A Brief #MeToo Related Note…

“Judges have a special responsibility to promote appropriate behavior and report instances of misconduct by others, including other judges,”  states the executive summary of a report submitted to the Judicial Conference of the United States, referring to the workplace.

No, everybody has a special responsibility to promote appropriate behavior and report instances of misconduct by others—including judges, lawyers, artists, CEOs, managers, actors, journalists..all “others”) in the workplace.  Judges aren’t special. Anyone who allows a co-worker, a colleague, a superior, a manager or an officer to engage in workplace harassment without taking steps to expose it and end it is complicit in the victimization of the individuals harmed.

Someone ask Bill Clinton, who, hilariously, now says that he supports #MeToo, if he agrees with the above statement. How many people, do you think, had to fail their responsibility to promote appropriate conduct by him in the workplace, for him to obtain power and influence, and convert it to great wealth? Hundreds? Thousands? Tens of thousands? More?

Who else should we ask?

_________________________

Source: ABA Journal

The Epitome Of Organizational Incompetence: The Miss America Pageant Decides Not To Be The Miss America Pageant

The ever-popular Miss America talent competition!

Now, don’t get me wrong: I believe the Miss America Pageant should have been euthanized decades ago. An  anachronism from the heyday of the Atlantic City Boardwalk, the beauty pageant seemed clunky, demeaning and embarrassing when I was a kid, when we had to watch the smarmy Bert Parks sing “There she is, Miss America!” while the winner’s tears washed her make-up down her cheeks. The talent competition was ridiculous; the answers to the judges’ questions were beyond parody. The women, however, did look smashing in their gowns and swimsuits. At least that was something.

But it was essentially a meat show, as my college roommate indelicately put it. The Miss USA and Miss World contestants were hotter, if dumber, and I always felt embarrassed for those women too. And don’t get me started on the Miss Teenage America pageant.

If you are going to have a Miss America Pageant, however, then you have it, and accept the fact that it’s wince-producing. If you don’t want to have such an event any more, then you kill it, that’s it. You don’t suddenly announce, “From today on, the Miss America Pageant is a trout fishing contest!” Isn’t that obvious?

Apparently not. Continue reading

Morning Ethics Warm-Up. 6/5/18: Cakes And Fakes

Good morning…

1. Dummies or Liars? In a comment about yesterday’s 7-2 SCOTUS ruling favoring the Christian cake shop in another baker vs. gay couple controversy, Still Spartan wrote, ” I also don’t want to spend the next few months explaining the ruling to non-lawyer liberals who already are beginning to tear their hair out because they don’t understand the opinion.” Unfortunately, that’s exactly what she will have to do, and the rest of us, as there is already a deliberate effort underway to misrepresent the decision and deceive members of the public too lazy to read Supreme Court opinions, or too under-educated to understand them. (It really isn’t that hard.) This is fear-mongering, and also an effort to undermine the Supreme Court, which can be expected to be blocking a number of left-driven totalitarian measures in the not-too-distant future.

For example, on “The Late Show,” where a disturbingly high percentage of millennials get their news commentary, the smug, insufferable Stephen Colbert described the ruling this way:

“It’s a bad day for gay rights in America. And also for cake rights because this morning, the Supreme Court ruled in favor of a Colorado baker who refused to bake a cake to celebrate the marriage of a same-sex couple. That is tough news. But to lighten the blow the Supreme Court did send the gay couple a lovely cake” which was a cake in the shape of the middle finger.

Hilarious! And a complete misrepresentation of the opinion. The question is, did Colbert and his writers really not understand the ruling? What are the odds that any of them read it? If they didn’t know what the ruling was, isn’t it irresponsible to pass along false information? Or did they know that the opinion in no way undermined the rights of gays to be served in public accommodations like everyone else, but found, and correctly so, that the process was rigged against the baker because of open hostility to religious freedom? If so, the “joke” was deliberate misrepresentation.

The fact that the lie would have been in service of a joke is not a justification. Spreading falsity in public is harmful, and it does not matter who does it, or why.

2. From the “Stop making me defend the New York Yankees!” files:  This is an integrity vs. cash test for Major League Baseball. ESPN announced that it was picking up the Yankees’ one 1 o’clock Sunday, July 8 game with the Blue Jays in Toronto for its 8 p.m. Sunday night Game of the Week. This decision, however, was announced after the Yankees and Orioles players agreed to make up last week’s rained out game as part of a doubleheader on July 9.  As now scheduled, the Yankees will have to play three games in a 24 hour period. The Yankees would probably not leave the ballpark in Toronto until midnight, then have to go through customs, getting into Baltimore at 4 or 5 a.m., into their hotel rooms around 7, and be due at Camden Yards in a few hours.

This is potentially dangerous to the players (baseball is hard to play while asleep), and also undermines the team: the Yankees are expected to be in a neck-and-neck race with the Boston Red Sox for primacy in the American League East, and a single game could be crucial. If the Yankees are forced to play Sunday night on July 8, the Yankee management and players are threatening to retaliate against ESPN by refusing all interviews with ESPN broadcasters. Of course, killing those in-game interviews will only improve the broadcast.

Then the Yankees will claim that the Red Sox were colluding with ESPN, and there will have to be an investigation… Continue reading

Ethics Observations On The Masterpiece Cake Shop Decision

The Supreme Court ruled today in favor of Jack Phillips, the Christian baker in Colorado who refused to bake a custom wedding cake for a same-sex couple. The Court  found that the Colorado Civil Rights Commission infringed on Phillips’s rights in ruling that he violated the Colorado anti-discrimination law barring merchants from refusing service based on race, sex, marital status, or sexual orientation. The ruling is narrow; it does not empower merchants to deny service based on sexual orientation.  It is based entirely on  the Colorado Civil Rights Commission’s  hostility toward Phillips’s religious views in ruling against him.

Observations:

1. Justices Ruth Bader Ginsburg and Sonia Sotomayor were the only dissenting votes, meaning that the decision was 7-2, and not a “conservative vs liberal” outcome. Even the dissent is based on narrow legal and factual distinctions rather than ideological ones.

2. Read the opinion, and the dissent. Also, if you really want to impress your friends, access the resources available here.

3. These statements from Justice Kennedy’s majority opinion, cited by Justice Ginsberg, help clarify matters in the right legal and ethical direction:

  • “[I]t is a general rule that [religious and philosophical] objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.”
  • “Colorado law can protect gay persons, just as it can protect other classes of individuals, in acquiring whatever products and services they choose on the same terms and conditions as are offered to other members of the public.”
  • “[P]urveyors of goods and services who object to gay marriages for moral and religious reasons [may not] put up signs saying ‘no goods or services will be sold if they will be used for gay marriages.’ ”

The ruling could have hardly been less of a ringing endorsement of either “side.”

4. To which I say, “Good.” As I wrote the last time this case was discussed here,
Continue reading

The Controversial Birthday Toast: If Artists Have An Obligation To Avoid Harming Their Art By Being Jerks (Or Worse) In Public, Does The Same Principle Apply To Scientists?

The title refers to this post, which preceded the surprising development of iconic movie mensch Morgan Freeman being exposed as a workplace harasser (alleged, that is) and suddenly seeing his image degraded to Dirty Old Man, and his movies devalued as “Ew!”  Now even his voice-over work is in peril.

A famous scientist is a different kettle of fish, however.

At a genomics meeting at the Cold Spring Harbor Laboratory in New York,  the attendees gathered to listen to the keynote speech in an auditorium, where a large painted portrait of  scientist James Watson–who lives in Cold Spring Harbor— hung. It was also Watson’s 90th birthday. Eric Lander, the director of the Broad Institute of MIT and Harvard, lifted a glass of champagne in hand to toast the famous co-discoverer of the DNA molecule.  Watson has “inspired all of us to push the frontiers of science to benefit humankind,” he said in part.

You would think, would you not, that simply recognizing a giant of science and a crucial and transformative figure in these scientists’ field would be able to escape political correctness and social media controversy, wouldn’t you? Nah, why would you think that, silly? This is 21st century America.

Watson, to catch you up quickly, began tarnishing his reputation years ago with a series of gaffes. Notably, he opined that there was no way to avoid the conclusion that African-Americans weren’t as intelligent, on average, as whites. The furious public backlash sent him into retirement. But he still couldn’t avoid inserting his foot in his mouth: speaking before he was to receive an  Honorary Doctorate from University College Cork (in Ireland) in 2010, Watson told journalists that cancer research was being unnecessarily held back by an obsession with ethics.

So the man has some theories in common with Josef Mengele and David Duke. He also has made some jaw-droppingly sexist comments in his dotage….some that even Morgan Freeman might blanch at.

After the meeting, Caltech’s Lior Pachter  led a furious repudiation of Eric Lander’s toast with a series of tweets documenting various sexist and racist comments by Watson. He later told industry reporters, “That people are willing to celebrate this individual in public was a moment of truth for me of what things actually look like in our community and what might be then happening in nonpublic venues behind closed doors when hiring and other important decisions are being made.”

Lander, since scientists have no more backbone than actors, politicians, comedians and bakery owners, immediately capitulated and grovelled for forgiveness. In an email addressed to the Broad Institute community, Lander wrote that  his brief  comment about Watson being ‘flawed”  to introduce the toast “did not go nearly far enough.”

“I reject his views as despicable,” he wrote. “They have no place in science, which must welcome everyone.”

An article about the foofaraw in the The Scientist amply demonstrates why scientists are no more adept at drawing ethics lines than junior high school students. In the various accounts and arguments, Watson’s legitimately offensive statements are conflated without distinction with more ambiguous ones. For example, he once said, “Should you be allowed to make an anti-Semitic remark? Yes, because some anti-Semitism is justified. Just like some anti-Irish feeling is justified. If you can’t be criticized, that’s very dangerous. You lose the concept of a free society.” What is that? Is he talking about criticism of Israel’s policies, or is he supporting the First Amendment? As I reviewed the debate over Watson along with his own statements, one conclusion was unavoidable. A lot of scientists, including Watson, don’t communicate very clearly. Is that a surprise? They didn’t major in Literature and English for a reason. They are about as skilled at clear, unambiguous expression as I am at quantum physics. Continue reading

Hey, ABC, Let Me Save You A Few Million Dollars…[Updated]

Following the implosion of the new “Roseanne,” ABC is reportedly considering rebooting the show without its evil, racist star. The idea is to spin-off a new “Roseanne” spore, this one focusing on Darlene, the character played since the original show’s inception by actress Sara Gilbert, who smartly signaled her virtuousness by being the first cast member to condemn her TV mother’s ugly tweet. From The Hollywood Reporter:

“As we previously reported, executive producers Tom Werner, who also executive produced the original series, and Gilbert, the main driving force behind the revival, are believed to be spearheading the efforts to continue the show and keep the writers, led by executive producer/showrunner Bruce Helford, and crew employed post-cancellation.”

The ethical value here is either incompetence—for this idea is doomed to fail—or dishonesty,  if ABC and Disney know it will fail, but are just launching a hopeless mutant to remove any lingering bad public relations over punishing hundreds of artists and fans of the new “Roseanne” because of a single, misbegotten tweet.

It is one or the other. Continue reading

Morning Ethics Warm-Up, “June Had Better Be Better Than May” Edition: Wait, CNN Is Condemning Double Standards? [UPDATED]

Good morning…

1. How low can the New York Times go?  Even lower than I thought...In today editorial, the Times editorial board complains about President Trump’s pardon of conservative writer  Dinesh D’Souza, whom it describes as a “right-wing troll.” Okay…and by that kind of measure, the entire Times editorial staff is a collective left-wing troll. The Times notes that D’Souza is “known for, among other things, posting racist tweets about President Barack Obama [ The Times identified a single “racist tweet,” but in any event, such tweets are not illegal]  spreading the lie that George Soros was a Nazi collaborator [ Not a lie, just an unfair characterization that D’Souza may genuinely believe. Lying is also not illegal, and the Times should be grateful for this given its own proclivities] and writing that “the American slave was treated like property, which is to say, pretty well” [ An opinion, if an obnoxious one, and also not illegal.] So what? None of that justifies D’Souza’s prosecution on a technical election law violation that many found to be politically motivated and pushed by those who took offense at, well, exactly what the Times cited about him. Bill Clinton, during the 2016 primaries, openly violated the law by politicking for Hillary at a polling place in Massachusetts without any consequences. That was selective non-prosecution if the offense was usually enforced, and would have been selective, suspicious prosecution if he had been charged when most violators are not. There are good reasons, in other words, to believe that an anti-Obama, anti-Democrat gadfly was targeted vindictively by the Obama administration to chill his political speech. Trump’s pardon is defensible, if provocative. Then the Times writes,

“The tendency of presidents of both parties to reward cronies with clemency — from Gerald Ford’s pardon of Richard Nixon to Bill Clinton’s of the financier Marc Rich — is one Washington tradition that we’d welcome Mr. Trump smashing.”

You read that correctly. The New York Times just sunk to a new low, which is quite an achievement, comparing Gerald Ford’s brave, wise, and politically ruinous pardon of Richard Nixon for the good of the nation (and it was good for the nation, while a protracted political show trial of a disgraced President would not have been) to Bill Clinton’s probably criminal pardon of fugitive Marc Rich, whose ex-wife coincidentally followed up Clinton’s  defiantly perverse  act with a huge financial gift to Clinton’s Presidential library.

2. How to invalidate an apology in one, stupid step. Yesterday “Cunt”-Hurler Samantha Bee apologized “sincerely” for her scurrilous attack on Ivanka Trump after it began to appear that her incivility might lose her show some sponsors. Then she almost immediately showed how sincerely ( as in “not one bit”) at last night’s award ceremony, as the Television Academy  honored Bee’s  “Full Frontal”  for “advancing social change” (as in ‘pushing partisan anger and hate to the point where a civil war is no longer unthinkable.’ Yay Samantha!). Her award should have been cancelled, of course, and by awarding it to Bee anyway, the Academy tacitly endorsed the position that Ivanka Trump is a “feckless cunt.” Continue reading

Just Trying To Get The Rules Straight…[Updated]

(That’s me on the right…)

Pardon me for being obtuse, America, but I want to make sure I understand this.

Samantha Bee, the comic who called Ivanka Trump a “feckless cunt” yesterday on her TBS show “Full Frontal,” apologized today, saying on Twitter,

“I would like to sincerely apologize to Ivanka Trump and to my viewers for using an expletive on my show to describe her last night. It was inappropriate and inexcusable. I crossed a line, and I deeply regret it.”

No repudiation of her words were forthcoming from TBS, or Turner Broadcasting, which owns that network as well as CNN. [UPDATE: After this was posted, TBS stated that Bee’s words were “vile” and “inappropriate,” and that it was their “mistake” as well as Bee’s.]

Now, Roseanne apologized for her tweet connecting Obama-whisperer Valerie Jarrett to the Planet of the Apes, yet was not only fired, but had her show, and its entire cast and crew, tossed as well. ABC, which did the tossing, explained that her tweet, which was on Roseanne’s personal Twitter account, did not comport with the network’s values. Well, did anyone think for a nanosecond that Roseanne was speaking for ABC with her obviously spontaneous, not-very-well-thought-out slur? Of course not. In contrast, Bee’s line that was “inappropriate and inexcusable” was  scripted, vetted by the network, and prerecorded, as well as previewed by network personnel . So it is fair to assume that calling the President’s daughter a ‘feckless cunt” is consistent with the network’s values. Right? Am I missing something?

Now this is confusing to me. Roseanne’s line was obviously intended as a joke, and supposedly comics need to have wide tolerance when jokes misfire. Bee’s statement wasn’t even a joke; it was just a vulgar insult. Moreover, a pre-taped, scripted TV show is obviously a more consequential forum than a single tweet, and a personal tweet is viewed as less of a representation of a network than a show on that network. Correct?

I don’t get it. Continue reading

End Of May Morning Ethics Warm-Up: The Games People Play

Good Morning!

1. Too soon? On June 6,  “Active Shooter” will be released. The video game allows players to take part in a simulated school shooting scenario, assuming the role of either the shooter, a SWAT team member, or a student trying to survive. the simulation’s developer is Rival Games, and it be sold on the Steam online store. Naturally, the game is being condemned, and there are even calls to ban it.

I see nothing unethical about the game at all. Depending on how well it is constructed, I can even see some benefits of it. A simulation on-line makes more sense that silly active shooter drills in schools, which only increase student anxiety and create the illusion that such an event is more likely than it is.

Promotion for Active Shooter has a disclaimer stating: “Please do not take any of this seriously. This is only meant to be the simulation and nothing else. If you feel like hurting someone or people around you, please seek help from local psychiatrists or dial 911 (or applicable). Thank you.” This is a CYA message, of course. The company is considering removing the option of playing the shooter; I think this would be wise.

Yes, of course the game is offensive and upsetting to many, especially those whose family members and friends were involved in these tragedies. They definitely shouldn’t buy the game. But let’s take a poll:

2. Pantsgate. In what must be the longest running stupid legal ethics story ever, the District of Columbia Board on Professional Responsibility is recommending a 90-day suspension for  former judge Roy Pearson Jr., who sued his dry cleaners for $67 million for allegedly losing his pants in 2005. I wrote about this crazy story on the old Ethics Scoreboard, which is currently off line, but will be back soon, I swear.

Pearson first sought $1,150 as compensation for his lost Hickey-Freeman pants, but when the dry cleaners refused to pay, he escalated his litigation, finally reaching what the board called “the absurd” $67 million  claim. The board, like an earlier hearing committee, found that Pearson  violated ethics rules barring frivolous claims (Rule 3.1) and serious interference with the administration of justice (Rule 8.4). The board disagreed with the hearing committee’s lenient recommendation of a stayed suspension. Continue reading

Ethics Observations On The Roseanne Tweet Fiasco

1.  It is possible, after all, to revile Roseanne Barr’s gratuitously vicious “joke” about Valerie Jarrett, and to question the extended reaction to it. I feel especially emboldened, perhaps because you couldn’t have forced me to watch that show or anything associated with Barr had you been credibly threatening to blow up Fenway Park unless I tuned in. One of the ways the enemies of free discourse and thought further their agenda is by setting up these dilemmas, where to even suggest that a genuine miscreant’s punishment has exceeded reasonable bounds is to risk shunning and other serious cultural consequences—it’s the Cognitive Dissonance Scale again. “See, then we make them defend someone who would tweet something like that, and we’ve got em! Then they look like racists too! Bwahahahahaha!

2. No, I don’t think ABC and Disney were looking for an excuse to cancel “Roseanne” 2 because it was perceived as pro-Trump. The show was making money, and corporations place money above politics. However, there is no doubt that a conservative show has less margin for error in today’s biased media environment. It was up to Roseanne to understand that and moderate her conduct accordingly. This recent post is relevant.

3. I was not aware, until ethics alarms reader  Sue Denim pointed it out here, that Barr may have physiological reasons for her lifetime addiction to ugly humor: Continue reading