Sunday Morning Ethics Warm-Up, 8/25/19: The Rotten Standards Edition

I feel like hearing my favorite hymn this morning.

1. How TV makes the public ignorant and unethical. On a 2008 “Law and Order” episode, “Knock Off,” a New York Assistant DA tells a lawyer that since his former client is dead, attorney client privilege no longer applies. “The privilege does not survive the client,” he says, authoritatively. This is exactly 180 degrees wrong. Privilege and client confidences do survive clients; lawyers are bound by them forever, with some rare exceptions.

The show had legal advisors.  There is no excuse for this. What were Law and Order’s standards? Would it deliberately misstate law and regulations just to accommodate the plot? Apparently so.

2. According to the New York Times, we’ve been mistaken. People don’t kill people, Guns kill people, apparently all by themselves. One of the infinite ways news organizations practice unethical and biased journalism is by falsely framing facts and issues to encourage a particular public perception. The “paper of record” just went for a new record in this event with a piece titled “One Handgun, 9 Murders: How American Firearms Cause Carnage Abroad.”Incredibly, the article personifies a gun:

She came to Jamaica from the United States about four years ago, sneaking in illegally, stowed away to avoid detection. Within a few short years, she became one of the nation’s most-wanted assassins. She preyed on the parish of Clarendon, carrying out nine confirmed kills, including a double homicide outside a bar, the killing of a father at a wake and the murder of a single mother of three. Her violence was indiscriminate: She shot and nearly killed a 14-year-old girl getting ready for church.

With few clues to identify her, the police named her Briana. They knew only her country of origin — the United States — where she had been virtually untraceable since 1991. She was a phantom, the eighth-most-wanted killer on an island with no shortage of murder, suffering one of the highest homicide rates in the world. And she was only one of thousands.

Briana, serial number 245PN70462, was a 9-millimeter Browning handgun.

The thrust of the rest of the article is that the terrible murder rate in Jamaica and other third-world counties is the fault of the U.S. for guaranteeing its citizens gun rights, and not the corruption, weak government, poverty and rotten cultures, not to mention the killers they produce, in those nations themselves. “Law enforcement officials, politicians and even gangsters on the street agree: It’s the abundance of guns, typically from the United States, that makes the country so deadly,” the article says. “And while the argument over gun control plays on a continual loop in the United States, Jamaicans say they are dying because of it — at a rate that is nine times the global average.”

That’s right: all those murderous Jamaicans would become as harmless as lambs if the United States would just get with the program.

This isn’t news reporting, it’s anti-gun propaganda. Continue reading

Morning Ethics Warm-Up: The “I Should Be At The Beach” Edition…

Good Morning!

Is everyone vacationing this week but me? I can detect such things from blog traffic—this week has been sparse. Unfortunately this is the legal ethics CLE busy season, so I have been furious preparing materials for three new three-hour programs: “The Legal Ethics Mine Field,” “Legal Ethics Squeeze,” and a new musical ethics seminar for the New Jersey Bar Association, “Ethics Blues,” with the talented Esther Covington. It features legal issues-stuffed parodies of such songs as “Copacabana,” “Sweet Caroline,” “Piano Man,” “You Made Me Love You,” “Isn’t It Romantic” and “Let it Be,” among others. I’ve been writing parody song lyrics since I was 9, and much as I enjoy it, it is mentally exhausting in a way nothing else is.

1.  The anti-Trump news media is all a twitter because former GOP Congressman Joe Walsh might challenge President Trump for the nomination. Joe Walsh!  He’s the only member of Congress ever designated a fick by Ethics Alarms, in this post, about how Walsh, a Tea Party fiscal responsibility hawk who once lectured Barack Obama about how he was placing a burden on the backs of Walsh’s children, owed  $117,437 in unpaid child support to his ex-wife and those already burdened, kids, three of them. For this and other transgressions he was defeated for re-election, and Joe’s now a talk show host, presumably with the same audience that took guidance from former radio bloviators Ollie North and Gordon Liddy.

2. On the innocent until proven guilty front…there has been a spate of defamation lawsuits lately in which priests accused of sexually molesting boys accuse the Catholic Church of ruining their reputations based on publicizing unsubstantiated accusations of pederasty.

A Fresno, California priest,  Craig Harrison, who is facing multiple allegations of sexual abuse, is suing an established  Catholic watchdog group Roman Catholic Faithful (RCF). seeking “unlimited” damages as a result of RCF President Stephen Brady’s “appearance at a press conference in Bakersfield” that addressed “allegations of sexual misconduct” made against Harrison. The lawsuit and summons were filed this month after the Bakersfield Police Department (BPD) concluded an investigation that it said  exonerated Harrison. Brady says that the lawsuit may be intended to discourage other ongoing RCF investigations. Continue reading

Morning Ethics Warm-Up, 8/20/2019: Fake History, Fake Photo, Fake Assassination, Fake Native American

A dramatic good morning to all.

1. Let’s see which news media outlets report this. Because, you know, the President is the one encouraging violence…State senator Martin Sandoval, who represents Illinois’ 11th District, had a  fundraising event last week that included a mock assassination of  President Trump for the enjoyment and edification of Sandoval’s supporters. Photos posted by a woman at the event show someone pointing a fake machine gun at a man wearing a Trump mask. “Trump” is acting as if he has been shot, grabbing his chest and leaning back. In another photo, Sandoval can be seen standing next to the person holding the gun.

Thus busted, and under fire from officials of his own party, Sandoval released a statement over the weekend apologizing for the incident, which he called “unacceptable.” “I don’t condone violence toward the President or anyone else,” Sandoval said. “I apologize that something like this happened at my event.”

Oddly, he didn’t take any action indicating those sentiments at the event.

2. Now THIS is police misconduct! Wow. Portland police suspected Tyrone Lamont Allen of robbing four banks and credit unions. Yet none of the tellers noticed Allen’s  facial tattoos, and he was not wearing a mask. To address that problem, the police photoshopped out the tattoos on Allen’s face before including his picture in a photo line up.

Then the witnesses identified Allen. Continue reading

The New York Times Reveals That It Will Move On From Its Three-Year “Trump Stole The Presidency By Colluding With Russia” Strategy For Undermining Him To A “Trump And Republicans Are Racists” Strategy For Defeating Him In 2020

How else can we interpret the opening statement by Times editor Dean Baquet in a recent staff meeting? Someone surreptitiously recorded the 75 minute question and answer session and leaked it to Slate, which put it all online. It begins with this (emphasis mine):

Dean Baquet: If we’re really going to be a transparent newsroom that debates these issues among ourselves and not on Twitter, I figured I should talk to the whole newsroom, and hear from the whole newsroom. We had a couple of significant missteps, and I know you’re concerned about them, and I am, too. But there’s something larger at play here. This is a really hard story, newsrooms haven’t confronted one like this since the 1960s. It got trickier after [inaudible] … went from being a story about whether the Trump campaign had colluded with Russia and obstruction of justice to being a more head-on story about the president’s character. We built our newsroom to cover one story, and we did it truly well. Now we have to regroup, and shift resources and emphasis to take on a different story. I’d love your help with that. As Audra Burch said when I talked to her this weekend, this one is a story about what it means to be an American in 2019. It is a story that requires deep investigation into people who peddle hatred, but it is also a story that requires imaginative use of all our muscles to write about race and class in a deeper way than we have in years. In the coming weeks, we’ll be assigning some new people to politics who can offer different ways of looking at the world. We’ll also ask reporters to write more deeply about the country, race, and other divisions. I really want your help in navigating this story.

But I also want to [inaudible] this as a forum to say something about who we are and what we stand for. We are an independent news organization, one of the few remaining. And that means there will be stories and journalism of all kinds that will upset our readers and even some of you. I’m not talking about true errors. In those cases, we should listen, own up to them, admit them, show some humility—but not wallow in them—and move on. What I’m saying is that our readers and some of our staff cheer us when we take on Donald Trump, but they jeer at us when we take on Joe Biden. They sometimes want us to pretend that he was not elected president, but he was elected president. And our job is to figure out why, and how, and to hold the administration to account. If you’re independent, that’s what you do. The same newspaper that this week will publish the 1619 Project, the most ambitious examination of the legacy of slavery ever undertaken in [inaudible] newspaper, to try to understand the forces that led to the election of Donald Trump. And that means trying to understand the segment of America that probably does not read us. The same newspaper that can publish a major story on Fox News, and how some of its commentators purvey anti-immigrant conspiracies, also has to talk to people who think immigration may cost them jobs and who oppose abortion on religious grounds. Being independent also means not editing the New York Times for Twitter, which can be unforgiving and toxic. And actually, as Amanda Cox reminds me, doesn’t really represent the left or the right. [inaudible] who care deeply about the Times and who want us to do better, we should listen to those people. But it is also filled with people who flat out don’t like us or who, as Jack Shafer put it, want us to be something we are not going to be.

The transcript is long, and while I recommend reading the whole thing,  not everyone has sock drawers they can neglect. The unavoidable take-away is that the Times and its staff, mirroring the American Left of which it is bulwark, is obsessed with race as well enamored of the tactical advantages race-baiting it confers in the ideological struggle for control over the levers of government power.

Later, there is this revealing exchange: Continue reading

Assorted Ethics Thoughts In The Throes Of Insomnia, 8/17/2019: The Foot-In-Mouth Edition

Started as a Morning Warm-Up, then it was a Mid-Day Update, then a Late Night something or other.

1. From the “Steve King is an idiot” files: Rep. Steve King, a Republican from Iowa whose avocation is sticking his foot in his mouth, told the Westside Conservative Club in Urbandale, Iowa that the unborn who result from rape are no less lives that other fetuses, and should not be subject to any “exception” to principled exception to abortion. “It’s not the baby’s fault,” he said.

So far, so good: King is right. Then he had to go and say this:

“What if we went back through all the family trees and just pulled those people out that were products of rape or incest? Would there be any population of the world left if we did that? Considering all the wars and all the rapes and pillages that’s taken place, and whatever happened to culture after society, I know that I can’t certify that I’m not a product of that. And I’d like to think every one of the lives of us are as precious as any other life.”

So when you really think about it, rape and incest are a good things, right, Steve?

That’s certainly how Democrats and progressives took his comments, and to be fair, his infuriatingly ham-handed rhetoric made it easy.  The position that unborn children are just as deserving of life regardless of how they were conceived is a powerful and greatly misunderstood ethical argument. It is not necessary to rationalize rape to make it; in fact, King’s dumb argument just muddles the issue. It’s also bad history and anthropology.

NBC has an article up claiming that King’s words show the “misogyny” at the heart of white supremacy. No, they just show that King is a moron, and we already knew that.

2. Nice. Here’s the title of a Gail Collins op-ed in yesterday’s Times: “How to torture Trump.” Continue reading

Dinnertime Ethics Appetizer, 8/7/19: Spinning, Tweeting and Joking…[CORRECTED]

…and whatever THIS is…

The jaw-dropping video above has nothing to do with ethics, but after stumbling across this weird and wonderful act late, late last night in a 1944 B-movie musical revue called “Broadway Rhythm,” I’ve decided that the Ross Sisters need to be rescued from obscurity. We will never see the likes of this again. You decide whether that’s a good thing or not….

1. It’s nice to see the Times confessing that it’s a partisan hack news source, don’t you  think? When I posted about the unethical Times headline yesterday (“ASSAILING HATE, BUT NOT GUNS”),  I had no idea that a controversy had already erupted over the previous and subsequently removed headline in an earlier edition (“TRUMP URGES UNITY VS. RACISM”), which was attacked as being not negative enough about the President, or that the Times had replaced it in response to an outcry from its main audience, Democrats and Trump-haters.

How can the Times or its defenders pretend to claim that the paper has any integrity at all after such a craven and obviously biased performance?

In a Bizarro World spin job, the Times editor actually described the fiasco this way: “People think we are an important and necessary institution and they hold us to a high standard.”

Oh.

A “high standard” by a news organization is embodied by switching from an objective statement of facts to a partisan and biased one, after anti-Trump readers object! Good is bad, right is wrong, objective reporting is a mistake, the New York Times is the epitome of American journalism.

Nah, there’s no mainstream news media bias!

2. It’s official: nobody knows what racism means any more. Comic Chris Rock concocted a gag meme for Instagram:

Get it? “Betty White” as in “Bet he white!” Ok, it may not be not Oscar Wilde, but it’s clever enough for Instagram. Yet Rock was attacked for being “racist,” not counting the critics who thought he was wishing for the beloved comic actress to be mowed down in a hail of bullets. (Social media is good for causing the idiots among us to self-identify.)

There is nothing racist about the meme. Nothing. NOTHING. Rock’s meme is not suggesting that one race is inferior to another. He is stating a fact—a couple, in fact. The vast, vast majority of mass shooters (and serial killers) are white males. Not all of them, but almost all, which is what make is a bet, and a wise one. The other fact is that when educated, informed people hear about such shootings as we had last week, they assume that either the shooter is a Muslim terrorist, or a crazy white dude.

“If a white person posted this about black people their career would be over but when it’s the other way around nobody gives two shits,” read one social media commenter. “You can’t fight racism with racism, you’re just contributing to the problem. Sad a 17-year-old kid has to say this.”

Yup, it’s sad our 17-year-olds lack the abilities of critical thought and analogy. Rock’s meme wasn’t trying to fight racism, and merely mentioning race doesn’t make observations racist. If a white person posted this about black people, it would be immediately recognized as nonsense. Nobody, even white racists, think that blacks are typical mass shooters.

I’m praying that Rock, who has thus far been adamant about refusing to buckle to political correctness and social media mobs, continues to have the integrity not to apologize.

PLEASE, Chris. You’re my only hope. Continue reading

Morning Ethics Warm-Up, 8/6/2019: Unethical Journalism, Free Press, “Gotchas!,” And Shut Up…

Good morning…

1. Now here’s a nice, professional, objective headline from the Times: ASSAILING HATE, BUT NOT GUNS.

Inexcusable. Several journalists have been arguing of late that it’s time for news organizations to openly and vigorously take a position on guns, and I bet you can guess which position that would be. (Of course, they have been taking that position for some time now, just denying it, like Brian Stelter denied that CNN’s coverage of the Mueller inquiry was slanted.) Have you been fooled?

The Times headline makes an assumption that is purely emotional rather than factual. There is nothing innately hateful about guns. “ASSAILING HATE, BUT NOT SPEECH”  would be an equivalent headline. “ASSAILING OBESITY, BUT NOT MASHED POTATOES”  is only slightly more idiotic.

Nah, there’s no mainstream media bias.

2. Speaking of unethical journalism…I was struck by a letter fromone of the knee-jerk liberals who frequent the pages of the New York Times Book Review supplement, which is always full of propaganda where it doesn’t belong (it is amazing how their guest reviewers can work in cheap shots at President Trump and the attendant Big Lies no matter what a book is about). Ellen Creane (she’s a community college English professor) wrote, “…Britain ultimately had to call on America’s democracy to save the island and indeed all of Europe. Who will America call on to save it from the current attacks on our free media? We must do this ourselves, strongly and now.”

Have you noticed the creeping trope that to criticize how our current journalists abuse freedom of the press is to threaten freedom of the press? I’m not sure if people believe this, thanks to thorough bombardment by the media itself (How dare you tell us how to do our job? Censorship!), or if the argument is just another intentional effort to protect an ally, and an unethical one, of the progressive culture wars. Continue reading

Here’s A Useful Article If You Want To Try To Explain To The Environmental Hysteric In Your Life Why The Current Heat Wave Does NOT Prove Anything About Climate Change

 

Not that they’ll listen, of course.

Over at Reason, Ronald Bailey has a nicely balanced, fair and calm piece explaining why The New York Times’ recent “Heat Waves in the Age of Climate Change: Longer, More Frequent and More Dangerous” is not exactly true, like much climate change advocacy.

It begins,

As evidence, the Times cites the U.S. Global Change Research Program, reporting that “since the 1960s the average number of heat waves—defined as two or more consecutive days where daily lows exceeded historical July and August temperatures—in 50 major American cities has tripled.” That is indeed what the numbers show. But it seems odd to highlight the trend in daily low temperatures rather than daily high temperatures.

As it happens, chapter six of 2017’s Fourth National Climate Assessmentreports that heat waves measured as high daily temperatures are becoming less common in the contiguous U.S., not more frequent.

What is so consistently infuriating in almost all mainstream media discussions of climate change is that they intentionally understate the continuing uncertainty in representing scientific estimates and extrapolations as unchallengable  conclusions. “The panel’s latest report notes that there is “medium confidence” that “the length and frequency of warm spells, including heat waves, has increased since the middle of the 20th century” around the world,” the Reason article explains.  “Medium confidence means there is about a 50 percent chance of the finding being correct.” Continue reading

KABOOM! A New York Times Front Page Story Suggests Ethics Is Dead, Logic Is Dead, And That I’m Wasting My Life…

July 7th’s front page story in the New York Times not only made my head explode, it has me considering whether to chuck it all and become a bottle cap collector or something else more useful than trying to promote ethics awareness in a society where its most respected newspaper publishes something like this. Or maybe I should just give up entirely and flush myself down the commode.

The headline online is  “When ‘Black Lives Matter’ Is Invoked in the Abortion Debate.”  It just as well might have been: “TWSXQ@$#7mm.”

I’ll just post and comment on some of the gems in the piece, then you read the whole  thing and meet me at the top of the ROLAIDS tower in Baltimore and we’ll jump together, holding hands and singing the Pina Colada Song.

  • “As a pastor, Clinton Stancil counsels his black congregants that abortion is akin to the taking of innocent life. But as a civil rights activist, Mr. Stancil urges them to understand the social forces that prompt black women to have abortions at disproportionately high rates.”

If the good pastor believes that abortion is the taking of innocent life, the “social forces” don’t excuse the act at all. This is like saying that we should “understand” what makes serial killers kill. Murder—taking of innocent life–is an absolute wrong; nothing can excuse it. This is equivocation.

  • “But to many African-Americans like Mr. Stancil, who is the pastor of Wayman A.M.E. Church in St. Louis, abortion cannot be debated without considering the quality of urban schools. Or the disproportionately high unemployment rate in black communities. Or the significant racial disparities in health care.”

Then many urban schools are graduating African-Americans like Pastor Stancil who have the reasoning ability of household appliances and believe that taking innocent lives can be justified or rationalized by irrelevant matters. Continue reading

Comment Of The Day: “Unethical Times Op-ed Of The Week?”

Timothy Egan’s spectacularly dishonest op-ed for the Times, The Founders Would Gag at Today’s Republicans: The cult of Trump has embraced values and beliefs that Jefferson, Washington and Lincoln abhorred,” was one more conservative- and Trump-bashing exercise disguised as a history lesson, albeit for Americans who know little about history and foolishly assume that they can trust pundits like Egan to enlighten them. Of course, all such exercises in time-traveling appeals to authority are inherently dishonest. 18th century minds, even those as sharp and creative as the Founders possessed, would go into shock at most of what they saw today if somehow provided the opportunity, and would take a while to understand why things have evolved as they have.

Frequent commenter JutGory sat down and treated Ethics Alarms readers with an analysis of developments the Founders would have had trouble with without indulging in the sort of cherry-picking and distortion Egan did to pander to the Times’ progressive readership. The result of what Jut called his “retro-prognostications” is a genuinely educational post, and a distinguished Comment of the Day.

Here it is:

If we are doing retro-prognostications, I bet I could do better:

Disclaimer: the Founders would probably be a bit mystified at the technological advances in general.

They would not be surprised by the abolition of slavery. They would be half-surprised that it took a war to do it (“We put in an amendment process for pretty much this reason, people!”)

They would probably be surprised at how much power the Supreme Court (the weakest branch) wields. Of course it only wields that much power because the other branches have gotten more powerful. To wit:

They would be surprised by the 16th Amendment (income tax), as it is a direct tax of the individual by the Federal Government, but okay (“Yay, Amendment process).

Of course, money is power, so, with more tax money comes more power.

They would be completely baffled by the 17th Amendment (direct election of Senators). That opens the Senate up to national influences, instead of influence from a small group of state legislators. That was kind of the whole point of the Senate: to represent the States, not its citizens.

But, you can’t pass a farm subsidy bill if Senators answer to their legislatures.

Can’t get universal healthcare if Senators stand in the way.

But, you change the Senate selection process, you get popular candidates, supported by national appeal and no specific understanding of the needs of the State (Hello, Al Franken!)

The power grab of the Commerce Clause would puzzle them. Continue reading