Author: Jack Marshall

A Harmonica, Mickey Mantle’s Practical Joke, And Moral Luck

/ Jack Marshall / 2 Comments

Linz harmonica

Phil Linz died last month, and I meant to write about it but did not. He was a baseball player that only baseball fans remembered, and fewer as time went on, yet he was deemed worthy of a long obituary in the New York Times, among other publications. There is a reason, and the reason ultimately reduces to a favorite topic here, moral luck. That, of course, isn’t mentioned in any of the obituaries.

I saw Phil Linz play many times. His New York Yankees team was the perennial pennant winner that dominated the American League from 1961 to 1964; Linz joined the team in 1962. By current day standards he was a terrible hitter, but he could play many positions well, and those Yankee teams were hardly short of offense. Still, utility infielders with light bats are usually fungible and forgettable. Baseball Reference.com lists the most similar players to Linz as Robert Andino, Augie Ojeda, Manny Alexander, Clyde Beck and Rusty Peters.

Unlike any of those nonentities, however, Linz had a moment of fame. On the afternoon of Aug. 20, 1964, the Yankees were riding the team bus to O’Hare after losing four straight games to the White Sox. Yankee manager Yogi Berra, seated in the front, was in a foul mood: the team was looking like it might finish in second place, something just not tolerated by Yankee management. Linz had recently bought a harmonica, and was practicing in the back of the bus by playing “Mary Had a Little Lamb,” over and over. Yogi couldn’t stand it, and shouted from his seat to Linz, “Shove that harmonica up!” Between the harmonica and the other noise, Linz didn’t know what his manager had said, so he asked the teammate sitting by him, Mickey Mantle, what Yogi had shouted. The Mick, who was a practical joke aficionado, told him that Berra wanted him to play louder. So Linz did.

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Celebrities, Teachers And Pacs, Oh My! Partisan Hatemongers And What To Do About Them

/ Jack Marshall / 4 Comments

Wow. Joe Biden eking out a White House win with the outrageous help of a biased news media and the intervention of a pandemic has certainly inspired progressives who wish isolation, violence and punishment on those who dare to disagree with them to out themselves with wild abandon! Three particularly ugly examples, and what to do about them:

I. The Teacher

At Drake University, Associate English Professor Beth Younger has continued that stream of hateful tweets that included one on October 26, 2020 that said, “I was just pondering how much hatred I feel towards all the republican assholes. They need to suffer.” This month, she has added tweets saying “men are trash,” insulting Senator Josh Hawley with “fuck of you piece of shit,” calling Mike Pompeo a “fucking moron and a traitor,” and one referring to Melania Trump as a “terrible human.”

Marty Martin, the President of Drake, sent an email to faculty, staff and students last week, reading,

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Morning Ethics Warm-Up, 1/30/2021: Oh, The Usual…Race-Baiting, The Pandemic, Betrayals, Journalism

/ Jack Marshall / 9 Comments

SCOTUS Morning

Late reflections on this morning’s first post:

  • The story of how the only official to be referred for criminal prosecution as a result of the illegal Justice Department machinations to cripple the Trump administration was reported on page A20 of the New York Times front page this morning. Thirty stories were considered more important for Times readers to know about, including the discovery of  200-year-old fort built by indigenous Alaskans.
  • From the Times report: “The Justice Department has said it no longer believes the full range of evidence available to it by the final two extensions met legal standards to invade Mr. Page’s privacy.” This is deceptive: the purpose of the FISA warrant was to surveil the Trump campaign. meaning that the surveillance was illegal. Page was a means to an end, and the end being sought was redolent of the Nixon dirty tricks that spawned Watergate. The Times is burying the significance of what Clinesmith did. Similarly, the headline “Ex-F.B.I. Lawyer Who Altered Email in Russia Case Is Sentenced to Probation” is deliberately deceptive. The objective of the “collusion” claims were to sink the Trump Presidency, not to punish Russia.
  • A single day’s riot that breached the Capitol and had no tangible effects of the government at all is being routinely labelled an “insurrection,” while a two year effort to cripple a Presidential administration using false evidence and involving the Justice Department, the FBI and news media  is reported as an inconsequential legal matter.

1. Finding systemic racism where it wasn’t. Cicely Tyson died at the age of 96. Like Charlton Heston, the African-American actress became an icon by playing iconic roles. She had by any standards an acting career an actress should be proud of, and most performers would envy: she appeared in 29 films; at least 68 television series, mini-series and single episodes; and 15 productions on and off Broadway.  She  was honored with an Oscar, three Emmys, many Emmy nominations, a Screen Actors Guild Award and a Tony, and accomplished it all while being a non-beautiful woman in a profession that values beauty above all, mostly limiting her to character and historical roles.

Yet Times critic Wesley Morris, an African-American who  has a narrative to advance, writes in an appreciation, “Let’s face it: the great parts were always headed to someone whiter anyway… Consider the parts she could have played if the movies were fairer.” This is approximately equivalent to saying, “Imagine the parts Mickey Rooney could have played if the movies were fairer.” Tyson was unique and talented, and the movies were sufficiently fair for her to play major roles in major projects throughout a long career. There are undoubtedly African American actresses who consider it unfair that when a black female character was being cast in a hsitorical film, Tyson was ha the right of first refusal.

Might she have been cast in “The Jagged Edge” in place of Glenn Close? Sure—so could Faye Dunaway. Or Ellen Burstyn. The difference is that those actresses can’t use racism as the reason they weren’t cast.

In addition to her stellar career and reputation, Tyson died with an estate worth at least 10 million dollars. Hollywood has been racially biased for decades, but Cicely Tyson shouldn’t be cited as a victim. Like so many of the individuals she played, she rose above racism by strength of character and ability. Continue reading →

Once Again, Unethical Sentencing Using “He’s Suffered Enough”: That’s Not The Message That Needed To Be Sent

/ Jack Marshall / 11 Comments

Collusion2

In August, former FBI lawyer Kevin Clinesmith pleaded guilty in federal court to making a false statement in the first criminal case arising from U.S. Attorney John Durham’s investigation of the of the irregularities surrounding law enforcement actions regarding allegations of”collusion” between Russia and the 2016 Trump campaign, a manufactured charge used to delegitimize and undermine the Trump Presidency. Clinesmith’s guilty plea was to “one count of making a false statement within both the jurisdiction of the executive branch and judicial branch of the U.S. government, an offense that carries a maximum term of imprisonment of five years and a fine of up to $250,000.”

Clinesmith admitted that in June 2017, he had sent a deliberately altered email to an FBI agent falsely indicating that Carter Page, a former Trump campaign adviser, was “not a source” for the Central Intelligence Agency. The email was used by the FBI to apply for a third extension of a FISA warrant justifying surveillance on Page. Paige had, in fact, been a source for the CIA. Clinesmith’s defense was that he had mistakenly thought the altered assertion in the email was correct, and he only altered it to save himself the trouble of getting a another email from the CIA.

If this doesn’t remind you of Dan Rather’s rationalization for using a forged document to accuse President George Bush of going AWOL while he was in the National Guard, it should. But Rather was just a journalist, albeit a one who carried the public trust. What he did was unethical, but what Clinesmith did was unethical and illegal. He knowingly manufactured evidence offered by the U.S. government to violate the Fourth Amendment Rights of a citizen, knowing that the warrant being sought would be used to spy on the Presidential campaign of the party opposing that of the sitting President, Barack Obama. The Trump Presidency was permanently sabotaged from its very start as a result of Clinesmith’s actions along with others in the Justice Department and FBI. Although the Mueller report found no evidence that any American anywhere, not just in the Trump campaign, coordinated with Russians to affect the 2016 election, the lie that Clinesmith facilitated constituted a deliberate effort by law enforcement officials to subvert a Presidential campaign and a President.

Yeasterday, Clinesmith was sentenced. U.S. District Judge for the District of Columbia James Boasberg, an Obama appointee, delivered the proverbial “slap on the wrist.” He sentenced him to 12 months probation and 400 hours of community service. He will serve no jail time.

My son, 18 at the time of his offense, was given five years probation and spent six months in jail for a traffic violation, just to provide some basis for comparison.

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Yet PETA’s Campaign To Limit Speech Is No More Unethical Than Other Attacks On Freedom Of Expression, Just More Self-Evidently Stupid…

/ Jack Marshall / 20 Comments

Speciesism

It doesn’t matter what words, phrases or expressions politically-motivated censors try to eliminate from the language, be it gender pronouns, “retard,” fuck,” “nigger” (or “niggardly”), “bitch,” “Karen,” or “master; ” “a chink in the armor,” “sexual preferences,” “Illegal aliens,” or “anchor babies.” The intent is to limit the ideas that can be expressed, and, eventually, thought. The principle is pure Orwellian linguistic: what the brain can’t express, it can’t imagine. The technique is unethical; worse, it’s a weapon against democracy and freedom of thought.

PETA, the U.S. organization that most egregiously misuses the word “ethical” in its name (with CREW, Citizens for Responsibility and Ethics in Washington is a close second) would like to erase the boundaries between human beings and animals in law and culture. Thus it must have seemed like a natural progression to them to come up with “speciesism,” a form of alleged bigotry in which humans view themselves as superior to animals, just because they are. Hence the new directives above. PETA wants dictionaries to excise from the language derogatory metaphors involving certain animals. “Animal-related slurs used to debase humans reinforce inaccurate and harmful characterizations of animals,” PETA says.

“Oh, shut up and get a life, you silly people,” Ethics Alarms says. Animal metaphors and comparisons contribute to the richness of language and literature, and unlike negative characterizations of human individuals and groups, nobody’s feeling are hurt, because, see, one of the reasons humans are superior is that they can read and understand complex language.

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The All-Consuming Mad Hate For President Trump Is Now Signature Significance

/ Jack Marshall / 15 Comments

Signature significance on Ethics Alarms means a single aspect of an individual’s conduct that all by itself is proof positive of an untrustworthy character because an ethical individual will not behave that way ever, not even once. Trump hatred and the unquenchable desire to punish him for his very existence (and daring to be elected President, thus foiling Hillary Clinton’s dreams) was mostly the result of people living in an echo chamber and trusting a corrupt media: decent ethical people fell victim to Trump Derangement. But the determination to persecute him now cannot be excused. It is the mark of someone who has allowed, as Richard Nixon observed on the way into the helicopter, hate to destroy him. Such people are untrustworthy, and they show us the ugliness of irrational anger and bitterness.

Too many such people have power and influence right now.

A friend sent me this article in the Washington Post, my home-town paper whose unethical bias became so extreme that I switched to the New York Times, which is a bit like choosing a heart attack over brain cancer. It is quite amazing: in it, the art and architecture critic for the paper insists that Donald Trump should be blocked by law from having a Presidential library. Why? Oh, the critic says, Trump incited an “insurrection”! Besides, “even a privately funded and operated Trump presidential library, which would be devoted to whitewashing his record and rewriting history, is a terrible and even dangerous idea…. given Trump’s alleged misuse of charitable funds, including self-dealing, waste and other illegal activities, at his now dissolved New York-based foundation….” And “any intention to start another public entity can only be considered a crime scene waiting to happen.” Plus, “…the danger of Trump using a presidential library to burnish his image is far more serious, with the ex-president and his surrogates still promoting the idea that his electoral loss was somehow fraudulent. That creates an ongoing uncertainty in American public life, which Trump and even more unscrupulous actors will use to further division, inflame tension, exacerbate racism and delegitimize the American democratic system.”

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Is It Ethical For Responsible Americans To Remain On Facebook?

/ Jack Marshall / 29 Comments

Facebook-Censorship

There was some sort of good news but also seriously ominous news regarding Facebook’s increasingly brazen efforts to distort public debate and to use its power to restrict free speech. Unfortunately, the good news wasn’t nearly good enough, and the rest might just be the proverbial straw that breaks the metaphorical camel’s back, at least for me.

On the slightly positive side was that the giant social media platform has reversed several instances of content removal after review by the company’s “independent” (I am not convinced how independent it is) oversight body. Facebook’s new 20-member Oversight Board released its first verdicts yesterday, and overturned four of five censorship decisions. Facebook is now allowed seven days to restore the banned content.

But why does it take seven days? It doesn’t really: this is a stall. With time sensitive material, the license just compounds the harm.

Now the board will decide whether to keep former President Trump’s page banned permanently. That should tell us whether the review system is legitimate or a sham with a purely political agenda, for there can be no justification for blocking the words, views and opinions of any prominent national leader, particularly a President, and particularly particularly one who is routinely savaged with twisted accusations every day by the news media and every second by other Facebook users. The Oversight Board will issue a decision in the next 90 days as the ban continues. It’s a another transparent stall. This isn’t a hard call, and if it is for anyone, then that is signature significance for disqualifying bias.

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Incompetent Elected Official Of The Month: Rep. Marjorie Taylor Greene (R-GA)…For The Second Time!

/ Jack Marshall / 6 Comments

Greene

It’s a record!

Ah, the Stupid is strong with this one! Rep. Marjorie Taylor Greene invited the press to a town hall event last night in which she planned on answering questions about her support of various wacko conspiracy theories, as well as her silly filing of a bill of impeachment against President Biden. Despite inviting the press, Greene’s instructions were that they couldn’t ask any questions. Yeah, that always works.

A reporter and videographer from a local Georgia station tried to question the Congresswoman, and Greene told them that she was there to speak to her constituents, and not to deal with the news media. Then a Whitfield County sheriff’s deputy escorted the journalists out of the town hall and threatened to arrest and charge the crew with criminal trespassing if they refused to leave. Later, a spokesperson for Greene’s office explained that the crew was removed because the town hall event was “not a press conference.”

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GameStop Ethics

/ Jack Marshall / 46 Comments

Guest Post by Andrew Nelson and Rich in Ct, with a note by Humble Talent

GameStop

[I would say that finance is among my worst topics along with soccer and calculus. My request for clarification on the current GameStop controversy and its ethics implications attracted helpful responses, and I am combining them into one collaborative post. First, Andrew:]

Gamestop, a publicly traded company, was seen as undervalued by some users of an internet forum, in this case, a reddit forum called r/wallstreetbets. That same stock was seen as on the brink of collapse by a hedge fund management group, Melvin Capital, who decided to short sell….

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Here Humble Talent clarifies:

A short sell is when someone, usually a broker, is holding stock in a company they think is overvalued. They owe their client X number of shares, regardless of the price. So if you have 100 shares of Game Stop stock at $4, and you think it’s going to $2, you sell at $4 and then rebuy the stock at $2, pocketing the difference and letting your client swallow the loss. It’s a loss they would have swallowed one way or the other, so they’re not really hurt, per se. Basically, you’re betting that a stock will go down in value. If the stock instead increases in value, you lose the difference. I think it breaks a fundamental fiduciary duty and should be illegal, but it’s where we are.

So what happened here was that a lot of people thought Game Stop was overvalued, it was listed at approximately what I said it was, between $3 and $4 per share. Short sellers were banking on it decreasing in value, so they sold all their client’s shares. Now that there’s been a ridiculous noise buy on these stocks, and they’ve *increased* in value 1000% (real number) instead of decreasing 50% (expectation) the firms that short sold the stock are going to have to find stock to buy to make their client’s portfolios whole. Which means that they will have to buy thousands of shares back at $400 when they sold them at $4, instead of $2, which they expected to. That 2000% difference over all those shares represents tens of millions of dollars, just on the Game Stop shares.

Basically, a bunch of unethical portfolio managers got their paws slammed hard in the cookie jars of their client’s portfolios, and it’s magnificent.

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….Whether through intent or accident, these two groups converged on Gamestop at roughly the same time.Regardless of original intent, the users of the reddit forum got more and more people to buy into that stock, causing the price per share to inflate drastically. It’s sitting at over $400 per share when I last checked. A similar situation is happening with AMC stock, though with less drastic inflation.

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Well, This Was GOING To Be A Morning Warm-Up Until I Got Derailed Trying To Track A Commenter Rumble That Doesn’t Belong On An Ethics Blog…

/ Jack Marshall / 28 Comments

But enough of that.

Let us never speak of it again.

1. A day that will live in ethics infamy...on 11:38 a.m. EST, on January 28, 1986, the Space Shuttle Challenger blew up shortly after launch, signalling the beginning of the end of the NASA manned space program. Ethics Alarms has published a lot about the ethics space wreck that led to the disaster and continued in its wake. The Challenger Disaster tag has a most of the relevant posts, of which this one, this (which I built a legal ethics seminar—and a song!—around) and this are the most extensive.

2. Another historical ethics note: Walter Bernstein died last weekend. He was one of the screenwriters blacklisted during the Red Scare. Blacklisting seems especially relevant right now. Most of his films were political; the best known is probably “Fail-Safe,” a movie I deeply dislike that was and is over-shadowed by the superior “Dr. Strangelove…” which hit theaters around the same time. His best screenplay was probably “The Magnificent Seven,” an ethics Western, which he contributed to surreptitiously while he was still blacklisted. After he could write under his own name again, Bernstein wrote “The Front,” a mordant comedy about based on his experiences being “cancelled” in Tinseltown.

Bernstein, unlike many others who were blacklisted (like my friend Bob McElwaine), really had joined the Communist Party. The Communist cause was attractive to him after the war, he said in an interview, because the “Communists seemed like they were doing something.” Such was the intellectual focus of Hollywood Communists, but having lazy and naive political opinions isn’t supposed to cost you your profession and livelihood in the United States of America.

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