Comment Of The Day: NetChoice LLC v. Paxton (Item #4 In “Sunday Consequential Ethics Epiphanies, 9/18/2022”)

/ Jack Marshall / 7 Comments

I am enmeshed in a disagreement with esteemed and long-time Ethics Alarms commenter Chris Marschner regarding Texas’ HB 20 signed into law last year. It prohibits social media platforms with over 50 million monthly U.S. users from censoring posts based political positions and viewpoints. To my surprise (although considering the Court, maybe it shouldn’t have been) the Fifth Circuit helding that the right to free speech didn’t include the right to censor speech, a privately-owned platform. That opinion is here. I wrote that I didn’t understand the opinion at all, meaning that while I find the way social media platforms employ bias and partisan favoritism to censor posts using double standards profoundly unethical, I also think the Texas law is screamingly unconstitutional, and is likely to be held to be so by the U.S. Supreme Court. However, I understand the opinion better than I did thanks to Chris’s advocacy.

Here is his Comment of the Day on Item #4 of the post, “Sunday Consequential Ethics Epiphanies, 9/18/2022: On Incompetence, Diversity, Censorship And More..”

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You and I are in complete agreement on the issue of viewpoint discrimination. I will counter that the service provided is not free. It is true that monetary compensation is not used but the Users barter for the service by providing valuable personal data and rights to the content they post online on an ongoing basis.

While Facebook does not sell users data directly it does so indirectly by serving as a middleman using its algorithm to serve up targeted advertising. That is the foundation of the business model from which the service derives its income.

One might argue that the perceived value of this trade is lopsided in favor of the user because of the billions of dollars needed to create and maintain the platform while all the user exchanges for access is giving the Service intelligence about the User. The problem with that argument is that it only appears lopsided because until the business model was developed the user has no individual means to collect financial compensation for them being subjected to an endless barrage of advertisements. Through this business model Users obtain an exchange of value by creating a social media account. In a sense, Facebook, et al serves as a medium of exchange which is the primary defining characteristic of money. Continue reading →

“A Simple Plan”: An Ethics Movie

/ Jack Marshall / 12 Comments

I watched the 1998 film “A Simple Plan” again last night, and as usual with movies I see several times, I noticed some details and themes that eluded me in previous viewing. This is an ethics film, and one that would support a seminar, yet virtually none of the reviews of “A Simple Plan” mention ethics at all. That is to be expected, since ethics isn’t on Hollywood’s radar or that of 99% of the participants in the film industry, including reviewers. Checking the archives, I discovered that I mentioned the movie in an ethical context three times, but never seriously examined the film itself.

“A Simple Plan,” based on a novel by the same name, stars Bill Paxton, Billy Bob Thornton as the very different Mitchell bothers in rural Minnesota, Hank (Paxton) and Jacob (Thornton) who, along with Jacob’s friend Lou discover a crashed private plane in a snowy field. Along with the dead pilot, the wreck contains over $4 million in cash.

The simple plan of the title is the three men’s decision to take the money, hold on to it until the plane is discovered, and then divide it up afterwards if nobody is looking for the cash. Hank, the only one of the three with firing neurons, initially wants to report the crash and the cash, obviously the legal, safe and ethical course, but allows his genial but dim-witted brother and his habitually drunk friend convince him to try the “plan.”

This illustrates at least nine vital ethics lessons right up front:

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Today’s Dumb Woke Hollywood Casting Question: “Why Does Hollywood Keep Using Fat Suits?” [Corrected]

/ Jack Marshall / 5 Comments

The New York Times today decides to try a new frontier in the woke casting double standard adventure—you know, the incoherent theory that minority actors should be considered for all roles and all character types regardless of sex, race, size or physical characteristics, but it is unethical for white performers to play any character that they have to act and use make-up to evoke. You know, like good Hollywood liberal Tom Hanks claimed when he issued his recent  mea culpa for playing a gay, AIDS battling lawyer in “Philadelphia.”  So, using the same logic, Tom must have been equally hostile to “diversity, equity and inclusion” when he took a role away from some brilliant, unknown actor with a 75 IQ to play Forrest Gump, just as an autistic actor should have starred in “Rain Man” instead of Dustin Hoffman.

Suuuure. But I’m getting ahead of myself. The Great Stupid often has that effect on me. Sorry.

The Times’ query, in the headline to a column by Arts Section pundit Farah Fleurima, is “Why Does Hollywood Keep Using Fat Suits?” Gee, it’s a mystery! And come to think of it, why does Hollywood keep using make-up? Special effects? Fake blood?

Here’s a much tougher question: why does the New York Times let people who know nothing about performing, entertainment, business, audiences, comedy, and casting write columns like this? Continue reading →

The Saturday Evening (Ethics) Post, 9/24/2022: Jokes, Unintentional And Otherwise…

/ Jack Marshall / 9 Comments

The Church of Jesus Christ of Latter Day Saints, aka. the Mormons has been much on my mind of late thanks to the horrific Netflix documentary “Sins of Our Mother,” about a sensational double child murder in 2019 that will have a presumably sensational trial early in 2023. I have had a great deal of experience with members of the church, almost all of it good. One of my Freshman roommates in college was a devout Morman; a long-time high school crush was a not-so-devout Mormon, and  one of my bosses in my first job out of law school was a Mormon. It’s a fascinating culture with a unique history. On this date in 1890, the Church’s  leaders issued, under duress, the “Mormon Manifesto” commanding all Latter-day Saints to uphold the anti-polygamy laws. Polygamy is unethical, but it never quite vanished among Mormons, just going underground. In the last half-century or so the Sixties mentality hangover pretty much caused law-enforcement to ignore all but the most egregious examples, and it looks as if the acceptance of same sex marriage in the law and culture may eventually slippery-slope its way to making polygamy legal too. That would be a dire societal ethics misfire, but as with the current transsexual mess, feminists will be torn between their “woke” loyalties and the fact that polygamy degrades and abuses women. Based on how feminists have handled the transgender wave so far, I am not optimistic.

1. Sure, these idiots were going to pull off an “insurrection”…Doug Jensen, an Iowa man who was one of the first ten rioters to enter the Capitol ( “during the insurrection” says NBC, thus injecting Democratic propaganda into an alleged news report)  was found guilty this week on seven counts, including felony charges of civil disorder, and assaulting, resisting or impeding officers. The evidence indicates that Jensen didn’t realize until 24 hours after the riot that he had been part of a siege of the Capitol rather than the White House. But he was a supporter of Donald Trump, and that’s crime enough….

2. Speaking of desperate and unethical excuses, disgraced GOP congressional candidate J.R. Majewski, who was outed by the Associated Press as misrepresenting his military service resulting in the GOP pulling his campaign support, now says that there is no evidence of his combat experience because “All of my deployments are listed as classified.” Why was he boasting about them in his campaign literature, in interviews and in speeches, then, if they were classified? Continue reading →

Observations On Another Capital Punishment Fiasco

/ Jack Marshall / 6 Comments

That’s Alan Eugene Miller, who was convicted of murdering three men in 1999. Nobody disputes that he is guilty. The only question is how and when he will be executed, as he received the death penalty and deserved to. The fact that he is still breathing 23 years after his crimes speaks for itself, and is self-evidently absurd, a direct consequence of the moral and ethical confusion over capitol punishment. People like Miller—that is, people who have forfeited their right to continue living in a civilized society—cost law abiding citizens millions by the time they finally get their just desserts.

This story is especially infuriating as well as ridiculous. Alabama passed a law in 2018 that gave death row prisoners a choice between being killed by a lethal injection and dying by a nitrogen hypoxia, which is death by being deprived of oxygen.

[Observation: Why a condemned prisoner should be given any choice at all is beyond me. As Alabama Governor Kay Ivey, said, Miller’s three victims didn’t get to choose whether they would be shot in the chest.]

Miller is, we are told, afraid of needles, so he chose suffocation.

[Observation:  This already sounds like a Monty Python skit. Again, who cares what he’s afraid of? Presumably he’s also a bit afraid to die. So what? Why should the state, or the society he betrayed, have any ethical obligation to yield to his delicate sensitivities?] Continue reading →

This Is Comforting: “The Great Stupid” Is Greater And Stupider In Canada, As You Can See…

/ Jack Marshall / 15 Comments

But for how long?

That’s a male, Oakville High School (about 20 miles from Toronto) “transitioning” shop teacher, parading with his, or her—it really doesn’t matter— gigantic prosthetic boobs. The Halton District School Board defends “her” completely voluntary appearance and attire in the name of “gender rights.” Meanwhile some students have skipped class, some are protesting, and parents are objecting.

My heavens, what could they be upset about?

“This teacher is an extremely effective teacher,” the board’s chair told the media. (Other than creating a completely unnecessary distraction by choosing to wear fake breasts twice the size of his head, of course—picky, picky...)The school board is creating a “safety plan” to ensure this serious professional can continue teaching without incident.

Yes, this Canadian variant of The Great Stupid virus could spread over the border. Continue reading →

A New “All-Time Most Outrageous Excuse” Champion! [Link Fixed!]

/ Jack Marshall / 5 Comments

Fifteen-and-a-half years ago, when Lindsay Lohan was young, vibrant, and in the process of destroying her career, I took to the old Ethics Scoreboard to declare her explanation to the police who had arrested her for driving intoxicated and in possession of cocaine the “most brazen and manifestly ridiculous excuse ever.” The coke had been found in her pants pockets, so Lindsay claimed that they weren’t her pants, launching the TAMP (These Aren’t My Pants) standard for outrageous excuses.

In 2012, the drunken captain who piloted the Costa Concordia cruise ship onto the rocks claimed that he left the capsizing vessel before his passengers because the he “fell into a life boat.” That was close to TAMP, but not quite, I ruled on Ethics Alarms. But the same month, The Smoking Gun reported that in Wisconsin, police responding to a domestic abuse episode that left a Mrs. Michael West bleeding were told by Mr. West (no, not the esteemed Ethics Alarms contributor) that she had been beaten and nearly strangled to death by a ghost. Ethics Alarms ruled that West had taken the crown from Lindsey, who has done little to distinguish herself since.

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Would It Be Ethical To End Public School Education? Is It Ethical To Even Consider it?

/ Jack Marshall / 23 Comments

The second question in the headline is based on an Ethics Alarms core principle: it isn’t ethical to propose policies and social changes that are impossible. Would it be possible to eliminate public school education, after it served the nation so well for so long? Still, another Ethics Alarms core principle is “Fix the problem!” Public school education is a serious problem for the nation, the culture, democracy and the future, and it is getting worse. If the problem can be fixed without eliminating public schools entirely, then it should be, though I am dubious about the practicality of that too. If the only way to fix the problem is to come up with a new model and fight for it, ethics tells us that it would be irresponsible not to make the effort.

I am thinking about this as a result of a few things. One is my own unshakeable conclusion that public education now is in a state of irreversible rot, and does more damage than good. I see evidence of this literally every day, and, as regular readers here know, we pulled my smart, curious, knowledge-hungry and authority-resisting son out of public school and eventually out of private school as well, having witnessed just how horrible the process of education was thanks to the institutions and the people who now provide it. Another thing is the now open embrace by schools, teachers and local governments of a deliberately anti-American, anti-capitalist, anti-Western culture indoctrination.

A third prompt comes from the recent writings of conservative science fiction novelist Sarah Hoyt, Glenn Reynold’s usual late night blogsitter for Instapundit. Sarah is a bit extreme for me most of the time—here’s her Ethics Alarms dossier—but I always take notice when a serious thinker starts thinking the same thoughts I’ve been thinking, or the equivalents thereof.

These are some of Hoyt’s trenchant thoughts in the post (Do read it all Sarah is always fun), “Let’s Separate State and Education”…

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The Boston Celtics Reject “The King’s Pass”

/ Jack Marshall / 12 Comments

Short analysis: “GOOD!“

Longer analysis: The Boston Celtics suspended coach Ime Udoka, widely credited with engineering the team’s surprising turn-around this past NBA season, making the play-offs and making the NBA finals after wandering in the pro basketball wilderness for the previous 12 years. He will sit out the 2022-23 season after it was determined that Udoka had a sexual relationship with a female member of the Celtics staff. The Celtics say that a decision about Udoka’s future with the team will be made later.

Conservative media, especially conservative sports reporters, are already embarrassing themselves with attacks on the Celtics decision. “Boston Celtics, this is insane” commented the Citizen Free Press, which has been stealing The Drudge Report’s traffic since Matt Drudge went NeverTrump. On the other side of The Great Divide I will expect to read fan comments that the Celtics punishment is racist. Udoka was part of last season’s NBA rush to hire black head coaches, including several who had been assistants for many years, and the league is dominated by black players, partially explaining the NBA’s total capitulation to “Black Lives Matter” agitprop. Naturally, it had to jump on the “Diversity, Equity, Inclusion” bandwagon, but the league’s lack of black leadership in contrast with its demographics on the court was already hard to justify.

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Open Forum, Rebound Edition

/ Jack Marshall / 51 Comments

The Open Forum has been a dud so far in September 2022…why is that? Quality, of course, always quality, but participation is way, way down from past months.

Or, it could be a hopeful sign that all of the ethics problems in our culture and society are being resolved!

Yeah, that’s the ticket…