Nipping A Terrible Idea In the Bud

God bless America.

In policy debates over contentious issues like abortion, national health care, and capital punishment, a common argument, brandished like a flag , is that the United States is out of step with the rest of the world. My reflex reaction to that claim, when I can resist the impulse to say, “Good!”, is to point out that the rest of the world has never lacked for enthusiasms for terrible ideas, and the United States, by going in its own direction, has often been unique, innovative, and right.

Still, a bad idea abroad will inevitably inspire some enterprising social architect here to propose it, and a legislator to try to make it law. Thus, when possible, it is wise to try to identify and reject the most sinister examples of Europe being Europe before anyone here starts trying to play “me too.” In the case of Europe’s current push to create a so-called “right to be forgotten” on the internet, some very effective critics are on the case. Continue reading

Unethical Website of the Month: “Make Presidents’ Day Super”

The degradation of America’s values continues in seductive and incremental ways.

Take the online petition “Make Presidents’ Day Super,” described as…

“A plan to move Presidents’ Day to the Monday after the Super Bowl. For football. For hangovers. For America.”

The proposal is unethical in many ways, beginning with its dishonest presentation.  “We the people, in order to form a more perfect holiday, seek to take what should be one of our most patriotic holidays and actually give it more meaning, make it more American,” the argument begins. Make it “more American”? How, exactly, does moving a holiday that already minimizes the national recognition of the birthday of George Washington by making it a floating annual date to manufacture a three-day weekend make that holiday “more American”? Continue reading

The Lenahan Effect Meets The Streisand Effect

From the Legal Ethics Forum:

The Lenahan Law Firm in Dallas Texas has subpoenaed Google to release the real name of an anonymous critic who posted an un complimentary online review of the firm’s services. The firm wants to sue the poster for daring to question its performance by writing,

“Bad experience with this firm. I don’t trust the fake reviews here.”

For this perceived insult, the Lenahan firm wants to punish “Ben” to the tune of $50, 000 in damages.

Ironically, the lawsuit, rather than the review, proves to my satisfaction that “Ben” has a point. He was clearly expressing his opinion: it is up to him, and only him, whether he regards the experience of working with the Lenahan firm as “bad” or not. In the complaint, the firm says that the declaration that the positive reviews are “fake” alleges dishonesty and fraud by the firm. Utter nonsense. First of all, the allegation, fair or not, is also obviously an opinion. Second, “Ben” is saying that the reviews are fake, which could mean insincere, among other interpretations. He does not attribute them to the firm. He doesn’t say where they came from. He doesn’t know. Maybe I sent them.

On the screen shot included in the complaint, it clearly says that “0 of 3” people found “Ben’s” review helpful. For that, the firm wants $50,000 in damages, since that zero potential client was driven to another firm with his lucrative business.

Unbelievable.

Over at Popehat, lawyer-blogger (and Ethics Alarms 2011 Ethics Blogger of the Year) Ken has been carrying on a vigorous battle against online censorship of free expression by threats and lawsuits. His current target is a ridiculous faux lawyer who is now threatening Ken for pointing out the error of his ways. In his commentary as well as his various emails to the individual, Ken explains with admirable precision why opinions are not actionable assertions of fact, useful passages that I would recommend to the Lenahan Law firm. The firm’s efforts to bully critics by making an example out of “Ben” also unwisely incur the “Streisand Effect,” the online phenomenon by which efforts to censor information on the web has the perverse consequence of giving it more visibility and influence.

I don’t know if there is a name for the effect—“The Lenahan Effect,” perhaps?—by which a law firm’s willingness to pursue a spurious, unnecessary and excessive lawsuit against a former client for expressing his views about the firm’s work has the perverse effect of showing the world why that client feels the way he does, but that’s what the Lenahan lawsuit against “Ben” does.

That’s only my opinion, of course.

Where Should The Alarms Sound For THIS?

I have little to add to the video above, which is nearly self-explanatory. A student took a video camera to the halls of his Washington State high school to quiz  class mates on basic U.S. history, geography and civics. I’m sure—I hope—that the answers shown on the video were atypical, but never mind: they are scary enough.

The blogger Kevin DuJan on Hillbuzz uses the video to attack teachers unions, writing,

As I watched the video above, two thoughts immediately popped into my head:

1. Why do teachers’ unions claim they deserve more pay and endless benefits when this is the result of their “hard work” in the classroom?

2. I honestly can’t remember anyone this dumb in my Catholic high school back in Ohio when I was going to school in the mid-90s. Continue reading

Don Cornelius, Suicide…and Ethics Hero?

“Soul Train” creator and pop culture icon Don Cornelius took his own life at 75 yesterday, using a gunshot to the head to do it. Suicide always conjures up feelings of special sadness for the deceased, sometimes mixed with anger. The act can be cruel and devastating to family members and friends; often it leaves behind crushing problems, financial and otherwise, that the living have to deal with. Suicide is stigmatized in our culture as a coward’s way out of earthly problems; many religions consider it a sin, and many legal systems consider suicide a crime. Yet it may be that American culture will have to undergo a major cultural transformation in the matter of taking one’s own life. While morality tends to ossify, ethics is fluid and adaptable. Changing conditions and new realities can, in rare circumstances, cause societies to conclude that what was once considered right is really wrong, and what was once condemned as wrong is in society’s best interests. I think we may reach that point with suicide. Continue reading

Unethical Quote of the Week: Roxanne Dunbar Ortiz

“Passionate, organized hatred is the element missing in all that we do to try to change the world. Now is the time to spread hate, hatred for the rich.”

—-Roxanne Dunbar Ortiz, a retired professor from Cal State East Bay, addressing a rally this weekend of the Occupy Oakland  group, which fought police in a pitched battle that ended with 400 arrests.

I said that the Occupy movement would end badly, and it is, not that it should have taken advanced psi-powers to divine that a protest based on ignorance, envy and anarchy with no practical and constructive proposals to offer would eventually end in violence, anger and ugliness. Hate is what it has come down to now, and the party and supporters of the President who came to office promising hope are now pinning their hopes on a sad movement fueled by hate. To say that the protests are also unethical is to flog the obvious. They have cost communities millions of dollars that will be made up in cut services; they have soiled parks and public places, they have provided a meeting place for thugs, vagrants, criminals, and worse ( an Occupier was arrested over the weekend for strangling his parents), and they have embodied a cultural rejection of personal responsibility.

Not to mention an escape from reality.“The fact that everyone now talks about the 99 percent, the 1 percent – that shows Occupy’s won,”  Carter Lavin, 23, of Oakland told the press. “The debate was about debt, not jobs. Now it’s about jobs.”

Sure, Carter. Continue reading

The Tragedy of the Poles

This week Gallup announced that the United States public is historically polarized in its ideological views. This is tragic news for the United States, and anyone who wants to know why merely needs to understand the significance of recent emissions from the Stygian depths of the Republican Party and the conservative movement.

Today is the Florida primary, and if rationality reigned supreme, Newt Gingrich would receive as many votes as the write-in total for Pee Wee Herman. Once he was unable to thrill the easily thrillable by making grandstanding declarations against the bias of the media—the equivalent of shooting fish in a barrel—Newt, as always, revealed himself as temperamentally, ethically and rationally unqualified to lead the nation, or, quite probably, a plumbing crew. He made irresponsibly grandiose proposals, like colonizing the moon at a time when the nation can’t afford PBS. He attacked President Obama while simultaneously using Obama’s class warfare tactics to denigrate his fellow millionaire, Mitt Romney. Once a pious advocate of Ronald Reagan’s “11th Commandment” that Republicans should not attack each other, he called Romney a liar, a liberal (which, of course, is much worse than a liar at the Right Pole). He heralded an obscure out-of-date robo-poll as showing that he was running neck-and-neck with the former Massachusetts governor in Florida, when he knows that he has lost ground in the race, as every legitimate poll now shows. He made dark hints that Romney—pssst! He’s a Mormon! Be afraid!—-was biased against “our religions.” He threatened, claiming that he would reject any debate with President Obama that had a moderator from the evil, biased media, an especially ridiculous pledge since the main argument ( facile myth, by the by)  for Newt’s candidacy has been that he would thrive in Presidential debates. And, of course, he whined, claiming that his precipitous fall was the fault of liars, the press, the establishment—anybody but Newt. If there is an ethical value he hasn’t breached lately—let’s see: responsibility, accountability, respect, fairness, prudence, honesty, caring, kindness, process, integrity, loyalty—just wait a while.

In short, Gingrich has behaved as he has always behaved under stress, as the mean-spirited, irresponsible, Machiavellian, untrustworthy, self-centered and destructive man that he is. He was waving a huge phosphorous orange flag reading, “I have no business being President!” for all to see. Thanks, Newt!

But a mind-boggling number of ideologues on the right can’t see it. They refuse to see it, because when you are stuck at an ideological pole, reality no longer matters. What matters is that Gingrich is a conservative, closer to their pole than the ideologically flexible Romney, and any references to Newt’s character are “the politics of personal destruction, ” because, you see, character is irrelevant at the poles. How could it not be? After all, the other pole has people of good character, and they are still wrong. “Annoy a liberal, ” Sarah Palin said on Fox. “Vote for Newt!” Yes, that’s a good reason to vote for presidential candidate—to annoy people you don’t like.

When you occupy an ideological pole, you become incapable of open-mindedness, reason, self-improvement or change. You can’t learn, you can’t absorb new data objectively. Everything is automatically squeezed and distorted to fit a pre-determined construct, or is ignored entirely. Lock-step masquerades as integrity. Reason, consideration, compromise, practicality, prudence—not to mention respect, civility, fairness, honesty and kindness—become impossible. The pole is everything. And lest anyone think that by using Newt-blindness as an example, I am rating one pole as superior to the other, I am not. Watch MSNBC for about five minutes to see what I mean.

Rush Limbaugh has a rant that he trots out regularly about the uselessness of moderates. It is a deceitful rant, because he is evoking images of moderates as people who refuse to fully engage in difficult issues, and whose answer to ever problem is “it depends,” meaning, in most cases, “it depends which opinion I heard last.” He is right that such people are useless in a democracy, except to be manipulated by those with more energy, passion, credentials, visibility, fame or certitude. Those are not really moderates, however, but just pliantly ignorant. They have no idea how to examine an issue, so they don’t—in their case, “open mind” means “empty mind.” True moderates, however, are those fair and rational enough to know that there are no ideological templates that work equally well with every problem. They may generally agree with more conservative or liberal positions, but they know that complex problems involve complex solutions, and artificial rules about what must or must never be done just makes some problems unsolvable. They know that people of differing philosophies and points of view are enlightening, not stupid; essential, not evil. The poles, on the other hand, are great places for the empty minds to hang out..,..there, or at Occupy D.C. The poles provide substitutes for thought. They make it easy. Conservative–GOOD! Liberal—BAD!

Or vice-versa.

Polarization is the antithesis of ethics. It divides populations into warring camps whose objective is to win, not to do good, because the poles preclude objective analysis of what good is. Ethics, on the other hand, presupposes that we are all on the same team, and that doing the right thing requires cooperation, not combat.

The nation desperately needs a transformative leader who rejects the poles…as Peter Wehner describes him in Commentary, a leader who  would “turn the page” on the “old politics” of division and anger; who would call for an end of  a politics that “breeds division and conflict and cynicism.” Such a leader would pledge to help the country “rediscover our bonds to each other”  and to “get out of this constant petty bickering that’s come to characterize our politics.” He would “cast off the worn-out ideas and politics of the past.” We need leader who will proclaim an approach to discourse that is alien to the poles, who will say, and mean it, “I will listen to you, especially when we disagree.”

A man claimed to be that leader; his name was Barack Obama.  He told us that the nation had “chosen hope over fear, unity of purpose over conflict and discord”by electing him.  In his inaugural address, he declared “an end to the petty grievances and false promises, the recriminations and worn-out dogmas that for far too long have strangled our politics.”

And then, without the leadership skills to deliver on his soaring promises and unable to handle the intractable opposition of one pole, he retreated to the other.

But there are no ethics at the poles.

Only doctrine, intolerance, arrogance, hate, blindness…

…and failure.

Let’s Be Clear: Kansas House Speaker Mike O’Neal Is A Disgrace, And He Must Resign

We're praying for you, Mike---to get the Hell out.

Kansas House Speaker Mike O’Neal is refusing to resign his post in the wake of an uproar of his own making. In December, the legislator sent an email to his fellow Republicans asking them to pray Psalm 109,  an unusual and mean-spirited psalm that calls for the death of a leader. The Psalm says, in lines 7-12:

When he shall be judged, let him be condemned: and let his prayer become sin.
    Let his days be few; and let another take his office.
    Let his children be fatherless, and his wife a widow.
    Let his children be continually vagabonds, and beg: let them seek their bread also out of their desolate places.
    Let the extortioner catch all that he hath; and let the strangers spoil his labor.
    Let there be none to extend mercy unto him: neither let there be any to favor his fatherless children.’ Continue reading

Ethics Dunce: Sen. Rand Paul

Sen, Rand Paul, protester.

Sen. Rand Paul, libertarian and Republican U.S. Senator from Kentucky, has a choice: he can be a high elected official of the United States government, or he can engage in civil disobedience. He cannot do both.

Sen. Paul was detained today by the Transportation Security Administration in Nashville, Tenn., after refusing a full body pat-down following an image scan that did not clear him through security. I feel his pain. But a United States Senator must obey the law and cooperate with all lawful activities of the U.S. government and its agencies. If he objects to pat-downs so much, he has the power and influence to wield to try to change procedures and policies. Apparently they were not so burdensome while thousand of other citizens endure them every day.  Now that Sen. Paul is facing a feel-up from a gloved stranger, he is suddenly over-come with principle. Easy for him, too, since unlike us mortals, Senators are exempted by the Constitution from being detained while on the way to work.

For a U. S. Senator to defy a TSA agent who is attempting to keep the skies safe in the manner determined to be appropriate by the U.S government encourages and implicitly endorses defiance by everyone else.  That is a breach of Paul’s duty as a high elected official of the United States.

The Corruption Problem

“Maybe, just maybe, the legislative and judicial systems have been corrupted, by, dare I say it, corporations?”

—Ethics Alarms commenter and OWS warrior Jeff Field, in his comment regarding the weekend post, The Marianne Gingrich Ethics Train Wreck

I don’t know how Jeff reaches the conclusion that the judicial system has been corrupted by corporations. Judges, unlike legislators, do not grow rich as a result of their inside knowledge and corporate connections. Judges, unlike revolving-door Congressional staffers and lawyers, do not generally come from corporate backgrounds. The fact that a judicial decision benefits the interests of some corporations, and many do not, does not mean that the decision was not just or was influenced by more than persuasive legal arguments. Those who believe that begin with the biased and untenable position that any decision that benefits a corporation must be, by definition, wrong.

So let me put that dubious assertion aside as the result of excessive reformer’s zeal and crusader’s license, and deal with the general proposition that corporations corrupt the legislative system, and society generally. Well, sure they do, but the statement is misleading, and, I would argue, meaningless because it places disproportional importance on the corrupting influence of this one, admittedly important, societal force.

Yes, corporations can be corrupting influences. So can government, and the lure of public office. The news media is a corrupting influence on the legislature, and upon society generally. Religion corrupts; as does popular culture, with its celebration of empty celebrity, glamor and wealth. Non-profits and charities are corrupted by their tunnel vision of specific worthy objectives to the neglect of others; the civil rights movement corrupts, as does feminism and all other advocacy efforts, which often, if not usually, succumb to an “ends justify the means” ethic, which is unethical. Indeed, freedom corrupts, as does dependence. Cynicism corrupts, and corrupts with a vengeance. Ignorance corrupts; so does the belief, however well-supported, that one knows it all. Ideological certitude and inflexibility corrupts.

Education, and the cost of it, corrupts. Sports, both professional and collegiate, corrupt people, students, and institutions. Science corrupts; technology corrupts. Heaven knows, the internet corrupts. Leisure and success; triumph and defeat; wealth and poverty, love and hate, desperation, patriotism; kindness, loyalty, sex, lust; intellectual superiority, beauty, physical prowess, passion. Talent corrupts. Kindness and sympathy too.

Self-righteousness. Fear. Worry. Envy. Stupidity. Zealotry.

And, as we all know, power and the love of money.

All of these and more corrupt human beings and the institutions, organizations and governments that they make up. If individuals are corruptible, something will corrupt them, as sure as the sun rises and the quinces ripen. To focus upon any one of the limitless and abundant sources of corruption and to say, “This, above all, is the cause of our problems” is naive and unfair. By all means, we must seek ways to limit the opportunities for corruption and the damage it can do, but we must also recognize that the ability to corrupt does not mean that something or someone does not or cannot contribute much good to society as well. Heroes can corrupt, as we saw in the tragedy of Joe Paterno, but we need heroes. Leaders can corrupt, and often do, but we still need leaders.

Ultimately,  the best way to stop people and things from corrupting us is to understand what corruption is and how easy it is to be corrupted. Our inoculation is ethics, understanding right and wrong and how to recognize both, and learning to recognize when we are biased, conflicted, or being guided by non-ethical or unethical motivations. Shifting the blame for corruption away from ourselves is comforting, but intimately counter-productive. We have the power to resist corruption, just as it is within out power to select public servants who are not likely to be corrupted. It is our responsibility to do so.