Author: Jack Marshall

No, Civility Is Not “Bullshit”

/ Jack Marshall / 19 Comments

civility2

I’ve been tempted for some time to challenge Ann Althouse’s “civility bullshit” argument, which she has proclaimed for years and even has a tag on her blog for it. Her claim that civility is bullshit is bullshit, and obviously so: she runs a civil blog, and if she really thought civility was bullshit, she wouldn’t. Today she used her argument again, this time in the fisking of a rationalization-filled Karen Tumulty defense of Neera Tanden in the Washington Post. Althouse writes,

I’ve been writing under the tag “civility bullshit” for years. It represents my longstanding opinion that calls for civility are always bullshit. Certainly in the area of politics, calls for civility always come out when the incivility is hurting your people. When somebody is deploying incivility effectively for your side, you hold your tongue and enjoy the damage. 

That’s a shockingly bad argument for a lawyer, never mind a law professor. Saying that many people cynically use complaints about civility to silence dissent doesn’t mean that civility itself is an invalid value. One could say the same about lying, or adultery. Althouse is complaining about hypocrisy.

Furthermore, I don’t comprehend how anyone could have observed the last four years and not admit that civility is crucial. That was at the core of my warning in 2015 that electing a President like Donald Trump would turn the country into a nation of assholes. The President is always a powerful role model, and it was clear that a President Trump, given his habits and proclivities (and lack of self-control), would do terrible harm to civility in American society, and as the many follow-up pieces here track, he did.

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Dumb And Dumber: A Snap Shot Of Our Dysfunctional Civic Discourse

/ Jack Marshall / 12 Comments

Two dumb tweets

If there is any value to Twitter at all, it may be its ability to reveal the intellectual deficits of those who use it.

The above tweet and response is a fine example. Hannah Cox is a libertarian-conservative writer, commentator, and activist, a Newsmax “Insider” and a frequent contributor to The Washington Examiner. Her tweet above is signature significance: any one who could state for public consumption that the United States “is one of the biggest and most intrusive governments known to man” without their brain leaping out through their nose and slapping them in the face cannot be trusted. It is a really ignorant exaggeration, the kind of hyperbole Donald Trump made daily. Overstating a point for the delectation of idiots doesn’t help. It hurts because such statements make an entire philosophy of government seem stupid by misrepresenting it.

The tweet it is responding to, by “proud progressive” Texas State Representative John Talerico, is, impressively, even worse. It is stupid AND scary. He describes himself on Twitter as “youngest legislator, former middle school teacher, and eighth generation Texan.” Then he virtue-signals by adding “1 John 4:8”: that’s the “Good is love” quote. How young is this idiot, 10? Was he frozen cryogenically in 1967 and warmed up to run for the Texas legislature against a slug? What are they teaching in Texas schools? Surely not logic, political science or world history. They clearly aren’t teaching Ben Franklin’s critical observation, “Those who give up liberty for security deserve neither.” Talerico’s tweet is an open-ended appeal to totalitarian government, if he means what he wrote—Texas schools may not be teaching English, either. The opposite of limited government is unlimited government, and unlimited government is “a boot stamping on a human face— forever,” in George Orwell’s chilling metaphor from “1984.” The Texas schools don’t teach that either, I bet.

Sadly, this is the usual level of dialogue between the Left and the Right that now frames our democracy. It’s incompetent; it’s irresponsible, and as we have seen for at least 20 years, it nurtures dysfunctional politics, government and democracy like moisture nurtures mildew.

Ethics Quote Of The Month: Colonel William Travis

/ Jack Marshall / 18 Comments

Victory or Death

“”To the People of Texas & All Americans in the World—Fellow Citizens & compatriots— I am besieged, by a thousand or more of the Mexicans under Santa Anna — I have sustained a continual Bombardment & cannonade for 24 hours & have not lost a man — The enemy has demanded a surrender at discretion, otherwise, the garrison are to be put to the sword, if the fort is taken — I have answered the demand with a cannon shot, & our flag still waves proudly from the walls — I shall never surrender or retreat. Then, I call on you in the name of Liberty, of patriotism & everything dear to the American character, to come to our aid, with all dispatch — The enemy is receiving reinforcements daily & will no doubt increase to three or four thousand in four or five days. If this call is neglected, I am determined to sustain myself as long as possible & die like a soldier who never forgets what is due to his own honor & that of his country —Victory or Death.“

Col. William Barrett Travis, Commander of the Alamo in San Antonio, Texas, on February 24, 1836, as his make-shift fort with its couple hundred volunteers were surrounded by the army of General Santa Ana, and a siege was inevitable.

Travis sent out several appeals for assistance and reinforcement that day, but this one has been enshrined as one of the iconic letters in American history. When the Texas revolution began in 1835, Travis, a failed lawyer, businessman and husband—he had abandoned his wife and unborn child in Alabama to escape his debts and start a new life in the Mexican territory—had became a lieutenant-colonel in the revolutionary army and was given command of troops in the recently captured city of San Antonio de Bexar (now San Antonio). On February 23, 1836, a large Mexican force commanded by General Antonio Lopez de Santa Ana arrived in the town. Travis and his troops barricaded themselves in an abandoned mission repurposed as a fort, the Alamo, where they were  joined by a volunteer force led by Texas land speculator and adventurer Jim Bowie. Later, another, smaller group of volunteers organized by former Congressman and self-made legend Davy Crockett joined them.

Before Travis’s fevered and desperate letter-writing, the Mexican dictator had demanded the fort’s unconditional surrender, promising no quarter if the defenders refused. As his letter said, Travis answered with a cannon shot.

And the rest, as they say, is history.

This is an especially important time for Americans to remember the Alamo.


Tuesday Ethics Torture, 2/23/21: Stevey’s Going, Peter Suprises, Ian Shrugs, And California Dictates…

/ Jack Marshall / 19 Comments

Torture of Brinvilliers, 17th Century

I spent a half-hour searching for ethics stories that made me feel good. All I found was more sources of gloom and depression. I have a headache, and no matter how many times I play, “Zing! Went the Strings of My Heart!,” it doesn’t male me want to laugh, gambol and frolic….

1. Normally the baseball season’s impending approach would cheer me up, as it has for more than 50 years (and that’s another damn thing—I can’t possibly be that old), and this time, nothing. It’s like I’m dead inside. The twin curses of the Boston Red Sox pandering to Black Lives Matter and the team’s rehiring of a proven, and as far as I can see, unrepentant cheater as manager have apparent sucked all of the joy out of what has been a lifetime passion. Now I’m bothered more by the flaws that once I would have shrugged off, like this one: Ian Desmond, a 35-year-old outfielder with the Colorado Rockies, has “opted out” of playing for the second straight season.

“For now, I’ve decided to opt out of the 2021 season,” Desmond wrote on Instagram. “My desire to be with my family is greater than my desire to go back and play baseball under these circumstances. I’m going to continue to train and watch how things unfold.” Between the two seasons, the player has now walked away from a combined $13.56 million. He was owed $8 million this year and was set to make $5.56 million of his prorated $15 million salary last season, though the Rockies have a $2 million buyout for 2022.

Desmond, 35, hit .255 with 20 homers in 140 games in 2019. He’s not special. Yet he has made so much money in a slightly above average career that he can afford to toss away millions of dollars. An industry that pays its workers so much that they have no financial incentive to work makes no sense, and any team that would keep a player like Desmond, whose attitude is, “Eh, I don’t feel like playing baseball…maybe later,” is foolish. He’s healthy, relatively young, and his risks of serious health problems from the Wuhan virus are slim: my grocery store clerks face greater risks by far. Yechhh.

2. Slippery Slope Warning! The slippery slope is both a phenomenon and a fallacy, as when someone objects to something benign by arguing that it creates a theoretical slippery slope that is not benign. Of late however, the assault of the Woke has made slippery sloping a national pastime, particularly involving slopes that lead governments to dictate all manner of conduct that should be none of its damn business.

For example, in California, good little brain-washers Evan Low and Cristina Garcia introduced Assembly Bill 1084 to require gender neutral retail departments. The bill would add Part 2.57 (commencing with Section 55.7) to Division 1 of the Civil Code, to be titled “Gender Neutral Retail Departments.” The bill would enact a regulation based on “legislative findings” that there are unjustified differences in similar products traditionally marketed either for girls or for boys. Thus the bill, on the theory that it will be easier on the consumer if similar items are displayed closer to one another in one, undivided area of the retail sales floor, mandates eliminating gender distinctions in clothing sales. In addition, keeping similar items that are traditionally marketed either for girls or for boys separated incorrectly implies that their use by one gender is inappropriate, the bill claims/

Ah! Illegal implication. Can’t have that!

I would assume that even an idiot could see that this is government indoctrination and has zero to do with serving consumers. If a retail company chooses to market clothing as unisex, they should go for it, but it is not the role of government to dictate how merchandise is displayed.

California is a contagious carrier of terrible and infectious ideas. The other states should be wearing big masks…

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Creeping Totalitarianism Alert! As Expected, The Democratic Party Moves To Censor Speech And Suppress Dissent

/ Jack Marshall / 8 Comments

Committee anouncement

“In their zeal for control over online speech, House Democrats are getting closer and closer to the constitutional line, if they have not already crossed it,” writes Glenn Greenwald at substack. But the point is, they want to cross it, and have been signalling that they want to cross it for a long time. This is not a conspiracy theory. This is real.

On March 25, the House Energy and Commerce Committee will interrogate Twitter’s Jack Dorsey, Facebooks’s Mark Zuckerberg and Google’s Sundar Pichai at a hearing which the Committee announced will focus “on misinformation and disinformation plaguing online platforms.” “Misinformation and disinformation” is defined by Democrats as any opinions, theories or analysis that they find inconvenient. Such statements as “President Trump colluded with the Russians,” “President Trump incited a deadly insurrection” or “Hunter Biden has done nothing wrong” are not “misinformation and disinformation.” Clear?

Writes Greenwald,

“House Democrats have made no secret of their ultimate goal with this hearing: to exert control over the content on these online platforms. “Industry self-regulation has failed,” they said, and therefore “we must begin the work of changing incentives driving social media companies to allow and even promote misinformation and disinformation.” In other words, they intend to use state power to influence and coerce these companies to change which content they do and do not allow to be published.”

This is a direct attack on democracy, and the certainly that the Democratic Party was poised to use this strategy once they were in power was the reason, as I stated in November, that I concluded that the only responsible choice was to vote to re-elect Donald Trump, who is as attractive to an ethicist as head cheese is to a vegan. Those who allowed emotion, bias and propaganda to convince them otherwise were irresponsible and incompetent, and have enabled an existential crisis.

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Law And Ethics Notes

/ Jack Marshall / 22 Comments

ethics and law

I’m desperately trying to meet a course materials deadline so my brain is stuck on law right now. Here are are few items of general interest:

1. As expected, the Supreme Court passed on the various cases involving the election, ruling them moot, which indeed they are. Thomas and Alito dissented, with Gorsuch joining with Alito, on the grounds that it would be prudent to take up the issues involved in those cases now, to avoid a repeat in the next election.

Justice Thomas wrote:

“The Constitution gives to each state legislature authority to determine the ‘Manner’ of federal elections,” Yet both before and after the 2020 election, nonlegislative officials in various States took it upon themselves to set the rules instead. As a result, we received an unusually high number of petitions and emergency applications contesting those changes.”

Thomas argued that the cases Republican Party of Pennsylvania v. Veronica DeGraffenreid (2021) and Jake Corman v. Pennsylvania Democratic Party (2021) presented “a clear example” of election law issues that the Supreme Court should settle, writing

“The Pennsylvania Legislature established an unambiguous deadline for receiving mail-in ballots: 8 p.m. on election day. Dissatisfied, the Pennsylvania Supreme Court extended that deadline by three days. That decision to rewrite the rules seems to have affected too few ballots to change the outcome of any federal election. But that may not be the case in the future. These cases provide us with an ideal opportunity to address just what authority nonlegislative officials have to set election rules, and to do so well before the next election cycle. The refusal to do so is inexplicable.”

Oh, I can explain it. The Court doesn’t want to inject a destabilizing element into what is already dangerously widespread suspicion about the election. An opinion that said, in essence, “This was illegal, and some illicit votes were allowed to count that shouldn’t, probably not enough to change the results, but at this point, who knows?” would not be helpful or wise.

2. If you think a lawyer looking like a cat at a hearing is bad, or appearing before a judge on Zoom in pajamas, or a professor being on mute for two hours while lecturing remotely, consider this: Peruvian defense lawyer Héctor Cipriano Paredes Robles was taking part in a virtual hearing when his video feed began to show him stripping naked, and engaging in enthusiastic sex with a naked woman.The judge, John Chahua Torres, tried to alert Robles that the hearing participants could see him and his partner’s multiple positions on the live feed, but the lawyer was, uh, busy.

“We are witnessing obscene acts which represent a violation of public decency and are aggravated by the fact they are being recorded nationally!” Judge Torres said.

Good point.

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From The “If You Judge Donald Trump By The Character Of His Enemies, He Looks Surprisingly Good!” Files: Mayor De Blasio’s Ice Follies

/ Jack Marshall / 17 Comments

ice rinks

How did this utter jerk get elected mayor twice? How did he have the gall to run for President?

It was announced that two popular ice skating rinks in New York City’s Central Park, both managed by the Trump Organization,were being closed this week by New York City. The reason was widely understood to be in order to give a metaphorical middle finger to the ex-President. The rink contracts had been set to expire in April, but de Blasio decided to end the contracts on February 26. Previously, the New York Post had revealed that on January 31, when announcing the concession terminations for Wollman Rink, Lasker Rink, the Central Park Carousel and Trump Golf Links at Ferry Point in the Bronx, a de Blasio spokesman said, “Trump has been impeached from operating the ice rink.”

Ha ha ha! What assholes.

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A Culture That Regards “The Muppet Show” As Offensive Is A Culture Without Humor, Nuance, Or Proportion. Thanks, Disney!

/ Jack Marshall / 30 Comments

Muppets

Disney’s streaming service, Disney+, made episodes of “The Muppet Show” available to subscribers last week, and attached the disclaimer:

“This program includes negative depictions and/or mistreatment of people or cultures. These stereotypes were wrong then and are wrong now. Rather than remove this content, we want to acknowledge its harmful impact, learn from it and spark conversation to create a more inclusive future together. Disney is committed to creating stories with inspirational and aspirational themes that reflect the rich diversity of the human experience around the globe.”

This alone will prevent me from ever considering a subscription to Disney+. How many negative descriptions apply to that disclaimer, in addition to the obvious “stupid”? Shameless woke virtue-signaling? Cowardly betrayal of a genius’s art? Grandstanding to curry favor with our new censorious and fascist Masters of the Left? Utter crapola?

Let’s see:

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George Washington’s Birthday Ethics Warm-Up, 2/22/21: Happy Birthday, George! We’re Sorry Your Country Has Become Populated With So Many Ignorant, Ungrateful Fools…

/ Jack Marshall / 19 Comments

portrait_of_george_washington

If there is any American whose birthday should be a national holiday, it is George Washington, born this day in 1732 in Westmoreland County, Virginia, the first of six children of Augustine and Mary Ball Washington. If I have to tell you the reasons he was “the essential man” in American history, well, I guess you’re the product of our current public school system, a recent college graduate, a Democrat, a Black Lives Matter enthusiast, or something. There is no rational excuse for every American, yes, even African-Americans, to not be grateful for this day. Martin Luther King is now the only individual to have a national holiday dedicated to his honor, while Washington’s memory was dumped into a hodge-podge of lesser figures including Franklin Pierce, William Henry Harrison and now, Donald Trump. King is worthy of his day, but to honor King over Washington is as good an example of “putting the cart before the horse” as one could find. Shame on us. True, George is not lacking honors, with the capital city named for him, a towering monument, cities and towns in many states, Mt. Rushmore, and his image on both the most-used bill and coin. Nonetheless he earned all of it, and this date should be a holiday.

On The Ethics Alarms home page, you will see to your right a link to the list of ethical habits some historians believe made Washington the remarkably trustworthy and ethical man he was, ultimately leading his fellow Founders to choose him, and not one the many more brilliant, learned and accomplished among them, to take on the crucial challenge of creating the American Presidency. Directed to do so by his father, young Washington copied out by hand and committed to memory a list called “110 Rules of Civility & Decent Behavior in Company and Conversation.”  It was  based on a document compiled by French Jesuits in 1595; neither the authors nor the English translator and adapter are known today. The elder Washington was following the teachings of Aristotle—another Dead White Man whom most Americans alive today couldn’t tell you Jack S-word about— who held that principles and values began as being externally imposed by authority (morals) and eventually became internalized as character. As I wrote when I first posted them here,

The theory certainly worked with George Washington. Those ethics alarms installed by his father stayed in working order throughout his life. It was said that Washington was known to quote the rules when appropriate, and never forgot them. They did not teach him to be a gifted leader he became, but they helped to make him a trustworthy one.

Would that readers would access that list more often. And politicians. And lawyers. And educators…

1. How ignorant and ungrateful? THIS ignorant and ungrateful…

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The New Racism, Now Available At Cornell…Oops! Never Mind! Racism? What Racism?

/ Jack Marshall / 16 Comments

Cornell racism

How brazen are our indoctrination institutions as they attempt to enshrine the new racism as an American norm? This brazen: Cornell launched a segregated rock-climbing course excluding white students, described as a class will provide a “high degree of individual attention” focusing on “BIPOC individuals and groups in rock climbing.” Campus Reform confronted school authorities about the discriminatory and facially illegal course description, and the school quickly backed down, pulled the description, changing it to one stating that the class is “open to all” students who are “interested in learning rock climbing with this special focus.”

Wow. Cornell must be really certain that all of its students have been thoroughly woked if it took an outside conservative website to get the school to reverse itself. Or perhaps they were confident that any Cornell student who had the perception, intelligence and integrity to flag this outrage would know that he or she risked being driven off campus by an angry mob, not that this would be a bad thing. I would not stay in a college run by administrators who openly discriminate like that, and it wouldn’t matter what group they were discriminating against.

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