American Civil Liberties Union

Yes Julea,You Have A Right To Your Beliefs; You Just Don’t Have A Right To A Job That Your Beliefs Won’t Let You Do. Why Is This Not Obvious?

/ Jack Marshall / 8 Comments

There are some issues where conservatives are just ethically, logically and legally misguided, and the issue of exercising “religious conscience” in the course of performing specific duties and services is one of them.

Julea Ward was dismissed for failing to meet the requirements of her course when she  refused to counsel a gay student while studying counseling at Eastern Michigan University. Ward later sued, saying that she told her supervisor at EMU she believes homosexuality is immoral and being gay is a choice, and that she could not in good conscience counsel a gay client. A federal court dismissed the case in July, but Ward’s lawyers have asked the U.S. Court of Appeals for the Sixth District to step in. She claims that her right to worship as she pleases is being infringed. Continue reading →

Ethics Dunce: The Delaware State Human Relations Commission, et al.

/ Jack Marshall / 11 Comments

Justice finally prevailed in a disturbing Delaware case that took hyper-sensitivity to racial bias to absurd extremes. You can read the court opinion here. In essence, the Delaware State Human Relations Commission found that a theater manager who supplemented an on-screen request for patrons to turn off their cell phones, not talk during the film and not mill around in the theater with his personal announcement to the same effect was engaged in racial discrimination, because most of the audience was black and some felt that his tone was condescending. Continue reading →

Facebook Wars II: More School Abuse of Power and Privacy

/ Jack Marshall / 23 Comments

"Hello? ACLU? Anybody there?"

In January, Ethics Alarms weighed in on reports from Illinois and New York about students being disciplined by their high schools for postings on Facebook about the sexual proclivities of female students in the community. The ethics verdict: the schools were abusing their power and the students’ privacy:

“When did schools suddenly acquire disciplinary control over what students do when they aren’t at school? There is no question that the websites involved were inappropriate, disrespectful, cruel and hurtful, just as the rumors and insults included in high school graffiti were, in those glorious days before the internet. Students so abused need to complain to parents, and parents need to talk to the parents of the offending students, and if they can’t or won’t address the problem, then the courts or law enforcement may need to become involved.”

The rationale offered by the schools at the time was that the students had violated rules against cyber-bullying, that ever-vague plague, although there is no more legitimate authority for a school to decree what a student can say about another student on a personal website than there is for a school to restrict what a kid can say at the dinner table.

Naturally, when an institution exceeds the natural limit on its authority, there is nothing to keep it from even more egregious abuse. Thus two Georgia students were just suspended and one another was expelled for negative Facebook postings about a teacher. Continue reading →

The War On Gays: “Fair and Equitable” in Corpus Christi

/ Jack Marshall / 16 Comments

Some day, one hopes not too far in the future, when U.S. culture has unequivocally abandoned the ancient fear of gay human beings, when understanding, fairness and respect has banished ignorance and hate, when same sex marriages are recognized as manifestations of loyalty, commitment and love rather than perversions of nature, and when no American feels the need to hide his or her sexuality, and thus feels no compulsion to trumpet it either, we will look back on such societal embarrassments as the Flour Bluff Intermediate School District as we do now on past purveyors of child labor, forced sterilization, involuntary human experimentation, mistreatment of women, and racism, and wonder, “What was the matter with those people? How did they get that way?”

Or, come to think of it, we could ask that question right now.

Seventeen-year-old Bianca “Nikki” Peet, a senior at Flour Bluffs High School in Corpus Christi, Texas, high school senior requested the she be permitted to launch a Gay-Straight Alliance in her school. The Equal Access Act, a federal law passed in 1984, requires schools receiving federal funding to offer “fair opportunities for students to form student-led  groups, regardless of their religious, political and philosophical leanings.” If the school district was going to allow any extracurricular groups, it had to allow Nikki’s.

So it shut down all extracurricular clubs at the school. Continue reading →

Ethics Dunce: Justice Clarence Thomas

/ Jack Marshall / 8 Comments

Will Supreme Court Justice Clarence Thomas be impeached because he failed to disclose his wife’s income, as required by Federal law, for at least five years? No.

Should he be? Probably not, though if it was proven that he intentionally used incorrect information, he could be found guilty of perjury. More likely is a civil penalty. In any event, his wife’s income isn’t a crucial piece of information in Thomas’s case, though his ideological enemies will argue otherwise. Such an omission is virtually never a cause for judicial discipline.

Is it a serious breach of his duties nonetheless? Yes. Continue reading →

Comment of the Day: “Facebook Wars: Parental Abdication, School Abuse of Power”

/ Jack Marshall / 9 Comments

The Comment of the Day is from Joshua, from the lively thread on the post “Facebook Wars: Parental Abdication, School Abuse of Power.” Continue reading →

Facebook Wars: Parental Abdication, School Abuse of Power

/ Jack Marshall / 57 Comments

Student Facebook pages were much in the news yesterday. One student was suspended from an Illinois school for posting a list of girls at his high school ranked by appearance and sexual proclivities, while another school, Uniondale High, contacted authorities in Nassau County who prevailed upon Facebook to take down a similar page posting provocative comments about high school girls in various area high schools. Uniondale says it has a “no tolerance” policy toward cyber-bullying.

When did schools suddenly acquire disciplinary control over what students do when they aren’t at school? Continue reading →

More on the Feel-Up Searches and Other TSA Indignities, For Those Who Haven’t Closed Their Minds, Abandoned Empathy, or Determined That The Government Always Knows Best

/ Jack Marshall / 6 Comments

For the A.C.L.U.’s collection of nightmare travel stories, go here.

For Reason’s collection of editorials chastising critics of the search procedures, go here and here.

To read a new blog that will be tracking this issue and other TSA matters, go to the new TSA Abuse Blog, here. I’ll also put it with the Ethics Alarms links, under “Of Interest.”

Kudos to Popehat for the links….and for doing a superb job keeping the pressure on.

The Internet Censorship Bill and Escalating Abuse of Government Power: Why Do We Continue to Trust These People?

/ Jack Marshall / 4 Comments

Yesterday, the Senate Judiciary Committee unanimously approved a bill giving the U.S. Attorney General the power to shut down any website with a court order, if  he determines that copyright infringement is  “central to the activity” of the site.  It doesn’t matter if the website has actually committed a crime, and there is no trial, which means that the law is a slam dunk violation of the U.S. Constitution.  The Combating Online Infringement and Counterfeits Act (COICA) is a little goody bought by the lobbyists and PACs of Hollywood, the recording industry and the big media companies, to block the rampant internet file sharing that has cost them a lot of money in lost sales and profits over the past decade.

I am adamantly opposed to filesharing and the ethically dishonest arguments used to defend it, most of which begin with “Everybody does it.” I sympathize with the artists whose work is being stolen, and the companies who have complained to Congress. But all the strong condemnation of filesharing by lawmakers and corporate executives doesn’t change a central fact: the Constitution says you can’t do what COICA allows. It says this in at least two places: the First Amendment, which prohibits government interference with free speech, and the Fifth Amendment, which decrees that property can not be taken from citizens without Due Process of Law. A law that lets a government official just turn off a website without a hearing or showing of proof? Outrageous. and unconstitutional. Continue reading →

Despite Evidence, Obama’s D.O.J., Democrats and News Media Stonewall Black Panther Case

/ Jack Marshall / 3 Comments

The bizarre conduct of the Obama-Holder Department of Justice in refusing to to fully prosecute a 2008 instance of blatant voter intimidation at the polls by members of the New Black Panthers in Philadelphia has been denied by D.O.J. (despite a video that proves the Voting Rights Act violation ), ignored or buried by most major news sources (despite Washington Post ombudsman Andrew Alexander chiding his own paper for failing the public with inadequate coverage of the story) and attacked as manufactured by Republicans by partisan Obama defenders  (despite the fact that, well, it just isn’t.) It is both disturbing and depressing that this conduct persists, long after the event itself, months after one Justice Department Civil Rights attorney quit to expose the episode publicly, and while the non-partisan U.S. Commission Civil Rights holds hearings on the case.

At issue is racial bias in Attorney General Erik Holder’s Civil Rights Division, which the Obama Administration must not permit, tolerate or excuse, but appears to be anyway. Continue reading →