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The “Too Handsome To Rape” Defense

/ Jack Marshall / 31 Comments
Sharper, Mathis, Ted Bundy.

Sharper, Mathis, Ted Bundy.

For whatever reason, there have been a lot of attacks on the legal profession lately—and some from within the legal profession—because of so-called “disgusting” and “frivolous” arguments by lawyers who are zealously representing their clients. These range from outrage over the so-called “affluenza” defense (which, it apparently does no good to point out, was explicitly rejected by the judge in that case), to the law suit against the Glendale, California memorial to women forced into sexual slavery by the Japanese in World War II, to the argument that Red Sox broadcaster Jerry Remy was complicit in his son’s allegedly murdering his girlfriend because Remy hired a lawyer who mounted a vigorous defense in the son’s earlier domestic abuse arrests.

Lawyers are ethically obligated to advance whatever non-frivolous arguments and theories that are most likely to achieve their clients’ objectives, whether it is avoiding prison or rationalizing the crimes of the Japanese army. That is their job and societal function, and it is essential to our avoiding a jack-boot system where any of us could be thrown in jail by popular opinion or government edict. The laws are there to be used by every citizen, even when the citizen’s objectives are unethical, or when the citizen is a cur.

Our rights are all protected well by this principle, and it’s high time we stopped bitching about it.

Undeterred by this, however, yet another defense attorney is being savaged in the news media and blogosphere, as well as by women’s rights advocates, for making an argument in defense of his client that they find offensive. In Georgia, Darriuos Mathis and his legal team are making the argument, among their efforts to show that the evidence against him is not sufficiently conclusive, that Mathis is too attractive--fit, handsome, sexy– to have to resort to kidnapping and raping a 24-year-old woman two years ago, which is what he charged with.

Continue reading →

Almost An Ethics Quiz: The Comment In The Queue

/ Jack Marshall / 45 Comments

temptation

I awoke this morning to a polite, well-written, credible comment—to an older post—that immediately sparked an ethical dilemma. Maybe you can help me out.

The comment reveals unpleasant personal details about the commenter’s past encounters with a blogger who has prompted some controversy on Ethics Alarms, episodes that mark the blogger as a jerk of the highest order. Indeed, I had already diagnosed Blogger X as a jerk, and written about it. This is difficult to explain without revealing the identity of the blogger—let’s just say that his writings that attracted my attention complained about a phenomenon that was far better explained, at least in his case, by his character than the causes his many posts attributed to it.

Normally, this would be an easy call. I have frequently removed similar ad hominem attacks on some of you (you didn’t know that, I bet!). Settling old scores is not what this site is for, and the comment in question would usually fail for being off-topic. There are two reasons I am considering approving the comment.

Continue reading →

Ethics Diagnosis: #SueyParkisanirresponsiblepowerhungrypoliticalcorrectnessbully

/ Jack Marshall / 25 Comments

Colbert gag

Suey Park has declared war on Stephen Colbert over a promotional tweet made in his name by some Comedy Central PR employee. Not that there was anything wrong with the tweet*, unless you chose to willfully misconstrue it. The line was a quote from Colbert during a comic riff on his show mocking Redskins owner Daniel Snyder’s lame effort to deflect criticism of his team’s name as being ‘racist.’ (Reminder: It isn’t—not in the context in which is being used. Tasteless? Perhaps…) Anyone who is familiar with Colbert’s schtick—it is all tongue in cheek, exaggeration, irony, sarcasm and satire—understands that the Twitter quote is mocking the idea that one can continue being “racially insensitive” as long as you set up a foundation to show sensitivity to the group you have been accused of being racially insensitive about. Here is an explanation of how Park saw an opening for some cheap social media muscle-flexing, from Slate:

“On Wednesday night Stephen Colbert made sport of Washington football team owner Dan Snyder and his plan to undercut criticism of the team name by founding an organization for the uplift of “original Americans.” Colbert ran though all the reasons why this was funny, then called back to a skit from one of the show’s first episodes, way back from the fall of 2005—a joke about the host being caught on a “live feed” playing a racist Asian stereotype (Ching Chong Ding Dong, from Guanduong), then not understanding why it was racist. Colbert would make amends with his new “Ching Chong Ding Dong Foundation for Sensitivity to Orientals or Whatever.” He’d played versions of the game since then, dressing up in a sombrero for “Hispanic heritage month.” It’s one of the Colbert character’s oldest gags—he “doesn’t see color,” so he can’t ever be blamed if he accidentally does something horribly racist.”

The rest of the story: Suey Park pounced, first telling Colbert “Fuck you” and then sending her many followers a directive to flood the twitterverse with   …. and so they did, and have. 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

A Hate Speech Hoax Is As Wrong As Hate Speech, And Perhaps Worse.

/ Jack Marshall / 4 Comments

whiteboard hoax

It was Oberlin all over again…another Black history Month racist hate speech hoax. As Professor Jacobson reports, the racist message  written on a whiteboard in front of a black Grand Valley State University (in Michigan) student’s door last month at was written by the student himself. This was not discovered, however, until the incident was used to justify the usual condemnations of American society as a  hotbed of racial hate and prejudice against non-whites.

The police report: Continue reading →

Schindler’s Tweets And The Monster In The Mirror

/ Jack Marshall / 27 Comments

Shrek in the mirror

John Schindler is a former NSA officer, a professor at the Naval War College and a PhD who periodically holds forth on his various areas of expertise on the web. He also specializes in particularly obnoxious tweets in which he both insults anyone who questions or disagrees with him, and does so by referring to his own innate superiority as a scholar and an intellect. If he isn’t a complete jerk, he sure plays one convincingly.

Some wag noticed the trend, and created a website that contains nothing but Schindler’s most snotty tweets. Here is the puzzling part: Schindler, in yet another tweet, referred to it as “an ugly new defamation site against me.” Forget the complete lack of comprehension of what defamation is (Ken White at Popehat, an expert in that field of law, invoked Inigo Montoya of “The Princess Bride” in a tweet to the Professor saying “‘Defamation.’ You keep using that word. I do not think it means what you think it means.”). My question is this: if Schindler thinks the website is ugly, and it contains only what he has written to others, why doesn’t that promote self-awareness, regret, remorse, and altered conduct? That is how it is supposed to work; I would think that is how it has to work. The idea behind the Golden Rule is to look at your conduct from another’s perspective, and if it strikes you as ugly and wrong, then you have learned something. So you change. Not this guy. Continue reading →

Gift Horse Ethics: The Babe, The Splendid Splinter, and The Ethics Of Self-Promoting Virtue

/ Jack Marshall / 17 Comments

sick child and-babe-jpgBaseball slugger Babe Ruth was famous for visiting hospitals and orphanages to give kids a thrill. Babe always had reporters in too to record his noblesse oblige , of course. He was an orphan himself, and nobody should doubt the Bambino’s genuine dedication and generosity when it came to kids. He just wasn’t going to let his good deeds go unnoticed.

Other baseball greats, notably Ted Williams, made most of his visits without fanfare or publicity, and he didn’t tip off the press. “The Splendid Splinter” wasn’t visiting kids in cancer wards because he wanted his fans to know what a good guy he was. He did it because he wanted to make sick children feel better.

Was the Babe less ethical than Williams? Did his self=promotion take the ethical sheen off of his good deeds? This is the issue raised by the activities  of the  “Magician Prankster” who calls himself “Magic of Rahat” on YouTube and Twitter. He recently posted a video called “Homeless Lottery Winner” showing him playing  a prank on a homeless man, who ends up with $1,000. He is understandably grateful:

Slade Sohmer however, on HyperVocal, is hearing ethics alarms: Continue reading →

Darling Ellen’s Deceptive Tweet For Samsung

/ Jack Marshall / 11 Comments
Taken completely spontaneously using a

Taken completely spontaneously using a Galaxy S5 by Samsung. Get yours today!

Ellen DeGeneris is adorable, and as ideal a public face to place on the image of gay acceptance and same-sex marriage as you could concoct in a marketing strategy meeting. She’s funny, she’s friendly, she’s nice: to be threatened in any way by Ellen is to be the epitome of an irrational homophobe.. Her accumulated good  largely insulated her from the negative criticism she earned with a shockingly inept performance as this year’s host of the Academy Awards ceremony. She didn’t exactly make one long for Seth (“We saw your boobs!”) McFarland, last year’s oppressive MC,but watching her—any experienced performer could see the signs of a comic who knew she was bombing and had no idea what to do about it—was uncomfortable when it wasn’t deadly boring.

The one routine that seemed successful was DeGeneris’s successful effort to create the “most re-tweeted tweet of all time,” which she accomplished by dragooning Bradley Cooper, Julia Roberts, Meryl Streep, Angelina Jolie, Brad Pitt, Jennifer Lawrence  Lupita Nyong’o, Kevin Spacey and Jared Leto in to take a selfie with her. It garnered over 3 million retweets at last count. But it was a set-up. This was not just a fun party stunt with friends, which is how it was represented to the audience and indeed to the stars themselves. No, the selfie was part of a very pricey deal between the Academy and Samsung, which sells the recently enhanced Galaxy S5 Ellen used to take the picture.

From the Wall Street Journal: Continue reading →

Being Fair To College Student Ideological Idiocy

/ Jack Marshall / 55 Comments
Luckily for him, the bank president who wrote this foolishness in 1969 didn't sign his name to it...

Luckily for him, the bank president who wrote this foolishness in 1969 didn’t sign his name to it…Ah, my old college days!

My attention has been drawn recently to two essays by college students, both presumably sent to me on the theory (or hope) that reading them would kill me. The first, published in the Drexel Triangle (the student paper), argues that stage directors should be prevented from casting actors who look the way the playwright envisioned them. The second, published in the Harvard Crimson, makes an even more disturbing assertion: its author asserts that Harvard should stop guaranteeing professors and students the right to advocate controversial views or pursue research that challenges liberal views and assumptions.

I don’t want to devote the bulk of this post to rebutting these two essays, which are, I think self-rebutting. In the theatrical essay, student actress Alyssa Stover argues that a stage director shouldn’t have the right to decide that, say, casting an Asian dwarf as black boxer Jack Johnson in “The Great White Hope” would lead to a less effective production (that is my example, not hers—she objects to a director of “Cabaret” refusing to cast African-Americans as a matter of historical accuracy):

“These arguments are fundamentally flawed. What the audience wants is almost impossible to measure because the “audience” is composed of anyone who can get a ticket. A director or producer’s right to deny someone a role due to their appearance is debatable because this is a judgment based on one person’s preferences and may not actually create something that is stage worthy. The current status quo allows people to be barred from the stage due to physical “flaws,” as determined by the direction. These judgments are not harmless, and when the issue of race is involved, the problem only gets bigger.” Continue reading →

The Perfect # 22: Austin Police Chief Art Acevedo

/ Jack Marshall / 10 Comments

jogger-arrestedI’ll grant you that Ted Nugent’s asinine efforts to minimize the unethical nature  of his uncivil words about President Obama by tweeting his views on 44 “more offensive” forms of conduct were a pretty good example of my least favorite rationalization in action. That rationalization is #22, the Comparative Virtue Excuse, or “There are worse things.” (There are always worse things, of course.) Never mind: Ted is playing in the minor leagues. Art Acevedo, Austin’s excuse-master  police chief, really knows how to swing a #22.

A bystander took a video of Austin police detaining and ultimately arresting jogger Amanda Jo Stephen after she crossed an intersection at a red light and failed to obey orders from an officer after he saw her jaywalking, because she was wearing headphones and couldn’t hear him. My view: the police over-reacted and used excessive force (she pulled her arm away when the officer stopped her, and he treated is as resisting arrest), but wearing head phones that make it impossible for you to hear what is around you is 1) dangerous, 2) stupid and 3) obnoxious. Continue reading →