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.

Morning Ethics Warm-Up, 10/4/18: On Baseball, Mocking Ford, Apologies, and “Tax Schemes”

Good Morning!

[BOY its been hard keeping up on ethics blogging between air travel, a balky laptop, seminars, the new firm and, most of all, ushering the Red Sox to a World Championship. Yesterday was classic: I had multiple posts composed in my head, and literally was never able to find time to work on them. I’m sorry. I’ll figure it out…]

1 Baseball ethics: The exciting Cubs-Rockies Wild Card elimination game was set up by the Colorado 12-0 win over the Washington Nationals on the final day of the season. Thus the Rockies ended the season in a tie with the Dodgers on top of the NL West, requiring one of the two tie-breaking games on Monday. These were ratings bonanzas for baseball and the networks showing them, leading to conspiracy theories regarding that last Rockies victory.  Max Scherzer, arguably the best pitcher in the league, was supposed to start the game fr Washington, and if he had, its safe to say that the Rockies would not have won 12-0, if at all. Reportedly he wanted to start the game, but the Nationals decided late to start the immortal Eric Fedde. Were they trying to give the game to the Rockies? Did orders come down from MLB to tank?

The theory makes no sense, because the suits and networks are always rooting for the big media centers and their teams to make it to the World Series. The Dodgers, Red Sox, Yankees and Cubs mean big ratings, and the Rockies posed a threat to the Dodgers and ended up eliminating the Cubs. Nonetheless, a team like the Nats, out of the race, running out the string, should have the professional integrity to go all out to win when a game is important to its opponent.

2. I’m not going to demand an apology, but they still owe me an apology. The Hill is reporting that…

Congressional investigators have confirmed that a top FBI official met with Democratic Party lawyers to talk about allegations of Donald Trump-Russia collusion weeks before the 2016 election, and before the bureau secured a search warrant targeting Trump’s campaign.

Former FBI general counsel James Baker met during the 2016 season with at least one attorney from Perkins Coie, the Democratic National Committee’s private law firm.

That’s the firm used by the DNC and Hillary Clinton’s campaign to secretly pay research firm Fusion GPS and Christopher Steele, a former British intelligence operative, to compile a dossier of uncorroborated raw intelligence alleging Trump and Moscow were colluding to hijack the presidential election.

The dossier, though mostly unverified, was then used by the FBI as the main evidence seeking a Foreign Intelligence Surveillance Act (FISA) warrant targeting the Trump campaign in the final days of the campaign.

This is not exactly surprising, but it ticks me off for personal reasons. Several left-leaning commenters here who I respected and gave a lot of attention, abandoned Ethics Alarms in high dudgeon because I continued to question the growing evidence that the entire Russian collusion investigation was rigged, partisan, illegal, and an effort to bring down an elected President using a corrupt and politicized FBI and Justice Department. Here was one exit speech, and from a friend:

“But I can’t allow my own tiny voice to be associated with this nonsense any longer. Being the “left” voice is one thing; being way out on the fringe is quite another, and I don’t think it’s me that has moved. I see far too many shades in our times now of McCarthyism (not Gene), George Wallace-ism, and autocracy. I’m deeply concerned about the continued health and well-being of our democratic institutions. I suspect Rod Rosenstein will soon have no recourse but to resign, and I’m doing something similar. I don’t want to be party to this hysterical of a dialogue (in my humble opinion).”

Continue reading

Noonish Ethics Warm-Up. 9/27/18: “You’re The Bad Guys,” Cont.

Hi!

1. Unethical in its simplicity. An esteemed commenter insists, “Any witnesses who allege that Kavanaugh assaulted them should be allowed to testify.” This is either naive (incompetent) or intellectually dishonest. The Democratic Party’s stated objective is to delay a confirmation vote until after the Fall election, in the Hail Mary hope that the Senate will flip to them. There should be no question that the party, now thoroughly corrupted by a mindset holding that anything—lies, character assassination, perjury, misrepresentation, defiling of due process—is justified if it will protect abortion rights and its own power, would manipulate such a rule for political benefit, would recruit an endless series of politically motivated accusers if it could accomplish the objective of running out the clock.

The “any witnesses” flaw was amply demonstrated by yesterday’s fiasco. “New Kavanaugh allegations!” my late TV news screamed. By this morning, the entire story had fallen apart, and yet that ridiculous account (an anonymous woman claimed she was assaulted on a boat in Newport by a drunken “Brett” and friend, so an anonymous man beat them up) added to the designed false impression that multiple, verified, credible witnesses were confirming that Brett Kavanaugh is, as that same esteemed commenter has suggested, a serial sexual predator.

A witness whose claims are raised in a timely manner (that is before hearings begin allowing time for investigation and a response from the accused), whose account meets minimum standards of plausibility, whose accusation involves conduct relevant to a nominee’s fitness to serve, and whose story did not occur so long ago that verification or rebuttal is impossible, should be allowed to testify.

Those qualifications eliminate all of Kavanaugh’s accusers, as well as Anita Hill. Continue reading

Sunday Morning Ethics Warm-Up, 9/2/18: Talking Rabbits, Giant Ants, And California Progressives

Good Morning!

1. I may start banning commenters who keep saying this. A new, articulate and agenda-driven commenter, Ross Grazier, writes, “But your writing on this blog seems to be all about politics and much less about ethics.” I don’t want to drive Ross off, since the position of Ethics Alarms Knee-jerk Progressive Ratioanalizer And Denier of Mainstream Media Bias seems to be vacant at the moment, but I’m really, really sick of this common smear of my work (Ross’s comment also reminded me that I need to add the “s0 called ethicist” and “self-anointed ethicist” to the magic phrases that can get a commenter banned). Not for the first time, I decided to categorize every topic I wrote about here in the past week as political, non-political, or “mixed,” meaning that the article included substantive relevance to political figures or controversies but that the ethical issues involved were not solely political in scope or relevance. There were 42 distinct topics discussed (I did not include the Comments of the Day). Of these, 26 were non-political. Ten were “mixed.” Exactly six were  “about politics.”

I was surprised, frankly. I expected a bit more emphasis on politics.

I regard Ross’s accusation and others like it as an either an effort to undermine my credibility and the reputation of Ethics Alarms, or as an example of confirmation bias at work. Easily debunked claims that are asserted anyway in print are unethical.

2. Movie Ethics Potpourri! A. I finally saw “Peter Rabbit,” which was the subject of a (Non political, Ross!) post here. You may recall that Sony was pressured into grovelling an apology for a scene in which the animated rabbits shot blackberries into Mr. McGregor’s mouth using sling-shots, provoking an allergic reaction. Seeking its 15 minutes of cheap publicity and social media outrage mongering, Kenneth Mendez, president and chief executive of the Asthma and Allergy Foundation of America, said, “Making light of this condition hurts our members because it encourages the public not to take the risk of allergic reactions seriously, and this cavalier attitude may make them act in ways that could put an allergic person in danger.” Naturally, there was a Change.org petition demanding that the offending sequence be removed. Now that I’ve seen the film—which is pretty good, not quite “Babe” good, but well-done and fun—I can appreciate the full insanity of the complaints.  B. The British film “Calibre,” now playing on Netflix, is a “Deliverance” style ethics movie, in which two reasonable good guys go on a hunting trip in Scotland and are hurled by bad luck and panic into a series of ethical dilemmas, managing to make exactly the wrong decision at every turn. In the end, three people are dead, multiple crimes have been committed, and the lessons are murky. This is an excellent “what would you do?” film for group discussion, though the ultimate answer is “Don’t go hunting, in Scotland or anywhere else.” C. Finally, in the rarified category of giant ant movie ethics, there is “Them!” It is a justly admired 50’s Sci-Fi flick about an alien invasion of giant ants, featuring a surprisingly accomplished and diverse cast including pre-“Gunsmoke” Jim Arness, James Whitmore, ol’ Santa Clause himself, Edmund Gwenn, ubiquitous Western character actor Dub Taylor, and Sigourney Weaver’s wacky uncle, Doodles Weaver. I hadn’t seen it for a while, and forgot that it included one of the most blatant examples of Rationalization #58. The Universal Trump, or “Think of the children!” on film.

Scientists and the military have determined that the giant ants—We’re talking THIS big:

—have invaded California (from outer space, in ant-shaped space ships!), that they pose a threat to LA, the state, and entire country, and that there may be hundreds of thousands of them. California has declared martial law. A military commander announces that the best strategy is to gas underground passages where the ants are presumably gathering, and then kill the ones who escape to the surface. No, says Big Jim. It seems that there are two small children missing that were taken by the ants from their now thoroughly masticated and dead father. As long as there’s a chance they may still be alive,  Jim says, we can’t take the chance of harming them. The man is gob-smacked. “You mean you’d risk all of Los Angeles for two kids who are probably already dead?” he asks, in a fair framing of the issue. “Why don’t you ask their mother?” says Arness. “She’s right over there.”

Well all righty then! How can you argue with that? Continue reading

An Urgent Message From Your Host

I appreciate that there are strong personalities with strong opinions in the colloquy here, and I like it that way. I also appreciate those of you with an acid pen. I do not want to censor Ethics Alarms. Established participants here get great leeway with language, because they have credit in the bank, and have earned the privilege of an occasional lapse. I also realize that harsh language has its uses.

However, direct attacks, including threats, against other commenters isn’t acceptable. It makes my blog look ugly, for one thing, and discourages new readers. It also, obviously, undermines the mission.

I do not want to micro-moderate Ethics Alarms, and I believe that all of the regular participants here are worthy of the trust I place in them.

Don’t disappoint me.

Morning Ethics Warm-Up, 6/8/18: Breaking Radio Silence

Good Morning!

Adventures in Woburn, Mass.:

1. The Event. I guess I should have assumed that some commenting here would go on yesterday about the unpleasantness involving an ex-participant here, while that dispute was causing me to lose all of yesterday between travel and court. (I alomot tried to put up a post late last night, but was too fried.) I have little to say on the matter, which is still being considered, except that I did learn some surprising things, such as that

  • …the weakness of the concept of “lawyer-in-all-but-degree” tends to be exposed in court;
  • …being banned from an ethics website is an existential catastrophe, and actionable, according to “lawyers-in-all-but degree”;
  • …having a great poker face is an essential talent for a judge:
  • ….in  lawyer-in-all-but-degree schools, they apparently teach that the position that “judicial misconduct” and “judicial ethics” are essentially the same topic is ridiculous and libelous, and
  • ….playing the part of Van Johnson in “The Caine Mutiny” just isn’t as much fun in real life as it seems to be in the movie, if you get my drift. It’s kind of embarrassing and sad.

2. A airport encounter:  In the airport on the way to Boston and waiting for my flight in an early morning mob, I was anxiously wandering through the crowd when I heard a quiet male vice say, “Nice tie!” It was not obvious who had spoken, but I decided it had to be a young African American airport employee who was helping a traveler in a wheel chair. “Did you just say ‘nice tie’?” I asked him, though he was not looking at me. Then he lit up, said that he had, and got into a long conversation with me about ties. He is a tie aficionado. He has photos of his ties on his cell phone! He loves talking about ties! And thus I connected with a fellow human being in a chance encounter, when he took the step of breaking through the silence and mutual disinterest that increasingly marks the daily interactions of Americans, even neighbors. I also ensured that he would not feel like I was ignoring his existence when he had taken the risk of an unsolicited overture to interact. [Unlike the female jogger I write about here.] Contrary to some of the comments that I received then, I don’t think anything about the chance encounter yesterday should have been different if the participants had been different ages, races, ages, or stations in life. Continue reading

Afternoon Ethics Warm-up, 6/6/18: Special “Don’t Sue Me, These Are Just Opinions” Edition

Good afternoon.

1. For the record...Ethics Alarms passed 9 million views this week. That’s not a lot in a bit less than 9 years by the mega-blog standards, but their aren’t many ethics blogs that do better, and maybe none. Admittedly, this is a little like being the most popular fan site for Clint Howard…

2. Now this IS a frivolous lawsuit...tomorrow I finally go to Boston to argue my motion to dismiss the vexatious defamation lawsuit against me by an Ethics Alarms commenter whose feelings I hurt in the process of throwing him off the site. If a lawyer brought this suit, I would have a rare claim against him for breaching Rule 3.1, prohibiting frivolous suits. No lawyer, however, would bring such a suit. There has to be a good faith belief that you can prevail, or change the law, but there is literally no support in the law of defamation for calling insults (yup, I insulted him), opinions, and conclusions based on fully-revealed information and data libel. Non-lawyers, however, don’t have to obey legal ethics rules, and, as in this case, don’t know what they are anywhere. Maybe after I’m through with all of this, I’ll post the whole complaint. Among its claims is that I graduated from Hampshire College, and that the Massachusetts court has jurisdiction because I’m a fan of the Boston Red Sox. I also, it claims, defamed the plaintiff by erroneously referring to him as an academic. To deal with this spiteful action, I have already expended several thousand dollars. Yes, it goes with the territory. I know.

3. Imagine, impugning the professionalism and impunity of the FBI! A drunk and irresponsible FBI agent  shot a man at a Denver bar over the weekend when his gun flew out of his pocket, hit the floor and discharged as he was executing an acrobatic maneuver on the dance floor. This, you will not be surprised to learn, is not compliant with FBI policy. Agents are considered on duty at all times. They can carry their weapon at all times too, but cannot endanger the public while doing so. They are also not permitted to act like clowns in public, or be drunk as proverbial skunks. The agent is Chase Bishop, 29, who works out of Washington D.C. No word yet if he is part of the Mueller investigation.

Conservative wag Glenn Reynold would headline this story, “Top. Men.” Maybe he already has. And if you don’t get the reference, your cultural literacy needs a tune-up. Continue reading

Saturday Afternoon (Because I Was Up At 5 AM Writing About CNN’s Unethical “Town Hall”) Ethics Warm-Up, 2/24/18: Generic Packaging Scams, Goodbye Molly, Polls, And Welcome Student Commenters!

Good Afternoon!

1 The kids are all right! Ethics Alarms has recently been graced with comments by some intrepid and articulate high school students on the guns and schools issue. I salute all of them, as well as the teachers who sent them our way. Some of the students also encountered the tough debate style and sharp rhetoric that our regulars also engage in. One of the students who found himself in a particularly spirited exchange, mostly with me, just sent me a long, self-flagellating and abject apology. My response in part..

Relax. Apology accepted, and I am grateful for it, and admire you for writing it. But you impressed me in many ways. I wish I could meet you.

When I was growing up, there was no internet. I just managed to earn as reputation as a clown, a master of sarcasm and insults, and someone who would never back down from an argument the old-fashioned way—by talking. I made a million gaffes along the way. I made an ass of myself. I hurt people. I also scared some people, but eventually I learned some boundaries. Meanwhile, the skills I acquired being a jerk sometimes have served me well, in college, in law school, in management, in theater, in ethics. (I’m still a jerk sometimes. You have to keep that edge.)

You are welcome to comment on Ethics Alarms any time, my friend. Just remember we’re all human beings, nobody hates anyone, and no mistake is final.

I do hope that any time young readers who identify themselves as such come here to argue, Ethics Alarms commenters will keep in mind that the best result, no matter what they might say while testing the waters here, is to keep them coming back.

2. Packaging designed to make you feel stupid…I’d do a whole essay on this again, but there have been a lot of “yelling at clouds” posts lately. The common practice of generics intentionally imitating the packaging of the original product they derive from is per se unethical. (I’m sure I have written about this before, but cannot find it. I know I criticized the practice of cheap kids animated videos of  stories like “Beauty and the Beast” copying the artwork and color scheme of the corresponding Disney version to fool inattentive purchasers.) My wife just got caught by a CVS scam—the company is a long-time offender—that fooled her into buying for my use an inferior knock-off of Pepcid A-C which I need because the Parkland shooting deception and agitprop is giving me ulcers. It is intentionally packaged with a red fez-shaped cap to look sufficiently like the good stuff to deceive consumers.

See?

Of course, as with the video, it isn’t exactly like the original: the shade of red is different, the cap shape isn’t quite the same, giving them plausible deniability.

There should be some kind of law or regulation to discourage this. I’m going to go into the store and complain to some nice clerk or manager, who will shrug and say she’s sorry, which is to say that, once more,  I will be yelling at clouds . Continue reading

Comment Of The Day: “Ethics Quiz: ‘NCIS’ Ethics”

[ Again I am awash in Comments of the Day. There’s no question about it: the comments here are getting better, and more commenters are participating. There are also more comments being made to posts than ever before. 2017, despite a 10% drop in traffic from 2016, set a record for comments. This blog was always designed to be an interactive online colloquy on ethics. More views, links and shares would be nice, but I’ll take more and better comments over volume any day. You all are doing a terrific job. I may  have to make “Comment of the Day” a daily rather than an occasional feature. That would be progress.]

The latest Ethics Quiz was about this week’s “NCIS” episode in which the federal agency’s director got all misty eyed and proud to learn that his daughter had accepted the blame (and the charges) for her friend’s shoplifting because her friend was 18 (and a habitual shoplifter) and the offense would end her dream of college. Ethics Alarms readers were asked whether this was a responsible ethics message for Mark Harmon’s long-running procedural to send, especially to any children watching.

The quiz attracted uniformly excellent responses (my take is here).

Here is Greg’s Comment of the Day on the post, Ethics Quiz: “NCIS” Ethics:

I would say that the daughter acted foolishly and the father acted unethically.

The father has a duty to teach and protect his children, which he utterly failed to fulfill in this case. His daughter is showing disastrously poor judgment, placing her future seriously at risk, and he needed to set her straight. He should have lectured her on the enduring truth of the adage, “Lie down with dogs, rise up with fleas.” She should not be spending any time at all with an incorrigible thief. This other girl is big trouble. She has already gotten the daughter arrested once and if the daughter continues to hang out with her, the odds are high that she will do it again. The lesson that the daughter should have learned from this incident is that she needs to shun the company of this supposed friend. Instead, the incident has bound them together even more closely. Continue reading

Ethics Hero: Chandra McKinnon

 

There is moment in my favorite Saturday matinee movie, “The Vikings”—okay, it’s tied with the original “Journey to the Center of the Earth”–where Ernest Borgnine as Ragnar, the Viking King, is about to be thrown, hands bound, into a pit of ravenous wolves by his Britsih captors, A Viking, we have learned, can only go to Viking Heaven, Valhalla, if he dies with a sword in his hand. Just as Ragnar about to be tossed, Tony Curtis cuts his restraints and hands  him a sword, and the Viking King, beaming, leaps into the pit with a victorious shout of “VALHALLA!” They didn’t have CGI back then, so we only got to hear the sounds of him killing snarling wolves left and right until he was finally mauled, but I always could picture Ragnar’s battle in my mind.

That’s also how I picture Chandra McKinnon, a Canadian law clerk, as she fights off the hoards of mindless anti-pit bull breed hysterics over at The Post That Never Dies, Unethical Website of the Month: Dogsbite.Org . which has over 5,000 Facebook shares and which has been attracting dog breed bigots regularly since 2015.

Chandra leaped into the pit shortly after I gave up trying to reason with these idiots. I finally added this to the post:

In the future,  comments to this post that consist of nothing but repeating the same disproven myths and ignorant beliefs about the various pit bull breeds will not get through moderation. Any serious, well-researched, civil comments presenting counter arguments and genuine statistics to the facts and expert opinion discussed in these posts are welcome. Citing dogsbite.org as authority will guarantee rejection. Lumping multiple breeds together as “pit bulls” proves laziness, bias and ignorance, and will also result in the comment being spammed. Dumb arguments like “You can’t prove they aren’t pit bulls!” will have the same results.

It is depressing how many people will hold on to a factually unsupportable bias despite every effort to enlighten them, but then prejudice against humans works the same way.

It was getting ridiculous. The commenters, sent my way in intermittent waves by the website’s defenders, are usually semi-literate and always immune to reality.  I have banned more commenters on that post than any three elsewhere on the blog. Here is part of a typical rant from one of them, since banned under the Ethics Alarms Stupidity Rule:

Mr Marshal, why is there a FB page titled Our Pets were Attacked by Pitbulls?… If pitbulls are no more aggressive than other breeds, then why are there no similar pages for other breeds?? Why no “Our Pets were Attacked by Poodles” FB page??…Because these breeds have never killed a human EVER, so most likely will not maul another dog!! …As an ethics person, do you think it’s ethical to prioritize the lives of one breed, the fighting pitbull, over the lives of numerous other breeds, and say well I don’t care about the lives of all those other breeds as long as we can own our pitbulls?? Doesn’t matter that pitbulls kill and injure multiple other breeds each and every day, as long as I fullfill my selfish want for a breed that has no purpose in today’s society since it was bred for a sick bloodsport, then I’m fine with that!! IS THAT ETHICAL???

Continue reading