Rights

Comment Of The Day: “Let’s Play “What’s Wrong With This Guy?”!”

/ Jack Marshall / 2 Comments

There I was, thinking dark thoughts and moping about the horrible traffic here over the weekend, and along comes A.M. Golden to remind me that this blog has always sought to inspire quality rather than quantity, with this superb Comment of the Day on the post about the enterprising Mr. Clifford, who feels that IBM isn’t him paying him enough not to work for 30 years, Let’s Play “What’s Wrong With This Guy?”! Here it is; it even has a “Facts of Life” reference!

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Stipulated: The plaintiff’s disability could be a legitimate one. We don’t know. That doesn’t really change my answer.

How did we get here?

The Deep Pockets Rationalization aka The Jo Polniaczek Excuse: Named for Nancy McKeon’s character on the ’80s show “The Facts of Life.” In one episode, Jo borrows a watch belonging to her frenemy, wealthy Blair Warner, without asking so she can time herself while taking an exam. On her way back, the watch is damaged when she jumps into a quick basketball game. She blows it off because Blair is wealthy and has a lot of watches.

The Deep Pockets Rationalization states that the person with the most money should pay even if not at fault. A guy driving a Hyundai hits a guy driving a BMW. The Hyundai driver tries to argue that the BMW driver should pay for everything because he has more money. A person trips in a store and tries to compel the business to pay even though she tripped because she wasn’t paying attention to what she was doing. Or a restaurant is pressured to pay for a disfigured child’s surgery after the family failed to extort money with false allegations against employees (Remember the KFC incident from a few years’ back?).

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A Hanlon’s Razor Challenge: Is The Decline Of History Literacy Among U.S. Students Due To Malice Or Incompetence?

/ Jack Marshall / 10 Comments

[I apologize for using that Sam Cooke song to introduce this topic, as it is lazy and obvious, but 1) we don’t hear enough of Sam Cooke, one of the many great voices of the Fifties, and 2) I’ll always take a video over a picture, and I’ll always choose a song over just words.]

The National Assessment of Educational Progress (NAEP) released last week showed that about 40% of eighth graders scored below the basic level in U.S. history in 2022, compared to 34% in 2018. Only 13% of students performed at or above the “proficient” level in U.S. history. In addition, Eighth graders’ average civic scores decreased by 2-points compared to 2018, the NAEP results show. They are comparable to results from 1998, which is the first assessment year for civics under the current framework.

Why this should surprise anyone is a mystery. Although the decline is being attributed to the pandemic and the beyond idiotic (but politically unavoidable) lockdown, it has been clear for years that indoctrination according to partisan and woke agenda items had taken priority over teaching history and civics as the teaching ranks have become increasingly populated by ideologues and proto-Marxists who themselves don’t know much about history. It is deemed more important today to teach children that they are either the victims of systemic racism or complicit in it as well as the complex joys of alternate sexual orientations rather than the content of the Constitution, the U.S. role in winning World War II, or the issues underlying the Civil War.

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Comment Of The Day: “I THOUGHT This Issue Would Eventually End Up At The Supreme Court, And Here It Is!”

/ Jack Marshall / 9 Comments

Now that the question of whether Donald Trump was violating the First Amendment when he blocked nasty commenters on his tweets (like every other Twitter-user could do) has some distance from the reflex “That asshole! Serves him right that the courts stopped him” response from the Trump Deranged, the issue has sparked some varied and interesting commentary. Yesterday’s EA post sure did; I even managed to trigger a violent argument between two long-time esteemed commenters here.

I remain very ambivalent on the issue. Here is Rich in CT’s Comment of the Day raising a parallel that is one of the reasons.

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I serve on a local board, and in Connecticut at least, there is no inherit right for the public to speak in any particular forum (during the conduct of official business). If comments are allowed, it is up to the discretion of the board (pursuant to applicable bylaws), and they can be limited to a specific topic to help the board make a lawful and effective public policy decision. Disruptive comments can be barred. My board has never had to remove a disruptive individual, but we have that right if needed as they speak as our guests.

We’ve had heated exchanges, and have had to frequently warn the public that comments must remain on topic and civil. Allowing uncivil comments, in fact, can create a “hostile forum” that can potentially bias the commission again a particular applicant. Courts can vacate decisions made during such conditions, and made adjudicate the application itself, taking the decision completely out of the commission’s control.

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I THOUGHT This Issue Would Eventually End Up At The Supreme Court, And Here It Is!

/ Jack Marshall / 27 Comments

A federal appeals court in New York ruled in 2019 that President Trump’s Twitter account was a public forum from which he was powerless to exclude people based on their viewpoints. Judge Barrington D. Parker Jr. wrote for a unanimous three-judge panel of \ the U.S. Court of Appeals for the Second Circuit, “We conclude that the evidence of the official nature of the account is overwhelming…We also conclude that once the president has chosen a platform and opened up its interactive space to millions of users and participants, he may not selectively exclude those whose views he disagrees with.”

I wondered at the time if the ruling was a by-product of anti-Trump mania, and I still wonder if the same ruling would have been made had the sensitive official tweeter been Barack Obama. I confess to being torn on both the ethics and the law regarding the matter.

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Oh For God’s Sake…A 6th Grader Should Know This Law Is Unconstitutional, And The Texas Senate Doesn’t? [Corrected]

/ Jack Marshall / 13 Comments

Texas Senate Bill 1515, introduced by Sen. Phil King (R-Weatherford), an ethics dunce, is on the way to the Texas House for consideration. Given the degree of right-wing derangement in Texas, a fair match for Woke Derangement in California, New York and other states, it’s a better than an even bet that public schools in Texas will be required to prominently display the Ten Commandments in every classroom starting next school year. Next up, I suppose, will be a Texas law requiring citizens to say the Lord’s Prayer every morning and to pass a yearly Bible literacy test or be forced to wear sack cloth and ashes. There is no chance, zip, nada, uh-uh, zippo, that the Ten Commandments law survives a legal challenge. None. That is not, as Mona Lisa Vito states under oath in “My Cousin Vinny,” an opinion. It’s a fact.

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On Waco, “Waco,” And Cults

/ Jack Marshall / 15 Comments

Another horrible occurrence that I did not mention yesterday while review the ethics-related events of April 19 through the centuries was the tragic conclusion of the FBI’s seige against Mount Carmel in Waco, Texas, in 1993. After a 51-day stand-off between the federal government and an armed religious cult, the compound burned to the ground, with about 80 members of Branch Davidians, including 22 children, dying in the blaze.

This was an ethics train wreck to be sure, and an unusually deadly one. There are so many documentaries and online accounts of the incident (of various quality and accuracy) that I’m not going to add to them here. I do recommend the 2018 Showtime docudrama series “Waco,” which is now streaming with a fascinating new sequel, “Waco: Aftermath,” currently being presented on Showtime.

There is a natural bias in “Waco”: its main sources were a book by one of the survivors and cult members whose wife perished in the fire, and another by an FBI negotiator who was extremely critical of how the agency handled the situation. Both authors come off as heroes of the disaster to the extent that such a botch can have heroes. When the docudrama premiered in 2018, many reviewers complained that the writers treated the FBI as the villains of the story, with cult leader David Koresh portrayed too sympathetically.

My impression, seeing “Waco” now, is that the series’ creators were on to something that has come into sharper focus in recent years. The FBI abuses its power, is badly managed, has too much autonomy, and can’t be trusted. That should have sunk in in 1993, but the news media was determined to let the hallowed law enforcement agency, Attorney General Janet Reno, and especially President Bill Clinton off the hook. I remember the coverage well: Koresh’s cult was lumped into the paramilitary and survivalist anti-government movement of the period. The Waco siege followed on the heels of the Ruby Ridge fiasco the year before, involving the same federal agencies, the FBI and the ATF. Even though that fatal showdown was ultimately shown to be exacerbated by the Feds (and a lawsuit found the agencies liable for damages), the public and media still were conditioned to regard the FBI as the “good guys.” Sure, it was tragic that people died, but the consensus was that they brought it on themselves, sad as the outcome was. At the time, I found it astounding that Reno wasn’t forced to resign, and that President Clinton escaped any accountability at all.

Much of that result was because of the subsequent Oklahoma City Bombing by Timothy McVeigh in 1995. Public opinion was turning against the trend of over-aggressive government following Waco: Rush Limbaugh in particular was leading a daily attack on what he saw as as Big Government restrictions on personal liberties (like the right to live out in the desert with fellow followers of a deranged but charismatic religious fanatic who claimed to be chosen by God). Once McVeigh’s truck brought down the Alfred P. Murrah Federal Building, destroyed or damaged 324 other buildings within a 16-block radius, killed 168 people and injured 680, however, public opinion turned decisively the government’s way. McVeigh cited Waco as a major reason for his terrorism, and the Cognitive Dissonance Scale worked its predictable magic: now the Branch Davidians were linked to pure evil. The FBI, and thus the U.S. government, propelled to the other side of the scale, the “good guys” at Waco, at Ruby Ridge, and always.

They aren’t, and weren’t. “Waco,” for all its flaws, makes that contrary conclusion unavoidable.

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Twitter Is Being Attacked For Loosening Its Hateful Conduct Policy. Twitter Shouldn’t Have A Hateful Conduct Policy [Corrected]

/ Jack Marshall / 15 Comments

It is increasingly obvious that the progressive critics of Elon Musk’s efforts to make Twitter a neutral platform that encourages and facilitates communication and dialogue never wanted free speech. They wanted speech that they approved of and that advanced their agendas. The pre-Musk iteration of Twitter pleased them: conservatives breached the slanted rules and enforcement of them; those using ad hominem attacks against the “right” targets and “for the greater good” knew they had a free pass.

In the Bizarro World of “DEI,” fairness isn’t equitable, equal treatment isn’t fair, and free speech isn’t “safe.”

The latest example of this attitude came as Twitter modified its “Hateful Conduct Policy” this month. The prohibitions on “Slurs and Tropes” no longer includes “targeted misgendering or deadnaming of transgender individuals.” Deadnaming is when one intentionally (or unintentionally) uses a transgender individual’s pre-transitioning name, as in calling Caitlin Jenner “Bruce.”

This reasonable and ethical removal of a restriction ripe for abuse by speech censors and WrongThink police has now been labelled proof of Twitter’s approval of transphobia. In fact, it should mark the beginning of the elimination of the “Hateful Conduct Policy” entirely.

At the threshold, the very title of the section wounds free speech goals: it supports the Totalitarian Left’s position that mere speech is conduct that makes certain groups and individuals “unsafe,” and that the “hate speech” label, which cannot be defined sufficiently precisely not to be abused as a standard, describes expression that is not protected by the First Amendment.

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Ethically And Legally, Yeshiva University Can’t Have It Both Ways

/ Jack Marshall / 11 Comments

Yeshiva University is in a legal fight with a group of LGBTQ students, the YU Pride Alliance, that demands that the Modern Orthodox Jewish university recognize their campus club. To make the argument that it can refuse to do so, Yeshiva is claiming that it is a religious institution, which would which would exempt it from anti-discrimination laws under the First Amendment.

There’s a problem, though, a rather substantial one. Before the 2021 lawsuit, Yeshiva held itself out as an educational institution, which made it eligible for public funds but also meant that it could not defy city and state non-discrimination laws. The institution has received an estimated $230 million in taxpayer dollars to pay for the construction and renovation of its facilities, among other expenses, when it claimed to be an educational institution before 2021.

Now Yeshiva is stuck. The chairman of the State Senate Judiciary Committee has stated, “Regardless of anyone’s motives, misrepresentation to procure public money is dishonest and could potentially violate state law.” If it acquired those state funds legitimately, then Yeshiva cannot deny the students their organization without breaking the law. If the school has always been a religious institution as it now claims, it engaged in fraud by claiming otherwise to get $230 million dollars. Continue reading →

No, This Is Not An April Fools Post. It Is A “Great Stupid” Post That I WISH Were An April Fools Post…

/ Jack Marshall / 16 Comments

The standard issue virtue-signaling woke gibberish above introduces Michigan State University’s “Strategic Plan,” which is more virtue-signaling woke gibberish. You can’t “empower excellence” if you “advance equity,” since equity now means “pay no attention to excellence or actual qualifications and ability, the goal is to make sure everyone gets to the same place.” That requires penalizing excellence, or hobbling it. The strategic plan itself is introduced with this consultant-speak blather: “We envision a Michigan State University that has significantly expanded opportunity and advanced equity, elevated its excellence in ways that attach vital talent and support, and has a vibrant, caring community. Our trajectory is positive, and our will is legendary. We can and will achieve more in the decade ahead.”

Ramalalama-ding-dong! But that’s not what prompts this post.

One of the ways MSU seeks to achieve its goals is by limiting WrongThink through the meticulous constriction of language using the excuse of, you guessed it, “Diversity, Equity and Inclusion.” On the MSU website, this is introduced by this self-contradictory, indeed Orwellian graphic:

Oh.

What????

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Unethical Quote Of The Month: 65 Professors And 558 Other Faculty Members And Students Of Washington & Lee University

/ Jack Marshall / 18 Comments

“We ask that the University prevent Matt Walsh from speaking on our campus and that the University live out its Statement of Commitment to Diversity by taking action to protect its minority students from future harmful events.”

—623 Washington & Lee signatories, including 65 professors and law professors, of an online petition to block a conservative speaker from appearing on campus

Displaying either ignorance or contempt for the core American ethical principle of freedom of speech, 623 members of the Washington & Lee University community, mostly students and faculty members but with a few others mixed in, maybe cafeteria workers or something, have signed an online petition insisting that conservative political commentator and author Matt Walsh be prevented from speaking at the Virginia campus on March 30, on the currently controversial topic of “What is a woman.” Walsh has been a deliberately inflammatory critic of the current extremist, indeed brain-melting phenomenon of transsexual madness, which has reached such heights (or depths) that the last confirmed Justice on the U.S. Supreme Court professed an inability to define “woman.” Walsh stars in online documentary film “What Is a Woman?” created by the conservative website, The Daily Wire.

What is so disturbing about the petition, which is reproduced in its entirety below, is the anti-democratic logic and ideology it displays, though all of this is now familiar to anyone following the descent of the American Left into aspiring totalitarianism. The position one whole side of the American political spectrum has now almost completely accepted as legitimate is that dissent from its obviously virtuous and correct cant (they are on the “right side of history,” after all) is the equivalent of violence and causes permanent “harm” to member of its constituency or society in general. The petition justifies its existence by providing frightening proof of many horrible truths, among them that the U.S.’s institutions of higher learning now indoctrinate their students into anti-democratic philosophies. Here is just a sample of the petitioners’ reasoning:

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