Catching Up: Professional Ethics And The Challenger Disaster

Because of non-ethical matters in the Marshall household, I missed posting about the January 28 anniversary of the Challenger disaster, as it is labeled among the thousands of Ethics Alarms tags. I have written about and alluded to the completely avoidable explosion of the Space Shuttle in 1986 many times (you can check here), and there may be no other incident that so perfectly encapsulates the complexities of professional ethics, especially in a bureaucracy. In 2016, I offered an ethics quiz on the topic.

In 2020, Netflix presented an excellent, if extremely upsetting, docudrama on how the fiasco unfolded, “The Challenger Disaster.”

I have used the tragedy in my legal ethics continuing legal education courses to force attendees to consider what might make them decide to breach legal ethics and place their careers at risk when an organizational client is hell-bent on what the lawyer knows, or thinks he or she knows, will be disastrous. Legal ethics rules are different from engineering ethics, though the latter has caught up considerably since the Space Shuttle explosion, and in part because of it. However, I view the ethics conflict in parallel situations in both professions the same, as well as situations in medicine, organized religion, the military, and government. When would, and should, professionals decide to do everything in their power to stop the consequences of a terrible decision when it is outside their role and authority to do so?

In my legal ethics seminars, a majority of lawyers ultimately say they would have done “whatever it took” to stop the Challenger’s launch, whatever the consequences, if they knew what the engineers knew. They said they would go to the news media, or chain themselves to the rocket if necessary. Of course, saying it and doing it are very different things.

Here is the most recent incarnation of my Challenger disaster legal ethics question, which I presented to government lawyers a year ago. What would you answer? It is called “The Launch.”

***

In 1986, Roger Boisjoly was a booster rocket engineer at Morton Thiokol, the NASA contractor that, infamously, manufactured the faulty O-ring that was installed in the Space Shuttle Challenger, and that caused it to explode. Six months before the Challenger disaster, he wrote a memo to his bosses at Thiokol predicting “a catastrophe of the highest order” involving “loss of human life.” He had identified a flaw in the elastic seals at the joints of the multi-stage booster rockets: they tended to stiffen and unseal in cold weather.  NASA’s shuttle launch schedule included winter lift-offs, and Boisjoly warned his company that sending the Shuttle into space at low temperatures was too risky. On January 27, 1986, the day before the scheduled launch of the Challenger, Boisjoly argued for hours with NASA officials to persuade NASA to delay the launch, only to be over-ruled, first by NASA, then by Thiokol, which deferred to its client. Another engineer, Bob Ebeling, joined Boisjoly and begged for the launch to be postponed, only to be overruled.

That night, Ebeling told his wife, Darlene, “It’s going to blow up.”

Question 1Should one or both of the engineers have “blown the whistle”?

  1. They did.
  2. Only the engineer who was sure that it would be a disaster.
  3. No, that’s not their role, their decision, or their call.
  4. After the explosion, but not before.
  5. I have another answer.

 Question 2: How are the ethical obligations in such a situation different for government lawyers than engineers?

  1. Government lawyers have to disclose when human life is threatened, engineers don’t.
  2. Engineers have to disclose when human life is involved, government lawyers don’t.
  3. Lawyers get kicked out of their profession for blowing whistles, engineers just get blackballed.
  4. There is no difference.
  5. I have another answer.

The Facebook “Whistleblower” Thinks That The U.S. Needs More Censorship

I have to admit, Frances Haugen has played this beautifully. Like many so-called whistleblowers (not all), she picked an ideal moment to betray her previous employer, in this case Facebook, leak proprietary documents, turn herself into an instant media star, guarantee books deals, speaking tours and TV stardom, and be praised to the skies by gullible, grandstanding and cynical politicians.

“I’m here today because I believe Facebook’s products harm children, stoke division and weaken our democracy,” the former Facebook product manager said before a Senate subcommittee on Tuesday. Perfect. I wonder if her media advisor helped her draft it.

Here is all you need to know about Haugan: According to her own website, Haugen was a member of Facebook’s internal  Civic Integrity team in 2020. That means she was part of the team that made the decision to ban the Hunter Biden laptop story by the New York Post from Facebook in October 2020. Facebook, and its evil twin Twitter, refused to allow circulation of the story, accepting without evidence the defensive Democratic talking point that the laptop was a plant was tied to Russian intelligence. Those claims were disinformation, we now know, and the laptop really did belong to Hunter Biden. Facebook’s partisan embargo on the truth might have determined the election. Is blocking a story that might defeat Joe Biden what the whistleblower considers avoiding division and protecting democracy?

It’s a rebuttable presumption. I don’t trust Haugan, her motives, or her message.

Continue reading

Unethical Tweet Of The Week: Matt Zoller Seitz, With An Assist From Ann Althouse, Sliming Principled Whistleblowers

Stoller tweet

Let me preface this commentary with some disjointed points:

  • When tweets are involved, I should probably call this category “Unethical Tweet Of The Hour.” Minute, even.
  • Matt Zoller Seitz is a hard-left critic and screenwriter who sometimes opines for the proudly Left-Lunatic “Daily Kos.”
  • Ann Althouse’s reaction to this—she gets the EA Pointer for finding the tweet—puts me in mind of Captain Von Trapp’s rebuke to his friend, the venal and principle-free theatrical producer Max, in “The Sound of Music” film when Max tries to rationalize the Anschluss by noting that it was “peaceful”: “You know, Max. . . . . .sometimes I don’t believe I know you.”
  • She also professed ignorance at the tweet’s reference to “the Bruenigs.” See the note immediately above: it took me ten seconds to check the reference, longer than it must have taken Ann to write that she didn’t understand it. Matt Bruenig is a Socialist pundit, and Elizabeth Bruenig is a former columnist at the Washington Post of similar ideological sympathies, now with the New York Times. The Bruenigs have a podcast called “The Bruenigs.”
  • The “tweets” Althouse refers to relates to a re-tweeter of the Seitz tweet who added this shot from a film I couldn’t identify:

Preppy assholes

Sietz is scummily implying that criticizing the now obvious turn by the American Left to totalitarian-style speech suppression and the mainstream news media’s complicity in the process is the equivalent of Fifties-style, white prep school  conservatism mocked in films like “Auntie Mame,” Animal House,” and “Trading Places.” In fact, Greenwald, Sullivan, Yglesias and, though unsmeared here, Matt Taibbi are all left-leaning journalists or pundits of long standing who have had the integrity to break with their biased and unethical employers to blow necessary whistles on their former colleagues, as mainstream journalism has abandoned any pretense of doing its job while following its own ethics rules.

Continue reading

Ethics Savings Time, 3/14/2021…

 

devil on shoulder

1. While I’m thinking about Republican Senators (as in the previous post)... A new Des Moines Register/Mediacom Iowa Poll indicates that a majority of Iowans,though only a third of Iowa Republicans, say they hope U.S. Sen. Chuck Grassley (R) decides not to seek reelection in 2022. For Democrats, this may be another example of having the right opinion for the wrong reasons: they might just think with Grassley out of the way, they have a better chance of replacing him with a Democrat. But the man is 87 years old. It was unethical for him to run for re-election the last time, in 2016. Is Grassley really going to tell voters that he expects to be fully alert, competent, healthy and alive until he’s 93?

Grassley needs to watch videos of Sen. Strom Thurmond in his waning years. This is an ethics test for him, and it shouldn’t be a difficult one.

2. Update: Yesterday I told a friend, ethicist and Georgetown Law Center grad about the Sandra Sellers mess, and his immediately reaction was, “So they fired her for telling the truth?” Yet many law school alums signed the petition to have her canned for “racism.”

If they don’t know that being admitted with lower credentials means that any group—including the children of big donors— will tend to settle at the bottom of the class, then a lot of Georgetown Law Center grads are either not as smart as they need to be to practice law competently, or not honest enough to practice law ethically.

Continue reading

Fire These Free Speech-Chilling School Administrators

Hannah Watters, a sophomore at North Paulding High School outside Atlanta, took a cell phone photo of her school’s crowded  hallways showing few students wearing masks.  She posted it to social media, and the school suspended her.
Then Hannah’s mother, Lynne Watters, spoke with the school’s principal by phone. The school immediately backed down, and said her daughter  would not be suspended, nor would a suspension  appear on her daughter’s record. That’s nice, but it’s too late. You can’t undue blatant intimidation designed to crush basic rights. The fact that she would be suspended at all, regardless of how long, because the school was embarrassed by its own conduct shows an administration that will abuse its power to cover up its incompetence.

Time to clean house. Fire them all. Continue reading

Remembering Herb Stempel (1926-2020), Ethics Dunce Emeritus

 

I missed Herb Stempel’s death last month. If you aren’t 95 years old or didn’t see Robert Redford’s “Quiz Show,” that name probably doesn’t ring a bell, but Herb was a seminal figure in American popular culture ethics, and his story raises issues still unsettled today.

On the evening of December 5, 1956, Stempel, a City College student from Queens, was in his eighth week on the highly-rated NBC quiz show “Twenty-One.” He had won a total of $49,500, but the producers decided that his trivia-obsessed nerd persona (deliberately played up by the show, which instructed Stempel how to look especially dorky) was wearing thin. It was decided that his handsome, Columbia University professor challenger Charles Van Doren  should end Herb’s reign as champion, so Stempel was ordered to “take a dive.”  Despite Stempel’s protests, he was forced to whiff on the question,  “What movie won the Academy Award for best picture in 1955?,” an especially bitter pill because Stempel not only knew the answer, the winning film, “Marty,”was his favorite movie. Those who knew Stempel were shocked that he would answer, “On the Waterfront,.”

Van Doren went on to become the most celebrated  quiz-show contestant of all time—yes, even more so than Jeopardy’s Ken Jennings [Not “Jenkins” as I wrote here originally. Ken Jenkins is an actor, and he jumped into my head without being invited.] He was on the cover of Time magazine and received bags of fan mail and endorsement offers. Then Stempel, in part humiliated by the question he was forced to botch, in part out of jealousy, and maybe with a smidgen of public spiritedness, decided to become the prime witness as a federal investigation exposed the corrupt quiz show culture, telling the news media, prosecutors and congressional investigators that “Twenty One,” (and probably the other popular shows  like “The $64,000 Question,” “Tic Tac Dough’) was a fraud on the American public.

Van Doren was disgraced.  Stempel styled himself as a whistleblower and a hero. He assisted in the production of  Redford’s 1994 Oscar-nominated movie “Quiz Show,”  and also  in a 1992 documentary for the PBS series “American Experience.” After the film revived interest in the  quiz-show scandal, Stempel gave lectures and made radio and television appearances.

In other words, he cashed in. I see nothing admirable about Herb Stempel, though he is typical of many, perhaps most, whistle-blowers.

He testified that before his first appearance on “Twenty One,” the producer asked, “How would you like to win $25,000?” “Who wouldn’t?’” Stempel said he replied. Before each show, Stempel was given the questions and correct answers. He was coached to bite his lip, mop his brow, stammer, sigh, and act as if every question to which he had already been provided the answer might be the one to defeat him. He signed a false statement that he had not been coached and that he had lost to Van Doren, who was also provided answers, fairly. In exchange, Stempel was promised future paid television appearances. It was when the network reneged on those promises that Stempel blew his whistle and let the public and law enforcement know that the  quiz shows were fixed.

They didn’t recover until quite recently, with shows like “Deal or No Deal?” and “Who Wants to be a Millionaire?” having success on prime time. Before that, the format was mostly relegated to daytime television. It’s strange, though. The appeal of shows like “Twenty One” was the same as the appeal of today’s competition reality shows, like “Survivor” and “The Amazing Race”: the illusion that audiences were watching real people dealing with a genuine challenge. The ethical line between a contestant faking that he isn’t sure of an answer to a question in order to ratchet up the suspense, and a reality show contestant following a scripted plot is vanishingly thin. Various levels of fraud exist in most of these programs.

I even believed that Paul Lynde was so clever he came up with those hilarious answers on “The Hollywood Squares” spontaneously.

Saturday Ethics Warm-Up, 5/16/2020: The Experts Edition

Hey!

Why aren’t you at the beach?

1. One reason: it’s stupid at the beach. Here’s a sign on a beach at Ocean City New Jersey:

Explain that, please. Are you OK as long as you stay on the surfboard, but not permitted to swim if you fall off? Why is a solo sunbather breaching the rules? Sitting in chairs is dangerous, but standing around is not? These kinds of arbitrary restrictions can’t be justified, and will inevitably lead to public distrust and defiance…and ought to.

Here is the obligatory clip from “Bananas” (with Greek subtitles, for some reason):

2. Here’s the “expert” who is imposing dubious restrictions in LA County: Los Angeles County Director of Public Health Dr. Barbara Ferrer, who first told the county’s board of Supervisors that the county’s “Safer at Home” order would  be extended for three more months when it expired yesterday, then extended it with no end date. The reason her opinion should be worshiped without question is…well, I don’t know what.  As I keep trying to explain to my Deranged Facebook friends, you only allow doctors to dictate policy if the only thing the public has to worry about is health, since that’s all doctors care about: if we are reduced to living on roots and berries and living in caves, well, if everyone is healthy, that’s a win from from a doctor’s perspective.

Dr. Ferrer, however, isn’t even a medical doctor. She’s not an expert in virology or epidemiology. She has a Ph.D in  social welfare, making her a Doctor of Wokeness, and also has the degrees Master of Arts in Public Health,  Master of Arts in Education, and Bachelor of Arts in Community Studies.  Based on these credentials, she is paid a half-million dollars a year to tell citizens how they will be allowed to live their lives “for the greater good.” Continue reading

Was Mike Fiers Right To Blow The Whistle On The Astros’ Sign-Stealing Scheme? Pedro Martinez Has A Nuanced Ethics Answer

Martinez (L) and Fiers (R)

Last week I posted about ESPN baseball color commentator Jessica Mendoza earning her Ethics Dunce stripes for essentially calling Mike Fiers, the Oakland A’s pitcher who revealed to reporters that his former team, the 2017 Astros, had cheated their way to a  World Series title, a snitch. She said in part,

“When I first heard about it, it hits you like any teammate would. It’s something that you don’t do. I totally get telling your future teammates, helping them win, letting people know. But to go public with it and call them out and start all of this, it’s hard to swallow.”

Now Hall of Fame great Pedro Martinez , intrepid as ever, has weighed in with a verdict on Fiers that counters the accepted narrative that Fiers is a role model. Pedro also faults Fiers, but not for the reason Mendoza does. Pedro Martinez, fascinatingly enough, evaluates the problem by regarding a baseball team member as having similar relationship to his team mates as a lawyer does to a client.

That is not as much of a stretch as it might seem at first glance. Professions like that of lawyers is based on trust, and so is the relationship between team mates in sports (as well as partners in police cars, members of  military units, a manager and a personal assistant, and other close working relationships). The analogy is useful and apt.

Pedro opined (in an interview with radio WEEI in Boston, which broadcasts Red Sox games):

“If he was to do it when he was playing for the Houston Astros I would say Mike Fiers has guts. But to go and do it after you leave the Houston Astros because they don’t have you anymore, that doesn’t show me anything…You’re just a bad teammate. …

Now everybody knows you are going to have a whistle-blower in any other situation too [if Fiers is on your team.]. Whatever happens in the clubhouse stays in the clubhouse and Fiers broke the rules. I agree with cleaning up the game. I agree that the fact that the Commissioner is taking a hard hand on this….

BUT!

“If you have integrity you find ways to tell everybody in the clubhouse, ‘Hey, we might get in trouble for this. I don’t want to be part of this.’ You call your GM. You tell him. Or you call anybody you can or MLB or someone and say, ‘I don’t want to be part of this.’ Or you tell the team, ‘Get me out of here, I don’t want to be part of this.’ Then you show me something. But if you leave Houston and most likely you didn’t agree with Houston when you left and then you go and drop the entire team under the bus I don’t trust you. I won’t trust you because did have that rule.”

Continue reading

Ethics Dunce: ESPN Baseball Commentator Jessica Mendoza

(Jessica giggles too much too...)

This answers a question I’ve had ever since softball player Jessica Mendoza was added to the ESPN Sunday Night Baseball broadcast team: how can a nice, all-American girl like Jessica not gag having to work with Alex Rodriguez, one of the most loathsome personalities in baseball history?

Rodriguez, after all,  was caught twice using banned  PEDs (performance enhancing drugs), lied repeatedly throughout his career to the public, the press, and team authorities, was handed one of the longest suspensions ever given to a player, and was caught cheating in various ways whenever he thought he could get away with it. (My personal favorite was when he shouted “Mine!” as he ran from second to third while a pop-up was over the infield, causing the opposing shortstop to let the ball drop because he thought a team mate had called for the ball. ) His odious presence in the ESPN booth is why I  usually refuse to watch games broadcast by the trio of A-Rod, Jessica and play-by-play man Matt  Vasgersian—well, that and the fact that they are terrible, habitually engaging in inane happy-talk that often has nothing to do with what’s happening on the field.

Yesterday Mendoza appeared on ESPN Radio’s “Golic and Wingo” show to discuss the baseball’s sign-stealing scandal that has—so far, because more is coming— led to the firing of three teams’  managers, the dismissal of a successful general manager, and  cast a long shadow on the World Championships of the Houston Astros in 2017 and the Boston Red Sox in 2018. Oakland A’s pitcher Mike Fiers made himself a likely permanent pariah in his sport by blowing the whistle to the press on his former team, the 2017 Houston Astros, who engaged in an elaborate sign-stealing scheme via hidden cameras, electronic relays and, uh, trashcan banging for the entire 2017 season and post-season. The consensus, at least in public, around the game is that Fiers did the right thing for the long-term integrity of baseball.

Jessica disagrees. Her basic position is the same as inner city gangs and the Corleone Family: don’t be a snitch. She told Golic, Continue reading

Evening Ethics Update, 11/7/2019: Dr. King Is Un-honored, Virginian Republicans Are Non-Functional, Fox News Is Pro-Darkness, And Joy Behar Is Still An Idiot [CORRECTED]

Good evening…

1 . The progressive deterioration of the ridiculous Joy Behar. It’s clear the stress of engaging in issue debates for which she lacks the temperament, the education or the necessary data is stressing out Joy. On today’s edition of The View, some studio audience members who hadn’t received the memo that they were expected to only endorse the “views” of  the correct side of the political spectrum applauded guests Donald Trump Jr. and Kimberly Guilfoyle as they supported the President. Behar snapped at them, “This is not a MAGA rally!”  In such places there may be technically free speech, just not free non-conforming speech without abuse.

2. This makes no sense at all, nor is it ethical. Eric Ciaramella is the so-called whistle-blower who gave Rep. Adam Schiff the wisp of an excuse he needed to manufacture Plan S for removing the President, the supposed “quid pro quo” deal to make the Ukraine look for “dirt” on Joe Biden and his son. Lots of sources have published this—heck, I have—and no one has credibly denied it. In schoolyard terms, the cat is out of the bag. Nor is it in any way illegal for a news organization to publish what is increasingly public information. Okay, say he’s the “alleged” whistleblower.

Nonetheless, a Fox News executive sent out an email ordering Fox personnel, including hosts like Sean Hannity and Laura Ingraham, not to mention the name on the air because the network “had not confirmed it.”

Fox News, as you know, is always so careful about the accuracy of what its talking heads say.

Fox News media ethics watchdog Howard Kurtz defended not releasing the name of the whistleblower, saying it would send a “chilling message” to whistleblowers in the future. What “chilling message?” That if you decide to fulfill your partisan goals and help your pals by trying to bring down a President with rumors and hearsay, you should have the guts to do it publicly and accept the consequences? It’s not the news media’s job to make things easy for whistleblowers, and it is especially not their job to pretend that information already being publicized is a mystery.

The background and professional connections of this “whistleblower”—he’s really a leaker—are relevant to his credibility and the legitimacy of the current impeachment push. The public has a right to know, and democracy dies in darkness. Continue reading