polls

Morning Ethics Warm-Up, 5/5/2018: “Why We Can’t Have Nice Things” Edition

/ Jack Marshall / 31 Comments

Good Morning!

(I’m happy to report that my Clarence Darrow ethics program for a lawyer group yesterday in Annapolis was received wonderfully, in no small part due to actor Paul Morella’s moving and powerful recreations of Darrow’s courtroom oratory. As is often the case, attendees said that they didn’t realize a legal ethics presentation could be so interesting. If fact, there is no excuse for any kind of ethics NOT being interesting…)

1. I call this “cultural defacing.” At 10:30 last night, I watched the end of “The Princess Bride,” and was thrilled to arrive just as the final showdown between Ingo Montoya (Mandy Patinkin) and Count Rugen (Christopher Guest). Here is the scene, a classic one, which begins with the Count apparently fatally wounding Inigo with a dagger:

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Inigo advances on Rugen, but stumbles into the table with sudden pain. Rugen attacks, but Inigo parries and rises to his feet again]

Inigo Montoya: Hello, my name is Inigo Montoya. You killed my father. Prepare to die.

[Rugen attacks again, Inigo parries more fiercely, gaining strength]

Inigo Montoya: Hello! My name is Inigo Montoya! You killed my father! Prepare to die!

Count Rugen: Stop saying that!

[Rugen attacks, twice. Inigo avoids and wounds Rugen in both shoulders. Inigo attacks, bellowing:]

Inigo Montoya: HELLO! MY NAME IS INIGO MONTOYA! YOU KILLED MY FATHER! PREPARE TO DIE!

[Inigo corners Count Rugen, knocks his sword aside, and slashes his cheek, giving him a scar just like Inigo’s]

Inigo Montoya: Offer me money.

Count Rugen: Yes!

Inigo Montoya: Power, too, promise me that.

[He slashes his other cheek]

Count Rugen: All that I have and more. Please…

Inigo Montoya: Offer me anything I ask for.

Count Rugen: Anything you want…

[Rugen knocks Inigo’s sword aside and lunges. But Inigo traps his arm and aims his sword at Rugen’s stomach]

Inigo Montoya: I want my father back, you son of a bitch!

[He runs Count Rugen through and shoves him back against the table. Rugen falls to the floor, dead]

Except “you son of a bitch” was cut!

We settled this when the TV showing of “Gone With The Wind” let Clark Gable’s iconic exit line, “Frankly my dear, I don’t give a damn” remain uncensored, and later,when John Wayne as Rooster Cogburn uttered the words, “Fill your hand, you son of a bitch!” before charging Ned Pepper and his gang. It is unfair and disrespectful to wreck the best work of writers and actors for the few remaining people on earth who take to their fainting couches when rude language meets their ears. You don’t edit Rhett, or Rooster, or Inigo, or even John McLane when he says, “Yippee ki yay, mother fucker!” Show the movie, or don’t show the movie, but don’t ruin the movie for the most easily offended in the audience. Continue reading →

Morning Ethics Warm-Up, 5/3/2018: Katie’s Rationalization, Teachers’ Extortion, Rudy’s Zugswang, And Kanye’s Influence

/ Jack Marshall / 101 Comments

Goooood morning!

(I thought it was time for “Singin’ in the Rain” again. Of course, it is always time for “Singin’ in the Rain”…)

1. And that’s when you know…When alleged sexual harassers are accused, the way you know whether they are guilty or not often depends on whether the floodgates open, and large numbers of other women step forward. This was Bill Cosby’s downfall. Now we learn that 27 more victims of Charlie Rose have raised their metaphorical hands. Sorry, Charlie!

The mystery to me is why  current and former colleagues of outed abusers and harassers so often rush to defend them, even post #MeToo, and even women. I suppose is cognitive dissonance again: the defenders have high regard for the harasser, and simply can’t process the fact that they may have been engaged in awful conduct. Katie Couric’s defense of Matt Lauer, however, is especially damning.

Variety reported that Lauer’s office had a button that allowed him to remotely lock his office door when he had female prey within his grasp…

“His office was in a secluded space, and he had a button under his desk that allowed him to lock his door from the inside without getting up. This afforded him the assurance of privacy. It allowed him to welcome female employees and initiate inappropriate contact while knowing nobody could walk in on him, according to two women who were sexually harassed by Lauer.”

Yet on “The Wendy Williams Show” this week, Couric “explained”…

“I think the whole button thing, you know? I think — NBC — a lot of stuff gets misreported and blown out of proportion. A lot of NBC executives, they make it sound like some kind of den of inequity. I don’t know what was happening. A lot of NBC executives have those buttons that opened and closed doors… They did. I mean, it was really just a privacy thing. It wasn’t..Honestly I think it was an executive perk that some people opted to have and I don’t think it was a nefarious thing. I really don’t. And I think that is misconstrued….”

Wowsers. First, Couric is intentionally blurring the facts, using “open and close” as a euphemism for “unlock and lock.” I guarantee that no button would cause the office door to swing open or swing closed, as Couric suggested. I’ve searched for such a device: all I can find are remote office door locking mechanisms. Second, while it is true that other NBC execs once had that feature, it appears that Lauer was “was one of the few, if not the only, NBC News employee to have one,”a senior NBC News employee told the Washington Post.

Second, Couric is engaging in The Golden Rationalization: “Everybody does it.”

2.  Extortion works! Arizona’s governor signed a 9% pay increase for the state’s teachers, because the teachers engaged in a wildcat strike, kids were missing school, and parents couldn’t go to work without their state funded child-sitters. I’m not going to analyze whether the teachers demands were right or wrong, because it doesn’t matter. The teachers’ tactic was unethical, just like the Boston police strike in 1919 was unethical, just like  the air traffic controllers strike in  1981. In the former, Massachusetts governor Calvin Coolidge (what happened to that guy?) famously fired all the striking cops, saying in part that  “The right of the police of Boston to affiliate has always been questioned, never granted, is now prohibited…There is no right to strike against the public safety by anybody, anywhere, any time.” President Reagan quoted Cal when he fired the air traffic controllers and eliminated its union.

Striking against children and their education is also a strike against the public safety. What now stops the teachers, in Arizona or anywhere else, from using similar extortion tactics for more raise, policies they favor, or any other objective?  What was lacking here was political leadership possessing the integrity and courage to tell the teachers to do their jobs during negotiations, or be fired.

This precedent will rapidly demonstrate why public unions are a menace to democracy Continue reading →

Saturday Poll Fun: A Nobel Peace Prize For Trump?

/ Jack Marshall / 26 Comments

I can’t resist this.

It is so premature at this point that it’s laughable, but there are articles all over the news media about the prospect of President Trump being awarded a Nobel Peace Prize if all goes well between the Koreas, and a nuclear ban results.

Senator Graham, the alternating-current Trump ally/critic, told Fox that the President would deserve the honor. Some oddsmakers put Trump at 10-1 to win right now. Is there any way President Trump could win the most prestigious of the international honors?

Here’s my answer: No! Never. If Trump was unequivocally responsible for ending world hunger, war, pestilence and death, the Nobel Committee—you know, the ones that gave the Peace Prize to Barack Obama for doing absolutely nothing other than talking and being the first black President—would disband before it would honor Donald Trump. it is so obvious now, or should be, that the ideological and personal animus toward Donald Trump no longer is moored to reality, truth logic, fairness or standards that have applied and still apply to anyone else. Anyone who says anything good about him risks being marginalized and ostracized professionally and personally. Anyone who attacks him or any positive contention regarding him is rewarded.

So I’m not voting in this poll. I am, however, curious to see what others think. Here, therefore, is a poll:

Morning Ethics Warm-Up, 4/18/2018: The Bad, The Beautiful, And The Stupid

/ Jack Marshall / 30 Comments

Good morning, everyone…

1. Tales of the King’s Pass. Fox News put out a statement saying that Sean Hannity had its “full support.” We can assume that means no punishment, no sanctions, not even any public regrets, despite the fact, and it is a fact, that the right-wing talk-show host-turned-Trump propagandist went on the air and defended Trump’s fixer, Michael Cohen, without mentioning the fact that Hannity was Cohen’s client. Thus Fox is announcing, in effect, that undisclosed conflicts of interest are just fine and dandy if your ratings are good enough. This also means that Fox News is admitting that it really doesn’t care about candor, honesty, and objectivity, since it will ignore blatant violations of all three if the profit is sufficient.

In fairness to Fox, Hannity’s blatant biases toward all things Trump are no more egregious than the open Obama bias displayed across the mainstream media’s full spectrum of journalists and pundits; it just stands out more because he has less company. However, this is a specific conflict of interest, with Hannity having undisclosed connections to a newsmaker that could reasonably affect his commentary. The closest parallel would be ABC’s George Stephanopoulos reporting on the Clinton Foundation’s dubious activities without telling viewers that he was a $75,000 donor. ABC didn’t discipline him, either, but at least he made a public apology on the air.

To make the King’s Pass case even stronger, after Politico reported this week that dinnertime news anchor Bret Baier played nine holes of golf with President Trump over the weekend, Fox News acknowledged that Baier was admonished by the president of the network.  I don’t agree with the reprimand at all. The opportunity to spend that kind of time with a President is invaluable, a rare opportunity to acquire insight and access over an extended period of time. The idea, I assume, is that it creates the illusion of chumminess. It’s a dumb illusion. If I were a journalist,  I would play golf with anyone if it allowed me to learn something. If I were president of a network, I’d reprimand a reporter for turning down such an opportunity.

2. The Virtue-Signaling Hall Of Fame. Starbucks is reacting to the PR nightmare arising out of the arrest of two black men for refusing to order anything while waiting for a companion in a Philadelphia Starbucks by a grand gesture: it will close all U.S. stores and corporate offices on the afternoon of May 29 for “employee racial bias training.” I suppose this is good crisis management, though cynical and non-substantive. It also permanently tars as a racist the Starbucks ex-manager, who says she was following a locale-specific company policy in an area that had experienced problems with loitering. Continue reading →

A Musical Ethics Quiz: “The Wanderer”

/ Jack Marshall / 18 Comments

Here is Dion’s signature hit, 1961’s “The Wanderer”…

The song is ranked #243 on the Rolling Stone magazine’s list of The 500 Greatest Songs of All Time.The lyrics (the song was written by Ernie Maresca) , for those of you who are lyrically challenged, are as follows… Continue reading →

Comment Of The Day: Poll-Fest: Is This Ethnic Humor Offensive?

/ Jack Marshall / 11 Comments

First, the poll results!

 

Now here is Charles Green’s Comment of the Day on the post, Poll-Fest: Is This Ethnic Humor Offensive?

They’re all pretty funny to me. However, this is making me think.

The term “offensive” is more meaningfully understood as being about the offendee, not about the offending material.

There are some things that are so universally experienced as offensive, across most cultures and most history, that we can easily lapse into using “offensive” as an adjective to describe the subject matter.

But that’s a mistake. Continue reading →

Poll-Fest: Is This Ethnic Humor Offensive?

/ Jack Marshall / 29 Comments

I was going to include these in the previous post, but decided to let it stand alone.

Please review these comedy clips, and vote on whether or not each is potentially and legitimately offensive to the ethnic group portrayed, parodied, or stereotyped.

1.  Danny Kaye: “Anatole of Paris”

 

2. Cleavon Little: “Blazing Saddles”

 

Continue reading →

Sunset Ethics, 4/5/2018: Sinclair, Opening Day Ethics, “The Crown” Ethics, And Fake News, Of Course.

/ Jack Marshall / 41 Comments

Did everyone have a nice day?

1.  On the Sinclair broadcasting controversy. I was completely unaware of this, and Sinclair itself, until a couple of jerks accused me of cribbing my criticism of mainstream media bias from the company’s supposedly outrageous public statement. For the record, I don’t appeal to authority, and I make my own arguments. If other entities or pundits happen to reach the same conclusions, that’s to their credit. Go accuse them of following me. When a particular position stated by someone else strikes me as persuasive, I’ll credit the source.

Here is the script that Sinclair required the news anchors of its many local stations across the country. To save time, I’ll interject in BOLD…

“Hi, I’m(A) ____________, and I’m (B) _________________…

(B) Our greatest responsibility is to serve our communities. We are extremely proud of the quality, balanced journalism that XXXX News produces.

(A) But we’re concerned about the troubling trend of irresponsible, one-sided news stories plaguing our country. The sharing of biased and false news has become all too common on social media.

True. There is no denying this, and while the left-wing news media denies it as part of refusing to reform and do its job objectively and responsibly, the fact that the entity correctly framing the reality of U.S. journalism today is a conservative one does not alter the truth. Any news organization could have, and should have, sponsored the same statement.

(B) More alarming, some media outlets publish these same fake stories… stories that just aren’t true, without checking facts first.

This is also undeniable. The truth hurts. Tough.

(A) Unfortunately, some members of the media use their platforms to push their own personal bias and agenda to control ‘exactly what people think’…This is extremely dangerous to a democracy.

Completely accurate. It is terribly dangerous, and for a recent egregious example, look no further than the coverage of the anti-gun movement following the Parkland shooting.

(B) At XXXX it’s our responsibility to pursue and report the truth. We understand Truth is neither politically ‘left nor right.’ Our commitment to factual reporting is the foundation of our credibility, now more than ever.

If Sinclair means this, good. And that is the standard it should be held to going forward.

(A) But we are human and sometimes our reporting might fall short. If you believe our coverage is unfair please reach out to us by going to XXXX News.com and clicking on CONTENT CONCERNS. We value your comments. We will respond back to you.

How can anyone object to this?

(B) We work very hard to seek the truth and strive to be fair, balanced and factual… We consider it our honor, our privilege to responsibly deliver the news every day.

(A) Thank you for watching and we appreciate your feedback”

Since the statement is non-partisan, accurate, much-needed and one that every single news broadcast news source could and should have read to its viewers, daily if possible, there can be no valid ethical objections to it.

Deadspin, which has too many ethics problems of its own to count, attacked the statement as  america’s largest local TV owner turning its news anchors into soldiers in Trump’s war on the media.”

What utter dishonesty! As I said, and documented on the space ad nauseum, it cannot be reasonably denied that the statement’s characterization of news reporting is fair and accurate. Just because the resistances’s reviled President says something is so doesn’t mean it isn’t so, nor does his embrace of the obvious mean that to acknowledge the obvious is to support him. Deadspin then assembled a propaganda video of anchors across the nation saying the same thing, to make the process look sinister. Clever, but if you can’t see this for the misleading sliming it is,  get help. (Or, if you are NPR, get private funding.) Anyone could do the same thing with every baseball broadcaster who reads the MLB script about who owns the material in the broadcast. Anyone could do the same thing with the instructions I and many other CLE trainers read at the beginning of webinar. It can be done with the Pledge of Allegiance. Statements are scripted when it is important to have a carefully considered message communicated without variation. There is absolutely nothing improper, unethical or inappropriate about a stations owner requiring newsreaders to state the station’s mission, philosophy and basic ethical principles.

In fact, it is inappropriate not to. The howls from the Left are the very embodiment of the meaning behind the Bard’s famous line in “Hamlet” (Act 3, Scene 2 ),

The lady doth protest too much, methinks.

Except in this case, it would be, “The biased and partisan journalists who have been manipulating, hiding and distorting the news for years and hate being called on it doth protest too much.”

Methinks.

2. Another dumb “pay gap” controversy. I’m late slapping this one down. “The Crown, ” the Netflix series about Queen Elizabeth II, has been attacked by feminists, progressives and idiots—I’m sorry, but this is egregious—because actress Claire Foy, playing the Queen, was paid considerably less than co-star Matt Smith, who plays Prince Phillip.

The reason this was the case is that Foy, when she was cast, was a relative unknown, Smith, in contrast, had a ready-made fan base as one of the popular Doctors in “Doctor Who.” Thus he was worth more money to the producers in the beginning of the project. Marlon Brandon was paid much more than Al Pacino and James Caan in “The Godfather” for the same reason. This isn’t gender discrimination. This is business, specifically show business. Bigger stars get more money for legitimate and  obvious artistic and business reasons. Now there is a  petition to try to shame Smith into donating part of his salary from the series to Time’s Up.

This nonsense and gender-bullying. I needs to be sneered at and dismissed hard. Continue reading →

Morning Ethics Warm-Up, 4/2/2018: The Unreliable Authorities Edition

/ Jack Marshall / 38 Comments

Good morning!

1.  Another baseball ethics dispute! This is an exciting time of changes in the traditional wisdom of how to play Major League Baseball, all sparked by that new ethics bugaboo, Big Data. Now that so many aspects of the game can be measured and analyzed, tradition and assumptions rarely challenged are now under fire. One massive shift is, ironically, in the matter of shifts, radical defensive alignments in which players are not fielding their normal positions, but rather are places where computer spray charts for each batter suggest that the likelihood of fielding a ball is highest.  This can mean anything from one lonely fielder on the left side of the infield, or four outfielders.

Shifts are not new, but they used to be used on a handful of super-sluggers with dead-pull propensities, notably Ted Williams, who famously refused to bunt for easy hits to the unoccupied side of the field, and instead usually tried to hit through or over the shift. It has been estimated that the Williams Shift, combined with the player’s infamous stubbornness, cost him many points off of his lifetime batting average, especially since Williams defeating the shift by bunting might have discouraged its use.

But he was Ted Williams, the second greatest hitter of all time.  The question of whether lesser batters should bunt against shifts, for now many teams shift against everyone, has an easy answer: Of course they should.

In yesterday’s Twins-Orioles game, Twins starter Jose Berrios had  a one-hit shutout in the ninth inning. leading with one out and no runners on base. O’s rookie catcher Chance Sisco came to the plate—he has my favorite baseball name this season–and the Twins put on a shift like the one Ted Williams despised:

So, knowing he wasn’t Ted Williams and also knowing that in baseball even seven run leads aren’t a sure thing, Chance dropped down a bunt to the left side for a single. Berrios then walked two batter Davis and Manny Machado to load the bases, but finished his shutout by getting the next two outs without further disruptions.

After the game, the Twins players questioned the ethics of Sisco’s hit. Berrios said, “I just know it’s not good for baseball [to bunt] in that situation. That’s it.” Twins outfielder Eddie Rosario said, “Nobody liked that. No, no, no. That’s not a good play.” Second baseman Brian Dozier added, “Obviously, we’re not a fan of it. He’s a young kid. I could’ve said something at second base but they have tremendous veteran leadership over there. I’m sure they’ll address that. It’s all about learning. You learn up here.”

When do you “learn” not to try to win the game and get on base? For Sisco, a rookie, sending the message that shifting against him is a bad risk also is a wise career move. There is a long-standing, and stupid, unwritten rule in baseball that it is “bush league” to try to break up a no-hitter with a bunt, but extending that dubious logic to a mere shutout breaks the Stupid Meter.

2. Coffee is good for you, but be worried when you drink it. Continuing its rapid devolution into Bizarro World, just as increasing scientific evidence suggest that coffee is good for you, California is demanding that it carry a tobacco-like warning label. Last week a judge ruled that Starbucks and  other coffee companies in California must carry a cancer warning label because of a chemical produced while beans roast has been shown to cause cancer in high doses. California’s Safe Drinking Water and Toxic Enforcement Act  requires companies with more than 10 employees to warn their customers about the presence of carcinogenic and toxic chemicals in their products, even in tiny amounts. Acrylamide, a chemical compound that is produced naturally during the roasting of coffee beans, is on the state’s list of chemicals known to cause cancer or reproductive toxicity. The judge ruled that the coffee company had the burden of proof  to show that acrylamide posed no significant health risk to coffee drinkers, even though there is no evidence that coffee does pose a risk. Continue reading →

Morning Ethics Warm-Up, 3/30/18: Classless

/ Jack Marshall / 18 Comments

 

1. Of unethical, and useless, unpaid internships. There is about as a good a summary of what is wrong with unpaid internships at the UConn website as you will find. My only complaint is that the piece, by Henry Zehner, ignores my long-time objection to these positions based on my experiences with various employers who forced me to use out-of-class students in ill-defined roles. (Yes, one of them was the current Secretary of Education.) Zehner mentions that the law requires interns to do substantive work rather than low level office tasks. He doesn’t mention that only the rare intern is able to do tasks “not requiring specialized training.” My experience was that interns usually had negative effects on my time, management and productivity, as I not only had to instruct them, but also often had to re-do whatever work they completed. (Julie and LeeAnn, wherever you are, I don’t mean you.) But as for the young man who was assigned to assemble  my foundation’s annual meeting board books and explained that it took him so long because the “little slips to label the dividers kept falling into the typewriter,” the less said the better.

2. More on the art vs the artist. Last week we discussed the folly of judging art according to the character of the artist, in my post [#3 in a Warm-Up] on the op-ed. “We’ve been too forgiving of unethical artists.”

Here is an example of an artist of disgusting art being found to be disgusting: John Kricfalusi, the creator of the animated “The Ren & Stimpy Show” has been accused by a 37-year old woman of sexually abusing her 20+ years ago, apparently with her consent, but since she was under 18 at the time, such consent is legally meaningless.  So, really, is her late hit, except to gain #MeToo creds. It’s too late to prosecute the cartoonist, and he was remarkably candid about his relationships with teens while he was having them. Kricfalusi had always admitted to his disturbing taste for under-age teenage girls.

Does this old/new information mean that parents should treat “The Ren & Stimpy Show” as taboo, and that channels that feature cartoons should refuse to show it, thus robbing the show’s creator of residuals and income?

No. Kricfalusi’s art has value, if it has value, independent of his own private misconduct. “Lohengrin” is no worse or better because Wagner was a racist and an anti-Semite. The “Alice” books are wonderful, and our culture shouldn’t be robbed of them because Lewis Carroll was creepily obsessed with little girls.

Kricfalusi, for me, is an easy case. I always thought his work was sick and disturbing, and that no parent should allow any child under the age of 13 to watch it. I would feel the same if Kricfalusi was a certified saint. Continue reading →