rationalizations

Encore: From “The Law vs Ethics Files: The July 24, 1983 Pine Tar Incident, When Baseball Chose Ethics Over Law, And Was 100% Wrong

/ Jack Marshall / 14 Comments

Several things led me to re-posting this Ethics Alarms entry from 2017.

First of all, the MLB network showed a documentary on the career of George Brett today, and scene above, with Brett erupting in fury at the umpire’s call voiding his clutch, 9th inning home run, is one of the classic recorded moments in baseball history. There was also a recent baseball ethics event that had reminded me of Brett’s meltdown: Yankees manager Aaron Boone was thrown out of a game because a fan behind the Yankees dugout yelled an insult at the home plate umpire, and the umpire ejected Boone thinking the comments came from him.. When Boone vigorously protested that he hadn’t said anything and that it was the fan,Umpire Hunter Wendelstedt said, “I don’t care who said it. You’re gone!”

Wait, what? How can he not care if he’s punishing the wrong guy?

“What do you mean you don’t care?” Boone screamed rushing onto the field a la Brett. “I did not say a word. It was up above our dugout. Bullshit! Bullshit! I didn’t say anything. I did not say anything, Hunter. I did not say a fucking thing!” This erudite exchange was picked up by the field mics.

There was another baseball ethics development this week as well, one involving baseball lore and another controversial home run. On June 9, 1946, Ted Williams hit a ball that traveled a reported 502 feet, the longest he ever hit, and one of the longest anyone has hit. The seat was was painted red in 1984 (I’ve sat in it!), and many players have opined over the years that the story and the seat are hogwash, a lie. This report, assembling new data about the controversy, arrives at an amazing conclusion: the home run probably traveled farther than 502 feet.

But I digress. Here, lightly edited and updated, is the ethics analysis of the famous pine tar game and its aftermath:

***

 I have come to believe that the lesson learned from  the pine tar incident is increasingly the wrong one, and the consequences of this extend well beyond baseball.

On July 24, 1983, the Kansas City Royals were battling the New York Yankees at Yankee Stadium. With  two outs and a runner on first in the top of the ninth inning,  Royals third baseman George Brett hit a two-run home run off  Yankee closer  Goose Gossage to give his team a 5-4 lead.  Yankee manager Billy Martin, however, had been waiting like a spider for this moment.

Long ago, he had noticed that perennial batting champ Brett used a bat that had pine tar (used to allow a batter to grip the bat better) on the handle beyond what the rules allowed. MLB Rule 1.10(c) states: “The bat handle, for not more than 18 inches from the end, may be covered or treated with any material or substance to improve the grip. Any such material or substance, which extends past the 18-inch limitation, shall cause the bat to be removed from the game.” At the time, such a hit was defined in the rules as an illegally batted ball, and the penalty for hitting “an illegally batted ball” was that the batter was to be declared out, under the explicit terms of the then-existing provisions of Rule 6.06.

That made Brett’s bat illegal, and any hit made using the bat an out. But Billy Martin, being diabolical as well as a ruthless competitor, didn’t want the bat to cause just any out. He had waited for a hit that would make the difference between victory or defeat for his team, and finally, at long last, this was it. Martin came out of the dugout carrying a rule book, and arguing that the home run shouldn’t count.  After examining the rules and the bat, home-plate umpire Tim McLelland ruled that Brett used indeed used excessive pine tar and called him out, overturning the home run and ending the game.

Brett’s resulting charge from the dugout (above) is video for the ages. Continue reading →

Baseball Hall Of Fame Ethics: This 2016 Post Just Became Ripe And Moot At The Same Time

/ Jack Marshall / 7 Comments

The sportswriters who decide who is admitted to the Major League Baseball Hall of Fame voted in David Ortiz yesterday. The Red Sox and Boston icon (Carl Yastrzemski once said that while Ted Williams was the greatest Boston baseball player, Ortiz was the most important, and he was right) sailed into the Hall in his first year of eligibility, an honor few players have ever been accorded.

It was no surprise. In addition to having unquestionable statistical qualifications, “Big Papi” is also personally popular. That matters, a lot; the writers this year rejected Boston pitching ace Curt Schilling who also has impeccable Hall qualifications, because they don’t like him. Schilling is opinionated, combative, religious, and worst of all, politically conservative. Can’t have that. On the plus side, the writers also rejected steroid cheats Barry Bonds, Alex Rodriguez and Manny Ramirez, as well as almost certain steroid cheats Roger Clemens, Sammy Sosa and Gary Sheffield.

In 2016, anticipating and dreading yesterday’s news, I wrote a post titled, “The Wrenching Problem Of David Ortiz, The Human Slippery Slope.”

Here it is again.

Ethics conflicts force us to choose when multiple ethical principles and values point to diametrically opposed resolutions.  Often, a solution can be found where the unethical aspects of the resolution can be mitigated, but not this one. It is a tale of an ethics conflict without a satisfactory resolution.

I didn’t want to write this post. I considered waiting five years to write it, when the issue will be unavoidable and a decision mandatory. Today, however, is the day on which all of Boston, New England, and most of baseball will be honoring Red Sox designated hitter David Ortiz, who will be playing his finale regular season game after a 20 years career.  His 2016 season is quite possibly the best year any professional baseball player has had as his final one; it is definitely the best season any batter has had at the age of 40 or more. Ortiz is an icon and a hero in Boston, for good reason. Ortiz was instrumental in breaking his team’s infamous 86-year long “curse” that saw it come close to winning the World Series again and again, only to fail in various dramatic or humiliating ways. He was a leader and an offensive centerpiece of three World Champion teams in 2004, 2007, and 2013. Most notably, his record as a clutch hitter, both in the regular season and the post season is unmatched. You can bring yourself up to speed on Ortiz’s career and his importance to the Red Sox, which means his importance to the city and its culture, for nowhere in America takes baseball as seriously as Beantown, here.

That’s only half the story for Ortiz. Much of his impact on the team, the town and the game has come from his remarkable personality, a unique mixture of intensity, charm, intelligence, generosity, pride and charisma. After the 2013 terrorist bombing of the Boston Marathon, which shook the city as much as any event since the Boston Massacre, Ortiz made himself the symbol of Boston’s anger and defiance with an emotional speech at Fenway Park. Then he put an exclamation point on his defiance by leading the Red Sox, a last place team the year before, to another World Series title. Continue reading →

Baseball Has A Cheating Problem That Is Old, Was Supposedly Addressed Decades Ago, And Is Strangling The Game. It Is Relevant To More Than Baseball (Part 1: Introduction)

/ Jack Marshall / 8 Comments

Baseball sticky

Since about four other readers pay any attention to my baseball ethics posts, let me say right up front why this a mistake. Baseball’s current pitchers using foreign substances on the ball problem is, ethically, exactly the same as our nation’s election cheating scandal, or the illegal immigration crisis. It arises from the same dead-headed rationalizations, intellectual laziness, and self-serving deception. We can and should learn from it. But we won’t.

If you want to ignore the latest baseball ethics scandal as a niche problem unrelated to greater ethics principles, be my guest. You will be missing an important and still developing lesson.

Baseball’s hitting is way down this year, and pitching is more dominant than it has been since the mid-1960s. There is a reason: almost every pitcher is using some kind of sticky substance on the ball. This increases “spin rate,” which before computers and other technology was impossible to see, much less measure. The faster a pitcher can make a ball spin, the more it moves, curves and dives at higher speeds. Sticky substances allow a pitcher to do that. Using them is against the rules; it’s cheating. But for years now, the same kind of ethics-addled fools who allowed Barry Bonds and other cheats to use illegal steroids and wreck the game’s home run records as long as they lied about it have let pitchers illegally doctor the ball.

This week, the whole, completely avoidable ethics train wreck became an engine of destruction for the National Pastime.

Unfortunately, one has to understand the context to comprehend what is going on now, and that means looking backwards, in this case, to 2014. Here, with some edits, are two Ethics Alarms essays that provide the context. The first was titled “The Abysmal Quality of Ethical Reasoning in Baseball: A Depressing Case Study.” The second, Pineda-Pine Tar, Part II: Baseball Clarifies Its Bizarro Ethics Culture, appeared 13 days later. Yes, what is happening now was foretold by conditions that were evident seven years ago. The remaining parts of this series will bring you, and the train wreck, up to date.

***

What happened was this: During last night’s Red Sox-Yankee game in Yankee Stadium, the Boston broadcasting team of Don Orsillo and Jerry Remy noticed a glossy brown substance on New York starting pitcher Michael Pineda’s pitching hand. It was very obvious, especially once the NESN cameras started zooming in on it.   “There’s that substance, that absolutely looks like pine tar,” play-by-play man Don Orsillo said. “Yeah, that’s not legal,” color commentator and former player Jerry Remy replied.

Indeed it isn’t.  According to rule 8.02(a)(2), (4) and (5), the pitcher shall not expectorate on the ball, either hand or his glove; apply a foreign substance of any kind to the ball; [or]  deface the ball in any manner.

The Red Sox, who probably knew about the gunk on Pineda’s hand, didn’t complain to the umpires, and just went about their merry way, losing the game. Asked about the stuff on his hand, Pineda demonstrated the full range of body language indicating that he was lying his head off. “It was dirt,’ he said. Later, when the ick appeared to be gone,  Pineda explained, he had just sweated his hand clean. Right. Whatever was on his hand—beef gravy, crankcase oil, chocolate syrup…the majority of pundits think pine tar—it wasn’t “dirt.” Pineda’s manager, Joe Girardi, was brazenly evasive.

The Yankee pitcher was cheating. This isn’t a major scandal, but cheating is cheating: sports shouldn’t allow cheating of any kind, because if a sport allows some cheating, however minor, it will encourage cynical, unscrupulous and unethical individuals on the field, in the stands, and behind keyboard to excuse all other forms of cheating, from corked bats to performance enhancing drugs. Cheating is wrong. Cheating unfairly warps the results of games, and rewards dishonesty rather than skill. Cheating undermines the enjoyment of any game among serious fans who devote energy and passion to it. Any cheating is a form of rigging, a variety of lying.

And yet, this clear instance of cheating, caught on video, primarily sparked the sports commentariat, including most fans, to cite one rationalization and logical fallacy after another to justify doing nothing, and not just doing nothing, but accepting the form of cheating as “part of the game.” I’ve been reading columns and listening to the MLB channel on Sirius-XM and watch the MLB channel on Direct TV since this episode occurred. Here are the reactions:

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Maybe Cheerleading Isn’t Unethical, It’s Just Useless And Encourages Unethical Values…Like In This Case

/ Jack Marshall / 13 Comments

Sexy-Redskins-cheerleaders

In Bucks County, Pennsylvania, Raffaela Spone anonymously sent the coaches of her high school student daughter’s cheerleading squad “deepfake’ photos and videos that depicted the girl’s competitors nude, drinking, or smoking to get them kicked off the team. She also sent the manipulated images to the girls, and urged them to kill themselves, Bucks County District Attorney Matt Weintraub’s office said.

Nice! Of course, the woman is insane. Still, there have been far too many episodes like this. One is too many.

On a utilitarian scale, cheerleading is so deep in negative territory that it couldn’t see the positive side with super-vision. It is, of course, the epitome of presenting girls and women as sex objects while pretending that it is something else. The alleged function, “leading cheers,” is gratuitous and annoying, like those “Cheer!” commands on baseball park electronic scoreboards, or “Charge!” trumpet riff. Home crowds know when to cheer; I’ll cheer when I feel like it, thanks: BACK OFF!

But everyone knows that’s not why cheerleading squads exist. In pro sports, they are blatant eye-candy for middle-aged male fans and sexual prey for the players. Otherwise, why not have male cheerleaders? (Yes, yes, I know some schools have them). As an earlier post here pointed out,

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Once Again, Unethical Sentencing Using “He’s Suffered Enough”: That’s Not The Message That Needed To Be Sent

/ Jack Marshall / 11 Comments

Collusion2

In August, former FBI lawyer Kevin Clinesmith pleaded guilty in federal court to making a false statement in the first criminal case arising from U.S. Attorney John Durham’s investigation of the of the irregularities surrounding law enforcement actions regarding allegations of”collusion” between Russia and the 2016 Trump campaign, a manufactured charge used to delegitimize and undermine the Trump Presidency. Clinesmith’s guilty plea was to “one count of making a false statement within both the jurisdiction of the executive branch and judicial branch of the U.S. government, an offense that carries a maximum term of imprisonment of five years and a fine of up to $250,000.”

Clinesmith admitted that in June 2017, he had sent a deliberately altered email to an FBI agent falsely indicating that Carter Page, a former Trump campaign adviser, was “not a source” for the Central Intelligence Agency. The email was used by the FBI to apply for a third extension of a FISA warrant justifying surveillance on Page. Paige had, in fact, been a source for the CIA. Clinesmith’s defense was that he had mistakenly thought the altered assertion in the email was correct, and he only altered it to save himself the trouble of getting a another email from the CIA.

If this doesn’t remind you of Dan Rather’s rationalization for using a forged document to accuse President George Bush of going AWOL while he was in the National Guard, it should. But Rather was just a journalist, albeit a one who carried the public trust. What he did was unethical, but what Clinesmith did was unethical and illegal. He knowingly manufactured evidence offered by the U.S. government to violate the Fourth Amendment Rights of a citizen, knowing that the warrant being sought would be used to spy on the Presidential campaign of the party opposing that of the sitting President, Barack Obama. The Trump Presidency was permanently sabotaged from its very start as a result of Clinesmith’s actions along with others in the Justice Department and FBI. Although the Mueller report found no evidence that any American anywhere, not just in the Trump campaign, coordinated with Russians to affect the 2016 election, the lie that Clinesmith facilitated constituted a deliberate effort by law enforcement officials to subvert a Presidential campaign and a President.

Yeasterday, Clinesmith was sentenced. U.S. District Judge for the District of Columbia James Boasberg, an Obama appointee, delivered the proverbial “slap on the wrist.” He sentenced him to 12 months probation and 400 hours of community service. He will serve no jail time.

My son, 18 at the time of his offense, was given five years probation and spent six months in jail for a traffic violation, just to provide some basis for comparison.

Continue reading →

Mid-Day Ethics Tidbits, 11/4/2020: Sort-Of Post-Election Edition, With Yummy NONE Election-Related Items!

/ Jack Marshall / 36 Comments

1. Ay Caramba! Does anyone think that former Playboy model Eva Marie has a legitimate complaint because she was kicked off a Southwest flight along with her seven-year-old son for wearing this outfit on board?

Eva Marie

I don’t. She said she was “humiliated and embarrassed” when a Southwest Airlines flight attendant told her she couldn’t board looking like that. I don’t believe it for a second. She was seeking publicity. “When they threatened to remove me off the plane if I didn’t have a change of clothes, I felt completely humiliated, embarrassed and highly offended,” the Instagram influencer said of the incident. “I’m an A list member for SWA and have a credit card with the airline and I have perks that allow any person traveling with me to fly free because of my high status with the airline. So even as being a loyal customer with them, I felt like the other women on the plane were judging me based on my attire and they were saying my breasts are too large,” she added. “Well, that’s something I can’t help.”

No, you shameless jerk, they were judging you because you won’t observe even minimal social conventions, like not going out in public looking like a stripper mid-routine. If she is a “high status” member of the airline, then she is presumably aware that it has a dress code. It is overwhelmingly likely that she pulled this as a stunt to gain Instagram users  to “influence,” and exploited Southwest to do so.

The airline would be fair and reasonable to ban her from flying.

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Comment Of The Day: “Decided: The Ten Reasons I’ll Be Voting To Re-Elect President Trump [6-10]

/ Jack Marshall / 7 Comments

Scotsman Willy

With his Comment of the Day, Humble Talent neatly identifies as a rationalization a disingenuous argument that I have been fighting on social media for four years. This is the dodge, and it is a dodge, of moderate progressives and once reasonable Democrats who refuse to accept that the party and ideology they felt good about supporting has taken a hard-left turn to fanaticism.

“Oh, no,” I have been told. “The Green New Deal”/ confiscate guns/ reparations/ Medicare for all/free college tuition/ cancelling student loan debt/late term abortions/punishing “hate speech”/ open borders/ “defunding the police”…even impeaching the President and so on ad nauseam aren’t really Democratic party agenda items. Just a few over-enthusiastic and well-publicized activists are pushing those, and it’s unfair to say that the entire party wants such things. Yes, yes, it’s true that Democratic leaders don’t clearly oppose these ideas, but….”

Some of them might even believe it. However, the over-all effect has been to lie to the American public, which has a right to know just how estranged from practical government and democratic principles one side of the political spectrum has become. HT will have his rationalization added to the list as soon as he settles on a name.

Here is Humble Talent’s Comment of the Day on the post, “Decided: The Ten Reasons I’ll Be Voting To Re-Elect President Trump [6-10]:

Continue reading →

Further Reflections On “What Do We Do With Jeffrey Previte?’

/ Jack Marshall / 9 Comments

The reason I posted the Ethics Quiz about the consulting company CEO caught on a security camera beating a small dog is that I genuinely do not know what society is supposed to do with people like that. The conduct is sick and evil, and as I noted in the post, Previte’s comments showed that he neither regretted his actions nor understood what people were upset about. The poll was included to get a sense of the assembled, and it has been one-sided:

It is the esteemed veteran ethics warrior Michael West who focused on the question from a practical viewpoint, and, after all, this is a practical ethics blog. In a series of comments he wrote,

I voted for the apology route because there’s no choice between apology and appropriate punishment that incorporates aspects of both. His conduct is gross and indicative of his character, but our society is getting to a point where we don’t allow for any rehabilitation ever. And that’s not a good development.

I had posited to another commenter a public official caught on camera terrorizing his family to counter the argument that it was unfair for this conduct to be made public, and Michael countered,

I think psychologically terrorizing family combined with being a public official changes the scope of invested parties and certainly justifies a larger body of people interested in knowing about the behavior. In this case, while not absolving him of being scrutinized and shunned by an appropriate section of society, “it’s just a dog” does guide the level of this man’s infamy as compared to your hypothetical. But yes, once the video is out the video is out. But, if, after appropriate demonstrations of genuine remorse, repentance and change of character and appropriate consequences are leveled against this man and…such as reduction to mere data entry job…I don’t think I would “take my business elsewhere” if I discovered he happened to be the man entering the data I need entered.

I mean at some point the “shunned by society” is clearly disproportionate…should grocery stores refuse his ability to buy food?

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What Do We Do With Jeffrey Previte?

/ Jack Marshall / 33 Comments

Jeffrey Previte is –last I checked—the co-CEO of EBI Consulting in Los Angeles. That’s him on the left, and that’s also him on security footage where he lives, abusing his little dog. There’s a video too. You can view it—if you have the stomach– here.

The Daily Mail broke the story after it obtained the video from the concierge at the Seychelle Condominiums building in Santa Monica, California, where Previte lives. The  concierge passed along the film–why to a British tabloid I don’t know (it probably paid him)  and asked to remain anonymous in case he wanted to be a source for an Atlantic Monthly hit piece on President Trump. He told the  Mail that he heard the dog whimpering from the front desk, saw the video,  and filed a report with the police about the incident. “I heard the dog screaming and when I looked on the camera, I saw him beating the dog,” he said. The concierge claims that the building’s management did not take his report seriously.

Previte has only made himself more despicable since the story came out, and revealed himself as an individual without ethics alarms.

“I think this is very unfortunate that this has come across your desk. I don’t even know exactly what to say but I will say this: [The concierge] called me the evening of this interaction with my dog and that was at nine o’ clock at night and he attempted to extort money from me so that he wouldn’t report it to the building,” said Previte in a statement.

All absolutely irrelevant to the issue at hand, which is what we see on the video. How does someone think impugning the character of the person who reports his misconduct mitigates the conduct?  Dead ethics alarms. Then he said, “There’s nothing illegal about what I did.”

This might be the best example of Rationalizations #4, Marion Barry’s Misdirection, or “If it isn’t illegal, it’s ethical,”and #5, The Compliance Dodge I have ever seen, except that I’ll want to gag every time I think about it.

Your Ethics Alarms Ethics Quiz of the Day is..

“What is a fair and proportionate way for society to treat this creep?”

Continue reading →

Seeing Ethics In September, 9/1/2020…

/ Jack Marshall / 24 Comments

1. Well, THAT’s an easy question! At St Xavier Catholic Church in NYC over the weekend, the priest asked his flock, : “Do you affirm that white privilege is unfair…will you commit to helping transform our church culture” and embrace “racial justice.”?

The answer, of course, is “‘Bye!” No one should accept partisan and racist talking points from the clergy. This is an abuse of power, trust and position.

I think I’ll watch “Spotlight” again…

2. In case you were wondering, Ethics Alarms will have nothing definitive to say about the Kyle Rittenhouse saga, and won’t until I read a trustworthy account of what really happened. There seems no question that the original mainstream news media narrative that this was a white supremacist gun nut hunting peaceful protesters is the MSM misbehaving again. The backlash characterization of Ritterhouse as a brave citizen protecting local businesses from rioters also seems overly convenient. The video available suggests an element of self-defense, but it seems clear to me that the kid irresponsibly placed himself in a perilous position while provoking members of a less-than-rational mob. In the situation he voluntarily placed himself, Ritterhouse was likely to be killed or kill somebody. He was also violating the law by carrying his weapon when he was underage. Of course, the failure of the Kenosha police and the state to keep minimally endurable order also added to the deadly conditions.

3. Hey, Coup Plan E, good to see you! Where have you been?

The 25th Amendment arguments have  been relatively scarce lately, although Maxine Waters mentioned it a week ago without referencing any disability. She appears to think that the Cabinet can just remove the elected President with a vote. My God, she’s such an idiot.

If the President had three strokes, he sure recovered quickly. And doesn’t it take astounding gall to try this chestnut again now, when the Democrats are running a candidate who could be legitimately removed by the 25th Amendment ten minutes after he took the oath of office? Continue reading →