Law & Law Enforcement

“Welcome July, You Can’t Possibly Be A Bad As June” Ethics Warm-Up (Or Can You?)

/ Jack Marshall / 9 Comments

Let’s try to get this month off to an ethical start….

1. Well, this sure won’t do it…Today’s Spineless Administrator Award goes to… Along with other university leaders, he  pressured Stephen Hsu to resign from his position as vice president of research and innovation after the school’s Graduate Employees Union , which represents teaching and research assistants, examined Hsu’s blog posts and interviews in search of damaging statements that could justify his “cancelling.”  Hsu had, after all, cited with favor a study that found police are no more likely to shoot African-Americans than anyone else. “We found that the race of the officer doesn’t matter when it comes to predicting whether black or white citizens are shot,” concluded the Michigan State-based research.

It is not the only study that reached this conclusion, but as you have no doubt noticed, for now at least,  Facts Don’t Matter.

The graduate union maintains that administrators should not share research that runs counter to public statements by the university, “It is the union’s position that an administrator sharing such views is in opposition to MSU’s statements released supporting the protests and their root cause and aim.”

Hsu stepped down from his vice president role, but will stay on as a physics professor. The union had circulated a petition against Hsu and an open letter signed by more than 500 faculty and staff at Michigan State argued that Hsu supports the idea that intelligence is linked to genetics. A counter-petition in support of Hsu has had more than 1,000 signers, including many fellow professors from across the country, stating in part,

“To remove Hsu for holding controversial views, or for inquiring about controversial topics, or for simply talking to controversial personalities … would also set a dangerous precedent, inconsistent with the fundamental principles of modern enlightened higher education.”

On his personal website, Hsu rejected the claim of “scientific racism,” stating  that  he believes “that basic human rights and human dignity derive from our shared humanity, not from uniformity in ability or genetic makeup.”

President Stanley defended his decision to pressure Hsu to resign in a statement on June 19:

“I believe this is what is best for our university to continue our progress forward. The exchange of ideas is essential to higher education, and I fully support our faculty and their academic freedom to address the most difficult and controversial issues.”But when senior administrators at MSU choose to speak out on any issue, they are viewed as speaking for the university as a whole. Their statements should not leave any room for doubt about their, or our, commitment to the success of faculty, staff and students.

Continue reading →

SCOTUS Approves State Tuition Aid For Students To Attend Religious Schools

/ Jack Marshall / 4 Comments

People gather outside the Supreme Court building as the court hears oral arguments in the Espinoza v. Montana Dept. of Revenue case in Washington, U.S., January 22, 2020. REUTERS/Sarah Silbiger.

This opinion just came down, and I haven’t had an opportunity to read it, and probably won’t until tomorrow.  In Espinoza v. Montana Department of Revenue, the justices held that the application of the Montana Constitution’s “no-aid” provision to a state program providing tuition assistance to parents who send their children to private schools discriminated against religious schools and the families whose children attend or hope to attend them, in violation of the free exercise clause.  This was a straight conservatives vs. liberals majority, and Chief Justice Roberts, much maligned of late, wrote the majority opinion. The Washington Post  reports,

Chief Justice John G. Roberts …said the Montana Supreme Court was wrong to strike down the program because of a provision in the state constitution that forbids public funds from going to religious institutions. The U.S. Constitution’s protection of religious freedom prevails, he said.

“A state need not subsidize private education,” Roberts wrote. “But once a state decides to do so, it cannot disqualify some private schools solely because they are religious.

Again, I haven’t read the legal arguments, but the ethical justification for the opinion is clear. If public schools could be trusted not to indoctrinate students with political view and social positions that their parents might oppose, the urgency of the state providing affordable alternatives would be far less. However, alert and involved parents realize, or should, that by sending students to public schools, they are too often subjecting them to partisan and ideological brain-washing, and we are seeing the results in the streets as I write this. There need to be alternatives other than home-schooling. The ethics principles here are fairness, respect, and autonomy. Continue reading →

The SCOTUS Decision In June Medical Services v. Russo

/ Jack Marshall / 8 Comments

This post just leapt over several others because the case was just announced.

The Louisiana Unsafe Abortion Protection Act, enacted in 2014, requires physicians performing abortions in Louisiana to have the right to admit patients to a hospital within thirty miles of the place where the abortion is performed. The law is virtually identical (as today’s opinion points out) to a Texas law that the Court held in Whole Woman’s Health v. Hellerstedt was unconstitutional four years ago by a vote of 5-3. In a vote that will have conservative bloggers’ heads exploding  like fireworks, Chief Justice John Roberts, who had been among the dissenters in the Texas case, joined the four liberals in ruling that the Louisiana law is also unconstitutional, while saying that he still believes that the Texas case was wrongly decided.

The decision is here. SCOTUS Blog’s coverage is here.

I won’t comment on the dissents—-there are several—because I haven’t read them yet.  (But I would bet my head that Justices Alito and Thomas essentially recycled their previous objections to Whole Woman’s Health v. Hellerstedt. ) However, I wrote at length about the Texas case in 2016, and upon reviewing it, I see nothing substantially different from what I would conclude about today’s decision. in both cases, it seems clear that the state was using a pretextual safety measure to restrict abortions as much as possible.  Then I wrote, Continue reading →

Ethics Dunce AND Incompetent Elected Official Of The Month: Hancock, Maryland Mayor Ralph Salvagno [Corrected]

/ Jack Marshall / 21 Comments

This would be unethical if a child did it. For a town’s mayor to do it would be head explosion-worthy, except that the behavior of municipal leaders during the George Floyd Freakout has been so constantly outrageous that it has raised the bar for “Kabooms.”

I guess that’s a silver lining.

Ralph Salvagno, the mayor of Hancock, Maryland, (population 1500 or so) painted over two images of the Confederate battle flag in a privately-owned mural on a wall outside the Town Tavern.

“I think I did the right thing,”said Salvagno.

He’s wrong, and he’s also an idiot.

Though the mural was in bad shape even before Salvagno’s vandalism, its message is no more and no less than that there was an American Civil War. See those triangles pointing in on the two flags in the drawing? They mean that the North and the South were fighting each other. The flags of the opposing sides symbolize the Union and the Confederacy. The artwork (and there are hundreds of similar, if better, such paintings) tells onlookers that there was an American Civil War, and, you know, there was. In addition to preserving the United States of America, that horrible conflict also ended slavery, and began the long road of recovery for American blacks and the nation. Americans need to know about that war, and understand it.

The Hancock mural may be cheesy, but all reminders of our history are useful. Lately there have been episodes where foolish officials have behaved as if the mere mention of one of the most important events in American history is “offensive.” Last week, the University of Oregon and Oregon State University announced that they will no longer refer to games between their athletic teams in their long-standing rivalry as the “Civil War,” because, UO director of athletics Rob Mullens said in a meaningless statement, “We must all recognize the power of words and the symbolism associated with the Civil War.”

Salvagno’s reasoning for destroying the property was rock-dumb but familiar. The mayor said he is concerned about the message conveyed by the flag, and that the images could have sparked anger if the George Floyd mobs came  to the small town. Continue reading →

End Of Week Ethics Clean-Up!

/ Jack Marshall / 7 Comments

I blame Woodrow Wilson.

I like to start the week with a clean slate, especially now, when the George Floyd Freakout finds new ways to shatter previous standards of public decorum, civic decency, and respect for nation and community. However, despite over 3,000 words in three posts today, I still had to leave several stories on the bench that I wanted to explore.

Here they are:

ITEM: “18 shot in 24 hours as spike in gun violence in NYC continues”

What a coinky-dink! As soon as  Bill De Blasio, one of those Democratic mayors that Philip Bump says did nothing to make his city more violent, disbanded the NYPD’s  anti-crime unit, the city  had an explosion of shootings. Police said a total of 70 people were shot this week, compared to 26 the same week last year.

This is what more communities have to look forward to as a result of city officials across the country putting their virtue-signaling embrace of white guilt and Black Lives Matter ahead of the welfare of citizens.

ITEM: “New Jersey politicians charged in massive mail-in ballot voter fraud scheme, face years in prison”

Of course,  corruption in New Jersey politics is hardly news, but this story is ironic as Democrats are claiming that Republican opposition to mail-in voting is motivated by a desire to suppress election participation rather than a legitimate concern about the ease of voter fraud.

“New Jersey Attorney General Gurbir Grewal charged Paterson City Councilman Michael Jackson, Councilman-elect Alex Mendez, and two other men after the U.S. Postal Inspection Service alerted the state attorney general’s office that it had found hundreds of ballots from a special election last month stuffed in a single Paterson City mailbox,” InsiderNJ reported. According to WNBC-TV, more than 3,000 ballots were set aside over voting fraud concerns in the Paterson City Council election — 16,747 were received, but only 13,557 were accepted — meaning a whopping 19%, or nearly 1-in-5, were rejected. More than 800 of the rejected ballots were invalidated because they were found tethered together in mailboxes. This was especially significant because the margins in two of the contests were razor thin.

I had a devil of time finding out the party affiliation of the politicians charged in multiple news sources. That usually means that it’s a Democratic scandal. It was.

ITEM: “Denver “proactively” removes Kit Carson statue from downtown monument ahead of protests” Continue reading →

Sunday Ethics Reflections, 6/28/2020: For The Defense….

/ Jack Marshall / 24 Comments

Greetings from the Ethics Alarms bunker…

1. I’m current reflecting on a personal and professional ethics conflict. A colleague and long-time professional competitor—I would never call him a friend—has been ousted from his leadership position in the very successful organization he founded as a result of unproven allegations of sexual harassment and assault. It was a “believe all victims” situation, as well as what feels like a successful coordinated effort to “get” someone who had accumulated a lot of enemies, resentment and envy in a notoriously nasty industry once his power was waning.

On one hand, I feel like I should reach out to him and offer my guidance and support (as an ethicist and sexual harassment trainer, not a lawyer, and gratis, of course). On the other, I am pretty certain that he is guilty of at least some of what has been alleged, based on confidential accounts I have recently heard from reliable sources. Ethically, however, his ousting (it appears that he was given the option of “retiring”) lacked due process and fairness, and the organization was guided by public relations motives rather than legal or ethical ones.

Whose side should I be on?

2. Stop making me defend Facebook! As if there wasn’t enough to worry about, the aggressive pandering mode of corporations right now is being exploited by would-be censors of political speech. Facebook CEO Mark Zuckerberg announced updated election policies and stricter “hate speech” rules in response to employee protests and pressure from activists, whose transparent objective is to silence or constrict any political views antithetical progressive positions and goals. In a message last week, Zuckerberg  outlined plans to police disinformation relating to voting and elections, to flag certain content that risked triggering violence (I wonder what  that standard is like today?) and concluded,

Continue reading →

From The Washington Post: A Fake News Classic!

/ Jack Marshall / 28 Comments

And, of course, a “Nah, there’s no mainstream media bias!” masterpiece.

For shame.

Here is the headline:

Trump keeps claiming the most dangerous cities in America are run by  Democrats. They aren’t.

To be fair, the writer of the piece, apparently insane Post reporter Philip Bump, focuses on the President’s statement that the top twenty most dangerous cities are run by Democrats. Gotcha! Bump triumphantly produces this stunning graph to prove that, once again, Trump has lied, the bastard:

Ah HA! See??? Continue reading →

Ethics Dunce: The Archdiocese of Detroit

/ Jack Marshall / 7 Comments

Terry Gonda has been a loyal member and supporter of the Catholic church for decades, serving as musical director of her parish for over twenty years. She is gay, but never hid the fact from her family, friends, church or pastors. She was also married, to another woman, naturally. This wasn’t a secret.

However, somehow the word got to the Detroit Archdiocese, where it was deemed that her same-sex marriage made her morally unfit to keep her job. On June 12  she received an email reading,  “The Archdiocese is choosing to activate its morality clause to terminate your employment.”

The blow came  just three days before the Supreme Court ruled that employers couldn’t fire workers based on their sexual orientation or gender identity.

Whether the ruling will apply to religious organizations is the subject of other cases before the Court, which heard oral arguments last month in Our Lady of Guadalupe School vs Morrissey-Berru, a case about whether teachers at private, religious schools are subject to the exception in the Civil Rights Act.

Gonda says that her Catholic mentors and employers always modeled Pope Francis’s compassionate and tolerant attitude toward homosexuality. She was never shunned for being gay, nor after her 2011 marriage to  Kirsti Reeve, 51. (That’s Kristi on the left, Terry on the right.) Terry told an interviewer that she is certain the Church believes “they’re doing the right thing — they’re trying to protect the church.” Continue reading →

Mid-Day Ethics Reflections, 6/24/2020: Bombshells Bursting In Air!

/ Jack Marshall / 29 Comments

Always appropriate, any day, any time…and besides, they tore down the author’s statue. This is his memorial…

1. As for monuments…the Governor of South Dakota,  Kristi Noem, responding to suggestions that Mount Rushmore would soon be on the George Floyd mob’s hit list, said curtly, “Not on my watch.”

It is not so fanciful a notion, since three of the four Presidents on the mountain have had statues toppled, and the fourth, Lincoln, now has his own statue under fire.  The Freedmen’s Memorial Monument to Abraham Lincoln in Boston’s Lincoln Park is targeted by an online petition as is its original, the statue that stands in Washington D.C.’s Lincoln Park. The fact that the statue was commissioned and paid for by freed African-Americans appears to have no importance to the statue-topplers whatsoever.

After all, Facts Don’t Matter.

2. If there is a shark. she will jump it. House Speaker Nancy Pelosi asserted in an interview Tuesday that Republicans are “trying to get away with murder, actually — the murder of George Floyd.” We must remember this when it is determined that the police involved in Floyd’s death can’t get a fair trial because the second highest ranking elected official in the country declared Floyd to be a murder victim before a trial.

A Democratic-run city (for over a half-a century) with a Democratic mayor and and overwhelmingly Democratic City Council (without a single Republican), in a state with a Democratic Governor, oversaw a police department that has been criticized for its conduct long before Floyd’s death, did nothing to remedy the problem, and now faces the consequences.

By what possible distortion of facts and logic can it be argued that Republicans are “trying to get away with murder”?

Once again, another question must be raised: how could CBS News Radio correspondent Steve Futterman, hearing Pelosi’s accusation, not point this out and still presume to be called a journalist? Continue reading →

Morning Ethics Warm-Up, 6/22/2020: Let’s Stop Moping Around! Get Up! Get Out! Attack The Day! [Now With Leonard Bernstein!]

/ Jack Marshall / 62 Comments

 

Update: I decided we needed a less pokey version, so now we have Leonard Bernstein’s, and the whole thing. THAT should cheer you up…

Boy, am I sick of everyone telling me how depressed they are.

1. Translation: “I’m an idiot.”  Now Seattle Mayor Jenny Durkan is saying  that the city will close the so-called “Capitol Hill Autonomous Zone.” It turned out to be exactly what anyone with any sense predicted it would be, with three shootings so far and a rape, along with a leader ( war lord?) who had the gall to complain when the Seattle EMTs didn’t immediately respond when shots rang out. The mayor  had said that the anarchist outpost would lead to a “summer of love,” marking her as a Sixties-romanticizing dolt, but now she says she was obviously joking-–yes, the Joke Excuse. She never said it was “in jest” before the completely predictable violence broke out.

I apologize for not highlighting her as an Incompetent Elected Official of the Month, but she was competing with Bill De Blasio.

2. Fearmongering. It should be apparent by now that the news media does not want the country to re-open, does not want the economy to begin recovering before the election, and is pushing its anti-reopening goal through fearmongering, in part by focusing on isolated cases of individuals getting hit by the Wuhan virus particularly hard.

This morning HLN kept repeating a long feature about a thirtyish Broadway star who has been disabled by the virus for 80 days, and another man not in a high-risk group who has been suffering for 100 days. The Times and the Washington Post are full of apocalyptic reports about the number of cases rising. Another news outlet said, “The U.S. reported more than 33,000 new coronavirus cases on Saturday – the highest total since May 1 – while the surge of infections in several states is outpacing growth in coronavirus testing.”  ARRRGH! We;re DOOOMED!

One commentator called this “needless” frightening the public. Wrong. It is  needed because it is a part of the ongoing effort to defeat President Trump.

The Centers for Disease Control predicted that cases would increase as the country reopened, not that it has much credibility at this point. Remember? The lock down was never intended to stop the spread of the disease, but to slow it down,  flatten the curve, stock up on supplies, fix the CDC’s testing botch, and find treatments. That was mostly accomplished. The nation cannot continue to let the economy deteriorate: depressions kill people too.

Meanwhile, the death rate is declining even as the number of cases spike, and there’s a reason for that. In all outbreaks, a disease claims the most vulnerable first. This is known as Farr’s Law, named after William Farr,  a British epidemiologist and early statistician  who recognized the importance of death statistics and identifying causation. Not only has the current epidemic claimed many of the most vulnerable in the U.S., thanks in great part to the catastrophic decision of states like New York to send infected seniors to nursing homes, millions of Americans have antibodies.

The combination means that even if there are lots of new cases going forward, the death toll is likely to be far less severe than it has been. Do not hold your breath waiting for the media to explain this.

Just for fun,  check and see how many news organizations have mentioned Farr’s Law. Continue reading →