Government & Politics

Comment Of The Day: “Oppressing The Twitter Troll”

/ Jack Marshall / 10 Comments

censorship cartoon

This is Glenn Logan’s Comment of the Day on the post, “Oppressing The Twitter Troll”:

I always like to look at the law, and at the charges, to see if they are particularized and actually allege a violation.It seems to me the particular law at issue is 18 U.S. Code § 241 – Conspiracy against rights. The relevant text would seem to be paragraph 1:

“If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; orIf two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—“

What the government is alleging here, apparently, is essentially a conspiracy to cyber-bully. Attempting to convince others to vote a certain way or not to vote at all is called “electioneering” and is not only legal in the United States, but protected speech under the First Amendment, as well as widely practiced by all political parties 24-7-365, legally and peacefully. The law criminalizing conspiracies to deprive persons of rights was passed during the civil rights era and was plainly directed at the Klu Klux Klan and similar organizations.

As we all know, those groups would intimidate voters of all races, but primarily black people and their sympathizers, by burning crosses, lynchings, threats, and other violent actions to suppress or affect voting against the groups’ interests. Most of their methods were illegal under state and federal law to begin with, but the law in this case provided an additional tool to attack those who plannedlawless actions against the rights of others as well as those who carried them out. It is a bit like the Civil RICO laws, which were primarily aimed at those who directed corrupt mob actions but almost never participated in overt criminal activity.

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Cancelled For A Single Word

/ Jack Marshall / 17 Comments

And spoken outside his home, to friends.

Country music superstar Morgan Wallen was suspended indefinitely by his record label and removed from hundreds of radio stations across the country yesterday. The reason? He was captured on camera saying “nigger.” TMZ posted a video this week showing Wallen loudly returning home with friends. A neighbor started recording the scene and the video included Wallen using the word. If you can tell the context of his words, please explain it to me. Was “nigger” meant as an insult, or was it used playfully? Was the target white or black? There is no evidence that he “hurled” the word, because that suggest that it was hurled at someone.

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The Ethics Alarms Rationalizations List Welcomes The Know-It-All’s Dodge, Or “I Knew This Would Happen”

/ Jack Marshall / 21 Comments

Obama

The Know-It-All’s Dodge has been hanging around waiting for me to add it to the Rationalizations List for a long time. I should have added it when President Barack Obama exploded my head with this exchange, in 2015, regarding his pathetic and disastrous handling of the Syrian civil war.

In an interview with CBS’s Steve Kroft, who had earlier in Obama’s administration stated outright that his questions to the President would not be confrontational ones, there was this:

KROFT: You have been talking a lot about the moderate opposition in Syria. It seems very hard to identify. And you talked about the frustrations of trying to find some and train them. You had a half-a-billion dollars from congress to train and equip 5,000, and at the end, according to the commander of CENTCOM, you got 50 people, most of whom are, are dead or deserted. He said you’ve got four or five left.

OBAMA: Steve, this is why I’ve been skeptical from the get-go about the notion that we were going to effectively create this proxy army inside of Syria.

KABOOM!

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From The Ethics Alarms Sarcasm Dept., Cross-Filed in “Unethical…But Funny!”: Yeah, THIS Sure Engenders Trust In The Competence Of State Law Enforcement

/ Jack Marshall / 15 Comments

Chucky

The Texas public safety department sent out an Amber Alert asking citizens to keep an eye out for Chucky, the homicidal possessed doll from the Child’s Play movies, who, it said, was a suspect in a kidnapping. The nonsensical message was blasted to people’s mobile phones three times.

It described the suspect as being called “Chucky” and described him as a 28-year-old with red, auburn hair, band blue eyes who stood at 3ft 1in tall and weighed 16lbs. He was wearing blue denim overalls, alarmed Texans were told with a multi-colored striped long sleeve shirt and was presumed armed with a large knife – matching his appearance in the films.

His race was listed as “Other: Doll.”

The department issued a statement saying: “This alert is a result of a test malfunction. We apologize for the confusion this may have caused and are diligently working to ensure this does not happen again.”

Oh, it’s a TEST malfunction! That’s OK then. “May have caused”? There’s no confusion: the Texas Safety Department is run by utter boobs. When a state department starts warning the public about fictional serial killers from horror movies, the best way to ensure it doesn’t happen again is to clean house.

I feel it necessary to post this song, from “Lil’ Abner”…

Morning Ethics Warm-Up, 2/3/21: Cold Day Reflections [Corrected]

/ Jack Marshall / 27 Comments

Shining Frozen

1. Wait, what? Ann Althouse revealed this week that she doesn’t read all of the paragraphs in articles she blogs about. She was caught doing this is a post I didn’t read, since it involved her weird concern about the sounds ice makes in a glass. The law professor had asked a question that was answered in the article, but Ann didn’t read that far.

I have found that blogging inherently requires doing opinion and analysis with less than all the facts, or, in the alternative, writing only an article a day. The Ethics Scoreboard, now online, was an ethics website, not a blog, and I spent easily three times the research and consideration on each post that I do now on Ethics Alarms. I also had a webmaster who caught most typos. I eventually decided to switch to blog, because I couldn’t come close to covering the field in only a post a day (if even that), and because I wanted to have an ethics forum with participation from commenters. I sympathize with Ann: blogging is time consuming even if you write as quickly as I do. Then you have the proofing, tagging and administrative stuff. I can see why she would get in the habit of skimming articles.

But it’s still reckless, and guarantees mistakes and an erosion of trust. To her credit, she admitted that she does this in her post, but didn’t seem to say that she was about to change.

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Rep. Greene Has The Right To Her Opinions And the Right To Free Speech. But There Is No Right To Make Laws If You Are An Ignorant, Undisciplined Fool, And Republicans Have A Duty To Treat Her Accordingly

/ Jack Marshall / 45 Comments

greene

House Democrats moved yesterday to strip GOP Georgia rep Marjorie Taylor Greene of her committee assignments if Republican Leader Kevin McCarthy refuses to do so. Mark this moment: House Democrats are right, and their demand is responsible. Greene is on the House education and budget committees, and she has amply demonstrated that she does not possess the judgment to serve om a PTA rummage sale committee.

If House Democrats being reasonable blows your mind, imagine: Mitch McConnell is also making sense. Calling Greene a “cancer for the Republican Party,” the GOP Senate leader said,

“Somebody who’s suggested that perhaps no airplane hit the Pentagon on 9/11, that horrifying school shootings were pre-staged, and that the Clintons crashed JFK Jr.’s airplane is not living in reality.This has nothing to do with the challenges facing American families or the robust debates on substance that can strengthen our party.”

Gee, I hadn’t heard about the “Clintons killed John-John” plot! But the Greene theory that came out this week is even better. Eric Hananoki is an investigative reporter at “Media Matters,” which means he’s a partisan hack, but in this case he has found juicy evidence. In a November 17, 2018 Facebook post, since removed, Greene expressed support for the so-called Campfire Conspiracy, which holds that the deadly California wildfires were deliberately set by a cabal seeking to clear land for the high-speed railway, led by PG&E. Here is the whole post that Hananoki unearthed:

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Oppressing The Twitter Troll

/ Jack Marshall / 32 Comments

Twitter troll meme

Federal prosecutors accused Douglass Mackey, 31, described in news reports as a “Twitter Troll,”of coordinating with co-conspirators to spread misinformation on Twitter in 2016 that Hillary Clinton’s supporters could vote by sending a text message to a specific phone number.

Mackey was arrested a week ago in the first criminal case in the country alleging voter suppression through the use of false tweets.

Seth DuCharme, the acting United States attorney in Brooklyn, whose office is prosecuting the case, said, “With Mackey’s arrest, we serve notice that those who would subvert the democratic process in this manner cannot rely on the cloak of internet anonymity to evade responsibility for their crimes.” The alleged crime is a conspiracy to “oppress” or “intimidate” anyone from exercising a constitutional right, such as voting. The charge carries a maximum sentence of 10 years in prison. Prosecutors allege that 4,900 really gullible and lazy Hillary Clinton supporters were fooled by Mackey’s scheme into trying to vote for her using a phone number publicized on social media. Mackey and his co-conspirators joked online about about tricking “dopey” liberals.

There is no question that what Mackey et al. did was unethical, dishonest, unfair and sinister. However, I find it hard to understand how he can be prosecuted while the deceptions of others whose efforts to mislead voters and either dissuade them from voting or get them to vote for a candidate they otherwise would not have were far more widespread and had far more impact on election results. My guess is that this charge is harassment, and harassment based on partisan intimidation.

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Ethics And Common Sense Win Out Over Law: SCOTUS Weakens “Qualified Immunity” [Updated]

/ Jack Marshall / 8 Comments

The one constant recommendation by critics of police brutality and those trying to find ways to mitigate the problem without, you know, rioting, looting and burning every time a black man is killed by police is to eliminate or sharply curtail qualified immunity. Taylor v. Riojas, handed down in November by the Supreme Court in a 7-1 decision, might do just that.

A government officer sued for damages on a claim of violating the Constitution, such as violating an individual’s civil rights, must overcome the defendant’s claim of immunity. Judges (and Presidents) have absolute immunity for their conduct in the pursuit of their duties, no matter how outrageous or incompetent. Legislators cannot be sued for their decisions as lawmakers. Prosecutors cannot be sued for prosecuting. Other government officers, like police officers, have qualified immunity if they are sued for money damages for harming individuals in the course of their duties.

The Supreme Court has set up a tough standard for plaintiffs to meet in order to establish liability. Overcoming qualified immunity requires that the defendant officer acted in violation of law and Constitutional principles that any reasonable government official should know, and that the civil right allegedly breached has been established beyond question.

In a 2018 case, District of Columbia v. Wesby the Court stated:

“Existing law must have placed the constitutionality of the officer’s conduct ‘beyond debate.’ This demanding standard protects ‘all but the plainly incompetent or those who knowingly violate the law.’ To be clearly established, a legal principle must have a sufficiently clear foundation in then-existing precedent. The rule must be ‘settled law,’ which means it is dictated by ‘controlling authority’ or ‘a robust consensus of cases of persuasive authority.’ It is not enough that the rule is suggested by then-existing precedent. The precedent must be clear enough that every reasonable official would interpret it to establish the particular rule the plaintiff seeks to apply.”

This extreme hurdle has proved nearly impossible to clear. From 1982 to 2020, the Court reviewed 30 qualified immunity cases. Plaintiffs prevailed in two.

Yet in the per curiam opinion issued last year (that means there are no signed majority opinion or concurring opinions) the Court signaled a major shift, and ruled that prison guards had no qualified immunity even though there was no precedent that would have alerted them that their conduct was illegal or unconstitutional.

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“I Just Know This Is Going To Be A Bad Week” Ethics Warm-Up, 2/1/2021.

/ Jack Marshall / 13 Comments

nervous

One more thing to complain to WordPress about: on the home page, it says to “followers,” “You are following this blog, along with 3,167 other amazing people.” I just checked, and if you follow Ethics Alarms, there are 4,324 other amazing people doing so. So thanks to my hosting service, this ethics blog features fake news on its home page, and I have no control over it. I am assuming in this that WordPress isn’t making a judgment that only 3,167 of the regular readers here are amazing, and the rest aren’t. How could they do that? Is “amazing” in this context a compliment or an insult? Most of the people I think are amazing in ethical matters are not amazing in a good way. Shouldn’t my standards be the ones featured on my blog?

1. Nah, there’s no mainstream media bias! I had been avoiding looking at the New York Times front page for January 14, being certain that it would annoy me no end. Yesterday I finally saw it, and it was worse than I imagined. The single word is IMPEACHED in what they call “Second coming” type, with each letter almost an inch high. The sub headline, in 1/3 inch bold type, says “Trump, After Inciting Rampage in Capitol, Is First President To Face 2nd Senate Trial.

The giant word can only be interpreted as celebratory, because it certainly wasn’t momentous news. The previous House impeachment was so inconsequential that it wasn’t even a campaign issue. The second, like the first was and is doomed to die in the Senate. President Trump was going to leave office before he could be removed. The Times might as well have headlined the story, “Democrats Have A Majority In The House.” Once the GOP lost its majority (surrendered is a better word, perhaps, as over 40 sitting Republican Congress members quit in a snit over a non-club member winning the White House, condemning the nation to Nancy Pelosi’s own “insurrection”), Trump’s eventual impeachment for something was a foregone conclusion, as was the fact that Democrats would keep trying no matter what. That’s the true import of the second impeachment: for the first time in history, a party began with the determination to impeach a POTUS from the other party, and was actively, desperately, unethically searching for an excuse to do it.

As for the rest of headline, stating that Trump “incited” the riot in the Capitol is a bright-line falsehood, as the emerging evidence continues to show.

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Ethics Hero: Sen. Mike Lee (R-Utah)

/ Jack Marshall / 16 Comments

Mike Lee

It was generally lost between in the pandemic resurgence, the post-election controversies and the holidays, but in the final month of the generally awful year of 2020, a single Senator had the integrity and principle to at least delay one more effort to transform the United States of America into a Balkanized culture of competing identity groups.

Hispanics and their allies in Congress, and feminists and their allies have been trying to get approval for the creation of a National Museum of the American Latino and A National Women’s History Museum in Washington D.C. since around the beginning of the century. Last year, after the obligatory studies, commissions and reports, bipartisan bills authorizing the creation of the two proposed museums passed in the House. After all, it’s not as if the year’s budget deficit had blown the national debt up to dangerous levels or anything. Why not spend millions more on new structures honoring only segments of what was conceived as a single nation?

More specifically, why not suck up to two powerful voting blocs in an election year?

Because the Senate is similarly driven by political pandering and is almost as irresponsible as the House, it was assumed that the bills would pass by unanimous consent, a practice reserved for noncontroversial measures. Senators John Cornyn, Republican from Texas (lots of Hispanic-Americans there, coincidentally), and Bob Menendez, the Democrat from New Jersey who is himself Hispanic-American, introduced the legislation setting up the latest hyphenated American museum on the National Mall, and lauded the history and contributions of 60 million Americans, blattety-blah diversity, blattety-blah recognition. But Senator Lee, the Republican from Utah (where, also coincidentally, there are not so many Latinos), stopped the proposed new museums dead (though they will rise again) , as a single vote can do when unanimous consent is needed.

Lee said in part,

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