Rights

Ethics Quote Of The Week: Lawyer John Eastman On The Georgia Trump Indictments

/ Jack Marshall / 7 Comments

“I am here today to surrender to an indictment that should never have been brought.  It represents a crossing of the Rubicon for our country, implicating the fundamental First Amendment right to petition the government for redress of grievances.  As troubling, it targets attorneys for their zealous advocacy on behalf of their clients, something attorneys are ethically bound to provide and which was attempted here by “formally challeng[ing] the results of the election through lawful and appropriate means.”  – An opportunity never afforded them in the Fulton County Superior Court. Each Defendant in this indictment, no less than any other American citizen, is entitled to rely upon the advice of counsel and the benefit of past legal precedent in challenging what former Vice President Pence described as, “serious allegations of voting irregularities and numerous instances of officials setting aside state election law” in the 2020 election.  The attempt to criminalize our rights to such redress with this indictment will have – and is already having – profound consequences for our system of justice. My legal team and I will vigorously contest every count of the indictment in which I am named, and also every count in which others are named, for which my knowledge of the relevant facts, law, and constitutional provisions may prove helpful.  I am confident that, when the law is faithfully applied in this proceeding, all of my co-defendants and I will be fully vindicated.”

John Eastman, respected conservative legal scholar, lawyer, law professor and former Dean of Chapman University Law School, as he surrendered last week to authorities on charges in the Georgia case alleging an illegal plot to overturn the Trump’s 2020 election loss.

Continue reading →

From The Res Ipsa Loquitur Files…Ethics Hero: Elon Musk (Again)

/ Jack Marshall / 1 Comment

(See: “It’s Come To This: “Liking” A Politically Incorrect, Bad Taste Joke On Social Media Can Get You Suspended In The United States Of America”)

Bravo.

I Don’t Know What To Call This, And I Really Don’t Know What Can Be Done About it, But I Know It’s Bad…

/ Jack Marshall / 28 Comments

I’ve mentioned this toxic phenomenon before, but yesterday I was in Hell. While walking Spuds and driving I saw 14 pedestrians striding along staring at their phones. Three were walking their dogs, and paying no attention to them. One was pushing a baby carriage.

In contrast, I saw only nine adults who were not staring at their phones.

The phenomenon is one of many that is isolating members of society, crippling social skills, undermining the interaction between strangers and neighbors, and giving social media and remote communication an outsized influence over society and the culture. We paved the way for it with such developments as the Sony Walkman, now, if self-isolation and absorption in public isn’t a social norm, it is rapidly becoming one.

Is the conduct unethical? It is tempting to argue that it hurts no one but the phone screen addict, though that definitely doesn’t apply to those behaving like this while caring for dogs, babies and children (or crossing the street). The counter argument would be Kant’s Universality Principle: would we want a world where everyone walks through the world oblivious to everyone and everything but their phone? Well, that’s what we are on the way to creating.

Continue reading →

It’s Unethical For Democrats, the News Media And Activists to Gaslight The Public, But On The SCOTUS Affirmative Action Smack-Down, They Did It Anyway

/ Jack Marshall / 15 Comments

The coverage of the recent rulings in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. Harvard almost universally created the impression that they were further attacks on democracy by a rogue Supreme Court, foiling the will of the people. In particular, these decisions blocking institutionalized institutional racist discrimination, which is what higher education affirmative action is, were assailed as creating disastrous hurdles to black Americans as they strive to succeed in this nation plagued by systemic racism.

Two recent polls show that this narrative was fake news from the news media and misinformation from the Left. A Rasmussen Reports national telephone and online survey found that 65% of “Likely U.S. Voters” approve of the rulings, with 49% approving “strongly”. Just 28% disapprove of the conclusion that the prohibition on discriminating by race means no discrimination by race. You can read how the questions were posed here. Another poll from YouGov/The Economist asked “Do you approve or disapprove of Supreme Court’s ruling on affirmative action?” Both sexes, all races, every age group, and every level of income approved more than not. (See here.)

Yeah, I know: polls. In this case, however, these easily manipulated surveys perform a service. The Supreme Court’s function does not and should not involve following the mob, but appealing to mob emotions has been a central strategy by progressives as they seek to de-legitimize the one branch of the government they don’t control. An accompanying myth is that the Roberts Court is an obstacle to “the will of the people,” even when, as in this case, the will of the people is supported by the Constitution and our laws.

Even after a concerted and ongoing effort to inflict Marxist goals, racial quotas and “good” discrimination on the culture, our core values have stood up to the propaganda siege—so far.

There is hope.

Wait…What’s The Problem? Isn’t Mayor Wu Just Following The Tactics And Principles Of Her Party?

/ Jack Marshall / 4 Comments

I don’t understand. The Biden Administration has declared that opponents of his policies are threats to democracy. The current Justice Department has sought extreme and excessive punishment for the protesters and rioters at the Capitol in January of 2021 while ignoring the violent and disruptive acts of the George Floyd Freakout rioters and demonstrators. The Democratic Administration sought to intimidate parents who were critical of woke school boards seeking to inject sexual politics and CRT ideology into public school curricula. And yet when Boston’s mayor Michelle Wu admitted that her staff compiled a list of her most vocal critics and protesters to hand to local law enforcement authorities, the public, which in Boston is primarily Democratic and progressive, howled in outrage.

This is how their increasingly totalitarian party operates in 2023. This is what they voted for. What are they complaining about?

Continue reading →

Add Switzerland To The List Of Supposedly Wise “First World” Nations That Don’t Comprehend The First Amendment Or The Ethical Importance Of It

/ Jack Marshall / 15 Comments

…among others. But let’s concentrate on the First, shall we?

The Swiss Gymnastics Federation (STV) has now banned photographers from taking photos of female gymnasts like the one above of retired female gymnastics champ Gabrielle Douglas.

The association has imposed the ban on such “suggestive” photos to ensure that gymnasts can only be photographed in a way that focuses innocently on their poses and positions, not their bodies. “To protect gymnasts, the STV strives to ensure that no suggestive or otherwise ethically sensitive photos are published and passed on. Especially photos where gymnasts were photographed in the crotch,” STV states in its news guidelines. “The STV is aware that such photos can arise in action photography. However, publication should be avoided. The main concern of the STV is to sensitize the media professionals and to let common sense prevail.”

Continue reading →

Spain Demonstrates Why We Have The First Amendment, And Why The US Must Protect It

/ Jack Marshall / 3 Comments

Spain’s Parliament, in its wisdom, has declared dwarf bullfighting illegal. Not because the bulls are treated cruelly, mind you: oh no, that part is fine. It’s the small bullfighters the legislators find intolerable. (That’s a group of them rehearsing above.)

Comic bullfighting shows in which individuals with achondroplasia, a form of dwarfism, fight with juvenile bulls are now illegal. A new law bans “shows or leisure activities” employing a disability “to provoke public mockery, ridicule or derision.” As a result, the performers who earned their living putting on such shows are now forbidden from plying their craft, and citizens willing to pay to watch them can no longer do so. This is also embarrassing: the same law directs that “people with disabilities will participate in public shows and recreational activities, including bullfighting, without discrimination.”

Spain’s law arises from a failure to distinguish “Ick” from ethics, the same problem that has led some states to try to ban drag shows. There is no question that the First Amendment in the Bill of Rights would absolutely prohibit a law such as the Spanish dwarf bullfighting ban, and we should be grateful for that. The ethical principles embodied in freedom of expression include autonomy as well as intrinsic fairness and the Golden Rule validity of allowing others to have the same right to make their living as they choose without others deciding that because they wouldn’t make the same choices, those choices shouldn’t be available to anyone.

Continue reading →

New York’s Governor Weighs In To Support “Pre-Crime”

/ Jack Marshall / 17 Comments

“Pre-crime,” nicely eviscerated in the Spielberg-Tom Cruise film “Minority Report,” is now a popular concept among anti-Second Amendment activists. New York Governor Kathy Hochul (or, more likely, a ghost-writer with her approval) has issued an op-ed in the New York Times with the emotion-based headline, “The Supreme Court Case That Has Me Worried, for Survivors and for My State.” Anyone capable of reading it with their critical thinking skills activated should be able to recognize Hochul’s arguments as the deceptive and manipulative tactics they are.

Here we go…

Hochul: “…I’m so concerned about the outcome of an upcoming Supreme Court case, United States v. Rahimi, which next year will decide whether to uphold a gun safety law that protects survivors of domestic violence.”

Continue reading →

The “Axis Of Unethical Conduct” Really And Truly Does Want The Government To Block Speech, And Can No Longer Credibly Claim That It Doesn’t

/ Jack Marshall / 9 Comments

The “Axis” is, in Ethics Alarms parlance, “the resistance,” or those who believe that the existential threat of Donald Trump justifies suspending laws, traditions, fairness, standards and the Constitution; Democrats, who believe that their path to permanent power must be achieved by any means necessary, and the news media, which has become the propaganda arm of both entities and an active participant in the restriction and control of political speech.

All three groups were horrified yesterday when Judge Terry Doughty, Chief U.S. district judge of the United States District Court for the Western District of Louisiana, delivered a sweeping ruling in Missouri v. Biden in which he issued an against what he called “the most massive attack against free speech in United States’ history.”

Doughty declared that “in their attempts to suppress alleged disinformation, the Federal Government, and particularly the Defendants named here, are alleged to have blatantly ignored the First Amendment’s right to free speech.” He restricted the Biden administration from communicating with social media platforms regarding their decisions on which content should appear online, explaining that “Plaintiffs allege that Defendants, through public pressure campaigns, private meetings, and other forms of direct communication, regarding what Defendants described as ‘disinformation,’ ‘misinformation,’ and ‘malinformation,’ have colluded with and/or coerced social-media platforms to suppress disfavored speakers, viewpoints, and content on social-media platforms.”

Continue reading →

“Curmie’s Conjectures”: Another Case from Yale, This One with a Twist

/ Jack Marshall / 8 Comments

by Curmie

I had a post about half-written, talking about the fact that SCOTUS justices are nominated and confirmed (or not) primarily for their adherence to certain political principles rather than for their integrity, judgment, legal expertise, or temperament. 

‘Twas not ever thus.  In my lifetime, five SCOTUS Justices were confirmed by a voice vote and three others received all 100% of the votes. Another seven received at least 80% of the votes.  But of the current members of SCOTUS, only Chief Justice Roberts received majority support from Senators of both parties… and that was by a single vote.  Justice Thomas, who’s been around the longest, is the only currently-serving member of the Supreme Court to have been confirmed by a Senate controlled by the party not in the White House at the time.

This, I was about to argue, makes the process depressingly predictable: liberals over here, conservatives over there, with Roberts as the closest thing to an unreliable vote for “his side.”  I was getting around to talking about the allegations against Justice Alito: did he really do something wrong, or is furor mostly partisan in nature?  Answer to both questions: yes. 

But then, despite the predictable split in the two Affirmative Action cases, we also see Gorsuch writing a scathing dissent on Arizona v. Navajo Nation, Barrett and Kavanaugh voting with the liberal bloc on Moore v. Harper, and Jack saying pretty much what I would have said about the Alito case.  I may want to return to the general outline of my half-written essay at some point in the future… but the timing isn’t right, now.

So let me go off in a different direction and talk about a faculty member dismissed from an elite university for her political statements.  The headline on the FIRE article begins “Yale shreds faculty rights to rid itself of professor…”  Certainly we’ve seen a fair amount of that kind of fare here on Ethics Alarms.  What’s different is what follows in that title: “…who called Trump mentally unstable.”  Well, that sure goes against the whole “universities are cesspools of Woke indoctrination” mantra, doesn’t it?

Continue reading →