Sunday Ethics Warm-Up, 11/18/18: “The Show Must Go On” Edition

Here we are.

After a brief recovery Friday the 16th, an early morning seminar for D.C. Bar admittees yesterday crashed me entirely, which is why there were no posts. I almost didn’t make it to the end of the program, which surprised and alarmed me; the last few minutes were excruciating. But I have never cancelled a seminar, and when I do, it will be because my metaphorical chips are about to be cashed. Those who know my theatrical history will recall that I damaged my lungs in college staging and performing a professional dinner theater show six days a week (during final exams)  while I was suffering from a serious bronchitis attack; that I refused to cancel in-door performances of The American Century Theater (RIP) during snow storms, and one out-door performance during an electrical storm. Not being able to do my job and fulfill my responsibilities due to illness or injury absolutely crushes me (like many of my obsessions, this one is partially Dad’s fault: he refused to take sick days), and keeping Ethics Alarms current is the least burdensome of my responsibilities.

Once again, I apologize.

1. More apologies, Arlington High School Dept.: My ill-timed illness is also keeping me away from my 50th high school class reunion. I intended to make it, and wanted to make it: I had a wonderful time in high school, and met many of the best people I have ever known while I was there. Past reunions have been somewhat depressing for me: seeing people I remember vividly as young, vital and full of excitement for the future looking as old as they are and often feeling defeated by life makes me feel old, and the inevitable sad cases who feel he or she has to boast about successes and wonderful kids caused me stress as I barely controlled the urge to tell them off. Nonetheless, I regard attendance at such milestones as an obligation to the past, a demonstration of respect for where we have come from and the people and institutions that got us to where we are. And, of course, the more old friends who attend, the better the experience is for everyone. I wish there was a way to let my classmates know that I still think about them and care about them. This blog isn’t it.

2. Who made bad losers in politics respectable? When public trust in democratic institutions reached some yet-to-be-determined tipping point, a democracy is finished. Once, not too long ago, the tradition in American politics was that the defeated candidate—the office didn’t matter, nor did the margin of victory—conceded the race in a timely fashion, congratulated his or her opponent, and vowed to help and assist the victor as much as possible.  This not only modeled graciousness and good sportsmanship, but also protected the system. Now every election shows this healthy model being further pushed into cultural obscurity, with a new low being established in Georgia last week, when the loser of the governor’s race, Stacey Abrams, blamed her loss on a failure of democracy, refused to officially concede while admitting that she had lost, and announced a lawsuit alleging that Governor-Elect Brian Kemp and Republicans had tampered with the election without offering any proof or evidence. Well, maybe this wasn’t the new low; it would be hard to top Roy Moore.

3. The new Title IX rules. The Education Department finally released new guidance on how  Title IX, the federal statute that forbids sex and gender-based discrimination in public schools and colleges, should be enforced. This was desperately needed after the Obama Administration had muddled and corrupted the process with blatant gender bias and its infamous “Dear Colleague” letter, creating a culture that undermined free expression and due process on college campuses and due process rights for students accused of sexual misconduct. Continue reading →

Ethics Observations On The CNN/Acosta/Press Pass Ruling

From the Washington Post this morning:

Judge Timothy J. Kelly granted CNN’s motion for a temporary restraining order that will prevent the administration from keeping Acosta off White House grounds. The White House revoked the reporter’s press pass last week after a heated exchange between him and President Trump and a brief altercation with a press aide at a news conference. Acosta, CNN’s chief White House correspondent, is the first reporter with a so-called hard pass to be banned. CNN sued President Trump and other White House officials on Tuesday over the revocation. Kelly’s ruling was the first legal skirmish in that lawsuit. It has the immediate effect of sending Acosta back to the White House, pending further arguments and a possible trial. The litigation is in its early stages, and a trial could be months in the future.

Observations:

  • The ruling is a surprise. For me, it calls to mind once again my favorite Clarence Darrow quote, that “In order for there to be enough liberty, it is necessary that there be too much.” Apparently the judge, as courts have in other First Amendment cases, decided to leave a wide margin of safety around a constitutional right rather than interpret it narrowly, even reasonably narrowly.

I understand and sympathize with that instinct, and perhaps it is the right one.

  • Judge Kelly’s opinion  insisted that there be some basic procedural protections, requiring the White House to state clearly the grounds for revoking the clearance.  The Court did not find an express  violation of the First Amendment and Acosta might still be barred from the White House following appropriate due process.  Kelly said his ruling was “limited” and  temporary until a more detailed explanation and sufficient notice by the White House was established. (Not surprisingly, the White House viewed a tweet as notice enough.)
  • So a vague, traditional but unstated standard of not acting like an entitled jackass during a press conference and debating the President rather than asking questions while refusing to yield the floor is not, absent written standards and procedures, enough to get an unprofessional jerk like Jim Acosta banned. Got it.  It would be nice if previously acknowledged standards of basic respect for the office and the relative roles of the professionals involved were enough to avoid this kind of controversy, but apparently not.

Reflect on this episode the next time CNN or a pundit fusses about President Trump “defying established norms.” Continue reading →

Sick-Bed Ethics Warm-Up, 11/14/18: Ethics Among the Sneezes [UPDATED]

Good whatever it is….

1. Bottom line” Don’t trust Facebook. From the Times: “Facebook failed to closely monitor device makers after granting them access to the personal data of hundreds of millions of people, according to a previously unreported disclosure to Congress last month.” Surprised? As with Google promising moths ago that it was no longer reading our mail, then admitting months later that it had resumed the practice, the big tech companies have proven repeatedly that that we cannot believe what they say, or their motives, or their pledges of good will and public service. More from the Times story:

Facebook’s loose oversight of the partnerships was detected by the company’s government-approved privacy monitor in 2013. But it was never revealed to Facebook users, most of whom had not explicitly given the company permission to share their information. Details of those oversight practices were revealed in a letter Facebook sent last month to Senator Ron Wyden, the Oregon Democrat, a privacy advocate and frequent critic of the social media giant.

In the letter, a copy of which Mr. Wyden provided to The New York Times, Facebook wrote that by early 2013 it had entered into data-sharing agreements with seven device makers to provide what it called the “Facebook experience” — custom-built software, typically, that gave those manufacturers’ customers access to Facebook on their phones. Those partnerships, some of which date to at least 2010, fall under a consent decree with the Federal Trade Commission drafted in 2011 and intended to oversee the company’s privacy practices.

Read the whole thing. I just assume that anything I put on Facebook, regardless of the alleged settings,will be sold to or otherwise obtained by potentially malign entities.

2. Just what we need now, a rogue First Lady. First Lady Melania Trump publicly called for the President’s deputy national security adviser, Mira Ricardel, to be fired.  In a word, well, two: Shut up. The felicitous circumstance of marrying someone who is later elected President of the United States confers no expertise or authority. The position of First Lady has no Constitutionally recognized duties, nor does it carry any real power. There is nothing anyone can do to diminish the influence and spouse may have with the President behind closed doors—and that is a problem—but she or the inevitable he must not confuse, confound or otherwise seek to influence affairs of state with public comments and opinions. Why Melania wants Ricardel fired is irrelevant. It’s none of her business.

I just want to point out that I sneezed six times while typing those last four words. Applause, please. Continue reading →

Evening Ethics Leftovers, 11/8/2018: Acosta, Beto, Tucker, And Claire

Good evening…

1.  The Jim Acosta Affair. I suppose my analysis of this hypocritical flap will surprise no one. No White House reporter who behaved as Jim Acosta did at the press conference yesterday would have been defended by his employers or other journalists. Dan Rather (with Nixon) and Sam Donaldson (with Reagan) were rude and confrontational (Funny how the only examples of journalists being disrespectful to Presidents involve Republicans–nah, there’s no mainstream media bias!), but nothing like Acosta was and has been. Imagine a journalist defying President Obama like that! It wouldn’t happen, but as with so much else, the rules are somehow different for President Trump.  This news media’s reporters have decided, consistent with the attitude of progressives and the “resistance,” to withhold even minimum respect and deference to the Presidency as long as Donald Trump occupies the office.

Acosta was not asking questions, but arguing his position with the President. That’s not his job, or his privilege. When the President told him repeatedly “That’s enough,” Acosta did not stop. That, all by itself, justified pulling Acosta’s credentials. The White House was foolish to concentrate on Acosta pushing the intern away. He had crossed the line before that; indeed, he had crossed the line of what the White House should require from a journalist many times before.

If Acosta apologizes to the intern and the President, and promises not to abuse his opportunity to ask questions at press briefings and press conferences, to exhibit a minimal level of respect, then the White House should give him another chance.

Commentators calling Acosta’s punishment a First Amendment violation should be ridiculed for the hypocrites they are. Ann Althouse points out that journalists were up in arms when  Trump’s campaign manager Corey Lewandowski was charged with battery for grabbing Michelle Fields, a reporter. The level of contact in the two cases is similar. “Either both instances of battery matter or neither does. Pick one,” says Ann. But there’s a problem that Ann somehow doesn’t see. She writes, “I found myself thinking that Trump and Acosta are both in control and choosing to do this theater of mutual hate.” Acosta and Trump are not equals, however. Acosta is obligated to give due respect to the President of the United States, but the converse does not apply. Continue reading →

Boy, Will I Ever Want To Rub It In If The Democrats Don’t Take The House…

The Democrats deserve to lose these midterms more than any party has deserved to lose since Republicans got clobbered after Watergate. The corrupt Tom Delay-led GOP Congress during the Bush years was pretty bad, but that was just the elected officials. The whole Democratic Party has disgraced itself along with “the resistance,” the news media, Hollywood, academia and social media  for two full years.

This is hardly a new or original interpretation. Lindsey Graham, as close to an ethical member of Congress as I could name, put it pretty clearly squarely in his perfect rant during the Kavanaugh hearing: these people want power so much they will do and say almost anything. Over the past two years, they have relentlessly engaged in fearmongering, while accusing Trump of fearmongering. They have engaged in intimidation, defiance of democratic traditions and institutions, and rejection of core values that are bulwarks of democracy while accusing Trump of being a fascist. By enlisting the mainstream news media as a partisan ally when it is critical that journalists remain objective and neutral, it has crippled the integrity of a crucial component of what makes a democracy work. Graham accurately described this part of the tragedy as well:

“Well, one of the things we’ll learn from Kavanaugh is how in the tank the media really is for the other side. I don’t think they’re the enemy of the people. They’re just allies of the Democratic Party. If a Republican had done to a Democratic nominee what they did to Kavanaugh, it would be front page news everywhere. If Barack Obama’s jobs numbers were anywhere close to what we’re talking about, they would stop the Earth from rotating to make sure everybody heard about it. So the bottom line is it doesn’t work anymore. MSNBC and NBC have become one when it comes to the news cycle. Saturday Night Live is making fun of a guy who lost his eye in Afghanistan. There is a backlash growing in this country from the over the top effort by the left to portray everything conservative as bad and mean and un-American.

The news media deserves to lose the mid-terms, and imagine where we are when that statement actually makes sense. Continue reading →

Sunday Morning Ethics Warm-Up After The Red Sox Complete An Unprecedented Late Inning Comeback In The World Series HAHAHAHAHA!, 10/28/18: Obama’s “Norms”, Goodbye Apu, #MeToo Hypocrisy, And “Roshomon,” Chicago-Style

Focus, Jack, focus!

1. Not the World Series, ETHICS! And speaking of ethics…

  • What kind of lie is this? Rich Hill, the Dodgers starting pitcher last night who almost unhittable, said in an interview that he “liked” his team’s chances of winning the Series despite being behind 3 games to 1. World Series history and basic math says that the chances are “slim.” He likes the slim chances? Does he really like them? Does he believe liking them means they are more likely to break his way?

Is he just lying to buck up his team and its fans, when he really doesn’t “like” the chances at all, not being, you know, an idiot? Does that make it a “good lie”?

  • The Fox World Series broadcast team of Joe Buck and John Smoltz is incompetent. In a potentially game-changing play in which the Boston catcher’s throw attempting to complete a home-to-first double-play sailed past first, allowing the game’s first run to score, the two alleged experts said that there was no interference. Wrong. There was interference, and it was obvious: Bellinger, the Dodgers runner, was on the infield grass rather than the yard-wide running lane to the right of the baseline, which exists precisely for plays like that, when the catcher needs a lane to throw unimpeded to first base to get the out.  It should have been called runner’s interference, completing a double-play and ending the inning without a run scoring. Instead, the run scored on the errant throw from Boston catcher Vasquez, and the next batter, Yasiel Puig, hit a three-run homer to give L.A. a 4-0 lead. There was no discussion of the rules and issues involved.

But after the game, over at the MLB cable channel, former Yankees manager Joe Girardi and baseball analyst Harold Reynolds graphically illustrated that the interference should have been called. This is what the Fox broadcasters are paid for: to explain the nuances of the rules and the game to the average World Series viewer, whose baseball acumen is rudimentary. The umpires missed the play, even though as Reynold pointed out, it was called many times during the season. Umpires are reluctant to call interference of any kind during the post-season, because it’s messy, and guarantees controversy and an on-field arguments.

  • For an unusual first ball ceremony, former Red Sox-Oakland Hall of Fame pitcher Dennis Eckersley (Now an ace Boston TV color man, known New England-wide as “Eck”) threw a pitch to ex-Dodgers catcher Steve Yeager as Kirk Gibson stood in the batters box. Gibson, you should recall, hit the famous “The Natural” home run off Eckersley to win Game #1 of the 1988 World Series, after limping to the plate as a pinch-hitter in the bottom of the 9th inning. How many ex-players would voluntarily re-enact their worst moment on the field on national TV? Imagine Ralph Branca throwing a ceremonial first pitch to Bobby Thompson.

Eck personifies humility and exemplary sportsmanship.

  • Trump Tweets, Baseball Division. This made me laugh out loud, I have to admit. During the game, the President criticized Dodgers manager Dave Roberts decision to replace Hill with his first baseball tweet:

“It is amazing how a manager takes out a pitcher who is loose & dominating through almost 7 innings, Rich Hill of Dodgers, and brings in nervous reliever(s) who get shellacked. 4 run lead gone. Managers do it all the time, big mistake!”

I wish the President would confine all of his tweeting to second-guessing managers and coaches. It’s obnoxious, but harmless. Dodgers manager Dave Roberts, presented with the tweet during his post-game press conference, handed it ethically and well. Steely-faced, he asked, “The President said that?” and responded, sufficiently respectfully, “I’m happy he was tuning in and watching the game. I don’t know how many Dodgers games he’s watched. I don’t think he was privy to the conversation. That’s one man’s opinion.”  Roberts was referring to the fact that Hill told him that he might be getting fatigued. Nonetheless, lots of people other than the President questioned Robert’s decision.

It is pure hindsight bias, of course, as well as consequentialism. If the Dodger bullpen had held a late-inning  4-run lead as every previous World Series bullpen had, nobody would be criticizing Roberts.

2. The confiscated handicapped van. [Pointer: Michael Ejercito] Andrea Santiago’s $15,000 van with a customized wheelchair lift was confiscated  by the City of Chicago as an abandoned vehicle. She has polio and multiple sclerosis, and the family claims the vehicle was parked legally and obviously not abandoned. This is a Roshomon situation, for the accounts of the city and the family are irreconcilable. Chicago’s Department of Streets & Sanitation sent this statement: Continue reading →

Mid-World Series Hangover Ethics Warm-Up, 10/27/2018: Mike Tyson, Intimacy Coordinators, And The Blackface Teacher Principle

This is how my morning began…

1. To get this out of the way..I watched every  second of every inning on last night’s longest post-season baseball game in history, as any loyal, ethical baseball fan is obligated to do. It was worth it, too, even though my team lost. The game was the sports equivalent of The Odyssey, “War and Peace,” “King Lear,” “The Ring Cycle,” “The Ring Trilogy,” “Nicholas Nickleby” or “The Seven Samurai,” a complex morality and adventure tale that had suspense, disappointment, wonder, exhilaration , humor and tragedy, heroes and villains. Such games reward all of the time and suffering a fan puts into following baseball seriously. It is worth the investment.

Ironically, this epic occurred shorty after the Wall Street Journal published a truly ignorant and idiotic opinion piece called , “Our Insane Ideas to Save Baseball/Baseball has problems. There aren’t enough hits. There are too many pitchers. The games take too long. So we bullpenned our solutions. Are you ready for Strike Four?”

It is a wonderful example of the incompetent variety of criticism I call “Wanting to change what you haven’t taken the time to understand.” I get it: the authors don’t like baseball, and barely pay attention to it., or, in the alternative, they are just seeking clicks. In any event, you can’t argue with people who say that the problem with opera is that it’s too often in a foreign language, or that the problem with hip hop is that it isn’t music, and shouldn’t, or that the problem with our democracy is that people can say things that upset other people. And you shouldn’t argue with them. They don’t respect the topic enough to be educated about it.

2. Of course, baseball games ARE too long, and the overwhelming reason is TV ads, which add about a half hour to every game, and more to post-season games. The disgusting response of Fox is to stick 10 second commercials into a split screen during the game, like between batters. Here’s a slugger walking to the plate in a tense situation, and half the screen is devoted to a quickie plug for “Ralph Breaks The Internet.” I hope fans are burning up social media attacking this greedy new form of broadcast pollution.

3. How is this possible? In a #MeToo Mad era when simply being accused of sexual assault without proof is deemed by even lawyers who should know better as sufficient justification to inflict serious and permanent consequences on the accused, Mike Tyson is the star of an animated TV show, is cast in movies, and is now shopping a TV show, based on the ex-boxer’s life as a marijuana grower and marketer, starring him and called “Rolling With the Punches.” Continue reading →

Ethics Quiz: The Hitler Halloween Costume [UPDATED]

BOO!

From the Las Vegas Review Journal :

An Adolf Hitler costume worn to a community Halloween event in Boulder City by the son of a Clark County teacher raised an uproar that spread far beyond the confines of the “Best City By A Dam Site.” Photos of the costume — consisting of brown pants and leather coat, a red arm band bearing a Nazi-style swastika and a brush mustache — went viral after being posted on social media after the Boulder City Chamber of Commerce-sponsored “Trunk or Treat” event on Saturday.

The reaction was harsh, with commenters’ outrage primarily focused on the child’s mother, identified as Janet Arsanian, and the fact that she is a teacher at Cortney Junior High School.

“Interesting to see a #CCSD teacher pridefully dressing her 13-year-old as Hitler,” wrote one Facebook poster. “These nazi sympathizers are supposed to be educating our kids.”

Wait: dressing your child as a monster or villain demonstrates support for the figure portrayed or his or her habits and conduct? Since when? I dressed up as a pirate in elementary school. Were my parents supporters of piracy? When kids dress up as Dracula, does that mean the parents are blood-suckers? Funny, when kids rang my door bell last year wearing Trump masks, I didn’t think that meant their parents voted for him. Were all those people wearing Nixon masks in the 70s Nixon supporters? I did not know that! Continue reading →

Morning Ethics Warm-Up, 10/23/2018: Cognitive Dissonance Scale Edition

Good Morning, and Go Red Sox!

The cognitive dissonance scale will come in handy today:

1 Cultural incompetence. “First Man,” about the first landing on the Moon, is a bust at the box office, and that result should have been completely predictable to anyone who has any sense at all about U.S. culture. Maybe if Hollywood loses enough money, it will figure out that its role is to celebrate and contribute to U.S. culture and values, not to trash them. The decision to omit the planting of the flag on the moon may have been rationalized as an artistic choice, but it resonated as a tone-deaf (at best) or obnoxious political one. That blurry, stiffened flag on the Moon is certainly one of my most vivid memories of the event—why would any film excise it, unless it was trying to make an anti-patriotic statement? Writes lonely Hollywood conservative critic Christian Toto:

Why did it matter? That moon walk represented a monumental U.S. victory. The moment gave the U.S. a decisive space race blow against the Soviets. Armstrong’s heroism completed President John F. Kennedy’s vow to reach the moon by decade’s end. The flag mattered.

Well, of course. The real question is, how estranged from their own nation and history must the filmmakers be not to know this? The American flag, American achievements, American pride, and patriotism are all high on the CD scale for most citizens and movie-goers except for the most estranged and anti-democratic of our education system’s victims. Openly opposing them drives the messenger down the scale.

(The film’s British co-star, Claire Foy, calling President Trump “the penis of America” in an interview probably didn’t help either.)

2. Translation: “We are really, really stupid, shameless  and desperate!” PETA has launched an anti-milk campaign attempting to link the beverage to white supremacy, tweeting “Cows’ milk has long been a symbol used by white supremacists. One more reason to and blogging,

“Aside from ‘lactose-tolerant’ white supremacists, cow’s milk really is the perfect drink of choice for all (even unwitting) supremacists, since the dairy industry inflicts extreme violence on other living beings. PETA is trying to wake people up to the implications of choosing this white beverage and suggesting that they choose something else pronto.”

Of course, this is just Cognitive Dissonance Scale gaming 101. Democrats and the left-biased news media have tried to use the white supremacy smear to attack President Trump and conservatives, but the scale didn’t get used the way they hoped. Instead of linking the President to racism and dragging his scale ranking down, they linked themselves to dishonest race-baiting and unscrupulous name-calling, both very low on the scale, and dragged themselves down the scale.

Morons.

3. Did Republicans recruit the migrant mob? If they didn’t, they might as well have. A hoard of South Americans openly intending to defy U.S. law and force their way across the boarder, looking for all the world like one of the deadly “herds” of zombies that periodically menace the heroes of “The Walking Dead” and “Fear the Walking Dead” …

could not provide a better illustration of why the progressive position on illegal immigration is nuts, and thus indefensible. It is amusing watching the mainstream media trying to spin the unspinnable: these are people openly planning on defying U.S. sovereignty and law, and they think they can get away with it because of the irresponsible rhetoric of Democrats and shills like David Hogg, who told a college audience that the U.S. is “stolen land” and thus illegal immigration is justified.

Cognitive dissonance scale analysis: Hoards of non-citizens trying to force themselves across our boarders are low on the scale, in deep negative numbers, like zombies. Those who rationalize, justify or support them will be pulled lower on the scale by associating themselves with them. Continue reading →