Rights

( PSSST! The Supreme Court Just Unanimously Pointed Out That The Courts Blocking The Trump Temporary Travel Ban Were Playing Partisan Politics, Not Objectively And Ethically Doing Their Jobs)

/ Jack Marshall / 56 Comments

As many predicted (including me), the Supreme Court unanimously slappped down the lower court injunctions based on claims that the Trump temporary travel restrictions on six Muslim countries were unconstitutional, writing,

But the injunctions reach much further than that: They also bar enforcement of §2(c) against foreign nationals abroad who have no connection to the United States at all. The equities relied on by the lower courts do not balance the same way in that context. Denying entry to such a foreign national does not burden any American party by reason of that party’s relationship with the foreign national. And the courts below did not conclude that exclusion in such circumstances would impose any legally relevant hardship on the foreign national himself. See id., at 762 (“[A]n unadmitted and nonresident alien . . . ha[s] no constitutional right of entry to this country”). So whatever burdens may result from enforcement of §2(c) against a foreign national who lacks any connection to this country,they are, at a minimum, a good deal less concrete than the hardships identified by the courts below.
At the same time, the Government’s interest in enforcing §2(c), and the Executive’s authority to do so, are undoubtedly at their peak when there is no tie between the foreign national and the United States. Indeed, EO–2 itself distinguishes between foreign nationals who have some connection to this country, and foreign nationals who do not, by establishing a case-by-case waiver system primarily for the benefit of individuals in the former category. See, e.g., §§3(c)(i)–(vi). The interest in preserving national security is “an urgent objective of the highest order.” Holder v. Humanitarian Law Project, 561 U. S. 1, 28 (2010). To prevent the Government from pursuing that objective by enforcing §2(c) against foreign nationals unconnected to the United States would appreciably injure its interests, without alleviating obvious hardship to anyone else.

…The Government’s application to stay the injunction with respect to §§6(a) and (b) is accordingly granted in part. Section 6(a) may not be enforced against an individual seeking admission as a refugee who can credibly claim a bona fide relationship with a person or entity in the United States. Nor may §6(b); that is, such a person may not be excluded pursuant to §6(b), even if the 50,000 person cap has been reached or exceeded. As applied to all other individuals, the provisions may take effect.

Got that?

“To prevent the Government from pursuing that objective by enforcing §2(c) against foreign nationals unconnected to the United States would appreciably injure its interests, without alleviating obvious hardship to anyone else.” Continue reading →

Ethical Quote Of The Month: Harvard Law Professor Jeannie Suk Gersen

/ Jack Marshall / 28 Comments

“We chose to set up our system to be stacked in favor of the defendant in all cases.So, in areas where most of the defendants are male, and most of the accusers are female, it’s a structural bias in favor of males. Even if we were to get rid of sexism, it would still be very hard to win these cases. I think this is what we have to live with on the criminal side, because we’ve made the calculation that this is the right balance of values.”

—-Jeannie Suk Gersen, Harvard Law School professor, explaining why the failure of a jury to convict Bill Cosby has little to do with sexism and everything to do with our standard of guilt in criminal cases.

The Professor could also have said, just as accurately,

‘We chose to set up our system to be stacked in favor of the defendant in all cases. So, in areas where the defendants are police officers, and most of the victims are black, it’s a structural bias in favor of cops. Even if we were to get rid of racism, it would still be very hard to win these cases. I think this is what we have to live with on the criminal side, because we’ve made the calculation that this is the right balance of values.’

It’s the exact same problem. The confusion comes when the public or a portion of it is  certain that particular defendant is guilty, and thus regards the failure of the system to find him so as proof of a malfunctioning justice system. It isn’t. It is proof that the system functions as it is supposed to, was designed to do and must do.  We do not take citizens’ freedom away unless guilt can be proven beyond a reasonable doubt under the evidence rules of the law. This is what Colin Kaepernick doesn’t understand. This is what Black Lives Matters refuses to understand. This is what feminists and the Obama Education Department, which commanded that universities give the benefit of the doubt to accusers in allegations of sexual assault rather than the accused, either refuse to understand or do understand but argue against anyway to pander to the ignorant.

Americans, however, must understand this principle, and not just understand but fight for it, because it is the foundation of the Rule of Law as well as our individual rights.

Before I am done I will probably have posted this scene from “A Man For All Seasons” more than a hundred times. Maybe I should post it every day. Those who casually advocate forging short-cuts and detours through our laws and rights as the remedy for what they perceive as intolerable wrongs need to see it, read the words, memorize them, and maybe be quizzed on the scene’s lesson as a condition predicate to being respected in any policy debate:

 

What Is The White House’s Obligation To Journalism And Journalists When They Are No Longer Behaving As Journalists Nor Abiding by Journalism Ethics?

/ Jack Marshall / 22 Comments

I know: I’m full of questions lately, and short on answers. I certainly don’t have an answer to this one, and the urgency of finding an answer, and a solution to the underlying crisis, is critical.

Here was Camille Paglia last week describing the state of American journalism:

“It’s obscene. It’s outrageous, OK? It shows that the Democrats are nothing now but words and fantasy and hallucination and Hollywood. There’s no journalism left. What’s happened to The New York Times? What’s happened to the major networks? It’s an outrage. I’m a professor of media studies, in addition to a professor of humanities, OK? And I think it’s absolutely grotesque the way my party has destroyed journalism. Right now, it is going to take decades to recover from this atrocity that’s going on where the news media have turned themselves over to the most childish fraternity, kind of buffoonish behavior.”

(I would link to a non-right wing source, but for some reason the mainstream media didn’t feel Paglia’s assessment was worth reporting. I wonder why?)

Now here was Peggy Noonan, in a Wall Street Journal op-ed:

“Dislike of Mr. Trump within the mainstream media is unalterable,” she wrote. “It permeates every network, from intern to executive producer and CEO. Here is a theory on what they’re thinking: They’re thinking attempts at fairness and balance in this charged atmosphere get them nowhere. They’re attacked by both sides. And anyway they think Mr. Trump is insane. They live on ratings, which determine advertising rates. Hillary Clinton got 2.9 million more votes than Mr. Trump, so the anti-Trump audience is larger.

Hillary Clinton got 2.9 million more votes than Mr. Trump, so the anti-Trump audience is larger. Moreover, people who oppose Mr. Trump tend to be more affluent, more educated, more urban. They’re more liberal, of course, and they’re younger. They’re a desirable demographic. The pro-Trump audience is more rural, more working- and middle-class, older. A particularly heartless media professional might sum them up this way: “Their next big lifestyle choice will be death.”

So, if you are a person who programs or sets the tone of network fare and you want to take a side—you shouldn’t, but you want to!—you throw your lot with the anti-Trump demo, serving them the kind of journalistic approaches and showbiz attitudes they’re likely to enjoy.

Mr. Trump, you are certain, won’t last: He’ll bring himself down or be brought down. You want to be with the winning side. So play to those who hate him, exclude others, call it integrity and reap the profits.”

Both women are substantially right at worst, despite the furious head-shaking you get from journalists, who are either in denial or corrupt, and most progressives and Democrats, who have every reason to deny the phenomenon because 1) they are the beneficiaries of it and 2) they have been leached of all integrity by emotion, arrogance, and bias.

Currently the mainstream news media is having a collective conniption because the White House is increasingly limiting reporter access. The journalists regard this as an ominous effort to constrain the free press, which it would be, except that the “free press” is not conducting itself as honest and trustworthy journalists are obligated to do.

If a lawyer practices law in blatant violation of the ethics rules, he or she doesn’t get to practice law any more. If a doctor breaches the ethical tenets of the medical profession, he or she is barred from treating patients. Journalism styles itself as a profession, meaning that it exists for the public good. Its ethical principles demand fairness, competence, responsible reporting, independence and objectivity. For a long, long time, what we still call “journalism’ for lack of a better name has not met any of these ethical ideals with sufficient consistency, and since the 2016 election, it has openly, shamelessly allied itself with the partisan effort to undermine and destroy the legally elected Presidency of Donald Trump. To do this, the mainstream news media has jettisoned its ethical values, and its right to be trusted by the public. As polls show, the public doesn’t trust them. The public still gives them more trust, out of habit, that they deserve.

For example, here’s a news flash: Continue reading →

Illegal Immigrant Ethics Do’s And Don’ts

/ Jack Marshall / 88 Comments

DON’T do this:

A customer’s cell phone video caught  a  7-Eleven clerk on Tampa, Florida screaming at a customer and asking about his immigration status after the customer used the Spanish word for ‘green’ to ask the clerk for a specific brand of cigarettes. The clerk demanded Hernandez speak English, and is is heard saying, “Are you here legally? Do you have papers? Do you have papers?”

This isn’t the clerk’s job, and if the company has not directed that all customers should not be treated with dignity, courtesy and respect, no employee should be going free-lance ICE on anyone.

A spokesman for the 7-11 owner  wrote, “Every customer is important. The statements made by the sales associate were inappropriate and offensive. We are investigating the matter and will ensure it is handled appropriately.”

“Appropriately” means firing the clerk. In addition to acting ultra vires, the clerk is also making the store unpleasant and unwelcoming for other customers, risking an escalating confrontation, and being a jerk while representing the enterprise. Wrong, wrong, and wrong.

However…

Continue reading →

California “Ethics”

/ Jack Marshall / 77 Comments

California is not only rapidly exiting mainstream U.S. culture, it is forging its own distorted and unethical version of right and wrong.

Three alarming examples:

1. Forging ahead with single payer, and reality be damned.

The Sacramento Bee  pointed out that by replacing current state-run health programs with a single-payer system, the state would still need to come up with an additional $200 billion annually.This year’s state budget in California is about $180 billion. Yes, implementing a single-payer health care system would require doubling California’s current tax burden.

Oh, never mind! The state Senate voted 23 to 14 this month in favor of SB 562, a single-payer proposal that would guarantee universal health care to all Californians. “What we did today was really approve the concept of a single-payer system in California,” declared state Senator Ricardo Lara following the vote.

No, what they did was reaffirm the fact that progressive cant refuses to yield in the face of cold, hard facts, math, reason and common sense. The cheerleading from the Left is mind-numbing. Writes the Nation: “If health care is a right—and it is—the only honest response to the current crisis is the single-payer “Medicare for All” reform that would bring the United States in line with humane and responsible countries worldwide.”

Well, let’s see: health care is NOT a right except in Left-Wing Fantasyland, and all of those “humane and responsible countries” have crushing tax burdens, reduced liberty, economic instability, crushing debt and completely different values, priorities and responsibilities than those of the United States.

Ethics is only ethical when it is practical and practicable in the real world. The ethical response to the fact that single-payer doubles the state budget is to say, “Oh. Well, obviously we can’t do that, then. On to plan B.”

2. That minimum wage increase that Gov. Brown said was based on principle rather than economics? Yeah, about that…

Continue reading →

New York Times: ‘Now That The Supreme Court Has Ruled That Our Position Was Progressive Censorious Jack-Boot Political Correctness Enforcement, We Didn’t Mean It’

/ Jack Marshall / 28 Comments

 

How can anyone take the New York Times seriously anymore as an objective source of commentary, reporting and analysis?

Here is a hilarious section from today’s editorial celebrating the Supreme Court’s unanimous decision in Matal v. Tam as a victory for free speech:

Writing for the majority, Justice Samuel Alito said the law violates a “bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.” That’s the right call. The First Amendment bars the government from discriminating among speakers based on their viewpoints. In this case, the Trademark Office did that by blocking only registrations for trademarks it determined to have negative connotations. …The decision is likely to help the Washington Redskins, who lost their trademark protections in 2014 after years of complaints from Native American groups. At the time, this page supported the Trademark Office’s decision, and we still regard the Redskins name as offensive. Based on this case, however, we’ve since reconsidered our underlying position.

Really? When did the Times reconsider that “underlying position”? It reconsidered it only when the Supreme Court made it crystal clear that the government’s attempt to bully the Redskins into changing their name was a neon-bright, obvious First Amendment breach that any non-partisanship-addled person of moderate intelligence should be able to discern, thus constituting an embarrassment for a renowned First Amendment-protected entity—the Times—that couldn’t discern it, or that didn’t have the integrity to oppose its ideological allies by stating the inconvenient truth.

The Times endorsed the underlying position that the government could dictate what was “acceptable” speech because Harry Reid’s Democrats and the Obama Administration were doing the dictating on behalf of a core Democratic Party constituency and the progressives that constitute the Times’s readership.

What a cynical, biased, dishonest, corrupt and untrustworthy news source the New York Times has become.

Morning Ethics Warm-Up: 6/20/17

/ Jack Marshall / 54 Comments

1. It isn’t just the President’s boorish role modelling and the misbehavior and incivility of his opposition that makes me fear for the ethics alarms of our rising generation. The long-term results of people being able to isolate themselves from social contact—and the social skills and sensitivities that direct, face to face contact nurture—by constant attention to electronic devices is a matter for concern. Yesterday, I became aware of another danger.

I heard, on the new Sirius-XM Beatles channel, a recording of Paul McCartney singing my favorite song from “Guys and Dolls,” a sweet ballad sung in the musical by an elderly father to his grown daughter during her romantic crisis.

McCartney has a foot in two cultures and always has. As much as a rock and pop innovator as he was, Paul was also steeped in the traditional love songs of his parent’s generation, including Broadway. Today both of McCartney’s feet are planted where nobody under the age of 30 is likely to tread, and that is natural. Yet it seems that popular music is increasingly devoid of tenderness, empathy and compassion. Hip-Hop, particularly, seems immune from being able to express a sentiment like that in Frank Loesser’s nearly  70-year-old song that Paul McCartney obviously understands. I wonder, and worry. how many of today’s young Americans understand it, or will grow up with the capacity to do so.

Here’s Bing crooning the same song…

You know I love ya, Bing, but the Moptop wins this round.

2. There was some discussion on a thread here yesterday about the ethics of interests outside the state putting so much money into Georgia’s 6th congressional district’s special election. The House was designed to give communities a say in the national government, so to the extent that a local election is warped by interests outside the community—the Democrat, Jon Ossoff, is a carpetbagger who doesn’t live in the district—it’s a violation of the spirit of the Constitution and the ideal of American democracy. Some have even made an analogy to foreign governments interfering in U.S. elections. On the other hand, all this outside “interference” consists of are words, ads, and marketing. The district’s residents still are the ones who vote. If they are so easily swayed by slick ads and robocalls, that’s their responsibility. (There may even be a backlash.) Continue reading →

The Supreme Court Rules Against Government-Enforced Political Correctness

/ Jack Marshall / 15 Comments

The Supreme Court affirmed today that a Trademark law’s restriction on registration of disparaging marks violates the free speech guarantees of the US Constitution. In the case of Matal v. Tam, the Court (as Ethics Alarms predicted over a year ago) ruled that the government cannot legally  deny a trademark to companies or other applicants solely on the basis of the name being regarded as “offensive.”

Good.

The case concerned  an Asian-American band called The Slants, but the decision effectively settles the Washington Redskins’ fight to retain the trademark on its nickname. Harry Reid, also engaging in unconstitutional infringement of free speech, had his Democrats in the Senate send a threatening letter to team owner Dan Snyder, while the U.S. Patent and Trademark Office (PTO), taking its cues from the Obama Administration theme that race and victim-mongering  trumps basic rights, ruled that the Washington NFL team’s name was “disparaging to Native Americans,” and cancelled six of its federal trademark registrations. The team appealed that verdict, and team owner Dan Snyder has vowed not to cave to illegal bullying from the government.

Thanks to the ruling—did I mention that it was unanimous?—the PTO will begin allowing registration of disparaging marks and will not cancel Registered marks because they are disparaging.

The last time I addressed this issue, in December of 2015, I wrote,

“I would like to see Snyder fight off the unethical government speech bullies, foil the political correctness hordes, and then, after he hasn’t heard a peep about team for a couple of years quietly change the anachronistic team name on his own volition. It’s time. The message sent by capitulating to the activists trying to force him to change, however, would be the same dangerous message sent by today’s college administrators, which is that a claim of offense doesn’t have to be reasonable to effectively muzzle speech, just persistent.”

I also wrote, somewhat more passionately ,in an earlier post, Continue reading →

Unethical Quote Of The Week: Gateway Pundit’s Lucian Wintrich

/ Jack Marshall / 4 Comments

“On Friday, June 16, 2017, Laura Loomer, a patriot activist and journalist, took the stage at Shakespeare in the Park’s performance of “Julius Caesar”, a performance where liberals applaud as President Trump’s assassination is shown in full bloody detail. Laura was arrested for speaking out against this performance.”

Lucian Wintrich on the right wing blog Gateway Pundit, describing the disruption of the Shakespeare in the Park “Julius Caesar “production

What makes a blog post especially unethical? Oh, many things: misstatement of facts, ignorant analysis, sensationalism, incompetence, not being able to distinguish right from wrong and good from bad, appeal to bias and stupidity. Wintrich’s post, absurdly called “Proud Conservative Woman Was Arrested Friday at Trump Assassination Play – Help Pay Her Legal Fees *HERE*!” has all of this and more.

The conservative woman, along with her conservative male partner in attempted censorship, has nothing to be proud of. She’s proud of emulating the leftist crypto-fascist students who have been using intimidation and riots to prevent conservatives from speaking? She’s not a patriot, since patriots don’t intentionally ignore core American principles like freedom of expression and speech whenever they feel like it. The word Wintrich is looking for in his limited vocabulary is “hypocrite.”

She was also not arrested for “speaking out” against this performance. This can only be a lie, or Wintrich is too stupid to be allowed to put his shoes on by himself. You cannot be arrested in the U.S. for “speaking out,” and nobody ever is. He is trying to inflame the stupid and ignorant, or he is stupid and ignorant. Laura, the jerk, was arrested for interrupting a theatrical performance that she had absolutely no right or justification to disrupt. Just so there is no mistaking his dishonest, inflammatory and ignorant description as entirely deliberate, Wintrich, the hack, repeats it, writing,

“The left keeps calling President Trump a fascist dictator, but speaking out against assassinating a Democratically elected President apparently gets you arrested in New York City.”

Continue reading →

Ethics Quote Of The Week: Ken White of Popehat

/ Jack Marshall / 13 Comments

“A few hysterically censorious kids screaming for a professor’s termination for crimethink do not threaten the foundations of free speech, but Yale lauding them does. Relatively few thugs disrupting a speech and even physically assaulting a professor don’t call into question the culture’s support for free speech, but Middlebury offering weak slaps on the wrist and shrugs for that violent behavior does. A violent mob in Berkeley does not undermine the legitimacy of free speech doctrine — a mob is a mob — but Berkeley’s timorousness or indifference in the face of violent censorship does. Students furious at a professor disagreeing with them don’t call into question the nation’s commitment to freedom, but state officials refusing to guarantee a professor’s safety do. In short: the regrettable behavior of officials who have failed to stand up to disruption of speech are the people most responsible for legitimizing further disruptions of speech, whoever commits them.”

——Lawyer/blogger/ free speech champion Ken White, writing about efforts on both the Left and the Right to interfere with or punish speech and opinions they don’t approve of.

Well and truly said, Ken.

Ken continues,

“But we can, and should, do better. Commitment to free speech as an American value — as an element of American exceptionalism — has always required tolerating evil and injustice and idiocy. We don’t refrain from disrupting speech because the speakers deserve it, or because we’ve been treated fairly by the speakers or their allies. We refrain from disruption — and ought to punish those who disrupt — because free speech is the necessary prerequisite of a society based on individual rights and freedoms. It’s the right that’s the gateway to all other rights. Shrugging and abandoning it as a value is an abandonment of our commitment to all rights.”

Why is this so hard to teach in colleges? Perhaps because the faculties and administrators prefer that their students never learn it.