Journalism & Media

Race-Baiting Scalia (For Doing His Job)

/ Jack Marshall / 68 Comments
Ignore them, Nino.

Ignore them, Nino.

As is often the case with topics here, I heard about the uproar over Justice Antonin Scalia’s controversial question during oral argument on the latest challenge to affirmative action accidentally, when a Facebook friend re-posted a furious message from his friend calling Scalia a moron and a racist. Even reading a second hand account of what somebody read that Scalia said (the transcript hadn’t been released, but never mind: that was enough for my friend’s African-American friend to call a Supreme Court Justice a racist and for my friend, who is a liberal-minded professor, to endorse it), I could tell that the attack was unfair and worse, outright race-baiting.

What Scalia was alleged to have asked a lawyer was whether affirmative action actually hurt blacks by putting them in “more advanced” institutions, that they “don’t belong” in elite schools. I knew, no matter what Justice Scalia really said, that he was talking about some blacks, not all blacks. That’s obvious: if an African American student can be admitted to an elite school without the “thumb on the scale” of affirmative action, obviously he or she is qualified and belongs there. But more importantly, I knew from personal experience that being admitted to a top school when the student’s credentials wouldn’t normally warrant it could be disastrous.

I worked in the administration of Georgetown Law Center in the late seventies and early eighties, as the school was trying to increase its percentage of black students. I was involved in the process sometimes, and was stunned by its unfortunate revelations: for example, some of the black students we accepted from elite colleges lacked basic reading, writing and critical thinking skills. I remember one Yale grad in particular who could not write a comprehensible sentence.

Georgetown Law set up a special class for these minority students (and a couple of  white “legacy” admits who were sons of wealthy alums, one of which I had specifically told his father could not possibly graduate, based on his college grades and test scores.) Then the school was sued by one of the affirmative action students, who claimed that making him take the remedial class was demeaning and racist. Of course he would have been better off in a less demanding law school. Affirmative action did none of these students any favors. In my opinion then and now, their welfare, confidence and self-esteem was  sacrificed so Georgetown could look progressive, and to the dubious objective of diversity for diversity’s sake.

It wasn’t just my Facebook friend’s friend that was bashing Scalia as a racist. It was much of the news media. “Justice Scalia Suggests Blacks Belong at ‘Slower’ Colleges” reported Mother Jones. “Scalia: Maybe black students belong at ‘less-advanced’ schools” reported The Hill. MSNBC’s slur was Justice Antonin Scalia floats ‘lesser schools’ for black students.  A New York Times editorial—the paper has, it appears, lost its mind– said that Scalia raised an “offensive premise which has not gotten such a full airing at the Supreme Court since the 1950s.” The New York’s Daily News  headlined“SUPREME DOPE” over a photo of Nino. Continue reading →

Heroes, Villains And Fools In The Latest “Donald Trump Candidacy Ethics Train Wreck” Disaster

/ Jack Marshall / 25 Comments

Circus Train wreck

In a single post I can’t possibly cover all of the heroes, villains and fools who have emerged in the aftermath of the explosion of Trump’s latest hand-grenade tossed into the Presidential campaign. I have to start somewhere, though.

At the outset, I want to officially designate Trump’s campaign as an ethics train wreck, neatly paired with the Hillary Clinton Campaign Ethics Train Wreck (more from that later.) Do you sense that the number of Ethics Train Wrecks are proliferating? You are correct, and it is both a direct result and an indirect result of the Obama Administration Ethics Train Wreck. When leadership is feckless, weak, dishonest, unethical and ineffective, a society’s ethical standards start to unravel.

Now on to the initial designations regarding Trump’s declaration that Muslims should be banned from entering the country.

Hero, Villain, AND Fool: Donald Trump. Trump is a hero in his own mind; in ethics terms, the status is accidental, an example of doing a good and courageous thing for all the wrong reasons. In his typical, bully-in-a china-shop  way, Trump has forced the national debate to focus on nasty realities rather than operate from President Obama’s fantasy world, where radical Islamic terrorists somehow are not Islamic, and Hillary Clinton’s delusion/lie that terrorism has “nothing to do with Muslims, whatsoever” even after two Muslims, because they were Muslims, killed 14 citizens in a terrorist attack. Muslims who have been radicalized or who have ties to terror groups are a real and existential problem that requires a coherent policy addressed at the problem. Chanted nostrums like “This isn’t who we are” don’t get the job done. A frank debate is mandatory, and sometimes only a boor, a maniac or a boob with less than acute intellectual skills will have the guts to force such a debate. Clarence Darrow regarded nut-case John Brown as such a hero, arguing that some problems require someone whose disregard for conventional societal standards to “cut the Gordian Knot.” By Darrow’s definition, then, Trump is a hero. Continue reading →

Ethics Musings Sparked By The Passing Of Ken Beatrice, D.C. Sports Talk Legend

/ Jack Marshall / 4 Comments

kbeatrice2

If you did not live in the D.C. area in the Eighties, you probably never heard of Ken Beatrice, who just died in a hospice at the age of 72. There was a time when Beatrice was the radio sports authority in pro football crazy Washington D.C., and star of the most popular and talked about call-in show of any kind on the local radio. He deserved his popularity, for Beatrice was smart, hard-working, knowledgeable, professional, and nice. His career, its rise and fall, was also a hard ethics lesson, for anyone paying attention, on why it is that good people do unethical things that hurt themselves more than anyone else.

Beatrice’s acclaim arose out of his astounding knowledge of football at all levels, from the pros to high school. I’ve never cared about football, but I listened to Ken’s show just because he was amazing. From his Washington Post obituary:

“His knowledge of pro football players, current and potential, was nonpareil. Call in to ask about the third-string quarterback at a second-tier college, and Mr. Beatrice could tell you the player’s height, weight and 40-yard dash time.He was so attentive to the game, a sportscaster once told The Washington Post, that he was able to recite a team’s depth chart off the top of his head, naming both the starters and the second- and third-stringers who would eventually replace them.”

This doesn’t even do Beatrice justice: you had to hear him. It was like a Las Vegas magic act. A caller would say, “I graduated from Madison High in Rexburg, Idaho, and I hear they have a running back on the football team that may have pro potential…I can’t think of his name..” Continue reading →

Observations On The Civility Meltdown On Fox News

/ Jack Marshall / 9 Comments

Swear_wordsMonday  was “Talk like Jon Stewart Day” on Fox, as two Fox News contributors were quickly suspended after they used vulgarity while discussing President Barack Obama‘s Sunday night address on terrorism. Ralph Peters, a Fox Business analyst called the President a “total pussy,” and Fox News’ Outnumbered panelist Stacey Dash, who said Obama doesn’t “give a shit” about terrorism.

Observations:

I. Yes, the incursion on traditional news reporting by alleged comedy and satire shows like Bill Maher’s HBO conservative-bashing orgy and the various clown nose off and on with lightning speed political commentary shows on Comedy Central was bound to lead to this. It is kind of unfair: Maher can call Michele Bachmann a cunt without consequence, and Jon Stewart can throw “fuck” around like confetti, but their favorite target, Fox News, is limited in its rhetoric as the wits are not. Well, that’s Fox’s burden, and its obligation. It can’t sink to the level of Maher and Comedy Central. This is a clear line. Comics are not obligated to have respect for anyone (even if they do suck up to Democrats more often than not.) Journalists and their guests are required to adhere to professional levels of civility, even when delivering harsh criticism. Continue reading →

FACT: The New York Times’ Front Page Anti-Gun Editorial Was Misleading And Deceitful, And Here’s Why

/ Jack Marshall / 72 Comments

silencers and guns

I already posted on the ethics deficits in the New York Times front page editorial (First time since the 1920s! AHHHHHHH!!!) that was gaining such embarrassing hosannas from liberals and anti-gun zealots over the weekend. To sum up that post, the Times wrongly connected its hype to a terrorist incident irrelevant to its argument, simply to gain emotional traction; made an impossible and largely symbolic demand, focused on a class of guns that has minimal impact on national gun deaths; and, like most calls for “gun control” of late, including the President’s, was aimed at gaining incremental public acceptance of gun confiscation and banning, while pretending otherwise.

That post did not point out, however, that the Times intentionally neglected to inform its readers and those it hoped to persuade (or mislead, panic, or stampede) of the above essential news that is not only “fit to print,” but that must be printed if a newspaper is going to claim that “the attention and anger of Americans should also be directed at the elected leaders whose job is to keep us safe but who place a higher premium on the money and political power of an industry dedicated to profiting from the unfettered spread of ever more powerful firearms.”

The fact is that per-capita murders in the U.S. are at their lowest level since FBI records began (in 1960), and they are trending downwards. There is no “crisis,” at least no gun crisis. Terrorism is another story.

The Times makes the point that “motives do not matter to the dead” (a failed attempt to justify piggy-backing the grandstanding editorial on a terrorist attack that no plausible gun regulations would have stopped), but it is just as true that lethal weapons “do not matter to the dead.” If it is, as the Times piously says in accusing them of callousness and corruption, the job of elected leaders “to keep us safe,” our elected leaders, by the evidence of the statistic, are doing an excellent job. Continue reading →

Observations on the New York Times Front Page Editorial Advocating Gun Confiscation

/ Jack Marshall / 52 Comments

new_york_times_logo

The New York Times, in a dramatic action that it has not engaged in since the 1920s, has published an editorial on page one. At such a moment, a newspaper subjects itself to a very high standard, since it is temporarily turning a news source into an organ of advocacy.  Though the Times’ editorial is motivated by good intentions, passion and (I hope) serious and careful thought, it fails that high standard.

Observations:

1. Early on, the Times says, “It is a moral outrage and a national disgrace that civilians can legally purchase weapons designed specifically to kill people with brutal speed and efficiency.”

Well, from that position, the Times cannot be doubted or criticized. It believes that citizens (the casual switch to civilians assumes that only police and military have a right to deadly force. The Constitution, thankfully, disagrees), apparently, should only be able to avail themselves of weapons that kill slowly and undependably. I don’t agree with that, and I think to agree with that premise undercuts the entire theory of constitutionally guaranteed individual rights.

2. Using the San Bernardino shooting as the launching point for such as editorial is emotional manipulation and unethical. This was almost certainly a terrorist killing. It is doubtful that any legal measures short of confiscating and banning all firearms would have prevented it. As has been the case with other shootings, why is this incident used to justify advocating laws and regulations that couldn’t stop a similar shooting? It’s simple: because people are upset, fearful, and not thinking straight; all the better to mislead them. By the very act of publishing its editorial now, the Times is making the implicit statement that its policy recommendations are germane to this episode. They are not, however. That’s unethical.

3. Reason has headlined its story about the editorial, “New York Times Calls for Immense Expense and Political Civil War To Maybe Possibly Hopefully Reduce Gun Violence by a Tiny Amount.” That is absolutely fair and accurate, and the Times had an obligation, even in an editorial, to reveal what it is really asking for. I know this was ideological advocacy, but even while acting as activists, the Times still has a duty to inform and be transparent.

4. The Times advocates banning and the confiscation of the weapons used in San Bernardino, even though doing this would not have prevented that massacre. Moreover, Slate estimated in 2013 that about 3.5 million such rifles or substantially similar ones are in in the U.S., so what the Times is demanding would require the government buying, confiscating, and searching residences to find all of those.  Notes Reason, with complete accuracy,

What the Times is calling for is, beyond its countable costs in money and effort and the likely further erosion of civil liberties, also (as they surely know) calling for a massive political civil war the likes of which we haven’t seen in a long time. The “assault weapon” ban of 1994-2004, though pointless, just barred the future making and selling of such weapons, and didn’t try to confiscate existing ones.

Is this really a responsible policy recommendation, or just an emotional one? The latter, certainly. As such, it takes the editorial out of the category of public service and places it in the range of partisan warfare. Continue reading →

Ethics Observations On The San Bernardino Massacre

/ Jack Marshall / 100 Comments

shootout1

1. Curse you, Moral Luck. Unless this attack turns out to have been coordinated with ISIS or other international terrorists, its timing and the fact that at least two of the suspects are Muslims and American citizens could easily be the result of random chance. Ethical analysts, pundits, advocates and politicians should resist any temptation to make this incident part of any larger narrative or use it to support any political agenda.

2.  Unfortunately, if the ethical analysts, advocates and politicians shut up until they know something, all we will hear from is the unethical ones, who are far more numerous. Anti-gun zealots will immediately say, “See? Now we’re having a mass shooting every day! Ban guns!” Donald Trump will say, “See? Muslims are dangerous and out to kill us! Ban Muslims!”

3. We have yet to hear from Trump, but President Obama, as is his habit, already proclaimed the root cause of the shooting that has cost 14 lives so far. It’s all the guns. This is certainly the canny argument to make in order to mobilize the anti-gun forces while emotions run high; it signals the Post Sandy Hook Propaganda Push, Part II. That doesn’t make it right or responsible. Continue reading →

Dishonest Headline and Story Of The Month: Breitbart And Reporter John Nolte

/ Jack Marshall / 65 Comments
"Trump Telling The Truth" is about as believable...

“Trump Telling The Truth” is about as believable…

When Andrew Breibart died, the conservative punditry world befouled it self with weepy odes to his bravery and dedication to right’s mission, whatever it is. In fact, he was a sloppy and unethical ideologically biased pseudo journalist, who made Fox News really look fair and balanced and MSNBC seem like the epitome of professionalism. Journalism with an agenda isn’t journalism, and Breitbart’s website never let nuances like facts get in the way of a good smear or a dubious accusation.

Earlier this week I read for the first time—since I avoid Breitbart like I avoid centipedes—that there were rumors that The Donald was sending favors the way of the website, and in return, it had grabbed the niche of pro-Trump media mouthpiece, thus setting itself up to run the Ministry of Truth when he gains power and begins rounding up the Unsuitables. THere’s no proof of this, but it could explain articles like this one today, titled Trump 100% Vindicated: CBS Reports ‘Swarm’ On Rooftops Celebrating 9/11.

To cut to the chase, nothing in the article vindicates  or supports Trump in any way, and certainly not “100%.” That’s pure linkbait, though the disgraceful story holds on to the like like grim death, tossing excuses, equivocations, deceits and logical fallacies at it as if this junk can turn lead into gold. Continue reading →

Trump’s New Jersey Muslims 9-11 Celebration Lie Justifies A Nazi Label

/ Jack Marshall / 24 Comments

trump-salute

The current controversy—except there’s no disagreement on the facts, so it isn’t really a controversy—over Donald Trump’s unretracted statement that he saw “thousands” of New Jersey Muslims celebrating the Twin Towers’ destruction on 9-11 is materially different from the other items on the list of his various outrageous insults, vulgarities and misrepresentations. It’s a Big Lie, the device perfected and employed by Hitler and Goebbels, a weapon of totalitarianism. Other American politicians and leaders have dabbled in the technique, of course. I flagged the false accusation that the Republicans “stole” the 2000 Presidential election as a Big Lie; so is the Democratic cant that Bush “lied” about weapons of mass destruction. The “War on Women” is a Big Lie. Birthers are engaging in Big Lie politics—so is Rep. Alan Grayson (D-Fla), who insists that Ted Cruz isn’t a “natural born” American. The Truthers are Big Liars. Black Lives Matter was built on the Big Lies that Trayvon Martin and Mike Brown were murdered. The current claim, being treated with disgusting respect by journalists, that white America is engaged in systematic black genocide is a Big Lie.

Most of these, however, are really Little Big Lies. They are dangerous and destructive, but not in Goebbel’s league. Trump, however, is using a Big Lie to impugn the patriotism and trustworthiness of a group of citizens based on their religion and cultural heritage, and attempting to stir up purely group-based hate. To hell with Hanlon: this is Nazi Propaganda 101, and deserves to be identified as such directly to Donald Trump’s face.

There is no debate over whether Trump could have “seen” thousands of Muslims whooping it up on TV (like blacks celebrating O.J.’s acquittal for gutting his wife), because no such video was taken, broadcast, or archived. If there were such celebrations, Trump didn’t see them, unless he somehow obtained George Burns’ magic TV from the old Burns and Allen sitcom, on which George was able to see what his wife, friends and neighbors were doing while he chatted with the TV audience. If Trump did see such a non-existent broadcast, he couldn’t have seen “thousands,” unless there was a ’round the state relay, like they do on New Years Eve at midnight, going around the country to show simultaneous celebrations.

Trump didn’t see it. He couldn’t have. There is no controversy.

Yet he still claims he did, and has a team of paid liars telling media interviewers he did. He could have said he was mistaken; he could have said that he confused televised scenes of Muslims abroad celebrating (though not “thousands”) with accounts of some Muslims celebrating in New Jersey, and apologized. He didn’t though. He stuck to a false story after he had to know it was wrong, and that makes it a lie. The fact that the lie tacitly suggests that American citizens of the Muslim faith lack loyalty to their nation and love of their fellow citizens whom they cheered to see murdered  makes it a Big Lie. Continue reading →