Ethics Train Wrecks

Evening Ethics Cool-Down, 5/5/21: Toyota, Patents, And The Cheating Homecoming Queen

/ Jack Marshall / 16 Comments

Frozen-Jack-Nicholson

I don’t want to over-use the “This Date In Ethics” concept, but attention must be paid: this was the day, in 1961,that Navy Commander Alan Bartlett Shepard Jr. boarded the Freedom 7 space capsule to becoming the first American astronaut to travel into space.

In these times where so many aspects of our culture are working to imbue Americans with fear of living, when people wear masks in their cars and teachers are willing to cripple both the economy and children’s education to minimize their risk of catching a virus, it should be remembered that a young, healthy man risked his life and the chance of a fiery death to advance America’s science and the spirit of exploration.

1. For some reason (Cognitive dissonance?) I haven’t been checking Althouse as often since she decided that her readers were hogging too much attention on her blog by insisting on posting comments. She still has an admirable talent for cutting through the BS. Reacting to today’s announcement that Facebook’s “quasi-indepedent” board upheld FaceBook’s partisan and anti-democratic ban on Donald Trump’s posts. Ann writes, “I’m not surprised. If the decision had gone the other way, Facebook could have found some new offense and banned him again.”

Not could have, though; would have.

2. How is this fair or equitable? Once again, Toyota is giving a special discount to “recent college graduates.” This is, of course, ham-handed pro-college virtue-signaling, but wouldn’t you guess that non-college grads of the same age need such discounts more? In the TV ad, we see a nice, upper-middle class white girl from childhood to college—it sure looks like her parents can afford a car…or she can afford a full-price cheaper car. Interestingly, this is one of the relatively few TV ads running now that dares to feature a white character who doesn’t at least mitigate her ingrained evil by being part of a mixed-race family.

Special deals on products and services for special categories of Americans—yes, even veterans—are divisive and incoherent.

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This Is Not The Statement Of A Juror In A “Fair Trial” [Updated]

/ Jack Marshall / 16 Comments

This is the first crack in the dam, and there will be more. I was certain this was coming.

Brandon Mitchell, a black, 31-year-old high school basketball coach on the jury that convicted Derk Chauvin, spoke to the Wall Street Journal saying that “staying anonymous wouldn’t help push for change.” If he wants Chauivin to say convicted, he should have kept quiet. From the interview (WSJ has a paywall—sorry):

Mitchell said he was pulled over for no reason by Minneapolis police dozens of times in his early 20s, usually driving his mother’s aging Chrysler Sebring. He said he has always told his players to follow the checklist his mother gave him during these encounters. Take your hat off; announce what you’re doing; be polite; do what you’re told.

Then Mitchell tells the Journal that serving on the jury made him see it was wrong that a person should be so afraid that a police officer could do them harm that they needed to change their behavior, adding,

“That’s also part of the reason why I’m speaking up now because that is a narrative that is horrible…So somebody follows directions or not, they don’t deserve to die. That’s completely ridiculous.”

THEN Mitchell says he “related” to Floyd, saying,

“I just related to it too much.Being big, you know, former athlete and all these things—it just, it really just hit home… It just felt like something that easily could have been me or anybody else that I know.”

Good thinking there, Coach! And America, welcome to the jury system.

Rueful observations in random order:

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“It’s A New Week!” Ethics Warm-Up, 5/3/2021: Good Day Edition

/ Jack Marshall / 19 Comments

Bad, BAD week last week, and not just for me. It was a bad week in ethics, and because of my own shortcomings, I wasn’t able to properly provide a path through it. This week will be better, starting today. At least if I have anything to say about it…

1. From “the rest of the story” files: Remember when Jonathan Papelbon attacked Bryce Harper in the Washington Nationals dugout? It was 2015, and pretty much marked the end of relief ace Paplebon’s career. Harper went on to become a mega-million dollar free agent after the 2018 season, when he signed with the Phillies for a ridiculous 30 million dollars a year long-term contract. Papelbon finally resurfaced in Boston this season as an amusingly unrestrained analyst for NESN, which broadcasts the the Red Sox games. And I recently discovered how almost right he was to accost Harper, if admittedly a bit too enthusiastically. The prompt for Pap to go grab Harper by the neck was the latter loafing down the line as he barely ran out a ground ball. Harper’s periodic lack of hustle had been a source of annoyance for years (to be fair, he was “only” being paid 2.5 million bucks to play hard in 2015), but I just saw the stats for his last year in Washington. Having been a plus-defensive player in previous years, Harper stopped hustling entirely in 2018, both in the field and on the bases. Though he had once saved over 20 runs in a season in the field alone, in his free agent year Harper cost his team over 20 runs that year, making sure he stayed healthy for the big payday to come (to be fair, he was “only” being paid 21.6 million bucks to play hard in 2018). As soon as he had a guaranteed contract with Philadelphia, Harper started playing hard again, dashing around the bases and diving in the outfield.

Both Papelbon and Harper were jerks during their careers, but nobody could accuse “Pap” of not doing his best to win for the fans, his team, its city and his team mates every single time he stepped onto a baseball field.

2. Not Harvard this time: it’s back to Georgetown! Both of my schools’ diplomas are turned to the wall of my office in a symbolic protest against their continuing unethical policies and conduct—-I’m not sure what more I can do to signal my contempt and embarrassment. Now it’s Georgetown’s turn again—I worked for the University for five years after I graduated from the Law Center—to make me wish I had graduated from a school with some integrity. Though it has been notably un-covered by the mainstream news media, Georgetown Professor Michele Swers read the words of a Ku Klux Klan leader in her “U.S. Political Systems” class for the college, but because she “did not censor” the word “nigger,” a large contingent of her students sent a smoking gun letter letter to Swers and the college’s diversity office, demanding that she apologize profusely, review all future presentation and lecture material for potential bias;  and demonstrate her “understanding of the history of the N-word and why it is inappropriate for a non-Black person to say it in any context, including an educational context.” [Pointer: Steve Witherspoon]

So far, I can find no record of a response from the university or the professor, but writing of the incident, Prof. Turley says in part,

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Ethics Filips, 4/30/21: Incompetence Amuck [Expanded]

/ Jack Marshall / 24 Comments

1. CVS, our oasis of responsible health care...This really happened to me. At my local CVS this morning, waiting in line for the pharmacy, everything broke down when the trainee clerk couldn’t locate the prescription of the woman in front of me, who said she had received a call telling her to pick it up. The clerk and the supervisor insisted that they had no such prescription, and the supervisor even printed out a sheet showing her last five pick-ups. “Uh, that one on the top—the one with a red circle around it? That’s what I’m here to pick up,” she said, with less venom than I would have used. This completely confused the staffers, who caucused, and asked her to verify various dates. “Why don’t just look in the bin labeled “O” (her surname initial) and see if it’s there?” the woman suggested. They did, and sure enough, there were her pills. I started giggling, and she looked at me and said, soto voce, “Isn’t this scary?”

Then it was my turn. While waiting out this drama, I had noticed three printed signs reading that “The Coronavirus Vaccine is not currently available at any CVS locations. Check cvs.com for updates.” I asked to speak to the pharmacist, and told her that the signs were wrong: my sister and other people I know had been vaccinated at CVSs, and months ago. “Yes, but this CVS doesn’t have the vaccines,” she said. “But that’s not what the signs on your area say,” I pointed out. “They say that NO CVS locations have the vaccine. That is demonstrably untrue, and I would expect CVS staff to know that.”

“Oh,” she shrugged. “Well, it’s easy to change the signs…”

2. Yesterday I saw…

  • An 8 year-old boy, running in a field, completely alone, wearing a mask.
  • A man leaving his home maskless, then putting a mask on as he got into his car.
  • A teacher (we live next to an elementary school) outside with her class. She wore a mask, and so did half of the children.
  • A woman walking her dog on a windy day in Virginia. She had a mask. (The dog did not. Dogs are smart…)

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Ethics Quiz: Race-Based Vaccines

/ Jack Marshall / 22 Comments

It’s hard to believe that officials in Hamilton, Ontario, one of Canada largest cities, didn’t hear the faint clanging of ethics alarms when they came up with this policy.

The CBC reported that public health officials pressured the agency to “prioritize racialized, disabled and low-income residents.” I think “racialized” is a cool euphemism, don’t you? How does one get “racialized”?

75% of Hamilton’s population is white, but non-white communities have accounted for nearly half of all pandemic cases in the city.

Your Ethics Alarms Ethics Quiz of the Day:

Is Hamilton’s policy ethical?

I’m amazed no city has tried this in the U.S.

Wednesday Wrap-Up For A Post-Chauvin Trial America, 2/21/21 [Corrected]

/ Jack Marshall / 8 Comments

I guess I have to come clean: I thought I had posted this before noon. Guess not. So a Morning Warm-Up became a late night wrap up…

1. The trial was a sporting event? I did not know that! ESPN included the Chauvin guilty verdict in its list of important sports news today. Apparently, it’s sports news because a lot of athletes are going to shoot off their mouths about it, spreading ignorance far and wide.

2. Deranged Quote of the Day: “Where are the disabled, queer, poor, gender diverse, dogs of colour and single-parent dog families in Bluey’s Brisbane?” That comes from ABC Everyday’s Beverley Wang. The Disney+ program, we are told :

….is the award-winning, mega-hit animated series about the Heelers, a family of dog-shaped humans — parents Bandit and Chilli, four-year-old Bingo, and six-year-old Bluey — who live in a gorgeous Queenslander with city views, perched on a lush hilltop in sunny Brisbane.

The only way to handle people who poison minds and the the culture with ideas like this is to be merciless, and slap them down with the classic reaction of “Sidney Wang”:

Being nice just enables them.

3. From the False Narrative files: Yahoo! News correspondent Jon Ward authored a piece of counter-factual propaganda headlined, “Chauvin’s guilty verdict is a major milestone in America’s reckoning with racial justice.”  As I have tried to point out repeatedly, there is no evidence that George Floyd’s fate would have been any different if he had been white, Asian-American or a Smurf. None. NONE. There is no evidence that Chauvin was a racist, or that race played any part in his brutal treatment of Floyd. The fact that activists, politicians and the journalists seized on the symbolic imagery of a white cop’s knee on a black man’s neck and exploited it shamelessly doesn’t change the facts. This was not a racial incident. If the jury convicted Chauvin thinking that it was, then they were misled.

Ward’s essay is a good starting place for anyone who wants to understand  how far journalism has sunk.

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Ethics Reflections And Questions On The Chauvin Verdict, Part 2

/ Jack Marshall / 7 Comments

Part 1 is here. As I expected, there was a lot of dubious as well as perceptive commentary after the verdict, and some related events with ethics implications.

1. I’d comment on this, but Ann doesn’t allow comments any more...The only note Althouse had on the verdict was a detached, “I’m sure that is an immense relief to many, many people.” Not to me. I’m not relieved when the justice system allows itself to be dictated to by mobs. Nor am I relieved when racial significance is illicitly attached to a non-racial episode so activists can lie about it.

2. The reason why there was no reason to be “relieved” arrived quickly, in the form of the Democrat reaction to the police shooting of 15-year-old Ma’Khia Bryant in Columbus, Ohio. Body camera footage showed Ma’Khia charging at another young woman apparently preparing to stab her with a knife. Attorney Ben Crump, looking for the next black family he can represent and the next white police officer he can demonize in the press, referred to Ma’Khia as “unarmed” in a tweet. “Squad” member Ayanna Pressley tweeted, “Black girls deserve girlhood — uninterrupted. Black girls deserve to grow up and become women” —apparently even if they kill other black girls on the way to growing up. Senator Sherrod Brown disgracefully tweeted, “While the verdict was being read in the Derek Chauvin trial, Columbus police shot and killed a sixteen-year-old girl. Her name was Ma’Khia Bryant. She should be alive right now.”

Naturally, BLM protests erupted in Columbus. When Ethics Alarms says “Facts Don’t Matter,” I’m not being cute. The push to brand virtually any law enforcement action against black lawbreakers as racist and an example of police misconduct will gather power with each perceived victory. The effort to bully elected officials and juries into discarding due process and sound policy to accomplish this will not stop or weaken until enough Americans have the courage to brave accusations of racism and say “Enough.”

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Ethics Reflections And Questions On The Chauvin Verdict, Part I

/ Jack Marshall / 34 Comments

I haven’t read much commentary on yesterday’s verdict yet. I’m assuming that I’ll have more observations later in the day.

1. Ultimately, it appears that the jury just decided that it wasn’t worth it to acquit Derek Chauvin even if there was reasonable doubt. That’s sad, but the calculation can be defended on utilitarian grounds, meaning that, ironically, the arguably unethical decision to discard the law, individual rights, a fair trial and the integrity of the justice system might have been an ethical decision because it will cause less harm in the long and short run. In other words, it can be defended as a decision in which ethics won and the law lost.

I’m not saying that I would defend it that way, but I acknowledge the argument as respectable.

2. It is important to remember that cases where verdicts were based on emotion, human nature, and sociopolitical dynamics rather than the evidence and strict adherence to the law have occurred periodically, and will continue to do so.

The Nuremberg Trials were travesties from a legal standpoint, and the verdicts “ethical” only in the sense that a formal, solemn statement that some conduct is so heinous that civilization has an obligation to reject it was deemed more important than such niceties as avoiding hypocrisy or respecting the law’s aversion to ex-post facto legal penalties. The trial of the alleged conspirators to murder Lincoln was as rigged as a trial can be. This isn’t an “it happens all the time” excuse for the Chauvin trial, but a reminder that the Chauvin case isn’t the cataclysmic scar on the justice system that many will claim it is.

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As The Chauvin Jury Finds The Defendant Guilty As They Were Ordered To Do, The President And Rep. Waters Deny That They Said What They Said

/ Jack Marshall / 15 Comments

But when Yogi Berra denied that he said what he said, it was funny..

In Minneapolis, the jury found Derek Chauvin guilty of unintentional second-degree murder, third-degree murder, and second-degree manslaughter in his role in the death of George Floyd on May 25, 2020.

It would be a defensible verdict if he had received a fair trial, and the jury didn’t fear that they would spark national riots, property destruction and death if they found reasonable doubt. It would have been more defensible if the otherwise competent judge hadn’t botched his obligation to sequester the jury when another Minnesota police officer shot a black man, and riots did occur, with more on the horizon.

It is not a fair trial when a nationally known Congresswoman and the President of the United States publicly declare that, in the words of the Congresswoman, a defendant is “guilty, guilty guilty!”

So now, after polluting the trial and the verdict, both the President and the Congresswoman are engaging in a wretched display of “I didn’t really say what I obviously said and meant to say.”

Yogi Berra this ain’t.

First, here’s Maxine’s hilarious “translation” of what she meant when she told some potential rioters, ““We’ve got to stay in the streets, and we’ve got to demand justice,” Waters said. “I am hopeful that we will get a verdict that says, ‘guilty, guilty, guilty,’ and if we don’t, we cannot go away. We’ve got to get more confrontational. We’ve got to make sure that they know that we mean business.”

“I wanted to be there kind of as Auntie Maxine, to show them that not only do I love them and I support them, but they can count on me to be there with them at this terrible time in all of our lives,” Waters said in her own defense. But she is not their aunt. She is an elected official of the United States of America, and is sworn to uphold the Constitution, which means, among other things, not using her position to urge members of the public to break the law, and not using her influence to deny an American citizen a fair trial.

In another interview, she tried rationalizations instead of masquerade:

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Unethical And Intolerable: Waters, Babbitt, Sicknick, Part 2.

/ Jack Marshall / 2 Comments

The late Paul Harvey’s iconic “the rest of the story” isn’t quite as ugly as this story itself, which I wrote about here. It does, however, put a cap on one more disgusting example of the news media deliberately engaging in fake news reporting to advance a partisan agenda.

Let’s use CNN’s report, since we know if there was any way out, any way to spin the story and keep the false narrative going, the network of Fredo, Don Lemon and the atrocious Brian Stelter would try it. Nope, though the medical examiner did his best:

US Capitol Police Officer Brian Sicknick suffered strokes and died of natural causes one day after responding to the January 6 insurrection at the US Capitol, Washington DC’s chief medical examiner has determined.The medical examiner, Francisco Diaz, didn’t note any evidence that Sicknick had an allergic reaction to chemical spray or list any internal or external injuries, according to The Washington Post, which first reported the ruling. Still, Diaz told the newspaper that “all that transpired” on January 6 “played a role in his condition.”The ruling all but ensures that the Justice Department won’t be able to pursue homicide charges in Sicknick’s death. In March, two men — Julian Elie Khater, 32, of Pennsylvania, and George Pierre Tanios, 39, of West Virginia — were arrested and charged with assaulting Sicknick.

The reason they can’t be prosecuted is that there is no evidence that Sicknick’s death was connected to the January 6 riots in any way. There never was. Diaz’s gratuitous claim that “all that transpired played a role in his condition” is just face-saving hackery.

What does that even mean? “Played a role”? Either something that happened at the Capitol killed him or it didn’t. Did Sicknick die of a broken heart to see America’s house sullied by an angry mob? HOW did the events “play a role”? Diaz doesn’t say, meaning he’s engaging in irresponsible speculation to give the lying journalists something to cling to. The statement breaks down to “post hoc ergo propter hoc“—a logical fallacy so well-known and ancient that it’s in Latin: “After this, ergo because of this.” There is no reason to believe that Sicknick would not have died if nothing had happened at the Capitol.

Note also that CNN is sticking with “insurrection,” a description it has not applied to any of the far more violent and lengthy takeovers of government buildings during the George Floyd Freakout. We learned this week that with even a half-competent response from the Capitol police, the gang of idiots would never have made it inside the Capitol. They had no firearms; they were a mob of about 300; they had as much chance of taking over the government or having any substantive impact whatsoever as Shirley Temple had to be an Olympic powerlifting gold medalist.

But never mind that: this is business as usual for all of the mainstream news media. The AUC memo went out that January 6 was an “insurrection” because that was going to be the way they finally “got” Donald Trump: accuse him of plotting “a violent uprising against the government,” and the memo never was retracted. Sicknick’s death at the hands of the rebels was a key part of the fiction, so it was repeated over and over, even in the Senate trial by the House prosecution as fact. The Biden Administration and Democrats were accomplices: they took the nauseatingly cynical step of staging a Capitol Rotunda viewing of Sicknick’s casket, which made the lie that “he died defending his country” vivid and dramatic (and cheapened the honor, which only a handful of ordinary citizens have been awarded).

When the “they hit him over the head with a fire extinguisher” tale didn’t pan out, they went with the “He died because they sprayed him with bear spray,” or he was caught in a bear spray crossfire, or something. Yes, the President of the United Sates plotted an insurrection that would take over the nation using bear spray and fire extinguishers. Diabolical!

As the substack reporter did when the Sicknick story first started falling apart, Glenn Greenwald has given us the best dose of undiluted contempt for how it was handled, writing yesterday in part,

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