The Unethical Opposition To Tennessee’s Fetal Drug Abuse Protection Law

200439961-001Tennessee is one of the most activist states that it comes to protecting children; for example, it has the among most stringent laws in the nation regarding the mandatory reporting of suspected child abuse. It also has a new law that just went into effect this month that allows officials to arrest mothers for assault who illegally use narcotics while they are pregnant if the child is born with symptoms indicating that the drug use impaired the child’s condition.

Predictable and tiresomely, the media and “war on women” scolds are attacking this is yet another incursion on the rights of women to have dominion over their own bodies. Think Progress, dishonestly, calls it a “pregnancy criminalization law.”  This is intentional misrepresentation, a TP specialty. The law doesn’t criminalize pregnancy in any way, by even the most distorted interpretation.  The knee-jerk opposition to the law highlights the problems of consistency and integrity that the women’s rights and pro-abortion forces have in all the areas relating to childbirth. Essentially, their position is that if conduct is related to child birth—or preventing it—in any way, anything they say, want or do must be accepted, and asserting otherwise, no matter what the justification, makes the government an oppressor of women. Continue reading →

Ethics Quiz: Is It Ethical For The President To Cut In Line?

"I'm more important than you are, so I'm cutting in line."

“I’m more important than you are, so I’m cutting in line.”

[Fred, who sent me this one, prefaced it by writing, “You’ll love this.” He was right. I do. I also hate it.]

News Item ( Austin 360):

“Following his speech at the Paramount, President Obama’s motorcade traveled to Franklin Barbecue on East 11th Street. The restaurant is well known for its great brisket and extremely long waits, but the president circumvented that using the powers of his office. “I know this is a long line. I feel real bad, but – I’m gonna cut,” Obama said, according to a pool report from the Statesman’s Chuck Lindell. [Owner] Aaron Franklin told the Statesman’s Ciara O’Rourke that nobody cuts the line at Franklin … except Obama.”

Your Ethics Alarms Ethics Quiz of the Day:

Is it ethical for the President of the United States to cut into a line for goods or services?

Can you guess my answer?

It’s not just “no,” but “Hell, no!”

Talk about the Imperial Presidency! There is no basis, justification or excuse whatsoever for the President to cut into line under these circumstances, especially by saying, “I’m gonna cut.” The proper answer to that, my friends, is “No, you’re not, Mister President. Why don’t you ask politely, and maybe everyone ahead of you will be magnanimous and agree?” Continue reading →

Judges At Work

Supreme Court protests

In the threads here stemming from Judge Kopf’s impolite and unprofessional verbiage directed at the Supreme Court, some members of the Nebraska federal jurist’s fan club have sought to justify his incivility by asserting that the judicial system itself is “broken,” and that, more specifically, judges ought to just concern themselves with judicial errors of their lower court colleagues and eschew political controversies, such as, I must presume based on the context of the judge’s compliant, when the other branches of the government break laws and violate constitutional principles.

To say that I’m cynical about this argument understates the case.What it means, I believe, is that members of one partisan orientation believe that the system is broken as long as judges who do not share their progressive biases are in a position to rule on various controversies where judicial intervention is necessary and appropriate, but will no longer be considered “broken” once progressive-minded jurists are in a position to do the intervening, whereupon the critics like Judge Kopf will drop their objections.

The fact that the system is not “broken” and that judges are doing their jobs when called upon to protect the public from abuse of power was illustrated by two events this week: Continue reading →

Comment of the Day: “The Obama Outhouse Float: Not Racist, Just Wrong”

Obama float

Rick Jones, a drama professor, deep thinker and superb writer, weighed in on the controversy over the tasteless Independence Day float in Norfolk, Nebraska. (As an aside: did my trip to Nebraska last week unleash something in the Ethics Cosmos? First this story, then the Nebraska judge telling the Supremes to “stfu”?) Rick courageously wades into the messy and contentious area, often discussed here, of racial motivations behind criticism of Barack Obama. Here is his Comment of the Day on the post, The Obama Outhouse Float: Not Racist, Just Wrong:

I’ve written about this incident, as well, and we generally but don’t totally agree.

I’m intrigued by the discussion of racism. Certainly I agree that nothing in the events described qualifies as inherently racist… but I think the word “inherently” matters here. The fact that there is not an obvious racial motivation for what is clearly an intentionally offensive float, one which displays its creator’s “disgust,” does not mean that it is intrinsically devoid of such volition. Even the little boy who cried “wolf” was right once. Similarly, whereas there are those who reflexively scream “racism” at every criticism of the current President, that doesn’t mean that there aren’t expressions of anti-Obama sentiment which really are grounded in the fact that he has a little more melanin than you or I do.

In this case, Ms. Kathurima and her daughter have experienced racism—or believe they have—and you say that you “don’t blame her” for perceiving it in this instance. Nor do I. That Mr. Remmich intended to insult the POTUS, I think goes without saying. Why, specifically, he set out to do so is an open question. Maybe it’s racial. Maybe it’s political. Maybe he knows his neighbors and pandered to their predilections. I certainly don’t know, and I wouldn’t be surprised if he doesn’t, really, either.

I grapple with a variation on this theme constantly in my professional work, especially in the area of communication theory as it applies to aesthetics. Oversimplified a little, the modernist/positivist view is that the sender of a message creates and encodes meaning, and the receiver’s job is to “find” the meaning through a process of decoding. The post-positivist view, however, is to argue that the sender catalyzes rather than creates meaning, that meaning is in fact created by the receiver of the message. To me, the two positions are equally valid.

One of my standard approaches to this dilemma is to suggest to students that “somewhere in this room is someone who has had a major fight with a loved one because what one of you thought you said was not what the other thought he/she heard.” Moreover, whether the “blame” for a misinterpretation should be placed with the sender or the receiver is likely to be influenced in your mind not so much by philosophical or theoretical concerns as by which of those positions you happened to occupy on the occasion in question.

We are left, then, with two significant questions, neither or which I am prepared to answer with confidence. 1). Is the meaning of a communication determined by the sender, the receiver, or by some presumably objective external agent? 2). At what point does a particular reaction pass from confirmation bias into, well, experience?

_______________________

Continue reading →

A Too Common Media Practice That Is Per Se Unethical: The Purchased “Opinion”

"But remember---we tell you what opinion to express. Deal?"

“But remember—we tell you what opinion to express. Deal?”

Lanny Davis, the attorney and Washington D.C. political consultant who became a tiresome, repetitive and shameless presence on national television during the Monica crisis, has just authored a review of sorts of Hillary Clinton’s book, “Hard Choices.” On “The Hill,” he pronounces it a genuine portrait of its author, and as accurate as it is complimentary. “No, Hillary Clinton hasn’t changed through all the years: the importance of family and friends, the “service gene” as active today as I witnessed some 45 years ago,” David writes, ” motivating her to “never quit — never stop working to make the world a better place.”

Maybe the book is wonderful, and maybe it isn’t; about that, I do not care. Davis begins with a lie: he says that the book’s sales “are strong,” when the buzz on the web, and not just among those rooting for Clinton to fall on her face, is how disappointing sales are. But Davis is paid by his clients to shade the truth; I’m not going to quibble about the deceit inherent in “strong.”

This, however, matters, and it is a long-held pet peeve of mine: Lanny Davis works for the Clintons. He has for years. If he is not currently on Hillary’s payroll, he will be, or is angling to be: pick a, b, or c. The conclusion is the same no matter which it is: he is biased; he will personally benefit from endorsing Hillary and her book, and thus his article, which purports to be an honest, objective, reliable assessment, is almost certainly nothing of the kind. Continue reading →

Ethics Dunce: Federal Judge Richard G. Kopf

"Oh dear...and he looks like such a NICE federal judge!"

“Oh dear…and he looks like such a NICE federal judge!”

Richard G. Kopf is a senior district court judge on the U.S. District Court for the District of Nebraska, and a blogger. He is also,I would say obviously, an Ethics Dunce. Why?

He told the U.S. Supreme Court to shut the fuck up.

He really did.

That he did this on his blog, Hercules and the Umpire, doesn’t matter. It was in print, in public, and he’s a Federal judge. The obscenity came in the context of Judge Kopf’s criticism of the recent Hobby Lobby decision, but the context doesn’t matter either. There is no context in which it would be appropriate, judicial and ethical for a member of the judiciary to tell the Supreme Court of the United States to shut the fuck up. Nor does it matter that he used the texting code stfu rather than spelling out the words.

For a Federal judge to be openly disrespectful, uncivil and abusive to the top of the nation’s judicial branch is an assault on the rule of law, and undermines public respect for our institutions. As lawyer and blogger Rich Hasen wrote, Continue reading →

The Obama Outhouse Float: Not Racist, Just Wrong

Racist float? Why not? Well, a) Bill Clinton's not black b) it's not a 4th of July parade, c) this is in Germany and d) it's not Obama.

Racist float? Why not? Well, a) Bill Clinton’s not black b) it’s not a 4th of July parade, c) the parade is in Germany and d) most important of all, it’s not President Obama.

It was almost a year ago that a rodeo clown donned an Obama mask, and the NAACP demanded that the Secret Service investigate him, and the clown lost his job. It is considered acceptable that in the nation’s capital, five people in  big-headed costumes depicting the Mt. Rushmore Presidents (and William Howard Taft) race around a baseball stadium as the crowd laughs at their antics, but any mockery of the current President of the United States will be immediately attacked as “racist.”

Thus an appallingly stupid, tasteless and inappropriate float in a Norfolk, Nebraska Independence Day parade is further straining already damaged race relations in this country, because it depicted a distressed man coming out of an outhouse labelled the  “Obama Presidential Library.” The Norfolk Odd Fellows Lodge, which coordinates the annual parade, is defending the float, which was entered as political satire (it even won an award). Others, however, have condemned it as, you guessed it, racist.  Here it is:

Obama float

It isn’t racist. Although many media reports have described the zombie-like figure exiting the outhouse as a representation of the President, it clearly isn’t. Does President Obama use a walker for support? The float’s designer, Dale Remmich, who does use a walker and dresses like the figure on the float, explained that the figure was meant to be Remmich himself, tinged green out of disgust for, among other things, the Veterans Administration fiasco. As for portraying Obama’s future library as an outhouse, that’s not racial imagery, though it is obviously a statement communicating criticism and disrespect. The same imagery would not have puzzled anyone if it had been used to criticize any other recent President; nobody would have looked at the exact same float except with the label “George W. Bush Presidential Library” on the outhouse and said, “I don’t get it. Bush isn’t black.” That’s because it isn’t the design of the float that makes it racist, just as it wasn’t the use of a mask that made the rodeo clown’s act racist, in the eyes of those making the accusation. What makes it racist is the criticism and the mockery, its target. Criticism and mockery of other Presidents went with the territory. Criticism of the first black President is by definition racist. Continue reading →

Ethics Hero Emeritus (Independence Day Division): John Dickinson (1732-1808)

Villainous, singing version on the left; heroic, real life version on the right.

Villainous, singing version on the left; heroic, real life version on the right.

It is the American patriot John Dickinson’s curse that the very strength of character that caused him to stand out among the other Founders and that led them to respect him as much or more than any other also made him the black sheep in the inspiring tale of American independence. This led to relative obscurity. Although Dickinson is honored (along with his wife) by Dickinson College, Dickinson School of Law of the Pennsylvania State University, and University of Delaware’s Dickinson Complex, he is largely unknown to most Americans. He would be even less known, had Peter Stone not chosen to make him the villain of his 1969Tony-winning musical “1776,” where he was portrayed as a conservative loyalist who almost single-handedly foils the efforts of John Adams, Thomas Jefferson and Ben Franklin to declare independence from Great Britain. Whatever that choice’s dramatic virtues, it was unfair to Dickinson in every way.

Raised a Quaker, educated as a lawyer and a farmer by trade, Dickinson began public life in 1760 when he was elected to the Delaware legislature. During the next fifteen years he served both in that body and in the Pennsylvania legislature, a rare dual service made possible because he owned property in both colonies.

When the British Parliament instituted measures in the Colonies to raise revenue and provide for the quartering of British troops, Dickinson was one of the most eloquent and persuasive critics of the Crown, always with the intention of finding a satisfactory negotiated accord that did not involve the threat of armed rebellion. He urged Americans to rely primarily on economic pressure to oppose the hated Stamp Act, and he enlisted the influence of British merchants on the colonists’ behalf. His diplomatic orientation seemed like a prudent antidote to the firebrands calling for revolution in Boston, so the Pennsylvania legislature appointed him to represent that colony at the Stamp Act Congress of 1765. There he advocated the proposition that reconciliation was possible if the King and Parliament would only realize that colonial opposition was in the grand tradition English principles of political liberty. Dickinson set his reasoning to paper in his “Letters from a Farmer in Pennsylvania,” a series of deft essays that brought Dickinson international fame as a man of reason and principle. Continue reading →

Ethics Quote Of The Week: Bill Bigelow

FireworksHistory5

“The pretend war of celebratory fireworks thus becomes part of a propaganda campaign that inures us—especially the children among us—to current and future wars half a world away.”

—Former teacher and current Howard Zinn disciple Bill Bigelow, in a jaw-dropping screed titled “Rethinking the Fourth of July”

Revolting and hateful right wing radio host Michale Savage authored an appropriately revolting and hateful book titled “Liberalism is a Mental Disorder.” That kind of marginalization of dissenting opinions apes the tactic of recent totalitarian regimes, which often subjected political enemies to forced hospitalization as “insane.” Extreme ideological zealotry that refuses to acknowledge either the good faith or the possible virtues of opposing views is anathema to a functioning democracy, and the fact that we have a toxic amount of such zealotry right now is one of the reason our government isn’t working very well.  Nonetheless, when I read a statement like the quote above, I cannot help but ponder how any rational individual reaches the point where he would think such a sentiment was worth publicizing. I think it is a form of ideology-sparked derangement. That doesn’t mean that liberalism is a mental disorder. It may mean that intense indoctrination in leftist (or conservative) cant leads to progressive derangement.

How does someone come to see the colorful spectacle of fireworks as “pretend war”? The invention of fireworks predated the use of bombs as weapons. They are an art form, and nothing more nor less. All right, they are also fun. (Can’t have that.) Seeing celebratory firework displays as indoctrination requires a paranoid view of one’s country and the world.  Continue reading →

Ethics Quiz: Virginia’s Forced Vasectomy

"Well, they can't all be "shouting fire in a crowded theater," Oliver. So you had an off day....it happens.

“Well, they can’t all be “shouting fire in a crowded theater,” Oliver. So you had an off day….it happens.

One of the skeletons in the Old Dominion State’s closet is the 1924 “Virginia Eugenical Sterilization Act,” a  law allowing the sterilization of citizens adjudged to be in a long line of mentally deficient idiots. The law was upheld in the infamous  1927 Supreme Court opinion in Buck v. Bell, in which the great Justice Oliver Wendell Holmes, to his undying shame, wrote,

“It is better for all the world if, instead of waiting to execute degenerate offspring for crime or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind…Three generations of imbeciles are enough.”

So approved, Virginia’s eugenics law lasted into the 1970s, allowing the state to sterilize more than 7,000 people in mental institutions. The law was repealed in 1979, and victims are seeking reparations. Now the ghost of that law is hovering over the resolution of a current case.

The only thing Virginian Jessie Lee Herald has done on his 27 years more than get in trouble with the law is have children: so far he has had seven (with six mothers) and his current wife says she wants more. He recently fled the scene of a car crash with his injured 3-year-old son. Herald pleaded guilty to felony child endangerment, felony hit-and-run, and misdemeanor driving on a suspended license. Investigators who went to his home found his child to have been neglected, with, among other things, shards of glass in his diapers.

A Shenandoah County prosecutor, Illona White, proposed a plea deal that would reduce Herald’s prison sentence to just four years: he would have to agree to a vasectomy. He took the deal, which also requires him to pay for the operation.

Your Ethics Alarms Ethics Quiz of the Day:

 Is it ethical for a state to make a convicted felon choose between prison time and sterilization?

Continue reading →