U.S. Society

From The Ethics Alarms Law vs. Ethics Files: Yet Another Example Of How The Public’s Ignorance Of How Laws Work Imperils Us All

/ Jack Marshall / 15 Comments
guilty

Because he just IS, that’s all. Everybody knows it. Come on. What’s the problem?

Well, I’m still waiting for the wave of op-eds and pundit pieces condemning the judge in the Dennis Hastert case for somehow turning the ex-Speaker’s trial for breaking banking laws into a trial for child molestation even though he couldn’t be charged with that crime.

I appear to be one of the very few people alarmed by this. Coming at a time when we have a Presidential candidate advocating the imprisonment of financial traders without any indications that they broke actual laws, this qualifies as a bona fide societal virus, and a potentially dangerous one.

Over at Popehat, habitual Ethics Hero Ken White flagged another outbreak that somehow I missed (I blame Fred).

It seems that an Oklahoma court rejected the prosecution of a teenage boy for engaging in oral sex with a teenage girl (she was, to be delicate, the oral recipient) who was passed out drunk, and the Court of Criminal Appeals agreed, ruling:

“Forcible sodomy cannot occur where a victim is so intoxicated as to be completely unconscious at the time of the sexual act of oral copulation. We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language.”

Ken begins, tongue hard in cheek,

“Did you hear? Oklahoma said it’s legal to rape someone if they’re unconscious from drinking! They said it’s not rape at all! It’s classic victim-blaming! It’s outrageous! It’s rape culture! It’s just what you would expect from one of those states!”

He then examines the statutes involved. It turns out that the unimaginative legislature, when defining the crime of forcible sodomy which was what the boy was charged with, missed this set of potential facts. She wasn’t forcibly raped, because she wasn’t conscious. Continue reading →

Ethic Quiz: The Jean Valjean Rule

/ Jack Marshall / 37 Comments
There are no good pictures of Jean stealing a loaf of bread, but here's Yogi Bear stealing a picnic basket...

There are no good pictures of Jean stealing a loaf of bread, but here’s Yogi Bear stealing a picnic basket…

News from Italy, via the BBC:

Judges overturned a theft conviction against Roman Ostriakov after he stole cheese and sausages worth €4.07 (£3; $4.50) from a supermarket.Mr Ostriakov, a homeless man of Ukrainian background, had taken the food “in the face of the immediate and essential need for nourishment”, the court of cassation decided.

Therefore it was not a crime, it said.

A fellow customer informed the store’s security in 2011, when Mr Ostriakov attempted to leave a Genoa supermarket with two pieces of cheese and a packet of sausages in his pocket but paid only for breadsticks.

In 2015, Mr Ostriakov was convicted of theft and sentenced to six months in jail and a €100 fine.

For the judges, the “right to survival prevails over property”, said an op-ed in La Stampa newspaper (in Italian).

In times of economic hardship, the court of cassation’s judgement “reminds everyone that in a civilised country not even the worst of men should starve”.

An opinion piece in Corriere Della Sera says statistics suggest 615 people are added to the ranks of the poor in Italy every day – it was “unthinkable that the law should not take note of reality”.

It criticised the fact that a case concerning the taking of goods worth under €5 went through three rounds in the courts before being thrown out.

The “historic” ruling is “right and pertinent”, said Italiaglobale.it – and derives from a concept that “informed the Western world for centuries – it is called humanity”.

Your Ethics Alarms Ethics Quiz for today, involving  the eternal confusion between law and ethics::

Never mind legal: was this an ethical ruling?

Continue reading →

Comment Of The Day: “Dear Harvard: Fire President Drew Faust And Dean Rakesh Khurana”

/ Jack Marshall / 2 Comments

Polar bear snowstorm

Not a comment on the post so much as on the underlying conditions that spawned it, Ethics Alarms reader Chris Bentley weighed in on the lack of ideological diversity on campus and the fact that many leaders both educational and political think that’s just fine. The key  question: do you listen to an argument against what you may believe with an open mind, or a closed one? The ethical answer is “Open,” but the predominant mindset on college campuses believes there isn’t any question to that effect.. Wrong is wrong, and the Left is Right, so the the only question is, “Do you allow those with wrong ideas speak at all?”

It is terrifying that universities, of all places, would ever consider that issue unsettled in the United States of America.

Here is Chris Bentley’s Comment of the Day inspired by the post, Dear Harvard: Fire President Drew Faust And Dean Rakesh Khurana:

“They know best, after all.”

Only a tertiary connection to the topic, I know, but I just got done listening to Obama’s Howard Univ. speech. While there is no doubt that he is a captivating orator, one thing kept striking me. The repeated refrain to the students, that they needed to “listen” to those that they disagree with, and not try to have speakers who think differently from you banned from campus, b/c, as his grandmother used to say “Don’t do that…Every time fool speaks they are just advertising their own ignorance. Let them talk.”

Continue reading →

Dear Harvard: Fire President Drew Faust And Dean Rakesh Khurana

/ Jack Marshall / 31 Comments
If these idiots are off-campus, 1) GOOD and 2) it's none of the college's business.

If these idiots do this off-campus, 1) GOOD and 2) it’s none of the college’s business.

In an e-mail to undergraduate students and the Harvard community, University President Drew Faust announced that beginning with next year’s entering class, undergraduate members of unrecognized single-gender social organizations will be banned from holding athletic team captaincies and leadership positions in all recognized student groups. They will also be ineligible for College endorsement for top fellowships like the Rhodes and Marshall scholarships.

The unrecognized single-gender social organizations are what is left of the old fraternities and sororities. When the Greek system was banned many decades ago (and Harvard was an all-male college), the frats reorganized as exclusive college clubs located in houses around Harvard Square in Cambridge. After Harvard merged with all-female neighbor Radcliffe College in the Seventies, sorority-like clubs emulated their male counterparts. In 1984, Harvard issued an ultimatum to the clubs to go co-ed, and the clubs responded by disaffiliating with the University.

Wrote Faust in part:

“Although the fraternities, sororities, and final clubs are not formally recognized by the College, they play an unmistakable and growing role in student life, in many cases enacting forms of privilege and exclusion at odds with our deepest values. The College cannot ignore these organizations if it is to advance our shared commitment to broadening opportunity and making Harvard a campus for all of its students….Captains of intercollegiate sports teams and leaders of organizations funded, sponsored, or recognized by Harvard College in a very real sense represent the College.They benefit from its resources. They operate under its name. Especially as it seeks to break down structural barriers to an effectively inclusive campus, the College is right to ensure that the areas in which it provides resources and endorsement advance and reinforce its values of non-discrimination.”

Faust was following the recommendation of Dean of the College Rakesh Khurana’s recommendations, who wrote in his report on the results of a “study”,

“[T]he discriminatory membership policies of these organizations have led to the perpetuation of spaces that are rife with power imbalances. The most entrenched of these spaces send an unambiguous message that they are the exclusive preserves of men. In their recruitment practices and through their extensive resources and access to networks of power, these organizations propagate exclusionary values that undermine those of the larger Harvard College community…Ultimately, all of these unrecognized single-gender social organizations are at odds with Harvard College’s educational philosophy and its commitment to a diverse living and learning experience.”

Let us be clear what Harvard is trying to do here. It is seeking to punish students for their associations and activities unrelated to the school itself, and using its power within the limits of the campus to indoctrinate ideological values and require conduct that is unrelated to education. This is a rejection of the principle of freedom of association, one of those enumerated rights protected by the Ninth Amendment of the Bill of Rights, and a cornerstone of American principles. If the college can, in effect, create a blacklist withholding institutional honors from those who choose to belong to an all male or all female club completely distinct from the university, what clearly delineated line prevents the same institution from declaring that membership in the Republican Party, Occupy Wall Street, Americans For Trump or the NAACP are similarly undermining its values?

There is no such line. Continue reading →

DOUBLE KABOOM!! Ignorant, Abusive And Incompetent: How Much More Evidence Do We Need That Our Educators And Schools Are Untrustworthy?

/ Jack Marshall / 47 Comments

double KABOOM

I’m sorry to endanger the integrity of your head—mine may never be reassembled, by the looks of things—but here are two recent high school horror stories, one in Texas and one in Arizona, and they do not even involve sexual predators or kids being suspended for pretending to shoot someone with a finger gun.

I. The Two Dollar Bill

Two dollar bill

I’m going to just summarize this stunningly stupid story, and you can read the details here. 13-year-old eighth grader Danesiah Neal, a student  at Fort Bend Independent School District’s Christa McAuliffe Middle School, attempted to pay for her lunch one day with a two-dollar bill given to her by her grandmother. The lunch lady had never seen a $2 bill, so she alerted the school administrators, who called the police. THEY had apparently never seen a $2 bill, and told the girl that she was being investigated for counterfeiting, a felony, as the school allowed this idiocy to unfold. They called the grandmother, and told her she was under investigation too.

A campus officer traced the bill to where granny got it, a 7-11, and then cleverly traced the bill to…THE BANK, which informed these officious, incompetent morons that the two is a genuine piece of currency, and has been in circulation since 1862. Continue reading →

Do We Really Want To Live In A Society Where Tow-Truck Drivers Refuse To Tow The Cars Of Bernie Sanders Supporters?

/ Jack Marshall / 32 Comments

Bernie Sticker

In Ashville, North Carolina,  tow truck driver Ken Shupe arrived on the scene to find motorist Cassy McWade standing by her accident-disabled vehicle  on Interstate 26. “He goes around back and comes back and says ‘I can’t tow you,” Wade told a reporter. “My first instinct was there must be something wrong with the car. And he says, ‘No, you’re a Bernie supporter.’ And I was like wait, really? And he says, ‘Yes ma’am,’ and just walks away.”

Here’s Shupe’s version:

“Something came over me, I think the Lord came to me, and he just said get in the truck and leave. And when I got in my truck, you know, I was so proud, because I felt like I finally drew a line in the sand and stood up for what I believed.”

A few quick points and then I’ll get to the real issue:

1. Shupe is an utter, virulent, IQ-deficient jerk whose conduct and attitude makes a mockery of whatever faith it is cursed to have him belonging to it, and constitute a blight on the society, community,culture and nation so unfortunate as to be stuck with him.

2. News reports make a big deal out of the fact that McWade is confined to a wheelchair. Ah: the theory is that we are only obligated to help our handicapped neighbors in need, is it? It shouldn’t matter if she was an Olympic medalist in the 50 yard dash. You don’t treat other human beings like that in any society that values human rights and common decency.

3. Shupe’s company is Shupee Max Towing in Traveler’s Rest, South Carolina. Nobody in their right mind should patronize this unAmerican creep, including his own family. This was anti-social,  cruel and objectively horrible behavior toward someone in need, and Shupe needs to be shunned, hard. If he can’t co-exist with others any better than this, he needs to live in a cave somewhere, because he’s not fit for human association.

4. To anticipate an objection: you may ask how it is that I can argue that friendship should outweigh political differences and advocacy of unethical conduct, and yet designate Ken for ignominy and rejection. If Ken were a friend of mine, I can see myself standing by him even after this miserable behavior. But, as Samuel L. Jackson tells John Travolta in “Pulp Fiction,” “We’d have to be talkin’ about one charming motherfucking pig.”

In a way, however, we should be grateful to Ken Shupe, who has provided in short order and timely fashion a near perfect example of the society-wrecking virus being actively spread by irresponsible zealots on both ends of the political spectrum who are determined to divide the nation and the culture as never before. Yes, never before. During the American Civil War, generals on opposite sides of some of the most bloody battles ever fought arranged to meet and exchange pleasantries, because they had been, and remained, friends. They understood what the self-righteous tow-truck operator, and, increasingly, our entire society, doesn’t. Continue reading →

A Catastrophic Existential Failure Of Ethics And Institutions

/ Jack Marshall / 126 Comments
Now what, Ben?

Now what, Ben?

I woke up this morning nauseous, after a restless night. It could have been dinner, but I’m pretty sure that it was Indiana.

Not that seeing Ted Cruz suspend his quest to be President was upsetting in and of itself. He’s a terrible candidate and a dangerous man, and almost certainly unelectable, which in his case is a good thing. As it did with Chris Christie, who was exposed as a character-free fraud; as it did with Jeb Bush, who demonstrated an inability to think; as it did with Ben Carson, who proved why his theory that leaders need no relevant experience at all was nonsense; as it did with Marco Rubio, who provided the definitive definition of “empty suit,” the primary system worked, and eliminated aspiring nominees who were unqualified and unfit in various ways.

It has not worked, however, with Donald Trump. This was not a failure of the primary system or the political system (Hillary Clinton’s impending nomination will be a failure of the political system) but something far more ominous. We are faced with the threat of an unstable, incoherent, ethics-free and irrational man becoming our President because of a catastrophic breakdown in the ethics of our cultural, societal and political institutions, over a long period of time. As a result, our democracy, ideals and way of life are imperiled as never before.

It didn’t have to be this way. It’s just how things broke, that’s all. The United States has sewn the seeds of its own destruction many times before and lucked out, smelling like a rose after mistakes, miscalculations and stupid actions that easily could have ended Mr. Jefferson’s experiment in tragedy and chaos. We might get lucky again, I suppose. Trump might get squished by a falling piece of space junk. Hillary Clinton might get possessed by the spirit of Julia Sand. I wouldn’t bet on it though. Continue reading →

Apology Ethics 2: Is This A Legitimate Excuse? Does It Matter?

/ Jack Marshall / 26 Comments

Skydiving

Tom Angel was chief of staff for the Los Angeles County sheriff until emails he had sent to friends four years ago, prior to becoming the sheriff’s top aide, denigrating several different groups of minorities including Muslims, Catholics and Latinos surfaced in the media. Now Angel  has resigned.

His boss, Sheriff Jim McDonnell,  announced the departure  in a statement posted to Facebook that called the messages “inappropriate and unprofessional.”  That was fair.

Originally, the department defended Angel, saying in part,

“Although his judgment in this situation is of concern to members of the Sheriff’s Department, no one is more distressed about it than Chief Angel himself.  His apologies for this uncharacteristic act have been profuse and sincere. Chief Angel’s decision-making and actions in his long prior career with the Sheriff’s Department and since his return in 2015 reveal more about his actual character and typical good judgment than the instances from four years prior currently reported in the media.”

It didn’t work, especially after Angel’s apology, quoted in the LA Times, was this:

“Anybody in the workplace unfortunately forwards emails from time to time that they probably shouldn’t have forwarded. I apologize if I offended anybody, but the intent was not for the public to have seen these jokes.”

Should that have been sufficient? Continue reading →

“Yo, Barry, You Did It, My Nigga!”

/ Jack Marshall / 14 Comments

Larry Wilmore

Wrong.

“Yo, Barry, You Did It, My Nigga!” This was “The Nightly Show’s” Larry Wilmore’s final salute to the President of the United States during an alleged comedy routine at the White House Correspondents Dinner.

Here’s what’s wrong with it:

1. The comment was cynically calculated to cause an uproar, even at the cost of embarrassing the President and causing a racial incident. This is neither good hosting, nor ethical citizenship. Wilmore was only aiming at exploiting an opportunity to expand his rating, which aren’t so great.

2. It is disrespectful, no matter how one interprets the word. Barack Obama isn’t “Barack,” “Barry,” “Bro’,” or “Nigga” to Wilborn. He’s “Sir” or Mr. President. His job as M.C. didn’t permit that liberty.

3. It adds to a widespread and societally disruptive belief that Barack Obama is the black community’s President, and the black community has special privileges as a result. It certainly suggests that’s how black America views him. That’s not the legacy the President seeks, and thus the comment was uncomfortable for him.

4. Most white Americans and a lot of black ones do not agree that “nigger” and variations thereof are taboo when uttered by whites but benign when wielded by blacks. Why look, even Al Sharpton objected! “Many of us are against using the N-word period,” Sharpton told the LA Times. “But to say that to the President of the United States in front of the top people in media was at best in poor taste.”  “So we end the WHCD by touting the historical implications of 1st black president… and we use the N-word. Not cool,” tweeted  ABC producer Sarah Thomas, also an African-American.

5. The comment fed the racial divisiveness that has been the hallmark of Obama’s presidency. “Black Twitter,” as it is called, was full of African American celebrities and commentators making it clear that they didn’t care what white people thought. Mediaite’s resident race-baiter Tommy Christopher approvingly cited many of them, including his own.

I wonder who it was who convinced African-Americans that it was either wise, strategic, fair, reasonable or ethical to simultaneously express contempt for the opinions and feelings of whites while demanding hyper-sensitivity from whites about any word, innuendo, opinion or topic that could be considered the least bit uncomfortable for blacks?

6. “Barry” did what, exactly? What is “it”? Massively increasing the national debt? Dangerously dividing the nation? Undermining the rule of law, free speech and the system of checks and balances? Making a mockery of his promise to be transparent? Nurturing the anger, despair and cynicism that led to the rise of Donald Trump?

Barack Obama’s singular and historical accomplishment was being elected the first black President. Yes, he did that, but he did that almost eight years ago, and it’s old news. After that, his job was to be a good, fair, hard-working, effective, unifying and successful President of the United States, and his color was and is irrelevant to those tasks.  He hasn’t been any of those things, so what has he done? Finished his terms? That not a big accomplishment. I guess he created an environment in which a TV personality thought it was appropriate to call him a “Nigga” in public.

He did that, all right.

I’m not applauding.

Talia Jane, Public Jerk, Grabs Credit For Yelp’s Pay Raise

/ Jack Marshall / 18 Comments
She's baaaaaack!

She’s baaaaaack!

Remember the fifteen-minutes of infamy of Talia Jane, an entry-level Yelp employee who posted an article to the social media site Medium titled, An Open Letter To My CEO?    Cheekily addressed to “Jeremy” (Yelp Chief Executive Officer Jeremy Stoppleman), the letter/rant/ classic of arrogant entitlement was a long, snotty whine about her low compensation—you know, like all entry-level jobs—alleged abject poverty (which was quickly shown to be a lie), high Bay Area living expenses (because they were a secret until she moved there), company policies and the fact that Yelp creator Stoppleman was rich.

Jane was thoroughly shredded by every online commentator (including Ethics Alarms) over the age of 21 and not a Bernie Sanders supporter. The obnoxious screed showed a complete lack of personal responsibility for her own choices, and made her a strong candidate for Most Unattractive Job Candidate of 2016. My conclusion:

I wouldn’t trust Talia Jane to run my lemonade stand.

Hey, but she’s young, she made a mistake, and she’ll learn and grow through this misstep, understanding the error of her ways and going forward to become a fair, reasonable, ethical member of society, right?

Fat chance. I hesitated to pronounce her essay as signature significance, a misbegotten ethics botch of a magnitude that indicated the author was probably an incurable toxic jerk, because 25 is too early to write off even the most egregious offenders. She may learn yet, I suppose, but the most recent evidence is not encouraging. Continue reading →