1. Apparently Alexa and its ilk are causing heartburn among legal scholars. How should conversations over-heard by virtual assistants be treated when they are offered as evidence in court? Among the analogies that are being run up the metaphorical flagpole is a comparison with …parrots, as an eavesdropper who can accurately repeats information it overheard but was not expected to disclose. Courts have refused to admit testimony by parrots. In one case, a parrot named Max repeatedly cried out, “Richard, no, no, no!” after the murder of his owner. The defense attorney in the case wanted to have this evidence admitted the accused murder’s name was Gary. The attorney argued, unsuccessfully, that the “testimony” was not hearsay, but rather like a recording device. Despite expert testimony that that breed of parrot had the ability to accurately repeat statements, the evidence was excluded.
In another case, Bud the Parrot, began incessantly repeating, “Don’t fucking
shoot!” after one of his owners shot the other.
“The Ethicist”
Signature Significance And The Julie Principle Confront “The Ethicist”
Kwame Anthony Appiah, “The Ethicist” of the New York Times Magazine, doesn’t read Ethics Alarms so he isn’t conversant in two core EA concepts: signature significance, the fact that a single example of conduct can be enough to make a definitive judgment about an individual’s unethical nature, and The Julie Principle, which holds that once you recognize an individual’s flaws, you can accept them and continue the relationship, or use them to decide the individual is too flawed to tolerate, but it is pointless to keep complaining about them.A question from a disillusioned wife this week raised both, and “The Ethicist” acquitted himself well without directly acknowledging either.
“Theresa” revealed that her husband had tossed a banana peel out the passenger’s side window while she was driving on a highway. She protested, emphasizing her objection to littering and his setting a bad example for their 13-year-old in the back seat. He rationalized that the banana peel would “biodegrade”,“ and as if that wasn’t lame enough, defaulted to “I’m an adult, so I’ll do as I want.” After the incident, “Theresa” showed him an article about the dangers of throwing garbage on the street, plus a copy of the Massachusetts law declaring his conduct illegal. Her husband responded with, “Don’t you have anything better to do with your time?”
“He refuses to acknowledge that he made a mistake or change his behavior,” “The Ethicist’s” inquirer wrote, adding that the deadlock on the issue is making her question her marriage.
At the outset, I have to agree that the episode might make me question the character of someone I had just met—not merely question it, in fact, but perhaps make a confident diagnosis: this guy is an asshole, and the sequence is signature significance. The only feature of the story that possibly rescues it from being signature significance is that it can be broken down into components:
Exhibit A On Why “They/Them” Preferred Pronouns Must Be Mocked And Rejected Rather Than Respected
Here is a really weird question posed to “The Ethicist,” offered not for the issue raised (which is not exactly a tough one) but for the manner in which it is presented. The bolding is mine:
When my father died, my family took photos of his body before he was cremated. The photos were of him at home, peaceful in bed; my mother wanted to tenderly remember him both in life and in his death. My partner at the time uploaded these photos to their computer, storing these and other images in their cloud server as we archived memories from the trip home to say goodbye to my father.
One evening later that year, my then-partner pulled up the photos and did a slide show of our trip for their family. When my partner got to the images of my father’s dead body, they went through every image instead of skipping over them. It was immensely painful, compounded by the fact that my father is a Black man and these images were being shown to an affluent white family. The race and class dynamics here were staggering — it felt as if this white family was viewing these images as entertainment. This was among the incidents that triggered my ending the relationship; my ex didn’t quite understand why this was inappropriate or painful.
As we were breaking up, I asked that they erase the images from their drive. Since that time, they’ve made a million excuses as to why they can’t erase the images — the drive is in storage, they’ve moved, etc. It’s now been nearly six years. Still, I am deeply disturbed by the lack of control I have over these images. Currently my ex lives in the U.K., and I live in the U.S. What is the correct course of action here? Do I let it go? Seek legal action? My great fear is that these images will circulate into the future without my or my family’s consent. — Name Withheld
Language is supposed to communicate, not be distorted to satisfy narcissistic eccentricities and grandstanding. Who or what “moved,” the ex-, her family, or the photos? The account is absurdly ambiguous, although if you pause long enough along the way and think hard, you probably can figure it out—except that human communication is not supposed to be like Rubik’s Cube.
“The Ethicist” On Allowing Your Kids To Associate With The Children Of Crooks [Corrected]
One of the downsides of only getting the digital version of the New York Times (because I no longer could justify sending such an unethical and nation-damaging publication almost a hundred bucks a month) is that I don’t keep up with “The Ethicist,” aka , as well as I did when the Times Magazine was always available in our bathroom. A recent catch-up session revealed a lot of interesting topics posed by “The Ethicist’s” readers, as well as some that shouldn’t require an ethicist to figure out ( “Is It OK to Let My Relatives Think Their Dead Sister Is Still Alive?”).
At the end of January, a mother asked whether she should have let her children go to a sleepover at a new classmate’s home after she discovered that the parents “are now infamous for their unscrupulous and callous illegal business dealings that ultimately led to a multimillion-dollar settlement with our city government.” The mother was concerned about punishing the couple’s children for their parents’ misdeeds. “Should we let the children hang out?” she asks. “How much do we share with our own child, who is old enough to understand why their behavior is unacceptable?”
As usual the ethics teacher goes into great detail examining all pros and cons, writing things like, “Your duties to your own child do take precedence over your concerns for the children of others. In the philosophical literature on “partiality” — the special concern we have toward those with whom we have special relationships — some have argued that it’s morally permissible to give your own children priority. In my view, it isn’t merely permissible; it’s morally obligatory. What you owe to your child is not the same as what you owe to just any child.” Continue reading
“The Ethicist” Had A Long Answer To This Question. I Have A Short One…
, the New York Time’s advice column ethicist who really is an ethicist, was atsked with this query from “Name Withheld”:
I am a Black woman and I signed up as a mentor for a law-student-mentoring program at my alma mater. I made a request for a Black mentee, but I was paired with a white woman. Now I’m second-guessing participating in the program. Black attorneys make up less than 5 percent of all attorneys and continue to face horrific experiences in law school and in the legal community.
This is whom I envisioned myself supporting when I registered for the program as a recent graduate. I imagined deep conversations about law professors and law-firm culture, and sharing how I’ve learned to navigate them as a Black woman. Not only will these conversations not apply to my mentee the same way, but I can’t help wondering if assisting them will ultimately contribute to my own oppression.
There are so many factors in her favor that I don’t really want to help give her even more of a leg up in my free time. On the other hand, I don’t have anything against her, and law school is universally scary during the first year. Should I be thinking about this differently? Is it wrong to bow out?
“The Ethicist” On When Revealing Someone Else’s Secret Is An Ethical Obligation
The latest installment of the Times Magazine advice column “The Ethicist” includes Prof. Appiah’s responses to two inquiries involving people, as they used to say, “sticking their noses into other people’s business” and revealing secret that could have a devastating emotional and practical impact on the party being enlightened. This issue comes up in the column frequently, and it has been discussed in Ethics Alarms as well, often under the categories “the duty to warn,” “the duty to fix the problem,” and most of all, “The Golden Rule.” Oddly, the latter provides the easiest and clearest route to both of the answers Appiah provides in the column, and yet he doesn’t mention it or allude to it anywhere.
I find that strange.
The first inquiry involves a man who discovered that his older brother was adopted but still doesn’t know it. His elderly parents, “not long for this world,” still adamantly refuse to tell him. “Do I have any obligation to tell my brother what I have learned about his life so he can learn more?,” asks “Name Withheld.”
Why Aren’t People Ashamed To Ask A Question Like This?

Kwame Anthony Appiah, aka. “The Ethicist,” received this question three weeks ago. He answered correctly and excessively nicely, as I would expect him to, but my concern is with the question and the questioner. “E.K.” asked,
“My husband and I employ a local dog walker….She is an excellent dog walker: reliable, responsible and kind. A friend told me that throughout the fall and after the presidential election, she frequently posted rants on Facebook about liberals and immigrants, pro-Trump messages and falsehoods about how the election was stolen. We are disgusted by the postings and now wonder if we should use her again. On the one hand, we respect people’s right to their opinions and appreciate the good service she provided. On the other, we do not want our money to go to someone who supports viewpoints that we believe are hurtful and detrimental to our democracy.“
This is why I’m not an advice columnist, I guess. Here is how I would have answered that question:
From The Signature Significance Files: A Question For “The Ethicist” That Proves The Questioner Is Ethically Obtuse

When I read the headlined question in an April installment of “The Ethicist” advice column in the New York Times Magazine, I would have done a spit-take if I had just taken a sip of something. It was “Is It OK to Use Money Raised for a Child’s Cancer Care on a Car?” What? No it’s not “OK,” you idiot! The questioner has to write to a professor of philosophy like Kwame Anthony Appiah, who is the current version of the Times’ ethics expert, to puzzle out that query? Why not ask a neighbor, a minister, a friend who isn’t in jail, a reasonably socialized junior in high school?
Then I started wondering what percentage of American think that question is a really tough one, and I got depressed.
Here was the whole question:
My grandchild is being treated for leukemia. A friend of the child’s parents set up a GoFundMe page for them. They’re both well loved and have siblings who know a ton of people. So the goal was surpassed in three hours, and donations totaled more than double that amount. They plan to donate anything over and above direct hospital-related expenses to leukemia research organizations.This couple have some needs that aren’t strictly related to the child’s care, like a new car. Am I rationalizing by saying they need to drive the child to the hospital and should use some of this money for a dependable car? Is there a strict line you would not cross? And is it germane that they’re not extravagant and extremely honest?
I don’t need to discuss Appiah’s answer; he got it right. If he hadn’t, he would need to have his column, his teaching position at NYU and his degree in philosophy taken away. My concern is how hopelessly inept our culture must be at installing the most basic ethical principles if someone grows to adulthood unable to figure out in a snap that if one receives charity to pay for a child’s medical expenses, it is unethical, indeed criminal, to use the money to buy a car.
This isn’t hard, or shouldn’t be. Why is it? If the GoFundMe raised more money than is needed for the purpose donors contributed, the ethical response is to send the now un-needed fund back, with a note of thanks. (Appiah, after far more explanation and analysis than should be necessary—but he does have a column to fill—-eventually points this out.) No, you do not give the extra contributions to “leukemia research organizations,” because the donors could have contributed to those on their own, and didn’t give the money after a general appeal for all leukemia sufferers. They gave money for this particular child’s treatment. Doing as the family plans is a classic bait-and-switch. The questioner doesn’t comprehend that, either.
Then the rationalizations for theft start. “This couple have some needs that aren’t strictly related to the child’s care, like a new car.” “Strictly” is such a wonderful weasel word; it greases slippery slopes so well. Again, “The Ethicist” is forced to explain the obvious: the donors weren’t contributing to a needed car, they were giving to support leukemia treatment. If the family wants a new car, let’s see what that GoFundMe will bring in.
Which of the family’s needs couldn’t be sufficiently linked to the child’s welfare to support a rationalization for using the funds? “Am I rationalizing…?” Of course you’re rationalizing; in fact, I think even this ethically illiterate correspondent knows this is rationalizing, and is just hoping that an ethics authority will validate an unethical calculation. The tell is that she feels it necessary to add that they are only seeking a reliable car, not a Lexus. But come on. “Think of the children!”(Rationalization #58) Isn’t this desperately ill child worth, not just a reliable car, but the most reliable car?
As if any further evidence was needed that this reader of “The Ethicist”—and wouldn’t you think that if she did read the column, she might have picked up just a teeny smidgen of ethical thinking over time?—has no clue at all, we get, “[I]s it germane that they’re not extravagant and extremely honest?”
What is that, some kind of cut-rate version of the King’s Pass? Actually, it is: this is a blatant Rationalization #11A, ”I deserve this!“ or “Just this once!” (The King’s Pass is #11.) The theory is that ordinary, greedy, sneaky people shouldn’t use money intended to save the life of a child to get a new set of wheels, but thrifty, honest, good people deserve a little leeway.
What percentage of the population thinks like this? 25% 50%? 90%?
In his answer, “The Ethicist” does provide an unintended hint regarding how Americans end up thinking this way. Like most academics, he’s a socialist, so he writes, “It is immoral that anyone here has to borrow large sums of money for essential medical treatment, especially for a child….we need to expand the pinpoints of empathy to … light the way toward a country where health care is treated not as a privilege but as a right.” Bad Ethicist. Bad! That’s a false dichotomy, and he knows it, but he’s spouting progressive cant now. Health care is like many other human needs that we have to work and plan for as individuals, and recognize that the vicissitudes of fate sometimes turn against us. If health care is a right, surely a home, sufficient food, an education—heck, why not a graduate-level education?—a satisfying job, guaranteed income, having as many children as one’s fertility allows, child care and transportation also should be “rights.”
Why shouldn’t it be ethical to use other people’s money to get a reliable “reliable” car?
The Ethics Conflict Of The Untrustworthy Housecleaners Is An Easy Call

…but for some reason. “The Ethicist” couldn’t figure that out.
I hadn’t checked in on Kwame Anthony Appiah, the New York Times Magazine’s current incarnation of “The Ethicist,” for a while, and based on this exchange, the usually reliable NYU philosophy professor is showing some wear and tear. I blame The Great Stupid.
An inquirer wrote to ask if her friend had done the right thing by not telling her neighbors in ” a close-knit neighborhood” who used the same mother-daughter housecleaning team she did that she had caught the daughter stealing, and dismissed the pair. “She spoke with the mother, who apologized profusely on behalf of her troubled daughter and, of course, understood when my friend said they wouldn’t use the service any longer,” the letter concluded. “Was my friend obligated to let her neighbors know? She worried about this team losing business when she had no way of knowing whether or not the daughter was stealing from others.”
I was gobsmacked that Appiah endorsed not telling the neighbors. He wrote,
Afternoon Ethics Wind-down, 11/17/2020: Greenwald, Kelly, Typical Irresponsible College Professor, And “Name Withheld”

1 Nah, there’s no mainstream media bias… Glenn Greenwald, the gadfly journalist who was cut off at the metaphorical knees for not supporting the media black-out of the Biden family influence peddling story in the waning days of the campaign (Hey! It worked, so it must be ethical!), is apparently just warming up in his campaign to expose the mainstream media’s hypocrisy and bias. Here’s a recent thread on Twitter.
Of course, it’s just a matter of time before Twitter suspends his account…
2. I LOVE this guy! He’s the perfect example of so much that’s wrong with academia, Black Lives Matters, and the entire race-baiting phenomenon! (But why is he allowed to teach anyone?) Bucknell University will be featuring a scholarly debate over the new film “What Killed Michael Brown?,” with participants considering “whether the idea of systemic racism today is a truth about what needs to be addressed in shaping a just America, or a ‘poetic truth’ that as a strategy exacerbates social division in America.” (Strange…it is beyond question that what killed Michael Brown was his fatal and perhaps drug-aided decision to resist arrest, try to grab an officer’s weapon, ignore a lawful order to stop, and to direct his entire bulk in a charge at a police officer. It will be a short webinar.) Roosevelt University journalism Professor John Fountain, one of the participants, asserts that “questioning the existence and impact of systemic racism in the United States is itself offensive and racist.”
3. Whew! I almost lost this one. From an October 6 column by “The Ethicist.” “Name Withheld” writes: Continue reading





