Comment Of The Day: “Ethics Quiz: The Good Hoax?” (2)

rape-on-campus

 

I still can’t sleep.

This is the second Comment of the Day on this October 18 post, a surprise one for Pennagain, since I didn’t even flag it at the time. Again, I’m sorry. I don’t know what was up in October; it also ended with the worst traffic here of any week for more than two years. Obviously, it was a protest over my dilatory posting of the fine work by my commenters.

This one is a triple COTD, made up of three by Penn, who properly raised the specter of Samantha Erdly in the context of hoax research. Erdley is the Rolling Stone journalist who inflicted the “Jackie” tale of an imaginary gang rape at the University of Virginia, an earlier assault of truth and due process by the “believe all women” crowd. (Ethics Alarms covered the episode in a series of posts.). I just re-read Pennagain’s comments, made in a discussion with Alizia Tyler, who earns an assist. Excellent observations, and a valuable assist in making sure this journalistic outrage is never slipped down the memory hole, as so many would love it to be.

Here is Pennagain’s Comment of the Day on Ethics Quiz: The Good Hoax?:

As far as hoax articles appearing in either reputable journals or popular publications (rarely the same thing), if I weren’t an atheist, I would damn them all to hell. What I have in mind as an example that should need no further elucidation here is the piece knowingly published by Rolling Stone that included the false rape stories and statistics responsible for poisoning much of a culture, not to mention its politics….

“In November 2016, a federal court jury found Samantha Erdely was liable for defamation with actual malice” and that “Erdely and Rolling Stone failed to engage in “basic, even routine journalistic practice”

Her background reveals a start in college, when her colleague Stephen Glass ‘threw a righteous fit’ after she and a another student “concocted a funny and obviously made-up travel story” for the school magazine.” [Glass, you may not know, later became nationally notorious for inventing false stories published as factual journalism in the highly respected The New Republic, seriously harming its reputation.] Erdely was obviously already toxic before she left school. If you’re curious, her Wikipedia bio contains descriptions of six other major rape stories she invented out of whole cloth and used to smear real people and institutions, articles that in at least two cases went up for major journalism awards. As a self-appointed expert in rape and bullying, her work went into GQ, The New Yorker, Mother Jones, Glamour, Men’s Health, Philadelphia, among other lesser magazines. She was believed. The more she got away with, the greater the lies she invented … until, after twenty wonderful years of conning millions of people, she got over-confident and lazy, and plagiarized a previous article of her own. Until someone finally noticed that the Rolling Stone piece bore too many similarities to another one to be coincidental.

For twenty years, from Philadelphia to Los Angeles, Seattle to Florida, she built a reputation for being the go-to journalist on the subject of rape. No one doubted her. Witnesses later spoke out using her writing as statistical evidence — women (and so many men who had been falsely accused) and feminists in particular — had absorbed every precious word – even against the evidence of their own knowledge and experience in the times and places Erdely was writing about.

A month ago, September 21, 2018, Rolling Stone was also found “liable for defamation.” It was noted in the case against Erdely that the magazine hadn’t been doing too well before they glommed onto that gem of Samantha, aka “Jackie,” the fictional rapee.

Last week’s headline: WaPo Reporter Is Tired of Being Reminded He Fell for Sabrina Rubin Erdely’s Hate Hoax So Badly He Called for Burning Down UVA Frat Houses

I now amend my description of the poisonous piece: It is a “hate hoax.”

No, Alizia, poisons do not, in general, lead to death. They lead to minor discomfort in some, and major permanent damage in others; some knock you on your ass right away, and some creep insidiously into your brain over months or years. The public remembers things they read and hear. They (I won’t say “we” because I became skeptical reader at the age of 12 after a defamatory article was published in a local newspaper concerning a friend of my family concerning something that happened while I was present and knew to be a lie. I had been visiting one of their children, a classmate, at the time the incident took place, or rather, didn’t take place. My testimony was taken down, along with his, not discounted, but the editor of the paper would not print a retraction because, he said, “we don’t want to confuse our readers; they expect the truth, and that is what we give them.” Our parents wanted that in writing; naturally, he refused.

I am convinced that what is presented in a plausible manner from an authoritative source (which could be the 10 o’clock news or a magazine with a reputation for having its journalistic thumb on the pulse of young America) is frequently taken in without the auditor, viewer or reader later recalling the source. If they didn’t question it in the first place, they not only don’t question it later, but, when challenged, they will deny or dismiss any correction out of sheer embarrassment, egotism, mental laziness or, in the case under discussion, because they want to believe it.

As has been pointed out in Ethics Alarms before, the left, on the whole, has taken the anomalous position of being at once both victim and dictator. Thus, the concept of a Rape Culture is heaven for them: they are, collectively, the injured parties … and the ones who injure, including any who are capable of doing injury, are now at their mercy — via 30-year-old wisps of memory, anonymous join-the-conga-line #MeToo-ers, a casual touch on the shoulder, or a dirty-dirty word in their ears. They feed on lies more than on facts – the truths are painful, but the lies are more … emotional, memorable, dramatic, arousing . . . . They need to feed the addiction even when they know it is poison…

The fact in this matter is that Erdely, falsely or idiotically or crazily or not, believed she was doing something fine and high-minded “for women,” and to alert a deaf public (and via that route influence authorities) that there was “a rape problem” that needed to be addressed. In her mind, the ruining of a single man (or a whole college fraternity) was insignificant in terms of getting her message “out there.”

In other words, her cover (if you will) was in presenting these gross exaggerations as hoaxes. I may have taken you in the wrong direction by quoting the court decisions concerning malicious intent. The articles undoubtedly did “malicious” damage. So where am I? What Erdely believed (and apparently still does) has been shown to be shared by much of the public touched by it — including a proportion of men who don’t understand they are simply seeing themselves as heroic exceptions, or else thinking they are disguising themselves to live in the midst of an Amazonian tribe that wants to cut their balls off (that was an irrelevant side-bar, sorry, I do that a lot, letting off steam). Here’s what happens when someone with a cause and a vague concept of how bad the situation is gets hold of what she thinks are solid statistics, intended as a righteous hoax: https://www.realclearpolitics.com/video/2014/12/06/msnbc_panelist_we_live_in_a_culture_that_hates_women.html

I rest my case.

College Indoctrination: Like Water To A Fish

Over at Campus Reform, the conservative site dedicated to spotlighting left-wing bias on college campuses, reporter Grace Gottschling has been issuing some provocative, if not exactly surprising, reports on the partisan tilt of some schools’ administration and staff. There have been three so far. Most recently, she determined that 98.4 % of University of Missouri administrators and 97.6% of faculty donated to Democratic Party candidates or causes. Previously, her research covered the University of Oregon, where 100% of administrators, and 99.95%  of faculty have donated to Democrats—she found that a grand total $35.17, .0005% of the political contributions of 201 faculty members, went to Republicans—and the University of Texas, where the numbers were 96.1% of administrators, and 93.5% of faculty supporting Democrats.

Gottschling doesn’t say it–her reports just lay out the facts—so I will. It is impossible, literally impossible, for students to receive a balanced, objective and responsible education in institutions with such unbalanced and ideologically uniform campus cultures as these. Culture’s power over human beings has been accurately described as resembling water’s relationship to a fish: it influences everything in the lives of the people in it, often with their never being aware that they are dependent on it and controlled by its limitations. You can choose your own analogies, but active indoctrination into political beliefs and partisan values is hardly necessary when uniform attitudes are all around students, displayed in subtle and not-so subtle ways, every day, all day, in class and out. Continue reading →

Is Continuing Legal Education A “Farce”?

Continuing legal education, or as it is fondly called, CLE, began being a staple of bar membership in most states by the 1980s. The theory is that the law is always changing and new developments in case law and practice resources are essential for lawyers to know about, so in order to keep practicing in good standing, lawyers should be required to take a set number of training hours to keep up with current techniques and information. The practice is also designed to emphasize the law’s position as a self-regulating profession with exemplary dedication to excellence.

AND the new system allows the bar associations to require the purchase of a product the associations themselves develop, provide, and most important of all,  charge for.

Most lawyers, it is fair to say, loathe mandatory CLE requirements. They resent the time and expense, and generally feel that having to take the courses is an insult.

Yesterday a Virginia lawyer named Paul Sherman—he might even have attended some of my courses!–laid out on Twitter his brief that CLE course are a “farce that do nothing to protect the public and impose big social costs.: Right wing blogger and law prof Glenn Reynolds endorsed the screed, calling CLE a scam. I teach about 45 CLE seminars a year on legal ethics, and I’ve spoken on the subject to the CLE providers association, so this obviously piqued my interest.

Here is Sherman’s argument (and by the way, Twitter is a ridiculous platform for extended commentary):

Since I’ve just finished my last Continuing Legal Education class of the year, allow me to say that these requirements are a farce that do nothing to protect the public and impose big social costs. For those of you who aren’t lawyers (who know this already), allow me to explain.

To continue practicing law in the Commonwealth of Virginia, I am required each year to take 12 hours of continuing legal education (4 of which must be live) by Oct. 31. Collectively, Virginia lawyers lose more than 290,000 work hours to CLE every year. Almost every lawyer I know satisfies these requirements in the same way: by buying whatever CLE courses are cheapest, regardless of subject. This is not at all surprising, because competent lawyers already stay on top of developments in their practice areas.E.g., I exclusively practice constitutional law, but this year I took CLE courses in international taxation, asset protection planning, independent contractor compliance, etc. None of these have anything to do with my practice, and the VA Bar does not care!

Consider also the direct and indirect monetary costs. Let’s say CLE packages cost $100. According to the National Consumer Law Center, in 2015-2016, the average attorney in Virginia charged $358/hr. That means the cost of these requirements is almost $4,400 per attorney. The total cost for all Virginia lawyers is about $106 million. Yet, of that, only $2.4 million ends up in the pockets of CLE providers. The rest is just value that has been destroyed. Even if we assume (with extreme generosity) that lawyers would voluntarily pay for 6 hours of relevant CLE each year, you’re still losing $50 million in value per year (which is almost exactly Virginia spends on indigent defense annually). In short, we would all be better off if Virginia ended this farce, abolished mandatory CLE, and instead required every Virginia lawyer to send an extra $100 to the Bar and/or to set $100 on fire.

This seems to have touched a nerve, so let’s make this an actual thing. Contact your state bar (mine is @VAStateBar) and tell them to end the shakedown. #EndMCLE!

Continue reading →

Is There A Rational, Ethical Basis For Giving Illegal Aliens The Right To Vote For Anything?

This isn’t a quiz, because I can’t imagine an answer other than, “Of course not.” And yet…

San Francisco has registered 49 undocumented migrants to vote in school board elections. However, a more pressing controversy may be the amount of money spent on the effort. San Francisco expended $310,000 to register just 49 people in the city. That translates to $6,326 a vote, which is also incomprehensible to me. Why would tax-paying citizens, even those as addled as so many who live in the City by the Bay, tolerate this?

The school board tactic is, of course, an obvious “camel’s nose in the tent” method—also known as the slippery slope— of  gradually getting illegal aliens the right to vote. Women’s suffrage efforts a century ago proceeded the same way, with states allowing women to vote and run as candidates in school board elections. Following the leads of Michigan and Minnesota  in 1885 and New York in 1880, Washington state enacted the School Suffrage Act into law in 1890 allowing women to vote for school boards. But women were citizens, in the nation legally, and these measures were necessary to right a cultural, societal, legal and historical wrong. There is no parallel valid argument that it is wrong to deny non-citizens who entered or stay in this country illegally the same privileges the women’s suffrage movement sought—or if there is, I lack the imagination to conceive of it.

____________________

Pointer: Res Ipsa Loquitur

 

Mid-World Series Hangover Ethics Warm-Up, 10/27/2018: Mike Tyson, Intimacy Coordinators, And The Blackface Teacher Principle

This is how my morning began…

1. To get this out of the way..I watched every  second of every inning on last night’s longest post-season baseball game in history, as any loyal, ethical baseball fan is obligated to do. It was worth it, too, even though my team lost. The game was the sports equivalent of The Odyssey, “War and Peace,” “King Lear,” “The Ring Cycle,” “The Ring Trilogy,” “Nicholas Nickleby” or “The Seven Samurai,” a complex morality and adventure tale that had suspense, disappointment, wonder, exhilaration , humor and tragedy, heroes and villains. Such games reward all of the time and suffering a fan puts into following baseball seriously. It is worth the investment.

Ironically, this epic occurred shorty after the Wall Street Journal published a truly ignorant and idiotic opinion piece called , “Our Insane Ideas to Save Baseball/Baseball has problems. There aren’t enough hits. There are too many pitchers. The games take too long. So we bullpenned our solutions. Are you ready for Strike Four?”

It is a wonderful example of the incompetent variety of criticism I call “Wanting to change what you haven’t taken the time to understand.” I get it: the authors don’t like baseball, and barely pay attention to it., or, in the alternative, they are just seeking clicks. In any event, you can’t argue with people who say that the problem with opera is that it’s too often in a foreign language, or that the problem with hip hop is that it isn’t music, and shouldn’t, or that the problem with our democracy is that people can say things that upset other people. And you shouldn’t argue with them. They don’t respect the topic enough to be educated about it.

2. Of course, baseball games ARE too long, and the overwhelming reason is TV ads, which add about a half hour to every game, and more to post-season games. The disgusting response of Fox is to stick 10 second commercials into a split screen during the game, like between batters. Here’s a slugger walking to the plate in a tense situation, and half the screen is devoted to a quickie plug for “Ralph Breaks The Internet.” I hope fans are burning up social media attacking this greedy new form of broadcast pollution.

3. How is this possible? In a #MeToo Mad era when simply being accused of sexual assault without proof is deemed by even lawyers who should know better as sufficient justification to inflict serious and permanent consequences on the accused, Mike Tyson is the star of an animated TV show, is cast in movies, and is now shopping a TV show, based on the ex-boxer’s life as a marijuana grower and marketer, starring him and called “Rolling With the Punches.” Continue reading →

Ethics Quiz: The Hitler Halloween Costume [UPDATED]

BOO!

From the Las Vegas Review Journal :

An Adolf Hitler costume worn to a community Halloween event in Boulder City by the son of a Clark County teacher raised an uproar that spread far beyond the confines of the “Best City By A Dam Site.” Photos of the costume — consisting of brown pants and leather coat, a red arm band bearing a Nazi-style swastika and a brush mustache — went viral after being posted on social media after the Boulder City Chamber of Commerce-sponsored “Trunk or Treat” event on Saturday.

The reaction was harsh, with commenters’ outrage primarily focused on the child’s mother, identified as Janet Arsanian, and the fact that she is a teacher at Cortney Junior High School.

“Interesting to see a #CCSD teacher pridefully dressing her 13-year-old as Hitler,” wrote one Facebook poster. “These nazi sympathizers are supposed to be educating our kids.”

Wait: dressing your child as a monster or villain demonstrates support for the figure portrayed or his or her habits and conduct? Since when? I dressed up as a pirate in elementary school. Were my parents supporters of piracy? When kids dress up as Dracula, does that mean the parents are blood-suckers? Funny, when kids rang my door bell last year wearing Trump masks, I didn’t think that meant their parents voted for him. Were all those people wearing Nixon masks in the 70s Nixon supporters? I did not know that! Continue reading →

How Can Anyone Honestly Defend Harvard’s Discriminatory Admissions Practices? Especially Harvard?

The federal trial that began last week in  Students for Fair Admissions v. Harvard, featuring  America’s oldest college being accused of discriminating against Asian-American applicants should, if there is justice in the world, both finally kill the lingering bigotry of college affirmative action policies and expose the U.S.’s most prestigious educational institution, and the ideological philosophy that has captured it, as the hypocritical and fraudulent entity that it is.  Does Harvard discriminate on the basis of race? Why yes, it does. There is no valid argument that it does not. Evidence shows that the college ties itself into logical knots concocting ways to justify not admitting Asian-American applicant who would sail into freshman classes were not their race used to undermine their candidacy. The plaintiffs cite reports that Harvard itself conducted  in 2013. The reports, by Harvard’s Office of Institutional Research, found that being Asian-American was negatively associated with being admitted. Harvard claims that it must consider race in order to have a “diverse” student body, which is important, it says, to the quality of education one can obtain there. “Diversity,” however is and has always been a rationalization for discrimination. No matter how affirmative action is framed, the fact is that it is a zero-sum game: for each individual whose race benefits their quest for admission, there is another individual whose race is used as a justification to reject him or her. There is no way of getting around this inconvenient fact, yet Harvard and other elite institutions persist in denying it.  Continue reading →

Comment Of The Day: “A Sudden Impulse Poll On Cultural Literacy”

To all of those waiting to have their Comments of the Day posted, all I can say is that I’m sorry, and that I’m having trouble getting my own posts up lately. The languishing COTDS will appear in unpredictable order, but they will appear.

Extradimensional Cephalopod had, as usual, fascinating observations to convey on the question of the importance of cultural literacy I raised based on a reference to “Alice in Wonderland.” I don’t agree with his position–some cultural scaffolding is permanent, and must be—but it’s well worth pondering.

Here is his Comment of the Day on the post, “A Sudden Impulse Poll On Cultural Literacy.”

Incidentally, a majority of those answering the main poll recognized the quotes, which cheered and surprised me. As for the complaint that the second poll was limited to parents, that was the point. Do parents pass along cultural touch points like Lewis Carroll? Do the schools? That poll was for parents.

I’m eventually planning to write an article about this sort of thing. It’s essentially a concern that we’ll all end up like Ozymandias. (Cultural references can help compress concepts into easily transmissible packages, for better or worse, case in point.) For now, since I don’t have much time tonight, these somewhat disjointed thoughts will have to do.

Is the ultimate fate of all classics to become footnote? To a large extent, yes. As Nassim Nicholas Taleb would put it, fame is in Extremistan. For comparison, Mediocristan is the domain of physical properties, which often follow a normal distribution (e.g. most people are average height, and there are fewer and fewer people at heights that vary more and more in either direction from the average). Fame, however, doesn’t do that. Necessarily you have many people who are known by few and the people with the most fame are few in number.

My perspective on this issue is that everything in civilization is a scaffold. It exists to help us to get to the next place, hopefully a better one, and then it is taken down. This includes even memories, since memory is a resource that culture uses and we only have so much memory to go around, at least in our day-to-day lives. What we remember must have some functional benefit, even if that function is nostalgia. We can learn about the past, but only inasmuch as we enjoy it or as it helps us create the future. Its value is considerable, but can be concentrated more efficiently than having everyone know all the esoteric details of it at all times. Anything about the past that doesn’t help us or make us feel anything can be temporarily forgotten until such time as it becomes relevant again (hopefully before it’s too late for us to use that remembered knowledge). Continue reading →

A Sudden Impulse Poll On Cultural Literacy

I am increasingly depressed by the widespread cultural illiteracy of the public, and not just the younger generations. I do believe it is an ethics issue, because, as Prof Hersch wrote decades ago, a lack of historical and cultural perspective makes competent citizenship, critical thinking and effective participation in society difficult if not impossible. It is a life skill that we all are ethically obligated to acquire, and that society is obligated to help us acquire for its own health and survival.

In a comment today, slickwilly wrote,

You are both mad.”

“Oh, you can’t help that. We’re all mad here. I’m mad. You’re mad.”

“Why, sometimes I’ve believed as many as six impossible things before breakfast.”

It suddenly occurred to me, with horror, that a majority of the public probably can’t identify the origin of those quotes. I wonder how many Ethics Alarms readers can. Here’s a couple of surveys/poll. No cheating, now. You’re on an ethics blog.

Saturday Morning Ethics Warm-Up, 10/13/18: The Mob, Bizarro World, Mid-Air Pedicures, And Robert E. Lee [UPDATED!]

1. Things fearmongers say...A Facebook friend, smart, a lawyer, good guy, wrote this: “The confirmation of Judge Kavanaugh will go down as one of the darkest days of the American experiment.” He really wrote that, and an astounding number of the Facebook leftist echo chamber “liked” the statement. Apparently Kavanaugh is going to resuscitate the Dred Scott decision, Korematsu v. United States, child labor and end women’s suffrage. He’s going to engineer from the Supreme Court chambers the equivalent of the American Civil War, or Pearl Harbor. Right. If Kavanaugh turned out to be a stealth combination of Jack the Ripper, the Marquis de Sade and Dr. Fu Manchu his confirmation couldn’t possibly rank in the top hundred “darkest days.”

That kind of rhetoric is hysterical and irresponsible, an abuse of free speech designed to make gullible and intellectually lazy people irrational and ignorant.

2. “Stop  making me defend Donald Trump…AND Robert E. Lee!”  Last night, as President Trump was speaking in front of a rally, NBC News tweeted out,

WATCH: President Trump says “Robert E. Lee was a great general” during Ohio rally, calling the Confederate leader “incredible.”

A few points to note on this: How is that observation and opinion news by any definition of the word? Lee was regarded as a “great general” well before the Civil War: that’s why Lincoln offered him the  command of the Union army when the war started. There are many, many books written by military experts that express and justify that assessment. Ghengis Khan was also a really great general, along with Julius Caesar and Curtis LeMay. This is a rare variety of fake news, joining more common varieties that have become routine of late like potential news, future news and psychic news,called past news, a new oxymoron. As for “incredible,” this, everyone conscious should know by know, is generic Trump-speak like “great,” “tremendous,” and “sad.” Who knows what it means here? It doesn’t mean Lee was an incredible human being, or at least there’s nothing in the context of NBC’s tweet that suggests that. He had an incredibly good beard for that period, at least compared to say, Longstreet, who looked like a member of ZZ Top. He was incredibly conflicted over which side to fight for. He had incredible guts.

Incredibly, though not really, because the mainstream news media has established that there are no depths to which it will not stoop in its unethical bias and incompetence, NBC tweeted that to bolster the long-running false narrative that President Trump is a racist, which he must be to extol Robert E. Lee,  the object of a particularly vile historical airbrushing and statue-toppling movement, a part of the Left’s Orwellian indoctrination and mind control effort as it slowly but surely embraces totalitarianism.

But if one actually knows the context of Trumps’ remarks, he was not praising Lee, though there is no reason why he shouldn’t, but making the point that despite Lee’s credentials and reputation, it was unheralded Ulysses Grant, denigrated as a joke when the war started, who defeated Lee. Trump was, as he usually does, talking about himself, and NBC’s tweet was intentionally misleading, and just more pandering to Trump-haters, attempting to further divide the country.

3. Floss! Floss! One of the very first posts on Ethics Alarms was about the ethics of people flossing their teeth in public. Having read this story, about a woman who began giving herself a pedicure during an airplane flight, I hereby officially proclaim that the conclusion in that post applies:

Manners and public etiquette are always evolving, and society determines what it will and will not endure. The passive, “mind your own business” theory always espoused by the least respectful, rudest and least considerate among us is a prescription for an endless deterioration in the quality of public life, and a greased slide into culturally-endorsed bad conduct. Every citizen has an obligation to his and her community to confront conduct that he or she feels does not belong in public, confront the offender, and support others who do so. Doing otherwise is not “minding one’s business,” but endorsing and entrenching bad conduct, abdicating the public duty of cultural preservation.

On a related note, there’s this.  Continue reading →