Comedian and actress Kathy Griffin has reportedly been interviewed by the U.S. Secret Service for more than an hour. The investigation is connected to a recent photograph which showed her holding the bloody head of Donald Trump.
Griffin’s attorney contends that the actress was just exercising her constitutional rights.
“She basically exercised her First Amendment rights to tell a joke,” Dmitry Gorin, a criminal defense attorney representing Griffin said. “When you look at everything in the media, all the times entertainers make videos or express themselves in other ways, you’ve never seen an entertainer, let alone a comedian, be subject to a criminal investigation.”
Ugh.
Griffin’s attorney doesn’t have to “contend” that she was “exercising her constitutional right” of free speech, she was exercising that right—-irresponsibly, recklessly, unethically, stupidly, hatefully, but she was still exercising it. There is no question that her disgusting photo was inappropriate and pure hate posing as humor, but never mind: people choosing to be hateful and irresponsible in their public speech should expect consequences, but not from the feds. Of course it chills freedom of expression for Griffin to be subjected to this kind of secret police-style grilling. It is a matter of public record that she is a comedian. It is a matter of public record that she is a professional jerk. Thus it is a matter of public record that she is a no threat to the President….just to a civil culture and good taste. Continue reading →
1. I’ve always had ethical problems with parole hearings, and thanks to a link sent by Ethics Scout Fred, I really have ethics problems with parole hearings. This story, from New Hampshire public radio, portrays an unprofessional and chaotic process in which parole boards, made up of officials without training or guidelines, insult, bully and deride prisoners to get the answers they want. A sample:
“While they may review cases beforehand, the parole board has only about 15 minutes to speak with people convicted of charges including sex offenses, drug crimes, and domestic violence before deciding if they can live safely outside prison walls. Members receive no training and appointment requires no prerequisite experience. Most of the time, inmates who meet minimum requirements are granted parole.”
Great.
2. Crime naturally makes me think of Chicago, where, it is reported, the wise city managers, led by Mayor Rahm Emanuel (D) are installing a system that requires public high school students to show that they have plans for the future before obtaining their diploma. In order to graduate, students will have to demonstrate that they’ve secured a job or received a letter of acceptance to college, a trade apprenticeship, a gap year program or the military The Washington Post reports. Emanuel’s plan, approved by the Board of Education in late May, makes Chicago’s the first big-city system to make post-graduation plans a requirement.
“We are going to help kids have a plan, because they’re going to need it to succeed,” Emanuel told the Post. “You cannot have kids think that 12th grade is done.”
Oh, why don’t we just enlist the kids in the Social Justice Youth Corps, give them uniforms and some good progressive indoctrination, and be done with it? This is such an egregious abuse of power and autonomy, as well as parental authority, that the fact that it got a single vote indicates that the culture’s values are coming apart. I’m going to list five things that are unethical about this plan, and invite readers to some up with the doubtlessly large number of others that I missed because its early and the shock of this story fried half of mu brain:
It’s dishonest grandstanding. How are they going to enforce the “plan”? Will Chicago’s Plan Police keep tabs on graduates? Will students who don’t follow the plan be captured and thrown back into high school?
It is unfair, coercive. unconscionably narrow. What if a student’s plan is to continue her education by taking a year off and touring the world? What if the student plans on training for the Olympics, or a bodybuilding championship?
What if she wants to go to New York City and audition for shows?
The measure demonstrates myopic disregard for the original, the eccentric, the creative, the bold, the dreamer, the non-conformist and the individualist
But then individualists make poor sheep, right?
It is totalitarian. It is none of the government’s business what a student chooses to do after graduation, or when that student decides to it. Here was my plan, fully backed by my parents: spend as much time figuring out what I want to do with my life as it took.
I’m still figuring.
It is arrogant. It is disrespectful. It is presumptuous. It is an invasion of parental authority. It is probably unconstitutional. It is wrong.
The tweet above from the President as he doubled down on his unusually stupid attack tweets against Joe and Mika got me thinking. He’s not entirely wrong. Trump is the first President to use social media personally and for candid statements and observations, bypassing the news media, and almost all of the previous Presidents had no choice in the matter. Fourth of July weekend always gets me thinking about the Founders, and the Founders get me musing about the Presidents, and I found myself playing this mind game: Which of our Presidents, had they has access to Twitter, would have used it in a Trumpian manner?
I should clarify some issues at the outset. None of the Presidents would have used Twitter in a stupid, juvenile and boorish manner like President Trump, because none of them were that stupid, juvenile and boorish. (On the other hand, none of their critics, being comparatively responsible and sane, would have argued that stupid, juvenile and boorish tweets were justification to remove the previous 44, as Keith Olbermann thinks.) By using Twitter in a Trumpian manner, I mean using it…
..Personally…
…for the purpose of by-passing the news media and White House spokespersons…
…in order to make declarations of intent, emotions or satisfaction, or
…communicate directly with the public.in an unfiltered manner.
One other caveat: Trump would definitely be establishing new Presidential norms were his tweets less obnoxious and embarrassing. By the time his term(s) are over, he mat have given Presidential tweeting such a bad reputation that no future POTUS will dare use Twitter for fear of being compared to the Mad Tweeter of 1600 Pennsylvania Ave.
All right, on to the inquiry!
Which of our previous Presidents would have used twitter in one or more of the ways Trump uses it. based on what we know of their character and leadership styles?
1. “He was right, dead right, as he sped along, but he’s just as dead as if he were wrong.” This was a refrain (from an actual epitaph) my Dad used to recite to hammer the principle into my head: being right is often not enough. I wonder if Chris Christie ever heard it? The Governor of New Jersey is vacationing with his family at a state beach he closed to the public , along with all state parks, as a result of a budget stand-off with the legislature. Technically and legally, he has every right to do this, since governors of the state have the use of a residence on that beach, and the detail that watches it when the Governor is in residence is not affected by the government shut-down. Christie, in his trademark blunt manner, has responded to criticism by saying, in essence, “I’m governor and you’re not.” He’s right that he’s not taking a special privilege by using his residence when the beach is closed to the public. He’s right that he has no alternative to closing government services when the legislature doesn’t meet the statutory mandate for approving a budget. It doesn’t matter: he also has a duty to preserve trust in the government and democracy. His vacation in a place that he’s made off-limits to the public, no matter what the justification, has the appearance of impropriety, and more than an appearance of arrogance and a broken ethics alarm.
2. The big story yesterday—I can’t believe I’m writing this—was the President tweeting a silly tricked-out video purporting to show him wrestling CNN. This was, to anyone not determined, due to a near fatal level of confirmation bias and the Trump Hate Brain And Conscience Eating Amoeba, to interpret every word and act by this President as evidence of evil, a joke. Sure, it was also gloating, and trolling, and sophomoric, and unpresidential but the long, long list of talking heads and pundits who solemnly pronounced this foolishness as “advocating violence against journalists” all revealed themselves as untrustworthy, dishonest, or hysterical. This kind of incompetent reaction is why Trump keeps doing this.
Our broken news media will have to be torn down before it can be restored to the objective and non-partisan institution a healthy democracy has to have to survive. If President Trump’s japery accomplishes this—I would prefer journalism to come to its senses internally, but that clearly is not going to happen—that’s a rich silver lining to the cloud of his Presidency. Continue reading →
I am pleased that the Supreme Court will be taking the case of Jack Phillips, the Colorado baker who refused to sell a wedding cake to a gay couple because, he said, they wanted it to be customized, and doing so would offend his faith. His claim is based on the First Amendment, which prevents the government from making you say what you don’t want to say as much as it prevents the government from stopping you from saying what you want to.
Colorado’s courts denied that Phillips was doing anything but saying that he doesn’t like or respect gays sufficiently to make the exact same cake for them that he would make for non-gays. I agree with their holding that his actions violated the public accommodations laws. I wrote when this case first reared its frosted head…
“The court’s conclusion is impossible to rebut. The cake the baker was asked to bake for the gay wedding differed not at all from one he would normally sell a straight couple. In truth, this had nothing to do with expression. He was just refusing to serve a gay couple because of their sexual orientation. Selling them a standard cake would neither constitute, nor would it be recognized as a “message” in support of gay marriage.
The Court agreed that a wedding cake with a customized message celebrating a same-sex marriage as such might implicate First Amendment speech issues, but “we need not reach this issue,” the court said. “We note, again, that Phillips denied Craig’s and Mullins’ request without any discussion regarding the wedding cake’s design or any possible written inscriptions.”
In other words, Phillips was gratuitously and unnecessarily being a cruel jerk. An alleged Christian who is unable to detect the basic Golden Rule application in treating fellow citizens with the minimal level of respect inherent in allowing them to buy a standard wedding cake requiring no “Yay Gay!” or “Charlie and David Forever!” messages in pink frosting deserves no sympathy or quarter from the law. Could the couple have just shrugged and found another bakery? Sure, they could have. Linda Brown could also have just shrugged and found an all-black school to attend, too.
The gay couple are not the villains here. Jack Phillips broke the social contract, as well as the law.”
Now that SCOTUS has decided, by agreeing to review the case, that he has perhaps a scrawny, shaky legal leg to stand on before they kick it out from under him, Phillips and his lawyer are taking a premature victory lap, as if making it quite clear that you think gays are second class citizens is something to be proud of (and, sadly, too many still think it is.) Their publicity campaign took them all the way to The View, a wise choice. After all, nothing can make an unethical position seem more persuasive than when it is being attacked by idiots, and idiots of the left-wing persuasion are pretty much what ABC’s “Six Opinionated Female B and C List Celebrities Sitting Around Slamming Conservatives” daytime show has to offer. (To be fair, the show usually has one even dumber right-wing idiot on hand to make the left-wing idiots seem astute by comparison.) Continue reading →
Once famous American radio news commentator Gabriel Heatter (September 17, 1890 – March 30, 1972) sued to begin his World War II-era broadcasts by saying, “There’s good news tonight!” I’ve been trying to find an equivalent up-beat introduction for the Warm-Up from an ethics perspective. The problem is that this requires there to be some genuinely good ethics news. Not today. Maybe tomorrow…
1. The furor over President Trump’s pathetic attack tweets on two pretty awful MSNBC cable TV hosts continues, with “the resistance”—you know, like the New York Times—citing it as proof of madness, and right-wing media and bloggers increasingly rationalizing that it’s high time someone slapped down “media bullies” like silly Joe and biased Mika. The Left’s reaction is disingenuous, and the Right’s is incompetent.
Yesterday on the progressive echo chamber end of my Facebook spectrum, they were going nuts over the tweets, and one woman posted that she had voted for Trump but she regretted it now. She never would have voted for him, she said, if she thought he would act like this. I don’t know this idiot, but I had to reply:
“What? Trump tweeted and talked exactly like that for the whole campaign, and had been similarly gross and boorish publicly for thirty years! Remember Trump talking about blood coming out of Megyn Kelly’s “wherever” after the very first debate in 2015? “Little Marco”? Mocking Carly Fiorina’s face?”
One could reasonably hope that being President might cause Trump to curb this habit, but one could not reasonable vote for him and not realize that similar conduct was a distinct possibility. On the news media and political side, the tweets prompted a re-run of the exact same (undemocratic, unethical) arguments they have made from the beginning for trying to overturn the election, as if something was new. This isn’t new. That’s part of what’s wrong with it. It also is the predictable conduct of the man elected by voters who were well aware he acted this way. I know you think they are cretins, Good People in Progressive Land, but that’s not a justification for invalidating their votes, and you are not going to get away with it if you try.
As for defenses of Trump like the opinion piece at Mediaite (“President Trump Deserves Credit For Taking On Bullies Like Mika Brzezinski“), how silly can you be? He’s the President of the United States: you can’t “bully” him. Even powerful media figures can’t bully him. He has all the power. They are punching up (more like slapping and griping and sneering up), and he is punching down, provoked by mites, lowering himself and his office by doing so.
I don’t have many opportunities to take issue with the current writer of The New York Times Magazine’s “The Ethicist” column, because he, unlike his predecessors, really is one, and doesn’t come up with whoppers like they used. Professor Appiah had some “Bonus Advice” this week, however, from a Judge John Hodgman. The judge reminded me of those halcyon days when “The Ethicist” was good for a couple of Ethics Alarms attacks a month. Good times!
My roommate takes long, casual phone calls while on the toilet. I have tried explaining why this behavior is creepy and rude to the person he is talking to, as they do not know they are talking to someone who is going to the bathroom. He thinks it’s actually rude when people don’t answer phone calls simply because they’re in the bathroom.
Wait…what?WHAT?
It is impossible to be secretly rude. It has no effect on the person on the other end of the line if you are naked, making faces, or writing “I hate this idiot!” in the mirror in blood. Nor is it “creepy” to have a phone conversation on the toilet. I’m typing this while I’m on the toilet and wearing a duck on my head, and it’s nobody’s business but mine.
Nor is it rude to refuse to answer phone calls when one is in the bathroom. In fact, it is almost never rude to decline a phone call. That bell is an invitation to have a conversation, not a command. I don’t answer calls when I’m taking a nap, a shower, having a live, face-to-face conversation, writing an Ethics Alarms post, cooking, eating a meal, enjoying an orgy, or chopping up my victim after a murder. It’s my option, my time, and my schedule.
These two roommates are made for each other.
Now the judge’s response:
“Your roommate is quite wrong: What’s actually rude is people making phone calls in the first place. We have so many better ways to communicate now that do not involve repeating yourself constantly, saying the wrong thing under the gun and then realizing you’ve been talking for five minutes to a dropped call. Even the ringing of a good old landline is the intrusive announcement that either a) someone thinks you don’t deserve to choose how to spend your time, or b) someone you know has been killed or injured. If only to protect the meditative solitude of the bathroom act, your roommate should stop this habit, never mind the fact that it is just plain gross.”
Think about it: someone with this level of judgment is a judge.
1. We have better ways of communicating than talking to each other?
2. If someone doesn’t want to talk on the phone, they can turn the phone off. They can have an unlisted number, or a cell phone number they only share with people they won’t think are rude when they call. They can not have a phone at all. If you make it possible for people to call you when you don’t have to do so, people reasonably assume that you don’t mind being called. Calling too late or too early is inconsiderate, unless there is an emergency. Robocalls and solicitor calls are intrusions. But a friend or relative “reaching out to touch someone” as the old Bell long-distance ad sang? That’s rude? What’s the matter with this guy?
3. Let me rephrase that: What the HELL is the matter with this guy?We have to obey his rules for what we do in the bathroom? I read my baseball books in the bathroom…is that a violation of “meditative solitude’? How about having long discussions with my wife through the bathroom door—not sufficiently meditative? What’s happening on the toilet isn’t gross, but talking to someone who has no idea where you are and what you are doing is gross? I can be as gross as we want when the only witness is me, and there is absolutely nothing rude, inappropriate or unethical about it.
1. I’m trying to get this up while I prepare for a new legal ethics seminar, teaming once again with the brilliant D.C. actor Paul Morella who has toured the country in the Clarence Darrow one-man-show he and I collaborated on more than a decade ago, using Darrow’s career and courtroom oratory to analyze modern legal ethics. Readers here have encountered a lot of those Darrow-related discussions already. For once, I’m grateful most lawyers don’t frequent this blog.
2. This now viral photo of the faces of CNN’s talking heads and analysts at the moment they realized that the Democrats had lost the Georgia Sixth District special House election that was hyped to be the beginning of a surge to the Left rejecting Donald Trump…
…and this one…
…are more than just gags. They are smoking gun evidence of the stunning lack of professionalism in journalism, and especially CNN. If there was any sensitivity or commitment to ethics on that set or in that production chain of command, every one of these arrogant hacks would have been told, “I want poker faces up there at all times. Objective and fair news reporting includes body language and facial expressions. Your attitudes warp your reporting. If anything about your demeanor betrays your personal preferences or political biases, you’re getting suspended. Got that? This isn’t a cheerleading squad.
3. This warrants its own post, but today will be a squeeze, so I’ll focus on the astounding chutzpah of that race’s loser here and now. Losing Georgia Six Democratic candidate Jon Ossoff was interviewed by NPR’s Rachel Martin, and this exchange resulted: Continue reading →
A customer’s cell phone video caught a 7-Eleven clerk on Tampa, Florida screaming at a customer and asking about his immigration status after the customer used the Spanish word for ‘green’ to ask the clerk for a specific brand of cigarettes. The clerk demanded Hernandez speak English, and is is heard saying, “Are you here legally? Do you have papers? Do you have papers?”
This isn’t the clerk’s job, and if the company has not directed that all customers should not be treated with dignity, courtesy and respect, no employee should be going free-lance ICE on anyone.
A spokesman for the 7-11 owner wrote, “Every customer is important. The statements made by the sales associate were inappropriate and offensive. We are investigating the matter and will ensure it is handled appropriately.”
“Appropriately” means firing the clerk. In addition to acting ultra vires, the clerk is also making the store unpleasant and unwelcoming for other customers, risking an escalating confrontation, and being a jerk while representing the enterprise. Wrong, wrong, and wrong.
1. No, there is nothing “ironic” about Rep. Steve Scalise being shot. I finally lost my restraint and pointed out to a gaggle of left-wing Facebook friends that their writing that Scalise’s shooting was “ironic” because he opposes gun control, or because one of his rescuers was gay (because he opposes gay marriage) was as much a of a hateful comment as saying that it was “karma” (another popular sentiment from progressive friends) or that he “reaped what he sowed” (yet another). They protested loudly and angrily that this was an unfair rebuke on my part, that they were not cheering the crime, just observing that the shooting was “ironic” which, they insisted, it was.
Disingenuous and evasive.
The seriousness, criminal, hateful and absolutely inexcusable nature of Scalise’s shooting had absolutely nothing to do with his political beliefs unless you agree with the shooter, who used those beliefs as his motive. Karma, “reaped what he sowed” and irony (which implies an amusing or humorous nature) all signal and are intended to signal the same sentiment in the Facebook echo chamber—“It’s a shame that he got shot, but in a way he asked for it.” Oh, how those who sought to signal their virtue and their dislike of Scalise just hated to be called on the ugly impulses behind their words, and how they wriggled and spun to deny it.
What made the shooting ironic? Why, Scalise opposes gay marriage, I was informed. That’s neither a logical nor a justified answer. Although gays find it satisfying and expedient to automatically attach the label of homophobia to those who haven’t yet adapted to one of the fastest cultural paradigm shifts in U.S. history, there is no evidence that Rep. Scalise believes that LGBT individuals cannot or should not be medical or law enforcement professionals. Scalise’s position on gay marriage is irrelevant to his shooting, unless that position—the same position Barack Obama and Hillary Clinton held for a very long time—makes you think his shooting and the subsequent assistance of gay citizens is somehow deserved and funny. Similarly, the fact that Scalise was shot does not undermine the justification for his support of the Second Amendment, except in the closed minds of Second Amendment opponents. Nor does that make his shooting “ironic,” except to those whose gut reaction was “He was shot? Serves him right. Let’s see how he likes it.”
So many progressives have become so instinctively hateful and bitterly partisan that they are incapable of realizing it.
2. Are there any ethics takeaways from last night’s Republican victory in Georgia’s 6th District? Pundit Charles Glasser wrote that “Ossoff raised $23.6 million to make a symbolic run against President Trump, most of it from Marin County, California and Martha’s Vineyard in Massachusetts. Running the numbers, Democrats might have been better off considering that same amount would have bought 855,072 school lunches (at $2.76 each); 236,000 elementary school textbooks (at $100 each) or even 956 Priuses (at $24,685 each). Max Weber said that the purpose of a bureaucracy is to maintain or expand its own power. Who cares about children, education or the environment when there’s power to be grabbed?”
As a rule I object to the “spending money on A is unethical because you could have spent it on B” line of reasoning, since it can be applied to almost any purchase. Nonetheless, that’s a lot of money to be used by outsiders to influence a local election, particularly when the donors also decry the effect of money in politics. And as with Hillary Clinton’s defeat, this result suggest that money isn’t nearly as decisive as those who want to constrain political speech think it is. Continue reading →
Ethics Alarms 