2020: In Which The Conundrum Is Posed, “Can A Warmed-Up Warm-Up Still Be Called A Warm-Up?

January 19, 2020January 19, 2020 / Jack Marshall / 23 Comments

Hmmmm…

Well, that was strange. Yesterday’s warm-up turned into the long post about Judge Staton’s disturbing dissent, and by the time I had finished it and the previous “fake news” compendium, my window for getting the Saturday Warm-Up up had slammed shut. Today’s Warm-Up is largely made up of the items that were wiped off the board by the Obama-appointed judge’s “whenever the courts really, really think national policy should be different from what it is, they have the power to change it by edict” opinion.

1. Sausage biscuit ethics. I’m fond of sausage biscuits for breakfast, but the 7-11 variety have a garbage-y taste, and the sole local McDonald’s that I’m not boycotting for ethics transgressions is mobbed in the morning. Of the frozen variety, I will not patronize a company, Jimmy Dean, which uses its dead founder as a TV spokesperson without pointing out that he’s dead. Over the holidays, I tried a lesser and much cheaper brand of frozen sausage biscuit, Tennessee Pride, and they were good enough.

Yesterday I bought another box. When I pulled out a bag of two “sausage biscuits,” I saw that the sausage was sitting between two small buns, unlike the contents of the previous box. Buns are not biscuits, but the label on the box read in large type, “Sausage Biscuits.” I did notice, however, that the photo on the box showed buns.

Would that fact be a complete defense against an accusation of false labeling? I doubt it, but it doesn’t matter. “Fool me once” is once too many.

2. Res Ipsa Loquitur: “an informed public.” Twitter user @Golfergirl2018 shared a post she saw on Facebook, written by someone who sympathizes with antivaxx parents (you know…morons) who don’t want to put “chemicals” in their kids. “I think instead of chemical shots the doctors should give a small piece of the virus, so the body can build immunity,” he wrote.

BRILLIANT! Why didn’t someone think of that long ago?

Yes, it is unethical and irresponsible to publish opinions on topics you haven’t researched, don’t understand, and know nothing about. I wonder how many social media posts would survive if this were recognized as a rule of commentary? Continue reading →

Afternoon Ethics Refresher, 1/15/2020: Firing, Tweeting, Protesting, Talking Friends Into Suicide…

January 15, 2020January 15, 2020 / Jack Marshall / 35 Comments

Hello?

Traffic here inexplicably dead yesterday and today. Is there a secret ethics convention nobody told me about? There is, isn’t there? I’m hurt…

1. It’s too bad so many readers don’t pay attention to the baseball posts, because a lot of fascinating ethics issues with general applications arise…like right now. Yesterday, as already mentioned in an update to yesterday’s post and a couple of comments, the Boston Red Sox “parted ways with Manager Alex Cora by mutual agreement.” (He was fired.) In a press conference I just watched, the Red Sox brass said that Cora, who was both successful and popular in Boston, was let go solely because of the MLB investigation report regarding his involvement in cheating while serving as a coach for the Houston Astros in 2017, and the allegations of cheating while managing the Sox in 2018, still under investigation, played no part in the decision. What they meant is that the Astros cheating was going to result in a long suspension for Cora anyway, so the team didn’t need to wait for the bad news regarding his cheating in Boston.

The weirdest thing about the press conference is that none of the four Sox officials would do anything but praise Cora, his character, his judgment, his dedication to the team, his devotion to baseball. Gee, why did they fire this saint, then? Alex Cora’s character is obviously flawed, or he wouldn’t have masterminded major cheating schemes that cost the Astros 5 million dollars and four key draft choices while losing the jobs of two men who advanced his career. Cora’s judgement also stinks, because his actions have now cast a shadow over two teams, their championships, and the records of the players his schemes benefited.

If he was so dedicated to the team, why is it now facing a public relations and competitive disaster because of his actions? If he was devoted to baseball, how did he end up at the center of a scandal that undermines the perceived integrity of the game? Continue reading →

Morning Ethics Warm-Up, 1/13/2020: Oh Oh! The Oscars Are Racist And Sexist Again!

January 13, 2020 / Jack Marshall / 9 Comments

“I love the smell of napalm in the morning!”

1. Thoughts on the announced Oscar nominations. Well, very few African Americans made it, and no female director despite all the blatant lobbying for “Little Women” director Greta Gerwig. Thus I have to conclude that the Academy of Motion Picture Sciences DOES have a measure of integrity after all, because it will catch all sorts of hell for this. Even after adding many voters “of color” and kicking out some ancient, unwoke voters members, it’s still a mostly white field, maybe because the most deserving candidates happened to be the wrong color this year. It doesn’t matter: the Academy will be beseiged again for implicit racism. Watch. And it will seek “reforms.” The problem is that race-based categories looks like apartheid. The only other alternative is to have secret quotas, which is what I thought were already in effect.

It doesn’t help that both Al Pacino and Joe Pesci were nominated as Best Supporting Actors for, in Pacino’s case, standard issue Al, and in Pesci’s case, an embarrassingly flat performance. If the Academy is going to give out legacy nominations, why not some token nominations for minorities? I bet there were 50 “of color” performances this year objectively superior to these two from the dead-fish “The Irishman.”

2. It amazes me that so many Americans defend Meghan Markle’s “Megxit.” I know, I already wrote about this, but her conduct appears to be a continuation of the Obama phenomenon, where a prominent individual exploits her race to declare all criticism as based on racial bias. “Black Britons” as the New York Times calls them, are lining up to support Markel because they allege she was “savaged” by the British tabloids because of her race. Similarly, the Times finds dark implications in the fact that the Royal Family didn’t rally to her side when she came under fire: they must be racists too. All the evidence I’ve seen suggests that they didn’t support Markel because she’s an annoying jerk: Occam’s Razor applies.

If she really married into the Royal Family and didn’t know that the tabloids would be dissecting her every word and move, she was negligent and foolish. Did she consider chatting with Sarah Ferguson, or did Markle think the Duchess of York was attacked because of media bias against redheads?

For once I agree with ex-CNN talking head Piers Morgan, who wrote, “I’ve seen some disgraceful royal antics in my time, but for pure arrogance, entitlement, greed and willful disrespect, nothing has ever quite matched the behavior of the ‘Duke and Duchess of Sussex.’

She has provoked a crisis in the monarchy to further her own goals of unearned mega-celebrity. I have a Facebook friend who argues that since royalty is unethical, Meghan should be praised for setting out to bring it down in England. (Yes, he’s a Communist.) The real Markle is already becoming more apparent. She has said that she will only move back to the U.S. after President Trump is out of office, already pandering to the Angry Woke. Disney announced that it had a voice-over deal with her, with her compensation to be donated to a charity….but she made that deal as a Royal, not a rebel. Disney has the right, but not the guts, to void the arrangement. Continue reading →

Comment Of The Day: “Ethics Quiz: Santa In A MAGA Cap”

December 17, 2019December 17, 2019 / Jack Marshall / 6 Comments

The issue of whether a mall should have fired a long-time Santa who posed for gag photo in a MAGA cap inevitably invited comparisons with the Naked Teacher Principle, which holds “that a secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.” There are many variations of the NTP, including the recently visited Naked Congresswoman Principle, which cost Rep. Katie Hill her seat.

The question: Is there, or should there be a “President Trump-supporting Santa Claus Principle?

Here is Alizia’s Comment of the Day on the post, “Ethics Quiz: Santa In A MAGA Cap”…

“I think this one might fall into The Naked Teacher Principle.”

I think I can understand why you would say that, but I think there are a few problems with that assessment. I will try to explain:

First, a school teacher who engages in sexual misconduct, is transgressing in a limited area. Our social norms — though this is changing of course — does not allow teachers of children to appear to be loose sexually. Long ago, and more especially for women who were teachers — and mostly women were teachers — it was part of cultural norms that a teacher have a ‘chaste appearance’.

But in a sense there is no issue of ‘speech’ involved when and if a teacher posts a naked photo. That is, there is no ‘speech content’ or political opinion expressed. If there is a ‘speech’ issue it is only of a vary limited sort.

The Santa who had his photo taken with a Trump hat should never have had to apologize to anyone. He was completely free to take such a photo of himself. There is no possible argument that could be brought out in a so-called free society that could successfully take the man’s right away. Continue reading →

Sunday Ethics Reflections, 12/15/2019: Bad Film Criticism, Bad Journalism, Bad Honors…And Some Really Stupid Stuff Too

December 15, 2019December 15, 2019 / Jack Marshall / 49 Comments

The late, great, Jerry Vale..

(Also known as “the mob’s favorite tenor”…)

1. And speaking of Martin Scorcese movies, since Jerry Vale is alluded to in several of them…”The Irishman” has been viewed on Netflix by many of my showbiz friends, and most, while complaining about the film’s length, have declared the performances “brilliant.” This reaction, is, I think, bias at work, the so-called “halo effect.” It’s the same phenomenon I witnessed in the D.C. theater community, where certain actors, directors and big theater companies were routinely called “brilliant” in their efforts, when in truth, the exact same product presented by artists with lesser reputations would be shrugged off or ignored.

The three veteran stars of “The Irishman” are being praised by critics across the board, but in truth, with the exception of Al Pacino, they seem weary and channeling earlier, better performances. This is especially true of Joe Pesci, who shows none of the energy we associate with his best performances, and the script requires him to run the gamut of emotions, as the old joke goes, from A to C. He’s as old as Joe Biden, and looks and acts every inch of it, though his character is supposed to be younger. Scorcese has used tech wizardry to give De Niro a younger face when necessary, but it still sits on top of his 80-year-old body. and there is nothing in De Niro’s act that we haven’t seen over and over again (though not so much lately, as Bob has been collecting checks for bad movies in which he appeared to be “phoning it in”).

Pacino, as Jimmy Hoffa, is lots of fun as usual, but he doesn’t appear to be trying to be convincing as the mysteriously disappeared labor boss, who was 62 with he vanished. Pacino is 79. How could anyone call Pacino “brilliant” as Hoffa? Jack Nicholson was far more convincing in the film “Hoffa,” and Pacino isn’t significantly different than he was playing a Hollywood agent in “Once Upon A Time In America.”

It must be nice to reach that stage as an actor when you get paid big checks just to show up, like Marlon Brando in “Superman.” Especially if everyone is going to say you were brilliant.

2. And now for something completely stupid. This is remarkable in the dual category of incompetence in one’s chosen pursuit (theft) and unforgivable ignorance regarding social media. Arlando Henderson, 29, who worked for a bank in Charlotte, North Carolina, stole money from his employer’s vault at least 18 times, for a grand total of $88,000. He was apprehended and arrested after posting about his robbery hobby on Facebook, including posts showing his new Mercedes-Benz, and this one…

You know, if someone is this stupid, ethics alarms hardly matter…

3. Surely we are missing some crucial information here...The New York Giants, in the midst of a horrible season, fired veteran cornerback Janoris Jenkins last week. Why? He was engaged in an argument with a fan on social media who objected to Jenkins posting his personal stats after a game that his team lost, and wrote,

“I only can do my job.. retard. Continue reading →

Ethics Quiz: Santa In A MAGA Cap

December 14, 2019July 27, 2024 / Jack Marshall / 32 Comments

Frank Skinner, who has played Santa Claus at a mall in Waycross, Georgia for 50 years, says he was nearing the end of a long shift with kids on on and off his knee and the mall was finally empty. For fun, he put on a MAGA cap as he sat in his Santa chair and took his own photo. Then he shared it for friends on his Facebook page.Predictably, some jerk sent it to the mall’s management with a complaint.To be clear, the picture didn’t show Santa reading Hustler, or feeling up a busty co-ed, or snorting coke. It showed him wearing the campaign cap of the President of the United States.

The mall responded, “We apologize for this occurrence and will be addressing this right away. The Mall at Waycross does not support any specific political party. Thank you for bringing this to our attention. Kindly, Mall Management.” Then the mall’s manager told reporters that the posing of the photo was “done completely without our knowledge” and added that “it’s safe to say he will not be wearing this hat around here. This particular Santa has been replaced.” Frank was fired.

Your Ethics Alarms Christmas season Ethics Quiz of the Day is…

Was the mall’s action fair and responsible?

Continue reading →

Morning Ethics Warm-Up, 12/4/19: Trump Derangement And The Bad Guys

December 4, 2019December 27, 2019 / Jack Marshall / 11 Comments

Good Morning!

1. Quote of the Day: David Bernstein on Instapundit: “What do you call a candidate pool with too women, a gay man, a jew, a half-Jew, and a Catholic? If you’ve drank a certain type of Kool-Aid, you can this “not diverse”–even though there has been only one Catholic president, and no gay, Jewish, or woman presidents. The obsession with arbitrary and artificial “official” minority status may be the single worse feature of the modern chattering classes.”

Well, of course the problem is “white”: the Democratic party has been demonizing whites for years, and anti-white bigotry is accepted and even cheered. I also disagree that the “obsession with arbitrary and artificial “official” minority status may be the single worse feature of the modern chattering classes.” I can think of worse features, but it’s certainly a bad one.

2. Now THIS is Trump Derangement!Long time Leftist wacko Amanda Marcotte persuaded the fast-sinking Salon tp publish her screed headlined, “How Donald Trump ruined Christmas: I won’t celebrate this year, and he’s why: My enthusiasm for the Christmas season was always weak. Amid the ugliness of Trump’s America, it’s disappeared.”

Her lament fits squarely into Big Lie #5 (“Everything is terrible.”) What is amusing and telling is that even though Salon’s readership is as hard left as the site, virtually every comment on her piece is negative. Here is the first one to come up, but the rest pretty much echo it:

Summary: The author is an atheist who doesn’t even believe in the central premise of Christmas, doesn’t have a great relationship with her family, and never really put forward an effort to celebrate the holiday in the past, but somehow Trump has ruined Christmas. She still likes Thanksgiving, however, because it has fewer cultural attachments.

Reaction: How in the world something this mind-bendingly stupid managed to get published by a major company is beyond me, and it’s an example of how the fanatical left has adopted a rhetoric of self-perpetuating trauma around this presidency. “How dare you vote for Trump because it makes me sad! Yes, linoleum makes me sad too, but especially Trump!” It is as if, somehow, they consider the rest of the country responsible for making sure that no part of their eggshell-tranquility is maintained, regardless of the fact that their fragility is entirely of their own making. News flash: No one cares.

Continue reading →

Morning Ethics Warm-Up, 11/4/2019: Ethics Alarms Threats, Lawsuits, Censors And Foes

November 4, 2019 / Jack Marshall / 24 Comments

Good morning!

I’m hoping that I can get back on a more regular schedule soon, and I want to express me thanks for everyone’s patience with the unexplained gaps in commentary and the “warm-ups” that have been turning up ad odd hours of the night.

1. Ethics Alarms defamation suit update! The banned Ethics Alarms commenter whose feelings I hurt received notice that his appeal of the trial judge’s rejection of his absurd defamation claims was rejected, as was his motion to file a non-conforning brief, and his motion for sanctions against me as a Massachusetts lawyer. Within minutes he had filed a motion for reconsideration. This, of course, requires me to file a response. It is vengeance by pro se abuse, of course, and wildly unethical, but I assumed this was what I was in for.

2. More “Welcome to my world!” notes. A Democratic candidate for Congress in Michigan whom I referenced as an aside in this post in June about one of Rep. Ocasio-Cortez’s dumb tweets invaded my in-box last night to ask that I take down the post, saying in part,

I am sending this email to you to formally request that you remove my name from this website. As you are aware AOC has received a number of death threats. I am a candidate running for Congress in Michigan and I recently had someone shoot a bullet through the window of our headquarters. We are in the process of getting security however your decision to place my name on a website with someone who is constantly in danger [is] extremely dangerous to my safety and the safety of others. I have contacted the police & I am also in the process of contacting the FBI. I will be certain to point out your website.

To which I said, in essence, “Bring it on.” I don’t respond well to threats, especially stupid ones. This party really does have a problem with free speech, doesn’t it?

3. Here’s why I don’t belong to the American Bar Association…President Trump’s Ninth Circuit judicial nominee Lawrence VanDyke was called arrogant, lazy, ideological and an anti-LGBTQ bigot in the American Bar Association’s official evaluation of his qualifications for the post. This was based on accusations against the nominee from unnamed associates, sniping at him from the shadows of anonymity.

“Absolutely outrageous and couldn’t be further from the truth,” protested Nevada Attorney General Adam Laxalt. VanDyke served as state solicitor general under Laxalt, Others interviewed by the ABA for the reports said that their positive recommendations were greeted with perfunctory indifference by ABA personnel. Joseph Tartakovsky, Nevada deputy solicitor general for three years under VanDyke, said his ABA phone interview lasted seven minutes at most, during which “it was clear to me that she was going through the motions.” Tartakovsky said he was “surprised and dismayed” when he read the ABA’s critical letter, as he gave VanDyke a strong recommendation, saying he was an “exceptional lawyer” and “born to be a judge.”

I don’t know anything about VanDyke, who could be a legal genius or a judicial hack. I do know the American Bar Association has long been dominated by Democrats and progressives, and is among the many professional associations that has disgraced itself and its members by tacitly allying itself with the “resistance.” The ABA has been incapable of objective assessments of the qualifications of judicial nominees for decades, and should not be trusted with the assignment.

4. Facebook ethics, or what passes for them. Facebook honcho Mark Zuckerberg upset his troops when he announced that his social media platform would not fact-check political ads and censor them for being “false.” Facebook had been using the biased and untrustworthy PolitiFact and Snopes as fact-checkers, so obviously his was the right decision. His minions, however, have been vocal in dissent, even recruiting Hollywood Hard-Lefty Aaron Sorkin to write an “Open Letter” of protest.

I obviously have some experience with Facebook’s objectivity in deciding what information should be published or not, since Ethics Alarms has been banned from the site without any explanation. These people can’t distinguish “facts’ from opinions they don’t like, especially when the opinions contradict the agendas of the Axis of Unethical Conduct (Democrats, “the resistance,” and the mainstream media). Sorkin claims that he fears for children believing that “Kamala Harris ran dog fights out of the basement of a pizza place while Elizabeth Warren destroyed evidence that climate change is a hoax and the deep state sold meth to Rashida Tlaib and Colin Kaepernick.” but the sooner kids learn how to sniff out garbage, the more competent adults they will be. Who is Sorkin kidding? He knows it isn’t the crazy stuff he wants Facebook to smother: he doesn’t want ads that argue that Democrats have been trying to overthrow a President without winning an election, because when you are conducting a disinformation campaign you don’t want any opposition.

Sunday Ethics Warm-Up, 10/20/19: Ancient Icelanders And Others Behaving Badly

October 20, 2019October 20, 2019 / Jack Marshall / 24 Comments

Good Morning!

1. Confession: I called a stranger an asshole on Facebook yesterday. I had patiently explained to a Facebook Borg-infected friend that no, the Justice Department report on Hillary’s email fiasco had not proven for all time that she hadn’t “done anything wrong,” quite the contrary. The report revealed that she was directly responsible for over 600 security breaches (after saying otherwise for more than a year). That means that she was reckless, incompetent, irresponsible and dishonest, and, since the applicable statute doesn’t require intent, could have been prosecuted. The report did find that there was no evidence that Clinton deliberately set out to endanger national security, which was never the issue.

Some clod following the thread wrote that you “could sure tell who follows Fox News talking points.” Well, I’m sick of that lazy deflection, and anyone who uses it, especially on me, is an asshole, and needs to be told. maybe ist not too late to get treatment. It’s even more of an asshole thing to say than the reflex “But ….Trump!” retort.

2. Yes, this is unethical. Yes, it is newsworthy. No, it is receiving almost no national coverage outside of conservative news sources. Rep. Katie Hill, Vice Chair of the House Committee on Oversight and Reform, has been engaged in a three-way sexual relationship involving a staffer and her husband. This would not matter to me, and should not matter to you, except that the woman involved is Hill’s subordinate. The workplace is not a dating bar or personal harem, not in the private sector, not in Congress. In addition, close personal relationships create conflicts of interest for the supervisor in any office. I would mention the inherent imbalance of power that makes it impossible for an employee to consent to a superior’s advances in such a situation, but of course Lee knows that, being an ardent #MeToo and Time’s Up! supporter.

The hypocrisy in the Democratic Party on this issue is wide, deep, and nauseating, except, I guess, to Democrats. Last week, discussing this issue with lawyers following my ethics seminar, a usually smart, fair, male attorney actually opined that Joe Biden’s serial non-consensual groping wasn’t really a problem because “he didn’t mean it to be sexual assault.” The lawyer really said this, though “I didn’t mean anything by it” has been the reflex excuse of every sexual harasser from Bill O’Reilly to Louis C.K.

3. Stipulated: President Trump’s harsh rhetoric in the aborted White House meeting with Democrats was one more stupid self-inflicted wound. Given the barrage of ad hominem attacks by the party that she leads, and the disrespect for the office that Pelosi herself has orchestrated (that mocking clap at the State of the Union speech alone was unforgivable), Trump was certainly provoked, but the President is not supposed to slide into the gutter just because his adversaries live there. It’s swell to be a “fighter”—Trump is probably correct that Mitt Romney would have been elected President in 2012 if he had a some Trump in him—but that doesn’t mean that gratuitous incivility and nastiness is a competent or responsible political strategy.

However, this image, part of a cartoon by Andy Marlette for the Pensacola News Journal earlier this year… Continue reading →

Hmmmm…

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“I love the smell of napalm in the morning!”

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The late, great, Jerry Vale..

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Was the mall’s action fair and responsible?

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