Government & Politics

Let Us Not Allow Pity And Compassion To Obscure The Ethics Lesson Of The Otto Wambier Tragedy

/ Jack Marshall / 44 Comments

Young Otto Warmbier  is back from North Korea, where he had been a prisoner since 2015. The a 22-year-old University of Virginia student was finally returned from the Communist dictatorship in a coma, suffering from “extensive loss of brain tissue in all regions of his brain.” Doctors believe he had sustained his catastrophic brain injury sometime before April 2016.

His heartbroken parents are condemning North Korea and praising the Trump administration, which finally obtained his release. Someone, however, needs to make the crucial point that Otto’s fate was directly due to his own recklessness and bad judgment in engaging in conduct that frequently results in disaster, as well as international tensions and needless cost to U.S. taxpayers.

Otto signed up for a five-day tour of North Korea with  Young Pioneer Tours,  a Chinese company that advertises “budget travel to destinations your mother would rather you stayed away from.” There is a good reason your mother—and your father, and the U.S. State Department—would rather you stayed away from North Korea. The place is a hell-hole run by a power-mad lunatic, and it is not safe. Nobody put a gun to Otto Warmbier’s head and kidnapped him: he decided on his own to defy his government’s warnings, recent history and the sense god gave puppies to deliberately place himself in harm’s way, knowing that many, many similarly misguided citizens have become prisoners, propaganda tools,  pawns or worse because they willfully placed themselves in similar peril as the people who decide to climb into tiger or lion enclosures at zoos.

Warmbier left on his “tour” in December , 2015. He would have had a chance to see “Bridge of Spies” by then: I wonder if he did. You will recall that the history-based plot involved am American student named Fred Pryor, who is one now a renowned comparative economists. Then, however, he was a graduate student in West Berlin who decided it would be a dandy idea to pass through the half-completed Berlin Wall in August, 1961 to attend a lecture and give a copy of his dissertation  to an East Berlin economics professor.  We know he’s a smart guy, but one would think that the fact that the East German government was in the process of sealing in its citizens as prisoners might have alerted him that this was not the time to go visiting.

Sure enough, Pryor was arrested, thrown in jail, and became a bargaining chip in the U-2/Gary Powers/Rudolph Abel negotiations. Had Otto Warmbier seen the film (which Pryor says misrepresents his part of the story), I would think he would  have been a bit more resistant to a sales pitch that said, “This is a great time to visit beautiful North Korea!” Indeed, being 22, presumably literate and of sound mind,  he should have had the knowledge and sense of self-preservation to resist that sales pitch even  if he had never seen any movie in his whole life. Continue reading →

Morning Ethics Warm-Up: 6/16/17

/ Jack Marshall / 35 Comments

1. It looks like Bill Cosby is going to be acquitted, and probably rightly so, though probably for the wrong reason: bias. The jury is deadlocked, and I’d bet my head that one or more hold-outs just can’t accept the fact that that nice Cliff Huxtable would do those horrible things unless the victim consented somehow. Cheat on his wife. maybe. But not that.

Celebrity defendants whose public images are benign begin criminal trials with automatic unreasonable doubt built-in; this is part of the reason O.J. and Robert Blake (“Baretta”) avoided murder convictions. Celebrities with less sterling reputations are not so fortunate: had Bill Cosby been the one who shot a woman he barely knew at his home under strange circumstances, he would have probably been acquitted. Unfortunately for Phil Spector, the pop record producer had a well-established reputation for being nuts. The reasons Cosby can be acquitted for just reasons is that the victim is on record calling and chatting with him dozens of times after she was drugged and sexually assaulted, and because only one of the 50 or so Cosby victims was allowed to testify to show a pattern of behavior. The standard of  proven  guilt beyond a reasonable doubt is intentionally difficult to meet. There is no doubt whatsoever in my mind that Cosby is guilty, and his eventual acquittal won’t change my certainty. Nonetheless, those attacking the verdict and the jurors will be wrong, just as they were with O.J. and Casey Anthony.

2. One more thing regarding Cosby: yesterday I heard a CNN anchor who was about to interview another Cosby victim describe the woman as someone who has accused Bill Cosby of “inappropriate conduct.” The host caught herself, sort of, by adding, after a pause, “to say the least.” The woman claimed she had been raped. Even the anchor couldn’t bring herself to attach to dear, funny, sweet Cos such a heinous crime, so she engaged in craven equivocation. “Inappropriate conduct”?  Belching at the dinner table is inappropriate conduct. Drugging trusting young women and raping them is entirely different.

This is CNN.

 I regard a broadcast news journalist stating that Bill Cosby has been accused of “inappropriate conduct” misleading, incompetent, and fake news. Continue reading →

Comment of the Day: “Morning Ethics Warm-Up: 6/14/17”

/ Jack Marshall / 60 Comments

Some of Ethics Alarms’ most adept and provocative commenters have not authored official Comments of the Day. This is mostly due to the randomness of the selection process, as well as the fact that masters of the long-form have an inherent advantage over those who are more succinct.

I failed to get the Best of Ethics 2016 posted this year, but one of its items is always Commenter of the Year. That honor was going to go to Chris, who not only has been one of the most prolific commenters here since he first dropped by, but also one of the most resilient, forming the bedrock foundation of the Ethics Alarms liberal contingent, which still needs some recruits to balance the teams. Chris’s recognition in the Comment of the Day category does not accurately reflect his value here.

Here is his Comment of the Day on the post, “Morning Ethics Round-Up: 6/14/17, taking off from one of my numbered observations therein. I’ll be back briefly at the end.

Jack: “2. It is astounding to me that so many Democrats deny that there is a liberal (progressive, really) climate of hate.”

This is because when most liberals use the term “hate,” we are referring to prejudice, bigotry, and other forms of unjustified hatred. The term has become closely associated with people who favor oppression: “Hate groups.” “Hate crimes.” “Hate speech.”

But of course, when we liberals hate someone, it’s because they deserve it.

I am going to be completely honest: I hate the current president. I think he’s a terrible person. I think he is doing damage to our country. And, of course, I think he is hateful of others for illegitimate reasons: xenophobia, misogyny, religious hatred…these are all forms of hatred that we universally condemn. But how to go about fighting this type of hatred without succumbing to hatred ourselves?

Hatred is a natural human emotion. We all hate someone. Your Christian grandmother who says “I love all sinners” probably hates one of the other Christian grandmothers at church who says the exact same thing, because that other woman is a judgmental gossip. Hating someone isn’t unethical…but how we process that hatred can be. Continue reading →

Morning Ethics Warm-Up: 6/15/17 [UPDATED]

/ Jack Marshall / 42 Comments

1. Topic for a longer post when I can think hard about it: five officials in Michigan, including the head of the state’s health department, were charged with involuntary manslaughter yesterday in connection with the Flint water fiasco. The use of criminal sanctions based on gross incompetence by public servants is such a slippery slope that I instinctively recoil from it. Unless an official can be shown to have deliberately harmed people, trying officials for crimes when the real “crime” is that they were  stupid, negligent, incompetent or lazy has the whiff of scapegoating about it, will discourage more citizens from entering government service, and is so likely to become a political weapon—especially these days–that abuse of process is almost inevitable. The Flint catastrophe involved culpability at three levels of government, all the way to the EPA. These five officials are criminals, and the rest are—what? Acceptably incompetent?

2. The polarization in the news media and society is such that I find myself hesitating to use material that appears on an openly conservative website,  papers like the Washington Times or New York Post, or Fox News. This, despite the fact that I use the New York Times and the Washington Post more than any other sources, despite the undeniable evidence that their coverage is often partisan and biased. In the current environment where the Left and its allies appear to be circling the wagons, I encounter articles like the one by Megan Fox discussed in the next item and wonder why similar  analysis isn’t  appearing in the Times, the Post, or Vox? It is obviously valid and fair. But it is also critical of the left-biased news media, and so far, that entity is refusing to acknowledge how much harm its abandonment of objectivity is inflicting on the nation. So the analysis appears on a right-biased site, giving half the country an excuse to ignore it, and those who read my related post an excuse to dismiss it, and Ethics Alarms.

Good system. Continue reading →

From The Law vs. Ethics File: The Discriminatory Charlotte Pride Parade

/ Jack Marshall / 89 Comments

Brian Talbert, a member of “Gays for Trump,” submitted  an application to Charlotte Pride, Charlotte’s Gay Pride parade, so they could have a float in this year’s event. His application was rejected, with this explanation:

 

Charlotte Pride reserves the right to decline participation at our events to groups or organizations which do not reflect the mission, vision and values of our organization, as is acknowledged in our parade rules and regulations by all groups at the time of their parade application. In the past, we have made similar decisions to decline participation from other organizations espousing anti-LGBTQ religious or public policy stances.

Charlotte Pride envisions a world in which LGBTQ people are affirmed, respected and included in the full social and civic life of their local communities, free from fear of any discrimination, rejection, and prejudice.

Charlotte Pride invites all individuals, groups, organizations and causes which share our values to join our community’s celebration of the LGBTQ community, history, arts and culture during the Charlotte Pride Festival and Parade, Aug. 26-27, 2017.

In other words, because Charlotte Pride does not support Talbert’s political views, he is being denied the opportunity to present a minority point of view. Constitutional Law prof Eugene Volokh explains why this is entirely legal:

“First, Charlotte and North Carolina do not ban discrimination by parade organizers based on political affiliation. Only a few jurisdictions include political affiliation on their lists of prohibited bases for discrimination.

Second, even if a public accommodation law did ban such discrimination, it couldn’t apply to parades organized by nongovernmental organizations. Such parade organizers have a First Amendment right to exclude groups from their parades based on the messages the groups convey about their members’ sexual orientation, political affiliation, religion, race and whatever else to make sure that a parade conveys just the speech that parade organizers want to convey.”

The precedent Volokh cites for this principle? Why, it’s Supreme Court’s holding in Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston, Inc. (1995), declaring that the organizers of Boston’s St. Patrick’s Day Parade had a First Amendment right to exclude the gay/lesbian/bisexual group.

It seems that many groups advocate diversity, tolerance and fairness until they achieve the power to do their own discrimination. That is, good bigotry. Discriminating against gays is bad.  Gays discriminating against gays who support the President of the United States is good.

Sure it is. Golden Rule? What’s that? This is intolerance, bigotry, a failure of integrity, hypocrisy….and also bullying, as it aims to coerce group members to accept mandated political views that are not their own.

But it’s not illegal, so it’s all right! Continue reading →

Okay, We Know The Shooter Was A Member Of “The Resistance”…Now What?

/ Jack Marshall / 77 Comments

You can now see the shooter’s anti-Trump, pro-Bernie Facebook page, since he has been identified. It’s filling up with so many hate messages so quickly that the thing crashed my browser. In the realm of brazen virtue signaling, writing hateful messages to dead people on their Facebook pages ranks high.

James T. Hodgkinson III, 66 (above), whom the Post formally calls “the suspect” (he was shot while firing at the Republican Congress members who were at their baseball practice) appears to have fit one of the three categories of potential shooters I unfairly, impulsively thought would be responsible for the attack.  He was a member of “the resistance,” the “Not my President” group including many prominent public figures, celebrities, pundits, the Democratic Part leadership, distinguished professional and educators, millions of students  and Hillary Clinton ,who have vowed to undermine, block and remove President Trump by any means necessary, using fear, inflammatory language, rumors, Big Lies, trumped up accusations, absurd legal theories and unprecedented insults and ridicule to poison public opinion.

Hodgkinson could have been a random madman, but he wasn’t.  What does this mean? What conduct does it suggest on the part of the public, the nation and its leaders?

1.  One can credibly argue that it is unfair to connect this incident to the non-stop hate focused on President Trump, and by extension his party, since November 8. One could also credibly argue that man-made pollution hasn’t been proven to influence climate change.

All I know is that I have, as Ethics Alarms documented the extraordinary push to “otherize” this President since the election and the disgraceful efforts to undo the will of the people as expressed at the ballot box, repeatedly warned that this was dangerously divisive, destructive to society and our democracy, and that if it didn’t stop, violence was all but inevitable. (I have been far from the only one to issue this warning, both here and elsewhere.) I concluded that if “the resistance” continued demonizing President Trump, and by extension his supporters, this kind of thing would happen. It happened. It happened shortly after the violent imagery surrounding the President had escalated in recent weeks. Maybe it is a coincidence. I doubt it.

I expect progressives of integrity to cease their denials and address the issue honestly, as they have largely failed to do so far. Continue reading →

Morning Ethics Warm-Up: 6/14/17

/ Jack Marshall / 123 Comments

1.  I am wrestling myself to the ground to avoid making any assumptions about the shooting this morning (about three miles from my home in Alexandria, Virginia) of two Republican Congressmen and an aide while the GOP baseball team was practicing for tomorrow’s annual Congressional baseball game for charity. When Rep. Gabby Giffords was shot (and a judge killed, among others) in Tucson, Arizona, the news media, pundits and Democrats leaped to blame Sarah Palin and Rush Limbaugh for so-called “eliminationist rhetoric,” defined in Palin’s case as using cross-hairs on an electoral map to indicate which Democrats could be defeated in 2012—you know, as in “he’s in my cross-hairs.” This was a transparent effort to stifle political speech. In 1995, when a Federal building in Oklahoma City was blown up in a domestic terrorist attack, “violent anti-government” rhetoric from the Right was also blamed, though there was no evidence that Timothy McVeigh would not have done exactly the same thing if political discourse had been all John Lennon and rainbows.

The Giffords explanation was cynical and contrived; the Oklahoma City response a bit less so, but in neither of those cases were violent imagery and hateful language (no party officials and member of Congress used “fuck” back then, late night TV hosts were largely apolitical and couldn’t call Presidents “cockholsters” without being fired, the “resistance” in 1995 consisted of fringe militia groups, not recent unsuccessful Presidential candidates with a large following, and nobody was giving standing ovations to Central Park theatrical productions showing a doppleganger of the President of the United States being assassinated. In other words, if Rush Limbaugh had held up a prop bloody head of Barack Obama prior to Giffords’ shooting, I would not have derided the critics who argued that irresponsible partisan rhetoric was at least part of the cause. But he didn’t. Nobody did. Nobody would have thought of doing so. Then.

So when my wife told me, the second I woke up, about the shooting this morning, my immediate thought was, “I wonder who the shooter is, an illegal immigrant, a Muslim, or a member of “the resistance?”  This was unfair, and I knew it. The shooter might have been, as it was in Tucson, a wacko. It might have been moral luck that it was the Republican baseball team that was attacked and not the Democrats, just as it was moral luck that nobody was killed. Continue reading →

Morning Ethics Warm-Up: 6/13/17

/ Jack Marshall / 25 Comments

1.  The controversy over the Central Park “Julius Caesar” casting Donald Trump–his stage clone, really—as Caesar continues to be ignorantly argued. What’s worse, Fox News constantly calling the Shakespearean classic an “assassination play” (it’s not, not even close), or people who really would love to see Trump assassinated arguing that there’s a double standard because some professional productions of  “Julius Caesar” in recent years cast a black actor as the targeted emperor? Does anyone for a second believe that if a high-profile theatrical production depicted a character as clearly intended to symbolize Obama as the New York City production styles its Caesar as Trump being assassinated in a scene like the one below, there would not have been equivalent, indeed greater outrage?

The most cited production with a black, modern business-suited Caesar had an actor with a shaved head playing the role, clearly signalling that this was NOT Barack Obama. This, however, is “Donald Trump”:

My question is: Does the audience cheer? I bet they do, and I bet that’s exactly what the director wanted. I support the production, and reject efforts to pressure donors into pulling support. Theater is often political, and outrageous, and should be. But the play’s defenders who cite versions that evoked a black leader as equivalent are arguing that people are more upset at a faux Trump assassination than they would have been if “Obama” were slaughtered in Central Park, and that is absurd.

2. Another looming boycott is the effort to punish NBC’s Megyn Kelly for interviewing InfoWars’ Alex Jones, the professional conspiracy theorist and right-wing liar. Because he famously suggested that the Sandy Hook massacre was a hoax—an instant IQ test for anyone deciding to ever pay attention to this jerk again—Sandy Hook parents and their allies are condemning NBC and Kelly for “giving him a platform,” and have succeeded in getting one sponsor, JP Morgan, to drop its ads. How long before both ends of the political spectrum start routinely pushing boycotts of any journalists who “give a platform” to someone their “side” has pronounced as evil?  The Sandy Hook victims’ families continue to abuse the sympathy their tragedy evoked by using it to attack core rights using appeals to emotion and little else. Some quotes from the Washington Post story: Continue reading →

Case Study In How When Ethics Fail And The Law Steps In, The Law Will Screw Things Up Beyond Repair

/ Jack Marshall / 22 Comments

Like Title IX, like Obamacare, like so many well-intentioned laws and regulations designed to assist and protect vulnerable citizens or traditionally oppressed groups, the Americans with Disabilities Act (ADA) opened the door for abuse, absurd taxpayer costs, and unanticipated consequences. The ADA was rammed into law by activists compassion bullies who proclaimed that any attention to proportion and cost-benefit analysis was mean and heartless. Here is an example of what else came in that open door:

From the LA Times::

ADA lawsuits are now as common as sex-discrimination lawsuits, with more than 26,000 new claims filed against employers each year. The latest litigants have their sights on the most innovative segment of our domestic economy: e-commerce.In this trend, people sue businesses because their websites aren’t sufficiently accessible to the disabled — because the websites lack assistive technologies for the blind or hearing-impaired, say. It began in 2000, when Bank of America became the first entity to settle a web-accessibility lawsuit. Safeway and Charles Schwab soon followed suit. In 2008, Target paid $6 million to settle a class-action suit brought by the National Federation of the Blind, and nearly $4 million more to cover the plaintiffs’ attorney fees and other costs. More than 240 businesses across the country have been sued in federal court over website accessibility since the beginning of 2015. Similar litigation has been brought against universities on the grounds that the free online courses they offer aren’t captioned for deaf users, and against ride-sharing services because their smartphone apps lack text-to-speech capability for blind users.

…According to the demands of disabled users, in order for a website to be accessible, it must use fewer pictures, present text in a format that is compatible with text-reading software and employ design that allows for easy navigation. But the features that make a website more accessible for one disabled group are bound to be objectionable to another.

They may also conflict with other needs. Consider bank websites, which often employ timers that will shut down an online session for security reasons after a particular time period is exceeded. Such “timeouts” could present problems for some disabled users, but eliminating them in the interest of accessibility could impair security for all.

In the process of making a website accessible, questions invariably proliferate. Do certain color combinations violate the ADA because they confound the colorblind? Are certain layouts inaccessible if they’re confusing to users with a limited field of vision? Do the accessibility requirements apply only to the websites themselves, or do they also apply to Web content, such as advertising on a third party’s website? Will website hosts be responsible for the compliance of third-party sites? Must archived Web content be revised to comply? What about mobile apps? Do temporary technical bugs in an otherwise compliant website constitute a violation? What physical and mental conditions will require accommodation? So far, Web accessibility lawsuits have concerned the vision- and hearing-impaired, but future cases could be brought on behalf of plaintiffs diagnosed with dyslexia, ADD/ADHD, narcolepsy, cognitive impairments, paralysis and many other conditions.

The game is to sue deep pockets website owners and extort settlement pay-offs. That’s fine for the Bank of America, but not for, say, Ethics Alarms. This blog could be put out of business by such a lawsuit, and so could hundreds of thousands of others. Continue reading →

Ethics Observations On The “Shakespeare in the Park” Trump As “Julius Caesar” Production

/ Jack Marshall / 95 Comments

In  New York City, Public Theater’s free Shakespeare in the Park festival this summer begins with  a version of “Julius Caesar“, in which Caesar is played by an actor made up and costumed to look like the current President of the United States, and Calpurnia (Caesar’s wife) is portrayed as a runway model with a Slavic accent. Some of the costumes include Anonymous masks and the infamous pussy hats. When Caesar/Trump is assassinated in the Senate, the murderers are women and minorities.

Oooo! Subtle!

The production has been in previews since May 23, and opens tonight at the Delacorte Theater in Central Park. Criticism of the concept,  theater and its financial supporters has been roiling all week, and many have compared the play to  Kathy Griffin’s severed Trump head stunt.  Fox News reported that it “appears to depict President Trump being brutally stabbed to death by women and minorities.” Well, yes, that’s right. Now some prominent corporate sponsors have publicly withdrawn their financial support, including Delta and Bank of America.

Delta’s statement:

“No matter what your political stance may be, the graphic staging of ‘Julius Caesar’ at this summer’s free Shakespeare in the Park does not reflect Delta Air Lines’ values,” Delta said in a statement on Sunday night. Their artistic and creative direction crossed the line on the standards of good taste. We have notified them of our decision to end our sponsorship as the official airline of the Public Theater effective immediately.”

Bank of America:

“The Public Theater chose to present ‘Julius Caesar’ in a way that was intended to provoke and offend. Had this intention been made known to us, we would have decided not to sponsor it. We are withdrawing our funding for this production.”

Other sponsors, such as Time Warner and the New York Times, have stood fast. Said the Times:

”As an institution that believes in free speech for the arts as well as the media, we support the right of the Public Theater to stage the production as they chose.”

Ethics Observations:

[Do remember that I am a professional stage director, previously the artistic director of a professional theater for 20 years, and that I dealt with donors, individual, corporate, non-profit and government, all that time.] Continue reading →