Year: 2018

Comment Of The Day (7): “An Ethics Alarms Holiday Challenge! Identify The Rationalizations, Logical Fallacies, Falsehoods…”

/ Jack Marshall / 34 Comments

Yes, there are more Comments of the Day emitting from the Holiday Challenge, which asked readers to answer Noah Berlatsky’s  essay on NBC’s website advocating the government censorship of “hate speech.” That’s not hard to do, or shouldn’t be. It is hard to do well, though. Many, many commenters did it remarkably well.

We talk about freedom of speech a lot here. The concept is not ethics, but it is a convergence of many ethical values—respect, fairness, autonomy, rights, process, empathy, openness, accountability, and citizenship. This is definitely a United States history and culture oriented blog, and no nation or culture elevates free speech to the priotity in its values that this nation does. That is one of its enduring strengths, That this strength has been increasingly under attack recently naturally sets ethics alarms ringing, or should.

After he authored the 2017 Comment of the Day that attracted more commentary, by quite a bit, than any of the thousand plus essays I labored over last year, I couldn’t omit this one by Zoltar Speaks! in response to the Challenge.

Here is his 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…:

The problem is that those that want to define “hate speech” these days don’t know the difference between free speech, hate speech, verbal threats, actively inciting riot/mayhem/chaos, and actual physical violence.

In my opinion…

1. Free speech as in sharing opinions, protesting, print, media, etc. etc. is clearly protected under the United States Constitution whether you agree with it or not. Period!

2. Hate speech in its simplest form is that which implies or states outright that the speaker(s) hate someone or something, this is clearly protected under the United States Constitution. Hate is an opinion/thought not an action and you and I have every right to think whatever the hell we like and hate is part of that.

3. Verbal threats are borderline protected speech, it can depended on the conditions surrounding the threat, the type of threat, the intent to follow through with the threat, and the physical ability to follow through with the threat. If some run-of-the-mill US citizen were to threaten to blow up NYC with a nuclear bomb, that would not likely be an achievable threatening goal because run-of-the-mill US citizens do not have possession of nor have access to nuclear devices, but if the same run-of-the-mill US citizen actually threatens to kill the mayor of NYC, the President of the United States, their spouse, the soccer coach, white people, black people, gays, their boss, or their asshole neighbor, or that drunken prick at the bar, that should be taken very seriously as an achievable threatening goal. If Jill threatens to tell Mom that Jack drank out of the milk container, it’s certainly a verbal threat that’s achievable but it’s certainly not an abusive verbal threat. Get the idea? Continue reading →

Ethics Hero: Orrin Hatch

/ Jack Marshall / 19 Comments

Our political culture has come to a sad state when the simple act of retiring before obvious disability intervenes is an act of rare responsibility and courage. We are at that sad state, however, so the announcement by 83-year-old Utah Senator Orrin Hatch, the longest-serving Republican senator in American history, that he will not run for re-election in 2018 is worthy of salute. Hatch will leave the Senate at the end of his current term, after 42 years in office. He is giving up power, something so many find difficult to do.

Hatch has power now: he is the chairman of the powerful Senate Finance Committee.  He played a pivotal role in passing the Trump tax reform bill that passed  before Christmas, and decided that it was a fitting way to crown his historic Senate career. It isn’t exactly Ted Williams hitting a home run in his final at bat; for one thing, there is another year to go before Hatch’s term is up. Nonetheless, he is doing one of the hardest things for a p0werful figure to do, especially, it seems, today’s Senators in both parties,

More than half of the 18 Senators up for reelection in 2018 will be over the age of 65.  If they win, another six years in office would put Senators Feinstein, Nelson, and Sanders well into their 80s. By the 2020 elections, 21 of the 33 Senators running for reelection will be 65 or older. This is neither healthy for the country nor responsible, and the problem extends beyond the Senate. Over the past three decades,  the average age of a member of Congress has steadily increased. In 1981, the average age of a Representative was 49 and the average of a Senator was 53. Today, the average age of a Representative is 57 and the average of a Senator is 61.  House Democrats are especially antediluvian:  the average age of the Democratic House leadership is 72 years old, in contrast to the average age of Republican House leadership, 48 years. Continue reading →

Ethics Dunce: Logan Paul

/ Jack Marshall / 20 Comments

I was blissfully unaware of the existence of Logan Paul until this morning. He’s a unique creation of the cyber-age, a 22-year-old college drop-out whose occupation is “social media entertainer.” He makes daily videos–“vlogs”—that he posts on his YouTube channel. It has 15 million followers, along with his hundreds of thousands of others across social media, and is regarded as major cultural force, for what, I have no clue. He is, of course, rich.

In pursuit of more followers and cash, he posted a video, since  removed from YouTube available elsewhere online, that features a dead young man, lying in a Japanese forest known as the “Suicide Forest,” which lies at the base of Mount Fuji. Paul began by telling his YouTube fans,

“This definitely marks a moment in YouTube history Because I’m pretty sure that this has never hopefully happened to anyone on YouTube ever. Now with that said, buckle up!”

With that titillating intro, Paul described the reputation of the Aokigahara Forest at the base of Mount Fuji. It is a popular site for distraught Japanese to end their lives, and is thus known as “the Suicide Forest.”  Locals also say the forest is haunted, another exiting feature that Paul and his companions hyped as they walked along. Then they come across the dead body. The video blurred his face. “Yo, are you alive?” Paul shouted at the dead man. As a camera zoomed in, Paul described the body’s condition, and speculated that the death was recent.

After making the obligatory observation that depression and mental illness are not a joke, Paul’s group left the scene and he began joking, with the mugging and giggling his fans are accustomed to seeing on his vlogs. At the end of the video he encountered a young fan and told him, smirking and pointing the way, “I have one piece of advice. Don’t go over there!”

And yes, he was wearing that hat (above) the whole time.

 The video was posted over the weekend, and did not receive the desired response. Many expressed horror that a young man’s body would be used a a prop, and that Paul would be cavalier about mental illness, depression and suicide. Now the Cyber Furies are after him, and threatening to turn him from web star into a web pariah. Continue reading →

Morning Ethics Warm-Up, 1/2/2018: Cheaters, Stoners And Head Explosions

/ Jack Marshall / 20 Comments

good morning

(i lived in e e cummings’ old dorm room as a college freshman. never got him at all, but it would be great not to have to worry about the shift key)

1 Three wrongs don’t make a right. They track baseball’s Hall of Fame votes as they come in now, using those ballots that the baseball writers make public (not all of them do). It looks like neither Barry Bonds, nor Roger Clemens, the all-time “greats”—cheaters cannot be fairly considered great—who sullied the game and its records by using performance enhancing drugs, are not gaining support to the extent than many predicted, and will fall short again.

Good. That makes six years down and only four more to go before the two are no longer eligible for this method of entering Cooperstown. Not so good is the development that the newer and younger voters tend to support Barry and the Rocket while the older sportswriters they replace as voters did not. Why is this? Well, the young Turks don’t see anything wrong with illegal drugs, for one thing: they probably used–use?— them themselves. Next, they have been hearing the routine rationalizations and flawed arguments defending Bonds for 20 years, which can rot one’s brain—I know they have nearly rotted mine, and I know they are worthless. Mostly, I think, each succeeding American generation has less ethical literacy and competence than the one before. The field isn’t taught in grade school, is barely mentioned in the media, and unlike the good ol’ days of “The Lone Ranger,” “Father Knows Best”  and “The Defenders,” popular culture undermines an ethical culture more than it nurtures one.

There is also a new bad argument for letting in Bonds and Clemens, which would then open the floodgates for arguably worse baseball deplorables like Alex Rodriguez and Manny Ramirez—who knows? Maybe even Pete Rose. That line of reasoning  is that since the Baseball Commissioner, Bud Selig, who averted his gaze while the steroid epidemic was infecting every team and the evidence was undeniable, was admitted to the Hall last year by his complicit cronies, the cheating players he enabled should be forgiven too.

That this is increasingly being cited a justification by the younger writers tells us that mothers aren’t teaching their kids that two wrongs don’t make a right any more.

2.Three wrongs don’t make a right, Part II. In related news, California went all-pot-head at midnight New Years Eve. My conviction that legalizing marijuana is an abdication of government’s responsibility to protect society, a leap down a deadly slippery slope, and the product of greed and cowardice hasn’t abated one iota, but I’m happy to have a large-scale experiment to prove me wrong—or right. Now we can expect a wave of stoners as well as illegal immigrants into the Golden State—ah, what a paradise it will be! This creeping crud in U.S. culture is also in part the result of a terrible example of “two wrongs make a right” fallacy—I’m sure you have either heard it or—yecchh—used it yourself. “Alcohol and tobacco are worse than marijuana, and they are legal!”

Yes, about that: guess what is on the rise and killing more people? From the New York Times a few days ago:

[A]lcohol overuse remains a persistent public health problem and is responsible for more deaths, as many as 88,000 per year. … [T]here has been about a 50 percent uptick in emergency room visits related to heavy drinking. After declining for three decades, deaths from cirrhosis, often linked to alcohol consumption, have been on the rise since 2006….[B]inge drinking — often defined as five per day for men and four per day for women — is on the rise among women, older Americans and minorities. Behind those figures there’s the personal toll — measured in relationships strained or broken, career goals not met and the many nights that college students can’t remember.

3. Gee, thanks, David, I love starting a new year with my brains on the ceiling...David Leonhardt, one of the many Democratic operatives with press credentials (Instapundit calls them)  writing for New York Times, exploded my head with his New Years column, “7 Wishes for 2018.” His wishes 1, 2, 6 and 7 each would have done the trick by themselves, but collectively it was Krakatoa all over again.

Here are David’s four wishes: Continue reading →

Comment Of The Day (6): “An Ethics Alarms Holiday Challenge! Identify The Rationalizations, Logical Fallacies, Falsehoods And Outright Errors In This Essay…”

/ Jack Marshall / 77 Comments

The  Comment Of The Day Weekend concludes with a short but trenchant installment by Still Spartan. It does the metaphorical heart of old Ethics Alarms good to see such spirited and unequivocal defenses of free speech here in response to a shocking flirtation by a major news network with the idea of banning “hate speech,”  publishing  Noah Berlatsky’s juvenile opinion piece.

(Believe it or not, there are two more Comments of the Day waiting from the same post.)

Does this confirm the frequent accusation that the blog is over-subscribed by conservatives? Perhaps. Nobody here seems to be defending Berlatsky, and of late, I can’t recall any conservatives or Republicans claiming that “hate speech” isn’t protected by the Bill of Rights. Just people like Berlatsky, his two confused law professors, CNN star Chris Cuomo, Boston Mayor Marty Walsh (guess what party?) former DNC Chair and Vermont Governor Howard Dean, Black Lives Matter, the Democratic mayor of Portland, Vox, indoctrinated college students, professors like Berkeley leftist George Lakoff, and college presidents.

Are there any votes for Donald Trump in that group? Never mind Trump: Mitt Romney? Any Bush? John McCain? James Madison? Voltaire?

Here is Still Spartan channels Voltaire in her  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…

I have liberal friends who think counter-protesting or banning certain speakers on college campuses truly is the way to a more peaceful and enlightened society. I have conservative friends who are outraged/disgusted at gay pride parades, and quite frankly would be more comfortable going back to the days where gay men hid in heterosexual marriages or became that special uncle who remained a life-long bachelor. Continue reading →

California’s Ethics Rot

/ Jack Marshall / 19 Comments

This is the prevailing culture in the state Hillary Clinton won so overwhelmingly that she was able to claim that she really “won” the election. You don’t want to live in that culture. It opposes the Freedom of Speech.

Opposing free speech is unethical. It also is undemocratic. But Californians are increasingly incapable of seeing this. It is a case study in how a culture rots. Some recent examples of how the rot is proceeding.

I. Mean Facebook posts are crimes.

In 2016, Mark Feigin posted five insulting comments on the Islamic Center of Southern California’s Facebook page. Among them:

  • “THE MORE MUSLIMS WE ALLOW INTO AMERICA THE MORE TERROR WE WILL SEE.”
  • “PRACTICING ISLAM CAN SLOW OR EVEN REVERSE THE PROCESS OF HUMAN EVOLUTION.”
  • “Islam is dangerous – fact: the more muslim savages we allow into america – the more terror we will see -this is a fact which is undeniable.”
  • “Filthy muslim shit has no place in western civilization.”

As a result, California is prosecuting him for allegedly violating Cal. Penal Code § 653m(b):

Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device … to another person is … guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.

A First Year law student of reasonable mental acuity could tell you in a trice that this was unconstitutional—that is, she could if she hadn’t been marinated in the anti-democratic culture that is 21st Century California. It is also an unethical and intellectually dishonest effort to use an ill-fitting law to punish “hate speach.” Here, in part, is the analysis of Prof. Volokh, a constitutional law specialist:

This can’t possibly be consistent with the First Amendment; indeed, in U.S. v. Popa (D.C. Cir. 1999), the D.C. Circuit set aside a telephone harassment conviction of someone who left seven racist messages on the voicemail of then-U.S.-Attorney Eric Holder; and the court focused on the “political message” of the speech, and not on Holder’s status as a government official. Given that insults targeted to a particular person, related to a political message, are thus constitutionally protected, so are more general insults aimed at an ideology and all its adherents, whether that ideology is Islam, Scientology, conservatism, gun rights, or anything else. Laws aimed at preventing unwanted repeated messages to particular private citizens shouldn’t be applied to messages sent to ideological organizations (or to public officials). And this is especially so when it comes to annoying Facebook posts, which the organization can simply block.

…I hope the court indeed promptly throws them out as unjustified under the statute, forbidden by the First Amendment, or both. But if the courts accept such charges, expect to see many more people, left, right, and otherwise, prosecuted for posting insulting messages on many groups’ web pages.

II. No free speech on campus without permission!
 Continue reading →

Comment Of The Day (5!): “An Ethics Alarms Holiday Challenge! Identify The Rationalizations, Logical Fallacies, Falsehoods And Outright Errors In This Essay…”

/ Jack Marshall / 15 Comments

The  Comment Of The Day Weekend continues into the long weekend with yet another one on the Holiday Challenge, wherein readers were asked to metaphorically defenestrate Noah Berlatsky’s essay calling for a hsarp edit to the First amendment.

This sharp comment is by long-time Ethics Alarms regular Glenn Logan. Here is his 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…

I read this a few days ago, at least as much as I could stomach. It’s pretty irrational. I thought this was funny:

Delgado and Stefanic, though, argue the price for freedom in this case may be higher than we think. For example, a John Hopkins study published in 2013 concluded that being exposed to racism can lead to high blood pressure and stress among African Americans.

Being exposed to racism isn’t funny, but the idea that the stress of racism is different from other stresses is medically and logically bankrupt. Being called a racist can just as easily be shown to produce the same negative physiological effects, but the author is so incredibly purblind that this would never occur to him.

So are we to place progressives who allege racism at the drop of a hat into the “You can’t say that, it’s hate speech!” column along with the n-word? I’m betting no.

More hilarity:

Currently the federal government is prosecuting 200 people for being present at the protests during Donald Trump’s inauguration, including journalists and street medics.

Heh. I guess he’s unaware that those so-called protesters were rioting, a felony in every state in the union. Protests are peaceful demonstrations, but destroying property and participating in a riot is not free speech. Also, just because a person is a “street medic” or “journalist” does not make them automatically exempt from consequences if they participate in a riot.

Police officer to journalist: “Did you just break that window?”
Journalist: “Yes, but I’m a journalist.”
Officer: “Oh, I guess it’s okay, then.”

In what universe? Berlatsky’s, I suppose. Continue reading →

So…Carl Bernstein Really Thinks President Trump Is Innocent Of Collusion With Russia After Telling Us For A Year That He Is Guilty. Nice.

/ Jack Marshall / 29 Comments

A bad month for Carl Bernstein: first the film Bernstein, Dustin Hoffman, is revealed as a sexual predator, and now the real one is revealed as a lying partisan hack.

Brava to Ann Althouse for catching this.

I’ll let Ann describe her own scoop…

I was stunned by this amazing slip this morning on CNN’s “State of the Union.” The moderator Dana Bash had this question:WOODWARD: You have to look at the crimes.

[T]he investigation has been going on for over a year, at least in the Justice Department, the FBI. We still don’t know about any evidence that the president knowingly colluded with Russia. Does that give the president’s claim that this is a witch-hunt some credence?

Bernstein’s answer:

“He believes it’s a witch-hunt. There’s no question he believes it’s a witch-hunt.”

What?! The only way that Bernstein can make those assertions about what Trump believes is if Bernstein is sure Trump is not lying. Trump knows what he did with respect to Russia, but he’s saying it’s a witch-hunt. Trump’s saying that it’s a witch-hunt could happen if: 1. He knows there’s nothing there (i.e., Mueller is searching for for something, like a witch, that doesn’t exist), or 2. He’s worried about something that he did and he wants to hide it. Bernstein’s remark excludes #2. But Bernstein doesn’t have access to the inside of Trump’s head, so why did Bernstein say that? I’d say Bernstein, on his own, knows that there’s nothing there, and he blurted out an answer without thinking about what he was saying about what’s in his own head.

Continue reading →

Morning Ethics Warm-Up, New Years Day, 2018: The Year On Ethics Alarms, The College Sports Scam, And A Poll That Is Less Than Meets The Eye

/ Jack Marshall / 24 Comments

1 Stats and things. For the first time, Ethics Alarms had less traffic than the year before, down almost 10%. I was expecting at least a 10% jump, so this is disappointing, though I probably should have seen it coming. The 2016 campaign drew a lot of interest to the site, and that year was a major jump from the previous one. The blog ends the year with more followers than it had at the beginning, and the number of comments were up over 2016. I would also say that the quality of comments was dramatically better, with the most Comments of the Day ever.

The post that had the most comments in 2017 was a COTD, in fact: Comment of the Day: “Morning Ethics Warm-Up, 11/13/17: Rushing In Panic Around My Boston Hotel Room Because I Didn’t Get My Wake-Up Call Edition” with 324, among the most ever.

The author? Zoltar Speaks!

It’s just vanity and ego to worry about traffic fluctuations. I’m competitive by nature; it’s a flaw. I’d love Ethics Alarms to have sufficient name recognition and exposure to have a measurable influence in public discourse, but that’s always been unlikely, given the subject matter. What I should care most about, and do, when I’m being rational, is that the discussions here are uniformly of high quality, avoid the idiotic “Yeah, well what about Bush, you repug?” back and forth threads of most websites, and that there is a daily colloquy here that I can be proud to host. Besides, if Ethics Alarms were widely quoted, I’d have to put up with being called a “self-proclaimed ethicist” more often.

I also banned far fewer commenters this year than last year. That’s a good thing.

Next to the search engines and WordPress, the most referrals came through the Washington Post and the New York Times. The Althouse blog sent more readers here than any other blog, which is nice, especially since Ann still doesn’t bother to include me in her blogroll.

Not counting stand alone pages, like the About page and the Rationalizations List, the top viewed posts in 2017 were 1) the 2016 anti Snopes post; 2) the 2013 workplace ethics post, 3) “Wanetta Gibson is Worse Than I Thought” (2014); 4) the initial VW scandal post from 2015;  5) the 2015 post about ventriloquist Jeff Duham’s marital problems (Don’t ask me why; it’s a mystery); 6) the Listerine and alcoholics post from way back in 2010; 7) the Foundation for a Better Life post (2011); 8) The anti-“What Would You Do?” post, also from 2011, and it is depressing that the thing is still being broadcast; 9) finally a 2017 post, The Naked Teacher Principle, Ex-Porn Star Variation, and 10) also from last year, my take-down of Sally Yates.

That last was also the first politics-related post to turn-up on the list, which tells you something, though I’m not sure what. The Ethics Alarms post that I have most linked to in 2017 was buried deep on the list at 136: 2015’s, A Nation Of Assholes: The Ultimate, Undeniable And Crucial Reason Donald Trump Must Never Be President.

As in every year, I think, none of the posts that I thought were the most important or my best work were among the most read.

Thanks to all the readers and commenters who have made this past year a rewarding and challenging one.

Next year will be even better.

2. While you watch those Bowl games, think about this...College sports critic Mike McIntire explains the absurd status of big money in college sports in his article, “The College Sports Tax Dodge.” An excerpt: Continue reading →

Ethics Quote Of The Month: Times Columnist Bret Stephens

/ Jack Marshall / 24 Comments

“Of all sad words of tongue or pen, the saddest are these: it might have been…” Wait, WHAT?

“Tax cuts. Deregulation. More for the military; less for the United Nations. The Islamic State crushed in its heartland. Assad hit with cruise missiles. Troops to Afghanistan. Arms for Ukraine. A tougher approach to North Korea. Jerusalem recognized as Israel’s capital. The Iran deal decertified. Title IX kangaroo courts on campus condemned. Yes to Keystone. No to Paris. Wall Street roaring and consumer confidence high.

And, of course, Neil Gorsuch on the Supreme Court. What, for a conservative, is there to dislike about this policy record as the Trump administration rounds out its first year in office?

That’s the question I keep hearing from old friends on the right who voted with misgiving for Donald Trump last year and now find reasons to like him. I admit it gives me pause. I agree with every one of the policy decisions mentioned above. But I still wish Hillary Clinton were president.”

—-New York Times Bret Stephens, in a column titled “Why I’m Still a NeverTrumper”

Stephens, since joining the Times left-heavy columnist stable as its token wishy-washy cnservative, has been occasionally perceptive, often incoherent, and obviously conflicted. In this case, he is ethically confused.

I wrote the equivalent of this column in the post called Roger Simon Says The NeverTrumpers Owe The President An Apology. Well, He’s Not Getting One From Me…(Mine was also better, and I wasn’t paid for it.)

Like Stephens, I do not regard Trump’s largely successful first year (by his own standards, and certainly by the standards of those who predicted a national catastrophe) sufficient to bring me to retract my original objections to Trump. I wrote,

“Competent and responsible leadership is not only made up of what a leader does, but how he does it. How Donald Trump operates as President is divisive, obnoxious, politically self-destructive, undignified, chaotic and scary, just as I expected. This conduct, which is entirely a product of his character deficits and near complete lack of interest in ethical values, does harm far beyond the benefits any policies he may advance that I agree with, or that are improvements over the mess left by Barack Obama. He is, day by day, week be week, diminishing that strength and credibility of the Presidency by lowering it to his thuggish, crude, juvenile level. He is also provoking his opposition and the news media to lower themselves to his level or lower, doing further damage to our democracy.”

This essentially what The Times columnist is saying when he writes, Continue reading →