Daily Life

Ethics Quote of the Month: Judge Vaughn Walker

/ Jack Marshall / 1 Comment

His opinion declaring the voter-approved ban on same-sex marriages in California unconstitutional is here.

The opinion really begins on page 110. Opponents of the opinion are calling it “judicial activism,” “overturning the will of the people,” and “ruling by fiat.” Don’t buy it. The judge logically, fairly and appropriately explains why withholding the basic right of marriage from same-sex couples is a violation of essential values and American principles of ethics and law. Forget about the pundits and the spin: read what Judge Walker wrote.

The Fake Fight, the Injured Officer, and the Forgotten Fable

/ Jack Marshall / 5 Comments

In the wake of a high-profile case in which a black teen was apparently beaten by an arresting police officer, an Indianapolis African-American minister decided that a simulation of an arrest situation might be revealing. James Harrington, a pastor at Mt. Vernon Missionary Baptist Church, asked Police Sgt. Matthew Grimes to speak at an anti-violence symposium, but he had a surprise for the officer. Harrington had arranged for actors to stage a fight in the crowd—a test, Harrington said later, of Grimes’ response to a fight between two black men. Grimes attempted to break up the faux fight, and seriously injured his back. Continue reading →

Charlie Rangel’s Defense and Buster Olney’s Fallacy

/ Jack Marshall / 1 Comment

Charlie Rangel’s defense against the ethics charges against him is, in part this: I’m not the only one, so it’s unfair to punish me.” From the Washington Post:

“He was not the only lawmaker to solicit donations in this manner, his lawyers argue, saying that peers who did the same thing were not punished. With a trial of Rangel by the House ethics committee possible by mid-September, his legal team reached across the Capitol to point a finger at Senate Minority Leader Mitch McConnell (R-Ky.), who helped raise money for a center named for him at the University of Louisville. Rangel’s team cited similarities with the recently deceased Sen. Robert C. Byrd (D-W.Va.) and with former Republican senators Trent Lott (Miss.) and Jesse Helms (N.C.).”

OK, a question: what’s the matter with that argument? Continue reading →

The Ground Zero Mosque and “The Niggardly Principles”

/ Jack Marshall / 20 Comments

Fine, reasonable, ethical commentators, not to mention Mayor Bloomberg, have argued that the moderate Muslim group seeking to build an Islamic center and mosque within a hand grenade’s throw of Ground Zero is blameless, persecuted, and as pure as the driven snow in its ethics.

They are ignoring the Second Niggardly Principle, which is understandable since I just formulated the Niggardly Principles One and Two today, after carefully reflecting upon what it could be about this matter that has led so many wise people astray.

Several years ago, a white Washington D.C. government worker, the Shirley Sherrod of his time, was fired for using the word “niggardly” in the work place, which was found to be racially insensitive to those whose vocabulary was so limited they didn’t know that the word had nothing to do with race. This incident embarrassed the D.C. government, which is used to being embarrassed, and inflamed pedants. Eventually the worker was reinstated, and the First Niggardly Principle was born, which is as follows: Continue reading →

Bottled Water Ethics

/ Jack Marshall / 1 Comment

The Nation, with some good links, makes the rather easy case that giving up bottled water is the most ethical course, not to mention the frugal and logical one.

The one exception where bottled water can be justified is for air travel, since one can’t bring bottled anything through security and the airlines are stingy with drinks. Even in that case, there is a more responsible alternative: bringing  empty water bottles and filling it from a water fountain after going through security.

If only I could remember to take the damn thing…

The Arizona Statute Injunction Ethics Verdict: Judge—Right; Arizona—Right; Federal Government—Unethical

/ Jack Marshall / 8 Comments

I was waiting at a long line in a local CVS, with no clerk in sight. It was late at night; a couple of my fellow customers actually shouted for assistance. We had been there with no service for more than ten minutes, and not a single employee was in evidence. Finally, I stepped out of line—past a police officer, who was also waiting, grabbed the microphone on the counter, turned it on, and announced in stentorian tones: “There is a long line at the check-out counter! Will a CVS employee please report to the front of the store? Thank you!”

The line of people applauded. The police officer smiled and gave me a thumbs up. The clerk, full of apologies, arrived and began taking our money.

Did I have a legal right to use the microphone? No, I did not. But I still did the right thing, and I would do it again.

This is, I believe, the proper way to think about the federal judge’s decision today to block the key provisions in the Arizona anti-illegal immigration law until further examination by the courts. Continue reading →

Ethics Quiz: The Garage Sale Treasure

/ Jack Marshall / 10 Comments

CNN is reporting the story of a man who bought two small boxes at a garage sale ten years ago and just discovered that they contained 65 previously undiscovered glass negatives by famed nature photographer Ansel Adams. He purchased the boxes for $45 (haggled down from $75), and their contents are now assessed to be worth at least $200 million.

Such stories raise interesting ethical questions. For example, if you were the lucky stiff who bought the boxes, would you give any part of it to the original owner? Continue reading →

Free Speech or Theft? The Law and Ethics of Stolen Valor

/ Jack Marshall / 5 Comments

The U.S. District Court in Colorado ruling in the case of  US v. Strandloff, has found the “Stolen Valor Act,” 18 U.S.C. § 704(b) & (d), to be an unconstitutional infringement of free speech.  Rick Strandloff represented himself as a wounded decorated Iraq War veteran in order to rally support for veterans and opposition to the war. The original Stolen Valor Act of 2005 criminalized the wearing of military medals an individual was never awarded; later, it was expanded to included the crime of falsely saying or writing that one has been given military honors for valor. The Act says, in part, that it is a crime to…

…falsely represent [oneself], verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item …

Deciding an issue like this inevitably comes down to both law and ethics. Not all speech is protected by the First Amendment, and deciding how many kinds of speech we can sensibly and reasonably prohibit requires a court and a culture to think about just how bad—how wrong–certain kinds of speech may be, based on their actual and potential harm. Continue reading →

Ethical Standards, Not Laws or Regulations, Must Enforce Broadcast Civility

/ Jack Marshall / 1 Comment

A federal appeals court just struck down controversial the Federal Communications Commission policy on indecency, ruling that regulations barring the use of “fleeting expletives” on radio and TV were too vague and could inhibit free speech….even if that free speech was smutty.

Good. Continue reading →