Ethics Quote Of The Week: Jonathan Chait

I mean, what's not to like?

I mean, what’s not to like?

“One of the unfortunate habits overtaking the left is a tendency to conclude that any behavior that could plausibly be motivated by bigotry is likely motivated by bigotry.”

—-Liberal commentator Jonathan Chait in New York Magazine, in his article, “Are Biden-for-President Supporters All Sexist?”

Absolute Truth: My first reaction upon reading this: “No shit, Sherlock! What was your first clue?”

As I just wrote last week*, the entire Obama-enabling machine has been fueled by that premise for almost eight years, highlighted by claims last month by Rep. James Clyburn (D-SC) that Bejamin Netanyahu, believing that the Iran nuclear agreement is an existential threat to his nation (and he’s right, too), only took the extraordinary measure of addressing Congress because Obama is black. And no liberal pundit calls Clyburn out on this slur, this insulting and stupid slur. I haven’t checked Chait’s output over the last eight years, so I don’t know if or when he’s played that double-dealt card himself. Still, he deserves credit for honesty and a fair analysis that doesn’t reflect well on his colleagues. It is just irritating that he could and should have made the point long ago.

A second and third less-than-sober thought that quickly followed that first:

  • No, Biden supporters aren’t sexist.  They are insane.
  • Or desperate.

What prompted Chait’s ethical candor was this jaw-dropping article by Scott Lemieux at The Guardian. He really appears to think that there is no possible reason anyone would prefer Biden to Clinton. I mean, what could it be?

“In policy terms, Biden and Clinton are virtually identical. On domestic policy, they’re both moderate liberals who are too close to the financial service sectors in their home states. On foreign policy, they’re both moderate liberal hawks who voted for the Iraq War. It would be harder to name two major politicians with more similar policy profiles. If Biden is going to enter the race, it’s not because he disapproves of the direction in which Clinton is going to lead the country. And it’s hard to see any evidence that Biden is more electable.”

So, Lemieux concludes, the only possible explanation is that he has “one characteristic that makes him seem more “presidential” to too many journalists: a penis.”

Oh, that must be it! Not the fact that Clinton is a serial liar. Not the fact that she is a blatant influence peddler, a greedy hypocrite, a fake feminist, Bill Clinton’s enabler, a flop as Secretary of State, and completely untrustworthy by any measure.

These things don’t matter to auto-pilot progressives like Lemieux, because these strange and ethically disinterested people really don’t think character–or competence even—matters. As far as I can see, they would elect Machiavelli, Chauncey the Gardener, Lucretia Borgia or Jack the Ripper as long as they pledged to tax the rich, add more entitlements, open the boarders, make gun-owning nearly impossible, ban hate speech, open the jails and  protect “the right to choose” under all conditions. It’s amazing. Frightening too.

Lemieux shows how biased and deluded he is by making it clear that he thinks Hillary’s e-mail evasions show she is as pure as the driven snow, and that it’s the biased news media—that’s right, the news media is biased against the poor, innocent, misunderstood Clintons—that is causing her poll numbers to fall.

With zombie progressives like this guy, I can’t tell if he’s been brainwashed or is lying. He writes,

“In addition to the misogyny, there’s something else going on here: the Clinton rules, the media’s tendency to give much more attention to spurious allegations than to proof showing that the allegations are untrue. In late July, a New York Times story initially alleged that a criminal probe had been opened into Clinton’s emails during her tenure as Secretary of State. The only problem is that the story was botched 11 ways from Sunday. First, the story was changed to reflect the fact that there wasn’t a criminal probe and then changed again to reflect the fact that the non-criminal probe wasn’t about Clinton.”

Yes, the story was changed, you shameless hack, because the Times unethically took orders from the Clintons. The allegations about Clinton risking national security, violating government protocol, destroying e-mails she knew would be evidence and lying repeatedly about the matter are true beyond question.  Moreover, the FBI is investigating Clinton’s e-mail shenanigans, and the FBI investigates crimes. Several news sources have confirmed that it is a criminal probe, and of course such a probe is a probe of Hillary Clinton. This week several media volunteer spinners for Hillary, like the Today Show’s Savannah Guthrie, kept emphasizing that it is the server that is being investigated, not its user. That’s right, Sanannah, you disgraceful biased hack, the FBI is going to arrest the server. Hillary is 100% responsible for the misuse of the e-mails and the violation of policy. Deal with it. Better yet, report it.

Yes, I know you don’t have a penis; never mind. Try being a journalist.

Arguing that the FBI is focusing on the server and not Hillary is exactly the same as saying that the SEC was investigating Bernie Madoff’s business but that Bernie wasn’t a target. It was his business—if the business broke the law, he did. If Clinton’s e-mail server broke the law, she did.

I must be a sexist, right, Scott Lemieux?

At least Jonathan Chait isn’t fooled.

Finally.

*“It all was seeded, of course, by the cynical strategy, developed even before Obama was elected, to characterize the same kind of criticism all recent Presidents have been subjected to as racially-motivated, even as this ill-prepared leader has lurched from one disaster to another, domestically and abroad. This was excellent for the goal of making sure that African Americans, whose fortunes have suffered more under this President than any other group, voted for skin-color over self interest in 2012. It has also been a social and cultural calamity. Still, the strategy continues.”

New York City And The Mayor: Case Study In The Simpson Principle

simpson

The Simpson Principle does not refer to Homer but Alan, the now-retired Republican Wyoming Senator who once sat next to me at a press conference announcing the Reagan administration amnesty for illegal immigrants. Conservatives hated amnesty back then, too, and Simpson was regarded as a conservative. When I found myself seated next to him at lunch (my Foundation for the Chamber had done a study on immigration reform), I took the opportunity to quiz him on why he took the lead in this issue. (Those Chamber events were fun: another time, I ended up alone at a table with Gene McCarthy.)

Simpson said, as I remember it, “Well, ideology is great, but eventually you have to use real measures to solve real problems. If you keep flogging ideology when you know it won’t work, you’re a fool. It’s dumb, it’s irresponsible, and it’s wrong.”

You will note that 1) Simpson’s plan didn’t work either, though it wasn’t the plan’s fault, 2) Conservatives still oppose what they call amnesty, and yet haven’t a single rational, practical recommendation for how to handle the 13 million illegal immigrants who have slipped into the country since that Eighties luncheon chat, and 3) both liberals and conservatives have been meeting Simpson’s definition of fool lately.

[Aside: I ran into Simpson at LaGuardia last year, introduced myself and thanked him for that wisdom. He remembered me, amazingly, but didn’t remember that comment. “I said that?” he said. “Wow. I was smart that day. Thanks for reminding me of it. I wish I had run into you a few years ago.”]

One of the primary fools who is running amuck these days is Mayor Bill de Blasio, who is determined to again try the lassez faire, look the other way, “compassionate,” kinder, gentler law enforcement policies of his former boss, the infamous Mayor David Dinkins. In the 1980ss, Dinkins continued the transformation of  New York City into a declining, filthy, crime-riddled hell, and only the long, painful, much-criticized introduction of the so-called “broken window” theory into the city’s management by Rudy Giuliani turned the crisis and the city’s fate around.

As chronicled by Myron Magnet on one of my favorite blogs, City Journal, de Blasio is determined to relive the Dinkins experiment, because it would be nice if that way of running a big city works. Already, the completely predictable results are in evidence.

He writes: Continue reading →

Interview Ethics: CNN’s Alisyn Camerota Shows Why News Anchors Need Training In Basic Ethics, Not To Mention Journalism Ethics

Alisyn

This morning, as I rush to get my act to together to fly, sick, to Rhode Island where the bar will allow me to teach ethics to its members in the first two of three planned seminars, I made the mistake of checking in on CNN’s New Day to see what trouble Chris Cuomo and Alisyn Camerota could get themselves into. Sure enough, there was Allison interviewing Oklahoma Senator Jim Lankford regarding Republican efforts to de-fund Planned Parenthood over the revelations of the surreptitiously taken “sting” videos showing various Planned Parenthood personnel seeming to haggling over the prices for tiny little human organs successfully harvested from embryos whose tiny wittle heads have been crushed juuuust right. These individuals discuss unborn human beings with the sensitivity a normal person bestows on a Jimmy Dean sausage, but Planned Parenthood acknowledges that they need to practice a more pleasant tone in case somebody who cares about these inhuman organ bags is listening.

Is that an unfair characterization?

Let me know why you think so.

But I digress…

Camerota’s questioning demonstrated in multiple ways just how ethically ignorant the highest levels of our broadcast journalism are: Continue reading →

Hiroshima Ethics And The Washington Post’s Misleading “Five Myths” Feature

Atom bomb cloud

The Washington Post’s Sunday “Five Myths About…” feature is a weekly irritation, as it begins with a misleading definition, and proceeds to a series of dubious and sometimes dishonest conclusions. In spirit it is like the fact-checking columns,  (though, ironically, the Post’s less than most) in that it claims to “disprove” opinions. This week’s installment, however, was too much.

Gregg Herken was this week’s guest bloviator, and the Post gave the emeritus professor of U.S. diplomatic history at the University of California a chance to plug his books on the atomic bomb, so I don’t blame him for taking it. I do blame him for allowing the column’s format and the editors to turn what could have been informative and edifying into lazy scholarship, sophistry, and nit-picking. Now I don’t want to read his books.

His entry was called “Five myths about the atomic bomb.” As is typically the case, no myths were debunked. Myths, in the parlance the Post is evoking, are a “traditional stories of ostensibly historical events that serve to unfold part of the world view of a people or explain a practice, belief, or natural phenomenon.” They are, by definition, false. Herken, however, neither identifies nor disproves any true myths. What he does is offer contrary opinions to those of others that are as provable as true as the opinions he claims to be debunking, which is to say, not provable at all. That means that the headline/title states an unprovable assertion as fact: “These statements are untrue.” Herken cannot ethically say that, but he does anyway.

Bad historian. Bad.

Herken starts off well:

“On Aug. 6, 1945, the United States dropped an atomic bomb on the Japanese city of Hiroshima. Another bomb fell Aug. 9 on Nagasaki. Decades later, controversy and misinformation still surround the decision to use nuclear weapons during World War II. The 70th anniversary of the event presents an opportunity to set the record straight on five widely held myths about the bomb.”

His first myth is that “The (Hiroshima) bomb ended the war.” Continue reading →

Ethics Verdict: Hillary Clinton, As Well As Her Spokespersons, Directly And Intentionally Lied About Her Emails, And The News Media Has An Obligation To Make That Clear

classified

The fact that Hillary Clinton is a serial liar and is preparing to deceive her way to the Presidency of the United States is of utmost importance to the nation. This is a fact, by the way. So far, the news media has allowed the usual Clinton strategy of obfuscating, denying, confusing and blurring instances of their misconduct, as well as distracting attention with new scandals involving them (like this one), succeed as it has in the past. This must stop. Contrary to the Clinton Credo, character matters, and the greater the power a leader has, the more it matters. A leader who engages in blatant lying has no respect for those she leads, and cannot be trusted. Those who cannot be trusted should not lead. The news media has an obligation to let us know who cannot be trusted.

It is as simple as that.

We watched that classic Clinton strategy in action when two inspector generals announced that they were calling upon the Justice Department to investigate Hillary’s alleged mishandling of classified Sate Department materials via her private server, in violation of government policies, her own department’s policies, and responsible stewardship and principles of cyber security. Immediately, Clinton began muddying the water and boring the public by launching a dispute over whether or not it was a “criminal” investigation, using undue influence to get the New York Times to change its story, and suddenly making the controversy about the messenger rather than its message.

Oh, the Clintons are good at this, no doubt about that.

Now here is another example in the same controversy.  Though Clinton has insisted that there was nothing classified on her email system and that any dispute is just a technical dispute “between agencies” 41 of the messages turned over to State by Clinton were recently given classified status by the State Department. Clinton’s word-parsing defense has been that she did not send or receive any material marked classified, but as law professor Jonathan Turley explained succinctly (he has been in the classified loop in the past), virtually anything coming out of the office of the Secretary of State would be automatically considered classified as a matter of course until it was reviewed and determined not to be classified. Clinton’s denials are based on typical deceit designed to fool the uninformed: her exchanges on her illicit private e-mail server weren’t classified because they were made on her illicit private e-mail server!

(Meanwhile, there are all those other e-mails Hillary had destroyed before the State Department could review them and after she knew that they would be subpoenaed.  Who else has them? Never mind: we trust Hillary’s judgment, right?)

Writes Turley in his latest post on this topic (like me, the usually liberal George Washington University law professor professor seems to be especially offended by Clinton’s dishonesty, recklessness and smug denials ): Continue reading →

My Answers To The “Ten Questions For Supporters Of “The Movement For Black Lives” And Anyone Else With The Guts To Consider Them”

Yes, it IS the same thing as "out of the circle": you know, Rude.

Yes, it IS the same thing as “out of the circle”: you know, Rude.

I allowed, for the most part, the debate following the post from last week, “Ten Questions For Supporters Of “The Movement For Black Lives” And Anyone Else With The Guts To Consider Them.” to continue largely unimpeded by interjections by me. I did this in part because of lack of time and energy–I am still wiped out by a bout with bronchitis—but eventually because I wanted to see where the discussion went without me. I saw. I read. I was depressed.

Here is how I would answer the ten questions. I will for the most part use Charlie Green’s responses as a foil, because he can take it.

To briefly review for those who did not see the initial post, the questions were sparked by an incident following the a three day conference held at Cleveland State University for the Movement for Black Lives.

On the final day, as supporters of Movement for Black Lives were leaving CSU, they saw Greater Cleveland RTA officers with a black teenage boy in handcuffs at a bus shelter. The rest is from Cleveland.com, linked in the article:

The conference participants immediately assumed that the police – not the boy – had done something wrong and began rallying against the police, demanding to know why he was in handcuffs and that he be released. Nobody could have known what was going on. But that didn’t’ seem to matter. The crowd fed on itself.

The RTA later explained that its officers had removed the boy – who they suspect was intoxicated — without incident from a bus and sat him at shelter at Euclid Avenue and East 24th Street so they could get information from him and call his parents. The police officers said in a report that they found the teen on the bus passed out and drooling. He was cuffed as a matter of procedure. As the crowd swelled, the police placed the boy in a police car for his safety, the RTA said in a statement. Then, protesters — many of whom were filming the action on their cell phones – surrounded the RTA police car and prevented the police from moving the teen. (Normally, RTA officers take juveniles to police headquarters, where they are released to an adult.)

An RTA officer then did something stupid. He shot pepper spray at people blocking the patrol car — a move that incited the crowd and played perfectly into the conference narrative about police. Several people were hit and were seen washing out their eyes with water, according to video of the incident posted online….

When an ambulance arrived to check on the teen boy, the crowd moved to allow him to be examined. As police walked him to the ambulance, the crowd chanted “Take them off, take them off” in reference to the handcuffs. The teen was released to his mother, who arrived on scene, and the incident ended….

Brandon Blackwell, a crime reporter for the Northeast Ohio Media Group who frequently covers police and demonstrations, saw the pepper spray video and rushed to the scene. When he arrived, the police were gone but the crowds remained. Blackwell then did what he always does. He started recording with his cell phone and asking questions. On Sunday, he used Twitter’s Periscope app to broadcast the scene live. But the crowd turned on Blackwell as he filmed a large group gathered in a circle on a sidewalk outside of a CSU building. A man announced the circle was only for people of “African descent.”

Blackwell, who is white, was dressed in his daily uniform of jeans, a black T-shirt and Converse shoes. He stepped outside the circle and continued to record. Then, people began blocking his camera with shirts, theirs hands, signs and other objects, including an orange traffic cone….During one of the tense moments in the exchange, Blackwell demanded that those blocking his view not touch his camera.

“I got 800 black people behind me, what the fuck you going to do,” a man responded, getting in Blackwell’s face while continuing to block his camera.

Blackwell asked for someone to get the guy away from him, but more people came at Blackwell instead.

1. How was this rally ethically distinguishable from a white supremacy or a KKK rally?

To begin with, it was a spontaneous rally arising out of an organized gathering. The apparent purpose of the demonstration, a protest against alleged police mistreatment of black citizens, is ethically valid, unlike protesting the “mongrelization of the white race” or equal rights for African Americans. However the manner of the protest and its demonstrated values—animus to another race and presumed bad character and lack of trustworthiness of “the other,” in this case, those not of “African descent,” is similarly exclusive, unjust, divisive, unfair, irresponsible and prejudiced—racist.

The answer, therefore, is “Not enough.”

Charles answered, “The same way an anti-Jewish Nazi rally is ethically distinguishable from a Jewish anti-Nazi rally. Does this really require explanation given history?” It’s a flip answer, but it is also dead wrong, and more than a little bit of a deflection. The crowd was protesting abusive police practices, supposedly, not white abuse practices, and not whites. Why would an anti-Klan rally or an anti-Nazi rally  demand a racial or ethnic qualification to participate? Presumably anyone who objected to these racist movements would be welcome to a protest, and if they weren’t, then there is a rebuttable presumption that was demonstrating against something more than just conduct.

2. If Blackwell refused to “go to the back of the bus” as commanded, why would he be any less in the right than Rosa Parks?

Charles’ deflection got more desperate here. He wrote:  “That is an absurd analogy. Blackwell was not a minority. Parks was not a reporter. You didn’t state whether the press was allowed, or disallowed. I honestly don’t know enough to answer, but if you do, you should have mentioned it. Not enough info, and an inflammatory metaphor on your part.” I said that the rally was on public property, and that is enough. The press cannot be excluded from a public event, which this was, on public property.

Let’s assume, for Charles’ comfort, that this spontaneous rally of race-baiters who automatically assumed that a drunk and drooling kid being taken off a bus for his own good was going to be executed a la Walter Scott took place on the bus itself—which is no more or less public than the  street or a public university. Blackwell was being relegated to second-class citizen status—“out of the circle” is no different from “the back of the bus,” and arguably it is worse—due to his skin color, and for no other reason. That’s racism. That’s oppression.  That’s unethical; that’s wrong. That he may not be a “minority” according to the demographic of the nation—gee, can he feel discriminated against in 2050, when whites will be a minority, Charles?—is absolutely irrelevant, unless you believe, as I am sure Charles does not, that prejudice and discrimination on the basis of skin color is only wrong if a majority member does it. Moreover, Blackwell was not in the majority there, as the nice gentleman who threatened him with mob violence was kind enough to point out.

The correct answer: Blackwell had every bit as much right to hold his ground in a public place against a racist command that denigrated him as a human being and as a citizen as Rosa Parks did.  If it’s an inflammatory comparison, that is only because those rationalizing the conduct of the demonstrators recoil at the ugly truth.

3. If this is the developing tenor of the BlackLivesMatter movement, why shouldn’t the movement be regarded as a racist one and treated accordingly?

Is it the tenor of the Black Lives Matter movement, as well as “The Movement For Black Lives”? That certainly seems to be what all the signs point to, though I am willing to wait a bit longer. In this case, the group instantly began interfering with legitimate police work, without knowing any facts. That is certainly bigotry, if not racism. Bigotry arises from an irrational, automatic assumption that a group’s members are not trustworthy because they are assumed to possess unattractive and negative characterizations and behavior traits.

Answer: If the various movements continue to act in a bigoted, prejudicial or racist manner, and they have, then they should be regarded and treated as they are.

Charles answered, in a line he may long regret, “Rudeness still does not constitute racism under the law, at least as I understand it. A false conclusion.” Ordering a black man out of a restaurant because of his skin color is rude—it is also dehumanizing, humiliating, offensive, cruel, divisive, and racist. So is telling a reporter that he must “leave the circle” because of where his ancestors came from.

4. How can a university justify allowing a racially segregated event like this to occur on campus?

Trick question. The university didn’t, because the event itself wasn’t segregated. Reports indicated that the conference was racially diverse. However, no public institution could ever ethically use its authority to allow a racially segregated group to hold an event. White students must be allowed to take Black Studies courses.

Charles wrote: “This is the question that colors all the others. Is the university allowed to distinguish between in-group meetings, or not? If it permits such meetings, I see nothing unique about race that would distinguish it. If you’re allowed to have Jewish-only or gay-only groups, then how can you argue you shouldn’t have race-only groups?”

My position is this: if racial minorities do not want to be excluded on the basis of race, then they cannot argue that racial exclusion is justified. The Golden Rule applies. Any other stance is hypocrisy, and permanently undermines progress in eliminating racial bias as long as it persists. This is why affirmative action is both ethically wrong and counter-productive. It is why there should not be televised awards shows for black athletes and black entertainers, and it is why the race-based appointment policies of the Obama Administration have undermined racial trust. You cannot end discrimination by discriminating, and you cannot simultaneously condemn racism while practicing it.

5. Why isn’t condemning such demonstrations a liberal and progressive obligation, and supporting such a demonstration a reactionary one, hostile to civil rights?

Answer: It is an obligation. Because civil rights advocates are unwilling to give up the racial spoils system that sustains them and their organizations, they refuse to meet it. Obviously supporting a race-segregated demonstration is hostile to civil rights.

6. Is there an African-American leader, elected official, commentator or reporter with the courage and integrity to state that this conduct is unethical, illiberal and damaging to the social fabric of the country?

and

7. Are there any white ones with that courage and integrity?

Charles jumped the shark here, answering: “If it’s not unethical or illegal, then the race of someone refusing to agree with you is irrelevant.” This both unethically re-frames the question as being about me, and eliminates a key element of the question, that the conduct is unethical. The conduct involved discrimination based on skin color and ancestry, and that is per se unethical, racist and wrong, no matter who engages in it. That is not my opinion; that is truth. The reason that I selected these individuals for the query is that their societal roles makes truth-telling part of their professional and ethical obligations. As for whites, the issue is fear of being called racist by a panel on CNN or MSNBC.

Answer: If there are, they have been mighty quiet about it.

8. If a rally at the University of Massachusetts demanded that all non-whites leave, this would be a major news story and pundits would be warning that a new wave of anti-black racism was on the rise on college campuses. Why didn’t this incident spark the same kind of publicity and commentary?

Charles denied that a white mob at UMass demanding that a black reporter step to the back of the circle would get negative publicity, a denial that defies explanation, logic and history.

My answer: It didn’t attract the same kind of publicity and commentary because there is a pernicious double standard among the commentariat and in the culture that excuses and rationalizes anti-white racism, just as Charles does.

Here I will address briefly the cultural comments Charles made in a subsequent comment…briefly, because I believe long-time commenter here Glenn Logan knocked them over the wall. A lot of these discussions end up in dead-end alleys where an advocate for a manifestly bigoted and racially biased-position held by the African American community argues that whites don’t understand why blacks feel the way they do. This was the issue that got me censored on Ampersand’s progressive blog, and ended his helpful, if predictable, ideological contributions here. His f0llowers insisted that it wasn’t unreasonable for blacks to feel that George Zimmerman should have been convicted of murder—absent any convincing evidence other than the color of the victim, Trayvon Martin—because of history, and accumulated grievances. Similarly, this was the argument for why the shooting of Michael Brown should have led to charges against Darren Wilson–because everybody knows “this” happens all the time, ergo it is reasonable to assume that it happened to Brown, regardless of the facts. This was essentially the damaging rationalization offered by President Obama in the wake of the Ferguson riots.

This reasoning is just a rationalization for bias, emotion over reason, bigotry, injustice and prejudice. I can understand how people become racists or sexists or anti-Semites, and why blacks assume that every black suspect killed by a police officer was an unarmed innocent who had no part in his own demise, can’t you? I understand why so many blacks distrust people because of the color of their skin; what I can’t understand is why they can’t figure out that if they act exactly like the whites who made them distrust whites, whites will continue to distrust them. This is all bias, and people telling me that a destructive bias should be accepted because there’s a reason for it is not a persuasive or a responsible argument. Biases always come from something; there are always reasons people are biased. So what? It’s still bias, and anti-white biases are no more acceptable and no less destructive than other biases.

9. How is the sentiment, message and conduct illustrated by demonstrations such as these helpful, productive, or anything but destructive?

Answer: It’s terribly destructive, and since it is, it should be called such by the most respected and trusted voices in the culture, and not minimized with euphemistic terms like “rudeness.”

10. A popular and much quoted tweet, attributed to various conservative wags, is this. It is dismissed by Democrats and progressives as being an anti-Obama shot and no more. Why isn’t its underlying message undeniably true?

Charles said:  “This is inflammatory, ridiculous, and goes to the heart of the matter. You know better and it is beneath you. It is people like the echo chamber you lead on this particular issue who insist that racism is the fault of the victims, that Obama has been the cause of greater racism, and that blacks should shut up, ignore history, behave themselves and all of us agree to pretend that racism is something that happened long ago, and if everyone just acted white it would all go away.”

I have never insisted or argued that racism is the fault of the victims. And Charles knows this is no echo chamber. On this topic, it is the mainstream media that is the echo chamber.

But the “underlying message” is 100% true. Railing against those with the integrity to call out the divisive—not always intentionally divisive, but incompetently, irresponsibly divisive—policies, manipulations and rhetoric of the Obama Democrats doesn’t obscure what surveys show, what we see and hear, and the sudden spike of murder statistics across the country as a direct result of casting law enforcement as racial conspiracy.

It all was seeded, of course, by the cynical strategy, developed even before Obama was elected, to characterize the same kind of criticism all recent Presidents have been subjected to as racially-motivated, even as this ill-prepared leader has lurched from one disaster to another, domestically and abroad. This was excellent for the goal of making sure that African Americans, whose fortunes have suffered more under this President than any other group, voted for skin-color over self interest in 2012. It has also been a social and cultural calamity. Still, the strategy continues. In the Washington Post last week, for example, African American columnist Colbert King relayed this:

U.S. representative and caucus member James E. Clyburn of South Carolina, the third-ranking House Democrat, said he regarded Netanyahu’s speech as an “affront to America’s first black president.” In an interview with USA Today columnist DeWayne Wickham, Clyburn called Netanyahu’s White House end run “a real in-your-face slap at the president, and black folks know it. . . . [Netanyahu] wouldn’t have done it to any other president.” Pressed as to why Netanyahu would disrespect Obama, Clyburn responded, “You know why.”

That’s right, opposition to the insane Iran deal is all about racism. Netanyahu isn’t worried that a nuclear powered state that continues to declare that it will wipe Israel off the face of the earth might just do it; naw, he just doesn’t like blacks who are presidents. And since Republicans gave him a chance to plead for his nation’s existence, this is just more proof that they are racists too.

Hey, but I understand why they feel that way, so it’s okay.

 

Jury Nullification Ethics: Denver’s District Attorney Tries To Make It Illegal To Teach Jurors About The Power Of Juries

ZengerIs it just me, or does it seem to everyone as if  a lot of public officials have been trying to shrink the First Amendment lately?

Jury nullification is the doctrine, rich in jurisprudential and American history, that declares that juries have the power and the right to reject what they believe are either unjust criminal laws or unjust prosecutions, and acquit defendants who may have been proven guilty on the evidence, essentially nullifying the law by refusing to enforce it . They definitely have that power: once a citizen is declared not guilty, that citizen cannot be tried again. The dilemma is that neither judges nor lawyers are permitted to let juries know about nullification, since nullification defies the law. A defense lawyer mentioning it in a closing argument risks a mistrial, and bar sanctions. In most jurisdictions, judges instruct jurors that it is their duty to apply the law as it is written whether they agree with the law or not. In only a few states are jurors expressly permitted to judge both the facts and the law of the case. In 2012, New Hampshire passed a unique law explicitly allowing defense attorneys to inform juries about jury nullification.

In Denver this week, Mark Iannicelli, 56, set up a small booth with a sign that said “Juror Info” in front of the city’s courthouse. The Denver District Attorney’s Office has charged him with eight counts of jury tampering, because Iannicelli used that booth to hand out flyers about jurors’ rights to practice jury nullification to jury pool members. Yes, he has been charged with tampering with juries that aren’t even juries yet. Continue reading →

When Law Co-Opts Ethics: Florida’s Unconstitutional Pro-Gun Doctor Gag Law Upheld

Unbelievable!

“See doc? That’s what you get for shooting your mouth off! Get it?”

A federal appeals court this week upheld an NRA-crafted Florida law making it illegal for doctors to ask questions and record information about a patient’s gun ownership. Medical groups had challenged the law, arguing that it infringed on doctors’ First Amendment rights.

Which it does. The law is an outrageous incursion on free speech in order to protect gun owners from unwelcome anti-gun lobbying by their physicians.

Among other restrictions, the law says doctors must refrain from asking about gun ownership by patients or family members unless the they believe in “good faith” that the information is relevant to medical care or safety. It also prevent doctors from discriminating against patients or “harassing” them because of owning firearms, which presumably means that it is illegal for a doctor to tell a patient, “You’re too clumsy to own a gun, and if you blow your damn face off, don’t come crying to me.”

“The purpose of the act, as we read it, is not to protect patient privacy by shielding patients from any and all discussion about firearms with their physicians; the act merely requires physicians to refrain from broaching a concededly sensitive topic when they lack any good-faith belief that such information is relevant to the medical care or safety of their patients or others,” said the 2-1 majority opinion, written by Judge Gerald Tjoflat and joined by Judge L. Scott Coogler.

Dissenting Judge Charles Wilson argued that the law violates the First Amendment rights of physicians:

“Simply put, the act is a gag order that prevents doctors from even asking the first question in a conversation about firearms. The act prohibits or significantly chills doctors from expressing their views and providing information to patients about one topic and one topic only, firearms.”

I don’t see how anyone can dispute that analysis. I especially don’t see how the other two judges dispute it.

Doctors shouldn’t use their position of influence to try to impose their political, social and life-style views on patients. If the American Medical Association wants to declare that to be an unethical abuse of a doctor’s status and a patient’s trust, I wouldn’t complain. The law, however, has no more business telling doctors that they can’t advise their patients that owning guns may be bad for their health or their neighbor’s health than it has making it illegal for doctors to tell patients that Donald Trump is just what this country needs in the White House. What’s next, telling dentists that they can’t tell you about their brilliant kids while they’re poking around your mouth?

The state doesn’t have to get involved in what patients and doctors talk about, shouldn’t, and mustn’t. This is a job for ethics, not law. If a doctor won’t stop telling you that the Second Amendment should be repealed, the remedy is easy: tell him to shut up, or you’ll find a new doctor.

Or just shoot him.

Kidding.

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Pointer: Legal Ethics Forum

Ethics Quiz: A Minimum Wage Lecture Instead Of A Tip?

Diners and bar patrons in Seattle are apparently registering their displeasure over the city’s whopping minimum wage hike (to $15 an hour) by leaving this card instead of a tip:

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Your Ethics Alarms Ethics Quiz:

Is this an ethical protest?

My view?  There are minimum wage employees in bars and restaurants, but waiters and bartenders often aren’t among them. In the case of the bartender who publicized this patron’s printed rant, we learn, he is not a beneficiary of the minimum wage increase, and his livelihood depends on tips.

A tip, as Ethics Alarms has stated before, should be based on quality of service. To withhold a tip from a server or bartender—which should be message about service—to register an objection regarding the city’s wage statutes is neither logical nor just. Among the card’s three options, the first is completely reasonable, the second is a necessary consequence of living in a democracy, and the third is just behaving like a jerk. I bet the guy that left this card kicks his dog after a bad day too.

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Pointer: Fred

Further Ethics Observations On The Planned Parenthood Videos

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1. The fourth in a series of surreptitiously obtained videos depicting Planned Parenthood officials discussing the sale of fetal body parts for research has been released. The Center for Medical Progress is the anti-abortion group that has created these videos: it defines itself as a “citizen journalist” project. Since these videos have been made using deception and without the safeguards of established journalism ethics by untrained and non-objective journalists, Ethics Alarms has consistently held that they are the result of unethical conduct, regardless of the motives behind them or what they show.

I am, reluctantly, reversing that verdict. The reason is the now undeniable refusal of the mainstream media and professional journalists to do their duty regarding the abortion issue in general and Planned Parenthood in particular. Despite the significance of these videos, the attack on Planned Parenthood and the fact that abortion is the most contentious and least resolved moral-ethical issue of our time, the news media, broadcast and print, have intentionally and unconscionably avoided covering the Center for Medical Progress videos and the issues they raise. The average American who does not monitor the news over the internet probably isn’t aware of the videos at all, and certainly has no sense of their content.

Journalism ethics codes state that deception and surreptitious means are only justified as investigative methods of reporting when more open and transparent reporting cannot obtain the facts. When professional journalists shrink from their duty to obtain the facts and report the truth, citizen journalists must take over, because democracy requires truth and transparency. Journalists should have made these videos. Because reporters abdicated their duties, those who picked up the dropped banner of probing investigative journalism regarding vital national issues should not be condemned. They should be praised, and by everyone, including journalists. If a fire fighter refuses to enter a burning building to rescue a child, and a citizen knocks down a door to do the job, I don’t want to see that citizen charged for the cost of the door, or criticized for acting. The videos are a public service, and necessary perspective on our society’s war against the unborn. Continue reading →