Journalism & Media

Morning Ethics Warm-Up, 10/18/2017: Welcome To My World! Special Legal Follies Edition

/ Jack Marshall / 14 Comments

Good Morning!

1  Oh, let’s begin the day with Roy Moore, the former Alabama judge and present wacko whom Alabama Republicans voted to represent the GOP in the 2018 U.S. Senate election, thus proving that there are a lot of deplorables in the state. As was completely predictable given his record, Moore recently told his drooling followers (after being introduced by Abraham Hamilton, Alexander Lincoln being unavailable),

“Somebody should be talking to the Supreme Court of the United States and say, ‘What gives them a right to declare that two men can get married?. . . Tell the Congress: Impeach these justices that put themselves above the Constitution. They’re judicial supremists and they should be taken off the bench.”

Comments Jonathan Turley,

So Moore believes that he should not have been removed from the bench for putting his personal religious beliefs above the Constitution, but justices should be removed if they interpretation the Constitution in a way that contradicts his religious beliefs.  This, he insisted, would ‘solve the problem….such a view would violate not just fundamental principles of judicial review but it would violate the impeachment clause.  As the last lead counsel in a judicial impeachment case (in defense of Judge Thomas Porteous), Moore’s view is deeply troubling.  As I have previously written, the Good Behavior Clause of Article III was designed to protect the independence of the judiciary and insulate it from political pressures.  It was meant as a guarantee of life tenure against precisely the type of threat that Moore is endorsing. 

But it’s pointless to make genuine legal and historical arguments against someone like Moore. He’s a theocrat, a fanatic, a bigot and a demagogue. The Republican Party should endorse his opposition and campaign against Moore. This fiasco is their fault, and someone like Moore should be kept out Congress at all costs.

2. Now to someone who is, incredible as it seems, somewhat less ridiculous, this gentleman, Christopher Wilson…

 

No, that’s not a botched tattoo on his forehead: the blurry words are “fuck” and “sluts”, making the whole, eloquent message, “I’m a porn star. I fuck teen sluts.” This roughly translates into  “Look at me! I’m an idiot!”  The newspapers that refused to print the blurred words (the police had the mugshot altered) that are essential to the story, meanwhile, are telling us, “We don’t understand our profession.” The story is incomprehensible if the actual words aren’t clear, literally or figuratively.  Fox News and the NY Post, for example, say, “The Cincinnati man has the words “I’m a pornstar” tattooed on his forehead” and “another vulgar message” tattooed below.” Since the issue is whether the message on his FACE is going to prejudice the jury in his trial for sexual assault, this is juvenile coverage omitting key information to avoid “giving offense.”

Ethics Alarms to the news media: Grow up.

Turley (again…he loves the tattoo stories) writes,

“The court will be left with a question of whether the tattoo is too prejudicial or whether it is unavoidable as a personal choice of the defendant….Yet, these tattoos contain an admission to the crime at issue in the trial.  In the end, a judge could legitimately conclude that this falls into the category as bad choices bringing even worse consequences.”

What? First, the defendant is not charged with fucking teen sluts while acting as a porn star. That conduct could well be consensual and legal.  Turley is also wrong that the judge could “legitimately” allow the jury to see his message. In both cases involving a defendant’s prejudicial tattoos, the judges agreed that they had to be made invisible, in one case using make-up… Continue reading →

The NFL Is In Ethics Zugswang, But It’s For A Good Cause

/ Jack Marshall / 42 Comments

Remember this, the essay a University of North Carolina athlete submitted to one of his courses—he got an A—leaked to the news media in 2014?

On the evening of December Rosa Parks decided that she was going to sit in the  white people section on the bus in Montgomery, Alabama. During this time blacks had to give up there seats to whites when more whites got on the bus. Rosa Parks refused to give up her seat. Her and the bus driver began to talk and the conversation went like this. “Let me have those front seats” said the driver. She didn’t get up and told the driver that she was tired of giving her seat to white people. “I’m going to have you arrested,” said the driver. “You may do that,” Rosa Parks responded. Two white policemen came in and Rosa Parks asked them “why do you all push us around?” The police officer replied and said “I don’t know, but the law is the law and you’re under arrest.

I think about this when I’m reading manifestos from pro football players who think the on-field protests that they can’t adequately explain are vital to national discourse. The protests aren’t, and the protesters aren’t. All of the articles about how protests are inherently patriotic are revealed as lies when the protests they are extolling are this divisive, this costly, and this pointless. The Kneelers are almost entirely filthy rich, maleducated, pampered, narcissist dead-heads whose critical thinking skills are infantile, and whose literacy is dubious. What entitles them to a national canvas every Sunday upon which to scribble their graffitti? Nothing. And by continuing to scribble, they are gradually reducing the visibility of that canvas, as well as the viability of their own occupation, which is short-lived already.

The NFL, meanwhile, is stuck in ethics zugswang by its own incompetence. Allow the players to continue making a mindless Fall ritual of mob ecstasy over the visceral pleasures of watching behemoths in armor crush each other an exercise in cognitive dissonance, and the NFL betrays its ticket-buyers, business partners, sponsors and stock holders. Tell the players to protest on their own time, and the NFL is siding with a President who crossed a line by telling a private business how to manage its employees, and setting itself up as opposing “police brutality,” thus Black Lives Matter, thus African Americans.

Meanwhile, the liberal punditry and news media, which doesn’t give a fig about football, is cheering on the Kneelers even as it drives the NFL into cultural harikiri. It’s a little like some of the more disgusting of the anti-gun fanatics when they reacted to the Las Vegas shooting: “Well, it was a lot of conservatives, so who cares, as long as we can use it to ban more guns.” Same here: Liberals, who are far from the core audience for pro football, are quite happy to see the NFL form a circular firing squad if it furthers “the resistance” and progressive narratives, if even for a little while.

An instructive example was a column earlier this month from the Times’ latest hard left op-ed writer, David Leonardt. Called “The Choice Between Winning And Kneeling,” it purported to be a “protest smart” exhortation to the NFL kneelers, without ever articulating exactly what this foggiest of all protests is supposed to win.

Leonardt begins with five inspiring and completely irrelevant paragraphs about the civil rights protests on the Sixties. This is intended to sanctify the NFL kneelers’ grandstanding, but accomplishes the opposite. That protest movement had clear and specific goals. Blacks and fair Americans wanted an end to Jim Crow. They wanted blacks to be able to vote, as the law said they could. They wanted an end to segregation, and discrimination by public commodities. They wanted to have equal justice under law enforced.

Making the intellectually dishonest leap from Selma to the football field, Leonhardt states, “The professional athletes doing political battle with President Trump are heirs to the civil-rights movement. They are protesting government-sanctioned violence against African-Americans,” thus falling flat on his face immediately. Wait: are they opposing President Trump, or are they “protesting government-sanctioned violence against African-Americans”?  Is he suggesting that Trump favors violence against African-Americans?  Who and what is the protest about?

Well, some are protesting one, some are protesting the other, and some are just going along for the ride. By what measure does Leonardt make the factually false statement that violence against African American is “government-sanctioned”? The U.S. government encourages people to kill blacks? No,  it doesn’t.  Leonardt dishonestly links to the Washington Post data base on police shootings, as if this supports his slur.  Among other things, those statistics show more whites shot than blacks. Never mind. Leonardt is just trying to pretend the NFL players have a clue what they want.

We know what legislative and societal measures Martin Luther King wanted. What measures would address the Kneelers’ concerns? A law declaring that police must never shoot blacks when the officers felt threatened? Officers counting to five before using their gun if a suspect is black, and just to three if he’s white? Automatically pronouncing any officer who shoots and kills a black man as guilty of murder? Dispensing with juries when white officers are involved, and using “innocent until proven guilty” as the standard when black officers are involved? Colin Kaepernick thought that any officer who shoots a black man should be automatically suspended without pay, before any investigation. Is that the goal? As I have noted before, “ending systemic oppression”  is just a slogan. It is meaningless. If it is meaningless, so is the protest calling for “something” to be done about it.

Leonhardt doesn’t care. He just wants to promote societal division; it’s the Leftist Way. “From a moral standpoint, this issue is clear. The athletes are right — and have every right to protest as they have. Trump is wrong, about the scourge of police violence and about freedom of speech,” he writes. Really? What are the athletes “right” about? Even they don’t know.  The President has never said that police violence was or wasn’t a problem, but I thought Leonardt just wrote a few sentences before that the protest was about “government-sanctioned violence against African-Americans,” didn’t he? But he linked to a source about police shootings involving all races. Whatever! This is an op-ed for the choir, and not its brightest members, either: there’s no genuine analysis or reasoning, just shotgun endorsement of broad progressive cant. Blacks oppressed. Police bad. Guns bad. United States racist. Trump racist.

Trump, of course, is completely correct about freedom of speech in this matter: employees don’t have a right to turn the workplace into their own, personal Sixties college campus. But, you see, Trump is intrinsically “wrong,” so even when he’s right, it’s wrong. Continue reading →

Morning Ethics Warm-Up, 10/16/2017: SNL, NFL, Collusion, Gossip, And Bribery

/ Jack Marshall / 68 Comments

Good Morning.

1 Why am I only now getting around to today’s Warm-Up? It is because I spent more than 8 hours over the weekend, and three hours this morning, writing a Motion to Dismiss in response to a ridiculous, retaliatory, vindictive lawsuit by a pro se litigant with a grudge. The complaint has no legal cites, because no legal authority supports its claims. I, however, have to cite cases to show why the Complaint is completely without merit. Since the Complaint is a brain-rotting 18 pages, I have to carefully redact it to have a prayer of meeting the 20 page limit for motions. Even then, there is no guarantee that this won’t drag on for months.

No penalty will be exacted on the plaintiff for filing this spurious and groundless law suit. To do so would chill the right of citizens to seek justice and redress for wrongs through the courts. Thus the underlying objective of the suit will be accomplished: to force me to expend time and effort that I have far better uses for. Ethics Alarms readers are affected, my family is effected, my work is affected, my enjoyment of life is affected, and, of course, the system and the taxpayers who fund it are affected. This is an abuse of the system, but one that cannot and must not be impeded.

2. Does anyone have a theory about why the bribery trial of Democratic Senator Bob Menendez has received minimal mainstream media coverage that does not show bias? When Abscam was going on, the trials of the various members of Congress caught in a bribery sting were front page, Evening News headlines for weeks. The only U.S. Senator tried (and convicted) was a Democrat Harrison Williams. Has the news media become that much more partisan since the Reagan Administration?

3. As expected, exiled NFL kneeler (first) and quarterback (second) Colin Kaepernick has filed a grievance accusing NFL teams of colluding to prevent him from getting a contract with any team this season.

We’ve been here before. This is the Barry Bonds scenario all over again. Bonds, the definitive ethics corrupter in Major League Baseball and a flagrant steroid cheat and liar, was not resigned by the San Francisco Giants after the 2007 season. He was 42, but his season had been productive, with a 1.o45 OPS, close to the best in the game. I wrote an article for The Hardball Times arguing that Bonds would not be signed, because doing so would permanently scar any team that accepted him, injure the team’s culture, corrupt its young players, and wound baseball itself. The invective hurled at me and my article by sportswriters and readers was unrelenting. ESPN’s Keith Law said that my essay made anyone who read it stupid. MLB’s satellite channel’s hosts laughed about the idea that teams cared about such matters as integrity. Bonds, however, was not signed, and never played again. While he and his defenders claimed collusion among the owners, no evidence appeared. Continue reading →

Here’s Something The News Media Hasn’t Explained Regarding The Weinstein Scandal: Those Victim Confidentiality Agreements Are Unethical, And Maybe Illegal

/ Jack Marshall / 5 Comments

Rose McGowan, the new Sexual Harassment Fury on social media, says she was raped by Weinstein and had to accept a $100,000 settlement with a confidentiality agreement as a condition of the deal. That means that if she subsequently told her story and accused Weinstein, she would be liable for damages, and would have to return the money. Right?

Not exactly. Most of the accounts in this sordid series of events make it seem like confidentiality agreements are iron clad and enforceable. Often they are neither. McGowan’s almost certainly wasn’t.

Debra Katz, an attorney specializing in sexual harassment law suits, recently explained that if employees or former employees came forward with information about Weinstein participating in criminal misconduct, their non-disclosure agreements or confidentiality agreements would probably be unenforceable, saying,

“These kind of very broad NDAs or confidentiality agreements typically violate public policy. Employees have to have the legal ability to discuss any concerns about unlawful behavior in the workplace … These broad provisions that would effectively silo people, make them feel like they can’t speak about this, are simply an instrument to put fear in people.”

My position has always been that lawyers who construct such agreements, knowing that they are unenforceable, are committing sanctionable ethical misconduct. The lawyer for the employee being silenced, moreover, has an obligation to let the client know that the requirement is unconscionable. Of course, it’s the client’s decision whether she wants to take the money.  It is also unethical to make an agreement you have no intention of honoring. Continue reading →

Morning Ethics Warm-Up, 10/13/17: All Aboard The Weinstein Ethics Train Wreck!

/ Jack Marshall / 56 Comments

Good Morning, Hollywood!

I’m sorry to bombard you with this ugly topic again first thing, but I’d like to stop having to think about it as soon as possible.

1 My sister, a committed Democrat who naturally prefers that damning stories about her favorite politicians go down the memory hole as soon as possible, complained yesterday that she didn’t understand why Harvey’s demise was such a long-running story. He’s a pig, we’ve seen it before, he’s fired, big deal, she protested. There are more important things going on.

There are undoubtedly more important things going on, but from an ethics perspective, the importance of the Harvey Weinstein Ethics Train Wreck and who boards it (and who has been riding it for decades) is as significant and chock full of lessons as a story can get. The Penn State-Jerry Sandusky-Joe Paterno scandal was important for some of the same reasons. It exposed the tendency of organizations to become corrupted when non-ethical considerations, usually money, freeze the clappers on multiple ethics alarms. It showed how “virtuous” people with power and influence can betray their values, admirers and supporters in the pursuit of personal or organizational goals. It showed how even usually complacent and biased journalists will suddenly become responsible when the details are juicy enough…and how some won’t. The Sandusky saga also was one more clue to how inherently warped an entire industry’s culture—in that case, big time college football—was (and is).

The Weinstein Train Wreck is worse, however, and also more significant. Weinstein is typical—extreme, perhaps, but typical—of  a popular and glamorous industry that has abused power to debase and exploit women for a century. The trade-offs and incentives turned many of the abused women into accessories of future crimes against other women, while some women, too powerful to have to fear the consequences of doing the obviously right thing, chose to protect the community and the industry rather than human beings. That they, and complicit men in the industry as well, did this while spending the past six years making angry public speeches about the sexist and misogynist attitude of Republicans flagged the kind of hypocrisy that demands substantive consequences.

It also demands reform. Anyone who  thinks Hollywood is going to retire the casting couch because of one especially disgusting and prolific predator is kidding themselves. Sexual harassment and gender discrimination is rampant at every level of the performing arts, from high school theater up through Broadway, and on to Hollywood. I question whether that culture will ever change significantly. At least this episode might educate the public that if they take moral grandstanding from the likes of John Legend, Meryl Streep and Jimmy Kimmel seriously, they are asking to be betrayed and disillusioned.

And that doesn’t even reach the political hypocrisy exhibited by the Democratic Party and progressives, which embraced and celebrated a sexual predator from Hollywood because he gave them money, just as they have been giving a sexual predator from Arkansas the King’s Pass on similar conduct because he gave them power. As long as the only voices calling attention to this are from the Right,  count on progressives to ignore or minimize the issue. After all, conservatives and Republicans accepted the devil’s bargain in allying themselves with Roger Ailes. Still, the criticism of the party and predator enablers like Hillary Clinton needs to come from the Left to do any lasting good. So far there has been some criticism from that direction, but not nearly enough.

2. Weinstein’s contract with The Weinstein Company  included a clause that allowed  his sexual harassment as long as he paid the costs of settlements out of his own pocket, TMZ reported yesterday. So much for the sham posture that the company was shocked and disgusted at his conduct. Poor Donna Brazile, desperately trying to join the futile virtue signalling by hypocrites who have been cheering on Hillary and her husband for decades, tweeted her admiration for the TWC board thusly

…only to have to delete the tweet later. Did Donna really believe that the TWC board, including Harvey’s brother, didn’t know what Weinstein was doing? Is she that stupid?

3. A lot of contentious debate on this topic at Ethics Alarms has arisen regarding the complicity and obligations of various Hollywood actresses. There are different categories, and conflating them only leads to confusion. Here are the categories and subcategories:

A. The powerless victims of harassment These are the young, aspiring actresses who were propositioned or assaulted by Weinstein, and convinced, rightly or not, that they would never have a chance if they complained

These are the equivalents of Bill Cosby’s victims, who only came forward after their abuser was wounded and vulnerable.

A 1. Powerless victims who accepted cash settlements. This means that since other remedies were unavailable to them, they at least triggered some kind of punishment and compensation. This required, however, allowing future victims to go unwarned, since the pay-offs were accompanied by confidentiality agreements.

B. Victims who were not powerless, due to connections in the industry. I place actresses like Ashley Judd, Angelina Jolie and Gwyneth Paltrow in this category.

C. Victims who, over time, became powerful, wealthy, popular and influential enough that they could have exposed Weinstein, if they chose, but didn’t.

C 1 Victims who received cash settlements when powerless but whose careers  progressed to the point that they could forfeit the cash and accept any legal consequences of breaking the contractual agreements.

D. Rape victims. Sexual harassment is a civil offense; rape is a crime. Many rapes can be substantiated by medical examinations, and rapists are dangerous. Accepting a cash settlement for not reporting one’s rape when the rape could have been substantiated—this is what Rose McGowan did—is a breach of multiple civic duties.

E. Women in the industry who became aware of Weinstein’s conduct and did nothing about it.

F. Women in the industry who became aware of Weinstein’s conduct,  did nothing about it, and continued to praise him in public.

G. Actresses who accepted Weinstein’s proffered bargain, and exchanged sexual favors for roles and contracts, turning what is laughably regarded a a meritocracy into sexual commerce. We don’t know who these women are, but it strains credulity to think there were none.

Of course, many male Hollywood figures also fall into categories E and F.

Categories C, E,  F and G are the most unethical categories. D is problematic as well.

4. Jane Fonda revealed to Christiane Amanpour that she is in category E. She “found out about Harvey about a year ago,” said the certified Hollywood royalty, outspoken feminist and progressive champion.  “I’m ashamed that I didn’t say anything right then,” Fonda said. 

Well, that’s nice. As long as she is ashamed.

We can proclaim our principles and values all our lives, but if we don’t act according to them when the lives of others are at stake, all of what went before is meaningless. How many women suffered at Weinstein’s hands after Jane knew? Continue reading →

THIS Is CNN. How Embarrassing…For You, Me, Ted Turner, James Madison, Gutenberg, Australopithecus, Everyone

/ Jack Marshall / 20 Comments

I watched this jaw-dropping exchange this morning on CNN’s New Day, unable to process what I was seeing. An alleged debate between two evidently paid CNN commentators, moderated by Alisyn Camerota, supposedly a professional broadcaster, the exchange was neither enlightening, informed or vaguely like anything the Founders could have recognized as “the press.” The level of logic and expression has been exceeded on multiple Jerry Springer episodes. The Kardashians could top it.. on a lucid day. Throughout the interminable segment, the “moderator” made no effort to control the rhetoric, correct screamingly obvious errors,or insist on decorum.

I think the best approach is to have you read it, if you can. When the transcript became available, I realized that what I had seen was even worse than I thought at the time. I was going to challenge you to pick out the most idiotic statements, but that’s too easy: closing your eyes and pointing at the screen would work. Here’s a more worthy test: see if you can identify an intelligent statement, one that wouldn’t be out of place in a bar debate between a soused kindergarten teaching assistant and truck driver recovering from a closed head injury.

But first,a word about Ana Navarro. When CNN started using her as its token conservative in studio panel discussions, I assumed it was one more example of the mainstream media stacking the deck to ensure that the liberal message prevailed by finding the lamest conservatives possible. She’s wishy-washy, inarticulate, and smug. Then Trump was nominated, and CNN found it had a Trump-hating Republican representing the Right on every issue: perfect! Navarro doesn’t even try to hide her hatred of Trump—the CNN anchors don’t try very hard, but they do a better job than Anna.

On the other hand, she not a persuasive advocate for anything, and ridiculous more often than not. As you shall see:

7:38 a.m. ET

BEN FERGUSON, CNN POLITICAL COMMENTATOR: You have a right to do a lot of things in this country, and there are consequences, and the NFL got it wrong. The NFL got out and tried to play both sides of this issue. And then they tried to say, “Oh, we’re America’s team, we’re America’s game, we’re America’s sport,” while allowing their employees to disrespect this country. You have the right to do it — there’s consequences. The NFL boycott is real —

ALISYN CAMEROTA: Listen, I just want to be very clear. They say they’re not disrespecting the country. They say that their protest is about the treatment —

FERGUSON: Well, that’s what they say.

CAMEROTA: They’re the sources. They’re doing the protesting. They’re the protesters.

FERGUSON: I have the right to disagree with them. I’ll say this. I think many of the NFL players are frauds. Most of them did not go and vote in the last election, including Colin Kaepernick who’s never voted in an election — while coming out and claiming —

ANA NAVARRO, CNN POLITICAL COMMENTATOR: Voting is not a requirement to protest. Voting is not a requirement to voice a political opinion.

FERGUSON: If you’re going to be the leader of a political statement, as Colin Kaepernick was —

NAVARRO: Donald Trump’s children didn’t vote, and they are advisors in the White House!

FERGUSON: And I criticized — and I criticized them for that. I’m consistent.

NAVARRO: Well, fine, you criticize them for everything, but don’t tell me, then, that they don’t have a right to protest when the senior advisors in the White House didn’t vote.

FERGUSON: Colin Kaepernick comes out and says, “I’m going to lead this group.” When was the last time he went to a Black Lives Matter — the guy saw a bunch of TVs and a bunch of cameras and said, “I’m going to kneel right now, but I’m not going to back it up.”

CAMEROTA: That’s his right.

FERGUSON: He has a right, but it also means you’re a fraud.

NAVARRO: Can I tell you something, Ben? Ben, how white of you to think that going to a Black Lives Matter rally —

FERGUSON: It’s not white — don’t even go there. Don’t even — I’m sorry — that’s absurd.

NAVARRO: No, no, who are you to tell a black person what makes them black — what makes them have black credible?

FERGUSON: Again, it has nothing to do with race.

NAVARRO: Look at yourself in the mirror. What he is saying might be more significant than what — than going to one of the rallies.

FERGUSON: If I go out there every day and I champion a cause and I never do it in real life, I’m a fraud.

NAVARRO: Who died and made you the judge of blackness — to tell Colin what’s’-his-name that the fact he voted or not allows him to have a political opinion?

FERGUSON: If you go out there every day and you fight for something that you say is so near and dear to your heart, and then I find out in reality you’re never involved in the issue other than being on national TV, you’re a fraud. You’re a fraud and a fake.

NAVARRO: Well, then talk to Ivanka Trump! Talk to Ivanka Trump who didn’t vote!

FERGUSON: Again, we’re talking about Colin Kaepernick.

NAVARRO: No, no, because you want to hold this one standard for this one set of people and another one for another set of people.

FERGUSON: I did. I said this. I said this. You should have voted in an election.

NAVARRO: Ivanka Trump and Donald Trump Jr. are frauds because they didn’t vote in the Republican primaries!

FERGUSON: They should have voted in elections. I said that. You also voted for Hillary Clinton, and you say you’re a Republican, so that’s a little bit of a fraud, isn’t it?

NAVARRO: No, no, no, there’s a lot of Republicans who did.

FERGUSON: By using your standard. You come on here and say you’re a Republican. You say you’re a Republican, and you voted for Hillary Clinton. So you’re not a Republican, by your standard.

NAVARRO: You voted for a man who was a Democrat and then an independent, and then when he was an opportunist, he became a Republican. So, really, don’t go there for me because I have been supporting Republican candidates for President probably when you were still in diapers!

FERGUSON: Again, you voted for Hillary Clinton, and you say you’re a Republican.

NAVARRO: I voted for Hillary Clinton because I refuse to vote for a racist, misogynist, even though he was a Republican nominee.

FERGUSON: And you have every right to do that.

NAVARRO: And it was the first time in my life that I did not support the Republican nominee because I found him absolutely disgusting, and I was going to put country over party! And you are nobody to question Colin Kaepernick what’s-his-name’s blackness or my Republican credentials, okay? You are not judge and or jury! You can do whatever you want for yourself — you cannot judge me — you cannot judge whether he is black enough!

FERGUSON: I can judge Colin Kaepernick. It doesn’t have anything to do with his blackness. This the weakest argument — let me finish, though —

NAVARRO: Oh, you’re saying — you’re saying he’s not black enough because he didn’t go to Black Lives Matter.

FERGUSON: Again, I’m going to finish my point here because it’s really important.

NAVARRO: And you are black because you went to a Black Lives Matter rally!

FERGUSON: Let me finish – let me finish — again, let me finish. Colin Kaepernick coming out and saying this is a big issue to him, but he never goes out into the community and is involved in it — doesn’t even care enough about the issue which he says everyone else should care about to go register to vote and vote. That is hypocrisy — it has nothing to do with being black or white. It’s called being a hypocrite.

Continue reading →

Morning Ethics Warm-Up, October 10, 2017: Post-Columbus Day Edition

/ Jack Marshall / 84 Comments

Good Morning.

1 The rhetoric against celebrating Columbus Day is at bottom an attack on American values and the nation itself,  making the case that the culture should bask in eternal guilt and shame for the crime of existing. It has always been thus: I heard the counter-Columbus claims when I was a kid and living in Boston, where you can’t throw a spitball without hitting an Italian or a Catholic. Then, however, there were sufficient numbers of responsible elected officials who put those ignorant and warped arguments in their place—the trash. Now, the path of least resistance reigns.

We celebrate Columbus because he brought European culture and civilization to the New World, making our nation possible. He was the butterfly flapping his wings in the Amazon, in Chaos terms: without Columbus, everything might be different. One thing that would not be different, however, is that the stone age cultures that lived in the Americas would not have prevailed, thrived and survived. Blaming Chis for the inevitable destruction of primitive cultures when more advanced and ambitious ones arrived, as they were going to with or without Columbus, is scapegoating of the worst kind.

We also celebrate Columbus because of the good and important things his first voyage symbolizes: mankind’s constant search for knowledge; the bravery of explorers; the visionary who dares to challenge conventional wisdom.

We have not, so far at least, renamed Martin Luther King Day as Victims of Adultery Day. Columbus was a man of his time, working for a brutal regime. He did many things that were wrong even by the standards of the time. Irrelevant. He opened the door  from the Old World to the New, and made the United States of America possible.

That’s worth celebrating.

2. Robert E. Lee  High School in San Antonio wins some kind of weasel award for responding to pressure to de-honor that racist slave-owner Robert E. Lee by renaming it LEE High School, with LEE being an acronym meaning Legacy of Educational Excellence High School. Pretty impressive, that: managing to be cowardly, irresponsible, and deceitful, all at once. Capitulating to the Left’s statue-toppling, historical airbrushing mania is wrong; doing so while not really doing it is worse. Keep recognizing the General, or don’t.

Who wants people like this teaching their children?

3.  ESPN  didn’t think it was necessary to suspend  anchor Jemele Hill  for tweeting that the President of the United States was a white supremacist, but when she dared to suggest that advertisers boycott NFL teams that forbade the kneeling stunt currently killing NFL  fan loyalty, ratings, ticket sales and popularity, that really crossed some lines. The network suspended Weeks after she expressed outrage at the ownership of the Dallas Cowboys and Miami Dolphins for making a “No-knee” policy for its players.

“Jemele Hill has been suspended for two weeks for a second violation of our social media guidelines,” ESPN said in a statement. “In the aftermath all employees were reminded of how individual tweets may reflect negatively on ESPN and that such actions would have consequences. Hence this decision.”

Ethics Alarms is on record as holding that Hill should have been disciplined for the anti-Trump tweet, but I sympathize with her here. She had every reason to believe that she had received special dispensation to air her progressive, resistance, Black Lives Matter advocacy using her ESPN visibility as a platform, especially after Disney’s CEO admitted that she hadn’t been disciplined because she was black.

ESPN’s standards are as incoherent as the cause of the kneeling players. They send mixed signals to employees and viewers, satisfying no one, and creating a chaotic culture undermining their own business, which is, remember, covering sports. Continue reading →

Lessons And Notes From The Harvey Weinstein Fiasco

/ Jack Marshall / 111 Comments

The latest development in the rapid fall of Hollywood independent film mogul and lionized Democratic donor Harvey Weinstein: The board of his own company, The Weinstein Company, just fired him.

You should read the New York Times’ damning story, following an investigation, about the extent of Weinstein’s long reign of misogynist terror in Hollywood. I don’t care to re-hash it. Note, as you read, that as disgusting as it is, more disgusting stories have come out since it was published. For example, a TV journalist now says that Weinstein once trapped her in the hallway of a restaurant that was closed to the public and masturbated in front of her until he ejaculated.  She says she told friends about the episode, but remained quiet because “she was in a long-term relationship” and was “fearful of the power that Weinstein wielded in the media.”

  • WHAT? She withheld this story for a decade because she was fearful, thus allowing Weinstein to abuse how many other women? Hundreds? I’d love to ask her if a powerful individual, in her opinion, could have done anything that would have caused her to make the effort to overcome her fear and self-interest. Someone who would act as she describes is pathological. What she endured was a criminal act. This is signature significance, is it not? Does a civilized, trustworthy, non-sociopath sicko ever do such a thing even once, on the worst day of his life? “I’m sorry I trapped you and masturbated in front of you; it wasn’t the best choice, and anyone can make a mistake.”

The man is and was dangerous. The woman had a citizen’s duty to report this to the police; I don’t care how powerful he was.

  • And, apparently, dozens of actresses had experiences, if not quite that horrifying, horrifying enough. In the Times report, we learn that Weinstein invited Angry Progressive Feminist Ashley Judd to the Peninsula Beverly Hills hotel 20 years ago for what she thought would be a breakfast meeting about her career. Weinstein had her sent to his hotel suite, where he greeted the actress in a bathrobe and asked if he could give her a massage. She told The Times that he then proposed that she watch him shower. Now she tells us this? Now, after she excoriated the President on the Mall, using obscene terms to cheer on  “resistance” “pussy- hat marchers  in January and speculate about the President’s Trump’s wet dreams about his own daughter?  Judd  said she kept quiet to avoid alienating Harvey Weinstein because she was just at the beginning of her career—you know, like all of those Cosby victims. What’s her excuse for the rest of the 20 years, allowing more young actresses to be extorted into sexual submission? Larry O’Connor has the (revolting) answer, I think. In a piece for Mediaite, he writes of Judd,

Has she channeled that anger and humiliation and fear at the industry that allowed it? Or at the man and his multi-million dollar corporation that enabled it? No. Her real enemies are Republicans. Don’t you get it?

So the not-so-hidden message in Weinstein’s non-apology statement was “Hey, remember, I supported Hillary and Obama and I raise millions for Democrats and I’ll help destroy the NRA and Trump. I may treat you like shit, but my heart is in the right place. Now get your knee pads on.”

In Hollywood, being liberal means never having to say you’re sorry.

Judd has been praised for having the courage to tell her story now…when Weinstein is elderly and his power is waning, knowing the he was about to be exposed. No, this is an example of Rationalization #22, “It’s not the worst thing.” Yes, Judd is not as bad as the many, many actresses who kept quiet about this sexual predator, endangering others, who still are mum. Whoopie! Continue reading →

Morning Ethics Warm-Up, 10/8/2017: TV Comics, Law Deans, Sports And California…Everything Is Seemingly Spinning Out Of Control!

/ Jack Marshall / 85 Comments

Good Morning!

On the day that the Boston Red Sox will begin their stunning comeback against the Houston Astros …

 

1 Speaking of baseball, a poll shows that the NFL fell from the most popular major sport in the nation last year to the least favorite last month, while baseball regained its traditional but usually treated as fictional “National Pastime” status. The NFL also dragged down the popularity of college football. Not all of this can be blamed on Colin Kaepernick, Black Lives Matters, and incoherent protests that aren’t against the National Anthem, well, maybe its third verse, but take place during the National Anthem, well, because. Ethics Alarms isn’t the only voice that has declared football to be callous and barbaric, now that the game’s unavoidable concussions are being shown to cause a deadly brain disease. Too many helmeted heroes beat their spouses and lovers, and commit felonies. The biggest star in the NFL, Tom Brady, is a smug, cheating jerk. It never helps when the President of the United States, even one like Trump, attacks an institution from the bully pulpit. Still, the timing certainly suggest that the NFL’s botched handling of The Knee is the catalyst for its current nosedive in popularity. Just think how many brains will be saved if this is permanent.

Meanwhile,  Major League Baseball is benefiting from staying true to its traditional national role of unifying the country rather than dividing it. No on-field protests mar the National Anthem. The sport is entertainment, celebrating American themes like individualism, the triumph of the underdog, and grace under pressure. In 1942, FDR urged Major League Baseball to keep playing, even though the remaining players were unfit for military service, leaving the teams stocked with older players and a collection of misfits, like Pete Gray, the one-armed outfielder.  After Baseball Commissioner Judge Kenesaw Mountain Landis wrote President Roosevelt in January, FDR replied with this letter the same day:

It is not, however, in the best interest of the country to keep the NFL “going.” Continue reading →

Here We Go Again: Harvey Weinstein, Lisa Bloom And The Thing About Lawyer Ethics That The Public And The News Media Just Cannot Seem To Grasp

/ Jack Marshall / 21 Comments

LawNewz writes, and in so doing wins a Legal Ethics Dunce so easily that I’m not even going to bother,

Feminist attorney Lisa Bloom, who has represented dozens of women against accused sexual harassers like Donald Trump and Bill O’Reilly, is now representing an alleged sexual harasser. In, quite frankly, a shocking move, Bloom agreed to give her “advising” services to film studio executive Harvey Weinstein, who is accused of harassing women over a thirty-year timespan. Immediately, many in the legal world wondered what would motivate such a principled women’s rights advocate to represent a man facing such sordid accusations.

Weird! I have the strangest feeling I have been here before…it’s Ethics Alarms déjà vu!

No, I have been here before, and if you’ve read the blog regularly, so have you, like here, for example, when the post was called,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or here, when I defended Hillary Clinton….yes, you read that right…when she was being called a hypocrite for once defending not only a child rapist, but a guilty child rapist.  Then there was this post, when liberal icon Larry Tribe was representing a coal company. Bloom, Tribe, Estrich and Hillary all have the same defense, not that lawyers should need a defense for being lawyers.

Let’s see…I think I’ll quote myself from the Hillary piece this time… Continue reading →