Rights

Election Day Ethics Warm-Up, But Mostly What Yesterday’s Warm-Up Would Have Been If My Whole Day Hadn’t Spun Wildly Out Of Control…

/ Jack Marshall / 22 Comments

Good Morning, Voters!

1. From the “bias makes you stupid” files. Yesterday two smart, once reasonable Massachusetts lawyers of the female persuasion debated me regarding the appropriateness of Dr. Blasey Ford’s late and unsubstantiated hit on Brett Kavanaugh. They were obnoxious about it, too, rolling their eyes and giggling to each other at my position, with one saying that I sounded like her “Southern friends.” I like them both, but a better example of how bias makes you stupid could hardly be devised. Their primary reason why Blasey Ford’s suddenly recalled trauma from the distant past should have been allowed to smear a qualified nominee for the Supreme Court in nationally televised hearings was this: women and girls in those les-enlightened days had good reason not to report rape and sexual assault, as they often were not believed and because a “boys will be boys” attitude prevailed in the culture. Moreover, they said, almost in unison, women still have good reasons not to report sexual assault. “Do you have daughters?” they asked, “gotcha!”-style.

To anyone whose ethics alarms are in good working order and who recognizes the difference between an emotional argument born of gender and partisan alliances and a good one, the rebuttal is obvious and comprises a general ethics principle:

One person’s misfortune, no matter how tragic or unjust, never justifies being unfair or unjust to somebody else.

Accusing anyone of anything three decades after the alleged incident is unfair.

Publicizing an allegation that cannot be verified and for which there is no supporting evidence is unfair.

Using alleged misconduct as a minor to impugn the character  of an adult and a professional with an unblemished record of good conduct is unfair.

Dispensing with a presumption of innocence under any circumstances is unfair.

Dispensing with due process under any circumstances is unfair, because due process is itself fairness. (The two lawyers kept saying that this was not a trail so due process was not involved. The argument is either disingenuous or ignorant. Due process just means procedural fairness, in any context.)

Punishing one individual male for the fact that other males have escaped accountability for sexual misconduct is unfair-–and illogical.

Giving special considerations to one individual female because other females have been unfairly treated regarding their allegations is unfair—and illogical.

The two female lawyers kept saying that my position is a conservative one. It is not. It is not an ideological position in any way, though their position certainly is. May they regain intellectual integrity soon. And I forgive them for being so utterly insulting during our debate.

2. This is essentially a Big Lie argument from Vox: Ezra Klein, Vox creator, tweeted,

I don’t think people are ready for the crisis that will follow if Democrats win the House popular vote but not the majority. After Kavanaugh, Trump, Garland, Citizens United, Bush v. Gore, etc, the party is on the edge of losing faith in the system (and reasonably so).

An esteemed commenter recently accused me of being unfairly dismissive and insulting when a commenter dissents. That’s occasionally true but not generally true, and one circumstance where I may become dismissive and insulting is when a position is indefensible, like this one. It is either dishonest or so obtuse that no one capable of writing it down should be trusted again. Continue reading →

Halloween Ethics Warm-Up, 2018: Problematical Communications Edition

/ Jack Marshall / 28 Comments

Boo!

1. How can CNN, or anybody, continue to justify employing Don Lemon as a “journalist”?

He defaults to emotion regularly. He is incapable of objectivity. His partisan and ideological bias is palpable. ( He gets drunk on the air every New Years…) And he says idiotic things like this. Good for Scalise, the perfect individual to flag Lemon’s incompetence. His Twitter followers have also noted many other cases of Democrats “killing people.” Or is Lemon and CNN going to stand on the fact that nobody was killed by the Bernie Sanders-supporting sniper who seriously wounded Scalise? I wouldn’t be surprised.

2. Stop making me defend Hillary Clinton! During an interview with Recode executive editor Kara Swisher (full disclosure: I had some unpleasant experiences dealing with Swisher in her Washington Post days, and wouldn’t trust her to walk my dog around the block.)  in New York City over the weekend. Swisher asked Clinton a question regarding a quip that was previously made by Holder, but mistakenly attributed it to Senator Spartacus, Cory Booker. “What do you think of Corey Booker … what do you think about him saying ‘Kick them in the shins,’ essentially?” “Well, that was Eric Holder,” Clinton said. “Yeah, I know they all look alike.” “No, they don’t,” Swisher responded.

Now Clinton is being called “insensitive” by her party’s political correctness posse. It was a joke, and also a rebuke of Swisher. The former was absolutely fine (and funny); the latter was a mean-spirited “gotcha!” suggesting unfairly that Swisher thinks of all blacks as fungible, a bigoted attitude, when she just made a mistake. (I get Cory Booker confused with Kirk Douglas sometimes.) Then Swisher turned the finger-pointing back on Hillary, implying that Clinton meant her remark literally rather than sarcastically. Continue reading →

Morning Ethics Warm-Up, 10/30/18: Scary Ethics Stories!

/ Jack Marshall / 64 Comments

Good Morning!

(And HAPPY BIRTHDAY to my brilliant, talented, always challenging, Trump-hating lawyer little sister, Edith Sophia Marshall!)

1 Quiz results: about 90% of responders found the drag Python sketch about a ladies club re-enactment of Pearl Harbor funny. Whew. As for the one voter who said that it was unfunny because it made light of human tragedy and violence, I’m glad you never attended any of the stage comedies I directed.

2. Ending birthright citizenship for illegal immigrant offspring? President Trump told Axios in an interview that he was preparing to issue an executive order to end birthright citizenship for children of immigrants here illegally. “It was always told to me that you needed a constitutional amendment. Guess what? You don’t…You can definitely do it with an Act of Congress. But now they’re saying I can do it just with an executive order.”

I have found no authorities who agree with Trump’s lawyers, if indeed they are telling him that. If they are, I don’t blame him for listening to them: if there was ever a President who was legally clueless, it’s this one. Some conservatives are livid about the suggestion (obviously all illegal  immigration-boosting liberals are as well), noting that this proposal is exactly as unconstitutional as Obama’s immigration-related EOs. I tend to agree with them. Ethically, the birthright rule is an incentive to break the law and anachronistic, since it originated when there were no legal restrictions on immigration nor reasons to have any. if the question gets to the Supreme Court, however, it will pose an integrity test for the conservative justices. Their philosophy is that you can’t just re-write or ignore the Constitution when it gets in the way of desirable policy, and this is a perfect example.

It is also very possible—likely?— that the President was using this trial balloon to energize the anti-illegal immigration base as the “caravan” continued its march. Continue reading →

Is There A Rational, Ethical Basis For Giving Illegal Aliens The Right To Vote For Anything?

/ Jack Marshall / 8 Comments

This isn’t a quiz, because I can’t imagine an answer other than, “Of course not.” And yet…

San Francisco has registered 49 undocumented migrants to vote in school board elections. However, a more pressing controversy may be the amount of money spent on the effort. San Francisco expended $310,000 to register just 49 people in the city. That translates to $6,326 a vote, which is also incomprehensible to me. Why would tax-paying citizens, even those as addled as so many who live in the City by the Bay, tolerate this?

The school board tactic is, of course, an obvious “camel’s nose in the tent” method—also known as the slippery slope— of  gradually getting illegal aliens the right to vote. Women’s suffrage efforts a century ago proceeded the same way, with states allowing women to vote and run as candidates in school board elections. Following the leads of Michigan and Minnesota  in 1885 and New York in 1880, Washington state enacted the School Suffrage Act into law in 1890 allowing women to vote for school boards. But women were citizens, in the nation legally, and these measures were necessary to right a cultural, societal, legal and historical wrong. There is no parallel valid argument that it is wrong to deny non-citizens who entered or stay in this country illegally the same privileges the women’s suffrage movement sought—or if there is, I lack the imagination to conceive of it.

____________________

Pointer: Res Ipsa Loquitur

 

Mid-World Series Hangover Ethics Warm-Up, 10/27/2018: Mike Tyson, Intimacy Coordinators, And The Blackface Teacher Principle

/ Jack Marshall / 22 Comments

This is how my morning began…

1. To get this out of the way..I watched every  second of every inning on last night’s longest post-season baseball game in history, as any loyal, ethical baseball fan is obligated to do. It was worth it, too, even though my team lost. The game was the sports equivalent of The Odyssey, “War and Peace,” “King Lear,” “The Ring Cycle,” “The Ring Trilogy,” “Nicholas Nickleby” or “The Seven Samurai,” a complex morality and adventure tale that had suspense, disappointment, wonder, exhilaration , humor and tragedy, heroes and villains. Such games reward all of the time and suffering a fan puts into following baseball seriously. It is worth the investment.

Ironically, this epic occurred shorty after the Wall Street Journal published a truly ignorant and idiotic opinion piece called , “Our Insane Ideas to Save Baseball/Baseball has problems. There aren’t enough hits. There are too many pitchers. The games take too long. So we bullpenned our solutions. Are you ready for Strike Four?”

It is a wonderful example of the incompetent variety of criticism I call “Wanting to change what you haven’t taken the time to understand.” I get it: the authors don’t like baseball, and barely pay attention to it., or, in the alternative, they are just seeking clicks. In any event, you can’t argue with people who say that the problem with opera is that it’s too often in a foreign language, or that the problem with hip hop is that it isn’t music, and shouldn’t, or that the problem with our democracy is that people can say things that upset other people. And you shouldn’t argue with them. They don’t respect the topic enough to be educated about it.

2. Of course, baseball games ARE too long, and the overwhelming reason is TV ads, which add about a half hour to every game, and more to post-season games. The disgusting response of Fox is to stick 10 second commercials into a split screen during the game, like between batters. Here’s a slugger walking to the plate in a tense situation, and half the screen is devoted to a quickie plug for “Ralph Breaks The Internet.” I hope fans are burning up social media attacking this greedy new form of broadcast pollution.

3. How is this possible? In a #MeToo Mad era when simply being accused of sexual assault without proof is deemed by even lawyers who should know better as sufficient justification to inflict serious and permanent consequences on the accused, Mike Tyson is the star of an animated TV show, is cast in movies, and is now shopping a TV show, based on the ex-boxer’s life as a marijuana grower and marketer, starring him and called “Rolling With the Punches.” Continue reading →

A Jumbo, And It WORKS! Double Standards, “Beyond A Reasonable Doubt” And The Judge’s “Toy”

/ Jack Marshall / 12 Comments

Here is a rare case where a Jumbo (as in Jimmy Durante’s desperate “Elephant? What elephant?” defense when caught stealing the biggest pachyderm alive in the Broadway show “Jumbo”) actually worked.

Judge Joseph Claps of Cook County, Illinois, was acquitted this week on a charge of carrying a concealed weapon into a prohibited area, reports the Chicago Tribune. 

You see, a gun, or what looked like a gun and sounded like a gun when it hit the floor appeared to fall out of Claps’ jacket when he was entering the courthouse. The judge was licensed to carry, but it is still illegal to bring a firearm into the building. Sheriff’s deputies testified they believed the object was a gun, but they didn’t intervene because they weren’t sure whether the judge was allowed to have the weapon, and because, well, he was a judge.

Did Judge Claps admit he screwed up and accept the consequences like a trustworthy, honest public servant? No! He went to trial, and allowed his lawyer to argue that prosecutors couldn’t prove the “object” was a gun. ( “Gun? What gun?”) Claps’ lawyer argued that the dropped object could have been a replica or a toy. “It could have been a cap gun,” Breen said. “It could have been a water pistol. It could have been a lighter, a cigar lighter. It could have been anything.” Anything that looked like a gun sufficiently to convince the security personnel that it was a gun. And really, we all know how judges sometimes carry water pistols and cap guns into court! Continue reading →

Morning Ethics Warm-Up, 10/25/2018: Parlor Games! [UPDATED]

/ Jack Marshall / 32 Comments

Good Morning!

I know that’s a photo from last night’s Red Sox World Series victory, but thinking about this catch by Andrew Benintendi it has certainly brightened MY morning…

1  (Psst! Joe, you idiot: George Wallace was crippled for life by an attempted assassination.) Said Joe Biden at a political rally two days ago, “This president is more like George Wallace than George Washington!” Long before Trump came along, Joe told African Americans that Mitt Romney would but them back in chains. I know it’s unfair to focus on Simple Joe (or Hillary, or Maxine, or Elizabeth, or Nancy, or Keith…) to characterize Democrats, but according to polls, this guy is currently the party front-runner for the Presidential nomination. [Pointer: Ann Althouse, who rejoined, “Because he doesn’t own slaves?”] Joe really is a boob, but he makes for good parlor games. My favorite comments in the Althouse thread…

“He’s more like George Washington…they both got elected president.”

“Trump is more like Elizabeth Warren because they’re both not Indians.”

“Because he doesn’t own slaves?” No, because he worries about black unemployment. Washington never worried about that.

“Because Wallace was a Democrat, like Trump was his whole life until 15 minutes before he ran for president?”

2. Fake News. New York Times headline: “Pipe Bombs Sent to Hillary Clinton, Barack Obama and CNN Offices.”

How much more dishonest can a single headline be? There were no “pipe bombs,” but hoax bombs, and the hoax bomb sent to “CNN offices” was addressed to John Brennan. The headline deceitfully aims to suggest that the target was the news media.

3. I figured this out when I was 17 years old. A new book called The Personality Brokers: The Strange History of Myers-Briggs and the Birth of Personality Testing, by Merve Emre, (Doubleday, 336 pages, $27.95) explains that the iconic personality test is junk science. I first took the test in high school, when my parents paid a psychologist to advise me where to apply to college. He complained that the battery of tests I took had contradictory results. Yes, that would be because it was so obvious how to manipulate them, and also how insulting they were, since any fool could see the little pigeon holes the tests were trying to stuff you into. Essentially, the test was designed to create bias on the part of employers. Writes Reason,

“This book is a useful study of how a dubious idea can gain traction if it arrives at the right time.”

There’s another parlor game: which dubious ideas are gaining traction now, supported by junk science, junk research, or false assumptions? Continue reading →

Sports In The Ethics News!

/ Jack Marshall / 4 Comments

Gynnastics and Football! Mary Bono, yes, Sonny’s widow, resigned as the interim CEO of the USA Gymnastics Federation after a tweet in which she dared to express disapproval of Nike, presumably because of its decision to elevate renegade NFL kneeler Colin Kaepernick to role model status.  The tweet pre-dated her agreement to serve as an interim head while the embattled organization tries to dig out from a sexual molestation scandal. Nike is being sought as a major sponsor of women’s gymnastics, as several fled after the Federation was disgraced in the Larry Nasser scandal. Simone Biles and other gymnasts used social media to questioned whether Bono was fit to lead the organization and whether it was wise to alienate a potential sponsor. Chalk this one up to another set of timid bureaucrats being more terrified of social media than they are interested in running their organization competently. Nike now politicizes everything it touches, and has taken up permanent residence on the Left, because it thinks that where the market and the money is. Surely there are potential corporate sponsors that aren’t fond of using divisive messages to sell merchandise.

Is the new cultural standard going to be that impulsive tweets from the past, recent or distant, are legitimate reasons to can qualified people from jobs in which they have done nothing wrong? Bono’s fatal tweet just said that she had crossed out the “swoosh” on her own shoes.

Boy, when President Trump’s tweets come out, he’s going to be in BIG trouble…

On the other hand, Bono is an idiot. Her post resignation tweet suggested that both the kneeling NFL players and her swoosh censorship were protected free speech. She was a member of Congress, and she doesn’t understand the First Amendment. Worse, every time a presumed authority repeats that dead wrong “the players have a right to protest on the field” canard, America gets a little dumber.

Fire her for THAT.

Baseball! (Of course…): Continue reading →

From The “Bias Makes You Stupid Files”: Who Could Have Predicted That Black Men Would Identify With Brett Kavanaugh?

/ Jack Marshall / 4 Comments

Kanye West may be crazy, but he isn’t wrong.

Writes the former race-baiting ESPN reporter Jamele Hill in The Atlantic:

On Tuesday night, I was in an auditorium with 100 black men in the city of Baltimore, when the subject pivoted to Brett Kavanaugh. I expected to hear frustration that the sexual-assault allegations against him had failed to derail his Supreme Court appointment. Instead, I encountered sympathy. One man stood up and asked, passionately, “What happened to due process?” He was met with a smattering of applause, and an array of head nods.

Why did Hill expect a group that  has historically been the victim of “believe the white woman” more than anyone to regret the failure of the desperation hit on the SCOTUS nominee using the banneer of #meToo waving over an unsupported accuser? Why did the Democrats? It’s pure bias: they assume that any group in their base automatically approves of their “ends justifies the means” tactics, no matter what basic principles of justice or democracy  have to be sacrificed. I heard about Hill’s bias-driven myopia before I read the whole article, and immediately wondered what Brian Banks, the promising high school football player whose life was upended when a jury believed his false accuser, Wanetta Gibson, would think of the argument that Kavanaugh’s appointment should be forfeit because a single accuser “must be believed.” As it turns out, Hill thought about Banks too, and even approached him.

I reached out to Banks and asked whether he had any thoughts about this solidarity some black men seem to feel with Kavanaugh, but he politely declined to comment. I can’t say that I blame him, since there’s probably nothing Banks could say that wouldn’t be interpreted as being unsympathetic toward victims.

Interpreted by who? I’m sympathetic toward victims, but like Banks, I suspect, I’m not sympathetic with those who want to ruin the lives of men, be they a an African American high school athlete or a judge with an impeccable personal and professional record as an adult, by discarding the principles of due process, equal justice, and presumption of innocence. Nobody can say that Blasey-Ford is a victim any more than the women who got Emmet Till killed was a victim. Democrats wanted her to be a victim, and that was the sole basis for her to be believed more than the man she accused. Continue reading →

REALLY Late Morning Ethics Warm-Up, 10/12/18: The Mean Edition!

/ Jack Marshall / 15 Comments

Okay, it’s way past morning. Couldn’t be helped.

1. You know, like the Democrats and feminists didn’t like Brett Kavanaugh…In Pittsburgh, Pennsylvania, a group of five high school girls confessed to targeting a boy with false sexual assault allegations just because they “don’t like him.” Now the boy’s parents, Michael J. and Alicia Flood, have filed a lawsuit claiming that Seneca Valley High School students in Pittsburgh “conspired in person and via electronic communication devices to falsely accuse [their son] of sexual assault on two occasions.”  They are suing the girls’ parents, the school district and the Butler County District Attorney’s office. Why the DA? Because it has refused to charge the girls, and why should it? They should have been believed, right?

2. Pssst! LA? This is unconstitutional. I guarantee it. In Los Angeles, the City Council passed an ordinance requiring city contractors who have ties to the National Rifle Association to disclose them. “Are you now or have you ever been a member….?”

3. Tales of the Slippery Slope. Hey, if high school conduct is fair game, why not the third grade? The Hollywood Reporter published a tell-all by White House advisor Stephen Miller’s third grade teacher, Santa Monica-Malibu Unified School District’s Nikki Fiske. She told tales out of school about when Miller was her student at  Franklin Elementary School, revelations designed, of course, to show that a weird kid grew into a Trump-abetting monster. He ate glue! He was messy!

Fiske was pulled from her classroom and is now on paid leave until the school district decides what to do with her. The  concern is “about her release of student information, including allegations that the release may not have complied with applicable laws and district policies,” district spokeswoman Gail Pinsker said.“This has been picked up by other digital publications and blogs, and some issues have been raised.”

Ya think? Continue reading →