Morning Ethics Warm-Up, 10/18/2017: Welcome To My World! Special Legal Follies Edition

Good Morning!

1  Oh, let’s begin the day with Roy Moore, the former Alabama judge and present wacko whom Alabama Republicans voted to represent the GOP in the 2018 U.S. Senate election, thus proving that there are a lot of deplorables in the state. As was completely predictable given his record, Moore recently told his drooling followers (after being introduced by Abraham Hamilton, Alexander Lincoln being unavailable),

“Somebody should be talking to the Supreme Court of the United States and say, ‘What gives them a right to declare that two men can get married?. . . Tell the Congress: Impeach these justices that put themselves above the Constitution. They’re judicial supremists and they should be taken off the bench.”

Comments Jonathan Turley,

So Moore believes that he should not have been removed from the bench for putting his personal religious beliefs above the Constitution, but justices should be removed if they interpretation the Constitution in a way that contradicts his religious beliefs.  This, he insisted, would ‘solve the problem….such a view would violate not just fundamental principles of judicial review but it would violate the impeachment clause.  As the last lead counsel in a judicial impeachment case (in defense of Judge Thomas Porteous), Moore’s view is deeply troubling.  As I have previously written, the Good Behavior Clause of Article III was designed to protect the independence of the judiciary and insulate it from political pressures.  It was meant as a guarantee of life tenure against precisely the type of threat that Moore is endorsing. 

But it’s pointless to make genuine legal and historical arguments against someone like Moore. He’s a theocrat, a fanatic, a bigot and a demagogue. The Republican Party should endorse his opposition and campaign against Moore. This fiasco is their fault, and someone like Moore should be kept out Congress at all costs.

2. Now to someone who is, incredible as it seems, somewhat less ridiculous, this gentleman, Christopher Wilson…

 

No, that’s not a botched tattoo on his forehead: the blurry words are “fuck” and “sluts”, making the whole, eloquent message, “I’m a porn star. I fuck teen sluts.” This roughly translates into  “Look at me! I’m an idiot!”  The newspapers that refused to print the blurred words (the police had the mugshot altered) that are essential to the story, meanwhile, are telling us, “We don’t understand our profession.” The story is incomprehensible if the actual words aren’t clear, literally or figuratively.  Fox News and the NY Post, for example, say, “The Cincinnati man has the words “I’m a pornstar” tattooed on his forehead” and “another vulgar message” tattooed below.” Since the issue is whether the message on his FACE is going to prejudice the jury in his trial for sexual assault, this is juvenile coverage omitting key information to avoid “giving offense.”

Ethics Alarms to the news media: Grow up.

Turley (again…he loves the tattoo stories) writes,

“The court will be left with a question of whether the tattoo is too prejudicial or whether it is unavoidable as a personal choice of the defendant….Yet, these tattoos contain an admission to the crime at issue in the trial.  In the end, a judge could legitimately conclude that this falls into the category as bad choices bringing even worse consequences.”

What? First, the defendant is not charged with fucking teen sluts while acting as a porn star. That conduct could well be consensual and legal.  Turley is also wrong that the judge could “legitimately” allow the jury to see his message. In both cases involving a defendant’s prejudicial tattoos, the judges agreed that they had to be made invisible, in one case using make-up… Continue reading

Ethics Alarms Encore: “The Inconvenient Truth About The Second Amendment and Freedom: The Deaths Are Worth It”

[ I wrote this piece in 2012, in response to the reaction at the time from the Second Amendment-hating Left to the shocking murder-suicide of of the Kansas City Chiefs’ Jovan Belcher. Jason Whitlock, then a thoughtful sports columnist iin KC, wrote a much linked and publicized column calling for private ownership of guns to be banned. I was going to update my post, but decided to just put it up again. Some of it is obviously dated (the reference to juvenile Carl in “The Walking Dead,” for example), but I have re-read it, and would not change a word of its substance.]

The shocking murder-suicide of of the Kansas City Chiefs’ Jovan Belcher has once again unleashed the predictable rants against America’s “culture of guns” and renewed calls for tougher firearms laws. Yes, reasonable restrictions on firearms sales make sense, and the ready availability of guns to the unhinged, criminal and crazy in so many communities is indefensible. Nevertheless, the cries for the banning of hand-guns that follow these periodic and inevitable tragedies are essentially attacks on core national values, and they need to be recognized as such, because the day America decides that its citizens should not have access to guns will also be the day that its core liberties will be in serious peril.

Here is Kansas City sportswriter Jason Whitlock, in the wake of Belcher’s demise:

“Our current gun culture ensures that more and more domestic disputes will end in the ultimate tragedy and that more convenience-store confrontations over loud music coming from a car will leave more teenage boys bloodied and dead. Handguns do not enhance our safety. They exacerbate our flaws, tempt us to escalate arguments, and bait us into embracing confrontation rather than avoiding it… If Jovan Belcher didn’t possess a gun, he and Kasandra Perkins would both be alive today.”

I don’t disagree with a single word of this. Yet everything Whitlock writes about guns can be also said about individual freedom itself. The importance of the U.S. “gun culture” is that it is really individual freedom culture, the conviction, rooted in the nation’s founding, traditions, history and values, that each citizen can and should have the freedom, ability and power to protect himself and his family, to solve his or her problems, and to determine his or her fate, without requiring the permission, leave or assistance of the government. Guns are among the most powerful symbols of that freedom. You can object to it, fight it or hate it, but you cannot deny it. Guns are symbols of individual initiative, self-sufficiency and independence, and a culture that values those things will also value guns, and access to guns.

Whitlock’s statement argues for building a counter-America in which safety, security and risk aversion is valued more than individual freedom. There is no doubt in my mind, and the results of the last election confirm this, that public support for such a counter-America is growing. The government, this segment believes, should be the resource for safety, health, financial well-being, food and shelter. It follows that the government alone should have access to firearms. This requires that we have great trust in central government, a trust that the Founders of the nation clearly did not have, but one that a lot of Americans seem ready to embrace. Giving up the right to own guns and entrusting government, through the police and the military, with the sole power to carry firearms represents a symbolic, core abandonment of the nation’s traditional commitment to personal liberty as more essential than security and safety. I would like to see the advocates of banning firearms admit this, to themselves as well as gun advocates, so the debate over firearms can be transparent and honest. Maybe, as a culture, we are now willing to make that choice. If so, we should make it with our eyes open. Continue reading

Comment Of The Day: “Sarcasm-Tainted Observations On The Milwaukee Riots”

Milwaukee rioting

Chris Marschner, a grandmaster of the Ethics Alarms Comment of the Day feature, issued another deserving one with his thoughts on the Milwaukee riots. It is a highlight of the threads generated by this topic, but there are many other highlights amid the 90+ comments, including an Alamo-like stand against overwhelming odds (and logic) by that prolific, embattled, and adamant EA progressive, deery. The whole discussion is well worth reading. Deery also authored the comment that inspired Chris’s response below.

Here is his Comment of the Day on the post, “Sarcasm-Tainted Observations On The Milwaukee Riots”:

For the life of me I cannot see how any rational human being can justify rioting and the looting businesses because they feel they are owed something for being “oppressed”. What the hell did the gas station or auto parts store do to them? Does that case of Cheezits being carried out of the store address all of your complaints, or is it just a partial down payment on a never ending invoice for the injustice you perceive? Sorry I have no sympathy for anyone who had myriad opportunities to become educated in a manner that would permit them to read, write, perform arithmetic calculations, and just plain think.

No amount of funding can overcome community apathy. Especially, when apathy is the root cause of the need for funding in the first place. The community needs to recognize that if it wants things to be different then it needs to come to grips with the idea that they must take on the lion’s share of the work to enjoy a better life; it cannot be bestowed upon them. It must pool its own resources first before it requests resources from others. It must demonstrate that it is committed to being responsible for the work of changing the situation. Any one who thinks jobs and opportunities will simply emerge with more government spending in areas that suggest crime is rampant needs his/her head examined. No amount of tax abatement will overcome the cost of rebuilding a business that has been burned to the ground. It should be noted that the police did not spray paint tags all over other people’s buildings. It’s not urban art, it’s vandalism. The police did not create the need for security grates over the glass windows of shops. The police did not throw litter all over the street and dump furniture and tires wherever they pleased. More importantly, within the BCPD, the officers charged with various felonies while on the force were predominantly non-white so it not always a racial issue.

I grew up in Baltimore City. I lived there from 1956-1989. I went to Balto. City public schools (BCPS). I went to Woodbourne Jr. High and graduated from Northern High in 1974. Both schools were integrated and each had its share of bad actors be they white or black. In those days black parents wanted to keep their kids away from the “element”. I don’t think that is the case today. Today we celebrate the gangsta persona.

I was neither a star pupil nor a bad student. What I did learn from my father was that college was not something I could ask for help with and no school counselor ever suggested that I consider college. I saw the battles my older brother went through to get him to fill out the financial information on the financial aid applications. My father hated to disclose his income. Perhaps it was because he felt inferior to what others made or maybe he just did not like the idea of getting government assistance. I don’t know. I just learned not to ask about college. To this day I don’t remember either parent talking to me about college except for when I was in 8th grade and I could not pass the foreign language class which was required for college prep.

I did not go to college immediately after high school. Ironically, both my parents were Baltimore City Public School teachers for much of their lives. My mother who taught English was known as that white honky bitch at Northern Parkway Junior High. That’s what the parents called her when she called them to discuss a student’s lack of progress. She got called that a lot. I saw the tears of frustration.

Continue reading

Comment of the Day: “Can Anyone Analyze The Orlando Mass Shooting Objectively?”

gun control nation

I was thinking about re-posting an essay here from 2012, when Humble Talent, one of Ethics Alarms’ most prolific and thoughtful participants, filed this comment on today’s observations about the post-Orlando shooting. Not to be a spoiler, but this quote at the end is simply a fact:

“What I’ve settled on, and this might be defeatist, but what I’ve settled on is that this is the price we pay for freedom. 3000 gun deaths a year In a population of 350,000,000 is the cost of freedom, and objectively, it’s probably even a good trade, even if subjectively it tastes like ash.”

In 2012, I reached the same conclusion:

“The right to be free creates the opportunity to be irresponsible, and ethics is the collective cultural effort to teach ourselves, our children and our neighbors not to be irresponsible without having to be forced to be responsible at gunpoint, with the government holding the gun. I know it seems harsh and callous to say so, but I am not willing to give up on ethics—the belief that enough of us can do the right things even when we have the freedom to do the wrong things—to prevent the occasional school massacre or murder-suicide.”

We’re both right. The right to arm ourselves is at the beating heart of American democracy, and those who would eliminate it understand neither the right, nor the United States.

Here is Humble Talent’s Comment of the Day on the post, “Can Anyone Analyze The Orlando Mass Shooting Objectively?”

I’m so… tired. I called it… I called it all: Terrorist attack on American soil, big, guns, Trump’s gamble paid, Islam, ISIS, Allahu Akbar, gay people targeted for being gay. I’ve never been so depressed at being so right. Continue reading

Comment Of The Day (A Deft Rebuttal!) : “Comment of the Day: ‘From The Signature Significance Files: Trump And The Teleprompter. Seriously, How Can You Even Consider Voting For A Guy Like This?”’

mcdonalds drive-thru

I posted Fattymoon’s lament regarding the state of America’s culture, politics and prospects late last night, and yet another deserving Comment of the Day arrived in record time, this morning at 8:41 PM.

Here is Tim Hayes’  rebuttal to FattyMoon’s Comment of the Day in response to “From The Signature Significance Files: Trump And The Teleprompter. Seriously, How Can You Even Consider Voting For A Guy Like This?”

(THE MANAGEMENT FULLY AGREES WITH AND ENTHUSIASTICALLY ENDORSES THE OPINION EXPRESSED HERE.)

“To this very day I call for armed revolution and don’t give a fuck who knows it. Maybe Homeland Security will make me a return visit at one in the morning. But, this time, I ain’t inviting them in. Ain’t got no guns”

This statement, right here? This is the symptom of so damn many of the problems facing our country right now. I’m not saying that to attack FM as an individual, here, but rather to reject a representative of a mentality that provokes the gnashing of teeth and tearing of hair. So please, when reading this post, understand that all directed comments towards a “you” are directed towards anyone sharing that mentality, not at a specific individual.

You call for armed revolution, but you don’t have arms with which to join one.

You call for changes to who is elected to office, but you then say “but I only voted twice” with the clear implication that you’re not to blame for how things are.

Continue reading

More Oscar Ethics: Ethical Quote (Graham Moore) and Unethical Quote (John Legend) Of The Month

“When I was 16 years old, I tried to kill myself because I felt weird and I felt different, and I felt like I did not belong. And now I’m standing here, and so I would like this moment to be for this kid out there who feels like she’s weird or she’s different or she doesn’t fit in anywhere: Yes, you do. I promise you do. Stay weird, stay different, and then, when it’s your turn, and you are standing on this stage, please pass the same message to the next person who comes along. Thank you so much!”

—-Graham Moore, 2015 Oscar winner for best adapted screenplay for the movie “The Imitation Game,” in his acceptance speech.

“We live in the most incarcerated country in the world. There are more black men under correctional control today than there were under slavery in 1850.”

John Legend, accepting the 2015 Oscar for Best Song for “Glory” from “Selma.”

Legend’s statement is technically accurate, but misleading in many ways, inflammatory, destructive, and irresponsible.

When you heard it, did you make the distinction between “in prison” and “under correctional control”? Most didn’t—I didn’t— and that was intentional. This is deceit. Correctional control  includes those in prisons, but also those in jails awaiting trial or serving short local sentences; those on parole; and others on probation.  Like all the fake and misleading statistics that fly around, this one is inflated to induce a “Wow!”  A person under probation or parole can live a completely normal and free life, if he or she can avoid breaking the law and some extra rules. Slavery it’s not. Continue reading

Remember The Guy Who Wanted To Get The Giant “Murder” He Had Tattooed On His Own Neck Removed Because It Would Prejudice The Jury In His Murder Trial? That Was NOTHING. What Does A Criminal Defendant Do Who Looks Like THIS???

Caius Veiovis

The charming face above belongs to Caius Veiovis, 33, an artist, one might say, who uses his face as his canvas, but who also is charged in Massachusetts with kidnapping, torturing and murdering three men. Now, we are told, his defense attorney is arguing that someone who not only looks like demon from hell but clearly wanted to represent himself to the world this way cannot get a fair trial because, biased fools that jurors are, they might hold Veiovis’s looks against him.

I think it’s fair to say that mad wag Caius finally provides the reductio ad absurdum of the issue I raised here in April, as Kansas murder defendant Jeffrey Chapman petitioned to have the court allow him to remove the giant tattoo that spells out the word  MURDER he  intentionally had inked around his neck, also to avoid prejudice by the jury. He was allowed to do so, citing as precedent the case of this guy,

murderers tattoos2

…who made the state pay to have a Hollywood make-up artist cover up his tattoos even though the idiot had them put on him while he was awaiting trial.
Continue reading

The Inconvenient Truth About The Second Amendment and Freedom: The Deaths Are Worth It

carl-with-a-gun-The shocking murder-suicide of of the Kansas City Chiefs’ Jovan Belcher has once again unleashed the predictable rants against America’s “culture of guns” and renewed calls for tougher firearms laws. Yes, reasonable restrictions on firearms sales make sense, and the ready availability of guns to the unhinged, criminal and crazy in so many communities is indefensible. Nevertheless, the cries for the banning of hand-guns that follow these periodic and inevitable tragedies are essentially attacks on core national values, and they need to be recognized as such, because the day America decides that its citizens should not have access to guns will also be the day that its core liberties will be in serious peril.

Here is Kansas City sportswriter Jason Whitlock, in the wake of Belcher’s demise:

“Our current gun culture ensures that more and more domestic disputes will end in the ultimate tragedy and that more convenience-store confrontations over loud music coming from a car will leave more teenage boys bloodied and dead. Handguns do not enhance our safety. They exacerbate our flaws, tempt us to escalate arguments, and bait us into embracing confrontation rather than avoiding it… If Jovan Belcher didn’t possess a gun, he and Kasandra Perkins would both be alive today.”

I don’t disagree with a single word of this. Yet everything Whitlock writes about guns can be also said about individual freedom itself. Continue reading

Unemployment Check Ethics: “The Ethicist” Gets It Right

I regularly check the competition, and “The Ethicist,” Ariel Kaminer, has been solid lately. This past week, she avoided falling into a trap that I am certain her predecessor, Randy Cohen, would have charged into.

The questioner asked Kaminer whether it was unethical “for a relatively wealthy person” to receive unemployment checks, even if he or she met  the requirements. Moreover, “Is the answer different in times like the present, when government resources are extremely strained?” Continue reading

The Shannon Stone Tragedy Ethics Quiz, Part II

Don't try this if you're not a firefighter

 Many commenters were upset with me for characterizing the tragic death of Shannon Stone, who fell to his death while trying to catch a ball during a Texas Rangers game, as the result of his own bad judgment, suggesting that I was impugning the character of a dead man. (I wasn’t.) That reaction sparks the second Ethics Alarms quiz question relating to the incident.

NBC baseball blogger (and lawyer) Craig Calcaterra put up a post this morning headlined “Idiot nearly falls from the stands chasing a ball at the Home Run Derby”:

“Just days after Shannon Stone died from a fall while reaching for a baseball at a Texas Rangers game, a fan at last night’s Home Run Derby nearly fell out of the outfield stands while lunging for a home run ball hit by Prince Fielder.  He was spared serious injury or death only because his friends grabbed him by his feet, held him and then pulled him back as he dangled over the railing above a concrete deck 20 feet below…His name is Keith Carmickle, and common sense is not his forte. His fall came after he stepped up onto the narrow metal table which abutted the railing — the kind you stand in front of and set your drink on while watching the game — and then, while still standing on it, reached down low to catch the ball as it came in…He missed the ball, but his momentum carried him forward and he fell headfirst over the rail. If it wasn’t for his brother’s and his friends’ quick action, down he would have gone. Despite his idiocy, he (a) escaped this dangerous situation of his own making unscathed; and (b) was allowed to stay at the Derby by security. Both of these factors have been added to the “evidence that there is no God and/or that He is not just and fair” side of the big ledger I keep on my desk and in which I tally the wonder and folly of Humanity as I encounter it…”

Your questions to answer, if you dare: 1) Is it fair for Calcaterra to call Carmickle an idiot, and Stone just a random victim of circumstance? 2) Why or why not? Continue reading