Ethics Alarms Award Nominee

Morning Ethics Warm-Up, 10/2/2018: Bigotry In, “Jeopardy” Out

/ Jack Marshall / 33 Comments

Good Morning.

I always play that clip when I need cheering up. It works, too.

1. How did we get to this sick, unethical and un-American place? The New York Times had an interview with America Ferrera in its book section. “Ugly Betty” was a long time ago, and I have no idea why Ferrera, a completely ordinary talent at best, has a career or is deemed important enough to warrant a profile, except that she is a professional Hispanic-American. The very fact that there are such celebrities and activists whose source of income is group advocacy is troubling, and she flagged an unethical quote that “inspires her” that is more unsettling still. She says,

“Brittney Cooper’s “Eloquent Rage: A Black Feminist Discovers Her Superpower.” It’s razor sharp and hilarious. There is so much about her analysis that I relate to and grapple with on a daily basis as a Latina feminist, particularly this point she makes: “When I talk about owning eloquent rage as your superpower, it comes with the clear caveat that Everyone is not worth your time or your rage. Black feminism taught me that. My job as a black feminist is to love black women and girls. Period.” I say hear, hear!”

“Hear, hear” WHAT? Cooper is essentially saying that only her tribes—women, race, nation of origin—are worth her time or care. This is an unethical point of view that feeds division, distrust and hate. Caring is a core ethical value that includes sympathy, empathy and beneficence. “I only care about people like me” is a selfish, ugly sentiment, and Ferrera is extolling it.

Until people like Ferrera and Cooper stop proclaiming sentiments that would be properly regarded as racist or sexist with a change of color or gender, the nation’s society will continue to be roiled by division.

2. From the “What were they thinking?” files: Now this sounds like a Saturday Night Live skit: Somebody had the brilliant idea of hiring Alex Trebek, the “Jeopardy!” host (after Art Fleming), to moderate the televised debate between Pennsylvania Gov. Tom Wolf (D) and his Republican challenger, Scott Wagner. Trebek is a smart guy and quick on his feet, but the problem is one of appearances rather than competence. Reducing a political debate to the status of a game show is the kind of foolish dumbing down and public misinformation that leads to distortions like a Senate confirmation hearing being called a “job interview.” The theory was that more people would watch the debate with a slick MC involved. Heck, why not go all the way? Use the cast of “Modern Family” or zombies from “The Walking Dead” to ask questions. Better yet, how about Kanye West?

To make things worse, Trebek seemed to think the debate was now about him, which isn’t too much of a leap, since the organizers didn’t hire him to do a Martha Raddatz impression presumably. After joking that the only thing with a lower approval rating than the Pennsylvania legislature was the Catholic Church, he decided to inform the audience about his own views, saying,  “I was born and raised in the Catholic Church and I’m just as ticked off as everybody else is over what has happened with the church.When I was a young teenager I attended a Catholic boarding school run by the Oblates of Mary Immaculate. Two-hundred and fifty students, other boys and I, spent three years sharing the same accommodations 24/7 with 44 priests and not once in those three years was there any sexual misbehavior. Now boys are pretty sharp, we talk, we would have known. So I believe that there are Catholic priests out there who are able to minister to their congregations without preying — that’s P-R-E-Y — on the young people.”

Who cares what you think, Alex? The debate is supposed to inform us about the candidates. Continue reading →

Unethical Quote Of The Week, Cross-Filed to “The Brett Kavanaugh Nomination Ethics Train Wreck,” “Nah, There’s No Mainstream Media Bias,” AND “Bias Makes You Stupid”: ABC Correspondent Terry Moran

/ Jack Marshall / 35 Comments

“Overturning Roe vs. Wade by an all-male majority, two of whom have had credible accusations of sexual misconduct lodged against them, would not be a legitimate action.”

—–ABC correspondent Terry Moran, on an ABC news broadcast, as he discussed what would happen to the nation’s highest court if the Senate confirms Supreme Court nominee Brett Kavanaugh,

It doesn’t get much worse than this. The statement is irresponsible, unfair, ignorant, partisan, incompetent, inflammatory and untrue. It involves multiple distortions of law and fact. It is an opinion presented as fact by an individual lacking the credentials or authority to issue such an opinion. It also encourages defiance of lawful authority.

Moran is a journalist, trained as a journalist and as nothing but a journalist. His current role at ABC is as a foreign correspondent. He is no lawyer, and apparently has no idea what a conflict of interest is. For him to use his air time to make such a pronouncement, sure to be sucked up by the eager, empty brain cells of social media junkies everywhere, is an abuse of his position and influence. That is, however, what he and his colleagues increasingly call “journalism” in 2018. It isn’t journalism, not the ethical kind. It is propaganda, and worse.

For the sake of brevity, since these are major misrepresentations that could each be the subject of scholarly essays, allow me to just bullet point them:

  • More fake news, Future and Psychic News Division. Why is Moran talking about Roe v. Wade being overturned? There is no case before the Supreme Court that would do that. There is no pending case in the system that would lead to that. None of the sitting justices or Kavanaugh have argued that Roe should be overturned, and the conservative justices have all declared their fealty to the concept of stare decisus, in which established SCOTUS decisions are regarded as settled law except in extraordinary circumstances.

For a broadcast journalist to discuss a remote hypothetical—and it is remote by definition, since none of the conditions necessary for it to occur appear to exits—is brazen fear-mongering and misleading the public.

  • More fake news, Future and Psychic News Division, Part II.  Then Moran forsees what individual Justices will decide in this imaginary case that hasn’t been argued, or briefed. In this he reduces the Supreme Court, which analyzes difficult questions of law, to a group of agenda-driven knee-jerk hacks, which they are not.

Journalists like Moran are the agenda-driven knee-jerk hacks, and at least in his case, are unable to imagine anyone else treating important controversies objectively

  • Gender stereotyping. There is no justification for assuming that a male justice would automatically vote to overturn Roe, and the assumption is historically ignorant. After all, an all-male SCOTUS majority established Roe.

Moran also assumes that no woman on the Court would vote with the male members even if the particular facts and law related to the imaginary, hypothetical future case that may never exist required an honest, objective female Justice to do so. This is  simple-minded, biased thinking that reduces both genders to their lowest common denominators.

  • The misleading word, “credible.” “Credible” means “capable of being believed” by itself. I could state here that I am five foot three inches tall and once worked as Latin tutor to make extra money in school. Those are both credible claims: there’s nothing that makes them unbelievable. They are also untrue. Being credible is not the test for whether any statement of evidence should be believed, and in any dispute, such statements must be considered in the context of other evidence. Brett Kavanaugh’s denial is also credible, except to those who have a vested interest in disbelieving it.

In this nation, and in any just society, we do not make judgments about people based on “credible accusations.” The accusations must be corroborated and substantiated to some extent. Dr. Ford named witnesses, and none of them have confirmed her story. That does not make her accusation incredible, but no conclusions can be drawn from it either.

  • There’s no conflict of interest. I don’t know what tortured definition of conflict of interest Moran thinks he knows, but whatever it is, it doesn’t exist in law or ethics. I’m assuming that a conflict is what he thinks would undermine the legitimacy of his imaginary, future hypothetical SCOTUS decision. If mere gender created a conflict, then neither women nor men could consider abortion cases. Blacks couldn’t rule on civil rights cases. Motherhood, fatherhood, whether a judge had an abortion or chose not to have one, these at most create biases, not conflicts, which occur when a judge’s current tangible, real life, current interests will be affected by a decision he or she is obligated to make. Judges are pledged to ignore their biases, not to never have them. All human beings have biases; judges are professionally trained and obligated to do a better job than the rest of us recognizing them and overcoming them.

Continue reading →

And The ACLU Takes A First Class Seat On The Brett Kavanaugh Ethics Train Wreck. Of Course It Has. (The ABA Stayed In Coach)

/ Jack Marshall / 19 Comments

The American Civil Liberty Union has decided to make an “exception” to its supposedly unshakable policy of being non-partisan and non-political—Oh,  the pop-up fundraising appeal the group is currently showing on its website says to contribute to “stop Trump’s attack on civil liberties.” Then it vanishes, with the permanent text on the site staying abstract and without any overtly partisan slant.  Nice. And dishonest!—and announced its opposition to Kavanaugh’s confirmation.

This should not have surprised anyone, because the ACLU has become a sham organization, claiming to be non-partisan and apolitical while every day making it increasingly obvious that it, like so many organizations that take that pose (including virtually all of the mainstream news media), it is a fully committed ally of the Democratic Party. Nonetheless, there is always hope that at crucial moments in the nation’s history, organizations will find their soul, their guys and their principles before they seep away.

For this we need look no farther than The American Bar Association, another “non-partisan” group that habitually endorses Democratic Party agenda items that should not concern it at all. Its membership is overwhelmingly Democratic, and being that this entire section of the political spectrum is in the process of being ethically corrupted, many members, including members of its governing body, were prepared to turn on Brett Kanavaugh, a judge the organization had rated as very qualified for the Supreme Court, and recommend his rejection as a consequence of unsubstantiated, last minute allegations of sexual misconduct by an accuser dredging up dim memories from more than three decades ago. As a lesser tactic, many were in favor of bolstering the Democratic Party’s disingenuous call for an open ended FBI investigation, not because it is likely to clarify anything, but because it will accomplishe the Party’s stated objective since before Dr. Ford was persuaded, or pushed, to play the part of Anita Hill in this adaptation of “The Clarence Thomas Hearings.” They want to delay until after the November elections.

Thus it was that Robert Carlson, the latest Democratic Party contributor to lead the organization, wrote this letter on ABA letterhead, falsely stating that he was speaking for the ABA itself:

“The American Bar Association urges the United States Senate Judiciary Committee (and, as appropriate, the full Senate) to conduct a confirmation vote on Judge Kavanaugh’s nomination to the Supreme Court of the United States only after an appropriate background check into the allegations made by Professor Ford and others is completed by the Federal Bureau of Investigation.”

Rather than allow him to hijack its process and integrity, the ABA sent this letter to the Judiciary Committee, clarifying that Carlson was speaking for himself only:

Of course, if it were really a non-partisan, non-ideological organization, the ABA would be in the process of removing Carlson from office. In every organization, falsely using one’s post to imply organizational support of a personal view is a firing offense. Instead, the ABA took the face-saving measure of posting Carlson’s misleading letter (lawyers are prohibited from engaging in misleading conduct) under a link saying, “ABA President Calls For…” THAT’S deceit (lawyers are prohibited from engaging in deceit). Most readers will not notice the material distinction between the President of the ABA’s position and the official ABA position, and that’s just the way the association wants it.

Well, it’s not exactly integrity, but it’s a lot closer than what the ACLU has become. Continue reading →

Saturday Morning Ethics Warm-Up: The Bad Guys, Continued.

/ Jack Marshall / 70 Comments

“Good morning,”

…he said through grimly clenched teeth…

1 My pledge. That’s it. I’ve had it. Every single time I read or hear a reference to how women accusing men of sexual assault or harassment have a “right to be believed,” and anytime I read or hear someone quoting such a reference with approval, I’m going to point out in the strongest possible terms how sinister, unethical, and certifiably stupid this is. If you want to believe Dr. Ford’s dredged up memories of a party—somewhere—where she was jumped and groped by two drunk teens, go ahead. You do have a right to believe anything, including in the Hindu elephant god,  the brilliance of Sean Hannity, and the virtue of Bill Clinton: I don’t care. Be gullible. Asserting that women have some special chromosome-based right to be judged 100% reliable when they make damning and destructive accusations against men violates all standards of logic, ethics, equal protection, fairness , justice and common sense, and threatens tangible harm to innocent citizens and society. It needs to be condemned, and those making it must be condemned until this insidious, ideologically-spawned Big Lie is killed, squashed, burned and vaporized for all time.

For some reason, the tipping point for me was not the nauseating conduct of the Democratic Senators yesterday, which included a dramatic multi-NO! from perhaps the worst of them—well, after Diane Feinstein—Hawaii Senator Mazie Hirono, the one who told Jake Tapper that the very fact of being a conservative is sufficient to disqualify Brett Kananaugh from any presumption of innocence. Stalin reasoned like that. That Hawaii would elect such an un-American, totalitarian-minded fool—she is more ignorant than evil, I think, but I could be wrong—to represent the state is enough to make me resolve to vacation elsewhere when the tropical breezes beckon. What a disgrace she is, and any voters who would allow someone like that to have access to power.  But no, what made me snapo was a small note in today’s paper about how Rep. Leonard Nance’s race to be re-elected to his New Jersey Congressional seat was seen as threatened because he “seemed to cast doubt on Ms Blasey’s allegations” in remarks to a group of college Republicans.

What the hell? Her allegations are over three decades old, she never spoke of them until a SCOTUS nominee she opposed was about to be confirmed, she has no corroboration or evidence whatsoever, and the man she accused uncategorically denies her story under oath. There is nothing but doubt in this controversy. If you don’t see doubt, then you are a bigot, a hopelessly close-minded ideologue, or incapable of rational thought. Continue reading →

Ethics Quote Of The Week: Andrew Sullivan

/ Jack Marshall / 19 Comments

Which brings me to Kavanaugh’s testimony, which was spellbinding in a different way. He behaved, it seemed to me, exactly as an innocent man would behave if accused of a crime in his teenage years — especially a crime that was unveiled by his political opponents at the very last moment. It was one that he could not possibly refute (no one can prove a negative) and it catalyzed a media frenzy — multiple gang rapes! — that continues to get more extreme every day. There’s a reason we have statutes of limitation. When alleged crimes happened decades ago, proof is very hard, and allegations much easier. And when the alleged perpetrator was also a minor, we’re in a very weird and difficult place….

Of course he was angry. Wouldn’t you be if you were innocent or had no idea where this allegation suddenly came from? He wasn’t being accused of sexual harassment, or sexual abuse as an adult in a way he could have refuted or challenged. His long-lost teenage years as a hard-drinking jock were now under the microscope. Even his yearbook was being dissected. Stupid cruelties and brags from teenage boys were now being used to define his character, dismiss his record as a judge, his sterling references, his respected scholarship, his devoted family, his relationship with women in every capacity. He had to fend off new accusations, ever more grave and ever more vague.

…To the extent that the hearing went beyond the specifics of Ford’s allegations and sought to humiliate and discredit Kavanaugh for who he was as a teenager nearly four decades ago (a dynamic that was quite pronounced in some Democratic questioning of the nominee), it was deeply concerning. When public life means the ransacking of people’s private lives even when they were in high school, we are circling a deeply illiberal drain. A civilized society observes a distinction between public and private, and this distinction is integral to individual freedom. Such a distinction was anathema in old-school monarchies when the king could arbitrarily arrest, jail, or execute you at will, for private behavior or thoughts. These lines are also blurred in authoritarian regimes, where the power of the government knows few limits in monitoring a person’s home or private affairs or correspondence or tax returns or texts. These boundaries definitionally can’t exist in theocracies, where the state is interested as much in punishing and exposing sin, as in preventing crime. The Iranian and Saudi governments — like the early modern monarchies — seek not only to control your body, but also to look into your soul. They know that everyone has a dark side, and this dark side can be exposed in order to destroy people. All you need is an accusation.

—Andrew Sullivan in his essay today, essentially stating the same points we have discussed at Ethics Alarms, but in his own inimitable, erudite style.

He’s 100% right, of course. Andrew is also a gay, Trump-hating liberal, so this is a good essay to send to your friends who are teetering on the brink of madness. They won’t listen to me; maybe he can break through.

Ethics Morning Sickness, 9/29/2018: The Ford-Kavanaugh Hearing Hangover

/ Jack Marshall / 44 Comments

According to several sources, Republicans not only have the votes to confirm Brett Kananaugh,  a couple of Democrats may even join their ranks. If true, that’s amazing, and also the most encouraging piece of news I’ve heard since Aaron Judge went on the Disabled List.

I don’t have any special fondness for Brett Kavanaugh, and I have no stake in his confirmation. All I have ever cared about is having outstanding, smart, analytical judges on the Supreme Court. I was thrilled when President Obama nominated Elena Kagan, who fits that description; depressed when he appointed touchy-feely mediocrity Sotamayor, lowering the quality of judicial talent so he could check off a diversity box, but then, that’s Obama. Justices like Blackmun, Souter and Kennedy, all appointed to skirt controversy rather than to ensure a competent Court, do subtle, long-lasting damage to our laws. Aggressive, thoughtful, brilliant jurists like Scalia and Ginsberg keep the third branch of government strong. Kavanaugh is undeniably the kind of qualified, experienced judge who has always been routinely confirmed by the Senate regardless of the President nominating him or his party affiliation. What the Democrats and their allies among activist and the news media have done to Brett Kavanaugh is more than wrong; it is very dangerous, and threatens further the basic comity and respect without which no democracy can function. The treatment of Kavanaugh, which I have discussed in detail elsewhere—the demonizing, the fear-mongering, the character assassination, based purely on an unremarkable judicial philosophy—continues down a slippery slope, already greased by “the resistance,”  that ends in civil war.  The Democrats will only turn away from this disastrous path when they conclude that it won’t work, that the American public rejects “the ends justify the means” as an operating strategy. There are signs that the Democratic Senators televised conduct during the Kavanaugh hearings may be a tipping point. I hope so. I’ll believe it when I see it.

Nothing much has changed in my assessment since I wrote this post ten days ago. I still don’t believe or disbelieve Ford or Kavanaugh. There is no basis on which to believe either of them, but the accuser has the burden of proof, and as was true ten days ago, she can’t meet it and didn’t meet it. Nobody confirms her account. She cannot provide specifics, even as to where the alleged attack occurred, who held the party where it allegedly occurred, or an exact date, making investigation nearly impossible. Her parents, who are alive, have not confirmed her account; apparently she didn’t even tell them about the incident. Her testimony was convincing. So was Kavanaugh’s. Those who say “they believe” either party might as well have a “Bias has made me stupid” sign on top of their head. In yesterday’s New York Times, a full page ad listed thousands of names of men proclaiming “We believe Anita Hill. We also believe Charistine Blasey Ford.” All they are doing is virtue signaling for their pals, proclaiming their partisan affiliation (believing Ford is required to save abortion, and depending on which hysterical activist or pundit you listen to, female suffrage, gay marriage and the continued abolition of slavery), and or proving that they lack the power of critical thought.

I’ll have to sort through all of the logical fallacies used against Kavanaugh later: I’m sure a new rationalization for the list or twelve is in there. For example, I have been told and read that women believe Ford because they know other victims of sexual assault who never reported it. But that doesn’t justify believing Ford! It indicates that the fact that she waited all this time, until evidence was gone and memories faded, to suddenly make her accusation when it was most politically useful to her party doesn’t prove she isn’t telling the truth, but it doesn’t make it any more likely that she is, either. A commenter yesterday suggested that there should be more sympathy and accommodation for victims who are afraid to come forward soon after a sexual assault. “I would like to remind you that women often are not able to speak out against harassment until long after the fact because they are afraid and unable,” she wrote. I replied,

Then they lose their chance. There are a lot of things in life like that. If I’m reluctant to speak up and challenge a mob harassing a US Senator while he’s dining with my family, I can’t wait 20 years and do it then, can I? If you are afraid to report a community criminal when you have evidence against him because you’re afraid to snitch, it’s no mitigation to report the evidence after more people have been hurt because of your delay. How about women who don’t stop their boyfriends from sexually molesting their children because they are afraid? Is it acceptable that they wait until the Statute of Limitations has run, the damage has been done, and the kids are grown and molesting children themselves before they speak up?

You don’t have to remind me of the dilemma. I’m sorry, but I am really sick of this argument…It’s an excuse and a rationalization. It makes fairness and due process impossible, and it allows false accusers to manipulate others. Three decades? Holding a complaint until the exact moment when it can’t be defended against AND will do the most damage?

It’s explainable, perhaps, but it isn’t ethically excusable.

Continue reading →

KABOOM! Diane Feinstein’s Statement Before The Judiciary Committee This Morning

/ Jack Marshall / 40 Comments

Well, thanks, Senator Feinstein: having my head explode was is such a wonderful way to begin the day.

This was not the first post I intended this morning, but I made the mistake of listening to the Senator’s brazen, dishonest, self-contradictory, hypocritical ,cynical and insulting statement. It’s amazing her own head didn’t explode out of embarrassment at being used this way. It was in defiance of logic and awareness. It was, in fact, like an intentional imitation of Claude Rains in “Casablanca,” which would have been very funny if it didn’t signal tthe end of any doubts that a major political party had abandoned decency.

Feinstein was shocked–shocked!—that Judge Kavanaugh would call the Democrats’ political hit job a political hit job. Shocked–shocked!–that Kavanaugh would say the the process of advise and consent had been turned into “search and destroy,” which is exactly what the Democrats did, and were not even sly about doing so. Shocked–shocked!–that Kavanaugh would express anger at being subjected to mass humiliation as he was denigrated in public as a sexual predator based on the completely unsubstantiated accusation of 35-year-old high school misconduct. Senator Feinstein had never seen anything like it in all her years in the Senate, and was shocked–shocked!

Never mind that no human being had ever had rumors, insults, innuendos and unsupported accusations heaped on him in a hearing like Judge Kavanaugh, who was Borked, and when that didn’t work, was Anita Hilled. If Kavanaugh had not expressed anger, outrage and indignation toward Feinstein and her thugs, I would have lost any respect for him. He not only had every right to go on the offensive in his own defense, he had an obligation to do so. But men, in the era of #MeToo being weaponized to ruin careers without evidence, are supposed to meekly submit to their new feminist masters, and withdraw into shame and ignominy, grovelling and submissive. Feinstein was shocked—shocked!— that Kavanaugh didn’t know his place.

“Incredible!” said Feinstein. Then, incredibly, she went on to apppeal to emotion, jerking at the heartstrings by quoting the most intense sections of Dr. Ford’s testimony, concluding that her intensity and emotion was enough, in the absence of any evidence or corroboration at all, to prove to Feinstein’s satisfaction that her accusation was true.

Oh, Feinstein was shocked–shocked!—at so many things. How could anyone accuse her of deliberately withholding Ford’s letter for two months so she could leak it after the hearings and demand an FBI investigation that would just coincidentally delay the vote on the nomination until after the election when her party has been demanding for months that the vote be until after the election? I’m trying to think of an analogous scene in a move where the pathetic villain expresses hilarious outrage at being suspected of wrongdoing as smoking gun after smoking gun is revealed. I could, I’m sure, if my head were intact. But it’s not.

The Brett Kavanaugh Nomination Ethics Train Wreck has become both an integrity and an IQ test for progressives and Democrats, but with a surprising easy final challenge. Anyone who isn’t insulted or mordantly amused by Feinstein’s channeling of Captain Renault is either completely corrupted or an idiot.

Noonish Ethics Warm-Up. 9/27/18: “You’re The Bad Guys,” Cont.

/ Jack Marshall / 159 Comments

Hi!

1. Unethical in its simplicity. An esteemed commenter insists, “Any witnesses who allege that Kavanaugh assaulted them should be allowed to testify.” This is either naive (incompetent) or intellectually dishonest. The Democratic Party’s stated objective is to delay a confirmation vote until after the Fall election, in the Hail Mary hope that the Senate will flip to them. There should be no question that the party, now thoroughly corrupted by a mindset holding that anything—lies, character assassination, perjury, misrepresentation, defiling of due process—is justified if it will protect abortion rights and its own power, would manipulate such a rule for political benefit, would recruit an endless series of politically motivated accusers if it could accomplish the objective of running out the clock.

The “any witnesses” flaw was amply demonstrated by yesterday’s fiasco. “New Kavanaugh allegations!” my late TV news screamed. By this morning, the entire story had fallen apart, and yet that ridiculous account (an anonymous woman claimed she was assaulted on a boat in Newport by a drunken “Brett” and friend, so an anonymous man beat them up) added to the designed false impression that multiple, verified, credible witnesses were confirming that Brett Kavanaugh is, as that same esteemed commenter has suggested, a serial sexual predator.

A witness whose claims are raised in a timely manner (that is before hearings begin allowing time for investigation and a response from the accused), whose account meets minimum standards of plausibility, whose accusation involves conduct relevant to a nominee’s fitness to serve, and whose story did not occur so long ago that verification or rebuttal is impossible, should be allowed to testify.

Those qualifications eliminate all of Kavanaugh’s accusers, as well as Anita Hill. Continue reading →

Ethics Hero: Kwame Anthony Appiah, a.k.a. “The Ethicist”

/ Jack Marshall / 14 Comments

In the past, I mostly visited the New York Times Magazine “The Ethicist” column to take issue with the succession of ethics amateurs and ethicist wannabes the Times employed as its ethics advice columnist. Once Kwame Anthony Appiah took over, this wasn’t as much fun, and I admit I don’t even check the column that often. Appiah is a real ethicist, and knows what he’s doing. I sometimes disagree with his conclusions, but he reaches them using valid ethical analysis, and seldom employs bias or rationalizations.

A recent column, however, deserves special praise. The inquirer asked what the ethical course would be to handle historical artifacts that reflected racist attitudes and artwork, like the card pictured above. The writer concluded her question…

I offered it to the National Museum of African American History and Culture in Washington. I never heard from them, so it moved with us. My husband thinks I should throw it away, but that feels wrong. I feel it is history that we should acknowledge, however painful and wrong. Your thoughts?

“The Ethicist’s” response is note-perfect, even with my intentional omission of its best and most surprising section. I’m doing this so you will hit the link and read the full column. Appiah wrote in part,

I am not a fan of the intentional destruction of historical artifacts….It’s a familiar thought that we need to understand our past, not least in order to help us avoid repeating the worst aspects of it. So your impulse to offer this souvenir card to a museum seems right. Of course, the sort of document you describe is well represented in collections already, and this may be why you didn’t hear back. But who knows whether there isn’t something about it that a historian might find useful in unpacking some detail of the history of American racial attitudes?

So if you think this card does have historical value, and you can’t readily find an interested archive or scholar, you could just put it up for sale on eBay, say, where it will join a large assemblage of racist artifacts. You can’t guarantee that you’ll approve of the motives of the buyer, but someone who is willing to pay for it is most likely to preserve it.

Given that your motives are honorable, I don’t share your worry about profiting from the sale. Selling an image isn’t endorsing its message. And my guess is that most contemporary collectors of such items aren’t motivated by racism. Still, if you want to avoid profiting, there’s an easy solution. Just send the proceeds to the National Museum of African American History and Culture. That’s an offer they won’t turn down. Continue reading →

Morning Ethics Warm-Up, 9/25/18: Kavanaugh-Free Zone

/ Jack Marshall / 22 Comments

Good morning!

Regrettably, I’ll have to be writing about the Brett Kavanaugh Nomination Ethics Train Wreck at length,  since it is deteriorating further has clearly merged with the  Harvey Weinstein Ethics Train Wreck AND the 2016 Post Election Ethics Train Wreck (the most dangerous of them all). To begin this day without a primal scream , however, let’s speak of other things, of shoes and ships and sealing wax, of cabbages and kings, and why the sea is boiling hot, and whether pigs have wings.

You know. Ethics.

1.Sentencing ethics and the Coz. The judge in the Bill Cosby case signaled that the comic-turned-serial rapist would probably get less than three years behind bars for raping Andrea Costand in 2004, by announcing that the defense and prosecution had come to an agreement to merge the counts. Looking at the state sentencing guidelines, the judge said,  and that the actor has no prior history (heads exploding all over the courtroom, but though 60 or so of Bill’s other victims have come forward, in the eys of Lady Justice, they don’t exist), he declared that once Dr. Huxtable was looking at a total jail time of 22 to 36 months.

Ah, the things lawyers have to say while defending their horrible clients! Defense team leader Joseph Green argued that Cosby’s poor upbringing and battles against discrimination in his climb to success should be mitigating factors in sentencing him. This is an old Sixties argument that was dumb then and dumb now, a non sequitur. Millions of men who grew up poor and who experienced discrimination don’t take up drugging women and molesting them as a hobby. “Eighty-one year old blind men are not dangerous,” he added, apparently forgetting the fact that Bill has the assets and the enablers—like his complicit wife, Camille–do continue his avocation should he choose.

Countering all of these desperate arguments was this observation, from D.A. Kevin Steele:  “He seemingly doesn’t think he has done anything wrong. No remorse.”

Cosby deserves to die in prison, and any less of a sentence is just one more unethical nod to “The King’s Pass.”

2. Oh, great, Murphy Brown is back. Don’t these two look like fun folks to spend some light-hearted family TV time with?

That’s Candace Bergen, aka Murphy Brown, and series creator Diane English. As the New York Times explains it, the show’s creator and star feels the resurrection of the insufferably smug, liberal  broadcast media-cheering sitcom from the 90’s was needed, so someone could be bashing President Trump on TV. After all, nobody else is…just all Saturday Night Live, the late night shows, about six cable shows, and the real news media.  And there are all those shows that mock the senile House Minority leader, the pathetic angry Presidential election loser, the socialist documentary-maker who abuses his employees, the Senator who claims to be Spartacus, the other Senator who says she’s a Native American, and people who wear pussy hats. Wait–there aren’t any of those, are there? Never mind: English says that the “resistance” needs more support on TV. As for the other half of the country, “They’re not going to watch us anyway,” she says, referring to American who think an elected President has the right to govern. “I don’t think we’re looking to bring them into the tent.”

Yes. let’s divide the nation further. That should be fun. Here is my favorite quote, from the show’s producer: “If Hillary Clinton was elected there’d be no artistic reason for this show to be on the air.” Discuss, if you like. Personally, I think that one is too easy.

The hypocrisy and dishonesty of the original show seems like it will be intact. Oh, goody. My wife and I bailed permanently on “Murphy Brown” after the star “bravely” had her  fatherless baby (thus encouraging non-millionaire, real single women to do so), and the child literally disappeared except for brief moments when Murphy returned home to check in with her live-in male nanny. Amazingly, being a single mother didn’t affect Murphy’s schedule or career at all!

In the new show, we are told, Murphy will embrace #MeToo. Meanwhile, Bergen is defending Les Moonves, who was just jettisoned from CBS after many women revealed that he had Weinsteined them. Says Bergen, “I think Les’s behavior was — it was a different time. He was a different man. Is it behavior unbecoming? Yeah. But I go back with CBS, with the first ‘Murphy.’ I have great respect for Les. I would really hate to see Les go.”

Oddly, I have no respect at all for men who abuse their power and position to harm women, yet I was called a misogynist a couple of days ago, and Candace is a feminist hero.

“Murphy Brown” deserves to bomb. Where’s Charlie McCarthy when you need him? Continue reading →