Month: July 2020

Third Of July Ethics Concert, 2020, Part 2: The Less Grand And Not Historic, One Hopes

/ Jack Marshall / 18 Comments

For historical and quirky reasons, “The Egg” is my favorite song from “1776.” The number takes place on July 3, as the Continental Congress debates Jefferson’s handiwork, and Tom, Ben Franklin and John Adams sit outside, hesitant to witness  the rhetorical carnage they know is coming. I played the role of Adams in several musical reviews, a part I would have loved to have tackled on-stage in a full production, but I am about 7 inches too tall.

Some productions cut this number, which is both bad history and bad theater. (The number to cut is “Cool, Cool, Considerate Men,” a cheap shot at conservatives, and a lousy song.)

1. And I will say, “None of your business, officer!” A new Virginia law, the Community Policing Act that took effect this week, requires police officers to ask individuals pulled over during traffic stops for their race, ethnicity, and gender. I very much doubt that the law will withstand a legal challenge. The change is part of the Governor Ralph “Call me Michael Jackson” Northam regime of enacting every oppressive progressive agenda item he can get away with. This one is aimed at eliminating “bias-based profiling,” and requires officers to record the driver’s race, ethnicity, age, and sex while conducting traffic stops.

Like so many other misguided approaches to fixing “systemic racism,” this one attempts to protect the rights of African-Americans by infringing on the rights of everyone else. If I am pressed to answer the question by an officer, I will answer that I identify as Asian and female. I urge my fellow Virginians to do likewise.

2. Wuhan virus ethics train wreck update: Continue reading →

Third Of July Ethics Concert, 2020, Part 1: Pickett’s Charge, Custer’s First Stand, And More

/ Jack Marshall / 13 Comments

Charge!

The anthemic music is the finale to the 1993 film Gettysburg, which has one of my all-time favorite scores, by Randy Edelman. I have worn out three CDs, and this particular selection, “Reunion and Finale,” almost lost me my drivers license once when I was playing it loudly in my car and blew past the speed limit by 25 mph or so.

I will be interested to see if any channel shows Ted Turner’s epic this weekend. I’m sure it is now regarded as politically incorrect because the film does not portray the Southern generals and soldiers as vicious racists, and the balance that the film was praised for when it was released is now regarded as “pro-Confederacy propaganda.” That is a fatuous take on the film, which is about human beings, not politics, and arguably the most historically accurate historical drama ever made, based on what may be the best historical novel ever written, “The Killer Angels,” by Michael Shaara, just a wonderful book. Read it. You can thank me later.

Unlike July 2, one of the most significant dates in U.S. history with multiple major events, July 3 stands out for one momentous event. Even in the sequence of events leading to American independence, July 3 was relatively boring:  it was devoted to the debate over Jefferson’s Declaration, resulting in more than eighty additions and redactions.

July 3  was the final day of the pivotal Battle of Gettysburg in 1863, reaching its bloody climax in General Robert E. Lee’s desperate  gamble on a massed assault on the Union center. In history it has come to be known as Pickett’s Charge, after the leader of the Division that was slaughtered during it.

At about 2:00 pm this day in 1863, near the Pennsylvania town of Gettysburg,  Lee launched his audacious stratagem to pull victory from the jaws of defeat in the pivotal battle of the American Civil War.  The Napoleonic assault on the entrenched Union position on Cemetery Ridge, with a “copse of trees” at its center, was the only such attack in the entire war, a march into artillery and rifle fire across an open field and over fence. When my father, the old soldier, saw the battlefield  for the first time in his eighties, he became visibly upset because, he said, he could visualize the killing field.

The battle lasted less than an hour. Union forces suffered 1,500 casualties,, while at least 1,123 Confederates were killed on the battlefield, 4,019 were wounded, and nearly 4000 Rebel soldiers were captured. Pickett’s Charge would go down in history as one of the worst military blunders of all time. Continue reading →

The Court Ruling I’ve Been Waiting For Since 2011

/ Jack Marshall / 12 Comments

In a June 30 decision, B.L v. Mahanoy Area School District, the 3rd U.S. Circuit Court of Appeals  ruled that a Pennsylvania  high school violated a cheerleader’s First Amendment rights when it kicked the young woman off the squad for a message she had posted on SnapChat. A distruct court judge had ruled last year for the ex-cheerleader, whose  post pictured the teen and her friend holding up their middle fingers accompanied by the eloquent sentiment , “fuck school fuck softball fuck cheer fuck everything.” She was  upset because she had only made the junior varsity cheerleading squad, rather than the varsity team.

The ACLU of Pennsylvania argued the case for the girl, so at least sometimes the organization  still puts its partisan politics aside to do its traditional job of looking out for the First Amendment. The group called the ruling a “landmark decision,” finally barring schools from policing students’ off-campus speech using the claim that it might disrupt school activities.

The Supreme Court decision on campus speech, Tinker v. Des Moines Independent Community School District, did not apply to off-campus speech. Tinker held that student speech could be regulated by schools only if it would substantially disrupt school operations or interfere with the rights of others. That case involved a school disciplining students when they wore black armbands to class as a protest against the Vietnam War.

The 3rd Circuit majority ruled .“We hold today that Tinker does not apply to off-campus speech—that is, speech that is outside school-owned, -operated or -supervised channels and that is not reasonably interpreted as bearing the school’s imprimatur,”

Because the teen’s speech was outside the school context, Tinker did not apply. The cheerleader’s speech “lies beyond the school’s regulatory authority,” the court said.

The ACLU’s  press release stated that the decision was important “because it recognizes that students who are outside of school enjoy full free speech rights, not the diluted rights they have inside the schoolhouse.”

Bingo.

Finally. Continue reading →

Morning Ethics Warm-Up, 7/2/2020, Part 2: It’s “Know Your American History Day”!, The Usual Ethics Mess

/ Jack Marshall / 15 Comments

The theme from “Rocky” topped the charts on July 2, 1977. Remember that Apollo Creed won the fight, so maybe “Rocky” won’t be banned as racist.

1. Stop making me defend Alyssa Milano! Not that I don’t enjoy watching the obnoxiously woke being hoisted by their own petards, but the has-been actress turned Twitter scold is being accused of appearing in blackface because of this:

Alyssa is irate, tweeting at the “gotcha!” critics, “Hey, assholes! The picture is me parodying Jersey Shore and Snookie’s (cq) tan. Snookie’s tan (she is a sweetheart by the way) is worthy of parodying as is Trump’s ‘tan.'”

“Snookie,” in case you have a life and never watched “Jersey Shore,” is Italian, not black.

Milano’s defense is solid, except that her woke allies seem to regard dark make-up as blackface when it suits their needs. Wasn’t the dark make-up that prompted the Washington Post to get a D.C. woman fired for her 2018 Halloween Party costume satirizing Megyn Kelly? What are the rules here?

2. What will it take for CNN to finally admit that Chris Cuomo is an idiot and an embarrassment to the network, his profession, and homo sapiens, and fire him? In the latest episode of “I Love Fredo,” the CNN anchor accused St. Louis attorney Mark McCloskey, who used his guns to confront a mob of George Floyd protesters who had broken through an iron gate to access his private property, the “face of white resistance”  to the Black Lives Matter movement. McCloskey responded,

First of all, that’s a completely ridiculous statement. I am not the face of anything opposing the Black Lives Matters movement. I was a person scared for my life, who was protecting my wife, my home, my hearth, my livelihood. I was a victim of a mob that came through the gate. I didn’t care what color they were. I didn’t care what their motivation was. I was frightened. I was assaulted and I was in imminent fear that they would run me over, kill me, burn my house.

Why wouldn’t he think that, based on what we have seen in the last couple of week?

Then Cuomo argued—he’s also a lawyer you know—that  the McCloskeys committed wrongdoing by “pointing a loaded weapon at a group of people who were walking past. They did not go up your steps. They didn’t go to your house. They didn’t touch you, they didn’t try to enter your home or do anything to your kids, but you say you were assaulted.” But it was a mob. A mob advancing on one’s home is inherently a threat.

Prof. Turley has an extensive analysis of that issue here. In one of his equivocating moods, Turley concludes, to the extent I can decypher his overly careful discussion,  that a conviction on the facts of the case would be a long-shot at best. Continue reading →

Morning Ethics Warm-Up, 7/2/2020, Part I: It’s “Know Your American History Day”! [Corrected!]

/ Jack Marshall / 18 Comments

Good Morning, America!

The Ethics Alarms countdown to the Fourth—you know, that racist holiday celebrating white supremacy?—begins today, one of the truly epic dates in our history. Of course, those who find history upsetting because it makes them feel”unsafe” don’t know any of this stuff, making them pretty much useless citizens with their ability to understand current events stuck at an infantile level.

  • On July 2,  1776, The Second Continental Congress, assembled in Philadelphia, formally adopted Virginia delegate Richard Henry Lee’s resolution for independence from Great Britain. The vote was unanimous, with only New York abstaining. Of course,  Richard Henry Lee was Robert E. Lee’uncle and a slave-holder, so we really shouldn’t remember him or his significance to our nation’s independence.

Never mind.

  • On July 2, 1839, enslaved Africans on the Cuban schooner Amistad mutinied, killing two crew members and seizing control of the ship, which had been transporting them to be slaves on a sugar plantation. This set in motion a series of events that ended with  the U.S. Supreme Court ruling, with only one dissent, that the Africans had been illegally enslaved and had  exercised a natural right to fight for their freedom.  Massachusetts Congressman  John Quincy Adams,  the sixth president of the United States from 1825 to 1829 who, like his father, was a passionate foe of slavery, served on the Africans’ defense team. With  financial assistance of abolitionists , the Amistad Africans were returned to their homes in West Africa.

They never teach this story in schools, but your kids can read about it here. Continue reading →

On Progressives, Prof. Tribe, Race-Based Leadership,The Decline Of Integrity, And, Oh, Everything: A Critical Review

/ Jack Marshall / 35 Comments

This drama,  reported by Campus Reform, exemplifies so much about what’s so wrong about so much and so many, that it boggles the mind. My mind, anyway. You may have a higher boggle threshold.

Act I: Once distinguished Harvard law professor Lawrence Tribe, recently crippled by Trump Derangement,  was among the signers of a letter addressed to Biden, urging the ex-Vice President to choose Sen. Elizabeth Warren as his most qualified running mate.

Observations: The letter, signed mostly by aging old-school liberals like Tribe, but also socialist Robert Reich and flat-learning curve activist Jane Fonda among others,  is a depressing commentary 1) on the qualifications of Biden’s likely VP pool and  2) the reasoning ability and absence of integrity among  its signatories, “100+ progressive former public officials, authors, actors, activists,advocates and scholars.” Their theory is that Warren is ready to become President  by virtue of her experience and accomplishments. Nothing in the letter explains why a former academic with literally no leadership experience at all should be  considered for President or Vice President. Nor does the letter acknowledge that at 71, Warren would be the oldest Vice President in history, backing the oldest man to be elected President (and showing it). This is not surprising, I suppose, since the list of signers appears to have an average age of at least 71.

The gang lauds her policy skills, then cites among her brilliant policy nostrums reparations for slavery, and as evidence of her judgment, urging Trump’s impeachment after the release of the Mueller Report, which contained no valid justification for impeachment whatsoever, which Warren, as a legal scholar, undoubtedly knew.

Risibly, the letter says, “As you saw, she ran among the best-organized and well-funded presidential campaigns in history.” If it was so well-funded and well-organized, and Warren is so terrific, why was the canpaign a failure, failing even to win the primary in Warren’s own state, Massachusetts?

“Imagine her on stage debunking Mike Pence or needling ‘President Tweety’,” the letter says. There it is: the tell. It’s one more expression of mass anti-Trump fury. That’s Warren’s big plus for these angry Lefties: she would call the Bad Orange Man a poopy head with brio.

One would think many of the  one-time luminaries would be bothered by Warren’s habitual dishonesty and demagoguery, especially Stephen Gillers, the renowned (77 year-old) legal ethics guru. Nah! What’s most important is to have a quick-witted speaker who can  needle President Tweety’.” Warren’s  years of faking being a “person of color” to advance via affirmative action at Harvard and elsewhere? Her documented venal hypocrisy?

Warren asked a crowd, during the campaign this year, “How could the American people want someone who lies to them?,” thus using rhetoric to try to erase

  • Her decades-long Cherokee charade, her DNA test fiasco,
  • Her false claim that her children only attended public schools,
  • Her lie about being fired from a teaching job because she was pregnant,
  • Her false claim of  to being first woman to take the New Jersey Bar while breastfeeding,
  • Her cruel slander of a dead past employer, saying he “chased her around a desk” who, it turned out when her story was checked, not only had polio, and couldn’t chase anyone, he was also a friend and mentor whom Warren eulogized at his funeral.
  •   Warren’s  endorsment, knowing well it is a lie, of the “Mike Brown was murdered by a racist cop” fantasy,
  • Her claim to have represented women harmed by defective breast transplants when she represented the defendant, Dow Corning, in those cases,
  • …and more.

Thus does bias make you stupid. All these are accomplished and supposedly trustworthy people, and none of them apparently believe that cynical obfuscating at every turn is a disqualification for the Presidency unless the obfuscater is Donald Trump. The letter is one giant, embarrassing, epistolary Jumbo.

Act 2, Scene I:  Asked by the Washington Post if African-Americans would accept a non-black running mate for Biden, Tribe said it would be  “symbolic” to choose an African American running mate, but that “African Americans above all would be the first to say they are more interested in results than cosmetics.”

Observations: This  launches the popular game show so often played here: “Dumb or Lying?” Tribe’s answer is an amazing assertion now, of all times.  The George Floyd Freakout is fueled by demands that there be mandatory quotas for African-Americans among faculties, corporate boards, committees, sports team owners. scientific advisory committees, artistic award nominees and winners—pretty much everything, with skin color the primary criteria and not ability, with the only “result” mattering being…more blacks in positions of power and influence.

Act 2, Scene 2: Tribe’s statement to the Post and the pro-Warren letter made Tribe the target of the progressive Twitter mob. Some critics claimed that Tribe was overlooking the accomplishments of other black female candidates like Kamala Harris. Bakari Sellers, former South Carolina state representative, tweeted that Tribe made “snide remarks about the preparedness of the black women being vetted for VP.”  Former Democratic National Committee Chairman and Vermont governorHoward Dean said the letter and Tribe’s comments typify white peoples’ “clueless racism.”

Observation: By any rational standard, Kamala Harris is even less qualified to be President than Warren. Her only asset is that she’s black. She’s an affront to #MeToo and feminists, having literally slept her way to the top; she has boasted of being a tough prosecutor, which spits in the face of the BLM “mass incarceration” grievance. She ran an even worse campaign for the nomination than Warren, having to drop out early despite heavy hype from the media.

And Tribe’s arguments for Warren weren’t “snide” or racist, except in the new race-bullying USA where  anything not  explicitly pro-African American objectives and individuals is evidence of bigotry.

Act 3. Tribe resorted to weasel words and gibberish to avoid being “cancelled”; as a lawyer, he has plenty of facility with both. He tweeted,

“I apologize for my choice of words…I’ve never doubted that racial identity is a significant variable in American governance. It should count heavily in favor of previously excluded groups as part of a person’s full record of background, skills, and values. I’m FOR Warren, not ANTI-excellent others.”

Observations:

Well, Larry used to be better at weasel words and gibberish in his prime.

  • He’s a lawyer: words are his stock in trade. Lawyers don’t get to use the “poor choice of words” excuse.
  • I literally don’t know what “racial identity is a significant variable in American governance” means.
  • The argument is over qualifications, not “variables.”
  • The proposition that race constitutes “skills and values” is  bigotry and an argument for black supremacy in this context.
  • “I’m FOR Warren, not ANTI-excellent others” should condemn Tribe to wearing a paper bag over his head. This is a binary choice, Professor; be definition being for one candidate is being against the others.

Finally, all of the media and blog reports on this fiasco say that Tribe “apologized.” He backtracked, tap-danced, and humina humina-ed, but he did NOT apologize, despite his use of the word “apologize.” He did not apologize for the letter, and he did not retract his opinion.

Unethical Tweet Of The Month: The New York Times…And A Close Runner-Up, Both Libeling America

/ Jack Marshall / 16 Comments

This isn’t news, it isn’t history, it isn’t fair, and it is anti-American. Does anyone objective need more evidence that the New York Times has abandoned any sense of its role in informing the public? This is pure, indefensible race-baiting and Black Lives Matter propaganda.

1. Native American Tribes “owned” almost all of the territory everything in the U.S. was built on, including the New York Times building. They don’t any more.

2. The Mount Rushmore sculpture is art, and the political and social views of the artist, Gutzon Borglum, is a matter of record. The George Floyd mobs want to justify erasing as much American art and culture as possible by any means necessary. If the artwork itself won’t justify the destruction (as with the Emancipation Memorial, the second version of which was just marked for removal in Boston), then the subject will ( Columbus); if the subjects are defensible, than the artist must have something in his history to support the erasure of his work. It’s a disingenuous bootstrapping exercise, for the objective is really to destroy the symbols of our republic and re-write the history of the United States. An artist’s work and the artist are separate and distinct. In the case of Mount Rushmore, the work has taken on far more importance and symbolism, all positive, inspiring and uplifting. An American who cannot find pride in Mount Rushmore is an ignorant American, one whose understanding of his or her own nation has been poisoned, or one with a sinister agenda. Continue reading →

“How Sharper Than A Serpent’s Tooth It Is To Have A Thankless Child!”

/ Jack Marshall / 16 Comments

 

What’s going on here? All of a sudden we are seeing children turn on their conservative public servant parents in public. (That’s Oedipus with the spear, incidentally.)

  • Kellyanne Conway’s 15-year-old daughter  Claudia has been posting videos on Tik Tok, berating her mother for working for  President Trump while attacking her boss. This  disrespect is an order of magnitude worse than what Conway tolerates from her despicable husband George. I can’t conceive of the path whereby any child would acquire the idea that it was ethical or anything worse that gross breach of the family bonds to publicly attack a parent or her employer.

[To the commenter who sent me this, thanks! I lost the original email...]

  • Meanwhile, Mary Trump, the President’s niece, is trying to get a tell-all book about her uncle published in time to slime him during the election, allegedly violating a non-disclosure agreement. Maybe it’s because I was raised by a Greek mother and grandmother, but I can not imagine attacking a family member like that, no matter what I thought of him. Unless an uncle was a secret serial killer or a spy, this is on the absolutism side of the ethics spectrum for me.

Continue reading →

“Welcome July, You Can’t Possibly Be A Bad As June” Ethics Warm-Up (Or Can You?)

/ Jack Marshall / 9 Comments

Let’s try to get this month off to an ethical start….

1. Well, this sure won’t do it…Today’s Spineless Administrator Award goes to… Along with other university leaders, he  pressured Stephen Hsu to resign from his position as vice president of research and innovation after the school’s Graduate Employees Union , which represents teaching and research assistants, examined Hsu’s blog posts and interviews in search of damaging statements that could justify his “cancelling.”  Hsu had, after all, cited with favor a study that found police are no more likely to shoot African-Americans than anyone else. “We found that the race of the officer doesn’t matter when it comes to predicting whether black or white citizens are shot,” concluded the Michigan State-based research.

It is not the only study that reached this conclusion, but as you have no doubt noticed, for now at least,  Facts Don’t Matter.

The graduate union maintains that administrators should not share research that runs counter to public statements by the university, “It is the union’s position that an administrator sharing such views is in opposition to MSU’s statements released supporting the protests and their root cause and aim.”

Hsu stepped down from his vice president role, but will stay on as a physics professor. The union had circulated a petition against Hsu and an open letter signed by more than 500 faculty and staff at Michigan State argued that Hsu supports the idea that intelligence is linked to genetics. A counter-petition in support of Hsu has had more than 1,000 signers, including many fellow professors from across the country, stating in part,

“To remove Hsu for holding controversial views, or for inquiring about controversial topics, or for simply talking to controversial personalities … would also set a dangerous precedent, inconsistent with the fundamental principles of modern enlightened higher education.”

On his personal website, Hsu rejected the claim of “scientific racism,” stating  that  he believes “that basic human rights and human dignity derive from our shared humanity, not from uniformity in ability or genetic makeup.”

President Stanley defended his decision to pressure Hsu to resign in a statement on June 19:

“I believe this is what is best for our university to continue our progress forward. The exchange of ideas is essential to higher education, and I fully support our faculty and their academic freedom to address the most difficult and controversial issues.”But when senior administrators at MSU choose to speak out on any issue, they are viewed as speaking for the university as a whole. Their statements should not leave any room for doubt about their, or our, commitment to the success of faculty, staff and students.

Continue reading →

Yes, Some Things Are Worse Than Racism, Part 2: The Betrayal Of Daniel Miller

/ Jack Marshall / 6 Comments

This seems like a propitious time to keep reminding people, especially those who are currently engaged in trying to tear up the culture and the nation into little pieces without a clue about what to do next,  that some things are worse than racism. Lots of things, actually. At some point, we will have to have this debate and that truth must be established.

In ethics, we judge conduct, not thoughts, beliefs, desires and even words, if they are not truly linked to unethical conduct. “Cancelling” people based on past racist or bigoted sentiments that do not seem to have been consistent with later conduct is unfair and  oppressive. The current movement to punish American citizens based on their failure to conform mandated thoughts and specific beliefs is at its core totalitarian, and is doomed to failure, or worse, success.

Playwright Arthur Miller committed one of the most nauseating acts of selfishness, cruelty and betrayal imaginable, but he wrote some of the most ethically resonant dramas in the American theatrical canon: “Death of Salesman,” “The Crucible,” ‘All My Sons,” “A View From the Bridge,” “The Price.” More than any other U.S. playwright, indeed writer in any genre, Miller earned a reputation as the culture’s herald of morality.  When he died in 2005, Miller was celebrated as perhaps our greatest playwright (he isn’t, but he’s certainly near the top.) He was also lionized as a lifetime ethics hero, in particularly because of his refusal to “name names” before the House Committee on Un-American Activities, and his vocal opposition to the Vietnam War. His battle with HUAC caused  Miller to be convicted of contempt of Congress in May 1957, when he was sentenced to prison sentence, fined, blacklisted, and forced to surrender his  passport.

Then, two years after the obituaries and tributes The Atlantic magazine revealed a horrible secret— not a skeleton in Miller’s closet, but a living, breathing, son.

Miller married the last of his wives, photographer Inge Morath (she came after Marilyn Monroe) in February, 1962.  The first of the couple’s  two children, Rebecca, was born on September 15, 1962. Their son, Daniel, was born  in November 1966.  Miller was excited about the birth until doctors diagnosed Daniel as having  Down syndrome. Against his wife’s wishes—she couldn’t have objected too strenuously— Daniel’s famous father sent the newborn to a home for infants in New York City within days of his birth, then four years later  to Southbury Training School, then one of two Connecticut institutions for the mentally challenged. There Daniel stayed until he was 17. Of that place, The Atlantic’s Suzanna Andrews wrote,

By the early 1970s, however, around the time Arthur Miller put his son there, Southbury was understaffed and overcrowded. It had nearly 2,300 residents, including children, living in rooms with 30 to 40 beds. Many of the children wore diapers, because there weren’t enough employees to toilet-train them. During the day, they sat in front of blaring TVs tuned to whatever show the staff wanted to watch. The most disabled children were left lying on mats on the floor, sometimes covered with nothing but a sheet. “In the wards you had people screaming, banging their heads against the wall, and taking their clothes off,” says David Shaw, a leading Connecticut disability lawyer. “It was awful.”

One observer reported that the institute reminded him of a Hieronymus Bosch painting. Continue reading →