Rights

President Trump And Secretary Mnuchin Join In The Fun Of “Let’s Pretend The Constitution Doesn’t Count!” Month

/ Jack Marshall / 17 Comments

The most pathetic episode in the recent fad of pretending the Constitution is a gossamer wisp that can be altered by a prayer was probably 97-year-old retired SCOTUS justice John Paul Stevens  writing an op-ed re-litigating his minority dissent in District of Columbia v. Heller. That case held that the Second Amendment was an individual right (you know, like all the others in the Bill of Rights). In the process of making a wish for some future Leftist genie to grant, presumably along with banning “hate speech”  and the Republican Party (you get three wishes, remember) Stevens misrepresented the previous 1939 Supreme Court Second Amendment ruling, and appeared not to remember, or just be willing to leave his readers uninformed, that repealing the Second Amendment wouldn’t change any gun laws by itself.

It was kind of sad to watch anti-gun zealots on social media jump up and down with glee as old John Paul engaged in his nostalgia-fest. I had to wonder if the Times would have been similarly eager to publish a similar op-ed from one of the dissenters in Roe v. Wade or Obergefell v. Hodges. Okay, no I didn’t. I understand and am used to the double standard: conservatives are expected to accept the Supreme Court’s rulings as the law of the land when it goes against their beliefs, but rulings that offend liberal agendas are to be considered temporary. Thus I look forward to Justice Ginsberg’s upcoming op-ed on why the 2000 Florida recount should be started up again, and to my left-leaning Facebook friends sharing it with the breathless exhortation, “Read this!”

Insisting that the Constitution doesn’t say what the Court has ruled it says is oodles of fun, so we also had the nauseating spectacle of President Trump and his Treasury Secretary Steven Mnuchin lobbying for  that failed nostrum from the Clinton years, the line-item veto. When Trump signed the $1.3 trillion spending package on March 23, thus moving the United States one step closer to fiscal calamity, he said that it was the last time he would approve such bloated spending, “Trust me, I’ll never do it again” being such a reliable promise in the world of politics.

The President said, 

“To prevent the omnibus situation from ever happening again, I’m calling on Congress to give me a line-item veto for all government spending bills.”

Okay, I don’t expect the current President to be up to speed on Constitutional law, but somebody in the administration has to know that this horse has not only left the barn, it’s run in the Triple Crown, been put out to stud, and ended up in a can of Alpo. Yet here is the Secretary of the Treasury on Fox News Sunday: Continue reading →

Morning Ethics Warm-Up, 3/28/18: Ad-block, Rights-block, Deportation-block, and Stupid-block

/ Jack Marshall / 26 Comments

Good Morning!

1 Different rights, same unethical tactics. Debbie Wasserman Schultz (D-Fla.), whose very existence as a power in the Democratic Party is an indictment of the party’s integrity and trustworthiness, proved it again by proposing a bill that would require background checks for ammunition purchases. “You do not have the right to bear bullets,” she  proclaimed Monday at a news conference at the Pembroke Pines Police Department in Florida.

Progressives, honest observers, and the courts have rightly expressed disgust at various cynical efforts to circumvent other Constitutional rights by similar tactics. In Whole Woman’s Health v. Hellerstedt, for example, decided on June 27, 2016, the Supreme Court held in a 5-3 majority that two provisions of a Texas law, one requiring physicians who perform abortions to have admitting privileges at a nearby hospital and another requiring abortion clinics in the state to have facilities comparable to an ambulatory surgical center,  places a substantial and unconstitutional obstacle in the path of women seeking an abortion, because they constituted an undue burden on abortion access.

I wrote at the time,

“Life would be so much simpler if our elected officials and activists employed an adaptation of the Golden Rule, and looked objectively at issues from the other side’s point of view. This is especially true in the realm of rights.  Second Amendment absolutists insist that virtually any laws regulating who can purchase guns… have the ultimate goal of  eliminating that right entirely, which, in many instances is the case, especially if you listen carefully to the rhetoric of the legislators proposing such measures. There is little difference from this and what anti-abortion advocates are attempting to do with laws like House Bill 2 (H. B. 2).”

In fact there was no difference at all, and now Wasserman-Schultz is using the same unethical tactic. (Imagine: Debbie Wasserman-Schultz using an unethical tactic!)  The ethical principle is the same in both matters: a right isn’t a right if legal obstacles make it difficult to exercise that right. Any regulation imposed on a constitutional right must not create “a substantial obstacle” and must be reasonably related to “a legitimate state interest.” Wasserman-Schultz’s statement—I know she’s an idiot, but she is also a member of Congress and is supposed to know something—directly contradicts settled and core Constitutional principles. There is indeed a “right to bear bullets,” because without ammunition, the right to bear arms is an illusion.
Continue reading →

“Melanie Wilkes” Loses Her Defamation Lawsuit…But Was She Right?

/ Jack Marshall / 8 Comments

A California appellate court yesterday dismissed a defamation lawsuit brought Dame Olivia de Havilland against FX Networks. De Havilland, now 101, is one of the last surviving—and lucid—members of Golden Age Hollywood royalty. Those who are culturally literate know her as Melanie Wilkes, Scarlet’s angelic sister-in-law, in “Gone With The Wind,” Maid Marion in MGM’s definitive “Robin Hood” with Errol Flynn (de Havilland’s most frequent leading man),  my personal favorite, poor Bette Davis’s evil tormentor in “Hush, Hush, Sweet Charlotte,”  and many other roles in an epic career that won her two Academy Awards. (If you don’t know her, get cracking! What’s the matter with you?)

De Havilland had  sued for damages, claiming her portrayal in the Ryan Murphy-produced 2017 docuseries, “Feud: Bette and Joan” about the feud between Davis and Joan Crawford, misappropriated de Havilland carefully nurtured image without her consent, and harmed her reputation by portraying her inaccurately, especially a scene where she is shown referring to her sister, actress Joan Fontaine (“Rebecca,” “Jane Eyre,” “Suspicion”—What is the matter with you?), as a “bitch.”

“When ‘Feud’ was first being publicized, but before it went on the air, I was interested to see how it would portray my dear friend Bette Davis,” de Havilland wrote the New York Times, explaining the suit. “Then friends and family started getting in touch with me, informing me that my identity was actually being represented on the program. No one from Fox had contacted me about this to ask my permission, to request my input, or to see how I felt about it. When I then learned that the Olivia de Havilland character called my sister Joan ‘a bitch’ and gossiped about Bette Davis and Joan Crawford’s personal and private relationship, I was deeply offended.”

“Feud,” she said, represented itself as historically accurate fiction, but falsely portrayed her as a hypocrite “with a public image of being a lady and a private one as a vulgarity-using gossip,” undermining what de Havilland  described as a hard-earned reputation for “honesty, integrity and good manners.” Continue reading →

Morning Ethics Warm-Up, 3/27/18: Redux And Déjà Vu!

/ Jack Marshall / 50 Comments

Good Morning.

1 Yes, “enemy of the people” is accurate. I searched all over cable and network news this morning to find an outlet that wasn’t dominated by the breaking news that a President-to-be had an adulterous affair with a porn star 12 years ago. I couldn’t find one. The media-wide effort to undermine an elected President and his respect in the nation and the world at a time of great challenges and peril on all fronts is irresponsible, destructive, and demonstrates the collapse of journalism as a bulwark of American democracy.

Journalists don’t have to behave like this: they have chosen to, because they discern that a critical mass of citizens–bad ones–would rather see the President of the United States humiliated and weakened nationally and internationally based on his past than to permit him the same crucial advantage  that every other President since George Washington has been conceded and used. That is the inherent dignity and honor of the office itself. As I wrote here before, almost every President could have been embarrassed in this way, and some far more.  In the past, the public wouldn’t have tolerated it. A full year of “the resistance” and non-stop media attacks made this President uniquely vulnerable to ad hominem attacks, and the only protection left intact between sensational smears and responsible journalism were ethical standards, which is to say, with today’s journalism, nothing at all.

This is no less than a ruthless, ratings- and bias-driven attack on American institutions, and every future President, and the nation, and our democracy, and the world itself, will suffer for it. Ironically, Trump may suffer from it least of all, since no one who supported his candidacy cared about traditional standards regarding who was fit to inherit the legacy of Washington, Lincoln and the rest. Still, this concerted effort to reduce his tenure to endless character assassination does undermine him, and us.

I don’t know what the President meant when he dubbed the news media the “enemy of the people;” he does not use words with anything approaching precision or consistency. I do know what I mean by the phrase, however: an institution that exists to strengthen American democracy has been deliberately engaging in conduct designed to weaken it. That is the conduct of enemies of the people, and that is what the mainstream news media has become.

2. The next Black Lives Matter bandwagon. The news media was also playing tabloid in the Stephon Clark shooting controversy this morning, showing the dead man’s grandmother weeping, asking why he had to die, and asking why the officers couldn’t have shot him “in the arm.” We won’t see a resolution of this case for a long time, but that hasn’t stopped the NAACP, Al Sharpton, Clark’s family and the large number of police-haters on the left from concluding, before any investigation, that he was “murdered.” The family has also hired the same lawyer, Ben Crump, who represented the families of Trayvon Martin and Michael Brown, neither of whom were murdered, and both of whom are still referred to a murder victims on the Black Lives Matter website.

Déjà vu.

In Sacramento, California, on March 18, two officers responded to a radio call regarding a man who was breaking car windows.  The uniformed officers were checking the area on foot when a Sacramento County Sheriff’s Department helicopter pointed them in the direction of a possible suspect, Clark.

He was seen running through a back yard, jumping over a fence, then looking into a car parked in the driveway of what was later revealed to be his grandmother’s house. The officers approached Clark, guns drawn, and ordered him to show them his hands,  a standard command.  Instead Clark ran, with the officers in pursuit. They ordered  Clark to stop, but he ran around the corner of the house and out of the officers’ view. Again the officers followed, then ducked back behind the house, shouting “Show me your hands! Gun!”, then “Show me your hands!” followed immediately by “Gun, gun, gun!” Both officers opened fire, emptying their guns, killing Clark.

Clark had no gun, just a cell phone. The video is inconclusive. Continue reading →

Morning Ethics Warm-Up, 3/26/18: “Baseball Season Begins This Week So Nothing Can Upset Me” Edition

/ Jack Marshall / 109 Comments

Good morning!

1 A Comment Of The Day. I apologize to Aleksei for not devoting a full post to his excellent commentary, but the posts have been more than a little Parkland Shooting Freak-Out—yes, that is what it is—heavy of late, so I’m highlighting his comment here. I’m also going to torment my temporarily reason-deficient—for that’s what they are—Facebook friends by quoting it.

So I went to the Boston “March for our lives” as an educational thing, because I’ve never been to one of these, and I wanted to talk to people about why they were marching. I am on the pro-gun side. The signs they had definitely were variations on what Jack has provided here. The sign with the kid in the subway car, that’s actually the Boston Red Line.

This march was definitely an emotional thing, because of the 10+/- people I spoke with, nobody was very knowledgeable on guns, gun laws, background checks, what is an assault rifle, the failings of government  in the Texas church shooting, the Parkland shooting, etc. On average, older people were more willing to have a longer conversation. On average, younger people were more irritated with me, once I told them what side of the issue I am on. I was polite and respectful, so there was never a brawl or anything.

I talked with the college girls with one of the more egregious signs ( “2nd amendment = white supremacy”) and they gave me the whole systemic racism shtick. They also had NRA = terrorism. They said the NRA buys politicians. I gave a counter example, that Planned Parenthood donates a lot of money too, where I was cut off immediately and told, that’s different, they’re not murderers, and it’s nowhere near what the NRA gives. [ Ethics Alarms note: This is not accurate.] Another woman I talked with, late 20’s maybe, told me how could I look into the eyes of children that are scared for their lives and not do something. I told her that it saddens me that kids are scared, but it saddens me more that the police failed, the school failed, and the FBI failed in Parkland. She didn’t rebut me and I wished her a good day.

I also was surprised when some young people asked me, if I don’t agree with the march, what am I doing here? I told them that this is a free country, I can be here if I want and that I can speak with other fellow Americans, even if we don’t agree on everything. On a positive note, people told me they appreciated my desire to hear the other side and learn more. It was an interesting experience, but like Jack said earlier, it was a “scream at the sky” fest. Also, the chants were boring. “Hey, Hey, NRA, how many kids have you killed today”, “What do we want? Gun Control! When do we want it? Now!”, “No more guns! No more guns!”, and so on and so forth. I want to say there were more women, there were families with children, which also had signs, people from kindergarten age to old age pensioners.

Observations:

  • Bravo for Aleksei, and anyone else who had the patience to do this. My aversion to protests,demonstrations and rock festivals. along with the brian-numb, herd-like vibe the emit. goes back to my teens.  I just couldn’t do what he did.
  • Can’t somebody write some new protest chants? Do the chanters know that recycling Vietnam peace chants just reinforces the belief that this is all generic generational bitching, and more reflex that thoughtful? If I hear “Hey, Hey” in a demonstration, it only  makes me giggle. A friend in college would react to these chants by raising his arm in a protest fist gesture and shouting “Right arm!”
  • Here is another eye-witness report.

Continue reading →

Comment Of The Day: Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org [#2]

/ Jack Marshall / 4 Comments

Here is the second of two Comments of the Day regarding the post-Parkland gun control freak-out, authored by recent addition to the commenter ranks, OhThatGuy, on the post, Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org.

(The first is here.)

The real issue, at least from my perspective, isn’t guns and gun control. Yes, this is one of the big emotional triggers right now, has been for years, and will continue to be so as long as there exists a gulf between those who enjoy the rights and benefits granted by the 2nd Amendment and those who do not.

The underlying concern to me is the lack of independent thought. While this is somewhat excusable in kids, it’s not in what are supposed to be adults. Displays such as the walkouts and marches are nothing more than peer pressure or what I call the Bandwagon Principle or Bandwagon Effect– doing something simply because others (in my peer group) are doing the same thing without any actual thought put into the decision. I see this on a daily basis – I teach juniors and seniors in high school.

Growing up, my parents, especially my father, were as near as I can remember, completely objective about things. There were no passionate appeals to emotion regarding the hot topics of the day. I was encouraged to read and form my own opinions about things as none were supplied to me from Mom and Dad. We (my friends and I) read the two newspapers available each day as well as Time, Newsweek, and other publications. This was in the early to mid 80’s so we weren’t subject to the cacophony of modern media but were as well informed about current events as most teens could be. The short version is, if I was to have a publicly stated opinion about something, I’d better have some idea what I was talking about and some facts to back it up. Any discussion of an issue that started with “I feel that…” or “They need to do SOMETHING!” wouldn’t have lasted very long. I don’t remember ever being told anything about what to think on a subject or even led to a conclusion to fit what my parents thought I should think. It simply wasn’t how they operated. Continue reading →

Comment Of The Day: Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org [#1]

/ Jack Marshall / 15 Comments

Here is JP’s Comment of the Day on the post, Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org:

I have largely been silent on the issue this time around. I have seen nothing that contributes to the debate and thought I had nothing to add since the Vegas incident. Mostly, if someone asks, I just refer them to my earlier points on why banning bump stocks and strengthening the Brady Law  not will not change anything.  However, it seems today my more liberal and conservative friends have been posting quite a bit on the subject and I thought now might be a good time to tackle the issue again by looking at problems on both sides and finding a solution.

First, let’s start with some of the conservative talking points.

  • “If someone is determined to hurt people and commit a felony, what’s to say that they won’t break a law to get their hands on a gun to do it?”

This may be true, but it is doesn’t move the dialogue forward and is often used deceptively. It is basically saying that since criminals don’t obey laws, anyway, why have a law? By this logic, we could apply the following to Trump’s desire to build a wall. Walls have not proven to be effective in stopping people wanting to come in, so why build a wall? I don’t understand why conservatives who use this logic don’t apply it elsewhere. Laws are largely there as deterrents. People will not do something because it is against the law regardless of how pointless they see it (I guess this is why I always get stuck behind that Kia doing 65 on the interstate). A psychologist found that most of the population is motivated to do things by one of two factors: sympathy and empathy. or law and order (I think this sums up the current gun debate).

Second,

  • “Cars kill more people than guns do, yet we don’t ban cars.”

This is a strawman argument, and not even good one. Cars are highly regulated, require an age limit, require a permit of sorts, a registration, require training and safety ((things the left claim to want for guns) and are designed for transportation, not to kill. They can and have been used to kill people, but that is not their primary purpose. In fact, it is a gross misuse of their purpose. The argument falls further apart because while you have a right to a gun, you do not have a right to own a car. The government could decide to remove all cars (for whatever reason); this is an apples to oranges comparison.

Third, Continue reading →

Preface: On The Comments Of The Day Regarding “Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org”

/ Jack Marshall / 2 Comments

The recent post on the incredibly annoying Change.Org petition backing the “March For Our Lives’ sparked two epic Comments of the Day. I am gratified. That idiotic petition was signed by one of my favorite people alive, and this both inspired the post and made me depressed even before my left-wing Facebook friends started making one terrible argument after another in defense of the thing. (Not  a word from the signee. I have a feeling she was so moved by her two teenagers, even though she knows better. I hope that is the excuse. Creeping dementia would be the only other explanation.)

This is a strange issue: the ethics really orbit around tangential matters rather than the alleged controversy itself. The Second Amendment isn’t going anywhere, no matter how loud the screams are or how many demonstrations there are. As is often noted on Ethics Alarms, I am not interested in abstract ethics without real life consequences; indeed, ethical formulas that only work in theory aren’t ethical. To me, the ethics issues following the Parkland shooting are,

  • The cynical exploitation of the children by the Left
  • The equally cynical, and unwise, hesitation to hold them accountable for their worse excesses in rhetoric
  • The recycling of bad statistics and demonstrably (and demonstrated) bad arguments that have been used before to mislead and frighten the public, and
  • The unethical cheerleading  for the anti-gun position by the news media and pundits.
  • The unusually vivid disconnect between the actual facts of the Parkland shooting and the measures being “demanded” in its wake.

The fake controversy—Should the United States allow law-abiding citizens to arm themselves with reasonably state-of-the-art firearms for whatever lawful purposes they decide are necessary and to the extent those citizens feel necessary?—isn’t on the table. This is the United States of America, and that question was answered long, long ago. As long as it is the United States of America, the answer will be the same. Those sufficiently unwilling to accept that fact really are well-advised to consider Australia. I don’t say this as a “Love it or Leave it” rebuke. I’m sorry such people don’t like the basic values and culture of the country, but I would have a similar suggestion for a friend who is determined to keep protesting that the U.S. should make its national language Danish, except, of course, then I would recommend repatriation to Denmark.

The two comments will follow now in successive posts without further musings by me…

Morning Ethics Warm-Up, 3/25/18: “March For Our Lives” Hangover Edition

/ Jack Marshall / 19 Comments

Good Morning!

1 Exploitation carnage. I feel so sorry for David Hogg. No teenaged male so obviously locked into the arrogation asshole stage of the maturation process, should be exposed to public scrutiny like this. His intemperate and foolish rhetoric will haunt him for the rest of his life. He will either be humiliated when his brain cells kick in, or he will develop into a full-fledged monster. What if he wants to go in a different direction in his life and career? I wouldn’t hire him. Who would? He’s restricted to left-wing activists until he changes his name or does a high-profile mea culpa and goes on a reinvention tour. Celebrity, as Paul Petersen has spent his life trying to teach us, is disastrous for kids; never mind: the cynical, ruthless partisan operatives who made Hogg into their weapon and shield don’t care about him, just the momentary political advantages he represents. When he is chewed up and spit out, as he certainly will be, they will have forgotten his name.

2. A half-Fick sighting! A (she says) transgender woman who calls herself “Lauren” on Twitter claimed to be drugging attendees of a conservative conference in Phoenix, Arizona yesterday, tweeting

“I love my job at the phoenix convention center starbucks and i love slipping my spare estradiol pills in the coffee of anyone wearing a #WesternConservativeConference lanyard.”

Big Data Ethics: The Facebook-Cambridge Analytica Affair

/ Jack Marshall / 8 Comments

This is supposedly the big ethics story of the past ten days. There are ethics elements involved, but the main ethics stories are how the facts are being spun to try to make this yet another example of sinister doings by the Trump campaign, and how incredibly incompetent and naive social media users are.

In 2016, the Trump presidential campaign paid about $6 million to a firm called Cambridge Analytica to put together a voter database with profiles to allow targeted messaging. Global Science Research was hired by the firm, and reportedly paid Facebook to post a personality quiz and an app that 270,000 Facebook users ultimately consented to. The app allowed the firm to harvest personal likes, attitudes and preferences from 50 million Americans through access to the consenting users Facebook friends. Originally we were told that Cambridge Analytica had used all of that data to target voters during the 2016 presidential election, but that claim seems increasingly dubious. The Trump campaign ended its relationship with the firm well before the election.

Facebook claims it was lied to, and has now banned the firm, which could be fairly classified as misdirection. Facebook, as it has done before on its own, permitted its platform to be used to gather psychological profiles on its users without full disclosure regarding what the data would be used for.  Now Facebook stock is plunging in the U.S., Facebook advertisers are leaving, some users are leaving too, and Congress wants hearings.

What’s going on here?

  • If, in fact, Facebook was deceived into allowing the quiz, that was unethical. Gathering data through such means is not illegal, however, and the ethics of Big Data gathering and analytics are murky at best. The legal profession, for example, has no clear regulation of it or guidance from bar associations.

Facebook did not inform users whose data had been harvested, and that could violate laws in Britain and some  states.

  • The tenor of much of the news reporting and punditry, however, has been  pure fear-mongering and hyperbole. That Cambridge Analytica was evil is presumed, I gather, from the fact that Steve Bannon was one of the founders. The New York Times in various articles described the data gathering as an invasion of “private information,” which is an inflammatory and misleading description, and described “misuse” of the information, as if such use isn’t routine in 21st Century commercial marketing. Here’s the Times, for example,

“The researcher hired by Cambridge Analytica, Alexandr Kogan, told Facebook and his app’s users that he was collecting information for academic purposes, not for a political data firm owned by a wealthy conservative. Facebook did nothing to verify how the information was being used.”

Ah…if it’s for a firm owned by a wealthy conservative, that makes the data gathering sinister, I guess.

  • It is unethical not to let people know why their preferences are being requested, and how they might be used, except that a strong argument could be raised that anyone who didn’t know they were creating a Big Data-base for Facebook is too naive to be allowed on the web without a leash.  Facebook isn’t free: providing data is one of the ways users pay for it. There has certainly been plenty of publicity about this, and it’s not just Facebook. Google, Amazon, Twitter: this is what these companies do.

If it were possible to feel sorry for Mark Zuckerberg (it isn’t) one could conclude that the massive backlash he is receiving is contrived and unfair.

  • The episode is also being called a “breach,” as if there was hacking, or information was stolen.

There was no “breach.” Continue reading →