Facebook

Sunday Ethics Rundown, 11/25/ 18: Liberty Games

/ Jack Marshall / 25 Comments

Good Morning!

1. Baraboo hangover. Apparently the Wisconsin male high school students who gave a Nazi salute in an off-campus photo will not be punished. The superintendent overseeing Baraboo High, Lori Mueller of the Baraboo School District, said in the letter that the district was “not in a position to punish the students for their actions” because of their First Amendment rights. That’s right from a Constitutional viewpoint, and something good will come of the incident if it means that schools will stop punishing students for what they post on social on their own time. Here is the photo, in case you have forgotten…

The Times article sure is full of dissembling and nonsense, however. Peter Gust, the jerk who took and posted the photo, claims that it had been modified by “malevolent behavior on the part of some in society.” Sure. Jordan Blue, the boy in the upper right hand corner in the red tie, has embraced the role of ethics hero in the media, and is grandstanding and virtue signaling like mad, saying that he didn’t have time to leave the photo but that he didn’t raise his arm because “I knew what my morals were and it was not to salute something I didn’t firmly believe in.” Uh, that should be “firmly didn’t believe in,” Jordan. Then there is Brock Turkington, also  in the photograph, whose story is that  “As we were about to take that photo, the photographer instructed the boys to give a ‘high-sign.” The photographer instructed us to extend our arms out, no one knew what a ‘high-sign’ was. I asked another student next to me ‘What are we doing?’ He responded, ‘Stick your arm out.’” But that’s not a “high-sign.” That’s a Heil-sign.

2. I won a bet with myself! Cracked, the list and pop culture commentary website that evolved out of a cheap Mad Magazine rip-off from the Sixties, has a feature called “5 Laws From Other Countries (The USA Should Totally Steal).” Cracked is dominated by smug, if clever, social justice warriors, so I made a bet with myself that the list would contain  several concepts that were unconstitutional or that would advance the Left’s dream of perpetual power. (By the way, you can’t “steal” a law.) Sure enough, the tally was three out of five. I win!!! Continue reading →

Rainy Saturday Ethics Warm-Up, 11/24/18: Bad Habits Edition

/ Jack Marshall / 12 Comments

1. A bad habit, like picking your nose in public, but more harmful. At some point, when I’m back to feeling strong,  spiffy, and more or less immune to nausea, I am planning on posting an overview of the 2016 Post-Election Ethics Train Wreck, the major feature of which has been the Angry Left-sparked acceptance of denigrating our nation’s leader in personal terms on a daily basis. As I have found on social media, refusing to participate in this divisive and self-destructive national pastime gets you attacked, and calling attention to how wrong and stupid it is gets you accused of being a racist, a xenophobe, or worse, someone who takes orders from Sean Hannity.

Of late I’ve been randomly calling various social media fools on their bad habit; some are “friends,” some are “friends of friends.”  The news media literally presents a “let’s hate President Trump for this” item every day, and yesterday’s was that the President, indulging his peculiar trolling obsession, said that he was thankful for himself. ( I thought that was pretty funny, myself. If I were President and the news media refused to give me credit for what I was doing right and the policies that appeared to be working, I might make a similar assertion just to show that the barrage of endless, often unfair criticism wasn’t getting to me.) One Facebook friend posted the article, and the predictable pile-on transpired, with one creative soul writing, searching for a wave of “likes” so she would know that she had signaled her virtue sufficiently, wrote, “He is a self-centered boor!” I replied,

Why do you feel it is necessary to spew out ad hominem insults to the President of the United States on a regular basis? Are you just fishing for favor from the large majority of angry Trump-haters on Facebook? Yeah, he’s a self-centered boor, and this was evident, oh, ten years ago at least. The necessary number of your fellow citizens decided to elect him him President anyway, and the process is that those who disagree nonetheless respect the process and their fellow citizens and extend at least a minimal level of respect for the office. I’m not a Trump fan, to say the least, and I am a lifetime student of the Presidency and its occupants: in my assessment, Barack Obama was an utter failure as POTUS and a very damaging one as well. He was (and is) also an arrogant narcissist. This was also obvious early on, but I didn’t go on Facebook repeatedly to call him names.It has no positive effects to do so, and just unnecessarily makes civil discourse difficult.

2. Progressives are trying to do the same thing here through social media. From Bloomberg: Continue reading →

Thanksgiving Week Launch Ethics Warm-Up, 11/19/18: Turkeys

/ Jack Marshall / 15 Comments

Good Morning.

1. This is weird. The Florida Supreme Court released a long-awaited decision concerning whether a judge’s Facebook friendship with an attorney should be  grounds for disqualification if the attorney is arguing a case before that judge. The 4-3 opinion holds that:

In some circumstances, the relationship between a judge and a litigant, lawyer, or other person involved in a case will be a basis for disqualification of the judge. Particular friendship relationships may present such circumstances requiring disqualification. But our case law clearly establishes that not every relationship characterized as a friendship provides a basis for disqualification. And there is no reason that Facebook “friendships”—which regularly involve strangers—should be singled out and subjected to a per se rule of disqualification. 

I could not disagree more. A friend request from a judge is inherently coercive, and creates pressure on the lawyer to accept. Who wants to tell a judge that he doesn’t want to be his friend? Other bar associations and courts have held that it is improper for judges and lawyers to “friend” each other if there is any chance that the judge will be presiding over the lawyer’s cases, and that is the wiser rule. My own preference would be for judges to stay off social media entirely, except for close friends and family. They can only get in trouble there.

2. And this is much weirder…Apparently an app, ‘Santa Call New 2018,’ briefly available for download at the Amazon Children’s Store, would place a call to “Santa”when kids pressed the ‘call’ button, and Jolly Saint Nick would reply, “Hello there. Can you hear me, children? In five nights, if you’re free, I will look for you, I will find you, and I will kill you.”

Amazon is investigating.

Happy Holidays! Continue reading →

The Unethical And Deliberately Misleading”Senate Popular Vote” Talking Point, Or “Why Is The Left Trying To Make The Public More Ignorant Than They Already Are? Oh, Come On! You Know Why…”

/ Jack Marshall / 28 Comments

Look at those crazy shapes! GERRYMANDERING!!!!!

Progressives and the news media have decided that they don’t like the Constitution, so they are actively trying to confuse the public, which is depressingly easy.

We know Democrats and the mainstream news media hate the Electoral College and don’t view it as “legitimate.” The latest anti-Constitutional spin is that there is a national “popular vote” that should rigidly dictate the party representation in Congress. Vox’s Ezra Klein suggested that a revolution was coming if the imaginary Congressional “popular vote favored Democrats and Republicans held the House, but that’s Ezra and Vox—I assumed that this was an aberration. No! The same wacked-out theory was all over social media. The concept is based on regarding the Democratic and Republican Parties as Borg-like hives, with there being no legitimate distinction between on party candidate or another, as if no voter actually cares about experience, character, the record, skills, or any of those minor matters. Party is All.

I hate to keep pointing out that the Left is behaving, speaking and thinking increasingly like totalitarians, but the Left is behaving, speaking and thinking increasingly like totalitarians. Here’s what one of my Facebook friends, a lawyer and pretty openly a militant socialist, wrote yesterday (in part):

If you are on the left, fight for your ideal candidate in the Democratic primary and then vote Democrat in the general. The primary is the time for “who should represent the left in this election.”The general is the time to support the left over the right.

I don’t care if that nominee is “too far left” (Gillum) or “too centrist” (Sinema or McCaskill) or just “not exciting enough.” In every general election in the United States there are two candidates who have a chance to win. The Democrat is on the left, the Republican is on the right.

There is never a situation in which the agenda of any self-identified progressive or liberal or marxist or socialist or lefty or whatever is advanced by a win by the Republican. Never.

As anyone who has read Ethics Alarms for any length of time knows, I reject that argument absolutely. It is unethical, flat out. The agenda of our representative democracy is to have qualified, dedicated representatives and leaders whose judgment we can trust. It is, however, a nice summary of how someone can rationalize voting for people like Hillary Clinton, Bob Menendez, Nancy Pelosi and Maxine Waters. Or Jack the Ripper, as long as he ran as a Democrat.

But I digress. Totalitarians can only prevail by misleading the public, and so the “popular vote” confusion is apparently deemed worth promoting. ABC’s News’s Matthew Dowd brought up the fact that more ballots were cast in favor of the total number of Democratic candidates than Republican candidates running for U.S. Senate. That’s a nice piece of meaningless trivia, but he raised it as if it meant something. It doesn’t, but “The View’s” Joy Behar—remember, this woman has a daily platform to spout her analysis of news and politics—finished Dowd’s thought by saying, “Because of gerrymandering.” Continue reading →

On The “Trump Said Military Should Shoot Rock-Throwing Migrants” Train Wreck Ride

/ Jack Marshall / 14 Comments

This was a classic leg of the 2016 Post Election Ethics Train Wreck, the Horrible, Disuniting Ride That Never Ends.

On Facebook, one of my dear, hate-addled friends posted that President Trump had “ordered” the military to fire on any of the invasion-minded “caravan”—you know, these charming people,

—laughing, dancing, singing, playing tambourines  and telling fortunes!—who threw rocks when they confront U.S. soldiers at the border. This statement, which seemed incredible to me but because it’s Donald Trump and he could literally say anything from “Give Peace a Chance!” to “I am the Lizard King!” at any moment for any reason, including his own amusement, I couldn’t be sure. All of my friend’s friends were sure, though, and the liked, sad-faced and angry-faced the post to death.

Of course, a President ordering the military to shoot unarmed civilians would be monstrous, as well as illegal. It would also be historically ignorant, as doing so would require cultural amnesia of the major national events that most closely mirror such a scenario, both with “massacre” attached: Kent State, and that little incident in Boston that where it was British soldiers doing the shooting.

That’s not what the President said, though. What he said was this:

“They want to throw rocks at our military, our military fights back. I told them to consider it a rifle. When they throw rocks like what they did to the Mexican military and police I say consider it a rifle.”

Continue reading →

Mostly Non-Baseball Ethics Musings While Nervously Watching The World Series [UPDATED!]

/ Jack Marshall / 28 Comments

1. Dave Roberts did indeed get a standing ovation from the Boston fans when he was introduced in the pre-game ceremonies. As I promised…

2. Another family has written an attack letter against a member running for office. This is the second instance of this ugly campaign tactic this election  cycle. I don’t care what party is involved, or who the candidates are. Amy family members who would do this are contemptible.  The Laxalt family members, the culprits this time, even wrote that they didn’t know their target very well. If they don’t know him, why do their opinions matter?  Have they no decency? Has no one any decency?

3. I thought my left-wing echo-chamber addled Facebook friends were kidding when they suggested that President Trump and the Republicans were paying for the herd of illegal aliens marching on our borders. No, apparently some progressive pundits and journalists are actually claiming this, with a Blasey Ford level of evidence. You know, none. So illegal immigrants, encouraged by open-borders rhetoric from American progressives, Democrats and the biased news media, set out to force themselves past our laws and borders, and because this display risks enlightening the public about just how irresponsible and dangerous the left’s romanticized fantasy about illegal immigration is, they are denying that it’s real, and blaming it on Trump. Amazing.

4. Now here’s a campaign controversy you don’t see very often: the Democratic  candidate for the Minnesota State legislature may have married her brother. I  might argue that such incest is not necessarily relevant to her qualifications as a legislature, except that there is evidence that the marriage was a factor in possible immigration fraud and student loan fraud. Continue reading →

Saturday Morning Ethics Warm-Up, 10/6/18: As “The Bad Guys” Throw A Tantrum Because Their Plot Blew Up In Their Smug Faces

/ Jack Marshall / 27 Comments

Good Morning!

Wish I was there!

In this post, and later this one, I directly stated that the Left, “the resistance,” progressives, Democrats, had increasingly embraced objectively wrongful conduct and unethical means and objectives as routine, and that the Kavanaugh confirmation fiasco proved it. The commenter here who goes by the handle of “Chrissy Boy” accused me of being openly partisan, which is demonstrably false: I would write exactly the same thing about the Republican Party if it were trying to eliminate due process, the presumption of innocence, fairness, decency, respect for elections, respect for dissent, a competent and objective press, and the integrity of national institutions. But you see, the current strategy of the Left is to make it crushingly clear that you are either with them, or “the other.” They certainly don’t like being “othered” themselves, but when you set out to topple an elected government and a Constitution, that’s what you deserve. In one of its Sunday Reviews—they all run together, since it it is really “The Resistance This Week” under a deceptively neutral name—the New York Times led with an essay in which the writer wrote that the term “resistance” was unfair and untrue, since they were trying to “create a new nation” and the Trump administration was resisting the inevitable. That new nation, the last few weeks proved, would reject the values I just listed.

This is why, though I have a backlog of ethics issues on a variety of topics, as well as some excellent Comments of the Day that require posting, I have to use the limited time I have right now to chronicle the carnage of the Brett Kavanaugh Nomination Ethics Train Wreck, which, it appears though I am afraid to hope, includes dramatically reduced public support for the “resistance,” the news media, and the Democratic Party. President Trump’s approval ratings (whatever they mean) are way up. Approval of the Democratic Party is crashing, and with it the likelihood of a “blue wave” that might allow the Democrats to execute that coup they’ve been attempting. I have been counting on the historical, cultural reality that in the United States of America, we don’t like Bad Guys, and don’t want to support them. I am still hoping that this prompts the Left to have its Michael Douglas epiphany, and start being the Good Guys again. So far, however, the signs are not good.

Ann Althouse flagged this tantrum from Matt Yglesies at Vox  yesterday (several self-exiled Ethics Alarms progressives insisted Vox was an objective commentary site–suuuuure), neatly summing up:

When the Supreme Court gives lefties outcomes lefties like, they want conservatives to stand down and accept that the Court is doing proper, even brilliant, legal work.

Yes, this is a quality of Bad Guys: they have no integrity. Remember that same sex marriage decision that the evil old reloigious right claimed was “illegitimate” because it opposed “God’s law”?

1. It’s Hate Senator Collins Day! I’m not a Susan Collins fan, as I have always found her annoyingly wishy-washy, equivocal, pandering and a poor role model for women in power whose manner and speaking style illustrates why it is that more women aren’t in positions of power. However, she gave a ringing speech yesterday explaining why she would be voting for Kavanaugh’s confirmation, verbally nailing the coffin shut that contained the Democratic schemes to defeat him. My Facebook ffed is filled with people writing that she is a coward, a traitor (to her gender! to #MeToo!), an idiot. Althouse also flagged this comment (with over 1000 “likes”) to the Times piece, “Collins and Manchin Will Vote for Kavanaugh, Ensuring His Confirmation”:
Continue reading →

OK, Facebook Friends, Let’s Pretend It Isn’t Kavanaugh…Let’s Pretend It’s ME.

/ Jack Marshall / 91 Comments

I’ve had this post composed in my head for some time, and have hesitated to complete it. I really don’t like upsetting people I care about, much as some might think otherwise.

However, there has been such escalating fanaticism on Facebook (and elsewhere, of course), ringing through the echo chamber, about how Dr. Ford must be “believed” and how the judge is a “serial rapist,” I have to ask: would you all treat me this way? Would you react to seeing my career and reputation derailed by the sudden appearance of a high school acquaintance who announces that she has only recently come to realize that I had sexually assaulted her at a party? After hearing my denials, would you decided to determine that her account, with no verification by any witnesses, with the large amount of time past and with absolutely nothing in my record, professional or private life, to suggest any such proclivities, should be sufficient to have me labelled as untrustworthy?

Don’t resort to the “but he’s going to sit on the Supreme Court” trick. I’m a professional ethicist: an accusation that is widely metastasized into doubts about my character, including using it to tar me a liar, would be just as ruinous to me as the late hit on Kavanaugh is disastrous to him. There is no “well, this is wrong UNLESS its a Supreme Court nominee” principle: that’s a pure rationalization. No, if the Ford accusation, with all of its flaws, its basis in fading and rediscovered memories, the fact that it involved juveniles, all of that, and the objective professional observations by Rachel Mitchell that found several reasons why Ford’s testimony was incredible, is still enough to allow you to condemn Judge Kavanaugh, then it must be enough for you to condemn me too.

But I’ll make it easier for you: let’s say its me that is the current Supreme Court nominee, and me that your favorite party has condemned as a threat to civilization. (And lets assume that you haven’t read any of my judicial decisions either.) Continue reading →

Evening Ethics Encounter, 9/26/18: And The Brett Kavanaugh Nomination Ethics Train Wreck Just Keeps On Rolling…

/ Jack Marshall / 40 Comments

Good evening!

Well, it wasn’t so good: the Red Sox lost the second game in a double-header to the hapless Orioles….

1. Tempted. I am considering posting the “Bad Guy” essay on Facebook. It is certain to upset people, a lot of them, some good long time friends. I don’t generally try to upset people, friends or not. The echo chamber on social media, however, has become unbearable, with the most extreme, unsupported, unsupportable, declarations from the dregs of the progressive talking points attracting likes and cheers, and no glimmer of perspective, objectivity, and certainly not ethics peeking through the muck. I guess I want to upset them, like you want to slap a hysteric, or throw ice water on two brawling drunks. Nothing I write will accomplish anything positive with people this infected with hate and bias.

I guess posting it would be unethical.

Right?

2. This shouldn’t even qualify as an “allegation.” The Times:  reports that Julie Swetnick  “said she witnessed Judge Kavanaugh… lining up outside a bedroom where ‘numerous boys’ were ‘waiting for their “turn” with a girl inside the room….Ms. Swetnick said she was raped at one of the parties, and she believed she had been drugged. None of Ms. Swetnick’s claims could be independently corroborated by The New York Times, and her lawyer, Michael Avenatti, declined to make her available for an interview…. Unlike two other women who have accused Judge Kavanaugh of sexual misconduct, one who went to college with him and another who went to a sister high school, Ms. Swetnick offered no explanation in her statement of how she came to attend the same parties, nor did she identify other people who could verify her account…. In her statement, Ms. Swetnick said that she met Judge Kavanaugh and Mr. Judge in 1980 or 1981 when she was introduced to them at a house party in the Washington are… She said she attended at least 10 house parties in the Washington area from 1981 to 1983 where the two were present. She said the parties were common, taking place almost every weekend during the school year. She said she observed Judge Kavanaugh drinking ‘excessively’ at many of the parties and engaging in ‘abusive and physically aggressive behavior toward girls, including pressing girls against him without their consent, “grinding” against girls, and attempting to remove or shift girls’ clothing to expose private body parts. I also witnessed Brett Kavanaugh behave as a “mean drunk” on many occasions at these parties.'”

Althouse asks,

If the allegations are true, there must be many, many other witnesses. Where have they been all these weeks? And why would she go to “at least 10 house parties” if they were as she described? The NYT suggests there’s a gap in the account because Swetnick doesn’t say how she got to go to the same parties as Kavanaugh. We’re told Swetnick grew up in Montgomery County, Md., and graduated from Gaithersburg High School — a public school — in 1980 and attended the University of Maryland. That puts her in a less elite crowd. She’s also 2 years older than Kavanaugh and graduated from high school 3 years before he did, so it makes it a little hard to picture them at the same parties. Did older, state-college women go to parties with prep school boys years younger than them? If they did and the boys raped them, repeatedly and systematically, how could the boys get away with it, and why are there not many more women coming forward with the same allegations? And why are we getting this through Michael Avenatti?

Continue reading →

Morning Ethics Warm-Up, 9/14/18: A Newly Christened Ethics Train Wreck!

/ Jack Marshall / 73 Comments

Good Morn…ARRRGH!!!

1. As predicted…The wounded Ethics Alarms commenter who sued me for defamation is appealing the Massachusetts judge’s ruling granting my motion to dismiss for failure to state a cause of action. His main objective, I assume, is just to waste as much of my time and money as possible. Apparently he either has posted or will post the entire transcript of the hearing and a recording of the proceedings on his website.

2. It’s official! The Bret Kavanaugh confirmation is officially and ethics train wreck. It was already a national embarrassment. Putting it over the top and on the metaphorical rails was the truly nauseating smear attempted by Senator Diane Feinstein (D-Cal). Here is her statement:

“I have received information from an individual concerning the nomination of Brett Kavanaugh to the Supreme Court. That individual strongly requested confidentiality, declined to come forward or press the matter further, and I have honored that decision. I have, however, referred the matter to federal investigative authorities.”

This is pure innuendo with no content whatsoever, and thus dirty politics, indeed McCarthyite politics. But wait! There’s more! From the Intercept:

It purportedly describes an incident that was relayed to someone affiliated with Stanford University, who authored the letter and sent it to Rep. Anna Eshoo, a Democrat who represents the area. Different sources provided different accounts of the contents of the letter, and some of the sources said they themselves had heard different versions, but the one consistent theme was that it describes an incident involving Kavanaugh and a woman while they were in high school.

I’m sorry if heads are exploding, but I’m especially concerned about those who will try to rationalize what Feinstein, and the Democrats, are doing in their desperation to defeat the nomination of a completely qualified Supreme Court candidate. A second, third or fourth-hand hearsay account from an anonymous source alleging  some kind of possibly sexual misconduct (by 2018 #MeToo rules, I’m sure) was passed along to Feinstein, who announced that she was referring it to the Justice Department, and the alleged conduct of an undefined nature occurred when Kavanaugh was a high school student. Continue reading →