Citizenship

The School, the Flag, and Cinco de Mayo

/ Jack Marshall / 8 Comments

It has been almost a week since Cinco de Mayo, and I’m still not sure how to assess the conduct in this story.

A group of five students at Live Oak High School in Morgan Hill, California were told by a school administrator that their American flag bandannas were “disrespectful” to the Hispanic students at the school celebrating Cinco de Mayo, and that they either had to remove them or leave. After their parents were called in to discuss the matter, the boys decided to leave.  As you might imagine, this was an instant politically-charged custom-made for Fox News. The school district issued a statement saying that it didn’t agree with the administrator’s handling of the situation.  The boys issued a statement affirming their support for American patriotism, and asserting that they felt  discriminated against and robbed of  their First Amendment rights. Then, the next day, about 85 mostly Hispanic students staged a noon protest march through Morgan Hill to express their support for the administrators.

Were the students wrong to wear American flags on a day that Mexican-American students were celebrating Cinco de Mayo? Was the school wrong to send students home for wearing apparel that featured the American flag? Is it ever fair to treat the American flag as inappropriately provocative in the United States? Continue reading →

Being Fair to Elena Kagan

/ Jack Marshall / 5 Comments

The long knives are already out for Solicitor General Elena Kagan, now the latest Supreme Court nominee. Once, before the late Ted Kennedy shamelessly accused Robert Bork of being a racist, a sexist and a monster to boot, U.S. Presidents were accorded the respect by both parties in the Senate have confirmed whoever they chose for the High Court, unless the choice was so cynical or politically tainted as to demand defeat. No more. Now each nominee has to thoroughly debase herself or himself by denying the political philosophies that produced his or her nomination in the first place. The first casualty of the nomination process is integrity.

Is it too late to go back? Is it too late to be fair? Continue reading →

The Ethics of Silencing Hate

/ Jack Marshall / 1 Comment

Good and just people are not just bothered by the bad things people do, but also by the bad things they may be thinking while they do it.  This is reasonable, on its face, because a lot of  the time (though far from always), misconduct arises from ideas, emotions, motives and intentions that are not very admirable and sometimes despicable. The indisputable connection between what we think and what we do increasingly is fueling the idea that we can and should try to control people’s thoughts—not by encouraging good ones through education, culture, philosophy, role models and positive reinforcement, but by preventing bad thoughts through punishment, enforced conformity, censorship, and linguistic controls.

The civil rights movement, once dedicated to wiping out discrimination, which is a kind of conduct, now focuses on eliminating bigotry and bias, a form of thought. Hate crime legislation extends penalties for criminal acts beyond the act itself to what the criminal was thinking while he committed it.  The term “hate speech” is frequently used to describe any intense negative opinion as a way of both suppressing and de-legitimizing political opinion. The label effectively argues that an opinion, even a reasonable opinion by itself, should be shunned and even suppressed based on the “illegitimacy” of the thought process used to arrive at it.

As many predicted, this device or tendency (which you call it depends in part on how cynical you are) has intensified with the election of our first African American president, allowing the kind of intense opposition rhetoric, satire, condemnation, hyperbole and ridicule that has been directed at virtually every president before him to now be characterized as hate speech, or proof of racial prejudice. People, of course, have a right to engage in this tactic, but it is wrong.

Over on Facebook, over a million people have joined a fan page called “DEAR LORD, THIS YEAR YOU TOOK MY FAVORITE ACTOR, PATRICK SWAYZIE. YOU TOOK MY FAVORITE ACTRESS, FARAH FAWCETT. YOU TOOK MY FAVORITE SINGER, MICHAEL JACKSON. I JUST WANTED TO LET YOU KNOW, MY FAVORITE PRESIDENT IS BARACK OBAMA. AMEN”, inspired by a joke that is a lot older than Barack Obama, and probably older than Millard Fillmore. Continue reading →

“The Ethicist” and Helping Illegal Immigrants

/ Jack Marshall / 2 Comments

Randy Cohen’s first response in this week’s installment of “The Ethicist” (in the Sunday New York Times Magazine) isn’t exactly unethical, but it isn’t exactly ethical, either, if little things like obeying laws still matter to you. The real value of Cohen’s column this time is to remind those who blithely condemn Arizona’s illegal immigration enforcement statute as “cruel,” “racist” or “un-American” the extent to which the Federal Government’s failure to control our boarders and enforce the immigration laws has corrupted and confused us all.

Stuart Gold, from Brooklyn (and I respect Stuart for making his name public) queries Randy about how he should deal with knowledge that a local supermarket is exploiting some illegal immigrants working there by not meeting the legal requirements for minimum wages and working conditions. Stuart is friendly with the workers and wants to help them, but he doesn’t want to get them fired or deported. Cohen tells him to advise them of their rights if they don’t know them, but to leave any proactive steps to them.

This is reasonable advice, but look at what we have: Continue reading →

Drug War Ethics: THIS Is Excessive Force…

/ Jack Marshall / 10 Comments

Radley Balko, a senior editor at Reason Magazine, has been following the law enforcement tactic of paramilitary raids on American homes, some of which go horrible wrong, and many of which raise questions of propriety and proportion. One of the worst of these, a February raid on a family’s home in Missouri that featured the invading authorities shooting the family dog in front of a young child, is immortalized on this frightening video. The father was charged with marijuana possession and child endangerment, presumably because he used drugs in the presence of his.

Balko, who, like everyone at Reason, is a libertarian, uses the incident to press his opposition to the illegal status of recreational drugs. “This is the blunt-end result of all the war imagery and militaristic rhetoric politicians have been spewing for the last 30 years,” he writes… Continue reading →

The Last Word on “Taser Boy”

/ Jack Marshall / 2 Comments

Today the New York Times weighed in with an editorial on the Phillies taser incident, not surprisingly siding with the kinder, gentler majority who have argued against the position taken here, sometimes, like my passionate friends over at Popehat, in a not so kind or gentle way. “The best course there [Philadelphia], as anywhere, is smarter, more attentive security in the stands,” the Times said. “Maybe it’s also higher Plexiglas, stiffer trespassing fines, less beer. Force must always be the last resort. Tasering a showboating kid is just plain excessive.”

<sigh!>

Continue reading →

The Fan, the Taser, and Respect for the Law

/ Jack Marshall / 22 Comments

A teenaged fan ran out on the field in the middle of a Philadelphia Phillies game a couple of days ago. This happens many times, too many times, during the baseball season, and it is always followed by a merry chase, sometimes with fans laughing or cheering, featuring over-weight security staff or police trying to capture the fool, and occasionally a featuring a  surprise, like a player intervening and decking the guy. There was a surprise this time, all right: when the fan wouldn’t stop after the pursuing officer told him to, he was shot with a taser. And some fans cheered at that, too.

A tsunami of criticism is now crashing over the security officer, condemning the tasering of 17-year-old Steve Consalvi, sometimes in terms more appropriate to discussing Abu Ghraib. If I were Consalvi’s father, I would counsel him to immediately issue a statement taking full responsibility for the incident and absolving the officer. The teen’s conduct was irresponsible and illegal, and for it to result in any adverse employment action against the security officer who tasered him would only compound the offense. This is especially true because the critics of the officer are dead wrong. They are in the grip of a dangerous, illogical but increasingly popular idea in our culture that submitting to  legitimate police authority is one of those things that we can do or not do without consequences or stigma. The fan on the field is one of the mildest examples of disrespect for the law, but it is a perfectly good place to start getting our ethics unmuddled. Continue reading →

Ethics Dunce: Roman Polanski

/ Jack Marshall / 1 Comment

I know, this is akin to shooting fish in a barrel. Still, Roman Polanski’s self-righteous protest of what he sees as victimization and injustice, recently published in the French magazine La Règle du Jeu, is worth noting if only as a useful case study of how privilege and rationalizations can lead to ethical delusion.

Polanski, proclaiming, “I can now remain silent no longer!”—which I doubt will take its place next to Dreyfus’s “I am innocent!” in the annals of memorable prisoner quotes—makes it clear in his statement that he has no remorse and admits no serious wrongdoing for drugging, raping and sodomizing a 13-year old girl, the 33-year-old crime that began his legal problems. Oh, he accuses authorities of being unfeeling to the now-grown victim, who has repeatedly said she would like to see the entire issue disposed of and forgotten so she can get on with her life, conveniently forgetting that his brutality and subsequent refusal to be accountable to U.S. justice are the sole reasons she is suffering. Continue reading →

What Hugo Alfredo Tale-Yax Can Teach America

/ Jack Marshall / 2 Comments

The one with the premium-grade ethics alarms bled to death on the sidewalk. The people who never had them installed at all took pictures. Is this the way it’s going to be?

Hugo Alfredo Tale-Yax was a Guatemalan immigrant who lived in Queens, New York. His life was a mess; he was destitute, ill, and had no job or likelihood of getting one. When he saw a knife-wielding man apparently assaulting a woman on the street two weeks ago, however, he knew what his ethical obligations were. He rescued her by intervening in the struggle, and got stabbed, badly, for his actions. The attacker ran off, and so did the woman, who didn’t check on Hugo after he fell, and  never contacted the police. She also neglected to say, “Thanks for saving my life.” Continue reading →

“Everybody Draw Muhammad Day” Ethics

/ Jack Marshall / 66 Comments

The “Everybody Draw Muhammad Day” mess is a wonderful example of how ethics train wrecks begin to engulf anyone who get near them. It also an example of an idea that is clever, funny, well-intentioned, and wrong. Continue reading →