fairness

Unethical Quote Of The Week: The Huffington Post, Which Is Having A Really Unethical Week

/ Jack Marshall / 10 Comments

KKK assestance

“The photo has gone viral this weekend as netizens praise the officer’s extraordinary show of professionalism and grace under such trying circumstances.”

–—The Huffington Post, commenting on the photo above, showing black police officer Leroy Smith giving a feeble white supremacist assistance during the Ku Klux Klan rally held at the South Carolina Statehouse over the weekend.

Does the Huffington Post have any idea what professionalism is? Ethical conduct? Increasingly, I have my doubts, and this is just the latest example.

We already know the average “netizen” doesn’t know ethics from shinola, but the Huffington Post is a news and culture commentary site. One would think a basic comprehension of such concepts as duty, fairness, justice, responsibility and ethics would be essential. Well, let me rephrase that: they are obviously essential. One would think the Huffington Post would know that without them, its analysis of pretty much anything is worthless.

Look, you ethics dolts: Smith was doing his job, that’s all. The fact that he personally may have objected to the beliefs and words of the protesters is completely irrelevant to his professional obligations. He must treat all professionals the same. To do otherwise would un-professional, un-ethical, and wrong. Dominique Mosbergen is  apparently  of the opinion that the normal, professional thing to do is to refuse to help people whom you don’t like, agree with, or whose views offend you. Wait—isn’t this what the jerks who refuse to sell cakes to gay couples do? Somehow I don’t think Dominique agrees with those anti-gay marriage zealots or that she feels to just treat such customers as human beings would constitute an “extraordinary show of professionalism and grace.” Why does she think a black cop helping a distressed racist like he would a similarly needy  NAACP member because they are both citizens and as a public servant he is duty-bound to treat them both exactly the same is an “extraordinary show of professionalism and grace,” then?

It is because she is incompetent and ignorant. It is because she doesn’t comprehend what professionalism is. It is because to her, “White Racist Lives Don’t Matter,” so she is just bowled over when an African American acts without employing her biases.

Leroy Smith behaved like any professional would, and should. Nothing more, nothing less. Most cops do their jobs, and do them professionally. There is nothing newsworthy or extraordinary  about the photo, except to people who believe that the primary motivating factor for most people is hate.

_____________________

Pointer: Fred

One Class, 114 Valedictorians….W.S. Gilbert Warned Us About This

/ Jack Marshall / 12 Comments

Apparently this has been going on at Arlington, Virginia’s Washington and Lee High School, from which my niece graduated, for years.  The school calls about a third of its graduating classes “valedictorians,” so 1) the school can put it on their college applications and deceive those who haven’t connected the dots; 3) make certain the school can claim a female valedictorian, a black valedictorian, an Asian-American valedictorian, a trans valedictorian…you know, because everyone is above average, like in Lake Woebegon, and 3) the official rationalization, to eliminate competitiveness for honors among students, because life isn’t competitive.

Back when I wrote about this in June, 2010, the news was that…

In many high schools around the country, as many as fifty graduating seniors were designated “valedictorians…

Now honor inflation ins some schools is  more than double that, so this atrocious practice is obviously catching on. Integrity is such a chore. Excellence, superiority, achievement…they are all chores too.  As for the genuinely superior students, they are out of luck: this is the high school equivalent of all the gladiators standing up and crying “I’m Spartacus!,” except now it’s “I’m the smartest one in the class!” This Maoist denial of the fact that some of us earn more success than others and that there is nothing wrong with doing so is all the rage, and you can expect to hear more such ideas as the various candidates to lead the nation, one founded on the principle of personal self-determination based on ambition and enterprise, argue about how to deal with “income inequality.” Income inequality is but a subset of talent, industry, risk-taking and ability inequality…and good fortune inequality too. Might high schools sending graduates out into the world with the cuckoo concept that everyone should be regarded as equally accomplished whether they really are or not also contribute to income inequality?

Why yes, I think so. Continue reading →

Ethics Quote Of The Month: Popehat Lawyer/Blogger Ken White

/ Jack Marshall / 10 Comments

Dept_Of_Justice_USF“That’s your justice system, and mine: a consequence of our culture of servility towards to police and prosecutors.”

—Former prosecutor, current lawyer, and epic blogger Ken White, summing up the outrageous misconduct of the U.S. Attorney’s Office in its attempt to subpoena Reason’s commenter’s identities for potential prosecution, specifically the use of a gag order to prevent the publication from communicating.

Ken White has been following this story, which is a frightening example of how power can be, and is perverted in a supposed democracy that respects a free press. The short version (you can read the posts about this here and here, which link to Ken’s more intense and thorough commentary) is that libertarian publication Reason found itself ordered to reveal the identities of some mean commenters on its website who made obviously hyperbolic and facetious “threats” about a judge, including suggesting that she be Steve Buscemied…

Woodchipper foot

 

Continue reading →

Ethics Observations On The Impending “Little Ice Age” And Climate Change

/ Jack Marshall / 87 Comments

snowpiercer

From Alphr:

Between the years 1645 and 1715, there was a period of bitterly cold winters in the northern hemisphere. The winters were so cold that the Thames completely froze.This was caused by low solar activity, known as the Maunder Minimum, and when it will happen again has been a source of debate among scientists. Well, according to a new model that promises 97% accuracy, we’re due another “little ice age” in 15 to 25 years time. The prediction is the work of mathematics professor Valentina Zharkova from Northumbria University, examining the sun’s so-called “11-year heartbeat”. This is the period at which the sun’s activity remains steady before fluctuating every 10-12 years. Zharkova’s new model forecasts solar cycles based on two layers of moving fluid within the sun, one near the surface and another in the convection zone. By using this model, Zharkova’s team found their predictions “showed an accuracy of 97%”.

At this moment, I’m not concerned about whether the prediction is right or wrong; there’s plenty of time for me to buy ear muffs. I do think it is fascinating, however, and I offer these observations:

1. Question: Why has this story been virtually ignored by the mainstream news media?  Answer: Because progressive journalists haven’t figured out how to reconcile their climate change, environmentalist, pro-EPA dictatorship, “all climate change skeptics are idiots and the equivalent of Holocaust deniers” narrative with its implications, that’s why. This is news, don’t you think? “Fit to print,” correct? Any time some semi-respectable scientist predicts that we have 20 years left to knee-cap American industry or the seas will boil, that’s headlines at MSNBC and the Times, isn’t it? I can’t think of a more blatant example of unprofessional and biased news manipulation for purely ideological reasons than the fact that this story has thus far been isolated to European and Australian news sources.

2. The theme of environmentalists and the progressive establishment, as well as elected officials who are just as certain about climate change despite not remotely understanding the science, is that the science is settled, that disastrous, man-caused global warming is certain, and that no argument to the contrary will be accepted or respected. Yet scientists just figured out, using a new model, that a massive global cooling will occur just 15 years from now.  Quite simply, according to the angry, insulting rhetoric from the Gores, Pelosis, Obamas and their pundit cheerinbg section, this is impossible. Science has settled, and cannot be wrong, what the temperature will be a hundred years or more from now, and that’s that—no skepticism allowed. The models are undeniable! And yet, a new model, just developed, shows that a decidedly non-warming trend  not predicted by those perfect models is now certain. Continue reading →

De’Andre Johnson Ethics Quiz: Is It Ever Ethical For A Male Athlete To Punch A Woman?

/ Jack Marshall / 115 Comments

deandre

Nineteen year-old De’Andre Johnson was kicked off the Florida State team after “The Tallahassee Democrat” obtained a video showing Johnson punching a young woman in the face in an altercation at a bar in June. He has also been charged with battery. Johnson’s lawyer says that woman was taunting him with racial epithets and hit him twice before he punched her.

Lawyer Jose Baez told NBC News that Johnson “tried to deescalate the situation” but the woman “kneed him in the groin area” and “took another swing before he retaliated.”  “It wasn’t until she struck him twice that he reacted,” Baez said. “But he is very regretful that he didn’t turn around and walk away immediately.” Baez added, however that his client “makes no excuses for what happened.”

The video above does not seem to support Johnson’s defense, but never mind.  After the Ray Rice episode, no football player who lays a hand on a woman in anger will be able to avoid severe punishment. All athletes, and football players particularly, are on notice that as far as hitting women goes, it is strict liability unless the men’s lives are in danger, and maybe not even then.

But hypothetically, I’m curious. Racial epithets are fighting words. If a black athlete punched a white man, even a much smaller white man, after racial abuse and a knee to the groin, there would probably be no charges filed, and not much criticism either. How different, if different at all, should the ethical judgement be if the individual engaging in the abuse is a woman? What if she shows no signs of stopping unless she is physically stopped? What if she looks like this…

Gina Davis

 

Or. say, THIS…

Katka2

Or even this…

hope-solo

Hope is over six feet tall, you’ll recall and is rumored to have a penchant for striking people off the athletic field.

Thus your Ethics Alarms Ethics Quiz of the Day is this:

Is it always unethical for  any male athlete to punch any woman in a situation not involving the male’s mortal peril?

ADDENDUM…lest we forget: what if the woman is this former Olympic medal winner…

caitlyn-jenner

?

 

Why Yes, Krystal, There IS A “Candidate For Congress Who Is Photographed Sucking The Phallic Red Nose Worn By Her Reindeer Attired Husband At A Christmas Party Principle,” And It Isn’t A Double Standard At All, As You Will Learn As Soon As There IsA Male Congressional Candidate Photographed Doing the Same Thing. Now Shut Up, Please.

/ Jack Marshall / 13 Comments

Krystal-Ball

I’m sorry, I can resist this.

In 2010, Krystal Ball was a 28-year old, almost credential and experience free Democratic Party nominee for United States Congress in Virginia’s 1st congressional district in the 2010 election. She lost to Republican incumbent Rob Wittman. During the campaign, old photographs surfaced of Ball and her then-husband at a college Christmas party, showing her dressed as “bad Santa,” leading her husband, dressed as a reindeer, around S and M style by a leash, and sucking on his long, fake, phallic red nose.  Like this:

Krystal Ball 5Krystal Ball 1

(By the way, I had mentioned this episode very briefly in 2010, and promptly forgot about. Ball is the one, as we say in the law, who “opened the door” again.)

Although she lost by a 2-1 margin, Ball made the rounds of various TV talk shows exploiting the salacious aspects of the photos (for this is what the programs were interested in) and playing the victim, arguing that the photos were used against her because she was a woman. The exposure, combined with the fact that she is physically attractive—this sexist standard doesn’t bother her, oddly— launched her current career as a pretty talking head, if not an especially enlightening one. (Naturally, she roams on MSNBC.)

Krystal was on Fox News yesterday whining yet again about her 2010 defeat and blaming it on the photos and a “double standard.” “I think that we should look at the example of Scott Brown,” she told a sympathetic Megyn Kelly. “He had pictures from the same age as those pictures of me, only he was completely naked, in the centerfold of a national magazine, and it was not even a bump in his campaign; in fact he has even said that it helped him a little bit in his campaign. And I’m not holding anything against Senator Scott Brown… that’s as it should be, in my view, because those kinds of things to me are not relevant to the campaign trail. And I do think there’s a double standard.”

Baloney. Continue reading →

This Is NBC: With All The Ethical Reasons To Fire Donald Trump, It Picks An Unethical One

/ Jack Marshall / 19 Comments
Dignity...always dignity.

Dignity…always dignity.

It has happened here with Bill Clinton, Bristol Palin, and many others: this is the downside of running a website committed to fairness. I have had to come to the defense of some very unethical people through the years, but I can’t think of anyone I detest defending more than Donald Trump.

From the AP:

“NBC said Monday that it is ending its business relationship with mogul and GOP presidential candidate Donald Trump because of comments he made about Mexican immigrants during the announcement of his campaign.”

Let me count the lies:

1. Anyone, including AP, who believes this is why NBC fired Trump is too gullible to function in society. He was fired because Mexico, Univision and illegal immigration advocates were threatening to make NBC’s life miserable. If what Trump said mattered to NBC, NBC would have fired him shortly after he said it.

2. Trump said nothing about Mexican immigrants. His much-maligned quote discussed illegal immigrants from Mexico “bringing drugs, they’re bringing crime, they’re rapists and some, I assume, are good people.”  The unethical and dishonest effort by the news media to confuse the immigration issue and the crucial, material distinction between legal immigrants, whom the nation should welcome, and illegal immigrants, which it should not and must not, is more harmful than anything Trump has said on the topic.

3. The statement is deceitfully phrased to represent what Trump said as a slur on Mexicans, as a racist statement. Trump was talking about, in his typically lazy, crude fashion, our national problem of  unchecked illegals streaming across the Southern border, and the undeniable fact that this group includes criminals and rapists (like here, here, here…how many examples do you want?), as well as “good people.” Trump obviously wasn’t claiming that all illegal immigrants were criminals and rapists, because that would mean that some of the criminals and rapists would also have to be “good people.” But Mexico, which counts on us to solve their social problems for it, and illegal alien activists, who don’t want Americans to know that many of those sneaking into our country are not the salt of the earth, but quite the opposite, have successfully imposed a political correctness embargo on speaking the unpleasant truth.

Now on to the hypocrisy. NBC firing Trump is not just a little like, but almost EXACTLY THE SAME AS A&E firing Duck Dynasty’s scion Phil Robertson for public statements that were completely consistent with the reality star’s persona as A&E understood from the moment it inked a contract with him. The same is true of Trump’s trademark bluntness. The one difference: Robertson’s homophobic statements were blunt and ignorant, while Trumps statements about illegal immigrant were blunt and true. Continue reading →

The Case Of The Trash-Talking Doctors, And The Price Of Trust

/ Jack Marshall / 66 Comments
So, did you hear the one about why surgeons wear those masks?

So, did you hear the one about why surgeons wear those masks?

When I first heard about this case, I thought the jury award of $500,000 was ridiculous. The more I think about it, the more I begin to think it was appropriate.

Before his colonoscopy, a Vienna, Virginia patient pressed record on his smartphone, not intending to record everything that was said but ending up with the entire proceedings anyway. That was a half-million dollar stroke of luck for him, and the confirmation of dark suspicions for the rest of us. The resulting recording revealed that the surgical team amused itself by insulting and demeaning the semi-conscious anesthetized man throughout the procedure.

The anesthesiologist, Tiffany M. Ingham, was the ringleader and the primary offender.  Among her inspired bon mots… Continue reading →

The Most Unethical Prosecutor Of All: Baltimore’s Marilyn Mosby

/ Jack Marshall / 12 Comments

Mosby

In a legal ethics seminar I taught this week for government attorneys, the vast majority of them voted that Marilyn Mosby’s vainglorious announcement of charges against six officers in the death of Freddie Gray was prosecutorial abuse, and a blatant violation of professional ethics rule 3.8, which directs that (this is the Maryland version)…

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

…
(e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent an employee or other person under the control of the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

Of course it was a breach of ethics, and an outrageous one. Her statement, which I discussed here, not only overstated her justification for bringing the charges, which were rushed and announced before a careful investigation was completed, it also stated that the officers were guilty, and worse, that the charges were being brought because the demonstrating and rioting protesters has demanded it. Mosby’s words suggested that she stood with the mob. Continue reading →

Wait, Should I Change The Name Of “The Niggardly Principles” To “The Pachycephalosaurus Principles”?

/ Jack Marshall / 29 Comments

Pachycephalosaurus

Are P.C. crazies attacking “Jurassic World” for using for the supposedly racist term “packies” in the film? Don’t these fools realize that their argument is even dumber than that of the illiterate clods who briefly got a D.C. government worker disciplined for using the word “niggardly” in a meeting?

Well, no, despite what you may have heard, nobody in the U.S. is that far gone. That hasn’t stopped conservative anti-P,C. warriors from falsely claiming otherwise, though.

“Packie” is a nickname used in the fictional dinosaur park for the Pachycephalosaurus, a dome-skulled creature that was also featured in “The Lost World,” the second “Jurassic Park” sequel. Exactly what else would you call them? Even by the standard of dinosaur names, this is a tough one, and a short, easily pronounceable monicker is both necessary and potentially life-saving. By the time someone has spit out, “Look out! There’s a charging Pachycephalosaurus coming right for you!,” you are mashed, believe me. What’s the alternative, “Phaloses”?  That has its own problems “Pachies” is the obvious and reasonable choice.

Yet because an escape of  these prehistoric things from their enclosures in the theme park causes  one character to shout, “The Packies are out of containment!,” Twitter users, commentators, political correctness fascists and insane people are seriously accusing the film of being “racist” in Great Britain, where “packie” is a racial slur for something or other: I really don’t care. It has nothing to do with the Pachycephalosaurus, dinosaurs, or “Jurassic World.”  Thus the Independent, echoing many Brits on social media, called the line “very racist.” That’s moronic, of course. Continue reading →