Rationalization 32 B: “The Comforting Accusation,” Or “You Would Have Done The Same Thing!”

It’s been a long time since the last new rationalization joined the list. This one, “The Comforting Accusation” or “You would have done the same thing!“, follows #32. The Unethical Role Model: “He/She would have done the same thing,” and #,32A. Imaginary Consent,  or He/She Would Have Wanted It This Way.”

32 B adds the nasty little element of alleged hypocrisy to the mix, making it especially effective. How can someone criticize your conduct if they couldn’t or wouldn’t resist the same thing? Thus the author of an unethical act deflects his or her own accountability by making someone else the target of an accusation, albeit based on assumption rather than fact. The rationalization attempts to transform the wrongdoer into the judge’s reflection.

There are four problems with #32. First, it may be that the assumption that someone else would have taken the same unethical course is wrong, and, of course, it is just speculation anyway. Second, it doesn’t matter: this is just a personalized fractal of the hoariest rationalization of them all, Numero Uno, “Everybody does it.” Unethical conduct is not cleansed because it has company, or, as in this case, might have company.

Third, it’s a sneaky evocation of #14. Self-validating Virtue, in which an act is judged by the perceived goodness the person doing it, rather than the other way around. Most people, because of bias, automatically think of themselves as the most ethical person they know. The Comforting Accusation recruits the cognitive dissonance scale to elevate an unethical act by attaching it to something deep in the positive end of the scale for just about everyone: themselves. #32B is ultimately an appeal to bias.

Most important of all, the fact that I may have done what you did under similar circumstances doesn’t make what you did less wrong, It only means I have some sympathy for you, and am more likely to apply the Golden Rule if I am assigned the responsibility of holding you to account—which I should apply anyway.

Your Tuesday Evening Brett Kavanaugh Nomination Ethics Train Wreck Report

I. Let’s give a whole car to USC.

Nearly 100 students  attended a rally at noon on Monday demanding a tenured professor be fired after he sent a reply-all email last Thursday to the student body noting that “accusers sometimes lie.”

Professor James Moore, a tenured professor at the University of Southern California, replied to a campus wide email fatuously demanding that students  “Believe Survivors” on the day of Christine Ford’s testimony with a reply-all message that…

“If the day comes you are accused of some crime or tort of which you are not guilty, and you find your peers automatically believing your accuser, I expect you find yourself a stronger proponent of due process than you are now.”

For a teacher, this was a responsible and important point to make. It is also undeniable, except in dishonesty, ignorance and hysteria. So what was the campus response?  Hundreds of  emails from “concerned” students and alumni condemning the engineering professor. USC students Audrey Mechling and Joelle Montier  organized a Facebook rally against him, entitled “Times Up for James Moore.” Nearly 100 students gathered to shout, “Times Up, No Moore!” The crowd then paraded its bias and ignorance, and marched  to the office of Dean Jack Knott. He, of course…

...sided with the protesters...

“What [Professor Moore] sent was extremely inappropriate, hurtful, insensitive. We are going to try to do everything we can to try to create a better school, to educate the faculty,” said Dean Knott to the crowd. “This is going to be a multi-pronged effort. We are going to have a faculty meeting later this week around implicit bias, sensitivity towards [sexual assault]….”

That’s academia today! At Georgetown, a professor tweets that white males should be killed and castrated, and the administrators shrug and say she has a right to her opinion. AT USC, a professor corrects  indefensible cant that rejects basic ethical and judicial principles, and a dean says that he must be punished.

People actually pay to send their children to be warped by these places.

II. Let’s always believe survivors who know how to beat lie detectors.

The fact that Dr. Ford had been declared “truthful” in her polygraph test was always one of the worst reasons to believe her, but now that test throws legitimate suspicion on her account. The machines are notoriously unreliable, but the argument was that the fact that Ford was eager to take the test indicated her confidence in her account. Today, Fox News received this letter from a man who claims to be Ford’s ex-boyfriend:

Of course, it could be completely innocent that a woman who suddenly dredged up a forgotten alleged incident just in time to use it to derail the confirmation of a SCOTUS nominee her party opposes and submitted to a lie detector test as evidence of her veracity considered herself an expert on beating lie detector tests.

III. Ethics Hero meets Ethics Dunce Continue reading

Ethics Quiz And Poll: The Siblings’ Betrayal

Whatever the answer to the quiz, I view this development as a bad sign for all of us.

Republican congressman Paul Gosar ‘s six siblings all agreed to participate in an attack video by his opponent, Democrat David Brill, in the race to represent Arizona’s 4th District in Congress. They all endorse Brill in the ad, while denigrating their brother’s positions on  health care, immigration, and the environment.  “He’s not listening to you, and he doesn’t have your interests at heart,” Tim Gosar said.

Nice.

Your Ethics Alarms Ethics Quiz Of The Day:

Is this conduct by Gosar’s family members ethical as responsible citizenship and political advocacy, or unethical as disloyal and unfair?

I think I know my answer, but it is a close call, hence the quiz. Now the poll:

The Attack Of The Unethical Women

I had pretty much concluded that Christine Blasey Ford was contemptible based on her willingness to impugn a public servant’s integrity, derail what should be an orderly and fair political process, and manipulate the U.S. Supreme Court’s membership using a three decades old allegation that involved, at worst, teenage misconduct. She did this with full knowledge of how #MeToo has unjustly harmed other men simply by raising unprovable rumors and characterizations. In fact, it seems clear that she chose her course of action knowing that she could harm Brett Kavanaugh the same way. If the allegation was politically motivated, as I strongly suspect it was, she is unethical and despicable. If the motive was late vengeance for a teenager’s indiscretion, she is unethical and despicable.

Imagine someone you may have harmed when you were an immature teen. That individual never calls you to account, privately or officially. She never urges you to apologize, accept responsibility, or make amends, or gives you an opportunity to do so. No, she maintains the grievance in escrow, to bring it out years or decades later when the accusation will not only do the most damage, but will also be impossible to defend against. What a cruel, horrible, inhuman way to treat anyone.

First Ford attempted to harm Kavanaugh anonymously. Then, when that wasn’t going to work, she announced her accusation in the news media.

What is being ignored by all those rationalizing Ford’s actions is that that the harm to alleged wrongdoers is magnified and multiplied the longer a victim delays calling for accountability. If Kavanaugh did what he is alleged to have done, he should still have the right to deal with the consequences, accept punishment if any, and be able to get on with his life, set a straight course, and prove his character and values as an adult. Wouldn’t anyone want that opportunity? Shouldn’t any 17-year-old miscreant have that opportunity? As I have already noted, Ford’s conduct is an anti-Golden Rule monstrosity.

It also creates the equivalent of ethics toxic waste. In a just society, nobody is pronounced guilty until guilt is proven, and nobody is publicly accused unless the offense is provable.  A prosecutor who knows that there isn’t evidence to convict someone of an offense is violating prosecutoral ethics to bring charges. Ethically, the principles follow. If you cannot prove an accusation, if all you have is your word and nothing else, if there is no chance that any evidence will arise that supports your version of events, you must be, at very least, absolutely certain that you are correct. Ford cannot be 100% certain. Not after more than 30 years, and especially after a long period in which she says she had forgotten about the alleged episode. There are many, many memorable episodes in my life, and I have always had a remarkable memory for events I witnessed or took part in. Such memories, however, shift and blur over time. No 30 year-old memory is 100% reliable, and because we, well, those of us who are fair and honest, know that is true, no 30-year memory should be employed as a weapon or personal destruction. Ford’s memory is both destructive and impossible to defend against exactly because it is so old. Continue reading

Insomnia-Triggered Observations On The Blasey Ford-Kavanaugh Disaster

I don’t know if it is my usual sleeping in a hotel problem, my typical anxiety before an early morning ethics presentation, or the nauseating reality of what Christine Blasey Ford and the Democrats have inflicted on the political system and cultural norms of basic fairness and decency that has me awake writing a post at 5 am. I have my suspicions, though….

  • Judge Kavanaugh spoke to the Senate Judiciary committee via phone yesterday afternoon about the accusation of a three-decades old sexual assault while he was a prep school student. The committee Democrats refused to participate. I can’t reconcile this with a good faith effort to be fair to the nominee. Can you? It seems that the Democrats, having already made it clear that they will not vote for Kavanaugh for partisan reasons, have no compunction about making it clear that the allegation is just a convenient tool to engineer his defeat. They don’t really care about whether it is true or not.  It is simply a means to an end.

Is there any other conclusion?

  • Professor Rosa Brooks of my alma mater Georgetown Law Center (which has been embarrassing me a lot lately) pretty much sums up my position in a series of tweets. She writes:

I oppose Kavanaugh’s nomination, think senators should vote no based on his judicial record, but am uncomfortable with asserting that his behavior as a teen tells us anything about his “character” now. Yes, even if his behavior as a teen included doing exactly what Ford says he did. This is because….I don’t think teen behavior is predictive of adult behavior, and I am also skeptical of the very idea of “character” as we use the term in American politics. And……. there is a ton of solid research on the general idiocy of teenagers, especially teenaged boys, and the neuroscience that explains their general idiocy….as a lawyer I also think there are sound reasons behind statutes of limitations. After 35 years it is nearly impossible to conduct a full or fair investigation….This does not mean I consider sexual assault “excusable” or “minor.” It just means that I think the bad behavior of minors should be treated differently than the behavior of adults, and that adults should not be shadowed forever by misdeeds as children.

Bingo.

Sadly, the prof’s inner progressive asshole could not remain hidden for the duration of her tweet-storm. I emphatically do NOT concur with her final observation in the last set of tweets, in which she confirms that she is a hyper-partisan bigot who just had a brief, uncharacteristic moment of ethical clarity:

Kavanaugh’s accuser nonetheless deserves to be treated with dignity and consideration; belittling her or her motives should be considered unacceptable. If Kavanaugh responds to her accusations in a way that belittles her or other women who come forward with stories of sexual assault, THAT will definitely be relevant now. And to all who say “well yes but the GOP would draw and quarter any Dem nominee with similar accusations against him,” you’re right, but why would Dems want to do the same things the GOP does? But the GOP would not treat allegations of assault by a black teen as forgivingly,” I agree as well. But again, we shouldn’t conform to the bad behavior of others. Again, this is not because I am “defending” Kavanaugh: I’d vote NO, and for all I know he is a complete jerk and a serial sexual assaulter to boot. All I’m saying is: I am uncomfortable having the current allegation be the basis for opposing, given the above.

Why does Ford deserve to be treated with dignity and consideration? She attempted an anonymous smear job that no professional anywhere would consider fair. When it was clear that this wouldn’t accomplish her goal, she accused a man of politically-toxic misconduct with no more evidence than her own misty recalled memories. Apparently she does  not even recall what year the alleged assault occurred. Professor Brooks is just confirming her #MeToo privileges by embracing the sexist theory that women deserve to be treated differently than men. They don’t. Any man who did something like this to a female nominee would deserve to be condemned. What an air tight gotcha! for the increasingly ethics-free left: an irresponsible, unprovable attack on a mans’ reputation and career that he will be disqualified for treating as it deserves to be treated.

I’d like the law professor to explain why she holds Kavanaugh to this exalted standard of tolerance when she says she assume that Republicans would treat allegations of a black teen’s assault as damning. Now she is virtue-signaling to her colleagues, calling Republicans racists, because of course they are. This tweet would disqualify her, in my view, if President Harris or Warren or Winfrey nominated her for the Supreme Court, or any other post. She’s a bigot, her outrageous claim that he might be a “serial sexual assaulter” is contemptible public discourse.

  • Anyone who uses the fact that she took a lie-detector test  and passed it to support her claim reveals their own ignorance and intellectual dishonesty. The devices don’t work. There isn’t even any debate about it. Sociopaths can beat them, and so can the confused and deluded. There’s a reason why they are inadmissible as evidence in court. Several alleged victims of alien abductions have passed lie detector tests too.

Maybe a space alien assaulted Ford. Maybe Kavanaugh is a space alien. This fiasco is bad enough without lie detector nonsense.

  • Diane Feinstein officially qualifies as an Ethics Alarms Ethics Villain for her role in the episode, joining such disgraceful political characters as Chris Christie, and of course, Hillary Clinton. The San Francisco Chronicle laid much of it out neatly, concluding that her conduct

“..was unfair to Kavanaugh, unfair to his accuser and unfair to Feinstein’s colleagues — Democrats and Republicans alike — on the Senate Judiciary Committee.”

  • Does anyone recall that DNC Deputy Chair and Minnesota Congressman Keith Ellison has been accused domestic abuse by former girlfriend Karen Monahan? That accusation isn’t 35 years old and didn’t involve a teenager. It has also been substantiated by others.The Democrats have done nothing about this, except to “investigate it” and allow their mainstream news media allies to bury the story, at least long enough for the current hypocrisy to escape public notice.

Imagine: I heard a female Democratic senator intone yesterday that if Republicans did not delay the vote on Kavanaugh’s nomination, it would be “an insult to every woman” in the country. I regard allowing so dubious and unprovable a #MeToo accusation raised in such a blatantly political context to derail the confirmation of a qualified male candidate a threat to every American male alive. Let’s hand every woman the power to ruin any man, because in any “he said/she said” controversy, only the woman has a “right to be believed.”

Democrats are deliberately encouraging a national, cultural gender war.

More than 200 women who attended the same all-girls school as Supreme Court nominee Brett Kavanaugh’s accuser have signed an open letter supporting her allegations of sexual assault when they were both high school students.

The letter says the women — who graduated from the private Holton-Arms School in Bethesda, Md., between 1967 and 2018 — believe California psychology professor Christine Blasey Ford “and are grateful that she came forward to tell her story.”

“Dr. Blasey Ford’s experience is all too consistent with stories we heard and lived while attending Holton,” the letter says.

“Many of us are survivors ourselves.”

If I thought this was typical of the female ability to reason, I’d advocate banning women from positions of authority. The believe Ford because she’s a woman! They believe Ford because someone assaulted them! They are proudly proclaiming prejudice, misandry and bias. Nobody has any factual basis for believing either Ford or Kavanaugh. Here’s my bias: any position that relies on tactics like this letter is inherently suspect.

 

 

Bret Kavanaugh Nomination Ethics Train Wreck Update: Christine Blasey Ford, AKA “Anita Hill”

Now we know the name of the author of the late, through-the-mists-of-time character assassination attempt on Supreme Court nominee Brett Kavanaugh. Good. Realizing that her anonymous sniper attack wouldn’t be sufficient to accomplish the Democrats’ political objective, she identified herself in an interview with the Washington Post. She is Christine Blasey Ford, like Anita Hill a professor who decided to inject an ancient incident into the solemn process—well, it once was, anyway—of confirming a nominee to the Supreme Court.

The fact that the accusation is no longer anonymous changes some aspects of this latest—is it the most unethical? Probably—twist in the Kavanaugh Ethics Train Wreck saga so far. From the second the desperate Sen. Diane Feinstein—desperate to defeat a qualified conservative judge, desperate to bolster her standing with a California progressive base that finds her too moderate—released Ford’s allegation, it could be tagged “unethical” in five ways:

1 The accusation was anonymous, and thus could not be fairly confronted by the accused. UNFAIR.

2. The accusation was over 30 years old, meaning that all aspects of it, including the recollections of the alleged participants, would be inherently untrustworthy. This is why we have statutes of limitations. UNFAIR, and IRRESPONSIBLE.

3. The accusation was, and still is, unsubstantiated by anyone else. UNFAIR, and IRRESPONSIBLE.

4. The accusation was made against a distinguished public servant and family man with no documented blemishes on his record or character as an adult, stemming from an alleged incident that occurred, if it occurred, while he was a minor. UNFAIR

5. No complaint had been made against Kavanaugh by the accuser at any time in the intervening years, until his nomination by President Trump became a political rallying point for the Left. IRRESPONSIBLE.

Now there are only four. One would be too many. The accusation should not have been made, and should not have been made public. This is a simple Golden Rule equation: what innocent human being would want to be the target of an unprovable accusation like this, at a moment when a significant career advancing opportunity was in the balance? We must begin with the assumption that Kavanaugh is indeed innocent, because there is no substantiated evidence that he is not, and because as an adult, which is what matters now, he is innocent.

Do I believe Kavanaugh, who has unequivocally denied that the incident occurred? I have no reason or justification to believe or disbelieve him, and neither does anyone else. However, I would regard the incident as irrelevant to his confirmation even if he agreed that it happened. Would a report of such an incident when he was applying for bar membership be treated as sufficient proof of bad character to cause his application to be rejected? Absolutely not,  not in any jurisdiction in the nation. Would such conduct as a minor cause any adult with an impeccable record since high school to be rejected for any job or post? Are high school indiscretions that do not involve criminal prosecutions ever deemed relevant to adult employment? Never. (Well, hardly ever.) Continue reading

Another Hader Gotcha! Time to Grovel, Michael Kopech…

Add fire-balling White Sox rookie Michael Kopech to the baseball players who have been forced to grovel to the virtue-signaling, mind-control bullies in the sports media for dumb tweets he sent as a high school student.

As I have written here before, searching for lingering social media idiocy that an athlete authored before he could drink or vote is despicable conduct, as is anyone making an issue of  what the deep Twitter dives expose. First, what a baseball player said or thought—they are often not the same thing—in the past has nothing to do with his job, which is playing baseball and not making social policy, and second, nothing anybody says or even does before their brain has matured should be held against them in adulthood, unless it is criminal, and even then the law urges us to be forgiving. I know that a lot of social justice warriors think that any racist, sexist or homophobic comments made post birth should be treated a crimes, but they are anti-democratic nuts, and hostile to free thought and speech, so to hell with them.

NBC Sports baseball blogger Craig Calcaterra, who has lost my respect permanently because of his inappropriate leftist screeds, sneers,

Kopech acknowledged the tweets and apologized for them, offering the now de rigueur “that’s not who I am” stuff…White Sox general manager Rick Hahn said he is satisfied with Kopech’s apology and his assertion that he is not the same person who authored those tweets five years ago. Major League Baseball will likely still weigh in, but as we’ve seen in previous cases, they are likely going to limit it to sensitivity training or something like it. Which, to be fair, is about all the league really can do.

Craig has made it clear in his earlier posts about previous targets of the Hader Gotcha what he would like to see happen: Continue reading

First They Came For The Baseball Players: The ‘Hader Gotcha’ Catches On…

Sonny Gray, who should be punished today for a Twitter joke he made six years ago….

I’ve written about this new blight on the American scene three times since a creep trying to embarrass Milwaukee pitcher Josh Hader tracked down some offensive tweets he made in high school, causing Major league Baseball to sentence him to re-education. Not content with the MLB over-reaction, pompous, social justice warrior thought-control purveyors in the sports media like NBC Sports’ Craig Calcaterra and Bill Baer declaimed that he must be made an example of, shunned, cooked, and eaten, or something.  Hader’s pathetic grovel to the mob was so amusing that two more baseball players were quickly subjected to The Hader Gotcha–that will be the Ethics Alarms label to this poison—with similar results (and more obnoxious virtue-signaling by Calcaterra and Baer). Atlanta Braves starter Sean Newcomb had his Twitter history searched by some resentful Dodger fan while he was  pitching a near no-hitter  against LA, with the result that  Newcomb had to deny that he was a racist and a bigot. Next, some Washington Nationals hater did the same to shortstop Trea Turner, posting old Turner tweets from his college days at North Carolina State University. [The third time I wrote about the phenomenon was in a non-baseball context, when “Guardians of the Galaxy” director James Gunn was fired by Disney because a conservative hit man did a twitter dig and found some of his old tweets.]

Isn’t this great? You can be a sad and lonely schlub with  a trivial, insignificant, powerless, witless existence, and yet bring a successful, rich, popular baseball player to his metaphorical knees!  Just  find and publicize some ill-considered,  impulsive  tweets sent when fame and fortune weren’t even twinkles in the future star’s eye, and the nascent athlete was trying to make do with the under-developed brain of a typical male under the age of 25. Why, it’s even better than dropping rocks on cars as they go under an overpass, or releasing computer viruses! What a rush! Continue reading

“McCarthy And Witch Hunts And Fear, Oh My!” PART I: Director James Gunn

I don’t care to live in a culture where law-abiding citizens can have their reputations and careers destroyed by people maliciously publicizing old or private communications to make them hated or distrusted, or worse, a culture where doing this to people is deemed virtuous. Such a culture is one based on perpetual fear, where individuals cannot express an opinion that they may change later, or make a joke to a select audience, or have a conversation expressing strong but spontaneous and transient feelings without risking personal destruction at the hands of someone who wishes them ill.

That is the U.S. culture, however, that extremists on both ends of the political spectrum are successfully constructing,  unles we stop them. Their tools are political correctness, invasions of privacy, abuse of technology, social media and its attendant mobs, and an utter disregard of fairness, decency and ethics.

Two recent example illustrate how serious the problem is. This post is about one of them.

Talented writer-director James Gunn, the creative force behind the  delightful  Guardians of the Galaxy movies was fired by Disney after his old tweets containing offensive jokes were uncovered and circulated on social media and the web. The tweets were deliberately sought by conservative blogger and activist Mike Cernovich,  to intentionally wreck Gunn’s career. Gunn’s real offense was that he has been a vocal “resistance” recruit and a prominent conservative-hater, so once Cernovich had the goods on him, the Right was happy to use them.

No doubt, Gunn’s old tweets included jokes that many would consider worthy of Roseanne Barr on a careless day, like

  • “Laughter is the best medicine. That’s why I laugh at people with AIDS.”
  • “I like when little boys touch me in my silly place.”
  • “The best thing about being raped is when you’re done being raped and it’s like ‘whew this feels great, not being raped!’”

Gunn, realizing that joking about pederasty, rape and AIDS was sufficient to get him Kevin Spaceyed for life, tried to explain:

Many people who have followed my career know when I started, I viewed myself as a provocateur, making movies and telling jokes that were outrageous and taboo. As I have discussed publicly many times, as I’ve developed as a person, so has my work and my humor. It’s not to say I’m better, but I am very, very different than I was a few years ago; today I try to root my work in love and connection and less in anger. My days saying something just because it’s shocking and trying to get a reaction are over. In the past, I have apologized for humor of mine that hurt people. I truly felt sorry and meant every word of my apologies. For the record, when I made these shocking jokes, I wasn’t living them out. I know this is a weird statement to make, and seems obvious, but, still, here I am, saying it. Anyway, that’s the completely honest truth: I used to make a lot of offensive jokes. I don’t anymore. I don’t blame my past self for this, but I like myself more and feel like a more full human being and creator today. Love you to you all.

I believe him. I believe him, though something nasty in me would love to know if he was telling friends that the Milwaukee Brewers should punish Josh Hader for the racist tweets he made in high school, because this whole phenomenon is a Golden Rule matter. That has been the Ethics Alarms position forever, including during the 2014 Donald Sterling Ethics Train Wreck, in which an NBA owner lost his team, millions in fines, and his reputation after his mistress taped an ugly conversation they had in his bedroom and circulated it. I reiterated this position most recently in May of this year:

The position of Ethics Alarms on these incidents, which also includes spurned lovers sharing private emails to the world in order to humiliate a correspondent, the Democratic Senators who leaked the President’s coarse rhetoric about “shithole” countries that took place during a meeting that was supposed to be private and confidential, and Donald Trump’s infamous “pussy-grabbing” statements, is simple. Once the embarrassing words are unethically made public, they can’t be ignored, Once the embarrassing words have unethically made public, they can’t be ignored. Neither should the circumstances of their making, or the unethical nature of their subsequent use was weapons of personal destruction.

There is not a human being alive who has not made statements in private meetings or conversations, whether  those statements be jokes, insults, rueful observations or deliberate hyperbole, that would be horribly inappropriate as public utterances. Thus the feigned horror at such statements by others is the rankest kind of Golden Rule hypocrisy. In addition, the opprobrium and public disgrace brought down on the heads of those whose mean/ugly/politically incorrect/vulgar/ nasty/insulting words are made public by a treacherous friend, associate or colleague erodes every American’s freedom of thought, association and expression, as well as their privacy.

And yes, to anticipate the objection, I do not regard social media posts by non-public persons who later become celebrities to be truly public communications. They are, in the minds of the foolish individuals who send them, personal messages aimed at friendly audiences, and not intended for public circulation. In reaching this position I am influenced by the legal ethics and judicial rule regarding what is public knowledge regarding a former client that can be used by a lawyer . Simply because information is included in a public document that anyone can access doesn’t mean it is considered public enough for a lawyer to reveal it if the information involves a client. Most people don’t know about those facts because they don’t know how to find them, where to look, or whether the information even exists. Information doesn’t become truly public until it is widely accessible and disseminated. Once Gunn (and Hader) became celebrities, their social media presence was public, but not before. True, both Gunn and Hader should have realized that what they posted when they were nobody special had suddenly become a matter of public interest, and true, people need to start thinking that way, but most of our newly famous just don’t. Continue reading

Flipping Off The President, And Proud Of It (With A Poll!)

Remember Julie Briskman? She flipped off the President’s motorcade in  November, and was so proud of that eloquent statement that she posted a photo of her gesture on Facebook. He company, A government contractor, promptly fired her. I wrote at the time,

Flipping a middle figure to the President’s motorcade is protected speech. Flipping said finger to the President when one works for a company dependent on government contracts and plastering photos of one doing this on social media is not what I would call wise, and Julie Briskman should have reasonably expected her employers to admonish her to keep the company’s public image in mind the next time she was tempted to bite the hand that feeds it. Akima LLC, however, a Virginia-based company, fired her.

They have every right to do this, but it was a gross and cruel over-reaction. Worse, the company wasn’t even honest about its rationale,telling her that company policy forbade an employee having  anything ‘lewd’ or ‘obscene’ on your social media. Sure. “The finger” is undeniably rude. Obscene it’s not.

But Julie doesn’t read Ethics Alarms (obviously!), and sued for wrongful termination. Last week, Virginia judge Penney Azcarate judge dismissed Briskman’s wrongful termination claim. Her lawyers had claimed that Briskman’s employers violated public policy by forcing her resignation.

As I said, I don’t think the company was particularly fair to Briskman, who is young and like most of the resistance, lacks judgment and proportion. I doubt that anyone would take it out on her employers that they employed a rude and immature jerk as a marketing analyst. It need not have fired her. Still, Virginia is an employment at will state where you can be fired for having an obnoxious laugh. As Ethics Alarms has held here frequently regarding professors who post racist rants on social media and episodes like that of Adam Smith, the so-called Chick-Fil-A Video Vigilante who verbally abused a Chick-Fil-A employee and posted the video of him doing so, companies have every right to regard an employee whose public behavior embarrasses their employers as a liability, and to treat them as such. It isn’t kind, and it isn’t compassionate, but as I wrote about Smith,

“I can’t blame anyone who doesn’t want to be represented by a man whose judgment was this wretched and who is best known for bullying an innocent minimum wage employee because he didn’t like her boss’s take on gay marriage. Actions have consequences, and while the cumulative effects of the foolish and damning video have been excessive, no individual component of it is. Someone should be kind, obey the Golden Rule and give Smith a shot at redemption, but no one individual is ethically obligated to do so. Smith’s sad fate, which extends to his family, is still his own doing, and he alone is accountable.”

Continue reading