Rights

The Road To Totalitarianism: California Shows, Once Again, Which Party Is Driving

/ Jack Marshall / 20 Comments

Late yesterday, the State Bar of California  announced that Orange County attorney John Eastman (above), a former law school dean, law professor, and a long-time respected member of the bar, is the target of a disciplinary investigation into whether he violated laws while advising President Trump on options available to him in the wake of his election defeat in 2020. Eastman wrote two legal memos that advised Vice President Mike Pence that he could declare that the results in several states were disputed and therefore their electoral votes would go uncounted.  The State Bar’s chief trial counsel, George Cardona, announced  that Eastman has been the center of an investigation since September, saying in part,  “A number of individuals and entities have brought to the State Bar’s attention press reports, court filings, and other public documents detailing Mr. Eastman’s conduct.”

That’s odd: bar investigations of ethics complaints are supposed to be confidential, so complaints can’t be used as political weapons or to impugn lawyers’ reputations. Why is Eastman being treated this way? Oh, I’m sure there is some fine print exception somewhere, but the real reason is obvious from the LA Times story headline yesterday: “Breaking News: Trump-connected lawyer John Eastman under investigation.” Eastman is “Trump-connected,” so it’s guilt by association, a Joe McCarthy specialty and a favorite tool of despots for centuries.  Beware, any lawyers out there prepared to give counsel, representation and legal assistance to He Whom Progressives Hate and Fear! There will be consequences. Continue reading →

Comment Of The Day: “Comment Of The Day: ‘Ethics Quote Of The Week: Naomi Wolf'”

/ Jack Marshall / 6 Comments

Lest we forget about those truckers….

Vladimir Putin going nuts took an unwelcome spotlight off Canada’s Justin Trudeau, who had found himself in ethics zugswang while dealing with the popular “Freedom Convoy.” Feminist Naomi Wolf found his assumption of “emergency powers” to risk a slippery slope to a police state. Ethics Alarms commenter Glenn Logan, in his Comment of the Day, was more sympathetic to Trudeau’s plight (as am I), prompting a two-part lesson in Canadian democracy from one of the Ethics Alarms commentariat’s eminent Canadians, Humble Talent.

His Comment of the Day on Glenn’s Comment of the Day on Wolf’s newsletter essay is from two comments, offered in sequence.

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“The First Amendment, and whatever the Canadian equivalent is (however weakly codified) does not protect actions that interfere with lawful commerce or disturb the peace to the point of mischief.”

Well I’m glad you asked!

Canada also has a constitution, although ours wasn’t predicated on the same base narrative as America’s. As an outsider looking in, America’s constitution is almost paranoid in nature, usually you don’t draft the founding documents to a nation’s governments under the auspices of governments being tyrannical and specifically with an emphasis on protection from that tyranny. I make no negative values judgement there…they work, in a stiffly rugged way. To highlight the differences between Canadian and American constitutional theory: Where the founders wrote “life, liberty and pursuit of happiness” in America’s declaration of independence, Canada’s founders instead wrote in “peace, order, and good governance”.

Our Canadian constitution is more malleable, and over the years, it’s been broadly re-imagined. Instead of enumerated amendments to the constitution, in 1982, Canada codified our rights in a portion of our constitution called “The Charter of Rights and Freedoms”.

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Comment Of The Day: “Ethics Quote Of The Week: Naomi Wolf”

/ Jack Marshall / 8 Comments

The caravan of protesting truckers is, we hear, now on the way to Washington, D.C., after thoroughly disrupting Calgary, Canada, and perceptions of Justin Trudeau as a relatively harmless boob. He is now being seen as a harmful boob. D.C., meanwhile, has established itself as a locale where disruptive and even violent protesters are honored by a giant painted endorsement on a public street by order of the mayor when their alleged cause is sufficiently “woke,” and violent protesters from the other side of the ideological spectrum are charged with felonies and held in prison for many months.

This should be interesting, in the old Chinese saying sense.

Here is Ethics Alarms veteran Glenn Logan’s Comment of the Day on the post, “Ethics Quote Of The Week: Naomi Wolf”…

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I think in the end, the best complaint available is the double-standards being applied. When protests are ostensibly in favor of a left-liberal position, they are protected speech no matter how much lawlessness is involved. That same protest involving the same level of lawlessness is considered worthy of an emergency act invocation if the protest is not favored by left-liberals.

I get your point about the trucks blocking traffic Jack, and I don’t disagree. I have always believed that interfering in lawful commerce is illegal (and tortious as well) and should be prosecuted both criminally and by civil action when it happens. The First Amendment, and whatever the Canadian equivalent is (however weakly codified) does not protect actions that interfere with lawful commerce or disturb the peace to the point of mischief. Continue reading →

Good Start, Binghamton U….Now Fire Her.

/ Jack Marshall / 16 Comments

Binghamton University (NY) Professor Ana Maria Candela’s Introduction to Sociology syllabus originally stated that white students had to wait for “non-white folks” to talk before speaking up or asking questions, according to the syllabus.

In another charming section, Candela’s syllabus also included a quote from Chinese dictator Mao Zedong: “No investigation, no right to speak,” which she interprets benignly to mean, “Don’t speak until you know something.” I question the wisdom of quoting a Communist despot extolling “investigation,” but OK. Candela’s rules on class participation, however, embraced “progressive stacking,” which conditions “students’ participation and speaking based on their race and gender.” Continue reading →

Pop Ethics Quiz: The “Offensive” Mask

/ Jack Marshall / 19 Comments

Apparently a passenger was kicked off an Allegiant Airlines flight for wearing a “Let’s Go Brandon!” mask. he was told to remove the mask and replace it. He refused.

Let’s make this quick:

Was the airline fair and reasonable to insist that he remove the mask?

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Ethics Hero (“Socking It To Georgetown University” Div.) #2: Federal Judge James Ho

/ Jack Marshall / 4 Comments

As a graduate and former employee of Georgetown Law Center (and, though I say it myself, a living legend there), I have found the recent disgraceful episode where conservative scholar Illya Shapiro was suspended by the Dean at GULC for a tweet expressing the view that President Biden’s announced plan to make race and gender his primary criteria for filling Justice Breyer’s soon to be vacant seat on the Supreme Court particularly discouraging. (My JD diploma was already face to the wall for previous embarrassments, however.) I have been particularly disgusted by the failure of the GULC faculty to speak up in support of Shapiro in public, though other academics across the country have done so.

Thus it was with particular pleasure that I learned how Judge James Ho of the Fifth Circuit Court of Appeals, slated to speak at GULC yesterday on “Fair Weather Originalism: Judges, Umpires, and the Fear of Being Booed,” saw the obvious relevance of his topic to Shapiro’s ordeal and shocked his hosts by giving a different lecture than the one announced. He said in part,

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Welcome To The Weirdest Ethics Quiz Ever: Biden’s New Deputy Assistant Secretary At The Department of Energy

/ Jack Marshall / 44 Comments

No, I am not making this up, it is not a hoax, and I have verified the facts.

The latest Biden Administration hire is one Sam Brinton, the new Deputy Assistant Secretary of Spent Fuel and Waste Disposition in the Office of Nuclear Energy for the Department of Energy. Brinton announced his hiring on LinkedIn, writing that “In this role I’ll be doing what I always dreamed of doing, leading the effort to solve the nation’s nuclear waste challenges” and would “even be (to my knowledge) the first gender fluid person in federal government leadership.” Here’s Sam:

This is also Sam, in his drag queen persona “Sister Ray Dee O’Active.”

Sam says describing “her”: “I am the slutty one. And the nerdy one.” But Sam is more versatile still. That’s him on the left in the photo under the headline acting as a “handler” in the leather culture sub-set called “Puppy Play.” Handlers help human “puppies” like this good boy…

… behave like dogs while being treated as dogs, including, as far as I can determine, having sex while “being” a dog. Continue reading →

Ethics Dunce, China Olympics Ethics Train Wreck Division: Mark Wrighton, President Of George Washington University

/ Jack Marshall / 7 Comments

I wonder how the Board of George Washington University felt as it watched its newly hired President make a complete ass of himself. This is what is technically known as “a bad sign.” His botched and ominous response to his first test also may well be signature significance for a political correctness addled boob. We shall see.

Last week, well-conceived satiric posters, appearing to promote the 2022 Olympic Winter Games in Beijing until one looks closely, began going up on dorm doors and elsewhere around the Washington, D.C. university campus. The artwork pointedly depicts Chinese athletes in “events” representing human rights abuses perpetrated by the Chinese government. In one poster, a biathlon competitor points her rifle at someone who is blindfolded and wearing the Uyghur flag. Another shows a snowboarder atop a surveillance camera. The posters were created by a Chinese dissident artist based in Australia.

The George Washington University Chinese Students and Scholars Association, a local chapter of a Chinese student group overseen by the Chinese Communist Party, reacted true to their corrupt culture while adopting one of the worst habits of ours. It attempted to censor the posters, calling them “seriously racist”—they learned that trick from Democrats here— and said the art “insulted China” in an email to students last week and a letter to university officials, including GW President Mark Wrighton.

“Racist” and “insulted China”—you know, like calling a pandemic virus that China unleashed on the world a Chinese virus was racist and insulted China. Indeed, The student group was most upset by the poster that shows a Chinese curler pushing a Wuhan virus instead of a curling stone. Good.

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Ethics Hero: Luke Bunting ’22, Editor-in-Chief Of The Georgetown Journal of Law & Public Policy

/ Jack Marshall / 1 Comment

The battle over the punishment of Illya Shapiro for WrongThink—Imagine, he actually thinks excluding outstanding Supreme Court candidates by using racial and gender discrimination is unwise!—continues.

Luke Bunting, a 3L at Georgetown University Law Center who also edits one its journals, is stepping up where the GULC faculty has failed miserably. Echoing the legal academics and scholars across the country who have signed an open letter protesting the Law Center’s Dean, William Treanor’s effort to ingratiate the school with the censorious Woke and the race-baiting mob, Bunting has authored a similar letter for GULC alumni to sign. It reads,

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Hump Day Ethics Jumps, Bumps And Lumps, 2/2/2022

/ Jack Marshall / 33 Comments

Nothing like dancing camels to end a perfect day. If only this had been a perfect day…

Meanwhile, I’m so proud! Having told my undergraduate institution that it had so embarrassed me that I would not be attending my BIG reunion this Fall, which I once was looking forward to greatly, it was thrilling to see my law school alma mater, which I also worked for over the next four years after graduation (It liked me! It really liked me!), receive a major honor. Yes, The FIRE named Georgetown University Law Center one of the 10 Worst on its yearly list of educational institutions that do not adequately respect and bolster freedom of speech.

Congratulations, GULC! You’ve worked hard for this the last few years, and the honor is richly deserved.

1. Quit, Whoopi, but let me write your resignation letter. It is being reported that Whoopi Goldberg is furious that she was suspended by ABC for her dumb, ill-considered, offensive but provocative comments about the Holocaust on the dumb, ill-considered, offensive but provocative show “The View.” Her worst statement? I vote for “Well, this is white people doing it to white people. So, this is y’all go fight amongst yourselves.” That was part of her explanation of why the “Final Solution,” in which Hitler’s crazies decided to see the purification of the white race by exterminating “lesser races” like the Semites—just guess what would have happened to the Whoop’s people when Germany took over the U.S. by getting the A-Bomb first!—wasn’t about race. She feels, we are told,“humiliated” at being disciplined  after she followed their advice to apologize. No, no, that’s not what Whoopi should quit over. Charles C.W. Cooke explains it well in “Whoopi Goldberg’s Suspension from The View Is Illiberal and Irrational” at the National Review. Meanwhile, many are asking the unanswerable question, how come Disney, who owns ABC, fired actress Gina Carano when she said on social media—not on TV, not under Disney’s banner, that the repressive political speech climate reminded her of Nazi Germany. The “Mandalorian” star was also dropped by talent agency UTA and Lucasfilms, leading some writers to compare her treatment to the Fifties blacklist. Whoopi got a relatively minor two-week suspension. Double standard there, obviously: Whoopi is a black progressive, Carano is a white conservative. Neither should be punished for an opinion unrelated to their competence at their job. If Whoopi quits, she could do some good by making it clear that it’s in defense of free speech and people being unafraid to speak freely. Continue reading →