The Rams’ “Hands Up!” Gesture: Of Course The Players Deserved be Disciplined

rams protest 1201

The five St. Louis Rams who entered their NFL game last week with their hands up aren’t going to be disciplined by the league, for reasons that have nothing to do with the appropriateness of their conduct. The NFL is up to its faceguards in bad public relations already, and understandably wants to avoid wading into the Ferguson quagmire and being perceived to be taking sides, a move with no up-sides at all. Sportswriter Sally Jenkins also took issue with the St. Louis police demanding that the players be punished, in an emotional statement that seemed to threaten vague consequences if they were not. She was right to point out that government entities may not use threats of non-performance of their duties to members of the public in order to control their speech, like, say, the Federal government is doing now to try to force Dan Snyder to change the name of his Washington, D.C. NFL team.

Jenkins’ conclusion, however, was an ethics mess:

“Five members of the St. Louis Rams made an edgy gesture on Sunday, and you may not agree with them. But they merely joined a long tradition of athletes using their celebrity for symbolic public protest, and the NFL was right to reject the call to punish them. Punish them for what, after all? For showing an alertness and sensitivity to current events in their community, and holding an opinion on them?”

1. The “long tradition” argument is “everybody does it,” and nothing better. Professional athletes are paid to play games and entertain. Few of them have any qualifications or expertise that elevate the value of their opinions on public policy and politics above that of the regulate citizens watching them, and it is an abuse of their position and an exploitation of the venue for any athlete to exploit both to make a personal statement. Earlier, Jenkins says that to punish the Rams players “would also smack of 1968, when Tommie Smith and John Carlos were expelled from the Olympic Games for their black-gloved salutes,” as if that’s an argument. Smith and Carlos should have been expelled. The Olympics wasn’t theirs to co-opt for national political statements, no matter how valid or worthy. The Rmas players can hold opinions, and nobody is saying otherwise. Once they are in uniform and on the field, however, their opinions are not for display. They don’t own the forum. Continue reading

Comment of the Day: Daily Comics Ethics: When Did Erection Gags Become Appropriate For The Funny Pages?

unicorn

Traversing such seemingly unrelated topics as aphrodisiacs, “Mr. Ed,” post-war culture, literacy, and the evolution of childhood,  Penn’s Comment of the Day is one of my all-time favorites. Here it is, a response to the post, “Daily Comics Ethics: When Did Erection Gags Become Appropriate For The Funny Pages?” I have a lot of reactions, but here are three:

  • If kids really don’t read the funny papers any more, what good are they? Who does read them? The Washington Post and other papers used to take “Doonesbury” out of the section and place it in the main body of the paper on the theory that it’s humor was “adult.” (Of course, “Doonesbury’s” humor has also been non-existent since around 1978—but I’ve never seen an erection joke there, either.)
  • Just because little kids are familiar with the term “horny” doesn’t mean they have any idea of what it refers to.
  • I like the “Mr. Ed” song!

In reply to your rhetorical (and tertiary) query, Jack, you missed (that small part of the) evolution just as we all did and do, because it was an evolution, a slow-moving American tsunami of post-war change beginning in the late 40s.

As a child, I recall controversy, strictly among adults, over things that wouldn’t be even thought of today such as the idea of having a girl (Lois Lane?) take up a weapon against a villain instead of waiting, albeit bravely, for Superman, to come rescue her. It was argued to be unladylike – and therefore, unsuitable for children’s comics — for females to fight for themselves if there was a man around, even as the WACS, nurses and ambulance drivers returned home, joining widowed moms & rosie-riveters in job-hunts. Or unless it was Wonder Woman. And oh the struggles to allow Wonder Woman — she of the skin-molding, crotch-height tights and the noticeable chest bumps, however well armored — into the son’s bedroom. Or the daughter’s wardrobe (next, she’ll want a bra!) Continue reading

Observations on the Eric Garner Non-Indictment

The New York Times, among others, reports that the Staten Island grand jury has brought no indictment in the Eric Garner case, in which a large African American man resisted arrest and was brought down by multiple cops, as one, Daniel Pantaleo, used a choke hold to restrain him. After saying that he couldn’t breathe, Garner, who was asthmatic, stopped breathing and died

Observations:

1. I haven’t seen all the evidence, and stipulate that there may be some good reason for the non-indictement that I am not aware of. That aside, however, it certainly seems like this case embodies many of the features that were not present in the death of Michael Brown but that the media and activist narrative attributed to it nonetheless. Garner’s case, in contrast, appears to demonstrate an unwillingness of the law enforcement and justice system to hold police officers accountable for the results of excessive force, even when the result is death.

2. Again, absent some significant evidence that has not been made public, I believe that the video of the fatal arrest, the fact that the choke hold tactic is prohibited by police department policy [ Note: I originally wrote that it was illegal; that was in error, and I apologize for the mistake], and the coroner’s verdict that Garner’s death was a homicide should have been sufficient to mandate the grand jury finding probable cause for at least a charge of negligent homicide.

3. This seems like a result worthy of protest. It is one more reason why activists continuing to use Brown’s death as a rallying point is foolish and wrong. For their purposes, it is a weak case. Garner’s is not. Continue reading

Daily Comics Ethics: When Did Erection Gags Become Appropriate For The Funny Pages?

Grimm cartoon

When did I miss the evolution of the newspaper comics, always regarded as the young tyke’s entry into the newspaper perusal habit, into one more entertainment medium requiring ratings and advance parental review? The comic above appeared in today’s Washington Post and elsewhere. I think it’s funny—for a Playboy cartoon. Maybe it’s not too racy for the New Yorker. But the funny pages? Seriously? This is an erection joke! In a strip with Mother Goose in the title! (The strip is “Mother Goose and Grimm” by Mike  Peters, who is also an award-winning political cartoonist.) It refers to the classic naughty line that had censors screaming when Mae West said it (after writing it.) My Dad read the daily comics to me before I could read, then explained the jokes that I couldn’t understand. Is this the kind of joke toddlers will be having explained to them now? Continue reading

KABOOM! Now I’m Satisfied That The U.S. Will Never Solve Its Debt Problem, Since It Takes This Long For Congress To STOP PAYING ENTITLEMENTS To NAZIS

exploding-head

I’m on the way to Cleveland. I guess I might as well leave my brains on the ceiling, where this story deposited them:

“The House on Tuesday passed legislation to terminate Social Security benefits for suspected Nazi war criminals. Passed 420-0, the bill was approved after an October Associated Press report found that dozens of suspected Nazi war criminals forced to leave the U.S. collected millions of dollars in federal benefits.”

On the plus side, See? We can have bi-partisan agreement in Congress!

On the other side: why do we need the Associated Press to point out to Congress that we’re giving millions of dollars to former Nazis to keep them supplied with fresh Zykon B? Why wasn’t this bill passed six years ago? Sixteen years ago? As long as President Obama thinks he can rule by fiat, where was the executive order directing the Treasury to stop paying non-resident Nazis Social Security?

You can read the original AP story here, which I was going to post on until it got lost in the shuffle.

File this one under “Incompetent Elected Officials,” or perhaps simply, “We’re doomed.”

New Link: Behavioral Legal Ethics Blog

One of these days I’m going to highlight some of the excellent websites and blogs among the Ethics Alarms links (to your left!), but for the moment I’m directing your attention to a new one: the Behavioral Legal Ethics Blog. The three professors who contribute to the blog describe it, accurately, like this:

“Behavioral Legal Ethics is a place for a wide-ranging discussion about the intersection between behavioral science, law and ethics.  The conversations will appeal to anyone interested in the ways in which empirical psychological research can inform questions about how legal institutions and practices encourage ethical behaviors in legal and non-legal actors.”

I had intended to add this superb blog to my links for some time. I confess that the fact that the current post quotes me did prompt me to finally act.

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Pointer: Legal Ethics Forum

 

MOST Ethical Column, Post Or Essay About The Ferguson Ethics Train Wreck: The New Republic’s John Judis

stand-out-from-the-crowd

I can’t bring myself to declare a liberal senior editor of a progressive magazine an Ethics Hero simply for writing an objective analysis of the Darren Wilson grand jury decision because the vast majority of his ideological brethren are refusing to demonstrate similar integrity and disgracing themselves. Nevertheless, John Judis’s essay titled “The Ferguson Decision Was Not a ‘Miscarriage of Justice.’ Liberals Need to Accept That.” is a relief and a pleasure to read in its matter-of-fact recognition of reality.  He is an analyst with impeccable hard left credentials: his curriculum vitae suggests that he is a socialist. He does not, however, believe in twisting the truth and misleading the public to further a political agenda. There is hope.

Here are some highlights:

  • “The physical evidence ruled out that Wilson had shot Brown in the back while running away, as Brown’s companion Dorian Johnson initially had claimed. And it was not conclusive one way or the other on whether Brown had, after he turned around to face Wilson, tried to surrender. In all, the forensic evidence did not prove Wilson innocent of killing Brown when he was trying to surrender, but it also did not give the grand Jury “probable cause” to indict him on that basis. Other evidence may surface, but from what the grand jury learned, I think it did the right thing, and that it’s also unlikelygiven this evidencethat the federal government, which must meet an even higher evidentiary standard, will choose to indict Wilson….”
  • “By suggesting that the grand jury did the right thing, I am not exonerating the Ferguson police department, or other police departments. Many police departments are more likely to arrest without good cause or shoot without sufficient provocation a young black male than anyone of another sex or race or ethnic group. If Wilson himself had been better trained, he would not have killed Brown….there are a host of reforms that need to be made to police departments as well as changes in the law. And it is worth holding demonstrations to demand these. But I am suggesting that liberals are wrong to characterize the grand jury decision as a “grave miscarriage of justice” or to demand, as Moveon.org has done, that the federal government “arrest and prosecute Officer Darren Wilson.” These kind of charges and petitions only serve to exacerbate racial tensions and to cloud the underlying issues….”

Someone should get him meetings with the members of the Congressional Black Caucus and the St. Louis Rams. Maybe he could explain why continuing their “hands up” demonstrations makes them look foolish. I don’t agree with some of his conclusions, particularly his belief that Robert McCulloch should have recused himself in favor of a Special Prosecutor, which would have ensured a miscarriage of justice with a repeat of the George Zimmerman show trial. Compared to virtually all other commentary from left-leaning commentators, however, Judis is clear-eyed, candid and fair….and correct.

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Pointer: Newsbusters

Source: The New Republic

 

How Should We Judge Second Apologies?

Sure, who wouldn't think this was funny coming from a member of your school board?

Sure, who wouldn’t think this was funny coming from a member of your school board?

The most important feature of apologies is that they express sincere and honest regret for the real harm done. If the first apology for misconduct fails that test, how much credence should a second attempt have? Does it negate the first apology completely? Ought it to be read and understood in light of the initial, unsatisfactory apology? Or should it be ignored completely as a public relations document crafted to achieve a result, rather than to express genuine contrition?

The case of Chris Harris, a board member for the Hooks Independent School District in the town of Hooks, Texas, provides a fascinating test.

Lat week, Harris posted an image of a Klu Klux Klan member with the caption, “I’m dreaming of a white Christmas”  to his Facebook page. The reaction to this was what almost anyone with a fully functioning cerebrum would expect, a category that Harris does not belong to, or at least did not when he posted it. Perhaps after shouting, “Doh!” or perhaps not, Harris rushed to repair the damage, publishing this apology:

Harris apology 1

Terrible apology! Continue reading

Ethics Hero: Ashley McLemore

Neal Shytles and Ashley McLemoreIt is important to keep in mind that there are an awful lot of good people in this world.

From the Washington Post:

“It started with the loneliest of pleas: “Large, 54 y.o. Christian, homeless male is looking for a person, family or couple to share Thanksgiving day with,” Neal Shytles wrote in an online ad. Last year he spent the holiday at a shelter, and although probably 200 other men were there eating turkey, “you sit down, you eat, you get up and leave,” he said. “Every day of the year is pretty much lonely for me, but Thanksgiving, Christmas is the worst time to be alone.”

So when a stranger, Ashley McLemore, offered to take him to her family’s home in Newport News for the holiday, he burst into tears. She did, too.

But that was just the beginning. His story resonated with people in Norfolk, where he has been staying at Union Mission Ministries, across Virginia and as far away as Europe and the South Pacific.”

Read what happened next here. Continue reading

Contest Entry For Most Unethical Column, Post Or Essay About The Ferguson Ethics Train Wreck: Hip-Hop DJ Jay Smooth

It goes without saying that my efforts to avoid more Ferguson commentary is a failure. The race-baiters, grievance-mongers, police-haters and cynical Democratic-base-goosers are engaging in an orgy of self-righteousness, aided by an uncritical news media and encouraged by public sentimentality and ignorance. This is horrible for the rule of law, law enforcement, race relations and the nation, but to close our eyes and repress our gag reflexes, hoping it will go away, is cowardly and irresponsible. This stuff is dangerous, to be blunt. Lies always are, and public policy built on lies will always result in harm and distrust.

The onslaught is much more powerful than I expected: several member of the Congressional Black Caucus actually brought the false “Hands up! Don’t shoot!” rallying cry onto the House floor yesterday. Charlie Rangel is using the lawful shooting of Brown based not on race but on his conduct alone to re-open demands for slavery reparations.

In this context, I’m entering this video blog by John Randolph, a.k.a “Jay Smooth,” a popular and outspoken hip-hop DJ with pretenses of social relevance.  It is genuine mind-poison. “Smooth” is sure smooth: he’s articulate, facile, a good actor, attractive, and facts mean absolutely nothing to him. Here he spins a persuasive justification for the Ferguson riots based on a series of demonstrably false premises: garbage in, but insidiously persuasive garbage out, especially to his audience. It begins with an apparently popular tweet he made before the grand jury results came out, which said, “The fundamental danger of a non-indictment is not more riots, but more Darren Wilsons.” If Wilson was not indicted for lawfully protecting himself from a subject who attacked him, more police will protect themselves from attacking suspects? The tweet is cleverly misleading: it assumes, without stating, that a racist cop murdered a black youth, and the video blog proceeds accordingly from that assertion. The truth is that the danger of having an indictment would be to allow mob justice and vengeance to preempt due process and fairness. Not surprisingly, Smooth later reveals that he sent essentially the same dishonest tweet about the George Zimmerman trial. Continue reading