Comment of the Day

Comment of the Day: Prosecutor Ethics, “What The Hell Were You Thinking?” Dept: Dog-Whistling “Dixie” To The Jury

/ Jack Marshall / 7 Comments

Dixie

I will introduce this fascinating Comment of the Day by one of the blog’s masters of the long form comment, Chris Marschner,  by saying that I think it is only tangentially related to the post, though he would disagree. Chris is writing about the history of “Dixie” and why it should not be associated with racism. Whether I agree with that analysis or not, the fact is that the public does overwhelmingly associate the song with a longing for the simplicities of the Old South, when the darkies were singing in the cotton fields and those Northern folks weren’t sticking in their noses where they don’t belong. This is the basis of an Idaho court’s decision to overturn the conviction of a black defendant after the prosecutor gratuitously and needlessly quoted the lyrics of the song in her closing argument.  That decision was correct, because the issue is whether the comment could reasonably have been an appeal, or seemed like an appeal, or have had the effect of an appeal, to racial bias. I don’t think that conclusion is arguable.

Here is Chris’s Comment of the Day on the post, Prosecutor Ethics, “What The Hell Were You Thinking?” Dept: Dog-Whistling “Dixie” To The Jury:

The prosecutor failed her client – the people- not because she used the words of an 19th century song but because she failed to come to understand that history and culture of the US has been so bastardized that even an appellate court has no understanding and context of the origins of the song and the history and culture of the south. And, because of its misunderstanding believes the lyrics to be racially prejudicial.

“Maybe Erica is so young, color blind and historically ignorant that she had no idea that “Dixie” has been played at Klan rallies and used as the campaign theme for states rights, segregationist, white supremacy candidates since the Civil War. Maybe she didn’t recognize the cotton reference as racial.”

This song was written by a northerner named Daniel Decatur Emmett and performed in New York in an 1859 minstrel show by Emmitt in blackface. The reference to cotton is geographic in nature because cotton represented the primary agricultural commodity and wealth creator of the southern states – nothing more unless one is predisposed to finding anything related to the antebellum south as racist

Many songs have been coopted by various groups but to suggest that lyrics of Dixie are inherently racial because they are used by White supremacists is faulty logic. If a white supremacist adopted the image of Leonardo D’Vinci’s David or Venus d’ Milo or other classical work of art on their flag that would not mean that any such depiction suggests racial superiority. Continue reading →

Comment of the Day: “Comment of the Day: ‘Hard Lesson Of The Walmart Tragedy: Bad Ethics Kills’”

/ Jack Marshall / 12 Comments

Homefront-the-Revolution-592

My post about the tragic shooting incident in the Idaho Walmart continues to generate fascinating comments, not always directly related to the post. (Linking publications and websites to the contrary, I took no position on guns or gun control measures, though I have elsewhere on Ethics Alarms. The post’s positions were anti-incompetent gun ownership and anti-irresponsible parenting.) In the inevitable gun-related debates that have emerged, frequent commenter and blogger Shelly Stow opined that the need for guns to resist a government that attempts to crush individual freedom no longer exists.

This sparked the Comment of the Day, a history lesson as well as an explication for the need to have the last resort of armed revolution available, from 2014’s most prolific commenter, texagg04, and here it is, beginning with a quote from Shelly’s comment, on the post, “Comment of the Day: ‘Hard Lesson Of The Walmart Tragedy: Bad Ethics Kills’”:

“I disagree that, should our citizenry today become threatened by a government bent on tyranny, weapons in the hands of that citizenry would right the situation.”

Wait. What????

So, you are saying that IF we truly faced a tyrannical government at home THEN we aren’t supposed to do anything about it to overthrow it. And that’s precisely what you are saying if you think weapons in the hands of citizens isn’t the right situation.

What???? God knows in the face of a tyrannical government, sit-ins, hunger strikes, and demonstrations accomplish precisely nothing. Certainly no external forces would come to our succor — the UN, populated by precisely the kind of tyrannies we don’t want? No. Western Europe, which can’t even be bothered to solve it’s own problems? No…

Come now… Continue reading →

Comments Of The Day: “Remembering Christmas Music”

/ Jack Marshall / 7 Comments

Xmas music

This is a rare collaborative Comment of the Day, as texaggo4 and Penn combined for a fascinating discourse on the trend in Christmas holiday music and its significance in response to my December 23 post, prompted by listening to one too many renditions of “I Saw Mommy Kissing Santa Clause” and “Santa Baby.” It’s a wonderful job by both participants here, reinforcing my conviction that the the debates following the posts are as valuable, or more so, than the posts themselves.

First up is tex, followed by Penn’s response. Here is their combined Comment of the Day on “Remembering Christmas Music”:

Christmas only exists because of Christ. That being said, pull the religion out of the holiday and ultimately the holiday disappears and all of its associated trappings.

Christmas music has several “genres”, not classified nor exclusive:

1) Theological or religious: directly communication the story or the theology of the Incarnation.

2) Modern references to the festivals associated with the Christ-Mass.

3) Modern references to the neo-pagan Christmas folklore…Santa Claus, Saint Nick, Father Christmas, etc.

4) Modern references to the American folklore… Frosty the Snowman, etc

5) Modern references to the post-materialist Capitalist associations with Christmas— Christmas party songs.

6) Modern references to the post-narcissist associations with Christmas…songs about sex….

great.

We all saw this coming…it is predictable. take the religion out of a religious holiday and you can only assume that artistic messages (songs included) pertaining to the Holiday will have less and less to do with the ethical message of the holiday until eventually, watered down, it isn’t even worth playing the secular versions of that Holiday’s music.

What are the secularists complaining about? They asked for this.

Here is Penn’s reply: Continue reading →

Comment Of The Day: “After The Brooklyn Cop Murders, The Sound Of Spinning: WindyPundit Takes On My ‘Smear'”

/ Jack Marshall / 26 Comments

Neil Dorr is among my favorite regular Ethics Alarms commenters, because he is passionate, articulate and fearless, and because he disagrees with me about 85% of the time. I’m also fond of Neil because he is part of an esteemed father-son team here: Karl Penny, his dad, had registered his commentary at Ethics Alarms since its launch. Neil informed me this month that his father had died, suddenly and unexpectedly. It is strange: I had never met Karl face-to-face, but I feel like I have lost a friend, so vivid and good-natured were his periodic communications here. Neil, of course, has lost far more, and my heart and good wishes go out to him and his family.

Someone had to register this response to my conclusions regarding the assassinations of two police officers in New York. I assumed that this would be the reaction of many and perhaps the majority, which is why I almost didn’t post my position. I know it walks into the spinning propeller of predictable resistance to truth-telling on this issue.

The media is already doing a bang-up job confusing the public and muddying the water, primarily by misrepresenting the situation as a) a dispute over “police abuse,”when the issue is the presumed racism of the system; b) focusing on NYC Mayor De Blasio, who is a minor player at best, and c) making it seem like the consequences of the despicable “Hands up!” propaganda are a local New York issue only. In this they have been ably assisted by clumsy blow-hards like Rudy Giuliani, who virtually made a straw man and handed it to his critics. “Is Giuliani correct in saying that President Obama started a propaganda campaign four months ago that “everybody should hate the police”? asked Washington Post “Fact Checker” on the way to giving Rudy four “Pinnochios.” Of course he wasn’t correct. I, however, am correct when I conclude that Obama and others have created an environment where African Americans fear and distrust the police, the justice system, and their fellow citizens who happen to be white more than any period since the Civil Rights movement. I know that Obama supporters  disheartened Democrats hate to hear this, and will resist accepting it like the approach of grim death. They can take solace, perhaps, in the fact that my influence on and ability to enlighten public perception is negligible, so with the help of the news media, accountability can be ducked once again, at least for a while. Maybe after the death toll rises sufficiently, people will be ready to listen….to someone else with a bigger megaphone, presumably.

Here is Neil Dorr’s Comment of the Day on the post “After The Brooklyn Cop Murders, The Sound Of Spinning: WindyPundit Takes On My ‘Smear,'” and yes, I will have a rebuttal at the end: Continue reading →

Comment of the Day: “What Michelle Obama Calls Racism…Today, Anyway”

/ Jack Marshall / 12 Comments
The First Lady at Target, whose skin color obviously led a shopper at Target to ignore the blouse, cart, shopping cart, purse and sunglasses and assume that she was a minimum wage target employee who just wasn't wearing her red shirt today, because whites are such racists. It's amazing she wasn't shot, when you come to think of it. No really. Amazing.

The First Lady at Target, whose skin color obviously led a white shopper at Target to ignore the blouse, cart, shopping cart, Target bags, purse and sunglasses and assume that she was a minimum wage Target employee who just wasn’t wearing her red shirt that day, because whites are such racists. It’s amazing Michelle wasn’t shot, when you come to think of it. No really. Amazing.

I suppose it should be no surprise that my bias toward “Comment of the Day” candidates tilts toward comments that save me a post. This couldn’t be more true than in the case of this edition, a comment by johnbuger2013 (and I can’t wait to see what johnbuger2014 has to add!). The effort by Michelle Obama to paint normal , harmless, benign and trusting interactions between black and white citizens as racist profiling is really horrible, and the degree that the news media (“oh, there go those tea-bagging right-wing media again, picking on the Obamas for nothing!”) is ignoring the implication of what she did is not merely horrible but terrifying. Essentially, it is a declaration that the media will accept false accounts as truth as long as it furthers the narrative that all blacks—even the Obamas!—are constant victims of thinly disguised bias and racism.

What Michelle launched into the the public discourse, and “People” irresponsibly abetted, is yet another Big Lie, like the myth that Mike Brown was gunned down while surrendering with his hands up.  Though she was dressed at the time of the alleged incident like a shopper, with a cart and a giant purse, in sunglasses and wearing a Nike cap, Michelle absurdly told the magazine that a shorter fellow shopper, who was short but white—that’s the key, white—asked her if Michelle  could take down an item from a high shelf because the shopper assumed the first Lady was “the help’–because she is black.  The story is unbelievable on its face, and more than that, it exposes Obama as an anti-white bigot. Never mind: everywhere, her offensive characterization is being treated as fact. Fact—even though it is impossible, even though shoppers ask each other, regardless of race, for assistance all the time. Knee-jerk loyalists to the cause of race-baiting, victim-mongering, eternal grievances and Team Obama—including other commenters here— have twisted logic and fairness into grotesque shapes to justify this disgraceful story. The Big Lie, as we know, works.  From the Hollywood Reporter:

“During the show’s Hot Topics section, the co-hosts addressed Barack and Michelle Obama’s recent statements that they’ve been mistaken for the help.”

But Michelle wasn’t mistaken for the help. Michelle is so paranoid, bigoted and race-obsessed that she thought she was mistaken for the help with no justification whatsoever. Never mind: her story is now Truth. From US:

“The ladies [ of “The View”] got into a heated discussion when O’Donnell, co-host Rosie Perez, and Orange Is the New Black’s Laverne Cox agreed that it’s racist when African-Americans are profiled in stores.”

But Michelle wasn’t profiled in the store (and nobody on The View’s panel of ignoramuses had te wit or integrity to point out that the whole discussion was based on a falsehood). Someone foolishly mistook her for a normal, well-adjusted, non-white-hating human being who would happily assist a stranger without assuming the worst about her. This will teach her. next time, only ask white shoppers for help: they won’t hate you for it.

As you might be able to tell, I am upset about this story, and the trend it represents, and angry with anyone, regardless of race, who won’t view it objectively and condemn it for what it is. But this is not a politics blog, but an ethics blog, and even though ethics outrages just pour out of the Obama Administration Ethics Train Wreck like the waters of Niagara, my mission is broader,  my target audience is broader still, and on a topic like this, where 90% of journalist are inclined to promote a lie, I can’t accomplish much by flogging the same issue day after day on Ethics Alarms, other than assuaging my own frustration.

I digress, however. Here is the Comment of the Day, by johnbuger2013, on the post, “What Michelle Obama Calls Racism…Today, Anyway”: Continue reading →

Comment of the Day on “Comment of the Day on ‘The Perils Of Over-Regulating The Police: A Case Study'”

/ Jack Marshall / 11 Comments

Robocop

Stephen Mark Pilling contributes the second consecutive Comment of the Day providing perspective on the issue of police militarization, in response to the first. Here is his Comment of the Day to the post (by dragin_dragon, which you should read first if you haven’t yet), Comment of the Day on “The Perils Of Over-Regulating The Police: A Case Study”

When critics speak of the “militarization” of the police, not all are looking at it from the same viewpoint. Some are, of course, sociopathic or are conspiracy theorists. Some have swallowed the loudly flaunted concept that policemen are evil racists, corrupt ward healers in uniform or just about anything heinous, as they represent law as an absolute, not a relative.

There is a rational based distrust, however. Many of us grew up in a time where the police still walked a beat or patrolled his neighborhood in a squad car, armed with nothing more than a revolver. We’re also the product of an old tradition of law enforcement that stems from the British mold. Unlike the continental European system of paramilitary gendarmes, we adapted a system of localized lawmen, run by an elected county sheriff. The metropolitan police department is still a relatively new phenomenon, started in late 19th Century London.

To many citizens, police who are unaccountable to a directly elected chief and who sport automatic weapons strike a sour note. But recently, people have been seeing them acquiring armored vehicles, military assault training and a tendency to wearing black uniforms. They’ve also noted an increased likelihood of these tactics and weapons being utilized and the increased incidence of “no knock entries”. Likewise, citizens have been imaging police making arrogant idiots out of themselves and caused other cops to become ever more touchy about cell phones, whether they’re right or wrong.

These and other factors have been serving to create a gap between the citizens and the police. That’s never a good thing, of course, because that trust is vital in a free society. Citizen distrust only deepens when they perceive policemen in whom this sense of civil mastery is full blown. As a former military cop, as a private citizen and as a friend or relative of a lot of civilian cops, I’ve seen all this from different angles. I’ve also seen the divide deepen in recent days.

One small note. The funding of police units on all levels directly from federal sources coincides with the worry by many that state and local police units may be more or less within the pocket of federal departments. The actual militarization of once innocuous federal police units and the memory of Obama’s projected National Civilian Defense Force has resulted in fear that this is an intentional part of a program to create an instrument of oppression. For myself, I highly doubt that any street cops would lend themselves to some “martial law” based takeover of the homeland of America. What I’m not sure of, though, is how many in higher authority have not conceived of the notion and would execute it if they could.

Again; it’s vital that the bonds of trust be strengthened between the police departments and those law abiding citizens whom they “serve and protect”. They must never- ever- be heard to make disparaging remarks about “civilians”, as that only deepens the gulf. In the Army Military Police Corps, the official motto is “Of the troops and for the troops”. It’s a good motto. It should also carry over to every local police or sheriff’s department in America. “Of the citizens and for the citizens”. Policemen who embrace that attitude will seldom go wrong. Both they and the communities they serve will benefit.

Continue reading →

Comment of the Day on “The Perils Of Over-Regulating The Police: A Case Study”

/ Jack Marshall / 24 Comments

militarization

ABC News Political Analyst and former Bush advisor Matthew Dowd said on ABC’s This Week  that the recent cases of police violence involving unarmed African Americans were as much due to the militarization of police forces as race.

“We basically dress up officers as if they’re machines,” Dowd said. “And then we expect them to act like human beings. So what happens is, they confuse power with force. Most of the officers in this country do a great job. But when we militarize our police force and dress them up like machines, they act like machines.”

Technically, he was right: there is no evidence that those tragedies were caused by race or militarization. He had exactly no evidence or documentation that the “militarization of police” caused these deaths, or that alleged militarization has caused any deaths. This appears to be emerging conventional wisdom, just one of those things someone says and everyone nods in agreement with no real thought. Why is the so-called “militarization” of police forces such a threat or cause to distrust police? If police are not trustworthy, that’s a reason not to give them fire-power, but having more fire-power doesn’t make them less trustworthy. It simply makes it more important than ever that police be well trained and responsible.

I was preparing a post about this emerging theme as an example of bias, in this case, pre-existing anti-police bias, being translated into false and discourse-warping assumptions by activists and the police when stalwart commenter dragin_dragon delivered this, the Comment of the Day, on the post The Perils of Over-Regulating the Police: A Case Study:

Police departments have been quasi-military for many years, and it has not seemed to hurt their ability to enforce the law. As early as 1974, Austin, Texas P.D. referred to it’s officers on patrol as “the troops”. S.W.A.T. units have traditionally used what they thought of as “Military” weapons, tactics and mode of dress; never mind that a properly trained infantry squad could and would wipe them out in minutes. Note, also, that most states and/or cities ban the mounting of weapons on the surplus (obsolete) armored and tracked vehicles or helicopters. They do NOT ban a man carrying a weapon being mounted on those vehicles. I also point out that many police officers are ex-military so are bringing to the job an environment with which they are already familiar. Rank structures are similar, and the police in the United States, at least, carry weapons, perhaps as a holdover from the Old West, perhaps not.

Given the rise in crime rates (see Chicago, Detroit), many of these escalations of Police equipment and training are needed. This became evident a number of years ago when a Los Angeles bank robbery went south and the robbers began shooting at the converging police with automatic (not the semi-automatic versions described as automatic, but rock-and-roll full automatic) assault weapons. The out-gunned police (9 MM pistols and shotguns) did the best they could and, like Israel, vowed “Never again”. Strangely enough, many in the National Media agreed, at the time. So, what we are referring to as the “Militarization” of the Police is being undertaken for 2 reasons: 1) to provide a higher likelihood that the officers will get to, at the end of the day, go home to family, and 2) so that the public, which they are sworn to protect and defend, will also, at the end of the day, get to go home and family.

Does this increase the likelihood that a perpetrator may not make it to trial? Quite likely. Do I care? Not so much. As I am sure will be pointed out repeatedly, death tends to be relatively final, with no appeal. And, after all, the most dangerous criminal has the right to due process. Unfortunately, crime, violent crime, is not something one does accidentally. It requires a conscious decision, often along with a misplaced almost arrogant sense of invincibility. Getting shot, and probably killed is the most natural consequence in the world of that attitude. Ask Michael Brown. Like it or not he jeopardized the well-being of an armed police officer, apparently arrogantly disregarding the consequences of his behavior and, quite probably putting the officer’s life at risk. I am assuming that Wilson, like many police officers these days, was wearing a very militaristic bullet-proof vest under his shirt, but, since Ferguson is a fairly poor community (and rapidly becoming poorer) possibly not, so he might have been better off if Brown had shot him, first. At least he would still have a job.

All this is by way of saying that militarization of departments is not necessarily a bad thing. The use to which the training and equipment is put may be a bad thing, but I have not seen, in any report, any attempt to oppress or exert Nazi-like control over the citizenry. So, am I in favor of the “Militarization”? You bet. I am in favor of anything that makes it more likely that they will be able to survive the work day. And make no mistake, that is always a question for a police officer, just like it is for the combat soldier. Am I also in favor of more and better training? Also, you bet. Need I repeat? And the management, or “command” element of the police need to be taught How and When to use the equipment and training.

Continue reading →

Comment of the Day: Daily Comics Ethics: When Did Erection Gags Become Appropriate For The Funny Pages?

/ Jack Marshall / 4 Comments

unicorn

Traversing such seemingly unrelated topics as aphrodisiacs, “Mr. Ed,” post-war culture, literacy, and the evolution of childhood,  Penn’s Comment of the Day is one of my all-time favorites. Here it is, a response to the post, “Daily Comics Ethics: When Did Erection Gags Become Appropriate For The Funny Pages?” I have a lot of reactions, but here are three:

  • If kids really don’t read the funny papers any more, what good are they? Who does read them? The Washington Post and other papers used to take “Doonesbury” out of the section and place it in the main body of the paper on the theory that it’s humor was “adult.” (Of course, “Doonesbury’s” humor has also been non-existent since around 1978—but I’ve never seen an erection joke there, either.)
  • Just because little kids are familiar with the term “horny” doesn’t mean they have any idea of what it refers to.
  • I like the “Mr. Ed” song!

In reply to your rhetorical (and tertiary) query, Jack, you missed (that small part of the) evolution just as we all did and do, because it was an evolution, a slow-moving American tsunami of post-war change beginning in the late 40s.

As a child, I recall controversy, strictly among adults, over things that wouldn’t be even thought of today such as the idea of having a girl (Lois Lane?) take up a weapon against a villain instead of waiting, albeit bravely, for Superman, to come rescue her. It was argued to be unladylike – and therefore, unsuitable for children’s comics — for females to fight for themselves if there was a man around, even as the WACS, nurses and ambulance drivers returned home, joining widowed moms & rosie-riveters in job-hunts. Or unless it was Wonder Woman. And oh the struggles to allow Wonder Woman — she of the skin-molding, crotch-height tights and the noticeable chest bumps, however well armored — into the son’s bedroom. Or the daughter’s wardrobe (next, she’ll want a bra!) Continue reading →

Comment of the Day: “The Ferguson Riots: Of Course.”

/ Jack Marshall / 61 Comments

I know this is a departure: this is my own comment. After I posted it in a fevered state, I decided that it warranted wider exposure.

It comes in response to a jaw-dropping post by one of the most articulate and analytical regulars on Ethics Alarms, who wrote in response to the original essay, this, beginning with a quote from it:

“the activists don’t care, literally don’t care, about [what really happened and why] For them, the issue is simple. A white cop in a racist police department shot an unarmed black teen to death, and that means that there will be riots if he’s not indicted.”

“As there should be.

The moral is – if you don’t want riots, regardless of whether the shooting was justified (if I were on the Grand Jury, then on the scraps of evidence I’ve seen, I’d indict to let it go to trial – just as if I were on the jury of the trial, I’d acquit barring more evidence) – anyway, the moral is – don’t run a racist police department.

Such civil disturbance is the natural countermeasure to tyranny.

I consider such civil disturbance to be a really, really, REALLY bad thing. I think anyone rational does. That means we have a responsibility to make sure that Law Enforcement is not so manifestly, systemically unjust that regardless of the facts in an individual case, riots are inevitable.

What should be is that there’s a justice system that, even though imperfect, is not so horrible that rational people become irrational and desperate. While there will always be some who are “professional rioters”, without a groundswell of popular sentiment behind them, they’re a small bunch of crims easily dealt with.”

After I carefully picked my jaw off the floor, I wrote this, the Comment of the Day, in response… Continue reading →

Comment of the Day: On Cosby, Clinton, And An Ethics Dunce Convention In Melbourne, Florida

/ Jack Marshall / 8 Comments
Why can't a serial rapist be funny and cute?

Why can’t a serial rapist be funny and cute?

Frequent commenter aaronpaschal weighed in with this rich post on the Bill Cosby matter. I will hold my response to the end, because there is much to consider here, and much I disagree with. However, aaron has articulated well the thoughts many are having about the Cos, and I am grateful for the exposition. Here is his Comment of the Day regarding the post, On Cosby, Clinton, And An Ethics Dunce Convention In Melbourne, Florida.

I don’t know if I fully believe the allegations. I don’t know if the girls and women involved should bear some responsibility for choosing to become impaired. I don’t know if Cosby’s career will long survive this uproar – Netflix is dropping all of Cosby’s works in response, and that’ll cost someone a pretty penny.

But I do know that I don’t feel completely at ease with the notion that he faces ruin. That there is no evidence, no words, nothing he could present in his own defense. No courtroom, no trial, no lawyers. That the man who allegedly committed these acts did so a lifetime ago. I’ll admit that the women who have come out don’t have much tangibly to gain – but I also know all too well that revenge, hatred, defending existent lies, even merely time in the spotlight can be powerful motivators for some people (bearing in mind that pursuing justice, speaking the truth, and protecting the innocent are well – it could be any of them, all of them, or more.) There must, however, be SOME motive somewhere, or they would not be stepping forward – if there was truly nothing to gain.

But I do know that his works have always made me laugh, and I will appreciate them for years to come. I know I’ve heard wisdom from him, and these crimes don’t change the wisdom, either. I might not choose to leave my daughter alone with him. And I know that the court of public opinion makes very few wise choices, it is a terrible thing to be tried by it, guilty or innocent, and true justice is rarely found there.

Continue reading →