War and the Military

Free Speech or Theft? The Law and Ethics of Stolen Valor

/ Jack Marshall / 5 Comments

The U.S. District Court in Colorado ruling in the case of  US v. Strandloff, has found the “Stolen Valor Act,” 18 U.S.C. § 704(b) & (d), to be an unconstitutional infringement of free speech.  Rick Strandloff represented himself as a wounded decorated Iraq War veteran in order to rally support for veterans and opposition to the war. The original Stolen Valor Act of 2005 criminalized the wearing of military medals an individual was never awarded; later, it was expanded to included the crime of falsely saying or writing that one has been given military honors for valor. The Act says, in part, that it is a crime to…

…falsely represent [oneself], verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item …

Deciding an issue like this inevitably comes down to both law and ethics. Not all speech is protected by the First Amendment, and deciding how many kinds of speech we can sensibly and reasonably prohibit requires a court and a culture to think about just how bad—how wrong–certain kinds of speech may be, based on their actual and potential harm. Continue reading →

Unethical Quote of the Week

/ Jack Marshall / 3 Comments

“He once had a fleeting association with the Ku Klux Klan, what does that mean? I’ll tell you what it means. He was a country boy from the hills and hollows from West Virginia. He was trying to get elected.”

—Former President Bill Clinton speaking fondly—and dishonestly— of  the late Sen. Robert Byrd (D-WV).

Bill Clinton has never had much understanding of  the principle of integrity. To him, wanting to get elected is justification enough for joining a violently racist organization that you don’t believe in, and giving support to a movement that you find offensive is a reasonable moral compromise to make in the pursuit of power. But how do we know that Sen. Byrd didn’t reject the Klan when the group’s cross burnings and lynchings became unfashionable in order to stay elected, while secretly sympathizing with them? Well, we don’t—and the facts support this interpretation more than Clinton’s. Continue reading →

Ethics Dunce: Geraldo Rivera

/ Jack Marshall / 4 Comments

Geraldo Rivera has declared that Rolling Stone Magazine is a journalistic miscreant for not treating comments that weren’t expressly “on the record” as “off the record,” and reporting the derogatory comments of now-deposed Gen. Stanley McChrystal and his staff regarding  President Obama, Vice-President Biden, and others.  The upcoming article’s contents, he reasons, do no good and much bad, and are irresponsible…”a terrible thing.”

Some news media reporting in times of war are indeed irresponsible and unethical, as when the New York Times has published the details of intelligence operations. This is not such a case. Continue reading →

Easy Ethics Call: Gen. McCrystal Must Go

/ Jack Marshall / 8 Comments

Ignore, for the time being, the fact that several other high-ranking Obama officials richly deserve to be fired for egregious failings of honesty and competence. Gen. McChrystal, the commander in charge of  U.S. combat in Afghanistan, has followed in the unfortunate footsteps of General Douglas McArthur, who openly criticized President Harry Truman and lost his command as a result. McChrystal has to go too. Continue reading →

Rep. Kirk’s False Award

/ Jack Marshall / 3 Comments

Thanks to Republican U.S. Rep. Mark Kirk’s revelation that he has been knowingly misrepresenting (or “lying about”) the nature of a military honor on his official biography for years, following close on the heels of the Richard Blumenthal scandal, we must answer the question: how much dishonesty should the public tolerate in candidates for the U.S. Senate?

How about “none”? Continue reading →

Blumenthal’s Lies and Professional Discipline

/ Jack Marshall / Leave a comment

I know I’m harping on Richard Blumenthal, but:

An Illinois attorney has just been suspended from the practice of law for three years for using a doctored resume to obtain his job at a big law firm.

Richard Blumenthal has doctored his resume, in public, by leading voters and media to believe he was a Vietnam veteran, when he was not. He is seeking a job, not with a law firm, but in the U.S. Senate.

The Illinois attorney has been found unfit for the practice of law by dint of his dishonest conduct, which raises doubts about his trustworthiness. Is filling out a resume to acquire a legal job itself the practice of law? No. Can anyone think of a reason why it is less indicative of bad character for a lawyer to fabricate credentials in pursuit of a non-legal job (albeit for a position that makes laws!) than a legal one? I can’t. That would seem to be an absurd distinction. Lying to the hiring partner at a law firm is worse than lying to the citizens of Connecticut? Blumenthal is the State Attorney General: he works for the people of Connecticut; they are his clients!  His lie is certainly worse.

Forget about not voting him into the Senate. Connecticut should work on kicking Richard Blumenthal out of the Attorney General’s office.

Unethical Quote of the Week: The Richard Blumenthal Campaign

/ Jack Marshall / 2 Comments

“I think in the end, the people of Connecticut care a lot more about what’s happening today in their lives, whether they’re going to keep their homes, their health care and their jobs.”

…. Conn. Senate candidate Richard Blumenthal (D) campaign adviser Marla Romash in an interview with The Associated Press, adopting the crisis-tested Bill Clinton tactic of insisting that matters like the honesty of elected officials has no bearing on their fitness for their jobs, and is a distraction from the real interests of the public.

Translation: “In the end, we know the public doesn’t care if its elected representatives are liars who, for example, claim to have fought in Vietnam when they didn’t, as long as they deliver the pork. Heck, you’ve seen it: Senators can be outright crooks, and they’ll still get the votes.”

The Blumenthal Vietnam scandal, as I predicted, is serving as wonderfully useful ethics test for other politicians, the media, Democrats, and Connecticut voters generally. Continue reading →

More on Richard Blumenthal, Connecticut’s Lying Attorney General

/ Jack Marshall / 4 Comments

Now that we know a little bit more about Richard Blumenthal, the Connecticut Attorney General whose pursuit of a U.S. Senate seat has him periodically masquerading as a Vietnam War veteran, it is clear that simply defeating him at the polls isn’t enough. He should be impeached as Attorney General, and deserves professional discipline from the Connecticut Bar as well. Why? Well, he’s an unrepentant serial liar on a grand scale. Lawyers, including Attorney Generals, are prohibited from engaging in dishonesty, misrepresentation, fraud and deceit, and it is professional misconduct when this rises to a level that calls a lawyer’s trustworthiness and fitness to practice law into question. Does pretending to have credentials, especially military combat experience, that you do not have in order to get a job reach this level?

Of course it does. Continue reading →

Lying Senate Candidate Blumenthal: Not One Single Vote

/ Jack Marshall / 1 Comment

“Senate Hopeful Misspoke About Service” headlines the Daily Beast. “Candidate’s Words on Vietnam Service Differ From History,” announces the New York Times, which broke the story. In a case like this, such delicate phrasing amounts to journalistic deceit. Connecticut Attorney General Richard Blumenthal, the Democratic candidate for the open Senate seat soon to be vacated by Chris Dodd, has been lying his head off, claiming that he served in Vietnam when he did not. He didn’t “misspeak,” and there isn’t any controversy about differing versions of history. He is a lair, and his lies have been deliberate, calculated, and despicable. Continue reading →