Month: November 2015

Ten Ethics Observations On The Resignation Of University of Missouri President Tim Wolfe

/ Jack Marshall / 91 Comments

dominoes2

…for nothing, as far as I can see, except being in the wrong job when an “I’m mad at the world and somebody has to pay for it” tantrum by some of the black students got out of control.

Observations:

1. I have searched and searched for a substantive reason for the upheaval. There is apparently nothing there. The university, the education of students and two men’s career’s (the University’s Chancellor has also been forced to resign) have all been disrupted, and for no good reason, except that some students decided it was a good time to grandstand. This makes the entire episode unjust by definition.

How ironic it is supposed to be about “justice.”

2. The main driver of events was graduate student Jonathan Butler, who started a hunger strike to force Wolfe to resign”for justice.” Given a chance to explain his position by the Washington Post, he had nothing definitive or constructive to offer, just vague dissatisfaction:

“I’m saying, even if you can’t really understand systemic oppression and systemic racism, is the fact we can’t be at a university where we have values like “Respect, Responsibility, Discovery and Excellence” and we don’t have any of those things being enacted on campus, especially in terms of respect. I’m on a campus where people feel free to call people the n-word, where people feel free as recently as last week, to used [their] own feces to smear a swastika in a residential hall. Everything that glitters is not gold. We really need to dig deep and be real with ourselves about the world we live in and understand that we’re not perfect but understand that just because we’re not perfect doesn’t mean we don’t start to understand and address the issues around us.”

Right. Some kids in a car that may not have been students and another individual on campus who has not been identified used  racial epithets. Some mentally deficient person, also unidentified, drew a swastika on campus using human excrement. (This type of incident tends to be a hoax  as often as not.) What exactly is the president of a university supposed to do about such things ? Wolfe mandated “sensitivity courses” for everyone on campus, which is already too much. I would refuse to attend. I would not respect anyone who did attend.

Heck, I might start a hunger strike.

It works. Continue reading →

Ethics Hero: 11th U.S. Circuit Court of Appeals

/ Jack Marshall / 17 Comments

blog_credit_card_swipe

It’s a small victory to be sure, but those of us who want to protect free speech must take our hope from whatever sources we can.

In the case of Dana’s Railroad Supply v. Florida, the sharp-eyed Atlanta-based 11th U.S. Circuit Court of Appeals  struck down a Florida law barring merchants from imposing a surcharge on customers for credit card use.

The law allowed merchants to give discounts for cash, but would not permit surcharges for using credit cards. “Ah HA!” realized the court, This violates the First Amendment, because it penalizes businesses that want to call price differences based on credit card use a surcharge rather than a cash discount, and they are the exact same thing. “You can penalize credit card users,” the dumb law said, “but you have to call it what we tell you to call it.”

“Tautologically speaking,” the opinion said, “surcharges and discounts are nothing more than two sides of the same coin; a surcharge is simply a ‘negative’ discount, and a discount is a ‘negative’ surcharge. As a result, a merchant who offers the same product at two prices—a lower price for customers paying cash and a higher price for those using credit cards—is allowed to offer a discount for cash while a simple slip of the tongue calling the same price difference a surcharge runs the risk of being fined and imprisoned.”

“The First Amendment prevents staking citizens’ liberty on such distinctions in search of a difference.”

Love it.

___________________

Pointer and Facts: ABA Journal.

The Starbucks Stupid Red Cups Uproar Is Trivial, But The Growing Cultural Insanity That Caused It Is Not

/ Jack Marshall / 45 Comments

STARBUCKS-cups

On one level, the angry protests by some evangelicals and others regarding Starbucks’ eschewing the placement of snowmen, Christmas tree ornaments, reindeer and whatever other holiday kitsch they have festooned their coffee cups with in past years is too stupid to waste time discussing. Here, read all about it if you have a strong stomach. It appears to be yet another of those issues that deserves the George S. Kaufman rebuke. [ “Mr. Fisher, on Mount Wilson there is a telescope that can magnify the most distant stars to twenty-four times the magnification of any previous telescope. This remarkable instrument was unsurpassed in the world of astronomy until the development and construction of the Mount Palomar telescope. The Mount Palomar telescope is an even more remarkable instrument of magnification. Owing to advances and improvements in optical technology, it is capable of magnifying the stars to four times the magnification and resolution of the Mount Wilson telescope.Mr. Fisher, if you could somehow put the Mount Wilson telescope inside the Mount Palomar telescope, you still wouldn’t be able to see my interest in your problem.”]

Yet the fact that not just a few recently escaped inmates of a mental institution would make an issue of the design of Starbucks coffee cups, but lots of people, is significant. Continue reading →

Unethical Maybe, Unprofessional Definitely: Saturday Night Live With Host Donald Trump

/ Jack Marshall / 44 Comments

donald trump larry david snl

Last night, Saturday Night Live was terrible, even for Saturday Night Live. The skits were flat and desperate, the performances were slack and lacking energy. My reaction from the almost joke-free cold open (if an actress can’t do a better impression of Rachel Maddow than that, it’s time to hang it up) was, “They are intentionally tanking this!”

My impression got stronger as the show went on. If anything, SNL’s current young cast usually tries too hard. The key to live comedy performing is radiating energy and control, as well as communicating that you are having fun. Last night it was the mostly opposite: no energy, no enthusiasm. An off night that just happened to fall on the night that Donald Trump was hosting? Maybe. You can say my suspicions are born of confirmation bias, but I was surprised. These are supposedly pros. They should be able to deliver if they had to perform with Satan.

Trump wasn’t phoning it in. He was doing his best, and it wasn’t bad by the standards of a non-performer. The SNL cast acted as if it didn’t want to associate with him. Continue reading →

“Baretta,” The Ethics of Criminal Justice, And Keeping The Sentence From The Jury

/ Jack Marshall / 17 Comments
Just stay in the box, everybody...

Just stay in the box, everybody…

Florida criminal defense lawyer has made a thorough and passionate argument on his blog for letting a jury know what the sentence is likely to be if it convicts the defendant in a criminal trial. He writes in part:

Florida juries are not permitted to know the most basic truth of a case—the potential sentence. Kind of crazy, right? Citizens are not allowed to know the sentence that will result from their verdict out of fear that such information would sway the jury’s conscience toward not guilty (God forbid a jury with a conscience!). Such fears say a lot about how harsh our criminal justice system has become. Continue reading →

The University Of Missouri Football Players Boycott And The Campus Race Conflicts To Come

/ Jack Marshall / 33 Comments
In 1967, it was called "Columbia"...

In 1967, it was called “Columbia”…

I have searched far and wide, and this appears to be the full extent of the alleged provocation for the revolt of black students against the president of the University of Missouri, Tim Wolfe:

Sept. 12: Missouri Students Association president Payton Head posts about a racial slur directed at him.

Payton Head, MU senior and president of MSA, renewed the dialogue about racism and the racial climate on the University’s Columbia campus after publishing a Facebook post about his first-hand experience with racism. The night before, Head said he was walking around campus when the passenger of a pickup repeatedly shouted the “N-word” at him.

Head’s statement went viral on social media, and many people shared their support of Head and frustration with MU’s response, or lack thereof, to his post. “I’d had experience with racism before, like microaggressions, but that was the first time I’d experienced in-your-face racism,” Head told a Missourian reporter.

Oct. 5: Legion of Black Collegians members are the targets of racial slurs by a man on campus.

Another instance of racism brought the racial climate on campus again to the attention of students and administrators.

The Legion of Black Collegians shared a letter on social media describing the group’s encounter with overt racism the night before. The group was rehearsing for a performance at Traditions Plaza when a “young man” talking on his cellphone walked up to the group. After being politely and repeatedly asked to leave, the man walked away but referenced LBC members using racial slurs.

That same day, MU Chancellor R. Bowen Loftin responded with a post of his own, acknowledging and condemning racism at MU.

“There was a silence that fell over us all, almost in disbelief that this racial slur in particular was used in our vicinity,” Naomi Collier, president of MU’s NAACP chapter and member of the LBC’s activities committee, wrote in the letter.

Oct. 8: Loftin announces mandatory online diversity training for faculty, staff and students, which is met with widespread skepticism.

The training came after a number of accounts of overt racism experience by students on campus, but was met with skepticism and suspicion.Jonathan Butler, MU graduate student and campus activist, wrote a letter to Loftin saying the training was “a step in the right direction, but it is not enough.”

More recently,  someone used human feces to draw a swastika inside Mizzou’s Gateway Hall. Continue reading →

Ethics Dunce: United Airlines

/ Jack Marshall / 15 Comments

airplane 1There’s got to be an explanation for this other than the one the creates paranoia and dread. But what is it?

Canadian conservative commentator  Mark Steyn, a funny, bright and eclectic author—I learned about him first be reading his book on the decline of Broadway musicals—was flying on United when he discovered that his website, steynonline.com is on a United Airlines blacklist that blocks passengers from accessing the site on the airline’s in-flight WiFi system.

It really was called a blacklist by the airline. Steyn tweeted United during the flight for an explanation. Someone at American had the wit to tweet to Steyn, still airborne, that they wouldn’t block his site.

What’s going on here?

I know that porn sites are blocked by airlines, but conservative blogs and websites? No, it’s not a First Amendment issue, it’s a “Who the hell do you think you are?” issue. Content censorship by an airline? Steyn wants his WiFi fee back, but imagine if hotels, airports and Starbucks adopted this form of private censorship. I’m assuming/hoping that this was a stupid mistake and just incompetence, since incompetence is what United is best at. Yet so far, if the airline has an explanation, it hasn’t been publicized.

Ben Carson’s Stories

/ Jack Marshall / 21 Comments

ben-carson

The prevailing political foofaraw right now involves Ben Carson’s account, in his 1990 autobiography, regarding a phantom “offer” to attend West Point. Before some analysis, a word or two..

Ben Carson has no business running for President. His supporters are irresponsible and deluded. I was just on WGAN (Maine) on Arthur King’s show, and Carson was discussed. A Carson supporting caller took issue with my statement that he was flat out unqualified for office whatever had been said to him about West Point, and protested that he was a brilliant surgeon, and successfully managed his surgical team. We ran out of time, and I didn’t get to say, “So what?” Is Ned Yost a potential President because he successfully managed a baseball team to a World Series victory? Yost’s training and experience have as much correlation to political leadership as Carson’s, and arguably more. Carson has no qualifications for high office. He is easily the least qualified candidate in either field, with no management experience, no political talents, weak speaking skills, negligible presence, irrelevant education and training, and terrible political instincts. You could throw a rutabaga  into a crowd and have a good chance of hitting someone who would be a more promising President.

Wrote J. Christian Adams succinctly about the current controversy,

“[T]he incident reveals a recurring and perhaps unrecoverable trait of candidate Carson.  He just doesn’t seem to know what he is talking about, whether it be Cuba, the Voting Rights Act, or how West Point works.”

Yes, and that too.

So if this typical example of the news media blowing a relatively minor incident out of proportion because a Republican poses a threat to Democratic domination should result in Carson’s demise, good. Something has to. It is wrong, another example the double standard we are all used to; and the news media should be called on it hard. Still, if it ends the embarrassing distraction that is Ben Carson, I’m not weeping. The ends don’t justify unethical means, but that doesn’t mean that we can’t enjoy the ends anyway.

Let us pretend that Carson is a competent, qualified and deserving candidate for President, just to try to strip the bias away. How significant and serious are Carson’s various misrepresentations?

These all arise from what Carson wrote about his youth and early years in 1990, 25 years ago, when running for President wasn’t a twinkle in his eye. He…heck, we can’t pretend, because a competent candidate would be smart and experienced enough to say,

“You know, I didn’t expect anyone to read the book, I wrote most of it off the top of my head, my memory was faulty, I didn’t check the facts and I should have. The West Point story is typical. To me, it sounded like I was being told that I could get into West Point if I wanted to, and that I wouldn’t have to pay tuition, which to me meant a scholarship. I wasn’t trying to fool anybody then or now. I’m sorry. I’ve learned a lot in 25 years. I know most of our personal memories are distorted over time, and cannot be relied upon; mistakes like these turn up to varying degrees in all personal accounts. Bill Clinton says he remembered lots of church burning in Arkansas when he was growing up. Hillary Clinton said she was named after Sir Edmund Hillary, who didn’t become famous for climbing Mount Everest until six years after was born. The difference between my memory flawa and theirs was that mine can’t be attributed to political dissembling. Next question.”

If he had said that, then his other statements that didn’t check out could be explained the same way, and reasonably so. Instead, Carson and his defenders are denying, accusing, double-talking and parsing words like the Clintons. This is foolish because

I) Carson’s not as practiced at it as the Clintons,

2) …The truth is always better, and,

3) Unlike when the Clintons lie, most of the news media are looking for justifications to destroy him as it did Herman Cain. Reporters do not want to not be fair or reasonable with Carson, and certainly not complicit in deception as regularly is for Hillary. Continue reading →

Comment of the Day: “Unethical Quote Of The Week: My Progressive, Rational, Educated and Gay Facebook Friend”

/ Jack Marshall / 14 Comments

stereotypes

Unlike most Comments of the Day, this one by Penn/Same Penn, who has two aliases here due to WordPress’s inexplicable habit of eating his posts, requires some back-reading to fully appreciate…but it is worth the effort.

The original post is about a Facebook friend’s mass condemnation of the Lone star State as a frightening, bigoted and  violent place where he would never set foot, in part because of his anger over Houston’s rejection last week of a bill that would expand LGBT civil rights in the city. My post noted that painting Texas with such a broad and harsh brush is itself bigotry—a position that cannot be rebutted, I believe—and reader Neil protested that the anti-Texas and Texans sentiment was just.

This inspired P/SP to one of the most eloquent and thoughtful posts Ethics Alarms has ever received, on any topic, and his is complex here, far ranging from its inspiration.

Here is Penn’s Comment of the Day on the post, Unethical Quote Of The Week: My Progressive, Rational, Educated and Gay Facebook Friend: Continue reading →

Comment of the Day: “Whining”

/ Jack Marshall / 18 Comments
(Pssst! John! JOHN! You're not running! )

(Pssst! John! JOHN! You’re not running! )

The resilient and provocative Charles Green offers a challenge to the underlying point in “Whining,” the recent post about efforts by some (but not all) members of the news media to pooh-pooh Republican objections to what they (and I ) regarded as outrageous disrespect and bias displayed by the CNBC panel in the recent Republican debate.

I have a five word rebuttal and bit more afterwards, but for now, here is Charlie’s Comment of the Day on the Ethics Alarms Post, “Whining.” Continue reading →