Arizona illegal immigrant statute

Unethical Pundit of the Week: The Daily Beast’s Dana Goldstein

/ Jack Marshall / 4 Comments

I try not to consider political punditry unethical, except when the opinion rendered is unusually dishonest, misleading, uncivil, or unfair. Unfortunately, the current ideological blood sport fostered and nurtured by such outlets as Fox New, MSNBC, the Daily Kos and Breitbart, and carried on by such commentators as Ann Coulter and Frank Rich, make it increasing difficult to follow my own guideline. Occasionally there pieces so outrageously unfair that they make me angry, and those are ethically perilous: emotion is not conducive to balanced analysis. Usually I pass. The recent screed of Dana Goldstein on The Daily Beast, however, has to be condemned.

I just hope I can get through the process of explaining what without becoming furious.

It is entitled “Is Jan Brewer Anti-Immigrant Because She Didn’t Go to College?,” earning an ethics red flag right off the bat for intentionally equating Arizona’s anti-illegal immigration law with being “anti-immigrant,” which it is not.  Continue reading →

The Arizona Statute Injunction Ethics Verdict: Judge—Right; Arizona—Right; Federal Government—Unethical

/ Jack Marshall / 8 Comments

I was waiting at a long line in a local CVS, with no clerk in sight. It was late at night; a couple of my fellow customers actually shouted for assistance. We had been there with no service for more than ten minutes, and not a single employee was in evidence. Finally, I stepped out of line—past a police officer, who was also waiting, grabbed the microphone on the counter, turned it on, and announced in stentorian tones: “There is a long line at the check-out counter! Will a CVS employee please report to the front of the store? Thank you!”

The line of people applauded. The police officer smiled and gave me a thumbs up. The clerk, full of apologies, arrived and began taking our money.

Did I have a legal right to use the microphone? No, I did not. But I still did the right thing, and I would do it again.

This is, I believe, the proper way to think about the federal judge’s decision today to block the key provisions in the Arizona anti-illegal immigration law until further examination by the courts. Continue reading →

Bully Pulpit Ethics: Obama’s Alarming Flat Learning Curve

/ Jack Marshall / 7 Comments

This can no longer be called a rookie mistake, like the Prof. Gates arrest affair. President Obama has now had plenty of time to absorb the fact that the President does not have a blank check to insert himself into every local controversy and use his office to sway public opinion and the conduct of others regarding matters outside his responsibilities. Still, he continues to do it.

It may seem trivial at first: the President gave an interview on TNT in which he pointedly suggested that NBA superstar LeBron James consider the Chicago Bulls as he faces free agency.  Continue reading →

The Arizona Boycotts: Unethical and Unjustified

/ Jack Marshall / 6 Comments

Seattle, San Francisco, Los Angeles, Washington D.C., Boulder, Boston, St. Paul, Austin, El Paso, Oakland and San Diego have all announced a boycott of Arizona, which stands condemned, in their view, of “violating basic American principles,” “Draconian law enforcement,” “promoting racism,” and “un-American measures.” All this, for announcing that the state is going to enforce a law long on the books that the Federal government stubbornly fails to enforce itself.

Almost all boycotts are unethical, and this one doesn’t come close to being fair or reasonable. Boycotts use economic power to bend others to the will of large groups that disagree with conduct or policy, bypassing such niceties as debate, argument, and rational persuasion. They can be effective, but they always depend on causing harm to third-parties, bystanders and others not directly involved in the decision that prompted the boycott, thus creating pressure on decision-makers to change direction based on considerations that have nothing whatsoever to do with the underlying controversy. It is a bullying tactic, and the only way it can pass ethical muster is if the reasons for it are clear, strong, virtuous, undeniable, and based on irrefutable logic that the boycott target is so wrong, and doing such harm, that this extreme measure is a utilitarian necessity. Continue reading →

Searching for Ethical Explanations For Inexplicable Media Conduct

/ Jack Marshall / 6 Comments

I want to be fair to the news media; I really do. They work hard, and it must be maddening to hear themselves being described as biased, state-controlled Obama toadies when they feel they are making a good faith effort to cover all the important news with objectivity. So when there is an incident that seems to scream liberal media bias, like the almost complete failure to report or criticize Attorney General Eric Holder’s stunning admission that he had still not read the Arizona illegal immigration statute despite already going on record as believing it could lead to racial profiling, I believe that it only fair to search hard for legitimate, ethical reasons for their surprising handling of the story. Continue reading →

Unethical Quote of the Week: Attorney General Eric Holder

/ Jack Marshall / 2 Comments

“I’ve just expressed concerns on the basis of what I’ve heard about the law. But I’m not in a position to say at this point, not having read the law, not having had the chance to interact with people are doing the review, exactly what my position is.”

—–U.S. Attorney General Eric Holder, testifying before the House Judiciary Committee regarding Arizona’s controversial illegal immigration enforcement statute.

The President’s top lawyer cannot just express off-the-cuff opinions based on hearsay and second-hand reports as if he was sitting at a bar, shooting the breeze and munching on beer nuts. When the head of the Justice Department, not to mention one who is an African-American and presumably speaks with some moral authority on the issue of racial discrimination and civil rights, says on national T.V. (“Meet the Press”) that the law “has the possibility of leading to racial profiling,” that opinion will be presumed by all hearing it to be based on something more than Katie Couric’s bias and The New York Times’ slants.  Continue reading →

“The Ethicist” and Helping Illegal Immigrants

/ Jack Marshall / 2 Comments

Randy Cohen’s first response in this week’s installment of “The Ethicist” (in the Sunday New York Times Magazine) isn’t exactly unethical, but it isn’t exactly ethical, either, if little things like obeying laws still matter to you. The real value of Cohen’s column this time is to remind those who blithely condemn Arizona’s illegal immigration enforcement statute as “cruel,” “racist” or “un-American” the extent to which the Federal Government’s failure to control our boarders and enforce the immigration laws has corrupted and confused us all.

Stuart Gold, from Brooklyn (and I respect Stuart for making his name public) queries Randy about how he should deal with knowledge that a local supermarket is exploiting some illegal immigrants working there by not meeting the legal requirements for minimum wages and working conditions. Stuart is friendly with the workers and wants to help them, but he doesn’t want to get them fired or deported. Cohen tells him to advise them of their rights if they don’t know them, but to leave any proactive steps to them.

This is reasonable advice, but look at what we have: Continue reading →

Misrepresentation, Manipulation and Lies About Arizona, E-Mails and More, Brought to Us By Those We Trust

/ Jack Marshall / 3 Comments

Within a span of about three minutes two days ago, I heard Tony Kornheiser on his sports radio show and Joy Behar on her whatever-the-heck-it-is cable show describe the new illegal immigration statute in Arizona in almost exactly the same words: “So the police can go up to anybody for any reason at all, ask them to prove their citizenship, and arrest them if they can’t.” Now, the law specifies “reasonable suspicion,” so whatever the Arizona law permits, Tony and Joy’s version is clearly not it. Nonetheless, this is what a large proportion of the public believes, because this is what they are being told by reporters, bloggers and elected officials…and, disgracefully, the President of the United States, who once pledged to use his gifts and power to unite rather than divide us. Speaking about the Arizona law, Obama said.. Continue reading →

The Unethical Ethics Attacks on Arizona

/ Jack Marshall / 15 Comments

The anger, ridicule and threats being heaped on Arizona for its illegal immigration enforcement law defies fairness and rationality, and has been characterized so far by tactics designed to avoid productive debate rather than foster it. Now, with the help and encouragement of professional bullies like Al Sharpton and Jesse Jackson, Arizona is facing an economic boycott, which, like all boycotts, carries the message “we’re going to force you to do what we want, whether we’re right or not.” Meanwhile, all of the over-heated rhetoric diverts the focus to side issues rather than the major problem that prompted the Arizona law in the first place: out of control illegal immigration, and its very obvious—and very serious—negative consequences to the entire nation.

Whether they know it or not, opponents of Arizona’s law are using a common ethics misconception to its advantage. Illegal immigration enforcement is an ethical conflict, which occurs when two or more ethical principles dictate different results, and thus have to be weighed against each other. The attacks on Arizona, however, have framed the argument as an ethics dilemma, defined as a problem in which the ethical course is clear, but powerful non-ethical considerations make rejecting it seem attractive. This allows the opponents of Arizona’s law to inaccurately place themselves in the moral high ground, sniping at Arizona as it supposedly wallows in a pit of greed, meanness, nativism and bigotry….non-ethical considerations all. Much of the media, to their discredit (but the media has so much discredit now that they don’t seem to care any more), is accepting this spin.

The spin, however, is nonsense. Continue reading →

Arizona, Illegal Immigration, and Ethics

/ Jack Marshall / 21 Comments

The State of Arizona has passed a controversial law to address the serious social, economic and law-enforcement problems caused by the bi-partisan abdication of the core government responsibility to protect our borders and enforce a fair and rational immigration policy. President Obama calls the law “misguided,” which suggests, in the absence of any current efforts by his administration to deal with the illegal immigration crisis, that he believes that doing nothing at all is “well-guided.” It isn’t. It is irresponsible and unethical.

The governance ethics principle involved here is clear, and it is one that the Obama Administration has been willing to embrace when it considers the objective important enough. For example,  national health care insurance reform will not work unless everyone who can afford to do so buys health insurance. This raises serious issues of Constitutionality and, as two seconds of listening to conservative talk radio will let you know, slippery slope problems. Never before has the State presumed to order individuals what to buy. (You don’t have to buy auto insurance if you’re willing to eschew driving.) It doesn’t take much imagination to think of ways this intrusion into personal liberty could be abused, but the alternative is not to fix the problem, Obama reasons, and that is even more unacceptable, at least if you care about the problem. In leadership and government, fixing the problem is the prime directive, and yes, this means Utilitarianism in its strongest and most potentially dangerous sense. You have to make the system work, and often, more often than we like to admit, that means ethical trade-offs. The government ethics principle is “Fix the problem with a good faith solution, and do everything possible to minimize the bad side effects as they appear.” Continue reading →