Gender and Sex

Thursday Ethics Thirst-quencher, 8/20/2020: Actually, This Doesn’t Taste So Good….

/ Jack Marshall / 17 Comments

I filled in a gap in my history knowledge today, one I’m embarrassed to have had for so long. I remember being creeped out the first time I heard John Hinckley crooning the song he dedicated to Jodie Foster on her answering machine at Yale. “Ohhh Jodie! Ohhh Jodie! My love will turn you on!” All these years, I thought Hinckley had composed that song in his sick infatuation. Today, almost 40 years later, I found out that he just ripped off a John Lennon song called “Oh Yoko,” which I heard for the first time on the Beatles Channel on Sirius-XM. Am I the only one who didn’t know that? My ignorance is my fault: I would no more listen to anything extolling Yoko than I would voluntarily groove on “William Shatner’s Greatest Hits.”

And what was it about  Beatles compositions that inspired aspiring killers?

1. Yes, this seems rather irresponsible...Here’s a trailer for an upcoming Netflix series:

Over at The American Conservative, columnist Rod Dreher is disgusted, with good reason. He writes in part,

“Twerking their way to stardom. Eleven years old….These are little girls, and this Netflix show has the acting like strippers as a way of finding their way to liberation. What is wrong with these Netflix people? Do they not have children? Do they think our daughters are only valuable insofar as they can cosplay as sluts who are sexually available to men? ….There is nothing politicians can do about this…I hope sometime this fall a Senate committee calls Netflix CEO Reed Hastings] to Capitol Hill and forces him to talk about how proud he is that he has 11 year olds twerking on his degenerate network.”

Continue reading →

Proportionality And The Cancellation Of Thom Brennaman

/ Jack Marshall / 33 Comments

“Proportionality” is an ethical principle, one that has been recognized for centuries.  In the Josephson Institute’s “Six Pillars of Character,” it is included under the “pillar” of Fairness. Plato explained that he concept of ethical retributive justice must be  committed to  three principles:

  • That those who commit wrongful acts deserve to suffer a proportionate punishment;
  • That it is intrinsically morally good if a legitimate authority gives such wrongdoers the punishment they deserve; and
  • That it is morally impermissible to intentionally to punish the innocent, or to inflict disproportionately large punishments on wrongdoers.

This brings us to the case of Thom Brennaman, play-by-play broadcaster for the Cincinnati Reds and the son of retired and revered Marty Brennaman, also a veteran baseball announcer. Last night, Brennaman the Younger was caught on an open mic describing someplace as the  “one of the fag capitals of the world” after the Fox Sports Ohio feed returned from a commercial break in the top of the seventh inning in the first game of a doubleheader at Kansas City. This led the Reds to pull Brennaman off the air after the fifth inning of the second game, and the announcer was quickly suspended.

The team quickly released a statement:

Note “horrific.” That “horrific” word can be heard near the beginning of the famous song above from “Company,” lyrics by Broadway icon Stephen Sondheim (who is gay). To my knowledge, no audience members have ever walked out of a performance upon hearing it. Sondheim, now in his eighties, did recently concoct an alternate lyric for those productions that are determined to be politically correct. He’s a prudent man, I guess. I wish he hadn’t.

The word is apparently so horrific that I had to search all over the web to find out what it was. Most accounts said that the announcer used an “anti-gay slur,” and left it to readers’ imagination what was said. This is crummy, craven, virtue-signaling and incompetent journalism. If the story is about the uproar over a word, a news reporter is obligated to say what the word is. When the ESPN report only said that the word used was “horrific,” I thought it was something I had never heard before. It’s a slur, that’s all. It’s a word. Continue reading →

Mid-Day Ethics Madness, 8/19/2020: Susan B., Fauxahontas, Utah…And “Gordie”

/ Jack Marshall / 19 Comments

When I was looking through the 2012 posts yesterday, ultimately stumbling upon the long discourse about Barack Obama’s disastrous Presidency, I was struck by how, even in an election year, so many non-political ethics issues were discussed here. This is something that was already driving me crazy about 2020. Thanks to the pandemic, there is virtually no popular culture news. Legal ethics news is drastically reduced, as are reports from other sectors of society and culture. In this warped environment, politics spreads like kudzu, or killer bees, or snakeheads—you can choose your favorite invasive species or opportunistic organism analogy. I’m trying, I swear, but my over-all impression looking back on 2012 is that writing, and I presume reading, an ethics commentary blog was a lot more fun.

I’m sorry.

1. Today’s rejected Ethics Alarms comment comes from “Gordie,” was opining on the post on Ellen De Generis’s late hit accuser. He wrote,

Ellen was an a$$ to this boy and shes paying for it now. All you lip huggers need to wake TFU and rejoice when you hear truth no matter how unsavory or unpalatable you find it. Be a bully, get bullied. Dont you all see that Karma train pullin up? And with enough hands to slap every butt as it goes on by toot toot

Observations:

  • Welcome to my world. This is why so few new voices are added to the commentariat here.
  • Does anyone know what a “lip-hugger” is?
  • Tells in the comment that let us know the writer can’t tell an ethics from fuzzy slipper: mentioning “karma,” and the statement, “Be a bully, get bullied.”

2. Here is some non-political legal ethics news, and it’s important, if technical.

Before this week, only the District of Columbia, where I am licensed, allows non-lawyers to be partners in law firms. The majority position in the profession is that non-lawyers inevitably have a different alignment of values from the legally trained, and thus are not likely to be as sensitive to duties to clients, like confidentiality, and conflicts of interest. Pure “investors” are also banned from buying a share of law firm profits, because they are deemed likely to be governed by financial needs and motives rather than the best interests of clients.

When the D.C. bar decided to break the mold decades ago, everyone assumed that other jurisdictions would follow its lead, and soon doctors, engineers, scholars and accountants, among others, would be joining firms and allowing them to add new services. (Europe and Australia already allow  such “multidisciplinary firms.”) It didn’t happen.

Now, however, the dominoes might be starting to fall.  From the ABA Journal: Continue reading →

Addendum: “Now THIS Is “Condign Justice”: The Democrats’ Hypocrisy And Bill Clinton’s Massage”

/ Jack Marshall / 8 Comments

The Clinton spin machine is already trying to minimize the significance of the photo of Bill Clinton being massaged by one of Jeffrey Epstein’s sex slaves, which surfaced just as Clinton was about to speak at the  virtual Democratic National Convention. That spin machine is damn good—after all, it was taught by the best. The narrative, however, is the equivalent of throwing dust in the eyes of observers while they are being blasted by a fog machine.

Here is the current “it depends what the meaning of ‘is’ is” deceit from Clinton’s lackeys, which was kindly provided by a commenter:

  • The woman who was giving him the massage in the photo was 22 years old at the time, not underage.
  • She really was a trained massage therapist.
  • The photo was taken in a public place — an airport — during a trip to Africa for a humanitarian mission, not to Jeffrey Epstein’s pedophile island.
  • Clinton was in the company of several celebrities “who have never been accused of wrongdoing” who believed they were taking part in a genuine charitable event.
  • According to the masseuse, Clinton was charming and sweet and did nothing inappropriate during the trip.

I wrote the following in response, which Zanshin, another veteran commenter, proprly suggests should be buried in the comments, which, sadly, a lot of readers ignore. I’ve edited it slightly: Continue reading →

Now THIS Is “Condign Justice”: The Democrats’ Hypocrisy And Bill Clinton’s Massage

/ Jack Marshall / 18 Comments

Well, as the saying goes, it couldn’t happen to a nicer party.

Yesterday, as the Democrats shook their hypocrisy before America by having Bill Clinton play Star of the Convention, confident that they have so effectively corrupted and misinformed the public (with the help of the complicit news media, natch), that it won’t see anything amiss even at their first gathering since the emergence of #MeToo.  Then, shortly before Bill prepared to bloviate, a series of photographs were published by the Daily Mail showing the ex-President being massaged by one of Jeffrey Epstein’s sex slaves.

Perfect. Continue reading →

A Jumbo For The Ages And Other Ethics Observations on “Jeffrey Epstein: Filthy Rich”

/ Jack Marshall / 18 Comments

For me, the most stunning ethics moment in the Netflix documentary “Jeffrey Epstein: Filthy Rich” was when Prince Andrew, a long-time pal of the late sex-trafficker/billionaire Jeffrey Epstein, appears on camera and engages in a spectacular Jumbo. In a televised interview, the brother of Prince Charles claimed he never met Epstein—though there are photos of the Prince standing with him. He also said he had no recollection of knowing the woman pictured in the photo above, who was one of the under-age girls Epstein sexually exploited and passed around among his friends. The woman in the background is British socialite Ghislaine Maxwell, who served as one of Epstein’s procurers (and who was recently arrested as an accessory to his crimes). Yet when Andrew was asked how he explains the photo if he never had anything to do with the American teenager it shows him with his arm around, he said, incredibly, “I can’t explain it.”

Wow. “Photo? What photo?” “Teenage sex toy? What teenage sex toy?” “Pedophile billionaire? What pedophile billionaire?”

All Jimmy Durante had to deny was the existence of the stolen elephant he was holding at the end of a rope.

Reasonable minds may disagree about the worst ethical breaches on display in the documentary; there are so many. Epstein, of course, was scum—a predator, a sociopath, and a crook. I found no surprises regarding him personally. I also knew that wildly wealthy villains have the ability to corrupt everyone around them, but the supporting cast of the Epstein story provides  bracing reminders, such as… Continue reading →

Now THIS Is The Streisand Syndrome: The Strange Saga Of Professor Bruce Hay

/ Jack Marshall / 18 Comments

You have to go to the links; I can’t do justice to this story without giggling. Primarily, I want to highlight this epic mess because it’s the best example of the Streisand Effect ever, a situation where an attempt to seek redress for an alleged smear brings more publicity to negative details about the supposed victim far beyond  anything the original conduct could have. To make the fiasco more juicy still, here is a Harvard Law professor revealing himself as an utter fool, and engaging in a frivolous—that is, unethical— attempt to use “sexual harassment” to apply to “you used your feminine whiles to manipulate me, and I fell for it.”

Sexual harassment doesn’t mean that.

The hilariously baroque story involves… Continue reading →

Rainy Day Ethics Warm-Up, 8/12/2020: More Ethics Thoughts On Kamala Harris [UPDATED!]

/ Jack Marshall / 19 Comments

I always thought Glenn Yarbrough was the B version of Gene Pitney, who was better. Did you know that Gene Pitney wrote “Hello, Mary Lou (Goodby Heart)” and “He’s a Rebel”? He’s a singer we don’t usually think of as a songwriter, but like the great Bobby Darin, he was a prolific and a successful one who is in the American Songwriters Hall of Fame. Unlike Darin, however, Pitney didn’t record his own songs, saying in one interview that as odd as it sounds, his best songs were not ideal for his own voice and style.

The melody of “Baby the Rain Must Fall” was the creation of Elmer Bernstein, the acclaimed composer of so many classic film scores, like “The Magnificent Seven” and “The Great Escape.”

And thus endeth the pop culture sermon for the day….

More on the scary-horrible Kamala Harris…

1. Well that didn’t take long! Already the narrative is starting that criticism of Kamala Harris is based on racism and sexism, and not her dreadful personality, sketchy past, and career baggage.  Wholly predictable, and designed to keep the public just getting to know Harris from really learning about her by stifling critics. Journalists, of course, can be counted on to stifle themselves when a Democrat has a problematical record.

2. More spin...Dumped “Meet the Press” host David Gregory actually went on the air this morning to say Harris was “the safe choice.” Biden had no safe choices once he was trapped into naming a check-box candidate.  What Gregory meant, I assume, was that she was the least risky in a slate of horrible options. That is true.

3. “How deep is the ocean? How high is the sky?“…I neglected, in last night’s post, to recall this example of Harris’ hypocrisy, from April 2019, when Harris was widely regarded as a frontrunner for the Presidential nomination:

Sen. Kamala Harris (D-Calif.) said Tuesday that she believes women who say they felt uncomfortable after receiving unwanted touching from former Vice President Joe Biden.

“I believe them and I respect them being able to tell their story and having the courage to do it,” Harris said at a presidential campaign event in Nevada.

 

Then, after Harris’s run for the White House flopped and she began stalking the Vice-Presidency, Harris supported Biden and dismissed the accusations of Tara Reade, though she had savaged Brett Kavanaugh based on Dr. Christine Blasey Ford’s far more dubious accusations. I can’t wait to hear how feminists explain that one.

I wonder: Who has the greater integrity vacuum, Elizabeth Warren or Kamala Harris?

Luckily for Harris, if you are “of color,” you can’t be a  hypocrite, or at least no white critic can point out you’re one. Those are the rules… Continue reading →

Observations On Biden’s Choice Of Kamala Harris As His Running Mate [UPDATED]

/ Jack Marshall / 24 Comments

1. Ethics Alarms readers called it! Among those who were willing to choose the least bad of the three choices remaining to Biden, given his mandate to choose a black woman, Harris was the winner.

2. How objectively awful is Kamala Harris? This is the woman Joe Biden placed a heartbeat from the presidency, from the post here of December 3,  2019:

Let us stipulate: the failure of Kamala Harris to thrive in the race for the Democratic nomination for President was not because Democratic voters are racist or sexist.  It is because she was a lousy candidate from the beginning. Checking off boxes is never enough, thank heaven. She is a woman, “of color,” a lawyer and a Senator from a large and powerful state. To top it all off, Harris is relatively young, and attractive. Perfect!

Except it was easy to see that she was an empty suit with a penchant for saying stupid things, often things she couldn’t possibly believe and that contradicted her record as a prosecutor. She said that it was “outrageous” that the Trump administration wanted to deport illegal immigrants who had committed crimes. [Me: “It is not and cannot be “outrageous” to say that any illegal immigrant, criminal or not, qualifies for deportation. To maintain otherwise is to say that the United States cannot enforce its immigration laws, and not only that, it is “outrageous” to enforce the laws. Is that the position of the Democratic Party? “] She said that she supported legalizing pot because it brought people “joy.” You know, like heroin, rape, and child molesting. She said, when Joe Biden correctly pointed out that a President could not ban “assault weapons” by executive order, she responded, “Well, I mean, I would just say, hey, Joe, instead of saying, no, we can’t, let’s say yes, we can.”  Horrified when she saw the exchange,, law prof Ann Althouse wrote, “The transcript cannot convey the feeling and expression in Kamala Harris’s  [ response]. It is so awful, so lightweight and dismissive of constitutional law (and without any of the dignity of constitutional critique.”

There are plenty more catalogued here, and it is hardly exhaustive. Harris flopped because she proved beyond a shadow of a doubt that she was unqualified to be a Senator, much less a President. As if that wasn’t enough, she couldn’t manage her campaign, which had disintegrated into finger-pointing and defections. When Barack Obama was challenged in 2008 over his lack of leadership experience, he cited the success of his campaign. Slim indeed, but  Harris couldn’t even say that.

As the writing on the wall began to be undeniable, Harris stooped to race- and gender baiting, expressing doubts as to whether a “woman of color” could be elected President (in such a racist, sexist nation, she implied.) No, Senator it’s just that you can’t be elected.

Continue reading →

Monday Morning Ethics Warm-Up, 8/10/2020: Stelter Gaslighting, “Neither Rain Nor Snow,” A Good Lawsuit, And Orwellian Marketing [CORRECTED!]

/ Jack Marshall / 14 Comments

Goooood Morning!

The song is from one of my favorite Broadway cast albums. The show (which I directed in college) is something of a mess, but the songs are terrific. Anthony Newley was a talented songwriter (with writing partner Leslie Bricusse) and a triple threat performer who was just a little bit too intense for some people. Among his best known songs with Bricusse are “The Candyman,” “Feelin’ Good” (from “Greasepaint,”) “Gonna Build A  Mountain” and “What Kind of Fool Am I?” (from “Stop the World, I Want To Get Off.” “On a Wonderful Day” is sung on the album by Cyril Richard, whom older readers will remember as the definitive Captain Hook, menacing Mary Martin in the live TV versions of “Peter Pan.”

1. This is wonderfully hilarious. Brian Stelter strikes again. From his CNN show yesterday:

STELTER: “When you see entire media companies essentially exist to tear down Joe Biden, is there an equivalent of that on the left, tearing down Trump?”

GUEST: “There really isn’t.”

Do any CNN viewers really believe this? How much gaslighting can a CNN talking head get away with?

2. Res Ipsa Loquitur. Running a small business trying to struggle through the lockdown when our main income is from live presentations, my wife and I are finding cash flow tougher than ever. Today we were alerted by the USPS that a large check we have been waiting for was delivered two days ago. (It wasn’t.) A few weeks back, we received what looked like an important letter addressed to someone in Spokane, Washington. Yet I will be encouraging voter suppression if I suggest that mail-in ballots are a disastrous idea.

It’s interesting: the same people who insist that the United States is out of step if it doesn’t emulate “other developed nations” in such matters as government health care and banning capital punishment are oddly silent about the overwhelming hostility to voting by mail in Europe. Paul Bedard points out,

Most developed countries, especially in Europe, ban mail-in voting to fight vast fraud and vote buying that had threatened the integrity of their elections, according to an exhaustive review of voting rules and histories in over 30 major nations. In the European Union, 63% have put a ban on mailing in ballots except for citizens living overseas. Another 22% have imposed a ban even for those overseas. And most of those that allow mail-in ballots require some form of photo ID to get one, according to the report from the Crime Prevention Research Center shared with Secrets. “These countries have learned the hard way about what happens when mail-in ballots aren’t secured. They have also discovered how hard it is to detect vote buying when both those buying and selling the votes have an incentive to hide the exchange,” said author John R. Lott, the center’s president.

Meanwhile, we don’t have to rely on Europe’s example to figure out this is a terrible and dangerous idea. From NBC:

More than 1 in 5 mail-in ballots were rejected in New York City during the state primary June 23, the city’s certified election results revealed this week. City election officials rejected 84,000 ballots — 21 percent of all those received by election officials. More than 403,000 ballots were returned to election officials, according to city data, but only about 319,000 absentee ballots were counted, the certified results showed… The U.S. Postal Service, unused to the deluge of prepaid mailers, reportedly left postmarks off ballots, leaving thousands of them to be rejected because it was unclear they were sent on time.

If I were conspiracy-minded, I’d suspect that Democrats want chaos in the November election–all the better to reject the results and take to the streets. Continue reading →