Easter Ethics Warm-Up, 4/21/19: As Ethics Lays Some Eggs…

Happy Easter!

1.  A cultural note: there is no discernible Easter programming anywhere on TV, cable or network. Oh, TCM is playing “Easter Parade” and “King of Kings” in prime time, but that’s it. ‘Twas not always thus.

2. Speaking of TCM…Bravo for the classic movie network’s teaming with Fandango to offer big screen presentations of John Wayne’s “True Grit” in May. They could have justifiably chosen many other Westerns equally worthy or more so, like “Shane” or “High Noon.” I like to think that choosing the Duke’s Oscar winning performance is an intentional rebuke to the recent attack on Wayne’s legacy by the social media mob, a true “Fill your hand, you son of a bitch!” to the cultural airbrushers and statue-topplers.

I’ll be there, cheering Rooster on.

3. Other than journalists, have any other professionals debased themselves and their professional integrity more flagrantly that lawyers and law professors in their determination to Get Trump? This article in Slate by a law professor argues that asking or telling one’s lawyer to do something that the lawyer refuses to do—like firing Robert Mueller—can be criminal obstruction of justice. By this theory, every time a client says that he wants the lawyer to assist in an illegal act, it’s a crime.  But that’s not how attorney-client relationships work. The attorney is obligated to say, when appropriate, “No, you can’t do that, and I won’t do that for you, and here’s why.” In the end, it is indistinguishable from the client asking the lawyer’s advice, because clients only have the power to order a lawyer to do a very limited number of things, like accepting a settlement.

The professor’s argument also assumes that Trump firing Mueller would be obstruction of justice. Not only is this unprovable—that would have to be his intent—the President had a perfectly good reason to fire the special counsel, just as he had good reason to fire James Comey. Mueller’s investigation had been tainted many ways, and since Trump knew he was innocent, he saw the exercise as a calculated scheme to make it impossible for him to do his job. Firing Mueller and ending the investigation  would have been really, really stupid politically, but it wouldn’t be obstruction.

This, however, is how desperate “the resistance” is to bootstrap some kind of impeachment theory. Continue reading

Morning Ethics Warm-Up, April 3, 2019: Morning Disillusionment And “Morning Joe”

Good morning!

Since this is an ethics blog, I guess I’ll have to confess that it’s really a lousy morning, since I was up until 1 AM watching the Red Sox lose to Oakland 1-0…

1. From the “Why do I bother?” Files. I’ve been complaining (too much, but it makes me feel better) about the precipitous fall in Ethics Alarms traffic  since the Trump Deranged fled the objective discussions here and Facebook decided to make it impossible to post anything I write. Yesterday, I returned to the periodic theme of teachers facing termination when their naked forms pop up on the web, including the controversial photo in question. Because of that post, and not any of the important Ethics Alarms commentary over the past 12 months that were significant and useful, the blog  had its highest traffic total in more than a year. None of the visitors had anything to say or constructive to offer, of course.

This is undoubtedly why Tucker Carlson’s website routinely includes tabloid style cheesecake features, like—let’s see what it is today—Ah! “Celebrate Amanda Bynes’ Birthday With Her Hottest Looks”! Bynes is a fallen ex-child and teen star who has been out of show-business for years because of emotional illness and drug problems.

Stay classy, Tucker.

2.  How constant political correctness immersion rots even superior brains: A case study. One of the smartest, sharpest, BS intolerant people I have ever known or ever will know just posted this approvingly on Facebook:

I am  depressed. These directives from a Montgomery County, MD sponsored community groups are largely idiotic, and like all word policing, efforts at thought and language control. My friend is a parent of two teens, but I would expect  her, of all people, to send them the lesson that they should never capitulate to this kind of sinister conditioning, which is what it is: “The Collective will tell you what you can and cannot say without sanction! Await further instructions.” Almost all of these are awkward, meaningless distinctions of the ” ‘colored people’ BAD, ‘people of color’ GOOD” variety. Continue reading

Observations On The George Mason Law School Renaming Debacle

Scalia Law School

Summary: On March 31, George Mason University announced that it was changing the name of its law school, which has rapidly risen from marginal status into respectability in the last few years, to the Antonin Scalia School of Law. The reason: a 30 million dollar contribution from the Charles Koch Foundation, a.k.a. the Koch Brothers and an anonymous donor, who made the name change a condition of his or her generosity. This occurring while the various controversies over Scalia’s legacy and the Supreme Court’s deadlock since his passing were still raging guaranteed indignation from many quarters, including many students and graduates of the law school. The internet and social media communities, meanwhile, having the emotional maturity of fifth graders, concentrated its efforts at snickering over the new school’s acronym, which could be ASSoL, and the Twitter handle, #ASSLAW.

The resulting embarrassment led the school’s Dean to announce  that the name of the school was being altered to “Antonin Scalia Law School.”

Comments:

1. Ethics Alarms had a recent post expressing dismay at the willingness of baseball teams to sell the identity of their ballparks to corporations. This is much worse. George Mason is perhaps the most unjustly forgotten of all the Founders, as he was largely responsible for there being a Bill of Rights in our Constitution The fact that George Mason University and its law school has been slowly rising in prestige and visibility had helped to remedy the unjust obscurity of a historical figure to whom every citizen and the world owes a debt of thanks. George Mason’s honor, however, was considered expendable once the school’s leaders knew the price that using the law school for ideological propaganda could bring at a time of sharp partisan division.

2. Rich people have a right to use their money to make others do things that they shouldn’t or normally wouldn’t want to. The issue is whether there are ethical limits to the kinds of actions and conduct money should be used to buy. Rich families have used their assets to defeat true love, paying  unsuitable suitors to leave without explanation. Desperate celebrities have accepted checks to debase themselves on reality shows. Judas was paid to betray Jesus Christ. Where does using one’s millions to induce a university to betray its duties to alumni and students, as well as other donors and the memory of a crucial American patriot, fall on the spectrum?

3. Was George Mason University obligated to accept 30,000,000 dollars under these conditions? Should money supersede all other considerations for an educational institution? No, and no. Allowing the school to be turned into a billboard for conservative jurisprudence did more than simply alter the name. It altered the perception of the law school, the meaning of its degrees, its public image and its ability to attract a wide range of students from diverse backgrounds. If the school’s leadership didn’t comprehend that, it was a stunning example of institutional incompetence and irresponsible decision-making.

4. If the school’s leadership did comprehend the gravamen of the name change and allowing partisan tycoons to bend the school’s management to their will, then the decision was even less defensible. There was an absolute obligation to consult with the stakeholders in this trade-off: students, alumni, and donors. Failing that obligation constituted a stunning breach of trust. Continue reading

Why Future Juan Williamses Will Be Fired, As George Mason Rolls Over In His Grave

College speech codes are the American Left’s special shame, and it the time for them to go the way of parietal hours and mandatory chapel attendance is overdue. There are monstrosities of thought control in schools across the nation, but those in state universities are especially offensive and ominous, since they are in slam-dunk defiance of the First Amendment prohibiting government restrictions on speech. As Barton Hinkle notes in an eye-opening piece in the Richmond Times-Dispatch, not only are state schools stomping on free speech, state schools dedicated to the legacy on the men who wrote the First Amendment are doing it. If there is anything more unethical  than educators stifling thought and the expression of it, that would be it. Continue reading