Month: December 2014

What Michelle Obama Calls Racism…Today, Anyway

/ Jack Marshall / 69 Comments

Target Michelle

The current People Magazine has a feature titled “The Obamas: How We Deal with Our Own Racist Experiences,” in which both Obama’s reflect on their personal experiences with a racist America. It begins like this…

“The protective bubble that comes with the presidency – the armored limo, the Secret Service detail, the White House – shields Barack and Michelle Obama from a lot of unpleasantness. But their encounters with racial prejudice aren’t as far in the past as one might expect. And they obviously still sting.”

Here is a relatively recent experience, the first one cited by Mrs. Obama in the article, that “stung”:

“I tell this story – I mean, even as the First Lady – during that wonderfully publicized trip I took to Target [in 2012], not highly disguised, the only person who came up to me in the store was a woman who asked me to help her take something off a shelf. Because she didn’t see me as the First Lady, she saw me as someone who could help her. Those kinds of things happen in life. So it isn’t anything new.” 

That’s right, Michelle feels—or says she feels—that this incident was proof of incipient racism, one of the “micro-aggressions” that white society inflicts on African Americans daily, sapping their self-esteem, confidence, and trust in society.

She’s right that it “happens in life” and isn’t new. In fact, it happened to me, in the local Target, coincidentally, just last month. A very short elderly Asian woman asked if I would take down a large container of laundry detergent from a high shelf. Obviously, she thought I worked at Target and was denigrating me, applying racial stereotypes to a large bald Greek-American man.

I can say with no hesitation whatsoever that what happened to Michelle at Target was not an incident of racial stereotyping. The photo above shows how Michelle was dressed on the fateful day, and anyone who would mistake her flowered blouse, Nike hat, shades and shopping cart as the uniform of a Target employee had recently escaped from a Home for the Bewildered. What wasn’t new about the encounter is that in a healthy, ethical community strangers should ask each other for kindly help and assistance, and normal, non-paranoid, non race-obsessed citizens—and especially their leaders, who are supposed to model responsible  behavior— ought not to be so warped by ideologically-dictated confirmation bias that their immediate reaction is, “Hmmmm…what did she mean by that?” Continue reading →

Seeking Justice And Fairness in Topeka, And Arriving At Stupid

/ Jack Marshall / 20 Comments
With a song!

With a song!

In Topeka, Kansas, Judge Mark Braun was confronted with a legal and ethical dilemma, thought hard, and arrived at ridiculous decision, with the of best intentions.

Defendant Lance Franklin was in the fourth day of his trial for rape when he decided that he didn’t like his lawyer’s face or something and thus sucker-punched him in open court. Franklin is  is six-feet, three-inches tall and weighs at least 260 pounds; he devoted attorney weighs about 170 pounds and is considerably shorter. This sort of thing happens now and then (it happened in Kansas earlier this year) does not go over well with juries. Imagine, for example, if Mike Brown hadn’t been killed and was being tried for assaulting an officer, and he did this to his lawyer right after his mother had told the jury what a gentle, promising child he was. The display would, one would think, undermine his credibility when he swore he was just meekly surrendering….well, with the racist jurors, anyway.

Thus, when this happens, judges declare mistrials because a fair trial is no longer possible. Ah, but Judge Braun has seen it all: you can’t trick him. He knows that if Kansas defendants see one accused criminal get to start all over because he cold-cocks his lawyer, they’ll all do it if the trial is going badly. So after senior assistant district attorney Dustin Curry begged him not to reward Franklin for his unmannerly gesture, Braun ruled that declaring a mistrial would “essentially put a target on any defense attorney’s back.”

The trial goes on, presumably with a new lawyer. And, when Franklin is found guilty, a successful appeal and new trial is virtually guaranteed, because a fair trial after something like this is impossible.

The judge was trying to be careful and considerate; he should be commended for not making an automatic decision to call a mistrial just because that’s what every other judge has done. He kept an open mind, and listened to a novel argument. Sometimes, however, an open mind lets stuff in causes havoc. In his effort to prevent lawyers from becoming in-trial punching bags, he guaranteed one defendant a second trial, and just moved that target somewhere else.

For example, I’m pretty sure attacking the jury mid-trial is a sure-fire recipe for a mistrial if battering one’s lawyer won’t work.

Or better yet, deck the judge!

Deck the Judge to get a mistrial
Fa-la-la-la-la, la-la-la-la
Punching lawyers s’not for this trial
Fa-la-la-la-la, la-la-la-la
If your trial is going badly
Fa-la-la, la-la-la, la-la-la.
Rush the bench while swinging madly.
Fa-la-la-la-la, la-la-la-la!

____________________

Pointer: ABA Journal

Facts: Capital-Journal

“It’s Unethical To Be A Weenie,” Part III: Hypersensitive Law Students

/ Jack Marshall / 22 Comments

[Part I is here; Part II is here]

“Today’s lecture is on WHAT???????”

This belongs in an emerging sub-category: future legal weenies. We have already seen black law students insisting that they be able to defer exams because the Eric Garner death has them too preoccupied to concentrate, and other law students protest an “insensitive” exam question involving the Ferguson riots. This trend does not bode well for the ability of citizens to receive competent representation in years to come. The latest entry was revealed by Harvard law professor Jeannie Suk, who registers her observations  in the New Yorker.  Suk says rape law is becoming impossible to teach and may be dropped from criminal law courses because many students can’t handle the stress of the subject matter. Criminal law professors at several schools confirmed that they are no longer teach rape law because they fear student complaints.  Suk writes, “Many students and teachers appear to be absorbing a cultural signal that real and challenging discussion of sexual misconduct is too risky to undertake—and that the risk is of a traumatic injury analogous to sexual assault itself.” Continue reading →

“It’s Unethical To Be A Weenie,” Part II: Our Craven, Terrorism-Validating Theater Chains

/ Jack Marshall / 23 Comments
Or maybe not...

Or maybe not…

[Part I is here]

Regal Cinemas, Cinemark, Cineplex, Bow Tie Cinemas, Carmike and AMC Theatres will not show “The Interview” because the North Korea-based hackers that breached Sony Pictures Entertainment e-mail security threatened movie theaters and moviegoers who attend screenings of the satire. More theater circuits are expected to follow, because terrorism works especially well against weenies.

Leading the way for this disgusting weenieism display were first, Sony itself, which reportedly toned down the film in response to earlier threats from the group, and then the stars of the comedy, James Franco and Seth Rogan. They both cancelled all their publicity appearances and are evidently hiding under their beds, caving to the dictates of unknown critics who are almost certainly not in the country. Oooh, but they’re so scary!

First they stole emails from Sony executives to retaliate for the comedy’s story line, which involves an assassination attempt on the life of North Korean leader Kim Jong-Un by two morons. Then the group issued a warning referencing 9-11 and warning Americans, to stay away from theaters showing “The Interview”:

“We will clearly show it to you at the very time and places The Interview be shown, including the premiere, how bitter fate those who seek fun in terror should be doomed to. Soon all the world will see what an awful movie Sony Pictures Entertainment has made. The world will be full of fear. Remember the 11th of September 2001. We recommend you to keep yourself distant from the places at that time. (If your house is nearby, you’d better leave.) Whatever comes in the coming days is called by the greed of Sony Pictures Entertainment. All the world will denounce the SONY.”

Or “All your base are belong to us.“

Continue reading →

Encore: “Ethics Call To Arms: Fight the ‘Fuck You!’ Culture”

/ Jack Marshall / 20 Comments

 

kid fu

[This happens sometimes with 5000 posts in the bank: some topic causes me to find one that I can’t even remember writing, and I realize that I still agree with it, and if I forgot about, everyone else probably did too. The previous post led me to link to this one, and I decided that the list of steps I recommended to try to halt the culture’s slide into permanent vulgarity and incivility was worth re-posting, especially since five years ago the blog got less than a fifth of the traffic it does today. Thus I am re-posting this one, slightly edited to remove a few rhetorical excesses and outdated references, from November 18, 2010.]

“Every action done in company ought to be with some sign of respect to those that are present.”

This was the very first edict in the list of civility rules memorized by George Washington as a child, rules that shaped his character and significantly influenced not only his life and career but the fate of America. Like most of Washington’s 11o rules, the first has universal and timeless validity, pointing all of us and our culture toward a society based on mutual respect, caring, empathy, and fairness.

Recently, however, there has been a powerful cultural movement away from George’s rules and the culture of civility that they represent. Rudeness has always been with us, of course, and public decorum has been in steady decline since the Beatniks of the Fifties, to the point where it is unremarkable to see church-goers in flip-flops and airplane passengers in tank-tops. Something else is going on, however. Like the colored dots of paint in a George Seurat painting, isolated incidents and clues have begun to converge into a picture, and it is not one of a pleasant day in the park. I believe we are seeing a dangerous shift away from civility as a cultural value, which means that we are seeing a cultural rejection of ethics. Continue reading →

“It’s Unethical To Be A Weenie,” Part I: The Lipreading NFL Fans

/ Jack Marshall / 6 Comments

Preface: The Rise of the Weenies

Tom Brady, mid-

Tom Brady, mid-“Fuck!”

Everywhere we look, it seems, we see the United States culture being threatened by weenies and the rise of Weenyism. In a nation founded on the principles of self-reliance and individual liberty, built and shaped by stunningly brave men and women who hacked civilization out of an uncertain and perilous wilderness, there is a growing mass of citizens—the cancer imagery is intentional—who are committed to giving the government near total control over every conceivable danger, threat, peril, offense, inconvenience or annoyance, real or imagined, as the role of individual Americans devolves into pointing and saying, “There! Fix that! I don’t like that! Arrest them. Fine him.” Increasingly, the primary motivation for public policy is fear, planted by activists and politicians to panic, terrify and mobilize the weenie base, who are ever eager to trade individual freedom for protection against, well, almost everything.

I know I am hyper-sensitive to the weenification problem right now, having spent three weeks reviewing the history of the American West and its portrayal by Hollywood in preparation for my Smithsonian Associates program last week on how the Hollywood Western shaped American culture. Around the same time that the Sixties exploded, the culture’s unified acceptance of traditional American values began to collapse, just as the primacy of the Western as an entertainment genre declined. Now weenyism is in its ascendency. There are those who claim that the name of a distant football team causes psychological trauma to Native Americans who don’t follow football. Blogger Andrew Sullivan (a candidate for Head Weenie) asserts that the United States should have the “courage” to do nothing about ISIS and allow it to run amuck (the ultimate goal of the Weenies: an Orwellian “Weenies Are Heroes” motto). Feminists insist that women are so vulnerable to male sexual predations on campus that due process, fairness, common sense and much of the respect as equals their predecessors fought for must be surrendered, in a new system that begins with the presumption that all men are potential rapists and all women simpering, helpless victims, even when they say “yes.” College students and other are demanding that books, stories, essays and blog posts contain “trigger warnings” to alert weenies that words and topics in the text might give them the vapours. Needless to say—I hope—this not a healthy development for the United States, or  our culture.

The resistance to Weenyism ought not to be a partisan issue. The obligation to help the weak, disadvantaged and powerless become stronger, overcome their handicaps and acquire power is part of the American tradition too. Somewhere, however, this obligation was distorted by the realization that in a system where the government is looking for victims to justify its existence, Weakness Is Power (Orwell again). Weenies—fearful, risk-averse, passive-aggressive citizens who shrink from conflict, confrontation and the messy process of democracy— have realized that they can mobilize power to satisfy their narrow biases and interests, often at the expense of their fellow citizens’ right to liberty and the pursuit of happiness. Now the culture is tilting away from the uniquely American model that encouraged individuals to fight their own battles and succeed or fail on the merits of their causes and their own determination and skill, to one that rewards the perpetually offended, victimized, and passively unsuccessful.

It is unethical to be a weenie, and equally unethical to allow Weenieism to overcome what has been an American cultural strength.

Part I: The Lipreading NFL Fans

Several TV viewers who watched the NFL’s  New England Patriots-Green Bay Packers made official complaints to the Federal Communications Commission because they could see Patriots quarterback Tom Brady saying “fuck” repeatedly on the sidelines in frustration over his own play.  They couldn’t hear it, mind you: they were just able to read his lips. This was so horrible that they felt that the Federal government needed to investigate and take remedial action.

One complaint was from an Indianapolis parent who wrote that their “6 year old children know how to read lips.” Another was from a Pennsylvania grandparent who complained to the FCC,  “My 8 year old grandson was watching the game with me and even commented that he should not have said that.”

The Horror. Law professor Jonathan Turley opined on his blog,  “I do not believe that this was a good thing for a NFL QB to be doing.” Well, sure: he should be picking his nose of grabbing his crotch, either, but this isn’t scripted, and its a football game.  The whistle has to be blown for Federal retribution for mouthed obscenities to nobody in particular, as these sensitive parents and grandparents happily allow their delicate charges to cheer men in the process of maiming themselves and risking that their children will be changing their fathers’ diapers in the disturbingly near future?

The really frightening thing is that our regulatory morass encourages such attempts at censorship. Continue reading →

Now THIS Is An Unethical Lawyer!

/ Jack Marshall / 10 Comments
"Not there, you idiot! Remember, my cousin said to find those drugs he planted UNDER the car!"

“Not there, you idiot! Remember, my cousin said to find those drugs he planted UNDER the car!”

To give you further faith that our justice system is in good hands, this guy was formerly a judge, too. In fact, it was his forced resignation from the bench that inspired him…well, let me begin at the beginning.

Georgia’s Judicial Qualifications Commission investigated Bryant Cochran, then the chief judge of Murray County’s Magistrate Court, after a woman said Cochran had made inappropriate sexual advances toward her when she came to his chambers to seek some warrants. She alleged that Cochran told her he needed a mistress and wanted her to come to his office wearing a dress and no underwear.

Smoooooth.

The results of the inquiry led to Cochran’s  resignation from the bench in August of 2012. To get his revenge, Cochran persuaded one of his tenants to plant a box containing meth under the car of his accuser. Cochran then called police with a tip that she was carrying drugs. Police stopped her car and used a drug-sniffing dog to  turn up the illegal substance, but the dog’s sniffing came to naught. A police officer who just happened to be Cochran’s cousin—hmmmmmm—  informed his colleagues that the drugs were in a magnetic container attached under the vehicle. Continue reading →

Ethics Alarms Mail Bag: The Cologne Allergy

/ Jack Marshall / 35 Comments

Perfume allergyEvery now and then readers think I’m Ann Landers. Today I got a “Dear Ethics Alarms: What’s right?” e-mail from a friend, and I thought I’d answer it on the blog because it raises a classic ethics conundrum.

The inquirer belongs to a social group that meets weekly. It is a weekly joy, I am told; the writer has been attending for years. Everyone convenes, on the given day, right after work. Attendance varies, and membership is informal, though individuals have been told, on rare occasions, to come no more.

Of late an infrequent attendee, but a member of long standing, has begun to attend meetings with some regularity. My friend says this is not the happiest of developments, because the two do not get along. It is a breach of long-standing, I am told and is not going to be healed. “She is an asshole,” is how the letter delicately puts it.

Last week, shortly before the end of the 90 minute gathering, the recent interloper stood up and declared that she had developed a serious allergy to colognes, perfumes, aftershave, and all chemical scents. Looking right at my friend, she declared that this allergy made exposure to any sort of commercial scent unbearable, and she asked that in the future no members should wear perfume of any kind.

“I have worn a favorite brand of cologne every day for over thirty years,” the from my acquaintance letter says. “I always get complimented on it; the scent is subtle and nobody would notice it unless they were right next to me. The asshole and I have been separated by the length of the room since she started coming. Personally, I think she made the demand just to make me miserable. She knows, from our previous relationship [NOTE: I think it was more than just a friendship], that I wear the cologne.”

The question: Is she ethically obligated to stop wearing cologne on the day of the meeting (she goes right from work) to accommodate this member’s special problem?

Add to this the broader ethics question that comes up often: Does a group member with special sensitivity have the ethical upper hand allowing such a member to demand that all other members avoid conduct that only bothers that member? Continue reading →

“Beverly Johnson And The Bill Cosby Scandal”: NPR’S “On Point” With Michel Martin, and Me, Among Others

/ Jack Marshall / Leave a comment

old-microphone

//embed.wbur.org/player/onpoint/2014/12/16/bill-cosby-beverly-johnson-assault

The panel segment starts after the interview with Johnson, about halfway in. You can also listen on the WBUR website, here.

My comments regarding the discussion are here.

The Michel Martin Question I Didn’t Answer This Morning, and More On The Bill Cosby Scandal

/ Jack Marshall / 9 Comments

On pointIn the segment on “Beverly Johnson And The Bill Cosby Scandal” I just completed for NPR’s “On Point” program, out of Boston with the magnificent Michel Martin hosting, I emulated the Sunday morning talk show guests I so revile for answering questions by making their own points that have little or no relevance to what was asked. Michel asked me, as the time left in the hour-long program was ticking down, what ethical obligations consumers—that is, the audience for his concerts, TV shows and albums—have regarding Cosby, in light of the rape allegations against him.

I was still stunned by the comments made by three callers, encompassing several ethically confused assertions that you know I would find annoying:

  • That the victims should not be coming forward so late;
  • That Cosby is “innocent until proven guilty” (GRRRRR…);
  • That it’s “easy” for women to make unsubstantiated allegations against celebrities, and
  • That there is a parallel between the allegations against Cosby and the Rolling Stone campus rape story.

That last one especially had my head threatening to explode, which would not be good for my relationship with NPR, so I think I can be forgiven for missing Michel’s query. Yes, the UVA rape allegation is exactly like the Cosby scandal, other than the fact that the accusers in Cosby’s case have come forward publicly while “Jackie” has not; that its two dozen (so far) alleged victims for Cosby and one in the UVA case; that one situation is a classic example of abuse of power, wealth and influence and the other is not; that Cosby settled one claim rather than air the allegations in a court of law; and that virtually every part of “Jackie” claim has failed to hold  up under scrutiny and investigation, whereas Cosby, the one individual who could offer evidence to counter the allegations against him, has done nothing but have spokesmen and lawyers issue blanket protests and denials.

Yup. Identical.

My answer to Michel should have been this:

“It’s up to Cosby fans, If they still can still laugh and cheer at Cosby’s nice guy schtick and “America’s Dad” persona knowing that he’s a serial rapist, fine: laughter is good, get it where you can. Personally, I can’t laugh at someone whom I know has engaged in horrific acts, hurt women who admired and trusted them, and by his own conduct left another cultural hero lying face-down in the mud. I can’t forgive it, I can’t get past it, and I’m certainly not going to keep laughing. this is no different from the NFL fans who keep wearing Ray Rice jerseys, or for that matter, Democratic women who continue to swoon over Bill Clinton. If they do, they either:

  • Can’t get over their cognitive dissonance, and at some level refuse to believe what cannot be rationally denied, or…
  • Don’t think the conduct involved—punching women, exploiting women, raping women—is worth getting upset about, or…
  • Buy the absurd personal/public dichotomy, and can still cheer wife-beatering athletes, star-struck intern-exploiting leaders, and raping comedians.

All of these are sad and impossible to justify, but they are common. Does the continued support of a Cosby ratify his conduct? Not in the eyes of his undeterred fans, but in the culture? Of course it does. If Bill Cosby’s career escapes relatively unscathed by this, and he is not held accountable by society, the verdict of the culture will be a particularly extreme version of The King’s Pass: if you are rich enough, powerful enough and seen as contributing enough to society, then you will be held to a lower standard, and can get away with, if not murder, serial rape.”

Continue reading →