Ethics Dunces

Morning Ethics Warm-Up: 7/21/17

/ Jack Marshall / 8 Comments

Good Morning!

1. There was one of those moments in a Major League Baseball game yesterday that teaches life lessons in character, and ethics for anyone who is paying attention.

The Boston Red Sox were playing the Toronto Blue Jays in an afternoon game at Fenway Park. Boston led 3-1 in the second inning, but the Red Sox pitcher,  veteran Doug Fister, was struggling with an uncharacteristic control lapse: he walked his third batter in the inning, and also had given up a couple of hard-hit balls that suggested that a gaggle of runs and a blown lead were inevitable. Then, mirabile dictu, Fister caught a break. The next Toronto batter swung mightily and lofted an easy, lazy pop-up to the infield. If there had been one out rather than two, it would have been called an automatic out under the Infield Fly Rule. Everyone, including Fister, who is fighting to preserve his spot on the Sox roster as well as his flagging career, breathed a sigh of relief. The Toronto batter slammed his bat to the ground. Settling under a pop-up not any more difficult than those he had successfully caught as a Little Leaguer was Red Sox utility man Brock Holt, a second baseman this day. He is much admired for his versatility, energy and reliability. Holt is also trying to revive his career after a frightening, season-long battle with vertigo, as well as to show the team that he can fill a yawning void at third base.

Holt dropped the ball. It bounced off his glove, as the Toronto baserunners were charging around the bases at the crack of the bat, since there were already two outs. Two of them scored, and later two more after Fister surrendered hits in te lengthened inning, making the bounty bestowed by Holt’s muff four runs. Fister was soon out of the game, and was charged with his team’s eventual two-run loss by an 8-6 score. (Today’s headline in Boston: “Doug Fister’s Future As Starter Uncertain After Loss To Jays”).

Yet Fister never shot an angry glance at Holt. He’s played the game; he knows how mistakes and random bad luck can turn everything around in an instant. He probably has dropped a similar ball in a crucial situation: I know I’ve done it, at second base, losing a company soft-ball game. Holt trotted to the dugout, got supportive pats on the back and fanny from his team mates, and played the rest of the game with his head high and his skills on display. There is no doubt that he felt terribly about the play, but Holt  didn’t hide under a rock, rend his garments, or make a big display of anger and frustration to signal to the hometown crowd—which didn’t boo or jeer him at any point in the game.

That’s life, as my father used to say, and this is how ethical people handle life. Disaster strikes out of a confluence of factors (a very bright sun undoubtedly helped Holt miss the ball, but professional ballplayers learn to cope with the sun) and all we can do, if we are competent at life as well as fair, responsible and brave, is to accept responsibility, not make excuses, and not allow such events to diminish or destroy us. Both Fister and Holt displayed the character necessary to do that. Neither blamed the other, and no one blamed them. Tomorrow is another day.

Play Ball!

2. Professional troll Ann Coulter is having a public spat with Delta Airlines that reflects badly on both of them. Continue reading →

Morning Ethics Warm-Up: 7/19/17

/ Jack Marshall / 32 Comments

Yeah? What’s so “good” about it? HUH? Well?

1. In an article/discussion about the impact of George Romero, the zombie genre creator who died last week, New York Times film critic A.O. Scott said, and I’m not making this up,

A few years ago, when I did a Critics’ Pick video on [Romero’s “Night of the living Dead,”], I hinted that [the film’s African-American hero’s]death could be read as a prophecy of Barack Obama’s presidency: A calm and competent African-American saves the white people from their own rashness and stupidity (as well as from zombies) and is destroyed. Now, of course, the prophecy seems all the more chilling. The casual, unapologetic and ultimately self-destructive violence of white supremacy is the true and enduring horror of American life.

Wait…What?

This insulting, counter-factual, absolutely crackers statement may be an opinion, but it is so stunningly biased and warped that it should have set off ethics alarms at the Times, if any exist. If the film critic could say this in print, he says it among his colleagues. If he has said it among his colleagues and no editor, pundit or colleague has grabbed him by the lapels and said, “What the hell are you talking about, man? You better keep that crap to yourself, because it embarrasses the paper. Better yet, I think you need a vacation!”, then this strongly suggests that almost everyone at the Times is marinating in a crippling fantasy culture that makes independent, objective, trustworthy reporting and punditry impossible.

A.O.’s statement self-destructs at “calm.” Obama “saved” nobody; in fact, he either deliberately or incompetently degraded the one area of our society he was elected to improve: racial harmony and respect. How does a black character’s death (the movie’s hero is shot by authorities who assume he is a zombie) “prophecy” the fate of Barack Obama, elected President twice, cheered upon his leaving office, and immediately rewarded with historical revisionism, obscene speaking fees and a book contract? [I hate to cavil, but it really needs to be pointed out that the Duane Jones character in “Night of the Living Dead,” far from saving the white characters, gets them eaten and zombified by adamantly rejecting one obnoxious white man’s insistence that they should all just lock themselves in the basement. After all those white people the Obama-like hero  “saved” according to A.O. are ambulatory brain-eaters, he survives the zombie onslaught—by locking himself in the basement! I suppose this “prophesied” leading from behind.]

The critic’s statement is thinly veiled anti-white racism, bubbling up from the concentrated anger and Trump hysteria at the Times. White supremacy. Sure, A.O. I won’t be reading any of your reviews anymore, nor your fellow critic Jason Zinoman, who either agrees with your fanciful and hateful assessment, or didn’t have the integrity to tell you that you are paranoid and nuts on the record. Either way, he is also a fool. I don’t care what either of you think about movies, since you view them through bullshit colored  glasses.

2. I have three times now prepared to write a post about what I now call Anti-Trump porn at the Times, highlighted every week by the Sunday Times “Review Section.” Last Sunday was another one. This section’s obsession is stunning: the section is loaded with unrestrained Trump hate, ad hominem insults and hysteria and  from every perspective. I would think other Times readers would be bored, not to mention alarmed, by this monotonous vive and broadcast of bias (An unbiased newspaper would not allow one topic and one point of view to monopolize its weekly commentary section), but apparently the Times readership is insatiable.

The res ipsa loquitur feature this time was an editorial cartoon by Art Spiegelman, who is a brilliant cartoonist when at his best. Like most cartoonists of a political bent, he is all ideology and advocacy, and pretty much devoid of respect for facts and balance. Here was his comment after November 8:

“I see something similar to Hitler in that it’s gone very fast to things that seem surreal to me, like Trump supporters shooting four civilians at a polling place in California – one of them died. And there’s the slide towards uncivility, from what I read on the internet. For the first time I got to see my name with three parentheses signs around it. I don’t think it was a secret that I’m Jewish, but they were making sure that the alt-right people would know that I was Jewish. That’s just something I saw a couple of days ago. ‘Oh, I see. OK, it’s a new day.’ And at this point we don’t care about refugees’ lives. They’re not white lives. So yeah, sure, I’m worried.”

Shut up and draw, Art. Trump supporters did not shoot four civilians at a polling place in California. Middle East refugees are white. And Art must not check the internet very often, if he judges any single  excess or outrage as proof of anything. His was a statement of pure intellectual laziness, bias, bigotry and hysteria—but never mind, political cartoonists don’t have to be fair, accurate or responsible. They just have to communicate what a biased paper’s editors know even its own biased pundits couldn’t get away with, and have the defense that “it was just supposed to be funny!”  Thus here was the Spiegelman cartoon featured on page two of the Times’ Review section last Sunday: Continue reading →

Great…Now I Have To Defend ANOTHER Complete And Utter Jerk [Updated]

/ Jack Marshall / 30 Comments

University of Central Florida student Nick Lutz set out to humiliate his ex-girlfriend after she sent him a letter (above)  apologizing after their breakup, so he graded it like a school paper, and instead of keeping the exchange private and between them as a responsible, decent, fair adult would, he tweeted it to the world, where predictably, since the Twitterverse is populated by a lot of people like Nick, it went viral, with hundreds of thousands of like-minded jerks “liking” it.

Nick is, at this stage of his life, a toxic creep without properly functioning ethics alarms. However, his school had no legitimate interest in this matter. Yet it placed him on two semesters of suspension and probation as punishment for this entirely non-school related conduct. (No, the badly treated ex- is not a student.) UCF sent Nick two letters, the first stating that he may have violated the law (no, he didn’t), while the second stated that he had violated the university’s student rules of conduct regarding disruption and cyber-bullying.

Baloney. Read the rules; I did.  Even though the rules are unenforceably broad, they wouldn’t apply to his conduct: Continue reading →

Ethics Dunce: Attorney General Jeff Sessions

/ Jack Marshall / 22 Comments

There were many good reasons to oppose Jeff Sessions as President Trump’ nominee to be the next Attorney General. One, which I focused on, was that his nomination foolishly fed into the Democratic slur that Trump and the Republicans were racists. Sessions had been successfully tarred decades ago based on some racially-insensitive comments he had made, and even though tangible evidence of any racial bias was thin, it was foolish for Trump to court a controversy when there were plenty of equally or more qualified candidates. Another reason was that Sessions had been an early supporter of Trump’s candidacy for the GOP nomination, which is signature significance for stupidity, poor judgment or recklessness. Take your pick.

Now Sessions has announced, while speaking at a National District Attorneys Association conference, that the Justice Department will issue new directives to increase the federal government’s use of civil asset forfeiture, an unethical, Constitutionally dubious practice that needs to be cut back or eliminated.

“[W]e hope to issue this week a new directive on asset forfeiture—especially for drug traffickers,” Sessions said. “With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime. Adoptive forfeitures are appropriate as is sharing with our partners.”

 

Utah’s Republican Senator Mike Lee expressed alarm at Sessions’ announcement yesterday, saying in a statment, “As Justice Thomas has previously said, there are serious constitutional concerns regarding modern civil asset forfeiture practices. The Department has an obligation to consider due process constraints in crafting its civil asset forfeiture policies.” Justice Clarence Thomas’ had written in his dissent in an asset forfeiture case last month that forfeiture operations “frequently target the poor and other groups least able to defend their interests in forfeiture proceedings.” Continue reading →

Morning Ethics Warm-Up: 7/18/17

/ Jack Marshall / 17 Comments

It’s an All-Fred Morning!

Every day, Ethics Alarms head scout Fred sends me multiple suggestions for posts from he finds heaven-know-where. Even when I can’t fit them in, they often serve as references and always are enlightening.

1. I suspect this belongs in the Polarized Nation of Assholes files: For two years, since he returned from service combat zones in Iraq and Afghanistan, Lieutenant Commander Joshua Corney, has kept his promise to salute his fallen comrades in arms by playing a recording of Taps every evening before 8:00 p.m on his five-acre property in Glen Rock, Pennsylvania. It takes 57 seconds. It does not exceed volume limits. My dog barks longer that that every night after midnight when we put him out. Nonetheless, some of Corney’s neighbors have filed objections with the  borough. Now Glen Rock, which allows church bells to ring, among other sounds, ordered Corney to limit the playing of taps to Sundays and what it termed “flag holidays.” Each violation of the borough’s order would bring a criminal fine of 300 dollars. But the borough’s enforcement action involves two big constitutional no-nos: the heckler’s veto and content-based censorship. The borough is relying on a nuisance ordinance that prohibits sound that “annoys or disturbs” others, and just one individual annoyed by the somber Civil War era bugle solo is enough to deliver a “heckler’s veto.’

The ACLU is on the case, and backing Corney as he fights the action. It writes,

“If a “heckler” could shut down anyone who said or played something that annoyed or offended them by complaining to government officials, freedom of speech would be no more. For more than 75 years, it has been black letter First Amendment law that the government cannot censor speech simply because it is not universally appreciated.

Moreover, the borough cannot use its vague nuisance ordinance to single out only Lt. Commander Corney’s musical expression for censorship from the range of sounds that are part of the borough’s regular sonic landscape. The borough has not ordered Lt. Commander Corney to lower the volume of taps or claimed he has violated a noise-level ordinance.

And it could not claim such a violation because the recording neither exceeds any established noise levels nor is it as loud as many other sounds the borough tolerates — including many sounds that do not communicate a message, like lawnmowers, leaf blowers, chainsaws, and vehicles. Censoring clearly protected expression, like taps, for being too loud, while allowing louder sounds that carry no constitutionally protected message turns the First Amendment on its head.”

Bingo. It is in cases like these that the American Civil Liberties Union shows how essential its role is in protecting the freedoms here that are so frequently under attack.

2. I was surprised when I learned some time ago that undercover police officers used to routinely have sexual relations with prostitutes before arresting them (homosexuals too, when they werebeing persecuted and  prosecuted). Just two months ago, Michigan became the last state in the U.S. to make it illegal for police officers to have sexual intercourse with prostitutes in the course of an under-cover (or covers) sting. Now Alaska wants to go an additional step, banning “sexual contact” with “sex workers” entirely. This could be mere touching or kissing. Advocates of Alaska’s House Bill 73 and Senate Bill 112 argue that police catching sex workers in the act by engaging with them sexually is a human rights violation, and Amnesty International has made an official statement supporting that claim: “Such conduct is an abuse of authority and in some instances amounts to rape and/or entrapment.” Police, quite logically, point out that the bill would make  successful undercover investigations impossible, which is, of course, the whole idea.

“[The prostitutes] ask one simple question: ‘Touch my breast.’ OK, I’m out of the car. Done. And the case is over,” Anchorage Police Department Deputy Chief Sean Case told the Alaska Dispatch News in a hypothetical example. “If we make that act (of touching) a misdemeanor, we have absolutely no way of getting involved in that type of arrest.”

Ethics Alarms is anti-prostitution. As with recreational drug use and probably polygamy, prostitution, which harms families and the young women and men exploited and abused to support it, is almost certainly on the road to legalization. Government won’t protect vital society ethics norms, but it will order you to buy health insurance because it’s for your own good. Continue reading →

From The “Law vs Ethics” Files: PETA Chooses To Harm An Artist On Behalf Of A Monkey Who Couldn’t Care Less, And Judges Think It’s An Amusing Legal Condundrum

/ Jack Marshall / 26 Comments

“I’m baaaaack!”

When we last heard from  photographer David Slater, the U.S. Copyright Office had rejected his claim that he owned the  copyright for the famous series of selfies presumably taken unintentionally by a Celebes crested macaque.  In 2011,  Slater spent several days following and photographing a troop of macaques in Sulawesi, Indonesia, and the selfies were a lucky bi-product that quickly became a web sensation. Slater had asserted ownership over the photos, and had demanded that various on-line users, such as Wikipedia, either take them down or pay him as the copyright holder. The ruling of the Copyright Office was based on the theory that Slater had not taken the photo, so he was not the creator, and animals couldn’t own copyrights, so the photos were in the public domain.

Pop Ethics Quiz: Would it have been unethical had Slater simply released the photos without revealing that the selfies had been the lucky result of an  accident, snapped by the monkey while it was messing around with his equipment?

About the Copyright Office’s ruling: I’m dubious. Slater owned the equipment, and had the sense to preserve the photos. A decision that if a photo is taken accidentally by a non-human or an act of God, the photographer who owns the equipment gets the copyright would have been fair.  Zapruder owned the film that inadvertently caught President Kennedy having his forehead shot off, and it made him rich. Slater’s claim just goes a step further: Zapruder left the street  to buy a hotdog, put his camera on on a trash can and asked a friend to “watch it,” and a dog turned the camera on, catching the grisly scene. So Zapruder doesn’t own the film anymore? Does that make sense to you?

Well, that was the ruling anyway. Then things got really ridiculous. Slater included the monkey selfies in a book, and People for the Ethical Treatment of Animals (PETA)  brought a law suit against Slater on behalf of the monkey,which PETA claims is named Naruto, and asked that PETA be appointed to administer proceeds from the photos for the benefit of Naruto and other crested macaques in the reserve on Sulawesi. So PETA would suddenly be the de facto copyright holder. Continue reading →

Unethical Quote Of The Week: NYT Columnist David Brooks [UPDATED}

/ Jack Marshall / 30 Comments

“Biographies describe a man intent on making his fortune and not afraid of skating near the edge to do so. At one point, according to Politico, federal investigators found that Frederick used various accounting measures to collect an extra $15 million in rent (in today’s dollars) from a government housing program, on top of paying himself a large “architect’s fee.” He was hauled before investigating committees on at least two occasions, apparently was arrested at a K.K.K. rally in Queens (though it’s not clear he was a member), got involved in a slush fund scandal with Robert Wagner and faced discrimination allegations.”

—New York Times columnist David Brooks arguing that Donald Trump, Jr.’s conduct in holding the controversial meeting  with some Russians and Russian-Americans to acquire useful negative information about Hillary Clinton for his father’s campaign came about because his family is just no damn good, as shown by the conduct of Fred Trump, the President’s storied father.

Unlike some commentators, I have no ethical problem with Brooks’ basic thesis. Culture molds ethics, children are influenced by the conduct and values modeled by their parents, and I have pointed out too many times to  count that Donald Trump doesn’t know ethics from a merry-go-round, and appears to have no  conventionally functioning ethics alarms at all. It makes perfect sense that Donald Jr. would grow up similarly handicapped.

However, Brooks’ evidence that Trump family patriarch Fred Trump was corrupt and without scruples is all innuendo and supposition, and thus dishonest, incompetent, and unfair. Let’s examine the components of Brooks’ attack:

  • “federal investigators found that Frederick used various accounting measures to collect an extra $15 million in rent (in today’s dollars) from a government housing program, “

Were the accounting measures illegal? Apparently not. Was the  “architect’s fee”? I guess not: Fred wasn’t indicted or prosecuted. Being investigated by the feds does not prove or indicate wrongdoing. Maybe Fred was cheating; I wouldn’t be surprised. But Brooks has no facts to support that assumption, just a pejorative characterizations.

  • “He was hauled before investigating committees on at least two occasions…”

I love the “hauled.” Being asked to testify isn’t evidence of wrongdoing either. Continue reading →

Morning Ethics Warm-Up: 7/15/2017

/ Jack Marshall / 26 Comments

Gooooood Morning Ethics Alarms Readers in Vietnam (3, 501 views so far)!!

1. I am three new rationalizations and at least two Comments of the Day behind. Sorry.

2. One of the more creative efforts to make Donald Trump Jr.’s aborted opposition research meeting seem significant, sinister and one more step to the impeachment “the resistance” and the news media so, so desperately want is this article in the Washington Post, by a Rolf Mowatt-Larssen, the director of the Intelligence and Defense Project at Harvard’s Belfer Center, who was a director of intelligence and counterintelligence at the Department of Energy and previously a CIA intelligence officer in domestic and international posts. His analysis is a masterpiece of projection, supposition, unwarranted assumptions and exaggeration. Rolf’s argument is that the meeting is important because it constituted a “green light” to Russia that the Trump campaign approved of Russian meddling in the election, would not blow the whistle on it, would be open to more serious involvement, and would respond to such action with future quid pro quo favors. All of this, simply based on the willingness to meet on the hopes of acquiring dirt on Hillary Clinton.

It is useful a a microcosm of the entire Russia-Trump conspiracy theory, and indeed conspiracy theories generally. Applied to an agreement between a married man and a single woman to have drinks together, the fact that the man never tells his spouse about the meeting means that the man thought the meeting was illicit, was open to having adulterous sex with the woman, would react favorably to the woman’s subsequent efforts to undermine his marriage, and was a green light to the woman to escalate her seduction. But as in the case of Trump’s meeting, a married man having drinks with an unmarried woman is not illicit, no matter what Mike Pence thinks, and is not proof of any further actions or unethical intent no matter what conclusions the woman leaps to. There is also the disconnect that under Mowatt-Larssen’s analysis and his version of the Russian thinking, Donald Trump Jr was central to the Trump campaign rather than incidental. He also seems to think the right hand in this chaotic organization knew what the right hand was doing, which we know not to be true. Continue reading →

Now THIS Is An Untrustworthy Legislative Staffer…And Incidentally, We’re Doomed

/ Jack Marshall / 24 Comments

In March of 2016,  Stacey Plaskett, the delegate to the United States House of Representatives from the United States Virgin Islands’s at-large congressional district. entrusted her iPhone and its password to staffer Juan McCullum, who copied nude images and videos of legislator after offering to take the phone to an Apple store for repairs.

After he left Plaskett’s office, McCullum created a Hotmail account and “sent at least eleven e-mail messages to multiple persons, including politicians, members of the media, and other persons known to [Plaskett].” The e-mails contained “one or more of the nude images and videos,” according to this week’s indictment against McCollum. He also created a Facebook account, uploaded the visual content, and then Facebook-friended people in Plaskett’s district to spread the nude images far and wide.

A few questions: Continue reading →

Morning Ethics Warm-Up: 7/14/17

/ Jack Marshall / 55 Comments

Good morning!

1. It is a matter of constant fascination to me how all of President Trump’s personal lawyers appear to be flaming jerks, whatever their legal skills may be. Here’s an example from this week: Marc Kasowitz, President Trump’s personal attorney on the Russia conspiracy theory investigation, was contacted by a stranger, a retired public relations professional, who had read ProPublica’s unflattering story on Kasowitz. He sent the lawyer an email with the subject line: “Resign Now.’’

Kasowitz used the 30 minutes between 9:30 p.m. and 10 p.m. to bombard the man with threats and epithets, writing such dignified  messages as,

“I’m on you now.  You are fucking with me now Let’s see who you are Watch your back , bitch/”

“Call me.  Don’t be afraid, you piece of shit.  Stand up.  If you don’t call, you’re just afraid.” 

“I already know where you live, I’m on you.  You might as well call me. You will see me. I promise.  Bro.”

Nice.

This isn’t a legal ethics violation, though it almost certainly would be if Kasowitz were addressing an opposing counsel in such a manner. It’s just generally unethical as outrageous, inexcusable, gratuitous incivility, reflecting poorly on him, his profession and his client. A client who was minimally concerned about ethics would fire him.

2. Speaking of a minimal concern for ethics, Trump’s defense of his son’s dumb but legal meeting with the Russian lawyer promising dirt on Hillary included the statement that “most people would have taken that meeting.” Once again, we have evidence that Donald Trump literally doesn’t know what ethics is. Oh, his rationalizations are the same ones the average ethically-retarded citizen uses—this is why he is President. They are still rationalizations. Yes, Mr. President, and most people would accept extra money from an ATM and not tell the bank about it. And most people lie to get out of trouble. And most people do all sorts of unethical things, which doesn’t make them ethical, responsible or appropriate.

He is the President, though, and this is how we will inevitably become a nation of assholes. 

3.  And speaking of assholes, there is Nancy Pelosi. Because a female journalist was blocked from access to the House of Representative by a Sergeant of Arms who properly pointed out that she was wearing a sleeveless dress, always forbidden according to Congress’s dress code, we were suddenly subjected to the false narrative that those mean, sexist Republicans were abusing women again, as well as being typically antediluvian in their ideas about propriety. (Men can’t go sleeveless either, but never mind.) Paul Ryan was the target here, as the Speaker is officially charged with enforcing such rules. The narrative was not really about the dress code, but just part of the over-all “Get Republicans” news media strategy to make the party as unpopular as possible. Yesterday Paul Ryan plausibly said that he wasn’t aware of the rule in question, and was happy to amend it. Then Nancy Pelosi piled on, tweeting, “Glad to see [Speaker Ryan] is updating the dress code for the House Floor. These unwritten rules are in desperate need of updates.”

Pelosi was Speaker for four years, her tenure ending just six years ago. The same rule Ryan is being attacked for was in place during her entire tenure. Why didn’t she fix it herself, dedicated feminist that she is? Her tweet is such obvious hypocrisy that it calls attention to the double standards employed by Democrats, the news media and women. Pelosi could have cheered the change without appearing to duck her own responsibility for their continuation. Instead, she acted as if she was an innocent bystander.

Nancy Pelosi is a major reason the Democratic Party has become a party of assholes. Who but an asshole would tolerate a national leader like this as the face of his or her party in Congress? Are Democrats proud of this woman? Do they endorse her tactics and rhetoric? We have to assume so, don’t we? Continue reading →