Popular Culture

The Freakout To Florida’s Parental Rights in Education Law, Not The Law Itself, Will Send LGBTQ Acceptance Backwards

/ Jack Marshall / 14 Comments

There is nothing discriminatory, bigoted, ant-gay, anti-trans or unethical in the “Parental Rights in Education Bill’ signed into law by Florida Governor Jim DeSantis. Have you read it, or just relied on the hysterical and dishonest characterizations of the bill by the news media and woke activists like the three Oscar co-hosts, who chanted “Gay, gay,gay, gay!’ like four-year-olds in supposed bold and hilarious defiance of what progressives have been calling the “Don’t Say Gay” law.

Read the law. It doesn’t prohibit saying “gay” at all (the word doesn’t appear in the law), and as unfortunately vague as the wording sometimes is, no fair interpretation would find that it inhibits free speech.

Here is the closest wording in the bill to an “anti-LGBTQ” provision, in Section 3, page 4:

3. Classroom instruction by school personnel or third  parties on sexual orientation or gender identity may not occur  in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards.

The Horror. Only the most committed and unhinged gay activist could find that provision problematic, and the fact that so many progressives do is signature significance: they lave lost touch with common sense and reality. The law isn’t anti-gay, it’s pro-parent (and student). Any parents who really think their 4-8 year olds need to be trained in human sexuality are welcome to do it themselves. I would not want my child introduced to those topic by kindergarten through third grade teachers, even if I had the opportunity to closely examine the teachers’ qualifications for doing so and the way it would be done. This is not their job, and no, I wouldn’t trust them to take it on if it were. They have a hard enough time teaching language, arts, math, science and history. I don’t trust them to teach ethics. Continue reading →

Tuesday Ethics Afterthoughts, 3/29/2022: A Cheat Sheet, Mask Mayhem, And More

/ Jack Marshall / 4 Comments

(THERE IS NO GOOD GRAPHIC FOR “AFTERTHOUGHTS”)

The 29th is another of those ill-starred days in U.S. ethics, topped off in 1973 by the U.S. withdrawal from Vietnam, the half-way war that was an ethics train wreck for decades. Two years earlier, on the same date, Lt. William L. Calley was found guilty of premeditated murder by a U.S. Army court-martial at Fort Benning, Georgia. Calley, a platoon leader, had led his men in a massacre of Vietnamese civilians including women and children on March 16, 1968. Ten years before Calley’s conviction, Julius and Ethel Rosenberg were convicted of espionage for their role in passing atomic secrets to the Soviets during and after World War II. They were executed in 1953, a flashpoint in the schism between the American Left and Right that still is a sore point. (Ethel appears to have been a genuine villain.)

1. I thought this was a hoax. It’s not, unfortunately: someone got a photo of the cheat cheat for “talking points” that President Biden was holding when he massacred his explanation for his Russian regime change outburst in an exchange with Peter Doocy.

This does not fill me with confidence. You? The ethical value at issue is competence.

2. The propaganda and misinformation continues. Though some recently departed here could never grasp it, honest and trustworthy newspapers shouldn’t be publishing falsity and partisan propaganda in house opinion pieces. That’s when the opinion is offered using misleading or incomplete facts—deceit–and the New York Times does it almost every day. I can’t trust a group of editors who permit that. Examples:

It’s incredible how quickly we’ve normalized the fact that the last president tried to retain power despite losing the election and that a mob he incited stormed the Capitol. Many people took part in the effort to overturn the election — among them, we recently learned, the wife of a sitting Supreme Court justice, who hasn’t even recused himself in cases about the attempted coup.

The President in question wanted to challenge the results of an election he believed was the result of illegal manipulation, and as President, he had a duty to do that. I know Krugman isn’t a lawyer, but incitement is a term of art and a crime, and Trump did not “incite a mob” by addressing a crowd. Saying Justice Thomas “hasn’t even” recused himself because of the completely legal communications of his wife falsely implies that doing so is required or the justification for him to do so is undeniable. It isn’t. Editors should not allow such deliberately confusing and misleading opinion material Continue reading →

At Columbia, Free Speech Chilling Takes A Great Leap Forward

/ Jack Marshall / 12 Comments

The assault on free expression as well as the speech-chilling practice of seeking to publicly crush those who do not observe the social justice dictates of progressives in power advanced ominously yesterday. Unsurprisingly, the episode at issue occurred at an Ivy League University, as our educational sectors have been among the trailblazers in speech and idea suppression. Unsurprising to me at least was that it involved Twitter. Just like in the Illya Shapiro controversy at Georgetown Law Center, a scholar didn’t use quite the words he should have (to be safe, and safety is everything these days) according to the Democrats’ Little Red Book. This time, however, the hammer fell harder. Continue reading →

Black Like Us

/ Jack Marshall / 9 Comments

 Confirming my own half-baked research, apparently African-American actors are indeed disproportionately represented in TV commercials now. American Thinker records,

In the United States today, the White population (not including Hispanics) is 57.8%….Blacks comprise 14% of the U.S. population but appear in 50% of commercials. White actors now appear to promote health insurance, gold, loans, and some medicines. Moreover, if a White person appears in a commercial, he/she is usually old, sick, a freak, or at the very least, an appendage to a Black partner. If there’s a doctor on the screen, he’s usually Black, while the patient is usually White. Caucasian young men appear in only 4% of the commercials! If some aliens began to study the population of Planet Earth through our TV commercials they would have a somewhat distorted picture of Americans, to put it mildly.

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Mid-Day Ethics Break, 12/29/21: Alexa Goes Rogue

/ Jack Marshall / 29 Comments

I think I’m going to feature “Jingle Bells” here every day until New Years. Here’s a version by that infamous slavery fan, Nat King Cole:

December 29 is one of the bad ethics dates: the U.S. Cavalry massacred 146 Sioux men, women and children at Wounded Knee on the Pine Ridge reservation in South Dakota on this date in 1890. Seven Hundred and twenty years earlier, four knights murdered Archbishop Thomas Becket as he knelt in prayer in Canterbury Cathedral in England. According to legend, King Henry II of England never directly ordered the assassination, but expressed his desire to see someone ‘”rid” him of the “troublesome priest” to no one in particular, in an infamous outburst that was interpreted by the knights as an expression of royal will. In ethics, that episode is often used to demonstrate how leaders do not have to expressly order misconduct by subordinates to be responsible for it.

1. I promise: my last “I told you so” of the year. I’m sorry, but I occasionally have to yield to the urge to myself on the back for Ethics Alarms being ahead of the pack, as it often is. “West Side Story” is officially a bomb, despite progressive film reviewers calling it brilliant and the Oscars lining up to give it awards. What a surprise—Hispanic audiences didn’t want to watch self-conscious woke pandering in self-consciously sensitive new screenplay by Tony Kushner, English-speaking audiences didn’t want to sit through long, un-subtitled Spanish language dialogue Spielberg put in because, he said, he wanted to treat the two languages as “equal”—which they are not, in this country, and nobody needed to see a new version of a musical that wasn’t especially popular even back when normal people liked musicals. The New Yorker has an excellent review that covers most of the problem. Two years ago, I wrote,

There is going to be a new film version of “West Side Story,” apparently to have one that doesn’t involve casting Russian-Americans (Natalie Wood) and Greek-Americans (George Chakiris) as Puerto Ricans. Of course, it’s OK for a white character to undergo a gender and nationality change because shut-up. This is, I believe, a doomed project, much as the remakes of “Ben-Hur” and “The Ten Commandments” were doomed. Remaking a film that won ten Oscars is a fool’s errand. So is making any movie musical in an era when the genre is seen as silly and nerdy by a large proportion of the movie-going audience, especially one that requires watching ballet-dancing street gangs without giggling. Steven Spielberg, who accepted this challenge, must have lost his mind. Ah, but apparently wokeness, not art or profit, is the main goal.

Not for the first time, people could have saved a lot of money and embarrassment if they just read Ethics Alarms….

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Council Rock Elementary School, “Jingle Bells,”And When Something Trivial Demands A Strong Response (Part Two)

/ Jack Marshall / 14 Comments

Part I described the cowardly and pandering rationale for a New York elementary school to banish “Jingle Bells” from its curriculum, and why the cultural and political issue underlying the move is more important than the song itself.

Here is the response of the Brighton Central School District Superintendent, Kevin McGowan, in response to media inquiries about the decision. In the interests of efficiency, I will interweave my commentary with his statement, in bold.

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Hark! It’s The Christmas Eve Open Forum!

/ Jack Marshall / 26 Comments

Merry Christmas, everyone! 

I can’t wait to see what ethical gifts you ethics angels leave under our metaphorical tree!

Morning Ethics Warm-Up, 12/21/2021: Fake News, Fake Religion, Fake Competence…And Maybe Fake Accusations, Not That It Seems To Matter

/ Jack Marshall / 16 Comments

Tonight, starting at 6 pm, EST, I’ll be facilitating a three hours CLE seminar via (yecchh) Zoom for the D.C. Bar. You can use the credits for other bars’ mandatory ethics requirements, so if you need them, I’d love to have you in the group. It’s all interactive, of course. I’ve been doing a year end legal ethics wrap-up, usually a re-boot of a seminar I present earlier in the year, for, oh, almost 20 years now. It’s not too late to register. The information is here, along with a promotional video I made a few months ago. They say video takes away 15 pounds of hair…

On the Christmas movie front: one Christmas movie that needs no ethics critique is 1947’s “The Bishop’s Wife,” an inexplicably under-seen classic film starring Cary Grant (as a very un-Clarence-like angel), Loretta Young and David Niven. It is as good as any of the Christmas classics and better than most, with a religious undertone that is missing from most of the others. In its time, “The Bishop’s Wife” was nominated for several Oscars, including Best Picture. Grant’s performance is especially deft, as he walks an extremely thin line, both in the plot and in his interpretation of the character. I was wondering last night why it hasn’t been remade, but it was: there is a 1996 musicalized version directed by Penny Marshall with Denzel Washington replacing Grant, Courtney Vance taking over for Niven, and Whitney Houston as a singing version of Loretta Young’s character. Justifiable remakes of classic films have to have a “why,” and this one’s justification was apparently that every classic with white stars has to be remade with black ones, or something. The reason I had never heard of it is that the film was generally regarded as inferior to the original, but I am going to have to track it down now and see for myself.

1. Believe all women/accusers/”survivors”… And if a career and a life is ruined unjustly, well, you gotta break some eggs to make an omelette, right? Chris Noth of “Law and Order,” “Sex in the City” and “The Good Wife” fame is now out of a job, having been fired from his supporting role on the CBS/Universal series “The Equalizer.” The reason: a Hollywood Reporter story revealed allegations of sexual assault against Noth by two as yet un-named women, one who says Noth sexually assaulted her in 2004 in Los Angeles, and another who alleges he assaulted her in his New York apartment in 2015.

Jeez, you’d think he had been nominated for the Supreme Court or something. Noth has denied the accusations, but never mind: they are enough, before any investigation, any trial, even any identification of the accusers, to get him “cancelled.”

Seems unfair, somehow….

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Ethics Alarms Encore: “Christmas Music Blues”

/ Jack Marshall / 18 Comments

[The previous post reminded me of this one, from 2015. Here it is again, slightly updated and edited. It’s as accurate now as it was then, unfortunately.]

At the rate things are going, I am certain that before long no pop vocal interpretations of traditional Christmas music will be easily accessible on the radio. This is a cultural loss—it’s a large body of beautiful and evocative music—and someone should have, one would think, the obligation of preventing it. But I have no idea who.

I realized this when I felt myself getting nostalgic and sad as I listened to a series of “Christmas classics.” For one thing, they all reminded me of my parents, whose absence beginning in 2011 permanently kicked my enjoyment of the season in the groin. For another, all the artists were dead. Bing: dead. Frank: dead. Elvis: probably dead. Andy Williams, Nat King Cole, Dean Martin, Judy Garland, Burl Ives, Gene Autry, The Andrews Sisters, Perry Como, Elvis, Karen Carpenter, John Denver–dead. Long dead, in most cases. Christmas has become a serenade of dead artists. Except for the narrow range of country music stars for those who enjoy “O Holy Night” with a twang, living pop artists don’t sing these songs. OK, Mariah Carey, Josh Groban and Michael Bublé. Not many others. A few years ago, Sirius-XM was so desperate to find living artists that it was playing the Seth McFarland Christmas album. Seth can sing, but I’m sorry, but it’s hard to enjoy “Silent Night” while picturing “The Family Guy.”

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Morning Ethics Warm-Up, 12/8/21: Welcome To Christmas Tree Hell

/ Jack Marshall / 26 Comments

[Nat King Cole’s rendition of this song always makes me smile: his German is so dreadful. But what a voice! It’s like hot cocoa with a marshmallow melting in it.]

Well, the 8-foot Concolor fir tree goes up today, meaning about four hours of prickles and dead light strands lie ahead. Can’t wait!

I have a Christmas ethics dilemma on which advice would be appreciated. As I think I mentioned, Spuds, who is a canine battering ram, was romping at night in the field behind our house with a group of dog pals when one of the owners, a next door neighbor of thirty years, zigged when she should have zagged and Spuds ran right into her. Her leg was broken in two places, and now her 71-year-old husband is facing caring for her for at least several months, also taking care of their two large Belgian Shepherds, as well as a disabled family member who lives a few houses down the street. Lots of the dog-owners have dropped off holiday food for the couple, and we want to send a nice Harry and David package. How do we frame the gift in a way that sends the implied message we want to convey (“We’re thinking of you, and hope you can enjoy the Christmas in spite of everything”) and not “Please don’t sue us!” ? (I am not at all concerned on that score, for reasons social and legal.) Should Spuds sign the card, along with us?

I’ll be damned before I ask “The Ethicist,” or worse still, “Social Qs”…

1. Look! A competent list for a change! The Independent issued a list of “The Magnificent 20: the Top 2O Westerns of All Time.” I’ve lectured and written about this most ethics-minded and American of film genres, and I was pleasantly surprised that almost all of the Westerns I regard as essential made the list. Graeme Ross, the author, knows his stuff. That doesn’t mean I agree with all of it. I am not a Sergio Leone fan, and consider all of the spaghetti westerns as anti-Westerns at heart, so those are two slots I’d fill differently. As usual “The Searchers” is too high (it’s #1), and “Unforgiven” made the list, a film that I thought was over-rated from the second it came out (Sorry Clint.)

Still, only one of the Westerns included is affirmatively dreadful (Brando’s misbegotten “One-Eyed Jacks”) and an unforgivable choice. On my list (which is longer), “Lonesome Dove” is #1 (“Shane” is #2) but it’s not technically a movie, I guess. I also would include “Silverado” in the top 20. “The Man Who Shot Liberty Valence” is an essential inclusion on such a list; I don’t know how it was missed. Still, a responsible, respectful and fair effort—and John Wayne has more movies on the list than anyone else, even without “The Man Who Shot Liberty Valance.” Good.

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