Comment Of The Day (1): “An Ethics Alarms Holiday Challenge! Identify The Rationalizations, Logical Fallacies, Falsehoods…”

While I was away talking about legal ethics with some extremely lively and ethically astute D.C. lawyers, I challenged the Ethics Alarms regulars to identify the rationalizations, logical fallacies, falsehoods and outright errors in this risible essay by Noah Berlatsky, who presented a terrible case for suspending the First Amendment in the case of “Nazis” (not that there is a good case available) that was somehow deemed worthy of publication on the NBC website, in a section called “Think,” of all places. To be fair, NBC does not have a section called “Brain Dead,” so that wasn’t an option.

A brief sample of Noah’s reasoning:

“This doesn’t mean that the First Amendment is useless, clearly. Hopefully it will play a part in helping the protesters, known widely as the J20 defendants, go free. But it also isn’t a cure for all social ills. Hate speech hurts marginalized people, and the First Amendment doesn’t always and invariably protect them. Free speech advocates say that hate speech “is a price ‘we’ pay for living in a free society,” Delgado told me, but they never stop “to add up the two accounts” or look “to see on whom the price is imposed.”

“I’m expecting some Comments of the Day when I get back from my seminar,” I wrote.

I got them. First up is this masterful effort by Mrs. Q. As of this moment, Mrs. Q holds the Ethics Alarms record for the best Comment of the Day- per-comments-made-ratio (min. 25 comments or more). This COTD is also notable for its rare format, the satirical parody.

Here is Mrs. Q’s Comment of the Day on the post, An Ethics Alarms Holiday Challenge! Identify The Rationalizations, Logical Fallacies, Falsehoods And Outright Errors In This Essay Advocating Limits On Speech…:

Hi. My name is Noah. I’m Jewish so I can tell you all about what black people go through. Also I just fuckin’ hate Nazi’s for the obvious reasons. So anyway I’m mostly going to refer to one book by two authors as my jumping off point. I know that’s rather limited in making a coherent case but hey, free speech right?

First off I want you to know I’m woke. You know this because even though my fellow liberals are becoming more anti-Semitic thanks to Black Lives Matter collaborating with BDS, I’m still being published on NBC news which you know, is super down, which means I’m super down too. Continue reading

Morning Ethics Warm-Up, 12/29/2017: Daring The Alt-Right

GOOD Morning, Everyone!

1 Ethics Alarms Holiday Challenge! report: You did not disappoint  me. I have not read all the comments in detail yet, but the various evisceration of NBC’s jaw-droppingly stupid call for an end to freedom of speech produced at least five strong Comment of the Day candidates. I won’t re-post all of them, because Noah’s inept screed doesn’t warrant that much space, frankly. Good job!

On a related administrative note, I’m really going to try to get all the Ethics Alarms Best and Worst completed this year (having fallen short the last two), and would appreciate nominations in all categories. (Some examples are here and here, but don’t feel constrained. New categories are welcome.)

Use this post, please, or e-mail me at jamproethics@verizon.net.

2. Doesn’t help…President Trump couldn’t resist tweeting this:

‘In the East, it could be the COLDEST New Year’s Eve on record,’ he tweeted from Mar-a-Lago Thursday night, where it is currently a balmy 78 degrees Fahrenheit Perhaps we could use a little bit of that good old Global Warming that our Country, but not other countries, was going to pay TRILLIONS OF DOLLARS to protect against. Bundle up!’ 

Ugh.

  • These are the tweets that try men’s souls. It’s just never a good thing for the leader of the country to broadcast his ignorance and deficits of critical thought.
  • It would be a bit less annoying—but still unpresidential and self-destructive,  if the President were satirizing the climate change chorus, which despite the fact that the science they claim to revere so much says its nonsense to do so, still cite individual weather events as “proof” of global warming, most recently the 2017 hurricane season. Or if he were trolling his foes, which he is often masterful at doing, trying to lure them into hypocrisy. Predictably, journalists took the bait anyway, with many suddenly becoming sticklers for the key distinction between  climate change, and weather after years and years of intentionally blurring in in their interviews and reporting. Sadly, there is no reason to believe the President was doing anything but trumpeting his own scientific illiteracy.
  • I wonder what the President’s approval ratings would be if he had never sent a tweet after taking the oath of office?

Continue reading

An Ethics Alarms Holiday Challenge! Identify The Rationalizations, Logical Fallacies, Falsehoods And Outright Errors In This Essay Advocating Limits On Speech…

…then please explain to me…

…why NBC would put such crap on its website, especially in a section called “Think”…

…how a freelance writer for a comic book website is deemed qualified to discuss Constitutional law..

…how people can graduate from college and not understand the principle of free speech better than this guy…

…why a “case” so easily refuted (“If you can proclaim what Nazis say as illegal speech, what will stop some other group with temporary power from declare your speech illegal?”) continues to be argued by so many?

Read the thing here.

(Keep a bucket handy.)

I’m expecting some Comments of the Day when I get back from my seminar…

 

Morning Ethics Warm-Up, 12/28/2017: Bad Lawyer, Bad Losers, Bad Lottery, Bad Policy

 

GOOD MORNING!

1 Gee, I wonder how this happened? I’m doing a year-end legal ethics seminar for D.C. Bar members this afternoon, and this story showed up in time for me to use. A federal jury has found Evan Greebel, the former lawyer for convicted fraudster Martin “Pharma Bro” Shkreli guilty of helping the fick pharmaceutical executive craft a scam to repay defrauded investors. You remember Shkreli—this guy, who entered the Hall of Infamy for his unapologetic price-gouging of the HIV drug Daraprim after he bought the rights to the drug and  then hiked its price from $13.50 to $750.

Prosecutors  claimed Greebel, Shkreli’s lawyer during  scheme, gave his client detailed advice on how to pay off investors in his  hedge funds, MSMB Capital and MSMB Healthcare, with his company’s  funds, as well as how to circumvent trading restrictions. He was also was accused of participating in fraudulent backdating of documents and helping draft phony settlement and consulting agreements. Greebel’s lawyers countered that Shkreli was an evil manipulator who dragged his own lawyers, unaware, into his crimes. his own lawyers. Greebel, they said, acted in good faith as the outside attorney for Shkreli’s company, and lacked criminal intent.

The news story ends with this:

“Greebel, a partner with Katten Muchin Rosenman, saw his annual salary triple from $355,000 in fiscal year 2013 to $900,000 in 2014, when he was advising Shkreli.”

The moral: Nothing freezes ethics alarms like a lot of money.

2. What do Roy Moore, Al Gore and Hillary Clinton have in common? They are lousy losers. Moore, the horrible GOP candidate for the empty Alabama Senate seat, has filed a lawsuit to try to stop Alabama from certifying Democrat Doug Jones as the winner of the U.S. Senate race. Moore lost by 20,000 votes, but insists that there were irregularities. He wants a fraud investigation and a new election. Once upon a time, even the losers in close elections where some funny things went on conceded gracefully and accepted the results. This was a traditional demonstration of respect for the system and democracy, and girded our elections from cynicism and distrust. Even Samuel J. Tilden, the Democrat who was cheated out of the Presidency despite winning both the popular and the electoral vote, acceded to the back room deal that gave Hayes the victory.

No longer. Al Gore permanently killed that tradition in 2000, and Hillary’s minions set the corpse on fire in 2016. Now losing candidates can be expected to exploit any excuse imaginable to try to reverse election results. This is a dangerous slippery slope the endless Florida recount put us on, and I fear that it will eventually slide into violence. Better that the occasional election be won illicitly than to have every election be a potential court case.

In other news, the determination of a tie-breaker to settle who won a decisive seat in Virginia’s House of Delegates has been delayed after lawyers representing Democratic candidate Shelly Simonds filed a motion asking a trio of circuit court judges to reconsider their decision to allow a controversial ballot to be counted as a vote cast for her Republican opponent.

Of course! Continue reading

From The “UGH! Will They EVER Stop Making Me Defend President Trump?” Files: The Kennedy Center Honors Double-Bind

I really, really wanted to bury this one in the Morning Warm-Up. I’m thoroughly sick of writing about the dishonest manipulation of facts and principle used to attack President Trump every day, many times, in the mainstream news media. I am sick of pointing out how unprofessional the Trump-hating publications are that uncritically publish screeds that they would never accept as meeting basic standards of ethical journalism if it weren’t for the identity their target: this President of the United States. I’m also sick of readding proyests from readers trying to rationalize such miserabl ejournalism and punditry. I know readers are sick of all of this too, but the important point is that gullible members of the public and partisan journalists are not sick of the tactic, or ready to play it straight.  They are counting on those who care about fairness, process and truth to give up before they do.

Well, they will wait a long time for me, especially when they publish opinion pieces as bad—misleading, unfair, and unethical— as this one, by playwright Sarah Ruhl.

Ruhl criticizes the President in inflammatory terms for not attending the Kennedy Center Honors ceremony as its host. The White House announced in August that the Trumps would not participate in the December 3 event in Washington, D.C. to avoid “political distraction.” “The president and first lady have decided not to participate in this year’s activities to allow the honorees to celebrate without any political distraction,”  Sarah Sanders said in a statement, adding that the president and Melania Trump “extend their sincerest congratulations and well wishes to all of this year’s award recipients for their many accomplishments.”

Ruhl criticizes the decision in the most inflammatory terms:

“In dictatorships, the artists are often the first to go. Or maybe they are the third to go, after the press and the intellectuals. The refusal of the president to celebrate them is a chilling and clear departure from American values. Perhaps the Trumps didn’t want to compete with the Obamas, who at the 2016 Kennedy Center awards received the longest standing ovation of the evening.”

What unbelievable gall!  Nowhere in Ruhl’s piece, which unflatteringly compares Trump to previous Presidents who attended the gala, does she mention a material fact. Did you catch the omission? Do you think Times readers and the people who are being primed to detest the President did?

The announcement that the Trumps would not be attending came only after honoree Norman Lear, creator of “All in the Family,” “Maude” and “Sanford and Son,”—and also of the ultra-left advocacy group People for the American Way—said that he would boycott the White House reception in protest of the President’s proposed funding cuts to the National Endowment for the Arts and the National Endowment for the Humanities. His fellow 2017 honorees musician Lionel Ritchie and singer Gloria Estefan also hinted that they were considering making a snub of their host a centerpiece of the event. Continue reading

Reluctant And Uncertain Ethics Observations On The U.S., Israel, And United Nations Squabble

International relations is an ethical morass, and the Israel/Palestinian mess is an ethical morass inside an ethical morass. In international relations, gaffes turn out to be masterstrokes, and vice-versa, and my usual rejection of consequentialism doesn’t always fit. It is politics on steroids, and a never ending Ethics Train Wreck. Thus I approach the topic of the events that roiled the U.N. right before Christmas with trepidation. There were obviously ethical principles in play here, but beyond that, my certainty recedes like my hairline in 1976.

The background: On December 18, UN ambassador Nikki Haley vetoed an Arab-proposed Security Council resolution that rebuked President Trump’s decision to recognize Jerusalem as Israel’s capital and start the process of moving the US embassy there. All other 14 Security Council members supported the anti-American resolution, including U.S. allies Great Britain, France, and Japan. Then the UN General Assembly went on to pass a non-binding resolution disapproving of the Trump administration’s decision. Several more U.S. allies failed to vote with the U.S., including Canada and Australia, which abstained.  Before the general assembly vote, Haley announced the US was “taking names” of those voting against the US. and afterward, the U.S. held a party where the only countries invited were Guatemala, Honduras, Israel, the Marshall Islands, Micronesia, Nauru, Palau, and Togo, all of which voted with the U.S.

Finally, Haley announced that the U.S. had negotiated quarter billion dollar cut to the UN’s annual budget, saying  “We will no longer let the generosity of the American people be taken advantage of or remain unchecked.”

1 Was it responsible for the U.S. to condemn the actions of the nations, including its allies, that voted for the resolution in the Security Council and the the General Assembly?

The U.S. should be strong rather than weak, and must stand up for core principles. It is beyond argument that much of the hostility to the U.S. decision to move its embassy to Jerusalem was based on anti-Israel bigotry, which flourishes in many of the nations that voted against Israel and the U.s., notably France. The Obama policy was to generally allow the U.N. to direct the U.S., with Obama “leading from behind,” an oxymoron that was a euphemism for “not leading at all.” Many of the nations opposing the U.S. are Arab nations, Muslim nations, and nations who are worried about unrest in their large Muslim populations.

The assertion of a false moral equivalency between Israel and the Palestinians among a majority of the world (and a lot of Democrats) should not be enabled. The Palestinians still officially refuse to acknowledge Israel’s right to exist. British UN Ambassador Matthew Rycroft, for example, said that “The status of Jerusalem should be determined through a negotiated settlement between the Israelis and the Palestinians} and that that Jerusalem must “ultimately be the shared capital” of Palestine and Israel. Yes, that will work well, with the Palestinians still refusing to acknowledge Israel’s right to exist.

The status of Jerusalem, like the status of Palestine, is what is technically known as “all messed up.” In 1949, Israel’s first Prime Minister, David Ben-Gurion, proclaimed Jerusalem as Israel’s “eternal” and “sacred” capital, saying that only hostilities against Israel  had “compelled” its  leadership to establish the seat of Government in Tel Aviv.  “For the State of Israel, he said, “there has always been and always will be one capital only – Jerusalem the Eternal. In 1950 all branches of the Israeli government—legislative, judicial, and executive—were moved to Jerusalem, except that the Ministry of Defense, stayed in Tel Aviv. At the time of Ben Gurion’s proclamations Jerusalem was divided between Israel and Jordan and thus only West Jerusalem was proclaimed Israel’s capital. Then, in 1980, Israel passed the  Jerusalem Law, which declared Jerusalem the “complete and united” capital of Israel. In response, the United Nations Security Council passed Resolution 478 that same year, declaring  the law  “a violation of international law.”  “null and void” and that it “must be rescinded forthwith.” Member states were told to withdraw their diplomatic representation from Jerusalem, and 22 of the 24 countries that previously had their embassy there moved back to Tel Aviv.  In 1995, under President Clinton, the United States Congress passed the Jerusalem Embassy Act, which required, subject to conditions, that its embassy be moved from Tel Aviv to Jerusalem.

Whether the U.S. tactics will work out well or not is a matter of conjecture, and impossible to know. Are they ethical? Sure they are, compared to the alternative.

2. Was Haley’s Trumpian, tit-for-tat, we take this personally and you’ll regret it rhetoric responsible and ethical? Continue reading

A Trigger Warning About A Trigger Warning: Audiences Should Walk Out Of The Movie Theater When This Appears

This is not a joke. This is not The Onion. This is real. And frightening.

At the beginning of “Darkest Hour,” the new film about the wartime heroism and brilliance of  Winston Churchill, this warning appears on the screen:

“The depictions of tobacco smoking contained in this film are based solely on artistic consideration and are not intended to promote tobacco consumption. The surgeon general has determined that there are serious health risks associated with smoking and with secondhand smoke.”

Winston Churchill, you see, smoked cigars. Actually he chain-smoked them, and inhaled. They were among his trademarks. Any adult who doesn’t know that should not have graduated from high school. Interestingly, shooting and bombing people are also serious health risks, so I don’t know why it wasn’t noted that the depictions of warfare contained in this film are based solely on artistic consideration.”

Whatever “based solely on artistic consideration” is supposed to mean…

Of course, showing Churchill smoking cigars is not an “artistic consideration,” but one of historical accuracy and integrity. Does this mean that there was really a debate in the studio about whether or not Churchill should be shown smoking, so as not to trigger good little progressive totalitarians, who believe in changing the past for the greater good of the present? I wonder if they considered making Winston, who was fat, appear slim and ripped, since the surgeon general has determined that there are serious health risks associated with obesity and over-eating. I don’t see why they wouldn’t, if they felt that showing people smoking in the 1930s, when almost everyone smoked,  might be interpreted as promoting smoking today.  Churchill also drank like Bluto in “Animal House.” Why no warning about that? Uh-oh—does this mean that the film, for artistic considerations, only shows Winston sipping soda water and prune juice? Continue reading

Morning Ethics Warm-Up, 12/27/17: Height And Leadership, Among Other Things

 

Good Morning, all.

1  Fake news update. The news media’s daily efforts to poison public opinion against the President and everything connected to him is so—someone give me a new adjective,please, as I am sick of despicable, unconscionable,  outrageous, unforgivable, even unethical—reprehensible that I feel pulled into the position of having to defend Trump in order to defend basic ethical principles.

Newsweek featured this headline yesterday:

Melania Trump Orders Removal of Near-200-Year-Old Tree From White House

Those monsters! These crude Trumps, with no respect for history or tradition, trash everything they touch–even the famous magnolia Andrew Jackson planted in 1828, in honor of his late wife Rachel, who died before he took office. The Trump Hate Mob picked it up from there, with one tweeter sneering online,

“A rotten dying Iconic White House tree is representative not just of Trump’s brutal attack on Mother Earth & science, but it’s symbolic of everything that Trump has done to our sacred Democracy since taking office.”

The tree had to be removed, as even Newsweek explained if a reader got past the misleading headline, which many readers don’t…

CNN obtained documents from specialists at the United States National Arboretum, which determined the magnolia tree must be removed. The tree is “completely dependent on artificial support,” the document read.

The document said, “Without the extensive cabling system, the tree would have fallen years ago. Presently, and very concerning, the cabling system is failing on the east trunk, as a cable has pulled through the very thin layer of wood that remains. It is difficult to predict when and how many more will fail.”

Moreover, only part of the tree, and not “the tree,” is being removed. From CBS:

A “large portion” of the Jackson Magnolia, a tree that has been a South Lawn fixture since the 1800s, is being removed, the White House says. It had become a safety hazard after decades of decay…A substantial portion of the Jackson Magnolia will be removed …including one tree limb which will be conducted by the National Park Service, CBS News has confirmed.

(Look at the photo above. I bet you can guess which portion is being removed.)

Wait…one tree limb will be conducted? What’s that supposed to mean? And back to the Newsweek headline: what’s a tree doing in the White House anyway? It should have been removed centuries ago.

Fake news.

Also, news copy apparently written by monkeys at a keyboard… Continue reading

The Christmas Asshole, Neil DeGrasse Tyson

“Merry Christmas to the world’s 2.5 billion Christians. And to the remaining 5 billion people, including Muslims Atheists Hindus Buddhists Animists & Jews, Happy Monday.”

What would justify a public figure tweeting that kind of arrogant, hostile, belittling message  at his fellow citizens  on Christmas Eve?

Nothing.

This was one of Neil deGrasse Tyson’s tweets yesterday. I’m sure the nation’s most prominent and least deserving pop intellectual assumed that his many Twitter followers who hang on every word of revealed wisdom he utters  would appreciate his giving Christmas the metaphorical back of his hand, which only means this asshole has a lot of asshole followers.

Why do this? It is not as if there is any delusion among Christmas revelers that “billions” of others in the world do not have the pleasure of celebrating the world’s most inclusive and ethical cultural holiday. Tyson’s intent was not to inform, it was to diminish, using a version of the Golden Rationalization: “Everybody does it;” in this case, “More people do it, so what you do instead isn’t as great as you think it is.”

Asshole. Tyson doesn’t have to observe Christmas, and he doesn’t have to absorb the wisdom that Scrooge learned so traumatically, he need not acknowledge an annual ritual in which we are all encouraged to embrace love, peace, generosity, ethics, respect, charity, empathy, selflessness and hope for at least a day, opening the possibility that the enlightenment may last longer, and even a lifetime, as it did for Ebeneezer.  If he had any decency or common courtesy, however, he wouldn’t try to spoil the holiday for anyone else not so blighted. As Richard Fernandez wrote yesterday, deftly exposing the flaw in fatuous efforts among  various sad enclaves of progressives more concerned with triggering some offense with a “Merry Christmas!’ than with the health of society itself, it is helpful to understand

“…Christmas as playing a role analogous to the fictional baseball field in the movie Field of Dreams: not a place or day but a reverie. To paraphrase the famous speech to Ray, when people come to Christmas, …”it’ll be as they’d dipped themselves in magic waters. The memories will be so thick, they’ll have to brush them away from their faces. …  It’s been erased like a blackboard, rebuilt and erased again.” But Christmas has marked the time. Marked the time because, as C.S. Lewis once adventured,  Christmas is not an idealized memory of childhood but of something glimpsed in childhood.

“These things—the beauty, the memory of our own past—are good images of what we really desire; but if they are mistaken for the thing itself they turn into dumb idols, breaking the hearts of their worshipers. For they are not the thing itself; they are only the scent of a flower we have not found, the echo of a tune we have not heard, news from a country we have never yet visited.”

…The effort to erase Christmas will probably fail for no other reason than that it meets a human need that a mechanical bureaucratic day off cannot fulfill. Humanity needs a time to mark the growth and change in the family, an occasion to renew hopes and put aside fears and a chance to remember something we once knew: that everything’s going to be alright in the end. It really will.

Continue reading

Morning Ethics Warm-Up, 12/26/17: No, Everything Isn’t Horrible, But It’s Much Better If You Aren’t Ugly Or Paul Krugman…

Good Morning!

1 A strange disconnect. Does anyone else find it strange that Turner Movie Classics, which I would generally describe as a national cultural treasure, would choose Christmas Day of this year to highlight the career of director Alfred Hitchcock? As Hollywood and the movie industry are going to extreme lengths to purge themselves of the sexual predators in their midst, in some cases literally sending artistically outstanding works and careers into cultural purgatory, and with even calls for moderation and proportion (Matt Damon) or protestations of naive or denial-fueled ignorance (Meryl Streep) being sufficient to spark a professional crisis and widespread public criticism,  TCM, the modern day TV curator of Hollywood’s Golden Age, selected the most infamous sexual predator among all legendary American directors as its special Christmas treat.

Yeesh.

I don’t know what to make of this. Did the ethics alarms just go dead at TCM? Is this a case of “The King’s Pass,” as in, “Yes, male power figures in Hollywood engaging in sexual misconduct has been a terrible problem and it is important that this is finally being addressed, buuuut this is Alfred Hitchcock, after all. We have to over-look all of that because he’s a genius…”? The work of an artist should not be devalued because of his character or his unethical conduct, personal or professional, but at the same time, cheering the great sexual harassers of the past while trying to destroy tolerance of sexual harassment in the present seems like activities that should not be occurring simultaneously, since the two objectives undermine each other.

2. Is fake “doom and gloom” unethical?

The constant representation to the American people that the nation is in the midst of existential disaster when it obviously–well, if one isn’t completely addled by confirmation bias it should be obvious—is not can’t exactly be called “fake news,” but it is just as sinister in intent and just as dangerous in its potential results.

My errant focus was brought to this phenomenon in a film review, of all places. A.O. Scott, the New York Times reviewer who is incapable of not bringing his partisan and political biases into his reviews (thus making him a lousy reviewer, like the New Yorker’s late Pauline Kael) began his take on Matt Damon’s eco-fantasy “Downsizing” with this statement:

“A radically dystopian future seems like the best we deserve these days..”

Then I began looking for sentiments in pundit pieces and other commentary in the news media about how uniquely horrible it was to be an American in 2017. That assumption has tainted so much news reporting this year that it amounts to virtual brainwashing, and yet that characterization is false, in both comparative and absolute terms. Not only are many trends and developments uncontroversially positive, such as the long-delayed economic recovery, including booming business and consumer confidence, but in other areas as well. Yet The New York Times consistently publishes pieces like this one, by Paul Krugman on Christmas Day, titled, “America Is Not Yet Lost.” It is like a medical school case study on derangement, or a broadcast from the Bizarro Planet. We are told, directly or indirectly, that the reasons that the United States is in historically dire straits is because the Democrats lost the election, the headlong rush towards becoming just like the European socialist nanny states that they thought was finally assured has been stalled, and because, most of all, Donald Trump is President.

I can’t decide whether all these pundits really believe this, in which case they are mentally and emotionally unfit to do their jobs, or if this is a concerted, desperate effort to create panic and hysteria in defiance of reality, in order to justify undoing the election.  The characterization of the GOP tax bill was the most recent example of how the negativism makes legitimate analysis impossible. “This is wrong !” is always a perfectly responsible argument in a democratic society. “This is evil and will destroy us all!” is not. Continue reading