More on “The Atheist, the Graduation, and the Prayer”

Damon Fowler, School Adminstrator-In-Training?

Either by design, bias, or because I was not sufficiently clear (always a distinct possibility), a lot of readers seem to have misunderstood the central principle in my post about Damon Fowler, the Louisiana high school senior who singled-handedly bluffed his school out of including a prayer in his graduation ceremonies. Let me clarify.

The post is only incidentally about atheism vs. religion. The ethical issue arose in that context, but it just as easily could have been raised in other circumstances. The ethical values involved here were prudence, tolerance, self-restraint, proportionality, consideration, generosity, and empathy. Fowler’s actions assumed that preventing what he believed was a violation of the Constitution’s prohibition on the government favoring one religious belief over another justified ignoring all of these. They don’t, and the same conclusion applies whether we are discussing a technical legal violation, a breaching of organizational rules, or personal misconduct.

Anyone who reads Ethics Alarms knows that I believe that the culture only becomes and stays ethical if all its participants accept the responsibility of flagging and, when necessary, condemning and stopping harmful societal conduct, as well as unethical personal conduct that will be toxic to society if it becomes the norm. Nevertheless, society becomes oppressive and intolerable if every single misstep, offense, violation, possible violation, arguable violation or mistaken judgment is cause for confrontation, conflict and policing, without regard for context and consequences. Indeed, much of the challenge in ethical analysis involves deciding what kind of misconduct matters, even once the question of whether something is misconduct has been settled. Continue reading

The Atheist, the Graduation, and the Prayer

Is an atheist high school student who single-handedly blocks his school from having a prayer at graduation a hero or a jerk?

Well, neither. He’s a high school student. But he’s growing up to be a jerk. Perhaps even… a fick!

Pray for him….no, wait. Scratch that.

Here’s the story in Damon Fowler’s own words:

 “My graduation from high school is this Friday. I live in the Bible Belt of the United States. The school was going to perform a prayer at graduation, but due to me sending the superintendent an email stating it was against Louisiana state law and that I would be forced to contact the ACLU if they ignored me, they ceased it. The school backed down, but that’s when the shitstorm rolled in. Everyone is trying to get it back in the ceremony now. I’m not worried about it, but everyone hates me… kind of worried about attending graduation now. It’s attracted more hostility than I thought.

  “My reasoning behind it is that it’s emotionally stressing on anyone who isn’t Christian. No one else wanted to stand up for their constitutional right of having freedom of and FROM religion. I was also hoping to encourage other atheists to come out and be heard. I’m one of maybe three atheists in this town that I currently know of. One of the others is afraid to come out of the (atheist) closet. Continue reading

Unethical Quote of the Week: Wrongly Imprisoned Victim John Thompson

“I don’t think training would have had anything to do with nothing really, to be honest with you, because you could have trained them and they would still do it. You need to punish them for doing it, then they won’t do it.”

John Thompson, who was wrongly and illegally convicted of murder in Louisiana and spent 14 years on death row because prosecutors withheld exculpatory blood evidence from his lawyers and his trial. His civil suit against the prosecutor’s office, run by Harry Connick, Sr. (yes, the singer’s father) for millions in punitive damages, on the theory that the prosecutors who framed him were inadequately trained, was overturned last week by the U.S. Supreme Court.

This statement apparently was made by Thompson last October, when the Supreme Court took the case, and I missed it. It surfaced again this morning in a Washington Post editorial calling for harsher punishment for prosecutors who violate the rights of accused suspects and send innocent people to prison or execution. The Post has never been more right, and the $14 million originally awarded to Thompson by an appalled jury for his ordeal is still inadequate compensation for the 18 years he spent behind bars because of a prosecutor’s dishonesty.

But the theory used to get Thompson his money—that the tragedy would have been prevented if Connick’s office hadn’t been negligent in training its lawyers in prosecutorial ethics—was a sham, and deserved to be rejected by the Court, no matter how much Thompson deserved the money, or indeed, ten time the money. Continue reading

Ethics Heroes: The U.S. Supreme Court

As the perfect tonic for all the attempts to silence Gilbert and Sullivan songs with controversial lyrics, reject bus ads espousing controversial positions, and declare that words like “target” are just too darn inflammatory for the sensitive, politically-correct ears of CNN viewers, here comes the U.S. Supreme Court, galloping to the rescue with a near unanimous (8-1), ringing reaffirmation that free speech is a bastion of American democracy, even when the speaker or speakers are vicious, unfair, cruel, radical and deluded. Continue reading

Unethical Quote of the Week: President Obama

“Some of what I’ve heard coming out of Wisconsin, where they’re just making it harder for public employees to collectively bargain generally, seems like more of an assault on unions. I think everybody’s got to make some adjustments, but I think it’s also important to recognize that public employees make enormous contributions to our states and our citizens.”

—-President Obama, commenting on Wisconsin’s budget balancing measures, which will include ending collective bargaining by some public employee unions.

"Ladies and gentlemen...The President of the United States!"

This an abuse of power. No doubt about it.

For all his vaunted intellect, the President has displayed a stunningly flat learning curve in acknowledging and respecting the limits of Presidential influence, otherwise known as “sticking your nose where it doesn’t belong” or “shooting of your mouth about something that is none of your damn business.” In less than three years in office, he has… Continue reading

Schemes, Slander and Deception: The Most Unethical Maneuvers of Campaign 2010

Well, I have to admit they were creative. And despicable.

2010’s most unethical maneuvers ran the gamut from lying to zombie exploitation, from false identity to extortion. Unfortunately, most of the worst stunts were pulled by or on behalf of Democrats; I say unfortunately because I try awfully hard to keep these kinds of lists in partisan balance. But the Democrats and their progressive fans were especially slimy this time around, and it it figures. When the going gets tough, the tough get unethical, and it is the Democrats who are facing ballot box carnage. They have been pushing the envelope, to say the least, in their campaign tactics, and I think it probably made their situation more dire rather than less.

Here, in reverse order of ethical outrageousness, are the Ten Most Unethical Maneuvers of Campaign 2010: Continue reading

The Supreme Court Rejects a Bad Argument

The U.S. Supreme Court has turned down the appeal of Massachusetts prison inmates who argued that the 1964 Voting Rights Act guaranteed them the right to vote. Continue reading

The Training Myth and Connick v. Johnson

The U.S. Supreme Court is deliberating on the issue of whether a District Attorney’s office can be held liable when individual prosecutors commit serious misconduct, on the grounds that the government breached its duty to train its prosecutors and ensure their competence. The case is Connick v. Thompson, and it began when it was discovered that a New Orleans man had been sent to Death Row for 18 years for a crime he hadn’t committed. John Thompson was innocent, and a lab report proving that the blood found at the crime scene belonged to someone else would have proven it. Prosecutors withheld the evidence from the defense attorneys.

When Thompson was freed he was understandably angry, but the options for redress when the criminal justice system ruins your life are severely and unjustly limited. In 1976, the Supreme Court decided in Imbler v. Pachtman that prosecutors have absolute immunity from lawsuits, even when there is genuine, malicious and illegal conduct. The Court acknowledged that its ruling “does leave the genuinely wronged defendant without civil redress against a prosecutor whose malicious or dishonest action deprives him of liberty,” but declared the alternative was worse: making prosecutors timid and fearful of making a mistake that could leave them penniless. The Court suggested that professional discipline would be enough to keep prosecutors honest, but that hasn’t been the case: a USA Today study found that even in egregious cases of prosecutorial misconduct, attorneys who put innocent people in jail almost never had to endure any punishment at all. Thompson sued the District Attorney’s Office on a theory of negligent training, and won 14 million dollars from a sympathetic jury. Now the Supreme Court is deciding whether such suit can stand in light of the ruling in Pachtman.

It should, but the theory behind the lawsuit is a myth, and I suspect that everyone knows it. Continue reading

Summer Rerun: “Ending the Bi-Partisan Effort to Destroy Trust in America”

[TV is full of reruns these days, and sometimes I am grateful for them, for it gives me a chance to see episodes of favorite shows I had missed for some reason or another. Back in early March, I posted the following essay about the origins of America’s current crisis of trust in our government, and how it might be cured by our elected leaders. Since then, the crisis has deepened, and as I was doing some routine site maintenance, I reread the post. It is still very timely (unfortunately), and since far fewer people were visiting Ethics Alarms in March, I decided to re-post it today, with just a few minor edits. I promise not to make this a habit. Still, trust is the reason why ethics is so important in America: if there is a single post of the more than 700 I have written here since October 2009  that I would like people to read, this is it.] Continue reading

Ethics Hero and Ethics Quote of the Week: Sen. Lindsey Graham

Sen. Lindsey Graham (R-S.C.) delivered the following remarks as the Senate Judiciary Committee voted in favor of President Obama’s nomination of Elena Kagan to the Supreme Court. Obviously Ethics Alarms approves of Graham’s vote and reasoning, as it is consistent with what I believe is the most ethical, fair and responsible course for all Republican senators. His statement, however, is extraordinary in its appeal to the best instincts of ethical public servants, and rather than just a link (the text comes from The Hill), I think proper respect and admiration dictate a full presentation. It embodies fairness, civility, professionalism. respect and dignity, as well as the ideals of collaborative government. When he concluded, Democratic Sen. Dick Durbin said, “During the course of his statement, I reflected on some of the things that I have said and how I’ve voted in the past and thought that perhaps his statement suggested there was a better course for many of us to consider in the future.”  The chances of such a course actually being followed would have been vastly increased, of course, if some of Graham’s colleagues shared his courage and integrity. Still, it is a start.

Here is what Sen. Graham said: Continue reading