Tinker v. Des Moines Independent Community School Dist.

Stop Making Me Defend the Supreme Court!

/ Jack Marshall / 38 Comments

Almost a year ago, Ethics Alarms discussed the case of Liam Morrison (above), a seventh grader who was told that his “There are only two genders” T-shirt was inappropriate as school attire. A three-judge panel of the U.S. Court of Appeals for the 1st Circuit upheld a District Court decision from 2023 that the Nichols Middle School in Middleborough, Massachusetts didn’t violate Liam’s First Amendment rights by telling him to change his shirt.

Chief Justice David Barron, writing for the Court, concluded that “the question here is not whether the t-shirts should have been barred. The question is who should decide whether to bar them – educators or federal judges.” He continued, “We cannot say that in this instance the Constitution assigns the sensitive (and potentially consequential) judgment about what would make ‘an environment conducive to learning’ at NMS to use rather than to the educators closest to the scene.”

I wrote, in a post agreeing with the decision both ethically and legally,

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Ethics Quiz: The Offensive… Wristband?

/ Jack Marshall / 21 Comments

Apparently a biological male who “identifies as female” plays on the Plymouth Regional High School girls’ soccer team in New Hampshire. When the team played its regional rival Bow High School, some Bow parents, protesting the presence of the player whom they regarded as a danger to the born-female players on the Bow team, wore wristbands like the ones above as a silent protest. The Bow High athletic director had told concerned parents before the contest that “in the wake of a federal judge’s ruling that the term ‘girl’ includes males who identify as female,” he felt he was powerless. (He’s a weenie. If he agreed with the parents, he could simply have his team refuse to play the Plymouth team, accept the consequences, and raise the issue.)

When the parents’ “XX” bands appeared at the game, school officials stopped the soccer match, ordered the parents to remove the wristbands, and even “issued [a] police-enforced ‘No Trespassing order’” against two parents who refused.

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Morning Ethics Wake-Up Call, May 4, 2024: Campus Anti-Semitism Edition

/ Jack Marshall / 14 Comments

I’d say anyone celebrating Star Wars Day today (“May the Fourth be with you!”) on this May 4 needs to get out more.

In addition to being a day that promises further depressing developments on college campuses as the decades of progressive, anti-American, and Marxist indoctrination have their predictable (and probably intentional) consequences—though somehow the ivory tower revolutionaries in charge of those campuses were oddly unprepared for them!—this date has an ominous history.

The Vietnam protests reached their violent zenith with the National Guard shooting four Kent State students on May 4, 1970, a tragedy eerily reminiscent of the Boston Massacre. I’ve been surprised that there hasn’t been a student fatality in the current unrest yet: as always, the protest organizers are hoping for one to “radicalize” the campuses. Another development that seems inevitable is a terrorist attack in support of Gaza and Hamas. Today is a date that portends that, too: during a huge labor protest at Haymarket Square in Chicago, Illinois on May 4, 1886, a someone threw a bomb among the 200 police officers attempting to break up the demonstration. Police then started shooting at the pro-labor crowd, killing more than a dozen protestors and wounding nearly a hundred, several people in the crowd and injuring dozens more. The protest had been organized by pro-labor activists to protest (and exploit) of the killing of a striker by the Chicago police the day before, and about 1,500 workers participated. That episode galvanized both the labor movement and the progressive movement that produced Teddy Roosevelt, Eugene V. Debs, Clarence Darrow, and Woodrow Wilson.

The anti-war rioting at the Democratic National Convention in 1968 also took place in Chicago, and where do you suppose the Democrats are holding their nominating convention this year? If nothing else, you can accuse the party of being superstitious. That call is the equivalent of naming a new cruise ship “Titanic.”

But wait! There’s more! On May 4, 1994, then Israeli Prime Minister Yitzhak Rabin and PLO Chairman Yasser Arafat reached an agreement in Cairo on Palestinian self-rule, following the Oslo Accords signed in Washington, D.C. on September 13, 1993. The agreement acknowledged Israel’s right to exist! Israeli agreed to withdraw from most of the Gaza Strip and the West Bank town of Jericho, all land won by Israel during the Six-Day War of 1967 when the Arab nations collectively tried to wipe Israel off the map. The Palestinians agreed to avoid terrorism and maintain peace. and prevent violence in the famous “land for peace” bargain. The agreement transferred authority from the Israeli Civil Administration to the newly created Palestinian Authority, its jurisdiction and legislative powers, a Palestinian police force and relations between Israel and the Palestinian Authority.

Sounds promising, no? Almost immediately after the Israeli military withdrawal, the Palestinians began attacking Israel and its civilians. The periodic terrorism continued: there was never real “peace.” The promise to accept Israel’s right to exist was just words. Seven years later came the “Second Intifada” in 2000, a violent Palestinian uprising against Israel that left over a thousand Israelis dead and thousands injured. The schism was complete when the Palestinians elected the openly terrorist organization Hamas to lead Gaza in 2006. The fable of “The Scorpion and the Frog” comes to mind.

I wonder how many of the campus protesters are conversant in this history?

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Will Someone Please Explain To Me Why A School Board Would Settle This Case?

/ Jack Marshall / 8 Comments

The settlement was for the defendant school board to pay the grand total of $101 toformer student Brielle Penkoski three years after she was sent home from the Livingston Academy public high school (in Tennessee) for wearing the shirt above. Not surprisingly, the mainstream media hasn’t carried this story, as damages that tiny are considered symbolic at best. However, the fact that the defendant paid at all is symbolic, and from my viewpoint, it symbolizes a misreading of the First Amendment.

Yeah, yeah, the settlement came with the typical boilerplate language stating that the result comes “without acknowledgement of wrongdoing on the part of any party or the agents or employees of any party, which wrongdoing is expressly denied.” But Christian Right publications and websites are cheering the result—the school board will also pay the plaintiff’s attorney’s fees and costs—as vindication.

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Everything About This Story Is Discouraging: The Carrollton Video [Corrected]

/ Jack Marshall / 91 Comments

Chapter I: In Georgia, two Carrollton High School  seniors made a truly cretinous video. Filmed in a bathroom, the male and female students students pretend to be doing a   cooking show as they pour cups of water into the sink.

Showing their faces in the mirror, she announces, “Hey, today we’re making…”as the  camera aims at the sink where there’s a piece of notebook paper with “niggers” written on it. The male student intones the word. The male student lifts cups of water and pours each one into the sink, over the paper. Under each cup is a piece of paper with the name of an “ingredient” written on it, which the young woman reads.

“First we have ‘black,'” she says. He then pours the cup of water into the sink over the paper with the slur. “Next we have, ‘Don’t have a dad!'” Other ingredients include “eating watermelon and fried chicken” and “rob people.”

“Specifically whites,” guy adds as he refills the “robs people” cup over and over using the sink tap.  One cup labeled “make good choices” is empty. The couple  feign surprise over the cup having nothing in it.

Once their opus was complete, the couple was so proud that they posted it online.

Why this is discouraging: In what alternate universe would anyone from the age of seven up think something like that would be acceptable to publicize? What kind of polluted culture is being fostered in Carollton? What are they teaching in the schools?

Even passing on that, how could anyone be so stupid as to think posting an overly racist video wouldn’t have serious consequences? Again, who is teaching critical thinking in that community? What have the parents been doing for 17 years, getting stoned? Continue reading →