The Supreme Court And Taylor Swift Ethics

It is generally regarded as a sign of ethics, courage and character to take action “on principle.” In theory, this means that non-ethical considerations (like enrichment, power and popularity) are not the actor’s goals; making a statement for the enlightenment of society is. However, actions on principle can often be quixotic and even silly, causing greater damage, as well as wasting time and money, “on principle” than the message is worth. The folly was nicely illustrated in the ancient burlesque skit above known as “Pay the Two Dollars.”

The issue of how far it was reasonable to go “on principle” was recently explored, of all places, in the U.S. Supreme Court in the oral argument of the case Uzuegbunam v. Preczewski.

Chike Uzuegbunam, a student at Georgia’s Gwinnett College in Lawrenceville, was threatened with discipline under the school’s speech code that violated his and other student’s First Amendment rights. He sued the college but it quickly backed down, eliminating its speech restrictions and replacing them with one that allows students to “speak anywhere on campus and at any time without having to first obtain a permit.” State officials said the change made the case moot. A trial judge agreed, and the United States Court of Appeals for the 11th Circuit, in Atlanta, affirmed her ruling.

Uzuegbunam and his student supporters, however, felt strongly that an official declaration that their rights had been violated was important, and they appealed on the grounds that they should be able to pursue their case for nominal damages. This was the issue that got the case before SCOTUS.

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Evening Ethics Night-Cap, 1/18/2021: What A Terrible Bunch Of People!

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1. Wow. Now that’s a sex scandal even in France! Olivier Duhamel, a prominent French political scientist, radio show host and television commentator has quit his media and university posts after being accused of committing incest with his teenage stepson more than 30 years ago. His resignations included the Sciences Po university, where Duhamel, now 70, headed the body overseeing the renowned Paris institution. A book called “La Familia Grande,” just published and written by one of his stepchildren, revealed that Duhamel abused her twin brother beginning when he was 14. The brother told the news media, “I confirm that what my sister has written about the actions of Olivier Duhamel toward me is correct.”

Addressing her step-father directly in the book, Camille Kouchner wrote: “I am going to explain to you who sound off on the radio, you who offer the gift of your analysis to students, and strut about on TV stages. I am going to explain that you could, at least, have said sorry.”

Now there is a #MeToo-style incest movement in France, #Metooinceste, with over 20,000 tweets so far posted on accounts of people who say they had been sexually abused as children by adult family members.

2. This would be pretty embarrassing, if only the news media had the integrity to point it out. DC AG Karl Racine pronounced himself outraged that anyone would compare the Black Lives Matter riots to the Capitol riot. Last week, Racine called comparisons (accompanied by accusations of double standards and hypocrisy), “shocking and outrageous.”

Right. The BLM riots resulted in at least 8 dead, hundreds of wounded officers, and over $2 billion in damages. The D.C. installment of the riots attacked the White House and injured 150 officers. 60 members of the Secret Service’s Uniformed Division were injured holding off the mob while President Trump and his family were taken to a bunker. 65 Park Police officers were wounded and 11 had to be hospitalized, as compared to the January 6 toll of 60 Capitol Police and 58 D.C. cops injured.

One difference is that Democrats and the media accused police of violently assaulting “peaceful protesters” instead of condemning the BLM mob whose members threw bricks, bottles, fireworks, and bodily fluids at law enforcement officers. The BLM rioters set the White House gatehouse and the Church of the Presidents on fire. D.C. Democrats responded by demanding law enforcement leave and naming a plaza “Black Lives Matter.”

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Saturday Ethics Alerts, 1/16/21: “Nevermore!” If Only…

Raven Addams

The 18th Amendment to the U.S. Constitution, prohibiting the “manufacture, sale, or transportation of intoxicating liquors for beverage purposes,” was ratified by the requisite number of states on this date in, 1919. It was a great, botched, ethics experiment. Alcohol was too far embedded in the culture for too long and in too many ways, and the laws prohibiting alcohol were badly drafted and engendered public resentment and contempt. Still, as the Ken Burns documentary on the topic made clear, the damage being caused by alcohol abuse before Prohibition was permanently slowed down and reversed by the ban, though the ban itself was doomed from the start.

1. Quote of the Day: I just finished watching “We Bought A Zoo” again, and it reminded me of the quote, alluded to in the film, by the real life English man who did buy a zoo, and whose story was transferred to America in the film staring Matt Damon. Benjamin Mee said in his book (with the same title as the film) about the adventure, “You know, sometimes all you need is twenty seconds of insane courage. Just literally twenty seconds of just embarrassing bravery. And I promise you, something great will come of it.”

He’s absolutely right, and this principle has enriched my own life too many times to count.

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Art Ethics: The South Carolina Toilet Brush Flag

SC flag design

You would think it’s such an easy principle to understand and execute. In art, as with all products and services, it is the quality of the work that matters, not the artist, creator or provider. But in the era of The Great Stupid, where woke sensibilities routinely turn logic and wisdom on their heads and inside out, something as intrinsically sensible as this suddenly becomes hard to grasp.

Take, for example, the new South Carolina flag design, as fine an example of “bias makes you stupid” as one could imagine. You see, the South Carolina flag has long consisted of a crescent moon and a palmetto tree, but designs varied. Why a palmetto tree? Also known as the Sabal palmetto, cabbage-palm, cabbage palmetto, blue palmetto, Carolina palmetto, common palmetto, swamp cabbage and sabal palm…

Palmetto

…the tree is native to the southern United States, as well as Cuba and the Bahamas. In the Revolutionary War, South Carolina palmettos played a key role in the defeat of the British fleet at Fort Moultrie on Sullivan’s Island. The fort was constructed out of palmetto logs, which efficiently absorbed the impact of cannon balls, according to the State Legislature’s website. Col. William Moultrie’s 2nd South Carolina Regiment wore uniforms of deep indigo, so Moultrie used the color as the background for the moon and the tree when he designed the first South Carolina flag. Since 1940, however, South Carolina has had no required design for its state flag, leading to an infinite number of variations on flags, logos, posters, mugs, T-shirts, and other merchandise. See?

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Incompetent Elected Official Of The Month: Rep. Emanuel Cleaver (D-Mo.), And Incidentally, KABOOM!

This embarrassing episode is res ipsa loquitur, but I’m going to rant about it a bit anyway while I duct tape my head back together, beginning with, “What an IDIOT!”

Observations:

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Tales Of The Great Stupid: Wow…Who Could Have Seen THIS Coming?

Children are being bombarded by media and social media propaganda asserting that a vast number of people are trapped in bodies having the “wrong” sex organs, and celebrating the “T’s in the LGBTQ+ interest-group-of-convenience as the cool new martyrs. Thus an increasing number of these children convince their woke and irresponsible parents, and doctors who would rather be politically correct than “do no harm,” to divert their fates from the natural biological path to something else, because everybody is doing it, or everybody is saying it’s the right thing to do. It shouldn’t take much to figure out this is a terrible trend based on terrible reasoning, but there are so many such trends and ideas flourishing now that it’s hard to bat them all away.

And so we have the case of 23-year-old Keira Bell in Great Britain, who is suing a National Health Service gender clinic that she says should have challenged her decision to transition to male as a teenager. A tomboy as a child, Keira says her determination to switch gender gradually built up as she found out more about transitioning online, and “one step led to another.”

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Last Gasp Ethics, New Year’s Eve 2020

Happy New Year, Everybody!

1. A late entry in the “Most Unethical Lawyer of 2020” competition! McGinnis E. Hatfield was stripped of his license to practice law by the West Virginia Supreme Court. What did he do? Well, this section of a transcript of his conversation with a female client explains things pretty well:

Female: “I thought like when we first started out, I was just going to pay you. I didn’t know that you wanted sex out of the whole thing.”

Hatfield: “Well, I’d have to charge you like $1,500 bucks. You don’t have $1,500, do you?”

Female: “No.”

Hatfield “So come on out here. Just come. What time do you want to come?… [I]t’s just not going to work unless you do what I say.”

Female: “What do you want me to do?”

Hatfield: “… “Well, I want you to let me eat your pussy, and then I want you to let – I want you to suck my dick, and then, you know, I just have to – I’m as straightforward as I can be. And if you don’t want to do that, then fine. I don’t have any- I like you. And if you don’t want to do that, then we’ll just have to call it off.”

Female: “Is that not – all right. That’s fine. Whatever.”

Hatfield: “Is that okay?”

Female: “I mean no, not really because I’m not a whore.”

Hatfield: ” … And like I said, if you won’t want to do that, then that’s fine by me. I wish you luck. And if you don’t want to do that, then I’m not going to try to represent you. So that’s a benefit for you. And I’ll give you some money, too[.]”… You know, I’m shooting straight with you. I told you from the beginning that sex was important to me. I want some now. Nobody’s tried to trick you. And it would be safe, too. But anyway, if you don’t want to do it, that’s fine by me, honey, but you’ll have to get somebody to help you with your divorce, too.”

Female: “Okay, That’s fine.

Of course, it’s not fine. Lawyers are prohibited from having sex with clients in most jurisdictions. Lawyers cannot encourage individuals, including clients, to commit a crime. Mr. Hatfield compounded his problems when he flunked the easiest part of a disciplinary inquiry, telling the judge who asked Hatfield whether in retrospect, he found his behavior inappropriate or unethical,

“I think my conduct in this whole situation is human. And that’s the only defense I’m offering. Lord knows, we all need that. So that’s as far as I’ll go with that.”

The judge tried again, asking, “Are you remorseful?” Hatfield replied, “No. I have no remorse. I feel like I’ve been victimized.”

What an idiot.

It put me in mind of the Steven Wright line, “How did the fool and his money get together in the first place?”

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Comment Of The Day: “Comment Of The Day: ‘Query: How Many Ways Is This Poster Unethical Or Ethically Obtuse?’

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It’s a gift to your host when I can start out with a Comment of the Day, especially on days like this, when I wake up feeling like I lost a bucket of IQ points overnight.

Here is Humble Talent’s Comment of the Day on the Mrs. Q’s discourse on the meme/poster above, and the chiding of pundit Andrew Sullivan, who criticized it:

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Comment Of The Day: “Query: How Many Ways Is This Poster Unethical Or Ethically Obtuse?”

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Mrs. Q—I’m still beginning 2021 hoping that she will re-activate her personal column on Ethics Alarms!—delivered a characteristically sharp and thoughtful commentary on the meme/poster above, thus earning the Comment of the Day.

In related news, Andrew Sullivan had this exchange with a trans activist who accused him of being a bigot. (Andrew, as he tells us at every opportunity, is gay):

Sullivan-trans

A brief on-topic digression: I find it amazing how really terrible reasoning and stunningly lame arguments find their way onto public forums to make the public even more ignorant and incompetent than it already is, meaning dangerously ignorant and incompetent. Consider that last tweet: Molly begins by saying that her assertion that Sullivan is bigot is bolstered by her own self-proclaimed status, or in other words, “It’s true because I saw so.” Next, she cites a personal anecdote as if what she thought and she chose to do proves anything about anything other than what she thought and she did. Finally, we get the non-sequitur that “Foucoult had sex with transwomen,” a twist on #32. The Unethical Role Model: “He/She would have done the same thing.” There was nothing wrong with Foucoult having sex with transwomen if indeed that is true, but that still doesn’t mean that not having sex with transwomen is proof of bigotry, and who made Michael Foucoult the arbiter of sexual preferences?

Ann Althouse, who found that Twitter exchange, was sufficiently perplexed by Molly’s argument that he hypothesized that it has to be a joke. She also found this, for which I am grateful:

Schrödinger’s Douchebag: A guy who says offensive things and decides whether he was joking based on the reaction of people around him.

That’s funny, but in real life the process is that someone makes a statement that offensive or stupid, means it, but retreats to Rationalization #55, The Joke Excuse, when they are criticized.

Here is Mrs. Q’s Comment of the Day on the post, “Query: How Many Ways Is This Poster Unethical Or Ethically Obtuse?”:

Welcome to the world lesbians have been subjected to for at least 6-10 years.

Please take a gander at TERF is a Slur. A “TERF” is likely defined as Trans Exclusionary Radical Feminist. However this term has been used specifically against lesbians who object to sleeping with or dating men who identify as lesbians. Ask any lesbian what being a part of the LGBTQ+ “community” is like if you object to a born-male partner personally.

The sad thing is there are plenty of queer and bisexual identified women (and men) who are more than happy to date men who identify as women and/or lesbians. For a long time in history, men have viewed “bedding real lesbians” as a badge of honor or conquest or something. For some lesbians the energy from these born men feels the same. Now straight men are finally getting the same treatment.

Gay men are also being pressured to be an ally by sex act. The whole LGBTQ+ solidarity idea is a myth pushed by lobbies hungry for money and power. This queercraft – as I call it – pushes a message that gay is whatever you decide but also that gay is old-fashioned and to be transcended by being an all encompassing “queer.”

And queer, mind you, increasingly means heterosexuals (often white, progressive, and middle class or above) who want to facilitate both “gender variance” in fashion/personal expression, and playing with “sexual edges and norms.” Basically some kinky straight folks want to get points for donning more than rainbow socks but also rainbow identities.

Gays who don’t have an interest in transgender partners are at times vilified for having a “genital fetish” and I suppose the TRA’s, aka trans radical activists (or trans rights activists – but I like to separate those who want equal rights from those who perpetuate false equity through eradicating sex-based rights), are finally coming for the straights.

But I want to say something else regarding why this issue became something I came to pay attention to for a while.

It began when my wife, a “gender non-conforming” lesbian, was harassed multiple times by FtM’s. Each time she was literally just minding her own business when one shoulder-checked her and called her a “fucking dyke.” This happened a couple more times in different ways by two others assailants. Worse, at her former workplace, a bizarre campaign to remove sex-segregated bathrooms went out of control.

When a six foot two person in heavy boots and too short of skirts claims online to “love blood” and “body horror” while identifying as a “leather dyke” who is into children’s books and anime, it’s understandable some women may be uncomfortable around such a person, especially one who clearly shows, by the fit of clothing, to be an intact male. The bathroom felt like a war zone when this person and others began publishing various workplace bathroom photos online.

And the lesbian bars in cities across the country closed, many after being targeted for being “transphobic” for simply calling themselves “lesbian bars.” Some were cancelled because enough women at such venues rejected born-male advances.

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Query: How Many Ways Is This Poster Unethical Or Ethically Obtuse?

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Here’s my preliminary list:

1. It deliberately or ignorantly confounds bias with hate. Bias is a preference that may or may not be rational. There is no evidence that those men who would not choose to date trans women hate them. Do short men choose not to date tall women because they hate them? Do educated men prefer not to date high school drop-outs because they hate them?

2. Thus the poster denies the human right to choose who we want to have romantic relationships with. If it’s hateful not to want to date women who used to be men, then it’s hateful to choose only to date attractive women, thin women, strong women, Jewish women, women of one’s own religion, nationality or race. Personal preference is itself unacceptable if it does not advance the current definition of social justice.

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