Law & Law Enforcement

The Internet Censorship Bill and Escalating Abuse of Government Power: Why Do We Continue to Trust These People?

/ Jack Marshall / 4 Comments

Yesterday, the Senate Judiciary Committee unanimously approved a bill giving the U.S. Attorney General the power to shut down any website with a court order, if  he determines that copyright infringement is  “central to the activity” of the site.  It doesn’t matter if the website has actually committed a crime, and there is no trial, which means that the law is a slam dunk violation of the U.S. Constitution.  The Combating Online Infringement and Counterfeits Act (COICA) is a little goody bought by the lobbyists and PACs of Hollywood, the recording industry and the big media companies, to block the rampant internet file sharing that has cost them a lot of money in lost sales and profits over the past decade.

I am adamantly opposed to filesharing and the ethically dishonest arguments used to defend it, most of which begin with “Everybody does it.” I sympathize with the artists whose work is being stolen, and the companies who have complained to Congress. But all the strong condemnation of filesharing by lawmakers and corporate executives doesn’t change a central fact: the Constitution says you can’t do what COICA allows. It says this in at least two places: the First Amendment, which prohibits government interference with free speech, and the Fifth Amendment, which decrees that property can not be taken from citizens without Due Process of Law. A law that lets a government official just turn off a website without a hearing or showing of proof? Outrageous. and unconstitutional. Continue reading →

The Ghailani Verdict Spin

/ Jack Marshall / 8 Comments

Terrorist and mass murderer Ahmed Khalfan Ghailani was acquitted this week of 284 counts of murder , deaths that he unquestionably engineered, planned, a brought about in the 1998 bombings of the U.S. embassies in East Africa. He was convicted of just one count: conspiracy to destroy U.S. property and buildings. Since one logically cannot conspire to destroy buildings with people in them and not be guilty of murder, the verdicts make no sense. There was indeed plenty of evidence presented to prove Ghailani  guilty of all the murder counts beyond a reasonable doubt, but this was just a bad jury, or to be more precise, a jury with a bad juror. We now know that one women held out against the rest, insisting on acquittal for the murder charges for reasons known only to her. Maybe she thought he was Ghailani. Maybe she wanted to make the Obama Administration, and specifically the Department of Justice, look inept, though it hardly needs any assistance. Maybe she’s a fan of terrorism. Maybe she’s just a dolt….who knows? The bottom line is that a terrorist got away with murder. Continue reading →

Unethical Lawsuit Files: The Golfer and the Diner

/ Jack Marshall / 13 Comments

The tort system  evolved to ensure that those injured by the recklessness, maliciousness or negligence of others can enlist the courts and juries to help them be made whole. It presumes, but, sadly, does not require, a measure of fairness, proportion, personal responsibility, forbearance, prudence, empathy, and common sense, as well as a lack of greed.

Two recent lawsuits, involving a golfer and a diner, illustrate how an otherwise good system can be used unethically.

First, the Diner: Continue reading →

Anatomy of An Unethical Report on the Cost of S.B. 1070

/ Jack Marshall / 3 Comments

The Center for American Progress is out with the results of a study that purports to show the adverse economic effects that Arizona’s economy suffered as the result of conference cancellations and economic boycotts in the wake of the state’s controversial S.B. 1070, which gave police the authority to check on citizen status under some circumstances.

The study itself is fine; it is by a reputable research group, and anything can be studied. The Center’s use of it is manipulative, deceptive and hypocritical, however. Continue reading →

“How Not To Apologize” by Cook’s Source Editor Judith Griggs

/ Jack Marshall / 11 Comments

Not many of you chose to read about the “Cook’s Source” fiasco, which is a shame. It is admittedly a tiny blip on the ethics radar screen–a dispute between a writer and a narrow audience website that launched an Internet vigilante movement—but there are many useful lessons to be learned. Now one of the two key figures, “Cook’s Source” editor Judith Griggs, has generously provided us with yet another: how not to apologize. Continue reading →

The Pat-Down Rebellion: Government Arrogance and Abuse of Power, Meet American Culture

/ Jack Marshall / 9 Comments

We may be seeing a sterling example of the innate American resistance to intrusive and excessive authority, just when it looked as if many citizens were prepared to  accept reductions in their dignity, privacy and freedom that past generations would never have countenanced.

As usual, the fuse has been lit by a combination of incompetence, bad management, and arrogance. Since the tragedy of 9-11, airplane passengers have been remarkably passive and tolerant in accepting increasingly inconvenient and de-humanizing security procedures at airports. They have allowed political correctness to hold sway over fairness and logic, subjecting decrepit seniors,  ten-year-old girls and U.S. Senators to aggressive wanding rather than employing reasonable profiling techniques. They have allowed near-miss terrorist attacks caused by sloppy Homeland Security procedures and execution to be addressed by punishing the public with increasingly more intrusive search techniques. But when new procedures involving full-hand body searches were recently instituted without due warning, while the new full-body scanning devices were standing unused because of a shortage of trained personnel, anger, resistance and traditional American refusal to be pushed around finally made their appearance. Why, passengers are asking, must they be molested to compensate for intelligence failures? Where are reasonable alternatives? Why are we being treated this way? Continue reading →

The Unethical “Dream Act”

/ Jack Marshall / 10 Comments

In the upcoming lame-duck session of Congress, Democrats are going to push for passage of the Dream Act, the poison pill Sen. Harry Reid cynically attached to legislation that would have resulted in ending “Don’t Ask, Don’t Tell” right before the November elections. The G.O.P. blocked the provision, which was really just Harry’s (successful) effort to stave off defeat in his re-election bid by pandering to the Hispanic vote. The fact that he ensured the perpetuation of DADT with his gambit was, as they say, collateral damage.

The Dream Act, however, should have been defeated, and it should be defeated again. Its most recent Senate version was called the Development, Relief and Education for Alien Minors Act. In the House, it was called the American Dream Act. The versions provided essentially the same path to citizenship for, as the bills euphemistically put it, “certain long-term residents who entered the United States as children.” Continue reading →

Obama’s Halftime Pardon Score: Turkeys 2, Human Beings 0

/ Jack Marshall / 5 Comments

As of last Wednesday, President Obama has pardoned more turkeys than human beings. He has continued the cutesy presidential tradition of bestowing a presidential pardon on a turkey destined for the Thanksgiving table each November of his two years in office, but is approaching a presidential record for the most days in office before finding a U.S. citizen equally worthy of mercy and forgiveness.

There are reasons for this, but no excuse….not from a President who loaded up his White House with Czars overseeing every conceivable White House priority (Why no Pardons Czar?), not from a President who has criticized the disparate, unfair and racially-tinged penalties for crack cocaine over the powdered variety favored by the white middle class, not when are so many worthy candidates for mercy, most with families whose lives could be infinitely enhanced by the ten seconds it takes for Barack Obama to sign his name. Continue reading →

Jaw-Dropping Lie of the Year: Nancy Pelosi

/ Jack Marshall / 4 Comments

“And we did all of this while restoring fiscal discipline to the Congress by making the pay-as-you-go rules the law of the land.”

–—House Speaker, soon to be Minority Leader, Nancy Pelosi in a Nov. 9 op-ed in USA Today, listing the achievements of the Democratic Congress under her leadership.

The pay-as-you-go rules, which require new spending  to be offset with new revenue or spending cuts, were adopted by the House in 2007 and became law in 2010. Significantly, the very same bill that established pay-as-you-go—or PAYGO—raised the debt limit by $1.9 trillion. Signed into law on Feb. 12,  PAYGO was waived less than two weeks later when the Senate voted for a $15 billion job creation bill.…that was not offset by new revenue or spending reductions.

In fact, the PAYGO rule is waived constantly: it was designed that way. Continue reading →

More Unethical Anti-Dog Slander by The Daily Beast

/ Jack Marshall / 12 Comments

It is odd that a news website called “The Daily Beast” is engaging in an ongoing effort to misinform and frighten the public regarding dogs. Someone—publisher Tina Brown perhaps?—in The Daily Beast’s lair must have been badly frightened by a puppy at some point in his or her life, leading to an irrational fear of dogs and mind-blowing ignorance regarding them. Earlier this year, the site published two unhinged calls for the eradication of  anything resembling a pit bull by a writer whose pet was attacked by one. At the moment, The Daily Beast features a gallery with the ominous title “39 Most Dangerous Dog Breeds” that had to be assembled by some one who has seldom seen a real dog, much less owned one. On the home page, the feature is placed under the heading, “Beware of the Dog.”

The criteria for the ranking is completely mysterious—several of the breeds listed, for example, have exactly one attack attached to them. The gallery itself is riddled with errors and is actually quite funny, if one knows anything about dogs at all. In addition to being careless and incompetent, the feature is dishonest, and seems to be calculated to make people irrationally frightened of dogs, when in fact the relationship between human and canines is one of life’s great and fortunate pleasures. Continue reading →