Saturday Ethics Warm-Up, 7/27/19: Updates And News!

Saturday morning came!!

At points yesterday I was beginning to have doubts…

1. A win’s a win, and right is right, but the ACLU outs itself again.  In the wake of the SCOTUS 5-4 decision to let stand the executive order reallocating funds for a wall to address the national emergency at the border and allow construction to commence, the ACLU flagged its own bias (though it is supposed to be non-partisan) by referring to the wall in a statement as “xenophobic.”

Its lawsuit was based on alleged environmental harm risked by the wall’s construction, but the use of that word, a deliberately dishonest characterization that can only mean an endorsement of open borders , proves that the lawsuit is a sham, using environmental concerns to mask a pro-illegal immigration agenda, which most of the public opposes….as they should.

Merits of the wall aside, the game Democrats are playing with this issue, calling for undefined “comprehensive immigration reform” while opposing enforcement and refusing to recognize a genuine emergency to keep the President from a political victory, is electoral suicide. (Yet most of the field of Democratic challengers have endorsed decriminalization of border breaching, which is like an invitation to invade. Madness. Even Hispanic-Americans oppose this.)

A blind pig can find a truffle or two, and on this existential issue, the President has law, history, sovereignty, the national interest and common sense on his side.

2.  A clueless harasser gets a second chance.   Neil deGrasse Tyson, the pop-culture astrophysicist who leads the Hayden Planetarium at the American Museum of Natural History, has been cleared to continue in his job  after the museum competed  an investigation into three sexual misconduct accusations against him. Continue reading

Slow Friday Ethics Pick-Me-Up, 7/19/2019: The Chant, The View, The Times, The Recidivist, The Fire, The Comic

Let’s see…what’s percolating today?

1. Do they even teach the First Amendment any more? I wonder how many of the Trump supporters who chanted “Send her back!” regarding Rep. Omar were doing so tongue in cheek, and realized that the U.S. can’t “send back” naturalized citizens? I admit that I’m rather afraid of the answer.

Yes, there’s a big difference between the President’s “why don’t they go back” line in his stupid tweets and “send her back,” but there’s no way he can escape some accountability for the ugly chant. He now says he disagrees with it, and except for those who will always assume the worst motives in this President, there is no reason to doubt that; after all, if he believed she should be “sent back,” he would have tweeted as much himself.

Of course, when network-anointed “experts” on social policy and politics like the ladies of “The View” broadcast ignorance of the First Amendment to their loyal and gullible audience, it doesn’t help. Co-host Joy Behar—is she the dumbest one on the panel? I think so— asked yesterday why President Trump had yet to face any legal consequences for “hate speech” directed at Democratic Rep. Omar, blathering, “Why can’t he be brought up on charges of hate speech?Why can’t he be sued by the ACLU for hate speech? I don’t get it. How does he get away with this?”

“Hate speech is tricky,”  was the best that cowardly former federal prosecutor Sunny Hostin could muster to clarify matters, making things worse. There is no such thing as “hate speech” in the law, which means it is more than “tricky,” it is a delusion, unless one means “hateful speech,” which can be a subjective definition, but is nonetheless protected by the Constitution.

If ABC were a responsible network, a comment like Behar’s should trigger an instant on-air intervention in which a team of law professors, judges and maybe a literate 6th grader or two burst onto the set and explain to this fool what freedom of speech means. Continue reading

Ethics Observations On Three Recent Judicial Decisions

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I.

An appeals panel throws out the emoluments lawsuit filed by D.C., Maryland.

A three-judge panel of the US Court of Appeals for the 4th Circuit  held that the District of Columbia and Maryland lack standing to sue President Donald Trump over claims related to his hotel in Washington, D.C. The court  ordered a lower court to throw out the lawsuit with prejudice, meaning the lawsuit alleging violations of the Constitution’s emoluments clause could not be refiled.

Good.

The Emoluments Clause nonsense has been one of the more contrived “resistance” theories and this lawsuit was part of the organized plan of harassment against the President. Two Democratic jurisdictions filed this purely political suit as their contribution to the “resistance.”

“Even if government officials were patronizing the hotel to curry the President’s favor, there is no reason to conclude that they would cease doing so were the president enjoined from receiving income from the hotel,” the 36-page opinion said. “The hotel would still be publicly associated with the president, would still bear his name and would still financially benefit members of his family….Neither [emoluments] clause expressly confers any rights on any person, nor does either clause specify any remedy for a violation.”

The unique conflicts of interest issues presented when a multinational business owner becomes President was never imagined by the Founders, and once Trump was elected it was too late to deal with the problem equitably. The Democrats and the news media, not to mention Trump’s Republican rivals for the nomination and the legal establishment—and commentators like me, all neglected their duty to raise the issue in a timely fashion, mostly because they never thought Trump would win. They are all at fault for their own mistake. At some point, however, the issue has to be examined fairly and non-politically, with rules emerging that do not make the Presidency unachievable by anyone who is not a professional politician.

II

Continue reading

Comment Of The Day: “Unethical Times Op-ed Of The Week?”

Timothy Egan’s spectacularly dishonest op-ed for the Times, The Founders Would Gag at Today’s Republicans: The cult of Trump has embraced values and beliefs that Jefferson, Washington and Lincoln abhorred,” was one more conservative- and Trump-bashing exercise disguised as a history lesson, albeit for Americans who know little about history and foolishly assume that they can trust pundits like Egan to enlighten them. Of course, all such exercises in time-traveling appeals to authority are inherently dishonest. 18th century minds, even those as sharp and creative as the Founders possessed, would go into shock at most of what they saw today if somehow provided the opportunity, and would take a while to understand why things have evolved as they have.

Frequent commenter JutGory sat down and treated Ethics Alarms readers with an analysis of developments the Founders would have had trouble with without indulging in the sort of cherry-picking and distortion Egan did to pander to the Times’ progressive readership. The result of what Jut called his “retro-prognostications” is a genuinely educational post, and a distinguished Comment of the Day.

Here it is:

If we are doing retro-prognostications, I bet I could do better:

Disclaimer: the Founders would probably be a bit mystified at the technological advances in general.

They would not be surprised by the abolition of slavery. They would be half-surprised that it took a war to do it (“We put in an amendment process for pretty much this reason, people!”)

They would probably be surprised at how much power the Supreme Court (the weakest branch) wields. Of course it only wields that much power because the other branches have gotten more powerful. To wit:

They would be surprised by the 16th Amendment (income tax), as it is a direct tax of the individual by the Federal Government, but okay (“Yay, Amendment process).

Of course, money is power, so, with more tax money comes more power.

They would be completely baffled by the 17th Amendment (direct election of Senators). That opens the Senate up to national influences, instead of influence from a small group of state legislators. That was kind of the whole point of the Senate: to represent the States, not its citizens.

But, you can’t pass a farm subsidy bill if Senators answer to their legislatures.

Can’t get universal healthcare if Senators stand in the way.

But, you change the Senate selection process, you get popular candidates, supported by national appeal and no specific understanding of the needs of the State (Hello, Al Franken!)

The power grab of the Commerce Clause would puzzle them. Continue reading

Unethical Times Op-ed Of The Week?

Incredibly, they were all great believers in same sex marriage, a massive federal bureaucracy, and banning coal…

That’s always a tough call, but reliably biased and dishonest Timothy Egan, one of the New York Times deep bench of shameless left-wing ideologues, has a likely winner with his essay, The Founders Would Gag at Today’s Republicans: The cult of Trump has embraced values and beliefs that Jefferson, Washington and Lincoln abhorred.”

To begin with, the trick of claiming that the Founders’ approval or disapproval of any modern day policy or position is intellectually dishonest on its face, unless one is as historically ignorant as a brick, which is what con-artist pundits like Egan is counting on. It reminds me of when Bill Clinton (speaking of con artists) told a crowd that Thomas Jefferson would be shocked to find that Americans today didn’t have national health care. That was the moment I realize that Bill would say literally anything, no matter how ridiculous, if he thought he could reap short-term gains and get away with it.

Needless to say (except that I do need to say it because of fatuous liars like Egan), the Founders would gag at the values and positions of  both Democrats and Republicans,  because they lived in a largely agrarian society 250 years ago. Washington executed a soldier who was caught engaged in homosexual activity. Same sex marriage? Abortion? Transgender rights? The Founders didn’t believe that women should be able to own property or vote: how does Egan dare play the game of cherry-picking the Republican beliefs that they would consider “un-American”? Continue reading

Morning Ethics Warm-Up, 6/10/19: On Chaos, Pots, Bigotry, Hate Speech And Proving the Obvious.

GOOD MORNING!

And hang in there, David.

1. Ethics and Mortality.  My first harsh experience with the random cruelty of life came in 1967, when Red Sox slugger Tony Conigliaro, young, handsome, dating Hollywood starlets, playing for his hometown team and already a local idol while looking like a cinch to have a glorious Hall of Fame career, was hit in the face by an errant fastball thrown by Angels pitcher Jack Hamilton. That moment violently changed the course of Tony C’s  life, which ended with him in a semi-conscious state at the age of 45 after suffering a catastrophic heart attack seven years earlier that left him brain-damaged and disabled. I get choked up every time I think about Tony, but his tragedy taught me hard lessons. Don’t be smug; don’t get cocky. Do all the good you can and make the most of your life as quickly as you can, because random disaster can strike at any time.

I’m not sure that I needed to have that lesson refreshed, especially since it was also a cornerstone of my father’s philosophy that included refusing to worry about what he could not control. Nevertheless, last night came the news that David Ortiz, Red Sox Nation’s beloved “Big Papi,” had been shot in the back in his home town of Santo Domingo.  The assailant was apparently a motorcycle-riding thief (whom bystanders mobbed and held for the police—don’t you love it when that happens?). So far the news on David is promising, but the bullet pierced his stomach and damaged his liver, gall bladder and colon.

Prior to the attack, it would have been difficult to imagine anyone with a better life than Ortiz. He was still young, rich, with a thriving and stable family, recognized everywhere, and universally admired and loved as a symbol of unity and community. Ortiz’s biggest problem, he said in an interview last year, was deciding among the many attractive options  open to him in baseball, business, philanthropy, broadcasting and entertainment.

Well, he’s got bigger problems now.

I just saw an internet poll in which only 54% of the responders knew who David Ortiz is. I wonder how many know about Tony Conigliaro.

I’m depressed now.

2. When trying to defeat Kettle, running Pot may not be the ideal choice. One of the most common mantras of the Trump Deranged is that the President lies so much. One would think, would one not, that this theme would make it incumbent upon those trying to defeat the incumbent to keep their own public lies, hypocrisies and misrepresentations to a minimum. This, apparently, they cannot do.

For a while there the New York Times appeared to have chosen Senator Kamala Harris as its favored candidate for the Democratic Party’s nomination, but the paper shows signs of  concluding, as any objective observer should by now, that she is a loser. Harris also does not have a friendly relationship with facts, as a recent Times “factcheck” of her recent statements on the stump demonstrated.

They didn’t find that any recent contentious substantive statement by Harris were true. They did find that three statements were “misleading” and one was an “exaggeration” (when the Times purported to list all of Trump’s mendacities, fudges, fantasies, exaggerations and misleading statements were referred to as “lies”), but this one they didn’t bother to spin: Harris had tweeted,

“Members of our military have already given so much. Raiding money from their pensions to fund the President’s wasteful vanity project is outrageous. Our service members deserve better.”

This is false, sayeth the Times:

“To build his border wall without the approval of Congress, Mr. Trump will draw from an account for military construction projects, a Treasury Department forfeiture fund and a Pentagon drug interdiction program. He has not announced plans to “raid” military pensions.”

To be fair, most of the Democratic field has been lying at a prodigious rate.

3.  Shut up, RBG. Justice Ruth Bader Ginsburg’s  remarks at a judges conference in New York last week included praise for rookie Justice Kavanaugh for hiring only women for his team of law clerks.  “Justice Kavanaugh made history by bringing on board an all-female law clerk crew. Thanks to his selections, the Court has this Term, for the first time ever, more women than men serving as law clerks,” she said.

Wow, that’s excellent progress, since we all know that men are toxic, rape-prone, violent,  sex-obsessed blights on humanity, as, in fact, Kavanaugh was accused of being at his confirmation by Justice Ginsburg’s fervent supporters. Kavanaugh’s hiring choices appear to have been grandstanding and pandering to the admirers of RBG who called him a sexual predator.  Ginsburg’s comments are bigoted. Why is having women rather than men as clerks intrinsically  wonderful?

4. Again: Progressives neither understand nor support the First Amendment. At last week’ s California Democratic Party Convention, Resolution 19-05.94 read as follows…

WHEREAS, Protecting First Amendment rights is critical, but is also limited to exclude hate speech using the concept that offending statements first should be viewed through the lens of the party experiencing the hate, and that Jews, LatinX, African-American, Asian Pacific Islander, Muslims, Disabilities and LGBTI communities can be targets of oppression and hate speech for a variety of reasons.

It is fair to say that we have been sufficiently warned that progressives believe that only they are qualified to define “hate speech,” which includes, for example , “Make America Great Again” and “The Triumph of the Will,” as well as, to generalize, any speech they find inconvenient.  Such an exception in the First Amendment would permit the Left to muzzle dissent and opposition using the iron boot of the law…which is exactly what they seem to want to do.

Serious question: How can anyone in their right mind trust these people?

5. Just musing here...but is it ethical to spend scarce research funds to prove what is, or should be, obvious? I know, I know: lots of conventional wisdom is wrong, so many things that “everybody knows” turn out to be false when researchers look closely. Still—does the fact that dog-owners get more exercise than those without dogs really need independent confirmation? If I don’t take my Jack Russell Terrier, Rugby, out for a good 45 minute walk, he will do everything short of pulling a gun on me to exact his revenge. (My previous Jack, Dickens, did pull a gun on me once. I’m not kidding.)

Another recent study revealed the shocking conclusion that people who are attractive and conventionally good-looking have an automatic advantage in all aspects of social interaction over those who are not attractive or disfigured. Is there anyone on Earth who doesn’t know that? Beautiful people know it, and rely on it. Ugly people know it because they experience the bias every day.

 

Dead Ethics Alarms+Blackface+Social Media+Spineless School Administrators= One Hopeless Ethics Train Wreck

Constant reader/commenter/master provocateur Michael Ejercito flagged this story for us, and it had already garnered some interesting commentary before I spotted it.  Michael has a distinct style here and is always asking questions that are the equivalent of firecrackers thrown into a wake. He’s one the longest-enduring participants here, and I haven’t let him know sufficiently how much I appreciate what he contributes.Thanks, Michael.

This is a hopeless ethics train wreck at this point, screwed up beyond all repair. I will note the points at which it all could have been avoided, but really, as it is now, it can only get worse. The thing unfolded like contemporary Shakespeare tragedy, in five acts.

ACT I: In Illinois, photos and video  posted to Snapchat, showed a group of white males wearing blackface pulling up to a fast food drive-thru and making denigrating comments about African-American girls. One of the boys is wearing a sweatshirt from Homewood-Flossmoor High School, where all of them were students.

Morons with dead ethics alarms. No high school student in the United States should be unaware that such a prank/stunt/ unbelievably stupid act and self-publishing the evidence of it is almost—but not quite!—the equivalent of maliciously shouting fire in a crowded theater, and thus deliberately tempting others to react emotionally and destructively. I know, teenage boys are too close to sociopaths for comfort, but conduct  like this indicts their parents, their teachers, and the community, as well as them.

Just to be clear, the reason why this is not quite like shouting fire in a crowded theater is that doing that is deliberately inciting a riot, and thus not legal and protected speech. Blackface is offensive speech, but still legal.

ACT II: A former student of the school re-posted the content to her Facebook page, thus ensuring as much damage as possible.  Over a thousand students and others now knew about the blackface episode, and so did the school district.

This is like someone hearing someone whisper fire in a crowded theater when there is no fire, and then shouting what was whispered to maximize the damage. If the student wanted to alert school officials, then she should have done this responsibly and quietly. Doing what she did was intentionally creating an online mob and inciting as much anger and irrationality as possible. The student was virtue-signaling, while magnifying  the harm done by the original jerks. That is malicious.

ACT III: District 233 superintendent Von Mansfield and Homewood-Flossmoor High School principal Jerry Anderson sent out a letter to parents denouncing the “highly offensive and culturally insensitive” posts, saying,

“The social media postings that were seen and heard were not representative of the high expectations we have for all students that attend our school.This type of behavior is contrary to our expectations, is being addressed quickly and appropriately and will not be tolerated.”

What students do and post to social media off campus and unrelated to school personnel and activities is none of the school’s business. They have no obligation to comment on it or disclaim it.  Let me repeat that: What students do and post to social media off campus and unrelated to school personnel and activities is none of the school’s business. Just because school activists, social justice warriors, busy-bodies, victim-mongers and trouble makers want to start shaking their fists and screaming at clouds over what someone else does, student or not doesn’t mean that the school should take the bait. Wearing blackface is 100% legal, in fact, it is Constitutionally protected. So is saying mean things about black girls, Asian girls, white girls, or Martian girls. The letter from the administrators made a tricky problem worse, and that’s not the moronic boys’ fault, nor the trouble-making ex-student’s fault. It’s their fault. They are supposed to be adults, and more competent, responsible, and reasonable than this.

[No, I do not think the fact that one of the students was wearing a school T-shirt made this a school-related act. If one of the students was wearing a Union Jack T-shirt, I would not assume that Great Britain was behind the episode.]

ACT IV: In an effort to urge administrators to take harsh discipline against the students in the blackface episode, nearly 1,000 of the uninvolved students participated in a walkout,  “chanting their demands for justice.” I assume this means that hackneyed “No justice, no peace” chant that I have come to loathe as much as “Hey, hey, LBJ, how many kids did you kill today?”Students don’t get to dictate discipline to administrators. That is known as “letting the inmates running the asylum.” Every one of the students participating in the protest should have been suspended. The parties responsible for students acting like this are the dim-witted and unethical educators who have allowed and even encouraged student holidays to protest gun control and climate policies. Protesting is not part of high school; it isn’t even a valid component of college.

ACT V: The president and vice president of the district’s board of education reacted by sending  out a letter following the walkout, where they condemned the blackfaced students’ conduct  and praising the “speedy response” from Homewood-Flossmoor administrators, which allegedly includes an investigation. The administrators have no right to investigate legal actions engaged in outside of school not involving other students. The parents of the students should tell the school to back off, and hire some tough lawyers to make the point as vividly as possible. “Our children misbehaved, and this is our job, not yours. You worry about education in the school, we’ll worry about how our kids act out of it.”

The letter read,

“The District 233 Board of Education will be revisiting and moving forward with the diversity and inclusion aspects of our new strategic plan, as they relate to cultural awareness and cultural competency training. Homewood-Flossmoor High School will continue to stand against racism, and against insensitive and disrespectful behavior of any kind, and will take the appropriate and necessary actions to ensure that all students are respected, that our differences are embraced and that our unity is celebrated.”

Oh, ugh, yechh, blechh. More posturing and virtue-signaling out of abject cowardice. “Cultural awareness and cultural competency training” sounds like, and almost certainly will be, political indoctrination. I’d like to see 1000 students walk out over that. You can’t dictate that “all students are respected,” and wearing blackface off school grounds isn’t a show of disrespect for students, since it didn’t involve students other than the jerks in blackface. Nor can students be compelled to embrace differences or to celebrate unity, especially when there is only one kind of unity that Big Brother School District will allow to be celebrated, and because you can’t encourage “differences” while demanding unity.

My review of the play? Everybody involved screwed up, acted without considering consequences or proper boundaries. At this point, this mess can not be fixed. If my son was one of the idiots who wore blackface, I would consider,

  • My own protest to the school and the school district, as well as a law suit for demonizing and endangering my son based on his non-school related conduct.
  • Meeting with every administrator involved and explaining in great detail why they are incompetent fools unqualified to train goats, much less educate children.
  • Taking my son out of the school, and either hone schooling him or shipping him off to military school.
  • Making him regret the day he donned blackface for the rest of his youth, telling him that such privileges as driving, having an email account, using social media or having a cell phone would cease until he was living elsewhere and over 18.

Good job, everybody!