civility

Of Course Sandra Bland Shared Responsibility For What Happened To Her, And Other Observations On The Bland Tragedy

/ Jack Marshall / 56 Comments

Let us stipulate that trooper Brian Encina behaved unprofessionally and atrociously by any standard in his handling of the vehicle stop of Sandra Bland in Prairie View, Texas, on July 10, setting into motion a series of events that led to Bland’s death by apparent suicide in a jail cell three days later. The police work shown by the dashcam video is unforgivable, and could be used in officer trainings on how not to handle a traffic stop.

That does not make him responsible for Bland’s death, however. He was not responsible for an incompetent bail system that had this woman in jail for three days, apparently because it was a weekend, and if she did take her own life (agreed: since her family has no reason to trust authorities at this point, nothing is likely to convince them of that no matter what the evidence, and also agreed, the suicide verdict looks mighty shaky at this point), that is, by law and logic, an intervening cause that exonerate the officer in Bland’s death. Activists will make the obvious Freddie Gray comparisons, but in this case there is no reason to believe that the officer, no matter how wrongful his conduct, either intended or contributed to her death. At worst, Encina is guilty of bad policing and using excessive force. This is not the Freddie Gray case, unless there was a dark conspiracy of frightening proportions.

Once again, however, a black citizen is dead after a confrontation with a white cop. For many pundits, civil rights advocates and black racists as well as irresponsible elected officials, that’s evidence enough that this was a racial incident. It isn’t evidence enough, however. The racial identities of the participants do not mean race was a factor, and absent some other facts that we have not learned about yet, any effort to suggest otherwise is nothing but the Zimmerman con, assuming racism unjustly to advance a political agenda. Let’s see if the Justice Department launches a civil rights investigation this time….again, assuming nothing more suspicious turns up.  That would be the smoking gun evidence of this DOJ’s bias. I wouldn’t bet against it happening. Continue reading →

A Jumbo For Sulu

/ Jack Marshall / 36 Comments

SuluGeorge Takei, the Japanese-America actor permanently enshrined in pop culture history for his role of Sulu in the original “Star Trek” TV series. He has essentially lived off that one felicitous part for forty years, recently acquiring less moldy,  non-sci-fi following by being a gay rights advocate.

Takei recently skimmed, or just didn’t comprehend, Clarence Thomas’s  audacious dissent to the Supreme Court’s Obergefell ruling and Justice Kennedy’s majority opinion declaring same-sex marriage to be a fundamental right protected by the Constitution. Apparently he also does not comprehend that Supreme Court dissents are both stimulating and useful to legal scholars as well as those, unlike Mr. Sulu, possessing an open and curious mind.

Thomas made the unusual but provocative argument that human dignity is innate:

Human dignity has long been understood in this country to be innate. When the Framers proclaimed in the Declaration of Independence that “all men are created equal” and “endowed by their Creator with certain unalienable Rights,” they referred to a vision of mankind in which all humans are created in the image of God and therefore of inherent worth. That vision is the foundation upon which
this Nation was built.

The corollary of that principle is that human dignity cannot be taken away by the government. Slaves did not lose their dignity (any more than they lost their humanity) because the government allowed them to be enslaved. Those held in internment camps did not lose their dignity because the government confined them. And those denied governmental benefits certainly do not lose their dignity because the government denies them those benefits. The government cannot bestow dignity, and it cannot take it away.

Thomas was expressing  his disagreement with the majority that the government withholding the right to marry from gays robbed them of human dignity. I think it is a rather pedantic argument that has more validity in the abstract than in reality, but the position that rights come from creation rather than the government is a core concept in the Declaration of Independence, and one that statists, as in “modern Democrats,” like to ignore. If individuals are born with rights, they cannot be truly taken away. If citizens must look to the government to have their rights granted to them, then government is granted too much power in exchange. Thomas’s philosophical argument is classic conservatism. Naturally, that means, in Takei’s intolerant and partyist world view, that he deserves abuse. Continue reading →

Unethical Quote of the Month: Justice Antonin Scalia

/ Jack Marshall / 41 Comments

Scalia

“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

——U.S. Supreme Court Justice Scalia, excoriating his colleague, Justice Kennedy, who was the fifth vote in the majority of SCOTUS’s ruling today,  authored by Kennedy,  that same-sex marriage was a Constitutional right  no state could deny. Scalia filed an angry and intemperate dissent, low-lighted by this comment in a footnote.

Wrote Prof. Stephen Gillers, legal ethicist:

“How after this can Kennedy work with him?  Scalia has himself “descended” from the manner of argument found  in  opinions of John Marshall and Joseph Story to the invective and mockery of the Internet. Lawyers have been chastised for less derisive comments in briefs. Yet here we have it from our Supreme Court.  Scalia sets a bad example that will harm civility in lower courts and at the bar.”

Exactly.

The rest of Scalia’s dissent is hardly more restrained, either.

You can read the opinion and dissents in Obergefell v. Hodges here.

UPDATE: Here’s a screenshot of another selection, courtesy of Slate:

screenshot_99.jpg.CROP.promovar-mediumlargescreenshot_100.jpg.CROP.promovar-mediumlargescreenshot_101.jpg.CROP.promovar-mediumlargescreenshot_102.jpg.CROP.promovar-mediumlarge

Arguing with the majority’s wisdom and legal analysis is one thing, mocking a Justice’s writing style is quite another—unprofessional, uncollegial and below-the belt. Yes, Nino is a much better writer than Kennedy, but belittling his efforts shows neither proper judicial temperament nor appropriate respect for the Court itself. Some commenters excuse this because they disagree with the ruling: Irrelevant. Check your rationalizations, especially #2. The “They’re Just as Bad” Excuse, or “They had it coming.”

Introducing The Ethics Stooges: Bristol, Geraldo, And Dan

/ Jack Marshall / 11 Comments

three-stooges

They are the perfect  2015 replacements for Larry, Moe and Curly. So diverse! Bristol Palin, a conservative woman; Geraldo Rivera,a Hispanic liberal who works for a conservative news network, and Dan Savage, a progressive gay scold!

Too bad they aren’t funny.

In fact, they are pathetic, and, of course, ethically inert. They also make “Porcupine” and the Howard Boys look classy by comparison, and they showered in their clothes.

First, yecch, Bristol Palin. She is the epitome of a worthless celebrity. Arguably, she is worse that a Kardashian. Her claim to fame is embarrassing her mother by turning up pregnant and unmarried in the middle of the 2008 Presidential campaign. That’s it. That got her a slot on “Dancing With The Stars” and a reality show where she became the poster girl for unmarried motherhood as a clever career move. Then, mind-blowingly, she became a paid advocate for teenage abstinence before marriage, that is, unlike her. In 2011, Palin was paid more than a typical Hillary Clinton college speaking fee—over a quarter million dollars—to be the abstinence spokesperson for the Candies Foundation.

Naturally, she got pregnant sans wedding ring again.

Soon after her engagement to former Marine and Medal of Honor awardee Dakota Meyer ended, Palin announced on her blog this week that she was once more with child, but without husband. “I wanted you guys to be the first to know that I am pregnant. Honestly, I’ve been trying my hardest to keep my chin up on this one,” wrote Palin. “I know this has been, and will be, a huge disappointment to my family, to my close friends, and to many of you,” she wrote. “But please respect Tripp’s and my privacy during this time. I do not want any lectures and I do not want any sympathy.”

Nyuck, nyuck, nyuck!

No sympathy? Deal. But here’s the lecture: you owe the Candies Foundation—which, frankly, deserves this embarrassment for hiring a feckless reality star as a role model for impressionable teens–every cent you accepted as part of your con. But then your life is a con. You have no talent, no integrity, and no excuse for your conduct. Get an education, grow up, and go away. You degrade the culture and America’s values by your very existence. Continue reading →

Here’s The Thing, Booking.Com: If You Think Your Customers Appreciate Gratuitous Smuttiness, I Don’t Want To Be One Of Them

/ Jack Marshall / 11 Comments

Booking_com_Logo The manners of society appear to be heading south at an accelerating rate, with our up and coming generations being increasingly sent the message from the culture, celebrities and even elected officials, that manners and civility in public conduct and speech is for snobs, nerds, dorks, and goons. It’s cool to be vulgar! I admit, I’m in at least two of those three categories, so I really don’t get it. Ethics dictates that one communicates with respect for anyone within hearing distance, and unless ugly words serve a material purpose, using them is not the mark of a good citizen, a good neighbor, or a trustworthy human being. Nor is spouting vulgarity witty, and unless you are 11, and employing obvious code words that sound like curses, epithets and obscenities isn’t especially funny either, since we pretty much exhausted the possibilities at summer camp. I have no idea why anyone would want to recast the culture as a place where professionals curse like sailors and the words “fuck” and “cocksucker” are as likely to issue from a debutante’s lips as those of a hip hop artist, but that seems to be the objective now. President Obama, the Fish Head, signaled his approval by repeatedly using the word “bucket” in a televised event when he obviously meant “fuck it.” First President ever to use fuck on TV! Yes, Obama continues to burnish his legacy. Small wonder that CNN’s John Berman thought his audience wanted to see him snigger over a colleague’s “big stones,” a testicle joke that always has them LOL-ing in the 7th grade. Making sure that there is nowhere for the civil and well-mannered to hide, all the other TV stations happily accept money from advertisers using code words for “ass” (Verizon), alluding to sexual intercourse (Reese’s), and evoking the word “shit” (K-Mart and DraftKings). Continue reading →

When “Oh, Grow Up!”, “That’s Ridiculous” and “You Need Help” Are Appropriate Responses

/ Jack Marshall / 23 Comments
Oops...I forgot the trigger warning...

Oops…I forgot the trigger warning…

Columbia University’s descent into madness continues.

Columbia University’s student newspaper recently featured four members of the school’s student Multicultural Affairs Advisory Board demanding that professors consider their students’ delicate sensibilites when teaching intense, violent or otherwise provocative material. This will give you a flavor of what the students advocate:

“Ovid’s “Metamorphoses” is a fixture of Lit Hum, but like so many texts in the Western canon, it contains triggering and offensive material that marginalizes student identities in the classroom. These texts, wrought with histories and narratives of exclusion and oppression, can be difficult to read and discuss as a survivor, a person of color, or a student from a low-income background…Students need to feel safe in the classroom, and that requires a learning environment that recognizes the multiplicity of their identities. The MAAB has been meeting with administration and faculty in the Center for the Core Curriculum to determine how to create such a space. The Board has recommended three measures: First, we proposed that the center issue a letter to faculty about potential trigger warnings and suggestions for how to support triggered students. Next, we noted that there should be a mechanism for students to communicate their concerns to professors anonymously, as well as a mediation mechanism for students who have identity-based disagreements with professors. Finally, the center should create a training program for all professors, including faculty and graduate instructors, which will enable them to constructively facilitate conversations that embrace all identities, share best practices, and think critically about how the Core Curriculum is framed for their students.”

I take a lot of criticism on the blog for not expressing false respect when someone espouses a position that is cultural cyanide, or, in some cases, just plain stupid. This argument by the Columbia students would qualify. Some affirmatively bad ideas should not be pampered, mollycoddled or treated as if they deserve sustained attention and debate. It just encourages them. Long ago I feared that the multi-culturalism and diversity movements would run amuck, and indeed they have. Being literate,respectful and tolerant, as well as open-minded, toward other cultures is healthy and essentially American. Nevertheless, nations, societies and communities require a consistent culture, as well as the cultural values that a dominant culture contains. Ethics, among other critical features of a healthy society, is impossible without this, and chaos is inevitable. Continue reading →

Ethics Dunce: CNN Morning Anchor John Berman

/ Jack Marshall / 5 Comments
When to you break out the dick jokes, John?

When to you break out the dick jokes, John?

There is apparently no way to stop the trend of supposed professionals polluting our discourse, and the airwaves by inflicting gratuitous vulgarity on us, apparently in the mistaken belief that doing so is clever and cute. It isn’t. It’s unprofessional, juvenile and embarrassing.

CNN anchor John Berman is the latest to join the smut brigade. Announcing a promotion for CNN’s evening entertainment show, “Somebody’s Gotta Do It” starring Mike Rowe, in which Rowe will be doing something—I really don’t care—involving boulders—Berman smirkingly began, “Mike Rowe shows us big stones!” Nice. And stupid. Kate Bolduan, sitting next to him, seemed visibly annoyed, and when he repeated the “joke” after the break, said, curtly, “Please stop.” Continue reading →

The End Of Manners: The President of The United States Declares That It’s Cute To Say “Fuck It” In Code

/ Jack Marshall / 16 Comments
But he didn't exactly say it, see, so it's Presidential. Me, I prefer...“So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself – nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance. In every dark hour of our national life a leadership of frankness and vigor has met with that understanding and support of the people themselves which is essential to victory. ” – Franklin D. Roosevelt. Or..."Associate yourself with men of good quality if you esteem your own reputation; for 'tis better to be alone than in bad company." – George Washington. Or..."Always bear in mind that your own resolution to succeed is more important than any other one thing." ---Abraham Lincoln. But I'm not cool, I guess...

But he didn’t exactly say it, see, so it’s Presidential.
Me, I prefer…“So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself – nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance. In every dark hour of our national life a leadership of frankness and vigor has met with that understanding and support of the people themselves which is essential to victory. ” – Franklin D. Roosevelt.
Or…”Associate yourself with men of good quality if you esteem your own reputation; for ’tis better to be alone than in bad company.”
– George Washington.
Or…”Always bear in mind that your own resolution to succeed is more important than any other one thing.”
–Abraham Lincoln.
But I’m not cool, I guess…

Well, I guess there’s not much point in me trying to blow the ethics whistle on lazy ad-writers substituting vulgarity for wit in prime time TV commercials if our nation’s leader and cultural role model is going to do the same thing. The lack of common sense and responsibility, not to mention sensitivity to his obligations as Chief Executive to raise societal standards rather than debase them, has been stunning from the beginning of Obama’s Presidency, but its depth and persistence continues to amaze, depress and disgust.

Saying he maintains “something that rhymes with ‘bucket list’,” a borderline tasteless and undignified joke, Obama went further. “Executive action on immigration? Bucket,” Obama said to laughs. “New climate regulations? Bucket. It’s the right thing to do.

“The right thing to do” would be not to debase the Presidency by sniggering vulgarity in public (this was broadcast live), and to empower teens to say “Buck off!” to their parents and teachers while citing the President of the United States as authority for why it’s harmless, since he used the same code to say “fuck” in front of a black tie Washington audience.

Sure, why not? Buck dignity, buck honor, buck civility, buck the Presidency, buck Lincoln, Washington,  and the rest. That’s Barack Obama, our President of the United States! Hail to the Chief.

I think you know how I’d love to end this post. But despite everything, I still have respect for his office.

Even if he does not.

Oh Fine, Now Candy TV Commercials Are Getting Smutty

/ Jack Marshall / 26 Comments

Reeses

At 8:46 AM, a Reese’s Peanut Butter Cups commercial popped on TV. “Women want like to make it last,” bold type told us. “Men are done in seconds.”

“Typical.”

Who decided that gratuitous sexual innuendo is inherently hilarious and appropriate in every context, at every moment? Well, no one yet. Again, it is the boors in ad agencies and clods in corporate boardrooms who are pushing us down this uncivil, impolite, needlessly sleazy path.  We can remind them that there are limits dictated by taste and decorum, or we can just shrug it off, part of the irreversible ratchet process called “defining deviancy down.”

Of course, we can’t expect advertisers to display respect to their audiences if their audiences prove they deserve none.

How long do you think it will be before we see a Reese’s ad featuring a kinky couple mid-sexual romp, and the naked male points to his erect penis, crying, “Hey! You got peanut butter on my chocolate sauce!” Then his partner, after, ah, checking it out, cries, “Mmmmm! But it tastes great!”

At this rate, not long at all.

Ethics Dunce: Major League Baseball

/ Jack Marshall / 25 Comments

RalphieI just learned, via TV ad, that the fantasy sports company DraftKings is endorsed by Major League Baseball.

MLB needs to rethink that. The commercial I watched just concluded with the promise that if you play fantasy baseball using DraftKings, “You could win a ship-load of money!”

Stay classy, MLB. Why in the world would any sport that is trying (not so successfully, I may add) to attract more kids as fans and encourage families to go to the ballpark ally itself with a company that advertises itself during major league baseball games with dumb, gratuitous potty-mouth crudeness like that? It’s not clever. It’s not witty. Anyone who thinks that it’s funny is 12, Adam Sandler, or a moron. It’s rude, that’s all.

Professional and trustworthy operations, including sports, choose partners that are professional too. This advertising equivalent of fart jokes reflects horribly on the sport, and the people who run it.

And, I may add, the advertising industry. The wit who thinks “a ship-load of money” is a real come-on is probably the same slob who gave us Verizon’s “half-fast” internet ads.  At least that one was original: this Noel Coward-worthy play on words is the same low-life effort that K-Mart embarrassed itself with in its“ship my pants” ads in 2013.

We all have to swim in this water we call a culture, and this is the equivalent of pissing in the pool. We should be able to expect better from baseball.