Ethics Train Wrecks

Comment Of The Day: “Oh, Look! More Baseball Ethics Dunces! This Time, It’s the Baseball Writers’ Association of America”

/ Jack Marshall / 9 Comments

I have been remiss in getting up “Comments of the Day,” another consequence of my frustration adapting to the new WordPress “block” system, damn it.  I usually hand le COTD posts from my laptop, and posts requiring my concentration and composition rather than the imported wisdom of others from the Fortress of Ethics Solitude, my office.

I’m posting this follow-up comment from Here’s Johnny regarding the baseball writers’ gratuitous smear on the original commissioner of baseball based on nothing but rumor, a desire to practice “anti-racism,” without actually doing anything, and the smug assumption that History Doesn’t Matter, Gratitude Doesn’t Matter, and Honors Don’t Matter.

And the dog is licking my toes…

UPDATE: Well, that was a failed experiment. When I tried to move the text from Word to WordPress, I couldn’t make the format work from the laptop, so I’m back at my PC. That was 20 more minutes of my increasingly scarce time on Earth robbed by WordPress. I’m thinking of sending them an invoice...

Here’s Here’s Johnny’s Comment of the Day on the post, “Oh, Look! More Baseball Ethics Dunces! This Time, It’s the Baseball Writers’ Association of America”:

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Ethics Alarms Translation: NBA Commissioner Adam Silver Explains It All

/ Jack Marshall / 13 Comments

NBA I cant breath

In a recent interview, NBA Commissioner Adam Silver gave a useful and predictable, if disheartening, response to a question about the National Basketball Association’s crashing ratings, and the widespread (and surely accurate) belief that many fans have been alienated by the league’s endorsement of aggressive Black Lives Matter propaganda in the arenas, on the courts, on players’ uniforms, and in other aspects of the sport.

Rachel Nichols on NBA Countdown asked the businessman, and I use that term pointedly,

The NBA has certainly been the most visible billion-dollar organization championing social justice and civil rights. As you noted in your press conference the other day, though, that has not been universally popular. How committed are you to being that going forward?

I have to interject here: “not universally popular” is craven equivocation by the interviewer, echoing several Ethics Alarms rationalizations like, 19A The Insidious Confession, or “It wasn’t the best choice.” I hate that crap; as I get older, I hate it more: “It wasn’t everything we hoped for” used to mean, “It was a complete disaster,” and similar weasel words to avoid being direct and honest. The NBA’s Black Lives Matter boot-licking wasn’t “not universally popular,” it was unambiguously unpopular. Such deliberate avoidance of the truth is deceit, and is a variety of fake news.

Silver responded,

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Theoretically Tuesday Ethics Nightcap, 10/6/2020 (All Right, Both Of These Should Be Individual Posts): The Impending Wauwatosa Riots And Reflections On The Distinction Between Racism And Being Treated As A Minority

/ Jack Marshall / 54 Comments

Back to the Future

Why “theoretically”? This post was almost finished at about 6:15 pm yesterday. Then I heard a scream from my wife: Spuds, our delightful rescue dog of a month’s duration as a Marshall had somehow shed his lead and dashed off in the direction of the field behind the school near our house. I had to fumble for my shoes (I’m barefoot most of the day—keeps the gout away!) and a sweater, pause for a brief, clearly unfair “how could you let this happen?” exchange with Grace (that I paid for later,) and went running in the direction of my wife’s “He went thataway!” finger. The odds were high where Spuds would be. Of late he has frequently joined a small group of delightful dogs (there’s Snow, Star, Minnie, Hunter, and other occasional drop-ins) and their owners for a sundown romp. He was not scheduled for a playdate, but had decided, I assumed, to schedule one himself. Sure enough, there he was, wrestling with Snow the Samoyed. It only took me about twenty minutes to collar him: he knew he was in trouble.

After that adventure, I was beset by one vicissitude of life (my Dad’s phrase) after another, and never got back to the office….until now, at around 4:30 am Wednesday morning. Spuds woke me by rolling over onto my face, and I decided to finally get this post up.

1. Oh great: here comes another one. Wauwatosa, Wisconsin police reported that a 17-year-old fired a gun before he was fatally shot by a police officer in a Mall parking lot in February. There is no question that the shooting victim, Alvin Cole, had a 9 mm semiautomatic handgun and ammunition on his person when he was shot; they were recovered at the scene. The gun had been stolen. Police were summoned after a disturbance was reported inside the mall; Cole ran from police and according to the police report, fired first. Officer Joseph Mensah fired five shots at Cole, police said, killing him.

Tomorrow, that is, on the October seventh, the DA is  supposed to hand down the decision of whether to indict Mensah. Fortunately, Mensah is black, so the racist cop trope is a bit harder to maintain that in other recent incidents. But now, thanks to so much of the culture swallowing whole the false litany of Black Lives Matter,  the assumption is that any time a black man, and especially a teen, is shot in a confrontation with police, it’s an example police brutality. If Mensah was white, I assume the riots would have started already. The city is preemptively closing the schools and City Hall among other pre-riot measures. Once again, Facts Don’t Matter.

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Notes From The Great Stupid: “I’m an Asian TV Writer. Should I Take on Projects With Black Leads?”

/ Jack Marshall / 9 Comments

As you may have guessed, that a question posed recently to Kwame Anthony Appiah, “The Ethicist” of the New York Times Magazine. Unlike most of the queries to that column that I periodically discuss here, I don’t think the question is difficult, challenging, or even interesting. What is interesting is that anyone would ask it, and further, that someone like Appiah would deem it worthy of spending over 800 words treating a question as a genuine ethics conundrum that is, in my view, merely evidence of brain seepage provoked by George Floyd Freakout propaganda.

The whole question was,

I’m an Asian television writer who has been extremely lucky in working fairly consistently since my first gig. I’m now in a position where people reach out to me to develop new projects. When these projects feature a Black lead character, is it ethical for me to pursue these opportunities?

As an Asian (and a woman), I’ve definitely experienced my fair share of racism and discrimination, and I can write authentically about that experience. But I’m “just” Asian, and I may be taking a job from a Black writer. Or because it is Hollywood, it’s more likely I’d be taking the job from a mediocre white dude, which, ethically, I feel just fine about. If any of these projects got off the ground, I’d be able to create a lot of opportunities for other BIPOCs, but again, it’s Hollywood, so who knows how likely it is the project would ever get to that stage.

The question is: Where do I, as an Asian, fall in this movement? I don’t want to be a tool of white supremacy, but visibility is important for my community too. Name Withheld

I admit that I have little patience for ethics navel-gazing when the answer to such question should be obvious, and thus the response to “Name Withheld” should begin with, “What the hell is the matter with you?” To his credit, “The Ethicist” gets this one right, but man does it take him a long time, apparently because he doesn’t want to seem unsympathetic to flagrant virtue signaling by Name—I wonder if that’s a common Asian moniker…

I would be tempted to respond,

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Ten Questions About The Lakewood High School Football Game Incident

/ Jack Marshall / 43 Comments

lakewood

A football game at Lakewood High School in suburban Cleveland, Ohio, was intercepted and run into racial politics and partisan grandstanding territory when a voice over the public address system before the game declares that the school would has designated itself an “agent of change” in the battle against “systemic” racism in “society as a whole.”

After the band played the Lakewood alma mater, it then played “Lift Every Voice and Sing,” the so-called “black national anthem,” in imitation of the NFL, which is featuring the song this season as part of its official grovel to Black Lives Matter. The announcer added his commentary about how racist the U.S. is, intoning,

 “Let us pause and reflect on the inequality that our nation has faced since its beginning. The deaths of George Floyd, Breonna Taylor, and Tamir Rice among others remind us of the systemic racism that persists across so many of our nation’s institutions and society as a whole. By acknowledging, discussing, and taking action to address these inequalities, Lakewood City Schools aims to be an agent of change, not only in our community but in the world. We must all take a stand against racism. Let this be the moment when our children someday look back and say, ‘This is when we stood together for change.’”

Sources confirmed that both the school principal and the band director approved the political kick-off.

Despite receiving many complaints from parents and law enforcement over the stunt, the school reportedly will repeat its BLM-themed ritual in  future football games but will remove the names of those killed in encounters with police. Absurdly, the school will read a tribute to first responders at halftime as part of a “compromise” with law enforcement.

The new revised speech will provide context  for “ the black national anthem” explaining  how “Lift Every Voice and Sing” sets “an atmosphere of reverence for the journey of people of color, gratitude for the selfless sacrifices of their ancestors and for the inheritance of indomitability and resilience. The song recognizes these moments as important to moving forward toward hope and faith for a better future and a better America. The song is universally uplifting and speaks to every group that struggles.”

Here are some questions, rhetorical and otherwise:

1. What would you do if your child was involved in a high school sports contest and the school perverted it into a political demonstration? One father who attended the game said afterwards that he would have walked out…if it were not his son’s senior year. Yeah, those are typical priorities all right. It’s an outrage, but not important enough to teach a child that preserving standards and values is more important than a high school football game.

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Weekend Ethics Update, 10/4/2020

/ Jack Marshall / 152 Comments

Weekend Update

1. I’m not going to dignify all of the online cheering of President Trump’s positive test for the Wuhan virus with quotes from celebrities and social media creatures, though I have them. There have been similar reactions to the fact that Kellyanne Conway recently tested positive as well. A reputable poll—assuming that any are reputable polls—found that 40% of Democrats surveyed were “happy” the President was sick. I have never been happy that anyone was sick in all my years on this planet. This is a mean, vicious, ethically warped group of people that are behind Joe Biden in this election, and one more factor pushing me to a tipping point. (No, I’m not there yet.) But I really do wonder how decent people can make common cause with hateful individuals like this.

For what it’s worth, my perspective is that if the President plays this right, the bout with the virus will help him in November.

I agreed with his decision to largely eschew masks in public appearances, just as FDR kept his wheelchair mostly hidden from public  view and like George Washington riding into battle in full uniform, gleaming white wig, ring a tall white charger. That’s part of leadership: looking strong while also being strong. The President got sick while doing his job. Joe Biden has been hiding in the basement, taking half-days and yesterday gave a speech while wearing a mask. He looks weak, and is weak. There has never been anything especially leader-like about Biden, and most of his support is based on blind, irrational hatred of his opponent fanned into dangerous intensity by the news media and the Angry Left. I think Donald Trump may have been the only President elected more out of dislike of the opposition than genuine support of the winning candidate, and I’m not even certain of that. The candidate perceived as the strongest leader almost always wins.

2. Nah, the First Amendment isn’t in any danger from progressives! Don’t be silly! In June, the president of Miami University appointed a task force of faculty, students and staff to develop recommendations on improving the school’s “diversity, equity and inclusion.” Tellingly, no lawyers or civil libertarians make the membership list.

Now the task force has produced its recommendations, and a more confounding mass of Authentic Frontier Gibberish it would be hard to find. ( “As an Ohio public university, Miami may serve the greater community by expanding IGD pedagogy and praxis to alums and the business community”… “Create internal and external diversity marketing plans to promote literacy around intergroup dialogue and allyship across diverse social identities with sensitivity to Miami’s status as a predominantly white institution…”)  Naturally, re-education and indoctrination are among the 43 recommendations: “Make IGD mandatory for all undergraduate students, beginning with first year students, by requiring incoming first-year students to take a 1-credit IGD course (equivalent to the CAWC’s Intro to Voices program) following UNV 101 (or similar discipline-designated courses; e.g., CHM 147). Thereafter, provide other academic and co-curricular IGD opportunities for further development.” Then there’s this:

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Oh, Look! More Baseball Ethics Dunces! This Time, It’s the Baseball Writers’ Association of America

/ Jack Marshall / 16 Comments

mlb-mvp

Yesterday, the Baseball Writers’ Association of America (BBWAA) announced that group will remove the name of Kenesaw Mountain Landis from the American League and National League Most Valuable Player plaques presented each year to the MVP winners.. Landis has been honored with having the plaques bear his name since 1944, the year of his death. He didn’t do much: he only probably saved the National Pastime at its darkest hour.

It was Landis, a famously tough and uncorruptible federal judge, whom the baseball owners turned to in 1920 in the midst of the Black Sox scandal. The scandal involving the Chicago White Sox throwing the World Series in 1919 under the influence of bribes from gamblers to some key players, including star Shoeless Joe Jackson. Even though the eight accused players were acquitted in their trial, Landis, who remained a judge for two years while serving as Commissioner, banned them all from baseball, laying down a rule that participating in efforts to corrupt the game through gambling or having knowledge of other players doing so and not acting to stop it were grounds for permanent exile. Eighteen players in all, like the infamous Hal Chase, were banned by Landis, who remained commissioner for the rest of his life.

Landis had a memorable career as a judge before coming to baseball’s rescue: in 1907, he thrilled the man who appointed him, Teddy Roosevelt when he fined Standard Oil of Indiana more than $29 million (about $800 million in 2020) for violating federal laws forbidding rebates on railroad freight tariffs.

Why, then, is Landis suddenly the victim of metaphorical statue-toppling? That was a clue: in the wake of the George Floyd Freakout and The Great Stupid, the baseball writers, which are thoroughly infested with self-righteous and semi-ignorant would-be social justice warriors like this guy, blame Landis for not “doing more” to desegregate baseball before Jackie Robinson and Branch Rickey finally did the trick, three years after Landis died. In other words, he’s being punished for not seeing clearly what everyone sees almost 80 years later, and not actively fighting for a cause that neither baseball nor American society may have been ready for.

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The Great Ethics Train Wreck Of 1910

/ Jack Marshall / 9 Comments

On this date, October 1, 110 years ago,  a massive explosion destroyed the Los Angeles Times building in the city’s downtown area, killing 21 employees and injuring many more. This obviously unethical act—though in the over-heated labor environment of the times, union activists would secretly defend it—set off a series of events in one of the great ethics train wrecks in U.S. history.

The explosion was a message to Los Angeles Times publisher Harrison Otis, a powerful opponent of the burgeoning labor movement in general and unions in particular. Determined to exploit the tragedy to turn public opinion against organized labor, he hired the nation’s most famous private detective, William J. Burns, to crack the case while his paper supplied an avalanche of anti-labor editorials and slanted news stories.  Otis, the leader of the Merchants and Manufacturing Association, a powerful group of business owners with extensive political connections, seemed less interested in justice for the dead than a decisive knock-out of the union movement itself.

Burns’ investigation led to the Bridge and Structural Iron Workers Union and their treasurer, John J. McNamara. Burns got a confession out of  a sketchy character named Ortie McManigal who had allegedly been the intermediary between McNamara and two bomb experts, and personally arrested John McNamara and his brother James in Indiana. Then Burns supervised the kidnapping and transportation of the brothers to California, where they could be prosecuted.

Convinced that the the McNamara brothers were being framed—some labor supporters even suspected that Otis had bombed his own building—Samuel Gompers and Eugene V. Debs pressured Clarence Darrow, then the premier labor lawyer in the U.S.,  to take on the McNamaras’ defense. Darrow had been ill and seeking to retire, but a recent stock market crash had left him broke as well. He agreed to take the case for the then unprecedented sum of $50,000 (about $1,368,000 today). The unions literally had children collecting nickels and pennies to build the defense fund.

The unions were Darrow’s clients under the existing legal ethics rules, but the brothers were also his clients, and their lives were at stake. This became a serious conflict when Darrow learned, within minutes of meeting with the McNamaras, that they were guilty.

Gompers had told him that the brothers had to be acquitted or the entire labor movement might be destroyed forever. The clients paying his fee, therefore, demanded a plea of “not guilty.” Darrow, however, became convinced that only a guilty plea would save the brothers from execution. Meanwhile, he knew that there was no way the McNamaras could get a fair trial. The Times was poisoning the jury pool daily. The prosecution was engaging in outrageous tactics, like bugging Darrow’s offices in L.A. They even had Darrow followed, and got incriminating photographs of the lawyer leaving the apartment of his long-time, off-and-on mistress, a female journalist covering the trial. Then they used the photos to try to force Darrow to withdraw from the case, threatening to show them to his wife, Ruby.

“Go ahead,” he said. “She knows all about Mary.” Darrow’s hands were hardly clean either: his agents had located the supply of dynamite in Indiana that the fatal charge had been taken from, and he hired a lawyer to hide the evidence in a safe. Continue reading →

Ethics Quote Of The Week: Paul Mirengoff

/ Jack Marshall / 10 Comments

“Conservative America is disgusted with the NBA, and therefore is tuning it out. We’re disgusted ….with the embrace of the radical BLM movement by the league and its players….My problem was what was allowed, indeed encouraged, during the games. I will not watch any sports event during which the preaching of politics or ideology occurs. I guess I’m not alone.”

—Conservative lawyer and blogger Paul Mirengoff on the Powerline blog, discussing the huge fall-off in TV ratings for the current NBA play-offs.

Mirengoff is wrong to attribute this reaction only to conservatives, however. I have spoken with many sports fans who would not fit that description who are equally disgusted with the professional sports leagues. All of the leagues made a foolish assumption that by embracing the views of many progressive activists, they would at least hold on to the allegiance of  fans who agreed with those positions. ESPN and many sportswriters have made the same mistake., and it’s a stupid one. If I go out to dinner and the service staff bombard me with their political views during the evening, it doesn’t matter if I agree with what they say: I didn’t come to the restaurant to listen to political diatribes.

If you’re wondering about the ellipses, I left out a reference to the NBA’s addiction to China’s money, leading the league to ignore the despicable human rights record and political oppression in that country. That is a conservative complaint, and a valid one, but I doubt it affects NBA play-off ratings one tick.

I haven’t finished my letter to the Boston Red Sox, but I write it as I completely ignore the baseball play-offs as I will through the World Series. I want to make sure the team realizes that if its ugly promotion of Black Lives Matter could alienate me, it is in big trouble in the community. The players need to understand that as well, but it was up to management to tell employees to do what they were paid for, and not use their celebrity to make incompetent and divisive political statements. Continue reading →

Sunset Ethics, 9/30/2020: Conflicts Of Interest, Sexual Harassment, Movies And Lies

/ Jack Marshall / 14 Comments

1. Conflicts of interest on my mind. I narrowly averted a disastrous conflict of interest yesterday out of pure moral luck, so the topic is much on my mind; I’m still distracted by the near miss. Professionally, it was the equivalent of almost being picked off by a bus.

NPR Legal Affairs Correspondent Nina Totenberg reacted to the death of Justice Ginsburg with an essay on her 48-year friendship with RBG, saluting Ginsburg’s “extraordinary character.” That’s funny: Totenberg never told NPR’s listeners, nor did  NPR, that she had a personal relationship with the Justice, despite being charged with covering the Court and critiquing its decisions.  Kelly McBride, NPR’s public editor and senior vice president of the Poynter Institute, threw a metaphorical ethics foul flag,

“In failing to be transparent about Totenberg’s relationship with Ginsburg over the years, NPR missed two opportunities,”she wrote on the NPR website. “First, NPR leaders could have shared the conversations they were having and the precautions they were taking to preserve the newsroom’s independent judgment,” McBride said. “Second, having those conversations in front of the public would have sharpened NPR’s acuity in managing other personal conflicts of interest among its journalists.”

Ginsburg, who officiated at Totenberg’s wedding in 2000. Nonetheless, the correspondent,  who wears her progressive bias on her sleeve as it is, denied that the conflict compromised to her journalism, telling  the Washington Post that NPR’s listeners benefited from ther friendship because it gave her greater insight into and Ginsburg’s  thinking.

And that justifies keeping the relationship secret from listeners how, Nina?

2. From the “When ethics alarms don’t work” files: Lawyer Phillip Malouff Jr. of La Junta, Colorado, was censured for a series of episodes of unprofessional behavior and sexual harassment.

In November 2016, Malouff  winked at a magistrate judge and said, “When you get back from your vacation, I better be able to see your tan lines.” When he visiting the same magistrate’s chambers to discuss scheduling matters, he  said, according to the female judge,: “Ask your husband a question for me when you get home tonight. Ask him what it’s like to have relations with someone who wears the robe. It has always been something I’ve wanted to do, but there have never been any women judges until now.”

Malouff  was informed that his comments were unprofessional and a violation of the Colorado Judicial Department’s anti-harassment policy. Ya think?

In July 2019, Malouff asked a judicial assistant to check whether the mother in a parental rights hearing had an outstanding warrant. When the assistant replied, “She is good.” Malouff  responded, “Her husband told me that she is good.”

Wink wink, nudge nudge. Continue reading →