Spurious And Vindictive Litigation Ethics: An Update On The Ethics Alarms Defamation Lawsuit

As I predicted yesterday, upon being informed that the plaintiff’s motion to reconsider the rejection of his appeal of the trail court’s rejection of his defamation suit had also been rejected, the now-banned Ethics Alarms commenter filed a petition for “futhur Appellate review” with the Massachusetts Supreme Judicial Court.

The argument presented is an extension of his appellate brief, which erroneously relied on Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), a Supreme Court case that is not germane to this one. The plaintiff isn’t a lawyer, though he is inexplicably confident of his legal analysis skills, which is unfortunate for both of us, as well as the poor judges and clerks in Massachusetts who have to waste their time and the State’s money dealing with these flawed motions and appeals.

The reason there was no defamation and could be no defamation is that my opinions of the plaintiff and his motives, harshly expressed as they may have been, were based entirely on what he had written on the blog and an email to me that I quoted, as well as the plaintiff’s own blog, to which I included a link. The core of defamation, be it libel or slander, is alluding falsely to or asserting some undisclosed event or conduct that a reader or a listener has no way of knowing whether it is in fact true or not. That was indeed the situation in Millkovitch, where  a newspaper columnist’s account of a brawl at a high school wrestling match reported that one of the teams’ wrestling coach, Millkovitch, had incited the riot and lied about it. Continue reading

Morning Ethics Warm-Up, 11/13/2019: Protests, Insults, Complaints And Threats

Started this at 3:15 am.

To be honest, I’m going back to bed as soon I  post it…

1. Today’s sample of Trump Derangement: Someone calling himself “Morgan Kilgore” (not hi s real name, however) just submitted a comment in all caps, to this post from May. It reads: TRUMP IS A CROOK AND ROBINSON SAID IT VERY PLAIN SIMPLE, UNLKE THE MUELLER REPORT..YOU TRUMP SUPPORTERS ARE A BUNCH OF FOOLS,LEAD BY A FOOL AND CONMAN.IF TRUMP TOOK A DUMP ON YOUR TURKEY DINNER,YOU WOULD STILL MAKE AN EXCUSE FOR HIM AND IT’S
SAD PEOPLE,VERY SAD. HEY MAYBE YOUR CHILDREN WILL GROWN UP AND HAVE TRUMP. VALUES.

The comment makes no substantive arguments and does not attempt to rebut the post, which is pretty air tight, frankly. I get a lot of these. (“Morgan” will not be joining our discussions.) The comment is also pretty typical of what the average Trump-obsessed Facebook user posts or “likes” on a daily basis.

2.  Freedom of speech watch: Jonathan Turley, who deserves praise for relentlessly flagging and criticizing the alarming increase in anti-speech advocacy from the Left, notes,

“The doublespeak used to justify the denial of free speech is particularly chilling. The students [at Stanford] insisted that allowing people to hear [ conservative pundit Ben Shapiro]  put them at risk: “WE are tired of Stanford Administration’s complicity in putting Black, Brown, Trans, Queer, and Muslim students at risk by allowing SCR to bring Ben Shapiro to campus”…The students declared their commitment not “to allow Shapiro’s talk to go uninterrupted.” In other words, we will not allow other students and faculty listen and have a discourse with Shapiro. What is striking is how these students believe that denying free speech is a noble act — a view fueled by many faculty members who treat speech as violence or a tool of oppression. That makes being a censor sound like being a civil libertarian. You simply declare, as did the Stanford students, that this is a “harmful event” with “harmful people.” Done.

Continue reading

Sunday Ethics Cooler, 7/21/2019, Because The Last Thing We Need Is A Warm-Up: “Oh, Just Bitching About Stuff” Edition

Hot enough for ya?

1.  THIS should drive my Facebook friends crazy...The latest SurveyMonkey/NBC poll out at the end of last week gives President Trump’s approval rating  at 48%. He reached 49% in a daily YouGov.com poll this month. In short, the concerted effort by Democrats and the news media to tar him as racist (again) as a result of his dumber-than dumb tweet conflating all four Democratic socialist freshmen with Somali immigrant Omar and evoking his alleged “shithole” comments about third-world countries failed (again.)

Yet a) nobody should trust polls, b) “approval/disapproval has a weak correlation at best with voting, and c) there’s a long way to go before November 2020. Still, I am tempted to post the story on Facebook just to evoke the howls of anger and protest I know it will trigger. After all, I have to keep reading, day after day, week after week,  the obsessive posting of the most ridiculous anti-Trump links imaginable. For example, who cares that some Holocaust survivor says that the U.S. today reminds him of “1930s Berlin”? That’s an idiotic, ahistorical, unsupportable opinion whether the opiner is a Holocaust survivor, Hillary Clinton or a man in a rubber room. The statement is no more respectable or worth posting than if he said the U.S. today reminds him of “Avatar,” the Gobi Desert or “Mr. Toad’s Wild Ride.”

It’s unethical to post things just to drive people crazy, though. So I won’t.

But I’d like to.

But I won’t.

2. Want to see a clinical example of the kind of people who can’t handle Ethics Alarms? Meet Taffy. I allowed Taffy Marchand’s comment on the Dad-drinking-daughter’s-breast- milk post, and now have had to ban or spam several insulting and/or idiotic comments that followed. Here’s what she wrote:

I am a nurse in a neonatal intensive care unit. We deal with breast milk all day long. I was taken aback by your consideration that this is, in any way, incestuous. I think that may have more to do with they fact that breastmilk comes from breasts. Which, perhaps you have sexualized to an extreme. If the father was nursing from his daughter that would be in question. She is merely pumping milk and leaving it in a container for him. We drink milk pumped from other species, so why are we so freaked out about human expressed breast milk? Is it going to cure his cancer? It’s very doubtful but there is clear evidence that breastmilk has a plethora of health benefits. I explain this over and over again to families that mom’s breast milk is the ideal nutrition for her infant, followed by donor breast milk because it is species specific, followed by formula, which is essentially expressed breast milk from another species. Also, I have all the empathy for a family struggling with a cancer diagnosis. I think it lacks compassion and consideration of their circumstance to consider an incestuous label. It certainly won’t cause any harm for him to consume breast milk.

  • The post didn’t say that it was incestuous. The quote: “What do we properly call a father consuming his daughter’s breast milk? Is that too close to incest for comfort? Does it matter if it’s close, as long as it isn’t quite?” As is much on the blog, and as the title suggested, the point was to think about ethical distinctions. “Close” to unethical conduct isn’t unethical, is it? Or is it?
  • Breasts are considered sexual equipment and sexually provocative in this culture, and indeed most cultures. Accusing me of “sexualizing them to an extreme” is a cheap shot, and unethical debate tactics.
  • “We drink milk pumped from other species, so why are we so freaked out about human expressed breast milk?” Well, heck, Taffy, why not just use mom and any teenage daughters in the house as cow substitutes, and save dairy expenses?
  • “It’s very doubtful but there is clear evidence that…” Signature significance for someone who isn’t thinking before they type. I’m not going to take insults from someone capable of writing that…
  • Empathy is irrelevant to the issue raised by the post. It is also the Universal Get Out Of Ethics Problems Free card.
  • “I think it lacks compassion and consideration of their circumstance to consider an incestuous label.” No, Taffy, it is never wrong to consider anything. NOT considering uncomfortable possibilities is the path to ignorance and ideological cant. Of course, when your mind is made up and you regard anyone suggesting a different perspective as a pervert, I can see how might miss this.

3. Well, there’s one more museum I can’t trust. The National Museum of African-American History and Culture by the Mall in D.C.  will be showing and old documentary on Angela Davis titled, “Free Angela Davis and All Political Prisoners.” After the screening Davis will be interviews and answer questions. From Smithsonian’s press release press release:

“We all recognize that Prof. Davis is a figure for the ages, as fascinating to us now as she was at the height of her incarceration and trial” (in 1972)…[hers ]“is a quintessential American story of activism,” and that “because of her activism in support of social justice, she was criminalized and named on the FBI’s 10 most wanted list.”

Why, of all places, is the Smithsonian engaging in fake history? From The Bulwark (and many other sources that corroborates this):

[Angela Davis] was tried for purchasing guns for a courtroom raid carried out by her lover George Jackson’s brother, Jonathan, whose use of these guns in a shootout (while attempting to flee) killed one of the four people he had taken hostage, a man named Judge Harold Haley. The purchase of these guns was easily traced to Davis who, rather than surrendering, fled to avoid being captured. She was eventually found at a motel on 8th Avenue in New York City, where she was taken into custody, having been charged by superior court judge Peter Smith with “aggravated kidnapping and first-degree murder.”

Rather than working for civil rights in the manner of Martin Luther King Jr., James Farmer, or A. Philip Randolph, Davis was a leader of the American Communist Party, and a member of the violent and armed Marxist group, the Black Panther Party. After her arrest, the international Communist movement declared her a martyr and Moscow orchestrated an international group of gullible Europeans who proclaimed her innocence and demanded her freedom. In Communist East Germany, school children were told to write postcards to her expressing their support and solidarity.

At her trial, the jury surprisingly found her innocent even though 20 witnesses had testified against her. Careful investigation later revealed how compromised the jury was. One of the jurors, Mary Timothy, would go on to have an affair with Communist Party member (and head of the official Committee to Free Angela) Bettina Aptheker. Immediately after Davis was acquitted, another jury member faced the reporters and TV networks and gave them the clenched-fist salute regularly used by revolutionaries. That juror, Ralph Delange, explained “I did it because I wanted to show I felt an identity with the oppressed people in the crowd . . . and to express my sympathy with their struggle.”

Great…just what we need: Communist indoctrination at the Smithsonian.


On Basic Blog Participation Ethics [Updated]

I just had to spam 14 comments, come of them quite extensive, a couple gratuitously insulting, by a former privileged participant here who has been banned from commenting following the procedures described quite clearly under the Comments policies above. That all of these illegal comments arrived exactly during the time when I was unable to visit or moderate Ethics Alarms because of a speaking engagement was either a remarkable coincidence or bad luck. The Mexican army attacked while the Alamo [no, not “Amazon,” as I wrote the first time.] defenders were asleep, too. It’s a crummy thing to do, and, of course, unethical. Continue reading

CALLOO! CALLAY!

I’m chortling in my joy because I FINALLY figured out how to navigate the Massachusetts efiling system sufficiently to get my reply appellee’s brief in just before the March 1 deadline. What is known at ProEthics as “The Stupid Lawsuit” has eaten up enough billable hours for me to buy a Lexus if anyone was paying me for it. Having this thing off my back is like having a 75 pound wart removed, not that I don’t expect a new assault eventually

This is, as loyal followers here know, the continuation of the frivolous defamation suit filed against me by a mad commenter who had his little boo-boo bruised by the rough and tumble here. I referred to him in metaphorical terms that weren’t very nice, but they weren’t defamatory either, and now that I have experienced the full vindictiveness of this guy, I realize that my terms were unnecessarily restrained. My return brief, however, was a model of respect and decorum, and also only 12 pages, five of which are mandatory boilerplate. His was seventy incoherent pages or something: I confess to not reading more than a few of them, using the rest to make little origami frogs. The gist was the judge who dismissed the suit in August was an unqualified fool whom I had hypnotized or otherwise turned into my lackey, and I…well, heck, let me get the thing out of my files and not recite it from memory…am a “craven, venal LIAR” who had displayed “toxic mendacity”, though “Orwellian psychosis may possibly overstate the case.” Continue reading

From The Ethics Alarms Frivolous And Vexatious Litigation Files: The Ethics Alarms Libel Case

Once again, the appellate brief for the appeal in Massachusetts courts involving the defamation lawsuit against me and ethics alarms has been rejected by the courts as non-compliant. This is actually somewhat annoying, as I had almost finished the brief brief in response (in market contrast to the 70-plus page monstrosity that was served on me. It took several hours to read the thing, several days to recuperate from the barn fervor, that is, bran flavor…no, brain fever! That’s it!

having to decipher the damn thing inflicted on me, and several more hours to almost finish my professional, clear document designed to give the poor clerk and judges that would have to read the appellate brief a break. That stalled, because while I am entitled to have the Appendix to the appellant’s brief to refer to, it was too big a file for the court to send to me, so they were making a special file.

So now I’m confused about 1) whether the deadline for my response is reset, 2) whether I’m going to have to start my response all over again, and most of all, 3), how many times a pro se litigant with no clue what he’s doing whose only motivation is revenge and to cause as much expense and inconvenience as possible because I banned him from Ethics Alarms after I figured out that he was, well, the kind of person who would behave like this?

It is a great virtue of our nation and its legal system that it allows amateurs—I was going to write well-meaning and sincere amateurs, but that obviously doesn’t apply here—to stumble around in the courts. After all, lawyers are expensive, even more expensive than psychiatrists. Nevertheless, there has to be a limit, don’t you think? People like my adversary cost the system, and taxpayers, millions of dollars as they play around being lawyer because they are bored, ” a few cherries short of a sundae,” to quote the comment that started this fiasco, without gainful employment, or all three.

Or does my home state assume that eventually pro se litigants will be so embarrassed by the constant rejection that they will give up? Boy, I hope not, because this guy is impossible to embarrass .

Well, I guess I have to call the Clerk of the Court again. We’re getting to be great pals.