Lessons of The Colorado “Trans Bathroom Harassment” Hoax

“It’s a liberal world gone mad at one Colorado high school, where the rights of one transgender student have trumped the rights of other students forced to share a bathroom. The transgender student, a male who identifies himself as a female, has sexually harassed female students in the girl’s bathroom at Florence High School, Pacific Justice Institute reported.Not only have parents’ complaints gone nowhere, but the female students have also been threatened with dismissal from athletic teams and hate crimes charges if the complaints don’t stop, according to the institute, a nonprofit religious-rights organization that was alerted by concerned parents.”

 

"Jane Doe": Victim

“Jane Doe”: Victim

This was the story breathlessly reported in various forms this month by conservative media sources, including Fox News. Apparently the sole source for the claim that “a male who identifies himself as a female, has sexually harassed female students in the girl’s bathroom” is the statement that this “allegedly occurred” in a letter to the school sent by the aggressively anti-transgender, ultra-conservative advocacy group, The Pacific Justice Institute.  The PJI has prominently opposed California’s transgender bathroom law, and it seem clear that it viewed this story as a means to an end.

In a case of the conservative media playing the old game of “Telephone,” the PJI letter suggesting that such harassment may have happened was morphed into media reports that it had happened, as Fox, the Examiner, The Blaze and others adopted the story published by the online version of British tabloid, The Daily Mail, as fact. It wasn’t fact, and the Daily Mail has quietly pulled its original story. What appears to have happened is that some virulently anti-trans parents who were livid that the school permitted a boy who self-identified as female to use the female rest rooms contacted the PJI with unsubstantiated and apparently fictional claims, in order to focus hostile attention on the school. Interviewed about the incident, the school’s superintendent flatly denied that any incidents of the kind hinted at by the PJI and reported in the media actually occurred, and to this day, no evidence has been presented that they did occur, no specifics, names, quotes or facts whatsoever, just vague allegations. One student in the school provided this perspective: Continue reading

The Unprofessional Cause Of Unprofessional Lawyer Brian Zulberti

Brian ZYoung Brian Zulberti may be nice guy. He may even be a competent lawyer, though the chances of his being able to demonstrate that are diminishing daily. Nevertheless, his quixotic and misguided, and dare I say it, really stupid, quest to show that professionalism, judgment and character are not properly relevant to the practice of law is an exercise in hubris that must fail, deserves to fail, and of course, will fail, leaving him to pick up the pieces of fifteen minutes of media fame purchased at the price of a reputation. It looks like he’s having fun, and that’s something, I guess. Ten years from now, I doubt that he’ll think it was worth it.

Shortly after passing the Delaware Bar, Zulberti, a 2009 law school grad,  emailed the entire Bar membership asking for a job. In lieu of his résumé;  he attached a photo of himself in a Villanova Law muscle shirt that would be more at home on a dating site for the shallow. The web also contained his half-naked selfies, and various websites with varying motives picked up the story. Interviewed on YouTube, Zulberti proclaimed that being true to himself was more important to him than getting hired, and that he wasn’t about to change his Facebook privacy settings to portray himself as a traditional, dignified, applicant for legal work.

Let me pause here to say that in many ways I sympathize with Zulberti. Continue reading

The Naked Teacher Principle Strikes In Texas: The Playboy Variation

"Miss DEWEESE?? Ay Caramba!!!"

“Miss DEWEESE?? Ay Caramba!!!”

This version of the NTP is not especially close to the gray area of ethics, nor is the result surprising, though I expect a lot of teeth gnashing about it because the naked teacher in question will attract a lot of, uh, sympathy.

Dallas’s school district has apparently fired Cristy Nicole Deweese, 21, a Spanish teacher for the city’s Townview Magnet High School. Less than three years ago she posed in various provocative positions and states of undress for Playboy, in its February 2011 issue. That magazine is still available, but more to the point, the photos are easily available online. Naturally some students found them, and the core tenets of the Naked Teacher Principle had been triggered.

The Naked Teacher Principle states:

“A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.”

I won’t keep you in unnecessary suspense. Deweese is almost dead center in the middle of the NTP. Continue reading

Psychic Found Guilty Of Fraud: Did She Know This Would Happen?

gypsy-fortune-teller2Now that the required joke is out of the way, I can more soberly state that the New York conviction of psychic Sylvia Mitchell for larceny and fraud opens up a welter of ethical, legal and religious issues. Law prof-blogger Ann Althouse is troubled by the result, writing,

“In my book, this is entertainment and unconventional psychological therapy. Let the buyer beware. Who’s dumb enough to actually believe this? Should the government endeavor to protect everyone who succumbs to the temptation to blow a few bucks on a fortune teller?”

Clearly not, and that’s where courts and states generally land in this matter, as in the case I wrote on three years ago, Nefredo v. Montgomery County. There the courts ruled (in Maryland) that it was an infringement of free speech for Maryland to ban what is, for most, just an exercise in supernatural entertainment. But the New York case involved a little bit more than that: Mitchell apparently bilked some clients out of significant amounts, getting $27,000 from one in an “exercise in letting go of money,”  $18,000 from another to put in a jar as a way to relieve herself of “negative energy,” and thousands from other clients to purchase “supplies” for various rituals—what does the eye of a newt go for these days?

Admittedly this seems to cross the line from harmless, if stupid, entertainment into preying on the stupid and gullible, but that doesn’t convince Althouse that the conviction, or the prosecution is a legitimate use of government power. She reminds us about the Supreme Court case of U.S. v. Ballard, in which the Court upheld the conviction of a faith healer for fraud. The SCOTUS majority, headed by William O. Douglas, held that if the faith healer didn’t believe in her claimed powers, then she was a fraud, and thus could be prosecuted under the Constitution if she used a claim of false powers to take money from her clients. In a sharp and thought-provoking dissent, Justice Robert Jackson wrote in part… Continue reading

The Associated Press And The Scandal That Wasn’t

It was tough giving my dog the bad news that the AP had screwed up...

It was tough giving my dog the bad news that the AP had screwed up…

Over the local evening news came a stunning report: Terry McAuliffe the Democratic candidate for Governor of Virginia, where I vote and make my home, had been accused in federal documents of lying to investigators checking the facts behind a Rhode Island death benefits scheme. Confirmation bias being what it is, I had no trouble giving the report full credence ( I long ago concluded that McAuliffe is sleazy and will lie whenever there is a perceived up-side for him, though I never thought he was stupid), and informed my dog, Rugby, for whom I am organizing a write-in campaign, that his chances of being Governor were looking up. Then, less than two hours later, I was preparing to write about this latest development in the most ethics-free governor’s race in the country, and checked online for more details. I discovered only this:

RICHMOND, Va. (AP) The Associated Press has withdrawn its story about documents in a federal fraud case alleging that Virginia Democratic gubernatorial nominee Terry McAuliffe lied to a federal official investigating a death benefits scheme. The indictment did not identify McAuliffe as the “T.M.” who allegedly lied to investigators.

Wait…how could this happen? How could the Associated Press, the nation’s premiere news agency, essentially accuse a candidate for high office in a highly contested election of a felony less than a month before votes are cast, just in time for the story to be the lead story all over the state in question, and then withdraw it shortly thereafter? Don’t tell me about “mistakes”: the AP and the profession of journalism have standards and procedures of long-standing that, if followed diligently, ensure that this never happens. Facts must be checked and confirmed by reliable sources. Supposition must not be stated as truth. Here is the AP’s distillation of its ethical framework: Continue reading

Down The Rabbit Hole Again With Hank

Forgive Hank, sir....he only watches TV, and besides, he's a twit.

Forgive Hank, sir….he only watches TV, and besides, he’s a twit.

Another day, another annoying Washington Post TV review from Hank Stuever. When I last checked in on Hank as he was practicing his craft, he was ridiculing the concept of young parents committing to the care of an unplanned baby without considering abortion. Today, he’s just trying to make his readers as ignorant as he is.

I suppose there no requirement that a TV critic be conversant in literature…but there should be. All drama and entertainment is constrcted on the foundation of the stories and traditions that came before them, and while one can critique popular culture while being ignorant of everything between Beowulf and All in the Family, one cannot do so competently or professionally, both of which, as the TV critic for a major newspaper, Stuever is obigated to do. This is especially true when he presumes to critique a new TV show based on literature, however lightly, as  ABC’s new “Once Upon a Time in Wonderland” is.

Right off the bat, Hank lets us know that he knows diddly about Lewis Carroll’s strange and wonderful classic, getting “Alice in Wonderland” confused with its (equally brilliant) sequel “Through the Looking Glass.”  Hank speaks of “Lewis Carroll’s 1865 story of Alice, the girl who stepped through the Looking Glass and saw all those freaky things — rabbits, Mad Hatters, worms, Cheshire cats, etc.”  But Alice never saw any of those things when she stepped through the looking-glass, for that is a different book. “Rabbits, Mad Hatters, worms, Cheshire cats, etc.” were encountered by Alice when she fell down the rabbit hole, one the few things the Disney animated version got right. (By “worms” I’m guessing Hank ie referencing the hookah-smoking caterpillar, which is not a worm. Does Stuever know? Is he just showing contempt for the book and its characters? As Hank would undoubtedly say, “Whatever.”) Continue reading

Heeeeeeeeeere’s JOHNNY’S BETRAYAL!!!!

henry_bushkin_johnny_carson

Lawyers are forbidden by the ethics rules of their profession in every state from divulging the secrets of their clients, their former clients, or even their dead former clients, except in the rare circumstances when doing so will save a life or prevent a crime, and often not even then. Client confidences include all information a lawyer learns about a client in the course of the representation whether or not it is germane to the representation or not, if the client would be embarrassed by the information or would want it to remain secret.

The duty to maintain client confidences goes to the core of the professional relationship between citizens and their lawyers, and any attorney who breaches it not only harms his or her client but undermines trust in the entire profession as well. So sacrosanct is the duty that a Massachusetts court agreed with the Fall River law firm that represented Lizzy Borden in her famous murder trial, when Lizzy’s heirs tried to force it to reveal whether she did, in fact, “give her mother forty whacks” (and her father forty-one) with an ax, that it could not reveal Borden’s secrets even in the interests of history.  The firm, said the court, was quite correct: Miss Borden hired it based on its lawyers’ assurances that her secrets were safe with the firm forever, and to allow otherwise now, even a century after the crime, would betray her trust and undermine the profession’s integrity. The Massachusetts Bar agrees.

So how can it be that Henry Bushkin, for decades the late Johnny Carson’s personal lawyer and thus charged with keeping the secrets of the famously reticent comic’s personal life, is now publishing a tell-all book filled with juicy stories about his conveniently dead client? Continue reading

How Partisanship Makes Pundits Untrustworthy

Healthcare down

Ezra Klein is a relentlessly progressive Washington Post reporter. He’s obviously also a smart guy, and it is a shame that he has allowed his total immersion into pro-Democratic politics render him incapable of seeing current events in  anything but political combat terms. But that is what he has become, and as a result, his analysis of any issue must be considered pre-poisoned by the lack of any objectivity, and a rooting interest in “his side.”

Here is an instructive paragraph from his Post blog, in a post that was also re-written slightly as a column this weekend. He was nominally criticizing the Obama Administration’s Affordable Care Act website:

But the Obama administration did itself — and the millions of people who wanted to explore signing up — a terrible disservice by building a Web site that, four days into launch, is still unusable for most Americans. They knew that the only way to quiet the law’s critics was to implement it effectively. And building a working e-commerce Web site is not an impossible task, even with the added challenges of getting various government data services to talk to each other. Instead, the Obama administration gave critics arguing that the law isn’t ready for primetime more ammunition for their case.

Amazing, isn’t it? Continue reading

Ethics Dunce: “Saturday Night Live” Cast Member Jay Pharoah

Maya Rudolph being Oprah, being funny, and nothing else should matter.

Maya Rudolph being Oprah, being funny, and nothing else should matter.

In a spontaneous call for more black cast members to be added to NBC’s long-running late-night satire show, “Saturday Night Live,”  veteran cast member Jay Pharoah told an entertainment reporter that he wanted the producers to add actress Darmira Brunson. “Why do I think she should be on the show? Because she’s black first of all, and she’s really talented,” Pharoah said. “She’s amazing. She needs to be on ‘SNL.'”

By logic, rights and justice, Pharoah should be fired for such a statement. He is pushing his show, and therefore his producers and his bosses, into a controversy that they neither want, need, nor deserve. Sure enough, his comments have already ignited debate and commentary in major dailies and in the blogosphere. He can’t be fired, of course—no producer in Hollywood would dare fire a black performer for advocating politically correct causes like diversity and affirmative action, no matter how inappropriate and unfair his comments were—and Pharoah knows that. Breaking reasonable rules of the workplace—criticizing your own boss in public and causing trouble for your employer are pretty basic taboos—because you know you’re immune from punishment doesn’t make the conduct any better.

He’s not the producer, and casting isn’t part of his job. To announce his own candidate for a hire is as outrageous and out-of-bounds as for a Pentagon general to tell reporters who President Obama should appoint as his Secretary of Defense.

Then there is the  statement itself, which in the context of entertainment and show business, is an endorsement of racial bias and discrimination, even more than with most workplace diversity and affirmative action advocacy. “Because she’s black first of all?” First of all must only be “because she’s funny, and the funniest female comic available.” Saturday Night Live’s goal, which it fitfully achieves, is to make its audience laugh. If Brunson is the best performer to accomplish that, then it makes sense to hire her. Her skin color is irrelevant, except to the extent that it opens up comic opportunities for the show. Otherwise, Brunson is pressuring his employers to hire Brunson over  superior white, Hispanic or Asian performers because of some theoretical diversity formula.

The resulting media focus on the imaginary problem to which Pharoah’s comments alluded is full of reflections, names and statistics, but the basic facts are these:

  • Professional performance comedy is completely utilitarian: if a cast entirely made up of black performers of any gender mix could be shown to be the optimum way to get laughs, ratings and make money for the network and SNL’s producers, that’s what we would have.
  • A funny, talented, improvisational skilled black actress has obvious benefits for a weekly satire show, as the reign of Maya Rudolph amply demonstrated.  There is no reason to presume that the producers would not immediately hire such a performer if one was available.
  • The pool of top-rate improvisational comic actors in general isn’t large (if it were, SNL would be funny more often), the pool of such performers who are African-American is much smaller, and the number of female black improvisational comics is tiny. When the African-American Wayans brothers wrote and produced their own satire show (Jim Carrey was the token white), they included only one full-time black female in the cast, and she was their sister (also the weak link in the cast.)

We can argue about the general principle of affirmative action at another time and place, but applying them to entertainment, sports or any field that must be a pure meritocracy is irresponsible and unfair. Saturday Night Live “needs” funny, talented performers who its audience finds funny…like, say, Eddie Murray. It does not need any black performer, male or female, just to have more black performers, and to take away performing and career opportunities from superior performers whose sole deficit is skin color or ethnicity while simultaneously getting fewer laughs and lower ratings.

Oddly, nobody has ever argued that Saturday Night Live discriminates against improvisational comic actors over the age of 35. Only once has it cast an actor of that age—Randy Quaid, in 1985. 1985 was also the most disastrous and unpopular season in the show’s history. Why no middle age or senior cast hires?  The reasons are legion: 1) Improv comedy is demanding physically and psychologically. Few older performers practice it, or are capable of doing it on a regular basis. 2) SNL’s audience is very young (as well as very male and white). Comedy is generational. 3) Older performers are seldom “new faces.” The ensemble’s called the “Not Ready For Prime Time Players” for a reason. 4) Young actors playing older real life figures and comic characters can be funny; old actors playing younger celebrities or characters is seldom funny, and often creepy. Age diversity, in brief, would not improve Saturday Night Live. Diversity is only an asset to the extent that it allows more comic opportunities. The U.S. does not require, not should ikt ask for, a contemporary satire TV show that “looks like America.” What  it needs is a show that is good.

All of which makes Pharoah’s comments irresponsible, unfair, disloyal, and racially offensive.

And not funny.

______________________________________

Sources: Washington Post, Policy Mic

Graphic: Hello Giggles

Congratulations To Hank Steuver For An Ethically Offensive Sitcom Review….No Small Feat!

"They won't consider aborting their child? That's ridiculous!"

“They won’t consider aborting their child? That’s ridiculous!”

It’s rare to find an ethically offensive TV review, and doubtlessly difficult to write one, but the Washington Post’s Hank Steuver is obviously equal to the task. Wow. My review of his review of the new NBC sitcom, “Welcome to the Family”:

“Yechhh. How Do people end up thinking like this?”

Here is the relevant section of his review:

“My nominee for quickest and most punitive cancellation goes to this facile dramedy about two 40-something couples who must learn to get along because their teenage children — a boy who is a Stanford-bound valedictorian and a girl who is an unfortunate iteration of the clueless blonde stereotype — are suddenly expecting a baby and have decided to keep it. Or perhaps they’re being forced to keep it, because they live in some parallel America in which Roe v. Wade has been fully reversed, thus reducing at least one obvious solution to the dilemma. (Which would, of course, cut the premise off right there; I understand that the point of the show is the pregnancy.) The truth is, these kids do live in a parallel America, the imaginary land of network television, which hasn’t found a way to talk frankly about abortion in the half-hour comedy format since, I don’t know, “Maude”? I’m not at all opposed to the personal choices made by the characters in “Welcome to the Family,” I just wish they’d had the choice to make. The foregone conclusion in the pilot is galling, especially in the scene where the teenagers’ combative fathers are seen chasing after the girl, believing she’s about to get on a rollercoaster.The metaphor is quite blunt: Save the fetus at all costs! (And forget Stanford!)” Continue reading