sexual harassment

A Brief #MeToo Related Note…

/ Jack Marshall / 9 Comments

“Judges have a special responsibility to promote appropriate behavior and report instances of misconduct by others, including other judges,”  states the executive summary of a report submitted to the Judicial Conference of the United States, referring to the workplace.

No, everybody has a special responsibility to promote appropriate behavior and report instances of misconduct by others—including judges, lawyers, artists, CEOs, managers, actors, journalists..all “others”) in the workplace.  Judges aren’t special. Anyone who allows a co-worker, a colleague, a superior, a manager or an officer to engage in workplace harassment without taking steps to expose it and end it is complicit in the victimization of the individuals harmed.

Someone ask Bill Clinton, who, hilariously, now says that he supports #MeToo, if he agrees with the above statement. How many people, do you think, had to fail their responsibility to promote appropriate conduct by him in the workplace, for him to obtain power and influence, and convert it to great wealth? Hundreds? Thousands? Tens of thousands? More?

Who else should we ask?

_________________________

Source: ABA Journal

The Epitome Of Organizational Incompetence: The Miss America Pageant Decides Not To Be The Miss America Pageant

/ Jack Marshall / 43 Comments

The ever-popular Miss America talent competition!

Now, don’t get me wrong: I believe the Miss America Pageant should have been euthanized decades ago. An  anachronism from the heyday of the Atlantic City Boardwalk, the beauty pageant seemed clunky, demeaning and embarrassing when I was a kid, when we had to watch the smarmy Bert Parks sing “There she is, Miss America!” while the winner’s tears washed her make-up down her cheeks. The talent competition was ridiculous; the answers to the judges’ questions were beyond parody. The women, however, did look smashing in their gowns and swimsuits. At least that was something.

But it was essentially a meat show, as my college roommate indelicately put it. The Miss USA and Miss World contestants were hotter, if dumber, and I always felt embarrassed for those women too. And don’t get me started on the Miss Teenage America pageant.

If you are going to have a Miss America Pageant, however, then you have it, and accept the fact that it’s wince-producing. If you don’t want to have such an event any more, then you kill it, that’s it. You don’t suddenly announce, “From today on, the Miss America Pageant is a trout fishing contest!” Isn’t that obvious?

Apparently not. Continue reading →

Morgan Freeman, Cultural Shifts, And The Dirty Old Man’s Dilemma

/ Jack Marshall / 72 Comments

I wondered how it was that Morgan Freeman, black, progressive, a Barack Obama enthusiast and the owner of a squeaky clean image, was hit with career- and reputation-endangering accusations of “inappropriate conduct” that were on balance far, far less alarming than the borderline or outright criminal offenses claimed by the victims of most of the #MeToo targets. Now we know: Morgan Freeman, then 79 , was interviewed by a young, attractive CNN reporter before the Harvey Weinstein story broke. The actor made creepy, sexually suggestive comments to her, and they bothered her as she continued to consider them during her maternity leave, which began soon after the interview. When she returned, Harvey Weinstein had been exposed, #MeToo was in full swing, and the reporter, Chloe Melas, had a new and unexpected male celebrity to investigate and perhaps take down.

This does not appear to be another example of a vicious abuser whom the Weinstein story allowed to finally meet justice after years of victimizing those who came within his sphere of power. All of the claims against Freeman are garden variety dumb, blundering sexual harassment without malice, almost exclusively by the spoken word. Although the news accounts mention “unwanted touching,” the only description of such touching involves Freeman touching a woman’s skirt and threatening to lift it. There have been no “groping” accusations, at least not yet.

Never mind. The allegations so far have already harmed, probably irreparably, the Academy Award-winning actor’s career. Visa has dropped him as its long-time spokesman. Honors he has received are being reconsidered. More penalties are sure to come.

Freeman issued a clumsy, non-apology apology, saying,

“Anyone who knows me or has worked with me knows I am not someone who would intentionally offend or knowingly make anyone feel uneasy. I apologize to anyone who felt uncomfortable or disrespected — that was never my intent.”

It’s a poor apology, but I believe him. He never intended to make anyone uncomfortable, and it didn’t occur to him that any woman would make a big deal out of being—from his perspective—flirted with, even naughtily, by a very old man and iconic movie star. In this, he falls not in the ugly Cosby, Harvey, Kevin, Matt and Charlie category but into the sadder George H.W. Bush class, which I will call “The Dirty Old Men Division.” Continue reading →

Unethical (And Stupid) Quote Of The Month: Harvey Weinstein Defense Attorney Benjamin Brafman

/ Jack Marshall / 7 Comments

“Mr. Weinstein did not invent the casting couch in Hollywood”

—–Benjamin Brafman, Harvey Weinstein’s defense counsel, as Weinstein surrendered to authorities yesterday in Manhattan.

The whole quote, as Brafman addressed reporters:  “My job is not to defend behavior. My job is to defend something that is criminal behavior. Mr. Weinstein did not invent the casting couch in Hollywood. To the extent that there’s bad behavior in that industry, that is not what this is about. Bad behavior is not on trial in this case.”

Good luck with this boob, Harvey. To begin with, his job isn’t to defend any kind of behavior; his job is to defend his client.  The way the English language works is that “defending” criminal behavior means arguing that criminal behavior is just fine, thank you. Defending against charges of criminal behavior, in contrast, means that a lawyer is making a case that there was none. If a lawyer can’t speak with more care and precision than this, when addressing reporters he shouldn’t say anything at all.. He essentially just admitted that his client committed criminal behavior and bad behavior, while also leaving doubt as to whether he understood that criminal behavior was also bad.

That’s just the stupid and incompetent part of the statement. The stupid and unethical part, the Unethical Quote of the Month, is an invitation to play, “Name that rationalization!” What difference does it make whether or not Harvey invented the practice of using power over young women’s careers and aspiration to extort them into being their sex toys? Have you ever heard of a defense attorney arguing to jury, “Come on! My client didn’t invent serial killing! What’s everyone so upset about?”  This is a blatant “Everybody does it” excuse, and an especially offensive one. Weinstein’s lawyer just made his first impression on te public—you never get a second chance to make one, you know—and he presented himself as a man who shrugs off coerced sexual submissiveness in the workplace as just one of those quirky Tinseltown traditions. Continue reading →

Morning Ethics Warm-Up, 5/23/2018: The Honored And the Dishonorable

/ Jack Marshall / 30 Comments

Good morning!

1. A major ethics condemnation of Harvard will be posted soon; this is just the ours de vours...Harvard is disgracing itself and embarrassing its alumni one more time by awarding Hillary Clinton the once-prestigious Radcliffe Medal—it can’t be prestigious after this fiasco–for her “transformative impact on society” as part of the school’s graduation activities this week.  Harvard says Clinton was chosen for the award because she’s a “champion for human rights,” a “skilled legislator” and “an advocate of American leadership” on the world stage.

Let’s get this straight up front, shall we? Harvard, headed by feminist social justice warrior Drew Faust, is giving an award named after Harvard’s now defunct sister school that championed female power, dignity, and achievement independent of men, to the woman who meticulously enabled, aided and abetted a serial harasser, sexual abuser, and philanderer by intimidating and disparaging his female victims, so she could ride on his coat-tails to achieve wealth, influence and power that she never could have attained otherwise. Once within reach of that power, she managed to botch two Presidential runs against unlikely underdogs, while reducing the feminist message to “vote for vaginas.” Meanwhile, she joined with her husband in creating a massive influence peddling business that made them both rich. Having lost a Presidential election that she only had to stay out of major scandals to win, she has become the only losing Presidential candidate in U.S. history to continue whining about her loss at every opportunity for 18 months, thus strengthening a negative female stereotype.

Did I miss anything? Probably. This is once more consolation prize Progressive Feminist Inc. is giving to Hillary as virtue-signaling, which is ironic, because it signals hypocrisy, corruption, and dishonesty.  She is an ethics corrupter. She has made the culture, politics, society, and the nation worse. Harvard’s award is just one more example.

2. Not exactly Lincoln-Douglas…The recent Munk debate–part of a series series of  discussions that the news media keeps calling “highbrow,” which only shows how lowbrow the news media is—considered the statement, “Be it resolved, what you call political correctness, I call progress…”

What you call “progress,” I call thought control, censorship, and partisan bullying, and I say the hell with it.  Race-baiting professor Michael Eric Dyson and left-wing pundit Michelle Goldberg defended the indefensible “pro” position, and probably believe it, too, which is depressing all by itself. The “con” side at least had glib, currently-in University of Toronto Clinical Psychologist Jordan Peterson, who has a best-selling book and who became a celebrity after winning a duel of wits with an unarmed British journalist. He was paired with British actor /entertainer Stephen Fry: these debates are so highbrow, the organizers don’t think anyone will watch them if they don’t have jokes.  Even if the sides had been fairly constructed (any team with Michelle Goldberg on it has been sabotaged), it’s a terrible debate topic. The day the “pro” side wins is the day “1984” has arrived. Predictably, “con” won, and this was in Canada, which doesn’t have a First Amendment (the term “political correctness’ is inherently hostile to freedom of speech, and don’t think for a second progressives don’t know it.)

So, saddled with a losing argument, Dyson did what he does: he played the race card. “You’re a mean, mad, white man,” he said to Peterson at one point. End of debate, if I am moderating. When you have to stoop to ad hominem attacks, you’ve lost.  An equally acceptable rejoinder by Peterson would have been, “And you’re a black son of a bitch.”

Technical knockout. And Dyson unmasked himself as the fraud that he is. Continue reading →

Morning Ethics Warm-Up, 4/28/18: Ingratitude, Dishonesty, Hypocrisy, Speech Suppression And Character Assassination…Is This A Great Country, Or What?

/ Jack Marshall / 6 Comments

1. An especially despicable example of airbrushing history. It’s done. Yawkey Way, the street bordering Boston’s iconic Fenway Park that was renamed in honor of the owner of the Red Sox and the park following his death in 1977, has been returned to its old name of Jersey Street. The team petitioned for the change, an example of ingratitude and willful betrayal seldom seen in a public institution. A rough equivalent would be the University of Virginia banning the name of Thomas Jefferson. It is not an exaggeration to say that the Boston Red Sox franchise owes it esteemed (and profitable) status in Boston’s culture to Tom Yawkey, who owned the team for almost half a century. He has a plaque in baseball’s Hall of Fame, too. But Yawkey, who was born in the 19th Century was a man of his time, and was late accepting the need to integrate baseball, like every other baseball team owner until 1947, when the Dodgers broke the color line. By the final decade of Yawkee’s ownership, he had certainly learned his lesson: his team had the longest stretch of excellence since Babe Ruth was sold, led by such black stars as George Scott, Reggie Smith, Jim Rice, Cecil Cooper, and Luis Tiant.

Never mind. Last year, Orioles centerfielder Adam Jones triggered a public relations crisis for the team when he claimed that he had heard racial slurs from some fans in the centerfield bleachers. (I don’t doubt him.) The easy solution was to throw Tom Yawkey’s memory under the metaphorical bus, since purging his name (his wife, Jean Yawkey, also owned the team after her husband’s death) from the franchise he built. It proves that John Henry is “woke,” you see.How cynical and cowardly.

(My previous posts on this topic are here.)

2. Another one bites the dust. Good. Representative Patrick Meehan (R-PA) had already announced that he wouldn’t be running again after it was revealed that he had paid taxpayer funds to a sexual harassment victim on his staff,  abruptly resigned yesterday to avoid a House ethics investigation. “While I do believe I would be exonerated of any wrongdoing, I also did not want to put my staff through the rigors of an Ethics Committee investigation and believed it was best for them to have a head start on new employment rather than being caught up in an inquiry,”  Meehan said in his disingenuous statement, insulting anyone who read it,“And since I have chosen to resign, the inquiry will not become a burden to taxpayers and committee staff.”

Riiiight.

Meehan also said he would payback  $39,000 to the Treasury to reimburse the cost of what he described as a “severance payment,” as in “negotiated damages for workplace misconduct that he didn’t want to have made public.”

Say what you will about #MeToo, it has chased a lot of public trust-abusing creeps out of Congress. Continue reading →

Morning Ethics Warm-Up, 4/27/18: Everything Is Spinning Out Of Control!!!

/ Jack Marshall / 37 Comments

Good MORNING, everyone!!!

(And good morning, little Louie..)

1. The state of American journalism, CNN’s Headline News quadrant: A recent poll claims that 50% of Republicans regard the news media as “enemies of the people.” Just because it is actively manipulating the news to try to topple the President of the United States? How unreasonable! No, I am beginning to believe that the 21st Century U.S. news media is really the Enemy of the Cerebral Cortex. On HLN this morning, James Comey’s disastrous interview on Fox News yesterday (among about 400 other stories of more relevance to Americans) was deemed newsworthy, but not one but two royal family stories were: the wedding dress for the American woman whose name I can’t remember who is going to marry the British prince who doesn’t matter on a date I don’t give a damn about, and, again, what the new royal great-grandchild’s name will be. The breathless reporting on these two world-altering events took over 10 out of the 40 minutes the network devotes to news rather than pharmaceutical commercials, a full 25%.

But that’s not all. HLN newsbabe Robin Meade emulated “Best in Show’s” Fred Willard’s cruelly hilarious send-up of Joe Garagiola’s embarrassingly lunk-headed turns as a “color man” at the Westminster Dog Show by asking the dumbest question, I think, I have ever heard on the air. If you haven’t seen “Best in Show” a) What’s the matter with you? and b) here are typical questions asked by Willard during the fictional dog show’s broadcast as “Buck Laughlin,” an ex-pro athlete, to his British dog expert  (“Trevor Beckwith”) co-host and others:

“Now tell me, which one of these dogs would you want to have as your wide receiver on your football team?”

“Doctor, question that’s always bothered me and a lot of people: Mayflower, combined with Philadelphia – a no-brainer, right? Cause this is where the Mayflower landed. Not so. It turns out Columbus actually set foot somewhere down in the West Indies. Little known fact.”

“Now that looks like a fast dog. Is that faster than a greyhound? If you put them in a race, who would come in first? You know if you had a little jockey on them…”

Robin, however, against all odds, topped Buck, asking the British reporter, after learning that the new total would be named, “Louis,”

“Now in American, when we hear that name we immediately think, “Louie Louie, oh no, yeah, yeah, yeah, yeah, yeah, baby.” Is that the way it is in England too? “

Continue reading →

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 →

Morning Ethics Warm-Up, April 12, 2018: Mistakes, Senators, Survivors, The Pope And Cosby

/ Jack Marshall / 8 Comments

Good morning!

(I’m in a good mood because this happened last night…)

1. Incompetent elected officials of the month…From Reason:

On Tuesday, the Senate Judiciary and Commerce, Science, and Transportation committees grilled Facebook CEO Mark Zuckerberg about the company’s insufficient efforts to protect users’ personal data…

Sen. Roy Blunt, (R–Mo.) … didn’t seem to understand that Facebook lacks a means of accessing information from other apps unless users specifically opt in…. Sen. Roger Wicker (R–Miss.) needed a lot of clarification on how Facebook Messenger interacts with cellular service. Zuckerberg had to carefully explain to Sen. Brian Schatz (D–Hawaii) that WhatsApp is encrypted, and Facebook can’t read, let alone monetize, the information people exchange using that service. Zuckerberg had to explain to multiple senators, including Sen. Dean Heller (R–Nev.), that Facebook doesn’t technically sell its data: The ad companies don’t get to see the raw information. Sen. Patrick Leahy (D–Vt.) brought along a poster on which his office had printed out images of various Facebook pages. Leahy asked whether these were Russian propaganda groups. “Senator, are you asking about those specifically?” Zuckerberg asked. He of course had no way of knowing what was going on with those specific pages, just from looking at pictures of them….Sen. Amy Klobuchar (D–Minn.) offered this metaphor: “the way I explain it to my constituents is that if someone breaks into my apartment with a crowbar and takes my stuff, it’s just like if the manager gave them the keys.” But …Facebook didn’t willfully assist in a crime. …Sen. Debbie Fischer (R–Neb.) didn’t understand, at a fundamental level, that if you’re using Facebook, you have agreed to let Facebook know a lot of information about you. Sen. Lindsey Graham (R–S.C.) asked whether Facebook had any major competitors. …

 

This is a theme of regulation, rules and laws in the cyber age: the officials responsible for regulating the uses and abuses of technology don’t use the technology involved, don’t understand it, aren’t willing to take the time to learn, and are apparently not even aware of how irresponsible and incompetent this is, how stupid and lazy it makes them look, and how it undermines the public trust.

2. But don’t worry…In his testimony, Zuckerberg said that Facebook was working on a way to ban “hate speech.” I can’t wait to see what the left-wing crypto-fascists who run the Big Tech giants consider “hate speech.”  Actually, we have some pretty good clues. Facebook silenced pro-Trump video-bloggers “Diamond and Silk,” deeming their political content “unsafe to the community.” Continue reading →

Morning Ethics Warm-Up, 4/6/2018: The Good, The Bad, And The Ugly

/ Jack Marshall / 34 Comments

Gooooood Morning!

1. From the Moral Luck files:

What you just saw is a bald eagle landing on Seattle Mariners starter James Paxton’s shoulder during the National Anthem before yesterday’s Mariners-Twins game.  Here’s a closer look…

The eagle got confused: it is supposed to go to his trainer, in one of the more spectacular Anthem displays that has ever been devised: I’ve seen this performance several times.  After the game, Paxton was asked why he didn’t try to escape. His answer:

“I’m not gonna outrun an eagle, so just thought, we’ll see what happens.”

Heck, he had already endured the horror of Dessa’s incredibly off-key rendition of “The Star Spangled Banner,” what’s a mere bald eagle attack? Seriously, Paxton’s quote is an ethics guide: Don’t panic, don’t act on emotion, assess the situation, see what happens, and act accordingly. Of course, the fact that this strategy worked out well helps: if the eagle had ripped his eyes out, everyone would be saying Paxton was an idiot not to run.

How I would have loved to see this happen to Colin Kaepernick!

2. How the President gets himself into ethics trouble. I just watched a clip of Trump speaking yesterday about California’s sanctuary cities. “The thing is that these cities are protecting bad people,” he said, with emphasis. Naturally, this will be characterized as racism. It’s not racism, however. The statement is just overly simplistic, and exacerbated in its inflammatory elements by the President’s rudimentary vocabulary, in which the only operable adjectives appear to be great, bad, horrible, wonderful, terrible, sad, and a few more. It is impossible to communicate about complex issues competently and fairly with such meager tools. Illegal immigrants have broken our laws and willfully so. That is not good, but it does not make all of them bad people….though many are. Continue reading →