Down The Slippery Slope To Lawyer Censorship: First Giuliani, And Now This

silence

Rudy Giuliani, as discussed here, was just suspended from the practice of law on the basis of out of courts statements that the New York bar disagrees with, while representing a client they hate (Donald Trump), using a standard that has never been applied to a lawyer before.

Yet what was just done to South Carolina lawyer David Paul Traywick by the state Supreme Court was even worse, and more ominous. The Court ordered his suspension from the practice of law based on social media posts that were pure opinion, and that had no connection to the practice of law at all. Traywick lost his license for six months. He will also have to complete at least one hour of diversity education, undergo an anger management assessment, submit to an evaluation through the South Carolina Bar program Lawyers Helping Lawyers, and comply for one year with any treatment recommended by “re-education” authorities.

The Court felt justified punishing him after the South Carolina Office of Disciplinary Counsel received complaints from 46 people about Traywick’s Facebook posts. The posts were accessible to the public, and his profile identified himself as a lawyer while mentioning his law firm his law firm.

The Court found twelve posts by Traywick “troubling.”I will interject here that an individual’s statement on social media are none of a court’s business, indeed none of its damn business, unless they are libelous or criminal, or evidence in a case before it. None of the posts fit into those categories. Two of the posts nonetheless triggered the suspension:

  • On April 5, 2020, Traywick posted what the Court calls “an offensive comment regarding tattoos,” apparently so offensive the the opinion won’t even enlighten us to what it was. After whatever it was he was saying about tattoos, which could have only been an opinion, he  challenged his readers, “Prove me wrong. Pro tip: you can’t.” In a subsequent post in response to a comment, he wrote, “The general statement has exceptions, such as for bikers, sailors, convicts or infantry. But these college educated, liberal suburbanites. No, the rule was written for these boring mother fuckers. And they are everywhere. Fuck em. Especially these females, Jesus Christ!”
  • On June 3, 2020, at the peak of the George Floyd Freakout, they lawyer posted, also on Facebook,  “Here’s how much that shitstain’s life actually mattered: Stock futures up. Markets moved higher Monday and Tuesday. Fuck you. Unfriend me.

By no stretch of the imagination or the Rules of Professional Conduct do those statements justify suspending a lawyer’s right to practice law. It is protected speech under the First Amendment. It does not involve the practice of law. The comments are profane, but profanity is not grounds for discipline out of a legal context. They are vulgar, but the same hold with those. They may offend readers, but nobody is forcing readers to follow this jerk. The lawyer appears, based on his comments, to be an asshole, but being an asshole is not a disqualification for practicing law. It is often an asset, some might say. He may have been lying, but not in any way that could be linked to his trustworthiness as a lawyer, and lies are also protected speech unless they constitute fraud or perjury.

Yet the Court wrote,

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It Wasn’t Censorship That Caused The Principal To Take Down The Student’s Transgender Essay…

teaching-writing

Courthouse News Service reports that a March 2 opinion by the 4th U.S. Circuit Court of Appeals in Richmond, Virginia has ruled that the Anderson Mill Elementary School in Spartanburg County, South Carolina and its principal had not exceeded their authority to regulate school-sponsored student speech when they refused to distribute a student essay on a controversial topic.

At issue was an essay authored by a 10-year-old girl on the topic of transgender individuals. Thework was originally included in an essay collection placed in the student’s classroom and distributed to parents. The school principal ordered the essay to be removed, telling the girl’s mother that it was age-inappropriate and would upset some parents. The mother filed a lawsuit on behalf of herself and her daughter for a claimed violation of the First Amendment, naming the principal, the school and the school district as defendants.

The law is pretty clear on this point, and I suspect that this was a pro-trans rights grandstanding and virtue-signaling exercise by someone who has time on their hands and money to burn, and who found a lawyer wanting to make noise about alleged anti-transgender discrimination…which this incident was not.

I regard such lawsuits as unethical abuses of process.

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Art Ethics: The South Carolina Toilet Brush Flag

SC flag design

You would think it’s such an easy principle to understand and execute. In art, as with all products and services, it is the quality of the work that matters, not the artist, creator or provider. But in the era of The Great Stupid, where woke sensibilities routinely turn logic and wisdom on their heads and inside out, something as intrinsically sensible as this suddenly becomes hard to grasp.

Take, for example, the new South Carolina flag design, as fine an example of “bias makes you stupid” as one could imagine. You see, the South Carolina flag has long consisted of a crescent moon and a palmetto tree, but designs varied. Why a palmetto tree? Also known as the Sabal palmetto, cabbage-palm, cabbage palmetto, blue palmetto, Carolina palmetto, common palmetto, swamp cabbage and sabal palm…

Palmetto

…the tree is native to the southern United States, as well as Cuba and the Bahamas. In the Revolutionary War, South Carolina palmettos played a key role in the defeat of the British fleet at Fort Moultrie on Sullivan’s Island. The fort was constructed out of palmetto logs, which efficiently absorbed the impact of cannon balls, according to the State Legislature’s website. Col. William Moultrie’s 2nd South Carolina Regiment wore uniforms of deep indigo, so Moultrie used the color as the background for the moon and the tree when he designed the first South Carolina flag. Since 1940, however, South Carolina has had no required design for its state flag, leading to an infinite number of variations on flags, logos, posters, mugs, T-shirts, and other merchandise. See?

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Wasted Day Evening Ethics, 2/10/2020: As Your Host Tries To Salvage Some Productivity In A Messed Up Monday [CORRECTED]

I don’t want to talk about it.

1. Is it ethical to point out that the candidate my desperate progressive friends are trying to justify supporting in the arid Democratic field is really a jerk? Sure it is! In a deft call that I missed, Rolling Stone writer Tim Dickinson found yet another striking example of Pete Buttigieg’s hypocrisy. He writes,

For much of the presidential campaign, Pete Buttigieg has championed the importance of the popular vote. In a town hall nearly a year ago, Buttigieg proclaimed: “One thing I believe is that in an American presidential election, the person who gets the most votes ought to be the person who wins.”

Yet after the Iowa caucuses, where Bernie Sanders clearly got thousands  more votes, Buttigieg has been trumpeting victory — on the basis of a metric that can subvert the popular vote, the state delegate haul from Iowa’s equivalent of the electoral college.

To be plain, the actual tally in Iowa seems to matter less to the Buttigieg campaign than building a perception of victory. On the night of the caucuses, long before any of the official tally had been reported, Buttigieg dubiously declared he had won..the Iowa Democratic Party has now released 100 percent of the state results. The current tally shows Buttigieg trailing Sanders by 2,631 votes, yet leading by 2 “state delegate equivalents” — a margin of 0.1 percent on that metric. Yet the official tally includes many documented and uncorrected errors and what the state party deems “inconsistencies in data.” The Associated Press has refused to call the election, and Democratic party chair Tom Perez has demanded a “recanvass” or recount. Despite the tenuousness of these results, the Buttigieg website now proclaims: “It’s official: Pete won the Iowa Caucuses!”.

President Trump’s election, however, was illegitimate. Continue reading

Ethics Dunce, Halloween Division: South Carolina U.S. Rep. Mark Sanford

As we all know, do we not, Mark Sanford is weird. He is the former rising star in the GOP firmament who seemingly threw away his career and reputation to unite with his South American “soul mate,” going AWOL while governor as he went south of the border for an adulterous  tryst (using state funds) while his aides told the news media, “Governor? Governor? I’m sure he’s around here somewhere!” He had to leave office, of course, but the forgiving (comatose?) South Carolina voters actually trusted him again and elected him to Congress, only to turn on him in the recent primary for being an outspoken NeverTrumper.

Now we learn that for Halloween, he left a basket of yummy holiday Constitutions outside his office, complete with a witch’s hat, tweeting,

Happy Halloween. Accordingly, Pocket Constitutions are at the ready for today’s trick-or-treaters.

Ugh.

1. The U.S. Constitution is not a Hershey Bar.

2. People who co-opt the tradition of Halloween to exploit their own interests and hobbyhorses, be it dentists who give out dental floss to the kids at their door, religious zealots who hand out Bibles, or  those who guilt children into ringing bells for UNICEF or other charities instead of letting them have fun, really have an ethics screw loose somewhere. It’s the kind of thing Ebenezer Scrooge would have done, and maybe he did, except that Chuck never got around to writing, “A Halloween Carol.”

A special ethics demerit goes to every member of the lame duck’s staff, none of whom were able to talk their boss out of this stunt.

Appreciation is due to Jonathan Turley, who flagged this crime against little goblins.

No, It Isn’t Hypocrisy When A Gun Control Advocate Shoots Someone

In 2017, Kellie Collins (above, left) ran as a Democrat against incumbent Rep. Jody Hice, a Republican, to represent Georgia’s 10th District. She ultimately dropped out of the race, but while she was running, her major theme was gun control and responsible gun ownership.

Now her former campaign treasurer, Curtis Cain (above, right, in better days), has been found dead inside her apartment, apparently the victim of a gunshot wound. Collins turned herself into the McDuffie County Sheriff’s Office just as authorities in Aiken County, South Carolina found Collins, who had been dead for at least four days.

She must have noticed him.

The conservative news media is implying that this constitutes hypocrisy on Collins’ part. It isn’t. If she had shot him while she was campaigning for responsible gun ownership, then it might have been hypocritical. She might have changed her mind about guns in the intervening months, however. Hypocrisy is when you advocate a principle while you are violating it in a manner that proves you don’t believe in the principle at all. That’s not what happened here.

Even if she had shot him in 2017 in Georgia, though, it wouldn’t necessarily have been hypocrisy. She could still have been a responsible gun owner. Maybe she was acting in self-defense. She did not argue in 2017 that it was irresponsible for gun owners to ever fire their weapons; that would be ridiculous, not that gun control zealots don’t often say ridiculous things.  It isn’t even correct to call this ironic. Responsible gun owners kill people.

It may well be that the evidence will show that Kellie is a murderer.  Base on what we know, however, its is unfair to call her a hypocrite.

I just wanted to clear that up.

The Michael Slager Trial: When The Ethical Course Is To Not Exercise a Right

shooting_of_walter_scott

Michael Slager is the white North Charleston police officer who stopped African American Walter Scott for a taillight violation on April 4, 2015, and in the ensuing events, ended up fatally shooting Scott as he fled the scene, in the back, as recorded on a cell phone video. Of all the many police-involved shootings, this is the least equivocal. Slager is guilty of murder of one kind or another: in South Carolina, there is only one kind, and  mitigating circumstances are reflected in the sentence. He could receive life in prison, or much less time.

But every criminal defendant has the right to be tried by a jury of his peers before the law finds him guilty, and Slager is taking full advantage of the right. In doing so, he is forgoing his last clear chance at redemption. The former officer—he has already been fired for the episode and not just put on paid leave, as is usually the case—is understandably trying to avoid a conviction and jail time, even though, should he be acquitted by some miracle or act of mass hypnosis, it would be certain to provoke even more anger and distrust in the black community, and, I would hope, among non-African Americans as well. A justice system that finds, no matter how it reaches such a conclusion, that an officer who shoots a fleeing man dead like Slager did is not guilty needs to be blown up and seeded with salt. When Slager’s first lawyer saw the video, he quit.

Do you think an acquittal is impossible? Don’t. All that is needed is a jury full of people who “think,” and I use the word generously, like the signers of this petition. I’m pretty sure that there are more than twelve of them available. Continue reading

Do We Really Want To Live In A Society Where Tow-Truck Drivers Refuse To Tow The Cars Of Bernie Sanders Supporters?

Bernie Sticker

In Ashville, North Carolina,  tow truck driver Ken Shupe arrived on the scene to find motorist Cassy McWade standing by her accident-disabled vehicle  on Interstate 26. “He goes around back and comes back and says ‘I can’t tow you,” Wade told a reporter. “My first instinct was there must be something wrong with the car. And he says, ‘No, you’re a Bernie supporter.’ And I was like wait, really? And he says, ‘Yes ma’am,’ and just walks away.”

Here’s Shupe’s version:

“Something came over me, I think the Lord came to me, and he just said get in the truck and leave. And when I got in my truck, you know, I was so proud, because I felt like I finally drew a line in the sand and stood up for what I believed.”

A few quick points and then I’ll get to the real issue:

1. Shupe is an utter, virulent, IQ-deficient jerk whose conduct and attitude makes a mockery of whatever faith it is cursed to have him belonging to it, and constitute a blight on the society, community,culture and nation so unfortunate as to be stuck with him.

2. News reports make a big deal out of the fact that McWade is confined to a wheelchair. Ah: the theory is that we are only obligated to help our handicapped neighbors in need, is it? It shouldn’t matter if she was an Olympic medalist in the 50 yard dash. You don’t treat other human beings like that in any society that values human rights and common decency.

3. Shupe’s company is Shupee Max Towing in Traveler’s Rest, South Carolina. Nobody in their right mind should patronize this unAmerican creep, including his own family. This was anti-social,  cruel and objectively horrible behavior toward someone in need, and Shupe needs to be shunned, hard. If he can’t co-exist with others any better than this, he needs to live in a cave somewhere, because he’s not fit for human association.

4. To anticipate an objection: you may ask how it is that I can argue that friendship should outweigh political differences and advocacy of unethical conduct, and yet designate Ken for ignominy and rejection. If Ken were a friend of mine, I can see myself standing by him even after this miserable behavior. But, as Samuel L. Jackson tells John Travolta in “Pulp Fiction,” “We’d have to be talkin’ about one charming motherfucking pig.”

In a way, however, we should be grateful to Ken Shupe, who has provided in short order and timely fashion a near perfect example of the society-wrecking virus being actively spread by irresponsible zealots on both ends of the political spectrum who are determined to divide the nation and the culture as never before. Yes, never before. During the American Civil War, generals on opposite sides of some of the most bloody battles ever fought arranged to meet and exchange pleasantries, because they had been, and remained, friends. They understood what the self-righteous tow-truck operator, and, increasingly, our entire society, doesn’t. Continue reading

The Case Of The Involuntary Naked Teacher

This isn't a picture of Leigh Anne Arthur; this is 2014 Naked Teacher Principle victim Kaitlin Pearson. But even if this had been the picture on Arthur's cell phone, she wouldn't have deserve to be fired...

This isn’t a picture of Leigh Anne Arthur; this is 2014 Naked Teacher Principle victim Kaitlin Pearson. But even if this had been the picture on Arthur’s cell phone, she wouldn’t have deserved to be fired…

The Ethics Alarms Naked Teacher Principle (NTP) states:

A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result. The first formulation of the NTP can be found here.

I suppose I need to circulate this more widely, because some schools apparently are confused, such as Union County High School in South Carolina. In a completely warped and unfair application of the NTP, school district officials in Union County demanded and received the resignation of engineering teacher Leigh Anne Arthur after a student stole her phone, examined its contents and found a semi-nude selfie (intended for her husband’s enjoyment only), which he shared with his classmates.

 The district’s David Eubanks said that the district’s position was that the 13-year teaching veteran was at fault for leaving her phone unlocked on her desk when she went out of the room, and that she had, in effect made the pictures available to her students. He also said that the engineering teacher’s actions may have contributed to the delinquency of a minor.

The technical terms for Eubanks are unethical, unjust and illogical. The kid stole the phone before he knew what was on it. He would have stolen it even if it had been locked. Arthur didn’t make him a delinquent; he was already a delinquent. How far would the school board take their absurd logic? If the kid stole her purse, found a key in an envelope with a bank account number on it, and the student took it to a bank and got into her locked storage box, and in there was the combination to a warehouse storage locker that contained a nude oil painting of her that was painted when she was an artist’s model, and he stole the painting and held an exhibit of it in his garage, charging admission, would the school system fire the teacher, or expel the student for an outrageous invasion of privacy, as well as theft? Continue reading

Incompetent Elected Official Of The Week (And Worst Christmas Card Of 2015): South Carolina Rep. Christopher Corley

xmas card

South Carolina lawmaker Rep. Christopher Corley (R- Aiken) decided to take on the daunting challenge of topping Las Vegas Assemblywoman Michele Fiore’s entry in the “Most Tasteless Christmas Card That Proves Its Republican Politician Author Is An Idiot” competition. You saw that one, right? It  features Fiore, her husband, her adult daughters, their husbands and one of her grandchildren…

michele-fiore-christmas-cards-guns

…holding guns, with a useful note in the corner denoting which models the are each planning on using to bag a reindeer and Santa too, I suppose, since there are ten Fiores.

There is a lot wrong with the card, beginning with the fact that, as the Bible says, there is a time for every season, and regardless of one’s faith or lack of it, this season is and has always been about peace and love, not shooting things. Fiore uses children as props for political grandstanding, which is ugly and an abuse of power.

The card also says “I am an idiot,” but that arguably is a good thing, since as many people should know as possible. (Either her constituents are idiots, or they like them for some reason.) Still, the silly card is relatively harmless, except that Fiore embarrasses her party and gives anti-gun hysterics another excuse to portray all those who resist the obvious progressive goal of banning guns entirely as lunatics.

Corley’s card, however, is much, much worse. Continue reading