Rights

Ethics Dunce: University Of California at Berkeley

/ Jack Marshall / 19 Comments

“Free speech” at Berkeley…

Ethics Dunce, Unethical Quote of the Month, Incompetent and Indoctrinating College Administrators of the Day (there are so many during the week)…all of these would have been fair, in light of Berkeley’s sad offer to counsel students whose delicate psyches feel bruised because a young conservative loudmouth is speaking somewhere on campus. This is presented on a web page offering solace in response to a visit by Ben Shapiro, a pretty much standard issue hard-right polemicist, less right than Bernie Sanders is left, and about as dangerous to any student’s “safety” as Peewee Herman in his prime. (Actually, I think Peewee could take him.) Yet this:

Support and counseling services for students, staff and faculty

We are deeply concerned about the impact some speakers may have on individuals’ sense of safety and belonging. No one should be made to feel threatened or harassed simply because of who they are or for what they believe. For that reason, the following support services are being offered and encouraged:

In his response to this embarrassing example of universities attempting to stifle diversity of thought, Professor Turley is being a weenie again:

Notably, the counseling is not for the violence at such speeches or disturbing messages on both sides. Rather it is the presence of speakers like Shapiro that might threaten a student’s fear for their “sense of safety and belonging.” The school insists that “No one should be made to feel threatened or harassed simply because of who they are or for what they believe.” No mention of the past protesters with signs like “F**k Free Speech” or beating those who do not share their views.

It is the sole inclusion of the speaker and not the counter-protesters or campus disruptions that concern me. It appears to reinforce the view that conservative speakers are a foreseeable threat to the sense of safety and belonging of students.

It appears to reinforce that view, professor? It does reinforce that view, and is intended to reinforce that view. As such, it is an attack on freedom of thought, speech and expression, as well as an attempt to demonize any student who would choose to hear what Shapiro has to say. The statement embodies the current anti-speech, anti-First Amendment, anti-American position spreading through academia that hate speech isn’t protected speech, and any speech that opposes progressive cant is by definition hate speech.

What Berkeley should be offering is counseling for students who justly fear that the Berkeley administration’s alliance with the repressive Left threatens the safety of democracy itself. Continue reading →

Morning Ethics Warm-Up, 9/11/17: Irma and Climate Change Hype; Democrats And Anti-Catholic Hypocrisy

/ Jack Marshall / 122 Comments

Good Morning!

1 I’m in Boston to address a group of new admittees to the Massachusetts bar today.

2. Broadcast journalists were surprisingly restrained with Harvey, but the second major hurricane in less than two weeks is apparently too much for them, as it is for other climate change shills on social media and elsewhere (I’m looking at YOU, Jennifer Lawrence…which, I admit, isn’t all that unpleasant…)

Thus I am hearing (and reading) more and more claims that Hurricane Irma on top of Hurricane Harvey is the result of the nation’s failure to aggressively limit carbon emissions…as if two (or more) big storms in hurricane season is unprecedented, and didn’t, in fact, occur far more frequently when Al Gore was knee-high to a grasshopper. What does the cynical use of the 2017 storms as propaganda for the gullible and weak-minded tell us?

It tells us that the journalists don’t know beans about climate, weather and the science of global warming. It shows us that they are willing to mislead the public out of dishonesty, bias or incompetence, by spreading what amounts to junk science regarding an important policy issue. It tells us that they can’t resist using their position as reporters to boost what is for them a political agenda, for not one of them has first hand knowledge or genuine expertise regarding whether the earth is warming, how much, for how long, to what effect, and what will actually slow it down, and very, very few of them could explain a climate change model if their lives depended on it.

Finally, it tells us they are stupid. Every time it becomes obvious that the news media, elected officials and others are hyping this issue by using weather as an argument that climate change is occurring, they make skeptics more skeptical, and justly so. When advocates and activists resort to phony arguments and fake facts, it is  fair to assume that they don’t have sufficiently persuasive actual facts, and that they cannot be trusted not to cheat to get their way. Continue reading →

The “Unacceptable Word” Fiasco: OK, Now I Really Want To Know How Many Progressives Seriously Endorse Stuff Like This?

/ Jack Marshall / 23 Comments

I just received an email from the Democratic National Committee urging me to protest Betsy DeVos’s (completely valid and overdue) withdrawal of the “Dear Colleague Letter” by which the Obama Department of Education pressured universities into dispensing with due process when a male student is accused of sexual assault. “Tell Trump and DeVos not to undo President Obama’s policies to combat sexual assault on campus!” it bleats. The e-mail blast (if I ever find out who put me on this list, there will be blood), quotes DeVos, as if this advances their case, as saying, “If everything is harassment, then nothing is harassment.”

The Education Secretary was exactly right, and a story today from Reason shows why.

Joshua Zale, a student at Moraine Valley Community College, was asked by his drama instructor to play a pimp asking for money from another student, playing the role of a prostitute in an improvisation exercise. Improvisation means that the actors work without a script. In the process of the improv, Zale used an “unacceptable word” according to the instructor, who was apparently improvising the role of a fool. The teacher immediately reprimanded Zale, who later insisted on a private meeting to learn why he had been attackedfor using a word he felt was consistent with  the role he had been assigned.  Assistant Dean Lisa Kelsay subsequently accused  Zale of violating Title IX—the weapon of choice in the “Dear Colleague Letter”—and school conduct policies by sexually harassing his acting partner “as a woman.”

No one has yet divulged what this “unacceptable” word was. I have taught improvisation. I am a pretty creative guy, with a fairly extensive vocabulary. I cannot imagine any word, from Pneumonoultramicroscopicsilicovolcanoconiosis to supercalifragilisticexpialidocious to Bill Maher’s favorite, cunt, to “penis breath,” uttered by a child in the opening minutes of “E.T.”, that would be “inappropriate” in an improv, especially in a scene involving a sex worker and a pimp.

As you know, ethics stories often remind me of TV shows and movies. This one (see the video clip above)  reminds me of a famous “MASH” episode, “The General Flipped At Dawn,” in which Harry Morgan, later to play lovable, crusty old Col. Potter, played an insane general. Reviewing the MASH squad, he asks Radar, “Where are you from, son?” Radar answers, “Iowa, sir..” only to have the General scream, “NO TALKING IN RANKS!!!!”

Maybe the improv instructor, Craig Rosen, flipped too. That would be an excuse, at least. But how do you explain the Assistant Dean? Continue reading →

Unethical Quote Of The Month: Simon Radecki

/ Jack Marshall / 9 Comments

“You probably haven’t seen the news. Can you confirm whether or not your daughter Bridget has been kidnapped?”

–Pennsylvanian Simon Radecki of Northampton County, asking Senator Pat Toomey a question at a public town hall relating to the President’s decision to suspend the DACA.

It’s seldom one sees a deliberate breach of question and answer ethics from a member of the public (journalists breach these all the time, but they also are held to higher standards).Radecki’s question to the Senator qualifies, and is about as odious as the breed gets.

To begin with, the question was framed as a lie, suggesting that there was any report to confirm. It was also vicious, an intentional infliction of emotional distress (a tort), a plausible threat, and a direct Golden Rule breach. Nobody would want to have someone falsely report that his daughter was the victim of a crime or in mortal danger, yet this is exactly what Radecki did to Toomey. To add to the question’s unethical pedigree, Radecki dragged Toomey’s innocent 16-year-old daughter ( Ivanka Trump-hate  notwithstanding, being the child of a Republican is not yet a crime)  into a political controversy, exploiting her and employing her as a tool of partisan attack.

Nice. Continue reading →

Foundation For Individual Rights In Education (The FIRE) Report: America’s Top Universities Deny Students Fair Hearings

/ Jack Marshall / 10 Comments

(If you don’t know what this photo has to do with the FIRE report, you haven’t been paying attention…)

The FIRE, the heroic non-partisan non-profit that is dedicated to fighting restrictions on student speech, expression and other civil rights, has issued an important report showing how badly respect for Constitutionally guaranteed rights eroded during the Obama Administration’s embrace of the “war on women” narrative and radical feminist propaganda regarding the “rape culture” at American universities. From the press release:

“Spotlight on Due Process 2017” surveyed 53 of America’s top universities and found that a shocking 85 percent of schools receive a D or F grade for not ensuring due process rights. The schools were judged based on whether they guarantee those accused of campus misconduct 10 core elements of fair procedure, including adequate written notice of the allegations, the presumption of innocence, and the right to cross-examine all witnesses and accusers. FIRE awarded each institutional policy a grade based on how many of those elements it guaranteed.

“Most people will probably be surprised to learn that students are routinely expelled from college without so much as a hearing,” said Samantha Harris, FIRE’s vice president of policy research. “This report should be a huge red flag to students, parents, legislators, and the general public that an accused student’s academic and professional future often hinges on little more than the whim of college administrators.”

FIRE’s report found that 74 percent of top universities do not even guarantee accused students the right to be presumed innocent until proven guilty. Making matters still more unjust, fewer than half of schools reviewed (47 percent) require that fact-finders — the institution’s version of judge and/or jury — be impartial.

Additionally, 68 percent of institutions fail to consistently provide students a meaningful opportunity to cross-examine their accusers or the witnesses against them — despite the fact that the Supreme Court has called cross-examination the “greatest legal engine ever invented for the discovery of truth.”

Most universities try students under one set of procedures for sexual misconduct, and an entirely different set of procedures for all other offenses. Of the 49 institutions in the report that maintain separate policies for sexual and non-sexual misconduct, 57 percent grant students fewer procedural protections in sexual misconduct cases — even when those cases allege criminal behavior. Troublingly, 79 percent of top universities receive a D or F for failing to protect the due process rights of students accused of sexual misconduct….

The report later says that not one institution covered by the study received the top grade. Continue reading →

Deferred Action for Childhood Arrivals (DACA) Ethics

/ Jack Marshall / 161 Comments

President Trump, we are told, is considering or has decided to end President Obama’s Deferred Action for Childhood Arrivals, reportedly with a six month delay to give Congress a chance to  pass a law addressing the issue. The Obama-era program, instituted by executive order,  grants two-year renewable work permits to those brought into the country illegally as children.

There are legitimate arguments for and against this policy. Even saying this is blasphemy for its supporters, whose brains, reasoning and sense of national interest have been completely swallowed by Ethics Alarms Rationalizations #55, “We’re Better Than This!” and #56, “Think of the Children!”

Jenifer Rubin, the conservative Washington Post blogger who has been driven both leftward and also near madness by her hatred for Donald Trump, authored a post titled “Ending DACA would be Trump’s most evil act.” Evil! Naturally, she attributes the decision to racism. On Facebook, the progressive echo chamber where most of my friends dwell doesn’t even require an explanation  of why eliminating DACA is proof of a malign soul. “Trump will end DACA Tuesday!” a distinguished Trump-hater writes, as if it were self-explanatory, like “Trump will broil and eat Nancy Pelosi with a nice Chianti.”

I guess I’m evil too. To begin with, Obama violated the Constitution with his unilateral edict that should have been a bill, passed the old-fashioned way, with it being voted on by Congress and signed into law, or not, by the President. The President should end every single one of Obama’s over-reaching, unconstitutional end-arounds of Due Process that exceeded his office’s powers, whether Trump agrees with them or not. The integrity of our system is the most important thing of all, and he is sworn to protect it.

That is the procedural and precedentiary justification to end DACA. There are ethical and legal reasons too. Never mind, apparently. What matters in this issue are feelings. The argument is so marinated in sentiment and emotional blackmail—if you don’t love “the dreamers,” then you are a monster—that a coherent and responsible debate is literally impossible. All of the emotion-based arguments employed to argue that the illegal immigrant children who piled up at the border during the Obama administration should be allowed to cross the border, or that the U.S. should accept, barely vetted, refugees from nations packed with terrorist activity because their children weren’t terrorists have been repurposed in this debate, plus others. I am especially unmoved by the Hurricane Harvey line of argument: because some “dreamers” have done yeoman rescue work  in the wake of the flooding, the fact that they are in the country illegally should be forgiven, and not only that, take that fact as validation of the desirability of ALL “dreamers.” Continue reading →

Morning Ethics Warm-Up, 9/4/17: Labor Day, Google Being Evil, Antifa, And Hollywood

/ Jack Marshall / 104 Comments

Good Morning!

1.Happy Labor Day! My dry cleaner has a sign out that reads, “Happy Labor Day! Support Our Troops!” Now, any day is a good day to support our troops, but I strongly suspect that this is an unfortunate example of our increasing cultural and historical ignorance (ignorance that the war on statues and memorials will exacerbate, and that’s the intention). No holiday is more misunderstood than Labor Day, and the news media barely makes an effort to remedy the problem.

Ethics Alarms explained the history behind the holiday in a 2012 post that began,

Labor Day commemorates one of the great ethical victories of American society, and not one in a hundred Americans know it. Labor Day marks the end of summer, and a time for retail store sales, and the last chance to get away to Disney World, but few of us think about the real meaning of the word “labor” in the name, and how it is meant to honor brave, dedicated men and women who fought, sometimes literally, the forces of greed, political influence, wealth and privilege in this country to ensure a measure of safety, consideration, fairness and justice for the hardest working among us.

The post is here.

2. This is traditionally a big movie weekend, but it has already been declared a dud. Hollywood is having its worse summer in more than two decades.  Conservative commentators have speculated that one reason is that Hollywood’s loudly and obnoxiously proclaimed contempt for about half of its potential audience—you know, The Deplorables–has alienated a significant segment of the market. That would be nice, since Hollywood has traditionally been a unifying cultural force rather than a divisive one, and this might shock Tinsel Town into getting off its high, blind horse and doing its job. I doubt it, though.

Astoundingly, the public is not yet sick of super hero movies, one of the few genres that continues to do well at the domestic box office.  I wonder when the public will figure out this is partially political indoctrination by the Hollywood Left too: super heroes don’t use those evil guns. They just kill people with their innate powers, or, as in the not-bad NetFlix/Marvel series “The Defenders,” in ridiculously long, drawn-out martial arts combat sequences that resemble ugly dancing more than real fighting. Some of the heroes are bullet proof, however.

The flaw in this anti-Second Amendment propaganda is that real people do not have super powers, and there aren’t any super heroes running around protecting them. Continue reading →

Ethical Quote Of The Week: Ann Althouse

/ Jack Marshall / 20 Comments

“Hey, journalist — you call yourself a “journalist” — how about not being on any side? Have you completely forgotten that idea? Sad about your camera, but what about your ethics? Did somebody grab them too and smash them on the pavement? Or is it still possible to scrounge back somewhere in your head and find them?”

—-Bloggress and retired law prof Ann Althouse, commenting on a New Republic story in which a photographer complains about an antifa thug breaking his camera despite his assurances that they were on the “same side.”

Yes, Ann, journalists have completely forgotten that idea, and that idea was little more than a faint memory by 2008, when total ethics amnesia set in.

The journalist in question, Mike Kessler, signals his assumed virtue by writing…

To be clear, there’s no equivalence between white supremacists and antifas. One has a message of hate, and one seeks to stop that hate…. Conflating the two groups is a way for whataboutist conservatives to play down the racist rot that is spreading on the right….

To be clear, Mike, that’s utter bullshit, though it is the basis upon which the news media, Democrats and Never-Trump Republicans mugged the President for condemning  equally—as he should have–the violent white nationalists in Charlottesville who were protesting the removal of a Robert E. Lee statue, and the violent antifa felons who attacked them to stifle their exercise of their Constitution-guaranteed rights. The far-left’s  hooded antifa assholes who claim to oppose hate while wielding it, and whose objective is to destroy the freedom of speech through intimidation, are exactly as dangerous, repulsive and wrong as the far-right bigots who want to deny equal rights and opportunities to non-white minorities. Continue reading →

Morning Ethics Warm-Up, 9/3/17: A Troubling MLB Suspension, Anti-Trump Mania Update, And Announcing “US Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday

/ Jack Marshall / 17 Comments

Good Morning!

1.I dread this, but it is looking like it is going to be “US Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday. I have accumulated three stories that fit under that heading, because each one of them is simultaneously annoying, sensitive,  under-reported, and difficult to process. Procrastination isn’t ethical, however, so today is the day. Ugh.

2. Today’s New York Times Sunday Review is again light on President Trump Hate, after last week’s orgy. I was discussing yesterday’s post about the draft letter excitement with my sister, a not-quite-resistance member who is a better lawyer than I am and intermittently reasonable despite hating and fearing the President worse than she does that Four Horsemen of the Apocalypse. She agreed that the news media’s elevation of the draft letter to front page status was biased journalism and self-evidently silly. “The news media believes that Trump is so incompetent that it is their job to try to help the country get rid of him as quickly as possible,” she said. She also confirmed that this is the attitude of the “resistance,” Democrats and progressives as well, and she hangs out with all of them.

Her candor was welcome. It’s also an admission, in my view, and I told her this, of an anti-democratic and unethical attempt to undermine our institutions. We remove Presidents by elections, not manufactured impeachments or 25th Amendment removals on contrived grounds. What my sister calls fear of dangerous  incompetence is really objections to style, rhetoric and policy, none of which are justifiable reasons to remove a President before an election.

I also pointed out to my sibling that it is not the news media’s job to conspire with partisan opponents to remove a President. In fact, it is unforgivable.

3. What’s the difference between the National Football League and Major League Baseball? Well, one difference is that when a star NFL player is caught on a video cold-cocking his wife-to-be  in a hotel elevator, the NFL’s first response is to do nothing, and when a second string catcher’s ex-fiance says she was abused on social media and then deletes the post, that’s enough for MLB to suspend the player under its domestic abuse policy. Ethically, I’m not sure which is worse. Continue reading →

Another Harvey Ethics Quiz On Looting….

/ Jack Marshall / 19 Comments

The comments on the Ethics Quiz on shooting looters was edifying. Now let’s examine the question of “legal looting,” according to a Yale Law School professor.

In a post for Bloomberg, Stephen L. Carter argues that “Peacefully taking what you need from a supermarket isn’t the same as looting.” he writes in part,

Should we conclude that people taking food from an empty store during an emergency are not committing a crime? That’s exactly what we should conclude — they are not lawbreakers — but it’s important that we understand exactly why.

Let’s start by considering our own instincts. If I were trapped and my family was starving, I would grab the food; I suspect most readers would too. Already our instincts tell us, then, that the moral situation in which we find ourselves is different when a disaster has struck. I believe, very deeply, in the importance of strong property rules. In an emergency, however, we should interpret the rules differently…. A well-known example in the Model Penal Code posits a hiker who, trapped by a blizzard, breaks into a cabin and eats the food to survive. The hiker has taken both food and shelter without the permission of the owner. By choosing to violate a property rule rather than starve to death or die of exposure, the hiker has selected the lesser of two evils. This is one form of the defense known as “necessity,” and is generally considered to mean that there is no crime.

(You need to read the whole post to fairly consider Carter’s argument.)

Your Ethics Alarms Hurricane Harvey Ethics Quiz of the Day is…

Is looting an abandoned supermarket for food still a crime?

Continue reading →