Fairness to Elizabeth Warren

Yes, even the 2020 Presidential race’s worst panderer and #1 demagogue deserves the same leave as any other lawyer, which is not to be held responsible for her client’s views and deeds. Every lawyer who ever runs for office or who comes within the cross-hairs of unethical pundits faces these attacks, which I have written about here repeatedly and pledged to address any time they come to my attention.Elizabeth Warren’s Days Defending Big Corporations” warns the Times, hinting at hypocrisy by noting,

“Ms. Warren has ascended toward the head of the Democratic presidential pack on the strength of her populist appeal and progressive plans, which include breaking up big technology companies, free public college and a wealth tax on the richest Americans…Against that backdrop, some of Ms. Warren’s critics have seized upon her bankruptcy work for LTV and other big corporations to question the depth of her progressive bona fides. How, they wonder, could someone whose reputation is built on consumer advocacy have represented a company seeking to avoid paying for retired miners’ health care?

Here’s how: a lawyer’s personal convictions, values and beliefs are completely irrelevant to her clients or choice of clients. Those who think otherwise don’t understand legal ethics, or lawyers, or their function in society. For the heaven-knows-how many-teenth time, here is critical Rule 1.2 b of the ABA Rules of Professional Conduct: Continue reading

Morning Ethics Warm-Up, 11/13/2019: Protests, Insults, Complaints And Threats

Started this at 3:15 am.

To be honest, I’m going back to bed as soon I  post it…

1. Today’s sample of Trump Derangement: Someone calling himself “Morgan Kilgore” (not hi s real name, however) just submitted a comment in all caps, to this post from May. It reads: TRUMP IS A CROOK AND ROBINSON SAID IT VERY PLAIN SIMPLE, UNLKE THE MUELLER REPORT..YOU TRUMP SUPPORTERS ARE A BUNCH OF FOOLS,LEAD BY A FOOL AND CONMAN.IF TRUMP TOOK A DUMP ON YOUR TURKEY DINNER,YOU WOULD STILL MAKE AN EXCUSE FOR HIM AND IT’S
SAD PEOPLE,VERY SAD. HEY MAYBE YOUR CHILDREN WILL GROWN UP AND HAVE TRUMP. VALUES.

The comment makes no substantive arguments and does not attempt to rebut the post, which is pretty air tight, frankly. I get a lot of these. (“Morgan” will not be joining our discussions.) The comment is also pretty typical of what the average Trump-obsessed Facebook user posts or “likes” on a daily basis.

2.  Freedom of speech watch: Jonathan Turley, who deserves praise for relentlessly flagging and criticizing the alarming increase in anti-speech advocacy from the Left, notes,

“The doublespeak used to justify the denial of free speech is particularly chilling. The students [at Stanford] insisted that allowing people to hear [ conservative pundit Ben Shapiro]  put them at risk: “WE are tired of Stanford Administration’s complicity in putting Black, Brown, Trans, Queer, and Muslim students at risk by allowing SCR to bring Ben Shapiro to campus”…The students declared their commitment not “to allow Shapiro’s talk to go uninterrupted.” In other words, we will not allow other students and faculty listen and have a discourse with Shapiro. What is striking is how these students believe that denying free speech is a noble act — a view fueled by many faculty members who treat speech as violence or a tool of oppression. That makes being a censor sound like being a civil libertarian. You simply declare, as did the Stanford students, that this is a “harmful event” with “harmful people.” Done.

Continue reading

There Were Many Good And Ethical Reasons To Fire Don Cherry

Canadian hockey commentator controversies are not usually news stories in the U.S.–thank God—but yesterday was an exception. Broadcaster (and former NHL `player and coach—I remember him from his days coaching the Boston Bruins) Don Cherry, 85, who has the fame and following that few U.S. sportscasters ever attain (Howard Cosell, perhaps? Curt Gowdy? Vin Scully, maybe?) talked himself out of a job by using his “Coach’s Corner” segment on the “Hockey Night In Canada” TV broadcast to criticize Canadian who didn’t wear poppy pins to commemorate  the nation’s Remembrance Day, the counterpart to Memorial Day in the states. Veterans groups sell the pins, which signify recognition of the sacrifice of soldiers who died  in service of the nation.

In typical rambling fashion, Cheery had said,

“I live in Mississauga [Ontario]. Very few people wear the poppy. Downtown Toronto, forget it. Nobody wears the poppy. … Now you go to the small cities. You people … that come here, whatever it is — you love our way of life. You love our milk and honey. At least you can pay a couple bucks for a poppy or something like that. These guys paid for your way of life that you enjoy in Canada. These guys paid the biggest price for that.”

The presumed translation of the brief rant was that  Cherry was criticizing immigrants (“You people”…”who come here”) for being unpatriotic and too cheap to buy a pin as a gesture of thanks and respect to fallen soldiers. Social media and most of the Canadian sportswriting community immediately condemned the remarks, and called for Cherry’s dismissal. Continue reading

Veteran’s Day Ethics Warm-Up, 11/11/19: Wishing My Dad Hadn’t Died Before He Figured Out How To Comment On Ethics Alarms…[CORRECTED]

Pop Quiz:

How many military veterans are currently running for President in 2020?

Answer: Two…Rep. Tulsi Gabbard (D-Hawaii), and South Bend Mayor Pete Buttigieg.

[Correction notice: I forgot about Pete in the first version of the post. Thanks to Jutgory for the catch, and thanks to Mayor Buttigieg for his service.]

1.  Here’s that “violating democratic norms” Big Lie again. This one was flagged by Ann Althouse (Thanks, Ann!)

U.S. District Judge Paul Friedman,  an appointee of President Bill Clinton,  said in a speech at  the annual Thomas A. Flannery Lecture in Washington, D.C. last week, “We are in unchartered territory. We are witnessing a chief executive who criticizes virtually every judicial decision that doesn’t go his way and denigrates judges who rule against him, sometimes in very personal terms. He seems to view the courts and the justice system as obstacles to be attacked and undermined, not as a coequal branch to be respected even when he disagrees with its decisions.'”

Althouse comments,

How do you get to be a federal judge and think the expression is “unchartered territory”? That’s a written speech too (presumably). Did he visualize some entity that issues charters authorizing people to speak about the courts in a particular way? You don’t need a license to speak in the United States, and to require one would, ironically, violate our norms. The expression is “uncharted territory,” which would simply mean that Trump is venturing into a new area of speech that we haven’t previously explored and therefore have not mapped…Now, I agree with the idea that Trump’s speech about law is unconventional, but what determines that he has violated all recognized democratic norms? It’s often said that the judiciary is the least democratic part of the government, that it’s countermajoritarian. So what are the norms of democracy that say a President should not criticize the courts?! You might just as well call this purported norm a norm of anti-democracy.

Anyway… the weasel word is “recognized.” It takes all the oomph out of “all.” Trump’s speech about judges violates “all recognized democratic norms.” Who are the recognizers? The judges? Judges certainly have a role talking about democratic norms, which are often part of the determination of the scope of the judicial role: Judges refrain from doing what is left to the processes of democracy. But part of democracy is speech about government — which includes the judges — and that speech is not limited to flattering and deferring to them. It does not violate the norms of democracy to criticize and attack judges.

Bingo. And it is because of judges whot say these sorts of things that the President is not unreasonable to accuse the judiciary of  bias. Ann chose not to mention that this was also a “norm” breached by Barack Obama, more than once, but I will, the point not being “everybody does it,” but that to this judge and others, what Obama did was apparently only objectionable when Trump did it too—a common theme in the anti-Trump propaganda of the last three years. Continue reading

Policy Clarification: If The Subject Of An Ethics Story Is The Use Of The Words “Nigger” Or “Fuck,” Ethics Alarms Will Appropriately Use Those Words And Not “N-Word” And “F-Word,” Because To Do Otherwise Will Be To Enable The Language, Speech And Expression Censors…

…whose real goal is to control thought.

It is a matter of constant amazement to me how many news publications and editors choose to either keep their readers uninformed and confused (by using a vague and ambiguous term like “a racial epithet” or “a vulgarity” when the word in question is central to an episode, or, in my view worse, use the juvenile “N-word” or “F-word” euphemism as if the actual word isn’t what these codes mean, so the pretense that they are anything but the equivalent on speaking in pig-latin because the kiddies are around is an insult to adults everywhere. I wonder: would it be considered benign to use “N-word” as an insult, as in “You stupid N-word!”? Would am employee still be fired if he told his boss, “Oh, go F-word yourself you mother-F-wording  F-word head!”? If the euphemism means the same thing as the word, then why not use the word itself?

This is political correctness gaslighting, and I reject it categorically.  Here is a recent headline from the College Fix:

Another ‘N word’-in-context incident costs a university employee her job

That  headline is over a story about how absurd and anti-free speech it is to punish a professor for using the word “nigger” in a discussion about free speech, and the publication still balks at using the actual word in the context of its relationship to the story it describes while condemning the university’s decision! What sense that does that make? It’s hypocritical and incompetent, as well as cowardly.

Marlon Anderson, the janitor we discussed last month who was summarily fired for using the word “nigger” to tell a student not to call him a “nigger,” said, in the course of his defense, “So if the class is reading ‘To Kill a Mockingbird’ and the teacher is reading the book out loud and it gets to the part where the N-word is, the teacher gets fired?” Continue reading

Unethical Tweet Of The Week: NBC News (And It Goes Right Into The “Nah, There’s No Mainstream Media Bias!” Files]

That’s the tweet. Here was DJT Jr.’s response:

And here was non-partisan blogger Ann Althouse’s response to that:

He’s right. They are hacks. And it was blackface.

And NBC knows it was blackface, though the truly awful Bahar denies it on the link.

Althouse is right that Trump Jr. Is right, and that they are hacks. All of the mainstream media are untrustworthy, biased, dishonest and manipulative hacks, as we enter a crucial political campaign and impeachment fiasco in which public civic literacy and awareness are critical, even as these organization attempt to  undermine it to advance their own political and ideological agendas. Their behavior could hardly be more dangerous, divisive, or destructive.

Now tell me again why it is wrong for the President to call them out as “enemies of the people.” That description is as accurate as “hacks”, and far more correctly alerts us to the seriousness of their corruption.

And to disgrace and expose themselves to hold common cause with the sordid likes of “The View’s” most ignorant and hateful loudmouth! Astounding! I am again reminded of this moment in “A Man For All Seasons,” as Sir Thomas More confronts the man who lied under oath to falsely prove More'[s alleged treason:

But for Joy Behar!

Saturday Morning Ethics, 11/9/2019: ABC’s Epstein Cover-Up, Facebook’s Whistleblower Identity Censorship, And More

I started this one at 3:30 AM. 

If you can’t sleep, might as well be thinking about ethics…

1. “I’m smart! I’m not stupid, like everybody says…” While trying to find  the post I linked to yesterday(about corrupt and abusive systems of municipal funding, justice and law enforcement that “are virtual dictated by poverty and demographics that make an ethical system impossible”),, I stumbled upon a post written in August, 2014, titled “Prediction: The Ferguson Ethics Train Wreck.”Five years and three months later, I had no clue as to what that prediction might have been, and was curious to find out what it was. My prediction was this:

At this point, we have no way of knowing what the truth is. Maybe Wilson executed Brown. Maybe he is a racist. Maybe he is a psychopath. And maybe Brown’s conduct justified the use of deadly force by the officer, and the teen was largely responsible for his own demise. Presumably we will eventually know the truth.I confidently predict this, however, based on what occurred in the Martin-Zimmerman case:

IF the evidence supports the conclusion that Brown charged at Wilson, neither the family of the slain teen, nor the African American community in Ferguson, nor the protesters, the race-hustlers, the black and progressive politicians who benefit by preserving racial tension and distrust,  much of the news media and many, many pundits and political bloggers, will change their rhetoric, accusations or the prevailing Ferguson narrative one bit. They need for the narrative as it stands to be true, and want it to be true. Massive confirmation bias will ensure that the death of Mike Brown will be talked about, protested and regarded as an example of racist police oppression of young black men, and the truth, in the end, will be irrelevant.

I hope my prediction is wrong.

And, as we now know, it was not. Several candidates for the Democratic Party’s 2020 nomination for President have referred to Brown’s “murder,” the news media has largely allowed their intentional misrepresentation to go uncondemned.

2. Democracy Dies in Darkness update: Facebook and YouTube have joined the bizarre media censorship conspiracy that is committed to keeping the name of the Ukraine “whistleblower” from as many lazy and inattentive members of the public as possible. This is happening despite the fact that his name has been thoroughly revealed in many forums: he is almost certainly Eric Ciaramella, a CIA analyst, committed Democrat and consort of Joe Biden, Rep. Schiff, John Brennan and other Impeachment Plan S architects. Ciaramella also was cited in Special Counsel Robert Mueller’s report on the now-disproven collusion between Donald Trump and Russia. It included  Ciaramella’s May 2017 email summaries of a meeting between Trump and Russian officials  that were eventually  leaked to a New York Times reporter. Continue reading

Morning Ethics Warm-Up, 11/6/19: Goose Shit!

Good morning!

My best friend of long standing’s  favorite singer is Nat King Cole. He really doesn’t sound like anyone else, does he? I wonder how many millennials have heard his amazing voice, or would have the perspective to appreciate it.

Speaking of listening, I was prompted this morning to reflect on what a vital life-competence skill listening is. It is really an acquired skill: various Facebook discussions make it clear that most of the Facebook Borg warriors are no longer listening (or otherwise paying attention) to any information that doesn’t bolster their confirmation bias.

What made me think about this today was happening upon an early morning showing of “Casablanca” on Turner Movie Classics. I must have seen the classic a hundred or more times since  first watched the whole movie in college, and yet today was the first time I heard what “Rick” Blaine’s real first name was. All the other times I watched the movie, this passed by my consciousness without leaving a trace, but his real name is used three times. (Hint: it’s not Richard, though that’s what Ingrid Bergman calls him…)

1. A great President in many ways, but also a terrible human being. Watch the culture and the news media bury this. “The Jews Should Keep Quiet: Franklin D. Roosevelt, Rabbi Stephen S. Wise and the Holocaust,” a new book (published in September) reveals new archival evidence that shows FDR’s callous and bigoted treatment of European Jews prior to and during the Holocaust. I know the author, Dr. Rafael Medoff of the David S. Wyman Institute for Holocaust Studies, as a result of his assisting The American Century Theater with several productions that involved the Jews and Israel.

The book’s revelations are not shocking to anyone who had looked at the evidence objectively even before this new material, but Roosevelt is a hallowed Democrat Party icon, and it has been, and I assume will continue to be, resistant to any effort to inform the public of this horrific moral and ethical failing, one of  many FDR was guilty of inflicting.  From a review: Continue reading

Unethical Quote Of The Month (And STUPID Beyond Belief, As Usual): Joy Behar Of ABC’s “The View”

(Bear with me: This video will be relevant by the end, I promise..)

“If you’re going to take people’s guns away, wait until you get elected — then take the guns away. Don’t tell them ahead of time.”

“The View’s” panelist Joy Behar, commenting on Beto O’Rourke’s exit from the Democratic presidential nomination race after announcing that he advocated the confiscation of semi-automatic weapons.

I don’t even watch “The View,” and Joy Behar’s ignorant and strident vocal abuses of law, ethics and logic have still made it into many Ethics Alarms posts. Imagine if I actually watched the show regularly. The woman is astoundingly ignorant, and celebrates it, issuing loud and emphatic opinions that would be argued down in a competent 7th grade class (if there are such things), yet ABC gives her a public platform that is only responsibly reserved for, if not brilliant and knowledgeable pundits, at least ones that could win a game of Scrabble with a Dachshund puppy.

You know what her last featured howler was on Ethics Alarms? This: she asked, in reference to a President Trump tweet mocking Rep. Omar, “Why can’t he be brought up on charges of hate speech?Why can’t he be sued by the ACLU for hate speech? I don’t get it. How does he get away with this?”

Why? WHY, you incredibly ill-informed woman? Because there is no such crime as “hate speech.” Because the ACLU defends free speech, it doesn’t sue people for what they say. You don’t get it because you’re the most illiterate, ignorant pundit on television, maybe on television since its inception. He gets away with this because it’s the United States, and we have a Bill of Rights. Or as the late Sam Kinison would say,

This latest must be my favorite Joy cretinism. See, she’s a typical progressive totalitarian as well as a dolt. The way to get your agenda enacted is to lie to the public so they vote you into office based on false pretenses!  Sure, that’s the ticket! And not just any agenda, either—this isn’t like Barack Obama promising to be a unifying President who favored neither black not white. No, Joy wants candidates who plan on gutting individual rights to lie about their plans so citizens will go to the polls like lambs to the slaughter. Usually it’s villains that TV shows trying this trick, monsters like Hitler and Sideshow Bob. The View has a permanent panelist who endorses that route to power, openly, proudly.

She better watch out: Democrats don’t want her spilling the beans like that,

Of course, the strategy is impossible. To begin with it’s unconstitutional, but naturally Joy, having slept through school, doesn’t know this. Second, eventually people would find out that Beto’s Brownshirts were going door to door, and the results would not be pretty. These are just details, however: Joy just says whatever flotsam and jetsom  flots into her cranium, and does her level best to make View viewers as brick-stupid as she is.  Here are some other Joy highlights from past posts:

Speaking of Joe Biden’s habitual groping: “It’s a long way from smelling your hair to grabbing your hoo-ha… I don’t think it rises to the point we’ve been listening to like Harvey Weinstein and the rest of these people”

Justifying Democrats  manufacturing imaginary offenses by the President: “Because we’re desperate to get Trump out of office. That’s why.”

Explaining how the GOP can control the Senate when more votes were cast for Democrats in the House: “Because of gerrymandering!”

On the Senate Judiciary Committee in the Kavanaugh hearings: “These white men, old by the way, are not protecting women… They’re protecting a man who is probably guilty.”

Responding to Alan Dershowitz’s  criticism of Mitch Mconnell blocking the Merrick Garland nomination: “Well then how come Mitch McConnell is not in jail? That’s what I want to know.”

There are many more. Now, Joy has a right to be stupid, but she does not have a right to have a major network facilitating her making the public stupid. As I wrote here, I don’t advocate her being forced off the air by boycotts, in the manner that so-called liberals have tried to silence Rush Limbaugh, Sean Hannity, Laura Ingraham and Tucker Carlson. That’s censorship; that’s the Left’s MO in 2019. However, it is irresponsible for any network to package the clueless opinions of a woman with the intellect of a Pet Rock for public consumption. It’s like selling tainted food, or a car that keeps breaking down.

It is broadcast malpractice. She should be fired. She should have been fired years ago.

I even wrote a song about it. Sing the words to the music of “How do you solve a problem like Maria?”(from “The Sound of Music”) in the video above. I skipped the intro: it starts with the main theme.

Can’t The View Fire an Idiot Like Joy Behar?

Can’t the View fire an idiot like Joy Behar?

Why can’t they put that loudmouth in her place?

The View should protect the public from her nonsense

And wipe that smug expression off her face.

Many a thing you know they’d like to tell her

There is so much she doesn’t understand

But how can they make her read

Or research before a screed

You might as well try to lift a baby grand…

Oh, how do you fix an idiot like Joy Behar?

When will this moron finally be canned?

She is constantly confused

Ill-informed and so bemused

Hasn’t read the Constitution even once…

She’s predictable I guess

Since her values are a mess

She’s not clever! She’s not funny! She’s a dunce!

But Joy’s certain she is smart

And with gusto plays the part

Of the brave progressive warrior at work

Confrontational and loud,

She’s intolerant and proud

She’s embarrassing…let’s face it,

She’s a jerk.

Can’t the View fire an idiot like Joy Behar?

Why do they want to make their viewers dumb?

It’s so perverse inflicting her like they are…

Her opinions are like a drug that makes brains numb.

Many a thing you know you’d like to tell her

Millions of things she doesn’t know and more

But how do you make her stay

And listen to what you say

When her IQ is stuck at eighty-four?

Why can’t they fire an idiot like Joy Behar?

 Why won’t they show that imbecile the door?

__________________________

Pointer: Steve Witherspoon

A Case Study In Dog Breed Libel

With 331 comments and still active, my 2015  post about the anti-pit bull site “Dogsbite.org” features the longest-running debate on Ethics Alarms. It isn’t much of a debate, really: on one side are people who know something about dogs and understand that the hysteria over “pit bulls”—really several breeds that dog-ignoramuses lump together–is utter, destructive, cruel nonsense, and opposing them are the hysterics, who give a vivid example of the brain malady defined by the statement, “My mind’s made up, don’t confuse me with facts!” with every comment.

As explained in multiple EA articles, one of the primary reasons people who aren’t paying attention think there is a deadly monster dog called “the pit bull” is that police and journalists so frequently misidentify the breed of dogs involved in attacks on humans. Amazing as it seems to those of us who love dogs, most people have minimal knowledge about dog breeds: they call any large or strong dog with short hair and a broad muzzle a “pit bull,” including boxers, American bulldogs, and Mastiffs, as well as mixed breeds and mongrels. As I have related here before, my first Jack Russell Terrier, the kid-loving Dickens, terrified a woman when he was a seven pound puppy by happily bounding up to her toddler in the park. She scooped up the child as if death were imminent and started screaming, “IT’S A PIT BULL!!!!” I replied in kind with “YOU”RE A MORON!!!!” She was, sadly, more typical than not.

In today’s news is a revealing story of breed misidentification that, interestingly, does not involve defamation of pit bull breeds and what I refer to as dog racism. It’s  a nice change from the norm: for once, at least, another breed is being falsely blamed for an attack.

“Woman Mauled To Death By Great Danes In Ohio” is a typical headline about the death of Elayne Stanley, mother of three. Her ex-husband told reporters that the dogs had always been vicious, and that he “never wanted to have Great Danes.” Well, he didn’t have Great Danes. The two dogs involved in the attack are pictured above. They are obviously mixes, and not even mixes of the the same breeds. One appears to be some kind of St. Bernard mongrel, and the other looks like a Dogue de Bordeaux mix, the variety of mastiff that starred in Disney’s “Turner and Hooch.”

This is an uncropped Great Dane:

Oh, never mind: Great Danes, pit bulls, what’s the difference? Dogs don’t sue for slander and libel, and lazy journalists don’t think that properly identifying the dog breed in an attack is important, just as they usually don’t care why an attack occurred (most of the time they involve abuse or negligence of the dogs, and, as in this case,  pack behavior). Great Danes are among the gentlest of breeds, but any breed can be dangerous under certain conditions.  For example, here is a September story about a woman mauled to death by her coonhounds (another gentle breed) in New York—if they were coonhounds, You simply cannot trust these stories. If those dogs in the Ohio attack can be called Great Danes, then those coonhounds might be poodles.