Ethics Quote Of The Week (“Believe It or Not!” Division): The 2nd U.S. Circuit Court of Appeals

“We fail to see any reasonable connection between this defendant, his conviction more than a decade ago, his failure to fill out paperwork, and the government-mandated measurement of his penis.”

—- The 2nd U.S. Circuit Court of Appeals, rejecting as “extraordinarily invasive”a Vermont sex offender treatment program that required David McLaurin, who was convicted of producing child pornography, to submit to “penile stimulation treatment” as a condition for supervised release. He was shown child pornography images as the blood flow to his penis was measured.

Cheer up, Alex...it could be worse, You could be in Vermont...

Cheer up, Alex…it could be worse, You could be in Vermont…

McLaurin was arrested in 2011 for violating the federal Sex Offender Registration and Notification Act, which requires offenders to register and keep current their address information. He  received a sentence of 15 months imprisonment with five years of supervised release.

“The size of the erection is, we are told, of interest to government officials because it ostensibly correlates with the extent to which the subject continues to be aroused by the pornographic images,” the opinion states, dryly. The testing was apparently developed by a Czech psychiatrist and used by the Czech government as a way to identify and “cure” homosexuals.

Uh, yes, I’d say the court got this one right.

Unbelievable.

______________________

Facts: ABA Journal

 

 

Ethics Dunce: “Saturday Night Live” Cast Member Jay Pharoah

Maya Rudolph being Oprah, being funny, and nothing else should matter.

Maya Rudolph being Oprah, being funny, and nothing else should matter.

In a spontaneous call for more black cast members to be added to NBC’s long-running late-night satire show, “Saturday Night Live,”  veteran cast member Jay Pharoah told an entertainment reporter that he wanted the producers to add actress Darmira Brunson. “Why do I think she should be on the show? Because she’s black first of all, and she’s really talented,” Pharoah said. “She’s amazing. She needs to be on ‘SNL.'”

By logic, rights and justice, Pharoah should be fired for such a statement. He is pushing his show, and therefore his producers and his bosses, into a controversy that they neither want, need, nor deserve. Sure enough, his comments have already ignited debate and commentary in major dailies and in the blogosphere. He can’t be fired, of course—no producer in Hollywood would dare fire a black performer for advocating politically correct causes like diversity and affirmative action, no matter how inappropriate and unfair his comments were—and Pharoah knows that. Breaking reasonable rules of the workplace—criticizing your own boss in public and causing trouble for your employer are pretty basic taboos—because you know you’re immune from punishment doesn’t make the conduct any better.

He’s not the producer, and casting isn’t part of his job. To announce his own candidate for a hire is as outrageous and out-of-bounds as for a Pentagon general to tell reporters who President Obama should appoint as his Secretary of Defense.

Then there is the  statement itself, which in the context of entertainment and show business, is an endorsement of racial bias and discrimination, even more than with most workplace diversity and affirmative action advocacy. “Because she’s black first of all?” First of all must only be “because she’s funny, and the funniest female comic available.” Saturday Night Live’s goal, which it fitfully achieves, is to make its audience laugh. If Brunson is the best performer to accomplish that, then it makes sense to hire her. Her skin color is irrelevant, except to the extent that it opens up comic opportunities for the show. Otherwise, Brunson is pressuring his employers to hire Brunson over  superior white, Hispanic or Asian performers because of some theoretical diversity formula.

The resulting media focus on the imaginary problem to which Pharoah’s comments alluded is full of reflections, names and statistics, but the basic facts are these:

  • Professional performance comedy is completely utilitarian: if a cast entirely made up of black performers of any gender mix could be shown to be the optimum way to get laughs, ratings and make money for the network and SNL’s producers, that’s what we would have.
  • A funny, talented, improvisational skilled black actress has obvious benefits for a weekly satire show, as the reign of Maya Rudolph amply demonstrated.  There is no reason to presume that the producers would not immediately hire such a performer if one was available.
  • The pool of top-rate improvisational comic actors in general isn’t large (if it were, SNL would be funny more often), the pool of such performers who are African-American is much smaller, and the number of female black improvisational comics is tiny. When the African-American Wayans brothers wrote and produced their own satire show (Jim Carrey was the token white), they included only one full-time black female in the cast, and she was their sister (also the weak link in the cast.)

We can argue about the general principle of affirmative action at another time and place, but applying them to entertainment, sports or any field that must be a pure meritocracy is irresponsible and unfair. Saturday Night Live “needs” funny, talented performers who its audience finds funny…like, say, Eddie Murray. It does not need any black performer, male or female, just to have more black performers, and to take away performing and career opportunities from superior performers whose sole deficit is skin color or ethnicity while simultaneously getting fewer laughs and lower ratings.

Oddly, nobody has ever argued that Saturday Night Live discriminates against improvisational comic actors over the age of 35. Only once has it cast an actor of that age—Randy Quaid, in 1985. 1985 was also the most disastrous and unpopular season in the show’s history. Why no middle age or senior cast hires?  The reasons are legion: 1) Improv comedy is demanding physically and psychologically. Few older performers practice it, or are capable of doing it on a regular basis. 2) SNL’s audience is very young (as well as very male and white). Comedy is generational. 3) Older performers are seldom “new faces.” The ensemble’s called the “Not Ready For Prime Time Players” for a reason. 4) Young actors playing older real life figures and comic characters can be funny; old actors playing younger celebrities or characters is seldom funny, and often creepy. Age diversity, in brief, would not improve Saturday Night Live. Diversity is only an asset to the extent that it allows more comic opportunities. The U.S. does not require, not should ikt ask for, a contemporary satire TV show that “looks like America.” What  it needs is a show that is good.

All of which makes Pharoah’s comments irresponsible, unfair, disloyal, and racially offensive.

And not funny.

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Sources: Washington Post, Policy Mic

Graphic: Hello Giggles

Ethics Quiz: Peter’s Problem

40 years from now, would you book Kaitlyn Hunt for your Congressional campaign fundraiser? Should you...if she's become a famous and beloved singer?

40 years from now, would you book Kaitlyn Hunt for your Congressional campaign fundraiser? Should you…if she’s become a famous and beloved singer?

Shelly Stow, an occasional commenter here who blogs provocatively at With Justice For All about the harassment and persecution of former sex offenders, raised the topic of today’s Ethics Quiz. She  posted about the plight of Peter Yarrow, the Peter in Peter, Paul and Mary, now, thanks to cruel mortality, just Peter and Paul. I was not aware of this, but in 1970, when he was 30 and a rather significant star, he had sexual relations with a 14-year-old girl. Shelly is wrong to call this “consensual,” for 14 is statutory rape territory. The law declares that a 14-year girl is a child and not capable of meaningful consent, and fans of  Roman Polanski, Woody Allen and Kaitlyn Hunt notwithstanding, it is quite right. He pled guilty to something less than rape, and served a three-month sentence; he is also, as a result, a registered sex offender. President Jimmy Carter pardoned him in 1981.

Yarrow, as Sixties folk singers tend to be, is a social activist, and is politically active as well. Not for the first time, his child molesting past became an issue recently when he  agreed to sing at a campaign event for Martha Robertson, a Democrat running for Congress in New York against incumbent Republican Tom Reed. A spokesman for the RNC told the media,

“It is absolutely deplorable that Martha Robertson would kick off her congressional campaign by having a convicted sex offender headline her fundraiser. If Robertson’s judgment is so bad that she would even entertain the idea of raising money with a man who molested a 14-year-old girl, she has no business representing the people of the 23rd District of New York in Congress.”

He also said Robertson should cancel the fundraiser and return any money she raised with Yarrow’s support.

Shelly writes,

“What is wrong with this scenario? Our criminal justice system is comprised of one part punishment and one part rehabilitation. The purpose of the punishment is to bring about rehabilitation. Sometimes it works like it is supposed to. Mr. Yarrow committed a crime in 1969. That is over 40 years ago. He served his court ordered punishment, and in light of the fact that there has been no re-offense in over 40 years, I think we are safe in declaring him rehabilitated. Everything worked just like it is supposed to. What then is the problem? Is rehabilitation not good enough for some? Is there some other standard of measure needed?”

This launches the Ethics Alarms Ethics Quiz for this weekend, which I will phrase this way:

Is it unfair for Peter Yarrow to still face criticism, suspicion and condemnation based on his crime of 40 years ago, for which he has been both punished and pardoned?

For this one, I am not at all certain of the answer, and will be very interested in your responses, not that I am not always.

Here are some of the considerations that have me, to paraphrase the title of one of the hit pop songs Mr. Yarrow helped to write, “Torn Between Two Answers.” Continue reading →

Are Universities Ethically Obligated To Tolerate Professors Who Embarrass Them By Saying Idiotic And Offensive Things?

Apparently the answer to the above is “Yes.”

"Duh!"

“Duh!”

If the university is a state school, then for it to fire a professor who makes ridiculous, foolish or hateful statements that make people wonder why they should ever entrust the minds of their tender charges into an institution that would knowingly hire cretins and jackasses to pollute student RNA, then this is probably a First Amendment violation, since it amounts to the government punishing speech and chilling free expression. If, on the other hand, the university involved is not a state school, then to send a professor packing because he or she has rammed his or her foot down his or her throat up to the knee is a violation of the crucial principle of academic freedom, which is, in brief, that to encourage the free discussion of ideas on a college campus, education being the purpose of the institution, literally no idea, point of view or position should be blocked or chilled by substantive negative action.

Three cases of recent vintage illustrate the university’s plight: Continue reading →

Cher’s Ethics Tweets

Lan 159

Earlier this week, Cher used her interview with USA to take some well-aimed pot-shots at Miley Cyrus’s universally loathed “twerking” antics on the MTV Awards show. She said of Cyrus

“”I’m not old fashioned. She could have come out naked, and if she’d just rocked the house, I would have said, ‘You go, girl.’ She could have come out naked, and if she’d just rocked the house, I would have said, ‘You go, girl.’ It just wasn’t done well. She can’t dance, her body looked like hell, the song wasn’t great, one cheek was hanging out. And, chick, don’t stick out your tongue if it’s coated. If you’re going to go that far, then think about it before you do it.“

These are wise words from a veteran and proven performing star to a young one on the way up, or heading for a crash. Essentially, Cher is stating the principles of professionalism: whatever you do, do it right, do it well, and respect your constituency. Cher has the bona fides to offer such an opinion since she has stretched the lines of sexual propriety on stage more than once, but it was always used as an additional enhancement on the way to her “rocking the house.”

The legendary pop diva was apparently surprised that her comments became a one-day sensation on the gossip websites and cable entertainment shows, and  had second thoughts about them, which she communicated in a couple of tweets to the Twitterverse. In Cher-ese, they are all about ethics:

Chers Tweets

Translation: Continue reading →

Rejecting Mob Justice Even When The Mob Is Right: Ethical And Necessary

The Taco Bell employee-to-be,

The Taco Bell employee-to-be,

Prediction: Those who don’t comprehend the George Zimmerman verdict will never understand this one. Yet it is absolutely right and necessary in every way.

Summary: The Montana Supreme Court blocked an incompetent judge from changing an offensive and inexcusably inadequate sentence for a serious crime, because he was trying to do so as the result of public criticism.

Background: Judge G. Todd Baugh, an elected district judge in Montana’s Yellowstone County, sentenced  former high school teacher Stacey Dean Rambold to 15 years in prison with all but 31 days suspended—that’s one lousy month, friends— for having sexual intercourse without consent, also known as rape, with a 14-year-old female student (the teacher was 49 at the time) who later committed suicide while the case was pending. The judge, who appears to be an idiot (he later said that he can’t imagine what came over him) explained his decision at the time by saying that the underaged victim of the statutory rape was “older than her chronological age” and had “as much control of the situation” as the teacher.

Beginning with the late student’s mother, who reacted to the absurd sentence by screaming “You suck!” at the judge (Excellent diagnosis, by the way) and storming out of the courtroom, the ridiculous verdict caused an overwhelming backlash of negative public sentiment that spread nationwide. There was so much wrong with the sentence and the way it was arrived at that the mind, and conscience, boggles: Continue reading →

“Mild Pedophilia” and Richard Dawkins’ Ethical Blind Spot

"Bobby, do you thinkthere's anything wrong with mild pedophilia?"

“Bobby, do you think there’s anything wrong with mild pedophilia?”

When you are a public intellectual and your primary mission is using reason and scholarship to enlighten the public, you have an obligation to guard scrupulously against making careless,  irresponsible or easily misunderstood statements that will be accepted as inspired wisdom by the less analytically able. Or to be more direct, if you are Richard Dawkins and because of some serious neural malfunction you really think that there is such a thing as “mild pedophilia,” you want to ever to be taken seriously again, shut up about it.

Dawkins, for reasons only known to himself, used a wide-ranging  interview to airily wax on about what he regards as his contact with a harmless child-molester.  Reminiscing about his  days at a boarding school,  he recounted how one of his schoolmasters “pulled me on his knee and put his hand inside my shorts.” Noting that other children in his school peer group had been molested by the same teacher, he concluded: “I don’t think he did any of us lasting harm.”
The world’s most famous atheist explained, “I am very conscious that you can’t condemn people of an earlier era by the standards of ours. Just as we don’t look back at the 18th and 19th centuries and condemn people for racism in the same way as we would condemn a modern person for racism, I look back a few decades to my childhood and see things like caning, like mild pedophilia, and can’t find it in me to condemn it by the same standards as I or anyone would today.”

What (in the name of Holy Hell) is “mild pedophilia”? Dawkins went on to say that the most notorious cases of pedophilia involve rape and even murder and should not be bracketed with what he called “just mild touching up.”

“Mild pedophilia”? “Just mild touching up’? This from one of the most respected minds in the cosmos? Continue reading →

“Ethics Dunces Assemble!” Supporting Vigilante Justice In The U.S.

“You know…morons.”— The Waco Kid, “Blazing Saddles.”

This really does explain a lot…

The Waco Kid’s (Gene Wilder) sage description of “the common clay” to Sheriff Bart (Cleavon Little) when the latter was devastated by his treatment at the hands of the good (but  racist) citizens of Rock Ridge often comes to mind in times like this, when I see a large portion of the public, pundits and the media taking a position that is not merely ethically indefensible, but suggestive of brain death.

Such a position is the rush to rally around Emilio Chavez III, an understandably enraged father who caught a naked peeping Tom masturbating outside his  teenaged daughters’ bedroom window. From media reports:

“Police said Emilio Chavez III, his brother and a family friend beat the alleged peeper, Dylan Maho, 29, so badly that he was hospitalized, a local television station reported. The district attorney wants to charge Mr. Chavez with aggravated battery, a third-degree felony that could land him in jail for three years…Mr. Maho is in stable condition at the hospital and will be charged with voyeurism, a fourth-degree felony that only brings between one and two years of jail time.”

The headlines in the majority of national news sources—all what the mainstream media would call “the conservative media”— that have covered this story, for this is the feature of the incident that they deem makes it “national news,” is the “Believe It or Not!” angle that so backward are the priorities of the U.S. justice system that the father will face harsher punishment for his conduct than the sick pervert will for his! Here’s passage and quote included in most of the reports:

“Community members voiced their outrage and sympathy for their neighbor’s plight. ‘There’s a naked man outside his daughter’s window,” Mr. Chavez’s neighbor Bill Morgang told the station. “I think he was well within his rights chasing him down and beating him.”’

The overwhelming majority of the online comments to these news reports agree with Morgang.

From the Washington Times: Continue reading →

Ethics Quiz: RFK Jr.’s Despicable, Private Journal

RFK Jr

News value? We already knew that the acorn doesn’t fall far from the tree—did we need to read RFK, Jr.s diary to prove it?

This is a straightforward one. Apparently a New York Post reporter somehow came into possession of Robert F. Kennedy Jr.’s personal journal for 2001. It is, as I imagine President John F. Kennedy’s journal for, say, 1962 would have been, largely a diary about sex, chronicling RFK Jr.’s battles with and evident enjoyment of the family malady, at least on the male side, sex addiction.

The journal is juicy, to say the least, and it also has a tragic side: allegedly Kennedy’s wife Mary discovered and read it shortly before committing suicide last year. RFK Jr. is a radio talk show host, an author, and something of a conspiracy theorist; he also has participated in the shameful and deadly practice of scaremongering regarding vaccines. He is also a Kennedy with a famous father, so in a small bore, minor way, he is sort of a public figure, on the same scale as, oh, let me think…Joey Buttafucco, of Long Island Lolita infamy? Patrick Wayne, the Duke’s B-movie star son? That’s not quite it…something less than Jon Gosselin, Kate’s abused ex-hubby, and more than Daniel Baldwin, the least of the four Baldwin bros.

Your Ethics Alarms Ethics Quiz is this:

Is it ethical for the news media to acquire and publicize the details of a private journal belonging to a minor celebrity with no  relevance to current events? Continue reading →

This Is The Way It’s Done, Ethics Warriors….Well, ALMOST

Quit being distracting, Triana...

“Quit being so distracting, Triana…”

Deborah Brown Community School in Tulsa, Oklahoma forbids its students from wearing their hair in dreadlocks, afros “and other faddish styles.” Terrence Parker, a barber, challenged the rule by sending his 7-year-old daughter Tiana to class there wearing her hair in dreadlocks. She was told that she could not attend school with her hair in a (stupid and ignorant) rule-violating style. Tiana is now attending another school, while the story, reported on the web in various sources, is holding the school up to well-earned ridicule for a dress code that if not racist in intent, is racist in impact. Eventually, I would think, the school will be shamed into seeing the error of its ways, which is enforcing an inappropriately narrowly-viewed, culturally-biased interpretation of what constitutes a “presentable” hairstyle as opposed to one that might “distract from the respectful and serious atmosphere [the school] strives for.”

This is the way unethical rules get changed. Parker confronted the rule by violating it, and accepted the penalty while publicizing the unjust rule to the greater community, which is making its disapproval known. Continue reading →