Law & Law Enforcement

Ethics Quote Of The Week: Actress Glenn Close

/ Jack Marshall / 10 Comments

“Nixon was pardoned, and the gut punch to our body politic turned into a festering cynicism about our leaders, which has only grown in the years since. Nixon should have been held accountable. And so should Donald Trump. Another gut punch may prove fatal.”

—-Esteemed actress Glenn Close, who was raised in a cult, whose only jobs have involved performing before and after college (where she majored in theater), and who has no more expertise or authority on these issues than anyone else, including my favorite Harris Teeter check-out clerk, in a letter to the editor  that was given op-ed opinion status by the New York Times….because, you see, she’s a great actress, so of course her opinion is special.

Boy, am I sick of writing versions of this post.

Hollywood “resistance” culture and cant notwithstanding, there are no parallels between President Richard Nixon and President Donald Trump, other than the fact that most journalists hated both of them. Even in that respect, there are material differences: the journalists who hated Nixon at least made a pass at objective reporting, though they were thrilled when he provided them with an opportunity to attack. As has been documented here so often that even I’m bored with it, the tactics of the resistance/Democratic Party/ mainstream media regarding Trump was to assume he had committed heinous acts, and to see their task as removing him from office (or making sure he never again runs for office) by searching for some justification. This was the strategy that led to the two weak and unconstitutional impeachments and that produced the list of Big Lies fed to the public throughout Trump’s term in office (and after). It is an unethical and sinister strategy, and the approach of various prosecutors—“Let’s search for something we can get this guy on!” is a breach of legal and prosecutorial ethics as well.

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Update: “Vermont Law School’s Craven Art Censorship”

/ Jack Marshall / 5 Comments

Slavery mural

UPDATE: The Ethics Alarms post below ran in 2021. Now the revolting controversy is back in the news: the Vermont Law School in South Royalton, Vermont still seeks to remove the artwork above and below depicting the history of slavery in the U.S. As I wrote in 2021, the school simply capitulated to irrational, power-seeking student complaints alleging a racist message being conveyed by anti-racist art. To his credit, the artist has fought back, and the school has wasted resources intended for education to support the worst kind of mindless race-hucksterism.

At the end of the post, it noted that the case was headed to an appellate court, and it finally reached the U.S. Court of Appeals for the Second Circuit in New York, where the two sides presented arguments on January 27. For two years, the law school has covered the paintings with white panels suspended just above their surface so as not to damage them, pending the outcome of the court appeal.

I still think Kerson is likely to lose. I do not see how a Court can compel a school to display an artwork it doesn’t want to display. The federal law at issue says artists can prevent modification of their work if the change would harm their “honor or reputation.” The law school says that covering the murals, even permanently, is not a modification. An attorney representing the law school states simply, “If you own a painting, of course you have the right to decide whether or not to display it.”

The white artist, Sam Kerson argues that his reputation will be scarred if his work is falsely treated as “racist.” “He must suffer the indignity and humiliation of having a cover put over his art,” his lead attorney, argued to the Second Circuit.

Nothing much has changed since the 2021 post, but some of the quotes cited in the New York Times article this week are demonstrate how thoroughly race issues have become unmoored from rationality and fairness:

  • “If someone is saying to you, ‘How you’re depicting me is racist,’ for you to live in your own ignorance, and further aggravate the situation — now you’re showing us who you are,” said Yanni DeCastro, a second-year student. [In other words, if someone claims your art is racist, disagreeing with that assessment is racist.]
  • “We need to stop protecting white fragility,” said another student. [Another transparent tactic to ban disagreement with race hucksters! Kerson isn’t uncomfortable talking about race: his painting is an invitation to face racial history. It’s his black critics who are “fragile.”]
  • The same student told the Times:  “The mural is covered, but what’s really changed? What is the plan to ensure that students of color feel safe and welcome?” [Yes, students are threatened by a covered painting. What kind of lawyer can someone like this become? My guess: a poor one.]
  •  A second-year student told the Times: “What is real to me is a painting to you The artist was depicting history, but it’s not his history to depict.” [Only blacks can write about, make movies about, or paint pictures regarding black history. Why wouldn’t the converse also be true, then?]

Here is the original post:

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It Really Is True: A Disturbing Number Of Elected Democrats Don’t Understand Or Support The First Amendment

/ Jack Marshall / 9 Comments

Do the voters who elect these opponents of democracy understand the implications of what they are doing in states like California, Massachusetts, Washington and, in this case, New York? I hope not. I sincerely hope the voters are just lazy and stupid, not genuinely in favor of curtailing individual rights.

Once again, a judge has had to step in and remind a government that “Congress shall make no law–– abridging the freedom of speech” as applied to the states through the 14th Amendment. New York’s dangerously woke governor Kathy Hochul happily signed into law last December “The Hateful Conduct Law,” entitled “Social media networks; hateful conduct prohibited.” She had personally called for the law, declaring that “[o]nline platforms should be held accountable for allowing hateful and dangerous content to spread on their platforms” because the alleged “lack of oversight, transparency, and accountability of these platforms allows hateful and extremist views to proliferate online.”

It is thought control Democrats and progressives like Hochul want, and prosecuting those who “spread” ideas that their mob calls hateful and dangerous is essential to that goal. The law, N.Y. Gen. Bus. Law § 394-ccc(1)(a) defines  “hateful conduct” as

“[T]he use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

Naturally, since the “beauty part” of such a law for aspiring totalitarians is that all-wise, ever-virtuous overseers like Hochul can decide any conduct or expression is “hateful” if they want to silence and punish the speaker. “Vilification, humiliation, or incitement” is undefined, but if whatever it is is directed toward an individual or group based on their “race”, “color”, “religion”, “ethnicity”, “national origin”, “disability”, “sex”, “sexual” orientation”, “gender identity” or “gender expression,” then it’s illegal. Continue reading →

Unethical Tweet Of The Month: Harvard Law Professor Emeritus Larry Tribe

/ Jack Marshall / 7 Comments

  • No, it doesn’t look like that at all.
  • An extensive and expensive investigation held by anti-Trump-biased lawyers found otherwise, and
  • This kind of claim regarding a stolen election has been called “baseless” by the mainstream media and Democrats as a virtual mantra for more than two years, and is routinely categorized as “misinformation.”
  • Tribe, as a law professor, is presumed to know what evidence is, but there is no “evidence” of what Tribe claims, and the Mueller Report specifically stated so, as painful as it must have been.

Tribe’s reputation-scarring delusions, however, are confirmation for the Trump Deranged, who think, for example, this meme by Occupy Democrats is profound: Continue reading →

Ethics Quiz: Alec And The Philharmonic [Corrected]

/ Jack Marshall / 25 Comments

I did not know that Alec “Quick-Draw” Baldwin, currently criminal charges in New Mexico as a consequence of his fatal shooting of cinematographer Halyna Hutchins while filming the film “Rust,” is and has been the New York Philharmonic’s radio host. In writing this,  I am admitting that I haven’t listened to live broadcasts of the orchestra in a long time, probably since Leonard Bernstein was waving the baton. On the other hand, if I knew I had to listen to Baldwin to hear “Peter and the Wolf” again (Lenny’s rendition was big hit when I was 10), I wouldn’t have listened anyway. I can tolerate Baldwin in older films (like “The Hunt for the Red October”) before he became a public asshole, and in more recent movies (like “The Departed,” “Pearl Harbor” and the “Mission Impossible” films) where he is only in a small supporting role: he is, after all, a competent actor (like many assholes). In any other setting, however, if Alec is connected with it, count me out; the cognitive dissonance is too great.

The New York Post reports that despite the actor facing homicide murder charges (two counts of involuntary manslaughter) , the Philharmonic will allow Baldwin to keep his role as the famed orchestra’s  radio host and will remain a member of its board of directors. “He has been an incredibly strong person on the board, and very, very helpful and I think that will probably carry us today,” Charles F. Neimeth, a fellow board member, said in explaining the organization’s decision. “He’s been a strong contributor, both financially and otherwise.” Continue reading →

Comment Of The Day: “Dispatches From The Great Stupid, An Ethics Dunce Family, And West Coast Bizarro World”

/ Jack Marshall / 16 Comments

The tale of the social justice warrior baker whose family announced that in her honor and memory they didn’t want any law enforcement “violence “—like, say, punishment, to be inflicted on her killers has generated a fascinating discussion.

Here is the Comment of the Day by Steve-O-in-NJ, who had been on quite a roll lately. The post under examination is “Dispatches From The Great Stupid, An Ethics Dunce Family, And West Coast Bizarro World”…

***

I thought most of the aging hippies moved to upstate New York (home of Ithaca, the City of Evil according to many conservatives) and Vermont (the land of gray ponytails).

All silliness aside, this statement makes me want to yawn, not get angry. One of the ending themes I return to in my writing, both historical and fictional, is that evil always returns, although it may wear a different name or a different face, and it falls to a new generation to fight and defeat it. Yesterday it might have worn a hammer and sickle, the day before that it might have worn a swastika or a rising sun, today it wears a crescent or a double-headed eagle. But the underlying idea, that it is going to impose its will and its vision by force, never changes.

The foolish idealism that often supports it keeps returning also, though it too wears a different name and face in every age, actually often many different names and faces in each age. Today it wears the pan-African colors of Black Lives Matter and the rainbow colors of militant abnormal sexuality. Yesterday it wore the tie-dye of the hippies and the ragged habit of Christian anarchism. There have always been the black-clad true anarchists to spur the idealists along or take the action the idealists balk at. The underlying ideal is always the same: a perfect society with no coercion and perfectly good people, obtained by resistance to the current order. Yesterday the anthem was John Lennon’s “Imagine,” today it’s Brett Dennen’s “Heaven”: Continue reading →

Dispatches From The Great Stupid, An Ethics Dunce Family, And West Coast Bizarro World [Link Fixed!]

/ Jack Marshall / 42 Comments

This story is so mind-meltingly stupid that it actually makes me angry.

I am not going to be kind. When woke delusions get this serious, innocent people are going to be hurt. That’s Jennifer Angel above, a small business owner and Oakland baker. She was an anarchist and extreme social justice advocate, as if anarchy doesn’t lead directly to injustice. I’m sure she was a nice person, just permanently crippled by living too long in California and hanging out with aging hippies. Jennifer didn’t deserve to die, and die horribly, but she did: when a thief broke into Angel’s car while she was in it, grabbed something and jumped into a getaway car, Angel chased the thief—after all, that’s what you have to do when there are no police, as Angel wished. Sadly, she got caught in the door of the fleeing vehicle was dragged down the street, her head smashing against the pavement repeatedly. She was pronounced dead at the hospital.

Angel’s family and friends issued a statement, and it is utopian claptrap for the ages. here is most of it, and when I can’t stand by without commenting, I will interrupt: Continue reading →

On Judge Kollar-Kotelly’s Procrustean Attempt To Make Abortion A Constitutional Right

/ Jack Marshall / 8 Comments

That’s Procrustes portrayed above, in both of his favored acts of mayhem. I checked: I’ve used the term “Procrustean” several times here, but never was kind enough to explain the term’s origins, which is what makes it cool.

Procrustes was the nastiest of the bad guys the mythological Greek hero Theseus encountered on his way to killing the Minotaur in Crete. Procrustes would invite a weary traveler to take refuge for the night, offering him sustenance and a bed—but the bed was a deadly trap. Procrustes guaranteed every guest would fit the bed neatly, but that was because it converted into a rack, stretching anyone who was too short. If a guest was too tall, Procrustes just hacked off enough inches from the feet up to ensure that the bed would fit him, too. Theseus killed the psycho, but the word procrustean eventually entered legal lexicon to describe an argument that illogically squeezed facts or omitted them to make a theory fit the law.

I thought of old Procrustes immediately when I read that Judge Colleen Kollar-Kotelly in the District Court for the District of Columbia suggested after a hearing that the Thirteenth Amendment might have created a right to abortions. Wait, you well might ask, “How could an amendment created specifically to make slavery illegal, passed right after the Civil War, be construed to enshrine abortion as a right?” The short answer is, “It can’t and doesn’t.” The stupid, intellectually dishonest answer, however, is the one that the previously responsible female judge has decided to promote.

When the amendment states, Continue reading →

Who Would Have Suspected That A Group Of Judges With An Average Age of 62 Would Not Be Competent At Cyber-Security?

/ Jack Marshall / 4 Comments

I jest, of course.

Who couldn’t see this coming—years ago? A decade ago?

Long before the leak of Justice Alito’s draft opinion reversing Roe v. Wade,  Supreme Court justices often used personal email accounts instead of secure servers designed to protect sensitive information. Security lapses by the justices apparently were routine, making the embarrassing and public-trust-wounding leak all but inevitable while also rendering an effective investigation difficult as well.

Supreme Court employees used printers that didn’t produce logs. They were able to print sensitive documents off-site without tracking. So-called “burn bags” containing materials that needed to be shredded were left open and unattended in hallways. Employees could remove documents, including draft opinions, from the SCOTUS building Continue reading →

Good: The 5th Circuit Strikes Down An Unconstitutional And Slippery Slope Gun Control Law

/ Jack Marshall / 5 Comments

A three judge panel of the United States Court of Appeals for the Fifth Circuit struck down a law requiring objects of domestic violence restraining orders to surrender their guns. Good.

The law is a Federal statute. The plaintiff, Zackey Rahimi, was convicted of possessing a firearm while he was subject to a domestic violence restraining order. His convictionhad been upheld by the district court and a prior Fifth Circuit panel. Following the Supreme Court of the United States’ Bruen (2022) decision, the Fifth Circuit panel “withdrew its opinion and requested supplemental briefing on the impact of that case on this one.” After reconsidering Rahimi’s case in light of Bruen, the Fifth Circuit panel reversed itself and vacated Rahimi’s conviction.

The statute makes it unlawful…

“for any person[] who is subject to a court order that: was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury . . . to . . . possess in or affecting commerce, any firearm or ammunition . . . .

The panel consisted of Judges Edith Jones, James Ho, and Cory T. Wilson. Judge Wilson wrote: Continue reading →