Morning Ethics Warm-Up, 8/2/18: Those Tricky Things Called “Standards” [Updated]

Goooood MORNING, Cape Cod!

(I miss you, but I miss your clams more.)

1. It is amazing the amount of publicity the Manafort trial is getting. I actually heard a Fox News correspondent argue that Manafort’s indictment proves that the Mueller investigation isn’t a “witch hunt.” I see my anti-Trump Facebook friends making the same claim. Bias makes you stupid. No aspect of the charges against Manafort relate to “Russian collusion,” and if the news media were not determined to convince the public that proof of impeachable offenses were just over the horizon and that Mueller was getting closer, closer, CLOSER, this would be a minor news event, if a news event at all. In fact, the Manafort trial is evidence that the Mueller investigation, whether the special prosecutor intends it to be or not, is functioning like a witch hunt. Any associate of the President past, present or future is on notice that he or she is a potential target, involving potential expense, embarrassment, and smears by the media. The political objective of the investigation is to make governing impossible, by causing widespread fear of guilt by association among those who might assist the President.

Virtually any past President you name had shady friends and associates who would be at risk from a Mueller-style “see-what-dirt-we-can-dig-up” operation. The GOP planted the seeds for this tactic with Whitewater. Republicans have no standing to complain, but Trump does.

2. THIS must be impeachable, somehow. CNN headline: “Donald Trump has no earthly clue about how real people buy groceries.”

The crux of the complaint is that the President used buying groceries as an example of basic requirements of life that involve the uses of IDs, as part of a riff on the need for voter identification laws. The “he doesn’t buy his own groceries!” accusation was last used against George H.W. Bush, when he expressed “what will they think of next?” amazement at computer checkout devices. “[The President] has no earthly clue what the average person, living paycheck to paycheck, making ends meet, is dealing with day to day. Going to the grocery store is not about presenting identification, but it can be about figuring out how you’re going to pay for groceries,” bleats Jen Psaki, Obama’s former communications director, so we know she’s unbiased.

Virtually NONE of our national elected officials have bought their own groceries in years, and probably decades. The significance of this is so infinitesimal that it would escape detection by the naked eye. I hate buying groceries. I admire and envy anyone who has progressed to the stage in life where they can have some compensated minion do the job for them. Meanwhile, this is one of—what, a million? Is that too many, or two few?—examples of habitual Trump critics pouncing on one of his–what, a trillion?—careless verbal gaffes and trying to make them seem more damning than they are. Trump could have, quite accurately, cited many other normal transactions less crucial to the nation than the integrity of the ballot box that require IDs, like renting a car, checking into a hotel, getting auto registration renewed, or buying a bottle of scotch. He chose, for reasons buried somewhere in his unique mind—buying groceries, which as a mistake. I don’t care. I question the priorities and intelligence of anyone who does care.

Especially someone who tries to lie to her readers with this whopper: “In 2008, when then-candidate Barack Obama was running against Sen. John McCain, a clear turning point for the campaign came when McCain could not remember how many houses he owned. ” Sure Jen. That was the turning point! I remember it well: I said to my wife, “Oh NO! This is like Gerald Ford saying that Poland wasn’t behind the Iron Curtain! McCain is doomed! Doomed, I tell you!” And when Hillary couldn’t shake her email scandal, I remember thinking, “You know, this is just like McCain not remembering how many houses he owned!”

And the fact that the economy crashed right after McCain’s gaffe was just frosting on the cake.

3. This is defend Sonny Gray Day. In addition to being ambushed by an attempted Hader Gotcha and stinking up Yankee Stadium with a terrible performance against the Baltimore Orioles, now a minor league team, Gray is being criticized in New York because he smiled as a he walked off the mound while boos, jeers and catcalls reigned down on his head by the typically classy Yankee fans.

What was he supposed to do? Weep? Rend his garments? Booing an athlete who has done nothing to indicate that he wasn’t trying, but who merely failed, is asshole behavior. Gray’s smile meant, “Boy, these fans are ridiculous. Well, what can you do? This is New York.” Indeed. The smile was about the only thing Sonny did right yesterday. Continue reading

On Boycotts, Vendettas, Grudges And Principles: The Unethical Theater Group And Me

Over the weekend I attended a local theater production at the behest of an old friend who was involved in it. I did so with great hesitation. You see, several decades ago, I directed a show for this company, an old and popular community institution. Not only was I treated as miserably as I have ever been treated by an organization in my life; my cast and staff were abused as well. I encountered perpetual arrogance, nastiness, pettiness and hostility, all of which is common in the theater world and especially the amateur end of it, but not on this level.

I would enjoy itemizing the particulars of my indictment against this organization, but it would be an indulgence, and would necessarily lengthen the post. I’ll just note that the fact that an African-American member of my cast and her family were harassed more than once by the venomous seniors running the company like their own private East Germany was not an indispensable part of my conclusion that the company was  a special gift from Hell. I would have come to the same conclusion even if the group hadn’t been racist as well as venal, exploitive, dictatorial, mean, incompetent, vindictive, and stupid.

So I attended the show, which was not bad at all, though I felt like Jeff Goldblum making a visit to Jurassic Park. (The tickets were comped: it I had to pay a cent for them, I would not have gone.) My last time in that building—the group owns its theater facilities–I vowed not only that I would never return, but that I would take every opportunity to undermine the company’s strength, viability, reputation and existence. I had, too, until I attended the show. I take pride in the fact that I have warned many previously naive artists away from getting involved in the group, and I have kept many theater-goers away as well. It is my theatrical Moby Dick, I suppose: to the last I’ll grapple with it; from hell’s heart I’ll stab at it; for hate’s sake I’ll spit my last breath at it.

During the performance, which had its boring and annoying features, I found myself reflecting on this state of mind. Is it ethical to hold a grudge that long and that strong?

It certainly can be, to be sure. In cases like this, however, I believe that staying the course is a matter of integrity. Continue reading

“McCarthy And Witch Hunts And Fear, Oh My!” PART II: Papa John’s Pizza Founder And Chairman John Schnatter

What befell Papa John’s Pizza founder John Schnatter is even a more  direct example of current day McCarthyism and Salem’s “He’s a witch!” method of personal destruction than the fate of James Gunn, discussed in Part I.

Schnatter was already on the progressive hit list because he had been openly critical of the NFL’s addled kneelers–you know, those astute social justice athlete-activists who honest-to-Pete weren’t protesting the National Anthem when they protested during the National Anthem and never have been able to clarify what exactly they are protesting, unless it was kind of everything, and who were exercising their sacred First Amendment free speech rights, but really weren’t, though they don’t understand that, not being familiar with the nation’s founding documents? Those guys—and was ripe for race-baiting. Then he had a fateful conference call with the chain’s marketing agency Laundry Service—That’s funny: I have a laundry service called “Marketing Agency”!— that wanted to hire rapper Kanye West to represent Papa John’s in ads. The call was also intended, reportedly,  as a role-playing exercise for Schnatter to deal with sensitive race issues and to learn how to avoid future public-relations botches.

In the course of explaining that he wasn’t a racist, Schlatter told the tale of  how KFC’s Colonel Sanders reportedly used the slur “nigger” often. Schnatter said he never would use that word — but GOTCHA! He had, in order to tell the Col. Sanders story!

WIIIIITCH!!!

Although Schnatter says he intended  to convey his antipathy to racism, some on the call found his language ” offensive,” and reported that he had “used” the taboo word. Nobody, apparently, claimed he had used the word as a slur; he just refused to use the baby-talk code “N-word,” which, you may have already noticed, is an example of particularly idiotic political correctness that impedes education, journalism, public debate and competent communication that I emphatically reject in writing this blog. Talking or writing about the word “nigger” is not using the word “nigger” in the fashion that makes it rationally offensive. If anyone finds using the word to discuss the word itself offensive, that person has a problem, and it is between his or her ears.

Schnatter, who was already in trouble at his company and had stepped down as CEO in the wake of his criticism of the knee-happy NFL players, initially capitulated to the latest barrage of criticism. “News reports attributing the use of inappropriate and hurtful language to me during a media training session regarding race are true,” he said in a statement. “Regardless of the context, I apologize. Simply stated, racism has no place in our society.” Then he resigned from the company board. Here is the infantile way Forbes announced the news:

“John Schnatter—the founder and public face of pizza chain Papa John’s—used the N-word on a conference call in May. Schnatter confirmed the incident in an emailed statement to Forbes on Wednesday. He resigned as chairman of Papa John’s on Wednesday evening.”

Now Schnatter is fighting his exile, gathering a legal team and sending the following letter: Continue reading

Ethics Quiz: Trevor Noah’s Joke

“Africa won the World Cup. I get it, they have to say it’s the French team. But look at those guys. You don’t get that tan by hanging out in the south of France, my friends.”

—-Trevor Noah, host of Comedy Central’s “The Daily Show”

Noah, who is black, was immediately accused of racism. “So basically, Trevor, all the African-Americans in the US are just Africans, right?,” said one critic. “Know that as a French of Algerian, German and Spanish descent, I find it insulting. We are all French, we are one people. Ask the players,they’ll tell you they’re proud Frenchmen!”

Your more complicated-than-it-looks Ethics Alarms Ethics Quiz of the Day:

Does Noah have anything to apologize for?

I mean, other than that fact that his joke isn’t particularly funny. Continue reading

A Lost Ethics Movie: John Ford’s “Sergeant Rutledge”

All right: not exactly lost, but certainly almost forgotten.  Released in 1960, “Sergeant Rutledge” was a daring Western with a racial justice theme well before Jim Crow had breathed its last. The iconic film version of “To Kill A Mockingbird” was two years from being made, and master director John Ford told the story of a black “buffalo soldier” wrongly accused of raping and killing a white woman and shooting an officer. The film was the first to feature the Buffalo Soldiers, the all-black cavalry units that continued through World War II, and was the first Western to feature a black protagonist. Sergeant Rutledge, played by the perfectly cast Woody Strode. Rutledge is innocent, but because he is black and a white girl was one of the victims,  he is presumed guilty. The prosecution in his military trial has blatant racist overtones, and Ford unsparingly focuses on the indignities imposed on African Americans in the unsettled frontier culture following the Civil War. In Strode, Ford had an almost too ideal star: everything about him is perfect. He’s brave, well-respected, professional, trusted and gorgeous: Strode was a magnificent former athlete who projected virtue quiet dignity in every film appeared in. I don’t think he ever played a villain.

The movie has some problems, including a Perry Mason-style resolution that is either over-acted, badly-acted, or badly-written: I couldn’t decide. It was also a flop, perhaps because the nation was more ready for the theme two years later, perhaps because Ford’s star was fading fast by 1960, but more likely because it had no major star like Gregory Peck  (or John Wayne, who was busy making “The Alamo”) to persuade audiences take a chance on an unusual film. It is Strode’s only starring role, and Hollywood was just beginning to cast Sidney Poitier in leads—Poitier was a far more versatile actor—in 1960. The other star is Jeffrey Hunter, best remembered today for making the original pilot for “Star Trek” as “Captain Pike.” Hunter never was a box office draw, though he was a strong second lead in Ford’s “The Searchers.”

Somehow the myth has grown that this was a film in which Ford, nearing the end, was “apologizing” for his previous racially insensitivity in other films. That’s revisionism. Ford made Westerns about cowboys and the West, and both were undeniably dominated by whites, with blacks in subservient positions. It’s not insensitive to be faithful to history.  Ford was, by the standards of his time, a progressive liberal, and the kind, apparently now extinct, who could still have close friendships and working relationships with conservatives, like Ward Bond, Walter Brennan, James Stewart and John Wayne. For example, Ford memorably stared down arch-Right director Cecil B. DeMille when DeMille was trying to get the Screen Director’s Guild to install a loyalty oath. Continue reading

Just Trying To Get The Rules Straight…[Updated]

(That’s me on the right…)

Pardon me for being obtuse, America, but I want to make sure I understand this.

Samantha Bee, the comic who called Ivanka Trump a “feckless cunt” yesterday on her TBS show “Full Frontal,” apologized today, saying on Twitter,

“I would like to sincerely apologize to Ivanka Trump and to my viewers for using an expletive on my show to describe her last night. It was inappropriate and inexcusable. I crossed a line, and I deeply regret it.”

No repudiation of her words were forthcoming from TBS, or Turner Broadcasting, which owns that network as well as CNN. [UPDATE: After this was posted, TBS stated that Bee’s words were “vile” and “inappropriate,” and that it was their “mistake” as well as Bee’s.]

Now, Roseanne apologized for her tweet connecting Obama-whisperer Valerie Jarrett to the Planet of the Apes, yet was not only fired, but had her show, and its entire cast and crew, tossed as well. ABC, which did the tossing, explained that her tweet, which was on Roseanne’s personal Twitter account, did not comport with the network’s values. Well, did anyone think for a nanosecond that Roseanne was speaking for ABC with her obviously spontaneous, not-very-well-thought-out slur? Of course not. In contrast, Bee’s line that was “inappropriate and inexcusable” was  scripted, vetted by the network, and prerecorded, as well as previewed by network personnel . So it is fair to assume that calling the President’s daughter a ‘feckless cunt” is consistent with the network’s values. Right? Am I missing something?

Now this is confusing to me. Roseanne’s line was obviously intended as a joke, and supposedly comics need to have wide tolerance when jokes misfire. Bee’s statement wasn’t even a joke; it was just a vulgar insult. Moreover, a pre-taped, scripted TV show is obviously a more consequential forum than a single tweet, and a personal tweet is viewed as less of a representation of a network than a show on that network. Correct?

I don’t get it. Continue reading

Ethics Dunce (But We Knew That): Roseanne Barr [UPDATED…Again!]

Ugh. The new, surprise hit reboot of “Roseanne” self-destructed when it’s star, not for the first time, couldn’t restrain herself from being objectively repulsive and tweeted a racist insult to former President Obama’s black chief-of-staff, Valerie Jarrett. This morning the comic—at least some people think she is comical—tweeted that Jarrett was the offspring of the Muslim Brotherhood and “Planet of the Apes.” as in “muslim brotherhood & planet of the apes had a baby=vj.” Barr apologized, but ABC was quick: it cancelled the series, saying, “Roseanne’s Twitter statement is abhorrent, repugnant and inconsistent with our values, and we have decided to cancel her show.”

Rosanne didn’t just step on a landmine, she stepped on several, then jumped up and down on them to make sure they blew her to bits, or so it seemed. Can’t attack anyone associated with Obama. Can’t use “Muslim” as an insult. Can’t make monkey jokes about black people. Any of these can be career-killers, and Roseanne did all of them at once, in only ten words and two initials. Wow. It takes a Master Ethics Dunce to do that. I am in awe.

Does she deserve to lose her show over this? Of course she does. It was, by any standard, a racist, hateful tweet. No company, especially an entertainment company, especially a Disney company, can afford to be associated with that kind of  reckless, high-visibility employee,  She was on thin ice anyway, being a self-declared Trump supporter. She should have known that she had to be even more careful than other uncivil comics and celebrities, like Bill Maher, Stephen Colbert and Alec Baldwin, all of whom have  said or tweeted ugly and hateful things about the right kind of people—you know, whites, Republicans, the President, and his family.

One of Roseanne’s writers, stand-up comic Wanda Sykes, quit the show before it could be cancelled in protest over Roseanne’s “joke”, though Sykes herself was booed off the stage in 2016 after going on a hateful, expletive-filled rant against President-Elect Donald Trump, then flipping off the crowd as she exited to boos. Now that’s the kind of comic ABC is proud to employ! Continue reading

An Ethics Riddle: What Do Starbucks And The University Of Virginia Have In Common?

They both called the cops on someone who was violating a policy. Only one of them, however, was accused of racism.

Bruce Kothmann, a University of Virginia alumnus, read aloud from his Bible on the steps of the school’s Rotunda this week, so university police came make him stop. He did stop, because he didn’t want to be arrested. For such public speech is no longer allowed at the public university. The Rotunda is not one of the places the university has designated for public speech by outsiders. Kothmann was on to campus because his daughter had just finished her sophomore year, but was reading from his  Bible with him to challenge the school’s  policy limiting speech on campus.

A terse reader comment on the story said, “This is basically what happened at Starbucks.” The comment is correct.

Would UVA have sent the police to silence a black parent? My guess: no, and if it had, the school would be grovelling in the dust right now, begging for forgiveness. Unless the school could quickly point to a white transgressor who got the cops called on him, a charge of race bias would be devastating, and, of course, effective.

You recall the Starbucks episode: I covered it here. Two African Americans were informed of a Starbucks policy that required those using the facilities to be customers. The men refused, the manager called the police claiming trespass, and the rest is ugly, race-baiting history. The two men could have left just as Mr. Kothmann agreed to stop reading, but that’s just moral luck. The reader was right: the episodes were the same….except for the race of the violator involved.

The Ethics Alarms position is that both policies, that of the university and the old Starbucks policy, are reasonable, with the Starbucks policy being the more  defensible, since UVA is a public university and has the First Amendment to contend with. Never mind: the news media and the social justice social media mob have little interest in a white man being stopped by police from reading that old rag, The Bible, but if two black men violating a private business’s reasonable policy have that policy enforced against them, that’s intolerable.

We have the birth of a new racial privilege, now extending beyond police shootings (a white cop can safety shoot a threatening white suspect, but not a black one) to other forms of previously justifiable conduct. Continue reading

Morning Ethics Warm-Up, 5/10/2018: Co-Starring… Twitter!

Good Morning!

(I am grimly soldiering on, despite the horrifying Red Sox loss to the Yankees last night. Duty calls...)

1 From the “Facts don’t matter to Trump, and facts don’t matter to Trump enemies” files:

1) The New York The Times  reported that Secretary of State Pompeo was absent from Washington when Trump announced he was pulling the U.S. out of the nuclear deal with Iran, and framed it as a gaffe, headlining the story, “At a Key Moment, Trump’s Top Diplomat Is Again Thousands of Miles Away.” The paper  knew why Pompeo was absent, though: he was heading to North Korea make sure that three imprisoned Americans got released and returned home without a hitch. The story under the accusatory headline said so.  Pompeo also went to North Korea to arrange a date and venue for Trump’s meeting with Kim Jong Un. And, of course, Pompeo arriving with some of the benefits of Trump’s tough policy toward North Korea was an excellent backdrop for the Iran announcement.

Ethics verdict: bias and misrepresentation.

2) Stormy Daniels attorney Michael Avenatti included transactions by one or more Michael Cohens who have nothing to do with Donald Trump in a report Avenatti released about the President’s personal fixer’s alleged banking transactions. There are already questions being raised about how the lawyer acquired any banking records before legal discovery, but this is just rank incompetence.

3) Yesterday the President tweeted,

“The Fake News is working overtime. Just reported that, despite the tremendous success w”e are having with the economy & all things else, 91% of the Network News about me is negative (Fake). Why do we work so hard in working with the media when it is corrupt? Take away credentials?

Wow. What a mess that tweet is! Continue reading

Morning Ethics Warm-Up, 5/4/2018: White Artists, Black Artists, Brain Damage And The Mad Midnight Pooper

Good Morning!

(On the way to lovely Annapolis, MD to present my Clarence Darrow legal ethics program, along with D.C. actor Paul Morella, the real star of the day and the best Clarence Darrow portrayer alive. Paul starred in my 2000 original one-man show about the iconic lawyer-rogue, and has been performing it for lawyer groups and bar associations ever since.)

Déjà vu!  I would write a full post about this, but you can essentially go to all the football head trauma essays, search and replace NFL with NHL, and you’ll pretty much have it. The New York Times reports on a 53 year old ex-pro hockey player whose brain yielded evidence of CTE, and evidence is mounting the the violent sport is doing damage to players similar to what the NFL denied for so long. Right now, the National Hockey League is denying it too:

To the N.H.L. and its commissioner, Gary Bettman, the diagnosis is likely to be the latest piece of evidence to dismiss or combat. Even as links build a chain bridging the sport to C.T.E., the degenerative brain disease associated with repetitive head trauma, and some of the game’s most revered names push the league to take a more open-minded approach, the N.H.L. has denied any connection between long-term brain damage and hits to the head.

The N.F.L. did the same, for many years, until the evidence became too overwhelming, the numbers too much to counter with plausible deniability. Facing a huge class-action lawsuit, the N.F.L. eventually admitted to the connection and agreed to a roughly $1 billion settlement with former players. (That has not kept the sides from continuing to fight over the payouts, amid accusations of fraud and intimidation.) The N.H.L., following the N.F.L.’s strategy of about a decade ago, still contests any role in the burgeoning science of C.T.E., in the courts of law and of public opinion.

What’s going on here? Violent pro sports are popular and profitable, so they will continue maiming players and devastating their families until the public finally refuses to have blood on its hands. It will take a while, and many lives will be destroyed, but in the end, football and hockey are going to have to be responsible, and also held responsible for the carnage their greed has caused.

2. Yeah, I’m being unfair and partisan when I accuse progressives of being hostile to free speech and diversity of views… A hip-hop and R&B radio station in Detroit has announced that it won’t play Kanye West’s music. The alleged justification was the rapper’s dumb remarks about slavery. On “TMZ Live,” West said,

“When you hear about slavery for 400 years. For 400 years? That sounds like a choice. Like, you were there for 400 years and it’s all of you all? You know, it’s like we’re mentally in prison. I like the word prison ’cause slavery goes too — too direct to the idea of blacks.”

That’s pretty stupid for sure, but hardly any more stupid than the kinds of things West has been saying his whole career as his fans cheered him on. He’s welcome to hijack a telethons to say, for example, that President Bush intentionally let blacks die after Katrina, but this goes too far. (Someone please explain to me exactly what he thought he was saying, if you have time.) Continue reading