Business & Commercial

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

/ Jack Marshall / 43 Comments

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”

/ Jack Marshall / 47 Comments

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”

/ Jack Marshall / 27 Comments

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

/ Jack Marshall / 39 Comments

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 →

Morning Ethics Warm-Up, 6/4/2018: 500 Days Edition

/ Jack Marshall / 15 Comments

Good Morning!

1.  In one respect, it is his fault. The most infuriating defenses of the Samantha Bee cunt-fest may be the rationalizations who pronounce her blameless (and thus Turner/TBS) because President Trump made her do it. (Well, maybe the second most infuriating: CNN fake-ethics commentator Brian Stelter actually referred to the episode in a tweet as the “feckless” controversy. You see, Brian, when your field is journalism ethics, you can’t play deceit games like that, because…oh, why do I bother?). To be fair, however, while Bee and the other potty mouthed resistance members and DNC leaders should be held responsible for their own ugly conduct, electing Donald Trump did give a cultural green light to incivility and assholery.

Since nobody else gives me credit and public recognition when I’m right before most of the chattering class (Ethicists Don’t Matter), I have to do it myself. Here is what I wrote in part on September 10, 2015:

We have elected Presidents without experience, who were narcissists, sociopaths or psychopaths, who were not too bright, who were unjustifiably cocky, who spouted policy nonsense, who had only style without substance, who acted tough, who were the product of marketing rather than talent. Some of them turned out to be pretty good; some of them surprised everyone and changed their ways. None of them wrecked the nation. I am confident that even at this difficult time in our nation’s history, reeling from the serial incompetence of  the Bush and Obama administrations, the United States could survive a Trump Presidency as a nation.

We could not, however, survive it as a culture.

Placing a man with Trump’s personality and his rejection of the basic features of civilized conduct and discourse to an extent that only the obscenely rich or the resolutely misanthropic can get away with would ensure that American culture would deteriorate into a gross, rude, selfish, assault muck in which no rational human being would want to live…

Even if Trump was a policy whiz, a political magician and a foreign policy master who balanced the budget and restored American’s primacy in the world, it would not be worth what would be lost: dignity, fairness, civility, caring, respect.

Continue reading →

When Businesses Have No Principles, No Courage, And The Community Likes It That Way….

/ Jack Marshall / 41 Comments

This, by rights, should be a Kaboom!, but after the Starbucks fiasco, my head is no longer surprised enough by outrageous  race-bullying and craven corporations to explode. It is a terrible story, however. I don’t advocate boycotts, but this bakery deserves to be picketed.

On the other hand, it’s Portland, Jake, so maybe I should forget it. But still …hold on to your skull…

Two employees of a bakery denied a black woman service because the business had closed at 9 pm, as was its policy. The woman, however, cried racism, and the store released multiple apologies and public statements. In one, the bakery’s co-owner wrote, “We are doing business in a gentrified neighborhood in a racist city within a racist state of a racist country.”

I’m not even going to comment on that, except to recommend that the guy run onto the field of an NFL game and kneel.

Oh, I almost forgot the beauty part: the bakery fired the two employees. For following the store’s policies. For closing the store on time. For not giving special dispensation to a woman demanding entry because she was black.

According to its own surveillance video, a black woman named “Lillian”, who is  known  as a “professional equity activist”—that is, a social justice predator who was probably lying in wait until the store closed to provoke this controversy— entered at 9:06 p.m….after the bakery’s closing time, after the Catch 22-doomed employees turned off the “OPEN” sign. Two white women tried to enter the bakery two minutes before “Lillian, “and were properly informed that the business was closed for the night. Ah, but they had no race card to play. “Lillian” left the store briefly and began recording video. Of course she did.

The bakery’s statement—hold on to that cranium, now!— says that even though  the employees were following the business’s protocol of closing at 9 p.m. and did nothing to suggest racism, they were fired because “sometimes impact outweighs intent.”

In other words, they should recognize that society has handed blacks and the race-grievance mob the weapons to destroy them, and behave accordingly.  Is there any other interpretation? The bakery also said  that the way the employees went about denying the woman service, “lacked sensitivity and understanding of the racial implications at work” and that “this is more about how a black woman was made to feel.” Not a white woman, now or just a woman. How they choose to feel would be their own problem. A black woman, however, felt that the rules should be bent for her, and then felt that two employees trying to do their jobs had to be sacrificed.

Nice. Continue reading →

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

/ Jack Marshall / 33 Comments

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 →

Just Trying To Get The Rules Straight…[Updated]

/ Jack Marshall / 33 Comments

(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

/ Jack Marshall / 39 Comments

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

/ Jack Marshall / 33 Comments

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 →