Ethics Verdicts: The Georgetown Law Professor’s Comments Were Careless But Not “Reprehensible,” And The Law Center Dean’s Statement Implying Her Comments Showed “Systemic Racism” Is Reprehensible…And False

This, I would remind you, is why the emphasis of the first Ethics Alarms post on this mess involving my former employer and alma mater was that GULC adjunct professor Sandra Sellers was culpable for the inevitable results of her unintentionally public candor for incompetently broadcasting her private observations over an online conferencing platform. I predicted that she was a goner once the school’s black student organization saw a grandstanding opportunity (and if it wrecks a lawyer’s reputation and career–so what? After all, she’s just another racist white bitch…), and I was right, in part because I know what the Law Center has become in recent years.

I also predicted a groveling apology from Sellers rather than the ringing defense of her observations that might have been helpful in both clarifying her comments and exposing the Law Center’s spectacular embrace of Rationalization #64, “It Isn’t What It is.” Poor, weak, technologically inept–but not wrong!–Sellers sent the Washington Post a copy of her grovel, which could have been drafted by a computer. She apologized for the “hurtful and misdirected remarks,” carefully chosen words indeed. Her remarks were “misdirected” because they were intended only for another professor, not the universe, and they were “hurtful” because they created a student relations crisis for Georgetown—which it has thoroughly botched. Sellers also said in the letter

“I would never do anything to intentionally hurt my students or Georgetown Law and wish I could take back my words. Regardless of my intent, I have done irreparable harm and I am truly sorry for this.”

Well, I give her some credit for declining to say that she didn’t mean what she said, or that what she said was untrue. Some. In essence she apologized for what I had written was the problem with her statement: it was careless to let it be witnessed by people who would—mostly deliberately— misinterpret it. Her carefully composed non-apology was clever, but it doesn’t help. The school’s statement, through GULC second-in-command Dean Trainor, was despicable—unfair and cowardly. It called the episode indicative of “structural issues of racism” (Translation: Sellers is a racist) and “explicit and implicit bias.”

Yes, a dean of a major law school declared on behalf of that law school that accurate observations involving student education are racist, presumably because they don’t advance a convenient but false progressive narrative. He also suspended the law professor Sellers was talking to because he didn’t meet his “bystander responsibility” and confront her over her non-racist statement as if it were racist.

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Some Enchanted Evening Ethics, 3/11/2021

The New York Times this week referred to the “killing” of George Floyd, which presupposes what the trial of Derek Chauvin is taking place to determine. This is disgraceful journalism. The more I consider the trial, the clearer it seems that this is an unethical show trial, devised to keep the mob at bay, punish a white cop by putting him through an ordeal, and putting off the inevitable mindless riots as long as possible. Potential jurors are already saying that they are frightened. A mob shouting for “justice” was outside the courthouse yesterday during jury selection. Chauvin can’t get a fair trial; not in Minneapolis, not anywhere. The news media and the riots made certain of that.

1. Self-portrait of a self-promoting weenie. Stacy Dash, whose major acting achievement was “Clueless’ 25 years ago, became a darling of the Right and Fox News as a black, female conservative and Trump supporter bucking the Hollywood lockstep. Celebrities, especially B-listers, are always suspect when they take a position that garners publicity. Stacy thought she had a profitable niche. Now that it’s clear that niche has dried up, Stacy has decided it’s time to launch Stacy 2.0. Read this, if you can, without rolling your eyes so hard they come out your ears…

“I’ve lived my life being angry, which is what I was on Fox News. I was the angry, conservative black woman. And at that time in my life it was who I was. I realized in 2016 that anger is unsustainable and it will destroy you. I made a lot of mistakes because of that anger There are things that I am sorry for.Things that I did say, that I should not have said them the way I said them. They were very arrogant and prideful and angry. And that’s who Stacey was, but that’s not who Stacey is now. Stacey’s someone who has compassion, empathy…God has forgiven me, how dare I not forgive someone else. I don’t want to be judged, so how dare I judge anyone else. So if anyone has ever felt that way about me, like I’ve judged, that I apologize for because that’s not who I am…I’m not a victim of anyone. Working for Fox at the time, that was my job. I did my job from the place I was at. Stacey now would never work at Fox, would never work for a news network or be a news contributor.”

As for her vocal support of President Trump, Dash said, as a cock could be heard crowing three times, “He is not the president. We have a new president. Being a supporter of Trump has put me in some kind of box that I don’t belong in. But he’s not the president. I’m going to give the president that we have right now a chance.”

Good luck with the reboot, Stacy. But you’re pathetic and desperate, and have the integrity and loyalty of Tessio in “The Godfather.”

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Ethics Verdict: It Doesn’t Matter Whether Or Not Coke’s Diversity Training Specifically Tells Employees To “Try To Be Less White”—It’s Still Unethical.

Less white

Coke 1

One of the ways the news media and factcheckers confuse the public rather than enlightening them is their well-developed penchant for complicating an issue beyond comprehension so normal people just shrug and say, “I don’t have time for this: the sock drawer beckons.” This strategy allows all sorts of unethical conduct to fly under the radar. A recent example has been the controversy over Coca-Cola’s corporate diversity training, a current obsession of the rightish media which I admit that I skipped when I saw the first of the Powerpoint slides above. I saw it, and concluded that it could not possibly be part of an official major corporation’s diversity course despite what I was being told so I and any other woke-averse Americans would become livid. As it happens, I was right, but that misses the real issue.

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Saturday Morning Ethics Warm-Up, 2/27/2021: Confusion And Irony

Doomscrolling” is a relatively new term to describe the habit of constantly checking one’s smartphone for bad news. Jeffrey Hall, professor of communication studies at the University of Kansas in Lawrence, has spent over 10 years studying technology use in conjunction with relationships. He says that the mass media is intentionally triggering the habit:

“People tend to have what’s called negativity bias when it comes to information. From an evolutionary perspective, it’s related to the idea that we needed to be more alert to threats. If things are not particularly surprising, we can reside in a very low energy state, but as soon as we see something that’s potentially threatening or worrisome, it piques our attention. The algorithms are picking up on what we engage in, and our attentive processes tend to focus on the more negative information….”

The professor recommends filtering social media as a remedy:

“You can also take active steps to recognize if there are people who are a part of your social network that seem to be fueling your sense of doom and gloom. You may want to consider unsubscribing or muting them. People are very loath to actually unfriend or stop following a person altogether. However, there are ways to not get that content. Oftentimes we’re very upset about content we see, but we don’t do anything to change what we see.”

I dunno, professor! The people on Facebook seem to revel in shared, if imaginary, gloom and doom. Most of them “muted” me when I pointed out that the false narratives about the President being some kind of a traitorous Nazi racist monster trying to end American democracy were media-driven, partisan scams. That should have been good news, and it happened to be true. Instead, my Facebook friends crawled back into their comforting imaginary crisis bubble and, from what I can see, virtually no one there reads any EA posts that I put up. Trump Derangement was (in fact, is) a fad, a pastime, and sort of a club that eventually metastasized into a mindless mob.

1. On the question of canceling artists of bad character…A note that on this date in 1936 Shirley Temple, who was all of seven years old, signed a deal paying her almost a million dollars per picture in today’s currency reminded me of this horrible story: when Shirley was an attractive teen seeking to transition away from child roles, she met with MGM’s legendary movie musical chief, Arthur Freed. He exposed himself at the interview, and Shirley’s mother decreed that she would have no further dealings with MGM.

First, how sick to you have to be to expose yourself to Shirley Temple (the term “scumbag” comes to mind)? Second, would that justify refusing to watch and enjoy all of the classic musicals he was responsible for at the studio, like “Singing in the Rain,” “The Bandwagon,” “Wizard of Oz,” “Gigi,” the Mickey and Judy films, “Meet Me in St. Louis,” and many more? How about all of the songs he wrote, including the ones used in “Singing’ in the Rain”? I love that movie, but it is presented as a celebration of Arthur Freed, as is another favorite, “That’s Entertainment!” And the guy exposed himself to Shirley Temple!!!

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Valentine’s Day Ethics Warm-Up: “Ya Gotta Love Ethics!”

valentines-day-hearts-9

I’m going to see if I can get through this entire post without mentioning yesterday’s acquittal of Donald Trump. There’s a whole other post around the corner for that. Let’s see.

I was sorely tempted to post the simple word “Good!” to my Facebook feed, but resisted the temptation. All it would have accomplished was to trigger some genuinely, or at least formerly, nice and reasonable people….who have nonetheless been smug, abusive, irrational, nasty, obsessed, hateful and harmful to the culture and society since November 2016. And as much as the Duke in “McClintock!” is an inspiration…

…I won’t. At least, not right now.

1, And the audacious hypocrisy continues! To a ridiculous and childish extent, too. Here’s Dr. Jill Biden’s kindergarten-style, “do as we say not as we do,” signaling-virtue-while-not-actually-engaging-in-it White House lawn display.

Biden diaplay

How nauseating.

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“Intent” Ethics: The “Grape Soda” Caper

Grape Soda

Little noticed when it was reported a month ago, but of special interest now that the New York Times is on record that the use of a racist slur is to be regarded as a racist act regardless of the intent of the speaker, is the decision by The New York Racing commission to ban a prominent trainer from competition for giving a horse a name that isn’t racist but apparently intending it to be a racist slur. Yes, it’s a reverse Donald McNeil! What do you say, Bret Stephens?

As Alice said in Wonderland, “Curiouser and curiouser!” The banned trainer is Eric Guillot, whose horses have earned more than $13 million in purses and have won 259 races. “Racism is completely unacceptable in all forms,” David O’Rourke, the association’s president and chief executive, said in a statement. “NYRA rejects Eric Guillot’s toxic words and divisive behavior in the strongest terms. Our racing community is diverse, and we stand for inclusion.” What were the “toxic words”?

“Grape soda.”

Yes, grape soda. I confess, I’ve used the words “grape soda.” I like grape soda; always have. But Guillot, see, named a horse “Grape Soda” after tweeting on New Year’s Day that he was giving a 3-year-old colt a “unique name in honor of a TVG analyst.” The tweet had a Black fist emoji. Apparently “grape soda,” in addition to meaning, you know, grape soda, has been used somewhere I’ve never been as a racial epithet. So bad an epithet is it that the New York Times wouldn’t dare print it in its headline: “NYRA Bars Horse Trainer For Using Racist Name.” I couldn’t find out what the “racist name” was until six paragraphs into the article. The Times didn’t even call it the “GS-word,” though it says it “can” be a racist term, presumably based on context and intent. But now, as a Times columnist discussed in a banned op-ed, the Times says intent and context doesn’t matter. If that’s true, then “Grape Soda” must be presumed to have the same meaning in the case of the horse as it is presumed to mean anywhere else, like when I say to my wife, “Hey, while you’re at 7-11, pick me up a grape soda please!” But that does not seem to be the case in this story, and the Times itself doesn’t challenge the logic that “Grape Soda” as a name for a horse is racist simply because it was dedicated to the only black horse-racing analyst. They think. Or someone thinks.

Confused? Me too, and I have some questions:

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Why Freedom Of Speech In America Is Threatened: Too Many Cowards

Coward

Oh no, not this issue again so soon.

Another prominent professional has been fired for breaching political correctness rules and annoying the totalitarian Left’s censors. His crime: speaking the taboo word “nigger” while referencing it in a discussion of racial slurs. Then, as we have seen over and over again, the exiled victim of this assault on free speech apologized. “Thank you sir, may I have another?” And, as we have also seen, it did no good.

The New York Times fired its #1 science and health reporter Donald McNeil Jr., after The Daily Beast reported that he had used racist language while on a 2019 trip with students to Peru. He did not use “racist language,” however, and there is no evidence at all that he displayed racist attitudes or opinions. What he did is to speak a word that speech censors have decided is itself forbidden, even if it is necessary in order to discuss the issue of racism, censorship or linguistics. This is, I note again, punishing or even criticizing such conduct is unethical, idiotic, juvenile, and sinister. Nonetheless, it is rapidly becoming the norm, and it is becoming the norm because so many individuals of power and influence lack the integrity and fortitude to oppose an indefensible position loudly and unequivocally.

(See the previous post. It is very relevant here.)

McNeil, formerly the Times’ top reporter on COVID-19,was fired because six students or their parents claimed he had made racist and sexist remarks throughout the trip. An investigation inicated that none of his remarks were sexist or racist, but that he had used words employed by sexists or racists to talk about sexism or racism, rather than using the approved poopy/ pee-pee/woo-woo baby talk codes (n-word, b-word, c-word) demanded by language censors. Initially, the Times’ editor tried to be fair and to uphold what the Times is supposed to respect—the Bill of Rights—but eventually capitulated to his woke and anti-free speech staff, as he has before.

So here are the cowards in this nauseating drama:

Coward: Dean Baquet. The Times Executive Editor initially said McNeil should be “given another chance” (Chance to do what? Conform his speech to oppressive conformity with progressive dictates?).”I authorized an investigation and concluded his remarks were offensive and that he showed extremely poor judgment, but it did not appear to me that his intentions were hateful or malicious,” he said. But anti-white racist and liar (but Pulitzer Prize-winning racist and liar!) Pulitzer Prize-winner Nikole Hannah-Jones threatened to call the parents and students on the trip to determine what McNeil had said and in what context (all of which would be hearsay, and thus unreliable except to an ideological hack like Hannah-Jones). Then a group of over a hundred staffers, mostly “of color” or female, signed a letter demanding serious sanctions.

“Our community is outraged and in pain,” the signees wrote. “Despite The Times’s seeming commitment to diversity and inclusion, we have given a prominent platform—a critical beat covering a pandemic disproportionately affecting people of color—to someone who chose to use language that is offensive and unacceptable by any newsroom’s standards. He did so while acting as a representative for The Times, in front of high school students.”

Baquet, publisher A.G. Sulzberger, and Chief Executive Meredith Kopit Levien responded that they welcomed the letter, saying, “We appreciate the spirit in which it was offered and we largely agree with the message,” they wrote in masterpeice of weasel-wording. Then Baquet reversed himself and fired McNeil, saying, “We do not tolerate racist language regardless of intent.” Really? So if a news story involves a racist or sexist statement, the Times can’t write about it and use the langauge that makes the episode a story? If the Supreme Court holds that “nigger” or other words are constitutionally protected (as indeed they are), the nation’s ‘paper of record’ won’t be able to quote the opinion?

Baquet had an opportunity to take a crucial stand for freedom of expression and against the criminalizing of language and the retreat to the primitive logic of taboos. He proved himself to be more interested in Leftist agendas and his job than the principles of democracy.

Coward: Donald McNeil Jr. He could have articulately objected to the warped logic of the Times mob, and explained, as he was equipped to do, why we must never cripple expression by banning words, legally or culturally, and why this episode is a perfect example why. Instead, he wimpered an illogical and craven apology, telling the staff in part,

McNeil grovel

Well hello Galileo! He went on to say, “I am sorry. I let you all down.” He let a newspaper down by using a word in a discussion with students in Peru to examine the use of the word. He let a newspaper down by being clear and describing the matter under discussion… because at the New York Times, progressive agendas trump the truth.

Well, I guess we knew that.

Since he was going to sacked anyway, was obligated as an American to go down fighting for free speech and against the censorship of expression. Nah. That might interfere with getting his next job with an ideological indoctrinating institution or publication.

Coward: Ann Althouse. This is disappointing. She says the right things in her post on this fiasco:

In the old days, a big deal was made of the “use/mention” distinction. It doesn’t seem to matter anymore. Even McNeil, defendinghimself, asserts that he “used” the word.
I understand wanting to say that “intent” shouldn’t be decisive, because it presents evidentiary problems. What went on in a person’s head? Did he somehow mean well? But the “use/mention” distinction doesn’t require a trip into someone’s mind. If you have the outward statement, you can know whether the speaker/writer used the word as his own word or was referring to the word as a word. 
You don’t need to know whether I think Dean Baquet is a coward to distinguish the statement “Dean Baquet is a coward” from “I can imagine someone saying ‘Dean Baquet is a coward.'”

But there’s something oddly missing from her post. As one commenter coyly asks (and to her credit, Ann allowed it to be posted): “What word are you talking about?”

In this case, Althouse is a hypocrite as well as a coward. I can expect her to be on the sidelines with the mob when they haul me off to in the tumbrils because I write the word “nigger” when the topic is using the word “nigger.” Such reticence—I guess she’s worried her University of Wisconsin law school pals will shun her–does not help the cause of freedom of expression, which Ann knows damn well is under attack

A Harmonica, Mickey Mantle’s Practical Joke, And Moral Luck

Linz harmonica

Phil Linz died last month, and I meant to write about it but did not. He was a baseball player that only baseball fans remembered, and fewer as time went on, yet he was deemed worthy of a long obituary in the New York Times, among other publications. There is a reason, and the reason ultimately reduces to a favorite topic here, moral luck. That, of course, isn’t mentioned in any of the obituaries.

I saw Phil Linz play many times. His New York Yankees team was the perennial pennant winner that dominated the American League from 1961 to 1964; Linz joined the team in 1962. By current day standards he was a terrible hitter, but he could play many positions well, and those Yankee teams were hardly short of offense. Still, utility infielders with light bats are usually fungible and forgettable. Baseball Reference.com lists the most similar players to Linz as Robert Andino, Augie Ojeda, Manny Alexander, Clyde Beck and Rusty Peters.

Unlike any of those nonentities, however, Linz had a moment of fame. On the afternoon of Aug. 20, 1964, the Yankees were riding the team bus to O’Hare after losing four straight games to the White Sox. Yankee manager Yogi Berra, seated in the front, was in a foul mood: the team was looking like it might finish in second place, something just not tolerated by Yankee management. Linz had recently bought a harmonica, and was practicing in the back of the bus by playing “Mary Had a Little Lamb,” over and over. Yogi couldn’t stand it, and shouted from his seat to Linz, “Shove that harmonica up!” Between the harmonica and the other noise, Linz didn’t know what his manager had said, so he asked the teammate sitting by him, Mickey Mantle, what Yogi had shouted. The Mick, who was a practical joke aficionado, told him that Berra wanted him to play louder. So Linz did.

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Morning Ethics Warm-Up, 1/30/2021: Oh, The Usual…Race-Baiting, The Pandemic, Betrayals, Journalism

SCOTUS Morning

Late reflections on this morning’s first post:

  • The story of how the only official to be referred for criminal prosecution as a result of the illegal Justice Department machinations to cripple the Trump administration was reported on page A20 of the New York Times front page this morning. Thirty stories were considered more important for Times readers to know about, including the discovery of  200-year-old fort built by indigenous Alaskans.
  • From the Times report: “The Justice Department has said it no longer believes the full range of evidence available to it by the final two extensions met legal standards to invade Mr. Page’s privacy.” This is deceptive: the purpose of the FISA warrant was to surveil the Trump campaign. meaning that the surveillance was illegal. Page was a means to an end, and the end being sought was redolent of the Nixon dirty tricks that spawned Watergate. The Times is burying the significance of what Clinesmith did. Similarly, the headline “Ex-F.B.I. Lawyer Who Altered Email in Russia Case Is Sentenced to Probation” is deliberately deceptive. The objective of the “collusion” claims were to sink the Trump Presidency, not to punish Russia.
  • A single day’s riot that breached the Capitol and had no tangible effects of the government at all is being routinely labelled an “insurrection,” while a two year effort to cripple a Presidential administration using false evidence and involving the Justice Department, the FBI and news media  is reported as an inconsequential legal matter.

1. Finding systemic racism where it wasn’t. Cicely Tyson died at the age of 96. Like Charlton Heston, the African-American actress became an icon by playing iconic roles. She had by any standards an acting career an actress should be proud of, and most performers would envy: she appeared in 29 films; at least 68 television series, mini-series and single episodes; and 15 productions on and off Broadway.  She  was honored with an Oscar, three Emmys, many Emmy nominations, a Screen Actors Guild Award and a Tony, and accomplished it all while being a non-beautiful woman in a profession that values beauty above all, mostly limiting her to character and historical roles.

Yet Times critic Wesley Morris, an African-American who  has a narrative to advance, writes in an appreciation, “Let’s face it: the great parts were always headed to someone whiter anyway… Consider the parts she could have played if the movies were fairer.” This is approximately equivalent to saying, “Imagine the parts Mickey Rooney could have played if the movies were fairer.” Tyson was unique and talented, and the movies were sufficiently fair for her to play major roles in major projects throughout a long career. There are undoubtedly African American actresses who consider it unfair that when a black female character was being cast in a hsitorical film, Tyson was ha the right of first refusal.

Might she have been cast in “The Jagged Edge” in place of Glenn Close? Sure—so could Faye Dunaway. Or Ellen Burstyn. The difference is that those actresses can’t use racism as the reason they weren’t cast.

In addition to her stellar career and reputation, Tyson died with an estate worth at least 10 million dollars. Hollywood has been racially biased for decades, but Cicely Tyson shouldn’t be cited as a victim. Like so many of the individuals she played, she rose above racism by strength of character and ability. Continue reading

Ethics Quote Of The Month: Glenn Greenwald

A republic

“Unleash this monster and one day it will come for you. And you’ll have no principle to credibly invoke in protest when it does. You’ll be left with nothing more than lame and craven pleading that your friends do not deserve the same treatment as your enemies. Force, not principle, will be the sole factor deciding the outcome. If you’re lucky enough to have important and famous media friends…you have a chance to survive it. Absent that, you have none.”

Glenn Greenwald, in his post on the attempted “canceling” of writer Will Wilkenson over a facetious tweet.

The “monster” Greenwald is referring to is mob anger and indignation, magnified by social media, and enabled by self-preservation and cowardice. His essay, titled “The Moronic Firing of Will Wilkinson Illustrates Why Fear and Bad Faith Mob Demands Reign Supreme,” was triggered by the recent firing of an intellectual I never heard of by a think tank I never heard of, as well as his looming dismissal by the New York Times. His “crime” was this tweet…

Willkerson tweet

…which a hoard of online cretins and power-hungry wastrels pounced upon, falsely calling it a call to do violence to the ex-Vice-President and thus mandating his public humiliation and rejection.

As Greenwald correctly concludes, no reasonably intelligent reader could think the tweet, posted the night of Joe Biden’s inauguration, was anything but a pointed joke. Extreme Trump supporters were furious with Pence for not taking action to reject the 2020 election results. Anti-Trump extremists wanted Pence to remove President Trump using the inapplicable 25th Amendment ploy, which he correctly refused to do (and could do constitutionally anyway.) Thus lunatics on both sides of the U.S. ideological divide could be unified in their anger and hatred toward Mike Pence, ironically making his mistreatment a potentially unifying act. Wilkinson rueful point was valid (if clumsily made), and he wasn’t personally advocating violence against Pence. But a wealthy hedge fund manager and large-money GOP donor, Gabe Hoffman, condemned the tweet which he claimed “call[ed] for former Vice President Mike Pence to be lynched.” Hoffman asked the New York Times, which employs Wilkinson as an opinion writer, to comment on its ” ‘contributing opinion writer’ calling for violence against a public official,” then tweeted to Wilkinson’s other employers, the Niskanen Center, a moderate public policy think tank, to pressure them as well. The Center quickly fired Wilkinson, while his fate with the Times hangs in the balance. A spokesperson for the paper told Fox News: “Advocating violence of any form, even in jest, is unacceptable and against the standards of The New York Times. We’re reassessing our relationship with Will Wilkinson.”

Naturally, as happens in 99% of these increasingly common episodes, the victim of the deliberate misunderstanding resorted to a grovelling apology, saying in part,

“Last night I made an error of judgment and tweeted this. It was sharp sarcasm, but looked like a call for violence. That’s always wrong, even as a joke. It was especially wrong at a moment when unity and peace are so critical. I’m deeply sorry and vow not to repeat the mistake. . . . [T]here was no excuse for putting the point the way I did. It was wrong, period.”

No, actually it didn’t look like a call for violence, and apologizing for something it wasn’t but was deliberately misrepresented as being for malicious purposes is far worse than the tweet itself.

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