Emory Update: University President James Wagner Vows To Punish Perpetrators Of “Trump 2016” Grafitti, And Reason Whiffs On Why That’s Wrong

Nice equivocating, Reason.

Nice equivocating, Reason.

To avoid burying the lede, let us understand right off that this is known as “chilling free speech,” and is un-American and wrong.

Following the revelation that Emory chief James Wagner ratified the complaints of ideology-disabled students that the expression of support for a major party political candidate was an unacceptable assault on student “safety,” Reason now informs us that Wagner is reviewing security tapes so the students can be subjected to the “conduct violation process.” Although the University has not demonstrated similar verve when chalk-scrawled messages contained more popular content, it is making the disingenuous argument that the manhunt is only about policies requiring prior approval of such chalk campaigns, and that prohibit chalk graffiti that won’t be washed away by rain like the itsy-bitsy spider.

The problem with swallowing that malarkey is that mere chalking has never prompted security camera footage examinations or presidential concern before. This is about condemning and squelching mainstream political speech that the prevailing majority of the campus doesn’t like.  This wasn’t swastikas or “hate speech.” “Trump 2016” at Emory is no different from “LBJ 1968” at Berkeley.

Being gentle and oh so careful to avoid sounding too much like he doesn’t sympathize with Trump-despisers,  Reason reporter Robby Soave writes, Continue reading

The Unethical Donald Trump Quote Of The Day, Unethical Tweet Of The Month, And Unethical Americans of All-Time

Trump Tweet

I must confess that I got a bit bored with my promised unethical Trump quote of the day feature, since on most days there are so many of them. After a while they are predictable and redundant. It’s best to just assume that Trump is being unethical, and wait until he crosses a new line before highlighting an example of his despicable nature. I think threatening another candidate’s wife is a new line: has any Presidential candidate ever directly and publicly threatened an adversary’s wife? Would any previous candidate survive public outrage if he did?

This attack was particularly outrageous. Trump, whose calling card is Rationalization #2 A, Sicilian Ethics or “They had it coming,” was reacting to an offensive ad by a pro-Cruz group in Utah, which released a nasty ad featuring a nude photo Trump’s  trophy wife Melania once posed for with the caption “Meet Melania Trump, Your Next First Lady. Or, You Could Support Ted Cruz on Tuesday.” It wasn’t Cruz’s ad, and he could not, under the law, have anything to do with it (not that I would put it past his campaign anyway.) Cruz responded by tweeting that Trump had shown that “you’re more of a coward than I thought.” Continue reading

Trump Goes Rogue, And If The Republican Party Has Any Integrity, Here’s What It Should Do…

donald-trump-horror-movies-01

Based on his unprofessional outbursts during the last Republican debate, Donald Trump has blown a fuse, and is edging ever closer to that inevitable moment when he loses the crucial brain synapse that leaves him drooling and proclaiming himself Prince of the Pangolins, or something similar. He has continued his meltdown with an anti-Ted Cruz rant released on his website as a press release. He laughably accuses Ted Cruz of being unstable, which is like Charles Manson calling Caligula nuts. He recites a number of what he calls Cruz’s lies, but they are just Cruz’s opinions. He is of the general opinion that Trump is lying about being a conservative. That seems fair and reasonable to me. What Cruz is really doing is pushing Trump’s buttons. The Donald can dish it out, but Cruz, like Megyn Kelly,  is proving that he can’t take it. Trump is whining, threatening, bluffing and blustering, and generally acting like the pampered, narcissist he has always been. Finally, poor, abused Donald writes this:

“One of the ways I can fight back is to bring a lawsuit against him relative to the fact that he was born in Canada and therefore cannot be President. If he doesn’t take down his false ads and retract his lies, I will do so immediately. Additionally, the RNC should intervene and if they don’t they are in default of their pledge to me.”

Observe: Continue reading

Now THAT’S An Unethical Lawyer!

"Ay, ye fekin' eejit, I'll be reefing ye with me shillelagh!"  TRANSLATION: "Disbar me, quick!"

“Ay, ye fekin’ eejit, I’ll be reefing ye with me shillelagh!” TRANSLATION: “Disbar me, quick!”

Yesterday I posted on Facebook a real news story about an Australian teen who plotted to plant explosives on a kangaroo and sent it hopping to a terrorism target. This story, about a Louisiana lawyer who is either trying to get disbarred (with apparent success) or has lost his mind struck me about the same way. Everything seems to spinning out of control.

The Louisiana Bar Disciplinary Board  has recommended permanent disbarment for lawyer Ashton O’Dwyer Jr. This passage of its report particularly appealed to me: During a June 2012 hearing by the committee, O’Dwyer “had to be admonished for brandishing about his shillelagh, his action clearly inappropriate for a disciplinary proceeding.”

Clearly.

That’s just a sample. Here’s a random selection of some examples of how this spunky Irishman has behaved,  from the “How To Get Disbarred” handbook.

O’Dwyer first ran afoul of the ethics rules  in federal court in New Orleans during Hurricane Katrina litigation, when he engaged in personal attacks on the judge and opposing counsel, and engaged in other irregularities “prejudicial to the administration of justice.”  He was suspended by that court in 2008 for his  conduct. In response, he…

….filed a “Declaration of His Intentionally Contemptuous Non-Compliance with the Court’s Order”…

….called the Louisiana Supreme Court a “bunch of kids”…

…referred to the chief justice with a “sexual and offensive nickname,” according to hearing board’s findings of fact.

O’Dwyer then sent an email to the disciplinary counsel in which he implausibly denied the use of racially disparaging terms, which the bar found to be “disingenuous.” Then he sent another email the same day calling the disciplinary counsel a “pimp,” a “puppet,”  “Uncle Tom” and an “Oreo.”

Nothing racially disparaging about any of that, right? All of this got him disbarred for a minimum of two years. Continue reading

Comment of the Day (1), on Surrogate Ethics: “The Strange Case Of The Unwanted Triplet”

surrogate-motherIt’s very thoughtful of Ethics Alarms readers to provide such high level content so I have a chance of completing the 2015 Ethics Alarms Awards before March. I am awash in potential Comments of the Day all of a sudden, and this is the first of nesting COTDs, both inspired by the recent post on the surrogate with gestating triplets who is blocking the attempt of the biological father to abort Eenie, Meenie, or Miney, he doesn’t care which.

New commenter J. Jonah Jameson—presumably not really Peter Parker’s employer—submitted a helpful personal story that puts much of that drama in perspective. Here is his Comment of the Day on the post, The Strange Case Of The Unwanted Triplet:

I am the biological father of a child born of a surrogate mother. I’m sure ResurrectedToday is correct that the father fully knew that there was a chance of triplets. But the surrogate knew the same thing, and I’m almost 100% certain that she agreed in advance that she would have an abortion if the father requested it. (If not, then there are a lot of lawyers, doctors and other professionals who did not do their job.) Either she changed her mind, or she never really intended to abide by that agreement.

I can say a few things about my own experience:

1. There were a lot of people involved in the process: me, the surrogate, the donor, the three lawyers representing us, the doctors, and the psychologists and social workers at the lawyers’ and doctors’ offices. In almost every conversation that I had with any of these people, the subject of multiple births was discussed. Everybody involved understood clearly that there was a very high possibility of twins, triplets or even more.

Continue reading

The Strange Case Of The Unwanted Triplet

I want to hear the ethical analysis of this messy situation from abortion advocates/apologists/activists/feminists. In fact, I can hardly wait.

Melissa Cook is a surrogate mother whom a man paid $33,000 to have  his child by in vitro fertilization, using his sperm and the eggs of a 20-year-old donor. The 47-year-old California woman was implanted with three embryos, a not infrequent approach, but when all three developed normally and apparently healthily,  the birth father began to freak out. He didn’t want three kids, only two at most, and directed Cook to have one aborted. When she refused, he began threatening her  with threats of financial penalties if she did not comply with his demands that she undergo a one-third abortion. Continue reading

Now THAT’S An Unethical Lawyer!

Don't keep them waiting, Doug...

Don’t keep them waiting, Doug…

You know, I don’t comprehend  professional ethics alarm malfunctions like this one. I mean, if a lawyer thinks, “Hey, I think I’ll threaten opposing counsel with pepper spray and a stun gun to keep him in line,” and no faint ringing in his head suggests, “Wait—that might be unethical—maybe I sould check the rules,” what would make his ethics alarms sound? How can a lawyer ever think such conduct is justifiable or permissible, never mind that he could get away with it?

Nevertheless, California Douglas Crawford  held a can of pepper spray a yard from the face of the opposing lawyer, Walter Traver, during an April 2014 deposition  (with a stenographer there!). Crawford then told Traver, “I will pepper-spray you if you get out of hand.” Then the lawyer pointed a stun gun at Traver’s head and said, “If that doesn’t quell you, this is a flashlight that turns into a stun gun.” To show he wasn’t kidding, Crawford discharged the stun gun near Traver’s face. Continue reading

Unethical Quote Of The Month: Co-chair of the Colorado Springs American Civil Liberties Union Loring Wirbel

“The thing is, we have to really reach out to those who might consider voting for Trump and say, ‘This is Goebbels. This is the final solution. If you are voting for him I will have to shoot you before election day.’ They’re not going to listen to reason, so when justice is gone, there’s always force, as Laurie would say.”

Loring Wirbel, Co-Chair of the Colorado Springs American Civil Liberties Union, in a Facebook post.

As the post was circulated and criticism of Wirbel grew, he told the local paper that he was just joshin’.

Well, yes, I’d assume he wasn’t really going to start shooting Trump supporters. On the other hand, the ACLU is supposed to stand for freedom of expression, and an organization executive appearing to advocate violence to stifle unpopular political views is more than a little irresponsible. So is casually joking about shooting people in Colorado Springs.

What? Too soon?

“It was intended totally as a joke,” Wirbel said. “They are taking that stuff out of context. It’s smear politics.” No, actually it’s called “embarrassing your organization and calling its credibility into question.” He resigned today.

Good.

One does have to wonder, however, how thick the progressive bias and hatred for conservatives is in the ACLU’s culture, how it affects the organization’s judgment, and whether an organization led by people like Wirbel is really the best guardian of the First Amendment.

UPDATE: More on Wirbel, including some mind-blowing quotes, and the ACLU’s statement, here.

And Here’s Yet Another Unethical Use For Facebook…

shaming

Senga Services, a Canadian cable company, recently web-shamed some of its  customers who were behind in their cable fees by listing their names and amount owed on Facebook. Of course, “it wasn’t the worst thing”—the company could have put up wanted posters

Naturally, the company had an excuse: Rationalization 2A, Sicilian Ethics.* “We always got excuses from everybody,” a rep for Senga told the CBC about the decision to publicly humiliate customers. “Promissory notes and everything, and it never arrives. So we found the most effective way is to publicly post the names.”

Effective, maybe. Ethical, never. Employing the threat of using humiliation to extract funds is indistinguishable from extortion. Yes, lawyers do it all the time, and mostly get away with it. It’s still wrong. It is particularly wrong when consumers have reason to believe that they are dealing with a business entity that respects their privacy and understands that their dealings, amicable or not, are not to be shared with the public. This is a dirty tactic, and in the U.S., an illegal one.  Section 551(c) of the Cable Communications Policy Act specifically prohibits cable companies from disclosing “personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned.” The Office of the Privacy Commissioner of Canada maintains that Canadian law only “allows organizations to use or disclose people’s personal information only for the purpose for which they gave consent,” meaning that there ” is also an over-arching clause that personal information may only be collected, used and disclosed for purposes that a reasonable person would consider appropriate under the circumstances.” Senga, not knowing ethics from a tree frog, feels that public shaming for amounts as small as a hundred dollars is appropriate. Nonetheless, Senga agreed to pull the shaming posts.

Ban them from cable service, take them to court, work out a payment plan, charge interest…all of that is fair and reasonable. Using private information as a reputation-wrecking weapon, however, isn’t.

I think the debts of every Senga customer who the company treated this way should be cancelled.

 

*Note of Rationalization List change: Rationalization #2 was always two rationalizations in one. I finally split out the two, with the main rationalization re-named “Ethics Estoppel,” for the theory that Party A’s unethical conduct makes him unworthy of ethical conduct from Party B. The sub-rationalization, “Sicilian Ethics,” is just an excuse for revenge.

___________________

Pointer: Alexander Cheezem

Facts: Consumerist

Ethics Quiz: The Fick Calls Loretta Lynch’s Bluff

bluffing

When I read that our Attorney General, Loretta Lynch, made this provocative statement—

“The fear that you have just mentioned is in fact my greatest fear as a prosecutor, as someone who is sworn to the protection of all of the American people, which is that the rhetoric will be accompanied by acts of violence. Now obviously this is a country that is based on free speech, but when it edges towards violence, when we see the potential for someone lifting that mantle of anti-Muslim rhetoric—or, as we saw after 9/11, violence directed at individuals who may not even be Muslims but perceived to be Muslims, and they will suffer just as much—when we see that we will take action…I think it’s important that as we again talk about the importance of free speech we make it clear that actions predicated on violent talk are not America. They are not who we are, they are not what we do, and they will be prosecuted.”

…my first thought was “oh-oh” and my second thought was, “Boy, Obama’s appointees are as careless with their rhetoric as he is, or Hillary.

For what really was she saying? It sounds like a threat, but is it?  What does “edges towards violence” mean? Violence? Calling for violence? Or rhetoric anti-gun progressives will blame if there is violence? What does…let me rephrase that…What the HELL does “the potential for someone lifting that mantle of anti-Muslim rhetoric” mean? For that matter, what are “actions predicated on violent talk”? Does an action that would not be a crime without violent talk become one based on the rhetoric that inspired it? You’re a lawyer, Ms Lynch, how about speaking precise English? What exactly are you trying to say?

So my third thought was, “Well, we better find out, since is this our top law enforcement official talking and if she is really saying, as one might reasonably interpret her vague and convoluted statement to mean, that she’ll be arresting anyone who dares to venture a harsh judgment of Muslims, it would be good to know.

Donald Trump, I’m sure, would like to know.

And  lo and behold, here comes former GOP tea party congressman turned radio talk show host Joe Walsh to settle the issue! He provides a rant on his Facebook page: Continue reading