“Cockholster” Update: Still Unethical, Not Illegal

Or to put it another way, Stephen Colbert’s ugly, vulgar and uncivil slur against President Trump may have been unfunny, biased, demeaning to the audience and the network (CBS), and corrosive to political discourse and the culture—it was all of these—but he didn’t violate any regulations or laws.

Yes, it’s always legal to be smug, pandering, hypocritical jerk.

The FCC spokesman confirmed the commission was not launching an investigation regarding the episode in which Colbert broke new ground in gutter language on network TV.For one thing, the “Late Show With Stephen Colbert”  is exempt from the FCC’s policies on profanity and indecency because its indecent rules only apply to TV and radio shows airing between 10 p.m. and 6 a.m.,  when children are supposedly not in the audience.

That would not save Colbert if his words were judged legally obscene (and thus not protected speech), but Colbert’s comments would not be found obscene under established court standards. Concludes Constitutional law expert (and Supreme Court appointee-in-waiting) Eugene Volokh:
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Comment Of The Day: “Comment Of The Day: ‘Comment Of The Day: No, Insurance Companies Treating People With Pre-Existing Conditions Differently From Other Customers Is Not Discrimination.’”

I agree, this is getting ridiculous: our colloquy on the ethical and policy complexities of health care policy has created the first Ethics Alarms Comment of the Day on a Comment of the Day on a Comment of the Day. Nonetheless, John Billingsley’s COTD is deserving, as well as interesting and informative. Here it is, his comment on Comment Of The Day: “Comment Of The Day: ‘No, Insurance Companies Treating People With Pre-Existing Conditions Differently From Other Customers Is Not Discrimination’”—which in this case you really should read Charlie Green’s post that prompted it.

I have a few comments on specific points.

“New diseases like RLS”

RLS was first described in 1685 and the first detailed clinical description was in 1944 and it was shown in test recordings in 1962. Not really a new disease but a newly publicized disease. Once a medication was developed that was effective at relieving the symptoms, it became profitable for a pharmaceutical company to target it and raise awareness. The company was not being altruistic, but is it wrong to make money by informing someone that there is a way to relieve the distress they are experiencing? If you have ever talked to someone who really has this disorder, you know how much it disrupts their lives. Is it over diagnosed? Possibly, but polysomnography to make a firm diagnosis is expensive and it is a condition where the clinical symptoms are pretty reliable. Probably cheaper to just treat it.

“Because who’s still going to argue with your doc? Especially when he or she gets side benefits from giving in to the latest DTC ads on network news programs?”

I hate DTC ads. I would be good with a spot that just said, do you experience these symptoms (of RLS perhaps)? If you do, tell your doctor. I actually spent quite a bit of time telling patients why they did not need the newest, expensive drug they heard about on TV or in a magazine either because they didn’t meet the criteria for it or because I felt that the cheaper alternatives were just as effective and needed to be tried first. It was a hard sell, particularly when the patient would say, “but my insurance will cover it.” I, and I think most doctors, take being a good steward of the healthcare dollar seriously. In the past there were sometimes substantial “side benefits” from drug companies especially if you used really expensive things like artificial joints or pacemakers. The most I ever received was dinner in a restaurant and things like cheap pens and sticky note pads. These days there are no more cheap ballpoint pens and meals typically are take out from Newks or equivalent in the office during a presentation. Not something I am likely to sell my soul for although I understand the implications. Continue reading

Comment Of The Day: “Comment Of The Day: ‘No, Insurance Companies Treating People With Pre-Existing Conditions Differently From Other Customers Is Not Discrimination.’”

The health care/ACA/AHCA commentary from readers continues to be uniformly excellent. (It was originally spurred by the post, No, Insurance Companies Treating People With Pre-Existing Conditions Differently From Other Customers Is Not “Discrimination.”Spartan’s Comment of the Day on the topic has itself sparked its own Comment Of The Day, this one authored by Charles Green.

By fortune’s smiles, I was able to finally meet Charlie last week face to face, as he kindly alerted me that he would be passing through my neighborhood. Finally having personal contact with an Ethics Alarms reader is always a revealing and enjoyable experience, and this time especially so. I think you would all enjoy Charlie; I certainly did. Maybe I need to hold an Ethics Alarms convention.

Here is his Comment of the Day on the post, Comment Of The Day: “No, Insurance Companies Treating People With Pre-Existing Conditions Differently From Other Customers Is Not ‘Discrimination’.”

…The claim that “a free market system” and “freedom of choice” is the solution to all that ails us is a mindless mantra that is only occasionally true, but not always.

It’s important to be clear about when free market solutions are good, and when they are not. It’s not all that hard to sort out. Basically:

Free market solutions ought to be the presumptive default. Unless there is good reason to the contrary, they ought to be the rule.

1. Exception Number 1: Natural monopolies. It makes no sense to have competition for municipal water supplies; airports; multiple-gauge railroads; fishing grounds; groundwater; or police departments. The basic reason is the putative economic benefit is either simply not there, or is absurdly overwhelmed by the social confusion engendered by multiple suppliers.
In these cases, a form of regulated monopoly is desirable. (By the way, the airline industry at a national level is precisely this kind of market; we do not have too little competition there, but too little regulation).

2. Exception Number 2a: Wallet-driven market power monopolies. It’s strategy 101 in business schools that the way to be successful is to be #1 or #2, and the best way to do that is to get more market share than your competition, so you can drive them out of business. The one guaranteed way to do that is to cut prices so low that no one else can compete. Think Walmart. Think Amazon. Think Japanese in the 60s and 70s in any industry.
The reason we have anti-monopoly laws is to reset the playing field when a competitor dominates the market too strongly.

3. Exception Number 2b: Product-driven market power monopolies. Where the product is so obscure, expensive, infinitely variable, and difficult to understand that the producers are de facto in control, because it is too confusing and too dangerous to challenge them.
Drug prescriptions are an interesting example. The ‘free market solution’ to high drug prices was (partly) to let drug companies advertise, and to loosen up the definition of what constituted a ‘new’ drug. What did we get? New diseases like RLS, new definitions of ‘new’ (moving ‘off label’ to ‘on label’) and even higher drug company profits. Because who’s still going to argue with your doc? Especially when he or she gets side benefits from giving in to the latest DTC ads on network news programs?

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Comment Of The Day: “No, Insurance Companies Treating People With Pre-Existing Conditions Differently From Other Customers Is Not ‘Discrimination’.”

There have been a lot of lively and articulate debates on Ethics Alarms since it began in late 2009, but I don’t know if any post has generated more thoughtful, informed and enlightening comments than this one. Many of them, and I mean ten or more, are Comment of the Day worthy. I would post them all, but it’s more efficient to just send you to the post. I’m very proud of Ethics Alarms readers on this one. It’s an honor to have followers so astute and diverse.

I chose Spartan‘s comment over the others in part because it was the most overtly about ethics, balancing and altruism. Plus the fact that she gets a lot of flack here, and yet perseveres with provocative comments that are well-reasoned and expressed. She is an excellent representative of all the commenters that add so much to this blog.

Here is Spartan’s Comment of the Day on the post, No, Insurance Companies Treating People With Pre-Existing Conditions Differently From Other Customers Is Not “Discrimination.”

The biggest problem — single payer is a jobs killer. I’ll admit that. Tens of thousands of people will have to find new jobs. Of course, there’s a flip side to this issue. Is it moral to sustain an industry that only benefits the rich and those who have access to employer-sponsored health care?

If we are going to get anywhere in this political debate, we have to be honest. Single payor is not sunshine and rainbows for all. Many people will have to find new jobs. Not everybody will love the care that they are provided. Medical students might decide to become stockbrokers instead because they will not make as much money. (On the plus side, the risk for med mal will go down so maybe there will not be a mass exodus.)

Another truth: a single payer plan will hurt the upper middle class the most. People like me. Because under single payer, I undoubtedly will have to pay more in taxes (the only way it could work), but I most likely will get a lower standard of care down the road. So, I imagine many people like me will go out and buy private insurance to sit on top of government provided medical care. So now I am even out more money. (Similarly, I don’t like my government provided education, so I pay money out of pocket for my kids’ school.)

While acknowledging all of this, I would still vote for single payer. In my view, it’s not ethical to let people die so other people can have jobs. That’s my position. If it means we can never go on another vacation or eat out again, it is more important to me that everyone have access to basic health care.

No, Insurance Companies Treating People With Pre-Existing Conditions Differently From Other Customers Is Not “Discrimination.”

Here is a prime example of how the news media’s intentional or careless use of words warps public perception and policy.

Yesterday, the New York Times front page story about the GOP House’s health insurance bill noted in its second paragraph that the bill wouldn’t do enough to prevent “discrimination” by insurance companies against those with per-existing conditions. I have seen and heard that term, discrimination, used over and over again to describe the per-existing condition, and I apologize for not blowing the whistle on it long ago.

Using the term, which is usually used in other contexts to signal bigotry, bias and civil rights violations, is misleading and virtually defamatory. Insurance companies are businesses. They are not charities. They are not public resources. If an automobile company turns down an offer of half what a car costs it to make, it is not discriminating against that customer who made the offer. If a restaurant customer says to a waiter, “I have just four bucks, but I want you to bring me a dozen oysters, a steak, and a nice bottle of wine,” the establishment isn’t discriminating against the diner for sending him to McDonald’s.

Insureds with per-existing conditions want to pay premiums that are wildly inadequate for the coverage they know and the insurance company knows they are going to need. Insurance companies are portrayed as villains because they don’t eagerly accept customers who they know will cost them money, often a lot of money. That’s not discrimination. That’s common sense, basic business practice, fiscal reality,and responsible management. The news media and the under-cover socialists among us want to create the illusion that a company not wanting to accept customers who lose money rather than add to profits is a mark of corporate greed and cruelty, hence the use of “discrimination” as a falsely pejorative term, when the fair and honest word is “problem.” Continue reading

Ethics Quiz: The Boston Red Sox And “Hate Speech”

SHHHHHHHH!

I don’t know why it is that the Boston Red Sox are leading all of baseball in ethics controversies, but here’s the story:

The Red Sox have been playing the Orioles the last four days, in a series marked by rancor arising from an incident last week that has metastasized into an exchange of words, accusations and attempted beanballs.  After the first game in this series,  Orioles’ outfielder Adam Jones claimed that he had heard racial epithets from the stands, and a bag of peanuts had been thrown at him.  Boston  and the Red Sox in particular have a dubious racial history (the team was the last in baseball ito have a black player), so this immediately became a big story, with the Sox, MLB, the city, and even the governor expressing horror, regret, and outrage. No fan or Orioles player has stepped  forward to substantiate Jones’ accusations. I don’t doubt him, but that is relevant, because in the entire episode as it unfolded, conclusive evidence has been deemed unnecessary. Accusations alone confer guilt. In the next game, Fenway gave Jones a long standing ovation on his first trip to the plate, saying, in essence, “We’re sorry you were treated this way, and we reject that disgusting conduct.” Good. That is the Fenway Park I know.

Then it was reported that another fan who was in the crowd at Fenway  the next night has been banned for life by the Red Sox. Team president Sam Kennedy said that the fan received the lifetime ban for using a racial slur to to describe a Kenyan woman who sang the National Anthem before the game, in a conversation with another fan.

Calvin Hennick, a Boston resident bringing his son to his first Red Sox game as a present for his sixth birthday, wrote on Facebook and confirmed to the Associated Press  that a  fan sitting near him used “nigger” when referring to the National  Anthem singer that night. Hennick asked the man to repeat what he had said, and when he did,Hennick summoned security. The Fenway security ejected the offending fan, who denied using a racial slur….you know, like Giles Corey denied being a witch.

Kennedy thanked Hennick, who is white, for coming forward. Says NBC baseball writer Craig Calcaterra, who once was a lawyer and presumably understood basic principles of justice, process, and fairness, “Kudos to the Red Sox for acting so swiftly.”

The Red Sox acted swiftly, all right.

Your Ethics Alarms Ethics Quiz of the Day is this...

Is it fair, proportionate, reasonable and just to ban a baseball spectator for life under these circumstances?

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Update On Stephen Colbert’s “Cock Holster” Slur: Questions Answered Regarding The Comic, CBS, His Fans And Supporters…And The News Media

As discussed here yesterday, Stephen Colbert strung a gross, vulgar, precedent-shattering string of ugly ad hominem insults against the President of the United States this week, a volley that included the homophobic slur “cock holster,” insinuating, because such an image is so hilarious, that the leader of his country fellates Vladimir Putin. Last night he answered the collective criticism. Here is what he said, and said with the repulsively smug “aren’t I clever and amusing!” smirk that has always made this comic hard to watch for me (Samantha Bee does the same thing). As a professional director, I think it’s bad technique, and hackish. But I digress…back to Colbert:

“I’m your host, Stephen Colbert. Still? I am still the host? I’m still the host!!…Now, if you saw my monologue Monday, you know that I was a little upset at Donald Trump for insulting a friend of mine. So at the end of that monologue, I had a few choice insults for the president in return. I don’t regret that. He, I believe, can take care of himself. I have jokes; he has the launch codes. So, it’s a fair fight…While I would do it again, I would change a few words that were cruder than they needed to be.”

Then he pandered to the critics who condemned his “cock holster” joke as homophobic by blathering briefly about how anyone who expresses love for any human being is a “hero” [Translation: “I love you all, Gay Progressives! Don’t be mad at me! Remember when you got mad at Alec Baldwin for calling a photographer a cocksucker? You forgave him because he votes for the right party, and so do I! “], and introduced gay actor Jim Parsons, who plays the uber-nerd in “Big Bang Theory” to prove it.

What did this moment tell us about Stephen Colbert?

Stephen Colbert doubled down on using the phrase cock holder on the air in a high profile network show. He did not apologize or retract the worst vulgarity that has ever been allowed to go out to millions on a pre-taped network show, and that record-worst vulgarity was directed at the President of the United States, who, like it or not, is the representative of our democracy world-wide and who, like it or not, carries the mantle of all who preceded him.

Colbert’s  justification for this is that the President insulted Colbert’s “friend,”  “Face the Nation” host John Dickerson [if you believe that Colbert and Dickerson are any more real friends than Colbert and the CBS cafeteria ladies, I have a bridge to sell you], so this justified exporting obscenity, uninvited, into millions of American homes, and further polluting political discourse and civil society.

This is signature significance. Stephen Colbert is an irresponsible, hateful, fame-addled, unprofessional asshole without the decency or ethical awareness to know when he has crossed a big, bold, long-standing cultural ethics line, or the courage to accept responsibility for it. His ethics ignorance was on display in his scripted–scripted! Like “cock-holster,” somebody was paid to write this garbage—comments. He expressed or embraced the unethical logic of Rationalizations #2, 7, 13, 14, 19A,  52,  and more.

Revealingly, Colbert, an alleged comedian, did not cite #54, The Joke Excuse, though as a holder of the Jester’s Privilege, that one was properly available to him. This signaled that Colbert was NOT joking, but being genuinely and intentionally hateful and insulting the President of the United States in as gross and demeaning a manner as he could, and that he meant it. Well, that’s an abuse of his position and the platform provided to him by CBS.

Meanwhile, Colbert stacked all of his chips on  Rationalization #11. The King’s Pass, The Star Syndrome, or “What Will We Do Without Him?” He knows he can get away with conduct that would get lesser lights suspended or fired, so, like all organization high-performers who double as ethics corrupters, Colbert acted accordingly. Not only that, he gloated about it. “See? Can’t fire ME!”

There needs to be a special word for “contender for king of the assholes.”

On the plus side for Ethics Alarms, Colbert did give me a new Rationalization for the list, which I will add today: “The Pest’s Justification.” That’s when misconduct and abuse is justified because the abuser is less powerful than the abused. Abuse is abuse. “He can take care of himself” is not a justification.

Finally, the statement that he would change “a few words” is cowardly and slimy, displaying the character of a banana slug. Why would you change those words, Asshole? Because they got you in trouble? Why were they “cruder than they needed to be”? Needed to be for what purpose? If you won’t apologize for using those words, then say what the words are, again, right here, so we don’t think  you meant “Pricktator.” Continue reading

Torturing Kids For Giggles And Profit: The DaddyOFive Videos And The Cultural Scourge Of Child Exploitation

The story on “The Conversation”: is headlined, “When exploiting kid for cash goes wrong on YouTube….” and there we have the problem in black and white.

Exploiting kids is wrong to begin with and in all respects; it can’t “go wrong.” The culture doesn’t just get it. This ethics alarm has been sounding at ear-breaking pitch for a long time. Too many adults and media opinion-makers have not just tolerated cruel and abusive uses of children by the very people who are obligated to protect them—their own parents– but encouraged it. In such a child-focused culture,where “Think of the children!” is an all-purpose emotion-bomb employed with regularity to obliterate  rational policy arguments, this ugly realm of ethics blindness still thrives.

Ethics Alarms has done its best to cast a light on the cultural scourge from the blog’s beginnings. There were “the Biking Vogels.”  There was Jon and Kate Plus Eight. But what chance do I have trying to explain that all child exploitation is unethical whether it is done for cash or not, when a late night TV star, Jimmy Kimmel, has been gleaning fans, applause ratings and YouTube hits by encouraging parents to “prank” their own children to almost no criticism at all? I even started a Facebook page to stop Kimmel from doing this, as he does every Christmas, Halloween, and whenever his child-hating writers have a sadistic brainstorm.

Maybe the exposure, shaming and punishment of Heather and Mike Martin, of Ijamsville, Maryland will finally have some impact, but at this point I am dubious. Yesterday these horrible people appeared on ABC’s Good Morning America to weep, lie, grovel and try to make the public feel sorry for them, as their torture videos threaten to cost them custody of some or all of their children.  Anyone who does feel sorry for the Martins is a fool, and perhaps one of the complicit millions of internet viewers who rewarded the couple for using their children as props, dupes and victims. When you make money by torturing your children to attract YouTube hits, that is signature significance. You are a vile human being, with your values and ethics rotting somewhere in your brain like a dead rat in the attic. The Martins are indefensibly ethics-free human beings, though just two of many. How much can the culture condemn them, when an even worse human being is paid millions by ABC—the hypocrisy of the network is staggering—to encourage the same conduct they are now being, finally, attacked for?

The YouTube video that finally served as a tipping point was the one where the Martins poured  ink on the bedroom floor of one of their five young children. The Washington Post describes it:

Heather Martin, a.k.a. “MommyOFive,” is screaming. “Get your f—— a — up here!” she yells at Cody, her young son. Mike Martin — DaddyOFive to his family YouTube channel’s 750,000 subscribers — follows along behind with the camera as Cody runs upstairs. Soon, he is yelling, too: “What the hell is that?” There is ink all over the floor of Cody’s room. The boy begins to cry. “I didn’t do that,” he says, his face turning red. “I swear to God I didn’t do that.” For three minutes, the parents scream and swear at Cody and his brother Alex, accusing them of spilling the ink. Suddenly, MommyOFive reveals a small bottle in her hand. She smiles and laughs. The ink was trick ink, she says, it will disappear from the floor. “You just got owned!” DaddyOFive says, pointing the camera in the faces of his children, who appear to be elementary school-aged. “It’s just a prank, bruh!” As the Martin parents laugh, their children remain sitting on the bed, faces still red from crying.

HAHAHAHAHAHA!!! This is hilarious!

With over 760,000 subscribers,  DaddyOFive earned between$200,000-350,000 each year from YouTube advertising revenue. The ink prank wasn’t the worst of the videos either, not at all. In addition to the emotional abuse being inflicted on the Martin kids, there was often physical abuse. Some videos showed them being pushed into furniture or walls by their father, or being struck by siblings. Here is a sampling of the videos, as they were promoted on DaddyOFive:

Nice. Although these have all been removed by the Martins or by YouTube for violations of their policies—which YouTube apparently only enforces vigorously when sufficient bad publicity is stirred up—they have been archived here. Continue reading

From The “A Nation Of Assholes” Files, An Ethics Dunce: Smithfield’s Chicken ‘N Bar-B-Q

Unless someone figures out how to blame this incident on President Trump, I am gradually coming to the conclusion that my conviction that electing him would cause the United States to become a nation of assholes was mistaken, because the culture was  on a water slide toward that result already.

A member of the Raleigh Police Protective Association (RPPA) reported on the group’s Facebook page that the staff, including the manager, of Raleigh’s Smithfield’s Chicken & Barbeque on Jones Sausage Rd.  sang “Fuck Tha Police” a while a number of officers of the Raleigh Police Department were dining at the restaurant.  The hip-hop classic…yes, a song called “Fuck the Police” is considered a classic, which explains why I have no interest in hip-hop, except as a corrosive force in our culture, and especially the black culture—includes the trenchant and moving  chorus, evocative of Sondheim at his lyrical peak,

Fuck Tha Police
Fuck Tha Police
Fuck Tha Police
Fuck Tha Police

And I thought regular singing waiters were annoying… Continue reading

Ethics Quiz: Never Mind Breastfeeding In Church, What About Gus the Asparagus Man?

If churchgoers’ sensibilities regarding mothers breastfeeding during a religious service are worthy of respect and deference, what about their sensibilities regarding people dressed like vegetables?

This past Sunday, England’s Worcester Cathedral  kicked off the region’s annual Asparagus Festival with a unique ceremonial blessing. A man in a suit and tie carried a bundle of the vegetable to the front of the church, followed by a man costumed as a spear of asparagus (Gus the Asparagus Man) and someone costumed as St. George, shield and all. The cathedral’s Precentor then blessed the crop.

Many churchgoers were offended. “This is an absurd pantomime-type scene that makes a mockery of Christian worship,” said one.  A popular religious blogger asked, “Where’s the sprout liturgy, or equality for mushrooms? Would the Dean really permit a walking fungus to participate in an act of divine worship?”

Your Ethics Alarms Ethics Quiz of the Day is..

Was it unethical for the Church of England to present such a whimsical service to its unsuspecting members?

The values to consider here are trust, fairness, respect, and responsibility.

What do you think?

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Pointer: Fred