U.S. Society

The Henry Higgins Syndrome And Me

/ Jack Marshall / 38 Comments

“An Englishman’s way of speaking absolutely classifies him!  The moment he talks he makes some other  Englishman despise him!”

—Alan J. Lerner, writing for Henry Higgins in “My Fair Lady,” in the song, “Why Can’t The English Teach Their Children How To Speak?”

Today’s latest “Let’s hate the President!” item from the news media was the leaked news that Trump can’t stand how AG Jeff Sessions speaks. Politico reported yesterday that Trump has griped “to aides and lawmakers”  “that Sessions isn’t a capable defender of the President on television — in part because he ‘talks like he has marbles in his mouth.’”

As usual, the fact that some un-named source says something doesn’t make it true, or, for that matter, legitimate to reports as news, by hey, it’s Donald Trump, so fairness, ethical journalism and professionalism are suspended, right? If you hate the man, here’s more non-substantive, unproven stuff to believe and complain about on line, and if your business is to try to define and encourage standards of societal and workplace ethics, here’s one more chance to be vilified on Facebook as a “Trump supporter” by pointing out that it is wrong for anyone to be subjected to hearsay snipe attacks like that.

In this case, however, there is another factor. There are a lot of speech habits and styles that I have a visceral dislike of too. Some I can defend, some are just a matter of taste, regional influences and upbringing, and some are genuine impediments to my treating people fairly.

Here’s one that my Facebook friends will love, for example: the way Donald Trump talks drives me crazy. His repetitive vocabulary–every thing is “great,” “strong,” “weak,” “stupid,” “smart,” “sad” or “tough; everyone is a “loser,” a “moron” “out of control,” or “dangerous”–signals “uneducated simpleton” to me. I’ve read all of the scholarly examinations of Trumps communications style and why it is effective, and I understand the theories. They are probably right. Where I come from, however, size, precision and variety of vocabulary is deemed a reliable way of gauging intellectual capacity. Continue reading →

Morning Ethics Warm-Up, 8/31/18: Labor Day Weekend Edition

/ Jack Marshall / 34 Comments

Good Morning.

This was in some respects the worst month in Ethics Alarms history, and I won’t be sorry to see it go. This weekend I will be spending more hours trying to cover ethics issues and developments while  knowing that an even smaller group of readers will bother to consider them, as they will off at beaches and mountain retreats, or sweltering at backyard barbecues. I have to admit it’s discouraging, and makes what needs to feel important and stimulating feel like an unsatisfying slog instead. Well, if you’re reading this, it’s not your fault.

1. Ethics estoppel. I couldn’t believe I read more than one local account of last night’s Detroit-Yankee game, a crushing loss for New York, complaining that Tigers DH Victor Martinez’s game-tying homer in the 9th “wouldn’t have been a home run in any of the other 29 Major League stadiums.”  Wow. The unmatched dominance of the New York Yankees over all of baseball has been significantly aided by its uniquely short right field fence ever since the original Yankee Stadium was built to provide cheap right field home runs to Babe Ruth, who hardly needed any help. Even though the shot to right isn’t as easy as it used to be (those old Yankee Stadium dimensions are illegal now), the Yankees still build their offense around that fence, and it is substantially responsible for the fact that the team leads all of baseball in home runs, and games won by cheap home runs.

Yankee fans and media are estopped from complaining when an opposing player benefits for a change. What utter gall!

2. Worst management ethics ever. President Trump is again tweeting about what a lousy job Attorney General Jeff Sessions is doing. Is he trying to make Sessions resign? Why? Why doesn’t he just fire him? This is a guy who became famous using “You’re fired!” as a trademark. Undermining a subordinate in public can’t possible make him or her perform better. It also signifies a dysfunctional organization and chain of command. In Sessions’ case, it makes the target look like a pathetic weenie devoid of self- respect. If my boss complained in public about me, I would resign that very day, with a brief statement that no professional should have to endure such gratuitous abuse from a superior, and that I would not. Continue reading →

Oh, Fine: I Knew Wikipedia Was Untrustworthy, And Now I Find Out It’s Partisan Too….

/ Jack Marshall / 13 Comments

If the mainstream media, social media, and the most accessed encyclopedia won’t tell the truth without trying to manipulate it, what chance do we have?

Yesterday I again tip-toed into the realm of government lawyer ethics for a CLE seminar. As I did last week, I attempted to mention the most important government lawyer issues raised by the events of the past year without triggering partisan zealots and the anti-Trump deranged. I also noted that being a partisan zealot or anti-Trump deranged qualifies as a potential conflict of interest for a government lawyer, interfering with his or her ability to be objective, independent, competent, loyal and zealous. I did not say, but could have, as proven by Sally Yates. I know from past experience that this particular—100% accurate—observation is inviting a fight.

However, I did feel it necessary to discuss Bruce Ohr, the Justice Department official who is at the center of several Mueller investigation controversies. I am not yet prepared to weigh in on Orr, except to note this, as I did yesterday: The fact that Ohr served as the Justice Department contact for Christopher Steele, the former MI6 agent commissioned to author the dubious Trump–Russia dossier that was used as the primary justification for the FISA warrants permitting surveillance of the Trump campaign, while Ohr’s wife, Nellie Ohr, worked for Fusion GPS, the opposition research firm that prepared the dossier under a contract with the Democratic National Committee and the Hillary Clinton campaign (but I repeat myself), was a blatant conflict of interest, and arguably (and I’ll argue it) an unwaivable one. It also violates the ethics requirement that all government employees must follow to avoid the appearance of impropriety. (Pretty much the entire Mueller investigation has breached that. )

In the course of trying to confirm the basic facts of Ohr’s conduct, I consulted Wikipedia. Where else do you go these days for a dispassionate up-to-date recitation of facts without spin? Not  the New York Times. Not Fox News. As Frankie Pentangeli says to Michael Corleone, “Your father did business with Hyman Roth; your father respected Hyman Roth; but your father never trusted Hyman Roth.” That pretty much describes my relationship to Wikipedia. I don’t trust it. I frequently find errors in entries; I know people who have Wikipedia pages who are about as deserving of them, or less, than my Jack Russell Terrier; and I have never forgotten how my father spend hours correcting a wildly inaccurate Wikipedia article about a World War II battle that he was deeply involved in and wrote about in his book only to have his work rejected because Wikipedia does not accept, it said, “first hand accounts.” Wikipedia is a classic example of an imperfect resource that is both essential and hopelessly flawed by its very nature. Continue reading →

Afternoon Ethics Warm-Up, 8/29/2018: Amazingly, There Are More Important Ethics Developments Than How Long The White House Flag Was At Half-Mast…

/ Jack Marshall / 26 Comments

Gooooood Morning!

1 It’s not just bias–ignorance also makes you stupid, Part I. On Fox News this morning, they were breathlessly talking about the importance of stopping the publishing of those evil blue-prints of 3-D printable guns. Why, last year, a plastic gun got through TSA security, and it was loaded! And those 3-D printed guns are cheaper than ever! (nobody mentioned that making a 3-D gun that shoots is still incredibly expensive.)

The report was like science fiction, and the woman in a protesting group who said that these guns needed to be stopped NOW! should have had her head wreathed in tin foil. Did Fox discuss the First Amendment issues? No. Did Fox explain that anyone can make their own gun without a 3-D printer? No. Did Fox explain anything relevant to the actual case? Of course not. Did Fox point out that the judge who just issued the injunction admitted that his action abridged speech? No, not that either.

And no, the other news networks weren’t any better.

2. California is ending cash bail. Good. It may backfire, but a statewide experiment somewhere is needed. Bail may be a necessary evil, but the long-time criticism of the system as being biased against the poor has validity, if not a solution. Not every idea Jerry Brown has is bad, just most of them. My guess is that this will be a PR and political disaster, but hey, I don’t live there. The first time a “non-violent” accused criminal kills someone while on his own recognizance, the someone won’t be anyone in my…oops, I forgot, I have a nephew and a niece in California. Well, they’re rabid Democrats and progressives, so they have consented to the risk, I guess.

Amusing reaction: The bail-bondsmen say that they’ll leave the state if this policy stays. Well, of course. Why wouldn’t they leave? What kind of a threat is that?

3. It’s not just bias–ignorance also makes you stupid, Part II A poll says that a majority of the public can’t name a single member of the Supreme Court, despite a large majority believing that the Court’s decisions greatly affect their daily lives. Worse, most of the public thinks the Court is a partisan body, like Congress, because most of the public doesn’t know the difference between the Supreme Court and an ice cream cones, and virtually none of the public has read a single Supreme Court opinion all the way though in their entire lives. No wonder  the Democrat fear-mongering about Judge Kavanaugh is regarded as a smart tactic. Ignorant people are the easiest to con. Conned people warp our democracy.

That’s why it is unethical to be ignorant. Continue reading →

Ethics Dunce And Awful Human Being: Thomas Frieden’s #MeToo Victim…And Also, “KABOOM!”

/ Jack Marshall / 15 Comments

Like “Advice Goddess” blogger  Amy Alkon, when I heard that Dr. Thomas Frieden, Obama’s former head of the CDC, had been arrested for sexual assault, I just assumed that he was one more prominent serial predator who has used his power to abuse women in the workplace, and a pretty serious one, if he ended up in cuffs. After all, nobody has arrested Matt Lauer or Charlie Rose.

Then I read the whole story, and my head exploded. But not because of what Frieden had allegedly done.

A 55-year-old woman, so far unidentified in the media (I want that woman’s name)  came forward to the police in July and said that Dr. Frieden squeezed her buttocks without her permission nine months earlier, on October 20, 2017.  She told investigators the incident occurred  as she was leaving a gathering at Dr. Frieden’s residence in Brooklyn Heights. She said Dr. Frieden groped her while their spouses weren’t looking, and he later apologized, citing personal problems.. Dr. Frieden says the woman is a long-time friend and acquaintance of more than thirty years.

Got that?  Almost a year earlier, at a party, a male friend squeezed her butt. He apologized. She waited all this time, and then humiliated him professionally and publicly by having him arrested.

How can this conduct possibly be excused, and I mean hers. His conduct was wrong—I have never groped a woman’s ass or any other part of her body without clear consent in my life, indeed I have heard complaints that I don’t grope enough— and it was technically civil battery, but far, far from criminal. Having the man arrested is nothing less than a hateful, cruel, vindictive abuse of him, his family and the justice system.

We are told that this women—I want her name!—is a New York artist who has been a vocal #MeToo activist since the Harvey Weinstein Ethics Train Wreck started rolling and squishing, and  has been creating artwork related to the movement. She also wrote an article in an online publication describing that single grope, from a friend, at a party, as the moment she was transformed from activist to victim. Ah! Then treating an old friend this way is completely justified!

No, it’s not. She’s not just an ethics dunce, she’s an asshole.  Alkon–who gets the Ethics Alarms Pointer for this one— calls the grope, which is not sexual harassment, not occurring in the workplace or between superior and inferior, and not creating a hostile work environment, Continue reading →

Morning Ethics Warm-Up, 8/27/2018: Petards, Conflicts, And Bullshit Edition

/ Jack Marshall / 37 Comments

Good Morning!

1. Oh no! Hoisted by my own petard! I’m pretty certain that Clinton fixer Lanny Davis has an unwaivable conflict of interest in his representation of Trump fixer Michael Cohen. The legal ethics establishment is soft-peddling the issue because most legal ethicists apparently hate President Trump more than they like ethical lawyering, but I’ve been wrestling over whether to file a disciplinary complaint. The problem is that any complaint that has even a tinge of political motivation won’t be touched by the Bar (if prior performance is any indicator), so a complaint by me would be the proverbial lonely tree falling in the forest. The remedy would be to issue a publicity release about the complaint, but I’ve criticized that tactic as unethical right here, on more than one occasion. Rats.

It might be just as well. After the mere hint that I was defending Donald Trump (I was not) on NPR appears to have gotten me blackballed there after many years as an ethics commentator, I probably should not criticize the lawyer for the most popular sleaze in D.C. these days.

2. Neil Simon Ethics. In an alternate universe, my still operating professional theater company, dedicated to keeping unfairly buried, forgotten or unfashionable American theater works of the past in front of audiences who deserve a chance to see them, is looking at a lot of Neil Simon productions. The works of the —by far—most successful writer of comedies in Broadway history are already sneered at as sexist and “outdated,” and I can vouch for the fact that all it takes is one militant female board member with a checkbook and a chip on her shoulder to kill a production. Remember S.N Behrman? Seen any Philip Barry plays lately? How about Kaufman and Hart? Simon just died, and he’s already heading to obscurity along with those guys, and most of their plays are still funny too.

3. Here’s another topic it’s dangerous to get into…From CBS:

A pregnant Washington state woman said she was fired via text message from a sub shop where worked, with a store manager telling her “it’s not a good time to have somebody who is leaving for maternity leave in several months anyway.” Kameisha Denton told CBS Seattle affiliate KIRO-TV that she had told the manager she was pregnant and due in December, asking for maternity leave.

Denton said she realized that she hadn’t been assigned shifts at Jersey Mike’s sub shop in Marysville, Washington, so she sent a text to her manager inquiring about the hours. The response she says she received was shocking.

When Denton asked for her “updated schedule” she received something a bit different. The store manager named only as “Marcos” in Denton’s phone responded, “I am sorry to inform you but it’s not going to work out with Jersey Mikes. It’s not a good time to have somebody who is leaving for maternity leave in several months anyways. You also failed to tell me this during your interview.”

Denton posted the exchange on Facebook in a post that had garnered over 1,000 shares in just two days.  

Denton told KIRO-TV,  “I was just like in shock, it took me a minute to face reality — I was like this is really happening.”

Continue reading →

Sunday Ethics Revelations, 8/26/18: The B List [Updated]

/ Jack Marshall / 32 Comments

Hi!

The death of John McCain is  one of many important ethics stories that came on the radar screen today, and several of them warrant solo posts. At the risk of not having time to get them up today at all—this is a work day at ProEthics, for ethics never sleeps—I’m going to keep the warm-up to the lesser stories, and keep my fingers crossed.

1. Miracle Whip, Florida. The town of Mayo, in Florida’s Panhandle, secretly made a deal with the Kraft-Heinz mayonnaise  alternative  Miracle Whip to change the hamlet’s name so videographers could capture the residents’ shock when they hear that the name of their town is now a corporate brand. The plan was for ad-makers to film faux efforts to get residents to remove mayonnaise from their homes. Street signs and the name on the water tower had been changed and the mayor lied in an interview with the Associated Press, insisting it would be a good idea to make the name change permanent, before residents were let in on the joke.

Mayo will get between $15,000 and $25,000 to con its own citizens. The money will be used for city beautification measures, so I guess that makes it OK.

The town should impeach the mayor and everyone involved with the scheme, which was almost certainly illegal, and clearly unethical.

But funny!

2. First Ma’amophobia, and now…The Atlantic explores the controversy over using “guys” as a generic term for a group of mixed gender members, as in “hey, guys!” It’s an artificial controversy, and women who take offense when a boss says “you guys” when addressing the group knowing very well that no adverse intent was behind the wording should not be indulged, tolerated or “heard.” The problem is that overly sensitive superiors and others have given undo weight to similar contrived complaints through the years, with innocent and innocuous uses of  a whole dictionary of collective nouns and pronouns being declared near equivalents of racial or gender slurs.The confounding factor is that there are terms that need to be retired. The use of “girls” to describe adult women was part of societal marginalization, just as the use of “boy” for adult African American men was demeaning.  Eliminating the descriptive  distinction between “actors” and “actresses,” on the other hand, is based on a contrived offense.

What is objectionable is that any argument for declaring a term offensive is supposed to be per se decisive, without debate or analysis, if it’s offered by a so-called oppressed group. No group should have the privilege of not having to make its case. I will, for one, eat my foot before I submit to the rhetorical abortion that is “person of color.”

There is nothing necessarily wrong with calling a mixed group by the jocular “guys.” The alternatives all stink, in different ways. I will not use “y’all” and sound like a refugee from “Hee Haw.” “People” is imperious, and actually annoys me (though I would never complain about it). “Folks” is more informal (good) but rings phony (bad). “Friends” is presumptuous, speaking of John McCain, whose habit of addressing every group as “my friends” probably lost him a million votes in the 2008 election.

Communication shouldn’t be that hard, and definitely should not be dangerous. A little Golden Rule would go a long way toward eliminating this problem, guys. Continue reading →

Saturday Ethics Warm-Up, 8/25/2018: Train Wrecks, Gotchas, Fake News, Idiots, And Progress, Sort Of…

/ Jack Marshall / 10 Comments

Thus endeth one of the worst weeks in Ethics Alarms traffic in years. It depressed me so much I stopped checking the figures. The comments remained vigorous and high quality, and for that I am grateful. Obviously my being on the road, pseudo-vacationing and without a charged computer were factors, as is August. I do feel, however, that a lot of people just don’t want to be objective, rational or ethical where political news is concerned, just angry and emotional.

Well, at least the libel lawsuit by the banned commenter was dismissed this week.. He told the judge that this was an extreme right-wing website, you know.

1. Not the Michael Cohen Ethics Train Wreck, just the Trump Administration Ethics Train Wreck. On one hand, Cohen is as sleazy, unethical and untrustworthy a lawyer ever to blight the profession (now don’t sue me, Mike, this is just my opinion, not an assertion of fact!), as I noted years ago when I first wrote about the creep.  On the other, Trump was literally asking for a disaster by continuing to employ such an obvious low-life. On the one hand, Trump obviously lying about his relationships with various strippers, models and other sex toys for hire was unconscionable; on the other, “everybody lies about sex” was the official Democratic talking point when Bill was doing it. On the one hand, paying hush money to cover up adultery is slimy, on the other, it’s not illegal, and despite what the news media is selling, it probably isn’t an election law violation either. On the one hand, the news media having yet another impeachment wet dream is disgusting, biased, unethical journalism; on the other, Trump keeps handing the “resistance” ammunition on a silver platter.

Nonetheless, the news media and the Democrats still somehow manage to out-misbehave the President. The latest is the ridiculous argument that the Kavanaugh nomination is now somehow “illegitimate” because the President is under suspicion of illegal conduct. Any pundit or authority who makes this totured and desperate case deserves to be permanently ignored and designated a partisan hack; the current list includes Democratic Senators Mazie Hirono and Ed Markey,  and The New York Times’ Paul Krugman, David Harsanyi explains succinctly for those who can’t figure this out for themselves.

2. Great. Now we have legacy racism to worry about. When the kind of “gotcha!” mentality that prompts people to search for insensitive tweets athletes made as teenagers mates with the corporate cowardice that  prompts a company like Nabisco to cave to complaints by deranged extremist group like PETA, in an environment where “Racist” has become the full equivalent of crying “Commie!” or “Witch!,” I guess this is inevitable. Inevitable, but scary, and really, really stupid.

Lilly Diabetes pulled its sponsorship of Indy racer Conor Daly’s  car in the NASCAR Xfinity race at Road America, because the driver’s father allegedly made a racist remark in the 1980s. I could go into more detail, but it would nauseate me. You can read more here. The sponsorship was designed to raise awareness for treatment options and resources for people living with diabetes.

“Unfortunately, the comments that surfaced this week by Derek Daly distract from this focus, so we have made the decision that Lilly Diabetes will no longer run the No. 6 at Road America this weekend,” the company said in a statement. Craven, principle-free, cowards. I have diabetes, and I want to make certain that the focus is on Lilly’s utter disregard for fairness, proportion and common sense. If corporations are this easy to intimidate—and I think they are—the Left’s escalating efforts to constrain free speech, thought, advocacy and conduct are going to be successful. When will conservatives work to make all those Kennedys pay for old Joe’s pro-Hitler sentiments?  That would be about as logical and fair as punishing Conor Daley for a 30-year-old comment by his father.

3. Remember that story about ICE detaining a man while he was driving his pregnant wife to the hospital when they stopped for gas? It was more pro-illegal immigration spin. The coverage of the news that made it not the “children in cages” anti-Trump propaganda it was spun to be was given a fraction of the exposure that the original, misleading story was. The LA Times eventually told what Paul Harvey called “the rest of the story”:

An immigrant in the U.S. illegally who was detained by federal officers in San Bernardino last week while heading to the hospital with his pregnant wife is one of three men listed in an arrest warrant for a 2006 murder in Mexico. Joel Arrona-Lara is wanted in connection with the killing of Miguel Ángel Morales Rodríguez, alias “El Garcia,” according to the arrest warrant…

Gee, can ICE arrest illegal immigrants who are murderers now, or should we just “think of the children’ and leave them alone too? A recent poll concluded that a majority of the public doesn’t approve of how the Trump administration is handling immigration. Well of course not! Children in cages, innocent expectant fathers stopped on teh way to the hospital, all of those good illegal immigrants minding their own business…

This is disinformation designed to influence U.S. elections.

4. Life Incompetence Department: In Bijie, China, a concerned 26-year-old husband and 24-year-old wife consulted a doctor to learn why they had been unsuccessful in their efforts to have a child for four years. Intercourse was painful for the wife, she said. The doctor explained the problem after some further questioning:  they had been having anal sex the entire time. After he gave them a little instruction book, the wife was with child in short order.

5. Good! The National Federation of State High School Associations reports that  participation in 11-player high school football declined nationwide for the second consecutive year. “We are encouraged that the decline in high school football was slowed, due in part, to our efforts in reducing the risk of injury in the sport,” said Karissa Niehoff, the NFHS executive director, in a statement. “While there may be other reasons that students elect not to play football, we have attempted to assure student-athletes and their parents that thanks to the concussion protocols and rules in place in every state in the country, the sport of football is as safe as it ever has been.”

As safe as it has ever been…..

Another Hader Gotcha! Time to Grovel, Michael Kopech…

/ Jack Marshall / 3 Comments

Add fire-balling White Sox rookie Michael Kopech to the baseball players who have been forced to grovel to the virtue-signaling, mind-control bullies in the sports media for dumb tweets he sent as a high school student.

As I have written here before, searching for lingering social media idiocy that an athlete authored before he could drink or vote is despicable conduct, as is anyone making an issue of  what the deep Twitter dives expose. First, what a baseball player said or thought—they are often not the same thing—in the past has nothing to do with his job, which is playing baseball and not making social policy, and second, nothing anybody says or even does before their brain has matured should be held against them in adulthood, unless it is criminal, and even then the law urges us to be forgiving. I know that a lot of social justice warriors think that any racist, sexist or homophobic comments made post birth should be treated a crimes, but they are anti-democratic nuts, and hostile to free thought and speech, so to hell with them.

NBC Sports baseball blogger Craig Calcaterra, who has lost my respect permanently because of his inappropriate leftist screeds, sneers,

Kopech acknowledged the tweets and apologized for them, offering the now de rigueur “that’s not who I am” stuff…White Sox general manager Rick Hahn said he is satisfied with Kopech’s apology and his assertion that he is not the same person who authored those tweets five years ago. Major League Baseball will likely still weigh in, but as we’ve seen in previous cases, they are likely going to limit it to sensitivity training or something like it. Which, to be fair, is about all the league really can do.

Craig has made it clear in his earlier posts about previous targets of the Hader Gotcha what he would like to see happen: Continue reading →

Road Trip Ethics Round-Up, 8/18/18: Four Days Of Short Posts Ahead

/ Jack Marshall / 22 Comments

First post of a necessarily limited presence for four days…

Not only am I traveling around rural Pennsylvania on an ethics CLE road trip, I managed to leave with a non-functional power chord, so I’ll be stretching about 2 hours of battery charge over almost four days to try to keep up with the ethics eddies. I’m sorry. This was a running around packing, working, and trying to get on the road fiasco. Perhaps you’ve been there…

1. Overheard in the hotel parking lot just now: “Try not to be such a boy tonight.” This was a mother admonishing her 10-year-old son.

Nice.

Make sure your son thinks that his gender is a negative factor to be avoided.

I almost said something to her.

Should I have?

2. Later…I’m over my limit…