More than a dozen handmade stickers reading “It’s okay to be white” were posted around overnight in Harvard Square earlier as well as around the nearby Harvard Law School campus.
Law School Dean of Students Marcia L. Sells, who is black, wrote an email to law students in the wake of what Stephen King might call “The Stickering”:
“It seems likely that these anonymous postings, made in the middle of the night, were provocations intended to divide us from one another HLS will not let that happen here. We live, work, teach, and learn together in a community that is stronger, better, and deeper because of our diversity and because we encourage open, respectful, and constructive discourse”
Your Ethics Alarms Ethics Quiz of the Day—and watch your step!—is…
Do you think posting the stickers was unethical? Do you think the Dean’s response was responsible?
The legal commentariat is much amused by a case out of Louisiana involving the right to counsel. I don’t think it’s funny at all.
( Oh all right, it’s a little funny.)
Warren Demesme was being interviewed by detectives, not for the first time, about some alleged sexual misconduct with minors. He was read his rights, “Mirandized,” as they say, and said that he understood, and waived those rights. (He could, however, choose to invoke them at any time, per several Supreme Court rulings.)
At some point the interview got tense, and the suspect said,
“If y’all, this is how I feel, if y’all think I did it, I know that I didn’t do it so why don’t you just give me a lawyer dog cause this is not what’s up.”
He was not, however, given access to a lawyer, and when he appealed his subsequent conviction on the grounds that he requested legal assistance and was not accommodated, the lower court rejected his argument, saying that he had not made his desire for a lawyer clear and unambiguous. Incredibly, the Louisiana Supreme Court agreed, writing in part,
The defendant argues he invoked his right to counsel. And the basis for this comes from the second interview, where I believe the defendant ambiguously referenced a lawyer..As this Court has written, “[i]f a suspect makes a reference to an attorney that is ambiguous or equivocal in that a reasonable police officer in light of the circumstances would have understood only that the suspect might be invoking his right to counsel, the cessation of questioning is not required.” State v. Payne (La. 2002); see also Davis v. United States (1994) (agreeing with the lower courts’ conclusion that the statement “[m]aybe I should talk to a lawyer” is not an unambiguous request for a lawyer). In my view, the defendant’s ambiguous and equivocal reference to a “lawyer dog” does not constitute an invocation of counsel that warrants termination of the interview and does not violate Edwards v. Arizona (1981).
Right.
And the vote on the Supreme Court in favor of this indefensible ruling was 8 to 1. 8 to 1!
My son is named after this President, incidentally.
The quote itself is by Ron Chernow, the historian who authored the recent well-reviewed biography of out 18th President, “Grant,” “Hamilton,” the biography that inspired, we are told, the mega-hit musical. and “Washington” (won’t somebody send a copy to the fools at Christ Church?) was given to an interviewer as his description of another book, the Philip Roth’s historical novel “The Plot Against America”:
[A] democracy can be corrupted, not by big, blaring events, but by a slow, insidious, almost imperceptible process, like carbon monoxide seeping in under the door.
Some random thoughts on this statement, which I believe is exactly right, and a lot more interesting than the more frequently used analogy about boiling a frog slowly:
Grant, as Chernow’s book (among others of recent vintage) documents, was present at one of those points when democracy seemed to be in the process of being poisoned, and acted forcefully.
By 1868, when Grant was elected to succeed Andrew Johnson, who had done everything he could to allow the South to resist extending civil rights to the newly freed slaves, the KKK had evolved into a powerful terrorist organization that referred to itself as “The Invisible Empire of the South.” Under the Klan’s first “Grand Wizard,” the brilliant former Confederate cavalry general Nathan Bedford Forrest, whites from all classes of Southern society joined the Klan’s ranks. They attacked and punished newly freed blacks for crimes like behaving in an “impudent manner” toward whites, brutalized the teachers of schools for black children, and burned schoolhouses. It also terrorized and often murdered Republican party leaders those who voted for Reconstruction policies. In Kansas over 2,000 murders were committed as the 1868 election approached; in Louisiana, a thousand blacks were killed in the same period.
Grant entered office knowing that the Civil War victory could come apart. He made some bad appointments–Grant was naive about politics and trusted too easily—but his choice as Attorney General, Amos T. Akerman, was masterful. With Grant’s support, and the with the help of the newly created Justice Department under Grant, he vigorously worked to enforce the Fifteenth Amendment, which gave the vote to black men in every state, and the First Reconstruction Act of 1867, which placed tough restrictions on the South and closely regulated the formation of their new state governments. Between 1870 and 1871, the Republican Congress passed and Grant signed into law the Enforcement Acts, which made it a crime to interfere with registration, voting, officeholding, or jury service by blacks. Congress also passed the Ku Klux Klan Act, which allowed the government to act against terrorist organizations.
When I was growing up and becoming interested in the Presidents, a life-long passion that led me to both law and ethics, Grant was routinely listed as one of the worst in the line. All one heard from historians was about the financial scandals that rocked his administration. Grant’s great success in subduing the Klan was literally never mentioned. The main Presidential historian then was Arthur Schlesinger Jr., a member of Jack Kennedy’s inner circle. His job as he saw it was to minimize the contributions of any Republican President, like Teddy Roosevelt (“near great” in his rankings), Eisenhower (“below average”) and Grant (“failure’). Meanwhile, Woodrow Wilson, who dragged the U.S, into the first World War, botched the Versailles Treaty and who actively revived the Klan, being a stone-cold racist, was “great.” Naturally, I believed all of his distortions, which were largely those of the historians at the time, then, as now, often partisans and propagandists. It took me a while to realize that this had been my first encounter with the Left attempting to alter present perception by controlling the past.
That is one of the major sources of Chernow’s carbon monoxide today, except that the disinformation now emanates from the schools, colleges, and the news media. Continue reading →
1 Following a day in which various exigencies and responsibilities, plus fatigue and distraction, caused me to whiff on getting up at least three posts I thought were worthy of consideration, yesterday I failed to get any up at all. This makes me very unhappy, and I apologize. A fly-in, fly-out assignment in New York City had me up early and back late, whereupon I had my son’s birthday to acknowledge, the World Series to scrutinize and some aching feet to attend to. Priorities can’t be ignored, and being able to recognize when something you want to do and are devoted to doing just cannot be done well in the time allowed is a matter of life competence. Yet I hate failing loyal readers who care about ethics issues and rely on Ethics Alarms to explore them, and feel negligent when this occurs…fortunately, not very often.
Still too often, however.
2. The emergence of Hollywood director James Toback as a serial sexual harasser (at least) had me preparing a post about why theatrical directors are especially prone to this conduct. The gist of it was that in college, where participation in theater is often more social than aesthetic, directors forming romantic relationships with their cast members is neither taboo nor typically exploitative. Similarly, in community theater such relationships are not unusual or unethical, unless they interfere with a director’s artistic duties: casting an inferior performer because she’s your girl friend or because you want her to be is per se unethical. These are the cultures that produce many directors, and they enter professional theater, and later films, with bad habits that cannot be tolerated or continued in a professional context. Similarly, performers also come out of that culture. It may be difficult for some of them to comprehend that what is arguably acceptable in amateur settings is becomes unconscionable in a professional one.
However, this cannot explain Toback’s conduct. An astounding 200 plus women now say they were harassed or assaulted by him, and the list filled up in less than week. Compared to Toback, Harvey Weinstein and Bill Cosby seem restrained.
Actress Selma Blair, for example, says her agent arranged for her to meet Toback for a possible role in one of his films after her career had begun with promise. Blair says the meeting was scheduled at a hotel restaurant, but when she arrived the hostess told her that Toback wanted to meet in his hotel room. There, Toback asked her to perform a monologue nude, directed her to have sex with him, and said he would not let her leave until he “had release.” Then the actress says, he simulated sexual intercourse on her leg.
I begin my sexual harassment seminars by stating that the problem is one of ethics. If you have respect for human beings regardless of gender, if you are fair to people you interact with, if you are caring toward them and obey the Golden Rule, if you apply the three basic ethics alarms checks (“Does this seem right? Could I tell my mother about this? Would I want this on the front page of my local newspaper?”), then you won’t be a harasser. But I can’t begin to explain how someone reaches the point of depravity and utter contempt for women that he would behave the way Blair describes Toback behaving. This is, to understate it, uncivilized. Was he raised by wolves? I suspect even wolves would be horrified by his behavior. My father never had to sit me down at 13 and say, “Jack, it’s time for a talk. It’s never right to simulate sexual intercourse on a woman’s leg when she has come to interview for a job.” I didn’t need to be told this. Who needs to be told this who isn’t already a dangerous sociopath?
Somehow, the culture of Hollywood devolved to such a state that abuse of power and women became a social norm, and even conventionally acculturated adults had their values erased and replaced. That is the only way the Tobacks and Weinsteins could come to exist. That culture is now too sick and entrenched to be wiped clean by a few scandals. It is going to take a long time to change it, if indeed it can be changed. Continue reading →
1 Last week, Andrew Sullivan delivered a couple of excellent pieces of commentary with ethical clarity. My definition of an ethical analyst is one who can steer away from the magnetic pull of cognitive dissonance, and realize that, for example, just because Democrats and progressives deplore President Trump as much as you do doesn’t mean you have to regard their battiest and most unethical positions as better than they are. Sullivan qualifies. Here he is making what I once thought was an obvious point: that Democrats and progressives embracing open borders (and condemning as racist anyone who doesn’t) was irresponsible:
I don’t believe it’s disputable at this point that the most potent issue behind the rise of the far right in America and Europe is mass immigration. It’s a core reason that Trump is now president…[and the] reason why I have dwindling hopes that the Democratic Party will be able to defeat Trump in 2020. Instead of adjusting to this new reality, and listening to the electorate, the Dems have moved ever farther to the left, and are controlled by ever-radicalizing activists. There’s a nuanced, smart — and shockingly honest — piece in Vox by Dara Lind about this. Money quote:
For Democrats, it’s been a simple calculus. Democrats’ attempts at “tough love” centrism didn’t win them any credit across the aisle, while an increasingly empowered immigrant-rights movement started calling them to task for the adverse consequences of enforcement policies. Democrats learned to ignore the critics on the right they couldn’t please, and embrace the critics on the left who they could… Democrats in 2017, in general, tend to criticize the use of immigration enforcement, and tend to side with those accused of violating immigration law, as a broad matter of principle beyond opposing the particular actions of the administration … Democrats are no longer as willing to attack “illegal immigration” as a fundamental problem anymore.
This is, to be blunt, political suicide. The Democrats’ current position seems to be that the Dreamer parents who broke the law are near heroes, indistinguishable from the children they brought with them; and their rhetoric is very hard to distinguish, certainly for most swing voters, from a belief in open borders. In fact, the Democrats increasingly seem to suggest that any kind of distinction between citizens and noncitizens is somehow racist. You could see this at the last convention, when an entire evening was dedicated to Latinos, illegal and legal, as if the rule of law were largely irrelevant. Hence the euphemism “undocumented” rather than “illegal.” So the stage was built, lit, and set for Trump.
Let’s clear the runway; flights are being delayed…
1 Please, somebody do me a favor and read Fattymoon’s Medium piece on why he doesn’t comment here any more. Let me know what it says. I don’t know if it’s another “I hate Jack” web piece, but I have feelings too, and miles to go before I sleep. He should have posted it here, and assuming it is as quirky and thoughtful as many of Fatty’s posts were, I might have made it a Comment of the Day. Posting it elsewhere without a heads up is a Golden Rule breach.
2. Jamelle Bouie’s racialist demagoguery in Slate is an ongoing embarrassment to the once readable web-mag, and in a recent exchange on Twitter, he showed that he’s not too quick on the uptake either. Tweeting about the planned hit job on the President plotted by Rep. Wilson and an angry, grieving anti-Trump Gold Star wife. Bouie wrote,
“Trump and the White House have an unmistakable pattern of going after prominent black women.”
Quick! Hands: who believes that if the Democratic Representative who accused the President of being insulting on his condolence call had been a white male, Trump would have behaved any different? Anybody? This is Bouie personified: he will engage in race-baiting no matter how forced, unfair and absurd it is.
I’m not a Ben Shapiro fan, but the conservative pundit knows a hanging curveball in his wheelhouse when he sees one. He responded,
“Yes, McCain, Hillary, Barack Obama, Cruz, Jeb!, Rosie O’Donnell, Kim Jung Un are all black women”
And he didn’t even mention Bob Corker!
Exposed, owned, embarrassed and squashed, a wiser, smarter progressive would know enough to shut up and allow his idiocy to be gently wiped from cultural memory by the sands of time…like in about ten minutes. But no, Bouie shoots back,
“Nice. A retweet from Honest Conservative Ben “The genocide of Native people’s was Actually Good” Shapiro”
YES! A perfect example of a real, genuine, ad hominem attack, the kind that says, “I have no rebuttal for your devastating argument, so I’m just going to say that you’re personally horrible, so your arguments don’t count.” I’ve gotten so sick of explaining to commenters that their accusations of ad hominem are mistaken and ignorant that I put a warning in the Comments guidelines. “Your argument is idiotic, so I think you are an idiot” is not ad hominem (not nice, but not ad hominem). “You’re an idiot, so your argument must be idiotic” is ad hominem. Now I have a perfect example–from an editor at Slate! (If you think ad hominem is logical, then you are unqualified to be an editor, even if you aren’t a race-baiting anti-white bigot.)
Not surprisingly, Shapiro knocked this one out of the park too, tweeting,
“Thanks for the ad hominem non sequitur, guy who says every Trump voter is an evil racist”
3. If there was any doubt that John McCain’s recent escalation of his anti-Trump, burr-under-the-saddle, “I’m going to make you rue the day your denigrated my prisoner-of-war heroism” campaign is personal and motivated by revenge, his gratuitous swipe at the President’s deferment from the draft almost 50 years ago should eliminate it. That is personal, it is a cheap shot, it is intentionally disrespectful, and it is deliberately throwing raw meat to the President’s enemies.
It is also a Golden Rule breach: how would McCain react if Trump referenced the Keating Five scandal just to impugn McCain?
A lame duck who may well be dying, McCain has apparently decided that he can misbehave, settle scores, and undermine his party’s President with impunity. Somebody should tell him that he is dismantling his own reputation and legacy in the process, revealing himself as petty, vindictive, and willing to place his own vendetta over national interests and his duty as a U.S. Senator.
4. While we are mentioning embarrassment, it appears that the news media is not yet embarrassed by treating as substantive news the self-evident set-up and subsequent escalation of a non-incident into another manufactured anti-Trump race scandal . It should be. Imagine: yesterday all of the Sunday talking head shows gave far more time to this transparent hit-job than to the revived Russian influence allegations involving the Clintons. ABC and NBC have yet to mention that story at all; CBS, five days after it broke, gave a few seconds to it on “Face the Nation.” The excuses for this from journalists sound an awful lot like “Hey! We buried this story once; she shouldn’t have to report on it now.” FACT: As of this moment, there is more public evidence suggesting that Hillary Clinton was colluding to help the Russians than there is to suggest that President Trump did anything improper in that regard.
Back to the Rep. Frederica Wilson smear-job: The Congressional Black Caucus called for Chief of Staff John Kelly to apologize for his remarks defending the President. “We, the women of the Congressional Black Caucus, proudly stand with Congresswoman Wilson and demand that General Kelly apologize to her without delay and take responsibility for his reckless and false statements,” the female lawmakers said in a statement.
The wife of the late La David Johnson, meanwhile, has been making the rounds of talk shows. To recap: a woman who was determined to hurt Trump made sure that a Congressional Black Caucus member who had boycotted the President’s Inauguration was listening in on his condolence call, then collaborated on accusations of disrespect. When Trump denied their characterization–at best an example of likely confirmation bias if there ever was one —he was accused of racism, since both women are black. Then other members of the Caucus expanded the attack to Trump’s Chief of Staff, implying that he is racist as well.
This might have been a bit more convincing if the entire Caucus hadn’t declared their revulsion at Trump before he took office. Who believes that any criticism from this quarter is anything but cynical, political, and unfair? Meanwhile, as this was going on, esteemed CBC member Maxine Waters declared that she was going to “take out” the President, presumably not meaning that they were going on a date.
I note that even many of my Democratic, anti-Trump Facebook friends are rolling their metaphorical eyes at this one. Some of them—many, in fact— are still capable of feeling sympathy when a President is being mistreated.
5. I’ve been getting better at suppressing my head explosions, and just in time: Harvey Weinsteinhas supposedly completed rehab for his sex addiction already. What was that, less than a week? What an insult to everyone’s intelligence for Weinstein to say he was getting “help” for his “problem.” It couldn’t have been too much of a problem if it could be fixed in few days. The other side of the ethics coin is this: going into rehab has been the routine PR response whenever a Hollywood figure misbehaves. We should thank Harvey for making it clear for all time that this is often, perhaps usually, a cynical sham. Continue reading →
Say what you will about former President Jimmy Carter, he has never shied away from confronting what he believes are unpleasant truths. Thus he earns an Ethics Hero designation by telling New York Times columnist Maureen Dowd;
“I think the media have been harder on Trump than any other president certainly that I’ve known about. I think they feel free to claim that Trump is mentally deranged and everything else without hesitation.”
“Perhaps Carter is seeking to placate Trump as part of a job interview: The 93-year-old former president said he is willing to undertake a diplomatic mission to North Korea to discuss its nuclear weapons program.”
In a related and illuminating story, former NPR CEO Ken Stern, nine years after he left the taxpayer- funded radio news network, has suddenly realized that there may be some liberal bias in the news media! His op-ed for the New York Post begins,
“Most reporters and editors are liberal — a now dated Pew Research Center poll found that liberals outnumber conservatives in the media by some 5 to 1, and that comports with my own anecdotal experience at National Public Radio. When you are liberal, and everyone else around you is as well, it is easy to fall into groupthink on what stories are important, what sources are legitimate and what the narrative of the day will be.”
Gee, that’s kind of nice. What we usually hear from reporters, editors and media management is that the accusation of partisan bias, based on such overwhelming evidence that it makes a “beyond a reasonable doubt” standard look like a breeze, is just a Fox News myth, a conservative concoction and a false talking point. It would have been more nice, of course, if Ken Stern had come to this obvious conclusion and used his position to do something, rather than wait nine years and speak up when the average informed person reads his name on an article and thinks, “Who the hell is Ken Stern”?
I confess, I detest these too little, too late confessions of enlightenment, which are usually self-serving. I smell a book and an interview tour, don’t you?
Well, I won’t be reading it. Later in his conveniently tardy piece, Stern writes, Continue reading →
“In the event of an impending head explosion, immediately place both hands, fingers spread, firmly around your skull, applying pressure to both the top and the sides, until the pressure begins to subside…”
This could have been an Ethics Dunce, or an Unethical Quote of the Month. It was nearly a KABOOM!, if I hadn’t immediately clasped my hands, hard, over my skull when I read it, just in time to stop my brain from exploding. I also almost included it in draft post called A “This Helps Explain Why Trump Is President” Potpourri.
Upon reflection, I decided that a self-described “civil rights activist” tweeting this was so unethical, so ignorance-promoting, not to mention hateful, bigoted and sexist, that it deserved to stand alone.
An ethical, sane, democracy and American values-supporting “lady” , confronting such a curfew, would realize that a totalitarian regime had taken over, and either join a citizen rebel army, or get the hell out of the country. Yeah, I read the thread, being a “dude,” and realized that what passes for feminism in a lot of cases is misandry and hypocrisy. Also that what passes for a “civil rights activist” is occasionally a crypt-fascist who neither understands civil rights nor supports them.
Imagine if her tweet had substituted “African-Americans” or “Muslims” for “men,” and “dudes”, and “White, law-abiding citizens” for “Ladies.”
If Muscato is to be believed, and frankly, I wouldn’t believe someone who tweets something this stupid to tell me what number comes after “3”, Danielle is often featured in or on the New York Times, Time, CNN, NPR, and Rolling Stone.
…or, in the alternative, are you ready for some vague, annoying protest by a scattering of players during the National Anthem, and THEN some football?
This Comment of the Day is from me, Jack Marshall, blog proprietor and moderator.
I just finished writing it in response to a comment that I almost described as another incompetent quote; my comment begins with it. But that’s not really fair. What prompted this indeed is a spectacularly wrong quote, but still a useful one. This is the value (I hope) of discourse here. Even wildly misguided debate points can enlighten. This one enlightened me: now I know that the supporters of the NFL Kneelers are, beyond question, not processing reality, either out of confusion or ideological fervor. Their position does not make sense; it’s as simple as that. I have to read a clear, purposeful expression of a bad argument sometimes to understand what exactly is so wrong with it.
This is a depersonalized version of what I just wrote in the comment thread, which was a bit mean. (It also had some typos, which I think I fixed, and a couple of other edits.) Luckily, I know that the recipient, unlike some people, won’t sue me for hurting his delicate feelings, if in fact I did.
“Since when do one’s “deeply held convictions” give one the right to force others to live by them? No NFL viewer’s deeply held convictions are meaningfully threatened by this silent protest. They remain free to show respect to the flag in whatever way feels right to them. You are the one advocating for a restriction of the NFL players’ freedom of expression. And while that restriction is legal, it is neither ethical nor necessary. It is, in fact, petty and stupid.”
This is, honestly, willfully or naively obtuse.
The NFL players ARE restricted by the nature of their work and the business they work in. This is so simple.
I am a perfect example of the problem you seem incapable of grasping. I am the Customer. I go to entertainment, like everyone else who does, to be entertained. I do not go to be involuntarily shamed, “Woked”, harangued, persuaded, bitched to or proselytized, silently, verbally or symbolically. I’m not paying for that, and it interferes with my enjoyment, both substantively and as a matter of principle. If said entertainment advertises that “before the game/show.performance, the captive audience will be subjected to a brief but heart-felt statement by the players/actors/performers regarding [IT DOESN’T MATTER], I appreciate the candor, and I’m not buying a ticket. If establishments that grants me admission in exchange for my attention, patronage and hard-earned cash, pollutes my entertainment by allowing this non-entertaining content without notice, I regard it as a breach of our deal.
Remember, I ran a professional theater company, successfully, for 20 years. And the nice, often progressive actors, board members and staffers were always asking that we have a “curtain speech” urging the audience to contribute for this cause or that crisis, AIDS research, to help a member of the theater community who had been attacked by wolves or something equally terrible, or even to raise money for my company. My answer was always the same.
NO. NEVER. We do not take advantage of our audience that way, and exploit the fact that they are seated expecting a performance to force a lobbying effort on them, and it doesn’t matter if I agree with the cause or not. It’s wrong, It is in fact, the Saint’s Excuse. (Everybody Does It was also often cited.)
I wasn’t limiting anyone’s freedom of expression then, and no one is advocating restriction of the NFL players’ freedom of expression now. They can say and write whatever dumb (or not) thing they choose when they are not doing the job their employer is paying them to do. Continue reading →
Maurice Switzer said (no, not Mark Twain or Abe Lincoln), “Better to keep your mouth shut and appear stupid than to open it and remove all doubt.” This goes double, triple even, for celebrities in Twitter. The platform is a sinister cultural trap to expose the ignorance, stupidity, nastiness and bad judgment of famous people who have no idea just how foolish they are.
Hence the above jaw-dropping tweet by Seth Rogen, an occasionally amusing comic actor with dubious self-awareness. (He allowed himself to be cast as the Green Hornet, for example.)
