Rights

Comment Of The Day: “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”

/ Jack Marshall / 26 Comments

I am almost caught up on my backlog of Comments of the Day!

This one, by multiple COTDs author Humble Talent, is really two; I’m taking the liberty of combining his later explication with the original comment, as they follow as the night follows day. The topic is bias and double standards in the criminal justice system, and hold on to your hat.

Here is Humble Talent’s 2-for 1 Comment of the Day on the post, “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”:

You know, every now and again when I’m feeling adventurous, I go to a place I think will have a whole lot of people that don’t think like me and poke at their sacred cows. You meet all kinds of people, and recently, I was given probably one of the better answers to a gender/race issue from the other side yet.

The original fact pattern is that racial activists will cite disparate impact as a problem at every stage of an interaction with the legal system. Black people are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. All of this, by the way, is true. It doesn’t account for the five-fold disparity between the black and white prison population on a per capita basis, but it is a thumb on the scale.

The juxtaposition is that the disparity between men and women in the justice system is about six times that of the racial disparity I just described. Men are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. Sonja Starr wrote extensively on this, and despite some of her methodology being questioned, there’s general consensus that she was on to something.

So the question is that if someone is deeply concerned about inequality, that they are genuinely interested in justice for everyone, why wouldn’t you be just as, if not more concerned with the gender disparity, than the racial one? Continue reading →

Yale’s Bigoted Dean And Pazuzu

/ Jack Marshall / 20 Comments

I’m generally a Jonathan Turley fan—for one thing, he makes almost as many typos on his blog as I do— but the George Washington Law School constitutional law professor is the master of equivocation, and this often obscures important facts. Writing about Yale’s  Dean June Chu, recently put on leave by the school  for  online posts showing her to be a racist, a bigot and a hypocrite, he writes that she

“has been a successful academic and administrator at Yale University.  However, that stellar record came to a halt — and Chu was put on leave — after it was discovered that she had written reviews on Yelp deemed offensive.” 

“Deemed offensive” is classic Turley mild-speak, and it misleadingly suggests that the Yale dean has been another victim of campus political correctness because someone “deemed” her words “offensive.” Here is a sample of what she wrote on Yelp in various consumer reviews:

  • In a review of a Japanese steakhouse, Chu wrote, “I guess if you were a white person who has no clue what mochi is, this would be fine for you . . . if you are white trash, this is the perfect night out for you!”
  • She  described a theater as having “sketchy crowds (despite it being in new haven)”
  • She said a movie theater  had “barely educated morons trying to manage snack orders for the obese and also try to add $7 plus $7.”
  • Chu said of a fitness employee that “seriously I don’t care if you would ‘lose your job’ (I am sure McDonalds would hire you).”
  • She called another  gym class instructor ” frail and totally out of shape.”

Interestingly and tellingly, these and other nasty posts by Chu were discovered by students after she sent a campus-wide email  in which she proudly announced that she had become “Yelp Elite,” meaning that she had been recognized by Yelp for “well-written reviews, high quality tips, a detailed personal profile, an active voting and complimenting record, and a history of playing well with others.” Some students decided to see what she had written.  That wasn’t an unpredictable response, so Chu obviously didn’t see anything wrong with the attitudes she had projected. Stunned and disillusioned by what they found, the students  circulated some of the most remarkable of her comments. These  sparked anger from Yale students and alumni, who deemed the posts offensive because, Prof Turley, they were offensive. They were arrogant, elitist, classist and racist, reflected poorly on the institution, and  were not the kinds of expression that supported Yale’s trust in her. Continue reading →

Ethics Quote Of The Week: The New York Times

/ Jack Marshall / 25 Comments

“In passionate testimony before county legislators, and in tense debates with liberal neighbors born in the United States, legal immigrants argued that offering sanctuary to people who came to the country illegally devalued their own past struggles to gain citizenship. Some even felt it threatened their hard-won hold on the American dream.Their objections stunned Democratic supporters of sanctuary here and helped bring about the bill’s demise in March. A similar proposal for the state collapsed this month in the Maryland Senate, where Democrats also hold a two-to-one advantage. Some of the same immigrants spoke out against it.”

— New York Times reporter Sabrina Tavernise,in a story headlined, “Sanctuary Bills in Maryland Faced a Surprise Foe: Legal Immigrants”

Boy, that’s amazing! Who would have guessed that legal immigrants to the United States support the rule of law?

To the utter surprise of Democrats, some people are citizens and Americans first, and don’t believe that their color, ethnicity, religion or gender should get in the way of the core principles at the heart of our culture and history.

__________________

Pointer: Amy Alkon

Indoctrination And Intimidation At The University Of Arizona: Who Will Say, “So What’s The Matter With That?”

/ Jack Marshall / 23 Comments

I feel the same way, Lucy…

There is a dumb joke in an old “I Love Lucy” episode that this story brings to mind.

Lucy is outraged when she reads that there is am all- filly race at the local race track and misunderstands. Horrified, she erupts, “How long  has this been going on? They’re racing little girls at Churchill Downs!” Ricky promptly explains why she was being an alarmist.

I hope that somehow the news item’s reporter got the facts wrong or I am missing something, because this story is far worse than racing little girls, and nowhere near as funny.

The University of Arizona is accepting student applications for what administrators call “social justice advocates.” The job requires the students to “report any bias incidents or claims to appropriate Residence Life staff,” and pays the student workers $10 an hour. They’re expected to work 15 hours a week, earning $600 a month in taxpayer funds—this is a public university—to police their fellow students speech and conduct.

Part of the job description reads:

“The position also aims to increase understanding of one’s own self through critical reflection of power and privilege, identity and intersectionality, systems of socialization, cultural competency and allyship as they pertain to the acknowledgement, understanding and acceptance of differences. Finally, this position intends to increase a student staff member’s ability to openly lead conversations, discuss differences and confront diversely insensitive behavior.”

Their #1 job, however, is to report “bias claims” so the student miscreant involved can face a Star Chamber, or the university equivalent. Such a claim can be what someone regards as  an outright act of “racism,’ which presumably could include anything from using a racial epithet to saying Maxine Waters is an idiot,  to  “microaggressions” like “cultural misappropriation,” or calling a transgender student by the wrong pronoun. The social justice advocate’s job will also include “fostering dialogue” related to “diversity, multiculturalism and social justice”—in other words, to be a full time left-wing scold— and  to “increase  awareness of diverse identities” while “promoting inclusive communities.”

I wonder if being stuffed in a closet or hung on a hook will be considered a “biased incident” by these paid political correctness snitches? That is, after all, what would happen to them on a healthy campus. Will they have little badges and whistles? I think they should get badges and whistles. Or get a uniform like Rolf at the climax of “The Sound of Music.”

They’re racing little girls at Churchill Downs! Continue reading →

“Cockholster” Update: Still Unethical, Not Illegal

/ Jack Marshall / 12 Comments

Or to put it another way, Stephen Colbert’s ugly, vulgar and uncivil slur against President Trump may have been unfunny, biased, demeaning to the audience and the network (CBS), and corrosive to political discourse and the culture—it was all of these—but he didn’t violate any regulations or laws.

Yes, it’s always legal to be smug, pandering, hypocritical jerk.

The FCC spokesman confirmed the commission was not launching an investigation regarding the episode in which Colbert broke new ground in gutter language on network TV.For one thing, the “Late Show With Stephen Colbert”  is exempt from the FCC’s policies on profanity and indecency because its indecent rules only apply to TV and radio shows airing between 10 p.m. and 6 a.m.,  when children are supposedly not in the audience.

That would not save Colbert if his words were judged legally obscene (and thus not protected speech), but Colbert’s comments would not be found obscene under established court standards. Concludes Constitutional law expert (and Supreme Court appointee-in-waiting) Eugene Volokh:
Continue reading →

Bulletin To The Government And Its Indoctrination Centers: Children Have a Right To Like Whatever They Choose

/ Jack Marshall / 139 Comments

In California, that land of the not-so-free and home of the submissive, four high school students were suspended for  “liking” Instagram posts that the school administrators deemed racist. Now they have sued the school.

Good.

This has to stop.

The students, three of them Asian, were suspended after school officials were informed that they had “liked” or briefly commented on Instagram posts that included an image of a black doll juxtaposed with a KKK member, a torch and a noose, and photographs of other students at the school with jokes about their weight and appearance. Let us settle this right now: it doesn’t matter if the images and posts “liked’ advocated incest, cannibalism or Republicans. It is not the school’s role to punish students for thought crimes. This was not a school website, and the posts did not take place on school grounds. This is Big Brotherism, and the fact that the students involved need to be guided and taught does not mean crushing them under the iron boot of the state was appropriate or responsible.

Albany High School explained it was merely trying to provide “an inclusive and respectful learning environment for all of our students.” Translation: We want all our students to absorb our politically correct,  mandated beliefs, and there is no escaping our power.

Students have a right to express their own views, however misguided, in their private lives. Students have a right to hold views San Francisco progressives find offensive. If the school can punish students for “liking” a racist image, it can, and I assume will, eventually punish students who like President Trump. Or Ethics Alarms. Or Ayn Rand. Or veal. Continue reading →

Ethics Quote Of The Day: A Berkeley Student Republican

/ Jack Marshall / 42 Comments

“Ann Coulter is definitely not the hill to die on.”

—-Patrick Boldea, 19, one of five Berkeley Republicans interviewed for the New York Times story, “Life and Combat for Republicans at Berkeley.”

Just call her “Mount Ann.”

Boldea was talking about the recent controversy over Berkeley’s de facto blocking of conservative troll Ann Coulter’s scheduled speaking date at his college because of “safety concerns,” which only means that she was in effect censored because of threats from left-wing student and faculty totalitarians, which comprise most of the student body there.

“She has an image that’s been tainted by a lot of horrific statements,” he explained.

Yes, and that’s exactly why Ann Coulter is  the  perfect “hill to die on,” just as the Nazi marchers in Skokie was the best possible hill for the ACLU to die on…except the ACLU didn’t die in that episode. To the contrary, it established its integrity as a champion of the First Amendment.

Boldea doesn’t understand the principle of free speech, which is unnerving. If young conservatives and Republicans don’t understand freedom of speech sufficiently to fight for it, what hope is there for core American values and personal liberty? Young liberals and Democrats—and a frightening number of older ones—clearly neither understand nor support free expression, unless it is attacks of the President, conservatives and Republicans. Continue reading →

France And Ireland Remind Us Of Two More Reasons To Be Proud And Grateful To Be An American…

/ Jack Marshall / 23 Comments

News Item:

France sought to keep a computer hack of frontrunner Emmanuel Macron’s campaign emails from influencing the outcome of the presidential election, with the electoral commission warning on Saturday that it may be a criminal offence to republish the data. Macron’s team said a “massive” hack had dumped emails, documents and campaign financing information online just before campaigning ended on Friday and France entered a quiet period, effectively forbidding politicians from commenting on the leak.

Polls have been predicting that Macron, a former investment banker and economy minister, is on course for a comfortable win over far-right leader Marine Le Pen in Sunday’s election, with the last surveys showing his lead widening to around 62 percent to 38.

…The election commission, which supervises the electoral process, warned social and traditional media not to publish the hacked emails lest they influence the vote outcome…

“On the eve of the most important election for our institutions, the commission calls on everyone present on internet sites and social networks, primarily the media, but also all citizens, to show responsibility and not to pass on this content, so as not to distort the sincerity of the ballot,” the commission said in a statement on Saturday.

“The commission stresses that publication or republication of these data…could be a criminal offence,” it said.

That’s right: withholding information from the voters because they can’t be trusted to be fair and discerning about what is relevant to their vote and what isn’t is to preserve “the sincerity of the ballot.” This is how they reason in countries without guaranteed freedom of speech, and freedom of the press. Florian Philippot, deputy leader of Le Pen’s National Front party, tweeted “Will Macronleaks teach us something that investigative journalism has deliberately kept silent?” Good question. Continue reading →

Finding His Country In The Jaws Of A Values Crisis, It’s Richard Dreyfuss To The Rescue! or, “This Was No Boating Accident!” [UPDATED]

/ Jack Marshall / 62 Comments

Several episodes in the news this week had me pondering a post about whether the hysteria of “the resistance” has caused a critical mass of Democrats and progressives to lose their grip on basic ethical values, like decency, tolerance, respect, proportion, democracy and citizenship competence. These were all ethics alarms, perhaps especially for liberal Americans with integrity, warnings that their side of the ideological divide is not merely spinning off its axis, but spinning into insanity.

Ethics Alarm #1, and the worst by far, was this astounding scenario out of Newton Massachusetts.

Newton District Court Judge Mary Beth Heffernan freed a previously deported Uber driver accused of three charges of rape on minimal  bail even after a prosecutor insisted that federal immigration agents were drafting a detainer and asked for higher bond to hold him. Tapes of this week’s hearing revealed the judge cutting  arguments short, and before a defense attorney could even counter the prosecution’s $100,000 bail and GPS-monitoring demand, declalred, “Twenty-five hundred dollars cash.” She then set a follow-on court date  and asked, “Is he going to make the bail today?”

On the tape, someone in the courtroom is heard calling out, “Yes.” Heffernan then asked a court employee, “Can you take bail downstairs? Sometimes they won’t, they make them go back out to the House of Correction at 4 o’clock.” The defendant, Luis Baez, promptly disappeared, which was the evident goal of the judge. She was more concerned with allowing an illegal, already once deported immigrant avoid ICE arrest than  protecting the citizens of Massachusetts.

Baez was accused of raping a drunken Boston College student who had hailed his Uber car. Middlesex Assistant District Attorney Raquel Frisardi told the judge that Baez took the young woman to a parking lot and other sites, and raped her three times.. He then dropped his victim  at Boston College, where she reported she had been raped. Baez was introduced to the judge as “somebody known to the Boston police gang unit as having previous involvement in the Mozart Street Gang, someone who had been previously prosecuted and in fact previously deported.”

She didn’t care about any of that. Judge Heffernan, a judicial appointment of Obama pal, former Governor Deval Patrick, was a former public safety secretary in his administration who had resigned in the midst of a scandal. True to her party’s obsession, she was determined to help Baez avoid immigration enforcement.

Ethics Alarm #2 illustrates how warped some even previously warped hyper-partisans have become in their hatred of the President.

Talking on  MSNBC with Chris Hayes about the dangerous situation with North Korea, Hayes, a card-carrying Trump-basher if there ever was one, made the rather obvious statement that he’s “genuinely rooting for” Trump to “handle the North Korea situation well.” Good for Chris Hayes: he’s an American, and partisan hate hasn’t completely eaten his brain. Not Moore though.

“I don’t know if I agree with that,” Moore responded. Moore went on to explain that it is more important to him that Trump fail and thus lose power than for the United States to successfully defuse the rogue nuclear nation and its threat to the world.  “It’s like rooting for a 6-year-old who suddenly swiped dad’s car and figured out how to take it down the road,” the fool stated. “I’m not rooting for the 6-year-old to get on the highway and drive that car. I want the 6-year-old off the highway.”

This accurately expresses the message being broadcast by much of the anti-Trump forces, including the Democratic Party, since the election. They are willing to facilitate almost any damage —in Moore’s case, nuclear destruction—to the nation, its institutions, its stability and the public if it will somehow undo the election, and get Donald Trump “off the highway.” Moore is obviously an extreme case, but when you find yourself in the same camp as someone who thinks like he does, the ethics alarms should be deafening.

Ethics Alarm #3 came in the context of climate change, along with open borders the most intensely and irrationally held tenet of current progressive cant. Continue reading →

Ethics Dunce: Annie Peguero, Defiant Breast-Feeding Mom

/ Jack Marshall / 122 Comments

Ah, yet another feast from the legal/ethical divide, with seasoning from the minority/majority ethics balancing dilemma, and a side-dish of favored group arrogance and entitlement! The beverage? Why breast milk, of course!

Yum!

Annie Peguero’s 19-month-old baby became unruly during the service at the Summit Church in Springfield, Virginia, so she nursed her, right there, in the church. She was quickly asked to move the operation to a private room, but Peguero refused.The church staff told her that it does not allow breast-feeding without a cover because the activity might make members of the congregation uncomfortable.

The mother of two left the church, and soon posted a livestream video on Facebook telling viewers her side of the story and urging women to stand up for breast-feeding.

“I want you to know that breast-feeding is normal,” she said.

Is it normal without any cover in a church? That church? Peeing is normal, but I wouldn’t rely on the “normal” categorization take a whiz in a pew. Farting is normal, but if I felt a big one coming, I would excuse myself. Eating is normal, but chowing down on a huge Italian sub during the hymns would be in bad taste. Sex is normal, but…well, you get the idea. Annie doesn’t.

To complicate the matter, breast-feeding is a legally protected right in Virginia thanks to badly written 2015 law that says women have a right to breast-feed anywhere they have a legal right to be. Dumb law, overly broad, and probably the result of pandering to the mommy lobby while assuming that mothers wouldn’t try to stretch the law to absurd limits. But Virginia also has a Religious Freedom Preservation Act, § 57-2.02, which says,

No government entity shall substantially burden a person’s free exercise of religion even if the burden results from a rule of general applicability unless it demonstrates that application of the burden to the person is (i) essential to further a compelling governmental interest and (ii) the least restrictive means of furthering that compelling governmental interest.

Do we really think that churches shouldn’t be allowed to have dress and decorum codes and policies? Continue reading →