Month: March 2014

Post-Sandy Hook No-Tolerance Encore: Another Finger-Gun Massacre

/ Jack Marshall / 20 Comments
"Level One or Level Two gun? Wait...I'm sorry! It's just a finger!"

“Level One or Level Two gun? Wait…I’m sorry! It’s just a finger!”

Should Ethics Alarms post on substantially the same ethics stories every time they occur? The news that an Ohio fifth grader has been suspended from school for three days for the offense of making an imaginary gun out of his fingers is just such a repeat. I wrote about a similar no-tolerance episode in Montgomery County a year ago, here and here. What is left to say, and why say it again?

I think you have to say it again, in this case at least, because it didn’t sink in the first time. In Montgomery County, Maryland, the school system was forced to revoke the suspension and even apologized to the boy as a result of the ridicule that showered down on the hapless administrators who inflicted the absurd punishment. Officials at Devonshire Alternative Elementary School, where ten-year-old Nathan Entingh wielded his deadly digits “execution-style,” couldn’t have missed the Maryland fiasco, yet they failed to absorb its lesson, which seems extremely obvious to the reasonable, the fair and the responsible: “This is stupid, cruel and abusive treatment. Don’t do it.”

Why didn’t they heed the lesson? I think one reason may be that such hysterical policies are now less about hysteria than they are about thoughtful anti-gun indoctrination. Continue reading →

Ethics Take-Down Of The Year: UCLA Law Professor Eugene Volokh

/ Jack Marshall / 16 Comments
Wait, wait---I think I have it. A Japanese production of "The Mikado" would be a racist appropriation of a racist appropriation, right?

Wait, wait—I think I have it. A Japanese production of “The Mikado” would be a racist appropriation of a racist appropriation, right?

Here is a 2014 year-end Ethics Alarms Award I’m giving out now, with no worries that I will regret it later.

Salon, the online progressive magazine, published a classic in the revolting genre of self-righteous anti-white racism, a pathological screed titled “Why I Can’t Stand White Belly-Dancers.” (Full disclosure: I can’t stand any belly-dancers). If that per se title doesn’t set off a liberal editor’s ethics alarms, something is seriously wrong, but then, this Salon, a where the literate deranged of the Left hang out to plot the Socialist Revival. The foolish author devotes her article to the crackpot theory that in a pluralistic, free society, it is unethical “appropriation” for whites to engage in art that arose out of a non-white culture:

“Women I have confronted about this have said, “But I have been dancing for 15 years! This is something I have built a huge community on.” These women are more interested in their investment in belly dancing than in questioning and examining how their appropriation of the art causes others harm. To them, I can only say, I’m sure there are people who have been unwittingly racist for 15 years. It’s not too late. Find another form of self-expression. Make sure you’re not appropriating someone else’s.”

Had I encountered this cold, I would have taken it as a conservative parody of minority race-bullying. But I have to restrain my impulse to heap abuse on the author, Randa Jarrar, “a feminist of color,” because Prof. Volokh slices her and her idiocy into tiny, delicious shreds as well or better than I ever could. Here’ s yummy sample (read it all here): Continue reading →

Jumbo* of The Month: Hillary Clinton

/ Jack Marshall / 38 Comments

Charging Elephant

“The claims by President Putin and other Russians that they had to go into Crimea and maybe further into Eastern Ukraine because they had protect the Russia minorities—that is reminiscent of claims that were made back in the 1930s when Germany under the Nazis kept talking about how they had to protect German minorities in Poland, in Czechoslovakia, and elsewhere throughout Europe. So I just want everybody to have a little historic perspective. I’m not making a comparison certainly, but I am recommending that we perhaps can learn from this tactic that has been used before.”

—-Hillary Clinton on the Crimea crisis, showing that she has learned deceit and dishonesty at Bill’s knee, or, perhaps, was really the teacher all along.

‘I’m not making a comparison: I’m just comparing them. I’m not saying Putin is like Hitler, I’m just saying he’s acting like Hitler. I’m not making a comparison; I just want to evoke the specter of Hitler’s expansion over Europe while everyone looked the other way without being accused of doing so.’

And adding “certainly” makes it all undeniable.

Some observations, in the throes of disgust: Continue reading →

Gotcha, NPR! Liberal Bigotry About Bigotry Exposed

/ Jack Marshall / 25 Comments
"Wah, my conSTITuants in the great Southan state of Mawntana just don't wanna see any coloreds get away with shootin' owa law enforcement officahs, that's all!"

“Wah, my conSTITuants in the great Southan state of Mawntana just don’t wanna see any coloreds get away with shootin’ owa law enforcement officahs, that’s all!”

One progressive lie I hear and read repeatedly from Democrats and their news media lackeys is that the Supreme Court “gutted” the Votingl Rights Act of 1965 by decreeing that it was unconstitutional for the Justice Department to use decades old data to presume racial bias in legislative measures and policies adopted by Southern states. This was holding in the case of Shelby v. Holder. The Court justly ruled that Congress had to develop current, accurate criteria. Progressives and the Obama Administration screamed and are still screaming, because pretending it was still Jim Crow, Bull Connor and Mississippi burning in the South gave the federal government a way to over-ride legitimate and non-racist laws (like voter ID requirements), based on bias: if it’s a southern state, it must be racist.

Yesterday, National Public Radio inadvertently demonstrated how this bias operates. I have already written about what is wrong with conservative opposition to Debo Adegbile, President Obama’s choice to head the Justice Department’s Civil Rights division. Essentially, he is being condemned for trying to protect an individual’s civil rights. But the police unions are determined to punish him because that particular individual was a cop killer, and our law enforcement officials don’t think such people have rights. They are wrong, Adegbile was right.

This is not truly a racial issue, but because Adegbile is black, because he worked for the NAACP, because the cop killer is black, because Obama is black and because Democrats have spent the Obama years making everything about race to serve their cynical political needs,  the controversy has been reported as a racial justice issue. It is really a stupidity issue, as I pointed out in my earlier post. It is stupid, ignorant and destructive to treat criminal lawyers as if they support the crimes of their clients.

The police lobby was strong enough, sadly, to defeat Adegbile’s nomination in the Senate, as sufficient Democrats from conservative states decided to cater to ignorance as enthusiastically as their Republican colleagues. Here are the Democratic Senators who voted “nay”:

Chris Coons (Del.)
Bob Casey (Pa.)
Mark Pryor (Ark.)
Heidi Heitkamp (N.D.)
Joe Manchin (W.V.)
Joe Donnelly (Ind.) 
John Walsh (Mont.)

Plus Harry Reid (Nev.), who switched his vote for tactical purposes.

Here is how NPR described them on NPR’s Morning Edition :

“A handful of southern Democrats joined Republicans yesterday to defeat president Obama’s choice to head the Justice Department’s civil rights division.” Continue reading →

Ethics Heroes: The Massachusetts Supreme Judicial Court

/ Jack Marshall / 30 Comments
Michael Robertson: pervert, creep, outrageous abuser of women who deserves to be shunned, despised and condemned by all decent people. But a criminal? Not yet...

Michael Robertson: pervert, creep, outrageous abuser of women who deserves to be shunned, despised and condemned by all decent people. But a criminal? Not yet…

The degree to which our media pundits fail to grasp the essential nature of the rule of law remains confounding, and this is another in a long line of examples. Worse, the lower court in this weird case failed to grasp it as well.

You see, there is conduct that is obviously wrong, which we call unethical. Some of that conduct is so wrong, so harmful, and so difficult to discourage with social opprobrium and informal enforcement alone that we pass laws against it, both to signal strong disapproval but also to add serious negative reinforcement, in the form of tangible punishment, to the mix. Then the wrongful conduct becomes both unethical and illegal. If we skip the essential intermediate step of writing and duly passing the law that designate the conduct as illegal, however, we have established a dangerous, indeed frightening precedent. Then we have created a society where one can be imprisoned or fined for conduct that is regarded as unethical without a law in place that empowers the state to take such actions against citizens who engage in it. Ethics, unlike law, especially on the margins, is never etched in stone. Once society starts imprisoning individuals based on ethics alone, none of us are safe.

Yet this morning I was subjected to the protests of one TV commentator after another who derided the absolutely correct decision of the Massachusetts Supreme Judicial Court to uphold this principle by throwing out the conviction of Michael Robertson, a sick sleaze-ball who was arrested in August 2010 by Boston transit police who had set up a sting after getting reports that he was using his cellphone to take photos and video up female riders’ skirts and dresses: Continue reading →

Gift Horse Ethics: The Babe, The Splendid Splinter, and The Ethics Of Self-Promoting Virtue

/ Jack Marshall / 17 Comments

sick child and-babe-jpgBaseball slugger Babe Ruth was famous for visiting hospitals and orphanages to give kids a thrill. Babe always had reporters in too to record his noblesse oblige , of course. He was an orphan himself, and nobody should doubt the Bambino’s genuine dedication and generosity when it came to kids. He just wasn’t going to let his good deeds go unnoticed.

Other baseball greats, notably Ted Williams, made most of his visits without fanfare or publicity, and he didn’t tip off the press. “The Splendid Splinter” wasn’t visiting kids in cancer wards because he wanted his fans to know what a good guy he was. He did it because he wanted to make sick children feel better.

Was the Babe less ethical than Williams? Did his self=promotion take the ethical sheen off of his good deeds? This is the issue raised by the activities  of the  “Magician Prankster” who calls himself “Magic of Rahat” on YouTube and Twitter. He recently posted a video called “Homeless Lottery Winner” showing him playing  a prank on a homeless man, who ends up with $1,000. He is understandably grateful:

Slade Sohmer however, on HyperVocal, is hearing ethics alarms: Continue reading →

Government Ethics: Luxury On The Taxpayer’s Dime

/ Jack Marshall / 41 Comments
And the best part is, those poor suckers in coach are paying for all of this! Bwahahahaha!!!

“And the best part is, those poor suckers in coach are paying for all of this! Bwahahahaha!!!”

The Washington Examiner acquired records of federal agency travel through the Freedom of Information Act, and made an interesting discovery:

“The federal government spent millions of dollars on thousands of upgraded flights for employees in 2012 and 2013, paying many times more for business and first-class seats than the same flights would have cost in coach or the government-contracted rate. Premium travel reports from 14 federal agencies documenting the flights show these agencies alone spent an estimated $8.7 million on 1,903 upgraded flights in those two years. That was about $6.4 million more than the same coach and government-rate flights would have cost. The agencies spent $5.7 million in 2012, almost double the $3 million they paid for premium travel in 2013. The cost of coach and government-rate flights is approximate because several agencies either reported estimates for some coach fare or didn’t report them at all.”

There is just no excuse for this. None. I can conceive of some rare situations when first class travel would be called for, but not many. The accommodations in coach for most international air travel is perfectly endurable, and the huge difference in price isn’t justified unless you have serious back problems or some other malady. The basic ethical question every public servant should ask himself or herself is this: would I fly First Class if I had to pay for it? Almost always, the answer will be “no,’ and even if the answer is yes, the standard for buying luxury seating on the public’s tab should be more stringent.  It’s not their money. That’s really the answer to the threshold “What’s going on here?”  ethics query in this instance. What’s going on is that the public’s trust is being abused by officials casually using scarce taxpayer resources for their own comfort and convenience. Continue reading →

Darling Ellen’s Deceptive Tweet For Samsung

/ Jack Marshall / 11 Comments
Taken completely spontaneously using a

Taken completely spontaneously using a Galaxy S5 by Samsung. Get yours today!

Ellen DeGeneris is adorable, and as ideal a public face to place on the image of gay acceptance and same-sex marriage as you could concoct in a marketing strategy meeting. She’s funny, she’s friendly, she’s nice: to be threatened in any way by Ellen is to be the epitome of an irrational homophobe.. Her accumulated good  largely insulated her from the negative criticism she earned with a shockingly inept performance as this year’s host of the Academy Awards ceremony. She didn’t exactly make one long for Seth (“We saw your boobs!”) McFarland, last year’s oppressive MC,but watching her—any experienced performer could see the signs of a comic who knew she was bombing and had no idea what to do about it—was uncomfortable when it wasn’t deadly boring.

The one routine that seemed successful was DeGeneris’s successful effort to create the “most re-tweeted tweet of all time,” which she accomplished by dragooning Bradley Cooper, Julia Roberts, Meryl Streep, Angelina Jolie, Brad Pitt, Jennifer Lawrence  Lupita Nyong’o, Kevin Spacey and Jared Leto in to take a selfie with her. It garnered over 3 million retweets at last count. But it was a set-up. This was not just a fun party stunt with friends, which is how it was represented to the audience and indeed to the stars themselves. No, the selfie was part of a very pricey deal between the Academy and Samsung, which sells the recently enhanced Galaxy S5 Ellen used to take the picture.

From the Wall Street Journal: Continue reading →

Being Fair To College Student Ideological Idiocy

/ Jack Marshall / 55 Comments
Luckily for him, the bank president who wrote this foolishness in 1969 didn't sign his name to it...

Luckily for him, the bank president who wrote this foolishness in 1969 didn’t sign his name to it…Ah, my old college days!

My attention has been drawn recently to two essays by college students, both presumably sent to me on the theory (or hope) that reading them would kill me. The first, published in the Drexel Triangle (the student paper), argues that stage directors should be prevented from casting actors who look the way the playwright envisioned them. The second, published in the Harvard Crimson, makes an even more disturbing assertion: its author asserts that Harvard should stop guaranteeing professors and students the right to advocate controversial views or pursue research that challenges liberal views and assumptions.

I don’t want to devote the bulk of this post to rebutting these two essays, which are, I think self-rebutting. In the theatrical essay, student actress Alyssa Stover argues that a stage director shouldn’t have the right to decide that, say, casting an Asian dwarf as black boxer Jack Johnson in “The Great White Hope” would lead to a less effective production (that is my example, not hers—she objects to a director of “Cabaret” refusing to cast African-Americans as a matter of historical accuracy):

“These arguments are fundamentally flawed. What the audience wants is almost impossible to measure because the “audience” is composed of anyone who can get a ticket. A director or producer’s right to deny someone a role due to their appearance is debatable because this is a judgment based on one person’s preferences and may not actually create something that is stage worthy. The current status quo allows people to be barred from the stage due to physical “flaws,” as determined by the direction. These judgments are not harmless, and when the issue of race is involved, the problem only gets bigger.” Continue reading →

Legal Ethics Quiz: The Bean Bag Tossing Defense Lawyer

/ Jack Marshall / 21 Comments
" I swear, you can do this in court. I saw it on "Ally McBeal"...

” I swear, you can do this in court. I saw it on “Ally McBeal”…

Holy crap! Here is a courtroom stunt you don’t see everyday…or ever.

The dramatic bribery trial of Rhode Island defense lawyer Donna Uhlmann and co-defendant Jamaal Dublin took a hard left turn into “Boston Legal” territory and beyond with the, well, creative closing argument of Dublin’s lawyer, Christopher T. Millea. It was so creative, he was nearly held in contempt of court.

“You see, all of this has to do with the throwing of feces,” said Millea, cleverly reminding the jury of the bizarre conduct of a key state witness who once threw his own excrement at a prison guard.  “The state wants to throw as much against the wall to see what sticks, just like Michael Drepaul throwing his feces …”

With that introduction, Millea took two bean bags out of a box he had placed in front of the jury, and threw them at the courtroom door. Then he retrieved the turd stand-ins and placed them in another box near the door, and placed that box next to the one in front of the jury, which, it was later discovered, read “Reasonable doubt,” though only the jury could see the words. The first box was labelled, “State’s case.” Continue reading →