Author: Jack Marshall

The Ethics of Deporting Mahmoud Khalil For Pro-Terrorist Advocacy, I.

/ Jack Marshall / 11 Comments

ICE arrested Palestinian activist and former Columbia student Mahmoud Khalil with the intent of deporting him in accordance with the announced Trump policy of deporting non-citizens who engage in pro-“terrorist” speech related to the Israeli-Palestinian conflict. Predictably, the Axis is all-in supporting Khalil, who sure appears to be a bad human hill to die on. Representative Alexandria Ocasio-Cortez condemned ICE’s detainment of Mahmoud Khalil, calling it a “tyrannical” move, “Violating rule of law, actually,” she wrote. That AOC defends him alone makes me inclined to want to get rid of the guy, but that would be irrational. Judge Jesse Furman of the Southern District of New York issued an order today halting Khalil’s processing and scheduled a hearing on the case for later this week. Ah yes, the Southern District of New York!

In a confusing essay at The Volokh Conspiracy, Ilya Somin writes that deporting non-citizens for the content of their speech is a First Amendment violation and “a slippery slope,” then, in the fifth paragraph, acknowledges that 8 U.S.C. § 1182(a)(3), bars “Any alien who … endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization.” I’d say endorsing and supporting Hamas qualifies under that law, wouldn’t you? So Somin says, “Such laws, too, should be ruled unconstitutional.” But until and unless it is, the Trump administration has the law on its side.

The question remains, is such a restriction on the free speech of non-citizens ethical? Somin:

“The First Amendment’s protection for freedom of speech, like most constitutional rights, is not limited to US citizens. The text of the First Amendment is worded as a general limitation on government power, not a form of special protection for a particular group of people, such as US citizens or permanent residents. The Supreme Court held as much in a 1945 case, where they ruled that “Freedom of speech and of press is accorded aliens residing in this country.”

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Monday Ethics Catch-Up, 3/10/25

/ Jack Marshall / 10 Comments

That meme above was just posted on my Facebook page today by a previously functional Georgetown Law Center lawyer of mu acquaintance. Could the whining of the Trump Deranged be any more humiliating and irrational? How tragic: a duly elected President of the United States is following through on his campaign promises in record time. Or is the whiny Democrat on the verge of tears because her party is behaving like seven-year olds? I doubt it.

In a comment I made to this post, explaining why some of my friends whom I know well, respect, and have seen fall into the pit of despond since Trump 2.0 got underway, I wrote in part,

First, there are many liberals, many of them devout Christians, who really do think that the United States should be in the business of income re-distribution and hard government over-sight of virtually all individual activities. Even though they know government is untrustworthy and incompetent as well as corrupt, they won’t give up—or are in denial about–the dream. They also somehow thought that the US was really on the way to this Nirvana, and living in a bubble—the arts, education, academia, the non-profit sector, they have been bombarded for years by one-way propaganda. They also tend to trust the news media, which is dominated by people with a similar orientation. Such individuals, who may be wise and perceptive in most other areas, shift to pure emotion now because they were under the influence of the mirage that the country was overwhelmingly in favor of the nanny state, and it isn’t and never was. Trump is the most jarring human splash of ice water in the face that these people could experience, so their reaction is visceral, emotional (angry) and irrational.

We need to learn from people who react this way. My sister, for example, is essentially furious now all the time. It’s all rooted, unfortunately in hatred for Trump, some of it legitimately based on one comment or another, some on class prejudice and intellectual snobbery, a lot on ignorance of history and leadership, and too much on getting lied to by the news media. My sister, for example, insisted that the GOP was to blame for the illegals tidal wave because Trump killed the bill that was the best that anyone could do to stem that tide. But that was just an Axis lie, as Trump made clear in his SOTU. He didn’t need that law, and neither did Biden. My sister is also very intelligent about most things, but regarding Trump she is a fully programed useful idiot.

I don’t know how these people can be saved.

Then there are the completely ethically crippled Trump Deranged responsible for these bumper-stickers…

I have yet to discover what group or collection of psychopaths is responsible for them, but the way Democratic officials have been acting of late, I would not be surprised to find their origin to be from some pretty damning places.

In other ethics news…

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KABOOM! My Head Just Exploded! Biden’s Executive Orders Used an Autopen???

/ Jack Marshall / 4 Comments

Wait, what? An Executive Order can be legal and go into effect without a President actually signing it? A so-called “autopen signature” counts? EVEN WHEN THE PRESIDENT MAY NOT BE CAPABLE OF KNOWING WHAT HE’S “SIGNING”?

A Heritage Foundation investigation has discovered that the majority of official documents signed by President Joe Biden used the same autopen signature. The Oversight Project, which is an initiative within the conservative Heritage Foundation that investigates the government, announced, “We gathered every document we could find with Biden’s signature over the course of his Presidency. All used the same autopen signature except for the announcement that the former President was dropping out of the race last year. Here is the autopen signature,” the group said, attaching photo examples like these:

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Oh Great. “Hamilton” Again. Where’s Aaron Burr When You Need Him?

/ Jack Marshall / 13 Comments

I haven’t seen “Hamilton” yet, which is embarrassing for me, as I consider it my duty to try to keep abreast of theatrical phenomena with cultural implications. I thought I would finally see Lin-Manuel Miranda’s creative re-imagining of the life of one of America’s most important Founders with an all “of-color” ensemble singing rap next year when the touring company had a scheduled month-long run at the Kennedy Center in Washington, D.C., but no. The touring company announced that it is canceling the gig, which had been scheduled to be part of the Kennedy Center’s celebration of the 250th anniversary of the Declaration of Independence. The show and its creator are throwing a tantrum, punishing the audiences of the Washington D.C. area because Donald Trump is Hitler, or something.

President removed Democratic members from the Center’s board, became its (temporary) chairman and replaced the venue’s president, so the uniformly leftist cast and production company decided to boycott the place. Well, you know, theater types…

“This latest action by Trump means it’s not the Kennedy Center as we knew it,” Lin-Manuel Miranda, who originated the title role on Broadway, said in an interview last week. “The Kennedy Center was not created in this spirit, and we’re not going to be a part of it while it is the Trump Kennedy Center. We’re just not going to be part of it.”

The show’s producer, Jeffrey Seller, whined that Trump “took away our national arts center for all of us.” “It became untenable for us to participate in an organization that had become so deeply politicized,” he said. “The Kennedy Center is for all of us, and it pains me deeply that they took it over and changed that. They said it’s not for all of us. It’s just for Donald Trump and his crowd. So we made a decision we can’t do it.”

The claimed justification for this hissy-fit insults the intelligence of Democrats and Republican alike. The Kennedy Center has, since its opening in 1964 as a memorial to the assassinated President John F. Kennedy, been a stronghold of Democratic power-brokers and liberals in general and the Kennedy family in particular, whose members and allies have always controlled the place. Although its inception was an order by President Dwight Eisenhower calling for a non-political arts venue in the Nation’s Capital, once the three theater complex was under the control of the Democratic Party’s First Family, bi-partisanship got the hook.

The “Hamilton” Axis allies had some gall referring to the Kennedy Center as apolitical and “neutral.” Nothing is neutral in Washington. I experienced first-hand the partisan influence of the Center when my theater company in nearby Arlington, VA. presented the premiere of a drama, “The Titans,” about the Cuban Missile Crisis. It had originally been slated to be presented at the Kennedy Center, but was vetoed by the Center’s board when the Kennedy family protested that the script was not sufficiently supportive of the myth that it was JKF who saved the world from nuclear war (rather than the one who almost blundered us into it).

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“The Ethicist” Finally Gets a Difficult Question…

/ Jack Marshall / 4 Comments

Kwame Anthony Appiah, the philosophy professor who currently writes the New York Times “The Ethicist” advice column, went off the rails (like so may other people I could name) during the Presidential campaign and the post-election freakout, but there are small signs that he’s recovering his professional equilibrium. Boy, I sure hope so.

Last week he was asked by an “emotionally and physically abused” ex-wife, now happily married, if she has a moral (she means ethical) obligation to warn the woman her ex- is now dating about his proclivities as she experienced them. She’s not a friend, but the inquirer and the girlfriend “travel in the same professional circles,” whatever that means.

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The Merle Oberon Story, or “Sometimes Those ‘Historic’ Oscar Nominations Aren’t So Historic After All” [Corrected]

/ Jack Marshall / 3 Comments

In 1936, Merle Oberon, best known today because of her co-starring role opposite Laurence Olivier in “Wuthering Heights,” became the first Asian actress to get an Academy Award nomination, for her role in “The Dark Angel.” But in 2023, Michelle Yeoh was widely hailed as the Academy of Motion Picture Sciences’ first Asian Best Actress winner. That is because Oberon hid her ethnicity from journalists and the public for her entire career in order to have a career at all. It worked: in addition to getting the much-sought role of Kathy in “Wuthering Heights,” Oberon played Anne Boleyn (in the Charles Laughton classic, “The Private Life of Henry VIII”) at a time when non-traditional casting was unheard of.

Oberon died of a stroke in 1979; it wasn’t until four years later that it was revealed that she had been born in Bombay, India, the daughter of an Indian woman who had been raped by a white man. Written before the secret was revealed, the Times obituary seems naive in retrospect: “A diminutive 5 feet 2 inches tall, Miss Oberon was of an almost exotic beauty, with perfect skin, dark hair and a slight slant to her eyes that was further accentuated by makeup.” Almost!

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Why Having Donald Trump as POTUS Drives Me Crazy (a Continuing Series), Reasons 1-4

/ Jack Marshall / 10 Comments

This post is partially catch-up: I decided to make this a continuing series so that I can have an accurate record of the posts dealing with the ethical dilemmas and conflicts created by this most unique White House occupant.

Reason #1 I mentioned here a couple of weeks ago: Trump and the reaction to him by the Axis of Unethical Conduct creates so many ethics controversies that it throws the balance on Ethics Alarms out of whack. I resent it. I get sick of focusing on national affairs and politics, which, I swear, are not where my greatest interests lie. But I also am trying to cover the entire ethics landscape in the limited time available to me. Trump and the intense reactions to him make that all but impossible.

Reason #2 is the way Trump Derangement renders so many friends, relatives, colleagues and associates emotionally and intellectually dysfunctional. My brilliant younger sister, for example, has been angry at me as well as the world ever since November 5; I can hear it in her voice. On Facebook, one or more of my friends embarrass themselves every day with rants, reductive outbursts, or inexcusably ignorant declarations, and nobody challenges them because a) it’s futile and b) if you do, one or more friends will decide you’re a fascist. Here’s one that I just saw:

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Rationalization #71: Dick Wolf’s Mantra, or “They Only Want A Better Life”

/ Jack Marshall / 24 Comments

As with all of the more recent rationalizations added to the list, #71, the first non-sub rationalization in a while, and thus the highest number so far, should have been included years and years ago. Who hasn’t been hearing and reading “They only want a better life!’ from illegal immigrant enablers, apologists and accessories after the fact for decades? Jeb Bush said it during his mercifully short Presidential run in 2015. Axis media like the New York Times may not use the exact words, but that is the underlying argument in their routine reporting of “good illegal immigrant” stories.

Why am I dubbing this annoying rationalization after Dick Wolf, the prolific TV producer and writer responsible for about a third of the dramas on TV among the reality shows quiz shows and sitcoms? It is because he drops the line into his productions virtually every time an illegal immigrant appears in the story line. I was tempted to call #71 “Mariska’s Rationalization,” because the star of “Law and Order: SVU” mouths the sentiment repeatedly throughout the show’s apparently endless seasons (after Mariska Hargitay finally dies on the job, the show will probably have her mummified corpse leading the police unit, like El Cid).

I confess: after announcing last year that I would be boycotting all Wolf shows after a particularly disgusting woke lecture in one episode I was unfortunate enough to hear, I tuned-in to an SVU re-run last night when my pathetic options were that, “Two-and-a-Half Men,” “Smile 2” and even worse junk. Sure enough, Olivia Benson was tracking down a white monster who was trafficking poor teens from Mexico and who set one of them on fire when she balked at being forced into prostitution to pay for getting across the border. When one of the other girls told Benson that she was afraid of being sent back to Mexico if she cooperated with “policia” to shut down the operation, Mariska, her face full of sympathy and her voice oozing motherly concern, said, “I know. But you you’ve done nothing wrong: you just want a better life!” At least in this episode Mariska didn’t talk about ICE like it was the Gestapo.

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The Delusional Tim Walz

/ Jack Marshall / 14 Comments

There is no better indicator of how far the Democratic Party has fallen into disarray than the fact that Knucklehead Tim Walz is being taken seriously as he tries to position himself as a viable option to run for President in 2028. Not only does Walz continue to display the incompetence that marked him as the most inept Vice-Presidential candidate in modern US political history, he appears to be completely unable to embrace reality.

I don’t know how clearly or directly I said it here at the time, but I instantly felt Walz’s awful performance in his debate with J.D. Vance was the tipping point for the 2024 election, the first time ever that the second slot debate had any significance or weight. Even with disgracefully biased debate moderators, Walz looked like the fool he is, and I could just sense undecided voters thinking, “This is the guy Kamala Harris picked to be a heartbeat from the Presidency? Oh-oh!” More substantively, Walz revealed his absence of respect for the First Amendment as well as his ignorance of what it means.

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They Make Such a Nice Couple! Ethics Dunce: Texas A&M University; Ethics Hero: The Foundation for Individual Rights and Expression (FIRE)

/ Jack Marshall / 31 Comments

Texas A&M students started holding “Draggieland” (“drag” mixed with “Aggieland,” get it?) at the campus theater complex in 2020. Five years later, however, the tradition was slapped down as the school’s Board of Regents voted to ban all drag events on the 11 Texas A&M campuses.The board’s resolution reads in part,

“The board finds that it is inconsistent with the system’s mission and core values of its universities, including the value of respect for others, to allow special event venues of the universities to be used for drag shows [which are] offensive  [and] likely to create or contribute to a hostile environment for women.”

I’d guess a pre-law student with a closed head injury could correctly explain what’s wrong with that silliness, but luckily the student body at Texas A&M will have a better champion than that, The Foundation for Individual Rights and Expression, aka FIRE. FIRE moved in to fill the breach when the ACLU decided to be woke rather than defend free speech and expression regardless of which side of the partisan divide was attacking them, and this low-hanging fruitcake edict prompted the organization to file a federal lawsuit. It backs the Queer Empowerment Council, a coalition of student organizations at Texas A&M University-College Station and the organizers of the fifth annual “Draggieland” event that was scheduled to be held on campus on March 27, and aims at blocking the policy as a clear violation of the First Amendment. Which it is. FIRE asked a court in the Southern District of Texas to halt Texas A&M officials from enforcing the ban.

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