respect

The NFL Anthem Protest Ethics Train Wreck, Part Two

/ Jack Marshall / 21 Comments

The overview of our latest Ethics Train Wreck continues from Part One…

  • Slate published an essay by African-American musician John Legend that itself makes an excellent case against the protests while supposedly glorifying them. Never mind the standard anti-Trump spin at the beginning about “Islamophobia” and the rest, though it is nice for any author to state up front that he’s completely biased and his opinion should be discarded as such. Legend and Slate have the audacity to evoke actual protests that were clear and targeted in comparison the all-purpose “knee”:

“Protest is patriotic. Protest has played a critically important role in elevating the voices of the most vulnerable in our nation. Protest in America has been essential to ending war, to demanding equal rights, to ending unfair practices that keep citizens marginalized. If we quell protest in the name of patriotism, we are not patriots. We are tyrants.

Would there have been a Civil Rights Act without the Birmingham protests? When Bull Connor unleashed his fire hoses and dogs on the schoolchildren taking to the streets, racial disparities and the violence facing people because of the color of their skin became the issues of the times. With savage images of the brutal attack in the news every day, President John Kennedy had little choice but to push for a Civil Rights Act that demanded equal services and equal rights.

Protests in Selma, Alabama, changed the trajectory of this nation and catapulted the Voting Rights Act into being.”

A recipe for tapioca would be as germane to the NFL protests as the Selma march. There is no definable law, principle or position these protests bring into focus. Let’s check the Ethics Alarms Protest Ethics Checklist against the NFL grandstanding:

1. Is this protest just and necessary?

No. How is it just? How is it necessary?

2. Is the primary motive for the protest unclear, personal, selfish, too broad or narrow?

Unclear and too broad by definition, since no two protesters make the same argument.

3. Is the means of protest appropriate to the objective?

Obviously not. What does football have to do with “racial justice”?

4. Is there a significant chance that it will achieve an ethical objective or contribute to doing so?

None whatsoever.

5. What will this protest cost, and who will have to pay the bill?

It’s already cost the NFL millions. But nobody is protesting the NFL…

6. Will the individuals or organizations that are the targets of the protest also be the ones who will most powerfully feel its effects?

No.

7. Will innocent people be adversely affected by this action? (If so, how many?)

Sure: every single fan who wants to just watch football.

8. Is there a significant possibility that anyone will be hurt or harmed? (if so, how seriously? How many people?)

The relentless politicizing of sports and entertainment harms U.S. society and frays the fabric of democracy. That means everyone.

9. Are you and your group prepared to take full responsibility for the consequences of the protest?

Clearly not: witness the constant complaining that NFL teams won’t hire Kaepernick so their season is dominated by racial politics rather than, you know, football..

10. Would an objective person feel that the protest is fair, reasonable, and proportional to its goal?

No.

11. What is the likelihood that the protest will be remembered as important, coherent, useful, effective and influential?

My guess: no chance whatsoever, unless unintended consequences count, like getting more votes for President Trump and crippling the NFL count.

12. Could the same resources, energy and time be more productively used toward achieving the same goals, or better ones?

It’s hard to imaging what wouldn’t be a better use of resources, energy and time.

Verdict: It’s an unethical protest. There is nothing patriotic about unethical protests. We have a right to protest; as with free speech, that doesn’t make all examples of exercising that right good, and certainly not “patriotic.”

  • However, let me argue in the alternative, as lawyers often do. Let’s say that, as Legend claims, all protests are patriotic. Fine. Then then Charlottesville protest against tearing down a statue of Robert E. Lee was also patriotic. Why, the, was the President attacked—by Legend and Slate, among others, for not condemning it?

The Left believes that protests are sacrosanct only when they are doing the protesting. There is nothing wrong or unpatriotic about accurately labeling a dumb, badly-conceived or destructive protest, and this one is all three.

“Football was down. The end. We, the good people who read the NYT, must say no to football. What is known cannot become unknown except by willful, immoral forgetting. No decent person can take pleasure in football. No fit parent can allow a child to take up the game. The era of American football is over. Bury it. We can end the misery through the simple and necessary refusal to watch anymore. Say no, America… or hey, wait a minute. Here’s that nasty President of the United States and he’s calling for a boycott of football…

So, watch the liberal media endeavor to save football from bad old President Trump. He’s a racist. This is his racism once again, stirring up the stupid people who voted for him. Here‘s the NYT today:

“The tweet suggested that the president, who used an expletive on Friday night to refer to players who kneel or sit in protest during the anthem — a practice that took hold last season among some African-American players after Colin Kaepernick, the now-former San Francisco 49ers quarterback, did so to protest racial and social injustice — is bent on deepening a bitter culture-war fight with the N.F.L.

It is a highly charged debate, with unmistakable racial undertones, pitting advocates of free speech who argue that professional athletes should have a right to use their positions to call attention to social issues against those who contend that refusing to honor the anthem disrespects the military and the nation, and that sports is no place for such displays.”

 Ann’s line:

“Let the brain damage continue. We’ve got a culture war to fight.”

Continue reading →

Professor Volokh’s Ethics Dissent On The Vicious, Pazuzu-Blaming Professor’s Firing

/ Jack Marshall / 10 Comments

‘Yes, I know he’s an idiot, but we should support idiots as highly paid teachers of our children, for the protection of the non-idiots…‘

Eugene Volokh is one of the best and most objective legal minds in the country. If he finds himself on the Supreme Court when Kennedy retires or Ginsberg shuffles off this mortal coil, we will not have suffered through the ugliness of the Trump years in vain. When he opines, I listen, as we all should, and he has now opined regarding the now fired idiot that I wrote about this morning, ex-University of Tampa visiting sociology professor Ken Storey.

Storey used Twitter, in the middle of the still-unfolding human disaster in Houston and soon New Orleans, to announce that flooding victims who were Trump supporters or Republicans deserved to die. He did this twice, so his later claim that his words did not intentionally convey what his words were obviously intended to convey was a desperate and obvious lie.

I wrote:

The university or college that fires an employee like Storey is protecting its reputation as a responsible institution, by stating in clear terms that people with terrible judgment and cruel and unethical instincts who are motivated by hate and intolerance are not qualified to teach….because they aren’t. That professors increasingly have no ethics alarms beeping when the prepare to publish sentiments like Storey’s (or worse) shows how thoroughly the leftist echo chambers of most campus faculties turn academics into Pat Robertson, which is to say, rigid, mean, and dumb. Once upon a time, liberals giggled themselves silly over the evangelical huckster’s periodic pronouncement about how a disaster was God’s way of punishing the U.S. for not abusing gays sufficiently, or similar bile, Now they do the same thing, and expect their colleagues and students to applaud.

Today, in the Washington Post, Professor Volokh advocates a different position:

Storey’s comments were nasty and mean-spirited; and I should note that the University of Tampa is a private university, in a state that doesn’t limit private employers’ ability to fire employees for their speech. The university’s actions thus seem legal (assuming they didn’t breach any contract). And Storey’s comments also weren’t academic or likely to be part of a serious political debate.

But the university’s action strikes me as further undermining the freedom of expression and debate at American universities, including the freedom to say things that are much more thoughtful. If you were an untenured faculty member at the University of Tampa, would you feel free to express your views on controversial subjects, when you saw how the university reacted to this tweet? Even if your views were very different politically, what do you think the University would do if people started pressuring for your dismissal, pointing to the Storey incident as precedent?

I’ve talked before about “censorship envy,” one mechanism through which these sorts of speech restrictions can grow: “If my neighbor — and especially my political adversary — gets to ban speech he reviles,” the thinking goes, “why shouldn’t I get to do the same?”

If a university has a strong policy of protecting speech, including offensive speech, administrators can point to that policy as a means of resisting calls for firing a controversial faculty member, and they can appeal to people’s desire to see speakers on their own side protected, and use that desire to help protect speakers on all sides. But once the university starts firing some people for speech “that do[es] not reflect [the university’s] community views or values,” that makes it much harder to resist calls for more suppression. Indeed, at that point tolerating speech starts implicitly conveying the message that the speech does reflect the university’s community views or values — and to avoid that implication, the university would have to fire any speaker who offended some sufficiently influential constituency.

I am very confident that in this rare case, Prof. Volokh is dead wrong. Continue reading →

Morning Ethics Warm-Up, 8/30/17: A Vicious Professor, Pazuzu, And Kathy Griffin Revokes Her Apology

/ Jack Marshall / 40 Comments

[ Just to remind you how good Debbie, Gene and Donald were. Note that these dancers skipped the staircase..]

GOOD Morning…

I’m changing the Warm-Up headlines to reflect the topics covered. I may even go back and revise the old headlines. It took a while, but I realized that having dozens of essentially identical post titles with only a date as the distinction made archive research harder than it had to be.

1.I would have headlined the story of now fired visiting University of Tampa professor Ken Storey “Vicious, bigoted and possessed by the Demon Pazuzu is no way to go through academia, son,” but so many professors have used social media to make outrageous and offensive statements that the ethics issue is getting repetitious. (I think Jonathan Turley has done a post on each one of them, and will continue to on his blog.)

The question is whether a college or university is breaching its commitment to free expression and academic freedom when it fires a professor who says that all men are rapists, or that whites should be exterminated, or, in Storey’s case,

When asked later if this theory also applied to Florida,  and Trump supporters there deserved a similar fate.the Florida college professor replied,

“Yep, those who voted for him here deserve it as well.”

The answer is no. The university or college that fires an employee like Storey is protecting its reputation as a responsible institution, by stating in clear terms that people with terrible judgment and cruel and unethical instincts who are motivated by hate and intolerance are not qualified to teach….because they aren’t. That professors increasingly have no ethics alarms beeping when the prepare to publish sentiments like Storey’s (or worse) shows how thoroughly the leftist echo chambers of most campus faculties turn academics into Pat Robertson, which is to say, rigid, mean, and dumb. Once upon a time, liberals giggled themselves silly over the evangelical huckster’s periodic pronouncement about how a disaster was God’s way of punishing the U.S. for not abusing gays sufficiently, or similar bile, Now they do the same thing, and expect their colleagues and students to applaud.

Ken compounded his ethical offense by the standards of Ethics Alarms by issuing a terrible apology that evoked the Pazuzu excuse. Realizing that he had gone too far, he tweeted,

“I deeply regret a statement I posted yesterday. I never meant to wish ill will upon any group. I hope all affected by Harvey recover quickly.”

Translation: “Oops. My hateful expression of glee over the tragedy afflicting Texans seems to have put my job in jeopardy. I regret that, so I have pulled down my tweet and am pretending to be sorry. I never meant to wish ill will upon any group, even though somehow my tweet wished ill on a group in the clearest terms, and I doubled down on it. Someone or something else must have been responsible. I hope all affected by Harvey recover quickly. (Saying that will let me keep my job, right?)”

This is a #10 apology on the Ethics Alarms Apology Scale, the worst there is:

An insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply, and to deceive his or her victims into forgiveness and trust, so they are vulnerable to future wrongdoing.

Storey was fired.

Good.

2. Speaking of phony apologies, Kathy Griffin, she of the Bloody Head, went all the way to Australia to reveal that she really isn’t sorry about representing that the beheading of a U.S. President is hilarious: Continue reading →

Casting Ethics And “The Music Man”

/ Jack Marshall / 15 Comments

A recently closed summer production of “The Music Man” at the Berkshires’ Sharon Playhouse illustrates many of the ethics landmines overly ambitious directors and non-traditional casting can trigger.

New York director Morgan Green was hired to direct Meredith Willson’s  1957 classic. Until “Hamilton” came along, only two Tony winning musicals had a book, lyrics and music all written by one person: “The Music Man” and “Oliver!” “The Music Man” isn’t my favorite musical, but a strong argument can be made that it is the Great American Musical, celebrating small town Americana with Sousa-style marches, barbershop quartets, and the best ending in musical theater history (stolen, with great success, by “School of Rock.”) There is no need to mess with it, since the show is pretty close to perfect. I was taught that a production should be equally satisfying for an audience member who is seeing a show for the first time and for one who is seeing it for the last time.  A version that takes the show out of 1912 and litters the landscape with anachronisms and forced 2017 social and political references isn’t fair to either of these. This was, I presume from based on Jesse Green’s review, a “Music Man” for people sick of “The Music Man” (like Jason Green.) You know what? If a director is sick of a show, she has an ethical obligation to let someone direct who isn’t sick of it.

Naturally, there was the obligatory stunt casting of women in some men’s roles (but never men in women’s roles, of course), and  the non-traditional casting of a black actress as Marion (the Librarian) Paroo, the romantic lead originally created by the recently departed Barbara Cook in the original production.

I see no problem in principle with casting Marion as black. It’s certainly ahistorical, and the hint of a trans-racial romance in 1912 Iowa is unimaginable, but “The Music Man” is, or should be, about kids, romance, parades, sentiment and fun, none of which is impeded by non-traditional casting.

There is a problem, though. One of Marion’s big solos, in which she sings about her ideal man (whom her mother believes is too ideal to be real), is called “My White Knight.”

Oh-oh. Continue reading →

Ethics Quiz: The Nicely-Dressed Factor

/ Jack Marshall / 26 Comments

(NPR says this was an actual passenger.)

When I fly, I always wear a sports jacket. No tie, often a sports shirt. Usually dress shoes, though not since I got mt neato-keen Boston Red Sox canvas deck shoes. Why do I do this? Apparently because I’m old, but also because of that old, archaic value, respect. If I’m in public, and especially if I’m going to be in close quarters with someone, I want the experience for them to be as pleasant as possible.

The airlines exercise very little dominion over what its passengers wear. Bare feet will keep you grounded; a T-shirt  with profanity or a lewd message may get you barred from a flight, but not much else. However, the airlines do notice what you wear, and what you wear may have benefits:

George Hobica, founder of the travel fare advice site Airfare Watchdog, said that “everyone believes no one gets upgraded anymore based on how they look.” But, he added, “It does happen.”… [Hobica] then relayed tales of friends who had been upgraded while wearing clothes they considered nicer than what they might wear to the gym or the grocery store, and a conversation he once had with a gate agent friend at Lufthansa.

“She told me she would upgrade people based on how good-looking they are, how pregnant they are, or how nicely they’re dressed,” he said. “She said: ‘Look, we oversell flights and, of course, we go down the status list first. Absolutely, we look at your miles.’” But if no one on the flight warrants special privileges, the absence of ripped jeans or tattered sneakers can help, Mr. Hobica said.

The Times got uniform denials that attire was rewarded when it contacted various airlines, but a flight attendant vaguely confirmed Hobica’s account.

“I will say that when I see someone come on the plane and they’re dressed nicely and their children are dressed nicely, I do take notice,” said …a United flight attendant since 1978. “When someone is a little dressed up and looking like they made an effort, it’s almost like they’re showing respect for themselves and for everybody else on the plane…My personal opinion is that when you take pride in how you look, you take pride in how you act,” she said.

Hmmmm.

The Ethics Alarms Ethics Quiz of the day is…

It is ethical for polite attire to confer benefits for flyers over passengers who dress in flip-flops, tank-tops and torn jeans?

Continue reading →

Ethics Observations On The Scaramucci Attack Interview Aftermath

/ Jack Marshall / 32 Comments

1. We are told that President Trump was thrilled with Anthony Scaramucci’s vile, obscene, threatening, vainglorious interview attacking his own colleagues and making Samuel L. Jackson’s movie rhetoric sound relatively refined. Incredible. An individual who represents the White House expresses himself in a published interview like a preening teenage gang member, breaches all existing standards of management and professionalism, throws red meat to the stalking news media writing the narrative that the President’s office is a den of narcissists, assassins, jerks and nut-jobs, and the President is applauding.

This is a level of irresponsible leadership not just unprecedented in U.S. history, but seldom equaled in the history of national leadership world wide. Incompetent and irresponsible don’t begin to describe it.

2. We are also told that the President was disgusted with Reince Priebus’s failure to “return fire” at the White House’s thuggish communications director. Wait, what? What kind of leader wants his staff to have public pissing matches? That’s a rhetorical question; the answer is obvious: a bad leader.

Yes, Priebus is a weenie: Ethics Alarms marked him so in 2015. Trump knows he is a weenie: if Priebus hadn’t been a weenie, he would have stopped Trump from getting the Republican nomination. He sold out instead.

Priebus is  a professional however, who knows, as Scaramucci and Trump do not, that a warring staff at the highest levels of government makes the public nervous and that government look like a Three Stooges short. As I wrote in the post about the Mooch’s outburst, Priebus and Steve Bannon should have presented their letters of resignation unless Scaramucci was disciplined. If Priebus was a weenie, so was Bannon. “Returning fire,” however, would have been disruptive and destructive. The President is angry with Priebus for  for being prudent, exercising restraint, being responsible, and being professional—in short, for conducting himself ethically. Continue reading →

A White House Of Assholes?* This Post Has Everything: An Ethics Dunce, An Unethical Quote Of The Month, An Incompetent Elected Official And, Of Course, KABOOM!

/ Jack Marshall / 104 Comments

I wouldn’t have thought that a Trump Administration employee’s unethical conduct could make my head explode. I thought I was safe. After all, my hopes may be too high, but my expectations are so low. But there are my brains, dripping off the ceiling.

President Trump has a ludicrous burning crisis of chaotic management, undisciplined leadership, incompetent subordinates and mass competition for the National Foot-Shooting Championship. I suggested that months ago that this could only be addressed by the President appointing an experienced political professional with proven management skills and leadership ability to whip the White House into shape. President Trump had a better solution to the burning crisis: throw the human gasoline named Anthony Scaramucci  on it!

Brilliant!

What an idiot.

Yes, the Incompetent Elected Official of this post is President Donald J. Trump.

But the rest is all Scaramucci, the new White House Communications Director with no experience or acumen in the field of communications and public relations. This was immediately evident from his first substantial communication with the news media,  a vulgar, unprofessioal, undignified, embrrassing and vicious phone interview with the New Yorker’s Ryan Lizza unlike any interview by any White House figure ever.

Highlights, or rather points of signature significance, each showing that a) the man is an arrogant asshole and 2) President Trump possesses no judgment in his choices of staff whatsoever. Negative judgment.

1. He said, “I’m not [Trump advisor] Steve Bannon, I’m not trying to suck my own cock … I’m not trying to build my own brand off the fucking strength of the President. I’m here to serve the country.”

2. After Lizza asked Scaramucci about a private dinner that he had with President Trump,  Scaramucci boasted: “I fired one guy the other day. I have three to four people I’ll fire tomorrow. I’ll get to the person who leaked that to you. Reince Priebus—if you want to leak something—he’ll be asked to resign very shortly.” Continue reading →

The Strange World Of Magic Ethics

/ Jack Marshall / 12 Comments

A recent controversy surrounding a hit magic show on Broadway has resurfaced an ethics tangent I was aware of but had forgotten about: magician ethics.

Magician Derek DelGaudio accused another magician of surreptitiously recording a video of an effect during a performance last month of his one-man show, “In & Of Itself.” The rival magician denied the allegation—it’s complicated, and you should read the whole tale here-–but the basic problem arises from the nature of magic tricks. They can’t be patented, because the patent would reveal how the magic trick was done in a publicly available source. This means, however, that a magician whose unique illusion he or she labored on and developed at great expenditure of time and expense can be stolen by another magician with the illusion’s creator having no legal recourse.

For a field that is all about fooling and deceiving people (who have consented to being deceived), magic has old and well-developed ethical traditions. Houdini, who took his name from a french magician named Robert Houdin, later exposed his role model as an unethical magician whose most famous illusions were stolen from other conjurers without payment or credit. Still, if a magician can figure out how another magician’s trick is performed by simply watching it, nothing legally or ethically dictates that that magician can’t perform the illusion as well. However, since magic is practiced by people who deceive for a living, it should come as no surprise that unethical practices are rampant. Continue reading →

Welcome To Incompetent Leadership And Toxic Management: President Trump’s Jeff Sessions Attack

/ Jack Marshall / 37 Comments

I detest bad leadership. I’ve studied leaders since I was 11, and studied management since I was 19. Incompetent leadership and inept management cripples business, the arts, sports, education, government, civilization, the world. I seldom see as horrible an example of both as in the case of President Trump’s verbal tirades against his own Attorney General,Jeff Sessions, first to Republican Senators at a White House dinner on this week,  and later in an interview with the New York Times. Sessions responded to his boss’s disgraceful behavior by saying that he intended to serve “as long as that is appropriate.”

The only reason it would be appropriate for anyone to work for a leader, executive, manager or supervisor who treats subordinates this was is patriotism. The nation has to be managed; the government has to function. Other than that, no one with honor, self-respect or a sense of responsibility should voluntarily subject themselves to the kind of abuse this President offers.  Reportedly the President insists on loyalty, but loyalty has to be minimally reciprocal. Criticizing a subordinate in public, as with the press, or in private, behind that subordinate’s back, is the equivalent of sin for any leader. It is cowardly. It’s unfair and disrespectful.  It is irresponsible, incompetent and stupid, stupid stupid. Continue reading →

The Tangled Ethics Of Men, Women, Sexual Harassment,Sexual Discrimination, Romance, Common Sense, And “Vive La différence!”

/ Jack Marshall / 144 Comments

Mike Pence would not have a business dinner with Debrahlee Lorenzana. What’s wrong with him?

Many years ago I did a sexual harassment seminar for a New York law firm. Afterwards, the partner responsible for handling the firm’s EEOC and workplace matters told me that my ethics-based approach to the topic wasn’t sufficiently rigorous, since he believed that innocent contact between employees in the firm could spawn lawsuits. “I refuse to travel with female associates,” he told me. “I can’t be sure what they will think is harassment.”

“Wait,” I asked. “So because you’re afraid of being accused unjustly of sexual harassment, you engage in sexual discrimination?”

He sputtered something and left to arrange his sock drawer.

I think of this conversation often. I thought of it when Vice-President Mike Pence was reported as saying in 2002  that he never had a meal with a woman who was not his wife, and was promptly savaged for it by feminists and the news media. Because the new rules and practices of the workplace have developed amid contradictions and rigid doctrine rather than with attention to whether they were workable or not, Pence and that hypocritical lawyer years ago are both victims and victimizers. It is often impossible to know what ethical workplace conduct is.

The New York Times was happy to bash Pence for his candor as part of a requirement of membership in “the resistance,” but then, as is often the case for the schizoid paper, later competently and objectively examined the issue away from politics. A Morning Consult poll conducted for the paper  found that there is widespread fear of one-on-one situations, male-female interactions in the workplace.  About 25% think private work meetings with colleagues of the opposite sex are inappropriate. Almost 2/3  say it is prudent to be especially wary and sensitive around members of the opposite sex at work. A majority of women, and nearly half of men, say it’s unacceptable to have dinner or drinks alone with someone of the opposite sex other than their spouse. Continue reading →