The Great “Gotcha!”: Walmart Exposed As The Cynical Corporate Hypocrite It Is

ISIS-Cake

I don’t generally approve of “gotchas,” but you have to love this.

After Walmart’s CEO piously announced that his chain aims to never offend a single customer and was thus banning everything with a Confederate flag in it, on it, or around it, Chuck Netzhammer went to a Walmart in Louisiana and requested a cake decorated with the taboo flag’s image. He was refused. Then he asked to have a cake decorated with the ISIS battle flag. Walmart happily obliged! After all, who’s offended by ISIS?

Netzhammer then posted a video memorializing Walmart’s hypocrisy, saying on it that the Islamic State “is beheading Christians, selling little girls into slavery and is currently a terrorist org at war with the United States — but you can’t buy the General Lee toy car …?”

Yup, that’s about the size of it. Continue reading →

#freebree = Lawlessness, Vigilantism And Hypocrisy

"let's run her up the flagpole and see if anyone salutes!"

“Let’s run her up the flagpole and see if anyone salutes!”

Various anti-gay marriage zealots vowing to defy the Supreme Court and the law of the land are un-American and wrong, but a woman who decides to unilaterally make a decision that only the elected representatives of the citizens of South Carolina are authorized to make is a hero. Such is the muddled state of thought, ethics and civics among America’s progressives. Disobey the laws you don’t like, condemn the character of those who disobey the laws you favor. No integrity, no principles, no responsibility, no coherence, just grandstanding and anarchy, aimed at cheering ideologues incapable of proportion or restraint. This is an ethics vacuum masquerading as virtue.

“Bree,” which is what pole-climbing flag-grabber Brittany Ann Byuarim Newsome calls herself, is under arrest, as she should be, charged with defacing a monument and facing a fine. Good. She deserves one, and no accolades whatsoever. The Confederate flag is already under siege and on the verge of a permanent cultural taboo. Her actions would have constituted genuine civil disobedience and courage had it come before the flag was magically assigned blame for the murder of nine Charleston African Americans, to call attention to its symbolic defiance of civil rights. Coming now, Bree’s stunt is just  self-promoting vigilante theater, seeking and receiving support from the likes of Michael Moore.

There was nothing brave, productive or necessary about the flag stunt. The was a lot wrong about its message: don’t wait for the government process to work, don’t allow democracy and civil discourse to prevail, just unilaterally do what you “know” is right, and let the “ends justify the means” embracing mob celebrate. No doubt, this is the anti-Constitutional attitude the President has encouraged, but it recklessly risks fraying the seams of our democratic government, and erodes the rule of law. Continue reading →

Ethics Observations On The King v. Burwell and Obergefell v. Hodges Decisions And Their Aftermath

supreme-court

 Obergefell v. Hodges, in which the Supreme Court considered whether states had to recognize a right to same-sex marriages, and King v. Burwell, in which the Court was called upon to clarify some incompetent drafting in the Affordable Care Act, could not be more dissimilar in terms of issues, topics, and significance. Nonetheless, because the two decisions involved hot political issues and arrived on consecutive days, and because they ended up favoring the positions that Democratic and progressive partisans support, they have been conglomerated in public discourse to fit several general themes, all, to varying degrees, misleading, simplistic, and biased. The decisions have also launched some of the most hysterical and embarrassing commentary in recent memory.

Some ethics, as opposed to legal, observations:

1. Anyone who hasn’t read the majority opinions and the dissents, who just skimmed them—believe me, if law school taught me anything, it taught me that skimming court opinions was a sure road to error and humiliation—or who read them but could not understand them, should be ignored, and perhaps gently mocked, for expressing any view at all about whether the decisions were the “right” ones. Quite simply, such people are not qualified to hold an opinion. They can have, and express, an opinion regarding whether the Court’s calls on Burwell or Obergefell are consistent with their own needs, desires, belief or political orientation, but they have no basis for asserting that either decision is wrong, or, right, on the law.

2. One can find it troubling and ominous, as I do, that the votes on the two cases were as predictable as they were. Objective legal scholars with integrity should be capable of ruling in ways that are not congruent with the personal political philosophies. A Democratic Presidential appointee who favors expansive government activity in health care control should be able to look at a statute designed to accomplish that purpose and still conclude, “Nope, the law mean what they want it to mean,” or “Sorry, the damn thing is unconstitutional.” Similarly, we should be able to trust a politically conservative justice to examine a statute that he objects to on principle and still conclude, “Yup, it passes the test.” Maybe all the Justices are capable of meeting this standard, but these two cases don’t suggest that. They suggest the opposite. Continue reading →

“Everyday Feminism,” Trigger Warnings, And The Duty Not To Be Stupid

TRIGGER WARNING!!!

TRIGGER WARNING!!!

I have long posited the idea that we have a duty to be competent in the act of living, since incompetent members of society make the rest of us miserable. This means not rising beyond your own ability to be competent: an idiot who aspires to be Senator and who achieves his goal is not inspiring, but unethical.

Of course, people who don’t know they are stupid should be exempt from an unethical label: ironically, you can’t be an ethics dunce if you are truly a dunce. We also have a duty not to make our children, family members, friends, associates, fellow citizens and the culture dumber by reckless dissemination of idiocy.

Which brings us to this, from the earnest, apparently certifiably insane blog, Everyday Feminism. Trigger warnings, the recent progressive invention designed to shield overly sensitive members of our species from any idea, word, concept, thought, memory or theory that troubles them in any way lies right on the cusp of unethical, as it is at the threshold to censorship and thought control, as well as to stupidity itself. Everyday Feminism, however, charges over that line with hilarious excess. This could have easily been published by The Onion, but Everyday Feminism apparently means it.

The article was about triggering, so it had to have this warning:

This article discusses triggering in detail and mentions common topics of triggering (sexual assault, anxiety, health anxiety, depression, death, non-specific fears and phobias).

But the blog felt warning itself needed a trigger warning, and so it began with this:

Like this phenomenal article, Everyday Feminism definitely believes in giving people a heads up about material that might provoke our reader’s trauma. However, we use the phrase “content warning” instead of “trigger warning,” as the word “trigger” relies on and evokes violent weaponry imagery. This could be re-traumatizing for folks who have suffered military, police, and other forms of violence. So, while warnings are so necessary and the points in this article are right on, we strongly encourage the term “content warning” instead of “trigger warning.”

Continue reading →

Unethical Quote of the Month: Justice Antonin Scalia

Scalia

“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

——U.S. Supreme Court Justice Scalia, excoriating his colleague, Justice Kennedy, who was the fifth vote in the majority of SCOTUS’s ruling today,  authored by Kennedy,  that same-sex marriage was a Constitutional right  no state could deny. Scalia filed an angry and intemperate dissent, low-lighted by this comment in a footnote.

Wrote Prof. Stephen Gillers, legal ethicist:

“How after this can Kennedy work with him?  Scalia has himself “descended” from the manner of argument found  in  opinions of John Marshall and Joseph Story to the invective and mockery of the Internet. Lawyers have been chastised for less derisive comments in briefs. Yet here we have it from our Supreme Court.  Scalia sets a bad example that will harm civility in lower courts and at the bar.”

Exactly.

The rest of Scalia’s dissent is hardly more restrained, either.

You can read the opinion and dissents in Obergefell v. Hodges here.

UPDATE: Here’s a screenshot of another selection, courtesy of Slate:

screenshot_99.jpg.CROP.promovar-mediumlargescreenshot_100.jpg.CROP.promovar-mediumlargescreenshot_101.jpg.CROP.promovar-mediumlargescreenshot_102.jpg.CROP.promovar-mediumlarge

Arguing with the majority’s wisdom and legal analysis is one thing, mocking a Justice’s writing style is quite another—unprofessional, uncollegial and below-the belt. Yes, Nino is a much better writer than Kennedy, but belittling his efforts shows neither proper judicial temperament nor appropriate respect for the Court itself. Some commenters excuse this because they disagree with the ruling: Irrelevant. Check your rationalizations, especially #2. The “They’re Just as Bad” Excuse, or “They had it coming.”

The Case Of The Trash-Talking Doctors, And The Price Of Trust

So, did you hear the one about why surgeons wear those masks?

So, did you hear the one about why surgeons wear those masks?

When I first heard about this case, I thought the jury award of $500,000 was ridiculous. The more I think about it, the more I begin to think it was appropriate.

Before his colonoscopy, a Vienna, Virginia patient pressed record on his smartphone, not intending to record everything that was said but ending up with the entire proceedings anyway. That was a half-million dollar stroke of luck for him, and the confirmation of dark suspicions for the rest of us. The resulting recording revealed that the surgical team amused itself by insulting and demeaning the semi-conscious anesthetized man throughout the procedure.

The anesthesiologist, Tiffany M. Ingham, was the ringleader and the primary offender.  Among her inspired bon mots… Continue reading →

The Most Unethical Prosecutor Of All: Baltimore’s Marilyn Mosby

Mosby

In a legal ethics seminar I taught this week for government attorneys, the vast majority of them voted that Marilyn Mosby’s vainglorious announcement of charges against six officers in the death of Freddie Gray was prosecutorial abuse, and a blatant violation of professional ethics rule 3.8, which directs that (this is the Maryland version)…

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

…
(e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent an employee or other person under the control of the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

Of course it was a breach of ethics, and an outrageous one. Her statement, which I discussed here, not only overstated her justification for bringing the charges, which were rushed and announced before a careful investigation was completed, it also stated that the officers were guilty, and worse, that the charges were being brought because the demonstrating and rioting protesters has demanded it. Mosby’s words suggested that she stood with the mob. Continue reading →

Introducing The Ethics Stooges: Bristol, Geraldo, And Dan

three-stooges

They are the perfect  2015 replacements for Larry, Moe and Curly. So diverse! Bristol Palin, a conservative woman; Geraldo Rivera,a Hispanic liberal who works for a conservative news network, and Dan Savage, a progressive gay scold!

Too bad they aren’t funny.

In fact, they are pathetic, and, of course, ethically inert. They also make “Porcupine” and the Howard Boys look classy by comparison, and they showered in their clothes.

First, yecch, Bristol Palin. She is the epitome of a worthless celebrity. Arguably, she is worse that a Kardashian. Her claim to fame is embarrassing her mother by turning up pregnant and unmarried in the middle of the 2008 Presidential campaign. That’s it. That got her a slot on “Dancing With The Stars” and a reality show where she became the poster girl for unmarried motherhood as a clever career move. Then, mind-blowingly, she became a paid advocate for teenage abstinence before marriage, that is, unlike her. In 2011, Palin was paid more than a typical Hillary Clinton college speaking fee—over a quarter million dollars—to be the abstinence spokesperson for the Candies Foundation.

Naturally, she got pregnant sans wedding ring again.

Soon after her engagement to former Marine and Medal of Honor awardee Dakota Meyer ended, Palin announced on her blog this week that she was once more with child, but without husband. “I wanted you guys to be the first to know that I am pregnant. Honestly, I’ve been trying my hardest to keep my chin up on this one,” wrote Palin. “I know this has been, and will be, a huge disappointment to my family, to my close friends, and to many of you,” she wrote. “But please respect Tripp’s and my privacy during this time. I do not want any lectures and I do not want any sympathy.”

Nyuck, nyuck, nyuck!

No sympathy? Deal. But here’s the lecture: you owe the Candies Foundation—which, frankly, deserves this embarrassment for hiring a feckless reality star as a role model for impressionable teens–every cent you accepted as part of your con. But then your life is a con. You have no talent, no integrity, and no excuse for your conduct. Get an education, grow up, and go away. You degrade the culture and America’s values by your very existence. Continue reading →

Integrity Gut Check: Who Will Have The Courage To Oppose The Left’s Cultural Purge?

STOP

Not journalists, surely, based on what we’ve seen so far. Will you? That’s not a rhetorical question. The rush to airbrush history, distort the historical record and strangle art and culture in pursuit of ideological indoctrination and constriction of dissent, imagination and thought itself is well underway in the United States, not yet as furious and violent as related movements that occurred during China’s cultural upheaval and the French Revolution, but still driven by the same kind of irrational fervor.

It certainly is frustrating sitting here on a tiny island of rationality, lamely pointing out where cultural perils lie, knowing that the net effect of my analysis is somewhere between nil and the societal influence of the local nut case carrying a placard in the park. I cautioned against a rush to avoid the ludicrous and cynical effort by civil rights leaders, Democratic politicians trying to somehow panic African-Americans into trusting Hillary, and social justice censors by pulling down Confederate flags now, as if the emblems had a smidgen, a wisp, an atom’s worth of culpability for Dylann Roof’s crime. I even launched a new Niggardly Principle to show the way, remember? Here it is again:

The Third Niggardly Principle

When suppressing speech and conduct based on an individual’s or a group’s sincere claim that such speech or conduct is offensive, however understandable and reasonable this claim may be, creates or threatens to create a powerful precedent that will undermine freedom of speech, expression or political opinion elsewhere, calls to suppress the speech or conduct must be opposed and rejected.

Never mind. Politicians have little integrity or courage, and certainly no ability to foresee the inevitable. If Nikki Haley and her fellow Southern governors legislators past and present had any of these qualities, they would have known that continuing to associate their states with the symbol of the Confederacy and all–-ALL—it stands for was a ticking cultural time bomb that should have been defused long, long ago. The flags should have been taken down when a fanatic, censorious mob of ideological zealots wasn’t in the ascendance, and wouldn’t take a belated decision to do what should have been done years—decades— before to mean that they are in control, and could finally dictate cultural conformity, because that’s what authoritarian leftists do.

Business is soulless and often without principle. It is the last entity that we should ever expect to do what is necessary to protect the flanks of free speech, will and thought. Anyone who wants to have a Confederate flag in a collection, on a jacket, or on a wall of their room should be able to purchase one. The disgraceful statement by Walmart’s CEO immediately tossed kerosene on the left’s flaming censorious passions. Good people—you know, like the people who run Walmart– don’t want to offend anyone, he suggested. Perfect. Let’s see, what can we send down the memory hole now?

Whatever they can find and think of that is connected in any way to slavery, racism and the Confederacy, apparently. And more.

The flag mania has already beyond reason: the National Park Service is pulling all items that include the Confederate flag from its gift shops , even at the battlefields. So if a 10-year old who is fascinated with the Battle of Gettysburg and wants to set up a diorama of the pivotal battle complete with little flags, the store at the battlefield itself can’t nourish his interests, because “Black Lives Matter.” What sense does it make to ban the flag and not toy soldiers of the men who fought under the flag? Well, it doesn’t, right? “Black Lives Matter.” And surely selling photographs of the generals who led those men, and books that contain photos of them, and films, like Ted Turner’s epic “Gettysburg,” that portray those generals as human beings and not racist killers who have been secretly whispering to Dylann Roof in his fevered dreams, can’t be permitted either.

I am not exaggerating this slippery slope, or how far the carnage may reach if rational people try to hide until it blows over.

Continue reading →

Women And Education, Part 2. Comment of the Day: “Ethics Heroes: The Sweet Briar Alumnae And Their Supporters”

BoysGirlsI held back on Humble Talent’s Comment of the Day because I wanted the get his context posted here first, which I did to some extent in Women and Education, Part 1. HT began with this, in response to my salute to the Sweet Briar alumnae for winning their battle to foil the school’s board and keep the all-women’s college open:

I’m…. I don’t know. I’ve stayed far away from this one, because while I understand and agree with everything you said; That the administrators have a duty to you know…. administer. That they were wrong to try to close the college for the reasons stated, that it was lazy, and cowardly, that in a vacuum this victory is a great thing…. I just can’t get past the fact that this school caters exclusively to women, directly breaks title IX, and generally feels ick to me. I just don’t think that it’s right for this school to operate the way it does.

This ‘victory’ comes directly on the heels of Tim Hunt, who was arguing for sex-segregated laboratory space, saying in part “what happens? You fall in love with them, they fall in love with you, and then they cry when you criticize them.” What he was saying, in context was that workplace relationships make the workplace more complicated than it needs to be…. What the media ran with was “He said that women cry and shouldn’t be in the lab!” It was a horribly awkward statement, and the idea of sex segregating labs is of… let’s say…. dubious merit… at best. But the blowback from this was so intense that Dr. Hunt, a Nobel prize-winning laureate who discovered the protein responsible for cell division, thus contributing directly to cancer research in a way more meaningful than any other living human being on Earth, was forced to resign. And this was also called a victory.

So let’s juxtapose that for a second. Sweet Briar sex segregates itself, and that’s OK. Hunt suggests sex segregating labs, and is harangued out of his job.

To this, Amy Tabb, a Sweet Briar alum, replied..

This is a tough one. I’m a SBC alum who also has a PhD in Engineering. Dr. Hunt’s comment was pretty idiotic, he may have meant it in jest, but he chose the worst possible time to deliver those comments. The rapid backlash has a lot to do with the speed of social media, and the backdrop of Biology labs where the PI has the power to kick you out, give you a dead-end project, or help you publish enough to get your own lab.

In the same week at the Dr. Hunt comments, in Science magazine’s (yes, THAT Science) advice column concerning an advisor who kept on looking down a post doc’s shirt during their meetings, the advice columnist — a woman — advised the post doc to suck it up because the advisor’s influence on the post doc’s career was too great to risk offense. And yet Biology has great numbers of women getting PhDs. I don’t know what the problem is, but clearly there is one. I mean, come on, people, it is 2015!

To address your other points, attending a single-sex college is the choice of the student. There ARE men’s colleges, still, though fewer since the military academies (such as VMI) were made co-ed, as they should have been since they are publicly funded. The remaining schools are privately funded. There are historically black colleges and universities (HBCUs) too, and they are privately funded.

My experience at a women’s college is that all that static about gender norms is removed — what to study, career choice, how to act, etc., giving me a lot of freedom to decide how to spend my adult life.

Now here is Humble Talent’s Comment of the Day, in response to Amy, in response to Humble Talent, on the post Ethics Heroes: Sweet Briar Alumnae and their Supporters. I’ll have my own post on the topic of “gender segregated” higher education in Women and Eduction, Part 3.

“Hunt’s comment was pretty idiotic, he may have meant it in jest, but he chose the worst possible time to deliver those comments.”

Agreed. 100%. But do you think that it’s appropriate to remove a Nobel laureate from his lab for stumbling over a bad joke?

“There ARE men’s colleges, still, though fewer since the military academies (such as VMI) were made co-ed, as they should have been since they are publicly funded. The remaining schools are privately funded. There are historically black colleges and universities (HBCUs) too, and they are privately funded.”

Awful argumentation. Both variants of Rationalizations 22 and 24, and factually untrue. I called out women’s only schools because we’re talking about SBC, but any group that caters exclusively to people based on race or gender would be on the top of the list of organizations I think are inherently unethical, that other groups might be doing the same thing doesn’t make the behavior right…. Which is why it’s important to differentiate between what’s “Right” and what’s “My right to do”.

As to the facts of gender and racially segregated colleges…. 48. That’s the number of women’s colleges in America. Compare that to 3 men’s colleges and 0 exclusively black colleges. (HBCUs started accepting people from different races decades ago.) I’d also, as a matter of splitting hairs argue that no college is exclusively privately funded, between bursaries, scholarships and assistance programs, I’d genuinely be surprised if there was a college out there that didn’t accept some kind of public money if we considered indirect payments. I know that isn’t how we look at it, but the taxpayer is basically awarding students money to give that money to organizations that discriminate, and that sits poorly with me.

“My experience at a women’s college is that all that static about gender norms is removed — what to study, career choice, how to act, etc., giving me a lot of freedom to decide how to spend my adult life.”

Your experience, and I’m sorry, because this is probably going to be offensive… But your experience is weak. Even if you want to argue that you didn’t have that freedom outside of a segregated environment (which I reject on it’s face…. between 55 and 60% of the college population is female currently, and women are in every. single. field. I’d bet that if there was a situation where a woman in a normal college felt that she was being discouraged from chasing her goal in almost any imagined way it would be front page news and someone would get fired.), what you’re describing isn’t freedom… it’s something akin to laziness, with undertones of entitlement. The college experience isn’t just learning what’s in the books, it’s also learning how to deal with people in an adult setting, segregated colleges bypass that learning.