Someone Explain The Kobe Bryant Photos Case To Me, Because I Don’t Understand It At All

It appears to be a triumph of “ick” over both law and ethics.

Kobe Bryant’s widow, Vanessa, was awarded $16 million as her part of a $31 million jury verdict Wednesday against Los Angeles County. Deputies and firefighters had shared gruesome photos of the NBA star; their 13-year-old daughter, Gianna; and other victims killed in a 2020 helicopter crash; the family of those other victims received the rest of $31 million. The nine jurors unanimously agreed with Vanessa Bryant and her attorneys’ argument that the photos invaded her privacy and caused emotional distress.

I’m sure they caused emotional distress. But how can an event that occurs in public be declared sufficiently private to have the protection of the right to privacy? If a journalist had taken the photos and published them, or shared them on a news website, presumably there would be no way Bryant’s widow would have a cause of action. I don’t see how a bystander with a cell phone could be blocked or sued either. These pictures were shared mostly among employees of the Los Angeles County sheriff’s and fire departments.They also were seen by some of their spouses and in one case by a bartender at a bar where a deputy was drinking. Well not to be unsympathetic, but so what? How does the right to privacy make reality a personal property protected by the law? If the bloody crash occurred where a crowd of a hundred people could see it, how would the law black them from taking photos and showing them to friends?

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And The Civility Slide Continues…

Don’t tell me this is funny. It’s not funny, as Jack Nicholson says in “Few Good Men.” It’s tragic.

West Virginia Gov. Jim Justice (R) , in his annual State of the State address, felt it necessary to further degrade public respect in elected leaders by telling Bette Midler to kiss his dog’s ass—OK, he said “hiney.” What a genteel gesture.

At the tail of an hour-long address, Justice lifted his bulldog and displayed “Babydog’s” anus et al. to say to the critics of Sen. Joe Manshin who denigrated his state while savaging him for not following in lockstep to the Lockstep Party,

They never believed in West Virginia that we could do it. They told every bad joke in the world about us. And so from that standpoint, Babydog tells Bette Midler and all those out there, kiss her hiney.

What a clod. There’s nothing like giving support to the dolts like Midler who resort to stereotypes and ad hominem attacks to make their ignorant political arguments by behaving just as crudely as the bigots expect.

This doesn’t help.

Let’s have a pool on who will be the first elected official to tell critics, “Suck my dick!”

My money’s on a female.

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

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

Tales Of The Slippery Slope: Paroling Sirhan Sirhan

RFK assass

Newly elected Los Angeles County District Attorney George Gascón issued a directive that his office’s “default policy” would be not to attend parole hearings and to submit letters supporting the release of some inmates who had served their mandatory minimums. Now Sirhan B. Sirhan, the convicted assassin of Sen. Robert F. Kennedy, will be a beneficiary of the policy as he faces a California parole board for the 16th time tomorrow. in a prison outside San Diego. Unlike the first 15 times, no prosecutor will oppose his release.

Sirhan is now 77. He escaped execution when California, being California, abolished the death penalty and his sentence was reduced to life with the possibility of parole. Instead of death, then, his punishment for murdering a possibly transformational U.S. political leader might be only 53 years behind bars. It could have been fewer: under the California law in effect when the assassin struck in 1968, a life sentence with parole would have made Sirhan eligible for release after only seven years. Now the parole board will evaluate him as an inmate who has had no disciplinary violations since 1972, and has expressed remorse, sort of: at one, “I have feelings of shame and inward guilt … I honestly feel the pain that [the Kennedys] may have gone through.” On the other hand, he has never expressly admitted his guilt and now claims not to remember shooting Bobby.

Funny, you’d think he would recall something like that.

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Annals Of “The Great Stupid”: Pro Baseball Postpones a Game Because A Black Man Is Shot By A Police Officer

Today I arranged my day so I could watch the Boston Red Sox (who are on a roll) play the Minnesota Twins in a day game at the Twins’ park. Minutes before the game, it was called off, though the sun was shining and a crowd was on-hand. Why? Well, Daunte Wright, 20, was killed by a police officer in Brooklyn Center, Minnesota., about 10 miles northwest of Minneapolis.

This has, or should have, nothing whatsoever to do with baseball, or any other activity in the Twin Cities or anywhere else. It is a local law enforcement event, and as of now, it is impossible to determine what happened with certainty. Never mind, though: Black Lives Matter has decreed that every death of a black man or woman in a confrontation with police is by definition an undeniable example of race-motivated homicide, and the proper response is to riot.

First and foremost, the proper response is never to riot. Protesting and demonstrating are seldom the proper responses either. Second, rioting, demonstrating, protesting, and making accusations about an event before it has been made clear what in fact occurred, is irresponsible, dangerous and indefensible always, with no exceptions.

The female police officer shot Wright yesterday afternoon after pulling his car over for a traffic violation and discovering that he had a warrant out for his arrest. The police tried to detain Wright; he briefly struggled with police, and then he stepped back into his car, apparently trying to flee.

Of course he did. In the vast majority of these police-involved deaths with black Americans involved, the eventual victim resists the lawful orders of police. George Floyd did it. Mike Brown did it. In such cases, I bristle when I am told, as I heard one activist say today, that the community should “honor” the victim by not rioting. Those who get shot or killed as a direct result of resisting arrest should not be “honored,” because that is not honorable conduct. It is anti-social conduct that ruins some lives and ends others.

Body-camera video released by the police department shows the officer shouting, “Taser!” before firing her gun. She is then heard on the video saying, “Holy shit. I just shot him.”

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Just Bake The Damn Cake, Jack!

trans cake

Jack Phillips, the stubborn Christian baker who owns Masterpiece Cakeshop in Lakewood, Colorado, is being sued again, this time because he refused to make a custom cake celebrating a clients’ gender transition. In 2012, the baker refused to bake a custom cake for a same-sex wedding and was accused of unlawful discrimination on the basis of sexual orientation.

In Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018), the Supreme Court ruled 7-2 for Phillips overturning the decision of the Commission on the grounds that it was obviously biased against him as well as devout Christians. One commissioner even compared Phillips’s invocation of his Christian beliefs to justify rejecting the cake design to defenses of slavery and the Holocaust. Yeah, I remember that the Nazis were really unreasonable about cakes. SCOTUS never reached the constitutional question of whether the government can compel people to create speech or artistic expressions they object to on religious grounds or otherwise.

If a custom cake design is art, then I think the answer to this is easy: no. Similarly wedding photographs, though if you used what we got from our wedding photographer, calling them “art” is a stretch.

With a conservative Supreme Court, the baker wins. And yet…

The first time around, after finally getting all the facts, I held that both Phillips and the gay couple who obviously targeted him to bend him to their will were being jerks. My position hasn’t changed a bit. I wrote here,

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Ethics Quiz: Positive Devlopment Or Slippery Slope?

This ad will run on the NBC Golden Globes Award broadcast:

A similar commercial had previously been rejected by ABC.

Cowabunga! Your Ethics Alarms Ethics Quiz of the Day:.

Is presenting this commercial on a prime time broadcast network a positive development for society?

Or, in the alternative, is it feminist grandstanding by NBC? Will it inevitably lead to graphic male enhancement ads?  If women can be topless in this commercial, on what basis will anyone be able to argue that breast-bearing shouldn’t be routine in entertainment programming?

Tuesday Ethics Torture, 2/23/21: Stevey’s Going, Peter Suprises, Ian Shrugs, And California Dictates…

Torture of Brinvilliers, 17th Century

I spent a half-hour searching for ethics stories that made me feel good. All I found was more sources of gloom and depression. I have a headache, and no matter how many times I play, “Zing! Went the Strings of My Heart!,” it doesn’t male me want to laugh, gambol and frolic….

1. Normally the baseball season’s impending approach would cheer me up, as it has for more than 50 years (and that’s another damn thing—I can’t possibly be that old), and this time, nothing. It’s like I’m dead inside. The twin curses of the Boston Red Sox pandering to Black Lives Matter and the team’s rehiring of a proven, and as far as I can see, unrepentant cheater as manager have apparent sucked all of the joy out of what has been a lifetime passion. Now I’m bothered more by the flaws that once I would have shrugged off, like this one: Ian Desmond, a 35-year-old outfielder with the Colorado Rockies, has “opted out” of playing for the second straight season.

“For now, I’ve decided to opt out of the 2021 season,” Desmond wrote on Instagram. “My desire to be with my family is greater than my desire to go back and play baseball under these circumstances. I’m going to continue to train and watch how things unfold.” Between the two seasons, the player has now walked away from a combined $13.56 million. He was owed $8 million this year and was set to make $5.56 million of his prorated $15 million salary last season, though the Rockies have a $2 million buyout for 2022.

Desmond, 35, hit .255 with 20 homers in 140 games in 2019. He’s not special. Yet he has made so much money in a slightly above average career that he can afford to toss away millions of dollars. An industry that pays its workers so much that they have no financial incentive to work makes no sense, and any team that would keep a player like Desmond, whose attitude is, “Eh, I don’t feel like playing baseball…maybe later,” is foolish. He’s healthy, relatively young, and his risks of serious health problems from the Wuhan virus are slim: my grocery store clerks face greater risks by far. Yechhh.

2. Slippery Slope Warning! The slippery slope is both a phenomenon and a fallacy, as when someone objects to something benign by arguing that it creates a theoretical slippery slope that is not benign. Of late however, the assault of the Woke has made slippery sloping a national pastime, particularly involving slopes that lead governments to dictate all manner of conduct that should be none of its damn business.

For example, in California, good little brain-washers Evan Low and Cristina Garcia introduced Assembly Bill 1084 to require gender neutral retail departments. The bill would add Part 2.57 (commencing with Section 55.7) to Division 1 of the Civil Code, to be titled “Gender Neutral Retail Departments.” The bill would enact a regulation based on “legislative findings” that there are unjustified differences in similar products traditionally marketed either for girls or for boys. Thus the bill, on the theory that it will be easier on the consumer if similar items are displayed closer to one another in one, undivided area of the retail sales floor, mandates eliminating gender distinctions in clothing sales. In addition, keeping similar items that are traditionally marketed either for girls or for boys separated incorrectly implies that their use by one gender is inappropriate, the bill claims/

Ah! Illegal implication. Can’t have that!

I would assume that even an idiot could see that this is government indoctrination and has zero to do with serving consumers. If a retail company chooses to market clothing as unisex, they should go for it, but it is not the role of government to dictate how merchandise is displayed.

California is a contagious carrier of terrible and infectious ideas. The other states should be wearing big masks…

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Facebook, Meet The Slippery Slope. Slippery Slope, Facebook. Public, PAY ATTENTION!

censorship

This issue doesn’t need a lot of exposition—I hope, at least not among this enlightened and educated readership— but it is important.

Facebook CEO Mark Zuckerberg announced yesterday that his platform will now block posts and inks that argue that the Holocaust didn’t happen or has been exaggerated. , Facebook  is increasingly a taking action to undermine what it considers  conspiracy theories and misinformation, using the approaching U.S. presidential election as justification.

It isn’t. Facebook is too powerful a platform for public discourse and communication to engage in picking and choosing which opinions and assertions are worthy of being read and heard. In addition, Facebook is not objective, unbiased or trustworthy…or competent. I know this for a fact.

It bans Ethics Alarms. Case closed.

Holocaust survivors around the world have pushed Zuckerberg this summer to remove Holocaust denial posts from the social media site. The effort was coordinated by the Conference on Jewish Material Claims Against Germany, which used Facebook itself to promote its suppression efforts, posting one video per day urging him to remove Holocaust-denying groups, pages and posts as “hate speech.”

Once again, and this also is a fact, what is labelled “hate speech” is too often a matter of bias on the part of the hate speech accusers.

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Luncheon Ethics Laniapppe, 9/9/20: Track! Movie Fraud! Mainstream Media…Well, You Know.

1 And speaking of movies…I just finished watching the latest from cult director Charlie Kaufman, “I’m Thinking of Ending Things.” I won’t spoil it or recommend you don’t see it, except to say that it is one of those films that you leave not knowing what you just watched, and resolving either to watch it again (nope!) or decide you wasted your time. It’s a demented cross between “My Dinner with Andre,” “Back To the Future” and “The Exorcist Part II” that would have made a decent Twilight Zone episode at 30 minutes. I tried to puzzle the thing out while and  after I watched it, which seemed fair: how many movies end with a complete rendition of Jud’s gloomy solo “Lonely Room” from “Oklahoma” and a dream ballet, after over 40 minutes of conversations in a car while driving through a snowstorm? At least the film was original, challenging, and bold…or so I thought.

Then I read an article about one of the actors (all the performances are excellent) who said he asked Kaufman, the writer and director, what the film was about, and the answer he got was “I don’t know.” Whaaaaat?

That’s fraud on the audience, a cheat, and unethical. Be obscure, be mysterious, be oblique or vague, but at least have a point when the presumption of any audience member is that every movie means something. This is like James Joyce revealing, after scholars have written books and treatises and had symposia arguing what “Finnegan’s Wake” was about, that he just threw down random words on paper and that the book really didn’t mean anything.

2. Nah, there’s no mainstream media bias! (1) Headline of the Day:  From the New York Times front page: “Scaring voters didn’t work in 2018. Will it now?” I’d say that in 2020, it is the violent and intimidating conduct of the Left, such as Black Lives Matter and the antifa, the Democratic governors and mayors refusing to protect their communities and maintain order, and the fact that the mainstream media now so blatantly attempts to cover for all of it that is “scaring voters,” or should. How is there any valid comparison with 2018?

This is the false innuendo version of fake news. The headline implies that Republicans are exaggerating the breakdown of civic order that has been rationalized and excused by Democrats. Continue reading