Dangerous Messages: Excusing Aaron Swartz, and the Unethical Non-Prosecution of David Gregory

brass_scales_of_justice_off_balance

To  no one’s surprise, District of Columbia attorney general Irving Nathan announced that he will not be prosecuting NBC’s “Meet the Press” host David Gregory for a clear, intentional and unequivocal violation of a D.C. law on national television. In so doing, Nathan sent the District, the nation and the public a package of unethical and damaging messages, perhaps the least significant of which is that the District of Columbia’s chief lawyer is just as ethically flawed as the rest of its government.

In his letter to Gregory’s attorney, which you can read in its entirety here, Nathan said:

  • “The device in the host’s possession on that broadcast was a magazine capable of holding up to 30 rounds of ammunition. The host also possessed and displayed another ammunition magazine capable of holding five to ten rounds of ammunition…It is unlawful under D.C. Code Section 7-2506.01(b) for any person while in the District of Columbia to “possess, sell, or transfer any large capacity ammunition feeding device regardless of whether the device is attached to a firearm” or loaded. Under the Subsection, the term “large capacity ammunition feeding device” means a “magazine, belt, drum, feed strip or similar device that has the capacity of, or that can be readily restored or converted to accept more than ten rounds of ammunition.” Under D.C. Code Section 7-2507.06, any person convicted of a violation of this Subsection may be imprisoned for not more than one year, fined not more than $1,000.”
  • “The larger of the two ammunition feeding devices in question here meets the definition under the statute. OAG has responsibility for prosecuting such offenses and takes that responsibility very seriously.”
  • ” OAG has determined to exercise its prosecutorial discretion to decline to bring criminal charges against Mr. Gregory, who has no criminal record, or any other NBC employee based on the events associated with the December 23, 2012 broadcast. OAG has made this determination, despite the clarity of the violation of this important law, because under all of the circumstances here a prosecution would not promote public safety in the District of Columbia nor serve the best interests of the people of the District to whom this office owes its trust.”
  • “Influencing our judgment in this case, among other things, is our recognition that the intent of the temporary possession and short display of the magazine was to promote the First Amendment purpose of informing an ongoing public debate about firearms policy in the United States,especially while this subject was foremost in the minds of the public following the previously mentioned events in Connecticut and the President’s speech to the nation about them.”
  • “There were, however, other legal means available to demonstrate the point and to pursue this line of questioning with the guest that were suggested to NBC and that could have and should have been pursued.”
  • “No specific intent is required for this violation, and ignorance of the law or even confusion about it is no defense. We therefore did not rely in making our judgment on the feeble and unsatisfactory efforts that NBC made to determine whether or not it was lawful to possess, display and broadcast this large capacity magazine as a means of fostering the public policy debate. Although there appears to have been some misinformation provided initially, NBC was clearly and timely advised by an MPD employee that its plans to exhibit on the broadcast a high capacity-magazine would violate D.C. law, and there was no contrary advice from any federal official. While you argue that some NBC employees subjectively felt uncertain as to whether its planned actions were lawful or not, we do not believe such uncertainty was justified and we note that NBC has now acknowledged that its interpretation of the information it received was incorrect.” Continue reading

The Fourth Annual Ethics Alarms Awards: The Best of Ethics 2012

nonpartisan

One of the reasons there are always more negative stories than positive ones on Ethics Alarms is that ethical conduct is still much more common than unethical conduct, and thus has to be more spectacular to be worthy of comment. At least, that’s my rationalization this year….

Here are the 2011 Ethics Alarms Awards for the Best in Ethics:

Most Important Ethical Act of the Year:

New Jersey Governor Chris Christie’s public display of appreciation to President Obama for the rapid Federal response to Super Storm Sandy. Naturally, Christie was subsequently called a turncoat and blamed for Mitt Romney’s loss.

Outstanding Ethical Leadership

Supreme Court Chief Justice John Roberts. Roberts’ decision to confound conventional wisdom and to vote to uphold the constitutionality of  the Affordable Care Act, a.k.a. Obamacare, reaffirmed the ideological independence of the Court while giving due deference to the will of Congress. Roberts was derided by Republicans and conservatives, while liberals and Democrats patted themselves on the back, presuming that they had intimidated him into rejecting the so-called conservative wing of the Court by their (irresponsible, dishonest and unethical) accusations that the Court put politics ahead of law and justice. Roberts, in truth, just interpreted the law, which is what his duty required.

Heroes of the Year

Seniors at Lexington (Ky) Catholic High School. When a gay couple was told by school administrators that they were not welcome at their senior prom, a significant number of their classmates moved the prom to the parking lot, where a good time was had by all. Courage, respect, fairness and kindness. These seniors are ready for the real world, which needs them more than they need it. Continue reading

The Fourth Annual Ethics Alarms Awards: The Worst of Ethics 2012 (Part 2)

reid

The 2012 Ethics Alarms Awards for the Worst in Ethics continues (you can catch up with Part I here , and the Best is here), and yes, it gets worse…

Worst Friend and Relative

Lori Stilley, who faked cancer to get sympathy, favors, parties and money from those who cared about her.

Most Unethical Advice

Emily Yoffe, Slate’s “Dear Prudence,” wins for a year of bad advice in kinky situations, the bottom of the barrel being when she advised a daughter who observed her mother illegally filling out her invalid grandparents’ 2012 absentee ballots to reflect the mother’s electoral preferences to do nothing about this combination of elder abuse and voter fraud.

Shameless Bad Character Division Continue reading

From Curmudgeon Central: The 2012 Curmie Results and “Legally Blonde” Redux

and-the-winner-is

The Curmie votes are in. This is Rick Jones’ annual prize awarded to educators who embarrass their (and his ) profession. Go to his blog, Curmudgeon Central, to see the winner and the vote totals. I don’t want to spoil the suspense.  Check out the nominations here if you haven’t already. A couple of observations, though: Continue reading

The Fourth Annual Ethics Alarms Awards: The Worst of Ethics 2012 (Part 1)

Trayvon

Welcome to the Fourth  Annual Ethics Alarms Awards

Recognizing the Best and Worst of Ethics in 2012!

This is the first installment of the Worst. (Part 2 is here, the Best is here.)

2012 inspired over 1000 posts, and Ethics Alarms still missed a lot. And the last week of 2012 was sufficiently ethics packed that the Awards are late this year. My apologies.

In a depressingly unethical year, these were the low points:

Ethics Train Wreck of the Year

Was there ever any doubt? The Trayvon Martin- George Zimmerman fiasco, naturally, which is far from over. This year’s winner may be the worst ethics train wreck since Monica and Bill were dominating the news.  So far it has involved dubious, unprofessional or clearly unethical conduct by, among others, Martin’s parents, their lawyer, Zimmerman, his wife, the police, Zimmerman’s first set of lawyers, the prosecutor, the Congressional Black Caucus, NBC (which repeatedly broadcast an “accidentally” truncated tape of Zimmerman’s 911 call that made him sound racist), the rest of the broadcast media, conservative talk radio and bloggers (who decided their contribution would be to try to show that Martin deserved to be shot), Spike Lee, Rosie O’Donnell, the New Black Panthers, and President Obama, who ratcheted up the hate being focused on Zimmerman by implying that the killing as racially motivated, and by connecting himself to the victim. Runner-up: The 2012 Presidential campaign.

“Incompetent Elected Officials of the Year” Division Continue reading

Ethics Quote of the Week: Ann Althouse

“And, by the way, I’ve gotten some pushback in email and on the web  saying that it was “shameful” and “appalling” for me to tie Clinton’s health problems to a possible intent to avoid testifying about Benghazi. Let me tell you that a core motivation to my blogging — and I’ve been going at this for 9 years now — is to stand tough against people who try to cut off debate with this kind of shaming. So I’m glad that this performance of outrage was directed at me. I know it when I see it, and it fires me up. You want silence? You want backing down? You want me not to dare say a thing like that? That’s how you want to control political debate in the United States? Thanks for reminding me once again how deeply I hate that and for giving me an (easy) opportunity to model courage for the more timid people out there who are cowed by the fear of shaming.”

—- Law professor and blogger Ann Althouse

I know I’ve been citing Prof. Althouse a lot lately, but she’s been on quite a roll. Her quote is self-explanatory. Brava!

UPDATE: Right after I posted this, I read Kathleen Parker’s Washington Post column headlined “The Character Assassination of Hillary Clinton.” In it, Parker essentially makes exactly the objection that Althouse says she hates. Continue reading

Hollywood’s Ridiculous Hypocrisy on Guns

"Say hello to my little friend! And while we're on the topic of guns, don't you think it's time to be sensible about gun control?"

“Say hello to my little friend! And while we’re on the topic of guns, don’t you think it’s time to be sensible about gun control?”

In a move stunningly unconscious to outrageous hypocrisy, the group “Mayors Against Illegal Guns” have posted a video on on its website and Youtube (of course), featuring an impressive array of solemn Hollywood celebrities chiding Americans for not doing something about guns “yesterday” and to “demand a plan” to end gun violence. The problem? Many of these same celebrities owe their presence on the video to Hollywood’s obsession with gun violence, without which they would be just anonymous pretty faces. They owe their mansions and private planes to that gun violence too, which they have happily, willfully and lucratively acted out in scores of violent films and television shows. How can they presume, given how they make their living, to lecture anyone on the topic of guns?

I have some theories. Many of them are dumb as bricks. Most of them are automatic co-signers of the manifesto for any cause branded as liberal, the Hollywood religion,and don’t bother to think about whether it is consistent with their life choices or not. Probably all of them, working every day in one of the most ethics-free, cut-throat, dishonest and hypocritical sub-cultures that has ever existed in the United States are completely numb to the concept of hypocrisy, as apparently are the mayors, who work in the culture of politics, which is only somewhat better. Continue reading

The Ethics Alarms 2012 Summary, Since Hardly Anyone Is Reading Today Anyway…And Also, THANKS

WordPress.com prepares an 2012 annual report for blogs using the service, and since it is obvious from the traffic today that New Years has officially begun, I thought I might as well make its report on what occurred at Ethics Alarms public this year.  I like WordPress, and this is also a good opportunity to thank them. Thanks.

Now please add an editing function for comments!

This isn’t part the Ethics Alarms Most Unethical and Most Ethical of 2012 posts; they will be along soon. Meanwhile, Ethics Alarms and its proprietor want to thank all those who kept the site growing, busy, lively, current, less typo-ridden (thanks, Jeff! ) and usually filled with intelligent, enlightening and civil, if occasionally too tough for some gentler tastes, discussion. Together we weathered web hoaxes, a national election, a plagiarizing lawyer, a couple of threatened law suits, a bitter American Idol contestant, an Instalanche, Penn State, George Zimmerman, ethics train wrecks galore, and nasty attacks from drug-legalization fans, bitter law grads, and mercifully few trolls, and still managed to keep the group ideologically diverse.

The site ends the year averaging about a thousand more visitors a day than it did 12 months ago, and for a blog on a topic most people think is as exciting as watching paint dry, I think that’s an accomplishement. I know this is difficult to believe, given my preference for stating my positions in the most assertive and uncompromising way possible, but one of the chief reasons I produce this blog is to explore new areas and ideas, to have my mind opened, my ideas challenged, and to learn. You have all done a wonderful job fulfilling those funtions, more than you know, and am obligated to all of you for it.

Thank you  Chase Martinez, tgt, Ampersand, Bill, Tom Fuller, Lorraine, Steven Mark Pilling, Michael Ejercito, Curmudgeon, Arthur in Maine, Tim LeVier, Jeff, Elizabeth, Crella, Walrus, Jan Chapman, Yardley, Windypundit, ethicssage, fattymoon, blameblakeart, Rick, Ethics Bob, Peter, Scherie, Jeff, Dave Gent, Interested Blogger, The Nance, gregory, Charles Green, Christine, Lianne Best, This Guy, Brian, Roger, Karla Marie Robinett, texagg04, Dwayne N. Zechman,49erDweet, Diego Garcia, Jolie, Jenna,Debbie Swartz, zoebrain, oldgraymary, Joshua, Jeremy Wiggins, Inquiring Mind, Sharon, Michael, Modern Knight, Fred Davison, Joe Fowler, Libby Torgerson, Mike Martin, celestialsquare, Proam, Karl, Martin Brooks Smith, Fred, Eeyoure, garlicfriesandbaseball, Rick, Michael R, Eric, and any of the cherished regulars here I have missed, for all the substantive content you contributed in 2012. Some of you have been AWOL for a while; I hope it wasn’t anything I wrote, and I hope to see you back in the fray in 2013. I know I was sometimes cranky, occasionally unfair, and uncivil at times. I can be careless, stubborn, mistaken, and outright wrong. And there are days when my brain takes a holiday. I’ll try to improve in 2013.

I’ll depend on you to make sure I do.

From here on, everything is WordPress.

About 55,000 tourists visit Liechtenstein every year. This blog was viewed about 830,000 times in 2012. If it were Liechtenstein, it would take about 15 years for that many people to see it. Your blog had more visits than a small country in Europe!

Click here to see the complete report.

Ethics Dunce: Facebook

facebook-big-brotherLet us be clear that Facebook is not engaged in “censorship,” properly defined. Nor does Facebook infringe on the First Amendment by limiting, even severely, irrationally or based on political bias, what a user may post. Facebook can set whatever conditions for use of its services that it chooses. Facebook isn’t the government.

It should, however, set fair and reasonable conditions, and be capable of enforcing them without bias and in an even-handed fashion—if it wants to be the ethical entity it claims to be. This would also seem to be in the company’s best interest. If I think Facebook is going to swoop down and cancel my account because I dare to disagree with political correctness sanctioned by the Facebook management, I have better uses for my time. So do you.

Thus it is puzzling to read that Facebook purged the account of Natural News for posting this:

Gandhi quote

Continue reading

Unethical Website of the Month: Potential Prostitutes

Directions: Read, vomit, then shower thoroughly, twice.

Directions: Read, vomit, then shower thoroughly, twice.

I used to “honor” an unethical website every month. As I no longer go looking for them, such websites are less frequently featured here; on the other hand, those that are seem more disgusting than ever.

After all, what can you say about a site that…

1. …solicits anonymously-sent photographs that purport to be those of  “potential online prostitutes” as a public service…

2. ….posts the photographs, labeling the women as prostitutes, with no fact-checking or investigation whatsoever…

3. ….and accompanies each posting with a button marked “DELETE THIS PROFILE NOW,” which, once clicked on, brings the visitor who has been so defamed to a page where she can pay $99.95 via credit card to have her name, address and photograph removed? Continue reading