Ethics Heroes: The California State Legislature And Gov. Jerry Brown

governor-brown

Usually, when Ethics Alarms headlines California’s lawmakers, it is because they have done something irresponsible, like in this postthis one,  and my personal favorite, this one, in which Governor Jerry Brown signed a minimum wage law that he admitted might not make economic sense, because it was consistent with partisan fantasies.

But a blind pig might find a truffle, every dog has its day, and even a stopped clock is right occasionally. California just passed a desperately needed law that no other state has had the courage to pass. Its purpose: take serious measures to stop prosecutorial misconduct that sends innocent people to jail, a problem that is rampant everywhere in the U.S., but particularly bad in the Golden State.

Brown just signed into law a new statute making it a felony for prosecutors to alter or intentionally withhold evidence that could be used to exonerate defendants. Violators could be sentenced to up to three years in prison. That’s not nearly enough punishment when the crime often robs innocent citizens of decades of their lives, but it sends an important, and one hopes an effective, warning…with teeth. Continue reading

Ethics Dunce: Northern Michigan University

"...but just shut the hell up abut it, or we'll have to suspend you.  Love, The Administration"

“…but just shut the hell up about it, or we’ll have to suspend you.
Love, The Administration”

Episodes like this, coming out of the wreckage we call higher education, raise at least three troubling questions:

1. If universities are this ignorant of the principle of free speech, why is anyone surprised that our younger generations are so willing to sacrifice it for political ends?

2. How can institutions run by administrators this immune to basic ethical decision-making reasoning be trusted to competently educate their students?

3. How many equally outrageous policies do schools inflict on their students that we don’t hear about?

Northern Michigan University installed threatens students with discipline if they share suicidal thoughts with other students.

FIRE, as usual, is on the case, and has written to the school to explain to them why this is abusive and a flagrant First Amendment violation. One student who had received a warning about her discussing about her suicidal feelings with her friends on campus, and was told not to have such conversations. She asked for clarification from Associate Dean of Students Mary Brundage, writing,

Just to clarify, the email said that if I spoke to students about it that it would create a distraction—which could create disciplinary action against me. . . . I was also wondering if I respond to concerned people, is that enough to get me in trouble? I do not want to worry others by not responding and I do not want to have the possibility of getting expelled by reaching out to my friends during this emotionally trying time and I see the possibility of misunderstanding or getting more concerned.

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OK, Voter ID Opponents, Here’s An Integrity Test: Is This A Smoking Gun Or An Amazing Coincidence?

Wow! Just a handful of fraudulent voters in the whole country for years, and one of them just happens to be captured for terrorism! What are the odds?

Wow! Just a handful of fraudulent voters in the whole country for years, and one of them just happens to be captured for terrorism! What are the odds?

Those opposing voter ID requirements as a thinly-veiled Republican effort to suppress black voting maintain that there is no need for identification at the polls because voter fraud doesn’t exist. Last week, discussing the controversy,  I flagged a New York Times editorial  titled, The Success of the Voter Fraud Myth.

It argued in part,

As study after study has shown, there is virtually no voter fraud anywhere in the country. The most comprehensive investigation to date found that out of one billion votes cast in all American elections between 2000 and 2014, there were 31 possible cases of impersonation fraud. Other violations — like absentee ballot fraud, multiple voting and registration fraud — are also exceedingly rare. So why do so many people continue to believe this falsehood?

Wendy Weiser, director of the Democracy Program at the Brennan Center for Justice, wrote in U.S. News & World Report in 2012  that voter fraud didn’t exist:

“Voter fraud would be a real problem if it actually happened. It’s a serious crime, and one that can undermine our democracy. Fortunately, it’s a crime we have largely figured out how to prevent.”

Huh.

Well then, what does this mean?

From King5 TV (NBC):

The Cascade Mall shooting suspect, Arcan Cetin, may face an additional investigation related to his voting record and citizenship status.

Federal sources confirm to KING 5 that Cetin was not a U.S. citizen, meaning legally he cannot vote. However, state records show Cetin registered to vote in 2014 and participated in three election cycles, including the May presidential primary.

Cetin, who immigrated to the United States from Turkey as a child, is considered a permanent resident or green card holder. While a permanent resident can apply for U.S. citizenship after a certain period of time, sources tell KING his status had not changed from green card holder to U.S. citizen.

While voters must attest to citizenship upon registering online or registering to vote at the Department of Licensing Office, Washington state doesn’t require proof of citizenship. Therefore elections officials say the state’s elections system operates, more or less, under an honor system.

“We don’t have a provision in state law that allows us either county elections officials or the Secretary of State’s office to verify someone’s citizenship,” explained Secretary of State Kim Wyman. “So, we’re in this place where we want to make sure we’re maintaining people’s confidence in the elections and the integrity of the process, but also that we’re giving this individual, like we would any voter, his due process. We’re moving forward, and that investigation is really coming out of the investigation from the shootings.”

The penalty for voting as a non U.S. citizen could result in five years of prison time or a $10,000, according to Secretary of State’s Office.

The options are: Continue reading

Without Courage, Integrity And Professionalism In The Legal Profession, The Rule Of Law Hasn’t A Prayer: The House of Representatives v. Burwell Saga

" Nice law firm you got here. Too bad if something were to happen to it..."

” Nice law firm you got here. Too bad if something were to happen to it…”

As I explained  here and here in 2015, the process of judicially determining whether the Defense of Marriage Act was constitutional or not was unethically sabotaged by  threats to and improper lobbying of the law firm that had agreed to defend it. The Justice Department and the President had refused to do their sworn duty to uphold the laws of the United States, and same-sex marriage activists pressured the biggest client of the firm that had accepted the case to pass the pressure along. It worked. The firm dropped the case, precipitating a resignation by the partner handling it and this ringing assertion of traditional legal ethics:

“…[D]efending unpopular positions is what lawyers do. The adversary system of justice depends on it, especially in cases where the passions run high. Efforts to delegitimize any representation for one side of a legal controversy are a profound threat to the rule of law.”

This was, we are learning, not an anomaly. On the Volokh Conspiracy, law professor Josh Blackmon relates how the same strategy of applying of unethical political pressure, and the unprofessional capitulation of major law firms to it, nearly made a legitimate challenge to illegal payments to insurers under Obamacare impossible. He explains in part: Continue reading

Observations On The First Trump-Clinton Debate

first-2016-debate

It was as predictable as it was tragic: on Drudge shortly after the debate, his debate poll showed that over 90% of Matt’s readers—almost as high a percentage as that of black Americans who believe Barack Obama has been a great President—believed that Donald Trump won. At CNN, the percentages weren’t as lopsided, but still reversed: about 70% believed Hillary won. Confirmation bias rules supreme in such settings, and bias makes us stupid. Fortunately, as my analysis of these two awful candidates should have proven by now, I have no biases in this race. I would like to see both candidates lose,and badly. Indeed, as both are the political equivalents of virulent cancers on the culture and potentially the office they seek, I would like to learn that both have mysteriously vanished without a trace, like Judge Crater, Ambrose Bierce, Rick Moranis, or Gilbert O’Sullivan

Observations on last night’s debate:

1. The conservative websites are whining about Lester Holt serving as the “third debater” last night. In a word, baloney. Holt did all right, not great,  in an impossible role, primarily by letting the combatants talk; in fact, a heavier moderator hand would have been preferable.  The birther question to Trump and the “Presidential look” questions were undoubtedly moderator shots at Trump, but shots like that are opportunities too. Trump didn’t handle either well. Character is the issue with Trump, not policy, and those were character questions that he should have been prepared for. Maybe he was; maybe those pathetic answers were Trumps’ idea of good ones. Yes, Holt pressed Trump on the ultimately irrelevant issue of whether he was or was not in favor of the Iraq invasion and when, but that was also an appropriate approach for a moderator, and it gave Trump a chance to clarify his position, if one can ever use “clarify” and “Trump” in the same sentence.

As an aside, I wonder if “Sean Hannity can back me up” is the lamest defense ever uttered in a Presidential debate. It may be.

2. Trump was Trump, that’s all, and perhaps a slightly less offensive and more substantive version than usual. Hillary was smug, with a frozen smile and an expression that said, “Boy, is this guy an idiot!” all debate long. That’s a big mistake, for virtually nobody likes smug. Trump’s expression toward Hillary was usually one of a wary and respectful foe. He was listening, she was sneering. Her repeated call for “fact-checking” was weak, and appeared to be appeals for assistance. Continue reading

California Decides It’s The Government’s Function To Help Actors Pretend They Are Younger Than They Really Are

picture-of-a-birthday-cake-with-lots-of-candles

California increasingly appears to be hell bent on serving as the cautionary example of how the belief that government has an unlimited brief to meddle in everything leads to abuse and derangement.

Gov. Jerry Brown last week signed legislation that prevents  entertainment websites such as the Internet Movie Database (IMDb),from posting an actor’s age or birthday if the actor doesn’t want anyone to know how old he or she is.

The law, which becomes effective January 1, applies to entertainment database sites that allow paid subscribers to post resumes, headshots or other information for prospective employers. Only a paying subscriber can make a removal or non-publication request. The beneficial end that supposedly justifies  this unconstitutional and suppressive means is that age discrimination is allegedly rampant in show business.

“Even though it is against both federal and state law, age discrimination persists in the entertainment industry,” Golden State legislature Majority Leader Ian Calderon, D-Whittier, said in a statement. “AB 1687 provides the necessary tools to remove age information from online profiles on employment referral websites to help prevent this type of discrimination.”

Naturally the actor unions are all for this form of government censorship. “Gov. Jerry Brown today stood with thousands of film and television professionals and concerned Californians who urged him to sign AB 1687, a California law that will help prevent age discrimination in film and television casting and hiring,” said SAG-AFTRA President Gabrielle Carteris. You remember Gabby, don’t you? She was the brainy, non-sexy teen in the original “Beverly Hills 90210.” I’m sure she thinks the reason her career tanked as she edged into middle age was “discrimination.”

I’ve seen you act, Gabrielle. It wasn’t. Continue reading

Tales Of The Insidious Double Standard: SNL’s New Latina’s Tweets

You better be hilarious, kid...

You better be hilarious, kid…

 Saturday Night Live recently announced that it was hiring its first Latina cast member, as the show has finally capitulated to placing diversity over humor as a priority. Mexican-American comedian Melissa Villaseñor, 28,  the designated quota-filler, barely had time to take a victory lap before that mean internet thingy tracked down some embarrassing baggage, especially for a performer recruited to buff SNL’s progressive credentials. Aura Bogado, a writer for Grist,  tweeted that Villaseñor had deleted more than 2,000 tweets from her archives over the course of a week.

Why, you ask? Well, because there were tweets like this…

snl-tweet5

aaaand THIS…
snl-tweet4…this:
snl-tweet-1
…THIS…

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Comment of the Day: “Comment of the Day: ‘Observations On The Instapundit’s Tweet'”

charlotte4

I am often disappointed in the volume and balance of comments on particular posts here. Yesterday, I was waiting for someone to defend the extreme reaction to Glenn Reynold’s unseemly tweet regarding the Charlotte riots, and was especially interested in hearing arguments why Mariners catcher Steve Clevenger’s blunt tweets were “racist” as so many headlines were calling them. Admittedly, I was waiting for such arguments because it would be so easy and fun to reduce them to rubble, but still: where are the people who want to stifle speech and opinion, and who believe that criticizing violent rioters and Black Lives Matter should be punished so severely? Clevenger has been docked about $28,000 for expressing an opinion on Twitter, and sportswriters, who get paid to opine, often cretinously, on the web every day, are cheering. I know defenders of speech and opinion suppression are out there, but they are mute, rationalizing, I think, that they are right but those brutes on Ethics Alarms are too primitive to understand.

At least many of the comments that the posts have spawned are of high quality and extremely thoughtful. This is the second Comment of the Day inspired by them, by Chris Bentley:

I was thinking about a particular topic as I drove home from work today, about why people, mostly people on the left, justify and rationalize the behavior of looters during riots. After reading Jack’s initial post regarding Instapundit, I went to read the linked Reason.com article, and then checked out the comments section. One person, with the screen name Krabapple, made the following comment:

“Yeah sorry I can’t take seriously moderation from a company that allows the hashtag #killallwhitepeople but not this.” Continue reading

Next Up At Bat On “Controversial Tweet Friday,” The Reserve Catcher’s Tweets!

cropped_clevenger

Like Prof. Reynolds, Seattle Mariners second-string catcher  Steve Clevenger decided to express his unhappiness with the riots in Charlotte using his Twitter account, and also like the “Instapundit,” found himself in trouble as a result. Before posting the above tweet, Clevenger wrote this as his introduction:

cropped_steve_clevenger1Twitter didn’t suspend Clevenger’s account, but his employer, a baseball team located in a very liberal city and also a team that is embroiled in a desperate fight to make the play-offs, reacted initially with this, also on Twitter…

mariners-tweet

Clevenger apparently didn’t expect that his tweets would suddenly result in his being labelled as a racist blight on humanity  by the many, many, people on social media who live for such incidents, and he quickly released a long and emotional apology:

First and foremost I would like to apologize to the Seattle Mariners, my teammates, my family and the fans of our great game for the distraction my tweets on my personal twitter page caused when they went public earlier today. I am sickened by the idea that anyone would think of me in racist terms. My tweets were reactionary to the events I saw on the news and were worded beyond poorly at best and I can see how and why someone could read into my tweets far more deeply than how I actually feel.

“I grew up on the streets of Baltimore, a city I love to this very day. I grew up in a very culturally diverse area of America and I am very proud to come from there. I am also proud that my inner circle of friends has never been defined by race but by the content of their character. Any former teammate or anyone who has met me can attest to this and I pride myself on not being a judgemental person. I just ask that the public not judge me because of an ill worded tweet.

“I do believe that supporting our First Amendment rights and supporting local law enforcement are not mutually exclusive. With everything going on in the world I really just want what is best for everyone regardless of who they are. I like many Americans are frustrated by a lot of things in the world and I would like to be a part of the dialogue moving forward to make this a better world for everyone.

” I once again apologize to anyone who was offended today and I just ask you not judge me off of a social media posting. Thank you and God bless everyone.”

Steve Clevenger

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Observations On The Instapundit’s Tweet

reynolds-tweet

Yesterday, conservative law professor, author and blogger Glenn Reynolds learned that Twitter had suspended his account, and he wrote on his iconic website Instapundit...

Can’t imagine why they’d do that, except that it seems to be happening to a lot of people for no obvious reason. It’s as if, despite assurances to the contrary, Twitter is out to silence voices it disagrees with or something.

Then he learned that his offense was the above tweet. Reynolds wrote…

Sorry, blocking the interstate is dangerous, and trapping people in their cars is a threat. Driving on is self-preservation, especially when we’ve had mobs destroying property and injuring and killing people. But if Twitter doesn’t like me, I’m happy to stop providing them with free content.

and..

“Run them down” perhaps didn’t capture this fully, but it’s Twitter, where character limits stand in the way of nuance”

But one of Reynolds’ extra-curricular gigs (he is a University of Tennessee law professor) is monthly columnist for USA Today. After the progressive Furies took to social media and demanded that he be fired from the law school, dropped by the newspaper and forced to wander in the wilderness in sackcloth, Gannett’s paper suspended him for a month.

Reynolds was reinstated by Twitter after purging the offending tweet, and he issued this mea culpa to USA Today:

Wednesday night one of my 580,000 tweets blew up. I didn’t live up to my own standards, and I didn’t meet USA TODAY’s standards. For that I apologize, to USA TODAY readers and to my followers on social media.

I was following the riots in Charlotte, against a background of reports of violence. Joe Bruno of WSOC9 interviewed a driver whose truck had been stopped by a mob. Trapped in her cab, she “feared for her life” as her cargo was looted. Then I retweeted a report of mobs “stopping traffic and surrounding vehicles” with the comment, “Run them down.”

Those words can easily be taken to advocate drivers going out of their way to run down protesters. I meant no such thing, and I’m sorry it seemed I did. What I meant is that drivers who feel their lives are in danger from a violent mob should not stop their vehicles. I remember Reginald Denny, a truck driver who was beaten nearly to death by a mob during the 1992 Los Angeles riots. My tweet should have said, “Keep driving,” or “Don’t stop.”

I have always supported peaceful protests, speaking out against police militarization and excessive police violence in my USA TODAY columns, on my website and on Twitter itself. I understand why people misunderstood my tweet and regret that I was not clearer.

Today, Reynolds wrote on Instapundit:

TWITTER HAS UNBLOCKED MY ACCOUNT ON CONDITION OF DELETING THE OFFENDING TWEET. But lest I be accused of airbrushing, it’s preserved here. Still planning on quitting Twitter, though, after making a few points. Earlier post is here. UPDATE: From Nick Gillespie at Reason: In Defense Of InstaPundit’s Glenn Reynolds. “Whatever you think of the tastefulness of his suggestion regarding the protesters in Charlotte, the idea that he is seriously inciting any sort of actual or real threat is risible.”

Related: “Glenn Reynolds is old enough to remember Reginald Denny. (Look it up, kids.)”

and

SO MY USA TODAY COLUMN is suspended for a month. My statement is here. I don’t apologize for saying that you shouldn’t stop for angry mobs, even if they’re blocking your way. But I could have said it better

Observations:

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