Month: December 2017

Morning Ethics Warm-Up, 12/5/17: Ethics Chaos Everywhere—Lawyers, Law Enforcement, Government, News Media. Is This A Great Country, Or What?

/ Jack Marshall / 56 Comments

Good Morning, everybody!

1 Wait, What??? ABC has announced that suspended reporter Brian Ross will no longer handle stories involving President Trump after Ross returns from his suspension. The suspension, you will recall, was occasioned by his misreporting of a matter involving the Mueller investigation and causing a stock market dive as a result.

This makes no sense at all. Either Ross is a professional, competent journalist who can be trusted to report the news without allowing his biases to distort the facts, or he is not. If ABC deems Ross too unreliable and partisan to report on stories involving the President of the United States, then—can I say obviously?—is also too reliable to be a reporter at all.

In his weekly unhinged hate-rant against President Trump—this one claims that favoring “national security and sovereignty; economic nationalism; and deconstruction of the administrative state” proves the President is a Nazi—Charles M. Blow writes, “Trump’s continued attacks on the media — and on truth itself — is an attempt to weaken the watchdogs, to grease the skids toward more oligarchy, more authoritarianism, more fascism.”

Are even New York Times readers gullible enough to buy that absurd description of the news media any more? The Ross fiasco is only the latest in a chain of thousands, some more minor, many not, that prove beyond any reasonable doubt that the news media is not a respectable watch dog, and that truth is the farthest thing from its agenda. The op-ed page that Blow squats on is a daily display of deceit and anti-Trump propaganda. There has never been anything like it in the history of the legitimate press. The same day Blow’s screed appeared, Times editors went full race-baiter, publishing a column that cherry picked  black athletes, celebrities  and politicians the President has issued insulting tweets about, regardless of the topic or issue, to show that he’s obviously a racist. (For example, since the NFL player who stood during the Mexican national anthem while having Kaepernicked for weeks in games played in the U.S., the President tweeted criticism was racist.) My junior high school journalism teacher, who advised the student newspaper, would have flagged this is terrible journalism, but Timed editors think it’s just great,

Watchdogs.

Right. Continue reading →

Rejecting Mandates By Nations And Organizations That Share Neither Our Interests Nor Our Values

/ Jack Marshall / 33 Comments

The U.N.’s New York Declaration for Refugees and Migrants, which imposed guidelines for the acceptance of migrants and refugees on member nations, was (naturally) endorsed by the Obama Administration, which embraced wholeheartedly the concept of expanding world government in many areas, even those where international mandates would have  profound domestic consequences.

The Trump administration has withdrawn from the accord, saying that it was not compatible with U.S. principles, interests and priorities.

Good.

The U.S. Mission announced that the Declaration “contains numerous provisions that are inconsistent with U.S. immigration and refugee policies.” Added  U.S. Ambassador to the UN Nikki Haley:

“Our decisions on immigration policies must always be made by Americans and Americans alone. We will decide how best to control our borders and who will be allowed to enter the country.”

Continue reading →

The Nauseating Hypocrisy Of Gloria Steinem

/ Jack Marshall / 18 Comments

Gloria Steinem + Bill Clinton+ Monica Lewinsky=Sauce Bearnaise, at least to me.

When I read that Gloria Steinem had boarded the Harvey Weinstein Ethics Train Wreck —which she had helped start rolling when she tossed her alleged principles into the crapper to make excuses for Bill Clinton ; my favorite was when she shuffled off her previous position on inequalities of power making genuine consent impossible to say that every boss has a right to hit on a female subordinate once—I really didn’t want to revisit the topic. Her defense of Clinton during the Lewinsky scandal almost literally made me ill, and you know how Sauce Bearnaise syndrome works. (Don’t you?)

The aging feminist icon told The Guardian that she would not write the infamous May 22, 1998 New York Times column today, but that she does not regret writing the column then, because “What you write in one decade you don’t necessarily write in the next. But I’m glad I wrote it in that decade.” Translation: Outrageous hypocrisy you can get away with in one decade won’t always fly later.

Especially when it enabled two decades of sexual harassers, abusers and rapists with power who brutalized countless women, right, Gloria?

But Gloria’s credentials as an ethics corrupter needs to be renewed, and I am grateful to Jonathan Turley for taking the time when my queasy stomach couldn’t handle it. I couldn’t say it any better than the professor, who wrote in a blog post today (read the whole thing, here): Continue reading →

Your Boss Asks If You Have Prayed About A Work-Related Matter…What Is The Ethical Response?

/ Jack Marshall / 22 Comments

This question was asked of the New York Times’ “Workologist” (It’s stuff like this that keeps me subscribed despite the paper’s disgraceful partisan bias and unocnscionable manipulation of the news):

I recently had a manager ask me if I have “prayed about” a particular situation at the office… this statement crossed a personal line with me. I am very private about my religious life. Do you have any recommendations on how I could handle this?

The question immediately reminded me of “Breach,” the film about the capture of spy Robert Hannsen (Chris Cooper), who was always urging his clerk (actually the undercover FBO agent recruited to unmask him) to pray. The “Workologist” (Rob Walker) begins by pointing out the obvious: a boss can’t demand that you pray, or fire you for refusing to. Then he adds,

Your manager can’t discriminate against you on the basis of religion, but your company can’t discriminate against him, either — by, say, forbidding him to ever mention prayer. In general, companies are supposed to make an effort to accommodate the religious practices of employees, although this can be weighed against the potential burden on the employer…Faith-related workplace conflicts and litigation have become more common in recent years. So it might be better to think about this incident in the broader context of personal expression and identity…

your best move is to make your own boundaries clear — yet also try to avoid an outright conflict. The fact that you already consider him your “worst manager” might make that difficult. But simply declaring his question inappropriate or offensive won’t help.

Instead, try something like “Well, I’ve thought about it,” and either leave it there or, if that doesn’t seem to connect, add something like “But I’m not comfortable talking about what I do or don’t pray about.” This should be delivered in a friendly-to-neutral tone. You’re not making any judgments — and neither should he.

I find that approach cowardly and dishonest. Continue reading →

Morning Ethics Warm-Up, 12/4/17: Jailed For Profanity, Busted For Homophobia, Condemned For A Settlement

/ Jack Marshall / 10 Comments

Good morning…

1  This is weird…The Wisconsin Supreme Court has upheld a mother’s conviction for swearing at her son. Ginger Breitzman had been found guilty of child abuse, including one count was for profanely berating and insulting her 14-year-old son after he burned some popcorn. The boy had been talking to a friend at the time, who heard the tirade over the phone and reported it. The mother was sentenced to six months in jail. Apparently the First Amendment was  never raised as a defense, and an issue is whether it should have been and had to be.

I don’t see how a parent or anyone can be convicted of a crime based on the content of her speech, especially private speech, but it is a gray area in ten context of child abuse. In sexual harassment,  the content of one’s speech can create a hostile work environment, but the civil violation is for the act of creating the hostility, not the speech itself. In many cases, that’s a distinction without a difference, though. A supervisor using the term “cunt” in the workplace is probably harassment, no matter how or to whom he uses it.

Check the link and the mother’s mug shot. I wouldn’t want to have her mad at me…

2. Joy Reid being hateful? I’m shocked—shocked! MSNBC’s serial race-baiting, hate-spewing host Joy Reid found herself huminahumina-ing after someone tracked down her old blog and found multiple examples of gay-bashing on it.  Notably, she mocked GOP Florida Governor Charlie Criss, a married man who has been rumored to be a closeted gay, as “Miss Charlie.” What do you think of her apology?

This note is my apology to all who are disappointed by the content of blogs I wrote a decade ago, for which my choice of words and tone have legitimately been criticized.As a writer, I pride myself on a facility with language — an economy of words or at least some wisdom in the selection. However, that clearly has not always been the case.In 2007 I was a morning talk radio host and blogger, writing about Florida politics (a blog I maintained until 2011.) Among the frequent subjects of my posts was then-governor Charlie Crist, at the time a conservative Republican, whose positions on issues like gay marriage and adoption by same-sex couples in Florida shared headlines with widely rumored reports that he was hiding his sexual orientation. Those reports were the subject of lots of scrutiny: by LGBTQ bloggers, writers and journalists, conservative blogs, a controversial documentary film called “Outrage,” and even by the comedic writers at South Park. But it was my own attempt at challenging Crist on my blog that has now raised the issue of not just my choice of words, but what was and is in my heart.

Let me be clear: at no time have I intentionally sought to demean or harm the LGBT community, which includes people whom I deeply love. My goal, in my ham-handed way, was to call out potential hypocrisy. Nonetheless, as someone who is not a member of the LGBT community, I regret the way I addressed the complex issue of the closet and speculation on a person’s sexual orientation with a mocking tone and sarcasm. It was insensitive, tone-deaf and dumb. There is no excusing it – not based on the taste-skewing mores of talk radio or the then-blogosphere, and not based on my intentions.

In addition to friends and coworkers and viewers, I deeply apologize to Congressman Crist, who was the target of my thoughtlessness. My critique of anti-LGBT positions he once held but has since abandoned was legitimate in my view. My means of critiquing were not. In the years since I went from blogger to opinion journalist, I have also learned, through brilliant friends and allies in the LGBT activist community, how to better frame my critiques of those who challenge people’s right to love who they want, marry them, and walk in the world as fully free people.

Re-reading those old blog posts, I am disappointed in myself. I apologize to those who also are disappointed in me. Life can be humbling. It often is. But I hope that you know where my heart is, and that I will always strive to use my words for good. I know better and I will do better.

It’s not terrible. I’ll give her a #6 on the Apology Scale: ” A forced or compelled [apology], when the individual (or organization) apologizing knows that an apology is appropriate but would have avoided making one if he or she could have gotten away with it.” I doubt that it’s sincere, because of lots of clues in the text. She says she deeply apologizes to Christ, then says her criticism was legitimate. She was presuming hypocrisy on the basis of rumors: how is that legitimate? She sucks up to the LGBT community; she says that at “no time have I intentionally sought to demean or harm the LGBT community,” when her rhetoric obviously was intended to demean Crist based on his presumed homosexuality; she sneaks in an “everybody was doing it” excuse. Continue reading →

Re Met Conductor James Levine: I Know, I Know, “The King’s Pass”…But What’s The Matter With People?

/ Jack Marshall / 61 Comments

The Harvey Weinstein Ethics Train Wreck took a cultural turn and visited the New York Metropolitan Opera yesterday. James Levine, the Met’s legendary conductor for four decades, allegedly molested a teenager in the 1980’s. The allegations were described in a police report that was filed in 2016. A man stated that he met Levine as a 15 year-old child when Levine was a conductor at the Ravinia Music Festival in Illinois. Beginning the next year, when Levine was 42 and the boy was 16, the conductor  touched the teenager’s genitalia and masturbated in his presence. The sexual relations involved hundreds of incidents and lasted for years, according to the allegations. Levine also served as a mentor to the teenager, wrote a college recommendation essay, and gave him tens of thousands of dollars of cash.  The man says he is straight and that  he was “confused and paralyzed” by Levine’s actions.

Now the Met says it is investigating. But I have more…

Today I attended a performance of an opera, and by chance happened to chat with one of the opera company’s board members. I asked him if he had heard about Levine. He said he didn’t know what I was talking about. After I summarized the story above, he said (I’m paraphrasing):

“I hadn’t heard about that, but it’s no surprise. I performed in the Met  chorus in the Eighties and Nineties when I lived in New York. Everyone knew that Levine fooled around with teenaged boys. I’m pretty sure the Met paid off some of them.”

After I heard this–at the time, there was only one man making one accusation—it was reported that the Met suspended Levine, because three more men came forward saying that they had been abused by the conductor as teens. Continue reading →

From The Ethics Alarms “It’s NOT Okay To Be White?” Files: The Blacks-Only Opinion Section

/ Jack Marshall / 40 Comments

Luckily, my head already exploded this morning, so this story, from College Fix,  did no further damage:

The student newspaper at Evergreen State College has a section in its opinion pages described as “for people of color by people of color.”

“This should be a place where we can be us without it being overshadowed by the dark cloud that is living under white supremacy and having to see things from a white perspective. This is why when we do cover these issues it will be in the context and from the perspective of POC and POC only,” according to the section’s editors as they reintroduced it to readers in September.

The anonymous column, known as “POC Talk,” debuted in the bi-weekly Cooper Point Journal last year and returned this fall to the newspaper’s pages following racial unrest that erupted at the public university this past spring.

“Dear White people, please take a step back, this isn’t brown-people-answer-white-people’s-questions-hour, we’re asking specifically for submissions from POC,” the section’s editors added in their September intro. “As being told no seems to be a difficult concept for some of y’all I await your emails about the Irish, how the term white fragility is mean (great example of white fragility) and how we need to view people through a color-blind lens (just lol). You will 100% not get a response!!!”

  • You remember Evergreen, don’t you?
  • I want to hear prominent voices in the black community, Democrats, and progressives, condemning this. Republicans and conservatives can’t because that will mean they are racists.
  • Is this school receiving federal funds? It shouldn’t be.
  • Cue the “white racism is different from black racism, which isn’t really racism but a reasonable response to historical and cultural factors” apologists! A white school that dared to have a “white opinions only” section in a school publication would be attacked far and wide as an example of alt-right creep. There is no difference.
  • The reference in the headline is to this post…

Morning Ethics Warm-Up, 12/2/17: Hackers, My NPR Panel, An Unethical Journalist Actually Faces Consequences, And God Bless Us, Everyone!

/ Jack Marshall / 12 Comments

 

GOOD MORNING!!!

1  Actually, it’s a terrible morning. I began what has really been a hideous morning at 5 a.m. with a hacking alert on my computer. I eventually, with the help of some technicians, identified the usernames of 27 hackers who were accessing my data, apparently.

I should have written this before, I guess, but hackers, all of them, every single one no matter what their motives or what they do, are the scum of the earth, ethical black pits, and blight on civilization. Yet the popular culture loves them. There are young hackers, male, female, black, white, Asian, Indian and Hispanic, handicapped hackers…no old hackers,of every type all over the TV fare, usually as part of the heroic team on procedurals. (There are no old hackers.) What power they have! How smart they are! Often they are ex-criminals, who managed to acquire an exciting, lucrative job by displaying their hacking skills to law enforcement in the course of committing crimes. Usually, they are the funny members of the team, or the cute, like Matthew Broderick in “Wargames.” No wonder our young see these shows and think hacking is cool. In “Jurassic Park,” Lexi, the young girl who almost gets her feet bitten off by a raptor, proudly calls herself a hacker.

“Hacker” means asshole, kid.

And I was rooting for the raptor.

2. Marley was dead. One of these days I will have to do an overview of the links to your left. They are there for their value in stimulating ethical thought and discussion, not because some asked for a link exchange. Under the “Inspiration” category—you have to scroll down to see it—is “A Christmas Carol” by Charles Dickens, arguably the best and most accessible ethics story ever written. I have directed four staged readings of the classic and three “radio” versions through the years, and I don’t know a better way to get into the proper frame of mind—an ethical one– for the holiday season.

Last night I watched actor Paul Morella perform his one man “Christmas Carol” at the Olney Theater in Maryland. Paul is a long-time friend and collaborator: he has been playing Clarence Darrow in a one-man show we created together for 17 years, and we launched a continuing legal education seminar about Darrow’s legal ethics at the D.C. Bar this year. If you live in the D.C. Metropolitan area, I can not recommend the Olney show to you more enthusiastically. As Paul points out in his notes, this is how Charles Dickens himself presented the story in front of Victorian audiences, and he did not have the benefit of the evocative sound and light effects Paul employs. Charles was also not in Paul’s league as actor, I bet.

3. One down, 102, 568 to go… Brian Ross went live on ABC last week and announced  the fake news story that then-candidate Donald Trump had instructed Michael Flynn to make contact with the Russians, thus triggering a massive stock market sell-off. Seven hours later, ABC sheepishly admitted that it was President-elect”Trump who had made the request of Flynn.  ABC News  announced last night that  Ross would be suspended for four weeks without pay. Said the Disney-owned network:

“It is vital we get the story right and retain the trust we have built with our audience – these are our core principles. We fell far short of that yesterday. Effective immediately, Brian Ross will be suspended for four weeks without pay.”

Observations:

  • Good.

It would be very good if this became the routine response when a mainstream media reporter misinformed the public through bias, negligence or incompetence.

  • Raise your hand if you think that this action only occurred because the Dow Jones crashed.

My hand is up.

  • “Retain the trust we have built with our audience…” What trust? Anyone who trusts the news media after the past two years, not to mention the past ten, is foolish, gullible, or a Democrat.

4. A pause for levity since I am so upset…Here is the Celebrity Perv Apology Generator.  This “guide for new celebrities” is also mordantly amusing, on the same topic. Continue reading →

The Rep. Kihuen Matter And The Trouble With Witch Hunts

/ Jack Marshall / 7 Comments

Accused Congressman with unidentified woman…

After last week’s appearance on an NPR panel on sexual harassment, hosted by Michel Martin, I posted some important aspects of the topic that I felt needed to be covered, but were not because of time constraints. I wrote in part…

[T]hese accusations can be weaponized, just like rape accusations on campus. Sexual harassment law can be used as a sword as well as a shield, and if provided the chance, I can explain how and give real life examples. One is Anita Hill…

The fact that sexual harassment has to be unwelcome sexual attention in the workplace is not generally understood. It also is unique: what other acts are deemed unlawful, regardless of intent, based on how the object of those acts chooses to react? This feature is why sexual harassment law is viewed by many women and men as inherently unfair. It literally means—I have a skit I use in training that illustrates this—that if actors George Clooney and Steve Buscemi behave exactly the same toward an object of their affections in a workplace setting, and the woman involved finds George attractive and Steve not so much, Steve has engaged in sexual harassment, but George hasn’t.

“When ethics fail the law steps in,” and this is a case where the law is a terrible substitute for ethics. Men like George, and, yes, Trump and even Harvey, are convinced that their touches, hugs, gropes and kisses won’t be unwelcome, and so they don’t think of themselves as harassers. For poor Steve, Al, Louis and other homely non-billionaires, it’s worth a shot, in their mind.

Meanwhile, what is “welcome”? … Is the conduct by a man with a grope or a kiss sexual harassment whenever the woman decides she would have rather it hadn’t happened? That is the issue raised by these late allegations. Let’s say a woman was [ spontaneously ] kissed by Donald Trump, and afterwards, she said to her friends, “That was cool! Donald Trump kissed me, just like that!” Then he’s running for President, and everyone she knows hates the guy, and now she thinks, “Yuck! That creep kissed me! I was one of those women he was bragging to Billy Bush about! He harassed me!”

Is that fair? Is that right? Can a man be retroactively guilty of sexual harassment because a woman’s perception of what happened changes over time?

These and other issues were just raised in one of the latest witch hunt accusations, the claim by a former 2016 campaign staffer of Rep. Ruben J. Kihuen (D-Nev), once a rising Democratic Party star,that he harassed her.

Unlike many of the other notable men who have been run down by the Harvey Weinstein Ethics Train Wreck, Kihuen, at least so far, has been accused of the most common and least horrible form of sexual harassment. The allegations would support the case that Kihuen created a hostile work environment for his subordinate by unwelcome sexual advances.  “Samantha” says that she rejected multiple sexual overtures by Kihuen, including once when when he suggested they get a room together in a hotel. She also says that in two instances he began touching her thigh, and asked if she was open to cheating on  her boyfriend. She says these attentions made her  so uncomfortable—that’s a hostile work environment!—that she quit as his campaign finance director after only five months on the job.

If an employee made these complaints to a business’s HR department, there would be an investigation. No job action could be taken against a supervisor based on her word alone. If there was no substantiation,  the supervisor denied it and no similar accusations had been made by other employees, no company could or should fire the accused individual. Moreover, until an investigation is complete, the position must be that the supervisor is innocent, and will not be penalized pending an investigation. Any other handling of such an episode is unethical: unfair, harmful, and wrong.

Kihuen denies that he engaged in harassment. Yet Nancy Pelosi, she who insisted less than a week ago that “due process” must play out before Rep. John Conyers should have to resign after multiple accusations from women, now says that Kihuen must resign based on one woman’s allegation, before any investigation.

This is true witch hunt stuff. Nothing has been proven. By this standard, a woman can kill a man’s career with an accusation. That is a lot of power. Power corrupts. Pelosi wrote, Continue reading →

Comment of the Day: “‘White Christmas’ Ethics Addendum: Battlefield Incompetence, Insubordination And More In The Holiday Classic”

/ Jack Marshall / 7 Comments

To kick off the Not-Too-Early-To-Play-Christmas-Music Season, here is a Comment of the Day that adds another chapter to the Ethics Alarms commentary on “White Christmas,” the Bing Crosby-Danny Kaye musical film that is one of the five or six most resilient of the Christmas classics. The initial ethics analysis is here.

The post that spawned the latest take was a rare guest essay by Ethics Alarms veteran texagg04.

Now comes new commenter SykesFive to provide insight into the pivotal character of General Waverly, played by Dean Jagger. Among other things, he argues that one reason the general was so beloved was that he was poor general, treating the lives of his men as more important than his mission.

Here is his Comment of the Day on tex’s post, “White Christmas” Ethics Addendum: Battlefield Incompetence, Insubordination And More In The Holiday Classic:

I have a somewhat different take on this. I sometimes think I am the only person who thinks so much about the Waverly character.

As the scene opens, Major General Waverly is being relieved for frankly the only reason American unit commanders were relieved during the war: he didn’t take the objectives. That is failure. It could be lack of aggression or poor coordination or anything else, but ultimately it is failure and the commanding officer will pay the price. He will be shuffled off to a rear area command, or maybe just left to bum around the theater, and be out of the Army by the end of 1945 because his record will be so tarnished. He will be lucky not to revert to his prewar rank.

Waverly’s age suggests he was a company-grade officer during WWI and may or may not have seen combat during that conflict’s closing weeks, then spent decades idling in the interwar army. Apart from whatever happened in 1918, Waverly has no more combat experience than anyone else in the division. He is not an experienced commander by any measure. He had the right credentials–a few articles in service journals, no serious problems on his posts, and of course a West Point Ring–but had never really been tested as a field-grade officer. Again this is a common profile.This is a very common profile for WWII US Army division commanders.

So in 1940, let’s say Colonel Waverly seemed like a likely candidate for command of an infantry division in the expanding army. He did well enough with some trial commands–all during stateside training and expansion–and was promoted to one and then two stars. He seemed competent enough when the 151st Division was formed and went through let’s say nearly two years of intensive training in Texas or California or wherever. And so the division was sent to Europe in let’s say August 1944, then spent a couple months languishing in Normandy or the Pas de Calais region, during which time Waverly was a friendly presence at other officers’ headquarters as well as around his division. Bear in mind that at this point, and really for the whole war after the breakout from Normandy, the limit on American frontline strength was providing fuel and artillery shells. There were more men and tanks than could be sustained at the front. Continue reading →