open letters

Facebook Users Are Actually Posting This. It Shows Scrambled Ethics Alarms.

/ Jack Marshall / 36 Comments

A Facebook friend really and truly posted this and encouraged people to pass it along.

He apparently thinks it’s reasonable and profound. In fact, the message is obnoxious and unethical.

  • It’s a lie. It doesn’t speak for employees of those stores.  It certainly doesn’t speak for all of them, as it claims. I wouldn’t be surprised if it wasn’t even written by an employee of any of those stores.
  • So someone is posting messages on behalf of people who didn’t consent to it, and sending offensive messages to their employers’ customers. Nice. And my Facebook friend, who once had a functioning mind, thinks this is praise-worthy.
  • If I received one of these from the management of a store I patronized, that store would never get my business again. If I was the management of one of these stores and learned that one or more of my employees were involved in circulating such a message, I would terminate those employees  for cause.
  • This is what happens when the chic thing to do is to call anyone doing their jobs “heroes.”  I appreciate workers in grocery stores and other businesses, but then I always do.  For example, I talk to them, thank them, and don’t do business with them while talking on my cell phone. I tip them frequently and generously, like I did the guy who was spraying disinfectant on grocery cart handles yesterday. I do not and will not appreciate any employees behaving like I am beholden to them because I bring business to their stores that allows those stores to keep them employed. Continue reading →

On The Recent Steele Dossier Revelations: An Open Letter To An Un-Named Former Ethics Alarms Commenter, Written In Disappointment And Disgust

/ Jack Marshall / 100 Comments

Dear You Know Who You Are,

As you remember, well over a year ago you staged a grandstanding, insulting exit from participation on this blog, declaring that I had “drunk the Kool-Aid.”  Your false claim was provoked because I had successfully navigated through  lies, calculated disinformation and lawbreaking—engineered by those within and without the U.S. government—to conclude that a coordinated effort had been and was underway to overthrow the elected President of the United States. At this point, the fact that your accusation was based on your own blindness and bias is not subject to rational denial or debate.

I knew that at the time, of course. I also felt, and feel, that for you to behave that way, in public, here, was a personal as well as a professional betrayal. We had, I thought, a cordial and mutually respectful relationship. We had exchanged details about the high and low points of our lives face to face.  We are in the same field and profession. I trusted you.

I have provided you some slack in my ultimate judgment on your character because I know that, as we say here often, bias makes us stupid, even the best of us. I have seen this particular bias make many people, even some smarter than you, as difficult as it may be for you to conceive of that, both stupid and  destructive, apparently without a glimmer of self-realization. I recognize that it the phenomenon is, at this point, indistinguishable from an illness, one triggered by emotion and group-think. Thus I am, up to a point, sympathetic, just as I am regarding so many of my Facebook friends who figuratively make asses of themselves every single day  because they are addicted to “likes” and peer approval. Some of them are even lawyers, but you know…lawyers. That is a professional group, along with historians, politicians, historians, scholars, psychiatrist, educators and, of course, journalists, that has broken its duty of trust with the public as it joined a dangerous and unconscionable effort to break our democracy. Continue reading →

Ethics Quote Of The Month: The French Anti-#MeToo Letter

/ Jack Marshall / 13 Comments

This translated open letter received a lot of publicity last week, in part because the famous French actress Catherine Deneuve signed it (that’s her, above, with Harvey Weinstein) , along with writer/psychoanalyst Sarah Chiche,  author/art critic Catherine Millet, actress/writer Catherine Robbe-Grillet, journalist  Peggy Sastre (author/journalist) and writer/journalist Abnousse Shalmani. It was signed by over a hundred other women.

The entire letter is important, and should be read by anyone interested in this issue—and everyone should be interested. All of the letter is ethically dead on, except one crucial element: workplace harassment is not trivial, as the letter mistakenly suggests. The letter states near the beginning:

“This summary justice has already had its victims: men who’ve been disciplined in the workplace, forced to resign, and so on., when their only crime was to touch a woman’s knee, try to steal a kiss, talk about “intimate” things during a work meal, or send sexually-charged messages to women who did not return their interest.”

The French just do not get this. I have seen it, fought it, and trained companies about it: supervisors using the workplace as a dating bar harms women, even when the particular target is receptive. It is a crucial component of the glass ceiling and fuels sexual discrimination, every one of those behaviors mentioned above can create a hostile workplace. Men who engage in such conduct, if the conduct can be proven, should be disciplined, as a matter of policy and ethics.

The rest of the letter is excellent.

Rape is a crime. But trying to pick up someone, however persistently or clumsily, is not — nor is gallantry an attack of machismo.

The Harvey Weinstein scandal sparked a legitimate awakening about the sexual violence that women are subjected to, particularly in their professional lives, where some men abuse their power. This was necessary. But what was supposed to liberate voices has now been turned on its head: We are being told what is proper to say and what we must stay silent about — and the women who refuse to fall into line are considered traitors, accomplices!

Just like in the good old witch-hunt days, what we are once again witnessing here is puritanism in the name of a so-called greater good, claiming to promote the liberation and protection of women, only to enslave them to a status of eternal victim and reduce them to the defenseless prey of male chauvinist demons.

Ratting out and calling out Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up, 12/31/2017: The Too Many Year Ending Ethics Issues To Handle In One Day Edition”

/ Jack Marshall / 20 Comments

JP’s Comment of the Day actually was sent in today, and so, despite the injustice of allowing him to jump in line (for there still are Comments of the Day from the Holiday Challenge of two days ago awaiting their honors), I’ve decided that this one should be published in close proximity to its target, which was #1 in today’s Warm-up, about Frank Bruni’s column,  “Higher Ed’s Low Moment, in the Times today. You should read Bruni’s column first to be fair to fine JP’s work, which is in the form of an open letter.

Here is JP’s epic Comment of the Day on the post,Morning Ethics Warm-Up, 12/31/2017: The Too Many Year Ending Ethics Issues To Handle In One Day Edition: 

Dear Mr. Bruni,

Thank you for that colorful article you posted in the NYT. As a college graduate from two universities (almost three), I can appreciate what you said regarding higher learning and its importance on the future of Americans (and in general the world). You see, I agree there is a lot that college has to teach us. Higher education should be focused, involve critical thinking, and provide much-needed life skills that are just not acquired at the at the high school level. While these could have been excellent points when defending the role of colleges and universities, you chose to skip right over them altogether. Instead, you chose to write about how people are wrong to not trust the system with not so subtle attacks on Trump, the Republicans, and the recent tax law.

I will give you some credit. You were able to point out some reasons why some of that trust is not there. You wrote, “I also hear more college presidents talking with more concern about their campuses’ images as enclaves of a distinctly illiberal liberalism. Especially ugly episodes this year at Middlebury College and The Evergreen State College fed that impression and, I think, increased many presidents’ resolve to do something about it.”

You also pay due attention to the much-noted lack of political diversity on campuses. However, it is clear from your article you believe these examples to be trivial based on your piece’s lack of focus, language used, and quick transitions.

With that in mind, let me ask you a question, Mr. Bruni:

Have you been hiding under a rock these last 10 years, or are you just so hidden in your elitist tower you can’t see Rome burning around you?

There are many good reasons that the public doesn’t trust college campus anymore. Follow me a little bit as I explore reasons.

The Teachers.

Just this past year alone we have witnessed a number of statements made by the professionals whose job it is to shape the minds of these students. These are the people who direct them, but with statements like the following, it is a wonder we haven’t had more students following the actual advice made by them (perhaps I don’t give these students enough credit on their critical thinking skills).

  • One professor at Montclair State University wished someone would shoot President Trump outright. He was later let go.
  • Another professor at Austin Community College said it was ok with him if Betsy DeVos was sexually assaulted. He later quit.
  • A University of Tampa Professor said Hurricane Harvey was “Instant Karma” for Texas because it was a red state. Nevermind that Houston, the heaviest area affected voted Democrat (moral luck) during the previous election, this professor had to get his two cents in. He was fired as well.
  • A Drexel professor said the shooting in Vegas this past year is what happens when white people don’t get what they want. His last day is officially today.

What is notable here is 70% of the staff tried to get his full reinstatement. This is somewhat bewildering because the professor is no stranger to racist tweets. writing last Christmas that the white genocide during the Haitian Revolution was a good thing. But of course if you here him, this was just a joke.

There are many more; this last is just icing on the cake:  A professor at California State University tweeted that Trump must be hanged. He later tweeted that “Justice = The execution of two Republicans for each deported immigrant.” This isn’t even retribution theology, it is just advocating for murder. He will be teaching again in the spring. Continue reading →

Weeping And Screaming At The Sky: Dear Democrats, Progressives, And “The Resistance,” Are You Embarrassed Yet? Why Not?

/ Jack Marshall / 66 Comments

The emerging strategy of the traumatized and indignant Left since the debacle of last November 8 has been, it seems, to try to cause President Trump to snap, so he would do something that unequivocally justifies removing him from office. Actively trying to drive your elected leader nuts is border-line treasonous, of course, so this strategy is unethical, but never mind: so far, it’s not working. Instead, President Trump’s foes are the ones snapping like dry twigs in the woods. The spectacle is unprecedented in U.S. history, and should be so embarrassing to the un-snapped members of the President’s opposition that it is disturbing that they are not yet  wearing bags over their heads and thinking about witness protection.

The anti-Trump forces could justifiably be ashamed to be associated with all the academics who have thoroughly beclowned themselves, like Harvard’s deluded Larry Lessig, and the long-snapped government ethics specialist Richard Painter, who is back to peddling a false theory of how the 25th Amendment works in order to bootstrap an impossible plan to remove Trump. Then there is the risible  $10,000,000 ad campaign by frustrated billionaire Democratic donor Tom Steyer, calling for Trump’s impeachment without being able to articulate a single basis that would pass logical, legal or Constitutional muster. Maxine Waters is going full demagogue (you never go full demagogue) in her own obstinately ignorant proclamations that an elected President can and should be removed because the Congressional Black Caucus disapproves of his tweets, while the official leadership of her party—which, incredibly, just added disgraced cheat Donna Brazile to its ranks, signalling it vales and priorities— opposes the most uncivil and boorish of Chief Executives by routinely seasoning their own diatribes with words like “shit” and “fuck.” Meanwhile, the defeated Democratic standard bearer in 2016, Hillary Clinton, is on a tone-deaf “blame everybody” tour while multiple scandals surrounding her own campaign revive and emerge, as she establishes herself as the least graceful, whiniest, worst loser in American Presidential annals by approximately ten laps.

All of this and more is certainly bag-worthy, but compared to developments this week, they are badges of honor. Behold: Continue reading →

The West Point Communist, How Cultures Rot, And The Whistleblower’s Letter…

/ Jack Marshall / 23 Comments

West Point graduate and infantry officer Spenser Rapone recently caused a sensation through his advocacy and support of communism, while being an “official socialist organizer” of the Democratic Socialists of America (DSA). Rapone recently posted a photo of himself as part of a declaration of support for professional football player Colin Kaepernick, including the phrase “Communism will win” with the tag “Veterans for Kaepernick.”  Rapone later posted a second photo of himself in uniform with a Che Guevara T-shirt underneath his jacket.That led to scrutiny of the hundreds of pro-Communist tweets by the former cadet, including one  calling Defense Secretary James Mattis “evil” and “vile” and another saying he will “happily dance” on the grave of Sen. John McCain.

This was not extensively covered by the mainstream media—After all, what’s the matter with Communists, as long as they don’t help Donald Trump?—though some attention was paid when Senator Rubio demanded that the Army remove Rapone. The Army said last week is it investigating and that the posts “in no way reflect the values of the U.S. Military Academy or the U.S. Army.”

I sure hope not!

Now the military community and others are asking how this is possible, and how West Point could produce a  graduate like Rapone.  In response to the episode, retired LTC Robert M. Heffington has written an open letter about what he sees as the deterioration of the culture at the storied military academy. Heffington was an assistant professor at West Point for several years, until this past August.

Note, please…

I. This is how one blows a whistle.

II.  Heffington describes how cultures rot: inattention,  poor leadership, refusal to apply standards, corruption from political agendas, silence from within.

III. Desperate and politically driven efforts to achieve diversity at the expense of integrity and quality are a major factor.

IV. West Point is a part of the higher education community. It would be surprising if it were immune from the same deterioration that the rest of America’s colleges and universities are suffering from. Thus this passage…

“…an entire semester of military history was recently deleted from the curriculum (at West Point!). In all courses, the bar has been lowered to the point where it is irrelevant. If a cadet fails a course, the instructor is blamed, so instructors are incentivized to pass everyone. Additionally, instead of responding to cadet failure with an insistence that cadets rise to the challenge and meet the standard, the bar for passing the course itself is simply lowered. This pattern is widespread and pervades every academic department.”

V. Before I read the letter, I guessed that it would have a passage like this one, and sure enough:

“The plebe American History course has been revamped to focus completely on race and on the narrative that America is founded solely on a history of racial oppression. Cadets derisively call it the “I Hate America Course.” Simultaneously, the plebe International History course now focuses on gender to the exclusion of many other important themes.”

VI. Repairing a broken culture is a long and difficult process. It involves…

Exposure

Acknowledgement

Intervention

Investigation

Transparency

Resolve

Punishment

Dedication to standards and values

Measurable goals

New leadership

Oversight

Refusal to compromise

Routine Assessment of progress

 Robert M. Heffington is an Ethics Hero. Here is his remarkable and remarkably disturbing letter: Continue reading →

Morning Ethics Warm-Up, 9/29/2017: A Rude Librarian, Another Incoherent Knee, I Need To Start Listening To My Own Lectures, And Did YOU Know That “Green Eggs And Ham” Was Racist?

/ Jack Marshall / 79 Comments

Good Morning!

1 In the middle of yesterday’s continuing legal education seminar on technology and legal ethics, I was telling the attendees about the dangers of all things Google. As I was explaining why lawyers should never, never do legal business on a gmail account, I added that they also have an obligation to tell their clients that there is not a sufficient expectation of privacy when they use gmail to communicate with their attorney. Then I literally froze and stared into space.

“I just realized that one of my recent consulting clients, a lawyer, has been sending all of his communications and documents to me using gmail,” I said. I had noticed it, but it still didn’t trigger the response that I have been teaching to others for at least three years.

As a wise man once said, “D’oh!”

2. In the “I can keep it up as long as they can” category: There is now a viral photo of some idiot taking a kneel  during Taps at the Tomb of the Unknown Soldier.

Continue reading →

Ethics Quiz: Martina Navratilova’s “Open Letter”

/ Jack Marshall / 21 Comments

Court the tennis icon (right); Court the anti-gay rights advocate (left)

Martina Navratilova, the 18-time tennis Grand Slam champion, wrote an “open letter”  to the Margaret Court Arena at Melbourne Park (Do arenas read letters? I did not know that!) as the Australian Open, always played there, looms in January. Navratilova, a feminist and gay rights activists, argued for removing Court’s name from the venue, despite her undeniable status as a ground-breaking female tennis star, because of Court’s recent statements  hostile to gay marriage, lesbians, and the transgendered.

In the letter, which is as diplomatic and mild as such a letter could possibly be (and Martina has always been an excellent writer), Navratilova says that her position is not based on Court’s “headline-grabbing comments in 1990 when she said I was a bad role model because I was a lesbian.” However, Navratilova focused on Court’s “statements she made in the ’70s about apartheid in South Africa,” in which she opined that ” South Africa dealt with the “situation” (meaning people of colour) much better than anywhere else in the world, particularly the US,”  and, more recently, her anti-gay, anti-trans positions. The 74-year-old  Court had said she would boycott Qantas airline “where possible” in response to its support of same-sex marriage, saying, “I believe in marriage as a union between a man and a woman as stated in the Bible.” This week, interviewed on  a Christian radio station, Court said “tennis is full of lesbians” and that older players lure younger ones into gay sex. Court also said that transgender children are the work of “the devil.”

Concludes Martina’s open letter to the arena:

It is now clear exactly who Court is: an amazing tennis player, and a racist and a homophobe. Her vitriol is not just an opinion. She is actively trying to keep LGBT people from getting equal rights (note to Court: we are human beings, too). She is demonising trans kids and trans adults everywhere….How much blood will be on Margaret’s hands because kids will continue to get beaten for being different? This is not OK. Too many will die by suicide because of this kind of intolerance, this kind of bashing and yes, this kind of bullying. This is not OK.

We celebrate free speech, but that doesn’t mean it is free of consequences – not punishment, but consequences. We should not be celebrating this kind of behaviour, this kind of philosophy. The platform people like Margaret Court use needs to be made smaller, not bigger.

Which is why I think it’s time to change your name.

This is as well-argued a case for one side of the issue as anyone could make.

Here’s the other side: Margaret Court’s name was placed on the arena because she was a great tennis player and a pioneer in her sport, not to honor her political and social views. She still was a great tennis player. That hasn’t changed.

Your Ethics Alarms Ethics Quiz of the Day:

Do Margaret Court’s political views and anti-LGTBQ statements create an ethical obligation to remove her name from Margaret Court Arena?

Continue reading →

Monica Fails Another Accountability Test

/ Jack Marshall / 31 Comments

This is the graphic the Times used above the Lewinsky op-ed. You didn’t know that the whole Clinton-Lewinsky scandal was staged by Roger Ailes, did you? Yes, it was all his fault. Really. And since he’s dead, this is the perfect time for the Times to say so.

In an New York Times op-ed prompted by the death of Fox News founder Roger Ailes, Monica Lewinsky demonstrates that she sees herself as a pathetic victim, and blames others for what happened to her after a President of the United States decided to indulge himself and use a star-struck White House intern as his sex toy. Yet Monica’s others barely include Bill Clinton (he is mentioned just once in her screed), who did victimize her. Instead, she is accusing  Ailes and Matt Drudge, who committed the sin, Lewinsky implies, of preventing the mainstream news media from burying the story, as it was in the process of trying to do.

Monica’s attack on Ailes is just the latest in the hate-fest from the Left in reaction to his death. His primary crime, in their eyes, was  interfering with the left-wing media’s ability to spin the news to recruit the public in uncritical and ignorant support of all things liberal. Many of the vicious tweets from reporters (When Al Sharpton stands out for being fair, you know something is amiss) focused on Ailes’s sexual harassment, but it is fair to assume that Clinton, another serial harasser, will not be memorialized by these critics in the same way. Ailes was a sexist, power-abusing pig, but these people work with and cover  and vote for sexist power-abusing pigs all the time. They revile Ailes because he broke up their monopoly.

The Times can only have decided to publish Lewinsky’s jaw-droppingly obtuse and self-serving column as part of its own post-mortem smear of  Ailes, even though it makes Monica look deluded and juvenile. Yes, she is being used again.

She writes in part: Continue reading →

From The “You Keep Using That Word…I Do Not Think It Means What You Think It Means” Files: A Cheap Shot From The Heroes

/ Jack Marshall / 5 Comments

Many conservatives are cheering this open letter from 14 Medal of Honor recipients to Sen. Richard Blumenthal (D-Conn.):

Dear Sen. Richard Blumenthal,

You recently called upon your Senate colleagues to subject Judge Neil Gorsuch’s record to “extreme vetting,” questioning both his qualification and biography. The Senate certainly has the right and obligation to closely review any nominee for the United States Supreme Court. Conversely, it is our right as Americans and veterans to scrutinize your hypocrisy in doing so.

We are veterans of the Vietnam War. We fought alongside our brothers in arms, many of whom died or were gravely injured there. We saw the treatment meted out on us and our fellow military personnel upon our return, yet we never questioned our commitment to our nation’s freedom. But perhaps more relevant to this discussion is that we know you were not there with us.

The fact you repeatedly and consistently claimed to have served in Vietnam is a gross case of stolen valor in our opinion. You obtained at least five military deferments between 1965 and 1970, at least two of which were seemingly political favors to you so that you could avoid joining us in a war zone. Here are just a few examples where it appears that you have chosen to buttress your political resume by shamefully inflating your record of military service:

In 2003, you apparently stated, “When we returned [from Vietnam], we saw nothing like this [a public outpouring of support for deployed military personnel].”

In 2008, the New York Times reported you said, “We have learned something important since the days I served in Vietnam …”

At a Vietnam War memorial in 2008, it is reported you stated, “I served during the Vietnam era … I remember the taunts, the insults, sometimes even the physical abuse.”

We recognize that military service of any kind is valuable to the protection of our nation’s freedom. There is no shame in engaging in “Toys for Tots” campaigns, recycling efforts, or assisting in the improvement or construction of various facilities, which appears to be a fair description of the bulk of your duties during the Vietnam War.

What is offensive to those who fought in a most brutal conflict, some of us who were captured and tortured by our enemy, is any comparison of those most brutal experiences to the ones of people like you who never even sniffed the air in Vietnam.

The letter’s description of the Senator’s lies before being elected a U.S. Senator is accurate. The fact that he did not withdraw from consideration when those lies were exposed, that the Democratic Party allowed him to stand for election anyway, and worst of all, that Connecticut voters debased their state and the U.S. Senate by electing him demonstrated the creeping progressive ethics rot among liberals that has only worsened since.

However, Blumenthal was not engaging in hypocrisy by calling for extreme the judge’s vetting. It would have been hypocrisy if he proclaimed that no public official who has inflated his biography or faked credentials is worthy of public office. That’s not what he said, however. Indeed, if there is anyone qualified to testify to the importance of vetting the qualifications of apparently qualified nominees, it’s Sen. Blumenthal.

No, the letter is an ad hominem attack, and the ethics breach has been committed by its signatories. If they have an objection to his call for “extreme vetting, ” they should rebut it on the merits. Instead, they attacked the individual rather than his argument. That is the essence of ad hominem. Their attack was “to the man” rather than to his position.

The two terms for unethical conduct most often used inaccurately to sustain accusations are, ironically, hypocrisy and ad hominem attacks. You don’t often see both misused in the same matter, though.

______________________

Pointer: Washington Examiner