Free Speech vs. Ethics: Goddard College and the Cop-Killer Commencement Speaker

Next gig for the Cheshire home invaders: Commencement honors at Goddard?

Next gig for the Cheshire home invaders: Commencement honors at Goddard?

Convicted  cop killer Mumia Abu-Jamal was the commencement speaker at Goddard College, in Plainfield, Vermont today, having been chosen by graduating students. He is a controversial figure, convicted in the 1981 slaying of Officer Daniel Faulkner, sentenced to death, and eventually sentenced to  life in prison without parole after a long legal battle.  Abu-Jamal’s speech was prerecorded by Prison Radio and broadcast.

Goddard is not your typical college. It is liberal/radical even by current college standards. Students design their own curriculum. It holds 20 commencement ceremonies each year so students in each degree program can have personalized graduations. Abu-Jamal, himself a political radical, received a bachelor of arts degree from the college in 1996, completing his coursework by mail. Before the killing, Mumia was a member of the Black Panthers. While imprisoned he has become a cultural icon to the radical left as an activist against institutional racism.

As you would expect, a lot of people have problems with Mumia receiving this honor. Maureen Faulkner, the widow of the officer killed by Abu-Jamal, condemned Goddard’s decision.The Vermont Troopers Association issued a statement saying that it was “ outraged that Goddard College is hosting a man who shot and killed a police officer.”  But Goddard is proud as punch that its students chose the convicted murderer. Said the acting President:

“As a reflection of Goddard’s individualized and transformational educational model, our commencements are intimate affairs where each student serves as her or his own valedictorian, and each class chooses its own speaker. Choosing Mumia as their commencement speaker, to me, shows how this newest group of Goddard graduates expresses their freedom to engage and think radically and critically in a world that often sets up barriers to do just that.”

Well, that’s one way of interpreting it. Or, we might justly conclude that the graduates of Goddard have been taught to have contempt for decency, justice, law enforcement and the legal system, and since they admire murderous criminals, might see nothing wrong with being one. Ask me if I want to hire anyone with  a Goddard degree. Go ahead. Ask.

Naturally, defenders of Mumia’s honor think it is perfectly acceptable because it embodies the principle of free speech. I’m not sure it does….not at all. Unpopular speech embodies free speech. Encouraging popular and offensive speech by someone who is not worthy of emulation embodies bad taste, dubious values and anti-social priorities. Show me that Goddard students would welcome speeches by Ted Cruz, Bill O’Reilly, Sarah Palin and Dick Cheney, and then I’ll accept that the campus is supportive of free speech.

Meanwhile, why stop with Mumia? Why not have that Isis guy who beheaded the American journalist speak at commencement, with his hood, of course? Surely that would expresses graduates’ freedom to engage and think radically and critically in a world that often sets up barriers to do just that. How about the Cheshire home invasion killers, Steven Hayes and Joshua Komisarjevsky, who raped the family’s young girls and mother before burning their house down around them? If it’s free speech to allow the scum of the earth speak at a commencement, if someone is crazy enough to want to listen to them, let’s really go for it.

That doesn’t make it right, however. All allowing Mumia to speak at commencement shows me is that the students are exercising their rights to promote freedom of expression, and doing so in a context and manner that is less dignified, justified, respectful or reasonable than having the honor delivered by a circus performer who communicates in farts, Carrot Top, or Honey Boo Boo. It shows me that the culture created by Goddard is toxic, and that the students who graduate from there without sufficient resistance to its influence will range from useless to annoying to dangerous.

Their parents must be so proud.

________________________
Sources: Washington Post, Huffington Post, Philly

Abraham Lincoln: Good Lawyer, Bad Lawyer, Conflicted Lawyer

Lincoln in trialI recently quoted a fairly well-known section from some notes Abe Lincoln made for a lecture he was to present to young lawyers in 1850. Some of you asked if would post the whole document, which I am happy to do. Here it is:

I am not an accomplished lawyer. I find quite as much material for a lecture in those points wherein I have failed, as in those wherein I have been moderately successful. The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for to-morrow which can be done to-day. Never let your correspondence fall behind. Whatever piece of business you have in hand, before stopping, do all the labor pertaining to it which can then be done. When you bring a common-law suit, if you have the facts for doing so, write the declaration at once. If a law point be involved, examine the books, and note the authority you rely on upon the declaration itself, where you are sure to find it when wanted. The same of defenses and pleas. In business not likely to be litigated, — ordinary collection cases, foreclosures, partitions, and the like, — make all examinations of titles, and note them, and even draft orders and decrees in advance. This course has a triple advantage; it avoids omissions and neglect, saves your labor when once done, performs the labor out of court when you have leisure, rather than in court when you have not. Extemporaneous speaking should be practised and cultivated. It is the lawyer’s avenue to the public. However able and faithful he may be in other respects, people are slow to bring him business if he cannot make a speech. And yet there is not a more fatal error to young lawyers than relying too much on speech-making. If any one, upon his rare powers of speaking, shall claim an exemption from the drudgery of the law, his case is a failure in advance.

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.

Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strife, and put money in his pocket? A moral tone ought to be infused into the profession which should drive such men out of it.

The matter of fees is important, far beyond the mere question of bread and butter involved. Properly attended to, fuller justice is done to both lawyer and client. An exorbitant fee should never be claimed. As a general rule never take your whole fee in advance, nor any more than a small retainer. When fully paid beforehand, you are more than a common mortal if you can feel the same interest in the case, as if something was still in prospect for you, as well as for your client. And when you lack interest in the case the job will very likely lack skill and diligence in the performance. Settle the amount of fee and take a note in advance. Then you will feel that you are working for something, and you are sure to do your work faithfully and well. Never sell a fee note — at least not before the consideration service is performed. It leads to negligence and dishonesty — negligence by losing interest in the case, and dishonesty in refusing to refund when you have allowed the consideration to fail.

There is a vague popular belief that lawyers are necessarily dishonest. I say vague, because when we consider to what extent confidence and honors are reposed in and conferred upon lawyers by the people, it appears improbable that their impression of dishonesty is very distinct and vivid. Yet the impression is common, almost universal. Let no young man choosing the law for a calling for a moment yield to the popular belief — resolve to be honest at all events; and if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer. Choose some other occupation, rather than one in the choosing of which you do, in advance, consent to be a knave.

This is uniformly excellent, and justly cited to show Lincoln’s high ideals as a man and a professional. This quote, however, is also cited for that purpose, and I am not so fond of it. Since it comes to us second-hand, a.k.a as hearsay, from Lincoln’s law partner, friend and biographer William Herndon, I hesitate to hold it against him too much, for it may be a misrepresentation. I am more concerned with the fact that what follows is sometimes packaged with the notes above, as if they are equally worthy of emulation. No, they are not. Continue reading

Ethics Quiz: “I Don’t Know What This Cover Means, But It Must Be Racist”

COVER-CANADIAN Law

The recent thread regarding the supposedly racist Boston Herald cartoon has prompted me to ponder how much we are obligated to know what was, is and will be considered offensive, and whether the cultural rules or guidelines regarding this are fair or clear. That post is in the works, but this one interposed itself.

The latest issue of Canadian Lawyer magazine  features a cover story about the lack of diversity on the Canadian bench. Above the Law joins outraged students, lawyers and civil rights advocates in being convinced that the cover is racist.

Your Ethics Alarms Ethics Quiz for today:

Is it?

Continue reading

What’s The Ethical Response To Giving Birth To A Mixed-Race Child You Didn’t Bargain For? If Only Abe Lincoln Was The Lawyer…

What does Abe have to do with a sperm bank mix-up in 2014? Read on...

What does Abe have to do with a sperm bank mix-up in 2014? Read on…

I can certainly sympathize with the plight of Jennifer Cramblett, the birthing half of a loving, and white, same-sex couple who sought the assistance of a sperm bank to conceive a child, and who ended up giving birth to a mixed-race baby girl because of the kind of clerical error that sets up movie comedies starring Adam Sandler or Cedric the Entertainer. This is like what happened to Chevy Chase in “Vacation,” when he ordered one car and had a different one arrive at the dealer’s months later. Well, the car was a lot worse, because it was ugly, but it drove fine. Well, let me think about that: lots of babies, even babies sired the usual way by attractive parents without alien sperm, are ugly. This baby wasn’t ugly: Cramblett says she’s beautiful. Has all ten fingers and toes. No apparent deformities.

Hmmm.

Maybe this situation is more like the cherry red Nova that got delivered as my first car, when I had ordered something else. I got a discount for going ahead and taking the Nova, and never regretted it: best, most reliable car I ever had, and I had it in the days when I was still having fun in cars.

Come to think of it, what’s Cramblett so upset about? She has a healthy, lovely child and a stable family. OK, that sperm bank owes her a refund, and maybe some “I’m sorry you got the wrong color” money. But would I not only sue the sperm bank for the lifetime of pain it had supposedly subjected me to by causing me to have a mixed race child, but also use the law suit to garner media fame? Of course not. There is no way to simultaneously claim that having a mixed-race daughter is a hardship worthy of substantial damages, and to argue that the race of her daughter doesn’t matter, because she is unconditionally loved.

The couple’s lawsuit against the sperm bank screams “Hey! This could be a jackpot for us!”  The couple’s lawsuit explains that Jennifer Cramblett was raised to accept stereotypical beliefs about blacks. It says she is culturally unprepared to raise a mixed-race child. It argues that their community is, in effect, bigoted, and that—get this—it’s hard to get their daughter’s curly hair cut. In other words, it’s just hell having a mixed-race daughter, but they love her very much and would never trade her for anything in the world.* Got that? Continue reading

Ethics Dunces: Un-Named Members Of Mitt Romney’s Campaign Staff

My guess? This whole Secret Service mess makes Clint want to throw up. Then there's that Mediaite headline...

My guess? This whole Secret Service mess makes Clint want to throw up. Then there’s that Mediaite headline…

 Inside Sources Reports:

“Multiple sources inside the Romney presidential campaign confirm that a Secret Service agent provided details of President Obama’s schedule several days prior to the President’s campaign stops becoming public….In the closing weeks of the 2012 campaign, a Secret Service agent was on the ground in a key swing state to coordinate security ahead of several campaign stops by the President. The agent, who was married, made advances towards a Romney campaign staff member.

InsideSources spoke with two staffers who witnessed the events in question. Each spoke on condition of anonymity and independently confirmed the details.

In one particular incident at a bar in late October 2012, the Secret Service agent, who had a number of drinks during the meeting, unprompted and in an apparent attempt to impress one of the staffers, began providing details of President Obama’s schedule. The information included times and locations of the President’s events in the final days of the election. The President’s campaign would not release these details of the President’s schedule publicly until several days later.

The sources state that the same agent on a separate occasion provided joy rides in a Secret Service vehicle with the lights flashing.

The leaked schedule was later passed on within the campaign. Others inside the campaign recall seeing the schedule, but the source of the information was not revealed. The schedule, therefore, was met only with skepticism. The details of the President’s schedule later proved to be accurate.

Former advisers to the Romney campaign note that the leaked schedule, which was not widely circulated within the campaign, did not impact the campaign’s strategy. It received little attention as the election was days away.”

Wait...what????

Multiple members of Mitt Romney’s staff knew that a Secret Service agent was endangering the President by revealing sensitive details about his schedule in 2012, and they waited until now to let anyone know?

They had an absolute duty—as Americans— to reveal this to the Secret Service itself immediately. Were they just waiting for a juicy time to reveal it, say, after this same idiot with an earpiece got the President killed? Did Mitt Romney approve the lack of the proper response? Or some campaign strategist who feared that the revelation would backfire, and cost votes? How many Romney staff members knew the President was at risk, and kept it to themselves? Do we even know now who this agent was, and whether he is still on duty?

The damage done by the incompetence of the Democratic government is substantially amplified by the ethical obtuseness of its Republican critics.

BONUS: The Mediaite headline on this story has to be one of the worst-composed in recent memory:

“Secret Service Agent Allegedly Told Someone Obama’s Movements to ‘Impress a Woman'”

I read it two ways, and neither was what the headline was supposed to convey:

#1: Obama was trying to impress some woman

#2: Ew!

_____________________________

Pointer: Mediaite

Facts: Inside Sources

Curse You, Steven Bochco!

Uh-uh-uh! Love and forensics don't mix!

Uh-uh-uh! Love and forensics don’t mix!

TV writer and producer Steven Bochco, in “Hill Street Blues” and subsequent creations, liked to show the justice system flourishing despite every segment of it having romances and sex with every other segment: judges sleeping with lawyers, associates sleeping with partners, police officers having sex with defense attorneys, paralegals boinking supervising attorneys…oh, the combinations were endless. David Kelley, he of “The Practice,” “Boston Legal” and “Ally McBeal,” took the theme to new heights and depths, and “The Good Wife” has ploughed some new ground—sex with investigators!—too.

It doesn’t work, you know. None of it. These all create conflicts of interest, and are either ethical breaches or the doorway to them. Mustn’t have sex where you have a duty to seek justice rather than nookie.

Now from California comes news of another unfortunate coupling. The Santa Clara County District Attorney’s Office has moved to dismiss a 1989 cold case homicide of Cathy Zimmer, filed earlier this year against her husband and his brother. It seems that the prosecutor originally assigned to the case had “an undisclosed and improper relationship” with the case’s forensic lab technician. This is the kind of thing you would see if Steven Bochco wrote “CSI.”

District Attorney Jeff Rosen explained: “We have an absolute and ethical duty to enforce the laws in a just and objective manner and without regard to sympathy, bias or prejudice for or against any particular party. We offer our deepest apologies to the family of the victim, but based on the totality of the circumstances, we simply cannot proceed without taking the time to reexamine and reevaluate the case in order to ensure we have not violated the rights of the accused, nor compromised the integrity of the criminal justice system.”

I assume—I hope—that there isn’t as much cross-pollinating in the labs, law firms, courtrooms and police precincts as Hollywood seems to think.

__________________________

Pointer and Source: ABA Journal

Dear Political Blogs: Be As Partisan As You Like, But Don’t Make Your Readers Stupid

It's a coincidence that Monsanto had the better legal argument each time, yes. Is that what you mean?

It’s a coincidence that Monsanto had the better legal argument each time, yes. Is that what you mean?

It pains me greatly when a Facebook friend (and real friend too) posts something from a right-wing or left-wing website that is ignorant and misleading, as if she has something enlightening to share. Then I am forced to point out that 1) the post was written by someone pretending to have knowledge he did not; 2) those agreeing with him and assuming he had a valid point are hanging out with like-minded partisans who reinforce each others’ happy misconceptions, and 3) that the lawyers who cheer on conclusions that can only be explained by the fact that the concluder can’t spell law, much less under stand it. This typically loses two to ten names off my Facebook friends list. Well, too bad. They should be ashamed of themselves.

The case I have in mind: a site called “Forward Progressive: Forward Thinking for Progressive Action”—hmmm, I think it is a progressive site!—attacked Clarence Thomas for his participation in the recent SCOTUS decision in Bowman v. Monsanto. The Court ruled for Monsanto in a patent case against farmers in a matter involving the reproduction of products whose patents have expired. To Dyssa Fuchs, the writer for Forward Progressive in this case, Thomas had a clear conflict of interest and should have recused himself.

She cites the judicial code, she cites the U.S. statutes, she–of course—cites her belief that Monsanto is evil, and of course, like all good progressives, she hates Thomas, who has the effrontery to be both a hard-core conservative and black. The fact is, however, that she has no idea what she is talking about. Thomas had no conflict of interest in this case, nor does he have an “appearance of impropriety” problem because someone determined to prove that he is corrupt doesn’t understand what improprieties or judicial conflicts are, or for that matter, what lawyers do. Continue reading

If Someone Praises The Job Eric Holder Did As Attorney General, That Tells You All You Need To Know

eric_holder_ap1

Eric Holder was the most political, biased, inept and undemocratic U.S. Attorney General  in at least 70 years, with the  exception of Nixon’s AG, John Mitchell, who went to jail. And the Attorney Generals have been uniformly terrible in this period; being one of the two worst takes talent, determination, broken ethics alarms and wretched judgement.

Those who praise Holder either are doing so without any idea about his record, or because they want the justice system in the United States to be racially and ideologically biased. The results of the latter, which is Holder’s real legacy, can be seen in the rising distrust between races, and the frequent description of Holder as being Obama’s “scandal goalie.”  The latter isn’t completely fair, because the news media has also been the President’s scandal goalie. The proof: few of the mainstream media retrospectives on Holder’s tenure mentioned the Justice Department’s refusal to hold a thorough and open investigation of the still unfolding I.R.S. scandal, which should have, and under any Republican administration, would have, included an independent prosecutor, because the news media would be screaming for one. This abdication of duty and naked partisanship by Holder alone condemns him. Unfortunately, there is a lot more.

You can begin with the “inside baseball” reports that Justice, under his administration, is a confused mess. That’s hardly surprising, for since the President eschews management and oversight, this is the tendency up and down the system. Without well-regulated policies and oversight, partisan meddling flourishes.

I have neither the time nor the energy to detail each and every example of Holder’s toxic racial and partisan biases, or his flat out ineptitude; there are too many to list, and I am sure I don’t know about some whoppers. Never mind: a fraction of the list would have made the resignation of any other Attorney General mandatory and beyond debate.  Holder is black, and this guaranteed that short of setting fire to the Supreme Court, he would only leave when he was ready. That alone is disgusting.

Here are some other Holder achievements:

1. “If Holder had his way, Khalid Sheikh Mohammed, the mastermind of the Sept. 11 terrorist attacks, might now be on death row,” says ABC. This is the media spinning for Holder: his efforts to have the terrorist tried in New York City was when I first realized how out of his depth he was.

In the contentious Congressional hearings on the matter, Holder told the nation that“Failure is not an option. These are cases that have to be won.” “That have to be won”? Failure, as in acquittal, is “not an option”? This was a confession of the muddled, simultaneously alpha and omega false logic that would become a hallmark of Obama World. Holder proclaimed that the world had to see the United States give its enemies a fair trial, then told Congress that the “fair trial” he was proposing was a show trial,  a kangaroo court, in which justice meant a guilty verdict. It was a stupid, stupid thing for any lawyer, much less an Attorney general to say. Tragically, it was no aberration.

2. Holder refused to defend the Defense of Marriage Act, though it was a law passed by Congress and signed  by a Democratic President. I think he should have been impeached for that. Slate, among others, says that he was “vindicated” because the Supreme Court held the law unconstitutional. They didn’t vindicate his refusing to do his job. It is not the prosecutor’s duty to veto laws duly passed by the legislature and signed into law, nor should he have the power to do so. Holder’s precedent took a bite out of the rule of law, and stood for stunning arrogance. He viewed DOMA as a civil rights incursion: gee, what other laws don’t you like, sir? We found out: he didn’t like drug laws, because he sympathized with the poor, black criminals that tended to violate them. His solution? Minimize the penalties, and send the message that abusing illegal drugs was no big deal. Democrats wanted to curry favor with the Hispanic-American voting bloc? Holder was eager to assist by not enforcing the Federal laws, and by doing everything he could to prevent the states from policing illegal immigrants as well. In a system of laws, favoring authorities that pick and choose which to enforce according to their political beliefs is endorsing obstruction over process, and politics over justice.

3. When acting unconstitutionally suited Holder’s partisan masters, however, he would do it. In 2013, the Justice Department  seized Associated Press phone records, and monitored Fox News reporter James Rosen following a story he published in 2009 on Iran.

4. Holder oversaw specious and intellectually dishonest justifications for the U.S. policy of assassinating suspected terrorists without providing them with a trial, and or any evidence that they were planning imminent attacks. By defining the word imminent in the broadest possible way, this advocacy for the elimination of due process equaled the worst deceits of the Bush Torture Memos, the only difference being an official pass from the Obama-enabling press. The policy, basically a license to murder, ensured that assassinations could be carried out against anyone who the U.S. government feared if the person was located on foreign soil and could not be captured.

5. Then there is Operation Fast & Furious, the proof positive that Holder was going to get away with anything and everything. The Bureau of Alcohol, Tobacco, Firearms and Explosives lost an estimated 1,400 weapons in Mexico, among them: two guns that were used to kill U.S. Border Patrol agent Brian Terry in December 2010.  Holder is the supervisor of the ATF, but testified before the House Judiciary Committee that he had only known about the sting named “Operation Fast & Furious,” for a few weeks. Then investigators uncovered memos on Fast & Furious sent to Holder in July 2010. A reasonable conclusion was that Holder had lied under oath. Oh, no, Holder “explained,” he never read the memos. He was incompetent, not culpable. Despite all evidence to the contrary, Holder indignantly denied a DOJ cover-up, saying that“This operation was flawed in concept, as well as in execution,”  and refusing to be held accountable for his own department’s deadly botch. Bolstered by Obama’s assertion of executive privilege, which prevented future prosecution, Holder refused to turn over documents related to the fiasco. Congress held Holder in contempt in June 2012, and he thoroughly deserved it, because the American people had a right to know the extent of the bungling in the highest reaches of the Obama Administration.

6. Although the supporters of Holder claim that his legacy was built on a dedication to civil rights, this was only in the narrow areas where the Democratic Party saw political advantage. He was not concerned, for example, in the civil rights of Americans when the government wanted to use modern surveillance technologies to spy on them. In the 2012 Supreme Court case U.S. v. Jones, Holder’s Justice Department argued that the police did not violate the Fourth Amendment by attaching  GPS devices to cars so they could know where they were going and where they had been, with that evidence used to acquire evidence. incriminate, try and imprison.  The Supreme Court rejected that position unanimously, because it was a mark of a burgeoning police state.

7. When Democrats wanted to create racial divisions, however, to rile up the base, Holder reported for duty. He assisted the unconscionable effort, still ongoing, by Democrats to characterize a responsible and necessary protection of the integrity of the voting process—photo IDs—as a racist plot, though the measure had long ago been approved by liberals, and only recently became stigmatized as “voter suppression.”

8. Holder’s major wound that he inflicted on the nation was his clear intention to project the image of a black Attorney General whose concern was minorities, whose assumption was that whites were the enemy, and whose biases were front and center. An early cue was his department’s abandonment of charges against two New Black Panthers who stood armed outside a Philadelphia polling place. The controversy, assisted by the media, devolved into an argument over whether this was an example of Justice receiving orders from the political Machiavellis in the White House, or just a lousy, bigoted example of “discretion.” A long official investigation found the latter, but either way, the message sent to white Americans was that this Justice Department was not especially interested in protecting their rights. In the Trayvon Martin shooting and the Ferguson episode, two local issues that should not have been his concern, Holder made statements, engaged in gestures and took actions that signaled his allegiance to the black victims, and opposition to the white (or “white Hispanic”) individual accused. He repeatedly spoke collaboratively before Sharpton’s followers, endorsing their diagnoses of a racist nation, and, by extension, a white population aligned against African Americans. Especially revolting was his repeated attempts to duck legitimate accountability for, you know, being terrible at his job, by race-baiting, such as when he explained Congressional criticism of his handling of Fast & Furious—a career-ender for any white Attorney General, or an appointee of any President who believed in accountability, by saying in 2011…

“This is a way to get at the president because of the way I can be identified with him, both due to the nature of our relationship and, you know, the fact that we’re both African-American.”

It shouldn’t have to be said, but I’ll say it anyway: the job of Attorney General, like the job of President, must be, and must be seen as being, absolutely neutral regarding race. Holder intentionally projected himself as an AG who cared more about minorities than non-minorities, increasing distrust, undermining respect in the justice system, and dividing the nation.

9. Not that he wasn’t feckless and incompetent too: for example, Holder’s Justice Department, almost certainly to ensure later campaign support, allowed multiple corporate criminals to escape serious punishment. For example, the Justice Deportment made a ridiculous plea deal to allow Halliburton executives to avoid jail time after they destroyed evidence of their culpability in the Deepwater Horizon oil spill. The company agreed to pay the maximum allowable fine of $200,000, accepted  a three-year probation;  continued its cooperation with the government’s criminal investigation (which it had to anyway), and  made a voluntary contribution of $55 million to the National Fish and Wildlife Foundation to clean off those oil-covered sea birds and otters. It could do this with the confidence that hard-core Democrats, being total hypocrites, would still attack the Republican party as a cadre of soulless corporate fat cats and insist that any criticism of Holder’s Justice Department and his boss’s administration was rooted in racism.

And again, the amazing thing is: That’s not all.

Any politician, elected official, pundit, columnist, civil rights leader or President who declares that Eric Holder was a wonderful public servant and a great American is telling you one of three things, or all of them:

  • They are liars.
  • They don’t know anything about Eric Holder, or
  • They believe the integrity of the nation’s laws should be warped and the public trust should be forfeited for a race-based, partisan agenda.

I don’t know about you, but I’ll be taking names.

Ethics Quote of the Week: Ken White of Popehat

First Amendment“…Our freedoms are recognized or denied based on court rulings. Our understanding of those court rulings often derives from media coverage of them. When we do a lousy job of covering law, or when we put up with journalists doing so, we’re doing a lousy job as citizens.”

—-Attorney-Blogger Ken White, after meticulously exposing how the media, old and new, completely misrepresented a Texas court’s striking down  an overly broad statute as protecting “upskirt” photographs.

Ken White has delivered another masterpiece, expertly debunking the news media’s criminally ignorant analysis of a Texas Court opinion. I must admit, when I saw the headline “Texas Court: Ban on ‘Upskirt’ Photos Violates First Amendment Rights” and its ilk around the web, I just assumed that reporters were being sensational and dumb as usual, and moved on to other things. Thank goodness Ken was on the case, and properly flagged the danger in lawyers reacting this way. We have a tendency as a profession to think, “Well, there they go again, completely misunderstanding the law, poor dears” when we should be working overtime to set the record straight. I admonish my seminar attendees for doing this regarding the public’s distorted view of legal ethics, and fell into the same trap myself.

Ken’s dissection of the flat-out wrong reporting on this case is frightening: it is clear that most reporters are incapable of understanding what court opinions mean, yet there they are, writing nonsense and making the public more ignorant, not to mention making them think taking upskirt photographs is legal and constitutionally protected.

Counselor White has had a busy year that has kept him from providing his usual volume of daily enlightenment. He is back in top form, and we should all be grateful.

 

Slate’s Amanda Hess’s Very, Very Embarrassing Essay About Why It’s “Very, Very Stupid To Compare Hope Solo To Ray Rice”

Fa11 _WT_Hope AL Portrait_RGB.JPG

A Forbes  columnist wrote a clumsy essay that managed to make it sound like all incidents of campus sexual abuse were the fault of co-eds who can’t hold their liquor. It was almost instantly taken down, and he was sacked in disgrace, for some opinions are just not fit for open debate in politically correct America, it seems. Self-censorship is the order of the day, or fear the wrath of the War on Women Warriors. You can read the piece here: in my view, there was enough that was thought-provoking in it to allow the dumb and offensive parts to be taken care of by astute commenters, critics and bloggers. But women are the new unassailable icons right now (oh my God, I nearly wrote “sacred cows”! My career just flashed before my eyes…). It will be fascinating to see how long this delicate and fanciful balance can be maintained in the culture without someone breaking out in uncontrollable giggles: women are equal in every way to men, but are too pristine and delicate to accept or endure criticism of any kind, and if you dare offend them, you are toast.

Around the same time Forbes was declaring Bill Frezza’s essay a blight on humanity, Slate’s Amanda Hess was posting a column of at least equivalent nonsense content, and I would argue, more embarrassing. It is a desperate plea for a distaff double standard regarding domestic violence, responding to articles like mine, pointing out that soccer star Hope Solo is garnering faint condemnation for the pending charges against her, while the same sports writers and social commentators ignoring her are attacking the  National Football League and its several abusers, alleged abusers, and charged abusers with gusto. Hess calls her opus “No, Women’s Soccer Does Not Have a Domestic Violence Problem, Or, why it is very, very stupid to compare Hope Solo to Ray Rice. If this didn’t guarantee a ticket to spend a lonely weekend with Frezza lamenting the end of their gigs, nothing will. Slate disgraced itself by publishing it, because it adds nothing to the public debate regarding domestic abuse except rationalizations, excuses, and of course, the exalted double standard that women can do no wrong, or at least no wrong anyone should get upset about.

Before I expose the utter dishonesty and incompetence of Hess’s essay, let me just state for the record why I and anyone else who is objective and paying attention compares Solo to Rice (and the other NFL players recently disciplined), or to be more precise, compares the obligation of U.S. Soccer to treat its accused abusers exactly like the NFL is doing now: Continue reading