U.S. Society

What A Surprise: The Patriots Cheated. Now Comes The Integrity Check For The NFL And Its Fans

/ Jack Marshall / 20 Comments

deflated-football

From the New York Times:

…On Wednesday, the N.F.L. released its report on its investigation into the scandal surrounding the surreptitious and rule-violating practice of deflating game-day footballs. Using detailed accounts and circumstantial evidence, it implicated Brady as part of the operation, saying he surely knew that the two employees, McNally, 48, and Jastremski, then 35, were purposely deflating footballs to a level beyond the permissible threshold for Brady’s benefit.

“There is less direct evidence linking Brady to tampering activities than either McNally or Jastremski,” the report said. “We nevertheless believe, based on the totality of the evidence, that it is more probable than not that Brady was at least generally aware of the inappropriate activities of McNally and Jastremski.”

The N.F.L. report absolved other top Patriots officials, including Coach Bill Belichick, the owner Robert K. Kraft and the equipment manager Dave Schoenfeld, saying that there was “no wrongdoing or knowledge of wrongdoing” on their part….

I wrote the headline before I remembered: the NFL has no integrity, and neither do its fans. It was very clear that the Pats had cheated to get to the Super Bowl, and had the NFL cared anything about integrity, it would have completed its investigation in time to tell the Indianapolis Colts that they, and not the New England Serial Cheats, were going to the biggest game of the year, since it had lost the chance to a dastardly opponent. Instead, the league basked in the marquee match-up and one of the best games ever, and waited until now, four months later, with football as far out of mind as it can be, to announce that the New England Patriots, again, had cheated. Clever. Too clever.

I wrote a lot about this when it occurred, and had to put up with the predictable “innocent until proven guilty” crowd, the “it’s only a game ” crowd, the ” they would have won anyway” crowd, the “everybody cheats” crowd, the “it’s not like he invaded Iraq” crowd—essentially Barry Bonds defenders, Obama enablers, and Bill Clinton fans with football jerseys and Patriots beer mugs.  Now I get the Hillary Clinton crowd, who will ask, “What difference, at this point, does it make?” The NFL can make billions being as corrupt as it is, maiming athletes and turning colleges into shams, because so many, many Americans value a visceral rush on winter Sundays over fairness, justice, and honesty.

Observations: Continue reading →

Unethical Quote Of The Week: Washington Post Columnist Eugene Robinson

/ Jack Marshall / 36 Comments

“The first two steps toward uplifting young black men are simple: Stop killing them and stop locking them in prison for nonviolent offenses. Subsequent steps are harder, but no real progress can be made until the basic right to life and liberty is secured. If anything positive is to come of Freddie Gray’s death and the Baltimore rioting that ensued, let it be a new and clear-eyed focus on these fundamental issues of daily life for millions of Americans.”

—Washington Post Columnist Eugene Robinson, in an op-ed called “It’s time to seriously rethink ‘zero tolerance’ policing.”

"Honoring Excellence in Journalism, and the occasional incompetent hack..."

“Honoring Excellence in Journalism, and the occasional incompetent hack…”

Seldom have I read a column by a prominent pundit that so disqualified itself from serious consideration by the utter foolishness of its first sentence. Robinson has a right to say any silly thing he chooses, but as a columnist for a major newspaper, he has an obligation to use his extra-loud trumpet responsibly, because ideas have power, and really, really stupid ideas do terrible damage when supposedly smart and influential “experts” begin promoting them.

Robinson has a Pulitzer Prize, not that I have ever seen evidence of why. A paragraph like this one, however, ought to be grounds for revocation. It is Pulitzer Prize-winner malpractice. I know that Robinson is an African-American and a Democratic Party cheer-leader, right or wrong, and feels like he has to jump on board whatever pandering policy bandwagons the Democratic standard bearers start driving whether they make any sense or not.  But there have to be limits. All right, let’s debate non-confinement punishments for drug offenses, since apparently a disproportional number of  African-Americans find simply obeying  laws unfairly challenging. It is certainly not healthy for any society to have an already under-performing demographic group suffering from a critical mass of life, career and family disruption.

To say, however, as Robinson does, that the “easy” part of the solution is to “stop locking them in prison for nonviolent offenses” is irresponsible beyond belief or excuse. Non-violent drug offenses? I’ll tolerate the debate. All non-violent offenses? Burglary,  grand theft, forgery, drunk driving, fraud, identify theft…no prison time? What, then? Or do we just legalize those things? Continue reading →

There Is No “Debate”: Graffiti Artists Are Vandals, And The First Step To Stopping Them Is To Eliminate The Myth That They Might Be Anything Else

/ Jack Marshall / 32 Comments
Rattlesnake Canyon "art": Breathtaking!

Rattlesnake Canyon “art”:
Breathtaking!

Since I don’t get out to the ol’ hiking trail that often, being chained to my desk, I was blissfully unaware that a group of lawless and arrogant vandals masquerading as “graffitti artists” are moving their ugly misappropriation of public spaces to the wild.

From the L.A. Times:

Andre Saraiva is an internationally known graffiti artist. He owns nightclubs in Paris and New York, works as a top editor of the men’s fashion magazine L’Officiel Hommes and has appeared in countless glossy magazines as a tastemaker and bon vivant. Two months ago he showed up on the decidedly un-fashionista website Modern Hiker, along with a photo of a boulder he tagged in Joshua Tree National Park. Since then, Saraiva, who lives in France and is known by his fans as Mr. Andre and Mr. A., has been scorned by American nature lovers and thrust into a highly charged debate. Saraiva is of a new generation of graffiti artists who regard nature — not just the built environment — as their canvas. They tag national parks, then post photos of their work on the Internet.

The Times—they are so open-minded in California!—goes on to say that “those acts infuriate outdoor enthusiasts,” as if there is any reason for the acts not to infuriate every thinking and reasoning human being on the planet. This is the awful journalistic device I have flagged in a political context, minimizing clearly unethical conduct by suggesting that only those with an agenda see it as wrong. “GOP critics assail Hillary Clinton for foreign donors,” for example, is a misleading characterization suggesting that one would and should only object to blatantly unethical conduct if one was a Clinton foe. Wrong. There is something ethically rotten about anyone who doesn’t see Clinton’s conduct as seriously unethical, just as everyone, not just “outdoor enthusiasts,” should recognize that defacing rocks, trees and landscapes is indefensible, ethically and legally.

Andre Saraiva is a fick–a person who acts unethically and celebrates it shamelessly. He is an art fick, a sub-species Ethics Alarms has not encountered often.

Jonathan Turley, a hiking enthusiast as well as a Constitutional scholar, makes his conclusion crystal clear, in the embodiment of the Ethics Alarms principle that “where ethics fail, law steps in”: Continue reading →

The Humiliation of Alexus Miller-Wigfall

/ Jack Marshall / 57 Comments

Prom Dress

Some stories of the malfunctioning of  ethics alarms in school administrators make me want to weep, go postal, or begin a national movement to bring down the public school system for good, so untrustworthy are its stewards.

This one made me want to do all three.

The incompetent and cruel administrators at Harrisburg’s Sci-Tech High School told student Alexus Miller Wigfall that she would be suspended because the prom dress she wore was “too revealing.” The school’s dress code, like most dress codes, is so badly worded that it defies reasonable construction: this one requires “all body parts” to be covered, suggesting that the only acceptable prom dress would be something like this…

woman in Burka

Cute! Continue reading →

Swastika Ethics: 8 Observations On The George Washington University “Hate Crime”

/ Jack Marshall / 13 Comments

swastika

I was recently reminded about the origins of the Nazi swastika, ironically enough, during the Cincinnati funeral service of my dear friend, Georgetown classmate,  lawyer and patriot Mitchell Dale, who died last summer. Looking down during a prayer, I was startled to see the Hindu version of the symbol in a mosaic imbedded in the church floor.

Oddly, the pastor and mourners weren’t arrested.

Yet last month, an unnamed Jewish student placed a small, bronze, Indian swastika on the bulletin board of his Jewish fraternity, Zeta Beta Tau, in the university’s International House. The building had recently been the target of an unidentified vandal who drew three swastikas on the walls. After posting the swastika, the student stayed close to the bulletin board, intending to discuss it and the previous vandalism with observers. He briefly stepped away, unfortunately for him, and during that period a member of the student’s fraternity saw the swastika and called GWU’s campus police. They  filed a report and took the swastika as evidence. When the student found out the police had been called, he immediately came forward to authorities and said that he had posted the  image to spark a conversation about the ancient symbol, cultural appropriation, messages, perception…as in what used to be called “education.” He said he did not intend to offend anyone, noting in doing so that this was an Indian swastika, not a Nazi one. He had just returned from studying religion in India, and said he became fascinated by the idea that a symbol that was not one of hate could become so defined by hate.

GWU suspended the student and evicted him from university housing pending the outcome of five disciplinary charges. The university also kicked him off campus, and referred the incident to the District of Columbia police for investigation as a potential “hate crime.” He could face expulsion.

Ethics observations:

1. FIRE, Freedom for Individual Rights in Education, is on the case. Thank you, FIRE. FIRE Program Officer and attorney Ari Cohn wrote,

“GWU may not ignore thousands of years of history and effectively forbid all uses of the swastika because it was used by Nazi Germany. It’s ironic that the charges against the student illustrate the very point he was trying to make in the first place—that context is important and there’s much to be learned about the history of the swastika.”

2. Now the Hindu American Foundation is protesting as well. This is the wonderful aspect of diversity, and a warning to institutions and diversity hounds that diversity must cut in all directions, or is a sham. It is discriminatory for a university to demonize and censor an aspect of a world religion’s symbology and culture. Do you think the administrators at GW sufficiently understood this, or just didn’t care, going with what they perceived as the most powerful interest group?

3. The George Washington fiasco comes in the wake of other  colleges  responding to anti-Semitic swastika vandalism, but that shouldn’t have mattered. Continue reading →

Unethical Website Of The Month: GoFundMe

/ Jack Marshall / 12 Comments
GoFundMe thinks the 6th Amendment is heinous, apparently...

GoFundMe thinks the 6th Amendment is heinous, apparently…

A about a week ago, I designated the crowd-funding website GoFundMe an Ethics Dunce. Now it’s clear that it is worse than that. It’s an unethical website, period.

After the six Baltimore police officers were prematurely charged with serious crimes before the investigation into the death of Freddie Gray was complete, the Baltimore City Fraternal Order of Police created a GoFundMe page for their defense. Less than an hour later, it was taken down, with GoFundMe citing the same dubious policy it used to cut off support for a bakery driven out of business by vengeful same-sex marriage supporters:

“‘Campaigns in defense of formal charges of heinous crimes’ are prohibited by our terms . . . GoFundMe cannot be used to benefit those who are charged with serious violations of the law.” Continue reading →

Emoji Ethics…Oh, All Right, I Won’t Be Coy: The Unethical Firing Of Chad Franks

/ Jack Marshall / 22 Comments

Screen-Shot-2015-04-28-at-10.50.42-PM

Would you fire someone based on that tweet? Is it so horrible to you, so seering to your senses, that it warrants harming a human being’s career and welfare? Can you even detect what it was that got its author fired? Could the person doing the firing believe that he or she would deserve firing for such a tweet, as in, say, The Golden Rule?

Has the world gone mad?

First the basics: What the hell is an emoji? From Wikipedia:

“Emoji (絵文字（えもじ）are the ideograms or smileys used in Japanese electronic messages and Web pages, the use of which is spreading outside Japan. Originally meaning pictograph, the word emoji literally means “picture” (e) + “character” (moji). The characters are used much like ASCII emoticons or kaomoji, but a wider range is provided, and the icons are standardized and built into the handsets. Some emoji are very specific to Japanese culture, such as a bowing businessman, a face wearing a face mask, a white flower used to denote “brilliant homework,” or a group of emoji representing popular foods: ramen noodles, dango, onigiri, Japanese curry, and sushi. The three main Japanese mobile operators, NTT DoCoMo, au, and SoftBank Mobile (formerly Vodafone), have each defined their own variants of emoji. Although originally only available in Japan, some emoji character sets have been incorporated into Unicode, allowing them to be used elsewhere as well. As a result, emoji have become increasingly popular after their international inclusion in Apple’s iOS in 2011 as the Apple Color Emoji typeface,which was followed by similar adoption by Android and other mobile operating systems. Apple’s OS X operating system supports emoji as of version 10.7 (Lion).Microsoft added monochrome Unicode emoji coverage to the Segoe UI Symbol system font in Windows 8 and added color emoji in Windows 8.1 via the Segoe UI Emoji font.”

In short, they are tiny pictures increasingly used by Twitter freaks to jazz up their tweets. If you don’t look for them, you may miss them. They are, essentially, cartoons.

Chad Shanks, who ran the NBA Houston Rockets’  Twitter account as the team’s digital communications manager, posted the above tweet to celebrate the impending end of the first-round NBA play-off series with the Dallas Mavericks. The emoji of a pistol pointed at a an emoji of a horse’s head—the Mavericks’ mascot is some kind of a horse-human hybrid monster—in the upper left-hand corner was deemed by management so vile that Shanks’ head had to metaphorically roll. The shocking, PTSD triggering tweet with its reference to cartoon violence was deleted and sent to cyber Hell, and Shanks grovelled an apology, writing, via Twitter, of course, that he was no longer with the organization:

“I did my best to make the account the best in the NBA by pushing the envelope, but pushed too far for some and for that I apologize….Sometimes you can go too far. I will no longer run @HoustonRockets  but am grateful to the organization that let me develop an online voice.” Continue reading →

Unethical Quote Of The Week: Hillary Clinton

/ Jack Marshall / 237 Comments

black-men-jail

“There is something wrong when a third of all black men face the prospect of prison during their lifetimes.”

—Hillary Clinton, in an address, to the David N. Dinkins Leadership & Public Policy Forum decrying “mass incarceration.”

So few words, so much deceit.

We are going to hear a lot of this theme, apparently, unless or maybe even if Democrats get responsible and choose a candidate other than the ethically compromised (and compromisable) Mrs. Clinton. “Mass incarceration” itself is a loaded term that sounds as if random citizens are rounded up and locked up by the government just for the hell of it. It is redolent of the political arrests of totalitarian regimes, and as such, misleading and irresponsible.

Likewise, the Unethical Quote of the Week that Hillary just authored suggests that black men are imprisoned without their doing anything untoward to justify it. A third of all black men don’t face the prospect of prison unless at least a third have broken laws or are anticipating breaking laws that require prison as the penalty. 100% of non-criminal black men—what we call “good citizens”— don’t “face” imprisonment at all. “Face” means that the fate is looming over their heads, ready to fall at any time. That’s nonsense, and a classic use of statistics to deceive. Prison is not a “prospect” for anyone who does not set out to commit a crime. Continue reading →

The Freddie Gray Ethics Train Wreck: If Protesters Really Want Justice, Then They Have To Stop Making Justice Impossible

/ Jack Marshall / 31 Comments
Maybe it's all the same train wreck after all....

Maybe it’s all the same train wreck after all….

Yes, the mysterious death of Freddie Gray from injuries he sustained while in the custody of the Baltimore police has now become a certified Ethics Alarms Ethics Train Wreck. That honor was guaranteed once Baltimore’s mayor started stumbling over her words and meaning and then blaming others; when looters and rioters began burning down stores and a seniors home; when the finger-pointing began and when shameless Republicans started politicizing the riots, notably Texas Congressman Bill Flores (R-TX) who somehow reasoned that the Baltimore riots prove the dangers of gay marriage.

Most of all, a train wreck rating was guaranteed once the African-American activist response to Gray’s murder, inflamed by incompetent handling of the incident by the Baltimore police department, exactly followed the script of the Ferguson Ethics Train Wreck. Gray’s death was pronounced a murder and the police response a racist cover-up before all the facts were known or even knowable. Never mind: “Black Lives Matter” signs were paraded on the streets, and columnists and news reporters began telling the story as if Gray was—not might have been, not probably was, but was—just another in the long line of young black men murdered by the police. After all, we had the recent Walter Scott shooting, captured on video, to justify a presumption of racism and murder.

But a presumption of racism and murder, absent proof, is never justified. It isn’t allowed in court, and it isn’t ethical out of court. Never mind: that’s where we now are with Freddie Gray and Baltimore. Maybe this isn’t a new Ethics Train Wreck. Maybe it’s just the Ferguson Ethics Train Wreck, just rolling on.

As with Mike Brown (and Trayvon Martin’s death) , the underlying narrative of the protests over Freddie Gray’s death appears to be less certain than it originally appeared. The Washington Post reports that a prisoner who was in the police van with Freddie Gray says he could hear Gray “banging against the walls” of the vehicle, suggesting that Gray  “was intentionally trying to injure himself.” The prisoner’s statement is contained in an affidavit that’s part of an application by the police for search warrant seeking the seizure of the uniform worn by one of the officers involved in Gray’s arrest. If that account has any credibility at all, it could result in a prosecutor’s legitimate refusal to indict any officers. Continue reading →

Death Throes Of The Death Penalty: Dumb Expert, Dumb Advocates, Dumb Debate

/ Jack Marshall / 19 Comments

“Next!”

As I recently concluded, the death penalty is beyond saving, not because it can’t be defended ethically and morally, but because the issues are tangled beyond repair.

The controversy over the legality of the so-called drug cocktails that somehow became our execution method of choice is a perfect example. The battles over capital punishment trapped policy-makers into this kinder, gentler, ridiculously complicated method of execution that has suffered snafus ranging from unavailable drugs to ugly extended deaths. The problem is the floating definition of “cruel and unusual punishment,” prohibited by the Constitution, but almost entirely subjective. Many judges think killing a killer is itself cruel by definition, and the more reluctant Western Europe becomes to execute the worst of the worst, the easier it is to make the argument that the death penalty is also unusual.

I don’t get it. I never have. India once executed condemned criminals by having the subject place his head on a stump under the raised foot of  trained elephant, which on a command would smash the head like a grape. Quick, painless–messy!—but virtually fool-proof. A pile-driver would be an acceptable equivalent.  Ah, but ick! In this stupid, stupid, intellectually dishonest debate, ick always equals “cruel and unusual,” because to opponents of the death penalty, killing people, even horrible, dangerous people, is inherently icky.

(Oddly, ripping unborn babies out of the womb is not, but I digress.)

I’ve admitted it, and I will again. (This lost Ethics Alarms Luke G., one of its best commenters the last time.*) It is obviously wrong to intentionally prolong an execution or deliberately cause pain, but if the occasional execution is botched and the condemned suffers, that should be cause for great rending of garments, nor should it be used to discredit capital punishment. As I wrote here about Clayton Lockett’s execution in Oklahoma…

“There was no question of Lockett’s guilt, and his crime was inhuman. Such wanton cruelty and disregard for innocent life warrants society’s most emphatic rebuke, and the most emphatic rebuke is death. It is essential that any healthy society make it clear to all that some crimes forfeit the continued right to not just liberty, but also life. Anyone who weeps because this sadistic murderer experienced a few extra minutes of agony in the process of being sent to his just rewards has seriously misaligned values. No method of execution will work every time, and to make perfection the standard is a dishonest way to rig the debate. If the death penalty is justified, and it is, then we should expect and accept the rare “botch.” Meanwhile, if the concern really is efficiency, reliability, speed of death and minimal pain, there are literally dozens, maybe hundreds of methods of swift execution that would accomplish this. They just won’t pass the standards of death penalty opponents, because no method will.”

Today the Supreme Court heard oral arguments on the question of whether Oklahoma’s use of the common surgical sedative midazolam did not reliably make prisoners unconscious during lethal injections, thus violating the Eighth Amendment’s protection against “cruel and unusual punishment.” It’s a ridiculous case, which arises out of the botched April 2014 execution of Lockett that sparked the post I just quoted. It is a ridiculous case because the method of execution isn’t worth arguing over. Elephant. Head. Problem solved. Why is Oklahoma fighting about which cocktail to use? This is the anti-capital punishment team’s game, and sooner or later, the result is preordained.  Continue reading →