Year: 2019

Comment Of The Day: “Comment Of The Day: ‘Unethical Tweet Of The Month: Rep. Alexandria Ocasio-Cortez (D-NY)'”

/ Jack Marshall / 21 Comments

Humble Talent has issued an excellent and provocative post on one of the Great Ethics Controversies: what is fair, ethical and effective criminal justice punishment in a nation with the values of the United States?

I admit that this is an ethical blind spot for me, perhaps because I worked as both a defense attorney and a prosecutor. My natural inclination is toward the Baretta theme song: “Don’t do the crime if you can’t do the time.” Or, for that matter, if you can’t pay the fine. I also believe, as Humble alludes to skeptically  in his final paragraph, that the culture of the United States, emphasizing individual freedom and encouraging self-worth measured by success, does make criminal activity more common, and its history and culture also increase the frequency of  violent crimes. I don’t trust cross cultural comparisons; I think they are all misleading, and often intentionally so. The United States is unique.

Nonetheless, all of the issues brought up in the post are complex and important to examine, carefully, seriously. I have not forgotten this post, though I needed  Humble Talent’s comment to make me track it down,  and I hereby pledge to make criminal justice issues, and especially prison,  a higher priority here.

This is Humble Talent’s Comment of the Day on the post, “Comment Of The Day: ‘Unethical Tweet Of The Month: Rep. Alexandria Ocasio-Cortez (D-NY)’”

We’ve talked about this issue before, tangentially… And it’s something of a hot topic for me. It’s something that differentiates me from the group, I think, because it’s something I think America could do better, and it seems to be something that other right-leaning commentators are somewhere between apathetic to and actually proud of.

I think, and I could be wrong, but I think that this reaction is more of a rejection of the other side than a legitimate statement of belief. Progressives seem to no longer be content with the steady beat of “normal” progress, instead seeming to be approaching everything from politics to the personal with a militant quasi-religious fervour.

And to a point, who can blame them? If I listened and believed half of what their thought-leaders are telling them, I might be right there beside them. I’m of the opinion that people on the right feel like (and I agree with them, to an extent) they are perpetually under siege; their values, their way of life, their livelihoods, their basic understanding of the rules of the game of life. They’re given no rest, having the steady grind of not only the overt political messaging, but cultural and familial shifts happening around them in real time. And that’s worn away the dermis a little, they’re on their last nerves, and not picking their battles very well, instead opting to fight everything. Because otherwise…. The wholesale rejection of criticisms of the penal system seems… kinda shitty when you think about it. Continue reading →

Ethics Warm-Up, 11/8/19: “People Who Need To Leave” Edition

/ Jack Marshall / 6 Comments

1. Clean-up on the baseball aisle! Last April, I wrote a post urging Baltimore Orioles first-sacker Chris Davis to retire and save his desperate team some money, since it is clear that he can no longer play at a major league level despite being paid 23 million dollars in 2019, with a similar amount due him through 2022. At the time, Davis Davis was 0-for-23 with 13 strikeouts and  hitless in 44 at-bats since the previous season, when Davis batted .168, the worst in major league history for a regular, with a horrible .539 OPS (On base percentage plus slugging percentage), and a -2.5 WAR, meaning that the Orioles would have won 2.5 more games with a borderline major leaguer from the minors playing in his place.

Several readers have emailed me asking how things turned out for Davis, who did eventually get a hit, and who was still in the starting line-up frequently enough to hurt the team. The answer is that Davis was better than he was in 2018, but he was still horrible. He batted only .179, with a -1 WAR, and an OPS of  .601. He earned more than $418,000 per hit.

He’s earned almost 119 million dollars in his career, yet appears willing to continue to embarrass himself and hurt his team and team mates for three more sure-to-be-ugly seasons in order to collect another 69 million.

Yechhhh.

2. More on Joy Behar’s terrible, no good, very bad week: The highlight of Donald Trump Jr.’s visit to “The View” came after Behar recited the typical and overly-familiar talking points about Trump Sr.: “[President Trump] called some Mexicans rapists [Correction: He referred to illegal immigrants from Mexico as rapists who were rapists] , he attacked the handicapped, [No, Joy, he mocked a single handicapped reporter, and there is some evidence that he didn’t even do that], he bragged about it” [Huh?], and “We heard the ‘Access’ tape, where he bragged about grabbing women by their genitalia.” [No, he never said that he had personally grabbed any women “by the pussy.” Boy, am I sick of THIS narrative..] Rather than quibble with her, DJT Jr, had come armed and ready, and replied, “We’ve all done things that we regret, I mean, if we’re talking about bringing a discourse down, Joy, you’ve worn blackface.” Continue reading →

Two Ethics Dunce University Presidents Who Should Be Fired

/ Jack Marshall / 24 Comments

Hateful!!!!

They are…

Western Connecticut State University  President John Clark, who asked for the community’s help identifying students—if they were students— who distributed what he called “hate filled flyers and inscriptions on our university property.” These were more of the 4Chan-inspired “It’s OK to be white” and “Islam is right about women” trolling devices.

“I wanted to assure you that a full scale police investigation is underway,” Clark wrote, stating that the FBI, state police and municipal police were reviewing surveillance footage iand grilling those  “who may have witnessed any of this despicable and utterly unacceptable behavior.” In full grandstanding and virtue-signalling mode, Clark declared that any WCSU community members identified as responsible for  the flyers  “will be subject to the severest disciplinary actions, including dismissal as well as possible civil and criminal actions.”  He described the flyers’ message as “disgusting,” “hateful,” “virulent,” “sick and outrageous.”

“It’s OK to be white.”

The Horror. Continue reading →

No, This Isn’t Impeachable Either, Just Unethical And Illegal

/ Jack Marshall / 37 Comments

They are whooping it up at the Trump-Haters Club, because President Trump will have to pay $2 million in damages to nonprofit groups as a penalty for what can only be called a fraudulent use of his foundation in 2016. As part of the settlement agreement,  the President had to admit misusing funds raised by the Donald J. Trump Foundation, accessing them to assist his campaign, pay off debts of businesses he owned, including Mar-a-Lago and the Trump National Golf Club in Westchester County,  and, as an especially obnoxious move,  purchasing a $10,000 portrait of himself to hand in one of his Florida hotels. New York’s Attorney General  filed suit  accusing the Trump family of using the foundation to benefit various businesses and assist Trump’s  presidential run. You can’t use a non-profit like that; this is the kind of scam that got Tom DeLay thrown in prison.

The President admitted that the alleged charity charity gave his campaign complete control over the $2.8 million that the foundation had raised at an Iowa fund-raiser for veterans in January 2016. It was in fact a fund-raiser for the campaign, not veterans.

Nice.

Continue reading →

Evening Ethics Update, 11/7/2019: Dr. King Is Un-honored, Virginian Republicans Are Non-Functional, Fox News Is Pro-Darkness, And Joy Behar Is Still An Idiot [CORRECTED]

/ Jack Marshall / 30 Comments

Good evening…

1 . The progressive deterioration of the ridiculous Joy Behar. It’s clear the stress of engaging in issue debates for which she lacks the temperament, the education or the necessary data is stressing out Joy. On today’s edition of The View, some studio audience members who hadn’t received the memo that they were expected to only endorse the “views” of  the correct side of the political spectrum applauded guests Donald Trump Jr. and Kimberly Guilfoyle as they supported the President. Behar snapped at them, “This is not a MAGA rally!”  In such places there may be technically free speech, just not free non-conforming speech without abuse.

2. This makes no sense at all, nor is it ethical. Eric Ciaramella is the so-called whistle-blower who gave Rep. Adam Schiff the wisp of an excuse he needed to manufacture Plan S for removing the President, the supposed “quid pro quo” deal to make the Ukraine look for “dirt” on Joe Biden and his son. Lots of sources have published this—heck, I have—and no one has credibly denied it. In schoolyard terms, the cat is out of the bag. Nor is it in any way illegal for a news organization to publish what is increasingly public information. Okay, say he’s the “alleged” whistleblower.

Nonetheless, a Fox News executive sent out an email ordering Fox personnel, including hosts like Sean Hannity and Laura Ingraham, not to mention the name on the air because the network “had not confirmed it.”

Fox News, as you know, is always so careful about the accuracy of what its talking heads say.

Fox News media ethics watchdog Howard Kurtz defended not releasing the name of the whistleblower, saying it would send a “chilling message” to whistleblowers in the future. What “chilling message?” That if you decide to fulfill your partisan goals and help your pals by trying to bring down a President with rumors and hearsay, you should have the guts to do it publicly and accept the consequences? It’s not the news media’s job to make things easy for whistleblowers, and it is especially not their job to pretend that information already being publicized is a mystery.

The background and professional connections of this “whistleblower”—he’s really a leaker—are relevant to his credibility and the legitimacy of the current impeachment push. The public has a right to know, and democracy dies in darkness. Continue reading →

The Coup In Progress: Presidential Impeachment/Removal Plans

/ Jack Marshall / 27 Comments

I am finally devoting a dedicated post  to this list, in part because I am sick of searching for the thing every time I want to reference it. I will eventually deposit the list along with the Apology Scale and the Rationalizations List as another separate page in the “Rule Book” to your right.

One note on the use of the term coup. Some media pundits, their hands already bloodied, have been making the sophist claim that what has been going on since November 2016 isn’t a coup under the dictionary definition, which requires violence and usually a military take-over. Using cover-terms and euphemisms is a form of lying, and it is an especially common practice from  the Left right now, though the Right has its moments.

A “soft coup,” also known as a silent coup, does not use violence, and is typically based on a conspiracy or plot  aimed at seizing power, overthrowing existing legal authority, exchanging political leadership, changing the political system or the current institutional order. We are watching a long-running soft coup. A soft coup is still a coup.

There have been 19 Plans to abuse various processes, laws and theories, all put forward and promoted by members of the Democratic Party/”resistance”/mainstream news media alliance since President Trump’s election.  The  desired effect of this barrage, apart from serving the goal of removing him without the bother (and risk) of an election,  has been to make it impossible for the President to govern, and to destroy his support among the public.

When Plan S, which late novelist Robert Ludlum might have called “The Ukrainian Perversion” if it had been one of his novels, fails like the rest, or if President Trump is re-elected, the list will keep growing.

The List: Continue reading →

Two For The “When Ethics Alarms Don’t Ring” Files (Or Maybe “Mine Detectors” Is The More Appropriate Metaphor) [CORRECTED]

/ Jack Marshall / 21 Comments

HEY! Don’t you see that? IT’S RIGHT IN FRONT OF YOU!”

These two recent stories puzzle me. There are some aspects of civil conduct and societal norms that every cognitively functioning human being who lives in this society and culture cannot possibly have failed to notice. Nonetheless, these events keep happening. Quite part from the specifics of the incidents, they represent a failure of basic life competence.

1. California: Another Teacher Uses Blackface

I have, much to my sorrow—it was one reason Ethics Alarms is censored on Facebook—defended the use of dark make-up when its objective is not to denigrate and mock a race, but to play a dramatic role in a context where such make-up is necessary. White actors should be able to play the Moor Othello. In a saner society, white kids should also be able to dress up as Barack Obama or Beyoncé for Halloween, but interpreting any use of dark make-up as a deliberate reference to minstrel show “blackface” is now part of the victim lobby’s power tool kit, and one has to be aware of and understand the risks of bucking a treasured narrative.

How could any teacher not know, following the travails of Governor Northam in Virginia and Justin Trudeau in Canada, about this cultural landmine? If these elected officials, among others, were threatened by the cancellation culture for having used black makeup as students years ago, wouldn’t it be screamingly obvious that using blackface today, before a classroom, would be professional hari-kari? (Oops! Cultural appropriation there!)

Yet a white high school teacher in Milpitas, California wore blackface in his class on Halloween  to do an imitation of the rapper Common. Of course one of the students made a viseo, of course it came to the school board’s attention, of course it created an irresistible opportunity for members to grandstand and engage in virtue-signalling, and of course such opportunities must not be wasted.

Thus Chris Norwood, the president of the school board in solemnly intoned that the behavior was “inappropriate, unprofessional and insensitive” and called for an investigation, adding,

“As an African-American man, the history of blackface reminds me of the cruelty, hatred and fear my parents and people of African ancestry have dealt with in the past and still experience today around the world. Unfortunately, blackface still permeates global society today through social media, comedy and fashion.”

Continue reading →

Thoughts Upon Reading The Comments To The Recent “Conscience Clause” Post

/ Jack Marshall / 45 Comments

The comments on the recent post regarding the so-called conscience rule being voided in court generated the comments the topic always does. What follows is a relatively short, general post to frame the issues as clearly as possible.  Admittedly, when a post is titled “When Law and Ethics Converge,” perhaps I shouldn’t have to explicate with a post focusing on the difference between law and ethics. I strongly believe that conscience clauses undermine the law, and are unethical, as you will see.

Law and Ethics are not the buddies people think they are, or wish they were. If you look around Ethics Alarms, you see why. Ethics, as the  process by which we decide and learn what is good and right conduct, evolves with time and experience. A predictable cut of a society’s ethics are always going to be a matter of intense debate. Ethics are self-enforcing, for the most part and by nature, because being ethical should make us feel good.  Once an authority or power starts demanding conduct and enforcing  conformity, we are mostly out of the realm of ethics and into morality, where conduct is dictated by a central overseer that, if it is to have genuine authority, must be voluntarily accepted by those subject to its power.

Society cannot function on ethics alone. Without laws, chaos and anarchy result. Because chaos and anarchy are bad for everyone, no individual who has accepted the social compact may decide which laws he or she will follow and which he or she will defy—at least, not without paying a price, which is society’s punishment. In ethical terms, this is a utilitarian calculation: we accept laws that individually we may find repugnant, because allowing citizens to pick and choose which laws they will obey as a matter of “conscience” doesn’t work and has never worked. Ethics pays attention to history.

Thus it is ethical to obey the law, and unethical not to,  even if good arguments can be made that particular laws are themselves unethical. This is where civil disobedience comes in: if a citizen chooses to violate a law on a the basis of that citizen’s conscience or principle, the citizen also has to accept the legal consequences of doing so as an obligation of citizenship. Continue reading →

When Law And Ethics Converge: Goodbye To The Trump Administration’s Unconstitutional and Unethical “Conscience Clause”

/ Jack Marshall / 44 Comments

Today’s decision by U.S. District Judge Paul Engelmayer, voiding the Trump administration’s “conscience rule” that resuscitated the Bush Administration’s similar rule, is right on the law, and, more important for this blog, right on ethics. The Trump version, which was yet to go into effect,  allowed health-care providers to refuse to participate in abortions, sterilizations or other types of care they if they disagreed with them on religious or moral grounds.

It was an invitation to open-ended discrimination, and as objectionable in principle as allowing public accommodations to refuse to serve Jews, blacks or gays. This topic has been thoroughly explored on Ethics Alarms over the years, and I don’t have anything much new to say. In fact, perusing my various essays on the topic, my favorite is one that is so old, it was on the Ethics Alarms predecessor the Ethics Scoreboard (on which I am slowly making progress in my efforts to get it back online) and mentions Paris Hilton, working at Blockbuster, and an earlier incarnation of Colin Kaepernick in the NBA.

I wrote, in 2005, Continue reading →

You Are No Doubt Reading About How Yesterday’s Election Gave Democrats Control Over The Virginia Legislature. Here Is A Notable Component Of That Accomplishment.

/ Jack Marshall / 6 Comments

Be proud, Democrats!

Former Virginia lawmaker Joe  Morrissey  won the state Senate seat for the 16th District in the Old Dominion last night, defeating Independent Waylin Ross.  Morrissey got more than 60% of the votes, showing an enthusiastic  electorate. He will now represent parts of Richmond, Chesterfield County, Petersburg, Hopewell, Prince George County, and Dinwiddie County.

Who is Joe Morrissey? Let me refresh your memory using this post, from 2014. The first half of it was about revolting Republican House member Blake Farenthold—the guy wearing the duck pajamas—

who was, thankfully, finally forced out of office in the wake of #MeToo.  The second half was about Joe: Continue reading →