The 2016 Election And Ethics Zugswang

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In a July post I introduced the concept of ethics zugswang, described in the Ethics Alarms glossary as

From the chess term “zugzwang,” describing a board where the player with the next move worsens his position regardless of which move he chooses. Ethics Zugswang occurs when all the opportunity to choose ethical options has passed. Any course of action will have unethical consequences.

I often talk about ethics zugswang in my ethics seminars as well. It is a situation where  no ethical decision is possible, because of poor choices and a failure to play competent ethics chess, not thinking ahead, not anticipating worst case scenarios, and thereby creating a situation where  ethical options are unavailable. All that is left are options that do tangible harm. The idea is to avoid such messes by not blundering through life being governed by non-ethical considerations, emotions, rationalizations, recklessness and ignorance. Sometimes, however, despite all of one’s best efforts, ethics zugswang arrives anyway.

Such is the plight of the American citizen on Election Day, 2016. For months, thoughtful voters who care about democracy and want to participate in choosing their President responsibly have been trying to decide which of several unethical decisions is the best—the most ethical, or rather least unethical– of the available options. Being angry or indignant, or holding one’s breath until one turns blue, will not do. A decision has to be made, and refusing to make a decision is still a decision. (In chess, the most common response to ethics zugswang is to resign, to quit. But one cannot quit being a citizen in a democracy.)

In past posts, mostly in the comments, I and others have exchanged proposed analogies to describe the choice between choosing Hillary Clinton or Donald Trump to lead the country. Arguing that it was a binary choice that could best be compared to having one’s commercial airline flown by an untrustworthy pilot of questionable skill, motivations and objectives or, in the alternative, a seven-year old, a monkey or a spaniel, my position was that one choice was terrible and the other was infinitely worse, but the terrible one as at least survivable, with luck. Classical literature provides another useful analogy: the myth of Scylla and Charibdis.

In Greek mythology, they were two immortal and deadly monsters who lived on opposite sides the narrow waters in the Strait of Messina, between Italy and Sicily. Odysseus, trying to return home after the Trojan War,  faced the dilemma posed by having to choose between them in Homer’s Odyssey, Book XII. Scylla had been a lovely a sea nymph who was loved by the sea god Poseidon, but Poseidon’s jealous wife Aphrodite treacherously cursed the waters in which Scylla bathed. The god-poisoned water turned Scylla into huge and vicious monster with twelve legs, six heads on long, snaky necks, with each head having a triple row of shark-like teeth. The transformed Scylla’s loins were also covered by the heads of baying dogs. (Note to self: don’t mess with Aphrodite!) When ships passed close to her, Scylla’s six heads would each snatch one sailor, then devour them in her cave.

Charybdis was also once a nymph, a daughter of Poseidon, who angered Zeus, Poseidon’s brother. Zeus turned her into an even worse monster than Scylla. The transformed nymph lurked under a fig tree on the opposite shore from Scylla’s rock, drinking down and belching out  the sea three times a day, causing  fatal whirlpools no ship could survive. Odysseus managed to get the worst of this dual  monster dilemma, sailing close enough to Scylla to doom six of his sailors (who he never warned about the threat) and still seeing his chip wrecked by Charybdis, with him being the only survivor. The shipwrecked Odysseus barely escaped her clutches by clinging to a tree until the improvised raft that she swallowed floated to the surface again after many hours.  To be “between Scylla and Charybdis” means to be caught between two equally horrible alternatives.

As today loomed and this metaphor appeared more and more accurate, I sought wisdom from various versions of the story, only to gradually realize that I was not as certain as I once had been which candidate was which monster. Continue reading

Yes, Yes, We Know Who You Are Voting AGAINST…But You Should Know Who And What You Are Voting FOR…

“My conscience — as an activist, a strategist — is very clear…if I had to do it all over again, I would know a hell of a lot more about cybersecurity.”

—-Democratic National Committee Chair Donna Brazile, refusing to apologize for forwarding debate and town hall questions to Democratic candidate Hillary Clinton, thus breaching journalism ethics and betraying the trust of CNN, which was employing her as an analyst.

statue-of-liberty-cryingWhen you vote for Hillary Clinton—and voting against Donald Trump does not change the fact that you are still voting for Clinton—do understand what this statement, in an interview yesterday on satellite radio, really means.  It means that the Democratic Party officially embraces the anti-ethical principle that the ends justifies the means. It means that the party endorses lying and cheating, which was what Brazile did, as long as the “right” people lie and cheat. It means that the Democratic Party—-not just Hillary and her staff, who we know have the core political ethics of Lenin and Goebbels, but the entire party—agrees with Brazile. Her mistake was not cheating, but failing to get away with it, by hiding her conduct insufficiently.

She, like the party she leads, is so confident that the American public, at least the voters she and the party care about, accepts these ugly and undemocratic values that she is not even pretending to regret her actions. If it helps elect Hillary Clinton, it’s fine. It it acquires power for the Democrats, it’s fine. If it deceives the public to the “right” end, it’s fine.

The Democratic Party hasn’t condemned Brazile’s actions, and won’t condemn her smug words of endorsement of lying and cheating. It hasn’t asked her to step down, as her predecessor was made to step down after she was caught rigging the nomination process for Clinton. Thus it endorses Brazile’s  values, and openly so. President Obama also endorsed Brazile’s values, explicitly, by directing his spokesman Josh Earnest to praise her, and only praise her, as “a person of integrity and ..high character” after being asked about the first of Brazile’s cheats on behalf of Clinton (more have since been uncovered.)

Is that clear? The President of the United States publicly stated, through his agent, that an individual who lies and cheats has integrity. This is what integrity has come to mean under this leader, to his party. Continue reading

‘It Profits A Law Firm Nothing To Give Its Soul For The Whole World … But For Hillary, Thornton?’

Once again, a memorable line from the best ethics film of them all, “A Man For All Seasons,” came rushing back to me as I observed another example of professionals abandoning their ethical principles to assist the most demonstrably corrupt Presidential candidate in U.S. history, Hillary Clinton.

Not just her, however, to be fair. The Thornton Law Firm in Boston has used an illegal and unethical maneuver to circumvent election laws and give millions of dollars to the Democratic Party and Sen. Elizabeth Warren, Sen. Harry Reid, President Obama and, of course, Hillary, among others.  The scheme was revealed by the Center for Responsive Politics and the Spotlight investigative team at the Boston Globe.

The firm has just ten partners, but is one of the nation’s biggest political donors. A whistle-blower sent firm documents showing that firm members have been making large donations to Democrats, only to be reimbursed by the firm days or even hours later with bonuses matching the amounts donated exactly.

Federal law limits partnerships–law firms are almost all partnerships—to maximum donations of $2,700 per candidate. This was what is called a “straw donor” plot. “Straw donor reimbursement systems are something both the FEC and the Department of Justice take very seriously, and people have gone to jail for this,” Center for Responsive Politics editorial director Viveca Novak told CBS. Continue reading

Latest Ethics Notes On The Hillary Clinton E-Mail Scandal Ethics Train Wreck, Part 3

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Continuing from Part 1 and 2…

9. Hillary Clinton’s presidential campaign circulated a draft letter critical of James Comey to former federal prosecutors, implicitly inviting them to comment publicly.  (This is an implied but unenforceable quid pro quo. These people are good...) Eric Holder, naturally, former US attorney general Michael Mukasey and poor, disgraced former Bush AG Alberto Gonzalez heeded the dog whistle, all disgracing themselves in the process.

Not one of them are privy to the evidence involved, and for these men to be using their positions and reputations to level charges and accusations at a high-placed law enforcement official based on speculation and partisan warfare is unethical. It is unfair, and  undermines the public trust. This is always something that former officials should avoid, as a near absolute. The Golden Rule also applies. These men know how hard these jobs are, and what they would have thought about  ex-officials criticizing them. Basic professional ethics principles discourage this.

Holder, of course, is a proven Clinton hack. Gonzalez might even make Comey look better by criticizing him, so thoroughly discredited is he. (My guess is that he’s desperately attempting to fashion a new pubic image.)

Mukasey’s comments may have been the worst of all. He took the opportunity of the current controversy to attack Comey again for his decision not to recommend that Clinton be indicted. (Meanwhile, CNN used his name in a misleading headline implying that he was criticizing Comey for his letter to Congress. It initially fooled me.) Speaking of the earlier Coney statement, he said,

“This wasn’t Comey’s call. It is not his function as director of the FBI to decide who gets charges and doesn’t. It’s his function to gather evidence. And he didn’t fulfill that function very well. But it’s certainly not his function to get up and pronounce on whether charges should be brought or whether a reasonable prosecutor would ever bring them.I don’t think he should have been this fix. I don’t think he should have put either himself or the bureau or the Justice Department in this fix.”

Wrong (1): it was Comey’s call, because Loretta Lynch told the public that Justice would accept the recommendation of the FBI regarding Clinton’s possible prosecution. Did Mukasey follow the story? I guess not.

Wrong (2): Comey’s extensive public statement in July was necessary to ensure transparency and trust after Loretta Lynch stupidly allowed Bill Clinton to appear to be brokering a deal with her. Presumably Mukasey wouldn’t have done that.

Wrong (3): So Comey did notput either himself or the bureau or the Justice Department in this fix.” Obama put them in this fix, by allowing his Secretary of State to skirt security policies. Holder put them in this fix, by operating such a blatantly partisan and political Justice Department that public trust in a fair investigation of the presumptive Democratic Party presidential candidate was impossible. Lynch put them in this fix, by not resigning.

To his credit, Mukasey did dismiss Harry Reid’s and Richard Painter’s Hatch Act nonsense with appropriate disdain, saying, “That’s baloney. I mean, you know, it’s sort of an amusing talking point for three and a half seconds, but it’s not serious.”

10. The issue is not whether Donald Trump is as corrupt and dishonest as Hilary Clinton, or even more so. In trying to shift focus to Trump to allow Clinton, as usual, to wiggle out of the well-earned consequences of her own wrongdoing by distraction, confusion, and diversion, Clinton’s corrupted allies are throwing every accusation and innuendo at Trump that they can concoct or dig up. It-Doesn’t-Matter. Trump is horrible, the bottom of the barrel, UNDER the barrel, at the bottom of a long, narrow pit under the barrel. Understood. That still doesn’t make Hillary less corrupt, less untrustworthy, and less dishonest. Nor less ruthless, cynical, manipulative, venal and totalitarian.

Continue reading

Unethical Quote Of The Week: White House Spokesman Josh Earnest

Donna Brazile on State of the Union with Candy Crowley

“Those of us who have known Donna a long time, know that she is a person of integrity and she is a person of high character.”

—-White House spokesman Josh Earnest, responding to a press briefing question about whether DNC chair Donna Brazile, revealed to have unethically used her CNN connection to acquire questions to be posed to Hillary Clinton in a town meeting and a televised debate, and to have passed them along to the candidate, who then pretended to answer them spontaneously.

Thus we now know what the President, his spokesman and Democrats officially regard as “integrity” and “high character.”

Cheating. Continue reading

As We Watch The Hillary Corrupted News Media Today Facilitate Her Campaign’s Furious And Desperate Attack On James Comey, Let Us Not Forget What The Real Threat To The Election’s Integrity Is…[UPDATED]

pointing-up

…and that would be the dangerous alliance between the party controlling in the White House and the organizations and individuals trusted by the public to fairly and objectively inform it sufficiently to make a responsible choice.

I’ll be covering the astounding wave of disinformation, distortions and unethical conduct by those who should know better in the ongoing effort to crucify James Comey in a bit. Meanwhile, another Wikileaks hack provides some more perspective on the perils to democracy posed by the Democratic Party’s and the Clinton organization’s belief that cheating is an acceptable way to obtain and keep power.

As Ethics Alarms pointed out, DNC Chair Donna Brazile melted into sputtering protests, denials and gibberish when confronted with the clear evidence, via a Wikileaks hacked e-mail, that she unethically used her position at CNN to pass along a question to Hillary Clinton in advance of a CNN town meeting, so Clinton could prepare an answer in advance (and pretend that she had no prior knowledge of the question. This kind of lie, and it is a lie, never makes it onto the lists when Hillary enablers claim that Trump lies more than she does.) She would never do that!, Donna postured.

Another e-mail, from the same source, shows that this too was a lie.

In the latest revelation, Brazile, still working for CNN and bound by journalism ethics, told Hillary what question was on the way, and identified the questioner:

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“Rigging,” anyone? Continue reading

Donald Trump Is Bouncing Back In The Polls….Why?

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Ann Althouse writes in horror that the Bloomberg poll, a poll that polling guru Nate Silver marks as one of the best, has Donald Trump making up most of what was a 9 point lead just a week ago. “How is it possible?” she asks?

Here is how it’s possible. Americans deeply, deeply resent the tactics and unethical methods of the Clinton campaign and the Democratic National Committee, as well as, and even especially, the biased news media that has, it was just reported, been 91% negative regarding Donald Trump. Althouse anticipated this backlash back in September, when she quoted journalist/author Robert Wright, who said he was concerned that the media would be so “ham-handed” in its pro-Clinton/anti-Trump bias that “it wouldn’t work.”

In the competition of who is more unfit to lead, Trump wins in a landslide. However, Clinton’s supporters, staff, minions and party have earned the “Most Unethical, Undemocratic, Totalitarian” prize, by at least as large a margin:

1. On CNN’s “State of the Union” last week,  Jake Tapper grilled Robby Mook, Clinton’s campaign manager, about Robert Creamer and Scott Foval, the  Democratic operatives who were caught in a Project Veritas video sting talking about instigating violence at a Trump rally.

TAPPER: Have you looked into whether or not Democratic operatives paid by the Democratic National Committee were actually instigating these horrific actions, these violent actions we saw at Trump rallies? That’s — I’m sure you would agree, if that’s true, that’s really offensive.

MOOK: Well, violence is unacceptable. These individuals no longer have a relationship with the DNC. They have never had a relationship with the Clinton campaign. And my understanding is that the events that are referenced happened, I think, in February of last year. They didn’t have a contract with the DNC until June.  But, putting that all aside, this was, again, a video that was leaked out for the purpose of damaging the campaign. It’s edited, so we don’t know what the full context is. And there is — there’s no evidence whatsoever that we have been able to find that anyone ever did anything like this when they were working for the DNC.

Wait, what? Mook just admitted that the DNC hired these Nixonian thugs after they disrupted the Trump events. Before that, they were doing this stuff for free? They were only fired after the video was released.  How does the fact that they aren’t under contract any more serve as a defense of their activities? White House logs show Creamer visiting the White House hundreds of times.  Why?

Mook’s “They have never had a relationship with the Clinton campaign” is such a weaselly line. How about an unequivocal denial that the campaign knew about or coordinated with these cheats? Where is that? Then he defaults to attacking the methods by which these operatives were exposed, just as Clinton’s mouthpeices, like Donna Brazile, have tried to blame Wikileaks for what the Wikileaks leaks show.

Do Democrats just shrug off this kind of anti-Democratic activity as standard “by any means necessary” tactics? What kind of leader obtains power this way? I guarantee that independents, conservatives and uncommitted voters are frightened and disgusted by it. If voting for Trump is the only way to register that disgust, then he’ll be the beneficiary of the backlash.

2. Yesterday “Dilbert” cartoonist Scott Adams, who is a Trump supporters, posted this:

I’ve been trying to figure out what common trait binds Clinton supporters together. As far as I can tell, the most unifying characteristic is a willingness to bully in all its forms.

If you have a Trump sign in your lawn, they will steal it.

If you have a Trump bumper sticker, they will deface your car.

if you speak of Trump at work you could get fired.

On social media, almost every message I get from a Clinton supporter is a bullying type of message. They insult. They try to shame. They label. And obviously they threaten my livelihood.

We know from Project Veritas that Clinton supporters tried to incite violence at Trump rallies. The media downplays it.

We also know Clinton’s side hired paid trolls to bully online. You don’t hear much about that.

Yesterday, by no coincidence, Huffington Post, Salon, and Daily Kos all published similar-sounding hit pieces on me, presumably to lower my influence. (That reason, plus jealousy, are the only reasons writers write about other writers.)

Joe Biden said he wanted to take Trump behind the bleachers and beat him up. No one on Clinton’s side disavowed that call to violence because, I assume, they consider it justified hyperbole. 

Team Clinton has succeeded in perpetuating one of the greatest evils I have seen in my lifetime. Her side has branded Trump supporters (40%+ of voters) as Nazis, sexists, homophobes, racists, and a few other fighting words. Their argument is built on confirmation bias and persuasion. But facts don’t matter because facts never matter in politics. What matters is that Clinton’s framing of Trump provides moral cover for any bullying behavior online or in person. No one can be a bad person for opposing Hitler, right?

I admit to having no respect for Trump supporters (as opposed to Never Hillary Trump voters), just as I have no respect for the tactics Adams describes. He exaggerates in the last section, but otherwise, he is accurate. Never before has a political party and its followers, aided by the news media, tried to “otherize” a major party candidate, and to make it dangerous in schools and workplaces to express support of a candidate. That’s not democracy. Continue reading

Gee, I Wonder Why Republican Voters Might Worry About The Election Being “Rigged”? It’s A Mystery!

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It began with this story: A Wikileaks leaked email, from Donna Brazile to the Clinton campaign, started with the subject line “From time to time I get the questions in advance.” Brazile, then vice chair of the DNC and a CNN and ABC contributor, included a question that was later asked of Hillary Clinton at a subsequent CNN “town hall,” word for word.

CNN anchor Jake Tapper, probably the closest thing to a fair and ethical journalist that exists in the current broadcast media, told an interviewer regarding the episode in part,

It’s a very, very troubling… look, I have tremendous regard for Donna Brazile. She’s a good person and a nice person and I like her a lot but whatever took place here… and I know I had nothing to do with it… and I know CNN, we were so closely guarding our documents… they weren’t emailed around….It’s horrifying.  Journalistically it’s horrifying and I’m sure it will have an impact on partnering with this organization in the future and I’m sure it will have an effect on… Donna Brazile is no longer with CNN because she’s with the DNC right now, but I’m sure it will have some impact on Donna Brazille.,,People at CNN take this very, very seriously and to have somebody who does not take it seriously and to have us partner with that person and then they do something completely unethical and share it with Donna Brazile who then shares it with the Clinton campaign… it’s horrifying and very, very upsetting and I can’t condemn it any more than… I condemn it in no uncertain terms, it’s awful.

Democratic operatives using their chummy, insider relationships with alleged legitimate news organizations to assist their candidates with undisclosed, under the table, tips? Who wouldn’t call that awful? Well, interestingly, most of the rest of the mainstream, Hillary-recruited media, which has mostly left this story to  Fox, the Daily Caller, and “conservative media” while suggesting that the e-mail from Wikileaks was somehow fake.

Enter Megyn Kelly on Fox, who was persistent in trying get Brazile to give an explanation in an interview. What she got instead was incredibly guilty-sounding evasion and Authentic Frontier Gibberish: Continue reading

Ethics Dunces: Fox Sports And Major League Baseball

The ex players are (R to L), Hall of Famer Frank Thomas, banned Pete Rose, rapidly being forgotten Raul Ibanez, and the nearly universally detested Alex Rodriguez.

The ex players are (R to L), Hall of Famer Frank Thomas, banned Pete Rose, rapidly fading from memory Raul Ibanez, and the nearly universally detested Alex Rodriguez.

Among the commentators at the desk in the pre- and post game show for FS1 (that’s Fox Sports One) as it carries the National League Championship Series between the Cubs and the Dodgers, are Pete Rose, and Alex Rodriquez.

Pete Rose, baseball’s all-time hits leader, is banned from baseball for gambling on the game while a manager. This has been taboo since the 1919 World Series was fixed by gamblers. (Donald Trump has never accepted that the Cincinnati Reds won). Rose lied about whether he bet on baseball for over a decade, then he lied about whether he bet on his own team a little longer. In the meantime, he served prison time for tax evasion.

Alex Rodriquez eventually was suspended from baseball for more than a season for using banned performance enhancing drugs, years after he tested positive for steroid use and told the public sincerely that it was “one mistake” and he’d never do it again. He is also a serial liar. Eventually the increasingly cynical and ethically-addled younger sportswriters may vote him into the Hall of Fame, but he is second only to Barry Bonds as the worst of the worst. Currently, he is regarded as flunking the Hall’s character and sportsmanship requirement. Duh. Continue reading

The Wrenching Problem Of David Ortiz, The Human Slippery Slope

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Ethics conflicts force us to choose when multiple ethical principles and values point to diametrically opposed resolutions.  Often, a solution can be found where the unethical aspects of the resolution can be mitigated, but not this one. It is a tale of an ethics conflict without a satisfactory resolution.

I didn’t want to write this post. I considered waiting five years to write it, when the issue will be unavoidable and a decision mandatory. Today, however, is the day on which all of Boston, New England, and most of baseball will be honoring Red Sox designated hitter David Ortiz, who will be playing his finale regular season game after a 20 years career.  His 2016 season is quite possibly the best year any professional baseball player has had as his final one; it is definitely the best season any batter has had at the age of 40 or more. Ortiz is an icon and a hero in Boston, for good reason. Ortiz was instrumental in breaking his team’s infamous 86-year long “curse” that saw it come close to winning the World Series again and again, only to fail in various dramatic or humiliating ways. He was a leader and an offensive centerpiece of three World Champion teams in 2004, 2007, and 2013. Most notably, his record as a clutch hitter, both in the regular season and the post season is unmatched. You can bring yourself up to speed on Ortiz’s career and his importance to the Red Sox, which means his importance to the city and its culture, for nowhere in America takes baseball as seriously as Beantown, here.

That’s only half the story for Ortiz. Much of his impact on the team, the town and the game has come from his remarkable personality, a unique mixture of intensity, charm, intelligence, generosity, pride and charisma. After the 2013 terrorist bombing of the Boston Marathon, which shook the city as much as any event since the Boston Massacre, Ortiz made himself the symbol of Boston’s anger and defiance with an emotional speech at Fenway Park. Then he put an exclamation point on his defiance by leading the Red Sox, a last place team the year before, to another World Series title.

Performance-based arguments against electing Ortiz to baseball’s Hall of Fame are, at this point, untenable. Entering his final game, Ortiz had 541 home runs, (17th all-time), 1,768 RBI, (22nd), and 632 doubles, (10th).  He is only the third player in history to have more than 500 home runs and 600 doubles.  He ranks among the greatest post season hitters in baseball history with 17 home runs, 60 RBI and 21 doubles. His postseason average is .295 with an on base percentage of .409, a slugging percentage of .553 and a .962 OPS (the sum of the two.) Most great players did worse in the post season than during the regular season, for the obvious reason: the competition was better. Ortiz was better, which informs regarding his character and dedication.

The one lingering argument against admitting Ortiz to the ranks of Ruth, Williams, Aaron, Mays, Cobb, Hornsby, Griffey and the rest is that he has spent most of his career as a designated hitter, the American League’s 1973 invention, much reviled by National League fans and baseball traditionalists, designed to allow real batters relive fans from watching pitchers make fools of themselves at the plate. This makes him “half a player,” the argument goes. No designated hitter has ever been elected to the Hall, so that argument has prevailed so far. It was always a weak one—how did being lousy fielders like so many Hall of Fame sluggers make them greater players than one who never hurt his team at all with his glove? Now that a designated hitter has shown himself to be in the elite ranks of all the greatest batters, the argument sounds more like hysterical anti-DH bias than ever.

I should also note, before getting to the main point of this post, that I love Ortiz. I am a lifetime Red Sox fan, Boston born, bred and marinated, and Big Papi is special. He is one of the most interesting and admirable sports figures of my lifetime, and what he has meant to my city and my favorite sport is beyond quantifying. Few great athletes demonstrate persuasively that they are also great and admirable human beings. Ortiz is one of them.

Nonetheless, it is crucial that David Ortiz not be elected to the Hall of Fame when he becomes eligible five years from now, and that he never be admitted. On the matter of assessing the fitness for baseball honors of those who defiled the game by inflating their statistics, changing the outcome of games and harming players who abided by the rules, David Ortiz is a human slippery slope. Ortiz deserves to be in the Hall based on all admission criteria, including character and sportsmanship, but his admission will open the doors wide for players who are unfit, polluting the Hall of Fame and baseball’s values forever.

It’s not worth the trade off. This is the ethics conflict: one cannot be fair and just to “Big Papi” without doing widespread harm to the sport, and I would argue, the entire culture. Continue reading