Ethics Dunce: The North West Hendricks School Corporation

How can organizations, especially schools,  think this kind of thing is acceptable, much less ethical? Who are the lawyers advising these people? Where do they think they’re living?

In Indiana, the North West Hendricks School Corporation’s “ Parent Code of Conduct ” says that parents should not use social media to make “rude or offensive comments” regarding school staff members or the school itself. Parents also cannot use social media to “campaign against or fuel outrage against individual staff members, the school or policies implemented by the school or district.” Violating the policy means that a parent can be removed from the school premises and banned from entering school grounds forevermore.

This is one of those unenforceable provisions that exist to intimidate and deceive those ignorant parents who were so badly educated (perhaps in the North West Hendricks School Corporation ) that they can’t spot an unconstitutional rule when they see one. No public school can tell parents what they can or can’t say on social media. This is a pure First Amendment violation, so blatant that it even roused the local ACLU from its accustomed slumber.

The ACLU of Indiana was asked about its assessment of the restriction on parents’ speech, and  legal director Ken Falk replied,

“I think this is flagrantly unconstitutional. The overarching problem is you have the government saying if we don’t like what you’re saying, we can punish you — but the government is not allowed to do that. That’s why we have the First Amendment.”

The rule has been in the Parent Code since 2016, but nobody reads these things. It is coming to the fore now because the district is currently keeping a teacher on its payroll despite allegations of sexual misconduct toward a student. Some parents have been discussing the situation on Facebook, and wonder about the school’s response. The district made a point of  handing out copies of the Parent Code of Conduct at a December school board meeting, and it was taken by many as a warning. Continue reading

In California, A Black Lives Matter Ethics Mess

Here’s the story, and then we’ll look at the ethics miscreants who made an ethics  mess of it….

At Del Paso Manor Elementary, near Sacramento, a parent volunteer in a sixth grade class asked the teacher if she could teach an art lesson about diversity. The male teacher told her in front of the class that “his lessons would contain lessons with ‘a bunch of old white guys’ so her content may not fit.” The volunteer  was confused and “a bit concerned” by the statement, but went ahead with the project she had envisioned. She asked the students to each make  a poster that focused on something “they wanted to see changed at the school.”  Four students created Black Lives Matter posters.

The next day, the teacher told the parent volunteer that he had thrown the four posters away because they were “inappropriate and political.” The teacher asked the volunteer “whether students were getting shot at the school and demanded answers regarding why a presentation on Black Lives Matter was relevant” to the school.

The volunteer complained to the principal, who backed up the teacher and his decision, agreeing that Black Lives Matter posters are political statements and off limits for public display in the school. Then someone, perhaps the volunteer but maybe a parent, took the matter to the ACLU. The group then contacted the  school district, and argued that  Black Lives Matter posters were protected speech under the California Education Code because they “convey a student’s thoughts, ideas and beliefs in the support of black lives,” and were also protected under the California Constitution.

Ugh.

Now the ethics verdicts: Continue reading

The Topless Stepmother Conundrum: When Ethics Work Better Than Laws

MOM?!

A lawyer for Utah’s chapter of the ACLU asked Utah Judge Kara Pettit to rule that the state’s lewdness law violates the Constitution by treating women differently than men and thus violating the Equal Protection Clause. The  statute makes it a crime to expose “the female breast below the top of the areola” in the presence of a child in a private place “under circumstances the person should know will likely cause affront or alarm.”

Tilli Buchanan, 27, faces imprisonment, fines and the requirement to register as a sex offender for 10 years if convicted of violating the law, which she certainly did. Buchanan and her husband had been installing drywall in the garage, and they had taken off their shirts that had become scratchy from the fibers, she told reporters.  When her stepchildren, aged 9, 10 and 13, walked in, she “explained she considers herself a feminist and wanted to make a point that everybody should be fine with walking around their house or elsewhere with skin showing,” her lawyers wrote in court documents. Here’s Tilli…

Just kidding.

Lawyer Leah Farrell of the ACLU says the law requires women to do a “mental calculation” about whether going topless would cause alarm. But men can go shirtless without violating the law and without making that calculation. “That really sets up an unequal and unfair dichotomy,” Farrell says.

Prosecutors say that Buchanan stripped in front of the children and  was under the influence of alcohol at the time. They also claim she said she would put her shirt back on if her husband showed her his penis.

Ick. Continue reading

Ethics Warm-Up, 11/19/29: Rushing Around Hotel Rooms Edition

Started this post in a DoubleTree this morning, finishing it (I hope) this afternoon in a Hyatt.

1. Nauseating. The ACLU awarded Christine Blasey Ford the Roger Baldwin Courage Award.

There is no excuse for this, and it shows how deeply the once pointedly non-partisan Bill of Rights defense organization has allied itself with the political Left. The attack she fostered on Brett Kavanaugh violated the principle of due process and her unsubstantiated accusation of a dimly recalled sexual assault when the Justice was a teenager is the kind of abuse of justice that the ACLU once opposed. Writes an outraged Nina Bookout on Victory Girls,

What exactly did she do that could be defined as courageous?

  • Was it her allegations of rape that were never verified?
  • Was it her throwing high school friends under the bus?
  • Was it changing her stories in mid-stream, and then changing them again while testifying?
  • How about the fact that she needed Mark Judge to verify the date she was attacked because she can’t remember?
  • How about her beach conversations, the polygraph, and the weirdness about the second door?

If that’s today’s definition of courage by the ACLU, then we have yet another word with its meaning distorted in order to fit a desired narrative.

What Christine Blasey Ford did, with the tacit approval of the Left and encouragement from the likes of Diane Feinstein, is the very opposite of courage. It is spiteful cowardice.

Obviously, I think, Blasey-Fordis being lionized by the ACLU for applying the ends justifies the means approach by being willing to expose herself to deserved ridicule in order to smear a Trump SCOTUS nominee deemed to place the right to abortion at risk.

In this she is reaping the same benefits that came Anita Hill’s way when she ambushed Clarence Thomas with distant accounts of alleged sexual harassment.

2. Speaking of undeserving “heroes,” pundits are saying that it does not seem as if the NFL “trusts” Colin Kaepernick. Well, of course they don’t. The way he has packaged himself as a martyr for “social justice,” there is literally no chance that if signed as a back-up quarterback, he would devote his full attention and energy to playing football.

What I find amazing is the news media’s constant description of his kneeling stunt as “raising public awareness to police violence against African Americans.” How does a football player kneeling during the National Anthem call attention to anything other than a football player kneeling during the National Anthem? It doesn’t. My attention is drawn to police violence against African Americans when I learn about a genuine example of it, like the shooting of Walter Scott in the back as he fled an arrest. When inarticulate publicity-seeking  race-baiters like Kaepernick say their actions are meant to raise public awareness of police violence against African Americans and they cite Mike Brown, Tamir Rice, and other complex episodes, then they only call attention to their ignorance and unethical desire to demonize whites and police. Continue reading

Saturday Ethics Warm-Up, 7/27/19: Updates And News!

Saturday morning came!!

At points yesterday I was beginning to have doubts…

1. A win’s a win, and right is right, but the ACLU outs itself again.  In the wake of the SCOTUS 5-4 decision to let stand the executive order reallocating funds for a wall to address the national emergency at the border and allow construction to commence, the ACLU flagged its own bias (though it is supposed to be non-partisan) by referring to the wall in a statement as “xenophobic.”

Its lawsuit was based on alleged environmental harm risked by the wall’s construction, but the use of that word, a deliberately dishonest characterization that can only mean an endorsement of open borders , proves that the lawsuit is a sham, using environmental concerns to mask a pro-illegal immigration agenda, which most of the public opposes….as they should.

Merits of the wall aside, the game Democrats are playing with this issue, calling for undefined “comprehensive immigration reform” while opposing enforcement and refusing to recognize a genuine emergency to keep the President from a political victory, is electoral suicide. (Yet most of the field of Democratic challengers have endorsed decriminalization of border breaching, which is like an invitation to invade. Madness. Even Hispanic-Americans oppose this.)

A blind pig can find a truffle or two, and on this existential issue, the President has law, history, sovereignty, the national interest and common sense on his side.

2.  A clueless harasser gets a second chance.   Neil deGrasse Tyson, the pop-culture astrophysicist who leads the Hayden Planetarium at the American Museum of Natural History, has been cleared to continue in his job  after the museum competed  an investigation into three sexual misconduct accusations against him. Continue reading

Facebook And Instagram Leap Down The Slippery Slope To Thought-Policing

Facebook has banned right-wing activists Alex Jones, Milo Yiannopoulos, Laura Loomer, Joseph Watson, white supremacist Paul Nehlen,  Jones’s company, Infowars, and  Nation of Islam leader Louis Farrakhan.

And yes, it is unethical. And frightening. The irony is that Facebook says that the ideas promoted by these mostly fringe figures are “dangerous.” Nothing any of them say or write are anywhere nearly as dangerous as promoting censorship based on content and political viewpoint.

It doesn’t matter that all of the political and opinion figures Facebook banned from its two social media platforms are assholes, bigots and hate-mongers—I can’t say for sure that all of them are, since I only bump into any of them when I take a wrong turn on the Information Superhighway, as Al Gore liked to call it. I can say for sure that Nation of Islam leader Louis Farrakhan meets that description, just as I can say for sure the media spin that he is “right wing” is ridiculous. If he’s so far right, why have so many members of the Congressional Black Caucus, including the only-recently resigned co-chair of the Democratic National Committee, met with him, posed with him, and generally given him legitimacy?  Barack Obama posed with him too, though that photo was stored in the media memory hole until he was safely elected President.

Oh, I get it: only conservatives spread hate, ergo Farrakhan must be a right winger.  I suspect that the real reason Farrakhan was on the initial list of banned users was so Facebook could claim, when challenged, that it wasn’t just banning  advocates for the far right.

Progressives and their allies need to get their stories straight.

Let me get back to the first sentence: for a major source of communication in our society to permanently censor anyone based purely on the ideas and opinions they advocate is unethical, and is a serious threat to freedom of expression in the United States. Continue reading

Morning Ethics Warm-Up, 4/15/2019: Patriots Day! Jackie Robinson Day!

Good morning!

It’s funny: over at Ann Althouse’s blog, she’s complaining about how there’s nothing to write about. From an ethics perspective, I am finding too much to write about, especially since, unlike Ann, I still have to work for a living.

1. Quick: what does Patriots Day commemorate (and no, it’s not Tom Brady)? My home state of Massachusetts, Connecticut, Maine (which was once part of the Bay State), and Wisconsin observe the holiday, which honors the twin battles of Lexington and Concord, the confrontations with the British (on April 19, 1775, the day after “The Midnight Ride of Paul Revere”) that launched the Revolutionary War. I visited both battlefields more times than I could count when I was living in Arlington, Mass., right next to Lexington. That battlefield, what’s left of it, is in the middle of busy streets on all sides; it’s hard to imagine the scene as described in the song above from “1776.” Concord’s battlefield, in contrast, is almost exactly as it was in 1775.

All the publicity, even in Boston, about today will be dominated by the running of the Boston Marathon, but attention should be paid to the inspiring story of how ragtag groups of volunteers faced off against the trained soldiers of the most powerful country on Earth, sending the message that this rebellion would not be so easy to put down.  49 Colonists died, 39 were wounded, and five were unaccounted for. The British lost 73, while 174 were wounded,and 26 were missing.

2. It’s also Jackie Robinson Day. In every MLB game today, every player will wear Jackie’s number 42. The best way to honor Jackie for the rest of us is to tell his story to someone who doesn’t know who Jackie Robinson was, and it is shocking how many such people there are. The film “42” does an excellent job of dramatizing how Jackie broke the color barrier in baseball, simultaneously weakening segregation everywhere. The Ethics Alarms post about Robinson is here. Continue reading