The combination of the 45th Anniversary of the Gilbert & Sullivan performing organization I founded as 1L student at Georgetown and some unusually complex ethics problems tosses to me by some law firm clients have conspired to put me out of action until this afternoon.
I’m opening this post up to commentary on any ethics issue you please. Stay on topic, please, and be civil.
(Do you remember when Saturday morning was fun? Stupid, but fun…)
1. Your cultural literacy note of the day. The Charles Laughton classic “Ruggles of Red Gap” was on Turner Movie Classics last night. The movie itself is wonderful—I recommended it in an Independence Day post here—but it is also a cultural literacy triumph. In 1935, when the film was released, Lincoln’s Gettysburg address was in the process of falling out of the public’s consciousness. The film’s most famous scene, however, revived it. In a saloon, reference is made to “what Lincoln said at Gettysburg,” and all the cowboys in Red Gap ask each other, “What did Lincoln say at Gettysburg?” Then, quietly, unexpectedly, Ruggles the English butler (Laughton) and the only foreign-born man in the room, recites the speech. TCM host Ben Mankiewicz, in his post showing observations, revealed that when the film was first shown, audiences frequently stood and applauded Laughton’s rendition, and the Address itself became more widely known and quoted.
This is how popular culture works when it is in sync with national values, and not attempting to undermine them.
Here is the scene…for some reason YouTube doesn’t have it, but does have the entire film. The saloon scene begins at about the 56:09 mark:
2. The Atlantic-Kevin Williamson controversy. Unless you routinely plumb the depths of pundit wars and cultural bloodletting, you might well be completely unaware of this skirmish, but it is ultimately an ethics story. Continue reading
The Office of the Commissioner of Baseball announced today that third baseman Michael Chavis, who is the Red Sox’s No. 1 prospect has been suspended following their violations of the Minor League Drug Prevention and Treatment Program, and has received an 80-game suspension without pay after testing positive for Dehydrochlormethyltestosterone, a performance-enhancing substance in violation of the Minor League Drug Prevention and Treatment Program. The suspension of Chavis is effective immediately. He was expected to be a candidate to come up to the big leagues and help the Red Sox in the stretch drive. His suspension hurts the entire organization.
Chavis tweeted a long and plaintive denial. And you know what the line is about that: “That’s what they all say.” Here is a sample…
“Over the past several months, I have been searching for an answer as to how a prohibited substance I have never heard of, DHMCT, was detected in my urine during the offseason. It is a question that unfortunately has not been answered, and I have run out of time for now to find an answer. As hopeless as this is for me, I am faced with the reality that maybe I never will. The only thing I do know is that I would never, and have never, purposely taken any prohibitive substance in my entire life.”
1. On the Sinclair broadcasting controversy. I was completely unaware of this, and Sinclair itself, until a couple of jerks accused me of cribbing my criticism of mainstream media bias from the company’s supposedly outrageous public statement. For the record, I don’t appeal to authority, and I make my own arguments. If other entities or pundits happen to reach the same conclusions, that’s to their credit. Go accuse them of following me. When a particular position stated by someone else strikes me as persuasive, I’ll credit the source.
Here is the script that Sinclair required the news anchors of its many local stations across the country. To save time, I’ll interject in BOLD…
“Hi, I’m(A) ____________, and I’m (B) _________________…
(B) Our greatest responsibility is to serve our communities. We are extremely proud of the quality, balanced journalism that XXXX News produces.
(A) But we’re concerned about the troubling trend of irresponsible, one-sided news stories plaguing our country. The sharing of biased and false news has become all too common on social media.
True. There is no denying this, and while the left-wing news media denies it as part of refusing to reform and do its job objectively and responsibly, the fact that the entity correctly framing the reality of U.S. journalism today is a conservative one does not alter the truth. Any news organization could have, and should have, sponsored the same statement.
(B) More alarming, some media outlets publish these same fake stories… stories that just aren’t true, without checking facts first.
This is also undeniable. The truth hurts. Tough.
(A) Unfortunately, some members of the media use their platforms to push their own personal bias and agenda to control ‘exactly what people think’…This is extremely dangerous to a democracy.
Completely accurate. It is terribly dangerous, and for a recent egregious example, look no further than the coverage of the anti-gun movement following the Parkland shooting.
(B) At XXXX it’s our responsibility to pursue and report the truth. We understand Truth is neither politically ‘left nor right.’ Our commitment to factual reporting is the foundation of our credibility, now more than ever.
If Sinclair means this, good. And that is the standard it should be held to going forward.
(A) But we are human and sometimes our reporting might fall short. If you believe our coverage is unfair please reach out to us by going to XXXX News.com and clicking on CONTENT CONCERNS. We value your comments. We will respond back to you.
How can anyone object to this?
(B) We work very hard to seek the truth and strive to be fair, balanced and factual… We consider it our honor, our privilege to responsibly deliver the news every day.
(A) Thank you for watching and we appreciate your feedback”
Since the statement is non-partisan, accurate, much-needed and one that every single news broadcast news source could and should have read to its viewers, daily if possible, there can be no valid ethical objections to it.
Deadspin, which has too many ethics problems of its own to count, attacked the statement as america’s largest local TV owner turning its news anchors into soldiers in Trump’s war on the media.”
What utter dishonesty! As I said, and documented on the space ad nauseum, it cannot be reasonably denied that the statement’s characterization of news reporting is fair and accurate. Just because the resistances’s reviled President says something is so doesn’t mean it isn’t so, nor does his embrace of the obvious mean that to acknowledge the obvious is to support him. Deadspin then assembled a propaganda video of anchors across the nation saying the same thing, to make the process look sinister. Clever, but if you can’t see this for the misleading sliming it is, get help. (Or, if you are NPR, get private funding.) Anyone could do the same thing with every baseball broadcaster who reads the MLB script about who owns the material in the broadcast. Anyone could do the same thing with the instructions I and many other CLE trainers read at the beginning of webinar. It can be done with the Pledge of Allegiance. Statements are scripted when it is important to have a carefully considered message communicated without variation. There is absolutely nothing improper, unethical or inappropriate about a stations owner requiring newsreaders to state the station’s mission, philosophy and basic ethical principles.
In fact, it is inappropriate not to. The howls from the Left are the very embodiment of the meaning behind the Bard’s famous line in “Hamlet” (Act 3, Scene 2 ),
The lady doth protest too much, methinks.
Except in this case, it would be, “The biased and partisan journalists who have been manipulating, hiding and distorting the news for years and hate being called on it doth protest too much.”
Methinks.
2. Another dumb “pay gap” controversy. I’m late slapping this one down. “The Crown, ” the Netflix series about Queen Elizabeth II, has been attacked by feminists, progressives and idiots—I’m sorry, but this is egregious—because actress Claire Foy, playing the Queen, was paid considerably less than co-star Matt Smith, who plays Prince Phillip.
The reason this was the case is that Foy, when she was cast, was a relative unknown, Smith, in contrast, had a ready-made fan base as one of the popular Doctors in “Doctor Who.” Thus he was worth more money to the producers in the beginning of the project. Marlon Brandon was paid much more than Al Pacino and James Caan in “The Godfather” for the same reason. This isn’t gender discrimination. This is business, specifically show business. Bigger stars get more money for legitimate and obvious artistic and business reasons. Now there is a petition to try to shame Smith into donating part of his salary from the series to Time’s Up.
This nonsense and gender-bullying. I needs to be sneered at and dismissed hard. Continue reading
This is the second rebuttal to my criticism of the President’s effort to use his influence and power to harm Amazon. I’m very impressed with it, but I have to give a rationalizations alert, for there are several evoked here, including, a few versions of #1, Everybody does it,” #2 A. Sicilian Ethics, or “They had it coming,” #3. Consequentialism, or “It Worked Out for the Best” #39. The Pioneer’s Lament, or “Why should [He] be the first?,” #45. The Unethical Precedent, or “It’s Not The First Time,” and probably others.
Here is Greg’s Comment of the Day on the #2 in “Morning Ethics Warm-Up, 4/4/2018: Baseball Lies, A Presidential High Crime, And A Judge Makes A Panty Raid”:
There is nothing wrong, much less anything impeachable, about the President making valid, policy-based attacks that target specific companies, even though the attacks may “suppress the companies’ stock values.” Attacks on Standard Oil were justified, even though stockholders in Standard Oil may have suffered. Trump’s comments about Amazon are fair. In any case, there is no reason to think that his remarks were intended to drive down Amazon’s stock price and very little reason to think that they will cause any particular harm to Amazon or its stock.
Trump’s recent tweets have made three points about Amazon, all of which he has made many times before: (1) Amazon benefits from a sales tax loophole that unfairly costs states money and disadvantages brick-and-mortar retailers, (2) Jeff Bezos uses the Washington Post to lobby for the continuation of this advantage and (3) the US Postal Service undercharges Amazon and should negotiate higher rates.
Trump has been making the first two points since at least 2015. He made them repeatedly during his campaign in tweets, in interviews and in speeches. Here’s the earliest reference that I found: https://www.washingtonpost.com/news/the-fix/wp/2015/12/07/donald-trump-called-out-jeff-bezos-on-twitter-then-bezos-called-his-bluff/?utm_term=.8573b4279b6d.
Trump has continued to make both points since he became president. Here’s just one example: https://www.bloomberg.com/news/articles/2017-08-17/trump-s-bruising-tweet-highlights-amazon-s-lingering-tax-fight. His Treasury Department has been studying the sales tax issue for over a year, http://thehill.com/policy/finance/343972-mnuchin-trump-administration-is-examining-online-sales-tax-issue, and his Justice Department last month filed an amicus brief in South Dakota v. Wayfair, a case currently before the Supreme Court, arguing that the Court should close the sales tax loophole that benefits Amazon and other online retailers.
Trump has been making the third point (about USPS rates) since at least December last year. http://fortune.com/2017/12/29/trump-amazon-post-office.
None of those previous statements and actions by Trump and his administration caused Amazon’s stock price to fall. Trump could not have expected that thisweek’s tweets, repeating exactly the same points that he has made many times before, would have any effect on Amazon’s stock price.
Moreover, Trump’s tweets haven’t made any threats against Amazon and he doesn’t seem to have any intention of taking any unilateral action to hurt Amazon. To the extent that his tweets may have affected Amazon’s stock price, they most likely did that by drawing investors’ attention belatedly to genuine issues regarding Amazon’s business model, in particular the possibilities that the Supreme Court might actually close Amazon’s sales tax loophole and that the USPS might actually negotiate a better deal with Amazon. If his tweets have pointed out concerns that investors previously hadn’t given proper weight, then he has done a valuable service for the markets. If these concerns turn out to be unjustified, then Amazon’s stock price will soon recover and Trump’s tweets will have done no harm. Continue reading
Is Teddy looking down from Rough Rider Heaven and smiling at Trump’s Big Tweet?
Of course, I knew suggesting that President Trump’s deliberate attacks on Amazon via Twitter was an impeachable offense would set heads a-blowing. The resulting debate has been fascinating, with interesting historical parallels being proposed. This comment, by Chris Marschner, is the first of two erudite and well argued rebuttals.
Not to hold you in unnecessary suspense, I am not convinced or dissuaded. I do not see Teddy Roosevelt’s policy-oriented attacks on the era’s monopolies, correctly leading a movement to reform an area of widespread capitalist abuses that eventually were agreed to be criminal, with Trump’s tweeting crudely phrased animus to the public. Nor do I find Obama’s general criticism of big money lobbying efforts by energy interests in general and the Kochs in particular at the same level of abuse of power as Trump taking aim at the owner of the Washington Post,
I am a lifetime fan of Teddy, but he crossed many lines, and could have been legitimately impeached himself. As I have stated before in multiple posts, the power of the Presidency is too great to be abused with casual wielding against individuals and named businesses. As always, there are exceptions. I’ll concede that taking on the robber barons and the monopolists in the early 20th Century can be fairly designated as one. Chris seems to feel that there is a close parallel in Amazon’s growing power, but that’s not the case the President chose to make, instead focusing on a deal Amazon forged with the Postal Service, as much to keep the latter in business as to benefit Amazon.
Basic lessons in POTUS leadership: if you are going to cross lines of appropriate uses of power, 1) You better be right and 2) Be Presidential about it.
Other examples, like Obama designating Massey Energy as responsible for the Upper Big Branch mining disaster before the investigation was complete, can not be so easily excused, but can be fairly labelled a mistake. (Obama made many, too many, such mistakes.) Trump’s attack on Amazon is neither as limited as Obama’s mistake, not as carefully considered and justifiable as Roosevelt’s trust-busting. I would like to see future Presidents restrained from abusing power in this way, even if it takes a trail before the Senate to do it. If we don’t restrain it, we will be sorry.
But the other side has some good arguments: by all means, read them.
Here is Chris Marschner’s Comment of the Day on the #2 in “Morning Ethics Warm-Up, 4/4/2018: Baseball Lies, A Presidential High Crime, And A Judge Makes A Panty Raid”:
I would like to point you to this in 2015:
https://www.usatoday.com/story/news/politics/2015/08/26/war-words-obama-v-koch-brothers/32423959/
“When you start seeing massive lobbying efforts backed by fossil fuel interests, or conservative think tanks, or the Koch brothers pushing for new laws to roll back renewable energy standards or prevent new clean energy businesses from succeeding, that’s a problem,” Obama said at the summit. “That’s not the American way.”
“Josh Earnest said the exchange illustrates the kind of president Obama set out to be.”
“This is exactly why the president ran for office, it’s why he ran for this office, is that for too long, we saw the oil and gas industry exert significant pressure on politicians in Washington, D.C.,” he said. And when Obama fights that influence, “the special interests, including the millionaires and billionaires that have benefited from that paralysis, start to squeal. And I guess in this case, at least one billionaire special interest benefactor chose to squeal to a Politico reporter.”
This type of rhetoric does not include Obama officials publicly stating (incorrectly and improperly) that one of the Koch brothers paid no income taxes. (http://freebeacon.com/politics/hazy-memories/)
Is it only an abuse of power when referencing specific individuals? Does it matter if you say the 1% don’t pay their fair share or is it an abuse of power only if you identify them by name?
I will concur with the Koch brothers that it is beneath the dignity of the president to go after a specific individual, but to suggest that it amounts to even a misdemeanor abuse of power is a stretch. If calling out a specific firm is an impeachable offense then why was there no call to impeach Obama when he routinely criticized and mocked Koch Industries, Fox News and others that did not line up with full throated support of his agenda.
But , Obama was not the first to chastise “punch down” on a business person. Who can forget the trust buster himself Teddy Roosevelt. JP Morgan was singled out for bad behavior. Continue reading
1 Fake history, baseball style. Broadcasts of Red Sox games from Fenway Park in Boston refer to “the Pesky Pole,” the official name of the tall, yellow foul pole in right field. It is named in honer of the late Johnny Pesky, who also is honored in a statue outside the park—it featured him and his team mates and longtime friends, Ted Williams, Dom DiMaggio, and Bobby Doerr. Pesky, with a couple of brief interruptions,was a Red Sox lifer, beginning with his 1942 rookie season, and ending with his death several years ago as an honorary coach. In between, he was Sox minor league manager, the big team’s manager, a hitting coach and a broadcaster.
The Pesky Pole got its name because the notoriously power-free shortstop reputedly hit several of the few he managed to slug in his career by knocking a pitch around the marker, which arose from what is now the shortest foul line in baseball. The low Fenway right field fence veers sharply out from there to over 400 feet, so such homers are considered, and indeed are, lucky flukes. During his brief and undistinguished tenure as a Red Sox radio color man, former Red Sox pitching ace Mel Parnell repeatedly told the story about how Johnny won a game for Mel in 1948 with a pole-shot. This tale led directly to the team officially naming the pole on September 27, 2006, on Pesky’s 87th birthday, with a commemorative plaque placed at its base and everything.
Afterwards, and not before, someone actually checked the game records. Pesky never hit the home run described by Parnell. He only hit six home runs in Fenway at all, and nobody knows how many hit the pole, looped around the pole, or even went to right field. (Pop-ups hit by Punch-and-Judy hitting shortstops sometimes landed in the screen over the left field wall for home runs, as the cursed Bucky Dent can attest.) Nevertheless, the fake history is in place: the Pesky Pole is named that because Johnny Pesky hit a famous home run off of it, or was famous for looping cheap homers around it, or something.
Baseball excels at creating fake history, the most notable being represented by the locale of its Hall of Fame, in Cooperstown, New York. When the museum was envisioned, the accepted story about the game’s origin was the Union general Abner Doubleday invented the sport in 1839 and organized the first game in Cooperstown. After the construction was underway, research suggested that everything about the Doubleday tale was rumor and myth, but baseball and the museum’s management, in one of the all-time classic examples of adopting the philosophy of the newspaper editor in “The Man Who Shot Liberty Valence,” went to great lengths to keep the original story before the public. Eventually some hard evidence surfaced suggesting that the game was invented by Alexander Cartwright, who was eventually inducted into the Hall as the game’s creator, while Doubleday is not. Nonetheless, the myth survives. Major League Baseball Commissioner Bud Selig, for example, said in 2010 that “I really believe that Abner Doubleday is the ‘Father of Baseball.'” This is the equivalent of saying that one believes in the Easter Bunny.
Selig was later inducted into the Hall of Fame.
2.Believe it or Not! I would support impeaching President Trump for his tweeting attacks against Amazon. This is such an abuse of Presidential power that it demands at least a Congressional reprimand or sanction. Amazon lost $53 billion in market value in the wake of the tweets, meaning that investors, retirees, and ordinary Americans lost wealth as well. It is unconscionable for a President of the United States to deliberately target a company, just as it is wrong for a President to punch down at a private citizen, but the consequences of doing what Trump has done to Amazon is far, far worse. The Wall Street Journal suggested in an editorial that if the attack on Amazon was politically motivated because Amazon mogul Jeff Bezos owns the Washington Post, impeachment would be justified. Yes, that would be even worse, but it is not an essential element of this “high crime.” The President of the United States must not abuse his power by intentionally harming lawful businesses.
The foolish resistance is so focused on trying to impeach Trump based on exotic laws and imaginary conspiracies that it doesn’t see the real thing when it’s right in front of its face, and the anti-Trump media has so destroyed its credibility by embracing ridiculous impeachment theories that a valid one will just look like more of the same. Continue reading
…and believe me, it takes a super-human effort for me to say that right now…
1. Good. Rep. Esty is not running for re-election. We discussed her hypocrisy in a post two days ago. Now she says, “Too many women have been harmed by harassment in the workplace. In the terrible situation in my office, I could have and should have done better.” This would have been a meaningful and productive statement if she hadn’t previously insisted that she handled the matter correctly and refused to be accountable. She did, however, and mouthing platitudes now should not alter the verdict that she was a cynical and grandstanding #MeToo performer who, when time came to act according to the standards she was demanding of others, failed miserably.
2. Anybody know of an ethical computer protection service? I now have two ghost services torturing me with pop-up ads, slowing down my computer, and generally behaving like a virus because I cancelled them. When I cancel a service I allowed onto my computer, I expect them to say good-bye and leave. I do not recall agreeing in my original contracts that “the undersigned hereby agrees that if for any reason he chooses to end his relationship with ____________, the service will continue to hound him with warnings, special offers, unrequested scans and other harassment until he dies or throws his computer out the window.”
The two companies at issue are AVG and McAfee. I will chew off my foot before I engage either of them again.
3. Big Brother’s way of winning a debate: change the meaning of the terms so you can’t lose. After the repeated misuses of the term “assault rifle” as a disinformation and fear-mongering tactic by the anti-gun mob were flagged by Second Amendment supporters to the embarrassment of the zealots, Mirriam-Webster rode to the rescue, changing its online dictionary entry for the term so its ignorant ideological allies could now cite authority:
On March 31, 2018, the following definition was published:
noun: any of various intermediate-range, magazine-fed military rifles (such as the AK-47) that can be set for automatic or semiautomatic fire; also : a rifle that resembles a military assault rifle but is designed to allow only semiautomatic fire
Translation: “This is what the term really means, but it also means what ignorant politicians, journalists and activist refer to erroneously as the same thing even though it’s not, because we support them and this will make it easier for them to mislead other without looking dishonest and foolish.”
[UPDATE: There is some question of whether that definition was added before or after Parkland. Reader Steve Langton reports that he read the current version a couple of days after the shooting.]
Facebook employees were horrified last week by over a leaked 2016 memo from Facebook VP Andrew “Boz” Bosworth defending the social network’s aggressive expansion plans. Naturally, since the news media is in a Hate Facebook mode, ever since it was discovered that the social networking giants didn’t just let Barack Obama and Hillary Clinton acquire personal, data from its users: Republicans got some of the “big data” too, the Bosworth memo, nicknamed “The Ugly,” was more fodder to declare Mark Zuckerberg’s baby evil.
It may be evil, but not on the basis of the memo. Here’s what Bosworth wrote:
The Ugly
We talk about the good and the bad of our work often. I want to talk about the ugly.
We connect people.
That can be good if they make it positive. Maybe someone finds love. Maybe it even saves the life of someone on the brink of suicide.
So we connect more people
That can be bad if they make it negative. Maybe it costs a life by exposing someone to bullies. Maybe someone dies in a terrorist attack coordinated on our tools.
And still we connect people.
The ugly truth is that we believe in connecting people so deeply that anything that allows us to connect more people more often is *de facto* good. It is perhaps the only area where the metrics do tell the true story as far as we are concerned. That isn’t something we are doing for ourselves. Or for our stock price (ha!). It is literally just what we do. We connect people. Period.
That’s why all the work we do in growth is justified. All the questionable contact importing practices. All the subtle language that helps people stay searchable by friends. All of the work we do to bring more communication in. The work we will likely have to do in China some day. All of it.
The natural state of the world is not connected. It is not unified. It is fragmented by borders, languages, and increasingly by different products. The best products don’t win. The ones everyone use win.
I know a lot of people don’t want to hear this. Most of us have the luxury of working in the warm glow of building products consumers love. But make no mistake, growth tactics are how we got here. If you joined the company because it is doing great work, that’s why we get to do that great work. We do have great products but we still wouldn’t be half our size without pushing the envelope on growth. Nothing makes Facebook as valuable as having your friends on it, and no product decisions have gotten as many friends on as the ones made in growth. Not photo tagging. Not news feed. Not messenger. Nothing.
In almost all of our work, we have to answer hard questions about what we believe. We have to justify the metrics and make sure they aren’t losing out on a bigger picture. But connecting people. That’s our imperative. Because that’s what we do. We connect people.
Anyone who thinks this is a horrible or unethical sentiment doesn’t understand the fallacy of consequentialism, doesn’t comprehend moral luck, and doesn’t understand ethics or the concept of liberty. The section in the memo that has the Left’s new moralists suffering from the vapours is this one:
“So we connect more people. That can be bad if they make it negative. Maybe it costs a life by exposing someone to bullies. Maybe someone dies in a terrorist attack coordinated on our tools.”
That’s not “ugly.” That is a statement of reality, though admittedly one that certain political groups can’t understand, or choose not to accept. The value of tools that expand human power and experience is not diminished because they can be, and predictably will be, misused by some people, sometimes tragically. The nation was built on a basic understanding and embrace of that concept. Recently, a powerful movement has arisen challenging the assertion that personal; liberty is a universal good, on the grounds that liberty can be abused.. Here are some of the parallel and equivalent statements that this group currently challenges, often in angry and demonizing terms: Continue reading
Ethics Alarms 
I’m going to post the whole ad at issue again, because it is an essential reference point for context:
My almost entirely serious post about the GEICO ad showing McGruff the Crime Dog being subjected to office harassment based on his appearance and species/race prompted more and more diverse commentary than I expected, and one slam-dunk Comment of the Day, by Zanshin, who has a record of deconstructing oddball Ethics Alarms posts.
Three points:
1. I was not aware that McGruff had starred in anti-bullying videos, and I doubt that any but a tiny fraction of the intended audience for the GEICO commercial is either,
2. Kudos to Zanshin for seeing a connection to The Jehovah Paradox, which I did not. It is not often that I am told that I don’t understand my own inventions, but he makes an excellent argument. I also need to add TJP to the Ethics Alarms list of concepts and special terms, which I had neglected to do.
3. I just saw the ad again, and it still feels to me like GEICO is making light of workplace racism, bullying and harassment, and
Here is Zanshin’s Comment of the Day on the post, Harassing McGruff: Oh-Oh…Am I Going Crazy?: