Morning Ethics Warm-Up: 7/10/17

Morning, All!

(That’s a Flat Earth sunrise! I couldn’t resist...)

1. I’m encountering Ethics Alarms ethics alarms. For example, is it unethical for me to choose not to fix the typos in a comment from an obnoxious commenter? I generally fix mistakes when they turn up in comments from regulars here, or missing words and letters in first posts by newcomers. But the other day an annoying commenter of recent vintage registered a comment that seemed as careless as it was badly reasoned, and had several typos.Yeah, I fixed them. But I didn’t want to.

Then, after a long period without any blog banishments, I banished a commenter yesterday whose first post was really poor, and whose last was insulting in response to my pointing out just how poor it was. As I told him in the exit response, he had triggered The Stupidity Rule. I really don’t allow stupid people to comment here once I determine that they are hopeless. Is that wrong? Elitist? Mean?

I don’t want to keep explaining things to people whose comments indicate that they have preconceived notions, unshakeable biases, inadequate education and training in critical thinking, and are under the impression that an uninformed opinion is worthy of publication because it’s theirs. Yesterday’s exile also made the fatal error of criticizing the blog because it was “judgemental.” Yes, it’s a blog in which we analyze whether conduct is right or wrong, or something else. That demands judgment, and being judgmental. The fact that the matter at issue was a lawsuit—you know, before a judge?—and the commenter still made that observation anyway sealed his fate, even before he wrote that I was bald and presumably “repulsive to women.”

Wait…I’m bald???

2.  The University of Missouri, aka Mizzou, is in crisis as a direct result of its administrators craven capitulation to race-based extortion triggered by general angst and the Ferguson Ethics Train Wreck in 2015. Before the protests (which were based on nothing specific at the University that was ever demonstrated by the protesters, other than the President refusing to bow to demands that he condemn random reported racial incidents that didn’t involve students), Mizzou was thriving, growing, and building new dormitories. Now, in response to the nationally publicized meltdown of common sense and adult supervision (climaxed by a  protester-allied communications professor, Melissa Click, being caught on video calling for “some muscle” to prevent a student reporter from recording an ugly campus confrontation), enrollment is down 30%. The university is  closing seven dormitories and cutting more than 400 positions, including  faculty members.

Good.  But from the comments of students and remaining faculty members, it doesn’t sound as if the right lessons have penetrated the campus culture’s race-addled skull. Continue reading

Morning Ethics Warm-Up: 7/3/17

Good Morning!

1. “He was right, dead right, as he sped along, but he’s just as dead as if he were wrong.” This was a refrain (from an actual epitaph) my Dad used to recite to hammer the principle into my head: being right is often not enough. I wonder if Chris Christie ever heard it? The Governor of New Jersey is vacationing with his family at a state beach he closed to the public , along with all state parks, as a result of a budget stand-off with the legislature. Technically and legally, he has every right to do this, since governors of the state have the use of a residence on that beach, and the detail that watches it when the Governor is in residence is not affected  by the government shut-down. Christie, in his trademark blunt manner, has responded to criticism by saying, in essence, “I’m governor and you’re not.” He’s right that he’s not taking a special privilege by using his residence when the beach is closed to the public. He’s right that he has no alternative to closing government services when the legislature doesn’t meet the statutory mandate for approving a budget. It doesn’t matter: he also has a duty to preserve trust in the government and democracy. His vacation in a place that he’s made off-limits to the public, no matter what the justification, has the appearance of impropriety, and more than an appearance of arrogance and a broken ethics alarm.

2. The big story yesterday—I can’t believe I’m writing this—was the President tweeting a silly tricked-out video purporting to show him wrestling CNN. This was, to anyone not determined, due to a near fatal level of confirmation bias and the Trump Hate Brain And Conscience Eating Amoeba, to interpret every word and act by this President as evidence of evil, a joke. Sure, it was also gloating, and trolling, and sophomoric, and unpresidential but the long, long list of talking heads and pundits who solemnly pronounced  this foolishness as “advocating violence against journalists” all revealed themselves as untrustworthy, dishonest, or hysterical. This kind of incompetent reaction is why Trump keeps doing this.

Our broken news media will have to be torn down before it can be restored to the objective and non-partisan institution a healthy democracy has to have to survive. If President Trump’s japery accomplishes this—I would prefer journalism to come to its senses internally, but that clearly is not going to happen—that’s a rich silver lining to the cloud of his Presidency. Continue reading

Morning Ethics Warm-Up: 6/27/17 [Updated]

1. Since I don’t want to have too many posts at once showing how untrustworthy CNN has become, let’s put this one in the short form: on Sunday, CNN’s alleged show about journalism ethics, “Reliable Sources,” hosted by “watchdog” (stifling a guffaw here) Brian Stelter, conveniently skipped the single biggest broadcast journalism scandal in years.

Thomas Frank, a reporter for “CNN Investigates, announced that “the Senate Intelligence Committee  was investigating a Russian investment fund”, the Direct Investment Fund — “whose chief executive met with a member of President Donald Trump’s transition team four days before Trump’s inauguration.” The CNN “exclusive ” was based on a single  unnamed source, and quickly attacked as fake news—which it appears to have been. CNN, of course, has pushed the Trump-Russia collusion hypothesis as if it were a missing Malaysian airplane. The network pulled the story, retracted it, and three reporters involved in the fiasco “resigned.”

If one were depending on Stelter to get a weekly briefing on how reliable and ethical news media sources were in the week past, one would have been thoroughly deceived. “Reliable Sources,” under the oversight of Stelter, itself isn’t reliable or ethical. It is a house mouthpiece, masquerading as an ethics show. This is res ipsa loquitur, an episode that speaks so loudly by itself that no further evidence is required. If the host of a broadcast ethics watchdog cannot and will not report on serious ethics breaches by his own employer, which is also one of the most visible and significant broadcast news outlets in the journalism, then the show isn’t really dedicated to journalism ethics. It is a biased tool of competition and propaganda, with conflicts of interest that it neither admits nor tries to avoid.

Stelter devoted most of his show to attacking President Trump for not according proper respect to the news media. The President has labelled CNN as “fake news.” This episode vividly demonstrated why.

2. Watching HLN’s Robin Meade this morning to avoid “Fox and Friends” (the CNN outgrowth also has thus far  neglected to mention the network’s fake news episode,) the Cheerful Earful began, “The minimum wage might actually hurt workers????” while making a shocked face that would be appropriate if she was saying that the moon was made of cheese. Thus do those constantly marinated in progressive/ Bernie-style fantasies set themselves up for amazement by the obvious.

Yes, Robin, it has been well-known for about a century that raising the minimum wages causes unemployment for workers whose negligible skills just are not worth the new mandated wage, eliminates whole job categories (summer jobs for teens being the most harmful to society), and puts many small businesses out of business. But never mind! “Living wage” sounds so kind and  good, and the rising minimum wage is always a tool to help unions  argue for increases in their much more than minimum wages, which is why the Democratic Party keeps promoting the lie that raising the minimum wage ever higher makes sense.

Robin was shocked at a new study of the results of Seattle’s huge minimum wage increase, enacted in the heat of mindless progressive faith. Conducted by a group of economists at the University of Washington who were commissioned by the city, the study indicates that far from benefiting low-wage employees, the costs to low-wage workers in Seattle outweighed the benefits by a ratio of three to one. This is the study found that  some employers have not been able to afford the mandated minimums, so they are cutting payrolls, delaying new hiring, reducing hours or firing workers. Gee, who could have predicted that?  The news media is reporting this as if it is a surprise. It’s not. I oversaw a study at the U.S. Chamber of Commerce decades ago that indicted this would happen, because it has happened before. Frankly, it’s obvious; so obvious that I have long believed that Democratic Party advocates for the minimum wage are lying to their gullible supporters.  Both Bernie Sanders and Hillary Clinton made raising the minimum wage a rallying cry, which is one of many reasons why I found it impossible to trust Bernie Sanders or Hillary Clinton.

In the meantime, having seen the writing on the wall, restaurants are increasingly moving to replace waiters, waitresses, and cashiers with automated systems, because they are cheaper…thanks to the minimum wage. If humans were cheaper, humans would keep those jobs, and restaurants would be more pleasant, unless you prefer dealing with computers than human beings. I don’t.

Lies have consequences. Or as Robin would say, “Lies have consequences???” Continue reading

Morning Ethics Warm-Up: 6/26/17

1. I am puzzled that no respected journalism source—assuming arguendo that there is one—hasn’t taken on the New York Times’ alleged list of President Trump’s “lies,” which was in my Sunday Times and released on-line earlier. I will do it today, but it shouldn’t fall to me, or other similarly obscure analysts. Why, for example, hasn’t the Washington Post taken this golden opportunity to prove how biased, dishonest and incompetent its rival is? Because, you see, the list is disgraceful, and smoking gun evidence of the Times’ abdication of its duty to its readers, except its own perceived duty to give them around the clock Trump-bashing.

The other thing I’m puzzled about is why I continue to subscribe to the New York Times.

2. One possible reason: The Sunday Times is now a weekly collage of the various derangements, false narratives and  obsessions of the Left, and worth reading just to witness how 1) bias makes you stupid and 2) how unmoored to reality one can be and still be judged worthy of op-ed space. Here, for example, is “Black Deaths, American Lies” (the print title), a screed by Ibram X. Kendi, a professor of history at American University in Washington, D.C. (Disclosure: I was also a professor at American University. But I was an honest and apolitical one.)

The first line is, “Why are police officers rarely charged for taking black lives, and when they are, why do juries rarely convict?” This is deceit: an honest scholar wouldn’t have written it, and an ethical editor wouldn’t have allowed it to get into print. The sentence implies that officers are less rarely charged and convicted when they take white lives, and this is not true. In the print version, the article is headed by a touching photo of a street memorial to Mike Brown, whom we now know got himself shot. The Black Lives Matter narrative that Brown was murdered is still carried on by racist activists, ignorant members of the public, cynical politicians  and unethical figures like Kendi, who lend their authority to divisive falsehoods.  Kendi then focuses on the Philandro Castile shooting, as if its facts support his thesis. They don’t. First, the officer was charged, though he shouldn’t have been. Second, we have now seen the video, which clearly shows that after telling the officer that he had a gun, Castile reached into his pocket and began pulling out his wallet as the obviously panicked officer shouted at him not to pull out his gun. Just as the video proves that the officer was unfit to be a cop, it shows that he was in fear of his life and why. He could not be convicted of murder on that evidence. Never mind: The professor writes, Continue reading

Ethical Quote Of The Month: Harvard Law Professor Jeannie Suk Gersen

“We chose to set up our system to be stacked in favor of the defendant in all cases.So, in areas where most of the defendants are male, and most of the accusers are female, it’s a structural bias in favor of males. Even if we were to get rid of sexism, it would still be very hard to win these cases. I think this is what we have to live with on the criminal side, because we’ve made the calculation that this is the right balance of values.”

—-Jeannie Suk Gersen, Harvard Law School professor, explaining why the failure of a jury to convict Bill Cosby has little to do with sexism and everything to do with our standard of guilt in criminal cases.

The Professor could also have said, just as accurately,

‘We chose to set up our system to be stacked in favor of the defendant in all cases. So, in areas where the defendants are police officers, and most of the victims are black, it’s a structural bias in favor of cops. Even if we were to get rid of racism, it would still be very hard to win these cases. I think this is what we have to live with on the criminal side, because we’ve made the calculation that this is the right balance of values.’

It’s the exact same problem. The confusion comes when the public or a portion of it is  certain that particular defendant is guilty, and thus regards the failure of the system to find him so as proof of a malfunctioning justice system. It isn’t. It is proof that the system functions as it is supposed to, was designed to do and must do.  We do not take citizens’ freedom away unless guilt can be proven beyond a reasonable doubt under the evidence rules of the law. This is what Colin Kaepernick doesn’t understand. This is what Black Lives Matters refuses to understand. This is what feminists and the Obama Education Department, which commanded that universities give the benefit of the doubt to accusers in allegations of sexual assault rather than the accused, either refuse to understand or do understand but argue against anyway to pander to the ignorant.

Americans, however, must understand this principle, and not just understand but fight for it, because it is the foundation of the Rule of Law as well as our individual rights.

Before I am done I will probably have posted this scene from “A Man For All Seasons” more than a hundred times. Maybe I should post it every day. Those who casually advocate forging short-cuts and detours through our laws and rights as the remedy for what they perceive as intolerable wrongs need to see it, read the words, memorize them, and maybe be quizzed on the scene’s lesson as a condition predicate to being respected in any policy debate:

 

Sought: An Ethical Reason Why This Professor Should Not Be Fired Immediately, And Never Hired For A Teaching Position Again, Anywhere

 

Meanwhile, for Trinity College, the countdown has started.

After Professor Johnny Eric Williams, associate professor of sociology at Trinity College in Hartford, approvingly posted a Medium article titled “Let Them Fucking Die” on Facebook, he went on to endorse the article’s thesis ( potential rescuers like those who helped Rep. Steve Scalise should let imperiled white people die as a form of combating white supremacy) in his own Facebook posts:

The Medium article concluded with this advice regarding one’s responsibilities as a citizen and a human being when a white person is in mortal peril… Continue reading

Morning Ethics Warm-Up: 6/22/17

1.  I’m trying to get this up while I prepare for a new legal ethics seminar, teaming once again with the brilliant D.C. actor Paul Morella who has toured the country in the Clarence Darrow one-man-show he and I collaborated on more than a decade ago, using Darrow’s career and courtroom oratory to analyze modern legal ethics.  Readers here have encountered a lot of those Darrow-related discussions already. For once, I’m grateful most lawyers don’t frequent this blog.

2. This now viral photo of the faces of CNN’s talking heads and analysts at the moment they realized that the Democrats had lost the Georgia Sixth District special House election that was hyped to be the beginning of a surge to the Left rejecting Donald Trump…

…and this one…

…are more than just gags. They are smoking gun evidence of the stunning lack of professionalism in journalism, and especially CNN. If there was any sensitivity or commitment to ethics on that set or in that production chain of command, every one of these arrogant hacks would have been told, “I want poker faces up there at all times. Objective and fair news reporting includes body language and facial expressions. Your attitudes warp your reporting. If anything about your demeanor betrays your personal preferences or political biases, you’re getting suspended. Got that? This isn’t a cheerleading squad.

3.  This warrants its own post, but today will be a squeeze, so I’ll focus on the astounding chutzpah of  that race’s loser here and now. Losing Georgia Six Democratic candidate Jon Ossoff was interviewed by NPR’s Rachel Martin, and this exchange resulted: Continue reading

Ethics Quiz: The Ferguson Settlement

News Item:

The parents of black teenager Michael Brown and the city of Ferguson, Missouri, have settled a lawsuit over his fatal shooting by a white city police officer in 2014, according to a court document filed on Monday. …Terms of the wrongful death settlement between Ferguson and Brown’s parents, Michael Brown Sr. and Lesley McSpadden, were not disclosed. U.S. District Judge E. Richard Webber approved the settlement and ordered it sealed.

“The gross settlement amount is fair and reasonable compensation for this wrongful death claim and is in the best interests of each plaintiff,” Webber wrote. Both James Knowles, the mayor of the blue-collar, largely black St. Louis suburb, and Anthony Gray, the lead attorney for Brown’s parents, declined to comment.

Wait, what?

A thorough investigation found Officer Wilson guilty of no crime, nor did the shooting appear to be the result of officer malfeasance or negligence. Brown’s parents, Michael Brown Sr. and Lesley McSpadden, meanwhile, took extraordinary measures to stir up racial hatred and anti-police sentiment, not just locally but nationally, sparking deadly riots in Ferguson and elsewhere, and leading to attacks on police. They even made a human rights complaint to the United Nations, based substantially on a lie (“Hands up! Don’t shoot!”) concocted by their son’s friend and credulously reported as fact by the news media. By what theory are Brown’s parents deserving of damages from Ferguson? By agreeing to this settlement, is not Ferguson setting the precedent that any time a black suspect is shot by a white police officer, it is a wrongful death mandating damages?

Your Ethics Alarms Ethics Quiz of the Day:

Was this settlement, whatever the amount, ethical?

I’ll launch the debate by saying that the city probably had no choice but to settle, as the sooner this whole catastrophe can get in the rear view mirror the better off the city will be. In the narrow sense, then, the settlement was in the city’s best interest and the responsible course.

Long term, however, I see nothing but bad results flowing from this result. If Wilson was not wrong, then Brown was at fault. If Brown was at fault, his family should not benefit. If Ferguson paid out a significant amount when its police officer behaved reasonably, then Ferguson just set a precedent that Black Lives Matter could have authored in its dreams.

If a black victim is shot by the police, it is  racism and a wrongful death per se, whatever the facts are.

The Supreme Court Rules Against Government-Enforced Political Correctness

The Supreme Court affirmed today that a Trademark law’s restriction on registration of disparaging marks violates the free speech guarantees of the US Constitution. In the case of Matal v. Tam, the Court (as Ethics Alarms predicted over a year ago) ruled that the government cannot legally  deny a trademark to companies or other applicants solely on the basis of the name being regarded as “offensive.”

Good.

The case concerned  an Asian-American band called The Slants, but the decision effectively settles the Washington Redskins’ fight to retain the trademark on its nickname. Harry Reid, also engaging in unconstitutional infringement of free speech, had his Democrats in the Senate send a threatening letter to team owner Dan Snyder, while the U.S. Patent and Trademark Office (PTO), taking its cues from the Obama Administration theme that race and victim-mongering  trumps basic rights, ruled that the Washington NFL team’s name was “disparaging to Native Americans,” and cancelled six of its federal trademark registrations. The team appealed that verdict, and team owner Dan Snyder has vowed not to cave to illegal bullying from the government.

Thanks to the ruling—did I mention that it was unanimous?—the PTO will begin allowing registration of disparaging marks and will not cancel Registered marks because they are disparaging.

The last time I addressed this issue, in December of 2015, I wrote,

“I would like to see Snyder fight off the unethical government speech bullies, foil the political correctness hordes, and then, after he hasn’t heard a peep about team for a couple of years quietly change the anachronistic team name on his own volition. It’s time. The message sent by capitulating to the activists trying to force him to change, however, would be the same dangerous message sent by today’s college administrators, which is that a claim of offense doesn’t have to be reasonable to effectively muzzle speech, just persistent.”

I also wrote, somewhat more passionately ,in an earlier post, Continue reading

Morning Ethics Warm-Up: 6/18/2017

1. After I criticized Prof. Glenn Reynolds for  his “tit for tat” reaction to the conservatives who disrupted the Central Park production of “Julius Caesar,” I noticed that he had posted a more moderate, ethical and responsible reaction to the same event, writing,

“I’d rather live in a world where this sort of thing wasn’t done at all. But it’s not clear that we’re better off living in a world where it’s done all the time, but only by lefties.”

Muuuch better, professor. Thank-you.

2.

This photo of a “teacher of the Year” being ostentatiously gay in a White House photo with the President was originally posted at the Huffington Post with the headline, “Gay Teacher Photobombs Trump With Fan.” Fake news, but never mind: the photo went viral with the teacher, Nikos Giannopoulos, being hailed for making a disrespectful gesture of defiance, since the LGBT community is committed to the narrative that the President is anti-gay. (He isn’t, but facts and the narratives of “the resistance” are not correlated.)

This account was unfair to both Giannopoulos and the President. I was ready to make him an Ethics Dunce—when you are a guest, you don’t set out to embarrass your host, President or not—until I checked the story. In an NPR interview, the teacher was asked about the President’s reaction to the fan, and replied,

In other words, both the teacher and Trump behaved impeccably, and the President displayed no hostility to a gay pride salute at all. Under no circumstances, however, can anything this President does or says be presented in a positive light. He’ll never be impeached that way. Continue reading