Statue Ethics Stand-Off: “Charging Bull” vs. “Fearless Girl”

/ Jack Marshall / 52 Comments

The Wall Street art ethics controversy pitting a nearly 30-year-old sculpture of an angry bull against the upstart statue of a defiant little girl has fascinating cultural implications. The ethical solution to the confrontation are simple and undeniable, however, though the legal issues a bit less so. “Fearless Girl” has got to go.

Arturo Di Modica created “Charging Bull” in response to stock market travails during the late 1980s. The three-and-a-half-ton sculpture was placed near Wall Street in the dead of night,  and was embraced by the financial ditrict and New Yorkers as iconic public art. The artist copyrighted and trademarked his work, which he has said was meant to symbolize “freedom in the world, peace, strength, power and love.”

I don’t get the love part, but okay: the point is that the bull is a positive metaphor, not a sinister one.

The “Fearless Girl” statue was positioned this year, the night before International Women’s Day, in a direct stand-off with the bull. It had been commissioned by State Street Global Advisors, a financial firm based in Boston, as a public relations and advertising move and classic virtue signalling. State Street Global’s home page trumpets the new statue’s message of “the power of women in leadership” and uses it to urge “greater gender diversity on corporate boards.” The metal girl’s  cynical and self-serving origins don’t seem to bother the work’s fans though.

The problem is that the message of “Fearless Girl” requires the participation of the bull to make any sense and to have any power at all. Otherwise, it might as well be Pippi Longstocking.  In essence, the new statue appropriates Di Modica’s work, and violently alters it. The artist is a furious as a charging bull that what he intended as a symbol of capitalist power and national vigor has been transformed into a sexist representation of male domination. Di Modica and his lawyers demand that the statue be moved away from its bull-baiting position, arguing that State Street Global commissioned “Fearless Girl” as a site-specific work conceived with “Charging Bull” in mind. It thus illegally commercialized  Di Modica’s statue in violation of the artist’s intent and copyright. They also claim that the city  violated the artist’s  legal rights by issuing permits allowing the four-foot-tall tyke to face off with the bronze bull without the artist’s permission. Letters to the Mayor DiBlasio, Ronald P. O’Hanley, the president and chief executive of State Street Global; and Harris Diamond, the chairman and chief executive of McCann Worldgroup, State Street Global’s marketing agency demand the removal of “Fearless Girl” forthwith.

Ethically, “Fearless Girl” doesn’t have a leg to stand on. Continue reading →

Ethics Quote Of The Week: Seattle Seahawks Defensive End Michael Bennett

/ Jack Marshall / 33 Comments

“Of course I think he’s been blackballed, obviously. Maybe the players agree that there’s a place for politics in sports, but I don’t think the teams, or the organization, or even the fans believe there’s a place for politics in sports. I think people want you to do your job and shut up — score a touchdown, dunk a basketball, hit a home run and call it a day. We’ll buy your jersey, and that’s it.”

—-Seattle Seahawks defensive end Michael Bennett, speaking about the current fate of ex-NFL quarterback Colin Kaepernick, who remains unsigned after spending much of last season refusing to stand for the National Anthem because the United States “oppresses black people and people of color.”  Bennett’s comments came during an event at the artsy social justice warrior hang-out Busboys and Poets in Washington, D.C.

It’s an admittedly perverse selection for the ethics quote designation, since Bennett meant the statement as criticism. He went on to say that he endorses professional athletes taking pubic stands on social issues to “inspire others” to engage in  mass action and demonstration. The 31-year-old defensive end, who makes about 10 million dollars a year, drew attention to himself in February when he opted out of an Israeli-government-sponsored trip to register his pro-Palestinian views, as if he actually knows enough the 80-year-old conflict to intelligently protest anything. This is about par for the course in the field of professional athlete off-the-field grandstanding.

Bennett was correct in his rueful description of the state of the culture, however. There is no place for politics in sport. Sport is entertainment, and fans follow sports to escape real world problems, not to be lectured on them by pseudo-educated celebrities with neither the training, skills or expertise to justify the giant megaphone celebrity affords them. Kaepernick’s stunt created a media circus around his struggling team, the San Francisco 49’ers, distracted its management fans and players, and cost the NFL viewers and advertising revenues. Since he was unable to articulate an intelligent rationale for his protest, it was also useless. Naturally, Kaepernick was cheered by the Left, and defended by many journalists as well as athletes who think their physical gifts should entitle them to social influence they don’t deserve. Continue reading →

From The “Saint’s Excuse” Files:The Catholic Church, Penn State, and Now Choate…What Have We Learned?

/ Jack Marshall / 18 Comments

Protect the hive. Always protect the hive…

The renowned private boarding school school Choate Rosemary Hall, alma mater of such luminaries as John Dos Passos, Edward Albee, Glenn Close, multiple Kennedys and dozens more of the rich, famous and powerful, , just revealed that at least twelve former teachers had sexually molested, and in one case, raped, students without the crimes being reported to police. The pattern continued over decades. In some cases, teachers were allowed to resign after being confronted with evidence of abuse, and administrators wrote still letters of recommendations for them after they were fired. The predators then went to other schools, sometimes in positions of power and authority.

After the similar institutional conduct revealed by the Catholic Church and Penn State, does anyone believe that this is a rare occurrence in institution, including the most prestigious—and virtuous!—ones? The lesson is that established, powerful, iconic institutions are programmed to protect themselves above others, and regard their own missions and continued vitality more precious than any single individual, even a child.

Revisiting one of the most important of the Ethics Alarms’ 92 rationalizations:

13. The Saint’s Excuse: “It’s for a good cause”

This rationalization has probably caused more death and human suffering than any other. The words “it’s for a good cause” have been used to justify all sorts of lies, scams and mayhem. It is the downfall of the zealot, the true believer, and the passionate advocate that almost any action that supports “the Cause,’ whether it be liberty, religion, charity, or curing a plague, is seen as being justified by the inherent rightness of the ultimate goal. Thus Catholic Bishops protected child-molesting priests to protect the Church, and the American Red Cross used deceptive promotions to swell its blood supplies after the September 11, 2001 attacks. The Saint’s Excuse  allows charities to strong-arm contributors, and advocacy groups to use lies and innuendo to savage ideological opponents. The Saint’s Excuse is that the ends justify the means, because the “saint” has decided that the ends are worth any price—especially when that price will have to be paid by someone else.

Continue reading →

Dear Madison Ave: As Long As TV Commercials Keep Getting More Gratuitously Vulgar, Ethics Alarms Will Keep Objecting To Them. I’m Sure You Are Trembling In Fear.

/ Jack Marshall / 39 Comments

It is tragically clear now that Madison Avenue has decided there is a cultural consensus that it is incredibly funny to imply vulgar words and make sexual allusions in TV commercials. Objections to this as juvenile, culturally degrading and gratuitous from this quarter have no effect, accept to attract the usual “lighten up” comments from applauding vulgarians. Well, I don’t care. Ethics Alarms will keep pointing out what wrong anyway. You want a President who boasts about the size of his penis during a debate? THIS is how you get a President who boasts about the size of his penis during a debate. You want a President who uses  a menstrual reference to  attack a female journalist? This is how you get that too.

The only satisfaction, I suppose, is the same uncivil vulgarians who most object to the results of this cultural pollution are also the ones sending the “lighten up” comments.

Since August of last year, the Kraft Heinz Company’s newest frozen meals brand, Devour, has been advertising its products with a TV ad in which a boss catches  his employee becoming sexually aroused by his lunch,  to  which he applies a sexy spank with his fork. The ad’s tagline: “Food You Want to Fork.”

Nice.

Kraft says the ad is aimed at men aged 25-35, so I guess that’s okay then. Everyone knows that demographic is made up of assholes—is that the theory?—and the best way to please them is to make the kind of juvenile sexual innuendo that we had in naughty songs like “Shaving Cream” about when I was 12. It’s so hilarious when people use a word that sounds like a dirty word in a context where it is obviously intentional, but don’t really say the word, because, see, its, like, not polite.  Got it. My sides are splitting. Continue reading →

Arrgh! They Made Me Defend Sean Spicer!

/ Jack Marshall / 17 Comments

Yes, he’s an idiot. Still...

The latest Sean Spicer controversy was so, so stupid that I swore—swore I tell you!—that I would not lower myself to write about it.

The Trump Administration spokesman, making the dumb assertion that Assad is even worse than Hitler because Hitler “didn’t even sink to using chemical weapons,” was absurdly—gleefully?— attacked as a Holocaust denier.ThnkProgress, which I am going to have to place on my “never trust these hacks” list, wrote that Spicer “argued that the Nazis never used chemical weapons during the Holocaust,” which is a lie, flat out. Spicer didn’t mention the Holocaust at all. Then The Anne Frank Center for Mutual Respect released a statement saying,

“On Passover no less, Sean Spicer has engaged in Holocaust denial, the most offensive form of fake news imaginable, by denying Hitler gassed millions of Jews to death.”

This is perhaps not quite a lie, since the combination of confirmation bias and paranoia could make this organization see Holocaust denial behind every rock, but it is no less ridiculous, inflammatory and unfair. Then some of my 2016 election-deranged friends—I now picture them wrapped in tin foil, wearing Groucho glasses and spreading DDT around as they sit cross-legged in a teepee with a flaming penguin on their heads—began citing the Anne Frank Center slander with approval, and garnishing likes from a lot of people who I usually like and who once had brains larger than marbles.

So now I have to defend Sean Spicer. Yecchh.

Observations:

1. Everyone is calling for Trump to fire Spicer. Of course he should fire Spicer. He should have fired Spicer  months ago. Sean Spicer is incompetent, bumbling, inarticulate and gaffe prone. He is even more incompetent, bumbling, inarticulate and gaffe prone than Robert Gibbs, who was the most incompetent, bumbling, inarticulate and gaffe prone press secretary I ever had the pain of watching. (Obama’s subsequent press secretaries were just liars.). Spicer is much worse than Gibbs, though he doesn’t say uh-uh-un-um-um-um as much. I wish he would: they would be an improvement over what he does say. Spicer looks stupid and sounds stupid, so he represents the President and his entire administration as stupid WHICH THEY MIGHT BE, but his job is to place both in the best light possible. He does the opposite. This Hitler botch was just the most recent example.

2. Trump promised to appoint and hire “the best people,” so having one of the worst people imaginable representing his Presidency to the news media and the public leaves “incompetent” in the dust as “suicidal” takes over. This is especially true since the President knows that the news media is actively hostile to his leadership and is actively allied with the Democrats to bring him down and cancel out that damned election by any means possible. Trump’s situation screams out for a spokesman with the credibility, suave and wit of the late Tony Snow or the fierce intellect and articulateness of the very much alive Laura Ingraham. The fact that Trump can’t see that, and that his advisors haven’t threatened to walk out and join an anti-Trump rally if he refused to fire this clod and send him back to the Budget car rental desk or wherever he came from is really ominous. If “best people” means people like Spicer…well, I don’t like to think about it. And if the “You’re fired!” executive won’t fire someone who performs as horribly as him, who will he fire?

3. The Hitler statement was, no question, idiotic. At best, it was the most egregiously warped use of Rationalization # 32. The Unethical Role Model imaginable: Spicer was really saying, “why couldn’t Assad be more like Hitler?”! At worst, it  was like walking into the buzz-saw of the Trump-hate narrative that the President and his team are virtual Nazis and secret anti-Semites. It was so dumb that the fact that Spicer didn’t physically try to stuff the words back into his mouth as they started coming out is signature significance that the man belongs in a home. Continue reading →

Comment Of The Day (2): “A Definitive Tome About Pit Bulls, Which The Breed Bigots Will Ignore, Naturally”

/ Jack Marshall / 9 Comments

No, this isn’t my sister’s Havanese, but you get the idea…

“There are two kinds of people…” and one of the most undeniable ways to finish this much-worn sentence is “those who understand dogs and those who don’t.” To understand them is to marvel at them, cherish them, and love them. Not to understand them, as an astounding number of humans do, is to live in ignorance and fear, and to miss out on one of the mystical joys of life: bonding with an animal.

I never fully appreciated this until my younger sister under went a rare midlife conversion, changing sides from the canine-phobic to the dog-allied.  Divorced, she was faced with an empty nest, and though she had always emulated my mother, who had nothing but contempt for dogs (cats too), decided that she could not bear returning to a house with no one to express joy that she had returned.

My wife, who had witnessed  my sister’s callous treatment of our dogs, who were greatly insulted, was dubious, and was certain her new companion, an abusrdly cute, cheerful, silly, dumb as a brick Havanese named “Elphie,” would be neglected. She has never been happier to be wrong.

My sister’s entire attitude has changed, not merely toward dogs, but toward the whole of humanity and the world. She is happier, friendlier, more resilient and less anxious. She has fearlessly assisted a huge lost wolf hybrid; she has guided a wandering Great Dane home; she lets pit bulls leap up to lick her. Now she complains that she missed so many years of interaction with what she has learned are fascinating, empathetic, loving creatures with individual personalities and the ability to surprise and delight every single day.

I thought of my sister as I read Lisa Weber’s Comment of the Day on the most recent Ethics Alarms post about the other side. Here it is:

A dog’s heart is cooperation over competition. Here in SoCal the shelters are full of Pitties and Chi’s and their mixes. I blame greedy ignorant breeders, a throw away society that thinks nothing of getting rid of dogs that become an inconvenience, and a lazy society that won’t put the effort and time into researching before acquiring, socializing and training….but still wants a puppy over an adult dog…

I sit at my desk, typing this listening to the soft snores of the dogs at my feet. All 16 of them. Yesterday there were 17. I had to help one old fellow shuffle off the mortal coil yesterday. Some asshole dumped him and his elderly lady friend at the shelter, claiming they “found them running stray”. Because they were “stray” the shelter by law had to hold them 5 days for their owner to reclaim them, which never happened. See in our state, it costs $80 to surrender your dog, but to drop off a stray is free. Hence we get a lot of strays that certainly weren’t stray.

The little old pug dogs, Monty and Matilda, sat on the cold, cement floor of a kennel terrified for 5 days before I could be allowed to get them. By then they both had caught kennel cough and an intestinal bug. Matilda has a collapsing trachea, and her kennel cough quickly turned to pneumonia. I had to put her in my ICU cage on oxygen twice to save her life. She is recovering now, but still doesn’t want to eat much. Her boyfriend Monty had bizarrely abnormal x-rays and an ultrasound revealed a huge tumor on his liver which was displacing his other organs. I had him just two weeks before having to let him go. At least he died warm and loved with gentle hands and the tears of someone who loved him on his coat instead of on the cold cement with a heart stick. That is how he would have died if I didn’t intervene. Both of them little old balls of furry love. How can humans fail their oldest companions so completely?

Continue reading →

Ethics Hero Emeritus: Eugene M. Lang

/ Jack Marshall / 6 Comments

A kind, courageous Ethics Hero died last week. To my shame, I had never heard of him. In 1996, President Clinton awarded him the Presidential Medal of Freedom, but that award has been so degraded and politicized that I no longer pay much attention to it. My mistake: in this case, the award was well-earned.

Eugene M. Lang was born poor and became  a successful and wealthy  investor. In 1981, he was invited to deliver a commencement address to 61 New Your City sixth graders at Public School 121, his alma mater.  “I looked out at that audience of almost entirely black and Hispanic students, wondering what to say to them,” he recalled years later. “It dawned on me that the commencement banalities I planned were completely irrelevant…So I began by telling them that one of my most memorable experiences was Martin Luther King’s ‘I Have a Dream’ speech, and that everyone should have a dream.”

Then, in a flash of inspiration, he decided on the spot to tell them that he would give a scholarship to every student in the class who was admitted to a four-year college.

That impulsive promise led to his establishment of the I Have a Dream Foundation, with an office in Manhattan. Lang hired a project coordinator and established a year-round program of academic support including mentoring and tutoring as well as sponsored cultural and recreational outings. In the meantime, he virtually adopted that 6th grade class, taking them on trips and restaurants, and personally counseling them through personal travails as well as school problems, often intervening with school officials on their behalf. By the time Eugene Lang died at age 98,  his dedication had changed the lives of more than 16,000 at-risk children nationwide.

Lang said the he knew, when he made his pledge to those 11 and 12-year olds, that giving poor and  troubled children money for an education would not ensure their success. He knew many would succumb to the cycle of poverty,  drugs, jail and irresponsible parenthood.  “When I made the original promise, the principal told me that maybe one or two students would take advantage of my offer,” he told  one interviewer. That’s why he dedicated himself to doing more.

Continue reading →

Comment Of The Day (1): “Thank The U.S. Women’s Soccer Team For Illuminating The Muddled Ethics Of Wage Gap Arguments In Women’s Professional Sports”

/ Jack Marshall / 31 Comments

I’m not sure this photo fits exactly, but I’ve been dying to use it for years, so what the heck…

Are women inherently worth as a much as their male counterparts in similar or the same jobs?

Here is reader slickwilly’s Comment of the Day on yesterday’s post, “Thank The U.S. Women’s Soccer Team For Illuminating The Muddled Ethics Of Wage Gap Arguments In Women’s Professional Sports”:

This is rich… equal pay for an equal job… when the job (and skills) are equal.

Years (decades) ago, I was a trainee engineer for a large company. Part of the job was installation of large racks of equipment involving a fully stocked tool box, weighing between 35 and 50 pounds.

Many of the buildings we installed in did not have elevators, so you carried tools and supplies up flights of stairs.

Another trainee was a slip of a girl, likely 125 lbs soaking wet. She was good once on site, but could not carry her own toolbox up a single flight of stairs, or help when major upper body strength was needed to move equipment into position. Yet she got the same pay and incentives the guys did, for less work (she sat around while the guys lugged stuff up the stairs.) There was no offsetting brilliance that compensated for her lack: just plain competent work when she could perform it. Don’t think the guys did not grumble about doing her work in addition to theirs!

To add insult to injury, she was promoted out of the field first because a)she was black; b) she was a she; and c) the work supervisors wanted a stronger person working the jobs (they did not get extra time to do the job when she was on the crew, either) and could not fire her because of the optics of a) and b). This was a corrupt form of the Peter principle, and my first exposure to such.

Another take: in the Army, each person in a platoon must carry his weight and be able to carry a wounded teammate to safety… unless that person was female. Females could not carry their own equipment, depending on their role, and most likely could not carry a man out of battle. And the standards by which they are judges are not the same. You must be able to pass a fitness test of a certain number of push ups, sit ups, and be able to run two miles under a certain time. This scale slides down by age (an 18 year old must do more than a 35 year old to pass, and rightly so) but the scale is significantly reduced for a female soldier. So a female might be able to do 12 push ups, but get a higher test score for those than an 18 year old who could do 40 push ups)

Continue reading →

More Ethics Observations On The United Flight 3411 Ethics Train Wreck

/ Jack Marshall / 39 Comments

Yes, Ethics Alarms was able to find a photo of an actual plane-train wreck.

Observation 1.

This was all due to moral luck

If  four passengers had taken the United offer to surrender their seats, or if the passenger selected by the agent had complied, grumbling quietly, we would neither know about this horrific episode nor would anyone be talking about it. Yet the United employees would still have lied, and would still have abused United customers. They just didn’t get away with it, that’s all. They were unlucky.

Good.

Observation II

NOW passengers are informed.

Fine print is technical disclosure, but especially in the era of electronic ticketing, not actual or ethical disclosure. Before this episode, most flyers didn’t know what they had agreed to regarding overbooking, nor were they even aware that there was such a thing as “involuntary bumping” A lot more are aware now. From travel site One Mile At A Time:

When an airline knows that a flight is likely to be oversold, they’re required to solicit volunteers. Sometimes airlines will ask at check-in, and other times they’ll ask at the gate. When it comes to a voluntary denied boarding there are no regulations as to what you get….

When airlines can’t find volunteers and still have more passengers than seats, they need to involuntarily deny people boarding. Every airline has a clause in their contract of carriage allowing them to do this. Furthermore, airlines all have procedures they use for determining who gets bumped. Some airlines bump the people who don’t have seat assignments. Other airlines decide based on who checked in last. Others decide based on status and the booking class you have.

Do note that the number of passengers being involuntarily denied boarding was at a 20 year low in 2016. Out of roughly 660 million passengers last year, only 40,000 were involuntarily denied boarding, which is roughly 0.6 involuntary denied boardings per 10,000 seats.

If you’re involuntarily denied boarding, the Department of Transportation regulates what you’re entitled to. Here are the rules, as published by the DOT:

  • If you are bumped involuntarily and the airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one hour of your original scheduled arrival time, there is no compensation.
  • If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to 200% of your one-way fare to your final destination that day, with a $675 maximum.
  • If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (400% of your one-way fare, $1350 maximum).
  • If your ticket does not show a fare (for example, a frequent-flyer award ticket or a ticket issued by a consolidator), your denied boarding compensation is based on the lowest cash, check or credit card payment charged for a ticket in the same class of service (e.g., coach, first class) on that flight.
  • You always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an “involuntary refund” for the ticket for the flight you were bumped from. The denied boarding compensation is essentially a payment for your inconvenience.
  • If you paid for optional services on your original flight (e.g., seat selection, checked baggage) and you did not receive those services on your substitute flight or were required to pay a second time, the airline that bumped you must refund those payments to you.

As you can see, in many cases you’re entitled to a sizable cash payment, up to $1,350. However, here’s the dirty secret of the airlines. In a vast majority of cases they’ll only offer cash compensation if you specifically ask for it. Otherwise they’ll offer you the same voucher they gave anyone who was voluntarily denied boarding.

Note, however, that none of this involves taking people who have already been seated off of the plane. That’s because bumping doesn’t work that way, and also because the United flight in question wasn’t overbooked, as discussed below. Continue reading →

A Definitive Tome About Pit Bulls, Which The Breed Bigots Will Ignore, Naturally

/ Jack Marshall / 19 Comments

“I’m just a dog, sitting in front of a human, asking him to love her.”

Among the posts on Ethics Alarms that still get comments regularly long after they were written is the 2015 designation of Dogsbite.org as an Unethical Website of the Month. That site is a pit bull hate nest, notable for its bad science, bad history, bad logic and hysteria. Even though the Ethics Alarms post and previous ones here explain in  detail why the propaganda on Dogsbite.org is wrong, makes so sense, is pure fearmongering  and does terrible harm, people keep writing in to Ethics Alarms, citing the same false statistics, the same debunked facts, and the same lies that too many municipalities have used to ban many dog breeds and mixes, essentially for looking like what people think are pit bulls. I don’t know that there is any other topic where the commenters are so immune to fairness and reason.

Well, other than the President, of course.

Now  award-winning journalist Bronwen Dickey has written  Pit Bull: The Battle Over an American Icon , which just came out in paperback on April 4. Her goal was to take as objective and analytical look at the breed (and breeds) as possible, using genetic science, research, expert testimony and reliable data, neither sentimentalizing the dogs nor demonizing them. Dickey’s  conclusion, already obvious to anyone who has had prolonged or extensive contact with them: Pit bulls are just dogs.

The author was recently interviewed in New York Magazine, which couldn’t resist adding a misleading title to the feature: “How Both Sides of the Pit Bull Debate Get It Wrong.” Talk about false equivalency: one “side” believes the dogs are demonic killers that should be wiped off the face of the earth, and the other mistakenly says they were “Nanny dogs,” when they were just called “the Nanny Dog.” See? Both ides are wrong!

There are no sides. Pit bull phobics are driven by fear and ignorance, while those who understand dogs try to mitigate the harm their lies do to families and animals

Bronwen Dickey would be in the latter category. I note that she owns a pit bull. She knows what she’s writing about. The hysterics will say she’s biased.

Tidbits from the interview, in which she comments on some of her findings… Continue reading →