Rights

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 →

Morning Ethics Warm-Up, 8/31/17: Southern Poverty Law Center Edition

/ Jack Marshall / 29 Comments

A Cayman Islands sunrise!

Good Morning, Everyone!

1.For the second time in two months, I had the wrong date on yesterday’s Warm-Up. This time, I was six days off. That’s incompetence, not malice. If I made anyone miss a birthday, anniversary of other appointment, I am so, so sorry.

2. D. James Kennedy Ministries of Fort Lauderdale, Florida, an evangelical Christian ministry, is suing the Southern Poverty Law Center for calling the ministry a hate group because of its stance against LGBT rights. The SPLC is an Alabama-based, self-styled  watchdog group that tracks tracks what it considers extremist organizations, and it publicly names organizations it considers hate groups. It considers hate groups to be any group that is sufficiently aggressive in opposing certain core progressive positions. The entire operation is a masterpiece of self-validating virtue. The name was carefully chosen to signal unimpeachable virtue: it’s “Southern,” so its stance against discrimination is obviously defient and in opposition to its surrounding culture and biases. Though little of its activity involves poverty, the name also signals charity and virtuous motives.  What’s a law center? Well. I grdauted from one, and that was a law school. The Southern Poverty Law Center isn’t a law school, but doesn’t the name sound impressive? Originally, the SPLC acted as a public interest law firm (I would call its use of “law center” misleading, and a breach of several states’ legal ethics rules if it were still a law firm), but now it is a progressive activist and propaganda organization. Not that there’s anything wrong with that, but part of its schtick is to designate organizations as hate groups because, well, they say so. Then the left-leaning news media accepts their verdict as fact. You will read articles saying that there are 917 hate groups in the U.S. No, there are 917 groups the Southern Poverty Law Center calls “hate groups.” .Many of the organizations on the SPLC’s list are undeniably racist and violent. Many are not, or may not be. Lumping them all together as “hate groups” is an effective way to demonize dissent. “Hate group” has no accepted definition, but SPLC defines a ‘general hate group” thusly: “These groups espouse a variety of rather unique hateful doctrines and beliefs that are not easily categorized.”

Got it. The Southern Poverty Law Center is a hate group by its own definition. To be a reliable arbiter of whether a group is promoting hate rather than a just a controversial policy position, a group would have to be non-partisan, objective and politically neutral. all things that the SPLC is not. This is an organization that designates groups that espouse views that it hates as hate groups.

I hate that. Continue reading →

First Parmesan Cheese, An Now This: A Judge Bends Over Backwards To Let The New York Times Escape Its Abuse of Journalism Rights

/ Jack Marshall / 12 Comments

Oh, we knew Palin had nothing to do with this wacko, but it sure felt good to stick it to her anyway…

Federal judge Jed S. Rakoff  has dismissed Sarah Palin’s defamation lawsuit against The New York Times, ruling that she had failed to show that the Times  defamed her in its June editorial stating that she was responsible in part for the Tucson shooting of Rep. Gabrielle Giffords and others by the deranged Jared Loughner. Rakoff’s  ruling argued that the statements in the Times editorial were ambiguous (where have I heard this before?), and thus did not qualify as “provably false,” resulting in insufficient evidence that the Times had written the story with “actual malice.”

“[I]f political journalism is to achieve its constitutionally endorsed role of challenging the powerful, legal redress by a public figure must be limited to those cases where the public figure has a plausible factual basis for complaining that the mistake was made maliciously, that is, with knowledge it was false or with reckless disregard of its falsity,” Rakoff wrote.

Right. Except that to write what it did, the New York Times Editors had to be unaware of what the Times itself had reported regarding Palin’s alleged culpability for the shooting. The Times reported, in great detail at the time, that the claim that Palin’s website had inspired Loughner was completely without merit.

A newspaper’s editors impugning a public figure by blaming her for multiple murders and the attempted assassination of a Congresswoman without checking its own reporting doesn’t qualify as “reckless disregard of its falsity”? If that isn’t reckless disregard, what is? Continue reading →

Professor Volokh’s Ethics Dissent On The Vicious, Pazuzu-Blaming Professor’s Firing

/ Jack Marshall / 10 Comments

‘Yes, I know he’s an idiot, but we should support idiots as highly paid teachers of our children, for the protection of the non-idiots…‘

Eugene Volokh is one of the best and most objective legal minds in the country. If he finds himself on the Supreme Court when Kennedy retires or Ginsberg shuffles off this mortal coil, we will not have suffered through the ugliness of the Trump years in vain. When he opines, I listen, as we all should, and he has now opined regarding the now fired idiot that I wrote about this morning, ex-University of Tampa visiting sociology professor Ken Storey.

Storey used Twitter, in the middle of the still-unfolding human disaster in Houston and soon New Orleans, to announce that flooding victims who were Trump supporters or Republicans deserved to die. He did this twice, so his later claim that his words did not intentionally convey what his words were obviously intended to convey was a desperate and obvious lie.

I wrote:

The university or college that fires an employee like Storey is protecting its reputation as a responsible institution, by stating in clear terms that people with terrible judgment and cruel and unethical instincts who are motivated by hate and intolerance are not qualified to teach….because they aren’t. That professors increasingly have no ethics alarms beeping when the prepare to publish sentiments like Storey’s (or worse) shows how thoroughly the leftist echo chambers of most campus faculties turn academics into Pat Robertson, which is to say, rigid, mean, and dumb. Once upon a time, liberals giggled themselves silly over the evangelical huckster’s periodic pronouncement about how a disaster was God’s way of punishing the U.S. for not abusing gays sufficiently, or similar bile, Now they do the same thing, and expect their colleagues and students to applaud.

Today, in the Washington Post, Professor Volokh advocates a different position:

Storey’s comments were nasty and mean-spirited; and I should note that the University of Tampa is a private university, in a state that doesn’t limit private employers’ ability to fire employees for their speech. The university’s actions thus seem legal (assuming they didn’t breach any contract). And Storey’s comments also weren’t academic or likely to be part of a serious political debate.

But the university’s action strikes me as further undermining the freedom of expression and debate at American universities, including the freedom to say things that are much more thoughtful. If you were an untenured faculty member at the University of Tampa, would you feel free to express your views on controversial subjects, when you saw how the university reacted to this tweet? Even if your views were very different politically, what do you think the University would do if people started pressuring for your dismissal, pointing to the Storey incident as precedent?

I’ve talked before about “censorship envy,” one mechanism through which these sorts of speech restrictions can grow: “If my neighbor — and especially my political adversary — gets to ban speech he reviles,” the thinking goes, “why shouldn’t I get to do the same?”

If a university has a strong policy of protecting speech, including offensive speech, administrators can point to that policy as a means of resisting calls for firing a controversial faculty member, and they can appeal to people’s desire to see speakers on their own side protected, and use that desire to help protect speakers on all sides. But once the university starts firing some people for speech “that do[es] not reflect [the university’s] community views or values,” that makes it much harder to resist calls for more suppression. Indeed, at that point tolerating speech starts implicitly conveying the message that the speech does reflect the university’s community views or values — and to avoid that implication, the university would have to fire any speaker who offended some sufficiently influential constituency.

I am very confident that in this rare case, Prof. Volokh is dead wrong. Continue reading →

From “The Progressive War On Free Speech” Files, The Unethical Website Of The Month: “Leave Your Dog Poop On Crissy Field”

/ Jack Marshall / 12 Comments

I’d like to take a national poll, a California state poll and a San Francisco poll asking who thinks deliberately littering the site of a planned far-right demonstration with dog shit is an ethical thing to do. I think it would tell us a lot.

Patriot Prayer, a far right group that has held several  “free speech” events in the Pacific Northwest, applied for and was awarded a permit to hold a demonstration today on San Francisco’s Crissy Field.  San Francisco’s officials, being totalitarians at heart and like their increasingly senile but steadily anti-speech member of Congress, Nancy Pelosi, hostile to the concept of free speech, tried to pressure the National Park Service to deny the group a permit. The Service, foolishly hewing to the Constitution, demurred. The city’s police department  planned for a riot.

To foil the demonstrators, an artist named (yes, I checked this one for being a hoax) “Tuffy Tuffington,” had a brainstorm, or perhaps shit-storm is the better description:  to make the beach uninhabitable for Patriot Prayer First Amendment protected proceedings, he urged San Franciscans to plan to festoon Crissy Field, which is normally a lovely beach by the shadow of the Golden Gate Bridge, with piles of their various dogs’ droppings

“I just had this image of alt-right people stomping around in the poop,” said Tuffy, a self-righteous asshole. He is convinced that this is the best way to respond to right wing extremists in the wake of Charlottesville.  Presumably, President Trump will be required under threat of impeachment to declare that there is nothing wrong with defiling a public place and breaking the law to make it impossible for a group to demonstrate, because it is a false moral equivalency to insist that all Americans have equal access to Constitutional speech. Do I have that correct, Tuffy? Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up: 8/24/17”

/ Jack Marshall / 32 Comments

The debate over what kind of tolerance is required and justified in a democracy inspired reader Chris Marschner to submit a thoughful and thought-provoking comment, as he has before, that takes the discussion in a diferent direction.  I’ll let you read it and have your own reactions; Chris needs no further preface.

Here is his Comment of the Day on the post,Morning Ethics Warm-Up: 8/24/17:

Let me begin with the question, what lies as the foundation of tolerance? Is it understanding, empathy, or a just a willingness to comprehend an alternative perspective? Perhaps it is all three. By definition, tolerance is a willingness to live and let live, so to speak. But, the notion of willingness to live and let live does not preclude the actions of those who seek to change minds through cogent rational argument.

I have listened at great length to those who oppose and support the destruction or removal of Confederate iconography in today’s world. If we start with the assumption that what is right and good will triumph over that which is bad and evil in time without the need to resolve the dispute violently we might move toward a more tolerant and enlightened social structure.

My thesis is neither a defense of nor a condemnation of societal issues that continue to pit one against another. I will merely juxtapose the historical issue which divided the nation into camps that found the practice repugnant and those that found no problem with it an a modern day issue that one group find morally repugnant while others do not and attempt to draw parallels to historical events that sanctified, or at least legitimized social behavior.

Again, I am trying not to cast any judgement on any behavior but to develop my thoughts I needed to find a modern day issue that a majority segment of our population finds morally repugnant and another minority segment sees as perfectly acceptable. I then asked myself the question to what lengths might the minority segment go should the majority segment impose its will by executive or judicial fiat? How much will the minority tolerate before it finds the political majorities imposed will too much to tolerate. What issue might create substantial animus toward the ruling segment that it too may seek to enjoin itself from laws of the land. What parallels in history do we see that might engender such animus and how might future generations view the loser if the debate escalated into a full on confrontation? Continue reading →

Ethics Quote Of The Day AND Incompetent Elected Official Of the Month, Plus KABOOM! and “ARGHHHHHH!” : Rep. Nancy Pelosi

/ Jack Marshall / 21 Comments

“The Constitution does not say that a person can yell ‘wolf’ in a crowded theater. If you are endangering people, you don’t have a constitutional right to do that.”

—-Democratic House leader Nancy Pelosi in an interview with KRON4’s Pam Moore, as the party leader explained why she believed that alt-right advocates should not have the benefits of freedom of speech and assembly.

Observations:

  • This is a classic. Biff and his various incarnations in the “Back to the Future” trilogy must be kicking themselves.  They said,

 “Eight o’clock Monday, runt. If you ain’t here, I’ll hunt you and shoot you down like a duck.”
(“Mad Dog” Tannen’s Gang Member : “It’s “dog”, Buford. Shoot him down like a dog.“)

and

“Why don’t you make like a tree and get outta here?

and

“I’m not one to look a gift horse in the butt.”

and

“It’s time to race the music.”

and  Biff’s great-great-grandson Ziff Tannen said,

 “I’m going to make like a banana and skedaddle!”

And more. But “crying wolf in a crowded theater” is funnier—and dumber— than any of them. Continue reading →

Morning Ethics Warm-Up: 8/24/17 [UPDATED]

/ Jack Marshall / 55 Comments

GOOD MORNING!

1. I’m moving this to the top from its original placement at the end. I warned that the mania for retroactive statue-toppling and historical air-brushing was a deadly slippery slope to cultural chaos from the moment Dylan Roof’s rampage primed the Confederate flag banning push. I said that there was no clear stop on that slope, and that this was a massive ethical error that would quickly spin out of control.

I am accepting apologies and “You were right, I was wrong” messages at jamproethics@verizon.net. I will reply gracefully.

2. It’s a good thing, in some ways, that President Trump has no ethics alarms, or has them but doesn’t understand what all the ringing means, because if he did, he might realize that he has put himself in ethics zugswang in the matter of former sheriff Joe Arpaio, the anti-illegal immigration zealot who is facing up to six months in jail for defying a federal judge’s order to stop targeting Latinos based solely on the suspicion of their legal status. Trump has been urged to pardon Arpaio. Let’s see:

  • Arpaio did defy a judicial order. Should a law enforcement official be treated especially harshly when he does this?

Yes.

  • The judicial order related to Arpaio’s practice of assuming that individuals of Hispanic descent were more likely to be violating the immigration laws in his jurisdiction than other citizens. Since his jurisdiction was rife with Hispanic illegals, was this an unreasonable assumption on his part? No. Was it still discriminatory? Sure. Is the balance between profiling, which in such situations is a valuable law-enforcement tool, and the importance of equal treatment under the law a difficult one legally and ethically? Yes. Does a sheriff have the right and authority to ignore the way this balance is decided one legal authorities define it?

No.

  • Is the determination of this balance often polluted by ideological biases, in this case, against enforcement of immigration laws?

Yes.

  • Do Donald Trump, and his supporters, and those Americans who may not be his supporters but who agree that allowing foreign citizens to breach our borders at will without legal penalties is certifiably insane, believe that Arpaio’s position on illegal immigration is essentially correct and just?

Yes.

  • Nonetheless, did his ham-handed methods give ammunition to open-borders, pro-illegal immigration, race-baiting activists like the one who told the New York Times,

“Trump is delivering a slap in the face to dignified, hard-working people whose lives were ripped apart by Arpaio. Arpaio belongs in jail, getting a taste of his own medicine. Trump wants to put Arpaio above the law, showing they are both about white supremacy.”

  • Is sending Arpaio to jail a political imprisonment?

Yes, although he made it easy to justify on non-political grounds.

  • Are political prisoners the ideal objects of Presidential pardons?

Yes.

  • Would pardoning him send dangerous messages (it’s OK to violate judicial orders you think are wrong; the ends justifies the means; Presidents should meddle in local law enforcement, “extremism in defense of liberty is no vice”) as well as defensible ones ( judges and elected official enabling illegal immigration are a threat to the rule of law; Joe is an old man with a long record of public service who deserves mercy even though he was wrong…)

Yes.

  • Will such a pardon, especially as the news media is again spinning to make the case that Trump is sympathetic with xenophobes and white nationalists, further inflame an overly emotional debate that needs to be calmed, not exacerbated?

God, yes.

  • Is the most responsible course for Trump to stay out of this mess?

YES!

  • Will he?

Of course not. Continue reading →

Morning Ethics Warm-Up: 8/23/17

/ Jack Marshall / 44 Comments

Good Morning!

(BOY, there are a lot of especially stupid ethics stories today…)

1. This:

That’s right: an Asian-American broadcaster who never fought for the South during the Civil War has been robbed of a job assignment because his virtue-signaling, grandstanding mega-corporation wants to side with the statute-toppling Left. ESPN regrets that the NAME of one of its broadcasters has become an issue? Who made it an issue? ESPN, that’s who.

Nah, there’s no slippery slope! Nah, this is just about Civil War generals! Nah, the people behind the historical purge or reasonable…they won’t just keep looking for more ways to claim they are being offended!

Can you tell I am losing patience with the defenders, enablers and rationalizes of this toxic nonsense?

2. Or is this dumber? From issue scout Neil, who writes, “Watch the video. [Trump] gestures for the crowd to look up at the sky, then makes a show of looking himself (though CLEARLY not actually trying to see the eclipse). I must have seen at least a dozen other  people yesterday scan the sky in a similar fashion before accidentally getting blinded by an eye-full of rays. The man is inept beyond belief, but he’s not wearing a bib. God this  irritates me.”

These are the ways that that the newsmedia signals to anyone with an open mind and not drooling, gnashing and recoiling at the sight of water from end-stages Anti-Trump Brain-Eating Virus infection that it cannot be trusted, and has traded of its integrity, honesty, fairness and objectivity to lead the “Destroy the Elected President of the United States” effort. No, the President did not actually look directly into the sun and blind himself. In fact, I did exactly the same thing he did when I glanced up at the sun sideways for a nanosecond wondering why so many idiots were lying on the ground wearing 3-D glasses. This is the epitome of fake news—fake, because the intent of the item is to mislead, and because it is no more news than “President uses wrong fork at State Dinner.” No other President, ever, under any scenario, would be covered this way, and no news publication would ever print anything so dumb unless it was certain that its readers were gullible, deranged, and even dumber.

Prof. Glenn Reynolds: “If the press and the political opposition — but I repeat myself — were just sober, straightforward, and honest they could beat Trump easily. But then, if they were capable of that, we wouldn’t have gotten Trump to begin with.”

3. My wife reminded me that I have been flagging deception in obnoxious ways since long before ProEthics and Ethics Alarms.  When we were dating, she had a bowl of soup at a Georgetown campus hangout called The Tombs, and I had a cup of the same soup, for $1.50 less. I asked the waitress for a clean bowl and cup,  and poured water into the cup until it was at soup-level, and then poured that water into the empty bowl, which it filled. Then I asked her to get the manager, whom I asked to explain why a bowl cost more than a cup when the amount of soup was the same. he had no explanation of course.

You’ll be amazed how many restaurants do this. Continue reading →

Accumulated Ethics Notes On The Charlottesville Riots, The Statue-Toppling Orgy and The Confederate Statuary Ethics Train Wreck, Part 3 Of 3: Potpouri! [Continued]

/ Jack Marshall / 37 Comments

  • Grandstanding as always, Nancy Pelosi proclaimed that all of the Confederates honored in the Capital Gallery should come down. How odd that this never occurred to her when she was Speaker of the House and the Democrats held the Senate and the White House.

The Gallery is exactly the kind of enclosed public space for display that the statue-topplers argue should house the controversial statuary, places where their context can be considered outside of the public square. They don’t mean it, though. They want the statues hidden away, so nobody will see then without searching for them like Indiana Jones.

  • It was nice of Duke to show just how calculated and hypocritical this sudden eruption of horror at long-standing monuments is. While the school is capitulating to students by removing another statue of Lee from its chapel, there seem to be no plans to tear down the statue of George Washington Duke  a Confederate soldier and a slave owner. Duke’s son, Buck, gave a large endowment to  what was then called Trinity College, and in appreciation, the school changed its name to Duke University. And this happened in the twenties, which proves that the real objective was to salute Jim Crow—or so we are being told now.

Duke was named after a confederate soldier and a slave owner, meaning that by the Left’s logic the entire school is a memorial to white supremacy and slavery. But the students who happily agreed to have his name appended to their life forever are traumatized by a campus statue of General Lee. Continue reading →