Character

Gotcha! Ethics: Senate Democrats’ Obnoxious “Preference” For Political Correctness Over Substance, As Miriam-Webster Reveals Its Integrity Deficit

/ Jack Marshall / 19 Comments

And they’re coming around the turn in the 2020 Asshole of the Year Derby! Senator Hirono is making her move! Here she comes out of the pack! It’s going to be a photo finish!

At Tuesday’s confirmation hearings for Supreme Court nominee Amy Coney Barrett, Sen. Dianne Feinstein (D–Calif.) asked Barrett if she would roll back protections for LGBT citizens. Barrett responded that she “never discriminated on the basis of sexual preference and would not discriminate on the basis of sexual preference.” Hawaii’s Senator Mazie Hirono then accused Barrett of using “outdated and offensive” terminology. (Later, so did Senator Cory Booker, who said Barrett was implying by the term that being gay was a choice and not an immutable characteristic.)

“Sexual preference … is used by anti-LGBTQ activists to suggest that sexual orientation is a choice,” the Democratic scold intoned.  “It is not. Sexual orientation is a key part of a person’s identity. If it is your view that sexual orientation is merely a preference, as you noted, then the LGTBQ should be rightly concerned whether you would uphold their constitutional right to marry.”

Barrett was forced into apologizing, insisting  that this was not her intention. I say “forced,” because when you are in a confirmation hearing and the vote is going to be a squeaker, you can’t say, as she justifiably could have, “Really Senator? You’re dictating politically correct words and language now? It was quite clear what I meant, and that kind of phrase policing is a cheap shot. You should be ashamed of yourself.”

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Comment Of The Day: “Tuesday That Feels Like A Monday Ethics Catch-Up, 10/13/2020”

/ Jack Marshall / 23 Comments

I am jumping Mrs. Q’s (characteristically concise, wise, eloquent) Comment of the Day past some others on the runway because it’s object will not have a long shelf-life. She has expressed her reaction to the blog’s unofficial resident contrarian’s recent voluntary exit from the commentariat of Ethics Alarms in a manner that beautifully frames what the ethical values of openness, acceptance, tolerance, empathy, respect and kindness look like in practice. (Let me take this opportunity to nudge Mrs. Q into reconsidering her own decision to suspend the column she has here. Her ratio of commenting excellence remains unmatched, and that forum remains open whenever her other priorities allow her the time to access it.)

For reference purposes, here is Alizia’s own Comment of the Day from last November, which provides a relatively mild sample of her contributions here.

And here is Mrs. Q’s, on item #1 from yesterday’s “Tuesday That Feels Like A Monday Ethics Catch-Up, 10/13/2020.”

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A “When Ethics Alarms Don’t Ring” Anniversary Retrospective: The Cancellation Of Charlie Rich

/ Jack Marshall / 13 Comments

charlierichjohndenver

I wasn’t paying attention in 1975 when this episode occurred: it was a big year for me. I graduated from law school, took the bar, moved back to Massachusetts and then back to D.C. Most of all, the Red Sox went to the World Series and I had prime seats to see Carlton Fisk hit his immortal homer in the 12th inning of Game 6, waving the ball fair, but barely. The Country Music Awards (CMAs) were nowhere on my radar. They still aren’t: there isn’t a sock drawer in America I wouldn’t rather color-code that watch that show. But on October 13, 1975, 45 years ago to the day, an ethics drama unfolded with many lessons.

Charlie Rich, the soulful country music singer they called the Silver Fox (Even I had heard “Behind Closed Doors”) had been voted Entertainer of the Year by the Country Music Association of America one year earlier, and thus was chosen to  announce that year’s winner of the CMA’s greatest honor at the televised 1975 show.  He opened the envelope, appeared to read the name on the slip of paper,  and instead of announcing it, Rich reached into his pocket, took out a cigarette lighter and set the slip on fire.  While the paper burned, he finally announced that the winner was “my friend Mr. John Denver” Denver was only available to accept the awards via satellite linkup, so he made his acceptance speech with no knowledge of Rich’s gesture.

The audience was horrified, and many country music fans—and obviously John Denver fans— were furious. Charlie Rich was blacklisted from the CMA awards show for the rest of his career. His popularity crashed: from that moment until the end of his career in 1992, Rich had only one more #1 hit in those years, though a couple of songs reached #3 on the country charts. By any standard, his career after flaming John Denver was greatly diminished. Denver, universally regarded as a nice guy, was seen as the victim of a jerk. (The “my friend” seemed like a particularly nasty touch.)

What was going on here? The assumption was that Rich was taking a stand for country traditionalists against pop music turf invaders like Denver and Olivia Newton-John, who had won the Most Promising Female Vocalist award in 1973.  To this day, some even see his uncivil attack on Denver as courageous. The Saving Country Music blog opined in 2013:

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Ethics Observations On Kayla Eubanks, The Southwest Airlines Flying Slob

/ Jack Marshall / 24 Comments

southwest-dress-code-64

Chicago’s Kayla Eubanks is indignant because Southwest Airlines staff refused to allow her to board her flight, saying her attire was not fit for travel. low-cut top was “lewd, obscene, and offensive.”  Eventually a pilot gave her a cover-up T-shirt so she could get on the plane. Once in the air, she took it off.

Eubanks complained via Twitter, writing, “Y’all I was KICKED OFF my @SouthwestAir flight because my boobs are ‘lewd, obscene, and offensive.’ I was told that passengers may look at me in my attire and be offended.” In her following tweets, Kayla wrote,

“I really wanna know why @SouthwestAir is policing my clothes like this. How will my shirt impact my flight, for myself, the other passengers, or even the pilot?…Y’all have a dress code for CUSTOMERS who pay to get on a plane?…It’s the constant policing of women’s bodies for me.”

Posting a  video of one of Southwest’s female gate employees fumbling to answer Eubanks’ questions about a dress code, Kayla added. “[she] practically did cartwheels to ensure that I wouldn’t get on this plane y’all. I was held at the gate for 30 minutes because of my shirt.”  On the video, Kayla can be heard telling the sympathetic pilot who eventually loaned her the shirt, “I have to leave my tits at home? Obviously not.”

Stay classy, Kayla.

Following the flap, in which the mainstream media sympathizes with Eubanks, a spokesperson for Southwest Airlines told the New York Post that the company reached out to Eubanks directly to issue an apology, and refunded Eubanks’ fare

“Regarding our policies, each situation is very different, and our employees are responsible for following our Contract of Carriage, available on our website,” the spokesperson explained. “According to the material posted online, the company ‘may, in its sole discretion, refuse to transport, or may remove from an aircraft at any point,’ a passenger who engages ‘in lewd, obscene, or patently offensive behavior, including wearing clothes that are lewd, obscene, or patently offensive.”

Observations:

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Columbus Day Weekend Ethics Warm-Up, 10/10/2020: Dumb Tweets, Rigged Reviews, Insane Academics, And Police Conduct Worth Protesting

/ Jack Marshall / 48 Comments

Is it that time again already? Great, now we have to listen to more Statue Toppling rants from anti-Columbus zealots who don’t think changing the world unquestionably for the better and setting in motion the chain of events that allowed the United States to exist is worthy of a day of recognition.

1. I confess. Although I bailed out of following baseball this “season” when MLB’s groveling to Black Lives Matter became too much to bear, I do check the scores now and then, and thus am taking some pleasure in the fact that the New York Yankees were eliminated in the best of five Divisional Play-offs by the Tampa Bay Rays, making it eleven straight years since the Bronx Bombers got to the World Series.

2. Idiotic tweets that did not come from the White House. Whether one believes the Doomsday Polls or not, it is beyond question that President Trump’s prospects this November would be far brighter were he able to resist sending out dumb tweets, many of which I have highlighted here. (There is a Trump Tweets tag, if you want to reminisce. Like so many of his regrettable proclivities, this one is apparently contagious. Powerline recently flagged three head-exploders:

  • From Washington governor Jay Inslee:

Inslee tweet

  • From former CIA director and Deep State Trump saboteur John Brennan:

Brennan Tweet

Those who visit here often know that by Ethics Alarms standard, quoting “Imagine” as if this infantile doggerel by John Lennon is profound automatically wins any “Dumbest” competition.

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From The “Nah, There’s No Mainstream Media Bias!” Files…White Male Conservative Smirk Bad, Black Female Democrat Smirk Good!

/ Jack Marshall / 9 Comments

The definition of a “smirk”, I see as I peruse several dictionary definitions, is a condescending, smug, conceited or silly smile, universally regarded as obnoxious, rude and annoying. Thus the expression caught in an instant on the face of a teenage Catholic school student as a Native American activist intentionally confronted him, blocked his way and banged his drum within inches of his face was deemed by multiple commentators and pundits from progressive news organizations—that is to say, news organizations—to make the kid’s face “punchable.”

Examination of the video revealed that Nick Sandmann was not, in fact, smirking at all, but smiling awkwardly because human beings don’t have appropriate expressions pre-programmed for “old Indian jerk starts chanting and beating a drum in your face without any discernible reason when you have no clear avenue of escape.”

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Morning Ethics Warm-Up, 10/8/20: In Which I Am At A Loss For Words

/ Jack Marshall / 37 Comments

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1 As predicted, the police shooting of a black teenager with a semi-automatic weapon resulted in a new round of riots, this time in Wauwatosa, Wisconsin because the officer involved was not indicted for 1) being a police officer, and  2) having to shoot a an African American who 3) resisted arrest. Of course.

Riots are unethical. Demonstrating against responsible and fact-based law-enforcement decisions whether to prosecute is unethical. Creating a culture in which it is presumed that enforcing the law against a particular race is racist is unethical. This is all what one political party, just one of two, is supporting, rather than clearly condemning. That too is unethical.

And supporting such a party is unethical, as well is ignorant.

While I was typing this, an ad, not “approved by Donald Trump,” featured a woman being terrorized in her car by a mob, and noted that the Biden-Harris ticket would try to disarm citizens while “defunding the police.” “Vote Against Biden-Harris to keep safe” the ad concluded.

I think that’s entirely fair.

2. I did not watch the Pence-Harris debate, and I may not even review the video or the transcript. There should be nothing left to learn about Harris at this point, after watching her giggling, incompetent performances in the Democratic candidates’ debates. I assume she made numerous counter-factual assertions, and I assume the best she could do was to level pre-scripted ad hominem attacks on the President to pander to the Trump Deranged Democratic base. I assume no one asked her about the apparent hypocrisy of her enthusiastic alliance with a serial sexual harasser and the object of a rape accusation when she savaged a nominated Supreme Court Justice based on far less. I assume no one will ask how she defends the open decision to base the critical choice of who stands “a heartbeat from the Presidency” on nothing, literally nothing, but skin color and gender, resulting in Harris  being chosen despite no relevant experience and clear rejection by voters in the primaries. And I assume the Vice-President was stolid, professional and boring, as he always is, thus sparking comparisons with the President’s uncivil, un-Presidential but wholly Trump-like performance in the first Presidential debate.

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The American Bar Association Has Lost Faith In Professionalism, It Seems.

/ Jack Marshall / 12 Comments

For as long as I can remember, lawyers took pride in that fact that they could pound away at each other in the court room, shout, sneer, mock and beat an adversary into a metaphorical pulp, and put it all aside the second the case was finished. The idea that being friends, even close friends, with an opposing advocate compromised a lawyer’s determination and willingness to fight for his or her client was an anathema to the whole concept of professionalism. During the Civil War, West Point classmates on opposite sides sometimes met before a battle, shared a whisky, old memories and a few tears, and the next day did their best to kill each other. That mindset was analogous to how I was taught lawyers were supposed to behave, and, indeed, did.

Now the American Bar Association has apparently decided that it was all a myth. In  Formal Opinion 494, “Conflicts Arising Out of a Lawyer’s Personal Relationship with Opposing Counsel,” the ABA expresses doubts that many lawyers are up to the task.

“A personal interest conflict may arise out of a lawyer’s relationship with opposing counsel, the ABA now says. “Lawyers must examine the nature of the relationship to determine if it creates a …conflict and, if so, whether the lawyer reasonably believes the lawyer will be able to provide competent and diligent representation to each affected client who must then give informed consent, confirmed in writing.”

The opinion breaks possible personal relationships into three categories:

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Comment Of The Day: “Oh, Look! More Baseball Ethics Dunces! This Time, It’s the Baseball Writers’ Association of America”

/ Jack Marshall / 9 Comments

I have been remiss in getting up “Comments of the Day,” another consequence of my frustration adapting to the new WordPress “block” system, damn it.  I usually hand le COTD posts from my laptop, and posts requiring my concentration and composition rather than the imported wisdom of others from the Fortress of Ethics Solitude, my office.

I’m posting this follow-up comment from Here’s Johnny regarding the baseball writers’ gratuitous smear on the original commissioner of baseball based on nothing but rumor, a desire to practice “anti-racism,” without actually doing anything, and the smug assumption that History Doesn’t Matter, Gratitude Doesn’t Matter, and Honors Don’t Matter.

And the dog is licking my toes…

UPDATE: Well, that was a failed experiment. When I tried to move the text from Word to WordPress, I couldn’t make the format work from the laptop, so I’m back at my PC. That was 20 more minutes of my increasingly scarce time on Earth robbed by WordPress. I’m thinking of sending them an invoice...

Here’s Here’s Johnny’s Comment of the Day on the post, “Oh, Look! More Baseball Ethics Dunces! This Time, It’s the Baseball Writers’ Association of America”:

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My Mentor, My Friend: David J. McCarthy, 1935-2020

/ Jack Marshall / 14 Comments

Dave McCarthy

I have many things I want to write about, but this is something I have to write about.

I learned recently that my friend, mentor, teacher and my first boss David J. McCarthy, Jr. died on October 1, at the age of 84.  The key word here is probably mentor, but I’m not certain I have the perfect word for David. What do you call the person who probably did as much to influence the course of your life, all positively, than anyone else other than your parents? That was him. I know: I understand the real meaning of “The Road Not Taken.” It’s possible, even likely, that I would have ended up in the same place, or close to it, without someone pointing me to a path I had never considered at a point when I was desperately looking for options. But if a butterfly flapping its wings in the Amazon can cause a hurricane in Milwaukee, David McCarthy was the pterodactyl flapping his wings who changed, literally, everything in my life.

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