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 →
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.”
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 →
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 Clintonmight 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 →
In 2011, Cooper Tire & Rubber Co. had locked out union workers. After the company later settled a contract dispute, they all returned to work except for Anthony Runion, who had been fired. Runion had shouted at a van carrying replacement workers onto the company’s grounds: “Hey, did you bring enough KFC for everybody?” and “Hey, anybody smell that? I smell fried chicken and watermelon,” the opinion noted, adding that most of the replacement workers were black.
In the 2-1 ruling for the fired worker, Judge William Duane Benton cited the law protecting unions, strikers and pickets, 29 U.S.C. § 157. Section 7 of the Act guarantees employees the right to “assist labor organizations . . . and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Section 7
gives locked-out employees the right to picket. Section 8(a) prohibits an employer from interfering with, restraining, coercing, or discriminating against employees in the exercise of their Section 7 rights.
How would firing a worker for uttering undeniable racially hostile verbiage in the process of striking? Benton writes, citing various cases in the line of labor decisions:
“One of the necessary conditions of picketing is a confrontation in some form between union members and employees.” Chicago Typographical Union No. 16, 151 NLRB 1666, 1668 (1965), citing NLRB v. United Furniture Workers of Am., 337 F.2d 936, 940 (2d Cir. 1964). “Impulsive behavior on the picket line is to be expected especially when directed against nonstriking employees or strike breakers.” Allied Indus. Workers No. 289 v. NLRB, 476 F.2d 868, 879 (D.C. Cir. 1973) (internal citation omitted). This court analyzes picket-line conduct under the Clear Pine Mouldings test: a firing for picket-line misconduct is an unfair labor practice unless the alleged misconduct “may reasonably tend to coerce or intimidate employees in the exercise of rights protected under the Act.” NMC Finishing v. NLRB, 101 F.3d 528, 531 (8th Cir. 1996), citing Clear Pine Mouldings, Inc., 268 NLRB 1044, 1046 (1984), enf’d, 765 F.2d 148 (9th Cir. 1985). The test is objective.
Wait: racially prejudiced rhetoric is “impulsive behavior”? Not by non-racists, its isn’t. Non-racists don’t suddenly start talking like racists on impulse. Anthony Runion unmasked himself as a racist by his behavior on the picket line. It may not have been “picket line misconduct,” but it was certainly unacceptable workplace and employee conduct, with a strong indication of more to come. Benton wrote that there was no evidence the black “scabs” heard Runion’s racist words, though dozens of others nearby did, and that the comments were not directed at any individual. Wait again: is the judge arguing that using racial epithets in the workplace isn’t a firing offense as long as the offender can say, “I didn’t mean you” ?
The lone dissenting judge, Judge C. Arlen Beam dissents by stating the obvious: Continue reading →
During Mexico’s matches at the Gold Cup, the regional championship soccer tournament being played across the United States this month, Mexican fans have been chanting the word “puto,” typically a slur used in Mexico to mock gay men. The chant has become routine at Mexican national team soccer matches, and officials and many fans are embarrassed by the vulgarity and homophobic innuendo. Soccer officials of the Fédération Internationale de Football Association (FIFA) have warned and fined Mexico eight times already, but the chant survives. Gold Cup Tournament organizers asked players to read a pledge urging fans to set a civil a example for children. Security officials were authorized to eject fans who shouted it. They even installed a technical device to block the chant from being audible in TV broadcasts.
Never mind. Fans are still bellowing the anti-gay slur at opposing teams and players, maybe more enthusiastically than ever. What’s a soccer federation to so?
For the Confederations Cup in Russia last month, the FIFA tried to get tough and announced a three-step program to discourage the chant. The first response to “Puuuuut000o!” was a public address announcement at the stadium, warning fans to stop or else. If the chant continues, which it will and did, the referees can stop the match until the chants subside. That won’t work either. I know fans. They will think that letting the game start and then having to be halted again because of what someone yells is hilarious. Finally, if all else failed, the referee can go nuclear and stop the match completely, sending everyone home. Continue reading →
Uber is being investigated by two law firms hired to make assessments regarding the corporate practices and culture at the ride-sharing giant, determine what created the toxic environment that led to sexism, sexual harassment, other unethical management conduct, and recommend remedial measures. Usually in such situations, the problem stems from unethical leadership. Guess what? Uber’s unethical conduct stems from not merely unethical leadership, but a leader with ethics alarms that have rotted into dust and rust.
The two law firms recently uncovered a 2013 e-mail sent to Uber’s staff by CEO Travis Kalanick before a company outing in Miami. Internally referred to as the “Miami letter,” this thing screams “What was he thinking?”, “Where were the lawyers?” and “This guy might get elected President of the United States!”
[I have been pondering doing this for some time now. Literally every day there are issues and stories that arise that are either too minor for a full post, or crowded out by other issues. Often I never get to them. Also my various issue scouts (especially Fred) have been burying me with excellent candidates for discussion and analysis, and I never get to most of them, frustrating all of us. So I am going to see if I can begin every day with a set of short notes about these topics, reserving the right to expand some of them into full posts later.]
1. Stacy Lockett, a teacher at Anthony Aguirre Junior High, has been firedafter she gave out facetious awards to students such as “Most likely to become a terrorist” and “Most likely to blend in with white people.” Good, I think. These are too sensitive issues to expect middle-schoolers to laugh at, and the ‘awards” show terrible judgment. Still, I am thinking back to comments made in class by some of my favorite 7th and 8th grade teachers, some targeting me. I thought they were funny, and the teachers knew I would think so. All of them would have been fired today, according to the Lockett Standard (Pointer from Fred)
2. By not disciplining Reza Aslan, the host of its “Believer” program who called President Trump a “piece of shit,” “an embarrassment to humankind” and a “man-baby” CNN has made it clear that it has abandoned any vestiges of professionalism or regard for journalism ethics. Well, perhaps “even more clear” is more accurate. CNN allowed Carol Costello to gleefully mock Bristol Palin for getting emotional over being battered; it has allowed Don Lemon to get smashed on the air two New Year’s Eves in a row, and shrugged off Anderson Cooper speculating about the President taking “a dump on his desk,” to give just three examples. Its excuse for Aslan was especially weird, claiming in a statement that he was a host but not an employee. Aslan apologized, but it was a dishonest apology, claiming that the tweets were impulsive and “not like me,” but in another tweet on May 9, he wrote,
“Oh the joy when this lying conniving scumbag narcissistic sociopath piece of shit fake president finally gets what’s coming to him.”
It’s sad to see what CNN has become since Trump’s election. I am embarrassed for the network. but more than that, I am in sorrow for the public. It is not being served by this kind of amateurish, biased and unprofessional journalism.
3. I finally decided that this law suit was too stupid to write about: a ridiculous woman named Holly O’Reilly has found some lawyers—not just any lawyers, either, but the First Amendment Institute at Columbia University—-willing to file a lawsuit claiming that President Trump cannot block her on his Twitter account because doing so is a First Amendment violation of her rights of free speech. The institute’s executive director, Jameel Jaffer, said in a statement that Mr. Trump did not have a right to exclude his critics from engaging with his posts. Does anyone think this is anything but nonsense? Anyone but the New York Times, that is, which wrote, ” The request raises novel legal issues stemming from Mr. Trump’s use of his Twitter account, @realDonaldTrump, to make statements about public policy,” and the Washington Post, which published the woman’s silly op-ed .
When did “novel” come to mean “absurd”? The President blocking a Twitter user on the social media platform isn’t “government action” any more than not taking her phone calls or not reading her letters. She can still say anything she wants on Twitter. Next she’ll sue because she isn’t allowed to ask question at White House press briefings. Columbia University should be embarrassed, but when the anti-Trump hate virus melts your brain, embarrassment is often the first casualty. Continue reading →
They are ignorant and have embarrassed themselves. The organization doesn’t even understand what its members have been allegedly fighting to protect and preserve.
VFW National Commander Brian Duffy issued a statement that “The Veterans of Foreign Wars of the U.S. strongly condemns comedian Kathy Griffin’s incredibly revolting attack on the President of the United States . . . . What she did was not humorous nor should it be protected speech or expression. Playing to an audience with a severed head is what our enemies do. The USO should end its relationship with her.”
Actually, playing to an audience with a severed head is what Shakespearean companies performing “MacBeth” have done on stages, professional, college and amateur, in the U.S. and elsewhere for hundreds of years, you ignoramus.
This is another reason why the Left’s claims that “hate speech” shouldn’t be protected are so dangerous to our society: too many citizens of all political persuasions don’t understand what free speech is, and are too ignorant to know how to counter this threat to democracy
Let’s see: Griffin, her lawyer, the President and his punching-down tweet; Rosie O’Donnell, who announced that she had no sympathy for 11-year-old Barron Trump seeing photos of someone apparently holding up his father’s head, the mainstream media hypocrites who told audiences that Griffin’s “eliminationist rhetoric” wasn’t news or worth discussing, though a far less threatening image dominated their conversations for weeks when they tried to tie Sarah Palin’s metaphorical cross-hairs on a political race map to the madman who shot Rep. Giffords…I was wondering which organization would be the first on the Right to claim that what Griffin did warranted criminal punishment. The VFW would have been a good bet.
But wait! There’s more!... and I should have seen this one coming too. Progressive favorite Alec Baldwin, a habitual boor and Ethics Dunce, weighed- in in support of Griffin and her severed Trump head as only he can, tweeting,
“Dear Kathy Griffin, Kathy….baby…I’ve been there. The whole Henry Hyde thing [with] Conan, where we bring out an oxygen mask at the end? a joke. That’s what I thought. That’s what we intended. No one walked out of the studio and said, “No! We’re serious!” No one. But all your gutless, weasels in the GOP insisted that I actually threatened Hyde. They played the victim beautifully. Kathy…fuck them. Fuck them all. No 1 believes u meant 2 threaten Trump.Trump is such a senile idiot, all he has is Twitter fights. ignore him. Like the leaders of all the other countries in the world. Ignore him.”
Honestly, I do not understand how anyone can laugh at Baldwin knowing the anger, bitterness and nastiness that ooze out of every pore; it’s like finding Bill Cosby or Woody Allen funny. Yet that this guy passes for a wit, political pundit and truthteller by Hollywood progressive standards.
I guess no good deed really does go unpunished: I stand up for the vile and hateful comedian’s legitimate use of “nigger” in a witticism on live TV, and the former host of “Politically Incorrect” caves to political correctness, which he has sworn repeatedly that he will never do.
“Well, you know, I’ve been through this so many times. There’s a lot of people in America who have, of course, nothing to do except look for something to get mad at. And I’ve been a frequent target and I’m happy to provide that service. So, you know, I always say, as I’ve said many times in these kind of situations, if I hurt somebody’s feelings, I’m always sorry about that, I’m not trying to hurt somebody’s feelings. But if you want me to say I’m sorry what I said was wrong, no, sorry, I can’t go there.”
I guess what he meant is that he can’t go there when he’s only using vile language to denigrate conservative women who feminists and NOW don’t regard as worthy of their alleged principles, in attacks that make his ideologically sympatico crowd secretly snicker and chuckle because those twats deserve it.
This time, however, he offended the all-powerful race grievance lobby by calling himself—himself!— a “house nigger,” in a “Gone With The Wind” reference prompted by a Republican Senator asking him if he’d do field work. Lacking the integrity and fierce belief in the Jester’s Privilege that he has proclaimed before when it wasn’t progressives carrying the torches and pitchforks, Maher capitulated like Galileo, even though in this case, he had been neither vicious nor insulting, just “offensive” to those who want to ban words—you know: liberals.
When Bill Maher participated in the lowering of civil political discourse and the escalation of hate and ad hominem rhetoric in the culture by calling female Republican figures “cunts” and “twats’ as his leftist studio audience squealed with delight, there was no significant objections from NOW or other feminsits entranced by his anti-conservative fervor, nor were mainstream media liberals in the pundit ranks overwhelmingly indignant. After all, Sarah Palin and Michelle Bachmann didn’t deserve civility, and besides, it was just a joke! Maher’s pass on breaching basic rules of decorum in public speech greased the slippery slope that led us to “cockholster” and beheaded Presidents today. In addition, the double standard was established that vulgar and gross gutter language was acceptable when aimed at conservatives, but only conservatives. Is there any question whether Maher would still be leaving his slime trails at HBO if he had called Hillary Clinton, Diane Fienstein, or Michelle Obama a cunt?
Nevertheless, the principle at issue is that we all have an ethical duty to extend basic human respect to our fellow dwellers on this planet, or civilization rots and falls apart in chunks. Indeed, this is the duty too many progressives and Democrats have been breaching in their treatment of the President of the united States for the past six months. Entertainers and comedians get some special dispensations, but they need to be sternly rebuked when they abuse the privilege by using it to express hatred and to spread intolerance. We do not ban words in the United States. We do reserve the right to regulate conduct in the interests of out democratic and pluralistic ideals, often by expressing vocal disapproval.
Which brings us back to Bill Maher. On Friday’s edition of Maher’s “Real Time,” Maher was verbally fencing with Republican Nebraska Republican Senator Ben Sasse. At one point—the context doesn’t matter—Sasse facetiously invited the host to “work in the fields.”
“Senator, I’m a house nigger!” Maher said , quickly adding, in response to some audible gasps, “It’s a joke.” Continue reading →
Ethics Alarms 
