lawsuits

Now THIS Is The Streisand Syndrome: The Strange Saga Of Professor Bruce Hay

/ Jack Marshall / 18 Comments

You have to go to the links; I can’t do justice to this story without giggling. Primarily, I want to highlight this epic mess because it’s the best example of the Streisand Effect ever, a situation where an attempt to seek redress for an alleged smear brings more publicity to negative details about the supposed victim far beyond  anything the original conduct could have. To make the fiasco more juicy still, here is a Harvard Law professor revealing himself as an utter fool, and engaging in a frivolous—that is, unethical— attempt to use “sexual harassment” to apply to “you used your feminine whiles to manipulate me, and I fell for it.”

Sexual harassment doesn’t mean that.

The hilariously baroque story involves… Continue reading →

Monday Morning Ethics Warm-Up, 8/10/2020: Stelter Gaslighting, “Neither Rain Nor Snow,” A Good Lawsuit, And Orwellian Marketing [CORRECTED!]

/ Jack Marshall / 14 Comments

Goooood Morning!

The song is from one of my favorite Broadway cast albums. The show (which I directed in college) is something of a mess, but the songs are terrific. Anthony Newley was a talented songwriter (with writing partner Leslie Bricusse) and a triple threat performer who was just a little bit too intense for some people. Among his best known songs with Bricusse are “The Candyman,” “Feelin’ Good” (from “Greasepaint,”) “Gonna Build A  Mountain” and “What Kind of Fool Am I?” (from “Stop the World, I Want To Get Off.” “On a Wonderful Day” is sung on the album by Cyril Richard, whom older readers will remember as the definitive Captain Hook, menacing Mary Martin in the live TV versions of “Peter Pan.”

1. This is wonderfully hilarious. Brian Stelter strikes again. From his CNN show yesterday:

STELTER: “When you see entire media companies essentially exist to tear down Joe Biden, is there an equivalent of that on the left, tearing down Trump?”

GUEST: “There really isn’t.”

Do any CNN viewers really believe this? How much gaslighting can a CNN talking head get away with?

2. Res Ipsa Loquitur. Running a small business trying to struggle through the lockdown when our main income is from live presentations, my wife and I are finding cash flow tougher than ever. Today we were alerted by the USPS that a large check we have been waiting for was delivered two days ago. (It wasn’t.) A few weeks back, we received what looked like an important letter addressed to someone in Spokane, Washington. Yet I will be encouraging voter suppression if I suggest that mail-in ballots are a disastrous idea.

It’s interesting: the same people who insist that the United States is out of step if it doesn’t emulate “other developed nations” in such matters as government health care and banning capital punishment are oddly silent about the overwhelming hostility to voting by mail in Europe. Paul Bedard points out,

Most developed countries, especially in Europe, ban mail-in voting to fight vast fraud and vote buying that had threatened the integrity of their elections, according to an exhaustive review of voting rules and histories in over 30 major nations. In the European Union, 63% have put a ban on mailing in ballots except for citizens living overseas. Another 22% have imposed a ban even for those overseas. And most of those that allow mail-in ballots require some form of photo ID to get one, according to the report from the Crime Prevention Research Center shared with Secrets. “These countries have learned the hard way about what happens when mail-in ballots aren’t secured. They have also discovered how hard it is to detect vote buying when both those buying and selling the votes have an incentive to hide the exchange,” said author John R. Lott, the center’s president.

Meanwhile, we don’t have to rely on Europe’s example to figure out this is a terrible and dangerous idea. From NBC:

More than 1 in 5 mail-in ballots were rejected in New York City during the state primary June 23, the city’s certified election results revealed this week. City election officials rejected 84,000 ballots — 21 percent of all those received by election officials. More than 403,000 ballots were returned to election officials, according to city data, but only about 319,000 absentee ballots were counted, the certified results showed… The U.S. Postal Service, unused to the deluge of prepaid mailers, reportedly left postmarks off ballots, leaving thousands of them to be rejected because it was unclear they were sent on time.

If I were conspiracy-minded, I’d suspect that Democrats want chaos in the November election–all the better to reject the results and take to the streets. Continue reading →

A Sunday Morning Ethics Quiz: “Ass and Boobs” vs. “The Camel’s Toe” [Corrected]

/ Jack Marshall / 16 Comments

Roenick, Lipinski and Weir. Wait…Johnny Weir is gay?

Ex- pro hockey star Jeremy Roenick has sued NBC Sports for wrongful termination, claiming the network discriminated against him as a heterosexual. At issue is his firing in February of this year for saying,  during a Barstool Sports podcast called “Spittin’ Chiclets”, while discussing his wife and Kathryn Tappen, a coworker,

“I’m swimming with my wife and Kathryn, and they’ve got their bikinis on, and they look fuckin’ smokin. Ass and boobs everywhere. It’s great.”

I suppose I should mention by way of context that sports fans do not listen to ex-hockey players  blather on “Barstool Sports” to be enlightened on the writings of Marcel Proust. Nonetheless, NBC quickly suspended Roenick, and though he issued an apology, his NBC supervisor, Sam Flood, subsequently informed him that he was fired.

[Notice of Correction: I originally wrote that Barstool Sports was an NBC production, It isn’t. So Roenick was fired for comments made when he was not under the auspices of NBC.]

What sparked the lawsuit now was the absence of any discipline levied by NBC sports after NBC Sports commentators Tara Lipinski and Johnny Weir participated this May in a leering promotional video for the At-Home Variety Show on the Peacock streaming service, joined by “Pitch Perfect” actors Elizabeth Banks and John Michael Higgins. Continue reading →

Afternoon Ethics Agony, 7/9/2020: I See Awful People…

/ Jack Marshall / 25 Comments

Hi!

I am feeling stressed because there are a lot of Ethics Alarms projects  and commitments that are languishing: I’m trying to work out the logistics of a Zoom symposium for commenters; I have to compile the many submissions for the corporate and organizational grovels to the George Floyd mobs so we can vote on the best and worst; I am finishing the Ethics Alarms glossary of fake news categories, and I still owe Michael  West his prize from an Ethics Alarms contest he won a couple of years ago—and that’s still not all of them. The best I can say is: please be patient, because I’m not.

1. Is this a good sign, or something else? I turned on Sirius-XM’s “Comedy Greats” channel while driving to pick up some prescription and heard a segment of a Nick DiPaulo routine that was unbelievably politically incorrect, or, as many would say today, racist, misogynist and anti-trans. The audience was in hysterics; several of the jokes were so extreme—but funny!—that I nearly lost control of the car. I had to check: no, he hasn’t been assassinated yet. Neverthless, I felt like I had fallen into a parallel universe. DiPaulo makes Dave Chappelle seem like Art Buchwald.

2. How about “Lady Asshole”? Several readers sent me links to this story, telling us that the Grammy-winning vocal group  formerly known as Lady Antebellum, having decided to ditch the second half of their name to grandstand and show that they support tearing down statues, are now suing Anita White, a blues singer who has called herself “Lady A” for decades, because she wouldn’t sell  the rights to that name to them for a price the group found reasonable.

I can’t imagine anyone being sympathetic with the group, especially a jury. Nobody made them change their name, and choosing “Lady A” without doing sufficient research was negligent. The group is using wealth and fame as a cudgel, with three rich white jerks trying to bully a local (and black) artist into bending to the their will. I hope someone has started a GoFundMe page to help Anita with her legal fees.

3. Find my 2011 post on Donald Trump running for President, substitute Kanye West’s name for his, and you’ll have the Ethics Alarms position on Mr. Kardashian’s candidacy. I know a lot of celebrities and too many members of the public don’t comprehend this, having the civic literacy of gerbils, but our democracy is not a game. Running for President as an exercise in ego-massage and branding is wildly irresponsible, and threatens to distort voting and results. West is not a serious candidate, but he’ll attract attention and the support of those who vote purely on the basis of group biases.  But the news media will give him more attention than he deserves, which is none, and he could easily take votes away from Democrats.

The good news is that since Kanye has approximately the attention span of a mayfly, it’s a good bet that this impulse will be fleeting, just as Trump’s was in 2011. Continue reading →

Friday PM Ethics Discoveries, 5/15/2020: A Coup Option On The Way Out, A Narrative Reappears, Trump Tweets, Reasonable Discrimination Opposed, And More

/ Jack Marshall / 26 Comments

Well let’s check the ol’ ethics box and see what we have today!

1. That’s one coup option down the drain! Based on what reporters heard during the phoned-in oral arguments on Chiafalo v. Washington and State v. Baca, it appears that the Supreme Court is going to rule that states can require electors to vote for the candidates the state’s voters instructed them to vote for. If so, good. That will eliminate at least one of the unethical coup options that were attempted after Trump upset Clinton. You will recall that there was a mass effort to hijack the Electoral College using the rationalization that Alexander Hamilton would have approved.

Lawrence Lessig, the wacko Harvard law professor we have discussed here more than once, represented the electors who were blocked from voting against the electorate’s wishes. Maybe its just me, but if I’m going to be represented before the Supreme Court, I think I’d choose a lawyer who hadn’t announced that he was running for President  as a “referendum president” who would serve only as long as it took to pass some pet progressive legislation, and then would quit and let his VP take over. Lessig obviously does not take elections seriously; no wonder he thinks electors should be free to vote for Chucky Cheese.

2. “Nah, there’s no mainstream media bias!”, Fake History Division.  Adam Liptak, long-time SCOTUS reporter for the Times, writes in his story about #1 above,

“A swing by just 10 electors would have been enough to change the outcomes in five of the previous 58 presidential elections, according to a Supreme Court brief. In the 2000 election, after an assist from the Supreme Court, George W. Bush beat Al Gore by just five electoral votes.”

See how Liptak pushes a progressive narrative in what is supposed to be a news story? There was no “assist”; we now know that Bush would have won Florida’s electoral votes with or without SCOTUS halting the recount. What the ruling in 2000 assisted was the nation having an orderly transfer of power within a reasonable time. Even though the “Bush and the Supreme Court stole the Presidency” lie has been thoroughly exposed as such, Democrats and the news media keeps injecting it into the public’s consciousness by constant repetition. Continue reading →

Mystery Solved! Now We Know What The ACLU Has Been Doing While State Governments Were infringing On Basic Civil Rights

/ Jack Marshall / 13 Comments

It was rotting.

The non-profit organization that is supposedly dedicated to protecting the rights of all Americans against government incursions, as the Bill of Rights holds in both letter and spirit, made no effort to protect the citizens whose liberties have been arbitrarily manacled by power-mad governor and mayors, though the pandemic over-reach seemed to be a perfect battleground for the once non-partisan and idealistic group.

However, once Secretary of Education Betsy DeVos spearheaded a much-needed revision of Title IX designed to protect the due process rights of male students accused of sexual misconduct on campus, the ACLU sprung into action—to try to block her.

It is hard for me to imagine how any objective reader could  peruse the revised federal guidelines on how sexual assault allegations should be handled on college and K-12 campuses and conclude that they are hostile to the Bill of Rights in any way. Nevertheless, the  federal lawsuit filed yesterday, with the backing of the ACLU, claims  the changes would “inflict significant harm” on victims and “dramatically undermine” the civil rights of accusers—you know, those women who must be believed when they want men to be punished.

The suit was filed on behalf of four advocacy groups for such women, including Know Your IX and Girls for Gender Equity. The objective is to block the Education Department’s fixes, made necessary by the Obama Education Department’s unethical “Dear Colleague” letter that threatened universities with the loss of funds and other sanctions if they didn’t make it easier for women to get male students kicked out of school in she said/he said disputes.  The  reform regulations will go into effect by August 14 unless they are rejected by the courts.

The rules championed by DeVos  bolster  the due process rights of those accused of sexual assault and harassment, allowing for live hearings and cross-examinations.

The suit, filed in U.S. District Court in Maryland by the American Civil Liberties Union and the New York-based law firm Stroock & Stroock & Lavan LLP, is Orwellian. “This new federal effort to weaken Title IX makes it more difficult for victims of sexual harassment or sexual assault to continue their educations and needlessly comes amid a global pandemic.”

What does the pandemic have to do with anything? I guess it’s because the ACLU had a retreat or something and decided that the Wuhan virus  suspended civil liberties. Says Yahoo!, Continue reading →

Three Intriguing Updates And Supplements To Recent Posts!

/ Jack Marshall / 7 Comments

1. This Time, Blame The Victim (3/24/2020) and High Noon Ethics Showdown, 4/2/2020: Reality Dawns

From the National Review:

Arizona police are now conducting a homicide investigation into a woman who claimed she gave her husband fish tank cleaner after President Trump claimed the anti-malarial drug hydroxychloroquine was an effective treatment for coronavirus.

Wanda Lenius told NBC News last month that she and her husband Gary consumed fish tank cleaner because it contained a chemical that Trump suggested might be an effective prophylactic and treatment for coronavirus. The cocktail, which contained four teaspoons of fish tank cleaner mixed with soda water, put Wanda in the ICU and killed Gary. “My advice,” Wanda explained, is “don’t believe anything that the President says and his people because they don’t know what they’re talking about.”

When I wrote the first post about Wanda Lenius, who, she said, persuaded her  husband to swallow fish-tank cleaner because the President had promoted chloroquine, one of the ingredients, as a promising treatment for Wuhan virus infections, commenter Joe Fowler suggested that the story sounded to him as if she had figured out how to bump off her husband, writing,

Am I alone in finding it suspicious that the couple that consumed the fish tank cleaner is presumed to have done exactly what the wife is claiming? The husband is dead in bizarre circumstances, poison in fact…. The “Trump told us to do it!” nonsense is just too perfect a narrative for the corrupt media, They can’t help but use it.

Blogger Ann Althouse also suggested that foul play might be involved, and so did my wife. later we learned that far from being a robotic Trump-follower, the woman was, in fact, an active anti-Trump donor. She and her husband had a contentious relationship that had include a domestic abuse complaint.

Stay tuned... Continue reading →

Afternoon Ethics Update, 4/8/2020: It’s A Wonderful Day To Think About Ethics!

/ Jack Marshall / 39 Comments

—even if so many people are not.

And can’t.

Today is my wife’s birthday. All we can do to celebrate is to be together, and be grateful that we found each other, and are still together, a miracle of chaos theory in so many ways. She is, and will always be  my inspiration, my rock, my balance, the one who constantly keeps me from spinning out of control, and the love of my life.

1.  Pandemic ethics and religion. It’s unfortunate when religions misbehave during catastrophes:

  • The Pope made the fatuous comment in an interview that the pandemic offers an opportunity to slow down the rate of production and consumption and to learn to understand and contemplate the natural world. “We did not respond to the partial catastrophes. Who now speaks of the fires in Australia, or remembers that 18 months ago a boat could cross the North Pole because the glaciers had all melted? Who speaks now of the floods?” the Pope said. “I don’t know if these are the revenge of nature, but they are certainly nature’s responses.”

Whatever that’s supposed to mean. Maybe it sounds better in Italian.

  • Yesterday, I turned on the TV only to see a live broadcast from one of the evangelical mega-churches, packed to the rafters, nobody wearing masks or practicing social distancing.

Irresponsible and infuriating.

About 44 percent of likely voters in the United States see the coronavirus pandemic and economic meltdown as either a wake-up call to faith, a sign of God’s coming judgment or both, according to a poll commissioned by the Joshua Fund, an evangelical group run by Joel C. Rosenberg, who writes about the end of the world, and conducted last week by McLaughlin & Associates, pollsters for President Trump and other Republicans.

David Jeremiah, a pastor who has been one of President Trump’s informal evangelical advisers, asked in a sermon recently if the coronavirus was biblical prophecy, and called the pandemic “the most apocalyptic thing that has ever happened to us.”

No, it’s really not. This “end of days” stuff is either hysteria from the ignorant whose knowledge of world and U.S. history begins in 2008, or it’s worse, deliberate scare-mongering by church leaders to goose membership. Yes, I know a recent earthquake in Utah even shook the Salt Lake Temple so hard that the golden trumpet fell from the angel Moroni’s right hand. That is exactly as significant a portent of the Apocalypse as Chris Sale having Tommy John surgery.

In other words, incredibly significant.

After I get this post up, I think I’ll go watch “The Omen”—the good one, with Gregory Peck. Continue reading →

The US Soccer Equal Pay Law Suit: No, Megan, Truth Is Not Misogyny

/ Jack Marshall / 36 Comments

The U.S. women put on their angry faces and inside-out jerseys in protest…

I would add to that title “And you know it,” but I’m not really sure United States Women’s National Team captain and star Megan Rapinoe do know it. She’s an extreme ideologue, and facts are just obstacles to activists like her. Even if it’s sincere, however, her ridiculous indignation—- because the defense to a legal action based on posturing rather than reality made a predictable and irrefutable point— is ethically indefensible, except on the basis that it worked.

I don’t know that I’ve ever seen or heard of something quite like this. An opposing party has thrown a fit over factual representations in an adversary court filing, on the grounds that it’s mean to assert the truth, and people are taking that complaint seriously.

Wow.

The United States Women’s National Team is suing U.S. Soccer for gender discrimination because the men’s team, they argue, is paid more “for the same work.” In its counter motion opposing the motion by the women’s lawyers for the court to grant them summary judgment—a routine and usually futile request—the lawyers for U.S. Soccer  replied in part that

“The point is that the job of [a men’s national team] player (competing against senior men’s national teams) requires a higher level of skill based on speed and strength than does the job of [a women’s national team] player (competing against senior women’s national teams).”

Continue reading →

Evening Ethics Reflections, 2/11/2020, While Waiting For Joe Biden To Go Down

/ Jack Marshall / 20 Comments

Hi!

It looks like Joe Biden will end up fourth or worse in the New Hampshire primary, and if he does, it will all be over but for the shouting, or in Joe’s case, the blathering. This was pre-ordained from the second Joe entered the race: how anyone knowledgeable and paying minimal attention could see Joe was a shell of his former self, and his former self was never anything to get excited about in the first place. I have never believed that President Trump thought Biden was a threat to defeat him; if his determination to unravel the Biden’s influence peddling in the Ukraine had a personal component, it was that he just wanted to stick it to Joe and expose his hypocrisy. We will never know, I guess. But I assume trump knew he didn’t need to “cheat” to beat Biden.

It’s amusing and somehow fitting that Joe’s inexplicable “Lying dogfaced pony soldier” outburst is serving as a tipping point, with a lot of people suddenly smacking their heads “I could have had a V-8!” style and thinking, “Hey! This guy really is an idiot!” Yes, he really is. The fact that the bland Amy Klobuchar is surging as the new moderate (relatively) savior of the party shows just how bad Biden has been, and also just how unforgivably incompetent and unattractive a field the Democrats have offered America in 2020. On the hopeful side, at least Democratic voters have recognized Senator Warrren as the manipulative, untrustworthy demagogue she is. If a Massachusetts leftist Senator can’t beat Buttigieg and Sanders in New Hampshire, she’s not going to win anywhere.

All of this couldn’t happen to a more deserving party.

1. The President thinks Pete Rose belongs in the Hall of Fame. Of course he does. Our President has an unhealthy tolerance for liars and rogues. There has been a depressing outbreak of renewed sympathy for Rose, the game’s all-time hits leader who was banned from baseball for life after being proved guilty of betting on baseball games while a manager, betting on games his own team, the Reds, was playing, and lying about both over many years. The reason is the recent sign-stealing scandal, because, of course, one cheating scandal mitigates a completely different offense that didn’t have anything to do with cheating.

Naturally, there’s a tweet… Continue reading →