Unethical Quote Of The Week: Robert Reich

February 3, 2017February 3, 2017 / Jack Marshall / 31 Comments

“I was there for part of last night, and I know what I saw and those people were not Berkeley students. Those people were outside agitators. I have never seen them before.There’s rumors that they actually were right-wingers. They were a part of a kind of group that was organized and ready to create the kind of tumult and danger you saw that forced the police to cancel the event. So Donald Trump, when he says Berkeley doesn’t respect free speech rights, that’s a complete distortion of the truth.”

—-Former Clinton Secretary of Labor Robert Reich, spinning himself silly to allow his leftist-colleagues to duck accountability for the Berkeley rioting.

Nope, I don’t believe it.

Robert Reich isn’t a supposed to be a political hack. He’s a scholar and a former Cabinet member. Yet he felt it necessary to abandon all logic and honesty in order to try to shift blame for a leftist anti-Trump, anti-speech riot on a major college campus onto its targets. This might be good news: Reich is no fool, and maybe the Angry Left is beginning to realize that its tactics have backfired. So now it is just lying and blame-shifting. That’s an improvement. Sort of.

Reich’s statement is unbelievable on its face. He teaches at Berkeley, but does he really expect anyone to believe that in the middle of a night-time riot, he was in a position to recognize individual rioters and render an informed judgment regarding whether they were students? The school has more than 38,000 students! It is impossible for Reich to know all of them, and during the chaos of a riot at night, it is highly unlikely that he could even distinguish the students in his own classes. His unequivocal statement that none of the rioters were students is a false one: he cannot know that. He cannot know they were “outside agitators.” He cannot know that he had never seen them before, especially since many of them were wearing masks.

Then he says that there are rumors that they were “right-wingers,” and in the next sentence implies the truth of those rumors. You know, I’ve heard rumors for years that Robert Reich is really one of the Seven Dwarfs, escaped from the fairy tale, like in “Enchanted.” The smart money is on “Doc.” However, since there isn’t a shred of evidence that this rumor is true, and thus suggesting otherwise would be unfair and dishonest, I would never, never state that Reich is close associate of Snow White and Dopey. Reich, however, feels constrained by no such principles, being, apparently, a devotee of the false dialectic employed by leftists for a century or so.

Boy, did I get sick of arguing with people like him is college. Continue reading →

Ethics Observations On Berkeley’s Anti-Speech Riot

February 2, 2017February 2, 2017 / Jack Marshall / 139 Comments

From SF Gate:

A protest at UC Berkeley over a scheduled appearance by right-wing provocateur Milo Yiannopoulos turned fiery and violent Wednesday night, prompting police to cancel the event and hustle the Breitbart News editor off campus. But even after the event’s cancellation, hundreds of protesters spilled off campus into the city streets, where the violence continued as they confronted drivers, engaged in fights, smashed storefront windows and set fires.

Protesters decried President Trump’s policies as much as they did the visit by Yiannopoulos, a gay conservative who has been making the rounds at college campuses across the country with his “Dangerous Faggot” talks, specializing in remarks meant to insult, offend and disgust liberals who disagree with his ideas.

Revelations From The John Oliver Video Post: What I Have Learned

November 17, 2016November 17, 2016 / Jack Marshall / 83 Comments

PREFACE: I have just returned from a crazy three day odyssey that had me lecturing on Massachusetts legal ethics in Boston, Washington, D.C. legal ethics in the nation’s capital, and, professional ethics, legal ethics and accounting ethics in Tucson, Arizona. Keeping pace with ethics developments was even more difficult than it usually is when I’m on the road, because I had almost no time in between flights, meetings and various hassles to get to a newspaper, surf the web, or watch TV. And my browser kept crashing.

I wrote the John Oliver post, frankly, as low-hanging fruit. His performance was vile and hateful, barely funny, self-indulgent, and disrespectful in a damaging way, and I didn’t think, and still don’t, that there should be much disagreement on that assessment. I expected the usual “lighten up,” “he was only joking “[he was NOT only joking], and “he has right to free speech” comments, because I always get those any time I point out that a comedian has been unfair and irresponsible. I did not expect,for the post to get more single day traffic than all but one previous Ethics Alarms entry, and so many comments, many of which with troubling social and political significance. I returned to my office to find more comments waiting for moderation than have ever been there at one time, and I apologize for that: I try to get them cleared withing hours if not minutes. Of course, a disproportionate number of them were garbled nonsense, or just invective with no point whatsoever. They didn’t make it.

I also had some tough calls, with repetitious comments that misrepresented the post, made irrelevant or factually mistaken assertions, and also were abusive. I fear that I may have been inconsistent, and perhaps less tolerant than usual, and I’m not referring to the occasional comment I allowed to be published just to show the kind of comments that weren’t being posted. The problem is that this site is a intended to be a colloquy, and poor quality comments just make the threads hard to read, and also undermine the site.

I may have to be more ruthless in moderating comments in the future. I’m thinking about it.

Ethics is all about processing new information. Here are some useful things I learned, or re-learned, from the reaction to the post, “Ethics Dunce: HBO’s John Oliver”….

1. Otherwise reasonable, fair, smart people really do think that Donald Trump justifies unethical conduct and that makes it okay. Continue reading →

Ethics Dunce: Northern Michigan University

October 3, 2016October 3, 2016 / Jack Marshall / 25 Comments

"...but just shut the hell up abut it, or we'll have to suspend you. Love, The Administration"

“…but just shut the hell up about it, or we’ll have to suspend you.
Love, The Administration”

Episodes like this, coming out of the wreckage we call higher education, raise at least three troubling questions:

1. If universities are this ignorant of the principle of free speech, why is anyone surprised that our younger generations are so willing to sacrifice it for political ends?

2. How can institutions run by administrators this immune to basic ethical decision-making reasoning be trusted to competently educate their students?

3. How many equally outrageous policies do schools inflict on their students that we don’t hear about?

Northern Michigan University installed threatens students with discipline if they share suicidal thoughts with other students.

FIRE, as usual, is on the case, and has written to the school to explain to them why this is abusive and a flagrant First Amendment violation. One student who had received a warning about her discussing about her suicidal feelings with her friends on campus, and was told not to have such conversations. She asked for clarification from Associate Dean of Students Mary Brundage, writing,

Just to clarify, the email said that if I spoke to students about it that it would create a distraction—which could create disciplinary action against me. . . . I was also wondering if I respond to concerned people, is that enough to get me in trouble? I do not want to worry others by not responding and I do not want to have the possibility of getting expelled by reaching out to my friends during this emotionally trying time and I see the possibility of misunderstanding or getting more concerned.

Continue reading →

California Decides It’s The Government’s Function To Help Actors Pretend They Are Younger Than They Really Are

September 25, 2016September 25, 2016 / Jack Marshall / 17 Comments

California increasingly appears to be hell bent on serving as the cautionary example of how the belief that government has an unlimited brief to meddle in everything leads to abuse and derangement.

Gov. Jerry Brown last week signed legislation that prevents entertainment websites such as the Internet Movie Database (IMDb),from posting an actor’s age or birthday if the actor doesn’t want anyone to know how old he or she is.

The law, which becomes effective January 1, applies to entertainment database sites that allow paid subscribers to post resumes, headshots or other information for prospective employers. Only a paying subscriber can make a removal or non-publication request. The beneficial end that supposedly justifies this unconstitutional and suppressive means is that age discrimination is allegedly rampant in show business.

“Even though it is against both federal and state law, age discrimination persists in the entertainment industry,” Golden State legislature Majority Leader Ian Calderon, D-Whittier, said in a statement. “AB 1687 provides the necessary tools to remove age information from online profiles on employment referral websites to help prevent this type of discrimination.”

Naturally the actor unions are all for this form of government censorship. “Gov. Jerry Brown today stood with thousands of film and television professionals and concerned Californians who urged him to sign AB 1687, a California law that will help prevent age discrimination in film and television casting and hiring,” said SAG-AFTRA President Gabrielle Carteris. You remember Gabby, don’t you? She was the brainy, non-sexy teen in the original “Beverly Hills 90210.” I’m sure she thinks the reason her career tanked as she edged into middle age was “discrimination.”

I’ve seen you act, Gabrielle. It wasn’t. Continue reading →

Unethical Quote Of The Week: Mayor Patsy Capshaw Skipper of Midland Alabama

August 26, 2016August 27, 2016 / Jack Marshall / 16 Comments

“I lost. The nigger won.”

—Soon to be ex-mayor of Midland, Alabama, Patsy Capshaw Skipper, in a Facebook response to a friend who asked about the recent election.

Mayor Skipper was defeated by Jo Ann Bennett Grimsley, former assistant city clerk and an employee of the Dale County government for 27 years. She also happens to be black, which is apparently what Skipper thinks is most important about her.

A few observations:

1. What an idiot! I wonder how long Facebook and Twitter will be around before people learn that you can’t post anything “secretly”?

2. Such a disgusting statement being made by an elected official on a public forum does incalculable harm to societal bonds of trust and race relations. It appears to validate the worst suspicions and fears of African Americans, not just in Midland, not just in Alabama, but everywhere. It also is ammunition for those who derive power and influence from promoting racial discord–Black Lives Matter, race hustlers like Al Sharpton, Democrats.

3. Skipper became mayor when her husband, who was the previous mayor, retired in poor health [Notice of correction: the original post erroneously stated that he had died. My mistake, and I apologize for the error.] and the good, lazy, irresponsible people of Midland decided that simply having the same last name as the previous mayor was qualification enough to run the town. It is just mind-blowing how often this happens, and there is no justification for it. Let’s see: Sonny Bono’s wife Mary, with no relevant experience at all, was elected to replace him in Congress after he died in a skiing accident. Lurleen Wallace took over for her husband George as Governor of Alabama when he couldn’t serve another term [Notice of ANOTHER correction: the original post erroneously stated that Wallace’s shooting prompted Lurleen’s ascension to power. Again, I missed it by careless reading. Thanks and gratitude to the Wallace-literate reader who informed me of the mistake.] had died. My mistake, and I apologize for the error.] . Jean Carnihan took over for her husband as junior U.S. Senator of Missouri after he died.

And then there’s Hillary, of course. Continue reading →

Wearing Black Lives Matter Pins In The Courtroom Matters To This Judge

July 24, 2016July 25, 2016 / Jack Marshall / 6 Comments

Q: Which of these can a judge ban from a courtroom? A: All of them.

Youngstown (Ohio) Municipal Court Judge Robert Milich ordered NAACP attorney Andrea Burton to remove the Black Lives Matters pin she was wearing. The attorney refused, and was declared in contempt of court.

Good.

She was.

Judge Milich sentenced the grandstanding lawyer to five days in jail, though the sentence has been stayed while she appeals the decision, as as long as she obeys Milich’s order not to wear items that make a political statement in court. When she loses her appeal, and she will, she will have to serve the five days in jail.

Milich is on firm ethical and constitutional ground, not that this episode won’t subject him to being called a racist. It is well-established that judges can ban political expressions in the courtroom, and in 1998, the Supreme Court let stand the rulings of a federal district court and the 1st Circuit Court of Appeals, in Berner v. Delahanty, that a the judge’s prohibition of political buttons was a reasonable method of “maintaining proper order and decorum” in a courtroom. In that case, the judge prohibited lawyer Seth Berner from wearing a button saying “No on 1—Maine Won’t Discriminate,” a declaration against an upcoming state referendum.

As long as a judge doesn’t allow one form of political advocacy while banning others, there is no free speech issue. Judges have gotten themselves involved in controversy when they have allowed buttons, as in the 2006 Supreme Court case of Carey v Musladin, in which Court ruled unanimously that murder trial spectators were free to wear buttons with a picture of the victim in front of the jury that convicted the defendant. The justices agreed with California prosecutors who said the buttons were a harmless expression of grief by family members at Mathew Musladin’s trial.

I really don’t like that decision. A wise judge will avoid the issue by prohibiting any advocacy in court of of any political, social or case-related opinion. Continue reading →

KABOOM! The Tale Of The Third-Grader’s Racist Brownie Offense: No, I Don’t Understand This At All

June 30, 2016June 30, 2016 / Jack Marshall / 79 Comments

This story made my head explode, and thus it will be tagged “Kaboom!” Unlike most such Kaboom! posts, however, this one is likely to make my head explode every time I read it. Or think about it. Forever.

On June 16, a third grader made a comment about the brownies being served to his class during an end-of-the-year class party at the William P. Tatem Elementary School in Collingswood, New Jersey. After another student opined that the remark was “racist,” the school called the Collingswood Police Department.

Okay, stop. I’m puzzled already, and my head exploded again just writing that:

How could a comment about brownies be racist? Did the child say, ” As with human beings, the blonde brownies are innately superior to the dark ones”? Somehow, I doubt it.

Another third grader pronounced the statement as racist. Not a teacher, now. An eight-year old. How can that trigger anything, in a sane world, but a discussion led by the teacher about what is and isn’t racist, and how people shouldn’t leap to such inflammatory observations, because it makes human interaction difficult if not impossible?

The school called the police department? For what? A threatened brownie massacre? How is this conceivably a police matter? Why did the police come?

“What is the nature of your emergency?” “A third-grader in my class made an inappropriate remark about brownies!” “Calling 911 with prank calls is a crime, ma’am. Don’t do this again.”

It is per se unethical and irresponsible for any police department to treat such trivia seriously.

All right,slogging on… Continue reading →

Why Does Colby College Think That It’s Ethical To Keep A “Bias Incident Log”?

June 25, 2016June 25, 2016 / Jack Marshall / 14 Comments

Might be time for a new motto, Colby. On the other hand…

Wait…you say that more than a hundred campuses have this or the equivalent?

Oh-oh.

I am scheduled to teach a legal ethics class in the avoidance of bias in the practice of law next year, and I’m already worried. Past engagements of mine on this topic have been popular with attendees, but not always appreciated by my clients. The bar associations that make such training mandatory usually want to get someone to drone on about how lawyers should love Big Politically Correct Brother and search their souls for any germ of an attitude that would make Chris Matthews say they are racist, or the President of NARAL say they are sexist, or a Black Lives Matter activist call them privileged. In other words, these are often devised as political indoctrination courses, using “bias” as code for “non-conforming thoughts according to progressive orthodoxy.”

I can’t and won’t teach that, because it’s as wrong as it is boring. Bias includes all ideas wedged in our minds that overcome reason and prevent just, even-handed, logical and fair decision-making. Bias makes us stupid, and for lawyers, the kind of bias I’m talking about undermines justice. Ironically, what most proponents of anti-bias courses want to do is instill biases that they and their partisan allies approve of. Once that is done, the Orwellian process is complete. “Bias” then means “not accepting our biases, which aren’t biases because we believe them, and we are good.” The rationalization involved is 14. Self-validating Virtue.

The news and ethics issues are reaching one of those crisis points for me where everything seems to be connected to everything else, and I am torn whether to write one huge, conceptual post (the ones most readers skip) or a series of single episode posts. Facebook, a topic on its own, is revealing most of my friends whom I would identify as Democrats or progressives as in the grip of a crippling cognitive bias-based malady. Why did they think it was just wonderful for so many elected officials to deliberately ignore the core Constitutional principle of due process? Why did they reflexively attack the British vote to leave the European Union as “racist” or “xenophobic” rather than recognize it as a principled reassertion of their nation’s autonomy and democratic principles? How did freedom of speech, freedom of thought, true civil rights, and democracy itself become so alien to so many supposedly intelligent and self-proclaimed liberal adults?

Don’t worry, I’m coming back to Colby. It really does come down to bad and anti-American education poisoning the culture. In an excellent though disturbing essay on the Ethics And Public Policy website, Stanley Kurtz persuasively argues that U.S. education itself has turned against liberty, resulting in an increasing majority of citizens who do not believe or accept the virtues of core American ideals.

The incident that brought my attention to the Colby Bias Incident Log, which, at Colby and elsewhere, sends a Bias Response Team into investigation mode, was one in which a student was reported for allegedly using the idiom “on the other hand.”

No, this is not a hoax. It is not a joke. And what the fact that I am writing this suggests is far from funny. It is tragic. Continue reading →

The Redskins Native American Poll: Integrity Check For Progressives And Race-Baiters

May 20, 2016May 20, 2016 / Jack Marshall / 27 Comments

My Washington Post is filled with articles and columns reacting to the “surprising” poll results released yesterday—a poll taken by the Post itself— that appears to settle a manufactured controversy of long-standing. If it doesn’t, that will tell us more about those who resist than it does about the merits of the controversy itself.

The Washington Post-commissioned poll shows that 9 in 10 Native Americans are not offended by the Washington Redskins name, despite a steady tom-tom beat of complaints and insults from activists, pandering politicians, cultural bullies and politically correct journalists insisting otherwise. The poll, which was analyzed by age, income, education, political party or proximity to reservation, shows that the minds of Native Americans have remained unchanged since a 2004 poll by the Annenberg Public Policy Center found the same result. (Actually, Native Americans are somewhat less offended by the name than twelve years ago.)

The immediate question that the poll raises is one that Ethics Alarms has raised repeatedly as a rhetorical one. As the Post wrote today, speaking specifically of the segment of the sports media that had been so doctrinaire in attacking the name, even to the point of censoring it:

“Can they be offended on behalf of a group that they’re not part of, especially a group that appears, overwhelmingly, not to be offended by the word media figures object to?”

To ask the question is to answer it. If the name in fact isn’t offensive to the group it is claimed to offend, then it is ridiculous for non-Native American to continue to be offended on their behalf.

Thus the poll results pose an excellent test of integrity and honesty for all of the liberals, politicians, political correctness junkies, pundits, social justice warriors and fringe Native American activists who have been so insulting and shrill to supporters of the name. Do they have the courage and fairness to admit they were wrong? Can the ideologically programmed ever do this: do facts matter, or is it essential for them to interpret the world according to cant rather than bend, adapt and compromise to inconvenient, messy reality?

Well, we shall see. The Post’s early results do not speak well for the anti-Redskins zealots. Continue reading →

Ethics Alarms

An ethics commentary blog on current events and issues

Freedom of Speech

Unethical Quote Of The Week: Robert Reich

Revelations From The John Oliver Video Post: What I Have Learned

Ethics Dunce: Northern Michigan University

California Decides It’s The Government’s Function To Help Actors Pretend They Are Younger Than They Really Are

Unethical Quote Of The Week: Mayor Patsy Capshaw Skipper of Midland Alabama

“I lost. The nigger won.”

Wearing Black Lives Matter Pins In The Courtroom Matters To This Judge

KABOOM! The Tale Of The Third-Grader’s Racist Brownie Offense: No, I Don’t Understand This At All

Why Does Colby College Think That It’s Ethical To Keep A “Bias Incident Log”?

The Redskins Native American Poll: Integrity Check For Progressives And Race-Baiters

Share this:

Share this:

Share this:

Share this:

Share this:

“I lost. The nigger won.”

Share this:

Share this:

Share this:

Share this:

Share this: