Morning Ethics Warm-Up, 10/13/17: All Aboard The Weinstein Ethics Train Wreck!

Good Morning, Hollywood!

I’m sorry to bombard you with this ugly topic again first thing, but I’d like to stop having to think about it as soon as possible.

1 My sister, a committed Democrat who naturally prefers that damning stories about her favorite politicians go down the memory hole as soon as possible, complained yesterday that she didn’t understand why Harvey’s demise was such a long-running story. He’s a pig, we’ve seen it before, he’s fired, big deal, she protested. There are more important things going on.

There are undoubtedly more important things going on, but from an ethics perspective, the importance of the Harvey Weinstein Ethics Train Wreck and who boards it (and who has been riding it for decades) is as significant and chock full of lessons as a story can get. The Penn State-Jerry Sandusky-Joe Paterno scandal was important for some of the same reasons. It exposed the tendency of organizations to become corrupted when non-ethical considerations, usually money, freeze the clappers on multiple ethics alarms. It showed how “virtuous” people with power and influence can betray their values, admirers and supporters in the pursuit of personal or organizational goals. It showed how even usually complacent and biased journalists will suddenly become responsible when the details are juicy enough…and how some won’t. The Sandusky saga also was one more clue to how inherently warped an entire industry’s culture—in that case, big time college football—was (and is).

The Weinstein Train Wreck is worse, however, and also more significant. Weinstein is typical—extreme, perhaps, but typical—of  a popular and glamorous industry that has abused power to debase and exploit women for a century. The trade-offs and incentives turned many of the abused women into accessories of future crimes against other women, while some women, too powerful to have to fear the consequences of doing the obviously right thing, chose to protect the community and the industry rather than human beings. That they, and complicit men in the industry as well, did this while spending the past six years making angry public speeches about the sexist and misogynist attitude of Republicans flagged the kind of hypocrisy that demands substantive consequences.

It also demands reform. Anyone who  thinks Hollywood is going to retire the casting couch because of one especially disgusting and prolific predator is kidding themselves. Sexual harassment and gender discrimination is rampant at every level of the performing arts, from high school theater up through Broadway, and on to Hollywood. I question whether that culture will ever change significantly. At least this episode might educate the public that if they take moral grandstanding from the likes of John Legend, Meryl Streep and Jimmy Kimmel seriously, they are asking to be betrayed and disillusioned.

And that doesn’t even reach the political hypocrisy exhibited by the Democratic Party and progressives, which embraced and celebrated a sexual predator from Hollywood because he gave them money, just as they have been giving a sexual predator from Arkansas the King’s Pass on similar conduct because he gave them power. As long as the only voices calling attention to this are from the Right,  count on progressives to ignore or minimize the issue. After all, conservatives and Republicans accepted the devil’s bargain in allying themselves with Roger Ailes. Still, the criticism of the party and predator enablers like Hillary Clinton needs to come from the Left to do any lasting good. So far there has been some criticism from that direction, but not nearly enough.

2. Weinstein’s contract with The Weinstein Company  included a clause that allowed  his sexual harassment as long as he paid the costs of settlements out of his own pocket, TMZ reported yesterday. So much for the sham posture that the company was shocked and disgusted at his conduct. Poor Donna Brazile, desperately trying to join the futile virtue signalling by hypocrites who have been cheering on Hillary and her husband for decades, tweeted her admiration for the TWC board thusly

…only to have to delete the tweet later. Did Donna really believe that the TWC board, including Harvey’s brother, didn’t know what Weinstein was doing? Is she that stupid?

3. A lot of contentious debate on this topic at Ethics Alarms has arisen regarding the complicity and obligations of various Hollywood actresses. There are different categories, and conflating them only leads to confusion. Here are the categories and subcategories:

A. The powerless victims of harassment These are the young, aspiring actresses who were propositioned or assaulted by Weinstein, and convinced, rightly or not, that they would never have a chance if they complained

These are the equivalents of Bill Cosby’s victims, who only came forward after their abuser was wounded and vulnerable.

A 1. Powerless victims who accepted cash settlements. This means that since other remedies were unavailable to them, they at least triggered some kind of punishment and compensation. This required, however, allowing future victims to go unwarned, since the pay-offs were accompanied by confidentiality agreements.

B. Victims who were not powerless, due to connections in the industry. I place actresses like Ashley Judd, Angelina Jolie and Gwyneth Paltrow in this category.

C. Victims who, over time, became powerful, wealthy, popular and influential enough that they could have exposed Weinstein, if they chose, but didn’t.

C 1 Victims who received cash settlements when powerless but whose careers  progressed to the point that they could forfeit the cash and accept any legal consequences of breaking the contractual agreements.

D. Rape victims. Sexual harassment is a civil offense; rape is a crime. Many rapes can be substantiated by medical examinations, and rapists are dangerous. Accepting a cash settlement for not reporting one’s rape when the rape could have been substantiated—this is what Rose McGowan did—is a breach of multiple civic duties.

E. Women in the industry who became aware of Weinstein’s conduct and did nothing about it.

F. Women in the industry who became aware of Weinstein’s conduct,  did nothing about it, and continued to praise him in public.

G. Actresses who accepted Weinstein’s proffered bargain, and exchanged sexual favors for roles and contracts, turning what is laughably regarded a a meritocracy into sexual commerce. We don’t know who these women are, but it strains credulity to think there were none.

Of course, many male Hollywood figures also fall into categories E and F.

Categories C, EF and G are the most unethical categories. D is problematic as well.

4. Jane Fonda revealed to Christiane Amanpour that she is in category E. She “found out about Harvey about a year ago,” said the certified Hollywood royalty, outspoken feminist and progressive champion.  “I’m ashamed that I didn’t say anything right then,” Fonda said. 

Well, that’s nice. As long as she is ashamed.

We can proclaim our principles and values all our lives, but if we don’t act according to them when the lives of others are at stake, all of what went before is meaningless. How many women suffered at Weinstein’s hands after Jane knew? Continue reading

Unethical Headline Of The Month: NBC Sports

I suppose the Ethics Alarms headline could also be Ethics Dunce: Bill Baer, for the NBC baseball writer responsible for the irresponsible, misleading, ignorant and mighty close to libelous story under the headline, which is…

Sherwin Williams is trying to back out of a charitable contribution at Angel Stadium

No, it isn’t. Not even close.

Here, in part, is what Baer writes. Raise your hand when you realize that he is full of beans:

The paint company Sherwin Williams created a neat promotion at Angel Stadium. There’s a giant paint can with the brand name in left-center field. If a player hits a ball into the can, Sherwin Williams will donate $1 million to the Angels Baseball Foundation, the Angels’ charity for kids.

Angels outfielder Justin Upton appeared to trigger that charitable contribution when he hit a solo home run to left-center field against Indians closer Cody Allen on Tuesday night. The ball bounced in front of the can and then went in on a hop.

ESPN reports that Sherwin Williams is using a technicality to try and get out of the obligation. Because Upton’s home run didn’t land in the can on the fly, Sherwin Williams is saying they’re not obliged to make the $1 million donation. In 2014, Frazee Paint and the Angels agreed to the paint can promotion and indeed the press release says, “…if an Angels player hits a home run that lands in the can on the fly, the company will make a $1 million donation to benefit the Foundation’s efforts to improve the lives of children in the community.” Frazee Paint is now owned by Sherwin Williams.

The first lie in the story that helps generate the false headline is, “If a player hits a ball into the can, Sherwin Williams will donate $1 million.” False. As the story itself confirms, the paint company agreed to donate the sum if a player hits a ball into the can on the fly, meaning without hitting the ground first. Also, presumably, this has to occur during a game, and not batting practice. I would assume that a player can’t stand ten feet away between innings and try to hit a ball into the can either. Or use a tennis racket to do it.

The second lie is that Sherwin Williams is using a technicality to try to get out of the obligation. Actually, the second lie is that ESPN reports that Sherwin Williams is using a technicality, because ESPN’s story, unlike NBC, is accurate. It doesn’t use the term “technicality” anywhere. Its headline is also accurate: ” Justin Upton’s homer doesn’t count for $1 million paint can promotion.”

That’s correct. The homer didn’t, and doesn’t. The ESPN story does say that the crowd applauded and cheered when the ball landed in the can, thinking the terms of the promotion had been met. What a surprise: a crowd of fans doesn’t know what’s going on. Sports reporters, however, are paid not only to know what’s going on, but to accurately explain it to the great unwashed.

After three lies, Baer (all right, if the headline is the first lie, then it’s four lies), writes, “indeed the press release says, “…if an Angels player hits a home run that lands in the can on the fly, the company will make a $1 million donation to benefit the Foundation’s efforts to improve the lives of children in the community.” Continue reading

From The “Why We Can’t Trust The News Media” Files: The Megyn Kelly- Alex Jones Interview Fiasco

Here is the sequence of events:

1. Newly minted NBC “star” Megyn Kelly announced that she would be interviewing infamous right wing political troll and conspiracy theorist Alex Jones on a segment of her new show.

Jones is a fringe media figure and a proven liar, but he has been cited positively by President Trump, and has successfully caused some wide-spread comtoversy and offense, such as when he claimed that the Newtown massacre was a hoax. There is nothing wrong with interviewing such figures; indeed, it is important to interview them. provided ethical journalism standards apply.

Unfortunately, as this episode demonstrates, journalists no longer know what those standards are.

2. In order to persuade Jones to agree to the interview, Kelly promised him—Jones had a tape—that he would be treated fairly. Note: when you tell someone they will be treated fairly in order to have him trust you, your definition of “fair” must be his definition of “fair.”  If he is thinking, “Ah! She will be neutral rather than adversarial, and will not be looking for gotchas!,” but she meant, “It’s fair that I fillet you like a trout, you bastard!” then the interview subject has been deceived.

3. The parents of the victims of the Newtown shooting, as well as their sympathizers and allies, protested the interview, as I wrote about here, saying that NBC was giving Jones a platform. Sympathy and grief are not excuses for censorship. The fact that the parents hate Jones suggests that they shouldn’t watch him be interviewed. They should not seek to interfere with my right to see how he presents himself, and companies (like J.P Morgan) that responded to the threatened boycott by pulling their ads told me that they will go as the winds blow, no matter how totalitarian the direction it might be.

Good to know. To hell with them.

4. New York City Mayor Bill de Blasio, speaking of progressives with muddled values,  wanted NBC to pull the segment.. The NBC affiliate in Hartford refused to air the episode because the “wounds of that day that have yet to heal.”

Yes, by all means, journalists should never report news or do stories that might upset anyone.

5. Showing the integrity of a sneak-thief, NBC and Kelly furiously re-cut the interview and added a segment in which some Newtown parents could attack Jones.

6. Before the interview aired, Alex Jones released audiotape showing how egregiously Kelly misled him.

7. The interview aired last night, and reviewers were satisfied that Kelly was “tough enough” with Jones, and signaled with her voice, facial expressions, tone and questions that she thought he was scum. “Short of waterboarding him,” one critic wrote, “I don’t know what more Kelly could have done to expose Jones’ dark methods.”

Ugh.

Ethics Observations: Continue reading

A GOP Candidate Wins A House Seat In Montana Despite Attacking A Reporter The Night Before The Election. What’s Going On Here?

Yesterday, in an Ethics Alarms post pointing out that nobody should vote a person who physically attacks reporters, or indeed, who attacks anybody, into Congress, I wrote,

What kind of person would vote for Gianforte after last night’s display? The kind of person who argues that character doesn’t matter in elected officials, only their positions.

And idiots, of course.

Candidate/Thug Greg Gianforte, the Republican candidate, won the election nonetheless with over 50% of the votes. Rob Quist, the Democrat, received only 44%. Does this mean that over 50% of Montana voters are idiots? No, that wouldn’t be a fair conclusion. An estimated 60% of voters had turned in their ballots already, so the Gianforte voters in that batch weren’t necessarily idiots. (As I implied in the post yesterday, the advocates for voting before election day, thus allowing late-arriving information about the candidates—as in, “Hey! This guy is an unstable, volatile jerk with the judgment of a bar room goon!” to have minimal effect on  election results, have embraced an irresponsible, idiotic even, policy.)

Gianforte’s victory illuminate  other ethics issues, hwoever:

1. Addressing supporters in his victory speech, Gianforte apologized to the reporter he body-slammed, the journalists who witnessed the attack, and Montanans, saying “When you make a mistake you have to own up to it. That’s the Montana way.”

Ugh, yecchh, gag, petui!

If that’s the Montana way, why did Gianforte sit back and allow his campaign to blame the episode on the reporter? Remember, the statement from Gianforte’s staff, which is to say Gianforte,  said that the reporter,

“entered the [campaign] office without permission, aggressively shoved a recorder in Greg’s face, and began asking badgering questions….After asking Jacobs to lower the recorder, Jacobs declined. Greg then attempted to grab the phone that was pushed in his face. Jacobs grabbed Greg’s wrist, and spun away from Greg, pushing them both to the ground. It’s unfortunate that this aggressive behavior from a liberal journalist created this scene at our campaign volunteer BBQ.”

That isn’t owning up. That’s covering up, spinning and lying. Does the new Congressman’s apology mean that he acknowledges that his campaign was lying? When will he own up to that?  An apology now is cheap, cynical and meaningless, for Gianforte won, and Montana is stuck with him for two years.

2. A Montana TV station refused to inform its viewers that Gianforte had assaulted and battered a reporter. NBC affiliate KECI, recently purchased by the conservative media conglomerate Sinclair Broadcasting, adamantly kept the report of the attack and the audio of the incident,  arguing that “The person that tweeted [Jacobs] and was allegedly body slammed is a reporter for a politically biased publication.”  That “biased publication” was the Guardian, and the tweeter was Ben Jacobs, the victim. His account was confirmed by reporters from Fox News…you know, that liberal network that is always trying to make Republicans look bad. The anchor of the evening newscast, Laurel Staples, read a statement that said, in part, “NBC Montana takes pride in reporting only verifiable facts from an independent, reliable sources.”

 NBC News, including the Today show and affiliates across the country, played the audio of the altercation between Jacobs and Gianforte, who was charged with misdemeanor assault, indicating that reports of the episode were reliable. Continue reading

Incompetence Saturday’s Unethical Quote Of The Day: NBC News Reporter Daniel Arkin

“President Donald Trump returned to one of his most derogatory insults Friday, referring to Massachusetts Sen. Elizabeth Warren as “Pocahontas” — a jab at her Native American ancestry.”

—-NBC reporter Daniel Arkin, reporting on the President’s speech to the NRA in Atlanta this week.

Now, you might argue that this is very competent smearing by Arkin, abetted by NBC. But let’s assume, just to be nice, or naive, that Arkin wasn’t intentionally falsely suggesting that the President was engaging in racial denigration of Warren’s ancestry. This would mean that he either has done no research on his subject or that he credulously accepts whatever Democrats say.

Now, I will stipulate that calling the Senator playground-level names is unprofessional, uncivil, obnoxious, un-presidential and an ad hominem attack by President Trump. This is one of his many terrible and apparently unalterable habits. Nevertheless, calling Warren “Pocahontas” is not Trump denigrating her “Native American ancestry,” but rather a reference to Warren’s well-documented false claims of having Native American ancestry, claims that she used to get the benefit of affirmative action when she was seeking a position in academia. Warren has no actual Native American ancestry to mock. What is worthy of mockery—though not by the President of the United States–is her fake assumption of a minority personal to benefit her career at the expense of others.

Arkin misrepresented the facts—Warren can produce no evidence that she is even a smidgen Cherokee, as she maintained for years—either to make the President appear to be racist, or because Arkin is a completely incompetent journalist, influenced by confirmation bias to the detriment of his readers.

Dishonest or incompetent? The result is unethical journalism and fake news either way.

_____________________

Pointer: Instapundit

Update On The Jeff Sessions-Russian Ambassador Fiasco: A Confederacy Of Ethics Dunces

dunces2

Everyone—almost literally everyone— involved in the Jeff Sessions flap has beclowned themselves and revealed that a gerbil running around in a wheel is powering their ethics alarms.

These include such previously noted Ethics Dunces as..

  • Attorney General Jeff Sessions, who couldn’t or wouldn’t answer a simple question clearly….
  • Democrats, who continue to act like spoiled siblings trying anything to make mommie get mad at the one she likes best, embracing conspiracy theories, smearing former colleagues, and generally morphing into walking, talking rectums before America’s eyes, to appeal to their deplorable hard core base made up of people who completed that mutation long ago…
  • Senator Chuck Schumer, displaying a partisan double standard so blindingly, throbbingly obvious than anyone can identify it….
  • Senator Claire McCaskill, engaging in perhaps the best timed hypocrisy and inexplicable amnesia of all time….
  • Deranged Trump-haters, determined to expose their legal ignorance to the world, who proclaimed Sessions guilty of perjury, when he obviously was not…
  • Every reporter, editor and news source who rushed into the trap of declaring that having contact with the Russian ambassador justifies  being “linked’ to Russia, when any dolt should have known that by that formula, anyone in Washington could be “linked” to Russia or be accused of having “Russian ties.”

But wait!

There’s more!

Now we have… Continue reading

KABOOM! Just…KABOOM!

atom-bomb-cloud

Now I think understand why Ann Althouse, an intelligent, rational lawyer and law professor, has begun holding a “Most Loved Rat” contest on her blog to see which of her rat doodles are most popular. I’m less creative, I guess (though I also draw good rat cartoons!)—my head just explodes. It exploded last night.

It’s hard to explain exactly what did it.  Here I was, watching a series of baseball play-off games (since the Red Sox had been eliminated by the Cleveland Indians the day before), and Neil Patrick Harris appeared yet again to tell me that “Heineken Light makes it OK to flip another man’s meat.” (I wrote about the gratuitous vulgarity of this ad here. Apparently this makes me a homophobe.)

Wait…isn’t flipping another man’s meat sexual assault? What is the difference, in lack of respect and sexual assault ethics, between grabbing a woman by the pussy, as Donald Trump so eloquently put it, because you’re a rich celebrity, and flipping another man’s meat because…of beer? 
Continue reading

The Bias And Incompetence Of Media “Fact-Checkers” In One Stupid Tweet

nbc-factcheck

In the last (I wish it were the last) Presidential debate, Donald Trump said that Hillary Clinton should apologize for “the 33,000 e-mails that you deleted, and that you acid washed.” The tweet above was the instant response of NBC’s “fact-checkers.”  No, it’s not a parody.

You see, when Donald Trump uses rhetorical devices like metaphor, hyperbole, irony and anything else that a reasonable and educated person would understand as not being meant literally, the pro-Clinton, pro-Democrat, anti-conservative, anti-Republican, anti-ethical, anti-democracy  journalism “fact-checkers” intentionally treat the statement as if it was meant literally, so they can call Trump a liar, and build on the narrative that he lies even more than Hillary does, so, the reasoning goes, Hillary’s lies don’t matter

That they do this repeatedly and increasingly obviously has the effect of making it impossible for their commentary to be trusted when Trump does lie, which is often. It also raises the question of whether these people are too dumb themselves to provide analysis of anything, and, quite possibly, to dress themselves. Continue reading

Nobody Cares, But NBC Has Been Wildly Unethical In The Trump-Bush Video Affair

nbc-peacock-ap

NBC deserves to be condemned for its conduct in many ways in reference to the Trump Pussy Tape episode, going back eleven years.

1. NBC technicians allowed Trump to continue talking without his realizing that his microphone was on. Unethical, and unprofessional, as well as a pure Golden Rule violation. Basic decency, fairness and professionalism requires that when a guest is doing this, his mistake must be  made known to him at the earliest possible time. This is the rule when someone continues to speak on a conference call believing the call has ended. It is the ethical thing to do  when you are in a bathroom stall and your opponents in a law suit start discussing strategy while they are washing their hands. I have several times, at taped seminars, begun to answer questions during a break and realized that I was still being recorded. Sometimes a technician has reminded me. Worse (but funnier) I have done a full “Naked Gun”, using the Men’s Room while wearing a live mic…and the technician dashed in to get me to turn it off, just in time. (Well, almost.) Allowing a guest to embarrass himself on tape as Trump did is despicable and unprofessional in every way.

2. NBC betrayed its own employee, Billy Bush, by not alerting him, either.  Disloyal, unfair, and uncaring.

3. Once the recording was made, it should have been destroyed as soon as anyone in authority realized the participants were speaking without knowing the mics were on.

4. Attorney Robert Barnes makes a compelling argument that NBC’s conduct violated California Penal Code 632, which criminalizes the act of any person who “without the consent of all parties” records their conversations. Of course, violating the law is also unethical. Trump might  have a just lawsuit, though the damage can’t be undone: the pussy’s out of the bag, so to speak.

5. Bush, as an NBC employee, should have been told about the recording and its contents long, long before it was made public. NBC was obligated to inform him as a basic courtesy. Continue reading

The Olympic Games Are An Ethics Train Wreck, And Have Been For Quite A While

Olympic mascots

The 2016 Rio Games Opening Ceremony was the apotheosis of a rotting tradition that has lost the slightest resemblance to its so-called ideals. The Olympics are a TV spectacle justified by dollars now, using fake and dubious values to obscure the obvious.

Some moments that gave my ethics alarms twinges last night—

  • Political propaganda. It’s sporting event, not a PSA for climate change regulations. Shut up and play. Or perhaps “Shut up and cheat” is more accurate.
  • Speaking of cheating, the ceremony featuring Tom Brady’s Brazilian model wife as a special effect was jarring, but maybe that’s just me.

This was all just yucky frosting on the unethical cake, however. Before the Games began, the continuing corruption of the Games was again approved when the IOC announced that 270 Russian athletes would be allowed to compete despite a major doping scandal last year that indicated that the Russians routinely cheated, and that there was no reason to presume that any Russian athlete wasn’t. Never mind: the desire for ratings—the US vs. Russia!—and/or bribes paved the way.

Meanwhile, the swimmers are competing in raw sewage. Ocean water along Rio de Janeiro’s famed beaches are contaminated with bacteria and viruses, so much so that the World Health Organization  warned athletes participating in open water sports to not swallow water, to cover any open wounds during competition and to wash off immediately after exiting the water. Why is the US subjecting its athletes to this kind of peril? Why are any of the nations?

I don’t watch football players damage their brains while the NFL pays them to do it, and I’m certainly not going to cheer young athletes risking brain eating amoebae so NBC can sell beer for Anheuser Busch.

When did the Olympics start churning my stomach? It may have been when the U.S. started using NBA stars in the basketball competition, and relishing the opportunity to beat amateur Angolan players 154-12. Yecchh. It may have been when I learned how the female gymnasts were kept sprite-like long into their teens by inhibiting their puberty, and how many young gymnasts were sexually molested on their way to Gold.  Or when I listened to some of my scuzzier male friends explain what they liked about watching them…. Continue reading