Author: Jack Marshall

There Is No Justification For This Action By The Paducah (Ky.) Public School Board In Logic, Law Or Ethics [Corrected]

/ Jack Marshall / 12 Comments

I considered several of the Ethics Alarms movie clips for this one, finally settling on the standard “The Bridge Over The River Kwai” moment above. I easily could have chosen this one…

or even this one…

…but “Madness!” won out.

The College Fix reports that Paducah Superintendent of Schools Donald Shively has been suspended by the School Board for 40 days without pay because an 18-year-old photo of him in blackface at a Halloween party came to public attention. Shively will spend his exile “engaging in additional education, training and community involvement.”

It would have made sense, at least by the Naked Teacher Principle logic, to fire Shively. That would be based on a straightforward calculation that students could not ever come to trust an administrator who had engaged in conduct many (erroneously) believe is always indicative of racist views and intent, just as, in the cases involving teachers who allowed themselves to be photographed naked or in otherwise sexually provocative poses and the photos that have been discovered on the web by students, what has been seen cannot be unseen. If there is a judgment made that such photos permanently undermine the ability of a teacher to do her job, then she (or he, in a few cases) must be fired.

Similarly, firing may be the only remedy, by that reasoning, for a superintendent haunted by photographic evidence that he engaged in conduct now viewed as per se taboo, unless the former blackface virtuoso is the Democratic Governor of Virginia, a strange exception but a real one.

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Unethical Quote Of The Week: Wayne Allen Root

/ Jack Marshall / 18 Comments

goodbye

“Mr. President, your time is now. There is no tomorrow. Winning again in 2024 is not going to happen. You have to win now — for you, for your legacy, for the 74 million voters you love, for America, for American exceptionalism, for capitalism. There is no tomorrow”

Conservative author, pundit and radio host Wayne Allen Root in a column this morning on Townhall.

A long time ago I subscribed to Townhall, now one of the five most visited conservative sites on the web. I quit because of too many columns like Root’s: hysterical jeremiads about how the United States was doomed. If I still read Townhall regularly, this irresponsible piece would have ended that, probably before I reached the end of the piece.

Root, who has been one of the most vociferous Donald Trump boosters since those halcyon days when he was just regarded as a real estate and casino hustler with as much chance of becoming President as Mr. Whipple, is right about one thing: Trump will not win in 2024. He’ll be too old, and he will have probably used the next four years to become even more polarizing and inflammatory than he already is. Trump might pull a Teddy Roosevelt and run a third party bid, guaranteeing Democrats the election; I wouldn’t put it past him. But he will not be elected President in 2024.  If he were rational, practical and ethical, he would help groom a promising successor, like Nikki Haley. And if I were a yeti, I’d really enjoy the weather right now.

Calling for Trump to “win now” is the equivalent of calling for a violent upheaval across the country. Root writes, Continue reading →

Once Again, America’s Best-Known Scientist Demonstrates Why We Can’t Trust Scientists, Especially If They Are Progressive, Pandering, Political Correctness-Obsessed Jerks Who Apparently Get Their Information From Cartoons [Corrected]

/ Jack Marshall / 18 Comments

Not for the first time, astrophysicist Neil deGrasse Tyson, the anointed successor to the far more serious and reliable Carl Sagan, abused his reputation as the nation’s most-recognized scientist by grandstanding for the progressive mob, his allies and pals.

On Christmas Eve, he tweeted,

“Santa doesn’t know Zoology: Both male & female Reindeer grow antlers. But all male Reindeer lose their antlers in the late fall, well-before Christmas. So Santa’s reindeer, which all sport antlers, are therefore all female, which means Rudolf has been misgendered.“

One of the annoying things about Tyson is that he is a know-it-all, and like most know-it-alls, he doesn’t know as much as he thinks he does. When someone sporting the mantle of scientist is delving into the accuracy of the alleged features of Santa’s reindeer, he should be aware of the origin of the assertions he is debunking. Tyson obviously isn’t. Indeed, he is apparently illiterate.

The first mention of Santa’s reindeer is in the 1822 poem “A Visit from St. Nicholas,” better known today as “The Night Before Christmas.” He refers to “eight tiny reindeer.” Reindeer aren’t tiny, at least the reindeer we know about. If Santa’s reindeer are indeed tiny (in the poem they are pulling a “miniature sleigh”) , then they must be a species unknown to us and science, and thus the male members of the breed might retain their antlers. We have little information on this question. Scientists are supposed to investigate such things, not leap to conclusions. Tyson just assumed tiny reindeer are the same as the usual kind, or, more likely, he didn’t consider the issue at all. That’s sloppy, agenda-driven science, and malpractice by Tyson.

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Kwanzaa, The Unethical Holiday

/ Jack Marshall / 17 Comments

Kwanza

Kwanzaa, which I began becoming faintly aware of when I was in the administration at Georgetown University and we had to include it in any holiday greetings, was always a phony holiday, packaged as and often claimed to be an authentic African alternative to Christmas when it was really a made-up event by an American in America. It’s not celebrated in Africa; it’s not celebrated anywhere but in the United States, The extra “a” at the end was just tacked on to make the thing seem more authentic, like the fake name “Häagen-Dazs.”

Here’s how one source describes in part the “holiday’s” founding on December 26, 1966:

The first day of the first Kwanzaa [was] celebrated in Los Angeles under the direction of Maulana Karenga, the chair of Black Studies at California State University at Long Beach. The seven-day holiday, which has strong African roots, was designed by Dr. Karenga as a celebration of African American family, community, and culture. He founded US, a Black cultural organization, and looked to Africa in search of practices and concepts that might empower and unite the nation’s African American community. Inspired by Africa’s harvest celebrations, he decided to develop a nonreligious holiday that would stress the importance of family and community while giving African Americans an opportunity to explore their African identities…The name Kwanzaa is derived from the phrase matunda ya kwanza, which means “first fruits” in Swahili. Each family celebrates Kwanzaa in its own way, but celebrations often include songs and dances, African drums, storytelling, poetry readings, and a large traditional meal. On each of the seven nights, the family gathers and a child lights one of the candles on the kinara, or candle holder, then one of the seven principles is discussed. The principles, called the Nguzo Saba, are values of African culture that contribute to building and reinforcing community among African Americans. These values include unity, self-determination, collective work and responsibility, economic cooperation, purpose, creativity, and faith. An African feast, called a Karamu, is held on December 31. Today, Kwanzaa is celebrated by millions of people of African descent all across the United States and Canada.

Here’s how Karenga described his creation to the Washington Post:

“I created Kwanzaa,” laughed Ron Karenga like a teenager who’s just divulged a deeply held, precious secret. “People think it’s African. But it’s not. I wanted to give black people a holiday of their own. So I came up with Kwanzaa. I said it was African because you know black people in this country wouldn’t celebrate it if they knew it was American. Also, I put it around Christmas because I knew that’s when a lot of bloods would be partying!”

He didn’t even try to make the “holiday” culturally or historically consistent. The late conservative commentator Tony Snow explained,

There is no part of Kwanzaa that is not fraudulent. Begin with the name. The celebration comes from the Swahili term “matunda yakwanza,” or “first fruit,” and the festival’s trappings have Swahili names — such as “ujima” for “collective work and responsibility” or “muhindi,” which are ears of corn celebrants set aside for each child in a family.

Unfortunately, Swahili has little relevance for American blacks. Most slaves were ripped from the shores of West Africa. Swahili is an East African tongue.

To put that in perspective, the cultural gap between Senegal and Kenya is as dramatic as the chasm that separates, say, London and Tehran. Imagine singing “God Save the Queen” in Farsi, and you grasp the enormity of the gaffe.

Worse, Kwanzaa ceremonies have no discernible African roots. No culture on earth celebrates a harvesting ritual in December, for instance…The inventors of Kwanzaa weren’t promoting a return to roots; they were shilling for Marxism. They even appropriated the term “ujima,” which Julius Nyrere cited when he uprooted tens of thousands of Tanzanians and shipped them forcibly to collective farms, where they proved more adept at cultivating misery than banishing hunger.

Even the rituals using corn don’t fit. Corn isn’t indigenous to Africa. Mexican Indians developed it, and the crop was carried worldwide by white colonialists.

Snow concluded, “Our treatment of Kwanzaa provides a revealing sign of how far we have yet to travel on the road to reconciliation. The white establishment has thrown in with it, not just to cash in on the business, but to patronize black activists and shut them up.”

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Boxing Day Ethics Warm-Up, 2020: A Tip, An Obituary, A Prank, A Tell, And A Slug

/ Jack Marshall / 5 Comments

Gifts

Now this is a dedicated grandmother: my sister, who has been risk-averse her whole life, and who is my model of a Wuhan virus phobic, bought a used Winnebago, loaded up her old Havanese, and drove from Virginia to Los Angeles to spend Christmas and another three weeks with her son, his wife, and their seven month-old daughter. On the way cross country she parked her vehicle outside the homes of a series of strangers she was connected to by friends and friends of friends. Amazing.

1. There seem to be a few of these Christmas Ethics Heroes every year. In Bartonsville, Illinois, an occasional restaurant customer on Christmas Eve morning left a 2,000 dollar tip—in cash—for the 19-person staff of the Bartonsville diner. The man didn’t even leave his full name, just “Tony,” though he is apparently the son of a regular who joined him for breakfast. “He just said, ‘Merry Christmas,'” the owner told reporters. “How generous of somebody to do that, especially somebody who doesn’t come in that often. Nobody was expecting it, that’s for sure.”

2. How do you write an obnoxious obituary? Here’s how you write an obnoxious obituary. The Lagacy.com. entry for Grace McDonough, who died on December 21, concludes with this gratuitous and graceless—no pun intended—text:

The actions and inactions of the United States government regarding the Covid-19 virus has caused Grace McDonough and thousands of other nursing home residents to lose their lives to the Covid -19 virus. These same residents had successfully fought and won great battles against other diseases and conditions and yet were placed in harm’s way during the pandemic. These frail, elderly, sick and vulnerable innocents were not protected by the government they supported, fought for, contributed to and now depended on. Shame on the United States government! We, as their loved ones, have the right to be profoundly sad and profoundly angry at the same time. May our loved ones now rest in peace. It is the least they deserve.

Grace was 95 years old. She lived in a nursing home, where residents are in close confinement and where pandemic infections were and are especially deadly. Attributing the death of a 95-year-old on the undefined “actions and inactions” of the government demonstrates a) a dangerous gullibility to Democratic propaganda b) denial of reality and c) the continuation of  what is probably a pattern of looking for someone to blame for every misfortune. Fark, the humorous news aggregator website infected itself with predictable leftist bias, termed the obituary “fierce.” I would call it signature significance indicating a family teeming with jerks.

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Remembering, Again, The 1914 Christmas Truce

/ Jack Marshall / 5 Comments

Truce

I’ve posted on this a couple of times, and as it is one of the more unusual ethics events in history to occur on Christmas, here it is again. Of course, as an America, I am joyful about another, more consequential military event that happened on Christmas. Washington crossed the Delaware river on this date. His resulting victory over the Hessians at Trenton was, in the end, less than consequential militarily, but it was important nonetheless . It bolstered the rebelling colonies’ morale, at a point where there were serious doubts that the nascent democracy had any chance to prevail.

One of the weirdest events in world history took place on Christmas 1914, at the very beginning of the five year, pointless and stunningly destructive carnage of The Great War, what President Woodrow Wilson, right as usual, called “The War to End All Wars.”

World War I, as it was later called after the world war it caused succeeded it,  led to the deaths of more than 25 million people, and if anything was accomplished by them, I have yet to read about it.

The much sentimentalized event was a spontaneous Christmas truce, as soldiers on opposing sides on the Western Front, defying orders from superiors, pretended the war didn’t exist and left their trenches, put their weapons and animus aside, sang carols,  shared food, buried their dead, and perhaps, depending on which source you choose to believe, even played soccer against each other.

The brass on both sides—this was a British and German phenomenon only—took steps to ensure that  this would never happen again, and it never did.

It all began on Christmas Eve, when at 8:30 p.m. an officer of the Royal Irish Rifles reported to headquarters that “The Germans have illuminated their trenches, are singing songs and wishing us a Happy Xmas. Compliments are being exchanged but am nevertheless taking all military precautions.” The two sides progressed to serenading each other with Christmas carols, with the German combatants crooning  “Silent Night,” and the British adversaries responding with “The First Noel.“ The war diary of the Scots Guards reported that a private  “met a German Patrol and was given a glass of whisky and some cigars, and a message was sent back saying that if we didn’t fire at them, they would not fire at us.”

The same deal was struck spontaneously at other locales across the battlefield. Another British soldier reported that as Christmas Eve wound down into Christmas morning,  “all down our line of trenches there came to our ears a greeting unique in war: ‘English soldier, English soldier, a merry Christmas, a merry Christmas!’” He wrote in a letter home that he heard,

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Unwrapped Ethics, Christmas, 2020, Because Ethics Never Takes a Holiday [Corrected]

/ Jack Marshall / 14 Comments

christmas-hero-H

I hope everyone manages to have the best, most love-filled, happy Christmas possible. Everyone but me and the dog are sick, depressed are both in my household, but I’m making it work. It will be a “Christmas Story”-style Chinese food Christmas, though, the way it’s shaking out.

1. Now THIS is an unethical home Christmas decoration…

0002-Kmart-Sign

…except that according to the story, the neighbors don’t mind. At great expense, Jason Pieper erected this 900 pound thing after purchasing it at an auction for over $2,000. He then decorated surrounding trees with blue and white lights to follow the theme: remember those blue light specials? To me, this would seem to be a bit out of whack with the spirit of the holiday, but perhaps no more than the giant Christmas Imperial Walker, the 20 foot inflatable penguin and some of the monstrosities in my neighborhood.

2. Workplace ethics. Jeffrey Toobin should feel too bad. An L.A. County Sheriff’s deputy had his radio mic open while he was in flagrante delicto. His sex partner was moaning over his panting as the dispatcher from the Sheriff’s station tried to get her deputy’s attention without success. “The deputy was immediately relieved of duty,” the Sheriff’s office informed the media.

Americans are becoming such prudes.

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Ethics Dunce, Rogue And Fool To Be Held Up As An Example Forever More: Dr. Anthony Fauci

/ Jack Marshall / 15 Comments

Fauci

From the New York Times:

“In the pandemic’s early days, Dr. Fauci tended to cite the same 60 to 70 percent estimate that most experts did. About a month ago, he began saying “70, 75 percent” in television interviews. And last week, in an interview with CNBC News, he said “75, 80, 85 percent” and “75 to 80-plus percent….In a telephone interview the next day, Dr. Fauci acknowledged that he had slowly but deliberately been moving the goal posts. He is doing so, he said, partly based on new science, and partly on his gut feeling that the country is finally ready to hear what he really thinks. Hard as it may be to hear, he said, he believes that it may take close to 90 percent immunity to bring the virus to a halt — almost as much as is needed to stop a measles outbreak.“

No, what is hard to hear, though at this point hardly a shock to anyone with a functioning brain, is that Fauci now admits he’s been lying….you know, “for our own good.”

Don’t heed the spin, the double-talk and the euphemisms: when someone tells you something other than what he or she knows to be true or believes to be true, that individual is deliberately attempting to deceive you by communicating what they believe to be untrue as true. That’s lying. No debate. No defense. That’s what it is, by definition. “I did it for your own good” is a rationalization.

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Merry Christmas, Everyone! And Here Is the Final Chapter of “Miracle On 34th Street,”An Ethics Companion, As Kris Kringle Gets His Day In Court [Updated]

/ Jack Marshall / 11 Comments

It could be argued that the hearing (it’s not a trial) that serves as the dramatic climax to “Miracle on 34th Street” is the most memorable courtroom scene in movie history. That tells us something, though I’m not sure what. A more legally and ethically absurd spectacle would be difficult to imagine.

When we last saw Kris Kringle—if that indeed is his name—he was preparing to go to a hearing in which his sanity would be determined by a judge. (Insert Marx Brothers “Sanity Clause” joke here.) Lawyer Fred Gailey actually quits his law firm to take on the case, which he is handling pro bono. The hearing will he presided over by a judge played by Gene Lockhart, who has impeccable Christmas movie credentials, having played Bob Cratchit in one of the adaptations of “A Christmas Carol.”

The logical, legal and ethical aspects of the story go off the rails quickly, never to return. Mr. Macy orders Sawyer to have the case dropped, which makes no sense: if Sawyer were suing Kris for assault and battery, of if Macy’s had pressed criminal charges, Macy would have some say. But this is the state of New York saying that Kris is a threat to himself and others because he’s deluded. It’s a state matter now.

Sawyer goes to Fred and tries to get him to drop the case, saying “I represent Mr. Macy.” What, he’s a lawyer now? Not only does Macy have no role in this matter, Fred’s defending Kris, not prosecuting the case.

When Sawyer mentions that Macy’s wants to avoid publicity, Fred sees a little light bulb go on in his skull. “Very interesting,” he says out loud. “Publicity. Hmm. That’s not a bad idea! If I’m going to win this case… I’ll have to have plenty of public opinion!” Except that’s unethical. From New York’s Code of Professional Conduct, which wasn’t in force when the film was made but the principles were:

DR 7-107 [1200.38] Trial Publicity.
A. A lawyer participating in or associated with a criminal or civil matter, or associated in a law firm or government agency with a lawyer participating in or associated with a criminal or civil matter, shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding in that matter….

Saying that one’s client will need publicity to influence public opinion is a clear statement of intent to violate the spirit if not the letter of the ethics rules. Fred breaches the rules again when he goes to see the judge to persuade him not to sign Kris’s commitment papers. In an adversary proceeding, a lawyer must not meet with a judge without opposing counsel present; that an ex parte communication, and strictly forbidden. Of course, it’s also unethical for the judge to let him do it.

That’s not all in the realm of judicial ethics. After suggesting that the fact that Kris says he’s Santa Claus makes his insanity a forgone conclusion, Judge Harper, who is apparently an elected judge (a situation I regard as a “pre-unethical condition”) is visited by his campaign manager, Charlie, an old pol played by none other than William Frawley, now immortal for co-starring in “I Love Lucy” as Fred Mertz. He suggest that Harper withdraw from the case:

“This Kringle case is dynamite. Let some judge handle it that isn’t coming up for reelection..I’m no legal brain trust. I don’t know a habeas from a corpus. But I do know politics. That’s my racket. I got you elected, didn’t I? And I’m gonna try to get you reelected….You’re a Pontius Pilate the minute you start!”

Then the judge’s grandchildren make a convenient entrance, and snub him because he’s being mean to Santa. Later, when the hearing somehow is turned into a referendum on whether Santa is real, Charlie returns with a dire warning:

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And The Latest Honoree In The Ethics Alarms “Presumed Racism Hall of Fame” is . . .

/ Jack Marshall / 11 Comments

White judges

Among the bulwarks of the George Floyd Freakout and its accompanying “anti-racism” hustle is that all whites are racists, non-whites cannot succeed, prosper or find justice in the United States, and that anti-black racism should be presumed in any situation where that presumption might advance the cause of a black citizen.

Here is a blazing example, out of Fairfax County, Virginia, virtually in my back yard. Fairfax County Circuit Court Judge David Bernhard issued an opinion his week that the portraits of past judges from the Fairfax County Circuit Court might create the impression that the court itself biased. Bernhard won’t allow any portraits to be on display for any trial he presides over going forward.

“The Court is concerned the portraits may serve as unintended but implicit symbols that suggest the courtroom may be a place historically administered by whites for whites, and that thus others are of a lesser standing in the dispensing of justice,” Bernhard wrote. “The Defendant’s constitutional right to a fair jury trial stands paramount over the countervailing interest of paying homage to the tradition of adorning courtrooms with portraits that honor past jurists.” The judge’s opinion observes that the U.S. is experiencing “heightened attention to the past inequities visited upon persons of color,” so the fact that 45 of the 47 past judges whose portraits hang in the Fairfax County courthouse were white is now an implicit threat to black defendants.

His grovel came in response to a request to remove the portraits in a motion from the layer for Terrance Shipp Jr., who is scheduled to stand trial on charges of eluding police, assault on a law enforcement officer and other counts.

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