language

Abashed Morning Ethics Warm-Up, 10/28/17 [Updated]

/ Jack Marshall / 35 Comments

Good Morning!

1 Following a day in which various exigencies and responsibilities, plus fatigue and distraction, caused me to whiff on getting up at least three posts I thought were worthy of consideration, yesterday I failed to get any up at all. This makes me very unhappy, and I apologize. A fly-in, fly-out assignment in New York City had me up early and back late, whereupon I had my son’s birthday to acknowledge, the World Series to scrutinize and some aching feet to attend to. Priorities can’t be ignored, and being able to recognize when something you want to do and are devoted to doing just cannot be done well in the time allowed is a matter of life competence. Yet I hate failing loyal readers who care about ethics issues and rely on Ethics Alarms to explore them, and feel negligent when this occurs…fortunately, not very often.

Still too often, however.

2. The emergence of Hollywood director James Toback as a serial sexual harasser (at least) had me preparing a post about why theatrical directors are especially prone to this conduct. The gist of it was that in college, where participation in theater is often more social than aesthetic, directors forming romantic relationships with their cast members is neither taboo nor typically exploitative. Similarly, in community theater such relationships are not unusual or unethical, unless they interfere with a director’s artistic duties: casting an inferior performer because she’s your girl friend or because you want her to be is per se unethical. These are the cultures that produce many directors, and they enter professional theater, and later films, with bad habits that cannot be tolerated or continued in a professional context. Similarly, performers also come out of that culture. It may be difficult for some of them to comprehend that what is arguably acceptable in amateur settings is becomes unconscionable in a professional one.

However, this cannot explain Toback’s conduct. An astounding 200 plus women now say they were harassed or assaulted by him, and the list filled up in less than week. Compared to Toback, Harvey Weinstein and Bill Cosby seem restrained.

Actress Selma Blair, for example, says her agent arranged for her to meet Toback for a possible role in one of his films after her career had begun with promise. Blair says the meeting was scheduled at a hotel restaurant, but  when she arrived the hostess told her that Toback wanted to meet in his hotel room. There, Toback asked her to perform a monologue nude, directed her to have sex with him, and said he would not let her leave until he “had release.” Then the actress says, he simulated sexual intercourse on her leg. 

I begin my sexual harassment seminars by stating that the problem is one of ethics. If you have respect for human beings regardless of gender, if you are fair to people you interact with, if you are caring toward them and obey the Golden Rule, if you apply the three basic ethics alarms checks (“Does this seem right? Could I tell my mother about this? Would I want this on the front page of my local newspaper?”), then you won’t be a harasser. But I can’t begin to explain how someone reaches the point of depravity and utter contempt for women that he would behave the way Blair describes Toback behaving. This is, to understate it, uncivilized. Was he raised by wolves? I suspect even wolves would be horrified by his behavior. My father never had to sit me down at 13 and say, “Jack, it’s time for a talk. It’s never right to simulate sexual intercourse on a woman’s leg when she has come to interview for a job.” I didn’t need to be told this. Who needs to be told this who isn’t already a dangerous sociopath?

Somehow, the culture of Hollywood devolved to such a state that abuse of power and women became a social norm, and even conventionally acculturated adults had their values erased and replaced. That is the only way the Tobacks and Weinsteins could come to exist. That culture is now too sick and entrenched to be wiped clean by a few scandals. It is going to take a long time to change it, if indeed it can be changed. Continue reading →

Ethical Quote Of The Month: David Brooks, Channeling Yale Law professor Stephen L. Carter

/ Jack Marshall / 22 Comments

First, a bit of a disclaimer:

In his Monday column for the New York Times, David Brooks evoked Yale Law professor Stephen L. Carter‘s 1998 book “Civility” to recommend how reasonable people should engage with “fanatics.” I like the quote a lot, with this caveat: Brooks makes it clear, as almost all Times op-eds do now, that by “fanatic” he means all those strange, nasty, stupid, hateful people who don’t subscribe to the New York Times world view and progressive cant. As a result, I have to take Brooks’ words with several grains of sea salt, and indeed try to forget that they are coming from a pundit who has at other times implied that President Trump should be removed from office regardless of whether he actually does anything that would meet the standards required by the impeachment clause or the 25th Amendment.

That and other opinions he has put into print–always in the measured words of the intellectual he styles himself to be—marks him as a fanatic in my book, just one operating under the cover of gentility and intellectual rhetoric. Now, it would have been easy for Brooks to dispel my suspicions and also to have a larger audience for his wisdom had he chosen, as his example of a fanatic, a member of the antifa, or a college student who believes that conservatives should be censored, or any number of leftist nut cases who are as plentiful now as the autumn leaves. But no. Brooks knows that wouldn’t endear himself to his colleagues like Paul Krugman and Charles M. Blow, so his first example of a fanatic, and his only American one, was “a Trump supporter” who threatened him at a baseball game.

Thus Brooks’ column manages to be condescending and arrogant, as well as partisan, because of his failure to harness his biases. The substance of his quote, however, comes via Terry Teachout, the drama critic of The Wall Street Journal, the critic-at-large of Commentary and a thoughtful moderate for an arts guy, and through Amy Alkon, a moderate conservative feminist Trump-hating blogger and author, and Professor Carter, who seems like a reasonable and not especially political sort. This is enough, I think, to cleanse Brooks’ words of their inherent hypocrisy. Deciding that those who disagree with you must be the fanatic in the conversation is, after all, a poor starting point for a productive discussion.

With those reservations and qualifications, here is the quote: Continue reading →

Morning Ethics Warm-Up, 10/21/17: Fake Bravery, Mysterious Hate Speech, Vindictive Ex-Presidents, And The Trans Fold-Out

/ Jack Marshall / 20 Comments

I confess: I miss New England…

Good Morning.

Thank God it’s Saturday.

1 The definition of “courage” being used to describe some of the late-to-the-party revelations of Harvey Weinstein’s victims is more than a bit off.  For example, Academy Award  winner Lupita Nyong’o’s op-ed, in which she talked about her own harassment by Weinstein, was hailed by Kerry Washington, Ellen DeGeneris and others, including singer Janelle Monae, who wrote, “My hero. Thank you for your bravery. Thank you for using your voice.”

Bravery? Nyong’o’s piece could be fairly described as kicking a dead horse when he’s down. There is no danger to Nyong’o now in joining the throng accusing and exposing Weinstein, whose head is on a metaphorical pike in Hollywood. Indeed, claiming victimhood now acquires sympathy and declares that one is joining one’s peers in a virtuous quest. There is nothing wrong with her op-ed or the fact that she wrote it, but it isn’t brave. It would have been brave if she had written it while Weinstein had power…and was still using that power to intimidate and exploit actresses

2.  A recent quiz in the New York Times threw some light, or maybe ice water, on the concept of “hate speech.” The quiz asked Times readers to judge whether a statement was hate speech, and contrasted the results with Facebook’s hate speech policy, and the kind of statement would be removed from the social media platform as violating its standards. Facebook defines hate speech as:

  1. An attack, such as a degrading generalization or slur.
  2. Targeting a “protected category” of people, including one based on sex, race, ethnicity, religious affiliation, national origin, sexual orientation, gender identity, and serious disability or disease.

Here were the samples; Times readers were asked to vote yes or no to the question, “Would this statement meet Facebook’s criteria for hate speech?”

A. “Why do Indians always smell like curry?! They stink!”

B. “Poor black people should still sit at the back of the bus.”

C. “White men are assholes.”

D. “Keep ‘trans’ men out of girls bathrooms!”

E. “Female sports reporters need to be hit in the head with hockey pucks.”

F. I’ll never trust a Muslim immigrant… they’re all thieves and robbers.”

The Answers:

A. Facebook: Hate speech. Times readers: 75% yes, 25% no.

B. Facebook: Not hate speech. Times readers: 92% yes, 8% no.

C. Facebook: Hate speech. Times readers: 48% yes, 52% no.

D. Facebook: It depends on the context. Times readers: 57% yes, 43% no.

E. Facebook: Not hate speech. Times readers: 80% yes, 20% no.

F. Facebook: Not hate speech. Times readers: 91% yes, 9% no.

Ethics Alarms: the concept of hate speech is a dangerous, intentionally vague, manufactured category of speech pointing to restrictions of free expression. There is hateful speech, insulting speech, bigoted speech, biased speech, cruel speech, uncivil speech and rude speech, but all of it is still protected speech.

The tell is C. Times readers only voted that one statement wasn’t hate speech, the one that denigrated all white men. Of course they did. By Facebook standards, that vote is hate speech. I think.

Facebook can ban whatever speech it chooses, of course. The fact that it engages in this kind of vague, inconsistent, bias-laden censorship, however, tells us how much we should trust it: Not at all.

3. Speaking of bias, the Trump-haters in the news media—which is to say, the news media—were thrilled that both Barack Obama and George W. Bush delivered, on the same day, statements that were taken as rebukes to President Trump without mentioning him by name. Both Presidents were treading in serious hypocrisy mine fields, and neither were called on it sufficiently. Bush spoke of “fading confidence” in free markets: Gee, who was President when insufficiently regulated capitalists crashed the world economy? Obama, even more cynically, pointed to social, racial and economic schisms after his eight years of aggravating and exploiting them. Both Bush and Obama—and for them, this is a despicable ethics foul—conflated illegal immigration with immigration, to the seal-flipper applause of the open-border crowd.

The significance of these dual attacks is less than it appears. Bothex-POTUSes are motivated by personal animus and as well as personal bias. President Trump is doing an excellent job, as promised, of erasing Obama’s few substantive achievements and policy initiatives from the record, and he has only been at it for less than a year. Are you a a successful President if the primary lasting effect of your administration is reversal of progress in racial reconciliation? Obama’s enmity is predictable, but hardly based on objective consideration. Bush’s attack is even less so.  Candidate Trump’s attacks on President Bush’s brother were nasty and personal; the entire family has made no secret of the fact that it won’t forget, and hates the President’s guts/

The real ethics lesson, as well as a practical policy lesson is that being gratuitously mean to people isn’t just unethical, it is incompetent for a leader. This is one more area where the President shows a self-destructive lack of control and prudence as well as a flat learning curve. At a recent event, Paul Ryan, another target of Trump’s personal insults, mocked the President. John McCain has clearly decided that he will do whatever he can to undermine him until his last breath. Not only do the various public figures Trump needlessly insults and attacks occasionally have the opportunity to strike back in substantive ways, they also have supporters who will side with them even when those strikes are unfair or petty.

Deliberately making enemies is an example of life incompetence. It is so for a librarian or a short-order cook; it is even more so for a leader. It just makes it harder for you to do your job.

Why would you do that?

4. And now that Hugh Heffner is dead, Playboy is trying to make him roll over in his grave by announcing that it will have its first transgender Playmate.

Is this Ick, or ethics? Presumably, if the magazine has any integrity at all, Playboy chooses its Playmates according to their aesthetic qualities, not their medical history. These are women. Stipulated: French model Ines Rau is a woman, now.  Why is her selection focusing on how she got to be one?

Well, it’s obvious, isn’t it? Rau wasn’t chosen because she is a beautiful woman, though I am not saying that she isn’t. She was chosen because she is transgender, and beautiful enough. This was affirmative action. Reports say she is honored. Why isn’t she insulted? If President Obama told Sonia Sotomayor that she was being nominated as a Supreme Court Justice not because she is especially qualified, but because she is Hispanic, would Sotomayor have been pleased?

Rau is being exploited, as Playboy treats the transgender social issue as a fad, to sell magazines and get publicity. Predictably, many of Playboy’s readers are objecting for the wrong reasons: they are bigots. Playboy’s social media response is telling: “Standing on the right side of history.” This is, as Ethics Alarms has pointed out before, a facile dodge and a rationalization. “We’re on the right side of history” is weak variation of the Number 1 rationalization on the list, “Everybody does it.” It means “Everybody’s going to do it, just you wait and see.”

Color me dubious. Heterosexual men who buy girlie magazines are going to find transgender women more beautiful and sexually arousing because they once were biologically male?

Sure, Playboy. Whatever you say.

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 →

Call Me An Alarmist, But This Alarms Me Greatly: The Censorious On-Line Anagram-Maker [UPDATED]

/ Jack Marshall / 31 Comments

In a recent thread—the context is unimportant—commenter Chris facetiously wrote that “Auntie Yang’s Great Soybean Picnic” is an anagram for “Hitler Did Nothing Wrong.” My mind working the way it works, and being incapable of anagrams myself, I immediately went to an online anagram generator, and typed in “Hitler Did Nothing Wrong.”

The page, Wordplays’ Anagramer, told me that there were no anagrams for that phrase, which is, of course, isn’t true.  [UPDATE: See below] “Auntie Yang’s Great Soybean Picnic” isn’t one of them, but there are thousands, my favorite being (courtesy of a the ethical anagram generator here), “Deriding Hog-thrown Lint.” I always deride hog-thrown lint myself.

I amguessing that the only reason Wordplays refused to give me the anagrams I requested was that it decided that I shouldn’t have the right to even write or think the phrase “Hitler Did Nothing Wrong.” Somewhere in programming their site the social justice warrior totalitarians have decided that “bad words” and “bad ideas” can’t be used or thought about, even in jest. Even in an anagram!

‘First  they came for “Hitler Did Nothing Wrong, ” and I did nothing. Then they came for “Deriding Hog-thrown Lint.”‘

This isn’t funny, this is scary. There is a large and growing segment of the American public, many quite powerful, who believe in social change by constriction of words and thought. They see technology as their ally, and those who run technology companies show every sign of being such.

These are enemies to democracy and our liberties as defined by our Founding documents, our traditions and history.

They aren’t enemies because they block anagrams due to their crippling political correctness and arrogance.  That just means they are silly fools. They are enemies because they don’t think using their power to interfere with the speech and thoughts of others is wrong. They think they are doing good.

And if they can–if we let them—they will warp our culture  using laws, intimidation, indoctrination and, of course, technology until everyone believes that controlling words and thoughts is good.

If you think this is just about anagrams, you’re dangerously naive.

UPDATE: Commenter/Blogger Windypundit, who is surely more savvy in these matters than I am, writes in the comments,

I went over to the Wordplays Anagrammer site to play with it. The thing is, I can’t reproduce your results. When I enter the phrase “Hitler Did Nothing Wrong” it displays hundreds and hundreds of anagrams.

Maybe it was just a glitch? …I thought maybe it didn’t work in some browsers, but it worked in all five I tried.

I don’t know what’s going on. I tried twice, and got a “No anagrams found” message. I will assume that it’s me, not them.

The general position of my post stands, however. Even if the web isn’t censoring anagrams, there is a lot of manipulation going on.

Many thanks to Windypundit for the research and the report.

____________________

Pointer: Chris

Ethics Observations On The Trump-Deranged Prof’s 2016 Post-Election Freak-Out

/ Jack Marshall / 27 Comments

Bridgewater State University professor Garrett Avila-Nichols wrote the Facebook screed above shortly after the November 8 defeat of Hillary Clinton by President Anti-Christ. Somehow the post didn’t become known to students—at least the ones he hate—and apparently even the university’s administration until this week.

Observations:

1 We are seeing one example after another of college professors making tweets and other social media posts denigrating conservatives, Republicans, whites, men and Trump voters in emotional, vicious and frequently obscene rhetoric. Can anyone recall any similar conduct from professors directed against liberals, conservatives, minorities, women, or Obama, Clinton or Carter voters? I know that there was no social media to abuse for much of those periods, but still: when did professors get the idea that attacking large segments of the population and the student body was tolerable? Why do they think it is acceptable conduct now?

2. Is it because they see, hear and read so much similar hate and fury in the mainstream media, social media, and mouth-foaming  anti-Trump fanatics like Maxine Waters, Keith Olberman, and Stephen Colbert, and see them get away with it relatively unscathed?

3. Professor Turley is almost an absolutist on the matter of professors being able to exercise their First Amendment rights on social media. Would he defend this? Really? How can someone teach students when he has declared in print and online that some of them aren’t welcome? How could such students trust such a professor to grade them objectively and fairly? Teachers are supposed to be mentors and allies: how can someone who hates you perform those roles? How can a school trust a professor who writes something like that?

4.  Does it matter that this is an old post? I don’t think so. Emotions that intense and judgement that terrible are signature significance. Rational, reasonable, trustworthy professionals don’t make public outbursts like that. Ever. Continue reading →

Morning Ethics Warm-Up, 9/14/17: Reed College…Fired For Mentioning Grits?…Stupid Protests…The DNC Lies To Democrats…And The Times Clarifies Its Double Standards

/ Jack Marshall / 95 Comments

Hi there!

1 There is another one of those hybrid ethics stories coming out of Oregon. Cross oppressive political correctness with racial-offense hypersensitivity with Lena Dunham-like totalitarian-minded progressives itching to report “wrong-thinkers” to authorities with organizations punishing individuals for private speech they did not intend to make public and what monstrosity do you get?

This: a white conductor and festival artistic director fired by a music festival after he was overheard talking to a black friend in a fake Southern accent and saying, “Do you want some grits?” or words to that effect.

A white woman standing nearby reported to Oregon Bach Festival officials that British conductor Matthew Halls had made a racist to his black American friend, classical singer Reginald Mobley, who grew up south of the Mason-Dixon line.

The festival immediately fired Halls, despite the fact that Mobley protested that there was nothing racist in the exchange (grits aren’t racist, Southern accents aren’t racist, joking between friends isn’t racist…)  that the two frequently mocked each other’s accents,  that Halls was not a racist and didn’t intend the remark as a racist slur, and that Mobley didn’t take it as such.  Never mind!  Halls’ four-year contract with the festival as its artistic director was terminated, with a spokesman saying in part,

“The University considers many factors when deciding whether to continue a contract. Regarding Reggie Mobley, it doesn’t appear he was involved in the University’s decision. Having said that, it would be inappropriate for the University to disclose details about a personnel matter.”

I’m not going to explain in any detail what and who are unethical in this fiasco, because I shouldn’t have to. Halls is a victim. The woman who reported him after eavesdropping is worse than merely unethical: she is an evil-doer, someone who sets out to hurt other people to feel powerful. She either never heard of the Golden Rule or doesn’t accept it. (Maybe she IS Lena Dunham!) The festival’s conduct is unfair, uncaring, cowardly and irresponsible. It deserves to have its artists boycott the festival in support for Halls, but since artists tend to be leftists of the knee-jerk variety, addicted to virtue-signaling and with the depth of analysis exhibited by the typical dachshund, I wouldn’t expect any colleagial  support if I were the conductor.

If you have functioning ethics alarms, it will be obvious that the episode was disgusting and unjust, and why. If the festival’s conduct  makes sense to you, then I’m afraid you’re hopelessly corrupted.

2. Morning Warm-Up may yet morph into “stories that are so irritating I can’t stand writing full posts about them.” Take this one, for example: at small liberal arts school Reed College,  a mandatory humanities course on ancient Mediterranean civilizations was canceled after student protesters kept  interrupting the class to protest “Eurocentrism.” Western culture has been, like it or accept it or not, the beacon of world civilization, and even those who (idiotically) choose to deride or reject it need to understand the history and forces that brought us to where we are today—where we are today being a time when weak and incompetent college administers refuse to assert the indispensable fact that students are there to learn, not dictate to their elders.

My favorite part of this story: to accommodate protesters, the Reed administration agreed to allow adverse students to stand surrounding lecturers in the course. “The general understanding was that the protesters would be allowed to continue as long as they didn’t interfere in the lecture period”…as if forcing lecturers to teach under such circumstances isn’t inherently interfering, as well as intimidating to the teachers and other students.

Colleges and universities that cannot respond more effectively and professionally to such unethical bullying by extremists don’t deserve to exist at all. If you don’t want to learn about Western civilization, go to another school, probably in California. If you disrupt the learning experience of other students, you should be expelled. Continue reading →

Morning Ethics Warm-Up, 9/9/17: The AP Invents A New Misleading Phrase, Deaf Signer Ethics, No Innocent Until Proven Guilty In The NFL, And More…

/ Jack Marshall / 17 Comments

GOOD MORNING!

1 This is the monthly brief warm-up, as I have to be bright-eyed and bushy-tailed at an obscenely early hour and teach the peculiarities of the District of Columbia Rules of Professional Conduct to about 300 lawyers newly admitted to the bar. And those rules are peculiar, notably Rule 5.4, which allows District lawyers to form multidisciplinary firms, with accountants, economists, professional marketers and other non-legal professionals as partners. Such firms mirror entities in Europe that take international business away from U.S. firms, but are regarded as unethical in every other U.S. jurisdiction, and condemned by the American Bar Association.

2. Yesterday I watched Florida Governor Rick Scott give his pre-hurricane warnings, or tried to, since standing next to him was a signer for the deaf, gesticulating and making more elaborate faces than the late Robin Williams in the throes of a fit. I have mentioned this in the context of theatrical performances: as a small minority, the deaf should not be enabled by political correctness to undermine the best interests of the majority. What Scott was saying was important, and could have been adequately communicated to the deaf citizens present by the signer standing off camera. TV viewers could and should have been able to watch a text crawl following Scott’s speech, or closed captioning. Public speaking involves verbal and visual communications, and having a vivid distraction like a professional signer—many of whom feel it is their duty to add broad facial expressions to their translations—is unfair to both the speaker and his or her audience. This is one more example of a sympathetic minority bullying the majority to establish its power. Continue reading →

The “Unacceptable Word” Fiasco: OK, Now I Really Want To Know How Many Progressives Seriously Endorse Stuff Like This?

/ Jack Marshall / 23 Comments

I just received an email from the Democratic National Committee urging me to protest Betsy DeVos’s (completely valid and overdue) withdrawal of the “Dear Colleague Letter” by which the Obama Department of Education pressured universities into dispensing with due process when a male student is accused of sexual assault. “Tell Trump and DeVos not to undo President Obama’s policies to combat sexual assault on campus!” it bleats. The e-mail blast (if I ever find out who put me on this list, there will be blood), quotes DeVos, as if this advances their case, as saying, “If everything is harassment, then nothing is harassment.”

The Education Secretary was exactly right, and a story today from Reason shows why.

Joshua Zale, a student at Moraine Valley Community College, was asked by his drama instructor to play a pimp asking for money from another student, playing the role of a prostitute in an improvisation exercise. Improvisation means that the actors work without a script. In the process of the improv, Zale used an “unacceptable word” according to the instructor, who was apparently improvising the role of a fool. The teacher immediately reprimanded Zale, who later insisted on a private meeting to learn why he had been attackedfor using a word he felt was consistent with  the role he had been assigned.  Assistant Dean Lisa Kelsay subsequently accused  Zale of violating Title IX—the weapon of choice in the “Dear Colleague Letter”—and school conduct policies by sexually harassing his acting partner “as a woman.”

No one has yet divulged what this “unacceptable” word was. I have taught improvisation. I am a pretty creative guy, with a fairly extensive vocabulary. I cannot imagine any word, from Pneumonoultramicroscopicsilicovolcanoconiosis to supercalifragilisticexpialidocious to Bill Maher’s favorite, cunt, to “penis breath,” uttered by a child in the opening minutes of “E.T.”, that would be “inappropriate” in an improv, especially in a scene involving a sex worker and a pimp.

As you know, ethics stories often remind me of TV shows and movies. This one (see the video clip above)  reminds me of a famous “MASH” episode, “The General Flipped At Dawn,” in which Harry Morgan, later to play lovable, crusty old Col. Potter, played an insane general. Reviewing the MASH squad, he asks Radar, “Where are you from, son?” Radar answers, “Iowa, sir..” only to have the General scream, “NO TALKING IN RANKS!!!!”

Maybe the improv instructor, Craig Rosen, flipped too. That would be an excuse, at least. But how do you explain the Assistant Dean? Continue reading →

Morning Ethics Warm-Up, 9/6/17: Comey’s Premature Draft, Obama’s Golden Rule Breach, Newspapers “Protecting Us,”And Thank-You, Boston Red Sox

/ Jack Marshall / 12 Comments

 

1 I want to sincerely thank the Boston Red Sox for giving me, the sole baseball ethicist on the web who also devotes a disturbing amount of his time, energy and passion to following the team, the challenge and opportunity to address a major cheating scandal involving the organization and institution I love. Seriously, guys, thank you. This is exactly what I needed to face after staying up past 1 AM watching the Sox pull out a 19 inning, 6 hour game on Hanley Ramirez’s bloop single to center.

I’ll cover the issue in the next post. Ugh.

2. Ironically, just as the anti-Trump news media was hyperventilating over the fact that the Special Counsel was examining a draft letter by the President regarding his reasons for firing James Comey (draft letters have minimal probative value if any, but you know: Trump), it came to light that in May of 2016, Comey had drafted a statement declining to charge Hillary Clinton or her staff in the State Department e-mail scandal, months before key witnesses (like Clinton herself) had been interviewed or much of the evidence had been reviewed. President Trump, of course, tweeted that this proved there was a “rigged process,” but Comey’s draft is no more incriminating that Trump’s draft. (Now, Loretta Lynch’s meeting with Bill Clinton might suggest a rigged process, but that’s another story.)

Supreme Court Justices have drafted opinions before oral argument; that doesn’t mean they can’t change their minds. It is certainly odd that Comey would have drafted a statement that Clinton would not be indicted so long before the investigation was completed. It is odder still that Hillary’s interview was not under oath, that it wasn’t videotaped, that there was no transcript, and that she was allowed to have representing her as an attorney at the session a top aide who was also a potential witness.

Professor Turley, in a column at The Hill, agrees that the early draft doesn’t implicate the integrity of the investigation, but raises a related issue:

While I am inclined to accept assurances from Comey that he did not finally decide on charges until after reviewing all of the evidence, the details from the Clinton investigation hardly support a view of a robust and dogged effort in comparison to the type of investigation of people like Paul Manafort.

In pursuing Manafort, special counsel Robert Mueller has now enlisted an army of investigators, reached a cooperative relationship with staunch Trump critic New York Attorney General Eric Schneiderman, and actively pursued tax and financial dealings far afield of the original Russian collusion allegations. He also ordered a heavy-handed (and unnecessary) “no knock” search in the middle of the night on Manafort’s home.

The Clinton investigation looks like Club Fed in comparison. Clinton and her staff refused to cooperate with State Department investigators seeking confirm any damage to national security. Key laptops were withheld and only turned over after Comey’s staff agreed to destroy the computers after their review, despite the relevance of the evidence to congressional investigations. Comey then cut five immunity deals with key Clinton staff members, including former State Department staffer, Bryan Pagliano, who set up a server in Clinton’s home in Chappaqua, N.Y., and worked for her at the State Department.

Pagliano refused to cooperate after invoking his Fifth Amendment right against self-incrimination and destroyed evidence after being given a preservation order. Those deals raised the concern over a type of prosecutorial planned obsolescence, making a viable case less likely.

The amusing part is that all of this circles back to Comey’s firing, which was justified by his handling of the Clinton investigation regardless of any other factors.

3. The New York Times today reviews a festival play called “___hole.” That’s not really the title, however, although “___hole” was printed twice as the play title before the Times made this clear. A comment by the reviewer noted that the real title couldn’t “get past the editors.” Continue reading →