Workplace

Morning Ethics Warm-Up, 12/15/ 2017: Wonder Woman, Plan J, and Concussions? What Concussions?

/ Jack Marshall / 17 Comments

Goood Morning, Wonder Woman!

(You might want to skip item #3…)

1  How the NFL defines good leadership..The news today that the most recent result of  examinations of deceased former football players’ brains shows 99% of them with CTE puts an especially harsh light on the NFL’s new contract with Commissioner Roger Goodell, who was promised hundreds of millions of dollars  to serve in the same role he has botched for another seven years. Well, botched is a relative term, I suppose. True, Goodell has made it clear that his league is the least ethical, most venal, and most brutal sports organization on earth. Over his 11 year tenure so far, he proved that the league only regards its star behemoths beating up women after there is a public outcry, then tosses away due process to levy illegal punishments for show. Goodell first denied that the science showing that his game’s routine and unavoidable concussions were deadly, then had his lawyers negotiate an unconscionable low-ball settlement with the desperate families of former players his modern day gladiatorial combat had crippled (it was declared so by a judge, and thrown out), and now says the league is addressing the problem, which it isn’t. Meanwhile, every game, play by play as fans cheer, more young men are  sent on their way to a premature, drooling death by brain damage.

Goodell’s biggest star, Tom Brady, and most successful coach, Bill Belichick, are smug cheaters. For the last year, fans paying three figures a game for their seats have had to watch their National Anthem marred by various player protests about..something. Ratings and attendance have fallen; polls show that the NFL is the most disliked sport in America, which it should be, since it kills people,  promotes felons and cheaters as heroes, and abuses its fans. But this isn’t considered a botch by the Commissioner, says the New York Times, because “during his tenure as commissioner…Goodell has helped team values skyrocket, and the owners are betting that will continue under his leadership.”

That sentence explains everything, doesn’t it?

2. Welcome to “the resistance” Plan J.  Review: Plan A was to reverse the election by hijacking the Electoral College. Plan B was pre-emptive impeachment. Plan C was the Emoluments Clause. Plan D was “collusion with Russia” (The New York Times, to give credit where it is due, actually created a chart to explain this one, and if it isn’t obvious to you how pathetically weak the case is, you played NFL football…), Plan E is”Trump is disabled because he’s a narcissist and a Republican, so this should trigger the 25th Amendment.”, Plan F, the Maxine Waters plan, is to just impeach the President because she really, really doesn’t like him, Plan G is “The President obstructs justice by firing incompetent subordinates,” Plan H is “tweeting stupid stuff is impeachable,” Plan I is “Let’s relentlessly harass him and insult him and obstruct his efforts to do his job so he snaps (see E) and does something really impeachable.”

Senator Kirsten Gillibrand unveiled Plan J, since the others are absurd, when she demanded that the President should resign now for unproven allegations of non-crimes, when none of the misconduct occurred during his tenure as Presidency.  This is impressive, because it is just as ridiculous and desperate as the other plans, and I thought they had exhausted the possibilities. At a Congressional hearing examining Deputy Attorney General Rod Rosenstein  Texas Democratic Rep Sheila Jackson Lee insisted that women who accused non-President Trump of sexual harassment can report it to the FBI.  That’s right: now the FBI should be investigating illicit kisses, “groping,’ and my personal favorite, walking into a Miss USA dressing room where the contestants might be in various states of undress.

These aren’t crimes, they aren’t prosecutable, and they aren’t even close to the FBI’s mission and duties. Continue reading →

Gender Bias And Legal Careers

/ Jack Marshall / 54 Comments

Studies show that although women have been entering the law in equal numbers to men for more than a decade, they make up just 23 percent of partners and 19 percent of equity partners. Why do so many women  leave the legal profession at what should be the height of their careers? Last month, more than 160 lawyers gathered at Harvard Law School in November for the ABA National Summit on Achieving Long-Term Careers for Women in Law to identify answers and plot a course to change the trends.

Sharon Rowen, a lawyer from Atlanta,  said her research showed three reasons women leave the practice of law: work/life balance, unconscious bias, and the pay gap. I wish I could have attended the discussion. I hope someone pointed out that seeking work/life balance is the major reason for the pay gap, and that it is not unreasonable to view that as a trade-off that is both fair and reasonable.  Rowan’s list also leaves off conscious bias that pervades society and clients regarding female lawyers, as well as law firm partners.

Iris Bohnet, professor of public policy at Harvard Kennedy School, said some women suffer from “success fatigue,” and leave “because of a work culture that forces them to minimize important parts of their lives.” They ask themselves, “Can I bring my whole self to work?” and “Is this a place where I can thrive?” What she is saying is that a lot of women don’t find the law enjoyable, and that its stresses, patterns and requirements are more accommodating to men than women. In other words, law isn’t fun for a lot of women, while men, because of the nature of males, are more tolerant of it than women tend to be. I wonder if any panelist had the guts to come right out and say that? I doubt it. I bet most of them would deny it, because it’s politically incorrect to admit any gender differences, unless they involve female superiority.
Continue reading →

Yes, Catherine Gregory Should Be Fired

/ Jack Marshall / 34 Comments

Jonathan Turley is fascinated with the issue of whether  faculty members and employees generally should lose their jobs over controversial conduct outside of the workplace, particularly when it involves political speech. “There remains an uncertain line in what language is protected for teachers in their private lives,” the George Washington law professor writes. As I’ve discussed here before, I don’t think it’s nearly as uncertain as Turley does. When a faculty member’s conduct or statements on social media make an objective observer think, “No competent, professional institution would hire someone like this,” it’s bye-bye and don’t let the door hit you on the way out.

Even Turley seems to waver in this ridiculous case.

Conservative commentator Lucian Wintrich was about to speak on the topic “It’s OK to Be White”—I LOVE that topic!— at the University of Connecticut when a protestor grabbed his notes. He in turn tussled with her, causing a near riot, and campus police arrested him.  The protestor was Catherine Gregory, associate director of career services  at Quinebaug Valley Community College.

Today the University came to its senses (or realized public opinion wasn’t going to allow it to get away with its attempt at liberal fascism) and dropped the charges against Wintrich  while charging Gregory.

What should happen to Gregory?

Gregory’s lawyer, Jon Schoenhorn argues that his client was justified in her actions because Wintrich’s views constitute “hate speech” and his actions “are beyond the First Amendment” in their insults to minorities. This is obviously nonsense, and I would argue it even qualifies as a frivolous and dishonest defense, an ethical violation. Unless the man is complete nitwit, he must know that there is no excluded variety of speech called “hate speech” that the First Amendment doesn’t protect. He’s lying, or he’s too incompetent to be a lawyer. Continue reading →

Morning Ethics Warm-Up, 12/8/17: Special “BOY, There’s A Lot Of Ignorance, Dishonesty And Idiocy Surrounding Sexual Harassment!” Edition [UPDATED]

/ Jack Marshall / 42 Comments

GOOD Morning!

1 Ethics Dunces: Anyone who can’t understand why Rep. Trent Franks should resign. I have been reading some conservative commentators who say that the Republican Congressman wasn’t sexually harassing anyone, just guilty of inappropriate conversation….you know, like asking female staff members if he and his wife could rent their uteruses. That is per se sexual harassment. I am stunned: after all of the foofaraw and finger-pointing, witch-hunting and grandstanding, people still don’t know that words alone—“Hey, do you wanna fuck?” and “Oo Oo baby, you are one hot mama this morning! The way that skirt hugs those curves..wow. I’m having a hard time restraining myself!”…oh, and don’t forget, “I’ve been thinking about your uterus lately: can I use it for nine months?” can make someone feel uncomfortable in the workplace, and thus can constitute sexual harassment. Whether a single comment is enough to qualify as “pervasive” is always an issue, but Franks, who apparently had his ethics alarms installed by the Three Stooges, made the request to two staffers, so he effectively poisoned his work environment for every woman in it. Claiming, as one left-leaning site did, that Franks was using his high office to re-enact “The Handmaid’s Tale” goes a bit too far (it’s funny, though), but no one as clueless as Franks should be part of the government.

UPDATE: Franks was offering $5 million for use of the uterus. Whether he was proposing actual intercourse is unclear.

2. “Very interesting theory, but you overlook one very important point! Is stupid. Is most stupid theory I ever heard!” –Sidney Wang (Peter Sellers) in “Murder by Death.” by Neil Simon That theory, which I have now heard others raise, and that I sniffed out a few days ago, is  the Democrat/progressive fantasy that if they make every member of Congress who has been accused of sexual misconduct resign, they have a new and powerful means to try to force President Trump out of office.

They need a new and powerful theory, because the Emoluments Claus (Santa’s inscrutable younger brother) is a non-starter, the 25th Amendment doesn’t apply, the Russian investigation is not finding any high crimes and misdemeanors (just sleazy Trump team members), the “obstruction of justice” theory is risible, and a desperate and thin impeachment resolution put forth by the Congressional Black Caucus just lost 368-58. This one is that if they establish that allegations of past sexual misconduct without due process, admission of guilt or evidence mandates high elected officials resigning (as Bill Clinton did not, but he’s going to be retroactively forced to resign in an alternate universe, or something, thus cleansing Democrats, feminists and the complicit news media of their cynical hypocrisy and altering the present by changing the past, like in “The Terminator” or “Back to the Future”), President Trump will be forced to resign because of the Access Hollywood tape and  his alleged accusers.

Not that this is more ridiculous than many of the other ways the Democrats and “the resistance” have plotted to overturn the election results they promised to respect when they assumed they would win, but it’s still indefensible. Voters decided, wrongly or not, that they didn’t care about this, all of which they knew about before they elected Trump. None of the alleged misconduct occurred while the President was in office (unlike in the cases of Clinton, Franken, Conyers, Packwood and Franks) nor are they only recently disclosed allegations of pre-election misconduct that were not known to voters before the official in question was elected (as in the cases of Franken and Clinton). None of the elected officials who have resigned are analogous to the President. Continue reading →

Morning Ethics Warm-Up, 12/7/17: Al Franken’s Day That Will Live In Infamy [UPDATED]

/ Jack Marshall / 49 Comments

Battleship USS West Virginia sunk and burning at Pearl Harbor on Dec. 7, 1941. In background is the battleship USS Tennessee.

Good Morning, Bad Memories…

1 The duty to remember…The most amazing thing about Pearl Harbor was perhaps how lucky the United States was that the sneak attack by Japan, as devastating as it was, didn’t permanently cripple our ability to defend ourselves. Two links lead to explanations why. Here is a letter written by Admiral Nimitz, then in his eightieth year. to Admiral David L. McDonald, the present Chief of Naval Operations. The National Review provides the tale of how a forgotten Georgia Congressman, Democrat Carl Vinson saved the country and probably the world.  An excerpt:

For nearly a decade before Pearl Harbor, Vinson had schemed and politicked in brilliant fashion to ensure that America was building a two-ocean navy larger than all the major navies of the world combined. Vinson had assumed in the mid-1930s that fascist Japan and Germany posed existential threats to the United States. For America to survive, he saw that America would need mastery of the seas to transport its armies across the Pacific and Atlantic.

This is Thank You Carl Day. Read it all.

2. ‘I wasn’t good enough, I wasn’t smart enough, and doggone it, nobody likes me!’ This appears to be the end for Senator Al Franken. If it’s not, the end is near and inevitable. His seventh new accuser was the tipping point, for some reason, though her story Franken denies—especially the part where the anonymous woman claims that after she ducked his attempt at a spontaneous kiss in 2006, he  protested, “It’s my right as an entertainer! ” The soon-to-be-former Senator told Politico,

“This allegation is categorically not true and the idea that I would claim this as my right as an entertainer is preposterous. I look forward to fully cooperating with the ongoing ethics committee investigation.”

That “It’s my right” comment sounds to me like a desperate attempt to save face by making a joke out of an awkward situation, not a serious claim. If I’m right, then Franken’s statement is deceit: he’s saying that he would never claim such a right, but he isn’t saying that those words never came out of his mouth. Al’s slippery, mealy-mouthed, not-quite apologies are a large part of why he’s in this mess, as I wrote here. 

Still, no one should be presumed guilty or face negative consequences for a public accusation by an accuser who refuses to go on the record. This is basic fairness and due process. Never mind: the Democratic women in the U.S. Senate are less interested in due process and fairness than grandstanding and standing for the proposition that women must be believed in cases of sexual assault, unless they were assaulted by Bill Clinton. I think that’s the rule, right?

They led a coordinated attack on Franken yesterday by 16 U.S. Senators, including Sen. Kirsten Gillibrand of New York—you know, the one who championed “Mattress Girl”?–who  wrote in a 650-word statement,”While Senator Franken is entitled to have the Ethics Committee conclude its review, I believe it would be better for our country if he sent a clear message that any kind of mistreatment of women in our society isn’t acceptable by stepping aside to let someone else serve.”

That’s right, Senator, it’s better to send the message that due process is just a sham to make doing what you want to do look fair.

For example, how do you like this (from Politico):

Two former colleagues of the woman independently corroborated her version of events, including Franken telling her he had the right to try to kiss her because he was “an entertainer.” The first former colleague interviewed by POLITICO said she was told of the incident in 2006, shortly after it happened. The second former co-worker said she was made aware of the encounter sometime in 2009 or 2010.

What? Those women didn’t corroborate the the accuser’s “version of events”! How can any journalist write such junk? How could an editor let it pass? All they can do is corroborate that the woman said this happened, not that her account is accurate or true.

But again, never mind. This is The Terror. Al’s a man, Democrats have been caught in the web of hypocrisy they started spinning when Clinton was President, and his metaphorical blood must cleanse them. Continue reading →

Morning Ethics Warm-Up, 12/6/17: An Ambush By John Oliver, An Insult From John Conyers

/ Jack Marshall / 21 Comments

1 It’s a tradition, but  still an embarrassment to democracy...Why isn’t this res ipsa loquitur, as in “so indisputable it ought to be embarrassing”?  Rep. John Conyers, whose proclivity to engage in sexual harassment in full confidence that neither left-leaning reporters in the know (like Cokie Roberts ) nor his party’s leaders nor the victims themselves, would blow a whistle on a “civil rights icon” like him, is finally announcing a forced retirement. But he is attempting to anoint his oldest son, John Conyers III, as his successor. III has no special qualifications for elected office. He is a hedge fund manager and a business consultant whose  famous father is part of his appeal to clients. The original John Conyers was used  as a stepping stone to power by another unqualified family member using his name, III’s’ mother, former Detroit City Councilwoman Monica Conyers, was sentenced to 37 months in prison for bribery. She was released in 2013.

In a profanity and vulgarity-laced video III posted last year, he said in part,

“Third and fourth generations of Conyers running for office. It’s really crazy. My grandfather did an incredible job, man. Fuck. A lot of people stand on the sidelines of their own lives. It’s like you just watch that shit go by like, no, I don’t think I’m going to get in the game – that shit is short, man. Whatever you do, make sure you vote….Voting feels so good, like even if your person doesn’t win, like, it feels good. The craziest part about it all is that my dad really walked with Martin Luther King and got arrested for this shit, like, damn this shit is deep fam. I casted my vote and I was hype as shit, like, I voted, like, this is awesome and I am really thankful for people that died for that for me. Any race, whatever, it’s important to vote but I mean, like, especially African-Americans man, go vote because people really died for this shit. If you don’t know shit about a candidate, man, and you just want to vote like you can write your own name in there, but like the action of going to vote is so important.”

Or just vote for someone with a last name you recognize! He sounds like a winner to me! One hurdle: Democratic Michigan State Sen. Ian Conyers, the congressman’s great-nephew, announced his intention to run for the open seat.

This is a long, long blight on American democracy that makes me wonder if we’re really up to it. The number of voters in both parties who are so shallow, lazy, and foolish as to assume that merely being related to a famous or popular leader is sufficient reason to elect him or her is disgraceful, but it has always been thus. Among those who never would have made it into a high office without this factor are Mary Bono, Jesse Jacskon, Jr. (currently in prison), Lindy Boggs, Lurleen Wallace, Margaret Chase Smith, Robert Taft, George W. Bush,  Bobby Kennedy, Ted Kennedy, Robert Kennedy Jr,  Joseph Kennedy III,  Joe Kennedy II, Kathleen Kennedy Townsend—anyone named Kennedy, really—current Rep. Doris Matsui (D-Cal.), Al Gore, and Hillary Clinton. There are many, many more.

A last name is not a qualification for office. Why should that even have to be pointed out in a nation founded upon the rejection of royalty?

2. Unethical virtue-signalling via ambush. I admire John Oliver’s intellect, verbal dexterity and talent, but as with Stephen Colbert, David Letterman and others, he is so clearly a mean-spirited jerk that I find it difficult to watch him. Signature significance arrived for Oliver this week when he ambushed actor Dustin Hoffman  during a panel discussion commemorating the anniversary of the film Wag the Dog.

The topic of the evening was fake news and government manipulation of it, as the Clinton era film about a phony war being launched by a President to distract from a scandal is a fascinating one to ponder through the rear view mirror. Hoffman, one of the stars of the film, recently became one of the few dubious victims of a #MeToo-er, as he was accused of groping and sexually harassing a 17-year old woman on the set of another film in 1985. Unlike most of the celebrities and power-brokers run over by the Harvey Weinstein Ethics Train Wreck, Hoffman has not had other accusers surface. He denies the woman’s characterization of what happened, and so have others, like the director of the movie in question, the filmed version of Hoffman’s Broadway turn as Willie Loman in “Death of  Salesman.”

I have read fans of Oliver saying that Hoffman should have assumed that Oliver would grill him on the allegations, to which I say, “Only if Hoffman realized what a knee-jerk progressive creep Oliver is.” I think the actor assumed that Oliver was an honorable professional, and as a moderator wouldn’t hijack the discussion to embarrass Hoffman and burnish his feminist creds.

To Hoffman’s credit, he stood up to the abuse of position by Oliver and defended himself. At one point, there was this exchange:

HOFFMAN: “Do you believe this stuff you read?

OLIVER: Yes. Because there’s no point in (the accuser) lying.”

HOFFMAN: Well, there’s a point in her not bringing it up for 40 years.

OLIVER: Oh Dustin…

I would have said,

“Don’t “Oh, Dustin” me, you arrogant, posturing ass. The fact that a complaint isn’t made for that much time automatically makes it dubious. It places the accused in an impossible position; evidence has evaporated, and memories have faded. There are many reasons to lie. To get publicity, To get revenge for some real or imagined slight. To bring down someone famous or powerful. To join a mob—and regardless of the fact that the post-Weinstein focus on legitimate sexual misconduct in the workplace has created needed awareness and exposed long-time abusers, it is a mob, with all of the capacity a mob has to harm the innocent in its self-righteousness. You are playing to the mob right now, and willing to unjustly smear me to do it. You’re a disgrace.”

John Ziegler quoted a Hollywood writer who knows Hoffman and is convinced he is innocent, who said,

“Someone should tell John Oliver he’s the true heir to Joe McCarthy!Sex abuse baiting has replaced red-baiting. The ‘Sexual Blacklist’ reigns supreme. Guilty until ruined!”

Let me also remind readers that my hypothetical illustrating how a woman might retroactively decide that what she did not regard as sexual harassment years ago was harassment now was mocked by both the moderator and a Georgetown law professor during the NPR panel I participated in last week.

I am right, they are biased.

The more I think about that exchange, the more ticked off I get….

 

The Nauseating Hypocrisy Of Gloria Steinem

/ Jack Marshall / 18 Comments

Gloria Steinem + Bill Clinton+ Monica Lewinsky=Sauce Bearnaise, at least to me.

When I read that Gloria Steinem had boarded the Harvey Weinstein Ethics Train Wreck —which she had helped start rolling when she tossed her alleged principles into the crapper to make excuses for Bill Clinton ; my favorite was when she shuffled off her previous position on inequalities of power making genuine consent impossible to say that every boss has a right to hit on a female subordinate once—I really didn’t want to revisit the topic. Her defense of Clinton during the Lewinsky scandal almost literally made me ill, and you know how Sauce Bearnaise syndrome works. (Don’t you?)

The aging feminist icon told The Guardian that she would not write the infamous May 22, 1998 New York Times column today, but that she does not regret writing the column then, because “What you write in one decade you don’t necessarily write in the next. But I’m glad I wrote it in that decade.” Translation: Outrageous hypocrisy you can get away with in one decade won’t always fly later.

Especially when it enabled two decades of sexual harassers, abusers and rapists with power who brutalized countless women, right, Gloria?

But Gloria’s credentials as an ethics corrupter needs to be renewed, and I am grateful to Jonathan Turley for taking the time when my queasy stomach couldn’t handle it. I couldn’t say it any better than the professor, who wrote in a blog post today (read the whole thing, here): Continue reading →

Your Boss Asks If You Have Prayed About A Work-Related Matter…What Is The Ethical Response?

/ Jack Marshall / 22 Comments

This question was asked of the New York Times’ “Workologist” (It’s stuff like this that keeps me subscribed despite the paper’s disgraceful partisan bias and unocnscionable manipulation of the news):

I recently had a manager ask me if I have “prayed about” a particular situation at the office… this statement crossed a personal line with me. I am very private about my religious life. Do you have any recommendations on how I could handle this?

The question immediately reminded me of “Breach,” the film about the capture of spy Robert Hannsen (Chris Cooper), who was always urging his clerk (actually the undercover FBO agent recruited to unmask him) to pray. The “Workologist” (Rob Walker) begins by pointing out the obvious: a boss can’t demand that you pray, or fire you for refusing to. Then he adds,

Your manager can’t discriminate against you on the basis of religion, but your company can’t discriminate against him, either — by, say, forbidding him to ever mention prayer. In general, companies are supposed to make an effort to accommodate the religious practices of employees, although this can be weighed against the potential burden on the employer…Faith-related workplace conflicts and litigation have become more common in recent years. So it might be better to think about this incident in the broader context of personal expression and identity…

your best move is to make your own boundaries clear — yet also try to avoid an outright conflict. The fact that you already consider him your “worst manager” might make that difficult. But simply declaring his question inappropriate or offensive won’t help.

Instead, try something like “Well, I’ve thought about it,” and either leave it there or, if that doesn’t seem to connect, add something like “But I’m not comfortable talking about what I do or don’t pray about.” This should be delivered in a friendly-to-neutral tone. You’re not making any judgments — and neither should he.

I find that approach cowardly and dishonest. Continue reading →

Morning Ethics Warm-Up, 12/4/17: Jailed For Profanity, Busted For Homophobia, Condemned For A Settlement

/ Jack Marshall / 10 Comments

Good morning…

1  This is weird…The Wisconsin Supreme Court has upheld a mother’s conviction for swearing at her son. Ginger Breitzman had been found guilty of child abuse, including one count was for profanely berating and insulting her 14-year-old son after he burned some popcorn. The boy had been talking to a friend at the time, who heard the tirade over the phone and reported it. The mother was sentenced to six months in jail. Apparently the First Amendment was  never raised as a defense, and an issue is whether it should have been and had to be.

I don’t see how a parent or anyone can be convicted of a crime based on the content of her speech, especially private speech, but it is a gray area in ten context of child abuse. In sexual harassment,  the content of one’s speech can create a hostile work environment, but the civil violation is for the act of creating the hostility, not the speech itself. In many cases, that’s a distinction without a difference, though. A supervisor using the term “cunt” in the workplace is probably harassment, no matter how or to whom he uses it.

Check the link and the mother’s mug shot. I wouldn’t want to have her mad at me…

2. Joy Reid being hateful? I’m shocked—shocked! MSNBC’s serial race-baiting, hate-spewing host Joy Reid found herself huminahumina-ing after someone tracked down her old blog and found multiple examples of gay-bashing on it.  Notably, she mocked GOP Florida Governor Charlie Criss, a married man who has been rumored to be a closeted gay, as “Miss Charlie.” What do you think of her apology?

This note is my apology to all who are disappointed by the content of blogs I wrote a decade ago, for which my choice of words and tone have legitimately been criticized.As a writer, I pride myself on a facility with language — an economy of words or at least some wisdom in the selection. However, that clearly has not always been the case.In 2007 I was a morning talk radio host and blogger, writing about Florida politics (a blog I maintained until 2011.) Among the frequent subjects of my posts was then-governor Charlie Crist, at the time a conservative Republican, whose positions on issues like gay marriage and adoption by same-sex couples in Florida shared headlines with widely rumored reports that he was hiding his sexual orientation. Those reports were the subject of lots of scrutiny: by LGBTQ bloggers, writers and journalists, conservative blogs, a controversial documentary film called “Outrage,” and even by the comedic writers at South Park. But it was my own attempt at challenging Crist on my blog that has now raised the issue of not just my choice of words, but what was and is in my heart.

Let me be clear: at no time have I intentionally sought to demean or harm the LGBT community, which includes people whom I deeply love. My goal, in my ham-handed way, was to call out potential hypocrisy. Nonetheless, as someone who is not a member of the LGBT community, I regret the way I addressed the complex issue of the closet and speculation on a person’s sexual orientation with a mocking tone and sarcasm. It was insensitive, tone-deaf and dumb. There is no excusing it – not based on the taste-skewing mores of talk radio or the then-blogosphere, and not based on my intentions.

In addition to friends and coworkers and viewers, I deeply apologize to Congressman Crist, who was the target of my thoughtlessness. My critique of anti-LGBT positions he once held but has since abandoned was legitimate in my view. My means of critiquing were not. In the years since I went from blogger to opinion journalist, I have also learned, through brilliant friends and allies in the LGBT activist community, how to better frame my critiques of those who challenge people’s right to love who they want, marry them, and walk in the world as fully free people.

Re-reading those old blog posts, I am disappointed in myself. I apologize to those who also are disappointed in me. Life can be humbling. It often is. But I hope that you know where my heart is, and that I will always strive to use my words for good. I know better and I will do better.

It’s not terrible. I’ll give her a #6 on the Apology Scale: ” A forced or compelled [apology], when the individual (or organization) apologizing knows that an apology is appropriate but would have avoided making one if he or she could have gotten away with it.” I doubt that it’s sincere, because of lots of clues in the text. She says she deeply apologizes to Christ, then says her criticism was legitimate. She was presuming hypocrisy on the basis of rumors: how is that legitimate? She sucks up to the LGBT community; she says that at “no time have I intentionally sought to demean or harm the LGBT community,” when her rhetoric obviously was intended to demean Crist based on his presumed homosexuality; she sneaks in an “everybody was doing it” excuse. Continue reading →

Morning Ethics Warm-Up, 12/2/17: Hackers, My NPR Panel, An Unethical Journalist Actually Faces Consequences, And God Bless Us, Everyone!

/ Jack Marshall / 12 Comments

 

GOOD MORNING!!!

1  Actually, it’s a terrible morning. I began what has really been a hideous morning at 5 a.m. with a hacking alert on my computer. I eventually, with the help of some technicians, identified the usernames of 27 hackers who were accessing my data, apparently.

I should have written this before, I guess, but hackers, all of them, every single one no matter what their motives or what they do, are the scum of the earth, ethical black pits, and blight on civilization. Yet the popular culture loves them. There are young hackers, male, female, black, white, Asian, Indian and Hispanic, handicapped hackers…no old hackers,of every type all over the TV fare, usually as part of the heroic team on procedurals. (There are no old hackers.) What power they have! How smart they are! Often they are ex-criminals, who managed to acquire an exciting, lucrative job by displaying their hacking skills to law enforcement in the course of committing crimes. Usually, they are the funny members of the team, or the cute, like Matthew Broderick in “Wargames.” No wonder our young see these shows and think hacking is cool. In “Jurassic Park,” Lexi, the young girl who almost gets her feet bitten off by a raptor, proudly calls herself a hacker.

“Hacker” means asshole, kid.

And I was rooting for the raptor.

2. Marley was dead. One of these days I will have to do an overview of the links to your left. They are there for their value in stimulating ethical thought and discussion, not because some asked for a link exchange. Under the “Inspiration” category—you have to scroll down to see it—is “A Christmas Carol” by Charles Dickens, arguably the best and most accessible ethics story ever written. I have directed four staged readings of the classic and three “radio” versions through the years, and I don’t know a better way to get into the proper frame of mind—an ethical one– for the holiday season.

Last night I watched actor Paul Morella perform his one man “Christmas Carol” at the Olney Theater in Maryland. Paul is a long-time friend and collaborator: he has been playing Clarence Darrow in a one-man show we created together for 17 years, and we launched a continuing legal education seminar about Darrow’s legal ethics at the D.C. Bar this year. If you live in the D.C. Metropolitan area, I can not recommend the Olney show to you more enthusiastically. As Paul points out in his notes, this is how Charles Dickens himself presented the story in front of Victorian audiences, and he did not have the benefit of the evocative sound and light effects Paul employs. Charles was also not in Paul’s league as actor, I bet.

3. One down, 102, 568 to go… Brian Ross went live on ABC last week and announced  the fake news story that then-candidate Donald Trump had instructed Michael Flynn to make contact with the Russians, thus triggering a massive stock market sell-off. Seven hours later, ABC sheepishly admitted that it was President-elect”Trump who had made the request of Flynn.  ABC News  announced last night that  Ross would be suspended for four weeks without pay. Said the Disney-owned network:

“It is vital we get the story right and retain the trust we have built with our audience – these are our core principles. We fell far short of that yesterday. Effective immediately, Brian Ross will be suspended for four weeks without pay.”

Observations:

  • Good.

It would be very good if this became the routine response when a mainstream media reporter misinformed the public through bias, negligence or incompetence.

  • Raise your hand if you think that this action only occurred because the Dow Jones crashed.

My hand is up.

  • “Retain the trust we have built with our audience…” What trust? Anyone who trusts the news media after the past two years, not to mention the past ten, is foolish, gullible, or a Democrat.

4. A pause for levity since I am so upset…Here is the Celebrity Perv Apology Generator.  This “guide for new celebrities” is also mordantly amusing, on the same topic. Continue reading →