Addendum To “Since The Editor Of The New York Times Just Proved That He Doesn’t Comprehend Journalism Ethics…”

A relentless Times apologist–you know which one—chides me for leaving out this from his  interview in the New Yorker, which is the context for the “version of the truth” gaffe, when Baquet said the quiet part out loud (if the Times-enabler hadn’t begun his complaint with “Um,” I might have let it go):

The system of “objectivity” (and I know that’s going to be a bad word) was designed to create a system—Wesley Lowery is right when he describes that—in which the organization’s job was to make sure that whatever your perspective was it didn’t get in the way of reporting the truth. I believe in that very strongly. That’s not the job of every institution. But the job of the New York Times should, in the end, be to come out with the best version of the truth, with your own political opinion held in check by editors and editing. Not everybody believes that, but I believe that. And I think that if you come to work for the New York Times—if you really want to work for the New York Times—you have to embrace that, because that’s what the New York Times is.

In fact, I intended to include that outrageous and insulting lie, but felt it would have just muddled the more important point of the post. (That, and the New Yorker site blocked my access unless I subscribed…) Continue reading

The “Sub-Minimum Wage” Debate

I confess, I was completely unaware of this issue, or the fact that we even have a so-called “sub-minimum wage.” Section 14(c) of the Fair Labor Standards Act allows individuals with Down Syndrome or other intellectual or developmental disabilities to take certain specially regulated jobs at less than the minimum wage. The usual “raise the minimum wage” crowd wants the exception eliminated, and many states are preparing to do so. Advocates for the disabled and Down Syndrome individuals argue that it is important to keep the sub-minimum wage.

I don’t understand this controversy at all.

Opponents of eliminating the sub-minimum wage argue that it will cause many Down Syndrome individuals to lose their jobs. Of course it will, but how is this different from the fate of all the minimally skilled workers without technical disabilities who lose their jobs when the regular minimum wage is raised? Why is their plight less urgent than that of the disabled? If it is acknowledged that a sub-minimum wage keeps those who cannot perform at a level worth the minimum wage in the work force, why limit that rationale to the genetically disadvantaged?

But the opponents of killing the sub-minimum wage rely on the worst possible arguments to support keeping it. Here’s the “Dissenting Statement and Rebuttal of Commissioner Gail L. Heriot in Report of the U.S. Commission on Civil Rights: Subminimum Wages: Impact on the Civil Rights of People with Disabilities. (September 17, 2020).” Heriot, one of the few conservatives on the Commission, writes,

Section 14(c) was adopted in 1938 at the same time as the first federal
minimum wage. Back then it was believedno doubt correctlythat a federal  minimum wage would cause many disabled persons to become unemployable. An exception was thus created.

(There is also a time-limited exception for youth employment.)

Why wasn’t it also believed that the same principle would apply to every other individual, handicapped or not, who was unable to perform a job worth the minimum wage? Isn’t the assumption that Down Syndrome sufferers are less employable than than the ordinary lazy, poorly educated, unmotivated and none-too-bright American low-skilled worker simple bigotry? My experience with Down Syndrome workers is that they are often better at their jobs than their non-Down peers—harder working, more polite, more reliable. If a sub-minimum wage makes sense, then a minimum wage makes no sense. Continue reading

The Jeff Zucker Scandal’s Emerging Details Confirm The Long-Time Ethics Alarms Verdict: This Is And Has Been A Corrupt, Untrustworthy News Organization

And it, meaning its unethical and unprofessional leadership, management and employees, was allowed to manipulate public opinion, national politics, and the nation. Think about that.

We didn’t need more to know CNN President Jeff Zucker was a slimy, ruthless hypocrite—his network was proof enough— but the unfolding scandal has certainly provided spectacular confirmation. You need to thoroughly update yourself at the links, but here are some basics:

  • CNN’s President Jeff Zucker announced on February 2, 2022, that he was resigning from the company, over his illicit affair with subordinate Allison Gollust. The spin on this includes calling her a “colleague.” No, she worked for Zucker. That makes the relationship toxic, not just “inappropriate.” Both Gollust and Zucker left their marriages during the affair.

Who knows what employees, or female or minority employees, were passed over so Zucker could advance his lover’s career? That’s a major reason why the boss having affairs with subordinates is always wrong, always destructive, and must be addressed.

  • CNN talking heads and execs are making excuses for Zucker. One CNN executive told The Daily Beast, “People are pissed. No one thinks the punishment fits the crime.” And that proves how thoroughly ethics brain-dead Zucker has left CNN. When the head of any organization is caught violating that organizations rules and policies, he or she must resign of be fired.

The punishment does fit the crime. Continue reading

Hump Day Ethics Jumps, Bumps And Lumps, 2/2/2022

Nothing like dancing camels to end a perfect day. If only this had been a perfect day…

Meanwhile, I’m so proud! Having told my undergraduate institution that it had so embarrassed me that I would not be attending my BIG reunion this Fall, which I once was looking forward to greatly, it was thrilling to see my law school alma mater, which I also worked for over the next four years after graduation (It liked me! It really liked me!), receive a major honor. Yes, The FIRE named Georgetown University Law Center one of the 10 Worst on its yearly list of educational institutions that do not adequately respect and bolster freedom of speech.

Congratulations, GULC! You’ve worked hard for this the last few years, and the honor is richly deserved.

1. Quit, Whoopi, but let me write your resignation letter. It is being reported that Whoopi Goldberg is furious that she was suspended by ABC for her dumb, ill-considered, offensive but provocative comments about the Holocaust on the dumb, ill-considered, offensive but provocative show “The View.” Her worst statement? I vote for “Well, this is white people doing it to white people. So, this is y’all go fight amongst yourselves.” That was part of her explanation of why the “Final Solution,” in which Hitler’s crazies decided to see the purification of the white race by exterminating “lesser races” like the Semites—just guess what would have happened to the Whoop’s people when Germany took over the U.S. by getting the A-Bomb first!—wasn’t about race. She feels, we are told,“humiliated” at being disciplined  after she followed their advice to apologize. No, no, that’s not what Whoopi should quit over. Charles C.W. Cooke explains it well in “Whoopi Goldberg’s Suspension from The View Is Illiberal and Irrational” at the National Review. Meanwhile, many are asking the unanswerable question, how come Disney, who owns ABC, fired actress Gina Carano when she said on social media—not on TV, not under Disney’s banner, that the repressive political speech climate reminded her of Nazi Germany. The “Mandalorian” star was also dropped by talent agency UTA and Lucasfilms, leading some writers to compare her treatment to the Fifties blacklist. Whoopi got a relatively minor two-week suspension. Double standard there, obviously: Whoopi is a black progressive, Carano is a white conservative. Neither should be punished for an opinion unrelated to their competence at their job. If Whoopi quits, she could do some good by making it clear that it’s in defense of free speech and people being unafraid to speak freely. Continue reading

Elon Musk Is Not A Nice Guy, And A Legal Ethics Controversy Proves It

The legal ethics world is all in a fluster over a recent controversy involving Elon Musk, the world’s richest man. This means that readers at Ethics Alarms should be flustering too.

This is the story: An SEC  attorney had interviewed  Musk during the agency’s investigation of the Tesla CEO’s 2018 tweet claiming to have secured funding to potentially take the electric-vehicle maker private. The claim proved to be false, resulting in a settlement that required Musk to resign and also to pay 20 million dollars in fines. In 2019, Musk’s personal lawyer called the managing partner at Cooley, LLP, and demanded that the firm fire the SEC lawyer, who had left the agency to become as associate at the large firm that handles Tesla’s business. The targeted lawyer had no connection to Tesla’s legal work at the firm; the sole reason for the demand was revenge. Musk wanted him to lose his job because he was angry about their interaction at the SEC. Continue reading

P.M. Ethics Dispatches, 1/11/2022

We have to keep baseball ethics alive even if baseball itself is in a state of suspension: the owner and players are, for the first time in decades, arguing about how to divide up their billions, everything from roster size to minimum salaries are on the table, and as of now, the two sides aren’t even talking with the season just a couple of months away. One of the issues to be settled is whether the National League will finally capitulate and adopt the designated hitter rule, which was accepted in the American League on this date in 1973, a day which many traditionalist fans then and now regard as an unforgivable scar on the integrity of the game. Baseball has always been celebrated for its equity and balance: as it was envisioned, every player on the field had to both hit and play defense. The DH, which is a batter who never uses a glove, also allowed the pitcher to be a defense-only specialist, never picking up a bat which, advocates of the new rule argued, was a result much to be wished, since the vast majority of hurlers are only slightly better at hitting the ball than your fat old uncle Curt who played semi-pro ball in his twenties. All these decades years later, the National League and its fans have stubbornly maintained that the DH was a vile, utilitarian gimmick spurred by non-ethical considerations, mainly greed. When the rule was adopted, American League attendance lagged behind the NL, which also was winning most of the All Star games, in part because that league had embraced black stars far more rapidly than “the junior league.” The DH, the theory went, would make games more exciting, with more offense, while eliminating all the .168 batters in the ninth spot in every line-up.

I had a letter published in Sports Illustrated in 1973 explaining why I opposed the DH as a Boston Red Sox fan. Since then, I have grudgingly come to accept the benefits of the rule: it gave the Sox David Ortiz, allowed Carl Yastrzemski to play a few more years, and let American League fans see such all-time greats as Hank Aaron at the plate after they could no longer play the field. It was a breach of the game’s integrity, but it worked.

1. At least that’s fixed. The Supreme Court issued a corrected transcript of the oral arguments in the Biden vaccine mandate case, and it now accurately records Justice Gorsuch as saying he believes the seasonal flu kills “hundreds…thousands of people every year.” The original version wrongly quoted him as saying hundreds of thousands, which allowed those desperately trying to defend the outrageously wrong assertions by Justice Sotomayor regarding the Wuhan virus to point to Gorsuch and claim, “See? Conservatives are just as bad!” Prime among these was the steadily deteriorating Elie Mystal at “The Nation,” who, typically for him, refused to accept the correction. Sotomayor is one of the all-time worst Supreme Court justices, though she will be valuable as a constant reminder of the perils of affirmative action. Her jurisprudence makes the much maligned Clarence Thomas look like Louis Brandeis by comparison. Continue reading

Ethics Dunce: Washington Post Sportswriter Sally Jenkins

Here is all you really need to know. Tampa Bay Bucs star Antonio Brown refused to enter the game when so ordered during the third quarter of Sunday’s NFL game between the Bucs and New York Jets. Brown then stripped off his equipment and shirt before leaving the field. Jenkins says that the Bucs were cruel and unfair to fire him after the game, which is what they did. (Sort of.)

She writes in part,

For all of the NFL’s well-intentioned efforts on mental health, the Buccaneers have betrayed just how much of an archaic, body-commodifying, ranchers-and-cattle mentality can persist where decent human feeling should be. Was Brown not an asset and a “model citizen” for many months, as Arians said? Did he not help them win the Super Bowl last season? He caught 10 passes for his playoff-bound team just a week ago. Who on the Bucs didn’t know Brown had a tangled personality, demons stemming from indigence as a kid, that he had a pile of legal issues, trouble conforming and a penchant for self-sabotage?

It’s easy to be sympathetic to Simone Biles, Naomi Osaka or Michael Phelps for their mental health issues. Their struggles were largely invisible, their confessions soft-spoken. Not so much with Brown. In his case, he lives his crazy and his pain right out loud, in front of the cameras and social media, and it’s unnerving, unlikeable and in some instances perhaps inexcusable, from alleged sexual misconduct to refusing to pay debtors to faking a vaccine card. But the remarks of his teammates make it clear that they have deep affection for his best side and view much of his behavior as stemming from emotional unwellness….

It’s hard to think of another field in which so valuable an employee is so summarily cut loose when deemed broken or noncompliant. …Brown works harder than any man in the league to be uncoverable…His body fat is 3 percent. You don’t work that way because you don’t want to play to win or because you want to be an unreliable teammate. In no other profession do employers demand such devotion and repay it with so little loyalty and deem people so disposable.

I wish I could say it’s rare to see a sports columns so flamingly wrong in so many ways, but that’s not true, unfortunately. But wow: Jenkins is in ethics dunce Hall of Fame territory…

Continue reading

Observations On The Latest Don Lemon New Years Eve Drunk Act

Once again, CNN’s Don Lemon indulged his inner high school jerk by getting drunk during New Years Eve festivities. As he has before, Lemon still went before the cameras smashed as a CNN special rang in 2022. This time, however, he had more to say than just singing “Melancholy Baby” or whatever it is drunks sing now.

As CNN hosts Andy Cohen and Anderson Cooper were reporting on the action in Times Square, Lemon was in New Orleans with fellow CNN anchor Alisyn Camerota and comedian Dulce Sloan, Lemon, his tongue loosened by liquor so much that it nearly fell onto the floor, decided to get some things off his chest. Beginning by denying that he was pickled and claiming it was an “act” (Riiiight: see above screenshot] Lemon ranted,

“I don’t give a — what you think about me, what do you think about that,” he said. “I don’t care, I’m a grown-ass man, and I don’t care what you think about me, I don’t lie. I am who I am. I am a grown, successful black man who a lot of people hate because they’re not used to seeing me and people like me in the position I am to be able to share my point of view on television and it freaks people out and you know what? You can kiss my behind, I do not care. I don’t care. … I have one life. It is who I am, and I feel very … blessed and honored to be in this position, to be able to do this, for all of the hate I get, it’s motivation to me. Bring it. I don’t care.”

Naturally, the video has “gone viral.”

Observations: Continue reading

From The “Bias Makes You Stupid Files”: The “Work Friend” Misses The Point

Roxane Gay is an impressive character. She’s a prolific writer of prose and fiction (including science fiction and comic books), a visiting professor at Yale as well as a professional feminist and LGBTQ advocate. She also contributes opinion essays to the New York Times, and as if she isn’t busy enough, is one of their advice columnists, writing the “Work Friend” Sunday column, which is almost always astute and wise in its advice regarding workplace politics and ethical dilemmas.

Not in this case, however. A female inquirer took offense when two male colleagues offered her unsolicited advice about improving her Zooming technique. She framed them as sexist attacks on a woman’s “appearance,” and Gay took the bait. Continue reading

Ethics Workout, “Get In Ethics Shape For 2022 Edition,” 12/27/21: No Pain, No Gain!

1. On second thought, who needs work? The United States has been a nation that embraced work as a value and a mark of character as no other. Naturally, this core value has been under assault from the Left as part of its cultural overhaul strategy. The pandemic created an opining that has been brilliantly exploited politically, leading to a large part of the work force now unwilling to work. The Congressional Progressive Caucus, the biggest bloc of liberal lawmakers in Congress, has endorsed a bill proposed by Rep. Mark Takano, D-Calif., which would seek to implement a four-day workweek. Americans work far more than people in most other affluent countries, and we also produce more without using, as some countries do that I might mention, slave labor. But the work ethic is weakening.

The anti-work ethic is the goal on one of Reddit’s fastest growing sites — r/antiwork. The subreddit is “for those who want to end work, are curious about ending work, [and] want to get the most out of a work-free life.” It is up to 1.4 million members, ranking among the top subscribed-to subreddits.

Members discuss tactics workers can use to slack off, cheat, sabotage, and steal from their employers. You would learn there, for example, that April 15th is “Steal Something From Work Day.” [Pointer and source: Linking and Thinking on Education]

2. Observations on the Gallup Poll on public approval of Federal leaders (You can find the poll here).

  • Yes, I know, polls. But Gallup is straighter than most, and while the specific numbers should be ignored, the relative values are interesting.
  • The big finding, and what has been attracting all the headlines, is that Chief Justice John Roberts is way ahead of anyone else on the list, with a bipartisan 60-40 favorability split. This undercuts the pro-abortion strategy of warning that the Supreme Court can’t afford to make its decision on Roe v. Wade cases without considering the potential harm to the Court’s legitimacy. The Court seems to have the most trust of any of the branches, which means that it can (and should) be courageous if legal principles require.
  • Federal Reserve Chair Jerome Powell is second. How many Americans know who he is or what he does? 20%? Less? What is it they approve of?
  • Dr. Fauci is third at 52% approval, which shows you can fool a lot of the people all of the time.
  • Mitch McConnell is dead last, even behind Nancy Pelosi. Good.

Continue reading