Rights

Spectacularly Incompetent Candidate Of The Month: Paul Ryan Challenger Paul Nehlen

/ Jack Marshall / 14 Comments
"This is Paul. Won't you help him? Paul, like millions of other victims across the land, suffers from Constitution Ignorance Syndrome. This dread malady causes its victims to advocate fascist policies and to sound like idiots in their public statements. But there is hope for Paul, and those like him. Please give, and give generously, To "Educate Paul." a non-profit charity. Your gift is tax-deductible, and you will have made the United States a little less stupid with every penny you contribute to this vital cause."

“This is Paul. Won’t you help him? Paul, like millions of other victims across the land, suffers from Constitution Ignorance Syndrome. This dread malady causes its victims to advocate fascist policies and to sound like idiots in their public statements. But there is hope for Paul, and those like him. Please give, and give generously, To Educate Paul a non-profit charity. Your gift is tax-deductible, and you will have made the United States a little less stupid with every penny you contribute to this vital cause.”

This was the guy that Donald Trump was supposedly going to endorse as retribution for Speaker Ryan’s negative comments? It’s comforting, isn’t it, that Trump isn’t that irrational? Ann Coulter is, but Trump isn’t. (At least in this case.)

Paul Nehlen is the arch conservative and certifiable ignoramus who is challenging House Speaker Paul Ryan in Wisconsin’s First Congressional District’s Republican primary. Interviewed last week on “Chicago’s Morning Answer,” Nehlen said that he wonders why we have any Muslims in the country, and suggested that there should be a public debate about tossing Muslims out of the U.S.

Here’s a partial transcript of the relevant comments Nehlen made to hosts Amy Jacobson and Dan Croft: 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 →

Ethics Quiz: “Advertising” Safe Zones

/ Jack Marshall / 132 Comments

illegal crossing sign

Interesting.

The U.S. Customs and Border Protection (CBP) includes information on its website about “Sensitive Locations,” which is CBP-speak for “Places where we won’t arrest you if you are an illegal immigrant.”  In careful, oh-so-delicate and respectful language, the agency explains that immigration laws are not to be enforced at  designated “sensitive locations”  so that illegal aliens can be “free” to live their lives “without fear or hesitation.”

It reads in part…

“The policies provide that enforcement actions at or focused on sensitive locations such as schools, places of worship, and hospitals should generally be avoided, and that such actions may only take place when (a) prior approval is obtained from an appropriate supervisory official, or (b) there are exigent circumstances necessitating immediate action without supervisor approval.  The policies are meant to ensure that ICE and CBP officers and agents exercise sound judgment when enforcing federal law at or focused on sensitive locations, to enhance the public understanding and trust, and to ensure that people seeking to participate in activities or utilize services provided at any sensitive location are free to do so, without fear or hesitation.”

“This policy is designed to ensure that these enforcement actions do not occur at nor are focused on sensitive locations such as schools and churches” without meeting special exceptions, the  ICE Sensitive Locations Policy states.

Locations covered by  Sensitive Locations Policy  include, but are not limited to:

  • Schools, such as known and licensed daycares, pre-schools and other early learning programs; primary schools; secondary schools; post-secondary schools up to and including colleges and universities; as well as scholastic or education-related activities or events, and school bus stops that are marked and/or known to the officer, during periods when school children are present at the stop;
  • Medical treatment and health care facilities, such as hospitals, doctors’ offices, accredited health clinics, and emergent or urgent care facilities;
  • Places of worship, such as churches, synagogues, mosques, and temples;
  • Religious or civil ceremonies or observances, such as funerals and weddings; and
  • During public demonstration, such as a march, rally, or parade.

“The enforcement actions covered by this policy are (1) arrests; (2) interviews; (3) searches; and (4) for the purposes of immigration enforcement only, surveillance,” the ICE  further explains.

The CBP  “FAQ” answers are accompanied by a Spanish translation, and the CBP website  provides a toll-free number and email address so aggrieved illegal aliens can report immigration that violate these policies.

As I said…

Interesting.

Your Ethics Alarms Ethics Quiz of the Day is…

Is this a responsible, competent and ethical exercise of government power?

Continue reading →

Four Supreme Court Decisions: Abortion, Guns, Affirmative Action, Corruption…And Ethics. Part 4: Voisine v. United States

/ Jack Marshall / 25 Comments
"Aw, come on, that was a love tap! Now put some ice on that while I go out and buy a Glock...."

“Aw, come on, that was a love tap! Now put some ice on that while I go out and buy a Glock….”

Be honest, now: you thought I’d never finish this series, did you? (Part 1 was posted June 28.)

In Voisine v. United States, a 6-2 U.S. Supreme Court holding issued on June 27 approved extending a federal statute banning firearms possession by anyone convicted of a “misdemeanor crime of domestic violence” to include individuals who have “misdemeanor assault convictions for reckless (as contrasted to knowing or intentional) conduct.”

Justice Elena Kagan, writing for the majority, said that “the federal ban on firearms possession applies to any person with a prior misdemeanor conviction for the ‘use…of physical force’ against a domestic relation. That language, naturally read, encompasses acts of force undertaken recklessly—i.e., with conscious disregard of a substantial risk of harm.”

The opinion isn’t remarkable, nor is it a significant attack on gun rights. The case is really about language, as so many Supreme Court cases are. From the opinion:

“Congress’s definition of a “misdemeanor crime of violence” contains no exclusion for convictions based on reckless behavior. A person who assaults another recklessly “use[s]” force, no less than one who carries out that same action knowingly or intentionally. The relevant text thus supports prohibiting petitioners, and others with similar criminal records, from possessing firearms.”

The real question, from an ethical standpoint, is whether Congress can and should remove a citizen’s Second Amendment right based on a misdemeanor conviction for domestic abuse. Is that fair? Sure it is. It is already settled law that it is Constitutional to prevent convicted felons from owning  guns, even if it was a non-violent felony. From an ethical public policy standpoint, why would it be overly restrictive to ban gun ownership from those who engage in a violent misdemeanor?

Writing in dissent, Justice Clarence Thomas, joined by Justice Sonia Sotomayor (of all people), rejected the majority’s “overly broad conception of a use of force.” In the view of the two dissenters, “the majority blurs the distinction between recklessness and intentional wrongdoing” and thereby does a grave injustice to criminal defendants. 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 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 →

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 →

DNC Progressives Jump The Shark

/ Jack Marshall / 10 Comments
Pop Quiz: Name all the ways this photo is appropriate to the post...

Pop Quiz: Name all the ways this photo is appropriate to the post…

[A “Happy Days” reference seems felicitous, since last week saw series creator, writer and frequent director Garry Marshall head off to the Big Malt Shop In The Sky. In addition to having the good taste to be named Marshall, Gary’s myrth-inducing career in TV and movies as a producer, writer, director and actor (Marshall’s turn in “Lost on America” as the incredulous casino boss whom a desperate Albert Brooks tries to persuade to give back the life savings lost by Brooks’ wife in a mad gambling spree might be my favorite comic acting bit of all time) was long and productive, and the culture will miss him greatly. As will I. ]

Attention must be paid to the fact that while the speakers at the Republican National Convention sounded scary (to some), the Democratic National Convention authorities acted scary.

Twenty-one Vermont Democrats have filed an official complaint with the party, protesting that the Democratic leadership ordered  the state party to replace Vermont Sen. Tim Ashe and party member Ken Dean with women, in the name of “gender balance” without adequate due process.

By all means, let’s make sure that gender discrimination in pursuit of the greater good and Progressive Nirvana is done with due process!

I think it’s cute that both political parties are losing their minds at the same time, don’t you? Continue reading →

From An Ethics Dunce Playmate Of The Year, A Full Pazuzu!

/ Jack Marshall / 11 Comments

dani-mathers post

Dani Mathers is a former Playmate of the Year. On the left below, you see Dani as she appears to unknowing bystanders; on the right, the oil portrait of herself that she keeps in the attic.

Dani+Mathers

Befitting the character and soul accurately portrayed by the portrait, the skin-deep beauty took a cellphone photo of an unaware naked female member of LA Fitness in the gym’s shower. Then Dani posted the pic on Snapchat with the caption, “If I can’t unsee this then you can’t either.”

The actual photo does not have the victim’s body blotted out.

Said LA Fitness of  Dani:”Her behavior is appalling and puts every member’s privacy at risk. We have handled this internally and also notified the police.”

Of course cell phone photography is prohibited in locker rooms. Doing what Mathers did may also be against the law.

Caught with her ugly soul exposed to the world, the model reverted to full Pazuzu mode. Pazuzu was the demon who made poor Linda Blair say all those horrible things in “The Exorcist,” and the Pazuzu Excuse is what Ethics Alarms calls apologies for horrible statements or conduct that include such incredible statements as “Those statements do not express my real beliefs,” “That doesn’t reflect who I am,” and the always popular “That wasn’t me.” Continue reading →