The DEI Slippery Slope Goes Here:

Suraj Bhaskar, 20, from Uttar Pradesh, one of the Indian states, failed the NEET medical school admission exam twice. Determined to become a doctor, however, the plucky young man wouldn’t give up. Indian law mandates a 5% set aside in admissions for people with disabilities (PwDs) in government-aided higher education institutions, including medical colleges.

So he cut off his foot.

A police investigation indicated the violent assault on Suraj that his older brother reported was in fact a carefully planned ruse. The aspiring doctor was indeed found unconscious with a severed foot, but the plot fell apart rapidly.

“The accused tried to mislead the investigation with a fabricated story, but his claims did not stand scrutiny during sustained questioning and examination of evidence,” a police spokesperson told local reporters. A diary belonging to Suraj conatined an entry that read, “I will become an MBBS doctor in 2026,” and his girlfriend testified to Suraj’s obsession with getting into medical school. He had unsuccessfully tried to obtain disability-related documents a few months prior, but was foiled. The medical report determined that Suraj’s foot had been cleanly cut off, most likely with a machine, and the incision was too clean to have been inflicted with a violent knife attack as the two brothers claimed. The syringes found in a field near where Suraj lay strongly suggested that used a drug to numb his legs before performing the self-amputation.

His foot is still missing.

There appears to be some doubt as to whether any charges or punishment will follow with this scheme, which is widely seen as self-punishing. If nothing else, Suraj’s medical career has definitely gotten off on the wrong foot.

I’m sorry, but I regard it as unethical to pass up an obvious punch line like that.

Musk’s Ethics Rorschach Maduro Meme

I was originally going to make Elon Musk’s endorsement of the meme above on Twitter/”X” an ethics quiz, but decided, after reading the furious and wide-ranging arguments from Ann Althouse’s own commenters that I’d rather focus on this as an example of how political orientation, personal morality and confirmation bias combine to make cultural coherence increasingly difficult today.

The main focus of the comments…there are 141 of them now (I’m envious)—is on Althouse’s declaration that it is “shameful” for Musk to circulate such a thing with a laughing emoji.

I must confess, I didn’t completely get the joke at first because I didn’t recognize rapper, P Diddy (Sean Combs), now serving time in a Federal prison for sex-related charges. Rap and Hip-Hop are big holes in my cultural literacy.

Had I used the meme as an EA ethics quiz, my own conclusions would have been 1) jokes are not unethical if they make people laugh, even if they are cruel, vulgar, or politically incorrect, but 2) it is unethical, as in irresponsible and incompetent, for important, valuable, influential figures in our culture to gratuitously and recklessly undermine their own credibility and popularity by associating themselves with divisive practices and ideas for no good reason. President Trump does this constantly. It is Cognitive Dissonance Scale malpractice.

However, Ann’s single word “Shameful” landed in her blog like a bomb thrown into Times Square at midnight on New Year’s Eve. You can (and should) read the responses here. An incomplete summary of the various arguments:

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Flashback: Depressing How Little Has Changed In 16 Long Years…

I was looking for an appropriate “Night Before Christmas” post and found this instead, a parody I wrote on Christmas Eve in 2009, the very first year of Ethics Alarms, in reaction to the ethically-tainted passage of the “Affordable Care Act,” which didn’t make health care affordable. I knew the bill was smoke and mirrors and that it would not accomplish what it was supposed to do.  I knew that we would be in one mess or another as a result of the ugly thing, supposedly the signature legislation of the Obama Administration…and sad thing is that it probably was. What does that tell you?

I was struck, as you will be, how much of my mordant satire seems relevant today, and how little has changed.

So let’s travel back to that halcyon year, and the day before Christmas…

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BREAKING! I Was Hoaxed Again! “Behold Portland’s Holiday Thing! (How Progressives Get This Way and Can They Be Cured?)” Is Officially Retracted

UPDATE!

Well this is all I needed on a busy day that just included me re-injuring my leg after being pulled off my feet by Spuds. The post below is based on a hoax, and damn the hoaxers to hell. Spreading false stories on the web is unethical, and satire sites are obligated to signal when a post is intended as parody. A few notes:

1. Thanks to the crack EA commentariate for flagging this.

2. The fake story is still up on the usually reliable conservative commentary site Victory Girls, which linked to the fake story I used.

3. I was fooled because first, none of the quotes sounded unlikely given what we have heard and witnessed in Portland in the recent past, and

4. I had never seen a “butt plug” before.I apologize to Ethics Alarms readers and the City of Portland. I try to be careful, but this time I was fooled.

5. Apparently the hoax was inspired by Portland’s city officials this year referring to their annual tree lighting event as just “the tree” or “winter tree,” deliberately omitting the word “Christmas.” Typical dumb Portland wokeness at work: if the hoaxers had only made it clear what they were spoofing, I’d call it a successful and well-deserved satire.

6. I apologize to all, including the City of Portland, for my error.

***

I missed this, which happened about a week ago, in part because I view Portland as a lost cause. You know those zombie apocalypse movies where the survivors will say, sadly, “Boston’s gone, San Diego’s gone”? Portland’s gone, and has been for a long time. I would say it’s Patient Zero for Trump Derangement, woke insanity, anti-Americanism and The Great Stupid, except there are so many other candidates: New York City, California, Minnesota. None of them, however, have descended so far into incompetent cultural madness as Portland, as exemplified by the Christmas, sorry, Holiday Thing the city unveiled this month.

Portland officially replaced its traditional Christmas tree—to be fair, it’s so hard to find evergreen trees in Oregon these days—with that whatever it is above. Officials described the holiday display as “bold,” “inclusive,” and “a meaningful departure from tree-based expectations.”

How far gone do you have to be to utter the words “tree-based expectations” without feeling ridiculous?

City leaders, presumably the same ones who let Black Lives Matter take over parts of the city five year sago, explained the traditional Christmas tree ultimately failed to reflect Portland’s “evolving” relationship with holidays. Thus the “inclusive” replacement, officials said, is intentionally ambiguous, streamlined, and designed to invite interpretation.

I, for example, interpret it as “meaningless, joyless crap.”

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Now THIS Is A Frivolous Lawsuit…

Ethics Alarms has mentioned before the fact that it is very difficult for a lawyer to violate Rule 3.1 in the Rules of Professional Conduct, which prohibits frivolous law suits and appeals. The ABA version of the rule, “Meritorious Claims & Contentions,” states,

“A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.”

Why is it hard to violate the rule? It is because even the most desperate “Hail Mary” law suits sometimes win. “Good faith” simply requires that the attorney bringing the suit honestly believes it might succeed, which means that it helps if he’s an idiot.

The last time Ethics Alarms suggested a law suit was sanctionably frivolous was in 2020, when Alan Dershowitz sued CNN for what was just typical sloppy, biased CNN reporting. The First Amendment protects news outlets from defamation suits by public figures unless the defamatory news is deliberate and malicious. I flagged another 3.1 violation in 2019, when a lawyer filed 49 appeals for the same client in a condo dispute despite the fact that multiple judges had rejected his arguments and said, in effect, “Don’t come back here again with this crap!”

Today I learned about a frivolous sexual harassment lawsuit by a female lawyer against another lawyer at her former firm. As an epitome of frivolity, it takes the metaphorical cake.

Her complaint alleged that the man ogled and stared at her, took photographs, and generally created a hostile work environment by his unwanted attentions.

The defendant is blind.

The Obligatory Joke Principle

Today a Facebook friend who is addicted to posting about the most mundane and prosaic matters on her page. Today, the press had to be alerted to this revelation: “For some reason my phone no longer recognizes my thumb-print.” Talk about the problems of the privileged! I’m sure it’s Trump’s fault. She added, “Does anyone else have this problem?”

A comment read: “Yes. My phone doesn’t recognize your thumbprint either.”

I hope, if I had seen the query first, I would have issued the same mandatory response. When Fate, or God, or whoever is in charge of cosmic humor delivers to you through the mouth or text of an agent a slow, hanging curve-ball of a straight-line that begs to be knocked out of the metaphoric ballpark and you let it go by, you have violated a sacred obligation to the human race. It needs as much mirth and merriment as it can get, and if a perfect opportunity to get a laugh like that set-up goes unrealized—because of fear, lack of attention, witlessness or self-absorption—a grievous ethics offense had been committed. Shame. Shame.

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Ethics Quiz of the Day: Mencken-Style Ad Hominem

At the Washiungton Free Beacon, columnist Andrew Stiles writes,

Jack Schlossberg, the sentient boat shoe and semi-employed TikTok user, is running for Congress in New York. It was bound to happen. The 32-year-old Democrat belongs to the Kennedy dynasty—that inexplicably beloved menagerie of goon-faced Habsburgian freaks, Nantucket douche bros, chronic alcoholics, and bloated sex pests. Schlossberg, a mentally deranged internet addict who cracks jokes about guzzling “Jew blood” and “male jizz,” has sought to inject the storied Kennedy brand with Gen Z flare.

That anti-Kennedy invective made me laugh out loud more than once. But is it fair commentary to mix in so much ad hominem invective in an opinion column if it is genuinely funny, at least to a substantial number of readers (or listeners)?

Famous (or infamous) journalist-pundit H.L. Mencken (1880-1956, above) excelled at this sort of thing; he may have even invented it. Here is part of his “obituary” for three-time (losing) Presidential candidate William Jennings Bryan after he died shortly after he faced off against Clarence Darrow in Dayton, Tennessee in Tennessee v. Scopes aka, “Monkey Trial”:

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“Right To Offend: The Black Comedy Revolution” and the Duty to Remember

So much of the nation’s cultural health and societal values rely on our fulfillment of the duty to remember. Thanks to our incompetent and unethical education system and the increasing estrangement of American history from our popular culture, recent generations share so little important historical and cultural touchpoints as Americans that effective cross-generational communication is becoming impossible. Television could be a nostrum for this dangerous phenomenon, if only finding the constructive and informative programming were not a task akin to finding, as the saying goes, a needle in needle stack.

I was thinking about this after I stumbled upon the 2022 Starz documentary, “Right to Offend: The Black Comedy Revolution,” a two-part series that I only saw because I am briefly getting Starz free on DirecTV. I missed it entirely when it was new, and have never read or heard anything about it. I haven’t seen the whole series yet either, and only watched an incomplete stretch of Episode One. But that was enough to trigger several thoughts, and to make me schedule a serious viewing of the whole thing from beginning to end.

Among those revelations,

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Ethics Quiz: My Father’s Dream Prank

My father, Jack A. Marshall Sr. was always remarkably fatalistic about death, much to the chagrin of my mother. She was never amused when he repeated his supposed desire to be displayed sitting in a chair, eyes open, at his wake with a metal plate in the floor in front of his casket that would trigger a recording when mourners stepped on it. Then a recording would boom out in his voice saying, “Hello! I’m so glad that you came!”

Dad was half-kidding, but only half. My father hated the solemnity of funerals and found open casket wakes barbaric. Yet I have to believe he would have been secretly honored by the send-off the military gave him when he was buried at Arlington, with the horse-drawn caisson, the riderless steed and the 21-gun salute.

Today I learned that someone actually carried out my father’s threatened posthumous prank, but even in worst taste than what he proposed. The Wills, Trusts, & Estates Prof Blog reveals that Irish grandpa Shay Bradley, a Dublin native, arranged that after his death in 2019 a recording of his voice would be played at his funeral from inside his grave. Mourners heard repeated banging noises that sounded like they were coming from the interior of the coffin. “Hello? It is dark in here! Let me out! I can hear you! Is that the priest I can hear? I am in the box, can you hear that?” his voice could be heard shouting, in apparent panic.

Hilarity ensued.

Your Ethics Alarms Ethics Quiz of the Day:

Is executing such a prank at a funeral ethical?

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Friday Open Forum, Halloween Edition

I have a two-hour Zoom ethics seminar to teach this morning as lawyers who have waited until the last minute to get their ethics CLE credits in will be counting on me to rescue them.

Please help me out by leaving some ethics treats here at the open forum.

Meanwhile, if you have access to Disney+ and haven’t seen the “The Legend of Sleepy Hollow” segment of the Master’s “Ichabod and Mr. Toad” since you were a tot (or ever), I recommend it highly. The first segment (an adaptation of “The Wind in the Willows”) is also excellent but not Halloween-themed.