The Supreme Court ruled today in favor of Jack Phillips, the Christian baker in Colorado who refused to bake a custom wedding cake for a same-sex couple. The Court found that the Colorado Civil Rights Commission infringed on Phillips’s rights in ruling that he violated the Colorado anti-discrimination law barring merchants from refusing service based on race, sex, marital status, or sexual orientation. The ruling is narrow; it does not empower merchants to deny service based on sexual orientation. It is based entirely on the Colorado Civil Rights Commission’s hostility toward Phillips’s religious views in ruling against him.
Observations:
1. Justices Ruth Bader Ginsburg and Sonia Sotomayor were the only dissenting votes, meaning that the decision was 7-2, and not a “conservative vs liberal” outcome. Even the dissent is based on narrow legal and factual distinctions rather than ideological ones.
2. Read the opinion, and the dissent. Also, if you really want to impress your friends, access the resources available here.
3. These statements from Justice Kennedy’s majority opinion, cited by Justice Ginsberg, help clarify matters in the right legal and ethical direction:
“[I]t is a general rule that [religious and philosophical] objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.”
“Colorado law can protect gay persons, just as it can protect other classes of individuals, in acquiring whatever products and services they choose on the same terms and conditions as are offered to other members of the public.”
“[P]urveyors of goods and services who object to gay marriages for moral and religious reasons [may not] put up signs saying ‘no goods or services will be sold if they will be used for gay marriages.’ ”
The ruling could have hardly been less of a ringing endorsement of either “side.”
4. To which I say, “Good.” As I wrote the last time this case was discussed here, Continue reading →
1. In one respect, it is his fault. The most infuriating defenses of the Samantha Bee cunt-fest may be the rationalizations who pronounce her blameless (and thus Turner/TBS) because President Trump made her do it. (Well, maybe the second most infuriating: CNN fake-ethics commentator Brian Stelter actually referred to the episode in a tweet as the “feckless” controversy. You see, Brian, when your field is journalism ethics, you can’t play deceit games like that, because…oh, why do I bother?). To be fair, however, while Bee and the other potty mouthed resistance members and DNC leaders should be held responsible for their own ugly conduct, electing Donald Trump did give a cultural green light to incivility and assholery.
Since nobody else gives me credit and public recognition when I’m right before most of the chattering class (Ethicists Don’t Matter), I have to do it myself. Here is what I wrote in part on September 10, 2015:
We have elected Presidents without experience, who were narcissists, sociopaths or psychopaths, who were not too bright, who were unjustifiably cocky, who spouted policy nonsense, who had only style without substance, who acted tough, who were the product of marketing rather than talent. Some of them turned out to be pretty good; some of them surprised everyone and changed their ways. None of them wrecked the nation. I am confident that even at this difficult time in our nation’s history, reeling from the serial incompetence of the Bush and Obama administrations, the United States could survive a Trump Presidency as a nation.
We could not, however, survive it as a culture.
Placing a man with Trump’s personality and his rejection of the basic features of civilized conduct and discourse to an extent that only the obscenely rich or the resolutely misanthropic can get away with would ensure that American culture would deteriorate into a gross, rude, selfish, assault muck in which no rational human being would want to live…
Even if Trump was a policy whiz, a political magician and a foreign policy master who balanced the budget and restored American’s primacy in the world, it would not be worth what would be lost: dignity, fairness, civility, caring, respect.
1. Why is Alex Rodriguez on the ESPN Sunday Night Baseball broadcasting team? I’m watching the game (Boston at Houston), and I’m wondering, “There weren’t any ex-players who weren’t suspended for a full season for cheating with PED’s (banned performance enhancing drugs)? There aren’t any ex-players who didn’t repeatedly lie to fans and sportswriters, and generally behave like a loathsome creep both on and off the field?”
Rodriguez will be up for membership in the Hall of Fame shortly, and he falls so short of the minimal requirements of the museum’s character clause that if it were a contest between A-Rod and Barry Bonds, Bonds would win in a landslide, and his election would provoke a major protest among living Hall members.
What kind of values does employing Rodriguez convey to kid viewing the game? What does it say about ESPN’s values, or Disney’s, its parent? Why does Major League Baseball allow a sociopath like A-Rod to represent the game on television?
2. And you thought Trump was a raging narcissist…Maureen Dowd has a damning column about Barack Obama that she muffles with equivocation, perhaps out of fear that Times readers can’t handle the truth, just like they can’t handle the results of Presidential elections. Some excerpts…
Shortly after Donald Trump was elected, Rhodes writes in his new book, “The World as It Is,” Obama asked his aides, “What if we were wrong?”But in his next breath, the president made it clear that what he meant was: What if we were wrong in being so right? What if we were too good for these people? “Maybe we pushed too far,” the president continued. “Maybe people just want to fall back into their tribe.”
This from the most tribe-obsessed, intentionally divisive U.S. President in memory.
“Sometimes I wonder whether I was 10 or 20 years too early,” Obama mused to aides. We just weren’t ready for his amazing awesomeness.
Ack. Gag. Obama was a largely incompetent President and ineffectual leader, and yet he accepts no accountability whatsoever. His failures were everyone else’s fault. Yecchh. The man’s character is as offensive as Trump’s, just different.
“I couldn’t shake the feeling that I should have seen it coming,” Rhodes writes about the “darkness” that enveloped him when he saw the electoral map turn red. “Because when you distilled it, stripped out the racism and misogyny, we’d run against Hillary eight years ago with the same message Trump had used: She’s part of a corrupt establishment that can’t be trusted to change.”
Bad time to figure that out.
Ya think? Especially since Obama ‘s administration was corrupt itself, as Hillary’s prominent role in it amply demonstrated.
Obama did not like persuading people to do what they didn’t want to do. And that is the definition of politics. He wanted them simply to do what he had ascertained to be right. President Obama could be deliberative, reticent and cautious to a fault, which spurred an appetite for a more impulsive, visceral, hurly-burly successor.
Translation: Obama was weak, and Americans prefer strong Presidents. He paved the way for Trump. And he doesn’t understand at all, because his courtiers and the suck-up news media would only tell him that he was wonderful…for eight years. Continue reading →
1. The Republicans keep robocalling, and the Democrats...keep emailing. I have protested both. However, right now I am really ticked at the Democrats, whose endless lists I have dutifully asked to be deleted from, then been told that my cyber-door would not be darkened by them again, only to have Tom Perez, Nancy Pelosi and Keith Ellison, plus show up in by in-box the next day. Do they think this direct violation of my privacy along with their own assurances doesn’t reflect on their fitness to govern? If so, they are wrong.
2. Great news! Now you can identify as British for no good reason whatsoever. I love this story: Thomas J Mace-Archer-Mills Esq. and his insight into the British monarchy a regular feature TV during that royal wedding I missed because of a sock drawer crisis. His website lists many media appearances, and one article described him as “the most interviewed man” on the subject of the Wonderful Nuptials.
It has now been revealed that Thomas J Mace-Archer-Mills Esq. is really Tommy Muscatello, a 38-year-old Italian-American who grew up in upstate New York. But he says he identifies more as British than American, so there is that.
Now imagine how well anonymous sources are vetted by crack journalists. [Pointer: Curmy)
3. About that “fever”…An esteemed commenter here proclaimed his exit because of Ethics Alarms’ characterization of the so-called (actually “cleverly-called” is appropriate) “Spygate” scandal (here and here), saying that he would be gone until “the fever” had passed as if questioning the integrity of the Justice Department’s Trump investigation/ “resistance” assistance is obviously a partisan delusion. I almost made that post a Comment of the Day, except that I concluded that denial shouldn’t be mocked. It is, after all, the first of the seven stages of grief, and apparently one which Democrats and progressives are stuck in, while others have progressed at least as far as anger (Stage #3), culminating in episodes like a female comic calling the President’s daughter a “cunt” on television to reactions like this.
Anger, however, only makes one seem overcome with emotion. Denial makes us look blind and gullible. I do not understand the Left suddenly trusting the FBI (Hoover? Felt?) and the Justice Department as if they have always been paragons of virtue. This is pure denial, or, if you prefer, ignorance. If anything, there should be a presumption of politicization in the Justice Department, particularly the Obama version and particularly in light of the post-election conduct of its holdovers like McCabe, Comey and Yates. The FBI, meanwhile, is permanently scarred by Comey’s self-celebration tour, his book, his botching of the Clinton investigation, his dubious testimony before Congress, and his probably illegal leaks of classified information specifically to cause problems for President Trump.
A beloved relative, also in denial, actually tried to tell me last week that the astoundingly suspiciously-timed tarmac meeting between Loretta Lynch and Bill Clinton shouldn’t have raised any alarms. She’s a lawyer. She’s brilliant. She’s sincere. She’s also in denial, Stage 5. That was such a perfect example of the appearance of impropriety that a photo of it should be on Wikipedia under “appearance of impropriety.”) When the leaders of the FBI do things like that in the middle of a Presidential campaign, how can someone of good faith and full cranium argue that it’s irrational to question the act of the same people placing a mole in the Republican candidate’s campaign? This is the pot calling the Corningware black.
Those in denial have their perceptions warped by their own fever, one that causes them to assume, absent any evidence whatsoever, that President Trump must have been working to steal the election. (They also assume he is guilty of other impeachable crimes, they just don’t know which ones.) Hillary lost, you see, and the polls said it was impossible, so he must have cheated. It can’t be that Trump won because he was running against an epically terrible candidate smugly presenting herself as the “third term” of a spectacularly inept and divisive President. It just can’t.Continue reading →
1. Too soon? On June 6, “Active Shooter” will be released. The video game allows players to take part in a simulated school shooting scenario, assuming the role of either the shooter, a SWAT team member, or a student trying to survive. the simulation’s developer is Rival Games, and it be sold on the Steam online store. Naturally, the game is being condemned, and there are even calls to ban it.
I see nothing unethical about the game at all. Depending on how well it is constructed, I can even see some benefits of it. A simulation on-line makes more sense that silly active shooter drills in schools, which only increase student anxiety and create the illusion that such an event is more likely than it is.
Promotion for Active Shooter has a disclaimer stating: “Please do not take any of this seriously. This is only meant to be the simulation and nothing else. If you feel like hurting someone or people around you, please seek help from local psychiatrists or dial 911 (or applicable). Thank you.” This is a CYA message, of course. The company is considering removing the option of playing the shooter; I think this would be wise.
Yes, of course the game is offensive and upsetting to many, especially those whose family members and friends were involved in these tragedies. They definitely shouldn’t buy the game. But let’s take a poll:
2. Pantsgate. In what must be the longest running stupid legal ethics story ever, the District of Columbia Board on Professional Responsibility is recommending a 90-day suspension for former judge Roy Pearson Jr., who sued his dry cleaners for $67 million for allegedly losing his pants in 2005. I wrote about this crazy story on the old Ethics Scoreboard, which is currently off line, but will be back soon, I swear.
Pearson first sought $1,150 as compensation for his lost Hickey-Freeman pants, but when the dry cleaners refused to pay, he escalated his litigation, finally reaching what the board called “the absurd” $67 million claim. The board, like an earlier hearing committee, found that Pearson violated ethics rules barring frivolous claims (Rule 3.1) and serious interference with the administration of justice (Rule 8.4). The board disagreed with the hearing committee’s lenient recommendation of a stayed suspension. Continue reading →
(This post was all set to go up before noon. I just had the last item to finish..and then all hell broke loose here. I’m sorry. Now the meal is cold…)
1. Not whataboutism, but rather whatthehellism…It’s a trap, of course. A blatant racist tweet like Roseanne’s yesterday would get CEO fired, a Cabinet member fired, and I suspect, a tenured professor fired, though equally racist tweets have been survived by profs as long as they denigrated whites. Still, the media’s double standard is palpable, as well as undeniable. Thus I was amused when a sudden surge in visits to a post from last September led me to rediscover this, authored then by Keith Olbermann:
and these…
Can we assume, therefore, since it was recently announced that ESPN, like ABC owned by Disney, is bringing back Olbermann for a prominent role in its sports broadcasting, that the company does want to be associated with his kind of vulgarity, incivility and hate? Continue reading →
Two Fox News stalwarts, chief Fox News anchor Shep Smith and “Judge” Anthony Napolitano (he’s not a judge, not any more) took issue on the air with criticism of “Spygate.” Let’s take the two individually…
“President Trump has also claimed that Feds spied on his campaign with an informant,” Smith concluded. “The President calls it ‘spygate.’ Fox News can confirm it is not. Fox News knows of no evidence to support the president’s claim; Lawmakers from both parties say using an informant to investigate suspected ties to Russia is not spying, it’s part of the normal investigative process.”
Ugh.
Smith is not the least bit sympathetic to Trump, though Fox-bashers like to ignore this when they accuse Fox of being blind shills for the President. He tries to be objective, but slants left like most of his colleagues at other networks. So this is not, as it is being represented to be, a stunning rejection by a media ally of President Trump.
This popular semantical defense of the FBI using a mole in the Trump campaign remains desperate and silly. The FBI recruited an individual to seek out contacts within the Trump campaign and pass along information learned thereby to the agency. An undercover informant is a spy—it’s just that spy is a pejorative term.
“Lawmakers from both parties say using an informant to investigate suspected ties to Russia is not spying, it’s part of the normal investigative process” is a horrible, unethical sentence. First, if some lawmakers from both parties say Trump is a rutabaga, it doesn’t make him a rutabaga—this is naked appeal to authority. Bad Shep.
Second, who is so certain “ties to Russia” is all the “informant” was investigating? Why are they so certain? Because the FBI says so? Continue reading →
My New York Times headline this morning: “Trump Embraces Shadowy Plots, Eroding Trust..Theories from Fringes…Agencies Undermined By Claims of ‘Spygate” and ‘Deep State’
This is no better than, and no less than, actively perpetuating a Big Lie.
I won’t get into the murk of the Deep State for now. However, denying “Spygate” and claiming it is a “fringe” conspiracy theory is flagrantly dishonest, and a low even by the Times’ recent standards. The entire “Obama’s administration didn’t spy on the Trump campaign, like so many examples of political spin and denial, rests on Clintonesque rhetorical deceit” “It depends on what the meaning of spy is.” Really, New York Times? Really, CNN? Really, my furious, Trump-hating, echo-chamber bolstered Facebook friends? Really? That’s your argument?
Pathetic.
Two definitely non-fringe, non-conspiracy theorist, non-Trump flacks clarified this issue for anyone who doesn’t want to be brainwashed by the Times and its chums, who are now especially desperate because they are covering for Obama, whose administration—scandal free, you know!—looks sleezier and more incompetent in the rear view mirror by the day.
So much for those who dismissed charges of Obama administration infiltration of Donald Trump’s campaign as paranoid fantasy. Defenders of the Obama intelligence and law enforcement apparat have had to fall back on the argument that this infiltration was for Trump’s — and the nation’s — own good.
It’s an argument that evidently didn’t occur to Richard Nixon’s defenders when it became clear that Nixon operatives had burglarized and wiretapped the Democratic National Committee’s headquarters in June 1972.
Until 2016, just about everyone agreed that it was a bad thing for government intelligence or law enforcement agencies to spy — er, use informants — on a political campaign, especially one of the opposition party. Liberals were especially suspicious of the FBI and the CIA. Nowadays they say that anyone questioning their good faith is unpatriotic.
The crime at the root of Watergate was an attempt at surveillance of the DNC after George McGovern seemed about to win the Democratic Party’s presidential nomination, just as the government misconduct in Russiagate was an attempt at surveillance of the Republican Party’s national campaign after Trump clinched its nomination.
…Both the Watergate wiretap and the Obama appointees’ investigator/spy infiltration were initially inspired amid fears that the upstart opposition might win. The Watergate burglary was planned when Nixon’s re-election was far from assured. A May 1972 Harris Poll showed him with only 48 percent against McGovern. It was only after the Haiphong harbor bombing and Moscow summit in early June made clear that US involvement in Vietnam was ending that Nixon’s numbers surged — just before the June 17 burglary.
In March 2016, it was conventional wisdom that Trump couldn’t be elected president. But his surprising and persistent strength in the Republican primaries left some doubtful, including the FBI lovebirds who instant messaged their desire for an “insurance policy” against that dreaded eventuality.
Their unease may have owed something to their knowledge of how the Obama Justice Department and FBI had fixed the Hillary Clinton emails case. Clinton wasn’t indicted but was left with a disastrously low 32 percent of voters confident of her honesty and trustworthiness.
There are two obvious differences between Watergate and the Obama administration’s infiltration. The Watergate burglars were arrested in flagrante delicto, and their wiretaps never functioned. And neither the FBI nor the CIA fully cooperated with the post-election cover-up.
That’s quite a contrast with the Obama law enforcement and intelligence appointees’ promotion of Christopher Steele’s Clinton campaign-financed dodgy dossier and feeding the mainstream media’s insatiable hunger for Russia collusion stories.
Has an outgoing administration ever worked to delegitimize and dislodge its successor like this? We hear many complaints, some justified, about Donald Trump’s departure from standard political norms. But the greater and more dangerous departure from norms may be that of the Obama officials seeking to overturn the results of the 2016 election.
Come on…this is all made up! It didn’t happen! It’s a conspiracy theory from the fringes! The New York Times says so!
Here was prominent White House advisor David Plouffe’s tweet in June of 2016:
Nah, that’s a fake tweet, right? Nothing sinister like this was really being discussed in Obama’s scandal-free White House! It all a paranoid conspiracy theory!
Now here is Andrew McCarthy—a conservative, but apparently there are no liberal journalists with any integrity where Trump is involved–in his article, “The Obama Administration’s Hypocritical Pretext for Spying on the Trump Campaign.” McCarthy is hardly Alex Jones. He is a rigorous analyst who was previously assistant U.S. attorney for the Southern District of New York. He led the 1995 terrorism prosecution against Sheikh Omar Abdel Rahman and eleven others ultimately convicted of the 1993 World Trade Center bombing. He knows how to construct a damning case, and wrote in part:
As I argued in my weekend column, it is hard to imagine a more idle question than whether the Obama administration spied on the Trump campaign. Of course it did. If you want to argue the point, imagine what the professors, pundits, and pols would have said had the Bush administration run an informant against three Obama 2008 campaign officials, including the campaign co-chairman; any hair-splitting about whether that technically constituted “spying” would be met by ostracism from polite society.
I wondered how it was that Morgan Freeman, black, progressive, a Barack Obama enthusiast and the owner of a squeaky clean image, was hit with career- and reputation-endangering accusations of “inappropriate conduct” that were on balance far, far less alarming than the borderline or outright criminal offenses claimed by the victims of most of the #MeToo targets. Now we know: Morgan Freeman, then 79 , was interviewed by a young, attractive CNN reporter before the Harvey Weinstein story broke. The actor made creepy, sexually suggestive comments to her, and they bothered her as she continued to consider them during her maternity leave, which began soon after the interview. When she returned, Harvey Weinstein had been exposed, #MeToo was in full swing, and the reporter, Chloe Melas, had a new and unexpected male celebrity to investigate and perhaps take down.
This does not appear to be another example of a vicious abuser whom the Weinstein story allowed to finally meet justice after years of victimizing those who came within his sphere of power. All of the claims against Freeman are garden variety dumb, blundering sexual harassment without malice, almost exclusively by the spoken word. Although the news accounts mention “unwanted touching,” the only description of such touching involves Freeman touching a woman’s skirt and threatening to lift it. There have been no “groping” accusations, at least not yet.
Never mind. The allegations so far have already harmed, probably irreparably, the Academy Award-winning actor’s career. Visa has dropped him as its long-time spokesman. Honors he has received are being reconsidered. More penalties are sure to come.
Freeman issued a clumsy, non-apology apology, saying,
“Anyone who knows me or has worked with me knows I am not someone who would intentionally offend or knowingly make anyone feel uneasy. I apologize to anyone who felt uncomfortable or disrespected — that was never my intent.”
It’s a poor apology, but I believe him. He never intended to make anyone uncomfortable, and it didn’t occur to him that any woman would make a big deal out of being—from his perspective—flirted with, even naughtily, by a very old man and iconic movie star. In this, he falls not in the ugly Cosby, Harvey, Kevin, Matt and Charlie category but into the sadder George H.W. Bush class, which I will call “The Dirty Old Men Division.” Continue reading →
1. Let’s start with some non-traditional casting hypocrisy.
Example A: In “The Gentleman Caller,” an Off-Broadway drama by Phillip Dawkins, an imagined romantic interlude between famously gay Fifties playwrights Tennessee Williams and William Inge has been cast with a Hispanic, and Hispanic-looking, actor as the very un-Hispanic Williams, and an Asian-American actor as the quite Caucasian Inge. This is self-indulgent grandstanding by the director that doesn’t serve the play—that’s the director’s duty, to serve the play—and the playwright was a fool to allow it. If the drama was just about two gay playwrights, it wouldn’t matter who was cast to portray them, or what the actors looked like. The identity of the writers is important to this drama, however. You don’t cast a short, bald man as Abraham Lincoln, and you don’t cast a fat, flat-chested woman as Marilyn Monroe unless you are actively trying to sabotage the play. The New York Times critic didn’t have the integrity to point out the reverse-whitewashing casting-–mustn’t criticize fellow social justice warriors, you know!—but the stunt is both incompetent and discriminatory.
If a director cast an Irish-American and an Italian-American as James Baldwin and Richard Wright in a similar play, he would be excoriated, and rightly so.
Example B. Jim Parsons, best known as aging nerd Sheldon in “Big Bang Theory” and now starring on Broadway in the ensemble revival of “The Boys in the Band,” told the New York Times in an interview that the producer insisted that everyone in the cast be gay. Nice. Gay actors have been insisting forever that their sexuality was no bar to their playing straight characters—this is true, if they are any good as actors—but apparently reverse discrimination is fine. It’s not fine. It’s bigotry.
When my late, lamented theater company revived that play almost 20 years ago, the director, John Moran, himself gay, insisted that the sexual orientation of the actors who auditioned would play no part in his casting decisions, and it did not. I think most of the all-male cast was not gay, but all of them were (and are) excellent.
One of my favorite Clarence Darrow quotes is, “I’m for the underdog. He needs friends a damn sight more than the other fellow. The best fun in life is to fight for the underdog…If the underdog got on top he would probably be just as rotten as the upper dog, but in the meantime I am for him.”
Things that don’t mix:Anti-discrimination rhetoric and discrimination
2. Another “good illegal immigrant” story. Guatemalan woman Gomez Gonzalez was shot to death in a border incident as she tried to enter the U.S. illegally. The episode is under investigation, and the facts are murky: the border patrol claims that she was in a crowd of people trying to cross the border illegally that became threatening and violent. Here is how CNN begins its account of the controversy:
“Claudia Patricia Gomez Gonzalez traveled 1,500 miles to the United States, hoping to find a job and a better future. Shortly after she set foot in Texas, a Border Patrol agent shot and killed her.”
No bias there! It is absolutely irrelevant to the legal and ethical issues here why Gonzalez was entering the country illegally. She did not deserve to be shot under any circumstances, and she was no more justified in violating our immigration laws whether her objective was to find a “better future” or to open a meth lab. The news media insists on sentimentalizing what is a black and white issue of sovereignty, law-breaking and enforcement, with the intent of confusing the public and demonizing opponents of illegal immigration.
Things that don’t mix: Lawbreaking and status as a virtuous martyr
Ethics Alarms 