Rights

Valentines Day Ethics Nosegay, 2/14/2019: Polling, Posturing, And “Pouncing”

/ Jack Marshall / 28 Comments

Happy Valentine’s Day, everyone!

1. No, no luck finding lovey-dovey ethics stories...except that my wonderful wife Grace and I will have been married for 39 years come November, and I love her more today than the day we wed. Good job, Cupid!

2. The misinformation of polls. Three polls today illustrate how polling is used for advocacy and propaganda, rather than enlightenment. They are often the opposite of enlightenment.

Poll I: Public approval of Supreme Court Justices.

What this poll really tells us is a) that the news media’s bias powerfully molds public opinion and b) the public is always willing to give an opinion about matters they know nothing about. To even begin to be valuable, the polls should have qualified its respondents by asking, “How many judicial opinions by each justice have you read?” My guess would be that less than 1% of Americans have read a single Supreme Court opinion from members of the current court in their entire lives. The polls says that the public most approves of Justices Ginsberg, Sotomayor, and Chief Justice Roberts. This is based on what, exactly? The public approves or disapproves of what? Clearly it is nothing substantive or based on actual knowledge.. What, then, is the value of such a poll? [Source: Crooked Media] Continue reading →

The District Of Columbia Bar’s Proposed New Anti-Discrimination And Harassment Rule

/ Jack Marshall / 12 Comments

In May of 2018, I wrote about the ABA’s new anti-discrimination and harassment rule, 8.4 g, which has been heavily criticized, and, in Tennessee, declared unconstitutional. Here, again, is the text:

“It is professional misconduct for a lawyer to… engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline or withdraw from a representation in accordance with Rule 1.16. This paragraph does not preclude legitimate advice or advocacy consistent with these Rules.”

Undeterred (and as I predicted), the always “woke” District of Columbia Bar is charging ahead with a version of the rule, and asking for comments from members (like me) on its proposed version, which would replace the current, much narrower anti-discrimination rule currently enforced, Rule 9.1. Here is the D.C. draft:

D.C. Rule 9.1 (Nondiscrimination and Antiharassment)

It is professional misconduct for a lawyer, with respect to the practice of law, to engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, family responsibility, or socioeconomic status. This Rule does not limit the ability of a lawyer to accept, decline or, in accordance with Rule 1.16, withdraw from a representation. This Rule does not preclude providing legitimate advice or engaging in legitimate advocacy consistent with these Rules.

Hmmmm. Continue reading →

When Ethics Alarms Don’t Ring: The Virginia Cankerworm Bill (and a Poll)

/ Jack Marshall / 16 Comments

At this point it is superfluous to name Virginia Delegate Kathy Tran an Ethics Dunce. That’s obvious, both from extreme her pro-late term abortion position, and her disingenuous, cowardly back-tracking once her callous and unethical views went viral on YouTube. This, however, requires not merely malfunctioning ethics alarms but dead political survival alarms, melted human decency alarms, and rusted-solid “How can I look at myself in the mirror?” alarms.

The same day, January 9, that Tran introduced “House Bill No. 2491 — Abortion; eliminate certain requirements,” she introduced House Bill No. 2495 – Fall cankerworm; spraying prohibited during certain months.”

No, the bills aren’t really related, except symbolically. Tran’s abortion bill aims to strip virtually all legal protections for the unborn in Virginia. Tran’s other bill adds protections for caterpillars, though the objective of the bill isn’t really the welfare of the bugs. Nonetheless, the juxtaposition is ugly and to some, telling. To full-throttle abortion advocates like Tran, unborn children might as well be worms, except that they don’t object to restrictions on worm-killing. Continue reading →

Ethics Dunce And Incompetent Elected Official Of The Month (Yes, Even More Than Virginia’s Gov. Northam!): Dearborn, Michigan Mayor Jack O’Reilly

/ Jack Marshall / 19 Comments

Henry Ford was an important industrialist, innovator and inventor, and a towering figure in automotive history. Nobody, however, mistook him for nice guy. In addition to many ruthless tendencies, Ford was well documented anti-Semite, even by the ugly standards of his time, when that particular form of bigotry was generally considered reasonable. However, when the city-funded Dearborn Historian included a article documenting Henry Ford’s anti-Semitism, the city’s mayor, Jack O’Reilly, killed the issue, ordering the museum that produces the magazine not to mail it out.

Dearborn is where Ford was born, where his estate is, and where he built his flagship motorcar factory. For some reason that apparently means to O’Reilly that the folks who live there should know less about their town’s most famous and accomplished resident that everyone else. Ford’s hatred of Jews is, after all, hardly news: he was open about it when he was alive; there are books about it; and his family has been trying to live down the shame of that part of his legacy for decades.

Oh, never mind all that: the false lesson being pushed on our society in recent years is that inconvenient history disappears if you erase the record of it. This is the message of all the screeching and crunching metal sounds from The Confederate Statuary Ethics Train Wreck, and all the other attempts to airbrush the bad stuff from industrial, local, national and personal histories. O’Reilly is a true believer that Henry Ford’s not-exactly-good name will be cleansed by making sure as few citizens as possible know what a creep he was when he wasn’t revolutionizing American industry and changing lives of Americans for the better. He is, in other words, a censorious fool. Continue reading →

Ethics Quiz And Comment Of The Day: The Governor’s Yearbook Photo [Corrected]

/ Jack Marshall / 82 Comments

You know you’re having a bad week as a politician when one scandal knocks a another scandal you’re involved in off the front page. Welcome to Virginia Governor Ralph Northam’s world right now, and where he’ll end up in it, nobody knows.

In case you missed it, Northam and abortion-loving Democrats were in the midst of trying to justify his comments earlier in the week accepting the concept of legal infanticide when a medical school yearbook photo turned up on social media, showing the governor-to-be either in black face or wearing Ku Klux Klan garb. Yes, this was another Hader Gotcha: conservatives were looking for dirt under very old rugs.  Northam confirmed that it was indeed him in one of the two costumes (but not which!) and issued the now familiar “this is not who I am now” apology:

“I am deeply sorry for the decision I made to appear as I did in this photo and for the hurt that decision caused then and now,” Northam said in his statement. “This behavior is not in keeping with who I am today and the values I have fought for throughout my career in the military, in medicine, and in public service. But I want to be clear, I understand how this decision shakes Virginians’ faith in that commitment. I recognize that it will take time and serious effort to heal the damage this conduct has caused. I am ready to do that important work. The first step is to offer my sincerest apology and to state my absolute commitment to living up to the expectations Virginians set for me when they elected me to be their Governor.”

It was immediately clear that this would not suffice. Northam is a Democrat, after all, and that is the party of race-baiting. Republicans weren’t likely to let Northam talk his way out of this either, not after he won his close 2017 gubernatorial election against Republican Ed Gillespie with the assistance of a jaw-dropping TV ad ad linking Gillespie to  the white nationalists who marched in Charlottesville and showing the GOP candidate trying to run down minority kids in his car.  Although the ad was not a product of his campaign, Northam refused to condemn it, and his campaign reported it as an “in-kind contribution.” The campaign also sent out a mailer tying Guillespie to white nationalists.

What Republicans say about the yearbook photo doesn’t matter, however. Northam’s own party turned on him, with his Democratic predecessor Terry McAulliffe, the NAACP, the Congressional Black Caucus, the Virginia Legislative Black Caucus, and the Democrats in Virginia’s state legislature all calling on him to resign.

After all, casually endorsing infanticide is easy to defend to the hard-core Democratic base, but wearing a tasteless costume 38 years ago while a student is unforgivable.

Wait…what?

The instant issue might be moot in a few hours, as the betting is that Northam will resign, but  your Ethics Alarms Ethics Quiz of the Day’s  question will remain:

Should Ralph Northam’s 1984 yearbook photo require him to resign as Virginia Governor?

Continue reading →

Morning Ethics Warm-Up, 2/1/2019: Dumb, Dumber, Fake, and Fakiest

/ Jack Marshall / 6 Comments

At least this guy has hair…

If I’m out of bed, it’s morning to me…

1. Update. Wow. My furious ex-Ethics Alarms commenter actually filed a motion to oppose my motion to extend the time to file a response brief to his rambling 70+ page, incoherent rant of an appellant brief, as he tries to get the dismissal of his defamation suit against me overturned. Such extensions are granted as a matter of course and courtesy, and real lawyers never oppose them, so a petty motion like that sends a strategically unwise signal to the court that this is not really a legal matter but an abuse of process to pursue a grudge. Of course, reading the brief itself makes that clear.

2. Incompetent Elected Official Of The Day: Rep. Jason Crow (D-Co), who tweeted about the President sending troops to the border,

This guy needs to be sent back to government kindergarten. Troops are almost always deployed for political reasons, both national and international. Does he remember when LBJ sent troops into Selma? How about Truman using troops to break the railroad worker’s strike? Commenter Tim Levier correctly notes, “What troop was ever deployed for a non-political agenda? They go where the politicians send them. And what better place than in their home country defending their actual borders for national defense?”

The  new class of Democratic representatives is one for the ages. What an idiot. Continue reading →

Morning Ethics Warm-Up, 1/28/19: Ethics Avalanche!

/ Jack Marshall / 46 Comments

ARRGH!!!

Too many festering ethics issues to cover in as much detail as they deserve…

1. The deterioration of the New York Times, and with it respectable print journalism, continues. Over the weekend, the Times published a very large, front page diagram showing the President in the middle of a circle of indicted aides, advisers and others with some connection to his campaign. (I’m looking at it right now; I can’t find a version on the web to post.) It belongs in the Guilt by Association Hall of  Shame, and some other shameful halls as well. Literally none of the indictments involve any campaign activities by Trump or his campaign that would constitute illicit cooperation with Russia to affect the 2016 election—you know, the supposed point of having a Special Counsel. The bulk are so-called “process” violations, which means that the individuals lied in some aspect of the investigation, and was charged to pressure him to “flip” on the President.The one individual whose charges are linked to Trump is Michael Cohen, whose actual crimes had nothing to do with Trump, and whose alleged crime involving Trump–paying off an adulterous sex partner to keep quiet—is probably not a crime at all, even though Cohen pleaded guilty to it to save his skin.. The graphic proves nothing and clarifies nothing. It is just raw meat for Trump-haters, asserting guilt without substance. Similar circles could be assembled around many, many national figures and politicians (Bill Clinton comes to mind, and Barack Obama), especially following two years of targeting their associates.

2. Ann Althouse vivisects Tom Brokaw.  Just go to this link and read Ann’s expert commentary on Tom Brokaw’s bizarre turn on “Meet the Press,” and the even more bizarre tweets he issued to apologize to the social media mob for opining that “Hispanics should work harder at assimilation.” (Hispanics assimilate just fine, especially when they are here legally.)

Yes, poor Tom really did tweet, ” my tweet portal is whack i hv been trying to say i am sorry i offended and i so appreciate my colleague.” 

3. This would be an unethical quote of the day except that CNN fake media ethics watchdog Brian Stelter says and writes unethical things so often that it is no longer worth highlighting. Stelter re-tweeted with favor this quote from a panelist on his show as they discussed Rep. Alexandria Ocasio-Cortex:

“She’s got a target on her back because she ticks every box that makes conservative men uncomfortable.”

Of course, this is pure race- and gender-baiting, the progressive and media reflex response to any criticism of female or minority Democrats, and insulting to women and progressive men as well. I assume many of the latter—the smart ones, anyway—are also made “uncomfortable” by arrogant, ignorant, under-qualified, anti-Semitic, Socialist naifs who garner a disproportionate amount of publicity while advocating absurd and irresponsible policies. A member of Congress who blathers like AOC would be like fingernails on a blackboard if she were a midde-aged he of Nordic descent.

Boy, Stelter is terrible. I hereby apologize to Howard Kurtz for being so hard on him when he had Stelter’s job. Compared to Stelter, Howard is me. Continue reading →

Morning Ethics Warm-Up, 1/10/2019: Rabbits, Time Lords, Elephants And Fools

/ Jack Marshall / 38 Comments

Good morning.

This a reluctant warm-up, and I was tempted not to create distractions from the previous post, which is important, especially so because there is a near complete media embargo on what the Times did. Has anyone seen a mention of it anywhere besides here and in the conservative media? I haven’t. Yet a more convincing example of  what the news media has become could not be imagined, and the public has the right to know. I want people to be outraged about this. I want people to shake the story in the face of their biased journalism-defending friends. I want to see the cowards who fled the discussions here accusing me of bias return and explain how this could happen innocently, or try to justify it, or continue to insist that there is no organized effort to destroy the Trump Presidency and with it our democratic institutions.

I admit it: this episode makes me as angry as I am disgusted and worried.

1. In a lighter vein, on the topic of life competence…In  Yala National Park in Sri Lanka, a 41-year-old man was reportedly trying to impress other tourists by getting out of his car (which is illegal) and attempting to hypnotize an elephant. The man’s name has not been released, but now they call him Matt, because the unimpressed elephant trampled him flat. Now watch them blame the elephant. Says Professor Turley, who found this story, ” some at the scene suggested that alcohol may have played a role.”

Ya think?

What is the ethical response to someone who gets himself killed like this?

2. It looks like we have at least two ethically-challenged new Congresswomen...Rep. Tlaib of “impeach the motherfucker fame” unreeled a combination of Authentic Frontier Gibberish (AFG) AND ethical ignorance as she continued to dig her hole following the outburst. Tlaib told CNN on this week that she’s “very unapologetically me” [Rationalization #41 A. Popeye’s Excuse, or “I am what I am.”] and her constituents “are kind of used to my realness, used to this passion that I have” [Excuse me a second…Gag! Uck! Gack! Yecch! Ptuii!…This is #44, The Unethical Precedent, or “It’s Not The First Time.”

“And I know for many people, it did — it did get the best of me at that moment and for many people it might have been very much a distraction…”what I want to do is not allow women like myself that have every right to be angry and upset and mad and to curse — that somehow they’re not allowed to do it in some sort of public forum.”

Ah! She’s an idiot. Women and everyone else have a right to be vulgar, uncivil, insulting, obscene, undignified and generally rude in public. The fact that they have the right to act badly doesn’t mean it is right. Most relatively educated 12-year-olds understand this, and Tlaib, who is in Congress, doesn’t. Continue reading →

Ethics Alarms Reader Poll: Will The SCOTUS Decision on “Fuct” Be Unanimous?

/ Jack Marshall / 24 Comments

It should be. It’s amazing to me that this issue has to take up the time of the Supreme Court, it’s so obvious.

Last week, the U.S. Supreme Court agreed to review that case of Iancu v. Brunetti, and decide whether the Lanham’s Act’s ban on “immoral” and “scandalous” trademarks violates the First Amendment. The U.S. Patent and Trademark Office had refused to register a trademark for a line of clothing called “FUCT,” reasoning that “FUCT is the past tense” of a vulgar word and is “therefore scandalous,” a federal appeals court said. The U.S. Court of Appeals for the Federal Circuit had struck down the ban on scandalous and immoral trademarks in December 2017,  but clothing designer and artist Erik Brunetti had agreed that the Supreme Court should hear the case even though he had won.  The cert petitions are here and here.

The Supreme Court struck down another provision of the Lanham Act in June 2017,  when it held that the ban on “disparaging” trademarks violated the First Amendment. The case, Matal v. Tam, was filed by an Asian-American rock band that wanted to trademark the name the Slants. The vote was 8-0 because Justice Neil M. Gorsuch did not participate in the decision. That decision also squashed efforts begun by Democrats and the Obama Administration to force the Washington Redskins to give up their “offensive” team nickname. The team’s trademarks had been cancelled in 2014 following complaints from “offended” non-football fans and a small minority of Native Americans. Justice Samuel Alito wrote for the Court,”It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”  The opinion rejected the government’s argument that protected trademarks become a form of government, rather than private, speech. Continue reading →

Morning Ethics Warm-Up, 1/7/19: Fleeing The US, Exploiting The Golden Globes, Spinning The Shutdown, And More

/ Jack Marshall / 24 Comments

Best wishes for an ethical week ahead!

1. They just can’t help themselves. Golden Globe hosts Andy Samberg and Sandra Oh went out of their way before the show to sell the idea that last night’s Golden Globes Awards would avoid political grandstanding, but sure enough, there was Best Actor in a Comedy or Musical winner Christian Bale, who plays Dick Cheney in “Vice,” accepting his honor by saying that he was “cornering the market on charisma-free a—holes … What do we think, Mitch McConnell next?” [Pointer: Zoltar Speaks!]

If I were the producer or on the Golden Globes board, I’d ban him from future ceremonies. Bale, who is probably the best actor still acting now that Daniel Day-Lewis has retired, was just virtue-signaling to the left-biased Hollywood crowd, and willing to annoy a lot of his audience to do it. There’s nothing productive or profound about calling two public servants, one of them retired, “a-holes” on national television; it’s just uncivil and rude. Not only that, but Bale is a genuine hypocrite: Less than a month ago, the actor spoke glowingly about Cheney, telling Fox News, “He was a wonderful family man — he’s a great dad, he’s an avid reader, he has a brain like a vice and he constantly reads history.” It sounds to me like Bale cuts his opinions and words to fit the audience he’s addressing.

2.  From the Ethics Alarms “How Dare You Make Me Act Like A Jackass?” Files: The mainstream media has been using a Gallup poll showing that 16% of Americans polled say they want to leave the country as an indictment of President Trump. The spin is based on the narrative that anything negative is Trump’s fault, and anything positive that occurs is dumb luck, a late result of Barack Obama’s brilliance, or because Trump’s real objectives were foiled. In truth, the uptick in citizens saying they want to leave is a direct result of non-stop anti-American propaganda, in the schools, the colleges, in the news media, and from activists who pretend that the nation is an oppressive, autocratic, Fascist Hell where every woman is at risk of being raped, white supremacy is rampant, and African Americans are hunted down and shot on the streets for “living while black.” This state of mind has been seeded and cultivated entirely by “the resistance” and the ideologues who created it.

As several others have pointed out, Gallup’s summary that “a record number of Americans want to leave the U.S.” is fake news, and in multiple ways. There is no “number,” just a percentage of the group Gallup polled. That percentage, moreover, represents the alleged pollees who say they want to leave the U.S., not the ones who really want to, which would be demonstrated by some proactive steps to accomplish that objective. Women, under-30s and the poorest Americans make up the bulk of the 6% jump from the 10% of Americans who said they wanted to flee while Obama was President. I  attribute the result to 1) the despicable, constant fear-mongering by Democrats, as in the ridiculous claims that Brett Kavanaugh would send the nation’s women into “A Handmaiden’s Tale”-style sexual slavery; 2) the general civic ignorance of millennials, too many of whom who get their knowledge of national affairs from Stephen Colbert and social media, and who have been conditioned to think that trading liberty for nanny state socialism would be a rational trade;  3) the false narrative, pushed by the news media,  that President Trump is a racist; and 4) the fact that it is traditionally the progressives who threaten to leave the country whenever the Democrats aren’t in power, not conservatives when their star is waning. (Why is that?)

Ethical and civically literate Americans recognize that they are responsible for changing their nation for the better, whatever “better” is. Leaving is a cowardly and unpatriotic act, and my position is that if someone thinks losing an election is justification to leave for foreign shores, the U.S., its society and its politics are better off without them.

Bye!

Continue reading →