Saturday Morning Ethics Warm-Up, 2/27/2021: Confusion And Irony

“Doomscrolling” is a relatively new term to describe the habit of constantly checking one’s smartphone for bad news. Jeffrey Hall, professor of communication studies at the University of Kansas in Lawrence, has spent over 10 years studying technology use in conjunction with relationships. He says that the mass media is intentionally triggering the habit:

“People tend to have what’s called negativity bias when it comes to information. From an evolutionary perspective, it’s related to the idea that we needed to be more alert to threats. If things are not particularly surprising, we can reside in a very low energy state, but as soon as we see something that’s potentially threatening or worrisome, it piques our attention. The algorithms are picking up on what we engage in, and our attentive processes tend to focus on the more negative information….”

The professor recommends filtering social media as a remedy:

“You can also take active steps to recognize if there are people who are a part of your social network that seem to be fueling your sense of doom and gloom. You may want to consider unsubscribing or muting them. People are very loath to actually unfriend or stop following a person altogether. However, there are ways to not get that content. Oftentimes we’re very upset about content we see, but we don’t do anything to change what we see.”

I dunno, professor! The people on Facebook seem to revel in shared, if imaginary, gloom and doom. Most of them “muted” me when I pointed out that the false narratives about the President being some kind of a traitorous Nazi racist monster trying to end American democracy were media-driven, partisan scams. That should have been good news, and it happened to be true. Instead, my Facebook friends crawled back into their comforting imaginary crisis bubble and, from what I can see, virtually no one there reads any EA posts that I put up. Trump Derangement was (in fact, is) a fad, a pastime, and sort of a club that eventually metastasized into a mindless mob.

1. On the question of canceling artists of bad character…A note that on this date in 1936 Shirley Temple, who was all of seven years old, signed a deal paying her almost a million dollars per picture in today’s currency reminded me of this horrible story: when Shirley was an attractive teen seeking to transition away from child roles, she met with MGM’s legendary movie musical chief, Arthur Freed. He exposed himself at the interview, and Shirley’s mother decreed that she would have no further dealings with MGM.

First, how sick to you have to be to expose yourself to Shirley Temple (the term “scumbag” comes to mind)? Second, would that justify refusing to watch and enjoy all of the classic musicals he was responsible for at the studio, like “Singing in the Rain,” “The Bandwagon,” “Wizard of Oz,” “Gigi,” the Mickey and Judy films, “Meet Me in St. Louis,” and many more? How about all of the songs he wrote, including the ones used in “Singing’ in the Rain”? I love that movie, but it is presented as a celebration of Arthur Freed, as is another favorite, “That’s Entertainment!” And the guy exposed himself to Shirley Temple!!!

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Enforced Ideological Conformity: The Unethical Firing Of Gina Carano

Gina

Gina Carano, the actress who plays Cara Dune on Disney+’s “The Mandalorian,” was fired by Lucasfilm. I saw the note yesterday, and the company’s explanation which was that Carano’s

“…social media posts denigrating people based on their cultural and religious identities are abhorrent and unacceptable.”

From this I presumed that the actress had posted something that was racist or otherwise bigoted and hateful—constitutional speech, but not a public opinion that an organization dependent on widespread public favor is obligated to tolerate from its employees. Then today, I saw what she wrote, which was,

“Because history is edited, most people today don’t realize that to get to the point where Nazi soldiers could easily round up thousands of Jews, the government first made their own neighbors hate them simply for being Jews. How is that any different than hating someone for their political views?”

She did not denigrate anyone based on their cultural and religious identities. LucasFilm’s statement is a lie, and indeed is very close to defamation. Carano should sue. Meanwhile, Pedro Pascal, who plays the Mandalorian in the same series, tweeted out this idiocy in 2018:

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Saturday Morning Ethics Update, 2/6/21: Day Before The Super Bowl Edition

CTE brain

This was a Friday morning warm-up that kept getting bumped, with my investigation of the TIME article that dropped yesterday finally bumping it all the way to now. As several have noted in the comments to that post, when real conspiracies rear their dark and slimy heads, it makes suspicion of other conspiracies not just more likely, but reasonable. In my case, for example, as Big Tech has joined social media in squashing news and opinions unpalatable to our rising progressive masters, Ethics Alarms, for no reason that I can see, is suffering through its worst non-holiday week in traffic in years. Meanwhile, I am suddenly getting email after email telling me that my blog isn’t turning up in Google searches the way it should. Hmmmm.

Stop it, Jack. “That way madness lies.

1. Sometimes the profit motive helps, sometimes it doesn’t. One more note about TIME’s piece: there have been many articles recently about how journalism ethics are a a myth and need to be regarded as such, because the major news organizations are chasing clicks, ads and dollars, not truth, justice, or the American way. This argument has some obvious truth in it, but it is often used to exonerate journalists from pushing the political agendas of the Left, which they obviously do. The country is still very conservative in many ways; the Fox News model was spectacularly profitable; why doesn’t the profit motive inspire more balanced coverage, especially since there is a market for it? Is it just a coincidence that news rooms (even Fox News’) are nearly exclusively made up of Democrats and socialists? TIME was the perfect candidate to break ranks: an iconic mainstream media name, quickly fading into irrelevance and obscurity. Desperation topped loyalty to the team, and, ironically, betrayal led to an ethical result, even though it was motivated by non-ethical considerations.

2. “Cancelled” or put out to pasture? Fox News has cancelled the Lou Dobbs show, even though it is the top rated show on Fox Business News. “There is only one-way to look at this announcement…. corporate U.S. media is in the tank for the cancel-culture policy against all things President Trump related” writes the conservative blog “The Last Refuge.  “P.e.r.i.o.d.” I’m not so sure. I thought Dobbs was losing it several years ago when he suddenly appeared on the air with his previously white hair died caramel brown, and his enthusiasm for Donald Trump has often crossed the line into unprofessional cheer-leading. He’s 75, and Fox New may well have wanted to get him off the air before he had to be pulled. (Why won’t any of these guys retire?) Dobbs is also one of the three Fox News hosts named along with the network after voting software company Smartmatic filed its $2.7 billion defamation suit.

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Confession Of A Life Competence Failure

If you are going to be a competent member of society, it is important to follow the popular culture in addition to current events. I have always been a pop culture omnivore, watching TV shows I found barely interesting, listening to music I didn’t like, seeing as many movies as I could, and following sports I hated. I viewed with alarm my contemporaries who assiduously ignored what their children and their children’s friends were watching and who they cared about. This is how you become irrelevant, and also incompetent. A culture has many features, and affects everything: the analogy of an individual in a culture being like a fish in water is apt. All of these people, ideas and events surrounding us that we see as trivial and silly have a massive effect on the rest of our lives, and we ignore them at their peril.

Yet today I have to confess that despite what I thought were my best efforts to keep up with popular culture, it has whizzed by me. There are a lot of reasons, social media being a major one. Another is no longer having a teen in the house, but the reasons don’t matter. It is a citizen’s duty to make sufficient efforts to know and understand the culture of his or her nation, because without that understanding, a citizen is making decisions within that culture on outdated, partial, or just bad information. That is incompetent and irresponsible.

I give myself a pop culture test every six months or so. Today, I used WeSmirch, an online aggregator of celebrity news. It was horrifying. I never heard of most of these people. Those I have heard of seem completely irrelevant to me. Almost all of the important people in thse stories seem to be morons, famous for being famous, illiterate, notable mostly for being rich. The so-called “news,” breathless shouted from various headlines, seemed less than inconsequential. And yet this is what a rising generation cares about.

Here is a typical headline from this morning: “Vanessa Morgan’s son is called River.” Who is Vanessa Morgan? Who cares what her son is named? It turns out that she is an actress on “Riverdale,” a TV show based on the comic book whose appeal I never understood (but I read the damn thing so I knew what my friends were reading). Oddly, I do know something about River’s father, Michael Kopech, because he pitches for the Chicago White Sox, and once was a Red Sox pitching prospect.

Perusing the many articles and supposedly important celebrity news, I saw these names I could identify (unlike Ms. Morgan, who is, naturally, estranged from her newborn son’s father, as almost none of these celebrities think having a stable, two-parent marriage is a big deal because they are inexplicably rich, hence corrupting the values of their fans, who are not. Vanessa Morgan is also black, thus contributing in her own irresponsible way to the general mass shrug of the black community regarding two parent families):

  • Kopech
  • Tom Brady, the despicable NFL quarterback about to play in another Super Bowl
  • Rebel Wilson, the obese comic actress who lost a hundred pounds in 2020, which will prove good for her health but fatal to her career
  • Gigi Hadad, a model, and I have no idea why I know that.
  • Donald Trump
  • Actress Michelle Williams
  • Ryan Seacrest, the “American Idol” host
  • Rupert Grint, Ron Weasly in the “Harry Potter” films (saw every one, was bored stiff by the last five)
  • M. Night Shyamalan, the creepy movie director (he’s not creepy, just his films)
  • Chrissy Tiegen, another model
  • Kim Kardashian
  • Dustin Diamond, “Screech” on “Saved by the Bell,” who is now dead.
  • Queen Elizabeth and Prince Harry.
  • Cardi B, a rapper and social media star.

That’s fifteen. Now here are the supposedly important celebrities I couldn’t pick out of a line-up:

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Sunday Ethics Irony, 1/24/2021: Now Remember, It’s The Trump Voters Who Are Deplorable

In “Utopia,” the strange and violent Amazon series about a mysterious graphic novel that turns out to be both true and a coded guide to an upcoming pandemic, the diversity propaganda is so heavy-handed that it could knock out Godzilla with a left cross. Let’s see: all the good couples are mixed race. A middle -class black woman takes in troubled white children. A white husband and wife have a family including multiple black and Asian children, which you would think violates the good couples are mixed-race rule, but it’s a trick: that white couple is villainous, and their white children are too, tough the minority kids seem to be OK. A group of assassins appears to include only whites, and the main heroine is black, though her character in the graphic novel that everyone is chasing after is white. Her female mentor is white, but she is so covered in grime that she looks black. (Why isn’t that blackface?)

At what point does this become so forced and absurd that audiences object to it? None of the race obsession adds a thing to the story except weirdness, and trust me, “Utopia” needs no more of THAT.

1. Welcome to my world! Here is a submitted comment to this post: the proud idiot “RidenwithBiden” (Oooh, clever!) writes, “My God, an entire website dedicated the the sanctimonious and bottomless brainwashed hypocrisy of traitorous right wing nut jobs.”

2. Here are some Biden voters I have no sympathy with whatsoever…President Biden signed an executive order that will require institutions receiving Title IX funding to allow biological males who identify as female to compete in women’s athletic events. This should effectively kill women’s sports while making a joke out of “competition.” Women voted overwhelmingly for Joe Biden, a serial sexual harasser who was accused of rape on the record by a staffer, and he was clearly going to do this. Now feminists and women’s sports advocates are whining?

Bailey tweet

What betrayal? Sorry that you weren’t paying attention, but it was always obvious that the most extreme end of the LGBTQ lobby was pulling Joe’s strings. The one who betrayed female athletes were feminist voters. Own it, ladies.

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End Of Day Ethics Sighs 1/21/2021: Here’s Kamala! Here’s Batwoman! Here’s Your Newsmedia! And “Heeeere’s Johnny!”

sigh

A very good friend who is married to another very good friend posted yesterday that Kamala Harris’s swearing in as Vice-President moved him to tears, and the Facebook post instantly harvested about a hundred “likes” and “loves.” As God is my witness, as Scarlett used to say, I had to fight to restrain my self from writing on his page (since there is no “What the FUCK is the matter with you?” icon to click on), “Why, because she’s a woman with no qualifications to be President or Vice-President? Because she’s the first Indian-Jamaican VP, and you’ve always wanted one of those? Because she’s just the right skin-shade to pretend to be an African-American, when she’s not? Does it choke you up because she slept her way to political power, then locked up a lot of black men for drug crimes, then accused the U.S. of being racist because of “over-incarceration”? Or does any Democrat, even phonies and rank incompetents, getting power make you feel all misty inside and out? Really, I’m curious.”

Well, he’s a nice, good-hearted guy who has the political sophistication of a cheese, so I just shut up. However, his reaction is just incomprehensible to me.

1. Oh, look, now there’s black Batwoman. Yay. Isn’t this a little cliched and formulaic by now? Will every fictional character eventually have to be made black or have his or her race switched, and every male character get virtual transexual transitioning, to satisfy the Woke and Wonderful? Mikey (who liked Life cereal), is now a girl. Jake from State Farm is now black. Perry Mason’s Paul Drake in the new reboot is black. Inspection Lestrade, Sherlock Holmes’ ally, is black on the Netflix Holmes spin-off. (Watson became female in the TV show “Elementary.” And Asian!) A really bad movie made Ralph Kramden from “The Honeymooners” black; Norton too. On Broadway, when there was a Broadway, Alexander Hamilton and Aaron Burr were black, and they aren’t even fictional. Of course.The whole Ghostbusters team was turned female for the reboot (but still had only one black member). There is much, much more. Isn’t this lazy? Isn’t this boring? Don’t women, blacks and other minorities want to have their own popular and iconic characters rather than just taking over white or male ones? Why isn’t such fake “diversity” an insult? Aren’t hand-me-down characters like hand-me-down clothes?

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Mid-Day Ethics Warm-Up, 1/5/2021: Zombie Lawyers! Imaginary News! Dead Ethics Alarms! Wrong Numbers!

zombie-hand

1. The Florida Bar, protecting us all against unethical zombie lawyers...Last month, the Florida Supreme Court approved that Florida Bar’s decision to disbar Sabrina Starr Spradley, a 41-year-old attorney in private practice in Delray Beach, Florida. She died more than a year ago. The rules do not require another attorney or family member to tell the bar when a lawyer being disciplined has died, so poor Sabrina had to suffer the post mortem indignity of being labeled an unethical lawyer.

“We do have 108,000 lawyers in Florida,” a Florida Bar spokesperson explained. “There are a lot of individuals that we regulate. We rely on people to inform us.”

Why? How hard is it to routinely check the obituaries before wasting the Supreme Court’s time?

2. For the fake news Hall of Fame. Because President Trump is “reportedly” (whatever that means) “considering” flying to Scotland instead of attending Joe Biden’s inauguration on January 20, the Independent reports that Scotland won’t allow him in, because it wouldn’t be “essential” travel. Can a news headline (“Trump not allowed into Scotland to escape Biden inauguration, Sturgeon warns” ) be built on fewer facts than this?

Incidentally, there’s no law requiring an outgoing President to attend the inauguration of a President, and if Trump declines to do so, he would not be the first. He’d be the fourth, following John Adams, John Quincy Adams, and Andrew Johnson. A gracious transfer of power is always in the best interest of the nation, and Trump would do himself a favor if he just sucked it up and pretended to be a statesman. I doubt that he will.

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Last Gasp Ethics, New Year’s Eve 2020

Happy New Year, Everybody!

1. A late entry in the “Most Unethical Lawyer of 2020” competition! McGinnis E. Hatfield was stripped of his license to practice law by the West Virginia Supreme Court. What did he do? Well, this section of a transcript of his conversation with a female client explains things pretty well:

Female: “I thought like when we first started out, I was just going to pay you. I didn’t know that you wanted sex out of the whole thing.”

Hatfield: “Well, I’d have to charge you like $1,500 bucks. You don’t have $1,500, do you?”

Female: “No.”

Hatfield “So come on out here. Just come. What time do you want to come?… [I]t’s just not going to work unless you do what I say.”

Female: “What do you want me to do?”

Hatfield: “… “Well, I want you to let me eat your pussy, and then I want you to let – I want you to suck my dick, and then, you know, I just have to – I’m as straightforward as I can be. And if you don’t want to do that, then fine. I don’t have any- I like you. And if you don’t want to do that, then we’ll just have to call it off.”

Female: “Is that not – all right. That’s fine. Whatever.”

Hatfield: “Is that okay?”

Female: “I mean no, not really because I’m not a whore.”

Hatfield: ” … And like I said, if you won’t want to do that, then that’s fine by me. I wish you luck. And if you don’t want to do that, then I’m not going to try to represent you. So that’s a benefit for you. And I’ll give you some money, too[.]”… You know, I’m shooting straight with you. I told you from the beginning that sex was important to me. I want some now. Nobody’s tried to trick you. And it would be safe, too. But anyway, if you don’t want to do it, that’s fine by me, honey, but you’ll have to get somebody to help you with your divorce, too.”

Female: “Okay, That’s fine.

Of course, it’s not fine. Lawyers are prohibited from having sex with clients in most jurisdictions. Lawyers cannot encourage individuals, including clients, to commit a crime. Mr. Hatfield compounded his problems when he flunked the easiest part of a disciplinary inquiry, telling the judge who asked Hatfield whether in retrospect, he found his behavior inappropriate or unethical,

“I think my conduct in this whole situation is human. And that’s the only defense I’m offering. Lord knows, we all need that. So that’s as far as I’ll go with that.”

The judge tried again, asking, “Are you remorseful?” Hatfield replied, “No. I have no remorse. I feel like I’ve been victimized.”

What an idiot.

It put me in mind of the Steven Wright line, “How did the fool and his money get together in the first place?”

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“Predator,” “White Christmas” And “Ma Rainey’s Black Bottom”: Among Other Benefits, Freedom Of Expression Is Just A Lot Easier Than Creating And Enforcing Taboos

arnold-mud-face

We were watching “Predator” over the weekend, and saw Arnold Schwarzenegger color his skin black—using mud—to escape the deadly alien’s heat-based vision. Now, why doesn’t this qualify as blackface, thus threatening Arnold with “cancellation” and the film, an action classic, with permanent shelving? Don’t tell me it’s because there is a good reason for Arnold, who is as white as you can get, darkening his skin. We have been told that intentions don’t matter when it comes to this crime against racial justice. Fred Astaire wearing dark make-up to honor his black tap teachers in “Top Hat” is per se racist. Wearing black make-up to portray a black historical character in a private Halloween party is racist. Lawrence Olivier wearing dark make-up to play Othello is racist. Robert Downey, Jr. wearing dark make-up to satirize actors who go to excess to get in character for their roles is racist. Where is the “Exception for someone trying to avoid being killed by a hunter from outer space” written down?

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Merry Christmas, Everyone! And Here Is the Final Chapter of “Miracle On 34th Street,”An Ethics Companion, As Kris Kringle Gets His Day In Court [Updated]

It could be argued that the hearing (it’s not a trial) that serves as the dramatic climax to “Miracle on 34th Street” is the most memorable courtroom scene in movie history. That tells us something, though I’m not sure what. A more legally and ethically absurd spectacle would be difficult to imagine.

When we last saw Kris Kringle—if that indeed is his name—he was preparing to go to a hearing in which his sanity would be determined by a judge. (Insert Marx Brothers “Sanity Clause” joke here.) Lawyer Fred Gailey actually quits his law firm to take on the case, which he is handling pro bono. The hearing will he presided over by a judge played by Gene Lockhart, who has impeccable Christmas movie credentials, having played Bob Cratchit in one of the adaptations of “A Christmas Carol.”

The logical, legal and ethical aspects of the story go off the rails quickly, never to return. Mr. Macy orders Sawyer to have the case dropped, which makes no sense: if Sawyer were suing Kris for assault and battery, of if Macy’s had pressed criminal charges, Macy would have some say. But this is the state of New York saying that Kris is a threat to himself and others because he’s deluded. It’s a state matter now.

Sawyer goes to Fred and tries to get him to drop the case, saying “I represent Mr. Macy.” What, he’s a lawyer now? Not only does Macy have no role in this matter, Fred’s defending Kris, not prosecuting the case.

When Sawyer mentions that Macy’s wants to avoid publicity, Fred sees a little light bulb go on in his skull. “Very interesting,” he says out loud. “Publicity. Hmm. That’s not a bad idea! If I’m going to win this case… I’ll have to have plenty of public opinion!” Except that’s unethical. From New York’s Code of Professional Conduct, which wasn’t in force when the film was made but the principles were:

DR 7-107 [1200.38] Trial Publicity.
A. A lawyer participating in or associated with a criminal or civil matter, or associated in a law firm or government agency with a lawyer participating in or associated with a criminal or civil matter, shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding in that matter….

Saying that one’s client will need publicity to influence public opinion is a clear statement of intent to violate the spirit if not the letter of the ethics rules. Fred breaches the rules again when he goes to see the judge to persuade him not to sign Kris’s commitment papers. In an adversary proceeding, a lawyer must not meet with a judge without opposing counsel present; that an ex parte communication, and strictly forbidden. Of course, it’s also unethical for the judge to let him do it.

That’s not all in the realm of judicial ethics. After suggesting that the fact that Kris says he’s Santa Claus makes his insanity a forgone conclusion, Judge Harper, who is apparently an elected judge (a situation I regard as a “pre-unethical condition”) is visited by his campaign manager, Charlie, an old pol played by none other than William Frawley, now immortal for co-starring in “I Love Lucy” as Fred Mertz. He suggest that Harper withdraw from the case:

“This Kringle case is dynamite. Let some judge handle it that isn’t coming up for reelection..I’m no legal brain trust. I don’t know a habeas from a corpus. But I do know politics. That’s my racket. I got you elected, didn’t I? And I’m gonna try to get you reelected….You’re a Pontius Pilate the minute you start!”

Then the judge’s grandchildren make a convenient entrance, and snub him because he’s being mean to Santa. Later, when the hearing somehow is turned into a referendum on whether Santa is real, Charlie returns with a dire warning:

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