Law & Law Enforcement

Comment Of The Day: “Morning Ethics Warm-Up: 8/24/17”

/ Jack Marshall / 32 Comments

The debate over what kind of tolerance is required and justified in a democracy inspired reader Chris Marschner to submit a thoughful and thought-provoking comment, as he has before, that takes the discussion in a diferent direction.  I’ll let you read it and have your own reactions; Chris needs no further preface.

Here is his Comment of the Day on the post,Morning Ethics Warm-Up: 8/24/17:

Let me begin with the question, what lies as the foundation of tolerance? Is it understanding, empathy, or a just a willingness to comprehend an alternative perspective? Perhaps it is all three. By definition, tolerance is a willingness to live and let live, so to speak. But, the notion of willingness to live and let live does not preclude the actions of those who seek to change minds through cogent rational argument.

I have listened at great length to those who oppose and support the destruction or removal of Confederate iconography in today’s world. If we start with the assumption that what is right and good will triumph over that which is bad and evil in time without the need to resolve the dispute violently we might move toward a more tolerant and enlightened social structure.

My thesis is neither a defense of nor a condemnation of societal issues that continue to pit one against another. I will merely juxtapose the historical issue which divided the nation into camps that found the practice repugnant and those that found no problem with it an a modern day issue that one group find morally repugnant while others do not and attempt to draw parallels to historical events that sanctified, or at least legitimized social behavior.

Again, I am trying not to cast any judgement on any behavior but to develop my thoughts I needed to find a modern day issue that a majority segment of our population finds morally repugnant and another minority segment sees as perfectly acceptable. I then asked myself the question to what lengths might the minority segment go should the majority segment impose its will by executive or judicial fiat? How much will the minority tolerate before it finds the political majorities imposed will too much to tolerate. What issue might create substantial animus toward the ruling segment that it too may seek to enjoin itself from laws of the land. What parallels in history do we see that might engender such animus and how might future generations view the loser if the debate escalated into a full on confrontation? Continue reading →

Morning Ethics Warm-Up: 8/25/17

/ Jack Marshall / 51 Comments

Good Morning, everyone!

[I thought I had posted this two hours ago! I’m sorry!]

1. Re President Trump’s latest anti-news media rant: American journalism’s abandonment of partisan neutrality, competence and professionalism has become the single greatest threat to the nation’s functioning democracy, along with the erosion of public trust that this has caused. I have previously endorsed President Trump’s earlier statement that the news media has become an enemy of the people it is supposed to serve. However, saying, as he did this week, that journalists don’t “love America” is incompetent and irresponsible.

But what else is new. Journalists just over-overwhelmingly hate him, and cannot muster the professionalism to do their duties fairly as a result. (Norah O’ Donnell actually interrupted Trump’s anti-journalism rant to call him a liar—nice.  A network news operation with professional standards would suspend her for that. ) To be fair to the President, his use of language and comprehension of it is devoid of nuance. I presume that to him, saying that the news media hates America, hates him, and is the enemy of the people all mean the same thing.

2. Let’s keep track of which journalists and politicians relate Hurricane Harvey to climate change, or cite the dangerous storm as more evidence that the “consensus” is correct. This is the first major hurricane in 12 years, in defiance of virtually all predictions and climate change models, which told us that the warming earth would lead to more frequent violent storms, not fewer. Of course, the sudden and unexpected dearth of hurricanes during the entire Obama administration (no, Super Storm Sandy was not a hurricane) also doesn’t prove that climate change is a crock. But every single individual, activist, meteorologist, reporter, talking head, Democrat and Al Gore Fan Club member that points to Harney and says, “See???” is proving that he or she isn’t interested in the truth, just in furthering an agenda.

3. We shouldn’t allow California to secede, but it will be tempting, if it ever comes to that. Continue reading →

Ethics Quote Of The Day AND Incompetent Elected Official Of the Month, Plus KABOOM! and “ARGHHHHHH!” : Rep. Nancy Pelosi

/ Jack Marshall / 21 Comments

“The Constitution does not say that a person can yell ‘wolf’ in a crowded theater. If you are endangering people, you don’t have a constitutional right to do that.”

—-Democratic House leader Nancy Pelosi in an interview with KRON4’s Pam Moore, as the party leader explained why she believed that alt-right advocates should not have the benefits of freedom of speech and assembly.

Observations:

  • This is a classic. Biff and his various incarnations in the “Back to the Future” trilogy must be kicking themselves.  They said,

 “Eight o’clock Monday, runt. If you ain’t here, I’ll hunt you and shoot you down like a duck.”
(“Mad Dog” Tannen’s Gang Member : “It’s “dog”, Buford. Shoot him down like a dog.“)

and

“Why don’t you make like a tree and get outta here?

and

“I’m not one to look a gift horse in the butt.”

and

“It’s time to race the music.”

and  Biff’s great-great-grandson Ziff Tannen said,

 “I’m going to make like a banana and skedaddle!”

And more. But “crying wolf in a crowded theater” is funnier—and dumber— than any of them. Continue reading →

Morning Ethics Warm-Up: 8/24/17 [UPDATED]

/ Jack Marshall / 55 Comments

GOOD MORNING!

1. I’m moving this to the top from its original placement at the end. I warned that the mania for retroactive statue-toppling and historical air-brushing was a deadly slippery slope to cultural chaos from the moment Dylan Roof’s rampage primed the Confederate flag banning push. I said that there was no clear stop on that slope, and that this was a massive ethical error that would quickly spin out of control.

I am accepting apologies and “You were right, I was wrong” messages at jamproethics@verizon.net. I will reply gracefully.

2. It’s a good thing, in some ways, that President Trump has no ethics alarms, or has them but doesn’t understand what all the ringing means, because if he did, he might realize that he has put himself in ethics zugswang in the matter of former sheriff Joe Arpaio, the anti-illegal immigration zealot who is facing up to six months in jail for defying a federal judge’s order to stop targeting Latinos based solely on the suspicion of their legal status. Trump has been urged to pardon Arpaio. Let’s see:

  • Arpaio did defy a judicial order. Should a law enforcement official be treated especially harshly when he does this?

Yes.

  • The judicial order related to Arpaio’s practice of assuming that individuals of Hispanic descent were more likely to be violating the immigration laws in his jurisdiction than other citizens. Since his jurisdiction was rife with Hispanic illegals, was this an unreasonable assumption on his part? No. Was it still discriminatory? Sure. Is the balance between profiling, which in such situations is a valuable law-enforcement tool, and the importance of equal treatment under the law a difficult one legally and ethically? Yes. Does a sheriff have the right and authority to ignore the way this balance is decided one legal authorities define it?

No.

  • Is the determination of this balance often polluted by ideological biases, in this case, against enforcement of immigration laws?

Yes.

  • Do Donald Trump, and his supporters, and those Americans who may not be his supporters but who agree that allowing foreign citizens to breach our borders at will without legal penalties is certifiably insane, believe that Arpaio’s position on illegal immigration is essentially correct and just?

Yes.

  • Nonetheless, did his ham-handed methods give ammunition to open-borders, pro-illegal immigration, race-baiting activists like the one who told the New York Times,

“Trump is delivering a slap in the face to dignified, hard-working people whose lives were ripped apart by Arpaio. Arpaio belongs in jail, getting a taste of his own medicine. Trump wants to put Arpaio above the law, showing they are both about white supremacy.”

  • Is sending Arpaio to jail a political imprisonment?

Yes, although he made it easy to justify on non-political grounds.

  • Are political prisoners the ideal objects of Presidential pardons?

Yes.

  • Would pardoning him send dangerous messages (it’s OK to violate judicial orders you think are wrong; the ends justifies the means; Presidents should meddle in local law enforcement, “extremism in defense of liberty is no vice”) as well as defensible ones ( judges and elected official enabling illegal immigration are a threat to the rule of law; Joe is an old man with a long record of public service who deserves mercy even though he was wrong…)

Yes.

  • Will such a pardon, especially as the news media is again spinning to make the case that Trump is sympathetic with xenophobes and white nationalists, further inflame an overly emotional debate that needs to be calmed, not exacerbated?

God, yes.

  • Is the most responsible course for Trump to stay out of this mess?

YES!

  • Will he?

Of course not. Continue reading →

Morning Ethics Warm-Up: 8/23/17

/ Jack Marshall / 44 Comments

Good Morning!

(BOY, there are a lot of especially stupid ethics stories today…)

1. This:

That’s right: an Asian-American broadcaster who never fought for the South during the Civil War has been robbed of a job assignment because his virtue-signaling, grandstanding mega-corporation wants to side with the statute-toppling Left. ESPN regrets that the NAME of one of its broadcasters has become an issue? Who made it an issue? ESPN, that’s who.

Nah, there’s no slippery slope! Nah, this is just about Civil War generals! Nah, the people behind the historical purge or reasonable…they won’t just keep looking for more ways to claim they are being offended!

Can you tell I am losing patience with the defenders, enablers and rationalizes of this toxic nonsense?

2. Or is this dumber? From issue scout Neil, who writes, “Watch the video. [Trump] gestures for the crowd to look up at the sky, then makes a show of looking himself (though CLEARLY not actually trying to see the eclipse). I must have seen at least a dozen other  people yesterday scan the sky in a similar fashion before accidentally getting blinded by an eye-full of rays. The man is inept beyond belief, but he’s not wearing a bib. God this  irritates me.”

These are the ways that that the newsmedia signals to anyone with an open mind and not drooling, gnashing and recoiling at the sight of water from end-stages Anti-Trump Brain-Eating Virus infection that it cannot be trusted, and has traded of its integrity, honesty, fairness and objectivity to lead the “Destroy the Elected President of the United States” effort. No, the President did not actually look directly into the sun and blind himself. In fact, I did exactly the same thing he did when I glanced up at the sun sideways for a nanosecond wondering why so many idiots were lying on the ground wearing 3-D glasses. This is the epitome of fake news—fake, because the intent of the item is to mislead, and because it is no more news than “President uses wrong fork at State Dinner.” No other President, ever, under any scenario, would be covered this way, and no news publication would ever print anything so dumb unless it was certain that its readers were gullible, deranged, and even dumber.

Prof. Glenn Reynolds: “If the press and the political opposition — but I repeat myself — were just sober, straightforward, and honest they could beat Trump easily. But then, if they were capable of that, we wouldn’t have gotten Trump to begin with.”

3. My wife reminded me that I have been flagging deception in obnoxious ways since long before ProEthics and Ethics Alarms.  When we were dating, she had a bowl of soup at a Georgetown campus hangout called The Tombs, and I had a cup of the same soup, for $1.50 less. I asked the waitress for a clean bowl and cup,  and poured water into the cup until it was at soup-level, and then poured that water into the empty bowl, which it filled. Then I asked her to get the manager, whom I asked to explain why a bowl cost more than a cup when the amount of soup was the same. he had no explanation of course.

You’ll be amazed how many restaurants do this. Continue reading →

Casting Ethics And “The Music Man”

/ Jack Marshall / 15 Comments

A recently closed summer production of “The Music Man” at the Berkshires’ Sharon Playhouse illustrates many of the ethics landmines overly ambitious directors and non-traditional casting can trigger.

New York director Morgan Green was hired to direct Meredith Willson’s  1957 classic. Until “Hamilton” came along, only two Tony winning musicals had a book, lyrics and music all written by one person: “The Music Man” and “Oliver!” “The Music Man” isn’t my favorite musical, but a strong argument can be made that it is the Great American Musical, celebrating small town Americana with Sousa-style marches, barbershop quartets, and the best ending in musical theater history (stolen, with great success, by “School of Rock.”) There is no need to mess with it, since the show is pretty close to perfect. I was taught that a production should be equally satisfying for an audience member who is seeing a show for the first time and for one who is seeing it for the last time.  A version that takes the show out of 1912 and litters the landscape with anachronisms and forced 2017 social and political references isn’t fair to either of these. This was, I presume from based on Jesse Green’s review, a “Music Man” for people sick of “The Music Man” (like Jason Green.) You know what? If a director is sick of a show, she has an ethical obligation to let someone direct who isn’t sick of it.

Naturally, there was the obligatory stunt casting of women in some men’s roles (but never men in women’s roles, of course), and  the non-traditional casting of a black actress as Marion (the Librarian) Paroo, the romantic lead originally created by the recently departed Barbara Cook in the original production.

I see no problem in principle with casting Marion as black. It’s certainly ahistorical, and the hint of a trans-racial romance in 1912 Iowa is unimaginable, but “The Music Man” is, or should be, about kids, romance, parades, sentiment and fun, none of which is impeded by non-traditional casting.

There is a problem, though. One of Marion’s big solos, in which she sings about her ideal man (whom her mother believes is too ideal to be real), is called “My White Knight.”

Oh-oh. Continue reading →

Ethics Dunces: The 8th U.S. Circuit Court of Appeals

/ Jack Marshall / 20 Comments

I don’t understand this ruling at all.

In 2011, Cooper Tire & Rubber Co. had locked out union workers. After the company later settled a contract dispute, they all returned to work except for Anthony Runion, who had been fired. Runion had shouted at a van carrying replacement workers onto the company’s grounds: “Hey, did you bring enough KFC for everybody?” and “Hey, anybody smell that? I smell fried chicken and watermelon,” the opinion noted, adding that most of the replacement workers were black.

In the 2-1 ruling for the fired worker, Judge William Duane Benton cited the law protecting unions, strikers and pickets, 29 U.S.C. § 157. Section 7 of the Act guarantees employees the right to “assist labor organizations . . . and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Section 7
gives locked-out employees the right to picket. Section 8(a) prohibits an employer from interfering with, restraining, coercing, or discriminating against employees in the exercise of their Section 7 rights.

How would firing  a worker for uttering undeniable racially hostile verbiage in the process of striking? Benton writes, citing various cases in the line of labor decisions:

“One of the necessary conditions of picketing is a confrontation in some form between union members and employees.” Chicago Typographical Union No. 16, 151 NLRB 1666, 1668 (1965), citing NLRB v. United Furniture Workers of Am., 337 F.2d 936, 940 (2d Cir. 1964). “Impulsive behavior on the picket line is to be expected especially when directed against nonstriking employees or strike breakers.” Allied Indus. Workers No. 289 v. NLRB, 476 F.2d 868, 879 (D.C. Cir. 1973) (internal citation omitted). This court analyzes picket-line conduct under the Clear Pine Mouldings test: a firing for picket-line misconduct is an unfair labor practice unless the alleged misconduct “may reasonably tend to coerce or intimidate employees in the exercise of rights protected under the Act.” NMC Finishing v. NLRB, 101 F.3d 528, 531 (8th Cir. 1996), citing Clear Pine Mouldings, Inc., 268 NLRB 1044, 1046 (1984), enf’d, 765 F.2d 148 (9th Cir. 1985). The test is objective.

Wait: racially prejudiced rhetoric is “impulsive behavior”? Not by non-racists, its isn’t. Non-racists don’t suddenly start talking like racists on impulse. Anthony Runion unmasked himself as a racist by his behavior on the picket line. It may not have been “picket line misconduct,” but it was certainly unacceptable workplace and employee conduct, with a strong indication of more to come. Benton wrote that there was no evidence the black “scabs” heard Runion’s racist words, though dozens of others nearby did, and that the comments were not directed at any individual. Wait again: is the judge arguing that using racial epithets in the workplace isn’t a firing offense as long as the offender can say, “I didn’t mean you” ?

The lone dissenting judge, Judge C. Arlen Beam  dissents by stating the obvious: Continue reading →

Morning Ethics Warm-up: 8/17/17

/ Jack Marshall / 253 Comments

Good Morning!

1. I got back late last night from my pilgrimage to say thanks to the Impossible Dream team, and now I’m on my way out to teach an ethics seminar for D.C. government attorneys. I haven’t caught up with the comments yet; I’m sorry. Things should be back to normal hear by this afternoon. Here are the surviving members of that 1967 Red Sox team that changed my life:

Incredibly, the Red Sox barely promoted the event, and had no memorabilia, not even a T-shirt, available at the souvenir stands. I asked one of the sales people, who said the team had given them nothing, figuring that the typical fan was too young to remember or care.

And people wonder why I object to tearing down statues…

2. …which the unethical Mayor of Baltimore ordered to be done yesterday in the dead of night. From the Times:

It was “in the best interest of my city,” Mayor Catherine Pugh said Wednesday, as she explained why she ordered Confederate monuments removed under the cover of darkness, days after violence broke out during a rally against the removal of a similar monument in neighboring Virginia.

“I said with the climate of this nation,” Ms. Pugh said later, “that I think it’s very important that we move quickly and quietly.”

With no immediate public notice, no fund-raising, and no plan for a permanent location for the monuments once they had been excised — all things city officials once believed they would need — the mayor watched in the wee hours on Wednesday as contractors with cranes protected by a contingent of police officers lifted the monuments from their pedestals and rolled them away on flatbed trucks…

David Goldfield, a professor of history who studies Confederate symbols at the University of North Carolina at Charlotte, said the removal of the monuments in Baltimore was likely to be part of a “rolling cascade” of cities and states ridding themselves of, or at least relocating, similar statues.

”You’re going to see another wave of these removals.” Mr. Goldfield said. “The fact that it’s done fairly expeditiously is not surprising because if you do it quickly the opposition can’t build up, and the confrontations that we’ve had, not only in Charlottesville but elsewhere, will not materialize.”

By all means, move quickly and without notice or due process so lawful protests and expressions of public opinion “can’t build up.” “It was in the best interests” is such a versatile rationalization for unilateral government action.

Democracies don’t undertake controversial actions in the night. Dictatorships do. Pugh and others nascent fascist of the left are as responsible for “the climate of this nation” as much or more than anyone else, and now want to exploit the dangers of that climate to stifle dissent.

Perfect. Continue reading →

More Perspective On Charlottesville, The Left, And The First Amendment

/ Jack Marshall / 54 Comments

I’ve been spending the day pointing out the bias and hypocrisy of various Facebook friends who posted emotional, warped, virtue-signaling junk assuming they would be greeted with the sounds of a thousand well-trained seals clapping. I’m not sure why I bother: it gets close to the cartoon about the guy who tells his wife, “Someone is wrong on the internet!” I feel like the alternative is to  just let a brain virus run amuck. These once intelligent people just know the President is secretly a white supremacist. He’s obligated to specifically condemn the white nationalist group, because they were “emboldened” by his election. And, they say, their “side’s” violence is “less disgusting” than the violence of the bad people….because, though they don’t say this, the ends justify the means.

I think the reason I subject myself to the sneers and abuse—did you know I must be a Donald Trump supporter and a white nationalist?—is that the Left’s assault on free speech, which is the cornerstone of democracy,  has to be opposed, called out and condemned every single time, until they either embrace the Constitution, move to Canada, or haul us off to re-education camps. White supremacists aren’t a danger to the nation, because that kind of prejudice is antithetical to core American values, and no credible, respectable institutions and individuals support them, or ever will. Fascism of the Left is a real danger, because it is seductive and misleading, and it is infecting the most powerful and influential institutions we have. We saw it in Charlottesville. In a college town indoctrinated in the progressive cant that the wrong opinions don’t deserve to be heard because they constitute harm and violence by spoken word, the state and local government  combined to use violence to stifle political speech.

One of the best and most objective political, government and ethics websites around is City Journal; I really should cite it more often. Today Bob McManus posted an excellent essay which began with this… Continue reading →

Morning Ethics Warm-Up, Charlottesville Aftermath Edition: 8/14/2017

/ Jack Marshall / 201 Comments

Charlottesville, Virginia.

Good Morning?

1. Just a side note before the serious stuff: WordPress spell-check thinks “Charlottesville” is misspelled. It says the correct spelling is “Chancellorsville.”

And you wonder why I have so many typos…

2. Either one believes in, supports and will fight for freedom of speech, expression and assembly, or one does not. Those who do not also do not genuinely believe in democracy, the Constitution, civil rights or the core principles of the United States of America. This group, which has been slowly—not so slowly, really—taking over the progressive movement and the Democratic Party, and with them that party’s institutional allies, the U.S. education system and journalism, is far, far more dangerous than the alt-right, racist fools who tried to exercise their own rights over the weekend.

At the center of the implicit rejection of the freedom to say, express, demonstrate for and hold whatever wise, creative, idiotic or hateful opinions and ideas a U.S. citizen chooses were the despicable and anti-American comments of Virginia Governor Terry McAuliffe, ( WordPress thinks I should spell his name “Cauliflower”) who told a group of U.S. citizens that they were not welcome in his state, and that there was no place for them in the United States of America—you know, like the German Nazis told the Jews. Pathetically and dispiritingly, knee-jerk defenders of McAuliffe have spun this as mere “opprobrium,” a deflection that we technically refer to as “baloney.” When the leader of a government points to any group and says, “Get out!” based solely on what the group says and believes, that’s totalitarian oppression. It also paints a bullseye on the backs of every member of that group. Continue reading →