Unethical Smoothie Bar of the Month: The “I Love Drilling Juice & Smoothie Bar” of Vernal, Utah

Smoothies

 As you can see from the sign above, the I Love Drilling Juice and Smoothie Bar in Vernal, Utah, owned and operated by a local pro-oil and gas activist George Burnett, charges liberals an extra dollar for its fare. The smug owner then donates the proceeds from his partisan surtax to  the Heritage Foundation and other conservative organizations.

I hate to pop Mr. Burnett’s self-satisfied balloon, but his stunt is unethical and profoundly un-American. The former is best illustrated by the scheme’s obvious failure to satisfy Kant’s Rule of Universality, a.k.a. the “What if everybody did this?” test. If every business discriminated on the basis of political and ideological belief, daily life would be unbearably complicated, contentious, and nasty, with all communities broken into exclusive, inconvenient and hostile camps. The practice of making people pay extra for basic goods and services according to whether their politics are Blue or Red is also hostile to basic American principles of respectful diversity, open minds, and civil discourse. Yes, Burnett’s  liberal tax is legal and constitutional. But it is unfair, and violates the principle, if not the letter, of equal treatment for all. Punishing citizens for their beliefs is bullying, whether the culprit is a city mayor who wants to ban a business because its owner opposes gay marriage, or an arrogant activist who wants to make anyone who disagrees with “drill baby drill!” to have to pay more for smoothies. Continue reading

Will Somebody Please Explain To The President That Children Are Not Props, Puppets or Set Dressing?

Finger puppets

“White House Press Secretary Jay Carney announced this afternoon that President Obama will unveil a “concrete package” of gun control proposals including assault weapons bans, high capacity ammunition magazine bans, and closing loopholes on background checks. Carney said that the president will be joined by Vice President Joe Biden as well as children who wrote to the president after the Newtown shootings.“They will be joined by children around the country expressing their concerns about gun violence and school safety, along with their parents,” Carney confirmed”—News reports.

What, no babies? How about golden retriever puppies?

Jerry’s Kids in wheelchairs?

How about the bodies of recent shooting victims?

As Kant would remind us, children are not props, should not be used as props, and should not be forced to serve as meat puppets and sentimental set dressing for political announcements. This is dehumanizing and disrespectful of their autonomy.

It is even more disrespectful than treating the American public like idiots.

____________________________________

Graphic: Aliexpress

Dangerous Messages: Excusing Aaron Swartz, and the Unethical Non-Prosecution of David Gregory

brass_scales_of_justice_off_balance

To  no one’s surprise, District of Columbia attorney general Irving Nathan announced that he will not be prosecuting NBC’s “Meet the Press” host David Gregory for a clear, intentional and unequivocal violation of a D.C. law on national television. In so doing, Nathan sent the District, the nation and the public a package of unethical and damaging messages, perhaps the least significant of which is that the District of Columbia’s chief lawyer is just as ethically flawed as the rest of its government.

In his letter to Gregory’s attorney, which you can read in its entirety here, Nathan said:

  • “The device in the host’s possession on that broadcast was a magazine capable of holding up to 30 rounds of ammunition. The host also possessed and displayed another ammunition magazine capable of holding five to ten rounds of ammunition…It is unlawful under D.C. Code Section 7-2506.01(b) for any person while in the District of Columbia to “possess, sell, or transfer any large capacity ammunition feeding device regardless of whether the device is attached to a firearm” or loaded. Under the Subsection, the term “large capacity ammunition feeding device” means a “magazine, belt, drum, feed strip or similar device that has the capacity of, or that can be readily restored or converted to accept more than ten rounds of ammunition.” Under D.C. Code Section 7-2507.06, any person convicted of a violation of this Subsection may be imprisoned for not more than one year, fined not more than $1,000.”
  • “The larger of the two ammunition feeding devices in question here meets the definition under the statute. OAG has responsibility for prosecuting such offenses and takes that responsibility very seriously.”
  • ” OAG has determined to exercise its prosecutorial discretion to decline to bring criminal charges against Mr. Gregory, who has no criminal record, or any other NBC employee based on the events associated with the December 23, 2012 broadcast. OAG has made this determination, despite the clarity of the violation of this important law, because under all of the circumstances here a prosecution would not promote public safety in the District of Columbia nor serve the best interests of the people of the District to whom this office owes its trust.”
  • “Influencing our judgment in this case, among other things, is our recognition that the intent of the temporary possession and short display of the magazine was to promote the First Amendment purpose of informing an ongoing public debate about firearms policy in the United States,especially while this subject was foremost in the minds of the public following the previously mentioned events in Connecticut and the President’s speech to the nation about them.”
  • “There were, however, other legal means available to demonstrate the point and to pursue this line of questioning with the guest that were suggested to NBC and that could have and should have been pursued.”
  • “No specific intent is required for this violation, and ignorance of the law or even confusion about it is no defense. We therefore did not rely in making our judgment on the feeble and unsatisfactory efforts that NBC made to determine whether or not it was lawful to possess, display and broadcast this large capacity magazine as a means of fostering the public policy debate. Although there appears to have been some misinformation provided initially, NBC was clearly and timely advised by an MPD employee that its plans to exhibit on the broadcast a high capacity-magazine would violate D.C. law, and there was no contrary advice from any federal official. While you argue that some NBC employees subjectively felt uncertain as to whether its planned actions were lawful or not, we do not believe such uncertainty was justified and we note that NBC has now acknowledged that its interpretation of the information it received was incorrect.” Continue reading

The D.C. Government’s Warped Priorities

What Washington, D.C. regards as a traffic crisis---Halle Berry and Alicia Keys, safely delivered to their red carpet adoration

What Washington, D.C. regards as a traffic crisis—Halle Berry and Alicia Keys, safely delivered to their red carpet adoration

A resident of the Greater Washington, D.C. area, today I detect no outraged commentary in the local news media about the bizarre behavior of the D.C. government revealed here, on the DC website…

 Scheduled Street Closures for the 2013 BET Honors

“The Metropolitan Police Department (MPD) has provided the information about a scheduled street closures for the 2013 BET Honors event scheduled for Saturday, January 12, 2013. The event will be held at the Warner Theatre.

“The following streets will be closed from 12:01 am on Thursday, January 10 to 2 am on Sunday January 13:
•East and West curb lanes of 12th Street, NW between E Street and F Street, NW
•North curb lane of E Street, NW between 12th and 13th Street, NW
•East curb lane of 13th Street, NW between E Street and F Street, NW

“The following streets will be closed starting at 12:01 am on January 12, until 2 am on Sunday, January 13: E Street, NW between 12th and 13th Streets, NW

“Motorists traveling in the area of this event may experience delays and should consider alternative routes if possible. The Metropolitan Police Department and the District Department of Transportation would like to remind motorists to pay full attention whenever operating any motor vehicle and to be mindful of pedestrian traffic that may be associated with special events. These street closings are subject to change without notice based upon unanticipated events and prevailing conditions.”

Hey, thanks for the heads —wait, WHAT? Continue reading

Comment of the Day: “Are Musicals Reviewed By Ignoramuses?”

WordPress, for only the second time in three years, was kind enough to include my recent post about Stephen Sondheim’s footnote lament that musicals were the only art form largely reviewed by incompetents. This has brought a lot of new visitors to Ethics Alarms, and I hope they are interested in ethics as well as musicals. One such new reader is a Prof. Ratigan, who apparently does some reviewing himself. Here is his Comment of the Day, on the Jan 3, 2013 post (Here’s something weird—last year’s Jan.3 post was also about Sondheim!) Are Musicals Reviewed By Ignoramuses?…

Two points. The first is the literacy issue. I think it’s interesting that it would appear that a good reviewer is either a novice or a master where everything in between is amateur. I’ve been reviewing movies for the past year (on a blog) and I’ve definitely felt that in my own stuff. The more movies I watched and connections I could draw, the more it became apparent how much I really needed to do to become proficient. I needed to read a lot more literature, read a lot more scripts, and watch a lot more movies. Otherwise, I would start to create a context but have a nagging feeling that the director/writer/actor (who are often scholars of film) might/probably know more than me and were doing something else. It seems that these musical reviewers aren’t expected to take the next step from reviewer to analyst. Continue reading

Ethics Hero: Stanford Law Prof. Pamela Karlan, Pulling A McLuhan

One of the funniest moments in Woody Allen’s Academy Award-winning comedy “Annie Hall” is the classic scene in which Woody squelches a pompous know-it-all standing in line behind him at a movie theater. The man is holding forth on film criticism and finally begins pontificating on the theories of Marshall McCluhan, a Sixties media scholar most famous for the quote, “The media is the message.”  Woody acts out everyone’s fantasy who has had to listen to strangers blather on about topics they aren’t qualified to discuss by magically producing the real McCluhan to confront the man. “You know nothing of my work!,” McLuhan tells the shocked pedant.

Today Stanford law professor pulled a McCluhan on none other than George Will, who, she pointed out in a letter to the Washington Post, recently used her law review article to bolster his position by substantially misrepresenting—or misunderstanding–what it actually said:

“Mr. Will’s column distorted my Harvard Law Review article in details both large and small. Yes, the Framers of our Constitution intended to limit the federal government’s power to protect liberty. But they also crafted the new Constitution to empower the government to deal with critical problems. For much of our history, the Supreme Court recognized congressional resourcefulness as a source of our nation’s strength. By looking only to James Madison and 1787, Mr. Will ignored the post-Civil War 14th Amendment, which explicitly authorizes Congress to enforce guarantees of liberty and equality.

“As for my discussion of the court’s Citizens United ruling, I did not attack “spending by outside groups,” as Mr. Will wrote. Rather, I pointed out only that there has been a significant increase in such spending (much of it in forms that leave voters in the dark as to who bankrolled the messages they hear) and that reasonable people can disagree about whether this is good for democracy.

“Finally, for someone who prides himself on his linguistic precision, Mr. Will’s attack is particularly tone-deaf. “Disdain” means “scorn” or “contempt.” Nothing in my article expresses scorn or contempt for the court or for judicial review. I — like many other Americans, including some of their colleagues and many of their predecessors — simply disagree strongly with the approach some justices have taken and the conclusions they have reached in some recent cases.”

Take that, George! Continue reading

A Compliant, Law-abiding and Unethical Murder House Sale

Immaterial

Immaterial

We last considered the issue of realtors sneaking murder houses by trusting purchasers nearly two years ago, when Jon Benet Ramsey’s home and place of death came up for sale. We had a knock down, drag out argument about it too. My position: while it might be legal for a seller not to disclose that a home was the site of a murder or worse (and in most places it is), and while many regard sensitivity on such matters mere superstition not worthy of serious respect, the seller and the realtor have an ethical obligation to inform  potential buyers when the property for sale is a murder scene As I wrote in the conclusion to the post about the Ramsey home:

“The truth is still this: there is something about the $2,300,000 house that makes it undesirable to a lot of prospects, and that means that even if the law doesn’t require the seller to tell interested house-hunters the story of the little dead girl in the basement, fairness and the Golden Rule do.”

This applies to the case at hand, where Pennsylvania’s Superior Court recently ruled that a murder-suicide occurring in a home is not a “material defect” that requires disclosure in that home’s sale. While a murder-suicide occurring in a house might be “psychological damage” to the property or its reputation, the court said, realtors don’t have to disclose it. Continue reading

Some Ethics Observations On A Ridiculous Sean Hannity Segment

Last night, Fox New host and conservative radio talk show star Sean Hannity moderated what purported to be a debate on the topic of —guess what?— gun control on his cable TV show. The  guests were “civil rights attorney” Leo Terrell (I’ll explain the scare quotes in a second) and conservative lawyer Jay Sekulow. The two adversaries—and Hannity, who was hardly neutral—discussed The Journal News’ recent decision (Covered and criticized on Ethics Alarms) to publish the names and addresses of pistol permit holders in two New York Counties. The ensuing dialogue, if you can call it that, was painful to watch (but you’ll have to watch it to know what I’m referring to.)

Some observations on the miserable ethics of a nauseating episode: Continue reading

Ethics Mess In Kansas: The Lesbians and the Sperm Donor

The parents in happier days

The parents in happier days

Auto mechanic William Marotta must rue the day he responded to a Craigslist ad placed by Angela Bauer and her life partner Jennifer Schreiner. They were seeking a sperm donor, for the obvious reasons, and he had sperm to donate. The trio then signed a contract in which all agreed that Marotta would have no rights to any child his sperm spawned, nor future responsibilities regarding the child’s care. Schreiner was artificially inseminated and conceived, making her the child’s mother, as Bauer stepped into the role of the child’s father. Exit Marotta forever, with thanks.

Or so he thought. Continue reading

Now THIS Is Irresponsible Opinion Journalism

Oh, yeah, this will help a lot...

Oh, yeah, this will help a lot…

During the Ethics Alarms debates on various threads here about the response to the Sandy Hook Elementary shooting, the ever-reasonable commenter Ampersand wrote,

“I think that if you want a responsible discourse, you should seek out intelligent opposition and highlight it, rather than exclusively highlighting what you see as stupid and unethical opposition.”

I agree that this is usually a good course. The current public policy debate, however, isn’t being led or dominated by intelligent opposition to gun possession, but by emotion-driven, often hateful and hysterical diatribes from activists, demagogues and journalists who have decided that this, of all issues, is one that excuses them of their ethical obligation to be objective and to give views they don’t agree with due respect and fair analysis. Thus it is important to highlight the worst examples of these, not only because they are the most blatantly unethical (“Ethics Alarms,” you know) but also because it is dangerous to allow them to slant the discussion without calling attention to what’s wrong with them.

This brings us to the recent rant of Des Moines Register columnist Donald Kaul. Kaul is an extreme  progressive, which is hunky dory, and he is respected as a serious commentator from that side of the ideological spectrum. He also writes for a newspaper with a tradition of serious and professional reporting. He is not Dave Barry, Chris Rock, Ann Coulter or even Lawrence O’Donnell: he is not a jester, a performance artist, or a shameless firebrand.  Many reasonable people take what he says t0 heart.

Thus it is worthy of note that such a professional opinion journalist believes that it is appropriate to write a column that says things like this: Continue reading