Category Archives: Rights

Morning Ethics Warm-Up, 7/18/18: The Persecution Of Josh Hader And Impeachment Plan N [UPDATED]

Good Morning!

It’s 4:40 am. I can’t get to sleep because I’m nauseous and my stomach’s upset, probably because of Fox’s miserable coverage of the baseball All-Star game as if it was a slow day on the boardwalk. At points when the game would normally be suspenseful, the awful Joe Buck was having inane conversations about facial hair and other trivia with players in the field. Such utter disrespect for the sport it was covering in what is supposed to be a showcase!

1. Speaking of the All-Star game...Milwaukee Brewers reliever Josh Hader,  who has been a break-out relief pitching star this season, gave up four hits and a three-run homer, his worst performance of the year, on his biggest stage to date, the All-Star game in Washington, D.C. That was the least of his rotten day, however. Earlier in the evening, some  sleuth dived into Hader’s Twitter history and found some high school tweets with racist, anti-gay and sexist words and sentiments in them. The dirt was slurped up by reporters while the game was going on, and they confronted Hader immediately after the game, which Hader’s team, the National League All-Stars, lost by two runs, or one less than he had given up.

To his credit, Hader didn’t deny that he had written the tweets. “No excuses. I was dumb and stupid,”he said. He was 17-year-old when he published them.

Let’s say that again: he was 17. This shouldn’t be news, and it shouldn’t have been reported. Yet some are speculating that Major League Baseball will fine or otherwise punish Hader, and worse, that they should. If they try, I hope the players’ union makes them sorry. Hader was legally a minor; he hadn’t been drafted by a MLB team yet when those tweets were made, and  MLB didn’t even have a social media policy then. If Hader is punished, it will be one more example of craven organizational misconduct and abuse in response to, or fear of, the speech police and the political correctness mob.

2. Per se negligent homicide. In another situation in which I reject the “he’s been punished enough” defense, six-year-old Makayla S. Bowling  was shot in the head and killed by her father last week when his gun accidentally discharged while he was cleaning it. He didn’t know the gun was loaded. He did know his daughter was within shooting range, however. The authorities won’t prosecute unless they find evidence of foul play, but there is already sufficient evidence of fatal negligence. He should be charged with manslaughter.

3. Plan N! Some Democrats and journalists who have real jobs and don’t live in a padded room really are saying in public that Donald Trump should be impeached for what he said in a press conference in Helsinki. Astounding. Astounding, and unethical, because a lot of Americans—you know, like the ones on Facebook who are passing around a meme showing Obama with the legend “Share if he’s your favorite President!” (Why not just a label that says “I have never read an American history book”?)—are so ignorant about law, politics, diplomacy, and just about everything else, that they can be convinced by ravings.

If you are keeping track, and it is hard, be sure to add Plan N (Calling comments at a press conference treason) to the list of “resistance” impeachment and removal plots. Oh, heck, I need to update the list anyway: Continue reading

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Ken White Enlightens Us Regarding Judge Kavanaugh

Libertarian, free speech specialist lawyer/blogger Ken White has some news for the anti-Brett Kavanaugh fanatics who are claiming that he will lead an evil Republican plot to take away our civil rights. In a Popehat post titled “You”ll Hate This Post on Brett Kavanaugh”, —which tells you a lot about his readers, don’t you think?—Ken demonstrates that he. unlike the reflex foes of President Trump’s distinguished nominee to replace Justice Kennedy on the Supreme Court, has done his home work, and has made a fair and objective analysis of Kavanaugh’s record on the crucial Constitutional issue of free speech.

His conclusion?

“In conclusion, Kavanaugh’s work on the D.C. Circuit show a judge strongly protective of free speech rights, and part of the trend of applying free speech doctrines both to classic scenarios and to government regulation. His stance on telecommunications and elections laws will get him painted as part of the “weaponize free speech” movement by results-oriented thinkers. He’s strong on First Amendment limits on defamation law and his approach to anti-SLAPP statutes do not, as some have suggested, signal that he wants to make defamation cases easier. But though he might help upset applecarts by applying the First Amendment to regulatory schemes, and will not uphold broad speech restrictions, he will likely not overturn doctrines that make it hard for individuals to recover for speech violations.”

Continue reading

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Morning Ethics Warm-Up, 7/12/2018: The Cleveland Indians, “On The Waterfront,” And Garza v. Hargan

Good Mornin’!

(I know I’ve posted this “Singin’ in the Rain” showstopper more than once, but it makes me happy, so there.)

1. From the Cleveland Indians, a Robert E. Lee moment: As the Cincinnati Reds were threatening, with two outs, the bases loaded and the Indians clinging to a 4-3 lead, Tribe manager Terry Francona wanted to bring in left-hander Oliver Perez to face left-handed Reds slugger Joey Votto , the book move, a classic left on left matchup.  But pitching coach Carl Willis thought he heard Francona tell him to summon right-hander Dan Otero.“He thought I said O.T.,” Francona said, using Otero’s nickname. “I said O.P.” With the advantage of facing a right-handed pitcher (most lefties hit righties better) Votto promptly hit a three-run double off Otero, giving the Reds a 6-4 lead.

Even though it would have made no sense for Francona to ask for Otero, the manager emulated Robert E. Lee’s fine leadership moment, meeting with his battered troops after they were shot to pieces in Pickett’s Charge and telling them, “It was all my fault.” “It falls on me,” he told the press. “I actually talked to the team and told them that I thought I messed up.”

Some wags have suggested that the decline of creative baseball player nicknames was really at fault. If Francona had called for Vinegar Bend, The Big Train, , The Monster or “Death to Flying Things,” nobody would have been confused.

2. Forget the dishonest narrative and spin: here’s what really happened in Garza v. Hargan: No, Judge Brett Kavanaugh, President Trump’s eminently qualified nominee to fill retiring Justice Kennedy’s seat on the Supreme Court, did not try to block an illegal immigrant teen from having an abortion, as the desperate fear-mongering Democrats are claiming. 

In October 2017,  the ACLU filed suit against the Trump administration on behalf of “Jane Doe,” a pregnant teen from Cnetral America who had been arrested while entering the country illegally. Through  her guardian, Rochelle Garza, “Doe” sought release from the federal shelter where she was being detained to obtain an abortion. Eric Hargan, the acting secretary of the Department of Health and Human Services at the time, took the position that the government   had no obligation to facilitate Doe’s abortion.  She had the option of returning to her native country—where she belonged anyway— or being released to a sponsor. A federal trial judge ruled for Doe and the abortion, saying that the government’s refusal to release a minor from custody constituted an “undue burden” on Doe’s constitutional right to an abortion. HHS appealed to the D.C. Circuit, and on appeal, Judge Kavanaugh authored the majority opinion that reversed the lower court’s decision. Here is the crux of the opinion: Continue reading

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Ethics Hero: Black Swan Books Owner Nick Cooke

The “A Nation of Assholes” scenario is in full sway when an entire side of the ideological divide attacks the owner of a public accommodation for insisting that his customers are not harassed and abused. That is a fair description of the fall-out from the recent episode at Richmond’s Black Swan Books, where the owner behaved like the owner of the Red Hen restaurant should have behaved: like an American, like a supporter of diversity of view, like a believer in our political system, like a foe of bias and discrimination.

From the Richmond Times-Dispatch:

Nick Cooke, owner of Black Swan Books on West Main Street in the Fan District, said Bannon was in the bookstore Saturday afternoon and that a woman confronted him, calling him a “piece of trash.” Cooke said he called 911 and that the woman left as he made the call.

“Steve Bannon was simply standing, looking at books, minding his own business. I asked her to leave, and she wouldn’t. And I said, ‘I’m going to call the police if you don’t,’ and I went to call the police and she left,” Cooke said. “And that’s the end of the story.”

The Richmond Police Department confirmed a call was made around 3:15 p.m. Saturday for a report of someone yelling at a political figure in the bookstore and that the call was canceled before any officers responded.

“We are a bookshop. Bookshops are all about ideas and tolerating different opinions and not about verbally assaulting somebody, which is what was happening,” Cooke said.

But it was not the end of the story, because so many Democrats and progressives have taken a dangerous turn to totalitarianism and the tactics of  Lenin and the Nazi Party, seeking to harass and abuse those with whom they disagree. The antifa is no longer on the far fringes of the Left: it is creeping toward the center, or perhaps the better metaphor is that the Left is creeping toward it, and I do mean creep. These are awful people, as I’ve said before. Not because of their beliefs, but because of their conduct. Unable to produce the political dominance that they thought had been assured with the election of Barack Obama, frustrated progressives are increasingly abandoning the values and processes of a constitutional democracy to resort to political and social warfare. The attempt to exclude conservatives and Republicans from the basic rights of citizenship, such as being able to walk down a street, shop, or have dinner without being accosted and hectored, represents an escalation, and is signature significance for an ideological movement that has forsworn ethics for the pursuit of power.

( And yes, I personally think Steve Bannon is also an awful person. As is President Trump. As are Maxine Waters, Chuck Schumer, Mitch McConnell, Joy Reid, Michael Cohen, Charles M. Blow, Barry Bonds, Stephen Colbert, Howard Stern, Joe Arpaio, Omarosa, Anthony Scaramucci, Harry Reid, Scott Pruitt, Bill Clinton and Hillary Clinton. There are many millions of arguably awful people, all well short of being criminals, in this country, and every one of them has the right to live his or her life unmolested when they are not being overtly awful. Any political party that takes the position that this statement is not true should be disqualified from holding power.)

Speaking of awful people, Philippe Reines, a top aide in Hillary Clinton’s Presidential campaign, tweeted out the contact information for the bookstore on Sunday afternoon, in effect doxxing her and siccing the social media mob and the Maxine Waters Brigade on the book store and its owner. Typical of the illogic employed by the self-righteous harassers was this tweet:

Woman: Steve Bannon, you’re a piece of trash!

Bookstore Owner: We are a bookstore! We tolerate different ideas!

Also Bookstore Owner: *calls police on woman to have her removed because she expressed her different ideas*

No, you lying moron, the owner called the police because the woman was harassing his customers.  Presumably Nick would have called the police on Bannon if the former Trump aide had been harassing her.

Black Swan Books  is the anti-Old Town Sport&Health Club, which I wrote about as an Ethics Dunce here.

In that 2017 fiasco, a Georgetown professor named Fair, ironically enough, harassed white nationalist Richard Spencer while he was quietly working out, no Heil! gestures or anything, and the club revoked his membership.

(Remember: awful people. Do NOT let them get power.)

I wrote—and I’m sorry for such a long self-quote, but I think I wrote it well the first time:

I’m so weary of reading about restaurants that give discounts to diners who pray, and bar owners who declare that no Democrats are welcome and Maine propane dealers who tell their customers that they can freeze to death if they voted for Donald Trump. I’m tired of pointing out what should be obvious to everyone in a pluralistic society, but suddenly isn’t, particularly, it seems, to proto-totalitarians like the Georgetown professor, who is doubtless hard at work indoctrinating her young charges into believing that those with non-conforming views should have their rights taken away for the greater good. I detest Spencer’s views, but I consider Fair and her kind the far greater threat to the nation, in part because there are so many of them.

Why? She is a greater threat because her version of society doesn’t work, and soon devolves into armed camps. As I wrote in a post called, “Americans: End This Slippery Slope Now, Before It’s Too Late,” about a Washington, D.C. restaurant that publicly apologized for letting an alt-right group to eat there,

I know, I know: Neo-Nazis are really bad. Yet I don’t want my freedom to participate in life and society to be limited by someone else’s judgments about my beliefs or politics. Listen to the rhetoric from angry Clinton supporters since the election. If you want to enforce immigration laws, you hate Latinos. If you think the unborn deserve rights, you are a misogynist. If you voted for Trump, you are a blight on humanity. Thanks to the rhetoric of Black Lives Matters and the tacit approval of some well-placed politicians, police officers have been refused service in various establishments… The argument that this group or that group is special and doesn’t deserve the same courtesy and service as other groups is simply a rationalization born of bias, like… the position that the Vice President Elect, alone among all the millions of audience members who are allowed to attend theatrical performances as part of the community, ought to be subjected to personal harassment based on his political beliefs.

If we, as a culture,  approve of this abusive treatment of the alt-right, then we are approving similar treatment when the group being discriminated against is the Democratic Party, the ACLU, a mosque, the Shriners, the Boy Scouts, NARAL, or a newspaper editorial board. Rights mean nothing if the most unpopular, most controversial, most offensive individuals and organizations cannot exercise them….This is a slippery slope that leads right to the end of the principles and liberties that make the United States an ethical nation, and perhaps a nation at all.

Well, since I wrote that, self-righteous, proto-totalitarian progressives and “the resistance” have been greasing that slippery slope.

The Richmond bookstore owner’s effort isn’t enough by itself, but at least he demonstrated how to throw sand on it.

 

 

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From “The Ends Justifies The Means” Files: Senator Feinstein’s Ugly Hybrid, And An Ethics Test For Democrats

The test is simple: how unethical are Democrats willing to be, and how flagrantly, as they desperately try to derail President Trump’s nomination to fill the Supreme Court vacancy, when the right to fill such a vacancy is one of the President’s unquestioned powers, as long as his choice meets basic minimum qualification standards?

Based on the recent tweets from superannuated California Senator Feinstein, fighting for her professional life and apparently pandering to the extreme Left as a result, the answer is “Very unethical, unfortunately.”  The Senator tweeted,

“Two-thirds of Americans don’t want women’s access to reproductive health care restricted. President Trump’s SCOTUS nominee could do just that by overturning Roe v. Wade and setting off at least 20 states’ “trigger laws” restricting abortions.

and…

“Overturning Roe v. Wade would take us back to the days of women being severely injured and dying because they can’t get basic medical care. We’ve come too far to go back to those days.

These are both ugly hybrids designed with malign intent, kind of like the Indoraptor in “Jurassic Park II,” except the components of the vile mutation in this instance aren’t a T-Rex and a Velociraptor, but misrepresentation and fear-mongering.

1. President Trump’s (at this point) un-named nominee can’t “overturn” anything; only the full court can do that. He or see could  ride in the Kentucky Derby, I suppose. Any of Obama’s appointees “could” also “overturn” Roe, if enough Justices went along with them. In a case presenting that possibility. Of which there are none currently before the Court. And which may not get before the Court.

Ethics offense: Deliberately making the public more ignorant. And fear-mongering.

2. Feinstein is falsely using “reproductive health care” as a substitute for “abortion.” They are not the same thing.  I don’t know what polling results the Senator is referring to, but if it involved “reproductive health care,” it wasn’t about abortion specifically. Pew, which is the closest thing we have to a fair and non-partisan survey organization, found only 25% of the public wants abortion to be legal in all cases, which is what no restrictions on access to abortion means, assuming Feinstein’s ” “reproductive health care” is the deceptive code it appears to be. (If she really means “reproductive health care,” she’s nuts. Who has ever stated an opposition to “women’s access to reproductive health care”?)

Ethics offense: Dishonesty. Deceit. Obfuscation. Misuse of statistics to confuse rather than clarify.

And fear-mongering.

3. The second tweet is irresponsible and flat-out false. Overturning Roe-–in that yet to be identified future case that has gone through the lower courts and poses the issue in a way that a majority of the Court deems appropriate for review, with the result accomplished by the presumed vote of the unidentified Justice who, like the rest of the yet to be assembled Court majority, will determine the case without regard for the facts or established law, stare decisus or the outcome of oral arguments—would not do anything but return the determinations of policies regarding what restrictions, if any, will be placed on abortion to the states, and to the voters in those states, with the results very much in doubt.

Ethics offense: Deliberately making the public more ignorant. Dishonesty. Deceit. Obfuscation.

And fear-mongering.

No elected official who deliberately engages in dishonest tactics like this can or should be trusted by the public with power or influence. We should all keep close watch on how much lower abortion advocates are willing to go. For the ends do not justify the means, and politicians, parties, and party leaders who signal otherwise are a menace to democracy, no matter what the issue may be.

 

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Sunday Morning Ethics Warm-Up, 7/8/18: Idiots, Bigots, Liars and Freakouts

Good Morning!

My favorite hymn, naturally: the first selection at my father’s 2010 funeral at Arlington National Cemetery, the stirring finale of “Mrs. Miniver,” and it was composed by none other than Sir Arthur Sullivan.

1. What’s the ethical response to these kinds of stories? I’m pretty sure I don’t have it, whatever it is. From today’s New York Times: “This year, a tourist in India was mauled to death when he tried to take a selfie with a wounded bear.” Last week, an Australian tourist was nearly killed when a shark that she was hand feeding dragged her into crocodile-infested waters. How should we feel about such people? “Serves the morons right” isn’t an ethical response, but that kind of clueless idiocy gets people killed all over the world, every day. Laughter is tempting, but seems cruel. I can’t apply the Golden Rule, because there is no way I can imagine myself behaving quite that stupidly. Is “I’m genuinely sorry that you’re an idiot” mockery, or compassion?

2. What’s going on here? I sure can’t figure it out. The quickest way for you to get up to speed is to click on the link and read the twitter feed backwards. Here’s a summary: two police officers claimed that they were harassed at a Raleigh, N.C. barbecue restaurant, with staff calling out “Fuck the police!” The police association wrote about the alleged incident on Facebook, the restaurant denied the account, and an investigation indicated that the complaints were exaggerated at most, and perhaps fabricated completely.  Then the association posted this:

Huh? The issue is NOT resolved until we learn what, if anything the officers were reacting to, why they made a false claim, and what kind of discipline they face, if any. Meanwhile, the story was reported on social media by a criminal defense attorney (all criminal defense attorneys hate and distrust cops, and vice-versa) whose characterization of the episode is that the police “terrorized a local business.” Terrorized? (Pointer: valkgrrl)

3. As the self-segregation of America continues...Outspoken conservative Hollywood actor James Woods was dropped by his agent, Ken Kaplan, who wrote, “It’s the 4th of July and I’m feeling patriotic. I don’t want to represent you anymore. I mean I can go on a rant but you know what I’d say.” Woods replied,

 “Dear Ken, I don’t actually. I was thinking if you’re feeling patriotic, you would appreciate free speech and one’s right to think as an individual. Be that as it may, I want to thank you for all your hard work and devotion on my behalf. Be well.”

Commenting on this, Constitutional Law expert Jonathan Turley opined, Continue reading

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Saturday Afternoon Ethics Smorgasbord, 7/7/2018

God ettermiddag!

Yeah, I know smorgasbord is Swedish and god ettermiddag is Norwegian. I just woke up feeling Scandinavian today. I even had a Danish for breakfast…

1. Trump Tweets. Our President’s petty and juvenile tweets insulting Maxine Waters’ IQ and Senator Elizabeth Warren’s Native American fantasy are so obviously self-destructive, necessary and irresponsible. Why why why? These outbursts are literally like the President of the United States going on the roof of the White House and screaming, “You’re all poopy heads!”

Who needs to be told that Waters is an idiot? Res ipsa loquitur applies, and anyone who thinks she is the voice of wisdom and moderation is beyond helping.  Trolling Warren by offering her a million dollars to get a DNA test is even more idiotic. Her fake claims of Cherokee heritage already have frozen her political ambitions, and she knows it.  If the Senator is not eager to take the test for free (Does anyone smarter than Maxine Waters believe she hasn’t taken such a test?), why would she do it for money? And Warren doesn’t need a million dollars: like most socialists in power, she’s rich already. It’s this kind of thing that drove George Will, William Kristol and Jeff Flake nuts.

2. Proof that the New York Times has also lost it. Here’s an inflammatory quote from yesterday’s editorial from the New York Times editorial board, in a screed urging Democrats to use any means necessary to block the President from appointing whomever he wants for the Supreme Court—you know, like the Constitution says he can:

“This is all the more reason for Democrats and progressives to take a page from “The Godfather” and go to the mattresses on this issue.”

Nice. This is a direct call to violence and literal warfare. I assume the Times editors have seen “The Godfather.” Don Corleone’s Family went “to the mattresses” when it started a gang war.

I hope Americans realize the values it will be voting for when they decide to put the New York Times’ editors’ chosen party back in power. Hint: it’s not democracy.

Since November 2016, Democrats and their allies have been courting revolution because they didn’t like the way the election turned out. No matter how loathsome the Republican Party has shown itself to be, it has never done that. Continue reading

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