Morning Ethics Warm-Up, 7/9/2018: Searching For Something Positive In The Ethics News, Failing

Good morning.

1. Is it unethical to never be satisfied, or just human? Or just American? The Boston Red Sox are winning too much, and I don’t recognize my team.  Over the weekend, literally for the first time in my life, I found myself feeling sorry for an opposing team and its fans. The poor Kansas City Royals (who are, I know, in the process of tanking) looked hopeless as the Red Sox swept a three game series. KC, not long ago a World Series champion, looks like it will lose 105 games or more. My team has always been the underdog. I don’t want to root for crypto-Yankees.

2. Yeah, I wish the President would just announce his SCOTUS pick and not make it into a circus.

3. Another Ethics Alarms Lost Post…A Carolyn Hax advice column from March missed  getting the post I intended at the time, and I just stumbled across the old file. A woman who had planned a huge wedding was jilted by her fiance shortly before the big date, as he ran off with an old flame. She asked Carolyn if she was wrong to be angry at invited friends and relatives who wanted her to reimburse them for non-refundable airline tickets, and to never want to have any contact with them again. Hax said that such people don’t deserve anything better, and ought to be written off in perpetuity.

That was an easy call for the relationship columnist, but I found  myself reflecting on other matters, like whether I have any friends and relatives who could be expected to behave that atrociously, venally and compassionlessly (relatives yes, friends, no, I think). Another question: what’s the matter with people, and how do they get this way? Someone you care about is slammed with a life catastrophe, and your first reaction is to demand that she pay for your inconvenience?

4. Yes, “enemy of the people” is accurate…From Glenn Greenwald (via Althouse): Continue reading

Morning Ethics Warm-Up, 6/13/2018: Everybody’s A Critic!

Good morning!

(That almost came out “good monging”…not a propitious sign)

1.  Diversity ethics:  The concept that somehow there are sinister motives and undesirable results any time an occupation settles into a demographic mix that isn’t four-square with that of the general population is one more bit of ideological cant. In London, U.K, the mayor has decreed it a crisis that the population using bicycles is disproportionately white, and has  said he is considering setting diversity targets for London’s cycling population to ensure that “progress was achieved.” I liked Amy Alkon’s disgusted reaction to this whole issue, as she asked how  gender equality would be achieved in fields where women show little interest in participating for a variety of reasons, including a greater interest in a work-life balance. How is this artificial PC “diversity goal” going to be achieved, she asks…” Force women at gunpoint to become cardiologists, oil rig workers, and garbagepersons? Force men at gunpoint to become veterinarians and kindergarten teachers?”

Reader (and volunteer Ethics Alarms proof-reading czar) Pennagain just sent me an article about the relative lack of female movie critics (minority movie critics are also under-represented among Hispanics, blacks and Asians. (I would also bet that they are disproportionately gay, but the study discussed didn’t check that, apparently.) Now unlike, say, female  “garbagepersons,” female movie critics predictably have a point of view that would make a substantive difference in film reviews, so I cannot brush aside this particular imbalance with “So what?” Instead I will ask, “What’s stopping them?” Anyone can be a movie critic now: all you need is a website, some dedication, and, one hopes, some understanding of film and culture. Now, being paid as a film critic is a little trickier.

Here is the Wikipedia entry on the New Yorker’s Pauline Kael, still perhaps the most famous U.S. film critic, whose long-lasting prominence, success and influence (I hated her reviews most of the time–overly political and biased, with whole genres she didn’t understand—“guy movies” like Westerns and horror films, that she sniffed at as beneath her) should have inspired more women to enter the field, but didn’t. I presume there is a reason for that, such as that spending your life watching multiple movies a day including many you wouldn’t be caught dead at if it wasn’t mandatory isn’t an attractive career choice, especially if you want a family.

2. From my sexual harassment files...I just rediscovered this, a sexual harassment case I discussed in program for a construction company in the 90’s. An attractive woman who worked in construction (Diversity!) was walking to work with a co-worker when some boor from an apartment window shouted at her, “Hey, show me your tits!” The women misheard the remark, and shouted back, “Sorry, I don’t have any kids!” Her colleague thought th exchange was hilarious, and told her what the guy really said, He also told everyone on the construction site about the incident, and the woman was pestered from then on with men smirking as they made comments like, “Hey, can I see pictures of your kids?” I hear you have two beautiful kids!” “Why don’t you let your kids out more?”  “Boy, I bet you’re proud of those kids of yours.” The women tried to laugh it off, but the joke never died, even though she started telling everyone to knock it off. Finally, she complained to management, and was told that she was being silly and hyper-sensitive. She sued.

Was using the word “kids”  in a coded joke creating a hostile work environment, or did the court find that since the language itself was inoffensive and not sex-related, it couldn’t be sexual harassment? Continue reading

Ethics Quiz: “Pop Hates The Beatles”

I actually remember this number. Alan Sherman was a briefly popular novelty act, a pleasant schlub who wrote not too terrible song parodies which he sang himself, badly. Had a hit record with “Hello Mudda, Hello Fadda” and a few successful albums. Ed Sullivan also inflicted him on America a few times. Continue reading

From The Ethics Alarms “These Really Are Terrible Human Beings” Files: Unethical Quote Of The Month: Bill Maher

“One way you get rid of Trump is a crashing economy, so please bring on the recession. Sorry if that hurts people, but it’s either root for a recession or lose your democracy.”

—-HBO’s Bill Maher, on his show “Real Time”…as his audience applauded, as usual.

Did any conservative, Republican or pundit root for the nation’s failure under Obama? The closest would be Rush Limbaugh’s infamous declaration that he wanted the new President to fail, which was more unpatriotic than I could tolerate, but even Rush didn’t go so far as to wish for the nation itself to be thrown into crisis. Maher is a repulsive individual, but he is not alone. We already discussed here how many members of the media appear to be rooting for the North Korean talks to fail. Other progressives openly wish for the President’s death: I could name some right here who have told me that in person. Lawyers. Professionals. Wishing for the death of not just another human being, but the President of the United States.

The attendant hysteria, fear-mongering, monomania and values distortion that have spawned the “resistance” have also apparently created a human mutation with lethal potential. Never before have there been mainstream American citizens who not only wished ill on the nation and neighbors, but who got cheered for it. The mutants are a threat to society and to sanity. Do not pretend they aren’t.

They may not be traitors, but they think like traitors. Continue reading

Weekend Ethics Warm-Up, 6/9/18: PART I, Bee’s “Apology”

Hi!

1  Bee gets an Eff. If I didn’t find Samantha Bee so loathsome and her transparent grab for headlines and attention by the cynical device of intentionally violating all standards of public civility and fairness, her on-air apology might warrant a full post here. “Where does it fall on the Apology Scale?,” I have been asked. She really does richly deserve to be shunned and ignored, however, not that she didn’t before. Her act is monotonous, obnoxious (Is there anything more revolting than someone who aggressively  presents themselves as smart and clever who obviously is neither?) and divisive. Like others, she exists to constantly reassure the “resistance” that they are justified in acting and talking like assholes because they lost an election.

Boy, they must need a lot of reassurance.

But since her apology on her show was an abomination (distinct from her apology on Twitter, which was a lie), I have to talk about it. What a crappy way to start a weekend. I’ll save time by commenting as we go. Yes, this is as long as a full post; it’s as long as a long full post. I know it’s silly, but even if it’s just a technicality, I refuse to give someone as contemptible as Samantha Bee more than Warm-Up status.

She said:

“You know, a lot of people were offended and angry that I used an epithet to describe the president’s daughter and adviser last week.”

In other words, “some people” were offended, not you, team member, because you LIKED me calling Ivanka a cunt, but we still have to deal with “those people,” who might be sponsors. Essentially Bee makes it clear immediately that this isn’t an apology  at all. The “you know” is a verbal shrug, and signals, “I don’t think this is a big deal, but I have to say something.”

This sentence, like the whole apology, is signature significance for a terrible human being. If she were my employee, I would stop her and say, “Start again.”

“It is a word I have used on the show many times..”

First rationalization in the second sentence! This is a subset of “Everybody does it”: “I do it all the time.”

“…hoping to reclaim it. This time, I used it as an insult. I crossed the line. I regret it and I do apologize for that. The problem is that many women have heard that word at the worst moments of their lives.”

Doubletalk. The word she used was “cunt.” It has never been anything but an ugly gutter word. What’s to “reclaim?” How it might have been used at other times is irrelevant, making this theme a flagrant act of misdirection, which is itself the theme of the whole phony “apology.” Imagine a male comic under fire for calling one of Obama’s daughters a “bitch”  saying “I have used that word many times–as a dog breeder, to describe swishy men, and in the phrase ‘son of a bitch’…” So what?

Bee’s bait-and-switch also cleverly reframes the issue. The offense was describing Ivanka Trump, on television, using a denigrating, misogynist word. Bee is now declaring that her offense was the rhetorical mistake of  misusing “cunt” as an insult. That was the line she crossed, according to her. Then: “The problem is that many women have heard that word at the worst moments of their lives.” Oh, the problem is when they heard it, not the use of the word itself.

Imagine a comic trying to weasel out of calling, say, Barack Obama a “nigger” making that argument in a parallel “apology.”

“A lot of them don’t want that word reclaimed. They want it gone, and I don’t blame them. I don’t want to inflict more pain on them.”

Wow—I hadn’t read this atrocity for a couple of days. It’s even worse than I thought.

Now Bee says the problem is that her using the word to denigrate the President’s daughter (who had done absolutely nothing to inspire such an attack) inflicted pain on other women—the good ones, you know. The ones who hate President Trump and his family.

“I want this show to be challenging and I want it to be honest, but I never intended it to hurt anyone, except Ted Cruz.”

Translation “You all know Ivanka IS  a cunt, but I didn’t want to hurt any other women by saying so, at least none who voted for Hillary.” Continue reading

Morning Ethics Warm-Up. 6/5/18: Cakes And Fakes

Good morning…

1. Dummies or Liars? In a comment about yesterday’s 7-2 SCOTUS ruling favoring the Christian cake shop in another baker vs. gay couple controversy, Still Spartan wrote, ” I also don’t want to spend the next few months explaining the ruling to non-lawyer liberals who already are beginning to tear their hair out because they don’t understand the opinion.” Unfortunately, that’s exactly what she will have to do, and the rest of us, as there is already a deliberate effort underway to misrepresent the decision and deceive members of the public too lazy to read Supreme Court opinions, or too under-educated to understand them. (It really isn’t that hard.) This is fear-mongering, and also an effort to undermine the Supreme Court, which can be expected to be blocking a number of left-driven totalitarian measures in the not-too-distant future.

For example, on “The Late Show,” where a disturbingly high percentage of millennials get their news commentary, the smug, insufferable Stephen Colbert described the ruling this way:

“It’s a bad day for gay rights in America. And also for cake rights because this morning, the Supreme Court ruled in favor of a Colorado baker who refused to bake a cake to celebrate the marriage of a same-sex couple. That is tough news. But to lighten the blow the Supreme Court did send the gay couple a lovely cake” which was a cake in the shape of the middle finger.

Hilarious! And a complete misrepresentation of the opinion. The question is, did Colbert and his writers really not understand the ruling? What are the odds that any of them read it? If they didn’t know what the ruling was, isn’t it irresponsible to pass along false information? Or did they know that the opinion in no way undermined the rights of gays to be served in public accommodations like everyone else, but found, and correctly so, that the process was rigged against the baker because of open hostility to religious freedom? If so, the “joke” was deliberate misrepresentation.

The fact that the lie would have been in service of a joke is not a justification. Spreading falsity in public is harmful, and it does not matter who does it, or why.

2. From the “Stop making me defend the New York Yankees!” files:  This is an integrity vs. cash test for Major League Baseball. ESPN announced that it was picking up the Yankees’ one 1 o’clock Sunday, July 8 game with the Blue Jays in Toronto for its 8 p.m. Sunday night Game of the Week. This decision, however, was announced after the Yankees and Orioles players agreed to make up last week’s rained out game as part of a doubleheader on July 9.  As now scheduled, the Yankees will have to play three games in a 24 hour period. The Yankees would probably not leave the ballpark in Toronto until midnight, then have to go through customs, getting into Baltimore at 4 or 5 a.m., into their hotel rooms around 7, and be due at Camden Yards in a few hours.

This is potentially dangerous to the players (baseball is hard to play while asleep), and also undermines the team: the Yankees are expected to be in a neck-and-neck race with the Boston Red Sox for primacy in the American League East, and a single game could be crucial. If the Yankees are forced to play Sunday night on July 8, the Yankee management and players are threatening to retaliate against ESPN by refusing all interviews with ESPN broadcasters. Of course, killing those in-game interviews will only improve the broadcast.

Then the Yankees will claim that the Red Sox were colluding with ESPN, and there will have to be an investigation… Continue reading

THAT’S The Concept I Was Looking For—“Cultural Vandalism”!

Does he still seem like God to you?

“Cultural vandalism”!

Perfect! That’s the ideal description of what artists, especially performing artists, do when they engage in such revolting conduct that it becomes difficult or impossible for us to enjoy their work the way we could before we knew they were disgusting human beings.

We owe Vulture writer a debt of gratitude, not only for identifying the conduct as cultural vandalism (a term usually reserved for acts like stealing the Elgin Marbles), but also for explaining, in his article The Cultural Vandalism of Jeffrey Tambor, clearly and powerfully, why it is a serious ethical breach beyond the misconduct itself.

He writes in part,

Once I know something like this, it makes it impossible for me to look at the actor and not think of the horrible things they’ve allegedly done. I don’t care to argue whether this is rational or not (I think it is), or whether I hold inconsistent opinions of works that are problematic for whatever reason (everyone does). The repulsed feeling is still there, and it makes a difference in how I react as a spectator…This sort of thing seems categorically different from, say, watching a film starring an actor whose political beliefs are different from yours (though there, too, a line could be irrevocably crossed). Once you believe that a particular actor or filmmaker or screenwriter is a predator or abuser, you’re aware that the environment that produced your entertainment — the film set — was engaged in a conscious or reflexive cover-up, in the name of protecting an investment. You can still be passionately interested in the thing as a historical or aesthetic document — seeing it through the eyes of, say, an art historian who can contextualize Paul Gauguin within the totality of 19th-century painting, or an African-American studies professor who’s fascinated by Gone With the Wind — but you can’t lose yourself in it anymore. You can’t be in love with it. You can’t really enjoy it in the most basic sense, not without playing dumb.

You didn’t do that to the artist. The artist did that to himself…

And it’s awful. People’s lives get ruined, their careers get interrupted or destroyed. The emotional, physical, and financial damage that problematic artists inflict on people in their orbit should always be the first and main subject of discussion…On top of all that, we also have the collateral damage of cultural vandalism. Fun, meaningful, even great works that dozens or hundreds of people labored over, that built careers and fortunes and whole industries, become emotionally contaminated to the point where you can’t watch them anymore…. in recent years, an entire wing of African-American cultural history has been vaporized by the Bill Cosby allegations and his recent felony sexual-assault trial, including the most popular sitcom of the ’80s (The Cosby Show), some of the top-selling comedy albums of all time, the precursor to the R-rated buddy comedy genre (Uptown Saturday Night and its sequels), and the first Saturday morning cartoon with a predominantly black cast (Fat Albert and the Cosby Kids). Predators’ careers are getting raptured, as well they should be. But unfortunately — perhaps inevitably — their work is getting raptured along with it, imploding into dust as the culture moves on to things that aren’t as problematic (or that might have skeezy stuff going on behind the scenes that we don’t know about yet)….

…Nobody is stopping anyone from watching these works (though they’re no longer as easy to find, and you probably have to own a DVD player). We can still talk about them, study them, write about them, contextualize them. But the emotional connection has been severed. The work becomes archival. It loses its present-tense potency, something that significant or great works have always had the privilege of claiming in the past.

That’s all on the predators. It’s not on you. None of us asked for this.

Continue reading

Morning Ethics Warm-Up, 5/15/2018: Alito Gets One Right, Ellison Deceived, And An Ancient, Unethical Tactic Works Once Again…

To a glorious morning, Ethics-Lovers!

1. Bad Alito, Good Alito.  As I briefly noted yesterday (and hopefully will do in detail today), Justice Alito authored an unethical and embarrassing dissent defending a lawyer who deliberately betrayed his client by telling the jury that he had killed someone his client denied killing. Bad Alito. However, the arch-conservative jurist also authored the majority opinion in Murphy v. National Collegiate Athletic Association, in which the SCOTUS majority struck down a virtuous but unconstitutional law, and did so clearly and well.

These are, I think, my favorite Supreme Court opinions, where the Court ignores the motives and objectives of a law and simply rules whether the legislature is allowed to behave like that. I don’t know, but I would guess that most of the majority feel the way I do about organized sports gambling: nothing good can come of it, and a lot of harm is inevitable. One they get the green light, I’m sure that as many states will take over sports gambling for its easy revenue as now prey on its poor, desperate and stupid with their state lottery scams. Everyone involved–sports, fans, athletes, states, the public’s ethical compass—is going to be corrupted by letting the sports betting genie out of its bottle: just watch.

Nevertheless, the Professional and Amateur Sports Protection Act, a 1992  law known as PASPA, should have been struck down decades ago; I’d love to know why it took so long. No, it did NOT ban sports betting, though this is what far too many news reports tell you. Congress can ban sports betting directly if it chooses to, as it is interstate commerce. This isn’t in dispute. What it did in 1992, however, was to order states not to pass laws states have a constitutional right to pass. The distinction matters. From SCOTUS Blog, which is usually the best source for analysis of these things:

The 10th Amendment provides that, if the Constitution does not either give a power to the federal government or take that power away from the states, that power is reserved for the states or the people themselves. The Supreme Court has long interpreted this provision to bar the federal government from “commandeering” the states to enforce federal laws or policies. [The] justices ruled that a federal law that bars states from legalizing sports betting violates the anti-commandeering doctrine…

…In a decision by Justice Samuel Alito, the court began by explaining that the “anticommandeering doctrine may sound arcane, but it is simply the expression of a fundamental structural decision incorporated into the Constitution” – “the decision to withhold from Congress the power to issue orders directly to the States.” And that, the majority continued, is exactly the problem with the provision of PASPA that the state challenged, which bars states from authorizing sports gambling: It “unequivocally dictates what a state legislature may and may not do.” “It is as if,” the majority suggested, “federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals. A more direct affront to state sovereignty,” Alito concluded, “is not easy to imagine.”

…The court also rejected the argument, made by the leagues and the federal government, that the PASPA provision barring states from authorizing sports betting does not “commandeer” the states, but instead merely supersedes any state laws that conflict with the provision – a legal doctrine known as pre-emption. Pre-emption, the majority explained, “is based on a federal law that regulates the conduct of private actors,” but here “there is simply no way to understand the provision prohibiting state authorization as anything other than a direct command to the States,” which “is exactly what the anticommandeering rule does not allow.”

Got it.

Good decision. Continue reading

Morning Ethics Warm-Up, 4/29/18: White House Correspondents Dinner Edition (And Other Things…)

 

Good Morning!

1 The RedState purge.  Salem Media, the conservative website RedState’s owner, froze the site and fired many of its most read and respected writers, all of whom were distinguished by one other common feature: they are all NeverTrumpers, conservatives who revile the current POTUS almost as vehemently as the Left’s mainstream media.

I view this decision as a declaration of war of sorts, or perhaps an assertion that a war is already going on. The Democrats, progressives, the news media and “the resistance” have been trying to unseat the President of the United States by “any means necessary,” a strategy that not only every conservative but every responsible citizen ought to oppose as the dangerous and undemocratic strategy it is. The dilemma is that NeverTrumpers’ anti-Trump bias not only makes them less than effective in opposing this unethical plot, it arguably makes them accessories to it.

Salem’s action is depressing but significant. It is one more indication that the news media, new and old, is dividing down rigid ideological lines while embracing political agendas rather than ethical journalism’s traditional mission. There is a place for fighting “the resistance,” but objective journalism shouldn’t have to censor dissent to play its part. Its part is to report the truth. Actions, however, have equal and opposite reactions, and as the media on the Left, which is to say most of the media, openly and  unapologetically indulges its Trump Hate, confident that its market will approve (thus making the abandonment of fairness and responsibility profitable), the polarization of whatever news media remains becomes inevitable.

This is not good for journalism, punditry, the nation or democracy, but I don’t know what can halt it now.

2. Terrible…but kind of funny, you have to admit. More than half the paintings owned by a small art museum in Elne, France, 82 of its 140 works, are fakes.  “It’s a catastrophe,”  said Yves Barniol, the mayor of Elne, near the Spanish border. Ya think? Over $170,000 was paid out by the museum for the phony artworks—not a lot by art museum standards, but when most of your collection are forgeries, there’s an open question why anyone would trust such a museum again.

Dishonesty and incompetence are a destructive combination. Continue reading

From The Ethics Alarms “Irony” Files: “The Association For Honest Attorneys” Has No Attorney Members…

The ABA Journal reports that the U.S. Tax Court ruled against The Association for Honest Attorneys (Known as A.H.A! ) this month, denying  tax-exempt status for the organization. Why? Well,  it hasn’t had any lawyer members since its founding in 2003, and no lawyer could be found to represent the group in its tax dispute. The group’s founder, Joan Farr, spent association money at grocery stores, department stores and home-improvement stores.