California

Noon Ethics Munchies, 7/14/2021: On Cuba, Big Lies, Roy Moore, and More [Corrected]

/ Jack Marshall / 29 Comments

Munchies

1. The President gets a cheap shot...Commenting on Joe Biden’s generally hysterical speech about “voter suppression,” “Bonchie” writes on the conservative blog Red State,

“Of note here is that Biden is channeling Nazi propagandist Joseph Goebbels by using the phrase “big lie” to disparage Republicans who have concerns about the 2020 election. Yet, despite the phrase’s murderous, anti-Semitic past, the president seems to have no problem saying it repeatedly. In doing so, he echoed CNN’s Jake Tapper and others who have also been fond of the phrase.”

There is nothing wrong with using the phrase or the description. The device was championed by both Goebbels and Hitler, and is an accurate description of a propaganda tactic, an unethical but powerful one, used by both the Right and the Left. Whether the description is used fairly in any particular case is a separate issue. “Big Lies” is a very accurate description of the assault by the “resistance”/Democratic Party/mainstream media against Donald Trump—can you think of a better one?—which is why Ethics Alarms used it here and elsewhere.

What would be fair to note is that Biden has often been an eager employer of Goebbels’ favorite trick himself…as noted in this post.

2. Does anyone understand why Democrats are trying to downplay the current Cuban protests against the Communist government? This makes no sense to me. Thousands of anti-regime protesters took to the streets across the island over the weekend, waving American flags and chanting “Freedom!” and anti-government slogans. Cuba has been a repressive Communist regime since Fidel Castro pulled his bait and switch with the U.S. in 1959, but the most extreme elements in the Democratic Party, the proto-Marxists, have always thrown Cuba metaphorical kisses, like Michael Moore. Barack Obama reversed decades of U.S. policy by opening relations with Cuba without requiring any human rights concessions in return. One would think an outbreak of democracy on the island would be viewed as a good thing, but Biden’s paid liar, Jen Psaki, absurdly explained that the reason for the protests was “concern about rising COVID cases, deaths, and medicine shortages” rather than political oppression.

While Republicans have immediately announced their support for the Cuban people, Reps. Bobby Rush (D., Ill.), Steve Cohen (D., Tenn.), Barbara Lee (D., Calif.), Gwen Moore (D., Wis.) and the more 70 members of Congress, including “The Squad,” of course, signed a letter asking Biden to lift Trump sanctions Cuba in March. They have not had any comment on the demonstrations so far.

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In Americans For Prosperity Foundation v. Bonta, Supreme Court Conservatives Again Defend The First Amendment As Its Left Approves Of Chilling Speech And Association

/ Jack Marshall / 13 Comments

08-18-17 Free Speech

How did we get to the point where “liberals” want to chip away at the freedoms of speech and association while conservatives defend it? It’s weird: I’m old enough to remember when those mean old conservatives were always trying to silence dissent, not to mention vulgarity and violent TV shows and movies.

But in the final day of the Supreme Court’s term, the 6-3 conservative majority ruled that California—from which all terrible ideas now seem to flow— may not require charities soliciting contributions in the state to report the identities of their major donors. The law was opposed by very unconservative voices like those of ACLU to the NAACP Legal Defense and Educational Fund, and one would think that the alleged liberals on the court would immediately recognize how the law could and would chill free speech. Or don’t they pay attention to the incidents where CEOs have been run out of their jobs for contributing money to anti-gay marriage organizations, to name just one example? It would seem not. This is also weird, for the cancel culture has made simply stating an opinion that contradicts the Woke Borg perilous to one’s career, personal relationships and safety. Is it overly conspiracy-minded to suggest that progressives want it that way, particularly with their success at making wiggly-spined Americans who would make Patrick Henry retch grovel for forgiveness.

Chief Justice Roberts neatly summarized the importance of free association, writing,

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Ethics (And Judicial) Hero: Federal Judge Roger Benitez

/ Jack Marshall / 15 Comments

cartoon-guns

If one bothers to read his opinion, which most anti-gun, anti-Second Amendment zealots will not, including your outraged friends on social media, it is clear that that the U.S. District Court for the Southern District of California judge’s long overdue ruling striking down the state’s three-decade-old unconstitutional ban on so-called “assault weapons” is well reasoned, well-researched, and difficult to rebut. As usual, those who want to remove the right to bear arms from law abiding Americans (while law-defying Americans continue to do as they please) are resorting to emotion and dishonesty to argue their case.

It is unfortunate that the judge, who is not one of those evil Trump judges but a moderate appointed by President Bush II, began his opinion with an invitation to be misquoted and misunderstood. “Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment,” Judge Benitez wrote, so furious would-be gun-grabbers are aping California Governor Gavin Newsom, who tweeted,

“Overturning CA’s assault weapon ban and comparing an AR-15 to a SWISS ARMY KNIFE is a disgusting slap in the face to those who have lost loved ones to gun violence. This is a direct threat to public safety and innocent Californians. We won’t stand for it.”

This raises the question, so frequently encountered on Ethics Alarms, of whether a speaker is deliberately lying, or just stupid. In this case, it is also possible that he only read the first sentence, which is irresponsible. Benitez, as the rest of his opinion makes crystal clear, was comparing the versatility of an AR-15 to a Swiss Army Knife, not their characteristics as weapons. An important part of his opinion explains that when the California legislature banned semi-automatic rifles,it never even considered the weapon’s value for self defense, and not just as a “sporting rifle.” (The Red Sox have a utility player named Marwin Gonzalez, and I have heard him compared to a Swiss Army Knife because he can play almost any position; in other words, he’s versatile. No baseball writer has been so foolish as to mock the characterization by saying that the comparison is ridiculous because the knives aren’t alive, Gonzales isn’t Swiss, and he’s much, much bigger.) It is also a non sequitur to call a ruling based on black letter law a “slap in the face” to anyone. Not following the Constitution, as California frequently wants to do, is a slap in the face of democracy.

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Tuesday Ethics Torture, 2/23/21: Stevey’s Going, Peter Suprises, Ian Shrugs, And California Dictates…

/ Jack Marshall / 19 Comments

Torture of Brinvilliers, 17th Century

I spent a half-hour searching for ethics stories that made me feel good. All I found was more sources of gloom and depression. I have a headache, and no matter how many times I play, “Zing! Went the Strings of My Heart!,” it doesn’t male me want to laugh, gambol and frolic….

1. Normally the baseball season’s impending approach would cheer me up, as it has for more than 50 years (and that’s another damn thing—I can’t possibly be that old), and this time, nothing. It’s like I’m dead inside. The twin curses of the Boston Red Sox pandering to Black Lives Matter and the team’s rehiring of a proven, and as far as I can see, unrepentant cheater as manager have apparent sucked all of the joy out of what has been a lifetime passion. Now I’m bothered more by the flaws that once I would have shrugged off, like this one: Ian Desmond, a 35-year-old outfielder with the Colorado Rockies, has “opted out” of playing for the second straight season.

“For now, I’ve decided to opt out of the 2021 season,” Desmond wrote on Instagram. “My desire to be with my family is greater than my desire to go back and play baseball under these circumstances. I’m going to continue to train and watch how things unfold.” Between the two seasons, the player has now walked away from a combined $13.56 million. He was owed $8 million this year and was set to make $5.56 million of his prorated $15 million salary last season, though the Rockies have a $2 million buyout for 2022.

Desmond, 35, hit .255 with 20 homers in 140 games in 2019. He’s not special. Yet he has made so much money in a slightly above average career that he can afford to toss away millions of dollars. An industry that pays its workers so much that they have no financial incentive to work makes no sense, and any team that would keep a player like Desmond, whose attitude is, “Eh, I don’t feel like playing baseball…maybe later,” is foolish. He’s healthy, relatively young, and his risks of serious health problems from the Wuhan virus are slim: my grocery store clerks face greater risks by far. Yechhh.

2. Slippery Slope Warning! The slippery slope is both a phenomenon and a fallacy, as when someone objects to something benign by arguing that it creates a theoretical slippery slope that is not benign. Of late however, the assault of the Woke has made slippery sloping a national pastime, particularly involving slopes that lead governments to dictate all manner of conduct that should be none of its damn business.

For example, in California, good little brain-washers Evan Low and Cristina Garcia introduced Assembly Bill 1084 to require gender neutral retail departments. The bill would add Part 2.57 (commencing with Section 55.7) to Division 1 of the Civil Code, to be titled “Gender Neutral Retail Departments.” The bill would enact a regulation based on “legislative findings” that there are unjustified differences in similar products traditionally marketed either for girls or for boys. Thus the bill, on the theory that it will be easier on the consumer if similar items are displayed closer to one another in one, undivided area of the retail sales floor, mandates eliminating gender distinctions in clothing sales. In addition, keeping similar items that are traditionally marketed either for girls or for boys separated incorrectly implies that their use by one gender is inappropriate, the bill claims/

Ah! Illegal implication. Can’t have that!

I would assume that even an idiot could see that this is government indoctrination and has zero to do with serving consumers. If a retail company chooses to market clothing as unisex, they should go for it, but it is not the role of government to dictate how merchandise is displayed.

California is a contagious carrier of terrible and infectious ideas. The other states should be wearing big masks…

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Unethical . . . But Funny! Well, Stupid, Really . . .

/ Jack Marshall / 9 Comments

Gross netting

This week, Superior Court Judge Kimberly Knill ordered the billionaire bond investor Bill Gross and his partner Amy Schwartz, to stop violating the noise ordinances of the Laguna Beach municipal code by playing the “Gilligan’s Island” theme song music on their outdoor speakers. Evidence showed that music was played so loudly it could be heard inside neighbor Mark Towfiq’s—he’s also a billionaire— home despite concrete construction and half-inch-thick, dual-pane windows.

Why was the couple inflicting the infamous earworm on their neighbor? It seems the music started when Towfiw objected to the Gross estate erecting the ugly plastic netting around a huge glass sculpture that they had installed in their back yard. When he complained, Gross, 76, and Schwartz, 51 retaliated by claiming their neighbor was a Peeping Tom. Then the the couple started inviting him to sit right down as they told a tale about a three hour tour, night after night.

The litigation, which involved teams of high-priced lawyers on both sides, commenced November 9. A city code enforcement official testified that Gross and Schwartz said they would lower the music if Towfiq dropped his complaint about the sculpture. Towfiq’s lawyers presented a text from Gross responding to their client’s request to turn down the music in which Gross wrote, “Peace on all fronts or we’ll just have nightly concerts big boy.”

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Mid-Day Ethics Tidbits, 11/4/2020: Sort-Of Post-Election Edition, With Yummy NONE Election-Related Items!

/ Jack Marshall / 36 Comments

1. Ay Caramba! Does anyone think that former Playboy model Eva Marie has a legitimate complaint because she was kicked off a Southwest flight along with her seven-year-old son for wearing this outfit on board?

Eva Marie

I don’t. She said she was “humiliated and embarrassed” when a Southwest Airlines flight attendant told her she couldn’t board looking like that. I don’t believe it for a second. She was seeking publicity. “When they threatened to remove me off the plane if I didn’t have a change of clothes, I felt completely humiliated, embarrassed and highly offended,” the Instagram influencer said of the incident. “I’m an A list member for SWA and have a credit card with the airline and I have perks that allow any person traveling with me to fly free because of my high status with the airline. So even as being a loyal customer with them, I felt like the other women on the plane were judging me based on my attire and they were saying my breasts are too large,” she added. “Well, that’s something I can’t help.”

No, you shameless jerk, they were judging you because you won’t observe even minimal social conventions, like not going out in public looking like a stripper mid-routine. If she is a “high status” member of the airline, then she is presumably aware that it has a dress code. It is overwhelmingly likely that she pulled this as a stunt to gain Instagram users  to “influence,” and exploited Southwest to do so.

The airline would be fair and reasonable to ban her from flying.

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The San Quentin Ethics Conflict

/ Jack Marshall / 36 Comments

California’s First Court of Appeals has ordered San Quentin State Prison to transfer or release about 1,700 inmates. That’s 50% of the prison population there, an edict based on the theory that San Quentin officials have not done enough to protect inmates from the pandemic. “We agree that respondents — the Warden and CDCR — have acted with deliberate indifference and relief is warranted,” the court said in its opinion last week.

50% was the figure recommended by a team of experts after they investigated the viral spread that has killed dozens and sickened hundreds at San Quentin’s maximum security facillity. The inmate reduction could be achieved through a combination of transfers and early releases, the court said.

The California Department of Corrections opposes the order. “Since March, the department has released more than 21,000 persons, resulting in the lowest prison population in decades. Additionally, we have implemented response and mitigation efforts across the system,” it argued in a statement. “As of today, CDCR’s COVID-19 cases are the lowest they have been since May (493 cases reported today, and over 14,000 resolved), with San Quentin recording only one new case among the incarcerated population in nearly a month.”

The Wuhan virus has infected more than 200,000 prison and jail inmates. Nearly 1,300 have died as a result, according to a New York Times database.  Civil rights organizations have argued for the release of inmates across the country, using the 8th Amendment prohibition against cruel and unusual punishment as their justification. San Quentin presents a particularly tough ethical trade-off. In its opinion, the court ruled that the state prison system had shown “deliberate indifference” to the safety and health of San Quentin’s inmates by not taking sufficient measures to protect them. This, the court wrote, was “morally indefensible and constitutionally untenable.”

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Musings On A Recent Entry In The Ethics Alarms “I Don’t Understand This Story At ALL” Files

/ Jack Marshall / 35 Comments

Fontrell Baines, 31, a rapper who goes by the stage name of “Nuke Bizzle,” was arrested on three felony counts of access device fraud, aggravated identity theft and interstate transportation of stolen property, thus facing up to 22 years in federal prison. It’s not just that the evidence shows that Baines and his co-conspirators fraudulently obtained at least 92 debit cards pre-loaded with more than $1.2 million on them and converted the cards into more than $700,000 of ill-gotten gains. The rapper was caught after he posted a music video about the scheme on YouTube, leading to his arrest last month while he had multiple debit cards in his possession with the names of people who weren’t him..  The catchy rap song,  in which he boasts about getting “rich off of EDD, amassed more than 400,000 views and also alerted authorities to his scheme.

“Unemployment so sweet,” Baines raps. “We had 1.5 land this week!” A cohort on the video joins in, “You gotta sell cocaine, I can just file a claim!”

Prosecutors say the stolen cards were sent to addresses in Beverly Hills and the Koreatown neighborhood of Los Angeles, where “Nuke” could get grab them. For inspiration….

Musings:

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Friday Ethics Footnotes, 7/31/2020: 1619, Dumber Lawyers, And Trader Joe’s Stands Up For “Trader Ming’s”

/ Jack Marshall / 16 Comments

1. Psst! This doesn’t send a message that is complimentary to minorities...The California Supreme Court, which oversees the state bar, agreed to lower the passing score for the exam. The objective is to raise the number of black and Hispanic lawyers. 40 % of California’s population is white, and 60% are not. But 68% of California lawyers are white, according to a new report by the State Bar of California.

Well, so what? Maybe more whites want to be lawyers; whatever the reason, lowering the standards for getting a license seems like a poor way to improve the situation, since it promises to add more dim attorneys. Why do all professions have to have identical demographics to the population at large?

“There is absolutely no evidence that shows having a higher score makes for better lawyers,” said UCLA School of Law Dean Jennifer L. Mnookin. “There is significant evidence that it reduces the diversity of the bar.” Yeah, I’m pretty sure letting people get law licenses by playing beanbag would also lead to a more diverse bar. There is no way to determine whether having higher scores on the bar exam correlates with being a “better lawyer,” but I guarantee not being able to pass the bar exam correlates with being significantly slower on the uptake that a lawyer who can.  Mnookin is saying that intelligence and critical thinking skills don’t factor in the practice of law. What an interesting thing for a law dean to say. Do you think she really believes that?

No one has been able to show that the bar exams anywhere have a racial bias, but since other explanations for comparatively low passing rates among African-Americans are not politically palatable, the George Floyd Freakout has led to this. California will now have dumber lawyers of all colors. Progress! Continue reading →

Tuesday Dusk Ethics Musings, 7/28/2020: Bitch, Bitch, Bitch

/ Jack Marshall / 24 Comments

I had a friend who was sure the lyrics were about “ducks in the wind.” Dust, ducks, dusk…whatever. Never liked the song, but it suits my mood after today’s farewell to an old friend, maybe the sweetest person I’ve ever known or ever could know, at Arlington. Here were old friends, many who hadn’t seen each other in many years, standing around, six or more feet apart, trying to talk through masks and to recognize each other.

This is no way to live.

1. I have to say this: At a time when Gilbert and Sullivan is being “cancelled” by the sick combination of hyper-sensitivity to fantasy gender stereotypes and the ignorant belief that “The Mikado” is racist—morons!—I should not be forced to listen to Lifelight’s badly set, forced, incompetent parody of “The Major General’s Song.” I could write better lyrics than that, yes, even about vegetable meat substitutes, with half my brain tied behind my back. There’s no excuse for such lazy, lousy writing, especially for compensation. Was the writer the company CEO’s 12-year-old niece?  Gilbert and Sullivan were geniuses; their work shouldn’t be desecrated like that.

2. Shut up, David. David Price, who couldn’t be bothered to play baseball and help relieve the public’s stress for a paltry 10 million dollars, is home and sniping at Major League Baseball for not shutting down after 14 members of the Florida Marlins tested positive for the Wuhan virus. Well, some of his colleagues need their salaries, unlike Price, who has a 150 million or so in the bank unless he has a gambling habit, and baseball, to its credit, is determined to gut it out, much as it did during the 1918 Spanish Flu pandemic. Good. Thank-you.

3.  How can anyone take an award seriously that does something like this? On the other  hand, it’s comforting that after all these years, the Kennedys are still hyper-partisan, hypocritical, and silly. 2020’s Robert F. Kennedy Human Rights Ripple of Hope Awards, which supposedly honors “changemakers” who are advancing human rights, equality and justice, have been awarded to, among others, Dr. Fauci and Colin Kaepernick. The Kennedys’ game could not be more transparent if they admitted it. Kaepernick, whose questionable contribution  to human rights has been kneeling where he shouldn’t and cashing in with Nike, but he’s a walking Black Lives Matter ad, and so it’s a poke in the President’s eye. As for Fauci, the message is that he’s brilliant, so Trump is the reason why the pandemic has raged.

Here are some recent award winners: Obama, Hillary Clinton, Joe Biden, and Nancy Pelosi. Continue reading →