the Rule of Universality

Now THAT’S A Norm Presidents Shouldn’t Mess With…

/ Jack Marshall / 27 Comments

Apparently President Trump lobbied Prime Minister Benjamin Netanyahu’s government to bar two of the President’s least favorite members of Congress, Representatives Tlaib of Michigan and Ilhan Omar of Minnesota,  from entering Israel for official visits. Israel then reversed an earlier  decision to admit the two Muslim Democrats, both supporters of the international Israel boycott movement.

From the Times:

An Israeli official close to the prime minister’s office said on Thursday that a call came from the Trump administration as recently as this week pressing Mr. Netanyahu to bar the congresswomen. The official, who spoke on the condition of anonymity to discuss delicate information, said the prime minister found himself in a “lose lose” situation, having to choose between upsetting Mr. Trump or the Democrats.

Of interest but irrelevant to the ethics issue is this morning’s news that Tlaib is now being allowed to enter Israel on humanitarian grounds in order to visit her 90-year-old grandmother, provided the Congresswoman pledges  “not to  promote boycotts” while in the country. That’s nice. But it doesn’t change the analysis of what Trump did.

One of the “Big Lie” attacks (I haven’t yet added this one to the Ethics Alarms Big Lie Directory, but it will be #6) on President Trump, spurred by partisan academics and gullibly swallowed whole by history-challenged members of the public, has been that this President uniquely ignores or violates so-called “democratic norms,” meaning that he frequently takes actions that may be within his power, but that traditions, precedent and the practices of his predecessors have established as un-Presidential or even taboo. For the most part, this is contrived criticism representing a double standard and requiring historical amnesia. Presidents break norms, and the stronger ones break them frequently. Democrats attempting to equate  breaking precedents as the equivalent of “high crimes and misdemeanors” are showing their hand: this complaint is just one more unethical justification for a “resistance” coup.

The fact that there is nothing automatically wrong with breaking norms does not mean that all norms should be breached, or that breaching a particular norm is wise, responsible, or ethical. A President enlisting a foreign ally to take negative action against a member of Congress is one norm that shouldn’t be violated.

The action is unethical by any ethical standards. From a Golden Rule standpoint, no President would tolerate members of Congress lobbying foreign governments to take adverse action against him, though I have little doubt that this has been attempted by legislators in the past. Kant’s Rule of Universality would reject the practice as a new norm, and from a utilitarian standpoint, it’s hard to see how such conduct by a President would result on balance in more beneficial consequences than negative ones. Continue reading →

OK, Facebook Friends, Let’s Pretend It Isn’t Kavanaugh…Let’s Pretend It’s ME.

/ Jack Marshall / 91 Comments

I’ve had this post composed in my head for some time, and have hesitated to complete it. I really don’t like upsetting people I care about, much as some might think otherwise.

However, there has been such escalating fanaticism on Facebook (and elsewhere, of course), ringing through the echo chamber, about how Dr. Ford must be “believed” and how the judge is a “serial rapist,” I have to ask: would you all treat me this way? Would you react to seeing my career and reputation derailed by the sudden appearance of a high school acquaintance who announces that she has only recently come to realize that I had sexually assaulted her at a party? After hearing my denials, would you decided to determine that her account, with no verification by any witnesses, with the large amount of time past and with absolutely nothing in my record, professional or private life, to suggest any such proclivities, should be sufficient to have me labelled as untrustworthy?

Don’t resort to the “but he’s going to sit on the Supreme Court” trick. I’m a professional ethicist: an accusation that is widely metastasized into doubts about my character, including using it to tar me a liar, would be just as ruinous to me as the late hit on Kavanaugh is disastrous to him. There is no “well, this is wrong UNLESS its a Supreme Court nominee” principle: that’s a pure rationalization. No, if the Ford accusation, with all of its flaws, its basis in fading and rediscovered memories, the fact that it involved juveniles, all of that, and the objective professional observations by Rachel Mitchell that found several reasons why Ford’s testimony was incredible, is still enough to allow you to condemn Judge Kavanaugh, then it must be enough for you to condemn me too.

But I’ll make it easier for you: let’s say its me that is the current Supreme Court nominee, and me that your favorite party has condemned as a threat to civilization. (And lets assume that you haven’t read any of my judicial decisions either.) Continue reading →

Your Tuesday Evening Brett Kavanaugh Nomination Ethics Train Wreck Report

/ Jack Marshall / 94 Comments

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 →

Morning Ethics Warm-Up, 4/18/2018: The Bad, The Beautiful, And The Stupid

/ Jack Marshall / 30 Comments

Good morning, everyone…

1. Tales of the King’s Pass. Fox News put out a statement saying that Sean Hannity had its “full support.” We can assume that means no punishment, no sanctions, not even any public regrets, despite the fact, and it is a fact, that the right-wing talk-show host-turned-Trump propagandist went on the air and defended Trump’s fixer, Michael Cohen, without mentioning the fact that Hannity was Cohen’s client. Thus Fox is announcing, in effect, that undisclosed conflicts of interest are just fine and dandy if your ratings are good enough. This also means that Fox News is admitting that it really doesn’t care about candor, honesty, and objectivity, since it will ignore blatant violations of all three if the profit is sufficient.

In fairness to Fox, Hannity’s blatant biases toward all things Trump are no more egregious than the open Obama bias displayed across the mainstream media’s full spectrum of journalists and pundits; it just stands out more because he has less company. However, this is a specific conflict of interest, with Hannity having undisclosed connections to a newsmaker that could reasonably affect his commentary. The closest parallel would be ABC’s George Stephanopoulos reporting on the Clinton Foundation’s dubious activities without telling viewers that he was a $75,000 donor. ABC didn’t discipline him, either, but at least he made a public apology on the air.

To make the King’s Pass case even stronger, after Politico reported this week that dinnertime news anchor Bret Baier played nine holes of golf with President Trump over the weekend, Fox News acknowledged that Baier was admonished by the president of the network.  I don’t agree with the reprimand at all. The opportunity to spend that kind of time with a President is invaluable, a rare opportunity to acquire insight and access over an extended period of time. The idea, I assume, is that it creates the illusion of chumminess. It’s a dumb illusion. If I were a journalist,  I would play golf with anyone if it allowed me to learn something. If I were president of a network, I’d reprimand a reporter for turning down such an opportunity.

2. The Virtue-Signaling Hall Of Fame. Starbucks is reacting to the PR nightmare arising out of the arrest of two black men for refusing to order anything while waiting for a companion in a Philadelphia Starbucks by a grand gesture: it will close all U.S. stores and corporate offices on the afternoon of May 29 for “employee racial bias training.” I suppose this is good crisis management, though cynical and non-substantive. It also permanently tars as a racist the Starbucks ex-manager, who says she was following a locale-specific company policy in an area that had experienced problems with loitering. Continue reading →

Ethics Observations On The Philly Starbucks Ethics Train Wreck

/ Jack Marshall / 73 Comments

The now viral Starbucks incident that took place in Philadelphia last week is a genuine ethics train wreck.

Two days after two men were arrested while waiting for their friend at a local Starbucks, the company has issued an apology.

Police were called to a Starbucks after two men, who were African Americans, refused to leave the coffee store after they were told that they needed to buy something in order to stay there.  The men were waiting to meet companion to have a meeting. The store management then summoned the police.

 

The men now have an attorney, Lauren Wimmer, who says that her clients were waiting in the Starbucks  for less than 15 minutes. “These guys were doing what people do every day, they were having a meeting and they were undoubtedly singled out because of their race, ” she says.

The company tweeted the apology yesterday:

Ethics Observations: Continue reading →

From “The Progressive War On Free Speech” Files, The Unethical Website Of The Month: “Leave Your Dog Poop On Crissy Field”

/ Jack Marshall / 12 Comments

I’d like to take a national poll, a California state poll and a San Francisco poll asking who thinks deliberately littering the site of a planned far-right demonstration with dog shit is an ethical thing to do. I think it would tell us a lot.

Patriot Prayer, a far right group that has held several  “free speech” events in the Pacific Northwest, applied for and was awarded a permit to hold a demonstration today on San Francisco’s Crissy Field.  San Francisco’s officials, being totalitarians at heart and like their increasingly senile but steadily anti-speech member of Congress, Nancy Pelosi, hostile to the concept of free speech, tried to pressure the National Park Service to deny the group a permit. The Service, foolishly hewing to the Constitution, demurred. The city’s police department  planned for a riot.

To foil the demonstrators, an artist named (yes, I checked this one for being a hoax) “Tuffy Tuffington,” had a brainstorm, or perhaps shit-storm is the better description:  to make the beach uninhabitable for Patriot Prayer First Amendment protected proceedings, he urged San Franciscans to plan to festoon Crissy Field, which is normally a lovely beach by the shadow of the Golden Gate Bridge, with piles of their various dogs’ droppings

“I just had this image of alt-right people stomping around in the poop,” said Tuffy, a self-righteous asshole. He is convinced that this is the best way to respond to right wing extremists in the wake of Charlottesville.  Presumably, President Trump will be required under threat of impeachment to declare that there is nothing wrong with defiling a public place and breaking the law to make it impossible for a group to demonstrate, because it is a false moral equivalency to insist that all Americans have equal access to Constitutional speech. Do I have that correct, Tuffy? Continue reading →

Yes, Virginia, There Is A White Supremicist Teacher Principle

/ Jack Marshall / 136 Comments

“Oops! Sorry.”

 

A commenter yesterday inquired about the Ethics Alarms position regarding efforts to punish participants at white nationalist rallies by publishing their photos on Facebook and other social media, presumably to help get them fired.

I’ll begin the analysis with the Naked Teacher Principle, explored in its many variations on Ethics Alarms, which states,

“A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.”

The same general reasoning would apply to a secondary school teacher or administrator (or other role model for children) who placed videos or photos of himself or herself demonstrating in favor of racist causes, or giving the “Sieg Heil!” salute, on social media. Even a superb teacher, and one who never exhibited any racial bias at all, would be rendered untrustworthy by such photographs. A neo-Nazi has a right to his or her political views, but those views cannot interfere with the individual’s ability to do a job.

No, I wouldn’t trust a Klan member, a neo-Nazi or a white nationalist to teach my child.

The same would apply to social media posts, and the exact analogy are the college professors who have recently found themselves enmeshed in controversies by declaring on Twitter or Facebook that white people should be killed, that males are a social contagion, or similar bigoted sentiments. These teachers should be separated from their students, and many, though not all, have been. They are, however, publicizing themselves, as well as their bigoted views. Like the naked teachers who posed on-line, they are accountable for the images they project and publish, and how those images affect present and future employees.

However, this is different:

Thousands of strangers across the country had been working together to share photographs of the men bearing Tiki torches on the University of Virginia campus. They wanted to name and shame them to their employers, friends and neighbors. In a few cases, they succeeded.

The activity described is a direct effort to punish people for  their opinions expressed through legal means. It is in the same unethical category as sending private e-mails that reflect badly on former lovers through social media, or using a questionable tweet to destroy the life and career of the tweeter. This kind of  “amateur sleuthing”  as the Times whitewashes the practice, is vicious, destructive, reckless, unfair, and a Golden Rule breach.

I have already pointed out that I might be tempted  join a demonstration against the unethical airbrushing of history that taking down Robert E. Lee’s statue in his home state represents. If I were an idiot (but not a bigot), and didn’t recognize that the white nationalists were just exploiting the General’s memory for their own agenda, I might have been in that group of Tiki torch marchers. A photograph of me marching with a bunch of Klansman and neo-Nazis would hardly be good for my ethics business, though I would be completely innocent of racist views.

The “amateur sleuths” also are not always correct (being amateurs, after all) , as well as being self-righteous, vicious, and opponents of free speech. The Times describes that fate of a professor, Kyle Quinn, who runs a laboratory dedicated to wound-healing research, and who resembled another man caught in a photo marching with the racists. Quinn was attacked on Twitter and Instagram, and social media demanded that he be fired, accused him of racism, and posted his home address online.

Nice.

Be proud, you vicious social justice warriors! Continue reading →