greed

The NFL Is Pretty Close To Evil. Do Their Fans Care? Sponsors? Hello?

/ Jack Marshall / 18 Comments

http://www.youtube.com/watch?v=s4A21ZW6_f4

I read an ESPN piece a couple of days ago—I lost the link—evaluating the factors that have led to the large (and expensive ) drop in the NFL’s television ratings.. It wasn’t just the gratuitous, half-baked protests during the National Anthem, the author explained. No, it was also injuries, too many mid-week games, too many bad games, viewers “cutting the cord” and leaving cable, and other factors.

Oddly, the fact that it is increasingly clear that the NFL makes its money by maiming and killing young men never made it onto  the list. Maybe that’s right; maybe football fans don’t care that the heroes they cheer today will be drooling, tortured, burdens on their families in their 50s and 60s, if not sooner. Hey, they get good money to have their brains pureed, right?

If this is true, then my headline is  incomplete. The NFL and its fans are pretty close to evil.

A recent scandal showed us just how cynical the league’s claims that it was addressing its concussion and CTE problems.

Tom Savage, the Houston Texans quarterback, took a violent  hit from Elvis Dumervil of the 49ers ia a December 10 game. Savage rolled onto his back and lifted up his hands, which could be seen trembling, as if he were being electrocuted, a textbook indication of a likely concussion. He went to the sidelines but re-entered the game for the next series. He then left the game again and has not played since.

Some protocols on concussions the NFL has! Remember, this occurred after the news about CTE, the crippling brain disease  afflicting 99% of football players p whose brains have been examined, has gotten progressively more frightening.  The NFL initially denied the problem, stonewalled, and now is apparently faking concern.

The NFL announced it will not discipline the Texans for their negligent handing of  Savage’s head injury. That’s odd, don’t you think, if this is something the league cares about? If a team will send a player back out onto the field after he shows those symptoms, what other players with less visible signs of concussions have been sent back out to get disabled? My guess is countless players, and in every game.

Hey, they get good money to have their brains pureed, right? Continue reading →

Morning Ethics Warm-Up, 12/28/2017: Bad Lawyer, Bad Losers, Bad Lottery, Bad Policy

/ Jack Marshall / 10 Comments

 

GOOD MORNING!

1 Gee, I wonder how this happened? I’m doing a year-end legal ethics seminar for D.C. Bar members this afternoon, and this story showed up in time for me to use. A federal jury has found Evan Greebel, the former lawyer for convicted fraudster Martin “Pharma Bro” Shkreli guilty of helping the fick pharmaceutical executive craft a scam to repay defrauded investors. You remember Shkreli—this guy, who entered the Hall of Infamy for his unapologetic price-gouging of the HIV drug Daraprim after he bought the rights to the drug and  then hiked its price from $13.50 to $750.

Prosecutors  claimed Greebel, Shkreli’s lawyer during  scheme, gave his client detailed advice on how to pay off investors in his  hedge funds, MSMB Capital and MSMB Healthcare, with his company’s  funds, as well as how to circumvent trading restrictions. He was also was accused of participating in fraudulent backdating of documents and helping draft phony settlement and consulting agreements. Greebel’s lawyers countered that Shkreli was an evil manipulator who dragged his own lawyers, unaware, into his crimes. his own lawyers. Greebel, they said, acted in good faith as the outside attorney for Shkreli’s company, and lacked criminal intent.

The news story ends with this:

“Greebel, a partner with Katten Muchin Rosenman, saw his annual salary triple from $355,000 in fiscal year 2013 to $900,000 in 2014, when he was advising Shkreli.”

The moral: Nothing freezes ethics alarms like a lot of money.

2. What do Roy Moore, Al Gore and Hillary Clinton have in common? They are lousy losers. Moore, the horrible GOP candidate for the empty Alabama Senate seat, has filed a lawsuit to try to stop Alabama from certifying Democrat Doug Jones as the winner of the U.S. Senate race. Moore lost by 20,000 votes, but insists that there were irregularities. He wants a fraud investigation and a new election. Once upon a time, even the losers in close elections where some funny things went on conceded gracefully and accepted the results. This was a traditional demonstration of respect for the system and democracy, and girded our elections from cynicism and distrust. Even Samuel J. Tilden, the Democrat who was cheated out of the Presidency despite winning both the popular and the electoral vote, acceded to the back room deal that gave Hayes the victory.

No longer. Al Gore permanently killed that tradition in 2000, and Hillary’s minions set the corpse on fire in 2016. Now losing candidates can be expected to exploit any excuse imaginable to try to reverse election results. This is a dangerous slippery slope the endless Florida recount put us on, and I fear that it will eventually slide into violence. Better that the occasional election be won illicitly than to have every election be a potential court case.

In other news, the determination of a tie-breaker to settle who won a decisive seat in Virginia’s House of Delegates has been delayed after lawyers representing Democratic candidate Shelly Simonds filed a motion asking a trio of circuit court judges to reconsider their decision to allow a controversial ballot to be counted as a vote cast for her Republican opponent.

Of course! Continue reading →

Morning Ethics Warm-Up, 12/18/2017: Life Is An Unethical Cabaret, My Friends…At Least Lately

/ Jack Marshall / 8 Comments

Good Morning!

1  Really now: What’s the matter with you? How many of these will it take for everyone to agree that it’s intolerable?

Let’s recap, shall we? Last week, Democratic Congresswoman Jackie Speier confidently cited a “rumor” that that the President was going to fire Special Counsel Mueller imminently. (It would not be undeserved.) The rumor was then treated by the mainstream news media as news, which is, you know, supposed to be fact. This “news” then was considered sufficiently alarming that multiple Democrats and “resistance” members, including former Obama Attorney General Eric Holder (disgracefully) advocated an insurrection, as in “taking the streets.”

Asked about this rumor qua news, President Trump said, no, he wasn’t considering firing Mueller. Did uou know that in the old days, when journalists at least pretended to be ethical, the President would have been asked about a rumor involving his intentions before it was published as news, and before assholes on the Left used it to advocate social unrest?

The episode is beyond unethical. How can anyone support 1) this 2) people who act like this 3) journalists who facilitate this,  4) a party that continues to encourage this, or 5) anyone who supports or enables 1)-4) ?

2. He just doesn’t get it…like a lot of people. Tavis Smiley, whose problems were discussed in the previous post, said this morning that while he did engage in sexual relations with his some subordinates, they were all consensual and therefore did not constitute sexual harassment or an abuse of power. He’s oh so wrong.

Subordinates never have complete freedom to reject the sexual overtures of their boss, so they never can truly consent. It is inherently an abuse of power. Moreover, third party harassment is inevitable, as other female employees are sent the message that they work in a harem. Are they required to submit to the sultan’s desires? If they aren’t asked to submit by their Great Alpha Male, does that mean they have displeased him?

That a hostile work environment, Tavis.

3. ‘If you could see her from my eyes’..Smiley’s attitude conforms to that of a lot of sexual harassers, including, in all likelihood, the President’s. It wasn’t sexual harassment, they believe, because who wouldn’t want to receive their sexual advances?

This made me reflect on this hard-edged number from the film version of “Cabaret,” sung by Joel Grey’s evil MC as sly anti-Semitism for laughs. (I did not know that the number at one point was cut from the stage version because audiences didn’t get the satire until I saw a documentary about Jewish-themed musicals on PBS last night)

http://www.youtube.com/watch?v=mEhHeILa3HE

If the chilling last line of the song were altered to “It wouldn’t be harassment at all!,” with the “gorilla” representing the way so many women are treated in the workplace, the M.C. would be accurately expressing  Matt’s, Al’s, Harvey’s, Bill’s, Ben’s, Dustin’s, and Tavis’s creed.

4. Is Al Gore next? Not if the New York Times can help it. In a story detailing the rampant sexual abuse and harassment of hotel employees by guests, Al Gore’s name never comes up. The story includes the stunning results of  union survey of hotel workers in Chicago found that 58% of them had been sexually harassed by a guest. Yet in 2010, when three hotel masseuses claimed that Gore sexually harassed him, his denials were sufficient to make the episode quickly discounted and forgotten. What would happen if the same allegations were made today? If Gore had been elected President last years, would Senator Gillibrand be calling for his resignation?

Plan J would seem to demand it.

5. Why sexual harassment allegations are not necessarily credible. From The Hill: Continue reading →

Morning Ethics Warm-Up, 12/15/ 2017: Wonder Woman, Plan J, and Concussions? What Concussions?

/ Jack Marshall / 17 Comments

Goood Morning, Wonder Woman!

(You might want to skip item #3…)

1  How the NFL defines good leadership..The news today that the most recent result of  examinations of deceased former football players’ brains shows 99% of them with CTE puts an especially harsh light on the NFL’s new contract with Commissioner Roger Goodell, who was promised hundreds of millions of dollars  to serve in the same role he has botched for another seven years. Well, botched is a relative term, I suppose. True, Goodell has made it clear that his league is the least ethical, most venal, and most brutal sports organization on earth. Over his 11 year tenure so far, he proved that the league only regards its star behemoths beating up women after there is a public outcry, then tosses away due process to levy illegal punishments for show. Goodell first denied that the science showing that his game’s routine and unavoidable concussions were deadly, then had his lawyers negotiate an unconscionable low-ball settlement with the desperate families of former players his modern day gladiatorial combat had crippled (it was declared so by a judge, and thrown out), and now says the league is addressing the problem, which it isn’t. Meanwhile, every game, play by play as fans cheer, more young men are  sent on their way to a premature, drooling death by brain damage.

Goodell’s biggest star, Tom Brady, and most successful coach, Bill Belichick, are smug cheaters. For the last year, fans paying three figures a game for their seats have had to watch their National Anthem marred by various player protests about..something. Ratings and attendance have fallen; polls show that the NFL is the most disliked sport in America, which it should be, since it kills people,  promotes felons and cheaters as heroes, and abuses its fans. But this isn’t considered a botch by the Commissioner, says the New York Times, because “during his tenure as commissioner…Goodell has helped team values skyrocket, and the owners are betting that will continue under his leadership.”

That sentence explains everything, doesn’t it?

2. Welcome to “the resistance” Plan J.  Review: Plan A was to reverse the election by hijacking the Electoral College. Plan B was pre-emptive impeachment. Plan C was the Emoluments Clause. Plan D was “collusion with Russia” (The New York Times, to give credit where it is due, actually created a chart to explain this one, and if it isn’t obvious to you how pathetically weak the case is, you played NFL football…), Plan E is”Trump is disabled because he’s a narcissist and a Republican, so this should trigger the 25th Amendment.”, Plan F, the Maxine Waters plan, is to just impeach the President because she really, really doesn’t like him, Plan G is “The President obstructs justice by firing incompetent subordinates,” Plan H is “tweeting stupid stuff is impeachable,” Plan I is “Let’s relentlessly harass him and insult him and obstruct his efforts to do his job so he snaps (see E) and does something really impeachable.”

Senator Kirsten Gillibrand unveiled Plan J, since the others are absurd, when she demanded that the President should resign now for unproven allegations of non-crimes, when none of the misconduct occurred during his tenure as Presidency.  This is impressive, because it is just as ridiculous and desperate as the other plans, and I thought they had exhausted the possibilities. At a Congressional hearing examining Deputy Attorney General Rod Rosenstein  Texas Democratic Rep Sheila Jackson Lee insisted that women who accused non-President Trump of sexual harassment can report it to the FBI.  That’s right: now the FBI should be investigating illicit kisses, “groping,’ and my personal favorite, walking into a Miss USA dressing room where the contestants might be in various states of undress.

These aren’t crimes, they aren’t prosecutable, and they aren’t even close to the FBI’s mission and duties. Continue reading →

Morning Ethics Warm-Up, 11/16/17: Keeping the Public Ignorant About Unethical Lawyers, Sugar Lies, And A Terrible Trump Tweet…

/ Jack Marshall / 27 Comments

Good Morning, John!

Sing us into the first item, would you?

1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.

Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times  focused on the throbbing black-letter ethics violation involved.  Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.

Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”  Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.

Here is the kind of thing Black Cube specializes in, from the Times piece:

“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.

This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”

Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

…

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…

How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why?  Because a client paid him to. Continue reading →

Ethics Quote Of The Week: The New York Times, Regarding Legal Ethics Dunce David Boies’s Ride On The Harvey Weinstein Ethics Train Wreck

/ Jack Marshall / 27 Comments

There are a lot of ethics issues, legal and otherwise, flying around in the shocking—this really is shocking—revelation that lawyer Al Gore’s Supreme Court lawyer (and loser) David Boies was working to help Harvey Weinstein intimidate and discredit the women who were preparing to accuse him of sexual harassment, sexual assault, and rape.

The New Yorker reports in an investigative reporting piece that the Boies firm was retained by Weinstein, and on his behalf hired Black Cube, an investigative company run by former Israeli intelligence agents to prevent the publication of abuse allegations by creating profiles on the targeted accusers, often using pretexting–that is, lies— to gain access to proprietary information. Black Cube’s work included psychological profiles and sexual histories of the potential Weinstein accusers. The engagement with Black Cube  was presumably run through Boies Schiller Flexner  to place the shady matter under attorney-client privilege.

David Boies personally signed the contract with Black Cube, which, according to the New Yorker, was to obtain ” intelligence which will help the Client’s—that is, Weinstein’s— efforts to completely stop the publication of a new negative article in a leading NY newspaper” and to “obtain additional content of a book currently being written [that] includes harmful negative information on and about the Client.”

Did you see “Michel Clayton,” where George Clooney played a law firm’s “fixer”? That’s what Boies was doing here. “Fixing.” And fixing is a dirty business.

That “leading NY newspaper” was and is the New York Times, which, as we now know, was readying its own sensational story regarding the accusations against Weinstein.The New York Times was also a client of Boies Schiller Flexner, though on unrelated matters, hence the statement above. Unsurprisingly, the Times has sacked Boies and his boys.

[Aside: Here’s a lawyer ethics practice tip. If a client asks you to contract with a company called “Black Cube,” “CHAOS,’ “The Legion of Evil,” “The Black Hand,” or “Murder, Inc.”, just say no.]

Some ethics questions and answers: Continue reading →

Comment Of The Day: “Megyn Kelly, William Saroyan, Ethics, Me, And Us: A Rueful Essay” (#1)

/ Jack Marshall / 3 Comments

My post over the weekend, one long in germination, regarding the personal and societal dilemma of balancing one’s duty to oneself, one’s duty to be useful  and the infuriating hard-wired human tendency to always seek something different and better, received a gratifying response and at least two Comments of the Day.

This is the first, by frequent COTD auteur Extradimensional Cephalopod, is a marvelous supplement to my post, and I wish I had written it myself, except I couldn’t have.

Here is EC’s Comment of the Day on the post, Megyn Kelly, William Saroyan, Ethics, Me, And Us: A Rueful Essay:

One of the central principles of Buddhism is “life is suffering”. Clarified, it means that conscious beings inherently have some concept of how they want the world to be that is different from how it actually is. Alternatively, if the world is already how they want it to be, either the chaos in the world will bring it out of alignment with their desires, or they will eventually become dissatisfied as their minds develop further. This is what the bartender in Saroyan’s story is referring to. It’s the existential condition; “condemned to be free”, as Sartre put it.

Having studied desire and motivation from an existential point of view, I’ve codified eight motivations that lead people to form goals. They are based on three dichotomies: experience versus control, greater and lesser quantity, and order versus chaos.

Greed/ambition: the desire for more control or more accomplishment (acquiring more possessions or becoming more important).
Gluttony/celebration: the desire for more of an experience (greater intensities or more constant access).
Wrath/boldness: the desire to break through limits by exerting control (disregarding rules or doing the impossible).
Lust/curiosity: the desire to remove limits on one’s experiences (experiencing the unknown).
Hubris/scrupulousness: the desire to impose limits through one’s control (absolute, perfect control over something).
Envy/dedication: the desire to impose limits on one’s experiences (obsession or tunnel vision).
Sloth/contentment: the desire to have less control (having responsibility or having to pay less attention).
Cowardice/prudence: the desire to have less of an experience (avoiding pain or discomfort). 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 →

Hold Websites Responsible For False Advertising And Fake News

/ Jack Marshall / 7 Comments

I had noticed last week that several supposedly respectable websites I check on had a news link that claimed that Michael Douglas had died. It was so pervasive I googled the news. Nope. Completely false. Total clickbait and a lie. Still, those fake headlines stayed up for days.

On The Daily Beast right now, looking exactly like one of the left-leaning news aggregator’s features, is a story headlined “Rush  in Total Ruins.” Then we have the revelation that Facebook profited from accepting links to false stories, paid for by Russian organizations seeking to undermine public faith and trust in democratic institutions. Facebook also has delivered to my page death hoaxes involving Clint Eastwood, Tiger Woods, Diana Ross, Raquel Welch, and Brad Pitt among others. Many of these are phishing schemes.

Websites that claim to be trustworthy and credible cannot agree, for whatever price, to place lies under their banners. They have a duty of due diligence. If they breach it, they should be liable. Even if the law can’t punish them based on  content, it should be able to punish such sites for aiding and abetting fraud for profit. How hard would it have been to check whether Michael Douglas was alive or not? How much time would it take to have an intern check to see whether Rush Limbaugh’s career is endangered? Newspapers have always excised discretion regarding ads, accepting their responsibility to keep their readers from being scammed. From what I am seeing now, websites accept no similar responsibility.

There have to be consequences. Continue reading →