More Noose Ethics: In Virginia, Affirmation That The Constitution Permits One To Be Racist And Talk Like A Racist, But Not To Do THIS

nooseThe Virginia Court of Appeals took on the case of a man convicted of violating a state law prohibiting displaying a noose with the intent to intimidate, in violation of Va. Code § 18.2-423.2. Actually, Jack Turner did a bit more than that. The noose was hanging from a tree on his property and was on the neck of a dummy appearing to portray a black man. However, the law only prohibits a citizen from displaying a noose in a public place, and this was, his lawyers argued, Constitution-protected speech on private property. Turner was appealing his sentence of five years in prison (all but six months were suspended).

No doubt about it, this was “hate speech”; Turner admitted it.  After his African American neighbor reported the display to police, who questioned him about his intent, Turner initially said that the hanging black dummy was “a scarecrow.” When it was pointed out that he had no garden, Turner elaborated by explaining that he was a racist, and “did not like niggers.”

At the trial, one of Turner’s African American neighbors testified that after seeing the hanging dummy he was especially upset when he saw the dummy because nine African-Americans had been killed in the Charleston South Carolina church shooting earlier in the same day. The neighbor’s wife testified that she now feared for her family’s safety.  After the incident, the parents no longer allowed their sons to walk past Turner’s house, because, they said, they didn’t know what else a man who hanged such a warning was capable of doing. For his part after he was forced to remove the hanging black effigy, Turner continuously hung a Confederate flag in a window  facing his neighbor’s home. Great neighbor.

Hate speech, however, is still protected speech. As the Supreme Court confirmed last session, to be legally prohibited hate speech must constitute a “true threat,” meaning that a speaker means to communicate “a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals,” even where the speaker does not “intend to carry out the threat.” Prohibitions of true threats protect individuals from “fear of violence and from the disruption that fear engenders.”

The Court of Appeals didn’t have to exert itself to find that when a man hangs a noose with a black figure dangling from it within view of his African-American neighbors’ house, it indeed constitutes a “true threat.” The Court found the display, after reviewing the history of lynchings in Virginia and the powerful symbolism carried by Turner’s noose, comparable to a burning cross, Continue reading →

Note To Conservatives On The “Hamilton” Cast’s Harassment Of Mike Pence: I’ve Got This. You’re Not Helping.

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The problem is that, as you might guess, Trump-supporting Republican and conservatives are as ethically clueless as the Democrats attacking them.

Now there is a backlash against the “Hamilton” actors who singled out an audience member (who happened to be the Vice-President Elect) for specific abuse last week, because, the theory goes, elected officials who a cast doesn’t like shouldn’t be able to attend live theater without entailing the risk of being harassed. Ethics Alarms has been very clear about why this is wrong in every way, and all rebuttals have boiled down to “But we don’t like Mike Pence or Donald Trump, so we should be able to suspend ethics!”

Keep telling yourselves that.

Now it has been discovered that some of the “Hamilton” grandstanders probably didn’t vote in the election, and the actor whose mouth was used to issue the lecture to Pence had himself authored some Trump-like misogynist  rhetoric in a tweet or two. This is supposed to prove hypocrisy, and undermine the legitimacy of the cast’s ambush.

It doesn’t do this, because the cast’s stunt had no legitimacy at all, votes or not, hypocrisy or not.

Is the whole Trump term going to be like this? I fear so, since the incoming President literally is bewildered by all concepts ethical, and his defenders appear to be similarly disabled.

Look: if it is per se unethical and wrong for a theatrical production to turn on audience members without consent or warning to humiliate, threaten or accost them, the qualifications of the cast members engaging in this harassment can’t make the unethical act more or less so. Continue reading →

Well, These Episodes WOULD Have Helped Elect Donald Trump, If He Hadn’t Been Elected Already…

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I can’t bring myself to be thankful for the election of a President who has horrified and revolted me for the better part of a decade, but I am thankful that some troubling trends and attitudes in our society and culture have received the metaphorical slap in the face that Trump’s victory delivered. The Ethics Alarms tag “This will help elect Donald Trump” is about to be retired, but when mourning progressives ask you today, while passing the gravy, “Why? Why?”, you should direct them to this link, and this post.  If they don’t help, they are are beyond helping.

Three awful stories surfaced after the election, two of them yesterday, that illustrate the kinds of social dysfunction that have been nurtured in the Obama years, and if a Trump administration can erase them and their ilk, returning some sanity to the national landscape, no one will be able to say the Trump experiment was a total bust…

1. First, and most unforgivable, we have this recent quote from Bernie Sanders’ former spokeswoman, Symone Sanders (no relation). Appearing on CNN yesterday and talking about the future of the shell-shocked Democratic Party, she said in part…

“In my opinion we don’t need white people leading the Democratic party right now.”

On April 6, 1987, Dodger executive Al Campanis appeared on  the ABC News show “Nightline,” and infamously said that black people couldn’t be major league baseball managers. The statement caused an uproar, and Campanis, whom nobody who knew him regarded as a racist, lost his job and career. Symone Sanders’ comment, which like that of Campanis equates the ability to do a job with race, is no less offensive than what Campanis said, but similar sentiments are broadcast frequently from black public figures without widespread obfection or consequence. ( Sanders also said sarcastically this month, after the election, when shown a video of a mob beating up a Trump supporter, “Oh my goodness, poor white people!”)

Acceptable anti-white racism and a bigotry double standard both defy American values, including basic decency, respect and fairness, but there are seldom consequences for shameless bigots like Sanders, except the cumulative one of having the people she and others denigrate for their color and ancestry sticking the human thumb named Donald Trump in their eyes.

It is no more racially biased for white Americans to take offense at the broad negative stereotyping endorsed by Sanders than for black Americans to oppose white supremacists…or clueless passive bigots like Al Campanis. Their anger at being told their skin disqualifies them for any job is justified, and the fact that news media talking heads nod respectfully at racist bile like the comments of Symone Sanders is further justification. (  Ted Koppel’s reaction to Campanis’s jaw-dropping statement 30 years ago can be fairly summarized as, “Wait…what?“ ) Not happily voting for a political party that embraces individuals who want to marginalize you because of race or gender isn’t bigotry, as the current Bitter Hillary Fan narrative now styles it. It is common sense.

Promoting racial division and bias is unhealthy and un-American no matter what direction it comes from. Until everyone can be certain that the Democratic Party is on board with that concept, and until proud and arrogant racists like Symone Sanders are shown the same level of tolerance Al Campanis received—that is, none—distrust of  progressives and the news media will grow, and should. Continue reading →

Opening The Door, Tit-For-Tat, And The Drunk In The “Hamilton” Audience

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All right, all right, maybe this is the final word on the “Hamilton” controversy.

What do we make of this?

A supporter of President-elect Trump reportedly interrupted a Saturday-night performance of “Hamilton” in Chicago with profane shouts at the show’s cast. According to BroadwayWorld, somebody seated in the balcony shouted, “We won! You Lost! Get over it! Fuck you!” during the number “Dear Theodosia,” which is about Alexander Hamilton and Aaron Burr coming to terms with what being a father meant in the newly formed United States. The audience member was escorted out of the theater by security after a brief altercation.

Rueful thoughts: Continue reading →

A New Poll Shows That President Elect Trump’s Popularity Is “Soaring”…GOOD!

Yes, it's that cognitive dissonance scale again! See, if the nation and the U.S. Presidency is +10, and a newly elected POTUS was -3 before being elected, what happens?

Yes, it’s that cognitive dissonance scale again! See, if the nation and the U.S. Presidency is +10, and a newly elected POTUS was -3 before being elected, what happens?

Ann Althouse, who blogged about the poll, seemed surprised. “Why do you think this happened?” asks the astute, well-educated, presumably historically informed law professor.

Why? Because that’s the way it’s supposed to work, and that’s the way it has always worked, that’s why. I explained this phenomenon here, to the jeers of skeptics. I also wrote, “Most people don’t understand the Presidency or their own culture,” though I’m a bit surprised that it applies to Ann. In the original post about the vicious attempts on the Left to undermine the new President before he has even taken office, I explained,

“Americans have always realized that the slate is cleared when someone becomes President, and that the individual inherits the office and the legitimacy of that office as it has been built and maintained by it previous occupants. He (no “he or she” yet, sorry: not my fault) becomes the symbol of the nation, the government and its people, a unique amalgam of prime minister, king and flag in human and civilian form. That immediate good will, respect for the Presidency, and forgiveness of all that went before has made the transfer of power in the US the marvel of the world, and has kept the nation from violence and division. It is part of our strength as a society. It is part of the election process, and a vital one.”

Let me quote the Gallup piece I cited before, backing this up:

“In general, the American public rates all new presidents positively — all have received majority approval in their debut ratings — though Obama is clearly near the top of the list. The three presidents who took office after the death or resignation of their predecessors tended to start out with even greater public support, as the nation rallied around the new chief executive in times of crisis. These include Harry Truman in 1945 with an 87% approval rating, Lyndon Johnson with 78% in 1963, and Gerald Ford with 71% in 1974.”

The new POLITICO/Morning Consult poll of registered voters found that 46% of voters now have a very favorable or somewhat favorable opinion of the previously reviled Trump.  Now only 34%  have a very unfavorable opinion of him, with 12% somewhat unfavorable. Continue reading →

My Ethics Hero: Some Guy In The Harris Teeter Meat Section

I was doing some quick shopping yesterday at a large Harris Teeter supermarket in Alexandria, Virginia. My list from my wife included an option—always a doorway to a shopping confidence crisis—between a whole chicken, a small marinated chicken, or two large chicken breasts. I had decided on the marinated bird, but couldn’t find them where they usually were, and was more or less frozen, like the “hosts” in “Westworld” get when Anthony Hopkins wants them quiet, staring where I expected them to be.

“I’m going to buy one of them, the question is, which one?” a jaunty, relaxed voice close behind me said. At that moment I realized I had been staring at turkeys (I wasn’t there to buy one), and I turned around, not startled but curious, to face a broadly smiling, handsome, bearded African-American man about my age, probably a little younger.

“Isn’t it a little early?” I asked, smiling back. Being habitually disorganized, I am typically shopping  for everything the day before Thanksgiving.

“Oh, no, not for me!” he said, laughing. And he told me that he was going to cook up one or more turkeys for his church on Sunday. We talked about the ways he cooked his turkeys; he preferred to smoke them. He was also a grilling specialist. He took out his phone and showed me pictures of his specialty, ribs. We talked about his favorite recipes, and his church, his family, and its Thanksgiving plans, as I told him about mine. I mentioned that my wife was our traditional Thanksgiving chef, and that got the discussion turned around to marriage. We both have been married a long time, and he took me by the shoulders and talked intensely about commitment in relationships.

I had a twenty-minute conversation with this delightful stranger, just standing by the meat section. Finally, I announced  that I had to finish my assignment, and wished him wonderful holidays. I offered him my hand and introduced myself; he shook it firmly, and gave his name in return. Then we spontaneously hugged each other, which I never do, being from Boston and trained to be reticent in such intimacies, he flashed that terrific smile, and we parted.

My encounter with this exuberant gentleman suddenly made me feel good about life, my community, the country and the human race as I had not for a very long time. I think we’ll be all right. All that had happened was that a stranger just reached out and began a conversation about something two people shared, showing openness, kindness, human interest and trust, and a connection was made. That’s all it takes.

I start conversations with strangers a lot; it was something my father did. He was better at it than I am, and my friend in the Harris Teeter meat section is obviously a grandmaster. But as the holidays approach, and I keep reading these essays about families boycotting each other because of Trump-Clinton divides, it is so obvious that my dad and my turkey buddy are the wise ones.  We’re all just human beings together on a short and unpredictable trip: we should  just focus on that, and reach out.  Why is it so hard? Continue reading →

Introducing Rationalization #63. Irrelevant Civility and #64 A. Bluto’s Mistake

The most infuriating comment threads on Ethics Alarms are those in which one or more intelligent readers are desperately tying to dispute the indisputable ethics breach, and finding no substantive ethical argument because there are none, desperately throw one rationalization after another against the metaphorical wall to see if they’ll stick. They don’t of, course.

Occasionally, however, there is a benefit to the exercise: in their furious effort to find an legitimate argument while hunting through the rationalization dumpster, one of the protesters uncovers one that the Ethics Alarms Rationalization List had thus far missed. So it is with one of the most rationalization-choked exchanges ever to break-out on this site, the debate over the cast of “Hamilton” crossing multiple ethics lines, thick red ones, to exploit the  opportunity for political grandstanding occasioned by Vice-President Elect Mike Peck engaging in the benign and supportive act of attending their show. (The posts on this episode are here and here.) Not only was a new rationalization revealed—#63, Irrelevant Civility or “But I was nice about it!”—but my thinking about that one revealed that I had also missed another one, distinct but related, #63A, Bluto’s Mistake or “I said I was sorry!”

The total number of rationalizations on the list now stands at 80.

Rationalization 63. Irrelevant Civility or “But I was nice about it!” Continue reading →

Ethics Hero: Stevie Van Zandt

van-zandt

There is at least one liberal, Donald Trump-hating celebrity performer who has the integrity to insist that wrongful conduct is still wrongful regardless of the target.

Bruce Springstein guitarist Stevie Van Zandt, an inductee to the Rock and Roll Hall of Fame (and a memorable actor on “The Sopranos”), used a series of tweets to criticize the cast of the musical “Hamilton” for targeting Vice-President Elect Mike Pence  from the stage when Pence was in the show’s audience. Van Zandt wrote:

“Lin-Manuel is a genius. He has created the greatest play since West Side Story. He is also a role model. This sets a terrible precedent…When artists perform the venue becomes your home. The audience are your guests. It is nothing short of the same bullying tactic[s] we rightly have criticized Trump for in the past. It’s taking unfair advantage of someone who thought they were a protected guest in your home…There never has been a more outspoken politically active artist than me. Everyone who is sane disagrees with [Pence’s] policies…He was their guest. You protect your guests. Don’t embarrass them.”

Boy, just wait, Stevie: now you’ll get all the good progressives explaining to you that Pence had it coming, that he doesn’t deserve to be treated like a guest, that these vile Republicans should be treated like they will treat others, that these are not ordinary times, that ethics is a luxury we can’t afford right now, that the cast was nice about it (actually, I just saw the video, and they weren’t nice at all; they were strident and  confrontational), that everybody does it, that the ends justified the means, on and on. Just check the “Hamilton” defenders’ excuses on the threads here and here.

Van Zandt is 100% correct, of course, and courageous to oppose the approved unethical cant from the Left.  Unfortunately, most of his ideological mates have decided that standards of decency, respect, fairness and professionalism were suspended by an election result they disagreed with.

Revelations From The John Oliver Video Post: What I Have Learned

light-bulb PREFACE: I have just returned from a crazy three day odyssey that had me lecturing on Massachusetts legal ethics in Boston, Washington, D.C. legal ethics in the nation’s capital, and, professional ethics, legal ethics and accounting ethics in Tucson, Arizona. Keeping pace with ethics developments was even more difficult than it usually is when I’m on the road, because I had almost no time in between flights, meetings and various hassles to get to a newspaper, surf the web, or watch TV. And my browser kept crashing.

I wrote the John Oliver post, frankly, as low-hanging fruit. His performance was vile and hateful, barely funny, self-indulgent, and disrespectful in a damaging way, and I didn’t think, and still don’t, that there should be much disagreement on that assessment. I expected the usual “lighten up,” “he was only joking “[he was NOT only joking], and “he has right to free speech” comments, because I always get those any time I point out that a comedian has been unfair and irresponsible. I did not expect,for the post to get more single day traffic than all but one previous Ethics Alarms entry, and so many comments, many of which with troubling social and political significance. I returned to my office to find more comments waiting for moderation than have ever been there at one time, and I apologize for that: I try to get them cleared withing hours if not minutes. Of course, a disproportionate number of them were garbled nonsense, or just invective with no point whatsoever. They didn’t make it.

I also had some tough calls, with repetitious comments that misrepresented the post, made irrelevant or factually mistaken assertions, and also were abusive. I fear that I may have been inconsistent, and perhaps less tolerant than usual, and I’m not referring to the occasional comment I allowed to be published just to show the kind of comments that weren’t being posted. The problem is that this site is a intended to be a colloquy, and poor quality comments just make the threads hard to read, and also undermine the site.

I may have to be more ruthless in moderating comments in the future. I’m thinking about it.

Ethics is all about processing new information. Here are some useful things I learned, or re-learned, from the reaction to the post, “Ethics Dunce: HBO’s John Oliver”….

1. Otherwise reasonable, fair, smart people really do think that Donald Trump justifies unethical conduct and that makes it okay. Continue reading →

Meltdown At Gate 43

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As you probably have discerned, I am not having a good week on the road.

Today I am in Tucson, Arizona for less that 24 hours at a lovely resort that I will get to enjoy essentially not at all. Getting here, however, was the ethics adventure, or perhaps ethics breakdown is the better term.

My flight was supposed to start boarding at 4:30, but for some reason unclear to the assembled, did not. It was a real mob, a full flight, and as always at Reagan National , people were jockeying for position. They were also confused; a neighboring American gate was also boarding, and the announcements sounded like they were coming from our gate. Suddenly a gate attendant—is that what they are called?—came running up, and pushed through the crowd, sporting a big grin, why, I have no idea.

He grabbed the microphone and said, “All right, everybody, we’re ready to board American flight 2766 to Phoenix!” and nothing else.  “I guess they’re boarding everyone!” someone said, and there was a mad rush for the lane. “No no no!” the new arrival said. “First class only!” ” Did he say ‘first class only’ before?” I asked the young women standing next to me. “No,” she said, confirming my belief, “but then I can’t tell what he’s saying anyway.” True enough: the guy mumbled and didn’t seem to know how to use a mic. Then the VERY CLEAR announcement from the adjoining gate boomed out: “Now boarding Group 2!”

Again a mob of my flight’s passengers rushed the gate, and the young man with the grin shouted “NO! Get back! Now we are boarding the Platinum, Gold, Silver, American Plus, Bronze Bonus, Flying Potato passengers only!” Or something like that. He was barely heard, and the announcement from the nearby gate washed over it. “Now boarding groups 1,2 and 3!” More confusion. Another American employee at the our gate took the mic, a young woman. “AH!” I thought. “She obviously knows how to do this.”

No, she didn’t. You know that woman in “Jaws” who sees the shark in the lagoon and shouts “Shark! A shark!” so weakly that I have never been able to figure out why Spielberg cast her? The American lady made THAT woman seem like Ethel Merman by comparison. Her mouth moved, but nothing came out. “What did she say?” “What was that?” Everybody was asking everyone else if they could figure out who was supposed to go next. Then the guy who arrived late started shouting at us!

“We have not called the priority levels or group 1 yet! You are blocking passengers from accessing the gate! Move out of the lane.” From next door: “NOW BOARDING ALL GROUPS!!”

More chaos and confusion. Eventually I moved through to the jetway; I have no idea if they called my group or not. There were four attendants at the gate, an older man checking the boarding passes, the mute, the jerk who shouted at us (Rule: if crowd gets out of control, it’s the crowd controllers who usually are at fault), and a women in a uniform who was standing to the side looking like this was funny to her and otherwise doing nothing. I assumed she was a supervisor…a bad one. So I went up to her, and said, not entirely pleasantly, “This is the most incompetent boarding process I have ever seen. It’s inexcusable.”

She looked at me indignantly and said, in some kind of Hispanic accent, “This is America, sir! If you want to make a complaint, contact management. I’m just an employee,”

Wait..WHAT? Now I have to deal with an arrogant Hispanic American with a chip on her shoulder? Is she going to lecture me on white privilege? “This is America”? What the hell does that have to do with anything? Continue reading →