Morning Ethics Warm-Up, 6/19/2018: Double Standards And Greed

Time for a Good Morning song!

1. Life on Facebook. A lawyer friend who should know better posted a comment that began, “You wouldn’t think that posting something like ‘Taking children away from their parents and sticking them in cages is wrong’ would be controversial, but in almost every case where one of my friends has said something like this, at least one of his/her friends feels the need to argue about it…” Later he compared the statement “Taking children away from their parents and sticking them in cages is wrong” to “Torturing kittens is wrong.” I told him that as a lawyer, he should be objecting to and explaining the transparent deceit of “Taking children away from their parents and sticking them in cages is wrong”—a half-truth designed to stifle argument, not attacking those who are correctly pointing out the emotionalism and dishonesty of that tactic.

I should count up the number of lawyers whose comments on Facebook on this issue are pure “Think of the children!” with no substantive legal and policy analysis whatsoever. My friend also made the typical suggestion that only Trump voters—you know: morons—would argue with “Taking children away from their parents and sticking them in cages is wrong” as a fair and conclusive verdict on the current policy.

2. Theranos.  Elizabeth Holmes, founder and CEO of Theranos, as well as Ramesh Balwani, the company’s former president ( and Holme’s love interest, were indicted yesterday on charges of conspiracy and wire fraud. The Theranos debacle is a classic corporate fraud story on par with Enron, if not as wide-reaching.

I missed it. This is embarrassing for an ethics blog, and for someone who thinks he scours various news sources thoroughly enough to catch the major ethics stories. I blame Donald Trump, but I also blame the various news sources in 2015 that chose to report fake news, trivial news, future news and theoretical news rather than give a major corporate scandal the attention it deserved. If I missed the story, and I’m looking for it, what chance do normal people with sensible occupations have?

The civil fraud charges in the case were filed in March by the Securities and Exchange Commission, though the scandal had broken earlier, when the Wall Street Journal published its 2015 exposé.  Holmes and Balwani allegedly raised millions of dollars using false statements about how well the company’s  blood-testing device worked, while using  a contract with the Department of Defense and a partnership between Theranos and the pharmacy chain Walgreens to con pharmacies, doctors and the public. The apparent scam created a Business of Cards that, at its peak, had more than 800 employees and a paper valuation of $9 billion.

There is a book out about the Theranos scandal by the reporter who broke the story… Continue reading

From Ethics Alarms “The Truth Hurts” Files: Target’s Fathers Day Card

Target came under fire for putting out the Father’s Day card above, and apologized, especially for having only a black couple version.

Interesting: what exactly is wrong about the card? It depicts the state of black fatherhood as it is: about 72% of black births are to unmarried couples, while about 32% is the white figure. Is the perceived problem that the card shames African Americans, or that it appears to give couples having children without bothering with marriage a societal pass by celebrating their lack of responsibility? Not being married to a child’s mother vastly increases the likelihood of absentee fathers, and being raised by single mothers is statistically linked to many social pathologies that disproportionately plague black communities.

Maybe Target isn’t the one who should be apologizing. One incensed critic wrote on Twitter, “This is an insult to black fathers and a slap in the face to the African-American community as a whole.” No, that would be true if the card’s implication wasn’t true. It is true. Now what? Getting angry at Target is a deflection.

Of course, the likelihood is that Target wasn’t thinking deeply about this at all. It just thought the “baby daddy” card opened up a new Fathers Day market.

Morning Ethics Warm-Up, 6/13/2018: Everybody’s A Critic!

Good morning!

(That almost came out “good monging”…not a propitious sign)

1.  Diversity ethics:  The concept that somehow there are sinister motives and undesirable results any time an occupation settles into a demographic mix that isn’t four-square with that of the general population is one more bit of ideological cant. In London, U.K, the mayor has decreed it a crisis that the population using bicycles is disproportionately white, and has  said he is considering setting diversity targets for London’s cycling population to ensure that “progress was achieved.” I liked Amy Alkon’s disgusted reaction to this whole issue, as she asked how  gender equality would be achieved in fields where women show little interest in participating for a variety of reasons, including a greater interest in a work-life balance. How is this artificial PC “diversity goal” going to be achieved, she asks…” Force women at gunpoint to become cardiologists, oil rig workers, and garbagepersons? Force men at gunpoint to become veterinarians and kindergarten teachers?”

Reader (and volunteer Ethics Alarms proof-reading czar) Pennagain just sent me an article about the relative lack of female movie critics (minority movie critics are also under-represented among Hispanics, blacks and Asians. (I would also bet that they are disproportionately gay, but the study discussed didn’t check that, apparently.) Now unlike, say, female  “garbagepersons,” female movie critics predictably have a point of view that would make a substantive difference in film reviews, so I cannot brush aside this particular imbalance with “So what?” Instead I will ask, “What’s stopping them?” Anyone can be a movie critic now: all you need is a website, some dedication, and, one hopes, some understanding of film and culture. Now, being paid as a film critic is a little trickier.

Here is the Wikipedia entry on the New Yorker’s Pauline Kael, still perhaps the most famous U.S. film critic, whose long-lasting prominence, success and influence (I hated her reviews most of the time–overly political and biased, with whole genres she didn’t understand—“guy movies” like Westerns and horror films, that she sniffed at as beneath her) should have inspired more women to enter the field, but didn’t. I presume there is a reason for that, such as that spending your life watching multiple movies a day including many you wouldn’t be caught dead at if it wasn’t mandatory isn’t an attractive career choice, especially if you want a family.

2. From my sexual harassment files...I just rediscovered this, a sexual harassment case I discussed in program for a construction company in the 90’s. An attractive woman who worked in construction (Diversity!) was walking to work with a co-worker when some boor from an apartment window shouted at her, “Hey, show me your tits!” The women misheard the remark, and shouted back, “Sorry, I don’t have any kids!” Her colleague thought th exchange was hilarious, and told her what the guy really said, He also told everyone on the construction site about the incident, and the woman was pestered from then on with men smirking as they made comments like, “Hey, can I see pictures of your kids?” I hear you have two beautiful kids!” “Why don’t you let your kids out more?”  “Boy, I bet you’re proud of those kids of yours.” The women tried to laugh it off, but the joke never died, even though she started telling everyone to knock it off. Finally, she complained to management, and was told that she was being silly and hyper-sensitive. She sued.

Was using the word “kids”  in a coded joke creating a hostile work environment, or did the court find that since the language itself was inoffensive and not sex-related, it couldn’t be sexual harassment? Continue reading

Morning Ethics Warm-Up, 6/11/18: More On De Niro, A Censored Valedictorian, A Heroic Pit Bull, And A Popeye

Good Morning.

1. Still angry... Here are some prime comments from Ann Althouse’s blog (she posted on DeNiro before 6 AM, beating me to it.) I should have posted last night; it might have let me get some sleep:

  • I think the Democrats have just found their 2020 Presidential Candidate…and his campaign slogan. Speaking as a Republican I am quaking in my boots…

  • Well, no more Robert DeNiro movies or shows for us then. The magic of the screen, the verisimilitude, is shattered. You can no longer look at the actor playing a character and forget that he HATES you in real life. He has no longer any status as Actor since he decided to play on the Political Stage. Why can’t they just STFU? Are you an entertainer [actor/singer] or are you a Politician? Pick one. Choose wisely.

  • I’ve been around people in the arts, including actors, most of my life, and there are two things I’ve found that are true about them: (1) except for their craft and whatever arts they’re involved in, they tend to be fairly uneducated, and woefully ignorant about history and economics; and (2), although they see themselves as free spirits and rebels, they’re usually brainwashed tools of the “liberal” Hive, and fall in lockstep like so many Eloi when the Hive calls. The whole evening, from what I saw, was one big anti-Trump rally. Strangest to me were the Gays who were reacting as if Trump were loading them onto box cars and shipping them off to death camps. And yet as members of the Hive, almost certainly falling into line with the Hive’s goal of a bigger and more powerful State. Bad news, artistes: if you think you can have full freedom of expression where the State is omnipotent, think again. Maybe actually open a history book every once in a while.

  • On my way down to NYC today with my wife. I thought we might try to see a play if I can get some cheap tickets. Last night she was watching the Tonys in our hotel room. I was reading about the history of disease but could not avoid seeing/hearing some of it. I was reminded why THEATRE!!! has no interest at all for me. What a bunch of pretentious dreck. I’ve always liked Robert DeNiro as an actor. But FUCK HIM!!! as a person.

  • In 1936, the New Yorker ran a cartoon about some old rich white people. We know they’re elites because there is a butler hovering in the background. The caption: “Come along. We’re going to the Trans-Lux to hiss Roosevelt.” Our betters didn’t use the f-word so often in those days.

  • I’m calling my shot: Trump wins 40 states. My liberal friends seem resigned to the fact that he will get reelected, that is unless, how did one guy put it, “overwhelming evidence is presented.” They take it for granted that Trump must be guilty of something. He simply has to be. Trump’s ascendance to the presidency is an offense against their worldview. Its rather amusing because Trump isn’t really all that conservative. Hell, Bernie Sanders campaigned on controlling illegal immigration and reworking trade agreements in order to improve job prospects for Americans. I don’t bring that up with my liberal friends though. I just ignore their comments about Trump and change the subject. They probably think I can’t refute them, but I just don’t want to piss them off. 

  • Life imitates “A Fish Called Wanda”:

Archie: You are a vulgarian, aren’t you?
Otto: You’re the vulgarian, you fuck!

Continue reading

Sunday Morning Ethics Warm-Up, 6/10/18: Tony, Bob, Woody, And Charles

Good morning!

1. Tonys Ethics. I’ll be skipping the Tonys again this year, and if I wasn’t already in the habit of doing so, the fact that Robert De Niro was being promoted as a presenter would have done the trick. Inviting De Niro is one more example of show business anti-Trump aggression. The actor has been unrestrained in making ugly, profane, vulgar attacks on the President in inappropriate venues. True, he hasn’t called the President a cock-holster or a cunt  yet, but that’s about the only mitigation.

Here was his public rant  in January at another awards event:

“This fucking idiot is the President. It’s The Emperor’s New Clothes – the guy is a fucking fool. The publication of the Pentagon Papers was a proud moment for American journalism. The Times and the Post challenged the government over critical First Amendment issues. And the press prevailed. Our government today, with the propping-up of our baby-in-chief – the jerkoff-in-chief I call him – has put the press under siege, trying to discredit it through outrageous attacks and lies.’

Here is De Niro just last week at a student writing award ceremony:

“Our country is lead by a president who believes he can make up his own truth. And we have a word for that — bull shit!  So what about the truth? What does the truth even mean today? I mean, if you’re Donald Trump it doesn’t mean anything,”

If you invite Robert De Niro, you are deliberately announcing that your event is going to be politically divisive and include an attack, probably uncivil, on the President—and while he will be engaged in crucial international negotiations. The President has nothing to do with the Tonys, nor does politics—the main contenders for top musicals are “SpongeBob” and “Mean Girls,” for heaven’s sakes—nor does De Niro, who is just one more movie star being used by Broadway to attract a larger TV audience.

2. Tales of  #MeToo. What would you do with John Lasseter? Disney just fired him, thus risking  diminished  brilliance of future Pixar projects, meaning less happiness, less enjoyment, fewer immortal film classics, and, of course, fewer profits. He was jettisoned because—I can’t believe I’m writing this—he has a habit of hugging people, it was unwelcome, and the hugging became alleged sexual harassment because it was unappreciated by some or many female employees.

Lasseter is a Disney-style genius, the creative force behind “Toy Story,” “Cars,”  “Frozen,” “Saving Nemo” and many other wonderful works of art and popular entertainment. He was the chief creative officer of Pixar Animation Studios, which he helped found, and the separate Walt Disney Animation studio.  This appears to be his problem, from the Times story:

“A self-described Peter Pan, Mr. Lasseter has long been known for his jolly public persona and tendency to greet anyone in his proximity — subordinates, stars, fans, reporters — with lengthy bear hugs. In 2011, The Wall Street Journal published a photo slide show of his frequent squeezes, saying he had handed out at least 48 of them in one day at the office.”

On one ethics hand, it certainly seems like a waste to lose a major artist over innocent hugging (if it was innocent, as some accounts maintain)  and the sexual harassment is still officially “alleged.” On the other hand, as someone who hates hugging and always has, I regard Lasseter’s “innocent” habit as something that could easily create a hostile work environment.

It is unconsented touching, pure and simple. If an employee was made to think that the only way he or she could work at Pixar, he or she had to be prepared to be hugged daily, then that’s workplace abuse. No, it’s not as abusive as what Bill Clinton, Matt Lauer, Harvey Weinstein, James Levine, Kevin Spacey or Charlie Rose subjected subordinates to, but that’s  just Rationalization #22 talking: “It’s not the worst thing.” As to the natural inclination, expressed by my wife this morning, to lament, “The man’s a genius and they are willing to lose his talents over hugging?,” there is no getting around it: that’s the King’s Pass.

I do not understand why this was not addressed before it got to this stage, unless Lasseter really has a screw loose. What could be so hard about, “John, stop hugging people at work. A lot of people don’t like it. Do it again, and you’re gone”?

In the end, Lasseter has nobody to blame but himself.

3. Krauthammer’s farewell. As you may have already read, Fox News pundit and longtime conservative columnist Charles Krauthammer penned a graceful and dignified public letter to announce that his death is imminent. He wrote,

I have been uncharacteristically silent these past 10 months. I had thought that silence would soon be coming to an end, but I’m afraid I must tell you now that fate has decided on a different course for me.

In August of last year, I underwent surgery to remove a cancerous tumor in my abdomen. That operation was thought to have been a success, but it caused a cascade of secondary complications — which I have been fighting in hospital ever since. It was a long and hard fight with many setbacks, but I was steadily, if slowly, overcoming each obstacle along the way and gradually making my way back to health.

However, recent tests have revealed that the cancer has returned. There was no sign of it as recently as a month ago, which means it is aggressive and spreading rapidly. My doctors tell me their best estimate is that I have only a few weeks left to live. This is the final verdict. My fight is over.

I wish to thank my doctors and caregivers, whose efforts have been magnificent. My dear friends, who have given me a lifetime of memories and whose support has sustained me through these difficult months. And all of my partners at The Washington Post, Fox News, and Crown Publishing.

Lastly, I thank my colleagues, my readers, and my viewers, who have made my career possible and given consequence to my life’s work. I believe that the pursuit of truth and right ideas through honest debate and rigorous argument is a noble undertaking. I am grateful to have played a small role in the conversations that have helped guide this extraordinary nation’s destiny.

I leave this life with no regrets. It was a wonderful life — full and complete with the great loves and great endeavors that make it worth living. I am sad to leave, but I leave with the knowledge that I lived the life that I intended.

Observations:

  • The final line is as ethical an attitude to aspire to at the end of one’s like as I can imagine. It is also a remarkable thing for Krauthammer to say, as someone who was put in a wheelchair permanently by an accident in his twenties.
  • “I believe that the pursuit of truth and right ideas through honest debate and rigorous argument is a noble undertaking.”  Perfectly stated.
  • The last thing I remember about Krauthammer was his commentary after the first GOP candidates debate in 2015. He was disgusted with Donald Trump, and proclaimed that his candidacy had been exposed as a fraud and “not ready for prime time.”  Trump’s hopes of winning the nomination were dead, he said—and I heartily agreed.

 

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

Comment Of The Day: “Ethics Observations On The Masterpiece Cake Shop Decision”

How refreshing it is, while at least half the pundits and journalists are misrepresenting the Masterpiece Bakery decision to the public, to read an Ethics Alarms comment that both clarifies Justice Kennedy’s majority opinion’s flaws and also highlights an important issue that only the routinely-derided Justice Thomas focused on.

As it happens, I disagree with Thomas that a custom wedding cake for a gay wedding is  necessarily “compelled speech.” What is it saying? If it can’t be reasonably interpreted to express a position that can be fairly attributed to the baker, then it’s the customer’s speech, not the baker’s. I know there are cases where sign-makers and others have been upheld in their refusal to reproduce messages they personally find offensive. We saw a hint of that in the silly “Summa ___ Laude” cake fiasco. My position is that a business that creates a setting for speech by others should have no right to interfere with that message—hateful messages, obscene messages, it shouldn’t matter. It should be no more acceptable for a sign-maker to say “I won’t make that sign” than for a cabbie to say, “I won’t drive to that address,” or a haberdashery to refuse to let you buy a suit that makes you look fat.

Here is Glenn Logan’s excellent Comment of the Day on the post, Ethics Observations On The Masterpiece Cake Shop Decision:

Justice Thomas, in his partial concurrence:

“Ac­cording to the individual respondents, Colorado can com­pel Phillips’ speech to prevent him from “‘denigrat[ing] the dignity’” of same-sex couples, “‘assert[ing] [their] inferiority,’” and subjecting them to “‘humiliation, frustration, and embarrassment.’” Brief for Respondents Craig et al. 39 (quoting J. E. B. v. Alabama ex rel. T. B., 511 U. S. 127, 142 (1994); Heart of Atlanta Motel, Inc. v. United States, 379 U. S. 241, 292 (1964) (Goldberg, J., concurring)). These justifications are completely foreign to our free-speech jurisprudence.

States cannot punish protected speech because some group finds it offensive, hurtful, stigmatic, unreasonable, or undignified. “If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. Johnson, supra, at 414. A contrary rule would allow the govern­ment to stamp out virtually any speech at will.”

This is the opinion that should’ve carried the day. In fact, Kennedy’s opinion is a blatant special pleading, fallacious on it’s face when he claimed the CCRC disparaged Phillips’ position. Even if I allow the comments made by some CCRC members do in fact disparage Phillips’ religion, the law makes it clear that religion is inoperative as a defense against its requirements anyway. How, then, can hostility to religion matter one jot or tittle, and isn’t such expression protected in its own right? The CCRC needed not show the least deference to Phillips’ religion, because the law that creates it manifestly doesn’t: Continue reading

Comment Of The Day: “When Businesses Have No Principles, No Courage, And The Community Likes It That Way”

Toxic woke is a specialty…

The bizarre episode in Portland, Oregon, in which two bakery employees were fired for following store policy because their doing so upset a black activist, and the establishment is so self-righteously “woke” that her demands were deemed sufficient to make injustice mandatory, has received almost no national publicity. I presume this is because it illustrates the worst of progressive logic, group preference, and hubris to a nauseating extent. Almost as awful as the Back to Eden bakery’s mistreatment of its employees are the addled statements of its owners, which betray an increasingly common (I wish I could write “rare”) certitude of a standard-issue social justice warrior’s virtue, despite overwhelming evidence to the contrary.

Here is johnburger2013’s fascinating analysis of this mess in his Comment of the Day on the post,When Businesses Have No Principles, No Courage, And The Community Likes It That Way….

This story is fascinating on so many levels, from all angles: legal, business practices, ethics, public relations damage control, and a whole host of other areas. Thankfully, geometry and nationalized medical care were spared.

From the outset, it seems kind of dumb to deny a patron pastry at 9:06 p.m. because of a rigid application of store hours. This is a bakery and the business of a bakery is sell baked goods. Any sale of a baked good is a good sale, no?

Yet, if the bakery declares the store hours, the employees should not necessarily be punished for enforcing that policy. Otherwise, you would have people coming and going at all hours and the employees would have to stay beyond their shifts, which may result in hardships on them and others the employees depend on. For instance, if a child is at daycare, there may be an additional fee payable to the daycare because the employee arrived late to pick up the child. Termination of the employees for enforcing the store’s hours seems cruel, harsh, and unfair to the employees.

How this situation spiraled out of control is truly amazing. At first, I thought the fired employees posted about it; then, I learned the Lillian, the Perpetually Aggrieved, posted videos she took from outside the bakery on her Facebook feed, which then went viral. Many Facebookers banded together in a quasi-online lynch mob and filled the bakery’s Facebook page with love letters and messages.

The owners, dreaming of gluten free cookies, awoke to a public relations nightmare. One of the owners contacted Lillian via Facebook Messenger to try to apologize and resolve the problem (without knowing the real facts); though well-intentioned, he stepped into a virtual hornets’ nest. He then tried to make further amends by writing a preliminary statement, which failed miserably. His response: a 3400 word statement, which he subsequently deleted. Here is a link I found on a site called “The Way Back Machine”* that includes the bakery’s initial statement and the update:

https://web.archive.org/web/20180529123148/https://m.facebook.com/backtoedenbakery/posts/10156247917969043

The two statements, taken together are a brilliant lesson in multiculturalism, diversity, virtue signaling, damage control failures, capitulation to The Mob, sacrificing someone for the Greater Good, and the ranking order of privilege and standing in the Grievance Industry.

The initial statement had this little gem:

“Back to Eden Bakery is 100% committed to being a welcoming and supportive environment for all customers who share our values of inclusivity (sic?) and dismantling the white supremacist hetero-patriarchy.” 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