To Be Fair, Some Conservatives ARE Hysterical Over The SCOTUS Decision in Bostock….

… which is sad. Gerald Bostock, Aimee Stephens and Donald Zarda, the appellants in the three cases decided yesterday, were discriminated against by their employers for no other reason than what they were, or had decided to be.  In a 6-3 decision, the Supreme Court decided that this breached  the landmark 1964  civil rights legislation which banned discrimination in the workplace on the basis of race, religion, and gender, or what the law called “sex.”

This morning I criticized the Times for a cut line  in its print edition that read “A Trump justice delivers an LGBT ruling that demoralizes the Right” as a gross exaggeration and “psychic news” —how does the Times know that conservatives are “demoralized”? However, I did recently encounter an article in The Federalist by a conservative who not only was apparently demoralized by the decision, but driven to the edge of madness. In all fairness, I thought I should mention it.

Joy Pullman, the author, is a Hillsdale College grad and an executive editor of the Federalist, which will lead me to be a bit more careful using the magazine as a source in the future.

As a preface, I note that Pullman isn’t a lawyer, and I see nothing in her background that suggests qualifications to analyze a Supreme Court decision. Indeed, I see nothing in the article that suggests that she read the majority opinion and the dissents. I’m guessing that she read a news article about the decision, or maybe a critical blog post. Well, a non-lawyer can only criticize a SCOTUS ruling according to his or her policy and ideological preferences. I don’t know why the Federalist would entrust an essay about the decision to someone like Pullman, though she is an executive editor.

Hear are some extreme and irresponsible statements from the piece, which has an extreme and irresponsible title that kindly warns us of the hysteria to come: “SCOTUS’s Transgender Ruling Firebombs The Constitution”: Continue reading →

Lunchtime Ethics Appetizers, 6/16/2020: ALS, Artistic Freedom And Arrogance [UPDATED]

Bon Appetite!

1. Today’s fake news note from the New York Times: “A Trump justice delivers an LGBT ruling that demoralizes the Right.” This completely fabricated observation, a variety of fake news I refer to as “psychic news,”purports to, first, characterize the “Right” as a monolithic, anti-LGBT mob, in the way the Left really is a monolithic, anti-Trump mob, and second, claim an extreme reaction to the decision that just doesn’t exist. The Times front page says the 6-3 decision was one “few expected.” That’s deceit: most analysts I read reached the same conclusion I did, which was that a 5-4 decision supporting the interpretation announced yesterday had at least a 50-50 chance of coming down. I did not expect the vote to be 6-3, but anyone familiar with how these things line up shouldn’t be shocked. Once he realized that the majority was going to hold that discrimination against gays and transgender individuals illegal, Justice Roberts may have joined the majority so that he could assign the opinion to Justice Gorsuch, for example.

President Trump has never indicated any animus towards gays or same sex marriage (Pence is another story); the presumption that the President’s supporters are horrified that discrimination against gays and transsexuals wasn’t upheld is just another version of the “deplorables” slur. Moreover, I believe the decision, and the fact that Justice Gorsuch joined with the Left wing of the court to cement it makes the President look good to all but reflex Trump-haters. His job is to appoint competent, open-minded justices, and he has. Gorsuch was never a conservative ideologue, though the Democrats who opposed him in the Senate falsely represented him as one. The decision also makes the Supreme Court look good by once again proving that it is not the lock-step partisan body Democrats claim, and that Chief Justice Roberts has correctly denied. It would be even better if the Court’s block of four liberals were as open-minded and non-partisan as Roberts, Gorsuch, and in other recent cases, Kavanaugh have shown themselves to be. Continue reading →

Yes, I Think EBay Has Wrapped Up The “Most Unethical Fortune 500 Company Of The Year” Prize…

Yikes.

Six eBay employees mounted a cyberstalking campaign  including sending boxes of live spiders and cockroaches and a Halloween mask of a bloody pig’s face —followed by a threatening Twitter message— against a Natick, Mass. couple who ran an online e-commerce newsletter, according to charges filed by federal prosecutors yesterday.

I’ve never heard of anything like this, except perhaps in one of the cheesy horror movies I watch late at night to anesthetize my brain.

The employees, all of whom have now left the company, engineered a campaign against the couple that included ominous emails and deliveries on unordered products obvious chosen to terrify, such as a bloody pig mask, a funeral wreath and a book about how to surviving grief after the death of a spouse. Just to enrich your nightmares, here are the mask and the book: Continue reading →

Comment Of The Day: “Ethical Quote Of The Month: French President Emmanuel Macron”

Prolific commenter Steve-O-in-NJ was on a roll last night, ultimately producing the epic Comment of the Day below regarding French President Macron’s unequivocal rejection of historical airbrushing and statue toppling in his country.

Earlier, Steve had made the sharp observation that the George Floyd Freakout mobs and their complicit elected officials and journalists are simultaneously demanding sanctification of the image and memory of Floyd, whose life consisted of a series of socially destructive and irresponsible acts,  while demanding the de-honoring of important historical figures world wide. “The only thing he ever did of note was to die at the hands of a crazy cop,” he wrote. “Yet we’re supposed to brush his history aside and worship him as some kind of new saint. Columbus achieved one of the greatest things ever done. Jefferson wrote the [Declaration of Independence]. Washington was the father of this nation. Churchill saved the world in its darkest hour. Yet we’re asked to forget their achievements and reduce them to their failures. Anyone want to explain the logic here?”

Logic, except to the extent that cultural lobotomies are a tool of revolution and totalitarianism, has little to do with it. Nor does perspective and erudition, as proved by UK Activist Lorraine Jones, who is chair of the Lambeth Independent Police Advisory Group Jones was asked about the wisdom of removing a statue of Winston Churchill in London that has been a target of local protesters.

“I’ve heard many arguments on both sides,” Jones told reporters. “Some say that he’s a racist, some say that he’s a hero. I haven’t personally met him, but what I would say is that that question of whether he should remain should be put to the community.”

She has no idea who Winston Churchill is.

Here is Steve-O-in-NJ’s Comment of the Day on the post, “Ethical Quote Of The Month: French President Emmanuel Macron”:

I discussed the attempted airbrushing of history here by the removal of several monuments to the Confederacy or its adherents some time ago. At the time I would have described the feeling underlying it as what I would call a moral panic, similar to the overwhelming fear surrounding role-playing games in the 1980s or the unreasonable response to New Zealand’s Mazengarb report. However, moral panics usually ebb and flow and eventually the majority see how silly they really are. I was wrong, this was not a case of a moral panic. This was a case of a chisel often used by the left, that of iconoclasm, finding an opening and being used to chip away at society in an attempt to recurve it in their image. It’s now spread to Columbus memorials, and is starting to seep into memorials to the Founding Fathers and now even to Abraham Lincoln and Churchill(?!).

Iconoclasm, defined broadly as the organized destruction of images or symbols, has been around pretty much since man started erecting symbols and memorials to individuals, groups, ideas, or anyone or anything deemed important enough to build a lasting memorial to. Sometimes it was practiced in straight-up war between nations or civilizations, as a way to damage the enemy’s morale, although it ran the risk of making him angrier instead. Sometimes it was practiced in internecine conflicts, when one group seized power over another. Occasionally it has been performed simply as a matter of political policy, without actual armed conflicts.

Examples of the first category include the sack of the Jewish Temple by Nebuchadnezzar, the Byzantine Emperor Heraclius’ destruction of the Persian fire temple at the Throne of Solomon (this one particularly thorough, with the knocking down of the temple, the extinguishing of the holy fire, and the deliberate pollution of the sacred lake with dead bodies), and the Muslim policy of destruction of religious symbols of those they defeated: the Persians’ holy standard, the original church at Santiago de Compostela (for which the Muslim rulers of Seville later paid a terrible price at the hands of St. Ferdinand of Castile), and countless Hindu idols and temples. Continue reading →

A Poe’s Law Spectacular: These People Are Silly and Incompetent. Why Is Seattle Tolerating Them?

Seattle’s CHAZ—no, wait, it’s CHOP now—police-free zone occupiers, who are giving me flashbacks to the gibberish-spouting SDS campus radicals who took over Harvard’s administration building in the spring of 1969, released their conflict resolution plans, being anarchists and all:

We will form a unique system called the Conflict Resolution Advisory Council.

  1. We hold a community democratic vote to appoint three people to the Council. To eliminate prejudice, we elect one Black man, one Black woman, and one white woman. Each person should undergo at least one 45 minute sensitivity and political training session which we can help organize.

  2. Whenever there is an internal conflict in the Zone, it will be put to the Council. Both people will have an opportunity to present their side of the story to the Council to review.

  3. The Council members will decide on a fair resolution and provide it as advice. Initially the Council will be advisory only. In the future the system could evolve to become more mature with binding resolutions, impositions, retribution, enforcement, and imprisonment.

The appointed people will hear out and settle any internal disputes within the Zone. We’re not suggesting that this Council members become leaders or judges, only referees in case of internal conflicts.

I’d love to ask them to explain how having a black man, a black woman and a white woman will eliminate prejudice, but never mind. Oh, wait! All prejudice and injustice is caused by white men! Got it.

Posted on Reddit were the following amendments to the council plan. Nobody is quite sure if they are real, or a Monty Python-caliber spoof. How would one tell? The Seattle occupiers are silly, uneducated and incompetent, and they are obsessed with progressive, inclusivity, and diversity cant. What follows, if it’s genuine, makes the Green New Deal seem like the Magna Carta. If it isn’t (which i fervently hope), then the People’s Front of Judea (PFJ) from “The Life of Brian” is still doing marvelous work.

I’m pretty certain that by Edits 8 and 9, the brilliant wag who wrote this is revealing the gag…but I’m still not sure. That’s how ridiculous this group is that Seattle now indulges to the disruption of its city and the affront to its saner citizens. Continue reading →

Ethical Quote Of The Month: French President Emmanuel Macron

Jean-Baptiste Colbert, controller-general under King Louis XIV, who drafted the Code Noir, or Black Code, which regulated slavery in French colonies.

“I will be very clear tonight, compatriots: The Republic won’t erase any name from its history. It will forget none of its artworks, it won’t take down statues.”

—Emmanuel Macron, President of France,  during a televised speech yesterday.

While vowing to be “uncompromising in the face of racism, anti-Semitism and discrimination, the French president said everyone in the country “should look at all of our history together,” with an aim to find the “truth” instead of “denying who we are.”

Perfect.

In A 6-3 Vote, SCOTUS Holds That Workplace Discrimination Against Gay and Transgender Employees Violates Existing Federal Law

Back in October I wrote about these cases, including the case involving whether businesses requiring employees to dress in traditional gender-specific garb discriminated against transgender workers without violating federal civil rights law.  Solicitor General Noel Francisco and other Justice Department attorneys argued just that , claiming that Congress didn’t intend to include transgender status when it passed Title VII of the 1964 Civil Rights Act (I think that’s obvious), so the law’s ban on discrimination because of “sex” referred only to unequal treatment of men and women in the workplace.  In  R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission, the Justice Department opposed the position of the Equal Employment Opportunity Commission that the firing of  former funeral home director Aimee Stephens after she announced she would transition from male to female violated the Act, arguing that redefining sex discrimination was a job for Congress, not the courts. I wrote at the time,

It seems clear that giving LGBTQ Americans the same protection against discrimination as other minorities is the ethical course. This seems to be a technical dispute over whether the Courts or Congress should  fix the problem. That argument is worth having, and I would not be shocked in a SCOTUS majority said that the omission in the law was unjust, but it was not the Court’s job to fix it. In the long run, it will be illegal to discriminate against LGBTQ citizens in the workplace, as it should be. The only question is how drawn out, angry and divisive the process will be to get there.

Well, we have our answer. Continue reading →

Unethical Quote Of The Month: CNN’s Brian Stelter

“You understand that, like, some day you’re going to regret this, right? Some day you’re going to regret this, when your kids and your grandkids look back at this time, and you use slurs and smear us as fake news to hurt news outlets. I think in 10 or 20 years if we sit down and talk about this, you’ll recognize how damaging it was to use terms like fake news, to attack journalists who are trying to do their jobs.”

—-Brian Stelter, CNN’s alleged media expert, excoriating Trump campiagn legal advisor Jenna Ellis.  on his Sunday show “Reliable Sources.”

And with that, Stelter completed an unholy CNN trinity  with Don Lemon and Chris Cuomo who have had on-air emotional outbursts and tantrums because, to put it simply, none of them are very smart or professional. The antics of all three would embarrass any legitimate, trustworthy news organization, which CNN obviously is no longer, and the fact that it continues to employ Stelter, a virulent partisan who covers for CNN’s constant journalism sins, is a smoking gun, one of many. Continue reading →

Morning Ethics Warm-Up, 6/15/2020: Cancellations!

Good Morning…

1. Facts don’t matter...On HLN today,  CNN’s police expert James Gagliano explained to smiley-face host Robin Meade why his experience tells him that the police shooting at the Atlanta Wendy’s was justified. (His reasoning turns up in printed form here.) Her response? “This is going to be an unpopular opinion!”

Uh-oh. Can’t have that!

2. Cancelled! From The Future of Capitalism website, here is an updated list of the people who have been fired or otherwise “cancelled” in the wake of the George Floyd Freakout:

  • As we have discussed,the editor of the editorial page of the New York Times, James Bennet.
  • The founder and CEO of CrossFit, Greg Glassman, for referring to the Freakout as the Floyd19 virus.
  • The president of the Poetry Foundation, Henry Bienen, and its board chairman, Willard Bunn III, for issuing a public statement that was deemed  “vague and lacking any commitment to concrete action.”
  • The editor-in-chief of the food magazine Bon Appetit, Adam Rapoport, after photo surfaced of him in 2004 “dressed in a racially insensitive costume.” You know, like the woke Governor of Virginia and the Prime Minister of Canada.
  • The head of video at Conde Nast, Matt Duckor, who critics said presided over a racially biased compensation system.
  • The top editor of the Philadelphia Inquirer, Stan Wischnowski, because he approved of a headline that read “Buildings Matter, Too.” (They do, but never mind…)
  • The editor of the website Refinery29, Christene Barberich, after black employees complained about the work environment.
  • David Shor, a political data analyst, was fired for having tweeted out a summary of a paper by a Princeton sociology professor.
  • Audrey Gelman, CEO and co-founder of the Wing, a co-working community for women, for requiring diversity and antibias trainings that were deemed inadequate.
  • University of Chicago professor of economics Harold Uhlig was placed on leave from his role as editor of the Journal of Political Economy following “accusations of discriminatory conduct in a classroom setting.” Uhlig also had his contract with the Federal Reserve Bank of Chicago canceled after a Fed spokeswoman said the bank determined “that his views are not compatible with the Chicago Fed’s values and our commitment to diversity, equity and inclusion.”
  • St. John’s University assistant fencing coach Boris Vaksman was fired “after making derogatory remarks about black people in a private lesson” according to “what appears to be an edited video,” the New York Times reported.
  • Stephen A. Huffman was dismissed by TeamHealth from his job as an emergency room doctor in Ohio after publicly speculating about why blacks have been hit particularly hard by Covid-19.
  • The CEO of Crisis Text Line, Nancy Lublin, was “ousted by the nonprofit’s board of directors on Friday, in response to allegations of racism and mistreating staff,” Axios reported.  The board also said that “at least two members of the board will be replaced with black, indigenous, or persons of color candidates” and “Anti-racist trainings for board members will begin in July.”
  • Canadian television personality, Jessica Mulroney’s  show, “I Do, Redo,” was canceled by its Canadian network after a blogger accused her of exhibiting “white privilege,” the New York Post reported.
  • Barbara Fedida, an ABC News executive, was placed on “administrative leave” after what a HuffPost article based on unnamed sources described as “a long pattern of insensitive statements, including racist comments.”

I’m glad I run my own company. Continue reading →

Comment Of The Day: “Another Unarmed Black Man Is Shot And Killed By Police In Atlanta, And Facts Don’t Matter”

In these police-involved shootings where the victims are African-Americans, facts really don’t matter to the activists, protesters, race-hustlers, and all too often, the news media. Tragically, all has unfolded as the Ethics Alarms post foresaw when I wrote it last night, but then an idiot could have see this coming from the moment the police were called.  I’ve said that I am 75% serious when I suggest that the policy should be that the police will refuse to interact with any African American lawbreaker or suspect, because  it is a no-win situation. If black communities want to be protected from non-white criminals, then let them agree on reasonable terms or handle it themselves.

The more I read, hear and watch, the more that percentage ticks up.

Here is the Comment of the Day, by James Hodgson (who actually knows something, though facts don’t matter during the George Floyd Freakout), on the post, “Another Unarmed Black Man Is Shot And Killed By Police In Atlanta, And Facts Don’t Matter”:

I was previously a TASER instructor and have experienced the effects of the weapon many times in training scenarios. (My experience ended with the X-26 Model which my agency was using at the time of my retirement in 2014.) Powered by compressed nitrogen in the weapon’s cartridge, the TASER fires two small barbed darts (they look like straightened fish hooks) intended to puncture the skin and remain attached to the target individual. The darts are connected to the TASER by thin copper wires and carry an electric current which disrupts muscle control, causing “neuromuscular incapacitation”.

The TASER is marketed as “less-lethal” since the possibility of serious injury or even death exists any time the weapon is deployed, especially if it is deployed incorrectly or by untrained persons. Officers are trained to scrupulously avoid any TASER shots above the shoulders due to the possibility of serious eye injury from the darts and/or delivery of the electrical current to the head/brain. Continue reading →