Yankees. This, for me, is high treason. For more than 50 years, I have supported the team through its darkest hours, thus entitling me to take special pleasure during its greatest triumphs. There was stretch of 15 years, many of them with dreadful Red Sox teams,in which I watched, attended or listened to every game, even when it required standing on a chair while holding the radio to the ceiling, as Lithuanian folk music broke into the broadcast without warning. However, the current edition looks like it has quit. I get it: the team lost its manager, Cheatin’ Alex Cora. It had to trade its best player, Mookie Betts, to the Dodgers because he was determined to sell his services to the highest bidder after this season.  The team’s ace, Chris Sale, is out for the year after arm surgery; last season’s biggest winner got a heart infection from the Wuhan virus and has to sit out the season as well. The team traded last season’s #2 starter because he was absurdly overpaid, and let the #3 sign with the Mets because he was a poor gamble at 20 million a year. Even with all that, the team figured to be competitive because it had, or was supposed to have, a dominant offense. Yet the Red Sox have the worst record in baseball, even worse than the Marlins, who lost half its squad to the pandemic, and with only 40 games left, things aren’t going to turn around.

It’s not the losing I mind: I’ve endured that before. I love baseball: watching your team  lose games can still be exciting and fun. But the Red Sox players look like they’re just waiting for this strange, shortened, season without fans and with piped in crowd sounds to end. Why should I watch that, when it take three hours out of my day, the team is behind by 5 runs by the fourth inning in every game, and watching is less fun than “Full Frontal with Samantha Bee”?

And I’m not even considering the giant “Black Lives Matter” banner across the Fenway Park center field bleachers…

Or, having derived so much wisdom, perspective, diversion and joy from Boston’s iconic team throughout my life, am I obligated to stay the course, even if it is just one more thing to make me miserable?

2. No. Just no. Ethics professor Parker Crutchfield is troubled that everyone won’t follow Wuhan virus protection measures, writing,
Continue reading →

Comment Of The Day: “Open Forum On Zoom Day!” (Mail-In Voting Thread)

/ Jack Marshall / 10 Comments

As veteran visitors know, there is little that thrills me more than when a commenter tackles a topic that I know I need to write about, saving me the trouble of researching and writing a post. Thus I am grateful to Chris Marschner (as well as others who discussed the issue on yesterday’s Open Forum) for this Comment of the Day on the annoying mail-in voting controversy, which, I venture, the Democrats are using to give them an automatic excuse to challenge the results of November’s elections, or, in the alternative, to be able to claim that the President is “refusing to accept the results of the election” should he lose in the midst of dubious handling of the mail.

The USPS has been in a state of progressive rot for decades, one the internet made it almost, but not quite, obsolete. The service bleeds money, is progressively more unreliable, and now is an extremely expensive operation that the nation can’t afford. Our local post office was closed years ago. I literally cannot remember the last time anyone in the house got a personal letter. (The closest was the various official correspondence from the pathetic Ethics Alarms commenter who sued me, demanding $100,000 for defamation.) Christmas cards, junk mails, government mail, and bills, along with the occasional check if it is  lucky enough to be delivered at all. To suddenly demand that the U.S. mail must be used to facilitate voting in a crucial, perhaps existential election like the upcoming one is so cynical or foolish—Hanlon’s Razor again—that it boggles the mind (if one has a mind) that anyone would fall for it. 

We are, unfortunately, in the era of Facts Don’t Matter.

For some time, the USPS has epitomized the slogan, “Can’t live with it, can’t live without it.” If the U.S. relies on the mail for this election, it will simply be “Can’t live with it.”

Here is Chris Marschner’s Comment of the Day on the post,  “Open Forum On Zoom Day!”:

Between 2011 and 2016 200,000 mailboxes were moved. Those getting the vapors over logistical decisions on mailbox placement are using a normal activity and concocting an unfounded conspiracy theory.

Lest we not forget,  states run elections. Why does the federal government have to pay for a choice pushed by the party that believes it can make political hay from demanding it? Nothing stops people from requesting an absentee ballot. I intend to vote in person as I did in the primary. Voting in person is no more dangerous than going to WalMart.

Back to the mail: All boxes are subject to be moved if they get an average of only 25 pieces each day. If poor people are sending lots of mail then they will get more boxes. If they don’t send mail then they can hand their mail to a postal employee. I am getting tired of the argument that poor people have no choices other than the one that makes them do something else. If a low income person works, take the ballot and put it in with the business mail or in the outgoing slot. If they don’t work, then wait for the carrier and give it directly to them. Failing this, if they are so concerned about being disenfranchised they can get off their ass and walk or take a bus to a post office. Continue reading →

Censorship, Indoctrination And Intimidation Watch, Part 2

/ Jack Marshall / 2 Comments

In Part I, I discussed an example of an individual being fired for his expression of an unpopular political opinion on a personal platform. As I mentioned there, this is a recent phenomenon of great concern to Constitutional Law Professor Jonathan Turley. as expressed on his blog and elsewhere, such as his recent testimony in the Senate about the erosion of free speech and academic freedom in  universities . The Ethics Alarms post was originally supposed to highlight examples of this ominous phenomenon highlighted by Turley, and then events overcame both Turley and Ethics Alarms, as another egregious example  arose that Turley hadn’t yet covered.

Since I offered Part I, Turley’s assault on institutions intimidating individuals based on the content of their speech continued. Here, he objected to Dartmouth’s faculty and student body attempting to silence the Dartmouth Review, and independent campus newspaper that has been a voice from the Right on the liberal campus for decades. He wrote in part,

[O]ver 1000 students and faculty members have signed a letter to the Dartmouth Board of Trustees to disassociate the school from the conservative student newspaper, the Dartmouth Review. The letter accuses the newspaper of “hateful ideologies” and “racist” columns, including one cited column objecting to the careless use of the word “racist.” … [T]he reason stated by the organizers to move against the newspaper [was] in part because of a recent controversy involving an alumni who resigned from Fox News…the organizers admit that they decided to move against the newspaper as a way to responding to the controversy surrounding the resignation of a Fox producer with Tucker Carlson. Blake Neff is a 2013 graduate of Dartmouth and Review alumni. He was found to have written a series of bigoted anonymous comments.

…. [T]he idea of the letter to force the Board to prove its antiracism by attacking the newspaper, which had no role in Neff’s misconduct:  “We thought, how can the senior leadership of Dartmouth, President Hanlon and the trustees write this letter to every member of the community, and then continue in silent complicity with a publication that since its inception has consistently been an incubator of racist hate and white supremacy?”

…The failure [to] actively target the newspaper is now viewed as de facto tolerance for racism even after the school issued a letter proclaiming its support for Black Lives Matter.

…As a blog committed to free speech issues, the concern over this controversy is obvious. There are routinely over-heated rhetoric in college newspapers including many reckless statements from faculty and students on the left. We have defended many of those speakers and writers.  However, the first response of many Dartmouth graduates to the Neff story was to seek to attack the leading conservative newspaper on campus in part for its prior association with Neff.

… What is being lost in such moves is the diversity of thought on campus…. they are seeking to pressure the university to marginalize students who want to participate in these debates from a conservative viewpoint.

Continue reading →

Open Forum On Zoom Day!

/ Jack Marshall / 34 Comments

Ugh. I have a Zoom seminar  on legal ethics to give today, which means dry runs, tech checks, and anxiety. I’ve concluded that I detest Zoom programs. You can’t read your audience, and for all I know they are doing crossword puzzles. Managing notes is awkward, graphics don’t look very good, and neither do I.

I  intend to be pantless as my silent protest against the whole fiasco.

Since I have no idea how and when posts will be emanating from 2707 Westminster Place, I’m opening up another Open Forum. As always, keep your commentary on topic (ethics and leadership), civil, witty, and substantive.

Now I’m going to review my notes…

From The Great Stupid: Ethics Dunce Michael Dempster, Brewer, Bigot [Corrected!]

/ Jack Marshall / 15 Comments

Seattle-based brewer, Michael Dempster owns Mirage Brewery. In June, Mirage launched a brew  called “Choosey Lover.”  Dempster directed that every  can include a stamp that reads “ACAB means all cops.”

ACAB  is a very old anti-police acronym meaning “all cops are bastards.”

Dempster told KIRO 7 TV,

I used the markings because I stand against institutional racism, of which modern policing is a militarized arm…It’s not about individual police officers, it’s about a system. But I think to the casual observer, it seems like an attack on individual police officers, all cops.

Ah! So you’re a bigoted idiot, then! Thanks for the clarification! You say “all cops,” but you don’t mean all cops, though you acknowledge that the “casual observer,” meaning someone who can read and understand English, might think that by “all cops” you mean “all cops,” when you really just mean “the system.”

In short, you’re an idiot. Good to know. Continue reading →

Discrimination Against Asian American Students Is Discrimination Against Asian American Students: Why Is This Even Debatable?

/ Jack Marshall / 17 Comments

The Trump administration has  fingered  Yale as discriminating against Asian-American and white applicants, just as an Asian-American student group had made the same claim in lawsuits against Harvard, the University of North Carolina at Chapel Hill, and a recently filed case against the University of Texas at Austin. A federal judge ruled in Harvard’s favor last year, but i do not believe the decision will stand up on appeal, since it is dishonest and illogical. The Trump Administration is supporting the plaintiffs as it should…as everyone should.

I wrote about the Harvard decision here.  As you would expect, the analysis differs not at all from the ethics verdict regarding Yale’s discrimination, which is similarly indefensible. Also as you might expect, the “it isn’t what it is” rationalization (#64!) is rampant while the usual suspects try to defend it now, when the Black Lives Matter mob is demanding discrimination in favor of African Americans in all things—hiring, promotions, ring, college admissions, arrests, prosecutions, casting, honors, running for Vice-President—as if that is anything but racism, flat-out.

The New York Times–of course–is and will be embarking on a course of trying to obscure the obvious right and wrongs of the situation, as well as engaging in some ethics  jujitsu to make out the Trump Administration and anyone who thinks that no discrimination on the basis of race means no discrimination on the basis of race  as racist villains.  In this article, for example, the Times attempts or enables several dishonest arguments to discredit what should be self-evident, including… Continue reading →

Saturday Ethics Warm-Up, 8/15/2020: Of Cancellations, Retractions, Rants, Lies And Signs

/ Jack Marshall / 20 Comments

Never mind the small talk; let’s get to it.

1. Hmmm…What’s going on here?  New York officials originally decided to cancel  “‘Tribute in Light,” the  twin beams that shine over lower Manhattan as part of the annual  9/11 commemoration. The National September 11 Memorial & Museum, which oversees the installation, said in a statement this week,”This incredibly difficult decision was reached in consultation with our partners after concluding the health risks during the pandemic were far too great for the large crew required to produce the annual ‘Tribute in Light.'”

The announcement caused widespread puzzlement. How large could the necessary crew have to be? Geraldo Rivera opined on Fox News that the decision was political, as Democrats sought to “make everybody miserable” so President Trump could be blamed. That theory was quickly picked up by others, along with complaints from New Yorkers that the popular memorial celebration was cancelled for no good reason.

Then, today, New York officials made a U-turn. “Honoring our 9/11 heroes is a cherished tradition. The twin towers of light signify hope, resiliency, promise and are a visual representation of #NewYorkTough,” Cuomo said. “The virus has taken so much and so many. But now the tribute will continue.”

2. Now THIS is Trump Derangement! When did it become considered acceptable and professional for news anchors and public events show hosts to behave like this?  MSNBC “Morning Joe” co-host Mika Brzezinski went on an extended, fanciful, hateful anti-Trump rant on yesterday’s broadcast. Here’s a transcript of a supercut video featuring the bulk of Mika’s meltdown: Continue reading →

Among All The Smoking Guns Showing The Mainstream Media’s Willingness to Lie Outright To Impugn President Trump, This Might Be The Smokingest

/ Jack Marshall / 23 Comments

Here’s a sequence from yesterday’s news conference:

Watch it, please. Here’s a summary of what transpires:

Step 1.:  A reporter asks the President about his thoughts on the theory floated by a Constitutional law professor in Newsweek that Kamala Harris shouldn’t be considered a ‘natural born citizen” and thus technically isn’t eligible to be Vice-President or President.

Step 2: The President offers no opinion on it whatsoever, and makes it clear he didn’t read the article (who reads Newsweek?). He says 1) he heard about it 2) it is his understanding that the author is a genuine authority 3) he doesn’t know what the guy actually argued (Trump asks the reporter if the problem is that Harris “wasn’t born” in the U.S.)

Step 3.The reporter quickly summarizes the professor’s point.

Step 4. The President says, first, that he has no idea if the professor’s claims are right, and  concludes by saying he “doesn’t know about it” that he “just heard about it” and will “take  a look.”

And Step 5?

CNN headlines, “Trump promotes another birther lie, this time about Kamala Harris”

Reporter Daniel Dale, Holmes Lybrand and Tara Subramaniam, wrote,

” President Donald Trump spent years pushing lies about the birthplace and presidential eligibility of President Barack Obama, the first Black president. On Thursday, he started floating a new birther lie about Sen. Kamala Harris, who, if elected, would be the first Black and Asian American vice president. Trump’s incendiary nonsense about Harris was part of a Thursday self-described “news conference” he largely used to campaign against his Democratic election opponents…”

Three reporters wrote this completely false story, and CNN published it!

Let’s count the lies: Continue reading →

Is Senator Harris Technically A Natural Born Citizen? At This Point, What Difference Does It Make? [Corrected and Updated]

/ Jack Marshall / 24 Comments

(That’s the late, great Professor Irwin Corey, a famous walking, double-talking comedy spoof of professors. His theories are approximately as valuable as the topic of this post.)

Chapman University constitutional law professor John Eastman has a controversial essay in  Newsweek analyzing whether Sen. Kamala Harris is eligible to become Vice president (or <cough> President) since her parents may not have been U.S. citizens when she was born.

Eastman’s theory is that the Twelfth Amendment’s language saying “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States” combined with Article II of the Constitution’s requirement that  “[n]o person except a natural born citizen…shall be eligible to the office of President” raises legitimate questions about Harris’ eligibility.

Harris’s father and mother were born outside of the United States and neither was a naturalized citizen at the time of Harris’s birth in Oakland, California. (I did not know that! Did you know that Pat Venditte was the first Major League pitcher who regularly throws both right-handed and left-handed? ) If, Eastman, claims, Harris’s parents were not lawful permanent residents at the time of her birth, then she isn’t a natural born citizen.  Along with a minority among constitutional scholars, Eastman believes the 14th Amendment doesn’t say that all persons born in the U.S. are citizens. It says that ‘[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof’ are citizens. Just because one is born in the United States, these contrarians argue,  doesn’t mean that individual has ‘subjected’ himself ‘to the jurisdiction’ of the United States. Under this theory,  the children of tourists, diplomats, and illegal aliens are not “natural born” citizens.

What an interesting theory! And, like so many things academics and scholars put into print to gain fame, notoriety, and publishing deals, it is one that is completely pointless at this time in history. Eastman’s theory has not been adopted by the United States or used to determine citizenship, so the current interpretation that if you are born here, you’re a “natural born” citizen, is the law by tradition and practice. Nevertheless, conservative media is having a ball with this foolishness. “Kamala Harris was an Anchor Baby” says a headline I saw today. So WHAT??? There is so much wrong with Kamala Harris, and she is such an awful candidate for so many other reasons, why is anyone focusing on a dead letter technicality?

There is nothing wrong with a scholar claiming that we’ve been doing it wrong all this time, but there is a lot wrong with making that argument in the middle of a Presidential campaign. I get it: the presence of Harris on the Democratic ticket makes an arcane legal theory suddenly newsworthy,  Chapman, however, is chasing personal fame at the cost of promoting needless distrust and uncertainty into a national election, as if we didn’t have too much of both already. Continue reading →

Morning Ethics Warm-Up, 8/13/2020: Kamala Harris Selection Hangover Edition [UPDATED]

/ Jack Marshall / 23 Comments

Hi!

In the 1945 drama “The Lost Weekend,” Ray Milland (above) played alcoholic Don Birnam, and won  the Oscar for Best Actor. The film also won the Oscar for Best Picture. Have you ever seen it? The film is virtually never shown on TV. Milland is another one of the once major Hollywood stars who are almost completely forgotten today, a fascinating group that includes Claire Trevor, Fredric March, Irene Dunne, John Garfield, and Norma Shearer, among others. If their major works were in black and white, they weren’t lucky enough to star in a film regarded as a classic, and they didn’t have a popular TV show when their movie career waned, the culture just forgets about them….and loses as a result. How many non-film nerd Americans under the age of 40 could recognize any of those actors, never mind all of them?

1. Nothing to see here: move along! Yesterday it was reported that the Democratic Party purchased the Antifa.com domain, and that clicks on the link went directly to the Biden campaign site. I checked: it did. Then, by 5:30 pm, the Biden redirect was eliminated. Res ipsa loquitur!

UPDATE: I’m putting an official question mark on this one. It is true that the Antifa.com went to Biden’s site, but that could have been a partisan dirty trick.  Of course, if true, this is the kind of story that the mainstream media would bury. If it was a set-up, it’s the kind of story the right-leaning media would credulously report as proof of Democratic de facto embrace of violence.

Trustworthy, objective journalists would be nice…

2. The vise tightens...Yesterday I noted that colleges and universities were increasingly cancelling their acceptances of students based on revelations of their past social media posts. In one case, Liberty Woodley, 17, the 2020 valedictorian of her high school class in Cape Coral, Florida., had accepted an offer to attend the University of Florida. Then a self-righteous and vicious  actress and “influencer” named Skai Jackson last month asked her more than 500,000 Twitter followers to send her screenshots of  “hateful” social media posts, so she could wrck lives and inflict pain on strangers. Someone sent in one of Woodley’s old Instagram posts in which she wrote when she was 16.

“I really try so hard not to be a racist person, but I most definitely am, there’s no denying it,” it said. Based on that, her acceptance was revoked.

 In an interview with The Gainesville Sun,  Liberty explained that had written the post out of anger at a time when she was being constantly bullied by some black classmates. “I am not racist at all, and I am not full of hate,” she said.  Well, there’s a Catch-22 for you! Oprah Winfrey and others are haranguing whites to admit their inherent racism as a first step to addressing “systemic racism,” but if they do what is asked, it means they are hateful and must be cancelled.

What do you want to bet that Liberty will vote for all Democrats in November? Continue reading →