Comment Of The Day: Morning Ethics Warm-Up, 4/7/2018: #2: “Williamson No Longer Of The Atlantic’”

This is an epic Comment of the Day using an unusual approach. Michael West explores aspects of public discourse that is at the core of ethical misunderstanding and ethics malpractice by focusing on a multi-party twitter exchange regarding an issue discussed on Ethics Alarms, the firing of former National Review writer Kevin Williamson after he doubled-down on an extreme position regarding abortion: he believes it is murder, and therefore believes that capital punishment is a fair punishment for what should be considered a crime. Moreover, he said that because of the violent and depraved nature of the crime, a violent execution, like hanging, would be appropriate for the women who allowed their fetuses to be aborted.

Michael also used his comment to highlight a concept we have not used on Ethics Alarms, at least by name, “the Overton Window.” That is defined as “The spectrum of ideas on public policy and social issues considered acceptable by the general public at a given time.” Of course, what the “window” is can be tricky to determine. Donald Trump broke the alleged window repeatedly. My preferred approach to this “window” is to challenge it, and to try to expand its boundaries, consequences be damned. I equate the Overton Window with de facto censorship and thought-control.

I am especially glad that this comment again raises the Williamson firing and the related ethics issues. These are rich topics, and yet the matter fled the blogs and commentary sites quickly, paved over by successive outrages of the day.

Here is Michael West’s Comment of the Day on #2 in the post, Morning Ethics Warm-Up, 4/7/2018: “Ruggles Of Red Gap” And “Williamson No Longer Of The Atlantic’.”  This is a bit challenging to read, but worth the effort. For clarity, Michael’s commentary is in bold italics.

I think this is an informative tweet dialogue on a handful of levels. For one, it reveals some informal fallacies that inevitably ruin any discourse and are especially ruinous tendencies in any summarized forum (which twitter represents the extreme end of the spectrum). It also reveals what I think is the fundamental problem with the discussion [on Ethics Alarms.]. I think we’re operating on two different meanings of “mainstream”. Simultaneously this reveals two different attitudes regarding the Overton Window.

As for the term “mainstream”, Almaqah below seems to mean it as “anything someone is willing to hear another person discuss.” I presume [commenter Chris’s]  friendliness toward Almaqah’s opinions implies [he] generally believe the same. When I use it, and I think when most others use the term, we use it as more of a quantitative assessment, where “mainstream” means “anything that a sufficient percentage of people believe”, to which it might be effective to add “that it holds enough weight to begin to sway policy discussions” …but that’s not essential.

I think Almaqah’s subsequent side-bars reveal a somewhat concerning attitude towards diversity of opinion as well as tolerance of that diversity. He seems to think that acceptable discourse should be extremely narrow and that anything outside of that window should not be tolerated one bit.

Cast of Characters (mostly from their twitter profiles):

@_Almaqah –

Gabriel Malor (@gabrielmalor) – “Oklahoman. Attorney. Contributor at @FDRLST, @dcexaminer, and other places. Keep reminding me that I’m supposed to be rising above.”

@Elwampito – “petty bourgeois”

Mollie Hemingway (@MZHemingway) – “Senior Editor, @FDRLST”

Katherine Mangu-Ward – Editor in Chief of Reason Magazine

Fyodor – Possibly a libertarian & probably anti-Trump… (judging from a quick scan of tweets)

@MsBaileyGurl – “fundamental human rights and fast wifi. So easy to please.”

Mark Hemingway (@Herminator) – “Senior Writer @WeeklyStandard. Husband of @MZHEmingway”

Jacob T. Levy (@jtlevy) – “Tomlinson Prof of Political Theory, McGill. RPF http://amzn.to/1osWYDC Niskanen http://tinyurl.com/gpu3rzw Opinions here are mine not McGill’s.”

Alexandra DeSanctis (@xan_desanctis) – “Buckley Fellow at National Review. Co-host of “Ordered Liberty” with @DavidAFrench. @NotreDame alum. ”

Bre Payton – “the culture and millennial politics reporter for The Federalist”

@JackFromAtlanta – possibly a conservative & possibly an Eastern Orthodox Christian (judging from a quick scan of tweets)

@UrbanAchievr – probably a leftist, most probably anti-Trump (judging from a quick scan of tweets)

Oliver Darcy (@oliverdarcy) – “senior media reporter, @CNN. writing at the intersection of media & politics.”

Kirsten Powers – “USA Today Columnist / CNN Political Analyst / Cohost of @thefaithangle podcast”

Here’s the opening salvo, as Almaqah responds to Gabriel Malor (which “El Wampito” rapidly jumps into).

@gabrielmalor – “The man just lost his job because of his political beliefs. The people celebrating it, particularly the ones who work in media, are trash human beings, not to mention completely unself-aware morons.”

@_Almaqah (two combined tweets) – “Stop convincing me “executing women who have abortions” is a conservative belief, I’m trying to be generous. Also he’ll be fine, NR will take him back. Most prolifers say they don’t want to punish women who have abortions, so it’s odd to see some of them conflate KW calling for execution with normal conservative beliefs. Which is it?”

@Elwampito – “it’s the latter”

@_Almaqah – “I’d like to give them the benefit of the doubt!”

@Elwampito – “i mean, if you believe abortion is murder and support the death penalty, it would seem to fit unless you think women lack moral agency or something”

@_Almaqah – “This is true, most of them get around having to reach this conclusion by just saying women are victims of abortion too. KW was willing to say he takes their agency seriously and thinks they should be held culpable”

Here, Almaqah subtly shifts the accusation. The topic is the specific stance that women who kill their unborn children should be executed. Almaqah expands this to “Punishing women who seek abortion.”.There’s a significant difference here where his latter use of “punish” compels the person he’s arguing with to either agree or disagree to a general assertion which may or may not reveal an actual attitude towards the specific assertion. This isn’t rhetorically responsible dialogue.

@MZHemingway – “In only article pubbed @ Atlantic before being fired for being pro-life, NeverTrumper Kevin Williamson wrote enemy was @VDHanson.Interesting”

@_Almaqah – “Another person who equates ‘prolife’ with ‘wanting women who have abortions to be executed’. I’ll take your word for it!”

Molly Hemingway, is playing the typical journalist role of saying something triggering to her base, “Fired for being pro-life”, when she knows he was fired for having a stance about how to enforce those who have abortions. She isn’t being responsible with her tweet, and Almaqah capitalizes on this. But in reality, we know he wasn’t fired for being pro-life, but standing up *for* him and his right to hold opinions, is not an endorsement of those opinions NOR is it a claim that the opinions are “mainstream” (unless you insist on the Narrow Overton window definition of mainstream).

Here, Almaqah quotes the same Reason article, by Katherine Mangu-Ward, which [Chris] referred to and is linked in Jack’s piece.

@_Almaqah (two combined tweets) – “Kevin’s defenders would’ve been better off just saying ‘yes, punishing abortion w/execution is completely reasonable conservative belief, what of it?” instead of “he was just trolling, of course he doesn’t believe that horrible thing!” I mean, once you concede it’s a terrible thing to believe it, kind of hard to get mad when there are consequences for actually believing in it”

@Fyodor32768 (three combined tweets, bold is what Almaqah responds to) – “I think that conservatives probably believe that say the median viewpoint should be outright illegalization and that Williamson’s execution position is on the right side of the spectrum but not crazy. So by saying that his hanging position puts you outside the spectrum you are saying something about what the “baseline” opinion is that they dislike. Sort of like how a lot of mildly racist conservatives didn’t fully agree with Trump’s more forceful racism but didn’t feel it should be condemned as outside the pale because they though of their own more mild racism as the midpoint for views on minorities.”

@_Almaqah – “Yes, to them punishing abortion by execution is just a policy difference to be debated politely among friends. It’s not like Williamson called for something truly offensive like an 80% estate tax”

Almaqah, relying on the narrow, intolerant view of the Overton Window, again shifts the term from the specific “execution” to the broader term “punishment.” Fyodor does a great summary rebutting him here. Almaqah’s reponse is to belittle the notion of tolerating an individual, who while generally in agreement with most actual mainstream opinions, holds one or two more extreme ideas. This is problematic. If Almaqah’s attitude is to reign, we cannot tolerate individuals having anything other than exactly the same lock step views on every opinion we grant “mainstream” status…we must, upon discovery that one of our “orthodox” fellows, when holding even a single “out of whack” viewpoint, must be shut up and sent out of the camp.

@Herminator – “Kevin Williamson was Never Trump *and* one of the most talented writers of his generation. They still wouldn’t let him work for a a venerable liberal institution. Let that be a lesson.”

@MsBaileyGurl – “The lesson is…don’t advocate for the murder of women. Seems pretty easy for the ‘law and order’ party to get behind.”

@Herminator – “Adovocating for the murder of women who murder others is the issue at hand. This is misdirection.”

@_Almaqah – “”he doesn’t want to murder all women, he just wants to murder women who have abortions” might’ve sounded better in your head” Continue reading →

The Unknown Ethics Dunce And The Date Refund Invoice

Indianapolis  resident Amanda Burnett, 23, had a dinner date with a man she didn’t relate to very well. What she ate is pictured above: it’s not exactly Le Cirq, but he paid the tab.

She decided to stop answering his texts, cutting off contact with him. A few weeks later, he sent her this, an invoice for the cost of her meal and drinks…

…followed by this text… Continue reading →

Morning Ethics Warm-Up, 4/18/2018: The Bad, The Beautiful, And The Stupid

Good morning, everyone…

1. Tales of the King’s Pass. Fox News put out a statement saying that Sean Hannity had its “full support.” We can assume that means no punishment, no sanctions, not even any public regrets, despite the fact, and it is a fact, that the right-wing talk-show host-turned-Trump propagandist went on the air and defended Trump’s fixer, Michael Cohen, without mentioning the fact that Hannity was Cohen’s client. Thus Fox is announcing, in effect, that undisclosed conflicts of interest are just fine and dandy if your ratings are good enough. This also means that Fox News is admitting that it really doesn’t care about candor, honesty, and objectivity, since it will ignore blatant violations of all three if the profit is sufficient.

In fairness to Fox, Hannity’s blatant biases toward all things Trump are no more egregious than the open Obama bias displayed across the mainstream media’s full spectrum of journalists and pundits; it just stands out more because he has less company. However, this is a specific conflict of interest, with Hannity having undisclosed connections to a newsmaker that could reasonably affect his commentary. The closest parallel would be ABC’s George Stephanopoulos reporting on the Clinton Foundation’s dubious activities without telling viewers that he was a $75,000 donor. ABC didn’t discipline him, either, but at least he made a public apology on the air.

To make the King’s Pass case even stronger, after Politico reported this week that dinnertime news anchor Bret Baier played nine holes of golf with President Trump over the weekend, Fox News acknowledged that Baier was admonished by the president of the network.  I don’t agree with the reprimand at all. The opportunity to spend that kind of time with a President is invaluable, a rare opportunity to acquire insight and access over an extended period of time. The idea, I assume, is that it creates the illusion of chumminess. It’s a dumb illusion. If I were a journalist,  I would play golf with anyone if it allowed me to learn something. If I were president of a network, I’d reprimand a reporter for turning down such an opportunity.

2. The Virtue-Signaling Hall Of Fame. Starbucks is reacting to the PR nightmare arising out of the arrest of two black men for refusing to order anything while waiting for a companion in a Philadelphia Starbucks by a grand gesture: it will close all U.S. stores and corporate offices on the afternoon of May 29 for “employee racial bias training.” I suppose this is good crisis management, though cynical and non-substantive. It also permanently tars as a racist the Starbucks ex-manager, who says she was following a locale-specific company policy in an area that had experienced problems with loitering. Continue reading →

A Musical Ethics Quiz: “The Wanderer”

Here is Dion’s signature hit, 1961’s “The Wanderer”…

The song is ranked #243 on the Rolling Stone magazine’s list of The 500 Greatest Songs of All Time.The lyrics (the song was written by Ernie Maresca) , for those of you who are lyrically challenged, are as follows… Continue reading →

Saturday Evening Ethics Update, 4/14/2018: Important Women Die Too, Fundraising Insanity, And Campus Segregation Is “In” Again

Good evening, everyone!

(This morning was completely unmanageable…)

1. This day in history..April 14 belongs with December 7, November 22 and September 11 as the four evil dates in American history, for Abraham Lincoln was assassinated on this day in 1865, yanking the course of events into a new riverbed. Who knows where we might be today if Booth had been foiled?

2. Oh, yeah, them…The New York Times is suddenly including more obituaries of women in its pages, the result of a ridiculously late realization last month that the paper’s  stories of death warranting special note had been overwhelmingly male from the paper’s birth. In March, the paper confessed,

Since 1851, The New York Times has published thousands of obituaries: of heads of state, opera singers, the inventor of Stove Top stuffing and the namer of the Slinky. The vast majority chronicled the lives of men, mostly white ones.

Charlotte Brontë wrote “Jane Eyre”; Emily Warren Roebling oversaw construction of the Brooklyn Bridge when her husband fell ill; Madhubala transfixed Bollywood; Ida B. Wells campaigned against lynching. Yet all of their deaths went unremarked in our pages, until now.

It is a welcome reform. The Times is also looking back over history to remedy the past bias and injustice, launching a special project to publish, a bit late, many of those obituaries that it had failed to write when remarkable women died. You can find the latest additions here.

3. What’s going on here? Wall Street billionaire Stephen A. Schwarzman agreed to give $25 million to the Abington, Pennsylvania high school he attended  in the 1960s. The money would finance  a massive upgrade in the facility. The school, in return, agreed to name the school in his honor, hang a portrait of him in the building, honor his twin brothers elsewhere in the school, and give him the right to review the project’s contractors and approve a new school logo.

Then the deal was announced. Local residents appeared at a standing-room-only, five-hour school board meeting last week to protest.  There was an online petition (naturally), and calls for school officials to resign.  And what was it about the quid pro quo that the people objected to? The quote from Robert Durham, who works at the local Chevrolet dealership and sent two sons through Abington Senior High School is explanatory as any:

“I just think there’s too much influence about big money, Wall Street money, in our society,” he told reporters.

Oh. Continue reading →

Morning Ethics Warm-Up, April 13, 2018: Past, Present, And Future

Happy Morning, everybody!

1. On the Future News front…The Michael Cohen raid has prompted a new outbreak of this particularly odious journalism and punditry trend: writing hysterically about what might happen. I spend so much time telling my wife that it is absurd and self-destructive to spend energy and emotion on dire “what if?” speculation, when sanity only reigns when we deal with what happens, when it happens, and not freak out because it might happen. Reinhold Niebuhr’s Serenity Prayer isn’t just for alcoholics, you know:

“God grant me the serenity to accept the things I cannot change;courage to change the things I can;and wisdom to know the difference. Living one day at a time;enjoy ing one moment at a time; accepting hardships as the pathway to peace…”

The news media, however, pummels us with dire future news to undermine serenity, create fear, encourage anxiety, distrust, panic and hysteria. All the better to undermine President Trump, after all.

MSNBC’s Joy Reid, for example, admittedly one of the worst of the worst, speculated about what might happen should the president refuse to allow himself to be arrested by federal marshals. Note that there is no evidence that there is anything to arrest him for, but never mind. This is Future News. “What if he refuses to open the White House door? What if he fires any Secret Service agent who would allow the federal marshals in? What if Donald Trump simply decides, ‘I don’t have to follow the law? I refuse to be held under the law. No marshal can get into this White House and any Secret Service agent who defies me is fired,'” she asked.

Today I am reading that Michael Cohen might have incriminating tapes of Donald Trump saying incriminating things. Yes, and he might have 12 toes and three nipples, too. Cohen apparently surreptitiously taped some of his conversations. Now, it is true that Cohen is a uniquely sleazy lawyer, but surreptitiously taping a client is a serious legal ethics breach that would pretty much end his career, not to mention his bar license, it it were proven. Never mind though: what if he taped Trump having sex with a marmot? What if he taped the President speaking Russian?

What might happen isn’t news. There are exceptions, but extensive concentration of speculation and projections, as with the Russian investigation coverage, is misleading and unethical journalism.

2. Incompetent prosecution to the rescue! For some reason, Bill Cosby’s prosecutors, allowed to choose from the more than 70 alleged victims of the serial sexual predator a representative five to show his  modus operandi that victimized Andrea Constand, chose Janice Dickinson, an aging ex-model, huckster, reality show star and publicity hound with the approximate trustworthiness and credibility of Stormy Daniels. Continue reading →

Morning Ethics Warm-Up, April 12, 2018: Mistakes, Senators, Survivors, The Pope And Cosby

Good morning!

(I’m in a good mood because this happened last night…)

1. Incompetent elected officials of the month…From Reason:

On Tuesday, the Senate Judiciary and Commerce, Science, and Transportation committees grilled Facebook CEO Mark Zuckerberg about the company’s insufficient efforts to protect users’ personal data…

Sen. Roy Blunt, (R–Mo.) … didn’t seem to understand that Facebook lacks a means of accessing information from other apps unless users specifically opt in…. Sen. Roger Wicker (R–Miss.) needed a lot of clarification on how Facebook Messenger interacts with cellular service. Zuckerberg had to carefully explain to Sen. Brian Schatz (D–Hawaii) that WhatsApp is encrypted, and Facebook can’t read, let alone monetize, the information people exchange using that service. Zuckerberg had to explain to multiple senators, including Sen. Dean Heller (R–Nev.), that Facebook doesn’t technically sell its data: The ad companies don’t get to see the raw information. Sen. Patrick Leahy (D–Vt.) brought along a poster on which his office had printed out images of various Facebook pages. Leahy asked whether these were Russian propaganda groups. “Senator, are you asking about those specifically?” Zuckerberg asked. He of course had no way of knowing what was going on with those specific pages, just from looking at pictures of them….Sen. Amy Klobuchar (D–Minn.) offered this metaphor: “the way I explain it to my constituents is that if someone breaks into my apartment with a crowbar and takes my stuff, it’s just like if the manager gave them the keys.” But …Facebook didn’t willfully assist in a crime. …Sen. Debbie Fischer (R–Neb.) didn’t understand, at a fundamental level, that if you’re using Facebook, you have agreed to let Facebook know a lot of information about you. Sen. Lindsey Graham (R–S.C.) asked whether Facebook had any major competitors. …

 

This is a theme of regulation, rules and laws in the cyber age: the officials responsible for regulating the uses and abuses of technology don’t use the technology involved, don’t understand it, aren’t willing to take the time to learn, and are apparently not even aware of how irresponsible and incompetent this is, how stupid and lazy it makes them look, and how it undermines the public trust.

2. But don’t worry…In his testimony, Zuckerberg said that Facebook was working on a way to ban “hate speech.” I can’t wait to see what the left-wing crypto-fascists who run the Big Tech giants consider “hate speech.”  Actually, we have some pretty good clues. Facebook silenced pro-Trump video-bloggers “Diamond and Silk,” deeming their political content “unsafe to the community.” Continue reading →

Comment Of The Day: “Ethics Quiz: Harvard And Evangelicals”

Here is yet another Comment of the Day, this one by Alexei, on the post, Ethics Quiz: Harvard And Evangelicals:

I’d say Harvard is not on solid ethical ground. This organization can say the leader was deposed, because she lost the trust of her organization’s members and became inconsistent with their group values. No one is entitled to a leadership position, especially if you lose the full faith and credit of your organization. I wonder if Harvard would also ban the Muslim Students Alliance (I bet they have one) if their leader converts to Judaism, Christianity, or worse becomes an atheist, or even comes out as homosexual. I think they would certainly have grounds for deposing their leadership under such a circumstance. I think you can come up with a lot of examples similar to this.

What if the leader of the Future Female lawyer club says they are now a man. Grounds for dismissal.

The leader of the German Speakers Club forsakes German and starts to have meetings speaking French. Grounds for dismissal.

The leader of the Feminist Club comes out as pro-life. Grounds for dismissal.

Legally, Harvard can probably do whatever they want. But it’s a bad precedent for educating our future thought leaders and political leaders. It goes against the spirit of freedom of speech, association and religion. If we all disregard these freedoms, then we are a stone’s throw away from scrapping them from our laws as well.

Ethics Self-Warm-Up, 4/8/2018: An Ethics Alarms Experiment

My gallant crew, Good Morning!

The combination of the 45th Anniversary of the Gilbert & Sullivan performing organization I founded as 1L student at Georgetown and some unusually complex ethics problems tosses to me by some law firm clients have conspired to put me out of action until this afternoon.

I’m opening this post up to commentary on any ethics issue you please. Stay on topic, please, and be civil.

Comment Of The Day: “Ethics Quiz: Harvard And Evangelicals”

 

 The theological discussions that periodically break out on Ethics Alarms are always interesting. Naturally the question of whether seeking out a same-sex relationship justified expelling an officer in an evangelical Christian student group at Harvard sparked one. Here is Rich in Ct’s Comment of the Day on the post, “Ethics Quiz: Harvard And Evangelicals”:

“Given that someone other than Jesus Christ created the ideology then I cannot automatically believe that proscriptions against said choices are in fact Christ’s teachings. Much of those ideas are old testament ones. Christ’s teachings obliterated many of those old testament ideas.”

It is a fallacy to make these two unrelated but true statements (that Christ did not address homosexuality, and that Christ negated much of the Old Testament), and imply that the current ideology that homosexuals must abstain is inconsistent with Christ’s teachings. It is also a bit weaselly to say that you cannot “automatically believe” one way or the other, but not examine readily available arguments.

Stipulated: I am only arguing what Christianity historically teaches, not whether Christianity is correct or should be accommodated by Harvard or society at large; my goal is only to point out inconsistent theology and history. In the broader context here, understanding what Christ taught and teachings are inferred is important to understand the particular motivation for the student group.

At a minimum, the bible was not written in a vacuum, but within a living culture. The gospels and epistles were written for specific audiences, to address the particular concerns of those groups, not rotely restate what was already collectively understood. Luke, for instance, was addressed to Theophilos (his most excellency). That Jesus Christ was not recorded as addressing a particular topic just means that the gospel authors did not think it needed to be clarified. There is even a catch-all at the end of John stating as much:

“Now there are also many other things that Jesus did. Were every one of them to be written, I suppose that the world itself could not contain the books that would be written”.

This is not an esoteric concept. We live in our own collective culture. In constitutional law, for instance, justices routinely review contemporary sources to infer the framer’s intent. When we look at the Second Amendment, it was written at time when a rag-tag group of colonies resisted the greatest empire the world had seen to date. When interpreting “the right of the people to keep and bear arms shall not be infringed“, it very clearly echos the Declaration of Independence:

“That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it,…”

The right of the people to resist their government as a last resort cannot reasonably be preserved if weapons are only guaranteed to a “militia” not elsewhere defined in the constitution. The Second Amendment can only be interpreted to mean something else if one ignores the culture and contemporary events that motivated it.

When we look at theology, we must interpret the topics discussed by Christ and the biblical authors in light of earlier theological works. To infer his teachings regarding homosexuality, we must look at his words regarding similar topics, and their relationship with Old Testaments view of homosexuality. Specifically, if we look at Christ’s teachings regarding sex, marriage, and lust, Christ act actually clamps down, rather than liberates. He abolishes Mosaic Divorce, binding married couples for life “what god has joined let no man put asunder”.

This must be interpreted within the Jewish culture; if men and woman are now bound for life, but if as stated in the Old Testament “If a man lies with a male as with a woman, both of them have committed an abomination;” it stands to reason that if the man laying with a woman portion of the law were tightened by Christ, then the man lying with a man part were not likely loosened.

However the second part of that line, “they shall surely be put to death; their blood is upon them….” must be equally reinterpreted in light of Christ’s mercy towards the adulterous, the violator of the vary portion of the law he tightened:

“(Let He Who is without Sin cast the First Stone) Woman, where are your accusers? Has no one condemned you?” – “No one, Lord,” she answered. – “Then neither do I condemn you,” Jesus declared. “Now go and sin no more.”

The theologically sound conclusion might be that Christ did not approve of homosexual behavior, but demanded that mercy be shown to them. Continue reading →