Month: February 2014

The Right’s Unethical, Ignorant, Un-American And Dangerous Attack On Debo Adegbile

/ Jack Marshall / 61 Comments
"How can you trust him to head the Civil Rights Division of the Justice Department? He's a Lawyer!"

“How can you trust him to head the Civil Rights Division of the Justice Department? He’s a Lawyer!”

I don’t know much about Debo Adegbile, President Obama’s choice to head the Justice Department’s Civil Rights division. I know that he could hardly be more of a disaster than the current Attorney General, Eric Holder, and that the odds are that he would have to be much better. It may be that Adegbile is superbly qualified; it may be that he isn’t qualified at all. But I do know, with 100% certainty, that his representation of a convicted cop killer to seek to overturn his conviction is completely, absolutely irrelevant to his qualifications or character, and that for conservatives, Republicans and GOP Senators in Adegbile’s confirmation hearings to argue otherwise is both irresponsible and contemptible.

I first learned of this controversy from conservative radio host Mark Levin, who can really be an ugly hypocrite at times, and this was one of those times. Levin is a distinguished lawyer and an ethical one*; I refuse to believe that he does not comprehend ABA Model Rule 1.2 (b) or its importance to his profession. It reads:

“A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

This principle is essential to allow, not merely the justice system but the entire rule of laws in a democracy, to function properly, and any lawyer who cynically, unethically, and dishonestly undermines it is playing with fire. “It is a move,” writes  Prof. Jonathan Turley, “that strikes at the heart of the notion of the right to counsel and due process”—-but it is much more than that. If every citizen does not have full access to the laws of the land, the ability to use them to his own benefit and protection whatever his purpose, as long as it is legal, then this is not a government by the people and for the people, but rather a government of law-manipulating specialists and experts who bend ordinary citizens to their will through the use of complex, convoluted, jargon-riddled statutes and regulations that their victims can’t possibly understand. Continue reading →

Ethics Hero: Jerry Seinfeld

/ Jack Marshall / 32 Comments

One wonderful thing about extreme success combined with middle age is that you can, if you have the integrity, speak unpopular truths without caring who objects. Thus it was the Jerry Seinfeld correctly dismissed as irrelevant and misguided the suggestion that seeking racial and gender balance should be an objective in his comedy shows. In response to a question challenging his Web series, “Comedians in Cars Getting Coffee“as too white and male, the comedian said:

“People think it’s the census or something, it’s gotta represent the actual pie chart of America. Who cares? Funny is the world that I live in. You’re funny, I’m interested. You’re not funny, I’m not interested. I have no interest in gender or race or anything like that, but everyone else is, kind of with their little calculating, “Is this the exact right mix?” To me, it’s anti-comedy.  It’s more about PC nonsense than ‘are you making us laugh or not’.”

Exactly. Not that the race and gender bean counters will let Seinfeld escape with an explanation of such obvious common sense. Here’s Mediaite’s Tommy Christopher playing his full hand of gender, race, guilt and quota cards: Continue reading →

The 60 Minutes/Vanity Fair Lying Poll, For What It’s Worth, and That’s Not Much

/ Jack Marshall / 40 Comments
"Ummmm..."The Princess Bride"?

“Ummmm…”The Princess Bride”?

CBS and Vanity Fair—now there’s a pair—is out with a so-called poll on lying, which I offer for your amusement, and perhaps irritation. Among its “findings”:

  • Only 57% of those polled said they have never preferred to be lied to.
  • COMMENT: This makes no sense in light of the 2012 Presidential election.
  • Only 48% of the public knew which film “You can’t handle the truth!” comes from, and 29% couldn’t even hazard a guess. COMMENT: It’s comforting to know that the public isn’t any more educated in relevant popular culture than it is in more important matters.
  • More of those polled said they lie to their mother (17%) than lie to their boss (12%). COMMENT:  So much for “the Mom Test” ethics alarm, in which you test a considered action’s ethics  against your willingness to tell your mother about it. If you just lie to Mom about it, problem solved! Continue reading →

Ethics Quiz: How Do We React Ethically To THIS?

/ Jack Marshall / 72 Comments
"Oh, Naaaaancy! Naaaancy!

“Oh, Naaaaancy! Naaaancy!

Today,the Congressional Budget Office made this announcement, as reported by The Hill:

“The new healthcare law will cost the nation the equivalent of 2.5 million workers in the next decade, the Congressional Budget Office (CBO) estimated in a report released Tuesday. The nonpartisan agency found the healthcare law’s negative effects on the economy would be “substantially larger” than what it had previously anticipated. It said the equivalent of 2.3 million workers would be lost by 2021, compared to its previous estimate of 800,000. It also projected that labor force compensation would be reduced by 1 percent from 2017 to 2024 — twice its previous estimate — and that declining economic growth would add $1 trillion more to deficits.”

Well, of course. We, and by we I mean intelligent, objective people who pay attention to history and know how government programs work, knew this revelation, or some version of it, was coming along sooner or later. And yet, when the Affordable Care Act was being debated and railroaded through Congress–and that is a fair description of the strong-arm, gimmick-driven, dishonest and anti-Democratic manner in which  it was passed—critics who said the law would increase the deficit and the debt, not reduce them; that it would lose jobs, not create them, and that it would retard economic growth, not boost it were savaged by the media, commentators and Democrats, called obstructionists, cruel, liars and worse.

I particularly remember MSNBC’s Rachel Maddow, arguably the most credible of her far left colleagues, furiously railing, while serving as a reporter at the Republican National Convention, about the utter dishonesty of GOP speakers who kept saying—in defiance of the CBO projections, mind you!—that the AFA would increase the deficit, not reduce it. Chris Matthews, to give credit where it’s due, intervened and said, in essence, ‘Well, now Rachel, you have to admit that the record of big federal programs has not been good in this respect.’ No, she wouldn’t admit it. Continue reading →

Comment of the Day: “How People Rationalize Being Close-minded: A Case Study”

/ Jack Marshall / 101 Comments

battle-marvel

The Ethics Alarms resident humanist, Bruce, has filed a passionate brief condemning the sometimes rough debate on Ethics Alarms, and, in some ways, the blog itself. This is the latest volley in an ongoing thread that has jumped around from multiple posts: my fault, because I keep raising the issue in various ways. I would normally append some reactions at the conclusion of such direct criticism, but it’s a busy day, so I’ll have to put them in the comments to Bruce’s post later, with this exception.

The Ethics Scoreboard, which was not a blog but a website, embodied Bruce’s suggestion of radically fewer posts, more carefully considered and proofread. I am proud of a lot of the work there, but the format was limiting. The goal of Ethics Alarms is to try to inject ethical considerations into the national analysis and discussion of daily events, including politics, that need them but hardly ever receive them, because, sadly, most commentators are either uninterested or incapable of it.  The reason I chose a blog format is that these issues are time-sensitive, and if I am to have even a wisp of a chance of elevating the discussion and encouraging valid analysis of right and wrong, I have to strike quickly, or I might as well be writing about the ethics of the Spanish American War.

Jeffrey Field, my favorite Occupier who often weighs in here, periodically sends me a note that says “Slow down!”  I appreciate that, and take it to heart. Nonetheless, when the news media was (lazily? maliciously?) misrepresenting the meaning of David Wildstein’s lawyers’ letter regarding Chris Christie’s involvement in the George Washington Bridge affair, and I could find nobody who was pointing out what miserably unethical journalism this was, I had to write about it immediately—and, frankly, Ethics Alarms readers were ahead of most of the public. A little later, the New York Times, for example, had to tune down its characterization of the document.

I know my analysis is not always air tight, but I’m not trying to end discussions, but begin them. I wish I could do ten posts a day.

Here’s Bruce, and his Comment of the Day on the post “How People Rationalize Being Close-minded: A Case Study”: Continue reading →

How People Rationalize Being Close-minded: A Case Study

/ Jack Marshall / 173 Comments

close_minded

For “close-minded,” you can substitute ignorant, knee-jerk partisan, misguided, arrogant, stupid, reckless,naive, easily-manipulated, or just stubbornly wrong.

I owe Ethics Alarms expatriate Barry Deutsch for pointing me to this; on weekends I often check out the blogs and websites, and sure enough, on his own blog Alas! Barry was once again discussing the issue that was in part responsible for his contentious departure here—the issue of how comfortable on-line forums should be for participants. Though Barry has his own—typically nuanced, too-equivocal for my tastes—views on the topic, the post I want to feature is one he linked to, a blog called Apophemi. In a post about why the blogger avoids participating on the so-called “rationalist” forum “Less Wrong,” which appears to be a major source for the writers of “Big Bang Theory,” he argues for, as translated by Barry and others—he needs a translator—“safe places,” meaning web forums where certain ideas, topics and positions will not or cannot be discussed. He writes (I warned you, remember);

“I am reasonably confident (insert p value here) that this attitude is self-replicating among people who are accustomed to being at risk in a specific way that generally occurs to marginalized populations. (I cannot speak for people who may have a similar rhetorical roadblock without it being yoked to a line of social marginalization, other than that I suspect they happen.) This would mean that rewarding the “ability” to entertain any argument “no matter how ‘politically incorrect’” (to break out of some jargon, “no matter how likely to hurt people”) results in a system that prizes people who have not been socially marginalized or who have been socially marginalized less than a given other person in the discussion, since they will have (in general) less inbuilt safeguards limiting the topics they can discuss comfortably. In other words, prizing discourse without limitations (I tried to find a convenient analogy for said limitations and failed. Fenders? Safety belts?) will result in an environment in which people are more comfortable speaking the more social privilege they hold. (If you prefer to not have any truck with the word ‘privilege’, substitute ‘the less likelihood of having to anticipate culturally-permissible threats to their personhood they have lived with’, since that’s the specific manifestation of privilege I mean. Sadly, that is a long and unwieldy phrase.) Environments for discourse which do not allow/encourage what I’m calling “discourse without limitations” are frequently (that I have seen) trash-talked in the context of environments which do allow/encourage that type of discourse.”

I guess this would be “trash-talk,” then: Apophemi is rationalizing echo chambers, close-minds and intellectual laziness. Continue reading →

What A Hollywood Journalist Calls “Ethics”

/ Jack Marshall / 33 Comments
Listen to me, Roger, and I mean this in the nicest way: stick to gossip.

Listen to me, Roger, and I mean this in the nicest way: stick to gossip.

The Hollywood wagons are already circling around Woody Allen, accused—again, but now as an adult who can speak for herself—by Dylan Farrow of sexually abusing her when she was only 7 years old. Reading some of the statements issuing from Tinseltown, I am struck again by the ugly opposition any non-celebrity victim must face when accusing a powerful industry figure of wrongdoing. Luckily, many of the most vociferous defenders signal their desperation and their lack of basic comprehension of the issues, undermining their arguments.

Exhibit A is veteran Hollywood journalist Roger Friedman, who was quick to issue an article alleging, as he has for 20 years, that Dylan’s story is all part of a Mia Farrow plot to destroy innocent Woody. On his website, Friedman headlines his piece, “Mia Farrow Uses Close Pal Journalist in Woody Allen War: Writer of Latest Piece is Close Friend.” Friedman’s concept of what constitutes a “conflict of interest” is intriguing. His argument is that Times journalist Nicholas Kristof, who published Dylan’s open letter on his blog, is friends with Mia Farrow (Friedman implies that they are romantically involved while specifically saying that he isn’t implying it–his evident journalistic sliminess would undermine even a fair article, which this is not), and that this makes Dylan’s letter less credible. What he doesn’t explain, since he can’t, is why the same letter would be any more credible or reliable whether Kristof published it or someone else did. Continue reading →

NFL Commissioner Roger Goodell’s Super Bowl Deception

/ Jack Marshall / 33 Comments
"Well, I may not remember any of it, but the Commissioner says I'll life a long life..."

“Well, I may not remember any of it, but the Commissioner says I’ll live a long life…”

Today millions of Americans will gather around televisions, partying and cheering the spectacle of young men maiming and killing themselves for our entertainment pleasure during America’s most popular sporting event, the Super Bowl. An unknown but significant number of those athletes, we now know, are likely to be unable to recognize family members by the time they are 45, and several may take their own lives in despair.  Nonetheless, the official position of the National Football league is that all is well, and Commissioner Roger Goodell was touring the Sunday morning news shows to put out the propaganda claim that  pro football is good for everyone, even the players who accumulate concussions like the rest of us collect aggravation.

Presumably to appeal to the large proportion of the Super Bowl audience who know little about the sport, as well as the gullible fans who do, Goodell told Fox News Sunday host Chris Wallace (who, if he had the knowledge, wit and integrity,  should have stopped him and protested) in response to Wallace’s question about the NFL’s ongoing concussion scandal, that NFL players live longer and are on the whole healthier throughout their lives than the general population.

This is deception, and intentionally misleading.

Goodell is taking advantage of the fact that all the measures of the mortality of pro football players are flawed, which is why last year the NFL Players Union commissioned Harvard to do a 100 million dollar study of the health of ex-players and how to improve it.  The union claims that the average age of death of an ex-NFL player is 57 years, which would directly contradict Goodell’s claim.  This figure is supported by a 2011 study by the University of North Carolina, as well as insurance company actuarial statistics.

The figure, however, seems statistically unlikely.  Measuring the life expectancy of any group of adult men, even those engaged in risky behavior, will yield an average life expectancy that is better than the general population. Why? Because men in the general population die as infants, children, young adults, and before they would be old enough to play football. Thus the NFL and defenders of the brutal game continue to promote the 2012 study that found that NFL players outlive the general population. If accurate—and the players find the study difficult to believe, as do I—it can be argued that this study is also flawed. It compares apples—strong, affluent, college educated upper-middle class men—to oranges–everyone else, including the poor, unemployed, uneducated and poorly nourished. Attempting to get around this problem, one blogger compared the deaths of NFL players to other celebrities whose death notices were prominently published. His conclusion: there was no denying the fact that pro football players appeared to die sooner that non-football players from the same general class, but there was no justification to believethe mid-fifties mortality figure.

So do we know how much playing pro football lowers life expectancy, or even if it does? No….and neither does Roger Goodell. The studies are in conflict. However, we do know that a disproportionate number of the players who may live well into their golden years will do so unable to think clearly, remember their children’s names, or care for themselves, because they accepted big paychecks to allow their brains to be permanently bruised and catastrophically damaged. I don’t call that living or being healthy, and Goodell shouldn’t pretend that it is, or cite as fact what is a disputed contention at best.

Playing pro football isn’t good for you, and if the studies ultimately prove that ex-NFL players are really likely continue breathing as long as the rest of us despite their brain injuries, that just helps us understand why they have been killing themselves.

_________________________

Sources: CP24, Boston.com, Lotsa ‘Splaining, USA Today, Forbes

Ethics Hero: Dylan Farrow (and Observations On Her Open Letter To Woody Allen’s Fans)

/ Jack Marshall / 55 Comments

dylan-farrow

Dylan Farrow was 7 years old when, she alleges, her adoptive father Woody Allen began sexually molesting her. Although this became the focus of the legal and public relations battle between her mother, actress Mia Farrow and Allen as their once romantic and domestic relationship—-already destroyed by Allen’s courtship, seduction and marriage of Dylan’s older, also-adopted sister Soon Yi—exploded onto the scandal sheets more than 20 years ago, the now-married Dylan has never spoken out about it herself, though her mother and other siblings have. Allen avoided any criminal charges despite an investigation that found probable cause, and his popularity among film-goers and his stature in Hollywood seemed to be undamaged. Last month, however, a lifetime achievement award at the Golden Globes (accepted by a fawning Diane Keaton) re-opened the unhealed wounds for the Farrows, and Allen’s Oscar nomination last week for his original screenplay for “Blue Jasmine” was apparently too much.

Now Dylan Farrow has decided to tell her own story, and has done so in open letter form, published on the blog of New York Times columnist Nicholas Kristof.

I ask that you read it now, here, before you read anything else. Her courage in writing this powerful statement earns the right to have it received on its own terms.

Observations: Continue reading →

Facebook’s Promote Policy: Annoying And Perhaps Stupid, But Unethical?

/ Jack Marshall / 19 Comments

Zuck34_fbblue2

I have been wading through the many online complaints about Facebook’s  aggressive policy, begun in earnest back in 2012, of reducing the number of “friends” a Facebook user’s posts reach (by about 85%) and then charging the Facebook user a fee to reach more of them. Frankly, as a less-than-intense Facebook user who necessarily spends most of his web-content time running a blog, I didn’t even pay attention to the “promote” button, and wasn’t even aware of the change. The Facebook revenue-generating move is described here and here, but what happened is pretty simple  and easy to understand. Having sucked a lot of people, groups and businesses into using their free service to reach family, friends, like-minded souls and potential customers, Facebook then changed the rules and is now charging for them to get the same reach that was free for quite a while. Is this unethical?

Some, indeed many, think so. Here is the New York Observor:

“This is a clear conflict of interest. The worse the platform performs, the more advertisers need to use Sponsored Stories. In a way, it means that Facebook is broken, on purpose, in order to extract more money from users. In the case of Sponsored Stories, it has meant raking in nearly $1M a day.”

This is Dangerous Minds, in a widely circulated attack on Facebook called “I want my friends back”:

“It’s perhaps the most understated stick-up line in history, worthy of a James Bond villain calmly demanding that a $365 million dollar ransom gets collected from all the Mom & Pop businesses who use Facebook. How many focus groups do you reckon it took until Facebook’s highly paid marketing and PR consultants finally arrived at such an innocuous phrase for describing information superhighway robbery?”

Robbery? Conflict of interest? A hold-up? Bait and switch? This is the kind of tantrum that shows how easy it is for unscrupulous politicians to use the profit motive, free enterprise and capitalism as cheap scapegoats for every problem under the sun, all the better to build support for a massive, all-powerful government that will make everything right, and ensure that we all have lollipops and rainbows regardless of talent, effort, hard work or the cruel turns of fate.* Facebook created this service millions use for free—how dare the bastards try to make money out of their ingenuity and enterprise? Don’t we all, in a real sense, own Facebook? Shouldn’t we? Continue reading →