Etiquette and manners

On The Way To Bali, An Unethical Conduct Cascade

/ Jack Marshall / 10 Comments

One unethical act often opens the floodgates to many, in in unexpected, and unexpectable ways. An ethics alarm failure triggers another, then another. But who would expect that an extramarital affair would cause a passenger plane to have to make an emergency landing, for example?

All the moe reason to keep those alarms in working order.

The distaff side of a couple on the way to a vacation in Bali on a Qatar Airways flight apparently had reason to be suspicious of her husband, so when he fell asleep, she oh-so-carefully  manipulated his snoozing thumb to unlock his smartphone with its print, and did some snooping.

Ah HA! The bastard had been cheating on her!

So calmly, maturely, she began screaming and beating on her dastardly spouse so violently that the pilot had to divert the flight and land.

Cascade re-cap:

  • Triggering unethical act: Marital infidelity.

1 to 10 Betrayal of Trust Scale score, with 1 being a forgivable lie and 10 being treason, I rate this an 8.

  • Secondary unethical act: Appropriating the body of another while he is incapacitated, and doing so to invade his privacy. (No credit for discovering above triggering unethical act.. That’s consequentialism: the result of an act cannot retroactively justify the act.)

Betrayal of Trust Scale score: 6

  • Culminating unethical act: Physical violence on a plane endangering innocent passengers, forcing the plane to land, inconveniencing many.

I don’t have a scale for that.

But it was the most unethical of all.

What a fun couple!

Contrarian Ethics And Ann Althouse

/ Jack Marshall / 16 Comments

Ann Althouse, the now retired law professor and increasingly active bloggress, is a habitual contrarian. That’s why she is such an interesting and politically unpredictable commentator, and why, though generally left of center by instinct, she so often ends up on the opposite side from the news media. Being a contrarian can be a useful tactic for ethicists too: it provides a bias filter. Since lawyers like Ann are trained to be able to argue both sides of any argument with equal fervor and persuasiveness, picking a position you disagree with and arguing for it anyway is a wonderful way to change your own mind, or to find lines of reasoning that might never have appeared otherwise.

It can be a trap, too, especially in the blogging biz. Having an opinion that isn’t already everywhere on the web makes a blog interesting, attracts comments, and leads to increased traffic and links. Especially in areas where one doesn’t have strong opinions, the tendency to disagree with the obvious or popular opinion becomes its own bias, and undermines trust and integrity. I have my own contrarian streak (I inherited it from my father), and I have to watch it carefully. It is not ethical (it’s unkind) to say or write things primarily because you mostly want to make people’s heads explode. I’ve done it a few times on Ethics Alarms.

This is where I have seen Althouse trending, and here is a recent example. Continue reading →

A Kevin Spacey Update, The Sexual Harassment Feeding Frenzy, And A Guide To Sexual Harassers In The Workplace

/ Jack Marshall / 52 Comments

This photo seemed appropriate somehow…

Kevin Spacey, it is now fair to say, has been a habitual sexual harasser.

We did not know that when Anthony Rapp made his accusation against the actor in a Buzzfeed interview. I would be very interested in knowing whether Rapp knew that. The posts here (this, and this) began with the assumption that Rapp’s motivations were as he stated them, and he did not say or suggest that Spacey was, like Harvey Weinstein, an active predator.

But in the ensuing days,  the pattern typical of accused harassers who really are harassers has emerged regarding Spacey. Other alleged victims came forward with their accounts.  Next  the employees on Spacey’s hit Netflix series “House of Cards” expanded the narrative…from CNNMoney:

Spacey made the set of Netflix’s “House of Cards” into a “toxic” work environment through a pattern of sexual harassment, eight people who currently work on the show or worked on it in the past tell CNN. One former employee told CNN that Spacey sexually assaulted him.

That, as they say, is the ball game for Spacey. He has even followed the hackneyed script for so many celebrities caught in misconduct: he’s getting “treatment.” Well, he doesn’t have many options. His show has been cancelled; his agency has dropped him. Spacey is very talented, but it will take him a long, long time to even partially recover from this, if he can.

I am going to write this anyway even though it won’t register on most people: the fact that Spacey turned out to be a lot more than a guy who got drunk and treated a 14-year old actor inappropriately at a party three decades ago doesn’t retroactively make the way Rapp’s ambush accusation fair or right. If he knew that Spacey was a present day harasser and made the accusation to break the dam, that’s something else, but again, he didn’t suggest that.

I’d guess that he’ll say that now, whether it is true or not.

Since Spacey was accused, several other celebrities, including Dustin Hoffman, have been fingered. The latest development is that several female members of Congress have said that they have been sexually harassed by their male colleagues, and of that I have no doubts whatsoever. Nonetheless, we are still in the witch hunt yellow zone, creeping into the red.

Here is part of a cautionary LA Times op-ed  by Cathy Young:

The fallout from the Harvey Weinstein scandals and the ripples from the “#MeToo” movement are having indubitably positive effects — above all, exposing and bringing to account predators who have enjoyed impunity due to their power and status. But there are some pitfalls. Many people — not just men with skeletons in the closet — fear that careers may be destroyed over minor misconduct and ambiguous transgressions. Troubling rhetoric abounds, condemning all sexually tinged dynamics in the workplace, stereotyping men as abusers and women as perpetual victims in need of quasi-Victorian protections.…Concerns that the post-Weinstein climate may lead to witch hunts against any man who flirts with a female colleague have been met with angry comments along the lines of “flirting in the workplace IS HARASSMENT.” A tweet by singer/songwriter Marian Call that got more than 2,000 retweets and nearly 6,500 “likes” asked, “dudes are you aware how happy women would be if strangers & coworkers never ‘flirted’ with us again … this is the world we want.”

But is it? It’s certainly not the world I want: Except in college, nearly every man I have ever dated was either a co-worker or, once I switched entirely to free-lancing, someone I met through work. This is not unusual, even in the age of dating websites and apps.

This has always been the aspect of sexual harassment law that renders it inherently unfair and to many, incomprehensible. In many cases the exact same conduct is harassment if unwelcome, and successful mating strategy if welcome.  Don’t bite my head off, but this was what Donal Trump was alluding to in his repulsive conversation with Billy Bush. He was claiming  that women like being sexually assaulted by the rich and powerful. In many cases, he may be right. Legally, when he’s right, it may not be sexual harassment. Ethically, it is still wrong. If the women feels compelled not to object to the sexual overtures because of an inequality of power, it is very wrong, and illegal. Continue reading →

Ethics Quote Of The Week, And A Few Related Diversions

/ Jack Marshall / 34 Comments

My son is named after this President, incidentally.

The quote itself is by Ron Chernow, the historian who authored the recent well-reviewed biography of out 18th President, “Grant,”  “Hamilton,” the biography that inspired, we are told, the mega-hit musical. and “Washington” (won’t somebody send a copy to the fools at Christ Church?) was given to an interviewer as his description of another book, the Philip Roth’s historical novel  “The Plot Against America”:

[A] democracy can be corrupted, not by big, blaring events, but by a slow, insidious, almost imperceptible process, like carbon monoxide seeping in under the door.

Some random thoughts on this statement, which I believe is exactly right, and a lot more interesting than the more frequently used analogy about boiling a frog slowly:

  • Grant, as Chernow’s book (among others of recent vintage) documents, was present at one of those points when democracy seemed to be in the process of being poisoned, and acted forcefully.

By 1868, when Grant was elected to succeed Andrew Johnson, who had done everything he could to allow the South to resist extending civil rights to the newly freed slaves, the KKK had evolved into a powerful terrorist organization that referred to itself as  “The Invisible Empire of the South.” Under the  Klan’s first  “Grand Wizard,” the brilliant former Confederate cavalry general  Nathan Bedford Forrest, whites from all classes of Southern society joined the Klan’s ranks. They attacked and punished newly freed blacks for crimes like  behaving in an “impudent manner” toward whites, brutalized the teachers of  schools for black children, and burned schoolhouses. It also terrorized and often murdered Republican party leaders those who voted for Reconstruction policies.  In Kansas over 2,000 murders were committed as the 1868 election approached; in Louisiana, a thousand blacks were killed in the same period.

Grant entered office knowing that the Civil War victory could come apart. He made some bad appointments–Grant was naive about politics and trusted too easily—but his choice as Attorney General, Amos T. Akerman, was masterful. With Grant’s support, and the with the help of the newly created Justice Department under Grant, he vigorously worked to enforce the Fifteenth Amendment, which gave the vote to black men in every state, and the First Reconstruction Act of 1867, which placed tough restrictions on the South and closely regulated the formation of their new state governments. Between 1870 and 1871, the Republican Congress passed and Grant signed into law the Enforcement Acts, which made it a crime to interfere with registration, voting, officeholding, or jury service by blacks. Congress also passed the Ku Klux Klan Act, which allowed the government to act against terrorist organizations.

  • When I was growing up and becoming interested in the Presidents, a life-long passion that led me to both law and ethics, Grant was routinely listed as one of the worst in the line. All one heard from historians was about the financial scandals that rocked his administration. Grant’s great success in subduing the Klan was literally never mentioned. The main Presidential historian then was Arthur Schlesinger Jr., a member of Jack Kennedy’s inner circle. His job as he saw it was to minimize the contributions of any Republican President, like Teddy Roosevelt (“near great” in his rankings), Eisenhower (“below average”) and Grant (“failure’). Meanwhile, Woodrow Wilson, who dragged the U.S, into the first World War, botched the Versailles Treaty and who actively revived the Klan, being a stone-cold racist, was “great.” Naturally, I believed all of his distortions, which were largely those of the historians at the time, then, as now, often partisans and propagandists. It took me a while to realize that this had been my first encounter with the Left attempting to alter present perception by controlling the past.

That is one of the major sources of Chernow’s carbon monoxide today, except that the disinformation now emanates from the schools, colleges, and the news media. Continue reading →

Abashed Morning Ethics Warm-Up, 10/28/17 [Updated]

/ Jack Marshall / 35 Comments

Good Morning!

1 Following a day in which various exigencies and responsibilities, plus fatigue and distraction, caused me to whiff on getting up at least three posts I thought were worthy of consideration, yesterday I failed to get any up at all. This makes me very unhappy, and I apologize. A fly-in, fly-out assignment in New York City had me up early and back late, whereupon I had my son’s birthday to acknowledge, the World Series to scrutinize and some aching feet to attend to. Priorities can’t be ignored, and being able to recognize when something you want to do and are devoted to doing just cannot be done well in the time allowed is a matter of life competence. Yet I hate failing loyal readers who care about ethics issues and rely on Ethics Alarms to explore them, and feel negligent when this occurs…fortunately, not very often.

Still too often, however.

2. The emergence of Hollywood director James Toback as a serial sexual harasser (at least) had me preparing a post about why theatrical directors are especially prone to this conduct. The gist of it was that in college, where participation in theater is often more social than aesthetic, directors forming romantic relationships with their cast members is neither taboo nor typically exploitative. Similarly, in community theater such relationships are not unusual or unethical, unless they interfere with a director’s artistic duties: casting an inferior performer because she’s your girl friend or because you want her to be is per se unethical. These are the cultures that produce many directors, and they enter professional theater, and later films, with bad habits that cannot be tolerated or continued in a professional context. Similarly, performers also come out of that culture. It may be difficult for some of them to comprehend that what is arguably acceptable in amateur settings is becomes unconscionable in a professional one.

However, this cannot explain Toback’s conduct. An astounding 200 plus women now say they were harassed or assaulted by him, and the list filled up in less than week. Compared to Toback, Harvey Weinstein and Bill Cosby seem restrained.

Actress Selma Blair, for example, says her agent arranged for her to meet Toback for a possible role in one of his films after her career had begun with promise. Blair says the meeting was scheduled at a hotel restaurant, but  when she arrived the hostess told her that Toback wanted to meet in his hotel room. There, Toback asked her to perform a monologue nude, directed her to have sex with him, and said he would not let her leave until he “had release.” Then the actress says, he simulated sexual intercourse on her leg. 

I begin my sexual harassment seminars by stating that the problem is one of ethics. If you have respect for human beings regardless of gender, if you are fair to people you interact with, if you are caring toward them and obey the Golden Rule, if you apply the three basic ethics alarms checks (“Does this seem right? Could I tell my mother about this? Would I want this on the front page of my local newspaper?”), then you won’t be a harasser. But I can’t begin to explain how someone reaches the point of depravity and utter contempt for women that he would behave the way Blair describes Toback behaving. This is, to understate it, uncivilized. Was he raised by wolves? I suspect even wolves would be horrified by his behavior. My father never had to sit me down at 13 and say, “Jack, it’s time for a talk. It’s never right to simulate sexual intercourse on a woman’s leg when she has come to interview for a job.” I didn’t need to be told this. Who needs to be told this who isn’t already a dangerous sociopath?

Somehow, the culture of Hollywood devolved to such a state that abuse of power and women became a social norm, and even conventionally acculturated adults had their values erased and replaced. That is the only way the Tobacks and Weinsteins could come to exist. That culture is now too sick and entrenched to be wiped clean by a few scandals. It is going to take a long time to change it, if indeed it can be changed. Continue reading →

Morning Ethics Warm-Up, 10/26/2017: Witch Hunts, A Missing Witch Message, A Too-Gleeful Dodger, Racially Offensive Breakfast Cereal…[UPDATED]

/ Jack Marshall / 67 Comments

Good Morning!

1 Sigh. Driving home from Maryland via the Capital Beltway for the first time in many years, I saw the white and gold spires of the D. C. Mormon Temple (above), a local landmark, rising in the distance, and remembered that an an upcoming overpass had long been famous for the inspired bit of graffiti scrawled on it decades ago, perfectly placed to compliment the fantastic structure. It read “SURRENDER DOROTHY!,” in script, for decades.  I don’t know when it was painted over, but it’s gone now.

Why would they do that? It was a part of area lore, it was clever, and it was always good for a smile. Some humorless bureaucrat decided to make the world a little less fun for no good reason. Of such small, heartless gestures is life drained of joy, drop by drop.

2.  Last night, in the 11th inning of a memorable, back and forth World Series Game Two between the Astros and the Dodgers,  Charlie Culberson of Los Angeles hit a two out home run to narrow the score from 7-5 Astros to 7-6. Nonetheless, Culberson’s team was one out away from losing a game they appeared to have in the bag when they were leading 3-1 in the 9th. (Indeed, the Dodgers did lose after the next batter struck out.) Despite his team’s plight, Culberson celebrated his home run like he had just won the game, or at least tied it. He screamed, he raised his hands, he high-fived everyone in sight. Joe Buck on the Fox broadcast speculated that Culberson might have had the score wrong, and believed that his home run tied the game.

No, said Culberson. He knew the score. “I never would have imagined hitting a home run in the World Series, and I did that. I pointed to my parents in the stands and pointing to my wife,” Culberson explained. “I was just having fun out there, nothing more than that.”

Except you’re not supposed to be having fun when your team is facing a devastating loss, Joe. That was bad form, bad taste, selfish, and obnoxious. The Fox cameras even caught a Dodger coach in the dugout turning around, disgusted , and saying to the still ebullient Culberson, “Come on!”

3. 

That’s Ellen Degeneris ogling Katy Perry’s breasts.  Ellen is gay, as we all know. Explain to me why this conduct is funny, acceptable and harmless, but a male heterosexual behaving similarly, for exactly the same reason, would be sexual harassment. You have 30 seconds…

Time! What’s your answer!

Continue reading →

Why Ethics Alarms Don’t Ring: The Gloucester PTO’s “Don Trump” Gravestone

/ Jack Marshall / 20 Comments

In Gloucester, Massachusetts last week, the parent-teacher organization hosted a Halloween themed fundraiser at West Parish Elementary School.   One of the parents was thoughtful enough to bring a bean bag toss game that featured fake tombstones. One of them had the familiar name “Don Trump” on it. Hilarious! And so clever…

Surprisingly, at least to the thoughtful parents and the host who didn’t have the sense to say, “Cute! But you know we can’t display that…”, not everyone present, even in the Bluer than Blue Bay State of my birth, revels in the thought of the President of the United States dying in office.  Several  parents took photos of the fun game, and sent them to Massachusetts Republican Party committeewoman Amanda Orlando Kesterson, who shared one of the them on Facebook along with a searing post, which read in part,

“I find it absolutely despicable that the PTO of one of our local elementary schools would bring this political agenda before our children. The parents or teachers responsible for this disgusting display should claim responsibility publicly and apologize publicly as well. … We should teach our children that the office of the president ALWAYS deserves respect. Our school system is not the place for nasty political agendas.”

One question that puzzles me: did they object to the fundraiser organizers before sending the photos? That would be the ethical course. There’s nothing wrong with ring those ethics alarms by hand if they are stuck.

After the controversy erupted into the news media, the school principal, Dr. Telena Imel, apologized in a letter to parents, saying

“Intentionally or not, it inappropriately brought a political agenda into what was designed to be a fun family affair. Our school, and this includes school events sponsored by related groups, is not the place for politics. In planning future events, it will be made clear to organizers that school is not the place to engage in or to display political agendas or opinions.”

Oh, I think it’s fair to conclude that it was intentional.

The parents responsible for the  game  apologized, as did Gloucester’s mayor, who said in a statement, “The City of Gloucester does not condone political messaging within our schools.”

There is no other way to describe this incident except as a mass ethics alarms malfunction, one that is overwhelmingly afflicting Democrats. (Okay, one more question: Did any Democratic-leaning parents see what was wrong with the Dead Donald reference?) I am old enough to remember the assassination of Jack Kennedy, a Massachusetts native son. I can’t imagine anyone in my state not recoiling at any hint of a casual or satirical reference to another President’s death, even Nixon, and Mass was the only state that voted for George McGovern.

We almost had another assassination  when two crazy women took shots at Gerald Ford, and then one more near miss, when a sick Jodie Foster fan somehow thought killing Ronald Reagan would entrance her. When did this ethics alarm get broken, and how? The gravestone of the current President being presented as an appropriate Halloween decoration in an event with children present? Hosted by a parent-teacher organization? No alarms? Not even faint ringing? In Massachusetts, where everyone once knew “Abraham, Martin and John” by heart?

The alarms didn’t ring in part because teachers began thinking that indoctrinating children in their own political views became accepted practice during the Bush administration, as schools started showing Al Gore’s climate change agitprop in class. The Bush administration wasn’t behind the trend, but the Obama administration encouraged it, especially during the Post Sandy Hook anti-gun freak-out. Teachers were punishing kids for finger guns and biting pizza and pop tarts into pistol shapes even before that.

Still, the “It’s not good citizenship to joke about killing the President” alarm was functioning even if the “Don’t indoctrinate kids in partisan politics” clapper had been covered in bubble-wrap. Then the nation’s voters had the audacity to reject an awful, corrupt and dishonest Democratic Party candidate whose campaign had included calling anyone who opposed her a sexist, and anyone who voted for her opponent as “deplorable,” as well as promising that she carry on the policies of that wonderful President who had so thoroughly divided the nation in eight years that someone like Donald Trump—well, not just like him, but him— had been nominated to run against her. Suddenly the very same people who had lectured Trump and Trump supporters about how in the U.S., after an election, no matter how contentious, good citizens always put down their placards and unite behind the winner, validating and honoring American democracy and the wisdom of the people and our system of selecting leaders, did a back somersault reminiscent of Nadia Comanici her prime, and declared, in demonstrations and boycotts and calls for various means of undoing the election,  that this President didn’t deserve that deference and respect.

Then various voices in the party made vague and not so vague references to how nice it would be if someone “took out” the President. (That’s Maxine Waters’ term.) After the Charlottesville riots, Missouri state Sen. Maria Chappelle-Nadal—I wonder what party she belongs to?–went on her personal Facebook and said to a commenter, “I hope Trump is assassinated!”

The main pro-Trump death chorus, however, came from that saintly community that is always doing yeoman service as the culture’s moral exemplar, the entertainment business—you know, where Harvey Weinstein and the cool, beautiful, progressive people hang out. Madonna told an audience, “Yes, I’m angry. Yes, I am outraged. Yes, I have thought an awful lot about blowing up the White House. But I know this won’t change anything. We cannot fall into despair.” Johnny Depp told another throng, “This is going to be in the press and it’ll be horrible. But I like that you are all a part of it. When was the last time an actor assassinated a President?” Rapper Snoop Dogg remixed  “Lavender” by Canadian band BadBadNotGood adding a clown-clad version of President Trump called Ronald Klump, and showed him being  shot with a toy gun.

Last summer, New York’s acclaimed Public Theater staged a version of William Shakespeare’s ” Julius Caesar” in  Central Park with the crowd-pleasing gimmick of portraying Julius Caesar as a Trump clone. The audience cheered as he was assassinated in an on-stage blood bath. And, lest we forget, there was this:

All in good fun, of course!

Thus are once functioning ethics alarms silenced.

Now read the comments to Ms Kesterson’s Facebook post.

Morning Ethics Warm-Up, 10/22/2017: My Unfair College Admission, U. Penn’s Bigoted Grad Student, Fox News Imitates The Weinstein Company, And THIS Is An Unethical Lawyer…

/ Jack Marshall / 89 Comments

Good Morning!

1 Yesterday’s ethics  bombshell was the news that Fox News extended its contract with star bloviator Bill O’Reilly earlier this year, knowing that he had agreed to a $32 million settlement with a woman who accused him of  repeated harassment, a non-consensual sexual relationship, and other offenses. Nonetheless, it decided  it decided to sign him a four-year, $25 million a year, contract extension. The New York Times scoop reported that Rupert Murdoch and his sons,  decided that it was worth it to keep O’Reilly even as Fox News was trying to recover after having to fire Roger Ailes for multiple sexual harassment claims. Fox added to the O’Reilly’s extension a clause that allowed for his dismissal if new allegations of harassment or other relevant information came out regarding the previous accusations.

Boy, am I glad that I didn’t lift my personal Fox New boycott after O’Reilly left.

This is unconscionable conduct by Fox, equal in its slimy ethics void to what the Weinstein Group did when it acknowledged its founders sexual predator proclivities in his contract. Fox News, by keeping O’Reilly knowing that he had harassed its employees (and worse),

  • demonstrated to its staff that it cared more about ratings and profits than principles and the safety of its female employees and guests
  • sent the message that if you were a big enough cheese at Fox you can get away with abusing women
  • proved that the sick and sexist culture nurtured by Roger Ailes from the beginning was still flourishing.

Ugh. But I can’t say I’m surprised. [Mr Kimble (Alvy Moore) on Green Acres: ” I can’t say I’m surprised. Actually, I can say I’m surprised. I’m surprised! But I’m not surprised.”]

How many other companies tolerate sexual harassers in their executive offices outside of Hollywood? A lot.

O’Reilly, demonstrating again that he is a liar as well as as a sexual predator, absolutely denies that he ever harassed anyone. He needs better lawyers, then. Harvey Weinstein paid off an actress he raped for just $100,000, and poor Bill had to fork over 32 million bucks for something he didn’t do!

2. This morning’s “Wait—WHAT?” ethics headline is this one, from the ABA News: “Lawyer who blamed ethics case on mother can’t discharge $500K in student debt, federal judge rules.”

Illinois lawyer Donald Rosen argued that his three-year license suspension for misappropriating over $85,000 in client funds made it impossible to find appropriate work and so should be allowed to discharge his $500,000 student debt. (How did he end up with a $500,000 student debt?). ‘Uh, no,’ ruled U.S. District Judge Rebecca Pallmeyer, perhaps because Rosen had paid only about $11,000 in student debt over the previous 37 years.

Why did Rosen blame Mom? He claims his 82-year-old mother, who worked at his firm, inadvertently used client funds to pay business expenses.  Rosen said his mother was embarrassed by her actions and falsified bank statements to cover it up. Then, Rosen says, he innocently provided those fake bank statements to police and the hearing board considering the ethics case against him.

3. How can this happen? Why is it happening? Who defends this? How long will it continue? Continue reading →

Morning Ethics Warm-Up, 10/21/17: Fake Bravery, Mysterious Hate Speech, Vindictive Ex-Presidents, And The Trans Fold-Out

/ Jack Marshall / 20 Comments

I confess: I miss New England…

Good Morning.

Thank God it’s Saturday.

1 The definition of “courage” being used to describe some of the late-to-the-party revelations of Harvey Weinstein’s victims is more than a bit off.  For example, Academy Award  winner Lupita Nyong’o’s op-ed, in which she talked about her own harassment by Weinstein, was hailed by Kerry Washington, Ellen DeGeneris and others, including singer Janelle Monae, who wrote, “My hero. Thank you for your bravery. Thank you for using your voice.”

Bravery? Nyong’o’s piece could be fairly described as kicking a dead horse when he’s down. There is no danger to Nyong’o now in joining the throng accusing and exposing Weinstein, whose head is on a metaphorical pike in Hollywood. Indeed, claiming victimhood now acquires sympathy and declares that one is joining one’s peers in a virtuous quest. There is nothing wrong with her op-ed or the fact that she wrote it, but it isn’t brave. It would have been brave if she had written it while Weinstein had power…and was still using that power to intimidate and exploit actresses

2.  A recent quiz in the New York Times threw some light, or maybe ice water, on the concept of “hate speech.” The quiz asked Times readers to judge whether a statement was hate speech, and contrasted the results with Facebook’s hate speech policy, and the kind of statement would be removed from the social media platform as violating its standards. Facebook defines hate speech as:

  1. An attack, such as a degrading generalization or slur.
  2. Targeting a “protected category” of people, including one based on sex, race, ethnicity, religious affiliation, national origin, sexual orientation, gender identity, and serious disability or disease.

Here were the samples; Times readers were asked to vote yes or no to the question, “Would this statement meet Facebook’s criteria for hate speech?”

A. “Why do Indians always smell like curry?! They stink!”

B. “Poor black people should still sit at the back of the bus.”

C. “White men are assholes.”

D. “Keep ‘trans’ men out of girls bathrooms!”

E. “Female sports reporters need to be hit in the head with hockey pucks.”

F. I’ll never trust a Muslim immigrant… they’re all thieves and robbers.”

The Answers:

A. Facebook: Hate speech. Times readers: 75% yes, 25% no.

B. Facebook: Not hate speech. Times readers: 92% yes, 8% no.

C. Facebook: Hate speech. Times readers: 48% yes, 52% no.

D. Facebook: It depends on the context. Times readers: 57% yes, 43% no.

E. Facebook: Not hate speech. Times readers: 80% yes, 20% no.

F. Facebook: Not hate speech. Times readers: 91% yes, 9% no.

Ethics Alarms: the concept of hate speech is a dangerous, intentionally vague, manufactured category of speech pointing to restrictions of free expression. There is hateful speech, insulting speech, bigoted speech, biased speech, cruel speech, uncivil speech and rude speech, but all of it is still protected speech.

The tell is C. Times readers only voted that one statement wasn’t hate speech, the one that denigrated all white men. Of course they did. By Facebook standards, that vote is hate speech. I think.

Facebook can ban whatever speech it chooses, of course. The fact that it engages in this kind of vague, inconsistent, bias-laden censorship, however, tells us how much we should trust it: Not at all.

3. Speaking of bias, the Trump-haters in the news media—which is to say, the news media—were thrilled that both Barack Obama and George W. Bush delivered, on the same day, statements that were taken as rebukes to President Trump without mentioning him by name. Both Presidents were treading in serious hypocrisy mine fields, and neither were called on it sufficiently. Bush spoke of “fading confidence” in free markets: Gee, who was President when insufficiently regulated capitalists crashed the world economy? Obama, even more cynically, pointed to social, racial and economic schisms after his eight years of aggravating and exploiting them. Both Bush and Obama—and for them, this is a despicable ethics foul—conflated illegal immigration with immigration, to the seal-flipper applause of the open-border crowd.

The significance of these dual attacks is less than it appears. Bothex-POTUSes are motivated by personal animus and as well as personal bias. President Trump is doing an excellent job, as promised, of erasing Obama’s few substantive achievements and policy initiatives from the record, and he has only been at it for less than a year. Are you a a successful President if the primary lasting effect of your administration is reversal of progress in racial reconciliation? Obama’s enmity is predictable, but hardly based on objective consideration. Bush’s attack is even less so.  Candidate Trump’s attacks on President Bush’s brother were nasty and personal; the entire family has made no secret of the fact that it won’t forget, and hates the President’s guts/

The real ethics lesson, as well as a practical policy lesson is that being gratuitously mean to people isn’t just unethical, it is incompetent for a leader. This is one more area where the President shows a self-destructive lack of control and prudence as well as a flat learning curve. At a recent event, Paul Ryan, another target of Trump’s personal insults, mocked the President. John McCain has clearly decided that he will do whatever he can to undermine him until his last breath. Not only do the various public figures Trump needlessly insults and attacks occasionally have the opportunity to strike back in substantive ways, they also have supporters who will side with them even when those strikes are unfair or petty.

Deliberately making enemies is an example of life incompetence. It is so for a librarian or a short-order cook; it is even more so for a leader. It just makes it harder for you to do your job.

Why would you do that?

4. And now that Hugh Heffner is dead, Playboy is trying to make him roll over in his grave by announcing that it will have its first transgender Playmate.

Is this Ick, or ethics? Presumably, if the magazine has any integrity at all, Playboy chooses its Playmates according to their aesthetic qualities, not their medical history. These are women. Stipulated: French model Ines Rau is a woman, now.  Why is her selection focusing on how she got to be one?

Well, it’s obvious, isn’t it? Rau wasn’t chosen because she is a beautiful woman, though I am not saying that she isn’t. She was chosen because she is transgender, and beautiful enough. This was affirmative action. Reports say she is honored. Why isn’t she insulted? If President Obama told Sonia Sotomayor that she was being nominated as a Supreme Court Justice not because she is especially qualified, but because she is Hispanic, would Sotomayor have been pleased?

Rau is being exploited, as Playboy treats the transgender social issue as a fad, to sell magazines and get publicity. Predictably, many of Playboy’s readers are objecting for the wrong reasons: they are bigots. Playboy’s social media response is telling: “Standing on the right side of history.” This is, as Ethics Alarms has pointed out before, a facile dodge and a rationalization. “We’re on the right side of history” is weak variation of the Number 1 rationalization on the list, “Everybody does it.” It means “Everybody’s going to do it, just you wait and see.”

Color me dubious. Heterosexual men who buy girlie magazines are going to find transgender women more beautiful and sexually arousing because they once were biologically male?

Sure, Playboy. Whatever you say.

Morning Ethics Warm-Up, 10/8/2017: TV Comics, Law Deans, Sports And California…Everything Is Seemingly Spinning Out Of Control!

/ Jack Marshall / 85 Comments

Good Morning!

On the day that the Boston Red Sox will begin their stunning comeback against the Houston Astros …

 

1 Speaking of baseball, a poll shows that the NFL fell from the most popular major sport in the nation last year to the least favorite last month, while baseball regained its traditional but usually treated as fictional “National Pastime” status. The NFL also dragged down the popularity of college football. Not all of this can be blamed on Colin Kaepernick, Black Lives Matters, and incoherent protests that aren’t against the National Anthem, well, maybe its third verse, but take place during the National Anthem, well, because. Ethics Alarms isn’t the only voice that has declared football to be callous and barbaric, now that the game’s unavoidable concussions are being shown to cause a deadly brain disease. Too many helmeted heroes beat their spouses and lovers, and commit felonies. The biggest star in the NFL, Tom Brady, is a smug, cheating jerk. It never helps when the President of the United States, even one like Trump, attacks an institution from the bully pulpit. Still, the timing certainly suggest that the NFL’s botched handling of The Knee is the catalyst for its current nosedive in popularity. Just think how many brains will be saved if this is permanent.

Meanwhile,  Major League Baseball is benefiting from staying true to its traditional national role of unifying the country rather than dividing it. No on-field protests mar the National Anthem. The sport is entertainment, celebrating American themes like individualism, the triumph of the underdog, and grace under pressure. In 1942, FDR urged Major League Baseball to keep playing, even though the remaining players were unfit for military service, leaving the teams stocked with older players and a collection of misfits, like Pete Gray, the one-armed outfielder.  After Baseball Commissioner Judge Kenesaw Mountain Landis wrote President Roosevelt in January, FDR replied with this letter the same day:

It is not, however, in the best interest of the country to keep the NFL “going.” Continue reading →