The Georgetown Gilbert and Sullivan Society is the now half-century old theater organization I inadvertently spawned as a first year law student (before they were called “1Ls”) at Georgetown University Law Center. Right now, the group, which calls itself “The only theater group with its own law school,” is nearing an all-time peak in student participation, interest and talent, making this old lawyer-theater guy proud and happy indeed.
Last night I attended closing night of the group’s ambitious, full production of “Hamlet,” which most community theater groups wouldn’t dare attempt. It was a modern dress version (period set “Hamlet’s” are the exception rather than the rule and have been for decades) with an “emo” concept that worked just fine. The student director staged with skill and intelligence, the casting was spot on, and it even gave me some new insights into the work despite having see the play too many times to list. Yes, a woman played the Danish prince, but the 1L actress was excellent, and female Hamlets first appeared in 1899, when the great Sarah Bernhardt played the role.
First, on the ethical side…we have The Foundation for Individual Rights and Expression, which picked up the metaphorical baton on non-partisan defense of freedom of speech after the ACLU threw their mission away and became just another lackey for the Democratic Party.
A federal district court today dismissed with prejudice the lawsuit against Iowa pollster J. Ann Selzer stemming from her late and spectacularly wrong poll before the 2024 election showing Donald Trump losing reliably Republican Iowa to Kamala Harris. The lawsuit, brought by a subscriber to The Des Moines Register and structured as a class action asserted claims under Iowa’s Consumer Fraud Act was fraud and attempted election interference. It was a stupid lawsuit, so Selzer, represented pro bonoby FIRE, which explained that commentary about a political election, including polls, are protected speech. The court agreed that “polls are a mere snapshot of a dynamic and changing electorate” and “the results of an opinion poll are not an actionable false representation merely because the anticipated results differ from what eventually occurred.” The court also held the plaintiff had “no factual allegations” to support his fraud claim, instead “invok[ing] mere buzzwords and speculation” to support his claims.
Gail Herriot is Professor of Law at the University of San Diego School of Law and a member of the United States Commission on Civil Rights since 2007. She is a conservative, so much of the civil rights racket (“Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.” Eric Hoffer) objects to her existence.
Herriot recently posted the following jaw-dropping letter that she received from a member of the California Bar:
Dear Ms. Heriot,
This letter serves as a formal cease and desist demand regarding your ongoing, public, and targeted efforts to undermine and harass the Black community and its advocates for equity, in direct violation of state and federal civil rights laws and your ethical obligations as a member of the bar.
Your activities—including those publicly associated with the California Foundation for Equal Rights (CFER) (among others) and campaigns explicitly opposing Black-focused equity —constitute racial targeting and harassment under the Civil Rights Act of 1964, 42 U.S.C. § 1981, and applicable state hate crime and anti-discrimination statutes. Such conduct is not protected expression when it rises to the level of coordinated intimidation or bias-based obstruction of legally protected programs. It is particularly egregious that your public campaigns have focused solely on efforts benefiting the Black community, while remaining silent on or even supportive of state and federal allocations to other racial or ethnic groups.
For example: In 2021 and 2022, the State of California directed substantial funding—over $165 million—to AAPI anti-hate initiatives, a commendable effort to address rising hate incidents against Asian Americans.
In 2024, the California Legislature authorized over $300 million in support for Holocaust survivors and members of the Jewish community, recognizing their suffering and need for continued support.
Despite these allocations, your campaigns have not targeted or criticized these initiatives—only those aimed at repairing centuries of harm done to Black Americans, who remain the most frequent victims of race-based hate crimes nationwide according to federal data. Your selective and racially targeted opposition to Black equity initiatives, combined with your public standing as an attorney, member of a federal civil rights commission and educator, magnifies the discriminatory impact and constitutes a pattern of bias-based harassment under both state and federal law.
Accordingly, you are hereby ordered to immediately cease and desist from any further direct or indirect harassment, public misinformation, or racially targeted advocacy directed toward the Black community or programs designed to support it. Continued actions of this nature may result in:
Formal referral to state bar disciplinary authorities for violations of the Rules of Professional Conduct concerning bias, harassment, and discrimination; and
Referral to appropriate civil rights enforcement agencies for investigation under state and federal hate crime and civil rights statutes.
Please provide written confirmation within ten (10) business days that you have received this notice and that you will comply fully with its terms.
Item:The Democratic Mayor of Chicago hits the zenith of Orwellian NewSpeak and progressive “It isn’t what it is” gaslighting. Plus he’s an idiot.
Asked about “illegal aliens” in Chicago by a reporter, Mayor Brandon Johnson actually said, “We don’t have illegal aliens. I don’t know if that’s from some sort of sci-fi message for which you’ve had.”
Chicago has lots of illegal aliens, which is the accurate term for non-citizens (aliens) who are on U.S. soil illegally.
The reporter explained that he was using the accurate legal term, and Johnson, against all odds, made an even more ridiculous remark. “Listen, the legal term for my people were slaves,” he said. “You want me to use that term, too?”
Well, yes, if one is to referring to the period in which “his people” were, in fact, slaves, called slaves, sold as slaves, and referred to themselves as slaves.
“Let’s just get the language right,” the mayor continued. “We’re talking about undocumented individuals that are human beings. The last thing that I’m going to do is accept that type of racist, nasty language to describe human beings.”
Just as calling slaves “slaves” isn’t racist, calling illegal aliens “illegal aliens isn’t “racist.” “Undocumented individuals that are human beings” (Catchy!) are, in fact, illegal aliens.
This situation is a) unprecedented b) raises ethics issues that a typical first year law student or a bright 16-year-old could figure out c) is easily resolved, though the solution would be messy to execute and d) is being misrepresented by the news media because of course it is. I have been stalling, I admit, exploring it here because I am sick to death of Trump related controversies, but I just discussed it 45 minutes ago in an ethics seminar, so I can’t avoid the story any longer.
The Facts: Donald Trump, then a lowly private citizen (but ex-President) submitted a claim, lodged in late 2023, seeking damages for alleged violations of his rights by the F.B.I. and the special counsel tricked -up Russian election tampering investigation. In the summer of 2024, his lawyers filed a second complaint accusing the F.B.I. of violating Trump’s privacy when it raided Mar-a-Lagoin 2022 for to search for classified documents. That claim also accused the Biden Justice Department of malicious prosecution (Gee, ya think?).
Naturally, the Biden Justice Department (which also had a conflict of interest, as it was unlikely to relish the prospect of admitting wrongdoing during the Presidential campaign, did nothing, leaving the matter to be resolved after the election. But Trump won, and many of his lawyers are now officials in the Justice Department. They have, essentially switched sides. Even the President, not known for his sensitivity to ethical matters, realizes the problem. “I have a lawsuit that was doing very well, and when I became president, I said, I’m sort of suing myself,” Trump has said, adding: “It sort of looks bad, I’m suing myself, right? So I don’t know. But that was a lawsuit that was very strong, very powerful.”
Right now I don’t care about the details, which are just emerging. The point is that this was 100% inevitable as soon as the professional sports leagues got into metaphorical bed with the online gambling companies. Ethics Alarms has warned about this many times (here, for example). I couldn’t justify using the “I’m smart!” clip from “Godfather 2” (my usual “I told you so!” introduction) this time, though, because even Fredo would have seen this coming…especially in pro basketball.
I started writing this as a comment to the lively thread that has followed last night’s post, but decided to make it a separate post because the discussion raises its own ethical issues.
The Kirk denigration since the Turning Point USA founder’s death resembles that old kids game “telephone.” You would whisper a statement into the ear of the kid next to you who would pass it along down a line of ten or more and finally compare the original message to what the last one in the line heard. Hilarity usually ensued, as the vagaries of oral communication and the reception thereof resulted in “Mikey has a crush on Sue Brandeberry” turning into “Nike is suing someone who smeared crushed berries on its brand.” “Telephone” is a benign interpretation of a lot of the slander and libel against Kirk’s character and legacy; the non-benign interpretation is that people are just lying.
In the thread, a respected commenter here sparked some angry responses by answering my repeated question in the original post [“What did Kirk do or say that could possibly justify these freakouts?”] thusly: “At a guess, it might be his statement that passing the Civil Rights Act of 1964 was a mistake that might have been an issue. Or his highly uncomplimentary statements about Martin Luther King Jr and the approval of his assassination. Freedom of speech and all that.”
I have heard or read several equivalent versions of that answer since Kirk’s death, and they are worth clarifying and discussing.
Back in 2007, when Lindsay was young, hot and seemingly had a long career of Hollywood stardom stretching out before her, I awarded the actress the championship for most brazen and manifestly ridiculous excuse ever. She had just been arrested for driving intoxicated and possession of cocaine, which had been found in the pocket of her jeans. Lindsay’s professions of innocence were that 1) she wasn’t driving her own car and 2) “These aren’t my pants!”
But like so many records, this one was short-lived. In 2012, The Smoking Gun reported that in Wisconsin police responded to a domestic abuse call to find Mrs. Michael West [Note:NOT the spouse of the Ethics Alarms commenter] bleeding from her face and saying that her husband Michael beat and tried to strangle her. Confronted by the officers, Mr. West (above, next to Lindsay) explained that he was innocent. A ghost did it.
That pushed Lindsay to second place, and those standings held for another 13 years…until this month. Brian and Sara Wilks [above] of Houston, Texas were at Miramar Beach with their four children on October 11when they left their baby alone under a tent for about an hour as they walked up the beach with their more mobile offspring. Officers responded to reports of an unattended infant on the beach, and witnesses told police that the baby had been left alone while the family wandered off. When Brian, 40, and Sara, 37, returned to the scene they found police waiting as some charitable bystanders took care of the infant. Mom and Dad admitted to placing the child under the tent for a nap before leaving with their other children.
Their explanation of how an infant ended up alone on a public beach for more than an hour?
The case, Louisiana v. Callais, involves the question of whether Louisiana’s congressional map violates the 15th Amendment and the Equal Protection Clause of the 14th Amendment because it clearly includes two districts with boundaries based on race. The objective was to create two majority black districts. In other words, use race as the reason for determining Congressional districts.
Justice Jackson’s head-exploding argument? Giving blacks special advantages in the matter of representation was like making special accommodations for the handicapped under the Americans with Disabilities Act. Black Americans, you see, are permanently handicapped because of the crippling effects of slavery (which ended 160 years ago) and Jim Crow (which ended 100 years later, about 60 years ago.)
“So going back to this discriminatory intent point, I guess I’m thinking of it, of the fact that remedial action absent discriminatory intent is really not a new idea in the civil rights laws. And my kind of paradigmatic example of this is something like the ADA,” Jackson said.
“Congress passed the Americans with Disabilities Act against the backdrop of a world that was generally not accessible to people with disabilities,” the DEI Justice explained. “And so it was discriminatory in effect because these folks were not able to access these buildings. And it didn’t matter whether the person who built the building or the person who owned the building intended for them to be exclusionary; that’s irrelevant. Congress said, the facilities have to be made equally open to people with disabilities if readily possible. I guess I don’t understand why that’s not what’s happening here. The idea in Section 2 is that we are responding to current-day manifestations of past and present decisions that disadvantage minorities and make it so that they don’t have equal access to the voting system. Right? They’re disabled. In fact ,we use the word ‘disabled’ in [Milliken v. Bradley]. We say that’s a way in which these processes are not equally open. So I don’t understand why it matters whether the state intended to do that. What Congress is saying is if it is happening … you gotta fix it.”
Got it! American blacks are permanently disabled. This is the rote justification for affirmative action forever, DEI (which Jackson understandably has an affection for), and reparations for slavery. It is a jaw-droppingly demeaning characterization of black Americans, and pure stereotyping.
Her “logic” also misses an obvious and crucial point: when the 1964 Voting Rights Act was passed, the U.S. was just barely leaving the Jim Crow era. Brown v. Bd of Education was only ten years old. Inter-racial marriage was still illegal in many states. Progressives and race-hucksters like Jackson refuse to acknowledge that there has been massive progress in race relations since 1964, and they deny that progress because it means giving up their own benefits from the phenomenon of presumed racism. “Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.” Jackson’s statement marks her as a racketeer.
That quote from Jackson is damning (and it bolsters the EA case that Joe Biden was the worst POTUS ever, since he appointed this partisan hack) and should be headline news, but it’s not. Gee, I wonder why… Over at SCOTUS blog, the new proprietor, Amy Howe, provides what she represents as a thorough analysis of the oral argument in Louisiana v. Callais without mentioning Jackson’s outrageous theory at all. So far, I have only seen it mentioned on conservative blogs and news sites. In fact, I was driven to Breitbart, a site I banned for being biased and untrustworthy, to find the full quote.
Is Jackson the worst SCOTUS Justice ever? I think she’s worse than Sotomayor, which is pretty amazing, but no, I’m sure there have been worse ones in the Courts dim past. But she is pretty assuredly the worst Justice in my lifetime, and that would include the execrable Harry Blackmun, who inflicted Roe v. Wade on the nation as well as the indefensible majority opinion declaring that baseball, alone among professional sports and billion dollar private businesses, should be immune from the antitrust laws. Harry was an mediocre judge in over his head thanks to a Peter Principle Nixon appointment, but he was at least smart enough not to claim that being black was the equivalent of being disabled.
Cecil Brockman, 41, representing Guilford County (N.C.) in the state legislature, was arrested today on two charges of statutory rape and two charges of taking indecent liberties with a child. He was first elected in 2014; in Brockman’s most recent reelection bid, he secured about 63% of the vote.
Good choice. The North Carolina Democratic Party is calling for Brockman to resign. But here’s the fun part: Brockman had voted against the North Carolina parental rights bill to keep sexually provocative materials out of school libraries. The bill also required teachers and school administrators to inform parents when their children wanted to change their gender.
I could not determine whether the bill also required teachers to tell parents if a student wanted to have sex with a state legislator.
Brockman also had a Youth Academic Center named in his honor by the Housing Authority, presumably because he was so intimate with the Center’s membership.
Democrats are having one heck of a month, aren’t they?
Ethics Alarms 