Come On, Prof. Turley: “Let’s Go Brandon!”= “Fuck Joe Biden!”

A student known only as “D.A.” was told last spring by Assistant Principal Andrew Buikema and teacher Wendy Bradford at the Tri County (Michigan) Middle School to remove his “Let’s Go Brandon!” hoodie. The school’s dress code states that school officials can “determine [if] a student’s dress is in conflict with state policy, is a danger to the students’ health and safety, is obscene, [or] is disruptive to the teaching and/or learning environment by calling undue attention to oneself.” Western District of Michigan Judge Paul Maloney ruled that the teacher and the principle were within the standards articulated by SCOTUS in in Tinker v. Des Moines in banning the hoodie.

“If schools can prohibit students from wearing apparel that contains profanity, schools can also prohibit students from wearing apparel that can reasonably be interpreted as profane,” Maloney wrote. (The district had banned shirts with the phrases “Fet’s Luck” and “Uranus Liquor” on them.) Maloney added that administrators and teachers could prohibit apparel that said“F#%* Joe Biden,” for example.

“Because Defendants reasonably interpreted the phrase as having a profane meaning,” Maloney said, “the School District can regulate wearing of Let’s Go Brandon apparel during school without showing interference or disruption at the school….”

The judge is right. Prof. Turley, whose analysis Ethics Alarms usually concurs, is wrong this time, and so is FIRE. He argues in part,

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Ethics Quiz: The Undated Envelope

Pennsylvania’s Commonwealth Court ruled 4-1 last week that voters fialing to include an accurate, handwritten date on the envelopes used to submit their mail-in ballots should not have their votes disqualified, though the state’s law requires it. The majority argued that the state constitution’s clause about “free and equal” elections precludes disqualification for such a “technicality.”

The ruling will probably keep several thousand Pennsylvania votes cast by careless morons from being thrown out in the upcoming election, which is expected to be especially close in that state.

“The refusal to count undated or incorrectly dated but timely mail ballots submitted by otherwise eligible voters because of meaningless and inconsequential paperwork errors violates the fundamental right to vote” in the Pennsylvania Constitution, wrote Judge Ellen Ceisler for the majority. The opinion made victors of the left-supporting groups who sued to loosen some more voting requirements.

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The Great Stupid Rolls On: Remarkably, “Finger Gun 5” Surpasses the Original and All the Previous Sequels In Cruelty and Hysteria

This is where the “Do Something!” mentality regarding guns gets us.

Ethics Alarms has covered four previous instances where demented and incompetent school officials in Tennessee have yielded to panic as the justification for policy and expelled—not merely suspended, but expelled—-for a whole year, a 10-year-old boy after he pointed his finger in the shape of a gun and made mock “machine gun” noises.

I reviewed the history and the abject stupidity of this plot last September in “That Bomb “Finger Gun” Should Have Never Been Made At All: How Did We End Up With ‘Finger Gun 4’??” and I am not feeling all that well this morning, so excuse me for not rehashing this idiocy again: that post is pretty thorough. It recalled the original school administrator finger gun hysteric’s “comment “justification” that it was important for an unlicensed finger gun wielder to “understand the implications of the gesture”, to which I responded as I ruled the school’s conduct child abuse,

What implications of the gesture? That he is about to shoot bullets out of his finger? That he intends to kill someone with all the firepower an unarmed 6-year-old can muster? That he is making a mimed reference to a Connecticut school massacre he probably doesn’t know a thing about? Why should it matter what his “intent is? It’s a hand gesture! It isn’t vulgar or threatening except to silly phobics in the school system.

and concluded, focusing on “Finger Gun 4,” in which that idiot school administrator cited the current “climate” as justifying the suspension of another six-year-old,

Here’s the climate: teachers and administrators see their roles as cultural revolutionaries and believe schools should be turned into breeding grounds for future progressive voters who think the United States is racist, abortion is a right, open borders are compassionate, income redistribution is essential, reparations must be made, and guns are evil, along with whites, men, and Republicans. The implications are that no responsible parent should entrust their kids to public school.

The justification for this instance of “Do something!” grandstanding is a new state law that had only recently gone into effect. It was passed after a former student shot and killed six people at The Covenant School in Nashville (Look! The Barn Door Fallacy!) and requires students to be expelled for at least a year if they “threaten mass violence” on school property. Of course, no one in their right mind thinks that a 10-year-old making his hand into a gun-like shape is seriously threatening anyone, but these people are not in their right minds.

They will, of course, all be voting Democrat in November.

___________________

Pointer: Reason

Is Marco Bisbikis The Most Unethical Lawyer Ever?

How could a lawyer be more unethical?

As unethical, sure: I am confident that there have been other lawyers who are tied with this Michigan lawyer for the title. But more? Consider:

Marco Bisbikis, a Michigan lawyer in good standing, worked as an attorney for the Dan Hutchinson and his wife, wrote himself into popular Oakland County jeweler’s will while he was preparing it for his client, who was also under the impression that his attorney was a loyal friend. (Can you blame him? Who wouldn’t trust a face like that?)

Then Bisbikis paid a hit man to shoot and kill Hutchinson so the lawyer could inherit millions of dollars in a trust fund. On June 1, 2022, outside an Oak Park pawn shop, the hit man did just that. Bisbikis and the hired killer, Roy Larry, were convicted of first-degree murder, conspiracy to commit murder, solicitation of murder, and felony firearm and in June they were both sentenced life in prison. Two other men involved in the plot were convicted and sentenced last year.

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Ugh! Ethics Dunce—AGAIN—: University of Houston Law Professor Renee Knake Jefferson

This is an example of why I am disgusted with my field and chosen profession. Just last month I designated Jefferson, a legal ethics professor among other things, as an ethics dunce for her blatantly partisan and biased commentary. This time, it’s personal.

Seeking to find a reliable, trustworthy, accurate source of legal ethics news and developments (since the demise of the excellent legal Ethics Forum, I am reduced to the scattershot, overwhelmingly left-biased commentary on the APRL listserv), I subscribed to the professor’s substack, Legal Ethics Roundup, taking seriously her promise that it would supply a “Monday morning tour of all things related to lawyer and judicial ethics.” But the Legal Ethics Roundup I received this morning, like all its predecessors this month, cheerfully informed me that “For the month of August, the Legal Ethics Roundup is on pause.”

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Brilliant: What Israel Is Trying To Do Is Self-Preservation, Not Genocide. So “Genocide” Has To Be Redefined So Israel Can Be Accused Of Doing It…

The case of “genocide” is a classic in the annals of deliberate linguistic manipulation for unethical goals.

A detailed essay in the New York Times explains the machinations around the word, which is similar to what we have seen recently in other cases, like that of “women,” “racism,” “lying,” “ad hominem” (in a debate here on Ethics Alarms), “fascism,”and “insurrection,” to name just a few of many. The proliferation of this Orwellian process should set off not just ethics alarms but evil alarms.

As the article correctly explains, international law addressing genocide was aimed at extreme and unequivocal examples where a nation sets out to exterminate an entire race or ethnic group for no other reason than that group’s existence. It is the ultimate hate crime, and thus was labeled a “crime against humanity.” The Holocaust was the prime example: nothing describes genocide more indisputably than a group of experts, military officials and government leaders sitting around a table and deciding on a “Final Solution.”

But as the article relates, mission creep has invaded the anti-genocide brigade, for example with the United States being accused of genocide in its treatment of Native American and because of the actions of the KKK and others during the Jim Crow era, and now, with Israel being vilified by the genocide label for being determined to eliminate a terrorist organization pledged to commit genocide against Israelis.

Naturally, the United Nations is complicit in this process, and, naturally, so is the I.C.J., the U.N.’s top court. The U.S., among other nations, supports the Geneva Convention but doesn’t accept the authority of the I.C.J. The article doesn’t explicitly explain why, but the reason is obvious: the court is subject to political motives and bias. It can’t be trusted.

“Genocide” has been slowly made a synonym for “human rights violations,” and wars are by definition human rights violations. Thus the U.N. can always use a politicized definition of “genocide” to declare any war, even one triggered by a nation’s right and obligation to defend itself and its citizens, as “genocide”—particularly if the nation waging the war is Israel.

By the standards being weaponized by the protesters at the Democratic National Convention, the U.S. ending World War II with two atom bombs would qualify as genocide.

This is the unethical—but effective—process:

1. Identify a nation, group, individual, or leader that you want to demonize.

2. Find a word universally regarded as describing conduct that is heinous and unforgivable.

3. Redefine that word so that the policies, conduct or stated position of that nation, group, individual, or leader can be described by it.

4. Repeat that word in association with the nation, group, individual, or leader’s policies, conduct or stated positions so that the word itself is defined by those policies, conduct or stated positions, rather than the other way around.

The average member of the public—you know, morons—won’t know the difference.

What makes this tactic so effective, diabolical, and impossible to stop is that there are many examples of pejorative words that should be used and understood to apply beyond their most narrow definitions. Child abuse. Indoctrination. Propaganda. Totalitarianism. Conflicts of interest. The distinction, perhaps, is whether the expanded definition is made in good faith, or it it is only aimed at a particular adversary to achieve strategic political gains.

The article, “The Bitter Fight Over the Meaning of ‘Genocide’” is here for you to read, freed from the paywall.

In Utah, How To Raise An Ethics Dunce

Police in Brigham City, Utah responded to complaints that a young boy was selling beer at a roadside stand. Sure enough, the kid had a sign at his makeshift stand that said “ICE COLD BEER.” But upon closer examination, the police found that “root” was in tiny print in front of the beer. The admiring police posted on Facebook, “He’s selling beer … ROOT BEER, that is. His marketing strategy has resulted in several calls to the BCPD, but apparently it’s paid off as business has been good.” Indeed. Business is booming, the boy told the fawning news media. “We had to buy another cooler.”

So the child has learned that bait-and-switch along with deceptive advertising not only works, but that he will be praised for it. I’m sure he can make the connection that deceit is also a useful and profitable strategy, and find lots of ways to exploit people’s trust to deceive them for his own benefit.

Yup, his family has the makings of a real little con artist there, and they’ll have the police and the news media to thank. Maybe he’ll end up in jail, or in Congress.

________________

Pointer: JutGory

Stop Making Me Defend Michigan’s Proto-Totalitarian Democrats

Michigan might have the most sinister and anti-American Democratic Party of all. It’s certainly a tough competition, with New York, Minnesota, Washington, California, D.C. and a few others in the race, but Michigan governor Gretchen Whitmer is special (she was a particularly heinous enemy of civil rights during the pandemic) and any party that would allow someone like anti-Semitic Democratic Rep. Rashida Tlaib to run under its banner has decency and integrity issues.

The state just threw independent presidential candidate Cornel West off its ballot, and many conservatives and Republicans see evidence of a conspiracy to rig the election for KAmala Harris. “Call me paranoid if you wish, but it’s almost as if the Democrats don’t want voters to show up at the polls on November 5 and see the name of anyone from any party or no party at all on their ballots except for Kamala Harris,” writes P.J. Media pundit Jazz Shaw.

Michigan elections director Mark Brewer sent a letter to West’s campaign saying that his affidavit of identity submitted with his ballot application was “not properly notarized.” The affidavit was notarized in Colorado and had to be valid in that state to be valid in Michigan as well. “There were apparently a couple of boxes left blank and the notary public stamp for the affidavit was attached on a separate piece of paper rather than on the document itself,” Shaw reveals. More from Jazz, who concludes in part:

Yes, that was it. That was the entirety of the complaint. In fairness to the Michigan elections director, they did send West’s campaign a letter in late July giving him a couple of weeks to respond and West never responded. This should have all been able to be cleaned up easily, but it wasn’t so the Democrats pounced. The original complaint was filed by former Michigan Democratic Party Chairman Mark Brewer in case you’re wondering why I’m generically blaming “the Democrats” here.

So what’s the real reason behind all of this and why would the Democrats care about Cornel West? He wasn’t going to carry any states or win the White House. …But that doesn’t mean that Cornel West’s presence or absence might not have a significant impact on the final results. This would be particularly true in Michigan where the presidential race is tighter than razor wire…That’s the reality of what is going on behind the scenes….West was identified as a potential threat to Biden and now to Harris. So he had to go. They scraped up Mark Brewer to have someone pore over West’s ballot application documents with a magnifying glass and find some sort of flaw to use as a basis for their complaint….They found a compliant judge to go along with a trivial complaint over what amounted to a technicality and West was unceremoniously kicked to the curb. Welcome to the rough and tumble world of modern Democratic politics as they desperately scramble to maintain their hold on power at any cost.

The Democrats cheat, as we have seen repeatedly this year and before. That party, as it has mutated in the 21st century, indeed will do anything and take actions that once were regarded as unthinkable in the American political culture to continue its slow eradication of Constitutional government. This episode, however, is not an example of that.

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Not Frivolous, Just Dopey: Disney’s Wrongful Death Defense

Wow. Disney is being sued by a man whose wife died from a reaction to severe food allergies at EPCOT. Disney’s lawyers have come up with a creative defense: the $50,000 lawsuit should be dismissed because the plaintiff, Jeffrey Piccolo, signed up for a one-month trial of the streaming service Disney+ in 2019. The deal’s fine print requires Disney+ trial users to submit “all disputes” with the company to arbitration. This, the theory goes, extends to attempts to sue Disney for matters having nothing to do with the streaming service.

Piccolo’s lawyer called Disney’s argument “preposterous” in court filings and said that the idea that signing up for a Disney+ free trial should bar a customer’s right to a jury trial “with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience.” He accused the entertainment giant of seeking to block its 150 million Disney+ subscribers from ever bringing a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+.

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About That Tim Walz DUI…

In 1995, when he was 31, Tim Walz, then a high school football coach and teacher in Alliance, Nebraska, was pulled over by a Nebraska state trooper for driving 96 miles per hour in a 55 m.p.h. zone. There was alcohol on the future Minnesota governor’s and pandemic Nazi’s breath and after Walz failed a field sobriety test and breath test, he was arrested and charged with speeding and driving while intoxicated.

Does it matter? Not the arrest or the drunk driving, in my view, not a single incident so many decades ago. I don’t know anyone who could not have been charged with driving while over the alcohol limit at one point in their lives or another: whether someone gets caught at this frequent violation is largely a matter of moral luck. Tempting fate repeatedly this way—moral luck can also get people killed—and driving while intoxicated when one is in a position of trust and authority is another matter.

By all accounts, Walz was properly accountable and remorseful. He agreed to plead to a reduced charge of reckless driving, a misdemeanor, and paid a $200 fine. He duly reported the incident to his Alliance High School principal, quit his extracurricular activities including the coaching, and offered to resign from his teaching job.

All good. The story just “resurfaced” as they say now, and “Republicans pounced.” I can’t blame them: the tale of George W. Bush’s DUI was held and played by the Democrats as an October Surprise-in-the-hole, and may have cost Bush the popular vote majority in the 2000 Presidential election. Nonetheless, the verdict here is that Walz’s DUI incident itself is irrelevant to his fitness as a potential Vice-President.

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