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

Unethical Quote of the Week (Newtown Massacre Ethics Train Wreck Division): Ed Rendell

“The good thing about Newtown is, it was so horrific that I think it galvanized Americans to a point where the intensity on our side is going to match the intensity on their side.”

former Pennsylvania governor Ed Rendell, enthusiastically becoming the latest passenger of the Newtown Massacre Ethics Train Wreck

discouraged

“Phooey! If only a few more kids had been shot, we’d really have the NRA on the run!”

The shocking thing about this is that unlike Piers Morgan, Alex Jones, Andrew Cuomo, and most of the other public figures who have boarded lately, Ed Rendell is usually a responsible individual in word and deed. His statement, however, is as indefensible as it is cynical.

  • Needless to say (I thought), there can be nothing good about a gunman killing twenty small children.
  • Following Ed’s logic, another school massacre, preferably of even more kids, is just what the anti-gun movement needs. Ha! Now we’ve got you, NRA! Continue reading

Ethics Quiz: Two Lame Excuses

Donald Kaul. In his dreams,

Donald Kaul. In his dreams.

 

A newspaper columnist and an ESPN commentator both reaped the wild wind last month after statements in a column and on a televised panel that many, including me, took as irresponsible, unprofessional and worse. I wrote here about the column, a diatribe in Iowa’s Des Moines register by veteran Donald Kaul against guns, gun owners, the NRA and any politician who supported them. The panelist was ESPN’s Rob Parker, whom I didn’t write about simply because his racist rant against Redskins quarterback Robert Griffin was so obviously wrong that there was nothing much to say about it. If you missed it, African American Parker questioned Griffin’s bona fides as a black man because, among other offenses, he appeared to be a Republican and has a white girlfriend. I would have had a lot to write about ethical double standards if ESPN hadn’t finally fired Parker after suspending him, but he was let go yesterday.

Both Kaul and Parker now claim they were misunderstood, and thus treated unfairly. Kaul, who has been backed by his paper in an editorial, claimed in a recent column that his universally derided piece was obviously satire, and implying that anyone who didn’t catch the twinkle in his eye is illiterate:

“Gun owners seemed particularly upset at the suggestion that Boehner and McConnell be dragged [ by “a Chevy pickup truck… around a parking lot until they saw the light on gun control” ].The tactic, which dates back to the days of lynch mobs, became a more modern nightmare in the wake of the 1998 dragging murder of James Byrd by white supremacists in Texas. Many of the people I heard from said I should be arrested for threatening federal officials, and one said he had personally reported me to the FBI. Let me say this about that: That wasn’t a suggestion to be taken literally. I don’t believe Boehner and McConnell should be dragged. I was using it as a metaphor for making politicians pay a price for their inability to confront the gun lobby. It’s a literary device.

“Think of Jonathan Swift’s “A Modest Proposal,” written 200 years ago, in which he suggested that the Irish famine could be relieved if babies of poor families were confiscated at 12 months and sold to rich people, who could eat them. Swift, an Irishman, didn’t mean that literally. It was a satiric device to underline the misery that had been visited on the Irish by their English landlords. So too with my dragging of the Republican leaders.”

Yes, this hateful hack just compared himself to Jonathan Swift.

Parker, meanwhile, takes a different route: he tries that old stand-by, “it was taken out of context.”  He told an interviewer he was shocked at the uproar his comments caused, saying,

“I mean, looking back at some of the comments, I can see how some people can take it out of context and run with it, but the response, and what happened over the past 30 days and everything was just shocking.”

Really. Well, here is the video of Parker’s attack on RG III. Tell me in what context such remarks would be considered appropriate, and not racist and mind-blowingly stupid:

https://www.youtube.com/watch?v=pKTpj3QNR3U

Your Ethics Quiz Question:

Which of the two defenses, Kaul’s “It was satire!” or Parker’s “It was taken out of context!” is more unethical, unethical in this case meaning, “a pathetic lie and an insult to the intelligence of everyone who hears or reads it”? Continue reading

Update: Six-Year-Old Deadly Finger-Shooter Exonerated! (But It Doesn’t Matter)

 

Montgomery County school officials really think this picture is relevant to this story!

Montgomery County school officials really think this picture is relevant to this story!

Responding to community and media pressure, not to mention internet, radio talk show and cable TV ridicule, school officials in Montgomery County rescinded the suspension of a 6-year-old Silver Spring boy who they said had endangered the school when he pointed his finger like a gun.  I think the harm is done, and the fact of the suspension is signature significance that the administrators lack judgment, reason and proportion.

We learn some new facts in the Post story. The boy had apparently been reprimanded for using objects as imaginary guns in class, so there was an element of legitimate discipline in his punishment. There is some controversy over whether he may have said “Pow!” when he pointed his finger. If anyone thinks that should make any difference whatsoever, please sit in the back of the class with the silly Montgomery County administrators. Sure…saying “Pow!” makes that finger-gun even more realistic.

Idiots. Continue reading

Why The Gun Debate Is Irresponsible, Part 6,798: We’re Not Discussing Gun Laws That Address THIS Kind of Conduct

Facebook gun

There are some strangely missing laws that would prevent many gun deaths, by making the irresponsible handling of guns illegal. They wouldn’t be opposed by the anti-gun lobby, I hope, because they have nothing to do with restricting gun ownership and possession. They are simple, obvious, and consistent with jurisprudence in other areas of the law. Yet nobody is talking about these measures, because the debate has already been pitched at a hysterical level characterized by over-reach, exaggeration, demonization and polarizing rhetoric. When a policy controversy reaches this decibel level, nobody listens, and nobody can think. Everyone adding to the volume—grand-standing politicians, screaming talking heads, phobics on one side (“ARRRRH!!! GUUUUNS!!!) and paranoids (“They want to take our guns and make us their slaves!!”) is responsible for keeping rationality at bay, and contributing to future tragedies like this one:

From The Mail Online…

“A 19-year-old woman accidentally shot dead her brother while posing with a gun for Facebook photos on New Year’s Eve. Manuel Ortiz died instantly after being shot in the head at about 6am on Monday morning….Police said 22-year-old Ortiz and his sister Savannah Ramirez arrived back at the home they shared on New Year’s Eve after spending the night drinking. They were with two other people when someone in the group pulled out the handgun to take photos with it.

“As the 19-year-old posed and played around with the weapon it went off striking Ortiz in the head… He was pronounced dead at the scene.

“It is not known if the group knew the handgun was loaded….

“Police say she has been questioned and released pending further investigation in the case….Phoenix Police Sgt Steve Martos said the victim’s sister would likely be charged with manslaughter if tests conclude she had alcohol in her system.”

What’s wrong with this story? Continue reading

Some Ethics Observations On A Ridiculous Sean Hannity Segment

http://www.youtube.com/watch?v=yXOO7kWyNME

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

The Montgomery County Finger-Gun Massacre of 2013: Who Didn’t See THIS Coming?

And speaking of the Curmies…

If finger guns are made illegal, only those with fingers will have guns. No, wait..if finger's that can be be made into guns are illegal, only criminals will have fingers. No, that can't be right...

If finger guns are made illegal, only those with fingers will have guns. No, wait..if fingers that can be made into guns are illegal, only criminals will have fingers. No, that can’t be right…Stop me when we made our kids dumb enough…

Take post-Sandy Hook hysteria, add school no-tolerance idiocy, mix well in one of the most knee-jerk liberal communities in the nation, and what do you get?

A six-year-old in Maryland’s Montgomery County suspended from school for making a finger and thumb gun gesture, of course.

The NBC story concentrates on  “whether the boy understands the implications of the gesture.” What implications of the gesture? That he is about to shoot bullets out of his finger? That he intends to kill someone with all the firepower an unarmed 6-year-old can muster? That he is making a mimed reference to a Connecticut school massacre he probably doesn’t know a thing about? Why should it matter what his “intent is? It’s a hand gesture! It isn’t vulgar or threatening except to silly phobics in the school system.

This is, in order of importance,

  1. Child abuse. This young boy is being treated like a wrongdoer because the adults around him are acting like babies. Will they suspend him for making really scary faces next? Biting his pizza slice into threatening shapes?
  2. Proof of incompetence on the part of the school administrators. Why incompetence? They are stupid, that’s why. Only certifiably stupid people would think it is fair, sensible or reasonable to punish a First-grader for making a gesture kids have been making on playgrounds for hundreds of years, without a single casualty.
  3. Why many people lose respect for anti-gun zealots early in life. They forfeit all respect by acting like ninnies.

The dismaying aspect of this is ridiculous episode is that it has happened before in other schools, and clearly the message wasn’t sent clearly enough to the previous offenders–that is, the fools who victimized innocent children for miming, drawing or otherwise suggesting guns—that this kind of conduct is a career-ender. It should be; it has to be. Such irrational fearfulness, bad judgment, panic, disregard for the sensibilities of the young, lack of proportion and brain dysfunction forfeits all right to trust, and such fools must not be allowed to have power over young bodies and minds.

UPDATE: The school rescinded the suspension.

Hollywood’s Ridiculous Hypocrisy on Guns

"Say hello to my little friend! And while we're on the topic of guns, don't you think it's time to be sensible about gun control?"

“Say hello to my little friend! And while we’re on the topic of guns, don’t you think it’s time to be sensible about gun control?”

In a move stunningly unconscious to outrageous hypocrisy, the group “Mayors Against Illegal Guns” have posted a video on on its website and Youtube (of course), featuring an impressive array of solemn Hollywood celebrities chiding Americans for not doing something about guns “yesterday” and to “demand a plan” to end gun violence. The problem? Many of these same celebrities owe their presence on the video to Hollywood’s obsession with gun violence, without which they would be just anonymous pretty faces. They owe their mansions and private planes to that gun violence too, which they have happily, willfully and lucratively acted out in scores of violent films and television shows. How can they presume, given how they make their living, to lecture anyone on the topic of guns?

I have some theories. Many of them are dumb as bricks. Most of them are automatic co-signers of the manifesto for any cause branded as liberal, the Hollywood religion,and don’t bother to think about whether it is consistent with their life choices or not. Probably all of them, working every day in one of the most ethics-free, cut-throat, dishonest and hypocritical sub-cultures that has ever existed in the United States are completely numb to the concept of hypocrisy, as apparently are the mayors, who work in the culture of politics, which is only somewhat better. 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

Unethical Quote of the Week: Howard Kurtz

“Gun owners often say they want the government to leave them alone; why then are some clamoring for Gregory to be prosecuted?”

—-CNN Media ethics watchdog Howard Kurtz, in a column defending “Meet the Press” host David Gregory’s on-air violation of a D.C. gun law

Wait...WHAT???

Wait…WHAT???

This is quite a spectacle, a real time unraveling and self-discrediting of a media ethicist because of biases he either cannot resist or doesn’t detect. Kurtz’s core ethical fallacy in ridiculing calls for Gregory to be held to account for a knowing, intentional, blatant and broadcast breach of a criminal law is so obvious it is stunning that he cannot see it. Kurtz is arguing that the law shouldn’t be enforced against law-breaking journalists “practicing journalism,” because they are special and deserve to be privileged, and because journalism is so important that it trumps the law. This is offensive to fairness, equality and justice, but because Kurtz is himself a journalist, he cannot see how intrinsically unethical his position is. He cannot see the most basic conflict of interest of all, self-interest, in himself. Continue reading