Aaaand THEY’RE OFF! The Week’s Ethics Race Begins, 4/1/2019: No, Ethics Is Nothing To Fool About…

Good morning!

(and I’m not fooling…)

1. Why is this result considered good news? McLaughlin & Associates, a research firm, conducted a poll online March 18-25 asking the question, “Would you favor or oppose an executive order ensuring that free speech would be protected on all college campuses?” With 1,000 likely 2020 voters thus polled, the results showed 73% in favor of protecting free speech on campus, 18 % opposing, and the typical 9% of slugs who said they were “unsure.” McLaughlin and Associates found “no statistically significant difference by education level, with college graduates favoring the executive order 72 percent to 21 percent and non-college graduates favoring 74 percent to 16 percent.” Similarly, men and women both favored  the executive order at a rate of 73%, and there was no significant difference by party affiliation either.

The fact that less than 75% of American citizens whole-heartedly support freedom of speech in higher education is no less than horrifying, and shows how badly the ahte speech and thought-control termites have gotten into our foundation.

2. Speaking of those inherently untrustworthy polls a Washington Post-Schar School poll found that nearly two-thirds of registered Democrats reject special counsel Robert Mueller’s finding of no collusion between President Donald Trump’s campaign and Russian meddling in the 2016 election. It’s a “Don’t confuse me with facts, my mind’s made up!” classic, and also demonstrates how believing the mainstream news media agitprop because their biases fit neatly with yours—except you’re not paid to be objective and indep…oh, never mind. Why do I bother?—eats your brain. What in the world to these alleged (poll assertions are always alleged at best) skeptics base their beliefs on, other than the fact that, like Rachel Maddow, they so,so,so want our President to be an impeachable traitor? Mueller spent three years shaking down people and crushing them with his  prosecutorial boot to get evidence of Trump collusion that would stand up in court, and failed. And those Democrats know better? Continue reading

Saturday Ethics Warm-Up, 3/30/2019: The Hit On Biden, The Bulwark Shows Its Stripes, I Told You So, And Deceit

Finally, it feels like Spring!

I swear this would have been a morning warm-up if my computer hadn’t crashed. For several months now, the now 9 year -old PC I inherited new from my Dad has been either freezing or shutting itself off for no apparent reason and with no warning, sometimes up to five or six times a day. This is what working with narcolepsy must be like…I am always typing or researching with the possibility in the back of my mind that everything could just stop. Sometimes I just have to reboot the computer, and sometimes it takes me multiple tries, sometimes I get it running only to have it crash again almost immediately, and sometimes I have to unplug everything from the tower and try all sorts of diagnostics. The latter is what happened this time.

1. A new way to illustrate “deceit!” for many years I have been telling the story illustrated by this movie clip to explain to classes what deceit is.

An attorney came up to me after a seminar this week and told this story from a recent experience. He and his wife had met another couple at an event, and socialized for the evening, The man was a lawyer, and told them that he had never had his Bar Mitzvah, but on that very day had finally gone through the ceremony, at the age of 50. Weeks after the encounter, the attorney said that he received a letter from the man, asking if he would serve as a reference. He wrote back, he said, to decline, explaining that he had only met the man once, and couldn’t credibly vouch for his character or any professional skills or abilities.

Then, he told me, he had an inspiration. “I could write a letter truthfully saying, “I’ve known this man since his Bar Mitzvah!”

2. I could see this coming. Why couldn’t Joe Biden see this coming? Way back in 2015, when Biden was trying to decide whether to throw his metaphorical hat into the ring for the 2016 election, his creepy Dirty Old Uncle act was a matter of record, and concern, to Democrats and others who were paying attention…and that was before the Harvey Weinstein Ethics Train Wreck started rolling. When the 2020 Presidential sweepstakes opened for business, Ethics Alarms pointed out many times that no white male candidate would survive the process, because the feminist end of the party would either find an old episode  of sexual misconduct, abuse or harassment to disqualify him ( “The Al Franken” ) or manufacture one (The Kavanaugh), making that male candidate radioactive. I also noted that this especially made Joe Biden’s candidacy a pipe dream, because there are already ample examples of photographic evidence of Biden’s handsiness like this…

…and what are the odds that Joe only engages in unwanted touching when the cameras aren’t clicking? But the biased mainstream news media dutifully presented Biden as formidable candidate, never mentioning this ticking time bomb, even as #MeToo hung the scalps of other one-time liberal heroes on its belt, most recently Southern Poverty Law Center founder Morris Dees. Why would they do this? Maybe they recognized how objectively horribly unqualified and unelectable the women running so far are. Most likely the memo from the Democratic High Command hadn’t arrived yet. Whatever the reason, it should now be clear that Joe is no longer welcome in the race. Continue reading

Morning Ethics Warm-Up, 3/14/2019: Talking The Walk, Or Not

Good Morning!

1. Fight racial hate with cognitive dissonance. It is apparent that the Left’s battle plan depends on making sure that minorities hate and fear white people, and it’s up to whites and all the shades lumped in with them—I’m kind of olive colored, or as an old girl friend used to say, “green”—to foil it. It’s simple cognitive dissonance: the more positive experiences minorities have with whites, the more the cognitive dissonance scale works in favor of racial respect and comity.

Yesterday, in a rush, I arrived in the line to pick up my drug refills simultaneously with an African-American man who was probably about my age, and looked pretty grim. I asked him if he wanted to play paper-stone-scissors to see who got to go first. He appeared genuinely startled that I spoke to him, then smiled and told me to go ahead. “You sure? ” I asked. “I really like playing  paper-stone-scissors !” He waved me ahead of him, and I noted that I was rushing to pick up a carry-out order from my favorite Chinese restaurant.

“That’s a good reason to be in a hurry,” he said. I asked him if he liked Chinese food, and he nodded, so I asked if he had eaten at The Peking Gourmet Inn nearby. (It really is the best Chinese eatery in the D.C. area, and except for a little hole in the wall we stumbled into in London, the best I’ve ever encountered.) He hadn’t, so we got in a long conversation about the menu, how to get there, why he really owed it to himself and his family to check it out. I also learned that he and I both favored the same local Thai restaurant. Great guy.

After I got my pills and started to leave, he crossed over to me with his hand outstretched. “Thanks for the tip,” he said, with a big smile. “It was nice talking with you.” “Same here.” I said, as we shook hands.

One down, about a hundred million to go. Of course, if he had been much younger, I never would have been able to talk to him because his eyes would have been glued to smartphone screen…. Continue reading

More Amazing Tales Of “The King’s Pass”: The Megan Barry Saga

You can’t make this stuff up. Well, you could, but nobody would believe you. That’s not quite right: I would believe you, but then I’ve seen this story.

Maybe you’ve seen some of it. There are interesting posts on Nashville’s disgraced and jettisoned mayor here, here, and here. 

Surely you read them. No? I forgive you—after all, Facebook deems the output of this blog not fit for human eyes, so why should anyone bother reading, especially when Ethics Alarms persists in pointing out the astounding double standards being fought for in the media and by progressive warriors? Here, let be provide some quick bullet points as a review, kind of like those Netflix shows do in their second seasons to recap the previous season…

  • “Nashville’s first term mayor Megan Barry admitted yesterday that she had an extramarital affair with the police officer in charge of her security detail. She apologized “for the harm I’ve done to the people I love and the people who counted on me” but said she won’t be resigning. In a news conference, she said nothing illegal happened and no policies were violated.” The Nashville Mayor’s Affair, 2/1/18
  • (Same source as above): “This is sexual harassment. The officer was a subordinate, and she was his boss, with the power to fire him or worse. There can be no genuine consent in such situations….the conservative media constantly points out that when Republicans are involved in scandals, the news media always places their party affiliation in the first paragraph, but when the miscreant is a Democrat, it is buried or not mentioned at all. Let’s use this story as a test:1. NOLA (local), below: No mention of the Mayor’s party at all.2. The Tennessean (local), below: Third paragraph.3. USA Today: 22nd paragraph!

    4. NPR: Nope!

    5. NBC: Nope!

    6. ABC: Nope!”

  • And this just in! Nashville’s main newspaper, the Tenneseean, reports that Rob Forrest, the Mayor’s married lover, earned substantially more overtime than the other bodyguards on Barry’s secuirty detail, $173,843.13  between July 2015 and January 2017, which was nearly $53,000 more than the other four bodyguards received combined. But, as several internet wags have noted, let’s be fair: Rob was doing more for the mayor than those other bodyguards..How Many Rationalizations Can You Spot In This Op-Ed? (2/20/18)
  • “The statement is a whitewash, a delusion, and a lie. It is the upbeat farewell of a successful leader, not what it should be, the humble request for forgiveness from a terrible one, acknowledging wrongdoing and promising to be better. The statement shows no contrition, no remorse, no accountability, no courage, and no conscience. Based on these words, I think Megan Barry is a sociopath.” Unethical Quote Of The Week: Nashville Mayor Megan Barry’s Resignation Statement, 3/7/18
  • Same source: “… after various revelations that suggested illicit and excessive compensation somehow made their way to her huggy-bug, both Barry and paramour Robert Forrest had to plead guilty to theft of property over $10,000 — a Class C Felony. She will pay $11,000 to the city in restitution and serve three years’ probation, as will Forest, though he will have to pay back $45,000 to the city.”

Continue reading

The Cheerleader Awards

What would EVER possess someone to give out body part awards to cheerleaders?

This astounding, depressing story, out of Wisconsin, not only makes me wonder about the ethics alarms of everyone involved. It makes me wonder about whether such alarms exist in out species.

Kenosha’s Tremper High School  cheerleading squad held its annual banquet last March,  and handed out some “gag awards” to members of the squad. Among them:

  • The Big Boobie Award. for the girl with the biggest breasts. The coach giving the award joked that the girl  concussions when she ran because  her “enormous boobs” might flip-up and knock her out.
  • The Big Booty Award.  The coach presenting that one said: “We love her butt. Everybody loves her butt.”
  • The String Bean Award, given to a  freshman who “was so light and skinny.”
  • The previous year, a blonde wig was awarded to a cheerleader for being a “ditzy girl.”

The one hundred guests at the event included many parents. Apparently the coaches were surprised that many of them had problems with the tenor of the “awards.”  As this year’s awards approached, and after the school and its coaches had brushed aside the complaints, arguing that it was all in good fun, the ACLU interjected itself for some reason. (A parent sicced the civil rights group on the school.) From the Times story: Continue reading

The District Of Columbia Bar’s Proposed New Anti-Discrimination And Harassment Rule

In May of 2018, I wrote about the ABA’s new anti-discrimination and harassment rule, 8.4 g, which has been heavily criticized, and, in Tennessee, declared unconstitutional. Here, again, is the text:

“It is professional misconduct for a lawyer to… engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline or withdraw from a representation in accordance with Rule 1.16. This paragraph does not preclude legitimate advice or advocacy consistent with these Rules.”

Undeterred (and as I predicted), the always “woke” District of Columbia Bar is charging ahead with a version of the rule, and asking for comments from members (like me) on its proposed version, which would replace the current, much narrower anti-discrimination rule currently enforced, Rule 9.1. Here is the D.C. draft:

D.C. Rule 9.1 (Nondiscrimination and Antiharassment)

It is professional misconduct for a lawyer, with respect to the practice of law, to engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, family responsibility, or socioeconomic status. This Rule does not limit the ability of a lawyer to accept, decline or, in accordance with Rule 1.16, withdraw from a representation. This Rule does not preclude providing legitimate advice or engaging in legitimate advocacy consistent with these Rules.

Hmmmm. Continue reading

Unethical, Shameless, Gutsy, Creepy Or Thought-Provoking: Kevin Spacey’s Christmas Video

What do we make of this, released by actor Kevin Spacey lastweek almost at the same time as he was being indicted for sexual assault?

Yikes.

The much-acclaimed actor  career collapsed in 2017 as more than 30 people claimed that Spacey had sexually assaulted them. Now he is speaking in the persona—with accent!— of his Netflix series villain, Frank Underwood, the central character of “House of Cards.” Or is he? Much of the speech seems to refer to Spacey’s own plight, and suggests that the actor is being unfairly convicted in the court of public opinion. By using the voice and character of an unequivocal miscreant however, for Frank is a liar, a cheat, a sociopath, indeed a murderer, such protests are automatically incredible.

Or is Spacey making a legitimate argument that an artist’s personal flaws should be irrelevant to the appreciation of his art, especially in a case like “House of Cards,” where the actor’s role can’t possibly be undermined by the actor’s own misdeeds: whatever one says or thinks about Spacey, he can’t  be as bad as Frank Underwood. If you enjoyed watching Underwood destroy lives on his way to power, why should Spacey’s conduct, even if it was criminal, make you give up the pleasure of observing his vivid and diverting fictional creation? This isn’t like Bill Cosby, serially drugging and raping women while playing a wise, moral and funny father-figure. Spacey seems to be arguing that there should be no cognitive dissonance between him and Underwood at all. Who better to play a cur like Frank  than an actor who shares his some of his darkness? Continue reading

Morning Ethics Warm-Up, 12/28/18: As 2018 Runs Out…

Good Morning!

1. By the way… I want to thank all the stalwarts who have kept the comments lively over this holiday period, when traffic traditionally  all-but-halts at Ethics Alarms, and the 2018 installment has been especially slow, like the whole %^&$#@ year, really. It’s no fun speaking into the winds and shouting into the abyss. The responses and feedback mean a great deal to me, and I am grateful.

2. This sexual harassment concept really shouldn’t be so hard to grasp...but you know how it is when there’s a way to use  legitimately wrongful conduct to  justify exerting power over another—-they’ll streeeeeetch the definition as far as it can go and beyond. This is creative, I must say: A University of Missouri official was questioned regarding a case where a black male Ph.D. candidate asked a white female fitness trainer to go on a date and was eventually suspended from the school for sexual harassment and stalking.  In her deposition in the current appeal, the official suggested that the fact that the male student was larger than the female student gave him “power over her” and violated school policy.

This, of course, would make all instances where a larger male asks a smaller woman out in a school or workplace setting potential harassment, depending on whether she decided later that she was intimidated.  I presume that this would also apply in the rarer circumstances where a larger woman asks out a smaller man…here, for example:

I wonder if the heels count?

3. More over-hyped harassment: A white paper by the National Sexual Violence Resource Center and Urban Institute classifies hard staring as sexual violence. Amy Alkon relates an incident when a victim of such staring called it “rape,” and indeed, “stare rape” is now recognized in some deranged setting as an offense. Continue reading

One More Reason Not To Watch “Bull”

Harassed and harasser. Guess who stayed employed?

“Bull,” the CBS legal drama starring Michael Weatherly as a roguish, brilliant jury consultant who violates so many ethics rules on behalf of the submissive lawyer who employs him that it actively makes viewers dumber, reached my boycott list almost immediately. It’s a shame, because I could get a lively post, sometimes several, out of virtually any episode, since the show’s respect for ethics, professional and otherwise is non-existent.

Now there’s another good reason to avoid “Bull.” CBS has investigators checking the depth and length of the cultural norms of sexual assault, harassment and cover-ups at CBS, where CEO Les Moonves was recently fired after it was revealed that he was a serial sexual predator. That was odd, too, because the other networks enjoyed painting Fox News as a den of sexism after founder Roger Aisles was exposed as exactly the sort of pig who would make his female talent dye their hair blonde and dress like cocktail hostesses. They also had their news reporters sneering and preaching about evil Candidate Trump boasting about “grabbing them by the pussy” while their execs and stars were actually doing it. (My guess? Every one of the major networks has corrupt, harassment-supporting cultures like Fox and CBS. Every single one.) One of the revelations was that actress Eliza Dushku, the bad vampire slayer on “Buffy,” was harassed repeatedly by “Bull” star Michael Weatherly, and when she complained about it, was fired. To cover-up, Dushku was paid nine million dollars as damages and hush money. As you know, this must have been a campaign financing violation.

The story is disgusting. Read it and retch. to summarize, Weatherly, who apparently is very much like the charming jerks he plays, pet making sexual comments to Dushku, calling her “Legs” on the set, suggesting that she participate in “threesomes” and similar comments. Soon other men on the show were doing the same. Dushku, who had been signed up play a continuing role on the show, complained—as she should have—and Weatherly had her fired. Then CBS paid to cover it up.

Nice.

It is amazing to me that even in the ethics cesspool of show business, this behavior continues to happen, and big corporations continue to allow it, indeed facilitate it. Weatherly says he was misunderstood, that he was joking—like when he said in front of the cast and crew that he would bend her over his leg and spank her, or when he said he would take . Dushku to his “rape van,” which he said was filled with phallic objects and lubricant—that this is just the way he is, that he didn’t mean anything by it and is sorry that he upset anybody.

Bull.

This is classic sexual harassment, and would have been rude, unprofessional and abusive conduct before the term “sexual harassment” was invented.

I have had many female peers and subordinates in my embarrassingly diverse career, including many who were single, attractive, and who caused my heart to skip a beat every time I saw them. I never once made a sexually suggestive comment to any of them; it would not have occurred to me to do so. The reason is that I was raised properly to be respectful to women, and because I instinctively understood that the workplace, even the confusing workplace of show business, was not a locus where basic manners and common sense were suspended. This shouldn’t be hard. That particular ethics alarm should be installed and fully functional by the time a child is 10.

Weatherly, of course, as the star of a successful, popular and lucrative show, assumed that he was immune from discipline, and he was, sadly, right. What should have happened was that the producers should have called him in to grim scene with lawyers present. He should have been told that his conduct was not only stupid and vulgar but illegal. He should have been required to apologize to the actress and to make an appropriate statement to the cast and crew. Finally, he should have been told that a single instance of this kind of conduct, or any hint or retaliation against Dushku, would result in his dismissal for cause.

Disney and ABC, you will recall, fired Roseanne Barr from her own show for a single tweet. Even a CBS show had acted decisively when “Criminal Minds” fired star Thomas Gibson for kicking a writer. Ah, but one instance was racism, and the other was violence. The tragedy is that too many organizations and powerful men, especially in Hollywood and Washington, D.C., still don’t see sexual harassment as all that big a deal. No, it certainly doesn’t help the the President of the United States also doesn’t think it’s a big deal, but you can’t blame CBS’s conduct on him.

There is no excuse for this. There was never any excuse for this.

Analysis: Neil DeGrasse Tyson’s #MeToo Accusations And His Response

Oh, great…the Harvey Weinstein Ethics Train Wreck is still making stops and picking up passengers. This time the target is Neil deGrasse Tyson who someone, actually several somones, decided was a powerful man too full of himself who needed to be taken down a peg or sixty, and thus he has been accused–Democratic Senators would say “credibly” accused—of two episodes of sexual harassment and one rape. This is no trivial matter for Tyson, whose carefully constructed image as the new Carl Sagan is now in real danger. So is his job, his celebrity, his reputation and perhaps his marriage.

The three accusations belong in two boxes. The two sexual harassment claims may bolster each other, for harassing is an attitude, a habit, and a form of ethics blindness. Real harassers never do it just once. Rape is something else entirely, and, obviously, far more serious, since it is a crime.

Let’s examine each of the accusations, and Tyson’s defense, which he issued in a long Facebook post over the weekend.

Accusation #1:

Workplace Harassment: Hostile work environment and Unwanted sexual advances (2018)

Ashley Watson, who began a job as Dr. Tyson’s assistant on “Cosmos” in the spring, told an interviewer that on one occasion he asked if she would like to come to his home to share a bottle of wine and “unwind for a couple of hours.” She agreed to come in for one glass, she said, believing that they were going to talk about work and her future assignments.

Once in the astronomer’s apartment, she said, he told her that “as human beings, we all need release,” and asked if there were any “releases” she needed.  (Oh-oh!) As she began to leave a while later,  and he asked if she would let her show her  a Native American handshake.” This required clasping their hands together , finding the pulse on the other person’s wrist, and looking into each other’s eyes. (Super Oh-oh, and also “You’ve got to be kidding me.”) She says that it made her uncomfortable, and she broke it off after about 10 seconds.

As she was again trying to leave, she says Dyson commented, “I want you to know that I want to hug you so bad right now, but I know that if I do I’ll just want more.”

Then, the next day, he told her, “You say you want to be a producer, but it’s always going to be an uphill battle for you because you’re too distracting.”

She says told a supervisor ,a line producer,about what had happened, and that she was quitting.. The supervisor, asked Watson if she wanted to file a complaint. She said no. The supervisor suggested she tell her co-workers that she was leaving because of a family emergency, which she did.

Comment: If accurately described, this is slam dunk sexual harassment. The apartment visit is an extension of the workplace. If it is a veiled “date,” Tyson has crossed a line because he is the woman’s supervisor with hiring and firing power. She cannot consent meaningfully. The release comment, depending on the delivery and context, is creepy and plausibly sexual in intent, unless he also said, “Me? I like to watch baseball. How about you?” The “Native American handshake” sounds like a nifty version of the old “shoulder rub.” Now there has been touching, and forced eye-gazing. Ew. The last comment at the apartment  is also a sexual advance, especially in context with the rest.

Tyson’s Explanation: Not good. In his Facebook post,  Tyson described the handshake as one he uses “in appreciation of people with whom I’ve developed new friendships.” He said that at work, Ms. Watson freely offered hugs, which he typically rejected, but that on a few occasions, he “clumsily declared, ‘If I hug you I might just want more.’”

“My intent was to express restrained but genuine affection,” he wrote.

He also wrote that . Watson had come into his office after the incident in his apartment and told him she had been “creeped out.” He said he had “apologized profusely” and that she had accepted the apology.

Comment: Tyson’s defense is essentially “I didn’t mean anything by it, she construed it the wrong way, and anyway, she accepted my apology.” Those are three excuses, none of which carries any weight in sexual harassment cases. It’s what the harasser did, and how the harassed felt about it that matter. His apology and her acceptance of it, even if true, do not and cannot undo the event. The encounter and his words  made her uncomfortable working with him, and objectively, anyone can see why. It is also interesting that Tyson doesn’t deny the “release” conversation, or his later comment about her being a distraction.

Since Watson had to leave her job, this episode could justify a lawsuit for sexual harassment.

Accusation #2: Sexual assault (2009)

Continue reading