Education

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 →

The West Point Communist, How Cultures Rot, And The Whistleblower’s Letter…

/ Jack Marshall / 23 Comments

West Point graduate and infantry officer Spenser Rapone recently caused a sensation through his advocacy and support of communism, while being an “official socialist organizer” of the Democratic Socialists of America (DSA). Rapone recently posted a photo of himself as part of a declaration of support for professional football player Colin Kaepernick, including the phrase “Communism will win” with the tag “Veterans for Kaepernick.”  Rapone later posted a second photo of himself in uniform with a Che Guevara T-shirt underneath his jacket.That led to scrutiny of the hundreds of pro-Communist tweets by the former cadet, including one  calling Defense Secretary James Mattis “evil” and “vile” and another saying he will “happily dance” on the grave of Sen. John McCain.

This was not extensively covered by the mainstream media—After all, what’s the matter with Communists, as long as they don’t help Donald Trump?—though some attention was paid when Senator Rubio demanded that the Army remove Rapone. The Army said last week is it investigating and that the posts “in no way reflect the values of the U.S. Military Academy or the U.S. Army.”

I sure hope not!

Now the military community and others are asking how this is possible, and how West Point could produce a  graduate like Rapone.  In response to the episode, retired LTC Robert M. Heffington has written an open letter about what he sees as the deterioration of the culture at the storied military academy. Heffington was an assistant professor at West Point for several years, until this past August.

Note, please…

I. This is how one blows a whistle.

II.  Heffington describes how cultures rot: inattention,  poor leadership, refusal to apply standards, corruption from political agendas, silence from within.

III. Desperate and politically driven efforts to achieve diversity at the expense of integrity and quality are a major factor.

IV. West Point is a part of the higher education community. It would be surprising if it were immune from the same deterioration that the rest of America’s colleges and universities are suffering from. Thus this passage…

“…an entire semester of military history was recently deleted from the curriculum (at West Point!). In all courses, the bar has been lowered to the point where it is irrelevant. If a cadet fails a course, the instructor is blamed, so instructors are incentivized to pass everyone. Additionally, instead of responding to cadet failure with an insistence that cadets rise to the challenge and meet the standard, the bar for passing the course itself is simply lowered. This pattern is widespread and pervades every academic department.”

V. Before I read the letter, I guessed that it would have a passage like this one, and sure enough:

“The plebe American History course has been revamped to focus completely on race and on the narrative that America is founded solely on a history of racial oppression. Cadets derisively call it the “I Hate America Course.” Simultaneously, the plebe International History course now focuses on gender to the exclusion of many other important themes.”

VI. Repairing a broken culture is a long and difficult process. It involves…

Exposure

Acknowledgement

Intervention

Investigation

Transparency

Resolve

Punishment

Dedication to standards and values

Measurable goals

New leadership

Oversight

Refusal to compromise

Routine Assessment of progress

 Robert M. Heffington is an Ethics Hero. Here is his remarkable and remarkably disturbing letter: Continue reading →

Morning Ethics Warm-Up, 10/12/2017: Ben Affleck Is Called A Liar, A Blind Man Wants to See Websites, The Boy Scouts Want Girls, And More…

/ Jack Marshall / 32 Comments

Good Morning!

1 Tales of Moral Luck: Yankee manager Joe Girardi was facing a possible post-season firing for an embarrassing  botch during the second game of the American League Divisional Series against the Cleveland Indians. NY had lost the second game, putting them in an 0-2 hole in a best of 5 series, after an Indian batter’s foul tip into the catcher’s glove for strike three and the inning’s final out was mistakenly ruled a hit by pitch, loading the bases. Replay showed that the ball had hit the knob of the bat, not the batter’s hand, but Girardi didn’t call for a replay review even though his catcher demanding one.  The HBP loaded the bases, and the next batter hit a decisive grand slam. Girardi made things worse in his post-game comments by spinning and rationalizing, then finally took responsibility the next day. He also admitted that he didn’t realize that managers had two challenges in the play-offs, when they had only one a game during the regular season.

Yesterday, the Yankees completed a remarkable comeback, winning three straight games to defeat the odds-on favorites to represent the American League in the World Series. Girardi’s bad judgment, poor preparation and immediate resort to excuses when he undermined his team’s chances no longer matters. He was saved by moral luck, just as earlier he had been slammed by moral luck. After all, if the next batter in Game 2 has popped up harmlessly, ending the inning without any damage, Girardi’s terrible mistake would have been a footnote to a Yankee victory.

Now it’s a footnote again.

Moral Luck.

2. WHOA!  Didn’t see THAT coming! TWITTER just boarded the Harvey Weinstein Ethics Train Wreck!

Actress Rose McGowan, one of Weinstein’s victims who reached a $100,000 settlement with the Hollywood serial harasser 20 years ago and  who is now on the attack having decided that she doesn’t want to be a Hollywood actress any more, has been using social media to condemn actors and executives who enabled Weinstein, writing in one tweet, “you all knew.” Recently, after Ben Affleck  tweeted that the allegations against  Weinstein “made him sick,” McGowan called him out on Twitter.:

@benaffleck “GODDAMNIT! I TOLD HIM TO STOP DOING THAT” you said that to my face. The press conf I was made to go to after assault. You lie.

Twitter suspended her account. In response, McGowran wrote on Instagram.

TWITTER HAS SUSPENDED ME. THERE ARE POWERFUL FORCES AT WORK. BE MY VOICE. #ROSEARMY #whywomendontreport

These social media platforms are untrustworthy. All of them.

McGowan, meanwhile, is fast approaching Ethics Hero territory. Continue reading →

Morning Ethics Warm-Up, 10/11/2017: Words, Debt, And Costumes

/ Jack Marshall / 21 Comments

Good morning from Richmond, Va.!

1 Passengers keep piling onto the Harvey Weinstein Ethics Train Wreck:

  • Fashion designer Donna Karan, questioned about Weinstein at an event, said in part:

“I also think how do we display ourselves? How do we present ourselves as women,” Karan said to the Daily Mail. “What are we asking? Are we asking for it by presenting all the sensuality and all the sexuality?”

Then she pointed to Weinstein’s achievements, and said Weinstein and his wife were “wonderful people.”

(Note to the designer: men who use their power to harass and assault women are not wonderful people by definition.)

After the predictable response to these idiotic comments, Karan protested that her quote was taken out of context, as if the context wasn’t Harvey Weinstein, and issued a low level apology that could only mean, “I’m deeply sorry I said something in public that reveals the miserable level of my values.”

  • Lindsay Lohan, currently in exile in Great Britain and Dubai, used social media to remind her fans in the US that she is, after all, a moron, writing on Instagram,

“I feel very bad for Harvey Weinstein right now. I don’t think it’s right what’s going on….He’s never harmed me or did anything to me – we’ve done several movies together.I think everyone needs to stop – I think it’s wrong. So stand up.”

One of the real benefits of social media is that it reveals the total lack of ethics comprehension, reasoning ability and life competence that inflict so much of the public, including celebrities. With clarity of thought like that, is there any mystery regarding how the once rising star managed to mangle her career despite beauty, talent, and early success?

  • NBC was presented with the Weinstein story before it was broken by the New York Times, says Ronan Farrow, the author of a new Weinstein investigative piece in The New Yorker. The network hasn’t said why. Does it have to? Weinstein was close to both the Clintons and the Obamas, and the scandal directly implicates the Democratic party and its core supporters….like NBC. It is fascinating to watch cable and network anchors and guests desperately try to analogize Weinstein to President Trump, but the Hollywood mogul was enabled by self-righteous liberals and was given the King’s Pass (with an assist from the Saint’s Excuse) because he gave to Planned Parenthood and Hillary, making him, in Donna Karan’s words, “wonderful” by definition. The analogy is Bill Clinton, of course, and any journalist who refuses to acknowledge that has confessed crippling partisan bias.

2. This brings us to a quote by blogger Ann Althouse:

“My hypothesis is that liberals — including nearly everyone in the entertainment business — suppressed concern about sexual harassment to help Bill Clinton. Giving him cover gave cover to other powerful men, and the cause of women’s equality in the workplace was set back 20 years.”

Her hypothesis is correct, and I said so when the liberals, feminists, abortion zealots, artistic community and others circled their wagons around Clinton during the Lewinsky scandal. This is one reason why Hillary’s campaign stance as standard-bearer for women’s rights and victims of sexual assault was so grotesque.

Here’s another quote from Althouse that I like:

“Who are the women who accepted the deal as offered by Harvey Weinstein? Will their names be kept out of the press? Should they?…

…So much silence facilitating so much harm! Should the women who took the bargain and got what they wanted out of it be regarded as victims and entitled to keep their names secret, or are they part of a system that hurt many others, and subject to outing.”

I’ve answered this question in various comments on previous posts, much to the unhappiness of readers who believe that victims who remains silent and thus allow evil to continue shouldn’t be criticized. The women are part of the system, and accountable. Continue reading →

Tales Of The King’s Pass: The Rick Pitino Saga

/ Jack Marshall / 31 Comments

My father attended to the University of Louisville for a while, and he was a proud Louisville boy, so the recent fall of the school’s famous basketball coach has a homey ring for me. Fortunately, my father had little use for big time college sports and if he followed college basketball or the fortunes of his old school, he never passed an interest in hoops to me. Mark that as one more thing to be grateful to Dad for. For decades, my lack any rooting interest in college basketball and college football has been driven by the knowledge that  they are both malign corrupting influences on higher education, students, athletes, African-Americans, communities, the sports media, and the nation’s culture. The amazing thing is that the sports don’t even hide it very well.

If you are not aware of the recent college recruitment scandal coming out of Louiville, here’s a short summary. Rick Pitino is perhaps the most famous college men’s basketball coach, and maybe the most celebrated college sports coach generally now that Joe Paterno is gone. (Here’s how closely I follow college sports: there was a time when I thought Pitino and Paterno were the same person, as in “You say Paterno, and I say Pitino…!”—which is ridiculous: Pitino is a cheat, and Paterno let children be molested so he could save his football program from bad publicity.) Pitino was placed on unpaid administrative leave after the school learned that he was a target of an FBI investigation into fraud and corruption. Yesterday, CBS  identified Pitino as the “Coach-2” who played a role in funneling $100,000 to a U of L  basketball recruit. That player is Brian Bower, and the 1oo grand came from Adidas “at the request of a coach,” apparently Pitino. In case you are really a college sports virgin, the NCAA has strict rules against paying athletes or offering them money to come to a school, unless the money is in the form of a phony scholarship that has nothing to do with education.

The key thing to remember is that nobody is really surprised. Well, nobody is surprised when any big time college  football or college coach is caught in recruiting scandals, but Pitino has been involved in several scandals throughout his career: Continue reading →

Morning Ethics Warm-Up, 9/29/2017: A Rude Librarian, Another Incoherent Knee, I Need To Start Listening To My Own Lectures, And Did YOU Know That “Green Eggs And Ham” Was Racist?

/ Jack Marshall / 79 Comments

Good Morning!

1 In the middle of yesterday’s continuing legal education seminar on technology and legal ethics, I was telling the attendees about the dangers of all things Google. As I was explaining why lawyers should never, never do legal business on a gmail account, I added that they also have an obligation to tell their clients that there is not a sufficient expectation of privacy when they use gmail to communicate with their attorney. Then I literally froze and stared into space.

“I just realized that one of my recent consulting clients, a lawyer, has been sending all of his communications and documents to me using gmail,” I said. I had noticed it, but it still didn’t trigger the response that I have been teaching to others for at least three years.

As a wise man once said, “D’oh!”

2. In the “I can keep it up as long as they can” category: There is now a viral photo of some idiot taking a kneel  during Taps at the Tomb of the Unknown Soldier.

Continue reading →

Ethics Essay Of The Month: Andrew Sullivan

/ Jack Marshall / 36 Comments

I used to read Andrew Sullivan’ blog regularly: he was smart, gutsy,a good writer, and willing to buck conventional wisdom> then the gay marriage controversy heated up—Sullivan is gay– and Andrew lost it. His focus and once-reliable rationality became distorted by anger, bias and emotion. He eventually gave up blogging because he determined that it was emotionally unhealthy; maybe he finally recognized that he needed a break. By that time, I had stopped reading him.

His brilliant essay in New York Magazine suggest that Andrew has his groove back, which means that his observation are thoughtful and worth pondering. The topic is tribalism, and he writes in part,

Over the past couple of decades in America, the enduring, complicated divides of ideology, geography, party, class, religion, and race have mutated into something deeper, simpler to map, and therefore much more ominous. I don’t just mean the rise of political polarization (although that’s how it often expresses itself), nor the rise of political violence (the domestic terrorism of the late 1960s and ’70s was far worse), nor even this country’s ancient black-white racial conflict (though its potency endures).

I mean a new and compounding combination of all these differences into two coherent tribes, eerily balanced in political power, fighting not just to advance their own side but to provoke, condemn, and defeat the other.

I mean two tribes whose mutual incomprehension and loathing can drown out their love of country, each of whom scans current events almost entirely to see if they advance not so much their country’s interests but their own. I mean two tribes where one contains most racial minorities and the other is disproportionately white; where one tribe lives on the coasts and in the cities and the other is scattered across a rural and exurban expanse; where one tribe holds on to traditional faith and the other is increasingly contemptuous of religion altogether; where one is viscerally nationalist and the other’s outlook is increasingly global; where each dominates a major political party; and, most dangerously, where both are growing in intensity as they move further apart.

Sullivan goes on to explain that this development is antithetical to the model the Founders intended for their new nation:

The project of American democracy — to live beyond such tribal identities, to construct a society based on the individual, to see ourselves as citizens of a people’s republic, to place religion off-limits, and even in recent years to embrace a multiracial and post-religious society — was always an extremely precarious endeavor. It rested, from the beginning, on an 18th-century hope that deep divides can be bridged by a culture of compromise, and that emotion can be defeated by reason. It failed once, spectacularly, in the most brutal civil war any Western democracy has experienced in modern times. And here we are, in an equally tribal era, with a deeply divisive president who is suddenly scrambling Washington’s political alignments, about to find out if we can prevent it from failing again.

Bingo.

Sullivan explains the evolutionary basis of tribalism and why it is so deeply rooted in the human psyche. Then he writes, Continue reading →

The NFL Anthem Protest Ethics Train Wreck, Part Two

/ Jack Marshall / 21 Comments

The overview of our latest Ethics Train Wreck continues from Part One…

  • Slate published an essay by African-American musician John Legend that itself makes an excellent case against the protests while supposedly glorifying them. Never mind the standard anti-Trump spin at the beginning about “Islamophobia” and the rest, though it is nice for any author to state up front that he’s completely biased and his opinion should be discarded as such. Legend and Slate have the audacity to evoke actual protests that were clear and targeted in comparison the all-purpose “knee”:

“Protest is patriotic. Protest has played a critically important role in elevating the voices of the most vulnerable in our nation. Protest in America has been essential to ending war, to demanding equal rights, to ending unfair practices that keep citizens marginalized. If we quell protest in the name of patriotism, we are not patriots. We are tyrants.

Would there have been a Civil Rights Act without the Birmingham protests? When Bull Connor unleashed his fire hoses and dogs on the schoolchildren taking to the streets, racial disparities and the violence facing people because of the color of their skin became the issues of the times. With savage images of the brutal attack in the news every day, President John Kennedy had little choice but to push for a Civil Rights Act that demanded equal services and equal rights.

Protests in Selma, Alabama, changed the trajectory of this nation and catapulted the Voting Rights Act into being.”

A recipe for tapioca would be as germane to the NFL protests as the Selma march. There is no definable law, principle or position these protests bring into focus. Let’s check the Ethics Alarms Protest Ethics Checklist against the NFL grandstanding:

1. Is this protest just and necessary?

No. How is it just? How is it necessary?

2. Is the primary motive for the protest unclear, personal, selfish, too broad or narrow?

Unclear and too broad by definition, since no two protesters make the same argument.

3. Is the means of protest appropriate to the objective?

Obviously not. What does football have to do with “racial justice”?

4. Is there a significant chance that it will achieve an ethical objective or contribute to doing so?

None whatsoever.

5. What will this protest cost, and who will have to pay the bill?

It’s already cost the NFL millions. But nobody is protesting the NFL…

6. Will the individuals or organizations that are the targets of the protest also be the ones who will most powerfully feel its effects?

No.

7. Will innocent people be adversely affected by this action? (If so, how many?)

Sure: every single fan who wants to just watch football.

8. Is there a significant possibility that anyone will be hurt or harmed? (if so, how seriously? How many people?)

The relentless politicizing of sports and entertainment harms U.S. society and frays the fabric of democracy. That means everyone.

9. Are you and your group prepared to take full responsibility for the consequences of the protest?

Clearly not: witness the constant complaining that NFL teams won’t hire Kaepernick so their season is dominated by racial politics rather than, you know, football..

10. Would an objective person feel that the protest is fair, reasonable, and proportional to its goal?

No.

11. What is the likelihood that the protest will be remembered as important, coherent, useful, effective and influential?

My guess: no chance whatsoever, unless unintended consequences count, like getting more votes for President Trump and crippling the NFL count.

12. Could the same resources, energy and time be more productively used toward achieving the same goals, or better ones?

It’s hard to imaging what wouldn’t be a better use of resources, energy and time.

Verdict: It’s an unethical protest. There is nothing patriotic about unethical protests. We have a right to protest; as with free speech, that doesn’t make all examples of exercising that right good, and certainly not “patriotic.”

  • However, let me argue in the alternative, as lawyers often do. Let’s say that, as Legend claims, all protests are patriotic. Fine. Then then Charlottesville protest against tearing down a statue of Robert E. Lee was also patriotic. Why, the, was the President attacked—by Legend and Slate, among others, for not condemning it?

The Left believes that protests are sacrosanct only when they are doing the protesting. There is nothing wrong or unpatriotic about accurately labeling a dumb, badly-conceived or destructive protest, and this one is all three.

“Football was down. The end. We, the good people who read the NYT, must say no to football. What is known cannot become unknown except by willful, immoral forgetting. No decent person can take pleasure in football. No fit parent can allow a child to take up the game. The era of American football is over. Bury it. We can end the misery through the simple and necessary refusal to watch anymore. Say no, America… or hey, wait a minute. Here’s that nasty President of the United States and he’s calling for a boycott of football…

So, watch the liberal media endeavor to save football from bad old President Trump. He’s a racist. This is his racism once again, stirring up the stupid people who voted for him. Here‘s the NYT today:

“The tweet suggested that the president, who used an expletive on Friday night to refer to players who kneel or sit in protest during the anthem — a practice that took hold last season among some African-American players after Colin Kaepernick, the now-former San Francisco 49ers quarterback, did so to protest racial and social injustice — is bent on deepening a bitter culture-war fight with the N.F.L.

It is a highly charged debate, with unmistakable racial undertones, pitting advocates of free speech who argue that professional athletes should have a right to use their positions to call attention to social issues against those who contend that refusing to honor the anthem disrespects the military and the nation, and that sports is no place for such displays.”

 Ann’s line:

“Let the brain damage continue. We’ve got a culture war to fight.”

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