Tag Archives: defamation

Morning Ethics Warm-Up, 1/7/19: Fleeing The US, Exploiting The Golden Globes, Spinning The Shutdown, And More

Best wishes for an ethical week ahead!

1. They just can’t help themselves. Golden Globe hosts Andy Samberg and Sandra Oh went out of their way before the show to sell the idea that last night’s Golden Globes Awards would avoid political grandstanding, but sure enough, there was Best Actor in a Comedy or Musical winner Christian Bale, who plays Dick Cheney in “Vice,” accepting his honor by saying that he was “cornering the market on charisma-free a—holes … What do we think, Mitch McConnell next?” [Pointer: Zoltar Speaks!]

If I were the producer or on the Golden Globes board, I’d ban him from future ceremonies. Bale, who is probably the best actor still acting now that Daniel Day-Lewis has retired, was just virtue-signaling to the left-biased Hollywood crowd, and willing to annoy a lot of his audience to do it. There’s nothing productive or profound about calling two public servants, one of them retired, “a-holes” on national television; it’s just uncivil and rude. Not only that, but Bale is a genuine hypocrite: Less than a month ago, the actor spoke glowingly about Cheney, telling Fox News, “He was a wonderful family man — he’s a great dad, he’s an avid reader, he has a brain like a vice and he constantly reads history.” It sounds to me like Bale cuts his opinions and words to fit the audience he’s addressing.

2.  From the Ethics Alarms “How Dare You Make Me Act Like A Jackass?” Files: The mainstream media has been using a Gallup poll showing that 16% of Americans polled say they want to leave the country as an indictment of President Trump. The spin is based on the narrative that anything negative is Trump’s fault, and anything positive that occurs is dumb luck, a late result of Barack Obama’s brilliance, or because Trump’s real objectives were foiled. In truth, the uptick in citizens saying they want to leave is a direct result of non-stop anti-American propaganda, in the schools, the colleges, in the news media, and from activists who pretend that the nation is an oppressive, autocratic, Fascist Hell where every woman is at risk of being raped, white supremacy is rampant, and African Americans are hunted down and shot on the streets for “living while black.” This state of mind has been seeded and cultivated entirely by “the resistance” and the ideologues who created it.

As several others have pointed out, Gallup’s summary that “a record number of Americans want to leave the U.S.” is fake news, and in multiple ways. There is no “number,” just a percentage of the group Gallup polled. That percentage, moreover, represents the alleged pollees who say they want to leave the U.S., not the ones who really want to, which would be demonstrated by some proactive steps to accomplish that objective. Women, under-30s and the poorest Americans make up the bulk of the 6% jump from the 10% of Americans who said they wanted to flee while Obama was President. I  attribute the result to 1) the despicable, constant fear-mongering by Democrats, as in the ridiculous claims that Brett Kavanaugh would send the nation’s women into “A Handmaiden’s Tale”-style sexual slavery; 2) the general civic ignorance of millennials, too many of whom who get their knowledge of national affairs from Stephen Colbert and social media, and who have been conditioned to think that trading liberty for nanny state socialism would be a rational trade;  3) the false narrative, pushed by the news media,  that President Trump is a racist; and 4) the fact that it is traditionally the progressives who threaten to leave the country whenever the Democrats aren’t in power, not conservatives when their star is waning. (Why is that?)

Ethical and civically literate Americans recognize that they are responsible for changing their nation for the better, whatever “better” is. Leaving is a cowardly and unpatriotic act, and my position is that if someone thinks losing an election is justification to leave for foreign shores, the U.S., its society and its politics are better off without them.

Bye!

Continue reading

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New Year’s Day Ethics Warm-Up, 2019: Outrageous Virtue Signaling And Other Misdemeanors

Yes, happy 2019.

Thanks to all the readers, many commenting for the first time, who send reassuring and kind words in response to my musings last night. I wasn’t fishing for them, I swear.

1. Maybe this is why I’m in a bad mood…Here is the beginning of the 70 page (!) appellate brief I’m having to waste today answering, the work of the angry Ethics Alarms commenter whom I banned more than a year ago, and who apparently has nothing better to do than to file frivolous lawsuits:

Jack Marshall, the Defendant, is a craven, venal LIAR. What he did to Plaintiff …in this case was intentional/focused/targeted/defamatory lying, through-and-through. “Toxic mendacity” is a fair/appropriate characterization (“Orwellian psychosis” may possibly overstate the case). There was nothing legitimately/honestly “opinionated” about any of Marshall’s cynical noxious LIES, in any sensible sense (despite what the Judge pretended), as (re-)proven herein. Amongst the 575 defamatory acts pled/ alleged in our Comp (and supported in Opp, and at Oral Argument, and now repeated/proved yet again here in tabular
format in TblDefam), Marshall outright factually LIED ~29 times; while another ~32 times he uttered/wrote “materially false” pseudo-“opinions” based upon (hence implying) his earlier lies. Yet, the lower Judge’s grant of Rule 12(b)(6) Motion-to-Dismiss (“failure to state a claim”) falsely/blindly pretended Marshall’s publications were “pure opinions, innocent as the driven snow, grounded solely upon true facts.”6 That was a blatantly false/wrongful breach of good-faith judging….

2.  The nauseating virtue-signaling championship goes to…Barack Obama. How gullible and starry-eyed does someone have to be not to find this transparent and manipulative? The ex-President published his favorite movies, novels and songs of the year on Instagram. To my surprise, they reveal him to be woke! Intellectual! Devoted to the right social causes! Cool! And Black!

And if, say, one of his actual favorite movies this year was porn, or a slasher flick, do you really think he would include it? How about a Mickey Spillane novel, or a book by Bill Cosby? Call me cynical, but I assume that the list was devised by his PR staff, with his input. The list essentially tells us that Obama thinks most Americans are stupid saps, and the news media’s reaction to it—Isn’t he wonderful???—-shows that he’s probably right. Continue reading

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Morning Ethics Warm-Up, 9/14/18: A Newly Christened Ethics Train Wreck!

Good Morn…ARRRGH!!!

1. As predicted…The wounded Ethics Alarms commenter who sued me for defamation is appealing the Massachusetts judge’s ruling granting my motion to dismiss for failure to state a cause of action. His main objective, I assume, is just to waste as much of my time and money as possible. Apparently he either has posted or will post the entire transcript of the hearing and a recording of the proceedings on his website.

2. It’s official! The Bret Kavanaugh confirmation is officially and ethics train wreck. It was already a national embarrassment. Putting it over the top and on the metaphorical rails was the truly nauseating smear attempted by Senator Diane Feinstein (D-Cal). Here is her statement:

“I have received information from an individual concerning the nomination of Brett Kavanaugh to the Supreme Court. That individual strongly requested confidentiality, declined to come forward or press the matter further, and I have honored that decision. I have, however, referred the matter to federal investigative authorities.”

This is pure innuendo with no content whatsoever, and thus dirty politics, indeed McCarthyite politics. But wait! There’s more! From the Intercept:

It purportedly describes an incident that was relayed to someone affiliated with Stanford University, who authored the letter and sent it to Rep. Anna Eshoo, a Democrat who represents the area. Different sources provided different accounts of the contents of the letter, and some of the sources said they themselves had heard different versions, but the one consistent theme was that it describes an incident involving Kavanaugh and a woman while they were in high school.

I’m sorry if heads are exploding, but I’m especially concerned about those who will try to rationalize what Feinstein, and the Democrats, are doing in their desperation to defeat the nomination of a completely qualified Supreme Court candidate. A second, third or fourth-hand hearsay account from an anonymous source alleging  some kind of possibly sexual misconduct (by 2018 #MeToo rules, I’m sure) was passed along to Feinstein, who announced that she was referring it to the Justice Department, and the alleged conduct of an undefined nature occurred when Kavanaugh was a high school student. Continue reading

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‘Thank God It’s Friday!’ Ethics Warm-Up, 8/24/2018: Tests…

Good morning!

It’s good that this week is finally ending.

1. Case dismissed! Today I learned that motion to dismiss the $100,000 defamation suit against me by a banned Ethics Alarms commenter had been granted. I wish I could claim that my brilliant massing of precedent and irrefutable legal advocacy carried the day, but I’m pretty sure it was because the complaint was absurd and frivolous on its face. The plaintiff’s spot-on Captain Queeg impression at the hearing didn’t hurt.

I’m pretty sure he’ll appeal. They always do.

2. Wisdom from Althouse. I’ve been a bit worried about blogger Ann Althouse, who has been increasingly going off on trivial tangents in posts about important topics. She still is capable of perceptive analysis that cuts through the crap, however. Recalling her response when a friend asked her what her views were on “the constitutional crisis” as a former professor in the field, Ann wrote in part,

What “constitutional crisis”? It seems to me the Constitution is in place, working as usual. There are some legal issues in play, but what’s constitutional other than that some of the various actors in the drama have positions defined in the Constitution and obtained by normal constitutional procedures? It was assumed that I would excitedly spring into action because of this assumed “constitutional crisis,” but my response was that I felt distanced from all the ugly divisions, though I thought some good might ultimately come from the crumbling of the 2 political parties….as I walked on, I thought, What constitutional crisis? It isn’t a constitutional crisis. It’s emotional politics, a national nervous breakdown.

Bingo!

Your friends on social media breathlessly blathering on about a constitutional crisis a) want there to be a constitutional crisis and b) don’t know what the hell they are talking about.

You can tell them I said so. Continue reading

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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

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“Melanie Wilkes” Loses Her Defamation Lawsuit…But Was She Right?

A California appellate court yesterday dismissed a defamation lawsuit brought Dame Olivia de Havilland against FX Networks. De Havilland, now 101, is one of the last surviving—and lucid—members of Golden Age Hollywood royalty. Those who are culturally literate know her as Melanie Wilkes, Scarlet’s angelic sister-in-law, in “Gone With The Wind,” Maid Marion in MGM’s definitive “Robin Hood” with Errol Flynn (de Havilland’s most frequent leading man),  my personal favorite, poor Bette Davis’s evil tormentor in “Hush, Hush, Sweet Charlotte,”  and many other roles in an epic career that won her two Academy Awards. (If you don’t know her, get cracking! What’s the matter with you?)

De Havilland had  sued for damages, claiming her portrayal in the Ryan Murphy-produced 2017 docuseries, “Feud: Bette and Joan” about the feud between Davis and Joan Crawford, misappropriated de Havilland carefully nurtured image without her consent, and harmed her reputation by portraying her inaccurately, especially a scene where she is shown referring to her sister, actress Joan Fontaine (“Rebecca,” “Jane Eyre,” “Suspicion”—What is the matter with you?), as a “bitch.”

“When ‘Feud’ was first being publicized, but before it went on the air, I was interested to see how it would portray my dear friend Bette Davis,” de Havilland wrote the New York Times, explaining the suit. “Then friends and family started getting in touch with me, informing me that my identity was actually being represented on the program. No one from Fox had contacted me about this to ask my permission, to request my input, or to see how I felt about it. When I then learned that the Olivia de Havilland character called my sister Joan ‘a bitch’ and gossiped about Bette Davis and Joan Crawford’s personal and private relationship, I was deeply offended.”

“Feud,” she said, represented itself as historically accurate fiction, but falsely portrayed her as a hypocrite “with a public image of being a lady and a private one as a vulgarity-using gossip,” undermining what de Havilland  described as a hard-earned reputation for “honesty, integrity and good manners.” Continue reading

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Morning Ethics Warm-Up, 1/11/2018: “Clean-Up On Ethics Aisle 10!” Edition

Good morning…

1 “And the survey says…! The results of the polls in yesterday’s 1/10 warm-up (so far) are..

  • Chris Christie is the leader in the “most hubris” poll, with 38.53% of the vote, but its pretty close. I’m pretty sure “All of them” would be leading if I had included it.

(I voted for Steve Bannon.)

  • 50% voted that journalist interviewers should be trained to recognize and flag invalid rationalizations.

A solid second was the choice, “They couldn’t do it objectively,” at 43%

  • By a 2-1 ratio over either of the other choices, over 50% believe that Plan E, the 25th Amendment removal plot, should be thoroughly discredited but the news media won’t let it go.

2. I also worry about Bobby DarinYesterday’s lament about declining cultural literacy and how movie artists that we should remember for our society’s enlightenment, perspective and inspiration are increasingly falling into a dark memory hole is relevant to a current development on Broadway: “The Bobby Darin Story” will kick off the new “Lyrics” season from January. 20 to 22, with rising star Jonathan Groff as Darin. Bobby Darin, one of my favorite performers and an unusually versatile and eclectic one, died before he was 40 and just barely hangs on in the culture now, thanks to his classic recording of “Mack the Knife.” (Also this month, the jukebox musical about Darin, “Dream Lover,” opened in Sydney.) Everything about Darin has been unlucky, his bad fortune culminating in the weird 2004 biopic that starred Kevin Spacey as Bobby. The movie was a bomb, and Spacey’s ugly fall guarantees that the film will be seen  by future generations about as often as Annette in”Muscle Beach Party.” As the Cary Grant post noted, sometimes all it takes is a vivid reference to rescue a lost life of note.

Darin’s own lost life is itself an ethics thought experiment. He knew at a young age that he was not going to live long, because he had an irreparably damaged heart. His response was to be furiously creative and to live life at a mad and reckless pace. The new show’s director says, “He lived a gritty, driven life. He hurt people along the way and people hurt him.” Continue reading

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