Month: June 2016

Facebook’s Sad, Ignorant, Compassionate, Irresponsible Post-Orlando Freakout

/ Jack Marshall / 43 Comments

antigun cartoon

If I had the time and wanted to anger about two-thirds of my friends, I could go around Facebook and explain to them why their latest posted anti-gun meme, or latest simple-minded anti-gun cartoon, or furious rant against the NRA, Republicans and “gun nuts,” show them to be ignorant, hysterical, and irresponsible citizens. Maybe I’ll spend a day doing this and see what happens.

The culprits are everywhere, from all backgrounds. These aren’t just my actor friends, who tend to memorize lines with their brains and think with their hearts. It’s many of the lawyers I know too….also journalists, writers, policy-makers—all kinds. As they quote with approval partisan and ignorant anti-gun pundits, actors or elected officials, they also erupt with emotion, counting on a welter of “likes,” “loves” and crying faces from the friends, who uncritically cheer the sentiment without challenging the execrable law and logic. The process repeats over and over, like a rinse cycle, until the original posters are not only convinced that they are right, but that anyone who disagrees is an evil promoter of violence not worthy of human association. I have read, more than once, “If you disagree, keep your opinion to yourself, or I’ll unfriend you.”

I confess, I’ve resisted my natural instinct to take up those dares, because these people are in pain, and, frankly, temporarily deranged. Many of them are gay, an identify personally with the victims. I sympathize with that. They also have a right to their anti-gun opinions, but they are polluting an important debate and making any resolution impossible by being willfully ignorant, and rebelling in it. The lawyers are especially disgracing themselves. Again—it is irresponsible, and it is bad citizenship.

If I were going to be a Facebook vigilante and point out the serious flaws in the various anti-gun rants, my Facebook friends would find more notes like this one, which I left in response to a good friend’s rant against the head of the Gun Owners of America  blaming the Orlando shooting on “Gun Free Zones.”  My friend wrote…

“I’m willing to entertain just about any argument for gun rights, but this one is SHIT. I will not be convinced that on Sunday evening, even a few, trained, people violating the Gun Free Zone in a dimly lit club, with HUNDREDS of panicked, perhaps inebriated, people running in every direction for their lives, could get a “good shot” to take out the man responsible for this atrocity. I believe the result is called more deaths by “friendly fire.”

I responded in part…

The argument is that murderous shooters will be less likely to come to kill when there is a chance that someone will be armed. This is not “shit”…This is the oldest pro-gun/anti-gun divide of all: the criminals and terrorists aren’t the ones who will follow the gun regulations; law abiding citizens are. That should be obvious. I don’t believe for a moment that one can blame the massacre on ” Gun Free Zones.”…but the argument that a shooting occurred because an area wasn’t a Gun Free Zone is even more silly. Is a terrorist going to say, “Ooops! Can’t slaughter gays in that club—it’s a Gun Free Zone!” Of course not. Might a terrorist choose not to attack a venue where he knows that one or more people might be armed, rather than one where he knows the law-abiding victims will be defenseless? Maybe.

Your point of bias, and it’s a common one, is that the presence of a gun makes one unsafe. The presence of a maniac makes one unsafe. If you happen to have a gun, maybe you’re a bit safer. Agree or not, that isn’t “fucking insane.” What I do think is fucking insane is people allowing emotion to eat their brains all over Facebook. It doesn’t help.

It just doesn’t help.  This friend is rational and thoughtful, and I expect him to take my critique in the spirit in which it was offered.  I can’t always count on a reasonable response, however, such as from the friends have posted this meme:

Anti-Gun meme 1

Machine guns and automatic weapons are illegal. The meme goes along with the laments of those who believe that the Orlando shooter used an “assault rifle” or a military weapon in the shooting. When you point out that it was not an “assault weapon,” they just shrug the distinction off as an irrelevant detail, and this is a tell. All guns are indistinguishable to many of my friends. Guns are bad, that’s all. This undercuts the lie—and I am now convinced that it is a lie—that they don’t want to ban guns and repeal the Second Amendment.

Ken White wrote perceptively, as he usually does, on why this approach is both dishonest and counter-productive:

I support the argument that the United States should enact a total ban on civilians owning firearms.

Oh, I don’t support the ban. I support the argument.

I support the argument because it’s honest and specific. It doesn’t hide the ball, it doesn’t refuse to define terms, it doesn’t tell rely on telling people they are paranoid or stupid in their concerns about the scope of the ban. The argument proposes a particular solution and will require the advocate to defend it openly…There’s a very good reason to care about what you mean when you argue that “assault weapons” should be banned: the term is infinitely flexible. If you think it inherently means something specific, you haven’t bothered to inform yourself about the issue. “Assault weapon” means whatever the definers decide it should mean. Banning “assault weapons” is the gun version of banning “hate speech” or “disruptive protest” or “dangerous persons” or “interfering with a police officer” — it’s a blank check. And I don’t like handing out blank checks to the government to ban things and jail people…

A lot of my Facebook friends do, however. Here’s a link approvingly posted by a lawyer friend, saying in part.. Continue reading →

Ethical Quote Of The Day: Marjorie Ingall

/ Jack Marshall / 7 Comments

pibull pile

“Let’s not generalize about an animal based on the shape of its head or the texture of its coat… Individuals are individuals. Generalizations—about dogs, or about people—are odious.”

—–Marjorie Ingall in her review of Bronwen Dickey’s new book, Pit Bull: The Battle Over an American Icon

I have several times,in posts here about the senseless, ignorant and unethical vendetta pursued against “pit bulls” [Ingall: “Pit bulls’ (meaning ‘any dog that looks the way we think a pit bull looks’) “], compared the reasoning of the anti-pit bull Furies to the logic of racism. Thus I was especially pleased to read Ingall’s essay, while she called “Pit Bulls—the Jews of the Canine World.” Another sample…

Nowadays, people associate pit bulls with thugs. And the word “thug,” as we all know, is barely coded shorthand for a young African-American man. (Truthfully, I’d thought of pit bulls being Jews … but comparing pit bulls to African Americans is even more resonant, in terms of the stereotyping both face.)…Study after study has shown that pit bulls are no more likely to bite than any other breed…Fear of the word “pit bull” and misplaced fear of the breed, combined with a healthy dose of racism, have trumped common sense.

You can find the Ethics Alarms post on this topic here.

Final Thoughts On The “Turn Back Time” DirecTV Ad, The Response To My Post, And Callousness Toward Life

/ Jack Marshall / 65 Comments

It’s not on TV any more, but to refresh your memory:

I’m usually a poor judge of the posts that attract controversy here.  The Ethics Alarms commentary about the Jon Bon Jovi DirecTV ad showing the fading rock star singing the virtues of a “turn back time” feature that will allow subscribers to the satellite service to watch shows from the beginning after they have already run is now five weeks old, and it is still drawing traffic and–I also didn’t see this coming—abusive responses. I haven’t changed my mind about the ad being gratuitously and smugly callous and promoting societal indifference toward children, but I have learned some things from the responses to my pointing it out, especially the angry ones.

This blog isn’t called Ethics Alarms for nothing. Its objective is to help people be more sensitive to ethical issues and the right way to handle them, as well as to give them tools to keep their ethics alarms in working order. My ethics alarms were always unusually sensitive–being raised by my father will do that—and have become progressively more sensitive with attention, trial and error, and study. They aren’t perfect, but when they go off, they go off. If I can find out what they are ringing…training and experience help with that…then I will often write a post about the reason they rang out. My alarms went off every time that DirecTV ad came on, but it took me about four viewings to analyze why.  Then I wrote the post.

The commercial has Bon Jovi explaining what’s so great about being able to “turn back time”: in addition to letting you watch the show you missed, he notes that you can have the mild salsa you turned down for a spicy variety, and retroactively decide not to have that second child you now regret. The child is shown drawing on the wall with crayons, and he vanishes as the crayons he was holding fall to the floor. The parents smile. Bon Jovi smirks.

I wrote,

“Why isn’t it immediately obvious that this shows antipathy to children, boys, and human beings generally? The human being who was made to go away because he was inconvenient and burdensome couldn’t have been a girl, because it would be a “war on women,” and the family couldn’t be Hispanic or black, because that wouldn’t have been funny, but a white couple erasing their son from existence because he misbehaves—now that’s comedy gold.”

The comments to the post made me realize that there is antipathy to children, and the concept of turning back time to eliminate an unwanted life is acceptable, and thus no big deal, to a large portion of our culture. Continue reading →

Now THIS Is An Unethical Candidate…And An Incompetent Liar!

/ Jack Marshall / 10 Comments

Diploma scam

I love this story, and salute Tim Levier for bringing it to my attention. As Tim suggested, it’s got everything. Dishonesty, incompetence, a window on the utter ineptitude of our educational system, the arrogance of unqualified officials believing that they can lie their way to power while having complete contempt for the public…and more, including a journalist actually doing his job and vetting the legitimacy of a Democrat!  A black Democrat, even!

Behold and prepare to be amazed…

Aurora School Board member and Democrat Eric Nelson is running for State Representative in Aurora’s District 42. Unfortunately for him,  a Denver7 reporter decided to check on his claimed credentials, and the hilarious result has his embarrassed party calling on Nelson to stop running for office,  and urging voter to support his opponent.

Nelson’s campaign website and his Aurora School Board biography states that he earned “a Master of Social Work from Northwest Nazarene University.” So Denver7 contacted the school, which said it had no record of Nelson attending. Nelson responded by sending what he said was a copy of his diploma via text message to two local newspapers, The Aurora Sentinel and The Colorado Statesman.

Denver7 Reporter Marshall Zelinger decided to examine the document (above) , and found several, er, problems: Continue reading →

Ethics Observations On The Unethical Quote Of The Week, By Senator Joe Manshin (D-WV)

/ Jack Marshall / 20 Comments

Manshin

“But due process is what’s killing us now.”

—- Democratic Senator Joe Manshin, of West Virginia, on MSNBC bemoaning the fact that the government can’t take away your rights based on “suspicion.”

Naturally, nobody on the network immediately responded, “WHAT???” I wonder if there are any broadcast journalists who would have challenged that crypto-fascist statement by a U.S. Senator. Think about that for a minute.

Just so you are clear that the quote isn’t out of context, here is what Manshin said (you can also watch the video here)

“The problem we have and really the firewall that we have right now is due process. It’s all due process. So we can all say, yeah, we want the same thing but how do we get there?” If a person is on the terrorist watch list like the gentleman, the shooter in Orlando, he was twice by the FBI, we were briefed yesterday about what happened, but that man was brought in twice. They did everything they could. The FBI did everything they were supposed to do, but there was no way for them to keep him on the nix list or keep him off the gun buy list. There was no way to do that. So can’t we say that if a person’s under suspicion,  there should be a five-year period of time of time that we have to see if good behavior, if this person continues the same traits, maybe we can come to that type of an agreement? But due process is what’s killing us now.”

Observations: Continue reading →

Fairness To Incompetent Lawyers?

/ Jack Marshall / 14 Comments
To be fair, Tamara can blame the fact that she thinks this is a good law suit on her cognitive problems..

To be fair, Tamara can blame the fact that she thinks this is a valid law suit on her cognitive problems…

Why this story didn’t make my head explode, thus rating the KABOOM! label, is a mystery. My theory is that the truly idiotic and ignorant exclamations on Facebook by my usually rational friends about guns in the wake of the Orlando terrorist attack have gradually strengthened my skull’s tolerance to internal pressure.

Once again, I have encountered a news story that required me to check and see if it was a hoax.

Tamara Wyche is a 2013 Harvard Law School graduate who is suing the New York State Board of Law Examiners. She claims she twice failed the bar exam because it refused to provide the same kind of testing accommodations that the law school did for her in her exams there, in recognition of her various cognitive problems. The fact that she flunked while being forced to take the exam under the same rules as everyone else resulted in the large Boston law firm Ropes & Gray terminating her employment. You can read her complaint here.

I confess that I didn’t read all of it: I didn’t want to press my luck with the old cranium.

The 29-year-old Wyche says she was diagnosed with depression and anxiety as a first-year law student at Harvard, and also  suffered several head injuries (?) that resulted in permanent memory problems and cognitive issues, requiring her to take several leaves of absence from her studies. She finally earned her law degree in 2013 thanks to Harvard granting her several doctor-recommended accommodations, including 50% extra time on tests, a separate testing room, and extra break time. She also was exempt from being called on in class, because of a propensity for anxiety and panic attacks.

Allow me to cut to the chase for a second, again in the interest of my dangerously bubbling brains, and perhaps yours. Continue reading →

When Big Corporations Act Exactly As Bad As Bernie Sanders Says They Are..

/ Jack Marshall / 17 Comments

Thank you city

Banking behemoth Citigroup is suing AT&T for using  “Thank You” in ads, because Citigroup claims that it owns the trademark on “THANKYOU.” See, it’s not enough that corporations want us to think of them when we go to a baseball game or maybe when we are wishing that our children never existed. They want us to think of them when we are being nice, too

No, this is not a hoax. I wish it were.

Law professor/blogger Jonathan Turley, who hates this as much as I do, has kindly provided links to other examples of this nauseating phenomenon (this , and this, yes, and this , don’t forget this, oh, and this nonsense , this ,this too ,here ,here ,another one here, here as well, and this), but this is really the last straw, or should be. Continue reading →

Ethics (and Legal) Dunces: Hillary Clinton And Everyone Else Who Is Suggesting That The Government Should Be Able To Keep Someone From Buying A Gun By Placing Them On A “No-Fly List””

/ Jack Marshall / 26 Comments

This post would be barely worth writing, except that I have just listened to several cable channels state with great urgency that it is a “controversy.”

It’s no controversy. The government cannot take away a citizen’s rights without due process. Currently, as explained in an ACLU lawsuit, the No-Fly List procedure itself appears to lack due process, so linking it to Second Amendment rights would be similarly unconstitutional:

“There is no constitutional bar to reasonable regulation of guns, and the No Fly List could serve as one tool for it, but only with major reform…. the standards for inclusion on the No Fly List are unconstitutionally vague, and innocent people are blacklisted without a fair process to correct government error. Our lawsuit seeks a meaningful opportunity for our clients to challenge their placement on the No Fly List because it is so error-prone and the consequences for their lives have been devastating.  Over the years since we filed our suit — and in response to it — the government has made some reforms, but they are not enough.”

Continue reading →

An Unethical Obituary Gets Social Media Raves

/ Jack Marshall / 3 Comments

Here is the obituary…

Singapore Obituary

The glaring ethics problem is that this was not written by Lye as a personal mea culpa and sincere acknowledgement of the deceased’s shortcomings and failures. It was composed by one of his sons, allegedly “based” on various conversations with his father in his final days. Continue reading →

Ethics Quote Of The Day: Baltimore Judge Barry G. Williams

/ Jack Marshall / Leave a comment
Prosecutors are not supposed to play this game...

Prosecutors are not supposed to play this game…

“I’m not saying you did anything nefariously, I’m saying you don’t know what exculpatory means.”

—- Judge Barry G. Williams, presiding in the Baltimore trial of Officer Caesar Goodson Jr for his alleged role in the death of Freddie Gray, excoriating the prosecution for illegally withholding Brady evidence from the defense.

There is more evidence that the Baltimore prosecution of six police officers for the death of Freddie Gray a year ago is less a matter of seeking justice than it is a sacrificial offering of  innocent law enforcement professionals to avoid civil unrest.

I have already chronicled the disturbing pattern of the prosecution in this case, where premature and dubious charges were brought against the officers in the wake of destructive rioting and threats from African-American activists. Now it appears that a statement supporting the officers by Donta Allen, the man sharing the police van with Gray—who ended his trip fatally injured—was never made available to the defense. Because  the statement was potentially supportive of the officers in their defense, the material had to be handed over by prosecutors under the Supreme Court decision in Brady v. Maryland,  the landmark 1963 case holding in 1963 that “the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.”

There were only two people present during Ray’s final ride, other than Gray himself:  Goodson, the driver, and Donta Allen, another arrested subject who was  separated from Gray by a thin metal screen.

Allen has  made wildly conflicting statements about what transpired. He initially told police that Gray was “trying to knock himself out” in the back of the van, then later denied that statement to the news media. However, Allen had a second session with police investigators a year ago, shortly after the charges against the officers were brought by City Attorney Marilyn Mosely. In that meeting, Allen reiterated and confirmed his original statement that suggested Gray was trying to injure himself. Prosecutors never brought his second statement to the attention of the defense.
Continue reading →