Ethics Quote Of The Month: Kim Phuc Phan Thi

“I thought to myself, “I am a little girl. I am naked. Why did he take that picture? Why didn’t my parents protect me? Why did he print that photo? Why was I the only kid naked while my brothers and cousins in the photo had their clothes on?” I felt ugly and ashamed.”

I always  uncomfortable with that photograph from the moment I saw it, and thought it was cruel and unethical. Would the AP have published a similar photograph of a white American girl? I don’t know, but I don’t trust the Associated Press (or any press, at this point). It won Ut a Pulitzer Prize and helped energize the anti-Vietnam war effort in the U.S., but the photo (shown in the underlined link above) fails two basic ethics systems: Reciprocity, as in the Golden Rule, and Kant’s Categorical Imperative, which forbids using another human being as a means to an end. Can it be justified under Utilitarian principles, as a balancing of outcomes? Was the benefit of publishing the photo sufficient to make it ethical conduct, despite the harm it would do to an innocent child?

 Not on my scorecard.

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Unethcal Website Of The Month: The Post Millennial

Emily Bridges and Lilly Chant, two biological men who “identify” as female, won the first and second place slots at London’s ThunderCrit cycling last week. That’s the third place finisher with her baby on the right. The Post Millennial, a conservative website, used the photo above and this one…

…to show how absurdly unfair the competition was, with the diminutive biological female dwarfed by her victorious trans competition. The headline was, “Biological males win women’s cycling event, kiss while third place female cares for child.”

And it almost fooled me. I was going to post the photos above as a “Res Ipsa Loquitur” stand-alone feature, but this time the pictures didn’t “speak for itself.” Here are the uncropped photos…

No wonder the trans-women dwarf the third place finisher! They are standing on higher platforms. Continue reading

Ethics Quiz: The Interrupted Marriage Proposal

Disney clearly “can’t win for losing,” as a saying I’ve never understood goes. At Disneyland Paris, a couple invaded a stage in the park reserved for performances so the guy could propose to his love with a castle in the background. A Disney cast member then interrupted the romantic moment, snatched the engagement ring, and motioned the couple and guests to leave the forbidden area.

There is some controversy over whether the couple had received permission for the stunt (from someone not authorized to grant it)—an Ethics Alarms principle holds that all public wedding proposals are stunts, and unethical ones—but the intervening Disney employee was undoubtedly correct that the couple and the witnesses were breaking park rules.

So your Ethics Alarms Ethics Quiz of the Day is…

Was it unethical to break up the proposal?

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Sundae Ethics Sundae, 6/5/2022: Bad Jokes, What I Thought Were Jokes, And What I Wish Were Jokes

The most famous event that occurred on this day in U.S. history was the assassination of Robert Kennedy in 1968. Assassinations are unethical, of course, though Bobby Kennedy was quite likely a dangerous man to have in the White House, as he was perhaps even more of a sociopath than the typical Kennedy, such as Jack and Teddy. Less dissonant as an ethical landmark is George Marshall’s 1947 speech planting the seeds of the Marshall Plan—the name has a certain ring to it, somehow!—by calling on the United States to aid in the economic recovery of postwar Europe, which it did by sending billions of dollars to Western Europe to rebuild the war-torn countries. This was not altruism, however, but pragmatism: there was a quite legitimate fear that the contagion of Communism was in the air and likely to spread. The Marshall Plan was a Cold War strategy, and nobody can say whether it “worked” or not. Western Europe was able to resist communism, but that might have just been moral luck.

A notable unethical historical episode was the work of President Grover Cleveland, known as “Grover the Good.” The name “Grover the Mixed Bag” would be more accurate. This time, in 1888 (as Jack The Ripper was getting ready to murder his first victim in Whitechapel). Johanna Loewinger’s Civil War veteran husband died 14 years after being discharged from the army. Upon his death in 1876, his pension was discontinued. Johanna, applied for a widow’s pension, but was denied since her husband died from suicide by cutting his own throat rather from wounds suffered while fighting for the Union. (He had been discharged for chronic diarrhea.)  His widow claimed that the war had driven him mad and was the reason for his death. After she failed to get the pension she felt she was owed, Johanna appealed to a member of Congress to petition the President. Grover denied the widow’s petition.

1. I don’t even know what to say about this. Here are Burger King Austria’s special Pride Month Whoppers, with two bottom rolls or two tops. I thought it was a joke. It’s not.

2. Who does he think he is, Ricky Gervais? David Weigel, who covers politics for the Washington Post, retweeted a tweet that said,: “Every girl is bi. You just have to figure out if it’s polar or sexual.” His colleague Felicia Sonmez, who also covers politics, wrote: “Fantastic to work at a news outlet where retweets like this are allowed!” Allowed! I agree that the tweet was inappropriate in a workplace setting, but the proper response would be a little reminder from the brass.  Weigel, however, felt it necessary to grovel, and tweeted, “I just removed a retweet of an offensive joke. I apologize and did not mean to cause any harm.”  Washington Post COO Kris Coratti Kelly announced, “Editors have made clear to the staff that the tweet was reprehensible and demeaning language or actions like that will not be tolerated.”

The action was a joke. It had the form of a joke, and was intended as a joke. If I cared enough and my sock drawer weren’t a mess, I’d do some research into the kinds of jokes about men, Republicans, President Trump and his supporters Post staff have retweeted. I’m pretty sure what I’d find. Like everything else, satirical humor goes in only one direction in D.C., and the reverse “will not be tolerated.”

3. Speaking of bias..Take the New York Times. Please! I have a Facebook friend who really and truly announced that he was a fan of Times op-edderess Michelle Goldberg. She is biased as well as intellectually dishonest, and does not deserve a regular platform in the Poughkeepsie Weekle Packet, much less the New York Times. Her continued existence there is signature significance, so I felt vindicated to see this column last week:  “The Amber Heard Verdict Was a Travesty. Others Will Follow.”It began, “The verdict in Johnny Depp’s defamation lawsuit against his ex-wife Amber Heard is difficult to explain logically.” Difficult to explain logically to whom? Heard got the Washington Post to publish her op-ed that made defamatory accusations against Depp that she couldn’t back up, statements that alleged as fact matters that could not be shown to be fact, which is the essence of libel. Not only that, she promised the ACLU a large contribution in exchange for assisting in writing the piece, and the organization testified that she stiffed them, not that they didn’t deserve being stiffed, since taking sides in celebrity domestic disputes is not exactly in the organization’s mission statement. Heard was unequivocally exposed as a serial liar, but never mind: Goldberg makes it clear Heard should have won the suit because other women have been abused by powerful men, and because “Believe all women” must be the norm. The jury should have rejected Depp’s defamation claim because his victory hurt the cause. “Even if Heard lied about everything during the trial — even if she’d never suffered domestic abuse — she still would have represented it,” Goldberg writes. Continue reading

More Scary Tales Of The Great Stupid: New York’s “Restorative Justice”

Indeed, Major Clifton. You can’t get much crazier (or stupid) than this.

As I have related here before, in my fortuitous accidental opportunity to chat privately with genius Herman Kahn many years ago, he observed that societies periodically suffer mass amnesia and forget why traditions, rules and policies that had existed for centuries exist. They then try something new that seems like a good idea at the time, only to be reminded it is, in fact, a terrible idea, and one that everyone once knew was a terrible idea, which is why it had been wisely dismissed centuries or even eons ago. This cycle is needlessly destructive, and those who trigger it are incompetent and irresponsible, usually choosing to adopt magical thinking over cold, hard reality because it supports their ideology. For some reason, or because of a cosmic practical joke, the United States is being tortured by such misbegotten inspirations. “Hey! Let’s just let anyone into the country who wants to come!” “Let’s defund the police!” “Let’s give up on stopping people from getting addicted to drugs!” “Let’s wear masks over the lower parts of our faces all the time, just to be safe! And make our kids do it too!” “Hey, why not spend as much money as we want even when we’re already deep in debt?” (I had to stop myself mid-list because the examples popping into my head were obviously going to keep coming.)

New York City has embraced one of the more ridiculous of the ideas arising out of magical thinking, societal amnesia and The Great Stupid: “restorative justice.” Part of an ambitious reform package created by former NYC Mayor Bill De Blasio (“Hey! Let’s take advice from one of New York City’s most disastrous failures ever!”), restorative justice is, like so many recent terrible ideas, a response to the uncomfortable results of cultural pathologies in the black community. In 2019, De Blasio announced the criminal justice revolution, which was, he explained, necessary because ““For far too long, this city’s answer to every societal problem was to throw people in jail. We lost generations to mass incarceration, mostly young men of color.” Yes, it was “disparate impact” again! Punishing criminals and enforcing laws had a disparate impact on black Americans, because they are still committing a disproportional number of serious and violent crimes. Solution: Stop punishing criminals and enforcing laws!

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Weekend Ethics Warm-Up, 6/4/2020: Bring On Those Lazy, Hazy, Crazy, Unethical Days…

Indoctrination is everywhere, and you WILL be assimilated. Waiting for my car to be delivered from the garage by Valet Parking at the D.C. Marriott Hotel, I saw that there were four channels playing in the lobby for guests: CNN, MSNBC, Bloomberg and Fox…Sports. The news channels were all braying about Peter Navarro, a Trump advisor I barely remembered, being indicted as if it were the equivalent of the Watergate tapes being revealed. Fox News had more viewers than CNN and MSNBC combined for very good reasons, by never mind. THAT news is biased

1. Lazy! Speaking of propaganda, the ostentatious “Pride Month” pandering is already suffocating and it’s only the 4th. Why is a month dedicated to LGBTQ promotion? Wouldn’t it make more sense to promote heterosexuality—you know, for survival of the species purposes? Pretty much every day is “Pride Propaganda Day” now—isn’t the Month redundant now? And what the hell is there to be proud of? Holding that someone should not be awash in shame for something they have no control of isn’t the same as concluding they should be proud of it. I’m not ashamed of being bald, but why would I be proud of it?

The corporate pandering is particularly nauseating (and suffocating), with rainbows attached to everything. One, it reminds me of the saccharine Seventies and the costumes in “Godspell,” and Two, I think of that kid pouring maple syrup on everything on his dinner plate in “To Kill A Mockingbird.” “What in the Sam Hill are you doing?” Scout blurts out, rudely. I feel like her. A progressive website was shocked and angry to discover, and complained accordingly, that 25 major corporations that have been the most publicly rainbow-besotted also  donated more than $13.2 million to what it calls “anti-LGBTQ politicians” since the start of 2021. Well, to progressives, holding that  teachers shouldn’t be giving classes in fellatio to third-graders is “anti-LGBTQ,” but more to the point, those corporations are all insincere, and following what they perceive as virtue-signalling mandates, just as they were when they sucked up to Black Lives Matter. Continue reading

When Polling Is Unethical

Gallup is both one of the oldest polling organizations and among the closest to objective, making it doubly irresponsible when it injects nonsense and ignorance into policy debates. This is what it did with two recent polls, headlined thusly: “Steady 58% of Americans Do Not Want Roe v. Wade Overturned” and ‘Pro-Choice’ Identification Rises to Near Record High in U.S.”

The immediate response here is “So what?” Abortion, at least since the misbegotten Roe v. Wade SCOTUS ruling in 1973, is matter of Constitutional law and individual rights, and neither of these are determined by popular opinion.. Nor should they be. Yet the reflex refrain of demagogues and the habitually dishonest when they are out of legitimate arguments is “the public overwhelmingly supports/opposes [fill in the blank],” a contention that inevitably depends on polling.

The threshold question Gallup asked its respondents on the abortion issue was “With respect to the abortion issue, would you consider yourself to be pro-choice or pro-life?” Useless. Did Gallup define what “pro-choice” or “pro-life” meant? Nope. Do “pro-choice” Americans believe a potential mother should be able to “choose” to kill a viable fetus right up to the moment of birth? Do they believe that abortion involves the taking of a life at any point? Ever? Do they care? Who knows? I don’t think most of those who responded that they were “pro-choice” know. It’s garbage in, garbage out: the poll results are meaningless, but they will still be cited as if they are profound.

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Ethics Dunce: Pennsylvania Lt. Governor John Fetterman

Fetterman is the Democratic nominee in an upcoming US Senate election that could determine whether Republicans can take over control of that half of Congress. He suffered a strokeA right before the Democratic primary last month, and had been unacceptably vague about the episode as well as his health generally. Yesterday the facts began to come out. Fetterman, 52, and his physician confirmed that he has a heart condition called cardiomyopathy as well as an irregular heartbeat, or atrial fibrillation. [Full disclosure: I been an atrial fibrillater for decades. But I’m just an ethicist, and have no significance whatsoever. Unlike Fetterman, however, I do take my medication.]

A pacemaker and defibrillator have now been implanted, but Fetterman is still not well enough to begin campaigning, and it is uncertain when he will be sufficiently recovered. Moreover, the revelation of cardiomyopathy is not just news, but significant news that Fetterman’s campaign initially withheld. According to the Mayo Clinic, cardiomyopathy can lead to heart failure. It’s  disease of the heart muscle that reduces the organ’s ability to pump blood to  the body and brain. Continue reading

Ethics Alarms Encore: “Possessed Lawyer Ethics”

The best legal ethics story I have ever heard and probably ever will hear arose in Arizona in 2010. I have regaled CLE seminars with it many times since, and it is ever green. After I mentioned the case again today at a Federal Bar convention program, I found myself wondering if I had ever posted about the weird episode on Ethics Alarms. Indeed I had, but it was way back in September of 2010.Here’s how long ago that was: Instagram didn’t yet exist, the statement that Donald Trump would be the next President might get you committed, and the only commenter on the post was “JJ,” whom I have completely forgotten.

Clearly, it’s time for an encore, so here it is, slightly expanded.

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Is it unethical for a lawyer to claim she is possessed by a client’s dead wife?

This  question has been puzzling professional responsibility experts for decades. Okay, not really. In fact, surprisingly, it just doesn’t happen all that often. But in Arizona, a lawyer is now facing suspension for claiming that she was possessed by the spirit of a client’s dead wife, then lying about it under oath. The dead wife is being accused of illegal immigration.

OK, I made up that part, too.

Sorry.

The ABA Journal reports that the lawyer, Charna Johnson, began representing a client during his divorce proceedings. While the divorce was in process,  the client’s wife, who was fighting many demons even before she got in the possession business, committed suicide. Johnson then represented the husband in probate proceedings, but one day became convinced, according to her sworn testimony and that of two witnesses, that the client’s wife had possessed her, like that real demon, Pazuzu. Continue reading

Note To Gov. DeSantis: The Tampa Bay Rays Are Not The Same As Disney

I defended Gov. Ron DeSantis’s cancellation of Disney’s long-standing special status with the state of Florida, because, ethically, partners shouldn’t publicly attack partners without consequences, and because Disney’s privilege of self-government was in great part a product of the company bolstering core American values and a family-friendly culture. No, I pointed out more than once, this was not a case of a corporation being singled out to be punished for a political position the state opposed, but a situation where special benefits could no longer be justified if Disney was no longer going to hold up its end of the original mutually-beneficial deal of yore, which could be reasonably seen as “You don’t meddle in our business, and we won’t meddle in yours.” Moreover, giving Disney special benefits that other theme parks in the state didn’t have could not be justified as fair and reasonable any longer.

It now appears that I may have been giving Gov. DeSantis more credit than he deserved, and that his slap at Disney was, at least in part, an example of a state government punishing a company for a political position it had every right to hold, state, and act upon. Yesterday we learned that DeSantis intends to veto a $35 million bill for Florida to pay for a Pasco County facility that would serve as for the Tampa Bay Rays’ spring training home. The reason is, apparently, the baseball team’s public message above.

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