Viola Davis

Morning Ethics Heat-Up, 5/18/2022: More Judicial Review And Lies

/ Jack Marshall / 22 Comments

Because I was otherwise obsessed, I missed noting yesterday a true landmark in law and ethics. It was that date in 1954 when a unanimous the  Supreme Court handed down the unanimous decision in Brown v. Board of Education of Topeka, ruling that racial segregation in public schools was unconstitutional. Linda Brown, a young African American girl had been denied admission to her local elementary school in Topeka, Kansas, because of the color of her skin.

Written in 1896 as the KKK roamed the South, the SCOTUS ruling in Plessy v. Ferguson held that “separate but equal” accommodations in railroad cars conformed to the 14th Amendment’s guarantee of equal protection. Plessy was interpreted as justifying segregation in everything from buses to water fountains to elementary schools. The white school Brown attempted to attend was far superior to her the segregation-mandated alternative and miles closer to her home, so The National Association for the Advancement of Colored People  took up Linda’s cause. Thurgood Marshall led Brown’s legal team, and on May 17, 1954, Plessy was overturned after 58 years as “the law of the land” despite the siren call of stare decisus. The opinion written by Chief Justice Earl Warren declared that “separate but equal” was an unconstitutional doctrine in ringing terms: “We conclude that, in the field of public education, the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.”  A year later, the Supreme Court published guidelines requiring public school systems to integrate “with all deliberate speed.”

1. Prudent and responsible, if not courageous. Speaking of SCOTUS, newly confirmed Justice-in-Waiting Ketanji Brown Jackson sat for an interview by the Washington Post and was asked about the leak of Justice Alito’s draft opinion in the Dobbs abortion case. Conservative media was triggered by this section:

Q: What was your response when you when you saw the draft leak [of a Supreme Court opinion that would strike down Roe v. Wade]?

A: Everybody who is familiar with the court and the way in which it works was shocked by that. Such a departure from normal order.

Q: Do you think it was a good thing or a bad thing?

A: I can’t answer that.

Q: What do you think about peaceful protests outside of Supreme Court justices’ homes?

A: I don’t have any comment.

Charles Cooke at the National Review writes, “This ranges from somewhere between cowardly and sinister, much like the failure of the justices to issue a joint statement that echoes the chief justice’s condemnation of the leak and statement of determination to identify the leaker, and that condemns the protests, which violate federal law.”

Wrong. SCOTUS justices should not issue opinions on such matters. Her statement that the leak was a breach of the normal order was factual, and breaches of normal order in any institution are unethical. She was right to go no further. As for the demonstrators, some of them may be arrested at some point, and a statement by a Supreme Court Justice regarding their conduct could interfere with a fair trial.

Her responses give me more reason to trust Jackson’s judgment, not less.

Continue reading →

2017 Oscar Ethics Post Mortem

/ Jack Marshall / 37 Comments

There were more ethics-related events and issues at the last night’s Academy Awards than usual, and that’s an understatement;

1. Jimmy Kimmel, the Oscars’ designated Johnny Carson this time around, automatically gave the ceremonies the stench of ethics blindness by his very presence. Kimmel, as this site has documented, delights in provoking parents to be cruel to their young children so he can present YouTube videos of the kids’ despair for his audience’s amusement. Kimmel, of course, being bereft of shame or decency, was the perfect choice to execute the Academy’s second most important mission of the night, which was insulting the President of the United States in an international broadcast. He did not fail his dark masters. One well-publicized “quip”:

“Maybe this is not a popular thing to say, but I want to say thank you to President Trump. Remember last year when it seemed like the Oscars were racist? That’s gone, thanks to him.”

Actually, the Oscars are racist, or at least racially biased, as we shall see, and there is proof. I’d like Jimmy to show me the evidence that the President is racist, however, other than the “resistance” talking points he gets in his e-mail.

2. More Kimmel: in a typical Kimmel “human beings are just props to me!” bit, he arranged for a group of unsuspecting tourists to be taken on a Hollywood bus tour that ended up at the Oscars.  The group was escorted through the back doors of the Kodak Theater with no idea what was in store, as  Kimmel had the house lights turned down. When the tourists—Awww, ordinary slobs! Look, Meryl! The little people!”—opened the doors to the stage, the lights came up and all the stars shouted, “Mahershala!” The tourists’ shocked, ope mouthed expression were broadcast live to the world, as their Hollywood betters laughed.

This is called exploitation, and using unconsenting human beings as a means to an end.  Jimmy thinks its funny. Kant didn’t. I think it’s sometimes funny, and always unethical. Candid Camera asked for written consent before broadcasting its victims’ amusing reactions to gags like this.

3. Mel Gibson, justly nominated for his direction of “Hacksaw Ridge,” which also was nominated as Best Picture, sat up front. The Daily Beast tweeted “For Shame!” when the film won a statuette for editing, which it deserved. Let’s see: the theory is that the talented film editor should be snubbed for his work because Mel Gibson is an anti-Semite?  Yes, that’s the theory. The Beast’s Amy Zimmerman wrote a pre-Oscar hate piece on Gibson, which really and truly contained these two sentences:

Hacksaw  tells the story of Desmond Doss, a conscientious objector who enlisted as a battlefield medic during World War II. Of course, any drama that Gibson directs pales in comparison to his own behind-the-scenes odyssey: the story of an odious individual who, after years on the outskirts of Hollywood, has somehow managed to fight his way back into the mainstream.

That’s right: Amy Zimmerman thinks that the story of a religious man who volunteered to serve as a combat medic despite refusing to carry a rifle and who saved 76 wounded soldiers by dragging them to safety under enemy fire by lowering them, one by one,  on a rope device he improvised on the spot, thus winning the Medal of Honor, pales in comparison to Mel Gibson’s PR problems.

Have some damn respect for those who did risked their lives incredible things so hacks like you can write garbage like that and be paid for it, you stupid, stupid fool. Continue reading →