Keep It Up, Vulgarians

This morning I was listening to a CNN reporter in New Hampshire interviewing an ordinary, middle aged woman who is a Trump supporter, and she dropped a word inappropriate for TV live. The interviewer said, “You just said a cuss word!” and she just ignored him. In Phoenix, Don Harris, the head of Arizona’s largest NAACP chapter, was discussing the somehow national scandal over six white teenage Desert Vista High School students posting a photo of themselves aligned so the letters on their T-shirts spelled N-I-*-* E-R when he just couldn’t resist saying that a TV reporter who had just interviewed him had “nice tits”as he was speaking to another TV interviewer.

The recording was posted, and Harris had to resign as Chapter president. Called about the incident by another reporter, Harris said, among other things, “I’m really fucking sorry. I’m going to slash my wrists . . . Better yet, I’m going to throw myself out of a fucking window, except I’m on the first floor . . . I’m one of the best goddamned people in the state. They’ve seen me now, they’ve seen what I’ve done. I’ve given up my law practice. I’m down here six, seven days a week. That’s what my commitment is. I support NOW, the women’s organization — goddamn! — are you shitting me? Are you going to write this up?”

Why yes, Don, you vulgar fool, they are.

Harris and the dumb New Hampshire woman (I did say she was a Donald Trump supporter, right?) are victims of the crude and ugly culture of rudeness and incivility being imposed on the culture. If you don’t fight back, you will be sucked in: your civility and decency ethics alarms will become rusted and useless. At the 2016 Golden Globes awards, knowing they were on live TV and in front of an audience of adults, various presenters and award winners used the words cunt, sugar tits, fuck and fucking (twice). Speaking like this in private or controlled workplace surroundings is as old as the hills, but somewhere the principle has been lost in which such gutter discourse was understood to be ugly, lazy and the mark of an unmannerly lout when it leaks into more formal, or public settings. Who thinks this is a positive development? Continue reading →

February 3, 1959.

Buddy-Holly-Plane

Buddy Holly, a rising pop music genius not yet 23 years old, died in a plane crash today, 57 years ago.

We can do all we can, and do everything right, but so much in our culture and lives is determined by pure luck, good, bad, and as in this case, terrible.

I think about this every February third.

Here’s Buddy, with one of my favorites:

And here is Don McLean:

Tales Of The Unethical: A Client Hacks, His Lawyer Cheats, And HIS Lawyer Spins

hackedWhat a mess.

Missouri lawyer Joel Eisenstein saw two documents illicitly obtained by his client: a payroll document for the client’s wife and a list of direct examination questions prepared by his client’s wife’s attorney for an upcoming divorce trial.

This kind of stuff, proprietary material that is handed over to a lawyer by someone, including a client, who received it under dubious circumstances is ethically radioactive. As the DC bar wrote in Ethics Opinion 318…

When counsel in an adversary proceeding receives a privileged document from a client or other person that may have been stolen or taken without authorization from an opposing party, Rule 1.15(b) requires the receiving counsel to refrain from reviewing and using the document if: 1) its privileged status is readily apparent on its face; 2) receiving counsel knows that the document came from someone who was not authorized to disclose it; and 3) receiving counsel does not have a reasonable basis to conclude that the opposing party waived the attorney-client privilege with respect to such document. Receiving counsel may violate the provisions of Rule 8.4(c) by reviewing and using the document in an adversary proceeding under such circumstances and should either return the document to opposing counsel or make inquiry of opposing counsel about its status prior to determining what course of action to take. Continue reading →

Prof. Jonathan Turley On The Latest Clinton E-Mail Revelations

the_end_justifies_the_means_by_carlos0003

“Highly classified Hillary Clinton emails that the intelligence community and State Department recently deemed too damaging to national security to release contain “operational intelligence” – and their presence on the unsecure, personal email system jeopardized “sources, methods and lives,” a U.S. government official who has reviewed the documents told Fox News.”

The mainstream media is dutifully ignoring this while they can, so you may well say, “Oh, well that’s just Fox News.” However, this bit of leaked information should not be surprising, and assuming that it is accurate, it follows the pattern of each bit of new data further discrediting Clinton’s various defenses for her indefensible handling of communications.

I point you to the analysis of George Washington law professor and blogger Jonathan Turley, who is that rarity in academia, a non-partisan, fair and unbiased commentator. Here, in part, are his recent comments on this matter. Please send it to the unshakable Clinton enablers in your life: a mind is a terrible thing to waste. (The emphasis is mine.)

While I agree with the Clinton campaign that these leaks are themselves problematic (both in terms of their timing and their disclosures from an ongoing investigation), I have long maintained that this was a serious scandal and that Clinton’s evolving defense does not track with national security rules or procedures. I consider the decision to use exclusively an unsecure server for “convenience” to be a breathtakingly reckless act for one of the top officials in our government. I am also deeply concerned about the level of “spin” coming from the campaign that is misrepresenting the governing standards and practices in the field. Much of what has been said in defense of Clinton’s use of the email system is knowingly misleading in my view.

In addition, Rep. Mike Pompeo, R-Kan., who sits on the House intelligence committee, “suggested the military and intelligence communities have had to change operations” due to the presumption that Clinton’s emails were compromised.

… I have previously noted that the decision of Clinton to use a personal server showed incredibly bad judgment that put classified information at risk. The defense that the information was not marked, which the campaign has been using recently, does not address the fundamental issues in the scandal. Clinton has insisted that “I never sent classified material on my email, and I never received any that was marked classified.” The key of this spin is again the word “marked.” I have previously discussed why that explanation is less than compelling, particularly for anyone who has handled sensitive or classified material. Continue reading →

The Seventh Annual Ethics Alarms Awards: The Worst of Ethics 2015, Part 1

Donald and Hillary

Sigh.

Watching the (encouraging) Iowa Caucuses results drip in last night, I was reminded that I hadn’t finished the task of completing the Seventh Annual Ethics Alarms Awards for 2015’s Worst in Ethics. There are two reasons for my tardiness: a lot of other ethics issues have arisen of late, and this job makes me physically ill. It is depressing and discouraging: 2015 was much worse than 2014, which was considerably worse than 2013. What am I doing here? What is the point of spending all of this uncompensated time—it is more profitable bagging groceries—trying to nurture a more ethical culture and a more ethically competent public when all evidence points to utter futility as the result? Well, that way madness lies, I guess. I’m just going to grit my teeth and do my duty.

Last year I began by saying that 2014 was the year of the Ethics Train Wreck. There were far more of them in 2015, and they were more serious and damaging. That should give you sufficient warning of the horrors to come…

Ethics Train Wreck of the Year

trainwreck

The Illegal Immigration Ethics Train Wreck

One reason 2015 was a train wreck fest was that last year’s winners, the Ferguson Ethics Train Wreck, which begat the Freddie Gray Ethics Train Wreck, both begat by the 2012 winner, The Trayvon Martin- George Zimmerman Ethics Train Wreck, and The Obama Administration Ethics Train Wreck, were still running amuck this year as well. The latter managed to run head-on into the immigration mess, with the President over-stepping his Constitutional limits to decide unilaterally not to enforce the law, and the Middle East foreign policy fiasco, causing Democrats to bury their heads in the sand and deny that admitting unvetted Syrian refugees into the country was unacceptably dangerous, and Republicans to start talking like 1930s Germans. Then everyone was demonizing the issue, including the President and all of the Presidential candidates. Runners-up: The Donald Trump Presidential Campaign Ethics Train Wreck and the Hillary Clinton Presidential Campaign Ethics Train Wreck

Fraud of the Year

Rachel Dolezal, the militant, angry, anti-white NAACP official who, we discovered, was lily white and had magically become black by “identifying” so.  This ridiculous episode neatly encapsulated the entire year, which included sexual predator-enabler Hillary Clinton becoming a feminist champion by identifying as one, Bruce Jenner turning himself into herself by just saying so (and cashing in as a result), and President Obama making failed policies successful by repeating over and over that they were. RUNNER-UP: The Illinois Lottery, which first lures poor citizens into paying millions they can’t afford for a distnat chance at a jackpot, and then doesn’t pay up when one of them wins.

Incompetent Elected Officials of the Year

Every elected official involved in the Flint, Michigan water disaster. Plenty of unelected officials were accountable too, but I don’t have a category for them.

Sexual Predator Of The Year

 Bill Cosby. He won this category handily in 2014, and added about 20 more alleged victims to his total this year. Who know how long he will hold the title? Meanwhile, his own Ethics Train Wreck sucked in Walt Disney World, the Smithsonian, and Claire Huxtable, among others.

Runner-up: Bill Clinton. Karma’s a bitch. Continue reading →

A Law Student Creates A Dishonest List Called “100 Times A White Actor Played Someone Who Wasn’t White” And Begins Another List Called “Times The Washington Post Published A Race-Baiting Piece Of Lazy Research And Sloppy Reasoning By Someone Who Looks Like She Will Be A Terrible Lawyer”

I didn’t set out to make the news media’s tolerating unethical race arguments the theme today, I really didn’t. While I was researching ESPN’s decision not to hire whites on its new website, to which the Wall Street Journal shrugged and said, by not saying, “Wait….WHAT?” in effect, “Sure, go ahead, discriminate!”, I came upon this piece of journalistic offal called “100 Times A White Actor Played Someone Who Wasn’t White” on the Washington Post website. It was authored by Meredith Simons, a law student and freelance writer. Well, Meredith, free-lance writers get away with these miserably researched and unfairly gathered articles a lot, but if you try to sneak this kind of crap past a judge or a senior partner, you’re going to have a rude awakening.

The fact that her article is incompetent and unfair in myriad ways doesn’t mean that Hollywood has been an equal opportunity employer throughout decades past. It hasn’t, but it has reflected the society and tastes in which it operates, and often has been a leader in race attitudes, as in the film “Imitation of Life.” There is work to be done, but careless articles like Simons’ just causes ignorance and confusion.

The immediate impetus for her hit piece on Hollywood casting was apparently the controversy over the casting of white actor Joseph Fiennes as Michael Jackson in a planned biopic. Simons calls him “African American icon Michael Jackson,” which is the lawyer’s trick of framing an issue to rig the debate—good one, Meredith—but skin-bleaching, child-molesting, whitebread pop star Jackson is hardly an “African American” icon: he’s a national pop icon who went out of his way to reject race and racial labels. That is what the song “Black and White” was about, right? Sure, the casting was a gimmick, but it’s a clever and legitimate gimmick that I would guess Jackson would have approved of enthusiastically. When they make “The Rachel Dolezal Story,” will Simons complain if a black actress gets the part?

So based on a phony race controversy—two, in fact, with the Oscar nomination spat included—Simons comes up with an even more phony list. “Despite decades of protests over racially inappropriate casting and the recent protests over the lack of diversity among Oscar nominees, filmmakers continue to cast white actors as minority characters on a depressingly regular basis,” she writes.

(A tip  for Social Justice Warriors: don’t write about the performing arts and casting if you don’t know a damn thing about either. The purpose of the performing arts is 1) to make a good product and 2) to make money. Anything that in any way interferes with either is irrelevant. There is no such thing as “racially inappropriate casting” if it furthers either of these objectives, or ideally both. It is not Hollywood’s job to eradicate racial inequality in the U.S. If it helps, that’s responsible and ethical of the movie-makers. This is, however, neither its art nor its business.)

Simons’ list is the epitome of the Texas Sharpshooter fallacy done badly. The fallacy consists of cherry-picking facts that support a predetermined argument and “drawing a circle around them” as if they are the sole relevant facts, while intentionally or mistakenly omitting equally relevant facts that would tend to disprove it. Bad lawyer that she is, she draws a metaphorical circle around “facts” that don’t even support her argument. I’m not going to go through the entire hundred  (say “thank-you, Jack!”) but I’ll point out some of her most egregious botches.

To begin with, either she didn’t see the movies on the list, or intentionally misrepresents them. My favorite, and typical of her terrible research: Continue reading →

Hey, Spike? Mizzou? ESPN? Explain This Diversity Thing Again; I’m Confused…

Head of The Undefeated, Kevin Merida, whose race had nothing to do with his hiring, and how dare you even ask such a question?

Head of The Undefeated, Kevin Merida, whose race had nothing to do with his hiring, and how dare you even ask such a question?

“The Undefeated” website finally debuted this in January, ESPN’s foray into issues of sports and race.

John Skipper, the president of ESPN, gave an interview with The Wall Street Journal that contained this fascinating quote:

“At the Undefeated, the play is about content. If you do a time-lapse of the last two or three years in sports, you’d see more stories pop to the top about race and sports than anything. It is an important area to explore. There is a business reason: among our most important consumers are African-Americans. There is not right now a go-to site for black fans, other than just ESPN sites. [The Undefeated] will be a black-run and black-staffed site.”

Continue reading →

A “When Ethics Alarms Don’t Ring” Case Study: The Angouleme International Comics Festival Thinks Announcing the Wrong Award-Winners Is Funny

In December, comedian Steve Harvey inadvertently announced the wrong winner of the Miss Universe Pageant on live, national TV. It was horrible. He then had to correct his mistake, the wrongly crowned Miss Columbia had to be uncrowned, and everyone except the sadists in the audience felt awkward and embarrassed. Harvey sincerely apologized, more than once.

How anyone could be aware of that fiasco, which received world-wide attention, and conclude that it would be hilarious to do the same fake-winner bit intentionally is beyond my small mind to comprehend. Such individuals would have to have their ethics alarms installed backwards, or buy them from the Bizarro World of Superman Comics. Yet the organizers of the Angouleme International Comics Festival this tear decided exactly that: “Let’s announce the wrong winners! It will be great!“

The ceremony began with the MC, comedian Richard Gaitet,  announcing that“This will be the shortest ceremony in history, because all we want to do is drink and dance!” He then presented all nine awards in rapid succession, including the Fauve d’Or, the biggest award of the show, to Arsène Schrauwen, by Olivier Schrauwen. Then two women appeared and announced that the awards just handed out were fake, and they presented the real awards to completely different artists. The “winners” who just accepted their prizes in the exhilaration of pride and recognition, were as stunned as Miss Columbia.

The audience reaction, meanwhile, was exactly as you, I or any sane person would expect. Nobody laughed. Everyone felt that the targets of the practical joke had been abused. “We were all happy, we had tears in our eyes, and then we were humiliated,” said Sam Soubigui of Komikku, one of the publishers whose book won a “Faux Fauve” (fake prize). Another publisher who accepted a phony prize had already relayed the news of the honor to the writer and artist of the book that “won,” and then had to call them back and explain. One editor whose comic won a “Faux Fauve” left the auditorium in tears when she realized it was fake.

The condemnation of the stunt on social media was swift and unanimous. The organizers of the festival thought this was an appropriate response (courtesy of the French to English Google app, further translated by me from the typical gibberish these programs often create): Continue reading →

Comment of the Day: “KABOOM! The School System ‘Applauds The Efforts Of Students Who Act In Good Faith…'”

This is an appropriate illustration for this Comment of the Day.  You'll see...

This is an appropriate illustration for this Comment of the Day. You’ll see…

The post about the middle-schooler suspended for rushing to the aid of a stricken classmate inspired a wide range of fascinating commentary, and also generated a tangential thread, as essays here often do. This one involved some commenters challenging my assertion that the ungrammatical quote from the young hero spoke to a school system that was better at no-tolerance discipline than it was at education, and that students not conditioned to view double negatives as poor communication were being handicapped by incompetent teaching. Into the fray jumped the always provocative Extradimensional Cephalopod, who walloped the debate with one of his trademark, long-form expositions on linguistic matters.

Here is his Comment of the Day on the post, “KABOOM! The School System “Applauds The Efforts Of Students Who Act In Good Faith To Assist Others In Times Of Need” And Is Therefore Exacting Punishment So They Know Never To Do It Again.”

I agree that not all languages are created equal. Effective communication requires a few subordinate skills based on semantics (navigating within a paradigm) and empathy (shifting between paradigms). One such skill is translation, the ability to convey a set of ideas to someone who has an unfamiliar paradigm and to understand ideas they express in that paradigm. Another is background, the ability to recognize semantic cues (e.g. grammar and etiquette) and use them to create a desired impression on someone else, which is necessary to smoothly blend in with one’s surroundings, putting others at ease by appearing to be similar to them. People need to develop the power of communication in order to interact with others, and therefore regardless of how they prefer to speak, they need to be able to shift to different methods of speaking depending on the context in which they find themselves. That is the virtue of linguistic descriptivism: “When in Rome, do as the Romans do.” Or, as my grandfather likes to say, “…as the Romanians do.”

That said, linguistic prescriptivism has virtues of its own, when correctly employed, which is rare. Language is important because it is based on semantics, which is the simplification of interactions and which usually brings with it the concept of designating anything as “proper”. Labels and names are not hard limits for thought, but they shape it by making some thoughts easier than others. Any concept for which we have a word becomes easier to think of, because we can call that concept and associated ones readily to mind instead of retrieving each concept individually. It’s the difference between using the word “bird” and describing the animal’s characteristics anew each time you want to talk about it. The latter is possible, but people might have trouble thinking about birds and what they are like.

Continue reading →

Ethics Dunce: Matt Drudge

SAG

Matt Drudge, on his Drudge Report,  posted the above photo of Susan Sarandon with the caption, “SAG.”

Nice.

The link was to this story, a really stupid one, about criticism the 69-year old actress is receiving for dressing this way to deliver an award at the Screen Actors Guild Awards.

The Drudge Report, I must note, is the favorite, go-to source for political news for conservative pundits.

The gag is per se nasty, ageist, misogynist, and creepy. Sarandon is roundly hated by conservatives for being an outspoken feminist and supporter of liberal causes. The “joke” is an ad hominem attack and a despicable cheap shot. Somewhere, someplace there might be someone who has standing to make fun of Susan Sarandon’s looks, but I don’t know of any. By the way, here is Matt Drudge:

Drudge

One can debate the tastefulness of her attire, but Sarandon, as always, looks smashing.