If We Could Trust The Government To Take Care Of Us, There Wouldn’t Be Idiotic Laws Like This One

"You have to take it this time, honey, because the law says you're a nuisance if you call the cops again..."

“You have to take it this time, honey, because the law says you’re a nuisance if you call the cops again…”

Did you know that many cities and towns across the country have what are called “nuisance ordinances,” “crime-free ordinances,” or “disorderly behavior ordinances,” that subject landlords and tenants to fines when the police respond to a proscribed number of “disorderly behavior” complaints within a designated period of time?  Such ordinances specifically include “domestic disturbances” as among the forms of disorderly conduct that be punished under the law.

What are the predictable consequences of such laws? Landlords evict tenants who cause them to be fined…including women who call the police because they are being beaten by their husbands or boyfriends. The laws, therefore, penalize the victims of domestic abuse, and create a powerful disincentive for them to report it, since they must, in effect, choose between a beating and homelessness. They also tend to affect single mothers and those who live in poor neighborhoods.

Wait…what? What idiots would pass such a cruel and stupid law? The answer, unfortunately, is lots of idiots, because elected officials, as a general rule, are wretched at ethics chess, among other skills. They don’t think about the unfair and irresponsible results of their well-meaning, bone-headed, poorly drafted and ill-conceived laws by considering their likely consequences two, three and four moves ahead, which is what ethics chess requires. A law can have unethical and unintended outcomes that render it far worse than whatever it is the measure was intended to address, but determining what those outcomes are takes more care, diligence, intelligence and patience than most of our elected officials can muster. Continue reading →

Incompetent Elected Official Of The Month: New York State Senator Greg Ball (R)

Trust me, guys, you really don't want to vote for Greg Ball again...he's embarrassing your district.

Trust me, guys, you really don’t want to vote for Greg Ball again…he’s embarrassing your district.

Every now and then, a public official says something so brain-meltingly ridiculous that I wish I had a traditional blog and could write, “What an idiot!” and leave it at that.  This is one of those times.

Republican New York State Senator Greg Ball must represent the troglodyte section of New York—you know, that famous district heavily populated with prehistoric cave-dwellers who were discovered frozen in 1989, thawed out alive, and became politically active?—based on his unapologetic,nail-spitting, un-American tweet regarding the younger, surviving terrorist brother who engineered the Boston Marathon bombing:

Ball

What an idiot.

No, no, I can’t say that.

This is an unethical tweet. It’s an irresponsible tweet. Supporting torture “to save more lives” explicitly rejects the principles of the Declaration of Independence as well as the Constitutional requirements of Due Process and the Bill of Rights prohibition against cruel and unusual punishment and compelled testimony against self-interest. The “anything to save more lives” illogic, though recently adopted, to his shame and disgrace, by the presumably less idiotic President Obama in his quest for more gun regulations, is, of course, the open door to martial law and the permanent trade of liberty for security. I wrote about this at some length in the wake of the Abu Ghraib fiasco; reading “The Ethics of American Torture” again now, I would hold the same today, as would, I hope, most of you. (Don’t bother to read this, Senator Ball; it’s more than 140 characters, and you wouldn’t understand it anyway.) I wrote in part, Continue reading →

Ethics Quiz: The Hypocrite and the Hecklers

GLAAD precedent: Emperor Hirohito reads the announcement of his Nobel Peace Prize for agreeing to end World War II...

GLAAD’s  precedent: Emperor Hirohito reads the announcement of his Nobel Peace Prize for agreeing to end World War II…

Former President Bill Clinton received the first Advocate for Change award at the GLAAD Awards in Los Angeles over the weekend. Clinton, who uniquely appears to be immune from ever being held accountable for his mistakes and misconduct, was honored by the LBGT advocacy organization for opposing a ban on same sex marriage in North Carolina, and supporting efforts to legalize same sex marriage in New York. In his remarks, Clinton attacked the Defense of Marriage Act (DOMA), which prohibits legally married same sex couples from receiving federal benefits and protections, saying,

“I want to keep working on this until not only DOMA is no longer the law of the land, but until all people, no matter where they live, can marry the people they love. I believe you will win the DOMA fight, and I think you will win the Constitutional right to marry. If not tomorrow, then the next day or the next day.”

What Clinton did not say is that he is 100% responsible for the fact that DOMA is the law of the land, as he is the one who signed it into law in 1996. Nobody held a gun to his head: it was a popular bill in its day, and Clinton—surprise!—was following the polls. He also said at the time that he believed that the law was just.

This inconsistency—GLAAD honoring Clinton with an award for opposing a law he is responsible for inflicting on the gay and lesbian community, and his having the brass to accept it, are the stuff of Onion stories—prompted some at the event to heckle Clinton, shouting, “You signed it!”  I am tempted to cheer this development, but must pause—I object to heckling on civility and fairness grounds. One can rebut speech, but one shouldn’t seek to obstruct it. Yet there are exceptions to every rule, even in ethics. Thus your Ethics Alarms Ethics Quiz for today is this query:

Is it ethical to heckle Bill Clinton under these circumstances? Continue reading →

The GOP Out-Newtowns The Democrats…Impressive! Also, BLECHHH!

"Anything you can do I can do better...!" An appropriate accompaniment, and, ironically enough, from "Annie Get Your Gun"!

“Anything you can do I can do better…!” An appropriate accompaniment, and, ironically enough, from “Annie Get Your Gun”!

Further proving my conviction that there is no ethical difference between the two political parties at all (they are both habitually dishonest, corrupt, incompetent, hypocritical and Machiavellian), the Republicans opposing immigration reform are in the process of proving they can play the Newtown game too, only more shamelessly. This is why neither party can ever maintain the moral high ground in any issue, ever. While one party is using unethical arguments and tactics, it is just a matter of time before the other party, despite all its protests when it is the target of  them, will employ exactly the same measures—and argue that it’s not, of course.

Blechhh.

The Newtown game, if you didn’t get the reference, is when apolitical  party cynically seizes on a human tragedy and draws a specious and tendentious connection between it and a desired policy initiative. Gun control was never about stopping elementary school massacres, since what occurred at Sandy Hook Elementary was unprecedented, but suddenly the old, old debates about semi-automatic weapons and background checks were cynically recast as test of whether lawmakers cared about kids or not. Which is more important, an archaic Bill of Rights provision about militias, or saving toddlers from being mowed down in cold blood? Why, if only one child is saved, isn’t it worth limiting our right to arm ourselves? Have you no heart? Gun supporters, Republicans, conservatives and fair minded citizens  capable of thought were properly offended at these tactics, while, naturally, the integrity-free mainstream media adopted the same “save the children” mantra.

None of this stopped the Republicans who continue to oppose unavoidable measures necessary to clean up the mess left by decades of bi-partisan negligence regarding illegal immigration from using the latest high-profile tragedy—the Boston Marathon bombing—as a tool to derail the  push for immigration reform.  Continue reading →

Ethics Dunce + Incompetent Elected Official = Censorship In North Carolina

Thank-you. I see no reason to believe that your funding is in any jeopardy, by the way."

Thank-you. I see no reason to believe that your funding is in any jeopardy, by the way.”

Central Carolina Community College pulled the plug on a public affairs  talk show airing on its radio station after a legislative assistant for State Rep. Mike Stone complained about an online post by one of the show’s hosts, criticizing the  Sanford, N.C. Republican.  Susan Phillips, Stone’s legislative assistant, wrote the school’s president, T.E. “Bud” Marchant, with pointed questions about the program’s affiliation with the school, funding sources, and budget.  Central Carolina Community College is one 58 community colleges in North Carolina that depend on the  legislature for funding, and Stone’s message was received loud and clear. Marchant shut down the show, known as “The Rant,” two days later. He also denied that Stone’s interference had anything to do with it.

Sure.

There shouldn’t be any question over what happened here. An elected official in a supposedly democratic nation decided to abuse his position and power as well as violate his oath of office  by using veiled threats and intimidation to stifle Constitutionally protected criticism of his job performance, and a craven educator caved to his pressure, violating his duty of respecting academic freedom and standing against efforts by the state to stifle free speech and political dissent. Marchant, if he had even a rudimentary backbone, would have told Stone’s minion to back off and reported this clumsy attempt at extortion to the area’s news media. Stone, if he had any integrity or respect for the founding principles of the United States, would have taken “The Rant’s” host’s criticism like an adult and a believer in free speech, and responded with a defense or a rebuttal, not by leaning on the radio station’s management. As for Marchant’s incredible claim that Stone’s complaints and the show’s demise were unrelated, even if that were true, his creating the appearance of censoring campus speech in response to government disapproval would be nearly as offensive as censorship itself, because it would still have the effect of chilling First Amendment rights.

I’m certain, considering what appears to be the generally low quality of state legislators across the country (which figures, given the abysmal quality of national legislators), that this kind of thing occurs far more frequently than we know. Let’s see if Stone’s bedrock, conservative supporters are sufficiently offended by his efforts to use government power to muzzle adverse opinion, and send him on a new career path. My guess? This incident won’t make any difference to his election chances at all, if voters like Stone’s politics and believe the radio host is a nettlesome lefty. We are constantly told how much of the country is willing to dispense with the Second Amendment, as if that proves that amendment is archaic. Sincere public support for the First Amendment is similarly shaky.

All right, let us agree that both legislator and college president are unqualified for their positions by virtue of their abandonment of their ethical obligations in their respective roles—Stone’s duty to respect free speech and observe proper limits on government power, Marchant’s duty to protect academic freedom and oppose government efforts to stifle free expression. That still doesn’t justify the elitist coverage of this story by Jonathan Turley, whose blog post first alerted me to it. For some reason, the noted civil rights expert and law professor believes that it is Stone’s wan academic credentials and humble work experience that explain his bullying tactics. Why else would Turley feel it is germane to note that Stone lists his education as ‘“Attended, Accounting, Central Carolina Business” and lists his experience as “Business Owner, O’’Connell’s Grocery Store”’ ? Why is any of that relevant? The law school professor is evidently a bigot, and believes that one’s ethical instincts and character are directly proportional to one’s degrees and work experience.

Rep. Stone is a citizen of the United States, and like every citizen, should be presumed to know about the Four Freedoms whether he graduated from Harvard or the School of Hard Knocks. There are plenty of well-credentialed bullies, fools and ignoramuses in elected office. It is sufficient to judge Stone by what he did; Turley’s implied ridicule of his educational and work background is a cheap shot, and reflects badly on the commentator, not his target.

_____________________________

Pointer: Res Ipsa Loquitur

Facts: NC Policy Watch

Graphic: Pozniak

Why The Gun Bill Deserved To Lose, and Why We Should All Be Glad It Did

A bad day for Machiavelli is a good day for America.

A bad day for Machiavelli is a good day for America.

Consequentialism rules supreme in Washington, D.C.; that is the tragedy of our political system. If unethical conduct is perceived as having a positive outcome, few in D.C. will continue to condemn the means whereby those beneficial and lauded were achieved. Worse, the results will be seen as validating the tactics, moving them from the category of ethically objectionable into standard practice, and for both political parties

Thus we should all reluctantly cheer the likely demise of the Senate’s gun control bill yesterday. The compromise background check provision that failed wasn’t perfect, but it would have been an improvement over the current system. Nevertheless, the post-Sandy Hook tactics of gun control advocates, including the President and most of the media, have been so misleading, cynical, manipulative and offensive that their tactics needed to be discouraged by the only thing that has real influence in the nation’s Capital: embarrassing failure.

The tainted enterprise begins with the fact that it should not have been a priority at this time at all. Newtown did not signal a crisis; it was one event, and that particular bloody horse had left the barn. The supposedly urgent need to “prevent more Sandy Hooks” was imaginary, but it apparently served the President’s purpose of distracting attention from more genuinely pressing matters, notably the stalled employment situation and the need to find common ground with Republican on deficit and debt reduction. Meanwhile, the conditions in Syria have been deteriorating and North Korea is threatening nuclear war: why, at this time, was the President of the United states acting as if gun control was at the top of his agenda? It was irresponsible, placing political grandstanding above governing. In this context, Obama’s angry words yesterday about the bill’s defeat being caused by “politics” were stunningly hypocritical. The whole effort by his party was about nothing other than politics. Continue reading →

Integrity Check For Homeland Security: Profiling At The Boston Marathon Bombing

...unless the government feels like it, in which case it's just fine. Got that?

…unless the government feels like it, in which case it’s just fine. Got that?

Shortly after the bombs went off in Boston, we were told that a “person of interest” was in custody and undergoing questioning. As detailed in a New Yorker piece, the young man who was apprehended and interrogated for five hours became a person of interest for one reason and one reason only: he “looked like a terrorist.” He was a Saudi national with a foreign name, and despite the fact that he was wounded in the blasts and acted no differently from any of the other horrified victims in the crowd, he was detained and his apartment was searched. Ultimately it was determined that he was innocent of wrongdoing, and he was released.

Oops! Never mind! Have a nice day!

Except I was under the impression that this practice, which is racial profiling beyond any question, was something this administration and the Dept. of Homeland Security rejected philosophically and practically. It is wrong, and it doesn’t work—or so those of us who are sick of going through invasive and time-consuming screenings at airports are told when we dare to suggest that there may be a better way than feeling up six-year-old girls and senile old men in wheelchairs. The conduct of agents and law enforcement officials in apprehending the young man for his garb, name and the color of his skin shows either that our government doesn’t really believe what it is telling us about profiling, or that it is willing to discard its human rights principles when the pressure is on. Which is it? I see no third explanation Continue reading →

Unethical Quote of the Week: David Drumm

“Gosnell is on trial for 7 counts of first-degree murder regarding the deaths of seven babies, and one count of third-degree murder for the death of a female patient. Many conservatives pundits think there should be greater media coverage. Be careful what you wish for.”

–—David Drumm, guest blogger on Jonathan Turley’s “Res Ipsa Loquitur,” arguing that scrutiny of the facts behind the Gosnell late-term abortion murder trial will show that pro-life protestors at Planned Parenthood clinics forced some women to enter Dr. Gosnell’s “house of horrors,” so conservatives should be eager to suppress the ugly story, just as the main stream media has done to avoid sparking an emotional national debate over the realities of abortion.

I'll put up a more flattering photo, Professor Turley, when you stop letting unethical people write on your blog.

I’ll put up a more flattering photo, Professor Turley, when you stop letting unethical people write on your blog.

A statement like Drumm’s above is signature significance. I don’t need to read another word to know that this is a commentator driven by politics and tactics rather than principle. Why is someone like this guest blogging on Jonathan Turley’s website? Turley is a legal scholar, an ethics expert, and everything Drumm is clearly not. He does not take knee-jerk ideological positions; his commentary is not partisan, and he is a civil libertarian. Civil libertarians do not endorse media manipulation of the news in the pursuit of partisan agendas, which is exactly what Drumm does here. Continue reading →

Ethics Quiz: The Case Of The Creepy Student

Muse and Artist, Victim and Harasser, or Censor and Victim?

Muse and Artist, Victim and Harasser, or Censor and Victim?

Joseph Corlett’s essay, though I have not found the full text of it,  is undoubtedly creepy.

In fall 2011, the 56-year-old countertop refinisher was taking a writing course at the Oakland University in Rochester, Michigan. His teacher, Pamela Mitzelfeld, gave the class an open writing assignment for their journals, and, Corlett says, assured them that any topic was acceptable, with no-holds barred.  She said, Corlett’s lawsuit now asserts, that she wanted “the raw stuff.”

That’s just what she got. Corlett wrote an essay called “Hot for Teacher,’ inspired by a Van Halen song by the same name, describing how his sexual attraction to Mitzelfield was irresistible. “Tall, blonde, stacked, smart and articulate…” he described her in his daybook. “Are you kidding me? I should drop right now. There is no way I’ll concentrate in class especially with that sexy little mole on her upper lip beckoning with every accented word. And that smile.”

Mitzelfield alerted university officials, saying that Corlett’s essay frightened and upset her, and that she refused to teach him any further. Moreover, she insisted that either he be ejected from the campus, or she would quit herself. He was escorted out of Mitzelfeld’s class a few days later by the Oakland University Police. A sexual harassment charge was dropped, but a hearing by university officials found Corlett guilty of intimidation and he was expelled for the rest of the semester. University officials allegedly told him that he would be arrested if he returned to the campus. His suspension lasts for  three semesters, and he must go through sensitivity counseling before he can reapply.

Aided by The Fire, Corlett is now suing for over two million dollars in damages, maintaining that his First Amendment rights have been infringed. “The university has essentially issued a straightjacket to every writing student to protect the delicate sensibilities of faculty and staff,” says Greg Lukianoff, FIRE advocate. The legal issues look pretty clear: Oakland University has a terrible case. “Write anything” means write anything, and certainly cannot mean “write anything except something the instructor will freak out over, in which case we’ll fix you good.” If it is true, as Corlett alleges in his lawsuit, that Mitzelfield made no objection to other sexually themed compositions by him that referred to her, his treatment by the school is indefensible. That’s not the ethical question, however. That question is your Ethics Alarms Quiz for the day, and goes like this: Conceding that Oakland University mishandled the episode…

Was Corlett’s essay ethical and blameless?  Continue reading →