Government & Politics

Dancing With Thomas Jefferson: How Assholes Make the Law Spoil Life For Everyone

/ Jack Marshall / 32 Comments

Coming to a place of honor and reflection near you.

On Saturday, the U.S. Park Police forcefully arrested five “Code Pink” protesters under the dome of the Jefferson Memorial for defying a recent Federal Appeals Court ruling that dancing at federal monuments was not constitutionally protected expression.

Perhaps you missed that ruling earlier this month, which was, I presume, made necessary by the realization that a flash mob could break out at any moment at the Lincoln Memorial or the Alamo. That was not the threat in 2008, however, when Mary Oberwetter was arrested, also at the Thomas Jefferson Memorial, for hoofing to celebrate Thomas Jefferson’s birthday.

She sued the National Park Service for violating her First Amendment rights, and on May 17 the U.S. Court of Appeals for the D.C. Circuit held that the Jefferson Memorial should have a “solemn atmosphere” and that dancing, silent or otherwise, was an inappropriate form of expression there. The appellate judges concurred with the lower court that the memorial is “not a public forum,” and thus demonstrators must first obtain a  permit. Demonstrations that require permits in the Park Service’s National Capital region are defined as

“…picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct which involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. [The] term does not include casual park use by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers.”

The Appellate Court wrote: Continue reading →

Ethics Dunces: Joe Klein and Chris Matthews

/ Jack Marshall / 5 Comments

John Edwards agrees with Chris Matthews

Journalist Joe Klein has been a candidate for an Ethics Dunce award for a long time, because he has been ethically suspect or worse for a long time. His defining integrity moment came when he lied about his authorship of the Bill Clinton roman-a-clef, “Primary Colors.” Since that time, Klein has gradually evolved into a shamelessly biased and ethically muddled political commentator from the left. Too bad. He’s a perceptive guy and a wonderful writer, but he makes his living now shooting from the hip, so we seldom get the benefit of his best qualities.

It was inevitable that the Chris Matthews Show would allow Klein’s ethical blindness to reach full flower.  Matthews has been on his own journey of self-diminishment since MSNBC decided to become the anti-Fox; where once he could be counted on to treat the issues of the day fairly and avoid partisan cheerleading, the Obama years have seen him abandon any effort at objectivity or even-handedness. Matthews’ Sunday morning panel show now eschews ideological balance and has Matthews posing questions to a rotating group of reliable conservative-bashers, with an occasional straight journalist mixed in who at least pretends to be neutral.  On Sunday, Matthews asked his panel about the appropriateness of the Justice Department’s prosecution of uber-cad John Edwards for violations of the federal election laws. It’s not a bad question, and reasonable people can disagree about the answer. The charges against Edwards stem from solicitation of large cash gifts from two long-time friends and supporters while he was simultaneously running for president and trying to cover up the existence of his love-child with Rielle Hunter and the adulterous affair that spawned her.  The money was given directly to Hunter, raising a legal question as to whether it was really a campaign contribution at all. Continue reading →

When An Apology Proves You’ll Say Anything: Ed Schultz’s Amazing Mea Culpa

/ Jack Marshall / 7 Comments

"Hey Ed! Your masks are showing!

After MSNBC had announced that it was suspending Ed Schultz for a week without pay for calling conservative talk-show host Laura Ingraham a “slut” on his syndicated radio show, its boorish left-wing star delivered an on-air apology. Schultz certainly seemed sincere and contrite, saying solemnly that his “vile and inappropriate language” was wrong and uncalled for.  “I am deeply sorry, and I apologize,” he said. “I apologize to you, Laura, and ask for your forgiveness…It doesn’t matter what the circumstances were. It doesn’t matter that it was on radio and I was ad-libbing. None of that matters. None of that matters. What matters is what I said was terribly vile and not of the standards that I or any other person should adhere to…..And I have been in this business since 1978, and I have made a lot of mistakes. This is the lowest of low for me. I stand before you tonight in front of this camera in this studio in an environment that I absolutely love. I love working here. I love communicating with all of you on the radio and the communication that I have with you when I go out and do town hall meetings and meet the people that actually watch. I stand before you tonight to take full responsibility for what I said and how I said it, and I am deeply sorry.”

“My wife is a wonderful woman,” Ed continued, getting emotional. “We have a wonderful family. And with six kids and eight grandkids, I try to set an example. In this moment, I have failed. And I want you to know that I talked to my sons especially about character and about dignity and about the truth. And I tell you the truth tonight that I am deeply sorry and I tell them every day that they have to live up to standards if they want to be a successful human being in life. And I have let them down. I have never been in this position before to the point where it has affected so many people. And I know that I have let a lot of people down…. Continue reading →

Gov. Mitch Daniels’ Self-Validating Decision

/ Jack Marshall / 9 Comments

"My wife, may she always be right, but my wife right or wrong!"

“Simply put, I find myself caught between two duties. I love my country; I love my family more.”

Thus did Indiana Governor Mitch Daniels remove himself from consideration for the 2012 GOP presidential nomination, breaking the hearts of Mitt Romney haters everywhere. Seldom have eighteen words launched so much ethical analysis, or what passes for it in the media.

Washington Post columnist Ruth Marcus, for example, applauded the Governor’s priorities while accusing Daniels of “throwing his wife under the bus.” Her point was that Daniels did not have to make it so crystal clear that his wife vetoed his own desire to run, that he should have simply said that he declined, and leave it at that. Indeed, that would have been chivalrous and kind. For a public servant and politician, however, it would also have been dishonest and wrong. Just as the public needs to know why a public figure is running for president (Gingrich: Because he’s deluded….Trump: Because its good for his TV ratings…), it needs to know why a public figure is not. Continue reading →

The Attack of the Grievance Bullies Continues…on “Napoleon Dynamite”???

/ Jack Marshall / 1 Comment

So...I guess "Tropic Thunder" is out of the question, right?

A bulletin from the Austin (Texas) Parks Foundation:

“The Austin Parks Foundation is canceling tonight’s (Wed, 5/25) showing of Napoleon Dynamite at Republic Square. A new movie will be shown next month. A number of people contacted us objecting to a word used by actors in the movie. We didn’t recall that this word was used and we did not mean to offend anyone. Our apologies for this as well as for the last minute cancellation.”

The PG movie, you see, about a maladroit teen, upset advocates and defenders of the mentally challenged, or whatever code words are deemed politically correct these days–I haven’t checked my “Offense-O-Meter” in the last couple days—because one of the characters uses the word “retarded” exactly once…not to describe someone who is actually laboring with a disability, mind you, but to insult his friend, as teenagers are wont to due, and as they were especially wont to do in the Eighties, when “retarded” was used the way my generation used “spaz.” In other words, there was no justification whatsoever for either the complaint or the movie’s cancellation. Continue reading →

Ethics Heroes: The U.S. Supreme Court

/ Jack Marshall / 1 Comment

To be more accurate, the heroic component in this instance is the liberal wing of SCOTUS ( Justices Sotomayor, Kagan, Ginsberg, and Breyer) plus the swing vote, Justice Kennedy, who wrote the majority opinion in Brown v. Plata.  The decision upheld a court order requiring California to release a staggering 46, 000 inmates of its prisons, more than a fourth of the those sentenced there. The majority concurred with the lower court’s assessment that California prisons were so obscenely over-crowed that conditions amount to a human rights violation and a breach of the constitutional prohibition on “cruel and unusual punishment.”

Some Supreme Court decisions come down to ethics as much as law, and this was certainly one of those times. At issue from a legal standpoint was  whether federal judges had the power to order the release of state prisoners as a necessary means of curing a constitutional violation. But the brilliant legal minds on the conservative side of the Court’s divide had no problem answering that question in the negative, and persuasively too.  The dilemma is that California’s least sympathetic citizens, its residents of the state’s penal institutions, are being kept in conditions that violate their constitutional rights, and despite many years of knowing about the problem, the state hasn’t found a way to rectify it. Continue reading →

Ethics Quote of the Week: Salon Columnist Joan Walsh

/ Jack Marshall / 4 Comments

Apparently I'm the pigeon in the lower left box.

“No one can be given credit for speaking from genuine moral or political conviction anymore; everyone can be dismissed or derided with a nod to their personal background. This may be the logical end of identity politics, where ultimately we’re each locked inside whatever little box we check, tiny caucuses of one, and common ground is impossible.”

—-Joan Walsh in Salon, bemoaning the accelerating tendency in public debate to discredit all beliefs, assertions and opinions, no matter how sincere or well-supported, as the product of bias and narrow self-interest.

Her comment could not be better timed, from my point of view. How tired I am of having readers demonstrate the trend Walsh describes by reflexively attributing every post I write as being proof of bias and a pre-existing agenda. If I criticize an atheist, I am a religious zealot; if I find fault with Obama, I must be a racist; if I point out that a production of “The Mikado” doesn’t really call for Sarah Palin to be beheaded, I’m a Left-winger. The problem is, unfortunately, that many prominent positions in the public square and blogosphere are driven by agendas and biases. It is so common that the concepts of independent judgement, an open mind and objectivity seem quaint and unrealistic.

I don’t know how to combat the problem, which is as serious as Walsh suggests. Recognizing it is a start.

Herman Cain Flunks The Presidential Candidate Competency Test

/ Jack Marshall / 15 Comments

Herman Cain's Consitution

The legal ethics standards do not require that a lawyer be fully knowledgeable and competent to handle a particular representation when he or she accepts the assignment, but does require that the lawyer be sufficiently up-to-speed in the legal area at issue when the work commences. That standard is reasonable for the law,  but the American public should expect more when an individual has the audacity to pronounce himself fit to be President of the United States. One area I would hope a candidate wouldn’t need to bone up on after the fact: the nation’s founding documents.

Former pizza CEO and conservative radio host Herman Cain officially entered the contest for the GOP nomination over the weekend with this statement, following his exhortation to America’s public to read the Constitution:

“Keep reading! Don’t stop at life, liberty and pursuit of happiness.”

Meet me at the bridge; I’ll be jumping at noon. Continue reading →

More on “The Atheist, the Graduation, and the Prayer”

/ Jack Marshall / 18 Comments

Damon Fowler, School Adminstrator-In-Training?

Either by design, bias, or because I was not sufficiently clear (always a distinct possibility), a lot of readers seem to have misunderstood the central principle in my post about Damon Fowler, the Louisiana high school senior who singled-handedly bluffed his school out of including a prayer in his graduation ceremonies. Let me clarify.

The post is only incidentally about atheism vs. religion. The ethical issue arose in that context, but it just as easily could have been raised in other circumstances. The ethical values involved here were prudence, tolerance, self-restraint, proportionality, consideration, generosity, and empathy. Fowler’s actions assumed that preventing what he believed was a violation of the Constitution’s prohibition on the government favoring one religious belief over another justified ignoring all of these. They don’t, and the same conclusion applies whether we are discussing a technical legal violation, a breaching of organizational rules, or personal misconduct.

Anyone who reads Ethics Alarms knows that I believe that the culture only becomes and stays ethical if all its participants accept the responsibility of flagging and, when necessary, condemning and stopping harmful societal conduct, as well as unethical personal conduct that will be toxic to society if it becomes the norm. Nevertheless, society becomes oppressive and intolerable if every single misstep, offense, violation, possible violation, arguable violation or mistaken judgment is cause for confrontation, conflict and policing, without regard for context and consequences. Indeed, much of the challenge in ethical analysis involves deciding what kind of misconduct matters, even once the question of whether something is misconduct has been settled. Continue reading →

What Competent Leaders Do: A Checklist

/ Jack Marshall / 1 Comment

While we are on the topic of leadership (in the wake of Harold Camping’s failure to act like a responsibility one), here are  highlights from “Inside CRM’s list of 101 Common Sense Rules for Leaders. 

The list is specifically targeted at managers, but the principles have broad application to all kind of leadership. If only Harold had given as much study to these as he did to his Bible. President Obama should give them some consideration, however. It’s not too late.

…
Meeting Deadlines

11. Only promise what you can realistically deliver. Don’t create deadlines that you know you can’t meet. By only promising what you know you can do, you’ll be able to finish on time.

12. Set clear goals. Once you know what you need to accomplish, it helps to know how and when you want to do it. Put your goals down on paper and make sure everyone on your team gets a copy.

13. Organize a team. … Pick a team that has the right skills to carry out the job.

14. Delegate tasks. Spread work among your employees in a way that doesn’t leave anyone overburdened while also allowing the project work smoothly.
…
16. Keep communication open. Keeping everyone in touch with the status of the project is key to making sure it’s completed on time.

17. Do it right the first time. Planning ahead will help prevent you from delivering a substandard product. Having to redo something for a client costs money, and, more than likely, future business opportunities Continue reading →