privacy

Great Moments In Totalitarian Hypocrisy: Stanford Law Students Who Proudly Shouted Down A Federal Judge Want Their Names And Images Removed From News Reports

/ Jack Marshall / 5 Comments

Of course they do!

This reminds me that one of the epiphanal moments in my philosophical development was when the fellow students at my college who took over a building, rifled though records, precipitated a riot and the shutting down of classes that I had every right to attend, included among their demands to allow the school to re-open their immunity from any discipline or adverse consequences whatsoever. At that moment I learned what kind of ethical principles revolutionaries respected: none. I never forgot that lesson, and nothing has occurred in the intervening years to alter my assessment.

Hilariously, the same students who posted the names and faces of the Stanford Federalist Society all over the school prior to disrupting its program featuring a conservative Federal judge’s remarks are now demanding anonymity from the Washington Free Beacon, the conservative news source that has thoroughly covered the law school’s disgrace. “They say we’ve violated their right to privacy by identifying them. You can’t make it up,” tweeted Aaron Sibarium, a Free Beacon reporter.

Well, you don’t have to make it up; the demand was completely predictable and in character with today’s mutant breed of progressive totalitarians.

The school’s chapter of the National Lawyers Guild, the far-left force behind the exercise in the Heckler’s Veto handled so atrociously by the Stanford staff papered the school’s hallways prior to U.S. Circuit Court Judge Kyle Duncan’s scheduled speech with the names and photographs of the Federalist Society’s board members. Nevertheless, when Sibarium quoted the group’s board members describing the censorship exercise as “Stanford Law School at its best” and named those board members, the board’s demanded that that the Beacon redact her name and those of her classmates. “You do not have our permission to reference or quote any portion of this email in a future piece,” she wrote.

Translation: “You do not have our permission to reveal that we behaved like bullies and assholes even though we have said that we are proud of behaving like bullies and assholes.”

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Someone Explain The Kobe Bryant Photos Case To Me, Because I Don’t Understand It At All

/ Jack Marshall / 30 Comments

It appears to be a triumph of “ick” over both law and ethics.

Kobe Bryant’s widow, Vanessa, was awarded $16 million as her part of a $31 million jury verdict Wednesday against Los Angeles County. Deputies and firefighters had shared gruesome photos of the NBA star; their 13-year-old daughter, Gianna; and other victims killed in a 2020 helicopter crash; the family of those other victims received the rest of $31 million. The nine jurors unanimously agreed with Vanessa Bryant and her attorneys’ argument that the photos invaded her privacy and caused emotional distress.

I’m sure they caused emotional distress. But how can an event that occurs in public be declared sufficiently private to have the protection of the right to privacy? If a journalist had taken the photos and published them, or shared them on a news website, presumably there would be no way Bryant’s widow would have a cause of action. I don’t see how a bystander with a cell phone could be blocked or sued either. These pictures were shared mostly among employees of the Los Angeles County sheriff’s and fire departments.They also were seen by some of their spouses and in one case by a bartender at a bar where a deputy was drinking. Well not to be unsympathetic, but so what? How does the right to privacy make reality a personal property protected by the law? If the bloody crash occurred where a crowd of a hundred people could see it, how would the law black them from taking photos and showing them to friends?

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Ethics Hero: Twitter

/ Jack Marshall / 4 Comments

twitter4

Ethics Alarms has honored some unlikely people as Ethics Heroes—Bill Clinton, Bill Maher, and Terry McAuliffe, for example. Twitter nabbing the distinction may be a record for cognitive dissonance, though. It is an unethical company, with a platform that does more damage than good. And yet…

Twitter announced that it was expanding its private information policy to forbid posting the ” media of private individuals without the permission of the person(s) depicted.“

Good.

Not that this policy is remotely possible to enforce; it isn’t. “When we are notified by individuals depicted, or by an authorized representative, that they did not consent to having their private image or video shared, we will remove it,” Twitter explains. “This policy is not applicable to media featuring public figures or individuals when media and accompanying tweet text are shared in the public interest or add value to public discourse.”

Yes, the policy goes well beyond any legal restrictions: that’s what makes it ethical rather than compliant. What is ethically admirable about the rule is that it calls attention to an ethical violation so common that few think it is a violation at all. When I allow a friend to take a photo of me, that is consent for that friend to make and have a copy of my likeness. It is not consent for my likeness to be circulated to the world on social media, included in facial recognition databases, be manipulated digitally to embarrass or humiliate me, or any other purpose. No law will help me claim that I did not consent to circulation of my likeness, which is why Naked Teachers have a problem. The law assumes that such use can and should be anticipated when I let myself be photographed. That, however, is a legal fiction. I have seen, online, photos of me when I wasn’t aware that I was in the picture. I hate photos of me.

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Sunday Ethics Reinforcements, 2/7/21: The “Don’t Watch The Concussion Bowl” Edition

/ Jack Marshall / 4 Comments

Brain Damage football

Ethics Alarms has been chronicling the mounting evidence that pro football condemns a large percentage of its players to future dementia and premature death for a long time, often in conjunction with what a Georgetown professor friend calls “The Concussion Bowl.” Many of those posts are here, under the CTE tag. Incredibly, the NFL has done little to stop the carnage, perhaps because seriously addressing the inherent damage to brains caused by a necessarily violent sport would end football as we know it, and that would cost owners, TV networks, colleges and merchandisers billions. Can’t have that.

Equally amazing, the public and the news media have allowed the NFL to get away with distracting from its unethical priorities with the flagrant and cynical virtue-signalling of pandering to Black Lives Matter. I’m pretty sure that when it is all tallied, the NFL will have killed more innocent black men by far than all the brutal police officers over the same period. But most people just don’t care. If they cared one hundredth as much about athletes getting permanent brain damage for their Sunday (Monday, Thursday) TV viewing as they do about a single ugly incident where an overdosing lifetime petty crook died under the knee of a Minneapolis cop, there would be action. Not riots and take-overs of public property, but serious, effective action, including safety regulations.. Football would have to change, evolve, or vanish. The public and the media (and government officials) don’t care, and neither do the NFL executives. If Colin Kaepernick had performed his on-field protests against CTE, he would have been suspended and eliminated from the sport faster than Deion Sanders running for the goal line.

Talk about conspiracies….

1. False Narrative Dept. Now dishonest anti-Trump propaganda is showing up on Turner Classic Movies, which has been generally exemplary in avoiding partisan pandering over the last four years. Today, Eddie Muller, TCM’s film noir maven, pointedly showed the 1950 move “The Killer Who Slaked New York,” about a potential smallpox outbreak that was shut down by New York City health officials in 1947. Ultimately only 12 people were infected, and the threat was a single contagious smallpox victim who had to be found and contained. As you can see, this is a perfect analogy for the Wuhan virus outbreak in 2020. Noting that New York City quickly launched a mass vaccination effort (because there was already a smallpox vaccine, another close parallel), Eddie raised an accusing eyebrow and said,voice dripping with contempt, “That’s how we did things then.”

It’s Eddie’s show. I don’t think he should be fired or suspended. He’s welcome to his ignorant and obnoxious opinion. But he’s part of a disinformation campaign and an effort to distort reality, He’s also annoying TCM’s generally mature audience members who have been paying attention, and who presumably watch old movies to get a break from political BS, not to be subjected to more of it by movie nerds driving out of their lane.

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Waning 2020 Ethics Warm-Up

/ Jack Marshall / 15 Comments

hour_glass

A reader reports that he can’t pull up Ethics Alarms on Google Chrome or Microsoft Edge. Is anyone else having this problem?

Wasn’t it nice when we naively assumed that such things were just technical glitches and not part of Big Tech’s increasingly intrusive alliance with the totalitarian-minded forces of the extreme Left?

1. Embrace the narrative. “Louisiana Congressman-elect Luke Letlow dies with COVID-19” is just one of many headlines announcing that the 41-year-old Representative-elect died from the Wuhan virus. So far, every headline I’ve seen is some version of this. Letlow died of a heart attack, in fact, during some un-named procedure related to his treatment for the virus. People die of unexpected heart attacks with some frequency during hospital procedures for other problems, and the cause of death is usually listed as “heart attack.” Maybe the virus caused his death and maybe it didn’t, but the headlines stating this as fact is more pandemic fearmongering, and. yes, fake news.

2. Good. You will recall that Twitter censored The New York Post’s account of the incriminating Hunter Biden laptop being found because it claimed that the business memos, photos of a Hunter using illegal drugs, and other disturbing photos came from a “hacker,” when Twitter’s real objective was, it seems fair to conclude, to keep as many people as possible from learning about matters that might cause them not to vote for Hunter’s father. Now the computer repair company’s owner is  suing Twitter for $500,000,000.00 for libel, defamation, and ruining his business, claiming that the social media giant disparaged him.

3. One more reason to distrust the election results: President Donald Trump topped former President Barack Obama for the title of most admired man in America in Gallup’s 2020 survey. Trump had tied with Obama in 2019 while Obama beat him in 2017 and 2018. President Joe Biden came in third. Obama had been #1 since 2008.

Don’t you find this strange?

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Weird Tales Of “The Great Stupid”: Another Kid Is Suspended Because A Teacher Saw A BB Gun In His Home

/ Jack Marshall / 8 Comments

fear

What are normal, reasonable people who are concerned about the shrinking liberties around them to do?

(I don’t have an answer right now, but that is the urgent question episodes like the ones described in this post raise.)

In 2020, I’ve written about two head-exploding stories involving innocent children forced by their school’s hysteria over the Wuhan virus to allow Big Brother’s eyes into their homes, and who found themselves being demonized and punished because of the completely legal and harmless items a teacher saw there.

First there was the asinine June incident in Baltimore County Maryland, where a 5th grade teacher at the Seneca School saw a BB gun hanging on the wall in an 11-year-old student’s bedroom. She took a screenshot of the child’s room, then notified the principal, who alerted the school safety officer, who called the police. They, in turn, made an unannounced visit to the student’s home.

At least they didn’t kneel on his neck. “I feel like parents need to be made aware of what the implications are, what the expectations are,” the child’s mother, a military veteran, told reporters. “No,” Ethics Alarms concluded, “Parents need to tell schools, administrators and teachers, what parents will tolerate, and the public education system needs a thorough upgrade and overhaul.”

Then, in September, we discussed an even more ridiculous episode. Colorado seventh grader Isaiah Elliott was attending on online art class when a teacher spied Isaiah’s  toy gun, a neon green and black plastic “weapon” with an orange tip and the words “Zombie Hunter” printed on the side. The teacher notified the school principal, and the school called the El Paso County Sheriff’s Office, which conducted a welfare check on the boy without calling his parents first. Isaiah, meanwhile, was suspended for five days. The conclusion here on that fiasco:

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Labor Day Ethics Break, 9/7/2020: Ironically, Somebody Needs To be Fired In All Of These Stories….

/ Jack Marshall / 27 Comments

1. “Boy, he’s strict!”* Novak Djokovic, the top seeded player, defaulted from the United States Open after the ball he hit toward the back of the court in frustration hit a line judge in the neck. This violated the Grand Slam rule book’s  “physical abuse” provision, which states that players “shall not at any time physically abuse any official, opponent, spectator or other person within the precincts of the tournament site.” The  fine for this is to $20,000 for each violation of this rule, with the possibility of even more if it is deemed a “major offense.” In a statement, the United States Tennis Association said: “In accordance with the Grand Slam rule book, following his actions of intentionally hitting a ball dangerously or recklessly within the court or hitting a ball with negligent disregard of the consequences, the U.S. Open tournament referee defaulted Novak Djokovic from the 2020 U.S. Open. Because he was defaulted, Djokovic will lose all ranking points earned at the U.S. Open and will be fined the prize money won at the tournament in addition to any or all fines levied with respect to the offending incident.”

As I read it, if the ball bounced back and missed the line judge, the rule wouldn’t apply. If it did hit the judge, even though the result was unintentional, then the player gets the full penalty. What a moronic rule! I guess they’ve never heard of moral luck in the tennis world. Either it should be a serious offense to slam the ball anywhere on the court in anger whether someone is hurt or not, or it should be a violation to intentionally harm and official. The rules is incompetent and unethical.

Naturally, none of the stories about the episode point this out.

2. Oh no! Not this again! Seventh grader Isaiah Elliott of the Grand Mountain School just south of Colorado Springs, Colorado, was attending on online art class when a teacher saw Isaiah’s  toy gun, a neon green and black plastic “weapon” with an orange tip, and the words “Zombie Hunter” printed on the side. The teacher, an idiot, hysteric and bully,  notified the school principal, and Isaiah was suspended for five days. The school also called the El Paso County Sheriff’s Office to conduct a welfare check on the boy without calling his parents first. Here’s the toy:

This is even more idiotic than this story, which was discussed here in June, about the kid whose teacher called the cops on him because she saw his BB gun.

The teacher should be fired and the principal should be fired. Isiah’s parents appear to be raising  hell. Good.  They would be terrible and irresponsible parents if they didn’t. There is an ethical  duty to confront this creeping state child abuse and indoctrination. Continue reading →

The Court Ruling I’ve Been Waiting For Since 2011

/ Jack Marshall / 12 Comments

In a June 30 decision, B.L v. Mahanoy Area School District, the 3rd U.S. Circuit Court of Appeals  ruled that a Pennsylvania  high school violated a cheerleader’s First Amendment rights when it kicked the young woman off the squad for a message she had posted on SnapChat. A distruct court judge had ruled last year for the ex-cheerleader, whose  post pictured the teen and her friend holding up their middle fingers accompanied by the eloquent sentiment , “fuck school fuck softball fuck cheer fuck everything.” She was  upset because she had only made the junior varsity cheerleading squad, rather than the varsity team.

The ACLU of Pennsylvania argued the case for the girl, so at least sometimes the organization  still puts its partisan politics aside to do its traditional job of looking out for the First Amendment. The group called the ruling a “landmark decision,” finally barring schools from policing students’ off-campus speech using the claim that it might disrupt school activities.

The Supreme Court decision on campus speech, Tinker v. Des Moines Independent Community School District, did not apply to off-campus speech. Tinker held that student speech could be regulated by schools only if it would substantially disrupt school operations or interfere with the rights of others. That case involved a school disciplining students when they wore black armbands to class as a protest against the Vietnam War.

The 3rd Circuit majority ruled .“We hold today that Tinker does not apply to off-campus speech—that is, speech that is outside school-owned, -operated or -supervised channels and that is not reasonably interpreted as bearing the school’s imprimatur,”

Because the teen’s speech was outside the school context, Tinker did not apply. The cheerleader’s speech “lies beyond the school’s regulatory authority,” the court said.

The ACLU’s  press release stated that the decision was important “because it recognizes that students who are outside of school enjoy full free speech rights, not the diluted rights they have inside the schoolhouse.”

Bingo.

Finally. Continue reading →

Zoom Ethics: And You Thought The School Board President Who Had To Resign Because He Drank A Beer In His Home During An Online Meeting Was Crazy…

/ Jack Marshall / 42 Comments

This is even worse.

The post about the scandalous swig of beer was less than a month ago, but in comparison to the events of the last couple weeks, the Covina, California story doesn’t seem anywhere near as nuts as as it did at the time. Then, Ethics Alarms was concerned with privacy and officious inter-meddlers dictating how citizens get to behave in their own homes. I even called the incident a “freakout”! Now we know what a real freakout looks like.

The poll on whether poor Brian Akers, the ex-president of the Charter Oak Unified School Board who impulsively guzzled a beer while on camera during a remote board meeting was unfairly maligned was pretty decisive:

I won’t bother to poll today’s Zoom ethics story. If I did, my question might be, “How could you justify continuing to let your child go to a school with employees like this?”

In Baltimore County Maryland, a 5th grade teacher at the Seneca School saw a BB gun hanging on the wall in an 11-year-old student’s bedroom.  The Horror. She notified the principal, who alerted the school safety officer, who then called the police, who made an unannounced visit to the student’s home.

The child’s mother, Courtney Lancaster, a military veteran, has extensive knowledge of guns, how to use them and how to store them, and she is ticked-off. Continue reading →

Is There An “Incompetent At Zoom Porn Site-Frequenting Teacher Principle”?

/ Jack Marshall / 10 Comments

No, but apparently the University of Miami thinks there is. The school’s business analytics professor John Peng Zhang was teaching a remote class on Zoom when he inadvertently revealed a bookmark on his internet browser that read, “Busty college girl fu…” to the class. One student pointed out the tab to others and  the students began taking photos and videos. Someone sent a complaint to the University’s ethics hotline.

The incident was investigated by the Office of the Provost, its Title IX investigator and the Miami Herbert Business School. A statement by the university said that the “University of Miami aggressively investigates all complaints of inappropriate behavior or sexual harassment,” according to NBC News.

Zhang resigned under duress or was fired.

Some students who have registered a petition on Change.org  laid out some of the reasons  why this decision is unfair: Continue reading →