Law & Law Enforcement

Follow-Up: Guess Who Is Telling FaceBook Which “Disinformation” To Censor?

/ Jack Marshall / 5 Comments

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With this post. a follow-up to this one regarding the hypocritical and ominous Presidential attack on vaccine-related “disinformation” on Facebook, Ethics Alarms ends the suspension of George Washington University law professor Jonathan Turley, who writes the generally excellent “Res Ipsa Loguitur” blog and who has distinguished himself during the 2016 Post Election Ethics Train Wreck for refusing to follow the unethical lead of his biased and Trump-Deranged colleagues in law and academia, and having the courage to point out many of their worst betrayals of the public trust. I suspended the professor at the beginning of June for carelessly advancing a favorite Democratic party Big Lie on his blog, that a media recount after the 2000 election showed George W. Bush had actually lost the popular vote in Florida, and thus Al Gore was the rightful winner of the Presidency. I wrote, “Ethics Alarms is giving him a month’s suspension, or until he fixes his error and apologizes.” Well, he sort of fixed the error but never apologized, so I made the suspension six weeks. I’m happy to be able to reference his blog again, and as a happy coincidence, one of his recent posts nicely supported what I had just written.

Turley pointed to White House Press Secretary Jen Psaki admitting that the Biden administration is working with Facebook to flag “problematic” posts that “spread disinformation” on the Whan virus vaccine and related matters. She had said that the Administration has created “aggressive” policing systems to spot “misinformation” to be “flagged” for the social media companies. He wrote in part,

“Obviously, anyone can object to postings. There is a greater danger when the government has a systemic process for aggressively flagging material to be censored. The real problem however is with the censorship system itself. We have seen how there needs to be little coordination between political figures and the media to maintain controlled narratives in public debates and discussions.”

By “little” the sometimes obsessively cautious professor means “none.” He continues,

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The American Bar Association Adopts Yoo’s Rationalization or “It Isn’t What It Is”

/ Jack Marshall / 7 Comments

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To be fair, “It isn’t what it is” is an argument lawyers are trained to make, but this is especially glaring.

The Florida Supreme Court recently voted to prohibit the approval of continuing legal education credits for any CLE program with diversity “quotas.” This was a broadside at the ABA, which in 2017 approved a Diversity & Inclusion CLE Policy that requires all its sponsored or co-sponsored CLE programs with three or more panelists, including the moderator, to have at least one member of a a “diverse group.” Programs with five to eight panelists must have at least two diverse members and programs with nine or more panelists must have at least three diverse members. This will supposedly help accomplish the ABA’s Goal III , which aims to eliminate bias and enhance diversity in the profession.

There is a disconnect here, since the only purpose of continuing legal education is to do as good a job as possible keeping lawyers abreast of the law and developments in their profession. Does the skin color, gender, ethnicity or other characteristics of the CLE instructors and trainers advance that purpose in any way? I don’t see how, and neither did the court, which wrote in part,

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Noon Ethics Munchies, 7/14/2021: On Cuba, Big Lies, Roy Moore, and More [Corrected]

/ Jack Marshall / 29 Comments

Munchies

1. The President gets a cheap shot...Commenting on Joe Biden’s generally hysterical speech about “voter suppression,” “Bonchie” writes on the conservative blog Red State,

“Of note here is that Biden is channeling Nazi propagandist Joseph Goebbels by using the phrase “big lie” to disparage Republicans who have concerns about the 2020 election. Yet, despite the phrase’s murderous, anti-Semitic past, the president seems to have no problem saying it repeatedly. In doing so, he echoed CNN’s Jake Tapper and others who have also been fond of the phrase.”

There is nothing wrong with using the phrase or the description. The device was championed by both Goebbels and Hitler, and is an accurate description of a propaganda tactic, an unethical but powerful one, used by both the Right and the Left. Whether the description is used fairly in any particular case is a separate issue. “Big Lies” is a very accurate description of the assault by the “resistance”/Democratic Party/mainstream media against Donald Trump—can you think of a better one?—which is why Ethics Alarms used it here and elsewhere.

What would be fair to note is that Biden has often been an eager employer of Goebbels’ favorite trick himself…as noted in this post.

2. Does anyone understand why Democrats are trying to downplay the current Cuban protests against the Communist government? This makes no sense to me. Thousands of anti-regime protesters took to the streets across the island over the weekend, waving American flags and chanting “Freedom!” and anti-government slogans. Cuba has been a repressive Communist regime since Fidel Castro pulled his bait and switch with the U.S. in 1959, but the most extreme elements in the Democratic Party, the proto-Marxists, have always thrown Cuba metaphorical kisses, like Michael Moore. Barack Obama reversed decades of U.S. policy by opening relations with Cuba without requiring any human rights concessions in return. One would think an outbreak of democracy on the island would be viewed as a good thing, but Biden’s paid liar, Jen Psaki, absurdly explained that the reason for the protests was “concern about rising COVID cases, deaths, and medicine shortages” rather than political oppression.

While Republicans have immediately announced their support for the Cuban people, Reps. Bobby Rush (D., Ill.), Steve Cohen (D., Tenn.), Barbara Lee (D., Calif.), Gwen Moore (D., Wis.) and the more 70 members of Congress, including “The Squad,” of course, signed a letter asking Biden to lift Trump sanctions Cuba in March. They have not had any comment on the demonstrations so far.

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Monday Morning Ethics Warm-Up, 7/12/2021: It’s The Great Stupid, Charlie Brown!

/ Jack Marshall / 24 Comments

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1. Incompetent Elected Official of the Month: Guess who! Yes, of course it is VP Kamala Harris, and this would be a stand-alone post if I hadn’t begun the day with another Kamala story. You may have heard about this one, if you don’t depend on mainstream media.

The Vice President suggested during an interview at the end of last week with BET News that voter ID laws will make it unacceptably difficult for rural voters who do not live near Kinko’s or OfficeMax to cast ballots. “In some people’s mind, that means you’re going to have to Xerox or photocopy your ID to send it in to prove who you are. Well, there are a whole lot of people, especially people who live in rural communities, who don’t — there’s no Kinkos, there’s no OfficeMax near them,” she warned. “Of course people have to prove who they are, but not in a way that makes it almost impossible for them to prove who they are.”

Naturally the interviewer, the historically unobjective Soledad O’Brien, who was the worst talking head at CNN before the whole network went to Journalism Hell, just smiled and nodded as if Harris had said that the world was round. Elsewhere, Kamala’s idiotic statement got the reaction it deserved. Harris had managed to insult rural America and show her own ignorance in one single gaffe. Kinkos hasn’t existed for several years; it’s called FedEx Office now. Wrote PJ Media’s Bryan Preston, his tongue piercing his cheek,

“Rural Americans have access to these things called ‘smartphones,’ which they can use to scan and send their IDs if they need to. They also have access to these things called ‘scanners,’ ‘printers, and these amazing devices that can scan,  print, and even digitally transmit information wirelessly. It’s like magic, really. Rural Americans also have this amazing communications tech called ’email.’ They also have various means of getting their information from where it is to where it needs to be — in physical form! There’s even a whole government service dedicated to moving physical pieces of paper and even packages from place to place called the ‘U.S. Postal Service.’ We truly live in an age of miracle and wonder.”

One Tweeter writes, “She’s so misinformed and so ridiculous. It’s absurd.” Yes, It’s that trademark Harris smug laziness, all right. If she is going to keep up the dishonest Democratic talking point that voter ID is racist and a means of “voter suppression,” it would be prudent to check some facts. Harris doesn’t do that very often. The episode was reminiscent of President Bush the Elder expressing amazement at a grocery store checkout scanner, causing widespread mockery in the media over how out of touch he was. Yet I can’t find any mention of Harris’s telling botch outside of the “conservative media.” Gee, why is that? When poor Dan Quayle was VP, the fact that he misspelled “potato” was news for a week. Harris shows that she thinks of rural America as a primitive wasteland, and it isn’t newsworthy at the Times, Washington Post, CNN, CBS and the rest.

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Why Is Banning The Teaching Of Critical Race Theory In Schools Ethically Justifiable When Banning The Teaching Of Evolution Is Not?

/ Jack Marshall / 19 Comments

Critical Race ban

On this, the 96th anniversary of the beginning of the Scopes Trial in 1925, let’s consider attorney Clarence Darrow’s opening statement. Here is the crux of it:

“…Along comes somebody who says ‘we have got to believe it as I believe it. It is a crime to know more than I know.’ And they publish a law to inhibit learning. This law says that it shall be a criminal offense to teach in the public schools any account of the origin of man that is in conflict with the divine account in the Bible. It makes the Bible the yardstick to measure every man’s intellect, to measure every man’s intelligence and to measure every man’s learning. Are your mathematics good? Turn to Elijah 1:2. Is your philosophy good? See II Samuel 3. Is your astronomy good? See Genesis 2:7. Is your chemistry good? See – well, chemistry, see Deuteronomy 3:6, or anything that tells about brimstone. Every bit of knowledge that the mind has must be submitted to a religious test. It is a travesty upon language, it is a travesty upon justice, it is a travesty upon the constitution to say that any citizen of Tennessee can be deprived of his rights by a legislative body in the face of the constitution.

“Of course, I used to hear when I was a boy you could lead a horse to water, but you could not make him drink water. I could lead a man to water, but I could not make him drink, either. And you can close your eyes and you won’t see, cannot see, refuse to open your eyes – stick your fingers in your ears and you cannot hear – if you want to. But your life and my life and the life of every American citizen depends after all upon the tolerance and forbearance of his fellow man. If men are not tolerant, if men cannot respect each other’s opinions, if men cannot live and let live, then no man’s life is safe, no man’s life is safe.

“Here is a country made up of Englishmen, Irishmen, Scotch, German, Europeans, Asiatics, Africans, men of every sort and men of every creed and men of every scientific belief. Who is going to begin this sorting out and say, “I shall measure you; I know you are a fool, or worse; I know and I have read a creed telling what I know and I will make people go to Heaven even if they don’t want to go with me. I will make them do it.” Where is the man that is wise enough to do this?

“If today you can take a thing like evolution and make it a crime to teach it in the public school, tomorrow you can make it a crime to teach it in the private school, and the next year you can make it a crime to teach it from the hustings or in the church. At the next session you may ban books and the newspapers. Soon you may set Catholic against Protestant and Protestant against Protestant, and try to foist your own religion upon the minds of men. If you can do one you can do the other. Ignorance and fanaticism are ever busy and need feeding. Always they are feeding and gloating for more. Today it is the public school teachers, tomorrow the private. The next day the preachers and the lecturers, the magazines, the books, the newspapers. After a while, Your Honor, it is the setting of man against man and creed against creed until, with flying banners and beating drums, we are marching backward to the glorious ages of the sixteenth century when bigots lighted torches to burn the men who dared to bring any intelligence and enlightenment and culture to the human mind.“

As mentioned in the post earlier today, the issue of whether a state could ban the teaching of evolution was never settled in Scopes, but many years later in the Supreme Court case of Epperson v. Arkansas (1968), which struck down a state law that criminalized the teaching of evolution in public schools. Epperson, however, was narrowly decided on the basis that the First Amendment to the United States Constitution prohibits a state from requiring, in the words of the majority opinion, “that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma.” It was not based on freedom of speech, or as Darrow termed it, “freedom of thought.” The Theory of Evolution and “Critical Race Theory” are both theories, though one is based in scientific research and the other is a product of scholarly analysis. Though the latter seems to carry the heft of religious faith in some quarters, freedom of religion is not the issue where banning critical race theory is involved. Nor, realistically speaking, is freedom of speech as Darrow describes it.

School districts, which are agents of the government, have a recognized right to oversee the content of what is taught in the public schools, within reason, and when the purpose is defensible. Teachers are not free to teach whatever they choose, though their controversial choices cannot be made criminal, just grounds for dismissal. The 6th Circuit Court of Appeals made this clear in Evans-Marshall v. Bd of Ed of Tipp City Exempted Village Sch Dist. (6th Cir. 2010), a case involving a high school English teacher who was fired for using classroom assignments and materials without following the appropriate steps for approval. The court stated, “Even to the extent academic freedom, as a constitutional rule, could somehow apply to primary and secondary schools, that does not insulate a teacher’s curricular and pedagogical choices from the school board’s oversight.”

School districts still can’t define a curriculum so narrowly that it violates students’ constitutional rights. In Board of Island Trees v. Pico (U.S. 1982), the U.S. Supreme Court held that the school district could not remove books from the school library without a legitimate pedagogical reason, because doing so violated students’ free speech rights of access to information.  Districts and schools are also limited to what they can require children to study, though most cases in this realm again involve religion. However, once school districts and schools have defined a legally permissible curriculum, courts will give them broad discretion to implement it even over community and parental objections. For example:

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Dress Code Ethics (Again) From The “Oh, Come ON!” Files: The Immodest Fitness Model

/ Jack Marshall / 9 Comments

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Two days ago, American Airlines denied boarding for Deniz Saypinar, a Turkish-born fitness model traveling from Dallas-Fort Worth to Miami because, the carrier explained to her, its conditions of carriage require all customers to dress “appropriately,” and her outfit wasn’t appropriate.

Ya think? That photo above shows how she presented herself at the gate.

“The customer was advised of our policy and was rebooked on a subsequent flight. The customer has since arrived in Miami,” the airline’s rep said.

Deniz is in great shape; I wonder why, if she was going to grandstand like this, she didn’t just wear a g-string and pasties and go all the way with it. I do not believe for a second that she expected to be allowed on the plane dressed like that. She wanted to set off a controversy and win herself Andy Warhol’s 15 minutes of fame, while giving feminists something to shout about.

“You will never believe what happened to me at Texas Airport,” first non-American citizen to win the US National Bikini Fitness Competition in 2021 wailed to her 1 million followers on Instagram as she posted her attire.

Oh yes I will!

“I am an athlete, and now I have to wait here until the morning,” she wrote. “I like to wear feminine clothes that reveal my femininity, but I never dress in a way that will offend anyone. I’m mature and civilized enough to know what I can and cannot wear. I don’t deserve to be treated like the worst person in the world for wearing denim shorts What separates us from animals if humans can’t control even their most primitive impulses? I feel insulted. They wouldn’t let me on the plane because I wore these shorts in the United States.”

Uh, I wouldn’t call that an exactly fair description of what happened. She wasn’t treated “like the worst person in the world,” although she should have been treated as a narcissist and ruthless self-promoter who deliberately wasted the time of airline staff and caused a pointless controversy just to get her name and figure publicized. And she wasn’t rejected as a passenger for “wearing denim shorts.”

” What separates us from animals if humans can’t control even their most primitive impulses? ” has to win an irony award: it is the model who can’t control her primitive impulse to display herself in places where such displays are rude and disruptive. Decorum and manners in public also separate us from animals. Wearing reasonably modest clothing in public is basic civility, showing respect for others.

What do you want to bet that she wears that kind of outfit and then, when some little fat guy stares at her, gets indignant?

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Saturday Morning Ethics Warm-Up, July 10, 2021: Remembering The Unethical And Bizarre”Monkey Trial”

/ Jack Marshall / 6 Comments

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Ooooh, it’s Clarence Darrow time again, and as I will show in another post shortly, this has serious, and underappreciated current day relevance.

For on this date in Dayton, Tennessee, the so-called Scopes Monkey Trial began in 1925, not only one of the most famous trials in U.S. history, but also one of the most misrepresented, misunderstood and, frankly, silly trials as well. John Thomas Scopes, a young high school science teacher, was accused of teaching evolution in violation of a new Tennessee state law which made it a misdemeanor punishable by fine to “teach any theory that denies the story of the Divine Creation of man as taught in the Bible, and to teach instead that man has descended from a lower order of animals.” Town officials persuaded Scopes to volunteer to get arrested for the offense, not so much to challenge the law but because alocal businessman figured out that it would put Dayton on the map. His plot succeeded beyond his wildest dreams. The American Civil Liberties Unio—-yes, they once cared about the First Amendment—announced it would defend Scopes, and hired an aging but famous Clarence Darrow to do the job, which included making sure his client was convicted, so they could appeal the verdict to the U.S. Supreme Court, where even a monkey judge would know that the Tennessee anti-evolution law was a blatant First Amendment violation.

William Jennings Bryan, the three-time Democratic presidential candidate who was seeking his fourth shot at the White House, volunteered to assist the prosecution in his guise as a fundamentalist Everyman. The Monkey Trial got underway with in-person coverage by renowned cynic H.L. Mencken and hoards of other reporters. Parts of the trial were broadcast nationally over the radio, an all-time first. Preachers set up revival tents along the city’s main street; venders sold Bibles, hot dogs and souvenirs like monkey dolls and fans to tourists. A carnival “exhibit” featuring two chimpanzees and a “missing link” opened in town: the alleged “Monkey Man” was 51-year-old Jo Viens, who was short, had a receding forehead, and whose jaw protruded like an ape. One of the chimpanzees wore a plaid suit, a brown fedora, and white spats, and periodically was allowed to run around on the courthouse lawn.

To recap, the “trial” was based on a contrived “crime” committed with the cooperation of authorities, and the defense was to make sure Scopes was convicted, not acquitted. But things got even more Bizarro World-like. At one point, Scopes told Darrow that a substitute teacher, not him, had actually taught the Darwin class, and Darrow told the teacher to shut the hell up about that rather crucial detail. When Judge John Raulston ruled that expert scientific testimony on evolution would be inadmissible, Darrow decided that his sole expert witness would be Bryan, one of the prosecutors. (No, this had never happened before and has never happened since.). Raulston ordered the trial moved to the courthouse lawn for this spectacle, fearing that the weight of the spectators and reporters inside would cause the courthouse floor to collapse.

Darrow treated Bryan as a hostile witness, though they knew each other, were both political progressives, and were both doing what they loved best, performing in front of a crowd. Popular legend holds that Darrow made a monkey out of Bryan, which was how the famous play (“Inherit the Wind”) based on the trial and its many TV and movie versions portrayed the showdown, but reading the transcript tells a different story. Bryan’s answers were cagey and clever, but he had a big problem: he knew his answers were being broadcast to potential voters who were not fundamentalists, yet he couldn’t afford to alienate the Bible-Beating jury. Darrow had no such dilemma: remember, he wanted to alienate the jury, and knew that if Bryan insisted that the Bible was literally true, “The Great Commoner” would end his political career (though it was almost certainly over anyway.) . Thus Bryan argued, for example, that God explained things in the Bible in ways that could be understood by the people of the time. For example, God obviously knew that the Earth moved around the sun, and not the other way around, but HE just said, in the Bible, that the sun “stopped,” so as not to confuse the faithful.

The weirdness got worse: in his closing speech, Darrow asked the jury to return a verdict of guilty in order that the case might be appealed. I’m pretty sure this is an abuse of process and wildly unethical: isn’t a request to be found guilty indistinguishable from a guilty plea? This tactic did have a mean consequence for poor Bryan: under Tennessee law, the admission of guilt meant Bryan couldn’t deliver the grand closing speech he had been preparing for weeks. It took eight minutes for the jury to return with a guilty verdict—why did Darrow feel he had to ask for a verdict that was pre-ordained, other than to deny Bryan his big finale?— and Raulston ordered Scopes to pay a fine of $100, the minimum the law allowed.

After all of this, the ACLU’s scheme still failed: the Tennessee Supreme Court overturned the Scopes verdict, but on a procedural technicality, so the case never got to the U.S. Supreme Court at all. The constitutional issue was officially unresolved until SCOTUS overturned a similar Arkansas law.

Can you guess why this fiasco has special relevance in 2021?

Watch this space!

Dispatch From The Great Stupid, Judicial Division

/ Jack Marshall / 4 Comments

Duran

Let me preface this absurd episode by saying that it makes no sense whatsoever, not ethically, not logically, and certainly not legally.

Craig Doran, the chief judge of the region that includes Rochester, New York, has resigned from his administrative judicial duties because an old photograph turned up from 1988 when he was a second-year law student. It was, yes, from a Halloween party, and showed him costumed as a “well-known public figure of color.” We aren’t even told who in any of the media reports. In case your calculator isn’t handy, that was 33 years ago.

Since his graduation from law school, Doran has had a stellar career. Elected in 1994 to represent New York State’s 129th Assembly District in the State Legislature, he was appointed Supervising Judge of Family Courts in the Seventh Judicial District in 2006. . In 2011, he was appointed Administrative Judge of the Seventh Judicial District, making him the chief supervisor of all Courts in an eight-county region. He has also been the Presiding Judge of Drug Treatment Courts, a member of the NYS Permanent Judicial Commission on Justice for Children, has served as Chair of the Judicial Commission on Interbranch Relations, Co-Chair of the NYS Juvenile Justice Strategic Planning Advisory Committee (advising the Governor on statewide juvenile justice policy), and as a member of the Office of Court Administration Raise the Age (RTA) Task Force. Judge Doran was selected to serve on the Judiciary Task Force on the Constitution, and the Judicial Commission on Parental Representation, and has also been active as a law professor at the University of Rochester and at Keuka College. He serves as an Adjunct Professor at the former, teaching upper level classes in the Legal Studies, and with the latter in the Adult Studies Criminal Justice Bachelor and Master’s Degree Programs, and also as an Instructor Expert for the Center for Professional Studies and International Programs at Keuka.

Never mind: what’s really important is what he wore as his costume at a law student Halloween Party.

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Add “Equity” To The Intentionally Dishonest Cover-Words Being Employed In Progressive Disinformation And Propaganda

/ Jack Marshall / 8 Comments

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Racism is Equity

Yesterday I was talking with my sister, who worked for years in the Justice Department dealing with the refugee mess, about the intentional use of “immigrant” as a word for “illegal immigrant” in order to warp political debate and confuse the public. She blames ignorant journalists, but then she is something of a progressive, and tends to the Hanlon’s Razor explanation of deliberate deception by what the U.S. now calls “journalism.”

The latest diabolical use of language to justify the unjustifiable is the media’s weaponization of “equity,” which most of the public equates with “equality” thanks to a deficient education system. Equity is the quality of being fair and impartial. In law, equity now means the judicial imposition of measures to prevent damage, as when an ex-employee who agreed otherwise is prevented from competing with a former employer.

A front page article in the New York Times a week ago read “Biden’s Efforts At Race Equity Runs Into Snags,” the “snags” being those evil racist white conservatives. “No part of President Biden’s agenda has been as ambitious as his attempt to place concerns about equity squarely at the center of the federal government’s decision-making,” we are told. But what the article, and many, many other media reports and enthusiastic pundit columns call “equitable decisions” are in fact straight up racial discrimination.

Racial discrimination is not equity and can never be equity, but we are currently under a severe brain-washing effort to make us think otherwise.

From the Times article:

“In late May, Syovata Edari, the owner of CocoVaa Chocolatier in Madison, Wis., was told she would receive $50,000 from Mr. Biden’s government, courtesy of the president’s efforts to ensure that pandemic relief aid for struggling restaurants and food businesses would be distributed equitably. But three weeks later, she instead received an email that broke the bad news: The award had been rescinded thanks to a lawsuit filed on behalf of white restaurant owners that successfully challenged the program’s policy of prioritizing applications from women and people of color. The check she was counting on would not arrive. “It doesn’t surprise me that once again these laws that we fought and died for, that were intended to benefit us — to even the playing field a bit more — are being used against us,” Ms. Edari, who is Black, said, referring to the Constitution’s equal protection clause. “You can’t promise something and then take it back.”

Wow! What breathtaking confusion and hypocrisy! The lawsuit was filed because the government giving benefits to one race and gender and not another for no reason except color and chromosome distribution is a slam-dunk violation of the Constitution’s Equal Protection Clause, and only a cynical and irresponsible administration seeking to create division and racial animus would represent it as otherwise. Eadari is trying to evoke “equity” Bizarro World-style by the assertion that it is “unfair” to “promise something and then take it back.” Thus, in the now routine mental gymnastics of antiracism racism, it is ‘inequitable’ to make an illegal and discriminatory pledge and not follow through on it.

The Times goes on…

“The small-business program that prioritized people like Ms. Edari was forced to change its rules last month after challenges by white Americans who say the policy is racist. And around the country, Republicans are promising to tie the president’s equity efforts to a broader culture war during the 2022 midterm elections, arguing that Mr. Biden is doing the bidding of liberal activists who believe that all white people are racist. On Capitol Hill, the $1.9 trillion relief package Mr. Biden pushed through in March, known as the American Rescue Plan, included money for health care, child care and poverty programs that disproportionately benefit minority groups, underserved communities and women.”

Being a now partisan and completely untrustworthy mouthpiece, neither the reporters nor their editors made any efforts to point out the logical and legal problems with the above, nor to avoid the bias the wording used perpetuates:

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Afternoon Ethics Clean-up, 7/5/2021: July Fifth Weirdness And “Justice”

/ Jack Marshall / 26 Comments

Celebrating July 5th as a federal holiday is affirmatively strange, because not much good happened on this date. Ted Williams died on July 5, 2002, for example. In 1852, Frederick Douglass picked this date to give his “What to the Slave Is the Fourth of July?” anti-America speech to the Ladies’ Anti-Slavery Society in Rochester, laying the groundwork for anti-America movements in the black community ever since. On this date in 1921, baseball began unraveling the worst scandal in U.S. professional sports, as it concluded that the 1919 World Series had been fixed by gamblers bribing the key players on the Chicago White Sox, aka “The Black Sox.” It was also the date, in 1865, that a military tribunal convicted David Herold, George Atzerodt, Lewis Payne, Mary Surratt, Michael O’Laughlin, Edward Spangler, Samuel Arnold and Dr. Samuel Mudd of “maliciously, unlawfully, and traitorously” conspiring with John Wilkes Booth and others to assassinate President Lincoln on April 14, 1865, and planning to kill General Grant, Vice President Johnson, and Secretary of State William Seward. It was one of the most unfair trials in U.S. history, despite the fact that all of the alleged conspirators were probably guilty. Herold, Atzerodt, Payne, and Surratt were executed [above].

In short, it’s not a good date for ethics.

So far…

1 Ethics Alarms has a new Ethics Villain to keep tabs on. David Cole, the ACLU Legal Director who made an ass of himself and attacked his organization’s own client by criticizing a SCOTUS decision that followed the ACLU’s position, was the main authority in a New York Times review of the Court’s just completed term. Here’s nice Cole quote: “The new court is definitely conservative, but that doesn’t mean it is necessarily hostile to civil liberties. It protected many liberties that conservatives favor, including religious liberty, property rights, free speech, the privacy of the home and the right of the wealthy to donate to charities anonymously.”

No partisan bias there! Wait, David, just what are the rights that the progressive justices protect?

2. Speaking of SCOTUS, Steve-O-in NJ asked for my opinion of this idiotic essay in The Week: “The case for ending judicial review.” It reminded me that I never finished the Ethics Alarms compendium of fake news categories, of which this is one: Fantasy Controversies. This kind of essay might as well be “The case for eliminating sex,” “The case for using flatulence to fly to the moon” or “The case for a cheese-based economy.” There is no way for Congress to stop the Court from overruling laws—Separation of Powers exemplified— it finds unconstitutional short of a Constitutional amendment, which is fantasy itself. At the end of the essay, the author concludes, ‘Well, maybe it’s not such a good idea after all.’

It is unethical to waste readers’ time.

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