The Theater World Shows How To Embolden White Nationalists: Discriminate Against Actors For Being White

Even white actors, as long as they are willing to be treated as if they aren’t wanted…

“Backstage,” a popular industry website for actors and technicians, recently posted a casting call for an ensemble production Off-Off Broadway in New York City. The post included this…

and this…

It also offered this…

As soon as an enterprising journalist at the Daily Wire began querying the playwright about these discriminatory requirements—of course they are illegal, but he got statements from two Constitutional scholars to pass along—the Back Stage announcement was changed to reflect no racial disparities.

Fascinating. Continue reading

Comment Of The Day: “Sunday Ethics Reflections, 8/12/2018: Division And Divisiveness”

Yes, but you have to understand the context…

Well, that was embarrassing. The following epic comment on divisiveness was stuck on the tarmac for a few days, and then I compounded the indignity by quoting a lesser pundit on the same topic in the previous post. If it’s any consolation, Jonah Goldberg gets more web traffic than I do, too. There is no justice.

Here is Chris Marschner’s excellent Comment of the Day on “Sunday Ethics Reflections, 8/12/2018: Division And Divisiveness: 

“Keep being intentionally divisive, and eventually you’ll get division.”

No truer words were ever spoken.

On the anniversary weekend of the incident in Charlottesville the media hammered home the point that I am not worthy to live in their civil ideal society. Why do I interpret their coverage this way you may ask? Perhaps it is because I reject the notion that any person’s opinion should be silenced and I stand with those that reject the proposition that select populations should have the ropes of past injustice be perpetually hung around the necks of those that have neither the personal history, desire nor ability to economically discriminate or oppress anyone. I have no problem with refutations of opinions – I would encourage them – but my tolerance for those that suggest that only they have the right to determine what is good and proper is waning; especially in light that those people often cast wide nets in their sanctimony; which is no different than the behaviors of others they claim results in their oppression.

Why would many marginalize me for my belief that I simply do not believe that because one gender or race is in greater or fewer numbers relative to their overall population than another in a given population it is prima facie evidence of discrimination and bias. For if I did, I would have to believe that males are discriminated against in teaching positions within the primary and secondary grades, in most health occupations today, and within the administrative support positions in many public and private institutions. I would also have to believe that white sports team owners discriminate against whites because they are under-represented on most teams with the exception of perhaps hockey and soccer. Numbers in any occupation are a function of human choices and capabilities. Even if one feels fully capable of running a fortune 500 firm as the CEO, one’s choice is the primary gatekeeper because if one never applies to reach that goal then only those that do stand a chance.

Bias is only ever seen in others and not in themselves.

No group sees bias when deriving benefits of bias as a group. For example, women see no bias when they are treated as superior care-givers and thus courts favor them more frequently in child custody cases. No one sees the abject bias in the violence against women act. Why is that? What makes an assault on a woman worse than an assault on anyone for that matter? I might be able to see different charges based on differential physical stature but not on gender. Why not a violence against the frail and weaker act? I see no outcry from women and minorities when most of the SBA programs favor women and minorities even though the data show that they are creating more new businesses than their white male counterparts for almost the last twenty years. There are no special programs to increase male enrollment in post secondary education even when their numbers are being outpaced by female enrollment and graduations. No one is running to change the selective service rules that create lifetime bars to federal employment, education grants and other federal benefits for failure to register for the draft by age 26 even though women fought for the right to be in forward combat so that promotional opportunities can be afforded to them. Commerce department data show that women control 60 percent of the wealth in the U.S. and 80% of all Consumer spending. One can see the evidence of this in the thematic content in most mass media advertisements. Each of us sees bias through our own lens. Therefore, if a group of white men protest what they think is bias against them that is their right. We can reject or accept their arguments based on the facts presented. When we begin to go down the path of silencing critics we find objectionable we will lose the right to petition for redress of grievances.

Is there any wonder why a growing number of white males may feel less sympathetic to advancing the current notions of progressive policies when the noose of a legacy perpetrated by others is believed to be unfairly tightened around their necks today; which brings me back to Charlottesville. Continue reading

Morning Ethics Warm-Up, 10/22/2017: My Unfair College Admission, U. Penn’s Bigoted Grad Student, Fox News Imitates The Weinstein Company, And THIS Is An Unethical Lawyer…

Good Morning!

1 Yesterday’s ethics  bombshell was the news that Fox News extended its contract with star bloviator Bill O’Reilly earlier this year, knowing that he had agreed to a $32 million settlement with a woman who accused him of  repeated harassment, a non-consensual sexual relationship, and other offenses. Nonetheless, it decided  it decided to sign him a four-year, $25 million a year, contract extension. The New York Times scoop reported that Rupert Murdoch and his sons,  decided that it was worth it to keep O’Reilly even as Fox News was trying to recover after having to fire Roger Ailes for multiple sexual harassment claims. Fox added to the O’Reilly’s extension a clause that allowed for his dismissal if new allegations of harassment or other relevant information came out regarding the previous accusations.

Boy, am I glad that I didn’t lift my personal Fox New boycott after O’Reilly left.

This is unconscionable conduct by Fox, equal in its slimy ethics void to what the Weinstein Group did when it acknowledged its founders sexual predator proclivities in his contract. Fox News, by keeping O’Reilly knowing that he had harassed its employees (and worse),

  • demonstrated to its staff that it cared more about ratings and profits than principles and the safety of its female employees and guests
  • sent the message that if you were a big enough cheese at Fox you can get away with abusing women
  • proved that the sick and sexist culture nurtured by Roger Ailes from the beginning was still flourishing.

Ugh. But I can’t say I’m surprised. [Mr Kimble (Alvy Moore) on Green Acres: ” I can’t say I’m surprised. Actually, I can say I’m surprised. I’m surprised! But I’m not surprised.”]

How many other companies tolerate sexual harassers in their executive offices outside of Hollywood? A lot.

O’Reilly, demonstrating again that he is a liar as well as as a sexual predator, absolutely denies that he ever harassed anyone. He needs better lawyers, then. Harvey Weinstein paid off an actress he raped for just $100,000, and poor Bill had to fork over 32 million bucks for something he didn’t do!

2. This morning’s “Wait—WHAT?” ethics headline is this one, from the ABA News: “Lawyer who blamed ethics case on mother can’t discharge $500K in student debt, federal judge rules.

Illinois lawyer Donald Rosen argued that his three-year license suspension for misappropriating over $85,000 in client funds made it impossible to find appropriate work and so should be allowed to discharge his $500,000 student debt. (How did he end up with a $500,000 student debt?). ‘Uh, no,’ ruled U.S. District Judge Rebecca Pallmeyer, perhaps because Rosen had paid only about $11,000 in student debt over the previous 37 years.

Why did Rosen blame Mom? He claims his 82-year-old mother, who worked at his firm, inadvertently used client funds to pay business expenses.  Rosen said his mother was embarrassed by her actions and falsified bank statements to cover it up. Then, Rosen says, he innocently provided those fake bank statements to police and the hearing board considering the ethics case against him.

3. How can this happen? Why is it happening? Who defends this? How long will it continue? Continue reading

Ethics Quote Of The Week: Prof. Jonathan Turley

“It is astonishing to see the pride of that such individuals taken in their embrace of gender or racial discrimination as a tool of social justice. They see no moral or legal problem with penalizing people due to the color of their skin or their gender. Instead, they foster the same blind stereotypes and prejudices that once segregated societies on these grounds. They learned the history but not its lesson.”

—-Blogging prof Jonathan Turley, writing about a Canadian director who has insisted that white, “cis” males pay a higher ticket price to see his film. It’s called “Justice Pricing.”

Observations:

1 Turley is wrong: there’s nothing astonishing about it, as I just explained.

2. Now we know there is a place for all the anti-democratic social justice warriors who would be very happy to see the U.S. establish unconstitutional “Justice Pricing,” “Justice Hiring,” “Justice Promotions,” “Justice Convictions,” “Justice Admissions,” “Justice Expulsions,” “Justice Taxing,” “Justice Elections,” “Justice Sentencing,” “Justice Justice” and more: Canada.

3. “Justice Pricing” is about as Orwellian as it gets, don’t you think? Continue reading

The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016, Part 1

bad-2016

Welcome, if that’s the word, to the 8th Annual Ethics Alarms Awards.

Last year, in a burst of self-pity as I began this annual task, I wrote,

“It is depressing and discouraging: 2015 was much worse than 2014, which was considerably worse than 2013. What am I doing here? What is the point of spending all of this uncompensated time—it is more profitable bagging groceries!—trying to nurture a more ethical culture and a more ethically competent public when all evidence points to utter futility as the result? Well, that way madness lies, I guess. I’m just going to grit my teeth and do my duty. Last year I began by saying that 2014 was the year of the Ethics Train Wreck. There were far more of them in 2015, and they were more serious and damaging. That should give you sufficient warning of the horrors to come…”

Then came 20i6.

To paraphrase  Margo Channing, “Fasten your seatbelts: It’s going to a bumpy post…”

Ethics Train Wreck of the Year

train-wreck-air

The Hillary Clinton E-Mail Scandal Ethics Train Wreck

I thought last year was the Year of the Train Wreck. Wrong. In 2016, we had the 2016 Post Election Ethics Train Wreck, the Campus Sexual Assault Witch Hunt Ethics Train Wreck, the Freddie Gray Ethics Train Wreck, the old stand-by Obama Administration Ethics Train Wreck, the still active Ferguson Ethics Train Wreck, and the Ethics Train Wrecks of both Presidential candidates campaigns. Hillary’s e-mails and their related lies in the long trail of cars called the Hillary Clinton E-Mail Scandal Ethics Train Wreck, was a clear winner though.

Passengers included President Obama, Bernie Sanders, Anthony Weiner, the F.B.I., Loretta Lynch, Bill Clinton, James Comey and more. And, of course, it played a significant and perhaps decisive role in bringing us President Trump.

Runner-Up: 2016 Post Election Ethics Train Wreck. It had less than a month to get up steam, but it caused lots of ethics carnage, and is still going strong.

Fraud of the Year

The Trump Foundation, which revealed itself to be a near total sham. RUNNER-UP: Fake lawyer Kimberly Kitchen, who worked as an estate planning lawyer at BMZ Law in Huntingdon County, Pennsylvania, and served as president of the county bar, though she never went to law school, and never took the bar exam, but forged documents to fool everyone that she had.

Most Unethical Act By A Major Church

The Catholic Church, which, incredibly, restored a convicted rapist to the priesthood. Father Joseph Jeyapaul,  a Catholic priest from India, while serving in the Crookston, Minnesota diocese from 2004 to 2005 raped at least two adolescent girls.  After being charged with the crimes, including rape and forcing at least one of his victims to perform fellatio on him, Father Joseph  escaped to India, where an Interpol warrant got him extradited back to Minnesota.  There he confessed, and as part of a plea bargain, received an outrageously light sentence of a year and a day for pleading guilty to one count of molestation. Jeyapaul was suspended from the priesthood and served his time in Minnesota. The U.S. deported him back to India, while the Minnesota diocese had to pay millions in a civil lawsuit, during which we learned that the rapist priest had told one of his victims  in the confessional that she was at fault, and had made Jeyapaul “impure” by letting him abuse her. In February, the Vatican lifted Jeyapaul‘s suspension and restored him to the priesthood. It then assigned him to a new parish in India, where he is now the diocesan head of its commission for education. 

Tell me again why that fake news story that the Pope endorsed Trump was supposed to help The Donald.

Incompetent Elected Official of the Year

kkane

Kathleen G. Kane (D), Pennsylvania’s ex-Attorney General.  In October, a judge sentenced her to 10 to 23 months in prison for her conviction on charges of perjury and abuse of her office. You can’t be more incompetent, I’d say, than an elected attorney general who can’t stay out of jail herself. I regret not writing about the Kane saga last year, but her ethical void was fairly apparent back in 2013, the only time I did write about her, after she leaked grand jury testimony, which is illegal. I wrote at the time (I must have been in a bad mood)…

“Leaking grand jury testimony is both illegal and spectacularly unethical for a lawyer, yet Pennsylvania’s Attorney General, Kathleen Kane, appears to have done it for the slimiest of reasons, and is offering the most cynical of defenses in the most offensive of ways. (Incidentally, I don’t understand how this could happen. After all, Kane is a woman, the first Democrat and the first woman to be elected to the post, and since having a vagina alone is supposed to imbue a candidate with trustworthiness, surpassing competence and virtue, this makes no sense at all.)”

Unethical Elected Official of the Year

Continue reading

The Ethics Meltdown Of Elie Mystal Continues

Surprise! This isn't MY head exploding. It's Elie Mystal's!

Surprise! This isn’t MY head exploding. It’s Elie Mystal’s!

“Above the Law”‘s Elie Mystal has crossed over from being a provocative, if often emotion-driven and unprofessional, legal news analyst to being an Angry Black Man for whom law and justice is tangential. As Ethics Alarms covered here, Mystal already has proclaimed that the existence of a single intransigent juror who hung the jury in the Michael Slager trial proves that whites are incapable of race-blind justice. In his latest stage of racist fury, Mystal now wants black jurors to sabotage the justice system.

“Black people lucky enough to get on a jury could use that power to acquit any person charged with a crime against white men and white male institutions. It’s not about the race of the defendant, but if the alleged victim is a white guy, or his bank, or his position, or his authority: we could acquit. Assault? Acquit. Burglary? Acquit. Insider trading? Acquit.Murder? … what the hell do you think is happening to black people out here? What the hell do you think we’re complaining about when your cops shoot us or choke us? Acquit. Don’t throw “murder” at me like it’s some kind of moral fault line where the risk of letting one go is too great. Black people ARE BEING MURDERED, and the system isn’t doing a damn thing to hold their killers accountable. Sorry I’m not sorry if this protest idea would put the shoe on the other foot for a change.”

You can read the rest; it’s all like this. Mystal is bonkers. There’s no reasoning or fairness in his screed. He’s just fulminating, growling and slobbering like a rabid dog. It’s sad. Nobody can take anyone who expresses this kind of irrational hate as a response to frustration seriously. He’s not accurate, he’s not truthful, he’s not responsible. He has left law and logic so far behind he may never work his way back to them.

I’ll touch on just a few splashes of Mystal’s projectile hate-vomit: Continue reading

More Lone Juror Ethics: The Slager Trial, Juries, And Justice

lone-juror

This was what I was afraid of. It is also why Michael Slager, who is guilty as hell, didn’t plead guilty despite slam-dunk, irrefutable evidence that he executed  African-American Walter Scott as he was fleeing arrest last year. It is why I argued that if Slager ethically cared more about the law, his profession, his community and his country than he did about literally getting away with murder, he was ethically obligated to plead guilty so this couldn’t and wouldn’t happen.

A single juror told the judge in the Slager trial last week that he can’t find the ex-cop guilty. In a letter to the court, the would-be Henry Fonda said, “I cannot in good conscience consider a guilty verdict…I cannot and will not change my mind.”

The jury foreperson confirmed  in a separate note  that it was only one juror who was “having issues” convicting Slager, who pulled over Scott’s car in North Charleston, South Carolina last year, and ended up shooting him in the back while a bystander recorded the killing on video. Circuit Judge Clifton Newman sent the jury back for more deliberation, and they are expected to report on their progress at 9 a.m. Monday.

The lone juror holding out for innocence against eleven wanting to convict is celebrated as a courageous and system-defining stand in “Twelve Angry Men,” but it strains our faith in the system when the facts are like they are in this case. Nonetheless, the possibility of a not guilty verdict in the supposedly open-and-shut case is essential to the integrity of our system’s principle that even the most obviously guilty deserve a competent defense and a trial before a jury of their peers. Either we believe, as it has been said by many, that it is better for 100 guilty defendants to go free than for a single innocent citizen to be convicted, then we have to respect and accept the result when a lone juror seems to violate common sense and law.

Is Slager “more guilty” than O.J.? I could argue that they both deserve punishment, but if one deserves it more than they other, I’d pick Simpson, who killed two people, and wasn’t attempting a lawful arrest. (I could also argue that this kind of shooting by a police officer deserves a harsher punishment, because of his profession and his duties to society.) However we feel, we cannot condemn the lone juror without endorsing summary justice and show trials. If we believe in fair trials, we must believe in not guilty verdicts when a defendant seem obviously guilty, and lone jurors who cannot be convinced of guilt beyond a reasonable doubt.

Taking the other approach—emotion, anger and irrational hate—will be the likes of Elie Mystal, who, I think it is fair to say, needs a vacation. In an embarrassing post on the legal gossip site “Above the Law,” the African-American pundit intentionally misleads his readers by leaving out the key fact that it is only one juror who isn’t convinced by the overwhelming case against Slager, in order to indulge in an anti-white hate-fest: Continue reading