Education

Morning Ethics Warm-Up, Sort-of Veterans Day, 2017:

/ Jack Marshall / 28 Comments

Good Morning!

1 I had to fix the title: today is being observed as Veterans Day by banks and other institutions, but it isn’t Veterans Day. Phooey. If a holiday is observed on a certain date, then in my terms, that is the holiday. No wonder the country is fatally confused all the time.

2. Well that was fast! I see that I have to write a “Stop Making Me Defend Roy Moore!” post. Yechhh.  The Left’s shameless virtue signalers are out in force representing a slug who repeatedly failed in efforts to date teens 40 years ago as a menace to womankind. Oddly, many of these same white knights dismissed Bill Clinton using an intern half his age as a sex toy in the Oval Office as “just sex.”  How can these people stand to be in the same room with themselves?

3. Former Vice President Joe Biden said in an interview with Oprah Winfrey that he believes he was the most qualified person to be president in 2016.

Yechhh. This is right up there with a losing team saying it was really the best team, but even worse. It’s like defaulting the decisive game because it’;s chilly outside, and making that claim.

“Oprah, no woman or man should announce they’re running for president unless they can answer two questions,” Biden told O. “One, do you truly believe you’re the most qualified person at the moment — I believed I was.” He did? That in itself disqualifies him. Joe Biden has never held an executive position in his life. Being Vice-President is relevant experience, for sure, although Biden hardly covered himself with glory during his tenure. Joe is also not the sharpest knife in the cutlery set, to be nice about it. He’s been caught plagiarizing speeches. He says jaw-droppingly dumb things almost daily. Is self-delusion a qualification?

Sure, Joe was preferable to Trump or Hillary: I would have held my nose and voted for him. He’s right to say he was better qualified than those two, simply because he’s not corrupt and has at least a rudimentary concept of right and wrong. Being better than those too doesn’t make him “the most qualified” that’s Biden’s weak mind at work. Jim Webb, to name one of many, had (and has) far stronger leadership qualifications. One of those qualifications is courage, which in Biden’s case meant having the guts to step in a try to take the nomination from Hillary Clinton. Biden had a duty to do this, but when it came down to action, he ducked.

Disqualified.

4.  Can there be any more blatant Ethics Dunces than LiAngelo Ball, Cody Riley and Jalen Hill, the three freshmen on the UCLA men’s basketball team who apparently shoplifted Louis Vuitton sunglasses  in the Chinese city of Hangzhou? UCLA is in China for a week-long visit as it was scheduled to open its season in Shanghai this weekend against Georgia Tech. The three players are now out of that game, and it is even in doubt whether the game will take place at all, since the UCLA team is confined to its hotel. The Three Dunces could be months away from returning home as the legal process in their case plays out. If they were Chinese citizens, they would be facing prison.

<gag!><ACK!><arghhh!> This is embarrassing to the whole country, not to mention UCLA and its basketball program. Of course, Big Time college sports breed and nurture such  arrogant, entitled, sociopathic conduct. Is it possible that all the players were not instructed in the dos and don’ts of traveling in not just a foreign nation, but in a Communist power looking for ammunition to wield against the U.S. in the diplomacy wars? Oh, sure it’s possible. I wonder if the players were also told not to take a knee when they played the Chinese national anthem.

Shoplifting? Do the players shoplift at home, or is this just something they think is appropriate in China? My guess is that there will be some deal-making to get the players home, and then let’s watch carefully what happens to Ball, Riley and Hill. This will be an integrity test for the NCAA and the school.

If they don’t flunk it, I will be stunned. Continue reading →

KABOOM! Brandeis Cancels A Play About Political Correctness Because Students And Faculty Protested That It Wasn’t Politically Correct

/ Jack Marshall / 18 Comments

I do want to thank Curmie, our esteemed drop-in commenter who is a drama teacher and chronicler of ethics outrages from the world of education, for ambushing me with this head-exploding story from Brandeis University. And my head had been doing so well.

Playwright Michael Weller had received a Creative Arts Award from Brandeis, and when he wrote a  a play, “Buyer Beware,” that satirized the political climate on U.S. campuses the University scheduled it to make its premiere there. The satire concerns a student who discovers the works of  iconic 50s era comedian Lenny Bruce, and attempts to stage a  production in the spirit of the taboo-challenging comic. The production offends  students affiliated with the Black Lives Matter movement, as well as the Brandeis-like university, which worries that the controversy will offend a crucial donor. The script, channeling Bruce (think George Carlin but more abrasive, and not as funny) called for a white character to use “nigger” in several instances. The play quotes Bruce’s famous manifesto against strictures against mere words: “Imagine if we just kept saying these words over and over again, sooner or later they’d become meaningless noise.”

Without reading the script, it appears, so many students protested that Brandeis administrators, proving that their spines and principles were noodle-flexible, capitulated and cancelled the production, when the statements of the protesters should have made it obvious that such a play was desperately needed. For example, Andrew Childs is an Undergraduate Department Representative for the Theater Arts Department and a member of the season’s play selection committee, told the student newspaper,

“The issue we all have with it is that [Weller] is an older, straight…, able-bodied and white man. [ Wait! Isn’t it okay to be white?] It isn’t his place to be stirring the pot.”

What are they teaching at Brandeis? Only certain genders and races can “stir the pot”? Continue reading →

Ethics Quiz: “The Stickering”

/ Jack Marshall / 58 Comments

More than a dozen handmade stickers reading “It’s okay to be white” were posted around overnight in Harvard Square earlier as well as around the nearby Harvard Law School campus.

Law School Dean of Students Marcia L. Sells, who is black, wrote an email to law students in the wake of what Stephen King might call “The Stickering”:

“It seems likely that these anonymous postings, made in the middle of the night, were provocations intended to divide us from one another HLS will not let that happen here. We live, work, teach, and learn together in a community that is stronger, better, and deeper because of our diversity and because we encourage open, respectful, and constructive discourse”

Your Ethics Alarms Ethics Quiz of the Day—and watch your step!—is…

Do you think posting the stickers was unethical? Do you think the Dean’s response was responsible?

Continue reading →

Ethics Quote Of The Week, And A Few Related Diversions

/ Jack Marshall / 34 Comments

My son is named after this President, incidentally.

The quote itself is by Ron Chernow, the historian who authored the recent well-reviewed biography of out 18th President, “Grant,”  “Hamilton,” the biography that inspired, we are told, the mega-hit musical. and “Washington” (won’t somebody send a copy to the fools at Christ Church?) was given to an interviewer as his description of another book, the Philip Roth’s historical novel  “The Plot Against America”:

[A] democracy can be corrupted, not by big, blaring events, but by a slow, insidious, almost imperceptible process, like carbon monoxide seeping in under the door.

Some random thoughts on this statement, which I believe is exactly right, and a lot more interesting than the more frequently used analogy about boiling a frog slowly:

  • Grant, as Chernow’s book (among others of recent vintage) documents, was present at one of those points when democracy seemed to be in the process of being poisoned, and acted forcefully.

By 1868, when Grant was elected to succeed Andrew Johnson, who had done everything he could to allow the South to resist extending civil rights to the newly freed slaves, the KKK had evolved into a powerful terrorist organization that referred to itself as  “The Invisible Empire of the South.” Under the  Klan’s first  “Grand Wizard,” the brilliant former Confederate cavalry general  Nathan Bedford Forrest, whites from all classes of Southern society joined the Klan’s ranks. They attacked and punished newly freed blacks for crimes like  behaving in an “impudent manner” toward whites, brutalized the teachers of  schools for black children, and burned schoolhouses. It also terrorized and often murdered Republican party leaders those who voted for Reconstruction policies.  In Kansas over 2,000 murders were committed as the 1868 election approached; in Louisiana, a thousand blacks were killed in the same period.

Grant entered office knowing that the Civil War victory could come apart. He made some bad appointments–Grant was naive about politics and trusted too easily—but his choice as Attorney General, Amos T. Akerman, was masterful. With Grant’s support, and the with the help of the newly created Justice Department under Grant, he vigorously worked to enforce the Fifteenth Amendment, which gave the vote to black men in every state, and the First Reconstruction Act of 1867, which placed tough restrictions on the South and closely regulated the formation of their new state governments. Between 1870 and 1871, the Republican Congress passed and Grant signed into law the Enforcement Acts, which made it a crime to interfere with registration, voting, officeholding, or jury service by blacks. Congress also passed the Ku Klux Klan Act, which allowed the government to act against terrorist organizations.

  • When I was growing up and becoming interested in the Presidents, a life-long passion that led me to both law and ethics, Grant was routinely listed as one of the worst in the line. All one heard from historians was about the financial scandals that rocked his administration. Grant’s great success in subduing the Klan was literally never mentioned. The main Presidential historian then was Arthur Schlesinger Jr., a member of Jack Kennedy’s inner circle. His job as he saw it was to minimize the contributions of any Republican President, like Teddy Roosevelt (“near great” in his rankings), Eisenhower (“below average”) and Grant (“failure’). Meanwhile, Woodrow Wilson, who dragged the U.S, into the first World War, botched the Versailles Treaty and who actively revived the Klan, being a stone-cold racist, was “great.” Naturally, I believed all of his distortions, which were largely those of the historians at the time, then, as now, often partisans and propagandists. It took me a while to realize that this had been my first encounter with the Left attempting to alter present perception by controlling the past.

That is one of the major sources of Chernow’s carbon monoxide today, except that the disinformation now emanates from the schools, colleges, and the news media. Continue reading →

Morning Ethics Warm-Up, 10/29/17: What’s Really Wrong With Single Payer, Incompletely Remembering Charles Kuralt, And Dana Milbank Boards The Ethics Train Wreck

/ Jack Marshall / 8 Comments

(This is my favorite Arthur Sullivan hymn, even more than “Onward Christian Soldiers”…)

GOOD MORNING!

1 CBS’s “Sunday Morning” had a feature today on the late Charles Kuralt, the original host of the show, famous for his feature “On the Road” in which Kuralt visited “the real America,” meeting locals and revealing regional lore to the rest of the country. At the end of today’s segment, CBS bemoaned the fact that Kuralt, who died 20 years ago, was virtually forgotten, even among journalists if they had no grey in their hair.

This is an example of a larger crisis, cultural illiteracy, that often occupies my thoughts. The blame lies with our inadequate schools and its under-educated teachers, as well as popular culture. Barely knowing anything about George Washington, the root of the previous post, is an existential problem, but only slightly more dangerous are the multiple generations whose member can’t name ten U.S. Presidents, don’t know the dates of the Civil War or who the US defeated in World War II, and who have never heard of Jackie Robinson, Clarence Darrow, Brown v. Board of Education, Eugene McCarthy, Ingrid Bergman, or Lucille Ball.

CBS, however, was indulging its own special breed of disinformation by lionizing Kuralt. Yes, I remember well his plummy voice and avuncular style. I also remember, as CBS would have us forget, the fact that after his death it was revealed that being “on the road” allowed Kuralt to maintain one family in Montana and another, his official one, in New York City. His innovative proposal to CBS to fund his trek back and forth over the contiinent facilitated his betrayal of his family. Kuralt was a sociopath.

2. The most significant ethics story of recent weeks that I have thus far neglected was the announcement that Great Britain’s National Health Service will ban patients from surgery indefinitely if they are obese or smoke. Non life-or death operations, like joint replacements, will be put on hold  until such patients conform to the governement’s life style requirements

Obese patients “will not get non-urgent surgery until they reduce their weight” unless the circumstances are exceptional. Smokers will only be referred for operations if they have stopped smoking for at least eight weeks, with such patients breathalyzed before referral.

When the newly radicalized and Bernie-ized Democratic Prty going all-in for single-payer next year, this cautionary tale needs thorough debate. When the government controls health care, it has the power to constrict personal liberty. The British were horrified by this latest development, which can only be described as the other shoe dropping. What did they expect?

Of course, a party that controls a government that can withhold surgery until citizens conform to mandated life choices would never use that same power to demand other behavior from citizens. Or  assign priorities for surgical procedures to favored groups and constituencies.

Keep telling yourself that. You’ll feel better. Continue reading →

Being Fair To Elizabeth Warren: An Ethics Challenge

/ Jack Marshall / 10 Comments

It appears that Senator Elizabeth Warren may have blundered into another ethics controversy.

On  a Harvey Weinstein-themed segment of “Meet the Press,” Warren declared that she also had a  #Me Too” story to tell. As she related the memory to host Chuck Todd…

“I was a baby law professor and so excited to have my first real teaching job and there was a senior faculty member who would tell dirty jokes and make comments about my appearance. And one day he asked me if I would stop by his office, which I didn’t think much about, and I did, and he slammed the door and lunged for me. It was like a bad cartoon. He’s chasing me around the desk trying to get his hands on me and I kept saying ‘You don’t want to do this. You don’t want to do this. I have little children at home. Please don’t do this…and trying to talk calmly, and at the same time what was flickering through my brain is, if he gets hold of me, I’m gonna punch him right in the face.”

Jeffrey T. Kuhner is the host of “The Kuhner Report” on WRKO AM-680 in Boston. I know the station well, having grown up listening to it. Kuhner is not an admirer of Warren, to say the least, and decided to try to check the veracity of her “Me Too” tale. His conclusion: she’s lying. Kuhner writes on his blog:

The faculty member Warren is referring to is law professor Eugene Smith, who was her mentor and close friend at the University of Houston. The reason we know this is because at Smith’s memorial service in 1997 Warren recounted and spoke about the incident. But the account then was dramatically different. In fact, the very opposite.

According to Warren, Smith was her buddy and they were joking around in the office, in which she was laughing uproariously. Numerous witnesses say that, even when speaking at the memorial service, Warren laughed about the alleged incident. Which begs the question: Who cracks jokes about being sexually assaulted? Unless, of course, it never happened.

More importantly, Warren conveniently—and deliberately—left out a seminal fact: Smith suffered from polio. That’s right. He was unable to walk or move around without a wheelchair or crutches. According to his former colleagues, Smith’s polio was so severe they felt pity for him.

Warren herself, while trying to be humorous at Smith’s memorial service, inadvertently revealed how utterly disabled he was. She told a second story about when Smith took her to the faculty lounge for lunch. Smith ordered a steak. After it came, he then pushed the plate towards Warren, asking her to cut it up for him. “Can’t you see I’m a cripple?” he allegedly told her. “Sure. But I thought you knew that when you ordered the steak,” Warren retorted, which she says made him laugh.

The real point, however, is obvious. How does a man who is—in Warren’s words—a “cripple,” unable even to cut his own food (never mind walk), chase a woman repeatedly around a desk seeking to sexually assault/rape her to the point that she is so terrorized she is wondering how to escape though the door? The answer: It’s impossible. This is why many of Smith’s former colleagues say that, although they recall the incident, it was dramatically different from how Warren is describing it now. According to them, it was one big joke. Smith pretended to chase her around the desk, and Warren pretended to be shocked and outraged.

Moreover, in 1997, Warren was then a law professor at Harvard. If she had really been assaulted by Smith, then why did she travel all the way to Houston, deliver a glowing eulogy and praise Smith for his “character” and “moral integrity”? A woman who was truly sexually abused or harassed would never have done it. In fact, she would want nothing to do with him. Warren, however, did do it because she wanted to do it. She liked, even admired, Smith.

From this, Kuhner concludes,

“Warren may be the most depraved, cynical and mendacious member of Congress—and that’s saying something. Think about it: She is willing to smear the memory of a dead, disabled friend in order to win votes and prop up her feminist image.”

Continue reading →

Why Ethics Alarms Don’t Ring: The Gloucester PTO’s “Don Trump” Gravestone

/ Jack Marshall / 20 Comments

In Gloucester, Massachusetts last week, the parent-teacher organization hosted a Halloween themed fundraiser at West Parish Elementary School.   One of the parents was thoughtful enough to bring a bean bag toss game that featured fake tombstones. One of them had the familiar name “Don Trump” on it. Hilarious! And so clever…

Surprisingly, at least to the thoughtful parents and the host who didn’t have the sense to say, “Cute! But you know we can’t display that…”, not everyone present, even in the Bluer than Blue Bay State of my birth, revels in the thought of the President of the United States dying in office.  Several  parents took photos of the fun game, and sent them to Massachusetts Republican Party committeewoman Amanda Orlando Kesterson, who shared one of the them on Facebook along with a searing post, which read in part,

“I find it absolutely despicable that the PTO of one of our local elementary schools would bring this political agenda before our children. The parents or teachers responsible for this disgusting display should claim responsibility publicly and apologize publicly as well. … We should teach our children that the office of the president ALWAYS deserves respect. Our school system is not the place for nasty political agendas.”

One question that puzzles me: did they object to the fundraiser organizers before sending the photos? That would be the ethical course. There’s nothing wrong with ring those ethics alarms by hand if they are stuck.

After the controversy erupted into the news media, the school principal, Dr. Telena Imel, apologized in a letter to parents, saying

“Intentionally or not, it inappropriately brought a political agenda into what was designed to be a fun family affair. Our school, and this includes school events sponsored by related groups, is not the place for politics. In planning future events, it will be made clear to organizers that school is not the place to engage in or to display political agendas or opinions.”

Oh, I think it’s fair to conclude that it was intentional.

The parents responsible for the  game  apologized, as did Gloucester’s mayor, who said in a statement, “The City of Gloucester does not condone political messaging within our schools.”

There is no other way to describe this incident except as a mass ethics alarms malfunction, one that is overwhelmingly afflicting Democrats. (Okay, one more question: Did any Democratic-leaning parents see what was wrong with the Dead Donald reference?) I am old enough to remember the assassination of Jack Kennedy, a Massachusetts native son. I can’t imagine anyone in my state not recoiling at any hint of a casual or satirical reference to another President’s death, even Nixon, and Mass was the only state that voted for George McGovern.

We almost had another assassination  when two crazy women took shots at Gerald Ford, and then one more near miss, when a sick Jodie Foster fan somehow thought killing Ronald Reagan would entrance her. When did this ethics alarm get broken, and how? The gravestone of the current President being presented as an appropriate Halloween decoration in an event with children present? Hosted by a parent-teacher organization? No alarms? Not even faint ringing? In Massachusetts, where everyone once knew “Abraham, Martin and John” by heart?

The alarms didn’t ring in part because teachers began thinking that indoctrinating children in their own political views became accepted practice during the Bush administration, as schools started showing Al Gore’s climate change agitprop in class. The Bush administration wasn’t behind the trend, but the Obama administration encouraged it, especially during the Post Sandy Hook anti-gun freak-out. Teachers were punishing kids for finger guns and biting pizza and pop tarts into pistol shapes even before that.

Still, the “It’s not good citizenship to joke about killing the President” alarm was functioning even if the “Don’t indoctrinate kids in partisan politics” clapper had been covered in bubble-wrap. Then the nation’s voters had the audacity to reject an awful, corrupt and dishonest Democratic Party candidate whose campaign had included calling anyone who opposed her a sexist, and anyone who voted for her opponent as “deplorable,” as well as promising that she carry on the policies of that wonderful President who had so thoroughly divided the nation in eight years that someone like Donald Trump—well, not just like him, but him— had been nominated to run against her. Suddenly the very same people who had lectured Trump and Trump supporters about how in the U.S., after an election, no matter how contentious, good citizens always put down their placards and unite behind the winner, validating and honoring American democracy and the wisdom of the people and our system of selecting leaders, did a back somersault reminiscent of Nadia Comanici her prime, and declared, in demonstrations and boycotts and calls for various means of undoing the election,  that this President didn’t deserve that deference and respect.

Then various voices in the party made vague and not so vague references to how nice it would be if someone “took out” the President. (That’s Maxine Waters’ term.) After the Charlottesville riots, Missouri state Sen. Maria Chappelle-Nadal—I wonder what party she belongs to?–went on her personal Facebook and said to a commenter, “I hope Trump is assassinated!”

The main pro-Trump death chorus, however, came from that saintly community that is always doing yeoman service as the culture’s moral exemplar, the entertainment business—you know, where Harvey Weinstein and the cool, beautiful, progressive people hang out. Madonna told an audience, “Yes, I’m angry. Yes, I am outraged. Yes, I have thought an awful lot about blowing up the White House. But I know this won’t change anything. We cannot fall into despair.” Johnny Depp told another throng, “This is going to be in the press and it’ll be horrible. But I like that you are all a part of it. When was the last time an actor assassinated a President?” Rapper Snoop Dogg remixed  “Lavender” by Canadian band BadBadNotGood adding a clown-clad version of President Trump called Ronald Klump, and showed him being  shot with a toy gun.

Last summer, New York’s acclaimed Public Theater staged a version of William Shakespeare’s ” Julius Caesar” in  Central Park with the crowd-pleasing gimmick of portraying Julius Caesar as a Trump clone. The audience cheered as he was assassinated in an on-stage blood bath. And, lest we forget, there was this:

All in good fun, of course!

Thus are once functioning ethics alarms silenced.

Now read the comments to Ms Kesterson’s Facebook post.

Morning Ethics Warm-Up, 10/22/2017: My Unfair College Admission, U. Penn’s Bigoted Grad Student, Fox News Imitates The Weinstein Company, And THIS Is An Unethical Lawyer…

/ Jack Marshall / 89 Comments

Good Morning!

1 Yesterday’s ethics  bombshell was the news that Fox News extended its contract with star bloviator Bill O’Reilly earlier this year, knowing that he had agreed to a $32 million settlement with a woman who accused him of  repeated harassment, a non-consensual sexual relationship, and other offenses. Nonetheless, it decided  it decided to sign him a four-year, $25 million a year, contract extension. The New York Times scoop reported that Rupert Murdoch and his sons,  decided that it was worth it to keep O’Reilly even as Fox News was trying to recover after having to fire Roger Ailes for multiple sexual harassment claims. Fox added to the O’Reilly’s extension a clause that allowed for his dismissal if new allegations of harassment or other relevant information came out regarding the previous accusations.

Boy, am I glad that I didn’t lift my personal Fox New boycott after O’Reilly left.

This is unconscionable conduct by Fox, equal in its slimy ethics void to what the Weinstein Group did when it acknowledged its founders sexual predator proclivities in his contract. Fox News, by keeping O’Reilly knowing that he had harassed its employees (and worse),

  • demonstrated to its staff that it cared more about ratings and profits than principles and the safety of its female employees and guests
  • sent the message that if you were a big enough cheese at Fox you can get away with abusing women
  • proved that the sick and sexist culture nurtured by Roger Ailes from the beginning was still flourishing.

Ugh. But I can’t say I’m surprised. [Mr Kimble (Alvy Moore) on Green Acres: ” I can’t say I’m surprised. Actually, I can say I’m surprised. I’m surprised! But I’m not surprised.”]

How many other companies tolerate sexual harassers in their executive offices outside of Hollywood? A lot.

O’Reilly, demonstrating again that he is a liar as well as as a sexual predator, absolutely denies that he ever harassed anyone. He needs better lawyers, then. Harvey Weinstein paid off an actress he raped for just $100,000, and poor Bill had to fork over 32 million bucks for something he didn’t do!

2. This morning’s “Wait—WHAT?” ethics headline is this one, from the ABA News: “Lawyer who blamed ethics case on mother can’t discharge $500K in student debt, federal judge rules.”

Illinois lawyer Donald Rosen argued that his three-year license suspension for misappropriating over $85,000 in client funds made it impossible to find appropriate work and so should be allowed to discharge his $500,000 student debt. (How did he end up with a $500,000 student debt?). ‘Uh, no,’ ruled U.S. District Judge Rebecca Pallmeyer, perhaps because Rosen had paid only about $11,000 in student debt over the previous 37 years.

Why did Rosen blame Mom? He claims his 82-year-old mother, who worked at his firm, inadvertently used client funds to pay business expenses.  Rosen said his mother was embarrassed by her actions and falsified bank statements to cover it up. Then, Rosen says, he innocently provided those fake bank statements to police and the hearing board considering the ethics case against him.

3. How can this happen? Why is it happening? Who defends this? How long will it continue? Continue reading →

The NFL Is In Ethics Zugswang, But It’s For A Good Cause

/ Jack Marshall / 42 Comments

Remember this, the essay a University of North Carolina athlete submitted to one of his courses—he got an A—leaked to the news media in 2014?

On the evening of December Rosa Parks decided that she was going to sit in the  white people section on the bus in Montgomery, Alabama. During this time blacks had to give up there seats to whites when more whites got on the bus. Rosa Parks refused to give up her seat. Her and the bus driver began to talk and the conversation went like this. “Let me have those front seats” said the driver. She didn’t get up and told the driver that she was tired of giving her seat to white people. “I’m going to have you arrested,” said the driver. “You may do that,” Rosa Parks responded. Two white policemen came in and Rosa Parks asked them “why do you all push us around?” The police officer replied and said “I don’t know, but the law is the law and you’re under arrest.

I think about this when I’m reading manifestos from pro football players who think the on-field protests that they can’t adequately explain are vital to national discourse. The protests aren’t, and the protesters aren’t. All of the articles about how protests are inherently patriotic are revealed as lies when the protests they are extolling are this divisive, this costly, and this pointless. The Kneelers are almost entirely filthy rich, maleducated, pampered, narcissist dead-heads whose critical thinking skills are infantile, and whose literacy is dubious. What entitles them to a national canvas every Sunday upon which to scribble their graffitti? Nothing. And by continuing to scribble, they are gradually reducing the visibility of that canvas, as well as the viability of their own occupation, which is short-lived already.

The NFL, meanwhile, is stuck in ethics zugswang by its own incompetence. Allow the players to continue making a mindless Fall ritual of mob ecstasy over the visceral pleasures of watching behemoths in armor crush each other an exercise in cognitive dissonance, and the NFL betrays its ticket-buyers, business partners, sponsors and stock holders. Tell the players to protest on their own time, and the NFL is siding with a President who crossed a line by telling a private business how to manage its employees, and setting itself up as opposing “police brutality,” thus Black Lives Matter, thus African Americans.

Meanwhile, the liberal punditry and news media, which doesn’t give a fig about football, is cheering on the Kneelers even as it drives the NFL into cultural harikiri. It’s a little like some of the more disgusting of the anti-gun fanatics when they reacted to the Las Vegas shooting: “Well, it was a lot of conservatives, so who cares, as long as we can use it to ban more guns.” Same here: Liberals, who are far from the core audience for pro football, are quite happy to see the NFL form a circular firing squad if it furthers “the resistance” and progressive narratives, if even for a little while.

An instructive example was a column earlier this month from the Times’ latest hard left op-ed writer, David Leonardt. Called “The Choice Between Winning And Kneeling,” it purported to be a “protest smart” exhortation to the NFL kneelers, without ever articulating exactly what this foggiest of all protests is supposed to win.

Leonardt begins with five inspiring and completely irrelevant paragraphs about the civil rights protests on the Sixties. This is intended to sanctify the NFL kneelers’ grandstanding, but accomplishes the opposite. That protest movement had clear and specific goals. Blacks and fair Americans wanted an end to Jim Crow. They wanted blacks to be able to vote, as the law said they could. They wanted an end to segregation, and discrimination by public commodities. They wanted to have equal justice under law enforced.

Making the intellectually dishonest leap from Selma to the football field, Leonhardt states, “The professional athletes doing political battle with President Trump are heirs to the civil-rights movement. They are protesting government-sanctioned violence against African-Americans,” thus falling flat on his face immediately. Wait: are they opposing President Trump, or are they “protesting government-sanctioned violence against African-Americans”?  Is he suggesting that Trump favors violence against African-Americans?  Who and what is the protest about?

Well, some are protesting one, some are protesting the other, and some are just going along for the ride. By what measure does Leonardt make the factually false statement that violence against African American is “government-sanctioned”? The U.S. government encourages people to kill blacks? No,  it doesn’t.  Leonardt dishonestly links to the Washington Post data base on police shootings, as if this supports his slur.  Among other things, those statistics show more whites shot than blacks. Never mind. Leonardt is just trying to pretend the NFL players have a clue what they want.

We know what legislative and societal measures Martin Luther King wanted. What measures would address the Kneelers’ concerns? A law declaring that police must never shoot blacks when the officers felt threatened? Officers counting to five before using their gun if a suspect is black, and just to three if he’s white? Automatically pronouncing any officer who shoots and kills a black man as guilty of murder? Dispensing with juries when white officers are involved, and using “innocent until proven guilty” as the standard when black officers are involved? Colin Kaepernick thought that any officer who shoots a black man should be automatically suspended without pay, before any investigation. Is that the goal? As I have noted before, “ending systemic oppression”  is just a slogan. It is meaningless. If it is meaningless, so is the protest calling for “something” to be done about it.

Leonhardt doesn’t care. He just wants to promote societal division; it’s the Leftist Way. “From a moral standpoint, this issue is clear. The athletes are right — and have every right to protest as they have. Trump is wrong, about the scourge of police violence and about freedom of speech,” he writes. Really? What are the athletes “right” about? Even they don’t know.  The President has never said that police violence was or wasn’t a problem, but I thought Leonardt just wrote a few sentences before that the protest was about “government-sanctioned violence against African-Americans,” didn’t he? But he linked to a source about police shootings involving all races. Whatever! This is an op-ed for the choir, and not its brightest members, either: there’s no genuine analysis or reasoning, just shotgun endorsement of broad progressive cant. Blacks oppressed. Police bad. Guns bad. United States racist. Trump racist.

Trump, of course, is completely correct about freedom of speech in this matter: employees don’t have a right to turn the workplace into their own, personal Sixties college campus. But, you see, Trump is intrinsically “wrong,” so even when he’s right, it’s wrong. Continue reading →

Morning Ethics Warm-Up, 10/14/17: Too Much Liberty, Too Much Precision, Too Much Success, Too Much Posturing, And More

/ Jack Marshall / 23 Comments

Good Morning!

1 Today I’m going to have to waste several hours responding to a vexatious and retaliatory lawsuit by an Ethics Alarms commenter. It’s remarkable I’ve been able to avoid this annoyance for so long, I suppose, but annoyance it is. I’ve been threatened with a few lawsuits, and served once before, in that case by a lawyer who was angry that I described his ridiculous law suit against a Hollywood film as ridiculous.

The misuse of the legal system to harass and extort is an expensive price we all pay for living in a democracy that agrees with Clarence Darrow that in order to have enough liberty it is necessary to have too much. Our prices are higher, our medical expenses are inflated, and other rights, like freedom of expression, are constrained by the nation’s commitment to let common people, and often common people with unethical motives, have easy access to the courts to address their grievances, real, imagined or manufactured. I support this without reservation, , but it is no fun being the victim of it.

2.  It is a common refrain in resistance circles and the social media echo chambers that President Trump “isn’t doing anything.” That is hardly the case, and like a lot of anti-Trump rhetoric, is intentional disinformation. Since the anti-Trump collective spends all of its time trying to devise ways to somehow un-elect him—the 25th Amendment nonsense in back in the news—-while focusing on his tweets, his boorishness,  his feuds, and what he hasn’t done, they ignore the fact that Trump’s administration has been remarkably productive in addressing the issues that helped elect him. The U.S. is no longer wink-winking about illegal immigration. It is undoing the Obama policy of issuing restrictive energy regulations to signal concern over climate change that won’t have any measurable effect on climate change. The disastrous “Dear Colleague” please start assuming all male college students accused of sexual assault are guilty letter is gone and unlamented. We are not being bullied by little North Korea any more. Regulations of all kinds are being cut back. He is remaking the judiciary, pointing it away from judicial activism. Consumer confidence is high, and the stock market is soaring.

All of this has taken place in less than a year. The wisdom of many of these measures can be debated, and progressives hate all of it, but that’s irrelevant. There is much to criticize President Trump for, and much to deplore about his long and short-term effects on his office and the culture. Not accomplishing his stated goals, however, is not one of his flaws.

3. The Washington Nationals, who have morphed into the post 1986 Boston Red Sox as the team that always finds a way to miss winning the World Series, were eliminated in the National League Division Series with the assistance of many flukey plays that went against them. Particularly galling was when an 8th inning Nats rally was cut short in the fifth and decisive game against the Chicago Cubs because Washington’s second-string catcher was picked off first base with the potential game-tying run in scoring position. Jose Lobaton—now a name that will live in D.C. infamy–looked safe on TV and was called safe by the umpire when a snap throw to first by Cubs catcher Wilson Contreras caught him taking too big a lead. A slow motion review of the instant replay, however, showed that Lobaton’s  foot came off the first base bag for a nanosecond while Cubs first baseman Anthony Rizzo still had the tag on him. The naked eye would never have caught it. Still, if a runner is tagged while not on a base, he’s out.

On the NBC Sports website, blogger Bill Baer argued that this was a misuse of instant replay, writing in part,

“I]t feels unfair to use replay review in this manner. Both teams’ success or failure hinged on Lobaton’s foot coming off of the bag for one-sixteenth of a second. It’s a technicality, like coming back to your car at 10:01 only to see the meter maid walking away and a ticket on your windshield.

The spirit of replay review wasn’t about microscopic technicalities, it was about getting certain calls right: home run/not a home run, fair/foul, safe/out (in other areas, obviously, given this argument). Major League Baseball should greatly consider amending the rules to make it so that a player simply returning to the bag is grounds to be called safe, ending the pedantry of these types of reviews.”

This reminds me to add “It’s just a technicality” to the rationalizations I haven’t gotten around to adding to the Ethics Alarms list. (This makes four.)  It may feel unfair to enforce the rules, just like it feels unfair when you flunk the written test to get a license by one question, or get a ticket when you were driving just a little over the speed limit, or win the popular vote and still don’t get to be President because of the Electoral College. The “spirit of replay review” was to get calls right based on what really happens, not based on what the umpire saw or what he thought happened. Not “certain calls”: there’s no virtue in a wrong call that was just a little wrong. The difference between safe and out isn’t small or technical in baseball. It is everything. Lobaton was out, and it isn’t anything but a benefit to the integrity of baseball that he was finally called out. Continue reading →