Rights

Halloween Ethics Meets Campus Ethics Meets The First Amendment, And Stupidly, Too

/ Jack Marshall / 35 Comments

costume-lunching

I didn’t want to write about this, as I am having to defend too many jerks of late,but multiple readers have flagged it, and besides, there hasn’t been a good Halloween costume controversy this year. This one isn’t good, but it will have to do.

During the University of Wisconsin football home game against Nebraska, one fan in faux prison garb wore a mask of Democratic presidential nominee Hillary Clinton over his face, and a mask of Obama on the back of his head, as another person wearing a mask of Republican nominee Donald Trump held the end of a noose that was looped around the Hillary/Obama individual’s neck.

Key points:

1. It was Halloween weekend. Costumes were not out of place.

2. It was a two person costume, and an incoherent one that would support multiple interpretations. Was it an attack on Trump, accusing him of being racist or wanting to harm Hillary? Was it an endorsement of Trump, arguing that Hillary should be punished? Was it intended to evoke lynching imagery? Was it saying that Hillary was the equivalent of Obama? A sign worn by Hillary/Obama, which nobody who wasn’t close up could read, concluded, “Bernie 2016.”

3. This was unequivocally political speech, whatever it was supposed to mean.

4. The University has some discretion to forbid expression and conduct at a sporting event that risk creating violence or that are objectively uncivil .

5. Anyone who uses lynching imagery in public, in any connection to a back public figure, or any African American at all, is an asshole at best. This is a public event intended to be entertaining and a family-friendly activity. Using it for political theater is obnoxious. The civil place for this costume, if anywhere, was in front of the stadium, on the sidewalk. Continue reading →

As We Watch The Hillary Corrupted News Media Today Facilitate Her Campaign’s Furious And Desperate Attack On James Comey, Let Us Not Forget What The Real Threat To The Election’s Integrity Is…[UPDATED]

/ Jack Marshall / 33 Comments

pointing-up

…and that would be the dangerous alliance between the party controlling in the White House and the organizations and individuals trusted by the public to fairly and objectively inform it sufficiently to make a responsible choice.

I’ll be covering the astounding wave of disinformation, distortions and unethical conduct by those who should know better in the ongoing effort to crucify James Comey in a bit. Meanwhile, another Wikileaks hack provides some more perspective on the perils to democracy posed by the Democratic Party’s and the Clinton organization’s belief that cheating is an acceptable way to obtain and keep power.

As Ethics Alarms pointed out, DNC Chair Donna Brazile melted into sputtering protests, denials and gibberish when confronted with the clear evidence, via a Wikileaks hacked e-mail, that she unethically used her position at CNN to pass along a question to Hillary Clinton in advance of a CNN town meeting, so Clinton could prepare an answer in advance (and pretend that she had no prior knowledge of the question. This kind of lie, and it is a lie, never makes it onto the lists when Hillary enablers claim that Trump lies more than she does.) She would never do that!, Donna postured.

Another e-mail, from the same source, shows that this too was a lie.

In the latest revelation, Brazile, still working for CNN and bound by journalism ethics, told Hillary what question was on the way, and identified the questioner:

donna-b-tweet

“Rigging,” anyone? Continue reading →

Chilling Speech And Expression At Smith: The Scariest Thing About This Is Not The Story Itself, But That Alarm Over It Is Not Bi-Partisan

/ Jack Marshall / 44 Comments

phone-call

Students at Smith College now have access to an anonymous 24 hour bias hotline and online portal for reporting what the complaining caller regards as bias, discrimination, and harassment. These offenses can be whatever a student thinks it is.

The service will be run by EthicsPoint, a  service used by prestigious institutions like Amherst College, Tufts University, and Brown University. The conduct being reported doesn’t have to be illegal,  Smith says,  only “unfair,” “uninvited,” or “unwelcome” as well as what someone regards as “bigotry, harassment, or intimidation.”  Expressing support for the Republican nominee for President, for example, risks being called “bigotry.” A forceful argument that it isn’t bigotry might be taken as intimidation.

According to the EthicsPoint reporting portal, misconduct can include “but is not limited to, slurs, graffiti, written messages, or images.” A Smith College spokeswoman  told Campus Reform that “Smith has adopted EthicsPoint—a service used by more than 800 higher education institutions around the world—as a supplement to, not a replacement for, existing in-house options.”

This is an “everybody does it” excuse for the inexcusable, indeed, for the totalitarian. Since the reporting portal does not require a login, anyone, regardless of whether they are students or affiliated with the college, can report a student for being “offensive.”  Articles about this Orwellian development express concern that it might lead to self-censorship and chill free speech. Gee, do you think so? Of course this “report your classmates for non-conforming ideas that offend you” system chills speech. It is intended to chill speech. After four years under such a system, a typical Smith student should be completely conditioned never to speak or, better yet, think non-progressive thoughts. Continue reading →

More Clown Ethics: The County That Banned Bozo

/ Jack Marshall / 9 Comments

bozo

An alternate title was “The County Run By People So Ignorant Of The Constitution That They Think You Can Tell People How To Dress And Who Will Be Easy Pickings When The Democrats Decide To Ban What They Decide Is “Hate Speech,” but I thought it was a little too long.

The mass Ethics Dunce in question is Mississippi’s Kemper County, which in response to the evil clown hysteria embarrassing the nation almost as much as the evil Presidential candidates hysteria, enacted a clown ban this week, forbidding people from dressing as clowns until after Halloween. Anyone caught in public wearing a clown costume, mask or makeup will face a $150 fine.

This is, of course, ironic, since any elected officials voting for such a ban are, by definition, clowns themselves.

County supervisors president Johnny Whitsett justified this overly broad law and per se violation of the Constitution as a matter of public safety because, he said, people “could react badly if they get scared by a clown in their yard.” Wait: how does my wearing clown shoes and a red nose in my yard scare someone in their yard?

Boy, I can’t wait until I am retired, rich, and at leisure to go down to future Kember Counties and get arrested for being dressed like Bozo.

In these tiny, trivial, stupid examples of elected officials proving themselves ignorant of our rights and protections are the seeds of the destruction of American liberty.

Meanwhile, non-government entities, which are legally free to reject the principle of free expression but not ethically free to get away with it, at least on this little corner of the Internet, have revealed their own censorious clown DNA. Target, for example, has removed clown masks from its stores and website. “Given the current environment, we have made the decision to remove a variety of clown masks from our assortment, both in stores and online,” the Big Box chain announced through a spokesman.

This is consistent with the current reasoning of the increasingly totalitarian left on guns and other commodities, that if a small minority of citizens abuse a product or right, the rest of us have to do without. Again, I look forward to my future career as the Ethics George Soros, funding nation-wide Scary Hair Dryer User  hoaxes to see if Target will ban hair dryers too.

In The Latest Episode Of “As The News Media Disgraces Itself,” Chris Cuomo Reveals Himself As An Incompetent Fool

/ Jack Marshall / 18 Comments

The public cannot trust what the star lawyer-anchor of a morning news program on a major news network says about the law with utter certainty.

The public cannot trust the major news network to correct the false information so conveyed in a timely fashion.

The public cannot trust that major news network.

Unproven hypothesis: The public cannot trust any news network.

Never mind the hypothesis, however. Let us just deal for now with the lawyer/host/news anchor, Chris Cuomo, his inattentive network, and this ridiculous statement he uttered as authoritative fact last week:

”Also interesting is, remember, it’s illegal to possess these stolen documents. It’s different for the media, so everything you’re learning about this, you’re learning from us.”

What?

“So everything you’re learning about this, you’re learning from us” would appear to state that it’s illegal for the public to even read the hacked e-mails, which anyone can do here. That can’t be right, and of course is nonsense: anyone can read anything that is available on the web. It is also a sinister theory, claiming that we have to rely on the interpretation, selective reporting, spin and biased analysis of media hacks like Chris Cuomo, because the law says we can’t download or read such material ourselves. Where did  Cuomo, a licensed lawyer, get a crack-brained idea like that? More important, why couldn’t he figure out it was ridiculous using common sense? A law degree is hardly necessary, if one thinks for a few seconds.

Continue reading →

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

/ Jack Marshall / 19 Comments

governor-brown

Usually, when Ethics Alarms headlines California’s lawmakers, it is because they have done something irresponsible, like in this post,  this 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

/ Jack Marshall / 25 Comments
"...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.

Continue reading →

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

/ Jack Marshall / 98 Comments
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

/ Jack Marshall / 10 Comments
" 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

/ Jack Marshall / 41 Comments

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 →