Category Archives: Marketing and Advertsing

Ethics Quiz: The “Breastaurants”

Playboy bunnies

All right, class…put away your books.

This quiz will count toward your final grade in Ethics 101.

Please watch the following video…about the growing culinary trend of so-called “breastaurants,” Hooters wannabe establishments that sell food service and ogling rights.

Now here is your Ethics Alarms Ethics Quiz for today, a multiple choice. Choose as many of the following to describe the trend as you feel is appropriate:

a. This is entertainment, that’s all. Nothing ethically or culturally objectionable at all.

 

b. If you thought Playboy Clubs and their “Bunnies” were sexist and demeaning to women, you can’t regard these places as harmless. Same thing, different packages, and more unethical now than then, because we supposed  have learned since then.

 

c. It’s legal and nobody is making the women do anything they don’t want to do. There’s no offense here. If you don’t like it, don’t eat there.

 

d. Women desperate for a job in a bad market are being forced to debase themselves. They are victims of exploitation and sexism, that is wrong, and anyone who patronizes such a place is encouraging and endorsing unethical conduct.

 

e.  The very existence of these establishments encourages sexual harassment and discrimination. There is way to legally prevent them, but no ethical person would own or operate such a place.

 

f. The “Breastaurants” encourage attitudes and conduct that society is trying to discourage, disapprove, and eliminate. They are ethics corrupters.

 

g. Allowing children in these places is irresponsible.

 

h. Voluntarily patronizing any of these places is unethical, as it encourages damaging attitudes toward women.

 

i. All those cheap breast double-entendres in the ABC story were unprofessional and sleazy.

 

j. Oh, lighten up! Look at movies. Look at TV. Look at cheerleaders. Look at how high school children dress. It’s just sex, that’s all. Weenie!

 

k. ARRRRRRRRRGHHHHHHHHH!!!!!

Good luck.

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Facts:ABC

Graphic: Betseyj

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Ethics Quiz: Too Stupid To Be Unethical?

Little Tommy flunked Ethics 101. Should we blame him?

Little Tommy flunked Ethics 101. Should we blame him?

An incident in Jefferson City Missouri nicely raises an issue I think about often.

Capital 8 Theaters in Jefferson City, Missouri sent actors dressed as gunmen, wearing assault gear and carrying what appeared to be semi-automatic weapons, into a screening of the film “Iron Man 3″  last weekend. Really. Apparently the similarity between this scenario and the deadly shooting last year in an Aurora, Colorado movie theater premiering another big budget movie about a superhero never occurred to the theater manager, because he is, you see, a moron. It sure occurred to the patrons, though, and one of them called in the police, saying that gunmen had entered the theater. SWAT teams were called. Luckily nobody was shot or had cardiac arrest, no thanks to the theater.

Interviewed by a local TV station, manager Bob Wilkins was asked if he had any regrets. “No, my job is to entertain people,” he said. Asked if he considered  how  his stunt might affect patrons who remembered the mass shooting in the theater in Aurora, Wilkins responded, “Absolutely. That’s my number-one priority every day. It’s the safety and security of our guests.”

Okay, this pretty much tells us what we need to know about old Bob, so here is your Ethics Alarms Ethics Quiz question:

May abject stupidity be a complete defense to the accusation that one is unethical? Continue reading

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Advertising Ethics: How Low Can It Go?

Trade commentators have noticed a welter of really offensive ads lately, and a suspicious pattern: an ad is released online that no sentient being could possibly believe is tasteful or appropriate, the ad attracts exactly the kind of negative response that any 13-year-old could have predicted, and the company remorsefully removes it, with an abject apology.  The latest of this invasive species was a Hyundai ad showing a despondent  man rigging a hose from a Hyundai IX35′s exhaust pipe to the car interior as a suicide attempt. As he sits in his car, waiting to die by inhaling carbon monoxide in the dark garage, a light comes on he opens the garage door, with the words appearing on the screen,  “The New IX35 with 100% water emissions.” See? You can’t kill yourself with a Hyundai! Hilarious!

Yechhh, and most viewers detested the ad. Hyundai Motor Europe quickly responded,

“We understand that some people may have found the IX35 video offensive. We are very sorry if we have offended anyone. We have taken the video down and have no intention of using it in any of our advertising or marketing.”

“No intention”?  That’s odd, because the ad was already online. Hyundai North America quickly took the moral high ground in apparent contrast to its European sibling. “We at Hyundai Motor America are shocked and saddened by the depiction of a suicide attempt in an inappropriate UK video featuring a Hyundai,’ it said. “Suicide merits thoughtful discussion, not this type of treatment.” Continue reading

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Annoying and Ill-Timed Tangential Issue Dept.: There’s Nothing Especially Virtuous About Running A Marathon

I sincerely apologize for the timing of this topic, which has actually been percolating in my brain for a while. I first considered it after finding myself annoyed by a commercial running on television of late, comparing various artists who completed major works after their 55th birthdays with a similarly aged woman who recently ran a marathon. Then, yesterday, in the wake of the terrorist attack on my home town, I read multiple Facebook posts from otherwise intelligent people expressing profound sadness for all the marathoners who trained so hard for Boston and were not able to finish. That did it.

I believe we can stipulate, can we not,  that any marathoner who returned home whole after watching fellow competitors having their arms and legs blown off  and complained that the race was terminated before he could finish would immediately be eligible for the Jerk Hall of Fame. If horror, grief and empathy for the victims, concern for the nation, and gratitude for the pure luck of being spared doesn’t wash such selfish thoughts right out of a runner’s mind, then that person needs to keep on running until he has left civilization. Meanwhile, the increasingly accepted cultural attitude that running a marathon or an iron man competition is especially admirable shows something is out of whack in our value system.

I didn’t feel like confronting my Facebook friends yesterday, but please tell me how being prevented from running in a race one has trained for is any more of a tragedy than a thousand other minor disappointments we all face every day, and far less worthy of sympathy than thousands of others. A while back I was blocked from giving a seminar in Tennessee that I had prepared for, because of a storm that grounded all usable flights. That cost my company $5,000. It meant that a lot of Tennessee lawyers had to hustle to find other ways to get their ethics credit, and the ways they found were going to be a lot more boring than I am. Those are real consequences, tangible and significant. What is the result of not being able to finish the Boston Marathon? Who is significantly harmed? Nobody. The marathoner is disappointed and inconvenienced, that’s all. There are other races. He or she is in shape, They did the best they could. The Marathon will be held next year. The terrorist attack is a tragedy. The fact that racers couldn’t cross the finish line is trivial. It just doesn’t matter very much, or shouldn’t.

I’m not condemning runners, any more than I condemn people who spend their spare cash on jewelry, summer houses and vacations instead of saving the whales: it’s their lives and and their priorities, not mine, and they can do what they choose. At the same time, the aura of virtue surrounding extreme runners and the popular myth that running a marathon is more ennobling than commonplace altruistic and practical uses of an individual’s time is bizarre. That commercial I mentioned speaks of being productive in latter years. Running a marathon doesn’t produce anything more than playing a videogame does. Picasso, whose late career artwork is mentioned in the spot, created something beautiful that will be enjoyed for centuries: now that’s productive, and also worthy of admiration and praise. Whose life is enriched by the completion of a marathon, other than the runner’s? It isn’t a communal act, a generous act, a productive, charitable, creative or selfless act. It is a completely self-absorbed and self-focused act, requiring many hours that could just as easily be used communally, generously, productively, charitably, creatively and selflessly. Again, it’s the runner’s life, and if he or she wants to use their brief time on earth to complete manufactured and artificial challenges that accomplish nothing tangible and leave the world no better than it was before, that’s an individual choice; running a marathon doesn’t harm anyone, either, unless it interferes with being a good and attentive father, spouse, and friend. Extolling this kind of activity, however, just distorts societal values, and bestows heroic status on the wrong people, for the wrong things.

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Tiger Woods Cheated! Who’s Surprised?

Marital fidelity was a previous rule Tiger thought was stupid. Nike must be so proud.

Marital fidelity was a previous rule Tiger thought was stupid. Nike must be so proud.

The fact that Tiger Woods finished fourth in the Masters was a stroke of moral luck that will allow, in all probability, the memory of his lack of sportsmanship and the PGA’s lack of integrity to cause a bit less harm to professional golf, at least until the next time Tiger tries to cut ethical corners. He is, after all, a shameless cheater with a deeply flawed character. It was just a matter of time before he managed, as the sport’s biggest name, to corrupt it. Now, he has.

During the tournament, Woods improved his lie after a stray shot by taking an illegal drop, and did so in such a blatant and obvious manner that TV viewers noticed it. Based on his experience and the rules of golf, Tiger should have known that what he was doing was a violation; based on his later statement to ESPN, in which he admitted that he placed his ball “2 yards”  behind where it belonged to give himself a better shot at the green, he did know. USGA rule 26-1 says a golfer must “play a ball as nearly as possible at the spot” from which he or she originally hit it. As Christine Brennan correctly explained in USA Today, previous golfers who have committed far less serious infractions have withdrawn from competition to preserve golf’s status as the last major sport that expects competitors to police their own conduct. Golf has an honor code. There is nothing honorable about Tiger Woods. Continue reading

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Ethics Poison From Nike and Tiger Woods

Woods AdWoods Ad2

…and not for the first time, in either case.

But Woods’ new ad for Nike in the wake of his resurgence in his sport, is audaciously unethical, braying a dangerous, corrupting message into the cultural atmosphere, endorsing, in five simple-minded words, consequentialism, the Star Syndrome, the King’s Pass, non-ethical considerations over ethical ones, and “the ends justify the means.” That’s a pretty impressive load of ethics offal in so few words: congratulations to the soulless ignoramus who devised it.

The assorted miscreants, past and present, who would have gladly stood in for Tiger in his damning ad include dictators, despots, mass murderers, gangsters and corrupt politicians like Richard Daley, Marion Barry, Charley Rangel and Tom DeLay, corporate bandits, assassins, robber barons, Wall Street criminals, athletic cheaters like Lance Armstrong and Barry Bonds, serial fathers like the NBA’s priapic stars, arrogant social misfits like Charley Sheen, con artists and liars in all walks of life, and of course, our most popular politician, the man whose entire career is based on Nike’s new motto, William Jefferson Clinton.

I almost forgot the terrorists. Continue reading

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Ethics Hero: Lawyer/Blogger Scott Greenfield

No question: Justice Holmes would think Scott Greenfield is a good man.

No question: Justice Holmes would think Scott Greenfield is a good man.

Criminal defense lawyer and caustic, if trenchant, blogger Scott Greenfield stakes out a noble and correct stand on legal ethics and ethics generally in a superb post titled, “What Tastes Good To You?” Read the entire post, but his essay springs from a question that has been posed in various forums (including,  in slightly different form,the Jack Lemmon comedy “How To Murder Your Wife”), to wit:

If you could commit any crime and get away with it, what would it be? 

Greenfield’s answer, the ethically correct one, is “none” : “Just because we can get away with it isn’t a reason to do wrong.” Thus does he definitively separate himself from what Justice Oliver Wendell Holmes referred to as “the Bad Man” in his famous 1897 essay, “The Path of the Law.”  For Holmes’ “bad man” never breaks a law, but only because he abhors punishment.From this starting point, Greenfield considers a professional debate about whether the legal marketing tactic (as determined by the courts) of buying up another firm’s name as a web “key word” to lead customers to one’s competing firm is “unseemly,” which is to say, unethical, though not technically unethical under the professional rules of conduct. One of the defenders of the practice describes the division on the issue to a difference in “taste,” leading Greenfield to aim carefully and fire: Continue reading

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Ethics Hero: Matt Groening

Duff-Beer

Cashing in, selling out, maximizing income, monetizing assets: the crash of 2008 only accelerated what was already becoming a coarsening cultural trend in America, the mania of never, never allowing any opportunity to make money go unexploited. Every creation or idea is copyrighted or trademarked; every open space is marked with a billboard; every person, place or thing imaginable is sponsored or branded, every citizen who does something admirable or remarkable will sell his or her life story or hire someone to write a book. The effect of this on the community, on life itself, is toxic.

When everything is a potential cash cow, then our choice is to milk it or wait for someone else to steal the milk. A Profit Above All mindset turns everyone into a potential competitor, which means that trust becomes impossible. There are only two antidotes for this trend, which I fear is irreversible. One is for there to be so much money to go around that nobody worries about it any more, which is to say that there is really only one antidote. That one is for our society to evolve and reinforce a hierarchy of values in which money, wealth, profit and material things are not seen as ends, but as means to ends, and not the only means to those ends, either. Wealth can lead to freedom, for example, but only if it is joined with proportion, moderation, responsibility, modesty, and restraint. Otherwise, wealth and the pursuit of it can restrict choices and liberty as effectively as chains.

This is why a rare case where someone eschews the opportunity to make a lot of money for no other reason than that he thinks to exploit the opportunity will make the world a worse place is a qualification for the Ethics Hero designation.  I hate the speech in “Traffic” given by Seth Abraham, the loathsome preppy coke-head played by Topher Grace, about how suburban drug users corrupt the inner city:

“Ok, right now, all over this great nation of ours, ‘hundred thousand white people from the suburbs are cruisin’ around downtown asking every black person they see ‘You got any drugs? You know where I can score some drugs?’ Think about the effect that has on the psyche of a black person, on their possibilities. I… God I guarantee you bring a hundred thousand black people into your neighborhood, into fuckin’ Indian Hills, and they’re asking every white person they see ‘You got any drugs? You know where I can score some drugs? within a day everyone would be selling. Your friends. Their kids. Here’s why: it’s an unbeatable market force man. It’s a three-hundred percent markup value. You can go out on the street and make five-hundred dollars in two hours, come back and do whatever you want to do with the rest of your day and, I’m sorry, you’re telling me that… you’re telling me that white people would still be going to law school?”__

I hate it for two reasons. First, it is more or less true, and second, it is only true because the vast majority of people have such a weak commitment to behaving ethically and not selling out, because our culture reinforces healthy ethical values less and less effectively. It shouldn’t be true, and in a rational society, it wouldn’t be true.

So I am giving Matt Groening the Ethics Hero for something that is relatively minor and trivial, because, I guess, it gives me hope. Continue reading

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Georgetown Law Center and The Case Of The Double-Crossed Donor

Sometimes those naming deals backfire, you know?

Sometimes those naming deals backfire, you know?

Scott K.  Ginsburg, a media mogul who got a J.D. from Georgetown Law Center in 1978, had been wooed by the school’s development team for a major gift when he was riding high, amassing billions in the 1990s. He agreed to contribute some pocket change–five million bucks—to build a new fitness center that would bear his name. The deal was put into writing, and the University issued a cheerful press release. Then, in 1999, shortly after the agreement was reached,  the Securities and Exchange Commission filed suit against Ginsburg, accusing him passing along inside information to his father and brother. A jury agreed with the SEC, and he was ordered him to pay $1 million in fines. After a flurry of appeals, the verdict stuck. (NOTE: In the first version of this post, I implied that this was a criminal case. It wasn’t: this was a regulatory lawsuit, and a civil verdict. A dumb error on my part, and I apologize to readers and Mt. Ginsburg for the misinformation.)

While all of this was going on, the Law Center, understandably, got nervous. Although Ginsburg was not a practicing attorney at the time, law schools don’t like having facilities named after grads who have been found to have violated laws or regulations in high-profile cases. In 2002, then-Georgetown Law Center Dean Judith Areen sent Ginsburg a letter thanking him for his support but also asking to revise the agreement, eliminating the promise of naming rights.  Areen said the school would find some way to “honor your gift without generating negative media coverage.”  Ginsburg, however, refused to sign on. As the years went by and the school continued to promote his gift as enticement to other donors as well as hitting him up for more money, he assumed the Scott K. Ginsburg Health and Fitness Center was under construction. There’s a fitness center, all right, on the GULC campus, but Ginsburg’s name isn’t on it. Now he is suing the Law Center, alleging that it reneged on the deal. Continue reading

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Artistic License, History, and Lincoln’s Green Socks

Of course, some historical fabrications are harmless.

Of course, some historical fabrications are harmless.

Several well-placed critics are taking “Lincoln” screenwriter Tony Kushner to task for what they believe are unethical misrepresentations of fact in the much-praised, and supposedly scrupulously accurate film. He, on the other hand, is annoyed. Kushner counters that unlike in history books where a historian gives a well-researched “a blow-by-blow account,” it is reasonable and ethical for a screenwriter to “manipulate a small detail in the service of a greater historical truth. History doesn’t always organize itself according to the rules of drama. It’s ridiculous. It’s like saying that Lincoln didn’t have green socks, he had blue socks.”

I’m going to spare Kushner lawyerly word-parsing and not hold him to “a greater historical truth,” though I suspect that in his hands (he is a skilled political propagandist as well as writer), we would not be pleased with what that license would bring. A politically sympatico film director named Oliver Stone, for example, thought it served a greater historical truth to present completely fictional evidence that Lyndon Johnson was complicit in John F. Kennedy’s assassination, even though Stone’s vehicle, “JFK,” was marketed as a veritable documentary on the “truth” of the Kennedy assassination. Let’s just say that Kushner feels that in a work of entertainment and drama, strictly accurate representation of all historical facts is impossible and unreasonable to expect or require.

I agree. But there is a big, big difference between the ethics of showing Lincoln wearing the wrong color socks, and representing a highly dubious story as fact to denigrate the reputation of a probable hero, as James Cameron did in “Titanic” when he showed First Officer William Murdoch taking a bribe to let a passenger on a lifeboat ( fantasy), shooting a passenger (pure speculation), and committing suicide (denied by a fellow officer under oath at the inquest). Continue reading

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