Rating Judge Kozinski’s Lies

The Ninth Circuit declined the opportunity to reconsider its controversial (and wrong) decision earlier this year that declared the Stolen Valor Act unconstitutional.  That means that according to the Ninth Circuit, pretending to have won a Purple Heart or a Silver Star is protected speech, and Congress’s law making it a felony to wear such a medal when you haven’t done anything to deserve it is an infringement of free speech. I discussed this issue here.

This post, however, is about some interesting dicta in this week’s decision, courtesy of the Ninth Circuit’s most colorful jurist, Judge Alex Kozinski. The Judge has flip-flopped on this question now twice—he was against the Act, then for it, then against it again.  But this time around, he graced us with some provocative thoughts about why lying isn’t always wrong.  He wrote: Continue reading

The Bi-Partisan and Unethical Niggerizing of Political Discourse

Marl Levin, virtuoso niggerizer

The ethics problem with the use of “nigger,” or “bitch,” or “fag,” or any of the other culturally disapproved denigrating labels for human beings belonging to particular groups, is not that they are insulting—adults should be able to  handle mere insults—but that they unfairly diminish the status of individuals, their character, opinions and deeds before they have had the opportunity to be judged on their merits. It isn’t the words, but the effect, in essence sticking a foot out to trip a runner at the beginning of the race—and the race may be a job, an election, a debate, an argument, or policy deliberations.

The No-Labels movement focuses on characterizations and civility, but these are far too vague as concepts to enforce culturally, and subject to easy manipulation for political ends. John Avlon, a leader of No-Labels, still calls politicians he disagrees with “wingnuts.” Why? Because, well, they are wingnuts! Just ask John. Niggerizing, however, goes well beyond labels, and fair people should reject it from either side of the political spectrum. It is a bully tactic, and it is a dishonest debating technique, completely delegitimizing an adversary before addressing his arguments, or giving them an objective hearing. Continue reading

Most Unethical Bobblehead EVER

The vile bobblehead

In Game two of the 1991 World Series between the Minnesota Twins and the Altanta Braves, Brave outfielder Ron Gant singled and rounded the bag, drawing a throw to first base. He appeared to beat the throw to the bag, but the Twins’ jumbo first baseman, Kent Hrbek,  wrapped his arm around Gant’s leg and lifted him off the base as he applied the tag. First base umpire Drew Coble managed to completely miss Hrbek’s illegal tactic, and called Gant out to end the inning. The Twins went on to win that game by one run, and in one of the closest Series of all time, also won the World Championship, 4 games to 3.

Hrbek’s muscling of Gant off of first base has been widely regarded as one of the most egregious examples of cheating by a player in baseball’s 130 year history. So, to commemorate the 20th anniversary of the Minnesota World Series triumph, the Twins will hold a special “1991 World Series Champs Reunion Weekend” promotion featuring members of the 1991 team at the August 5 game, and the first 10,000 fans through the gates will receive a free Kent Hrbek/Ron Gant bobblehead, depicting the infamous play. Continue reading

Lindsay’s Sad Lie

Lindsay Lohan, when the future was bright

I’m still rooting for Lindsay Lohan to turn things around, so I didn’t want to make too big a deal over her recent tweet in connection with the 24-year-old’s latest drama, a felony charge for walking out of a jewelry store wearing an unpurchased necklace priced at $2,500. Being still on probation as she is, the downward-spiraling former child star is facing the possibility of serious prison time. The tweet said, in part,

“…I was not raised to lie, cheat or steal…!”

This is either self-delusion on an epic scale or one of the most brazen lies since Lindsay told police, when they found cocaine in the pocket of her jeans, that she wasn’t wearing her own pants…or perhaps since she told a judge that she couldn’t make her court appearance on a drunk driving charge, after flying off to the Cannes Film Festival shortly before she was due in court, because “her passport was stolen.” Continue reading

If Teachers Cheat, What Will Students To Do?

In Worcester, Mass, test scores at the Goddard School of Science and Technology have been tossed out because  school staff “reviewed student work on the assessment, coached students to add to their responses, scribed answers or portions of answers that were not worded by students, and provided scrap paper for students to use during tests,” according to the state commissioner of Elementary and Secondary Education.

School Superintendent Melissa Dillon wanted to make sure these findings weren’t misunderstood, and wanted to make certain nobody got the idea that her teachers were cheating. “The state did not use the term cheating, so I’m not using the term cheating,” she said. School Committee members agreed. “Calling it cheating I think is a little harsh,” committee member Jack L. Foley said.  He described the problem as “probably too much coaching.” Continue reading

Time to Enforce the Hatch Act on Karl Rove

The Hatch Act is a 1939 law that prohibits the use of federal money to support political causes. It’s an important law that many presidential administrations have nicked, dinged and outright violated,  without enforcement or consequences. But a thorough report by an independent federal agency shows that the Bush White House routinely violated the Act by creating a “political boiler room” that coordinated Republican campaign activities nationwide.

The report by the Office of Special Counsel finds that the Bush administration’s Office of Political Affairs, overseen by Karl Rove, served  as a virtual extension of the Republican National Committee, developing a “target list” of Congressional races, organizing dozens of briefings for political appointees to press them to work for party candidates, and sending cabinet officials out to help these campaigns. This included helping coordinate fund-raising by Republican candidates and persuading Bush  political appointees to help with Republican voter-turnout efforts.The report was based on over 100,000 pages of documents and interviews with eighty Bush administration officials in a three year investigation. Continue reading

Ethics Dunce: Colorado Secretary of State Scott Gesslar

Less than a week after taking office, attorney Scott Gessler, Colorado’s newly elected  Secretary of State, announced that he plans to keep working part-time as an attorney for his law firm, the Hackstaff Law Group. In an interview with the Denver Business Journal, Gessler acknowledged that his plan to moonlight as a contract attorney raised ethical issues, but he needed the money.

Well that’s certainly an encouraging ethics orientation! Continue reading

The Ethical Failings of Higher Education

In a perceptive essay for the Chronicle of Higher Education entitled “Slip-Sliding Away, Down the Ethical Slope”, Robert J. Sternberg suggests that the educational system is contributing to society’s increasing ethical weaknesses by adopting misplaced priorities. He writes:

“Schools need to teach students the steps involved in ethical behavior and the challenges of executing them. And they need to do so with real-life case studies relevant to the students’ lives. The steps toward ethical behavior are not ones that students can internalize by memorization, but only through active experiential learning with personally relevant examples. Continue reading

Hall of Fame Ethics: The Jeff Bagwell Dilemma

Members of the Baseball Writers Association of America have been turning in their ballots for the Hall of Fame, their collective totals eventually determining which retired major league baseball stars will have plaques in Cooperstown. If you follow baseball closely, you are aware of the big debates this year: Is Tim Raines worthy? Will Bert Blyleven finally make it? Has Alan Trammel been unfairly neglected? What about Jack Morris and Roberto Alomar? If you don’t follow baseball, you couldn’t care less, and I pity you. One controversy this year, however, should be of interest to non-fans as well as fans, because it involves the proper application of the ethical principles of fairness and equity in an environment of doubt. It is the Jeff Bagwell dilemma. Continue reading

Ethics Quote of the Week: Dolphins linebacker Karlos Dansby

“He’s just taking after the head coach, man. It all trickles downhill. That’s how I look at it, it trickles downhill. The head coach, he opened a can of worms over there and now he’s got to fix it.”

Dolphins linebacker Karlos Dansby, commenting on the outrageous conduct of  New York Jets trainer Sal Alosi ,who intentionally tripped a Miami Dolphins player on the sideline during a game Sunday. Alosi was suspended without pay for the rest of the season, including the playoffs, and fined an additional $25,000.

Dansby is exactly right. Continue reading