U.S. Society

Thoughts Upon Reading The Comments To The Recent “Conscience Clause” Post

/ Jack Marshall / 45 Comments

The comments on the recent post regarding the so-called conscience rule being voided in court generated the comments the topic always does. What follows is a relatively short, general post to frame the issues as clearly as possible.  Admittedly, when a post is titled “When Law and Ethics Converge,” perhaps I shouldn’t have to explicate with a post focusing on the difference between law and ethics. I strongly believe that conscience clauses undermine the law, and are unethical, as you will see.

Law and Ethics are not the buddies people think they are, or wish they were. If you look around Ethics Alarms, you see why. Ethics, as the  process by which we decide and learn what is good and right conduct, evolves with time and experience. A predictable cut of a society’s ethics are always going to be a matter of intense debate. Ethics are self-enforcing, for the most part and by nature, because being ethical should make us feel good.  Once an authority or power starts demanding conduct and enforcing  conformity, we are mostly out of the realm of ethics and into morality, where conduct is dictated by a central overseer that, if it is to have genuine authority, must be voluntarily accepted by those subject to its power.

Society cannot function on ethics alone. Without laws, chaos and anarchy result. Because chaos and anarchy are bad for everyone, no individual who has accepted the social compact may decide which laws he or she will follow and which he or she will defy—at least, not without paying a price, which is society’s punishment. In ethical terms, this is a utilitarian calculation: we accept laws that individually we may find repugnant, because allowing citizens to pick and choose which laws they will obey as a matter of “conscience” doesn’t work and has never worked. Ethics pays attention to history.

Thus it is ethical to obey the law, and unethical not to,  even if good arguments can be made that particular laws are themselves unethical. This is where civil disobedience comes in: if a citizen chooses to violate a law on a the basis of that citizen’s conscience or principle, the citizen also has to accept the legal consequences of doing so as an obligation of citizenship. Continue reading →

Comment Of The Day: “Unethical Tweet Of The Month: Rep. Alexandria Ocasio-Cortez (D-NY)”

/ Jack Marshall / 7 Comments

An old, old, lament: “Laws are for the little people…”

I am constantly impressed at the perceptive and eloquent comments that issue from such a large number of Ethics Alarms readers. It cushions the blow of the traffic fall-off here that came shortly after the 2016 election, as the rapid Trump-Haters and resistance acolytes fled to secure echo chambers. (Facebook banning EA didn’t help.) I’d like both, sure, but I’ll take quality over quantity every time.

Aaron Pascal is long-time participant on Ethics Alarms, and he has issued many provocative comments, usually with a refreshing edge. This, in reaction to the most recent of AOC’s annoying and ethics-dead tweets, is one of his best.

Here is Aaron Pascal’s Comment of the Day on the post, “Unethical Tweet Of The Month: Rep. Alexandria Ocasio-Cortez (D-NY)”….

“Jail the poor to free the rich” smacks of a combination of two extreme positions on two separate valid social dilemmas interacting.

First, there is the moderately unsettling (to me) privately funded and operated prison system. It’s been suggested that inmates are the product that is sold to bring in money. If people stopped being put in prison, then the corporations running the prison would lose money. Ergo, they get the politicians (especially the nasty, racist Republicans) to criminalize more activity, and push for longer sentences for smaller and smaller offenses. Especially if the crimes you tighten up on end up imprisoning a disproportionate number of racial minorities. Not a viewpoint completely without merit, but if you assume it’s the norm it certainly encourages a topsy turvy view of criminal activity vs the justice system. It also requires picturing the police, the justice system, the prison system, and the government as really bad, selfish people. Which is only a problem for leftists once you get to the government, which once you assign the blame to those horrible Republicans, the cognitive dissonance goes away. Continue reading →

The High School Football Slaughter

/ Jack Marshall / 11 Comments

The winning team’s players weren’t really that much bigger; they just seemed that way.

The last time I wrote about the topic of high school football routs (I think) was here. In that post from 2013, I discussed a  “vengeful father who watched his son’s hapless football team get the just desserts of all hapless teams—losing badly” who filed a formal complaint accusing the winning team of “bullying.” The Aledo High School  (Fort Worth, Texas) should have “laid up, he claimed, and not doing so was poor sportsmanship.”

This guy apparently moved to Long Island, and bullied legislators there into adopting his concept of sportsmanship. Nassau County has a policy designed to prevent lopsided results in high school football games, decreeing that if a team wins a game by more than 42 points, the winning coach must explain to a special committee why such an outsize margin could not be avoided. If the coach is not sufficiently convincing, woe be unto him.

So when the  Plainedge Red Devils made a fourth-quarter touchdown against the previously unbeaten South Side Cyclones, making the final score 61-13, a 48 point margin, Plainedge coach Robert Shaver was called on the metaphorical carpet. His explanation wasn’t good enough, apparently, so he was given a one-game suspension.

From the Times account: Continue reading →

David Brooks’ Stockholm Syndrome

/ Jack Marshall / 21 Comments

We don’t blame you, David Brooks; it can happen to anyone.

David Brooks’ may be the smartest of the New York Times stable of columnists, and let that be a lesson to all of us. Intelligence, wisdom and erudition are not a sufficient bulwark against the often adverse influence of one’s culture, accurately described as similar to the relationship of water to a fish.  In this case, Brooks’ culture, his water, is defined by his almost unanimous Democrat, progressive, Trump-loathing colleagues, the corrupt and biased paper he works for, and its admitted partisan anti-President editor-in-chief, Dean Baquet.

Usually Brooks is careful about pandering to that culture or revealing how much his surroundings have marinated his brain and values; after all, his alleged role at the Times is House Conservative, a position that slowly but surely has devolved into “House Fake Conservative Who Enables The Times’ Progressive Agenda With An Occasional Sojourn Into Brooksian Pop Philosophy.  His column in today’s Times, however, pretty much blows that pretense away.

It is titled “Impeach Trump. Then Move On: Stop distracting from the core issue, elite negligence and national decline.” (Only David Brooks would use a phrase like “elite negligence” that has no obvious meaning.) The piece outs Brooks as thoroughly under the power of his captors in its first three paragraphs:

Is it possible that more than 20 Republican senators will vote to convict Donald Trump of articles of impeachment? When you hang around Washington you get the sense that it could happen.

The evidence against Trump is overwhelming. This Ukraine quid pro quo wasn’t just a single reckless phone call. It was a multiprong several-month campaign to use the levers of American power to destroy a political rival.

Republican legislators are being bludgeoned with this truth in testimony after testimony. They know in their hearts that Trump is guilty of impeachable offenses. It’s evident in the way they stare glumly at their desks during hearings; the way they flee reporters seeking comment; the way they slag the White House off the record. It’ll be hard for them to vote to acquit if they can’t even come up with a non-ludicrous rationale.

Such an opening is not designed to make open-minded readers read on. If this junk were not under Brooks’ byline, I’d probably stop reading, as I often do with similar screeds by his deranged and dishonest colleagues like Charles M. Blow, Thomas Friedman, Michelle Goldberg, David Leonhardt, and others, who have spent three years stoking the hate of the Times’ overwhelmingly Democratic readership.

Let’s examine some of Brooks shared delusions: Continue reading →

A Monstrous Halloween Open Forum, Starting This Evening…

/ Jack Marshall / 68 Comments

I am about to drive to New Jersey, where master singer/musician Mike Messer will assist me in presenting a special Halloween edition of “Ethics Rock Extreme,” our classic rock legal ethics seminar.  The three hour extravaganza will end around noon, whereupon my wife and I will commence the four+ hour trip back to Alexandria. I can’t promise that I’ll get a post or two up when I return, and I don’t want anyone thinking I’m dead if I don’t (liek last time), so here’s an open forum for Ethics Alarms readers to sound off and go crazy.

Ethically crazy, of course.

Observations On The Washington Post Op-Ed, “Why America Needs A Hate Speech Law”

/ Jack Marshall / 34 Comments

Richard Stengel, a frequent contributor on MSNBC, a former editor of Time magazine, and the  State Department’s undersecretary for public diplomacy and public affairs in the Obama administration from 2013 to 2016 wrote this embarrassing, anti-free speech screed.

Observations:

1. In the past I have criticized newspapers and other publications for publishing irresponsible opinion pieces. This time, I want to thank and praise the Washington Post. Either intentionally or inadvertently, it has performed a public service by using its op-ed pages to expose the hypocrisy, intellectual bankruptcy, ethics ignorance and relentless totalitarian rot of their own ideological compatriots.

2. I might say the same about  Stengal, but he really seems to think that he is making a persuasive case. Imagine: a man whom President Obama  and his Democratic administration trusted as a high level State Department official  can make an argument like this…

Why shouldn’t the states experiment with their own version of hate speech statutes to penalize speech that deliberately insults people based on religion, race, ethnicity and sexual orientation?

Why, Richard? Oh, gee, I don’t know…maybe because “insult” is a completely subjective standard? Perhaps because Massachusetts, Vermont,California, and Oregon might decide that arguments against climate change cant is hate speech, like Holocaust denial? Maybe  because the 14th Amendment prohibits states from abridging the Bill of Rights? Continue reading →

Wait, WHAT? Somebody’s Incompetent Here, And I Don’t Think It’s Me.

/ Jack Marshall / 22 Comments

According to Breitbart, A USA TODAY/Suffolk poll found that only 36 % of those polled support the House voting to impeach the President, with 22%  telling pollsters that  Congress should continue with its impeachment inquiry but should not vote to remove him. Thirty-seven per cent say lawmakers should end their impeachment probe, while four percent remain undecided on the matter.

Regarding a Senate impeachment trial, however, 46 % are in favor of convicting President Trump and 47% are against. The pollsters  used telephone to contact 1,000 registered voters and was taken between October 23rd and 26th.

How is this possible? Saying that you don’t want the House to impeach but want the Senate to convict is like saying you don’t want someone arrested and charged with a crime, but you want him to be convicted and jailed. It makes no sense. Continue reading →

Another Leap Down A Slippery Slope: Massachusetts Repeats The Michelle Carter Debacle

/ Jack Marshall / 18 Comments

The Suffolk County (Mass.) District Attorney has charged Inyoung You, a 21-year-old South Korean native and former Boston College student,  with involuntary manslaughter in the suicide of 22-year-old Alexander Urtula, who jumped to his death on May 20, 2019, the day he was going to graduate.  You was in cellphone contact with her boyfriend that day, and was at the scene when he plunged to his death.

While Urtula struggled with mental health issues throughout the pair’s 18-month relationship,  You was “physically, verbally, and psychologically abusive, and was so “wanton and reckless” that it  “resulted in overwhelming Mr. Urtula’s will to live,” the DA told reporters. “She was aware of his spiraling depression and suicidal thoughts brought on by her abuse, yet she persisted, continuing to encourage him to take his own life.”  Among the over 47,000 text messages sent by You in the two months leading up to Urtula’s suicide, here were hundreds “where (You) instructed him” to take his own life, as well as “claims that she, his family and the world would be better off without him.”

Nice.

But is it criminal?

There are differences in the two cases, but this is redolent of the 2017 prosecution and conviction Michelle Carter, who was convicted in the Bay State of involuntary manslaughter for urging her 18-year-old boyfriend, Conrad Roy III, to kill himself, which he did. The conviction was upheld by an appeals court this past February, so Carter will apparently serve out her entire 15 month sentence—for the content of her text messages. Continue reading →

Cancellation Culture Gone Nuts: The Kenneth Fisher Saga

/ Jack Marshall / 20 Comments

“Be afraid…be very afraid.”—Geena Davis in “The Fly”

Kenneth Fisher, the acclaimed billionaire money manager whose investment firm manages more than $112 billion of investors’ money,  spoke at an October 8 conference.  In his remarks, he said getting new clients was akin to “trying to get into a girl’s pants.” The analogy between marketing and seduction is old, common, and not without validity. It can (and should) be expressed in less vulgar ways, to be sure, but no one in the audience could have mistaken Fisher’s meaning.

Yet the New York Times described the remark as a “lewd and sexist joke”—Lewd? Joke?—and like-minded cancellation culture posse members set out to destroy Fisher and his business in retribution for using an analogy of dubious taste. [ I should note that some attendees at the conference–including some who are Fisher’s competitors—reported that there were other “off-color” comments that could not be confirmed by the Times.]

Thanks to a news and social media campaign since he made that “joke,” the past two weeks have seen public pensions and institutional investors pull nearly $2 billion from Fisher Investments, which has 3,500 employees.  They also deserve to lose their jobs, presumably, because their boss is insufficiently sensitive in a #MeToo world. Other public pensions have placed  Fisher’s firm on a watch list for potential action.

Friday Night Ethics Lights, 10/25/2019: Signs Of The Coming Apocalypse?

/ Jack Marshall / 17 Comments

Good Evening!

1. More evidence of ethics rot and educational malpractice at Harvard. The Harvard Crimson covered an “Abolish ICE” protest on its campus last month. The fact that the supposedly most prestigious college in the nation would have something as idiotic as an anti-ICE protest attended by more than a few unfortunates with closed head injuries is troubling enough, but behold:   student activists attacked  the daily student-run paper  for “cultural insensitivity” and of “blatantly endangering undocumented students on campus.” because it contacted the immigration enforcement agency for comment after the protest had ended.

The Horror.

Now hundreds of America’s alleged best and brightest have signed a petition demanding that the newspaper operate as if ICE didn’t exist.

 Crimson editors Angela N. Fu and Kristine E. Guillaume defended its practices  in the paper this week, protesting that asking for comment is a standard journalism device, arguing in part, “We seek to follow a commonly accepted set of journalistic standards, similar to those followed by professional news organizations big and small. Foremost among those standards is the belief that every party named in a story has a right to comment or contest criticism leveled against them.”

Forget it, Angela and Kristine. You’re supposed to be partisan activists, like the mainstream media.

Ethics experts from the Student Press Law Center and the Society of Professional Journalists supported the Crimson, citing the  SPJ’s Code of Ethics. That’s nice, although I would call the gesture “lip service.”

2. SkyNet is listening. Because of loopholes in their security software, hackers can use  Amazon Alexa and Google Home virtual assistants to eavesdrop on user conversations without their knowledge, and even trick users into handing over sensitive information.

Gee-what-a-surprise….

For once, the American Bar Association got comparatively ahead of looming legal ethics risks created by developing technology by issuing a resolution in August urging bar associations and the legal profession to develop guidelines addressing the risks posed by attorney use of artificial intelligence. It’s a long document, undoubtedly missing many issues on the horizon, and regarding those personal assistants, it lacks an essential sentence: “Don’t let those things get within ten miles of your legal work.” Continue reading →