Comment of the Day: “Unethical Quote of the Month: Patriots Quarterback Tom Brady”

"Is this a deflated ball I see before me?"

“Is this a deflated ball I see before me?”

“Inflategate”—-the developing NFL scandal about the New England Patriots’ under-inflated, more easily thrown footballs in the team’s last play-off win and perhaps others—is a big deal to 1) people who hate the Patriots; 2) football fans who care about whether their game has any integrity and 3) people like me, who think there is no justification for cheating, in sports, in business, or in life. Those who argue that it’s “much ado about nothing,” usually without being able to quote a line or explain a plot turn from the Shakespeare comedy they’re alluding to, do so because 1) they are Barry Bonds fans; 2) they don’t know the difference between a football and a plantain, and don’t care. except that they wouldn’t want to eat a football by mistake; 3) they are typical NFL football fans and want to “oh, pshaw!”  anything that reflects badly on the sport that gives their brutal lives meaning, 4) they are John Edwards, or 5) they are members of the New England Patriots organization, and perhaps were involved in the ball deflation.

Pats quarterback Tom Brady (that’s how you know I’m from Boston: I call the team the “Pats”) gave a highly unconvincing press conference yesterday in which he maintained that he would never notice that the tool of his trade that he has plied approximately since he exited the womb felt different than usual, and, like his coach, the brilliant and soulless Bill Belichick, has no idea how the team’s balls got deflated. The credibility of that claim was severely undermined for me by Brady’s use (“This isn’t ISIS…”) of my least favorite rationalization of them all on the Ethics Alarms compendium, the infuriating #22:

The Comparative Virtue Excuse: “There are worse things” : If “Everybody does it” is the Golden Rationalization, this is the bottom of the barrel. Yet amazingly, this excuse is popular in high places: witness the “Abu Ghraib was bad, but our soldiers would never cut off Nick Berg’s head” argument that was common during the height of the Iraq prisoner abuse scandal. It is true that for most ethical misconduct, there are indeed “worse things.” Lying to your boss in order to goof off at the golf course isn’t as bad as stealing a ham, and stealing a ham is nothing compared selling military secrets to North Korea. So what? We judge human conduct against ideals of good behavior that we aspire to, not by the bad behavior of others. We should each aspire to be the best human being that we can be, not to just avoid being the worst rotter anyone has ever met.

Behavior has to be assessed on its own terms, not according to some imaginary comparative scale. The fact that someone’s act is more or less ethical than yours has no effect on the ethical nature of your conduct. “There are worse things” is not an argument; it’s the desperate cry of someone who has run out of rationalizations.

(Or someone whose coach had the equipment guy deflate the footballs.)

Now comes blogger Windypundit to expand on my derision of Brady’s embrace of #22 from a different and useful perspective. Here is his Comment of the Day on the post, “Unethical Quote of the Month: Patriots Quarterback Tom Brady”:

In a way, Brady has a point, but it’s not what he thinks it is, and it doesn’t cut in his favor. In the grand scheme of things, nothing that happens on the field of play is very important. In fact, most of the rules of sports are arbitrary — the location of the free throw line, the number of bases the runners have to tag, the pressure in the football. The rules don’t have any higher meaning. And that’s precisely why there’s no excuse for not following them.

The big issues — when you can disconnect the life support, when a cop can shoot an unarmed person, when the President can order a drone strike — are full of complications and nuance. It’s hard to come up with a clear set of rules that will apply in every possible situation. You may think you have it all figured out, and then a scenario arises that you never thought of, and your simple set of rules, if followed blindly to the letter, would produce a terrible result. So maybe after you think through all the consequences, you decide that you’ve found a valid exception, and you change the rules. Or maybe, if the matter is important enough and you believe the rules are immoral, you break the rules as an act of conscience.

But I can’t see that happening much in sports. There is no greater good that could be used to justify breaking the rules. What terrible result could arise from blindly following the rules of football to the letter? A team loses a game? That might cost the team a bit of money, and I can see where crazed fans would get upset, but you know what? Nobody dies if the Patriots don’t make the playoff. This isn’t ISIS after all.

 

Ah, Mediaite? CREW Is NOT An “Ethics Watchdog Group,” It’s A Partisan Media Matters Hit Group

See, Congressman, it works this way: if you were a Democrat, CREW would ignore your junket to London, and so would Mediaite. Fox News, however, would be all over your ass...

See, Congressman, it works this way: if you were a Democrat, CREW would ignore your junket to London, and so would Mediaite. Fox News, however, would be all over your ass…

Did Rep. Louis Gohmert (R-Tx)*, one of the prominent conservatives in the Republican-led Congress, misuse over $6,000 in campaign funds on a speaking trip to London? Maybe; it sounds like one of those typical gray election law controversies, and one of the lesser ones, except that Gohmert is on a lot of partisan hit lists. If he did misuse the funds, I’d want to see him fined, or whatever the violation warrants, and chastened too.

That’s not my concern right now, though. What interests me is that the alleged misuse of funds was flagged by Citizens For Responsibility and Ethics in Washington, and in reporting it, Mediaite said, in a story headlined, Ethics Watchdog Accuses Gohmert of Misusing Campaign Funds:

“An ethics watchdog group has filed a complaint against Rep. Louie Gohmert, accusing the Texas Republican of misusing campaign funds to foot the bill for a trip to England that included a 5-star hotel and a $200-plus taxi ride.The complaint, filed by Citizens for Responsibility and Ethics in Washington (CREW), was addressed to the staff director and chief counsel of the Office of Congressional Ethics and demands an investigation into whether Gohmert violated House rules by using campaign money for a trip that seemingly had nothing to do with his campaign.”

CREW, as I have repeatedly pointed out for years, is no “ethics watchdog.”  Continue reading →

Unethical Quote of the Month: Patriots Quarterback Tom Brady

Disappointed kid

“This isn’t ISIS. No one’s dying.”

––New England Quarterback Tom Brady, in the course of denying culpability in the latest New England Patriots cheating scandal.

Tom Brady now joins the Ethics Alarms Rationalization Spouter’s Hall of Fame, which I just started. You just can’t embody Rationalization #22, Comparative Virtue, or “It’s not the worst thing” any better than this obnoxious attempt to minimize the significance of Deflategate.

That’s the way to teach the kids to be fair competitors and good citizens, Tom! And does a star athlete whose attitude regarding cheating in his profession amounts to this fill you with trust in his integrity, honesty, and sportsmanship?

Not me.

The Personal Injury Lawyer’s Sex Doll Ad: Stupid! Funny! But Unethical?

Nah.

Here it is:

There is a dubious principle of advertising holding that as long as the name and the service come through memorably, an ad is a success. This video challenges that assumption. It tells me that the lawyer who let someone talk him into doing an apparently improvised ad with a smut-mouthed rubber sex doll is an idiot, and it is very risky to take legal advice from idiots. Nonetheless, there is nothing unethical about the ad. Does it hold the profession up to public ridicule? No, it holds this lawyer up to public ridicule.

Once upon a time, lawyer advertising was held to be unethical by all state bars, until courts found the restrictions to violate the First Amendment. This kind of ad was what the profession was worried about. A few states, notably Florida (the last I checked), still apply more stringent standards to lawyer advertising than currently apply to used cars and cheesemakers, but as long as an ad lawyer doesn’t make affirmative misrepresentations, it won’t be found to be in violation of the legal ethics rules.

Besides, ads like this one are extremely informative. They tell a potential client everything they need to know about the judgment, reputation and trustworthiness of the lawyer who stars in it. What could be more ethical than that?

_______________________

Pointer: Res Ipsa Loquitur

Sen. Gillibrand’s State of the Union Guest

Emma and her mattress: actually, many of the other attendees at the State of the Union would have loved to have had a mattress...

Emma and her mattress: actually, many of the other attendees at the State of the Union would have loved to have had a mattress…

I was considering framing this as an either/or ethics quiz, with Sen. Gillibrand (D-NY) inviting Emma Sulkowicz, a Columbia student who continues to harass the student she accused of rape despite her allegations being judged, by the school and police, as unprovable to the State of the Union, being compared to Speaker John Boehner’s in-your-face invitation of Israel Prime Minister Benjamin Netanyahu to address a joint session of Congress about Iran. I don’t like either of the moves: both are unethical in different ways. I can at least devise an argument for Boehner, however. I don’t see how anyone can excuse Gillibrand, who is essentially accusing a young man of rape when she has no direct knowledge of what happened.

Columbia student Paul Nungesser was found “not responsible” for sexually assaulting Sulkowicz, Since that official determination, Sulkowicz has been carrying a mattress around the university as “an art project” to protest Nungesser’s success at defending himself. When he learned that the Senator had injected herself into the controversy, he told reporters,

“I am shocked to learn that Senator Gillibrand is actively supporting Ms. Sulkowicz’s defamation campaign against me by providing her with a public forum in which to broadcast her grave allegation. By doing so, Senator Gillibrand is participating in a harassment campaign against someone who, for good reason, has been found innocent by all investigating bodies.”

Yup, I’d say that’s a fair interpretation. He continued,

“Sulkowicz’s accusation is untrue and unfounded: I have never sexually assaulted anyone. This is why Columbia University after seven months of detailed investigation in November 2013 found me to be not responsible…I voluntarily let myself be interviewed by DA chief of Sex Crimes at SVU in New York City, in August 2014. Shortly after this interview, the DA’s office informed me that they decided not to pursue the case further.”

Sulkowicz  decided not to pursue the criminal case any further. She just took the alternative action of setting out to hound, harass, accuse, stigmatize and embarrass Nungesser as “art.” Continue reading →

.5 Cheers For The Justice Department Deciding To Be No More Biased, Divisive And Unethical Regarding Michael Brown’s Shooting Than It Already Has Been

one cheer

The Justice Department has reportedly decided not to bring civil rights violations charges against former Ferguson police officer Darren Wilson in the death of Michael Brown. This is not exactly a surprise, since there was no justification, based on known evidence, for opening an investigation in the first place. Still, the decision does show that there are unethical depths to which Eric Holder’s race-obsessed, partisan and untrustworthy regime won’t sink to.

It was obvious to all objective observers that the original announcement, in the wake of the grand jury’s decision not to indict Wilson, that the Justice Department was investigating possible civil rights violations was pure race identification politics at its worst. The Justice Department is supposed to be non partisan. It is supposed to build trust in the system, not undermine it. It is supposed to be objective and fair, and not prejudge or take sides until the facts are known. Never mind: all of that and more was thrown aside, openly and with fanfare, in the Ferguson Ethics Train Wreck.

Holder met with Brown’s parents. He consulted openly with Al Sharpton, who was, and is, claiming that Brown was gunned down for being black. Holder’s department sent representatives to Brown’s funeral. Holder’s decision to investigate whether to seek a civil rights violation indictment was interpreted as a statement that the Ferguson grand jury that refused to prosecute Wilson was itself racially biased, though the evidence released proved that was not the case. The investigation sent a cynical, divisive message that a black President and a black Attorney General were going to stand with “their” people, and the conclusions of a “mostly white” grand jury be damned. The decision seemed to validate, as it was fully intended to, the protests, the anger, the riots, and the “Hands Up! Don’t Shoot!” lie.

However, as we knew, and know, and as Holder’s attorneys knew, the evidence was never there, and never was going to be there. Thus Justice is finally doing the right thing, after intentionally doing the wrong thing to show beyond any shadow of a doubt what side they are on, as an agency of all the people that is pledged to only be on one side, that of blind and color blind justice. Instead, Holder’s minions chose to subject Wilson, and by extension his profession, the police, months of injustice to demonstrate politically useful solidarity with Brown’s parents, who accused their country of racism before the United Nations, and Al Sharpton, whose bar for proving racism is set low enough to call the Academy Awards bigoted for not nominating the actors he would nominate. It was not willing, apparently, to go so far as to hold a trial in which the United States would be thoroughly embarrassed, because it had nothing to prosecute on.

Yes, I’ll compliment Holder and the Justice Department for doing the right thing that they made necessary by months of unethical conduct. Good for them. They were not as unprofessional and atrocious as they might have been.

With this Justice Department, that qualifies as progress.

An Amazing Case Study On How Bias Makes Us Stupid

when-facepalmnot-enoughBias makes you stupid. It interferes with our objective judgment, makes us unreasonable and unfair, leads to poor decisions and the loss of the respect of others. Seldom will one see a more striking example than the current post on The Daily Kos, the unhinged far left website, by earnest, progressive, biased and struck-stupid commentator Mark E. Anderson.

Republican Gov. Scott Walker of Wisconsin is a potential Republican presidential contender who is hated by progressives with an unseemly passion for his successful vanquishing of public employee unions in a traditionally liberal state. He never graduated from college: he left the University of Marquette in his senior year to take advantage of a business opportunity, and never looked back. Good for him.

In a recent interview, addressing his lack of bachelors degree, Walker said,

“I’ve got a master’s degree in taking on the big government special interests, and I think that is worth more than anything else that anybody can point to.”

Continue reading →

Deflategate Ethics Verdict: Prove It, Then Ban Bill Belichick

FOOTBALL

It looks as if New England Patriots head coach Bill Belichick cheated…again. If the NFL cared about such mundane matters as integrity, fairness, honesty and ethics, it would take the kind of appropriate action any other organization is obligated to take when the evidence shows that a high-performing member of the organization is a rotten apple: throw him out, or at least discipline him and his team severely.

Will the NFL do this to the most successful play-off head coach in its history?

Don’t make me laugh. Continue reading →

Facebook’s Unconstitutional News Hoax Policy

I've got your backs, you contemptible jerks...

I’ve got your backs, you contemptible jerks…

Boy, there’s a lot of pro-censorship sentiment going around these days. I wonder why?

The latest comes from Facebook, which now is going to attempt to shield us from “hoaxes.” I don’t trust the government to decide what I should read and I don’t trust Facebook to do it either. Nobody should.

Back in the sixties, Economist John Kenneth Galbraith wrote papers and books asserting that large corporations were becoming the new nations and states, and that it was their power, not elected governments, that would decide how we lived. Galbraith wasn’t the best professor I aver had (he was the tallest), and his assertions in this realm were certainly exaggerated, but a lot of what he foresaw has come to pass. It is true that the First Amendment prohibition against government censorship of expressive speech doesn’t apply to private entities, but it is also true that huge corporations like Facebook weren’t even a twinkle in the eye of the Founders when that core American value was articulated. Any corporate entity that has the power to decide what millions of Americans get to post on the web is ethically obligated to embrace the same balance of rights over expediency that the Constitution demands of the state, specifically free speech over expediency, period, exclamation point, no exceptions. Embodying Clarence Darrow’s statement that in order for us to have enough freedom, it is necessary to have too much, the Supreme Court has even pronounced outright lies to be protected speech.

For this reason, Facebook’s well-intentioned anti-hoax policies—boy, there’s also a lot of well-intentioned lousy policies going around these days, being applauded for their goals whether they work or not. I wonder why?—add one more offense to core American ideals.

You can read Facebook’s new policy here. The key section: Continue reading →

The Destructive, Useful, Unethical Presumption of Bigotry, Part 2: The Oscar “Snub”

selma-4

For the second time in nearly two decades, and for the first time since 1998, the Oscars will be awarded to only white acting nominees. This, then, if you listen to the caterwauling race-baiters, is because Hollywood is racist. The Academy’s voters just hid it well since 1998, that’s all. Does that make any sense to you?

There are few more infuriating and transparently illogical examples of an unfair slapping down of the race card than looking for bigotry in the notoriously arbitrary, bias-soaked, essentially meaningless choices for “best” in the various Academy Award movie-making categories. Yet the race card sharks were up to the task.  Naturally, the authority on the subject was Al Sharpton, he whose own performance quality on his MSNBC TV show is so amateurish that it would be shut out in any community theater awards.

“In the time of Staten Island and Ferguson, to have one of the most shutout Oscar nights in recent memory is something that is incongruous,” Sharpton told The Daily News. Wait, what??? Incongruous is the assertion that the nominations for film-making excellence should be influenced in any way by how many blacks are killed resisting arrest. Anyone who finds that to be a logical argument for why more black actors should have been nominated for Oscars is useless to any rational discussion of the issue. I want a show of hands. Continue reading →