The NFL Anthem Protest Ethics Train Wreck

Sunday Ethics Warm-Up, 2/17/2019: Best People, Worst Candidates, Noisiest Spectators, Battiest Activists

/ Jack Marshall / 28 Comments

This where Clarence Darrow and I are headed…

Weekend Greetings from Ethics Alarms!

1. I’m on the way to New Brunswick, New Jersey for a President’s Day legal ethics CLE seminar for the New Jersey Bar. This is my Darrow program, and my long-time Clarence (18 years!), Paul Morella, is unavailable, so taking on the role will be Bruce Rauscher, who received a Helen Hayes nomination (that’s the D.C. Tonys) for playing the prosecutor in my production of “The Andersonville Trial.” Like so many expert prosecutors, Bruce is now moving over to the defense because the money is better.

2. KABOOM! Ann Althouse found this disturbing dead canary in the mine: over 10 thousand people online thought the cartoon below was racist:

Althouse seems to miss the significance of this: she asks if anyone “gets” humor any more. That’s not what’s going on here. A stunning number of people really believe that voting—or hiring, or admitting college applicants—on the basis of merit is racist. This belief itself is racist, as well as destructive, illogical and batty, but that’s what culture will do to you eventually, if you don’t have a strong foundation of ethical values and critical thinking skills.

How can you argue with someone who “thinks” like this? Are they beyond hope?

3.  More Warren The Demagogue. I was going to let this go, because so many Democrats are embarrassing themselves of late and I don’t want to give more ammunition to those who accuse me of right wing bias. But Professor Turley flagged this blatant example of Senator Warren’s demoagoguery and his reaction was identical to mine, so I’ll let him take over:
Continue reading →

Saturday Ethics Warm-Up, 2/9/2019: “Your Host Is Finally Feeling Better’ Edition.

/ Jack Marshall / 14 Comments

Good day!

1. More evidence that a lot of Americans have trouble with this “democracy” thing. Former Democratic Representative John Dingell ofMichigan died this week at 92. He became  the longest-serving member of Congress in history before he finally agreed not seek re-election in his 80s, but that’s not the real head-exploder in his obituary. It was this…

“Dingell first arrived to Congress in 1955, taking over the seat held by his father John Dingell, Sr., who had died earlier that year, and the younger Dingell continued to serve in the House for more than 59 years. He announced in 2014 that he would not seek re-election and instead his wife, Debbie Dingell, ran for his seat and is now serving her third term.”

A little googling will reveal that Daddy Dingell served in Congress from 1933 until Junior took over. That means that voters in the district have sent only members of the Dingell family to Washington for 86 years. Debbie Dingell, the alliterative named widow of the departed, had no apparent experience in legislation before she was elected to hold the Perpetual Dingell Seat.

This is laziness, civic inattention, vestigial aristocracy and passive democracy at work, or rather, in a semi-coma. There is no excuse for electing leaders based on family connections and name recognition, except that Americans have been doing it for a couple of centuries. I know you can’t fix stupid, but the parties are exploiting stupid, and that goes to the heart of democracy’s greatest weakness: government by the people means a lot of really lazy, ignorant, biased and irresponsible people are going to involved in government.

2. Of course. The New York Times today defends the ongoing efforts by Congressional Democrats to make it impossible for the elected President to govern by burying the administration in specious and intrusive investigations. “Harassment? Nope. Oversight.” is the disingenuous headline of the paper’s Saturday editorial. Oversight is an important Congressional function, but investigations based on the logic “Gee, this guy seems sleazy to me and we don’t trust billionaires, so let’s keep digging into his personal and business affairs until we find some dirt” or “So far our impeachment bills have gone nowhere, but if we keep investigating, I bet we can find some real offenses” are not oversight. Oversight must be handled in good faith, and there is no good faith among Democrats, who made their intentions clear the second Trump humiliated Hillary Clinton. Their stated objective is to get him removed from office by any means possible, and if that fails, at least to reduce his public support to the point where he cannot govern. Harassment in the workplace is defined by creating a hostile work environment that makes it impossible for the target to do his or her job. Could this describe what kind of work environment the “resistance” and the news media (the Times, in defending Congressional Democrats, is also defending itself) have created for President Trump any more precisely? Continue reading →

Morning Ethics Warm-Up, 2/7/19: Kneeling Cub Scouts! Face-licking Politicians! Everything Is Spinning Out Of Control!

/ Jack Marshall / 19 Comments

Good morning from Austin!

I really woke up in the Austin Marriott feeling pretty well for the first time in over a month. The bad news is that I might just have to stay here forever…

1. Tales of the double standard. The news media almost universally thinks that Nancy Pelosi’s sarcastic applause routine at the State of the Union this week was hilarious. Let’s keep this in mind the next time these people bemoan the deterioration of civic discourse and the toxic partisanship in Washington. It’s such a cliché by now that it is useless to repeat it, but I’ll say it anyway: imagine what the media reaction would have been if John Boehner or Paul Ryan had treated Barack Obama that disrespectfully during one of his speeches. They would have been up in arms in protest, and they would have been right. Or, if you like, imagine the fury from the news media if President Trump had responded in kind to Pelosi’s affront, and raised his middle finger right in her face.

At this point, he might as well.

2. Air Travel Ethics. I usually make sure that I have an aisle seat, but this time I was stuck at a window. When the plane reached the gate, the gentleman on the aside in my row just sat there, refusing to get up and allow me and the woman in the center to begin gathering our belongings from the upper bins. The woman in the center seat did everything short of saying, “Hey, ass, get up and let us out,” but he just sat there, chatting with his friend across the aisle.  In actual time, this probably delayed my exit from the plane a minute or two, but the feeling of being trapped is not pleasant. I’ve been on hundreds of flights, and this is the first time anyone deliberately blocked me in.

3. Northam-Fairfax-Herring fiasco updates!

Continue reading →

Morning Ethics Warm-Up, 2/1/2019: Dumb, Dumber, Fake, and Fakiest

/ Jack Marshall / 6 Comments

At least this guy has hair…

If I’m out of bed, it’s morning to me…

1. Update. Wow. My furious ex-Ethics Alarms commenter actually filed a motion to oppose my motion to extend the time to file a response brief to his rambling 70+ page, incoherent rant of an appellant brief, as he tries to get the dismissal of his defamation suit against me overturned. Such extensions are granted as a matter of course and courtesy, and real lawyers never oppose them, so a petty motion like that sends a strategically unwise signal to the court that this is not really a legal matter but an abuse of process to pursue a grudge. Of course, reading the brief itself makes that clear.

2. Incompetent Elected Official Of The Day: Rep. Jason Crow (D-Co), who tweeted about the President sending troops to the border,

This guy needs to be sent back to government kindergarten. Troops are almost always deployed for political reasons, both national and international. Does he remember when LBJ sent troops into Selma? How about Truman using troops to break the railroad worker’s strike? Commenter Tim Levier correctly notes, “What troop was ever deployed for a non-political agenda? They go where the politicians send them. And what better place than in their home country defending their actual borders for national defense?”

The  new class of Democratic representatives is one for the ages. What an idiot. Continue reading →

Is The NFL Anthem Protest Ethics Train Wreck The Dumbest Of Them All?

/ Jack Marshall / 11 Comments

It would seem so. Gladys Knight agreed to sing the National Anthem at the Soper Bowl, and is getting criticized. Why? “The legendary singer is being criticized for agreeing to take the gig in light of some fans boycotting the National Football League over its treatment of former San Francisco 49ers quarterback Colin Kaepernick.”

One of the thinks that makes the NAPETR so mind-numbingly stupid is that the point of the pointless protest keeps changing, because the protesters just want to protest. Kaepernick, when he was a back-up quarterback of fading skills, claimed he was kneeling during the national anthem to protest “bodies in the streets” and “ people getting paid leave and getting away with murder.” That was inarticulate, and also vague Black Lives Matter propaganda paired with a direct assault on the anthem, since he began by saying that the U.S. flag didn’t deserve his respect. Then other players began kneeling in “solidarity,” but claiming that the protest during the anthem had nothing to do with the anthem. When they were all justly criticized for bringing (incoherent, half-baked, virtue-signaling racial) politics into football games, the said they were protesting to exercise their First Amendment Rights. (There is no right for employees to protest in the workplace), Then when President Trump attacked the protesters and the NFL teams for putting up with them, the kneeling was explained (by some) as a protest against President Trump, a nice safe default these days. Now the kneeling is partially justified as a protest against no NFL team hiring a mediocre quarterback whose grandstanding created a huge public relations problem for the league and who cost it many millions of dollars.

Now a pop singer, whose job is to entertain people, is being told she should not entertain people and should refuse to honor the anthem and the flag with her talents because these topics are too important. Of course, whatever Kaepernick thought he was protesting, there was not an electron of a chance that it would accomplish anything positive , particularity since what he was protesting–-you can’t just assume that any police officer is guilty and stop paying him, you moron—was based on bias, racism and ignorance. So why should Gladys withhold her talents from a national sports event that brings Americans of all races and creeds together? Oh, that’s right: because Amy Shumer says so.

This is like a bad Ionesco play.

Ann Althouse’s four reasons that the attacks on Knight are wrong are…

1. Don’t criticize Gladys Knight.

2. Don’t make singing the National Anthem into a bad thing,

3. The question of protesting the National Anthem is separate, and if you want to defend the players who have been protesting, you’re making a big leap if you go from arguing that the protest is respectful, respectable, and permissible to saying that protest is required and anyone not protesting is to be disrespected,

4. Those who are making that big leap are confirming the fears of the kind of people who worry that once something is permitted we’re on a slippery slope to its being required.

Here are mine: Continue reading →

Sunday Ethics Warm-Up, 12/16/18: As Bing And I Dream Of A White Christmas, Pre-Holiday Ugliness

/ Jack Marshall / 9 Comments

http://www.youtube.com/watch?v=w9QLn7gM-hY

Good afternoon!

[For some reason, Bing’s version of the song that begins the film “White Christmas”–accompanied by a music box–is completely off-key. This has bothered me for decades. How could this happen?]

1. Our trustworthy news media. How many news outlets reported this story? In 2016, Tribune Publishing Co. owner Michael Ferro met with corporate leaders from within his news empire, including chief news executives from the Los Angeles Times, the Chicago Tribune and The Baltimore Sun.  During the meeting, he engaged in old-fashioned Jew-bashing, railing about the “Jewish cabal” that ran Los Angeles. In 2018,  Tribune Publishing made the first in a series of secret extortion payments that totaled $2.5 million to avoid a threatened lawsuit filed by a fired newspaper executive who had been in that room, thus keeping Ferro’s anti-Semitic slur out of the news.

Yes, a news organization paid millions to suppress the news. The rest of the story is similarly disturbing.

2. KABOOM! This article made my head explode. Therein, CNN contributor Kate Anderson Bower attacks the First Lady, saying that “she doesn’t understand what it means to be first lady.” The article is perfect 10s all across the board: for arrogance, for bias, for Trump-bashing, for incompetence and historical revisionism. The accusation arose from statements Melania made in an interview with Sean Hannity, stating that the hardest part of her job was having to deal with her and her family being personally attacked by “comedians to journalists to performers[and]book writers.”  Bower writes that Melania was

“again making the job about herself and her family instead of taking the opportunity to talk about the challenges she sees other people facing…The entire moment was a lost opportunity to put attention on the families of struggling Americans she’s met in her role as first lady, especially since she spent time the very next day reading to children at Children’s National Hospital, some sitting in wheelchairs with IVs attached. And the Hannity interview took place on USS George H.W. Bush, a trip the first lady made to support members of the military and their families. Wouldn’t it have been heartening to hear her use that moment during the interview to talk about the women and babies she’s met struggling with opioid addiction, or the children who she has met as part of her “Be Best” campaign who have been bullied at school, or the people whose homes were destroyed in the California fires?”

I’ll tell you what, you presumptuous hack: when you’re First Lady, you show us how it’s done.

There is no job of First Lady for Melania to “understand.” Bower is imposing her values and priorities on the job, and claiming that she knows the job description, which has always fluctuated with the occupant and the times.  The job of the First Lady, to the extent there is one, is to do whatever is possible to help the President of the United States be successful and succeed, using whatever talents she has. There is no obligation for a First Lady to be Eleanor Roosevelt, nor is it written in ink or precedent that the President’s spouse has to concentrate on “the challenges she sees other people facing.”  Jackie Kennedy’s primary project was renovating the White House, where she lived. How did that help the poor and under-privileged?  Lady Bird beautified the shores of the Potomac. How was that a boon to the poor in Appalachia?  Nobody criticized their priorities. I wonder why? Continue reading →

Morning Ethics Warm-Up, 12/14/2018: PolitiFact Lies About The Lie Of The Year, And What’s This Taboo Stuff Bing is Blathering On About?

/ Jack Marshall / 93 Comments

Good morning.

1. So you think baseball ethics controversies end with the season? Not at Ethics Alarms!

  • Did you know that baseball has its own Colin Kaepernick, sort of? Free-agent catcher Bruce Maxwell can’t find a team, though he was once considered the front-runner to be the Oakland A’s starting catcher.  In 2017 Maxwell,  who is white, became the first and only major leaguer to kneel during the National Anthem. The buzz coming out of baseball’s winter meetings was that taking a knee was enough to make him persona non-grata among baseball owners.

Of course, the fact that Maxwellwas arrested on a gun charge in 2017 and later pleaded guilty to disorderly conduct, and also played poorly last season in the minor leagues doesn’t help. “This is not a Colin Kaepernick situation,” said an anonymous source at the meetings. “This is if Colin Kaepernick had knelt for the anthem and also been arrested for a gun crime.”

Except that things like gun crimes are not that big a deal in the NFL…

  • In a debate with baseball commentator Christopher “Mad Dog” Russo, Hall of Fame manager Tony LaRussa inadvertently gave a lesson in why conflicts of interests are a problem while simultaneously showing that he has no idea what a conflict is. Russo correctly protested that Harold Baines, recently a shock election to the Baseball Hall of Fame by a 16 member committee that included  close associates of Baines, was unqualified, and noted that several members of the committee, includiing Baines’ long-time manager LaRussa, had a conflict of interest. LaRussa’s rebuttal: “Do you think the people who know him better than the average expert, fan or even other baseball executives, have actually been teammates with him … when they speak with more knowledge about the type of player he was, I think that speaks more to his credit, not less.”

No, Tony. Those who knew and admired him are biased, and Baines should have been elected or not elected by a panel that knew him no better or less than it knew the other candidates. That Baines’ pals have inside knowledge that he, let’s say,  likes puppies, always held the door open for the manager’s mother, once bailed a team mate out of jail and often played despite a sore toe has nothing to do with his qualifications for the Hall. And LaRussa has a law degree! Maybe this explains his ultimate career choice. Continue reading →

Welcome To Grandstanding And Virtue-Signaling Creep!

/ Jack Marshall / 7 Comments

A San Francisco 49ers cheerleader “took a knee” during the National Anthem ahead of the team’s Thursday night game against the Oakland Raiders yesterday.

She should be fired. She isn’t employed to indulge her personal political leanings in public, and this is no more appropriate than raising a sign advertising a candidate for office or one extolling the value of Cheetos. There is no right to appropriate one’s workplace on the job for an expression of personal social or political views.

How can the 49ers fire her, though? They haven’t punished any football players for taking the same, arrogant, intrusive liberty. The team would be called sexist. Other cheerleaders would kneel in solidarity. The players would also rally to her support. Next the team will have vendors and ushers kneeling. President Trump will probably tweet some offensive comment, like “Fire the bitch!”

All of this, because the 49ers didn’t have the guts, foresight, commons sense and respect for their paying customers to discipline Colin Kaepernick the first time his knee hit the field, and lay out the basic conditions of his employment in case he was under some delusion that he had a right to do such a thing.

 

Sunday Ethics Leftovers, 10/21/18: Gibberish! Lottery Schemes! Comment Spam! Fake Protests!

/ Jack Marshall / 28 Comments

Good night!

1. Comment moderation ethics. In many online news sites, including those of major newspapers, the comments contain  this spam:

I have received $18429 last month by working online from home. I am a full time college student and just doing this easy home based job in my spare time not more than 3 to 4 hrs a day. This online job is very easy to do and its earnings are awsome than any other office type full time job. Join this home job right now and start making more cash online by just follow instructions on this blog…..

I’m looking at a Boston Herald online article about the World Series, and out of 14 comments, 8 are some version of the text above. First of all, of course, the people who post it are unethical creeps, polluting a discussion forum to pick up some cash. The site operators are just as bad. If you can’t moderate a comments section and keep it readable and on-topic, then don’t have one. Lazy, irresponsible and with no respect for readers—and they wonder why the public doesn’t trust the news media.

2. Here’s a rule of thumb: If a group or individual publicly announces a formal ethics complaint being made against a lawyer or a judge, it an abuse of process and the complaint system. Such ethics complaints should be made privately, since they are investigated and only become public if reason is found to levy sanctions. The announcement of a complaint in a press release or other public forum means that the complainant is trying to impugn an individual without proof, fair gearing or due process.

Judicial Watch has filed a complaint against Christine Blasey Ford’s lawyers,  and released the letter to the bar to the public. There may be some grounds for discipline, though it’s borderline. More unethical, in my view, is Judicial Watch using the ethics complaint process as a political weapon.

3. Signature significance, but of what? Comedian Amy Schumer announced that she won’t appear in any Super Bowl commercials to show her support of Pioneer Pointless NFL Kneeler Colin Kaepernick. What is that? Can you boycott something you haven’t been asked to do? Why is she boycotting the Super Bowl to support a protest against (sort of) racial injustice and police brutality? If people were desperate to have Amy in an ad, what would they have to do? Pass laws letting people resisting arrest to threaten police officers without consequences? Authorize reparations to be paid to anyone with an Elizabeth Warren-like percentage of slave blood? Now, Amy protesting the fact that NFL is making billions by giving young athletes brain disease, that would make some sense.

I think making a pointless and silly announcement like this is signature significance for someone who  will do anything to get publicity and signal their virtue to the social justice warrior faithful. Anyone else would realize how idiotic it is. Continue reading →

Sports In The Ethics News!

/ Jack Marshall / 4 Comments

Gynnastics and Football! Mary Bono, yes, Sonny’s widow, resigned as the interim CEO of the USA Gymnastics Federation after a tweet in which she dared to express disapproval of Nike, presumably because of its decision to elevate renegade NFL kneeler Colin Kaepernick to role model status.  The tweet pre-dated her agreement to serve as an interim head while the embattled organization tries to dig out from a sexual molestation scandal. Nike is being sought as a major sponsor of women’s gymnastics, as several fled after the Federation was disgraced in the Larry Nasser scandal. Simone Biles and other gymnasts used social media to questioned whether Bono was fit to lead the organization and whether it was wise to alienate a potential sponsor. Chalk this one up to another set of timid bureaucrats being more terrified of social media than they are interested in running their organization competently. Nike now politicizes everything it touches, and has taken up permanent residence on the Left, because it thinks that where the market and the money is. Surely there are potential corporate sponsors that aren’t fond of using divisive messages to sell merchandise.

Is the new cultural standard going to be that impulsive tweets from the past, recent or distant, are legitimate reasons to can qualified people from jobs in which they have done nothing wrong? Bono’s fatal tweet just said that she had crossed out the “swoosh” on her own shoes.

Boy, when President Trump’s tweets come out, he’s going to be in BIG trouble…

On the other hand, Bono is an idiot. Her post resignation tweet suggested that both the kneeling NFL players and her swoosh censorship were protected free speech. She was a member of Congress, and she doesn’t understand the First Amendment. Worse, every time a presumed authority repeats that dead wrong “the players have a right to protest on the field” canard, America gets a little dumber.

Fire her for THAT.

Baseball! (Of course…): Continue reading →