Author: Jack Marshall

Ethics Quote Of The Month: The 5th Circuit Court Of Appeals

/ Jack Marshall / 12 Comments

“We find that the White House, acting in concert with the Surgeon General’s office, likely (1) coerced the platforms to make their moderation decisions by way of intimidating messages and threats of adverse consequences, and (2) significantly encouraged the platforms’ decisions by commandeering their decision-making processes, both in violation of the First Amendment.”

—A three-judge panel of the The U.S. Court of Appeals for the Fifth Circuit in New Orleans, substantially upholding a lower court’s preliminary injunction in The State of Missouri et al v Joseph R. Biden, Jr., et al,

The Per Curiam opinion is here, and its legal and ethical clarity cannot be overstated. The Court wrote in part,

. . . On multiple occasions, the officials coerced the platforms into direct action via urgent, uncompromising demands to moderate content. Privately, the officials were not shy in their requests—they asked the platforms to remove posts “ASAP” and accounts “immediately,” and to “slow[] down” or “demote[]” content.

It is uncontested that, between the White House and the Surgeon General’s office, government officials asked the platforms to remove undesirable posts and users from their platforms, sent follow-up messages of condemnation when they did not, and publicly called on the platforms to act. When the officials’ demands were not met, the platforms received promises of legal regime changes, enforcement actions, and other unspoken threats.

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From The Res Ipsa Loquitur Files: I Think Mexico Might Have A Teeny Ethics Culture Problem…

/ Jack Marshall / 9 Comments

I could be wrong, of course.

Out of the 30,000 participants at last month’s Mexico City Marathon, about 11,000 runners have been disqualified for cheating by using illegal means to beat the 26.2-mile course. More than 1 out of 3 racers used various non-foot methods of transportation or other unethical tactics.

Mexico has become a drug and crime infested hell-hole, with large portions of the country run by cartels. Its presidency has been license to steal and accept bribes for a couple centuries now. No wonder illegal immigrants breaching our laws to get here see nothing wrong with their conduct: their nation has been rotting from the proverbial head down for as long as they can remember. What constitutes ethics in Mexico today? In 2015, Donald Trump was accused of racism and bigotry for saying that Mexico wasn’t sending us “their best people.” It is beginning to look like Mexico’s “best” are the ones who are leaving, and even they aren’t trustworthy.

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A Rationalization #22 Mitigation Of U.S. Progressive Racial Spoils: Canada Is Even Worse

/ Jack Marshall / 8 Comments

Rationalization #22, in my view the worst of the over 100 rationalizations on the list, is called “The Comparative Virtue Excuse,” or “It’s not the worst thing.” I immediately thought of it when I read the head-exploding account of how a father escaped jail time in Canada for incest that resulted in the birth of a disabled child who has been placed in foster care. The father admitted that he had regularly had sexual relations with his daughter since she was 19 or 20. Incest is typically punishable with a jail sentence of at least two years and as high as 14 years, but a majority of the Nova Scotia Court of Appeal decided last month that the father shouldn’t have to spend any time in jail at all, just two years of house arrest, with a monitor. That’s nice. He can even continue his loving relationship with his daughter under those rules.

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From The “Eternal Vigilance Is The Price Of Liberty”: A Law Firm Is Caught Inflicting “Good Racial Discrimination” And Backs Down

/ Jack Marshall / 4 Comments

The scary part is that a major law firm really thought it would be legal to do this, or perhaps knew it wasn’t legal but thought it could get away with it anyway.

The law firm Morrison Foerster, based in San Francisco, was sued for excluding non-minority students from its so called “diversity fellowships,”described as a program for first-year law students who are members of “a diverse population that has historically been underrepresented in the legal profession,” such as black, Hispanic, Native American and LGBTQ+ individuals. The plaintiff in the suit was the American Alliance for Equal Rights (AAER), founded by same conservative activist who brought the lawsuits that resulted in the Supreme Court finally declaring affirmative action in college admissions what it had always been: unconstitutional racial discrimination.

A few weeks after the lawsuit was filed, the firm removed all references to race from the program page on its website, an implicit statement that “OK, you caught us. Never mind!” The program now is described as

designed to recognize “exceptional first and second-year law students with a demonstrated commitment to diversity and inclusion in the legal profession.” In other words, the firm is substituting viewpoint discrimination for racial discrimination.

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Friday Forum, Open For Business

/ Jack Marshall / 36 Comments

It’s come to this.

I’m playing “The Learned Judge” in a lightly staged concert version of Gilbert and Sullivan’s “Trial by Jury” this weekend at the Georgetown Law Center. (That’s a different production of the show above.) The cast is made up of current students and alums from the past 50 years. Gilbert’s resolution of the musical law suit in which a jilted bride is suing a rogue for breach of promise of marriage is that the judge (me) decides to marry the plaintiff himself, a decision that she is delighted with. In announcing this “judgment,” I came down to the young woman, a first year law student, playing the plaintiff “Angelina” and placed my arm around gently around her waist, then transitioned to holding her hands in mine as we sang the final bars of the show.

The director asked that I only place my hand on Angelina’s shoulder rather than around the waist, because the production might be criticized for endorsing sexual harassment.

But you all chat about whatever ethics matters are making your lives interesting, exciting, or miserable.

Observations On An Incident At McDonald’s

/ Jack Marshall / 85 Comments

For various reasons the most convenient route to a late lunch was the nearest McDonald’s, so after my wife’s physical therapy session, I reluctantly hit the drive-thu. All went surprisingly well at first: for a welcome change, someone who could speak clear-English was at the mic, and the order was correct on the screen (though the prices for fast food now are absurd). Two sandwiches, one small fries, no drinks, easy-peezy.

The order was simple, Grace didn’t bother to check the bag when I handed it to her at the window, but it felt light, so she checked after we had pulled away. Sure enough, there was only one of the two sandwiches we had ordered.

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What Does It Say About The State Of Higher Education In The U.S. That Its Oldest And Most Prestigious Institution Is The Nation’s Most Hostile To Free Speech?

/ Jack Marshall / 17 Comments

It’s a rhetorical question. What this says is that the culture of the United States of America, which has been nurtured for centuries to embrace personal liberty and pluralism, is being threatened by its elite educational institutions and the indoctrinated citizens they graduate.

I suppose I should take some satisfaction that I began blowing the metaphorical whistle on my alma mater years ago, and felt sufficiently embarrassed by the ethics rot overwhelming the ivy there to turn my diploma face to the wall and to explain in my class notes that I would be boycotting the class reunion. Simply put, the American college long considered the exemplar for higher education cannot become fascistically woke without dire consequences to the nation. Harvard alumni, many, maybe even most, of whom recognize this, have been negligent in allowing matter to reach this point. But that point has been reached.

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The Other Shoe Drops In The Alex Murdaugh Murder Trial Train Wreck

/ Jack Marshall / 6 Comments

In March, disbarred South Carolina lawyer Alex Murdaugh was sentenced to two consecutive life sentences after a jury found him guilty yesterday of the 2021 slayings of Maggie and Paul Murdaugh, his wife and son. Murdoch, who already faced life in prison for his financial crimes and who is a compulsive liar, was convicted despite an extremely weak case in which the prosecution barely proved necessary elements of the crime. The only motive for his murdering his family the state could come up with was that he did it to was to take attention away from his other offenses. Okaaaaay…

Here is what I wrote about the case after the trial…

“Reviewing the astoundingly thin evidence, I do not understand why the trial judge didn’t throw out the jury’s verdict and declare Murdaugh acquitted because there was not enough to convict him beyond a reasonable doubt as a matter of law. There wasn’t. This was an example of a jury convicting a defendant of murder because they decided he was a bad guy and there were no other suspects. Alex Murdaugh lied repeatedly regarding the deaths of his wife and son and he was undeniably a thief and a sociopath—but prosecutors couldn’t and didn’t present much more than theories about whether he was the killer. Judges are understandably, reluctant to over-ride juries, but in this case it was necessary. If the Trump Deranged reasoning that the conclusion that someone is just an untrustworthy bounder is sufficient to assume guilt of criminal activity is becoming a cultural norm, our justice system is approaching a crisis, if it isn’t in one already.

The news yesterday suggests that the jury verdict may have another explanation.

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When Ethics Alarms Don’t Ring: The Education Secretary’s Play List

/ Jack Marshall / 7 Comments

Wow. What an idiot.

Here are some sample lyrics from the songs our Education Dept. Secretary loves:

“Out o’ town, put it down for the Father of Rap And if yo’ ass get cracked, bitches, shut your trap. Come back, get back, that’s the part of success.”

“Fuck all you hoes. Get a grip, motherfucker!”

“My my, I’m big huh, I rip my prick through your hooters I’m sick, you couldn’t measure my dick with six rulers”

Secretary Cardona can listen to, read and love whatever he chooses, but his tweet—he quickly deleted it, of course, after multiple social media commenters explained to him that the tweet called into question his priorities and judgment—is a red flag to parents who don’t want their children to be immersed in a sexually-obsessed culture when they need to learn academic skills. This is the official who is overseeing U.S. education policy, and he saw nothing inappropriate about endorsing songs with lyrics like “Fuck all you hoes.”

A Climate Scientist Explains How Science, Academia And The Media Collude To Mislead The Public

/ Jack Marshall / 21 Comments

The “climate scientist” in question is really a climate scientist: his name is Patrick T. Brown, and he is the co-director of Climate and Energy at The Breakthrough Institute. His article in the Free Press yesterday is essentially whistle-blowing on his own colleagues, and not only earns him an Ethics Hero designation, but also contains the Ethics Quote of the Month, which is both ethical in that he has the integrity and courage to make it, and a vivid description of unethical conduct that affects us all.

Here’s that quote:

“The paper I just published—“Climate warming increases extreme daily wildfire growth risk in California”—focuses exclusively on how climate change has affected extreme wildfire behavior. I knew not to try to quantify key aspects other than climate change in my research because it would dilute the story that prestigious journals like Nature and its rival, Science, want to tell.

“This matters because it is critically important for scientists to be published in high-profile journals; in many ways, they are the gatekeepers for career success in academia. And the editors of these journals have made it abundantly clear, both by what they publish and what they reject, that they want climate papers that support certain preapproved narratives—even when those narratives come at the expense of broader knowledge for society.

“To put it bluntly, climate science has become less about understanding the complexities of the world and more about serving as a kind of Cassandra, urgently warning the public about the dangers of climate change. However understandable this instinct may be, it distorts a great deal of climate science research, misinforms the public, and most importantly, makes practical solutions more difficult to achieve.”

This is hardly shocking news, but it is shocking to have one of the scientists—Trust the science! Science is Real!-–who participates in fearmongering climate change propaganda as a means of controlling public policy stating outright what any objective and analytical observer should be able to figure out. Such objective and analytical observers are condemned and mocked routinely as “climate change deniers” and “conspiracy theorists.” His article shows that another description is warranted: right.

Read it all, even though it is likely to make you angry, and to want to shake the piece in the faces of your smug and ignorant climate change fanatic friends and relatives who keep citing “scientific consensus” as justification for expensive and futile efforts to avoid “Climate Armageddon.”

Other infuriating points:

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