From The Ethics Alarms “I Don’t Understand This At All” Files: The Persecution Of Curtis Flowers

The Mississippi Supreme Court yesterday threw out the murder conviction of Curtis Flowers—again. Two months ago,  the U.S. Supreme Court ruled that the prosecutor, Doug Evans, methodically kept blacks  off the jury, a clear violation of Flowers’ rights by SCOTUS precedent. Evans is white, Flowers is black, and he has now been tried six times for the same crime, the 1996 murders of four people in a Winona, Mississippi furniture store. Every trial has ended in a mistrial or a conviction that was subsequently overturned on appeal because of prosecutorial conduct.

Just pause and take all of that in for a moment. Continue reading →

Morning Ethics Warm-Up, 8/27/2019: Desperation

Good morning.

1. Here is why the breast-beating about “doing something” about climate change is dishonest, disingenuous, futile and pointless. Brazil is telling the rest of the world, especially nations that developed their own economies with reckless impunity on the way to wealth and power, to back off its demands that Brazil stop burning its own rain forest. Of course it is taking this stance, and Brazil isn’t the only developing nation that will take that position and has every right to take that position.

Brazil’s defiance is also a definitive rebuttal to the argument that the United States should spend billions—trillions?—in virtue-signaling climate change policies that under the most optimistic scenarios won’t “fix” anything without mass cooperation by nations in Brazil’s position—and that’s not going to happen.

2.  The theory: somebody has to pay. A judge in Oklahoma yesterday ruled that Johnson & Johnson  intentionally hid the risks and hyped the benefits of opioids, ordering the company to pay the state $572 million in damages. This is the first trial of a drug manufacturer for the destruction wrought by prescription painkillers.

I don’t know if the verdict is fair, having not seen the evidence and heard the arguments. I don’t know that the verdict will hold up on appeal. The theory used by the state was questionable: the judge found that Johnson & Johnson perpetuated a “public nuisance” by  contributing to an ongoing public health crisis that could take decades to address successfully. Yet there was no proof offered that doctors who prescribed the drugs were misled, or that Johnson & Johnson violated federal drug regulations.

Public nuisance laws typically apply in cases where something interferes with a right common to the general public and results in danger on roads, parks,and other public areas, and not usually public health, which is what the state argued in this case. Johnson & Johnson’s lawyers contended that the state was contorting public nuisance law to the point of being unrecognizable. Of course, the same argument was made when product liability laws started moving beyond the “buyer beware” stage.

Not reading and hearing all the evidence, I can only wonder if this is case of deep pockets being held responsible for a tragedy that had no single, obvious villain. Doctors prescribed drugs approved by federal regulators, and the drug manufacturers supplied them, legally. Then citizens took the drugs, voluntarily, in a political and social culture that increasingly shrugs off drug use and abuse. Continue reading →

A Show Of Hands, Now: Who Thinks Brian Stelter Is Telling The Truth This Time?

CNN’s laughable “media critic,” Brian Stelter, who has distinguished himself and embarrassed his field—supposedly media ethics—by devolving into a mere shill for CNN and a dependable scourge of Fox News, may have hit a new low yesterday. I say “may” because  its hard to make qualitative distinctions in the murk at the bottom of the barrel.

Stelter brought on the former chairman of the Psychiatry Department at Duke University, Dr. Alan Frances, apparently because he has a raging, Level 5 case of Trump Derangement. This is sufficient qualification  for a national news media platform now. No enlightenment necessary, no reasoned analysis, just good, old fashioned, bat-shit Trump hate, with plenty of spittle and that wonderful “Is he going run off on all fours biting people?” suspense. On Stelter’s show with the doctor was Bandy Lee, who defied her profession’s rule against diagnosing political figures from afar throughout the 2016 campaign, saying that she was  “obligated to break [the rules] in times of emergency,” thus evoking eleven rationalizations by my count. That’s right, Lee and Francis were the representatives of the psychiatric profession CNN’s “media ethics” authority decided would give a balanced assessment of the practice of psychoanalyzing the President.

Really.

Dr.  Frances pretended to criticize his professionally irresponsible colleagues like Lee for assisting in the resistance’s Plan E, trying to illegitimately apply the 25th Amendment allowing a disabled President to be removed from office.   Oh no, he said: doing this was just plain wrong:

“Well, I think ‘medicalizing’ politics has three very dire consequences. The first is that it stigmatizes the mentally ill. I’ve known thousands of patients, almost all of them are well-behaved, well-mannered good people. Trump is none of these. Lumping that is a terrible insult to the mentally ill and they have enough problems and stigma as it is. Second, calling Trump crazy hides the fact that we’re crazy for having elected him and even crazier for allowing his crazy policies to persist… Now, it’s absolutely impossible, you can bet the house that the Congress, that Pence, that the cabinet will never ever remove Trump on grounds of mental unfitness. That will never happen. Discussing the issue in psychological name-calling terms distracts us from getting out to vote. The important thing is to get Trump out of office.”

Is that your expert opinion, doctor? Simply wanting to defeat the President is all it takes to get on CNN, apparently.

Ah, but it was within those ellipses that the doctor really came through, saying, Continue reading →

Sad Saturday Ethics Distraction, 8/24/2019: The Let Sean Spicer Make A Fool of Himself If He Wants To Edition

I hope you are feeling much happier than I am today.

I just returned from a memorial gathering for a very dear friend’s wife of 37 years, who died suddenly, painfully, and based on what I have heard, unnecessarily at the end of July. One positive take-away from the event: People really aren’t so bad. My friend was stunned and touched beyond measure by the turn-out, with nearly 200 people attending just to say good-bye to her and express their love and support for him. Some traveled great distances,  interrupted vacations, or made it despite illness and handicaps.  I saw friends, former colleagues and acquaintances that had been out of this region for decades, but all it took was an email informing them that their friend, who  is one of those rare people who is always there to render help and support, now needed their support himself.

Gee, those endings of “It’s A Wonderful Life” and “Easter Parade” aren’t as corny as I thought...

1. What a surprise! Only 35% of those polled support impeaching a President who has done nothing impeachable! Choose: Either the Democrats and the resistance have been lying about there being real and substantive high crimes and misdemeanors in order to sabotage the elected President, or there are such offenses, and they don’t have the guts to do their Constitutional duty and act to remove a President who is the existential threat to the nation they have claimed he is since, uh, before he was sworn in, somehow.

The same poll says that 57% would prefer someone else as President. That number is astoundingly low. The Someone Else dude is terrific! What a great President he’d be; I can’t fathom why he’s never made it! I know I sure wish he was President;  I’ve wished he were President ever since Ike left the White House.

Today’s quote from a “someone else” who I would rather set my face on fire than see have any power whatsoever: Bernie Sanders, who, while bloviating that “Climate change is an existential threat to the entire country and the entire world and we must be extraordinarily aggressive,” proposed an impossible, bankrupting, irresponsible 16 trillion dollar plan to “fix” what he doesn’t personally understand, couldn’t explain with a gun to his head, cannot say with certainty how it can be addressed effectively, and could be stumped by a cross examination by any climate change skeptic with a science degree. Bernie doesn’t even understand political science, and that was his college major. Proposing spending trillions of dollars on something you don’t understand is unethical. Isn’t that obvious? Continue reading →

Morning Ethics Warm-Up: The “I Should Be At The Beach” Edition…

Good Morning!

Is everyone vacationing this week but me? I can detect such things from blog traffic—this week has been sparse. Unfortunately this is the legal ethics CLE busy season, so I have been furious preparing materials for three new three-hour programs: “The Legal Ethics Mine Field,” “Legal Ethics Squeeze,” and a new musical ethics seminar for the New Jersey Bar Association, “Ethics Blues,” with the talented Esther Covington. It features legal issues-stuffed parodies of such songs as “Copacabana,” “Sweet Caroline,” “Piano Man,” “You Made Me Love You,” “Isn’t It Romantic” and “Let it Be,” among others. I’ve been writing parody song lyrics since I was 9, and much as I enjoy it, it is mentally exhausting in a way nothing else is.

1.  The anti-Trump news media is all a twitter because former GOP Congressman Joe Walsh might challenge President Trump for the nomination. Joe Walsh!  He’s the only member of Congress ever designated a fick by Ethics Alarms, in this post, about how Walsh, a Tea Party fiscal responsibility hawk who once lectured Barack Obama about how he was placing a burden on the backs of Walsh’s children, owed  $117,437 in unpaid child support to his ex-wife and those already burdened, kids, three of them. For this and other transgressions he was defeated for re-election, and Joe’s now a talk show host, presumably with the same audience that took guidance from former radio bloviators Ollie North and Gordon Liddy.

2. On the innocent until proven guilty front…there has been a spate of defamation lawsuits lately in which priests accused of sexually molesting boys accuse the Catholic Church of ruining their reputations based on publicizing unsubstantiated accusations of pederasty.

A Fresno, California priest,  Craig Harrison, who is facing multiple allegations of sexual abuse, is suing an established  Catholic watchdog group Roman Catholic Faithful (RCF). seeking “unlimited” damages as a result of RCF President Stephen Brady’s “appearance at a press conference in Bakersfield” that addressed “allegations of sexual misconduct” made against Harrison. The lawsuit and summons were filed this month after the Bakersfield Police Department (BPD) concluded an investigation that it said  exonerated Harrison. Brady says that the lawsuit may be intended to discourage other ongoing RCF investigations. Continue reading →

Sexual Harassment, Cancellation Culture, Anonymous Accusers, And Placido Domingo

A report last week revealed that nine women accuse towering opera figure Placido Domingo of sexual harassment.  None of the accusations have been investiaged or substantiated, and only one of them isn’t anonymous. Yet two American institutions, the Philadelphia Orchestra and the San Francisco Opera, immediately canceled their upcoming concerts with him, giving the now-familiar “safe environments” explanation. None of. Domingo’s many upcoming scheduled performances in Europe were canceled, however, as sponsors took what the New York Times calls  “a wait-and-see approach,” or what used to be known in this country as “Let’s not punish someone based on unsubstantiated  accusations alone.” Or fairness. Due process. The Golden Rule.

There are countervailing factors pulling every which way. As I understand it, #MeToo  and “Time’s Up” insists that female accusers must be believed, unless the accused is the black, Democratic Party’s Lieutenant Governor of Virginia, or the harassment is caught on camera repeatedly, as in the case of the Democratic Party front-runner for President. In the arts, these allegations have had mixed effect. Conductor James Levine has not performed in public since he was fired by the Metropolitan Opera last year after accusations of sexually abusive and harassing conduct were substantiated in an investigation, but when Pixar chief and creative muse John Lasseter was fired for being a serial hugger (rather like that Democratic Party front-runner) he was rapidly snapped up by a rival studio that gave him as much power and more money. Go figure.

There is the anonymous factor: it is my long held position that an anonymous accusation relating to the workplace should be regarded as no accusation at all, meaning that there has been one allegation of sexual harassment against Domingo. An accused individual cannot address claims when he doesn’t know their source or facts. I have been the target of false anonymous accusations—not of harassment—in my career, and as a manager in various businesses and associations, I told staff that unless they were willing to go on the record with an accusation of wrongdoing, I didn’t want to hear it. It is too easy to destroy careers and reputations with false accusations with no accountability attached.

The other issue is the multiple accusation factor. In sexual abuse and harassment, there are no one-time offenders unless there has been a massive miscommunication. The typical scenario is that a single accusation triggers several, often many, more with near identical facts. This is why I did not believe Anita Hill and Dr. Blasey-Ford, and why I did believe Bill Cosby’s many accusers.

Timing is also important. Ancient accusations of sexual misconduct—I would say anything more than five years old is dubious—arriving after memories have faded, evidence has vanished and seemingly timed to do maximum damage to the accused should be treated with skepticism and a presumption of  bad will, especially when the accused is a public figure.

And yet… Continue reading →

Here’s A Poll That The News Media Must Take Seriously…But They Won’t. Too Bad. For Everyone.

Rebel journalist Sharyl Attkisson engaged pollster Scott Rasmussen to measure public attitudes about the political news media. His results, which he discussed on her show, “Full Measure”:

  • 78% of voters say that  journalists  use their media platforms to promote their own agendas.
  • 14% think that journalists fairly report what the news.
  • Focusing only on national news reporters, 57% of those polled said reporters slant their output to advance their own political agendas,
  • Only 26% of those polled believe that national reporters restrict themselves to the facts.
  • 52%  believe the problem has become worse compared to five years ago.
  • 42% of Americans believe national political news coverage is inaccurate and unreliable, while less— 38%—believe it’s accurate and reliable.
  • 36% of voters believe that a journalist would fairly report facts that would hurt their favorite candidate.

Observations: Continue reading →

Ethics Quiz: The Firing Of Officer Daniel Pantaleo

The New York Police Department has finally fired Daniel Pantaleo, the officer shown on video with his arm bent around the neck of 43-year-old Eric Garner just before Garner died  after being tackled by five officers.  A departmental disciplinary judge recommended the action, and Pantaleo was suspended from duty pending further review.

“In this case the unintended consequence of Mr. Garner’s death must have a consequence of its own,” said O’Neill. “It is clear that Daniel Pantaleo can no longer effectively serve as a New York City police officer.” He also added, “If I was still a cop, I’d probably be mad at me.”

The Commissioner kept digging. Continue reading →

The New York Times Reveals That It Will Move On From Its Three-Year “Trump Stole The Presidency By Colluding With Russia” Strategy For Undermining Him To A “Trump And Republicans Are Racists” Strategy For Defeating Him In 2020

How else can we interpret the opening statement by Times editor Dean Baquet in a recent staff meeting? Someone surreptitiously recorded the 75 minute question and answer session and leaked it to Slate, which put it all online. It begins with this (emphasis mine):

Dean Baquet: If we’re really going to be a transparent newsroom that debates these issues among ourselves and not on Twitter, I figured I should talk to the whole newsroom, and hear from the whole newsroom. We had a couple of significant missteps, and I know you’re concerned about them, and I am, too. But there’s something larger at play here. This is a really hard story, newsrooms haven’t confronted one like this since the 1960s. It got trickier after [inaudible] … went from being a story about whether the Trump campaign had colluded with Russia and obstruction of justice to being a more head-on story about the president’s character. We built our newsroom to cover one story, and we did it truly well. Now we have to regroup, and shift resources and emphasis to take on a different story. I’d love your help with that. As Audra Burch said when I talked to her this weekend, this one is a story about what it means to be an American in 2019. It is a story that requires deep investigation into people who peddle hatred, but it is also a story that requires imaginative use of all our muscles to write about race and class in a deeper way than we have in years. In the coming weeks, we’ll be assigning some new people to politics who can offer different ways of looking at the world. We’ll also ask reporters to write more deeply about the country, race, and other divisions. I really want your help in navigating this story.

But I also want to [inaudible] this as a forum to say something about who we are and what we stand for. We are an independent news organization, one of the few remaining. And that means there will be stories and journalism of all kinds that will upset our readers and even some of you. I’m not talking about true errors. In those cases, we should listen, own up to them, admit them, show some humility—but not wallow in them—and move on. What I’m saying is that our readers and some of our staff cheer us when we take on Donald Trump, but they jeer at us when we take on Joe Biden. They sometimes want us to pretend that he was not elected president, but he was elected president. And our job is to figure out why, and how, and to hold the administration to account. If you’re independent, that’s what you do. The same newspaper that this week will publish the 1619 Project, the most ambitious examination of the legacy of slavery ever undertaken in [inaudible] newspaper, to try to understand the forces that led to the election of Donald Trump. And that means trying to understand the segment of America that probably does not read us. The same newspaper that can publish a major story on Fox News, and how some of its commentators purvey anti-immigrant conspiracies, also has to talk to people who think immigration may cost them jobs and who oppose abortion on religious grounds. Being independent also means not editing the New York Times for Twitter, which can be unforgiving and toxic. And actually, as Amanda Cox reminds me, doesn’t really represent the left or the right. [inaudible] who care deeply about the Times and who want us to do better, we should listen to those people. But it is also filled with people who flat out don’t like us or who, as Jack Shafer put it, want us to be something we are not going to be.

The transcript is long, and while I recommend reading the whole thing,  not everyone has sock drawers they can neglect. The unavoidable take-away is that the Times and its staff, mirroring the American Left of which it is bulwark, is obsessed with race as well enamored of the tactical advantages race-baiting it confers in the ideological struggle for control over the levers of government power.

Later, there is this revealing exchange: Continue reading →

Unethical Quote Of The Week: San Francisco School Board Member Alison M. Collins

“This is not history; it is a remnant from a bygone era.”

—–San Francisco School Board Member Alison M. Collins, expounding to the New York Times and expressing her displeasure with the school board’s vote to nullified an earlier vote to spend over $600,000 to paint over Depression-era school murals depicting slavery and the deaths of Native Americans.

I love this unethical quote; it might be my favorite of all the unethical quotes Ethics Alarms has ever featured. It tells us so much in so few words.

Ethics Alarms wrote about the school board’s earlier vote that this one, for now, at least, undid, last June, noting,

The San Francisco school board unanimously voted this week  to spend at least $600,000 of taxpayer money to eliminate the  “Life of Washington,” a 13-panel, 1,600-square-foot mural that has been on view in the  city’s George Washington High School since 1936. It was considered politically incorrect at the time, but in a way that explicated American history rather than whitewashing it.  Among the mural’s many scenes is one depicting slaves picking cotton at Mount Vernon and Virginia colonists walking past a dead Native American.  The Horror. Although these scenes are historically accurate as well as provocative, “The truth will make you free” has been substantially abandoned by the Left in the U.S. Taking their cues from the dead and rotten Soviet Union and “1984”,  the new slogan is George Orwell’s “Who controls the past controls the future.”

Ms. Collins’ classic quote perfectly expresses how her city, her party and her ideological clones reached the state of delusion and the worship of manipulated reality (remember, the Democratic Party’s leading contender for the White House “gaffed” by admitting last week that “we choose about truth, not facts”) that have so many of our political leaders flirting openly with totalitarianism.

The idea is to prevent young citizens (and older ones too) from acquiring the kind of messy information that requires critical thought to sort out, the information known as “history”and “life.”Without forceful filtering, people of sound and open minds are liable to reach conclusions that don’t advance those of the ascendant (they think) re-engineers of American values and culture. Those poisoned by the past and traditional American values  might be willing to treat  with fairness and respect, rather than contempt and abuse, those who hold non-conforming, non-woke positions and policies. They might tolerate the rebels and iconoclasts who refuse to follow in lock-step their betters of superior virtue and wisdom . Continue reading →