ick vs. ethics

Morning Ethics Warm-Up, 3/3/2019: “Thing’s Are Seldom What They Seem…”

/ Jack Marshall / 21 Comments

Good afternoon!

1. Today’s source of maximum irritation. Remember those California wildfires at the end of last year that the news media kept reporting as proof of climate change and that prompted Democrats and talking heads to sneer in disdain at anyone, especially President Trump, who suggested that electrical equipment just might have been the cause? From NPR:

Pacific Gas and Electric says it’s “probable” that its equipment caused the Camp Fire in Northern California, the deadliest and most destructive in the state’s history.

California has not finished its investigation into PG&E’s culpability in last November’s fire that killed at least 85 people, destroyed about 14,000 structures, displacing tens of thousands of people and destroying the town of Paradise. However, the state’s largest utility, which filed for bankruptcy last month, said Thursday it expects the investigation will find that its damaged infrastructure sparked the fire.

Please let Ethics Alarms know how many of the news shows this morning mention this development.

2. Spring Training ethics note: Good news! Ethics Alarms has been campaigning for robo-umps at home plate to call balls and strikes for several years. Now MLB announces that it has finalized a three-year deal with the independent Atlantic League to have the league test rules innovations and equipment for the Show. This will include computer calling of pitches. Not so good news: it will also reportedly include moving the mound back, which is heresy.

3. Concern for Popehat’s Ken White.  There is not a smarter, more passionate, better blogger on the planet than lawyer Ken White, and while we have had our disagreements, his commentary on law and justice especially is a blessing for all Americans, even though most don’t have the sense to benefit from it. One of many reasons I admire Ken is that he has been candid about his battle with depression, a killer illness that too many people don’t understand. That malady runs in my family (or as Mortimer Brewster says in “Arsenic and Old Lace,” “Runs? It practically gallups!”), and has been responsible for more than one suicide. Popehat once was a collective, but now it’s almost entirely Ken, with occasional drop-ins from the acerbic Mark Randazza. The blog’s last entry was January 4, almost two months. I’m worried, as are most of Ken’s fans I’m sure, and I am officially sending Ethics Alarms best wishes and love to one of the really good people in multiple roles: lawyer, blogger, public educator. Get back as soon as you can, Ken. We need you. Continue reading →

The Return Of Louis C.K. For Ethics Dummies

/ Jack Marshall / 20 Comments

Ick.

Reading the news media and entertainment websites, one would think that Louis C.K.’s return to stand-up comedy after nearly a year in exile or rehab or something raises ethics conundrums that would stump Plato, Kant and Mill. It’s not that hard. The fact that everyone, especially those in the entertainment field, are displaying such confusion and angst just tells us something useful about them. They don’t know how to figure out what’s right and wrong.

In case you have forgotten, cult comedy star  Louis C.K. admitted last November at the peak of the #MeToo rush that he had masturbed in front of  at least five women without their consent. Ick. His cable show and other projects were cancelled, and he disappeared from the public eye. Then, last weekend, he returned to the stage at the Comedy Cellar in New York, performed for about 15 minutes, and received a standing ovation.  This apparently alternately shocked or confused people. I’ll make it simple.

Does the comedian have a right to practice his art after the revelation of his disgusting conduct?

Of course he does. He wasn’t sentenced to prison. He has a right to try to make a living at what he does well. In fact, he has a First Amendment right to tell jokes any where others will listen to him.

OK, he technically has a right. But is it right for him to come back like nothing has happened?

What? The man was publicly shamed and humiliated. He can’t come back as if nothing has happened, because everyone knows that something has happened. Nevertheless, his art does not require the public trust. It does not demand good character, or even the absence of a criminal record. Does a great singer sound worse because he was abusive to women? No. Is there a law that says men who are abusive to women should never be able to work again? No, and there shouldn’t be. I wouldn’t hire C.K. to work in an office, because I see no reason to trust him around others. But he’s not a worker, he’s an artist. He never engaged in inappropriate conduct on stage. He can be trusted as an artist,at least when he’s performing solo.

Comedian Michael Ian Black tweeted regarding Louis C.K.that “Will take heat for this, but people have to be allowed to serve their time and move on with their lives.I don’t know if it’s been long enough, or his career will recover, or if people will have him back, but I’m happy to see him try.” For this he apologized,  saying this position was “ultimately, not defensible.” after he was broiled on social media. Should he have apologized? Continue reading →

Morning Ethics Warm-Up, 7/19/2018: The All-Denial Edition

/ Jack Marshall / 36 Comments

Good Morning!

On this day in ethics, 1918: Washington catcher Eddie Ainsmith claimed that he should be deferred from the draft because he was a major league baseball player. Uh, nice try, Eddie, but no,  Secretary of War Newton D Baker ruled, as he tried to suppress uncontrollable eye-rolling..

1. “California, here I come!…here I come!…here I come!…” Oh. Never mind. The California Supreme Court took a measure off the ballot that would have allowed Californians to vote on whether the state should be divided into three smaller states, like this:

In its opinion, the Court argued that the changes demanded by the ballot measure exceeded California voters’ broad authority to enact laws by initiative, established in 1911. If enacted, the measure would have in effect abolished the state Constitution and all existing laws, which would have to be replaced by lawmakers  in the three new states. The measure would also alter the laws that define California’s boundaries, amending the state Constitution. That cannot be done by initiative, but instead requires approval by two-thirds of both houses of the Legislature to be placed on the ballot.

I know that the splitting up of California was a transparent effort to hijack the Senate by adding four more guaranteed Democrats. It was also doomed, since this plot would need to pass Congress and not be vetoed by the President. Still, wouldn’t something as obvious as violating the state Constitution arise before the wacko measure was placed on the ballot? How incompetent can you get? How much more incompetent can California get?

2. THIS will end well… Facebook claims that it will be removing false information from its pages when it threatens to cause violence, before it will cause violence. Sure, we all trust Facebook as an objective, trustworthy arbiter of speech, don’t we? Don’t we? Especially since they use the ever-reliable Snopes to check. During an interview with ReCode’s Kara Swisher, Mark Zuckerberg cited Holocaust denials as the kind of misinformation Facebook would allow to remain on the platform.  “At the end of the day, I don’t believe that our platform should take that down because I think there are things that different people get wrong,” Zuckerberg told Swisher. “I don’t think that they’re intentionally getting it wrong.”

He doesn’t? I’m not sure Holocaust denial is automatically eligible for Hanlon’s Razor; on the other hand, there are good faith idiots. Speaking of idiots, Zuckerman was surprised when his ignorant shrug sparked angry attacks like that of Jonathan Greenblatt, CEO of the Anti-Defamation League, who said, “Holocaust denial is a willful, deliberate and longstanding deception tactic by anti-Semites that is incontrovertibly hateful, hurtful, and threatening to Jews.Facebook has a moral and ethical obligation not to allow its dissemination.”  Continue reading →