Cautionary Tales: When The Law Protects Unethical Creeps

Chaney_Chelsea

Two recent court rulings demonstrate how the law often cannot punish purely unethical conduct if it falls in the cracks of legal language and definitions. When that happens, however, it is incumbent upon the rest of the culture not to allow an Ethics Dunce, or worse,to escape without proper identification and condemnation.

Case A: Curtis Cearley

Director of technology services for the Fayette County (GA) school district.

Fayette County high school student Chelsea Chaney used her Facebook page to post a photo of herself wearing a bikini and standing next to a life-size cardboard cut-out of rapper Snoop Dogg holding a can of Blast, the caffeinated alcoholic beverage he promotes. Although it was posted for the student’s friends, Cearley saw it, and used the comely photo in a  presentation at a public forum on the risks of sharing potentially embarrassing personal information on social media. He also used her name, identifying Chaney at the forum which was attended by parents, faculty and  students who attended school with her. He never alerted her, or asked her permission to use her photo as a “Don’t be like Chelsea!” example. The forum was titled “Once It’s There, It’s There to Stay.”

Horrible. This is a pure Golden Rule violation by Cearley, unfair, cruel, thoughtless, mean and intentionally  harmful to a minor, no less: Continue reading

Down The Rabbit Hole Again With Hank

Forgive Hank, sir....he only watches TV, and besides, he's a twit.

Forgive Hank, sir….he only watches TV, and besides, he’s a twit.

Another day, another annoying Washington Post TV review from Hank Stuever. When I last checked in on Hank as he was practicing his craft, he was ridiculing the concept of young parents committing to the care of an unplanned baby without considering abortion. Today, he’s just trying to make his readers as ignorant as he is.

I suppose there no requirement that a TV critic be conversant in literature…but there should be. All drama and entertainment is constrcted on the foundation of the stories and traditions that came before them, and while one can critique popular culture while being ignorant of everything between Beowulf and All in the Family, one cannot do so competently or professionally, both of which, as the TV critic for a major newspaper, Stuever is obigated to do. This is especially true when he presumes to critique a new TV show based on literature, however lightly, as  ABC’s new “Once Upon a Time in Wonderland” is.

Right off the bat, Hank lets us know that he knows diddly about Lewis Carroll’s strange and wonderful classic, getting “Alice in Wonderland” confused with its (equally brilliant) sequel “Through the Looking Glass.”  Hank speaks of “Lewis Carroll’s 1865 story of Alice, the girl who stepped through the Looking Glass and saw all those freaky things — rabbits, Mad Hatters, worms, Cheshire cats, etc.”  But Alice never saw any of those things when she stepped through the looking-glass, for that is a different book. “Rabbits, Mad Hatters, worms, Cheshire cats, etc.” were encountered by Alice when she fell down the rabbit hole, one the few things the Disney animated version got right. (By “worms” I’m guessing Hank ie referencing the hookah-smoking caterpillar, which is not a worm. Does Stuever know? Is he just showing contempt for the book and its characters? As Hank would undoubtedly say, “Whatever.”) Continue reading

Ethics Dunce: California

Oh, rats. There goes my head again...where's the duct tape?

Oh, rats. There goes my head again…where’s the duct tape?

The reductio ad absurdum of the debate over illegal immigration has reached its apotheosis in California, where Governor Brown actually signed into law a provision allowing illegal immigrants to be awarded licenses to practice law in the state. The law was designed to render moot the case of illegal immigrant Sergio Gomez, who was brought into the country as a child, managed to evade detection and enforcement through law school and the bar exam, and is now fighting to be admitted to the California Bar.

Garcia has said that being able to obtain a law license “is my life’s dream come true. One of two. I’m going for the U.S. citizenship next. I want to be a full part of this country.” Well, why stop at that bizarre sequence? Why not let Mexican citizens first become U.S. lawyers, and then aspire to sneak over the border some day and become U.S. citizens? Continue reading

The Ethics Of Demanding Charity

Joanna Leigh

Joanna Leigh

I can not imagine much more heartbreaking plights than that of Boston Marathon bombing victim Joanna Leigh.

By April 14, 2013, Leigh, 39, had a newly minted doctorate in international development, and a promising career as a consultant. On April 15, she was at the finish line of the marathon, waiting for a friend to cross it, when the second of two bombs exploded ten feet from her. She was shielded from the deadly flying metal by other spectators, but still knocked unconscious. When she awoke, there was chaos around her, people screaming, maimed, covered with blood. She helped some injured find help, and then, dazed, walked home. For various reasons, she did not get herself checked out at a hospital until more than a week had passed.

Gradually, however, the symptoms of her injuries began appearing. Soon, it became obvious that the closed head injuries she suffered in the explosion have caused devastating long-term damage to her brain, and it is doubtful that her life will ever be normal again. Today, she says, she has to sleep most of the day. She cannot work or drive, and is easily disoriented, even getting lost on her own block. She has blurred vision, her hearing is impaired and she cannot avoid the constant ringing in her ears. Concentration has become difficult, and the simplest everyday tasks are overwhelming.   Continue reading

Ethics Dunce: “Saturday Night Live” Cast Member Jay Pharoah

Maya Rudolph being Oprah, being funny, and nothing else should matter.

Maya Rudolph being Oprah, being funny, and nothing else should matter.

In a spontaneous call for more black cast members to be added to NBC’s long-running late-night satire show, “Saturday Night Live,”  veteran cast member Jay Pharoah told an entertainment reporter that he wanted the producers to add actress Darmira Brunson. “Why do I think she should be on the show? Because she’s black first of all, and she’s really talented,” Pharoah said. “She’s amazing. She needs to be on ‘SNL.'”

By logic, rights and justice, Pharoah should be fired for such a statement. He is pushing his show, and therefore his producers and his bosses, into a controversy that they neither want, need, nor deserve. Sure enough, his comments have already ignited debate and commentary in major dailies and in the blogosphere. He can’t be fired, of course—no producer in Hollywood would dare fire a black performer for advocating politically correct causes like diversity and affirmative action, no matter how inappropriate and unfair his comments were—and Pharoah knows that. Breaking reasonable rules of the workplace—criticizing your own boss in public and causing trouble for your employer are pretty basic taboos—because you know you’re immune from punishment doesn’t make the conduct any better.

He’s not the producer, and casting isn’t part of his job. To announce his own candidate for a hire is as outrageous and out-of-bounds as for a Pentagon general to tell reporters who President Obama should appoint as his Secretary of Defense.

Then there is the  statement itself, which in the context of entertainment and show business, is an endorsement of racial bias and discrimination, even more than with most workplace diversity and affirmative action advocacy. “Because she’s black first of all?” First of all must only be “because she’s funny, and the funniest female comic available.” Saturday Night Live’s goal, which it fitfully achieves, is to make its audience laugh. If Brunson is the best performer to accomplish that, then it makes sense to hire her. Her skin color is irrelevant, except to the extent that it opens up comic opportunities for the show. Otherwise, Brunson is pressuring his employers to hire Brunson over  superior white, Hispanic or Asian performers because of some theoretical diversity formula.

The resulting media focus on the imaginary problem to which Pharoah’s comments alluded is full of reflections, names and statistics, but the basic facts are these:

  • Professional performance comedy is completely utilitarian: if a cast entirely made up of black performers of any gender mix could be shown to be the optimum way to get laughs, ratings and make money for the network and SNL’s producers, that’s what we would have.
  • A funny, talented, improvisational skilled black actress has obvious benefits for a weekly satire show, as the reign of Maya Rudolph amply demonstrated.  There is no reason to presume that the producers would not immediately hire such a performer if one was available.
  • The pool of top-rate improvisational comic actors in general isn’t large (if it were, SNL would be funny more often), the pool of such performers who are African-American is much smaller, and the number of female black improvisational comics is tiny. When the African-American Wayans brothers wrote and produced their own satire show (Jim Carrey was the token white), they included only one full-time black female in the cast, and she was their sister (also the weak link in the cast.)

We can argue about the general principle of affirmative action at another time and place, but applying them to entertainment, sports or any field that must be a pure meritocracy is irresponsible and unfair. Saturday Night Live “needs” funny, talented performers who its audience finds funny…like, say, Eddie Murray. It does not need any black performer, male or female, just to have more black performers, and to take away performing and career opportunities from superior performers whose sole deficit is skin color or ethnicity while simultaneously getting fewer laughs and lower ratings.

Oddly, nobody has ever argued that Saturday Night Live discriminates against improvisational comic actors over the age of 35. Only once has it cast an actor of that age—Randy Quaid, in 1985. 1985 was also the most disastrous and unpopular season in the show’s history. Why no middle age or senior cast hires?  The reasons are legion: 1) Improv comedy is demanding physically and psychologically. Few older performers practice it, or are capable of doing it on a regular basis. 2) SNL’s audience is very young (as well as very male and white). Comedy is generational. 3) Older performers are seldom “new faces.” The ensemble’s called the “Not Ready For Prime Time Players” for a reason. 4) Young actors playing older real life figures and comic characters can be funny; old actors playing younger celebrities or characters is seldom funny, and often creepy. Age diversity, in brief, would not improve Saturday Night Live. Diversity is only an asset to the extent that it allows more comic opportunities. The U.S. does not require, not should ikt ask for, a contemporary satire TV show that “looks like America.” What  it needs is a show that is good.

All of which makes Pharoah’s comments irresponsible, unfair, disloyal, and racially offensive.

And not funny.

______________________________________

Sources: Washington Post, Policy Mic

Graphic: Hello Giggles

Hindsight Bias Case Study: Shooting D.C.’s Post Partum, Mad-Dog Driver

"Ok, now, let's talk about this: what other options do we have to stop this mad-dog driver, other than shooting her? Ma;'am, will you pleas take 5 in your murderous rampage while we meet? Ma'am?"

“Ok, now, let’s talk about this: what other options do we have to stop this mad-dog driver, other than shooting her? Ma;’am, will you pleas take 5 in your murderous rampage while we meet? Ma’am?”

Hindsight bias isn’t the worst or most pernicious reasoning fallacy, but it may be the most annoying, and is certainly the most common. After an event in which one or more instant decisions had to be made in seconds or minutes, critics with time a-plenty solemnly explain how they would have done things differently, and how the original decision-maker was stupid, cowardly, misguided, incompetent, unethical, or even criminal. The most striking example of a hind-sight bias victim in recent years is Penn State’s Mike McQueary, but at least in his situation there is room for argument, though I argued here that few of his critics can know how they would have responded under similar circumstances. In the case of this week’s shooting of a crazed Capitol Hill kamikaze motorist, later determined to be a troubled dental hygienist who may have been suffering from post-partum depression, I don’t think the criticism is rational, fair or justified, and shows hindsight bias at its worst.

 

Of course the Secret Service had to shoot her. It would have been reckless and negligent had they not. She had tried to crash through the White House barricades in an automobile. She had run down one officer, for all anyone knew at the time, fatally. She was refusing to stop, and was near D.C.’s Union Station, where there are people everywhere, and a car can easily run up on the sidewalks, which are wide. She had to be stopped immediately, or innocent people, maybe many people, were likely to die.

After she expired from the shots fired at her (but not before peeling away at a high speed), it was determined that the driver, later identified as Miriam Carey, was unarmed. The shooting agents didn’t know that, so it’s irrelevant. Besides, she was armed, with a deadly vehicle, and her motives were unclear. For all the officers knew, she was trying to kill as many pedestrians as she could. This wasn’t a typical situation or traffic stop. This was occurring at the center of our government, and security officers have to take enhanced precautions. The welfare of the individual causing the threat is not, and should not be, the primary concern.

Two factors in the incident seem do drive the unethical amateur second-guessing. One was that the woman’s toddler was in the car, and might have been harmed. This was not the Secret Service’s problem. Carey put her daughter in harm’s way, and if her conduct resulted in the child’s injury or death, she would have been totally responsible, not the agents who shot into the car. (They apparently were not aware of the child’s presence, so again, this in not a fair factor to consider after the fact.) The other factor: guns were involved. Thanks to programmed paranoia and gun-phobia irresponsibly planted in the culture by anti-gun zealots, many, too many, Americans arrive at a reflex position that any gun-related death is unnecessary, because guns, after all, are evil and should be banned. Such opinions should be treated as the products of deranged minds, or excessive Piers Morgan viewing.

A Facebook friend (and regular friend too), a distinguished and intelligent former journalist who I’m sure won’t mind my quoting him, asked his social network, “WAS THERE NO OTHER WAY?” That question is the epitome of hindsight bias. Sure there were other ways. Maybe an agent could have dived in the car window and dislodged her. Maybe a well-aimed shot at her hands could have made it impossible to drive. Perhaps they could have shot out the tires, hoping that the driver didn’t realize that you can still make a car with flat tires move at a pretty good clip, at least for a while. An electro-magnetic pulse might have stopped all the engines in the vicinity, neutralizing the car. Maybe Batman was nearby, or Corey Booker. None of that matters, because the security officials involved were in a unique and unprecedented situation, and had to accomplish their prime objective, stopping a dangerous individual in a highly populated area, under pressure, while in peril themselves, as quickly as possible. The proper question is not whether they could have done better, upon calm analysis and reflection. The question should only be, “Was the response reasonable under the circumstances?”

It was.

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Sources: Washington Post 1, 2

Ethics Quiz: Peter’s Problem

40 years from now, would you book Kaitlyn Hunt for your Congressional campaign fundraiser? Should you...if she's become a famous and beloved singer?

40 years from now, would you book Kaitlyn Hunt for your Congressional campaign fundraiser? Should you…if she’s become a famous and beloved singer?

Shelly Stow, an occasional commenter here who blogs provocatively at With Justice For All about the harassment and persecution of former sex offenders, raised the topic of today’s Ethics Quiz. She  posted about the plight of Peter Yarrow, the Peter in Peter, Paul and Mary, now, thanks to cruel mortality, just Peter and Paul. I was not aware of this, but in 1970, when he was 30 and a rather significant star, he had sexual relations with a 14-year-old girl. Shelly is wrong to call this “consensual,” for 14 is statutory rape territory. The law declares that a 14-year girl is a child and not capable of meaningful consent, and fans of  Roman Polanski, Woody Allen and Kaitlyn Hunt notwithstanding, it is quite right. He pled guilty to something less than rape, and served a three-month sentence; he is also, as a result, a registered sex offender. President Jimmy Carter pardoned him in 1981.

Yarrow, as Sixties folk singers tend to be, is a social activist, and is politically active as well. Not for the first time, his child molesting past became an issue recently when he  agreed to sing at a campaign event for Martha Robertson, a Democrat running for Congress in New York against incumbent Republican Tom Reed. A spokesman for the RNC told the media,

“It is absolutely deplorable that Martha Robertson would kick off her congressional campaign by having a convicted sex offender headline her fundraiser. If Robertson’s judgment is so bad that she would even entertain the idea of raising money with a man who molested a 14-year-old girl, she has no business representing the people of the 23rd District of New York in Congress.”

He also said Robertson should cancel the fundraiser and return any money she raised with Yarrow’s support.

Shelly writes,

“What is wrong with this scenario? Our criminal justice system is comprised of one part punishment and one part rehabilitation. The purpose of the punishment is to bring about rehabilitation. Sometimes it works like it is supposed to. Mr. Yarrow committed a crime in 1969. That is over 40 years ago. He served his court ordered punishment, and in light of the fact that there has been no re-offense in over 40 years, I think we are safe in declaring him rehabilitated. Everything worked just like it is supposed to. What then is the problem? Is rehabilitation not good enough for some? Is there some other standard of measure needed?”

This launches the Ethics Alarms Ethics Quiz for this weekend, which I will phrase this way:

Is it unfair for Peter Yarrow to still face criticism, suspicion and condemnation based on his crime of 40 years ago, for which he has been both punished and pardoned?

For this one, I am not at all certain of the answer, and will be very interested in your responses, not that I am not always.

Here are some of the considerations that have me, to paraphrase the title of one of the hit pop songs Mr. Yarrow helped to write, “Torn Between Two Answers.Continue reading

How Do You Know The Shut-Down Is An Ethics Train Wreck? When I Have To Defend Harry Reid…

"Why wouldn't you want to help this adorable little  puppy, Senator?"

“Why wouldn’t you want to help this adorable little puppy, Senator? What kind of a monster are you”

The government shut-down is hurtling to ethics train wreck status, not because the shut-down itself is unethical, for it is not, nor because the use of the debt limit as a bargaining chip is unethical, for it is a perfect bargaining chip, especially when bargaining with a fiscally irresponsible administration that is happy to spend taxpayer money flagrantly, as if a endlessly growing debt does not pose serious dangers to the nation’s security and prosperity in the not-so-long term. No, the shut-down is a train wreck because everyone connected with it, including pundits and the news media, are behaving badly….and it is getting worse.

Yup: train wreck.

Tit-for-tat is beginning to reign supreme, which often happens in a political ETR. Witness what has befallen Harry Reid, who enjoys accusing Republicans of being sub-human curs, as a result of his  reasonable, if carelessly stated, answer to a silly question by a reporter, seeded by the President’s own careless rhetoric in the past.  In a press conference on Wednesday, the Nevada Senator was addressing a series of bills proposed by the House Republicans to fund benign programs everyone  likes rather than funding the whole government.  These bills would fund parks and other D.C. attractions, veterans needs, treating children with cancer and other research projects at the National Institutes of Health, and the National Guard, among other things. It’s a clever political move, because the bills would force a veto from President Obama if they passed through the Senate, which Democrats cannot allow since Obama and Reid have pledged not to negotiate on the budget until the “clean” CR passes. This is the exchange that has Reid defending against bogus accusations of being cruel and heartless: Continue reading

The Right Thing In Spite Of Themselves: CNN And NBC Abandon Their Hillary Projects

Hillary Clinton, in her dreams...and Bill's...

Hillary Clinton, in her dreams…and Bill’s…

If CNN and NBC had any sense of responsibility, fairness and respect for the American political system, neither would have planned Hillary Clinton projects—CNN, a documentary, NBC, a “docudrama” mini-series—for the coming year, in which the controversial Ms. Clinton is expected to begin running for President of the United States. Neither deserves any credit for cancelling them now, after pundits and especially the Republican Party screamed foul, and foul it was.

There is no way either product could avoid making difficult content choices that would be inevitably influenced by such non-ethical considerations as entertainment value, ratings, political pressure, and artist bias. The documentary and the mini-series would necessarily distort fact and history, because so much of any contemporary figure’s life and career has yet to be objectively examined, and no more so than Hillary Clinton, as polarizing and mysterious figure as U.S. politics has ever produced, rivaling Richard Nixon and Aaron Burr. Continue reading

From Oklahoma, A Remarkable Ethics Lesson

hartmanparkinglot_610x458

Young Christian Lunsford was disgusted when he saw the TV report about the mugging of seventy-eight-year-old Tona Herndon of Bethany, Oklahoma, robbed while visiting the gravesite of her husband of 60 years, who had died just two weeks earlier. It wasn’t merely that the mugger took a purse and $700 from a vulnerable and grieving woman, but that the culprit was Christian’s father. He had been quickly arrested, and his mug shot, shown on TV, was all-too-familiar to his fifteen-year-old son. Christian’s parents divorced when he was two, and his contact with his father had been minimal as the elder Lunsford kept ending up in jail. The teen had recently heard from his dad, however, when he sent Christian $250 to pay for his participation in a school band trip.

The latest crime, however, moved Christian to do something exemplary. He contacted Tona Herndon and asked her to meet him in a church parking lot. When she did, he mugged her too, as a tribute to his father.

No, that’s not what happened: I was just messing with you. Continue reading