So Soon? The Bill Maher Ethical Condundrum Strikes Again…In Ferguson!

It's baaaack!

It’s baaaack!

No sooner did I announce the Bill Maher Ethical Conundrum than a perfect example of it—not involving Bill Maher—hit the news…and joined the Ferguson Ethics Train Wreck.

In August, the Federal Aviation Administration agreed to a request by the St. Louis County police to restrict about 37 square miles of airspace over Ferguson, Missouri, then engulfed in the most violent of the protests and rioting sparked by the shooting of Michael Brown. The restriction lasted for 12 days, and the reason given for it was safety concerns. Shots had been fired at a helicopter at one point during the violence in the city.

Safety is surely a valid concern, and since there were legitimate reasons to believe that the no-flight restrictions were prudent in the interests of safety, the measure was ethical. Or was it? The Bill Maher Ethical Conundrum, for those who missed the recent post:

Is the ethical nature of an act defined by its intent, or by an objective assessment of the act alone without reference to motive?

The Associated Press obtained tapes of the FAA’s air traffic managers discussing how to redefine the flight ban to allow commercial flights to operate at nearby Lambert-St. Louis International Airport and to permit police helicopters to fly through the area while meeting the goals of the ban. On the ban, they heard an administration manager say, about the St. Louis County Police Department, “They finally admitted it really was to keep the media out. But they were a little concerned of, obviously, anything else that could be going on.” A manager at the administration’s center in Kansas City said the police “did not care if you ran commercial traffic through this T.F.R. all day long. They didn’t want media in there.” Acknowledging that a ban that said “…you know, ‘OK, everybody but the media is OK,’ ”  the FAA managers then developed wording that they felt would keep news helicopters out of the controlled zone but not impede other air traffic.

Bingo! A flight ban in the interest of safety, serving the interests of safety, but motivated primarily by the illegal, unconstitutional, unstated motive of interfering with the public’s right to know through exercise of the Freedom of the Press.

Ethical or unethical?

The Bill Maher Ethical Conundrum strikes again!

___________________

Facts: New York Times

When Ethical Causes Are Pursued By Unethical Means: The Anthony Porter-Alstory Simon Mess

What does this picture have in common with the Alstory Simon case and the Illinois criminal justice system? Read on...

What does this picture have in common with the Alstory Simon case and the Illinois criminal justice system? Read on…

All Americans owe a debt to the many non-profit organizations across the country dedicated to freeing innocent prisoners, some of them sentenced to die, who were wrongly prosecuted and convicted as a result of breakdowns in the justice system or prosecutorial corruption. Their work has served as an invaluable fail-safe, it has focused attention on needed reforms, and it has rescued innocent lives before they were completely destroyed. As a reminder of the corruptive power of good intentions, however, the recent release of a convicted murderer put in prison by one of these organizations serves as an ethics cautionary tale. Apparently one such “innocence project” believed that it was worth sending an innocent man to prison for a murder he did not commit in order to save the man originally convicted of the crime from execution.

In 1998,* Illinois death row inmate Anthony Porter, convicted in the 1982 murders of Marilyn Green and Jerry Hillard, was apparently proven innocent 48 hours before his scheduled execution. A Northwestern University professor and his students working with the Medill Innocence Project had obtained a videotaped confession by a man named Alstory Simon, admitting that he, not Porter, was the real killer. Porter was ultimately released, in 1999.

The governor of Illinois at the time, George Ryan, a longtime supporter of the death penalty, claimed that he was so shocked by the near fatal miscarriage of justice that he halted all executions less than a year after Porter’s exoneration. Eventually he commuted the sentences of every prisoner on death row, saying the state’s capital punishment system  could not be trusted. The Simon confession leading to Porter’s exoneration drove the shift in public opinion that caused the Illinois death penalty’s demise in 2011.

Happy ending? Not exactly. In 2005, witnesses who implicated Simon announced that they had fabricated their stories in exchange for money and a promise by the Northwestern professor, David Protess, that he would work to free two incarcerated relatives of one of the witnesses. Then Alstory Simon recanted his confession, saying that he had been persuaded by a faked videotape of witnesses implicating him in the crime, and promises of a short prison sentence and a movie deal if he confessed to a crime he didn’t commit. Last week, an Illinois judge ordered Simon released from prison after  prosecutors agreed that he was probably not guilty. He had spent almost 15 years in prison. Continue reading

If You Can’t See Both Sides Of The Ferguson Mess, Then You Are Too Biased To Be Anything But A Part Of The Problem

two sides

Unfortunately, the group that fits the description in the title appears to be “almost everyone.”

I. The Michael Brown Side.

  • Brown was young. He had his life ahead of him. It is tragic that he died.
  •  Whatever he did, it would not warrant a death sentence in the justice system.
  • He was shot dead, and he did not have a gun or a weapon on him.
  • He was black, shot by a white officer, in a town where African-Americans, for a variety of reasons, do not feel respected, believe they are often harassed, and feel subject to racial discrimination.
  • Brown was shot at multiple times. The average individual can see no reason why that would be necessary.
  • Eyewitnesses report that at the time of the fatal shooting, Brown posed no threat to the officer that would justify the use of deadly force.
  • Important, powerful, respected African-American officials and leaders trusted by the majority of black Americans have stated that that racism is rampant in U.S. society generally, and the justice system specifically.
  • Brown’s body was left lying in the street for hours, in what seemed to be a gesture of disrespect.

The items above do not include the many cynical, dishonesty, manipulative interpretations of the event and false or deceitful assertions that have been used by activists, journalists, advocates and politicians to distort public perception. Bill Maher, for example, flatly says that Brown was murdered. That is not a fact, and no one who didn’t witness the shooting is justified in stating that it is a fact. Continue reading

No, I’m Not Going To Write About Ethics And #Gamergate

Whatever.

Whatever.

I keep getting emails asking when I’m going to discuss Gamergate on Ethics Alarms. Several readers have sent me extensive links to bring me up to date. I’ve read them, or at least tried. Not since I was assigned the tome Peace and War by Raymond Aron has any text bored me more.

Gamergate appears to have all the markers of an ethics train wreck, but to me, at least, the train might as well be in Mongolia. I can’t contribute anything of value on this topic, because gaming is not part of my life, skill-set or interests in any way. This is a culture I don’t understand, and frankly, don’t have the time or interest to understand. I make a yeoman effort to keep up with popular culture, because I think once it gets too far ahead of you, your ability to understand the world around you is severely limited. But triage is essential. Just a few years ago, I knew who all the celebrity contestants on “Dancing With The Stars” were; this year, I never heard of half of them. More than half the stories on TMZ lately are about “celebrities” that are completely off my radar screen. I am confident, however, that in about six months, most of these stealth celebrities will be where Snookie and “The Situation” are now, which is obscurity, has-been Hell, or maybe jail.

There are ethics lessons to glean from this endless gamer scandal, but Ethics Alarms will just have to glean them elsewhere. For those who feel neglected, I highly recommend the recent post by Ken at Popehat, along with his links. It hits most of the salient ethics issues, and Ken, I gather, follows this stuff, as do his Popehat colleagues. My hat’s off to him, and them. But #Gamergate is one ethics controversy that I am not qualified to explore, and don’t want to be.

Unethical Website of the Month: Million Hoodies Movement for Justice

Different hoodies, different races, same ethics...

Different hoodies, different races, same ethics…

Million Hoodies Movement for Justice is, in its own way, as racist as “Chimpmania,” and, I would argue, far more harmful.

The Chimpmania racists live on the margins of respectable civilization. They are the direct ideological descendants of those who wore hoods and lynched blacks in the South, but they operate in the shadows. Their hateful words and beliefs are almost universally recognized for what they are, the product of ignorance. The vast majority of Americans of any race or creed would be mortified to be associated with the site, or with anyone who read it.

In contrast, Million Hoodies Movement for Justice projects the sheen of respectability, and aims to advance legitimate, if debatable causes: the elimination of police militarization, and the banning of profiling. It is, however, as racist in its assumptions about whites as Chimpmania is regarding African-Americans, just more subtle. Continue reading

Ethics Dunce: Monica Lewinsky

Under that bus is Monica Lewinsky, and it wasn't Matt Drudge who threw her there.

Under that bus is Monica Lewinsky, and it wasn’t Matt Drudge who threw her there.

It truly pains me to have to write anything negative about Monica, who was exploited and humiliated by a President of the United States, and had her life permanently derailed because she trusted and even loved a rogue who regarded her as little more than an animated sex toy. Her re-emergence now, however—yes it is sad and desperate and makes me furious at Bill Clinton all over again—in the new guise of a “cyber-bullying” victim is intolerable, a delusion on multiple levels, despicable blame-shifting, and a welcome weasel-out of-accountability-free card for the Clintons. Yeccch.

I’m sorry for what happened to you, Monica, but you’re 40 now: it’s time to start seeing life more clearly—especially your own and the reasons why you are in the mess you are.

“Overnight, I went from being a completely private figure to a publicly humiliated one. I was Patient Zero,” Lewinsky said in a speech Monday to Forbes’s Under 30 Summit in Philadelphia. “The first person to have their reputation completely destroyed worldwide via the Internet.”

It has to take a near-fatal injection of self-serving historical air-brushing for the ex-intern to say this with a straight face, and it tells us volumes about the audience that it didn’t start throwing tomatoes:

  • She wasn’t a “completely private figure.” She was a woman having a sexual affair with the President of the United States while he lied about it—to his wife, his staff, and under oath (I haven’t covered all of the lying, either.) That makes her an individual who is engaged in conduct with tremendous public and official consequences who is only “private” because a powerful official is using his power to make it so. The proper term is “inevitable public figure waiting for the dam to break.”
  • The reason for her humiliation was and is William Jefferson Clinton, and no other. He is the one who described her as “that woman,” while denying what was true. He is the one who made his relationship with her part of a legal record while he was trying to avoid the consequences of another “bimbo eruption,” as his long-time “fixer” liked to call them.

Continue reading

From Ferguson To Fairness, Truth And Justice: Can’t Get There From Here

Cant get there

Hopeless.

The New York Times has leaked details of the forensic evidence and police officer Darren Wilson’s account in the shooting of Michael Brown. This came from that paragon of professionalism, the Justice Department, which wants to make sure that those seeking to burn down Ferguson and lynch Wilson have time to process the fact that a civil rights violation charge against Wilson just isn’t going to happen. Why is this important? Maybe the leak is to cushion the blow and reduce the likelihood of violence. That would be the motive of a non-partisan, race-neutral agency. Maybe Justice wants to make sure African-Americans are angry before the mid-term elections, so they will vote. (Democratic pollsters are telling the party that if blacks stay home, the Republicans are going to win big.)  That. of course, would be unethical.

But so are leaks of federal investigations.

What the leaked information reveals is that there was a scuffle in the car, and Michael Brown, the 300 lb. teen who is always described as unarmed as if this means he was harmless, tried to grab Wilson’s pistol. He was shot in the arm as a result, and his blood was in the car and on Wilson’s gun. This prelude to Brown’s fatal shooting makes any conclusion that he was out to harm Brown because of his race impossible. Of course, it doesn’t prove he wasn’t out to kill a black kid either.

At this point, confirmation bias has completely taken over the Ferguson story, meaning that a combination of factors—police incompetence; a toxic racial culture in the city and region;  the racial distrust carefully nurtured by Democrats, the Obama Administration, and an irresponsible news media; anger and cynicism by non-black, non-race-baiters over the disgraceful George Zimmerman-Trayvon Martin tragedy;  the slanted reporting of Brown’s shooting from the outset, and especially the full commitment of the civil rights establishment to make this incident the centerpiece of an attack on racial profiling and police violence against blacks regardless of whether the facts of the case justify it—now make any fair resolution of the incident impossible. They also guarantee that whatever occurs, the end result will be police anger, more racial division and distrust, and activists continuing to promote a false or misleading narrative as truth, just as in the Zimmerman-Martin debacle. It is hopeless.

We are at this horrible, irredeemable point because…

  • The team of the media, irresponsible black politicians, an unethical prosecutor, despicable grandstanding celebrities and President Obama made a national racial issue out Trayvon Martin’s death, where there were none, and another flash point was deemed to be just what the flagging Democratic election prospects needed.
  • The narrative of a black, young, college-bound, unarmed, “gentle giant” being “executed” in the street merely for “walking while black” by a white cop was widely publicized before facts that complicated the issues arose.
  • The police department in Ferguson, and the region generally, has a well-established record of harassing black citizens, and an environment of mistrust already existed.
  • The department waited an unconscionable amount of time before releasing any facts related to the shooting.
  • The department’s decision to leave Brown’s body lying in the street looked like deliberate disrespect and insensitivity, which it probably was.
  • Demonstrations began based on hearsay accounts of how Brown was killed, representing as fact what were third party accounts, some of which, like those of Brown’s companion, were far from unbiased.
  • The Ferguson police acted like the Chinese government in Tiananmen Square in handling the demonstrations, and gave the media a panorama of images showing white cops abusing black protesters, a la Selma, Alabama,
  • If a white cop shoots a black man, it is presumptively an act of racism in the eyes of many civil rights activists,
  • Attorney General Holder appeared to pick sides in an incident where he was duty-bound to be neutral (but, as he has said, he is a black man first),
  • The Justice Department agreed to investigate the incident for civil rights violations based solely on political expediency, knowing full well that it would not have sufficient evidence for an indictment.

Add to all of the above the fact that  the incident itself was messy and ambiguous, as police shootings often are:

  • Did Brown deserve to be stopped and arrested? Maybe.
  • Was he the angelic, harmful snowflake portrayed by his parents and the media? No.
  • Was he a legitimate threat to Wilson, at least when they struggled in the car? Yes.
  • Did Wilson have reason to fear for his well-being? Well, would you, if a 300 pound guy was trying to get control of a gun in close quarters? Of course.
  • If he had fatally shot Brown in the act of protecting himself in the car, would Wilson be in the clear legally, logically and ethically? Yes.
  • Since Brown’s attempt failed, did he deserve to be shot after he left the car? No.
  • Is it likely that Wilson was upset by the struggle in the car, angry, frightened, and not thinking clearly? Yes.
  • Would that excuse his killing Brown, if Brown were indeed in a surrender pose as some witnesses claim? No.
  • Would it mitigate his guilt? Yes.
  • If Brown, unarmed or not, charged Wilson after the car incident, would Wilson be justified in using deadly force? Probably.

But the activists don’t care, literally don’t care, about any of this. For them, the issue is simple. A white cop in a racist police department shot an unarmed black teen to death, and that means that it was a racially motivated murder.

The police and their mostly conservative defenders also don’t care about the details. Once again, a dedicated public servant who put his life on the line was forced to use deadly force against a dangerous thug who attacked him, and because the cop is white, is being persecuted and unjustly maligned.

Everyone is poised to see what they want to see, believe what supports their biases and agendas, and shout loudly about injustice regardless of what occurs, fertilizing the ground for the next incident they can exploit, along with cynical politicians.

Good job, everybody.

And how exactly does all this make society better?

______________________

Sources: New York Times 1, 2; Fox News

Ebola, Trust, Competence, and “The Only Thing We HaveTo Fear Is Fear Itself” Ethics

On the 4th of March, 1933, newly elected President Franklin Delano Roosevelt, taking over the Presidency in the teeth of the Great Depression, intoned his famous words, “The only thing we have to fear, is fear itself!”  It was bravado, of course, and in essence a lie: there was a lot to fear. Roosevelt knew it, and the public certainly knew it. The whole economic system seemed to be falling apart. Anti-capitalist evolutionaries were looking for an opportunity to revolt. Nobody was sure what to do.

The statement was effective, however, in focusing the nation on the challenges at hand and riveting the pubic attention on solving problems rather than cringing in terror in fear of them. Roosevelt was a magnificent speaker, warm and charismatic, and that contributed to the force of his rhetoric, but what was most important is that he was trusted. Every new President  can draw on a full, newly-replenished  account of trust, or at least could, in FDR’s time. A new President’s promises haven’t proven to be air; his political skills and talents, honesty and character have not shown themselves to be inadequate or a fraudulent pose.  In rare cases, and FDR was certainly one, they never do. The President, for good or ill, is the human face of the U.S. Government. If he is trusted, it is trusted. Continue reading

Ebola Ethics Train Wreck Update

train wreck - b

Wow! THAT train wreck picked up passengers fast!

  • News Media Car: “Good Morning America” co-anchors Paula Faris and Dan Harris, who  told their audience members, thereby lowering their IQ’s, that a flight ban makes no sense since Ebola can only be passed via contact with bodily fluids. Well, let’s just let the infected fly, then! How much imagination does it take to think of ways passengers can get another passenger’s bodily fluids on themselves?  (HINT: bathrooms).  Faris and Harris also know that infected people can move around the country quickly using planes—hell, do they watch their own medium, television? Movies? Thomas Eric Duncan had no  symptoms when he boarded a plane to the US, where he infected at least two people before dying.  In a situation such as this, effective pubic education is one of the most critical functions of the news media. Choosing to blurt out spontaneous misinformation instead is incompetent and irresponsible.
  • Desperate Obama Defense Derangement Car: American Prospect blogger Paul Waldman, who in an Ebola-like outbreak of the DODD that he has been suffering from for years, issued a truly despicable post including vile statements like these:
Put a scary disease together with a new terrorist organization and the ever-present threat of undocumented immigrants sneaking over the border, and you’ve got yourself a putrid stew of fear-mongering, irrationality, conspiracy theories, and good old-fashioned Obama-hatred that they’re luxuriating in like it was a warm bath on a cold night…When people are afraid, they’re more likely to vote Republican, so it’s in Republicans’ interest to make them afraid. And you couldn’t come up with a better vehicle for creating that fear than a deadly disease coming from countries full of dark-skinned foreigners. So what if only two Americans, both health care workers caring for a dying man, have actually caught it? You don’t need facts to feed the fear. And they only need two and a half more weeks. 
Yes, when all else in your party’s government fails and is failing, blame it on racism. After all, nobody would be worried about a highly infectious, horrible, organ liquifying disease with no vaccine and a 70% fatality rate if it came from Asia or Europe. This is all because Republicans hate the black President. By all means, keep pushing that slander: maybe a real Rodney King-style riot can be launched in St. Louis! That should turn out the base! The fact that the Center For Disease Control that said trust us, we’ll stop this disease “in its tracks” was revealed to be a clown act has nothing to do with the criticism.

Continue reading

Introducing Rationalization #46: Zola’s Rejection, or “Don’t Point Fingers!”

fingers-pointing

J’accuse …!” ( “I accuse…!”) was a famous open letter to French president Félix Faure, published  January 13, 1898 in the newspaper L’Aurore by novelist Émile Zola. It accused the French Government anti-Semitism and a breach of justice in the prosecution and imprisonment of Alfred Dreyfus, a French Army General Staff officer sentenced to lifelong penal servitude for espionage. His well-argued accusation was the epitome of effective finger-pointing, and played a major role in bringing down a corrupt government.

Nonetheless, pointing fingers where they need to be pointed, when they need to be pointed, is inconvenient for the incompetents, miscreants, con artists, spinners and otherwise accountable parties so accused. Thus they and their allies often exploit this peculiar rationalization, which is better described, perhaps, as rationalization fertilizer, since it is a catalyst for the employment of many others, including the Biblical rationalizations. “Don’t point fingers!”, or its common variation, “Stop pointing fingers!” provides protection for the very people who most deserve to be pointed to, allowing them to deny culpability, avoid the just consequences of their failings, and best of all, divert appropriate attention from what they have done or not done to the supposed meanness and vindictiveness of critics who want to make sure the same mistakes don’t occur again, especially with the same officials in charge.

And, ironically, the cry “Don’t point fingers!” is often followed by those who cry it pointing fingers themselves, at others. It has unlocked, in such circumstances, the use of Rationalization #7, The Tit-For-Tat Excuse, which holds that one party’s unethical conduct justifies similar unethical conduct in return. Continue reading