Comment of the Day: “The New York Times Is Shocked—SHOCKED!—That Anyone Would Think It Discriminates Against White Males!”

A short COTD for a change—Michael R., whose first comment was on this post in 2009, not long after Ethics Alarms was launched, has made a trenchant observation that seems obvious once you read it, but had never occurred to me in this degree of clarity.

His comment follows yesterday’s post about the New York Times being sued for discriminating against a white, male job applicant. The paper is denying it, of course, but as I asked in the post, “Does anyone believe that the woke, left-biased, victim-mongering, knee-jerk Democratic New York Times, after declaring that its staff was “too white” and “too male” has not been systematically discriminating against whites and men?”

Interestingly, Ann Althouse offered a poll to her readers on exactly that question…

…and here are the results as I write this:

Michael’s observation slapped me across my metaphorical face with the realization that approving of “good discrimination” is the result of the societal embrace of the Golden Rationalization, “Everybody does it,” in epidemic proportions. This is ironic, because the same unethical reasoning is what supported slavery and, after that, routine anti-black discrimination and prejudice for so long.

I worked in the administration of an institution that was all-in on “affirmative action”-–note that this is one of the great cover-phrases of all time, like “pro-choice,” allowing something that is unethical and illegal to be framed as something else—in the late Seventies when it took the culture by the throat. The institution was Georgetown Law Center, which is still committed to the self-contradictory policy Michael R.’s comment focuses upon: you may recall that its Dean essentially dismissed a new faculty member for daring to suggest that Justice Jackson, the DEI nomination of Joe Biden, was taking the place of more qualified candidates.

There was once a utilitarian argument for affirmative action; indeed I made it myself once upon a time. But a nation founded on equal justice and individual responsibility cannot maintain integrity while accepting any form of racial and gender discrimination without end. The fact that so many of our friends, relatives and colleagues can’t figure this out points to a widespread lack of ethical analytical skills. It is, I think, the same faulty and unethical reasoning that has spawned the rationalization of illegal immigration.

Here is Michael R’s Comment of the Day on the post, “The New York Times Is Shocked—SHOCKED!—That Anyone Would Think It Discriminates Against White Males!”

* * *

I have tried to explain why racially discriminatory programs are wrong to people at my institution, but it just doesn’t work. It is impossible to get them to understand that they can’t discriminate based on race. Most of them have grown up in a world where the courts have ruled that race-based discrimination is permissible. Explaining to them that it was illegal the whole time is just incomprehensible. I mean, it does seem implausible that every single federal and state court in the entire country ruled that the law that said you can’t discriminate based on race ruled that you could discriminate against SOME races. Explaining that they never made it legal, they just ruled it was permissible makes it worse. How can judges give people permission to violate the law for 60 years?

Remember, the Milgram experiment showed that as few as 10% of the population is capable of critical thinking. Most of those people are dismissed as troublemakers by society for their crime of critical thinking.

Fairness Test: “What’s Going On Here?”

The short video clip above shows Minnesota Representative Ilhan Omar referring to World War II as “World War Eleven.” The clip has been reposted by numerous social media accounts and has collectively drawn millions of views. Some versions leave out the Congresswoman quickly correcting herself and smiling at her own gaffe.

Omar’s “speako” has also spawned many memes, like…

All in good fun…except that if Donald Trump made a gaffe like that my Trump Deranged Facebook friends would be screaming that it was time to invoke the 25th Amendment. I am willing to accept the protests of Democrats that Omar’s incident was a forgivable momentary botch with no greater significance and not proof that she misunderstands Roman numerals or lacks a basic knowledge of history…if they stop using Trump’s occassional verbal stumbles as evidence that he is demented.

And you know they won’t.

On the other hand…what the hell? How can someone who has read anything about World War II and seen the numbering as often as educated Americans do—what, hundreds of times? Thousands?—make that mistake? Several years ago, a local news hostess was fired after making the same error; the assumption was that she must be an idiot. Maybe because my sister and I were immersed in World War II history, lore and memorabilia from the time we could speak, this particular gaffe seems particularly weird to me. If Omar pronounced “USA” as “ussa,” would it be reasonable for us to shrug it off as a mistake any member of Congress could make? This is an elected official, after all, whose American bona fides are tad shaky.

Now, now, Jack. You have exonerated Obama for saying there were more than 50 states, and yourself for mixing up this guy…

….with this guy…

so let’s not jump to conclusions about Rep. Omar just because she has said her first duty is to Somalians.

Ethics Quiz: The Student Exposé

A high school student in Philadelphia made series of videos, posted on TikTok, showing how exposed how some of his classmates could not read well nor comprehend relatively simple sentences. “whatthevek” posted a video showing single high school-aged students was unable to read the sentence, “She wore a silhouette of clothes that were extraordinary but somewhat gauche.” He made a follow-up video a day later in showing students unable to make sense of the sentence, “The colonel asked the choir to accommodate the governor’s schedule.” The videos were filmed at the city’s Preparatory Charter School of Mathematics, Science, Technology and Careers.

How surprised are you? I’m not.

The two videos went “viral,” accumulating 1.7 million likes and thousands of comments. The student says he won’t be posting a third, however. “I would post a part three, but the school board is trying to expel me, stop me from going to prom, and stop me from walking at graduation,” he revealed on Instagram last week.

South Philly-based Prep Charter has yet to conform or deny this. State test scores show that just 53% of students at the school tested proficient in reading, and 19% were proficient in math. Roughly 71% of Philadelphia’s fourth-graders cannot read at grade level, according to statistics from Philadelphia-based social justice group Achieve Now. The group also holds that about half of all adults in Philadelphia are functionally illiterate, one of the highest rates among large US cities.

Let us assume that the student, whose name is not yet known, is indeed facing punishment for his videos.

Answering My Own Ethics Quiz: “Is This Troll By The White House Ethical?”

Damn right it is.

In fact, it’s brilliant, well-deserved, and spot-on. The purpose of trolling Trump-style is to make your opponents, detractors and adversaries start screaming and kicking things. Normally I would say that 1) causing people pain, psychic or otherwise, for no other reason than to do it, is unethical and that 2) for a President of the United States to engage in such conduct is petty, an abuse of position and and beneath him. But the fools, knaves, assholes and clods that make up the Trump Deranged just nearly got the President killed again. This particular trolling post, mocking the “No Kings” idiocy that has polluted the very concept of public demonstrations and protest as free speech, is a wonderful way to respond to those responsible.

To wit..

1 The President comparing himself to the UK’s King Charles brightly illustrates how silly the protest was to begin with. None of the kings extant in the world today, with Charles being the most prominent example, have any real power except for prestige and cultural respect.

2. If Americans and the mews media allowed Trump the formal respect and deference that the English royals receive, our politics, culture and society would be far healthier.

3. The Founders’ concept of our Executive was, in fact, that he have the status of a king but with his powers limited and controlled by two equally powerful government institutions. This is why both John Adams and Alexander Hamilton were shocked when our first President eschewed any of the trappings of royalty.

4. The difference between the conduct of the UK’s King and our President, especially this one, is striking. King Charles, like his mother, rarely allows reporters to shout questions at him, or addresses hostile audiences like Trump was about to do before the shooting started, or will take part in a contentious interview with a journalist as Trump has done many times, most recently with Norah O’Donnell. Framing them both as “kings” neatly points out the distinction. Our king is more accessible, a commoner (one might wish a bit less common) and self-effacing.

5. Real kings, and many of Charles’ predecessors, would execute or imprison critics, especially those as hateful and vicious as those who have taken part in the “No Kings” rallies. President Trump just teases them. That’s the epitome of a beneficent monarch.

6. Ann Althouse this morning chides the White House for, she says, sacrificing integrity (“consistency”) for trolling. Baloney. Trump trolling his undemocratic foes, who do not believe in allowing an elected President to govern, is one constant in his two terms. The post says, in effect, “Nyah, Nyah, Nyah. Nyah! I’m POTUS and you’re not. Bite me!”

Yes, childish, but Trump’s targets are children—worse, really, because children have an excuse for acting immaturely and adults do not. In the context of what he has put up with, it is a restrained, clever, and well-deserved rebuke.

My Ethics Alarms Ethics Quiz of the Day:

Is the White House’s “TWO KINGS’ gag ethical?

Answer: It’s better than ethical. It’s perfect.

Yecchh! The DOJ’s Indictment Against James Comey Is As Embarrassing and Unethical As The Democrats’ Lawfare Indoctments Against Trump

How embarrassing, irresponsible and incompetent….

Yes, the Trump DOJ really indicted the Deep State’s scumball ex-FBI Director for his obnoxious Instagram post featuring an anti-Trump seashell message he happened upon on the beach (Yeah, I wouldn’t put it past this guy to arrange the seashells himself and then pretend it was made by someone else, but that is unprovable.)

Trump’s DOJ has unsuccessfully indicted Comey once already. That indictment at least had some law and logic to support it: this one does not. I didn’t think the DOJ and FBI could be so wasteful as to have an ongoing investigation of a seashell formation that has taken eleven months, but to be fair, tracking down all those mollusk witnesses and interviewing them must have been quite a chore.

Last year I wrote, after Comey issued his Instagram post,

“James Comey, the partisan, dishonest, unethical former FBI Director whom Trump was right to fire (but he should have fired him earlier) posted on Instagram, with approval, a message that consisted of the numbers 8647, meaning “rub out the 47th President,” Donald Trump, delineated with sea shells. …

 “Nice! It didn’t take long for Comey to realize that this was, to say the least, a tactical error, and he took down the post. In doing so, Comey proved what a mendacious creep he is again by claiming that it never occurred to him that 8647 might be interpreted as a call to have the President of the United States eradicated, offed, murdered, killed…you know assassinated. Never mind that there have been two near misses by the “Kill Trump” club already, that some Democrats and “the resistance” have openly advocated violence, and that for a former head of the FBI to join their ranks is, to put it mildly, unseemly. Comey said he was sorry.

“Not good enough. Not nearly good enough. A former high law enforcement official calling for the assassination of the sitting President is a big deal, attention should be paid, and Comey should suffer more than the indignity of having to channel Emily Litella (“Never mind!”)

“…There is no valid justification for taking criminal action against Comey (who wrote coyly under his shells photo, “Cool shell formation”), but there also is no good reason not to thoroughly humiliate this Ethics Villain either.”

Instead, the crack MAGA lawyers in Trump’s Justice Department decided to thoroughly humiliate themselves instead by using this old, obnoxious, since-deleted Instagram post as the basis for two criminal counts alleging that Comey “ma[d]e a threat to take the life of, and to inflict bodily harm upon, the President of the States”:

DOJ has to prove under the law that “a reasonable recipient“ of the image of “8647” posted by Comey “who is familiar with the circumstances would interpret” the post “as a serious expression of an intent to do harm” to Trump. It can’t. Among other things, the editing term “86” is ambiguous. Because I have been an editor, I know it means “Kill this section” or “throw away this story.” But even in the editing game, 86 doesn’t literally mean “kill” because you can’t kill something that isn’t alive in the first place. Furthermore, most Americans don’t have a clue that “86” means “eliminate/cut/get rid of/trash, etc.” In fact, the DOJ can’t assume or prove that Comey did, so the “knowingly and willfully” requirement is dead in the water, like the previous inhabitants of those shells.

It’s overkill because the indictment is obviously absurd and you shouldn’t have to be a lawyer, a legal scholar or a beach-comber to figure it out, but Alan Rozenshtein and Ben Wittes at Lawfare—a reliably anti-Trump, Axis-allied site, but that doesn’t mean it is always wrong— examined the legal issues regarding Comey’s post and concluded, “James Comey could have gone a lot stronger than ‘8647’ and still not risked jail.”

Absolutely correct. Taking a picture of an ambiguous message on a beach and calling it “cool” can’t conceivably constitute a “true threat.”

In Brandenburg v. Ohio, the U.S. Supreme Court held “the constitutional guarantees of free speech and free press do not permit [a law] to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” A seashell message on a beach complimented by a fired FBI director is likely to incite violence? Come on.

On Baseball Players Flipping “The Finger” To Obnoxious Fans

No, Bill Maher isn’t a professional athlete, but that’s my favorite graphic of a celebrity middle finger. Besides, it reveals Bill’s essential ugliness.

Red Sox outfielder Jarren Duran talked about his 2022 suicide attempt in a Netflix docuseries about the Red Sox released last year. He received a lot of praise for his openness, which he said was intended to increase awareness among others struggling with depression and mental health issues.

But jerks reign supreme, especially in sporting event crowds. Last night, as the Sox played the Twins at Target Field in Minneapolis, a Twins fan sitting in field box seats shouted at Duran that he should kill himself after he grounded out in the fifth inning.

The player responded with the obscene middle finger gesture. “I shouldn’t react like that,” Duran said after the game. “That kind of stuff is still kind of triggering. It happens.“

Flipping off a fan during a game is typically an automatic suspension and fine. Should it be in this case?

On California’s Lawyer Civility Pledge

California lawyers in Marin County will soon be required to take a civility pledge as part of their annual renewal oath. The pledge, approved by the State Bar’s Board of Trustees, applies to all 286,000 licensed attorneys and will become mandatory on April 1.

Incredibly, California lawyers, a significant number of them, are objecting. The pledge is “vague,” they say, and could violate First Amendment rights. They also claim that it’s unfiar to change the entrenched courtroom habits of veteran lawyers; in other words, “How dare the bar hinder lawyers who have been successful being assholes?”

The frightening pledge reads simply, “As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy and integrity.”

Most Inexcusably Incoherent Statement In A Report: The Harvard Jewish Alumni Alliance

The sentence:

“The correct ask in this report is not the ask of an institution being condemned. It is the ask of an institution being held to its own standard by people who still believe it can meet it.”

That authentic frontier gibberish—I’m still not sure what it means, and I’ve read it a dozen times—is in “A Narrowing Gate, Jewish Enrollment at Harvard and its Peers | 1967-2025,” a report by the Harvard Jewish Alumni Alliance. The report found that that Jewish undergraduate enrollment at Harvard University has dropped to about 7% in 2025, its lowest level since before World War II and the lowest among Ivy League schools with reliable data.

I was going to write about the report itself, but if Jewish alumni of Harvard end up writing like that, maybe its a good thing not as many Jewish students are attending Harvard.

This is the Executive Summary. The report seems to be implying that anti-Semitism at Harvard has to be the reason for the unexplained drop, because none of the other possible factors it identifies explain it. Apparently Jewish applications to the school haven’t fallen off sufficiently to cause a 50% reduction, though I don’t know why. On national television Harvard’s then-president Claudine Gay told a Congressional committee that she considered anti-Jewish demonstrations in Harvard Yard to be acceptable free speech, and was unable to articulate a basic truth, which is that anti-Semitic demonstrations on a college campus constitute unethical and intolerable conduct that creates a hostile environment for Jewish students. Gay’s eventually firing for scholarly misconduct (not mealy-mouthed acceptance of campus enmity toward a minority) could not have provided aspiring Jewish applicants much confidence.

We also learn from the report that Jewish alumni had to gather the data for the report because Harvard no longer compiles data on Jewish students.

All of that is interesting, but when I read that statement, I lost interest in examining the report further, and lost any confidence in the people who prepared it. Maybe it’s a hangover from listening to Kamala Harris and Joe Biden for four years and Donald Trump for a decade, but if someone can’t communicate clearly, I can’t have confidence that they are thinking clearly either.

The Women’s History Museum Mess

Ugh. I won’t call it an ethics train wreck, because this is really another subset of the nation’s victim-mongering/tribal/white male vilification problem as well as the already running “DEI Ethics Train Wreck” and the “Trans Activism Ethics Train Wreck.”

Of course we have to have a Women’s History Museum. There are four historically “marginalized” groups, and women are the largest and longest suffering of them all. D.C. already has huge museum dedicated to African Americans, and there is a Smithsonian museum called the National Museum of the American Indian. Women have every right to feel snubbed in the current obsession with group identification. You know an LGBTQ+ museum on the Mall will be next: how could it not be?

Conservatives who argue, as one did in the comments to a recent online item about the museum, “[The museum] continues to foment the balkanization of America. The accomplishments of women are just that: accomplishments. Their fruits are enjoyed by all, not just by those of the gender/race/religion, etc of the person who made the accomplishment” are trying to lock the barn door after the horse has escaped and won the Kentucky Derby. This is “National Women’s Month.” The Democrats had a national convention celebrating “The Year of the Woman” (with Bill Clinton as a keynote speaker, but never mind…). Half of the arguments for voting for Hillary and Kamala was their lady-parts. We’re stuck with U.S. women seeing themselves as a special, separate, aggrieved and superior group for the foreseeable future, probably forever.

But there is a problem: the party that at least pretends to be the “party of women” can’t figure out what a woman is. This week House Democrats blocked legislation to establish the “Women’s History Museum” because of an amendment attached by Republicans stating, “The Museum shall be dedicated to preserving, researching, and presenting the history, achievements, and lived experiences of biological women in the United States.”

AI Partisan Bias, Pundit Partisan Bias, and the Impossibility of Getting Straight Information From Anyone or Anything

Breitbart News social media director Wynton Hall has authored a new book on a hot topic, Code Red: The Left, the Right, China, and the Race to Control AI. Breitbart is one the Ethics Alarms blacklist, thanks to multiple misleading and biased articles, a few of which led me into wrongly sourced posts. However, on the principle that the messenger should not automatically cause one to disregard the message, I was intrigued by the book’s claim that AI programs alleging that they are politically neutral are actually biased heavily against conservatives.

From a confirmation bias perspective, I would be shocked—not “shocked—shocked!” but genuinely shocked— if that were not the case, since AIs are informed by mass media and the output of other heavily biased institutions, including Big Tech members of the Axis of Unethical Conduct like Google and Meta. “Code Red” states that Hall, using Google Gemini Pro’s “deep research” setting, asked, “Based on your hate speech policies, assess the statements of the current 100 U.S. Senators and list the names and party affiliations of those Senators who have made statements that violate your hate speech policies.”