Open Forum On Zoom Day!

Ugh. I have a Zoom seminar  on legal ethics to give today, which means dry runs, tech checks, and anxiety. I’ve concluded that I detest Zoom programs. You can’t read your audience, and for all I know they are doing crossword puzzles. Managing notes is awkward, graphics don’t look very good, and neither do I.

I  intend to be pantless as my silent protest against the whole fiasco.

Since I have no idea how and when posts will be emanating from 2707 Westminster Place, I’m opening up another Open Forum. As always, keep your commentary on topic (ethics and leadership), civil, witty, and substantive.

Now I’m going to review my notes…

Sunday Ethics Apparitions, 8/16/2020: Triceratops? What Triceratops? What IS A Triceratops?

1. From the Ethics Alarms cultural literacy files. I remember this re- tweet by acclaimed novelist Joyce Carol Oates from 2015; I can’t believe I didn’t post on it then. (Pointer to Ann Althouse for reminding me of it today):

Now,  I would like to believe that Oates was joking (I’m not sure about Tilley), but she is not known for madcap humor. Apparently “Jurassic Park,” Steven Spielberg  and popular culture are beneath her, and she was so focused on literature in school that dinosaurs completely missed her attention. I regard this as being estranged from one’s culture, and I regard that as irresponsible.

2. Question: If Twitter is taking down tweets involving hate speech, why is unequivocal hate like this permitted? Robert Trump, the President’s younger brother, died yesterday. The President wrote,

“It is with heavy heart I share that my wonderful brother, Robert, peacefully passed away tonight. He was not just my brother, he was my best friend. He will be greatly missed, but we will meet again. His memory will live on in my heart forever. Robert, I love you. Rest in peace.”

Yet the hateful, vicious “resistance” couldn’t rise to a moment of bipartisan decency. The hashtag #wrongtrump, is the second highest trending on Twitter, with more than 80,000  tweets last I checked. Among the the ghouls were journalist David Leavitt., ” who tweeted, “What did he promise the devil for the Grim Reaper to take the #wrongtrump ???” (5.7 thousand people “loved” the sentiment), and Bishop Talbert Swan, president of the Springfield, Massachusetts, branch of the NAACP (and a pastor, which will perhaps help illuminate my attitudes toward organized religion), who wrote “Dear Grim Reaper, You took the #wrongtrump.” That one got 10,000 hearts.

These are mean, bad people with dead ethics alarms. Continue reading

No, The Trump Campaign Is Not “Stealing” Neil Young’s Songs

Despite what you may have read, Neil Young is being a jerk.  This month, the singer sued the Trump campaign over its use of “Rockin’ in the Free World” and  “Devil’s Sidewalk,” both of which were played at a Trump  rally in  June. In his suit, the musician accused the campaign of copyright infringement for playing the tracks without a license, and asked for the campaign to be ordered to stop using them, as well as for statutory damages.

It’s a dishonest suit. The real reason for it is also in the complaint, in which he says Young “cannot allow his music to be used as a ‘theme song’ for a divisive, un-American campaign of ignorance and hate.”

Of course, it is the party Young’s sympathies presumably  lie with that have been inflicting hate and ignorance on the U.S., but never mind.

Young was on sounder legal and ethical ground in 2018, when he wrote that he had  no legal recourse to stop Trump from using his music, writing on his website, “Legally, he has the right to, however it goes against my wishes.”

Well too damn bad, Neil. You sold your right to have your wishes obeyed in such matters. You’re just virtue-signaling, and I hope the Trump Campaign counter-sues.

Campaigns purchase the same right to play songs that radio stations, shopping malls  or concert halls do by paying for blanket licensing deals with licensing companies like ASCAP and BMI. They act as agents of artists to sell the public performance rights for millions of songs on their behalf, including Neil Young, in exchange for a fee. Campaigns purchase special licenses , allowing them to use songs at venues around the country.  The licensing organizations’ consent decrees with the Justice Department preserve a fair marketplace by requiring them to offer their catalogs of songs to any “similarly situated” party that wants to use the music. Continue reading

Discrimination Against Asian American Students Is Discrimination Against Asian American Students: Why Is This Even Debatable?

The Trump administration has  fingered  Yale as discriminating against Asian-American and white applicants, just as an Asian-American student group had made the same claim in lawsuits against Harvard, the University of North Carolina at Chapel Hill, and a recently filed case against the University of Texas at Austin. A federal judge ruled in Harvard’s favor last year, but i do not believe the decision will stand up on appeal, since it is dishonest and illogical. The Trump Administration is supporting the plaintiffs as it should…as everyone should.

I wrote about the Harvard decision here.  As you would expect, the analysis differs not at all from the ethics verdict regarding Yale’s discrimination, which is similarly indefensible. Also as you might expect, the “it isn’t what it is” rationalization (#64!) is rampant while the usual suspects try to defend it now, when the Black Lives Matter mob is demanding discrimination in favor of African Americans in all things—hiring, promotions, ring, college admissions, arrests, prosecutions, casting, honors, running for Vice-President—as if that is anything but racism, flat-out.

The New York Times–of course–is and will be embarking on a course of trying to obscure the obvious right and wrongs of the situation, as well as engaging in some ethics  jujitsu to make out the Trump Administration and anyone who thinks that no discrimination on the basis of race means no discrimination on the basis of race  as racist villains.  In this article, for example, the Times attempts or enables several dishonest arguments to discredit what should be self-evident, including… Continue reading

Saturday Ethics Warm-Up, 8/15/2020: Of Cancellations, Retractions, Rants, Lies And Signs

Never mind the small talk; let’s get to it.

1. Hmmm…What’s going on here?  New York officials originally decided to cancel  “‘Tribute in Light,” the  twin beams that shine over lower Manhattan as part of the annual  9/11 commemoration. The National September 11 Memorial & Museum, which oversees the installation, said in a statement this week,”This incredibly difficult decision was reached in consultation with our partners after concluding the health risks during the pandemic were far too great for the large crew required to produce the annual ‘Tribute in Light.'”

The announcement caused widespread puzzlement. How large could the necessary crew have to be? Geraldo Rivera opined on Fox News that the decision was political, as Democrats sought to “make everybody miserable” so President Trump could be blamed. That theory was quickly picked up by others, along with complaints from New Yorkers that the popular memorial celebration was cancelled for no good reason.

Then, today, New York officials made a U-turn. “Honoring our 9/11 heroes is a cherished tradition. The twin towers of light signify hope, resiliency, promise and are a visual representation of #NewYorkTough,” Cuomo said. “The virus has taken so much and so many. But now the tribute will continue.”

2. Now THIS is Trump Derangement! When did it become considered acceptable and professional for news anchors and public events show hosts to behave like this?  MSNBC “Morning Joe” co-host Mika Brzezinski went on an extended, fanciful, hateful anti-Trump rant on yesterday’s broadcast. Here’s a transcript of a supercut video featuring the bulk of Mika’s meltdown: Continue reading

Afternoon Ethics Afterthoughts, 8/14/2020: The Great Stupid, And Other Problems

MAD-ness! MAD-ness!

1. This isn’t stupid, it’s just disturbing. Kevin Clinesmith, a top FBI lawyer who fabricated evidence in the federal  warrant used to spy on the  Trump campaign through Carter Page will plead guilty to federal charges brought by U.S. Attorney John Durham.  His plea will  admit to deliberately fabricating evidence in a Foreign Intelligence Surveillance Act warrant application. 

Clinesmith is the first individual to be charged as part of U.S. Attorney John Durham’s investigation into the efforts  to spy on the Trump campaign and Trump administration. Both Durham and Attorney General William Barr have stated that they had reason to believe the entire investigation of the President, which allegedly began in late July of 2016, was illicit and unjustified.

Expect the news media, in collaboration with Democrats, to bury, spin, deny and otherwise attempt to mitigate the sinister implications of this development, and those to follow. Continue reading

Among All The Smoking Guns Showing The Mainstream Media’s Willingness to Lie Outright To Impugn President Trump, This Might Be The Smokingest

Here’s a sequence from yesterday’s news conference:

Watch it, please. Here’s a summary of what transpires:

Step 1.:  A reporter asks the President about his thoughts on the theory floated by a Constitutional law professor in Newsweek that Kamala Harris shouldn’t be considered a ‘natural born citizen” and thus technically isn’t eligible to be Vice-President or President.

Step 2: The President offers no opinion on it whatsoever, and makes it clear he didn’t read the article (who reads Newsweek?). He says 1) he heard about it 2) it is his understanding that the author is a genuine authority 3) he doesn’t know what the guy actually argued (Trump asks the reporter if the problem is that Harris “wasn’t born” in the U.S.)

Step 3.The reporter quickly summarizes the professor’s point.

Step 4. The President says, first, that he has no idea if the professor’s claims are right, and  concludes by saying he “doesn’t know about it” that he “just heard about it” and will “take  a look.”

And Step 5?

CNN headlines, “Trump promotes another birther lie, this time about Kamala Harris”

Reporter wrote,

” President Donald Trump spent years pushing lies about the birthplace and presidential eligibility of President Barack Obama, the first Black president. On Thursday, he started floating a new birther lie about Sen. Kamala Harris, who, if elected, would be the first Black and Asian American vice president. Trump’s incendiary nonsense about Harris was part of a Thursday self-described “news conference” he largely used to campaign against his Democratic election opponents…”

Three reporters wrote this completely false story, and CNN published it!

Let’s count the lies: Continue reading

From The Ethics Alarms Archives: “Ethics Quiz: The Harley Tragedy”

(This is a different Harley)

The arrival of Spuds, our new dog, was postponed a day. While chatting with his foster owner, she told us that had had decided to to report Spuds’ previous owner for animal cruelty. Good. The woman neglected the dog outrageously, as I wrote about here.

But for some reason, my mind flashed back to this post from 2013, involving a more complex animal cruelty case. It’s an ethics quiz, but I’ll be adding a poll at the end. The comments to the original post were very good.

***

Ethics Quiz: The Harley Tragedy

I’m sure PETA thinks this is fair; I’m not sure that I do.

Tammy Brown,47, a disabled Moon Lake, Florida woman trying to make ends meet on her $508-a-month government check, argued that she was not able to afford veterinary care for Harley, her 14-year-old dog who had a painful ear infection as well as skin problems, periodic tumors, heartworms and ear mites. Because she did not get treatment for Harley, however—the fact that she tried to treat the dog’s problems with over the counter ointments wasn’t enough to mollify the judge— Brown was convicted of felony animal cruelty. She spent more than a month in jail awaiting sentencing, and then received six months of house arrest, 300 hours of community service, three years of probation, and $1,000 in court costs. Circuit Judge William Webb also commanded, “I don’t want you to own any animals. Not even a goldfish!” (Hartley had been euthanized.)

Apparently Harley’s physical condition was shockingly poor, so much so that jurors found photos hard to look at. An Animal Services officer testified that Harley couldn’t stand up without support. The prosecutor wanted Brown imprisoned.

Has society become so animal-sensitive that it has lost its priorities?

Your Ethics Alarms Ethics Quiz

Assuming that Harley’s lack of treatment was due to lack of resources and neglect rather than malice…

Was Tammy Brown’s sentence fair, or was it excessive and cruel?

Continue reading

Now THIS Is The Streisand Syndrome: The Strange Saga Of Professor Bruce Hay

You have to go to the links; I can’t do justice to this story without giggling. Primarily, I want to highlight this epic mess because it’s the best example of the Streisand Effect ever, a situation where an attempt to seek redress for an alleged smear brings more publicity to negative details about the supposed victim far beyond  anything the original conduct could have. To make the fiasco more juicy still, here is a Harvard Law professor revealing himself as an utter fool, and engaging in a frivolous—that is, unethical— attempt to use “sexual harassment” to apply to “you used your feminine whiles to manipulate me, and I fell for it.”

Sexual harassment doesn’t mean that.

The hilariously baroque story involves… Continue reading

Rainy Day Ethics Warm-Up, 8/12/2020: More Ethics Thoughts On Kamala Harris [UPDATED!]

I always thought Glenn Yarbrough was the B version of Gene Pitney, who was better. Did you know that Gene Pitney wrote “Hello, Mary Lou (Goodby Heart)” and “He’s a Rebel”? He’s a singer we don’t usually think of as a songwriter, but like the great Bobby Darin, he was a prolific and a successful one who is in the American Songwriters Hall of Fame. Unlike Darin, however, Pitney didn’t record his own songs, saying in one interview that as odd as it sounds, his best songs were not ideal for his own voice and style.

The melody of “Baby the Rain Must Fall” was the creation of Elmer Bernstein, the acclaimed composer of so many classic film scores, like “The Magnificent Seven” and “The Great Escape.”

And thus endeth the pop culture sermon for the day….

More on the scary-horrible Kamala Harris…

1. Well that didn’t take long! Already the narrative is starting that criticism of Kamala Harris is based on racism and sexism, and not her dreadful personality, sketchy past, and career baggage.  Wholly predictable, and designed to keep the public just getting to know Harris from really learning about her by stifling critics. Journalists, of course, can be counted on to stifle themselves when a Democrat has a problematical record.

2. More spin...Dumped “Meet the Press” host David Gregory actually went on the air this morning to say Harris was “the safe choice.” Biden had no safe choices once he was trapped into naming a check-box candidate.  What Gregory meant, I assume, was that she was the least risky in a slate of horrible options. That is true.

3. “How deep is the ocean? How high is the sky?“…I neglected, in last night’s post, to recall this example of Harris’ hypocrisy, from April 2019, when Harris was widely regarded as a frontrunner for the Presidential nomination:

Sen. Kamala Harris (D-Calif.) said Tuesday that she believes women who say they felt uncomfortable after receiving unwanted touching from former Vice President Joe Biden.

“I believe them and I respect them being able to tell their story and having the courage to do it,” Harris said at a presidential campaign event in Nevada.

 

Then, after Harris’s run for the White House flopped and she began stalking the Vice-Presidency, Harris supported Biden and dismissed the accusations of Tara Reade, though she had savaged Brett Kavanaugh based on Dr. Christine Blasey Ford’s far more dubious accusations. I can’t wait to hear how feminists explain that one.

I wonder: Who has the greater integrity vacuum, Elizabeth Warren or Kamala Harris?

Luckily for Harris, if you are “of color,” you can’t be a  hypocrite, or at least no white critic can point out you’re one. Those are the rules… Continue reading