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

April 10, 2015April 10, 2015 / 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 →

Does A Church Receiving Dirty Money Cleanse It, Or Can Only The Government Do That?

April 7, 2015April 7, 2015 / Jack Marshall / 17 Comments

I can see why that $300,000 didn’t last long…

For some divine reason it appears to be church day at Ethics Alarms, though I attribute much of the phenomenon to my #1 topic scout Fred, who has been on fire of late.

David McQueen was the architect of a ruthless $46 million Ponzi scheme. While filling his own bank account, he also gave generously to Resurrection Life Church in Grandville, Michigan, one of the so-called “mega-churches,” as you can see in the photo above. McQueen donated about $300,000 in a three-year period, beginning in 2006, when the church was involved in a building project. See? He wasn’t so bad!

Assistant U.S. Attorney Matthew Borgula is involved in effort to reimburse victims by recovering some of the money taken by McQueen. The $300,000 looked like a nice chunk to go after, so he sent an e-mail to the church elders asking, pretty please, if they would give the money back.

The church said “No.” Continue reading →

Ethics Observations On The Columbia Journalism Review’s Report On Rolling Stone’s False UVA Gang Rape Story

April 6, 2015April 6, 2015 / Jack Marshall / 13 Comments

So I guess democracy is in big trouble then..

The Columbia School of Journalism was tasked with delivering the final verdict on the already thoroughly discredited Rolling Stone story “A Rape on Campus,” which first ran Nov. 19, 2014. The report, which was published yesterday, could not be more critical or devastating to the publication’s reputation and credibility. The one positive conclusion about Rolling Stone that the report documents is that the magazine cooperated fully with the investigation. In light of everything else Rolling Stone has done in this indefinably awful instance of atrocious and unethical journalism, that compliment is like praising a serial killer for leading police to the bodies of his victims.

The news media this morning is full of punditry on the CSJ report, none of it kind to Rolling Stone, so I will confine any new commentary here to the following 10 observations Ethics Alarms has already discussed the matter and related ethics issues extensively.

1. Upon receipt of the CSJ report, Rolling Stone finally took down and retracted the story by Sabrina Rubin Erdely. The story has been on the magazine’s website since mid November, and it has been universally identified as unreliable, misleading and false before the month was over. Why was the piece still up almost five months later? What the reporting of the Washington Post and others demonstrated beyond a shadow of a doubt was that the story was based on unsubstantiated allegations and terrible reporting practices sparked by the reporter’s ideological agenda and her own biases. Once a news article is found to be so sub-standard that it should never have been published, that means it need to be un-published, and does not belong on a news source website, unless it is under a banner stating: “Retracted and Discredited.”

2. While the Columbia report added some new details and had the name of a university on it, its findings added little to what had already been reported elsewhere. The CSJ’s proper role was to examine the lack of professional and ethical journalism policies and procedures that led to this fiasco, and to make recommendations to prevent similar abuses of the First Amendment from occurring. The fact that the article itself was indefensible did not need confirmation.

To me, it looks like Rolling Stone used the investigation to stall, delaying accountability as long as possible. Continue reading →

Missouri’s Unethical Food Stamps Bill

April 5, 2015 / Jack Marshall / 56 Comments

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 →

Gay Marriage Combat Flashback: “When A Boycott Is Unethical”

April 5, 2015 / Jack Marshall / 5 Comments

Prolific commenter Steve-O suggested that my previous post, Planet Ethics To Earth’s Gay Marriage Combatants: “You’re Mean, You’re Disgusting, And You’re Embarrassing The Human Race”, would have done more good if I had written it a few years ago. That’s hindsight bias, of course, but I did point out the unethical nature of similar tactics more than a few years ago, when gay marriage advocates announced a boycott against the state of Utah. ( I also, more than a decade ago, explained why this debate would be intense and emotional, and suggested the only chance, admittedly a faint and likely futile one, that the anti-gay marriage forces had to prevail.) Steve’s suggestion is also fanciful, in that Perez Hilton’s inane pronouncements on a Lindsay Lohan Instagram carry about 100,000 times more weight and influence than anything written here, and probably more than anything written about ethics issues anywhere, by anyone.

With that sad fact noted, the renewal of the problem of punitive and unfair boycotts as well as the escalation of brutal tactics in the gay marriage wars justifies a re-print of this essay from the Ethics Scoreboard from 2008, shortly after Proposition 8 was voted into law by Californians. As an aside, I note with some nostalgia the sober style in which Scoreboard posts were written. Therein lies the difference between an ethics website that posted essays composed over several days, and an ethics blog that attempts to keep up with multiple issues a day. The former is certainly more professional in tone; the latter is more personal and unfiltered, and, as a result, more read.

In the wake of California’s popular vote to over-ride its Supreme Court and establish marriage as restricted to heterosexual couples, gay rights advocates are urging an economic boycott of the state of …Utah.

Why Utah? Well, the Mormon Church, based in Salt Lake City, encouraged its members to work for passage of California’s Proposition 8. Thousands of Mormons worked as grass-roots volunteers and Mormon contributors gave tens of millions of dollars to the campaign. “At a fundamental level, the Utah Mormons crossed the line,” said gay rights activist John Aravosis, whose AmericaBlog.com is urging the boycott. “They just took marriage away from 20,000 couples and made their children bastards. You don’t do that and get away with it.” Continue reading →

Planet Ethics To Earth’s Gay Marriage Combatants: “You’re Mean, You’re Disgusting, And You’re Embarrassing The Human Race”

April 4, 2015April 5, 2015 / Jack Marshall / 53 Comments

It is hard to mediate a dispute where both sides feel entitled to use scorched earth tactics that ensure that innocent people get hurt. The gay (or same-sex) marriage wars have quickly escalated to that point, and while it may have been predictable, it was not necessary.

Gay marriage advocates, who were winning and, it is now clear, will win, could have shown patience and compassion toward the unsuspecting Americans of faith who weren’t paying close attention to the epic cultural shift underway, and who are reacting like most human beings react when the basic traditions, assumptions, and beliefs that they grew up believing were good, fair and immutable suddenly move beneath their feet like unstable tectonic plates—with confusion, anger, fear, impulsive words and actions based on instinct and panic. The gay advocates couldn’t bring themselves to do it, though. They rationalized their aggressive strategy with the Goldwateresque “Extremism in the defense of liberty is no vice” approach to social change. They insisted on demonizing opponents, without caring about their motives or their lack of understanding of the issues. Even passive acceptance wasn’t enough: the pro-gay marriage warriors had to purge contrary thoughts from the culture. Forget about tangible opposition: anyone who wasn’t thinking friendly thoughts about gays and their unions had to be destroyed. Use the fear of the tradition-bound against them. Crush them…beat them into submission.

It has been ugly, destructive, and wrong. American shouldn’t lose their jobs for signing a petition or voting for a referendum. States, and all their businesses and individual livelihoods, shouldn’t be boycotted because of misguided laws. This week, a family that just want to make and sell good pizza was drawn into a controversy it neither understood nor could be expected to, and was targeted for destruction after the owner made a comment rife with ignorance about, well, everything. Does it really matter that a pizza seller mistakenly thinks that it would be honorable and virtuous not to cater a hypothetical same-sex wedding reception? Does the family really have to be brought to its knees, made an example of, and ruined to teach anyone else what can happen to them if they don’t conform to the new, mandated belief system?

Who respects or likes people who act this way? We call them bullies. We call them cruel. We call them fanatics. ( This hateful CBS reporter tried to derail the GoFundMe effort to raise funds to rescue the pizza place.) Unless we are determined to understand their motives, we are very likely to hate them.

So the advocates of gay marriage really think it advances their cause, and it is a just cause, to make people hate and fear them.

What utter, utter folly.

Naturally, as in any war, the other side has responded in an equally brutal and ugly manner, just worse—dumber, to begin with. It’s Dresden for Coventry all over again. Continue reading →

How Can Schools Teach Students About Citizenship And Rights When They Don’t Know What Rights Students Have?

April 4, 2015 / Jack Marshall / 5 Comments

Sorry about this, Tiffany, but your school definitely can’t suspend ME…

Today’s example of totalitarian school tactics committed by administrators who should be attending classes rather than overseeing them comes to us from Memphis, Tennessee. Highland Oaks Middle School suspended three students for posting a teacher’s mugshot on Instagram. Eighth grade teacher Tiffany Jackson had been arrested for driving with a suspended license, and a student discovered her mugshot online. He posted it, and many more students re-posted the picture.

How could students posting public information on their own Instagram accounts be grounds for punishing them? It isn’t. The school has no right to do this, and suspending students for such protected conduct just serves to intimidate them and other students from exercising their rights as citizens.

That, of course, is the idea.

I agree that it wasn’t kind or fair of the students to set out to embarrass a teacher, but that’s a matter for discussion—education, perhaps— not discipline.

There has been a disturbing amount of deliberate or ignorant trampling on student speech lately, notably the University of Oklahoma expelling students for a constitutionally-protected racist chant, but also in high schools across the country where personal social media posts have been and are being treated as grounds for discipline. This is not to be tolerated from educational institutions in a democracy. Schools are fond of n0-tolerance: I can’t think of any conduct that should be less tolerated than teachers and administrators trying to control legal conduct and protected speech by students that occur off school grounds. We need to raise citizens who understand and respect individual rights, not burgeoning fascists who think that authority can and should shut down speech and conduct it doesn’t like.

At Highland Oaks Middle School, administrators eventually overturned the suspensions. I don’t care: fire them.

For this has to stop.

Meanwhile, welcome to the Streisand Effect, Ms. Jackson! Thanks to your employers trying to cover-up your offense by muzzling your students, everyone is seeing your mugshot. Just trying to do my part to discourage this blatant abuse of power….

_________________________

Pointer: Res Ipsa Loquitur

Facts: WNC Action 5

Ethics Dunce: Fox News Anchor Chris Wallace

April 3, 2015April 6, 2015 / Jack Marshall / 4 Comments

You won’t read this on The Daily Caller!

Even the pizza deserves an apology…

In a radio interview with conservative talk show host Mike Gallagher, Fox News anchor Chris Wallace was riffing on Little Caesars’ bacon-wrapped crust pizza when Gallagher brought up “fat shaming,” which slid into the issue of the current celebrity fat-shaming victim, following in the footsteps of past targets of weight-related ridicule like Kirstie Alley, Roseanne, Adele, Rosie O’Donnell and Lisa Welchel, pop singer Kelly Clarkson. “Holy cow, did she blow up!” Gallagher said. “She could stay off the deep dish pizza for a little while,” replied Wallace. Ethics Foul , and a vile one. Rude, mean, and completely gratuitous, Chris Wallace has no reason to comment on Kelly Clarkson’s appearance. She’s not a supermodel; she’s a singer, and a really good one who has just has a baby. Her weight is none of his business, and for him to pile on what is already an ugly social media and internet gossip game of mocking Kelly’s dress size is using his prominence to endorse the ugly societal obsession with women’s weight that, as he should know, kills people.

He doesn’t just owe Clarkson an apology.

He owes everyone an apology.

________________

Pointer and source: Mediaite

Tales of the Indiana State Legislature: “Your Baby Is A Racist!”

April 3, 2015April 3, 2015 / Jack Marshall / 61 Comments

Indiana State Rep. Vanessa Summers. (All right, not really, but I couldn’t resist. Read the story and you’ll get it.)

Can it get worse than this? During the debate in the Indiana House over the Religious Freedom and Restoration Act, state Rep. Vanessa Summers, (D-Indianapolis) rose to set a new record in outrageous race-baiting.

“I told [Republican colleague] Jud McMillin I love his son, but he’s scared of me because of my color.”

Responding to a rumble of protest from her assembled colleagues, Summers insisted, “It’s true.” When challenged on the assertion later. she defended her accusation, saying:

“He (the eighteen-month-old child) looked at me like I was a monster and turned around and cried. And I told him (McMillin) you need to introduce your child to some people that are dark-skinned so he will not be scared.”

There are so many take-aways from this episode that it’s difficult to know where to begin, or where to stop.

Continue reading →

Ethics Dunce: Tucker Carlson (No, I Mean Seriously, This Guy Is Really, REALLY An Ethics Dunce!!!)

April 2, 2015April 3, 2015 / Jack Marshall / 2 Comments

Oh NO!!! Tucker Carlson is trapped by a conflict of interest! I’m coming, Tucker…just hold on! I’M COMING!!!!

Tucker Carlson is the founder and publisher of the conservative commentary and news site, The Daily Caller. In this post, I recently discussed Carlson’s ethical obtuseness in pulling a column by a Daily Caller contributor because it criticized Fox News, where Carlson has a gig as a weekend host of the network’s embarrassing happy conservative talk morning news show. I wrote,

The conflicts of interest on display here, the insensitivity to them, and the lack of any pretense of journalistic fairness or integrity is staggering. Carlson has placed The Daily Caller in the same, discredited ethics no-man’s land of Media Matters, Move-on.org, the Daily Kos and other sites that blatantly distort the news and their commentary on it for specific, ideological and personal agendas, and a personal agenda is the most unethical and cynical conflict of all. Carlson likes his Fox paycheck, apparently. Well, then, his ethical obligation is to have an independent journalist edit his website. In the alternative, he needs to refuse to work for Fox unless the network agrees to allow him full reign to say and write what he believes on his website, and to allow others to do so as well.

Apparently Carlson doesn’t read Ethics Alarms—I am shocked and disappointed—and moreover, has the imagination and ethics problem-solving skills of a banana slug. Mediaite reports that he was discussing his ethics problem with RealClearPolitics, and admitted that he was totally flummoxed about what to do, poor dear:

“I have two rules,” Carlson said, “One is you can’t criticize the families of the people who work here, and the other is you can’t go after Fox” because he works there. Sigh. “Yes, it’s a conflict, for sure…but I don’t know what to do about it.” Continue reading →

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