Noonish Ethics Round-Up, 2/19/2020: That Other Day That Will Live In Infamy…

Hi!

1. On this day in 1942, President Franklin D. Roosevelt signed Executive Order 9066, empowering the Army to issue orders emptying parts of California, Oregon, Washington and Arizona of immigrants from Japan, who were precluded from U.S. citizenship by law, and nisei, their children, who were U.S. citizens by birth. After the order, which was upheld by the U.S. Supreme Court including future liberal icon William O. Douglas, the Japanese-Americans  were first warehoused at “assembly centers,” which could be racetrack barns or on fairgrounds, then shipped to ten detendtion camps in Western states and Arkansas. Armed guards and barbed wire, plus morning roll call were part of the degrading and punitive experience.

It is fair to say this treatment was substantially rooted in racism, for there was no mass incarceration of U.S. residents with ties to Germany or Italy. Once the U.S. appeared to be on the way to victory along with its Allies in December 1944, the Executive Order was  rescinded. By then the Army was enlisting Japanese American soldiers to fight in Africa and Europe. President Harry Truman told the all Japanese-America 442nd Regimental Combat Team: “You fought not only the enemy, but you fought prejudice—and you have won.”

California is now preparing to formally apologize to the families of those interned.State Assemblyman Al Muratsuchi (D-Torrance) introduced a resolution that will formally apologize for California’s “failure to support and defend the civil rights” of Japanese Americans during that period,” and it is expected to pass today.

It’s naked grandstanding and virtue signaling, of course. The federal government apologized for the unconstitutional imprisonment and granted financial redress to survivors with the Civil Liberties Act of 1988, and the Supreme Court overruled its decision  upholding internment in 2018. Continue reading →

Saturday Ethics Warm-Up, 2/15/20: Dresden, Bloomberg, Snopes, Climate Change, And “The Chalkening”

Good Morning…

1. Dresden bombing ethics. February 13-15, 1945 witnessed the Allied firebombing of Dresden, Germany, with the resulting deaths of between 22,000 and 135,000 civilians. depending on whose propaganda you choose to believe. Regardless of the number, the destruction of the German cultural center and questionable military target so late in the war—after its loss in the Battle of the Bulge, Germany’s defeat was just a matter of time—was instantly controversial, and is still intensely debated today.

The attack, which dropped more than 3,900 tons of high-explosive bombs and incendiary devices on the city, destroyed more than 1,600 acres. By all accounts, the human toll was horrific. Lothar Metzger, a survivor, wrote,

We saw terrible things: cremated adults shrunk to the size of small children, pieces of arms and legs, dead people, whole families burnt to death, burning people ran to and fro, burnt coaches filled with civilian refugees, dead rescuers and soldiers, many were calling and looking for their children and families, and fire everywhere, everywhere fire, and all the time the hot wind of the firestorm threw people back into the burning houses they were trying to escape from.

Was the firebombing of Dresden a war crime?  If the Allies had lost the war, it would have become a war crime. As we have discussed here before, the concept of war crimes is confounding and hypocritical at best. If the attacks were deemed essential to ending the war as soon as possible, then they were ethically defensible.

Much of the debate over the years has focused on whether the bombing was terrorism. Of course it was, as were the atom bombs dropped on Hiroshima and Nagasaki, and General Sherman’s March to the Sea. Terror is a legitimate weapon in warfare, when the objective is to destroy the enemy’s will to fight. Attacks on civilians for revenge and to inflict gratuitous death and pain for no legitimate strategic purpose are unethical . The distinction is usually in the eye of the beholder.

Wikipedia has an unusually thorough article on the Dresden attack, and I found this paper interesting as well. Continue reading →

Morning Ethics Warm-Up, 1/29/2020: Dogs, Mike Bloomberg, Joe Biden, D.C., Jimmy Kimmel, Threatening Deplorables And Restricting Rights

Well, dogs are good, anyway…

1. Stop making  dogs defend Mike Bloomberg!…Is there anything too trivial that people won’t use to attack politicians? A CBS News video began circulating online yesterday afternoon showing Michael Bloomberg shaking hands with a man in Burlington, Vermont, then taking his dog’s upper jaw  in his hand and “shaking” the dog’s  snout  He then scratched the dog’s ears. The social media mob called him a dog abuser.

Morons. That’s a move that most dogs enjoy, as well as someone grasping their whole muzzle. It shows Bloomberg is comfortable with and knowledgeable about dogs. I used to do both moves with our 165 pound English Mastiff, and our Jack Russells.

2.  I know this is of interest to almost nobody who isn’t a lawyer, but trust me, it’s a big deal. The District of Columbia has long been the only U.S. jurisdiction that allows law firms to have non-lawyer partners, a structure prevented everywhere else by the general prohibition on lawyers sharing their fees with non-lawyers. When D.C. adopted its revolutionary approach, it assumed that the states would soon follow, with the American Bar Association’s assent. Because that hasn’t happened, a state-licensed lawyer with a D.C. license participating in a legal firm in D.C. could technically be found to  be violating that state’s ethics rules , though the District has negotiated a truce in that potential controversy.

Meanwhile, those special law firms with non-lawyer members are proliferating like legal rabbits. Now  a Jan. 23 press release tells the world that the District of Columbia Bar is taking comments regarding proposed changes to its ethics rules that could allow external ownership of law firms, as well as blended businesses in which lawyers and non-lawyers provide both legal and nonlegal services, like accounting. Or massages–who knows? Right now, law firms by definition can only practice law.

Perhaps even more significantly, California, Utah and Arizona are also studying changes that would relax ethics rules barring non-lawyers from holding a financial interest in law firms. Continue reading →

Ethics Dunce: The North West Hendricks School Corporation

How can organizations, especially schools,  think this kind of thing is acceptable, much less ethical? Who are the lawyers advising these people? Where do they think they’re living?

In Indiana, the North West Hendricks School Corporation’s “ Parent Code of Conduct ” says that parents should not use social media to make “rude or offensive comments” regarding school staff members or the school itself. Parents also cannot use social media to “campaign against or fuel outrage against individual staff members, the school or policies implemented by the school or district.” Violating the policy means that a parent can be removed from the school premises and banned from entering school grounds forevermore.

This is one of those unenforceable provisions that exist to intimidate and deceive those ignorant parents who were so badly educated (perhaps in the North West Hendricks School Corporation ) that they can’t spot an unconstitutional rule when they see one. No public school can tell parents what they can or can’t say on social media. This is a pure First Amendment violation, so blatant that it even roused the local ACLU from its accustomed slumber.

The ACLU of Indiana was asked about its assessment of the restriction on parents’ speech, and  legal director Ken Falk replied,

“I think this is flagrantly unconstitutional. The overarching problem is you have the government saying if we don’t like what you’re saying, we can punish you — but the government is not allowed to do that. That’s why we have the First Amendment.”

The rule has been in the Parent Code since 2016, but nobody reads these things. It is coming to the fore now because the district is currently keeping a teacher on its payroll despite allegations of sexual misconduct toward a student. Some parents have been discussing the situation on Facebook, and wonder about the school’s response. The district made a point of  handing out copies of the Parent Code of Conduct at a December school board meeting, and it was taken by many as a warning. Continue reading →

Friday Ethics Sigh, 12/20/2019: Klobuchar, Buttigieg, Rowling, And An Idiot.

Tomorrow the dreaded tree lights hanging begins….

I’m not a big Sinatra fan, but I’ve always thought it a shame that the two Christmas songs he “owns” are both mediocre: “The Christmas Waltz” and “Mistletoe and Holly (which he co-wrote.) Frank sang the whole canon, of course, and well, but still, Judy Garland owns “Have Yourself A Merry Little Christmas,” Nat King Cole owns “The Christmas Song” (even though Mel Torme wrote it), Bing has “White Christmas” (and others,), Gene Autry has “Rudolph…” and “Here Comes Santa Claus” even after Bruce Springstein stole “Santa Claus Is Coming To Town” away from him, but Ol’ Blue Eyes is second or third best to lesser singers on the really great songs, leaving him with those two wan ditties to call his own. It’s unfair.

1. The social media mobs are after J.K Rowling. Her offense? British Researcher Maya Forstater was fired last year by a London think tank for her “gender critical” views, including the position that “it is impossible to change sex.” Forstater filed a lawsuit earlier this year alleging discrimination, but an employment tribunal in London ruled against her this week, holding that her views were “not a philosophical belief protected” by British law but were instead “incompatible with human dignity and fundamental rights of others. It is also a slight of hand to suggest that the claimant merely does not hold the belief that trans women are women. She positively believes that they are men and will say so whenever she wishes.” The court  added that Forsater held beliefs that are “not worthy of respect in a democratic society.”

No, they don’t believe in freedom of speech or thought in the UK. Remind people of this when they make one of those fatuous “the U.S. is the only developed country in the world that doesn’t do X” arguments. We are special.

Harry Potter’s mom criticized that ruling and said she supported  Forstater: “Dress however you please,”  Rowling  tweeted  to her more than 14 million followers (this makes me want to hurl myself into a shredder, as I desperately try to recover the lost Ethic Alarms followers since 2016). “Call yourself whatever you like. Sleep with any consenting adult who’ll have you. Live your best life in peace and security. But force women out of their jobs for stating that sex is real? #IStandWithMaya.”

Oh, sex, gender, whatever. I know that to trans individuals the distinctions are a matter of honor, identity and self-esteem, and as far as I’m concerned, if an XY individual has changed everything but her chromosomes and wants to be regarded as, treated as and referred to as a woman, I will accommodate her in the interests of comity, kindness, and the Golden Rule. However, if someone as a matter of linguistic or biological rigor (or pedantry) wants to insist that such an individual is still technically female, that’s a legitimate, if unpopular, position.  This is a dispute about manners and definitions, not facts.

The researcher should not have been fired, and Rowling’s tweet was not “transphobic.” Continue reading →

A University Demonizes Diversity Of Thought

The headline in the New York Times last month read, “Indiana University Admits That Professor’s Views Are Vile, And That It Can’t Fire Him.” Nice. First, another party can’t “admit” someone else’s opinions are vile, as if there is a universal standard for “vile.”  Second, the headline assumes that the professor is the villain in this controversy, but then, that’s the Times for you: taking sides instead of reporting the facts.

I apologize for missing this chapter in the ongoing effort to intimidate and persecute anyone whose views do not align neatly with the mandated progressive orthodoxy.  The Times piece in question is dated November 23; not only was that my wedding anniversary, but I was also on an ethics training road trip without a functioning laptop. (I have one now.) I’m pretty sure I would have perceived the need for Ethics Alarms to bring some fairness to the assault on Professor Eric Rasmusen, though, as you will see, he is very capable of defending himself, if he could get a fair hearing (or reading).

The reason he can’t is because the news media has already decided that he should be shunned, as students try to run him out of academia and the marketplace of ideas.

To be clear, Professor Rasmusen is the victim of unethical conduct here, not the perpetrator of it. His “crime,” and it is not supposed to be a crime in the United States or academia, is asserting non-conforming views on his personal blog.  The news media framed the story to undermine Rasmusen by stating as fact that he “used his social media accounts to denigrate women, people of color and gay men.” That is a false and unfair characterization, Rasmusen uses his blog and social media accounts to cover a wide range of topics, often brilliantly, from the perspective of a Christian conservative. Continue reading →

Chris Wallace Is Sincere And Deluded, But To Be Fair, It’s Understandable.

“I believe President Trump is engaged in the most direct, sustained assault on freedom of the press in our history,” Fox anchor Chis Wallace told the audience at an event honoring the First Amendment. “The president’s attacks have done some damage..A Freedom Forum Institute poll this year found 29 percent of Americans think the First Amendment goes ‘too far.’ And 77 percent say ‘fake news’ is a serious threat to our democracy,” Wallace continued.

“Ours is a great profession — maybe the best way to make a living anyone ever came up with. Think of it. We are paid to tell the truth—to cut through all the spin—all the distractions — and tell the American people what is really going on.”

Chris Wallace is a smart guy; I knew him a little when I was a sophomore and he was a senior in the same residential House in college. He’s also a journalist with integrity, the antithesis of stereotypes and smears that are routinely used to delegitimize Fox News reporting, often the only broadcast news source to counter the Left’s propaganda.  It would be weird if Wallace didn’t believe the myth about journalism, given his pedigree (icon Mike Wallace was Chris’s father) and the fact that he was immersed in his father’s world virtually from birth.

So I sympathize, but what an obviously ridiculous statement to make in public, literally from beginning to end! This might be the best example of how “Bias makes you stupid” of all time; I can’t think of a better one. Imagine: Wallace asserts one false position after another, then says “We are paid to tell the truth.” He would be lying, except I’m sure he believes it all. Chris, I’m sure, does try to tell the truth. He is apparently incapable of telling the truth about his friends and colleagues, because he is incapable of seeing it.

Let’s see:

We all have a right to do many terrible, unfair, wrongful and harmful things. People have a right to have children they can’t take care of, for example. They have a right to be unfaithful to their spouses, to misrepresent their affections to partners who think they are loved. Parents have a right to warp the values and education of their children. People have a right to accept jobs that they are unqualified to do well; they have a right not to retire long after they know they have become incompetent. We have a right to be biased, to be prejudiced, and to hate irrationally. We have a right to vote, even if we vote ignorantly and without meeting our duty to be informed citizens. The issue in which this rationalization was raised on Ethics Alarms was a news story about a grandmother who killed her cat and kittens to punish her grandchildren. Yes, she had a right to kill them, for they were her property. A billionaire could buy a great work of art and destroy it on a whim, too. Gratuitous, wanton or cruel destruction of property that others derive joy or practical use from, however, is still unethical.

Yes, we often have a right to do something wrong. Using rights that way, however, is to abuse them.

Wallace is really and truly saying that criticizing how a right is exercised poses a threat to the existence of that right. This is now a reflex defense by journalists, which is itself, ironically, a tactic designed to suppress speech. They want to criticize those they oppose, but criticizing the manner in which they frequently do it—incompetently, recklessly, dishonesty and with bias—is deemed an attack on their right to do it. Chris Wallace is smart enough to understand the distinction, or was, before his bias softened his brain. Continue reading →

Morning Ethics Warm-Up In Vegas, Afternoon Warm-Up In Alexandria, 11/22/2019

Walter Cronkite, Nov. 22, 1963, relaying the shocking news that changed…everything.

Good whatever it is where you are!

1. President Kennedy was assassinated on this date in 1963. He had been President exactly as long as Donald Trump has, and by most measures, President Trump has accomplished more,despite the fact that JFK really did have “the best people.” You might have to go back to George Washington to find a more qualified Cabinet.  By this point in his term, JFK, we now know, had already committed impeachable “high crimes and misdemeanors” notably through his reckless sexual escapades with an Israeli spy and a mob moll, allowing J. Edgar Hoover (speaking of Deep State villains) to blackmail his administration, and perhaps others. Yet the vast majority of the public regards Kennedy as a great President, which shows what a pretty face, an inspiring speaking style, a complicit news media, and getting shot will do for a President’s reputation.

I’d ponder what this nation would be like if Lee Harvey Oswald had missed that beautiful day in Dallas, but that way madness lies, as King Lear like to say.

2.  How many botches can Joe Biden’s campaign take?  The Biden campaign sent out an email about Joe’s performance in the Democratic debate several hours before ithe debate had started. “Did I make you proud?” it began. (I can’t imagine another typical stumble-fest from Biden would make anyone proud, but never mind)

“I’m leaving the fifth Democratic debate now,” It continued. “I hope I made you proud out there and I hope I made it clear to the world why our campaign is so important.”

I wrote about something like this during the 2012 debates, when USA Today published an analysis by a conservative and a liberal pundit over the previous night’s Obama-Romney debate that was obviously written before the debate took place. These things are lies. What should the public take away from learning about them? They should learn that the people involved will deceive them even when they don’t have to.

“You might have just gotten an email from Joe about just getting off of the debate stage,” the rapidly deployed statement from the embarrassed campaign said.  “That’s our bad, team. We know Joe is going to make us proud tonight. We were just so excited for it that we accidentally hit send too soon,” they added.

Huh? If the message was written before the debate but pretended that it was written after the debate, it is a lie regardless of when it is sent. Continue reading →

Two Ethics Dunce University Presidents Who Should Be Fired

Hateful!!!!

They are…

Western Connecticut State University  President John Clark, who asked for the community’s help identifying students—if they were students— who distributed what he called “hate filled flyers and inscriptions on our university property.” These were more of the 4Chan-inspired “It’s OK to be white” and “Islam is right about women” trolling devices.

“I wanted to assure you that a full scale police investigation is underway,” Clark wrote, stating that the FBI, state police and municipal police were reviewing surveillance footage iand grilling those  “who may have witnessed any of this despicable and utterly unacceptable behavior.” In full grandstanding and virtue-signalling mode, Clark declared that any WCSU community members identified as responsible for  the flyers  “will be subject to the severest disciplinary actions, including dismissal as well as possible civil and criminal actions.”  He described the flyers’ message as “disgusting,” “hateful,” “virulent,” “sick and outrageous.”

“It’s OK to be white.”

The Horror. Continue reading →

From The Anti-Freedom of Speech Files: UConn And The Connecticut Hate Speech Law

The University of Connecticut  chapter of the NAACP is circulating a video that  shows two students walking through a parking lot blithely shouting out “nigger.” It also sent out a tweet stating, “If you have any information about this racist recording at UConn, please email naacpuconn1909@gmail.com We will not tolerate racist behavior on this campus.”

To make a relevant point at the outset, this is not “racist conduct,” but racist speech at most. Racist speech is constitutionally protected (that First Amendment thingy), but you wouldn’t know it from the Connecticut  law the two students have been charged with violating. It decrees:

Any person who, by his advertisement, ridicules or holds up to contempt any person or class of persons, on account of the creed, religion, color, denomination, nationality or race of such person or class of persons, shall be guilty of a class D misdemeanor.

Ridiculing individuals based on gender or sexual orientation is apparently just fine, though: it’s an old law.  The  charge is punishable by a maximum of 30 days in jail, a fine of up to $50, or both.

Jarred Karal and Ryan Mucaj, the two idiots involved, face  possible expulsion from UConn for violating the school’s code of conduct. That’s a separate issue. A school has a right to make reasonable demands on student comportment, and civility, but what is “reasonable” is an ethical gray area. If the students thought they were alone, for example, I am not sure that a state school should be able to punish them. These morons were just shouting the offensive word into the air. Can they be punished for saying “nigger” in their dorm rooms, when they are alone? If the campus NAACP’s circulation of the video is what is disrupting the campus, why isn’t that a punishable offense? The NAACP circulating the video upset and offended more students than the parking lot shouts. Continue reading →