Rights

The Good News Is That For Once The Student Whose Speech Was Punished Isn’t A Conservative. The Bad News is That American University Doesn’t Get That First Amendment Thingy…

/ Jack Marshall / 5 Comments

Daniel Brezina was one of eight Washington College of Law (at American University) students investigated since May 25 for commenting in a class group online chat regarding Justice Samuel Alito’s leaked draft opinion in Dobbs v. Jackson Women’s Health Organization overruling Roe v. Wade and Planned Parenthood v. Casey. Another law student complained that the students’ pro-abortion positions expressed during the discussion harassed and discriminated against him because they went against his religious beliefs.

The Foundation for Individual Rights and Expression took on Brezina’s case, and he was finally cleared of any wrongdoing by the school after more than six weeks of being investigated.

Wow. I was an adjunct professor of legal ethics at American. Apparently none of the universities I’ve been affiliated with have reliable ethics alarms.

Maybe it’s me.

Observations:

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Ethics Quiz: Travails Of A Transgender Sex Offender

/ Jack Marshall / 7 Comments

As Samuel L. Jackson would say if he were preparing to delve into this ethics quiz:

“Ella” is transgender woman now, whatever that means, but back when Ella was a 15-year-old boy, and stood 6-foot, 5-inches while weighing in at more than 300 pounds, she, though then a he, joined another teen in sexually assaulting a 110 pound autistic 14-year-old boy who was blind in one eye and autistic. The Pre-Ella then taunted the kid on Facebook. The male predecessor of Ella pleaded no contest to one count of sexual assault of a child under 16 years of age and spent time in two juvenile detention and treatment centers. Somewhere along the way Ella decided she needed to transition to female-hood, so when, in her new female-identifying edition, she was ordered to register as a sex offender, she objected. Under Wisconsin law, sex offenders must register a legal name and any aliases they use, and they may not legally change their name. That seems reasonable, since there is no point to legally registering as a sex offender to alert the community of sex offending proclivities if one can just foil the measure by using a different name.

Ella has been “Ella” since her teens and is now 22. She argued that requiring her to register as a sex offender under her male name given at birth violates her First Amendment right to express her true female identity. She also contended the registry requirement, as applied to her, amounted to cruel and unusual punishment under the Eighth Amendment, in essence making her out herself as a former him, or a former him trapped in a female body, or something.

The Wisconsin Court of Appeals rejected Ella’s claims,  and last week, four mean old conservatives outvoted the court’s liberal members on the Wisconsin Supreme Court also denied Ella’s attempt to change her name after hearing arguments in the case in February. Continue reading →

Comment Of The Day: “Sunday Morning Ethics Warm-Up After A Cold, Cold Saturday, 6/26/2022: Dobbs Freakout Edition”

/ Jack Marshall / 10 Comments

Here is another epic Comment of the Day on the Dobbs freakout, this one by mermaidmary99, whose best comments are nearly always sent to SPAM by WordPress. Yet she persists….

Here it is, and may I say…

Wow.

***

As a woman, what guts me is that the safest place for a baby to be isn’t, and the person who above all others should advocate for that baby’s life and protect it, instead is upset they can’t kill it at will, for any reason whatsoever, including their own irresponsibility and stupidity.

Hearing my fellow “sisters” complaining that they can’t “exercise their RIGHT” (and have others pay for it) is one of the sickest, ANTI-SCIENCE, anti-nature, things I have ever seen.

And, for a party committed to science, Democrats have huge blinders on with this one.

So huge their religion that condemns abortions is IGNORED as well! Continue reading →

Once Again, An Analysis Of A SCOTUS Decision Is Distorted By Emotion And Ignorance

/ Jack Marshall / 25 Comments

This is a problem. And I’m just talking now about the previous SCOTUS ruling that launched a freak-out yesterday. As you probably know by now, the leaked SCOTUS ruling rebuffing Roe v. Wade is no longer a leak.

The Supreme Court ruled 6-3 to strike down a restrictive “needs-based” concealed carry laws in New York State Rifle & Pistol Association v. Bruen.  Even though Justice Thomas’s majority opinion was tight and clear as well as consistent with SCOTUS precedent as well as, of course, the Bill of Rights, such worthies as President Biden claimed that, in the President’s words, the ruling contradicted “common sense and the Constitution.”

What are the odds that Joe read the opinion before declaring that? I’d say “none.” Making such a statement while carrying the presumed authority of President without knowing what the Court’s analysis was is completely unethical and an abuse of position.

David Harsanyi, writing at RealClearPolitics, accurately writes,

The modern left doesn’t even bother pretending they believe the Supreme Court has a responsibility to act as a separate branch of government and adjudicate the constitutionality of law. Rather than even ostensibly offering legal reasons for their ire, Democrats simply demand the Supreme Court uphold public sentiment (or, rather what they claim is public sentiment), even though SCOTUS exists to ignore those pressures. The fact that that attitude has congealed as the norm in one of our major political parties does not bode well for the future of the Republic.

It is particularly disheartening that the three liberal justices in their dissent stooped to fueling this distortion of the Court’s role. Their arguments were almost all irrelevant to the  constitutional issues and the Court’s previous rulings regarding the Second Amendment. Instead, Sotomayor, Breyer and Kagan took the low road of evoking recent shootings and incidents of gun violence as if current events should permit the limiting of explicit Constitutional rights. 

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Morning Ethics Warm-Up, 6/22/2022: Let’s Hit The Ground Running!

/ Jack Marshall / 12 Comments

1. It’s a joke!!! That tweet is just the tip of the moronic iceberg for Republican Senate candidate in Missouri Eric Greitens. In a new fundraising video for his U.S. Senate campaign released this week, Greitens, a former Missouri governor who resigned before he could be impeached on multiple grounds including sexual assault, holds a pump-action shotgun and introduces himself as a Navy SEAL. (He is not a Seal: he resigned shortly before announcing his Senate run this year.) The video then shows him with a group of men in tactical gear hunting “RINOs”—Republicans who are not conservative enough for his tastes. He says, “Join the MAGA crew! Get a RINO hunting permit. There’s no bagging limit, no tagging limit, and it doesn’t expire until we save our country!”

And Sarah Palin was once accused of inciting murder by having little gun-sights on a campaign map!

Predictably, the irresponsible ad is being used by the mainstream news media and Democrats to characterize all conservatives and Republicans while hyping more anti-gun hysteria. Here’s CNN:

Some of history’s leading fascist movements used the strategy of armed volunteer militias intimidating, threatening and attacking political opponents. And the implications of Greitens’ ad are stunning: Line up behind the most extreme right-wing policies — and implicitly behind former President Donald Trump — or be hunted down by armed, jackbooted thugs.

Right. The implications of Greitens’ ad are that he’s a liar and an asshole, and that he is only slightly more fit to serve in the Senate than Herschel Walker, who defines the bottom of the bottom of the barrel… but presumably Missouri voters know that already. The ad and Greitens himself are metaphorical albatrosses around the GOP’s neck, but the party hung them there. He has been endorsed by several GOP luminaries, though so far, not by Trump.

2. Poll check: President Biden’s latest Civiqs approval rating hit 32%, with 56% disapproving of Joe. Again I ask: Who are those 32% that approve of Biden? What is it they approve of? What democracy can function if fully a third of the electorate have the IQs of flatworms and are happy to see the country rot?

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Ethics Hero: FINA (The International Swimming Federation)

/ Jack Marshall / 5 Comments

Now do cycling, weightlifting, wrestling and running.

The world governing body for swimming voted to bar transgender women from the highest levels of women’s international competition, bringing expertise, authority and common sense to a debate that had been distorted by the Mad Left’s inexplicable commitment to radical transexual ideology.

FINA administers international competitions in water sports, and now definitively prohibits transgender women from competing unless they began medical treatments to suppress production of testosterone before going through one of the early stages of puberty, or by age 12, whichever occurred later. This is now one of the strictest rules against transgender participation in international sports, and with any luck and some courage elsewhere, it will have the necessary effect on other sports as well. Going through male puberty gives transgender women a massive physical advantage over most athletes born female, as the pool exploits of University of Pennsylvania’s unethical swimming champion Lia Thomas made obvious. Continue reading →

Censoring Expressive Speech By Bowing To Threats Is Unethical…Yes, Even When The Speech is John Hinckley’s

/ Jack Marshall / 8 Comments

 Market Hotel agreed to host a concert on July 8th featuring the musical stylings of attempted Reagan assassin John Hinckley, Jr., who has been released  into the world on the theory that he was never technically guilty of a crime because he was insane at the time.  Hinckley called the show the beginning of his “Redemption Tour,” during which he will play his songs (are those bad rip-offs of Dylan dedicated to Jodie Foster on the program?) to promote, he says, rehabilitation for formerly incarcerated criminals and the mentally ill. Continue reading →

Wait, When Did Georgetown Law Center Take Over The Washington NFL Team?

/ Jack Marshall / 12 Comments

Very puzzling. The Washington “Commanders” (previously the Redskins) are punishing an assistant coach because he dared to express an opinion on social media that his boss and employers don’t agree with, since it is not sufficiently in line with the George Floyd Freakout, The Great Stupid, and the Democratic Party’s show trial strategy to somehow stave off disaster for Joe and Company in the November mid-terms. In this, the NFL franchise is emulating it’s city’s most prominent law school, Georgetown Law Center, which only recently finished driving away a non-conforming law professor who dared to opine that limiting the pool of potential Supreme Court Justices by race and gender was not the wise way to find the best judge available.

To paraphrase Dana above, “What’s going on here?”

Nothing good, that’s for sure. Just another unethical effort by a business entity to strongarm employees into supporting one particular party and ideology, or at least to intimidate them sufficiently that they stifle their dissenting views. There is literally no possible justification for the Redsk…I mean “Commanders” actions. Continue reading →

Comment Of The Day: “Ethics Dunce, And That’s Not The Half Of It: ESPN Host Sarah Spain”

/ Jack Marshall / 6 Comments

I confess: I was immediately drawn to Steve-O-in NJ’s comment because it gave me another opportunity to post my favorite ethics film clip of all, Sir Thomas More’s speech from “A Man For All Seasons.”

But Steve’s comment, on the post, “Ethics Dunce, And That’s Not The Half Of It: ESPN Host Sarah Spain,” is a worthy Comment of the Day on its own.

Here it is…

***

I have to laugh, because the same persons who want to come for the conservatives today were saying “First they came for the Muslims – and then we said, “not this time motherf***ers!” at the beginning of 2017.

These days it’s more like:

First they came for the Second Amendment, and I said nothing, because they said they were protecting schoolchildren.

Then they came for the Fourth Amendment – and I said nothing, because they said if you had nothing to hide, then you had nothing to fear.

Then they came for the Fifth Amendment – and I said nothing, because they were just streamlining the process to get bad people out of society.

Then they came for the First Amendment – and I said nothing, because they were just stopping the spread of disinformation and misinformation.

Then they came for me – and I was disarmed, cowed and silenced,with no protection, so I had no choice but to go quietly with them.

Note To Gov. DeSantis: The Tampa Bay Rays Are Not The Same As Disney

/ Jack Marshall / 15 Comments

I defended Gov. Ron DeSantis’s cancellation of Disney’s long-standing special status with the state of Florida, because, ethically, partners shouldn’t publicly attack partners without consequences, and because Disney’s privilege of self-government was in great part a product of the company bolstering core American values and a family-friendly culture. No, I pointed out more than once, this was not a case of a corporation being singled out to be punished for a political position the state opposed, but a situation where special benefits could no longer be justified if Disney was no longer going to hold up its end of the original mutually-beneficial deal of yore, which could be reasonably seen as “You don’t meddle in our business, and we won’t meddle in yours.” Moreover, giving Disney special benefits that other theme parks in the state didn’t have could not be justified as fair and reasonable any longer.

It now appears that I may have been giving Gov. DeSantis more credit than he deserved, and that his slap at Disney was, at least in part, an example of a state government punishing a company for a political position it had every right to hold, state, and act upon. Yesterday we learned that DeSantis intends to veto a $35 million bill for Florida to pay for a Pasco County facility that would serve as for the Tampa Bay Rays’ spring training home. The reason is, apparently, the baseball team’s public message above.

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