Ethics Hero: Judge Richard Posner

August 30, 2014 / Jack Marshall / 130 Comments

Sure, you have a right to think there’s something wrong with that, but the state has no business acting as if it thinks so too.

Because Judge Richard Posner of the 7^th Circuit Court was appointed by Ronald Reagan, he is usually describes as a conservative judge. He’s better described as an unusually smart, articulate, thoughtful and courageous judge, and in responding to oral arguments lawyers for Wisconsin and Indiana defending their state’s marriage bans, he proved it.

I have frequently attempted to draw a distinction between those guided by archaic religious morality that causes them to regard same-sex marriage as sinful, and the attempt to use the government, which must not be guided by religion to make such marriages illegal. Morality doesn’t have to be defended by logic—God works in mysterious ways, you know—but laws do. A complete evisceration emanating from a place of authority of the specious and often absent reasoning behind gay marriage bans was much needed, and knowing that he risked criticism as a “judicial bully” for doing so with gusto, Judge Posner came through.

Here is a sampling of the barrage he placed on Indiana Solicitor General Thomas Fisher and Wisconsin’s assistant attorney general Timothy Samuelson: Continue reading →

Donald Sterling’s Beard

August 22, 2014 / Jack Marshall / 3 Comments

So THAT’S what was going on!

If the law suit just filed by Donald Sterling’s traitorous bimbo V. Stiviano is based on fact, the world of sports, media and political correctness may be getting a much deserved comeuppance. I really, really hope this comes to pass. Maybe everyone will learn something about not stealing private words and thoughts, and using them to wreck lives and reputations.

But probably not.

It was V.who famously taped the then owner of the Los Angeles Clippers, in his own bedroom earlier this year, making his remarks about not wanting his mixed-race girlfriend to bring blacks to his team’s games. Those comments were leaked, and launched an orgy of political correctness, as the NBA, its players and every pundit who could get to a camera, microphone or keyboard into rants about how disgusting and vile Donald Sterling was. The NBA fined him two million dollars and took his team away, while he was branded as the face of Ugly American Racism 2014, at least until Darren Wilson became an “executioner.” Based on what Stiviano’s lawsuit states, however, in support of her claiming defamation at the hands of Sterling’s estranged wife, what Sterling said on the tape might not mean what everyone assumed it did, and perhaps wasn’t racist at all. Continue reading →

Phtography Ethics, Parenting Ethics, Face-stomping Ethics

August 6, 2014 / Jack Marshall / 40 Comments

Item:

“A 32-year-old city resident was arrested for allegedly stomping on the face of a college student who was taking pictures at a Liberty Heights park on Tuesday afternoon. Victoria M. Torres, of 211 William St., was taken into custody for assaulting a 22-year-old student who was taking snapshots for a “photography class project” near the water park in Van Horn Park, Springfield police spokesman Sgt. John Delaney said.”

The student was taking photos of Torres’s young daughter, among other subjects.

More…

“Torres approached the photographer and “demanded in a threatening manner” that she delete any pictures containing images of her children, according to Delaney. The student, who wasn’t publicly identified by police, tried to avoid a confrontation and started to leave the park.”As she was walking out, the outraged female came over and punched her twice in the face, grabbed her by the hair and pulled her to the ground,” Delaney said. Torres then “kicked the victim and stomped her face” after the photographer had fallen to the ground, Delaney said.Torres also tried to take the woman’s camera and equipment, valued at about $4,000. Torres grabbed hold of the camera strap in effort to pull the camera from the student’s neck, Delaney said.”

Let’s stipulate that stomping on the student’s face…indeed, stomping on faces generally, is per se unethical. Now that this is settled, did the t mother have a legitimate objection? Was the student behaving ethically?

Yes, and no. Continue reading →

John Travolta, Carrie Fisher, and The Ethics of Outing

July 17, 2014 / Jack Marshall / 25 Comments

Mr. and Mrs. John Travolta

Should it matter if John Travolta is gay? It shouldn’t, no. To say it shouldn’t, however, is not to prove that it doesn’t. In his industry, for all its liberal and progressive grandstanding, the perceived sexuality of leading men does matter, because it is believed that it affects the bottom line. Most important of all, John Travolta doesn’t want the public to know/believe/think that he’s gay.

That alone ends the story, in ethics terms. Revealing this aspect of a private life that the actor has chosen to keep private is entirely his decision to make, and nobody should force him to make it, or make it for him. Therefore, what did actress Carrie Fisher, Hollywood kid, writer, “Star Wars” icon, and former bride of a gay man, think she was doing when she told the Advocate, in response to a question about Travolta’s legal maneuvers against a website that published a story about his alleged gay lifestyle…

“Wow! I mean, my feeling about John has always been that we know and we don’t care. Look, I’m sorry that he’s uncomfortable with it, and that’s all I can say.”

Continue reading →

A Culture Lost And Confused: “The Donald Sterling Ethics Train Wreck” Is Now The U.S. Cultural Values And Priorities Ethics Train Wreck…Good Job, Everybody!

May 24, 2014May 24, 2014 / Jack Marshall / 20 Comments

Let’s see if I understand:

NBA owner Mark Cuban wasn’t making a racist statement when he publicly said that he is prejudiced in matters concerning blacks and race. That’s interesting, because the common description of one who is bigoted regarding race is “racist.” Even if he was racist, it doesn’t justify his being fined millions, banned and losing his team, because he made the statement publicly, which is brave, rather than making his racist statements in the privacy of his own bed room, where Donald Sterling foolishly thought, as an American, that what he did was nobody’s business, as the gay members of the mob who want him ejected from his business always tell us.

Wait, that can’t be right. Let me start again. Continue reading →

Ethics Hero: NBA Clippers Owner Donald Sterling (And Yes, I Mean It)

May 16, 2014 / Jack Marshall / 38 Comments

When you think about it, the champion in this fight would almost have to be repulsive for a victory to mean anything.

The other shoe dropped, and however it may be intended, it’s an ethical shoe. Donald Sterling now says that he’ll refuse to pay the 2.5 million dollar fine levied on him by NBA Commissioner Silver and his fellow owners for what he said in his own bedroom.

Good. I was waiting for this, and hoping that would be his course of action. Ironically, a good, compliant, progressive billionaire, and one who was not, unlike Sterling, a repulsive asshole, who was nationally embarrassed as Sterling has been, would crawl quietly into a hole, periodically send out big checks and mea culpas to Al Sharpton, Jesse Jackson, and the NAACP, and in the process, take big, bloody chunks out of our freedom to think and speak freely, and our personal privacy. Sterling is doing the right thing, although it is going to cause him to be even more vilified by the media and even more assailed as the personification of racism than he has been already—and that has already been disproportionate to his “crime.”

Fighting is also going to be expensive. Never mind. It is revolting to write it, or even think it, but he is fighting for all of us. Continue reading →

Ethics Quiz: If There Is Going To Be A Racial Double Standard For Bigoted Statements, Can We Please At Least Know What It Is?

May 14, 2014May 14, 2014 / Jack Marshall / 22 Comments

Item: Donald Sterling, billionaire owner of the NBA Clippers, while speaking with his mistress/girl friend/ escort in the bedroom, announces that he doesn’t want her bringing black men to Clippers games. In the process, he does not say anything specifically derogatory about African- Americans. He believes the statement is private, and that he is talking to someone he could trust.He was wrong. A recording of the conversation was leaked to the press, and Sterling has been roundly vilified as a vile racist, threatened with a boycott by the players, mostly African-American, in the NBA, fined 2.5 million dollars and banned from the game.

Item: Via Mike Wise, Washington Post sports writer—

“Following Wednesday’s Pacers-Wizards game in Indianapolis, during the time when NBA rules permit media members to be present, the music blaring in the Indiana locker room was filled with vile language: racist, homophobic and misogynist. Afterward, I complained on Twitter that if Commissioner Adam Silver truly wants an inclusive league, he ought to address this (common) practice.”

Result: Wise, who is white, was attacked as a racist. What NBA players listen to in the locker room is none of his business, he is told (but what Donal Sterling says in his bed room is their business.) The NBA has done, and is expected to do, nothing.

Item: Appearing on ESPN where he is a commentator, Charles Barkley, former NBA star (and an African-American), decided to deride the women of San Antonio, Texas as fat. “There’s some big ‘ol women down there,” said Barkley. “That’s a gold mine for Weight Watchers.” He added, “Victoria is definitely a secret. They can’t wear no Victoria’s Secret down there.” A spokesperson for a fat acceptance group protested:

“Making slurs about body size is just as offensive as making comments about body color. One would think being a black man, he’d be more sensitive to having his physical body criticized. It’s totally out of line. He should absolutely apologize.”

Barkley not only refused to apologize, but defiantly challenged anyone objecting to his remarks, jokes or future comments to “change the channel.” Nobody expects Barkley to suffer any consequences from this series of events.

Item: In 2007, talk show provocateur Don Imus got into a facetious discussion with a broadcast team member about how te women’s basket ball team from Rutgers was “rough looking” and had some “nappy-looking ho’s.” He also referenced Spike Lee’s “Do the Right Thing,” and the film’s “Jigaboos vs. Wannabes.” Imus apologized profusely, pronouncing the exchange inappropriate, thoughtless and stupid. Under pressure from various civil rights groups, WFAN, which produced his show, fired Imus, who has never regained his previous prominence.

Item: In 2013, media professional Justine Sacco tweeted a race-based joke before boarding a plane to Africa: “Going to Africa. Hope I don’t get AIDS. Just kidding. I’m white!” A furious cyber mob condemned her as a racist, and demanded her punishment. When she landed in Africa, she learned that she had been fired.

Your Ethics Alarms Ethics Quiz for today is…

What the hell is going on here?

Continue reading →

A Donald Sterling Ethics Train Wreck Surprise: Something GOOD May Come Out Of This Mess!

May 5, 2014 / Jack Marshall / 11 Comments

But I doubt that it will feel very good.

Even more than usual, I was physically nauseated by the Sunday morning network news shows this weekend, which all blurred together in a nightmarish display of how lazy and biased the news media is, and how aggressively it now seeks to make Americans complacent, ignorant, and ethically stunted. I’m not sure which of these journalistic disgraces it was—I think it was “Meet the Press”—where the host, briefly attempting to inject some content into his panel’s obligatory Donald Sterling bashing, asked if it mattered that his comments were intended as private. “There is no privacy any more!” a female panelist exclaimed, not as protest or complaint, but as a dismissive rebuttal. Oh. Well, that settles it then! We should now assume that any of us can be publicly pilloried and humiliated for what we say in our homes, bedroom, automobiles, and safe rooms. Next issue! Boy, the President killed at the White House Correspondents dinner, didn’t he?

Over at ABC, the token conservative this week in that “roundtable,” Laura Ingraham—the allegedly smart, ultra-right wing, acerbic former Supreme Court clerk for Justice Thomas turned radio host—couldn’t manage the presence of mind or the wit to point out that fellow panelist Van Jones had just compared NBA players—you know, the African Americans who make more money in a week than you make all year?—-to black slaves, and twice at that. What good are you, Laura, if you can be intimidated like that, and allow a shimmering opportunity to illustrate the racial double standard being used today for cynical political ends, so the public might start paying attention? No, Laura had her own agenda, so she wasn’t paying attention. She was there to use the Oklahoma “botched” execution as a platform to inveigh against—abortion. I would call her performance pundit malpractice, but how one can be judged incompetent on a Sunday public issues show, when the shows themselves are journalistic abortions?

Retribution is coming for all, however. Eventually, thanks to the excessive and imprudently unrestrained abuse being heaped on Donald Sterling, these knaves, bumblers and hypocrites are going to have to face the reality of the dilemma they have created for themselves, because the standard they so happily apply to Sterling—deceptively safe and easy because he’s objectively repulsive–is now going to be applied to everyone including their champions and heroes, , and the carnage will be unrelenting. And it will be good for the culture, I think, because like the French Revolution, the force unleashed by the politically correctness bullies, race-hucksters and Bigotry Furies will prove unmanageable, and consume its creators. Continue reading →

Ethics Quote Of The Week: Kareem Abdul-Jabbar.

April 28, 2014 / Jack Marshall / 20 Comments

“Shouldn’t we be equally angered by the fact that his private, intimate conversation was taped and then leaked to the media? Didn’t we just call to task the NSA for intruding into American citizen’s privacy in such an un-American way? Although the impact is similar to Mitt Romney’s comments that were secretly taped, the difference is that Romney was giving a public speech. The making and release of this tape is so sleazy that just listening to it makes me feel like an accomplice to the crime. We didn’t steal the cake but we’re all gorging ourselves on it. So, if we’re all going to be outraged…Let’s be outraged that private conversations between people in an intimate relationship are recorded and publicly played. Let’s be outraged that whoever did the betraying will probably get a book deal, a sitcom, trade recipes with Hoda and Kathie Lee, and soon appear on “Celebrity Apprentice” and “Dancing with the Stars.”‘

–—Basketball legend Kareem Abdul-Jabbar, in an essay pointing out some of hypocrisies and excesses in the reactions to the Donald Sterling saga.

“Gotcha! He’s screwed now…but he’s a racist scumbag, so it’s perfectly OK.”

Good for Kareem. I was just about to make this point myself, and preparing to be pilloried for making excuses for a racist. Kareem is a lot bigger than I am, and I’m happy to stand behind him.

I watched two African-American lawyers on CNN today erupt in over-the-top outrage that has become the norm in the “finger-wagging Olympics” that Abdul-Jabbar decries in the rest of his article. One of the lawyers called Sterling’s remarks defamatory—“defamatory?” Sterling didn’t say a word that was negative about blacks; he just said he didn’t want his girl friend taking photos with them. His comments constitute smoking gun proof of racial bias, sure, but they aren’t “defamatory.” The other lawyer called them “the most vile, disgusting...” on and on and on, comments that he had ever heard. Really? I doubt that. You know, once you award the prize to Sterling’s racist comments, you have no more superlatives left for really horrible racist remarks. The two sportswriters, Christine Brennan and Bill Rhoden, who preceded my commentary on NPR today, did the same thing. It was a contest over who could express the most outrage.

It is a small surprise, then, in this hyper-charged atmosphere, that the conduct of V. Stiviano is getting an ethics pass, as if betrayal doesn’t matter as long as the betrayed party is despicable, and what she did was justified because she exposed a racist to the world. It’s not justified. The ends don’t justify the means, when the means are betrayal and mean-spirited vengeance, and when the methods used threaten to become a social norm, turning American homes and bedrooms into Stalinesque trap where no secret is safe. We’ve seen this practice before and I’ve condemned it before: the Harvard Law student turned into a campus pariah by a jealous rival circulating a private e-mail to the people most likely to be offended by it; Alec Baldwin’s daughter releasing private communications with her intemperate father to harm his reputation; Mel Gibson’s girlfriend doing the same; e-mail jokes being intercepted and sent to political enemies as a tool of personal destruction; clumsy suitors having their fumbles turned into national ridicule by the objects of their affection. Continue reading →

Privacy, Facebook, And School Abuse of Power

March 28, 2014January 15, 2015 / Jack Marshall / 24 Comments

It can a bit late to the party, in my view, but the ACLU just delivered a crucial blow to Big Brotherism in the schools. Addressing an issue that Ethics Alarms flagged in 2011, Minnewaska Area Schools (in Minnesota) agreed to pay $70,000 in damages to Riley Stratton, a 15-year-old high school student,

for violating her rights. It also agreed, as part of the federal court settlement, to rewrite its policies to limit how far a school can intrude on the privacy of students by examining e-mails and social media accounts created off school grounds.

In 2012, the ACLU Minnesota Chapter filed a lawsuit against the Minnewaska School District after it suspended Stratton for a Facebook post, written and published outside of school, in her home, in which she expressed hatred for a school hall monitor who she said was “mean.” After the suspension, Stratton used Facebook to inquire which of her “friends” had blown a whistle on her. School officials brought the young teen into a room with a local sheriff and forced her to surrender her Facebook password. Officials used it to searched her page on the spot; her parents were not consulted.

“A lot of schools, like the folks at Minnewaska, think that just because it’s easier to know what kids are saying off campus through social media somehow means the rules have changed, and you can punish them for what they say off campus,” Minnesota ACLU attorney Wallace Hilke said. “They punished her for doing exactly what kids have done for 100 years — complaining to her friends about teachers and administrators. She wasn’t spreading lies or inciting them to engage in bad behavior, she was just expressing her personal feelings.”

Not that it was any of the school’s business if she was spreading lies or inciting others to bad behavior. This phenomenon, where schools decide that they have a right to punish students for non-school activity, words and thoughts was discussed on Ethics Alarms, and condemned as unethical, here, here, here, and here, and more recently here.

Minnewaska Superintendent Greg Schmidt protested (the school settled without admitting any wrongdoing) that the school only wants to make sure kids understand that actions outside of school can be “detrimental.” “The school’s intent wasn’t to be mean or bully this student, but to really remedy someone getting off track a little,” Schmidt said. Not your job, you officious, censorious, child abuser. This is the sole realm of parental authority. I have seen enough wretched judgement from your breed, Mr. Schmidt—like (I’m picking examples randomly) here, here, here, here and here—to convince me and anyone with a cerebral cortex that school administrators lack the training, wisdom and judgment to know what “going of track a little” is for a 13-year old.

Stay out of my kids’ life and my family’s life. You have enough trouble running schools properly…work on that.

________________________

Sources: Daily Caller, ACLU, Minnesota Star Tribune

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What the hell is going on here?

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