Ethics Note To The Chicago Cubs: Double Standards Promote Racial Discord Even When They Aren’t As Stupid As Yours

The Chicago Cubs ridiculous virtue signaling and capitulation to political correctness bullying is metaphorically coming home to roost.

Love it.

In May, as I wrote about here, the Cubs banned a fan for life because he made the ubiquitous “OK” sign behind a black broadcaster. Nobody had any basis to say with certainty what the fan meant, but after the Twitter mob demanded the fans head, the Cubs meekly complied. You see, the OK gesture might have meant, “My race is better than your race,” because a rumor was circulated online that “OK” is a white power symbol.  It might have been trolling by someone who knew that the  symbol would trigger social justice warriors. Or, you know, OK might have just meant “OK” as it as for almost 200 years.

Hmmm…tough one! Occam’s Razor, anyone? Continue reading

Ethics Quote Of The Week: Stephen Fry

“I really will not allow the simple 👌 gesture to belong to the moronic dogwhistling catfishing foghorning frogmarching pigsticking dickwaving few who attempt to appropriate it for their own fatuous fantasies.”

—–British actor, writer, wit and all-around smart person Stephen Fry upon being warned that some people may think that he’s a white supremacist because he flashed the “OK” sign on Twitter.

Good for him.  He didn’t grovel. He didn’t apologize. He simply said, in essence, “Oh, sod off, you fools,” and that was that.  He rejected the right-wing trolls and the leftist speech police simultaneously, with open contempt. And that’s how to deal with political correctness bullying. Someone put him in touch with Harvard College.

On the down side, he’ll probably never be able to see the Cubs play in Wrigley Field.

_________________________

Pointer: Jim Treacher

 

Ethics Quiz: The Cubs Fan Ban

(I have already made up my mind about this one, but I’m willing to be persuaded otherwise…hence the quiz.)

At the start of the bottom of the third inning of the May 7th Marlins-Cubs game, the NBC Sports Chicago broadcast went to analyst Doug Glanville for some “in the stands” commentary. Behind Glanville,  , a fan in a hoodie waved hello to the camera, flashed a peace sign, then made an upside-down OK hand gesture with his fingers.

Always looking for outrages and ways to hype racial tension, sharp-eyed activists flooded  the Cubs  with tweets like this:

@cubs @dan_bernstein What say you about this racist fan flashing a white power sign behind Mr. Glanville at tonight’s game? pic.twitter.com/zR7DqYWgQv

— Marc Lipkin (@Flipkin) May 8, 2019

Whether or not that gesture is “racist” is a matter of opinion, debate, and context. Annoyingly and self-consciously “woke” lawyer-NBC sports blogger Craig Calcaterra explains: Continue reading

Morning Ethics Warm-Up, 9/5/2018: Doppelgangers And Other Weirdness

Oh-oh! It’s a creepy morning…

1. If “there are no coincidences,” then what the hell does THIS mean? The ethics category, if there is one, would be “Nature Incompetence,” or perhaps “deity abuse of power.” Look at minor league baseball pitcher Brady Feigl:

Oh! I’m sorry! I meant “Look at these TWO minor league baseball pitchers who are both named Brady Feigl.” One is in the Texas Rangers system, and the other is in the Oakland A’s system.

A similar example of God fooling around for his own amusement and our confusion had historical significance.

This man is Will West, a convicted criminal who was sent to Leavenworth Prison in 1903…

 

…and this is William West, who was already being held there:

The fact that the two men were so facially similar helped convince American law enforcement to begin using fingerprints rather than facial measurements for identification.

2. Over-blown conservative news media controversy of the week: In “First Man,” Ryan Gosling plays Neil Armstrong. For some reason, director Damien Chazelle decided to omit the iconic moment when Armstrong planted the American flag on the Moon. The Horror. Fox News can’t stop talking about it. President Trump has declared that he’ll boycott the film. Morons. Continue reading

Saturday Afternoon (Because I Was Up At 5 AM Writing About CNN’s Unethical “Town Hall”) Ethics Warm-Up, 2/24/18: Generic Packaging Scams, Goodbye Molly, Polls, And Welcome Student Commenters!

Good Afternoon!

1 The kids are all right! Ethics Alarms has recently been graced with comments by some intrepid and articulate high school students on the guns and schools issue. I salute all of them, as well as the teachers who sent them our way. Some of the students also encountered the tough debate style and sharp rhetoric that our regulars also engage in. One of the students who found himself in a particularly spirited exchange, mostly with me, just sent me a long, self-flagellating and abject apology. My response in part..

Relax. Apology accepted, and I am grateful for it, and admire you for writing it. But you impressed me in many ways. I wish I could meet you.

When I was growing up, there was no internet. I just managed to earn as reputation as a clown, a master of sarcasm and insults, and someone who would never back down from an argument the old-fashioned way—by talking. I made a million gaffes along the way. I made an ass of myself. I hurt people. I also scared some people, but eventually I learned some boundaries. Meanwhile, the skills I acquired being a jerk sometimes have served me well, in college, in law school, in management, in theater, in ethics. (I’m still a jerk sometimes. You have to keep that edge.)

You are welcome to comment on Ethics Alarms any time, my friend. Just remember we’re all human beings, nobody hates anyone, and no mistake is final.

I do hope that any time young readers who identify themselves as such come here to argue, Ethics Alarms commenters will keep in mind that the best result, no matter what they might say while testing the waters here, is to keep them coming back.

2. Packaging designed to make you feel stupid…I’d do a whole essay on this again, but there have been a lot of “yelling at clouds” posts lately. The common practice of generics intentionally imitating the packaging of the original product they derive from is per se unethical. (I’m sure I have written about this before, but cannot find it. I know I criticized the practice of cheap kids animated videos of  stories like “Beauty and the Beast” copying the artwork and color scheme of the corresponding Disney version to fool inattentive purchasers.) My wife just got caught by a CVS scam—the company is a long-time offender—that fooled her into buying for my use an inferior knock-off of Pepcid A-C which I need because the Parkland shooting deception and agitprop is giving me ulcers. It is intentionally packaged with a red fez-shaped cap to look sufficiently like the good stuff to deceive consumers.

See?

Of course, as with the video, it isn’t exactly like the original: the shade of red is different, the cap shape isn’t quite the same, giving them plausible deniability.

There should be some kind of law or regulation to discourage this. I’m going to go into the store and complain to some nice clerk or manager, who will shrug and say she’s sorry, which is to say that, once more,  I will be yelling at clouds . Continue reading

Morning Ethics Warm-Up, 12/29/2017: Daring The Alt-Right

GOOD Morning, Everyone!

1 Ethics Alarms Holiday Challenge! report: You did not disappoint  me. I have not read all the comments in detail yet, but the various evisceration of NBC’s jaw-droppingly stupid call for an end to freedom of speech produced at least five strong Comment of the Day candidates. I won’t re-post all of them, because Noah’s inept screed doesn’t warrant that much space, frankly. Good job!

On a related administrative note, I’m really going to try to get all the Ethics Alarms Best and Worst completed this year (having fallen short the last two), and would appreciate nominations in all categories. (Some examples are here and here, but don’t feel constrained. New categories are welcome.)

Use this post, please, or e-mail me at jamproethics@verizon.net.

2. Doesn’t help…President Trump couldn’t resist tweeting this:

‘In the East, it could be the COLDEST New Year’s Eve on record,’ he tweeted from Mar-a-Lago Thursday night, where it is currently a balmy 78 degrees Fahrenheit Perhaps we could use a little bit of that good old Global Warming that our Country, but not other countries, was going to pay TRILLIONS OF DOLLARS to protect against. Bundle up!’ 

Ugh.

  • These are the tweets that try men’s souls. It’s just never a good thing for the leader of the country to broadcast his ignorance and deficits of critical thought.
  • It would be a bit less annoying—but still unpresidential and self-destructive,  if the President were satirizing the climate change chorus, which despite the fact that the science they claim to revere so much says its nonsense to do so, still cite individual weather events as “proof” of global warming, most recently the 2017 hurricane season. Or if he were trolling his foes, which he is often masterful at doing, trying to lure them into hypocrisy. Predictably, journalists took the bait anyway, with many suddenly becoming sticklers for the key distinction between  climate change, and weather after years and years of intentionally blurring in in their interviews and reporting. Sadly, there is no reason to believe the President was doing anything but trumpeting his own scientific illiteracy.
  • I wonder what the President’s approval ratings would be if he had never sent a tweet after taking the oath of office?

Continue reading

Reminder: Hateful Racist Mass Murderers Have The Same Rights You Do

Dylann Roof, the white supremacist sentenced to death after killing nine black church members as an attempt to start a race war, asked a court to replace his appointed appellate lawyers because they “are my political and biological enemies.” The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals denied his request.

Roof’s pro se motion stated that his lawyers, Alexandra Yates and Sapna Mirchandani, “are Jewish and Indian, respectively. It is therefore quite literally impossible that they and I could have the same interests relating to my case.”  Roof had difficulties on the same basis with his court-appointed lawyer, David Bruck, during his trial. The murderer wrote  in his motion that Bruck is Jewish and “his ethnicity was a constant source of conflict even with my constant efforts to look past it.”

I have been shocked at the reaction of the legal profession, the news media and the public to the 4th Circuit’s ruling. It really does appear that all the education in the world, ethics rules, principles and the Constitution will still be steamrolled by hate and emotion, even when crucial, indeed existential values for our society are at stake. My trust and respect for all professions—all of them—have been grievously reduced by their conduct and ethics blindness over that past several months. No wonder the First Amendment is under attack. No wonder our institutions are being weakened to the point of collapse.

The public literally  not understand the principle I am going to explain now. Apparently naively, I thought lawyers, judges and law professors did. In the interest of clarity, I am going to do this in short, straightforward segments.

I. The Court’s ruling is not just wrong, but frighteningly wrong.

Roof, like all citizens accused of a crime, has a right to a competent, zealous legal defense. A  competent, zealous legal defense requires that the defendant be able to participate fully in that defense. If a defendant does not or cannot trust his lawyers, he cannot be assured of a competent, zealous legal defense.

II. A client has to trust his lawyer.

It doesn’t matter why a client doesn’t trust his lawyer, and the lawyer need not agree that the lack of trust is warranted. The question is whether a lawyer who is not trusted by his client can do an adequate job representing him. The answer is no. The Sixth Amendment, which guarantees a fair trial and legal representation in criminal cases, is not there for the lawyers, or courts, or government. It exits to protect the accused—all accused.

In a famous medical ethics case, an elderly Korean man in a hospital wanted his doctors, specialists in his malady, replaced because they were Japanese-Americans, and as a survivor of the horrors Japan inflicted on Korea, he was convinced that they would kill him. The hospital ethics committee held that he was an irrational bigot, and that he either had to accept the qualified physicians despite their race, or get out. The AMA disagreed. It said that the patient’s welfare is paramount in medical ethics, and a patient who does not trust his doctors—the reason doesn’t matter—will have his welfare and health endangered as a result.

The same principle should apply to Roof. A client who does not trust his lawyer will not, for example, be candid with him, or trust him to keep confidences.

Under the circumstances Roof described, the lawyers have an ethical obligation to withdraw. Two rules are involved:

Client-Lawyer Relationship
Rule 1.7 Conflict Of Interest: Current Clients

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing. Continue reading