Post-Zoom Hangover Ethics, 3-31-21….

People, even lawyers, just do not interact much in remote seminars. It makes a three-hour session far more tiring, even though I’m sitting down, rather than stalking through the space. Thus I am blotto now, after a legal ethics session earlier today.

1. And THIS is the best paper in the U.S…Two headlines on the New York Times front page this morning my high school paper faculty advisor would have rejected…and he would have been right:

  • “Gaetz Said To Face Inquiry Over Sex With Underage Girl” The fact someone says it is not news. Is he “facing an inquiry” or isn’t he? “Three people briefed on the matter” isn’t a source: we’ve seen how accurate the Times anonymous sources are, especially when the subject is a Republican, a conservative, and a Trump supporter. Why the front page for a rumor? Slow news day? Hey, I’ve got an idea: How about an article about how Joe Biden called Georgia “sick” based on a complete misrepresentation?
  • “Taliban Believes The War’s Over And They Won.” This is psychic news again, my favorite fake news form. How does the Times know what the Taliban “thinks”? Who cares what it “thinks”?

Continue reading

Quasi-Apology Of The Month: Attorney John Morgan

Screen_Shot_2021_02_24_at_2.35.38_PM.6036aadd5594c

I’m not sure where this falls on the Ethic Alarms Apology Scale.

I admit that I’m never heard of John Morgan, but I am told he is a well known attorney in Orlando, Florida, and like so many trial attorneys, a character. Morgan keeps his name before the public in part by posting self-made videos on Twitter posted ( #Johnin60secs ) videos where he gives spontaneous running commentaries on life in general in the conversational and engaging style that makes him a successful litigator. It is a clever marketing approach: I’m pretty sure it gets around Florida’s strict lawyer advertising rules. For example, in one video he described his head as being “ the size of a watermelon,” which is obviously hyperbole. In a legal advertising, a lawyer can’t me make any false or misleading statement or one that can’t be verified.

But I digress. There is a danger any time anyone, no matter how glib or accustomed to speaking off-script, does so for public consumption, as the late Rush Limbaugh, acres of crushed”shockjocks,” Michael Richards and I, among others, can attest. And so it was that Morgan, in one of his videos, was riffing on fast food franchises, and said about Arby’s,

Continue reading

Enforced Ideological Conformity: The Unethical Firing Of Gina Carano

Gina

Gina Carano, the actress who plays Cara Dune on Disney+’s “The Mandalorian,” was fired by Lucasfilm. I saw the note yesterday, and the company’s explanation which was that Carano’s

“…social media posts denigrating people based on their cultural and religious identities are abhorrent and unacceptable.”

From this I presumed that the actress had posted something that was racist or otherwise bigoted and hateful—constitutional speech, but not a public opinion that an organization dependent on widespread public favor is obligated to tolerate from its employees. Then today, I saw what she wrote, which was,

“Because history is edited, most people today don’t realize that to get to the point where Nazi soldiers could easily round up thousands of Jews, the government first made their own neighbors hate them simply for being Jews. How is that any different than hating someone for their political views?”

She did not denigrate anyone based on their cultural and religious identities. LucasFilm’s statement is a lie, and indeed is very close to defamation. Carano should sue. Meanwhile, Pedro Pascal, who plays the Mandalorian in the same series, tweeted out this idiocy in 2018:

Continue reading

The Ethics Vacuum That Is CNN’s Brian Stelter

Brain Stelter probably finishes no higher than third in CNN’s “Unprofessional and unethical broadcast journalists who any trustworthy news organization would fire but since CNN isn’t trustworthy it won’t” sweepstakes. Nonetheless, he is shockingly and consistently ethics free, which is particularly grotesque for an alleged media ethics critic. You can read the ugly  Ethics Alarms Stelter dossier here.

He’s also, in addition to being a 24-7 ethics dunce, not very bright.

D.C. attorney Mark Zaid (who also has an Ethics Alarms file!) tweeted this regarding the Washington Post’s settlement of the $250 million defamation suit filed against it by Nick Sandmann:

Being a dolt, Stelter probably thought it would be cute to retweet it, so he did. Continue reading

Saturday Ethics Warm-Up, 7/25/2020: The Congressional Playpen And Other Embarrassments

Good Morning!

Bulgaria has a holiday called “July Morning” that celebrates freedom, friendship, and love of life.

Maybe I’ll move to Bulgaria…

1. I cannot believe this doesn’t alienate more people than it pleases. I watched the Red Sox-Orioles game last night to open the Strangest Baseball Season Ever in Boston, and would have enjoyed it completely ( the Sox won 13-2) had I not had to constantly avert my eyes from the Red Sox management’s ostentatious virtue signaling, if you can call it that, since pandering to Black Lives Matter is far from virtuous.

Not only was the special BLM MLB logo at the back of the pitcher’s mound (BLM MLB is a palindrome!), but the full Black Lives Matter name was emblazoned on a banner, about 250 feet long, across the empty bleachers.

I’d love to know how many Red Sox executives, or if any of them, actually know what the “movement” the team is pimping for intends. My guess is that the decision to promote BLM was a cynical go along to get along decision that had nothing to do with substance, but rather was made in fear and expediency.

2. On the Fox News harassment accuser. The sexual harassment lawsuit filed against Tucker Carlson by Cathy Areu now appears to have fatal flaws. Continue reading

From The #BelieveAllWomen Files: Professor Parisi’s Nightmare

University of Minnesota law professor Francesco Parisi has won a defamation judgment of nearly $1.2 million against former girlfriend Morgan Wright over her false accusation of rape that appears to have been in retaliation for a romance gone sour.

His apparently unbalanced accuser was Morgan Wright, a woman who  told people that she a degree from the Juilliard School of Music and a Master of Art degree in educational psychology when she had neither, according to the judge’s decision. She also signed emails “Dr. Wright,” though she was not a doctor. The old rule “Never sleep with anyone crazier than you are” comes to mind.

In addition to  rape, Wright also accused Parisi of sexual crimes against others and of attempting  to run her down with his black Jeep on three occasions, the last after he had sold the car.

“The preponderance of the evidence clearly shows that Wright created a destructive fiction,” Judge Daniel Moreno wrote. “Wright publicized allegations without regard for their truth or effect: that Parisi raped her, that he had sex with underage girls after giving them alcohol, that his daughter accused him of raping her, and that he was HIV positive. She spread these defamatory statements to Parisi’s employer (the University of Minnesota), to the Minnesota Department of Health, and most importantly to the police.”

Oddly, if Parisi had been running for President against Donald Trump instead of being just a law professor, these accusations might not have hampered his career advancement  at all! Continue reading

From The Trump Campaign, Not Quite A Frivolous Lawsuit, But An Unethical One

Is it possible that my ol’ friend Walt is working for the Trump campaign now? Nah, can’t be. But the logic behind the Trump campaign’s defamation lawsuit against CNN has a familiar ring: like the protracted  defamation suit against me by an aggrieved (and banned) Ethics Alarms commenter, the Trump campaign is claiming that opinion in the news media constitutes defamation, and it does not, must not and cannot. Writes Professor Turley in part: Continue reading

Unethical Tweet Of The Month: A TIE!

No, not THEIR tweets! Tweets ABOUT them…

Yes, the Democratic Presidential hopeful field’s #1 pandering jerk and it’s leading  shameless demagogue both exploited the birthday of  the late Trayvon Martin to engage is race-baiting, false narrative peddling, and near-defamation. Buttigieg and Warren also recently referred to the “murder” of Mike Brown, whom a grand jury and an Obama Justice Department investigation itching to find evidence of a crime both determined had charged the police officer who shot him, and thus was legally killed in self defense. I fault Warren a bit more here, since she is a law professor and knows damn well that both the evidence and the law say that Martin was not the victim of racism and that but for his possession of a legal firearm, it might have been Zimmerman who was killed.  Yet Buttigieg’s “white supremacy” buzz-wording is  unforgivable, as it literally had nothing to do with the deadly confrontation between a black teen and a Hispanic-American. Continue reading

Morning Ethics Warm-Up, 1/28/2020: Transcripts! Audacious Defense Lawyers! Canadian Defamation! “Bombshells”! [UPDATED]

Good morning…

1. Here’s a typical unbiased New York Times front page headline regarding the impeachment trial (from last week):

“One One Side, Piles of Evidence, On the Other, Heaps of Scorn”

Here’s some more scorn: there is no evidence at all of impeachable offenses on  that pile, and scorn for the President is being treated as evidence.

2. This is astounding. (From johnburger, and thanks) Check out this.

Continue reading

Morning Ethics Warm-Up, 1/8/2020: War, Defamation, Bias, Abortion…What Fun.

ARRGH!

Another day, another “crisis”…

Current reports indicate that Iran regards its casualty free missile strikes last night as a sufficient “tat” for the killing of their master terrorist “tit.” If so, the “ARRGH! WORLD WAR III!!” anti-Trump hysterics were, as usual, wrong, and just embarrassed us, nothing more.. Meanwhile, Iran is refusing to hand over the black box of the Ukrainian airliner that just coincidentally crashed right around the time the missiles were flying. The fact that so many Democrats have allowed their brains and loyalty to rot to the extent that they defend  this awful place in order to attack their own nation’s President is all we need to know about the trustworthiness of their party.

1. Wrapping up the Golden Globes’ ethics issues…Michelle Williams is getting predictable hosannas from her acceptance speech at the Goldden Globes, in which she thanked abortion for her success. She said she wanted a life “carved by my own hand” and “wouldn’t have been able to do this without employing a woman’s right to choose.” The New York Times called these words “potent.” I call them deceitful. I’ll praise an equivalent speech when the woman has the integrity and courage to thank the human being who involuntarily gave up his or her chance to carve out a life with their own hand. The use of “choice” as euphemism for “I get to kill someone who stands in my way” is self-deception.

2. Thinking about Trump’s threat...The President backed down from his threat to target Iranian cultural cites in retaliation for any attacks on Americans after being informed that this would be a war crime under international law. I confess, I did not know this was prohibited, and I am not certain what to think about that. I knew the destruction of ancient architecture and important cultural cites became an issue for the Allies in World War II, but this has yet to make sense to me. The whole concept of the “nice” war is ethically incoherent. The idea of war must be to win as quickly as possible, minimizing deaths and chaos on both sides, especially one’s own. If the prospect of losing a nation’s treasured cultural structures is a deterrent to war, then to say that has no “military value” is simply not true. If you can’t tolerate risking your cultural treasures, don’t get into wars.

The values involved in this controversy are also incoherent. In “The Monument Men,” George Clooney’s sort-of accurate account of the special forces whose job was to track down and rescue great artworks stolen by the Nazis, the question is asked repeatedly, “Was retrieving this painting or statue worth sacrificing a human life?” I have no problem voting “Sure!” If the question is changed to refer to a thousand lives, or 10,000, I’m not so sure. Continue reading