football

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

/ Jack Marshall / 60 Comments

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 →

Comment Of The Day: The NFL Anthem Protest Ethics Train Wreck, Part One

/ Jack Marshall / 209 Comments

http://www.youtube.com/watch?v=5bW5Wf_dH7Q

Yeoman commenter Chris issued a detailed response to the first of two posts about the anthem protest fiasco. It’s not all rebuttal, and raises other related issues; Chris is clear and articulate, and I wanted to get this up now so commenters could respond here.

I’ll just argue immediately with one of Chris’s points, because I have always found it bizarre when I have encountered it elsewhere.  The Left’s aversion to rituals like standing for the National Anthem or saluting the flag seems to me to be a wonderful example of missing the crucially important forest for a scrawny tree. Rituals, traditions and ceremonies bind people, cultures and societies together. They also bind other cultures together, including small ones, like families. Singing and listening to that Anthem at public events is at worst harmless, and at best a binding and powerful group experience. I feel sorry for people who don’t or can’t experience it, just as I feel pity for those who cut themselves off from the culture’s celebration of Christmas to show their aversion to Christianity or religion. I have seen what havoc is raised in a family when a long and beloved tradition is suddenly rejected by a child. The family is wounded, and all its members are affected. This is just a microcosm of what happens in a nation when there is the kind of widespread rejection of values and symbols that Chris and those like him advocate.

The National Anthem at sporting events is theater, spectacle, and symbolic. Anyone on the field is part of the spectacle, and has the power to diminish the experience for people who care deeply about it. They also harm the tradition itself. For an organization like a sports team, it is important to make any on-field display professional, uniform, and pleasing to the audience. A player intentionally refusing to conform with the ritual and thus disrupting it is, at the minimum, rude and selfish. A team has every justification to take measures to prevent some players from standing respectfully, others kneeling, others turning their back, some waving competing flags and others making farting sounds. It looks bad. It will turn the tradition into a farce. Most important of all, it weakens the country and the culture. National pride and respect is part of the connective tissue that ensures the strength and health of any society. I cannot fathom why so many on the Left cannot grasp this concept, and I have dark suspicions that they do grasp it, and this is why they try to tear our traditions down.

Commenter John Glass also passed this along:

The specific rule pertaining to the national anthem is found on pages A62-63 of the NFL League Rulebook. It states: ‘The National Anthem must be played prior to every NFL game, and all players must be on the sideline for the National Anthem. ‘During the National Anthem, players on the field and bench area should stand at attention, face the flag, hold helmets in their left hand, and refrain from talking. The home team should ensure that the American flag is in good condition… …It should be pointed out to players and coaches that we continue to be judged by the public in this area of respect for the flag and our country. Failure to be on the field by the start of the National Anthem may result in discipline, such as fines, suspensions, and/or the forfeiture of draft choice(s) for violations of the above, including first offenses.’

Any employer has a right to set such rules and conditions for on the job conduct, and any employee has a right to ply his trade, or another, elsewhere.

Here is Chris’s Comment of the Day on the post, The NFL Anthem Protest Ethics Train Wreck, Part One:

sports should not be made a party to the current progressive indoctrination strategy of making everything in American life a political lecture

I agree, which is why the National Anthem should not be played at sporting events.

Nobody pays to go to sporting events to see continuations of the political disputes and debates they watch sports to avoid. Sports is entertainment, and entertainment is escapism.

I agree, which is why the National Anthem should not be played at sporting events.

It’s a useful distinction, and there is no question that the President, as misguided and inappropriate as his remarks were, wins the argument with the many, many millions who just want to watch their favorite teams without being bombarded by political bombast and grandstanding.

I agree, which is why the National Anthem should not be played at sporting events. (And was Trump’s statement not political bombast and grandstanding?

Players are welcome to have political views and to take part in demonstrations and other activism, but not while wearing their uniforms, and not on the field.

I agree, which is why players should not be forced to take part in a political demonstration during sporting events.

Yesterday, over a hundred NFL players “took a knee” during the National Anthem to protest…something…as the news media cheered them on.

It was very clear to me what they were protesting; you describe it here:

The US doesn’t need any more division now, and Trump’s crude outburst was indefensible. Presidents should not comment negatively on the conduct of citizens when they are acting within their Constitutional rights. Nor should they interfere with the policies and disciplinary decisions of private businesses

That’s what they’re protesting. It’s what I would be doing too. I’ve said before that I think flag burning is idiotic, but if Trump followed through on his threats to make flag burning illegal, I would become a flag burner. There may not have been a specific threat here, but the principle is the same. If Trump calls people who take a knee during the national anthem “sons of bitches,” then let me be a son of a bitch. Continue reading →

The NFL Anthem Protest Ethics Train Wreck, Part Two

/ Jack Marshall / 21 Comments

The overview of our latest Ethics Train Wreck continues from Part One…

  • Slate published an essay by African-American musician John Legend that itself makes an excellent case against the protests while supposedly glorifying them. Never mind the standard anti-Trump spin at the beginning about “Islamophobia” and the rest, though it is nice for any author to state up front that he’s completely biased and his opinion should be discarded as such. Legend and Slate have the audacity to evoke actual protests that were clear and targeted in comparison the all-purpose “knee”:

“Protest is patriotic. Protest has played a critically important role in elevating the voices of the most vulnerable in our nation. Protest in America has been essential to ending war, to demanding equal rights, to ending unfair practices that keep citizens marginalized. If we quell protest in the name of patriotism, we are not patriots. We are tyrants.

Would there have been a Civil Rights Act without the Birmingham protests? When Bull Connor unleashed his fire hoses and dogs on the schoolchildren taking to the streets, racial disparities and the violence facing people because of the color of their skin became the issues of the times. With savage images of the brutal attack in the news every day, President John Kennedy had little choice but to push for a Civil Rights Act that demanded equal services and equal rights.

Protests in Selma, Alabama, changed the trajectory of this nation and catapulted the Voting Rights Act into being.”

A recipe for tapioca would be as germane to the NFL protests as the Selma march. There is no definable law, principle or position these protests bring into focus. Let’s check the Ethics Alarms Protest Ethics Checklist against the NFL grandstanding:

1. Is this protest just and necessary?

No. How is it just? How is it necessary?

2. Is the primary motive for the protest unclear, personal, selfish, too broad or narrow?

Unclear and too broad by definition, since no two protesters make the same argument.

3. Is the means of protest appropriate to the objective?

Obviously not. What does football have to do with “racial justice”?

4. Is there a significant chance that it will achieve an ethical objective or contribute to doing so?

None whatsoever.

5. What will this protest cost, and who will have to pay the bill?

It’s already cost the NFL millions. But nobody is protesting the NFL…

6. Will the individuals or organizations that are the targets of the protest also be the ones who will most powerfully feel its effects?

No.

7. Will innocent people be adversely affected by this action? (If so, how many?)

Sure: every single fan who wants to just watch football.

8. Is there a significant possibility that anyone will be hurt or harmed? (if so, how seriously? How many people?)

The relentless politicizing of sports and entertainment harms U.S. society and frays the fabric of democracy. That means everyone.

9. Are you and your group prepared to take full responsibility for the consequences of the protest?

Clearly not: witness the constant complaining that NFL teams won’t hire Kaepernick so their season is dominated by racial politics rather than, you know, football..

10. Would an objective person feel that the protest is fair, reasonable, and proportional to its goal?

No.

11. What is the likelihood that the protest will be remembered as important, coherent, useful, effective and influential?

My guess: no chance whatsoever, unless unintended consequences count, like getting more votes for President Trump and crippling the NFL count.

12. Could the same resources, energy and time be more productively used toward achieving the same goals, or better ones?

It’s hard to imaging what wouldn’t be a better use of resources, energy and time.

Verdict: It’s an unethical protest. There is nothing patriotic about unethical protests. We have a right to protest; as with free speech, that doesn’t make all examples of exercising that right good, and certainly not “patriotic.”

  • However, let me argue in the alternative, as lawyers often do. Let’s say that, as Legend claims, all protests are patriotic. Fine. Then then Charlottesville protest against tearing down a statue of Robert E. Lee was also patriotic. Why, the, was the President attacked—by Legend and Slate, among others, for not condemning it?

The Left believes that protests are sacrosanct only when they are doing the protesting. There is nothing wrong or unpatriotic about accurately labeling a dumb, badly-conceived or destructive protest, and this one is all three.

“Football was down. The end. We, the good people who read the NYT, must say no to football. What is known cannot become unknown except by willful, immoral forgetting. No decent person can take pleasure in football. No fit parent can allow a child to take up the game. The era of American football is over. Bury it. We can end the misery through the simple and necessary refusal to watch anymore. Say no, America… or hey, wait a minute. Here’s that nasty President of the United States and he’s calling for a boycott of football…

So, watch the liberal media endeavor to save football from bad old President Trump. He’s a racist. This is his racism once again, stirring up the stupid people who voted for him. Here‘s the NYT today:

“The tweet suggested that the president, who used an expletive on Friday night to refer to players who kneel or sit in protest during the anthem — a practice that took hold last season among some African-American players after Colin Kaepernick, the now-former San Francisco 49ers quarterback, did so to protest racial and social injustice — is bent on deepening a bitter culture-war fight with the N.F.L.

It is a highly charged debate, with unmistakable racial undertones, pitting advocates of free speech who argue that professional athletes should have a right to use their positions to call attention to social issues against those who contend that refusing to honor the anthem disrespects the military and the nation, and that sports is no place for such displays.”

 Ann’s line:

“Let the brain damage continue. We’ve got a culture war to fight.”

Continue reading →

The NFL Anthem Protest Ethics Train Wreck, Part One

/ Jack Marshall / 109 Comments

Ah, the post unwritten!  Just three days ago, I was considering a post about the ethics dilemma I face regarding the NFL. On September 21 I read that four  NFL players ( Seattle Seahawks’ Michael Bennett, Philadelphia Eagles’ Malcolm Jenkins, Eagles’ Torrey Smith and former NFL player Anquan Boldin) sent a letter beseeching Commissioner Roger Goodell to make November a month of “social activism,” meaning a month of promoting Black Lives Matters, attacking as police’ and the nation whose public they protect as racist.

“Since 2016, police have shot over 300 men and women in this country. Some of the names and stories are familiar—Jordan Edwards, Trayvon Martin, Alton Sterling, but hundreds of others are not,” the memo says. This is typical of the level of erudition much of the news media, and many voices  on the Left, including President Obama, have been enabling and praising since Colin Kaepernick began his showboating, incoherent  protest against the National Anthem last year. The officer who shot Jordan Edwards was fired and indicted. Trayvon Martin wasn’t shot by police. I can’t imagine how Mike Brown was left off the list, with a reference to “Hands Up! Don’t Shoot!” Probably a typo.

The next day, we learned that Aaron Hernandez, the Patriots star convicted of murder who hanged himself in prison in April, suffered from a severe case of CTE, “the most severe case” ever seen in a former football player so young.” He was 27. Of course, not a lot of 27 year olds are in a position to have their brains dissected. CTE is the progressive brain disease caused by repeated brain trauma, and there is convincing evidence that the NFL is crippling its players.

My post was going to be about the ethics conflict I face, as one who believes that it is unethical to support the NFL’s profitable mayhem and who also believes that sports should not be made a party to the current progressive indoctrination strategy of making everything in American life a political lecture. The NFL would hasten its own demise, the post would argue, by agreeing to the ridiculous social activism proposal, thus saving brains and lives. Yet this would also exacerbate the divisive and obnoxious trend in the culture wars to politicize aspects of society that should unify us.
What’s a responsible ethicist to do? But it was a busy week, and I thought I could get the piece written over the weekend, which would have been timely if President Trump hadn’t jumped into the issue with both feet. The President ad-libbed an attack on the Kaepernickies during a rally in Alabama, saying,

“Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get that son of a bitch off the field right now. Out! He’s fired. He’s fired!’” Trump said. “You know, some owner is going to do that. He’s going to say, ‘That guy that disrespects our flag, he’s fired.’ And that owner, they don’t know it [but] they’ll be the most popular person in this country…But do you know what’s hurting the game more than that? When people like yourselves turn on television and you see those people taking the knee when they’re playing our great national anthem. The only thing you could do better is if you see it, even if it’s one player, leave the stadium. I guarantee things will stop. Things will stop. Just pick up and leave. Pick up and leave. Not the same game anymore, anyway.”

This immediately turned the National Anthem protest stunt launched by the correctly-unemployed former 49ers quarterback into a late-developing ethics train wreck, and rendered my planned ethics quiz moot. So before anything else stupid happens, let me get down what I hope will be some clarifying observations.Observations:

  • This one is simple, and paramount: Nobody pays to go to sporting events to see continuations of the political disputes and debates they watch sports to avoid. Sports is entertainment, and entertainment is escapism. The same goes for music concerts, movies, plays and musicals. A football player making me watch his half-baked “protest” on the field is no more welcome than the cast of a musical making me sit still to hear its partisan ranting after the show.

Sporting events and other popular entertainment are crucial because they unite society, even if its members disagree passionately on other matters. It is dangerous and unhealthy to remove this crucial oasis of relief from debate, especially now. This should be obvious. It isn’t obvious only to full-time activists who don’t care about the purpose of entertainment or the needs of their audiences. Their objective is to achieve a political agenda by any means possible, regardless of the damage to civil society.

  • A term being used a lot lately on conservative websites is “normals,” describing the Americans who don’t regard politics as the sole focus of their waking hours, and who resent, as the Wall Street Journal termed it, The Politicization Of Everything.

It’s a useful distinction, and there is no question that the President, as misguided and inappropriate as his remarks were,  wins the argument with the many, many millions who just want to watch their favorite teams without being bombarded by political bombast and grandstanding.

  • The NFL could have and should have stopped this train wreck before it left the station by simply re-stating the same standards it had consistently maintained for decades. Players are welcome to have political views and to take part in demonstrations and other activism, but not while wearing their uniforms, and not on the field. Almost exactly a year ago, a player was told by the NFL that he could not wear cleats commemorating 9/11.

Why then did pro football allow Colin Kaepernick to make a far more divisive and incoherent political statement on the field later in the year? The answer is cowardice and abandonment of integrity in the face of race-based politics, the same reason the University of Missouri capitulated to racialist demands by its football team. Most of the players in the NFL are black, so the mostly white leaders of the NFL decided to avoid a confrontation. In doing so, it aligned itself with groups and positions that a large segment of the NFL’s fan base abhors, resulting in lost ratings and revenues. This was a breach of business ethics. The NFL’s business is football, not picking sides in the culture wars.

  • Yesterday, over a hundred NFL players “took a knee” during the National Anthem to protest…something…as the news media cheered them on. This was predictable, and the big question is whether the President prompted the reaction intentionally. I am certain he did not; we know by now that Trump  just blurts stuff out without considering consequences of any kind. The US doesn’t need any more division now, and Trump’s crude outburst was indefensible. Presidents should not comment negatively on the conduct of citizens when they are acting within their Constitutional rights. Nor should they interfere with the policies and disciplinary decisions of private businesses, which he did, and which President Obama also did when he endorsed and defended Kaepernick’s stunt last year.

Both were equally inappropriate and unethical, and abuses of power, influence and position. Of course, Obama’s statement was more dignified and articulate than Trump’s—whose wouldn’t be?—and everything Obama did was greeted with swooning and cheers from the media, while anything this President does is presumed to be an abomination.  They were still two sides of the same unethical coin. Continue reading →

Unethical Quote Of The Month: An NFL Wife, On The Private Facebook Fearful Spouses Of Future CTE Victims Support Group Page

/ Jack Marshall / 17 Comments

“It’s scary to think about the future and the ‘what ifs’ … if it’s what he loves, I have to support it.”

What? No, you don’t!

The above anonymous quote from a feature about how 2,000 wives of past and current NFL players share their fears and console each other as the evidence mounts that their husbands are likely to spend their final years as tortured, brain-damaged victims of their sport and burdens on their families illustrates how delusional supporters of the NFL money machine have become.

It also shows, to depressing degree, how people will rationalize and justify conduct that cannot be rationally defended.

If an unmarried NFL player without family responsibilities chooses to shorten his life and cripple himself in exchange for a brief career in the limelight and a lot of money, that’s his stupid choice to make. Then the only other responsible parties are the cynical and corrupt sport that knowingly pays him to make that choice, the amoral and greedy corporations that make such cruelty worth the NFL’s while, and the ethics alarms deficient football fans who get their Sunday thrills watching young men slowly disable themselves. Continue reading →

The Supreme Court Rules Against Government-Enforced Political Correctness

/ Jack Marshall / 15 Comments

The Supreme Court affirmed today that a Trademark law’s restriction on registration of disparaging marks violates the free speech guarantees of the US Constitution. In the case of Matal v. Tam, the Court (as Ethics Alarms predicted over a year ago) ruled that the government cannot legally  deny a trademark to companies or other applicants solely on the basis of the name being regarded as “offensive.”

Good.

The case concerned  an Asian-American band called The Slants, but the decision effectively settles the Washington Redskins’ fight to retain the trademark on its nickname. Harry Reid, also engaging in unconstitutional infringement of free speech, had his Democrats in the Senate send a threatening letter to team owner Dan Snyder, while the U.S. Patent and Trademark Office (PTO), taking its cues from the Obama Administration theme that race and victim-mongering  trumps basic rights, ruled that the Washington NFL team’s name was “disparaging to Native Americans,” and cancelled six of its federal trademark registrations. The team appealed that verdict, and team owner Dan Snyder has vowed not to cave to illegal bullying from the government.

Thanks to the ruling—did I mention that it was unanimous?—the PTO will begin allowing registration of disparaging marks and will not cancel Registered marks because they are disparaging.

The last time I addressed this issue, in December of 2015, I wrote,

“I would like to see Snyder fight off the unethical government speech bullies, foil the political correctness hordes, and then, after he hasn’t heard a peep about team for a couple of years quietly change the anachronistic team name on his own volition. It’s time. The message sent by capitulating to the activists trying to force him to change, however, would be the same dangerous message sent by today’s college administrators, which is that a claim of offense doesn’t have to be reasonable to effectively muzzle speech, just persistent.”

I also wrote, somewhat more passionately ,in an earlier post, Continue reading →

When Ethics Alarms Don’t Ring: A Coach With CTE Continues To Allow Young Players To Risk Brain Damage

/ Jack Marshall / 4 Comments

…but he felt really guilty about it, so that’s OK.

The New York Times had a very strange sports story yesterday. Its subject was the late Don Horton, a prominent assistant coach at Boston College and North Carolina State for nearly 20 years who was diagnosed with Parkinson’s disease but was also experiencing symptoms linked to chronic traumatic encephalopathy, or C.T.E., a degenerative brain disease caused by repeated hits to the head strongly linked to football. The sensitive reporter, Bill Pennington asks,

“Was his deteriorating health, Horton wondered, a consequence of his many years as a football lineman?” Even worse, he worried, was he responsible for exposing hundreds of players to the kind of head trauma now impairing his life? After all, as he had recruited and encouraged scores of athletes to play major college football….There was only one way to be sure if he had C.T.E. His brain would have to be examined post-mortem, the only way to confirm the disease since there is no reliable test for the living. At first Horton balked, but as his cognitive difficulties intensified, he relented and even insisted that the findings of his brain examination be made public.”

The Times article makes this sound like a noble and brave resolution of his crisis of conscience. It was not, however. Having his brain dissected after his death was no sacrifice at all; Horton would be dead, of course.  In the meantime, Horton, despite his symptoms and his wife’s investigation into them, continued sending young men out to get their brains beat in.

We learn,

In 2009, seven years before Horton died, [Horton’s wife] called Chris Nowinski, a co-founder and the chief executive of the Concussion Legacy Foundation, and told him that she thought her husband had C.T.E. She also raised her suspicions with Horton’s doctors, but they said that, even if true, it would not change the course of his treatment.

Horton continued his duties at North Carolina State.

“He never missed a day of work and still produced great offensive linemen,” said Jason Swepson, an assistant coach at North Carolina State at the time. “You could see him struggling sometimes, but he never opened up about it because, I think, he didn’t want to feel like he was letting the group down.”

At home, however, Horton’s illness was leading to a variety of changes, physically and philosophically. His daughters, Libby, 14, and Hadley, 9, had begun playing soccer, but Horton pointedly refused to allow them to head the ball in games or in practices, aware that some studies had linked heading to brain injury.

“Don told them, ‘If I ever see you head the ball, I’ll run onto the field and yank you off myself,’” Maura said.

Although Horton kept his misgivings about football’s potential consequences within his household, he talked about it regularly.

“Don would ask, ‘Are we just carrying this cycle on?’” Maura Horton said. “That was a question I couldn’t answer. But it’s definitely the right question to ask.”

It’s not just the right question to ask, it was a question with an obvious answer, and both Hortons knew it. YES he was just carrying the cycle on. YES, he was continuing to coach college players when he had first-hand, personal knowledge of the horrible fate in store for some or many of them as a result, and said nothing. “Was he responsible for exposing hundreds of players to the kind of head trauma now impairing his life?” If he refused to let his daughters head the ball while playing soccer, we know he was responsible, and so did Coach Horton. Was he in denial? Was he willing to let his player risk crippling cognitive impairment because he wouldn’t and couldn’t give up the only job he knew? Why does the Times suggest that there was any question about his culpability or breach of duty?

Continue reading →

Ethics Observations Upon Viewing “The People v. O.J. Simpson: American Crime Story”

/ Jack Marshall / 6 Comments

oj-show

I never got to see all ten episodes of last year’s ambitious and star-studded mini-series about the O.J. Simpson trial before this weekend. Thanks to Netflix, I was able to watch them all in two nights. I watched most of the televised trial at the time, so the program brought back a lot of bad memories.

Overall the production was excellent, and some of the casting was creepily good, especially Sarah Paulson  as Marcia Clark, Sterling K. Brown as Chris Darden, Kenneth Choi  as Judge Ito, Courtney B. Vance in a magnificent portrayal of Johnnie Cochran, Rob Morrow as
Barry Scheck,  Robert Morse, unrecognizable as Dominick Dunne, and Joseph Siravo as Fred Goldman. Unfortunately, Cuba Gooding, Jr., an excellent actor, is so unlike O.J. that it kept reminding us that this was a TV show. Nathan Lane and David Shwimmer also were unable to disappear sufficiently into their roles as F. Lee Bailey and Robert Kardashian. I couldn’t help thinking of “The Bird Cage” and “Friends.”

The script was  remarkably even-handed, and for the most part, accurate. However, there were three legal ethics howlers that require some exposition, as well as some other matters that came to mind.

1. The Defense’s Secret Redecoration of O.J.’s home.

In the episode “The Race Card,”  Johnnie Cochran was shown redecorating  O.J. Simpson’s house before the jury came for a judge-approved viewing. Pictures of half-nude models were replaced by benign photos of Simpson’s mother and children, and Cochran scattered pieces of African art around the rooms, taken from his own collection.

Could the lawyers do this? Of course not! It’s a visual lie, and an attempt to mislead the jury. Ito ordered that the heroic statute of Simpson in his back yard be covered with a sheet to avoid biasing the jury in favor of the defendant. Had the prosecution team suspected that Cochran had pulled such a stunt, as the dramatization suggested, it would have alerted the judge, a mistrial would have been likely, and Cochran as well as every lawyer involved would have faced serious bar discipline.

The question is, did this really happen as portrayed? Defense attorney Carl Douglas said in a Dateline NBC’s special THE PEOPLE vs. OJ SIMPSON: What the Jury Never Heard that it did, and that he organized the redecoration. Douglas said the intention was to make the estate look “lived-in and stand with all of its regalness so that the jurors would say ‘O.J. Simpson would not have risked all of this for this woman.'”  Douglas said that “photos of Simpson with white women were swapped out for pictures of him with black people. A Norman Rockwell painting from Johnnie Cochran’s office and a bedside photo of Simpson’s mother were placed in prominent view.”

Douglas should be suspended from the practice of law at the very least for this confession of outrageous ethics misconduct. (Cochran, who is dead, is beyond punishment.) Clark, Darden and Ito also failed their duties to justice and the public by allowing such a deception to warp the jurors’ perceptions. Continue reading →

Super Bowl Sunday Ethics Quote Of The Day: Professor David DeSteno

/ Jack Marshall / 11 Comments

pro-brady

“It’s not about the true facts, or about how honest you believe a group is, or what the group’s past behavior is. It doesn’t matter what sport it is, or what team it is, or even if it’s sports at all. Just being a part of a group, any group, is enough to excuse moral transgressions because in some way, you’re benefiting from it. Your moral compass shifts.”

—-David DeSteno, Northeastern University Professor of psychology, explaining why Boston fans believe the New England Patriots, their coach, Bill Belichik, and their star quarterback, Tom Brady, are as pure as the driven snow, while the rest of the country sees them as detestable

The professor’s point will be familiar to any Ethics Alarms readers who have perused the various pots here regarding cognitive dissonance, or even those familiar with the mantra, “Bias makes you stupid.”  However, he has done some interesting research on the phenomenon described in the Times Sports article this morning.

In a psychological experiment, researchers separated people into two groups and offered some of them an option: Complete a fun, 10-minute task, or take on a difficult, 45-minute one. Placed in a room alone, they were told to choose which task they would have to do, or let a coin flip decide. Either way, the person entering the room next would be left with the other task.

Afterward, those people were asked to rate how fairly they had acted, and 90 percent said they had been fair. Except that they were lying. In fact, they had picked the easy task for themselves, without even flipping the coin, wrongly believing that no one was watching…

DeSteno and his former student Piercarlo Valdesolo conducted studies that showed that even strangers placed into groups quickly start favoring the people in their group, as they would favor themselves, even if that group was created randomly, and only minutes earlier. Morality, as it turns out, can change by the second, and for no good reason.

Professor DeSteno told the Times that this isn’t a conscious decision, but an innate survival reaction…. Continue reading →

The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016: The Last Of The Worst

/ Jack Marshall / 23 Comments

how-lead-gets-injpg-1e9d798a1edee129

Ethics Alarms wraps up the Worst in 2016 Ethics with the usual education and journalism breaches, Ethics Dunce of the Year, and more delights for the sadistic…

Unethical Government Fiasco Of The Year

The Flint, Michigan water crisis.  A failure of competence, diligence, responsibility and honesty, compounded by bureaucrats, elected officials, the city of Detroit, Michigan Governor Rick Snyder and the EPA made people sick and cost billions.

Good job, everybody!

Scam of the Year

Sen.Ted Cruz’s fake “official” mailer before the Iowa Caucus. Cruz’s campaign  sent out mailers labeled in all capital letters, “ELECTION ALERT,” “VOTER VIOLATION,” “PUBLIC RECORD,” and “FURTHER ACTION NEEDED.” On the other side, the mailer said, in red letters at the top, “VOTING VIOLATION.” The text read:

You are receiving this election notice because of low expected voter turnout in your area. Your individual voting history as well as your neighbors’ are public record. Their scores are published below, and many of them will see your score as well. CAUCUS ON MONDAY TO IMPROVE YOUR SCORE and please encourage your neighbors to caucus as well. A follow-up notice may be issued following Monday’s caucuses.

This is why Trump’s nickname for Cruz, “Lyin’ Ted,” was crude but accurate.

Ethics Dunces Of The Year

All the social media users and others who ended Facebook friendships, genuine friendships and relationship over the 2016 election. Haven’t they ever seen “It’s A Wonderful Life”? Morons. Shame on all of them.

Weenies of the Year

The college students who demanded that exams be cancelled, therapists be available, safe spaces be found, puppies be summoned and cry-ins be organized because the awful candidate they supported in the Presidential election lost, as candidates often do.

How embarrassing.

Unethical University Of The Year 

Liberty University.  This is the most competitive of categories, with all the schools that railroaded male students based on questionable sexual assault claims while quailing in fear of the Dept. of Education’s “Dear Colleague Letter,” and all the schools that signaled that the results of a simple election justified PTSD treatment for their shattered charges, as well as making it clear to any students who dared to tilt Republican that they were persona non grata. Nonetheless, Liberty University takes the prize with its unique combination of greed, hypocrisy, and warped values. From the Ethics Alarms post:

Last week, with great fanfare, Liberty hired Ian McCaw as its new athletic director. “My vision for Liberty is to position it as a pre-eminent Christian athletic program in America,” McCaw said during a news conference.

This is his first paying assignment since May, when he left his job as the athletic director at Baylor, also a Christian university. His departure was made essential after a thorough investigation that found that those overseeing Baylor’s  football team as well as the management of  the athletic department—that is, McCaw— had been informed of multiple gang rapes and sexual assault by team members and had ignored it, as any good football-loving Christian would….especially when a star was involved.

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