The Euthanasia Slippery Slope: A Case Study, this morning’s post, has attracted a wider range of opinion than I expected. I considered attaching a poll to the original post; now I’m going to go a step farther, and base that poll on a hypothetical of the kind that I use in my legal ethics seminars.
Speaking of those, on Tuesday, September 17, in Richmond, VA, and Wednesday, September 18, in Fairfax, VA, I’ll be presenting “The Greatest Legal Ethics Seminar Ever Taught!” for three hours of legal ethics CLE credit to Virginia lawyers and others. The title reflects, other than my own warped sense of humor (“The Greatest Story Ever Told” is one of the worst movies I’ve ever seen), the fact that the legal ethics hypotheticals being discussed cover what I have found to be many of the most contentious, fascinating legal ethics issues extant over 20 years of doing these things. Moreover, I am being joined by my friend and colleague, John May, who approached these issues from the perspective of a practical litigator as well as one who often defends lawyers accused of ethical improprieties. He’s also one combative and clever pain in the ass who loves disagreeing with me, so I recommend bringing popcorn. The details are here.
I’m stunned at how little publicity and outrage has been generated by the just-revealed Triple Crown scandal. I’m hoping it’s because thoroughbred horse racing is such a marginal sport today that nobody cares about it—quite a fall for “the sport of kings,” which was once among the three most popular sports in the U.S. I fear it is because the public has become so cynical about sports generally that ethical breaches don’t surprise of bother them much.
1. Speaking of ethics insanity in sports: A female teen champion swimmer for Anchorage’s Dimond High School easily won the 100-yard freestyle during last week’s night’s meet against a rival school. Then she learned that she had been disqualified, because her swimsuit was exposing too much of her buttocks, according to an official. The swimmer was wearing the exact same suit as her team mates and her competition; the problem was, apparently, her body, which was “curvier” than the typical female swimmer, perhaps because she was a mixed-race competitor in a sport that is almost exclusively white.
Another official who was working during the meet, told the Anchorage Daily News that one of the female refs complained that the bottom of the girl’s suit “was so far up I could see butt cheek touching butt cheek.’’
The Horror.
From the Washington Post: “Anchorage School District officials have announced that they reviewed the incident and concluded that the teenager “was targeted based solely on how a standard, school-issued uniform happened to fit the shape of her body,” and that the referee’s decision was ‘heavy-handed and unnecessary.’ The district is appealing to the Alaska School Activities Association, asking to reverse the swimmer’s disqualification, return all points to her team, and revoke certification for the referee who made the call. The district is also seeking to suspend and eventually revise the guidelines in place for appropriate swimsuit coverage, which officials said were ambiguous and left room for biased interpretation.”
They should also ask that rudimentary ethics alarms be required of all swimming judges.
2. There is hope! Two recent polls—stipulated: any poll is likely to be misleading and worthless–suggest that Ethics Alarms hasn’t been entirely futile in its—to some—excessive coverage of what I believe to be the two most important ethics stories on our times: the Democratic Party’s rejection of its duty to uphold American institutions and respect elections, and the corruption of American journalism. Oh, I have no illusions that this oft-censored little blog has contributed much to enlightening the public, but I’m satisfied that it contributes in a small way to the zeitgeist, which is vital if the nation is going to survive the assault on its values.
The first study comes from the PR agency, Bospar, in collaboration with Propeller Insights. Its survey of 1,010 American adults found that more than 95% are troubled by the current state of the news media, with 53% citing “reports on fake news,” 49% citing “reporting gossip,” and 48% citing “lying spokespeople,” as concerns. 67% believe ethics in journalism will be worse during the 2020 presidential campaign–I’d say that’s a safe bet. I’m amazed that anyone wouldn’t expect this.
Oddly, almost all of my Facebook friends reside in that less than 5% who feel the news media is as pure as the driven snow, and anyone who impugn its objectivity is a Nazi, racist, moronic Trump supporter.
The second comes from the more reliable Pew Foundation. Pew data from last year showed that most Americans had a favorable opinion of the Democratic party, and a negative view of the GOP. 53 % of respondents last September said that they viewed the Democratic party favorably, compared to 42% who said they viewed it unfavorably. In the same survey, 43% had a favorable view of the Republican Party compared to 52% who had an unfavorable view. This September’s Pew survey shows that most Americans view both the Democratic and Republican parties with disfavor, and in exactly equal proportions: 45 % positive, 52% negative.
Good. The Democratic Party has been behaving crazy and irresponsibly for more than three years, a I’ve tried to document; they deserve this result. Continue reading →
Dr. Kevorkian was happy to help you kill yourself…
As health care costs rise and the public as a whole becomes more financially responsible for the care of individuals; as the population ages and the massive increase in health care costs in the final years and months of life becomes an increasing burden on society, and as legal abortion stays front and center as the most brutal form of utilitarianism, where a weaker and “lesser” life is deemed expendable for the well-being of others, I expect the United States culture to be drawn closer and closer to the seductive policy of legal euthanasia. It is now legal in Washington, D.C., California, Colorado, Oregon, Vermont, Maine (as of next year), New Jersey, Hawaii, and Washington. You may note what these states all have in common….not that there’s anything wrong with that.
I believe that permitting an individual to kill another with the victim’s consent is so ripe for abuse—Dr. Kevorkian comes to mind—that it crosses an ethical line that should be thick, black, and forbidding. The alleged consent can too easily be coerced or manufactured for the convenience of others. A recent case in the Netherlands confirms my strong reservations.
The unidentified patient, 74, had asked in writing for doctors to end her life if she had to be admitted to a nursing home, and if she thought the time was right. When she entered a home in 2016, however, though incapacitated, she appeared to have changed her mind, and gave what prosecutors called “mixed signals” about her desire to die. Continue reading →
The term “horse racing ethics” is justly regarded as an oxymoron, and the stunning scandal revealed yesterday shows why.
The U.S. Thoroughbred Racing Triple Crown is one of the most prestigious achievements in all of sports. The three races that make up the Triple Crown, all competed in by three-year-old horses, are the Kentucky Derby, run over the 1 1⁄4-mile dirt track at Churchill Downs in Louisville, Kentucky; the Preakness Stakes, run over the 1 3⁄16-mile (1.9 km) dirt track at Pimlico Race Course in Baltimore, Maryland; and the Belmont Stakes, run over the 1 1⁄2-mile (2.4 km) dirt track (the longest in U.S. thoroughbred racing) at Belmont Park in Belmont, New York.
The first Triple Crown winner was Sir Barton in 1919, and there have been only twelve since, among them the most fabled names in the sport: War Admiral, Count Fleet, Whirlaway, Secretariat, Affirmed. Winning the Triple Crown is a bonanza for the sport as well as the owner of the victorious horse, which will eventually demand huge stud fees. After Affirmed won the Triple Crown in 1978, no horse achieved that pinnacle for 37 years. Then, finally, American Pharaoh broke the drought in 2015. A filly out of that Triple Crown winner recently sold for a record $8.2 million. The Triple Crown is a big deal; in thoroughbred racing, there is no bigger deal.
The thoroughbred racing world only had to wait three years for another super-champion this time: Justify won the Triple Crown in 2018. Now we know, however, that the horse was an illicit competitor, and should have been disqualified. This is approximately the horse racing equivalent of gamblers rigging baseball’s World Series in 1919, a scandal that almost destroyed the sport.
This week we learned, courtesy of a New York Times investigation, that Justify had tested positive for the banned drug scopolamine after winning the Santa Anita Derby on April 7, 2018. That win qualified the horse to run in the Kentucky Derby, one month later, in which he would be a likely favorite to win. Behind closed doors, the California Horse Racing Board first stalled on acting, then decided to dismiss the case after the colt went on to win the Triple Crown. Continue reading →
“’Some people did something,’ said a freshman congresswoman from Minnesota. Today I am here to respond to you exactly who did what to whom. Madam, objectively speaking, we know who and what was done. There is no uncertainty about that. Why your confusion? On that day, 19 Islamic terrorist members of al Qaeda killed over 3,000 people and caused billions of dollars of economic damage. Is that clear? But as to whom…I was attacked, your relatives and friends were attacked, our constitutional freedoms were attacked and our nation’s founding on Judeo-Christian principles were attacked. That’s what some people did. Got that now?”
Nicholas Haros Jr, reading the names of the 9/11 victims, including his mother, at today’s commemoration of the Twin Towers attack.
One aspect of broadcast journalism ethics that the Old Guard—Murrow, Cronkite, Brinkley, Huntley, Thomas and the rest— observed and respected was a neutral demeanor. They knew (and today’s hacks know as well, but with different results), that tone of delivery, body language and facial expressions can convey a journalist’s personal views and biases as clearly as a direct statement. Their practice, therefore, was to maintain a poker face and a matter-of-fact delivery. When Walter Cronkite brushed away a tear while announcing JFK’s death in 1963, it was considered newsworthy because Walter did not bring his own feelings into the news. The consensus was that hee could be forgiven this one time.
If that professional practice is taught in journalism classes any more, it is ignored. Now broadcast journalists and reporters deliberately use every tool at their disposal to signal to viewers what they think, and thus what the viewers should think as well. The election of Donald Trump represented a full-on, industry wide rejection of objectivity by the broadcast media, as many reporters allowed themselves to appear in mourning, or close to tears. Unlike the assassination of JFK, however, this was not an excusable exception, or, as we have learned, an exception at all.
Look at the faces of last night’s CNN panel reporting on what had been built up as a bellweather election in North Carolina that, should a Democrat have won, would be string sign that President Trump and Republicans were in trouble nationwide. Is there any doubt who they were rooting for?
This is not only unethical journalism, it’s incompetent journalism.
1. A question that shouldn’t even have to be asked. The New York Times asks if the “right thing to do” is for films and TV shows to edit out the Twin Towers in pre-2001 productions so as not to “trigger” sensitive audience members. Productions debuting in 2002, soon after the 9/11 attacks, are a special case: several films re-shot scenes to avoid references to the disaster, and that was just common sense. The suggestion that historical airbrushing is appropriate for works release before 2001 is disturbing, however, and symptomatic of the current belief that historical records cand and should be manipulated and censored for “the greater good.” Taking out the Twin Towers is a close unethical cousin of removing Robert E. Lee statues and references to slavery.
Director Michael Bay, who had a shot of one of the towers burning (from a meteor strike) in “Armageddon,” made an appropriate “slippery-slope” argument to the Times, saying,
“Movies are shot, edited and finished for the world to see. They don’t get re-edited because history changes. If we go there, that means every movie must change. Every book, every short story, every painting of New York in the past 30 years. It would never end.”
I would add that it will be difficult to remember the September 11. 2001 attacks if we try to eliminate visual records of the Twin Towers.
2. Meanwhile, here’s how the New York Times wants us to remember the attackers:Continue reading →
On his conservative radio talk show on September 2, Senator Roberts complained about a witness who supported abortion in a Tennessee legislative hearing. He attributed her opinion to the influence of college, and announced that to “save America,” we need to get rid of higher education. “If there’s one thing that we can do to save America today, it’s to get rid of our institutions of higher education right now and cut the liberal breeding ground off! Good grief!” Roberts said.
Good plan! Even if colleges were a true scourge of the nation, and while I won’t go that far, they are failing their mission while over-charging their victims, getting rid of them is impossible, of course. It’s such a ridiculous thing to suggest that it qualifies as irresponsible public discourse, and comes mighty close to signature significance, meaning that only a complete fool would say something like that in public, even once. Continue reading →
I’ve written my quota of “resistance” ethics articles today I know, but I can’t help posting this one.
I was stuck in the DMV, and read a New York Times book review titled “Which Came First, Trump or TV?” The reviewer is Gary Shteyngart, who is described in biographies as a writer of satire. The book he reviews is “Donald Trump, Television, and the Fracturing of America” by James Poniewozik, the Times TV critic.
Both the positive review and the book it describes cannot be justified except as salacious efforts to slake the hate of the most Trump-Deranged among Americans. Poniewozik‘s book, described as non-fiction, is full of negative characterizations of the President, his thinking and his personality that are not justified by the author’s education, background, research or expertise. Poniewozik is a TV critic, and that’s pretty much all he has ever been. He has no special expertise or experience in politics or history; he is not a biographer; he isn’t a psychologist. This is his only book, and he is obviously using Trump hate to attract readers and sales, as well as positive reviews by writers who also have no qualifications to justify their getting the assignment. Both the book and the review are the product of bias, designed to foster bias.
Early in the review, we get this:
But Poniewozik, the chief television critic of this newspaper, uses his ample comedic gifts in the service of describing a slow-boil tragedy. If humor is the rocket of his ICBM, the last three years of our lives are the destructive payload.
Everything is terrible! Where have I heard that Big Lie before? I would have stopped reading right there, but you know: Department of Motor Vehicles.
Almost immediately after that moment of signature significance from the reviewer, we get this… Continue reading →
Here is part of the statement released by Boston Red Sox owner John Henry yesterday after the team fired its head of Baseball Operations, essentially the team’s General Manager, Dave Dombrowksi:
“Four years ago, we were faced with a critical decision about the direction of the franchise. We were extraordinarily fortunate to be able to bring Dave in to lead baseball operations. With a World Series championship and three consecutive American League East titles, he has cemented what was already a Hall of Fame career.”
Wait…HUH? He was hired four years ago, the team won three consecutive American League East titles (for the first time in the franchise’s history), a World Series Championship (following an epic 2018 season that saw Boston win 108 games) and he’s fired? What did he do, sexually harass players? Flash the owner’s daughter? Continue reading →
Ethics Alarms 