[Update] Mission Accomplished, NPR: Classic American Folk Song Censored

turkey in the straw

In May, National Public Radio carried an essay arguing that the old American folk tune “Turkey in the Straw,” long the melody of choice for ice cream trucks, was really “horribly racist.” Of course, a tune can’t be racist unless it is intended to communicate a racist message, which is impossible if nobody who hears the music discerns racial animus. NPR took care of that in a hurry. As soon as that new bit of imaginary racism surfaced, I knew that this grand old tune, a standard for square dances, country fiddlers, blue-grass bands and of course, the Good Humor truck, was on the way to oblivion. I wrote..

“You know the next step, though, because it is so familiar. Some race-huckster…will seize on NPR’s piece, and organize a Good Humor boycott, and the weak and principle-free corporate executives will fold immediately, issue an apology, and change the tune played by the trucks…”

Shortly after the appearance of the NPR piece and its progeny, Audi began running a TV ad that involved an ice cream truck playing…”Turkey in the Straw.” Someone, I don’t know who, maybe my predicted race-huckster, maybe some internal political correctness watch-dog, maybe an NPR fan, intervened, and now, “Turkey in the Straw” is gone, replaced by  the melody of “Pop Goes the Weasel.”

Mission accomplished, Race Grievance Hit Squad, NPR, Cultural Censors! American musical culture heritage is diminished, and a piece of music that entertained Americans of all races for centuries is on the way to extinction. You must be so proud.

I’m curious: what’s next on your hit list, “Huckleberry Finn”?

Sparing Bin Laden: Ethics Lessons From Bill Clinton’s 2011 Admission

In an alternate universe, this missile strike prevented 9-11. It doesn't matter.

In an alternate universe, this missile strike prevented 9-11. It doesn’t matter.

Sky News host Paul Murray revealed a previously unreleased audio recording of Bill Clinton speaking to a group of Australian businessman in Melbourne (undoubtedly for an obscene fee, since the Clintons were poor as church mice back then, but I digress) on September 10, 2001.  Clinton’s fascinating answer to an audience question about terrorism has raised a lot of eyebrows:

“Osama bin Laden — he’s a very smart guy, I’ve spent a lot of time thinking about him, and I nearly got him once. I nearly got him. And I could have gotten, I could have killed him, but I would have to destroy a little town called Kandahar in Afghanistan and kill 300 innocent women and children. And then I would have been no better than him. And so I didn’t do it.”

Observations from an ethics perspective: Continue reading

More Bad Law Ethics: Integrity Test Coming For The Judiciary On Obamacare

"Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.       Your Friend, Congress"

“Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.
Your Friend, Congress.”

In a recent post, I explained how the incompetent drafting and reckless manner in which the Affordable Care Act was passed has corrupted every branch of the government as well as damaged our system and the public’s faith in it. Affordable Care Act supporters continue to desperately try to excuse, fix, and rationalize this disgracefully bad law. Next up is an integrity test for the judiciary, as the legal argument against the US Court of Appeals for the DC Circuit’s decision in Halbig v. Burwell becomes untenable.

If the two judges on the three judge panel were correct, and it appears they were, then a drafting miscalculation in the ACA has rendered the health care overhaul unworkable, meaning that it can’t be fixed, constitutionally at least, by Executive Orders, waivers, delays or lies, like so much else connected to the legislation. It will have to be addressed the old-fashioned—as in “according to the Constitution”—way, or not fixed at all. Continue reading

Comment of the Day: “Ethics Dunce: ESPN”

domestic_violence

I know I have written a lot about the Ray Rice domestic abuse case and its aftermath, most recently this morning, regarding CNN’s Carol Costello’s warped argument for suspending ESPN commentator Stephen A. Smith. (The Rice-related posts are here, here, here and here, with an earlier Comment of the Day here.) I keep coming back to it because it involves many ethics issues: sports and violence, the “Star Syndrome,” and the special treatment of cultural celebrities, race, domestic abuse, women’s enabling of domestic abusers, political correctness, scapegoating, corporate cowardice, incompetent journalism, and more.  Chris Marschner’s recent comment on one of those posts is better than anything I’ve written on the topic, I think. As is often demonstrated here, the readers make Ethics Alarms work.

One connection I didn’t make until I read Chris’s comment is the relevance of the Gaza crisis and the public’s reaction to it to some of the ethical principles involved. There is no question that Hamas provoked a violent attack by Israel, knowing that women and children would be harmed, and that Israel would be condemned by many as a consequence. Israel is much more powerful than Palestinian forces, and provoking it to defend itself when the inevitable results will be harm to the powerless is irresponsible. Yet we hear the same absolutist reactions to the Gaza casualties that are at the root of the anger focused on Smith’s comments. The victims of violence are never responsible in any way, and suggesting otherwise is immoral.

It’s a very flawed analogy in other respects. The civilians are not the ones provoking Israel, for example, though Hamas represents them–their harm is harm to Gaza, and therefor Hamas. Most of all, Israel is not an abuser, though I could quote many commentators who regard it as one, and who might see the comparison with Ray Rice as apt.

Here is Chris Marschner’s Comment of the Day on the post, Ethics Dunce: ESPN: Continue reading

CNN Presents The Carol Costello Rule: If A Network Issues One Unethical Suspension Of An Innocent Employee Based On Deranged Political Correctness, It Is Obligated To Issue Another

Smug, dishonest, unprofessional, illogical, unfair, biased, unethical: "THIS is CNN."

Smug, dishonest, unprofessional, illogical, unfair, biased, unethical: “THIS is CNN.”

I just have to stop watching CNN is the morning, because it places everyone in my house at risk for head shrapnel.

The main danger is the smug, biased, ethically-jumbled Carol Costello, CNN’s late morning anchor after the New York governor’s telegenic brother has finished indoctrinating us into his view of the world. Today, Costello was taking a victory lap, implying that she helped get Stephen A. Smith suspended by ESPN for daring to suggest that women bear some responsibility for avoiding placing themselves within range of an abuser’s fists. (Interestingly, Costello had no similar directives for ABC, which quietly allowed Whoopie Goldberg to make the same (valid) point on “The View” with no adverse actions whatsoever. See, a woman is allowed to state some uncomfortable truths, but the same truth in the mouth of a man is offensive. Learn the rules, for heaven’s sake!) Then Costello played a clip of her earlier argument why ESPN was wrong not to suspend Smith. She said …

“It’s nice that Smith apologized, but I wonder if the network will do what it ought to do and suspend Smith. Look, in 2012, the management of ESPN expressed outrage when two employees used the phrase “a chink in the armor” when referencing  Jeremy Linn, the Asian Basketball player. One employee was suspended for 30 days and the other was fired. So why is ESPN giving Smith a pass?”

Continue reading

Ethics Dunce: ESPN

"That will teach you to fudge the truth, Smith. Remember, you're a journalist!"

“That will teach you to remember to fudge the truth, Smith. Remember, you’re a journalist!”

Item: ESPN suspends Stephen A. Smith. Why? In response to the uproar over the NFL’s suspension of domestic abuser Ray Rice only two games for punching a woman’s lights out—the love of his life!—Smith uttered the blasphemy that some victims of domestic abuse share responsibility for their plight. Of course, he is 100% correct, and this something that many women must hear, learn, and act upon, or perhaps die. The proof: the precise case that prompted Smith’s comments! Janay Palmer, Rice’s punching bag, refused to file a complaint against him, and married the bastard a couple of months after he hauled her unconscious body out of a hotel elevator like a sack of potatoes, caught on camera.

If (I would say “when”) she gets clocked again, is she partially responsible? Absolutely. I also think she’s responsible in part for the injuries of every abused woman who follows her high-profile, irresponsible, violence-provoking (I use that unfortunately inexact word as Smith used it) example.

Smith’s suspension—for a week, almost as long as Rice— to mollify the feminist apologists for their violence enabling sisters, is craven and wrong.

________________________

Facts: ESPN

Oh, NO!!! “The Mikado” Ethics Again (Political Correctness Division)!

[Here…listen to this while you read the post.]

I am apparently the official protector of Gilbert and Sullivan’s “The Mikado” from ridiculous accusations of ethics offenses, so once again, I will charge into the breach. No thanks needed, Mr. Gilbert, Sir Arthur—I owe you debts that can never be repaid.

In a brain-endangering op-ed for the Seattle Times, expresses the opinion that the operetta is a “racial caricature,” and thus “every snap of the fan was a slap in the face.” The nature of the complaint has old origins: the original show in 1885 nearly caused an international incident, as Japan registered an official complaint to Great Britain claiming a grievous insult to its people. W.S. Gilbert, who was skilled at such things (a few years later he stifled French indignation over a song in “Ruddigore” that pretended to make fun of the French while actually ridiculing British bravado), explained that “The Mikado” in no way ridicules anything about Japan or its people, but is entirely a witty and original satire on everything British. This was true then, and is true now. Then, however, people, including the Victorian era Japanese, were able to see distinctions, and were not seeking victim status and leave to play public censor under the authority conferred by political correctness. Today, people like Ms. Chan are not so easily calmed.

Thus is art harmed, entertainment stifled, laughter stilled and music forgotten. A good argument could be made that “The Mikado” is the greatest musical comedy entertainment ever written.* It certainly caused the biggest international sensation (the closest rival is another Gilbert and Sullivan classic, “H.M.S. Pinafore”): it is estimated that by the end of 1885, at least 150 companies in Europe and the U.S. were producing the satire. As recently as the 1960s, it was credibly claimed that a “Mikado” was going on somewhere in the world every minute of the day.

The show is fun in every respect: comedy, music, lyrics, satire, characters. It is also fun to act in and produce, for children as well as adults. Unfortunately, several factors have led to the gradual scarcity of productions in recent years, from the cyclical (Gilbert and Sullivan go out of style, but always come back) to the ridiculous ( it seems like every production has to cope with some absurd controversy, like the 2011 Montana production that was accused of threatening Sarah Palin’s life). Political correctness aversion has been the biggest factor in making the very best G&S show rare while productions of Broadway musical junk flourish, however. Since the characters are supposedly “Japanese,” shouldn’t all the singers be Asian? Isn’t Asian make-up offensive like blackface? Oh, hell, let’s just do “The Pirates of Penzance.”

From Ms. Chan: Continue reading

Jonathan Gruber, Bad Law Ethics, The Corruption Of Democracy, And The Affordable Care Act

"Oh what a tangled web we weave..." You know the rest of Sir Walter Scott's famous quote. So why doesn't the Obama Administration?

“Oh what a tangled web we weave…” You know the rest of Sir Walter Scott’s famous quote. So why doesn’t the Obama Administration?

There are important democratic lesson to be learned from the ongoing Obamacare Ethics Train Wreck, and we could discuss them objectively if the beleaguered supporters (enablers? excusers? rationalizers? propagandists?) of the law would just start accepting facts rather than resorting to dishonesty in all of its forms. The law is a mess. The law is a mess because its proponents in Congress passed it without reading it, because the public was deceived and misled in order to pass it, and because Congressional leaders and the President, in addition to not reading  major legislation that have massive consequences to the nation’s population, businesses, and budget, pushed it through without the usual two House scrutiny and amendment process.

Fixing the mess, or trying to fix it, has caused as many problems as the misbegotten law itself. (Please note that I am not discussing the intentions of the law, or what good things it might accomplish for Americans show needed help getting health insurance. That is beside the point. Good intentions don’t make a good law, or a bad law good. Look at the chaos at the border generated by the 2008 anti-human trafficking law, when it was mixed with irresponsible Democratic rhetoric and administration policies suggesting that illegal immigration restrictions were a thing of the past where children were concerned. Yes: many Americans have benefited from the Affordable Care Act. That fact alone, stated without reference to all the chaos, uncertainty, corruption, division and misrepresentations that accompany it, does not mean the law has been a success.)

The law depended on a penalty for not buying health insurance, a penalty that Democrats insisted was not a tax (so the President didn’t have to defend a large tax increase.) But a penalty for not doing what citizens should be free to do was unconstitutional, so Chief Justice John Roberts, in the spirit of avoiding government by judge, allowed the ACA to slip by in a 5-4 decision by declaring that the mandate was a tax, regardless of what it had been called to get it passed, and thus was constitutional after all.

Then the President began delaying deadlines and waiving provisions in the law that weren’t ready to go into effect or that were obviously going to cause more embarrassments. This was an abuse of power: Presidents can’t change laws by fiat. It established a dangerous precedent that undermines Constitutional democracy and the Separation of Powers. But it’s a bad law, and an unpopular law; the Republican House obviously won’t agree to the fixes needed without also doing a major overhaul, and this is, in the ironic words we keep hearing, most recently by the New York Times, Present Obama’s “most significant legislative achievement“—how sad is that?—and must be preserved at all costs.

At all costs. So far the costs of the ACA have been complete partisan polarization, the public’s realization that the President who pledged “transparency” will lie repeatedly to get his way, judicial rescue or dubious validity, and the defiance of the lawmaking procedures delineated by the Constitution. And the ethics train wreck goes on.

In Halbig v. Burwell, the US Court of Appeals for the DC Circuit ruled that those who purchase health insurance under the Affordable Care Act are only eligible for federal tax credits if they do so through an exchange established by a state.  (Another court ruled otherwise.) The court did this because this is what the miserably drafted, rushed, never-read by its own champions actually says, stating that tax credits are only available to those who purchase insurance in an “[e]xchange established by the State.” Obama-propping pundits, Democratic officials and the Administration’s spokespersons have attacked and indeed ridiculed the decision, saying that he court should have refused to enforce the actual wording of the law because it creates an absurd result. After all, the ACA’s stated goal is to expanding access to health insurance. Why would Congress try to limit it in this fashion—I mean, other than the fact that they had no idea what the law they were voting for actually had in it, just a general idea about what it was supposed to do? Continue reading

Incredible: The Trayvon Martin-George Zimmerman Ethics Train Wreck Is Still Rolling!

trains_collision

I didn’t think I’d get a post up this morning—I am rushing to get ready to travel to NYC to speak about municipal lawyer ethics—but I made the mistake of turning on CNN.

Boy, the media will never give up a fake narrative, will it? There was CNN legal analyst Jeffrey Toobin, whom I have now down-graded to “Untrustworthy Hack,” enlightening us regarding the Detroit trial of Theodore Wafer, 55, a white man who is charged with  killing an unarmed 19-year-old Detroit African- American woman on his front porch by shooting through the door of his home. Says Toobin: “His defense is even weaker than Zimmerman’s, because…”

With that one dishonest, despicable. misleading and inflammatory word—-even— CNN’s legal analyst continued the myth that Zimmerman was wrongly acquitted of the charges against him. Toobin is lying, and knows he is lying (because you have to know you are lying for it to be a lie), because every half-educated lawyer who watched the trial knows that the prosecution didn’t prove its case, and couldn’t. Wafer’s defense can’t be even weaker than Zimmerman’s, because Zimmerman’s defense to the charge of murder was not weak in any way. All the evidence prevented supported Zimmerman’s defense, which was the doctrine of self-defense against a reasonable threat of bodily harm. (That Zimmerman caused the situation that led to the shooting did not undermine the strength of  that defense.) By suggesting that defense was weak, Toobin continues the manufactured, racially-divisive narrative that Zimmerman “stalked” Martin, that the killing was racially motivated, and that the jury was racially biased to a acquit him-every element of which is false based on the actual facts of the case. Naturally, the CNN hosts didn’t have the wit, knowledge or guts to stop Toobin.

Or fire him

Sixth Grader Lauren Arrington Is No Plagiarist—This Science Fair Ethics Train Wreck Is Adult-Engineered

You know, it's really all YOUR fault!

You know, it’s really all YOUR fault!

Florida sixth grader Lauren Arrington found herself a sudden media star when her science fair project was featured on NPR, CBS, and other media outlets for allegedly breaking new ground.  Rather than rub hormones on chicks or build models of volcanos, Lauren’s project focused on the Indo-Pacific lionfish, a troublesome invasive species that is causing ecological havoc in ocean waters along the Southeastern United States and the Caribbean. The NPR story, “Sixth Grader’s Science Fair Finding Shocks Ecologists,” was typical: it quoted Lauren’s “Eureka!” thusly…

“Scientists were doing plenty of tests on them, but they just always assumed they were in the ocean. So I was like, ‘Well, hey guys, what about the river?’ “

Gee, I wonder why a 12 year-old girl was thinking about that? Well, it seems that her father, Dr. Albrey Arrington is the executive director of the Loxahatchee River District, and has been involved in lionfish research. Not that there is anything necessarily unethical or unusual about a parent suggesting a science fair project to his child that is in that parent’s own area of expertise, or even providing access to resources for the child to accomplish the project, but as we will see, Dr. Arrington set his daughter up for trouble she couldn’t possibly understand. Continue reading