Tag Archives: First Amendment

The NFL Is In Ethics Zugswang, But It’s For A Good Cause

Remember this, the essay a University of North Carolina athlete submitted to one of his courses—he got an A—leaked to the news media in 2014?

On the evening of December Rosa Parks decided that she was going to sit in the  white people section on the bus in Montgomery, Alabama. During this time blacks had to give up there seats to whites when more whites got on the bus. Rosa Parks refused to give up her seat. Her and the bus driver began to talk and the conversation went like this. “Let me have those front seats” said the driver. She didn’t get up and told the driver that she was tired of giving her seat to white people. “I’m going to have you arrested,” said the driver. “You may do that,” Rosa Parks responded. Two white policemen came in and Rosa Parks asked them “why do you all push us around?” The police officer replied and said “I don’t know, but the law is the law and you’re under arrest.

I think about this when I’m reading manifestos from pro football players who think the on-field protests that they can’t adequately explain are vital to national discourse. The protests aren’t, and the protesters aren’t. All of the articles about how protests are inherently patriotic are revealed as lies when the protests they are extolling are this divisive, this costly, and this pointless. The Kneelers are almost entirely filthy rich, maleducated, pampered, narcissist dead-heads whose critical thinking skills are infantile, and whose literacy is dubious. What entitles them to a national canvas every Sunday upon which to scribble their graffitti? Nothing. And by continuing to scribble, they are gradually reducing the visibility of that canvas, as well as the viability of their own occupation, which is short-lived already.

The NFL, meanwhile, is stuck in ethics zugswang by its own incompetence. Allow the players to continue making a mindless Fall ritual of mob ecstasy over the visceral pleasures of watching behemoths in armor crush each other an exercise in cognitive dissonance, and the NFL betrays its ticket-buyers, business partners, sponsors and stock holders. Tell the players to protest on their own time, and the NFL is siding with a President who crossed a line by telling a private business how to manage its employees, and setting itself up as opposing “police brutality,” thus Black Lives Matter, thus African Americans.

Meanwhile, the liberal punditry and news media, which doesn’t give a fig about football, is cheering on the Kneelers even as it drives the NFL into cultural harikiri. It’s a little like some of the more disgusting of the anti-gun fanatics when they reacted to the Las Vegas shooting: “Well, it was a lot of conservatives, so who cares, as long as we can use it to ban more guns.” Same here: Liberals, who are far from the core audience for pro football, are quite happy to see the NFL form a circular firing squad if it furthers “the resistance” and progressive narratives, if even for a little while.

An instructive example was a column earlier this month from the Times’ latest hard left op-ed writer, David Leonardt. Called “The Choice Between Winning And Kneeling,” it purported to be a “protest smart” exhortation to the NFL kneelers, without ever articulating exactly what this foggiest of all protests is supposed to win.

Leonardt begins with five inspiring and completely irrelevant paragraphs about the civil rights protests on the Sixties. This is intended to sanctify the NFL kneelers’ grandstanding, but accomplishes the opposite. That protest movement had clear and specific goals. Blacks and fair Americans wanted an end to Jim Crow. They wanted blacks to be able to vote, as the law said they could. They wanted an end to segregation, and discrimination by public commodities. They wanted to have equal justice under law enforced.

Making the intellectually dishonest leap from Selma to the football field, Leonhardt states, “The professional athletes doing political battle with President Trump are heirs to the civil-rights movement. They are protesting government-sanctioned violence against African-Americans,” thus falling flat on his face immediately. Wait: are they opposing President Trump, or are they “protesting government-sanctioned violence against African-Americans”?  Is he suggesting that Trump favors violence against African-Americans?  Who and what is the protest about?

Well, some are protesting one, some are protesting the other, and some are just going along for the ride. By what measure does Leonardt make the factually false statement that violence against African American is “government-sanctioned”? The U.S. government encourages people to kill blacks? No,  it doesn’t.  Leonardt dishonestly links to the Washington Post data base on police shootings, as if this supports his slur.  Among other things, those statistics show more whites shot than blacks. Never mind. Leonardt is just trying to pretend the NFL players have a clue what they want.

We know what legislative and societal measures Martin Luther King wanted. What measures would address the Kneelers’ concerns? A law declaring that police must never shoot blacks when the officers felt threatened? Officers counting to five before using their gun if a suspect is black, and just to three if he’s white? Automatically pronouncing any officer who shoots and kills a black man as guilty of murder? Dispensing with juries when white officers are involved, and using “innocent until proven guilty” as the standard when black officers are involved? Colin Kaepernick thought that any officer who shoots a black man should be automatically suspended without pay, before any investigation. Is that the goal? As I have noted before, “ending systemic oppression”  is just a slogan. It is meaningless. If it is meaningless, so is the protest calling for “something” to be done about it.

Leonhardt doesn’t care. He just wants to promote societal division; it’s the Leftist Way. “From a moral standpoint, this issue is clear. The athletes are right — and have every right to protest as they have. Trump is wrong, about the scourge of police violence and about freedom of speech,” he writes. Really? What are the athletes “right” about? Even they don’t know.  The President has never said that police violence was or wasn’t a problem, but I thought Leonardt just wrote a few sentences before that the protest was about “government-sanctioned violence against African-Americans,” didn’t he? But he linked to a source about police shootings involving all races. Whatever! This is an op-ed for the choir, and not its brightest members, either: there’s no genuine analysis or reasoning, just shotgun endorsement of broad progressive cant. Blacks oppressed. Police bad. Guns bad. United States racist. Trump racist.

Trump, of course, is completely correct about freedom of speech in this matter: employees don’t have a right to turn the workplace into their own, personal Sixties college campus. But, you see, Trump is intrinsically “wrong,” so even when he’s right, it’s wrong. Continue reading

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Morning Ethics Warm-Up, 9/26/17: The News Media Hides Sen. Strange’s Corruption, And An NFL Anthem Protest Ethics Train Wreck Update

Good Morning, Dallas! Proud of your politically correct football team?

Good Morning!

1 The New York Times and the rest of the mainstream news media, it is a relief to know, unethically and deceptively slants its news reporting in favor of Republicans when even worse Republicans are involved. Since the Ethics Alarms post about the horrible Strange-Moore run-off, I’ve been reading several articles about the issues involved. So far, I have yet to read any that mention the corrupt manner in which Sen. Strange got his seat. They all mention Moore’s problems, like the fact that he’s a theocrat who doesn’t believe in the Rule of Law.

And now your NFL Anthem Protest Ethics Train Wreck update, because it can’t be avoided, unfortunately…

2. The sports weenies of the year have to be the Dallas Cowboys, who didn’t have either the courage to play it straight and let the silly NFL Anthem Protest Train Wreck miss a stop, or the fortitude to climb right on. On Monday Night Football’s game this week, the Cowboys, owner Jerry Jones, Coach Jason Garrett and other coaches and front office executives kneeled in unison before the anthem, then rose and locked arms as it was being performed. What did it all mean? “Our players wanted to make a statement about unity and we wanted to make a statement about equality,” Jones said at a post game news conference. “They were very much aware that statement, when made or when attempted to be made in and a part of the recognition of our flag, cannot only lead to criticism but also controversy. It was real easy for everybody in our organization to see that the message of unity, the message of equality was getting, if you will, pushed aside or diminished by the controversy. We even had the circumstances that it was being made into a controversy.”

That’s clear as mud, as my dad liked to say.

Here was another theory: Cowboys wide receiver Dez Bryant told the news media that the decision “was a team thing” that was a direct response to comments and tweets by President Trump over the weekend.

“I feel like that’s the true definition of unity.Trump can’t divide this. I think sports show the perfect example of unity. It’s not just black NFL players, it’s different races. I feel like that was a clear shot at Trump, sitting on that knee like that because you just can’t do that [What Trump said was] super disrespectful. We showed great unity tonight. That’s what that was for. I feel like that was needed. … We’re not going to let a guy like that tear us apart. Not just us but this whole entire league. We’re a prime example of positive people. … He should have never said that. It was a clear punch in the face. I feel like we made up for that.”

Wait, so now this is an anti-Trump protest? What happened to protesting officers getting paid while cop-involved shootings were being investigated—you know, what Colin Kaepernick said?

The Cowboys’ whatever it was was naked, cynical virtue-signalling that ended up being stupidity-signalling. Continue reading

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Morning Ethics Warm-Up, 9/17/17: Boy Scouts, “Will and Grace,” An Actress Whines, Wedding Cakes, And (I’m Sorry!) More Hillary

Good Morning!

1 I’m giving an ethics talk to a Boy Scout troop this afternoon. Figuring out how to use example that are appropriate to ages 11-14 while avoiding hot-button issues like race, sexual orientation, police, guns and politics in general is a lot more difficult than I thought it would be. What pop culture reference points will work is also a conundrum. What movies are they likely to have seen? In the Sixties, I could have referred to Westerns, many of which routinely embodied ethics lessons. But they also often involved shooting people, and kids don’t see Westerns now. In the Eighties, I might have sent Boy Scouts to episodes of “Star Trek: The Next Generation,” which was virtually all about ethics. But Patrick Stewart is just an old guy doing commercials now, and there have been four TV incarnations of the franchise since Data packed it in, not counting the movies. Pixar movies are usually ethics-rich, but a lot of kids will bristle at being presumed to be cartoon fans. Superhero movies? The ones that raise ethics issues usually do so badly, or the issues are too complex—or too dark– for a Boy Scout Troop. Here we see the serious cultural problem of declining cultural literacy and deteriorating cross-generational communications as a result of the loss of common experience. and interests.

Well, it’s early. I’ll figure out something.

One approach I considered was to suggest they practice ethical analysis by reading the newspaper, picking out the ethics dilemmas and controversies that appear, thinking about them and arguing about them. Of course, that was foolish: they would probably ask, “What’s a newspaper?” However this morning’s Sunday Times is a perfect example. I could teach a four hour ethics seminar based on the stories in this edition alone. Look…

2. The baker who refused to sell a cake to a gay couple is back on the front page, thanks to the case winding its way to the Supreme Court. This time, the focus isn’t on Freedom of Religion (in this case, freedom to act like a jackass using your religion as an excuse), but Freedom of Speech. The government cannot compel speech, nor will the law compel specific performance of an artistic nature. The baker claims that his cakes are artistic creations, and he doesn’t have to make them for anyone or anything if he doesn’t want to.  The gay couple says that they weren’t asking for him to create an artwork, just to sell them a wedding cake. If the cake is a commodity, then the bake shop should be a public accommodation, and subject to applicable laws. Then the baker has to sell his cakes to anyone. If the cake is an “artistic creation” made specifically for the couple, then the law cannot force the baker to make it, or punish him if he refuses. Art is speech.

I hate these kinds of cases, and I’m sure the SCOTUS justices do too. A cake is sometimes just a cake, and sometimes a work of art. The confrontation should have been handled with ethics rather than law. The baker is a bigoted jerk, that’s all. I think he has a right not to make a cake for a gay couple, but exercising that right is cruel and insulting. Continue reading

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Ethical Quote Of The Week: Ann Althouse

“Hey, journalist — you call yourself a “journalist” — how about not being on any side? Have you completely forgotten that idea? Sad about your camera, but what about your ethics? Did somebody grab them too and smash them on the pavement? Or is it still possible to scrounge back somewhere in your head and find them?”

—-Bloggress and retired law prof Ann Althouse, commenting on a New Republic story in which a photographer complains about an antifa thug breaking his camera despite his assurances that they were on the “same side.”

Yes, Ann, journalists have completely forgotten that idea, and that idea was little more than a faint memory by 2008, when total ethics amnesia set in.

The journalist in question, Mike Kessler, signals his assumed virtue by writing…

To be clear, there’s no equivalence between white supremacists and antifas. One has a message of hate, and one seeks to stop that hate…. Conflating the two groups is a way for whataboutist conservatives to play down the racist rot that is spreading on the right….

To be clear, Mike, that’s utter bullshit, though it is the basis upon which the news media, Democrats and Never-Trump Republicans mugged the President for condemning  equally—as he should have–the violent white nationalists in Charlottesville who were protesting the removal of a Robert E. Lee statue, and the violent antifa felons who attacked them to stifle their exercise of their Constitution-guaranteed rights. The far-left’s  hooded antifa assholes who claim to oppose hate while wielding it, and whose objective is to destroy the freedom of speech through intimidation, are exactly as dangerous, repulsive and wrong as the far-right bigots who want to deny equal rights and opportunities to non-white minorities. Continue reading

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Professor Volokh’s Ethics Dissent On The Vicious, Pazuzu-Blaming Professor’s Firing

‘Yes, I know he’s an idiot, but we should support idiots as highly paid teachers of our children, for the protection of the non-idiots…

Eugene Volokh is one of the best and most objective legal minds in the country. If he finds himself on the Supreme Court when Kennedy retires or Ginsberg shuffles off this mortal coil, we will not have suffered through the ugliness of the Trump years in vain. When he opines, I listen, as we all should, and he has now opined regarding the now fired idiot that I wrote about this morning, ex-University of Tampa visiting sociology professor Ken Storey.

Storey used Twitter, in the middle of the still-unfolding human disaster in Houston and soon New Orleans, to announce that flooding victims who were Trump supporters or Republicans deserved to die. He did this twice, so his later claim that his words did not intentionally convey what his words were obviously intended to convey was a desperate and obvious lie.

I wrote:

The university or college that fires an employee like Storey is protecting its reputation as a responsible institution, by stating in clear terms that people with terrible judgment and cruel and unethical instincts who are motivated by hate and intolerance are not qualified to teach….because they aren’t. That professors increasingly have no ethics alarms beeping when the prepare to publish sentiments like Storey’s (or worse) shows how thoroughly the leftist echo chambers of most campus faculties turn academics into Pat Robertson, which is to say, rigid, mean, and dumb. Once upon a time, liberals giggled themselves silly over the evangelical huckster’s periodic pronouncement about how a disaster was God’s way of punishing the U.S. for not abusing gays sufficiently, or similar bile, Now they do the same thing, and expect their colleagues and students to applaud.

Today, in the Washington Post, Professor Volokh advocates a different position:

Storey’s comments were nasty and mean-spirited; and I should note that the University of Tampa is a private university, in a state that doesn’t limit private employers’ ability to fire employees for their speech. The university’s actions thus seem legal (assuming they didn’t breach any contract). And Storey’s comments also weren’t academic or likely to be part of a serious political debate.

But the university’s action strikes me as further undermining the freedom of expression and debate at American universities, including the freedom to say things that are much more thoughtful. If you were an untenured faculty member at the University of Tampa, would you feel free to express your views on controversial subjects, when you saw how the university reacted to this tweet? Even if your views were very different politically, what do you think the University would do if people started pressuring for your dismissal, pointing to the Storey incident as precedent?

I’ve talked before about “censorship envy,” one mechanism through which these sorts of speech restrictions can grow: “If my neighbor — and especially my political adversary — gets to ban speech he reviles,” the thinking goes, “why shouldn’t I get to do the same?”

If a university has a strong policy of protecting speech, including offensive speech, administrators can point to that policy as a means of resisting calls for firing a controversial faculty member, and they can appeal to people’s desire to see speakers on their own side protected, and use that desire to help protect speakers on all sides. But once the university starts firing some people for speech “that do[es] not reflect [the university’s] community views or values,” that makes it much harder to resist calls for more suppression. Indeed, at that point tolerating speech starts implicitly conveying the message that the speech does reflect the university’s community views or values — and to avoid that implication, the university would have to fire any speaker who offended some sufficiently influential constituency.

I am very confident that in this rare case, Prof. Volokh is dead wrong. Continue reading

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Morning Ethics Warm-Up, 8/30/17: A Vicious Professor, Pazuzu, And Kathy Griffin Revokes Her Apology

[ Just to remind you how good Debbie, Gene and Donald were. Note that these dancers skipped the staircase..]

GOOD Morning…

I’m changing the Warm-Up headlines to reflect the topics covered. I may even go back and revise the old headlines. It took a while, but I realized that having dozens of essentially identical post titles with only a date as the distinction made archive research harder than it had to be.

1.I would have headlined the story of now fired visiting University of Tampa professor Ken Storey “Vicious, bigoted and possessed by the Demon Pazuzu is no way to go through academia, son,” but so many professors have used social media to make outrageous and offensive statements that the ethics issue is getting repetitious. (I think Jonathan Turley has done a post on each one of them, and will continue to on his blog.)

The question is whether a college or university is breaching its commitment to free expression and academic freedom when it fires a professor who says that all men are rapists, or that whites should be exterminated, or, in Storey’s case,

When asked later if this theory also applied to Florida,  and Trump supporters there deserved a similar fate.the Florida college professor replied,

“Yep, those who voted for him here deserve it as well.”

The answer is no. The university or college that fires an employee like Storey is protecting its reputation as a responsible institution, by stating in clear terms that people with terrible judgment and cruel and unethical instincts who are motivated by hate and intolerance are not qualified to teach….because they aren’t. That professors increasingly have no ethics alarms beeping when the prepare to publish sentiments like Storey’s (or worse) shows how thoroughly the leftist echo chambers of most campus faculties turn academics into Pat Robertson, which is to say, rigid, mean, and dumb. Once upon a time, liberals giggled themselves silly over the evangelical huckster’s periodic pronouncement about how a disaster was God’s way of punishing the U.S. for not abusing gays sufficiently, or similar bile, Now they do the same thing, and expect their colleagues and students to applaud.

Ken compounded his ethical offense by the standards of Ethics Alarms by issuing a terrible apology that evoked the Pazuzu excuse. Realizing that he had gone too far, he tweeted,

“I deeply regret a statement I posted yesterday. I never meant to wish ill will upon any group. I hope all affected by Harvey recover quickly.”

Translation: “Oops. My hateful expression of glee over the tragedy afflicting Texans seems to have put my job in jeopardy. I regret that, so I have pulled down my tweet and am pretending to be sorry. I never meant to wish ill will upon any group, even though somehow my tweet wished ill on a group in the clearest terms, and I doubled down on it. Someone or something else must have been responsible. I hope all affected by Harvey recover quickly. (Saying that will let me keep my job, right?)”

This is a #10 apology on the Ethics Alarms Apology Scale, the worst there is:

An insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply, and to deceive his or her victims into forgiveness and trust, so they are vulnerable to future wrongdoing.

Storey was fired.

Good.

2. Speaking of phony apologies, Kathy Griffin, she of the Bloody Head, went all the way to Australia to reveal that she really isn’t sorry about representing that the beheading of a U.S. President is hilarious: Continue reading

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Morning Ethics Warm-Up: 8/25/17

Good Morning, everyone!

[I thought I had posted this two hours ago! I’m sorry!]

1. Re President Trump’s latest anti-news media rant: American journalism’s abandonment of partisan neutrality, competence and professionalism has become the single greatest threat to the nation’s functioning democracy, along with the erosion of public trust that this has caused. I have previously endorsed President Trump’s earlier statement that the news media has become an enemy of the people it is supposed to serve. However, saying, as he did this week, that journalists don’t “love America” is incompetent and irresponsible.

But what else is new. Journalists just over-overwhelmingly hate him, and cannot muster the professionalism to do their duties fairly as a result. (Norah O’ Donnell actually interrupted Trump’s anti-journalism rant to call him a liar—nice.  A network news operation with professional standards would suspend her for that. ) To be fair to the President, his use of language and comprehension of it is devoid of nuance. I presume that to him, saying that the news media hates America, hates him, and is the enemy of the people all mean the same thing.

2. Let’s keep track of which journalists and politicians relate Hurricane Harvey to climate change, or cite the dangerous storm as more evidence that the “consensus” is correct. This is the first major hurricane in 12 years, in defiance of virtually all predictions and climate change models, which told us that the warming earth would lead to more frequent violent storms, not fewer. Of course, the sudden and unexpected dearth of hurricanes during the entire Obama administration (no, Super Storm Sandy was not a hurricane) also doesn’t prove that climate change is a crock. But every single individual, activist, meteorologist, reporter, talking head, Democrat and Al Gore Fan Club member that points to Harney and says, “See???” is proving that he or she isn’t interested in the truth, just in furthering an agenda.

3. We shouldn’t allow California to secede, but it will be tempting, if it ever comes to that. Continue reading

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