U.S. Society

Ethics Quote Of The Week: Prof. William Jacobson

/ Jack Marshall / 30 Comments

“The incessant attempt to turn race-neutral phrases into racial testing grounds is part of a larger political war in which race agitators seek to turn everything into a discussion of race all the time in every sphere of life…Equating the race-neutral phrase “brown bag” used in the context of bringing lunch to work with some esoteric past-practice of inter-black skin tone testing is so ludicrous that it may have revealed a chink in the armor of the language police, which can be exploited by the vast majority of Americans of all races and colors who just want to get on with the conversation.”

—–Prof. William Jacobson, deriding yet another outbreak of mind-numbingly ridiculous political correctness word-censorship, an edict against using the term “brown bag” in Seattle, and the unwelcome return of one of the all-time silliest imaginary offenses, a CNBC reporter being criticized for using the phrase “chink in the armor.”

My family thanks you, Prof. Jacobson. This could have been me. And might yet...

My family thanks you, Prof. Jacobson. This could have been me. And might yet…

I (and my loving family, which really, really likes me) need to thank Professor Jacobson, the author of the blog Legal Insurrection, for writing his post about this topic—one I truly hate—-before I learned myself about the “brown bag” memo and especially the unwelcome sequel to the Jeremy Lin “chink in the armor” controversy. For one thing, after a long and infuriating day of traffic jams and car trouble, had I read the reports of these embarrassments to the human species in straight news accounts, some aneurism deep in my brain might well have popped, killing me on the spot. For another, he invested such obvious contempt and exasperation in his excellent post that I don’t have to risk death by working myself into a head-exploding rant-producing fury to do this continuing outrage justice. Jacobson pretty much knocks this hanging curveball right out of the park.

Among other things, he links to his discussions of previous examples of perfectly good, innocent and useful words, idioms and phrases that have been attacked by political correctness fanatics (which, unfortunately, includes a disturbingly large percentage of U.S. Democrats), including such “offensive” terms as black list, “Baa Baa Black Sheep,” rejigger, Providence Plantations, Black Friday, gobbledygook, illegal immigrant, undocumented immigrant, and master bedroom. Inexplicably, the professor left out the grandaddy  of them all and my personal favorite, “niggardly,”  the perfectly good word meaning “stingy” the use of which  once got a supervisor in the D.C. government fired, and which spawned Ethics Alarms’ indispensable Niggardly Principles, 1 and 2. He also chose to omit the long list of various words and phrases MSNBC’s Chris Matthews has declared as racist, including urban, “monkeying around,” welfare, food stamps, and even Chicago, but these are cynical “gotcha’s,” devised to show that every opponent of President Obama is secretly motivated by racial hate. Continue reading →

“Progressive” Values On The Campus: Rape, Tolerated; Free Speech, Not So Much

/ Jack Marshall / 20 Comments
Now does it make sense to you, Juanita?

Juanita Broadrick: Now does it make sense to you, Juanita?

If one wants to puzzle through how Democrats can simultaneously trumpet a “War on Women” while generating standard bearers like San Diego mayor Bob Filner (now up to 9 identified sexual harassment victims, and counting; the latest appears to be Marilyn Monroe), Anthony Weiner, and of course, ex-President Bill Clinton (recall Juanita Broadrick?) , one need only to examine the schizophrenic values being nurtured in our great liberal arts universities, with the encouragement of the values–challenged Obama administration.

In May, universities received an ominous letter from Departments of Justice and Education announcing new guidelines regarding “sexual harassment” on college campuses. The new standards prohibit “any unwelcome conduct of sexual nature” and  include “verbal” conduct, meaning free speech is now officially suspect…and no longer free. (But if you have been following the news lately, you know that in Barack Obama’s America, free speech is just a trading chip for “higher priorities.”)

The new standards apply to every college receiving federal funding. According to Greg Lukianoff, president of FIRE, the government mandates  would allow a student to be charged with harassment if he asks another student out on a date and the target of his attentions deems that request “offensive.” Telling a sex joke could support a sexual harassment charge, as would using the word “fuck” in the presence of a female who resented it. FIRE points out that many presentations, debates, and expressions on campuses can now be censored as sexual harassment, citing campus performances of “The Vagina Monologues,” debates about sexual morality, and pro-con discussions on gay marriage as potential offenses.  Lukianoff, protesting that DOJ and DOE have now established speech codes that violate the First Amendment and completely ignore decades of legal precedent,says he is appalled at the attack on “free speech on campus from our own government.”

Appalled, yes, but certainly not surprised. The grip of political correctness is grasping for the throat of Free Speech in the Obama years, as the news media sits complacent and inert. FIRE is among those with the courage and determination to fight this blatant abuse of government power, but that does not diminish the seriousness of a Federal government that pays its election IOU’s to women’s rights groups by sacrificing free speech on campus.

But it’s worse even than that, for the modus operandi of this federal government, adopting the proclivities of its leader, is to speak loudly and carry a wet noodle. Just as the President is fond of making demands, ultimatums and condemnations, drawing lines and telling us to “make no mistake” about where he stands, and then following up with no tangible or meaningful action whatsoever, thus does his government fail to protect women’s bodies while trying to control what they hear. The 2011 federal Title IX investigation into Yale’s mind-blowing tolerance of rape on campus (it is referred to there as “non-consensual sex”) concluded  with a voluntary resolution that allowed Old Eli to avoid any disciplinary action for creating a “hostile sexual environment,” and this time we don’t mean allowing dirty limericks. Continue reading →

Unethical Quote Of The Month: Oprah Winfrey

/ Jack Marshall / 23 Comments

 “I always think of the millions of people who heard that as their last word as they were hanging from a tree.”

–—Oprah Winfrey, in an interview with Parade Magazine, discussing race in America, the use of the word “nigger,” and how young people in the U.S. don’t know “diddly squat” about the civil rights movement.

Yes, Parade Readers, it's true, whites tried to wipe us off the face of the map.

Yes, Parade peaders, it’s true, whites tried to wipe us off the face of the map.

Now, thanks to Oprah, those young people think they know that “millions” of blacks were lynched in the United States.

Oprah Winfrey, one of the most admired, respected and trusted public figures in the nation, decided to join the recent concerted effort to magnify racial hate and fear, this time by grossly misrepresenting U.S.history. Not only that, but she did so in the context of representing herself as knowledgeable about the history of race relations in America, while others know “diddly-squat.” The recklessness, lack of responsibility, and ignorance that Winfrey’s statement represents is staggering. Continue reading →

Reminder: August 1 Is “Quote Justin Carter On Social Media Day”

/ Jack Marshall / 25 Comments

justin-carter-1

This is  sad.

We last heard anything about Justin Carter two weeks ago, when he finally was released from prison after an anonymous donor covered his absurd $500,000 bail amount. Since then, nothing has changed. He’s still charged with making terrorist threats based on an obvious joke he put on Facebook. He still represents the apotheosis of the fanatic fear of guns and violence against schools in the wake of the post-Sandy Hook hysteria, cynically fed by Democrats, anti-gun zealots and the media. Carter’s plight still shows the continuing erosion of First Amendment rights in the fearful and paranoid culture nurtured by the Obama administration and turned into an offense to liberty by its natural partner, the abuse of government power. It’s just that nobody is paying attention.

The news media, which should have an interest in protecting the same amendment that (theoretically, these days) protects them, gave some fleeting coverage to the story but quickly dropped it in favor of gushing over infant foreign monarchs, finding ways to vilify George Zimmerman and making bad Weiner puns. The blogosohere has been pretty silent too, with some notable exceptions.

I am generally opposed to pointless demonstrations. My pathetic gesture to try to generate some fight in this somnolent nation as its common sense, ethical priorities and sense of justice drains away was never a threat to catch on, and didn’t. Essentially, few understand what is so wrong about what Texas is doing to Carter, and fewer still care enough to protest it. That is sad, and it also is frightening.

Nonetheless, those of us who do care should try to show it, and this was the best that I (or anyone else) could come up with. So challenge the fearful, the bullies,  the Constitutionally ignorant, the arrogant abusers of power “if it will save just one child,” and post the harmless, facetious and sarcastic statement that young Justin Carter posted for a friend, never realizing that America, or at least the part of it where he, and quite possibly you, live, doesn’t really believe in free speech anymore. Post it on your blog, on Facebook, on Twitter. Let’s see if they come for all of us, however many it is. And let’s see how many people care anymore.

August 1 Is “Quote Justin Carter On Social Media Day.”

And Justin’s words, which got him arrested, imprisoned, and soon will have him being tried for his freedom, were these:

“Oh yeah, I’m real messed up in the head. I think Ima shoot up a kindergarten and watch the blood of the innocent rain down and eat the beating heart of one of them.” lol. jk.”

 

 

“Lookism” And The Plight of the Borgata Babes

/ Jack Marshall / 35 Comments
"Uh...Desiree? We need to talk..."

“Uh…Desiree? We need to talk…”

Atlantic City’s Borgata Hotel Casino & Spa calls its waitresses the “Borgata Babes,” and makes its hiring decisions accordingly. The cocktail waitresses’ job description requires part fashion model, part beverage server, part hostess, and entirely eye candy for the male of the species.  When the casino  hires a new BB, it weighs her. If her poundage increases by more than 7 percent, the casino reserves the right to suspend her until she’s back in flirting trim.

Anyone could see this lawsuit coming a mile away, and sure enough, twenty-two newly-portly babes lost a lawsuit against the casino in which they claimed sexual discrimination. (There are no male equivalents to the Borgata Babes, just the usual ugly, flabby male waiters and bartenders.) New Jersey judge Nelson Johnson ruled last week that the Babes are paid sex objects, and that the Borgata’s requirements were legal because the women were aware of them and accepted them as a condition of their employment. Johnson wrote, “Plaintiffs cannot shed the label ‘babe’; they embraced it when they went to work for the Borgata.”

Slate, in writing about the case, sees the ruling as an endorsement of weight discrimination that could spread like the flu, putting corpulent women and men on the breadlines. ” Says Slate:

[T]he ruling also raises questions about the role of babes in workplaces across the country. It’s conventional wisdom that male gamblers will keep pulling away at the slots as long as they’re lubricated by strong drinks served up by babely women. But wouldn’t some female patrons prefer to be served be hunky pieces of man candy? And couldn’t most workplaces argue that its jobs are better performed by babes, regardless of the venue? Is it OK to require that strippers be babes? Casino waitresses? How about investment bankers?”

Now there’s a slippery slope argument if I ever saw one. While it is true that physical attractiveness can be an employment asset in virtually any job—note #2 on fired TV reporter Shea Allen’s “confessions”— there are some jobs for which it is the primary, or at least a substantial and thus legitimate requirement. Strippers, of course. Fashion models. Cheerleaders. Actresses. Personal trainers. Fox newsreaders. Hooters girls, and pretty obviously, Borgata Babes. To say that a business can’t make a decision to have fantasy sex objects as part of its appeal is an excessive use of political correctness grafted to state power. Essentially, the suing Babes are arguing that they can pull a bait and switch—use their well-toned beauty to get hired, agree to maintain the high standard of visual perfection that they presented to their employer, then go to pot and sue if their employer objects. Beauty is an asset in the workplace and a tangible one: the pressure on the culture to behave as if that asset doesn’t exist (the pejorative labeling of a preference for the lovely over the hideous as “lookism” is the weapon of choice) and to prohibit employers from ever hiring on that basis in jobs where it is a substantial and relevant qualification is as unfair to the fit and comely as requiring an investment banker to look like Kate Upton.

Since the law will require, and should require, clear standards, there will need to be a legislative determination of what kind of jobs for men or women can justify termination when their occupants become unsightly. The law should also, however, permit a job applicant’s appearance to provide a legitimate and legal edge when all other qualifications are equal even when the job itself does not have any beauty or fitness requirements. I do not deny that this is an ethical and emotional minefield, implicating age and race bias, and that there are some contentious battles to be fought. I do deny that the Borgata Hotel Casino & Spa is the place to fight one.

One place where the appearance discrimination battle does need to be fought is Iowa, where the case I wrote about earlier, in which a hen-pecked dentist sought to fire his attractive and competent assistant because he found her “irresistible” and his wife was jealous, had the same ridiculous resolution last week. Yet another Iowa court ruled that her impeccable appearance was a legal justification to can her. That’s as outrageous as firing a dental assistant because she’s put on a few pounds, but being a “babe”—or not—should be irrelevant to one’s skill in flossing teeth.

It does give some hope to the ex-casino waitresses. I hear they are hiring unsexy dental assistants in Iowa.

_____________________________________

Facts: Time

Sources: Slate, UPI

Graphic: YouTube (Yikes!)

Lauren Green, Fox News, and Bickmore’s First Law Of Being Biased

/ Jack Marshall / 38 Comments

Watch this, if you dare.

I have been using the phrase “Bias makes you stupid” for many years, but only recently learned that a Utah climate-change scientist has claimed the observation as his own. In fact, Barry Bickmore has a lot of useful, perceptive observations among “Bickmore’s Laws” ( Example: Bickmore’s First Law of Being Reasonable Reasonable people understand that good arguments can sometimes lead to false conclusions, and bad arguments can sometimes lead to true conclusions ), though they all were apparently devised to help him debunk the arguments of climates change skeptics. Most of them have general applicability. and that includes his version of what I once called “Marshall’s First Law”: Bickmore’s First Law of Being Biased: Bias makes you human.  Unchecked bias makes you stupid.

Which brings us to Lauren Green, and Fox News.

I have no idea whether Ms. Green is really stupid or not. I do know she is a former beauty queen, and that Fox (other networks too, but Fox is blatant about it) clearly values pulchritude over journalistic acumen and skill when making their on-air talent decisions not involving Y chromosomes. This itself is stupid, unprofessional, sexist, insulting to women, unfair to better journalists with smaller bra cups and courser features, and I must admit, when it leads to an epic live embarrassment such as Green’s, I take some satisfaction that Roger Ailes is getting exactly what he deserves for such a cynical, reckless, ratings ploy.

If Lauren Green is not stupid, then her frantic efforts to play to the core Fox audience’s presumed bias in favor of Christianity of the literal variety and related bias against non-Christians, especially Muslims, sure caused her brain to take a holiday. Or, perhaps, her own unchecked Christian biases—she is Fox’s “religion correspondent” these days—triggered a classic display of Bickmore’s First Law of Being Biased. In either case, I think her credibility is permanently shot, even at Fox. She might want to consider a different line of work. Continue reading →

Don Lemon For President

/ Jack Marshall / 42 Comments
Ethics Hero.

Ethics Hero.

Bear with me: I’ll get to Don Lemon eventually.

In a mature, rational, respectful democracy with an objective and competent news media, difficult and contentious issues would be thoughtfully debated with open minds and fearless honesty, without the toxic influence of rigid ideologies, partisan loyalties, group identification, or biases. The objectives: reach the truth, identify problems, begin solving them.

This process is difficult under the best of circumstances, and in the United States, circa 2013, it is nearly impossible on any issue, and dangerous on the issue of race, with both the media and elected officials actively seeking to exacerbate racial divisions and misconceptions. A recent poll suggests that the perception of racial divisions in America has worsened by 25% since Barack Obama was elected President, following decades of steady improvement. Why is this? There are many reasons, but the cynical pandering to misconceptions in the black community is one major suspect.

President Obama, had he been fair and responsible, might have used his remarks about the George Zimmerman trial to point out that neither the incident itself nor the verdict of the jury were relevant to race issues, or created by a “stand your ground” law that has been a lightning rod for accusations of racism in the justice system. Instead, he talked about how he “understood,” and apparently agreed with, an interpretation of the events based on past African-American experiences with racism. This was irresponsible and wrong. It was as much an endorsement of irrationality, ignorance and bias as it would be to explain that current day racists see blacks through the prism, “those sets of experiences” in Obama’s words, of their region’s history of culturally acceptable slavery, and we have to respect their views as a result. The President has not, as would be a far more justifiable statement, explained that opponents of same-sex marriage are not bigots, but see the issue through the ” sets of experiences” of their religious upbringing. Serial rapists may also see women through the prism of their childhood abuse—those are rather damaging “sets of experiences”— at the hands of their mothers.

There are always powerful reasons why people have hatreds and biases, and reasons why hatreds and biases cripple their ability to interpret reality and act responsibly. We can all understand that, but it doesn’t justify distorting the facts. Blacks are not inferior to any other race, no matter what the “prism” says. Gay marriage poses no harm to society, and gays deserve the same rights as anyone else, and the Bible doesn’t change those facts. Rape victims are not responsible for the misogyny of rapists, no matter how their distorted thinking came to be.

And the acquittal of George Zimmerman was not evidence of rampant white racism, regardless of the African-American experience. The President had a duty to say that. He had a duty to say, “I understand, but you are wrong on the facts.” He did not. Instead, he encouraged and supported a distorted and biased narrative that is harming race relations and respect for the justice system, and far too many in the news media—which is to say, anyone in the media who is stooping to this—are trying to continue the process. For example, Abbe Smith, in the Washington Post this weekend, had an article on a topic I have discussed here more than once: the challenge of a defense attorney representing a guilty and heinous client. It was an excellent piece, but the Post headline writers and editors unconscionably and unethically decided to pander to the city’s  predominantly black population’s bias by publishing it under this:

“What motivates a lawyer to defend

a Tsarnaev, a Castro or a Zimmerman?” Continue reading →

“It’s A Cook Book!”

/ Jack Marshall / 40 Comments
Nobody listens to me...

Nobody listens to me…

The issues at the core of the Anthony Weiner debacle—which is not the conduct of the ex-Congressman/absurd NYC mayoral candidate/sick puppy, but the fact that so many, like Dan Savage, Huma Abedin (Weiner’s wife, Hillary’s apprentice, carrier of the Clintonian ethisc virus),  Andrew Sullivan, and apparently 16% of New York Democrats still argue that his conduct doesn’t disqualify him from elected office—-are ones which I am especially passionate about, because they are the very issues that launched this blog’s predecessor, the Ethics Scoreboard:

1. There is no division between private unethical conduct and public unethical conduct. It is a false construct designed to assist scoundrels in getting elected. Private conduct is as reliable an indicator of trustworthiness as other prior conduct.

2. Leaders in a democracy should be held to an exemplary level of conduct, not the average or common conduct of those they seek to lead.

3. Some instances of unethical conduct have “signature significance“for the individual involved, meaning that contrary to the common rationalization that “anyone can make a mistake,” there are some things that ethical people never would do even once, and thus the fact that an individual does do it is persuasive evidence that they are generally untrustworthy.

Thus I believe Weiner’s story is more important than the mere sordid political drama involved: if people pay attention, if people learn, if people can get by their partisan biases and convenient ethics misconceptions, maybe we can begin establishing a better, more sensible, beneficial standard for our elected leaders, who, perhaps you have noticed, are, as a group, an embarrassment to the legacy of July 4, 1776. I don’t have illusions that I have any influence, and it is unseemly to say “I told you so,” but sometimes I feel like one of the doomed heroes in science fiction/horror scenarios who end up screaming “They’re already here! You’re next!” or “It’s a cook book!” to unheeding crowds blithely proceeding to their own destruction.

Yesterday the news surfaced that should be the smoking gun on Anthony Weiner’s corrupt character that readers of this blog, at least, did not require to render a verdict—that Weiner’s conduct was not just an irrelevant personal quirk, that his initial lying about it was proof of a corrupt character, and that he is no more trustworthy than John Edwards, Lance Armstrong, Ryan Braun or anyone else who lies to the public to keep its trust. Maybe it will convince Dan, Huma, Andrew and the rest that Anthony Weiner is too corrupt—never mind sick—to lead. If it doesn’t, I think that is signature significance about them. Continue reading →

Scapegoating Ethics

/ Jack Marshall / 21 Comments
Scapegoat

Meet Rick Eckstein. He understands. Really.

As it does predictably and constantly, the daily drip-drip-drama of baseball has given us another ethics quandary to ponder, arising in the context of the sport but with far more significant applications. The issue: is it ethical for an organization to deal with a crisis by firing someone for symbolic value, rather than for cause?

I have written about this traditional phenomenon in baseball before, but the current example is far less defensible on either tactical or public relations grounds. Last season, the Washington Nationals accumulated the best record in the sport, and though they flopped in the play-offs, were almost unanimously expected to be strong pennant contenders in 2013 by baseball prognosticators and more importantly, their fans. So far, at least, those expectations have been dashed. The season is almost two-thirds done, and the Nationals have been uninspiring at best. They have won fewer games than they have lost, and are trailing the Atlanta Braves by an alarming margin. Their pitching has been worse than expected, and their offense has been atrocious.

As is often the case in baseball when teams have a disappointing season after a good one, there is no obvious way to fix the problems mid-season, other than to hope the players start playing better. Unlike the other major team sports, baseball team performance is notoriously quirky, just like the game they play. Excellent players have down years frequently (though not the same players, or they would no longer be considered excellent). Team chemistry evaporates; the ball bounces funny ways. In the case of the Nationals, the most obvious problem has been a flood of sub-par years from almost all the starting position players, with an unhealthy serving of injuries.

The team’s response to its frustration and, really, lack of any substantive way to address it was to fire the team’s batting coach, Rick Eckstein, last week. Continue reading →

Ethics Mega-Dunce: The First National Bank in Wellston, Ohio

/ Jack Marshall / 12 Comments
Katie Barnett, the victim.

Katie Barnett, the victim.

As I cull the news to find good topics for ethics discussions, the single thought that goes through my mind most frequently is this: “What is the matter with people?”  This is often followed by “How do people get this way?” and later, “What can we do with them?”

Most ethical decisions are not brain teasers. They are strikingly obvious, unless you are determined to do wrong, an evil super-villain, or were raised in a barn. How people of influence without a serious head injury can make the horrible decisions they do is one of the mysteries of the age, along with the fate of Judge Crater, the elusiveness of Bigfoot, and the continuing popularity of Jimmy Kimmel.

Imagine, for example, that you run a bank. The Three Stooges wannabes who you sent to repossess a home get the address wrong (the lawn hadn’t been mowed, so they “just assume”), and they trash the wrong house. They remove possessions, losing some, auctioning off others, damaging the rest. The innocent owner of the home comes to you and points out that your contractors screwed up outrageously, a fact that is beyond rebuttal. She presents you with a good faith estimate of the property that was lost—never mind the trauma of having her home emptied by strangers and the fact that she has had to live elsewhere for two weeks. What do you do?

If you are the president of the First National Bank in Wellston, here’s what you do, because you have a non-functioning ethics alarm and more than a few screws loose in other places besides: you reject her assessment, and try to low-ball her on the amount.

“What is the matter with people?”

“How do people get this way?” Continue reading →