Election Day Ethics Warm-Up, But Mostly What Yesterday’s Warm-Up Would Have Been If My Whole Day Hadn’t Spun Wildly Out Of Control…

Good Morning, Voters!

1. From the “bias makes you stupid” files. Yesterday two smart, once reasonable Massachusetts lawyers of the female persuasion debated me regarding the appropriateness of Dr. Blasey Ford’s late and unsubstantiated hit on Brett Kavanaugh. They were obnoxious about it, too, rolling their eyes and giggling to each other at my position, with one saying that I sounded like her “Southern friends.” I like them both, but a better example of how bias makes you stupid could hardly be devised. Their primary reason why Blasey Ford’s suddenly recalled trauma from the distant past should have been allowed to smear a qualified nominee for the Supreme Court in nationally televised hearings was this: women and girls in those les-enlightened days had good reason not to report rape and sexual assault, as they often were not believed and because a “boys will be boys” attitude prevailed in the culture. Moreover, they said, almost in unison, women still have good reasons not to report sexual assault. “Do you have daughters?” they asked, “gotcha!”-style.

To anyone whose ethics alarms are in good working order and who recognizes the difference between an emotional argument born of gender and partisan alliances and a good one, the rebuttal is obvious and comprises a general ethics principle:

One person’s misfortune, no matter how tragic or unjust, never justifies being unfair or unjust to somebody else.

Accusing anyone of anything three decades after the alleged incident is unfair.

Publicizing an allegation that cannot be verified and for which there is no supporting evidence is unfair.

Using alleged misconduct as a minor to impugn the character  of an adult and a professional with an unblemished record of good conduct is unfair.

Dispensing with a presumption of innocence under any circumstances is unfair.

Dispensing with due process under any circumstances is unfair, because due process is itself fairness. (The two lawyers kept saying that this was not a trail so due process was not involved. The argument is either disingenuous or ignorant. Due process just means procedural fairness, in any context.)

Punishing one individual male for the fact that other males have escaped accountability for sexual misconduct is unfair-–and illogical.

Giving special considerations to one individual female because other females have been unfairly treated regarding their allegations is unfair—and illogical.

The two female lawyers kept saying that my position is a conservative one. It is not. It is not an ideological position in any way, though their position certainly is. May they regain intellectual integrity soon. And I forgive them for being so utterly insulting during our debate.

2. This is essentially a Big Lie argument from Vox: Ezra Klein, Vox creator, tweeted,

I don’t think people are ready for the crisis that will follow if Democrats win the House popular vote but not the majority. After Kavanaugh, Trump, Garland, Citizens United, Bush v. Gore, etc, the party is on the edge of losing faith in the system (and reasonably so).

An esteemed commenter recently accused me of being unfairly dismissive and insulting when a commenter dissents. That’s occasionally true but not generally true, and one circumstance where I may become dismissive and insulting is when a position is indefensible, like this one. It is either dishonest or so obtuse that no one capable of writing it down should be trusted again. Continue reading

Sunday Ethics Warm-Up, 11/4/2018 (Part I): Gary Hart’s Prophesy, Media Values, And High School Babylon [UPDATED]

Good Morning!

I’m headed to Boston this afternoon for one of my semi-monthly ethics seminars for new Mass. bar admittees. I have been having bad luck with keeping up on the blog while traveling of late, so I’m going to post a two-part Warm-Up to try to avoid falling too far behind.

1. Maureen Dowd made my head explode with her ridiculous profile of Gary Hart—you know, Donna Rice, “Monkey Business”—so I’m going to rely heavily on Ann Althouse’s analysis which parallels mine. Her head is just more resilient, apparently. [Tangent: I wonder how Ann’s traffic is doing? I have noticed that progressive commenters have virtually disappeared from her blog as well, where a couple of years ago they were equally represented. I don’t consider Althouse a conservative at all: she is relentlessly objective and non-partisan, and mostly serves as the web’s best bullshit detector. She has, however, defended the President against unfair attacks and hypocrisy, and called out the news media for fake news, fake headlines, and bias. That’s asking for a boycott, apparently.) Hart makes this statement:

“If all that stuff had not happened and if I had been elected, there would have been no gulf war. H.W. wouldn’t have been president. W. wouldn’t have been president. Everything would have changed. I don’t say that to aggrandize myself. It’s just, history changed. And that has haunted me for thirty years. I had only one talent and it wasn’t traditional politics — I could see farther ahead than anybody.”

I could write a long essay about this arrogant nonsense with my eyes closed. Ann had the same instant reaction I did: Funny, you weren’t able to foresee that daring reporters to check on your martial virtue would result in your being caught adultery-handed in Clintonesque trysts, you big dummy. (My words, not Ann’s.) And if hindsight is 20-20, hindsight aternate future readings are even better. Gary needs to study Chaos Theory  a bit more closely, and watch that old Star Trek episode. For all he knows, his election would have resulted in the world being taken over by Mole People.

Althouse also flagged the Dowd section where the Queen of Snark writes,

“As we fantasize about a parallel universe, where America is not a joke and our president cares about other human beings, the same questions keep swirling in our heads. What has happened to this country? Can he be stopped? When will it end? How the hell did we get here?”

Wow, Talk about bias making you stupid. To many of us who are at least as smart as Maureen, America is a joke when it embraces open borders and edicts by international organizations, when it warps the Constitution by declaring that men and police can be guilty until proven innocent if a member of a favored group accuses them, and allows a partisan news media to control public opinion. It’s not a very funny joke, though. Some trenchant comments on Ann’s post:

“I don’t know why I’m still surprised by liberals’ inability to do any real soul-searching. You’d think by now, after many hundreds of “how did we get here, why aren’t smart people like me listened to by the stupids?” articles, I’d give up hope that they will ever open their eyes and see what’s right in front of them. But then I remember, I’m a pollyanna. I can’t give up on anybody.”

***

“It would seem obvious to me that Trump does care about human beings, but not the ones Dowd think he should be caring about. And maybe her friends consider America a joke, and maybe that’s why we got were we are..”

***

“Dowd’s perspective is Technocratic. Society needs to be supervised by an educated elite. Democracy is just mob rule that will lead to ruin. But, we have to put on a facade so that the deplorables will accept our edicts. So we do the election thing, but the real rules are set behind the scenes by career bureaucrats. Politicians and the medias’ job is to set the agenda and influence popular opinion towards the “correct” attitudes”

Bingo. Bingo. Bingo. Continue reading

Comment Of The Day: “Ethics Quiz: The Good Hoax?” (2)

rape-on-campus

 

I still can’t sleep.

This is the second Comment of the Day on this October 18 post, a surprise one for Pennagain, since I didn’t even flag it at the time. Again, I’m sorry. I don’t know what was up in October; it also ended with the worst traffic here of any week for more than two years. Obviously, it was a protest over my dilatory posting of the fine work by my commenters.

This one is a triple COTD, made up of three by Penn, who properly raised the specter of Samantha Erdly in the context of hoax research. Erdley is the Rolling Stone journalist who inflicted the “Jackie” tale of an imaginary gang rape at the University of Virginia, an earlier assault of truth and due process by the “believe all women” crowd. (Ethics Alarms covered the episode in a series of posts.). I just re-read Pennagain’s comments, made in a discussion with Alizia Tyler, who earns an assist. Excellent observations, and a valuable assist in making sure this journalistic outrage is never slipped down the memory hole, as so many would love it to be.

Here is Pennagain’s Comment of the Day on Ethics Quiz: The Good Hoax?:

As far as hoax articles appearing in either reputable journals or popular publications (rarely the same thing), if I weren’t an atheist, I would damn them all to hell. What I have in mind as an example that should need no further elucidation here is the piece knowingly published by Rolling Stone that included the false rape stories and statistics responsible for poisoning much of a culture, not to mention its politics….

“In November 2016, a federal court jury found Samantha Erdely was liable for defamation with actual malice” and that “Erdely and Rolling Stone failed to engage in “basic, even routine journalistic practice”

Her background reveals a start in college, when her colleague Stephen Glass ‘threw a righteous fit’ after she and a another student “concocted a funny and obviously made-up travel story” for the school magazine.” [Glass, you may not know, later became nationally notorious for inventing false stories published as factual journalism in the highly respected The New Republic, seriously harming its reputation.] Erdely was obviously already toxic before she left school. If you’re curious, her Wikipedia bio contains descriptions of six other major rape stories she invented out of whole cloth and used to smear real people and institutions, articles that in at least two cases went up for major journalism awards. As a self-appointed expert in rape and bullying, her work went into GQ, The New Yorker, Mother Jones, Glamour, Men’s Health, Philadelphia, among other lesser magazines. She was believed. The more she got away with, the greater the lies she invented … until, after twenty wonderful years of conning millions of people, she got over-confident and lazy, and plagiarized a previous article of her own. Until someone finally noticed that the Rolling Stone piece bore too many similarities to another one to be coincidental.

For twenty years, from Philadelphia to Los Angeles, Seattle to Florida, she built a reputation for being the go-to journalist on the subject of rape. No one doubted her. Witnesses later spoke out using her writing as statistical evidence — women (and so many men who had been falsely accused) and feminists in particular — had absorbed every precious word – even against the evidence of their own knowledge and experience in the times and places Erdely was writing about.

A month ago, September 21, 2018, Rolling Stone was also found “liable for defamation.” It was noted in the case against Erdely that the magazine hadn’t been doing too well before they glommed onto that gem of Samantha, aka “Jackie,” the fictional rapee.

Last week’s headline: WaPo Reporter Is Tired of Being Reminded He Fell for Sabrina Rubin Erdely’s Hate Hoax So Badly He Called for Burning Down UVA Frat Houses

I now amend my description of the poisonous piece: It is a “hate hoax.”

No, Alizia, poisons do not, in general, lead to death. They lead to minor discomfort in some, and major permanent damage in others; some knock you on your ass right away, and some creep insidiously into your brain over months or years. The public remembers things they read and hear. They (I won’t say “we” because I became skeptical reader at the age of 12 after a defamatory article was published in a local newspaper concerning a friend of my family concerning something that happened while I was present and knew to be a lie. I had been visiting one of their children, a classmate, at the time the incident took place, or rather, didn’t take place. My testimony was taken down, along with his, not discounted, but the editor of the paper would not print a retraction because, he said, “we don’t want to confuse our readers; they expect the truth, and that is what we give them.” Our parents wanted that in writing; naturally, he refused.

I am convinced that what is presented in a plausible manner from an authoritative source (which could be the 10 o’clock news or a magazine with a reputation for having its journalistic thumb on the pulse of young America) is frequently taken in without the auditor, viewer or reader later recalling the source. If they didn’t question it in the first place, they not only don’t question it later, but, when challenged, they will deny or dismiss any correction out of sheer embarrassment, egotism, mental laziness or, in the case under discussion, because they want to believe it.

As has been pointed out in Ethics Alarms before, the left, on the whole, has taken the anomalous position of being at once both victim and dictator. Thus, the concept of a Rape Culture is heaven for them: they are, collectively, the injured parties … and the ones who injure, including any who are capable of doing injury, are now at their mercy — via 30-year-old wisps of memory, anonymous join-the-conga-line #MeToo-ers, a casual touch on the shoulder, or a dirty-dirty word in their ears. They feed on lies more than on facts – the truths are painful, but the lies are more … emotional, memorable, dramatic, arousing . . . . They need to feed the addiction even when they know it is poison…

The fact in this matter is that Erdely, falsely or idiotically or crazily or not, believed she was doing something fine and high-minded “for women,” and to alert a deaf public (and via that route influence authorities) that there was “a rape problem” that needed to be addressed. In her mind, the ruining of a single man (or a whole college fraternity) was insignificant in terms of getting her message “out there.”

In other words, her cover (if you will) was in presenting these gross exaggerations as hoaxes. I may have taken you in the wrong direction by quoting the court decisions concerning malicious intent. The articles undoubtedly did “malicious” damage. So where am I? What Erdely believed (and apparently still does) has been shown to be shared by much of the public touched by it — including a proportion of men who don’t understand they are simply seeing themselves as heroic exceptions, or else thinking they are disguising themselves to live in the midst of an Amazonian tribe that wants to cut their balls off (that was an irrelevant side-bar, sorry, I do that a lot, letting off steam). Here’s what happens when someone with a cause and a vague concept of how bad the situation is gets hold of what she thinks are solid statistics, intended as a righteous hoax: https://www.realclearpolitics.com/video/2014/12/06/msnbc_panelist_we_live_in_a_culture_that_hates_women.html

I rest my case.

Welcome To Grandstanding And Virtue-Signaling Creep!

A San Francisco 49ers cheerleader “took a knee” during the National Anthem ahead of the team’s Thursday night game against the Oakland Raiders yesterday.

She should be fired. She isn’t employed to indulge her personal political leanings in public, and this is no more appropriate than raising a sign advertising a candidate for office or one extolling the value of Cheetos. There is no right to appropriate one’s workplace on the job for an expression of personal social or political views.

How can the 49ers fire her, though? They haven’t punished any football players for taking the same, arrogant, intrusive liberty. The team would be called sexist. Other cheerleaders would kneel in solidarity. The players would also rally to her support. Next the team will have vendors and ushers kneeling. President Trump will probably tweet some offensive comment, like “Fire the bitch!”

All of this, because the 49ers didn’t have the guts, foresight, commons sense and respect for their paying customers to discipline Colin Kaepernick the first time his knee hit the field, and lay out the basic conditions of his employment in case he was under some delusion that he had a right to do such a thing.

 

Unethical Quote Of The Month, And Also KABOOM!: Pope Francis

“Because of our sins, the Great Accuser always takes advantage – we read in the first chapter from Job – he roams looking for someone to accuse… he is accusing us strongly, and this accusation becomes persecution as well. …And there is also another type of persecution, of continuous accusations to dirty the Church: the Church must not be dirtied. The children yes, but not the mother, and the mother defends herself from the Great Accuser with prayer and penance. That’s why I asked to pray the Rosary, Our Lady, Saint Michael the Archangel. It’s a difficult moment because through us, the great accuser wants to attack the mother. And you don’t touch a mother”.  

—- Pope Francis, addressing the closing session of a synod of bishops at the Vatican yesterday, claiming that the Catholic Church has been persecuted through accusations related to the clerical child sex-abuse scandals that have undermined the credibility of the papacy and church hierarchy.

I’m really mad at my head for exploding over this. Surely it isn’t a surprise, not after the ongoing accountability-ducking and finger-pointing the Pope and his Church have been engaged in while innocent children are buggered by priests worldwide. Yet somehow I did not, and apparently my head did not, believe that the Pope would be so callous, tone-deaf and, frankly, stupid as to play the victim card when it is not only invalid but guaranteed not to work. “How dare anyone accuse us of covering up child abuse when we have been covering up child abuse for decades, and probably centuries! How dare anyone imply that the Church is accountable when its priests molest children and its leadership choose to protect the molesters instead of the victims!” This is essentially what the Pope is saying (it sounds different in Italian), and he really seems to be oblivious to how awful it not only sounds, but is. 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

Morning Ethics Warm-Up, 10/26/2018: ‘Bombs,’ Bicycles And Bullying

Good morning!

I need Jimmy today. (Bing’s on this one too…)

1. They’re NOT “bombs.” I urge everyone to call their friends on this. Until it is established that in fact the “suspicious packages” (the FBI’s current description) or the “potentially destructive devices” can blow up and that they were intended to blow up, referring to them (as the New York Times has done) as “pipe bombs” and the mysterious asshole who sent them as “the bomber” is misleading and, in many cases, deliberately inflammatory. Cut it out. Nor are the mailed whatevertheyares “attacks.” Nobody has been “attacked” until the intent to harm them has been established, and it hasn’t been.

This is driving me crazy, in case you can’t tell.

The news media obviously wants these to be bombs, wants the sender to be a deranged Trump fan, hell, they’d love it if the sender was Trump himself. So they can’t help themselves, apparently, in jumping the gun and dishonestly reporting what is still very much in doubt. Personally, I would love to have it determined that the perp is a “resistance” member pulling a false flag operation, just to teach the news media a lesson, not that they are capable of learning it.

2. Trump’s Tweets. CNN and MSNBC are melting down with faux fury over this morning’s Trump Tweet, which said,

Funny how lowly rated CNN, and others, can criticize me at will, even blaming me for the current spate of Bombs and ridiculously comparing this to September 11th and the Oklahoma City bombing, yet when I criticize them they go wild and scream, “it’s just not Presidential!”

Notes: Continue reading

Mostly Non-Baseball Ethics Musings While Nervously Watching The World Series [UPDATED!]

1. Dave Roberts did indeed get a standing ovation from the Boston fans when he was introduced in the pre-game ceremonies. As I promised…

2. Another family has written an attack letter against a member running for office. This is the second instance of this ugly campaign tactic this election  cycle. I don’t care what party is involved, or who the candidates are. Amy family members who would do this are contemptible.  The Laxalt family members, the culprits this time, even wrote that they didn’t know their target very well. If they don’t know him, why do their opinions matter?  Have they no decency? Has no one any decency?

3. I thought my left-wing echo-chamber addled Facebook friends were kidding when they suggested that President Trump and the Republicans were paying for the herd of illegal aliens marching on our borders. No, apparently some progressive pundits and journalists are actually claiming this, with a Blasey Ford level of evidence. You know, none. So illegal immigrants, encouraged by open-borders rhetoric from American progressives, Democrats and the biased news media, set out to force themselves past our laws and borders, and because this display risks enlightening the public about just how irresponsible and dangerous the left’s romanticized fantasy about illegal immigration is, they are denying that it’s real, and blaming it on Trump. Amazing.

4. Now here’s a campaign controversy you don’t see very often: the Democratic  candidate for the Minnesota State legislature may have married her brother. I  might argue that such incest is not necessarily relevant to her qualifications as a legislature, except that there is evidence that the marriage was a factor in possible immigration fraud and student loan fraud. Continue reading