Tag Archives: intimidation

Evening Ethics Encounter, 9/26/18: And The Brett Kavanaugh Nomination Ethics Train Wreck Just Keeps On Rolling…

Good evening!

Well, it wasn’t so good: the Red Sox lost the second game in a double-header to the hapless Orioles….

1. Tempted. I am considering posting the “Bad Guy” essay on Facebook. It is certain to upset people, a lot of them, some good long time friends. I don’t generally try to upset people, friends or not. The echo chamber on social media, however, has become unbearable, with the most extreme, unsupported, unsupportable, declarations from the dregs of the progressive talking points attracting likes and cheers, and no glimmer of perspective, objectivity, and certainly not ethics peeking through the muck. I guess I want to upset them, like you want to slap a hysteric, or throw ice water on two brawling drunks. Nothing I write will accomplish anything positive with people this infected with hate and bias.

I guess posting it would be unethical.

Right?

2. This shouldn’t even qualify as an “allegation.” The Times:  reports that Julie Swetnick  “said she witnessed Judge Kavanaugh… lining up outside a bedroom where ‘numerous boys’ were ‘waiting for their “turn” with a girl inside the room….Ms. Swetnick said she was raped at one of the parties, and she believed she had been drugged. None of Ms. Swetnick’s claims could be independently corroborated by The New York Times, and her lawyer, Michael Avenatti, declined to make her available for an interview…. Unlike two other women who have accused Judge Kavanaugh of sexual misconduct, one who went to college with him and another who went to a sister high school, Ms. Swetnick offered no explanation in her statement of how she came to attend the same parties, nor did she identify other people who could verify her account…. In her statement, Ms. Swetnick said that she met Judge Kavanaugh and Mr. Judge in 1980 or 1981 when she was introduced to them at a house party in the Washington are… She said she attended at least 10 house parties in the Washington area from 1981 to 1983 where the two were present. She said the parties were common, taking place almost every weekend during the school year. She said she observed Judge Kavanaugh drinking ‘excessively’ at many of the parties and engaging in ‘abusive and physically aggressive behavior toward girls, including pressing girls against him without their consent, “grinding” against girls, and attempting to remove or shift girls’ clothing to expose private body parts. I also witnessed Brett Kavanaugh behave as a “mean drunk” on many occasions at these parties.'”

Althouse asks,

If the allegations are true, there must be many, many other witnesses. Where have they been all these weeks? And why would she go to “at least 10 house parties” if they were as she described? The NYT suggests there’s a gap in the account because Swetnick doesn’t say how she got to go to the same parties as Kavanaugh. We’re told Swetnick grew up in Montgomery County, Md., and graduated from Gaithersburg High School — a public school — in 1980 and attended the University of Maryland. That puts her in a less elite crowd. She’s also 2 years older than Kavanaugh and graduated from high school 3 years before he did, so it makes it a little hard to picture them at the same parties. Did older, state-college women go to parties with prep school boys years younger than them? If they did and the boys raped them, repeatedly and systematically, how could the boys get away with it, and why are there not many more women coming forward with the same allegations? And why are we getting this through Michael Avenatti?

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The Hitler Joke, Our Rights, And Our Nation

Prologue

When I was a junior in high school, I played Ko-Ko in  the Gilbert and Sullivan Club’s production of “The Mikado.” The head of the music department directed, a Jewish teacher named Mr. Einsig. He had the staging notes for all of the Gilbert and Sullivan works from the director who had gained great acclaim from his work with the Boston Light Opera Company, and I must admit, I cribbed many of that director’s ideas myself, through Mr. Einsig.One effective  staging concept was for the encores to “The Flowers That Bloom in the Spring.” Each one was performed as a different ethnic parody, with Ko-Ko singing translated lyrics. It began with Japanese, of course, then French, a Brooklyn dialect, and the biggest hoot of them all, German. I performed it, in my kimono, with an over-the-top Hitler imitation, complete with mustache, ending with an emphatic “Heil” gesture.

It brought down the house. Ten years later, at Georgetown University Law Center, I played Ko-Ko again, did the same Hitler parody again, and brought down the house again. Nobody complained. My late father, crippled for life in the fight against Hitler, detected nothing wrong with the routine. He also loved “Hogan’s Heroes,” with the show’s reluctant, inept, heiling Nazis, and the other Heil-filled spoofs of Hitler by Chaplin, Mel Brooks, and even the Three Stooges.

Now here is what happened to a private school teacher: read the whole, awful thing here. The short version: he was gesturing while explaining something in class, and noticed that his arm was raised Nazi-style, and said, “Heil Hitler,” jokingly. There was no question whether he was serious or not: everyone knew he was joking, and why he was joking. He even stopped and explained to the class that Once Upon A Time, in less enlightened eras, it was considered amusing to mock Hitler and the Nazis.

Ben Frisch, the teacher, a practicing Quaker  whose father was Jewish and who had two great-grandmothers  killed at Auschwitz, was fired by the private school anyway. The school principal who fired him explained his reason to the New York Times magazine  by saying, “One of our pledges is to make all of our students feel safe. And that is something that I take very, very seriously.”

Says the Times reporter in part in reaction to this: Continue reading

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Althouse’s Commenters Delineate A Trend

Is something in the etho-cultural air? I wonder. Suddenly hints that patience with the resistance/progressive/Democratic/mainstream media assault on the Presidency, democracy, fairness, honesty, civic discourse and the rule of law is running out even with typically left-leaning citizens are turning up in multiple venues all at once. This is, of course, gratifying here at Ethics Alarms, since I have regarded this as an ethics crisis since 2016.

Fascinating evidence can be found in the comments to a recent post by Ann Althouse, in which she pointed to a res ipsa loquitur piece in Politico, “‘What Happened to Alan Dershowitz?’,  which I would summarize as “Whatever could have possessed Alan Dershowitz to make him opt for objectivity, principles and integrity at a time like this?” Ann, as she frequently does, didn’t comment substantively on the essay, deciding instead to make an arch observation while pointing the way for her readers. She flagged what she called “the most obvious quote” in the essay: “Maybe the question isn’t what happened to Alan Dershowitz. Maybe it’s what happened to everyone else.” Of course, nothing happened to Dershowitz. He’s doing what a lawyer, an analyst and a trustworthy pundit is supposed to do: apply the same standards to everybody; not let emotion rule reason, and when all around him are losing their heads and blaming it on him, keeping his own despite temptations to follow the mob.

Ann’s readers distinguished themselves in their reactions. I wonder if the Democrats are paying attention. They are fools if they don’t.

Read as many as you can. Here’s a representative sample: Continue reading

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A Strange And Disturbing Conversation…

It’s baaaack!

Yesterday I did a pro bono ethics presentation for a local lawyer group. During the lunch, which, as usual in such situations, I never got to eat, I was seated next to a lively, intense, talkative young man, like the rest of my audience, a corporate counsel. The discussion was oddly tentative for a long time, which the lawyer’s body-language suggesting wariness and his verbal choices suggesting unusual care. He was probing for something, and I couldn’t tell what. What was it that they vibe reminded me of? Poker? A job interview? Suddenly I realized what it was: the conversation had the tenor, though not the implied subject matter, of those awkward conversations I recalled from parties and encounters where a new male acquaintance was trying to figure out a) whether I was gay and b) whether, if I wasn’t, he could trust me enough to say that he was.

In this case, however, the young man was probing to see if I hated President Trump. I don’t know which comment of mine put him at ease, but suddenly it all poured out. This lawyer and Haitian-American immigrant was an enthusiastic supporter of the President’s policies and leadership style. Once he was certain that I would not look at him like he was the spawn of Satan for daring to express such a view—which he explained extremely logically and eruditely—we had a fascinating discussion, covering illegal immigration, the news media’s bias, the “resistance,” racism, muscular foreign policy leadership, the 2016 campaign,  and more.

However, the fact that simply expressing support for the elected President of the United States, even limited support, indeed even the absence of affirmative contempt, is considered such a perilous social stance that citizens are afraid to express it among their peers demonstrates the monstrous—I think that’s a fair adjective here—intimidation and speech suppression that has been perpetrated by the Left since the 2016 election. Hate is such a powerful emotion that even when it is unjustified, the threat of it being focused on you now keeps Americans from openly expressing their opinions. This is a thought and attitude control strategy, weaponizing the Cognitive Dissonance scale (above) to achieve power and control. If you have this position, we will hate you. Be warned. The message goes out in a thousand ways, especially on social media, but in face-to-face encounters as well, with family, in the workplace, and in social situations.  Some—I think a surprising number–have the strength to resist it as the unethical compelled political conformity tactic that it is. Still, many capitulate, at least in public.  The tactic is even turned on experts and analysts with integrity as well, as in this Politico essay about Alan Dershowitz, which carries the message that a good liberal should not be making the case that the criminal law is being abused and civil libertarian principles discarded as the Left attempts to undo an election by any means necessary. The effectiveness and intimidating weight of the implied threat of shunning is acknowledged by what one blogger describes as the “Trump Bump”—“that little obligatory hiccup in which the speaker on any given topic must pause to make a pejorative reference to Donald Trump before going on, in order to establish his or her bona fides as a good person. ” Continue reading

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Comment Of The Day: “Don’t Cheer Mississippi’s Westboro Baptist Tactics Too Loudly: You Never Know Who Might Hear You”

An Ethics Alarms commenter with the evocative screen name of Fuck you, who is a bit behind on his surfing, or perhaps a really, really slow reader, was moved to author today’s Comment of the Day on a post from seven years ago regarding the tactics used by Mississippi law enforcement to foil a legal demonstration by Fred Phelps’ merry band of homophobes.

Why is this a Comment of the Day? It perfectly embodies the rudimentary, lizard-brain level of ethical analysis that predominates in the public, in much of the media, and among our elected officials. It is helpful, to me at least, to read such comments, for this is exactly the find of gut-level, emotion-based, legally and ethically ignorant reaction that my work exists to overcome. I’ll have more to say after the Fuck You has his say.

As an aside, it was nostalgic reading the names of the commenters on the original post. There, for example, fighting as usual, were liberal logic-cop tgt and uber-conservative Stephen Mark Pilling. Ah, those were the days…

Here is Fuck You’s Comment of the Day on the post, Don’t Cheer Mississippi’s Westboro Baptist Tactics Too Loudly: You Never Know Who Might Hear You—I’ll be back at the end:

Fuck you for this comparison. I know I’m coming in years later with this and I hope that others have already expressed a similar sentiment. I also understand the point you are trying to make. But still FUCK YOU. I sincerely hope that if you ever lose someone dear to you, these fucking hatemongers show up and protest that person’s funeral. FUCK YOU. Yes they have a right to protest but this type of shit should definitely qualify as a reasonable restriction, like yelling fire in a crowed theater.

FUCK YOU. This comparison is not only an insult to the Marine in question but also to the civil rights activists from decades ago that you just compared to the fucking WBC. FUCK YOU.

Once again Fuck you, you goddamn scum ass mother fucker. Oh, and FUCK YOU.

Continue reading

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Ethics Quote Of The Week: Lee Smith, Making It All Clear

“Yet for its advocates, the questionable veracity of the Russiagate story seems much less important than what has become its real purpose—elite virtue-signaling. Buy into a storyline that turns FBI and CIA bureaucrats and their hand-puppets in the press into heroes while legitimizing the use of a vast surveillance apparatus for partisan purposes, and you’re in. Dissent, and you’re out, or worse—you’re defending Trump…In other words, there’s the truth, and then there’s what’s even more important—sticking it to Trump. Choose wrong, even inadvertently, …no matter how many times you deplore Trump, and you’ll be labeled a Trumpkin.”

Lee Smith in his essay, Who Believes in Russiagate?”

Later he adds,

“What unites [critics of Russiagate on the Left and the Right] obviously isn’t politics—rather, it’s the recognition that the Russiagate campaign represents an attack on American political and social institutions, an attack on our liberties, an attack on us. Russiagate is a conspiracy theory, weaponized by political operatives, much of the press, as well as high-level intelligence and law enforcement bureaucrats to legitimize an American election and protect their own interests, which coincide with those of the country’s larger professional and bureaucratic elite.”

You might wonder why I chose to highlight the first quote  rather than the second. The second tells me nothing I don’t know, or that readers of Ethics Alarms don’t know: I’ve made it a theme here since early in 2017. I learned something from the first quote, however. This is the phenomenon I have been experiencing on Facebook, where periodically pointing out unfair and intellectually dishonest attacks on President Trump and pointing out the news media’s horrific bias increasingly get me labelled as a Trump supporter, apologist or enabler. Meanwhile, I recently had a follow-up exchange  with NPR over my objections to Prof. Butler’s “Oh, come on!” outburst when I was correctly pointing out what was ethically dubious about late accusations of sexual harassment against political figures.  Oh, no, I was told. He wasn’t saying “Oh come on!” because I misrepresented sexual harassment law. He was saying that because he thought I was making excuses for Trump. Continue reading

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Morning Ethics Warm-Up, 10/24/17: It’s The Andrew Sullivan Show!

Still trying to clear the decks..

1 Last week, Andrew Sullivan delivered a couple of excellent pieces of commentary with ethical clarity. My definition of an ethical analyst is one who can steer away from the magnetic pull of cognitive dissonance, and realize that, for example, just because Democrats and progressives deplore President Trump as much as you do doesn’t mean you have to regard their battiest and most unethical positions as better than they are. Sullivan qualifies. Here he is making what I once thought was an obvious point: that Democrats and progressives embracing open borders (and condemning as racist anyone who doesn’t) was irresponsible:

I don’t believe it’s disputable at this point that the most potent issue behind the rise of the far right in America and Europe is mass immigration. It’s a core reason that Trump is now president…[and the] reason why I have dwindling hopes that the Democratic Party will be able to defeat Trump in 2020. Instead of adjusting to this new reality, and listening to the electorate, the Dems have moved ever farther to the left, and are controlled by ever-radicalizing activists. There’s a nuanced, smart — and shockingly honest — piece in Vox by Dara Lind about this. Money quote:

For Democrats, it’s been a simple calculus. Democrats’ attempts at “tough love” centrism didn’t win them any credit across the aisle, while an increasingly empowered immigrant-rights movement started calling them to task for the adverse consequences of enforcement policies. Democrats learned to ignore the critics on the right they couldn’t please, and embrace the critics on the left who they could… Democrats in 2017, in general, tend to criticize the use of immigration enforcement, and tend to side with those accused of violating immigration law, as a broad matter of principle beyond opposing the particular actions of the administration … Democrats are no longer as willing to attack “illegal immigration” as a fundamental problem anymore.

This is, to be blunt, political suicide. The Democrats’ current position seems to be that the Dreamer parents who broke the law are near heroes, indistinguishable from the children they brought with them; and their rhetoric is very hard to distinguish, certainly for most swing voters, from a belief in open borders. In fact, the Democrats increasingly seem to suggest that any kind of distinction between citizens and noncitizens is somehow racist. You could see this at the last convention, when an entire evening was dedicated to Latinos, illegal and legal, as if the rule of law were largely irrelevant. Hence the euphemism “undocumented” rather than “illegal.” So the stage was built, lit, and set for Trump.

Bingo.

2. A post that fell through the cracks months ago involved one more example of California morphing into Bizarro USA. Then the post was about a speech-dictating bill passed by the legislature; this month, Jerry Brown signed it into law. The bill was SB-219, changing the laws regarding health care facilities, including nursing homes. Continue reading

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