Morning Ethics Warm-Up, 2021: To Boldly Go…

Shatner in space

1. William Shatner didn’t die. It doesn’t matter. People really don’t get moral luck, do they? Of course, only a tiny percentage of the public reads Ethics Alarms. 90-year-old William Shatner flew into space yesterday aboard a ship built by Jeff Bezos’ Blue Origin company. The former “James T. Kirk” and three fellow passengers boldly went to an altitude of 66.5 miles over the West Texas desert in the fully automated capsule, then safely parachuted back to Earth. The flight lasted just over 10 minutes. I had previously and correctly pointed out that Bezos had violated basic Kantian ethics, the Categorical Imperative, by exploiting Shatner and placing the old egomaniac at risk in order to promote Blue Origin. “But Shatner consented!” Bezos apologists kept telling me. So if someone consents to being used as a means to an end, that makes using a human being as a means to an end ethical?

Well, sometimes—Kant was an absolutist, and there are no absolutes. However, Shatner’s exploitation doesn’t qualify as an exception. What if the stress of the flight had killed him? Then many would be questioning Bezos’s motives, but the ethical problem is the same whether Shatner survived or not. That the flight didn’t end up looking like an elaborate grand suicide for an iconic actor who knew his time had almost run out anyway was pure moral luck.

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Is The George Floyd Freakout Finally Waning?

Oh, probably not, but there are some hopeful signs.

After the death by ambiguous causes of an African American petty hood resisting arrest at the hands, well, the knee, of a habitually brutal cop who should have been kicked off the force long before, absent any evidence whatsoever that the death was intentional or that it was motivated by race, police officers across the nation have been vilified, fired, prosecuted and generally abused virtually every time an African-American, and sometimes even a white citizen, died or was wounded in a police-involved shooting. This insanity, hysteria, freakout, deliberate exploitation, what ever you choose to call it, resulted in law enforcement around the nation being weakened, black communities being made more vulnerable to crime, a mass exodus of police officers, and an unprecedented spike in murders nation-wide. There were other horrible effects too, like the sudden acceptance of anti-white racism and discrimination as “restorative justice,” and the ascent of Kamala Harris to the office of Vice-President, but this is just an introduction.

Last week, however, two decisions in police-involved deaths showed that sanity might be creeping back.

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Thank God It’s The Friday Ethics Warm-Up For The Weekend, 10/8/2021, Dedicated To Mrs. O’Leary’s Cow

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Mrs. O’Leary’s cow may be the most unethically maligned animal in U.S. history. On October 8, 1871, something caused flames to spark in the Chicago barn of Patrick and Catherine O’Leary. The resulting two-day conflagration killed 200-300 people, destroyed 17,450 buildings, left 100,000 homeless and caused about $4 billion of damage in today’s dollars. While the fire was still raging, The Chicago Evening Journal reported that it all started “on the corner of DeKoven and Twelfth Streets, at about 9 o’clock on Sunday evening, being caused by a cow kicking over a lamp in a stable in which a woman was milking.” Then a verse to a popular song was added; pretty soon it was the only verse anyone remembered:

Late one night, when we were all in bed,
Mrs. O’Leary lit a lantern in the shed.
Her cow kicked it over,
Then winked her eye and said,
‘There’ll be a hot time in the old town tonight!’

There was never any convincing evidence that a cow started the blaze. The O’Learys had five cows, and they didn’t have names. It’s not even a sure thing that the fire started in the barn, but Mrs. O’Leary was a Catholic woman and an Irish immigrant, and Chicagoans were eager to have a scapegoat, or rather scapecow. One prominent historian who has studied the inquest transcripts believes that the true culprit was an O’Leary neighbor named Daniel ‘Pegleg’ Sullivan, who hobbled into the O’Leary barn to smoke a pipe, which then fell into a pile of wood shavings and subsequently started the fire. Nonetheless, Catherine O’Leary was ostracized, and became a recluse. In 1997, the Chicago City Council officially exonerated Mrs. O’Leary and her cow, which did just about as much good for Mrs. O’Leary as for the cow.

1. A new book shows that I have not lived in vain! Yesterday, a line from a depressing movie called “Kodachrome” sent me into one of my funks. During one of the many arguments between a dying artist and his middle aged son who hates him, the father (Ed Harris) sneers that he may have been a neglectful father, but at least he would leave something of importance when he died, unlike his son, a failed rock band recruiter for a record label. By purest luck, today I received a complimentary copy of “Reginald Rose and the Journey of 12 Angry Men,” a fascinating and thoroughly researched account of how the TV screenplay and the film came to be the iconic works they are. Author Phil Rosenweig also tells the weird story of how Rose lost control of the stage version of his work, and how for years the only script one could legally perform was a hack adaptation of the movie by a writer who didn’t understand it. Well, I’m part of that weird story, as is my old theater company, “The American Century Theater,” which became the first professional theater in the U.S. to present the screenplay on stage. Many were involved in the success of that production, including my wife,Grace, who produced the script by meticulously typing the screenplay from a recording of the movie (this was before the internet), and NPR critic Bob Mondello, who traveled by bus, in the rain, to a converted school auditorium to see the production, which he gave a sensational and much circulated review. There were many twists and turns after that, but eventually Rose’s version of “12 Angry Men” became the play most theaters produce. He got the respect he deserved, the endurance of the play, which is a genuine classic (I directed it four times) is assured, and yes, I was part of the reason why. Rosenweig, who interviewed me, accurately relates my role in the off-stage drama. You can find the book on Amazon, and here.

Now I can die in peace.

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Facial Recognition Software Isn’t Unethical, And Neither Is Clearview

New technology that is called “unethical” because of how it might be used unethically in the future, or by some malign agent, illustrates an abuse of ethics or, more likely, a basic misunderstanding of what ethics is. Technology, with rare exceptions, is neither ethical not unethical. Trying to abort a newly gestated idea in its metaphorical womb because of worst case scenarios is a trend that would have murdered many important discoveries and inventions.

The latest example of this tendency is facial recognition technology. In a report by Kashmir Hill, we learn that Clearview AI, an ambitious company in the field, scraped social media, employment sites, YouTube, Venmo—all public—to create a database with three billion images of people, along with links to the webpages from which the photos had come. This dwarfed the databases of other facial recognition products, creating a boon for law enforcement. The report begins with the story of how a child sexual abuser was caught because he had inadvertently photo-bombed an innocent shot that had been posted on Instagram.

This episode resulted in wider publicity for Clearview, which had attempted to soft-pedal its database and methods because it was afraid of the typical “unethical” uproar.

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Morning Ethics Catch-Up, 10/7/2021: Idiots, Crooks, Crazies…And Judges

Ketchup

I have at least 57 posts languishing…

1 Now this is “shouting ‘Fire!’ in a crowed theater!” Christopher Perez, 40, is heading to prison for falsely telling his social media followers that in 2020 he had paid someone infected with the Wuhan virus to lick food products at multiple grocery stores in Texas. His motive was to “scare people away from visiting the stores,” the Justice Department said in a news release.

The FBI launched an investigation that ultimately determined the claims were a hoax; Perez did not pay anyone, and nobody licked any groceries at his behest. A jury found him guilty of violating a federal law that criminalizes false information and hoaxes related to biological weapons. He was sentenced this week to 15 months in prison and was ordered to pay a $1,000 fine. His defense lawyers argue that the sentence is too harsh. Perez shook and trembled and wept in court, shouting, “I am not a terrorist!”

No, you’re an idiot, but you behaved like a terrorist, and under the law, that makes you a terrorist. The sentence is completely appropriate.

2. And while we are on the topic of criminals…We might be turning the ethical corner on looted antiquities from other lands. Nancy Weiner, the owner of a prominent Manhattan noted for its expertise in ancient Asian artifacts, pleaded guilty to charges of conspiracy and possession of stolen property in connection with the trafficking of looted treasures from India and Southeast Asia. She sold items to major museums in Australia and Singapore, and others were auctioned off by Christie’s and Sotheby’s. The items ranged in value from $100,000 to $1.5 million, and they were stolen. But Weiner had created fake documents stating that they had all been purchased from private collections. Her rationalization: it was standard practice. “Everybody Does It.” “For decades I conducted business in a market where buying and selling antiquities with vague or even no provenance was the norm,” she said during her appearance in Manhattan Supreme Court. “Obfuscation and silence were accepted responses to questions concerning the source from which an object had been obtained. In short, it was a conspiracy of the willing.” Right. That doesn’t mean you had to join in, but we understand: $$$$$$.

The Times quotes Clinton Howell, a New York-based antiques dealer and president of the Art and Antique Dealers League of America, as stating that the tactics used by Wiener and others in past years “are not pardonable,” but that “the dealer of today is not the dealer of 40 years ago — there’s a very different attitude now.” We shall see. Most professions with unethical cultures just devise new ways to accomplish the same ends.

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Communication Ethics: The American Bar Association’s Impossible Formal Ethics Opinion 500

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The duty of communication is both a fiduciary duty and, for lawyers, a professional one. American Bar Association Model Rule 1.4, one rule that every jurisdiction has adopted nearly verbatim, holds that

(a) A lawyer shall:

(1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(e), is required by these Rules;

(2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished;

(3) keep the client reasonably informed about the status of the matter;

(4) promptly comply with reasonable requests for information; and

(5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

The last part is, much of the time, a fictional standard. I have been hammering at this in my recent ethics seminars, much to attendees alarm: clients often, perhaps even most of the time, don’t comprehend what’s going on on many levels.

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Comment Of The Day: “The Facebook Whistleblower Thinks That The U.S. Needs More Censorship”

Little introduction is needed for this typically well-reasoned and clearly expressed Comment of the Day on the post, “The Facebook “Whistleblower” Thinks That The U.S. Needs More Censorship” by Extradimensional Cephalopod, except “Here you go…”

***

“So… it seems the Progressives have decided that Facebook needs to do something, and they’re basing everything on that. They’re not looking at all their options.

“The problem as they have described it is, “kids on social media are exposed to information which harms their mental well-being,” but they are only looking at options that involve putting rules and responsibilities on the social media companies.

“What’s wrong with this picture? Well, it ignores the responsibilities of the parent, the child, and the people who put harmful content on the internet in the first place. It ignores the question of how we can fill social media with edifying content instead (because that content is out there–there’s people on Instagram trying to help with body image problems), and the question of how the parent and child can work together to find that content (or just build a life outside of social media) while rejecting harmful content.

“The fundamental liability involved here is stagnation: known motivational limits. People build habits and addictions to things on the internet, because the internet is a source of instant gratification. This phenomenon is a manifestation of decadence: underregulated stagnation.

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The Facebook “Whistleblower” Thinks That The U.S. Needs More Censorship

I have to admit, Frances Haugen has played this beautifully. Like many so-called whistleblowers (not all), she picked an ideal moment to betray her previous employer, in this case Facebook, leak proprietary documents, turn herself into an instant media star, guarantee books deals, speaking tours and TV stardom, and be praised to the skies by gullible, grandstanding and cynical politicians.

“I’m here today because I believe Facebook’s products harm children, stoke division and weaken our democracy,” the former Facebook product manager said before a Senate subcommittee on Tuesday. Perfect. I wonder if her media advisor helped her draft it.

Here is all you need to know about Haugan: According to her own website, Haugen was a member of Facebook’s internal  Civic Integrity team in 2020. That means she was part of the team that made the decision to ban the Hunter Biden laptop story by the New York Post from Facebook in October 2020. Facebook, and its evil twin Twitter, refused to allow circulation of the story, accepting without evidence the defensive Democratic talking point that the laptop was a plant was tied to Russian intelligence. Those claims were disinformation, we now know, and the laptop really did belong to Hunter Biden. Facebook’s partisan embargo on the truth might have determined the election. Is blocking a story that might defeat Joe Biden what the whistleblower considers avoiding division and protecting democracy?

It’s a rebuttable presumption. I don’t trust Haugan, her motives, or her message.

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Week-Launching Ethics Warm-Up, 10/4/2021: A Happy Ending To A Pit Bull Saga, A Congressional Leader Makes My Head Explode, And More [Updated]

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Singer Janis Joplin died of a heroin overdose on October 4, 1970. The anniversary prompts me to make an unkind observation that I was tempted to make after reading all of the tributes and expansive rhetoric praising “The Wire” actor Michael K. Williams after he died of an overdose of fentanyl and heroin on September 6. For at least a hundred years, anyone who takes heroin does so knowing that it is addictive and frequently fatal. My attitude toward Joplin, Williams, John Belushi, Phillip Seymour Hoffman, Billy Holliday, and many other artists who have killed themselves this way involves more anger than sympathy. The world was robbed of their gifts because they were reckless. In the case of black artists, they endanger their admirers by creating a romantic aura for what is, in the final analysis, stupid and irresponsible conduct. How hard can it be not to start using an addictive substance that you know might kill you? The fact that the drug is illegal should be a big clue.

1. And speaking of the joys of recreational drugs...In a new study published in Psychological Medicine, researchers in the University of Birmingham’s Institute for Mental Health and the Institute of Applied Health Research found a strong link between “general practice recorded cannabis use” and mental ill health. Senior author Dr. Clara Humpston said: “Cannabis is often considered to be one of the ‘safer’ drugs and has also shown promise in medical therapies, leading to calls for it be legalized globally. Although we are unable to establish a direct causal relationship, our findings suggest we should continue to exercise caution since the notion of cannabis being a safe drug may well be mistaken.”

Continue to exercise caution? Who’s exercising caution? Popular culture and upper-middle class whites have been issuing pro-pot propaganda for half a century, while mocking government efforts to discourage widespread use and acceptance of another destructive recreational drug. Now nearly every state is on a path to legalize it, especially because they smell tax revenue.

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The O.J. Simpson Ethics Train Wreck Rolled Out Of The Station On This Date In 1995

Simpsons verdict

O.J. was guilty: to begin with. There is no doubt whatever about that. Evoking the certitude of the beginning lines of “A Christmas Carol” is appropriate, for just as Marley’s true status as “dead as a door-nail” is crucial to what befalls Scrooge, O.J.’s guilt is essential to understanding how this awful, episode in American history damaged the nation and the culture generally, and race relations particularly. Looking back, it is clear that all that has followed oozed from this catalyst: a sociopathic celebrity athlete who could not accept that his wife was moving on from the abusive relationship he inflicted on her, so he brutally slayed her and a male friend he didn’t know. Then, because he was rich, he bought the best legal defense team any murder has ever had, and they brilliant exploited racial distrust in Los Angeles and the U.S. to win an acquittal, with no more concern for the long-term damage they were doing than they had qualms about allowing a double murderer to escape justice.

At the end of an ugly trial filled with incompetence and ethics violations, Simpson was acquitted of the brutal 1994 double murder of his estranged wife, Nicole Brown Simpson, and her friend, Ronald Goldman. Simpson’s lawyers convinced a jury that Simpson’s guilt had not been proved “beyond a reasonable doubt,” though it had been; the problem was that it had not been proved beyond an emotional doubt, which as the all-star defense team well-knew, can be more important. The scenes of black Americans rejoicing because a black man was getting away with a brutal murder of two whites expressed a level of racial hatred that most white Americans didn’t suspect existed. It also should have been an epic teaching moment about the power of confirmation bias. Blacks really believed, surveys showed, that O.J was innocent. It was an early sighting of the “Facts Don’t Matter” contagion that has fueled the Black Lives Matter, “1619” Project and critical race theory wounds inflicted on U.S. society in recent years.

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