Sunday Ethics Warm-Up, 10/6/2019: Fan Ethics, Hospital Ethics, Vandalism Ethics, And Diplomatic Immunity

Well, I woke up…

…and as my father was fond of saying, that should be enough. Of course, he adopted that philosophy during combat in World War II…

1. I have been asked, “With your beloved Red Sox out of the post-season, are you paying attention to the play-offs?” The answer is, “Oh, sure.” I’m not like Yankee fans, what my dad called “summer soldiers.” In fact, the post-season is a more enjoyable, less anxious, purer experience for a fan when his or her team is absent. I can just enjoy the beauty, suspense and constant surprises of baseball without being distracted by my emotions, conflicts of interest, and bias. Post-season baseball is the best of the game; when I am trying to introduce baseball to neophytes, this is the best time to do it. Yes, the dumbed-down broadcasting by the networks is annoying, but it’s always been that way. And yes, I still have some rooting biases: most of my friends  are Washington Nationals fans, do a piece of me is supporting them. I like underdogs, so the Twins, Rays, and every National League team but the Dodgers have my sympathies. The Yankees have had such a courageous, astounding season, winning over a hundred games despite having more significant injuries than any MLB team in history, that I even find myself rooting for them, because if any team deserves a championship, the 2019 New York Yankees do.

2. First, do no harm. Second, don’t be an asshole...This is incredible. Employees at a St. Mary’s Regional Medical Center in Lewiston, Maine  created a “wall of shame” where they displayed confidential medical records of disabled patients in 2016, the state Human Rights Commission has found.

The records posted on the wall concerned sexual activity, photos and descriptions of  body parts and bodily functions of patients. St. Mary’s told CNN that it is “fully committed to ensuring this doesn’t happen again.”

Gee, that’s comforting. How did this happen in the first place?

The Shame Wall was revealed as part of a harassment complaint. MyKayla McCann, an employee who had been treated at the hospital, said that the existence of the “wall of shame” constituted an “abusive environment” where hospital staff displayed open hostility to those with disabilities.

“Coworkers constructed a workplace display ridiculing patients with disabilities. [McCann] encountered the display every day as part of her regular environment, making harassment pervasive,” the investigation said. “The information posted on Shame Wall was intended to demean and humiliate and included supposed ‘jokes’ about the hospital’s physically and mentally disabled patients.”

One employee was fired and another was given a warning in response to the incident. It took the hospital  four months after McCann’s complaint to take the Shame Wall down, according to the report. How caring. How efficient.

Continue reading

By What Theory Is This Judge Qualified To Stay On The Bench?

How low can judicial standards of ethics go? In the 10th Circuit, apparently, pretty low.

U.S. District Court Judge Carlos Murguia of Kansas City, Kansas, is an appointee of President Bill Clinton. His sister is a judge on the San Francisco-based 9th U.S. Circuit Court of Appeals and was also appointed by Clinton.

According to the Tenth Circuit’s judicial council recent opinion following a judicial conduct investigation, Judge  Murguia gave “preferential treatment and unwanted attention to female employees of the judiciary in the form of sexually suggestive comments, inappropriate text messages, and excessive, non-work-related contact, much of which occurred after work hours and often late at night.” In other words, he is a serial sexual harasser. The harassed employees, the investigation found,  were reluctant to tell Murguia to stop his abuse because of his power as a federal judge.  One victim finally complained.  Murguia continued the harassing conduct anyway. Continue reading

Morning Ethics Warm-Up, 10/2/19: While Basking In The Glow Of Another Life Lesson From Baseball

Go Nats!

The Washington Nationals had never won an elimination game in the National league post-season. They were 0-6 in such games going into last might’s do-or-die single Wild Card play-off at home against the Miracle Milwaukee Brewers. Following the script many Nats fans dreaded, the team’s Hall of Fame-bound ace, Max Scherzer, quickly gave up three runs while the Brew Crew’s storied bullpen kept the offense at bay save a solo homer from National shortstop Trey Turner. Heading into the bottom of the eighth, the Nationals had to face closer Josh Hader (he of the Hader Gotcha), who gives up hits less often than some pitchers give up runs.

Then, as they say, fate took a hand. With one out, uninspiring Nats pinch-hitter Michael Taylor reached first illicitly. A 3-2 pitch from Hader hit the knob of Taylor’s bat and immediately ricocheted onto his hand. It should have been called a foul, but the umpires ruled it a hit-by-pitch, sending Taylor to first base. Hader struck out the next Nats batter, then aging Nats slugger Ryan Zimmerman was called upon as another pinch-hitter. He barely connected with a pitch out of the strike zone, breaking his bat, but his weak “dying quail” bloop dropped in just over the head of the Milwaukee second baseman for a cheap and fortunate single. (On TV, Zimmerman could be seen smiling and shrugging sheepishly.) That meant the tying runs were on base for the Nats best hitter, MVP candidate Anthony Rendon. Hader gave him what is known as an intentional unintentional base on balls in order to face 20-year-old Juan Soto, a left-handed batter. Lefty Hader allowed left-handed batters to hit .143 this season. But young Soto lined a pitch into right center, and Brewers right fielder Trent Grisham, one of the heroes of the late-season Brewers play-off drive, did a Bill Buckner. The single got past him (he was charging the ball in what would have been a futile effort to throw out the tying run at the plate) , and all three runners scored. Incredibly, the Nats now led 4-3. After the Brewers went down in the top of the 9th without scoring, they, and not Milwaukee, moved on to the next round of the play-offs.

Lesson: In baseball, as in life, it is as important to be lucky as to be good. Chaos lurks in every second, and the illusion of control is just that, an illusion. A bad call, a fluke hit, and a horribly-timed fielding botch that the same outfielder avoids 99 times out of a hundred, and so much changed for two cities, two fan bases, and the 2019 post-season, affecting jobs, careers, reputations and commerce.

This is why we should never give up, never despair, and never get cocky. It is also why we should strive to live as ethically as possible. We can’t control whether we win or lose, but we can control how.

1. Again we must ask: when did the Democratic Party decide to abandon freedom of speech?  Yesterday, we learned that Joe Biden’s campaign wants the news media to censor adversary commentary from Rudy Giuliani, while claiming that no one who isn’t a public official is qualified to opine on TV regarding public policy.  Now Senator Kamala Harris, who also aspires to be President, says President Trump should be banned from using Twitter because he  uses the platform in an “irresponsible” way. Harris, in an interview with CNN host Anderson Cooper, also called for “other mechanisms” to make sure Trump’s words “do not in fact harm anyone”—you know, like harming her party’s election prospects by exposing its Big Lies and open coup attempts.

I wonder if the public sees how ominous the repeated Democratic calls for censorship are. Maybe the President will tweet about that.

Of course, the President’s use of Twitter is often irresponsible, but also a necessary end-around media propaganda aimed at unseating him and undermining democracy. It is remarkable that Harris, a Senator and a lawyer, somehow missed  that the First Amendment proclaims the importance of free speech to our society. It doesn’t only endorse the right to engage in responsible speech. I think, for example, that advocating censoring the speech of the President of the United States is irresponsible, but I’ll defend Harris’s right to do it—and my right to conclude that because she does it, she is an ignorant, dangerous fool. Continue reading

Morning Ethics Warm-Up, 10/1/2019: “30 Days Hath September” Appreciation Edition

Welcome October!

 I knew the date without having to check..for once.

Time to express my gratitude to the anonymous composer of the days of the month mnemonic, which I still literally have to sing in my head several times a year.

The earliest English version of the  verse has been traced to approximately 1425. It seems that the initial rhyme began with “Thirty days hath November,” not September, but by the time the little verse was first published in English, in  1562, September had taken over the top spot, and there it has remained. Wikipedia’s entry notes that “it is probably the only sixteenth-century poem most ordinary citizens know by heart.”

1. But by all means, it’s irresponsible to have Rudy Giuliani as a guest on a news program…CNN’s fake media ethics watchdog thought it was appropriate to have Robert De Niro as a guest on his CNN show over the weekend. Why is an uneducated, loud mouth, vulgar actor an appropriate guest? It is because he is guaranteed to delight the Trump Deranged with sophisticated commentary like he treated America with when he appeared at the 2018 Tony Awards, shouting, “I’m just going to say one thing. Fuck Trump! It’s no longer ‘Down with Trump.’ It’s ‘fuck Trump!’”

De Niro never graduated from high school, and has fewer credentials to expound on public policy matters than the average American you could identify by throwing a rock into a crowd blindfolded,. He has repeatedly shattered basic standards of public decorum by going into angry, vulgar, non-substantive rants against the President when invited to stand behind a podium or in front of a microphone. So, naturally, he was a perfect guest for Stelter’s show, and, also naturally, he said, in the course of opining that the President and his supporters were “gangsters” and “crazy” and that “This guy should not be president, period, ““F​uck ‘em. Fuck ‘em!”

A voice from off-set could be heard yelling “Woahhhh!”After all, who could have possibly predicted that the actor would behave on CNN when discussing the President exactly as he has been behaving for years? “This is cable, so it’s not an FCC violation, but it still is a Sunday morning,”  Stelter commented, weasel-like as usual.

Yes, it’s Sunday morning, and you invited a guest who habitually shouts versions of “Fuck Trump!’ in public places while being televised, because you know your audience wants to hear someone say “Fuck Trump.” Continue reading

Evening Ethics Nostrum, 9/30/2019: The “Already Sick Of Impeachment Narratives” Edition [Updated And CORRECTED]

Ugh.

That’s all. Just “Ugh.” That’s all I’m saying about the latest attempted coup today

1. What’s going on here? This time, I have no clue.  Last week,  the U.S. website for  Captain Morgan rum was found to be  asking visitors to check a box confirming that they were “non-Muslim.” The question was quickly removed, but a different question lingers: Why? Why does Captain Morgan care what religion, if any, a consumer follows?

It is not illegal for Muslims (or anyone)  to drink alcohol in the United States, so this appeared to have been related to Sharia law, which does forbid alcohol consumption. . The company swears that “far from being a case of discrimination or an attempt to appease religious zealots, it turns out a technical error was behind the puzzling message.”

That’s obviously a lie: what kind of  technical glitch suddenly starts grilling website visitors on whether or not they are Muslim? Someone deliberately added the box.  There is speculation that the Diageo company, which owns the Captain Morgan brand, was reacting to a  threat from Islamic extremists that violent consequences would befall them if they dared to continue to make alcohol available to Muslims.

That seems far-fetched too, but it’s more likely than a “technical error.”

CORRECTION and UPDATE: There was a lie here, all right, and it was the P.J. Media author Robert Spencer who was the villain. In his article he misrepresented the Metro’s summary of what the Captain Morgan spokesperson said caused the box to appear as the statement itself. This advanced the article’s conspiracy narrative about companies being threatened into enforcing Sharia law, but it was also false. What the company really said was,

Over the weekend, a misconfiguration on our age-gating files for our US Captain Morgan website meant that people were shown our United Arab Emirates age gate window in error. ‘In the United Arab Emirates it is commonplace for alcohol brands to request verification of this kind, in addition to age-gating, in line with UAE alcohol licensing requirements. We corrected this as quickly as possible.’

That made sense, and the mystery is solved. Metro didn’t help by burying that statement after a string of tweets, and I compounded the confusion by not reading the Metro article far enough. A botch all around.

 

2. Well, it was good to get it off his chest, I guess… Last week Tamarac City commissioner Mike Gelin felt he had to mar an awards ceremony, interrupting it and verbally attacking Broward County Sheriff’s Deputy Joshua Gallardo as he was being honored as an Officer of the Month.  NBC Miami reported that after Gallardo and others were honored, Gelin  grabbed the microphone and called out to the officer, “It’s good to see you again. You probably don’t remember me. But you’re the police officer who falsely arrested me four years ago. You lied on the police report. I believe you are a rogue police officer, you’re a bad police officer and you don’t deserve to be here!”

Nice.

Gelin was referring to a 2015 incident where he was arrested  resisting and obstructing  police while they responded to an alleged battery incident. He was not a city commissioner at the time of the arrest and charges were eventually dropped.

The city’s mayor said, in response to Gellin’s outburst, Continue reading

Sunday Morning Ethics Warm-Up, 9/29/2019: Updates, Coincidences And Suspicions [CORRECTED]

The same as what?

I heard this song yesterday for the first time in many years, and immediately wondered how many people  my son’s age (he’s 24) or even older would know what “Spanky and Our Gang” referred to. Then I made the mistake of briefly watching HGTV’s “A Very Brady Renovation” and saw to my horror that all the “Brady Bunch” kids are senior citizens. “Who’s that old lady? OHMYGOD It’s JAN!!!!”

1. Well, it was nice while it lasted...Traffic here increased by about 30% over three days last week after Facebook slipped up and allowed a link to one Ethics Alarms—it violates Facebook community standards, don’t you know— post to be circulated on among users.

2. Here’s a poll on the previous post, about a controversial joke related to the Texas governor’s disability that was made by a female judge. Governor Abbott has been in a wheelchair ever since he was struck by a falling tree almost 40 years ago. Noting that Texas Republicans have opposed proposed environment-minded legislation, “even local tree ordinances,”  the judge quipped to her partisan Democratic crowd, “Governor Abbott hates trees because one fell on him.”

While we’re on the subject of polls, the Ethics Alarms readers were strongly opposed to the course of action discussed here, here, and here, with about 88% holding that a Swedish man should not have allowed a doctor to euthanize his sister despite her past consent to the procedure, because she was resisting.

Continue reading

Contract Cheating: One More Reason College Is A Massive Scam On Our Society

A disturbing article from several perspectives appeared last week in the Times. Titled Cheating, Inc.: How Writing Papers for American College Students Has Become a Lucrative Profession Overseas,”  it contained one ethically troubling paragraph and factoid after another, such as…

  • “Finally, a friend offered to help her break into “academic writing,” a lucrative industry in Kenya that involves doing school assignments online for college students in the United States, Britain and Australia. Ms. Mbugua felt conflicted.”

    “This is cheating,” she said. “But do you have a choice? We have to make money. We have to make a living.”

  • “Cheating in college is nothing new, but the internet now makes it possible on a global, industrial scale. Sleek websites — with names like Ace-MyHomework and EssayShark — have sprung up that allow people in developing countries to bid on and complete American homework assignments.

    “Although such businesses have existed for more than a decade, experts say demand has grown in recent years as the sites have become more sophisticated, with customer service hotlines and money-back guarantees. The result? Millions of essays ordered annually in a vast, worldwide industry that provides enough income for some writers to make it a full-time job.”

  • “A Facebook group for academic writers in Kenya has over 50,000 members…

“…It is not clear how widely sites for paid-to-order essays, known as “contract cheating” in higher education circles, are used. A 2005 study of students in North America found that 7 percent of undergraduates admitted to turning in papers written by someone else, while 3 percent admitted to obtaining essays from essay mills. Cath Ellis, a leading researcher on the topic, said millions of essays are ordered online every year worldwide.”

Yes, I’d say that the statistics cited in the article make the 7% and 3% findings risible.  What do you think are the real numbers? 15%? 20%? If that large a segment of graduating college students have cheated to get by, why is a diploma trusted as a credential? Would you want to be operated on by a doctor with a 20% chance that he or she cheated to graduate from medical school? Continue reading

Afternoon Ethics Tea, 9/26/2019: A Drunk Lawyer, A Disgraceful Congressman, Uncivil Peanut Butter And The Dolls America Needs [UPDATED!]

These trustworthy scones are divine!

1. First, the important stuff: peanut butter ethics. Now Jif, the peanut butter, has joined the detestable ranks of consumer products that deliberately evoke the vulgarity “fuckin'” in its advertising. Booking.com was the first company chided here for this particular offense against minimal civility, when I wrote,

Ethics dictates that one communicates with respect for anyone within hearing distance, and unless ugly words serve a material purpose, using them is not the mark of a good citizen, a good neighbor, or a trustworthy human being. Nor is spouting vulgarity witty, and unless you are 11, and employing obvious code words that sound like curses, epithets and obscenities isn’t especially funny either, since we pretty much exhausted the possibilities at summer camp. I have no idea why anyone would want to recast the culture as a place where professionals curse like sailors and the words “fuck” and “cocksucker” are as likely to issue from a debutante’s lips as those of a hip hop artist, but that seems to be the objective now. … TV stations happily accept money from advertisers using code words for “ass” (Verizon), alluding to sexual intercourse (Reese’s), and evoking the word “shit” (K-Mart and DraftKings).

Booking.com no longer uses this device, but Jif now pronounces itself “Jif’n good!” Fortunately, this peanut butter aficionado regards Jiff as the least of the  national brands and varieties (1. Skippy Natural 2. Skippy regular, 3. Peter Pan crunchy 4. Peter Pan smooth…and Jif, bringing up the rear.

Now I won’t even buy this peanut smutter when it’s on sale.

2. Apparently the mainstream media AND the Democrats are determined to dash what’s left of their rotting credibility to smithereens with this last ditch impeachment push:

  • Today’s “Japanese Bombs Pearl Harbor” size headline across the New York Times print edition: TRUMP ASKED FOR ‘FAVOR’ IN CALL, MEMO SHOWS.” Again, this would be really funny if it wasn’t so destructive.
  • Showing unprecedented lack of respect for the office of President (and proving beyond any doubt that no American who wants fair and objective reporting on politics should tune into MSNBC), the network’s Nicole Wallace cut off the  audio at President’s   first news conference since House Democrats opened a formal impeachment inquiry,, saying,  “We hate to do this, really, but the president isn’t telling the truth.”
  • In Congress, on TV, Rep. Adam Schiff read into the record his “paraphrase” of the transcript of the President’s phone call to the Ukraine President. Sample:

“I’m going to say this only seven times, so you better listen good, I want you to make up dirt on my political opponent, understand, lots of it, on this and on that, I’m going to put you in touch with people.”

“Is he just making this up?” Committee member Mile Turner (R-Ohio) asked. Indeed he was. Althouse’s commenters are having a field day on this. Ann’s readership is ideologically mixed, but you couldn’t tell that from the utter contempt Schiff’s stunt inspired. Continue reading

Ethics Quiz: The Dying Veterans Plea [Corrected]

I know my answer to this one right now, but I’m curious about everyone else, and willing to be convinced that I’m a hard-hearted meanie.

Call this one a “Good Disgraced Veteran” story, in the style of the recent spate of human interest tales designed to make us feel sorry that the law has to be enforced when those nice, noble illegal immigrants break it. In this variation, the object of sympathy is Needham Mayes, who was among the first black servicemen to be stationed at Fort Bragg following  the President Truman’s executive order desegregating the armed forces  seven years earlier. In July 1955, as a 21-year-old private, he walked into a club on the base for non-commissioned officers only.  He was quickly confronted by a sergeant; their altercation became violent, and the sergeant ended up shot and bleeding with his own gun. Mayes was arrested and led away in irons, then court-martialed. He left the Army with a dishonorable discharge.

Now in his eighties and ailing, Mayes wants his dishonorable discharge expunged so he can be buried in a national cemetery. [Notice of Correction: I erroneously wrote “Arlington National Cemetery” in the original version] His argument is that after being kicked out of the Army, he turned his life around and has been an admirable, even exemplary citizen.

In 1978, he earned a bachelor’s degree at Adelphi University, then a master’s degree. He became a social worker and therapist. He worked with organizations that fought drug abuse promoted mental health, and worked to  prevent the spread of HIV and AIDS. In 2009, when  Mayes was 75, he joined the NAACP’s Civic Engagement Committee, and began working  with young men in poor, black neighborhoods, visiting homes and jails, and also seeking out anyone who would listen at large community events. All who know him and his work acknowledge that he has changed lives for the better.

“I am a rehabilitated man,” Needham  wrote in 2017, in an appeal to have his dishonorable discharge converted to an honorable one, “and I hope to have the right to be buried in a national cemetery with my comrades-in-arms.” His request was denied. Now his lawyers are again mounting an effort to have his record cleansed, assisted by Senator Kirsten Gillibrand.

Your Ethics Alarms Ethics Quiz of the Day:

Should Mayes’ dishonorable discharge be upgraded?

As I said above, I know my answer: no.

Stipulated: Needham Mayes has been a positive force in his community and a fine citizen; based on what I know, I have no difficulty concluding that he is an ethical, virtuous, admirable human being. Nothing he has done since his military discharge, however, alters in any way his conduct when he was in the military, or renders his court martial and discharge any less valid than they were in 1955.

What the Times, Gillibrand, Mayes’ supporters and Mayes himself are arguing for is akin to the Ted Kennedy fallacy, which goes like this: Yes, horny, drunken Ted may have contributed to the death of a young woman and participated in a cowardly cover-up, but he went on to be a hard-working and respected U.S. Senator, so all of that should be forgiven and forgotten. Wrong. Ethics and personal responsibility don’t work like that, and life shouldn’t.  Past misconduct isn’t erased by present good works. Its significance in assessing the character and personal achievements of an individual are certainly mitigated and even outweighed by what has come after, but the misconduct remains, and so should its just consequences.

The Times story adds irrelevant factors to its sympathy brief. Meyers is black; black soldiers were court martialed more frequently than white soldiers; he’s old and  dying; this is a dying man’s wish; and the man he shot back in 1955 says that he holds “absolutely no animosity toward Mr. Mayes,” and  is pleased to that he spent his life helping others. That’s all nice, but it changes nothing.

This is sentimental static designed to interfere with a clear analysis. Needham Mayes was discharged dishonorably after an incident that would have had the same consequences whether the soldier was black, white, or magenta.

Burial in national military cemeteries  is earned by a soldier’s service in the military, not by subsequent achievements in civilian life. My father (along with my mother) is buried in Arlington  National Cemetery because he served honorably and with distinction during World War II, not because he was wonderful husband and father. I’d love to know what my father would think about Meyers’ case: we once had an argument about whether a convicted murderer who was a decorated veteran should be buried at Arlington. My position was that if a veteran’s military record qualified him to be buried there, nothing he did subsequently short of treason should change that. My dad disagreed, and maybe he would disagree with me here as well.

Tell me what you think.

Morning Ethics Warm-Up, 9/23/2019: Post Emmys Edition [UPDATED]

I’m kidding; I  didn’t watch the Emmys, have not watched a second of the Emmys in decades, and can’t imaging a greater waste of time than watching the Emmys, and that includes the time I spent watching “Tusk,” the Kevin Smith black comedy in which a madman played by Michael Parks traps a jerk podcaster played by Justin Long and surgically transforms him into a human walrus. I kind of liked it, to be honest.

That’s Billy Porter above, by the way, the first openly gay actor to win a performing Emmy, after the many, many non-openly gay actors who have won over all these years. Making a big deal out of this diminishes his honor, since it suggests that his sexual orientation had something to do with his winning the award. I don’t see any reason why who an actor chooses to have sex with should have any relevance to an acting honor.

[UPDATE: Not that it matters, but the Emmy broadcast ratings hit an all-time low. What? People voluntarily passed up a chance to see actresses use their podium time to lecture about acceptance of trans individuals, and basing industry pay levels on gender  equity rather than value?]

1. Country music’s Jackie Robinson. Ken Burns’ documentary “Country Music,” on PBS now, convinced me that Charlie Pride, the first black country music star, deserves more accolades than he has received, as do the white producers and allies, like Chet Akins, Jack D. Johnson, and Louis Allen “Al” Donohue, who made it possible for him to break that culture’s color barrier.

Inspired by Robinson, Pride resolved as a teen to escape the cotton fields. He played minor league baseball, and sang in bars to make extra cash. Then he was “discovered” by two country music figures and advised to go to Nashville.

It’s an amazing story (why Pride’s life hasn’t been made into a movie, I don’t know). Apparently at the beginning of his career, stations played his records without noting his race. In the documentary, Pride describes a Detroit concert where he was introduced to an all-white audience of nearly 20,000 that roared and applauded when he walked out, and then suddenly became silent when they saw his skin color. Do you think that scene might have inspired Richard Pryor to write this one?

2.  Jerk of the Year? Just being the NFL Jerk of the Year is an achievement (there is so much competition), but Antonio Brown, the star receiver signed by the New England Patriots (in their own bid for NFL Jerks of the Year) after he had jerked his way off his previous two teams, then released after two sexual misconduct allegations against him surfaced, went out in a blaze of jerkness.

Immediately after being ditched by the embarrassed Pats, Brown unleashed a torrent of attack tweets, attempting to position himself as a victim. Continue reading