Ethics Dunce: University of Illinois Chicago John Marshall Law School

Marshall

You knew I couldn’t let this one pass.

The UIC John Marshall Law School is officially changing its name to the University of Illinois Chicago School of Law. The decision, a capitulation to the unethical mentality of the cancel culture and historical air-brushing strategy embraced by the political Left, comes after months of review by a task force. The resulting report noted, “that despite Chief Justice Marshall’s legacy as one of the nation’s most significant U.S. Supreme Court justices, the newly discovered research regarding his role as a slave trader, slave owner of hundreds of slaves, pro-slavery jurisprudence, and racist views render him a highly inappropriate namesake for the Law School.”

The most influential and important jurist in U.S, history is a highly inappropriate namesake for a law school. Got it.

John Marshall was the fourth chief justice of the Supreme Court, (1801 – 1835), and the only essential one. He authored the majority opinion in Marbury v. Madison (1803) that established judicial review, giving the Court power to declare legislative acts and executive actions unconstitutional. Without Marshall, the Constitution wouldn’t work. He took a bold and controversial step to ensure that basic rights and principles would not be wiped out by a rogue Congress or a dictatorial President. How many landmark SCOTUS decisions does the nation owe to Marshall as a result? How different would our lives be without his deft adjustment to the balance of the Branches? Would the United States of America even exist at all?

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More American Idol Ethics: Are The Fans Of The Show Really As Unfair And Stupid As The Producers Think They Are? Is Everybody?

KKK video

Here’s a quick summary: American Idol has tossed one of its finalists off the show because a video he posted when he was 12 years old shows him standing next to someone who looks like he’s wearing a KKK hood.

Top-five finalist Caleb Kennedy was therefore treated as a white supremacist racist even though the show almost certainly knows he isn’t. Or perhaps the show didn’t do any investigation, and just took this drastic action because it didn’t want to be attacked by activists and Black Lives Matter, and it was easier to sacrifice an innocnt kid. Kennedy’s mother, Anita Guy, gave a statement to MSN claiming that the video was taken when Kennedy was 12 and inspired by the horror movie “The Strangers: Prey at Night” “They were imitating those characters. It had nothing to do with the Ku Klux Klan,” she said.

Let’s see: the movie is a 2018 film, so the timeline is right. I guess a 12-year old imitating the guy in the middle might resort to a Klan-style hood:

Strangers

If the mother was making that up, she really did some impressive research.

Caleb, 16, posted a statement about his departure on Instagram:

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Comment Of The Day: “Post-Zoom Hangover Ethics, 3-31-21….” (Item #3: Sliming Gina Carano)

Humble Talent provides a perceptive take on the Disney-Gina Carano debacle, just another small piece in the rapidly developing mosaic of of corporate alliance with the purveyors of aspiring woke mind and speech control. I first wrote about the episode here. My suspicion is that the Arrogant Left is wildly overplaying its hand (as it did against Donald Trump: the pandemic rescued them, but they think it’s because they were brilliant, as undeservedly lucky people always do.)

Here is HT’s Comment of the Day on item #3 in the post, “Post-Zoom Hangover Ethics, 3-31-21…”,in response to a comment by E2. Normally I would have a bit of the comment up before the jump, but now WordPress’s inexcusably clumsy “block” system won’t let me do that, at least not easily. Don’t let that stop you: it’s a great comment.

E2 wrote ,“Gina Carano appears to be among the 1/100th of 1% of Americans who know some history. Nazism, World War II, the Holocaust shaped our world — and still is — and to call out totalitarianism of any kind is worthy of praise, not ridicule by a bunch of IQ-80 leftists.”

Kind of. Carano actually retweeted someone who said that, she didn’t write the words herself. She’s given interviews after this whole debacle happened, and what I get from them is that she was actually kind of politically naïve, and provides a case study in how the left pushes people away.

The first landmine she stepped on was following a bunch of Twitter people getting very upset that she didn’t have pronouns in her bio. I want to point out that this is yet another example of mandate creep; these things always start out with “why are you making fun of the things I’m doing, they don’t effect you” and end with “if you don’t also do this thing I’m doing, you’re a bigot.” Carano did what I probably would have, from the safety of my relative online anonymity: She added “beep/bop/boop” as pronouns as a middle finger to them, as opposed to a “fuck you” to internet busybodies, so it was determined that she was mocking pronouns in bios! So she was officially branded a transphobe.

It went downhill from there, Disney’s corporate HR/PR engine took over; they wanted to subject her to struggle sessions, they went back and forth over what her apology was going to look like, and it was all very Orwellian. It would have been interesting instead if Disney had taken a moment to step back and understand that they were dealing with a person. But they didn’t. There were people angry on Twitter, and even though Disney’s main demographic isn’t on Twitter, and even though they were joyfully touching penises with Chinese dictators, and even though Gwyneth Paltrow (Pepper Potts) has literally killed people with Goop, they decided THIS was where they were going to make a stand and signal their virtue with the force of 1000 stars!

Take a step back and consider: You’re under siege. You made a joke on Twitter, and all of a sudden your career is on the rails, people are constantly misinterpreting what you’re saying when they aren’t outright lying about you, do you think that builds a good impression of those people? Course not. So she started getting support from the right, because the right is actually pretty good at welcoming people the left seem to hate, and she started to post (Dun dun DUUUUUUUN!!!) right-leaning memes. Well! Now she’s an alt-right insurrectionist transphobe. Anti-Semitic too!

One of the memes was about the holocaust (The one mentioned above). So again, Disney, great and mighty arbiter of morality, who airbrushed John Boyega out of movie posters for China because they thought that Chinese audiences were too racist to watch a movie with a black lead, decided THAT was the last straw: a holocaust meme! How dare she! Not taking into account that Pedro Pascal had just posted his own meme comparing Trump’s Kids in Cages™ to Nazi death camps, Disney, in their fair minded and ultimate wisdom, fired Carano, cancelled her planned spinoff, took her action figure off toy store shelves, and then brushed their hands together and called it a job done.

And now…. Gina Carano is working with The Daily Wire’s new entertainment division. We’ll see how that pans out. Like I said: Case study in how the left pushes people away. The leftist political meat grinder took someone who wasn’t politically active, and put her on the Daily Wire.

 

If A Saturday Ethics Warm-Up Posts And Nobody Reads It….3/27/2021

Tree falls

Ah, Saturday! When about 12 people seem to be interested in ethics….when traffic falls off to a trickle here after noon…when it’s even more discouraging posting now than before the post 2020 election crash…when I get to read websites with hordes of visitors post about issues I posted on here days ago….when writing the blog seems even more futile and pointless that it usually does.

1 Here’s some good news…at least one Hollywood star knows her limitations. Aging sex-symbol and “Avengers” star Scarlett Johansson is apparently secure enough, brave enough or dumb enough to tell her colleagues, as they need to be told, “Shut up and act.” She said in interview with “The Gentlewoman,” a British magazine,

“I don’t think actors have obligations to have a public role in society Some people want to, but the idea that you’re obligated to because you’re in the public eye is unfair. You didn’t choose to be a politician, you’re an actor. Your job is to reflect our experience to ourselves; your job is to be a mirror for an audience, to be able to have an empathetic experience through art. That is what your job is. Whatever my political views are, all that stuff, I feel most successful when people can sit in a theater or at home and disappear into a story or a performance and see pieces of themselves, or are able to connect with themselves through this experience of watching this performance or story or interaction between actors or whatever it is. And they’re affected by it and they’re thinking about it, and they feel something. You know? They have an emotional reaction to it – good, bad, uncomfortable, validating, whatever.That’s my job. The other stuff is not my job.”

Thank-you. What she neglected to say was that shooting off their generally under-informed mouths about political matters actively undermines their jobs, thanks to the power of cognitive dissonance. For example, I literally cannot stand watching any film with Alec Baldwin or Robert De Niro in it at at this point. Their characterizations, no matter how well performed, are drowned out by their obnoxious public declarations.

2. As the Star-Tribune attempts to intimidate the Chauvin trial jurors.…the home town paper for the trial published this detailed set of profiles of the jurors, leaving all the cues necessary to doxx them. This just creates one more obstacle to a fair trial. The judge was asleep at the switch in handing out gag orders: with at least one potential juror dismissed because she was afraid of community reaction to a “not guilty” verdict, it was reversible error to allows this much information about the jury to get to the news media, which we know is both rooting for a guilty verdict and doing all it can think of to facilitate one.

The most recent Associated Press report on the case, like most mainstream media stories relating to Floyd, never mentions Floyd’s drugged-out condition, nor his Wuhan virus infection. He was killed by the knee of a racist white cop, and the only question in the trial is whether that racist cop will get the conviction he deserves. This is how most Americans understand the case.

Does the news media want riots?

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Introducing The Ethics Alarms “Weenie Of The Week”! The First Recipient: Jay Leno

edible dogs

“The Weenie of the Week” will recognize those who enable censors, political correctness mobs, totalitarians, cancel culture terrorists and the rising fascist tide in America by prostrating themselves and groveling for forgiveness when in truth they have done nothing wrong.

Although the term “weenie” is light-hearted in its terminology, the conduct earning the title is serious and despicable. These are not only pathetic cowards, though they are certainly that. They are the modern, domestic versions of “good Germans,” who, for their own self-interests and nothing more, are willing to reject our nation’s core rights and liberties, weaken them, and indeed join the increasingly ominous effort to suffocate free expression, dissent, creativity and humor.

Comedian and former “Tonight Show” host Jay Leno begins what I fear will be a long line.

Yesterday he issued an apology for making jokes in the past about Koreans eating dog meat after a 15-year campaign by the activist group Media Action Network for Asian Americans (MANAA).

“At the time I did those jokes, I genuinely thought them to be harmless,” Leno said in a joint press release with MANAA leader Guy Aoki: “I was making fun of our enemy North Korea, and like most jokes, there was a ring of truth to them.”

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Introducing The “Technologically Inept Adjunct Professor With Politically Incorrect Opinions Principle”

Adjunct

This Georgetown Law Center adjunct professor is going to be fired, shunned, cancelled and otherwise ruined professionally and personally, and she has no excuses whatsoever.

The Ethics Alarms “Naked Teacher Principle” holds that ” a secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.” This does not mean that such a teacher necessarily should be dismissed, but that the teacher has no basis for claiming to be a victim. The conduct was foolish and irresponsible, and the repercussions predictable.

The newly minted “Technologically Inept Adjunct Professor With Politically Incorrect Opinions Principle” is based on similar calculations. As certain anti-woke statements and positions are getting people fired or canceled daily, with any diversion from the current racial spoils and “diversity” narrative being tarred as “racist,” for a professor at a law school, especially one as tainted by Leftist bias as Georgetown, to express such views over any form of electronic communications is almost grounds for involuntary commitment. Careless and reckless people shouldn’t teach law students. It doesn’t matter whether the statement involved expressed a valid and defensible observation: if it involves a tenet of woke cant and isn’t supportive, then the statement is an invitation to be cancelled. First Amendment? Doesn’t matter. Academic freedom? Irrelevant. Fairness? The Golden Rule? “There but for the grace of God…”? Risible.The third rail is known and recognizable, and you deliberately jumped on it assuming it wasn’t live?

Don’t come whining to me.

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Cancelled For A Single Word

And spoken outside his home, to friends.

Country music superstar Morgan Wallen was suspended indefinitely by his record label and removed from hundreds of radio stations across the country yesterday. The reason? He was captured on camera saying “nigger.” TMZ posted a video this week showing Wallen loudly returning home with friends. A neighbor started recording the scene and the video included Wallen using the word. If you can tell the context of his words, please explain it to me. Was “nigger” meant as an insult, or was it used playfully? Was the target white or black? There is no evidence that he “hurled” the word, because that suggest that it was hurled at someone.

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Morning Ethics Warm-Up, 2/3/21: Cold Day Reflections [Corrected]

Shining Frozen

1. Wait, what? Ann Althouse revealed this week that she doesn’t read all of the paragraphs in articles she blogs about. She was caught doing this is a post I didn’t read, since it involved her weird concern about the sounds ice makes in a glass. The law professor had asked a question that was answered in the article, but Ann didn’t read that far.

I have found that blogging inherently requires doing opinion and analysis with less than all the facts, or, in the alternative, writing only an article a day. The Ethics Scoreboard, now online, was an ethics website, not a blog, and I spent easily three times the research and consideration on each post that I do now on Ethics Alarms. I also had a webmaster who caught most typos. I eventually decided to switch to blog, because I couldn’t come close to covering the field in only a post a day (if even that), and because I wanted to have an ethics forum with participation from commenters. I sympathize with Ann: blogging is time consuming even if you write as quickly as I do. Then you have the proofing, tagging and administrative stuff. I can see why she would get in the habit of skimming articles.

But it’s still reckless, and guarantees mistakes and an erosion of trust. To her credit, she admitted that she does this in her post, but didn’t seem to say that she was about to change.

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Ethics Cleansing, 1/27/2021: I’m Afraid This Edition Exceeds The Limit For Disturbing Stories…

Horrible text message

As a prelude, I don’t know why some commenters are arguing that the 1876 William Belknap impeachment trial is a valid precedent for trying a private citizen no longer in office on a charge that has no other purpose but to remove that individual from his or her federal office. It’s just a bad argument, which is why Belknap has only been raised by desperate anti-Trump zealots. As I pointed out in the comments, an unconstitutional act doesn’t change the Constitution. There have been many, many unconstitutional actions by our government that were allowed to occur in the past (President Jackson’s defiance of the U.S. Supreme Court to forec the Trail of Tears is an especially egregious one.\); they still can’t be cited as proof that the actions were Constitutional, or precedent for violating the Constitution again. Balknap, who had resigned as Grant’s Secretary of War just as he was about to be impeached by the House, submitted to the Senate’s unconstitutional trial. I have always assumed this was because he was certain that he would be acquitted, so he could later claim innocence. (He was incredibly guilty.) Since he was acquitted, there was no occasion to challenge the trial, the issue being moot.

The entire system was in chaos in 1876; if the Belknap trial is binding precedent that a private citizen can be tried by the Senate to remove him from office when he isn’t in that office, why not make the same claim about the unconstitutional deal between Republicans and Democrats to install the loser of the 1876 Presidential election (Hayes) in the White House in exchange for removing federal troops from the former Confederate states?

1. An example of ethical trolling, I think:

Ironic Tweet

Miller is getting all sorts of outraged responses from critics online who seem to have missed the critical fact that he was just quoting Maxine Waters’ call for harassment of Trump administration officials. Normally I regard deliberate posting of positions one doesn’t believe as unethical unless the poster makes the sarcasm or irony obvious. This one is obvious, unless the reader wasn’t paying attention to how irresponsible and vicious Democrats were in the past four years, and if the such a reader was that ignorant, he shouldn’t be involved in the discussion at all.

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Once Again, Hall Of Fame Ethics (Or The Lack Of Them)

Schilling

The MLB Hall of Fame vote, at least since the Steroid Era, gives us a window into the ethics of baseball writers, and the view is pretty grim. Baseball Writers’ Association of America ballots, many of which are made public before the election results are revealed, annually show dead ethics alarms and an absence of critical thinking, but as someone who has been reading these guys (they are almost all guys) since I was 12, this is no surprise. The smart and thoughtful ones like Joe Posnanski, Roger Angell, Bill James and Peter Gammons, are exceptions. I wouldn’t trust most of the rest to take out the trash.

A player who has been retired for at least five years has to be on 75% of the writers’ ballots (ten players can be listed on a ballot) needed to be “enshrined,” as they like to say in the Cooperstown museum, and a player has ten tries to make it. This year, nobody was selected.

The result was a slap in the face to former Orioles, Philadelphia, Arizona and Red Sox starting pitcher Curt Schilling, and was intended to be. He just missed the 75% level last year, and usually that means that a player gets in the Hall the next time, especially in a year like this one, where there were no major additions to the candidates. Schilling, by prior standards, by statistical analysis, and by the simple reality that he was famous while playing and had a single iconic moment that will keep him in baseball lore forever—the “bloody sock” game, should be an easy call. Yet ESPN and other sources refer to him as “controversial.” Why is he controversial? He’s controversial because he is religious, conservative, Republican, and an outspoken Trump supporter, none of which has a thing to do with baseball. Schilling also, to his credit, refuses to submit to his critics and the social media mobs. He is independent and comfortable with who he is, he is articulate in expressing his opinions (at least by typical athlete standards), and can and will defend his points of view. He shouldn’t have to, however, to be admitted to the Hall of Fame.

His sportsmanship and professional comportment while playing was never less than impeccable. Curt Schilling has a deep respect for the game (one opinion that has been held against him is his insistence that steroid users are cheaters), and he has done nothing since leaving baseball that was sufficiently vile to harm it in any way. To the contrary, he and his wife (now battling cancer) have been active in charity work and community projects. That satisfies the Hall’s so-called “character clause.”

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