Ethics Alarms Award Nominee

Portrait Of An Ethics Train Wreck:The Race-Baiting ESPN Commentator

/ Jack Marshall / 10 Comments

The recent still-rolling ethics train wreck launched by ESPN “SportsCenter” co-host Jemele Hill is a perfect example of how such cultural fiascos occur.

Hill, a young African American woman, went on a Twitter rant against President Trump  this week.

“Trump is the most ignorant, offensive president of my lifetime,” Hill tweeted Monday night. “His rise is a direct result of white supremacy. Period. He is unqualified and unfit to be president. He is not a leader. And if he were not white, he never would have been elected.”

Factors, Stage I:  The Instigator

A. An ethics alarms doesn’t  ring.

Why in the world would Hill think that the face of a national broadcast network could publicly call the President of the United States a white supremacist without causing a problem for her employer? The key ethics values being breached  are trust and responsibility. She has a responsibility to ESPN, which should be able to trust her not to harm it or upset viewers.

B. An instigator has an inflated view of his or her own importance, indispensability, wisdom, expertise or authority.

We are living in an age where narcissism is epidemic, but even so, a sports anchor has to be able to comprehend that once he or she is outside the realm of sports, her opinion on the President or anyone else cannot possibly have a positive effect on public discourse unless it is carefully crafted, thought out, and expressed.

The key ethics values being breached are competence and  humility.

C. Social media.

Any public figure, including TV personalities, should not use social media until they recognize that a flamboyant post is the equivalent of a press release. Attacking the President, especially in personal terms, is stupid, even when the attack itself isn’t as stupid as Hill’s. (Uh,  Jemele ?  President Obama would never have gotten to within a baseball throw (remember, we saw him throw a baseball) of the White House, or even the nomination, if he were not black. Before him, no candidate, successful or not, for President would have been elected if wasn’t white, or male for that matter. Or Jewish. The accusation if Trump were  “not white, he never would have been elected” is really, really stupid.

The key ethics value being breached is competence.

D. Corrupting cultural influences.

Too many of Hill’s likely peer groups and those around her have, since last November 8, engaged in nearly continuous disrespect of the President’s person, his office, and the process that elected him. This continues to be divisive, destructive, and dangerous for the nation. It is wrong. The culture is giving her terrible role models, like Maxine Waters, celebrities on Hollywood award shows, and Stephen Colbert, who, for example, thought that it was a appropriate and hilarious to repeatedly give the “Heil!” salute on his show as an insult to the President. CBS (unethically) lets him get away with this kind of thing, because it embraces the Star Syndrome, or the King’s Pass, rather than ethical principles.

The key ethics value being breached is citizenship.  Hill has been misled into thinking that amplified hateful conduct and rhetoric toward a President is appropriate conduct for any U.S. citizen. it isn’t. It is even more inappropriate for prominent Americans in the media.

Stage Two: Failed Containment

ESPN’s response was this: “The comments on Twitter from Jemele Hill regarding the President do not represent the position of ESPN. We have addressed this with Jemele and she recognizes her actions were inappropriate.”

This made the problem worse. Why? Because ESPN had, more than once, suspended or fired prominent personnel for far less “inappropriate” public comments than what Hill said. Thus it appeared to shrug off a personal attack on the President, including accusations of racism.

Factors, Stage Two

A. Inept Ethics Chess

How could ESPN, already under fire for politicizing its sports reporting (and losing viewers as a result) not realize that an ethics train wreck was starting to roll, and that it could either stop it, or accelerate it? Hill had made sure that no matter what it did, it would be attacked, but no valid attacks would land if it said, “As we have in the past when on-air personnel have made inflammatory statements about public figures and issues unrelated to sports, ESPN has suspended Jamele Hill for her comments about President Trump.”

The key ethics values being breached are  competence and fairness.

B. Bias makes you stupid.

ESPN and its parent company Disney is largely run and populated by Democrats, progressives and liberals who detest President Trump, and thus have their values paralyzed by bias in everything related to him. Echo chamber or no, they should recognize this by now, and adjust accordingly. Everyone has to recognize the biases that lead to bad decision-making. In addition, one is in immediate peril of unethical conduct when one refused to respect the choices and views of fellow citizens, especially when you purport to provide services and products to all

The key ethics values being breached are trust, competence and fairness.

C. Unethical messaging

As a business, employer and a prominent presence in the culture, ESPN has an obligation to send clear, positive, responsible messages to its employees, audience and the public at large. Ugh. Here are some of the messages a reasonable person could derive from the networks bland reaction to Hill’s rant:

If you are female and black, you can pretty much get away with saying controversial stuff that a white man can’t. (See: Curt Schilling)

ESPN thinks the President and half the population and probably more than half its audience is racist, but would prefer employees not broadcast that fact, because it is inappropriate.

ESPN hires self-righteous political grandstanders rather than competent sports commentators.

ESPN has double standards.

ESPN has no standards.

ESPN is run by a confederacy of gerbils.

Here is the message that ESPN, if it were responsible, trustworthy, fair and competent while respecting its viewers, should have sent with whatever action it chose to take regarding Hill: Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up, 9/12/17: Hurricane Reports, And Poor Charles M. Blow Needs A Vacation”

/ Jack Marshall / 9 Comments

G.K. Chesterton (above), perspective, and most of all, optimism: Ryan Harkins’ Comment of the Day, prompted by the post Morning Ethics Warm-Up, 9/12/17: Hurricane Reports, And Poor Charles M. Blow Needs A Vacation, (about NYT columnist Charles Blow—the idiot– declaring today’s USA “Hell on Earth”)  has all of these, and wisdom too.

Here it is:

Okay, I tried to read the article, and I made it no further than Blow describing Trump’s America as the ninth circle of hell. When one strikes that level of hyperbole, it eradicates any credibility one might have possessed.

One of the greatest counters to depression and despair is an attitude of gratitude, something I truly see lacking in anything coming from the left. We have a great nation. We have great opportunities, and we have a culture that truly seeks – if sometimes in very strange, even damaging ways — to right wrongs and make life as fair as possible. If you look around the world, and if you look at just about any culture that existed since the dawn of history, you won’t find any people who have been so richly blessed as those in our country today. This is especially true when you consider the stability our nation has, and its lack of credible enemies that pose any existential threat to our nation. We can go about life assured that tomorrow will indeed be much like today.

Even in the face of hurricanes, we have much for which to be grateful. We have incredible technology that gives us quite a bit of advanced warning that the storms were coming. We have minimized death tolls in the face of these natural disasters, and we have a government willing to pour billions of dollars into rebuilding communities destroyed by the hurricanes. We have seen an incredible outpouring of generosity from the nation at large to help the hurricane victims (the Knights of Columbus alone raised $1.3 million). Yes, the devastation is traumatic, and yes people have lost livelihoods, all their possessions, and even family members. But this strikes against one very important aspect of life. Continue reading →

Morning Ethics Warm-Up, 9/13/17: Mansplaining, More Climate Change Hype, And Shut Up And Sing, Stevie…

/ Jack Marshall / 70 Comments

Good Morning!

1 Keep it up, you ignorant exaggerators, liars and hypers. Keep it up. Eventually people of good will and functioning brains will figure out that you and whatever movements you crave lack integrity and decency, and rely on manipulation and fake news from a news media that decries fake news.

2. Yesterday, Stevie Wonder began yesterday’s Hand In Hand Telethon to raise money for hurricane recovery by  by saying, “Anyone who believes that there’s no such thing as global warming must be blind or unintelligent.”

Good-bye, Hand In Hand Telethon! In fact, good-bye all such telethons, forever. The last one featured professional asshole Kanye West announcing that President Bush was deliberately leaving blacks unrescued, while weenie Mike Myers stood there next to the rapper like gutless tool he is. I switched off Stevie and his ignorant pals and watched the Red Sox slaughter the Oakland As and reruns of “Criminal Minds.”

I know you aren’t especially educated or astute beyond your musical genius, Stevie, but that means that you should keep your half-baked opinions off national live TV and out of the ears of people who admire you and are as ignorant as you are (See here). Since global warming cannot credibly or definitively be blamed for any single weather event, Stevie’s inappropriate outburst was a complete non sequitur. The existence of two big hurricanes isn’t evidence of climate change. We could have experienced two hurricanes of the same or greater power if there were no climate change, or if the world were cooling. We know this because we have experienced stronger hurricanes long, long before anyone was arguing about global warming. Thus it would have been equally appropriate for Stevie to declare, “Anyone who doesn’t think Barry Bonds belongs in the Hall of Fame is an idiot,” or “Anyone who doesn’t think Brussels sprouts are yummy is an idiot.” Thanks for sharing, but what exactly does it have to do with helping hurricane victims?

Sensing an opportunity, many celebrities, elected officials and pundits have been  acting like blind, under-educated pop singers. The proper analogy would be the periodic attempts to use mass shootings by unstable people who obtained guns in ways that wouldn’t be blocked in any way by proposed gun policy changes to create a wave of emotion, polls and blind (sorry, Stevie, but you started it) anger that would force new restrictions on individual rights.

When this happens, my personal reaction, as it was to gun control mania after the Sandy Hook shooting, is to say, “OK, that’s it. I was generally in favor of some reasonable policy measures to respond to this problem, but since you advocates for them keep lying, spinning, and using misleading statistics and false arguments, I’m out. I don’t trust you to draft or implement such policies, and as long as liars, cheaters and fools like you are on that side, I’m on the other. Get back to me when you stop lying.” Continue reading →

Comment Of The Day: “The ‘Unacceptable Word’ Fiasco: OK, Now I Really Want To Know How Many Progressives Seriously Endorse Stuff Like This?”

/ Jack Marshall / 15 Comments

I don’t know if anyone regularly commenting here cares about the punishment of the acting student for his politically incorrect choice of words in an improv exercise as much as Curmie (above) and I do, but we care about it a lot.  As with the Ethics Alarms baseball ethics posts, the various theatrical ethics posts here sink quickly in readership, which, I’m afraid, speaks to a regrettable narrowness of vision. Ethical issues are seldom restricted in their applicability to the specific area in which they arise. I’m especially sensitive to ethics issues others might miss in certain areas where I have a lot of experience and expertise. The same is true, obviously, with Curmie.

Incidentally, I again urge readers to check on Curmie’s blog routinely. He has been through a light writing period of late, but when he speaks, as they once said of E.F. Hutton, people listen, or should. And maybe we can get him writing more again. I know of no more thoughtful, fair, and eloquent blogger, regardless of the topic.

See Curmie? The pressure’s on now!

Here is Curmie’s Comment of the Day on the post, The “Unacceptable Word” Fiasco: OK, Now I Really Want To Know How Many Progressives Seriously Endorse Stuff Like This?:

I am not an acting teacher by trade, but I have taught about two dozen sections of various college-level acting courses over the years. I’ve also taught directing maybe 15 times, and I’ve directed about 40 full-length plays (and a bunch of one-acts)—I’ve used improv techniques in the classroom and in rehearsal many times, although perhaps fewer than some of my colleagues of equivalent experience may have done.

It is remotely possible that the professor, Craig Rosen, imposed some restrictions on the exercise. I’ve done this. For example, if a student is working on a period piece and the language is, shall we say, less explicit than that of a work by David Mamet or Neil Labute or Sarah Kane might be, that young actor may be having trouble finding the anger a character feels if the verbal expression of it seems mild by 21st-century standards.

I’m reminded of working on a book chapter about an Irish version of Chekhov’s Three Sisters. The translator/adapter had Masha, one of the title characters, refer to her sister-in-law as a “bitch.” I happened to have access to a good friend and native Russian speaker, who also happened to be a scholar of dramatic literature. No, she said, Masha’s expletive doesn’t really translate that way… but for her expression of class-driven disgust to have the same effect on a modern audience that Masha’s line would have had in Tsarist Russia, she’d have to call Natasha a “fucking shopkeeper.” Continue reading →

I’m Sorry To Have To Do Again This So Soon, But I Promised…Unethical Quote Of The Week: NYT Book Reviewer Jennifer Senior

/ Jack Marshall / 24 Comments

I’m going to kill this fake history if it’s the last thing I do…

“But one thing we know for certain: History conspired against Clinton. No non-incumbent Democrat has succeeded a two-term Democratic president since 1836, and 2016 was a year when voters were pining for change.”

—-New York Times book reviewer Jennifer Senior, spinning for Hillary in her review of “What Happened”

I promised. I promised myself and Ethics Alarms readers that every time Presidential historian Doug Brnkley’s false election night statement that voters seldom elect the same party into the White house 12 years running is quoted as an explanation for Hillary Clinton’s loss, I would point out that this is a lie, and an especially awful one when issued on national TV by a supposedly-credible historian

Based on today’s New York Times review of Hillary Clinton’s excuse-and-blame fest in the wake of her defeat last November, I, and the truth, are making a little joint headway. Reviewer Jennifer Senior has refined Brinkley’s false history and now has a technically accurate but equally misleading version.

Yes, it is true: No non-incumbent Democrat has succeeded a two-term Democratic president since 1836. There is a threshold problem with even this reduction: why does the “rule” only apply to Democrats? Apparently Democrats can use the excuse that voters never vote in non-incumbents of the same party after 8 years, but Republicans can’t. Sorry, John McCain! Tough luck, Richard Nixon!

Democrats are so comfortable with the concept of double-standards when it benefits them. It’s scary.

The larger problem with this factoid is that it is deceitful. Using 1836 sounds impressive: Wow, this hasn’t happened for almost 200 years! No wonder Hillary lost! It’s not so impressive when one points out, as Senior doesn’t have the integrity to do, that there have been only three elections before 2016 when a non-incumbent Democrat had a chance to succeed a two-term Democratic President. Three. 3. III. I can flip heads with a coin three times in a row (or tails) any time I want to, in less than five minutes. The fact that in just three elections cheery-picked for certain similarities (though they were anything but similar) the same party lost proves, or even indicates, nothing. Suggesting it does is either ignorant or dishonest. (In Senior’s case, I vote dishonest, but I could be wrong.) Continue reading →

Morning Ethics Warm-Up, 9/12/17: Hurricane Reports, And Poor Charles M. Blow Needs A Vacation

/ Jack Marshall / 43 Comments

Good morning.

1 There is supposedly a controversy regarding the on-the-spot hurricane reports: is it ethical for networks and news stations to place reporters and camera operators in mortal peril by having them scream into a mic while being buffeted by wind, rain and debris?

What’s the controversy? Of course it’s unethical. In addition to sending ridiculously mixed and self-contradictory messages—“I’m standing here in the storm telling citizens in the area that they shouldn’t be in the middle of this storm!”—it is also bad Ethics Chess. This stunt will continue until the first reporter is blown into a wall and sustains permanent brain damage, or is injured by a flying piece of debris that impales her, maims her, or cuts her in half. It is entirely predictable that this will happen eventually, and once it does, reporters will stop doing it. Why not stop this before a the inevitable tragedy occurs?

TV stations do it for ratings, that’s all. It’s great visual programming. It’s not necessary. Half the time, we can’t make out what the reporter is screaming, and what they are screaming is redundant and stating the obvious.

Apparently the first reporter to do this was Dan Rather.

Figures.

2. What is the mission of a pundit, a talking head, a columnist? It has to be—don’t you think?—to enlighten readers, to convey a constructive, useful analysis of complex issues, to reliably filter facts and controversies through a unique view-point without so completely tainting his or her output with bias that it actively misleads.

Yesterday New York Times columnist Charles Blow issued a column titled “Soul Survival in Trump’s Hell on Earth.” This was the apotheosis of the kinds of columns Blow has been writing almost exclusively now for months; at least I hope it’s that, for I can’t imagine where he goes from here. This column, like the others, is nothing, literally nothing, but a nearly fact free exposition on the theme, “I hate the President. I really do. I do so, so much. I know you do too, and if you don’t, I hate you too. ARRRGGGGHHH!”

The headline isn’t hyperbole; Blow, if he is to believed, really thinks Americans are living in Hell because Donald Trump is President. Not because there is a Great Depression hovering over the land, not because we are embroiled in a Civil War, or the existential threat of a world war, or the daily threat of an  international stand-off igniting into world-wide thermonuclear obliteration, but because a President was elected that offends the ideological and partisan sensitivities of Charles M. Blow.

Hell.

Seriously.

How can the New York Times continue to justify publishing the weekly primal screams of this pompous, doctrinaire, and now apparently deranged pundit? Exaggerating problems and pronouncing that we are all but doomed is not a service. It is harmful. The only readers who will be persuaded by a column like this are the ones who decide that something has to be done and that it’s time to build that bomb. Moreover, when a pundit reaches the stage that Blow has, where the simple act of a government not agreeing with his views and enacting policies that he does not favor launches him into hysteria, that pundit needs a vacation. Or maybe another career.

What are Blow’s arguments that justify his diagnosis that the United States is now Hell on Earth? Is it that a major party and its supporters have set out deliberately to undermine American institutions by rejecting a national election, seeking to remove an elected President by non-electoral means? Is it that the  international fumblings and ditherings of the previous administration are, as predicted, resulting in increased threats to the United States and the rest of the world? Is it that American journalism and its uniquely free news media, beyond question the app that makes democracy function, has now become, by its own abuses, so completely politicized and untrustworthy that it has become a threat to the nation, rather than its watchdog?

Nah, none of this appears to bother Blow at all; as far as I can detect, he approves of all of it. Here is his Bill of Biased Generalities that add up to Hell on Earth: Continue reading →

Morning Ethics Warm-Up, 9/11/17: Irma and Climate Change Hype; Democrats And Anti-Catholic Hypocrisy

/ Jack Marshall / 122 Comments

Good Morning!

1 I’m in Boston to address a group of new admittees to the Massachusetts bar today.

2. Broadcast journalists were surprisingly restrained with Harvey, but the second major hurricane in less than two weeks is apparently too much for them, as it is for other climate change shills on social media and elsewhere (I’m looking at YOU, Jennifer Lawrence…which, I admit, isn’t all that unpleasant…)

Thus I am hearing (and reading) more and more claims that Hurricane Irma on top of Hurricane Harvey is the result of the nation’s failure to aggressively limit carbon emissions…as if two (or more) big storms in hurricane season is unprecedented, and didn’t, in fact, occur far more frequently when Al Gore was knee-high to a grasshopper. What does the cynical use of the 2017 storms as propaganda for the gullible and weak-minded tell us?

It tells us that the journalists don’t know beans about climate, weather and the science of global warming. It shows us that they are willing to mislead the public out of dishonesty, bias or incompetence, by spreading what amounts to junk science regarding an important policy issue. It tells us that they can’t resist using their position as reporters to boost what is for them a political agenda, for not one of them has first hand knowledge or genuine expertise regarding whether the earth is warming, how much, for how long, to what effect, and what will actually slow it down, and very, very few of them could explain a climate change model if their lives depended on it.

Finally, it tells us they are stupid. Every time it becomes obvious that the news media, elected officials and others are hyping this issue by using weather as an argument that climate change is occurring, they make skeptics more skeptical, and justly so. When advocates and activists resort to phony arguments and fake facts, it is  fair to assume that they don’t have sufficiently persuasive actual facts, and that they cannot be trusted not to cheat to get their way. Continue reading →

I Am True To My Vow: Once AGAIN, Partisan Historian Douglas Brinkley’s Excuse For Hillary Clinton’s Loss Is Incompetent And False History, And As Long As Ignorant Or Dishonest Hacks Keep Repeating It, Ethics Alarms Will Keep Reminding You That They Are Hacks…Like Brinkley

/ Jack Marshall / 9 Comments

Yes, yes, I know I have written about this several times already. I will keep doing so, too, until this ridiculous piece of Fake History inflicted on the public consciousness by partisan historian Doug Brinkley when he went on CNN election night and lied, I will keep writing it.

Today’s edition comes courtesy of the increasingly inexcusable fools on ABC’s “The View,” who were engaged this week in a Hillary defeat excuse and alibi orgy. Whoopie Goldberg kept darkly hinting of some conspiracy that allowed Trump to triumph (“We may never know why she lost…” Whoopie intoned), while Joy Behar kept saying that Hillary DID win, as if the elections rules don’t count. They were embarrassing, and they were inartuclate, and they made everyone of their viewers dumber by about 50 IQ points, but never mind: I’m going to focus on this blather, by Whoopie…

“You know, there have been very few eight years of one party and eight years of the same party. It doesn’t generally go back to back. The last time I think was Nixon and whoever came in after him was the last. Ford. And he pardoned. That was the last time we had a long stretch. When it wasn’t Democrat, Republican, Democrat Republican. So given all the crap that Obama had to eat from his own party, I don’t think Bernie was going to — I don’t think any Democrat was going to–people were going to vote –“

If you can translate that—Didn’t Whoopie once know how to speak?—, what is rattling around in her head is Brinkley’s false historical note that eight years of Presidents from one party are seldom followed by the election of another President from the same party. This is not just untrue, but spectacularly untrue. As I last wrote here,

…esteemed Presidential historian Doug Brinkley, for reasons known only to himself, went on the air live on CNN and concocted a new alibi for Hillary Clinton and the Democrats. using fake history to do it. He said that there were powerful historical patterns at work in Hillary’s defeat, and that it is always hard for any one party to hold the White House for three consecutive terms. Then, as exceptions to the rule and to show how rare the exceptions were, Brinkley cited Reagan successfully pushing George H.W. Bush on the nation as his “third term,” and then went all the way back to 1836 for his other exception, when popular Democrat President Andrew Jackson got his acolyte Martin Van Buren elected to succeed him.

For days after this, I kept hearing Brinkley’s observation cited by talking heads and my disappointed Democratic friends, yet what he had said was wildly, unforgivably untrue. On election night, I ticked off the instances where one party has held the Presidency for more than two terms on the spot, right after Brinkley’s fiction (much to the annoyance of my wife):

After Van Buren, there were a bunch of one term Whigs and Democrats, but Lincoln’s two terms (the last finished by Andrew Johnson) was followed by Grant for two more, Hayes for one, and Garfield/Arthur for four more years. That 6 straight Republican terms, Doug. Then, three terms later, McKinley was elected to two, Teddy Roosevelt for one on top of the McKinley term he finished out, and Teddy anointed Taft as his successor just as Jackson had with Van Buren. That’s four straight Republican terms, or as we call it around my house, “More than two.”

But wait! There’s more! After Wilson and Mrs, Wilson served out two Democratic terms, we got Harding, Coolidge, and Hoover, another three Republicans in a row. Then the Democrats made up for those consecutive runs with five straight of their own, courtesy of FDR’s four and Truman beating Dewey. In short, Brinkley gave the nation fake history, which then became fake news.

Continue reading →

Comment Of The Day: “Race-Baiting Click-Bait At The Daily Beast”

/ Jack Marshall / 13 Comments

Ethics Alarms commenter Mrs. Q has proven herself the master of blending personal experience with ethical analysis, and we are blessed with another example of her best work, a Comment of the Day on the recent post about a Daily Beast editor’s attack on Russian tennis star Maria Sharapova. Here she enlightens us from her perspective on confirmation bias, and its current damaging effects on public discourse and independent thought.

Here is Mrs. Q’s Comment of the Day on the post, Race-Biting Click-Bait At The Daily Beast:

What’s going on here is total BS in the form of Mr. Madison’s racism, not Sharapova’s. Clearly he conflated the very correct description of Williams body, with that of ….? I suspect the real story is this guy feels traumatized that everyone else is a racist when I bet if he looked in the mirror, he’d discover we all have prejudices and it’s part of what creates a society that forgives one another.

Back in the day primitive shamans used rituals to hypnotize victims into fear and trauma. Having been a Social Studies major and Women’s Studies minor, I must say, in a way, being a minority, especially brown and queer, is wild at a liberal arts school. Every day was a new trauma of story after story about how terrible America is. Before kids chanted “cultural appropriation” today, I was doing it when I saw Mohawks, African masks, and whatever else displeased my social justice blood thirst. One day I couldn’t take another class in exploring my own oppression. I needed to go live and set my mind free of the prejudices I came to have against whites, men, heterosexuals, etc. I just couldn’t wear myself and others out with indignant anger anymore.

When my wife and I; an interracial same-sex married couple, go traveling, we love to go to small towns and rural areas. Only liberals say to us “why would you go to X with all those rednecks?” People who have bumper stickers that say “Co-exist” or “Love is Love” will say to us “aren’t you scared to be around those Republicans with guns?” Every time we visit a place like rural Montana, Eastern Oregon, or all of Idaho, we meet the most friendly people. Those who we can tell aren’t abiding by the ‘Worship Diversity’ religion just treat us as anyone else and mind their business. It’s SO MUCH BETTER than being pandered to constantly in the city by Saint Social and Friar Justice. Continue reading →

Morning Ethics Warm-Up, 9/9/17: The AP Invents A New Misleading Phrase, Deaf Signer Ethics, No Innocent Until Proven Guilty In The NFL, And More…

/ Jack Marshall / 17 Comments

GOOD MORNING!

1 This is the monthly brief warm-up, as I have to be bright-eyed and bushy-tailed at an obscenely early hour and teach the peculiarities of the District of Columbia Rules of Professional Conduct to about 300 lawyers newly admitted to the bar. And those rules are peculiar, notably Rule 5.4, which allows District lawyers to form multidisciplinary firms, with accountants, economists, professional marketers and other non-legal professionals as partners. Such firms mirror entities in Europe that take international business away from U.S. firms, but are regarded as unethical in every other U.S. jurisdiction, and condemned by the American Bar Association.

2. Yesterday I watched Florida Governor Rick Scott give his pre-hurricane warnings, or tried to, since standing next to him was a signer for the deaf, gesticulating and making more elaborate faces than the late Robin Williams in the throes of a fit. I have mentioned this in the context of theatrical performances: as a small minority, the deaf should not be enabled by political correctness to undermine the best interests of the majority. What Scott was saying was important, and could have been adequately communicated to the deaf citizens present by the signer standing off camera. TV viewers could and should have been able to watch a text crawl following Scott’s speech, or closed captioning. Public speaking involves verbal and visual communications, and having a vivid distraction like a professional signer—many of whom feel it is their duty to add broad facial expressions to their translations—is unfair to both the speaker and his or her audience. This is one more example of a sympathetic minority bullying the majority to establish its power. Continue reading →