U.S. Society

Morning Ethics Warm-Up: 8/8/2017: The Taunting Girl’s Softball Team

/ Jack Marshall / 42 Comments

Good Morning!

I’m squeezed today like fresh orange juice!

I have an early morning ethics seminar in about 90 minutes, so one topic is all I have time for. But it is a good warm-up, reaching an ethics issue—the proper level of punishment for civility breaches in sports— recently discussed here, but with very different factors and ethical considerations involved.

Here and Virginia, many are steaming over the harsh punishment handed down to the victorious Atlee Little League girls’ softball team, which was kicked out of  the Junior League World Series,  featuring the best 12-to-15-year-old girls teams in the world, only hours before its players were about to take the field on national television. The team’s offense: an unsportsmanlike social media post, taunting its last opponent.

Atlee prevailed in a week long tournament in Kirkland, Washington, culminating in tense 1-0 victory in the semifinal game against the host team. Apparently resentment between the teams ran high, and the game featured a controversy over the Kirkland team stealing signs. (Stealing signs in a girls’ softball game? Wow. I didn’t even think there were signs in girls’ softball!)

After the victory, the carptain of the Atlee team used Snapchat to post a photo of showing six members of the team flipping the Fuck You Finger at the Kirkland team.

The Atlee manager Scott Currie heard about the post and had it deleted. Then he arranged for his team to deliver a formal apology in person  to the Kirkland players the same evening. Nonetheless, it was too little, too late. The next morning the head office of the Little League World Series disqualified Atlee from the tournament, and awarded Kirkland the berth in the title game.

The Junior League  issued the following statement:

“After discovering a recent inappropriate social media post involving members of Atlee Little League’s Junior League Softball tournament team, the Little League® International Tournament Committee has removed the Southeast Region from the 2017 Junior League Softball World Series for violation of Little League’s policies regarding unsportsmanlike conduct, inappropriate use of social media, and the high standard that Little League International holds for all its participants.”

Not surprisingly, supporters of the Atlee team, and the team itself, feel that the punishment is excessive.

Observations: Continue reading →

Unethical Op-Ed Of The Month: “Don’t Weaken Title IX Campus Sex Assault Policies” (The New York Times)

/ Jack Marshall / 37 Comments

Do you know what this monstrosity of an op-ed finds outrageous about Betsey DeVos’s efforts to undue the Obama administration’s “guilty unless proven innocent”  standard for campus rape allegations?  It involves too much due process, as in basic fairness before a citizen is grievously punished and harmed by the determination that he or she has committed a crime.. The authors, Jon Krakauer and Laura L. Dunn, put it this way:

“…the defendant is presumed at trial to be innocent — which encourages scrutiny of the accuser.”

Damn right it does. Before someone is punished for a vile crime like rape or sexual assault, the accuser’s credibility and motives must be established. Astonishingly, with all the horrific examples of men being falsely accused of rape, like here, here, and here, the campus activists, feminists, progressives and the social justice warriors continue to insist that any female accuser should be presumed to be a victim, meaning that the accused is de facto presumed to be guilty.

“Sex-crime trials, like all criminal proceedings, set an extremely high bar for conviction to diminish the chance that an innocent person will be unjustly incarcerated. In contrast, the harshest penalty a university can inflict in a Title IX hearing is expulsion, an outcome that does not demand such a stringent burden of proof. In these hearings, neither party is favored, and by leveling the procedural playing field, Title IX makes it more likely that students will report sexual violence.”

The problem with this supposed fairness of “neither party is favored” is that for one party, there are no negative consequences of an insufficiently-supported accusation being rejected. For the individual accused, the stakes are far greater, life altering and potentially dire. More:

“Whenever a student is accused of sexual assault, university administrators need to render their judgment with tremendous care, because erroneously determining that a student is responsible for sexual misconduct can cause lasting harm. But just as much care needs to be taken to make sure that students who commit sexual assault are not let off the hook.”

In other words, the ends justify the means. This is the same mindset expressed in 2015 by Democratic Congressman  Jared Polis, at a congressional hearing on campus sexual assault. 

He said, earning him an Unethical Quote and an Incompetent Elected Official designation on Ethics Alarms,

“If there’s 10 people that have been accused and under a reasonable likelihood standard maybe one or two did it, seems better to get rid of all 10 people. We’re not talking about depriving them of life or liberty, we’re talking about their transfer to another university.”

Krakauer and  Dunn similarly shrug off the consequences to a young man of being falsely tarred as a rapist and kicked out of school: it’s not like staying in the college you enrolled in is a right. Like Polis, they pretend that there are minimal adverse life consequences from being branded a rapist. Continue reading →

The Bikers vs. The Bullies

/ Jack Marshall / 6 Comments

I need an uplifting ethics story about now. How about you?

Fort Wayne, Indiana sixth grader Phil Mick’s was dreading his his first day of sixth grade last week. The 11-year old was routinely a target of bullies at DeKalb Middle School. Family friend Brent Warfield of KDZ Motorcycle Sales & Service learned about the child’s problem over the Christmas holidays last year, and vowed to help him solve the problem…a solution that did not involve, as it so often does with bullying, a slippery slope-courting suppression of free speech principles.

Warfield used his connections in the biker community to promote a motorcade for Phil that would show any ill-wishers that he had friends that could reform bullies in a memorable and emphatic manner if so required. Getting the word out on Facebook and elsewhere on the web ( there is a non-profit organization called Bikers Against Bullies), Warfield attracted about 50 bikers from around the state. They gathered at a local restaurant for the motorcade, and the roaring throng took a thrilled Phil Mick to his first day of school. School principal Matt Vince said that the sound reverberated off the exterior brick walls.

Vince told reporters that he commended the motorcyclists for supporting Phil while making a statement against bullying “in a positive way.”

My father, who had to change schools often during the Depression as his single mother sought work and affordable lodging, told me that as a chubby, unethletic-looking, quiet kid who refused to be submissive to anyone he was bullied at every single new school he attended. It was a ritual of his childhood, and Jack Sr.’s only available response was to fight his larger tormentors using his fists.

“Oh, I always lost,” he told me. “But I got some good shots in, and that was enough. Bullies don’t like to keep bothering the kids who fight back;’ it’s too much trouble.”

“Plus they were afraid of my dog [a big Airedale named Bumbo].”

Phil Mick’s method is even better.

Morning Ethics Warm-Up: 8/5/17

/ Jack Marshall / 36 Comments

Good morning!

1. I’ll have more later on the leaked transcripts of the President’s private conversations with the presidents of Mexico and Australia. Whoever did it was betraying his or her superior and the nation, and  needs to be identified and prosecuted. This is malicious sabotage, and nothing less, designed to make it more difficult for this President to function. Those attempting to justify it and rationalize it disqualify themselves as objective critics of the President and also as responsible citizens. The conduct cannot be justified, and no one should attempt to justify it.

The Washington Post publishing the transcripts is a hostile act. True, in today’s Wikileaks world they would have been put online somewhere, but absent some scandalous disclosure in one or both of them, this wasn’t news. The news is that embedded foes of ourelected government are willing to harm the nation in order to undermine the President.

Eventually, the question turned yesterday to why the contents of the transcripts did not prompt any further headlines or allegations of scandal. The answer is that the hoped-for smoking gun proof of the President’s incompetence did not surface in either conversation, so they were no longer of any interest. Ann Althouse, to her credit, waded through the entire exchange with  Peña Nieto, and you can read her analysis. The liberal blogger’s conclusion:

“But what can his antagonists grab onto? They can’t very well oppose crushing the drug gangs or better trade deals. So it’s no wonder they went big with Oh! He insulted New Hampshire! And that’s it for the transcripts. Don’t encourage people to actually read them. They might think Trump did just fine.”

Can’t have that.

2.  Rep. Maxine Waters responded to the leaked discussions by saying that she hoped such leaks continued. She is calling for and endorsing illegal and unethical conduct that is damaging to the United States, as a sitting member of Congress. I wonder if she could say anything, including calling for Trump’s assassination, that would attarct rebuke from her party? I doubt it. I remember the howls of horror from Democrats during the 2016 campaign when candidate Trump said,

“I will tell you this, Russia: If you’re listening, I hope you’re able to find the 30,000 emails that are missing. I think you will probably be rewarded mightily by our press”

There is no ethical difference between calling for Russia to hack a U.S. citizen’s e-mails and calling for government employees to break the law to reveal secret government communications. If there is a difference, it was that Trump was joking, and Waters is not.

3.  With tattoos more popular and visible than ever, the Federalist is suggesting that there is something wrong with getting them—that is, wrong other than the fact that many people think they are unsightly; that the more people have them, the less effective the things are as statements of rebellion and individuality; that they trigger biases in many people (like me), including employers (Did you know that the Armed Services will to accept a volunteer with more than 25% of his or her body covered by tattoos, on the theory that this is res ipsa loquitur for someone with dubious judgment?); and that they are excessive expenditures for a permanent ink-blotch that the odds say you will regret sooner or later. Continue reading →

The Unabomber Had A Point. [UPDATED]

/ Jack Marshall / 37 Comments

FX has a new limited series about the hunt for the Unabomber, Theodore John Kaczynski. I didn’t pay much attention to the story when it was going on; I just thought it was one more Harvard-grad-turns-serial-killer episode, and that was that. I certainly didn’t pay attention to his “manifesto.” The series, however, enlightened me.  As I understand it, Ted believed that technology was destroying society, making us all slaves to it, and taking the joy out of life. I have yet to see how blowing people up addressed this problem, but then he shouldn’t have to be right about everything. The evidence has been mounting since 1995, when he killed his final victim,that  the Unabomber  wasn’t quite as crazy as we thought.

I could bury you in links, but will not.  We are slaves, for example, to passwords. I teach lawyers that their devices containing client confidences should, to be properly protective of them under ethics standards, have passwords of at least 18 random letters, characters and numbers, with the password for every such device being different, and all of them changed every month. Or you can go the John Podesta route, use “password.” and get hacked, and eventually disciplined by your bar association, once they decide to get serious.

[CORRECTION: In the original post, I relayed a link to a site where you can check your password to see if it’s been compromised. I had been forwarded the link by another tech-interested lawyer. But as I was just alerted by a commenter (Than you, Brian!) It’s apotential trap and an unethical site, making you reveal your password to check it. I apologize for posting it. See how dangerous and tricky this stuff is? See? SEE?.I fell for the trap of depending on technology to protect us from technology! Ted warned us about that, too.]

Then there is this feature in The Atlantic. An excerpt: Continue reading →

Morning Ethics Warm-Up: 8/3/17

/ Jack Marshall / 120 Comments

Baaaaad Morning for me, GOOD MORNING to you, I hope.

1.  The New York Times, I thought, has an unusually fair story on the two phantom Trump phone calls that roiled “the resistance” yesterday. The President had said that he had received “calls” from the President of Mexico and the Boy Scout leadership, the former to salute him for getting tough at the border and the other to praise his controversial remarks at the annual Jamboree. There were no such calls, as the Mexico and the BSA had strongly suggested, and the White House confirmed this yesterday. In its piece this morning, the Times included a germane quote from pre-politics Trump in his 1987 book “The Art of the Deal”:

“People want to believe that something is the biggest and the greatest and the most spectacular. I call it truthful hyperbole. It’s an innocent form of exaggeration — and a very effective form of promotion.”

Germane, except that we already know that he thinks this way—and I don’t think referring to a conversation (in the case of Mexico) or multiple members of the Boy Scouts leadership”praising his speech in person after he was done (“Nice job!” “Great speech!” “The boys really appreciated it!”) as phone calls qualifies as “hyperbole,” truthful or otherwise.

These are examples of the President’s well-established addiction to speaking in word clouds and approximations. He “saw” (well, maybe not literally) “thousands of Muslims” (Okay, maybe he didn’t see them, but they were there! ) celebrating the doom of the Twin Towers in New Jersey. He never supported the Iraq invasion (saying otherwise to Howard Stern doesn’t count). Now add the hundreds of others we either discussed here or that were flashpoints during the campaign. The President’s attitude toward these little and large imprecisions of language has been, apparently since childhood, “Whatever.” He really doesn’t think they matter, because to him the difference between, for example, “calls” and other communications doesn’t matter.

It’s a terrible habit. It undermines his credibility. It weakens his ability to persuade and lead. It makes him look foolish, careless and stupid, and shows a lack of discipline. It gives his intractable foes easy bullets to shoot at him. It’s also an established trait, at this point. This is, again, the Julie Principle. This is how he is, and both his supporters and detractors know it. What  is accomplished by treating each new example as a major scandal? “Well, you can’t just let him get away with it!” is the reply.

He doesn’t get away with it. It undermines his credibility. It weaken his ability to persuade and lead. It makes him look foolish,  careless and stupid, and shows a lack of discipline.

2. The Times seems to make a mild “everybody does it” excuse for the President, citing the examples of two Presidents the Times also hated, LBJ and Reagan, mostly Reagan. “It is hardly unprecedented for a president to use a story to inspire or motivate, or to embellish a yarn for the sake of punctuating a poignant message,” the Times says. Then it recounts this: Continue reading →

Morning Ethics Warm-Up: 8/2/17

/ Jack Marshall / 156 Comments

Gooooood morning!

(I don’t know about you, but it’s always a good morning for me when the Boston Red Sox win the most exciting game of the baseball season so far with a three-run homer in the bottom of the ninth after what should have been the last out reached first because  a swinging strike three went through the catcher for a passed ball….)

1. Yesterday, the gang at HLN were laughing and guffawing over the fact that someone sent e-mails purporting to be from Anthony Scaramucci to various White House officials and fooled the recipients into responding. Such publicity is what hoaxers dream about. This is why we have despicable fake news sites like “The News Nerd” and others. This is why Facebook feels it needs a special task force to search out and destroy false representations. CNN and other news media also treated the e-mails as significant news—more newsworthy, for example, than the Pakistani crooks the Democratic party had handling sensitive e-mails and other data. Why is this news, other than the fact that the “bad guys” were fooled, in the warped perspective of “resistance” journalists? More to the point, why is it funny? Why is the news media encouraging hoaxes by rewarding them with the notoriety they crave, so they can puff up their little pigeon chests and say, “See? I matter!”

The reports attempted to bootstrap the story by explaining that fake e-mails are how cyber-predators can get access to e-mail accounts. Those phishing episodes, however, involve the credulous recipients clicking on links in the message, which did not occur here. That’s what Hillary Clinton and John Podesta did. I don’t recall HLN chortling about that, however.

2. I’m still waiting for the news media’s apology to Sarah Palin. The news from UK socialized medicine today:

“Obese people will be routinely refused operations across the NHS, health service bosses have warned, after one authority said it would limit procedures on an unprecedented scale.Hospital leaders in North Yorkshire said that patients with a body mass index (BMI) of 30 or above – as well as smokers – will be barred from most surgery for up to a year amid increasingly desperate measures to plug a funding black hole. The restrictions will apply to standard hip and knee operations. The decision, described by the Royal College of Surgeons as the “most severe the modern NHS has ever seen”, led to warnings that other trusts will soon be forced to follow suit and rationing will become the norm if the current funding crisis continues.”

Continue reading →

Lying To Us To Make Us Feel Better: Those Fake Crosswalk Buttons

/ Jack Marshall / 75 Comments

In the classic science fiction story “The Marching Morons”  by American writer Cyril M. Kornbluth,  the world hundreds of years in the future is a reverse-eugenics nightmare. Between centuries of intelligent people not having children (perhaps to address climate change?) and excessive breeding by fools and dolts, the typical member of the public has an IQ of around 45, while an elite few who have IQs of 100 or more work around the clock to save the world, and the morons, from chaos. One of their tricks is to manufacture cars that make lots of noise and create the illusion of high speeds to fool the morons, who are (as we all know) wretched drivers. In truth, the cars crawl along more slowly than tricycles.

I thought of this when reader and frequent commentator here Charles Green noted in his excellent newsletter that those buttons at pedestrian crosswalks in major cities are an intentional fraud on the public, a placebo to keep us calm and feeling in control when we are not. Charles link was to my old hometown paper, the Boston Globe, but it’s behind a paywall. Never mind, though: newspapers have periodically been noting this phenomenon for years. They apparently think it is amusing. It isn’t.

The New York Times reported in 2004 that the city deactivated most of the pedestrian buttons long ago with the advent of computer-controlled traffic signals.  Today there are 120 working signals; about 500 were removed during major construction projects. But it was estimated that it would cost $1 million to dismantle the rest of non-functioning mechanisms, over a thousand of them, so city officials decided to keep them in place. And people keep pushing them. After all, sometimes, by sheer luck, the light changes soon after the button has been pushed. It works!

Tribal rains dances “work” the same way.

ABC News reported in 2010 that it found only one functioning crosswalk button in a survey of signals in Austin, Texas.; Gainesville, Florida, and Syracuse, New York. Other studies have turned up similar results in dozens of other cities. To be clear, presenting a button to pedestrians that is represented as a legitimate tool to cross the street when in fact it does nothing is a lie. It is an intentional falsehood, designed to deceive. Continue reading →

The D.C. Court Of Appeals Handgun Decision [UPDATED]

/ Jack Marshall / 20 Comments

The U.S. Court of Appeals for the District of Columbia Circuit ruled this week that it is unconstitutional for the District government to restrict handgun licenses only to citizens who can prove a “special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks that demonstrate a special danger to the applicant’s life.” D.C. now must follow a standard system approved by the Supreme Court as not unduly burdensome to Second Amendment rights: issuing permits to adults who pass a fingerprint-based background check and a safety training class.

You can read the whole opinion here.  Two cases were under scrutiny: Wrenn v. District of Columbia and Matthew Grace and Pink Pistols v. District of Columbia.  Circuit Judge Thomas B. Griffith wrote the opinion and was joined by Senior Judge Stephen F. Williams. Judge Karen LeCraft. Judge Karen Henderson, a Republican appointee, dissented.

This is a liberal court, but it properly upheld the Second Amendment while slapping down anti-gun talking points that I have always found obnoxious and totalitarian in spirit. “Why does anyone need a gun? Why do they need a semi-automatic weapon? Why do they need so much ammunition? I don’t need a gun. Guns are dangerous. If I don’t need one, you don’t need one.”

The government doesn’t have the right to tell me what I need. Strangers don’t get to tell me that my needs are unreasonable based on their beliefs and biases. In 2013, playwright and screenwriter David Mamet wrote an op-ed for Newsweek nicely articulating these principles. (If it is still available in its entirety, I lack the cleverness to find it. [UPDATE: Reader Frank Stephens was clever enough, and the link is here]. Newsweek banished the article to its ally The Daily Beast, where all links, including in my post about it, lead. That link is now dead: it just goes to the website. I searched the Daily Beast for the article: it isn’t there. But, oddly, a rebuttal to the article is. I suppose this is how the news media silences the apostates in its midst. Fortunately, this passage survives: Continue reading →

The Ohio State Fair Accident: Thanks, TV News, But I’LL Decide What I Should See

/ Jack Marshall / 42 Comments

From ABC News:

Eighteen-year-old Tyler Jarrell, of Columbus, Ohio, was killed Wednesday evening when the Fire Ball ride he was on at the Ohio State Fair broke apart in mid-air, the Ohio State Highway Patrol said. Seven people were also injured in the incident…The victims were transported to local hospitals and at least three are in critical condition.

On all the news channels I saw, including CNN, HLN, ABC, Fox and CBS, video taken by an onlooker was frozen at the moment the ride broke apart. As HLN’s  cheery Robin Meade put it, “We’re not going to show the rest of the video, because it’s graphic and disturbing.”

Wait, Robin: YOU saw it. The producers saw it. Why don’t I get to see it?

I posted the unedited video above. It’s not any more graphic than this…

 

…and people paid to see that scene. But never mind, the silly hyper-protectiveness isn’t the ethics issue.

The ethics issue is that this is how journalists convince themselves  that they can withhold information, or distort it, change it or spin it for our own good. No, I don’t grant them that privilege, or the role. The job of the news media is to let us know what happened, as thoroughly as they know it. Today it’s some people flying off of a malfunctioning fair ride, yesterday it’s that a President of the U.S. might have raped someone. Tomorrow it might be, oh, I don’t know, this story, which had barely nicked the news networks as of yesterday.

I don’t trust these people to decide what it’s healthy for me to watch. If they want to give warnings, fine. I want the news, the whole news, and nothing but the news. Continue reading →