At Least This Time They Didn’t Blame Pitbulls…

This is such a horrible Christmas story that even my fecund imagination couldn’t devise an appropriate graphic for it, yet attention should be paid.

On December 23 in Cave Spring, Arkansas, a family’s dog attacked and killed a four-day old infant girl. The dog bit the baby’s head, fatally injuring  the infant’s skull. When I read the story, my second thought after the obvious first one was “Now watch: this will be called another pit bull attack.” Amazingly, it wasn’t: the dog was a Siberian Husky. That didn’t stop the news media from attaching alleged pit bull horror stories to this one, like the attack by two Staffordshire terriers, one of several breeds called pit bulls, that killed two small children and injured their mother in October. I did learn something from the various articles: 32% of all fatalities from dog bites in the U.S. are children 4 years-old and under. Continue reading

From The Slippery Slope Files: The Case Of The Missing Movie Star [Updated]

Boy, will this ruling ever open a metaphorical can of worms!

Conor Woulfe and Peter Michael Rosza rented the movie “Yesterday” because they are big Ana de Armas fans and the Cuban-born actress was featured in the trailer. She was not, however, in the movie, her rold having ended up on the cutting room floor.

The devastated renters filed a lawsuit against Universal Pictures under California’s false advertising laws, seeking…wait for it!— $5 million in damages. De Armas, you should know, is not exactly Hollywood Walk of Fame material, at least not yet. Her biggest role to date was playing Marilyn Monroe in “Blonde,” which was notable because if MM had played de Armas, that would have been racist and “whitewashing.”

But I digress. Universal argued in its defense that movie trailers are just an “artistic, expressive work” that merely conveys the theme of the movie and is therefore entitled protection under the First Amendment. The judge was unimpressed and ruled that the suit could proceed to discovery, writing,

Continue reading

Unethical Asshole Of The Month: MSG Entertainment CEO James Dolan

The Ethics Alarms 2022 Award for Asshole of the Year will be awarded to Donald Trump, natch, later today, and this episode involving the CEO of MSG Entertainment won’t threaten Trump’s honor. I could see Trump doing this. I could see Elon Musk doing it; indeed, he came close.

But James Dolan’s conduct is still pretty disgusting. Lawyer Kelly Conlon was accompanying her daughter and her daughter’s Girl Scout troop to a performance of the “Christmas Spectacular” show with the Rockettes at Radio City Music Hall in New York City when a facial recognition system identified her in the lobby. After walking into the theater Conlon was flagged by security and told to leave because of she works for Davis, Saperstein & Salomon, a law firm representing clients in litigation against MSG, a large entertainment holding company overseeing live events at venues including Madison Square Garden, Radio City Music Hall, the Beacon Theater and the Hulu Theater. CEO Dolan has a policy of banning attorneys at any law firm that sues an MSG venues from attending MSG events.

Conlan isn’t alone in being harassed; another lawyer, Nicolette Landi, was on her way to Mariah Carey’s “Merry Christmas To All Show” at Madison Square Garden last week, when she was denied entry too. All the members of her law firm, Burns and Harris, had received letters banning them from events at all of MSG’s properties. Lawyer Larry Hutcher, a Knicks season ticket holder for nearly 50 years, also found himself on the blacklist because his firm, Davidoff Hutcher & Citron LLP, is in litigation against Dolan’s properties.

Continue reading

The FBI’s Rationalization For Its Twitter Content Manipulation: “We Do This Kind Of Thing All The Time!”

Well alrighty then! All is well!

The Federal Bureau of Investigation  issued a supposedly exonerating statement today following the latest “Twitter Files” dump, which disclosed information detailing the FBI’s correspondence with Twitter in October 2020. Substack’sMatt Taibbi revealed that the agency warned the previous management at Twitter of a “hack-and-leak” by “state actors” surrounding the story of Hunter Biden’s laptop to influence the 2020 presidential election. The “Twitter Files” also revealed that the FBI and Twitter worked closely in the lead up to the election, with documents published this week showing that the FBI paid Twitter nearly $3.5 million between October 2019 and February 2021 for  the expenses entailed by complying with the FBI’s demands/requests. The FBI also flagged certain tweets for Twitter to remove from the platform, the documents show, and FBI agents were  even employed at Twitter during this period.

If I were a publicity experts advising the FBI, my recommendation would be that no comment would be preferable to this statement, which is desperate and damning:

“The correspondence between the FBI and Twitter show nothing more than examples of our traditional, longstanding and ongoing federal government and private sector engagements, which involve numerous detailing companies over multiple sectors and industries. As evidenced in the correspondence, the FBI provides critical information to the private sector in an effort to allow them to protect themselves and their customers. The men and women of the FBI work every day to protect the American public. It is unfortunate that conspiracy theorists and others are feeding the American public misinformation with the sole purpose of attempting to discredit the agency.”

Continue reading

Institutional Ethics Dunce: The U.S. Congress

The House of Representatives passed legislation last week ordering the Capitol’s bust of Roger Taney, the Supreme Court Chief Justice who wrote the Dred Scott decision, to Hell, or someplace. It will be replaced by a new bust of Thurgood Marshall, the first black judge to serve on Court.

Of course it will. This naked political grandstanding wouldn’t be complete without installing a black judge’s image as a rebuke to the evil white judge. The legislation now heads to President Biden’s desk to be signed, probably followed by a victory jig.

The pandering legislation says that Taney’s bust is “unsuitable for the honor of display to the many visitors to the Capitol.” It currently sits at the entrance of the Old Supreme Court Chamber in the Capitol where the Supreme Court met from 1810 to 1860. Taney led the court from 1836 to 1864.

“While the removal of Chief Justice Roger Brooke Taney’s bust from the Capitol does not relieve the Congress of the historical wrongs it committed to protect the institution of slavery, it expresses Congress’s recognition of one of the most notorious wrongs to have ever taken place in one of its rooms, that of Chief Justice Roger Brooke Taney’s Dred Scott v. Sandford decision,” the legislation says. I wonder how many of the members who voted for the legislation know anything about Taney or have ever engaged in an objective reading of his opinion. My guess: not many. Maybe none.

Continue reading

He’s Right Of Course, Turning Back The Clock On This Predictably Disastrous Progressive Policy Requires More Competent Leadership Than This…

Brevard County (Florida) Sheriff Wayne Ivey chose the county jail to make a passionate public statement about the deteriorating discipline in public schools and its catastrophic consequences last month. Flanked by law enforcement partners, school board chair Matt Susin, and 18th District State Attorney Phil Archer, Ivey needed urgent reform.

As it was his job,to keep schools safe from all forms of harm,  “the clowns who continually disrupt our classrooms, our assemblies, with their bad behavior” had to change, Ivey said, and he pledges to be active in executing that change:

“Our teachers are distracted, they can’t do their jobs anymore, they’re spending more time dealing with children disrupting their class than they are in teaching those that came there to learn….As a result, we are losing teachers in mass order. Teachers that can no longer take having their class disrupted by these clowns. We are losing those that came here to passionately teach our students, that are passionate about teaching others.”

 Ivey pointed to “the failure of school discipline policy” in Brevard County allowing a minority of students to repeatedly engage in class violence, disrupting lessons while attacking teachers physically and verbally. The sheriff said that teachers and principals were “handcuffed” regarding  discipline, with excessive bureaucratic obstacles rendering the process to request disciplinary action slow, burdensome and ineffective. Continue reading

No, Anti-Kavanaugh Obsessives, Attending A Holiday Party Does Not Constitute “An Appearance Of Impropriety” [Corrected]

Ooooh, scary! Politico reported that Justice Brett Kavanaugh attended a private holiday party last week at the home of Matt Schlapp, chairman of the Conservative Political Action Coalition (CPAC). Attendees included Stephen Miller, whose group America First Legal Foundation, it reported, “has interests in cases now pending before the court.”

Bloomberg Law seems to think social engagements over the holidays aree suspicious actions triggering “the appearance of impropriety” prohibitions all judges are told to avoid. They are not. The problem is that now there is a glut of committed ideologues determined to intimidate, neutralize and delegitimatize the Supreme Court, and to those biased critics, virtually anything a conservative justice does appears improper. In Kavanaugh’s case, unsubstantiated juvenile conduct while in high school was cited as sufficiently improper to overshadow his impeccable record as an adult judge.

Attending a party with people who “live, eat, and breathe conservative political action” is either reflective of a level of insensitivity to that development or indifference to it, says Charles Geyh, an Indiana University Maurer School of law professor. “This is the worst possible time for this,” he said. “That development” is the Court being unjustly and disingenuously attacked for legitimate and legally justifiable decisions that the Left hates. The prohibition against “the appearance of impropriety” means conduct that could be reasonably and objectively seen as improper, not conduct that partisan fanatics find convenient to call improper. Professionals like lawyers, politicians and judges should be capable of interacting socially with those they may disagree with, and there should be no adverse inferences from accepting a private party invitation. As the late Justice Scalia insisted, even Supreme Court Justices are entitled to a social life. If the job requires living like a cloistered monk, no one will want the job.

Continue reading

Oregon’s Governor Spares 17 Murderers Who Deserve To Die

It is clear the the 2022 Ethics Alarms Award for the Most Incompetent Elected Official of the Year is going to come down to the wire. Oregon Governor Kate Brown, already a strong contender (as she was in 2021 and 2020), just delivered a pure grandstanding exhibition that insulted multiple juries, undermined the rule of law, and in effect lowered the penalty for vicious murder to that of far less heinous crimes.

Her decision to commute the death sentences of 17 convicted killers who have forfeited the right to live in civilized society is legal, and the power she has to make it is necessary. There has to be some safety valve for the justice system, which is bound to fail as all systems do, and making the executive the final arbiter of extreme and unusual cases is the best of several flawed options. However, many governors abuse this power, and, like Brown, use it to pander to a political base. Here, from Oregon Live, is the list of the seventeen men on Death Row that Brown feels deserve to continue to live at taxpayers’ expense: Continue reading

When Officials And Institutions Unethically Engage In Ideological Bullying

The news  was that former college soccer player Kiersten Hening could proceed in her First Amendment lawsuit against Virginia Tech soccer coach Charles “Chugger” Adair. [Full disclosure: I have a reflexive bias against anyone who sports the nickname “Chugger.”] She alleges that he benched her after subjecting her to a vicious dressing down in front of the team, for her refusal to support the Black Lives Matter-dictated kneeling gesture supported by him and most of her teammates in 2020. Hening and two teammates declined to kneel during the Atlantic Coast Conference’s Unity Statement, which was read on stadium loudspeakers prior to the season opener against the University of Virginia in September 2020. 

The court ruled that the lawsuit’s claims are worthy of being decided by a jury, declining a motion for summary judgment filed by the coach. Continue reading

More Twitter Revelations…Crickets Or Denials From The Complicit Mainstream Media And The Left’s Censorship Beneficiaries

Keep it up, guys. With every effort to deny that what happened was what happened, the corrupted U.S. journalists and their employers erode public trust in their profession further, and with it their power. Eventually, there will be a breaking point and an ugly reckoning. Good. They have been asking for it. Yeah, keep up the gaslighting and denial. The fools really think they can bury the story. Even at Memeorandum, which is usually an objective news aggregator, the tweeted revelations by Bari Weiss and Matt Taibbi are invisible. (Top story as I write this: a soccer reporter has died.) Very disappointing: I thought they were better than this. Still, the site’s bias is worth knowing about. I will not trust it as I have in the past.

Here’s a smoking gun: look at the transcript of an NPR interview with Newt Gingrich. Newt is unethical slime, but he’s very intelligent unethical slime, and when his personal agendas don’t interfere with his analysis, he is worth listening to. (I learned more in a private two hour seminar with young Newt when he was a Congressman than I learned in many full Government courses at Harvard.) Pay special attention to the NPR interviewer’s refusal to deal with reality that implicates NPR:

Continue reading