Government & Politics

No, The Trump Campaign Is Not “Stealing” Neil Young’s Songs

/ Jack Marshall / 12 Comments

Despite what you may have read, Neil Young is being a jerk.  This month, the singer sued the Trump campaign over its use of “Rockin’ in the Free World” and  “Devil’s Sidewalk,” both of which were played at a Trump  rally in  June. In his suit, the musician accused the campaign of copyright infringement for playing the tracks without a license, and asked for the campaign to be ordered to stop using them, as well as for statutory damages.

It’s a dishonest suit. The real reason for it is also in the complaint, in which he says Young “cannot allow his music to be used as a ‘theme song’ for a divisive, un-American campaign of ignorance and hate.”

Of course, it is the party Young’s sympathies presumably  lie with that have been inflicting hate and ignorance on the U.S., but never mind.

Young was on sounder legal and ethical ground in 2018, when he wrote that he had  no legal recourse to stop Trump from using his music, writing on his website, “Legally, he has the right to, however it goes against my wishes.”

Well too damn bad, Neil. You sold your right to have your wishes obeyed in such matters. You’re just virtue-signaling, and I hope the Trump Campaign counter-sues.

Campaigns purchase the same right to play songs that radio stations, shopping malls  or concert halls do by paying for blanket licensing deals with licensing companies like ASCAP and BMI. They act as agents of artists to sell the public performance rights for millions of songs on their behalf, including Neil Young, in exchange for a fee. Campaigns purchase special licenses , allowing them to use songs at venues around the country.  The licensing organizations’ consent decrees with the Justice Department preserve a fair marketplace by requiring them to offer their catalogs of songs to any “similarly situated” party that wants to use the music. Continue reading →

Discrimination Against Asian American Students Is Discrimination Against Asian American Students: Why Is This Even Debatable?

/ Jack Marshall / 17 Comments

The Trump administration has  fingered  Yale as discriminating against Asian-American and white applicants, just as an Asian-American student group had made the same claim in lawsuits against Harvard, the University of North Carolina at Chapel Hill, and a recently filed case against the University of Texas at Austin. A federal judge ruled in Harvard’s favor last year, but i do not believe the decision will stand up on appeal, since it is dishonest and illogical. The Trump Administration is supporting the plaintiffs as it should…as everyone should.

I wrote about the Harvard decision here.  As you would expect, the analysis differs not at all from the ethics verdict regarding Yale’s discrimination, which is similarly indefensible. Also as you might expect, the “it isn’t what it is” rationalization (#64!) is rampant while the usual suspects try to defend it now, when the Black Lives Matter mob is demanding discrimination in favor of African Americans in all things—hiring, promotions, ring, college admissions, arrests, prosecutions, casting, honors, running for Vice-President—as if that is anything but racism, flat-out.

The New York Times–of course–is and will be embarking on a course of trying to obscure the obvious right and wrongs of the situation, as well as engaging in some ethics  jujitsu to make out the Trump Administration and anyone who thinks that no discrimination on the basis of race means no discrimination on the basis of race  as racist villains.  In this article, for example, the Times attempts or enables several dishonest arguments to discredit what should be self-evident, including… Continue reading →

Saturday Ethics Warm-Up, 8/15/2020: Of Cancellations, Retractions, Rants, Lies And Signs

/ Jack Marshall / 20 Comments

Never mind the small talk; let’s get to it.

1. Hmmm…What’s going on here?  New York officials originally decided to cancel  “‘Tribute in Light,” the  twin beams that shine over lower Manhattan as part of the annual  9/11 commemoration. The National September 11 Memorial & Museum, which oversees the installation, said in a statement this week,”This incredibly difficult decision was reached in consultation with our partners after concluding the health risks during the pandemic were far too great for the large crew required to produce the annual ‘Tribute in Light.'”

The announcement caused widespread puzzlement. How large could the necessary crew have to be? Geraldo Rivera opined on Fox News that the decision was political, as Democrats sought to “make everybody miserable” so President Trump could be blamed. That theory was quickly picked up by others, along with complaints from New Yorkers that the popular memorial celebration was cancelled for no good reason.

Then, today, New York officials made a U-turn. “Honoring our 9/11 heroes is a cherished tradition. The twin towers of light signify hope, resiliency, promise and are a visual representation of #NewYorkTough,” Cuomo said. “The virus has taken so much and so many. But now the tribute will continue.”

2. Now THIS is Trump Derangement! When did it become considered acceptable and professional for news anchors and public events show hosts to behave like this?  MSNBC “Morning Joe” co-host Mika Brzezinski went on an extended, fanciful, hateful anti-Trump rant on yesterday’s broadcast. Here’s a transcript of a supercut video featuring the bulk of Mika’s meltdown: Continue reading →

HBO Max Adds A Disclaimer For Morons Onto “Blazing Saddles”

/ Jack Marshall / 5 Comments

You know: morons.

HBO Max thinks people are so stupid and shallow that they must have  “Blazing Saddles” explained to them, lest someone—one will do–think it’s intended to advance “systemic racism” rather than to ridicule it. I do not believe in hating people, but it takes every bit of principle and energy I can muster not to hate both the political correctness dictators who  believe in “trigger warnings,” and the hoards of dim bulbs and sheep-human hybrids who appreciate them. I’m still looking for the complete text of the introduction HBO Max has slapped on Mel Brooks’ masterpiece, but I know enough.

It is intoned  by University of Chicago professor of cinema studies and TCM host Jacqueline Stewart, who also delivered the disclaimer added to “Gone with the Wind.” I like Stewart, who is smart and knowledgeable, but I would have liked her better if she refused to participate in this insulting exercise.

“This movie is an overt and audacious spoof on classic Westerns,'” Stewart says. This, writes Kyle Smith in the New York Post, is to “set things up for anyone who might be clicking on the Mel Brooks comedy thinking they’re in for Swedish drama about the lingonberry harvest.” “It’s as provocative today as it was when it premiered back in 1974,” she says. No, tragically, it is more provocative. Thanks to the racial politics of censorship and ruthless power-seeking that has metastasized on the Left in the George Floyd Freakout, professors are losing their jobs and being “cancelled” for mentioning the word that Blazing Saddles uses repeatedly as a punchline. Any professor who analyzed the use of racist language in “Blazing Saddles” would risk being called a racist by the student body. Continue reading →

A Jumbo For The Ages And Other Ethics Observations on “Jeffrey Epstein: Filthy Rich”

/ Jack Marshall / 18 Comments

For me, the most stunning ethics moment in the Netflix documentary “Jeffrey Epstein: Filthy Rich” was when Prince Andrew, a long-time pal of the late sex-trafficker/billionaire Jeffrey Epstein, appears on camera and engages in a spectacular Jumbo. In a televised interview, the brother of Prince Charles claimed he never met Epstein—though there are photos of the Prince standing with him. He also said he had no recollection of knowing the woman pictured in the photo above, who was one of the under-age girls Epstein sexually exploited and passed around among his friends. The woman in the background is British socialite Ghislaine Maxwell, who served as one of Epstein’s procurers (and who was recently arrested as an accessory to his crimes). Yet when Andrew was asked how he explains the photo if he never had anything to do with the American teenager it shows him with his arm around, he said, incredibly, “I can’t explain it.”

Wow. “Photo? What photo?” “Teenage sex toy? What teenage sex toy?” “Pedophile billionaire? What pedophile billionaire?”

All Jimmy Durante had to deny was the existence of the stolen elephant he was holding at the end of a rope.

Reasonable minds may disagree about the worst ethical breaches on display in the documentary; there are so many. Epstein, of course, was scum—a predator, a sociopath, and a crook. I found no surprises regarding him personally. I also knew that wildly wealthy villains have the ability to corrupt everyone around them, but the supporting cast of the Epstein story provides  bracing reminders, such as… Continue reading →

Afternoon Ethics Afterthoughts, 8/14/2020: The Great Stupid, And Other Problems

/ Jack Marshall / 6 Comments

MAD-ness! MAD-ness!

1. This isn’t stupid, it’s just disturbing. Kevin Clinesmith, a top FBI lawyer who fabricated evidence in the federal  warrant used to spy on the  Trump campaign through Carter Page will plead guilty to federal charges brought by U.S. Attorney John Durham.  His plea will  admit to deliberately fabricating evidence in a Foreign Intelligence Surveillance Act warrant application. 

Clinesmith is the first individual to be charged as part of U.S. Attorney John Durham’s investigation into the efforts  to spy on the Trump campaign and Trump administration. Both Durham and Attorney General William Barr have stated that they had reason to believe the entire investigation of the President, which allegedly began in late July of 2016, was illicit and unjustified.

Expect the news media, in collaboration with Democrats, to bury, spin, deny and otherwise attempt to mitigate the sinister implications of this development, and those to follow. Continue reading →

Among All The Smoking Guns Showing The Mainstream Media’s Willingness to Lie Outright To Impugn President Trump, This Might Be The Smokingest

/ Jack Marshall / 23 Comments

Here’s a sequence from yesterday’s news conference:

Watch it, please. Here’s a summary of what transpires:

Step 1.:  A reporter asks the President about his thoughts on the theory floated by a Constitutional law professor in Newsweek that Kamala Harris shouldn’t be considered a ‘natural born citizen” and thus technically isn’t eligible to be Vice-President or President.

Step 2: The President offers no opinion on it whatsoever, and makes it clear he didn’t read the article (who reads Newsweek?). He says 1) he heard about it 2) it is his understanding that the author is a genuine authority 3) he doesn’t know what the guy actually argued (Trump asks the reporter if the problem is that Harris “wasn’t born” in the U.S.)

Step 3.The reporter quickly summarizes the professor’s point.

Step 4. The President says, first, that he has no idea if the professor’s claims are right, and  concludes by saying he “doesn’t know about it” that he “just heard about it” and will “take  a look.”

And Step 5?

CNN headlines, “Trump promotes another birther lie, this time about Kamala Harris”

Reporter Daniel Dale, Holmes Lybrand and Tara Subramaniam, wrote,

” President Donald Trump spent years pushing lies about the birthplace and presidential eligibility of President Barack Obama, the first Black president. On Thursday, he started floating a new birther lie about Sen. Kamala Harris, who, if elected, would be the first Black and Asian American vice president. Trump’s incendiary nonsense about Harris was part of a Thursday self-described “news conference” he largely used to campaign against his Democratic election opponents…”

Three reporters wrote this completely false story, and CNN published it!

Let’s count the lies: Continue reading →

Is Senator Harris Technically A Natural Born Citizen? At This Point, What Difference Does It Make? [Corrected and Updated]

/ Jack Marshall / 24 Comments

(That’s the late, great Professor Irwin Corey, a famous walking, double-talking comedy spoof of professors. His theories are approximately as valuable as the topic of this post.)

Chapman University constitutional law professor John Eastman has a controversial essay in  Newsweek analyzing whether Sen. Kamala Harris is eligible to become Vice president (or <cough> President) since her parents may not have been U.S. citizens when she was born.

Eastman’s theory is that the Twelfth Amendment’s language saying “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States” combined with Article II of the Constitution’s requirement that  “[n]o person except a natural born citizen…shall be eligible to the office of President” raises legitimate questions about Harris’ eligibility.

Harris’s father and mother were born outside of the United States and neither was a naturalized citizen at the time of Harris’s birth in Oakland, California. (I did not know that! Did you know that Pat Venditte was the first Major League pitcher who regularly throws both right-handed and left-handed? ) If, Eastman, claims, Harris’s parents were not lawful permanent residents at the time of her birth, then she isn’t a natural born citizen.  Along with a minority among constitutional scholars, Eastman believes the 14th Amendment doesn’t say that all persons born in the U.S. are citizens. It says that ‘[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof’ are citizens. Just because one is born in the United States, these contrarians argue,  doesn’t mean that individual has ‘subjected’ himself ‘to the jurisdiction’ of the United States. Under this theory,  the children of tourists, diplomats, and illegal aliens are not “natural born” citizens.

What an interesting theory! And, like so many things academics and scholars put into print to gain fame, notoriety, and publishing deals, it is one that is completely pointless at this time in history. Eastman’s theory has not been adopted by the United States or used to determine citizenship, so the current interpretation that if you are born here, you’re a “natural born” citizen, is the law by tradition and practice. Nevertheless, conservative media is having a ball with this foolishness. “Kamala Harris was an Anchor Baby” says a headline I saw today. So WHAT??? There is so much wrong with Kamala Harris, and she is such an awful candidate for so many other reasons, why is anyone focusing on a dead letter technicality?

There is nothing wrong with a scholar claiming that we’ve been doing it wrong all this time, but there is a lot wrong with making that argument in the middle of a Presidential campaign. I get it: the presence of Harris on the Democratic ticket makes an arcane legal theory suddenly newsworthy,  Chapman, however, is chasing personal fame at the cost of promoting needless distrust and uncertainty into a national election, as if we didn’t have too much of both already. Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up, 8/13/2020: Kamala Harris Selection Hangover Edition” [Corrected]

/ Jack Marshall / 13 Comments

Why is johnburger2013′s latest epic a Comment of the Day? I’d like to use it to launch a series of such accounts as people try to navigate the Great Stupid as it merges with 2020 campaign craziness.

We’ve talked here before about how it isn’t ethical to deliberately upset people, especially people who are suffering from emotional maladies intensified by one’s existence in a peer group bubble devoid of diversity of thought, experience and expression. However, it is also not ethical to allow those who have announced to the world, or even just you, that they don’t know what the hell they are talking about to not even have the chance to improve their lot. We are all members of the human family, and family members are obligated to say something when other family members speak or act like idiots.

Here is johnburger2013′s  Comment of the Day on the post, “Morning Ethics Warm-Up, 8/13/2020: Kamala Harris Selection Hangover Edition”:

This past Monday afternoon, I went to an upscale Houston area hardware store (yeah, I know, the whole idea is dumb but I needed a certain type of screw and nut that only they sell so don’t yell at me)*. They had CNN playing on the TV screen. I watched a bit of the Kamala Harris selection/pick coverage. An employee who is quite nice on most occasions watched with me. I asked her, “What does Harris bring to the ticket? Biden is going to win California and the west and east coasts, and Harris’s background as a DA in California has some real problems. She has not been overly impressive in her term as a senator, and her behavior during the Brett Kavanaugh hearing is hypocritical as it relates to Biden’s history will the ladies.”

Thus ensued a tongue lashing I haven’t had since the last time my wife was really mad at me (which may have been the day before!). She declared that she had the First Amendment right to speak her truth and that I was not to prevent her from doing so. (Me: “Uh . . .” ) She told me that she used to be a registered Republican but wouldn’t vote for one of those slimy jerks if they were the last candidates on the planet because they are weak and cowed by Trump, too afraid to stand against him who embodies all that is pure evil on the side of the universe. She also declared that Biden’s choice was the most amazing choice in VP candidates in the last 50 years, that Harris will bring grace, strength, and wisdom to the ticket, and will solidify a Biden Presidency that will save this nation from horrible Donald Trump and his infernal legacy of corruption, racism, sexism, Islamophobia, homophobia, xenophobia, and misogyny. When I pressed further** about Kamala’s qualifications, considering that Biden may have dementia or other cognitive issues, she scoffed, furrowed her brow and demanded if I truly believed that Biden was suffering from dementia any more than the Current Satan-in-Chief. Continue reading →

Morning Ethics Warm-Up, 8/13/2020: Kamala Harris Selection Hangover Edition [UPDATED]

/ Jack Marshall / 23 Comments

Hi!

In the 1945 drama “The Lost Weekend,” Ray Milland (above) played alcoholic Don Birnam, and won  the Oscar for Best Actor. The film also won the Oscar for Best Picture. Have you ever seen it? The film is virtually never shown on TV. Milland is another one of the once major Hollywood stars who are almost completely forgotten today, a fascinating group that includes Claire Trevor, Fredric March, Irene Dunne, John Garfield, and Norma Shearer, among others. If their major works were in black and white, they weren’t lucky enough to star in a film regarded as a classic, and they didn’t have a popular TV show when their movie career waned, the culture just forgets about them….and loses as a result. How many non-film nerd Americans under the age of 40 could recognize any of those actors, never mind all of them?

1. Nothing to see here: move along! Yesterday it was reported that the Democratic Party purchased the Antifa.com domain, and that clicks on the link went directly to the Biden campaign site. I checked: it did. Then, by 5:30 pm, the Biden redirect was eliminated. Res ipsa loquitur!

UPDATE: I’m putting an official question mark on this one. It is true that the Antifa.com went to Biden’s site, but that could have been a partisan dirty trick.  Of course, if true, this is the kind of story that the mainstream media would bury. If it was a set-up, it’s the kind of story the right-leaning media would credulously report as proof of Democratic de facto embrace of violence.

Trustworthy, objective journalists would be nice…

2. The vise tightens...Yesterday I noted that colleges and universities were increasingly cancelling their acceptances of students based on revelations of their past social media posts. In one case, Liberty Woodley, 17, the 2020 valedictorian of her high school class in Cape Coral, Florida., had accepted an offer to attend the University of Florida. Then a self-righteous and vicious  actress and “influencer” named Skai Jackson last month asked her more than 500,000 Twitter followers to send her screenshots of  “hateful” social media posts, so she could wrck lives and inflict pain on strangers. Someone sent in one of Woodley’s old Instagram posts in which she wrote when she was 16.

“I really try so hard not to be a racist person, but I most definitely am, there’s no denying it,” it said. Based on that, her acceptance was revoked.

 In an interview with The Gainesville Sun,  Liberty explained that had written the post out of anger at a time when she was being constantly bullied by some black classmates. “I am not racist at all, and I am not full of hate,” she said.  Well, there’s a Catch-22 for you! Oprah Winfrey and others are haranguing whites to admit their inherent racism as a first step to addressing “systemic racism,” but if they do what is asked, it means they are hateful and must be cancelled.

What do you want to bet that Liberty will vote for all Democrats in November? Continue reading →