U.S. Society

“BULLY!” Is The New “WITCH!”

/ Jack Marshall / 28 Comments
"Bully!"

“Bully!”

The Texas father of a high school football player would have been right at home in Salem, in the British New World colony of Massachusetts, around 1692. Then, thanks to hysteria about witchcraft, a vengeful citizen could permanently set the populace against a neighbor who had offended him, say, by winning a lawsuit, stealing a recipe or looking lustfully at his or her significant other, by accusing that neighbor of being a witch. This would inevitably spark an investigation, suspicion, infamy, maybe even a trial…and if the accusation stuck, a sadistic execution, perhaps by piling rocks on the neighbor’s witchy chest until everyone heard the sounds of squishing and cracking.

The cry of “Witch!” doesn’t work so well any more, but accusing someone of being a bully works almost as well. It can cause schools to impose punishment for words and activities that have nothing to do with school, and give law enforcement officials the power to pile rocks on the First Amendment. Now a vengeful father who watched his son’s hapless football team get the just desserts of all hapless teams—losing badly—has successfully punished the victors for being stronger, faster, and better coached, by accusing the superior team—it beat his son’s squad by a score of 91-0—of “bullying.” This mandates an investigation, so the winning team’s coach is now under a cloud, and in peril of seeing his career and reputation squished and cracked.

Mission accomplished! Continue reading →

The Unprofessional Cause Of Unprofessional Lawyer Brian Zulberti

/ Jack Marshall / 38 Comments

Brian ZYoung Brian Zulberti may be nice guy. He may even be a competent lawyer, though the chances of his being able to demonstrate that are diminishing daily. Nevertheless, his quixotic and misguided, and dare I say it, really stupid, quest to show that professionalism, judgment and character are not properly relevant to the practice of law is an exercise in hubris that must fail, deserves to fail, and of course, will fail, leaving him to pick up the pieces of fifteen minutes of media fame purchased at the price of a reputation. It looks like he’s having fun, and that’s something, I guess. Ten years from now, I doubt that he’ll think it was worth it.

Shortly after passing the Delaware Bar, Zulberti, a 2009 law school grad,  emailed the entire Bar membership asking for a job. In lieu of his résumé;  he attached a photo of himself in a Villanova Law muscle shirt that would be more at home on a dating site for the shallow. The web also contained his half-naked selfies, and various websites with varying motives picked up the story. Interviewed on YouTube, Zulberti proclaimed that being true to himself was more important to him than getting hired, and that he wasn’t about to change his Facebook privacy settings to portray himself as a traditional, dignified, applicant for legal work.

Let me pause here to say that in many ways I sympathize with Zulberti. Continue reading →

Ethics Dunce: Fat-Bashing Film Critic Rex Reed

/ Jack Marshall / 68 Comments

melissa_Elle

Actress Melissa McCarthy stole the film “Bridesmaids” right out from under its better known stars, including the screenplay’s author, Kirsten Wigg. In that film, her hit CBS sitcom “Mike and Molly,” and subsequent films (of varying quality), McCarthy has shown that she is s versatile, appealing comedienne with deep dramatic resources. Film critic Rex Reed, however, is mostly concerned with her weight, which is usually a component of the characters she plays and the quality, other than her talent, that sets her apart from the standard issue, impossibly thin, fit and sexy Hollywood actress.

In his withering review of her latest comedy “Identity Thief,” Reed causally refers to McCarthy as a “female hippo” and reduces her career to this: “Melissa McCarthy (Bridesmaids) is a gimmick comedian who has devoted her short career to being obese and obnoxious with equal success.” Called on his fat-bashing, Reed responded, “I have lost entirely too many friends to obesity-related diseases to pretend Ms. McCarthy’s alarming obesity is anything to applaud.”

There are two aspects of this that are striking. One is that Rex Reed, who played the pre-op Myra Breckenridge in the awful movie version of Gore Vidal’s gender-bending, and considered scandalous at the time, satiric novel (Raquel Welch, now over 70, was post-op), is still alive and reviewing, albeit obscurely until, as now, he writes something outrageous. At one time—40 years ago? Longer?— Reed was considered the most quotable and one of the most influential film critics; now, to say he is passé would be a compliment.

The other striking aspect of this incident is this:  while the culture will turn with unforgiving venom on any public figure who derides individuals for their color, sexual orientation, malady or disability, any of which would be considered cruel, bigoted, and hateful, deriding individuals because their weight doesn’t meet with aesthetic norms—among which are now out-sized breasts on otherwise fat-free frames and sharply chiseled abdominal muscles, a look that was literally freakish until the dawn of Nautilus and personal trainers—-still is largely regarded as justified and acceptable. Continue reading →

CBS’s “Blue Bloods”: Endorsing the Saint’s Excuse and Polk County Justice

/ Jack Marshall / 14 Comments

 

Time for the department ethics training, Chief. You should sit in on it too...

Time for the department ethics training, Chief. You should sit in on it too…

“Blue Bloods,” Tom Selleck’s New York police family drama on CBS, began as a paean to the core values of public service, nobility, justice, courage and honesty as it chronicled the work and lives of three generations of the Reagan family. The Reagan men are all cops, the one female is a DA, and Selleck is the paternal Chief of Police. Based on last night’s episode, “The Truth About Lying,” series creators Mitchell Burgess and Robin Green have permitted the show’s writing staff to be infiltrated by the Dark Side in its fourth season, and now its calling cards will include the enthusiastic promotion of the abuse of power and the celebration of lying as long as it’s all for a good cause. That’s the Saint’s Excuse, one of the most deadly of the rationalizations, in which “good” people decide that they are empowered to do unethical things in the pursuit of what they believe are worthy goals. The Saint’s Excuse is something of a theme in the United States these days. Now “Blue Bloods” is making sure popular culture spreads the word.

The episode, which you can watch here, was ostensibly about Selleck’s Chief’s efforts to foil the city’s newly appointed “inspector general,” installed in the wake of a “ripped from the headlines” court rejection of an effective “stop and frisk” program by New York’s finest. Continue reading →

Facebook Ethics: Making Your Facebook Friends As Ignorant As You Are

/ Jack Marshall / 14 Comments

Foto-Facebook

All of a sudden, for some unknown reason (maybe THIS story!) there is an avalanche of Facebook users posting this language, or the equivalent:

Now that there has been a change in Facebook’s privacy policy, I am making the following change: I do not give Facebook or any entities associated with Facebook permission to use my pictures, information, or posts, both past and future. By this statement, I give notice to Facebook it is strictly forbidden to disclose, copy, distribute, or take any other action against me based on this profile and/or its contents. The content of this profile is private and confidential information. The violation of privacy can be punished by law.  NOTE: Facebook is now a public entity. All members must post a note like this. If you prefer, you can copy and paste this version. If you do not publish a statement at least once it will be tactically allowing the use of your photos, as well as the information contained in the profile status updates. DO NOT SHARE. You MUST copy and Paste.

================================
PRIVACY NOTICE: Warning – any person and/or institution and/or Agent and/or Agency of any governmental structure including but not limited to the United States Federal Government also using or monitoring/using this website or any of its associated websites, you do NOT have my permission to utilize any of my profile information nor any of the content contained herein including, but not limited to my photos, and/or the comments made about my photos or any other “picture” art posted on my profile. You are hereby notified that you are strictly prohibited from disclosing, copying, distributing, disseminating, or taking any other action against me with regard to this profile and the contents herein. The foregoing prohibitions also apply to your employee, agent, student or any personnel under your direction or control.

The contents of this profile are private and legally privileged and confidential information, and the violation of my personal privacy is punishable by law.

UCC 1-103 1-308 ALL RIGHTS RESERVED WITHOUT PREJUDICE.

Impressive!

Scary!

Legal sounding!

But oh so wrong in every way. Continue reading →

What’s Wrong With The Florida Cyber-Bullying Arrests? Everything.

/ Jack Marshall / 193 Comments

“Bullying, as they are supposed to teach you in school, is when someone uses their superior power to subordinate and humiliate someone weaker than themselves. This is wrong, and it is always wrong.”

The Sheriff of Polk County...wait, no, that's Tom Cruise, searching for pre-criminals in "Minority Report." Well, close enough.

The Sheriff of Polk County…wait, no, that’s Tom Cruise, searching for pre-criminals in “Minority Report.” Well, close enough.

This is a quote from an Ethics Alarms post earlier this year, about a school that forced students to do embarrassing things in a warped effort to discourage bullying. There is a disturbing societal consensus brewing that opposition to bullying justifies all sorts of extra-legal, unethical, excessive, abusive and unconstitutional measures, and there are a dearth of persuasive voices point out that this consensus is dangerous and wrong. Those potential voices are being stilled by a kind of cultural bullying. How can you defend bullies! Look at the victims! Think of the children! What a horrible, unfeeling person you are!

This is the only explanation I can generate for the fact that none of the commentary and media coverage regarding the Florida arrests of a 14-year-old girl and a 12-year-old girl on trumped-up charges of “stalking” following the suicide of Rebecca Ann Sedwick pointed out that the arrests were a travesty of the justice system, an abuse of power, child abuse, legally and constitutionally offensive, and, yes, bullying of a different kind. Continue reading →

Annals Of The Ethics Incompleteness Theorem: The Snuggle House And “The Dress Code Effect”

/ Jack Marshall / 9 Comments
Awww! Who could object to a little snuggle?

Awww! Who could object to a little snuggle?

Almost any rule, low or ethical principle can be deconstructed using what I call border anomalies. The first time I was aware of it was as a Harvard freshman in the late Sixties, when all assumptions, good and bad, useful and not, were considered inherently suspect. The college required all students to wear jackets and ties to meals at the student union, and up until my first year, nobody objected. But that fall, my classmates set out to crack the dress code, so they showed up for meals with ties, jackets, and no pants, or wearing belts as ties, or barefoot. (Yes, there were a lot of future lawyers in that class.) Pretty soon Harvard gave up, because litigating what constitutes ties, jackets and “proper dress” became ridiculously time-consuming and made the administration look petty and stupid. Of course, there are good reasons for dress codes—they are called respect, dignity, community and civility—-but never mind: the dress code couldn’t stand against those determined to destroy them by sending them down the slippery slope.

If any rules are to survive to assist society in maintaining important behavioral standards, we have to determine how we want to handle the  effects described by  the Ethics Incompleteness Theory, which holds that even the best rules and laws will be inevitably subjected to anomalous situations on their borders, regarding which strict enforcement will result in absurd or unjust results. The conservative approach to this dilemma is to strictly apply the law, rule or principle anyway, and accept the resulting bad result as a price for having consistent standards. The liberal approach is no better: it demands amending  rules to deal with the anomalies, leading to vague rules with no integrity—and even more anomalies. The best solution, in my view, is to regard the anomalies as exceptions, and to handle them fairly, reasonably and justly using basic principles of ethics, not strictly applying  the rule or law alone while leaving it intact. Continue reading →

Scott Carpenter And Being Unfair To #2

/ Jack Marshall / 12 Comments

scott-carpenter

Scott Carpenter died last week, at the age of 88. Did you notice? Did you even remember who Scott Carpenter was?

I remember who he was and what he did, but I didn’t know that he had died. The world stops when the actor who played Tony Soprano dies, but an aged American hero and explorer? The news media says “Meh.” If Carpenter was still famous or a celebrity at all, it was only in the vague, foggy sense that obscure rock artists from the 60’s and expired pop icons are famous. I think Tony Dow, Barbara Feldon and Mama Cass are about as familiar to today’s public as Scott Carpenter, if not more. I just asked my son, who is 18 and better schooled in history and culture than most of his contemporaries. He knew Mama Cass was a member of the Mamas and the Pappas. The rest? Crickets.

Yet Scott Carpenter was, unlike those people, important. He was  one of the original Mercury astronauts, and in 1961, he orbited the Earth. After he left NASA he became a different kind of explorer, challenging “inner space,” the ocean’s mysterious depths. He launched an undersea habitation called Sealab II, where he and three other men conducted experiments on how well humans  function in a high-pressure undersea conditions for extended periods. Carpenter was a deep-water pioneer, mining on the sea bottom and harvesting exotic fish and other sea creatures. He salvaged and refloated a sunken jet fighter; he built an undersea petroleum-exploration platform.

Scott Carpenter, however, wasn’t famous by the time he died, because one of his fellow astronauts and good friends, John Glenn, orbited the Earth before him. Glenn went on to become a U.S. Senator based on his fame and heroic reputation (it helped that he was a combat pilot and decorated military hero as well). Carpenter did something important, dangerous, selfless, difficult and heroic, but he did it second, after John Glenn. We don’t remember second, and the distance between the accolades and honors heaped on #1 and the shrugs that follow #2 is disproportionate and unfair. Continue reading →

Ethics Quote of the Month: Illya Somin

/ Jack Marshall / 22 Comments

“Democracy is supposed to be rule of the people, by the people, and for the people. But in order to rule effectively, the people need political knowledge. If they know little or nothing about government, it becomes difficult to hold political leaders accountable for their performance. Unfortunately, public knowledge about politics is disturbingly low. In addition, the public also often does a poor job of evaluating the political information they do know. This state of affairs has persisted despite rising education levels, increased availability of information thanks to modern technology, and even rising IQ scores. It is mostly the result of rational behavior, not stupidity. Such widespread and persistent political ignorance and irrationality strengthens the case for limiting and decentralizing the power of government.”

—Illya Somin, Professor of Law at George Mason University School of Law, from his paper and 2013 book of the same name, “Democracy and Political Ignorance.”

Those were the days...

Those were the days…

Somin, who writes frequently on the mostly libertarian law wonk blog The Volokh conspiracy, is a political scientist, but big government progressives should restrain themselves from dismissing his statement (and my endorsement of it) as right wing or partisan rhetoric. Facts and logic should not be partisan or ideological, and it seem inarguable to me that Somin’s statement is correct, and that certain ethical truths follow. If one is going to dispute his conclusion, one must be able to fairly contest the assertions leading up to it. Let’s examine them in that light:

  • “Democracy is supposed to be rule of the people, by the people, and for the people.” Yes, we can agree on that, can’t we?
  • “But in order to rule effectively, the people need political knowledge.” True… at least this was the conviction of Madison, Adam Smith and virtually all of the political philosophers who championed democratic government. I have never heard it seriously questioned. Continue reading →

Cautionary Tales: When The Law Protects Unethical Creeps

/ Jack Marshall / 13 Comments

Chaney_Chelsea

Two recent court rulings demonstrate how the law often cannot punish purely unethical conduct if it falls in the cracks of legal language and definitions. When that happens, however, it is incumbent upon the rest of the culture not to allow an Ethics Dunce, or worse,to escape without proper identification and condemnation.

Case A: Curtis Cearley

Director of technology services for the Fayette County (GA) school district.

Fayette County high school student Chelsea Chaney used her Facebook page to post a photo of herself wearing a bikini and standing next to a life-size cardboard cut-out of rapper Snoop Dogg holding a can of Blast, the caffeinated alcoholic beverage he promotes. Although it was posted for the student’s friends, Cearley saw it, and used the comely photo in a  presentation at a public forum on the risks of sharing potentially embarrassing personal information on social media. He also used her name, identifying Chaney at the forum which was attended by parents, faculty and  students who attended school with her. He never alerted her, or asked her permission to use her photo as a “Don’t be like Chelsea!” example. The forum was titled “Once It’s There, It’s There to Stay.”

Horrible. This is a pure Golden Rule violation by Cearley, unfair, cruel, thoughtless, mean and intentionally  harmful to a minor, no less: Continue reading →