Ethics Heroes: The Massachusetts Supreme Judicial Court

Michael Robertson: pervert, creep, outrageous abuser of women who deserves to be shunned, despised and condemned by all decent people. But a criminal? Not yet...

Michael Robertson: pervert, creep, outrageous abuser of women who deserves to be shunned, despised and condemned by all decent people. But a criminal? Not yet…

The degree to which our media pundits fail to grasp the essential nature of the rule of law remains confounding, and this is another in a long line of examples. Worse, the lower court in this weird case failed to grasp it as well.

You see, there is conduct that is obviously wrong, which we call unethical. Some of that conduct is so wrong, so harmful, and so difficult to discourage with social opprobrium and informal enforcement alone that we pass laws against it, both to signal strong disapproval but also to add serious negative reinforcement, in the form of tangible punishment, to the mix. Then the wrongful conduct becomes both unethical and illegal. If we skip the essential intermediate step of writing and duly passing the law that designate the conduct as illegal, however, we have established a dangerous, indeed frightening precedent. Then we have created a society where one can be imprisoned or fined for conduct that is regarded as unethical without a law in place that empowers the state to take such actions against citizens who engage in it. Ethics, unlike law, especially on the margins, is never etched in stone. Once society starts imprisoning individuals based on ethics alone, none of us are safe.

Yet this morning I was subjected to the protests of one TV commentator after another who derided the absolutely correct decision of the Massachusetts Supreme Judicial Court to uphold this principle by throwing out the conviction of Michael Robertson, a sick sleaze-ball who was arrested in August 2010 by Boston transit police who had set up a sting after getting reports that he was using his cellphone to take photos and video up female riders’ skirts and dresses: Continue reading

Darling Ellen’s Deceptive Tweet For Samsung

Taken completely spontaneously using a

Taken completely spontaneously using a Galaxy S5 by Samsung. Get yours today!

Ellen DeGeneris is adorable, and as ideal a public face to place on the image of gay acceptance and same-sex marriage as you could concoct in a marketing strategy meeting. She’s funny, she’s friendly, she’s nice: to be threatened in any way by Ellen is to be the epitome of an irrational homophobe.. Her accumulated good  largely insulated her from the negative criticism she earned with a shockingly inept performance as this year’s host of the Academy Awards ceremony. She didn’t exactly make one long for Seth (“We saw your boobs!”) McFarland, last year’s oppressive MC,but watching her—any experienced performer could see the signs of a comic who knew she was bombing and had no idea what to do about it—was uncomfortable when it wasn’t deadly boring.

The one routine that seemed successful was DeGeneris’s successful effort to create the “most re-tweeted tweet of all time,” which she accomplished by dragooning Bradley Cooper, Julia Roberts, Meryl Streep, Angelina Jolie, Brad Pitt, Jennifer Lawrence  Lupita Nyong’o, Kevin Spacey and Jared Leto in to take a selfie with her. It garnered over 3 million retweets at last count. But it was a set-up. This was not just a fun party stunt with friends, which is how it was represented to the audience and indeed to the stars themselves. No, the selfie was part of a very pricey deal between the Academy and Samsung, which sells the recently enhanced Galaxy S5 Ellen used to take the picture.

From the Wall Street Journal: Continue reading

Ethics Quote Of The Week: Charles Krauthammer

“I repeat: I’m not a global warming believer. I’m not a global warming denier. I’ve long believed that it cannot be good for humanity to be spewing tons of carbon dioxide into the atmosphere. I also believe that those scientists who pretend to know exactly what this will cause in 20, 30 or 50 years are white-coated propagandists. “The debate is settled,” asserted propagandist in chief Barack Obama in his latest State of the Union address. “Climate change is a fact.” Really? There is nothing more anti-scientific than the very idea that science is settled, static, impervious to challenge.”

—Conservative columnist Charles Krauthammer, in a column titled “The myth of ‘settled science’”

"90% of the 95% majority of climate scientists think it's pretty likely that their models will prove to be sort of correct. See? Certainty!"

“90% of the 95% majority of climate scientists think it’s pretty likely that their models will prove to be sort of correct. See? Certainty!”

With one unfortunate exception, Charles Krauthammer’s recent op-ed about the absurd and discrediting certainty about future global warming and its cause is so logical, fair and reasonable that one has to wonder why no non-conservative has had the integrity to write a similar piece. He was moved, I assume, by the recent flurry of obnoxious assertions from the Obama administration and its allies in the media, most notably Secretary of State John Kerry, who said,

“We should not allow a tiny minority of shoddy scientists and science and extreme ideologues to compete with scientific facts. Nor should we allow any room for those who think that the costs associated with doing the right thing outweigh the benefits. The science is unequivocal, and those who refuse to believe it are simply burying their heads in the sand. We don’t have time for a meeting anywhere of the Flat Earth Society.”

John Kerry’s powers of critical analysis have been demonstrably weak in his supposed areas of expertise, such as foreign relations (See: Syria), and I will accept bets as to whether he could make any sense out of a climate change projection model graph, or even be sure whether he was holding it upside down or not. John Kerry doesn’t understand climate change science, and hasn’t a clue whether it is “unequivocal,” proven by the fact that he would say such a nonsensical thing. The same can be said about President Obama. Krauthammer again:

“Obama ostentatiously visited drought-stricken California last Friday. Surprise! He blamed climate change. Here even the New York Times gagged, pointing out that far from being supported by the evidence, ‘the most recent computer projections suggest that as the world warms, California should get wetter, not drier, in the winter.”

But this is the pattern: science ignoramuses accuse anyone who doesn’t agree with their politically motivated “scientific” opinions of being a science ignoramus. Continue reading

Ethics Quiz: “12 Years A Slave” Plays The Racial Guilt Card On Oscar Voters

12_years_ad_2.jpeg

“It’s time.”

This is the  tag line in the post-Oscar nomination ads being prominently run in New York and California for  “12 Years A Slave,” a strong Academy Award contender (nine nominations, including best film).

Although there is room for disagreement, and the ad has the virtue of all clever advertising that it conveys different messages to different markets—Haven’t seen the film yet? “It’s time!”  Desperate to see the best movie you saw in 2013 finally get its due? “It’s time!”  When will the question of whether the most honored film of the last 12 months will win the biggest honor of them all be answered? “It’s time!”…or almost time, as the Oscar ceremonies are coming up on March 2—the consensus is that “It’s time” is mainly aimed at Oscar voters, and the message it conveys is, as Slate puts it, “it’s time for a movie about slavery, and with a significantly black cast and crew, to be recognized by the Academy of Motion Picture Arts and Sciences.” Film critic Phil Hammond puts it slightly differently:

“The ad not only can be interpreted as shining a light on a very dark period in American history, it also shines a light on the Academy’s fairly dismal record of awarding its top honor to any movie about the black experience. In fact there has been only one Best Picture winner in the 85 years the Academy of Motion Picture Arts and Sciences has been handing out Oscars that even remotely qualifies in this regard. In 1968, In The Heat Of The Night, a murder mystery set against the racial divide in a small Southern town, won Best Picture and four other Oscars just a few days after the assassination of Martin Luther King (the ceremony was even postponed two days out of respect). The votes were in before the King assassination, but it seemed then that “It’s Time” would have been an appropriate way to describe that victory. However, outside of lead actor Sidney Poitier — who also co-starred in another racially themed Best Pic nominee that year, Guess Who’s Coming To Dinner —  this movie  featured a largely white cast, white producer, screenwriter and director (Norman Jewison).”

If so many in the industry are interpreting the ad this way, it is fair to assume that this was at least one of the ad’s objectives, and on the assumption that it was an objective, your Ethics Alarms Ethics Quiz today is this:

“Is appealing to Oscar voters on this basis fair and ethical?”

I can see strong arguments for each position. Continue reading

An Ethics Breach That Matters: Betrayal Of The Rule Of Law And Democracy

In the endless Obamacare Ethics Train Wreck, the trains may be our democracy, and the Rule of Law.

In the endless Obamacare Ethics Train Wreck, the trains may be our democracy, and the Rule of Law.

The consensus among objective legal observers is that President Obama’s unilateral amendments to a bill passed by Congress and signed by him into law exceed his constitutional authority, are illegal, and violate his oath to “preserve, protect and defend the Constitution of the United States.” Worse, they create a precedent that endangers the nation’s freedom,  as protected by the rule of law and the system of checks and balances, by laying the foundation for more obtrusive and dictatorial acts by future Presidents, who are sure to notice that the negative consequences of this blatantly unconstitutional act were nil. The President and the executive branch shares responsibility for this dangerous and irresponsible display of autocratic lawmaking with both houses of Congress and both political parties, none of which have demonstrated either the integrity or the courage to oppose him, for varying reasons.

It is depressing and indeed disgusting that our successful democratic system of government  created out of the vision and sacrifices of so many men and women of character, ability and high ideals is being progressively undone by fecklessness, incompetence and political expediency. That, however, is the plot playing out on the national stage, and these are the perpetrators: Continue reading

Ethics Hero: Boston Red Sox Pitcher Ryan Dempster

ivory-billed woodpecker

With a guaranteed contract that would pay him $13.25 million this year, all Boston Red Sox starting pitcher Ryan Dempster had to do was fail to make the team or be relegated to the disabled list to collect it all. Dempster felt, however, that his physical condition would not allow him to contribute to the team’s efforts to defend its 2013 World Championship, and that under the circumstances, decided that it would be better for all concerned if he didn’t play in 2014 and spent the year with his family. Thus, while not retiring, Ryan Dempster announced that he would forfeit the money owed to him.

Dempster made $13.25 million last year, and had made millions for many years before that; he certainly doesn’t “need” the money. Nevertheless, for a professional athlete to handle himself this way is about as rare as an ivory-billed woodpecker sighting.  “I could have had a choice of trying to spend the entire season trying to work through those and trying to be able to pitch,” he said in his statement, delivered at the Red Sox Spring Training camp where the team is about to begin training. “But I just felt like it’s something that’s preventing me from doing the job I want to do, and I’m not going to go out there and put my team at a disadvantage or me at a disadvantage by not being able to compete the way I’m able to compete.”

Ryan Dempster, professional athlete, just placed team, family, integrity, and fairness above $13.25 million dollars.

Ethics Hero.

 

 

Governor Cuomo’s Selective Anti-Gun Fervor: And This Is Why So Many Americans Have No Respect for Laws Or Lawmakers

Guns are a public menace! We must not permit lawless, reckless gun possession! Unless its a member of my staff, of course, in which case, meh, no biggie.

“Guns are a public menace! We must not permit lawless, reckless gun possession! Unless it’s a member of my staff, of course, in which case, meh, no biggie.”

[UPDATE: Jerome Hauer disputes some of the reported facts in this post. I have yet to find any sources that have different facts, but I will revisit both the story and my conclusions, and make appropriate revisions, retractions, or clarifications if and when warranted. You will find Mr. Hauer’s comment, and my reply to him, below.]

New York Governor Andrew Cuomo has been the source of some of the most excessive anti-gun rants making up the sorry legacy of the Post Sandy Hook Ethics Train Wreck. It was a year ago that a unveiled a package of strict gun restrictions, saying that with “the senseless massacre in Newtown, Connecticut… New York must say enough is enough to gun violence.” Oh, Gov. Cuomo hates guns, believe you me.

So what do you think happened when it was revealed that Jerome Hauer, Cuomo’s Division of Homeland Security and Emergency Services Commissioner appointed in 2011, had not only been carrying a handgun to work ever since, but also, incredibly, took out the gun and used the laser sighting device attached to the barrel as a pointer in a presentation to a Swedish delegation on Oct. 24? Hauer was not only breaking the Cuomo-backed law barring state employees from packing a weapon at their workplace, but also was modeling the kind of ignorant and dangerous firearm misuse that undermines any claim that he was a safe, responsible, well-trained gun owner.

What happened appears to be this: as soon as the Governor got word that Hauer’s illegal and reckless conduct was about to be revealed in the press, the Homeland Security chief received a quick waiver from New York’s Office of General Services Commissioner RoAnn Destito. The waiver, of course, could not make his prior conduct legal. Continue reading

In Massachussetts, The NAACP Flunks An Integrity Test

Jaywalking, domestic abuse...what's the difference?

Jaywalking, domestic abuse…what’s the difference?

What is the mission of the NAACP in 2014? Is it, as was once the case, to advance the prospects of African-Americans in the U.S. by ensuring their equal treatment under the law, respect and regard within the culture, and aggressive efforts to cure stubborn cultural handicaps within the black community? Or is it merely an advocacy group that determines right and wrong on the basis of skin color, and nothing more?

The conduct of the New England chapter of the NAACP in defending  State Rep. Carlos Henriquez strongly suggests the latter.

Henriquez is a disgrace in every respect—to his constituents, the legislature, the state, his gender, his race. Here is part of the police report of what got him convicted of two counts of assault: Continue reading

Ethics Alarms Mail Bag: Rep. Jim Bridenstine and The Duty To Confront

A reader asks…

“John McCain and Paul Ryan have corrected constituents who spout conspiracy theories about the President.  Should this Republican have left this town hall comment unchallenged?”

The incident referenced is on view here:

That’s Oklahoma congressman Jim Bridenstine (R-OK) who listens as a woman says, “Obama is not president, as far as I’m concerned.  He should be executed as an enemy combatant…I can’t tell you, or I can’t say because we are in a public place, this guy is a criminal,” and then answers by saying that “everybody knows the lawlessness of this president,” without addressing her more outrageous assertions. “The only way I see out of this is to overwhelmingly change the Senate, so that we can then impeach the SOB,” another woman says. “You know, you look so sweet…” says Bridenstine, deflecting. Continue reading

Tom Yawkey, J. Edgar Hoover, Political Correctness and Gratitude

Yawkey TributeIt’s not often that I am called upon to rebut a web post that relies on one of my articles for its unethical conclusions, but that is the position that Ron Chimelis has placed me in with his recent essay, Why the Boston Red Sox should rename Yawkey Way.

To catch you up quickly: Tom Yawkey was a lumber tycoon and baseball enthusiast who owned the Boston Red Sox from 1933 to 1976, making him the longest-tenured team owner in the sport’s history. Yawkey was almost certainly a racist; if he was not a racist, his team’s policies certainly were for many years. The Red Sox were the last major league team to integrate, and blacks did not have a significant place on the team’s roster until the late 1960s, two decades after Jackie Robinson broke the color line. From the beginning, Yawkey ran the Red Sox as a public utility, paying little attention to the bottom line as he tried to build a winner out of the franchise that had been a perennial loser since selling Babe Ruth to the Yankees in 1919. After his death, Yawkey’s wife Jean continued the family tradition, running the Red Sox, except for a few years, until her own death in 1992.

When Tom Yawkey died, the City of Boston re-named Jersey Street, which runs past the entry to Fenway Park where the Red Sox play, Yawkey Way in his honor.

In the unerring clarity of hindsight bias, Chimelis argues that Tom Yawkey is undeserving of any recognition by the city that he devoted much of his life to representing, enhancing, serving, inspiring and entertaining because racism is the ultimate crime, and anyone possessing that vile state of mind should be consigned to shame forever. It is a common point of view, and an unfair one. Continue reading