When Do Private Text Messages Between Two Individuals Justify Punishment?

text

I’d like to say “never,” except that when especially offensive private text messages become public, they aren’t private any more. As with e-mails, any time you send a text message that you know will embarrass you if it falls into malign hands or is seen by righteous eyes, you have authored the means of your potential destruction.

That’s not right, but that’s the way of the world.

Thus a Washburn University Phi Delta Theta fraternity member posted a photo of a man with a topless woman in bed as part of a fraternity text exchange following a chain of crude text messages between frat members. These were obtained by The Topeka Capital-Journal on a slow news day—Wow! Stop the presses! College guys are crude!-–and before you could say “thought control,” the national Phi Delta Theta organization suspended the Topeka campus chapter.

“We are very concerned by the messages reviewed thus far. Phi Delta Theta is a values-based organization and any behavior or statement contrary to those values is subject to significant action,” Phi Delta Theta spokesman Sean Wagner said in a statement. Naturally, the chapter president then grovelled an apology. Continue reading

No, Craig, Barry Bonds Wasn’t A “Great” Baseball Player. Bernie Madoff Wasn’t A “Great” Investment Manager, Either

Christy Mathewson, a genuine hero. Barry Bonds would have made him want to throw up.

Christy Mathewson, a genuine hero. Barry Bonds would have made him want to throw up.

I like and admire Craig Calcaterra, who blogs entertainingly and perceptively about baseball on the NBC Sports website. I suppose I’m a bit jealous of him too: he’s a lawyer who now earns his living blogging about something he loves.

But Craig has always been a bit confused about how to regard baseball’s steroid cheats (they are cheats, which should answer any questions, but somehow doesn’t for a lot of people), and predictably, I suppose, he couldn’t resist reacting to the early results of Major League Baseball’s “Franchise Four” promotion, in which fans vote (until mid-May) for “the most impactful players who best represent each Major League franchise” as well as some other categories, including “Four Greatest Living Players.” The early results have Hank Aaron, Willie Mays, Sandy Koufax and Tom Seaver leading in the “Greatest Living Players” category, so Craig snarked that this is sad, because “it must mean Barry Bonds has died in a tragic cycling and/or Google Glass accident and no one thought to tell me.”

No, Craig, this is what someone failed to tell you: cheaters in any profession are not “great” by definition. Great baseball players, like great lawyers, writers, doctors, scientists and Presidents, bring honor on their profession, don’t corrupt everyone around them, don’t force people who admire them to embrace unethical conduct and turn them into aiders and abetters, and accomplish their great achievements while obeying the law, following the rules, and serving as role models for everyone who follows them. Barry Bonds was not a great baseball player. He had the ability to be one, but not the character.

Hank Aaron, Willie Mays, Sandy Koufax and Tom Seaver never once disgraced their game while they wore a uniform, and indeed made baseball stronger and better while they played. Good choices all.

The disgrace is that San Francisco fans voted Bonds as one of that team’s “Franchise Four,”  dishonoring great Giants of the past like Juan Marichal, as well as New York Giants greats like Christy Mathewson, Bill Terry, Carl Hubbell, and Mel Ott, Hall of Famers  and lifetime Giants who played with honesty and sportsmanship. But Giants fans warped values are among the casualties of Bonds’ career…and one more reason he can’t be rated anything but a great villain.

The Protesters, The Veteran And The Flag—An Instant Ethics Train Wreck In Georgia

Mission accomplished... But what exactly was the mission?

Mission accomplished… But what exactly was the mission?

This the kind of story that makes Americans cynical. I’m more cynical from just reading it. Air Force veteran Michelle Manhart saw protesters  stomping on a flag in a demonstration at Valdosta State University in southern Georgia, and took action. She briefly snatched the flag away, but police officers intervened, arrested her, handcuffed Manhart, returned the flag to the protesters so they could continue abusing it, and escorted the comely counter-protester away. The protestors, all African-Americans, proceeded to say some silly and offensive things (Can we stipulate that “You killed off our people. You enslaved our people…You put us in this white supremacist place” is silly and offensive? I think that’s fair… and a lot fairer than accusing Manhart of “killing off” African-Americans.) Neither the demonstrators nor the police pressed charges against Manhart, but she did receive a campus trespass warning that bars her from campus activities. Let us pause for a brief ethics audit, shall we?

1. The flag desecrating protest, as the Supreme Court has clearly ruled, was legal and protected, except to the extent that it incites others to violence, like a burning cross. In some settings, it might be so judged. Not on a college campus, unless the college is West Point.

2. Legal or not, it’s a disrespectful and irresponsible protest, not to mention dumber than a Justin Bieber Fan Club.

3. I think many veterans would react as Manhart did. My father would have. I might have on his behalf. A lot of non-veterans would as well, and I salute them. Remember Rick Monday?

4. The police were correct to intervene and arrest Manhart.

5. The protesters were correct not to press charges.

6. The university correctly ordered her to stay away.

Unfortunately, the story began to rot soon after it was first reported. Continue reading

The Irony Of Wikileaks: Yes, It Is Despicable…But It’s Still Useful To Know That PBS, Ben Affleck And Prof. Henry Lewis Gates Are Despicable Too.

Batman is ashamed of you, Ben...

Batman is ashamed of you, Ben…

Once a secret is out, it isn’t a secret any more. Once privacy is shattered, it’s gone: that egg can’t be put back together again. I wish Sony’s e-mails hadn’t been hacked: everyone who isn’t operating under a policy that mandates that their communications must be archived and available for media and public examination, like, oh, say, Hillary Clinton, has a right to have private business and personal communication.

Julian Assange is a fick, and an uncommonly arrogant one. He encourages, aids and abets the theft of proprietary information in the interests of world anarchy, which is in the interests of nobody. So let’s see now…North Korea hacks Sony to chill our First Amendment rights, and Wikileaks helps magnify the damage by spreading private e-mails and documents far and wide.

Yechhh.

But it’s all out there now, and there is no virtue in averting our eyes and plugging our ears. There is a lot of unethical conduct exposed in those 30,000 documents and 170,000 emails hacked from Sony, and while the means by which it was exposed was illegal and wrong, we should still learn from what is now public information.

The fact that PBS and Harvard prof Henry Louis Gates Jr. can’t be trusted, for example, is good to know. Continue reading

“Ick Factor” At Its Worst: No, The Bystander Who Took The Video Of Walter Scott’s Shooting Isn’t “Cashing In”

Q. "Oh, ICK! Why would you take money for THAT?" A. Because it's valuable, they want it, and I own it, you idiot.

Q. “Oh, ICK! Why would you take money for THAT?”
A. Because it’s valuable, they want it, and I own it, you idiot.

Slate Magazine’s Josh Voorhees seems to think there is something unseemly about Feidin Santana, the bystander who recorded the film on his smartphone showing North Charleston police officer Michael T. Slager shooting and killing Walter Scott on April 4, seeking payment from news outlets who use his video.

In an article revealing that Santana’s lawyers are making the case that he is entitled to compensation, Voorhees writes, “While it may seem opportunistic to try to make money off a video of someone’s death…” and later,

“Regardless of how you feel about Santana trying to cash in, if nothing else it provides another incentive—albeit a less noble one—for bystanders to whip out their phones and start filming when they see a police confrontation.”

Let me be uncharacteristically blunt: anyone who sees anything unethical, unseemly, ignoble or opportunistic about Santana seeking fair payment for his property when it is being used by news outlets all over the country as if the video was shot by their own employees is either… Continue reading

Ethics Whistle On The Post’s Dana Milbank…So Blood Won’t Shoot Out My Nose

I know just how you feel, Lewis...

I know just how you feel, Lewis…

I was going to ignore this, I really was. Most Washington Post readers know Dana Milbank is a hard left, often unstable partisan reporter pretending to be an objective analyst. Most also know that he is prone to jump the rails of logic, fairness and reality from time to time, like here, when he blamed a “scandal of the week” mentality on the press and Republicans, and not the fact that the incompetent Obama Administration averages a scandal a week…or here, when he called millennials selfish for not supporting their President’s misbegotten health insurance scheme and acting in their own interests rather than their President’s political interests.

But his most recent column was churning around in my brain like Lewis Black’s routine about overhearing a young woman say, at a table next to him in a restaurant, “If it weren’t for my horse, I wouldn’t have spent that year in college.” ( Black: “Now, I’m gonna repeat that, because it bears repeating. “If it weren’t for my horse…” as in, giddyup, giddyup, let’s go — ‘I wouldn’t have spent that year in college,’ which is a degree-granting institution. Don’t think about that too long, or BLOOD will shoot out your NOSE!”) Milbank’s columns are often like that for me, and this one, expressing his outrage that the Republicans are trying to repeal what’s left of the estate, or “death tax,” was one of the worst. So you can regard this post as saving my life, if you wish.

I have no philosophical objection to taxing rich people, none at all. However, I have a very great ethical disagreement with those, like Milbank, who seem to think that there is something so sinister about parents trying to amass wealth for their kids that it justifies the government laying claim to what they have achieved, grown and saved through their own had work and responsible decisions. This was the ethic that drove our grandparents, great grandparents and great grandparents to build values, families, businesses, communities and a nation.  Making life better and easier for their children than it was for them was a virtue, and properly recognized as such.

Many studies, out of fashion now and suppressed in academia because they are politically incorrect, have suggested that poverty persists through generations  in part because of the acculturated lack of a future time perspective among some groups, which is a nice way of saying that when people seek instant gratification and don’t save and invest their assets, they become poor and stay poor. It is essential to progressive cant that there are no differences between successful people and unsuccessful people…not intelligence, talent, diligence, industry or ambition…just opportunity and privilege, or the lack of them.* People really believe this, especially the people I see in worn-out clothes buying 30 bucks worth of lottery tickets at a pop in the 7-11 rather than saving the cash to get some job training, or start a college fund for their children, who, this being the D.C. area, probably don’t live with him anyway. No, there’s nothing these unfortunates can do to better their lot, you see. Meanwhile, the government preys on their present-time proclivities by creating rigged lotteries to take their money from them.

Of course, someone born into a wealthy, two-parent, stable and supportive family is equally deluded to think, as the late Texas governor Ann Richards once said derisively of George H.W. Bush, that he hit a triple when in fact he was born on third base. That still does not mean, as Milbank seems to think, that there is something wrong and undesirable about  American’s parents working and sacrificing to make sure their children aren’t left sitting on the bench, or can’t even get in the park to see the game. Milbank, like the lock-step progressive he is, believes that every individual in every generation should have to start life without any competitive advantages over anyone else, and if that means giving his competitors a head start, or making him run with weights on his feet, or tripping him at the start of the race, well, too bad, and too bad for his parents.

That’s fairness to our many Milbanks. To me, fair is for each individual to be able to make the most of what life and luck  provides, through their own abilities and efforts, with the help and assistance of parents and family being a a vital and respected inheritance that reinforces a duty and obligation to do the same for the next generation.

Anyone is free to see it differently. What should not be tolerated are statements like this, by Milbank: Continue reading

Once Again, We Are Reminded That Beauty Is Only Skin Deep. Do ESPN Viewers Care? Should They?

Let me tell you, it's quite a shock when Britt's head spins around and that forked tongue starts flecking...

Let me tell you, it’s quite a shock when Britt’s head spins around and that forked tongue starts flecking…

Anyone who spends much time watching TV knows that “lookism” is the way of the world in the broadcast news business. From Nora O’Donnell on ABC to Robin Meade on HLN to Erin Andrews and the bevy of Fox blondes, it is obvious that if you are female, talent as a reporter won’t get you as far as some beauty contest creds. Plain, even conventionally pretty women are  at a great competitive disadvantage in this field.

One of the more blatant beneficiaries of this bias, ESPN’s Brit McHenry, has just been outed on the web as an ugly human being in a flashy disguise. Her car was towed, and a camera caught the reporter taking out her frustration on the poor clerk who was tasked with collecting her fee.

“I’m in the news, sweetheart, I will fucking sue this place,” McHenry says as the video opens.“Yep, that’s all you care about, is just taking people’s money,” she continues. “With no education, no skillset, just wanted to clarify that. … Do you feel good about your job? So I could be a college dropout and do the same thing? Why, cause I have a brain and you don’t?…Maybe if I was missing some teeth they would hire me, huh? ‘Cause they look so stunning … ‘Cause I’m on television and you’re in a fucking trailer, honey.”

“Lose some weight, baby girl,” she taunted as she left.

Yecchh. Continue reading

Already, Clinton’s Compulsive, Clumsy Lies Are Flowing: Are Her Supporters Really Going To Pretend Ethics Don’t Matter To The Bitter End?

If you don't know why a photo of Richard Nixon is appropriate in a post about Hillary Clinton, you need help...

If you don’t know why a photo of Richard Nixon is appropriate in a post about Hillary Clinton, you need help…

Hillary lies. That’s what she does. She can’t help herself; she does it by reflex, even when there is no reason to. Even when one includes Richard M. Nixon, whose reputation as a liar was think well before he became President, Hillary Clinton’s record is remarkable. She lies about little things (Claiming to be a Yankee fan), big things (conservatives made up the Monica story); she lies without caring who the lies hurt (the White House travel office debacle), and lies to make herself look heroic (her Brian Williams-like tale about being under fire). She lies to try to duck responsibility for her own actions (saying that her use of a  private e-mail server was compliant with government rules), and she lies when it is obvious that what she is saying is ridiculous (she and Bill left the White House in penury.) Unlike her charismatic husband, she’s not even good at lying, and apparently practice doesn’t help, in her case.

Yet she keeps doing it. She is not being well served by her supporters, who have given Clinton no reason to reform, improve, or respect the them or the public they are part of.  The message Clinton has received is that it doesn’t matter what she does or says. She’s a woman, and she’s a Democrat, and that’s all that matters. Have any voters adopted such an indefensible, irresponsible and civicly disgraceful approach to self-government? Well, yes, come to think or it: the 95% of black citizens who supported Barack Obama for a second term based on race and little more. That’s not mitigation.

Barely out of the gate, Hillary is at it again. Speaking in Iowa Wednesday, she told an audience that all her grandparents had immigrated to the United States, a story that public census data and other records related to her maternal and paternal grandparents show is fabrication. Continue reading

Iowa’s Kirkwood Community College Imprisons Its Students In Deference To Hillary Clinton

"This is a great community college, you know?"

“This is a great community college, you know?”

I’m willing to entertain the notion that the exigencies of the situation may have justified Boston’s police ordering citizens to stay in their homes during the dragnet for the Boston Marathon bombers in 2013, Barely. Still, the explosion of extra-legal, unconstitutional abuses of power by national and state governments during the Presidency of Barack Obama is profoundly troubling, and even more so is the complacency of the public and media when it occurs.

Yes indeed, I see this particularly frightening fish-rot as being initiated from the head in the White House, who has embraced the governing theory that if consensus and compromise on desired measures, laws and policies can’t be achieved under the Constitution’s formula, do it anyway. This isn’t strength, you know. It is weakness, the desperate resort of an unskilled executive with contempt for democracy. Under this administration, we have seen a President and a Justice department refuse to fulfill their duties and defend a duly passed and signed law that they just didn’t like (DOMA). Wrong. We have seen a President unilaterally amend his own sloppy health care law because he knows that if he tried to fix it legally, the Congress would gut it. Wrong. We have seen Obama repeal immigration restrictions by executive order, and declare that the Senate was in recess in order to avoid the bother of getting legally mandated  confirmation of his appointments—that one, at least, was struck down by the Supreme Court.

The cumulative effect of all of this is gradually increasing public tolerance for official breaches of the rule of law, at all levels of government, and by private entities too. I believe that that this threatens the democratic culture, and I do not understand why progressives are not as outraged by this development as moderates and conservatives. Do they really think that having allowed Constitutional protections to erode so their precious agenda can be advanced, those protections will be suddenly vigorous again when their adversaries have the upper hand? What utter, utter fools:

The sickening effect of this complacency was on display at Kirkwood Community College in Monticello, Iowa, Continue reading

Typo Ethics: Early Accountability Check For Candidate Clinton

“From her mother’s own childhood – in which she was abandoned by her parents – to her work going door-to-door for the Children’s Defense Fund to her battling to create the Children’s Health Insurance Program, she’s fought children and families all her career.”

 

That doesn't mean they don't matter, however...

That doesn’t mean they don’t matter, however…

That was the startling news in Hillary Clinton’s long-awaited presidential candidacy announcement: that Hillary has fought families and children all her career. As an ethicist, I find the candor laudable, but I am surprised that Mrs. Clinton is making such a strong bid for the anti-family and child-hating voting bloc.

OK, it’s a typo. The Clinton campaign website fixed it, and her spokespeople reassured the news media “that the former secretary of state has not been secretly fighting children all these years.”

I almost passed on this story, being seldom able to post a typo-free 800 words myself despite reading the damn things repeatedly, but that would have been cowardly. This is not necessarily trivial. This bears some watching. I know that the large Hillary Zombie Squad, which appears to care only about the former First Lady’s chromosomes and nothing else, won’t give a second’s thought to this if her destruction of e-mail evidence and willful skirting of her own agency’s transparency and security policies don’t trouble them, but it is not insignificant. Continue reading