Rights

Kafka Middle School, New Jersey, Where Nothing Makes Sense, And Nobody Cares

/ Jack Marshall / 22 Comments

The Trial

“I know you love these,” wrote the friend and reader who sent me the latest example of student abuse by school administrators who have lost their minds. No, I really don’t. They make me sick and angry and leave me with the feeling of having just stepped off the curve and had a bus whiz by close enough for me to feel the breeze. If this happened to my son, I could see myself snapping and going for the responsible administrator’s throat. This was not an inconsiderable factor is choosing to home school.

Glen Meadow Middle School (in Vernon, N.J.) seventh grader Ethan Chaplin told reporters that he was twirling a pencil with a pen cap on in math class when a student who harassed him earlier in the day shouted, “He’s making gun motions! Send him to juvie!”  As local school Superintendent Charles Maranzano explained, policy and law requires him to investigate any time a student is made  “uncomfortable” or threatened by another student. Thus it was that Ethan was summarily stripped, forced to give blood samples (which allegedly caused him to pass out) and urine samples, so he could be tested for drugs.  Four hours later a social worker cleared him to return to class, but a doctors decreed that a five-hour physical and psychological evaluation was necessary before the boy would be allowed back in school.

Continue reading →

Ethical Quote Of The Week: Andrew Sullivan

/ Jack Marshall / 46 Comments
You are dead to me, Firefox. Tell your mama.

You are dead to me, Firefox. Tell your mama.

“Will he now be forced to walk through the streets in shame? Why not the stocks? The whole episode disgusts me – as it should disgust anyone interested in a tolerant and diverse society. If this is the gay rights movement today – hounding our opponents with a fanaticism more like the religious right than anyone else – then count me out. If we are about intimidating the free speech of others, we are no better than the anti-gay bullies who came before us”

—-Blogging pioneer and gay rights advocate Andrew Sullivan, writing yesterday about Mozilla’s craven capitulation to gay rights bullies who demanded the removal of new CEO Brendan Eich “who had the gall to express his First Amendment rights and favor Prop 8 in California by donating $1,000.”

Corporations, as the Duck Dynasty flap depressingly illustrated, tend to be spineless, irresolute and principle-free. This instance of that tendency, however, is more alarming and harmful than most. Capitulating to arrogant, self-righteous, power-hungry forces on the left or right only makes them more voracious: we will know who to thank first when boycotts abound demanding that anyone who questioned Al Gore’s climate change hysteria be sacked.

Thank you, Mozilla.

Continue reading →

Jerry and Jared Remy, Parental Accountability, Hindsight Bias, and The Bad Seed

/ Jack Marshall / 26 Comments

This is a tragic local story with vast ethics significance.

Father and son.

Father and son.

Long-time Boston Red Sox broadcaster Jerry Remy, a native Bostonian and former player who has been a vivid part of the Boston sports scene since 1977, was stunned by tragedy last summer when his oldest son, Jared, 35, allegedly murdered his girlfriend by stabbing her to death as their  ive-year-old daughter looked on. Prior to the incident, most New Englanders were unaware of Jared Remy’s problems, but his ugly past soon found its way into the newspapers.

A recent Boston Globe investigative report appeared to be the saga of a “bad seed” right out of a horror movie, for Jared Remy, son the popular, affable Jerry, had been arrested, and released, 19 times, for an assortment of alleged crimes, many of them violent. They included battering and threatening a high school girlfriend; pushing a pregnant girlfriend out of a moving car; texting death threats to her, and attempting to beat her up; threatening to kill yet another girlfriend;  terrorizing a fourth sufficiently that police were called to their apartment eight times; and involvement in steroid peddling and abuse. The Globe also obtained the testimony of a woman who alleges that Jared joined her in brutally beating a high school boy, causing him permanent brain injuries.

The Globe story (and others) raised the question of how and why the Massachusetts justice system kept releasing Jared. It is a valid question, not peculiar to his case, unfortunately. Many have speculated that Jared’s  status as the son of popular Boston sports figure played a part in getting him extraordinary leniency, but as Remy’s lawyer pointed out, several of the incidents also involved complainants and alleged victims who refused to testify or withdrew their complaints. In the realm of domestic abuse, evidently Jared Remy’s specialty, this is too common. The Globe writer, Eric Moskowitz, also insinuated that the Remys went too far in supporting their disturbed, violent and troubled son, who had learning disabilities and other clinical behavioral problems. They apparently paid for psychiatric treatment, counseling and legal fees, and helped with his rent and other expenses, though the extent of this has not been confirmed by the Remys, the only ones who could be authoritative on the topic. The rest is hearsay.

Jerry Remy, who has battled depression his whole adult life, withdrew from his role as color commentator after his son’s arrest, missing the Red Sox championship run. Outside of a brief statement condemning his son’s actions and expressing condolences to the parents of the victim, Jennifer Martel, Remy was silent until announcing this Spring that he would try returning to the broadcast booth for the upcoming season. Then, as Spring Training for the Red Sox ran down and Remy seemed, outwardly at least, capable as ever of being an affable presence with whom to watch the home team’s exploits,  the Globe story appeared. The revelations about Jared unleashed an unexpected (by me, at least) backlash against his father, and Bostonians in droves bombarded the sports radio talk shows, blogs and news media websites with the opinion that Remy should step down as Red Sox color man for cable broadcasts. How they reached this ethically indefensible position is instructive regarding how inept and unskilled most people are in day-to-day ethical analysis, how emotion becomes a substitute for objectivity and logic,  how hindsight bias makes experts and judges out of individuals with the credentials of neither, and also how ignorant most of the public is about the ethical obligations and duties of the legal profession.

Here are the reasons being cited for why Jerry Remy should give up his career:

Continue reading →

Privacy, Facebook, And School Abuse of Power

/ Jack Marshall / 24 Comments

Riley StrattonIt can a bit late to the party, in my view, but the ACLU just delivered a crucial blow to Big Brotherism in the schools. Addressing an issue that Ethics Alarms flagged in 2011, Minnewaska Area Schools (in Minnesota) agreed to pay $70,000 in damages to Riley Stratton, a 15-year-old high school student,

for violating her rights. It also agreed, as part of the federal court settlement, to rewrite its policies to limit how far a school can intrude on the privacy of students by examining e-mails and social media accounts created off school grounds.

In 2012, the ACLU Minnesota Chapter filed a lawsuit against the Minnewaska School District after it suspended Stratton for a Facebook post, written and published outside of school, in her home, in which she expressed hatred for a school hall monitor who she said was “mean.”  After the suspension, Stratton used Facebook to inquire which of her “friends” had blown a whistle on her. School officials brought the young teen into a room with a local sheriff and forced her to surrender her Facebook password. Officials used it to searched her page on the spot; her parents were not consulted.

“A lot of schools, like the folks at Minnewaska, think that just because it’s easier to know what kids are saying off campus through social media somehow means the rules have changed, and you can punish them for what they say off campus,” Minnesota ACLU attorney Wallace Hilke said. “They punished her for doing exactly what kids have done for 100 years — complaining to her friends about teachers and administrators. She wasn’t spreading lies or inciting them to engage in bad behavior, she was just expressing her personal feelings.”

Not that it was any of the school’s business if she was spreading lies or inciting others to bad behavior. This phenomenon, where schools decide that they have a right to punish students for non-school activity, words and thoughts  was discussed on Ethics Alarms, and condemned as unethical, here, here, here, and here, and more recently here.

Minnewaska Superintendent Greg Schmidt protested (the school settled without admitting any wrongdoing) that the school only wants to make sure kids understand that actions outside of school can be “detrimental.” “The school’s intent wasn’t to be mean or bully this student, but to really remedy someone getting off track a little,” Schmidt said. Not your job, you officious, censorious, child abuser. This is the sole realm of parental authority. I have seen enough wretched judgement from your breed, Mr. Schmidt—like (I’m picking examples randomly) here, here, here, here and here—to convince me and anyone with a cerebral cortex that school administrators lack the training, wisdom and judgment to know what “going of track a little” is for a 13-year old.

Stay out of my kids’ life and my family’s life. You have enough trouble running schools properly…work on that.

________________________

Sources: Daily Caller, ACLU, Minnesota Star Tribune

Why Are American Liberals Espousing Censorship And Mind-Control?

/ Jack Marshall / 49 Comments

zipper on mouth

I say “suddenly” because I always thought of censorship and mind-control as Big Brother, “1984” stuff, the tools of fascism and totalitarian dictators. Yet for several years, the primary calls for impeding open debate and limiting the tools that facilitate it have been coming from the left. No labels. No “eliminationist rhetoric.” Ban “retarded.” Ban “nigger.” Now a best-selling feminist, Facebook COO Sheryl Sandberg, has launched a fatuous campaign to ban the word “bossy,’ on the theory that it is wielded against incipient female leaders and crushes their spirits and aspirations. (I would counter that any girl who can’t stand up to a word isn’t a very promising leader to begin with.) Unable to mold human nature to its liking with reason, facts and persuasion, the increasingly popular tactic seems to be removing the ability to engage in the kinds of thinking and conduct that liberals, with varying justification, find repugnant. Linguists have shown that ideas that can’t be expressed are difficult to form, much less argue for. Eliminate bigotry, bias, inequality, and social injustice by making them impossible to articulate, and then even conceive! Brilliant!

Now Lawrence Torcello, an American philosophy professor with a Ph.D. from the University at Buffalo, has published  an essay in the academic website The Conversation arguing that dissent about climate change and the human role in it is so sinister that it “ought to be considered criminally negligent.” Continue reading →

“My Little Pony” Ethics, Blaming the Victim, and the Dilemma Of The Bully Magnet

/ Jack Marshall / 65 Comments
Rainbow Dash...awwww!

Rainbow Dash…awwww!

Nine-year-old Grayson Bruce likes “My Little Pony,” a long-running animated children’s TV show that has a cult following in the gay community. He decided to show his affection for the show by carrying his lunch in a “Rainbow Dash” themed bag featuring a popular equine character. Now some of Grayson’s fellow male students at the Buncombe County (North Carolina) elementary school he attends have stepped up their harassment of the boy as a reaction to his tastes in entertainment and accessories.

“They’re taking it a little too far, with punching me, pushing me down, calling me horrible names, stuff that really shouldn’t happen,” Grayson says. It’s not like he doesn’t understand why. “Most of the characters in the show are girls, and most of the people put it toward girls,” he notes. His mother complained to the school, and it says it is taking appropriate measures to deal with the bullies and bullying in general. It also told Grayson to leave Rainbow Dash at home, caliming that it is a “trigger for bullying” and a distraction. Mom, Noreen Bruce, objects. Continue reading →

Ethics, Justice and Punishment: The Don Collins-Robert Middleton Case

/ Jack Marshall / 28 Comments

Collins

Several readers sent me this case, which is as odd as it is horrible. In 1998, Don Willburn Collins allegedly attacked, possibly raped, and set on fire an 8 year-old boy named Robby Middleton when Collins was 13, and Middleton was only 8. Collins spent several months in juvenile detention but was released when prosecutors decided they did not have enough evidence to convict him. Middleton survived, permanently scarred and maimed, his health ruined. In 2011 he died of skin cancer, which doctors attributed to his burns. Shortly before he perished, he gave a video deposition accusing Collins of the crime.

Now a judge has ruled that Collins can be prosecuted for Middleton’s murder, since he died as a direct consequence of the attack 13 years earlier. Moreover, the judge said, he can be charged as an adult, though he was a juvenile when the attack took place.

The case raises many legal issues, and I am neither prepared nor interested in exploring those. I suspect that the task facing prosecutors is insuperable, given the time that has passed, issues of proof and law, and the gut feeling many jurors will harbor that such a conviction would be unfair.

I will render this ethics verdict, however: If Collins was the attacker, I believe it would be fair, just and ethical for him to be punished for it now as an adult, for that is what he is. Continue reading →

Ethics Quote of the Day: Ken White at Popehat

/ Jack Marshall / 36 Comments

File photo of U.S. Director of Exempt Organizations for the IRS Lerner being sworn in to testify before a House Oversight and Government Reform Committee hearing in Washington

“Pardon me: if you accept the proposition that the government targets organizations for IRS scrutiny because of their political views, and you still say things like ‘why take the Fifth if you have nothing to hide’, then you’re either an idiot or a dishonest partisan hack.”

—-Attorney-blogger Ken White, discussing former IRS official Lois Lerner’s refusal to testify in front of Rep. Daryl Issa’s House Government Oversight Committee

Good point.

Elaborating on the point before this statement, Ken points out why this is so:

“You take the Fifth because the government can’t be trusted. You take the Fifth because what the truth is, and what the government thinks the truth is, are two very different things. You take the Fifth because even if you didn’t do anything wrong your statements can be used as building blocks in dishonest, or malicious, or politically motivated prosecutions against you. You take the Fifth because if you answer questions truthfully the government may still decide you are lying and prosecute you for lying.”

Got it. Or, you take the Fifth because you really did engage in illegal activity in a coordinated effort to obstruct legal political action for partisan motives, on orders from someone with close ties to the White House, which still may be the case.

In the same post, Ken explains that Lerner may have waived her Fifth Amendment right against self-incrimination, or may not. If she has, then she is in contempt of Congress. If she hasn’t, she isn’t.

My observations on this slow-motion ethics train wreck: Continue reading →

Post-Sandy Hook No-Tolerance Encore: Another Finger-Gun Massacre

/ Jack Marshall / 20 Comments
"Level One or Level Two gun? Wait...I'm sorry! It's just a finger!"

“Level One or Level Two gun? Wait…I’m sorry! It’s just a finger!”

Should Ethics Alarms post on substantially the same ethics stories every time they occur? The news that an Ohio fifth grader has been suspended from school for three days for the offense of making an imaginary gun out of his fingers is just such a repeat. I wrote about a similar no-tolerance episode in Montgomery County a year ago, here and here. What is left to say, and why say it again?

I think you have to say it again, in this case at least, because it didn’t sink in the first time. In Montgomery County, Maryland, the school system was forced to revoke the suspension and even apologized to the boy as a result of the ridicule that showered down on the hapless administrators who inflicted the absurd punishment. Officials at Devonshire Alternative Elementary School, where ten-year-old Nathan Entingh wielded his deadly digits “execution-style,” couldn’t have missed the Maryland fiasco, yet they failed to absorb its lesson, which seems extremely obvious to the reasonable, the fair and the responsible: “This is stupid, cruel and abusive treatment. Don’t do it.”

Why didn’t they heed the lesson? I think one reason may be that such hysterical policies are now less about hysteria than they are about thoughtful anti-gun indoctrination. Continue reading →

The Comfort Women Memorial Lawsuit: A “Disgusting” Legal Argument, Perhaps…Unethical, No

/ Jack Marshall / 33 Comments
The Glendale Comfort Women Memorial

The Glendale Comfort Women Memorial

The large and respected law firm Mayer Brown has taken the ugly case of some Japanese-American clients who want the city of Glendale, California to remove a memorial to World War II “comfort women” from a public park. In doing so, and in the way it is proceeding, the firm has inspired harsh condemnation from two estimable legal commentators, both First Amendment champions: Marc Randazza, and Ken White. Their objections, which caused Randazza to call the firm “the least honorable law firm in the world,”and White to conclude, “This lawsuit is thoroughly contemptible. It should fail, and everyone involved should face severe social consequences,” are heartfelt, but, I think, misguided. Their argument, beside arguing that the lawsuit is frivolous, is best articulated by Randazza: Continue reading →