Rights

Ethics Warm-Up, 12/8/2020: Yet Another Date That Lives in Infamy

/ Jack Marshall / 17 Comments

It’s not Pearl Harbor, but the assassination of John Lennon in Central Park 40 years ago today by a deranged fan is one of the saddest days in popular music history, on the level of the premature deaths of George Gershwin and Buddy Holly.

I really don’t want to talk about it.

1. Scary. The New Yorker’s Steve Coll wrote that”Those of us in journalism have to come to terms with the fact that free speech, a principle that we hold sacred, is being weaponized against the principles of journalism.” David Harsanyi writes at The National Review,

If you believe Americans are too stupid to hear wrongthink, transgressive ideas, and, yes, fake news, you’re not a fan of the small-l liberal conception of free expression. That’s fine. Those ideas seem to be falling into disfavor with many. But the sanctity of free speech isn’t predicated on making sure people hear the right things, it’s predicated on letting everyone have their say. Because as always, the question becomes who decides what expression is acceptable. I’m not keen on having the fatuous media reporters at CNN or activist “fact-checkers” at the Washington Post adjudicating what is and isn’t permissible for mass consumption…this kind of selective esteem for sacred ideals is becoming popular on the contemporary Left. Religious freedom is wonderful when the government protects Native Americans who want to smoke peyote, but it is “weaponized” when an order of nuns decides it’s not interested in chipping in for condoms or an Evangelical business owner decides he’d rather not participate in a gay marriage. Due-process rights are foundational to American life, unless they are being “weaponized” by college students accused of sexual assault….For four years, journalists acted as if Donald Trump was an existential threat to free expression because he berated and insulted reporters. Trump’s tone was certainly unpresidential, but it needs to be said that he did absolutely nothing to hinder anyone from criticizing him or reporting about him. Contra the self-canonized Jim Acosta, it was not a particularly dangerous time to tell the truth. Indeed, reporters were not only free to accuse the president of being a fascist, they could concoct entire fake scandals surrounding the Russians, and Trump was powerless to stop them….

As I will be saying for the next four years as often as possible: This is what those who voted for Joe Biden have endorsed in their determination to express their tantrum over a President whose style they found obnoxious. I really don’t know how they will be able to live with themselves.

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Morning Ethics Warm-Up, 12/7/2020: The Day That Will Live In Infamy

/ Jack Marshall / 80 Comments

Pearl Harbor

Today, of course, is the anniversary of the Japanese sneak attack on Pearl Harbor on December 7, 1941.

At 7:55 a.m Hawaii time, a Japanese dive bomber emerged out of the clouds above the island of Oahu. 360 Japanese warplanes followed in a devastating attack on the unsuspecting U.S. naval base at Pearl Harbor. The U.S. Pacific fleet was nearly obliterated: Five of eight battleships, three destroyers, and seven other ships were sunk or severely damaged; more than 200 aircraft were destroyed; 2,400 Americans were killed and 1,200 were wounded. Japan lost just 30 planes and fewer than 100 men. By the sheerest luck, all three Pacific fleet aircraft carriers were out of the harbor and at sea on training maneuvers, allowing the U.S. to use them to turn the tide of the Pacific war against Japan at the Battle of Midway six months later.

I always felt connected to the tragedy at Pearl Harbor through my father. At the dedication of the World War II Memorial in Washington, D.C., Dad introduced me to a veteran who had survived the attack, and just shaking his hand was a moving experience I shall never forget.

1. I’m glad I’m not a South Korean ethicist, because this would make my head explode. More than 200,000 young men each year​ have to interrupt their studies or careers in South Korea to join the military, for mandatory conscription is seen as crucial to the country’s vigilant defense against North Korea. Men must enlist for about 20 months once they turn 28. Last week, however, pop star Kim Seok-jin, the oldest member of the global K-pop phenomenon​ BTS​, turned 28 knowing that he could keep on singing, recording, touring and making money: South Korea’s Parliament passed an exception to the country’s Military Service Act​ to allow top K-pop stars like Mr. Kim postpone their ​military ​service until they turn 30.

There’s just no excuse for this classic “laws are for the little people” move, only rationalizations. “It’s a sacred duty to defend our country, but that doesn’t mean that everyone has to carry a weapon,” Noh Woong-rae, a senior lawmaker in the governing​ Democratic Party, ​said in a fatuous statement supporting the special treatment. The bill to craft pop stardom exception the Military Service Act was first introduced in September, after BTS became the first South Korean group ever to top the United States Billboard Hot 100 singles chart with its song “Dynomite.”

Here is the song that helps defend South Korea:

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These Are The “Experts” Your Present And Future Masters Rely Upon

/ Jack Marshall / 51 Comments

monster-replica

If I weren’t so sick of this topic, it would deserve longer post…a rant even.

Reason reports that many epidemiologists believe we should all wear masks and socially distance forever:

“I expect that wearing a mask will become part of my daily life, moving forward, even after a vaccine is deployed,” Amy Hobbs, a research associate at the Johns Hopkins Bloomberg School of Public Health says.Marilyn Tseng, an assistant professor at California Polytechnic State University, said life would never revert to the way it was, though the preventative measures currently practiced—masks and social distancing—will feel “normal” in time. Similarly, Vasily Vlassov, a professor at HSE University in Moscow, said life was perfectly normal now because this is the new normal….”

Of course they say that. Are you surprised?

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Rainy Monday Ethics, 11/30/2020: Statues, Dogs And Lies

/ Jack Marshall / 61 Comments

Also getting me down, Karen Carpenter songs. As with great movies with O.J. Simpson or Gig Young in them, these are hard to enjoy now, at least for me. One of the most lovely natural voices in pop music history was silenced by the pernicious disease of anorexia, exacerbated by, among others, her brother, her family, and music industry executives, who made Carpenter so self-conscious about her weight and appearance that she slowly starved herself to death before her 33rd birthday. I wish I could hear her sing—and I will do that a lot in the days approaching Christmas—without thinking about that, but I can’t.

1. Proposition: any nation’s historical figures who had the impact on those nations that Margaret Thatcher did in Great Britain over a significant period of time deserve to be memorialized with statues, absent some cataclysmic disqualifying act, like Richard Nixon’s Watergate scandal. Even in Nixon’s case, I would support a public memorial to such a historically influential figure.

In the English town of Grantham, where Thatcher grew up, an 11-foot pedestal awaits the arrival next year of a large statue of “the Iron Lady.” Apparently many in Britain, and a large proportion of Gratham’s working class residents, disapprove of Thatcher’s conservative politics and policies, and thus oppose the statue, which will be in immediate danger of toppling the minute it is erected.

Morons. One doesn’t have to personally agree with a historical figure’s position or even admire her to appreciate the impact that figure had. The criteria for memorializing prominent citizens should center on whether future generations need to know who they were and what they did, not whether their achievements and conduct are approved of according to often fleeting political, social and cultural values. Charles Moore, who wrote an authorized biography of Mrs. Thatcher, says, “It’s obvious there should be statues to Britain’s first woman prime minister. But…but…George Floyd! The New York Times’ article on the controversy says that statue toppling has become a world-wide phenomenon since the death of George Floyd. Now that makes sense: one of Great Britain’s most successful and important leaders should be robbed of her legitimate honors because a rogue cop accidentally contributed to the death of a black criminal in Minnesota.

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Sunday Ethics Insomnia, 11/29/2020: No Wonder I Can’t Sleep!

/ Jack Marshall / 15 Comments

1. I hate 99.9% of the petitions offered at Change.org. but I’m signing this one . It reads,

Professor Dorian Abbot, a tenured faculty member in the Department of Geophysical Sciences at the University of Chicago, has recently come under attack from students and postdocs for a series of videos he posted to YouTube expressing his reservations about the way Diversity, Equity, and Inclusion (DEI) efforts have been discussed and implemented on campus.
In these videos Prof. Abbot raised several misgivings about DEI efforts and expressed concern that a climate of fear is “making it extremely difficult for people with dissenting viewpoints to voice their opinions.” The slides for each of Prof. Abbot’s videos can be found here, and his own account of events and his opinions can be found here. Nowhere in these materials does Prof. Abbot offer any opinion that a reasonable observer would consider to be hateful or otherwise offensive.

Shortly after uploading the videos, Abbot’s concerns were confirmed when 58 students and postdocs of the Department of Geophysical Sciences, and 71 other graduate students and postdocs from other University of Chicago departments, posted a letter containing the claim that Prof. Abbot’s opinions “threaten the safety and belonging of all underrepresented groups within the [Geophysical Sciences] department” and “represent an aggressive act” towards research and teaching communities.

[Pointer: Pennagain]

2. “Hello, Newman...” According to the Postal Service’s own records, more than 150,000 mail-in ballots were not delivered in time for them to be counted on election day. This is, of course, as I and anyone else who was paying attention expected and predicted, because the USPS is undependable

I am surprised that the number was that low.

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The Inexcusable Big Brotherism Of Governor Phil Scott [Revised and Corrected]

/ Jack Marshall / 14 Comments

Tim Scott

Just so I’m clear: it isn’t only Democratic governors and mayors who have revealed themselves as Big Brother wannabes in the pandemic, just mostly. They also win hypocrisy prizes over their GOP counterparts for their party’s pushing Big Lies # 3 and #6, which are both dependent on the verdict that the President is an autocrat. Yet when a gift-wrapped excuse arrived for totalitarian edicts, it was Trump’s critics, not the President, who eagerly began squashing rights and crossing lines. Thus, to evoke the last line of today’s post, the Democrats are the bigger assholes, though both parties’ tin despots can bite me.

Vemont’s Republican Governor Scott, for example, should be impeached. Luckily for him, he is the governor of the state with arguably the least American values-friendly state in the union: Vermont, where the citizenry have elected such strange creatures as Howard Dean, who thinks hate speech isn’t protected by the Constitution, and Bernie Sanders, who admired the Soviet Union.

Scott informed Vermont via Twitter that schools will be adding new questions about how students spent their holiday to daily health checks. If the answer shows that a family didn’t toe the line, kids may have to take online classes for a two-week period or quarantine for a week. Or the Vermont State Stasi may drop by and take Mom and Dad to a re-education camp. You never know. Businesses are being instructed to similarly9nquire into employees’ private lives:

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Ethics Quote Of The Month: Justice Neil Gorsuch

/ Jack Marshall / 20 Comments

First-Amendment-on-scroll1

“It is time—past time—to make plain that, while the pandemic poses many grave challenges, there is no world in which the Constitution tolerates color-coded executive edicts that reopen liquor stores and bike shops but shutter churches, synagogues, and mosques.”

That is the final line of  Justice Gorsuch’s concurring opinion to the SCOTUS majority’s per curiam ruling, released last night,  in favor of New York Roman Catholic and Orthodox Jewish groups that sued over the state’s limited religious service attendance rules in response to the Wuhan virus.

The majority’s ruling concludes in part,

Members of this Court are not public health experts, and we should respect the judgment of those with special expertise and responsibility in this area. But even in a pandemic,the Constitution cannot be put away and forgotten. The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the First Amendment’s guarantee of religious liberty.

The emerging new Left no longer regards religious liberty as a big deal—ironic, since today we celebrate the group of religious expatriates who helped found our nation to escape religious persecution. The entire opinion, the concurring opinions of Justices Kavanaugh and Gorsuch, and the dissenting opinions of Chief Justice Roberts, Sotomayor and Breyer (Roberts argues that the case is moot) can be read here.

There can no longer be any reasonable doubt that President Trump’s Supreme Court nominations have provided the nation and its citizens with crucial protection  from a furious assault on its core rights by the suddenly “ends justify the means” obsessed Left. State and city government resorting to arbitrary edicts during the pandemic is but a preface to what is coming over the next four years.

If for nothing else, Americans who cherish the liberty that makes the nation unique and the hope of the world should give thanks this day for President Trump, and the Supreme Court he has left as his legacy.

 

 

The Left’s Assault On The Rule Of Law And The Legal Profession’s Cowardice, Or “Nice Little Firm You Have Here—Be A Shame If Something Were To Happen To It!”

/ Jack Marshall / 6 Comments

unbalanced-justice-scale

One of the many benefits of the Trump Administration and the concomitant 2016 Post-Election Ethics Train Wreck, one theory goes, is that it has exposed the ethical rot and lack of integrity of so many previously admired and trusted professions.

Among those that have thoroughly disgraced themselves in their rush to enamor themselves before their progressive, President Trump- loathing colleagues and friends—you know, the good people—have been journalists (of course), academics, psychiatrists, doctors, epidemiologists, ethicists, historians, teachers, judges and lawyers. Thus it shouldn’t have been a surprise (though it was to me, as always an optimistic sap) when efforts to prevent the Trump campaign from having the best possible legal advocates as it pursues challenges to the 2020 election results would bear ugly fruit.

The NeverTrump Lincoln Project joined the anti-Trump Democrats in targeting the law firms hired by the campaign. Election law specialists Porter, Wright, Morris & Arthur and its lawyers were threatened with professional ruin. The theory went that daring to support the President of the United States constitutes a “dangerous attack on our democracy.” The firm, showing a dearth of legal ethics and integrity withdrew, whining that the assault on its reputation created a conflict of interest, was disrupting the firm, and had prompted at least one lawyer’s resignation. Since then other firms have dropped the campaign as a client, and the reason was fear—of losing clients, of being shunned in the legal community, of losing money. Mostly the latter.

This is only the latest progression in the decay of basic law firm ethics that began during the Obama administration. The reason is—broken record here—bias.

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Oh-oh: WordPress Deplatforms The Conservative Treehouse Blog

/ Jack Marshall / 33 Comments

dead canary

I don’t understand this development at all. Perhaps I should say that I hope I don’t understand it. The move feels like another canary dying in the Free Speech mine.

A week after the 2020 Presidential election, The Conservative Treehouse received this from WordPress, which, as you know, hosts Ethics Alarms:

…”given the incompatibility between your site’s content and our terms, you need to find a new hosting provider and must migrate the site by Wednesday, December 2nd.

What’s going on here? This is the blog’s interpretation :

It means CTH is being kicked-off the WordPress website hosting platform because the content of our research and discussion does not align with the ideology of those who define what is acceptable speech and what is not.

What was our violation?  After ten years of brutally honest discussion, opinion, deep research and crowdsourcing work -with undeniable citations on the events we outline- there is no cited violation of any term of service because CTH has never violated one.

The WordPress company is not explaining the reason for deplatforming because there is no justifiable reason for it.  At the same time, they are bold in their position. Perhaps this is the most alarming part; and everyone should pay attention. They don’t care.

Truthful assembly is now the risk.  CTH is now too big; with a site reach of 500,000 to a million unique readers each day; and with well over 200,000 subscribers; our assembly is too large, too influential, and presents a risk… we guard the flickering flame.

The Conservative Treehouse is a professionally operated blog. I don’t visit it often; the tone is too ideologically rigid for me, and the lionizing of the late Andrew Breitbart, who proudly engaged in unethical journalism, signals to me that ethics is not high on the blog’s priority of values.

However, unless there is something more behind this event, it is ominous.

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One More Time: SCOTUS Must Decide Between Freedom Of Religion And Gay Rights in Fulton v. City of Philadelphia

/ Jack Marshall / 10 Comments

In Fulton v. City of Philadelphia the U.S. Supreme Court will decide yet another legal controversy that should not have occurred at all. Like the various cake-designing law suits, two parties that easily could have come to a mutually agreeable compromise decided, as the old saw goes, “to make a federal case of it.” Now, with the decision bound to abridge somebody’s constitutional right, we will have yet another example of how “Hard cases make bad law.”

This week the Justices heard arguments testing its 2015 decision establishing a right to same-sex marriage with Philadelphia’s decision to bar a Catholic agency that it had hired to screen potential foster parents because the agency refused to screen same-sex couples and approve them, since the position of the Church is that same-sex marriage is a sin. Hence the question: Is Philadelphia discriminating on the basis of religion by refusing to continue using the agency based on its religious mandates? The Church’s lawyer, Lori Windham, says that the agency only wants to continue work that it has been doing for centuries. Besides, she argued, gay couple had ever applied to the agency. If one had, she said, the couple would have been referred to another agency.

What’s the beef, then? Justice Alito says that like the bakery cases (my comparison, not his), LBGT activists want to bend the Church to its will, resulting in Philadelphia acting based on hostility to the Catholic agency’s views.

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