Category Archives: Unethical Tweet

Morning Ethics Warm-Up, 3/30/18: Classless

 

1. Of unethical, and useless, unpaid internships. There is about as a good a summary of what is wrong with unpaid internships at the UConn website as you will find. My only complaint is that the piece, by Henry Zehner, ignores my long-time objection to these positions based on my experiences with various employers who forced me to use out-of-class students in ill-defined roles. (Yes, one of them was the current Secretary of Education.) Zehner mentions that the law requires interns to do substantive work rather than low level office tasks. He doesn’t mention that only the rare intern is able to do tasks “not requiring specialized training.” My experience was that interns usually had negative effects on my time, management and productivity, as I not only had to instruct them, but also often had to re-do whatever work they completed. (Julie and LeeAnn, wherever you are, I don’t mean you.) But as for the young man who was assigned to assemble  my foundation’s annual meeting board books and explained that it took him so long because the “little slips to label the dividers kept falling into the typewriter,” the less said the better.

2. More on the art vs the artist. Last week we discussed the folly of judging art according to the character of the artist, in my post [#3 in a Warm-Up] on the op-ed. “We’ve been too forgiving of unethical artists.”

Here is an example of an artist of disgusting art being found to be disgusting: John Kricfalusi, the creator of the animated “The Ren & Stimpy Show” has been accused by a 37-year old woman of sexually abusing her 20+ years ago, apparently with her consent, but since she was under 18 at the time, such consent is legally meaningless.  So, really, is her late hit, except to gain #MeToo creds. It’s too late to prosecute the cartoonist, and he was remarkably candid about his relationships with teens while he was having them. Kricfalusi had always admitted to his disturbing taste for under-age teenage girls.

Does this old/new information mean that parents should treat “The Ren & Stimpy Show” as taboo, and that channels that feature cartoons should refuse to show it, thus robbing the show’s creator of residuals and income?

No. Kricfalusi’s art has value, if it has value, independent of his own private misconduct. “Lohengrin” is no worse or better because Wagner was a racist and an anti-Semite. The “Alice” books are wonderful, and our culture shouldn’t be robbed of them because Lewis Carroll was creepily obsessed with little girls.

Kricfalusi, for me, is an easy case. I always thought his work was sick and disturbing, and that no parent should allow any child under the age of 13 to watch it. I would feel the same if Kricfalusi was a certified saint. Continue reading

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Ethics Observations On MSNBC Host Joy Reid’s State of the Union Tweet

I would like to ignore MSNBC’s racist, vicious African-American host Joy Reid. She deserves to be ignored. Sometimes, however, I can’t help myself, as with the her tweet above from last night. If someone respectable wrote that, my head might explode. The tweet’s not so far from Reid’s usual warped point of view that it prompts that reaction, thankfully. Still, I am forced to observe and ask…

1 Who is she tweeting to? What kind of Americans regard religion, family, law enforcement, the military, and love of country outdated and obsolete values?

2. This increasingly appears to be to be the attitude of the majority of the Left. If it isn’t, then Democrats certainly gave the impression it is, based on their studied contempt when such institutions and values were evoked in the President’s speech. If they were communicating what they don’t really believe, then they were lying. If they really oppose those values that they scowled about, then Republicans should remind voters of who is running against them this year: people who think like Joy Reid.

3. Since when is “nationalism” a sinister word and concept, especially when it is defined as Reid defines it: religion, family, rule of law, national defense, and love of America? Reid labeling those Fifties values is just false history: Every President up to Obama made those same values essential to the vision of America they projected.

Wrote Ann Althouse in part on her blog, regarding the New York Times Reidish critique,

Was Trump’s SOTU theme “nationalism”? Was it devoid of values?…Individualism is a value, and the whole speech was expressive of the value of individualism….
Freedom is a value. Trump spoke of it in connection with our kinship with freedom-loving people in foreign countries: We “stands with the people of Iran in their courageous struggle for freedom”… Freedom is a universal value that we share with good people all over the world and that “gave birth to a special place called America.”…Self-government is a value. The “yearning… to live in freedom” led to “a revolutionary idea: that [Americans] could rule themselves.” By instituting a system of self-government, Americans “light up the world.”

All old-fashioned, irrelevant, defunct, discredited values from those racist Fifties, right, Joy? Continue reading

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The Christmas Asshole, Neil DeGrasse Tyson

“Merry Christmas to the world’s 2.5 billion Christians. And to the remaining 5 billion people, including Muslims Atheists Hindus Buddhists Animists & Jews, Happy Monday.”

What would justify a public figure tweeting that kind of arrogant, hostile, belittling message  at his fellow citizens would on Christmas Eve?

Nothing.

This was one of Neil deGrasse Tyson’s tweets yesterday. I’m sure the nation’s most prominent and least deserving pop intellectual assumed that his many Twitter followers who hang on every word of revealed wisdom he utters  would appreciate his giving Christmas the metaphorical back of his hand, which only means this asshole has a lot of asshole followers.

Why do this? It is not as if there is any delusion among Christmas revelers that “billions” of others in the world do not have the pleasure of celebrating the world’s most inclusive and ethical cultural holiday. Tyson’s intent was not to inform, it was to diminish, using a version of the Golden Rationalization: “Everybody does it;” in this case, “More people do it, so what you do instead isn’t as great as you think it is.”

Asshole. Tyson doesn’t have to observe Christmas, and he doesn’t have to absorb the wisdom that Scrooge learned so traumatically, he need not acknowledge an annual ritual in which we are all encouraged to embrace love, peace, generosity, ethics, respect, charity, empathy, selflessness and hope for at least a day, opening the possibility that the enlightenment may last longer, and even a lifetime, as it did for Ebeneezer.  If he had any decency or common courtesy, however, he wouldn’t try to spoil the holiday for anyone else not so blighted. As Richard Fernandez wrote yesterday, deftly exposing the flaw in fatuous efforts among  various sad enclaves of progressives more concerned with triggering some offense with a “Merry Christmas!’ than with the health of society itself, it is helpful to understand

“…Christmas as playing a role analogous to the fictional baseball field in the movie Field of Dreams: not a place or day but a reverie. To paraphrase the famous speech to Ray, when people come to Christmas, …”it’ll be as they’d dipped themselves in magic waters. The memories will be so thick, they’ll have to brush them away from their faces. …  It’s been erased like a blackboard, rebuilt and erased again.” But Christmas has marked the time. Marked the time because, as C.S. Lewis once adventured,  Christmas is not an idealized memory of childhood but of something glimpsed in childhood.

“These things—the beauty, the memory of our own past—are good images of what we really desire; but if they are mistaken for the thing itself they turn into dumb idols, breaking the hearts of their worshipers. For they are not the thing itself; they are only the scent of a flower we have not found, the echo of a tune we have not heard, news from a country we have never yet visited.”

…The effort to erase Christmas will probably fail for no other reason than that it meets a human need that a mechanical bureaucratic day off cannot fulfill. Humanity needs a time to mark the growth and change in the family, an occasion to renew hopes and put aside fears and a chance to remember something we once knew: that everything’s going to be alright in the end. It really will.

Continue reading

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“Hello. Yes, Once Again, I Want You To Meet Larry. You Remember That He Was A Respected Harvard Law Professor, But The Scourge Of Anti-Trump Mania Has Left Him Silly And Obsessed. Won’t You Help Sufferers Like Larry With A Generous Donation?”

 

The steady deterioration of former Harvard Law professor Lawrence Tribe is truly a cautionary tale. Bias makes you stupid, but Larry had IQ points to spare, once.  Trump Derangement makes you stupid, and this strain of political hostility is far, far worse than the Clinton, Bush and Obama strains. Once Tribe was infected, his intellect was in peril.

Then he became addicted to Twitter. I tell my legal ethics seminar attendees that Twitter lowers a lawyer’s IQ by anywhere from 40-60 points. Once, Larry could have sustained that and still given me a good game of Scrabble. On top of his ossifying liberal bias and the ravages of Trump Derangement, however, Twitter delivered the coup de gras to his gray matter.

We saw the beginning of this in 2016, when he shattered a basic legal ethics tenet–Larry used to teach this stuff–with a mind-blowing tweet. After Trump’s election, Tribe began making silly claims that the President was impeachable,  and took to Twitter to spread batty “resistance” conspiracy theories, while calling a White House aide  “non human.”

Now it seems beyond dispute, sadly, that Lawrence Tribe is in the end throes of Anti Trump Brain Virus infection. Continue reading

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Morning Ethics Warm-Up, 11/17/2017: Groping And Griping [Updated]

GOOOOOOD  Morning!

1 Well THAT took an excruciatingly long time! Ethics Alarms finally reached its high water mark in followers this week, and has held the line for a change. Traffic has been disappointing in 2017; this will be the first year in which visits have fallen from the previous one. I blame the anomalous lack of any viral posts, which usually number two or three a year, (and are completely unpredictable), and the Trump-and-Hillary-driven polarization of the web. I have seen a significant net drop in followers every time Ethics Alarms unequivocally criticizes one “side” over the other, no matter how richly the ethics criticism is deserved.

People really do prefer echo chambers. It’s dispiriting.

Update: Right after I posted this, EA lost a follower.

2. Speaking of echo chambers..It is incredible how quickly the Democrats and progressives on Facebook  started defending Sen. Al Franken in the exact same terms, excuses, rationalizations and fallacies used all week by Roy Moore’s unprincipled defenders. The timing is suspicious…it’s only one time…this is politically motivated…we need his vote regardless…I believe him, not her…it was a long time ago…why did she wait so long?…he wasn’t in politics then…What about Trump?...everybody does it. In many cases they  mocked virtually the exact same statements by Republicans spinning for Moore that they are now making themselves.

Those who aren’t quite so hypocritical nonetheless praise Franken’s deceitful and manipulative apology. I guess Al’s supporters and journalists are exactly as dumb as he’s betting they are. The news media has also swallowed that apology whole. If they would just read Ethics Alarms, they wouldn’t embarrass themselves. Well, not so much and so often anyway.

(I’m sorry. The traffic stuff is getting to me…)

3. Read this, and get a surprise! Here’s an interesting website: Your Morals. Org. It has a list of studies you can participate in online—there’s a registration process that isn’t too time consuming— that gather data while purporting to measure your values, political leanings, tolerance for opposing views, and “morality.” I took the political orientation and attitudes survey.

I scored almost exactly in the center, leaning juuust a smidge…Democrat!

4.  NOW they tell us! I’m sorry, but I don’t care to hear Democratic politicians say  that Bill Clinton should have resigned during the Lewinsky scandal. Senator Gillibrand, who brought “Mattress Girl” to the State of the Union, has the immense gall to say that, 20 years after the  issue became moot. Of course he should have resigned. He lied under oath, lied to the American people, directly, calculatedly and intentionally, and obstructed the investigation, legally and illegally. But Democrats and feminists threw their principles into a big bonfire for political expediency, and it is a cheap, transparent and nauseating tactic to reverse themselves after all the damage Clinton’s pass for his “personal conduct” —I remember all the doges and rationalizations–did to the culture.

Paul Mirengoff,  a prominent Maryland-based lawyer who handles labor and employment-law cases, does an excellent job debunking a current Democratic talking point being used to explain why the party’s disgraceful posturing and enabling for Clinton was the result of sexual harassment “not being taken as seriously as it is today.”  He concludes,

Given the history I’ve just described, the argument that feminists and Democrats shrugged off claims of sexual misconduct against Clinton because of “the times” is unsustainable. The argument that, if Bill Clinton were president today, feminists and Democrats would believe Clinton’s accuser, or even just treat them with a modicum of respect, is unpersuasive.

The claims against Clinton were brought at a time of intense consciousness of the problem of sexual harassment. If anything, that consciousness subsided after Clinton’s presidency, thanks to the unwillingness of feminists and liberals to take his sexual misconduct seriously.

That unwillingness cannot be defended on the theory that times were different.

An aside: I saw that Move-On.Org has called for Franken to resign. Hilarious. The organization was created to argue that the nations should “move on” from the Clinton-Lewinsky scandal and let Bill off the hook. I invoke the Ethics Alarms principle of Ethical Estoppel. This group, of all groups, may not argue that any politician should resign after allegation of sexual misconduct. Ever.
Continue reading

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Dear Lisa Bloom, You Unethical Hack: Stop Making Me Defend Kathy Griffin!

I had to get this post up before the Morning Ethics Warm-Up, because it warmed ME up by almost exploding my head.

Lisa Bloom, the daughter of feminist muck-raking celebrity attorney Gloria Allred, has already shown the she has either no regard for legal ethics, or is spectacularly ignorant of them. She has publicly breached the duty of loyalty, attacking her former client, Harvey Weinstein; she took on Weinstein in the teeth of a blatant conflict of interest that she also publicized, as if it was something to be proud of. Yesterday, she showed that she is unfamiliar with, or perhaps just doesn’t give a damn about, the core legal ethics principle of confidentiality, perhaps the most important legal ethics duty of all.

Her latest ex-client to be the victim of Bloom’s unprofessional conduct and disloyalty is Kathy Griffin, she of the severed head. Griffin announced that she had fired Bloom, and wasn’t nice about it—but then when is Griffin ever nice?—saying, “Yes, I got Bloomed. Yes, I didn’t have a good experience with her. Yes, I feel that she and her husband exacerbated my personal situation.” Disaffected clients can say anything they choose about their lawyers. They can do it on Yelp, on the lawyer consumer site Avvo,  to the Hollywood Reporter or hire a skywriter. What a client says, mean or not, untrue or not, still  does not alter a lawyer’s continuing ethical obligations one whit. A lawyer cannot get into a public fight with a former client over what did or did not occur during the representation. Every lawyer knows this, or is supposed to.

Yet Bloom—I would say “incredibly” had we not seen other examples of her professional ethics cluelessness—released this statement on Twitter:

[My head told me in a statement that it would have exploded over this but determined that doing so over Kathy Griffin and Lisa  Bloom was demeaning to head-explosions. I concur.]

The fact that Bloom had prepared Griffin’s remarks for the press conference, the fact that they worked on them together, the fact that Griffin discarded them, the fact the performer “ad-libbed” and “extemporized” are all client confidences. For all we knew, Griffin’s claim during the press conference that she was ignoring her notes was part of a pre-planned strategy.  I assumed it was; Griffin is an actress. “It’s best if you show that you are talking from the heart, Kathy,” is advice I would expect Griffin’s lawyer to give. A lawyer cannot tell the public that a client ignored her advice. Only the lawyer and the client know that. Revealing it is to disclose information the lawyer learned during the course of the representation that will harm or embarrass the client, a serious ethics violation and betrayal of trust Continue reading

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Morning Ethics Warm-Up, 10/22/2017: My Unfair College Admission, U. Penn’s Bigoted Grad Student, Fox News Imitates The Weinstein Company, And THIS Is An Unethical Lawyer…

Good Morning!

1 Yesterday’s ethics  bombshell was the news that Fox News extended its contract with star bloviator Bill O’Reilly earlier this year, knowing that he had agreed to a $32 million settlement with a woman who accused him of  repeated harassment, a non-consensual sexual relationship, and other offenses. Nonetheless, it decided  it decided to sign him a four-year, $25 million a year, contract extension. The New York Times scoop reported that Rupert Murdoch and his sons,  decided that it was worth it to keep O’Reilly even as Fox News was trying to recover after having to fire Roger Ailes for multiple sexual harassment claims. Fox added to the O’Reilly’s extension a clause that allowed for his dismissal if new allegations of harassment or other relevant information came out regarding the previous accusations.

Boy, am I glad that I didn’t lift my personal Fox New boycott after O’Reilly left.

This is unconscionable conduct by Fox, equal in its slimy ethics void to what the Weinstein Group did when it acknowledged its founders sexual predator proclivities in his contract. Fox News, by keeping O’Reilly knowing that he had harassed its employees (and worse),

  • demonstrated to its staff that it cared more about ratings and profits than principles and the safety of its female employees and guests
  • sent the message that if you were a big enough cheese at Fox you can get away with abusing women
  • proved that the sick and sexist culture nurtured by Roger Ailes from the beginning was still flourishing.

Ugh. But I can’t say I’m surprised. [Mr Kimble (Alvy Moore) on Green Acres: ” I can’t say I’m surprised. Actually, I can say I’m surprised. I’m surprised! But I’m not surprised.”]

How many other companies tolerate sexual harassers in their executive offices outside of Hollywood? A lot.

O’Reilly, demonstrating again that he is a liar as well as as a sexual predator, absolutely denies that he ever harassed anyone. He needs better lawyers, then. Harvey Weinstein paid off an actress he raped for just $100,000, and poor Bill had to fork over 32 million bucks for something he didn’t do!

2. This morning’s “Wait—WHAT?” ethics headline is this one, from the ABA News: “Lawyer who blamed ethics case on mother can’t discharge $500K in student debt, federal judge rules.

Illinois lawyer Donald Rosen argued that his three-year license suspension for misappropriating over $85,000 in client funds made it impossible to find appropriate work and so should be allowed to discharge his $500,000 student debt. (How did he end up with a $500,000 student debt?). ‘Uh, no,’ ruled U.S. District Judge Rebecca Pallmeyer, perhaps because Rosen had paid only about $11,000 in student debt over the previous 37 years.

Why did Rosen blame Mom? He claims his 82-year-old mother, who worked at his firm, inadvertently used client funds to pay business expenses.  Rosen said his mother was embarrassed by her actions and falsified bank statements to cover it up. Then, Rosen says, he innocently provided those fake bank statements to police and the hearing board considering the ethics case against him.

3. How can this happen? Why is it happening? Who defends this? How long will it continue? Continue reading

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