Tuesday That Feels Like Monday Ethics Clarifications, 7/6/2021

clarifications

1. What a surprise! Cheating works! Since Major League Baseball decided to enforce its 100 year old rule against doctoring the baseball as pitchers had recently begun using glue to let them throw faster and snap off devastating curve balls, the results have been obvious and significant. In a month since umpires were directed to check, the MLB batting average has gone up by seven points (it was at a record low before the enforcement). Scoring has increased, and several pitchers rumored to be dependent of “the sticky stuff,” notably Yankee All-Star Gerrit Cole, have been hit hard in recent starts. This is because, of the 35 pitchers with the highest four-seam spin rate on June 3, 33 of them saw a decline in spin rate since then by an average drop of 96 RPMs. Consequently, batters aren’t striking out as often.

2. Please clarify: Should I apply the Julie Principle to Maxine Waters? We know she’s an idiot, ignorant, partisan to the point of poisoning democracy and a race-baiting, hateful blight on Congress, her party, the nation and homo sapiens generally. Is there anything accomplished by complaining about Waters acting like Waters, since she’s obviously not going to change? [You can refresh your understanding of the Julie Principle here.] Water was in fine, typical form over the Independence day weekend, blathering as only a fool like her could,

“July 4th … & so, the Declaration of Independence says all men are created equal,” Waters began. “Equal to what? What men? Only white men? Isn’t it something that they wrote this in 1776 when African Americans were enslaved? They weren’t thinking about us then, but we’re thinking about us now!”

Of course, we know that “they” were thinking about black slaves a great deal, as anyone who reads about the debate over the Declaration in the Continental Congress knows. But why should a senior Congresswoman know anything about the founding of the nation? Maxine continued,

“Further, the Dec. of Ind. says we hold these truths to be “self-evident”… yet:

– 17 states have enacted voter suppression laws

– Supreme Court gutted Sec. 5 of the Voting Rights Act

– George Floyd, Breonna Taylor, Michael Brown, Sandra Bland, Tamir Rice

Need I say more? #July4”

No, actually, Maxine, you didn’t even need to say that: we already knew you were a blathering, hateful dummy. But just to clarify:

  • Laws that are intended to ensure the integrity of elections are not “voter suppression laws”
  • The Supreme Court confirmed that the Federal Government should not meddle in state matters except for demonstrable evidence of racial bias, and since the standards in Sec. 5 of the Voting Rights Act were based on the conduct of Southern states through 1964 only (that’s 57 years ago) and thus did not reflect any reforms, changes or improvement, making the law out of date, SCOTUS quite correctly demanded new data and Congressional update. Get to work.
  • There is literally zero evidence that George Floyd, Breonna Taylor, Michael Brown, Sandra Bland, or Tamir Rice met their unfortunate fates because of racial bias.

Or is it silly even to pay attention to Waters’ incurable bile?

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Add “Equity” To The Intentionally Dishonest Cover-Words Being Employed In Progressive Disinformation And Propaganda

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Racism is Equity

Yesterday I was talking with my sister, who worked for years in the Justice Department dealing with the refugee mess, about the intentional use of “immigrant” as a word for “illegal immigrant” in order to warp political debate and confuse the public. She blames ignorant journalists, but then she is something of a progressive, and tends to the Hanlon’s Razor explanation of deliberate deception by what the U.S. now calls “journalism.”

The latest diabolical use of language to justify the unjustifiable is the media’s weaponization of “equity,” which most of the public equates with “equality” thanks to a deficient education system. Equity is the quality of being fair and impartial. In law, equity now means the judicial imposition of measures to prevent damage, as when an ex-employee who agreed otherwise is prevented from competing with a former employer.

A front page article in the New York Times a week ago read “Biden’s Efforts At Race Equity Runs Into Snags,” the “snags” being those evil racist white conservatives. “No part of President Biden’s agenda has been as ambitious as his attempt to place concerns about equity squarely at the center of the federal government’s decision-making,” we are told. But what the article, and many, many other media reports and enthusiastic pundit columns call “equitable decisions” are in fact straight up racial discrimination.

Racial discrimination is not equity and can never be equity, but we are currently under a severe brain-washing effort to make us think otherwise.

From the Times article:

“In late May, Syovata Edari, the owner of CocoVaa Chocolatier in Madison, Wis., was told she would receive $50,000 from Mr. Biden’s government, courtesy of the president’s efforts to ensure that pandemic relief aid for struggling restaurants and food businesses would be distributed equitably. But three weeks later, she instead received an email that broke the bad news: The award had been rescinded thanks to a lawsuit filed on behalf of white restaurant owners that successfully challenged the program’s policy of prioritizing applications from women and people of color. The check she was counting on would not arrive. “It doesn’t surprise me that once again these laws that we fought and died for, that were intended to benefit us — to even the playing field a bit more — are being used against us,” Ms. Edari, who is Black, said, referring to the Constitution’s equal protection clause. “You can’t promise something and then take it back.”

Wow! What breathtaking confusion and hypocrisy! The lawsuit was filed because the government giving benefits to one race and gender and not another for no reason except color and chromosome distribution is a slam-dunk violation of the Constitution’s Equal Protection Clause, and only a cynical and irresponsible administration seeking to create division and racial animus would represent it as otherwise. Eadari is trying to evoke “equity” Bizarro World-style by the assertion that it is “unfair” to “promise something and then take it back.” Thus, in the now routine mental gymnastics of antiracism racism, it is ‘inequitable’ to make an illegal and discriminatory pledge and not follow through on it.

The Times goes on…

“The small-business program that prioritized people like Ms. Edari was forced to change its rules last month after challenges by white Americans who say the policy is racist. And around the country, Republicans are promising to tie the president’s equity efforts to a broader culture war during the 2022 midterm elections, arguing that Mr. Biden is doing the bidding of liberal activists who believe that all white people are racist. On Capitol Hill, the $1.9 trillion relief package Mr. Biden pushed through in March, known as the American Rescue Plan, included money for health care, child care and poverty programs that disproportionately benefit minority groups, underserved communities and women.”

Being a now partisan and completely untrustworthy mouthpiece, neither the reporters nor their editors made any efforts to point out the logical and legal problems with the above, nor to avoid the bias the wording used perpetuates:

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Unethical Tweet Of The Month And Ethics Dunce: ACLU National Legal Director And Georgetown Law Prof. David Cole

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David Cole, ACLU National Legal Director and Professor at Georgetown University Law Center, tweeted in response to the SCOTUS ruling striking down California’s law making it mandatory for non-profits to disclose the names of their biggest donors,

Cole tweet

Gee, that’s funny! The ACLU filed an amicus brief supporting the majority’s decision in AMERICANS FOR PROSPERITY FOUNDATION v. BONTA, ATTORNEY GENERAL OF CALIFORNIA.

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For Ethics Alarms, The Controversy Over The Unmarried Pregnant Art Teacher Is An Easy Call

pregnant teacher

I lost an ethics training client over the issue now raising its ethically-muddled head in New Jersey. Several years ago, during a day long seminar I taught for a teachers association, I stated that a teacher who taught grade school, middle school of high school students while pregnant and unmarried was harming her students, and that responsible school were ethically entitled to make pregnancy outside of marriage grounds for dismissal. Literally all of the attendees were outraged (even the two men in the group), though none could articulate a valid argument against what I said. (“The right to choose!” is not a valid argument in this context.)

I was right, they were wrong. The controversy now over a Catholic school art teacher who is demanding that she should have been able to keep her job despite being pregnant is much easier, or should be.

Victoria Crisitello was an art teacher at the New Jersey’s St. Theresa elementary school in Kenilworth. In the course of negotiating for a raise, she mentioned that she was having a baby. Weeks later, she was fired by the principal, a Roman Catholic nun, who explained that she was being terminated “because she was pregnant and unmarried.” “Sex out of wedlock violates a fundamental Catholic belief that the school in this instance felt it could not overlook,” lawyers for St. Theresa’s wrote in a petition to the state Supreme Court. Crisitello’s lawsuit was tossed out by two trial court judges, only to be restored each time when an appeals court sided with the ex-teacher. Now the state’s highest court, acting on an appeal by the school, has agreed review the case, which raises the continuing thorny question about the relationship between the government and religion.

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In Americans For Prosperity Foundation v. Bonta, Supreme Court Conservatives Again Defend The First Amendment As Its Left Approves Of Chilling Speech And Association

08-18-17 Free Speech

How did we get to the point where “liberals” want to chip away at the freedoms of speech and association while conservatives defend it? It’s weird: I’m old enough to remember when those mean old conservatives were always trying to silence dissent, not to mention vulgarity and violent TV shows and movies.

But in the final day of the Supreme Court’s term, the 6-3 conservative majority ruled that California—from which all terrible ideas now seem to flow— may not require charities soliciting contributions in the state to report the identities of their major donors. The law was opposed by very unconservative voices like those of ACLU to the NAACP Legal Defense and Educational Fund, and one would think that the alleged liberals on the court would immediately recognize how the law could and would chill free speech. Or don’t they pay attention to the incidents where CEOs have been run out of their jobs for contributing money to anti-gay marriage organizations, to name just one example? It would seem not. This is also weird, for the cancel culture has made simply stating an opinion that contradicts the Woke Borg perilous to one’s career, personal relationships and safety. Is it overly conspiracy-minded to suggest that progressives want it that way, particularly with their success at making wiggly-spined Americans who would make Patrick Henry retch grovel for forgiveness.

Chief Justice Roberts neatly summarized the importance of free association, writing,

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Noonish Ethics Battles, 7/1/2021: “Remember Gettysburg” Edition

Gettysburg

July 1 marks the first day of the epic Battle of Gettysburg, which could fairly be celebrated as the beginning of the end for the Confederacy and slavery. Like so many pivotal moments in our history, this one came about by random chance, with Lee’s army and the newly installed Gen. Meade’s Army of the Potomac stumbling into each other in a Pennsylvania country town in 1863. For three days, a bloody and complicated battle engulfed the area, with so many ethics lessons in the process that I fear I won’t be able to cover all of them this week. [ Guest posts on the topic will be welcome!] I am hoping to visit the battlefield again this year—this week will be tough, unfortunately. I will definitely find time this week to watch Ted Turner’s excellent and even-handed film about the battle, highlighted for me by the performances of Jeff Daniels as Joshua Chamberlain, Tom Berrenger as Longstreet, and the late Richard Jordan as General Lewis Armistead, as well as the dramatization of Picket’s Charge, and the score by Randy Edelman.

1. Baseball sexual misconduct notes…A restraining order was taken out against Dodgers pitcher Trevor Bauer, last year’s National League Cy Young winner. Bauer is a sportswriter favorite for his outspoken social media presence and progressive politics, so this will be a blow to the sportswriting woke. The woman making the allegations had what started as a consensual relationship with the pitcher, but in a 67-page document, alleges that Bauer assaulted her on two different occasions, punching her in the face, vagina, and buttocks, sticking his fingers down her throat, and strangling her to the point where she lost consciousness twice, an experience she said she did not consent to. After the second choking episode, the woman awoke to find Bauer punching her in the head and face, inflicting serious injuries. She contacted police, and there is now an active investigation of Bauer by the Pasadena, California police department. If any of her account is true, Bauer faces serious discipline from baseball, which has been (finally) cracking down on domestic abuse by players in recent years.

Also yesterday, MLB suspended the former New York Mets general manager Jared Porter at least the end of the 2022 season.   Porter was fired from the Mets in January after an ESPN investigation revealed that he had harassed a female reporter in 2016 when he worked for the Cubs.

Craig Calcaterra, the lawyer sports pundit, supplied the facts here, and I am grateful for that. I would love to subscribe to his substack newsletter, but every issue I read includes Craig’s apparently incurable progressive bias where it doesn’t belong, and I’m just not paying for that. This time, for example, he cites the Bauer, Porter, and Bill Cosby stories to justify the proposition that “we believe [women] when they say what happened to them,” a stunning thing for a lawyer to say. How Kirsten Gillibrand of him! Later, as if this belongs in a baseball news letter, Craig cheers the death of Donald Rumsfeld as an architect of an “Illegal and immoral” war.

All war is immoral to some extent, but the Iraq War, while in hindsight a mistake, was not illegal except in left-wing talking points. Craig should know better, and maybe he does, but in any event, foreign policy and international law are not his areas of expertise. The degree to which wokism has rotted his brain also shows up in his inclusion of an insulting trigger warning before his account of the Bauer allegations: “Warning: the following contains allegations of sexual assault and violence that may be difficult to read.” Oh for heaven’s sake: “Finnegan’s Wake” is difficult to read. News is life: stop treating adults like children.

You can subscribe to Craig’s excellent baseball observations and juvenile political commentary here.

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Comment Of The Day: “Comment Of The Day: ‘Unethical Tweet Of The Month: The Portland Police Bureau'”

Police Trust

Woke up with a bang this morning at 4:45 remembering that I hadn’t posted this Comment of the Day on this Comment of the Day, (by Extradimensional Cephalopod ) regarding the Ethics Alarms commentary about the Portland police staving off another police shooting riot with a tweet saying, in essence, “It’s OK, the guy we shot was white!”

Here it is, by Humble Talent, who included a wistful nod to departed but not forgotten EA commenter Charles Green. This is, I believe, Humble Talent’s 35th Comment of the Day.

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“The urge to do violence without having first gathered all relevant facts comes from fear, which comes from mistrust. In order to build trust, you first have to set mutual expectations, and then demonstrate you will fulfill them even when it’s costly.”

This is a great way to look at it. It’s kind of unfortunate that Charles Green left the site, because as stubbornly, blindingly, partisan as he is, he is literally in the business of building trust, and I think it would have been interesting to hear his take on what the first steps towards establishing trust would look like.

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Down The Slippery Slope To Lawyer Censorship: First Giuliani, And Now This

silence

Rudy Giuliani, as discussed here, was just suspended from the practice of law on the basis of out of courts statements that the New York bar disagrees with, while representing a client they hate (Donald Trump), using a standard that has never been applied to a lawyer before.

Yet what was just done to South Carolina lawyer David Paul Traywick by the state Supreme Court was even worse, and more ominous. The Court ordered his suspension from the practice of law based on social media posts that were pure opinion, and that had no connection to the practice of law at all. Traywick lost his license for six months. He will also have to complete at least one hour of diversity education, undergo an anger management assessment, submit to an evaluation through the South Carolina Bar program Lawyers Helping Lawyers, and comply for one year with any treatment recommended by “re-education” authorities.

The Court felt justified punishing him after the South Carolina Office of Disciplinary Counsel received complaints from 46 people about Traywick’s Facebook posts. The posts were accessible to the public, and his profile identified himself as a lawyer while mentioning his law firm his law firm.

The Court found twelve posts by Traywick “troubling.”I will interject here that an individual’s statement on social media are none of a court’s business, indeed none of its damn business, unless they are libelous or criminal, or evidence in a case before it. None of the posts fit into those categories. Two of the posts nonetheless triggered the suspension:

  • On April 5, 2020, Traywick posted what the Court calls “an offensive comment regarding tattoos,” apparently so offensive the the opinion won’t even enlighten us to what it was. After whatever it was he was saying about tattoos, which could have only been an opinion, he  challenged his readers, “Prove me wrong. Pro tip: you can’t.” In a subsequent post in response to a comment, he wrote, “The general statement has exceptions, such as for bikers, sailors, convicts or infantry. But these college educated, liberal suburbanites. No, the rule was written for these boring mother fuckers. And they are everywhere. Fuck em. Especially these females, Jesus Christ!”
  • On June 3, 2020, at the peak of the George Floyd Freakout, they lawyer posted, also on Facebook,  “Here’s how much that shitstain’s life actually mattered: Stock futures up. Markets moved higher Monday and Tuesday. Fuck you. Unfriend me.“

By no stretch of the imagination or the Rules of Professional Conduct do those statements justify suspending a lawyer’s right to practice law. It is protected speech under the First Amendment. It does not involve the practice of law. The comments are profane, but profanity is not grounds for discipline out of a legal context. They are vulgar, but the same hold with those. They may offend readers, but nobody is forcing readers to follow this jerk. The lawyer appears, based on his comments, to be an asshole, but being an asshole is not a disqualification for practicing law. It is often an asset, some might say. He may have been lying, but not in any way that could be linked to his trustworthiness as a lawyer, and lies are also protected speech unless they constitute fraud or perjury.

Yet the Court wrote,

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KABOOM! The New York Times Op-Ed Page Is Trying To Kill Me (And, Apparently, The USA)

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Once again, we have an opinion piece that an objective, serious newspaper that respects it readers and is committed to the idea of promoting good government and a responsible citizenry would read upon submission and say, politely holding back giggles, “Come on! We can’t print this: it’s ridiculous.” Not only that, but the author, Christina Greer, is actually employed by a university to pass along her brand of “reasoning” and “analysis” to innocent, unsuspecting students, who pay for the privilege. She’s an associate professor of political science at Fordham.

I hate beginning the day with dire thoughts of hurling myself into a woodchipper in despair. It’s been happening a lot lately.

This is the title: “Dear Kamala Harris: It’s a Trap!” And this is its thesis: Mean, possibly sexist and racist President Biden is setting up the Vice-President to fail by giving her really hard assignments that she isn’t qualified to pull off, and this is likely to adversely affect her chances of being elected President. No, I’m serious: I wouldn’t make that up. I couldn’t make that up. Prof. Greer really argues that in an essay that tries to turn so many basic premises of political and social reality on their metaphorical heads, it made MY head blow up. [Once again, much gratitude is due to reader Steve Witherspoon, who constructed that GIF.)

Here is the crux of her argument:

“Addressing the root causes of migration is one of several jobs President Biden has handed Ms. Harris, who had no deep expertise with Latin America issues or the decades-long quandary of federal immigration reform. He has also asked her to lead the administration’s voting-rights efforts, which are in a filibuster limbo. According to The Times, he has her working on combating vaccine hesitancy and fighting for policing reform, too, among other uphill battles….

“Ms. Harris, at this point, can’t seem to win for trying. She is a historic yet inexperienced vice president who is taking on work that can easily backfire as so many people sit in judgment, with critics sniping (especially right-wing commentators) and allies spinning (like with official statements about “success”).

“And all the while, the clock is ticking. Most political observers think that if Mr. Biden decides not to run for re-election in 2024 (when he will be 81), Ms. Harris most definitely will. He had to know that in choosing her as his vice president, he was making her his heir apparent. But based on how things look now, her work as his No. 2 could end up being baggage more than a boon. Mr. Biden and his team aren’t giving her chances to get some wins and more experience on her ledger. Rather, it’s the hardest of the hard stuff.”

The translation for “historic but inexperienced” is “unqualified.” Being a historic VP is just box-checking. It doesn’t get the job done, and there is no excuse for making “historic” a candidate’s only asset, which is definitely the case with Kamala. (Electing a wombat, a coma victim, or a lawn chair would also be historic.) Harris has no executive experience. She was a prosecutor, and a pretty bad one, who rose in California politics by sleeping with a powerful pol. Joe Biden chose her as his running mate because his party had painted itself into a corner and decided that it was more important that he have a female, sort-of black running mate than someone actually qulaified to be President. She prevailed because the alternatives—Stacey Abrams was the least horrible of her competition— were even worse than she was. She was chosen entirely for her lack of a y chromosome and her skin shade, even though it was clear, or should have been, that Biden would be the most fragile President elected since an irresponsible FDR ran for a fourth term knowing he was a goner.

I shouldn’t have to explain this to a political science professor, but being President of the United States is hard. Being delegated difficult aspects of it is an opportunity for a competent VP to show that she is capable of handling the challenge, and any individual in the position of Vice-President should relish the chance. If the Vice-President isn’t up to any task under the President’s list of responsibilities, then she wasn’t qualified to be in the job in the first place. I cannot imagine Greer’s complaint being made on behalf of Teddy Roosevelt, Richard Nixon, Adlai Stevenson, Lyndon Johnson, Hubert Humphrey, George H.W., Bush, Al Gore, Dick Cheney and many other previous VPs; it would be an insult. She appears to think that the objective is to sneak an unqualified, certified screw-up into the White House for the same reason she was allowed to run for Vice President, to be “historic.” Somehow, I think most Americans would like a little more reason to place the fate of their nation into a leader’s hands.

Having pre-exploded my head with her basic premise, I was spared later eruptions when Greer suggested that giving poor Kamala tough jobs to handle shows how racist and sexist we all are. Look at this sophistry:

“This country has yet to have an honest conversation and reflection on the ways in which race and gender play out in electoral politics. There are voters who look at Ms. Harris and immediately believe she is unqualified for the job because of her gender, her immigrant parents and the color of her skin. Republicans tend to say the quiet part loud, but if we are being honest, far too many Democrats would never be able to vote for a Black woman at the top of the ticket, no matter how qualified.”

Uh, Professor? Harris isn’t qualified, and your essay makes that clear, not that it already wasn’t obvious. So this is all obfuscation and misdirection. What your essay argues is that voters should favor a candidate who isn’t qualified just because of her gender and color—which is idiotic. Greer blathers on,

“Many white liberals like racial and gender equality in theory but get a little gun-shy when asked to make room at the table for others on a long list of issues — school integration, housing, homelessness, incarceration, policing and executive leadership among them. And for those of you scoffing, ask yourself why you can list almost every major and minor flaw of Hillary Clinton, Kirsten Gillibrand, Elizabeth Warren, Maxine Waters and Alexandria Ocasio-Cortez, to name just a few. Many liberals struggle with issues of gender and race in practice; they may not admit to having a problem with Ms. Harris per se, but many still expect her to conform to certain standards and judge her harshly when she struggles on issues that are difficult to begin with.”

Boy, I’m sure lucky my brains were all over the ceiling before I read THAT paragraph. I can list the major flaws—we don’t need to get to the minor flaws— of Hillary Clinton, Kirsten Gillibrand, Elizabeth Warren, Maxine Waters and Alexandria Ocasio-Cortez (who all have thick files on Ethics Alarms) because I pay attention. Hillary is the best of that terrible group, and she was a candidate for President only because of her husband, ran arguably the worst campaign in American history, and had been a notable failure as Secretary of State.

The nonsense continues; read the rest if you dare. Two final points:

  • If you found yourself guessing the author’s race, you would be right. And articles like this do no favors for the cause of “diversity and inclusion.” The essay, to be blunt, is incompetent and biased, with a female, black scholar making a self-evidently foolish argument driven by her own loyalties. Academics have to be better than that, and if they aren’t, the raise a rebuttable presumption that they were hired for reasons that have nothing to do with their skills, erudition, or the “content of their character.”
  • Hilariously, Ezra Klein, whom we recently visited as he inflicted his own biased distortion of reality on Times readers, found Greer’s analysis spot on, tweeting, “This seems right. Kamala Harris will probably be the Democratic nominee in 24 or 28. Biden’s team should be giving her portfolios that make it likelier she’ll win. Instead they’re giving her impossible problems that will likely become liabilities.”

I’m in a “How could this happen?” mood today, I guess. How did progressives get this stupid and confused? I really can’t understand it. Nobody would have written an op-ed like Greer’s ten years ago. If someone did, it would have never been published, and if the thing were published, it would have been mocked mercilessly across the political spectrum.

Sunrise Ethics Serenade, June 30, 2021: Rot, Tragedy, Justice, Arrogance, And Irony

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1. Evidence that The Great Stupid was upon us in 2019 if only we had been paying attention...My wife, a World War II history buff, was watching the ending credits most recent movie version of “Midway”(2019) when I heard her emit the sound of a wounded animal. This message had flashed across the screen:

“The film is dedicated to the American and Japanese sailors who fought at Midway. The sea remembers its own.”

What…The…Hell? Those Japanese sailors wouldn’t have had to fight at all if their nation hadn’t killed 3,000 American servicemen is a sneak attack six months earlier. Since when do American films salute those who killed Americans? Now I have to check and see whether there was a tribute at the end of “Flight 93” commemorating the brave Al Qida terrorists who died trying to crash a plane into the Capitol.

Equally disturbing is that I recall no mention at all of “Midway’s” offensive coda in reviews of the film, and could find only one mention of it online. I know, I know, American film studios are desperate to pander to foreign markets. That’s not a good enough reason for that disgusting suck-up to a ruthless and racist enemy.

2. This reminds me of my ethical objection to “bucket lists”...Susan Montoya, 65, an assistant principal at Georgia O’Keefe Elementary School in Albuquerque, New Mexico, died when the hot air balloon she was riding in hit power lines and crashed. It was reported that the ride was an item on her “bucket list.” I don’t know who first came up with the idea that human life was just a collection of enumerated experiences and accomplishments like getting a merit badge, or how it became popular, but it’s a narcissistic and wasteful mindset. If you can’t think of anything more productive to do with your life than to treat it like a grocery list, you’ve missed the point.

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