Thanks For The Memories, Greta Friedman: This Encore’s For You!

kiss

I was puzzled about why an old 2012 Ethics Alarms post was suddenly getting heavy traffic today, and until I read that GretaFriedman had died. She was the nurse famously kissed by a never-identified celebrating sailor on V-J Day, frozen in history forever thanks to a now iconic  Life magazine photograph.  I had written about Greta, that moment, and the determination of a lot of tunnel-visioned feminists and sexual-terrorists to turn what was a beautiful thing into something ugly and sinister in the distorted world they see through their shit-tinted glasses. The post was called “The Times Square Kiss, and Feminist Blogs’ Fanatic Crime Against Joy.”

I’m always a bit nervous when I go back and read old posts I’ve forgotten about; I’m afraid I won’t agree with them, but thankfully, I usually do. I do in this case. In fact, I really like the post, and am proud of it. On the theory that most current Ethics Alarms readers haven’t seen it before, I’m reposting today, in honor of Greta:

The blog posts at issue make me angry. Usually it is silly to be angry about mere opinions, I know. However, the opinion registered by “Lori” on the blog Feministing, taking her cue from another feminist blogger, is a symptom, a symptom of the scourge of pernicious, political-correctness zealots, who refuse to recognize the important distinctions between malice and human beings being human, and seek to wipe out that distinction by distortion, sophistry, historical revisionism and bullying. Continue reading

The Latest Unethical Tactic: Attacking Journalists Who Don’t Actively Try To Promote Hillary Over Trump [UPDATE: Hillary’s Health]

matt-lauer-hillary-clinton

Once the New York Times embraced the rationalization “Ethics is a luxury we can’t afford” and announced that journalists had a duty to bias their reporting to block Donald Trump’s election, this result was foretold. It was really foretold in 2008, when the news media first abandoned even the pretense of fairness and objectivity to ensure the election of our first black President.

Matt Lauer, of all people, became the object of furious invective after he hosted a live prime-time forum with Trump and Hillary. He was accused of unfairness, gullibility and even sexism in his handling of the event. His main offenses: not “fact-checking” Trump, as when he said, not for the first time, that he opposed the Iraq invasion from the beginning (he didn’t), and grilling Hillary about her e-mail machinations.

The only way the transcript supports the latter contention is if one is Bernie Sanders and believes Hillary’s “stupid e-mail” is irrelevant. Lauer didn’t spend an inappropriate time on this issue, given what a perfect example it is of Clinton’s Arrogance, deviousness, lack of transparency, and, apparently, incompetence and recklessness.  I’d say he was easy on Hillary: he didn’t mention her sleazy conflicts with Clinton Foundation donors at all, and she is much less adept at spinning that slam-dunk conflict of interest and ethical violation than with her e-mail, which she has been lying about for more than a year. Pro-Clinton news media, which is to say, news media, howled about Lauer not challenging Trump’s thoroughly disproven claim about opposing the Iraq War, but Clinton already had done this, saying, “Now, my opponent was for the war in Iraq. He says he wasn’t. You can go back and look at the record. He supported it. He told Howard Stern he supported it.” Maybe Lauer thought that was enough; it should have been: Trump’s lie on this score has been well-publicized, including here, on Ethics Alarms.

Meanwhile, he did not challenge Clinton on her obviously false claim that emails cannot be considered classified if they do not contain formal classification markings, and worst of all, he did not challenge her unconstitutional call to ban citizens who are placed on a no-fly list from exercising their Second Amendment rights. This is especially important, because this fact isn’t understood by most Americans, and a Presidential candidate advocating defiance of the Constitution is, or should be, a big deal. Never mind, though: Lauer wasn’t supposed to be tough on Hillary. He was only supposed to be hard on Trump, and because he wasn’t “hard enough,” a.k.a., “harder,” a.k.a. “biased like the rest of the mainstream coverage,” then it means that he was incompetent. Continue reading

Ethics Quiz: Ammon Bundy’s Cowboy Boots

Ammon Bundy. Nice look...that last name is a problem, though.

Ammon Bundy. Nice look…the jury should like it. That last name might be a problem, though.

Jury selection is was about to begin last week  in the trial of Ammon Bundy (Son of Cliven, no relation to Ted) and his fellow defendants who led an armed stand-off on federal lands in Oregon.  First, however, the judge in the case had to rule on Bundy’s lawyer’s motion demanding that the defendants, who are in custody, can wear neckties, belts and boots at trial as requested.

The U.S. Marshal’s Service  emailed  Bundy and the rest to alert them that certain  items of apparel wouldn’t be permitted at their trial: “Ties, Bows, Belts, Handkerchiefs, Cuff Links, Steel toe boots/shoes, Shoe laces, Shirt tie down straps, Safety pins, Shirt pocket pen protectors.” When U.S. District Judge Anna J. Brown Tuesday afternoon asked Barbara Alfono, the deputy U.S marshal in charge of the Bundy trial, about the requirement, she explained that security concerns were the source of the order. Those accessories could be used as weapons against deputy marshals or the defendants themselves, she said. As for the boots, they would interfere with the shackles that are placed around the defendants ankles as they are transported to and from the courthouse. (The shackles will be removed, because prior courts have ruled that they are prejudicial, making defendants look dangerous to the jury.)

J. Morgan Philpot,  Ammon Bundy’s marvelously named lawyer, argued that since his client is innocent until proven guilty, he should be allowed to wear the civilian clothes that he chooses.  “These men are cowboys,” Philpot wrote  in his motion, “and given that the jury will be assessing their authenticity and credibility, they should be able to present themselves to the jury in that manner.” He continued:

“We must consider, when he does so, how will he look? And what are the spot assumptions and impressions will the jury have about him when they see him in the kind of white socks and loafers he was wearing today, with his beltless trousers, and dressed in a formal suit without a tie,Just as significantly, how will the lack of belt, tie, or other apparel compare to others in the courtroom, as he and the other detained defendants are the only ones who will appear that way.”

The judge ruled against him.

Your Ethics Alarms Ethics Quiz of the Day:

Is it ethical for the system to prevent accused cowboys from looking like cowboys during their trial?

Continue reading

Not As Empathetic As You Should Be? Blame Tylenol!

Oh no! Uncle Phil overdoes on Tylenol again, and now he wants to vote for Donald Trump!

Oh no! Uncle Phil overdosed on Tylenol again, and now he wants to vote for Donald Trump!

From Salon, reposting from Alternet:

“Researchers from Ohio State University recruited 80 college students as test subjects. Half were told to drink a solution containing 1,000 milligrams of acetaminophen, while the second half were given a placebo drink containing no drugs. After the medication took effect, the two groups were instructed to rate the pain levels of people in eight different fictional situations — all were emotionally or physically traumatic scenarios. One story involved a person forced to deal with a parent’s unexpected death, another a person with a severe stab wound. Researchers found that students who had taken acetaminophen rated the pain levels of the traumatized story characters lower than those who had ingested the placebo liquid.

In another experiment involving 114 students, half drank the acetaminophen solution and the other half were given the placebo. Both groups were then subjected to brief, loud blasts of white noise and asked to rate the pain levels of a fictionalized participant who had experienced the same. Those who had consumed the acetaminophen solution rated both their own pain and the pain of others who experienced the noise lower than those who drank the placebo solution did. In another study section, subjects were shown short videos depicting a person being socially rejected from a group and were asked to rate the level of emotional pain the rejection caused. Here again, the group that drank the acetaminophen-infused liquid rated the pain lower than those who had only ingested the placebo drink.”

Hmmmm.

A few reactions to this:

1. Many news reports on these weird studies summarize the findings as “Common pain-killers can make you less empathetic.” “These findings suggest other people’s pain doesn’t seem as big of a deal to you when you’ve taken acetaminophen,” Dominik Mischkowski, the study’s co-author and a former Ph.D. candidate from Ohio State University, said in a news release.

Says Baldwin Way, the study’s lead author and an assistant professor of psychology at Ohio State University: “Empathy is important. If you are having an argument with your spouse and you just took acetaminophen, this research suggests you might be less understanding of what you did to hurt your spouse’s feelings.”

I think I know what is going on here. This seems to be one of many ideologically-inspired studies, designed to make the case that those who are privileged and are in less daily distress are naturally less likely to be capable of empathy, and hence have less ethical reactions to the distress of others, including that caused by the conduct of the empathy-impaired. Continue reading

Ethics Dunce: Libertarian Presidential Candidate Gary Johnson

The Marx Brothers: Groucho, Zeppo, Harpo, Chico, and Aleppo

The Marx Brothers: Groucho, Zeppo, Harpo, Chico, and Aleppo

The Presidential nominee of the party whose convention featured a fat naked guy running around on stage found himself being the focus of the news this week, and not in a good way. On MSNBC’s “Morning Joe”—you know, that astute, objective news commentary show with a co-host who says Hillary Clinton is, like “awesome!”— there was this  exchange between Libertarian Party candidate, Gov. Gary Johnson and one of the show’s panelists, Mike Barnicle:

Barnicle: “What would you do if you were elected about Aleppo?”

Johnson: “About…?”

Barnicle: “Aleppo”

Johnson: “And what is Aleppo?”

Barnicle: “You’re kidding.”

Johnson: “No.”

Barnicle explained that Aleppo is a once thriving city in Syria that is ground zero for the country’s civil war. Johnson replied, “Got it,” and provided the wisdom that “With regard to Syria I do think it’s a mess.”

He elaborated, but as CNN’s Frida Ghitis wrote, ” Who cares what Johnson thinks about Syria now? He knows nothing about it. His opinion is meaningless.”

Well, not exactly meaningless. What his failure to have an informed opinion on a major foreign policy crisis like Syria means is that Gary Johnson is lazy, lacks seriousness, and is failing his duty to he party and the nation, which is to provide a realistic, responsible, genuine alternative to the candidates of the two major parties, both of whom are spectacularly unfit to serve, unfit for office, and embarrassments to the democratic process who call into serious question the long term viability of both our form of government and the nation itself.

Did I sugar-coat that too much? Continue reading

From The “When Ethics Alarms Don’t Work” Files: The 9-11 Mattress Sale Ad

How many people were involved with this ad for Miracle Mattress?? How did it get on the air without someone with a brain cell twitching pointing out that it was so offensive that it would spark significant, indeed company-threatening backlash on social media? The company owner has apologized abjectly, but this is a serious management botch. Unless he is lying in his apology and didn’t know about the ad or see it before it was launched, he has hired a bunch of incompetent who are given far too much power.

The woman who starred in the commercial is the San Antonio store’s manager. She, at very least, has proven herself to be an incompetent fool. It might help business recover if in addition to her being fired, her head was placed on a pike outside the store…but that would be wrong.

On the bright side, maybe Colin Kaepernick  will buy a mattress there.

Unethical? Criminal? Stupid? Careless? What The Heck IS This?

Headline:

QUICK! Someone punch it!

QUICK! Someone punch it!

Shopper arrested for punching newborn baby after ‘mistaking her for toy doll’

Well that’s certainly understandable and..wait, WHAT?

In England, Amy Duckers was shopping at a supermarket with her five-day-old daughter in a baby carriage. She was approached by a 63-year-old man who overheard family friends saying, “Come and have a look at this beautiful baby.” The man suddenly punched the baby in the head,  then reacted in horror when the infant burst into tears. He told police that he thought the baby was a toy, and not alive.

Oh! That explains it, then. Everyone punches dolls belonging to strangers in the face. It’s a mistake anyone could make!

The infant is recovering, but I may not. I can’t get my mind around this crazy incident. If he really thought the baby was a doll, you can’t properly charge him with a crime, but how would you categorize what he did? It’s obviously unethical—he has no right to handle someone else’s doll—but how much leeway do we give idiots or crazies, when their handicap causes them to do something like this?

The guy has been arrested, and it will be interesting to see what he’s charged with, and how the system deals with him. I assume that he will be observed for mental health issues. If he’s not, and they release him with a pat on the back and a “next time, make sure it’s a doll before you punch it,” I’m going to be very upset.

Jacoby Ellsbury, Catcher’s Interference, And The Perplexing Ethics Problem Of “Using A Shield As A Sword”

interference

I led two legal ethics seminars for the Oregon State Bar yesterday. For some reason the issue of “using a shield as a sword ” kept coming up.

“Using a shield as a sword” is when lawyers game the ethics rules. Many local bar associations include a pledge within their creeds promising not to intentionally use the ethics rules as a tactical weapon; still, it’s not an enforceable promise. Examples are limited only by a lawyer’s devious ingenuity, but they usual involve one side creating a conflict of interest for the opposing firm or lawyer that will force the lawyer to withdraw from the case. One ploy: a lawyer recruits a key expert witness specifically because she was once a client of the the lawyer on the other side, making it impossible for her to be impeached on the witness stand by that lawyer because he would have confidential information about her that he would be bound to keep secret, even while being required to represent his current client by ripping her credibility to shreds.

What does this have to do with Yankee centerfielder Jacoby Ellsbury? Well, Ellsbury is in the process of shattering an obscure baseball record: number of times reached base on catcher’s interference during a season. Catcher’s interference refers to instances in which a catcher makes any contact with a batter or his bat during a pitch. Usually, this involves the batter’s bat hitting the catcher’s glove, as in the photo above. When that happens, a player is awarded first base. The rule is based on fairness and  designed to protect the batter, but apparently Ellsbury has perfected the weird practice of using it as an offensive weapon.

Jacoby Ellsbury became the single-season record holder in catcher’s interference calls  in July with his ninth instance  getting rewarded for it. The record was formerly held by Roberto Kelly, who did this eight times in 1992.  Since breaking the record, Ellsbury has gotten catcher’s interference called three more times, for a current total of 11 with almost a month  left to the season. He is also second all-time in catcher’s interference with 23. The career record belongs to Pete Rose with 29; since Rose is baseball’s all-time leader in games played and career at bats, we would expect him to hold this record. No one else in baseball history has more than 18. Ellsbury is only five catcher’s interferences shy of Rose’s mark, and has done it in less than a third of the at bats. Continue reading

Someone Explain To Me, Please, Why Anyone Should Trust Wells Fargo With Their Money Ever Again?

Federal regulators announced today that  Wells Fargo employees secretly created millions of unauthorized bank and credit card accounts without their customers requesting them or being informed, knowing since 2011.  Employees even created phony PIN numbers and fake email addresses to enroll customers in online banking services, the CFPB said.The stealth accounts allowed the bank to charge millions in illicit fees,  while Wells Fargo employees boosted their sales figures and earned bonuses. Wells Fargo told CNNMoney that it had fired a staggering 5,300 employees over the last few years as they discovered the misconduct—but they didn’t tell customers what had been going on. .An investigation revealed that bank employees opened over 1.5 million unauthorized deposit accounts.

The scamster employees moved funds from customers’ legitimate accounts into newly-created ones without their knowledge or consent, regulators say. Then the victims were  charged for insufficient funds or overdraft fees when  there wasn’t enough money in their original accounts. Wells Fargo hustlers also submitted applications for 565,443 credit card accounts without their customers’ consent.

In response, the feds have hit Wells Fargo with the largest penalty since the Consumer Financial Protection Bureau began was founded in 201, ironically right around the timeWells Fargo started cheating its customer.. The bank agreed to pay $185 million in fines, along with $5 million to refund customers.

I don’t care how much the bank pays, or even if I get some of it (The Marshalls banked there, but as soon as I get home, that’s going to end.) I don’t care of I have to keep the nest egg in an old sock. I’m not trusting these people. The managers are inept or corrupt, and the lower employees are poorly trained and supervised, as well as crooks. This is a bank. The management has high fiduciary duties. It breached all of them. Continue reading

The Cos Plays The Race Card

race_cardBill Cosby’s lawyer, Brian McMonagle,  issued a statement this week claiming that the comedy legend’s legal problems are the result of racial bias and prejudice. He really did.

“Mr. Cosby is no stranger to discrimination and racial hatred, and throughout his career Mr. Cosby has always used his voice and his celebrity to highlight the commonalities and has portrayed the differences that are not negative — no matter the race, gender and religion of a person. Yet over the last 14 months, Mr. Cosby and those who have supported him have been ignored while lawyers like Gloria Allred hold press conferences to accuse him of crimes for unwitnessed events that allegedly occurred almost a half-century earlier. The time has come to shine a spotlight on the trampling of Mr. Cosby’s civil rights. Gloria Allred apparently loves the media spotlight more than she cares about justice. She calls herself a civil rights attorney, but her campaign against Mr. Cosby builds on racial bias and prejudice that can pollute the court of public opinion. And when the media repeats her accusations — with no evidence, no trial and no jury — we are moved backwards as a country and away from the America that our civil rights leaders sacrificed so much to create.”

I don’t blame McMonagle, and nobody else should. He’s doing what he can to defend his client, who looks about as guilty as a man can. Nor did he say this without the approval of his client. Lawyers discuss their strategy with clients: if Cosby didn’t want to sink this low and look this desperate, he didn’t have to. Then I would have been able to salvage a slim iota of respect for the man.

It isn’t worth much time or thought discussing how ridiculous this accusation is. Bill Cosby? White America’s darling? The Jello pudding man, the charming interviewer of kids, the educator who preached to black families that they need to raise their children to reject hip-hop culture? Whites made Cosby rich, powerful, and once, the most popular, respected and influential celebrity of any color in the nation. And suddenly they turned on him when they realized he was black?

The claim is an insult to African-Americans who really do face bias and discrimination. More important, however, it is so depressing. Is there any prominent African-American in the the public eye who is capable of not playing the race card when he or she is in trouble? I held out hope that Bill Cosby, as loathsome as we now know he is, might be an exception if only because the claim in his case is so, so absurd. Let’s see, which is the reason for Bill’s fall: a hundred women of all races coming forward to detail almost identical accounts of the comedian drugging and sexually assaulting them, or racial prejudice? Gee, let me think; this is a tough one. Never mind, though: apparently this alibi is so ingrained in black culture, so beaten into the brains of American blacks, so exploited by race hucksters and so much a foundation of the left’s politics that it exists as a permanent “In case of a crisis, break glass” last resort that is an African-American’s secret weapon—after all, when whites screw up, they can’t claim anti-white bias, though trends in government, justice and academia may be changing that.

If Roger Ailes were black, he would have attributed his fall at Fox to racial prejudice.

Clarence Thomas played the race card. So has Obama. O.J. Barry Bonds. Herman Cain. Susan Rice. Eric Holder. Kanye West, though in his case it is dwarfed by his other outrages. This is kind of an anti-matter version of “white privilege”: while whites, we are told, are blissfully unaware of all the ways their success, if they have any, is based on systemic advantages in the culture, blacks are immersed in the idea that they are being persecuted because of race and led by role models and leaders to develop a self-image that can render them incapable of ever knowing when the problem might be their own conduct rather than oppression by others. Continue reading