Post-Zoom Hangover Ethics, 3-31-21….

People, even lawyers, just do not interact much in remote seminars. It makes a three-hour session far more tiring, even though I’m sitting down, rather than stalking through the space. Thus I am blotto now, after a legal ethics session earlier today.

1. And THIS is the best paper in the U.S…Two headlines on the New York Times front page this morning my high school paper faculty advisor would have rejected…and he would have been right:

  • “Gaetz Said To Face Inquiry Over Sex With Underage Girl” The fact someone says it is not news. Is he “facing an inquiry” or isn’t he? “Three people briefed on the matter” isn’t a source: we’ve seen how accurate the Times anonymous sources are, especially when the subject is a Republican, a conservative, and a Trump supporter. Why the front page for a rumor? Slow news day? Hey, I’ve got an idea: How about an article about how Joe Biden called Georgia “sick” based on a complete misrepresentation?
  • “Taliban Believes The War’s Over And They Won.” This is psychic news again, my favorite fake news form. How does the Times know what the Taliban “thinks”? Who cares what it “thinks”?

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Res Ipsa Loquitur: The Unethical Tweet Of The Week

The res ipsa loquitur part is that anyone who would write this, publish this, say this or think this is ignorant, irreponsible. and an idiot, by definition.

What the tweet doesn’t tell you is…

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Ethics Quote Of The Month: Jordan Gould, Earnest Vanderbilt Social Justice Warrior And Pathetic Sap

“Let’s turn the page. A word to the Vandy student government president-elect: You would be surprised to learn how aligned our interests are. I invite you to work with me as I renew my commitment to chair the student government Economic Inclusivity Committee. The pursuit of social justice takes hard work. Let’s meet this challenge together.”

The final, sad paragraph in Vanderbilt student Jordan Gould’s essay on Medium titled “When the Social Justice Mob Came for Me.”

I am not designating this an Ethics Quote of the Month because it expresses an ethical ideal or concept, for being a fool and a patsy is never ethical. Rather, Gould’s lunk-headed failure to learn the obvious lessons from his traumatic experience of running for student body president of his supposedly liberal college is symptomatic of what decades of leftist and anti-American indoctrination have done to our youth. Gould has been marginalized and vilified by those he thought were his allies and ideological compatriots, and he doesn’t even realize it.

The harrowing essay details how he was attacked for being white, Jewish, and belonging to a fraternity, in other words, male.  He writes,

Suddenly I started to get tweets and group messages where people told me to go to hell, that I was a white supremacist and a racist confederate. My senior advisor, a woman of color, was asked why she supported a Colonizer.The other candidates’ supporters tore down our posters and ripped my head off the pictures, a sinister warning of what was to come. My campaign was called the white supremacist campaign. False social media posts circulated that my fraternity had parties with confederate flags and chanted that the south would rise again. One message said, “White men are the absolute worst!” Soon after, the posts got even more terrifying — “Hitler got something right!” and “he should get dragged for it!” I began to fear for my safety. Why was this happening?

Why? Why? This is a smart young man, and he is asking that?

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Sunday Ethics Peeps, 3/28/21: “Hey, Everybody! Free Gym Memberships!”

Peeps

1. Speaking of useless awards shows: Here are the winners of the NAACP Image Awards, presented by Black Entertainment Television, which raises questions all by itself. Now someone explain to me how such awards are helpful, productive, and justified in the United States of America in 2021. As hard as I try, I cannot think of any words but hypocrisy, apartheid, and double standards.

I’d really appreciate an argument from an African-American reader.

2. An ethical firing at USA Today. After Ahmad Al Aliwi Alissa shot up a supermarket in Boulder, Hemal Jehaveri, who held the Orwellian post of “Race and Inclusion Editor,” proved her qualifications by tweeting “It’s always an angry white man, always.” This did not go over well, for several reasons.

Race tweet

First, “it” isn’t “always” a white man. Second, this particular shooting appears to be based on religious and ethnic hate, not race. Third, for a “race and inclusion” editor to announce racial bias of her own on social media would seem to be immediately disqualifying. Fourth, as a journalist, she needs to be trusted, and not tweet out false information on a whim.

Fifth, she’s a biased idiot.

She was fired. Good. Now she’s claiming that her firing was race-based:

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Morning Ethics Warm-Up I Expected Not To Get Posted In The Morning, 3/26/2021: “Ouch!” Edition

Dentist

Therein lies a tale

I arrived at the appointed time for my triple tooth extraction to be told that I would be required to pay the entire cost of my surgery on the spot, and the amount was a cool $4000. This, despite the fact that I had been told (by the doctor) that I could wait before deciding on the various treatment options, and having not received clear (to me, at least) information that the office took no general medical coverage at all, just dental insurance, and my dental insurance was not among the blessed. (Raising the related issue of why my dentist would refer me to an oral surgeon who did not accept the insurance that the dentist did, without alerting me in advance. “We tried to call you,” the snotty desk staff said. Really? I had no messages on my home or office lines. “We only call our patients on their cell phones,” I was told. Then why do you ask for the other numbers? If you have essential information to convey, and you can’t reach a patient by cell, why wouldn’t you try the other contact options? Where on the form does it say that the only number you will use is the cell phone? I only included the cell number because it was asked for: I use cell phones when traveling, period, and during the lockdown it is usually uncharged. If I am going to be expected to hand over 4 grand on the spot, I need to be told, and the information I provided gave an easy means to tell me. What I suspect is that the 20-somethings behind the desk, living on their smart phones themselves, would never dream that anyone wouldn’t do the same. It wasn’t a policy, it was an unwarranted and incompetent assumption.

I informed the staff that its conduct was unethical and unprofessional, and that its attitude was arrogant and obnoxious. Then I walked out. I don’t care if the next oral surgeon costs as much or more: I don’t trust people who treat me like this. Screw ’em.

1. It’s a banner day in the history of “the ends justifies the means” medical ethics! On this date in 1953, American medical researcher Dr. Jonas Salk announced on national radio that he had successfully tested a vaccine against poliomyelitis, the virus that causes polio. Salk had conducted the first human trials of his vaccine on former polio patients, on himself, and his family. The general consensus among ethicists is that self-experimentation is ethical: as one scholarly paper put it, “Organizational uncertainty over the ethical and regulatory status of self-experimentation, and resulting fear of consequences is unjustified and may be blocking a route to human experiments that practicing scientists widely consider appropriate, and which historical precedent has shown is valuable.” But using one’s family as guinea pigs? Unethical, absolutely. The researcher, in this case Salk, has undue influence over such subjects, and consent cannot be said to be voluntary.

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Unethical Quote Of The Month: CNN

“We generally do not get involved in the medical decisions of our employees. However, it is not surprising that in the earliest days of a once-in-a-century global pandemic, when Chris was showing symptoms and was concerned about possible spread, he turned to anyone he could for advice and assistance, as any human being would.”

—-CNN spokesman Matt Dornic, in a jaw-dropping defense of anchor Chris Cuomo after it was revealed that he used  his brother’s influence to “cut in line” to get Wuhan virus testing when it was unavailable to the general public.

Earlier this week, the The Albany-Times Union and The Washington Post reported yet another scandal involving New York’s Francis Ford Coppola-redolant governor, Andrew Cuomo. As if the deadly NY nursing home cover-up and the expanding sexual harassment allegations were not more than enough, we learned that…

“High-level members of the state Department of Health were directed last year by Gov. Andrew M. Cuomo and Health Commissioner Dr. Howard Zucker to conduct prioritized coronavirus testing on the governor’s relatives as well as influential people with ties to the administration. Members of Cuomo’s family including his brother, his mother and at least one of his sisters were also tested by top health department officials — some several times.”

The governor, in short, manipulated state resources to ensure that his brother, CNN’s Chris Cuomo, received Wuhan virus testing when tests were scarce and generally unavailable. “The CNN anchor was swabbed by a top New York Department of Health doctor, who visited his Hamptons home to collect samples from him and his family,” WaPo reported. The test specimens from Andrew and other Cuomo family members were then rushed, in some cases driven by state police troopers to a state public health lab in Albany, where they were processed immediately. Some employees in the state health laboratory worked overtime late into the night to process the results for Cuomo family members whose roles in society, while hardly essential to New York or the public, were favored by the Governor of New York.

In particular, the CNN anchor got specialized medical attention while “media reports were full of accounts from New Yorkers desperate to get tested — including some with symptoms and recent travel history who were turned away because of scarcity.”

Glenn Greenwald neatly sums up the import of this beyond the obvious fact that this is another example of elected officials using their power and influence for personal gain:

For more than a year now, CNN’s promotion of “interviews” conducted by Chris Cuomo of his own brother — in which the CNN host repeatedly heaped lavish praise on Gov. Cuomo and even hyped him as a presidential contender while the Governor was corruptly and possibly criminally covering up COVID deaths — was one of the most glaring breaches of journalistic ethics imaginable…it aggressively deceived CNN’s audience. That they knew it was corrupt was evidenced by the CNN host’s recent announcement that he would not cover his brother’s recent scandals: what conceivable framework makes it journalistically permissible for a news host to shower his own brother with praise, but then not cover his scandals?

But now Chris Cuomo is directly involved in a serious abuse of power scandal by his brother: in fact, he’s the prime beneficiary of that scandal. He sought special medical favors from his brother, depriving other sick people more in need of it than he, by exploiting the fact that his brother is Governor and thus rules the state. That’s a scandal by any measure — one involving not only the Governor but also the CNN host.

What’s even more remarkable is that on May 6 — just weeks after Gov. Cuomo provided special COVID testing and treatment for him — Chris Cuomo “interviewed” his brother and began the interviewing by noting that New York State lacks the resources to provide COVID testing to the public at large. So not only did they conceal that they had both just used state resources to get Chris that scarce testing, but they both acknowledged that there was a resource shortage to serve the general public, even as Gov. Cuomo was lavishing those resources on his own family.

Now read CNN’s response again. Continue reading →

Rainy Day Ethics Puddles, 3/24/2021:

1 Shut up or be funny. For some reason, the fact that Monday’s “Late Night with Seth Meyers’ included a gratuitous and facile lecture by the host about gun control legislation was plastered all over the progressive news media as if he had begun speaking in tongues or channeling the ghost of Emily Dickinson. I hate to be a spoil sport, but who cares what Seth Myers thinks about gun control? He’s a comedian and a comedy writer, and has been nothing but since college. Again, he has no brief to lecture anyone on that topic: he has his job to be funny, and the show he hosts is, theoretically at least, a comedy show. Did Julia Child ever lecture her PBS audience about U.S. nuclear policy while explaining how to cook an omelette? No. Did Walter Cronkite ever break into knock-knock jokes during The CBS Evening News? Never. Did Andy Williams ever pause in the middle of “Moon River” to deliver his analysis of a Presidential campaign? Absolutely not.

Myers has a right to his opinion, as sophomoric and echo chamber-nourished as it may be (he was pimping for “common sense gun laws,” which is what people say when they have no idea what laws will stop the criminal use of guns, but want us to “do something”), but it is arrogant and presumptuous to perform a bait and switch on his audience, which doesn’t come to his show for public policy wisdom. If they do, he has an ethical obligation to make it clear that they shouldn’t. As far as I can tell, Myers knows zilch about law, guns, government, or the Constitution, yet he presumes to use a vehicle awarded to him only because of an alleged gift for topical humor (personally, I don’t see it) for political advocacy.

Be funny, get educated, run for office, or shut up, Seth. And incidentally, there are not mass shootings “three or four times a week” and never have been. In a single atypical week, there were two mass shootings, and no Constitutional gun laws are likely to have stopped either of them.

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Wow, Bias Really DOES Make You Stupid!

The New York Times, like many shameless purveyors of left-leaning propaganda, has responded to the copious metaphorical blood drawn by the conservative (and funny) satire site The Babylon Bee by accusing it of being a “misinformation site.”

Morons.

Snopes, the dishonest “factchecking” site, has fallen into this pit of despond more than once, but then their idiocy is a matter of record (that places like Facebook choose to ignore for some reason). The Times’ political coverage has been sliding from slanted to dishonest to disgraceful, but I assumed—because I am a sap—that the paper was still above this.

No, it isn’t.

In a recent Times article, article, the Bee was referred to as an example of a “far-right misinformation site” that “sometimes trafficked in misinformation under the guise of satire.” This is approximately as valid as accusing the late Mad Magazine of being a misinformation vehicle. Fortunately, the people who run the Bee are not weenies. They responded,

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Ethics Quote Of The Week: Prof. Jonathan Turley

“Not only could Chauvin be acquitted or left with a hung jury, but the impact could be the collapse of all four cases. That will be up to the jury. But if there is violence after the verdict, it will be far worse if the public is not aware up front of the serious challenges in proving this case.’

—Prof. Jonathan Turley in a column for The Hill, explaining that a conviction for Derek Chauvin in the George Floyd murder trial in Minneapolis is far from certain despite the news media refusing to inform the public of that fact.

As is too often the case, Turley professorially states a critical fact without appropriate indignation regarding its implications. Not only has the news media, in Turley’s words, “failed to shoulder their own burden to discuss the countervailing evidence in the case, ” it has done so because “there is a palpable fear that even mentioning countervailing defense arguments will trigger claims of racism or insensitivity to police abuse.” What are these, children? Journalists are supposed to be professionals. Yet Turley says—correctly, unfortunately—they they are deliberately misleading the public, and making a violent reaction to the eventual verdict in Chauvin’s trial more likely by feeding a false narrative rather than conveying essential facts.

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Morning Ethics Warm-Up, 3/23/2021: Shots

This morning served as a perfect example of how the news is now automatically politicized and prioritized for partisan ends. On CNN, a panel was discussing the mass shooting in Boulder. Colorado, and instantly transforming the segment into gun-control mass rant. On Fox, the crisis of the day was the chaos at the border, where the virtual open-borders policies everyone—including those planning to be illegal immigrants—knew would come in along with the Biden administration is having the predictable effects. That segment was a diatribe against the wink-wink, nudge-nudge Democratic enabling of uncontrolled immigration.

CNN wins in the closely contested dubious ethics category by having “contributor” Andrew McCabe on the panel. McCabe epitomized the FBI’s corrupt and partisan efforts to injure the Trump Administration from within; he leaked information to the media and lied about it; he was fired, and deserved to be. McCabe’s high-profile anti-Trump conduct was sufficient to get him a gig on CNN, where being part of “the resistance” is all one needs to endear oneself to the Trump Deranged.

McCabe should have lost his law license, as any attorney who leaks confidential information should, and personally, I wouldn’t trust him to walk my dog.

1. You want to be paid $15 an hour for doing a job this poorly? This morning, having been forced to get up and move my car at 7 am, I decided to drive to the local McDoanld’s for my favorite guilty morning pleasure, a sausage biscuit and some hash browns. For once I could understand the heavily accented woman on the intercom, and I made a clear and distinct order. But given false security by this unusual development, for the first time in a long while I didn’t check the bag—this McDonald’s bats about .500 in getting orders right—and sure enough, when I arrived home, I found an Egg McMuffin instead of a sausage biscuit. I hate Egg McMuffins.

This isn’t brain surgery. I know it’s a crummy job, but it is what they are being paid for. Don’t tell me someone who is that inattentive deserves “a living wage.” Pay them for not working, if you foolishly want to treat them as charity cases; at least then they aren’t getting rewarded for doing a job badly.

2. Why can’t McDonald’s work this efficiently? My experience getting my first Wuhan virus vaccination (in Alexandria, Virginia) was excellent. The elaborate process, staged at a middle school about five minutes from my home, was well-planned, cheerful, and quick, even on a Saturday with long lines. I must have personally thanked ten volunteers.

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