Race

Wait, I’m Confused: I Thought Racial Segregation Was BAD….

/ Jack Marshall / 142 Comments

segregation

Two of these stories in one week—something’s  happening here. What it is ain’t exactly clear, however.

I’m sorry, I start channeling old Sixties songs at times like this.

Not one but two colleges have advocated segregation in their policies this week:

  • Hampshire College explains on its website that it allows students to reside in “identity-based” housing communities, provided they have a “unique social identity” that has “historically experienced oppression,” arguing that such residences “give support to members of our community with social identities that have been historically marginalized in this country, and strive to counter systemic oppression.” The Massachusetts school’s confident  promotion of such living arrangements “arises from our commitment to fostering diverse, socially just, and inclusive communities.” An  informational booklet explains that “identity-based housing is an institutional structure designed to assist members of historically oppressed groups in supporting each other,” and “helps to create an added level of psychological comfort and safety for those who choose to live in those spaces, often providing the foundation for those students to be able to engage fully in the greater community.”

Translation: Black students don’t want to live with whites, but prefer “their own kind,” because whites are viewed as potentially dangerous. And that’s okay! Continue reading →

Observations On The Gadsden Flag Controversy

/ Jack Marshall / 45 Comments

Gadsden Flag

On the Volokh Conspiracy, now featured on the Washington Post website, Prof. Volokh applies his First Amendment expertise to a recent EEOC decision which ruled that a complaint from an African-American that a fellow worker who repeatedly wore a cap with the famous “Don’t Tread On Me” insignia from the Gadsden flag may have created a hostile work environment at the federal agency both worked for. The Equal Employment Opportunity Commission called for further investigation, including an interview of the cap-owner’s intention in wearing the symbol, concluding,

“In light of the ambiguity in the current meaning of this symbol, we find that Complainant’s claim must be investigated to determine the specific context in which C1 displayed the symbol in the workplace. In so finding, we are not prejudging the merits of Complainant’s complaint. Instead, we are precluding a procedural dismissal that would deprive us of evidence that would illuminate the meaning conveyed by C1’s display of the symbol.”

Observations:

1. Now this is the slippery slope. Because murderous racist Dylan Roof posed with the Confederate flag, a tipping point was reached that resulted in the symbol and the flag being effectively and in some respects officially banned. The EEOC had already ruled the wearing a Confederate flag T-shirt constituted racial harassment,. Now the banning of historically significant symbols is threatening to spread to a flag that had no relationship to race whatsoever, in large part because of who has chosen to display it.

2. There is a whole website devoted to the Gadsden flag, from which we learn that…

  • It first appeared in October of 1775, as the British were occupying Boston and the desperate Continental Army was dug in in nearby Cambridge, lacking sufficient arms and ammunition.  In October, a merchant ship returning to Philadelphia from a voyage to England brought private letters to the Second Continental Congress informing it that  England was sending two cargo ships to America loaded with arms and gunpowder for the British troops.
  • Congress decided Washington’s troops’ plight required that those ships and their cargo be captured. It authorized the creation of a Continental Navy, then only four vessels, to take the ships. Congress also authorized the mustering of five companies of Marines. Some of the Marines enlisting that month in Philadelphia carried drums painted yellow, emblazoned with a  rattlesnake with thirteen rattles, coiled and ready to strike, accompanied by the motto “Don’t Tread on Me.”
  • That same December, a citizen calling himself  “An American Guesser,” anonymously wrote to the Pennsylvania Journal, saying in part:

“I observed on one of the drums belonging to the marines now raising, there was painted a Rattle-Snake, with this modest motto under it, ‘Don’t tread on me.’ As I know it is the custom to have some device on the arms of every country, I supposed this may have been intended for the arms of America…the Rattle-Snake is found in no other quarter of the world besides America….She never begins an attack, nor, when once engaged, ever surrenders: She is therefore an emblem of magnanimity and true courage. … she never wounds ’till she has generously given notice, even to her enemy, and cautioned him against the danger of treading on her..

I confess I was wholly at a loss what to make of the rattles, ’till I went back and counted them and found them just thirteen, exactly the number of the Colonies united in America; and I recollected too that this was the only part of the Snake which increased in numbers. …Tis curious and amazing to observe how distinct and independent of each other the rattles of this animal are, and yet how firmly they are united together, so as never to be separated but by breaking them to pieces. One of those rattles singly, is incapable of producing sound, but the ringing of thirteen together, is sufficient to alarm the boldest man living.”

It is generally agreed that the writer was really Benjamin Franklin. Ben had a hand in the design of the flag, since the first use of a rattlesnake to represent the colonies was his own “Join or die” cartoon,

800px-Benjamin_Franklin_-_Join_or_Die

…published years earlier. Continue reading →

Ethically, Caster Semenya Points Us Directly To Gender-Free Sports Competition, And There Is No Ethical Way To Avoid It

/ Jack Marshall / 66 Comments

Caster

Ethics Alarms first mentioned female runner Caster Semenya in this essay , when the international sports community was debating the South African track champion’s fitness for competition. Caster, depending on who you believe, is either a woman, intersex, a woman with freakishly high levels of testosterone in her body, or a man who identifies as a woman. What is undeniable is that she is faster than most women, and maybe all of them, and her unique physical make-up, whatever you want to call it, gives her an advantage. Since the last Olympics, Caster has been forced to take drugs that inhibited her body’s production of testosterone.Then, in July 2015 , the Switzerland-based Court of Arbitration for Sport overturned the 2011 IAAF regulations that restricted testosterone levels in female athletes. They also suspended hyperandrogenism regulations for two years. Now Semenya will be able to compete as she is naturally, and because she will, she is widely expected to smoke the competition.

Is it fair to let her run? Is it fair not to let her run? After this year of controversy and confusion over gender, with boys and men “identifying as women” and transgender discrimination laws roiling the culture wars, this is a perfect time for an intersex champion. Then, presumably, all hell will break loose. A sports scientist tells The Guardian,

“I’m actually dreading the Olympics. People only want to hear a good story so when Semenya wins gold the South African media will go crazy. If she breaks the world record, which I think she will, it’ll be even crazier. You can lie and say: ‘Happy days. Let’s celebrate our golden girl’ – which the politicians and media want. Or you can be honest and principled and say: ‘Actually, there are many things we need to address.’ That’s very unpopular”

Society and sports have reached the point  the ethical solution is obvious and unavoidable, and, unfortunately, brutal. If society is accepting the fact that a binary gender distribution is a myth, and there may be seven, ten, or dozens of gender variations along a spectrum, then integrity and consistency—and fairness—demands that gender distinctions in sport be eliminated as arbitrary. Continue reading →

Beauty Contest Ethics, Diversity Ethics, Bizarro Word Ethics: The Miss Teen America Pageant

/ Jack Marshall / 13 Comments

Teen USA finalists

Bizarro World Ethics is a useful if mind-melting concept. Since Superman Comics’ Bizarro World contains a backwards—literally—civilization in which everything is the opposite of the way it is on Earth, the ethics are necessarily backwards too. What is right, in a culture where the populace not only says hello for good-bye, but also eats the plates while throwing away the food? Can wrong be right in such a weird place? Does right become wrong? Or is the whole idea of ethics impossible in Bizarro World?

Beauty contests today are like Bizarro World. They are inherently anachronistic, embodying the correctly discredited concept that beauty equals virtue. They also are based on the fiction that beauty can be objectively qualified and compared with sufficient precision that a decision holing that  gorgeous Contestant D, who is Asian and brunette, is objectively more beautiful than gorgeous black Contestant C, gorgeous Hispanic Contestant B, or gorgeous white Contestant A isn’t arbitrary and completely subjective. Bodybuilding competitions and dog shows have the same problem, as do the Academy Awards. For pure, obvious stupidity and dishonesty, however beauty contests beat them all. This is why the topic has inspired some terrific film satires, like “Smile,” “Drop Dead Gorgeous,” and even “Little Miss Sunshine.”

We all know—don’t we?—that beauty contests are really just excuses to give guys a chance to gawk at scantily dressed pulchritudinous women. This is what makes Miss Teen America the most icky of the breed: the contestants are scantily dressed women who consent to being lust-objects for men the age of the their fathers and grandfathers. What is ethics in such a spectacle? The whole enterprise is constructed of unethical components.

The Miss Teen USA pageant was pronounced ethical, for example, after announcing they would discontinue the swimsuit segment of the competition, replacing it with a parade of the contestants in athletic gear, because the swimsuits made the young women look like sex objects and eye candy.  You know…not like this:

missteen outfit

Muuuuch better. No dirty old man is going to be salivating at that.

But over the weekend all that good publicity for pretending to be about something other than rewarding lovely teens for being walking pin-ups on national television collapsed when this diverse. multi-color, multi-ethnic  group of beauties..

2016 Miss Teen

…was narrowed down to these five finalists, the best of the best, the fairest of them all, after all the numerical scores were tallied and checked and double-checked:

Miss-Teen-USA-2016 five

This caused some unhappiness among the diversity police, as you might imagine. Tweeted super-model Chrissy Teigen, who looks like this..

Chrissy-Teigen---SI-Swimsuit-2015--15-662x968

“Wow how can we choose from such a diverse bunch”

Continue reading →

Ten Ethics Observations On The Democratic National Convention

/ Jack Marshall / 20 Comments

Khan DEM

1. The unrestrained cheer-leading from the news media in contrast to its week-long sneer at the Republican is so shamelessly biased that American journalism risks crippling its ability to use its giant megaphone to sabotage Trump. They might at least pretend to be fair and objective. I get it: I find it horrifying that Trump is running too. The immediate and unrestrained effort to go stop him, however, is so openly unprofessional, and shows how far the news media’s ethics have deteriorated just since 2008.

2. We could see and hear, during the course of the convention, how Donald Trump’s boorishness and propensity for ad hominem attacks and personal insults have degraded both parties and political discourse generally. And to think, in 1988, Ann Richards was criticized for her George H.W. Bush attacks at the Democratic Convention, and her famous jibe that Bush was born with a “silver foot in his mouth.” The Democrats could have taken the high road, and would have benefited, as well as done the culture a favor. Nah.

3. The most unethical aspect of the convention was the party’s tacit embrace of Black Lives Matters, while the BLM protesters outside were directing white journalists  to “stand in the back” while covering its protests, around the country police officers were facing increasing abuse, and in Baltimore, Marilyn Mosby was graphically illustrating BLM’s attack on the rule of law.

Democrats deserve to pay a high price for this, and I am confident that they will.

4. I owe Senator Eugene McCarthy an apology. I was among the many young  supporters of the rebellious anti-war Democrat who felt betrayed when McCarthy refused to address his beaten troops at the 1968 Convention. He stayed in his Chicago hotel room, angry and resentful of how the party had steam-rolled him and his movement. I thought it was cowardly and selfish. Now, after thinking ill of Clean Gene  all these years, I realize he might have been right after all. Being gracious isn’t ethical when you are required to become a symbolic pawn  to the same dark, unethical forces that you have been telling your throngs to resist and battle despite long odds. If you pull a Cruz instead of a Sanders, you look like you are trying to torpedo your own party. Better, perhaps, to do what Gene did. His integrity told him that the best response was to neither to capitulate, nor be petulant, but just to retreat to fight another day.

I’m not sure he was right, but  I’m no longer sure he was wrong.

I’m sorry, Senator. Continue reading →

Leading Candidate For Most Unethical Opinion Column Of 2016: Daily Beast Editor Goldie Taylor

/ Jack Marshall / 23 Comments

Ox-Bow-still-3

How a major U.S. news and public affairs website can produce an article like Daily Beast Editor-At-Large Goldie Taylor’s is a fertile subject for inquiry, as is the question of how much the ignorant, un-American, values-warping assertions it contains are reinforced throughout our rising generations’ education and socialization. Those investigations must wait for another day, when I have the stomach for it.

For now, let’s just consider what Taylor wrote. It is titled “Six Baltimore Cops Killed Freddie Gray. The System Set Them Free,” an unethical headline that kindly warns us regarding the awfulness to come. No, six Baltimore cops did not kill Freddie Gray, as far as we, or the system, knows based on the evidence. That Taylor would state such an unproven and unprovable statement as fact immediately makes her guilty of disinformation, and shows that she is willfully ignorant of the principles of American justice, as well as too hateful and biased to comprehend them. Damn right the system set them free. That’s because in the Freddie Gray cases the system worked spectacularly well, despite the best efforts of an incompetent and biased prosecutor to make it do otherwise.

And that was just the title. The rest is infinitely worse: if you are feeling sturdy, read it all here. If not, the selected highlights (lowlights?) to follow will suffice.

Taylor wrote early on, Continue reading →

The New “Ben-Hur” And The Casting Ethics Double Standard

/ Jack Marshall / 80 Comments

Thank-you, O producers of the new “Ben-Hur,” for so quickly after my post ridiculing the new politically correct casting ethics in Hollywood—according to Turner Movie Classics, it’s just soooo wrong to cast an Anglo Saxon like Charlton Heston as a Mexican, for example—-coming out with the official trailer proving that the new, enlightened casting ethics really only applies when it means it takes jobs away from white actors. Okay, just American white actors. Or something….actually, this casting ethics rules are  kind of made up as things shake out.

Which was what I thought all along.

In the 1959 Ben-Hur (starring, ironically, White Guy Charlton Heston as Judah Ben-Hur ), the plum part of Shiek Iderim was played by brilliant Welsh character actor Hugh Griffith, whose performance rightly won him an Academy Award. Yes, he wore dark make-up, because actors wear make-up. Ah, but these are enlightened days, and now we know, because it has been decreed by Ben Mankiewicz and the rest of the heralds of politically correct casting, that the casting of a master comic actor of unique gifts who was an audience favorite to play the sheik was insensitive and essentially racist, not to mention unfair to all of those unemployed but equally adept Arab actors qualified to play the part. So who plays the sheik in the new, improved, enlightened “Ben-Hur’?

Morgan Freeman.

Who looks as much like an Arab as Bruce Lee. Continue reading →

The Democratic National Convention Presents The Most Unethical Use Of Mothers Yet

/ Jack Marshall / 18 Comments

Mothers

The Republicans exploiting the grief of Patricia Smith, the mother of a young man slain in the 2012 Benghazi attack, by putting her on the party’s convention program was irresponsible and ethically revolting, especially from a party that (correctly) labelled Cindy Sheehan a grief-addled nuisance when she was protesting the Iraq War. Smith’s emotional rant against Hillary Clinton was pure grief porn, and expanded the sensationalist  trend in the news media (and legislative hearings) to use the most conflicted and biased figures imaginable—the loved ones of victims of tragedy—to frame a controversial issue in complex events.

Naturally, the Democratic Party’s allies in the media returned the hypocrisy many-fold. Maureen Dowd of the Times, who had pronounced Sheehan as someone with “absolute moral authority”—because having one’s son killed instantly makes you an authority on foreign affairs, at least when a Republican President is in office—was silent about Smith’s moral authority as she was attacked by critics, including the Washington Post, Chris Matthews, and a GQ writer who wrote that he wanted to “beat her to death.”

Foolishly, I took these attacks as  a hopeful sign that the Democrats and progressives were maturing ethically, and had rendered the proper ethics judgment that by prioritizing emotion over reason, it was unfair, misleading, exploitive and irresponsible to use grieving mothers this way. No, it wasn’t hypocrisy. It was ethical growth. Democrats, unlike Republicans, now knew this was a cheap and tawdry tactic, and they would no longer stoop so low.

Boy, am I gullible.

It was hypocrisy, and the Democrats wouldn’t stoop as low as Republicans, they would stoop much, much, much lower.

Among those who appeared on the Hillary Clinton coronation stage last night were members of Mothers of the Movement, an offshoot of Black Lives Matter. Though the message spoken by these women appeared to be about police brutality, unjustly killed black men and the need to ban guns, their commonality was only this: all of them were mothers of African Americans who died violently, and all of them blame whites, police, guns, the justice system or the United States of America, regardless of evidence, the findings of juries, and investigations. That is a fair description.

Let’s look at the women who appeared on stage: Continue reading →

Ethics Hero: Michael Jordan

/ Jack Marshall / 3 Comments

Michael-Jordan

Pr0 basketball icon and African American role model Michael Jordan has weighed in regarding the tensions and divisions over police shootings and police shot with this remarkably balanced and rational statement, one that also announces productive action on his part, not merely sentiments. Words are cheap, and Jordan knows it.

He said, in a statement Jordan posted via The Undefeated this morning, this:

As a proud American, a father who lost his own dad in a senseless act of violence, and a black man, I have been deeply troubled by the deaths of African-Americans at the hands of law enforcement and angered by the cowardly and hateful targeting and killing of police officers. I grieve with the families who have lost loved ones, as I know their pain all too well.

I was raised by parents who taught me to love and respect people regardless of their race or background, so I am saddened and frustrated by the divisive rhetoric and racial tensions that seem to be getting worse as of late. I know this country is better than that, and I can no longer stay silent. We need to find solutions that ensure people of color receive fair and equal treatment AND that police officers – who put their lives on the line every day to protect us all – are respected and supported.

Continue reading →

Wearing Black Lives Matter Pins In The Courtroom Matters To This Judge

/ Jack Marshall / 6 Comments
Q: Which of these can a judge ban from a courtroom? A: All of them.

Q: Which of these can a judge ban from a courtroom? A: All of them.

Youngstown (Ohio) Municipal Court Judge Robert Milich ordered NAACP attorney Andrea Burton to remove the Black Lives Matters pin she was wearing. The attorney refused, and was declared in contempt of court.

Good.

She was.

Judge Milich  sentenced the grandstanding lawyer to five days in jail, though the sentence has been stayed while she appeals the decision, as   as long as she obeys Milich’s order not to wear items that make a political statement in court. When she loses her appeal, and she will, she will have to serve the five days in jail.

Milich is on firm ethical and constitutional ground, not that this episode won’t subject him to being called a racist. It is well-established that judges can ban political expressions in the courtroom, and in 1998, the Supreme Court let stand the rulings of a federal district court and the 1st Circuit Court of Appeals, in Berner v. Delahanty, that a the judge’s prohibition of political buttons was a reasonable method of “maintaining proper order and decorum” in a courtroom. In that case, the judge prohibited lawyer Seth Berner from wearing  a button saying “No on 1—Maine Won’t Discriminate,” a declaration against an upcoming state referendum.

As long as a judge doesn’t allow one form of political advocacy while banning others, there is no free speech issue. Judges have gotten themselves involved in controversy when they have allowed buttons, as in the 2006 Supreme Court case of Carey v Musladin, in which Court ruled  unanimously that murder trial spectators were free to wear buttons with a picture of the victim in front of the jury that convicted the defendant. The justices agreed with California prosecutors who said the buttons were a harmless expression of grief by family members at Mathew Musladin’s trial.

I really don’t like that decision. A wise judge will avoid the issue by prohibiting any advocacy in court of of any political, social or case-related opinion. Continue reading →