Journalism & Media

Thanksgiving Week Launch Ethics Warm-Up, 11/19/18: Turkeys

/ Jack Marshall / 15 Comments

Good Morning.

1. This is weird. The Florida Supreme Court released a long-awaited decision concerning whether a judge’s Facebook friendship with an attorney should be  grounds for disqualification if the attorney is arguing a case before that judge. The 4-3 opinion holds that:

In some circumstances, the relationship between a judge and a litigant, lawyer, or other person involved in a case will be a basis for disqualification of the judge. Particular friendship relationships may present such circumstances requiring disqualification. But our case law clearly establishes that not every relationship characterized as a friendship provides a basis for disqualification. And there is no reason that Facebook “friendships”—which regularly involve strangers—should be singled out and subjected to a per se rule of disqualification. 

I could not disagree more. A friend request from a judge is inherently coercive, and creates pressure on the lawyer to accept. Who wants to tell a judge that he doesn’t want to be his friend? Other bar associations and courts have held that it is improper for judges and lawyers to “friend” each other if there is any chance that the judge will be presiding over the lawyer’s cases, and that is the wiser rule. My own preference would be for judges to stay off social media entirely, except for close friends and family. They can only get in trouble there.

2. And this is much weirder…Apparently an app, ‘Santa Call New 2018,’ briefly available for download at the Amazon Children’s Store, would place a call to “Santa”when kids pressed the ‘call’ button, and Jolly Saint Nick would reply, “Hello there. Can you hear me, children? In five nights, if you’re free, I will look for you, I will find you, and I will kill you.”

Amazon is investigating.

Happy Holidays! Continue reading →

Ethics Observations On The CNN/Acosta/Press Pass Ruling

/ Jack Marshall / 27 Comments

From the Washington Post this morning:

Judge Timothy J. Kelly granted CNN’s motion for a temporary restraining order that will prevent the administration from keeping Acosta off White House grounds. The White House revoked the reporter’s press pass last week after a heated exchange between him and President Trump and a brief altercation with a press aide at a news conference. Acosta, CNN’s chief White House correspondent, is the first reporter with a so-called hard pass to be banned. CNN sued President Trump and other White House officials on Tuesday over the revocation. Kelly’s ruling was the first legal skirmish in that lawsuit. It has the immediate effect of sending Acosta back to the White House, pending further arguments and a possible trial. The litigation is in its early stages, and a trial could be months in the future.

Observations:

  • The ruling is a surprise. For me, it calls to mind once again my favorite Clarence Darrow quote, that “In order for there to be enough liberty, it is necessary that there be too much.” Apparently the judge, as courts have in other First Amendment cases, decided to leave a wide margin of safety around a constitutional right rather than interpret it narrowly, even reasonably narrowly.

I understand and sympathize with that instinct, and perhaps it is the right one.

  • Judge Kelly’s opinion  insisted that there be some basic procedural protections, requiring the White House to state clearly the grounds for revoking the clearance.  The Court did not find an express  violation of the First Amendment and Acosta might still be barred from the White House following appropriate due process.  Kelly said his ruling was “limited” and  temporary until a more detailed explanation and sufficient notice by the White House was established. (Not surprisingly, the White House viewed a tweet as notice enough.)
  • So a vague, traditional but unstated standard of not acting like an entitled jackass during a press conference and debating the President rather than asking questions while refusing to yield the floor is not, absent written standards and procedures, enough to get an unprofessional jerk like Jim Acosta banned. Got it.  It would be nice if previously acknowledged standards of basic respect for the office and the relative roles of the professionals involved were enough to avoid this kind of controversy, but apparently not.

Reflect on this episode the next time CNN or a pundit fusses about President Trump “defying established norms.” Continue reading →

Sick-Bed Ethics Warm-Up, 11/14/18: Ethics Among the Sneezes [UPDATED]

/ Jack Marshall / 48 Comments

Good whatever it is….

1. Bottom line” Don’t trust Facebook. From the Times: “Facebook failed to closely monitor device makers after granting them access to the personal data of hundreds of millions of people, according to a previously unreported disclosure to Congress last month.” Surprised? As with Google promising moths ago that it was no longer reading our mail, then admitting months later that it had resumed the practice, the big tech companies have proven repeatedly that that we cannot believe what they say, or their motives, or their pledges of good will and public service. More from the Times story:

Facebook’s loose oversight of the partnerships was detected by the company’s government-approved privacy monitor in 2013. But it was never revealed to Facebook users, most of whom had not explicitly given the company permission to share their information. Details of those oversight practices were revealed in a letter Facebook sent last month to Senator Ron Wyden, the Oregon Democrat, a privacy advocate and frequent critic of the social media giant.

In the letter, a copy of which Mr. Wyden provided to The New York Times, Facebook wrote that by early 2013 it had entered into data-sharing agreements with seven device makers to provide what it called the “Facebook experience” — custom-built software, typically, that gave those manufacturers’ customers access to Facebook on their phones. Those partnerships, some of which date to at least 2010, fall under a consent decree with the Federal Trade Commission drafted in 2011 and intended to oversee the company’s privacy practices.

Read the whole thing. I just assume that anything I put on Facebook, regardless of the alleged settings,will be sold to or otherwise obtained by potentially malign entities.

2. Just what we need now, a rogue First Lady. First Lady Melania Trump publicly called for the President’s deputy national security adviser, Mira Ricardel, to be fired.  In a word, well, two: Shut up. The felicitous circumstance of marrying someone who is later elected President of the United States confers no expertise or authority. The position of First Lady has no Constitutionally recognized duties, nor does it carry any real power. There is nothing anyone can do to diminish the influence and spouse may have with the President behind closed doors—and that is a problem—but she or the inevitable he must not confuse, confound or otherwise seek to influence affairs of state with public comments and opinions. Why Melania wants Ricardel fired is irrelevant. It’s none of her business.

I just want to point out that I sneezed six times while typing those last four words. Applause, please. Continue reading →

Saturday Morning Ethics Warm-Up, 11/10/18: “Ugh!” “Bah!” “Arf!””Ew!”And “Ahh!”

/ Jack Marshall / 33 Comments

Why are these guys happy? Read on…

Goooood morning!

1. Why does anyone pay attention to what Dan Rather has to say about the trustworthiness of the news media? Interviewed in some Trump-bashing forum or another, the man who was fired from CBS for using a fake document to bolster an anti-President Bush story argued that President Trump was waging a “war on the press” in order  to “undermine the public’s trust in the rule of law, ” and that he was making “some headway” in undermining the press’s legitimacy.

To the contrary, Dan Rather and his biased news media colleagues have been 100% responsible for undermining the public’s trust in journalists. All of the Presidents attacks and insults would come to nothing if it were not so obvious, which more evidence every day, that the news media was biased, incompetent, dishonest, and pursuing a partisan agenda. Indeed, the fact that CNN, MSNBC and other news sources still resort to Rather as a credible commentator is enough to justify distrusting the new media all by itself.

2. Yup, those Republicans won’t return to civility…Kathy Griffin, trenchant as always and teeming with wit, has now called President Trump a “stupid racist piece of shit.” It is time to definitively establish that the “Trump is a racist” slur is a Democrat/”resistance” Big Lie, and nothing else. There is no evidence that Donald Trump is a racist. I have reviewed the episodes that supported support that contention, and ultimately they boil down to “If you aren’t a progressive, you’re a racist.” Trump opposes illegal immigration, and the dishonest advocacy of open borders has relied on intimidating supporters of this self-evidently correct position by tarring them as racist. Trump challenged Barack Obana’s birthright citizenship exactly as he challenged Ted Cruz’s citizenship in the 2016 campaign for the GOP nomination. (Ted’s not black, in case you hadn’t noticed.) The argument that this proves Trump is a racist is a failed syllogism: Many racists were birthers, Trump was a birther, ergo he’s a racist. False. He’s an asshole. He would have trolled any President, of any color, with the same idiotic accusation if it suited his purposes. But, again, the Democratic play-book for eight years now has dictated that any criticism of Obama is suspect of racist motives. And, of course, the President must be racist because he wants to limit the number of Muslims who enter the country from hotbeds of terrorism.

The hypocrisy of Trump’s foes using the Nazi Big Lie tactic while accusing him of being a fascist is so obvious that it’s hard to believe everyone doesn’t see it. I admit, it’s a versatile Big Lie, allowing pundits to equate Trump’s advocacy of “nationalism,” meaning opposition to the world government dreams the Democratic Party (and quite a few Republicans) have been promoting since Woodrow Wilson (who WAS as racist) with “white nationalism.”

Griffin’s “evidence”? The President said the White House might pull the press credentials of April Ryan, who happens to be black. If CNN was real news organization, it would have fired Ryan, who is a biased, ideologically-driven hack, long ago. Here are the Ethics Alarms Ryan files. Here is what April Ryan considers legitimate questioning of the White House Press Secretary:

“Sarah, is slavery wrong? Sarah, is slavery wrong? Does this administration think that slavery was wrong? Sarah, does this administration believe slavery was wrong?”

Stop making me defend President Trump. Continue reading →

Ethics Test For Democrats And “The Resistance”: The Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States

/ Jack Marshall / 23 Comments

You can read the proclamation here.

Unless I’m missing something, all it says is “The United States will enforce the law.” This, for some reason, is regarded with alarm by the New York Times, which writes,

“The Trump administration, invoking national security powers meant to protect the United States against threats from abroad, announced new rules on Thursday that give President Trump vast authority to deny asylum to virtually any migrant who crosses the border illegally.”

The President always had authority to enforce the law. In fact, his oath of office requires him to do so.

The literally insane idea that the United States should not enforce its borders that somehow has burrowed itself into the Left’s hive-mind will not prevail, and because it involves our survival as a nation, no matter what other misadventures President Trump blunders himself into, opposing this deadly virus of a concept will ensure his support from a broad coalition of the American public. Democrats and the news media could instantly reverse much of the polarization poisoning our democracy if they would only abandon their indefensible defense of illegal immigration, but they just can’t bring themselves to do it, presumably because they regard unfettered immigration as a path to total power. Continue reading →

Morning Ethics Warm-Up, 11/9/2018: Twitter Revelations

/ Jack Marshall / 22 Comments

Good Morning!

I know I’ve been belly-aching about the decline in views on Ethics Alarms this year. There are a lot of theories, but one certainty: I’ve written fewer posts.  Beginning in July, I’ve had an unavoidable two-hour commitment during the work week that has compressed my schedule, and removed crucial time that would normally be used, in part, to create one or two additional blog commentaries. The task also left me fatigued and frequently caused time crunches with other projects. That commitment finally ends after today. I would celebrate, but I don’t have the energy.

1. Twitter bites Bill James. James, the free-thinking, courageous baseball iconoclast often credited with creating the discipline of sabermetrics, has been an inspiration to me for decades in his relentless commitment to banishing bias, majority beliefs and conventional wisdom from his analysis. (“Signature significance,” often mentioned here, is Bill’s term.) Yesterday, I learned that Bill was once again the target of fury within the baseball establishment (it doesn’t “get” Bill, and never will), this time because of a series of tweets he issued in discussing baseball with some followers.  Inspired by Washington Nationals free-agent outfielder Bryce Harper’s rejection of a 300 million dollar offer from his club, Bill was musing about the conventional wisdom that players. especially stars, are the reason people watch baseball. Among other tweets, he wrote,

“If the players all retired tomorrow, we would replace them, the game would go on; in three years it would make no difference whatsoever. The players are NOT the game, any more than the beer vendors are…The entire GAME is the product…We’re all replaceable, the players as much as the beer vendors. If they’re unhappy about that, talk to God about it; I don’t make these rules.”

This attracted the ire of the Players Association, which deliberately or  foolishly misconstrued what James was trying to convey. As a long-time reader of James’ work, I have seen this theme before. It’s a simple (but too complex for most players and broadcasters, essentially) proposition: even if the over-all quality of the players was reduced, the game being played would look and feel the same, its thrills, strange bounces and dramatic turns would be unchanged, the new, lesser players would yield new stars, and the popularity of the sport would not be significantly diminished. James makes such observations to jolt people out of comfortable assumptions, and force them to think. Too many people in baseball don’t want to think, or don’t know how. James also suggested that for a baseball player who was paid $3,000,000 a year to feel underpaid was ridiculous in some respects. Of course the Players Association and the players themselves couldn’t let that go without objection.

James is a consultant to the Boston Red Sox, and the team felt it had to reject James’ theories in this matter…mustn’t make the union mad, after all. The team wrote:

“Bill James is a consultant to the Red Sox. He is not an employee, nor does he speak for the club. His comments on Twitter were inappropriate and do not reflect the opinions of the Red Sox front office or its ownership group. Our Championships (sic) would not have been possible without our incredibly talented players — they are the backbone of our franchise and our industry. To insinuate otherwise is absurd.”

Of course, James never said that the game could be played without players.

To his credit, and typical of him, James took full responsibility for the mess. “I understand that the Red Sox are not in business to offend people, and certainly regret that I gave offense to anyone,” he wrote. That was clearly not an apology, nor was it intended as one. James has not retracted his statements. He has said that he should have been clearer. Speaking of his rebuke from the Red Sox, he said,

“I’m not offended. None of us in the organization — or, like me, sort of attached to the organization although not exactly in the organization — none of us should give offense unnecessarily. If I did that — and obviously I must have — it isn’t their fault; it’s mine. I do think that my remarks, taken in context, could not be misunderstood in the way that they have been. But it is pathetic for a writer to say ‘I’ve been misunderstood.’ Our job is to make ourselves understood.”

Yesterday, I heard one of the Sirius-XM Major League Baseball hosts ridicule the idea that a millionaire player shouldn’t feel underpaid, citing the salaries move and TV stars get. But James point, if anything, is more valid in reference to that industry. In my tiny corner of professional theater, I have encountered literally dozens of actors, actresses and artists who are as talented and accomplished as many, indeed most, of the stars who get paid multiple millions for their performances. If every film actor alive decided to emigrate to Denmark, it would take less than three years to replenish the talent pool. It would not even take one.  For the most part, he public goes to see good movies, not stars. Movies, not actors, are the product.

2. Just so you know that I’m a nice guy...A lawyer representing someone I criticized in a post from several years ago contacted me and asked if I would take the post down. His client, he told me, has been periodically contacted on social media by individuals who have read my post, and she is embarrassed by the episode I was writing about. The lawyer did not demand that I remove the post. He did not claim that I had defamed anyone; he conceded that I had published an opinion within my range of expertise, and that he had no grounds to force me to do anything. He just said that his client would be very grateful if I took down the post.

I checked the statistics. I rather liked the essay, but it had attracted few comments, no more than a hundred or so people had read it, and the topic was now moot. I took it down.

3. The Bad Guys (cont.) Matt Yglesias is an infamous left-wing pundit, and not a very bright one, in my experience. Naturally, he writes for Vox. In the wake of another leftist mob setting out to intimidate those with whom they disagree (Note: I will NOT take down a post if a mob outside my house demands it) Yglesias tweeted,

I think the idea behind terrorizing his family, like it or not as a strategy, is to make them feel some of the fear that the victims of MAGA-inspired violence feel thanks to the non-stop racial incitement coming from Tucker, Trump, etc….I agree that this is probably not tactically sound but if your instinct is to empathize with the fear of the Carlson family rather than with the fear of his victims then you should take a moment to reflect on why that is….I met a woman who didn’t leave the house for months because she was afraid of being picked up by ICE and never seeing her US citizen kids and husband again. What sense was there in terrorizing her family?…I honestly cannot empathize with Tucker Carlson’s wife at all — I agree that protesting at her house was tactically unwise and shouldn’t be done — but I am utterly unable to identify with her plight on any level.

The entire series is signature significance for someone with no ethical comprehension or bearings whatsoever. There is nothing here but bias and rationalizations, and no news  organization who employs such an ethically-handicapped writer can be trusted or taken seriously. Because an illegal immigrant is frightened of the fair and legal consequences of her own actions and choices, it is legitimate for a mob to terrify the family of conservative news commentator. Allow me to add intellectual bankruptcy to Yglesias’s undeniable maladies.

Now he’s deleted all of his tweets. Too late! We know you’re a vicious, biased idiot, Matt.

Evening Ethics Leftovers, 11/8/2018: Acosta, Beto, Tucker, And Claire

/ Jack Marshall / 81 Comments

Good evening…

1.  The Jim Acosta Affair. I suppose my analysis of this hypocritical flap will surprise no one. No White House reporter who behaved as Jim Acosta did at the press conference yesterday would have been defended by his employers or other journalists. Dan Rather (with Nixon) and Sam Donaldson (with Reagan) were rude and confrontational (Funny how the only examples of journalists being disrespectful to Presidents involve Republicans–nah, there’s no mainstream media bias!), but nothing like Acosta was and has been. Imagine a journalist defying President Obama like that! It wouldn’t happen, but as with so much else, the rules are somehow different for President Trump.  This news media’s reporters have decided, consistent with the attitude of progressives and the “resistance,” to withhold even minimum respect and deference to the Presidency as long as Donald Trump occupies the office.

Acosta was not asking questions, but arguing his position with the President. That’s not his job, or his privilege. When the President told him repeatedly “That’s enough,” Acosta did not stop. That, all by itself, justified pulling Acosta’s credentials. The White House was foolish to concentrate on Acosta pushing the intern away. He had crossed the line before that; indeed, he had crossed the line of what the White House should require from a journalist many times before.

If Acosta apologizes to the intern and the President, and promises not to abuse his opportunity to ask questions at press briefings and press conferences, to exhibit a minimal level of respect, then the White House should give him another chance.

Commentators calling Acosta’s punishment a First Amendment violation should be ridiculed for the hypocrites they are. Ann Althouse points out that journalists were up in arms when  Trump’s campaign manager Corey Lewandowski was charged with battery for grabbing Michelle Fields, a reporter. The level of contact in the two cases is similar. “Either both instances of battery matter or neither does. Pick one,” says Ann. But there’s a problem that Ann somehow doesn’t see. She writes, “I found myself thinking that Trump and Acosta are both in control and choosing to do this theater of mutual hate.” Acosta and Trump are not equals, however. Acosta is obligated to give due respect to the President of the United States, but the converse does not apply. Continue reading →

Morning Ethics Warm-Up, 11/7/18: Post Gently-Lapping Bluish Eddy Edition

/ Jack Marshall / 39 Comments

Good morning!

Prelude: I guess I’m glad that I don’t have to face the dilemma I described in the previous post. Giving my Facebook friends the in-the-face-rubbing they so richly deserved—yes, it genuinely ticks me off to be accused of taking talking points from Sean Hannity when I point out really, really bad arguments by any objective standard—would have been wrong, but it would have felt so, so good. Actually, I could still justify some nyah-nyahing, because the “resistance” and the Democrats failed miserably last night, but they won’t admit it, and it’s hard to get those who have technically won to admit that, in fact, they lost.

But they did. Let me reiterate, in case there is any confusion, that nothing could make me vote for Donald Trump, now or ever. It is a national tragedy that someone with his temperament and ethical deficits is in the White House. He is an ethics corrupter, like Bill and Hillary Clinton, Barry Bonds, and many others, but the entire Democratic Party has become an ethics corrupter of far more consequence and danger to the country. There are too many factors to balance and weigh, but I think the reason there was no “blue wave” last night is that much of America understands the latter as well despite no illusions about President Trump.

All the Democrats had to do was to be fair, civil, and rational over the past few months, and their dreams might have come true. That they couldn’t do it suggests to me that they are incapable of being fair, civil, or rational, and who wants to trust such individuals with power? As I wrote in a comment this morning,

“All the hate, all the anger, all the boycotts and obscenity, all the fake news, all the legal harassment, all the Sally Yates/James Comey sabotage, all the judicial partisan blocking, all the one-way ridicule on the comedy shows and the bullying on social media, all the Republican retirements, all the NeverTrump tantrums from people like Flake, McCain, George Will and others, the late attacks and threats by right-wing wackos—all of that, and the Democrats picked up a lousy 35 seats or so, with a President who (probably) has an approval rating under water?”

and

“Mid-terms are always examples of regressions to the mean. Everyone once thought that the GOP would lose both Houses and the White House in the last election. Trump behaves like a baboon,and even while his policies are working, people like me are embarrassed to have an ass like this representing the country. The Left’s tactics didn’t work; they played into Trump’s hands.”

This can’t be spun, though the news media will try: In Obama’s first mid-term, the GOP picked up 63 seats. In Clinton’s first, the flips were 54.

1. Speaking of spin, which is the process of misleading the public about events for partisan purposes (it’s unethical) …it’s fun/depressing to consider some of the various headlines linked at RealClearPolitics:

  • “Split Decision: Divided Government Returns to D.C.”  Carl Cannon, RealClearPolitics

(The government was already divided. Trump’s not a Republican, and Republicans within his administration were and are working against him.

  • “For Democrats–and America–a Sigh of Relief” —Frank Bruni, New York Times

(What a great tell.  It’s adorable that to the Times and its resistance pundits, the only Americans they acknowledge are the ones that agrees with  The Times.)

  • “Democrats Won the House, But Trump Won the Election”— Ed Rogers, Washington Post

Bingo.

  • “Trump’s Political Strategy Is Failing” —Ezra Klein, Vox

Klein and Vox are hilarious. I wonder what color the sky is on their planet?

  • “Voters Want Balance, Not Resistance”— Josh Kraushaar, National Journal

I think that’s a fair analysis, but will it stop House Democrats from spending most of their time trying to “get” Trump? Of course not.

  • “Kavanaugh Fight Was the Turning Point for Republicans”— Byron York, DC Examiner

Not just Republicans, but fair and reasonable  Americans. But the ethics corrupting Democratic party has minimized the number of such Americans. Here is part of a letter in the New York Times magazine, extolling an article about the travails of a convicted felon trying to get a law license after serving time for a robbery at gunpoint he committed when he was 16:

“This article left me in tears both for Betts’s years long effort to become a lawyer despite his rehabilitation and for the continued battle to make life fair for brown-skinned people in America. I couldn’t help thinking that our government just voted to allow an alleged sexual predator, and clearly a very angry white man, to the Supreme Court for life….”

Hey, Amy Gittleman (that’s the letter-writer’s name), I’m accusing you of sexual assault. Now you are exactly as much an “alleged sexual predator” as Brett Kavanaugh. Are you angry about that? Of course Kavanaugh was angry: he was smeared in public by a 30-year-old discovered memory alleging his misconduct as a minor. But you think that a conviction of a felony while a black man was a minor shouldn’t be a bar to practicing law, while an unsupported accusation of unreported misconduct as a minor that surfaces with a political agenda should be a bar to joining the Supreme Court if the accused is a “white man.” Got it. You’re an idiot. Who or what made you this way?

  • “Democrats’ Health-Care Revenge”—Jeff Spross, The Week

Classic example of spin. Pick what you want the Democratic House gains to mean, and say that they mean that.

“Dems’ Victory in House Provides Crucial Protection for Mueller”—Elie Honig, CNN

Another tell. The mainstream news media narrative is that the Mueller investigation really, really, really is going to find impeachable acts by the President. It should be obvious that it’s not, and that if an Evil Traitorous Trump had any reason to fear Mueller, he would have fired him long ago. Mueller needs no protection, just a sympathetic and partisan ethics panel.

But this is CNN.

  • “Exit Polls: Majority Say Russia Probe ‘Politically Motivated'” —Philip Klein, DC Examiner

This is because the Russia probe was and is politically motivated. “You can fool some of the people…”

2. But enough about the elections…Let’s talk about our future military leaders and animal cruelty. At West Point, before the annual rivalry football game, two cadets kidnapped two Air Force Academy falcons, the football team’s mascots, threw sweaters over them and stuffed them into dog crates. Aurora, a two-decade old bird, bloodied her wings from thrashing inside the crate, and sustained life-threatening injuries. Army officials  apologized and promised a full investigation.

“We are taking this situation very seriously, and this occurrence does not reflect the Army or USMA core values of dignity and respect,” the academy said in a statement.

The two cadets have the judgement of an Adam Sandler character, and should be kicked out after a hearing. That’s all we need is military officers with that level of sensitivity and common sense.

3. “Walking Dead” ethics. I once regarded the AMC show as the best ethics drama on TV. Indeed, it still has flashes of that: one of the speeches a dead character gave to Rick Grimes in a fevered dream last episode was a wonderful description of ethics. (If only I could find the video clip…. ) But a few seasons ago (this is Season 9) the show started cheating, making the audience believe a favorite character had died horribly by deceptively framing the scene, having the executions of main character Rick Grimes and his son prevented at the last minute by a huge Bengal tiger that was somehow invisible until he pounced on the would-be murderer, and now, strike three, “Rick Grimes’ final episode.”

For weeks, we were told that main character Rick, played by Andrew Lincoln, would finally get chomped or otherwise killed, joining most of the other characters that started out with him in a desperate effort to survive a zombie apocalypse. We even saw him apparently blow himself up, char-broiling hundreds of zombies in the process in a final heroic act, since he was fatally wounded anyway having impaled a kidney on a steel construction rod, bleeding non-stop, and being on the verge of shock trauma.  And then–surprise! At the end of the episode, we see Rick miraculously alive, winging off to somewhere in a helicopter. You see, said the producer on the weekly post-episode show, “Talking Dead,” it was Rick’s final episode on THIS show, but the character survived to emote another day, in a movie, or a spin-off, or maybe even “Walking Dead” after its fans get over being lied to once again.

Election Day Ethics Warm-Up, But Mostly What Yesterday’s Warm-Up Would Have Been If My Whole Day Hadn’t Spun Wildly Out Of Control…

/ Jack Marshall / 22 Comments

Good Morning, Voters!

1. From the “bias makes you stupid” files. Yesterday two smart, once reasonable Massachusetts lawyers of the female persuasion debated me regarding the appropriateness of Dr. Blasey Ford’s late and unsubstantiated hit on Brett Kavanaugh. They were obnoxious about it, too, rolling their eyes and giggling to each other at my position, with one saying that I sounded like her “Southern friends.” I like them both, but a better example of how bias makes you stupid could hardly be devised. Their primary reason why Blasey Ford’s suddenly recalled trauma from the distant past should have been allowed to smear a qualified nominee for the Supreme Court in nationally televised hearings was this: women and girls in those les-enlightened days had good reason not to report rape and sexual assault, as they often were not believed and because a “boys will be boys” attitude prevailed in the culture. Moreover, they said, almost in unison, women still have good reasons not to report sexual assault. “Do you have daughters?” they asked, “gotcha!”-style.

To anyone whose ethics alarms are in good working order and who recognizes the difference between an emotional argument born of gender and partisan alliances and a good one, the rebuttal is obvious and comprises a general ethics principle:

One person’s misfortune, no matter how tragic or unjust, never justifies being unfair or unjust to somebody else.

Accusing anyone of anything three decades after the alleged incident is unfair.

Publicizing an allegation that cannot be verified and for which there is no supporting evidence is unfair.

Using alleged misconduct as a minor to impugn the character  of an adult and a professional with an unblemished record of good conduct is unfair.

Dispensing with a presumption of innocence under any circumstances is unfair.

Dispensing with due process under any circumstances is unfair, because due process is itself fairness. (The two lawyers kept saying that this was not a trail so due process was not involved. The argument is either disingenuous or ignorant. Due process just means procedural fairness, in any context.)

Punishing one individual male for the fact that other males have escaped accountability for sexual misconduct is unfair-–and illogical.

Giving special considerations to one individual female because other females have been unfairly treated regarding their allegations is unfair—and illogical.

The two female lawyers kept saying that my position is a conservative one. It is not. It is not an ideological position in any way, though their position certainly is. May they regain intellectual integrity soon. And I forgive them for being so utterly insulting during our debate.

2. This is essentially a Big Lie argument from Vox: Ezra Klein, Vox creator, tweeted,

I don’t think people are ready for the crisis that will follow if Democrats win the House popular vote but not the majority. After Kavanaugh, Trump, Garland, Citizens United, Bush v. Gore, etc, the party is on the edge of losing faith in the system (and reasonably so).

An esteemed commenter recently accused me of being unfairly dismissive and insulting when a commenter dissents. That’s occasionally true but not generally true, and one circumstance where I may become dismissive and insulting is when a position is indefensible, like this one. It is either dishonest or so obtuse that no one capable of writing it down should be trusted again. Continue reading →

Sunday Ethics Warm-Up, 11/4/2018 (Part I): Gary Hart’s Prophesy, Media Values, And High School Babylon [UPDATED]

/ Jack Marshall / 59 Comments

Good Morning!

I’m headed to Boston this afternoon for one of my semi-monthly ethics seminars for new Mass. bar admittees. I have been having bad luck with keeping up on the blog while traveling of late, so I’m going to post a two-part Warm-Up to try to avoid falling too far behind.

1. Maureen Dowd made my head explode with her ridiculous profile of Gary Hart—you know, Donna Rice, “Monkey Business”—so I’m going to rely heavily on Ann Althouse’s analysis which parallels mine. Her head is just more resilient, apparently. [Tangent: I wonder how Ann’s traffic is doing? I have noticed that progressive commenters have virtually disappeared from her blog as well, where a couple of years ago they were equally represented. I don’t consider Althouse a conservative at all: she is relentlessly objective and non-partisan, and mostly serves as the web’s best bullshit detector. She has, however, defended the President against unfair attacks and hypocrisy, and called out the news media for fake news, fake headlines, and bias. That’s asking for a boycott, apparently.) Hart makes this statement:

“If all that stuff had not happened and if I had been elected, there would have been no gulf war. H.W. wouldn’t have been president. W. wouldn’t have been president. Everything would have changed. I don’t say that to aggrandize myself. It’s just, history changed. And that has haunted me for thirty years. I had only one talent and it wasn’t traditional politics — I could see farther ahead than anybody.”

I could write a long essay about this arrogant nonsense with my eyes closed. Ann had the same instant reaction I did: Funny, you weren’t able to foresee that daring reporters to check on your martial virtue would result in your being caught adultery-handed in Clintonesque trysts, you big dummy. (My words, not Ann’s.) And if hindsight is 20-20, hindsight aternate future readings are even better. Gary needs to study Chaos Theory  a bit more closely, and watch that old Star Trek episode. For all he knows, his election would have resulted in the world being taken over by Mole People.

Althouse also flagged the Dowd section where the Queen of Snark writes,

“As we fantasize about a parallel universe, where America is not a joke and our president cares about other human beings, the same questions keep swirling in our heads. What has happened to this country? Can he be stopped? When will it end? How the hell did we get here?”

Wow, Talk about bias making you stupid. To many of us who are at least as smart as Maureen, America is a joke when it embraces open borders and edicts by international organizations, when it warps the Constitution by declaring that men and police can be guilty until proven innocent if a member of a favored group accuses them, and allows a partisan news media to control public opinion. It’s not a very funny joke, though. Some trenchant comments on Ann’s post:

“I don’t know why I’m still surprised by liberals’ inability to do any real soul-searching. You’d think by now, after many hundreds of “how did we get here, why aren’t smart people like me listened to by the stupids?” articles, I’d give up hope that they will ever open their eyes and see what’s right in front of them. But then I remember, I’m a pollyanna. I can’t give up on anybody.”

***

“It would seem obvious to me that Trump does care about human beings, but not the ones Dowd think he should be caring about. And maybe her friends consider America a joke, and maybe that’s why we got were we are..”

***

“Dowd’s perspective is Technocratic. Society needs to be supervised by an educated elite. Democracy is just mob rule that will lead to ruin. But, we have to put on a facade so that the deplorables will accept our edicts. So we do the election thing, but the real rules are set behind the scenes by career bureaucrats. Politicians and the medias’ job is to set the agenda and influence popular opinion towards the “correct” attitudes”

Bingo. Bingo. Bingo. Continue reading →