This Question to the Ethicist Sends Me to the Wood-chipper

[That would be my foot sticking out. I’m sure my good neighbor Ted would be willing to get me through…or any one of the thousands of people I’ve infuriated over the years.]

You can read Kwame Anthony Appiah’s answer to the most discouraging question he’s ever been asked (my description, not his) if you like. Essentially “The Ethicist” says (I’m counting here), “No, no, no, no, no, no, no, no, no, and no!” As usual the New York Times “Ethicist ” is thorough, but he could have written his response in his sleep, as I could have, and if you’re reading an ethics blog, so could you.

Here’s the question, and hold on to your heads…

A close friend of many years whom I’ve always thought of as an extremely honest, ethical person recently confided in me that she shoplifts on a regular basis. She explained that she never steals from small or independently owned businesses, only from large companies, and only when no small business nearby carries the items she needs. She targets companies that are known to treat their employees badly, or that knowingly source their products from places where human rights are violated, or whose owners/C.E.O.s donate to ultraconservative, authoritarian-leaning candidates, etc.

My friend volunteers in her community and has worked her entire life for nonprofit antipoverty and human rights organizations. While she isn’t wealthy, she is able to afford the items she steals and believes that she is redistributing wealth; she says she keeps track of the value of what she’s stolen and donates an equal amount to charity. She thinks of her actions as civil disobedience and says she will accept the consequences if she’s caught.

When she told me, I thought, Stealing is wrong. But as we discussed it, I realized I was oversimplifying a complex moral issue. Is it wrong to steal food to feed your starving children? What if I stole a legally purchased gun from a person I knew was about to commit a mass shooting? Are those who bring office supplies home from their workplace also thieves? I find myself struggling with the question of whether an individual’s actions are morally defensible if they do more good than harm. — Name Withheld

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When JFK Called Ike: Will We Ever See the Like Again?

For some reason the Kennedy family waited a long time to release this recording; strange, because it reflects well on the sainted JFK. I just encountered it recently.

In the midst of the Cuban Missile crisis in 1962, President Kennedy called former President Eisenhower to brief him on the situation and extract any wisdom he could from his predecessor.

This is how our system is supposed to work, with leaders, officials and politicians interacting with each other respectfully and in the best interests of the nation. Ike and JFK were hardly pals: after the Bay of Pigs fiasco, White House staff reported hearing Eisenhower reaming out Kennedy from behind a closed door.

Nonetheless, this phone call shows two Presidents from opposing parties working together and showing each other the kind of courtesy and civility essential for productive cooperation. Our republic and our culture were healthier then, even as World War III loomed.

Ethics Hero: Lya Battle, “Our Lady of the Strays”

John Hammond, as every fan of Michael Crichton, “Jurassic Park” and dinosaurs knows, built an aspirational cloned dinosaur park on a Costa Rican island, and thanks to chaos theory and “Newman,” it turned out to be a deadly disaster. But the InGen founder wasn’t too far off; he just chose the wrong species. In Costa Rica’s Central Valley and its surrounding highlands, a woman named Lya Battle has been presiding over a farm inherited from her dog-loving father (who shot her mother, but that’s another story) known locally as Territorio de Zaguates (“kingdom of strays”). She and her staff take care of, feed and love nearly 1000 stray dogs, which Costa Rica, like most non-affluent countries has far more of than it does pet dogs. (There are an estimated one million strays.) Lya boasts that she knows the name of every one of them on her farm. Here’s another photo:

Netflix featured the Lya and the Territorio in the second episode of its series “Dogs;” National Geographic has featured her story, and I learned about the amazing dog haven from an old episode of Jack Hanna’s nature series.

Lya’s Territorio takes responsibility for spaying and neutering every new dog arrival. It operates like a typical shelter, providing food and medical attention, except that the dogs run free. The most stunning scene is when all 900-plus dogs “go for a walk,” with staff leading them into the hills and forests in a noisy, barking pack.

You can get a sense of what this is like from this video…

When Ethics Alarms Don’t Sound (or Were Never Installed): Comedian Paul Currie Emulates Michael Richards

What was this guy thinking?

It is decidedly strange for any stand-up comic to decide to emulate Michael Richards, the talented physical comic who played “Kramer” on “Seinfeld.” Richards inexplicably blew up his career and reputation during a stand-up appearance on November 17, 2006, at the Laugh Factory in Hollywood. Richards was annoyed by some heckling from a group of black and Hispanic audience members, and lost his mind, screaming “Nigger!” several times and making other racist references as the audience sat stunned and unamused. His career never recovered, nor should it have. Richards has never adequately explained the incident.

Australian comedian Paul Currie, however, must have been impressed, or something. For his finale to a stand-up show at London’s Soho Theatre, the comedian placed a Ukrainian and a Palestinian flag on the stage and invited audience members to stand and applaud. Hilarious! Wait, no, it had to be a set-up for a gag, right?

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The Super Bowl Produces an Early Nominee For Ethics Alarms “Asshole of the Year”: KC Chiefs Tight End Travis Kelce

Cowabunga! This goes beyond the mere jerkish behavior one (or at least I) expects of NFL players.

Kelce has been getting nationwide publicity because of his romance with superstar pop artist Taylor Swift. He knew all eyes would be on the couple during the annual concussion-fest that is always the most viewed single event network TV offering, the Super Bowl (won in thrilling fashion, or so I was told, by the Chiefs in only the second overtime game in SB history). So how did Kelce, fully aware that his fans young and old would be watching, handle his moment in the spotlight?

You see it above: After the Chiefs lost a fumble in the second quarter of the game, Kelce was seen on live TV yelling in Coach Reid’s face and even bumping him. In any other sport, and usually this one, the disrespectful player would be benched, fined and suspended. One NFL player, seeing Kelce’s outburst, tweeted that if he did something like that, he’d be kicked out of the NFL.

Oh no, it was all in good fun, we were informed afterwards. Even though he embarrassed his coach and taught young NFL and Taylor Swift fans that it’s just fine to treat your superiors, bosses and authority figures like dirt, “sources” on the team assured the media that the player “respects Coach Reid. It’s really just about the passion of the game. It wasn’t anything serious.”

Right. Making hostile physical contact with your boss in front of team mates on national TV is nothing serious. I remember Reggie Jackson doing something similar to Yankees manager Billy Martin in the dugout during a game in Fenway Park, and Martin had to be restrained from attacking Reggie, who was immediately suspended.

But Martin had some self-respect, and Reggie wasn’t dating Taylor Swift, I guess. And Kelce? Asked about his actions, he told ESPN. “I was just telling him how much I love him.”

Ha. Funny.

What an asshole.

To be fair to Kelce, he probably already is suffering from brain damage, so that’s something of a mitigation. He and Taylor shouldn’t worry: Donald Trump is still the odds on favorite to win “Asshole of the Year,” as he usually does.

Here’s a New Way For a Public School Teacher to Be Unethical!

Mario Perron, a middle school teacher at Westwood Junior High School in Saint-Lazare, Canada, has apparently been secretly selling his students’ art projects on the web for his own profit. A pupil stumbled across the teacher’s website with listings for drawings created by the student and fellow classmates in class, and reported the discovery to the school, according to CTV News. The usual investigation is ongoing, but how else would class art projects end up on line being sold for as much as $100? Here, for example, are some of the student drawings being sold on mugs…

Wow. People will buy anything online. The drawings also are being offered on T-shirts and phone cases.

The father of the student who made the discovery told reporters, “I’m extremely disgusted with [the teacher]. It’s extremely, you know, it’s unbelievable…Is this teacher asking for certain types of projects to be done to be able to sell them? Is he asking for these types of portraits to be done so it meets the market?…I’m not impressed with the school, or the school board.”

Perron’s LinkedIn profile says he has been a full-time teacher at Westwood Junior since September 2019 His profile also promotes his personal website, 1-mario-perron.pixels.com, which is where he offered his students’ artwork for sale without their permission or knowledge.

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Pointer: JutGory

Unethical “Journalist” of the Month: Jason Sattler

Ethics Alarms just added “Unethical Journalist” to its categories. I don’t know why I didn’t do this earlier, but the furious “It isn’t what it is” caterwauling from so many mainstream media voices that it is absurd–absurd, I tell you!—for anyone to think that Joe Biden isn’t ready to win “Jeopardy” and recite the Constitution from memory sealed the deal. The spectacle has been as depressing for the public as it is embarrassing for the rotting profession of journalism.

Some sectors managed to barely turn around and accept reality, sort of: the New York Times, after publishing ridiculous denials from Paul Krugman and others, issued an editorial Sunday expressing alarm at the combined effect of the Biden DOJ’s Special Counsel Robert Hur’s 388 page report stating that the President had “diminished faculties” and was a “well-meaning, elderly man with a poor memory.” But even that cry in the dark concluded that Biden “needs to do more to show the public that he is fully capable of holding office until age 86,” a statement that disingenuously implies that Biden has done anything that indicates he can do his job now, much less in five years.” How can he do “more” to show something is true when it is so obvious that it isn’t true? It’s like complaining that public schools need to do more to show that they are unbiased and competent.

And naturally, the Times’ only stated impetus for its alarm was not that having a mentally deficient President is a peril to the nation, but that “the stakes in this presidential election are too high for Mr. Biden to hope that he can skate through a campaign with the help of teleprompters and aides and somehow defeat as manifestly unfit an opponent as Donald Trump.” (Don Surber, a newspaper journalist turned Substack pundit, notes that his old employers, which have seen their circulation more than halved in the last 20 years and opines that newspapers have destroyed their credibility by dropping all pretense of credibility and are doomed. “It is not that the media gets the story wrong; it is that the media seldom admits it was wrong,” he writes.)

Which brings me to “journalist” Jason Sattler.

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From Texas, A “Better Late Than Never” Horror Story

The Texas Monthly story is titled, “The Juror Who Found Herself Guilty.” Its tone is celebratory: a juror who made an unethical decision (though the writer attempts to mitigate it in many ways throughout his article) courageously decided to undo the wrong, and succeeded. Far from being impressed with the alleged ethics hero, Estella Ybarra, I found the story infuriating, and its conclusion that Ybarra should be admired untenable.

The story is in the familiar, long-form format familiar to readers of the New Yorker, Esquire, Vanity Fair and The Atlantic. We are given more details about the lives of all the participants in a drama than we need as well as thick context about every facet of the tale. It can be summarized easily, however, and relatively quickly.

In 1990, when Ybarra was 48 years old, she served on a jury charged with determining the guilt of a Mexican-American man accused of rape. She was the hold-out juror, Henry Fonda in “Twelve Angry Men”; everyone else was certain Carlos Jaile (above) had raped an eight-year-old girl. Ybarra was not: she felt the evidence was thin. There was no physical evidence, the defendant had an alibi, and the main proof of his guilt offered was a child’s eyewitness identification after the fact. But, we are told, Estella was still learning English despite being born in the U.S. (Whose fault is that?) and didn’t understand the justice system very well. (Or that?). As a result, she allowed herself to be bullied into voting ‘guilty’ by the men on the jury, even though she was not at all convinced Carols Jaile was.

She went home after Jaile was convicted and sentenced to life in prison, and wept, we are told. This is supposed to make her seem sympathetic. Later, Estella received a certificate in the mail stating that by serving as a juror and “accepting this difficult and vital responsibility of citizenship in a fair and conscientious manner, you have aided in perpetuating the right of trial by jury, that palladium of civil liberty and the only safe guarantee for the life, liberty and property of the citizen.” Ybarra threw the document into a drawer. She told the writer, Michael Hall, that she thought to herself, “We sent an innocent man away for the rest of his life.”

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Clearly, #MeToo Never Quite Got Its Message Across

Baltimore judge Kevin M. Wilson is facing an ethics hearing in May after a female lawyer accused him of inappropriate and unwelcome touching at a bar association event at the Maryland Club in May of last year. Thecomplaining victim says that when she stopped at a table where Wilson and another judge were seated, she felt Wilson’s hand rub her leg up and down. Two lawyers witnessed this, as well as hearing the complainant tell Wilson that his behavior was inappropriate. The judge moved his hand away, but then, also allegedly, put his hand back on the attorney’s leg, moved his hand up under her skirt, and touched her buttocks.

The event was called “Join Our District Court Judges for Practice Tips on Tap,” so I guess maybe Wilson was just…tapping. 

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Regarding “The Appeaser’s Apology”

In last week’s open forum, there was discussion regarding this incident:

During his testimony in a U.S. Senate hearing on social media and its negative effect on children, Meta founder and CEO Mark Zuckerberg responded to a question inquiring whether he had taken any action to mitigate the problem, such as firing employees, providing compensation to alleged victims or apologizing to the families of people who were harmed by posts on Facebook or Instagram, which his company also owns. In response, Zuckerberg stood up, turned to an audience including parents holding up pictures of loved ones, and said,

“I am sorry for everything that you have gone through. It’s terrible. No one should have to go through the things your family has suffered. And this is why we invested so much and will continue doing industry leading efforts to make sure that no one has to go through the types of things your families have had to suffer.”

Tasked (by himself) with deciding where this statement falls on the Ethics Alarms Apology Scale, commenter JutGory opined,

It almost looks like a Number 8 (A forced apology for a rightful or legitimate act, in capitulation to bullying, fear, threats, desperation or other coercion.), except that Zuckerberg is not apologizing for a rightful or legitimate act. The Legislators were ascribing acts to him when he did nothing.

It also looks like a 10 (An insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply, and to deceive his or her victims into forgiveness and trust, so they are vulnerable to future wrongdoing.), except that, again Zuckerberg is not apologizing for something he did.

I think the Apology Scale needs another collateral entry that does not actually fit on the scale: The Appeaser’s Apology: A forced apology offered in response to a baseless accusation of wrongdoing because the person demanding the apology is too stupid or self-righteous to bother reasoning with.

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