Sunday Ethics Warm-Up, 2/10/2019: Icky, Creepy, And Wrong

Good Afternoon!

Working today to train a Clarence Darrow understudy for my Darrow legal ethics seminars that my original Clarence, the estimable Paul Morella, can’t fit into his schedule. I’ll be doing one such seminar in New Jersey this month. You can never have enough Clarence Darrows!

1. On the matter of corporations caving to social media mobs..here’s something completely stupid. Earlier this winter, Delta Air Lines distributed cocktail napkins with message, “Be a little old school,” in small print on the napkin, advertising Diet Coke. “Write down your number & give it to your plane crush. You never know …” There was a space on the napkin where a passenger could write down his or her name and another space for their number. The larger print said, “because you’re on a plane full of interesting people and hey,” again, “… you never know.”

The harmless stunt was condemned by some flyers on social media as “creepy,” and that was enough to spark a dual company grovel.  “We rotate Coke products regularly as part of our brand partnership, but missed the mark with this one. We are sorry for that and began removing the napkins from our aircraft in January,” Delta told USA Today in a statement. Coca-Cola added: “We sincerely apologize to anyone we may have offended. We worked with our partners at Delta to begin removing the napkins last month and are replacing them with other designs.”

I think it’s creepy that I often find myself sitting next to someone on a plane who is so close I can count his or her moles, and that neither of us will say a word to each other  for hours. I can’t fault Delta and Coke for trying to break the ice and encourage a more social atmosphere on planes, especially since the air travel experience has become increasingly grim and uncomfortable. I know more than one couple who owe their long marriage to a number scrawled on an airplane napkin. (Full disclosure: I once wrote a message to an attractive young  flight attendant who was especially effervescent. She smiled, and I never heard a word from her.)

All attempts at human contact with strangers aren’t harassment.

2. Ew. Did the National Enquirer try to blackmail Jeff Bezos? It sure sounds like it. Bezos says that the tabloid threatened to publish “dick pics” from his social media output if he didn’t get his paper, the Washington Post, to back off from its accusation that the Enquirer’s coverage of the nasty Bezos divorce was based on political animus rather than good ol’ old-fashioned tabloid sleeziness. You can read the Bezos blog post here.

The theory seems to be that the Enquirer is doing the bidding of President Trump, Saudi Arabia, or someone or something equally nefarious. And yes, the head of the Enquirer’s publishing outfit really is named “Pecker,” and it has nothing to do with the Bezos junk shot. Bezos is apparently releasing the Weiner-like photos someone hacked from his account to foil the extortion attempt. Let’s see: a) Nothing could lower my opinion of the National Enquirer. b) Ethics Alarms subscribes to the Naked VIP Principle, which is that if you are a public figure and send pictures of Mr. Wiggly to ANYONE over the internet, you deserve no sympathy for anything unpleasant that happens to you as a result.

I don’t care if “everybody does it’ (and if everybody really is taking crotch selfies and mailing them to friends and strangers, I don’t belong on this planet any more), if you do this, I don’t want to have anything to do with you.

3. This is useful for things like the Green New Deal. From the National Review, Williamson’s First Law. “Everything is simple if you don’t know a fucking thing about it.”

Perfect.

4.Now THIS is rejecting the presumption of innocence. Again: the position here is that Justin Fiarfax cannot do his job while under suspicion of serial rape allegations from named accusers willing to testify under oath, and should voluntarily step down. Duke, however, is asking him to leave a board using the false principle of guilty until proven innocent and “believe all accusers” standards.

“I am writing to let you know that Justin Fairfax will be asked to step down from the Sanford School Board of Visitors pending the resolution of the serious and deeply distressing allegations that have been made against him,” Dean Judith Kelley wrote in an email  to Sanford staff and students. “Sexual assault is abhorrent and unfortunately can occur right around us. I urge everyone to take survivors of sexual assault seriously, and to help build an environment that is safe and supportive for everyone,” she added.

Wrong. His presence does not make anyone “unsafe” because an unproven accusation has been made. Nor is it not taking sexual assault seriously to refuse to use a mere accusation to strip an accused man of his positions and honors. The board membership is mostly honorific. Duke is taking sides where it should be neutral. Continue reading →

Morning Ethics Warm-Up, 2/6/2019: State of the Union Ethics, And More

Hello, Austin!

At least, that’s what I’ll be saying later today, as I arrive in the Texas capital to give my country music ethics seminar, sung by the remarkable Mike Messer, to a group of over a thousand corporate lawyers. It’s certainly better than lying around coughing, which is what I’ve been doing lately.

1. Update: Facebook still won’t accept Ethics Alarms links. This is seriously depressing me. I can’t get Facebook to respond or explain, and so far WordPress hasn’t been any help either. In the past, posts here have attracted tens of thousands of Facebook shares; most got at least a couple. Now there are none. This affects traffic, it affects everything. On one level, I’m tempted just to leave Facebook entirely. It’s not a very pleasant place these days, and the company is despicable. That doesn’t solve the problem though. After all the work and time I have spent trying to develop the blog, watching its readership and circulation go backwards is infuriating. I also don’t know how paranoid I should be about all of this.

2. State of the Union notes. The speech is always political theater, and largely irrelevant unless it is botched or something weird happens, like “You lie!” or Obama attacking the Supreme Court. I find it amazing that so many pundits couldn’t keep their cognitive dissonance in check, and give some semblance of an honest, if grudging, analysis of what one would have to call an excellent performance—and that’s all the SOTU speech is, a performance— by Donald Trump standards, and a wise performance from a Presidential perspective. At a time of near maximum divisiveness, the speech was upbeat, optimistic, and patriotic. You have to really, really hate the man to condemn that speech….and that’s how most of journalists and pundits feel. I especially liked Salon’s “Donald Trump 2019: Same lying racist he was last year.”  CNN’s Van Jones was also self-indicting, saying,  “I saw this as a psychotically incoherent speech with cookies and dog poop. He tries to put together in the same speech these warm, kind things about humanitarianism and caring about children, and at the same time he is demonizing people who are immigrants in a way that was appalling.”  On the other side of the wacko divide, Ann Coulter called the speech “sappy” and was upset because Trump didn’t talk more about the wall. Is there anyone other than Coulter than wants him to talk more about the wall? We need a special confirmation bias clinic for these people. Also: Continue reading →

Monday Morning Ethics Warm-Up, 2/4/19: Super Bowl Hangover Edition

(Nice job, Gladys. Thanks)

New Rule:

I’m not saying “Good Morning!” until I can do it without coughing.

1. Is this hypocritical…or maybe just greed? Cardi B—if you don’t know who the singer is, then you are just hopelessly out of step— Cardi B refused to perform at the Super Bowl halftime show out of support for former NFL quarterback Colin Kaepernick. Then she showed up on the broadcast in a Pepsi ad.

Of course, the half-time gig doesn’t pay, and Pepsi does, but if you are boycotting the Super Bowl, how can you justify appearing in a Super Bowl ad? Well, performers tend not to be deep thinkers…

2. The Washington Post Super Bowl commercial…

Yes, the Post spent an estimated ten million dollars for pro-news media propaganda. Desperate and self-indicting, in my view. The best way for the Post and other mainstream news media to convince the public that they are trustworthy is for them to do their jobs ethically, and they obviously do not. This self-glorifying ad comes one week after the Post led the media attack on a 16-year old Catholic school student without checking the veracity of a deceptively edited videotape or talking with the student involved. The Post was indulging its anti-Trump bias by casting a kid wearing a MAGA hat as a racist. How did this disgusting and unethical performance embody the platitudes Tom Hanks mouthed in the ad—“There’s someone to gather the facts. To bring you the story. No matter the cost. Because knowing empowers us. Knowing helps us decide. Knowing keeps us free”? How about the Post actually doing those things, rather than spending millions to convince people that they are, when the evidence says otherwise?

Just as the ad was running yesterday, we learned of a 2004 sexual assault allegation against Lt. Gov. Justin Fairfax that the Post decided at the time wasn’t credible enough to report on.  Why? Well, theories abound. Maybe it wasn’t credible, but then, I thought the idea was to believe all women. How could it have been less credible than some of the accusations against Brett Kavanagh that the Post reported when it was trying to sink his nomination? Does the fact that Fairfax is a Democrat have anything to do with the Post’s “objective news judgment”? Might not Virginia voters have wanted to make up their own minds about the allegations, when Fairfax was running for Lt. Governor?

Tell us again about how “democracy dies in darkness,” Tom. Continue reading →

Super Bowl Sunday Ethics Warm-Up, 2/3/219…To Remind You That You Can’t Be Serious About Ethics And Support The NFL. Sorry.

ARE YOU READY FOR SOME

...ethics?

Started this post in the morning; now, after another wipeout sick day, I’m trying to get it up before midnight. I’m sorry.

1. As a refresher...here’s last year’s Super Bowl guilt trip. I’d write a fresh one, but believe it or not, I’m still sick and in bed. Key quote:

It’s your choice. If you do choose to cheer on the Pats and the Eagles [this year, the Rams], though, don’t pretend that you don’t know that what you’re really cheering, enabling, and ensuring will keep ruining lives.

Incidentally, NFL TV ratings are way up this year. DEE-FENCE!

2. Today’s blackface news...This is not a parody; academics really are this ridiculous: in New York Times op-ed too dumb to link to, headlined ‘Mary Poppins, and a Nanny’s Shameful Flirting With Blackface,’ Professor Daniel Pollack-Pelzner argues that the scene in the original 1964 film in which Mary cavorts with the chimney sweeps and ends up with her face blackened by soot is racially offensive, because it emulates blackface. Points:

  • This utterly deranged PC nonsense was actually seemed worthy of publication.
  • This tells us the risks parents of today take by entrusting the minds of their children to irresponsible institutions and educators who have devolved into advocates for racial paranoia.
  • Linfield College, in Oregon, employs this lunatic, meaning that its administrators think that someone who watches a fantasy dance number performed by chimney sweeps and sees a racist message can be trusted to teach its students.
  • Downton Abbey creator Julian Fellowes, who collaborated on the 2004 stage adaptation of Mary Poppins that returns to the West End later this year, explained for the benefit of the Times, the crazy professor, and anyone so gullibve as to take either of them seriously, that Mary’s acceptance of the soot on her face is meant to be a gesture of support for the sweeps. “All she wants to do is join the sweeps and show them she isn’t standing apart – that she wants to belong to that group. It’s a touching scene and it displays a warm friendliness towards the sweeps,” he said. Funny, I was able to figure that out when I saw the film the first time, and I was 14-years old.

Continue reading →

Ethics Dunce And Incompetent Elected Official Of The Month (Yes, Even More Than Virginia’s Gov. Northam!): Dearborn, Michigan Mayor Jack O’Reilly

Henry Ford was an important industrialist, innovator and inventor, and a towering figure in automotive history. Nobody, however, mistook him for nice guy. In addition to many ruthless tendencies, Ford was well documented anti-Semite, even by the ugly standards of his time, when that particular form of bigotry was generally considered reasonable. However, when the city-funded Dearborn Historian included a article documenting Henry Ford’s anti-Semitism, the city’s mayor, Jack O’Reilly, killed the issue, ordering the museum that produces the magazine not to mail it out.

Dearborn is where Ford was born, where his estate is, and where he built his flagship motorcar factory. For some reason that apparently means to O’Reilly that the folks who live there should know less about their town’s most famous and accomplished resident that everyone else. Ford’s hatred of Jews is, after all, hardly news: he was open about it when he was alive; there are books about it; and his family has been trying to live down the shame of that part of his legacy for decades.

Oh, never mind all that: the false lesson being pushed on our society in recent years is that inconvenient history disappears if you erase the record of it. This is the message of all the screeching and crunching metal sounds from The Confederate Statuary Ethics Train Wreck, and all the other attempts to airbrush the bad stuff from industrial, local, national and personal histories. O’Reilly is a true believer that Henry Ford’s not-exactly-good name will be cleansed by making sure as few citizens as possible know what a creep he was when he wasn’t revolutionizing American industry and changing lives of Americans for the better. He is, in other words, a censorious fool. Continue reading →

Groundhog Day Ethics Warm-Up: 2/2/2019

Happy Groundhog Day!

1. Gov. Northam ethics Updates  a)There are reports that Virginia’s beleaguered governor will resign tomorrow. b) Then again, maybe not. The Times has this amazing story:

Gov. Ralph Northam of Virginia, facing intense pressure to resign from fellow Democrats after admitting that he posed for a photo in a racist costume as a medical student more than 30 years ago, was calling state Democrats on Saturday to say he did not think it was him in the picture and that he would not resign… in phone calls on Saturday morning he said he had no recollection of the yearbook image of two men, one in blackface and the other in Ku Klux Klan robes….

In addition to calling state Democratic officials, Mr. Northam has been calling former classmates at Eastern Virginia Medical School in an effort to determine more information about the picture — and to survive a crisis that is threatening his year-old governorship, according to a Democrat familiar with Mr. Northam’s calls.

This Democrat said the governor was determined to prove it was not him in the photograph and was even considering using facial recognition software. The governor, the Democrat said, had wanted to take responsibility on Friday night, which was why he apologized for appearing in the picture without acknowledging which person he was in the image.

Now he has to resign because he has proven that he’s an idiot. He began by admitting that he was definitely one of the two men in the photo and apologizing. If he wasn’t, does that mean that there’s another photo of Northam in a Klan get-up or in blackface? Why would he admit to dressing up in blackface or as a Klansman if he never did so? Was this so routine for him that he wouldn’t remember if he did it or not that particular time? Was he lying when he admitted that he was in the photo–and why would he do that?—-or lying now in a desperate attempt to save his career? Ugh. Show some dignity, man.

c) Conservative bloggers and pundits are enjoying this revolting spectacle way too much. Allahpundit: “Killing babies on the table is one thing, but an old blackface photo is where America draws the line.” Charlie Kirk:

David Bernstein: “The standards on past indiscretions confuse me. If we had had a picture of Ted Kennedy driving a car off a bridge and leaving his passenger to die while he planned a cover up, would he have had to resign?”  And when Planned Parenthood demanded that Northam resign, we got this…

d) Ann Althouse, as I assumed she would, is dubious about the fairness of condemning Northam for an unexplained use of blackface 35 years ago. “Here‘s the Wikipedia list of celebrities who’ve done blackface, ” she writes. ” Would those who want to exile Gov. Northam agree that all of these people should be shunned retrospectively (even the dead ones)? Fred Armisen, Fred Astaire, Dan Aykroyd, Jack Benny, Fanny Brice, George Burns, Johnny Carson, Joan Crawford, Billy Crystal, Robert Downey Jr., Judy Garland, Alec Guinness, Rex Harrison, Jimmy Kimmel, Dean Martin, The Marx Brothers, The Lone Ranger, Carroll O’Connor, Frank Sinatra, Red Skelton, Grace Slick, The Three Stooges, Elizabeth Taylor, Shirley Temple, John Wayne, Gene Wilder.

Of course, as Ann must recognize, all of those individuals, unlike Northam, were or are performers whose use of dark make-up was related to a particular role, skit or musical number. Continue reading →

Morning Ethics Warm-Up, 2/1/2019: Dumb, Dumber, Fake, and Fakiest

At least this guy has hair…

If I’m out of bed, it’s morning to me…

1. Update. Wow. My furious ex-Ethics Alarms commenter actually filed a motion to oppose my motion to extend the time to file a response brief to his rambling 70+ page, incoherent rant of an appellant brief, as he tries to get the dismissal of his defamation suit against me overturned. Such extensions are granted as a matter of course and courtesy, and real lawyers never oppose them, so a petty motion like that sends a strategically unwise signal to the court that this is not really a legal matter but an abuse of process to pursue a grudge. Of course, reading the brief itself makes that clear.

2. Incompetent Elected Official Of The Day: Rep. Jason Crow (D-Co), who tweeted about the President sending troops to the border,

This guy needs to be sent back to government kindergarten. Troops are almost always deployed for political reasons, both national and international. Does he remember when LBJ sent troops into Selma? How about Truman using troops to break the railroad worker’s strike? Commenter Tim Levier correctly notes, “What troop was ever deployed for a non-political agenda? They go where the politicians send them. And what better place than in their home country defending their actual borders for national defense?”

The  new class of Democratic representatives is one for the ages. What an idiot. Continue reading →

Open Forum, Sick Host Edition

The chair is empty.

I’m going to hand the blog over to you right now, since I am temporarily incapable of going two minutes without sneezing, coughing, gagging or sleeping. Maybe I’ll be able to catch up on posting some Comments of the Day as well, since that takes about a tenth as much time as a full post. Or maybe I’ll just crawl off into the snow and let nature take its course.

Yes, I’m feeling sorry for myself. Make me proud, ethics lovers…

Morning Ethics Warm-Up, 1/28/19: Ethics Avalanche!

ARRGH!!!

Too many festering ethics issues to cover in as much detail as they deserve…

1. The deterioration of the New York Times, and with it respectable print journalism, continues. Over the weekend, the Times published a very large, front page diagram showing the President in the middle of a circle of indicted aides, advisers and others with some connection to his campaign. (I’m looking at it right now; I can’t find a version on the web to post.) It belongs in the Guilt by Association Hall of  Shame, and some other shameful halls as well. Literally none of the indictments involve any campaign activities by Trump or his campaign that would constitute illicit cooperation with Russia to affect the 2016 election—you know, the supposed point of having a Special Counsel. The bulk are so-called “process” violations, which means that the individuals lied in some aspect of the investigation, and was charged to pressure him to “flip” on the President.The one individual whose charges are linked to Trump is Michael Cohen, whose actual crimes had nothing to do with Trump, and whose alleged crime involving Trump–paying off an adulterous sex partner to keep quiet—is probably not a crime at all, even though Cohen pleaded guilty to it to save his skin.. The graphic proves nothing and clarifies nothing. It is just raw meat for Trump-haters, asserting guilt without substance. Similar circles could be assembled around many, many national figures and politicians (Bill Clinton comes to mind, and Barack Obama), especially following two years of targeting their associates.

2. Ann Althouse vivisects Tom Brokaw.  Just go to this link and read Ann’s expert commentary on Tom Brokaw’s bizarre turn on “Meet the Press,” and the even more bizarre tweets he issued to apologize to the social media mob for opining that “Hispanics should work harder at assimilation.” (Hispanics assimilate just fine, especially when they are here legally.)

Yes, poor Tom really did tweet, ” my tweet portal is whack i hv been trying to say i am sorry i offended and i so appreciate my colleague.” 

3. This would be an unethical quote of the day except that CNN fake media ethics watchdog Brian Stelter says and writes unethical things so often that it is no longer worth highlighting. Stelter re-tweeted with favor this quote from a panelist on his show as they discussed Rep. Alexandria Ocasio-Cortex:

“She’s got a target on her back because she ticks every box that makes conservative men uncomfortable.”

Of course, this is pure race- and gender-baiting, the progressive and media reflex response to any criticism of female or minority Democrats, and insulting to women and progressive men as well. I assume many of the latter—the smart ones, anyway—are also made “uncomfortable” by arrogant, ignorant, under-qualified, anti-Semitic, Socialist naifs who garner a disproportionate amount of publicity while advocating absurd and irresponsible policies. A member of Congress who blathers like AOC would be like fingernails on a blackboard if she were a midde-aged he of Nordic descent.

Boy, Stelter is terrible. I hereby apologize to Howard Kurtz for being so hard on him when he had Stelter’s job. Compared to Stelter, Howard is me. Continue reading →

Comment Of The Day: “KABOOM! Biden Takes A Bribe”

Well, yes, he took the 30 pieces of silver, but Judas genuinely supported what the Romans had done, in a spirit of bi-partisanship…

Side-issue: Is it proper to give out a Comment of the Day when it is almost entirely a quote from another source? In this case, I’m doing it, in part because the commenter, Michael, is perfectly capable of writing the same sentiment just as articulately, if not better, and second, because I want his argument on the record, because it is so wrong.

I must admit, I never expected anyone to disagree with the post regarding Joe Biden’s betrayal of his party in exchange for $200,000. Such speaking fees are per se ethically dubious, as the Clinton Foundation experience should have taught us, especially when the speaker is a blathering fool like Joe Biden. I’d pay something to hear Hillary, Bill or Obama speak. But giving Biden six figures for his usual gaffes reminds me of Gerald Ford’s speaking fees after he left the Presidency. Gerald Ford never gave a non-soporific, inciteful speech in his life. He was selling influence, just like the Clintons, and just like Biden. It’s not illegal if you’re not holding office, but it is always unethical.

What Biden did was especially unethical. Both Michael and his authority call what Biden did bi-partisanship. It was not. Bi-partisanship is when partisan elected officials work across the aisle toward legislation and policies that their had-core party base might oppose, in the best interests of the nation and the public. That’s ethical, because an elected official’s duties, which all swear tom are bipartisan. Joe Biden, however, is not an elected official. He is a leader of the Democratic Party. His duty is to the party and the party’s legitimate interests. If he does not support those interests, then he should stop calling himself a Democrat, or at very least abstain from leadership.

Biden’s duty was to try to make sure his party won the House. Losing the House would have been a disaster. For all he knew, that single race might have been the difference between a House majority and a Democratic loss. He could not ethically choose his own interests over the party, and that’s what he did. The endorsement was based on Biden’s personal interests—cancer research, because of his son—and not the party’s. This is a serious conflict of interest. Now, since Joe is a dolt, this might not have occurred to him. Still, based on his personal agenda, he saw fit to harm the prospects of his own party’s candidate. Betrayal, by definition. Frankly (to quote from Miachel’s quoted source), I don’t care whether “most Americans” don’t recognize what’s wrong here. Most Americans, indeed most politicians, don’t comprehend what conflicts of interest are. I do. It’s my job.

Biden’s conduct was unethical, placing his personal agenda above hos party’s, even before we get to the ugly fact that he was paid to do it—by a foundation run by the family of the GOP candidate he was praising. Note that the piece ahead doesn’t mention this little detail at all.  It’s hilarious, really. “This is what we’ve come to: partisans attacking a lifelong public servant because he has the nerve to show active support for a member of another party who played a key role in the passage of legislation that vastly improves efforts to fight a disease that took the life of his child.” Yes, and all he need to work up that “nerve” was a check for $200,000. 

Here is Michael’s Comment of the Day on the post, KABOOM! Biden Takes A Bribe:

My “feeling” (perhaps naive, or perhaps you infer more than I do) are almost captured by this from The Hill:

“Recently, the New York Times breathlessly reported that former Vice President Joe Biden had the temerity to praise a long-serving Republican member of Congress during a speech to a Midwest audience in the run-up to the 2018 election. This member—Rep. Fred Upton of Michigan—went on to win re-election by a relatively narrow margin. And now that Biden is signaling that he may very well run for president in 2020, the partisan knives are out—and it’s members of his own party who are holding them. This sad little vignette exemplifies exactly what is wrong with American politics today.

“Mr. Biden stunned Democrats and elated Republicans by praising Mr. Upton while the lawmaker looked on from the audience,” the Times reports. “Alluding to Mr. Upton’s support for a landmark medical-research law, Mr. Biden called him a champion in the fight against cancer—and ‘one of the finest guys I’ve ever worked with.’” As the Times also notes, Upton had nothing to do with Biden giving the speech, and there is “no evidence Mr. Biden was motivated to praise the lawmaker by anything other than sincere admiration, stemming from Mr. Upton’s role in crafting the 21st Century Cures Act after the death of Mr. Biden’s elder son, Beau, from cancer in 2015.”

This is what we’ve come to: partisans attacking a lifelong public servant because he has the nerve to show active support for a member of another party who played a key role in the passage of legislation that vastly improves efforts to fight a disease that took the life of his child. It’s shameful, self-serving—and frankly bad politics. Most Americans would look at Biden’s praise for Upton for what it is: a genuine expression of humanity, respect, and gratitude. Upton responded in turn: “Being in the audience with my family and hearing Vice President Biden reference our work together was an immense honor…He was warmly received by everyone in attendance who were thrilled to have him there, including myself.”

As Biden spokesman Bill Russo says in response, “Vice President Biden believes to his core that you can disagree politically on a lot and still work together in good faith on issues of common cause—like funding cancer research.” Biden himself responded similarly and with good humor: “I read in New York Times today…that one of my problems is if I ever run for president, I like Republicans,” Biden told the Conference of Mayors. “Bless me, Father, for I have sinned.” He added: “But, you know, from where I come from, I don’t know how you get anything done…unless we start talking to one another again.” Continue reading →