Etiquette and manners

Ethics Quote Of The Month: Time Op-Ed Writer Bret Stephens

/ Jack Marshall / 11 Comments

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“It’s a compromise that is fatal to liberalism. It reintroduces a concept of blasphemy into the liberal social order. It gives the prospectively insulted a de facto veto over what other people might say. It accustoms the public to an ever-narrower range of permissible speech and acceptable thought. And… it slowly but surely turns writers, editors and publishers into cowards.”

—Bret Stephens, intermittently conservative New York Times columnist, in an op-ed condemning the acceptance of censorship and self-censorship as norms by the modern Left.

Stephens is certainly on a roll lately. His previous column (effectively and accurately) condemning the pet Times race propaganda “1619 Project” for what it is (that is to say, cultural and historical toxic waste) was not his last, as many predicted, and apparently emboldened by his survival, Stephens is determined to “let it all hang out,” as they used to say in the Sixties. Once again, he is attacking his own paper, which has doubled-down in its determination to publish only the news it feels safe to let its readers know about.

It is telling that Stephens’ column was published in tandem this week with another attempt by the Times to hide the utter corruption of the Biden family from the public, at least until the election is over. Above the Stephens piece—also telling—is the poisonous Michelle Goldberg’s screed suggesting that the discovery of Hunter Biden’s incriminating (to both him and his father) laptop is more GOP “collusion.” The Times’ truly despicable headline: “Is the Trump Campaign Colluding With Russia Again?” Note “Again”: the Mueller investigation found no evidence of “collusion” by any American citizen, much less the Trump campaign (to be fair, it didn’t investigate the Clinton campaign’s Russian dealings), and yet the Times allows that lie to lead its Editorial page. Polls show (I know, I know: polls) that over 70% of Democrats still think the President won the election by colluding with Russia, and mainstream media descriptions like this is a main reason. And it’s intentional.

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OK, I Just Have To Do An Afternoon Ethics Potpourri So I Can Write About The Jeffrey Toobin Exposing Himself On Zoom Story…..

/ Jack Marshall / 42 Comments

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I wake up from a nap and have to think about this???

1. Zoom ethics?  I don’t understand this story at all.

The New Yorker suspended legal reporter Jeffrey Toobin because he—wait, WHAT?—exposed himself during a Zoom call last week between members of the staff and WNYC radio.

Huh? Toobin has long been one of Ethics Alarms’ least favorite legal commentators dating back to his excuse-making for Bill Clinton during the Monica madness, but I thought he was just despicably biased, not insane. What’s going on here?

Toobin said in a statement: “I made an embarrassingly stupid mistake, believing I was off-camera. I apologize to my wife, family, friends and co-workers. I believed I was not visible on Zoom. I thought no one on the Zoom call could see me. I thought I had muted the Zoom video.”.

See you doing what, and why??? Was it a bathroom Zoom call? The New Yorker says: “Jeffrey Toobin has been suspended while we investigate the matter.” What’s there to investigate? If he exposed himself accidentally, it’s a Zoom mistake, and it should have been ignored and forgotten, because Zoom is evil. EVIL!!!! On the other hand—okay, bad choice of metaphors—If he whipped it out and ran around the room on camera singing “My Ding-a-Ling,” Toobin needs to be hospitalized.

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Weekend Ethics Update, 10/18/20: As The Election Nears…Seeking Contrast And Perspective

/ Jack Marshall / 22 Comments

  1. Ethics movie alert. Its heart is true blue—this is an Aaron Sorkin film, after all—but “The Trial of the Chicago Seven,” now on Netflix, is excellent, as well as must-watching for the astounding number of Americans under 40—50? 60?—who know almost nothing about the previous period of liberal arrogance, political incompetence and institutional failure, the late Sixties. The cast is excellent and star-studded; whoever came up with the idea of casting Sasha Baron Cohen as Abbie Hoffman should win a casting Oscar, for example. For me, the movie brought back memories sharp and grim: what a shitstorm that trial was. Frank Langella, whom I just watched in his remarkable performance as Richard Nixon more more than a decade ago in “Frost/Nixon,” is a memorable if unsympathetic Judge Julian Hoffman. Hoffman, I think, deserves better: like Judge Ito, Hoffman never had a chance to avoid judicial infamy once that trial became a circus, and that bwas something no judge on Earth could have stopped.

Then there is the frightening reality that the Chicago Seven (and Bobby Seale made Eight), who seemed like fringe-y, juvenile extremists at the time, look moderate and reasonable in comparison to today’s antifa, Black Lives Matter followers, and…dare I say it? … a nearly critical mass of Democrats.

2. Speaking of which…Senator Diane Feinstein is under attack from that nearly critical mass for indulging in traditional professional civility and bi-partisan responsibility by not pushing the recently completed hearings on the nomination of Amy Coney Barrett nomination to turn into a hyper-partisan fiasco, like the Kavanaugh hearings. She even praised her Republican counterpart, Senator Graham, for doing a good job (it wasn’t that good a job) in chairing the hearings, unlike, to just pick an example out of the murky past, the job Senator Joe Biden did during the infamous Clarence Thomas hearings. Feinstein is nearly 90, and should not be in the Senate at that age just as the unjustly sainted Justice Ginsburg should not have been on the Supreme Court long enough to die in office. Nonetheless, she is trying to hold the line against forces in her own party that would make peaceful and functioning Democracy impossible.

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Gotcha! Ethics: Senate Democrats’ Obnoxious “Preference” For Political Correctness Over Substance, As Miriam-Webster Reveals Its Integrity Deficit

/ Jack Marshall / 19 Comments

And they’re coming around the turn in the 2020 Asshole of the Year Derby! Senator Hirono is making her move! Here she comes out of the pack! It’s going to be a photo finish!

At Tuesday’s confirmation hearings for Supreme Court nominee Amy Coney Barrett, Sen. Dianne Feinstein (D–Calif.) asked Barrett if she would roll back protections for LGBT citizens. Barrett responded that she “never discriminated on the basis of sexual preference and would not discriminate on the basis of sexual preference.” Hawaii’s Senator Mazie Hirono then accused Barrett of using “outdated and offensive” terminology. (Later, so did Senator Cory Booker, who said Barrett was implying by the term that being gay was a choice and not an immutable characteristic.)

“Sexual preference … is used by anti-LGBTQ activists to suggest that sexual orientation is a choice,” the Democratic scold intoned.  “It is not. Sexual orientation is a key part of a person’s identity. If it is your view that sexual orientation is merely a preference, as you noted, then the LGTBQ should be rightly concerned whether you would uphold their constitutional right to marry.”

Barrett was forced into apologizing, insisting  that this was not her intention. I say “forced,” because when you are in a confirmation hearing and the vote is going to be a squeaker, you can’t say, as she justifiably could have, “Really Senator? You’re dictating politically correct words and language now? It was quite clear what I meant, and that kind of phrase policing is a cheap shot. You should be ashamed of yourself.”

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A “When Ethics Alarms Don’t Ring” Anniversary Retrospective: The Cancellation Of Charlie Rich

/ Jack Marshall / 13 Comments

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I wasn’t paying attention in 1975 when this episode occurred: it was a big year for me. I graduated from law school, took the bar, moved back to Massachusetts and then back to D.C. Most of all, the Red Sox went to the World Series and I had prime seats to see Carlton Fisk hit his immortal homer in the 12th inning of Game 6, waving the ball fair, but barely. The Country Music Awards (CMAs) were nowhere on my radar. They still aren’t: there isn’t a sock drawer in America I wouldn’t rather color-code that watch that show. But on October 13, 1975, 45 years ago to the day, an ethics drama unfolded with many lessons.

Charlie Rich, the soulful country music singer they called the Silver Fox (Even I had heard “Behind Closed Doors”) had been voted Entertainer of the Year by the Country Music Association of America one year earlier, and thus was chosen to  announce that year’s winner of the CMA’s greatest honor at the televised 1975 show.  He opened the envelope, appeared to read the name on the slip of paper,  and instead of announcing it, Rich reached into his pocket, took out a cigarette lighter and set the slip on fire.  While the paper burned, he finally announced that the winner was “my friend Mr. John Denver” Denver was only available to accept the awards via satellite linkup, so he made his acceptance speech with no knowledge of Rich’s gesture.

The audience was horrified, and many country music fans—and obviously John Denver fans— were furious. Charlie Rich was blacklisted from the CMA awards show for the rest of his career. His popularity crashed: from that moment until the end of his career in 1992, Rich had only one more #1 hit in those years, though a couple of songs reached #3 on the country charts. By any standard, his career after flaming John Denver was greatly diminished. Denver, universally regarded as a nice guy, was seen as the victim of a jerk. (The “my friend” seemed like a particularly nasty touch.)

What was going on here? The assumption was that Rich was taking a stand for country traditionalists against pop music turf invaders like Denver and Olivia Newton-John, who had won the Most Promising Female Vocalist award in 1973.  To this day, some even see his uncivil attack on Denver as courageous. The Saving Country Music blog opined in 2013:

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Columbus Day Ethics Voyage, 10/12/2020: Portland And Washington, Which, Had Chris Known His Discovery Would Lead To Such Dens Of Madness, Might Have Caused Him To Turn Back

/ Jack Marshall / 8 Comments

When you see me a day off like this, please understand that it is a direct result of the new, mandated, stupid WordPress system making it literally impossible to complete a post on my laptop. (Having a newly rescued, affection starved  large dog desperately needing to climb onto your lap doesn’t help either.) Once the office is closed for the night, getting back up there to complete a post is nigh impossible, not to mention domestically perilous, if you get my drift.

1. In Ethics, we call now this kind of problem “Portland”… Portland software company New Relic is roiled with a controversy over CEO Lew Cirne’s donations to a private Christian school that excludes gay students and opposes gay rights and to a controversial evangelist Cirne’s wife is a contributor to President Donald Trump’s reelection campaign. Can’t have that!

The aggrieved employees say Cirne’s personal values are not consistent with the “message of inclusion”n the company claims to represent. They see his wife’s donations to the President of the United States as also antithetical to the company’s stated values.

One New Relic employee told the media, “That is deeply concerning to me, especially to someone who is queer. I don’t feel like those diversity and inclusion initiatives are real or will be protective of me,” and says the company lured her into a false sense of security with its diversity pledges, pulling a bait and switch.

I advise Cirne to make this statement as soon as possible. No charge for my advice, and I recommend it, as an ethicist, to any company executive who encounters similar criticism:

“Our company does not mandate particular political opinions or social views among its employees. In the United States, we are blessed with freedom of expression, association, speech and religion. It is literally none of our business. As long as employees confine their conduct to company policies and values while doing their job, they have met all of their obligations to the company.

Similarly, executives of this company have those same rights, and will exercise them as they see fit. It is none of anyone’s business in this company how the company’s leadership or their family members choose to direct their charitable donations or devote their private time. Employees who cannot meet these fair and essential requirements are invited to seek employment elsewhere.

In addition, any employee, at any level of the corporation, who presumed to criticize another employee’s family members for their personal political or charitable activities is subject to firing for cause.”

[Pointer: Matthew B]

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From The “Nah, There’s No Mainstream Media Bias!” Files…White Male Conservative Smirk Bad, Black Female Democrat Smirk Good!

/ Jack Marshall / 9 Comments

The definition of a “smirk”, I see as I peruse several dictionary definitions, is a condescending, smug, conceited or silly smile, universally regarded as obnoxious, rude and annoying. Thus the expression caught in an instant on the face of a teenage Catholic school student as a Native American activist intentionally confronted him, blocked his way and banged his drum within inches of his face was deemed by multiple commentators and pundits from progressive news organizations—that is to say, news organizations—to make the kid’s face “punchable.”

Examination of the video revealed that Nick Sandmann was not, in fact, smirking at all, but smiling awkwardly because human beings don’t have appropriate expressions pre-programmed for “old Indian jerk starts chanting and beating a drum in your face without any discernible reason when you have no clear avenue of escape.”

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Morning Ethics Warm-Up, 10/8/20: In Which I Am At A Loss For Words

/ Jack Marshall / 37 Comments

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1 As predicted, the police shooting of a black teenager with a semi-automatic weapon resulted in a new round of riots, this time in Wauwatosa, Wisconsin because the officer involved was not indicted for 1) being a police officer, and  2) having to shoot a an African American who 3) resisted arrest. Of course.

Riots are unethical. Demonstrating against responsible and fact-based law-enforcement decisions whether to prosecute is unethical. Creating a culture in which it is presumed that enforcing the law against a particular race is racist is unethical. This is all what one political party, just one of two, is supporting, rather than clearly condemning. That too is unethical.

And supporting such a party is unethical, as well is ignorant.

While I was typing this, an ad, not “approved by Donald Trump,” featured a woman being terrorized in her car by a mob, and noted that the Biden-Harris ticket would try to disarm citizens while “defunding the police.” “Vote Against Biden-Harris to keep safe” the ad concluded.

I think that’s entirely fair.

2. I did not watch the Pence-Harris debate, and I may not even review the video or the transcript. There should be nothing left to learn about Harris at this point, after watching her giggling, incompetent performances in the Democratic candidates’ debates. I assume she made numerous counter-factual assertions, and I assume the best she could do was to level pre-scripted ad hominem attacks on the President to pander to the Trump Deranged Democratic base. I assume no one asked her about the apparent hypocrisy of her enthusiastic alliance with a serial sexual harasser and the object of a rape accusation when she savaged a nominated Supreme Court Justice based on far less. I assume no one will ask how she defends the open decision to base the critical choice of who stands “a heartbeat from the Presidency” on nothing, literally nothing, but skin color and gender, resulting in Harris  being chosen despite no relevant experience and clear rejection by voters in the primaries. And I assume the Vice-President was stolid, professional and boring, as he always is, thus sparking comparisons with the President’s uncivil, un-Presidential but wholly Trump-like performance in the first Presidential debate.

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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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Of Intent, Offense, And Uncivil Parrots

/ Jack Marshall / 14 Comments

The Lincolnshire Wildlife Centre in Great Britain has a problem, or thinks it does. Billy, Eric, Tyson, Jade and Elsie, gray parrots all,  joined  to zoological park’s  flock of 200 gray parrots in August, and quickly proved to be a bad influence.  All five have a penchant for telling visitors to “fuck off,” and one reportedly has called a zoo manager a “fat twat.”  Zookeepers believe the five  were encouraging each other to be potty-beaks, and risked turning the entire group of gray parrots into little feathered versions of Bill Maher.

Can’t have that. The zoo is separating Billy, Eric, Tyson, Jade and Elsie for being  bad influences on each other and threatening to corrupt the other parrots.

This episode has special resonance with me. In 1988, I had just joined the staff of The Association of Trial Lawyers (now called, to the group’s great shame, The Association for Justice because a consultant found that people don’t like trial lawyers) to run its various profit centers. Almost immediately, I found myself in Maui overseeing the group’s winter convention at the Ka’anapali Beach Hyatt in Lahaina. That sounds nice, but my convention manager was in the process of going nuts, and I was tasked with minimizing the damage when, among other things, she locked herself in our convention headquarters weeping and screaming.

I had other responsibilities as well, including dealing with rebellious exhibitors and moderating various meetings at which virtually no members were attending, given the lure of the warm breezes and Hawaiian surf. On the day ATLA’s new Executive Director screamed at me for not being able to talk my convention manager out of her fortress of solitude, and the exhibitors ambushed me at a meeting and called me a Nazi, I was walking, disconsolate and exhausted, from a meeting room back to the exhibit hall in the late afternoon. As I walked past a large, colorful macaw in a cage, I heard a voice say, “Fuck you!” I remember freezing, turning around, and staring at the bird. “Really?” I said. “Really? That’s just what I needed to hear today.” Continue reading →