Law & Law Enforcement

Morning Ethics Warm-Up, 3/26/18: “Baseball Season Begins This Week So Nothing Can Upset Me” Edition

/ Jack Marshall / 109 Comments

Good morning!

1 A Comment Of The Day. I apologize to Aleksei for not devoting a full post to his excellent commentary, but the posts have been more than a little Parkland Shooting Freak-Out—yes, that is what it is—heavy of late, so I’m highlighting his comment here. I’m also going to torment my temporarily reason-deficient—for that’s what they are—Facebook friends by quoting it.

So I went to the Boston “March for our lives” as an educational thing, because I’ve never been to one of these, and I wanted to talk to people about why they were marching. I am on the pro-gun side. The signs they had definitely were variations on what Jack has provided here. The sign with the kid in the subway car, that’s actually the Boston Red Line.

This march was definitely an emotional thing, because of the 10+/- people I spoke with, nobody was very knowledgeable on guns, gun laws, background checks, what is an assault rifle, the failings of government  in the Texas church shooting, the Parkland shooting, etc. On average, older people were more willing to have a longer conversation. On average, younger people were more irritated with me, once I told them what side of the issue I am on. I was polite and respectful, so there was never a brawl or anything.

I talked with the college girls with one of the more egregious signs ( “2nd amendment = white supremacy”) and they gave me the whole systemic racism shtick. They also had NRA = terrorism. They said the NRA buys politicians. I gave a counter example, that Planned Parenthood donates a lot of money too, where I was cut off immediately and told, that’s different, they’re not murderers, and it’s nowhere near what the NRA gives. [ Ethics Alarms note: This is not accurate.] Another woman I talked with, late 20’s maybe, told me how could I look into the eyes of children that are scared for their lives and not do something. I told her that it saddens me that kids are scared, but it saddens me more that the police failed, the school failed, and the FBI failed in Parkland. She didn’t rebut me and I wished her a good day.

I also was surprised when some young people asked me, if I don’t agree with the march, what am I doing here? I told them that this is a free country, I can be here if I want and that I can speak with other fellow Americans, even if we don’t agree on everything. On a positive note, people told me they appreciated my desire to hear the other side and learn more. It was an interesting experience, but like Jack said earlier, it was a “scream at the sky” fest. Also, the chants were boring. “Hey, Hey, NRA, how many kids have you killed today”, “What do we want? Gun Control! When do we want it? Now!”, “No more guns! No more guns!”, and so on and so forth. I want to say there were more women, there were families with children, which also had signs, people from kindergarten age to old age pensioners.

Observations:

  • Bravo for Aleksei, and anyone else who had the patience to do this. My aversion to protests,demonstrations and rock festivals. along with the brian-numb, herd-like vibe the emit. goes back to my teens.  I just couldn’t do what he did.
  • Can’t somebody write some new protest chants? Do the chanters know that recycling Vietnam peace chants just reinforces the belief that this is all generic generational bitching, and more reflex that thoughtful? If I hear “Hey, Hey” in a demonstration, it only  makes me giggle. A friend in college would react to these chants by raising his arm in a protest fist gesture and shouting “Right arm!”
  • Here is another eye-witness report.

Continue reading →

Comment Of The Day: Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org [#2]

/ Jack Marshall / 4 Comments

Here is the second of two Comments of the Day regarding the post-Parkland gun control freak-out, authored by recent addition to the commenter ranks, OhThatGuy, on the post, Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org.

(The first is here.)

The real issue, at least from my perspective, isn’t guns and gun control. Yes, this is one of the big emotional triggers right now, has been for years, and will continue to be so as long as there exists a gulf between those who enjoy the rights and benefits granted by the 2nd Amendment and those who do not.

The underlying concern to me is the lack of independent thought. While this is somewhat excusable in kids, it’s not in what are supposed to be adults. Displays such as the walkouts and marches are nothing more than peer pressure or what I call the Bandwagon Principle or Bandwagon Effect– doing something simply because others (in my peer group) are doing the same thing without any actual thought put into the decision. I see this on a daily basis – I teach juniors and seniors in high school.

Growing up, my parents, especially my father, were as near as I can remember, completely objective about things. There were no passionate appeals to emotion regarding the hot topics of the day. I was encouraged to read and form my own opinions about things as none were supplied to me from Mom and Dad. We (my friends and I) read the two newspapers available each day as well as Time, Newsweek, and other publications. This was in the early to mid 80’s so we weren’t subject to the cacophony of modern media but were as well informed about current events as most teens could be. The short version is, if I was to have a publicly stated opinion about something, I’d better have some idea what I was talking about and some facts to back it up. Any discussion of an issue that started with “I feel that…” or “They need to do SOMETHING!” wouldn’t have lasted very long. I don’t remember ever being told anything about what to think on a subject or even led to a conclusion to fit what my parents thought I should think. It simply wasn’t how they operated. Continue reading →

Comment Of The Day: Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org [#1]

/ Jack Marshall / 15 Comments

Here is JP’s Comment of the Day on the post, Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org:

I have largely been silent on the issue this time around. I have seen nothing that contributes to the debate and thought I had nothing to add since the Vegas incident. Mostly, if someone asks, I just refer them to my earlier points on why banning bump stocks and strengthening the Brady Law  not will not change anything.  However, it seems today my more liberal and conservative friends have been posting quite a bit on the subject and I thought now might be a good time to tackle the issue again by looking at problems on both sides and finding a solution.

First, let’s start with some of the conservative talking points.

  • “If someone is determined to hurt people and commit a felony, what’s to say that they won’t break a law to get their hands on a gun to do it?”

This may be true, but it is doesn’t move the dialogue forward and is often used deceptively. It is basically saying that since criminals don’t obey laws, anyway, why have a law? By this logic, we could apply the following to Trump’s desire to build a wall. Walls have not proven to be effective in stopping people wanting to come in, so why build a wall? I don’t understand why conservatives who use this logic don’t apply it elsewhere. Laws are largely there as deterrents. People will not do something because it is against the law regardless of how pointless they see it (I guess this is why I always get stuck behind that Kia doing 65 on the interstate). A psychologist found that most of the population is motivated to do things by one of two factors: sympathy and empathy. or law and order (I think this sums up the current gun debate).

Second,

  • “Cars kill more people than guns do, yet we don’t ban cars.”

This is a strawman argument, and not even good one. Cars are highly regulated, require an age limit, require a permit of sorts, a registration, require training and safety ((things the left claim to want for guns) and are designed for transportation, not to kill. They can and have been used to kill people, but that is not their primary purpose. In fact, it is a gross misuse of their purpose. The argument falls further apart because while you have a right to a gun, you do not have a right to own a car. The government could decide to remove all cars (for whatever reason); this is an apples to oranges comparison.

Third, Continue reading →

Preface: On The Comments Of The Day Regarding “Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org”

/ Jack Marshall / 2 Comments

The recent post on the incredibly annoying Change.Org petition backing the “March For Our Lives’ sparked two epic Comments of the Day. I am gratified. That idiotic petition was signed by one of my favorite people alive, and this both inspired the post and made me depressed even before my left-wing Facebook friends started making one terrible argument after another in defense of the thing. (Not  a word from the signee. I have a feeling she was so moved by her two teenagers, even though she knows better. I hope that is the excuse. Creeping dementia would be the only other explanation.)

This is a strange issue: the ethics really orbit around tangential matters rather than the alleged controversy itself. The Second Amendment isn’t going anywhere, no matter how loud the screams are or how many demonstrations there are. As is often noted on Ethics Alarms, I am not interested in abstract ethics without real life consequences; indeed, ethical formulas that only work in theory aren’t ethical. To me, the ethics issues following the Parkland shooting are,

  • The cynical exploitation of the children by the Left
  • The equally cynical, and unwise, hesitation to hold them accountable for their worse excesses in rhetoric
  • The recycling of bad statistics and demonstrably (and demonstrated) bad arguments that have been used before to mislead and frighten the public, and
  • The unethical cheerleading  for the anti-gun position by the news media and pundits.
  • The unusually vivid disconnect between the actual facts of the Parkland shooting and the measures being “demanded” in its wake.

The fake controversy—Should the United States allow law-abiding citizens to arm themselves with reasonably state-of-the-art firearms for whatever lawful purposes they decide are necessary and to the extent those citizens feel necessary?—isn’t on the table. This is the United States of America, and that question was answered long, long ago. As long as it is the United States of America, the answer will be the same. Those sufficiently unwilling to accept that fact really are well-advised to consider Australia. I don’t say this as a “Love it or Leave it” rebuke. I’m sorry such people don’t like the basic values and culture of the country, but I would have a similar suggestion for a friend who is determined to keep protesting that the U.S. should make its national language Danish, except, of course, then I would recommend repatriation to Denmark.

The two comments will follow now in successive posts without further musings by me…

Morning Ethics Warm-Up, 3/25/18: “March For Our Lives” Hangover Edition

/ Jack Marshall / 19 Comments

Good Morning!

1 Exploitation carnage. I feel so sorry for David Hogg. No teenaged male so obviously locked into the arrogation asshole stage of the maturation process, should be exposed to public scrutiny like this. His intemperate and foolish rhetoric will haunt him for the rest of his life. He will either be humiliated when his brain cells kick in, or he will develop into a full-fledged monster. What if he wants to go in a different direction in his life and career? I wouldn’t hire him. Who would? He’s restricted to left-wing activists until he changes his name or does a high-profile mea culpa and goes on a reinvention tour. Celebrity, as Paul Petersen has spent his life trying to teach us, is disastrous for kids; never mind: the cynical, ruthless partisan operatives who made Hogg into their weapon and shield don’t care about him, just the momentary political advantages he represents. When he is chewed up and spit out, as he certainly will be, they will have forgotten his name.

2. A half-Fick sighting! A (she says) transgender woman who calls herself “Lauren” on Twitter claimed to be drugging attendees of a conservative conference in Phoenix, Arizona yesterday, tweeting

“I love my job at the phoenix convention center starbucks and i love slipping my spare estradiol pills in the coffee of anyone wearing a #WesternConservativeConference lanyard.”

Morning Ethics Warm-Up, 3/24/18: Ethics Musings While Not Marching [UPDATED]

/ Jack Marshall / 34 Comments

A Good Saturday Morning To All!

[If you had a speech impediment and lisped your “s’s”, would you choose this song as your only solo among the repertoire of your singing group? Why didn’t Karen tell her bother? This has mystified me for decades…]

1  It’s irrational and pointless fury day in D.C. Today hundreds of thousands of intellectually dishonest, ignorant or purely emotional citizens will be doing the equivalent of screaming at the sky to call for “something” to be done about gun violence., because “think of the children.” Yes, I think that’s a fair characterization.

Given the chance to suggest actual measures that would stop the equivalent of the Parkland shooting, one of my usually rational but currently virtue-signalling-to beat-the-band friends really made this pathetic argument in response to a Facebook post that was a shorter, gentler version of what I just posted on Ethics Alarms: ‘Where is your empathy? Would you feel this way if your son had been killed in the Parkland shooting?”

Can you believe that? “How would you feel if you were so emotionally ruined, angry and despairing that you couldn’t think straight?” Why, I believe that I would be so emotionally ruined, angry and despairing that I couldn’t think straight—and thus useless to any serious and objective public policy discussion. As I told my friend, when “Why can’t you be irrationally and emotionally biased like the rest of us?” is your reflex rebuttal, you’ve got nothin.

2. Related: YouTube is banning gun instructional videos. This a part of a growing trend in the online platform world to attempt to constrict information and discourse according to ideology and partisan preferences. There is no more justification for banning how-to videos about guns than there is for banning how-to videos for chain-saws. The social media companies are going to have to be regulated as common carriers, or the right of free speech and access to information will be slowly strangled by these left-wing, high-tech, useful idiots.

3. From the ” Tragic Misunderstandings of the Cognitive Dissonance Scale” files. Lindsay Lohan is the new spokesperson for Lawyer.com. What, O.J. wasn’t available? Continue reading →

Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org

/ Jack Marshall / 19 Comments

This page, the petition for gun control to “save our children” is what earns the “honor.” I see many Facebook friends, many on whom are genuinely gifted intellectually, surrendering to emotion and signing this junk, as junk it is. The petition neatly encapsulates the serial intellectual dishonestly,  misleading rhetoric and appeal to emotion that we will see bloviated all over the National Mall this weekend: I guess that has some value for historical purposes. Otherwise, it is an engine of ignorance designed to either attract the ignorant, make the less ignorant more so, or deceive.

Let’s look at this mess, shall we?

In the tragic wake of the seventeen lives brutally cut short in Florida, politicians are telling us that now is not the time to talk about guns. March For Our Lives believes the time is now. Created by, inspired by, and led by students across the country, we will no longer risk our lives waiting for someone else to take action to stop the epidemic of mass school shootings that has become all too familiar.

Nobody is saying that “now is not the time to talk about guns.” Who has said that? The statement is straw man. Agreed: now is a good time to talk about anything: guns, pangolins, acne, cabbages and kings. We have a First Amendment as well as a Second, something those Other Civilized Nations that are always being extolled in the gun debate don’t have.

Created by, inspired by, and led by students across the country, we …

Not to be pedantic, but a serious petition should be written by someone  who can speak the language. Signers are created by students? It’s bad enough that they are being led by students, who are after all, students. They do not know enough, either through knowledge or experience, to be seriously participating in a complex policy debate, much less leading it.  “We, the undersigned adults who are duty-bound to be teaching and leading our rising generation, are allowing them to dictate to us.” Good plan. How can anyone sign such a petition and not hide their head under a bag?

…will no longer risk our lives waiting for someone else to take action to stop the epidemic of mass school shootings that has become all too familiar.

This is pure appeal to emotion rather than reality. The existence of the right to own guns no more “risks lives” than the existence of anything else that is dangerous when misused. There are 10.6 deaths per 100,000 U.S. citizens due to guns according to latest statistics, including those of suicides and those killed by law enforcement. Three times that many die in alcohol-related automobile accidents. Nobody argues that we risk our lives because “someone” hasn’t taken “action” (aka, “do something,” “make it go away” “make us feel safe when nobody in a free society is ever safe”, aka. “ban and confiscate guns.”) regarding that risk we accept as part of living in a free society that includes jackasses, fools and criminals, and that’s just one of many.

There is no “epidemic” of school shootings. Students in school are safe; if they don’t feel safe, it’s because of fear -mongering from activists and the news media.

“We support the right of law-abiding Americans to keep and bear arms, as set forth in the United States Constitution.”

No, you obviously don’t. This is a pure lie (or inexcusable stupidity.) A movement called “Never Again” is either lying in its title by implying that any public policy, laws or regulations will guarantee no more gun deaths, in schools or anywhere else, or it is telling us its real purpose in the name, while lying about the movement’s real intent.

Many, many, if not most mass shooters were “law-abiding” until they started shooting. This statement either endorses pre-crime measures, profiling citizens to decide if they are a risk to eventually abuse gun rights—unconstitutional—is magical thinking, or is, again, a lie. The statement—and while it is always a fine time to talk about guns, it is never a fine time to resuscitate this zombie tautology that the NRA has been knocking down for decades—is self-rebutting.  Laws only affect law-abiding people, as long as they obey laws. Restrictive gun laws are violated by criminals, because they don’t obey laws. Nobody has ever explained how a law will not infringe “ the right of law-abiding Americans to keep and bear arms” while somehow keeping the same kinds of arms out of the hands of those who are not law-abiding. This is because it’s impossible.

“But with that right comes responsibility.”

As an ethicist, I object to a cynical use of the language of ethics to deceive, which is what this is. If the topic is responsibility, then we are talking about law-abiding citizens again, as well as ethical ones. They usually don’t use guns irresponsibly, or if they do (like killing themselves), such irresponsible use is not addressed by the measures proposed here. If I am a law-abiding citizen, I won’t be more likely to abuse my gun ownership whether I have had a background check or not. Irresponsible gun ownership includes not keeping guns where children—you know, citizens the age of the people “leading” those who sign the petition—can find them and hurt themselves and others. It includes not learning how to use a gun safely and appropriately. This petition isn’t about promoting responsible gun ownership. It’s about replacing the right to own guns responsibly with the right to own sling-shots.

We call on all the adults in Congress elected to represent us, to pass legislation that will protect and save children from gun violence.

There it is: “Think of the children!” A pure, unadulterated, inexcusable appeal to emotion over facts and reason. Continue reading →

Morning Ethics Warm-Up, 3/23/18: The All-Disposable Edition…Legal Ethics, Budgets, And Grocery Bags

/ Jack Marshall / 10 Comments

Good Morning…

1. More Professionals Behaving Badly: The news media has widely reported that Ted Olson of the law firm Gibson Dunn refused Donald Trump’s request for his legal services. Olson, who is best know for arguing  the Bush side of Bush v. Gore that ended the 2000 Florida recount,  had declined to comment on this to the media but a partner in the firm Gibson Dunn’s “global co-chair” issued a tweet that Olson was not going to be representing the President. This is a straight-up violation of an attorney’s ethical duty  of confidentiality to a prospective client.

In other Trump lawyer news, the media is also widely reporting that John Dowd resigned from the President’s legal team over the President’s refusal to accept Dowd’s advice that he not agree to give testimony to the Special Prosecutor. Telling the news media that—telling anyone that—would also be a breach of confidentiality on Dowd’s part.

2. Per se legislative incompetence. Once again the Senate and the House passed a huge bill with massive implications and consequences without reading it. The legislation funds the federal government for the remainder of the 2018 budget year, through Sept. 30, directing $700 billion toward the military and $591 billion to domestic agencies. The military spending is a $66 billion increase over the 2017 level, and the non-defense spending is $52 billion more than last year. It also further explodes the deficit and the debt that bring the United States one step closer to a ruinous financial reckoning. The Democrats have been happily on this path for the entire 8 years of the Obama administration, but the Republicans rode to power in part because the public recognizes how insane this is. The GOP couldn’t even muster a cut in the arts spending that it has been promising since the Reagan administration, or to finally cut ties with public television, though Big Bird fled the nest years ago. Continue reading →

Morning Ethics Warm-Up, 3/20/18: Life, Death, Fairness, Dissonance And Sanity

/ Jack Marshall / 17 Comments

1 Let’s see more of such Ethics Heroes, please… In Upper St. Clair, Pennsylvania,  John Orsini, has gone to court to stop his ex-wife from allowing their son, 17-year-old Antonio, from playing high school football in his senior year. Antonio has already suffered at least three concussions. Antonio’s mother and John’s ex-wife, Janice, says that her son understands the risks, and that doctors have OK’d his continued play.

But he doesn’t understand the risks—apparently neither do those doctors—and he is considered a minor under the law because teenagers are prone to poor reasoning and impulsive decisions…especially when they have incipient brain damage.

CNN is eager to hear his position on gun control though. But I digress..

Says the CBS news story: “John contends that after these concussions and sub-concussive hits, medical research shows that Antonio would be in grave danger if he continues to play football.” He contends? There is no contention: that is fact.

“I’m trying to save his future. I’m trying to save his life,” he said of his son.

Janice and her attorney issued a statement, saying in part,

“The mother and her 17-year-old son have reasonably relied upon the input and opinions of his treating physicians and medical providers, and have considered the state mandated safety and concussion protocols followed by the school district, in deciding whether it was appropriate for him to continue to participate in football.”

John believes the court will side with him.  “If you have a significant indication that the child is being placed in harm’s way, and it’s brought to court to protect the child, it’s the court obligation to do so,” he says. I wouldn’t be so sure. This is football country, and football fanatics are in denial. They’ll get thousands of children’s brains injured before they are through.

“I’m hopeful that my son will just go on, get a good education and lead a healthy life. That’s all I want,” said John, whose other two sons no longer speak to him over this conflict.

Good luck.

Let’s hope Anthony is given then chance to grow smarter than his mother.

2. Let’s see, which Trump Derangement news media story should I post today? Every day, every single day, I have literally dozens of biased, vicious, stupid, unprofessional and blatantly partisan mainstream media news reports and pundit excesses to flag as unethical. Here, for example, is a New York Times columnists advocating for Rex Tillerson to betray all professional ethics, confidentiality, trust and responsibility by revealing everything he heard or saw as Secretary of State that could undermine Trump’s administration. It’s called, “Burn it down, Rex.”

Let me repeat: for journalists to set out to intentionally poison public opinion against the elected President of the United States by manipulation and hostile reporting is unethical and dangerous. This conduct has been the single largest ethics breach in the culture for more than a year, and one of the worst in U.S. history. In strenuously condemning journalism’s abdication of its duty to support democratic institutions and to remain objective and responsible, I am not defending Donald Trump. I am attempting to defend the Presidency itself.

Today I pick…this: Continue reading →

Let’s Play “Unethical, Confused, Shameless Or Just An Idiot”! Today’s Guest: NY Congressman Tom Suozzi (D)…

/ Jack Marshall / 14 Comments

Last week, Congressman Suozzi participated in the student walkout for gun control outside the US Capitol,  and called on the youth of his district to back gun ownership restrictions. “I think we should engage the high school students of #NY03, and all of Long Island, to promote gun violence prevention legislation,” he tweeted earlier.

This week, however the gun-grabbing Congressman endorsed the concept of an armed citizenry prepared to overthrow the government…specifically, the current one. This, of course, requires more than rocks and slingshots. It requires guns. Citizens opposed to President Trump had to consider the option of resorting to “Second Amendment,” Suozzi said in  March 12 talk to constituents, saying in part,

“It’s really a matter of putting public pressure on the President/ This is where the Second Amendment comes in, quite frankly, because you know, what if the President was to ignore the courts? What would you do? What would we do?”

After an audience member called out, “What’s the Second Amendment?” (I know, I know. Sigh), Rep. Suozzi answered, “The Second Amendment is the right to bear arms!”

 

Afterwards, Suozzi’s office tweeted out one of the Thomas Jefferson quotes often cited by the NRA and Second Amendment defenders:

“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms!”

OK, audience, are you ready? We’ve heard the evidence: this isn’t like John Kerry saying that he was for the Iraq War before he was against it. This is like Kerry saying that he was for the Iraq War WHILE he was against it! So it’s time to play the popular new political game show that’s sweeping the nation, “Unethical, Confused, Shameless, Or Just An Idiot”!

Here’s your challenge! Is Congressman Suozzi…Unethical, Confused, Shameless, Or Just An Idiot?

Choose carefully!

You have only a minute…

 

Thanks for playing, everyone!

See you next week!