Etiquette and manners

Morning Ethics Warm-Up, 1/10/2019: Rabbits, Time Lords, Elephants And Fools

/ Jack Marshall / 38 Comments

Good morning.

This a reluctant warm-up, and I was tempted not to create distractions from the previous post, which is important, especially so because there is a near complete media embargo on what the Times did. Has anyone seen a mention of it anywhere besides here and in the conservative media? I haven’t. Yet a more convincing example of  what the news media has become could not be imagined, and the public has the right to know. I want people to be outraged about this. I want people to shake the story in the face of their biased journalism-defending friends. I want to see the cowards who fled the discussions here accusing me of bias return and explain how this could happen innocently, or try to justify it, or continue to insist that there is no organized effort to destroy the Trump Presidency and with it our democratic institutions.

I admit it: this episode makes me as angry as I am disgusted and worried.

1. In a lighter vein, on the topic of life competence…In  Yala National Park in Sri Lanka, a 41-year-old man was reportedly trying to impress other tourists by getting out of his car (which is illegal) and attempting to hypnotize an elephant. The man’s name has not been released, but now they call him Matt, because the unimpressed elephant trampled him flat. Now watch them blame the elephant. Says Professor Turley, who found this story, ” some at the scene suggested that alcohol may have played a role.”

Ya think?

What is the ethical response to someone who gets himself killed like this?

2. It looks like we have at least two ethically-challenged new Congresswomen...Rep. Tlaib of “impeach the motherfucker fame” unreeled a combination of Authentic Frontier Gibberish (AFG) AND ethical ignorance as she continued to dig her hole following the outburst. Tlaib told CNN on this week that she’s “very unapologetically me” [Rationalization #41 A. Popeye’s Excuse, or “I am what I am.”] and her constituents “are kind of used to my realness, used to this passion that I have” [Excuse me a second…Gag! Uck! Gack! Yecch! Ptuii!…This is #44, The Unethical Precedent, or “It’s Not The First Time.”

“And I know for many people, it did — it did get the best of me at that moment and for many people it might have been very much a distraction…”what I want to do is not allow women like myself that have every right to be angry and upset and mad and to curse — that somehow they’re not allowed to do it in some sort of public forum.”

Ah! She’s an idiot. Women and everyone else have a right to be vulgar, uncivil, insulting, obscene, undignified and generally rude in public. The fact that they have the right to act badly doesn’t mean it is right. Most relatively educated 12-year-olds understand this, and Tlaib, who is in Congress, doesn’t. Continue reading →

Ethics Alarms Reader Poll: Will The SCOTUS Decision on “Fuct” Be Unanimous?

/ Jack Marshall / 24 Comments

It should be. It’s amazing to me that this issue has to take up the time of the Supreme Court, it’s so obvious.

Last week, the U.S. Supreme Court agreed to review that case of Iancu v. Brunetti, and decide whether the Lanham’s Act’s ban on “immoral” and “scandalous” trademarks violates the First Amendment. The U.S. Patent and Trademark Office had refused to register a trademark for a line of clothing called “FUCT,” reasoning that “FUCT is the past tense” of a vulgar word and is “therefore scandalous,” a federal appeals court said. The U.S. Court of Appeals for the Federal Circuit had struck down the ban on scandalous and immoral trademarks in December 2017,  but clothing designer and artist Erik Brunetti had agreed that the Supreme Court should hear the case even though he had won.  The cert petitions are here and here.

The Supreme Court struck down another provision of the Lanham Act in June 2017,  when it held that the ban on “disparaging” trademarks violated the First Amendment. The case, Matal v. Tam, was filed by an Asian-American rock band that wanted to trademark the name the Slants. The vote was 8-0 because Justice Neil M. Gorsuch did not participate in the decision. That decision also squashed efforts begun by Democrats and the Obama Administration to force the Washington Redskins to give up their “offensive” team nickname. The team’s trademarks had been cancelled in 2014 following complaints from “offended” non-football fans and a small minority of Native Americans. Justice Samuel Alito wrote for the Court,”It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”  The opinion rejected the government’s argument that protected trademarks become a form of government, rather than private, speech. Continue reading →

Ethics Dunce: New York Rep. Alexandria Ocasio-Cortez

/ Jack Marshall / 49 Comments

I anticipate a whole bushel of these awards in the next two years, since the young, callow, naive and broadly ignorant “new face of the Democratic Party” possesses the unfortunate combination of a non-stop mouth,  poor education, certitude of her own brilliance, a seal-clapping rookery of blindly fawning supporters who swoon at any of her doctrinaire pronouncements, and a Mainstream media that hasn’t yet figured out that publishing her every word is doing Ocasio-Cortez no favors.

This example could stand as a template for an Ethics Dunce- mandating performance. Showing that she has the back of her equally cocky and clueless colleague, freshman Congress woman Michigan Rep. Rashida Tlaib, lately infamous for gleefully crowing, “We’re going to impeach the motherfucker!” to a “resistance” crowd after she was sworn in, Ocasio-Cortez tweeted,

“Republican hypocrisy at its finest: saying that Trump admitting to sexual assault on tape is just ‘locker room talk,’ but scandalizing themselves into faux-outrage when my sis says a curse word in a bar. GOP lost entitlement to policing women’s behavior a long time ago. Next.”

This is both unethical and cretinous. Let us count the ways: Continue reading →

Morning Ethics Warm-Up, 1/2/2019: A Drunken City Council President, A Head-Exploding Political Charity, NBC’s Strange Welcome To The New Year, And Facebook Calls Reality “Hate Speech”

/ Jack Marshall / 18 Comments

Good Morning!

1. First candidate for “Incompetent Elected Official Of 2019”! The Troy New York City Council president got drunk and then went behind the wheel to chased another motorist at high speeds for nearly 30 miles last week . State police arrested Carmella R. Mantello, 53, after troopers received a call from a terrified driver who told dispatchers that some crazy person was tailgating him and driving erratically. When troopers  pulled Mantello over, she denied following the man and claimed he was following her—interesting, since  troopers stopped her when she was behind the complaining motorist. She also refused to take a breathalizer test.

Later, Mantello  issued this statement:

“I understand the severity of my actions and take full responsibility. I apologize to my family, friends and constituents and am deeply sorry that I let you down,” she said. “I expect more from myself. Finally, I would like to personally thank the New York State Troopers for their professionalism in this matter and the service they render every day to keep our communities safe.”

The best way for her to honor professionalism and keep communities safe is to resign immediately.

Oh—I assumed that Mantello was a Democrat, since the news story didn’t mention her party affiliation. Nope! She’s a Republican.

2. You ain’t seen nothin’ yet!—get a load of THIS! Also, KABOOM! My head just exploded. Some ethics stories don’t need any analysis; they are res ipsa loquitur. I generally don’t devote pots stories when the despicable conduct is so obvious, but this one needs to be widely disseminated. From the New York Post: Continue reading →

Comment Of The Day: “Sunday Ethics Warm-Up, 12/30/2018: A Petition, A Career-Killing Joke, And Priestley’s Play” [Item #4]

/ Jack Marshall / 21 Comments

P.M.Lawrence, who comments from Australia, often flagging what he views as American biases and misconceptions, jumps ahead in the line of waiting Comments of the Day with this brief note. It raises an issue that I have thought about often in the past, and argued about with friends and others. What is the ethical obligation of Americans to use foreign spellings of proper names when writing about places and things for domestic readers? The particular example at hand was my using “Labor Party” to label the British organization which calls itself “the Labour Party.”

I’ll have a rebuttal after P.M.s Comment on the post, Sunday Ethics Warm-Up, 12/30/2018: A Petition, A Career-Killing Joke, And Priestley’s Play , and am very interested in what others think.

A minor point: the original spelling of proper names should be used out of respect, even if that is different from your own usage of the words involved. Just as it would be wrong to write “National Inquirer”, so also it is wrong to write “Labor” when writing of the (British) “Labour Party” – even though it is right to write “Australian Labor Party”, for the very same reasons. It gets trickier with groups like our Australian DLP (“Democratic Labour Party”) that have chopped and changed over time; I incline towards using whichever spelling was in place at the time of the reference being cited.

This is all part of the Rectification of Names.

Continue reading →

The Transgender Secret: Was I Right Then, Or Am I Right Now?

/ Jack Marshall / 34 Comments

I recently wrote here that I have been pleasantly surprised when looking back on old posts to find that I am almost always in agreement with them. Naturally, I have immmediately been confronted with an issue where I now question Past Jack’s verdict.

Ebony has a “confession’ article—it may be fake, but the issue isn’t—by a trans woman who writes in part regarding her husband,

We were months into dating and contemplating sex before it ever occurred to me that Carlos might need to know… It was wrong, but I chose to keep the secret rather than risk losing him. Now, four years later, Carlos and I are happy and madly in love! It has been a roller coaster, but we couldn’t be happier. But it’s this happiness that is causing me such pain because Carlos feels that it is time to add to our happy family. He is excited to be a father and his face lights up at the very thought. So how do I break his heart? How do I tell him that all of our trying has been in vain because, despite my best efforts to be the person I always felt I was, I’m still not who he thinks I am?

My answer: Suck it up and tell him the truth. Maybe have him watch “The Crying Game” a few times. The relationship has already been built on a material lie, and now adding to the dishonesty by concocting a reason why children are not an option just damages the relationship further.

I do think that transgendered individuals have a difficult choice regarding the timing of this revelation as they enter a relationship, but that’s a different issue (There’s a poll on that one coming up.)

In 2012, however, I did post following an Emily Yoffe advice column (“Dear Prudence”) , and came to the opposite conclusion, in contrast to Yoffe. Then I wrote, Continue reading →

Christmas Questions For A Thoroughly Confused Culture

/ Jack Marshall / 32 Comments

In “A Christmas Kiss,” the 2011 Hallmark-style Christmas movie (that premiered on the Ion channel, but really would have been right at home on the Hallmark channel, or for that matter, the Crap Channel), Wendy Walton is an aspiring interior designer. One night, while preparing to go out with her roommates in glitter makeup,  she encounters an impossibly handsome, formally-dressed stranger in the elevator. When the elevator stalls and seems unstable, Wendy is thrown into the stranger’s arms….or perhaps grabs him for support, or in fear.  The elevator starts moving again, and he impulsively embraces her and gives  her a passionate, romantic kiss.  They part without her learning his name, and Wendy breathlessly tells her roommates about her magical encounter with the handsome stranger.

2018 questions:

1 Was the kiss sexual assault? Wendy did not consent to it. Continue reading →

Ethics Quiz: Pronouns

/ Jack Marshall / 24 Comments

 

(Why am I up writing at this hour? All I will say is that its is unwise to frustrate a Jack Russell Terrier. That’s all.)

Peter Vlaming, a high school teacher in West Point Virginia, refused to use the pronouns demanded by 9th grade student who had announced that she was a female transitioning to male, was fired this week.  The West Point School Board fired him after a four-hour hearing, and its position was that Vlaming was fired for insubordination.

Some news reports on the matter fail to note that there was no allegation that the  West Point High School French teacher insisted on referring to the student using female pronouns in class. Apparently he used her name only. No, he apparently slipped when when the student was about to run into a wall, and Vlaming told others to stop “her.” When discussing the incident with administrators, Vlaming said he would not use male pronouns, because  his Christian faith prevented him from doing so.

Principal Jonathan Hochman testified that he ordered  Vlaming to use male pronouns in accordance with the student’s wishes. Vlaming’s attorney, Shawn Voyles, says his client offered to use the student’s name and to avoid feminine pronouns, but Voyles says the school was unwilling to accept the compromise.

“That discrimination then leads to creating a hostile learning environment. And the student had expressed that. The parent had expressed that,” said West Point schools Superintendent Laura Abel. “They felt disrespected.” Although the school’s  policies were updated a year ago to include guidance regarding gender identity,  gender pronoun use was not included. Vlaming’s attorney argues that the school cannot require his clients to speak words that violate his conscience. This is undeniably true. Vlaming says he is being fired for for having views held by “most of the world for most of human history. That is not tolerance,” Vlaming said. “That is coercion.”

He has not decided on his next steps.

Yikes. I do not see how speaking words that are not blasphemy can qualify as a breach of faith. I do not see how calling a student by name rather than pronoun can be called discrimination or create a “hostile environment.” I do see how a teacher calling an apparently female student by male pronouns could confuse other students, suggest that gender is more flexible than it is healthy to believe, and be something parents could legitimately object to. I think that the First Amendment pretty clearly prevents a government institution like a school from demanding that a teacher use specific pronouns simply because a student wants him to do so, when using the opposite pronouns are still arguably accurate and the teacher is willing to use the student’s name only.

I think that’s sufficient background to ask this perplexing Ethics Alarms Ethics Quiz question of the day:

Was it ethical for the teacher to refuse to use the student’s preferred pronouns in referring to that student?

One More Reason Not To Watch “Bull”

/ Jack Marshall / 14 Comments

Harassed and harasser. Guess who stayed employed?

“Bull,” the CBS legal drama starring Michael Weatherly as a roguish, brilliant jury consultant who violates so many ethics rules on behalf of the submissive lawyer who employs him that it actively makes viewers dumber, reached my boycott list almost immediately. It’s a shame, because I could get a lively post, sometimes several, out of virtually any episode, since the show’s respect for ethics, professional and otherwise is non-existent.

Now there’s another good reason to avoid “Bull.” CBS has investigators checking the depth and length of the cultural norms of sexual assault, harassment and cover-ups at CBS, where CEO Les Moonves was recently fired after it was revealed that he was a serial sexual predator. That was odd, too, because the other networks enjoyed painting Fox News as a den of sexism after founder Roger Aisles was exposed as exactly the sort of pig who would make his female talent dye their hair blonde and dress like cocktail hostesses. They also had their news reporters sneering and preaching about evil Candidate Trump boasting about “grabbing them by the pussy” while their execs and stars were actually doing it. (My guess? Every one of the major networks has corrupt, harassment-supporting cultures like Fox and CBS. Every single one.) One of the revelations was that actress Eliza Dushku, the bad vampire slayer on “Buffy,” was harassed repeatedly by “Bull” star Michael Weatherly, and when she complained about it, was fired. To cover-up, Dushku was paid nine million dollars as damages and hush money. As you know, this must have been a campaign financing violation.

The story is disgusting. Read it and retch. to summarize, Weatherly, who apparently is very much like the charming jerks he plays, pet making sexual comments to Dushku, calling her “Legs” on the set, suggesting that she participate in “threesomes” and similar comments. Soon other men on the show were doing the same. Dushku, who had been signed up play a continuing role on the show, complained—as she should have—and Weatherly had her fired. Then CBS paid to cover it up.

Nice.

It is amazing to me that even in the ethics cesspool of show business, this behavior continues to happen, and big corporations continue to allow it, indeed facilitate it. Weatherly says he was misunderstood, that he was joking—like when he said in front of the cast and crew that he would bend her over his leg and spank her, or when he said he would take . Dushku to his “rape van,” which he said was filled with phallic objects and lubricant—that this is just the way he is, that he didn’t mean anything by it and is sorry that he upset anybody.

Bull.

This is classic sexual harassment, and would have been rude, unprofessional and abusive conduct before the term “sexual harassment” was invented.

I have had many female peers and subordinates in my embarrassingly diverse career, including many who were single, attractive, and who caused my heart to skip a beat every time I saw them. I never once made a sexually suggestive comment to any of them; it would not have occurred to me to do so. The reason is that I was raised properly to be respectful to women, and because I instinctively understood that the workplace, even the confusing workplace of show business, was not a locus where basic manners and common sense were suspended. This shouldn’t be hard. That particular ethics alarm should be installed and fully functional by the time a child is 10.

Weatherly, of course, as the star of a successful, popular and lucrative show, assumed that he was immune from discipline, and he was, sadly, right. What should have happened was that the producers should have called him in to grim scene with lawyers present. He should have been told that his conduct was not only stupid and vulgar but illegal. He should have been required to apologize to the actress and to make an appropriate statement to the cast and crew. Finally, he should have been told that a single instance of this kind of conduct, or any hint or retaliation against Dushku, would result in his dismissal for cause.

Disney and ABC, you will recall, fired Roseanne Barr from her own show for a single tweet. Even a CBS show had acted decisively when “Criminal Minds” fired star Thomas Gibson for kicking a writer. Ah, but one instance was racism, and the other was violence. The tragedy is that too many organizations and powerful men, especially in Hollywood and Washington, D.C., still don’t see sexual harassment as all that big a deal. No, it certainly doesn’t help the the President of the United States also doesn’t think it’s a big deal, but you can’t blame CBS’s conduct on him.

There is no excuse for this. There was never any excuse for this.

Morning Ethics Warm-Up, 12/13/2018: The All-Segue Edition

/ Jack Marshall / 25 Comments

Good Morning!

(Though any day that begins with the legal gossip scandal-sheet website Above the Law sending me a “media inquiry” as they dig for dirt is not a good day.)

1. In brief. Well I have now received the appellant’s brief in a certain lingering law suit regarding Ethics Alarms. What fun. Anyone who wants to read it is welcome; those who have dealt with pro se submissions will immediately recognize the syndrome, lawyers may be amused, and non-lawyers may be edified. I expect to knock out the reply brief today, which won’t have to be more than a few pages. It’s not like I have better things to do or anything…

2. Speaking of cases that should have been thrown out of court…Reason reports:

In June, an Oakland County sheriff’s deputy pulled Dejuante Franklin over in front of a gas station for a traffic violation. While handing Franklin his ticket, NWA’s “Fuck tha Police” began to play in the background. As it turns out, James Webb, who did not know Franklin, witnessed the stop. He decided on his own accord to turn the song up louder before walking into the gas station store. When he exited, the officer slapped him with a ticket for misdemeanor noise violation, citing that Webb played the song at an “extremely high volume.”

It took 9 minutes of deliberation for a jury to bring in a verdict of  not guilty. This was an obvious attempted end-around the First Amendment by the officer, and the judge shouldn’t have let it get to a jury at all.

3. And speaking of abusing First Amendment rights…as well as “A Nation of Assholes,” MSNBC’s “Morning Joe’s” co-host and wife-to-be (don’t get me started on THAT) Mika Brzezinski,  called Secretary of State Mike Pompeo a “butt-boy” during yesterday’s show.  Why not? After all, CBS lets its on-air personalities call the President a “cock-holster.” Mika wouldn’t have had her filters down, of course, if the culture around MSNBC wasn’t rife with such hate, but she realized mid-show that this wasn’t exactly professional or civil news reporting, and babbled an apology. Too late!

An ethical, professional news station would suspend her, but this is MSNBC, and there are no ethical, professional news stations.

4. Meanwhile, speaking of media bias and unprofessional reporting...A New York Times “fact check” on the contentious meeting among Trump, Pence, Pelosi and Schumer had this amusing note:

“Mr. Trump has long charged that Democrats want open borders, slinging accusations at a higher clip in the waning days of the midterm elections campaign in November. Democrats do not want open borders, evidenced in part by border security legislation that Democrats have supported. What Democrats do not want is Mr. Trump’s costly border wall.”

Oh, that’s a fact, is it? No, Democrats, at least a great many of them, DO want open borders, evidenced in part by their wilful refusal to distinguish between illegal immigrants and legal immigrants, their insistence on signalling through their support for “Dreamers” that bringing children across the border illegally is a virtuous act, their position that illegal immigrants should be allowed to stay in the U.S. as longs as they don’t break any more laws, their constant demonization of necessary border enforcement efforts, and their proposals to abolish ICE. Continue reading →