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 →

Sunday Ethics Warm-Up, 9/22/2019: Five Ugly Ethics Stories (Sorry!) [Corrected]

September 22, 2019September 23, 2019 / Jack Marshall / 17 Comments

A pleasant Sunday…

as long as I don’t read the newspaper or watch the Talking Heads…

1. Before I finish a long post about the most recent contrived Brett Kanavaugh smear by the New York Times, ponder this quote from the Times review of “The Education of Brett Kavanaugh”: “[The authors] come to a generous but also damning conclusion, which is that Blasey Ford and Ramirez are believable and were in fact mistreated by Kavanaugh as teenagers, but that over the next 35 years he became a better person.”

Ugh. The conclusion is “damning” because it relies almost entirely on confirmation bias: Blasey Ford’s own lawyer revealed that her motive in using her “recovered memory” against Kavanaugh was to discredit any future anti-abortion opinions he participated in as a member of the court. The accusation by Ramirez isn’t, apparently, even believable to Ramirez herself, since she says she isn’t certain that the Mad Penis-Dangler was Bret Kavanaugh. Why then, do the authors find the claims “believable”? Oh, because they want to believe them, of course; they work for the New York Times, and they certainly weren’t going to get their book promoted by their employer and snatched up by its readers if they concluded, as objective reporters would, that there is no more reason to believe Justice Kavanaugh did these things than there is reason to believe he didn’t.

The real ugh is this, however: if even these biased analysts conclude that the accusations, even if true, do not have any relevance on the grown man who was nominated to the Supreme Court because they relate to a minor who existed 35 years ago—and who has, as most children do, grown up—then the episodes that their book focuses upon literally don’t matter, shouldn’t have been brought into Kavanaugh’s hearing, and should not be used now to denigrate and discredit him.

2. From “Social Q’s,” a glimpse of what a malfunctioning ethics alarm is like. Prompting the frequently appearing question in my mind, “How does someone get like this?” was the query into Phillip Gallane’s advice column from a woman who threw herself a birthday party, directed guests not to bring gifts but to make a donation to a charity she supports instead, and was annoyed that some brought gifts anyway. She asked if it would be inappropriate to send the gifts back with a disapproving note so they “would listen” to her “next time.”

I know what I would do “next time”…

3. Hey, sounds great, Facebook! Why wouldn’t everyone trust your judgment? Facebook announced a series of changes last week to squelch hate speech and extremism—meaning what Facebook and its allies consider such— on its platform in a letter to the chairman of a House panel. Facebook said it would prevent links from the fringe sites 8chan and 4chan from being posted on its platform—you, know like it blocks links to Ethics Alarms! Then it explained how it would develop an oversight board of at least 11 members to review and oversee content decisions—like the decision that a wide-ranging ethics blog that has no political affiliation or agenda, written by a professional ethicist of some note, doesn’t meet the Facebook “community standards.”

In other, unrelated news regarding the obstacles being thrown in my path, the Appeals Court in Massachusetts finally alerted me that it was taking “under advisement” the request for an appeal of the rejected frivolous defamation suit filed about two years ago by a banned commenter here whose boo-boo I wounded.

(I am not concerned.) Continue reading →

Morning Ethics Warm-Up, 9/4/2019: “Is We Getting Dummer?”* Edition.

September 4, 2019September 4, 2019 / Jack Marshall / 32 Comments

The old Simon and Garfunkle song accurately describes when I woke up this morning…

1. I think that settles it. I’m going to flush myself down the toilet...Yesterday, an educated, adult woman of my acquaintance told her Facebook friends about her terrible treatment by Alamo Rental Cars. When a FBF responded with a refeence to Santa Anna, she replied, “???” Yes, she had no idea what “Alamo” referred to. This speaks to a catastrophic failure of the American education system.

On the bright side, ignorant citizens are the target audience of many of the highest polling Democratic candidates for President.

2. Ethics Hero: Whoopi Goldberg? On ABC’s “The View,” a show that relentlessly lowers the IQ of anyone who watches it for more than 5 minutes, co-host Whoopi Goldberg began the first show of the new season to condemn efforts in actors in Hollywood to blacklist conservatives and Trump supporters, a practice encouraged by tweets from “Will and Grace” stars Debra Messing and Eric McCormack over the weekend. After some back and forth with the assorted idiots who share the panel with her, Whoopi said,

Listen, last time people did this, people ended up killing themselves. This is not a good idea, okay? Your idea of who you don’t want to work with is your personal business. Do not encourage people to print out lists because the next list that comes out, your name will be on and then people will be coming after you. No one — nobody — we had something called a blacklist and a lot of really good people were accused of stuff. Nobody cared whether it was true or not. They were accused. And they lost their right to work. You don’t have the right in this country. People can vote for who they want to. That is one of the great rights of this country. You don’t have to like it, but we don’t — we don’t go after people because we don’t like who they voted for. We don’t go after them that way. We can talk about issues and stuff but we don’t print out lists, and I’m sure you guys misspoke when you said that because you — it sounded like a good idea. Think about it. Read about it. Remember what the blacklist actually meant to people, and don’t encourage anyone, anyone to do it!

I wonder how many people who don’t know about the Alamo know about the blacklist? Continue reading →

Comment Of The Day, From The Epic Commenter Donnybrook In This Week’s Open Forum

August 31, 2019September 29, 2019 / Jack Marshall / 44 Comments

I was reading with interest, amusement and edification the comment thread in the recent open forum in which two, then four, then even more veteran Ethics Alarms participants got into a heated—but admirably rational and fairly fought—debate over Steve Witherspoon‘s social media battles with a near-parody of a progressive member of the Madison Metropolitan School Board. The donnybrook eventually extended to the ethics of public figures blocking critics on social media, apology ethics, race-based school policies, mass-incarceration, and more.

In addition to Steve weighing in were Michael R, Jutgory, Humble Talent, Paul W. Schlecht, and late entrants slickwilly, Here’s Johnny, and Chris Marschner.

It was kind of like an “Avengers” movie, but more intelligent.

In making the choice I have for this Comment of the Day, I am not declaring any winner. Indeed, there are conclusions in the post to follow that I disagree with, and I’ll be back at the end with some of my own comments.

Here is Humble Talent’s Comment of the Day on the Ali Muldrow thread in the recent open forum:

“What I’m hoping for is less crime committed at school thus requiring fewer arrests and that is what you should be hoping for too.”

I think this is a useless truism. In a conversation about whether certain group are being treated differently than others or whether we ought to arrest children for being disorderly at school, saying “I wish people committed fewer offenses.” is a non sequitur.

As an aside: And this is a question Ali didn’t ask properly: Do you think that children should be arrested for being disorderly? And what do you think “disorderly” in that context entails?

Ali Wrote: “Explain to me how arresting people makes the world a better place, how prisons and detention centers are keeping Americans safe?”

To which you commented: “In all seriousness; anyone that writes that kind of question is completely blinded by their own bias, or they’re a blithering idiot, or they’re trying to justify the elimination of police, prisons and detention centers.”

I think this is an Americanism. Ali said that America was one of the most deadly nations on Earth. That’s not true, she should visit the Congo. But it is somewhat ironic that “The Land of The Free” has three times as many incarcerated people per capita that any other nation on Earth. Does American exceptionalism mean that Americans are also exceptionally criminal, or are you maybe doing something wrong? My take is that America locks people up for a ridiculous number of non-violent crimes, but your mileage may vary. And I don’t think “Well did he break the law or not?” is a good response to “Should this crime carry jail time?” or even better, “Should this be a crime?”. People learn how to be better criminals in jail, it stunts their lives both financially and socially, it’s permanently scarring, and sometimes fatal. While it is necessary to remove people from society or otherwise punish them for some things, sending people to criminal boot camp for jaywalking *is* counterproductive, it *does* make the world a worse place. (and I realize jaywalking is not that kind of crime, that’s hyperbole.) Continue reading →

Sunday Morning Ethics Warm-Up, 8/25/19: The Rotten Standards Edition

August 25, 2019August 25, 2019 / Jack Marshall / 29 Comments

I feel like hearing my favorite hymn this morning.

1. How TV makes the public ignorant and unethical. On a 2008 “Law and Order” episode, “Knock Off,” a New York Assistant DA tells a lawyer that since his former client is dead, attorney client privilege no longer applies. “The privilege does not survive the client,” he says, authoritatively. This is exactly 180 degrees wrong. Privilege and client confidences do survive clients; lawyers are bound by them forever, with some rare exceptions.

The show had legal advisors. There is no excuse for this. What were Law and Order’s standards? Would it deliberately misstate law and regulations just to accommodate the plot? Apparently so.

2. According to the New York Times, we’ve been mistaken. People don’t kill people, Guns kill people, apparently all by themselves. One of the infinite ways news organizations practice unethical and biased journalism is by falsely framing facts and issues to encourage a particular public perception. The “paper of record” just went for a new record in this event with a piece titled “One Handgun, 9 Murders: How American Firearms Cause Carnage Abroad.”Incredibly, the article personifies a gun:

She came to Jamaica from the United States about four years ago, sneaking in illegally, stowed away to avoid detection. Within a few short years, she became one of the nation’s most-wanted assassins. She preyed on the parish of Clarendon, carrying out nine confirmed kills, including a double homicide outside a bar, the killing of a father at a wake and the murder of a single mother of three. Her violence was indiscriminate: She shot and nearly killed a 14-year-old girl getting ready for church.

With few clues to identify her, the police named her Briana. They knew only her country of origin — the United States — where she had been virtually untraceable since 1991. She was a phantom, the eighth-most-wanted killer on an island with no shortage of murder, suffering one of the highest homicide rates in the world. And she was only one of thousands.

Briana, serial number 245PN70462, was a 9-millimeter Browning handgun.

The thrust of the rest of the article is that the terrible murder rate in Jamaica and other third-world counties is the fault of the U.S. for guaranteeing its citizens gun rights, and not the corruption, weak government, poverty and rotten cultures, not to mention the killers they produce, in those nations themselves. “Law enforcement officials, politicians and even gangsters on the street agree: It’s the abundance of guns, typically from the United States, that makes the country so deadly,” the article says. “And while the argument over gun control plays on a continual loop in the United States, Jamaicans say they are dying because of it — at a rate that is nine times the global average.”

That’s right: all those murderous Jamaicans would become as harmless as lambs if the United States would just get with the program.

This isn’t news reporting, it’s anti-gun propaganda. Continue reading →

Insomnia Ethics Dump, 8/19/2019 (at 3:16 am): What Keeps Me Up At Night

August 19, 2019August 19, 2019 / Jack Marshall / 32 Comments

Hi.

So depressing to observe the reactions of the Facebook Borg to my post about Elizabeth Warren’s self-outing as a lying demagogue. They couldn’t process it; they put their metaphorical fingers in their ears and hummed; they attacked the messenger (me); they channeled the generally-derided Politifact whitewashing of the “Mike Brown was murdered” lie. One lawyer friend apparent deep-dived Ethics Alarms to try to find a post that would contradict my position regarding Warren (and Kamala Harris). She couldn’t, but pretended she had by metaphorically waving an essay in which I applauded a man acquitted of murder by reason of insanity who later admitted to others that he had killed someone when he was younger and insane. (I can’t find the damn thing myself.) She then called me a liar and a hypocrite, because I had described the man as a murderer when he was innocent in the eyes of the law. A lawyer made this argument, mind you. I explained, not too nicely, that her analogy was idiotic, since there was no murder and no crime in the Brown case, so law prof Warren’s calling it either was dishonest and indefensible, while in the case of the recovered madman, there was a murder, a crime, and a murder victim. Though the acknowledged killer he was fortunate enough to have committed his crime in a state that holds the insane unaccountable, that fact didn’t change the act or the crime.

I don’t know why I bothered. Warren fans, like Bernie Bros, appear to be completely immune to facts and reality.

1. Why is there such a compulsion to corrupt the innocent, even the fictional innocent? I was hardly an admirer of those late 60s and 70s Sid and Marty Kroft Saturday Morning TV shows with people dressed in huge, garish thing-costumes and being relentlessly cheery. You know the ones: “H.R. Puffnstuff,” “The Banana Splits Adventure Hour,” “Lidsville”—those. In addition to being assaultive and unfunny, they also inspired Barney, for which the Krofts should never be forgiven.

Still, lots of kids loved the shows and characters, and they should be able to cherish those memories. Hollywood, however, seems determined to debase everything it can, especially fond memories, either by sexualizing them or making them dark, or both. (The re-boot of “Sabrina the Teenage Witch” and “Riverdale,” the series based on the “Archie” comics, are cases in point.) Now we have the new in which are re-imagined as murderous psychopaths.

Nice. Continue reading →

Morning Ethics Warm-Up, 8/9/2019: “I See Unethical People!” Edition

August 9, 2019August 9, 2019 / Jack Marshall / 31 Comments

S-s-s-s-stretch those ethics muscles!

(although, to be fair, the items today don’t require much stretching…)

1. Rosie Ruiz, unethical icon, has died. Rosie Ruiz got her 15 minutes of fame—well, infamy—by briefly fooling officials and the media into believing she had won the 1980 Boston Marathon. “She jumped out of the crowd, not knowing that the first woman hadn’t gone by yet,” a source who Ruiz had confessed to told The Boston Globe. “Believe me, she was as shocked as anyone when she came in first.” She wasn’t even a skilled cheater.

Nonetheless, Ruiz maintained publicly that she had been robbed of a genuine victory, despite overwhelming evidence to the contrary. She even displayed her first place medal whenever possible.

Ruiz is an excellent example of how signature significance works. It would be nice to report that she went on from this one, impulsive, foolish scam and became a beloved and tireless worker for the common good. Uh, no. Cheating in a major athletic competition isn’t something anyone does who has functioning ethics alarms. Ruiz was charged in 1982 with grand larceny and forgery, accused of stealing cash and checks from the real estate firm where she had been a bookkeeper. This got her a week in jail and five years’ probation. In 1983, she was arrested on charges of attempting to sell cocaine to undercover agents at a hotel in Miami and spent three weeks in jail. Continue reading →

Morning Ethics Warm-Up, 7/31/2019: Some Ethics Notes As I Run Out The Door…

July 31, 2019July 31, 2019 / Jack Marshall / 30 Comments

Hello, I must be going…

I got my prep done faster than expected, so I have time for a shorter than usual warm-up…

1. “When will they ever learn? When will they ever learn?” It’s going to take a while for me to go through last night’s debate, which the Red Sox saved me from having to watch live. I can say this right now, however: responsible parties should not permit completely unqualified, publicity-seeking wackos like Marianne Williamson (and, as I argued in 2015 and 2016, Donald Trump) to enter primaries and participate in debates. This is how you get “A Face in the Crowd”; this is how you set up democracy to fail. There will always be a critical number of idiots in the electorate, and parties have a duty to fulfill a critical gate-keeper function to prevent the grifters, con artists, cult leaders and amateurs from using them to warp elections and the government.

Williamson was babbling about “dark psychic forces” and “emotional imbalance” last night. Democrats should ding her right now, and tell her she is welcome to run under the banner of the Crystal Party, or something similar. Continue reading →

Thank You, FaceApp!

July 28, 2019July 28, 2019 / Jack Marshall / 9 Comments

Were you aware of FaceApp? It was a suddenly popular mobile face-editing application for your smartphone that would take your photo and show how might age over the next half century. It was all the wave, until there was a contemporaneous story about law enforcement going into facial recognition software big time. Oh oh…”Minority Report”! Suddenly someone read the app’s privacy policy. The company was based in Russia! It could sell your face to be used in subway gonorrhea ads, and there was nothing you could do about it! The Democratic National Committee freaked, and sent out an alert imploring those who work on presidential campaigns to delete the app from their phones because FaceApp’s creator, Wireless Lab, is based in St. Petersburg, Russia. Senate minority leader Chuck Schumer then went overboard, as Chuck is wont to do, and demanded that FBI and the Federal Trade Commission investigate FaceApp, because the company could pose “national security and privacy risks for millions of U.S. citizens.”

ARRRHHHHH!!!!

The app’s creators rushed to contain the damage. FaceApp’s CEO swore that the company’s servers are not based in Russia, that no user data is sent there, the photos will not end up in facial recognition databases. FaceApp does not, it is told, “sell or share any user data with any third parties.”

Google also swears that it won’t read our email. And don’t get me started about Facebook…

FaceApp’s privacy policy asks for “irrevocable, nonexclusive, royalty-free, worldwide, fully paid, transferable sub-licensable license” for the pictures of your face. That should set off ethics alarms, or better yet, privacy alarms, for anyone who reads it, which means virtually nobody. I’m hardly any better: many years ago I used a Simpsons app to convert my photo into Simpsons Jack… Continue reading →

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A pleasant Sunday…

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I feel like hearing my favorite hymn this morning.

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S-s-s-s-stretch those ethics muscles!

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Hello, I must be going…

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