Ethics Heroes: 28 Harvard Law Professors

Campus sex is returning to the '50's....the 1850s.

Campus sex is returning to the ’50’s….the 1850s.

In 2011, the Obama Administration threatened universities with a loss of funding if they did not adopt a new “preponderance of the evidence” standard in evaluating alleged student sexual assault and sexual harassment. This was, few doubt, a sop thrown to the combative feminists among the Democratic base, those who detect a culture-wide “war on women” and who seek to cast co-eds as imperiled naifs even as the proclaim themselves the equals of men. Within three years this really bad idea has metastasized into the Campus Sexual Assault Witch Hunt Ethics Train Wreck, which would be getting more media attention but for the fact that the world is falling apart in chunks. Among its weirder effects is the proliferation of new “yes means yes” regulations, effectively taking all spontaneity, romance and fun out of sex, all in the service of dubious and cynically employed campus rape statistics. Take this, for example:

“Consider the sexual consent policy of California’s Claremont McKenna College, shared almost verbatim with other schools such as Occidental College in Los Angeles. Paragraphs long, consisting of multiple sections and subsections, and embedded within an even wordier 44-page document on harassment and sexual misconduct, Claremont’s sexual consent rules resemble nothing so much as a multilawyer-drafted contract for the sale and delivery of widgets, complete with definitions, the obligations of “all” (as opposed to “both”) parties, and the preconditions for default. “Effective consent consists of an affirmative, conscious decision by each participant to engage in mutually agreed upon (and the conditions of) sexual activity,” the authorities declare awkwardly. The policy goes on to elaborate at great length upon each of the “essential elements of Consent”—“Informed and reciprocal,” “Freely and actively given,” “Mutually understandable,” “Not indefinite,” “Not unlimited.” “All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting”—think: signing a mortgage—“and a willingness to do the same thing, at the same time, in the same way,” declare Claremont’s sex bureaucrats.”

Cheers, then, are due to 28 Harvard Law professors, who authored and signed a letter protesting Harvard University’s capitulation to the Obama Administration’s blackmail and urging the University to reject the new standards:

Some highlights: Continue reading

Ethics Hero Emeritus: Edna Gladney (1888-1961)

Edna Gladney

I am ashamed to admit that I never heard of Edna Gladney before I chanced upon a late night Turner Movie Classics showing of the 1941 biopic “Blossoms in the Dust,” which earned the great Greer Garson one of her many Academy Award nominations for her portrayal of Gladney (that’s Greer as Edna on the left). I was unaware of Gladney’s amazing life, legacy and contributions to society because 1) I’m not from Texas; 2) it is hard to learn about great people that society forgets about, and 3) feminists aren’t doing their job, perhaps because a strong and indomitable woman whose life was devoted to saving unwanted children rather than preventing their existence doesn’t interest them as much as it should.

Yet Gladney is exactly the kind of woman whose life should inspire young girls today, and young men too, for that matter. Still,  I recently asked 18 randomly chosen friends and acquaintances who Edna Gladney was, and not one of them knew.

And most of them didn’t know who Greer Garson was, either.

Sigh. Continue reading

So A Female Democrat Running To Be Governor Can Use A Former Domestic Abuser As A Spokeperson, But Feminists Would Revolt If A Pro Football Player Who Did The Same To His Spouse Was Allowed To Take The Field? Got it. Wait…No, I Really Don’t.

Go ahead, it's OK...he's a man, he probably deserves it.

Go ahead, it’s OK…he’s a man, he probably deserves it.

I realize that it seems like I am picking on women who are running for high office as Democrats: this is the third one within a week. It’s a coincidence, except that I have a growing suspicion that Democrats cynically sought out some female candidates for their gender and to hew to a theme rather than because they were especially well-qualified or even ready for prime time.

The current issue involves the Wisconsin governor’s race, where Mary Burke is opposing controversial, public union-battling GOP incumbent Scott Walker. Burke is running a 15-second pro-abortion ad (Walker is anti-abortion)  starring Erin Forrest,  the Jefferson County Democratic Party chairwoman. In 2013, Forrest — who then called Erin Sievert, was charged with two misdemeanor counts of domestic abuse, the first for battery and the second for disorderly conduct. In the criminal complaint, her husband said that she punched him in the eye and the groin, bit him on the shoulder, and ripped out one of his earrings. Prosecutors offered Forrest a deferred prosecution agreement in which she pleaded guilty to the charges in exchange for having them dropped later if she avoided further legal trouble and met other requirements. She did, and the prosecutors had the domestic violence charges dismissed as agreed.

Still, she agreed, by pleading guilty, that the charges were valid and described her conduct. This is far more than several of the NFL players currently losing millions of dollars and being pilloried in the media as violent lovers and vicious parents have done. Hmmm…..for which job is spousal violence more disqualifying? Throttling large athletes in armor who are paid to be clobbered and being a celebrated hero to sports fans, or being a women’s rights advocate, a role model for young women, and a representative of a candidate for Governor of Wisconsin? Continue reading

Slate’s Amanda Hess’s Very, Very Embarrassing Essay About Why It’s “Very, Very Stupid To Compare Hope Solo To Ray Rice”

Fa11 _WT_Hope AL Portrait_RGB.JPG

A Forbes  columnist wrote a clumsy essay that managed to make it sound like all incidents of campus sexual abuse were the fault of co-eds who can’t hold their liquor. It was almost instantly taken down, and he was sacked in disgrace, for some opinions are just not fit for open debate in politically correct America, it seems. Self-censorship is the order of the day, or fear the wrath of the War on Women Warriors. You can read the piece here: in my view, there was enough that was thought-provoking in it to allow the dumb and offensive parts to be taken care of by astute commenters, critics and bloggers. But women are the new unassailable icons right now (oh my God, I nearly wrote “sacred cows”! My career just flashed before my eyes…). It will be fascinating to see how long this delicate and fanciful balance can be maintained in the culture without someone breaking out in uncontrollable giggles: women are equal in every way to men, but are too pristine and delicate to accept or endure criticism of any kind, and if you dare offend them, you are toast.

Around the same time Forbes was declaring Bill Frezza’s essay a blight on humanity, Slate’s Amanda Hess was posting a column of at least equivalent nonsense content, and I would argue, more embarrassing. It is a desperate plea for a distaff double standard regarding domestic violence, responding to articles like mine, pointing out that soccer star Hope Solo is garnering faint condemnation for the pending charges against her, while the same sports writers and social commentators ignoring her are attacking the  National Football League and its several abusers, alleged abusers, and charged abusers with gusto. Hess calls her opus “No, Women’s Soccer Does Not Have a Domestic Violence Problem, Or, why it is very, very stupid to compare Hope Solo to Ray Rice. If this didn’t guarantee a ticket to spend a lonely weekend with Frezza lamenting the end of their gigs, nothing will. Slate disgraced itself by publishing it, because it adds nothing to the public debate regarding domestic abuse except rationalizations, excuses, and of course, the exalted double standard that women can do no wrong, or at least no wrong anyone should get upset about.

Before I expose the utter dishonesty and incompetence of Hess’s essay, let me just state for the record why I and anyone else who is objective and paying attention compares Solo to Rice (and the other NFL players recently disciplined), or to be more precise, compares the obligation of U.S. Soccer to treat its accused abusers exactly like the NFL is doing now: Continue reading

“The Strain” Ethics: Feminism, Sophie’s Choices and Moral Cowardice

The-Strain-Vampires

The FX cable networks ultra-creepy, disturbing and often disgusting series “The Strain” has begun raising ethics issues, as good science fiction (this is a horror-science fiction hybrid) is wont to do. The last episode, “It’s Not For Everyone” provided its characters with one ethical dilemma after another. [SPOILER ALERT!!] Arguably, all of them were botched. Continue reading

Comment of the Day: “Ethics Dunce: ESPN”

domestic_violence

I know I have written a lot about the Ray Rice domestic abuse case and its aftermath, most recently this morning, regarding CNN’s Carol Costello’s warped argument for suspending ESPN commentator Stephen A. Smith. (The Rice-related posts are here, here, here and here, with an earlier Comment of the Day here.) I keep coming back to it because it involves many ethics issues: sports and violence, the “Star Syndrome,” and the special treatment of cultural celebrities, race, domestic abuse, women’s enabling of domestic abusers, political correctness, scapegoating, corporate cowardice, incompetent journalism, and more.  Chris Marschner’s recent comment on one of those posts is better than anything I’ve written on the topic, I think. As is often demonstrated here, the readers make Ethics Alarms work.

One connection I didn’t make until I read Chris’s comment is the relevance of the Gaza crisis and the public’s reaction to it to some of the ethical principles involved. There is no question that Hamas provoked a violent attack by Israel, knowing that women and children would be harmed, and that Israel would be condemned by many as a consequence. Israel is much more powerful than Palestinian forces, and provoking it to defend itself when the inevitable results will be harm to the powerless is irresponsible. Yet we hear the same absolutist reactions to the Gaza casualties that are at the root of the anger focused on Smith’s comments. The victims of violence are never responsible in any way, and suggesting otherwise is immoral.

It’s a very flawed analogy in other respects. The civilians are not the ones provoking Israel, for example, though Hamas represents them–their harm is harm to Gaza, and therefor Hamas. Most of all, Israel is not an abuser, though I could quote many commentators who regard it as one, and who might see the comparison with Ray Rice as apt.

Here is Chris Marschner’s Comment of the Day on the post, Ethics Dunce: ESPN: Continue reading

CNN Presents The Carol Costello Rule: If A Network Issues One Unethical Suspension Of An Innocent Employee Based On Deranged Political Correctness, It Is Obligated To Issue Another

Smug, dishonest, unprofessional, illogical, unfair, biased, unethical: "THIS is CNN."

Smug, dishonest, unprofessional, illogical, unfair, biased, unethical: “THIS is CNN.”

I just have to stop watching CNN is the morning, because it places everyone in my house at risk for head shrapnel.

The main danger is the smug, biased, ethically-jumbled Carol Costello, CNN’s late morning anchor after the New York governor’s telegenic brother has finished indoctrinating us into his view of the world. Today, Costello was taking a victory lap, implying that she helped get Stephen A. Smith suspended by ESPN for daring to suggest that women bear some responsibility for avoiding placing themselves within range of an abuser’s fists. (Interestingly, Costello had no similar directives for ABC, which quietly allowed Whoopie Goldberg to make the same (valid) point on “The View” with no adverse actions whatsoever. See, a woman is allowed to state some uncomfortable truths, but the same truth in the mouth of a man is offensive. Learn the rules, for heaven’s sake!) Then Costello played a clip of her earlier argument why ESPN was wrong not to suspend Smith. She said …

“It’s nice that Smith apologized, but I wonder if the network will do what it ought to do and suspend Smith. Look, in 2012, the management of ESPN expressed outrage when two employees used the phrase “a chink in the armor” when referencing  Jeremy Linn, the Asian Basketball player. One employee was suspended for 30 days and the other was fired. So why is ESPN giving Smith a pass?”

Continue reading

Ethics Dunce: ESPN

"That will teach you to fudge the truth, Smith. Remember, you're a journalist!"

“That will teach you to remember to fudge the truth, Smith. Remember, you’re a journalist!”

Item: ESPN suspends Stephen A. Smith. Why? In response to the uproar over the NFL’s suspension of domestic abuser Ray Rice only two games for punching a woman’s lights out—the love of his life!—Smith uttered the blasphemy that some victims of domestic abuse share responsibility for their plight. Of course, he is 100% correct, and this something that many women must hear, learn, and act upon, or perhaps die. The proof: the precise case that prompted Smith’s comments! Janay Palmer, Rice’s punching bag, refused to file a complaint against him, and married the bastard a couple of months after he hauled her unconscious body out of a hotel elevator like a sack of potatoes, caught on camera.

If (I would say “when”) she gets clocked again, is she partially responsible? Absolutely. I also think she’s responsible in part for the injuries of every abused woman who follows her high-profile, irresponsible, violence-provoking (I use that unfortunately inexact word as Smith used it) example.

Smith’s suspension—for a week, almost as long as Rice— to mollify the feminist apologists for their violence enabling sisters, is craven and wrong.

________________________

Facts: ESPN

The Campus Sexual Assault Witch Hunt Ethics Train Wreck, Complicated By The Fact That The Witches Are Real

"Wait...are you raping me, or am I raping you?"

“Wait…are you raping me, or am I raping you?”

There is no question that there are sexual predators on college campuses, or that some colleges let them get away with raps on the knuckles for sexual assault or worse. There is also little question, though various parties and activists deny it, that what constitutes genuine sexual assault and even rape has been so thoroughly politicized and muddled by irresponsible rhetoric, dubious statistics and cynical political maneuvering that addressing the problem of actual campus sexual assault is becoming impossible without harming, indeed destroying, the innocent in some cases.

At Stanford, women are rallying for a more stringent process and harsher punishment after student Leah Francis protested in an e-mail to the campus that she had been “forcibly raped” by a fellow student and he was permitted to graduate. Of course, Stanford didn’t find the she had been raped: her assailant was found guilty of sexual assault. The loose use of “rape” to describe sexual assault for political purposes is one of the reasons universities seem incapable of finding a satisfactory balance in handling such cases. At the risk of getting ahead of the post, I would say this: if it is alleged to be rape, then turn the matter over to the police and the justice system. Schools are not allowed to use internal procedures to investigate and punish murder; it makes no sense to permit them to do so with the serious crime of rape. The fact that the standards of proof and the requirements of due process are less stringent in a campus procedure is what simultaneously leads to inadequate sanctions for the guilty and railroading of the innocent. The solution to this problem has always been available: treat allegations of campus rape like any other kind of rape.

Unfortunately, colleges are often in thrall to the political agendas of feminists and their allies, so “rape” can mean many things, as can “sexual assault.” In the casual, morality-free sexual atmosphere now not merely tolerated but nurtured on college campuses, lines of consent are blurred, and missteps are inevitable. At the same time, the permissive sexual environment is a playground for predators, exploiters and manipulators. How are the genuinely culpable sexual assailants to be distinguished from the clumsy, the confused, the misled, or the drunk and overly aroused? Continue reading

Being Fair To Hillary

"I'm doing this because I think it makes me look passionate..."

“I’m doing this because I think it makes me look passionate and sincere…”

I wanted to write about fairness this morning, in part because a troll that I ended up banning yesterday kept insisting that the ethical value of fairness was about “feelings.” (Have you visited, by the way, the excellent website, listed among the links here, fairness.com? You should!) That’s nonsense, but it is certainly true that fairness is often a controversial concept, and opinions of what constitutes fairness can diverge widely.

In the process of the mainstream media trying to ram Hillary Clinton down our throats as the next oppressed group President who couldn’t be impeached no matter what she did—and how entertaining it is watching Chris Cuomo grimace, roll his eyes and bite his tongue as his female CNN colleagues shift into “Yay Hillary!” mode every morning—, the pro-Hillary journalists are increasingly becoming full-fledged campaign flacks, which is disgraceful. Watch this interview with Sen. Ted Cruz, for example, in which CNN’s Erin Burnett plays the role of a Clinton defender on Benghazi without any hint of objectivity at all. They are also, however, having to cope with the uncomfortable facts of Clinton’s career, and if they intend to keep defending her—and they do—the hypocrisy will become overwhelming.

The Melinda Henneberger of the Washington Post, for example, notes that “an unpublished interview” has surfaced in which Clinton expresses glee at the acquittal of an accused child rapist she was defending. The documents from the case show that Clinton, who was defending the man pro bono as a young lawyer, offered the kind of defense that feminists condemn, questioning the conduct and the propriety of the victim. Henneberger pre-empts criticism by properly explaining the lawyer’s duty of zealous representation before she even describes what Clinton did. Would she have handled such a story the same way if the young lawyer had been “War on Women” monger Mitt Romney? I doubt it very much. Similarly, Jennifer Rubin in the same paper wonders if the media will use Clinton’s wealth, employment of tax reduction strategies and presumed greed against her, as it did Mitt. Good question, though the answer is pretty obvious, I think. Continue reading