privacy

“ARRGHHHHHHHHH!!!!” Is This Wrong?

/ Jack Marshall / 15 Comments

"I'd be so very appreciative if you resolved not to contact me again!"

Some years ago, a person in my household who shall not be named made the mistake of buying some drugs off the internet. Now, with ever-increasing frequency, we receive calls from illicit on-line pharmacies. all hours of the day, sometimes one after the other. Telling them not to call doesn’t work; telling them we are going to report them doesn’t work. I have warned the callers of dire consequences to future callers, and now have to find some actual consequences to inflict.

My new practice, when they reveal who they are and their purpose, is to  give a blood-curdling, high-pitched scream directly into the phone, as loud as I can make it. I am certain this is startling (I have a great scream), and I hope it is painful. I would not be sorry to learn that it bursts an eardrum or seven.  Plan B…an airhorn.

Is this unethical?

Comment of the day: “It Has Come To This”

/ Jack Marshall / 3 Comments

JC comments in response to “It Has Come to This,” the recent  post about a school suspending a student for the non-bullying, non-threatening, non-defamatory content she wrote to friends on her personal Facebook page in the privacy of her own home. JC apologetically calls it a rant; I don’t think it is. He is providing useful context for the school’s abuse of its power, and illuminates how we got to this unfortunate place, where parents abdicate to the schools, and the schools open the door for government intrusion into our homes and families.

“…Do schools have a legitimate concern? After Columbine, Red Lake, etc. I can understand why schools would be concerned about online postings discussing murder. Often the shooting is mentioned before hand in an online post. How to prevent this school shootings? School officials think that paying attention to students online activities (whether at school or at home) is the answer. There is a world of difference between the student saying I wish teacher X was dead and saying I am going to bring three guns to school and here is the plan on how I am going to carry out my attack. School officials seem to view that difference as a fine line that they would rather be on the safe side of.

“Rant warning. Just so you know.” Continue reading →

It Has Come to This

/ Jack Marshall / 12 Comments

…Well, your kids, anyway. But you’re next.

Rundlett Middle School has suspended  a 13-year-old Concord, New Hampshire girl for posting on her Facebook page that she wished Osama bin Laden had killed her math teacher.  Many of the stories published about the incident close with the statement,  “School officials say they can’t comment on the case because of privacy concerns.” While I suppose I should be relieved that they are still concerned about some privacy issues,  their respect for privacy generally leaves a lot to be desired.  So does their respect for basic constitutional rights…but they aren’t the only ones.

The post was stupid, and so what? The teacher was not placed in any jeopardy (Osama is dead, no matter what the school might have heard); no student was bullied (not that this would justify the long arm of the government reaching into the child’s bedroom either); nobody was defamed.    Kimberly Dellisola, the girl’s mother, has told the press the punishment was “too harsh.” Would somebody please tell Kimberly that the school has no business punishing her child at all? That’s Kimberly’s job, or at least was, until schools decided to take over policing what children do, write and say in their own homes. Continue reading →

Comment of the Day: “The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price”

/ Jack Marshall / 8 Comments

The motion to vacate Judge Walker’s ruling on Proposition 8 has been filed, you can read it here. Since the original post, I have detected some cracks in the formerly near-united front of legal ethicists and journalists deriding Walker’s critics. Some of them are finally, grudgingly, admitting that the Judge might not have handled his potential conflict so well after all, and that the motion is not a frivolous, anti-gay outrage as they originally labelled it.  The most rickety of the rationalizations put forth on Walker’s behalf, advanced by some his most respected defenders, is that he had no obligation to reveal his own sexual orientation by disclosing his domestic arrangement because of its intimate and private nature. Yet the judge voluntarily disclosed it after his decision was in the books, raising a rebuttable presumption that his original silence was to avoid suggestions of conflict, not out of a desire for privacy.

First time commenter Jada adds her Comment of the Day to the discussion: Continue reading →

Colorado’s Adultery Dilemma

/ Jack Marshall / 66 Comments

Relax! It's OK...you're in Colorado!

In most states, adultery is one of the great examples of how something can be wrong and destructive without being illegal, a useful concept to have in mind when a corrupt politician or a crooked corporate executive  says “I didn’t break any laws!” It is also a good example of unethical conduct that is better controlled by ethics than law. A law against adultery is theoretically defensible as a deterrent of harmful social conduct, and the state definitely has an interest in preserving family stability. The problem is that regulating offenses triggered by love, lust and romance feels excessively intrusive to most of us. It has overtones of the Plymouth colony. For better of worse, minimizing adultery belongs in the realm of ethics, not the criminal law. Continue reading →

The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price

/ Jack Marshall / 38 Comments

"Oh, all right...as long as we like the decision."

Thanks to the Judge Walker controversy, now have proof that the best legal ethicists in the nation are human. I suppose that’s something.

My colleagues in the legal ethics field are arguing—decreeing, really— that Judge Vaughn Walker’s decade-long same-sex relationship didn’t need to be disclosed before he ruled against Proposition 8 (California’s voter-approved gay marriage ban) because, they say, it created no reasonable doubts about his impartiality. Coincidentally, they also really, really like his decision. But then, so do I. Continue reading →

Judge Walker Was Wrong

/ Jack Marshall / 27 Comments

Now that we know about Bert, should Judge Ernie have recused himself?

Judge Vaughn Walker, the Federal District judge who a year ago ruled California’s Proposition 8, which banned same-sex marriages, unconstitutional, was wrong. No, not about the law, which is pretty clearly unconstitutional: his opinion was fair and well-reasoned, and is likely to be upheld on appeal. Walker was ethically wrong in his handling of the delicate issue of his own sexuality, which had raised a controversy about his objectivity and ability to be impartial.

Two weeks ago, following his retirement from the bench, Walker publicly disclosed for the first time that he has been in a same-sex relationship for the past ten years. This changes the analysis regarding the propriety of his ruling on Perry v. Schwarzenegger. Walker had long been rumored to be gay; supposedly “everybody” knew he was gay. My position, as well as that of many others considering the arguments of anti-gay marriage opponents that he should recuse himself, was that sexual orientation could not and should not create a presumption of bias, any more than gender, age, race or marital status. Continue reading →

Unethical Website of the Month: Facebook Event—“If Boehner shuts down the government I am taking my trash to his house”

/ Jack Marshall / 2 Comments

Hypothesis: If you can't persuade your adversary he is wrong, dump this on his lawn.

Two guys who shouldn’t be allowed out of the house, or near a laptop, without adult supervision have launched an unethical Facebook event, entitled “If Boehner shuts down the government I am taking my trash to his house.” See, if the federal government shuts down, one of the District’s services that will stop is trash pickup. Clever boys.

The organizers of the event are Jonah Goodman, who is listed in the Democratic National Committee network and Nolan Treadway, the political and logistics director for the liberal group Netroots Nation, lead off their “event” announcement saying that… Continue reading →

What Your Boss Shouldn’t Ask You To Do

/ Jack Marshall / 32 Comments

"And I won't dress like that, either!"

Reading all the comments from readers who think sick children and their mothers have the right to demand our time and attention, no matter what our own needs and responsibilities may be, made me think again about a persistent issue in the workplace. What constitutes a reasonable and fair request from an employer to his employees, other than to do their jobs diligently, honestly and well?

I have encountered this issue several times in my career, and it impeded that career, such as it is, more than once. For example, I do not believe that an employer can tell you, or even ask you, to participate in a charity of the employer’s choosing. He, she or it cannot demand that you spend your weekends painting the houses of the poor, either. Nor is it ethical for an employer to make you play softball or climb mountains under the bizarre conviction that these activities improve office performance. Continue reading →

Final Ethics Verdict on TSA’s Feel-Up Pat-down

/ Jack Marshall / 3 Comments

I was flying this week, and the security procedures were smoother than ever. Now I am certain that my molestation at check points last year was unethical, and have sufficient evidence to conclude that it was based on government incompetence and willful disregard for my comfort, dignity, and rights.  I am also wondering, more than ever, if the ardent, supposedly liberal defenders of the indefensible feel-up pat-downs have learned anything about the dangers of blind government obeisance and partisan loyalty. I hope so.

The saga so far: Continue reading →