Government & Politics

“It’s Unethical To Be A Weenie,” Part I: The Lipreading NFL Fans

/ Jack Marshall / 6 Comments

Preface: The Rise of the Weenies

Tom Brady, mid-

Tom Brady, mid-“Fuck!”

Everywhere we look, it seems, we see the United States culture being threatened by weenies and the rise of Weenyism. In a nation founded on the principles of self-reliance and individual liberty, built and shaped by stunningly brave men and women who hacked civilization out of an uncertain and perilous wilderness, there is a growing mass of citizens—the cancer imagery is intentional—who are committed to giving the government near total control over every conceivable danger, threat, peril, offense, inconvenience or annoyance, real or imagined, as the role of individual Americans devolves into pointing and saying, “There! Fix that! I don’t like that! Arrest them. Fine him.” Increasingly, the primary motivation for public policy is fear, planted by activists and politicians to panic, terrify and mobilize the weenie base, who are ever eager to trade individual freedom for protection against, well, almost everything.

I know I am hyper-sensitive to the weenification problem right now, having spent three weeks reviewing the history of the American West and its portrayal by Hollywood in preparation for my Smithsonian Associates program last week on how the Hollywood Western shaped American culture. Around the same time that the Sixties exploded, the culture’s unified acceptance of traditional American values began to collapse, just as the primacy of the Western as an entertainment genre declined. Now weenyism is in its ascendency. There are those who claim that the name of a distant football team causes psychological trauma to Native Americans who don’t follow football. Blogger Andrew Sullivan (a candidate for Head Weenie) asserts that the United States should have the “courage” to do nothing about ISIS and allow it to run amuck (the ultimate goal of the Weenies: an Orwellian “Weenies Are Heroes” motto). Feminists insist that women are so vulnerable to male sexual predations on campus that due process, fairness, common sense and much of the respect as equals their predecessors fought for must be surrendered, in a new system that begins with the presumption that all men are potential rapists and all women simpering, helpless victims, even when they say “yes.” College students and other are demanding that books, stories, essays and blog posts contain “trigger warnings” to alert weenies that words and topics in the text might give them the vapours. Needless to say—I hope—this not a healthy development for the United States, or  our culture.

The resistance to Weenyism ought not to be a partisan issue. The obligation to help the weak, disadvantaged and powerless become stronger, overcome their handicaps and acquire power is part of the American tradition too. Somewhere, however, this obligation was distorted by the realization that in a system where the government is looking for victims to justify its existence, Weakness Is Power (Orwell again). Weenies—fearful, risk-averse, passive-aggressive citizens who shrink from conflict, confrontation and the messy process of democracy— have realized that they can mobilize power to satisfy their narrow biases and interests, often at the expense of their fellow citizens’ right to liberty and the pursuit of happiness. Now the culture is tilting away from the uniquely American model that encouraged individuals to fight their own battles and succeed or fail on the merits of their causes and their own determination and skill, to one that rewards the perpetually offended, victimized, and passively unsuccessful.

It is unethical to be a weenie, and equally unethical to allow Weenieism to overcome what has been an American cultural strength.

Part I: The Lipreading NFL Fans

Several TV viewers who watched the NFL’s  New England Patriots-Green Bay Packers made official complaints to the Federal Communications Commission because they could see Patriots quarterback Tom Brady saying “fuck” repeatedly on the sidelines in frustration over his own play.  They couldn’t hear it, mind you: they were just able to read his lips. This was so horrible that they felt that the Federal government needed to investigate and take remedial action.

One complaint was from an Indianapolis parent who wrote that their “6 year old children know how to read lips.” Another was from a Pennsylvania grandparent who complained to the FCC,  “My 8 year old grandson was watching the game with me and even commented that he should not have said that.”

The Horror. Law professor Jonathan Turley opined on his blog,  “I do not believe that this was a good thing for a NFL QB to be doing.” Well, sure: he should be picking his nose of grabbing his crotch, either, but this isn’t scripted, and its a football game.  The whistle has to be blown for Federal retribution for mouthed obscenities to nobody in particular, as these sensitive parents and grandparents happily allow their delicate charges to cheer men in the process of maiming themselves and risking that their children will be changing their fathers’ diapers in the disturbingly near future?

The really frightening thing is that our regulatory morass encourages such attempts at censorship. Continue reading →

Unethical Quote of the Week: Dick Cheney

/ Jack Marshall / 37 Comments
Hello, I'll be your torturer today. Now, if you are innocent, please understand, on balance this works.

Hello, my name is Skug, and I’ll be your torturer today. Now, if you are innocent, please understand, on balance this works.

“I’m more concerned with bad guys who got out and released than I am with a few that, in fact, were innocent.”

—Former V.P. Dick Cheney, giving his reactions on “Meet the Press” regarding the Senate’s critique of the Bush Administration and the CIA’s interrogation methods.

I try to be fair to Dick Cheney, whose character has been distorted beyond all recognition by his partisan foes. Sunday, however, he was apparently attempting to validate all the most terrible things anyone has said about him, as well as providing future students of ethics real life examples of ethical fallacies.

The one quoted above is the pip: so much for the jurisprudential principle that “It is better that ten guilty persons escape, than that one innocent suffer.”   Chuck Todd reminded Cheney that 25% of those detained were apparently innocent. The Cheney variation: “It is OK if some innocent persons are unjustly punished as long as the bad guys get what they deserve.”

It is hard to pick the most unethical assertion, however; there are so many horrible statements to choose from. Such as: Continue reading →

Vice President Biden May Be A Boob, A Hypocrite And An Ethics Dunce, But He Understands The American Culture Better Than Most Of His Party

/ Jack Marshall / 20 Comments

I’m late to the blog today, because I spent it giving a special program for the Smithsonian Associates called  “From Stagecoach to Django Unchained: The Hollywood Western and Its Influence on American Values, Aspirations and Culture.” It consisted of me talking, a terrific Powerpoint presentation by the gifted Grace Marshall, and almost three hours of clips from classic Westerns—the whole session was five hours. My primary message is that anyone who is not literate  regarding the Hollywood Western really doesn’t understand the myths and archetypes that powerfully influence U.S. culture to this day. Within that “anyone” are the majority of pundits and journalists, a large percentage of citizens under 50, and the vast majority of women and minorities. This is a problem.

For example, no one can consider the vast influence of the Western genre on American culture and be the least bit surprised that gun control has an uphill battle with the American public. No other culture has as its primary source of heroes, legends and lore figures and events so dependent on firearms as a means to right wrongs, protect the innocent, and punish evil. Frankly, if a pundit doesn’t understand why John Wayne (who died in 1979) just set a Harris poll record by being included in its annual list of top ten most popular movie actors for twenty consecutive years, from 1994 to 2014, I don’t think they can comprehend the nation sufficiently to opine on it.

Joe Biden, however, understands. I have been critical of Joe, as he is frequently an embarrassment, and there was a lot wrong with his comments today as he was honored with the “Voice of Solidarity” award by Vital Voices, a women’s rights charity, at their event celebrating “men who combat violence against women.” Still, Biden proved that whether he knows it or not, he is more atuned to U.S. culture than most of his colleagues. He deserves credit for that, if nothing else.

You see, Biden told a fascinating personal anecdote from his childhood. He related:

“I remember coming back from Mass on Sunday Always the big treat was, we’d stop at the donut shop…We’d get donuts, and my dad would wait in the car. As I was coming out, my sister tugged on me and said, ‘That’s the boy who kicked me off my bicycle.’ So I went home—we only lived about a quarter mile away—and I got on my bicycle and rode back, and he was in the donut shop.”

Biden said the the boy was in a physically vulnerable position,“leaning down on one of those slanted counters,” so he took immediate advantage:

“I walked up behind him and smashed his head next to the counter.His father grabbed me, and I looked at his son and said, ‘If you ever touch my sister again, I’ll come back here again and I’ll kill your son.’ Now, that was a euphemism. I thought I was really, really in trouble… My father never once raised his hand to any one of his children—never once—and I thought I was in trouble. He pulled me aside and said, ‘Joey, you shouldn’t do that, but I’m proud of you, son.’”

The lesson, Biden said, was that one should to “speak up and speak out” to correct wrongdoings. Like much of what come out of Biden’s mouth, this was nonsense in the context of his own story, and was not what the lesson was at all. The lesson was that force, punishment, violence and intimidation is sometimes necessary to stop bullying, discourage misconduct, protect the innocent and vulnerable,  set standards, and give more than lip service to core values. Little Joey Biden didn’t “speak up”: he bashed a bully’s head and threatened to kill him. Apparently it worked, too. America, Americans, the culture and our history—as well as the Duke–have long believed that sometimes violence is necessary to stop violence, and send important messages, and can therefore be virtuous and ethical.  Biden understood that when he was ten, and somewhere deep in that mess of mush he calls a mind, he understands that now. Continue reading →

Ethics Hero: Sen. John McCain

/ Jack Marshall / 29 Comments

waterboard1

While other Republicans are attacking the Senate report on torture as a political hit piece by Democrats—which, in part, it is, but that doesn’t diminish its significance—the one Senator who has experienced torture is supporting the report’s conclusions and criticism, saying…

I know from personal experience that the abuse of prisoners will produce more bad than good. Most of all, I know the use of torture compromises that which most distinguished us from our enemies.”

Exactly.

My position on this topic is unchanged from what I wrote in 2006, which you can read here.

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 →

Transparency, Causation, Eggshells, Trust : Seven More Ethics Issues In The Eric Garner Case

/ Jack Marshall / 10 Comments

jigsaw-puzzle-record

1. There is near unanimity in the response to the non-indictment by the Staten Island jury in the Eric Garner case. In light of the graphic video, it is hard to see how there wasn’t probable cause to indict. The coroner verdict of “homicide” would see to provide sufficient evidence all by itself. However, in the absence of the complete record of what the grand jury heard and saw, nobody can be certain that this was a miscarriage of justice. However, given the context of the case and its deleterious impact on faith in the justice system, that is no solace and scant mitigation. As in Ferguson, it is prudent and essential that the public see what the decision was based upon. It is true that those who are determined to see injustice, bias and racism will do so regardless of what the evidence shows–again, as in Ferguson—but the only evidence that has been made public, the various videos and the officer’s testimony–only makes the non-prosecution more suspicious.

2. Can the non-prosecution be justified? If so, the only reason I can see would be lack of proof of causation. Causation is tricky, and  juries get confused about how to analyze it. Since it is fair to assume Daniel Pantaleo did not intend to kill Eric Garner, the issues are a) whether his actions during the arrest were negligent, and b) whether they were the proximate cause of Garner’s death. That his conduct was negligent is not enough to sustain and indictment—that negligence had to be the reason Garner died. Remember, he was not choked to death. The medical examiner ruled that Garner died from a collection of factors: compression on his chest and throat, the position he was forced into, his obesity, weak heart, and asthma, all causing asphyxia.

  • If Pantaleo’s actions alone would not have caused Garner’s death, then it could be legitimately argued that he was not guilty of a crime. The other officers were given immunity for their testimony, which seems like either a bad decision by the district attorney, or intentional sabotage of the case against Pantaleo’s. If it was the collective action of the police that caused Garner’s death, it would be unjust to make Pantaleo the sole officer punished. If some of the testimony from the unchargeable cops made the case that it was another officer, or several, who really caused Garner’s death, that would explain the no indictment result.

In the widely seen video of the arrest, Pantaleo can be seen with his arm around Garner’s neck as Garner is taken to the ground and for some time thereafter, but in watching the video it’s difficult to determine whether Garner was in fact choked. And if he was, it did not appear it was long enough even to render him unconscious, much less kill him…I saw nothing excessive in the manner in which the officers subdued Garner. He was neither beaten with batons nor even punched. To me, it appeared to be a fairly typical scuffle with a large man who had clearly demonstrated his unwillingness to be arrested peacefully.

He misses the point. The question is whether the take-down was excessive for Garner, not some theoretical average arrestee. It is true that with a normal, healthy subject, what the officers did would not typically cause death….but Garner was obviously not normal, nor healthy. He was morbidly obese, and 350 pound middle-aged people tend to have the kinds of heath issues Garner in fact had. Nobody would argue that an elderly woman or a ten-year old girl or someone in a wheelchair should be manhandled like that. Such treatment was negligent for Eric Garner, and the deadly result could and should have been anticipated.

It is true that the officers couldn’t know that Garner had a weak heart and suffered from asthma, but it doesn’t matter: the rule in negligence is that “you take your victim as you find him.” If your negligence is the proximate cause of someone’s death, the fact that it wouldn’t have caused anyone else’s death is no defense. This is the so-called “Egg-shell Skull” rule.

Garner was an egg-shell perp. Continue reading →

The Perils Of Over-Regulating The Police: A Case Study

/ Jack Marshall / 25 Comments
This is Dirt Harry's badge. Seconds later, he throws it into a river. Lots of other police will be doing the same.

This is Harry “Dirty Harry” Callahan’s badge. Seconds later, he throws it into a river. Lots of other police officers will soon be doing the same.

Yesterday, for the third time in my life, I was the first one on the scene after a fellow human being’s death. This time, it was a very close friend and, though it has little to do with this post, a wonderful man. I had headed out to his home because I was worried: an unusually reliable and conscientious individual, he had missed several appointments the last few days and hadn’t been answering e-mails and phone calls. When I was told about this, I immediately suspected the worst, and sadly, I was right.

His car was outside his house, and though it was mid-day and he was supposed to be somewhere else, I could see that the TV was on. In front of his door, getting soaked in the rain,  was a package: it had been delivered there on December 2. I got no response to my bangs on the door. It was time to call 911.

The police responded quickly. I’m not going to name the department, which has an excellent reputation here, and I do not fault the officers, who were diligent and polite, and who set about investigating the scene professionally and quickly. Nonetheless, after a full 90 minutes, after which they could not discern any more than I had before they came, they would not enter the house.

They told me that they could not risk being sued, and that there were elaborate policies and procedures that had to be checked off first. The officers had to track down their supervisor (it was a Saturday), and, they said, more than one official would have to sign off, to protect the department

“He could be drunk; he could be shacked up; he could just want to be alone,” they told me. “The law says his privacy can’t be breached, even by us.”

“But he’s not any of those things,” I said. “He doesn’t do any of those things, and if he were OK, there wouldn’t be a four-day-old package outside.”

“Maybe he took a trip on a whim.”

“He would have called and cancelled those commitments,” I said. “Look, you and I both know that he could be inside, on the brink of death, with every second bringing him closer. The only alternative is that he’s died already. If you won’t do it, let me break in, chase me, and you’ll find him legally as you pursue me. How’s that?”

The police weren’t sold. Finally, after a full 90 minutes, they requisitioned a ladder from a neighbor and were able to see into a second floor window. My friend was visible on the floor, and then they moved quickly, breaking down the door. They were too late by days. They might have been too late by minutes though. All those procedures and policies that forced the police to avoid taking action that in this case, under these circumstances, were prudent and that might have saved a life imperiled.

The lesson is only this: if we cannot trust police to make decisions like this, we obviously are not going to trust them to decide when to fire their weapons. Laws, rules and procedures are rigid, and have to be examined slowly; real life operates in the shadows of uncertainty, among the loopholes, gray areas and ambiguities, and it moves fast. The protests and demands in the wake of the recent police controversies will undoubtedly result in more regulations, policies and laws, but there is good reason to believe that they will also make us less safe rather than more safe, and make it difficult to find reasonable, dedicated, ethical men and women willing to serve as police, a job which, we seem to be deciding, should be subjected to strict liability whether the officer acts too quickly, or not quickly enough—judged, of course, after the results are in. Continue reading →

Journalism Ethics Reality Check: What The Entire News Media Did To Darren Wilson With Dorian Johnson’s “Hands Up” Story Is EXACTLY Like What Rolling Stone Did To UVA With “Jackie’s” Rape Account, Just Worse.

/ Jack Marshall / 8 Comments

Am I the only one who sees this?

Two train wrecks, same track...

Two train wrecks, same track…

I discern that I was too subtle—imagine that!— when I wrote,

In light of all this, it seems that women really have done a relatively poor job at intimidating the left-biased media as well as its progressive pundits and elected officials. If they had sufficiently pressured journalists into believing that to challenge their accounts of rape, substantiated or not, was proof positive of malicious animus, like the civil rights machine has regarding narratives of police racism, they could depend on much of the media continuing to repeat the Rolling Stone account as truth even if it is completely discredited. This is, after all, what we are witnessing right now, as the recent grand jury decision in the Eric Garner death has allowed columnists, reporters, and broadcasters—and thus protesters and politicians—to continue to represent what happened to Michael Brown as if Dorian Johnson’s discredited description of his friend’s death was fair, accurate and unbiased.

So let me be clear….

We are told the the news media is furious with Rolling Stone over its discredited and anonymously sourced gang rape accusation against the University of Virginia’s chapter of the Phi Kappa Psi fraternity. Why is it not similarly critical of itself for publicly and far more widely accusing a single, named Ferguson police officer, Darren Wilson, of a race-motivated, cold-blooded execution of an unarmed man based on the allegations of Dorian Johnson? They are, from a journalism ethics perspective, equally irresponsible and unprofessional, and predictably more harmful. It is, we can stipulate, worse for a police officer to be accused of first degree murder than for unnamed members of a fraternity to be accused of rape.

Note:

1. Both Rolling Stone and the mainstream media were eager to accept the stories being told as fact because of their own ideological biases.

Rolling Stone is committed to the current campaign of the left to portray college campuses as perpetuating a “rape culture.” The mainstream media, as it had already proved in its slanted and incompetent coverage of Trayvon Martin’s death and the trial of George Zimmerman, is a shameless ally of the cynical Democratic Party’s tactic of representing the nation as racist. Continue reading →

Unethical Tweet Of The Month (Or Eternity?), “Jackie’s” UVA Gang Rape Ethics Train Wreck Division: Melissa McEwan

/ Jack Marshall / 17 Comments
Melissa McEwan's profile photo. I'm not going to say a thing. No, really. Not a thing.

Melissa McEwan’s profile photo. I’m not going to say a thing. No, really. Not a thing.

“I can’t state this more emphatically: If Jackie’s story is partially or wholly untrue, it doesn’t validate the reasons for disbelieving her.”

— Melissa McEwan,  feminist proprietor of @Shakestweetz, an-all tweet blog, responding to the meltdown of the Rolling Stone story accusing a University of Virginia fraternity of gang rape.

Look, I’m not going to insult you by explaining what’s wrong with the assertion that those accusing others of horrific crimes shouldn’t be held to strict standards of credibility.

What is more significant than McEwan or her tweet is that this frightening and dangerous state of denial is moving from the status of self-evidently insane to acceptable. As I suggested in the previous post about the Rolling Stone retraction of its explosive story by Sabrina Rubin Erdely, the Ferguson demonstrators, the “Hands up!” protestors, the Congressional Black Caucus, and  pundits like Eugene Robinosn who are still arguing that Officer Wilson should be indicted are doing essentially the same thing. Having decided that the Ferguson narrative pressed by civil rights activists communicated a deep truth about America, they refuse to accept that it was false even in the face of overwhelming evidence because they are intellectually and emotionally committed to that “truth.”

The tweet also forces me to upgrade the Rolling Stone fiasco to Ethics Train Wreck status. Continue reading →

KABOOM! Now I’m Satisfied That The U.S. Will Never Solve Its Debt Problem, Since It Takes This Long For Congress To STOP PAYING ENTITLEMENTS To NAZIS

/ Jack Marshall / 36 Comments

exploding-head

I’m on the way to Cleveland. I guess I might as well leave my brains on the ceiling, where this story deposited them:

“The House on Tuesday passed legislation to terminate Social Security benefits for suspected Nazi war criminals. Passed 420-0, the bill was approved after an October Associated Press report found that dozens of suspected Nazi war criminals forced to leave the U.S. collected millions of dollars in federal benefits.”

On the plus side, See? We can have bi-partisan agreement in Congress!

On the other side: why do we need the Associated Press to point out to Congress that we’re giving millions of dollars to former Nazis to keep them supplied with fresh Zykon B? Why wasn’t this bill passed six years ago? Sixteen years ago? As long as President Obama thinks he can rule by fiat, where was the executive order directing the Treasury to stop paying non-resident Nazis Social Security?

You can read the original AP story here, which I was going to post on until it got lost in the shuffle.

File this one under “Incompetent Elected Officials,” or perhaps simply, “We’re doomed.”