Business & Commercial

Morning Ethics Warm-Up, 3/3/2019: “Thing’s Are Seldom What They Seem…”

/ Jack Marshall / 21 Comments

Good afternoon!

1. Today’s source of maximum irritation. Remember those California wildfires at the end of last year that the news media kept reporting as proof of climate change and that prompted Democrats and talking heads to sneer in disdain at anyone, especially President Trump, who suggested that electrical equipment just might have been the cause? From NPR:

Pacific Gas and Electric says it’s “probable” that its equipment caused the Camp Fire in Northern California, the deadliest and most destructive in the state’s history.

California has not finished its investigation into PG&E’s culpability in last November’s fire that killed at least 85 people, destroyed about 14,000 structures, displacing tens of thousands of people and destroying the town of Paradise. However, the state’s largest utility, which filed for bankruptcy last month, said Thursday it expects the investigation will find that its damaged infrastructure sparked the fire.

Please let Ethics Alarms know how many of the news shows this morning mention this development.

2. Spring Training ethics note: Good news! Ethics Alarms has been campaigning for robo-umps at home plate to call balls and strikes for several years. Now MLB announces that it has finalized a three-year deal with the independent Atlantic League to have the league test rules innovations and equipment for the Show. This will include computer calling of pitches. Not so good news: it will also reportedly include moving the mound back, which is heresy.

3. Concern for Popehat’s Ken White.  There is not a smarter, more passionate, better blogger on the planet than lawyer Ken White, and while we have had our disagreements, his commentary on law and justice especially is a blessing for all Americans, even though most don’t have the sense to benefit from it. One of many reasons I admire Ken is that he has been candid about his battle with depression, a killer illness that too many people don’t understand. That malady runs in my family (or as Mortimer Brewster says in “Arsenic and Old Lace,” “Runs? It practically gallups!”), and has been responsible for more than one suicide. Popehat once was a collective, but now it’s almost entirely Ken, with occasional drop-ins from the acerbic Mark Randazza. The blog’s last entry was January 4, almost two months. I’m worried, as are most of Ken’s fans I’m sure, and I am officially sending Ethics Alarms best wishes and love to one of the really good people in multiple roles: lawyer, blogger, public educator. Get back as soon as you can, Ken. We need you. Continue reading →

Saturday Ethics Warm-Up, 3/2/2019: Road Trip Epiphanies…And The Washington Post’s “Note” On The Covington Fiasco

/ Jack Marshall / 46 Comments

Hi, everybody! It’s good to be back home!

I was torn whether to mention in this morning’s post that I would be Northern Virginia-bound from the Pittsburgh, Pennsylvania area (Washington County) for most of the day. Who knows what banned and lurking commenters would seize on that intelligence to raid the forum here while I was unable to moderate, as occurred yesterday?

1. I wonder if most lawyers have the same reaction… The Pennsylvania lawyers I spoke to all seemed to share the same impression of the Michael Cohen testimony that I had. Why would anyone believe someone like that? What is the point of Congressional testimony by a convicted liar and disbarred attorney? No one disagreed that Cohen couldn’t be a witness in any proceeding, not would his testimony be admissible. How could anyone see this as anything but a transparent and  base effort by Democrats in Congress to try to smear the President with ad hominem slurs and unprovable allegations by someone obviously trying to somehow improve his own, self-made, miserable position? The lawyers are also concerned Congress is weakening the crucial attorney client privilege by encouraging a witness to breach it.

2. Ethics Corrupter: Nancy Pelosi. How dare the speaker of the House insult the President before the public by saying, “Do the country a favor, don’t run in 2020?” The democratic Congress continues to lead the effort to strip the President and his office of all the respect and basic deference they both must have for the government to function. Her snide condescension is unprofessional and nauseating….as well as bizarre, coming after the Trump-led economy just had its best month of growth in a decades—just as he promised it would. Given the state of her own party right now, a plea of “Do Democrats a favor, don’t run in 2020” would be more logical.

3. Engineering ethics. My GM rental car was keyless. It’s cool and all, but why? Congress is trying to pass new safety regulations because keyless cars are killing people. Drivers leave them running without realizing it, and sometimes poison themselves or other with carbon monoxide. They also may be easier to steal.

What, exactly, is the problem that keyless ignition was needed to solve? The “improvement” adds to the cost of cars, and appears to be a classic example of fixing something that ain’t broke, just Americans like gadgets. I have attacked the “if it saves one life” idiocy of the anti-gun lobby, but that’s because guns have very valid uses. If a completely gratuitous change in engineering and technology kills anyone without conferring some counter-balancing advantage, then that change is irresponsible and reckless.

4. Not good enough—not even close. The Washington Post, which is being sued by lawyers for 16-year-old Nicholas Sandmann for its role in focusing partisan hate on a student who had in fact done nothing wrong, issued an “Editor’s Note” on the episode late yesterday. Here it is in its entirety: Continue reading →

Amazing Tales Of “The King’s Pass”: The Johnny Manziel Saga

/ Jack Marshall / 32 Comments

To refresh your memory, from the Ethics Alarms Rationalizations list:Ethics Alarms Rationalizations list:

11. The King’s Pass, The Star Syndrome, or “What Will We Do Without Him?”

One will often hear unethical behavior excused because the person involved is so important, so accomplished, and has done such great things for so many people that we should look the other way, just this once. This is a terribly dangerous mindset, because celebrities and powerful public figures come to depend on it. Their achievements, in their own minds and those of their supporters and fans, have earned them a more lenient ethical standard. This pass for bad behavior is as insidious as it is pervasive, and should be recognized and rejected whenever it raises its slimy head.  In fact, the more respectable and accomplished an individual is, the more damage he or she can do through unethical conduct, because such individuals engender great trust. Thus the corrupting influence on the individual of The King’s Pass leads to the corruption of others.

There was good news on the King’s Pass front, when reports emerged that the Philadelphia Philllies decided to spend their “crazy money” on free agent outfielder Bryce Harper rather than free agent infielder Manny Machado because of Machado’s unsportsmanlike conduct during the recent post-season and his excusing his loafing to first  in a game by saying that he “wasn’t Johnny Hustle.” Since Harper’s ridiculous contract from Philly ended up being 30 million dollars more than Machado’s ridiculous contract with the San Diego Padres,  one could conclude that Machado ‘s conduct, which would get a lesser player benched, demoted, traded for a bag of peanuts or released, at least cost the jerk 30 million dollars.

Good.

But with the King’s Pass, such episodes are rare. Yesterday we learned that alleged football star quarterback—his nickname is “Johnny Football”—Johnny Manzeil was released from the Canadian Football League. The CFL wouldn’t give details, saying only he had “contravened the agreement which made him ineligible to play in the league,” but since it was known that the agreement included weekly therapy appointments, mandatory doctor visits and monthly Lithium tests, it doesn’t take a genius to figure out what happened: Johnny happened. Here’s a summary of Manziel’s “controversies” from Wikipedia:

June 2012 arrest

On June 29, 2012—before he was chosen as Texas A&M’s starting quarterback and before his first college game—Manziel was arrested and charged with three misdemeanors—disorderly conduct, failure to produce identification, and possession of a fictitious driver’s license. These charges stemmed from a late-night fight…In July 2013, he pleaded guilty to failure to produce identification, and the other two charges were dismissed.

…After the incident, Manziel eventually regained the favor of his team and head coach…and was named the starting quarterback… When reporters asked about the incident during his first press conference on November 27, Manziel stated that he had learned from the mistake and “had to make a lot of changes in [his] life.”[146][147]

2013 offseason

During the 2013 offseason at Texas A&M, Manziel drew significant media attention over his behavior off the field. Notable incidents include his early departure from the Manning Passing Academy after allegedly oversleeping, tweeting that he “can’t wait to leave College Station” after receiving a parking ticket, and getting kicked out of a fraternity party…ESPN reported that the NCAA was investigating whether Manziel accepted payments for autographs that he had signed in January 2013. The NCAA did not find any evidence that Manziel accepted money for the autographs, but reached an agreement with Texas A&M to suspend him for the first half of the season opener against Rice University, due to an “inadvertent violation” of NCAA rules.

2015 offseason

On February 4, Manziel entered a treatment program for unspecified reasons. On May 30, Manziel was involved in an incident with a heckler at a   golf tournament. The heckler had been continually asking for an autograph, to the point that Manziel became fed up and threw a water bottle at the man. The water bottle missed the heckler. Security and police were called, but no charges were filed.

2015 season

Manziel was pulled over by a policeman after fighting in his car with his then girlfriend, Colleen Crowley. Although no charges were made, Manziel admitted to having had some alcoholic drinks earlier that afternoon…On November 24, a week after Manziel was announced as the NFL C;eveland Browns’ starter for the remainder of the season, head coach Mike Pettine demoted Manziel to third string after a video of him partying surfaced on the Internet….It was later revealed Manziel reportedly lied about the video… Manziel was seen at a Las Vegas casino the night before the Browns played their final game of the 2015 season. Manziel was scratched from the final game because of a concussion. …The next day, Manziel failed to report to the Browns on Sunday morning when he was supposed to report to the team medic, which all players with concussions are supposed to do.

2016

On January 6, 2016, Manziel’s marketing agency, LRMR, announced that it would no longer work with Manziel. Manziel’s agent, Erik Burkhardt, also announced that he would no longer represent Manziel. On February 5, 2016, the Dallas Police Department announced that they were opening a criminal investigation with a claim of domestic violence involving his ex-girlfriend, Colleen Crowley. Dallas police had originally closed the case, but re-opened it with allegations stemming from an altercation on January 30, 2016, at a downtown Dallas hotel. According to Crowley, Manziel forced her into a car, pulled her by the hair, and threatened to kill both her and himself. On April 24, Manziel was indicted by a Dallas grand jury on misdemeanor assault charges for the incident.

On April 19, 2016, after just two months of representing him, agent Drew Rosenhaus terminated Manziel as a client, marking the first time in Rosenhaus’ 27-year career he fired an NFL player.On the same day, Nike ended its sponsorship with Manziel.[166]

On June 24, 2016, Manziel’s attorney, Bob Hinton, accidentally sent a lengthy text message to the AP relating to Manziel’s defense in his domestic violence case. In the message, Hinton expressed concerns about Manziel’s ability to stay clean, saying that he was given a receipt that suggests Manziel spent around $1,000 at The Gas Pipe, a drug paraphernalia store. On the same day, Manziel’s father, Paul, told ESPN: “He’s a druggie. It’s not a secret that he’s a druggie. Hopefully, he doesn’t die before he comes to his senses. I mean, I hate to say it, but I hope he goes to jail. I mean, that would be the best place for him. I’m doing my job, and I’m going to move on. If I have to bury him, I’ll bury him.”

On June 30, 2016, he was suspended for the first four games of the 2016 season for violating the NFL’s substance abuse policy. On December 2, 2016, Manziel and prosecutors finalized a plea agreement in which Manziel agreed to undergo counseling and have his conduct monitored by prosecutors for up to a year or face prosecution.

Apparently Wikipedia got tired of updating Johnny’s page. Now kicked out of the NFL and the CFL, a new pro league is thinking about signing Johnny Football, and here is how USA Today reported it, in part: here is how USA Today reported it, in part:

It’s no surprise Johnny Manziel’s sudden availability was cause for great celebration around the AAF (Alliance of American Football). Johnny Football would be the ultimate addition for the upstart league….Before anybody whips out a contract and a pen, however, be warned: You don’t know who you’re getting. Will it be Johnny Manziel, who last summer spoke earnestly of prioritizing his mental health and the costly lessons he’d learned from when he didn’t? Or will it be Johnny Football, whose boozed-up escapades and immaturity sent him crashing out of the NFL two years after he was a first-round pick?

Gee, I think it will be Johnny Manziel, certified asshole, who has been behaving the same way since college, but teams keep signing him and giving him money, sending the rest of the team, football, kids and the world that if you have talent, you can get away with almost anything, or at least get an endless number of “second chances.”

The other news? Manziel’s wife was accused of cheating in a half-marathon, and lying about her time.

Come on, AAF, sign him up! What are you waiting for?

Morning Ethics Warm-Up, 3/1/2019: Mania In Pennsylvania

/ Jack Marshall / 10 Comments

Hello from Cannonsburg, PA.

Mr. Adams, but Mr. Adams
The things I write are only light extemporania
I won’t put politics on paper, it’s a mania
So I refuse to use the pen in Pennsylvania

—-Ben Franklin, in “Mr. Adams,” 1776

(But Ben didn’t have a computer…)

1. Like watching a zombie outbreak. Predictable, embarrassing, scary, disgusting, and hilarious. The comments on my Facebook feed by Trump Deranged friends and friends of friends really does begin to make me wonder if protected Trump Hate is mental illness. Multiple people were willing to go on record as saying that they believed Michael Cohen, and—get this—that they found him to be a sympathetic character! Now it’s true that these same people believed Jussie Smollett, Nathan Phillips, Bill Clinton and Christine Blasey-Ford based on nothing more than ideological bias and anti-Trump animus, but even these four are paragons of honesty and trustworthiness compared to Cohen. It is also amazing that these Coehn fans are so confident of the Facebook echo chamber that they don’t hesitate to write something so mind-numbingly stupid.

2. Petty perjury. The Republicans who are trying to prompt an investigation of Cohen for alleged perjury before Congress are abusing process, and worse, they are  imitating the bitter Democrats who argued that Bret Kavanaugh committed perjury by giving his recollection of an innocent definition of “boofing.” Among Cohen’s alleged “lies” is that he said he never wanted to work at the White House in the hearing, but said elsewhere that he did want to work there. The man is inately unbelievable (but sympathetic!) He’s a criminal. He has violated too many legal ethics rules to count. He betrayed his client’s confidences. He has lied under oath. He’s been disbarred. It is literally impossible to have less credibility than Michael Cohen. There is no point in proving petty perjury, except to be vindictive.

3. Testing the tolerance, determination and gag reflex of those who believe in innocence until proven guilty. Michael Jackson’s family is out in force to condemn “Finding Neverland,”is out in force to condemn “Finding Neverland,” a documentary debuting on HBO this weekend.  It purports to chronicle the King of Pop’s alleged serial child abusing, featuring two former kiddy pals who slept in Michael’s bed, all in good fun, according to the Jacksons. No jury ever found Michael guilty, though one has to wonder if the result would have been the same if he looked and sounded like Vin Rhames. On the other hand, Jackson was so, so strange that virtually anything is believable, including the theory that he really was just a big, famous, harmless, case of arrested childhood whose motives were pure as the driven snow. The Jacksons say his now grown playmates are just seeking money and book deals. That’s certainly plausible. What isn’t plausible is that the Jacksons say they never thought Michael’s obsession with young children was suspicious or troubling, and that they see no reason why anyone would have expected them to advise their brother not to act like a pedophile, whether he was one or not.

4. Selma Blair. Selma Blair never became a big star; I remember her best in “Hellboy.” She was talented, though, and now we know she’s gutsy, appearing on the Oscars red carpet using a cane. Blair has multiple sclerosis, which has disabled a career already shot by another crippling malady for movie ingenues–getting older. Blair announced her illness on Instagram, saying, “I am disabled. I fall sometimes. I drop things. My memory is foggy. And my left side is asking for directions from a broken gps. But we are doing it. And I laugh and I don’t know exactly what I will do precisely but I will do my best.” Now she is defying typical Hollywood vanity to appear in public, giving invaluable support to the million-plus Americans who suffer from MS. Wrote Ed Tobias on the MS support website, MS News TodayMS News Today:

“If a photo is worth a thousand words, then the video of Blair and her cane, as she slowly made her way along the red carpet at the Oscars, is worth a million. It shows pain and persistence. Caution and class. It shows what many of us have to handle each day. And Selma Blair showed an audience of millions how to do it. Bravo!”

Agreed.

5.  Now let’s see how many acting jobs David Boreanaz and Emily Deschanel get after this. An arbitrator awarded $179 million,awarded $179 million, much of it in punitive damages, to the two and one of their partners in the long-running hit TV show “Bones,” holding that Fox executives lied, cheated and committed fraud at the expense of the show’s stars and executive producer Barry Josephson. That creative Hollywood accounting robs stars is the third worst-kept and longest running secret in show business, #1 being that directors and producers use their power and star-makimg ability to force actresses to have sex with them, and #2 being that an awful lot of actresses take advantage of that illicit entree. James Garner was one of the few big stars to challenge the swindle in court, and he did so more than once. He won, too, but he also paid a price in lost roles. Most stars just put up with the cheating and take their paychecks, which are pretty big anyway.

Maybe Boreanaz, a latter day Garner who may have sensed that he has maxed  out his career as he enters his fifties (surely you remember him as Angel, Buffy the Vampire Killer’s tragic true, un-dead love?) and Deschanel, who has always been oveer-shadowed her younger, cuter, funnier sister Zooey, may have decided that there was no downside in fighting for their fair share. Or maybe—just maybe—they are making a courageous stand for their profession. Either way, it is good ethics news any time the Hollywood moguls get foiled in this game.

A Visit To “The Ethicist”

/ Jack Marshall / 22 Comments

I haven’t opined on posts by the current holder of The New York Times Magazine “The Ethicist” title as often as I used to, in part because Kwame Anthony Appiah, unlike his predecessors, is a real ethicist, and usually answers the questions to his ethics advice column competently. The February 18 column was especially interesting, however, because Appiah seemed to be ducking some issues. I don’t blame him; two of the three questions he received have no clearly right ethical answer.

The one out of the three that was relatively easy was the anonymous inquirer who discovered that his company was willfully violating labor wage laws and under-reporting wages for workers’ compensation purposes. “Should I report this company to the authorities?” The Ethicist was asked. My answer? YES. 1) Get a lawyer. 2) Document what you know and how you found out about it. 3) Quit. 4) Blow the whistle. “I hope you proceed. Obligations of confidentiality to your employer don’t include the duty to conceal fraud,” was Appiah’s conclusion.

The other two questions are more problematical, especially the first: A correspondent asks what she should do with relatives in desperate financial straits who are begging for her money to bail them out. “I love my family, and it is extremely painful to see them suffer, but at the same time it is difficult for me to fund their lifestyles when they seem like a bottomless pit. I feel guilty and uncomfortable, but also angry and annoyed. Yet how can I watch my sister be thrown out of her house and potentially end up homeless if I have the resources to help her?”

The Ethicist ducks. First he says that the woman should try to train her relatives in financial management, even to the extent of actively managing their budgets. Right: THAT’s going to work. His conclusion: “So the most important thing you and your brother can do is to be clear with her about what you are and are not willing to do if her grasshopper behavior brings her into financial difficulties. And that means first being clear about this matter yourself. Bear in mind that you owe more to family members than you do to strangers, but you don’t owe it to them to abandon all your hard-earned plans in order to pay for their mistakes.”

But that wasn’t the question. Of course family members can’t demand that you fix their financial mistakes. It isn’t a matter of “owing” them, either. The Ethicist also cheats by resorting to a straw man: she didn’t ask if she should “abandon all her hard-earned plans.” She asked how she could sit back and watch them suffer when she had the resources to alleviate some of that suffering. Continue reading →

Once Again, Baseball Agent Conflicts Are Hurting Players Who Don’t Understand Why

/ Jack Marshall / 36 Comments

Baseball writers are the tools of baseball player agents, useful idiots who write on and on about the underpaid millionaire players and the unfair owners, who won’t pay them what they “deserve.” They scrupulously avoid educating readers about the unethical player agents who manipulate the system and the players for their own benefit, not their clients.  I have written about the unregulated and largely ethics-free baseball agents before, but their conduct this off-season is unusually revolting.

At the top of the list, as usual, is mega-agent Scott Boras, who cleverly treads the line between being an agent and a lawyer—he is both—while having too many stars under his thumb for the sports organizations or bar associations to hold him to account. For example, as a lawyer, Boras would be absolutely bound to tell his clients about a settlement offer, and would be subject to disbarment if he rejected an offer without communicating it to his client (you know, like you regularly see lawyers doing on TV and in the movies). However, there are no player agent rules that require an agent to communicate a team’s salary offer to a player. Agents can, and presumably do, reject offers without their clients ever hearing about them. This, of course, avoids the problem of a baseball star saying, “Oh, hell, that’s more money than I could ever spend anyway. I know it’s less than we talked about, but go ahead and take it.”

Agents have conflicts of interest so grand, and apparently so little understood, that meaningful consent from the client, theoretically the remedy, is virtually impossible. Let’s look at Bryce Harper, Boras’s client who is seeking more than $300 million dollars over a ten year guaranteed contract. Harper is 26 years old and has already made 49 million dollars, not counting endorsements. The functional utility of each dollar he earns is less than the one earned before in his situation. Realistically, there is very little difference between a $250,000,000 contract and a $300,000,000 contract to Harper, except from an ego perspective. The extra 50,000,000 won’t make any difference to him. Boras, however, is a different matter. Let’s say his cut of Harper’s salary is 5%.  He’ll get 15,000,000 if Harper signs for the high figure, but “only” 12,500,000 if Harper agrees to the lower figure. $2.5 million means nothing to Harper: he could throw it down the toilet, and wouldn’t feel a thing. The difference to Boras, however, is much greater in practical, and add to that the marketing advantage of being able to tell potential clients that he set the new all-time record for a free agent contract for his client. Continue reading →

Morning Ethics Warm-Up, 2/20/2019: MAGA Cap Day Edition

/ Jack Marshall / 32 Comments

Good Morning!

No, I’m not going to wear a MAGA cap today, though I am sorely tempted. The Second Niggardly Principle inveighs against it: just because some people are offended by something based on ignorance or bias doesn’t mean its right to intentionally trigger them, much as they may deserve it.

“Make America Great Again” had, and has, many legitimate and defensible interpretations, and it could have been adopted by either party at many times in our history. Democrats put a racist spin on Trump’s slogan in 2016 because that was how they had responded to all criticism of the Barack Obama Presidency for 8 years, and the tactic was effective, if divisive and despicable. The current tactic is to attcahe racism to any supporter of the President who wears the hat, thorough narrative-supporting fake news like the “racist smile” of a Catholic teen at the Lincoln Memorial and the recent Jussie Smullett hoax, which led the news media to accept the fantasy that MAGA hat wearing thugs were roaming Chicago looking for minorities to assault.

The idea that electing someone with the personality, qualifications and character of Donald Trump could possibly make America greater seemed ridiculous to me during the campaign, and still does. That still does not mean that Barack Obama and his administration did not make the nation significantly worse: weaker, less financially stable, more divided, and less committed to democracy, individual initiative, free enterprise, the rule of law, and civil rights. Under President Trump, despite himself, many of those trends have begun to reverse themselves. Good. I would not say that this has made America greater, not with an ongoing effort on the Left to overthrow Trump’s Presidency without the inconvenience of an election, and not with racial, ethnic and gender divisions being deliberately widened by Democrats for perceived political gain.

I also wouldn’t wear a MAGA cap because the “again” rankles me, and always has. The United States is great, which does not mean it is perfect, or that it should not constantly strive to meet the dauntingly high ideals of the Declaration of Independence, the Bill of Rights and the Gettysburg Address. Ironically, it is those who seek to demonize the slogan who really don’t think America is great, and who want to deconstruct it. They have to be fought, and rebutted, and exposed. Wearing a cap, however, is not the way to do it.

1. Unfortunately, these MAGA cap hate stories aren’t fake. An employee at Van’s, a clothing store in Kansas demanded that a teenage boy take off his MAGA hat, and when the boy refused—good for him— didn’t, the employee said “Fuck you!” according to the boy’s mother, who witnessed the exchange.

“He did nothing to you,” the mother says she told the employee. “What did you say to my son, to my 14-year-old?”

“I’m sure he’s heard it before,” the employee responded. You know: “everybody does it.” And besides, Democrats say its the right thing to do.

She complained, and Van’s fired the jerk.

The episode in Tennessee was scarier: A  man was arrested over the weekend after pulling a gun on a Sam’s Club customer who was wearing a MAGA cap, WBKO 13 News reported.  Eventually the media and Democratic narrative about what the hat means—it’s like KKK hood, you know— is going to get someone killed. Continue reading →

Saturday Ethics Warm-Up, 2/16/2019: The King’s Pass And Kool-Aid

/ Jack Marshall / 22 Comments

Good morning…

1. A literal “King’s Pass”! The King’s Pass, #11 on the Ethic Alarms rationalization list, was acted out with perfection in Great Britain, where Prince Philip, despite causing an automobile accident that injured another driver, was not charged or ticketed by authorities. The nonagenarian royal has been persuaded to surrender his driving license, however.

2. Politics do not belong in the sports pages...but don’t tell the New York Times. In another King’s Pass-related story,“Patriarch’s Racist Emails Stagger Cubs Owners” (the print version), in which the Times subtly lobbies for the Chicago Cubs and Major League Baseball to take punitive action against Joe Ricketts, the billionaire whose family owns the team, we had the following statements…

  • “The false assertion that Obama, who identifies as Protestant, was Muslim and born outside the United States were prevalent in right-wing politics during his presidency.” This is just false. The birthers were a radical fringe of the conservative opposition to Obama, and that weak conspiracy theory was never “prevalent.” Nor can the birther claims be fairly called “racist,” though certainly many of their adherents were racist. Among the “racist” sentiments attributed to Ricketts in the article were “we cannot ever let Islam become a large part of our society.”  At worst that’s religious bigotry, not racism. At best it’s a defensible point of view.

In fact, I tend to agree with it, and the experience of Western Europe supports the position.

  • The article approvingly cites the mandatory grovel by Tom Ricketts, chairman of the Cubs, who denounced his father’s emails in a statement, saying, “We are aware of the racially insensitive emails in my father’s account that were published by an online media outlet. Let me be clear: The language and views expressed in those emails have no place in our society.”

Let me be clear: any language and all views have a place in a society founded on the principles of freedom of thought and expression. The casual and routine endorsement of thought-crime and censorship by the mainstream news media (and academia) is far more alarming than any private emails by an elderly billionaire. Continue reading →

Ethics Observations On The Amazon-NYC Blow-Up

/ Jack Marshall / 52 Comments

Amazon shocked the Big Apple yesterday by announcing that it was cancelling plans for a corporate “campus,” aka.headquarters, in Queens. Gov. Andrew Cuomo and Mayor Bill de Blasio had promoted the deal, which would have given Amazon $3 billion in tax breaks in exchange for bringing Big Tech to the city and creating an estimated 25,000 jobs, among other benefits.  Anti-corporate and neighborhood activists, however, including elected officials like Representative Alexandria Ocasio-Cortez, led opposition to the arrangement, based substantially on the objection to “corporate welfare” to one of the richest companies on Earth. Now Democrats are pointing fingers at each other, and everyone’s mad at Amazon.

At its core, this fiasco is an ethics conflict, with the absolutist ideals of rigid ideology opposing the ethics of the real world.

Amazon: The company is both popular and flush. It can literally take its business anywhere, and many communities will pay for the privilege. The company did nothing unethical in seeking the most advantageous deal it could get. Large employers help a community’s economy. Because they have many choices, it makes sense for them to shop around. It is not unethical to ask for a tax break to choose a city like New York, and it is not even unethical to demand such a break. It is certainly not unethical to accept one, and similarly, not unethical to reject such a deal because, as an Amazon spokesperson said yesterday, “Looking at the opposition and the timeline we decided we don’t want to work in this environment in the long term.” Amazon “became increasingly concerned that the backlash in New York showed no sign of abating and was tarnishing its image beyond the city,” J. David Goodman wrote in the New York Times.

It’s their money, their business, their decision. Amazon is not a public charity, nor is it obligated to behave like one. Continue reading →

Lunch Time Ethics Appetizer, 2/13/2019: Rail, Restaurants, Resignation And Reality

/ Jack Marshall / 25 Comments

Yum Yum!

1. When reality meets ideology… California Gov. Gavin Newsom  announced that

[He’s] abandoning a $77 billion plan to build a high-speed rail line between Los Angeles and San Francisco and will focus instead on completing a 119-mile (190-kilometer) segment in the state’s agricultural heartland. Voters approved a ballot measure in 2008 calling for the linking of Northern and Southern California, a rail project initially estimated to cost $33 billion and be completed in 2020. Subsequent estimates more than doubled the cost and pushed the timeline to 2033. Newsom pledged to finish the segment already under construction through California’s Central Valley. He rejected the idea critics have raised that it will be a “train to nowhere” and said it can help revitalize the economically depressed region.

We’ll see how much that part costs, if it’s ever completed. Meanwhile, Democrats are going to have to declare their fealty to the “Green New Deal,” which pledges to eliminate air travel nation-wide with “high speed rail.”

2. What part of “convenient double standards” is unclear to you? Kelli Goff writes at the Daily Beast (relayed by Ann Althouse, since I have the DB on my Ethics Alarms  Untrustworthy Black List):

“When Rachel Dolezal was unmasked as a white woman who misrepresented her racial and ethnic identity in part to bolster her professional bona fides as a voice of the disenfranchised, she was penalized—heavily. She went from rising media star to late-night punchline, unemployable and impoverished. I don’t wish poverty on Warren, but I don’t understand how her only punishment for a similar fraud seems to be that she may become president.”

Warren, a polished demagogue, got rave reviews for her recent speech throwing her war-bonnet  into the 2020 ring; like Barack Obama, skillful public speaking is the full extent of her qualifications for leadership. But wow—with the Democrats more or less trapped into nominating another woman to run against Donald Trump, what an awful field of openly unethical females they have assembled so far! Warren’s a fraud; Gillibrand is an anti-male bigot; Gabbard is running away from strong anti-gay positions, Harris has attacked the Catholic faith as a disqualifying feature for a judge, and then there’s Hillary, who looks outstanding in this field. Continue reading →