Law & Law Enforcement

First Amendment Ethics and the Conundrum of the Despicable Blogger

/ Jack Marshall / 23 Comments

Attack-blogger Crystal Cox---exercising her rights, jeopardizing yours.

One thing that the public just doesn’t understand about lawyers is that their job sometimes involves fighting for the most despicable people imaginable, because those despicable people have legal objectives they have a right to pursue as citizens, and because the principles underlying the fight are important, even if the particular clients—and often their objectives too–are blights on humanity.

Over at Popehat, Ken has chronicled a classic example, in which First Amendment specialist Eugene Volokh (he of the Volokh Conspiracy) and the Electronic Freedom Foundation are backing blogger Crystal Cox as she appeals a $2.5 million defamation judgment against her, in which an Oregon judge ruled that bloggers did not have the same protection against defamation claims under the First Amendment as journalists do. Cox, of whom I was blissfully unaware until Ken’s post, is clearly the kind of person who is a menace on the internet, lacking basic decency, fairness, scruples and common sense, and yet stimulated by the power that the medium provides her. The signature act that established this for me is revealed by Ken at the top of his post:

“Here’s the most important thing you need to know about blogger and “investigative journalist” Crystal Cox: when she got angry at First Amendment attorney Marc Randazza, she didn’t just register the domains marcrandazza.com and fuckmarcrandazza.com and marcrandazzasucks.com in order to attack him. She registered jenniferrandazza.com and nataliarandazza.com — the names of Randazza’s wife and three-year-old daughter.”

Yup, that’s enough, all right: signature significance. Is there any chance that an individual who would do this even once could be an ethical, reasonable, fair person?  No! Only an unethical creep would even consider such conduct; with a normal person, the ethics alarms would be ringing so loud that they would be paralyzing. Continue reading →

Ethics Dunce: Eric Wemple

/ Jack Marshall / 4 Comments

Talk about ethics blindness.

Find that loose screw, Eric, and then tell Spike where it is...

On his Washington Post blog, Eric Wemple gushes like Old Faithful about sweet, contrite, courageous Spike Lee, who appropriately apologized (and paid an undisclosed sum) to the Florida couple whose address he had accidentally tweeted to help get George Zimmerman harassed, attacked or killed—that being his clear intent by trying to send Zimmerman’s address to the world, or more specifically, the New Black Panthers’ vigilantes. Wemple was blown away by Spike’s willingness to accept responsibility for his boneheadedness and admit he was wrong:

“Yet his reaction to the mishap rehabilitates the good name of an honest apology. Lee used no qualifiers, no minimizers, no excuses — and no ‘I am sorry if anyone took offense to my actions.’ Just plain regret and shame. Score a victory for the apology.”

So “I’m sorry I nearly got you killed; honest, I was trying to get that other guy killed!” is an impressive apology, is it? Continue reading →

Ethics Train Wreck Update: Martin-Zimmerman Reflections

/ Jack Marshall / 12 Comments

Is it only fair to show one version of the victim?

As the NAACP joined with Al Sharpton today to lead a protest of thousands in Sanford Florida, some notes on recent ethics carnage and confusion in the wake of Trayvon Martin’s shooting death:

  • Roslyn Brock, who chairs the national board of directors for the NAACP, perfectly illustrated  ignorance of the justice system and short-sightedness that has characterized this whole, sorry incident. “We come to make sense of this great tragedy and the entire world grieves with us,” she said . “When the Sanford police did not arrest George Zimmerman, they essentially placed the burden of proof on a dead young man who cannot speak for himself.” But of course, as every American should know, that is where the burden of proof lies. The alleged victim in a death is represented by the state, and it is the state that has the burden of proof of guilt as well as having the burden to justify an arrest. It is not Zimmerman’s responsibility to prove his innocence, though that is what the un-American process engineered by race-activists and the media has come to. Does the NAACP really want to take the position that there should be a presumption of guilt in criminal matters? Or just in circumstances where the victim is an African-American and the suspect is not?
  • While CNN has taken the lead in trying to present a balanced picture of the controversy, NBC, mostly through MSNBC, has thoroughly disgraced itself by essentially taking an advocacy position on Zimmerman’s guilt, even to the point of doctoring his 911 call to make it seem clear that this was a case of racial profiling. “This guy looks like he’s up to no good…He looks black.” is how Zimmerman’s 911 call was played on the  “Today Show” and relayed on MSNBC’s website. The actual conversation was this: Continue reading →

Sexual Predator Teachers: 1) Not Funny 2) Epidemic 3) Now What?

/ Jack Marshall / 8 Comments

Child rapist teachers! LOL!

Two nights ago, Tonight Show host Jay Leno included in his monologue a joke about Christine McCallum, the Brockton, Mass. teacher convicted of having sex with a 13-year-old boy over 300 times. Jay can make jokes about whatever he wants, but the fact that we are laughing about this kind of conduct by teachers rather than asking hard questions and insisting on some accountability for the schools shows how tolerant our society is of a supposedly essential institution and a once respectable profession that have both fallen into rot and ruin.

In 1996, when Mary Kay LeTourneau was revealed to have made an undereage student her lover and fathered a child by him, it was national news. For me, it was the first I had ever heard of a teacher abusing her power and profession to that extent. This month alone, March 2012, I have counted thirteen such cases making the local news across the country, including McCallum, and I’m sure I missed some. I’m also reasonably sure that for every one of these cases that get prosecuted, many more are covered up or never discovered at all. Continue reading →

The Curse of Michael Steele: The Republican National Committee’s Shameful, Outrageous Supreme Court Lie

/ Jack Marshall / 28 Comments

Michael Steele, when he was its Chair, brought Republican National Committee operations to a new ethical low that might have been favored by Michael Corleone. He never did anything this despicable, however, perhaps because he was replaced just as he was getting warmed up. Or maybe, just maybe, it was because even Steele knew that some political tactics were just too despicable to engage in.

In a web ad circulated this week designed to attack the health care reform law, the Republican National Committee excerpts the opening seconds of the March 27 presentation to the Supreme Court by Solicitor General Donald Verrilli, defending the law’s constitutionality. In the ad, he is heard struggling for words and twice stopping to drink water. “Obamacare,” the ad concludes, in words shown against a photograph of the high court. “It’s a tough sell.”

The transcript and recordings, however, give a different impression. Verrilli took a sip of water just once, paused for a much briefer period and completed his thought — rather than stuttering and trailing off as heard in the ad. In short, the tape was edited by the RNC to misrepresent what occurred inside the halls of the U.S. Supreme Court.

It is a lie, and a particularly heinous one, even by political ad standards, which are a cut below Shamwow and the Fishin’ Magician. Even by Michael Steele standards—he who twice approved fundraising appeals disguised to look like U.S. Census documents. Continue reading →

Ethics Quote of the Day: The Editorial Board of the Washington Post

/ Jack Marshall / 1 Comment

“Sadly, even before the sessions on health-care reform had ended, some liberals were preemptively trying to delegitimize a potential defeat at the court. If the justices strike down the individual mandate to purchase health insurance, they said, they will prove themselves partisan, activist and, essentially, intellectually corrupt. We share in the disappointment that the justices on both sides of their ideological divide are, for the most part, so predictable. That’s not, in the ideal world, how judging is supposed to work. But we also think there’s a kind of cynicism, or at least intellectual laziness, in asserting that this is an easy or obvious call — that no justice could possibly strike down the mandate out of honest, reasoned conviction.”

—The Editors of the Washington Post in this morning’s superb, balanced and fair editorial entitled “Civics Lesson From

the Supreme Court.”  The Post leaves no question that it supports the individual mandate as necessary—at least now, after the fact of

"Biased political hacks!! The ones who disagree with us, that is..."

Obamacare’s passage into law—because “no American should go without health care, and that society as a whole should be willing to pitch in toward that end.”  But the editors also properly chastise the cynical and cowardly political calculations by the bill’s supporters that placed the constitutionally-dubious mandate in the position to jeopardize the whole law, as well as criticize the unethical phenomenon that Ethics Alarms discussed here-–the preemptive effort by Democrats and their pundit allies to blame the rejection of Obamacare, if it occurs, on “judicial activism” and political bias by the conservative justices. Continue reading →

What A Race! It’s A Thrill A Minute With Roseanne Barr Lapping Spike Lee As The Biggest Celebrity Dunce in The Trayvon Martin Ethics Train Wreck!

/ Jack Marshall / 2 Comments

An earlier classy career high for Roseanne...mocking the National Anthem.

And you thought Spike Lee had established an unapproachable low point in celebrity, self-indulgent, arrogant irresponsibility by trying to tweet George Zimmerman’s address (all the better to get him killed), and inadvertently siccing the sickos on an elderly Florida couple who were minding their own business? How charmingly naive of you! For remember, no matter how ignorant and unethical a celebrity may be, there are always, always, bigger, more ethically clueless jerks and fools with an entry in Wikipedia and an itch to get back in the limelight.

A celebrity like…Roseanne Barr! She lapped Spike’s mean-spirited Twitter idiocy in his own chosen medium by… Continue reading →

Trayvon-Zimmerman: Stop This Ethics Train Wreck!

/ Jack Marshall / 86 Comments

Unstoppable?

The Trayvon Martin-George Zimmerman episode is escalating into a full-scale ethics train wreck at a frightening pace, pulling in participants and bystanders alike, and threatening to become a national catastrophe. Usually such things need to play out until all the carnage is exhausted, but this train wreck is different. Too many parties, including the media, are behaving irresponsibly, given the sensitivity of the issues at hand and the possible worse case scenarios. If the train can’t be stopped, it desperately needs to be slowed down.

At this point, however, I wonder if it can. The activists now driving the action obviously no longer care about little nuances like facts, fairness, and law. The participation of Ethics Train Wreck Engineer Extraordinaire Al Sharpton perfectly suits the situation. Whatever the witnesses say, whatever the facts may appear to be to rational and reasonable observers, too many people are invested in the presumption that a white racist shot an innocent black teen for “walking while black,” and nothing short of harsh punishment will avert claims of society-wide racism and the attendant anger, protests, and violence to come.

Disgracefully, more respectable media figures than Sharpton are also throwing kerosene on the fire.  Here, for example, is Pulitzer Prize winning Washington Post columnist Eugene Robinson’s opening to today’s column: Continue reading →

The Principle President Obama Cannot—or Will Not— Grasp

/ Jack Marshall / 57 Comments

President Obama's learning curve.

As I observed the uproar building over the neighborhood watch murder of Trayvon Martin, the Sanford, Florida teenager fatally shot by a 911 caller who found him “suspicious,” I found myself hoping against hope that President Obama could muster the restraint—restraint that he has too often failed to exercise in the past—to stay out of a local law enforcement matter that is far from resolved. Presidents are not talk-show hosts, and their comments carry excessive power and influence. Picking and choosing among the myriad Americans who suffer misfortune, tragedy and injustice to render support and sympathy is a fool’s game, and an irresponsible act by a national leader. President Obama is no fool, but in this area his flat learning curve has been shocking. He injected himself into the Cambridge police’s altercation with a cranky law professor before he knew all the facts; he rendered a verdict on a coal mine cave-in before fault had been established; he injected himself into a local controversy over the location of a mosque, and he even entered the dispute over Rush Limbaugh’s insults to a law student. Every one of these abuses of his office and influence attracted appropriate criticism (though not nearly enough of it) and caused other problems as well. I thought that maybe…maybe…the President finally might have figured out what virtually every other President understood by the time he had been inaugurated.

Nope! Continue reading →

Integrity Test For The Left

/ Jack Marshall / 34 Comments

So...how many progressives and Democrats agree with Voltaire? I wonder.

It should be obvious by now that the furious indignation leveled at Rush Limbaugh for his denigrating rhetoric against activist Sandra Fluke has been expropriated by those who want to limit free speech to their own standards of what constitutes acceptable discourse….and opinion. This has made itself evident both by the strained efforts of eager Limbaugh boycotters to distinguish his use of misogynistic words and the same or worse language used by friendly boors and misogynists against conservative targets. There is a distinction: Rush was engaging in illogical below-the-belt bullying of a barely-public figure for the offense of disagreeing with him, while Bill Maher, for example, was just showing his contempt and disrespect for women generally, which is what anyone who uses the terms “twat” and “cunt,” as he did, is doing. The argument that this ethical divide is so great that it justifies boycotts on one side and complete apathy—or even appreciation!—on the other is unsustainable, which is why Limbaugh’s statement that the organized campaign to take him off the air is not based on the Fluke affair at all. “They’re not even really offended by what happened,” he said. “This is just an opportunity to execute a plan they’ve had in their drawer since 2009.” Continue reading →