Sunday Ethics Reflections, 8/5/2018: Abdication, Arrogance, Airbrushing

1. If you want to seed a civil war, this is how you do it…Why is this incredible story just an item on the daily ethics potpourri? For one thing, I don’t see why much commentary is necessary, or should be. I don’t typically  write about robberies or murders, or other outright unethical acts that all but the worst sociopaths can recognize in a trice as unethical.  I feel the same way about this, from the Wall Street Journal:

A mob surrounded ICE’s office in Southwest Portland June 19. They barricaded the exits and blocked the driveway. They sent “guards” to patrol the doors, trapping workers inside. At night they laid on the street, stopping traffic at a critical junction near a hospital. Police stayed away. “At this time I am denying your request for additional resources,” the Portland Police Bureau’s deputy chief, Robert Day, wrote to federal officers pleading for help. Hours later, the remaining ICE workers were finally evacuated by a small federal police team. The facility shut down for more than a week. Signs called ICE employees “Nazis” and “white supremacists.” Others accused them of running a “concentration camp,” and demanded open borders and prosecution of ICE agents. Along a wall, vandals wrote the names of ICE staff, encouraging others to publish their private information online.

Federal workers were defenseless. An ICE officer, who asked that his name not be published, told me one of his colleagues was trailed in a car and confronted when he went to pick up his daughter from summer camp. Later people showed up at his house. Another had his name and photo plastered on flyers outside his home accusing him of being part of the “Gestapo.”

Where were the police? Ordered away by Democratic Mayor Ted Wheeler, who doubles as police commissioner. “I do not want the @PortlandPolice to be engaged or sucked into a conflict, particularly from a federal agency that I believe is on the wrong track,” he tweeted. “If [ICE is] looking for a bailout from this mayor, they are looking in the wrong place.”

The phrase, “particularly from a federal agency that I believe is on the wrong track” mandates impeachment on its face. It is not the mayor’s proper role to decide who deserves the protection of the city against lawbreakers. “There is no place for personal, political bias when it comes to providing public safety services to our communities,” Portland Police Association president Daryl Turner said in a statement on Facebook. “In that respect, our Mayor, who is also our Police Commissioner, has failed miserably.”

Also:

  • How many readers of Ethics Alarms saw broadcast news accounts of this incident and the Portland mayor’s conduct? It is the tendency to set out to bury and hide the worst examples of progressive and resistance excess that is the smokiest of smoking guns showing the degree to which journalists are actively attempting to indoctrinate and mislead rather than inform.
  • Do the citizens of Portland really condone this?

Continue reading

Saturday Morning Ethics Warm-Up, 8/4/18: Baseball And Bisons And Jerks, Oh My!

Good Morning, Fenway!

Going to make sure the Sox beat the Yankees again today?

1. Nice. The Democratic National Committee declined to play the Republican National Committee in their annual softball game this year.

You know, I now actively search for examples of Republicans behaving like divisive, snotty assholes, because I’m really sick of being accused of favoring that hollowed out, irresponsible. principle-free party. But when it comes to demonizing the opposition and bottom-of-the-barrel civility, the Democrats always seem to lap the field. Of course, this latest insult is pure virtue-signaling to the “resistance” base. Where a responsible party would be trying to lead its members and followers in the direction of comity and respectful disagreement, the DNC is taking a stand in favor of ideological apartheid.

2. This is great: I get to criticize the New York Yankees! Do say a little prayer, or something, for poor Chance Adams, the New York Yankee farmhand summoned to pitch today’s game against the Boston Red Sox with the Yankee season on the line.

The Yankees have the second best record in baseball, but also have the misfortune to play in the same division as the team with the best record, the Boston Red Sox. If the Yanks finish second, their play-off, and thus World Series chances, will rest on a single game between them and the other  American League Wild Card team, who will almost certianly have a better starting pitcher on the mound. New York has lost the first two games of a four game series in Boston, dropping them from 5 and a half games behind the Sox (not too bad, with 50 games to go) to 7 and a half games ( scary, when chasing a team with a current winning percentage of just under .700). If the team falls 8 and a half games behind, especially with its best player injured, gargantuan slugger Aaron Judge, that one game crap shoot will become the most likely scenario.

Thanks to some bad luck and some miserable management of the pitching staff, the assignment of navigating the Good Ship Yankee away from the shoals of ignominious defeat has been shifted to the shoulders of Adams, who 1) has never pitched in a major league game before, 2) will be facing the top offense in baseball, 3) in front of the famously rabid Fenway Park faithful, and 4) isn’t all that good. This is profoundly unfair. It almost seems as if Yankee management wants to use the rookie as an excuse for failure.

Meanwhile, he will become an infamous answer to a trivia question, like ill-fated Booby Sprowl, a Boston rookie pitcher who was thrust into a similar crisis by Boston manager Don Zimmer when the position of the two teams was reversed in 1978. Like Zimmer, Yankee manager Aaron Boone had other options that didn’t involve over-burdening a green young athlete of uncertain skills. For example, he could resort to a “bullpen game,” like the Tampa Bay Rays have been doing, with surprising success, all season. After all, the Yankees have the best and deepest bullpen in the universe.

Of course, baseball being baseball, anything can happen. Maybe Chance Adams will shock the baseball word with a pitching gem, and become a Yankee legend. Stranger things have happened. That, however, will be pure moral luck, and will not change the fact that Adams should not be put in this position.

Now what I really want to know is whether Chance was named after John Wayne’s character in one of my favorite Westerns. “Rio Bravo”… Continue reading

Afternoon Ethics Jolt, 8/3/2018: A Lawyer Finds A New Way To Be Unethical, Verizon Makes Our Kids Obnoxious And Ignorant, And The Times Decides To Show Its Colors…

 

Good…afternoon.

Yes, I couldn’t get this up before noon again. Mornings have been crazy lately. And no, I’m not at the beach…I just WISH I was at the beach.

1. A legal ethics “Kaboom! From the New York Times account of the litigation surrounding New York Yankee great Thurmon Munson’s death when his private plane crashed in 1979:

James Wiles, one of FlightSafety International’s lawyers at the time, still contends there was no culpability in Munson’s death on the part of either company. But a trial, he said, was just too risky…. Wiles, who was present for all the depositions…said that when Yogi Berra testified, he put a box of 24 baseballs in front of him and requested he sign them. Berra, who was a Yankees coach when Munson died, grudgingly obliged, but at one point asked if Wiles was authorized to make such a demand.

“It’s my deposition,” Wiles said he told Berra.

My head exploded after reading that. There is no rule I can find that declares such a blatant professional abuse unethical, unless it is the deceitful “It’s my deposition” response, which is literally true but falsely implies that the lawyer has the power to force a witness in a deposition to do something completely unrelated to the case for the lawyer’s personal benefit. Rule or no rule, this was incredibly unethical, and a perfect example of how lawyers will come up with ways to be unethical that they can’t be sanctioned for.

2. More on the New York Times’ new editor: Yesterday, I covered the astounding—but maybe not so astounding—appointment of far-left journalist Sarah Jeong as its technology editor despite a huge archive of explicitly racist and sexist tweets. The Times’ defiant explanation, a rationalization, really, stated:

“We hired Sarah Jeong because of the exceptional work she has done … her journalism and the fact that she is a young Asian woman have made her a subject of frequent online harassment. For a period of time she responded to that harassment by imitating the rhetoric of her harassers. She regrets it, and The Times does not condone it.”

Jeong’s statement was simply dishonest:

“I engaged in what I thought of at the time as counter-trolling. While it was intended as satire, I deeply regret that I mimicked the language of my harassers. These comments were not aimed at a general audience, because general audiences do not engage in harassment campaigns. I can understand how hurtful these posts are out of context, and would not do it again.”

The issue is not whether she will “do it again”—presumably even the Times wouldn’t stand for that, but whether her many racist outbursts online do not raise the rebuttable presumption that she is, in fact, a racist. Nothing in her statement tells us that she doesn’t believe such things as “white men are fucking bullshit,” only that she didn’t aim these comments at the general public.

I find it hard to believe that the even Times is so stupid and arrogant that it will dig in its metaphorical heels and refuse to admit its gross mistake. As Glenn Reynolds writes today, Continue reading

Comment Of The Day: “Look! Computer Professionals Have An Ethics Code!”

There were eight comments on the July 18 post about the Association for Computing Machinery (ACM) ethics code, and four of them were Comment Of The Day-worthy. In addition to the chosen honoree here by Alex, I highly recommend the related comments by Glenn Logan, mariedowd, and Windypundit.

This is an Ethics Alarms record, and speaks volumes about the quality of commentary here.

This is Alex’s Comment of the Day on the post, Look! Computer Professionals Have An Ethics Code!

As a member of the ACM for the past 18 years, I did review earlier drafts and submitted comments. I was especially critical of the vagueness, but in general welcomed the update, as the old code was pretty outdated by now.

I did not think about the enforcement mechanism, but that is because I still don’t see Software Engineering/Programming as a profession. This has been a very contentious point for years. On the one hand, “hackers” (I use this in the original sense of the word, as it describes a very common ethos in the occupation) are terribly skeptical of any authority, and pride themselves that you can become a proficient programmer without formal training. Funny enough, programmers subscribing to this point of view are very supportive of apprenticeships and mentoring… go figure.

On the other hand, corporations will *strongly* resist any sort of licensing, and use the current, informal, certification system as a first filter only. Formal requirements would make software engineers more expensive and possibly lead to some system to deal with liability. Much better to keep to current system with the ability to outsource to the lowest bidder. Continue reading

First They Came For The Baseball Players: The ‘Hader Gotcha’ Catches On…

Sonny Gray, who should be punished today for a Twitter joke he made six years ago….

I’ve written about this new blight on the American scene three times since a creep trying to embarrass Milwaukee pitcher Josh Hader tracked down some offensive tweets he made in high school, causing Major league Baseball to sentence him to re-education. Not content with the MLB over-reaction, pompous, social justice warrior thought-control purveyors in the sports media like NBC Sports’ Craig Calcaterra and Bill Baer declaimed that he must be made an example of, shunned, cooked, and eaten, or something.  Hader’s pathetic grovel to the mob was so amusing that two more baseball players were quickly subjected to The Hader Gotcha–that will be the Ethics Alarms label to this poison—with similar results (and more obnoxious virtue-signaling by Calcaterra and Baer). Atlanta Braves starter Sean Newcomb had his Twitter history searched by some resentful Dodger fan while he was  pitching a near no-hitter  against LA, with the result that  Newcomb had to deny that he was a racist and a bigot. Next, some Washington Nationals hater did the same to shortstop Trea Turner, posting old Turner tweets from his college days at North Carolina State University. [The third time I wrote about the phenomenon was in a non-baseball context, when “Guardians of the Galaxy” director James Gunn was fired by Disney because a conservative hit man did a twitter dig and found some of his old tweets.]

Isn’t this great? You can be a sad and lonely schlub with  a trivial, insignificant, powerless, witless existence, and yet bring a successful, rich, popular baseball player to his metaphorical knees!  Just  find and publicize some ill-considered,  impulsive  tweets sent when fame and fortune weren’t even twinkles in the future star’s eye, and the nascent athlete was trying to make do with the under-developed brain of a typical male under the age of 25. Why, it’s even better than dropping rocks on cars as they go under an overpass, or releasing computer viruses! What a rush! Continue reading

Comment Of The Day: Morning Ethics Warm-Up, 6/25/2018: “Thuggery, Double Standards And Hypocrisy…Actually, I Could Use This Title EVERY Morning”

Well, I think this is an Ethics Alarms record, and not a good one: this Comment of the Day, by prolific commenter Pennagain, is more than a month old. I have no defense, only a possible explanation: the subject of the comment is an unpleasant one, and was more than a little tangential to the main post. It was prompted by a commenter’s reference to comic Eddie Murphy’s anti-gay rants that would have pretty surely ended his career had he been rising in the social media mob-dominated environment of today rather than the still largely-closeted 80’s. That would have been a shame, because Murphy is–was?–a great talent when he wasn’t being a complete jerk, which, unfortunately, was far too often.

What reminded me that I had whiffed after more than a month? An article about Murphy’s “Delirious”  was published today in  “The Advocate.” So this is timely despite my ineptitude.

Moral luck.

I apologize to Pennagain. This wasn’t just a well-written ethics comment, but an important, educational and disturbing one. Maybe it can spark some discussion anew.

Here, very late, is Pennagain’s Comment of the Day, on the post,Morning Ethics Warm-Up, 6/25/2018: Thuggery, Double Standards And Hypocrisy…Actually, I Could Use This Title EVERY Morning:

For the rest of you, respectfully, please understand that Eddie Murphy IS indeed unwelcome by queers everywhere. His so-called “humor,” brought to San Francisco in the mid-80s at the height of the AIDS crisis, was a no comedy show at all. It was a diatribe against gay white men in particular … but also a scarcely disguised order-from-On-High for black women (at that time finding partners in the big gay dance clubs) to get back in line behind black men … all based on perverted facts and misrepresentations – such as ‘if you go out dancing with a (gay) man, you will die a horrible death; you can never have children if you touch one of those (^!>?!)’ and assuring all black men in the audience that no black man in history had ever been, or ever could be queerhomofag, etc. The rant was preached to black audiences as gospel (Murphy was then at the height of his popularity; his every word came straight from the pulpit) and — god help them all, they believed him. His lies spread to the Hispanic/Latino community as well.

The results were apparent shortly after Murphy began his stint in the city. They are still tragically with us. The public health outreach had started to be effective across the board (including black communities) just before Murphy’s regrettable visit. Immediately afterward, AIDS/HIV education shut down wherever black people congregated: churches, groups, school speakers, distribution guidelines, and most disastrously, with many black physicians. Eddie Murphy said black men could not be gay, therefore could not get AIDS, therefore could not infect their partners (male or female … By extension meaning black children were safe from the “gay plague.” This is what happened: Continue reading

Monday Morning Ethics Warm-Up That Is Turning Up in the Afternoon Because I Looked Up At The Clock And Discovered I Had Missed Three Hours…

Good something.

(Damn job…)

1.  Police state, or stupid state? The Boston Globe reports :

Federal air marshals have begun following ordinary US citizens not suspected of a crime or on any terrorist watch list and collecting extensive information about their movements and behavior under a new domestic surveillance program that is drawing criticism from within the agency.The previously undisclosed program, called “Quiet Skies,” specifically targets travelers who “are not under investigation by any agency and are not in the Terrorist Screening Data Base,” according to a Transportation Security Administration bulletin in March.

The internal bulletin describes the program’s goal as thwarting threats to commercial aircraft “posed by unknown or partially known terrorists,” and gives the agency broad discretion over which air travelers to focus on and how closely they are tracked.

But some air marshals, in interviews and internal communications shared with the Globe, say the program has them tasked with shadowing travelers who appear to pose no real threat — a businesswoman who happened to have traveled through a Mideast hot spot, in one case; a Southwest Airlines flight attendant, in another; a fellow federal law enforcement officer, in a third.

Look at these guidelines regarding what kind of conduct and clues could justify investigating a traveler:

I am less concerned with the civil rights implications of such idiocy than I am with the fact that the policy makers responsible for airport security appear to be morons.

But we knew that, I guess. [Pointer: Amy Alkon]

2. And it isn’t just the TSA. Remember when the IRS hired the same firm that had botched the design of the Healthcare.gov website? Now a recent Treasury inspector general’s report tells us that the IRS rehired more than 200 employees fired for misconduct in a little over a year. An earlier IG report indicates that this is a pattern dating back to 2009. It occurs, apparently, because the IRS does not provide officials responsible for hiring decisions with the information about employment history, so the IRS has rehired, among others…

  • A fired worker with several misdemeanor theft convictions and one count of felony possession of a forgery device.
  • 11 employees previously disciplined for unauthorized access to taxpayer accounts.
  • An employee who was absent without leave for 270 hours—the equivalent of 33 work days.
  • An employee fired for physically threatening co-workers.
  • An employee fired for lying about previous criminal convictions on employment forms.
  • 17 employees previously caught falsifying official documents.

Two IRS employees fired for poor performance were rehired within six months. In its response letter to the Inspector General’s Office, the IRS wrote that the IRS “determined its current process is more than adequate to mitigate any risks to American taxpayers, federal agencies, and its employees.”

Oh. All righty then!

Rep. Kristi Noem, (R-S.D.) has presented a bill, the “Ensuring Integrity in the IRS Workforce Act,” to the House that would prohibit the IRS from rehiring employees fired for misconduct or poor performance.

Good. (Pointer: The Daily Signal) Continue reading

Now THIS Is Ethics Zugzwang! The Unfixable Catch-22 Of Sexual Harassment Law

A recent question to the New York Times workplace column “The Workologist” perfectly illustrates a permanent flaw in sexual harassment law. Believe it or not, I have no recommendation regarding how to fix it. I don’t think it can be fixed.

Here was the question:

I work at a blue-collar job, and I am one of four women in a crew of 40. The guys never touch or harass me, or any of the women, as far as I know.They do, however, constantly hug and grab and bump each other in a friendly way. It’s not unusual for one of the guys to go through a whole short meeting (a stand-up “huddle”) with an arm around another guy’s shoulder. No one ever touches me, and it’s not that I want them to. That would be weird. But I almost feel left out. Should I let this “bro contact” bother me?

I love it. Perfect. This is what using the law to dictate ethics can result in, and does result in frequently: hypocrisy, confusion, and a double-bind.

Let’s begin with the last sentence: “Should I let this “bro contact” bother me?” The whole point of “hostile work environment” sexual harassment law is to make sure no woman has to ask this question. A boss who responds to a female employee’s complaint of a hostile work environment-creating unwanted sexual attention in the office with “Don’t let it bother you!” has breached his or her duty under the law.

So what’s going on here? The men in the company have adopted the current fad (Yechhh.) of hugging each other to express a range of things—support, congratulation, sympathy, platonic affection—and quite properly do not hug the few women in their midst, lest one of the females, reasonably or not (or perhaps intentionally, to grab some power or cash) be made “uncomfortable,” take the physical contact as unwanted and sexual in intent, complain, and perhaps sue. By not hugging them, however, the men isolate the women, exclude them from the social fabric of the “team,” and, in essence, discriminate against them by signalling that they are “the other,” thus creating a hostile work environment.

Even if some of the women announced their consent to be treated as “one of the guys,” it would not solve the dilemma. One of those bro-hugs could still turn into a copped feel, or be perceived as crossing lines by the female huggee. Then there is the looming  third party harassment problem: a woman who has not consented to being hugged might see her female colleagues being man-handled (but completely innocently, of course) and assume that consenting to unwanted physical contact was a condition of employment, or that they would be adversely affected if they did not agree to participate enthusiastically in the hug-fest. Not treating the women in the company like the men is discrimination; treating them the same is an open invitation to a sexual harassment lawsuit. Continue reading

And The Harvey Weinstein Ethics Train Wreck Rolls On: CBS And Les Moonves

I’ll say this: he’s better looking than Harvey…

 

Ronan Farrow has struck again.

In a new investigative reporting piece, the journalist who revealed that New York State Attorney General Eric Schneiderman was a sexual abuser and who also added to the documentation of Harvey Weinstein’s horrific workplace conduct, revealed in his latest investigative article in The New Yorker that clear sexual harassment was alleged by six women in the entertainment business against Les Moonves, and that, as usual, his fish, CBS, and especially CBS News, had rotted from the head down.

Moonves is as long-established, respected and powerful a figure as there is in the media. He became the president of CBS Entertainment in 1995 and the chief executive of the company in 2006, and is paid $69.3 million a year.

You can close your eyes now and imagine everything that follows from here—it will just be a summer re-run of the Fox News debacle that eventually toppled Roger Ailes. We will need a pool to determine who will play the role of Bill O’Reilly, unless Charlie Rose qualifies. The account of actress Illeana Douglas—you know her face if not her name: she played the woman raped and mutilated by Robert DeNiro in “Cape Fear” and appears in several other Martin Scorcese films–is particularly disturbing, if familiar-sounding.

She describes Moonves grabbing her and violently kissing her during a business meeting in 1997. “What it feels like to have someone hold you down—you can’t breathe, you can’t move,” she said. “The physicality of it was horrendous.”  She made a joke and fled, she says, and soon after the episode Moonves fired Douglas from the CBS sitcom she had been cast in and told her that she would  “never work at this network again.” Continue reading

“Wait, Say That Again, Please…This Damn Little Girl I’m Walking With Keeps Distracting Me…”

Just because it is becoming an “old man shouts at cloud” cliche to point out that electronic devices are encouraging bad habits that will do unpredictable harm to society and human relations in the future doesn’t mean the observation isn’t true, or that it shouldn’t be heeded.

Yesterday, while walking Rugby in a glorious afternoon sun, I found my attention  diverted by the sound of a tiny child’s shout of glee and wonder.  A little girl, resplendent in a pink dress but not yet capable of coherent speech, had seen my happy Jack Russell from across the street and was pointing to him, laughing, and trying to get the attention of her mother as the two walked along in the opposite direction of where we were headed.  I also tried to get the woman’s notice, since my practice is to take Rugby to kids when they exhibit the reactions the little girl was running through.

The mother, however, was fully occupied talking on her cell phone. She never looked up, never saw me, never saw Rugby, or acknowledged her daughter. She just snatched the girl’s hand—the little girl had been previously hustling to keep up with her—and pulled her past us as the toddler looked longingly behind, and Rugby wagged his tail. Of course, she never interrupted the call, which I’m certain was crucial to world peace.

I see this all the time, more and more frequently: parents spending “quality time” with their children by having the kids walk along side of them (or behind), almost completely ignored, while they give most of their attention to chatting or texting to some distant friend or associate. The behavioreven bothers me when it is a dog rather than a child who being ignored, but dogs recover from neglect, emotional and otherwise, a lot better than children.

That woman, I thought, wouldn’t chat away on a phone call if she were walking with an adult companion, and then I instantly erased the idea: I have seen people doing that, too. Recently, waiting for my wife outside of the 7-11, I witnessed the depressing sight of  four teenagers walking along together, saying nothing, all with their eyed fastened to smartphones. Continue reading