Rights

Unethical Quote Of The Month: Outgoing Harvard President Drew Faust

/ Jack Marshall / 13 Comments

…unless your racial origins would cause an imbalance in our carefully constructed palette of backgrounds, abilities and hues…

Asian-American groups  filed a federal lawsuit challenging Harvard University’s affirmative action policies as discriminatory, and the Justice Department backs of plaintiffs who say the university is discriminating against Asian-American applicants. (I wrote about the lawsuit here.) Of course they are discriminatory. In its quest for “diversity,” Harvard and other schools have penalized Asian-Americans, who confound Charles Murray-haters and racial-privilege mongers by being disproportionately excellent in academics. On a level playing field, in a purely merit-based admission system, they would dominate elite institutions, with numbers far beyond what demographics alone would predict. Can’t have that!  (This the leftist reaction, and they run U.S. education. My reaction: what an inspiring American success story!) Thus Harvard and other schools have used de facto quotas to reject Asian Americans who would have been admitted easily if they were a different color.

Outgoing Harvard President Drew Faust, a feminist proto-totalitarian who has shown an eagerness to stomp on basic human rights like speech, due process and association during her disastrous tenure,  sent the campus a message this week attacking the law suit. Here it is:

Dear Members of the Harvard Community,

In the weeks and months ahead, a lawsuit aimed to compromise Harvard’s ability to compose a diverse student body will move forward in the courts and in the media. As the case proceeds, an organization called Students for Fair Admissions—formed in part to oppose Harvard’s commitment to diversity—will seek to paint an unfamiliar and inaccurate image of our community and our admissions processes, including by raising allegations of discrimination against Asian-American applicants to Harvard College. These claims will rely on misleading, selectively presented data taken out of context.  Their intent is to question the integrity of the undergraduate admissions process and to advance a divisive agenda. Please see here for more information about the case.

Year after year, Harvard brings together a community that is the most varied and diverse that any of us is likely ever to encounter. Harvard students benefit from working and living alongside people of different backgrounds, experiences, and perspectives as they prepare for the complex world that awaits them and their considerable talents.

I have affirmed in the past, and do so again today, that Harvard will vigorously defend its longstanding values and the processes by which it seeks to create a diverse educational community. We will stand behind an approach that has been held up as legal and fair by the Supreme Court, one that relies on broad and extensive outreach to exceptional students in order to attract excellence from all backgrounds.

As this case generates widespread attention and comment, Harvard will react swiftly and thoughtfully to defend diversity as the source of our strength and our excellence—and to affirm the integrity of our admissions process. A diverse student body enables us to enrich, to educate, and to challenge one another. As a university community, we are bound across differences by a shared commitment to learning, to pursuing truth, and to embracing the rigor and respect of argument and evidence. We never give up on the promise of a world made better by an assumption revisited, an understanding expanded, or a truth questioned—again and again and again.

Last month, I presided over our Commencement Exercises for a final time and reveled in the accomplishments of our graduates and alumni, and in the joy and pride of the faculty who educated them, the staff who enabled their manifold successes, and the family members who helped nurture them and their aspirations. Tercentenary Theatre was filled with individuals from the widest range of backgrounds and life experiences. It was a powerful reminder that the heart of this extraordinary institution is its people.

Now, we have an opportunity to stand together and to defend the ideals and the people that make our community so extraordinary. I am committed to ensuring that veritas will prevail.

Sincerely,

Drew Faust

Such transparent deceit is seldom trumpeted so loudly. Continue reading →

Weekend Ethics Warm-Up, 6/9/18: PART II, The Bee-Free Zone…Facebook Friends Behaving Badly, Stupid Pardon Tricks, More On The Dancing Doctor, And Another “Good Illegal Immigrant”

/ Jack Marshall / 19 Comments

Now that we have the unpleasantness of Samantha Bee out of the way, your gorge is safe. Well, sort of…

2. Short version: “Grow up!” If the long-time theater friend who just defriended me on Facebook is reading (yes, I know who you are), this is a message for all the people who can’t tolerate, or remain friends with, anyone who challenges their anti-Trump fanaticism by pointing out–nicely!– that they sound like lunatics. I know you assume that you are in the warm, comforting womb of a left-wing echo-chamber, but friends don’t let friends write stupid, or shouldn’t. You, let me remind you, stated in black and white that Al Franken was the best hope to defeat Trump in 2020 (See how nice I was? I didn’t even challenge that nonsense!) until Republicans secretly engineered his destruction. I wrote in response that this was tin foil hat stuff, which it is; that implicitly accusing Kristen Gillibrand of being in cahoots with the GOP  was bonkers, which is accurate, and that you should get help, which you should.

Your response was defriend me. Nice.

This has happened with about five theater friends, and in all cases over hysterical assertions that would be only acceptable from a 12-year-old. They, like you, are used to making ridiculous, hyper-partisan statements without being challenged, and regard a dissenting argument as a personal affront as well as the mark of Satan. You should not want to remain deluded, you should want to be called out when you write something idiotic, and you should not react with hostility to a friend who does so in good faith.

What I have learned about the resistance is that their logic, facts and debate skills are fatally flawed or absent. Their only defense against rebuttal is to censor it.

You really should not want to hang out with this crowd, my friend. Get well soon. I mean it.

And shame on you. I don’t deserve that.

3. Google is your friend, Mr. President. Yesterday, President Trump floated the idea of pardoning the late Muhammad Ali, who was famously convicted of draft-dodging during the Vietnam war. Ali, however, needs a pardon as much as I do. (Less, really, since he’s dead.) His conviction was overturned by the Supreme Court as unconstitutional. There is nothing to pardon him for.

This kind of thing is an unforced error that justifiably undermines trust in the President. It’s just inexcusably sloppy—typical, I concede, but sloppy. I don’t blame Trump for not knowing that Ali’s conviction had been reversed: I had forgotten that myself. Making impulsive statements based on flawed information and snap decisions, however, suggests that the President might take impulsive actions based on misunderstandings as well.

Well, he does that, too.

More on pardons: I have seen several news sources, including the New York Times, contrast President Trump’s political “celebrity” pardons with President Obama’s pardons of less high profile Americans. Fake news. At this point in his administration, how many pardons do you think Obama had issued?

None. Zero. Zilch. Continue reading →

“From The Ethics Alarms “Nah, There’s No Mainstream Media Bias!” Files: The Unethical Headline Of The Month

/ Jack Marshall / 7 Comments

Here is the headline in the print version of this New York Times story (which the Times headlines appropriately on-line):

Justice Department Acts Against Protections For People With Pre-existing Conditions

This is as pure an example of journalism deceit and a pernicious variety of fake news as I have encountered. An equivalent headline would be to describe  the ACLU petitioning to overturn a federal ban on “hate speech”  as “ACLU Acts Against Protections for Blacks, Gays and Muslims.”

The individual mandate was always unconstitutional as a penalty, and the Supreme Court was poised to overturn the Affordable Care Act on that basis, until Justice Roberts hit on the brilliant but perverse argument that even though the Obama administration and Democrats had insisted that the device wasn’t a tax in order to get the thing passed, it really was, so it was legal after all. Congress, however, repealed the “tax,” so now that pretense no longer works. The mandate is unconstitutional…again.

I know the Democratic approach to legislation and public policy is increasingly “the ends justify the means” and “the Constitution is just an archaic piece of paper,” but the fact is and has always been that the document is our nation’s (increasingly vulnerable) bulwark against tyranny, and it is the duty of the Justice Department and the courts to oppose unconstitutional, as in “illegal,” measures, even those that appear to solve difficult problems.

If a provision is unconstitutional, it doesn’t matter what benefits it may have. We cannot have a precedent that holds that the Constitution can be ignored for “good reasons.” No reason is good enough. That kind of thinking is how Japanese-Americans ended up in concentration camps under an iconic Democratic President, approved by a liberal Supreme Court.

The individual mandate, without the cover story that it is a tax, violates the Constitution. That’s all we need to know. The ability of insurance companies to cover pre-existing conditions under the ACA becomes impossible without it? Well, we’re just going to have to come up with a solution that isn’t unconstitutional, won’t we?

Deceiving the public into believing that upholding core constitutional principles is excessive and sinister when it blocks otherwise desirable policy initiatives is playing with fire. It makes the public civically ignorant. It places false emphasis on results rather than the rule of law.

It paves the road to totalitarianism.

Governor Greitens And The Unethical Release-Dismissal Tactic

/ Jack Marshall / 5 Comments

(The gun being held to the signer’s head is out of the frame…)

The resignation of Missouri Governor Eric Greitens (R), a result that appears to have been over-due, deserved, and necessary, also involved a common form of unethical prosecution. The device is called Release-Dismiss, and it looks, smells and feels unethical. Nevertheless, the Supreme Court and most of the states continue to allow it. They shouldn’t.

Greiten’s resignation came as a result of a plea deal after St. Louis Circuit Attorney Kim Gardner agreed to dismiss charges that Greitens tampered with a computer donor list of a veterans’ charity he founded. The deal also included Grietens’ promise not to sue Gardner or her office.

Greitens’  legal fees were over $2 million, he said,  and he could not afford to go to trial on the charges.  Gardner  said  she was confident she had  the evidence required to convict  Greitens. (That’s what they all say.) But the fact remains that the threat of criminal prosecution was used to pressure Greitens into giving up his civil rights.

In a scholarly paper on this maneuver, one authority writes,

A phenomenon exists in the criminal justice world which allows a prosecutor to strike a bargain with a criminal defendant, permitting them both to cut their losses and walk away from a mutually bad situation. On occasions where arrested individuals may have been wronged by public officials in the course of their arrests, prosecutors may legally agree to dismiss defendants’ criminal charges in exchange for releases by the defendants of any civil claims arising from the arrests. The release-dismissal agreement, and variations upon its theme,’ have been the subject of controversy for several years.

Its supporters rely on the obvious efficiency embodied in the situation. Despite this efficiency, such agreements are dangerous, detrimental to the criminal justice system, and against the better interests of society.

I agree. So does Professor Turley, who wrote, Continue reading →

Comment Of The Day: “Ethics Observations On The Masterpiece Cake Shop Decision”

/ Jack Marshall / 47 Comments

How refreshing it is, while at least half the pundits and journalists are misrepresenting the Masterpiece Bakery decision to the public, to read an Ethics Alarms comment that both clarifies Justice Kennedy’s majority opinion’s flaws and also highlights an important issue that only the routinely-derided Justice Thomas focused on.

As it happens, I disagree with Thomas that a custom wedding cake for a gay wedding is  necessarily “compelled speech.” What is it saying? If it can’t be reasonably interpreted to express a position that can be fairly attributed to the baker, then it’s the customer’s speech, not the baker’s. I know there are cases where sign-makers and others have been upheld in their refusal to reproduce messages they personally find offensive. We saw a hint of that in the silly “Summa ___ Laude” cake fiasco. My position is that a business that creates a setting for speech by others should have no right to interfere with that message—hateful messages, obscene messages, it shouldn’t matter. It should be no more acceptable for a sign-maker to say “I won’t make that sign” than for a cabbie to say, “I won’t drive to that address,” or a haberdashery to refuse to let you buy a suit that makes you look fat.

Here is Glenn Logan’s excellent Comment of the Day on the post, Ethics Observations On The Masterpiece Cake Shop Decision:

Justice Thomas, in his partial concurrence:

“Ac­cording to the individual respondents, Colorado can com­pel Phillips’ speech to prevent him from “‘denigrat[ing] the dignity’” of same-sex couples, “‘assert[ing] [their] inferiority,’” and subjecting them to “‘humiliation, frustration, and embarrassment.’” Brief for Respondents Craig et al. 39 (quoting J. E. B. v. Alabama ex rel. T. B., 511 U. S. 127, 142 (1994); Heart of Atlanta Motel, Inc. v. United States, 379 U. S. 241, 292 (1964) (Goldberg, J., concurring)). These justifications are completely foreign to our free-speech jurisprudence.

States cannot punish protected speech because some group finds it offensive, hurtful, stigmatic, unreasonable, or undignified. “If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. Johnson, supra, at 414. A contrary rule would allow the govern­ment to stamp out virtually any speech at will.”

This is the opinion that should’ve carried the day. In fact, Kennedy’s opinion is a blatant special pleading, fallacious on it’s face when he claimed the CCRC disparaged Phillips’ position. Even if I allow the comments made by some CCRC members do in fact disparage Phillips’ religion, the law makes it clear that religion is inoperative as a defense against its requirements anyway. How, then, can hostility to religion matter one jot or tittle, and isn’t such expression protected in its own right? The CCRC needed not show the least deference to Phillips’ religion, because the law that creates it manifestly doesn’t: Continue reading →

Ethics Observations On The Roseanne Tweet Fiasco

/ Jack Marshall / 33 Comments

1.  It is possible, after all, to revile Roseanne Barr’s gratuitously vicious “joke” about Valerie Jarrett, and to question the extended reaction to it. I feel especially emboldened, perhaps because you couldn’t have forced me to watch that show or anything associated with Barr had you been credibly threatening to blow up Fenway Park unless I tuned in. One of the ways the enemies of free discourse and thought further their agenda is by setting up these dilemmas, where to even suggest that a genuine miscreant’s punishment has exceeded reasonable bounds is to risk shunning and other serious cultural consequences—it’s the Cognitive Dissonance Scale again. “See, then we make them defend someone who would tweet something like that, and we’ve got em! Then they look like racists too! Bwahahahahaha!”

2. No, I don’t think ABC and Disney were looking for an excuse to cancel “Roseanne” 2 because it was perceived as pro-Trump. The show was making money, and corporations place money above politics. However, there is no doubt that a conservative show has less margin for error in today’s biased media environment. It was up to Roseanne to understand that and moderate her conduct accordingly. This recent post is relevant.

3. I was not aware, until ethics alarms reader  Sue Denim pointed it out here, that Barr may have physiological reasons for her lifetime addiction to ugly humor: Continue reading →

Saturday Afternoon Ethics Stimulus, 5/26/2018: The Sad Part Is That None Of This Is A Surprise

/ Jack Marshall / 18 Comments

Happy Memorial Day Weekend!

1.  From the “Bias makes you UNBELIEVABLY stupid, especially, apparently, if you’re a journalist” files: Ann Althouse posted this screen shot of memeorandum, an excellent  news aggregator page:

I wrote earlier about how many of the anti-Trump mob, in the news media and out of it, appeared to be actively rooting for the President’s diplomatic efforts with North Korea to fail, and how his Negotiation 101 move of symbolically walking away from the planned summit would probably be misunderstood and misinterpreted because of the current toxic combination of bias and ignorance, but this is ridiculous. Writes Althouse—who despite multiple polite requests refuses to put Ethics Alarms in her links despite its covering a lot of parallel territory, despite the many frivolous or largely inactive blogs she does link to, and despite the multiple plugs and links I give her, but hey, I’m not bitter— Continue reading →

Morning Ethics Warm-Up, 5/25/2018: What Do Kellyann’s Husband And The NFL Kneelers Have In Common? [Updated]

/ Jack Marshall / 51 Comments

Morning in my home town, Arlington Massachusetts (where they seem to have found another body in Spy Pond….)

Good Morning!

1. George Conway is unethical. It’s really as simple as that. Kellyanne Conway’s husband George, a lawyer, has decided to take advantage of his wife’s notoriety to grab unearned influence and fame for himself. He has become a regular twitter critic of the President, routinely blasting the Administration through mostly re-tweeted commentary from other sources. This, of course, makes the Trumpophobes ecstatic, embarrasses his wife, and gives George 15 hitch-hiked minutes of fame.

Let me count the ways this is wrong:

  • He’s not contributing anything valuable to the public debate, just bolstering his wife’s enemies.  Social media-users who can’t muster their own arguments and who only appeal to authority should not be taken seriously, and if George wasn’t undermining his wife, he wouldn’t be.
  • Who he is married to is the only reason anyone pays any attention to his tweeting. Surely he knows this. Surely he knows that the result is his wife’s embarrassment, and that he he is actively working against her. This is not a James Carville-Mary Matalin act, where both spouses are independently regarded as powerful political consultants. This is spousal sabotage.
  • He’s risking his wife’s career for his own aggrandizement. I’ll say this for Trump: he’s more forgiving than I would be. I would give Kellyanne an ultimatum: get your husband to stop undermining us, dump him, or quit. This is analogous to the crazy estranged husband who keeps coming to his wife’s place of business to harass her. The employer’s completely justified message: “We can’t have this. It’s your problem; fix it, or we will.”

2.  ‘We don’t care: he’s a racist whatever he does.’ President Trump announced his long-rumored pardon of black heavyweight champion Jack Johnson yesterday. (The Times has an interesting feature about Johnson’s travails here.) Praising the President for this long over-due exoneration, an NAACP spokesman said…nah, I’m kidding, the civil rights organization didn’t say anything. However, the Congressional Black Caucus, which had urged President Obama to finally right this decades-long wrong, said…no, they had nothing to say either.  [ Correction: Originally I wrote here that John McCain, who sponsored a resolution asking for Obama to pardon Johnson,, did not signal praise for the pardon. He did, and I apologize to the Senator for the error. Thanks to Dan Abrams for the information.]

There is no reasonable argument against pardoning Johnson, and there never has been. Apparently Obama was hesitant–but then he was always hesitant—this time because Johnson had a reputation for domestic abuse. Thus I presume that the female contingent in the White House pulling Barack’s strings—Valerie and Michelle—along with the all-important advocates for the Democratic Party’s feminist base wouldn’t let him do it. Obama, a lawyer, or so I hear, must have realized that Johnson’s racist persecution by the government for being a  famous and defiant black man who openly had white female companionship had absolutely nothing to do with domestic abuse, and that misconduct a controversial figure may or may not have engaged in unrelated to an unjust criminal conviction shouldn’t play any part in a pardon assessment.

That Barack. So principled. So courageous…

3. I like David French, but...his recent op-ed for the Times attacking the NFL’s ruling on National Anthem protests going forward—if a player won’t stand respectfully, the he must stay off the field, in the locker room—is ethically obtuse. French’s point is that conservatives should champion free speech at a time when the Left is trying to suppress it. That’s a good point, and I agree wholeheartedly, but it has nothing to do with the NFL’s kneelers. I suspect that French wanted to make this argument, and negligently grabbed at the NFL policy as his chance to make it.

He writes in part, Continue reading →

Morning Ethics Warm-Up, 5/24/2018: ‘Can’t We All Get Along? Nah…’ Edition

/ Jack Marshall / 21 Comments

Good morning!

1. What? Negotiation competence? Boy, we haven’t seen THAT for a while. President Trump just pulled out of the scheduled summit with North Korea, a public lesson in Negotiation 101. If only Barack Obama had taken the Art of the Deal seminar before capitulating to Cuba and Iran. the letter the current elected President just sent to North Korea could not be more obvious in its devices, but I guarantee you that my negotiations professor at law school, Dean Adrian Fisher, one of the negotiators of the SALT treaty, would have approved. Here’s the letter, released this morning.

This is another ethics test, by the way. Take note of who criticizes the President for this, for they  will be revealing themselves as either reflex-Trrump haters or the kind of people used car dealers love to see walking in the door.

2. “A Nation of Assholes” update. It is now beyond dispute that the concept was right but that I badly misjudged the population that I thought would be primarily affected. My theory in the 2015 essay was that that having an ethics-challenged boor like Donald Trump as President would degrade the ethical standards of the public through the “rotting fish head” process: people follow the leader. Well, that has happened too, but the worst asshole transformation has beset progressives and “the resistance.,” as their behavior gets worse by the hour. Continue reading →

If You Want To Understand Why The Public Is So Easily Confused And Deceived, Follow Sports

/ Jack Marshall / 23 Comments

Our education system simply does not train our young in critical thinking, and hasn’t for a long, long time. Then, as adults, we listen and watch supposed professionals who make their living informing us, enlightening us and communicating to us, and the level of reasoning they model is uniformly incompetent.

Nowhere is this more evident than in sports reporting. If you don’t follow sports, you don’t know what stupidity is being pumped into unsuspecting brains on a regular basis.

Here is an example: I was just listening to the MLB  radio channel’s “Loud Outs,” where the host, broadcaster and former player Ryan Spilborghs, was discussing the new baseball fad of beginning a game with relief pitcher who only throws an inning or two, and then bringing in the starter. There are theories that against certain line-ups this can create an advantage, but never mind: it’s irrelevant to the issue. Spilborghs, who really did attend college, says, “You know what convinced me? These stats…” and he began to read the won-lost records of various teams when they score first. “Overall, the average for all of Major League Baseball is that the team that scores first wins 70% of the time! Why wouldn’t you use this strategy if it meant that it increased your team’s chances of scoring first?” His partner, former player CJ Nitkowski, said, “You’re right!”

No, CJ, he’s an idiot, and so are you.

There is no magic to when a baseball team scores its runs. A run in the first inning is no more or less a run than a run in the 7th. The reason a team that scores first wins most of the time is, or would be, obvious if our schools weren’t crap, that in any baseball game, if one team begins with a one run handicap, it will lose most of the time. The team that scores first is like a team that begins the game with a one run advantage. Now, one run is a big advantage, but many of the teams in that 70% scored more than one run first. They really have an advantage: those teams probably win 85% of the time.  Then there is this factor that pollutes that stat that Spilborghs found so amazing: the teams that score first the most frequently are also the better of the two teams. They figured to win before they had a one, two or three run advantage.

The team that scores the most runs wins 100% of the time. Prioritizing scoring first with the result that your pitching is more likely to give up runs later in the game does not convey any advantage at all. If the “opener” pitching strategy results in opposition teams scoring fewer runs, then it has value. Preventing the other team from scoring first, by itself, is meaningless. ( How often does the team that scores last win the game? How about the team that scores the most runs in the fifth inning? Can you guess? Sure you can. But don’t tell Ryan. You’ll break his heart. Continue reading →