U.S. Society

Scott Olsen, The “Occupy” Movement and The Protest Dilemma

/ Jack Marshall / 7 Comments

The critics of the various Occupy Wall Street demonstrations are hustling to defuse the backlash from an incident that took place this week in Oakland, where a confrontation between police and Occupy Oakland protesters not only led to many arrests, but also a severely injured protestor. Iraq war veteran Scott Olsen is hospitalized with a fractured skull as a result of being hit by a projectile directed by police, probably a tear gas canister.

In the age of YouTube, the various images of Olsen’s injury were quickly exploited by protest organizers, as should be expected and is entirely fair. All demonstrations and protests are ultimately about public relations: if the protesters manage to be viewed more sympathetically than the group they are protesting against, then they attract sympathy and support. They win. If the protesters become unsympathetic, then they lose. All intense demonstrations eventually become a game of chicken between demonstrators and the government’s law enforcement force, be it police or National Guard. The demonstrators refuse to clear out of an area where they do not have a right to be, either because of the lack of a permit, or because they are disrupting the public peace, safety and welfare. They will try to provoke police without appearing so violent, unruly or scary that they lose public support. The police (or National Guard) have a job to do—they also have their own physical safety to protect—and yet they have to avoid making martyrs out of the demonstrators by appearing too militaristic, and also to make sure that their efforts don’t evoke images of police state oppression. Continue reading →

Fox News Inveils the Unethical Poll of the Month AND Inspires a Fun New Pastime: “The Stupid Choices Game”

/ Jack Marshall / 11 Comments

A Stupid Choice classic from my youth!

Fox News is determined to show that America hates the Occupy Wall Street protesters, and keeps devising polls increasingly rigged to make their case. This morning Roger Ailes’ culture warriors unveiled a new one, so intellectually dishonest, so devoid of survey legitimacy, that it made me do a Danny Thomas spit-take that soaked my Washington Post with coffee. The question (Note: This is from memory; as of this writing, I cannot find the exact phrasing posted anywhere. When I have it, I’ll use it. This is a fair approximation, however.): “What would you want your child to do when he or she grows up?” The options: 1. Working on Wall Street 2. Occupying Wall Street 3. Neither.

The “surprising results,” as one of Fox’s cloned blond bimbo news-readers bubbled:

44% chose Wall Street

28% chose Occupy Wall Street

18% chose “Neither”

Fox financial commentator Stuart Varney was shocked that 28% would choose the protesters “who want to redistribute income!” over Wall Street. “I’m sorry,” he said, “but that is un-American.”

Oh, cool your jets, Stuart. The poll is un-American; the 28% are fine, given the dishonest, false choice presented by Fox’s poll. Continue reading →

Ethical Jobs Plan: Let’s Put Lawyers in the 99%

/ Jack Marshall / 17 Comments

19th Century American lawyer without law degree or bar exam credentials. Reputed to be effective, honest.

Despite the fact that such a change might be ruinous for me personally, since a large portion of ProEthics income comes from providing bar association-mandated continuing legal education courses on ethics, I have to endorse the arguments made by Brookings Fellow Clifford Winston and George Mason Law Professor Illya Somin for eliminating barriers to entry in the legal profession, such as mandatory law school attendance, the bar exam, and bar membership.

Winston writes:

“For decades the legal industry has operated as a monopoly, which has been made possible by its self-imposed rules and state licensing restrictions — namely, the requirements that lawyers must graduate from an American Bar Association-accredited law school and pass a state bar examination. The industry claims these requirements are essential quality-control measures because consumers do not have sufficient information to judge in advance whether a lawyer is competent and honest. In reality, though, occupational licensure has been costly and ineffective; it misleads consumers about the quality of licensed lawyers and the potential for non-lawyers to provide able assistance. Continue reading →

Comment of the Day: “Naming Your Kid After Hitler: 100% Legal, 100% Child Abuse”

/ Jack Marshall / 2 Comments

Moon Unit Zappa: Only in America!

Site quotemaster and resident pedant Tom Fuller comes through with a rare comment of his containing no quotations whatsoever! (Tom is, among other things, a contributor and researcher for The Yale Book of Quotations.) He adds some useful perspective on the issue of naming children, in his Comment of the Day to yesterday’s post, “Naming Your Kid After Hitler: 100% Legal, 100% Child Abuse.”  I must point out that “Choo Choo” was not the 1962 Mets catcher’s real name, any more than Red Sox pitcher Dennis Boyd was really named “Oil Can.”

Here it is Tom’s comment:

“This is a good illustration of how America’s concept of free speech is such an unusual legal and cultural norm. In many countries, including Germany, a child’s name must be legally approved in advance (in Germany, by the Standesamt — office of vital statistics).

“By German law, a child’s name has to meet two conditions: (1) it must reflect the sex of the child, and (2) it must not endanger the ‘well-being of the child.’ No “Moon Unit” Zappa, no “Choo Choo” Coleman, and — especially — no “Adolf” anybody, unless the local office says “OK”.

“According to wire service reports, hundreds of Algerians wanted to name their babies “Scud” during the 1991 Iraq war, but the local officials nixed the idea.

“My point? Only that Americans are often more likely than those in other countries to regulate speech and behavior in ways other than by prior legal restraint — like ethics, which is what this odd corner of the Web is all about. Sadly, as history has shown, when ethics fails, many people turn to the law to fix things. It doesn’t always work.”

Better Late Than Never: The ACLU Finally Opposes the High School War On Off-Campus Speech

/ Jack Marshall / 37 Comments

High schools are seeking to place this lable on your child's head. Check for it right behind the left ear.

I had just about given up. The growing number of instances around the nation in which students are being punished by their schools for opinions and statements published on their personal Facebook pages and blogs—often under the supposed authority of “anti-bullying” rules—is disturbing and indefensible, the equivalent of schools censoring  students’ phone conversations or dinner time chats. This is an issue made for the American Civil Liberty Union’s mission of defending free speech, yet the organization had been loudly silent.

All is forgiven. We can now fairly assume that it was waiting for an especially egregious case—and one that didn’t involve alleged bullying—that it could win and set some strong precedent. It found one: a high school senior suspended and kicked out of an honors club because he criticized a teacher in a Facebook post, “from his own computer, in his own bedroom, at his parents’ home.” Continue reading →

Naming Your Kid After Hitler: 100% Legal, 100% Child Abuse

/ Jack Marshall / 20 Comments

Ironically, HIS parents wanted to call him "Stinkface Frankenstein-Poopiebottom," but thought better of it.

Not surprisingly, a New Jersey Court has found Heath and Deborah Campbell innocent of child abuse charges for naming their children “Adolf Hitler” and “JoyceLynn Aryan Nation.”

I agree. The law can’t limit parents’ rights to determine their offspring’s names, which come squarely come under the category of free speech. Unfortunately, these names say “Hate me,” “Shun me” and “Beat me up.” It may be funny to hear a song about a father who names his boy “Sue” to make him grow up tough, but inflicting these names on helpless children is no laughing matter. It is child abuse, there’s no question about it. It is just child abuse that the state has no way to stop. If parents don’t have the sense, fairness, compassion and decency to avoid burdening children with names that virtually guarantee that they will be outcasts, miserable and severely maladjusted, there is no law that can force them to do it. And since parents who think it’s dandy to name a child after Der Führer by definition don’t have common sense, fairness, or decency, the kids are out of luck. Continue reading →

Young, Gullible, Lazy, Unimaginative and Unbelievable: I Wonder Why This Lawyer Has Trouble Finding A Job?

/ Jack Marshall / 135 Comments

Well, clearly “sign-maker” isn’t an option…

I have some observations regarding this unemployed lawyer’s lament as he Occupies Wall Street.

It is true that many law schools have been exposed lately for inflating their employment statistics. The American Bar Association announced last month that it was drafting a rule including sanctions for law schools that intentionally falsify jobs data, possibly including monetary fines or the loss of accreditation. That is as it should be.

Nonetheless, I am dubious about the sign’s 99.9% claim, especially in the absence of a named institution. Promising 100% employment to any group seems excessive, and a person of normal intelligence would, or certainly should be skeptical. Thus, after only the first line, I am dubious about the candor and/or judgment of the sign-holder.

I am also dubious about his account of his conversation with the Dean. Do you know what the unemployment rate was for lawyers in 2010, according to the U.S. Department of Labor? Continue reading →

Climate Change Ethics: Prof. Muller’s Study and Media Incompetence

/ Jack Marshall / 57 Comments

At  issue is not whether global warming is occurring, or even whether it is man-made. The issue is how incompetent, biased and astoundingly uncritical the media coverage of the issue has been and continues to be. Now major news publications and respected columnists are participating in yet another global warming ethics train wreck, which helps nobody and nothing.

Here’s is Prof. Richard Muller, a Berkeley physicist, toward the conclusion of his 2003 paper on global warming data:

“Let me be clear. My own reading of the literature and study of paleoclimate suggests strongly that carbon dioxide from burning of fossil fuels will prove to be the greatest pollutant of human history. It is likely to have severe and detrimental effects on global climate.”

Now here is the Washington Post’s Brad Plumer, on a recent Wall Street Journal op-ed by Muller announcing the results of his research:

“Back in 2010, Richard Muller, a Berkeley physicist and self-proclaimed climate skeptic, decided to launch the Berkeley Earth Surface Temperature (BEST) project to review the temperature data that underpinned global-warming claims. …So what are the end results? …As the team’s two-page summary flatly concludes, “Global warming is real.” Continue reading →

Donna Brazile Opens An Ethics Can Of Worms On “The Good Wife”

/ Jack Marshall / 6 Comments

Is this the real Donna Brazile or the fake one?

The increasingly common practice of using real political figures playing themselves in dramas made me queasy from the beginning, and now I know why.

“The Good Wife,” CBS’s excellent legal drama now highlighting that network’s Sunday nights, has made such blurring of the real and fictional something of a trademark, featuring such real-life political power-player as Fred Thompson and Vernon Jordan in past episodes, not merely in cameos, but participating in substantive scenes as their real-life selves. Last night, Democratic Party strategist Donna Brazile, who had earlier in the day participated in Christiane Amanpour’s roundtable on ABC, played herself in the episode’s fictional meeting between her and  Eli Gold (Alan Cumming), the ethics-free campaign manager for the Good Wife’s Creepy Husband, Peter Florrick (Chris Noth). I must say, Donna Brazile made an extremely convincing Donna Brazile. She has a future in acting, as long as she can play herself. The problem is what fictional Donna Brazile told fictional Eli Gold, and the immediate, and confusing real life ethical issues it raises. Continue reading →

Robert Samuelson’s Brilliant, Ethical, Hopeless Proposal

/ Jack Marshall / 10 Comments

Great idea, Robert. Too bad it requires courage and honesty.

I don’t generally regurgitate other writers’ essays, but in this case I am making an exception. Robert Samuelson, rare among op-ed columnists in that he is a truth-teller without party bias, has a column today that proposes a joint act of integrity and heroism by Barack Obama’s immediate predecessors. His idea, if implemented, could have a major impact on breaking the impasse in Congress that threatens the nation’s future. It could be accomplished without bureaucratic red tape, and is profoundly responsible and ethical. And it would burnish the legacies of two former presidents who could use some burnishing.

Will it happen? Never. That’s the disturbing part. Continue reading →