History

Ethics Quote of the Month: Judge Vaughn Walker

/ Jack Marshall / 1 Comment

His opinion declaring the voter-approved ban on same-sex marriages in California unconstitutional is here.

The opinion really begins on page 110. Opponents of the opinion are calling it “judicial activism,” “overturning the will of the people,” and “ruling by fiat.” Don’t buy it. The judge logically, fairly and appropriately explains why withholding the basic right of marriage from same-sex couples is a violation of essential values and American principles of ethics and law. Forget about the pundits and the spin: read what Judge Walker wrote.

Ethics Dunce: New Mexico Gov. Bill Richardson

/ Jack Marshall / 2 Comments

From the “What was he thinking?” files:

New Mexico Gov. Bill Richardson says that he is considering whether to pardon Henry McCarty, a.k.a. William Bonney, a.k.a. Billy the Kid (1859-1871), because in 1879 one of Richardson’s predecessors, Gen. Lew Wallace (who, among other things, presided over the trial of the Lincoln conspirators, headed the military tribunal that condemned the Confederate commandant of the infamous Andersonville prison camp, and wrote Ben-Hur,)  reneged on a deal to grant Billy amnesty in exchange for some helpful grand jury testimony in the prosecution of vigilantes.

Of course, when Billy didn’t receive his pay-off quickly enough, he escaped from jail and killed two deputies in the process. He was that kind of guy. Continue reading →

Ethics Dunces: Charlie Rangel’s Birthday Celebrants

/ Jack Marshall / Leave a comment

From “The Hill”:

“Democratic leaders and major party donors plan to hold a lavish 80th birthday gala for Rep. Charles Rangel (D-N.Y.) at The Plaza Hotel in Manhattan next month, despite 13 ethics charges pending against the veteran lawmaker.”

Apparently New York’s U.S. Senators Charles Schumer and Kirsten Gillibrand plan to attend, as well as New York Gov. David Paterson and gubernatorial candidate Andrew Cuomo—Democrats all.

Here is the ethical problem—and it is hardly rocket science. When a public figure’s misdeeds are more prominent in the public’s view than his or her lifetime accomplishments, it is impossible to celebrate the latter without appearing to endorse, support, or other wise fail to show sufficient disapproval of the latter. Continue reading →

The Left’s New Black Panther Rationalizations

/ Jack Marshall / 2 Comments

“All looks yellow to the jaundiced eye” (Alexander Pope, 1711)  could have been written about the media handling of the New Black Panther voter intimidation case. To conservatives, it is ominous proof of race-conscious law enforcement in the Obama Justice Department. To liberals, it is more proof that the Right is determined to stir up racial suspicion about Barack Obama’s administration.

I don’t think the incident proves anything conclusively at this point, except this: liberal journalists and commentators are embarrassing themselves and misinforming the public by arguing that the case is trivial, and employing intellectually dishonest arguments to do it.**

Whatever the case is, it isn’t trivial. Voter intimidation isn’t trivial; it strikes at the core of our system of government. I would argue that the government should be unequivocal, strict and unyielding regarding the prevention and punishment of it, by white or black, no matter how manifested. If you don’t think so, then I challenge you to explain why. If there is any conduct that should receive no tolerance by law enforcement, this should be it. There is no excuse for it.

Nevertheless, supposedly respectable commentators like columnist E.J. Dionne feel compelled to make excuses for the Justice Department’s actions while intentionally or incompetently misrepresenting the facts.  Continue reading →

Lincoln Chafee’s Unethical Attack on Curt Schilling

/ Jack Marshall / 2 Comments

Former G.O.P. Senator Lincoln Chafee, now running for Governor of Rhode Island as an Independent, did a despicable thing yesterday, and almost certainly has no idea why it was so wrong.

During a radio interview, Chafee criticized a deal state economic development officials approved with 38 Studios, a game development company owned by former Red Sox pitcher and World Series hero Curt Schilling. Chafee, who is not alone in his criticism of the loan, argued that too much taxpayer money is being entrusted to a company that has no proven track record. That’s a legitimate point. But to hammer home his point, Chafee decided to attack the character, career accomplishments, reputation and integrity of Schilling, a man he has never met…based on nothing at all. Continue reading →

Obama, the Bomber, and the Dangers of Deceit

/ Jack Marshall / 4 Comments

I live in the Washington,D.C. area, and I often say that deceit is the official language here. Deceit is an artful form of lying in which literally truthful statements are made in a manner, tone and context designed to deceive others into believing something that is not true, by playing on their assumptions, hopes or trust. Like any other lie, it allows the liar to gain tangible benefits, but with less risk than with a normal lie.  If a deceitful statement is unmasked after an individual has relied on it, the originator of the deceit  can and often does blame the duped listener, who “misunderstood” or “jumped to conclusions.” That’s the special upside of deceit.

The downside of deceit is that it is the calling card of especially slippery people, the preferred device of the verbally adept and the unconscionably manipulative. Effective deceit takes work and talent; show me someone who can be deceitful easily, and I will show you someone whom neither of us should trust.

That is why this statement by President Obama from last week is so discouraging, and perhaps, a tipping point in his relationship to the American people: Continue reading →

Daniel Schorr’s Ethical Legacy

/ Jack Marshall / 1 Comment

It was interesting, though a little jarring, to read and hear the outpouring of admiration for the late CBS and NPR journalist Daniel Schorr, who died last week at the age of 93, even as the same sources were decrying the biases of Fox News. For Daniel Schorr was the herald of ideologically slanted journalism, though he never admitted it and was notable for his self-congratulatory dedication to what he called journalistic ethics. His legacy is what we have now: self-righteous journalists who refuse to separate fact from opinion, and whose definition of “fair and balanced” is “expose the bad guys—that is, those who we think are the bad guys.”

Some of the odes to Schorr’s career themselves defy any reasonable definition of objective reporting. During his 25 years at NPR, Schorr comfortably settled into reliably pro-liberal, pro-Democrat reporting, calling, for example, the Supreme Court’s decision in Bush v. Gore, “a judicial coup” by “the Gang of Five, philosophically led by archconservative Antonin Scalia.”

“Some critics of Schorr and NPR felt his analysis veered into opinion — that he had a profoundly liberal take on the world that became more evident over time,” said NPR in its obituary of Schorr.

Gee…How could they think such a thing? Continue reading →

Free Speech or Theft? The Law and Ethics of Stolen Valor

/ Jack Marshall / 5 Comments

The U.S. District Court in Colorado ruling in the case of  US v. Strandloff, has found the “Stolen Valor Act,” 18 U.S.C. § 704(b) & (d), to be an unconstitutional infringement of free speech.  Rick Strandloff represented himself as a wounded decorated Iraq War veteran in order to rally support for veterans and opposition to the war. The original Stolen Valor Act of 2005 criminalized the wearing of military medals an individual was never awarded; later, it was expanded to included the crime of falsely saying or writing that one has been given military honors for valor. The Act says, in part, that it is a crime to…

…falsely represent [oneself], verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item …

Deciding an issue like this inevitably comes down to both law and ethics. Not all speech is protected by the First Amendment, and deciding how many kinds of speech we can sensibly and reasonably prohibit requires a court and a culture to think about just how bad—how wrong–certain kinds of speech may be, based on their actual and potential harm. Continue reading →

Al Gore, Bill Cosby and the Ethics of Flawed Messengers

/ Jack Marshall / 7 Comments

We can wait until the whole sordid mess plays out, but as someone who has spent a lot of time researching and training managers about sexual harassment, it is all but certain that Al Gore’s reputation is a goner. One accusation of sexual harassment can be and often is a false alarm. When more allegations of the same type begin to surface after one accuser has broken the dam, however, it is a sure sign that the accused is a serial harasser. The National Enquirer, which has a nose for sleaze (see: John Edwards) is reporting that two more masseuses in two different locales have reported in-room encounters with Gore that echo that of the Portland masseuse whose complaint about Gore was first stifled by her environmentalist friends, and later by the Portland police. This news puts in a new perspective Gore’s unseemly defenses of Bill Clinton’s conduct when Al was Veep, and may even begin to solve the mystery of why the “Love Story” Gores ended in divorce.  Al, in other words, probably really is a “crazed sex poodle.”

Will this development greatly damage his ability to exercise influence in the climates change debate? Of course it will. Continue reading →

Note to Anti-Defamation League: Stick To Dafamation

/ Jack Marshall / 1 Comment

Everybody who watches baseball on TV knows that Fox color man Tim McCarver talks too much. He’s smart, sometimes perceptive, but his opinions during a broadcast constitute the sports equivalent of Phil Spector’s “Wall of Sound.” Last week, commenting on a Yankee Stadium game that was preceded by the team’s annual “Old Timer’s Day” parade of superannuated Yankee greats, McCarver chose to express his outrage at what he saw as the Yankees’ banishment of former manager Joe Torre (now managing the L.A. Dodgers after an acrimonious departure from New York, followed by a tell-all book) to relative obscurity: Continue reading →