Ethics Alarms Award Nominee

Morning Ethics Warm-Up,1/28/2018: Looking For The Silver Lining

/ Jack Marshall / 17 Comments

Good Morning!

1 Phooey. This was one of those annoying weeks where the blog covered a lot of diverse topics (28 posts in the last 7 days), featured excellent comments, and was rewarded by a kick in the teeth. There was a big drop in followers, especially after the post about the Larry Nassar sentencing fiasco (I got slammed on Facebook, too.) That one is not open to legitimate controversy: the judge was unethical, the manner of sentencing did breach the Judicial Canons in Michigan and elsewhere, the length of the sentence was  disproportionate, and the parade of victims was a disgrace to the system. Never mind, though: he’s a monster and didn’t deserved to be treated any better by the judge, so good for her. No wonder trying to get people to reason using ethics tools and systems is so difficult. Most people default to emotion; some lawyers on Facebook even expressed that sentiment—“You go girl!”

It is such basic ethics, and so core to the justice system, that even the worst human beings deserve to be treated with the same respect and fairness as anyone else in the justice system. It is the bedrock of professional ethics that those with the job of protecting the public’s health, safety and welfare must be role models and eschew the passions and indulgences of the public they are pledged to serve. Yet people are frustratingly resistant to both concepts, giving lip service, pretending to understand, then  regularly bouncing back to rationalizations and mob reasoning like their values were on a bungee cord.

Silver Lining: It is satisfying to be 100% sure you are right in principle, even when, indeed especially when, you are getting beaten up for it.

2. And speaking of bitches…Contemporaneously with Hillary Clinton’s transparently cynical and damning response to the revelation that she responded to a campaign staffer’s complaint about sexual abuse by Hillary’s “spiritual survivor” in 2008 by transferring the accuser while keeping her advisor around (to harass others, it seems), she released a video…

…that began with the words, “And let me just say, this is directed to the activist bitches supporting bitches.” And thus we see how the Nation of Assholes is progressing. Somehow, I didn’t see the coarsening of the culture as Americans, as they always so, emulate the conduct of the President, extending to  Hillary Clinton, but why not? She has no integrity or ethics alarms. If she thinks going potty mouth will bring her money and power, why wouldn’t she ditch civility? The woman is first and always an ethics corrupter. Continue reading →

Comment Of The Day “Morning Ethics Warm-Up: 1/27/2018: “If You Want It, Here’s How To Get It” Edition”

/ Jack Marshall / 13 Comments

Chris Marschner, who has had several, scored another Comment of the Day today with his reflections on the strange nature of “obstruction of justice ” charges, when justice would in fact be for no charges to be brought at all.

He was focusing on #3 in today’s warm-up,  which discussed yesterday’s “resistance” theory that  allegations  that the President wanted to fire the Special Prosecutor (but didn’t) prove that he was trying to obstruct justice when he fired James Comey, who so, so deserved it.

I see unmistakable signs that the “resistance” is losing its already tenuous grip on reality, and is increasingly yielding the raw hate and fury that long ago supplanted any rational criticism of Donald Trump. Consider has-been Leftist documentarian Michael Moore, who with fellow progressive performers Mark Ruffalo, Whoopi Goldberg, Rosie Perez and Cynthia Nixon, who have to do something between jobs, is pushing  Monday’s Counter-State of the Union , which is only slightly more sensible than the “scream pointlessly at the sky” event. Remarkably, among Moore, Whoopie, Rosie, Cynthia and Mark there isn’t a single political science, history, economics, or government major. In fact, there isn’t a single college degree of any kind between them, or business, government or executive experience of any kind.

 Michael Moore, speaking on behalf  of MoveOn.org (Do the Time’s Up and #MeToo crowd recall that Move-On was spawned to protest Bill Clinton facing accountability for his cover-up of sexual misconduct? Nah.), sent out an email that read in part, before the fundraising pitch,

Donald J. Trump has proven himself to be completely unfit for office, a threat to our country, and an imminent danger to the world. He is not well; he is a malignant narcissist and an active sociopath. And because he holds the codes to fire nuclear weapons, he is a singular threat to humanity.

This situation is a nightmare. And the only reason that things aren’t FAR WORSE than they already are is that millions of us have come together to engage in our democracy, resist, and organize.

But our problems go far beyond one sociopath president. The mission that we are on and the work that we must do is to tear down the rigged system that produced Trump in the first place. We must imagine the America that we want to live in. We must create the post-Trump America.

And this is actually possible: The fierce, determined Resistance movement that began after Trump’s election could create an avalanche at the polls this November. Together, we can stop Trump and the GOP and begin the work of creating the country that we imagined.

The country the Moore imagined was called the USSR. But I digress.

Here is Chris Marschner’s Comment of the Day on the post, Morning Ethics Warm-Up: 1/27/2018: “If You Want It, Here’s How To Get It” Edition: Continue reading →

Hillary Clinton Ethics And #MeToo Integrity

/ Jack Marshall / 17 Comments

But first, a diversion:

I gave my sister “What Happened” as a gift, I hadn’t turned it over, so I saw the alleged photo of the author for the first time when she took off the wrapping. (This was a late Christmas gathering.) Hilarity ensued. Here is what we saw:

Now here’s an up-to-date picture of me:

Not to be petty or anything, but flattering photos are one thing, and extreme misrepresentation is another. Hillary’s book jacket photo is a visual lie, showing vanity and a lack of integrity….just like her book.

But I digress…

Yesterday  Clinton responded to a New York Times story revealing how she handled allegations of sexual harassment within her 2008 presidential campaign. After  her campaign spiritual adviser, Burns Strider, was accused by a young female staffer of repeated sexual misconduct, Hillary refused to fire him, instead docking him several weeks of pay telling  him to seek counseling. The young woman was moved to a new job. Clinton didn’t dispute the facts. She said this (WARNING: HEAD EXPLOSION RISK!) via Twitter: Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up: 1/18/2018: Enemies Of The People

/ Jack Marshall / 2 Comments

Today’s Comment of the Day teaches a couple of lessons:

1 Contrary to common belief, and Ethics Alarms Comment of the Day does not have to be long, though many are. Indeed, I was tempted to make Willem Reese’s one sentence comment to the Kangaroo People abortion ethics thought experiment a Comment of the Day. He asked, shaming us all,

“The deciding case would likely be Roo v.Wade, then?”

2.  Late comments on older posts are still worth reading.

Here is Pennagain’s Comment of the Day on the post, Morning Ethics Warm-Up: 1/18/2018: Enemies Of The People:

Over the past couple of decades, approximately, I have become increasingly uneasy, depressed, anxious, angry, isolate and finally maddened by what has gone into the methodical and insanely deliberate betrayal of ideals and freedoms, the destruction of respected, useful institutions, the disregard for all the high, bright values in “my” society, my culture. But even when the detrimental changes began to affect me directly — my person, my quality of life, my safety and security (such as it was: I’ve never needed much) — I clung to the mantra this too shall pass. But, as my historian friend kept reminding me, the 500+ year old Roman Republic went belly up within the same amount of time, and never found its feet again. Still, I wasn’t scared out of my wits until I read the word “COUNTERSPEECH.”

Counter. Speech. Against speech. Not just anti-First Amendment, something to STOP PEOPLE FROM SPEAKING. Not just “free” speech; simply not using any words that mean anything. The language of technology, the language that becomes more abbreviated with all its faster-than-life(sic) changes, a spoken version of texting and twitting, a dumbing of vocabulary, a numbing of nuance. . A muffling of all meaningful voices. The left will pull the blanket over its head first, and willingly, and not even understand what is happening until it wakes up in the middle of the night with its headphones glued to its brains, silently screaming.

Much as I hate to bring up the name of der Furher because it has become such a cliche, he has the most appropriate description of what “Counterspeech” can become. It is akin to what Hitler first announced at the Wannsee Conference in 1942 as The Final Solution.

Good-Bye To The Hasty Pudding Show

/ Jack Marshall / 19 Comments

The Hasty Pudding Theatricals is an ancient  Harvard theater troupe that was always a drag show, staging productions since 1844 in which men played all the women’s roles. It has announced that, for the very first time, it would include women in the cast.  “The Hasty Pudding Theatricals is proud to announce that going forward, casting will be open to performers of all genders,” the group’s producers, Hannah Needle and Annie McCreery, said in an email.

This is an institution fatally impaling itself on the obelisk of political correctness.

I wondered when this would happen. I assumed it was inevitable once Harvard’s social justice warrior President Drew Faust announced in spring 2016 said that students who participated in single-gender clubs would not be allowed to hold on-campus leadership positions, captain sports teams, nor be eligible to receive  endorsements for prestigious fellowships. Last year,Harvard considered banning the clubs outright, which would have included the Hasty Pudding Club which originated the show, but decided  in 2017 to continue its policy of sanctions while leaving the threat hanging, like the sword of Damocles.

The Hasty Pudding show was an anachronism even when I was student. Student drag shows were common in the days before co-ed schools, and Harvard’s was the last one standing, which is what made it worth seeing and famous, the same random process that immortalized Fenway Park and George Burns. The show had a budget the size of a professional touring show, and did tour, performing for Harvard alumni clubs across the country, in addition to a month’s long run at the group’s Harvard Square theater. It hired a professional director, much of the orchestra, and the students who participated essentially gave up half a year of their education to participate. Harvard used to make its students who were interested in performing careers get their experience in extra-curricular theater groups like “the Pudding,” as it is called: there was no theater major. Thus stars-to-be like Jack Lemmon and Fred Gwynne got their start on the road to fame in Pudding shows.

The whole point is, however, that it’s a drag show. Many of the laughs come from the running joke that the women in the story are played by men, usually the biggest, tallest, hairiest ones available. The show is far more of a spoof on men than women. I have never known a woman who was offended at drag comedy. I have known many men and women who didn’t find it funny—my father hated Milton Berle especially because of his penchant for dressing in drag. I’m not a fan either, although John Cleese’s female impressions are irresistible.

I was also not a fan of the Pudding show itself, despite being very active in campus theater and having many friends who performed. I only saw one of the productions, “Bottoms Up!”, my freshman year. It was slick, well-performed, the costumes were terrific, and the original, student-written songs were excellent—I still have the cast album–but one hasty Pudding theatrical was plenty. The climax of every show was a spectacular kickline, which was perfectly executed by big, hairy guys dressed like the Rockettes. Again, not my cup of tea: I appreciated it rather than loved it. Continue reading →

Morning Ethics Warm-Up, 1/26/1918: It’s Incompetence Friday!

/ Jack Marshall / 45 Comments

Good Mronign!

Competence is often not regarded as an ethical value, but it is one of the most important of them all. It is also one of the most commonly breached, usually with the rationalization that “everyone makes mistakes.”

1 “The Nip” Redux  In a legendary “Seinfeld” episode, Elaine’s Christmas card features a photo, taken by amateur photographer and inveterate screw-up Kramer, in which one of her nipples is exposed. Kramer, however, was an admitted amateur. What is Vanity Fair’s alleged professionals’ excuse for its current cover (I’m not talking about the nauseating pandering to Hollywood it represents, for which there is no excuse), which shows actress Reese Witherspoon with three legs?

Vanity Fair may have been too focused on photoshopping out actor James Franco, who was in the original photo but became model-non-grata when he was accused of sexual harassment, and as #MeToo has taught us, an accusation is all the due process these male scum deserve.

2. Segue Alert! And speaking of Hollywood, there has been much ballyhoo over the fact that the nominated Best Actresses this year play feisty, unglamorous, tough, in several cases outright repulsive women. Question: Who likes watching such characters (and more are on the way)? The Academy snubbed the most popular film with a female star, Gail Gadot in “Wonder Woman,” who probably is still too politically incorrect because men—ick!—find her attractive. 2017 was a catastrophically bad year at the box office, meaning that Hollywood proved incompetent at its job, with is making movies people want to see. It also displayed incompetence—not to mention arrogance, bias, condescension, hypocrisy and stupidity–by shooting off its various mouths on political matters, making the entire film industry, which should be a unifying force in the culture, polarizing, like everything else in 2018.

The Hollywood Reporter has a report about the role politics plays in the Academy Award voting; this has always been true, but never more than now. I cannot imagine who would care what or who wins the statuettes when it is all transparent political grandstanding, virtue-signalling and an attempt to meet quotas. Next crisis on the horizon: Hispanic artists are gearing up to show how they have been statistically insufficiently represented in nominations and awards. I presume Asians will do likewise. Why are there not more roles and awards for the differently-abled? Trans performers? Hollywood is committed to the Left, the Left is committed to tribalism, and tribalism has nothing to do with popular entertainment.

Or democracy. But I digress. Continue reading →

The Unethical Sentencing Of Dr. Lawrence Nassar

/ Jack Marshall / 40 Comments

Non-lawyers and journalists mostly cheered Ingham County Court Judge Rosemarie Aquilina’s grandstanding, self-indulgent, unprofessional and unethical handling of Dr. Larry Nassars’s sentencing yesterday. Nobody bothered to seek the opinion of criminal lawyers and judges, much less ethicists. If they had, they would have heard a loud, collective, “Ugh.”

It was a disgrace. I object to victim impact statements in sentencing, a terrible idea pushed by victim’s rights advocates, because it misrepresents the purpose of the justice system. The objective is to punish citizens for violating laws, not to get revenge for victims or their families, not to get “closure,” and not to satisfy emotional needs. The process isn’t personal, or shouldn’t be. If it is personal, then it isn’t objective. Judge Aquila threw all of that out the window as she played to the cameras and the mob.

Criminal defense lawyer and blogger Scott Greenfield aptly explained what was unethical about the parade of victims:

Nassar’s sentencing hearing is a clear example of a judge straying from promoting the public’s trust in a fair and impartial judiciary. Let’s begin with Judge Aquilina’s decision allowing over one hundred and sixty victim impact statements across seven days. 

Victim impact statements are theoretically allowed as a means of giving a crime victim the chance to describe their experience to the court. Defense lawyers aren’t typically fans of them, and too many can arguably have a prejudicial effect against a defendant.

Contrast Nasssar’s hearing with that of Dylann Roof, the Charleston shooter responsible for the deaths of nine churchgoers. Judge Richard Gergel admonished the State’s list of thirty-eight statements, cautioning against a “spectacle”. David Bruck, the attorney assigned to advise Roof, claimed the proceeding violated “every principle restraining victim impact statements under the 8th Amendment.”

Strangely, no advocate stood to question admitting impact statements from over 160 victims, including gold medal Olympians, might prejudice a jurist’s decision. It’s hard to imagine Judge Aquilina even entertaining such an argument.

It is also hard to imagine Nassar’s sleepwalking defense attorney making such an objection. She was praised by the judge for taking on an unpopular client, but taking him on isn’t enough. She was supposed to protect his rights.

Then the judge delivered her sentence, turning her moment in the national spotlight into a self-aggrandizing, virtue-signalling, vainglorious soliloquy to the gallery. This was one more example of why televised court proceedings are a bad idea.

I’m going to give you the whole transcript of her remarks, bolding the sections before my comments. Cut to the bolded sections if you don’t care to experience the full measure of Judge Aquilina’s narcissism. One section,, however, was left out of all the published versions that I could find:

“Our Constitution does not allow for cruel and unusual punishment. If it did, I have to say, I might allow what he did to all of these beautiful souls—these young women in their childhood—I would allow someone or many people to do to him what he did to others.”

The judge apparently had this excised from the official transcript. No wonder. She is advocating prison rape and by doing so, endorsing it. Michigan’s judicial ethics standards require in part,

“A judge should respect and observe the law. At all times, the conduct and manner of a judge should promote public confidence in the integrity and impartiality of the judiciary. Without regard to a person’s race, gender, or other protected personal characteristic, a judge should treat every person fairly, with courtesy and respect.”

Needless to say—I hope—‘I wish I could have you gang raped’ does not meet this standard. It is also troubling that a judge would distort the record. She said what she said, and the public should know she is the kind of jurist would say something like that—an unethical one. The state’s judicial panel should also know.

Here is the rest: Continue reading →

Comment Of The Day: “Ethics Quiz: ‘NCIS’ Ethics”

/ Jack Marshall / 5 Comments

[ Again I am awash in Comments of the Day. There’s no question about it: the comments here are getting better, and more commenters are participating. There are also more comments being made to posts than ever before. 2017, despite a 10% drop in traffic from 2016, set a record for comments. This blog was always designed to be an interactive online colloquy on ethics. More views, links and shares would be nice, but I’ll take more and better comments over volume any day. You all are doing a terrific job. I may  have to make “Comment of the Day” a daily rather than an occasional feature. That would be progress.]

The latest Ethics Quiz was about this week’s “NCIS” episode in which the federal agency’s director got all misty eyed and proud to learn that his daughter had accepted the blame (and the charges) for her friend’s shoplifting because her friend was 18 (and a habitual shoplifter) and the offense would end her dream of college. Ethics Alarms readers were asked whether this was a responsible ethics message for Mark Harmon’s long-running procedural to send, especially to any children watching.

The quiz attracted uniformly excellent responses (my take is here).

Here is Greg’s Comment of the Day on the post, Ethics Quiz: “NCIS” Ethics:

I would say that the daughter acted foolishly and the father acted unethically.

The father has a duty to teach and protect his children, which he utterly failed to fulfill in this case. His daughter is showing disastrously poor judgment, placing her future seriously at risk, and he needed to set her straight. He should have lectured her on the enduring truth of the adage, “Lie down with dogs, rise up with fleas.” She should not be spending any time at all with an incorrigible thief. This other girl is big trouble. She has already gotten the daughter arrested once and if the daughter continues to hang out with her, the odds are high that she will do it again. The lesson that the daughter should have learned from this incident is that she needs to shun the company of this supposed friend. Instead, the incident has bound them together even more closely. Continue reading →

Morning Ethics Warm-Up, 1/25/2018: Special “Was That Wrong? Should I Have Not Done That? I Gotta Plead Ignorance On This Thing Because If Anyone Had Said Anything To Me At All When I First Started Here That That Sort Of Thing Was Frowned Upon…” Edition*

/ Jack Marshall / 12 Comments

Good morning, all.

Let’s get warmed up…

1  Social media censorship. Tom Champlin, who owns the libertarian news aggregator The Liberty Review and runs its associated Facebook page was banned from Facebook for 30 days under its “community standards” for posting this:

Facebook prohibits posts that promote harmful conduct, eating disorders and suicide, but no one but an idiot–is the Facebook community made up of idiots?—would misinterpret the meaning of that meme. It’s a political statement, and if it really violates Facebook’s “community standards,” then Facebook is demanding ideological conformity in its already largely mindless left-wing echo chamber. Either enough Facebook users who believe in free speech make a stink over this kind of attempted regulation of public opinion to force Facebook (and Twitter, and Google) to cut it out, or the open expression of ideas in social media will be doomed.

I suggest every Facebook user post this meme, not to chide Obamacare, but to show support for freedom of expression, and contempt for Facebook’s attempt to strangle it. Of course Facebook, as a private business, can ban what it wants. That doesn’t mean abusing its power and influence is any less dangerous or despicable.

I just posted this item, with the meme, to my Facebook page. I’ll be interest to see a) if I get banned, even with the above preface, and 2) how many of my knee-jerk progressive friends have the integrity to post the meme themselves.

2.  Predators who don’t get it, Part 1. Like many others, I wondered if the NPR banishment of Garrison Keillor and the deposit of his iconic “Prairie Home Companion” radio show  in the Void of Shame was just witch hunt mania. Keillor dismissed it as the result of a single ex-employee making a late fuss over an accidental laying on of hands. Finally, after being attacked by Keillor fans for Frankening him unjustly, Minnesota Public Television, which was the NPR station that investigated the plummy humorist, decided that it had to go public with the real story. Yesterday it posted a statement that said in part…

When Minnesota Public Radio abruptly severed ties with Garrison Keillor in November, the sole explanation offered by the company was “inappropriate behavior” with a female colleague.

For his part, the creator and longtime host of A Prairie Home Companion described his offense as nothing more than having placed his hand on a woman’s back to console her. An investigation by MPR News, however, has learned of a years-long pattern of behavior that left several women who worked for Keillor feeling mistreated, sexualized or belittled. None of those incidents figure in the “inappropriate behavior” cited by MPR when it severed business ties. Nor do they have anything to do with Keillor’s story about putting a hand on a woman’s back:

  • In 2009, a subordinate who was romantically involved with Keillor received a check for $16,000 from his production company and was asked to sign a confidentiality agreement which, among other things, barred her from ever divulging personal or confidential details about him or his companies. She declined to sign the agreement, and never cashed the check.

• In 2012, Keillor wrote and publicly posted in his bookstore an off-color limerick about a young woman who worked there and the effect she had on his state of arousal.

• A producer fired from The Writer’s Almanac in 1998 sued MPR, alleging age and sex discrimination, saying Keillor habitually bullied and humiliated her and ultimately replaced her with a younger woman.

• A 21-year-old college student received an email in 2001 in which Keillor, then her writing instructor at the University of Minnesota, revealed his “intense attraction” to her.

MPR News has interviewed more than 60 people who worked with or crossed professional paths with Keillor. Most spoke on the condition of anonymity because they still work in the industry or feared repercussions from Keillor or his attorneys…

Is it possible that Keillor really believes that he never did anything wrong? Yes, it’s very possible, and this Ethics Alarms post from yesterday in all likelihood applies to Keillor, another weird, homely guy that learned early in life that show business was a great way to attract women. Continue reading →

Comment Of The Day (And Poll Results!): “Meet The Passionate Ethics Dunce Confronting Public Figures With Their Immigrant Histories…”

/ Jack Marshall / 22 Comments

I decided that this one was too stupid for the poll…

I want to express my gratitude to veteran Ethics Alarms commenter and previous Commenter of the Year texagg04 for another of his epic contributions, this one following up on my poll asking readers to vote for the worst of 15 commonly used justifications for tolerating illegal immigrants. Rather than choose the worst—“stupidest,” in Tex’s parlance that I approve of in this matter—he ranked them from stupidest to least stupid, after commenting on each and explaining what each signifies.

The Most Stupid in his ranking is also the most sinister and the most important: “Opposing illegal immigration is racist/xenophobic.” The entire pro-illegal immigration movement has adopted the strategy of impugning opponents as racist or xenophobic  to both stifle legitimate debate while demonizing the rule of law and immigration restrictions.

The poll that ended the January 22 Ethics Alarms post about Jennifer Mendelsohn , who thinks that if you had a legal immigrant in your lineage you are a hypocrite to advocate enforcing immigration laws attracted 239 votes, and Ethics Alarms record (multiple choices were allowed). The final results with percentages of votes cast:

“Opposing illegal immigration is racist/xenophobic.” 19.67%

“We stole their country, so it’s really theirs to use as they please.” 12.55%

“We’re a nation of immigrants.” 11.3%

“The words on the Statue of Liberty!” 7.95%

“They do jobs Americans won’t do.” 7.53%

“Think of the children!” 6.69%

“Illegal immigration is an act of love.” 5.44% (tie)

“They just want a better life.”  5.44% (tie)

“They aren’t hurting anybody.” 5.44% (tie)

“Our economy depends on them.” 5.02%

“They aren’t really criminals.”  4.18%

“We’re a compassionate people.” 3.77%

“You would do it too, if you were them.” 2.93%

“It’s a dumb law.”  2.09%

Here is texagg04′ s Comment of the Day on the poll included in Meet The Passionate Ethics Dunce Confronting Public Figures With Their Immigrant Histories As If It Proves Anything: Continue reading →