Rights

Ethics Dunce State: California (Who Else?)

/ Jack Marshall / 17 Comments

We don’t need further evidence that the Golden State has jumped the ethics shark, has general contempt for the Bill of Rights and is in thrall to Alinskyite “ends justify the means” rationalizations, but here it is anyway. California state lawyers tried to defend in federal court an old law, California Penal Code §26820, which read:

No handgun or imitation handgun, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.

Now, don’t ask me how a law like lasted as long as it has; the thing is 95 years old. But it’s embarrassingly unconstitutional. That’s prior restraint by definition. If a first year law student, or a well-educated college student (if thee are such things), reads that law, the First amendment alarms have to start ringing. Why wouldn’t California just repeal such a law, quietly, so as not t embarrass the state? Why wouldn’t California, like a state with some integrity that supports  core U.S. values, just concede to the Court that the law is a dud, and not oppose the claim that it is illegal? I think we have to assume that is because the culture of this particular state has rotted through. It doesn’t support core U.S. values like the freedom of speech, which might be the most vital of them all. Continue reading →

Morning Ethics Warm-Up, 9/11/18: As They Read The Names Of The Twin Towers Bombing…

/ Jack Marshall / 62 Comments

Sad morning….

1. Serena ethics updates An indignant Facebook friend appeals to authority by telling me that  Chris Evert and Billie Jean King are defending Williams, and that they know more about professional tennis than I do. That’s a classic appeal to authority, and a very lame one. What a surprise that female tennis superstars have each others’ back! Chris and Billie Jean sure aren’t ethicists. I’d love to interview them. “So you believe that coaching from the stands, even though forbidden by the rules, should be allowed? Do you think that an unknown player who behaved like Serena did would have been treated any differently? Do you think that anyone would be supporting her if she were penalized? Since the record shows that Ramos does not treat men any differently than he treats women on the court, doesn’t Serena owe him an apology? Can you comprehend why calling a ref, whose reputtaion depends on being regarded as fair and unbiased, a “thief” is worse that calling him a “four-letter word”?

I can play the biased expert witness game too: here’s Martina Navratilova’s op ed, which is comparatively ethically astute and tracks with my post in many respects.

The polls about Mark Knight’s “racist and sexist” cartoon has these results:

85% side with Knight. I’d love to hear the explanation of the one voter who said the cartoon was sexist but not racist.

The reason I made the issue an ethics quiz is because I’m really torn in the issue. Yes, cartoons of blacks employing exaggerated features naturally evoke Jim Crow and minstrel show racist images. But political cartoons exaggerate features, often in unflattering ways. That’s the art form. Does this mean that blacks are immune from ever being portrayed cruelly in a political cartoon? I think that’s what the anti-Knight contingent is arguing.

My view is that double standards are destructive and unethical. By the by, were Jimmy Carter’s lips that big?

Continue reading →

The Hitler Joke, Our Rights, And Our Nation

/ Jack Marshall / 49 Comments

Prologue

When I was a junior in high school, I played Ko-Ko in  the Gilbert and Sullivan Club’s production of “The Mikado.” The head of the music department directed, a Jewish teacher named Mr. Einsig. He had the staging notes for all of the Gilbert and Sullivan works from the director who had gained great acclaim from his work with the Boston Light Opera Company, and I must admit, I cribbed many of that director’s ideas myself, through Mr. Einsig.One effective  staging concept was for the encores to “The Flowers That Bloom in the Spring.” Each one was performed as a different ethnic parody, with Ko-Ko singing translated lyrics. It began with Japanese, of course, then French, a Brooklyn dialect, and the biggest hoot of them all, German. I performed it, in my kimono, with an over-the-top Hitler imitation, complete with mustache, ending with an emphatic “Heil” gesture.

It brought down the house. Ten years later, at Georgetown University Law Center, I played Ko-Ko again, did the same Hitler parody again, and brought down the house again. Nobody complained. My late father, crippled for life in the fight against Hitler, detected nothing wrong with the routine. He also loved “Hogan’s Heroes,” with the show’s reluctant, inept, heiling Nazis, and the other Heil-filled spoofs of Hitler by Chaplin, Mel Brooks, and even the Three Stooges.

Now here is what happened to a private school teacher: read the whole, awful thing here. The short version: he was gesturing while explaining something in class, and noticed that his arm was raised Nazi-style, and said, “Heil Hitler,” jokingly. There was no question whether he was serious or not: everyone knew he was joking, and why he was joking. He even stopped and explained to the class that Once Upon A Time, in less enlightened eras, it was considered amusing to mock Hitler and the Nazis.

Ben Frisch, the teacher, a practicing Quaker  whose father was Jewish and who had two great-grandmothers  killed at Auschwitz, was fired by the private school anyway. The school principal who fired him explained his reason to the New York Times magazine  by saying, “One of our pledges is to make all of our students feel safe. And that is something that I take very, very seriously.”

Says the Times reporter in part in reaction to this: Continue reading →

Morning Ethics Warm-Up: Through The Teeth Of The Storm Edition

/ Jack Marshall / 36 Comments

Good Morning!

Just flew to Florida on pressing business. Ethics knows no obstacles…

1. From the  “The Ends Justify The Means” Files, Democratic section: Led by Sen. Cory Booker, Democrats are releasing confidential documents willy-nilly, in breach of Senate rules.  The Washington Post calls this “civil disobedience.” Elected officials aren’t allowed to engage in civil disobedience, because their duties include maintaining civil order and the Rule of Law. This isn’t civil disobedience. This is Democrat Senators violating rules when they think it’s to their advantage to do so. Chuch Schumer, whose reputation and level of public trust should be in freefall for anyone paying attention, tweeted,

“I stand w/ Judiciary Committee Democrats who are well within their rights to release these very important documents that a former Kavanaugh deputy designed as “committee confidential.”

This is apparently another convenient Democratic Party rule change: restrictions don’t count if Democrats don’t like the official who has the power to issue them.

2. This is  pure bigotry and discrimination. Why isn’t that obvious? Why isn’t the news media pointing it out? From the LA Times:

Twentieth Century Fox was just days away from locking picture on “The Predator” when an urgent note came in: Delete the scene featuring Steven Wilder Striegel. Striegel, 47, didn’t have a big role in his longtime friend Shane Black’s reboot of the sci-fi thriller — just a three-page scene shared with actress Olivia Munn.But last month, Munn learned that Striegel is a registered sex offender who pleaded guilty in 2010 after facing allegations that he attempted to lure a 14-year-old female into a sexual relationship via the internet. When Munn shared the information with Fox on Aug. 15, studio executives quickly decided to excise him from the movie.

This reminds me of the scene in “Ship of Fools” when a passenger is exiled from the captain’s table on a German ship because a Nazi complains that he is Jewish. Continue reading →

The Return Of Louis C.K. For Ethics Dummies

/ Jack Marshall / 20 Comments

Ick.

Reading the news media and entertainment websites, one would think that Louis C.K.’s return to stand-up comedy after nearly a year in exile or rehab or something raises ethics conundrums that would stump Plato, Kant and Mill. It’s not that hard. The fact that everyone, especially those in the entertainment field, are displaying such confusion and angst just tells us something useful about them. They don’t know how to figure out what’s right and wrong.

In case you have forgotten, cult comedy star  Louis C.K. admitted last November at the peak of the #MeToo rush that he had masturbed in front of  at least five women without their consent. Ick. His cable show and other projects were cancelled, and he disappeared from the public eye. Then, last weekend, he returned to the stage at the Comedy Cellar in New York, performed for about 15 minutes, and received a standing ovation.  This apparently alternately shocked or confused people. I’ll make it simple.

Does the comedian have a right to practice his art after the revelation of his disgusting conduct?

Of course he does. He wasn’t sentenced to prison. He has a right to try to make a living at what he does well. In fact, he has a First Amendment right to tell jokes any where others will listen to him.

OK, he technically has a right. But is it right for him to come back like nothing has happened?

What? The man was publicly shamed and humiliated. He can’t come back as if nothing has happened, because everyone knows that something has happened. Nevertheless, his art does not require the public trust. It does not demand good character, or even the absence of a criminal record. Does a great singer sound worse because he was abusive to women? No. Is there a law that says men who are abusive to women should never be able to work again? No, and there shouldn’t be. I wouldn’t hire C.K. to work in an office, because I see no reason to trust him around others. But he’s not a worker, he’s an artist. He never engaged in inappropriate conduct on stage. He can be trusted as an artist,at least when he’s performing solo.

Comedian Michael Ian Black tweeted regarding Louis C.K.that “Will take heat for this, but people have to be allowed to serve their time and move on with their lives.I don’t know if it’s been long enough, or his career will recover, or if people will have him back, but I’m happy to see him try.” For this he apologized,  saying this position was “ultimately, not defensible.” after he was broiled on social media. Should he have apologized? Continue reading →

Morning Ethics Warm-Up, 8/30/18: Double Standards, Signature Significance, Facebook Tricks, And Pettiness From Beyond The Grave!

/ Jack Marshall / 26 Comments

Gliddy glup gloopy!!

1. Tennis Ethics: Yes, I’d call this a double standard…When I saw the headline at AOL— “The US Open has been accused of sexism after a female tennis player was slapped with a code violation for changing her top in the middle of a match”—I assumed that this was another bare-breasts equality story. No, it was even stupider than that. At the U.S. Open at Flushing Meadows this week,  Alizé Cornet was playing Swedish star Johanna Larsson when Cornet realized she  had put her her top on backwards during a break.

So she quickly fixed the wardrobe malfunction on the court, briefly exposing her black sports bra. The Horror. The umpire slapped Cornet with a code violation, unsportsmanlike conduct. But male players frequently remove their shirts on the sidelines, and usually aren’t wearing any bra at all. Indeed, male player Novak Djokovic  removed his shirt on the same day Cornet received her warning. Women’s Tennis Association rules state that women are not allowed to change clothes while on the court, but there is no similar rule for men.

2. Signature significance for an unethical politician. (But it’s Andrew Cuomo, so we knew that anyway.) During the New York  gubernatorial candidates’ debate  between Governor Andrew Cuomo and actress-turned-politician Cynthia Nixon, there was this exchange,

Cuomo: Excuse me, can you stop interrupting? 

Nixon: Can you stop lying?

Cuomo: Yeah, as soon as you do!

The audience thought this was funny.

New Yorkers.

3. Today’s  alarming “Nah, [enter Social media of mega-tech company here]  doesn’t abuse its power 0r manipulate information for a political agenda! Why would anyone suggest such a thing?” note:

NPR, to its credit, published an investigative reporting piece debunking a popular anti-gun fake stat, one that David Hogg et al. have wielded repeatedly: the U.S. Education Department’s claim that in the 2015-2016 school year, “nearly 240 schools … reported at least 1 incident involving a school-related shooting.”  The NPR investigation findings:

“…NPR reached out to every one of those schools repeatedly over the course of three months and found that more than two-thirds of these reported incidents never happened. Child Trends, a nonpartisan nonprofit research organization, assisted NPR in analyzing data from the government’s Civil Rights Data Collection.

We were able to confirm just 11 reported incidents, either directly with schools or through media reports.

In 161 cases, schools or districts attested that no incident took place or couldn’t confirm one. In at least four cases, we found, something did happen, but it didn’t meet the government’s parameters for a shooting. About a quarter of schools didn’t respond to our inquiries.

“When we’re talking about such an important and rare event, [this] amount of data error could be very meaningful,” says Deborah Temkin, a researcher and program director at Child Trends.

Gee, ya think?

This statistic has been disputed before, but since the challenges came from conservative news media, the NRA or other Second Amendment supporters, the mainstream media kept using it, and I’m sure the Parkland kids will keep using it anyway, since facts seem to have little importance to them. National Public Radio, however, has been resolutely anti-gun for decades, and never saw a liberal cause it didn’t admire.

When a Facebook user shared the NPR article on Facebook, however, it was removed because, as Facebook informed him,  “it looks like spam and [it] doesn’t follow our Community Standards.” See?

Again: You cannot trust these companies or the people who run them. Continue reading →

Afternoon Ethics Warm-Up, 8/29/2018: Amazingly, There Are More Important Ethics Developments Than How Long The White House Flag Was At Half-Mast…

/ Jack Marshall / 26 Comments

Gooooood Morning!

1 It’s not just bias–ignorance also makes you stupid, Part I. On Fox News this morning, they were breathlessly talking about the importance of stopping the publishing of those evil blue-prints of 3-D printable guns. Why, last year, a plastic gun got through TSA security, and it was loaded! And those 3-D printed guns are cheaper than ever! (nobody mentioned that making a 3-D gun that shoots is still incredibly expensive.)

The report was like science fiction, and the woman in a protesting group who said that these guns needed to be stopped NOW! should have had her head wreathed in tin foil. Did Fox discuss the First Amendment issues? No. Did Fox explain that anyone can make their own gun without a 3-D printer? No. Did Fox explain anything relevant to the actual case? Of course not. Did Fox point out that the judge who just issued the injunction admitted that his action abridged speech? No, not that either.

And no, the other news networks weren’t any better.

2. California is ending cash bail. Good. It may backfire, but a statewide experiment somewhere is needed. Bail may be a necessary evil, but the long-time criticism of the system as being biased against the poor has validity, if not a solution. Not every idea Jerry Brown has is bad, just most of them. My guess is that this will be a PR and political disaster, but hey, I don’t live there. The first time a “non-violent” accused criminal kills someone while on his own recognizance, the someone won’t be anyone in my…oops, I forgot, I have a nephew and a niece in California. Well, they’re rabid Democrats and progressives, so they have consented to the risk, I guess.

Amusing reaction: The bail-bondsmen say that they’ll leave the state if this policy stays. Well, of course. Why wouldn’t they leave? What kind of a threat is that?

3. It’s not just bias–ignorance also makes you stupid, Part II A poll says that a majority of the public can’t name a single member of the Supreme Court, despite a large majority believing that the Court’s decisions greatly affect their daily lives. Worse, most of the public thinks the Court is a partisan body, like Congress, because most of the public doesn’t know the difference between the Supreme Court and an ice cream cones, and virtually none of the public has read a single Supreme Court opinion all the way though in their entire lives. No wonder  the Democrat fear-mongering about Judge Kavanaugh is regarded as a smart tactic. Ignorant people are the easiest to con. Conned people warp our democracy.

That’s why it is unethical to be ignorant. Continue reading →

The Jehovah Paradox Strikes Again!

/ Jack Marshall / 19 Comments

Even I get sick of repeating myself, and there is not a lot new to say since the last individual was punished for saying the word nigger in order to discuss the ethical problem with the word nigger. Still, this episode deserves special attention, because the utterer herself, Galileo-style,  capitulated to this lunacy,

Mary Beth Maxwell, the head of the Human Rights Campaign’s educational arm, has resigned after a colleague revealed that she spoke the word nigger twice, in both cases not to refer to an African-American, but to describe a situation in which the denigrating term was used by others. And yet she resigned anyway. Read the story here, but to summarize from an ethics perspective:

  • Maxwell is an idiot and a coward to allow herself to be forced out like this. She has had her brain washed to believe that there are such things as magic taboo words that do tangible and real harm no matter how or where they are used.
  • Apparently this is one more growing malady in Crazy Left World. It needs to be eradicated by the concerted efforts of all free speech embracing citizens regardless of party or belief.
  • HRC President Chad Griffin’s official statement said in part,

“As an organization devoted to achieving equality and stamping out bigotry, we are confronted with hate speech on a daily basis,” Griffin wrote in the memo. “But it’s our job to respond to these incidents in ways that are appropriate and don’t compound the harms done. This situation has crystallized the need for a formal policy on our expectations and requirements of staff in responding to or discussing hate speech.”

What to do? How does one discuss “hate speech” without using “hate speech”? It’s the Jehovah Paradox!!!

The Jehovah Paradox:When one must clearly or graphically reference something offensive in order to explain why it is offensive (or not), thereby risking being accused of the same offense that one is trying to analyze.

Gee, I wonder if the new policy will allow using the word “hate” to discuss hate speech? Griffin is also an idiot. That is not an ad hominem attack, but a fair diagnosis based on his words and conduct. I wonder how he got this way? Whose anti-speech, thought-control propaganda rotted his brains?  Continue reading →

Ominous Anti-Free Speech Quote Of The Year: U.S. District Judge Robert Lasnik

/ Jack Marshall / 37 Comments

“The Court declines to wade through these issues based on the limited record before it and instead presumes that the private defendants have a First Amend ment right to disseminate the CAD files. That right is currently abridged, but it has not been abrogated. Regulation under the AECA means that the files cannot be uploaded to the internet, b ut they can be emailed, mailed, securely transmitted, or otherwise published within the United States. The Court finds that the irreparable burdens on the private defendants’ First Amendment rights are dwarfed by the irreparable harms the States are likely to suffer if the existing restrictions are withdrawn and that, overall, the public interest strongly supports maintaining the status quo through the pendency of this litigation.”

—U.S. District Judge Robert Lasnik, in his preliminary injunction issued today blocking the federal government from allowing publication of the blueprints of 3-D printable guns.

The injunction will stand until final resolution of the multi-state lawsuit seeking to keep the blueprints offline. Lasnik had issued a temporary restraining order in the case July 31, prompting this post, which states the Ethics Alarms position still:

“It sure sounds like prior restraint to me, and I suspect, when this gets to the Supreme Court, which it inevitably will, that will be the conclusion.

This began as one more example of the Obama Administration playing fast and loose with the Bill of Rights. Now, it may well be, as the suit by the states alleges, that the Trump Administration didn’t handle its legal U-turn properly, it being, after all, the Trump Administration. Nonetheless, the government blocking the online publication of information, which is what a blueprint is, when no copyrights, patents or trademarks are being violated or national secrets revealed, seems like a pretty clear First Amendment violation.”

If Lasnik’s langauge about “abridged, but it has not been abrogated” doesn’t send chills down your spine, I guess that means you’re a typical progressive or Democrat these days. The First Amendment says that “Congress shall make no law…abridging the freedom of speech,” meaning that the judge here admits that his ruling and the law suit are efforts to cut another chunk out of our core national values. But hey, it’s all cool! The ends justify the means, and we all know that guns are bad. That Second Amendment thingy? Once we take down the First, the Second will be a piece of cake.

As was discussed at length in the excellent thread on the previous post, it’s a long, long way, not just from May to December, but also from having the blueprint of a #-D printable gun and actually having a gun. Does the judge full comprehend that? I doubt it very much. If there is one theme that runs through judicial decisions and opinion involving rapidly evolving technology, it is that most judges and too many lawyers don’t understand the technology well-enough to regulate it or make coherent policy.

I still think this is such an obvious example of prior restraint that the Supreme Court will knock it down, especially after Kavanaugh joins the Court, and I hope I am wrong that the anti-Second Amendment liberal wing will unite in dissent, but I believe that is likely.

Sigh.

Ought I to say this? What the hell….

I am increasingly coming to believe that what is really at stake in the upcoming elections is the Bill of Rights, and perhaps our democracy itself.  The “resistance’s” attempt to undo the election of President Trump is just part of a long-term, concerted assault on our institutions, by a growing faction that believes that freedom and liberty are too dangerous to be left in the wrong hands, and must be constrained—abridged, so to speak—by those who know best.

Them.

________________________

Pointer and Source: ABA Journal

Morning Ethics Warm-Up, 8/28/2018: Short, But Disturbing…

/ Jack Marshall / 26 Comments

Good Morning!

1. Am I a chicken? Today I am doing an early morning CLE seminar for prosecutors and government lawyers, and there are a lot of juicy issues that I am staying away from. Last year’s seminar on this topic with this audience bogged down almost immediately in political arguments, and later I received complaints, which I almost never do. Despite the fact that the ethics of government lawyers have never been more under a microscope than  now, today’sthree-hour course is going to almost (almost) completely avoid the controversies surrounding the Mueller investigation, Rosenstein, Strzok and the rest. I am going to mention Andrew McCabe’s use of GoFundMe, but only in the context of lawyers crossing ethics lines while using the web.

Is avoiding the political controversies wrong and cowardly when they are so relevant to the topic of government ethics? I’ve been thinking about this for months. In the end, I have decided that the distraction and static is more damaging to the mission—giving government lawyers a chance to tune up their ethics alarms—than the embargoed topics are essential. There is more to cover than I have time for anyway.

2. More on the baseball mind-control front. Back in 2015, then-Mets second-baseman Daniel Murphy said in an interview that he “did not agree with the lifestyle” of a gay former player. Now, two teams later, he is playing for the Chicago Cubs, and the news media has resuscitated the “scandal”—apparently not agreeing with someone else’s lifestyle when that lifestyle has been officially sanctified is a scandal now—and Murphy is being examined, prodded and watched. Are his anti-gay—apparently not “agreeing” with something is to be “anti-“ too—attitudes a burden on the team? Are they “harming” gay fans? Gays in general? It is clear that Murphy will never stop being a target of political correctness-besotted reporters until he publicly embraces his inner gayness, announces that he has forsworn his sincere religious beliefs (they are  behind the times), and publicly endorses every LGBT issue under the skies. Of course, gay baseball fans in Chicago will be happy with Murphy as long as he hits and helps the Cubs win games, which is all that should matter, and in fact is all that does.

The lesson of Murphy’s ordeal is, I suppose, that no celebrity or public figure should dare utter non-conforming opinions or views, unless they are willing to be hounded by the political correctness Furies to the grave.

I don’t believe this condition is compatible with freedom of thought and expression, but then, neither are the Furies. And those who would deny Murphy leave to “disagree” with whatever he choose to disagree with want freedom of thought and expression to be constrained, or as the Supreme Court put it, “chilled.”

3. Flag up, flag down. Apparently there are people who have nothing better to do than watch flag poles. In response to Senator McCain’s death, The White House lowered its U.S. flag to half-staff on Sunday, raised it back up and on Monday lowered it again after the death of Senator John McCain, in a break with the tradition following the passing of a national leader. Based on the reaction of my Facebook friends, this was far more outrageous than the Catholic Church facilitating child rape for the last 50 years or so. Finally, under pressure from the news media, veterans and members of Congress, President Trump  ordered flags to half-staff, and came out with a late, grudging tribute to McCain.

Yes, the President should have treated McCain like prior departed leaders of his stature and duration on the national scene.

Yes, his response was petty.

Yes, he is petty, and yes, apparently Trump being Trump will perpetually be news.

Yes, John McCain is dead, and his orders that the President of the United States isn’t welcome at his funeral still stand.

Yes, the news media’s attitude is that McCain’s pettiness was justified, because any anti-Trump attitudes are per se virtuous and just, and Trump’s pettiness is just more proof that he should be impeached.

Got it.

4. Lanny Lanny Lanny…In July, CNN published a story claiming that President Trump knew about the planned Trump Tower meeting with some Russians bearing gifts of dirt on Hillary Clinton, or so they had claimed delegation. According to their anonymous source, former Trump fixer and Olympics-level slimemeister Michael Cohen claims Trump was briefed on the meeting. It now appears that the only source for CNN’s story was Lanny Davis, Hillary Clinton’s and Bill’s fixer and Olympics-level slimemeister. Now Lanny is saying that he was somehow “misunderstood.” You see, his client testified under oath to Congress that Trump did not know, so Lanny’s leak to CNN implicated his own Client in a crime—one that he hasn’t pled guilty to yet. Now all of the media outlets, notably the Washington Post, that went into full impeachment heat over the CNN story are having to backtrack, just like Lanny. [Pointer: Liberty Girls]

Nah, Chuck Todd is right, there’s no news media anti-Trump bias!

Sarcasm aside, I find it impossible to believe that a majority of the public isn’t sick of this.