Rights

Ethics Dunce: “Above The Law” Creator David Lat

/ Jack Marshall / 15 Comments
The guy on the right feels happy and safe with everyone knowing he's gay, so the guy on the left is a fool for not wanting a sleazy website to tell the world that HE'S gay. Wait..WHAT?

The guy on the right feels happy and safe with everyone knowing he’s gay, so the guy on the left is a fool for being angry at a sleazy website for telling the world that HE’S gay. Wait..WHAT?

Every now and then, the Washington Post publishes an opinion piece from a guest commentator that crosses the line  distinguishing eccentric from irresponsible. Today’s essay by David Lat, the founder and CEO of the legal industry gossip site Above the Law, is an example of this bad habit. How wrong do one’s logic, values and message have to be before the Post deems them unworthy of promotion and wide consumption? Apparently, there is no limit.

Lat’s essay flagged its obtuseness immediately in its title: “Being Gay Isn’t Shameful, Do Why Does Outing Matter?” (The online version is “Peter Thiel had no reason to be angry at Gawker for writing that he’s gay.“)

The impetus for the article—it is so ethically deranged that I almost think it has to be a joke: who thinks like this?—is the news this week that  wrestler Hulk Hogan’s devastating and perhaps fatal lawsuit against Gawker Media was bankrolled by Peter Thiel,  the billionaire co-founder of PayPal and an  early Facebook investor.  Gawker outed him in a 2007 story, and Theil is using Hogan’ suit over Gawker revealing a sex tape to try to put the ethics-free celebrity-abusing site out of business. Thiel is just being petty and unreasonable, says Lat. Lat is gay and proud of it, so  Thiel should be too!

Writes Lat—whose own gossip site is not above revealing embarrassing facts about well-known figures for its readers’ titillation: Continue reading →

Essential Ethics Points Regarding Casey Anthony’s Investigator’s “She Did It!” Claim

/ Jack Marshall / 9 Comments

Anthony and LawyerCourtExcerpt

News Flash:

Private investigator Dominic Casey submitted a court affidavit in  Casey Anthony’s bankruptcy case (he wants to get paid), that stated that Casey’s attorney Jose Baez (above, left) “ told me that Casey (above, right) had murdered Caylee and dumped the body somewhere. He also alleges that Baez had sexual relations with Anthony.

Here’s what you need to know about the ethics issues involved:

1. Most important of all: USA Today’s website headlined the story, P.I. says Casey Anthony lawyer acted unethically. I’d guess 95% or more of readers assume that what was unethical was Baez defending Anthony when she was guilty. Maybe USA Today even thinks that. That is pure, inexcusable ignorance. All criminal defendants have a Constitutional right to a zealous defense, and the defense lawyer’s duty is the same whether his client is guilty or not, Jack the Ripper or a jay-walker. The duty is to make the State prove its case with admissible evidence beyond a reasonable doubt. Almost everyone who has followed the case believes that Anthony is guilty of facilitating the murder of her daughter Kaylee, but the evidence was ambiguous and circumstantial, and the prosecution didn’t prove its case.

Having sex with a client is unethical, specifically under the rules of most states, and arguably under the rules of all states under general ethics and professionalism principles. Continue reading →

Remember These Names: The Freddie Gray Not Guilty Verdict Is Exposing Race-Baiters And Mob Justice Supporters

/ Jack Marshall / 9 Comments

Angry-Mob

As almost every legal analyst without an ideological agenda has pointed out, officer Edward Nero was found not guilty in his trial for alleged crimes related to the death of Freddie Gray because there was no evidence to prove him guilty. The case shouldn’t have been brought at all; the prosecutor was unethical and conflicted.

Most critics of the responsible and just verdict  by the  Judge Barry G. Williams (who is black; did you know that?  Few news media reports pointed that fact out: it doesn’t fit the narrative of white justice failing black victims, I guess) didn’t read it, and don’t appear to care what it says. Judge Williams explained:

“Based on the evidence presented, this court finds that the state has not met its burden to prove beyond a reasonable doubt all required elements of the crimes charged….It was [Officer] Miller who detained Mr. Gray, it was Miller who cuffed Mr. Gray, and it was Miller who walked Mr. Gray over to the area where the defendant met them. When the detention morphed into an arrest, [Officer Nero] was not present…This court does not find that a reasonable officer similarly situated to the defendant, at the point where there are people coming out on the street to observe and comment, would approach the lieutenant who just got out of the van to tell him to seat belt Mr. Gray or make an inquiry concerning the issue of whether or not Mr. Gray has been seat belted. There is no evidence that this was part of his training, and no evidence that a reasonable officer would do the same…The court is not satisfied that the state has shown that [Officer Nero] had a duty to seat belt Mr. Gray, and if there was a duty, that the defendant was aware of the duty.”

Did the officers, including Nero, endanger Gray through negligence? Baltimore has already paid a settlement of millions admitting that, true or not. Criminal convictions require intent. Mediaite legal writer Chris White correctly observes that a conviction based on the prosecution’s case against Nero that it was criminal for him not to intervene in another officer’s conduct  would essentially set a  precedent requiring all police officers to second-guess each other out of fear of being charged with crimes.

Never mind, though. The powerful progressive-black activist-biased news media alliance has determined that Nero should have been convicted, that a racist system is the reason he wasn’t, and that’s all there is to it:

  • Juliet Linderman’s Associated Press story  on Nero’s acquittal on all charges began:  “Prosecutors failed for the second time in their bid to hold Baltimore police accountable for the arrest and death of Freddie Gray.”

Foul. Nero wasn’t held legally accountable because there was no evidence that he was legally or factually accountable. The sentence drips with the assumption that Nero was accountable. As Tom Blumer noted. Linderman’s story also labelled Gray as black and the white officers accused in the case by their race, but omitted racial identification of the judge or the black officers charged. Hmmm...why would she do that? Why would her editors allow her to do that?

  • Whoopie Goldberg, on the IQ-lowering “let’s have ignorant female celebrities weigh in on serious topics” daytime show “The View,” sanctimoniously told an audience shocked at a verdict in a trial it knew nothing about, “This is the world we live in and this is going to happen. We’re going to have to deal with all of this.”

Deal with what, Whoopie? That the justice system still requires evidence before locking people up, even when a white police officer is accused in a black man’s death? Continue reading →

Asian-American Students Take Aim At What’s Unethical About Affirmative Action

/ Jack Marshall / 79 Comments

Good.

The ethics problem with affirmative action is that its utilitarian trade-off is undeniably unfair and hypocritical. In order to admit African-American students whose test scores and grades would not normally allow them to be admitted to elite institutions, racial preference is used to justify not admitting white students whose credentials would otherwise qualify them for entry. Diversity justifies racial discrimination.

Asian-Americans have long been an embarrassment to this theory. Even though it is another minority group that was the target of institutional and social prejudice in this country, and despite added disadvantages of language and culture, Asian Americans as a group have better test scores and grades than the supposedly privileged whites. Not only does this fact call into question some assumed explanations for the consistently lagging performance of African-Americans, it also threatens diversity policies by raising the possibility of a student body disproportionately Asian American, with whites students being squeezed out at one end by  superior Asian-Americans  and on the other by Affirmative Action-assisted blacks.

How have universities avoided this problem thus far? They have avoided it by applying quotas to both Asian-Americans and African-Americans. The problem is that the quotas on Asian Americans limit their numbers, regardless of their qualifications. Continue reading →

Unethical Quote Of The Week: Baltimore Activist Rev. Wesley West, From The Freddie Gray Ethics Train Wreck

/ Jack Marshall / 6 Comments

Train Wreck

“I’m angry because this is what we deal with, and when I say ‘we,’ we’re talking about the black community and I’m a part of and represent that community as well, it seems like we have no voice when it comes to these issues. When it comes to conversations like this, we’re not involved. This should have been a jury trial where the community had a voice in this case. Of course a system works in a system’s favor, that’s how I look at it. That judge represents the system, and the police officer represents a system, but they’re all one system working together. And again I don’t think case was actually tried fairly when it comes down the community being involved.”

—-Baltimore activist Reverend Wesley West, quoted by CBS news, in the wake of Freddie Gray’s arresting officer, Edward Nero, being found not guilty today of all charges brought against him as a result of Grey’s death following his arrest in April of 2015

The Freddie Grey Ethics Train Wreck, a bi-product of the Ferguson Ethics Train Wreck which was a direct result of the Trayvon Martin-George Zimmerman Ethics Train Wreck, is still rolling, in case you wondered.

This is the second trial of the accused officers to support the conclusion by many independent analysts that charges were brought against six Baltimore officers in the tragedy without sufficient evidence or investigation, in order to quell social unrest and mollify African American activists like West. That made the charges, by City Attorney Marilyn Mosby—whose husband just happened to be preparing a run for mayor, a coincidence, of course— unethical, and a capitulation to government by mob.

West is impugning the justice system despite knowing nothing of the evidence presented or what happened in the events leading to Gray’s death. His contention that “the community” should have a say in a police officer’s guilt or innocence is a direct appeal to mob justice. His statement is also factually false, especially in this instance. The community had far too much influence in the prosecution of Nero and the other officers already, using violence and the threat of more violence to extort the city. Continue reading →

The Redskins Native American Poll: Integrity Check For Progressives And Race-Baiters

/ Jack Marshall / 27 Comments

Washington-Redskins

My Washington Post is filled with articles and columns reacting to the “surprising” poll results released yesterday—a poll taken by the Post itself— that appears to settle a manufactured controversy of long-standing. If it doesn’t, that will tell us more about those who resist than it does about the merits of the controversy itself.

The Washington Post-commissioned poll shows that 9 in 10 Native Americans are not offended by the Washington Redskins name, despite a steady tom-tom beat of complaints and insults from activists, pandering politicians, cultural bullies and politically correct journalists insisting otherwise. The poll, which was analyzed by age, income, education, political party or proximity to reservation, shows that the minds of Native Americans have remained unchanged since a 2004 poll by the Annenberg Public Policy Center found the same result. (Actually,  Native Americans are somewhat less offended by the name than twelve years ago.)

The immediate question that the poll raises is one that Ethics Alarms has raised repeatedly as a rhetorical one. As the Post wrote today, speaking specifically of the segment of the sports media that had been so doctrinaire in attacking the name, even to the point of censoring it:

“Can they be offended on behalf of a group that they’re not part of, especially a group that appears, overwhelmingly, not to be offended by the word media figures object to?”

To ask the question is to answer it.  If the name in fact isn’t offensive to the group it is claimed to offend, then it is ridiculous for non-Native American to continue to be offended on their behalf.

Thus the poll results pose an excellent test of integrity and honesty for all of the liberals, politicians, political correctness junkies, pundits, social justice warriors and fringe Native American activists who have been so insulting and shrill to supporters of the name. Do they have the courage and fairness to admit they were wrong? Can the ideologically programmed ever do this: do facts matter, or is it essential for them to interpret the world according to cant rather than bend, adapt and compromise to inconvenient, messy reality?

Well, we shall see. The Post’s early results do not speak well for the anti-Redskins zealots. Continue reading →

More Evidence That It Isn’t “Gun Safety” The Anti-Gun Forces Are Gunning For, But The Second Amendment Itself

/ Jack Marshall / 12 Comments

anti-gun cartoon

Those who are confident that Donald Trump can’t be elected President might want to contact Hillary Clinton and advise another one of her well-timed policy position reversals. She has aligned herself with those who want nothing less than to eliminate the right of Americans to own guns and be able to defend themselves, and that means she is spitting into the gale of core American values and culture.

And the Constitution, of course.

A clear-thinking and principled United States District Court judge just condemned a sinister anti-gun law that embodies the anti- Second Amendment animus. Judge Richard J. Leon’s 46-page ruling in United States District Court declared illegal a law that gave the police the discretion to grant concealed-carry licenses only to those with “good reason” to do so, such as a specific and reasonable fear of attack  or other reasons, such as having a job in which they carried large amounts of cash or valuables. A citizen wishing to carry a pistol must demonstrate “a special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks that demonstrate a special danger to the applicant’s life,” the law says.

Wrong. A citizen wishing to carry a gun should only have to show that he or she is a law abiding citizen, and that he or she is trained in gun safety and how to use a firearm.

Judge Leon wrote, “Given the textual and historical evidence, I have little trouble concluding that under its original meaning the Second Amendment protects a right to carry arms for self-defense in public…Given that the Second Amendment’s central purpose is self-defense and that this need arises more frequently in public, it logically follows that the right to carry arms for self-defense in public lies at the very heart of the Second Amendment.”

It also follows that the government deigning to grant the Constitutional right to those few individuals it deems worthy is a direct Second Amendment breach. It is frankly frightening that other judges have ruled differently. If ever citizen has a Constitutionally protected right, a law cannot say that the right only applies to you if the government says so. Laws restricting rights must describe legitimate circumstances that justify the restriction, not presume a restriction on everyone except a sufficiently terrified few. It is up to me to decide whether I need a gun, not D.C.’s police chief. Continue reading →

Gender Issues Confusion Monday Continues With PART 2: ESPN’s Howard Bryant Argues That It Is Sexist And Bigoted Not To Follow Women’s Sports

/ Jack Marshall / 32 Comments
You WILL believe she is as good as Stephen Curry, or you are a sexist bigot!

You WILL believe she is as good as Stephen Curry, or you are a sexist bigot!

The culture wars are heating up, and both extreme ends of the ideological divide appear to be dashing to Crazy Town as fast as their legs can carry them. The vital, existential question is this:  how many previously sane people will follow them in all the excitement?

Newsbusters recently flagged an article in ESPN Magazine by Howard Bryant that condemns disinterest in women’s professional sports, specifically basketball, as a mark of bias and misogyny. I wish I could read the whole thing—it requires a subscription—but the excerpts quoted seem clear…and deranged:

A. “Using men as the standard for female athletic achievement is designed to diminish and distort women’s accomplishments….The insistence on being identical to men might appear noble but is actually a false flag.”

B.  “….acceptance of the women’s game on its own legitimate terms, independent of men – feels less promising and more turbulent. And in many ways it parallels the various racial dynamics of integration. Legislation secured the right to exist. Achievement vindicated the movement. Neither assured acceptance. The women’s game is in a similar place. The progress is there. The progressive thinking isn’t.”

C. “The issue is why the women’s game cannot be left alone, without harassment, without needing to be viewed through the invalid framework of the men’s game in the first place.”

D. “Six-foot-10 [male tennis pro] John Isner serves 143 mph. Five-foot-9 Serena does not and never will, which is proof of nothing, another false equivalent in a country built on inequalities.”

E. “These empty arguments, rooted in distortion and misogyny, are not without a sinister purpose. They are intended to devalue the women’s game, block opportunity, attack equal pay or discontinue women’s sports altogether.”

F.”[A]s long as women’s sports remain a cultural priority, financially and legally protected, maybe acceptance really isn’t that important anyway.”

Continue reading →

Unethical Tweet Of The Month: Hillary Clinton (Or Someone Authorized To Pretend To Be Her)

/ Jack Marshall / 9 Comments

Hillary Trump tweet

The horror! Paying people according to their productivity, competence, diligence and effectiveness, rather than according to what victim-mongering group they belong to! Can you imagine?

Dilbert’s Scott Adams thinks that this is an unwitting pro-Trump tweet.  I disagree:It’s an unwitting anti-Hillary tweet. Perhaps this is what having to run against a Socialist who opposes basic American values of personal responsibility and merit has done to her. Now she feels she has to endorse the socialist concept of wages unrelated to economic worth.  All that matters are the hours, man!

The tweet is also an insult to those of her supporters who are intelligent, and manages to blunder into one of the squishy Achilles heels (yes, it has many heels) of the equal pay for equal work scam. Hmmm, is a female fire fighter who can’t pass the strength requirements really worth the same compensation as a male firefighter who can? (Answer: Of course not.) Continue reading →

Ethics Verdict On George Zimmerman’s Gun Auction: Ick, But Not Unethical

/ Jack Marshall / 86 Comments
Only used once!

Only used once!

George Zimmerman is auctioning off the 9-millimeter pistol he used to shoot Trayvon Martin on a website called GunBroker.com.

Zimmerman wrote,

“I am honored and humbled to announce the sale of an American Firearm Icon The firearm for sale is the firearm that was used to defend my life and end the brutal attack from Trayvon Martin on 2/26/2012.”

George goes on to say that the proceeds will be used to “fight [Black Lives Matter] violence against Law Enforcement officers” and to “ensure the demise of Angela Corey’s persecution career and Hillary Clinton’s anti-firearm rhetoric.”

Social media is going  nuts with hate, with many comments wishing that someone would buy the gun and shoot Zimmerman with it.

Now hear this:

There is absolutely nothing unethical in any way about Zimmerman selling his property, including the gun that he used to shoot Trayvon Martin.

The gun has historical and cultural significance. Despite its grisly past, someone may want to purchase it.  Booth’s derringer is exhibited at Ford’s Theater, and nobody has ever taken offense at someone purchasing and exhibiting the gun that killed a President and American icon. Continue reading →