Professions

Morning Ethics Warm-Up, 4/23/2018: An Overdue Pardon, A Questionable No-Hitter, A Stupid Tweet, A Modest Hero…

/ Jack Marshall / 59 Comments

Yes, I’m still here…

For one of the very few times since 2009, there were no posts yesterday. I’m sorry. I was pressed on a client’s urgent deadline from 7 am to 11 pm, with errands and sanity breaks in between, and never could get my schedule or brain cleared sufficiently to work on Ethics Alarms.

1 This is the news media. This morning, HLN  has spent 5-10 minutes every hour covering the birth of Queen Elizabeth’s latest grandchild. He’s a boy, in case you were on pins and needles. This isn’t fake news, it’s non-news. Why is this important? What possible use does detailed information regarding the latest addition to the succession train (he’s fifth in line) of an increasingly anachronistic monarchy have to the U.S. public? I’m looking at the morning New York Times, and literally 98% of its contents are more newsworthy.

Among the events broadcast in connection to this non-event was an elaborately dressed “town cryer” in London, ringing a bell and reading from a scroll to announce the royal birth. After CNN’s remote cameras recorded this memorable moment, it was revealed by a London correspondent that the elderly man dressed like a Tower Beefeater is a wacko, with no official significance whatsoever. Then a half hour later, HLN showed the wacko’s act again, sans any wacko label, but text that said, “Moments ago.” Thirty minutes is “moments”? Then we got new post-birth news, the London odds-makers take on what the likely name of this completely unimportant future prince will be. The odds on “Jack” were 9-1. Said Robin Meade’s sidekick Jennifer Westhoven: “Jack? Wouldn’t that be ‘James’?”

No, you ignorant moron. A., Jack is a real name. I can prove it, and B. It is a nickname for John, not James.

Yeah, we should trust these people.

2. Trump Tweets. Okay, what is this? President Trump, flush with success over questionable reports that North Korea has decided to halt nuclear testing (you know, like Iran, and equally trustworthy), tweeted,

Now, it is easily determined that the North Koreans have not agreed to “denuclearization.” Meetings haven’t even taken place. The tweet is fantasy. This is the kind of thing the mouth-foaming Trump haters point to as an example of the President’s “lying.” A statement that can’t possibly deceive anyone else, coming from someone who habitually makes such statements, is a falsehood, but whether it is a lie is questionable. Does Trump believe this tweet, at least when he wrote it? I suspect so. He communicates–indeed, he thinks— in cloudy generalizations and concept clouds. Is this tweet and its ilk spectacularly irresponsible and self-destructive to his ability to be respected and believed? Oh, definitely. Stupid and embarrassing too. But a lie? I’m not sure. “Trumpism” might be a better term.

Calling out NBC with “fake news” in front of a tweet with fake news is certainly audacious stupidity, however.

3. Now the Good Trump (maybe): Reportedly, spurred by the suggestion of Sylvester Stallone, the President is considering a pardon for Jack Johnson, the first black heavyweight champion (1908-1915) who was hounded by the government and personally destroyed, mostly because of his proclivity to have relationships with white women. Johnson’s primary crime was being a successful, defiant, black man at the height of Jim Crow. The play (and movie) “The Great White Hope” tells his story, which is an American tragedy; Ken Burns also made a superb documentary about Johnson.

Johnson was convicted of violating the Mann Act, for transporting women across state lines for immoral purposes, in his case, miscegenation. Eventually he served time in a federal penitentiary. There have been calls to grant Johnson a posthumous pardon for at least a decade. A 2008 bill requesting President George W. Bush to pardon Johnson in 2008 passed the House, but failed to pass in the Senate. Senator McCain,  Representative Peter King, Burns and Johnson’s great-niece requested a presidential pardon for Johnson from President Obama in 2009, and again in  2016, in honor of the 70th anniversary of Johnson’s death in a car accident. A vote by the United States Commission on Civil Rights also called on Obama to “right this century-old wrong.” There was also a Change.org petition. Obama never acted, causing a firestorm of protest from the Congressional Black Caucus.

No, I’m kidding: it was hardly mentioned in the news media or by black activist groups. And Jack Johnson’s life, despite the fact that hardly anyone under the age of  50 could tell you anything about him, mattered. If President Trump finally does the right thing and clears Jack Johnson’s name, I wonder how progressives and the news media will attack him for it?

4. Wait, why wasn’t he texting, “I’m so terrified!”? James Shaw Jr., 29, rushed a shooter armed with an AR-15 (and not wearing pants) who had opened fire yesterday in a Waffle House in Antioch, Tennessee.  Four people had been shot dead and many other were injured before Shaw grabbed the gun’s barrel, pulled it away and threw it over the Waffle House counter. He suffered a gunshot wound and burns from grabbing the gun’s barrel.  Although his actions are credited with saving many lives,  Shaw Jr. denies that he’s hero. “I was just trying to get myself out. I saw the opportunity and pretty much took it,” he says.

Real heroes seldom regard themselves as heroes. The fact is that he took action, placed himself at risk in doing so, and had the right instincts, exactly the ones this culture is supposed to nurture but increasingly does not: take control of your own fate, and do what needs to be done.

Trust me on this, James (can I call you Jack?): You’re a hero. Continue reading →

From The Ethics Alarms “Irony” Files: “The Association For Honest Attorneys” Has No Attorney Members…

/ Jack Marshall / 29 Comments

The ABA Journal reports that the U.S. Tax Court ruled against The Association for Honest Attorneys (Known as A.H.A! ) this month, denying  tax-exempt status for the organization. Why? Well,  it hasn’t had any lawyer members since its founding in 2003, and no lawyer could be found to represent the group in its tax dispute. The group’s founder, Joan Farr, spent association money at grocery stores, department stores and home-improvement stores.

 

Morning Ethics Warm-Up, 4/19/18: “Boy, Am I Sick Of This Stuff” Edition

/ Jack Marshall / 42 Comments

Morning….

1. Once again, the Orwell Catch-22. Ethics Alarms has several times flagged the unconscionable use of the Orwellian ” ‘If you have nothing to hide, you have nothing to fear’ in the news media and among the resistance as they try to demonize the President of the United States for insisting on basic principles of due process and legal procedure. (Here, for example.) How did the Left come to such a state where they embraced this unethical concept, which is totalitarian to the core, and the antithesis of liberal thought? It is pure corruption, and forces fair Americans to side with the President and his defenders whether they want to or not.

To get a sense of how insidious this trend is, read Jonathan Chait’s recent effort for New York Magazine. Chait isn’t an idiot, but he’s so biased that he often sounds like one, as in his ridiculously blind 2016 essay declaring that “The 2016 Election Is a Disaster Without a Moral.”

This time, he makes the argument that President Trump must be guilty of horrible crimes because various Trump allies have denied that Michael Cohen will “flip” on his client, meaning that he would testify against him. Lawyers can’t testify against their clients, even if they have knowledge of criminal activity. They can testify to client efforts to involve them in criminal activity prospectively, because requests for advice regarding illegal acts are not privileged. Chait, however, doesn’t observe this distinction: he is simply towing the ugly ‘If you have nothing to hide, you have nothing to fear’ position that has been adopted, to their shame, by many left-leaning pundits and supposedly legitimate news organizations like the New York Times. Look at this section in Chait piece, for example: Continue reading →

From The Ethics Alarms “Horrible People” Files: The Vile Progressive Professor (Yes, Another One, and Yes, I Would Fire Her)

/ Jack Marshall / 87 Comments

Randa Jarrar, a professor in the English department at California State University, Fresno (That’s her above: am I the only one that finds her expression unsettling?)  tweeted an hour after Barbara Bush’s death was announced,

“Barbara Bush was a generous and smart and amazing racist who, along with her husband, raised a war criminal. Fuck  outta here with your nice words.”

Later, she added that she was happy that George W. Bush was probably sad that his mother had died, and…

“PSA: either you are against these pieces of shit and their genocidal ways or you’re part of the problem. That’s actually how simple this is. I’m happy the witch is dead. Can’t wait for the rest of her family to fall to their demise the way 1.5 million Iraqis have.”

After her ugly Twitter hate-storm tweets generated more than 2,000 critical replies, the professor posted a phone number suggesting that it was a way to reach her. No, it was really the number of a  crisis and suicide prevention center, causing their phones to be swamped.Tweeted Eugene Gu, MD, a pediatric surgeon,

“Replying to @randajarrar. Your freedom of speech does not entitle you to have all these people spam an actual mental health crisis line. Please stop,”

This completely gratuitous embarrassment to CSU Fresno caused the president of the school to respond with a public statement, also via Twitter: Continue reading →

Clearing Up A Matter Of Widespread Confusion: How Lawyers Acquire Accidental Clients

/ Jack Marshall / 31 Comments

When I pointed out this morning that by Sean Hannity’s own description of his relationship to Trump fixer Michael Cohen, he was Cohen’s client, several commenters protested, including a lawyer or two. This suggests that many more were similarly confused, and it is no surprise. A disturbing number of lawyers fall into the trap of acquiring “accidental clients.” There are many ways this can happen, but the most insidious of them is this, which people like me constantly and repeatedly warn lawyers about, often to no avail.

A relative or a friend approaches you, a lawyer, at a party. He or she asks you a question about some legal issue, and you give an off-the-cuff answer. Because you are a lawyer, and because you gave advice, however vague, that individual accepts it as a free legal opinion, and also assumes that the conversation was confidential. Usually nothing happens. Sometimes, however, the friend or relation acts based on your advice. If the results turn out badly, he or she may sue for malpractice, and sometimes will win damages. In an infamous case that is still good law, an individual went to a medical malpractice specialist to engage him to sue a hospital. After describing the facts, the potential client was told, “You have no case,” and informed that the lawyer would not accept the representation. But the individual relied on that statement, and didn’t bring a suit until the statute of limitations had run. Then he learned, from another lawyer, that he did have a valid case, though one he could no longer pursue. The first lawyer was sued for malpractice, and the court found that indeed “You have no case” constituted legal advice, and the advice was relied upon, meaning that an attorney-client relationship had been formed. Continue reading →

Morning Ethics Warm-Up, April 13, 2018: Past, Present, And Future

/ Jack Marshall / 11 Comments

Happy Morning, everybody!

1. On the Future News front…The Michael Cohen raid has prompted a new outbreak of this particularly odious journalism and punditry trend: writing hysterically about what might happen. I spend so much time telling my wife that it is absurd and self-destructive to spend energy and emotion on dire “what if?” speculation, when sanity only reigns when we deal with what happens, when it happens, and not freak out because it might happen. Reinhold Niebuhr’s Serenity Prayer isn’t just for alcoholics, you know:

“God grant me the serenity to accept the things I cannot change;courage to change the things I can;and wisdom to know the difference. Living one day at a time;enjoy ing one moment at a time; accepting hardships as the pathway to peace…”

The news media, however, pummels us with dire future news to undermine serenity, create fear, encourage anxiety, distrust, panic and hysteria. All the better to undermine President Trump, after all.

MSNBC’s Joy Reid, for example, admittedly one of the worst of the worst, speculated about what might happen should the president refuse to allow himself to be arrested by federal marshals. Note that there is no evidence that there is anything to arrest him for, but never mind. This is Future News. “What if he refuses to open the White House door? What if he fires any Secret Service agent who would allow the federal marshals in? What if Donald Trump simply decides, ‘I don’t have to follow the law? I refuse to be held under the law. No marshal can get into this White House and any Secret Service agent who defies me is fired,'” she asked.

Today I am reading that Michael Cohen might have incriminating tapes of Donald Trump saying incriminating things. Yes, and he might have 12 toes and three nipples, too. Cohen apparently surreptitiously taped some of his conversations. Now, it is true that Cohen is a uniquely sleazy lawyer, but surreptitiously taping a client is a serious legal ethics breach that would pretty much end his career, not to mention his bar license, it it were proven. Never mind though: what if he taped Trump having sex with a marmot? What if he taped the President speaking Russian?

What might happen isn’t news. There are exceptions, but extensive concentration of speculation and projections, as with the Russian investigation coverage, is misleading and unethical journalism.

2. Incompetent prosecution to the rescue! For some reason, Bill Cosby’s prosecutors, allowed to choose from the more than 70 alleged victims of the serial sexual predator a representative five to show his  modus operandi that victimized Andrea Constand, chose Janice Dickinson, an aging ex-model, huckster, reality show star and publicity hound with the approximate trustworthiness and credibility of Stormy Daniels. Continue reading →

From The “Nation Of Assholes” Files: Now President Trump Has Driven The Sociologists Mad

/ Jack Marshall / 32 Comments

That fake tweet above? It was created by the Southern Sociological Society as promotion for its conference this week. It is also, amusingly, accurate. Based on the conference, titled “Racial Theory, Analysis, and Politics in Trump America,” you can’t trust sociologists any more. Like so many other professional, including among them historians, lawyer, journalists, educators, ethicists and psychiatrists, this group has decided to abandon professional ethics and standards of objectivity and civility for juvenile virtue-signaling and partisan name-calling.

At first I thought this was an Onion parody. From Campus Reform:

…The conference program features two full-color illustrations that crudely depict the President as a baby, six sketches employing similar themes, and nine satirical presidential tweets (each of which comes with a disclaimer alerting the sociologists that it is “not an actual tweet”). The front cover shows the president as a grotesque and overweight infant, sitting in a soiled diaper on top of an image of hooded Klansmen while playing with missiles and nuclear bombs. His outstretched left arm, replete with a tiny hand, may be an attempt to depict him performing the Nazi salute.

A cross superimposed on a series of concentric circles appears above the word “Trump” in the conference title, suggesting the crosshairs on a rifle site…The back cover depicts a similarly-styled Trump, this time with his diaper sagging down and kneeling in a pool of urine inside his crib. Black and white sketches scattered throughout the program, meanwhile, depict Trump in various other unflattering ways, with one showing him urinating on the floor while holding what appears to be a balloon labeled “WW3,” while another drawing portrays him smashing the EPA and healthcare.

The conference schedule indicates that there will be 32 workshops, papers, lectures, discussions, and other sessions that explicitly deal with Trump, including a discussion about “Approaching Resistance to TrumpAmerica” and a session on “How to Talk About Current Events in the Classroom in the Age of Trump without Getting Fired.”

Some sessions, such as “Organizing a Campus-Wide Social Justice Event,” appear to advise professors on how to use their positions to influence campus politics. Continue reading →

Comment Of The Day: “No Wonder We Can’t Communicate With Each Other Or Have Coherent Debates: We’re Culturally Illiterate”

/ Jack Marshall / 3 Comments

[I’m using this morning to post some important, backlogged Comments of the Day. Today’s Warm-Up will be after noon, if all does according to plan.]

Keith Walker registered a fascinating reflection on his experiences as a teacher in response to the post regarding the decline of cultural literacy. I do take umbrage at his categorization of my commentary about public school’s ongoing failure as “ranting” and his implication that I have designated teachers as “useless.” If I have criticized teachers and administrators, it has always been based on specific conduct. In Alexandria, VA., I had to pull my son out of one public school, a Catholic school and two private ones upon observing exactly the kind of incompetence, bias and abuse I have written about over the past eight years.  Indoctrination, child abuse, incompetence and sexual predation in the schools are real, and teaching is still a “profession” without codified ethics standards. Dedicated, smart, competent teachers are heroic, but their existence does not make my criticism and analysis less valid or less urgent.

Here is Keith’s Comment of the Day on the post, “No Wonder We Can’t Communicate With Each Other Or Have Coherent Debates: We’re Culturally Illiterate”

As one of those useless public school teachers so often ranted about in this space, I want to rise to the occasion here and, if not defend our profession, at least offer my take on things over my 31 years in the business.

I was a fairly new teacher when Hirsch’s book came out. I thought then that it was a silly tome, written from the perspective of a grumpy old man. I still don’t hold much respect for it, though I have become a grumpy old man myself. Who gets to decide what’s important cultural literacy? (Yes, I am about to say something like “it’s always been old white guys…”) I wonder if someone else had written that book if it would have contained different things?

But since 1988 several things have happened to make teaching these important things virtually impossible, the internet and standardized testing being two major ones. Yes, I know that standardized testing has been around for many decades; I remember taking the MEAP (Michigan’s state test) when I was a small boy in the 70s. But in the 70s test scores were not blasted across the front pages of newspapers everywhere, and politicians were not decrying our “failing public schools” and telling everyone that privatization and profits would be a much better plan for education.

The pressure on schools, teachers, and students to “succeed” on these tests is ridiculous, and it has gotten to the point that if it can’t be measured, we don’t have time to teach it. And everything is measured. As a music teacher I am happy to have a job any more; much of my curriculum isn’t “measurable” to a certain extent, and it certainly isn’t required for success in life. But I digress… Believe me, if Cromwell was going to be on the ACT, SAT, or AP History exams, you can bet he’d be talked about in schools. It’s all about competition, and everyone is fearing for jobs, funding, and students as we move to a market-based system of educating our next generations, and the members of that generation all want to get a 7.0 GPA and get into Harvard (starting as freshmen with 75 credits due to all of their AP test scores), and the way to do it is to excel on those tests. It’s fairly terrifying. Continue reading →

Morning Ethics Warm-Up, 3/31/2018: The Baseball-Trained Rifleman, The Hockey Hero Accountant, And Some Other Stuff That’s Just Annoying…

/ Jack Marshall / 16 Comments

Good morning!

1. “The Rifleman” and “Fix the problem.” I recently was interviewed by a graduate student in organizational leadership and ethics. One thing we discussed was how popular culture in America once dedicated itself to teaching ethical values and ethics problem-solving, especially in shows aimed at young audiences. This is not so true any more; indeed, popular culture models unethical conduct at least as often today.

I told my interviewer about recently watching an episode of “The Rifleman,” the early ’60s TV Western about a single father raising his young son while being called upon to use his skill with a rifle to fight for civilization in the harsh frontier.  In the episode, hero Lucas McCain (played by the under-rated Chuck Connors) had to deal with an old friend, now an infamous outlaw, who had come to town. (The ethical conflict between personal loyalty and an individual’s  duty to society was a frequent theme in Westerns.) Lucas was a part-time deputy, and at the climax of the episode, his friend-gone-bad is prepared to ride out of town to escape arrest for his latest crime. Lucas tells him not to leave, and that if he tries to escape, Lucas will have to let his custom-made rifle settle the matter, as usual. (Peace-loving Lucas somehow managed to kill over a hundred men during the run of the series.)  Smirking, his friend (Richard Anderson, later known as the genius behind “The Six Million Dollar Man”), says that he knows his old friend is bluffing. For Lucas owes him a lifetime debt: he once saved “The Rifleman’s” life.  You’re a good man and a fair man, the villain says. “You won’t shoot me. I know you.” Then he mounts his horse , and with a smiling glance back at “The Rifleman,” who is seemingly paralyzed by the ethical conflict, starts to depart. Now his back is all Lucas has to shoot at, doubling the dilemma.  You never shoot a man in the back, an ethical principle that the two officers who killed Stephon Clark somehow missed. We see McCain look at his deadly rifle, then again at the receding horseman. Then, suddenly, he hurls his rifle, knocking his friend off his horse. The stunned man is arrested by the sheriff, and says, lamely, as he’s led away. “I knew you wouldn’t shoot me.”

I love this episode. It teaches that we have to seek the best solution available when we face ethics conflicts, and that this often requires rejecting the binary option presented to us, and finding a way to fix the problem.

Of course, it helped that Chuck Connors used to play for the Dodgers, and could hurl that rifle with the accuracy of Sandy Koufax.

2. Here we go again! Now that anti-gun hysteria is again “in,” thanks to the cynical use of some Parkland students to carry the anti-Second Amendment message without having to accept the accountability adults do when they make ignorant, dishonest, and illogical arguments in public, teachers and school administrators are back to chilling free speech and expression by abusing their students with absurd “no-tolerance” enforcement. At North Carolina’s Roseboro-Salemburg Middle School, for example, a 13-year-old boy in the seventh grade was suspended for two days for drawing  a stick figure holding a gun.

I drew pictures like this—well, I was little better at it—well into my teens. It’s a picture. It isn’t a threat. It isn’t anything sinister, except to hysterics and fanatics without a sense of perspective or proportion—you know, the kind of people who shouldn’t be trusted to mold young minds. “Due to everything happening in the nation, we’re just being extra vigilant about all issues of safety,” said Sampson County Schools’ Superintendent Eric Bracy, an idiot. How does punishing a boy for a drawing make anyone safer? It makes all of us less safe, by pushing  us one step closer to government censorship of speech and thought.

Then we have Zach Cassidento, a high school senior at Amity High Regional School in Connecticut who was suspended and arrested —arrested!—for posting a picture of his birthday gift, an Airsoft gun, on Snapchat. He was not charged, but was suspended for a day from school….for posting, outside of school, on his personal account, the picture of an entirely legal toy gun (It shoots plastic pellets: my son has several of them).

The people who do this kind of thing to children in violation of their rights as Americans are the same people who cheer on David Hogg while signing factually and legally ridiculous petitions. They should not be permitted to teach, and this kind of conduct ought to be punished.

Where is the ACLU? For the organization not to attack these abuses is an abdication of the organization’s mission. Continue reading →

Comment Of The Day: “Unethical Quote Of The Month: Journalist Matt Pearce”

/ Jack Marshall / 33 Comments

I thought a bit of rancor was appropriate for a Comment of the Day on this topic, which I’m sure some Ethics Alarms readers are getting sick to death of, the collapse of journalism ethics. I fight every day to find a balance between posting more evidence of this corrosive and wholly avoidable infection within our society, for more evidence appears daily, and leaving the issue alone for another day in order to examine different topics. But while in other areas of professional ethics I see sincere and genuine efforts to identify unethical conduct, address it, and reform it…Yes, even in politics…I see none  in journalism. To the contrary, I see obstinate denial that there is a problem, especially from those who perceive themselves and their ideological agendas as benefiting from the increasingly egregious mainstream media bias. Until there is an acknowledgment of this problem and its seriousness within journalism itself, it will only continue to get worse, and our society and nation will get even sicker as a result.

Here is Steve-O-in NJ’s Comment of the Day on the post, Unethical Quote Of The Month: Journalist Matt Pearce:

CAN journalists legitimately try to hide their agendas from anyone with a functioning brain and ethical compass after they “cut loose” in 2016? The evidence of media bias has been getting bigger and bigger since 1992. The media’s running interference for Bill, attempt to swindle the voters in 2004 with a lie, and industry-wide push for Obama were all pretty damning pieces of evidence, but the open abandonment of objectivity in 2016 in an attempt to save this nation from itself irrevocably broke the scale. I think for a while they even had you [ Host’s note: That is, me] persuaded, though not consciously so, since your thinking moved through the idea that Hillary would do less damage than Trump before you decided that Hillary was also unworthy of your support.

It’s frankly time for the mainstream media to own up to the fact that it isn’t objective anymore and hasn’t been for some time, and that its job is to push the progressive agenda any way it can. It won’t though. Continue reading →