Ethics Quiz: Shock Therapy For The Disabled

15electricshock-3-jumbo

Here is an issue from July that I never had time to write about…

In a 2-1 opinion, the U.S. Court of Appeals for the D.C. Circuit overturned a Federal the ban on the use of electric shock devices to modify destructive or otherwise problematic behavior by students with intellectual disabilities. The Food and Drug Administration sought to prohibit the devices in March 2020, saying that delivering shocks to students presents “an unreasonable and substantial risk of illness or injury.” The court ruled, however that the ban was a regulation of the practice of medicine, which is beyond the FDA’s authority.

The now banned ban only affected a single school, the Judge Rotenberg Educational Center in Canton, Massachusetts. It is the only facility in the United States that employs the shock devices to correct self-harming or aggressive behavior. The center serves and houses both children and adults with intellectual disabilities or behavioral, emotional or psychiatric problems.

What ethics approach do we use to assess such a practice?

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Comment Of The Day: “Comment Of The Day: ‘Theater Ethics Meets Pandemic Ethics…’”

It has been a hugely informative and entertaining knockdown, drag-out comment battle over vaccine hesitancy the last few days on not just one but two posts on the topic. It’s time to add another. One irony of long comment threads, which make me happy as a blog proprietor, is that many readers don’t have the patience to pick through them. I’m sometimes guilty of that myself.

This Comment of the Day by Ryan Harkins on Humble Talent’s own provocative (to understate it) Comment Of The Day on my post, “Theater Ethics Meets Pandemic Ethics: If I Were Still Running My Theater Company And We Had A Large Cast Show In Production…” deserves to be highlighted. Here it is (and I forgive Ryan for not calling the virus by it’s rightful, earned non-partisan name.)

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First, I want to take exception to conflating hesitancy to take the COVID-19 vaccines and anti-vaxxers. There’s a huge difference between being skeptical about one particular vaccine and being skeptical about all vaccines. And conflating the two blurs the issues and dismisses out of hand legitimate arguments and concerns.

I stand in an odd position, because I oppose getting any of the COVID-19 vaccines, and I have been vaccinated. I took the double doses of the Moderna vaccine when it became available at my workplace. Was it to protect my family (my wife is pregnant with our fourth)? Not at all. We’re all healthy, and the odds of the coronavirus having any effect other than a harsh cold for my household is surprisingly small. Was it because my workplace pressured me into it? No, though I will cite that the 14 days paid sick time goes away if I snag a sufficiently large batch of SARS-CoV-2 and I’m not vaccinated.

So why did I get the vaccine? At the time, I believed it the right thing to do to help the efforts of reaching herd immunity. So what has changed since then? Let’s consider my thinking, meandering as it is.

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Comment Of The Day: “Theater Ethics Meets Pandemic Ethics…”

I was getting ready to write about Sen. Rand Paul’s manifesto above ( he really is a libertarian, isn’t he?) when Humble Talent’s Comment of The Day, on the post “Theater Ethics Meets Pandemic Ethics: If I Were Still Running My Theater Company And We Had A Large Cast Show In Production…”

Perfect timing, and my favorite kind: it saved me the effort of writing a post. This should open up the pandemic and vaccine debate nicely, and get it out of the constricting limitation of live theater.

Heeeeeeere’s Humble…!

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I find these Covid threads just… really tedious.

I have found common cause with the American left on precious few issues in my lifetime, and I often find that even when I agree with them, they put the issue forward in the most obnoxious and useless way possible: They mock, they demean, they use bad arguments, and even when they’ve come to the right conclusion they rarely understand the source material. It’s frustrating.

But on this one discrete topic…. I understand mocking anti-vaxxers.

Sorry guys, if you’re in the vaccine skeptic group… You are being dumb. Your body your right, yada yada yada. Sure. You have the right to be dumb. Just because it’s your right to be an idiot doesn’t shield you from the consequences of being an idiot. And while telling you that you’re an idiot, pressuring you not to be an idiot, and there being consequences to being an idiot might harm your tender egos, America isn’t going to end.

The reason why I feel on this one discrete topic, mocking anti-vaxxers, particularly American anti-vaxxers is appropriate is because there was no convincing you. On this topic, more than any other in recent history, you are completely information resistant.

“Well Jeff! Look at Israel, they’re having a spike right now, and most of their cases are breakthrough cases, how do you explain that?!?!”

Because everyone is experiencing a spike right now, international travel isn’t completely locked down, the vaccines were never sold as being 100% effective and as new variants come out the efficacy is only going to lower, and because more than 95% of Israeli adults are vaccinated. So when anyone in Israel gets Covid it is orders of magnitude more likely that the case will be a breakthrough than a non-vaccinated case.

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Facts Don’t Matter: Charles Blow Says Vaccination Resistance Is Donald Trump’s Fault

Chart vaccine

The New York Times has a lot of Trump Deranged op-ed writers, a lot of jackasses, and quite a few race-baiters in the mix as well. None scores as high in all three categories as the arrogant Charles M. Blow. His continued presence on the Times opinion pages is a continuing insult to black pundits everywhere. Blow obviously only has his job because he is black, and if this is the best the most prestigious paper in the country could do in seeking “diversity,” “The Bell Curve” was more accurate than we thought. But Blow isn’t the best, or even one of the best, black pundits the Times could employ, and he’s unbearably pompous to boot.

Yesterday Blow’s column was titled “Anti-Vax Insanity.” I have not read a Blow column for more than a year, but this made me think, “Gee, a column from Blow that doesn’t involve foaming at the mouth over Donald Trump!” Silly me. Here is how it starts:

“Nothing better exemplifies the gaping political divide in this country than our embarrassing and asinine vaccine response. Donald Trump’s scorched earth political strategy has fooled millions of Americans into flirting with death. And now thousands are once again dying for it.”

Later he writes,

“Why were Americans turning away a vaccine that many people in other parts of the world were literally dying for? Many did so because of their fidelity to the lie and their fidelity to the liar. They did it because they were — and still are — slavishly devoted to Trump, and because many politicians and conservative commentators helped Trump propagate his lies.”

Blow managed to find one poll —you know, polls—that kind of backed his thesis if you squint hard and aren’t thinking clearly, except that it doesn’t mention Donald Trump at all. That’s a pretty big “except.” What the poll shows is that more Republicans than Democrats distrust the vaccine and object to the government telling them they have to take the shots. Well, that would have been the result if Donald Trump had never been born, and whether the vaccine was deadly or conveyed immortality.

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Theater Ethics Meets Pandemic Ethics: If I Were Still Running My Theater Company And We Had A Large Cast Show In Production…

LES_MISÉRABLES.

…the policy would be that every member of the cast, staff and crew would have to be vaccinated and show proof of it. They would, of course, be free to refuse, which is their right. But they still would have no right to work on the production, and to endanger the health of others essential to the show’s success. You can’t rehearse with social distancing, nor with actors wearing masks.

I’ve seen viruses run amuck through casts and ruin shows. Your rights stop when they start adversely and unnecessarily affecting my business and projects. Take your own risks and good fortune to you, but don’t impose them on me.

(Incidentally, I would never produce or direct the show you see above. I consider it unethical to put shows on stage that I can’t stand watching and listening to myself.)

Questions, Theories And Observations On The End Of The Simone Biles Affair [Corrected]

Biles medal ceremony

Well, the last on Ethics Alarms, anyway, I hope. I wish I could justify not dealing with the “rest of the story,” but I can’t: too much metaphorical ink has been spilled here, there and everywhere over this annoying Ethics Train Wreck.

To bring you up to date, Biles returned to Olympics competition on the balance beam today (well today in Japan) and did well enough to win the bronze medal. She performed back handsprings, flips, split leaps and a double back flip for her dismount, but it was a safe routine not calculated to win. She did not, for example, dismount with the signature move named after her.

What’s going on here? Damned if I know. After debating a number of Biles defenders and reading the relentless spin being offered up by the mainstream media, it is clear to me, at least, that whatever Biles did or didn’t do, said or didn’t say, these people would stick to the established compassionate narrative. Biles, meanwhile, would follow a scripted effort to salvage some of her value as a celebrity cash cow after an Olympics disaster that would have sunk any similarly acclaimed male athlete, and most female ones.

Here’s how the New York Times began its story about Biles, the Greatest Of All Time, aka GOAT, not being able to be better than the third best in a single Olympics gymnastics event:

“Simone Biles didn’t want her Olympics, and perhaps her career, to end with her in the stands and not on the competition floor. It couldn’t end that way, after all, considering everything she had sacrificed to make it to the Tokyo Games. She suffered through years of self-doubt as a sexual abuse survivor after realizing that Lawrence G. Nassar, the longtime U.S. national team doctor, had molested her. And she had endured an extra year of training on aching muscles and painful ankles and dealing with U.S.A. Gymnastics, the entity that failed to prevent her abuse.”

Such shameless framing of an elite athlete’s failure in order to ensure minimal accountability has surely never appeared in print before in a reputable publication. Did any account of Babe Ruth failing to come through for his team in a big game ever begin with a reference to his traumatic upbringing in a shabby Baltimore orphanage? Was Ty Cobb excused for attacking a fan during a game because of the trauma he suffered when learning about the tragic death of his father? [ Notice of Correction: In the original post, I wrote that Cobb’s father had committed suicide, which is what I thought I knew. I was wrong, and should have checked. I apologize for putting more misinformation into the web. Much thanks to LoSonnambulo for alerting me.] No, because the various traumas and tragedies athletes have suffered on their way to triumphs, celebrity, fame, and wealth are irrelevant to their performance in their chosen sports—except for Simone Biles.

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Monday Morning Ethics Warm-Up: All Sorts Of Games, But Not The Fun Kind…

Wow, the ethics train wrecks that pulled out of the station on this date: Irag invading Kuwait in 1990, the conclusion of the disastrous Potsdam Conference in 1945, and the ascension of Adolf Hitler to dictator of Germany in 1934! Maybe we should just skip August 2 on the calendar like some buildings have no 13th floor…

1. This is good news, sort of…The American Civil Liberties Union of New Jersey announced that the obscenity charges against Andrea Dick for refusing to take down her “Fuck Biden” banners had been withdrawn by the town of Roselle Park, New Jersey. A municipal court judge had ordered Dick to take down the three flags, finding that they violated the town’s obscenity ordinance, which was ridiculous: the ordinance defines obscenity as anything that “appeals to the prurient interest; depicts or describes in a patently offensive way sexual conduct as hereinafter specifically defined, or depicts or exhibits offensive nakedness as hereinafter specifically defined; and lacks serious literary, artistic, political or scientific value.” Dick was not calling for a gang rape of Joe Biden. Moreover, his ruling was in direct opposition to the Supreme Court’s landmark 1971 ruling in Cohen v. California. We discussed the case here.

I say “sort of” from a Golden Rule perspective. I sure wouldn’t want her as a neighbor. This is squarely in the “right to be an unethical jerk” category. But the government tried to intimidate her out exercising her right to free speech, and whatever else she is, Dick is not a weenie.

She should give lessons.

2. Today’s American Olympics narcissists: Raven Saunders and Race Imboden. Even though they were directed by the nation they represent not to make political theater out award ceremonies in Tokyo, Saunders, a silver medal winner in the women’s shot put, and Imboden, a bronze winner in foil, went ahead with obnoxious grandstanding anyway. Imboden, who is a serial offender, had a symbol marked on his hand, while Saunders treated fans to this attractive display:

Raven protest

They were protesting injustice or something, as if anyone cares or should care what they think. It’s not their stage to abuse. Apparently there is a big debate over what the U.S. officials and Olympics authorities should do. Easy: send them home, take their medals, and ban them from representing the U.S. again. They were warned.

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Sunday Ethics Warm-Up, 8/1/2021: Simone Biles-Free Zone Edition!

Tower shooting

I don’t think that we need to debate the ethics of deranged mass shootings. The first one I was ever aware of occurred on this date in 1966. Charles Whitman, a former Eagle Scout and Marine, brought a stockpile of guns and ammunition to the observatory platform atop a 300-foot tower at the University of Texas. He had packed food and other supplies, and before settling in for 90 minutes of deadly target practice, killing some victims from as far away as 500 yards—he was a trained marksman—Whitman killed the tower receptionist and two tourists. He eventually shot 46 people, killing 14 and wounding 32 before being killed by police. The night before, on July 31, Whitman wrote a note saying, “After my death, I wish an autopsy on me be performed to see if there’s any mental disorders.” Whitman then went to his mother’s home to murder her, using a knife and a gun. He returned home to stab his wife to death.

Whitman’s story does raise medical ethics issues. He was seeing a psychiatrist, and in March told him that he was having uncontrollable fits of anger. Whitman apparently even said that he was thinking about going up to the tower with a rifle and shooting people. “Well, your hour is up, Mr. Whitman. Same time next week, then?” The intersection of mental illness with individual rights continues to be an unresolved ethics conflict 54 years later. In addition, the rare but media-hyped phenomenon of mass shootings has become a serious threat to the right of sane and responsible Americans to own firearms. See #5 below.

1. The King’s Pass in show business. A new book by James Lapine tells the antic story of how the Sondheim musical “Sunday in the Park With George” came to be a Broadway legend. Lapine wrote the book and directed the show. The cult musical—actually all Sondheim shows are cult musicals–eventually won a Pulitzer Prize ( you know, like the “1619 Project”) and bunch of Tony nominations. I was amazed to read that the show’s star, Mandy Patinkin, at one point walked out on the production and was barely persuaded to return. Lapine writes that he never fully trusted Patinkin again. Why does anyone trust him? In fact, how does he still have a career? Patinkin has made a habit of bailing on projects that depended on him. He quit “Chicago Hope,” and later abandoned “Criminal Minds,” which had him as its lead. To answer my own question, he still has a career because of “The King’s Pass,” Rationalization #11. He’s a unique talent, unusually versatile, and producers and directors give him tolerance that lesser actors would never receive. Mandy knows it, too, and so he kept indulging himself, throwing tantrums and breaking commitments, for decades. He appears to have mellowed a bit in his golden years.

2. Speaking of Broadway, the ethical value missed here is “competence”…There is more evidence that the theater community doesn’t realize the existential peril live theater is in (the medium has been on the endangered list for decades) as it copes with the cultural and financial wreckage from the Wuhan Virus Ethics Train Wreck. Just as theaters are re-opening, the Broadway theater owners have decreed that audience members will be required to wear masks at all times.

I have one word for that: “Bye!” Maybe some fools are rich, submissive and tolerant enough to pay $100 bucks or more for the privilege of being uncomfortable for three hours. Not me. My glasses fog up when I wear masks. I have been vaccinated; I’m fairly sure I was exposed to the virus before then and had minimal symptoms, and much as I believe in live theater, I will not indulge the politically-motivated dictatorship of virtue-signalling pandemic hysterics. The industry is cutting its own throat, but then theater has never been brimming with logic or common sense.

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The Suicide Of Officer Smith And Ethics Zugzwang

Officer Smith

Ethics zugzwang is a term used on Ethics Alarms to describe situations where there are no ethical options, only unethical ones The origin is the world of chess, which uses the German word zugzwang to indicate a game position in which a player is safe from checkmate as long as he or she doesn’t move. But of course, a player has to do something; time cannot be stopped in place. In ethics zugzwang, and resolution is a bad one.

The current controversy over the suicide of Jeffrey Smith, a D. C. Metropolitan Police Department police officer who confronted the mob in the Capitol on January 6 and shot himself nine days later, is a perfect example of ethics zugzwang in our ugly political environment. Smith’s widow Erin is convinced that his death was caused by the riot, she says, and will petition the Police and Firefighters’ Retirement and Relief Board to designate her husband’s suicide as a death in the line of duty. “When my husband left for work that day, he was the Jeff that I knew,” Ms. Smith said in an interview. “When he returned after experiencing the event, being hit in the head, he was a completely different person. I do believe if he did not go to work that day, he would be here and we would not be having this conversation.” Of course, she is welcome to believe whatever she chooses. Having her husband’s death ruled as occurring in the line of duty also carries with it substantial financial benefits. Confirmation bias is unavoidable.

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Trump To The Patriotic Pro-Vaccine Rescue? Of Course Not. And Try As I Might, I Can’t Blame Him

burning-bridge

I have now read many articles, almost all of them from pundits who for five years heaped the most abusive rhetoric on the previous President of the United States that any POTUS has had to endure, that Donald Trump should join President Biden, or Barack Obama, or even George W. Bush for a national, joint appeal to the vaccinated to do the right thing for their nation, swallow their fears, and get their shots. Writes one Trump-detesting letter writer to the Times this morning (well, the odds are high that anyone who writes to the Times is Trump-detesting”) who imagines an Obama-Trump Kumbaya PSA spot where a smiling Trump sits next to Barack and says, “We hardly agree on anything , but we do agree on one thing: You should get the Covid vaccine now!” “It just takes two grown men to do it!” the saddened patriot concludes.

Sure, in a vacuum, this fantasy seems reasonable. In reality, it can never happen, and I find myself gravitating to an unethical position that says that if Democrats like Biden and Obama, or Bush, really want Trump to join with them on anything but especially this, they should have to pay a large, painful and probably unpalatable price.

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