Explain The Reasoning Process Of This School System, Please…

Hate speech. Sorry. The lesson has to be "Some states fought the Union over something or other, waiving a flag that we can't show you because it's dangerous." Quiz tomorrow.

Hate speech. Sorry. The lesson has to be “Some states fought the Union over something or other, waiving a flag that we can’t show you because it’s dangerous.” Quiz tomorrow.

President Trump’s nominee for Secretary of Education is facing the closest Senate vote on any cabinet member ever, in part because two Republican Senators (what the Democrats say doesn’t matter, since they have decided not to cooperate in the governing process) question whether Betsy DeVos “understands the public schools.” In her defense, I don’t see how anyone could understand public schools, especially when they behave like this one…

In Folsom, California, the family of an African American 8th grader  filed a complaint against  Sutter Middle School history teacher Woody Hart.  Tyrie McIntyre’s son had asked Hart for a definition of equality during a discussion of the U.S. Constitution. The teacher  allegedly told his eighth-grade class, “When you hang one black person, you have to hang them all.  That is equality.” At least that is what Tyler McIntyre, 13, thought Hart said. Tyler, one of only a handful of black students in the class and school, felt embarrassed.

Hart, 70, didn’t deny his student’s account, but explained in an interview that he made the comparison because he was trying to make the discussion “interesting” and “express something that would catch students’ attention.”

“Here’s what I said: ‘If you hang black people in the South, that means that you hang any black person who comes from outside the state. ”

Hart also said that he has spent much of the year teaching his students about racial equality. If that’s the clarity, logic and accuracy with which he taught it, a remedial course, indeed several, may be required.

After the complaint, Principal Keri Phillips interviewed six students chosen at random, all of whom heard Hart give “hanging all blacks” as an example of how states treated individuals under the Constitution. She said that Hart has been told to henceforward  use examples “at a level that eighth graders can understand,” avoid stereotypes or culturally insensitive language, and must rely on “very simple analogies that do not focus on the controversy” during lessons involving challenging material.

McIntyre said that this doesn’t address his concerns. “My issue wasn’t the context,” he said. “It was the content. There was no way to justify the statement that he made.”

That’s exactly right, because the statement that “If you hang black people in the South, that means that you hang any black person who comes from outside the state” isn’t insensitive or “too complex” for an 8th grader.  It’s stone-cold stupid, bad logic, bad history, and bad teaching. An example that is “at a level that an 8th grader can’t understand”? I’m worried about anyone who thinks he does understand Hart’s example. That the teacher thinks it makes sense tells me that it is an unacceptable risk to allow Hart to teach any subject to anyone.

Nonetheless, Woody Hart was allowed to keep teaching, because public schools. Ah, but last month, he really crossed the line, or whatever it is that causes schools to ding teachers. Teaching the students about the Civil Way, Hart showed them…

A CONFEDERATE FLAG!!!

Continue reading

“Singin’ In The Rain” Ethics: The Strange Saga of “Make Em’ Laugh”

Last month Turner Movie Classics arranged for MGM’s classic musical “Singin’ in the Rain” to be shown on big screens in selected theaters around the country.  At the theater where I saw the film again with my wife and some friends, the place was packed with a multi-generational crowd including many children seeing Gene Kelly-Donald O’Connor-Debbie Reynolds (and Jean Hagan…mustn’t leave out “Lina Lamont”!) romp for the first time. Of course, they loved it; I’m worried about anyone who can see the film and not love it.

The timing of TCM’s limited revival was felicitous in two ways. One was that  it occurred just after the death of Debbie Reynolds, and provided a lovely way to salute her memory. Another was that “La La Land” was surging in buzz and box office around the country, culminating in last week’s 14 Oscar nominations. There are several visual references to “Singin’ in the Rain” in the film; ironically, enjoying “LaLa Land” may rely on unfamiliarity with its 65-year-old predecessor, because calling what the stars in “La La Land” do “dancing” seems unduly generous compared to the performances of Gene, Donald and Debbie.

Seeing the film reminded me, however, of the strange ethics breach behind one of the movie’s most famous numbers. Donald O’Connor’s solo “Make ‘Em Laugh” is the high point of the movie for me, and I am not alone. It finished at #49 in AFI’s 100 Years…100 Songs survey of top tunes in American cinema, but that doesn’t do it justice: this is not just a great musical number, it is one of the greatest four minutes of physical comedy ever put on screen, featuring dozens of jumps, pratfalls, and as its grand finale, O’Connor running up two walls and flipping backwards to the ground. (He checked into a hospital for several days as soon as filming  the routine was over). The problem is that “Make ‘Em Laugh” was plagiarized, and everyone knew it. Continue reading

From The Sally Yates Misinformation Files: Senator Diane Feinstein, Ethics Dunce And Incompetent Elected Official Of the Month

Biased, hypocritical and ignorant is no way to go through life, Senator...

Biased, hypocritical and ignorant is no way to go through life, Senator…

Adding to the ignorance and misinformation drowning ethics comprehension regarding the Sally Yates affair, Sen. Feinstein used her questioning of Attorney General designate Jeff Sessions this morning to misrepresent the ethical duty of that office. (I don’t have a link yet, since I just watched it on C-Span.)

First, Democratic Senator Feinstein set some kind of modern political record for gall by asking Sessions for assurances that he would objectively and independently represent the justice system and the people, and not be a “political arm of the White House.” A political arm of the White House (and the Democratic Party) is exactly what Eric Holder’s and Loretta Lynch’s Justice Department were, and the Senator knows it and never raised her voice in opposition to it for eight years! The question is a fair one, but she is estopped from asking it. Indeed, for any Democratic Senator to ask that question is tantamount to deceit, suggesting that the previous Justice Department met the standard Feinstein is demanding that Sessions acknowledge.

This is the unethical double standard mindset that Democrats have been displaying since November 8.

Following that master class in hypocrisy, Feinstein lauded the justly fired Sally Yates for embodying that ideal. Feinstein is ignorant of what lawyers do and the ethical principles their profession obligates them to follow, apparently. Continue reading

More On The Unethical Sally Yates: Her Conflict Of Interest Deception

...and you shouldn't have accepted the job, either.

…and you shouldn’t have accepted the job, either.

Here is another ethics aspect of the disgraceful Sally Yates episode that the complicit news media isn’t covering: it was unethical for her to accept the job of acting Attorney General in the first place.

She had an apparent conflict of interest when she was offered the job. This is indisputable; it’s just being ignored by fawning partisans. Here is the applicable ethics rule of Yates’ bar and jurisdiction:

Rule 1.7–Conflict of Interest: General Rule

(a) A lawyer shall not advance two or more adverse positions in the same matter.

(b) Except as permitted by paragraph (c) below, a lawyer shall not represent a client with respect to a matter if:

(1) That matter involves a specific party or parties and a position to be taken by that client in that matter is adverse to a position taken or to be taken by another client in the same matter even though that client is unrepresented or represented by a different lawyer;

(2) Such representation will be or is likely to be adversely affected by representation of another client;

(3) Representation of another client will be or is likely to be adversely affected by such representation;

(4) The lawyer’s professional judgment on behalf of the client will be or reasonably may be adversely affected by the lawyer’s responsibilities to or interests in a third party or the lawyer’s own financial, business, property, or personal interests.

(c) A lawyer may represent a client with respect to a matter in the circumstances described in paragraph (b) above if

(1) Each potentially affected client provides informed consent to such representation after full disclosure of the existence and nature of the possible conflict and the possible adverse consequences of such representation; and

(2) The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client.

(d) If a conflict not reasonably foreseeable at the outset of representation arises under paragraph (b)(1) after the representation commences, and is not waived under paragraph (c), a lawyer need not withdraw from any representation unless the conflict also arises under paragraphs (b)(2), (b)(3), or (b)(4). Continue reading

Sally Yates Is Not A Hero. Sally Yates Is An Unethical Lawyer, And “Betrayal” Is Not Too Strong A Word For Her Conduct

yates

When you read pundits, journalists, your Angry Left Facebook  friends and even a few misguided lawyer proclaiming Sally Yates a hero, trust me, they either don’t know what they are talking about, or they are have allowed bias to make them stupid.  The Justice Department’s acting Attorney General who was fired minutes ago for refusing to defend President Trump’s Executive Order regarding Middle East immigration was not acting heroically. She was acting as a partisan, political operative, and by doing so, breached her duties an attorney as well as the District of Columbia Rules of Professional Conduct.

And I do know what I am talking about.

Yates was a holdover from the Obama administration, but to an ethical lawyer, that wouldn’t have mattered. Her client hadn’t changed; it is the United States of America. Neither had her professional obligations. Her client was still the government of the United States, and she was still duty bound to defend its laws, as determined by the legislature and the executive, the President of the United States. Under the Rules of Professional Conduct of the jurisdiction in which she practices, the District of Columbia (the Rule is 1.13) Yates had but one ethical option if she determined that her client wanted to engage in conduct she deemed illegal, repugnant, or unwise. Having made her concerns known, she could resign (Rule 1.16) , and quietly. She is duty bound not to harm her client during the representation (Rule 1.3, of which the District has an especially tough version), nor make public statements, or statements she has reason to believe will be made public, that breach her duty of loyalty. In defiance of all of that, tonight Yates stated, in a letter to her department’s lawyers,

“At present, I am not convinced that the defense of the executive order is consistent with these responsibilities, nor am I convinced that the executive order is lawful.”

The only ethical conclusion of that statement is “therefore I am withdrawing.” Yates said that her decision not to defend the order included questions not only about the order’s lawfulness, but also whether it was a “wise or just” policy. That’s not her job. Lawyers are not permitted to substitute their judgement for their clients.

She was fired, and should have been. She should also be the subject of am ethics inquiry. This has nothing to do with the merits of Trump’s order. Former Harvard professor (and legal ethics prof) Alan Dershowitz, hardly a GOP flack, said tonight that Yates’ decision wasn’t legal, but political. Exactly. As a lawyer, she should have made her position clear from a legal perspective to the President, and then either followed his directive or quit. Her rogue announcement contradicted a finding by the Justice Department’s Office of Legal Counsel, which  approved the executive order “with respect to form and legality.” Nor did her outrageous grandstanding require courage. She was not going to keep her job anyway, so she decided to abuse the trust of the President to encourage partisan Trump-haters to hoot and applaud for an act of legal ethics defiance. (Ethics rules don’t apply when Donald Trump is involved, haven’t you heard?)

Yates is also a hypocrite. The Holder Justice Department, of which she was a part, defended multiple Executive Orders by President Obama that were legally dubious, and other actions as well. That Justice Department was one of the most disgracefully partisan within memory, a neat trick, since we have had a couple of decades of unethically partisan Justice Departments. Yates showed her pedigree tonight. She used her position as an attorney–the highest one there is—for her client, the United States, to undermine her client’s objectives, publicly and to her client’s detriment. The Trump administration has called this a betrayal.

That’s exactly what it is.

(More here..)

From The “When Ethics Fail, The Law Takes Over” Files: The Dumb Teacher, The Fragile Student, And The Bucket

A toilet at Patrick Henry High....

A toilet at Patrick Henry High….

Yyyyyyup! The American public school system continues to impress. As they used to say, “Get a load of this!

In 2012 Gonja Wolf was an art teacher at Patrick Henry High School in the San Diego Unified School District. She was monitoring a 25-minute study hall. Administrators at the school had told teachers that frequent bathroom breaks for students would undermine the study hall’s purpose, which was uninterrupted study. They also told teachers to use their common sense. Unfortunately, Ms. Wolf had no common sense.

When a young woman in the class, a freshman, asked to go to the restroom, Wolf ordered her to urinate in a bucket in an adjacent supply room rather than use the bathroom during class.  The bucket was there because Wolf, a think-ahead type of person, purchased the bucket, she said, to serve as a toilet in case of a security lockdown, and had even used the bucket for emergency peeing herself. (I should have put this story in the “I Can’t Believe I’m Writing This” file.) She said she misunderstood the school’s instructions about bathroom breaks, but thought it was a good idea. To have students pee in a bucket. She actually said this under oath.

Yes, sadly, Gonja Wolf is an idiot. Continue reading

Ethics Quote Of The Month: NBC’s “Meet The Press” Host Chuck Todd

 

“Where I think political correctness got in the way of what we all knew as reporters and didn’t fully deliver was how hated the Clintons were in the heartland. And I think it was a fear of, ‘Oh, is it going to look like it’s sexist, anti-woman if we say that?’… I think we underplayed it a little bit out of political correctness fears… No member of the press corps wants to look like they’re singling out a group and making a group feel bad…. If we sort of were straight-up honest and blunt about hey do we understand the level of hatred that’s out there and you know, all the Hillary for Prison signs that are out there, we certainly would have at least made the viewer know, hey, you know, she’s not well-liked in some places in this country in ways that’s times 10 when it comes to Trump…. What do I think we did wrong in this election? The biggest thing is we didn’t tell the stories of all Americans. We told the stories of coastal Americans. And ultimately, that’s like the larger trust issue. We were more likely to do a story about the Dreamer that might get deported with new policies than we were about the 19-year-old opioid addict who feels hopeless in Rolla, Missouri. And, I’m not, I don’t pick on Rolla, Missouri, it’s, my point is that we just, we did not equally tell those stories very well, right, and, we were not, that is an out-of-touch issue.”

“Meet the Press” host Chuck Todd last week being interviewed by former Bush White House press secretary Ari Fleischer in his “1947” podcast.

chuck-todd1. I suspect this quote, from a podcast I had never heard of before, may end up being quite famous. It should be.”Meet the Press,” by pedigree and habit if no longer on merit, is the flagship of theoretically tough, objective broadcast journalism. Its host, right here, in this quote, admits that he, his colleagues and industry, “we,” were and are biased and partisan. Equally remarkable, he didn’t seem to understand the significance of what he was saying.

This isn’t an ethical quote, for in its phrasing and the unethical mindset it reveals, it is quite horrifying. It’s an ethics quote, because it reveals something important and useful about ethics, specifically the wretched ethics and complete lack of trustworthiness that now infects most of American journalism. One should not be able to read Todd’s comments and express disapproval of the Trump administration’s hostility to the press. The news media deserves hostility.  Its conduct has forfeited the right to be believed or respected. If it could be believed or trusted, Chuck Todd wouldn’t have said this.

2. In this statement, Todd’s candor provides a smoking gun example of one of Ethics Alarms’ mantras, “Bias makes you stupid.”

3. Todd’s equivocations, euphemisms and minimizing verbiage are as provocative as they are infuriating. “Didn’t fully deliver… underplayed it a little bit …If we sort of were straight-up honest…. we certainly would have at least made the viewer know….we did not equally tell those stories very well. Todd is admitting bias and deliberate misreporting, but using Hillary Clinton’s “it wasn’t the best choice” rhetoric (Rationalization 19A, The Insidious Confession) to imply only that it was kind of, sort of, not exactly the best thing to do in retrospect. The weasel-words are as damning as what Todd is admitting to.

4. The context of Todd’s navel-gazing and that of many of his colleagues is “What did we do wrong that helped elect Donald Trump?” and not, as it should be, “How was our journalism unethical and how can we be more ethical going forward?” We already know, or should know, why Todd and his colleagues’ work was unethical: they were 100% committed to defeating Donald Trump, and just as committed to shaping the narrative of the campaign according to how the Democratic Party and Hillary Clinton wanted it shaped: Hillary’s election was inevitable. Continue reading

From The “How Often Can Something Like This Happen In An Ethical Profession?” Files: The Art Teacher’s Meltdown

I know a lot of teachers get angry with me for my increasing certitude that they are in an unethical profession with some ethical members (like them), rather than an ethical profession with isolated unethical exceptions. This incident supports my critical views. Unless mental illness is involved, an adult doesn’t belong to a profession with well-defined standards and ethics rules and act like this.

At W.H. Adamson High School in Dallas, Texas, art students were treated to an epic meltdown by their teacher, Payal Modi, who screamed “Die!” and shot President Trump’s image on the screen with a water gun as students watched his inauguration on TV.  A student caught this on video, and Modi, who was proud of the planned display, posted it to her Instagram account.

This is more political indoctrination the classroom, which educators not today only tolerate but nurture. A teacher modelling violence toward any individual, but especially the President of The United States, in front of students, is such a stunning breach of professional ethics that no teacher should  have the idea even flicker across her mind. Payal Modi planned it.  A teacher who behaves like this cannot be trusted with students. A teacher like Modi calls into question everyone and every institution connected with her.

Adamson High School assistant principal Bobby Nevels confirmed that Modi shot the squirt gun at the TV, during class and in front of students. It is six days later. Why does she have a job? Why has the school not made a public apology? Why hasn’t the teachers’ union condemned her actions?

In eight years, no teacher did anything displaying close to this level of hostility and disrespect to President Obama. What do you think the reaction would have been by a school district if one had? Would the official position be, as Nevels’ was, “The district will not comment on personnel issues.” How about reassuring parents and the public that the district recognizes that this isn’t just a personnel issue, but an incident that calls into question the integrity of the education system and the  teaching profession? Modi is the product of an unethical culture that is rotting public education from within.

Is there a specific Teachers Code of Conduct provision, enforced and universal, that would guide a teacher not to do something this outrageous? The NEA has a Code, but there is no enforcement mechanism. There is also no prohibition against demonstrating hostility and disrespect toward public figures, or engaging in violent displays in class. Here are the provisions relevant to Modi’s meltdown: Continue reading

Ethics Dunce: Secret Service Agent Kerry O’Grady

Here is a Facebook post by O’Grady, the special agent in charge of the Secret Service’s Denver district, who oversees coordination with Washington-based advance teams for all Presidential trips to the area:

facebook-secret-service

 

This was in October, and was seen by her Facebook followers including current and former Secret Service agents. In addition to being a declaration of disloyalty, the social media post is  a Hatch Act violation, which among other things prohibits a federal employee from “posting a comment to a blog or a social media site that advocates for or against a partisan political party, candidate for partisan political office,or partisan political group,” and also from using  social media to “distribute, send or forward content that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group.”

Never mind that, though. Continue reading

Fake Legal Résumé Ethics

fake-resume-usaWhat the legal profession will regard as conduct that calls into question a lawyer’s honesty sufficiently to disbar him is a mysterious and unpredictable area. Remember, John Edwards never received as much as a rap on the wrists for his exorbitant lying to hide the fact that he had a mistress and a love child while he was running for President in 2008. Now the Michigan Attorney Discipline Board has been affirmed in its decision to disbar lawyer Ali Zaidi for having false credentials and representations on his professional resumé.

I would expect that to send chills down many a lawyer’s spine, since professional resumés of lawyers and non-lawyers alike are so frequently loaded with puffery that it is almost an “everybody does it” ethical breach. (This is my favorite, the long-time lie of Clinton crony Bill Richardson.) Fortunately for most of them, the Rules of Professional Conduct involving honesty are narrowly interpreted to exclude all but violations of law, breaking official pledges, defaulting on loans and lying under oath, unless they involve the actual practice of law. (Lying to a judge, to a client or in a brief is career suicide.) Does a resumé fudge qualify as the unethical practice of law? Not usually: Ziadi’s must have been something special.

It was. Continue reading