Comment Of The Day: “From The ‘Appeal to Authority’ Files: Why Should We Care What John Paul Stevens Thinks Now?”

Enough abortion for one day: let’s  have a Comment of the Day on another unending Supreme Court controversy, the Second Amendment. Here is Jutgory’s passionate response to the post, “From The “Appeal to Authority” Files: Why Should We Care What John Paul Stevens Thinks Now?”:

So many pet peeves all wrapped into one post:

“Bloviating about Columbia v. Heller, the 2008 decision holding that the Second Amendment created an individual right to bear arms”

NO! The Bill of Rights created no rights. It identified rights upon which the government could not infringe. This is as old as the Constitution. The Federalists said, we don’t need no Bill of Rights because powers not given to the government could not be exercised (naive and idealistic. The Anti-Federalists insisted but wanted it to be clear that the enumeration of the Bill of Rights was not exhaustive of the rights we had.

Sadly, they were both wrong: we needed the Bill of Rights because government seizes power when it can, and, not only do we look at the Bill of Rights as creating rights, we look at it as delimiting the rights we have.

You are spot on about rights not being subject to need. I know many people who don’t need freedom of speech and have hardly exercised that right in a constructive way, but they have it nonetheless.

On the argument that the Second Amendment is limited to militias. First off, see the above argument about rights. Continue reading

Saturday Ethics Notables. 5/18/2019: More Social Media Partisan Censorship, A-Rod’s Potty And Ian’s Potty Mouth…

Why, I asked, on such a beautiful May day, am I inside writing about ethics? And my wife turned into Hymen Roth…

1. PLEASE stop making me defend Alex Rodriguez, who is one of my least favorite human beings, never mind former athletes, on the planet, and yet…this is a strict Golden Rule issue. The ex-Yankees (also Texas and Seattle) slugger  was photographed sitting on his toilet in his luxury apartment’s bathroom. The shot was apparently taken by a rogue photographer in a high rise office building next to the apartment building where A-Rod shares a  $17.5 million apartment with Jennifer Lopez, whose movies are now beneath those of Adam Sandler and Tom Arnold on my playlist.

Legal precedent in New York suggests than  Rodriquez has no case, because in 2015, an appeals court ruled that a gallery show of images snapped through less famous New Yorkers’ windows by an “artist” was not a privacy violation. (I wrote about that photographer here; perhaps the title gives you a sense of where I came out on my analysis: “Why Photographer Arne Svensen Is An Unethical Creep”]

Fine, I see the legal point. If you don’t want people taking photos of you, then keep your window blinds down. However,just because you can do something crappy to another human being doesn’t make it right.

Even if it’s a crappy human being. Continue reading

Quick Facebook Ban Update…

Facebook continues to reject any links to Ethics Alarms posts, although one occasionally and randomly slips through apparently. I have never received any explanation for this, though some posts do get the “community standards” excuse. If Ethics Alarms violates “community standards,” it is only because the blog refuses to enable knee-jerk “resistance” plots and narratives, or engage in the Left’s mass denial that the mainstream media has become a propaganda organ and cannot be trusted.

Efforts to contact Facebook and acquire any information or response have been futile. The consequences of this action by Facebook are tangible. Posts before this action would be routinely shared on Facebook between 20 and thousands of times. It has hurt blog traffic, and conceivably my business, ProEthics, which benefits from my visibility.

Today I was made aware of the Trump Administration’s Tech Bias Sharing Tool, which is collecting accounts of censorship and other content-based abuse by social media and the large tech companies. I just posted the whole story, as only I can.

Let’s see if anything happens.

Morning Ethics Warm-Up, 5/17/2019: Georgia On Various Minds, Carson’s Deficiencies, Harris’s Pandering

Good morning, Ethics Lovers!

The solo performer is the immortal Doodles Weaver, Sigourney’s uncle.

1.  This is indefensible, and—I hate to keep using this word, but don’t blame me, blame prevailing political winds—totalitarian. Carl Malamud believes that there should be open access to government records, and he has a group that has been  putting them online for years. When his group  posted the Official Code of Georgia Annotated, however, the state sued for copyright infringement claiming that giving the public access to the state’s laws and related legal materials without the state’s authorization is the “strategy of terrorism.”

No, having laws that the public has no way to see or understand without paying for them is the strategy of dictators. A federal appeals court has ruled against the state, and now Georgia wants the Supreme Court to step in. So does Public.Resource.Org, Malamud’s group, which also wants SCOTUS to resolve the issue,  since the question of who owns the law is  current in  20 other states that have copyrighted their  annotated codes. The issue is whether citizens can have access to “the raw materials of our democracy.”

I think Georgia is going to lose and lose ugly, though I have given up prediction 9-0 Supreme Court rulings. That’s what this one should be, though.

2. More on “the best people” front. One awful aspect of the Trump Administration that cannot be defended is the President’s irresponsible appointments, which are too numerous to list. In the case of Dr. Ben Carson, whom Ethics Alarms assessed as some kind of idiot savant based on his embarrassing performance in the debates, we knew, or should have known, that Trump appointing him Secretary of HUD was a guaranteed fiasco in the making. Continue reading

Ethics Alarms Flashback Post Of The Week: “Ethics Quiz: The Sensitive Cop’s Facebook Confession”

[A  while ago I wrote that I might periodically re-post one of the more than 2000 Ethics Alarms essays that have appeared here since 2009. The criteria? Let’s see:

  • A post that I have completely forgotten about, and don’t remember even after I’ve read it again.
  • A post that may be interesting to consider in light of subsequent developments since it was written (in this case,  social media posts triggering workplace discipline, and police-community relations)
  • A lively discussion in the comments.

I think this post, based on a find by now-retired Ethics Alarms super-scout Fred, qualifies on all counts. It’s from May of 2014.]

“If there was any time I despised wearing a police uniform, it was yesterday at the Capitol during the water rally. A girl I know who frequents the Capitol for environmental concerns looked at me and wanted me to participate with her in the event. I told her I have to remain unbiased while on duty at these events. She responded by saying, ‘You’re a person, aren’t you?’ That comment went straight through my heart!”

Thus did Douglas Day, a police officer at the West Virginia Capitol in Charleston, confess to Facebook friends his mixed emotions while doing his duty.

For this he was fired.

The day Day wrote his Facebook post, Capitol Police Lt. T.M. Johnson told him  that the post “shows no respect to the department, the uniform or the law enforcement community which he represents.”  About a week later, Sgt. A.E. Lanham Jr. wrote to Day that he “found the entire [Facebook] posting to be extremely offensive and shocking … This is just another episode of many incidents which show his bad attitude and lack of enthusiasm toward police work in general and toward our department in particular.”

Day was thunderstruck. “If they believed there was some sort of a violation I made, then why wasn’t it addressed? They never brought me in and never said anything to me,” Day said. “In 2½ years working there, I had no disciplinary action taken against me at any time. Nothing was ever written up and I received no reprimands.” So much for the “many incidents.” Continue reading

Property Rights, The Fan, The Baseball, And The Lesson [CORRECTED and UPDATED]

That’s Hydes in the middle. The little white round thing is the ball.

During an Angels-Tigers game in Detroit last week, California slugger Albert Pujols hit a solo home run that gave him  2,000 runs batted in for his career. This wasn’t just a round number. Only four batters in Major League History have knocked that many across the plate in their careers, three if you don’t count steroid cheat Alex Rodriguez, and you shouldn’t and I don’t. The three are Hank Aaron, Babe Ruth,  and now Pujols. It’s a big deal.

[I erroneously had Willie Mays and Barry Bonds (yechh) in the list. Thanks to Diego Garcia for the correction.]

A Detroit fan named Ely Hydes, a law student, got the ball in the stands. As is the usual practice in such situations where a ball represents a landmark achievement, and stadium  security asked him for the ball to present to the man who hit it. Hydes said no.  In an interview later with a Detroit radio station, he said that he hadn’t decided decided whether to give the ball to his brother, his father, or Pujols. The security staff offered money, and then, he said, got nasty with him, which he resented, and caused him to be more adamant about keeping the ball. Continue reading

Morning Ethics Warm-Up, 5/13/2019: Oh, All Sorts Of Things…

A rainy good morning from Northern Virginia!

1. Weekend Update: I’d like to point readers to two posts from the weekend, recognizing that many of you don’t visit on Saturday and Sunday. I think they are important.

The first is” I Hereby Repudiate My Undergraduate Degree, As My Alma Mater Has Rendered It A Symbol Of Hypocrisy, Ignorance, And Liberal Fascism” about Harvard’s shocking punishment of a college dean and Harvard law professor for defending Harvey Weinstein. There was more to the story than I knew when I posted about it (thanks, Chip Defaa! ). Ronald Sullivan’s  wife is also being stripped of her position as a dean—Harvard now designates both spouses as “deans” when they lead residence Houses. It’s not exactly  “guilt by association,” since she also only had the job by association, but she still lost her job and cpmpensation. Ronald Sullivan had quit his position as a defense attorney for Weinstein the day before Harvard announced he would not be dean of Winthrop House for the next school year. That’s not very admirable on his part, but I sympathize with his dilemma.

The other is this multi-lateral ethics break-down, which I am upset about now and will continue to be. It demonstrates how far gone rational ethical decision-making is in  some segments of our society, and honestly, I don’t know what to do about it.

2.  Here’s one of the many little ways the “resistance” is undermining the President (and in so doing, our democracy.) The Children’s Hospital Association paid for a full page ad last month in the New York Times, thanking “Congress and the Administration” for passing the Advancing Care  for Exceptional Kids Act (ACE  Kids). This is pandering, partisan, ungrateful cowardice. Laws are passed by Congress and the President, who must sign legislation into law. “The Administration” has no Constitutional role in passing laws. This pusillanimous association was afraid of backlash if it dared to publicly thank Present Trump for making their bill law.

Presidential policies, words and actions that the “resistance” can complain about are over-publicized; accomplishments that they can’t find fault with are ignored or attributed to someone else.

Here’s another example, from this week’s Times book section. In a review of a book about the decision to fight the Iraq war, the reviewer refers to “Trumpian malpractice.” That’s just an unsupported and gratuitous slur, assuming that readers believe that the President’s name is synonymous with incompetence, or trying to embed the idea that it is. Continue reading