culture

KABOOM! The Michael Brown Memorial

/ Jack Marshall / 52 Comments

Brown memorial

Normally, as is the usual Ethics Alarms tradition when a story causes my head to explode, I would begin with a graphic representing the moment when reading a news item about unethical conduct so shorted-out my cranial wiring that my skull did an imitation of Dante’s Peak. The cause of the eruption, in this case, is even more disgusting than some of those bloody pictures, so I’m posting a photo of that instead. Now, assuming you have an ethics compass that doesn’t spin wildly due to a manufacturing defect, your head has exploded too.

KABOOM!

I have to hand it to the good people of Ferguson, Missouri. They have officially disproved the chestnut, “You have a right to your opinion, but you don’t have a right to your own set of facts.” The late Michael Brown—I’m sure you’ve heard of him—is being honored with his own memorial in the town, like military heroes, local martyrs, long-time community leaders, and distinguished men and women born in communities and who honored them by their accomplishments. Apparently the city is under the misconception that Michael Brown fits one of these categories, despite conclusive evidence to the contrary certified by the U.S. Justice Department, which was desperate to prove that the Gentle Giant was a pure as the driven snow. Thus Ferguson is anointing Brown with icon status, poisoning the values and the culture of the city from the moment the memorial is dedicated.

How sad, how wrong, and how stupid. Continue reading →

Ethics Quiz: The Worst Grandmother of the Year

/ Jack Marshall / 63 Comments

hammer71-year-old Josephine Bell told police officers responding to a call at her home that she had warned her grandchildren that if they did not clean their rooms, she would take their pets away.  They didn’t, she said, so she killed the children’s cat and four kittens with a hammer. The oldest child found the dead cat in the freezer, and called the police.

Granny was charged with a felony count of aggravated cruelty to animals, and is in custody at Madison County Jail on $15,000 bond.

Your Ethics Alarms Ethics Quiz is…

What should be society’s response to conduct like this, and what should happen to Bell?

Continue reading →

Comment of the Day: “What’s Going On Here?” Ten Ethics Observations On The Miami Beach Police Force Racist E-mails”

/ Jack Marshall / 6 Comments

praise

Nothing makes me consider  shouting praise to the skies like the situation I just experienced. I find myself in a hotel, away from home, waking up feeling sick, having to prepare for a two hour ethics lecture to young lawyers and knowing that writing a new Ethics Alarms post will either make me frantic or result in a product even more riddled with typos than usual. And there it is! A worthy Comment of the Day, allowing me to present high quality ethics content that I don’t have to write myself, giving me time to work, get back home and think. (Unless I die first, because boy, do I feel lousy.)

The perfectly-timed COTD in question is by the commenter formerly known as  Penn, and involves a topic that I am speaking about this morning, e-mail. I don’t even mind that he doesn’t agree with the statements that sparked his comment: that police should be required under threat of dismissal to report racist -mails from colleagues, and that workplace e-mails have to be monitored by responsible supervisors. Here is SamePenn’s Comment of the Day on the post, “What’s Going On Here? Ten Ethics Observations On The Miami Beach Police Force Racist E-mails.”

And thank you, thank you, thank you! Continue reading →

“What’s Going On Here?” Ten Ethics Observations On The Miami Beach Police Force Racist E-mails

/ Jack Marshall / 8 Comments
Police games...

Police games…

Fred, my tireless and apparently sleepless issue scout, alerted me to this ugly story out of Florida:

MIAMI (AP) — A handful of Miami Beach police officers sent hundreds of racially offensive and pornographic emails and possibly jeopardized dozens of criminal cases in which they are witnesses, the department’s chief said Thursday. An internal investigation revealed that two of the 16 officers were high-ranking within the Miami Beach Police Department and were the main instigators, Chief Daniel Oates told reporters. One has retired, and the other was fired Thursday.Oates said the probe revealed about 230 emails demeaning to African-Americans and women or pornographic in nature. Many were depictions of crude racial jokes involving President Barack Obama or black celebrities such as golfer Tiger Woods. One shows a woman with a black eye and the caption, “Domestic violence. Because sometimes, you have to tell her more than once.”

One of the racially offensive emails depicted a board game called “Black Monopoly” in which every square says “go to jail.” Miami-Dade State Attorney Katherine Fernandez Rundle said about 540 cases in which the officers were witnesses are being reviewed to determine if they are tainted racially. Some charges could be dropped as a result or prisoners freed from jail

Fred comments, beginning with the favorite Ethics Alarms first step to ethics analysis:”What’s going on here? A widespread failure of leadership and personnel screening.”

That, for sure. Unfortunately, there is even more:

1. Number 2, after leadership, is training. It is mind-blowing that any police officers in the United States of America would not be aware of the degree to which such conduct jeopardizes community relations, trust and the effectiveness of the department, but I read about equally idiotic e-mail behavior from judges, lawyers, elected officials and business executives weekly. The message that this kind of thing is as destructive to the department and everyone in it, and won’t be tolerated even once, must be sent regularly, formally, and emphatically. Obviously, it wasn’t.

2. Do such e-mails prove that the Miami Beach police, or even the police officers involved, perform their jobs in a racist manner? The answers are 1) no, and 2) it doesn’t matter.

Once anything like this becomes public, trust is impossible for two reasons. First, it is more likely than not that someone who thinks e-mails like these are amusing does not sufficiently respect women and minorities, and second, it is beyond argument that their judgment is horrific. People who think it’s amusing to denigrate any group are not certain to be racist in their interactions with such groups, but given a choice, those groups would rather take their chances with someone else, and so would I. Meanwhile, people whose judgement is this horrific shouldn’t carry guns. Continue reading →

Comment of the Day: “Now THAT Was A Rape Culture…”

/ Jack Marshall / 2 Comments

Blogger and esteemed commenter here Rick Jones shares my passion for theater and is also, like me, a stage director, but seldom has a chance to weigh in on that topic. My post about the troubling lyrics in “Standing on the Corner,” the best known song in Frank Loesser’s “The Most Happy Fella” gave Rick a chance to swing at a pitch in his wheelhouse, as the baseball broadcasters like to say, and he didn’t disappoint.

I want to clarify something from the original post. Having noted the lyrics, I was no way  criticizing them or the song, or the musical itself. Older shows are valuable and fascinating in part because they serve as windows on past cultural values and attitudes—that was one of the reasons for the ambitious, important and doomed mission of the theater I have been artistic director of for the last two decades. Such politically incorrect references should never be excised in performance.

“The Most Happy Fella” is a slog, however. Ambitious, sure, but too long, too sentimental, and with too many unavoidable “wince points,” as I call them, to make the show worth the huge investment in talent, money and time that it takes to produce competently. Any time the best songs in a musical are the ones that have nothing to do with the plot (“Standing on the Corner,” “Big D,” and “Abondanza!”, which in in the clip above) it’s ominous. The 1925 Pulitzer Prize-winning hit play this pseudo-opera was based on, “They Knew What They Wanted” by Sydney Howard, is much better.

Here is Rick’s Comment of the Day on the post, “Now That Was A Rape Culture…”: Continue reading →

Now THAT Was A Rape Culture…

/ Jack Marshall / 65 Comments

I just happened to be surfing past the  Broadway Channel on Sirius XM, and found myself startled at the tone of the lyrics of that Hit Parade smash from the 1956 musical, “The Most Happy Fella,” by the great composer/lyricist Frank Loesser, “Standing on the Corner (Watching All The Girls Go By)”—especially at the end:

Saturday, and I’m so broke
Haven’t got a girl, and that’s no joke
Still I’m living like a millionaire
When I take me down to Main Street and I review the harem parading for me there..

Standing on the corner watching all the girls go by
Standing on the corner underneath the springtime sky!

Brother, you can’t go to jail for what you’re thinking
Or for the “Woo!” look in your eye
You’re only standing on the corner watching all the girls
Watching all the girls, watching all the girls
Go by!

Nobody saw anything wrong with these sentiments in 1956. It was fun, it was cute, it was innocent! A bunch of guys hanging out, leering and ogling women as they walked on the sidewalk, with “woo”—that is, lust— in their eyes and illegal thoughts in their brains, and periodically wolf-whistling at “the harem.”

Sometimes we forget—sometimes women especially forget—that our culture’s ethics regarding sexual etiquette and respect does advance, and has, as much as self-serving activists would have us believe otherwise.

 

Maybe The Best Reason To Remember April 15…Number 42

/ Jack Marshall / 20 Comments

jackie-robinson

A lot has happened on April 15.

Leonardo De Vinci was born…Abraham Lincoln died…Apollo 13 had the accident that almost destroyed it, but that triggered one of the great triumphs of the space program…Lee surrendered, ending the Civil War…The Beatles disbanded…I didn’t get my taxes in on time….

I would argue however, and will, that as culturally important as any of these events was that sixty-eight years ago, in 1947, Jackie Robinson became the first black man to play major league baseball in the modern era. This represented a cultural change that allowed the United States to take a giant step forward toward healing the self-inflicted and almost fatal wound of slavery, and it took a man of surpassing courage and character to do it. (Two men, really: the other was Dodgers GM Branch Rickey.)

Today all MLB players will wear Robinson’s number 42 to honor him. If you haven’t seen the movie “42,“ or if your children haven’t seen it, this is a good day to get a sense of what Jackie went through as he broke the color line.  You can check out Robinson’s baseball stats here,  and learn about the civil rights work he did after his playing career, in the too-short life that was left to him here. He’s in the Ethics Alarms Heroes Hall of Honor, of course, and his entry there has more about his life as well as some good links.

The main thing is, remember him.

Many years ago, I had a conversation with a close friend—smart, accomplished, engaged, educated, about 26 years old at the time. She had no idea who Jackie Robinson was. Nobody, then, now or ever, should reach adulthood in the United States without knowing and understanding what Robinson did, and our nation’s debt to him. There is an ethical  duty to remember, and to respect.

Thank you, Mr. Robinson.

Thank you.

 

Ethical Quote Of The Month: Sgt. Shane Ortega

/ Jack Marshall / 84 Comments

Trans Military Service Member

“You have to exercise patience with people, but people are not going to understand the subject overnight.”

—-Sgt. Shane Ortega, helicopter crew chief in the Army’s 25th Infantry Division, speaking to the Washington Post about his legal battle with the U.S. military, which continues to classify him as a woman despite his transition to a man.

The reason we say that “hard cases make bad law” is that the toughest cases fall between the cracks in rules and regulations, and they all have cracks. The law seeks consistent precedents, so anomalous fact patterns threaten the integrity and efficiency of otherwise effective laws and rules that work well in the vast majority of situations. Yet those hard cases usually indicate flaws in policies, rules and laws, and sometimes point to the need for change.

Often, an organization, especially a bureaucratic one like the military, will deal with such disruptive cases by simply looking past the actual facts, and treating them “by the book.” Ortega represents a particularly glaring instance of this phenomenon, which in his case not only harms his career, but also makes the military appear rigid to the point of absurdity.

Yet, as his Ethical Quote of the Month indicates, he understands. Change is painful, and it takes time. Continue reading →

Proof Of Evolving Ethics Enlightenment: Bert The Cop Would Have Shot Walter Scott In The Back Too

/ Jack Marshall / 12 Comments

For those who think that our ethical sensitivities don’t evolve for the better over time, I prescribe a careful viewing of that family classic, “It’s A Wonderful Life.”

At the film’s climax, George Bailey, the self-sacrificing hero who has been granted his inadvertent wish to see what the world would be like if he had never been born, finds the love of his life and (in the life he has given up for this dystopian hell) the mother of his children now unmarried, alone and working as a librarian despite the fact that she looks like Donna Reed. He embraces her, and since she’s never met him in this alternate reality, she screams, believing she is being sexually assaulted by a madman. Kind, jovial police officer Bert is summoned to quell the ruckus, and George, who is a bit upset, punches him in the face to avoid arrest, and runs away. Bert then takes out his pistol and fires it at George repeatedly.

He’s a lousy shot.

In 1946, when audiences first saw this film, nobody thought there was anything unusual about Bert’s professional conduct. Many, many films right through the 1960s show police officers, “good guys,” even ones not trapped in a strangely mean alternate reality like Ward Bond’s Bert, shooting at fleeing suspects or criminals. That was considered appropriate police procedure then, and the public, society and U.S. culture saw nothing amiss. You were expected, as a good citizen, to submit to a police officer’s lawful authority. If you resisted arrest and ran, then it was fair and reasonable for the officer to shoot you, ideally after a “Stop or I’ll shoot!” warning. Indeed, many people were shot, and killed, this way. If it was news, it wasn’t on the front page, and it wasn’t considered any kind of an outrage.

Now consider the public and media reaction to Michael T. Slager’s shooting of Walter Scott. We now know that Scott was resisting arrest: he had a bench warrant out on him for non-payment of over $18,000 in child support, and Slager was trying to bring him into custody. Instead of doing as the officer demanded, Scott resisted and ran. Burt would have shot at his back too; the difference is that Slager is a better shot, and George was faster. Slager, however, is completely reviled across the country; even his own lawyer found him so repugnant that he refused to represent him.

That represents a massive shift in cultural values in a little over half a century. Continue reading →

Missouri’s Unethical Food Stamps Bill

/ Jack Marshall / 56 Comments
Sometimes you just need a good lobster. I'm from Boston. Trust me on this.

Sometimes you just need a good lobster. I’m from Boston. Trust me on this.

Years ago, my wise and wonderful first year Contracts professor at Georgetown Law Center, the late Richard Alan Gordon, made a permanent impact on my conscience with a spontaneous rant. He was discussing a case involving a welfare recipient who had been sued by a Washington department store for failing to keep up with installment payments on a Hi-Fi system. The court voided the contract, saying that it was unconscionable for the store to intentionally create incentives for poor people to spend public assistance money on “non-essentials” like music systems. (I wish I remembered the name of the case, but then I only got a C+ in the course.)

As the students nodded their heads in agreement with the opinion, Professor Gordon cut them short and thundered (I am copying from faded old notes: Dick’s rants were always eloquent and memorable, and I began reconstructing them after class for posterity):

“Outrageous! Who are you, or a court, or a government, or any authority to tell another human being that feeding his body is more important than feeding his soul? Music is “non-essential”? I suppose that means that literature, culture, inspiration, wisdom, knowledge…or a moment of joy, the thrill of discovery, experiencing a concert, admiring a great work of art, or sharing an intimate and timeless moment with the love of your life is “non-essential” too! Neither the law nor any court nor a government authority has a right to dictate what is essential to any human being, whether he is receiving public assistance or not. Being poor imposes its own cruel restrictions on liberty and autonomy. Imposing more still is both an abuse of power and a violation of basic human rights. This is an assault on human dignity.”

Continue reading →