Rights

Americans: End This Slippery Slope Now, Before It’s Too Late.

/ Jack Marshall / 137 Comments

maggianos

Ethics Alarms has repeatedly inveighed against public accommodations that have attempted to discriminate based on customers’ social and political views. This growing phenomenon is part of the ugly legacy of division and and hyper-partisanship created by the Obama years, and it threatens to get worse. If we want an ethical society and a healthy culture, we have to unite and reject this undemocratic tendency quickly and emphatically. It literally threatens all of us.

The specific incident prompting this alarm comes from a restaurant in my region, Maggiano’s Little Italy in Chevy Chase, Maryland.

Last week, Maggiano’s was subject to a protest so vociferous that the restaurant has to shut down for the safety of employees and diners. The reason for the protest was that National Policy Institute (NPI), an alt-right group, was having a banquet there. In a grovelling e-mail to the community, Maggiano’s management wrote that

“We were not aware that NPI was dining with us or what the group represents. After the event, an attendee sent a tweet in which she made a “Sieg Heil salute” in support of Hitler and white supremacy. This expression of support of Hitler is extremely offensive to us, as our restaurant is home to Teammates and Guests of every race, religion and cultural background. We want to sincerely apologize to the community of Friendship Heights for inadvertently hosting this meeting, which resulted in hateful sentiment.”

When did it become required conduct for restaurants to investigate the liberal bona fides of a group before it could be granted leave to dine there? When did what a diner tweets after a meal become conduct a restaurant had to account for? If Maggiano’s can be bullied into apologizing for serving the NPI, why would serving any other group or organization that some group of self-righteous protesters find objectionable, fairly or not, pose a similar risk?

Put aside the Nazi salute: that’s inappropriate conduct in a public place, and the restaurant could certainly, and should, tell diners who behaved like that to leave. That’s not what the restaurant is apologizing for, however.  They are apologizing for hosting the group, despite its Constitutionally protected political views. Continue reading →

Ethics Zugswang And The Vicissitudes Of Moral Luck: The Rutgers Prof’s Scary Tweet

/ Jack Marshall / 18 Comments
Careless tweets matter...

Careless tweets matter…

Rutgers University lecturer Kevin Allred tweeted,

“Will the 2nd amendment be as cool when i buy a gun and start shooting at random white people or no…?”

The University had him arrested and sent to Bellevue mental hospital for a psychiatric evaluation.

His defenders, and of course Allred, say that his tweet was just a rhetorical question to make a point. The University says that he left them no choice, or no good ones, anyway.

They both are right. This is what comes of being in Ethics Zugswang, when one is thrust into  a position where no course of action is fully responsible, fair, and ethical.

The university decided that it could not responsibly assume that the tweet was benign and not a threat. What if the school did nothing, and Allred then  took high ground and became Charles Whitman 2016? Having him arrested, however, looks unfair and like a punitive reaction to free speech. There was literally no course the university could take that was completely ethical. Rutgers sacrificed its  teacher’s dignity for the safety of the students and to protect the institution’s liability.

The other alternatives—talking to him, shrugging it off as a poorly considered social media gaffe—placed the fate of the school and perhaps many students at the mercy of moral luck. These would seem like reasonable  decisions only if the moral luck dice did not come up snake eyes. Allred didn’t say “if” I buy a gun, he said when. He added race to the equation, and there are a lot of people who seem to be losing their grip in the wake of the election. What were the odds that he meant what he wrote? 100 to 1? 1000 to 1? 5000 to 1? Is it worth the remote chance that this was a warning of an impending catastrophe not to take the safe route, and have him arrested and examined? Is it worth gambling with students’ lives? Continue reading →

Ethics Quiz: Dr. Phil, Shelley Duvall, And Exploitation

/ Jack Marshall / 25 Comments

shelley-duvall

A 30-second promotional clip for today’s episode of “Dr. Phil” is disturbing, beyond question. It shows Shelley Duvall, from “The Shining,” “Popeye,” “Nashville” and other well-known films talking to the fake doctor about her mental illness.The syndicated advice show’s promo shows Duvall, almost unrecognizable, talking about how her “Popeye” co-star, the late Robin Williams, is alive and “shape-shifting.” She says she is being threatened by Robin Hood’s Sheriff of Nottingham, and that a “whirring disc” is inside her.

The ad ends with Duvall, 67, telling Phil McGraw, “I’m very sick. I need help.”

She certainly sounded like it, and looked like it too.

Now Dr. Phil is being criticized for exploiting a vulnerable mentally ill woman for her audience drawing powers. The daughter of Stanley Kubrick, who directed Duvall in her most famous role as Jack Nicholson’s terrorized wife in “The Shining,” is leading the charge. Vivian Kubrick called for a boycott of the popular daytime program, tweeting, “You are putting Shelley Duvall ‘on show’ while she is suffering from a pitiable state of ill health. Unquestionably, this is purely a form of lurid and exploitative entertainment — it’s appallingly cruel.”

Your Ethics Alarms Ethics Quiz of the Day:

Is it unethical for “Dr. Phil” to feature Shelley Duvall this way?

Continue reading →

The 2016 Election And Ethics Zugswang

/ Jack Marshall / 209 Comments

scylla-and-charybdis

In a July post I introduced the concept of ethics zugswang, described in the Ethics Alarms glossary as

From the chess term “zugzwang,” describing a board where the player with the next move worsens his position regardless of which move he chooses. Ethics Zugswang occurs when all the opportunity to choose ethical options has passed. Any course of action will have unethical consequences.

I often talk about ethics zugswang in my ethics seminars as well. It is a situation where  no ethical decision is possible, because of poor choices and a failure to play competent ethics chess, not thinking ahead, not anticipating worst case scenarios, and thereby creating a situation where  ethical options are unavailable. All that is left are options that do tangible harm. The idea is to avoid such messes by not blundering through life being governed by non-ethical considerations, emotions, rationalizations, recklessness and ignorance. Sometimes, however, despite all of one’s best efforts, ethics zugswang arrives anyway.

Such is the plight of the American citizen on Election Day, 2016. For months, thoughtful voters who care about democracy and want to participate in choosing their President responsibly have been trying to decide which of several unethical decisions is the best—the most ethical, or rather least unethical– of the available options. Being angry or indignant, or holding one’s breath until one turns blue, will not do. A decision has to be made, and refusing to make a decision is still a decision. (In chess, the most common response to ethics zugswang is to resign, to quit. But one cannot quit being a citizen in a democracy.)

In past posts, mostly in the comments, I and others have exchanged proposed analogies to describe the choice between choosing Hillary Clinton or Donald Trump to lead the country. Arguing that it was a binary choice that could best be compared to having one’s commercial airline flown by an untrustworthy pilot of questionable skill, motivations and objectives or, in the alternative, a seven-year old, a monkey or a spaniel, my position was that one choice was terrible and the other was infinitely worse, but the terrible one as at least survivable, with luck. Classical literature provides another useful analogy: the myth of Scylla and Charibdis.

In Greek mythology, they were two immortal and deadly monsters who lived on opposite sides the narrow waters in the Strait of Messina, between Italy and Sicily. Odysseus, trying to return home after the Trojan War,  faced the dilemma posed by having to choose between them in Homer’s Odyssey, Book XII. Scylla had been a lovely a sea nymph who was loved by the sea god Poseidon, but Poseidon’s jealous wife Aphrodite treacherously cursed the waters in which Scylla bathed. The god-poisoned water turned Scylla into huge and vicious monster with twelve legs, six heads on long, snaky necks, with each head having a triple row of shark-like teeth. The transformed Scylla’s loins were also covered by the heads of baying dogs. (Note to self: don’t mess with Aphrodite!) When ships passed close to her, Scylla’s six heads would each snatch one sailor, then devour them in her cave.

Charybdis was also once a nymph, a daughter of Poseidon, who angered Zeus, Poseidon’s brother. Zeus turned her into an even worse monster than Scylla. The transformed nymph lurked under a fig tree on the opposite shore from Scylla’s rock, drinking down and belching out  the sea three times a day, causing  fatal whirlpools no ship could survive. Odysseus managed to get the worst of this dual  monster dilemma, sailing close enough to Scylla to doom six of his sailors (who he never warned about the threat) and still seeing his chip wrecked by Charybdis, with him being the only survivor. The shipwrecked Odysseus barely escaped her clutches by clinging to a tree until the improvised raft that she swallowed floated to the surface again after many hours.  To be “between Scylla and Charybdis” means to be caught between two equally horrible alternatives.

As today loomed and this metaphor appeared more and more accurate, I sought wisdom from various versions of the story, only to gradually realize that I was not as certain as I once had been which candidate was which monster. Continue reading →

Donald Trump: A Pre-Election Ethics Alarms Character and Trustworthiness Review: 2005-2016 [UPDATED]

/ Jack Marshall / 33 Comments

trump-mocks-disabled-reporter-cnn-usa-today

Donald Trump has no character or trustworthiness. Next question?

Oh, all right, in the interests of equity and fairness, I’ll submit The Donald to the same process as I did with Hillary Clinton, though in his case the verdict is res ipsa loquitur. Trump’s lack of ethics and his unfitness to fill the shoes of Washington, Lincoln, Teddy, FDR, or Millard Fillmore is, or should be, self-evident. Those for whom it isn’t self-evident are either ignorant, devoid of values themselves, or intentionally seeking to harm the United States.

I’ve been writing about the awfulness that is Donald Trump since 2005. He was noted for his dishonesty on my Ethics Scoreboard when I called foul on his marketing “various ‘get rich’ products, including tapes, seminars, and “Trump U,” an on-line delivery system for more of the same.” I wrote in part…

There are thousands upon thousands of Americans who started with meager resources and made themselves rich through talent, hard work, creativity, inventiveness, and some luck. …Not Trump. The success of his pitch to the desperate wannabes and clueless is based on their erroneous assumption, nurtured by Trump but not explicitly supported by him, that he can teach them to do what they think he did…make himself rich through hard work and a business savvy. But what Trump is best qualified to teach is how to make yourself richer when you inherit an established business and have millions of dollars plunked into your waiting hands after your Dad has sent you to Wharton.

The fact that Trump doesn’t lie outright about his background but simply allows his marks to jump to the wrong conclusions puts his “get rich like me” marketing efforts in the category of deceit…but deceit is still dishonesty. Trump undoubtedly has useful wisdom to impart about building a successful career; it’s not as easy to stay rich as some people think. Ask most state lottery winners. Still, the most vivid lesson of Donald Trump’s successful campaign to sell himself as a self-made billionaire is the lesson that 19th Century con-man Joe Bessimer pronounced more than a century ago: There’s a sucker born every minute.

So we knew, or should have known, that this was a con artist at least back eleven years. In 2006, I posted on Trump’s misogyny and incivility, writing about the first outbreak of his feud with the equally vile Rosie O’Donnell, and their public name-calling…

Rosie set off the exchange by suggesting on ABC’s “The View” that Trump’s recent assumption of the role of moral exemplar by chastising and threatening to fire the reigning Miss USA for being a party-girl was more than a little ridiculous, given his own well-documented penchant for fast women and extra-marital affairs. Sometimes Rosie’s full of beans, and sometimes she gets it right; this time she was right, but spoiled it by concluding her commentary with some unflattering name-calling. Trump, no girly-man he, immediately said he would sue O’Donnell, and then launched into an extended riff on how unattractive and fat she was, including the charming phrase, “pig-face.” Classy as always, Donald…. Yes, anyone who admires either of these two annoying characters already has a problem, but there is no escaping the fact that both are celebrities, and as celebrities they contribute to establishing cultural norms of civility and conduct. This is especially true of Trump, who despite his low-life proclivities is a successful business executive. Resorting to personal attacks on an adversary’s weight or appearance is disrespectful, unfair, cruel and indefensible. Doing so on national media is like firing a shotgun into a crowd. There are a lot of fat or unattractive women out there, Mr. Trump, who are smart, generous, productive, loving, intelligent people… Golden Rule, anyone? How are we to convince our children not to ridicule the personal traits of others, when those they see as rich, famous and successful do the same openly, shamelessly, and even gleefully?

You can imagine my continued amazement that ten years after writing this rather obvious assessment, without Trump having undergone a complete transformation, and indeed with his conduct and public statements becoming worse rather than better, we are on the eve of a day that may live in infamy as the moment democracy  completely failed the United States of America, inflicting on it, and the world,  as unstable and unqualified a leader of a great power as history has ever witnessed. Continue reading →

Halloween Ethics Meets Campus Ethics Meets The First Amendment, And Stupidly, Too

/ Jack Marshall / 35 Comments

costume-lunching

I didn’t want to write about this, as I am having to defend too many jerks of late,but multiple readers have flagged it, and besides, there hasn’t been a good Halloween costume controversy this year. This one isn’t good, but it will have to do.

During the University of Wisconsin football home game against Nebraska, one fan in faux prison garb wore a mask of Democratic presidential nominee Hillary Clinton over his face, and a mask of Obama on the back of his head, as another person wearing a mask of Republican nominee Donald Trump held the end of a noose that was looped around the Hillary/Obama individual’s neck.

Key points:

1. It was Halloween weekend. Costumes were not out of place.

2. It was a two person costume, and an incoherent one that would support multiple interpretations. Was it an attack on Trump, accusing him of being racist or wanting to harm Hillary? Was it an endorsement of Trump, arguing that Hillary should be punished? Was it intended to evoke lynching imagery? Was it saying that Hillary was the equivalent of Obama? A sign worn by Hillary/Obama, which nobody who wasn’t close up could read, concluded, “Bernie 2016.”

3. This was unequivocally political speech, whatever it was supposed to mean.

4. The University has some discretion to forbid expression and conduct at a sporting event that risk creating violence or that are objectively uncivil .

5. Anyone who uses lynching imagery in public, in any connection to a back public figure, or any African American at all, is an asshole at best. This is a public event intended to be entertaining and a family-friendly activity. Using it for political theater is obnoxious. The civil place for this costume, if anywhere, was in front of the stadium, on the sidewalk. Continue reading →

As We Watch The Hillary Corrupted News Media Today Facilitate Her Campaign’s Furious And Desperate Attack On James Comey, Let Us Not Forget What The Real Threat To The Election’s Integrity Is…[UPDATED]

/ Jack Marshall / 33 Comments

pointing-up

…and that would be the dangerous alliance between the party controlling in the White House and the organizations and individuals trusted by the public to fairly and objectively inform it sufficiently to make a responsible choice.

I’ll be covering the astounding wave of disinformation, distortions and unethical conduct by those who should know better in the ongoing effort to crucify James Comey in a bit. Meanwhile, another Wikileaks hack provides some more perspective on the perils to democracy posed by the Democratic Party’s and the Clinton organization’s belief that cheating is an acceptable way to obtain and keep power.

As Ethics Alarms pointed out, DNC Chair Donna Brazile melted into sputtering protests, denials and gibberish when confronted with the clear evidence, via a Wikileaks hacked e-mail, that she unethically used her position at CNN to pass along a question to Hillary Clinton in advance of a CNN town meeting, so Clinton could prepare an answer in advance (and pretend that she had no prior knowledge of the question. This kind of lie, and it is a lie, never makes it onto the lists when Hillary enablers claim that Trump lies more than she does.) She would never do that!, Donna postured.

Another e-mail, from the same source, shows that this too was a lie.

In the latest revelation, Brazile, still working for CNN and bound by journalism ethics, told Hillary what question was on the way, and identified the questioner:

donna-b-tweet

“Rigging,” anyone? Continue reading →

Chilling Speech And Expression At Smith: The Scariest Thing About This Is Not The Story Itself, But That Alarm Over It Is Not Bi-Partisan

/ Jack Marshall / 44 Comments

phone-call

Students at Smith College now have access to an anonymous 24 hour bias hotline and online portal for reporting what the complaining caller regards as bias, discrimination, and harassment. These offenses can be whatever a student thinks it is.

The service will be run by EthicsPoint, a  service used by prestigious institutions like Amherst College, Tufts University, and Brown University. The conduct being reported doesn’t have to be illegal,  Smith says,  only “unfair,” “uninvited,” or “unwelcome” as well as what someone regards as “bigotry, harassment, or intimidation.”  Expressing support for the Republican nominee for President, for example, risks being called “bigotry.” A forceful argument that it isn’t bigotry might be taken as intimidation.

According to the EthicsPoint reporting portal, misconduct can include “but is not limited to, slurs, graffiti, written messages, or images.” A Smith College spokeswoman  told Campus Reform that “Smith has adopted EthicsPoint—a service used by more than 800 higher education institutions around the world—as a supplement to, not a replacement for, existing in-house options.”

This is an “everybody does it” excuse for the inexcusable, indeed, for the totalitarian. Since the reporting portal does not require a login, anyone, regardless of whether they are students or affiliated with the college, can report a student for being “offensive.”  Articles about this Orwellian development express concern that it might lead to self-censorship and chill free speech. Gee, do you think so? Of course this “report your classmates for non-conforming ideas that offend you” system chills speech. It is intended to chill speech. After four years under such a system, a typical Smith student should be completely conditioned never to speak or, better yet, think non-progressive thoughts. Continue reading →

More Clown Ethics: The County That Banned Bozo

/ Jack Marshall / 9 Comments

bozo

An alternate title was “The County Run By People So Ignorant Of The Constitution That They Think You Can Tell People How To Dress And Who Will Be Easy Pickings When The Democrats Decide To Ban What They Decide Is “Hate Speech,” but I thought it was a little too long.

The mass Ethics Dunce in question is Mississippi’s Kemper County, which in response to the evil clown hysteria embarrassing the nation almost as much as the evil Presidential candidates hysteria, enacted a clown ban this week, forbidding people from dressing as clowns until after Halloween. Anyone caught in public wearing a clown costume, mask or makeup will face a $150 fine.

This is, of course, ironic, since any elected officials voting for such a ban are, by definition, clowns themselves.

County supervisors president Johnny Whitsett justified this overly broad law and per se violation of the Constitution as a matter of public safety because, he said, people “could react badly if they get scared by a clown in their yard.” Wait: how does my wearing clown shoes and a red nose in my yard scare someone in their yard?

Boy, I can’t wait until I am retired, rich, and at leisure to go down to future Kember Counties and get arrested for being dressed like Bozo.

In these tiny, trivial, stupid examples of elected officials proving themselves ignorant of our rights and protections are the seeds of the destruction of American liberty.

Meanwhile, non-government entities, which are legally free to reject the principle of free expression but not ethically free to get away with it, at least on this little corner of the Internet, have revealed their own censorious clown DNA. Target, for example, has removed clown masks from its stores and website. “Given the current environment, we have made the decision to remove a variety of clown masks from our assortment, both in stores and online,” the Big Box chain announced through a spokesman.

This is consistent with the current reasoning of the increasingly totalitarian left on guns and other commodities, that if a small minority of citizens abuse a product or right, the rest of us have to do without. Again, I look forward to my future career as the Ethics George Soros, funding nation-wide Scary Hair Dryer User  hoaxes to see if Target will ban hair dryers too.

In The Latest Episode Of “As The News Media Disgraces Itself,” Chris Cuomo Reveals Himself As An Incompetent Fool

/ Jack Marshall / 18 Comments

The public cannot trust what the star lawyer-anchor of a morning news program on a major news network says about the law with utter certainty.

The public cannot trust the major news network to correct the false information so conveyed in a timely fashion.

The public cannot trust that major news network.

Unproven hypothesis: The public cannot trust any news network.

Never mind the hypothesis, however. Let us just deal for now with the lawyer/host/news anchor, Chris Cuomo, his inattentive network, and this ridiculous statement he uttered as authoritative fact last week:

”Also interesting is, remember, it’s illegal to possess these stolen documents. It’s different for the media, so everything you’re learning about this, you’re learning from us.”

What?

“So everything you’re learning about this, you’re learning from us” would appear to state that it’s illegal for the public to even read the hacked e-mails, which anyone can do here. That can’t be right, and of course is nonsense: anyone can read anything that is available on the web. It is also a sinister theory, claiming that we have to rely on the interpretation, selective reporting, spin and biased analysis of media hacks like Chris Cuomo, because the law says we can’t download or read such material ourselves. Where did  Cuomo, a licensed lawyer, get a crack-brained idea like that? More important, why couldn’t he figure out it was ridiculous using common sense? A law degree is hardly necessary, if one thinks for a few seconds.

Continue reading →