Rights

Ethics Quote of the Week: Ken White of Popehat

/ Jack Marshall / 17 Comments

First Amendment“…Our freedoms are recognized or denied based on court rulings. Our understanding of those court rulings often derives from media coverage of them. When we do a lousy job of covering law, or when we put up with journalists doing so, we’re doing a lousy job as citizens.”

—-Attorney-Blogger Ken White, after meticulously exposing how the media, old and new, completely misrepresented a Texas court’s striking down  an overly broad statute as protecting “upskirt” photographs.

Ken White has delivered another masterpiece, expertly debunking the news media’s criminally ignorant analysis of a Texas Court opinion. I must admit, when I saw the headline “Texas Court: Ban on ‘Upskirt’ Photos Violates First Amendment Rights” and its ilk around the web, I just assumed that reporters were being sensational and dumb as usual, and moved on to other things. Thank goodness Ken was on the case, and properly flagged the danger in lawyers reacting this way. We have a tendency as a profession to think, “Well, there they go again, completely misunderstanding the law, poor dears” when we should be working overtime to set the record straight. I admonish my seminar attendees for doing this regarding the public’s distorted view of legal ethics, and fell into the same trap myself.

Ken’s dissection of the flat-out wrong reporting on this case is frightening: it is clear that most reporters are incapable of understanding what court opinions mean, yet there they are, writing nonsense and making the public more ignorant, not to mention making them think taking upskirt photographs is legal and constitutionally protected.

Counselor White has had a busy year that has kept him from providing his usual volume of daily enlightenment. He is back in top form, and we should all be grateful.

 

“How Can People Consider Voting For Candidates This Unethical?”: New York State Assembly Candidate Charles Barron (D) and Peoria Mayor Jim Ardis (R)

/ Jack Marshall / 16 Comments
Barron (top); Ardis (bottom). Do your civic duty and vote: cyanide will be handed out when you leave...

Barron (top); Ardis (bottom). Do your civic duty and vote: cyanide will be handed out when you leave…

(“How Can People Consider Voting For Candidates This Unethical?” or HCPCVFCTU for short will flag the worst of the worst, the really awful politicians  whose lack of ethics should be a source of humiliation to all who support them.)

I have pledged to keep this category balanced between Republicans and Democrats, and since the first candidate featured was a Democrat and the utterly horrific candidate who came to may attention this morning also belonged to that party, I am featuring two politicians this morning to avoid the inevitable accusations that I take my orders from Glenn Beck and Fox News:

  • Charles Barron (D)  Barron is a New York City Councilman who is expected to coast to an easy victory after winning a Democratic primary for an open seat on the New York State legislature. He is an outspoken fan of Third World military dictators, Communist thugs and murderers, among them the late Libyan leader Muammar el-Quaddafi and former Cuban President Fidel Castro. “All my heroes were America’s enemies,” Barron proudly told the New York Observer in a recent interview. One of his favorite role models is Zimbabwe’s repressive President Robert Mugabe, whom he compares to Nelson Mandela. “I would love for him to come to Albany. I would love for him to come anywhere in the United States, really,”  Barron says. “I think he’s a shining example of an African leader on the African continent.”

Continue reading →

The Third Circuit Rejects Judicial Immunity In The Case Of An Unethical One Man Justice System

/ Jack Marshall / 2 Comments

crazy-judgeAs I predicted at the time, many readers became upset at the spectacle of judges declaring other, clearly unethical judges immune from civil suit as a result of the judicial immunity doctrine. They will be cheered, then, by this unusual decision by the Third Circuit in a decidedly odd case out of New Jersey.

The Third U.S. Circuit Court of Appeals ruled that a civil rights suit could process against Municipal Judge Louis DiLeo of Linden, New Jersey, who was not reappointed to his post after the incident sparking the action. The lower court judge had denied DiLeo’s motions to dismiss on the grounds of absolute judicial immunity  the 3rd Circuit agreed, saying that the plaintiff had made  a plausible claim that DiLeo’s actions “went beyond legal error, such that he was no longer functioning in his judicial capacity,” the appeals court said in the its opinion . Continue reading →

Is There An Ethical Interpretation of Hillary’s Response To The Illegal Immigration Activist In Iowa?

/ Jack Marshall / 10 Comments
Psst! The "thumbs up" really means, "I like your shoes"...

Psst! The “thumbs up” really means, “I like your shoes”…

In case you missed it while waiting for the next NFL player to beat up someone, Hillary Clinton, who is in Iowa theoretically testing the waters for a Presidential bid, answered this way when pressed by an activist on the rope line to give her views on President Obama’s delay of his promised executive order granting some privileges to illegals…

“I think we have to elect more Democrats.”

What did she intend to convey by this, and can such an intent possibly be defended? Some possibilities:

A. Translation: “I am running for President, and to be successful, I can’t possibly tell you my real views on this topic, since whatever position I take will lose votes. So I’m going to answer with a non-sequitur, as if I didn’t hear the question.”

Is this ethical? No. It’s an important issue, and if she is running for President, she has an obligation to communicate her views. If she has a position but doesn’t have the integrity and courage to communicate it, that’s cowardly and a breach or responsibility.

B. Translation: “We risk losing at the polls in November if voters know what the President really intends to do, and those who stand to benefit from his unilateral act circumventing the democratic process will vote Democratic anyway, even if the delay infuriates them. So it’s the smart move.”

Is this ethical? Surely not. It’s an admission that the President is trying to gull low-information voters, and that she approves of the strategy. It’s an expression of support for allowing the deportation of human beings for speculative political gain. It’s an endorsement of “the ends justify the means.” Continue reading →

Ethics Quiz: SheTaxis

/ Jack Marshall / 93 Comments
In Great Britain, SheTaxis also offers female drivers only , but apparently with a different market in mind....

In Great Britain, SheTaxis also offers female drivers only, but apparently with a different market in mind….

If a white customer doesn’t feel comfortable with a black taxi driver, that’s bias. If a Christian customer doesn’t want to give his business to a Muslim driver, that’s bigotry. If a white cabbie refuses to pick up a black man looking for a ride, that’s racism. And if a woman insists on only female cab drivers, who in turn will only pick up women, that’s…SHETAXIS!!!

From the New York Times:

A new livery service starting Sept. 16 in New York City, Westchester County and Long Island will offer female drivers exclusively, for female riders, according to its founder. It will take requests for rides through an app, and dispatch drivers sporting hot pink pashmina scarves.

“The service will be called SheTaxis — SheRides in New York City because of regulations barring it from using “taxi” in its name — and aims to serve women who may feel uncomfortable being driven by men, or who simply prefer the company of other women. The app will ask potential riders if there is a woman in their party. If not, they will be automatically redirected to other car services.”

Your Ethics Alarms Ethics Quiz for today is:

Is this ethical…

a) for customers?

b) for the service?

Continue reading →

Knock-Out Punches, Murder and Political Correctness Bullying: Let’s Play “SPOT THAT DECEIT!”

/ Jack Marshall / 8 Comments

Game show set

I am fascinated by deceit, and not just because I live near Washington, D.C., where it is the official tongue. It is fascinating because deceit is often the most effective kind of lie, tricking a listener or a reader  using their own assumptions, desires, misplaced trust or inattentiveness against them by stating a literal truth to imply an actual falsehood. Most of all, deceit is fascinating because so many people, including those who employ it habitually, think that it isn’t a lie at all.

This morning I found three wonderful examples of deceit, brought to our attention by three distinguished bloggers, so let’s play the challenging, exciting and never-ending game that’s sweeping the nation…

Spot That DECEIT!

Let’s warm up with something easy…

1. The NFL Deceit

Law prof-blogger Ann Althouse found it difficult to believe that the NFL hadn’t seen the videotape showing Baltimore Ravens stat Ray Rice knocking out his fiancee with a well-aimed punch before it gave him his first, absurdly light punishment, though the official spokesperson yesterday said…

“We requested from law enforcement any and all information about the incident, including the video from inside the elevator.That video was not made available to us and no one in our office has seen it until today.”

OK, audience…

Spot That DECEIT!

Continue reading →

Comment of the Day: “Observations On The Illegal Immigration Ethics Train Wreck, The Ugliest Of Them All”

/ Jack Marshall / 2 Comments

green-cardChris Marschner, the Ethics Alarms master of the long form comment, has delivered another. This is his analysis of what a fair, rational and ethical approach to the nation’s illegal immigration problem might look like. I’ve never read a better one, not that there are many lawmakers, and certainly not many advocates for illegals, who appear to be interested in ethics or rationality where this issue is concerned.

I don’t agree with all of Chris’s conclusions, but I would endorse his approach over any other I have seen floated by elected officials, scholars and pundits. Here is his Comment of the Day on the post, “Observations On The Illegal Immigration Ethics Train Wreck, The Ugliest Of Them All”: Continue reading →

The NFL’s Foolish, Counter-productive, Unethical Gay Affirmative Action

/ Jack Marshall / 7 Comments
Hey, if Nathan is happy, then the NFL is happy...

Hey, if Nathan is happy, then the NFL is happy…

The Dallas Cowboys signed openly gay defensive lineman Michael Sam to be a member of its taxi squad, thus making him–let’s see,now—the first gay NFL practice squad player ever, at least the first to let everyone know his sexual proclivities. Wow…that’s some great plot for a made-for-cable movie! I’m getting goosebumps already!

Some sportswriters had opined that it would be a “disaster” for the NFL if Sam , who was cut by the Rams, the team that drafted him, wasn’t signed by some pro team, on the theory that this would expose the whole league as bigoted against gays. Of course, it could also mean that Sam just isn’t good enough, and whom he chooses to roll in the hay with isn’t considered either a virtue or a detriment to playing NFL football. This would be called, I believe, common sense and integrity.

Never mind. Several sources report that the NFL, also believing that there was a looming disaster, “lobbied” teams to sign Sam after he was cut. This both establishes a policy of gay affirmative action in the NFL, and also exemplifies what is wrong with all affirmative action. Let’s make a list: Continue reading →

Ethics Quote of the Month: Ken White, of Popehat

/ Jack Marshall / 2 Comments

JohnPaulJones

“Civility is not weighed equally with free speech. It is not a prerequisite of free speech. It is a value, an idea, to be tested in the marketplace of ideas with other vales. Free speech is often uncivil. Lenny Bruce was uncivil. “Have you no sense of decency, sir? At long last, have you left no sense of decency?” was uncivil. “I have not yet begun to fight” was uncivil. “I called you naughty darling because I do not like that other world” was uncivil. “Now, if it is deemed necessary that I should forfeit my life for the furtherance of the ends of justice, and mingle my blood further with the blood of my children and with the blood of millions in this slave country whose rights are disregarded by wicked, cruel, and unjust enactments, I submit; so let it be done!” was uncivil. The equality of all humans regardless of station has always been a deeply uncivil idea, because “civil” usually means “that which makes me comfortable.” Comfortable people paint nice watercolors but otherwise don’t accomplish much.”

—Ken White, First Amendment lawyer, wit, philosopher and blogger par excellance, in a masterful dismembering of a sinister  email about free speech sent to Berkeley students, faculty, and staff by U.C. Berkeley Chancellor Nicholas Dirks .

An equivocating, double-talking, free-speech degrading college administrator attempts to warp our nation’s values in the minds of the young, and Ken exposes the university’s censorious and timid soul for the dangerous fraud and the disgrace to intellectual freedom that it is.

As Carly Simon said once about James Bond, nobody does it better.

Quote of the Week: Joan Rivers

/ Jack Marshall / 10 Comments

joan-rivers-giving-finger1

 

AHHHHGGGGGRRRRRhhhrrrah….

—Comedienne Joan Rivers, 81, in her reported final words before expiring yesterday.

Just kidding.

Too soon?

Joan Rivers would rate Ethics Hero status if I did not have a philosophical objection to calling someone a hero because everyone else is a weenie. Yes, Rivers spouted off whatever outrageous, impolitic, offensive thing that materialized in her nimble brain regardless of who it might offend, as long as she felt someone, or a critical mass of someones, would find it funny. That is the proper mindset for any professional comic, but it has become both a rare and dangerous one, as we regularly see comedians grovelling in remorse as soon as sufficient numbers of well-placed critics designate a joke as “insensitive.”

Rivers, whom I can never recall making me laugh for a second, served an important cultural purpose while she was alive, as do Jackie Mason, Mel Brooks and Don Rickles, perhaps the last remaining in-your-face comedians from the days when funny was all that mattered, and careers weren’t ended  by stepping just a little too far over the line, or even a lot too far. Her successors, like Sarah Silverman and Lewis Black, don’t count: they are vicious toward whatever group or groups their audience deems deserving of abuse, and only them. In the end, it is likely that the only clowns with the license that Rivers enjoyed will be animated cartoons, like Peter Griffin(“The Family Guy”) and Homer Simpson. Continue reading →