Education

The Constitution, Law, Rationalizations And Ethics—One Of These Things Is Not Like The Other, I: The University Of Houston Steals A Photo

/ Jack Marshall / 15 Comments

Two recent cases illustrate how law and even Constitutional law can be perverted toward indefensible ends if compliance is the only objective, and ethics are left out of the equation. The first case comes to us from Texas, University. of Houston System .v.Jim Olive Photography.

Houston photographer Jim Olive  discovered during an online check of his copyrighted works that the  University of Houston had appropriated one of his photographs and was using it extensively in its  web and print promotional materials. It was an overhead, aerial image of the City of Houston at dusk in 2005 that Olive went to great expense and effort  to produce.  He rented a helicopter, hired a pilot, and utilizing special photography equipment, suspended himself from the helicopter with a harness.

The university admired it, and found the shot ideal for its purposes, so it  downloaded the photo from Olive’s stock library, removed the copyright markings, and did not credit him when they used it. Olive sent the school a take-down letter and a bill, and the university refused to pay. Then he sued, but the university responded  that it has sovereign immunity, and can’t be sued, because he isn’t a citizen of Texas. The Eleventh Amendment reads in part,

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

The photographer had no right to sue under the U.S. Constitution unless the school waived its sovereign immunity or the act of using the photograph constituted a “taking” of property, the University’s lawyers  argued. When the trial court sided with Olive, the University appealed.

The Court of Appeals has ruled against Olive, declaring  that the school’s actions wasn’t a “taking.” Not only can’t Oliver sue to be paid for the use of his photograph,  he will have to pay the university’s legal costs.

“It just doesn’t seem fair to me,” says Olive.  I’d say his instinct is accurate, but this is the law: fairness is beside the point. To make the ruling even more disturbing from an ethics perspective, the University has a page on its site directing readers to  report copyright infringements – and also to request permission to use UH intellectual property, like the photograph it stole from Jim Olive,

Nice. Continue reading →

Morning Ethics Warm-Up, 6/17/19: Abusers, British Morons, O.J., And A Commie

/ Jack Marshall / 39 Comments

Good morning.

1. Update! The teachers and the principal responsible for the cruel “award” for the autistic boy (discussed here) are in the process of being fired.

Good.

2. This is what happens when a country doesn’t have a First Amendment…A law goes into effect in Great Britain making it illegal  for advertisements to include “gender stereotypes which are likely to cause harm or serious or widespread offense.” Complaints will be assessed by the Advertising Standards Authority. British broadcasters are bound by the terms of their licenses to comply with its rulings.

The aim, we are told,  is not to ban all gender stereotypes, just the harmful ones, because, said a spokesman,  “put simply, we found that some portrayals in ads can, over time, play a part in limiting people’s potential.”

Right.

Observations:

  • This also shows why progressives in the U.S. see the First Amendment as an impediment to their objectives.
  • Writes Jazz Shaw,

These guidelines don’t provide much to go on. They make reference to images that might suggest women do most of the housework and men being clueless about similar tasks. So I guess you’re no longer allowed to hire a female actress for any advertisements involving vacuuming, filling the dishwasher or operating the washing machine? This should indeed provide new employment opportunities for male actors, but somehow I don’t think that’s what they were going for here. Besides, won’t you just raise a new generation of kids who grow up thinking only men do chores around the house?

Oh, the unintended consequences of controlling what ideas and norms the pop culture can put into people’s heads are marvelous to behold.

  • The best part, you see, is that “authorities” get to decide which portrayals of stereotypes are “harmful.” In the U.S., such a law would be void for vagueness.

I like to keep these kinds of stories within reach when someone arguing for nationalized health care or a death penalty ban uses the “the U.S. is the only first world country that…” tactic. Yes, the U.S. is different.

3. Signature significance for a sociopath. Alternate title: “One more reason to stay away from Twitter.” O.J. Simpson has joined Twitter, saying in a video link,

“Hey Twitter world, this is yours truly. Coming soon to Twitter you’ll get to read all my thoughts and opinions on just about everything. Now, there’s a lot of fake O.J. accounts out there, so this one @TheRealOJ32, is the only official one. So, it should be a lot of fun — I’ve got a little getting even to do.”

And you know what O’J’ does when he decides to get even…

This is signature significance. A normal person in O.J.’s circumstances just doesn’t act like this. Then again, no normal person murders his ex-wife and her boyfriend with a hunting knife.

I don’t understand how O.J. can be active on Twitter and still hunt down the real killer, though…

4. Unethical Quote Of The Month That Doesn’t Deserve The Prominence Of A Stand-Alone Post: Newly Elected Denver City Council member Candi CdeBaca.

“I don’t believe our current economic system actually works. Um, capitalism by design is extractive and in order to generate profit in a capitalist system, something has to be exploited, that’s land, labor or resources. And I think that we’re in late phase capitalism and we know it doesn’t work and we have to move into something new, and I believe in community ownership of land, labor, resources and distribution of those resources. And whatever that morphs into is I think what will serve community the best and I’m excited to usher it in by any means necessary.”

“By any means necessary.”

Yes, she’s a communist. Imagine: Nearly all the communist nations ended up with their economies in ruins, with the larger ones  engaging in murder and political oppression on an epic scale, and this woman proclaims that system superior to capitalism while calling the failed ideology “new.” What kind of American votes for someone like this?

 

 

Saturday Ethics Pick-Me–Up, 6/15/2019: The “Oh, Fine, It’s Afternoon Already And I’m Barely Awake” Edition

/ Jack Marshall / 32 Comments

Bvuh.

Travel hangover today: I’ll do the best I can…

1. Thank you, loyal commenters, for a yeoman job in yesterday’s Open Forum.

2. Confederate Statuary Ethics Train Wreck update. Now the historical airbrushers (all from Progressiveland, just in case you couldn’t guess) are going after Civil War recreations and commemorative events. The head of the Lake County Forest Preserve in Illinois declared that there would be no more annual Civil War Days event after next  month’s edition, if he gets his way. He doesn’t think Confederate flags should ever be displayed, even in battle recreations. Besides, he wants the event to be retooled so that instead of commemorating the single most important period and struggle in U.S. history, it advances an understanding of climate change.

(Who are these people? How did they get this way? What do we do about them so the cultural damage they inflict is contained?)

The home-grown historical censor also said,

“This has nothing we want, nor should celebrate, nor re-enact. When southern states are being made to tear down every statute representing this racist, murdering chapter of our history, I can’t believe here in Lake County our own forest preserve is preserving and celebrating it every year, and with our tax dollars.”

This deliberately brain-dead approach to U.S. history is working (aided greatly by the atrocious neglect of American history in our schools), and by working I mean promoting ignorance so citizens can be more easily misled. The Wall Street Journal reported that visits to Civil War national battlefields are falling off. Over 10 million Americans visited  Gettysburg, Antietam, Shiloh, Chickamauga/Chattanooga, and Vicksburg  in 1970. They only had 3.1 million visitors last year.

That’s about as many tourists as visited the “Cheers” bar in Boston.

3. Oberlin race-baiting update: in case you missed it, the jury in the Gibson’s Bakery case  hit the college with the maximum punitive damages, capped by law at 22 million dollars.  Continue reading →

Ethics Hero Or Ethics Dunce? The Rogue Valedictorian

/ Jack Marshall / 36 Comments

I couldn’t find an appropriate graphic for this story, so I decided to post this, my favorite photo of anything, ever.

[My mind is made up about this one, but because my brain is fried after my just completed Rhode trip, I’m willing to be dissuaded.]

Nataly Nolastnamebecauseapparentlyshesoldenoughtobeapublicjerk-Buttooyoungtoaccepttheconsequencesofheractions (I wonder what nationality that is?) was the valedictorian  at the San Ysidro High School  graduation ceremonies. All was going well with the young woman’s speech, which, according to the communications director for the Sweet Union High School District, had been duly approved by the San Ysidro school administration, when her oratory suddenly took a dark and unexpected turn.  After expressing gratitude to her friends, family and some teachers at the school, she began using her moment on stage to throw metaphorical bombs and settle scores.

“To my counselor, thank you for letting me fend for myself,” she said. “You were always unavailable to my parents and I, despite appointments….You expressed to me your joy in having one of your students be valedictorian when you had absolutely no role in my achievements.”

Ms. Nolastnamebecauseapparentlyshesoldenoughtobeapublicjerk-Buttooyoungtoaccepttheconsequencesofheractions moved on to attacking the administration staff, for “teaching me how to be resourceful” because, she claimed,  they failed to inform her of scholarships in a timely manner. Then she really got down to it, telling the audience about a San Ysidro teacher who , she said,“regularly” came to class up drunk.  Natalie thanked the teacher sarcastically for warning students about “the dangers of alcoholism.”

With a final coda—- “I hope that future students and staff learn from these examples”—she left the stage to the cheers of her fellow students.

Here is the Ethics Hero argument, which I expect some, especially some  current high school students, to make: Continue reading →

Morning Ethics Warm-Up, 6/12/2019: Sorry, An All “Bad Left” Post. Just The Way It Worked Out, I Swear….

/ Jack Marshall / 16 Comments

Good morning…

A good and long, LONG-time friend whom I forced to abuse his legs through years of bruising choreography comes home from knee replacement surgery today, and I’m feeling guilty. So I need to watch Gene, Donald and Debbie hoof it up, even if you don’t…

1.  This is New York Times punditry. Over the weekend, Bret Stephens, the Trump-loathing token conservative on the Times op-ed team, wrote of the Presient’s generally well-received remarks on D-Day that “he didn’t mean the words he mouthed.” How does Stephens know what the President does and doesn’t mean? It’s the biased news media Catch-22: If the President says something outrageous, they criticize him. If he says something admirable, he doesn’t really mean it.

2. Why is John Dean a witness in the Democrat’s faux-impeachment hearings?  He has no direct knowledge of anything that occurred in the Trump Administration. He’s a disbarred lawyer who has made his living accusing other Presidents—all Republicans—of impeachable offenses.

His appearance as the very first witness to testify signals that this is not a serious inquiry. Continue reading →

Comment Of The Day: “Ethics Hero: Robert F. Smith”

/ Jack Marshall / 8 Comments

So much has happened since I designated the African-American mogul an Ethics Hero for spontaneously  announcing that he would pay off an entire graduation class’s college debt that I almost forgot  about Leslie’s provocatively contrary Comment of the Day. Triggered by the backlash against Oprah Smith’s generosity provoked, Leslie launched a critical barrage against Smith, or what his gift symbolizes. She backed down a bit in a later comment on the thread, but her original post is thought-provoking.

In addition, Leslie gets special credit for the Mansa Musa reference. I would include the Mali ruler in the cultural literacy list except for the fact that our culture almost completely ignores major Islamic historical figures.

Here is her Comment of the Day on the post, Ethics Hero: Robert F. Smith:

Don’t belittle Oprah– she bought everybody KFC. Robert Smith isn’t even feeding anybody. Robert Smith isn’t even teaching anybody how to fish in order to feed themselves for a lifetime.

I’m sure he means well, but I don’t think that paying off somebody’s college loans is helping that person become independent and self-reliant. They’re getting out of the contracts they signed in order to finance their careers. Maybe they’ll remember that and pass the favor on and the world becomes a better place.

Or maybe the college education market will be thrown into MORE disarray with a flood of copycat donations the way it was thrown into disarray by government subsidies and the cost of education will go up AGAIN because students are not responsible for the cost of their education. When Mansa Musa passed through Cairo, he gave away so much gold that the economy collapsed and the next time he passed through, he had to buy it all back to restore the economy. If he wanted to do some good, he should have just helped some poor people. That’s the nice thing about poor people– giving your money to them is fairly harmless. Continue reading →

And Championing Racial Double Standards Can Be Expensive As Well As Wrong: Ask Oberlin

/ Jack Marshall / 16 Comments

Oberlin College deliberately set out to  destroy a local bakery for insisting that laws apply to black college students.  Now, in the case of Gibson’s Bakery v. Oberlin College, a jury has awarded 11 million dollars in damages to the bakery owners, and punitive damages might up the award to over 30 million.

Good. Very good. Spectacularly good.

Ethics Alarms first wrote about this awful story here. A precis:

On November 9, 2016—probably not coincidentally the day after Donald Trump was elected, throwing ultra-liberal schools like Oberlin into a ludicrously extended period of irrational fear and loathing—Jonathan Aladin, Endia Lawrence and Cecelia Whettstone were caught stealing bottles of wine from Gibson’s Bakery, a small family-owned establishment with a contract with Oberlin . As they have been duly trained by our culture, the students played the race card, initially claiming the shop had racially profiled them, and that their only misdeed was presenting  fake IDs. When that wasn’t working, the three admitted their guilt and also signed statements that the store was innocent of any race-related bias. It also appears that the students punched and kicked the shopkeeper. … (Here is the police incident report.) 

The day after the arrests, hundreds of students protested outside the bakery, and Oberlin’s student senate published a resolution saying Gibson’s had “a history of racial profiling and discriminatory treatment.” The Oberlin police conducted an investigation into the arrests and found “a complete lack of evidence of racism.” Over a five-year period, the bakery had pursued charges against 40 shoplifters, and only six were African-American.

…The owner met with then-Oberlin President Marvin Krislov and Tita Reed, assistant to the president, and they  pressured him to drop criminal charges against the three students and any future student-thieves who were first time offenders. When he did not agree, the complaint alleges, the school made good on its threat and dropped its decade’s long contract with the bakery. …  Meredith Raimondo, vice president and dean of students, joined students and members of the school faculty in campus demonstrations against the bakery, distributing a flyer that accused Gibson’s Bakery of being a “RACIST establishment with a LONG ACCOUNT of RACIAL PROFILING and DISCRIMINATION.”  A boycott of the business was organized, and according to the complaint, facilitated by the school. College tour guides reportedly informed prospective students that Gibson’s is racist. …

The Ethics Alarms post listed the probable factors at work: Continue reading →

Morning Ethics Warm-Up, 6/7/2019: The Duke’s Revenge, Biden’s Integrity, The VA’s Incompetence, And A Teacher’s Cruelty [UPDATED]

/ Jack Marshall / 45 Comments

Good Morning!

Last night we managed to watch both “The Longest Day” and “Saving Private Ryan,” which especially amused me as I recalled the places my father shouted at the screen. Especially after “The Longest Day,” the complete absence of any sense of what the D-Day invasion was about or why we were fighting at all is particularly irritating, but then that’s Spielberg all over.

I also recalled the story about John Wayne’s participation in “The Longest Day.” (The Duke is really good in it, though if there is a star of “The Longest Day”, it is Robert Mitchum as  Brigadier General Norman Cota, Assistant Commander, 29th Infantry Division, the man who was also a primary hero of D-Day itself. )

You who else is surprisingly good? Paul Anka, in his small role. He was only in the movie because he wrote the title song, but the singer shows a genuine talent for projecting his character on screen.

[Correction note: I originally wrote, “As far as I can determine, it was Anka’s only film appearance.” Wrong, Ethics Breath!  Reader VinnyMick points out that Anka has several other, less successful, screen appearances. I regret the error.]

This was a passionate,  emotion-and-patriotism- driven project by Darryl F. Zanuck, and he was betting everything on its success: the studio, his personal finances, his love life (Zanuck’s girlfriend at the time had the only female role in the movie), everything.  The producer realized that he had to have Wayne in the film for credibility, as the Duke had been  the Hollywood face of the American fighting man in World War II.  Wayne knew it too, but was angry with Zanuck, who had mocked Wayne’s equivalent project of the heart, “The Alamo.”

He refused to do the film for scale (then $25,000) like the many other Hollywood stars in the film, and insisted on receiving $250,000 as an expensive crow-eating exercise for Zanuck. (That was what Henry Fonda, Robert Mitchum, Rod Steiger, Red Buttons, Richard Burton, Peter Lawford, Eddie Albert,  Jeffrey Hunter, Robert Wagner and Robert Ryan received combined. ) Even though the producer had Charlton Heston lined up to play Wayne’s role if no deal could be struck, he agreed to the punitive fee, as well as giving Wayne special billing in the credits, an out-of-alphabetical order “and John Wayne” at the end.

Yes, that was revenge…but Zanuck didn’t have to agree to it. The lesson is worth remembering: don’t spite anyone gratuitously, or make an enemy casually. You never know when you might need them.

1. Biden flip-flops, but at least he flipped in an ethical  direction. Joe Biden is not modelling a lot of integrity as he desperately tries to appease the radical Left in his party so they might hold their noses and vote for an old, sexual harassing white guy to run against President Trump. His latest reversal was to repudiate the Hyde Amendment, which he had once supported and indeed voted for in the Senate. That’s the law that forbids any taxpayer funds from being spent to fund abortions.

The Hyde Amendment never made any sense. If abortion is a right, and it has been one for decades, then government support for access to that right ought to be no less a requirement than with any other right. The Hyde amendment stands for the proposition that if enough Americans don’t agree with government policy, they should be able to withhold financial support of it. That, of course, wouldn’t work as a universal principle, so the Hyde Amendment is an ethical and legal anomaly. I doubt Joe’s flip-flop is one of principle rather than expediency, but it’s still the right position to have.

2. Nevertheless, Joe’s not going to make it. The New York Times—it wants someone else to get the nomination, so it is reporting negative things about Biden that it might bury with another candidate—revealed once again that Biden repeatedly lied about participating in 1960s civil rights marches,  despite being warned by aides not to do it. Such straight-out falsehoods are debilitating for a candidate who will be claiming to be the champion  to elevate the Presidency beyond the incessant petty lies of Donald Trump; this was one reason Hillary Clinton was unable to exploit candidate Trump’s mendacity. She’s a habitual liar too.

So is Joe. It happens when you will say anything to get elected. Continue reading →

KABOOM! YouTube Pulls “The Triumph Of The Will”—Hate Speech, You Know. Can’t Have That!

/ Jack Marshall / 38 Comments

I would have included a clip of “Triumph of the Will” here, but apparently such a film never existed…

Well, I can’t complain too much; it’s been a while since a news story propelled my brains through my skull to the ceiling. However, the trigger this time demonstrates that several developments are even worse than I thought—or believed they would get—such as…

  • The Left’s embrace of historical airbrushing and censorship as part of its strategy of controlling thought and knowledge.
  • Social media’s meat-axe approach to policing online content.
  • The perilous state of the First Amendment as both the Left and its allied media seek to control art as well as speech.

YouTube released new policies regarding “hate speech” yesterday  to “reduce more hateful and supremacist content from YouTube.”  Since the new policies almost immediately resulted in the removal of Leni Riefenstahl’s 1935 Nazi propaganda epic “Triumph of the Will,”    I can confidently conclude the the policies are far too broad, and also that those executing them have the perspective of the average person who has grown up in a cave, and the judgment of the PTA scold who wants to ban “Huckleberry Finn.” Continue reading →

D-Day 75th Anniversary Ethics Warm-Up, June 6, 2019: Stumbling As We Try To Keep America Worthy Of Their Sacrifice [UPDATED!]

/ Jack Marshall / 42 Comments

U.S. WWII veterans from the United States attend a ceremony at Normandy American Cemetery and Memorial situated above Omaha Beach to commemorate the 75th anniversary of the D-Day, in Colleville-sur-Mer, France.

I have a special reason for being a devotee of D-Day: I may be here because my father missed it. He was supposed to be in the invasion, but as an observer, not a combatant. Dad never explained how he got that plum assignment, but before he had the honor, an idiot in his company blew part of my father’s foot apart while playing with a hand grenade nearby. (You’ll be happy to hear that said idiot advanced human evolution by blowing himself up in the process.) Thus Jack Sr. was in an army hospital on June 6, and had to wait for the Battle of the Bulge to be part of an iconic W.W. II conflict.

1. Somehow, I don’t think this is the society they thought they were fighting for…

At Rutherford High School in Bay County, Florida, a teacher  wrote “WTF” on a student’s science homework. His mother complained, calling the vulgar acronym “inappropriate.”

Boy, what a prude.

I just saw another of the increasingly common TV ads where evoking a vulgar word is used for humorous value.  One of the cell phone networks includes an exclamation of “Holy shirt!” (Get it? HAR!) when a father’s gray attire suddenly explodes into color as soon as the family upgrades its network.  “What the Shirt” is also a trendy shirt company.

In a culture where casual public vulgarity is treated as normal and even clever, it is no surprise that alleged professionals often have no functioning ethics alarms regarding their language, or any sense of respect, etiquette, gentility or decorum. After all, when a newly elected Congresswoman thinks it’s appropriate to shout “We’re going to impeach the motherfucker!” and suffers no adverse consequences, what do we expect?

2. Somehow, I don’t think this is the society they thought they were fighting for…wait, didn’t I just write that?

Sueretta Emke complained that she was dining with her family at a Golden Corral in Erie, Pennsylvania, when the manager told her that her attire was inappropriate and that some customers had complained. Asked Emke said the manager couldn’t answer when she was asked what was so inappropriate about her outfit. It was a mystery!

For some reason the phrase “res ipsa loquitur” keeps coming to mind.

Call me crazy, but I doubt that if  Ms. Emke’s croptop and Daisy Dukes had fit her more like this…

…anyone would have complained, or even if someone had, that the manager would have ejected her.  She was being fat-shamed. On the other hand, even at a Golden Corral, diners should have enough respect for others to adopt at least minimum standards of appropriate attire. On the OTHER hand—Did you know that Edward Albee wrote a play called “The Man With Three Arms? It was not a success—unless restaurants have stated, publicized and displayed  dress codes, it is unfair to arbitrarily discriminate against the unattractive exhibitionist and slobs while allowing the attractive ones to dine unmolested. Continue reading →