Saturday Morning Ethics Warm-Up, 2/27/2021: Confusion And Irony

“Doomscrolling” is a relatively new term to describe the habit of constantly checking one’s smartphone for bad news. Jeffrey Hall, professor of communication studies at the University of Kansas in Lawrence, has spent over 10 years studying technology use in conjunction with relationships. He says that the mass media is intentionally triggering the habit:

“People tend to have what’s called negativity bias when it comes to information. From an evolutionary perspective, it’s related to the idea that we needed to be more alert to threats. If things are not particularly surprising, we can reside in a very low energy state, but as soon as we see something that’s potentially threatening or worrisome, it piques our attention. The algorithms are picking up on what we engage in, and our attentive processes tend to focus on the more negative information….”

The professor recommends filtering social media as a remedy:

“You can also take active steps to recognize if there are people who are a part of your social network that seem to be fueling your sense of doom and gloom. You may want to consider unsubscribing or muting them. People are very loath to actually unfriend or stop following a person altogether. However, there are ways to not get that content. Oftentimes we’re very upset about content we see, but we don’t do anything to change what we see.”

I dunno, professor! The people on Facebook seem to revel in shared, if imaginary, gloom and doom. Most of them “muted” me when I pointed out that the false narratives about the President being some kind of a traitorous Nazi racist monster trying to end American democracy were media-driven, partisan scams. That should have been good news, and it happened to be true. Instead, my Facebook friends crawled back into their comforting imaginary crisis bubble and, from what I can see, virtually no one there reads any EA posts that I put up. Trump Derangement was (in fact, is) a fad, a pastime, and sort of a club that eventually metastasized into a mindless mob.

1. On the question of canceling artists of bad character…A note that on this date in 1936 Shirley Temple, who was all of seven years old, signed a deal paying her almost a million dollars per picture in today’s currency reminded me of this horrible story: when Shirley was an attractive teen seeking to transition away from child roles, she met with MGM’s legendary movie musical chief, Arthur Freed. He exposed himself at the interview, and Shirley’s mother decreed that she would have no further dealings with MGM.

First, how sick to you have to be to expose yourself to Shirley Temple (the term “scumbag” comes to mind)? Second, would that justify refusing to watch and enjoy all of the classic musicals he was responsible for at the studio, like “Singing in the Rain,” “The Bandwagon,” “Wizard of Oz,” “Gigi,” the Mickey and Judy films, “Meet Me in St. Louis,” and many more? How about all of the songs he wrote, including the ones used in “Singing’ in the Rain”? I love that movie, but it is presented as a celebration of Arthur Freed, as is another favorite, “That’s Entertainment!” And the guy exposed himself to Shirley Temple!!!

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Ethics Quiz: Positive Devlopment Or Slippery Slope?

This ad will run on the NBC Golden Globes Award broadcast:

A similar commercial had previously been rejected by ABC.

Cowabunga! Your Ethics Alarms Ethics Quiz of the Day:.

Is presenting this commercial on a prime time broadcast network a positive development for society?

Or, in the alternative, is it feminist grandstanding by NBC? Will it inevitably lead to graphic male enhancement ads?  If women can be topless in this commercial, on what basis will anyone be able to argue that breast-bearing shouldn’t be routine in entertainment programming?

Quasi-Apology Of The Month: Attorney John Morgan

Screen_Shot_2021_02_24_at_2.35.38_PM.6036aadd5594c

I’m not sure where this falls on the Ethic Alarms Apology Scale.

I admit that I’m never heard of John Morgan, but I am told he is a well known attorney in Orlando, Florida, and like so many trial attorneys, a character. Morgan keeps his name before the public in part by posting self-made videos on Twitter posted ( #Johnin60secs ) videos where he gives spontaneous running commentaries on life in general in the conversational and engaging style that makes him a successful litigator. It is a clever marketing approach: I’m pretty sure it gets around Florida’s strict lawyer advertising rules. For example, in one video he described his head as being “ the size of a watermelon,” which is obviously hyperbole. In a legal advertising, a lawyer can’t me make any false or misleading statement or one that can’t be verified.

But I digress. There is a danger any time anyone, no matter how glib or accustomed to speaking off-script, does so for public consumption, as the late Rush Limbaugh, acres of crushed”shockjocks,” Michael Richards and I, among others, can attest. And so it was that Morgan, in one of his videos, was riffing on fast food franchises, and said about Arby’s,

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In Which I Am Admonished For A Slur, And Am Unapologetic

Former US senator John Edwards speaks 30

An episode today raised echos of a couple of Ethics Alarms topics this week, such as incivility and the use of uncomplimentary words.

Today’s presentation of the musical legal ethics seminar “Ethics Rock 2021” began with my partner Mike Messer singing “Ethics Man,” a parody of Billy Joel’s classic “Piano Man.” It was about the tenth version of that wonderfully adaptable song that I have written. This was today’s chorus (it’s usually a sing-along, but not on Zoom):

Sing us the Rules, you’re the ethics man!
Sing us the Rules today!
We’re stuck in an ethics dilemma here
And it’s your job to show us the way!

I had returned an old verse to this installment because I felt the issue of character and the fitness to practice law was an especially relevant topic. The verse was first written shortly after the John Edwards scandal was exposed.. Edwards, as you may know, never faced any professional discipline from the North Carolina bar despite what I have been told were thousands of complaints, though none were related to his legal practice…

Now John, he was running for President
While running around on his wife
And he fathered a daughter and lied like a rotter
Constructing the scam of his life.
But some lawyers say, “Hey, all that’s personal!
He isn’t unworthy of trust!
Like that guy with the huge student loan he owes
So his bar application’s a bust.”

The last part was a reference to Robert Bowman, a hard-working, honorable law grad denied membership in the New York bar for years because his student loan debt had ballooned due to no fault of his own. (He was eventually admitted.) Bowman was found to lack the character to practice law, while Edwards was (and is) still officially a lawyer in “good standing.” This is a sore point for me; I have said many times that I wouldn’t trust Edwards to mail my water bill, and for the profession to assert that he has the “moral character” to practice law is not just a double standard but a ridiculous one.

Somewhere in my riff on Edwards versus Bowman I used the term “scumbag” to describe the former Senator, and quickly got a message from one of the participants claiming that it was “inappropriate” to refer to Edwards with that slur.

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Delayed Morning Warm-Up, 2/26/21: The Good, The Bad, And The Deranged…

Sorry-For-The-Delay

I just completed my ethics legal seminar, and wow, Trump Derangement runs deep. I kept getting these off topic questions about whether Trump’s lawyer in the impeachment trial was sanctionable for “lying.” Lawyers know better than that: unless you present false evidence (like, just as a wild example, claiming the rioters “killed’ and officer when they did not), advocacy for a client is immune from prosecution, liability or professional discipline. Finally an attendee messaged the group to say, “Can we please stop wasting everyone’s time with these Trump Derangement political questions?”

1. Good! As discussed here, country music superstar Morgan Wallen was suspended indefinitely by his record label and removed from hundreds of radio stations across the country after he used a “racial slur” that no news reporting organization would tell us what it was. OK, I did and will: he was captured on camera saying “nigger” in banter with his friends outside his home, and a malicious neighbor posted the video to social media. Now, I am happy to report, the efforts to “cancel” the singer appear to have largely flopped. The Times reports,

[H]is breakthrough release, “Dangerous: The Double Album” to No. 1 once again. It has held the top spot on Billboard’s album chart for six weeks in a row now, the longest run in the peak position since Taylor Swift’s “Folklore” last summer, and the only country album to spend its first six weeks at No. 1 since Garth Brooks’s “The Chase” in 1992. In its sixth week out, “Dangerous” had the equivalent of 93,000 sales in the United States, including 112 million streams and 10,000 copies sold as a full album, according to the tracking service MRC Data, which is owned by Billboard’s parent company. So far, “Dangerous,” which has 33 tracks in its “bonus” version, has logged just short of one billion streams in the United States.

Meanwhile, a country music station in Knoxville reversed its ban on Wallen’s records after polling listeners, who voted more than 9-1 to have them played again. Other stations are sure to follow, and not because the audience is full of racists who like to use that mysterious word, whatever it is, that the New York Times won’t specify, but because art is distinct from artists, and it is ignorant and foolish to confuse them. Art enriches our lives, and the more of it the better. Unfortunately, there is no correlation between virtue and talent.

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Friday Free-For-All: Open Forum

battle-marvel

Boy, that seven days went fast.

I would be having an open forum now even if we didn’t do this every Friday, because I’m Zooming and ethics seminar to New Jersey lawyers this morning.

Other Bill, esteemed commenter, wrote earlier this week:

“So many people in the commentariat so well versed on so many topics. Impressive and enjoyable. Graduate level discussions of all sorts of things.“

That’s very true, and I’m proud of it. I may even stop worrying about the fall-off in traffic here this month. When the quality of participation is this high, it doesn’t matter.

Another Media-Protected Democrat Is Accused Of Sexual Misconduct By One Of Those Women Who Must Be Believed

This time, it’s Governor Andrew Cuomo of New York, who wasn’t exactly in the best of shape politically to start with—you know, all those dead nursing home residents and a his cover-up and everything.

But we have seen how this usually plays out, have we not? Keith Ellison, formerly co-chair of the DNC, was accused of abuse by two exes, but managed to get elected Attorney General of Minnesota. Virginia Lt. Governor Justin Fairfax also has been accused of sexual assault by two women, one claiming rape. Fairfax swears the encounters were consensual, and maybe they were…but then that’s what they always say, isn’t it? Then, of course, there is Joe Biden, whose former staff member accusing him of rape didn’t stop the vast majority of American women, those progressive, feminist warriors, from voting for him.

Lindsey Boylan, a former aide to Cuomo, came forward with detailed allegations of sexual assault and harassment against the governor yesterday, adding to the accusation she had made last December. Boylan accused Cuomo of kissing her on the lips and asking her to “play strip poker” on a plane ride on his official jet. “Governor Andrew Cuomo has created a culture within his administration where sexual harassment and bullying is so pervasive that it is not only condoned but expected. His inappropriate behavior toward women was an affirmation that he liked you, that you must be doing something right,” Boylan wrote. “He used intimidation to silence his critics. And if you dared to speak up, you would face consequences.”

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Unethical Quote Of The Month: Slate’s Joel Anderson

“For Black employees, it’s an extremely small ask to not hear that particular slur and not have debate about whether it’s OK for white employees to use that particular slur.”

—Joel Anderson,host of Slate’s podcast “Slow Burn” and an African-American journalist.

Just ponder that statement a bit while I provide the context.

The online publication Slate suspended Mike Pesca, the host of “The Gist,” a podcast on news and culture. Why, you ask? Well, says the New York Times, he debated with colleagues on an interoffice messaging platform  over whether non-blacks  should “be able to quote a racial slur” in some contexts. Wait, new York Times–what “racial slur”? Isn’t that crucial to the story? Oh..oh..I get it. The Times also can’t quote a racial slur, whatever it is, even if the “context” is a news story about that slur! Got it.

This is so stupid it hurts.

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From The “Nah, There’s No Mainstream Media Bias” Files: This Is Now What The New York Times Calls “Objective Reporting”

Capitol riot

Yesterday, the Times front page featured an article headlined “Former Security Chiefs Trade Blame For Lapses In Guarding The Capitol.” It was more evidence that the Times, supposedly the role model for American journalism, allows biased innuendo, veiled editorializing and deliberate misinformation to corrupt what it is supposed to be reporting.

Here are some examples:

  • “It also showed that the overlapping jurisdictions of the Capitol Police, the District of Columbia government and other agencies created utter confusion that hindered attempts to stop the most violent assault on the Capitol since the War of 1812.”

That’s a deliberately false and inflammatory comparison. The Capitol was burned in 1812, and it was a war. The attackers were also an invading foreign force. It is also bad history. On July 2, 1915, a former German professor at Harvard, Erich Muenter, planted a package containing three sticks of dynamite in the Capitol near the Senate Reception room. The explosive detonated around midnight and during a time when the Senate had been on recess. I’d say the explosion of a bomb qualifies as a “more violent” assault on the Capitol, but if you disagree, how about March 1, 1954, when four Puerto Rican-Americans fired guns in the House of Representatives, injuring five congressmen?  Or is that not “an attack on the Capitol”?

The Times line was either quickly added to Wikipedia’s entry on the January 6 event, or the Times reporters cribbed the comparison from Wikipedia. This is how bad reporting becomes “fact.”

  • Here’s an example of how the Times lets others do their propaganda for them:

“None of the intelligence we received predicted what actually occurred,” the former Capitol Police Chief Steven A. Sund told senators. He called the riot “the worst attack on law enforcement and our democracy that I have seen” and said he witnessed insurrectionists assaulting officers not only with their fists, but also with pipes, sticks, bats, metal barricades and flagpoles. These criminals came prepared for war,” Mr. Sund said.

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Morning Ethics Warm-Up, 2/24/2021: The Sarcasm Edition

First appearance in 2021 of my favorite Ethics Warm-Up intro. Maybe that’s why 2021 ethics has gotten off to such a rotten start…

In addition to its significance in the siege of the Alamo, yesterday’s date of February 24 has other important ethics markers, perhaps some more important than Travis’s iconic letter. Perhaps the most impact on U.S. history was this date in 1803, when Chief Justice John Marshall (no relation that has been shown to my satisfaction) handed down the landmark decision in William Marbury v. James Madison, Secretary of State of the United States, establishing the legal principle of judicial revie. That’s what gives the Supreme Court the authority to limit Congressional power by declaring legislation unconstitutional. I doubt very much that the United States would still exist as a free republic had not that case been decided as it was, yet the result was probably dictated more by partisan politics than philosophy.

Marshall, in his majority opinion, declared that acts of Congress in conflict with the Constitution are not valid law and therefore are non-binding on the courts, and that the judiciary’s first responsibility is always to uphold the Constitution. And if two laws conflict, Marshall wrote, SCOTUS has the responsibility of deciding which law applies in any given case. Periodically members of Congress, pundits and even academics have criticized the decision, but there can be little doubt that had Marshall not led the Court to make this stand, the Constitution and the Bill of Rights would have been quickly shredded.

This is particularly relevant now, when the Democrats in Congress have signaled that they want government authorities to decree what is factual and what is “disinformation,” while they also seek to weaken Second Amendment rights. Incidentally, there is a prominent statue of Marshall at the Supreme Court, and a recast in John Marshall Park, near Judiciary Square, also in D.C. Another recast is in Philadelphia. Marshall owned hundreds of slaves, which is entirely irrelevant to his essential influence on our government and values. Clearly, many, perhaps most, of the college students in the U.S. would prefer that a non-slave owner had headed the Court, even if it resulted in a nation that slipped into allowing the virtual slavery of all citizens to a national government that “knew what was best.”

1. Oh, sure. Why not? We all know that committees are so effective at leadership. A letter signed by three dozen House Democrats urge Joe Biden to relinquish full control over the country’s nuclear weapons in favor of a committee of legislators. “…Vesting one person with this authority entails real risks,” states the letter, inspired by Rep. Jimmy Panetta of California. “Past presidents have threatened to attack other countries with nuclear weapons or exhibited behavior that caused other officials to express concern about the president’s judgment.While any president would presumably consult with advisors before ordering a nuclear attack, there is no requirement to do so,” the letter adds. “The military is obligated to carry out the order if they assess it is legal under the laws of war. Under the current posture of U.S. nuclear forces, that attack would happen in minutes.”

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