Rights

Morning Ethics Warm-Up, 1/31/2020: A Man’s Home Is His Box, And More…

/ Jack Marshall / 16 Comments

Hello, Ethics Alarms, Good-bye January…

Between the nauseating impeachment charade and baseball’s cheating scandal (and the largely ethically ignorant commentary regarding it),  the bias of the mainsteam media reaching critical mass in episodes like this and the Don Lemon panel’s mean girls mockery of those dumber than dumb Trump supporters, mounting evidence that Democrats are going nuts based on the rise of a superannuated Communism fan in the race for the party’s Presidential nomination, and, of course, my wife doing a face-plant into some asphalt,  it was a not a happy 31 days at The House of Ethics.

Amazingly, it has been a very good month for the President, becoming the first POTUS to unequivocally endorse the anti-abortion movement by appearing at the March for Life, cutting a partial deal with China, ridding the world of Qasem Soleimani (and in doing so, prompting  his domestic foes, including the news media, to publicly sympathize with a terrorist and a nation that habitually calls for America’s destruction), releasing a Mid-East peace plan that is garnering support everywhere but from Iran, the Palestinians, and, of course, the U.S. media, and seeing economic figures so good even the New York Times has been forced to acknowledge them, all while being called every  name in the book and an existential threat to democracy on C-Span by the Democratic House impeachment managers.

1. “Dolemite Is My Name” We finally watched “Dolemite Is My Name,” (on Netflix), Eddie Murphy’s homage to comic Rudy Ray Moore and  his 70s Blaxploitation film “Dolemite.” So much for my proud claims of cultural literacy: I never heard of  Moore or his film, which is apparently a genre classic. Moore is regarded as the Father of Rap; how did I miss this for so long? Murphy’s movie tells the mostly true story about how a group of complete novices, led by Moore, made an exuberantly idiotic movie (faithful to Moore’s formula for success with black audiences: “Titties, funny, and Kung-Fu”) for $100,000 that grossed 10 million.

The movie is fun as a black version of “Ed Wood” (same screenwriters, I discovered later) and won some awards. For it to be make any 2019 Ten Best lists, however, is blatant race pandering by critics. Continue reading →

FIRE Names The Ten Colleges That Most Abuse Freedom Of Speech. Yes, Harvard Is On It. Of Course It Is.

/ Jack Marshall / 13 Comments

And yes, for the exact reason that caused me to turn my diploma to the wall.

Here are the Foundation for Individual Rights in Education’s 2020 selections as the 10 Worst Colleges for Free Speech:

Babson College (Wellesley, Mass.)

Babson College fired adjunct professor Asheen Phansey for a Facebook post parodying  President Donald Trump’s (dumb) tweet threatening to bomb 52 cultural sites in Iran. The professor’s satire wasn’t exactly Dave Barry, but it was obviously a joke:

“In retaliation, Ayatollah Khomeni should tweet a list of 52 sites of beloved American cultural heritage that he would bomb. Um… Mall of America? …Kardashian residence?”

The post was shared by a local gossip blog, and Babson administrators suspended Phansey pending an “investigation,” intoning that the college “condemns any type of threatening words and/or actions condoning violence” and that it was “cooperating with local, state and federal authorities.” That was some investigation: less than a day later, Babson  fired him.

FIRE  protested to Babson  earlier this month, pointing out that Phansey’s post was  obviously a criticism, not an endorsement, of threats of violence, mixed with sarcasm about American culture.

Ethics Alarms covered the incident here.

Jones College (Ellisville, Miss.)

Last spring, administrators and campus police at Jones College twice stopped student Mike Brown  when he tried to recruit students for a campus chapter of Young Americans for Liberty, telling him he needed the school’s explicit permission to speak on campus. When  Brown and two others displayed a sign inviting students to give their opinions about legalizing marijuana, a staff member called campus police. Brown was taken to the police chief’s office and, according to Brown, was told  he was “smarter than” to engage in such conduct on campus without permission. Two months earlier, a Jones administrator called campus police when Brown and a friend produced  an oversized beach ball they dubbed a “free speech ball” for students to write messages while Brown  talked to them about free speech and Young Americans for Liberty.  The Horror. Yes, the police told them they were not allowed to have a provocative beach ball on campus without permission from the school.

Brown has filed a First Amendment lawsuit with FIRE’s help. The Department of Justice has piled on, telling the school that its policies are unconstitutional.

Harvard University (Cambridge, Mass.)

Continue reading →

Morning Ethics Warm-Up, 1/29/2020: Dogs, Mike Bloomberg, Joe Biden, D.C., Jimmy Kimmel, Threatening Deplorables And Restricting Rights

/ Jack Marshall / 25 Comments

Well, dogs are good, anyway…

1. Stop making  dogs defend Mike Bloomberg!…Is there anything too trivial that people won’t use to attack politicians? A CBS News video began circulating online yesterday afternoon showing Michael Bloomberg shaking hands with a man in Burlington, Vermont, then taking his dog’s upper jaw  in his hand and “shaking” the dog’s  snout  He then scratched the dog’s ears. The social media mob called him a dog abuser.

Morons. That’s a move that most dogs enjoy, as well as someone grasping their whole muzzle. It shows Bloomberg is comfortable with and knowledgeable about dogs. I used to do both moves with our 165 pound English Mastiff, and our Jack Russells.

2.  I know this is of interest to almost nobody who isn’t a lawyer, but trust me, it’s a big deal. The District of Columbia has long been the only U.S. jurisdiction that allows law firms to have non-lawyer partners, a structure prevented everywhere else by the general prohibition on lawyers sharing their fees with non-lawyers. When D.C. adopted its revolutionary approach, it assumed that the states would soon follow, with the American Bar Association’s assent. Because that hasn’t happened, a state-licensed lawyer with a D.C. license participating in a legal firm in D.C. could technically be found to  be violating that state’s ethics rules , though the District has negotiated a truce in that potential controversy.

Meanwhile, those special law firms with non-lawyer members are proliferating like legal rabbits. Now  a Jan. 23 press release tells the world that the District of Columbia Bar is taking comments regarding proposed changes to its ethics rules that could allow external ownership of law firms, as well as blended businesses in which lawyers and non-lawyers provide both legal and nonlegal services, like accounting. Or massages–who knows? Right now, law firms by definition can only practice law.

Perhaps even more significantly, California, Utah and Arizona are also studying changes that would relax ethics rules barring non-lawyers from holding a financial interest in law firms. Continue reading →

Ruby Tuesday Ethics Round-Up, 1/21/2020: The Boy Scouts Are Going Down, Curtis Flowers Is Getting Out, And David Hogg Is Still An Ignorant Yutz

/ Jack Marshall / 23 Comments

Good morning, everybody!

Good morning, Mick!

It’s disturbing how things get planted in my head: I couldn’t get the Rolling Stones out of it after someone commented, in reaction to an observation that we had another anti-Trump freakout looming when Justice Ginsberg dies, to the effect that she was the Keith Richards of the Supreme Court. Okay, but she has to leave us sometime,  as do we all, and I would bet that she cannot last another four years. I don’t even like to think about how low Democrats, the “resistance” and the news media will go to try to block the confirmation of a conservative replacement, or the hysteria that will follow.

1. The Lesson: organizations tend to act to protect themselves, not the victims of their misconduct. The Boy Scouts of America may face bankruptcy as lawsuits alleging sexual abuse by leaders and volunteers proliferate. The crisis is greatly aggravated by the loosening statutes of limitations across the country. The District of Columbia  eliminated the statute of limitations that restricted  the time for sexual abuse survivors to pursue civil litigation,  and created a two-year window for survivors under the age of 40 to file suit regardless of the date of the incident.  Accordingly,  Abused in Scouting filed suit in Washington, D.C., on behalf of eight men who say they were victimized as boys by Scout leaders and volunteers. The same process is going on in California, where similar suits are underway by 14 plaintiffs. California’s Assembly Bill 218 just kicked in on January 1, like D.C.’s law allowing victims of child sexual assault to file suit until age 40 and opening a three-year window for those abused as children to sue for past incidents.  Many more states have or soon will follow suit.

This appears to be ready to follow the awful path of the Catholic Church’s child molestation scandal, with similar evidence of cover-ups. The BSOA are a lot smaller than the Church, but they also have far less money to pay in multi-million dollar court settlements. It didn’t take a lot of imagination to see this coming, and the Scouts were already in trouble, with a blurring mission, falling membership and gender issues.

The Boy Scouts saved my father’s life, as I’ve related on Ethics Alarms elsewhere. I’m glad he didn’t live to see this. Continue reading →

Martin Luther King Day Ethics Overview, 1/20/2020: Another Warren Lie, The Times’ Misandry, Doris Kearns Goodwin Gets Dorian Grayed, And More

/ Jack Marshall / 22 Comments

Let us be grateful today for Rev. Martin Luther King.

I have no doubt that the nation would be a worse place today without the leadership of Martin Luther King, and I believe a holiday dedicated to honoring him is appropriate. He is also a symbol, perhaps, of the toxic hypocrisy dividing the nation, as well as the excesses and exploitation of the civil rights movement since his death.

From Jonathan Rauch’s review of Christopher Caldwell’s new book, “The Age of Entitlement”:

In Caldwell’s telling, the Civil Rights Act, which banned many forms of discrimination, was a swindle. Billed as a one-time correction that would end segregation and consign race consciousness to the past, it actually started an endless and escalating campaign of race-conscious social engineering. Imperialistically, civil rights expanded to include “people of color” and immigrants and gays and, in short, anyone who was not native-born, white and straight — all in service of “the task that civil rights laws were meant to carry out — the top-down management of various ethnic, regional and social groups.”

With civil rights as their bulldozer, in Caldwell’s view, progressive movements ran amok. They “could now, through the authority of civil rights law, override every barrier that democracy might seek to erect against them”; the law and rhetoric of civil rights “gave them an iron grip on the levers of state power.” And so, today, affirmative action discriminates against whites and then lies about it; public and private bureaucracies trample freedom of association; political correctness stigmatizes dissent and censors language and even thought; “every single state must now honor” Martin Luther King Jr., “and affirm its delight in doing so.”

1.  Senator Warren’s latest lie! The previous post about Warren lying omitted her most recent one, which came up while I was drafting it.

Campaigning in Iowa,  Warren was asked  when she plans on using presidential authority for some of her policy agenda instead of relying on Congress. She responded in part,

“Let me remind you, I think, I’m the only one running for president whose actually been on the executive side. Remember, after the consumer agency was passed into law, Barack Obama, President Obama, asked me to set it up. So I set up a federal agency. We effectively went from two employees the day I walked in the door to about 1000 and spent a year getting it up and operational.”

Now, as I did yesterday regarding an alleged Trump lie, the use of “I think” can be a defense to an accusation of lying, since it means, “I could be mistaken.” In Trump’s case, what he erroneously thought (that he had been on more TIME covers than anyone else) could have plausibly been caused by not knowing facts that were not well known or easily found. There is no way that Warren could have thought that her smidgen of executive experience exceeded that of her competition for the nomination. Joe Biden was Vice President, also on the “executive side,” and was in charge of more than helping to set up one tiny agency. Bernie Sanders was once mayor of Burlington, Vermont. Mayor Pete is, after all, a mayor. Mike Bloomberg was Mayor of New York City, which many regard as the equivalent of being a governor. Continue reading →

Sunday Ethics Warm-Up, 1/19/2020: In Which The Conundrum Is Posed, “Can A Warmed-Up Warm-Up Still Be Called A Warm-Up?

/ Jack Marshall / 23 Comments

Hmmmm…

Well, that was strange. Yesterday’s warm-up turned into the long post about Judge Staton’s disturbing dissent, and by the time I had finished it and the previous “fake news” compendium, my window for getting the Saturday Warm-Up up had slammed shut. Today’s Warm-Up is largely made up of the items that were wiped off the board by the Obama-appointed judge’s “whenever the courts really, really think national policy should be different from what it is, they have the power to change it by edict” opinion.

1. Sausage biscuit ethics. I’m fond of sausage biscuits for breakfast, but the 7-11 variety have a garbage-y taste, and the sole local McDonald’s that I’m not boycotting for ethics transgressions is mobbed in the morning. Of the frozen variety, I will not patronize a company, Jimmy Dean, which uses its dead founder as a TV spokesperson without pointing out that he’s dead. Over the holidays, I tried a lesser and much cheaper brand of frozen sausage biscuit, Tennessee Pride, and they were good enough.

Yesterday I bought another box. When I pulled out a bag of two “sausage biscuits,” I saw that the sausage was sitting between two small buns, unlike the contents of the previous box. Buns are not biscuits, but the label on the box read in large type, “Sausage Biscuits.” I did notice, however, that the photo on the box showed buns.

Would that fact be a complete defense against an accusation of false labeling? I doubt it, but it doesn’t matter. “Fool me once” is once too many.

2. Res Ipsa Loquitur: “an informed public.” Twitter user @Golfergirl2018  shared a post she saw on Facebook, written by someone who sympathizes with antivaxx parents (you know…morons) who don’t want to put “chemicals” in their kids. “I think instead of chemical shots the doctors should give a small piece of the virus, so the body can build immunity,” he wrote.

BRILLIANT! Why didn’t someone think of that long ago?

Yes, it is unethical and irresponsible to publish opinions on topics you haven’t researched, don’t understand, and know nothing about. I wonder how many social media posts would survive if this were recognized as a rule of commentary? Continue reading →

The Terrifying And Unethical Dissent Of Judge Staton In “Juliana vs. the United States”

/ Jack Marshall / 16 Comments

This is why all Americans should be grateful for President Trump’s judicial nominees.

In 2015, a group of 21 children (<cough> I’m sure this was the children’s idea, aren’t you? Sure you are) filed  a lawsuit that came to be known as Juliana vs. the United States. This pure abuse of the legal system to engage in climate change hysteria  grandstanding asserted that the government  was violating their constitutional rights by not sufficiently addressing the climate  change crisis. The case should have been thrown out years ago, but last week, the 9th Circuit Court of Appeals finally did it.

Well, good. The fact that it took this long was a disgrace, and the result of “Think of the children!” pandering. The 9th Circuit being the residue of judicial activism and liberal bias that it has long been, however, it couldn’t restrain itself from writing, “The panel reluctantly concluded that the plaintiffs’ case must be made to the political branches or to the electorate at large,.”

panel concluded. Whoever one the three judge decided that the word “reluctantly” belonged there should be forceably retired.  “The panel reluctantly concluded that the United States Constitution does not permit courts to dictate national policy, nor citizens, especially those without voting privileges, to bypass our system of governance because they disagree with its policies” is what that word is telling us, and a judge who regrets how the separation of powers operates to that extent does not belong on the bench. Maybe they belong in President Elizabeth Warren’s cabinet, as she announced this week that she would eliminate student loan debt “on day one.” Lord, this woman is a shameless liar!

But I digress. Sorry. Warren’s name is becoming like “Niagara Falls” to me in the old vaudeville skit….

Continue reading →

Morning Ethics Warm-Up, 1/16/2020: Special “Morning Warm-Up That Actually Gets Posted In The Morning” Edition [UPDATED!]

/ Jack Marshall / 23 Comments

Good morning, good morning!

Well, my Christmas tree is drying out, and its demise is near. Every January since I was a small child the slow acceptance that soon this bright, sparkling symbol of innocence, love, family optimism and joy will be gone has been painful, and you know, in this respect, I haven’t changed a bit. There’s no reason, of course, why we can’t have the spirit of Christmas all year long—heck, Scrooge pulled it off—but somehow the loss of the Christmas tree reminds me that everyone will be back to their same petty, nasty, selfish ways, if they aren’t already. Even me.

<sigh!>

1. The New York Mets don’t get ethics, but we knew that. The Mets’ new manager is Carlos Beltran, fingered in the MLB report on the Houston Astros cheating scandal as one of the ringleaders of the scheme that already has cost that teams manager and general manager their jobs. Alex Cora, who shared prominence in the report with Beltran, also was fired from his job as manager of the Red Sox. Beltran escaped snactions from MLB because he was a player at the time, and the baseball management decided, for many reasons, that it could not punish the players. But now not just a player, but according to the investigation the player at the center of the cheating scandal is a manager. Isn’t the next step an obvious one? A major league team can’t have as its field leader a player who was recently identified as a key participant in a cheating scandal in which ever other management figure was fired, can it? How hard is this? To make matters worse, Beltran had  recently lied in interviews with sportswriters about his knowledge of the Astros scheme. Yet so far, the Mets haven’t taken any action at all.

Beltran will be fired before the season begins, but the longer it takes for the Mets to figure out why, the more clearly the organization’s ethics rot will come into focus.

UPDATE: Beltran was sacked by the Mets this afternoon. (Thanks to Arthur in Maine for the news.) See? What did I tell you?

2. And speaking of baseball ethics rot, New York Times sports columnist Michael Powell proved his nicely. He mocks the current baseball cheating scandal thusly: Continue reading →

Afternoon Ethics Refresher, 1/15/2020: Firing, Tweeting, Protesting, Talking Friends Into Suicide…

/ Jack Marshall / 35 Comments

Hello?

Traffic here inexplicably dead yesterday and today. Is there a secret ethics convention nobody told me about? There is, isn’t there? I’m hurt…

1. It’s too bad so many readers don’t pay attention to the baseball posts, because a lot of fascinating ethics issues with general applications arise…like right now. Yesterday, as already mentioned in an update to yesterday’s post and a couple of comments, the Boston Red Sox “parted ways with Manager Alex Cora by mutual agreement.” (He was fired.) In a press conference I just watched, the Red Sox brass said that Cora, who was both successful and popular in Boston, was let go solely because of the MLB investigation report regarding his involvement in cheating while serving as a coach for the Houston Astros in 2017, and the allegations of cheating  while managing the Sox in 2018, still under investigation, played no part in the decision. What they meant is that the Astros cheating was going to result in a long suspension for Cora anyway, so the team didn’t need to wait for the bad news regarding his cheating in Boston.

The weirdest thing about the press conference is that none of the four Sox officials would do anything but praise Cora, his character, his judgment, his dedication to the team, his devotion to baseball. Gee, why did they fire this saint, then? Alex Cora’s character is obviously flawed, or he wouldn’t have masterminded major cheating schemes that cost the Astros 5 million dollars and four key draft choices while losing the jobs of two men who advanced his career. Cora’s judgement also stinks, because his actions have now cast a shadow over two teams, their championships, and the records of the players his schemes benefited.

If he was so dedicated to the team, why is  it now facing a public relations and competitive disaster because of his actions? If he was devoted to baseball, how did he end up at the center of a scandal that undermines the perceived integrity of the game? Continue reading →

Ethics Dunce: The North West Hendricks School Corporation

/ Jack Marshall / 5 Comments

How can organizations, especially schools,  think this kind of thing is acceptable, much less ethical? Who are the lawyers advising these people? Where do they think they’re living?

In Indiana, the North West Hendricks School Corporation’s “ Parent Code of Conduct ” says that parents should not use social media to make “rude or offensive comments” regarding school staff members or the school itself. Parents also cannot use social media to “campaign against or fuel outrage against individual staff members, the school or policies implemented by the school or district.” Violating the policy means that a parent can be removed from the school premises and banned from entering school grounds forevermore.

This is one of those unenforceable provisions that exist to intimidate and deceive those ignorant parents who were so badly educated (perhaps in the North West Hendricks School Corporation ) that they can’t spot an unconstitutional rule when they see one. No public school can tell parents what they can or can’t say on social media. This is a pure First Amendment violation, so blatant that it even roused the local ACLU from its accustomed slumber.

The ACLU of Indiana was asked about its assessment of the restriction on parents’ speech, and  legal director Ken Falk replied,

“I think this is flagrantly unconstitutional. The overarching problem is you have the government saying if we don’t like what you’re saying, we can punish you — but the government is not allowed to do that. That’s why we have the First Amendment.”

The rule has been in the Parent Code since 2016, but nobody reads these things. It is coming to the fore now because the district is currently keeping a teacher on its payroll despite allegations of sexual misconduct toward a student. Some parents have been discussing the situation on Facebook, and wonder about the school’s response. The district made a point of  handing out copies of the Parent Code of Conduct at a December school board meeting, and it was taken by many as a warning. Continue reading →