Take The Ethics Alarms Rittenhouse Case Pledge: “I Vow To Slap Down The False Narrative Whenever I Encounter It, Forever!”

Witherspoon tweet

The five jagged prongs of the fantasy version of the Rittenhouse case are 1) He carried a semi-automatic weapon “across state lines” to cause trouble; 2) the teen is a white supremacist, hence a racist, and was “hunting” virtuous social justice crusaders justly and peacefully protesting ; 3) the three men he shot were innocent victims, and two of them were murdered, 4) the rioting Rittenhouse was opposing was a protest over a white police officer brutally killing an unarmed black man, and 5) the jury’s failure to convict resulted from the inherent racism of the justice system.

Within those prongs are at least (let’s see…) twelve lies that can no longer be excused by confusion over the facts. Nor is it an excuse that someone like Witherspoon has been reading and watching the wrong news reports (as well as getting her political views from within a progressive bubble), because every American knows or should knows that such sources cannot be believed or trusted.

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Post-Thanksgiving L-tryptophan Hangover Open Forum

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There is absolutely no excuse, none, for readers to not engage in an epic ethics donnybrook in this week’s open forum. What else are you going to do? Watch young men begin their slow descent into premature dementia from successive concussions as thousands cheer? Watch the “Get Back” Beatles documentary? OK, that’s actually a good idea (I watched Part 1 last night), but that still won’t take up the whole day…

Ethics Quiz: Christmas Spirit Meets Hanlon’s Razor

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Your Ethics Alarms ‘Welcome to Pre-Christmas Madness!’ Ethics Quiz:

Was this design malicious or just stupid?

Remember Hanlon’s Razor, so essential to keep firmly in mind during The Great Stupid: “Never attribute to malice that which is adequately explained by stupidity.”

The Complete, Updated Ethics Companion To “Miracle On 34th Street”!

Introduction

The holiday season traditionally kicks off with Macy’s Thanksgiving Day Parade, and so does this iconic holiday movie. As with most holiday movies, but perhaps more than most, the entire concept of digging into the ethics of the plot of “Miracle on 34th Street”  can be criticized as beside the point. Indeed, this ethics analysis of a classic Chritsmas movie received more flack than the previous two (“White Christmas” and “It’s a Wonderful Life” ) combined. The movie, at least the 1947 original, is a classic; I don’t dispute it. It works dramatically and emotionally, it makes people feel good, and it has held up over time. That’s all a Christmas movie is supposed to do, and if it does it without really making sense or avoiding ethics potholes along the way, so what?

I sympathize with this view. However, our ethical standards and ethics alarms are affected by what we see, hear, like and respond to. If popular holiday movies inject bad ethics habits and rationalizations into our character, especially at a young age, that is something we should at least be aware of by the tenth or eleventh time we watch one of them.

One ethical aspect of “Miracle on 34th Street” that must be flagged at the outset is competence. The film is so effortlessly engrossing and convincing that it is easy to forget how easily it could have failed miserably. Actually, it is also easy to remind oneself: just watch any of the attempts to remake the film. There have been four of these, starring, as Kris Kringle, Thomas Mitchell, Ed Wynn, Sebastian Cabot, and Richard Attenborough. That’s a distinguished crew, to be sure. Mitchell was one of the greatest character actors in Hollywood history. Wynn was nominated for an Academy Award (for “The Diary of Ann Frank”) and Attenborough won one, Best Supporting Actor Award in 1967 for “The Sand Pebbles.” Cabot wasn’t quite in their class, but he was a solid pro, and looked more like Santa Clause than Mitchell,  Wynn, or Richard Attenborough.

None of them, however, were as convincing as Edmund Gwenn. He made many movies—all without a white beard— and had a distinguished career in films and on stage, but even audience members who knew his work had a hard time reminding themselves that he wasn’t Kris Kringle while they watched the movie. I still have a hard time.

The rest of the cast is almost as perfect.  The film is one more example of the special, unappreciated talent of Maureen O’Hara, who never seemed like a movie star, as lovely and strong an on-screen presence as she was. Her ability to anchor great movies while never dominating them is the epitome of the “collaborative art” they always blather about during the Oscars, but which is seldom truly honored. There were Katherine Hepburn movies and Bette Davis movies; there are Meryl Streep movies. Nobody ever talked about Maureen O’Hara movies, just great movies that had Maureen O’Hara essential to making them great. O’Hara was the female lead in four genuine classics: “The Hunchback of Notre Dame,” “The Quite Man,” “How Green Was My Valley,” and “Miracle on 34th Street.” She never won any Academy Awards, nor is she ever named when the greatest Hollywood actresses are named, but how many actresses delivered four classics—not classic performances, but classic films?  Hepburn ties Maureen with four: The Philadelphia Story,” “Bringing Up Baby,” “Adams’s Rib” and “The African Queen.”  Streep maaay be credited with one, if you count “Sophie’s Choice”; personally, I wouldn’t.

“Miracle on 34th Street” is an ethics movie in part because its artists committed to telling a magical story and charming audiences by working as an ensemble selflessly and  efficiently. John Payne, as the idealistic lawyer in love with Maureen, is never flashy, just completely convincing. One reason may be that, as he told an interviewer once, the role of Fred Gaily perfectly matched his own ideals and beliefs. Payne never made another memorable movie in his long career; he was the classic bland, B movie leading man. He made Glenn Ford seem exciting. But he was the perfect choice for this story.  Similarly, there have been more impressive child actresses than young Natalie Wood—Margaret O’Brien, to name one; Dakota Fanning, to name another—but none who was better at simultaneously nailing her scenes while never taking a viewer out of the film by making him think, “Wow, she’s so precocious! I wonder if she’s a midget?”

This is the magic of performing talent: they make audiences suspend disbelief because they seem to believe in the story and characters too. The director,  George Seaton (who also directed “Airport”), not only wrote the script (that won him an Oscar, and deservedly so)  and cast his movie brilliantly, he also made the correct decision to stick with a matter-of-fact, realistic, unadorned style that keeps the story grounded. There are none of the features and gaffes in this film that make other holiday-themed movies inherently unbelievable, like the cheesy battlefield sets in “White Christmas” or the heavenly dialogues in “It’s a Wonderful Life.”

This is why the awful colorized version that Ted Turner inflicted on the world—this was one of the first movies to be subjected to Ted’s “improvement”—was such a disaster. The colored version looks fake, because it is. The original black and white version is set in a mundane, grey world like Doris’s—Maureen’s–view of life itself: no excitement, no romance, no fantasy, just cold, unadorned reality. No heaven, no magic, ghosts, nobody breaking into song and sounding like Bing Crosby. There’s no child’s point of view, like in “A Christmas Story.” No, all of us live in the world we are shown in “Miracle on 34th Street.” We would love the magic to be real, but we don’t believe in it any more.

We want it to be, though—and that’s why this movie works.

Chapter 1.

Meet Kris Kringle

The movie tells us right at the start that 1) the charming old man in the white beard can’t possibly be Santa Claus, and 2) that he’s nuts. That is, he tells adults who are paying attention this as soon as he starts complaining to a New York City storekeeper that his window display has the reindeer mixed up: “You’ve got Cupid where Blitzen should be. And Dasher should be on my right-hand side. And another thing…Donner’s antlers have got four points instead of three!”

Let’s see:

  • No Christmas display has ever distinguished between Santa’s reindeer (except for Rudolph), because the individual reindeer have never had any identifying characteristics in reality or myth. Are we to assume that there are name-tags on the models? If so, why wouldn’t Kris be complaining about the features of all of them, not just “Donner’s” antlers?
  • The names of the reindeer, even if there are flying reindeer, were 100% the invention of the poem “A Visit from St. Nicholas,” or “The Night Before Christmas,” originally published in 1823.  No one has ever claimed that the author had some kind of special info on the actual names of the reindeer when he wrote,

    More rapid than eagles his coursers they came,
    And he whistled, and shouted, and called them by name;

    “Now, DASHER! now, DANCER! now, PRANCER and VIXEN!
    On, COMET! on CUPID! on, DUNDER and BLIXEN!

    …and anyway, if he did, those were their names 120 years before the movie takes place. Nobody has ever claimed the reindeer were immortal, either. I suppose Santa Claus, in a nod to the poem’s popularity (it has been called the most famous poem of all time), could have adopted the practice of always having the reindeer named after the poem’s versions, and when one Vixen dropped of old age, the young reindeer that took her place became the new Vixen.

I suppose.

  • A bigger problem is that the movie’s alleged “St. Nicholas” calls the seventh reindeer “Donner.” It gets confusing here. The original St. Nicholas was Greek, the Christian bishop of Myra, now Demre, in Lycia.  Nicholas gave gifts to the poor, in particular presenting three impoverished daughters of a pious Christian with dowries so that they would not have to become prostitutes.  THAT would be neat poem! Saint Nicholas is buried in Italy. He was later claimed as a patron saint of children (also archers, sailors,  pawnbrokers, and the cities of Amsterdam and Moscow). The name “Santa Claus” is derived from the Netherlands version of St. Nick called Sinterklaas,  or “the Christmas man,” de Kerstman in Dutch. This explains “Dunder and Blixen,” meaning thunder and lightning in Dutch, and the movie later confirms Kris’s Dutch origins. (But why does he speak in a British accent?)

Never mind that: why would he call Dunder “Donner”? The “real” Santa wouldn’t. Though the original version of the poem got the names right (we know it’s Blixen and not “Blitzen” because it rhymes with Vixen), various editors, transcribers and  the author himself kept changing the names in subsequent printings. Dunder became “Donder” and eventually “Donner,” which is a meaningless Anglicizing of “Dunder.”

Santa Clause, aka Sinterklaas,wouldn’t be confused: he named the beasts. He’s correcting the shop-keeper while passing along a misnomer?

Baloney.

Well, enough of that. The next scene shows Kris encountering the Macy’s Thanksgiving Day Parade Santa pre-parade. He instructs him in the use of his whip on the reindeer! In the German Santa mythology, the jolly old elf used the whip on naughty children, but nowadays, using a whip on either kids or reindeer is pretty much excised from Santa’s methods, and should have been in 1947. It’s an unethical image…

…even though artists have worked hard to confuse us….

No, an ethical Santa Claus wouldn’t use a whip. He also wouldn’t put a poor old guy with a drinking problem out of work during the holidays, but that’s what Kris does next. He smells liquor on the costumed Santa, and shows no mercy:

“Don’t you realize there are thousands of children… lining the streets waiting to see you… children who have been dreaming of this moment for weeks? You’re a disgrace to the tradition of Christmas… and I refuse to have you malign me in this fashion. Disgusting!”

Then he tracks down Doris Walker, who is in charge of the parade, and gets the man fired. That’s just mean; there’s no way around it. I bet a lot of Macy Santas have had a few nips before and during the parade, and so what? How hard is it to say “Ho Ho Ho”?

Kris manages to get Drunk Santa’s job, having single-handedly gotten him sacked, no pun intended.

Why is Kris, if he’s the real Santa Claus, hanging around New York City and moonlighting in the Macy’s parade when the big night is just around the corner? This is no time for a vacation or boondoggles. If he’s really Santa, he’s goofing off, and he has the gall to tell a temporary parade Santa that he’s risking disappointing children!

Kris is not off to a good start. Continue reading →

Ethics Snacks Between Making The Stuffing And The Traditional Cranberry Salad, 11/24/2021: Trials, Pots, Pariahs And Cheapening Citizenship

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Have a wonderful, ethical Thanksgiving tomorrow, everyone!

1. Trials and tribulations: All three of the men involved in the vigilante murder of Ahmaud Arbery were found guilty of murder. Given the facts of the case, I don’t see how, and never could see how, any other result was possible even without the ever-present threat of rioting if even one of the men was acquitted. I also don’t understand why the defense lawyers couldn’t talk the men into pleading guilty. Maybe they tried. It is unethical for a lawyer to pressure a client into pleading guilty, so the “You can plead guilty or find yourself another lawyer” tactic is sanctionable.

The Post story includes this passage:

For many, the trial took on even more weight after the acquittal last week of Kyle Rittenhouse. The White teenager successfully argued that he shot three people — killing two — in self-defense, after driving to Kenosha, Wis., to help protect businesses and property when protests over the police shooting of a Black man turned violent.

“Many” ignoramuses. perhaps? There is no legitimate comparison between the two cases, and anyone who claims there is has slapped a neon-bright “I don’t know what I’m talking about” sticker on his or her forehead.

2. More trials and tribulations. I don’t understand this one at all. Jurors found organizers of the “Unite the Right” rally in Charlottesville, Virginia in 2017 liable under state law for the injuries to counter protesters when the two groups clashed and a riot ensued The defendants were hit with more than $25 million in damages. The rally had a permit, the counter-protesters did not. The authorities did not adequately protect the “Unite the Right” marchers or do enough to keep the groups apart.

A rogue demonstrator, James Fields, used his car to kill counter-protestor Heather Heyer, 32, and is serving a life sentence for the crime. Yet the group, which was marching legally, is somehow liable for what he did. As far as I can see, the jury’s decision was based on the theory that the organizers’ rhetoric around the march was “hate speech” and that they should have known that it would incite violence.

The organizers’ rhetoric around the march was protected political speech, and this case is punishing ideas and words that the jury doesn’t like. It’s a dangerous, terrible precedent resulting from a political show trial, and should be overturned on appeal. (Read Simple Justice’s commentary here.) [Pointer: johnberger2013]

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The New York Times Has An Outbreak Of Integrity In The Midst Of Its Progressive Bias Fever!

books

The Times has compiled its list of the “best books of the last 125 years” as part of the celebration of the 125th anniversary of its Book Review Sunday supplement. Readers are invited to vote for their favorite on the list of twenty-five.

Here is the list:

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Thanks, Professor: We Needed That

Professor Ronald S. Sullivan, Jr. is criminal law specialist who trains Harvard Law students and practices law. He has just issued a superb explanation and analysis of the Kyle Rittenhouse verdict—fair, objective, and best of all, readable by those whose eyes usually glaze over at legal scholarship.

It should, in a just and sane society, permanently shut up—embarrass, even— the politicians, celebrities, and social media dolts who are still calling the jury’s verdict “racist” or an indictment of the legal system. Of course, it won’t. If there is a more annoying example of people loudly braying uninformed opinions about a technically complex matter that they know little or nothing about, I can’t think of it right now.

On “The View,” ABC’s depressingly popular “gullible idiots watching progressive idiots” news show, panel leader Whoopi Goldberg (because in the land of the blind…well, you know the metaphor), declared that Rittenhouse was a murderer. People will take that as authority, you know. She played a video of Anthony Huber’s father on CNN holding an urn containing his son’s ashes and emoting bitterly against Rittenhouse going free, as if the lament of a parent in such situations ever is anything but an irrelevant appeal to emotion. Then, armed with this irrefutable “evidence,” Whoopi gave her verdict on Rittenhouse, saying of Huber (who was shot while beating the teen with a skateboard), “He saw someone get shot. He thought he was doing the right thing. So … even all the excuses in the world does not change the fact that three people got shot. Two people were murdered. To me it’s murder. I’m sorry.”

I’m sorry too, Whoopi. I’m sorry you lack the sense of responsibility to keep your opinions on issues you don’t have the knowledge and background to understand to yourself, and instead wield them to make the public stupid. I’m sorry you believe “thinking you are doing the right thing” is ever a justification for doing the wrong thing (and you don’t believe that yourself: were the men who lynched Emmett Till blameless because they thought they were doing the right thing?). You have no way of knowing what Huber thought anyway. I’m sorry you are so ignorant that you can say something like “if he shot them and they died, then he’s a murderer,” which is redolent of your failure to take the initiative over the years to fill the gaps in your high school dropout education. Mostly I’m sorry that you’re not getting enough work as an actress and comic, both occupations you’re brilliantly qualified to do, so you’re stuck with being an incompetent pundit for a living.

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Thanksgiving Week Dead Zone Ethics Whispers, 11/23/21: The ABA, Kevin Spacey, BLM, Huma, And The Times Doesn’t Think All The News Is Fit To Print

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This week is always the deadest of the year as far as EA traffic is concerned, and therefore doubly depressing. This year the anniversary of JFK’s assassination, an ongoing trauma, along with my wedding anniversary (41 years!) today, making me unpleasantly conscious of the rapid passage of time and opportunities, and Thanksgiving, which is an annual pageant of loved ones lost forever, was stuffed into four days. Along with all that, there is the shopping, the cleaning, the cooking and the other annoying preparations for judgemental guests—and the duty of getting ethics posts up that few bother to read.

But hey, I’m thankful! I am!

1. That’ll teach him! (Well, possibly not…) An arbitrator ordered actor Kevin Spacey to pay nearly $31 million to MRC, the production company that owned “House of Cards,” afterconcuding that Spacey breached his contract by violating the company’s sexual harassment policy. Spacey’s sexual harassment scandal, which began with a now withdrawn accusation and poor response by the actor, and then quickly mushroomed into multiple allegations of sexual assault and misconduct. MRC severed its relationship with Spacey and the successful political drama he dominated, and cancelled the 2017 season after members of the production people came forward to allege a pattern of sexually predatory conduct.

This is an extreme example of what having dead ethics alarms can do to one’s career and life.

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Was Nixon Brought Down By A Prosecutors’ Conspiracy?

watergate

Geoff Shepard‘s intriguing new book, The Nixon Conspiracy: Watergate and the Plot to Remove the President , is out today. Shepard, a Nixon aide who turned against his former boss during the Watergate hearings after hearing some of the Oval Office tapes, has assembled a large amount of what he calls “irrefutable” evidence that President Nixon was victimized by extreme prosecutorial misconduct in a “deep state” effort to bring him down. He has even set up a website where those documents can be reviewed.

Shepard, who has been obsessed with Watergate for decades and has written three previous books about the scandal, forced the release of a secret prosecutors’ “road map” used to convince a grand jury to indict key Watergate figures and spur the impeachment inquiry. He also claims his research shows that Watergate prosecutors were coordinating with Judge Sirica, which was one reason many of them, included the sainted Special Prosecutor Archibald Cox, improperly took documents with them when they left the case. Amusingly (I guess), the Washington Examiner calls this “a big legal no-no.” That’s one way of putting it, I guess—a stupid way. If true, it’s grounds for disbarment for the lawyers and impeachment for the judge.

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Comment Of The Day: “Comment Of The Day: A Rittenhouse Verdict Inventory…Part III: Facts Don’t Matter”

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Russian dolls-style Comments of the Day can be the best feature of Ethics Alarms, when erudite commenters do a tag-team job on complex issues. So it is in this case, with Humble Talent taking off from Steve-O’s astute chain reaction observation.

What is remarkable to me is that the conversations about Rittenhouse’s travails somehow never explored the fact that all three of those he shot were felons with significant criminal records. The first I realized this was when I was directed to Ann Coulter’s piece.

While it is irrefutable that this information should not have been brought to the jury’s attention because it was inherently prejudicial, it is also irrefutable that the fact that the three men were 1) violent lawbreakers and 2) white fatally undercuts much of the Left’s narrative, as mapped out by the news media. It is particularly weird that now, after the verdict and when the proclivities of the three men have finally been widely revealed, the Rittenhouse-Deranged are still talking about them like they were peaceful demonstrators who wanted nothing more than to ensure racial justice, social equity, rainbows and moonbeams for all humankind. Actor-activist (good actor, fatuous activist) Mark Ruffalo’s tweet was a classic of the genre: “We come together to mourn the lives lost to the same racist system that devalues Black lives and devalued the lives of Anthony and JoJo.”

Huh? “Jo-Jo” raped five boys. It’s awfully hard to “devalue” the life of someone like that, who has had negative value to society. If Ruffalo knows this, then his tweet is demented. If he doesn’t, then it’s irresponsible. Either way, shut up and act, Mark.

Here is Humble Talent’s Comment of the Day on the post (by Steve-O-in NJ), “Comment Of The Day: A Rittenhouse Verdict Inventory…Part III: Facts Don’t Matter”

***

I don’t know if it makes any difference, but I was thinking about the left’s newly beloved “JoJo” and the narrative that Kyle didn’t have any business being on scene.

We knew, previous to this, that “JoJo” Rosenbaum had just been released from a mental health institution. We knew that he was off his meds. We knew that he had several prior convictions for molesting children. We knew that the bag that he threw at Kyle was filled with toiletries that he took home from the mental institution, and that he had that in part because he hadn’t even gone home to change. He was released the night of the riot and immediately went on about the business of rioting. We know that he appeared hyper-aggressive all night, we know that he called some of the people in Kyle’s group, quote, “niggers”.

Aside from that last sentence, Kyle knew none of this, so it really shouldn’t factor into the actions of Rittenhouse on that fateful August night. But if we’re going to armchair quarterback the plays that Kyle was making, maybe it makes sense to ask questions like “What was “JoJo” doing there?” Because there are a whole lot of reasons to believe that he wasn’t even aware the Blake shooting had occurred.

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