Professions

Ethics Dunce: Columbia, South Carolina Police Chief Ruben Santiago

/ Jack Marshall / 9 Comments
The face of police power abuse in Columbia, S.C.

The face of police power abuse in Columbia, S.C.

If our culture did a minimally competent job communicating the essential right of free speech in the United States, people like Ruben Santiago wouldn’t think as the do—as they do being best described as ignorantly, censoriously, arrogantly and stupidly. Both the Left and the Right are to blame for the message not getting out to the public, and, consequently, members of the public who acquire governmental authority: the government can’t threaten you or harm you for mere speech…the Left through its attempts at political correctness, mind control and indoctrination in the schools, the Right in its efforts to use laws to curb expression involving sex and violence in the arts and entertainment.

In Columbia,Police Chief Ruben Santiago took to the Columbia Police Department Facebook page to announce that his officers had seized  $40,000 in marijuana from an apartment after a successful drug investigation. Citizen Brandon Whitmer, on his own page, took note of the arrest and opined, “maybe (police) should arrest the people shooting people in 5 points instead of worrying about a stoner that’s not bothering anyone. It’ll be legal here one day anyway.” Santiago replied ominously to Whitmer, saying, “(W)e have arrested all of the violent offenders in Five points. Thank you for sharing your views and giving us reasonable suspicion to believe you might be a criminal, we will work on finding you.”

Somebody  in the department with a working knowledge of the Constitution quickly got that post deleted, but Santiago defended it in a double-down post, writing, Continue reading →

Incompetent Elected Official Of The Month: Storey County,Nevada Assemblyman Jim Wheeler (R)

/ Jack Marshall / 30 Comments
Note to Assemblyman Wheeler: you were not elected "genie." Or "mindless idiot." Or...never mind, you wouldn't understand anyway.

Note to Assemblyman Wheeler: you were not elected “genie.” Or “mindless idiot.” Or…never mind, you wouldn’t understand anyway.

The word “idiot” is widely and correctly regarded as uncivil on the web, but sometimes its is simply descriptive, as in the sentence  “Assemblyman Jim Wheeler is an idiot.”

Before a local Republican gathering, Wheeler told of an email inquiry he had received asking if he would vote to reestablish  slavery if his constituents supported it. He said he replied in the affirmative.

“Thank you, Assemblyman! We’ll have your resignation now, thanks!  Please commence your new career as a bait shop proprietor.”

Naturally, after Republicans, Democrats, the governor and the media unanimously condemned his statement, Wheeler protested that his comment had been “taken out of context,” and he was only making the point that he was elected to represent his constituents. …thus again making the point that he still doesn’t comprehend representative government. Continue reading →

Ethics Hero: Umpire Jim Joyce…Again

/ Jack Marshall / 7 Comments

Obstruction play

Last night, a close and exciting Game #3 of the baseball’s World Series ended in the most unsatisfying manner possible, especially for Boston Red Sox fans. The winning run in the bottom of the ninth inning scored because of an obstruction call at third base, made by umpire Jim Joyce, giving the victory in a tense battle to the St. Louis Cardinals. Although fans saw baserunner Allen Craig tagged out at home for the final out of the frame, sending the game into extra-innings, or so they thought, Boston third baseman Will Middlebrooks was ruled to have obstructed Craig from getting up and scoring from third on an errant throw, though both runner and fielder were caught in a tangle after a collision at third due to no fault of their own. The relevant rule says that if in the umpire’s judgement a fielder, regardless of fault or intent, impedes a runner trying to reach the next base, and that the umpire also concludes that the runner would have reached the base safely without the fielder’s impediment, then the runner will be awarded the base. This meant that Craig was awarded home plate, his team was awarded the winning run, and the game was over.

The obstruction was clear and undeniable, but in many sports, such a technical call would never be permitted to decide a crucial or championship game, and even in baseball, there are umpires who might not have the courage to make such an unpopular call. Rules, however, are rules, and a sport that suspends or alters its rules for entertainment value lacks integrity.

Baseball was fortunate to have an umpire at third base who has proved his integrity before, veteran Jim Joyce. Millions of Boston fans hate him ( though not quite as much as they hated umpire Larry Burnett, whose failure to make an interference call in Boston’s favor cost the Red Sox Game #3 of the 1975 Series) this morning, but the game they care about so passionately, in my view, has never looked better.

_____________________

Pointer: Craig Calcaterra

Facts: NBC Sports

 

Ethics Quiz: “How You Gonna Keep Her Teaching The Class After It’s Seen Paree?”

/ Jack Marshall / 19 Comments

horrified students

…..or “It May Not Be The Naked Teacher Principle, But It May Still Be A Problem.”

In the wake of the most recent post here about the Naked Teacher Principle, Ethics Alarms received many inquiries from readers who cited the news item about the hapless teaching assistant at the University of Iowa who somehow managed to send her class not merely sexually provocative photos of herself, not merely nude photos of herself, but something much more kinky. Attached to a message that read “Hi Class, I attach the solutions for number 76 and 78 in this email” were a series of images showing the young woman sans clothes and sans inhibitions having a lively cyber-sexting chat with a partner in which the two were pleasuring themselves in front of video equipment while streaming to each other.

Hmmm. That didn’t come out quite right.

Anyway, the question was: Does this conduct, which goes well beyond the conditions of the Naked Teacher Principle but which occurred at a university rather than a high school or middle school, trigger said principle, regardless of intent?

The answer is no, not regardless of intent. Continue reading →

Lessons of The Colorado “Trans Bathroom Harassment” Hoax

/ Jack Marshall / 10 Comments

“It’s a liberal world gone mad at one Colorado high school, where the rights of one transgender student have trumped the rights of other students forced to share a bathroom. The transgender student, a male who identifies himself as a female, has sexually harassed female students in the girl’s bathroom at Florence High School, Pacific Justice Institute reported.Not only have parents’ complaints gone nowhere, but the female students have also been threatened with dismissal from athletic teams and hate crimes charges if the complaints don’t stop, according to the institute, a nonprofit religious-rights organization that was alerted by concerned parents.”

 

"Jane Doe": Victim

“Jane Doe”: Victim

This was the story breathlessly reported in various forms this month by conservative media sources, including Fox News. Apparently the sole source for the claim that “a male who identifies himself as a female, has sexually harassed female students in the girl’s bathroom” is the statement that this “allegedly occurred” in a letter to the school sent by the aggressively anti-transgender, ultra-conservative advocacy group, The Pacific Justice Institute.  The PJI has prominently opposed California’s transgender bathroom law, and it seem clear that it viewed this story as a means to an end.

In a case of the conservative media playing the old game of “Telephone,” the PJI letter suggesting that such harassment may have happened was morphed into media reports that it had happened, as Fox, the Examiner, The Blaze and others adopted the story published by the online version of British tabloid, The Daily Mail, as fact. It wasn’t fact, and the Daily Mail has quietly pulled its original story. What appears to have happened is that some virulently anti-trans parents who were livid that the school permitted a boy who self-identified as female to use the female rest rooms contacted the PJI with unsubstantiated and apparently fictional claims, in order to focus hostile attention on the school. Interviewed about the incident, the school’s superintendent flatly denied that any incidents of the kind hinted at by the PJI and reported in the media actually occurred, and to this day, no evidence has been presented that they did occur, no specifics, names, quotes or facts whatsoever, just vague allegations. One student in the school provided this perspective: Continue reading →

The Unprofessional Cause Of Unprofessional Lawyer Brian Zulberti

/ Jack Marshall / 38 Comments

Brian ZYoung Brian Zulberti may be nice guy. He may even be a competent lawyer, though the chances of his being able to demonstrate that are diminishing daily. Nevertheless, his quixotic and misguided, and dare I say it, really stupid, quest to show that professionalism, judgment and character are not properly relevant to the practice of law is an exercise in hubris that must fail, deserves to fail, and of course, will fail, leaving him to pick up the pieces of fifteen minutes of media fame purchased at the price of a reputation. It looks like he’s having fun, and that’s something, I guess. Ten years from now, I doubt that he’ll think it was worth it.

Shortly after passing the Delaware Bar, Zulberti, a 2009 law school grad,  emailed the entire Bar membership asking for a job. In lieu of his résumé;  he attached a photo of himself in a Villanova Law muscle shirt that would be more at home on a dating site for the shallow. The web also contained his half-naked selfies, and various websites with varying motives picked up the story. Interviewed on YouTube, Zulberti proclaimed that being true to himself was more important to him than getting hired, and that he wasn’t about to change his Facebook privacy settings to portray himself as a traditional, dignified, applicant for legal work.

Let me pause here to say that in many ways I sympathize with Zulberti. Continue reading →

The Naked Teacher Principle Strikes In Texas: The Playboy Variation

/ Jack Marshall / 30 Comments
"Miss DEWEESE?? Ay Caramba!!!"

“Miss DEWEESE?? Ay Caramba!!!”

This version of the NTP is not especially close to the gray area of ethics, nor is the result surprising, though I expect a lot of teeth gnashing about it because the naked teacher in question will attract a lot of, uh, sympathy.

Dallas’s school district has apparently fired Cristy Nicole Deweese, 21, a Spanish teacher for the city’s Townview Magnet High School. Less than three years ago she posed in various provocative positions and states of undress for Playboy, in its February 2011 issue. That magazine is still available, but more to the point, the photos are easily available online. Naturally some students found them, and the core tenets of the Naked Teacher Principle had been triggered.

The Naked Teacher Principle states:

“A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.”

I won’t keep you in unnecessary suspense. Deweese is almost dead center in the middle of the NTP. Continue reading →

Psychic Found Guilty Of Fraud: Did She Know This Would Happen?

/ Jack Marshall / 19 Comments

gypsy-fortune-teller2Now that the required joke is out of the way, I can more soberly state that the New York conviction of psychic Sylvia Mitchell for larceny and fraud opens up a welter of ethical, legal and religious issues. Law prof-blogger Ann Althouse is troubled by the result, writing,

“In my book, this is entertainment and unconventional psychological therapy. Let the buyer beware. Who’s dumb enough to actually believe this? Should the government endeavor to protect everyone who succumbs to the temptation to blow a few bucks on a fortune teller?”

Clearly not, and that’s where courts and states generally land in this matter, as in the case I wrote on three years ago, Nefredo v. Montgomery County. There the courts ruled (in Maryland) that it was an infringement of free speech for Maryland to ban what is, for most, just an exercise in supernatural entertainment. But the New York case involved a little bit more than that: Mitchell apparently bilked some clients out of significant amounts, getting $27,000 from one in an “exercise in letting go of money,”  $18,000 from another to put in a jar as a way to relieve herself of “negative energy,” and thousands from other clients to purchase “supplies” for various rituals—what does the eye of a newt go for these days?

Admittedly this seems to cross the line from harmless, if stupid, entertainment into preying on the stupid and gullible, but that doesn’t convince Althouse that the conviction, or the prosecution is a legitimate use of government power. She reminds us about the Supreme Court case of U.S. v. Ballard, in which the Court upheld the conviction of a faith healer for fraud. The SCOTUS majority, headed by William O. Douglas, held that if the faith healer didn’t believe in her claimed powers, then she was a fraud, and thus could be prosecuted under the Constitution if she used a claim of false powers to take money from her clients. In a sharp and thought-provoking dissent, Justice Robert Jackson wrote in part… Continue reading →

The Associated Press And The Scandal That Wasn’t

/ Jack Marshall / 11 Comments
It was tough giving my dog the bad news that the AP had screwed up...

It was tough giving my dog the bad news that the AP had screwed up…

Over the local evening news came a stunning report: Terry McAuliffe the Democratic candidate for Governor of Virginia, where I vote and make my home, had been accused in federal documents of lying to investigators checking the facts behind a Rhode Island death benefits scheme. Confirmation bias being what it is, I had no trouble giving the report full credence ( I long ago concluded that McAuliffe is sleazy and will lie whenever there is a perceived up-side for him, though I never thought he was stupid), and informed my dog, Rugby, for whom I am organizing a write-in campaign, that his chances of being Governor were looking up. Then, less than two hours later, I was preparing to write about this latest development in the most ethics-free governor’s race in the country, and checked online for more details. I discovered only this:

RICHMOND, Va. (AP) — The Associated Press has withdrawn its story about documents in a federal fraud case alleging that Virginia Democratic gubernatorial nominee Terry McAuliffe lied to a federal official investigating a death benefits scheme. The indictment did not identify McAuliffe as the “T.M.” who allegedly lied to investigators.

Wait…how could this happen? How could the Associated Press, the nation’s premiere news agency, essentially accuse a candidate for high office in a highly contested election of a felony less than a month before votes are cast, just in time for the story to be the lead story all over the state in question, and then withdraw it shortly thereafter? Don’t tell me about “mistakes”: the AP and the profession of journalism have standards and procedures of long-standing that, if followed diligently, ensure that this never happens. Facts must be checked and confirmed by reliable sources. Supposition must not be stated as truth. Here is the AP’s distillation of its ethical framework: Continue reading →

Down The Rabbit Hole Again With Hank

/ Jack Marshall / 18 Comments
Forgive Hank, sir....he only watches TV, and besides, he's a twit.

Forgive Hank, sir….he only watches TV, and besides, he’s a twit.

Another day, another annoying Washington Post TV review from Hank Stuever. When I last checked in on Hank as he was practicing his craft, he was ridiculing the concept of young parents committing to the care of an unplanned baby without considering abortion. Today, he’s just trying to make his readers as ignorant as he is.

I suppose there no requirement that a TV critic be conversant in literature…but there should be. All drama and entertainment is constrcted on the foundation of the stories and traditions that came before them, and while one can critique popular culture while being ignorant of everything between Beowulf and All in the Family, one cannot do so competently or professionally, both of which, as the TV critic for a major newspaper, Stuever is obigated to do. This is especially true when he presumes to critique a new TV show based on literature, however lightly, as  ABC’s new “Once Upon a Time in Wonderland” is.

Right off the bat, Hank lets us know that he knows diddly about Lewis Carroll’s strange and wonderful classic, getting “Alice in Wonderland” confused with its (equally brilliant) sequel “Through the Looking Glass.”  Hank speaks of “Lewis Carroll’s 1865 story of Alice, the girl who stepped through the Looking Glass and saw all those freaky things — rabbits, Mad Hatters, worms, Cheshire cats, etc.”  But Alice never saw any of those things when she stepped through the looking-glass, for that is a different book. “Rabbits, Mad Hatters, worms, Cheshire cats, etc.” were encountered by Alice when she fell down the rabbit hole, one the few things the Disney animated version got right. (By “worms” I’m guessing Hank ie referencing the hookah-smoking caterpillar, which is not a worm. Does Stuever know? Is he just showing contempt for the book and its characters? As Hank would undoubtedly say, “Whatever.”) Continue reading →