Government & Politics

Observations On “The Circle” (2017)

/ Jack Marshall / 16 Comments

The best thing about “The Circle,” the dystopian social media-on-steroids drama starring Emma Watson and Tom Hanks, is that you now can watch it as part of a double feature with Netflix’s new “The Social Dilemma,” and consider how much of the movie is coming horribly true. Without offering too many spoilers, the film is the story of a young woman (Watson) who believes she has found her dream job working for an Amazon/Facebook-like Big Tech company run by creepily a slick and charismatic Tom Hanks. He is the prophet of over-sharing, developing and peddling products that will feed every aspect of everyone’s life into Big Data-storing and manipulating computers and banish privacy forever, all for the Greater Good, of course. The young woman, Mae, is quickly corrupted, and soon a force within “The Circle,” as Tom’s creation calls itself, to expand and use the company’s power to facilitate universal, indeed mandatory voting, for example. Law enforcement! Social control!

Mae’s epiphany is that secrets are bad, the equivalent of lies. She decides to become the first person to share every waking moment—except three minutes to use the toilet—with Hanks’ ubiquitous social network.

The movie, which is basically a long “Dark Mirror” episode, was panned by critics for its predictability, lack of originality and unambiguous ethical issues. They were right. (The movie was a box office success anyway, because apparently fans of Harry Potter will watch anything with Emma Watson in it. Watson has even less screen presence as an adult actress than fellow ex-child star Natalie Portman, something I wouldn’t have believed possible.) Continue reading →

Morning Ethics Warm-Up, 9/16/2020: For Some Unexplained Reason, Police Officers Are Feeling Unappreciated

/ Jack Marshall / 51 Comments

1. Even humor sites have to do better than this...FARK is an amusing news aggregator that headlines links to interesting stories from around the web with facetious comments, puns and snark, most of the time avoiding gratuitous political slant, This headline, however, was an outright deception:  Sure the police might have some bad apples, but a review of 2,400 cases only found misconduct 54% of the time.

If you read the story, you will find that those were not just cases, but cases in which innocent people had been convicted of crimes. A study showing 54% of all cases showing police misconduct would be a damning result, but if someone is wrongly convicted of a crime, there is likely to be misconduct somewhere in the process. For those cases, 54% strikes me as low. Moreover, while the headline implies that all of the misconduct found in the study was attributable to police, that’s not true either. The study found that in  the cases studied, 54% showed misconduct by police or prosecutors.

FARK’s headline was just gratuitous and unjust police-bashing. Not funny.

2. For the record…it’s 5:58 am, and I’m still furious over the cretinous response from the Boston sportswriter I discussed in item #4 of last night’s late warm-up. Continue reading →

A Really Late Morning Ethics Warm-Up, 9/15/2020, In Which I Have A Revealing Exchange With A Woke Sports Journalist

/ Jack Marshall / 25 Comments

How the day got hopelessly loused up:

  • At 8:30 am, I took my car to the dealer for a 5000 mile servicing. I had asked if I could get a loaner, and was told I could. But I’d have my car back in an hour, I was told, so I passed.
  • Then I found all the doors at the place locked until 9 am. I decided to walk several blocks to get a fast breakfast, but Popeye’s doesn’t have breakfast, and MacDonald’s doesn’t allow you to use the tables. This was a huge McDonald’s: 20 people could eat there and not be closer than ten feet. But Virginia, in the throes of Blue Madness, is catering to hysterics. I ate my sausage biscuit and hash browns and drank my coffee sitting on a curb, like a vagrant.
  • When I returned, I could get into the showroom to sit, but my glasses kept fogging up with the %$#@%!! mask, so I kept going in and out.  My car wasn’t ready at 9:30. It wasn’t ready at 10, or 10:30. They had me, as Beldar Conehead memorably said, “by the base of my snarglies.”
  • I also couldn’t complain, because they had assigned the servicing to my son, who works there.
  • I got home at 11:46 am, the morning effectively shot to hell.

1. The fascinating memorial to Dwight D. Eisenhower will be dedicated this week:

Ike was one of my father’s heroes, and the first President I can remember. On a popular Boston kids’ show called “The Big Brother Show,” the host, Bob Emory, would call upon us to get a glass of milk and toast a photo of President Eisenhower as “Hail to the Chief” played. Because, you know, you were supposed to respect the Office of the President.  The New York Times couldn’t even write about a memorial to a Fifties era POTUS without making veiled insults to President Trump:

He was a leader who sought to work across lines toward a common purpose, driven by duty and pragmatism rather than ideology and divisiveness. He steered his Republican Party away from isolationism toward a bipartisan internationalism that prevailed until recent years. He sent troops into the South not to crack down on demonstrations for racial justice but to enforce the desegregation of schools. He ended the Korean War and balanced the budget, presiding over nearly eight years of peace and prosperity. And he pushed through an infrastructure bill that built the interstate highway system.

He also presided over a remarkably homogeneous society, was opposed by a Democratic Party with many selfless statesmen that was barely distinguishable from the GOP (Ike could have been the nominee of either party), and he still was covered by a news media that mostly held to traditional journalism standards.

Ike would have been called a racist and a fascist in 2020. Continue reading →

On The Bright Side, At Least This Esteemed Journalism Professor Doesn’t Deny Bias…

/ Jack Marshall / 17 Comments

This is three years old—the numbers are much worse for journalists now. And rightly so…

He celebrates it!

Stanford Communications Professor Emeritus Ted Glasser, in an interview with The Stanford Daily, asserts that objectivity is an impediment to good journalism. The profession, he said, must “free itself from this notion of objectivity to develop a sense of social justice.”  Instead, of objective reporters of events and facts to be then used by the publlic to make their own decisions and come to their own opinions. Glasser sees “journalists as activists because journalism at its best — and indeed history at its best — is all about morality…Journalists need to be overt and candid advocates for social justice, and it’s hard to do that under the constraints of objectivity.”

Yes, a veteran journalism professor actually believes that, openly admits it, and presumably has been teaching that to journalism students all these years.

It would strain credulity and chance to think he was alone in this approach, especially the way our current journalistic establishment behaves. Bolstering my confidence that Glasser is not an anomaly was Wesley Lowery,  an African-American journalist who has been a reporter with the LA Times, CBS News, and currently CNN (what a surprise!).   In a tweet, Lowery declared “American view-from-nowhere, “objectivity”-obsessed, both-sides journalism is a failed experiment…The old way must go. We need to rebuild our industry as one that operates from a place of moral clarity.”

Let me be clear. Since objectivity and the absence of bias are the very foundation of journalism ethics, the positions of Glasser and Lowery (and, I would guess, the majority of American journalists who may not be as candid, self-righteous and arrogant as them) would remove journalism from the ranks of professions, which all have defining ethical mandates designed to make them trustworthy. For a journalist, or worse, a journalism professor, to hold that it should be the objective of journalists to decide what to report and how to report it according to their own ideological objectives based on their personal interpretation of “morality” is a rejection of journalism and an endorsement of  the role of propagandist, which is the antithesis of ethical journalism. Continue reading →

Shocked—-Shocked!—That There Would Be Violent Protests Over An Unambiguously Justified Police Shooting

/ Jack Marshall / 44 Comments

Okay, I confess. I’m not shocked.

I’m not even surprised.

It has been obvious for years that a critical mass of protesters/demonstrators/rioters who have repeatedly  inflicted their outrage on communities across the country are not doing so because of any reasonable and responsible desire to obtain police reform or address legitimate racial injustice issues. Responsible protests are based on facts, and the majority of the Black Lives Matter-triggered protests, inevitably endorsed by the Democratic Party, have neither waited for the facts to be determined nor cared what they were once they were determined. The objective is to create division, intensify racial hate, intimidate the community to promote concessions and capitulation, to gain power for extreme left and other activist groups, and to do harm.

Last month,rumors that Chicago police had killed an unarmed 15-year-old boy was all that was necessary to cause the mobs to hit the streets, although, according to ABC News, police had justifiably shot an armed adult male who allegedly opened fire on them. But Facts Don’t Matter: 13 police officers injured and neighborhood were trashed.  Also in August, false reports that law enforcement had killed an unarmed man resulted more rioting and looting. Just 90 minutes after the incident, they released a video and statement showing that an armed murder suspect committed suicide when police approached him. Never mind! Any death of a “person of color” with police in the midst of trying to do their dangerous and difficult jobs is provocation enough for violence, slogans, and chaos.

It was considerate of the unusual suspects—Look! Another Casablanca reference! —to eliminate all doubt by rioting over the shooting of madman who rushed a polite officer with a huge knife:

Would you have shot that guy? Oh, why didn’t the brutal police officer wing him? Hey, he didn’t even have a gun! That’s not fair!

That incident was sufficient provocation to sent 100 “peaceful protesters” into the streets of Lancaster, Pennsylvania last night. They vandalized the police station, broke windows, threw bricks, damaged private businesses and looted. They damaged a post office, because post offices are always shooting people of color. “Death to cops” was spray-painted on one building, See? The victim was only attempting to carry out the will of the woke. He was a martyr!

The objective of these protests/demonstrations/riots is to make it impossible for police to function, to intimidate them so that they allow dangerous people to break laws and evade arrest with impunity, and to surrender society to chaos.

The man who charged the officer with a knife was alreday facing trial for stabbing four people in 2019; he wasn’t kidding. Naturally, his family, including his sister who called the police, told the news media that he was a pussycat. This was all the fault of “the system.” “He had an episode. He was just incoherent and acting out,”  she said. “I called to find out what the procedure was to get him some help.”

You know, acting out!

By trying to stab people! Continue reading →

Monday Ethics Madness, 9/14/2020: Accusations, Crimes And Punishment

/ Jack Marshall / 23 Comments

On this day, September 14, in 1814, Francis Scott Key was inspired to write the poem that was eventually set to music and, by act of Congress in 1931, became America’s official National Anthem, “The Star-Spangled Banner.” The poem, originally titled “The Defence of Fort M’Henry,” was written after Key witnessed the Maryland fort standing up to furious bombardment by the British during the War of 1812. A lone, tattered  U.S. flag was still flying over Fort McHenry at daybreak, giving rise to the anthem’s most bracing line, “And the rocket’s red glare, the bombs bursting in air, Gave proof through the night that our flag was still there.”

I’ve listened to the Anthem being attacked more or less my whole life—it’s bellicose, it’s too hard to sing, it’s set to the music of a drinking song, it was written by a slave-holder. What matters is that the Anthem, unlike so many others nations’ anthems, has a authentic historical origin linked to an existtential  crisis in our history, and that it eloquently represents the American character and its dedication to hope, perseverance, and resilience. The Star Spangled Banner may be hard to sing, but when a crowd sings it with  passion, or when a singer knocks it out of the park like the late, great Whitney Houston, only France’s Marseillaise can equal it for sheer chills.

The current assault on the Anthem, and the use of it for cheap political theatrics by refusing to stand and convey proper respect for what it represents, is an attack on American history, values and culture. Nothing less.

1. It’s called “paying one’s debt to society.” I have no intense objection to allowing convicted felons to vote once they have served their sentences. I also have no intense objection to banning convicted felons from voting for life. In 2018, Florida’s voters decided to end the disenfranchisement of those convicted of felonies, except for murder and sexual offenses. Then the battle became whether convicted felons should be required to pay all the fines related to their crimes before they became eligible to vote again.

Well, of course. Isn’t that intrinsically obvious? You can vote when you have paid society’s requirements as a punishment for the felony: whether that is time in prison, or time on probation, or a cash fine, it’s all part of the “debt to society.” Pay that debt, and then you can vote.

But Democrats are expert in representing legitimate requirements and safeguards for voting as sinister voting suppression schemes, so in May  a Florida court ruled that requiring convicted felons, many of whom are indigent, to pay court-ordered fines before they could regain the vote was unlawful discrimination, by imposing an unconstitutional “pay-to-vote system.”

What an astoundingly deceitful and dishonest argument! Is requiring people to pay for their groceries a vicious “pay not to starve to death” system? The fines have nothing to do with voting. The fines have to do with completing the punishment for the felonies. Calling the fines the equivalent of a poll tax is clever but deliberately misleading, yet a court bought it. Fortunately, the U.S. Court of Appeals for the 11th Circuit in Atlanta overturned that decision, and ruled that the 2019 Florida law requiring ex-felons to pay their fines before being re-enfranchised was indeed constitutional.

And it is. Continue reading →

One More Time: Yes, President Trump Is Qualified To Be President, And The Electorate Decides Who Is FIT To Be President

/ Jack Marshall / 26 Comments

“OH NO! TAKE IT AWAY! IT’S EVIL!!! EVIL!!!

Ann Althouse does a nice fisking job with a New York Times column by Gail Collins called “Let’s Fret the Night Together/The Biden campaign and the world it’s playing out in are making us all nervous wrecks.”

I saw it in my print Times, and wasn’t going to waste time with it: it’s another smug media bubble scream about how horrible the President is (just like they decided before he was sworn in) and how essential it is to elect a sexual harassing dementia case to replace him and restore honor to the office. Isn’t it amazing how so many people keep saying this as if it isn’t completely hypocritical and actually makes sense? That’s what hate and bias does to you.

A genuine friend on Facebook recently went on a rant about how “unfit”President Trump is. I’m also amazed that people keep saying this as if the fact that the people who didn’t vote for him think he’s unfit should matter at all. So vote against him in November then! The victory of a candidate you thought was “unfit” means you lost the argument, and you don’t get a chance to deal with that supposed lack of fitness until the next election. Democrats never accepted that, despite the fact that it is the way our system has always worked. They, like my friend, convinced themselves that they have a unique right, indeed a mission, to remove an elected President before an election, or, failing that, to make it impossible to govern, because their assessment of what constitutes fitness is the unquestionable right one.

Assholes. This is the beating, rotten heart of the totalitarian impulse that has divided the nation and now threatens our strength as a nation and liberty as a people.I am sick of hearing, reading about and watching it, but it is important to realize what it is. My friend is too marinated in a biased and emotional peer group to see the phenomenon for what it is. Continue reading →

Sunday Ethics Reflections, 9/13/2020: “Hold On To Your Butts!”

/ Jack Marshall / 53 Comments

1. Our aspiring leaders:

  • A 31-year-old female deputy and 24-year-old male deputy were shot while sitting in their patrol car at a Metro rail station in Compton, California. Protesters gathered outside the emergency room at the hospital where they were treated. The sheriff’s department found it necessary to tweet:  “To the protesters blocking the entrance & exit of the HOSPITAL EMERGENCY ROOM yelling “We hope they die” referring to 2 LA Sheriff’s ambushed today in #Compton: DO NOT BLOCK EMERGENCY ENTRIES & EXITS TO THE HOSPITAL,. People’s lives are at stake when ambulances can’t get through.” President Trump tweeted in response to the shooting:

Incredible: flat learning curve. After all the uproar about calling people “animals.” And if the shooters are minorities…The only one who can lose this election for President Trump is President Trump.

  • The Times of Israel reports, based on a recording of a virtual fundraiser, that Joe Biden said that the recent development of Arab states normalizing relations with Israel was “something positive” President Trump is doing “accidentally.”

Stay classy, Joe. To be fair, that has been the narrative of the Democratic Party/”resistance”/news media alliance for four years: if something goes wrong, it is the President’s fault; if something goes right, it’s either wrong anyway because Trump is responsible, or it’s just luck or an accident.

2. And now, from the world of sports! Continue reading →

From The Ethics Alarms Res Ipsa Loquitur Files: A Lot Of People Are Not Taking Democracy Sufficiently Seriously In New Hampshire

/ Jack Marshall / 12 Comments

With a slogan like “Fuck the police!” how could she lose?

The ultimate example of the legal principle of res ipsa loquitur,  meaning that the existence of something alone is sufficient evidence to prove misconduct, comes from a classic case,which I have quoted here before, involved a  lawsuit against R.J. Reynolds. The suit was brought by a  customer who had chawed down on a  rotting, severed human toe while trying to enjoy a plug of chewing tobacco. He initially lost his case based on the theory of “let the buyer beware,” but won on appeal. On the subject of whether the plaintiff had to prove negligence, a wry appellate judge wrote (in 1918) that assuming ordinary care, it boggled the mind to…

“imagine human toes could not be left out of chewing tobacco, and if toes are found in chewing tobacco, it seems to us that somebody has been very careless.”

In today’s example of the same principle, I can imagine no reason why, with ordinary care, a trans, anarchist, Satanic candidate using the campaign slogan “Fuck the Police” should be the Republican candidate for sheriff in Cheshire County in New Hampshire. If a trans, anarchist, Satanic candidate using the campaign slogan “Fuck the Police” is the Republican candidate for sheriff in Cheshire County in New Hampshire, it seems to me that somebody has been very careless.

The story is here. Continue reading →

Saturday Ethics Warm-Up, 8/12/2020: Remembering Boston Busing; Deriding BLM Lawn Signs And The Smug Bias They Represent

/ Jack Marshall / 5 Comments

I remember this date, all right. I was scheduled to do a three hour CLE legal ethics seminar in Rhode Island on the 13th, and all the flights were cancelled. The bar association assumed I would cancel too, but I’m a “The show must go on” guy, and I said, “I’ll be there if I have to drive all night.” And I drove all night.

1. This date also had significance in the history of misguided utilitarian solutions to the problem of racial disparities. In his June 1974 ruling in Morgan v. Hennigan, U.S. District Judge Arthur Garrity held that Boston’s geographically segregated public schools created de facto school segregation that discriminated against black children. He ordered the busing of African American students to predominantly white schools and, punishing innocents for “the greater good,”  white students to black schools. Forced busing  began on September 12, and  was met with massive protests, particularly in South Boston, the city’s main Irish-Catholic neighborhood. Protests continued unabated for months, and many parents, white and black, kept their children at home. In October, the National Guard was mobilized to enforce the federal desegregation order.

The rest of the story: Boston’s draconian and unfair busing plan lasted for fourteen years, and (those who fail to learn from the mistakes of the past are doomed to repeat them) didn’t work. Racial divisions were exacerbated, parents pulled their children out of public schools, and many families moved to the suburbs. Continue reading →