Year: 2011

Fox News Inveils the Unethical Poll of the Month AND Inspires a Fun New Pastime: “The Stupid Choices Game”

/ Jack Marshall / 11 Comments

A Stupid Choice classic from my youth!

Fox News is determined to show that America hates the Occupy Wall Street protesters, and keeps devising polls increasingly rigged to make their case. This morning Roger Ailes’ culture warriors unveiled a new one, so intellectually dishonest, so devoid of survey legitimacy, that it made me do a Danny Thomas spit-take that soaked my Washington Post with coffee. The question (Note: This is from memory; as of this writing, I cannot find the exact phrasing posted anywhere. When I have it, I’ll use it. This is a fair approximation, however.): “What would you want your child to do when he or she grows up?” The options: 1. Working on Wall Street 2. Occupying Wall Street 3. Neither.

The “surprising results,” as one of Fox’s cloned blond bimbo news-readers bubbled:

44% chose Wall Street

28% chose Occupy Wall Street

18% chose “Neither”

Fox financial commentator Stuart Varney was shocked that 28% would choose the protesters “who want to redistribute income!” over Wall Street. “I’m sorry,” he said, “but that is un-American.”

Oh, cool your jets, Stuart. The poll is un-American; the 28% are fine, given the dishonest, false choice presented by Fox’s poll. Continue reading →

Ethics Quiz: Should A High School Football Team Be Punished For THINKING About Being Unethical?

/ Jack Marshall / 10 Comments

Beware of unethical thoughts!!

Talk about strict!

Officials at Omaha, Nebraska’s Creighton Prep were horrified to learn learned that about fifty members of the school’s football team had planned an ethically offensive scavenger hunt that included “a group photo with a topless chick,” “a pic with a fat chick,” “steal a yarmulke from a Jewish synagogue” and “get into a yelling fight with a stranger in public,”along with more harmless challenges.

In fact, the players, divided into groups, lost their nerve. Administrators learned that the players vetoed the most objectionable activities in favor of those that were harmless and silly.

“I’m disappointed in their plan because their plan is inconsistent with the mission of their school,” said Rev. Thomas Merkel, president of the all-boys Catholic school. “I’m proud of the fact that they didn’t follow through on their plan.” Not too proud, though:  the students involved received in-school suspensions and were barred from extracurricular activities, including football practice. None of the students were expelled.

The hunt came to the school’s attention when one of the scavenger teams lost its list, which was subsequently found by a student who turned it in to the brass. The administrators determined that the plan “promoted hazing, exploitation of women, theft and other conduct unbecoming of a Creighton Prep student.”
None of which, apparently, the students actually did.

Your Ethics Quiz Question: Is it fair and appropriate to punish the football team members for including offensive tasks on the list, even if none of them were actually performed? Continue reading →

Ethical Jobs Plan: Let’s Put Lawyers in the 99%

/ Jack Marshall / 17 Comments

19th Century American lawyer without law degree or bar exam credentials. Reputed to be effective, honest.

Despite the fact that such a change might be ruinous for me personally, since a large portion of ProEthics income comes from providing bar association-mandated continuing legal education courses on ethics, I have to endorse the arguments made by Brookings Fellow Clifford Winston and George Mason Law Professor Illya Somin for eliminating barriers to entry in the legal profession, such as mandatory law school attendance, the bar exam, and bar membership.

Winston writes:

“For decades the legal industry has operated as a monopoly, which has been made possible by its self-imposed rules and state licensing restrictions — namely, the requirements that lawyers must graduate from an American Bar Association-accredited law school and pass a state bar examination. The industry claims these requirements are essential quality-control measures because consumers do not have sufficient information to judge in advance whether a lawyer is competent and honest. In reality, though, occupational licensure has been costly and ineffective; it misleads consumers about the quality of licensed lawyers and the potential for non-lawyers to provide able assistance. Continue reading →

Comment of the Day: “Naming Your Kid After Hitler: 100% Legal, 100% Child Abuse”

/ Jack Marshall / 2 Comments

Moon Unit Zappa: Only in America!

Site quotemaster and resident pedant Tom Fuller comes through with a rare comment of his containing no quotations whatsoever! (Tom is, among other things, a contributor and researcher for The Yale Book of Quotations.) He adds some useful perspective on the issue of naming children, in his Comment of the Day to yesterday’s post, “Naming Your Kid After Hitler: 100% Legal, 100% Child Abuse.”  I must point out that “Choo Choo” was not the 1962 Mets catcher’s real name, any more than Red Sox pitcher Dennis Boyd was really named “Oil Can.”

Here it is Tom’s comment:

“This is a good illustration of how America’s concept of free speech is such an unusual legal and cultural norm. In many countries, including Germany, a child’s name must be legally approved in advance (in Germany, by the Standesamt — office of vital statistics).

“By German law, a child’s name has to meet two conditions: (1) it must reflect the sex of the child, and (2) it must not endanger the ‘well-being of the child.’ No “Moon Unit” Zappa, no “Choo Choo” Coleman, and — especially — no “Adolf” anybody, unless the local office says “OK”.

“According to wire service reports, hundreds of Algerians wanted to name their babies “Scud” during the 1991 Iraq war, but the local officials nixed the idea.

“My point? Only that Americans are often more likely than those in other countries to regulate speech and behavior in ways other than by prior legal restraint — like ethics, which is what this odd corner of the Web is all about. Sadly, as history has shown, when ethics fails, many people turn to the law to fix things. It doesn’t always work.”

Better Late Than Never: The ACLU Finally Opposes the High School War On Off-Campus Speech

/ Jack Marshall / 37 Comments

High schools are seeking to place this lable on your child's head. Check for it right behind the left ear.

I had just about given up. The growing number of instances around the nation in which students are being punished by their schools for opinions and statements published on their personal Facebook pages and blogs—often under the supposed authority of “anti-bullying” rules—is disturbing and indefensible, the equivalent of schools censoring  students’ phone conversations or dinner time chats. This is an issue made for the American Civil Liberty Union’s mission of defending free speech, yet the organization had been loudly silent.

All is forgiven. We can now fairly assume that it was waiting for an especially egregious case—and one that didn’t involve alleged bullying—that it could win and set some strong precedent. It found one: a high school senior suspended and kicked out of an honors club because he criticized a teacher in a Facebook post, “from his own computer, in his own bedroom, at his parents’ home.” Continue reading →

Naming Your Kid After Hitler: 100% Legal, 100% Child Abuse

/ Jack Marshall / 20 Comments

Ironically, HIS parents wanted to call him "Stinkface Frankenstein-Poopiebottom," but thought better of it.

Not surprisingly, a New Jersey Court has found Heath and Deborah Campbell innocent of child abuse charges for naming their children “Adolf Hitler” and “JoyceLynn Aryan Nation.”

I agree. The law can’t limit parents’ rights to determine their offspring’s names, which come squarely come under the category of free speech. Unfortunately, these names say “Hate me,” “Shun me” and “Beat me up.” It may be funny to hear a song about a father who names his boy “Sue” to make him grow up tough, but inflicting these names on helpless children is no laughing matter. It is child abuse, there’s no question about it. It is just child abuse that the state has no way to stop. If parents don’t have the sense, fairness, compassion and decency to avoid burdening children with names that virtually guarantee that they will be outcasts, miserable and severely maladjusted, there is no law that can force them to do it. And since parents who think it’s dandy to name a child after Der Führer by definition don’t have common sense, fairness, or decency, the kids are out of luck. Continue reading →

The Rick Perry-Birther Flap: An Addendum

/ Jack Marshall / 16 Comments

I’ll make this uncharacteristically brief.

I wrote, and believe, that media reports that Rick Perry had expressed Birther sentiments were unfair and misrepresented his words. That was correct. In interviews since that post was composed, Perry has suggested that it is fun to tease the President about the dispute over his place of birth and citizenship, and “keep it alive.”

No, it isn’t. It is unfair, disrespectful and wrong. There is no teasing that is appropriate when the subtext is a challenge to a President’s legitimacy. Perry needs to cut it out, though it is too late in one respect: his words indelibly mark him as a jerk.

Let me also say that I am not especially sympathetic to Democratic indignation regarding teasing over a president’s legitimacy. This is exactly what the entire party did for every second of President Bush’s tenure, suggesting that the 2000 election was “stolen,’ thus rendering his tenure illegitimate. This exploited the vast majority of the public’s ignorance about the Electoral College, and also involved impugning the integrity of the U.S. Supreme Court, doing far more damage to the nation than the idiot Birthers on their best day.

That does not excuse Perry, of course. Every additional word he says to keep the Birther issue in the public eye is another reason—and there are already plenty—to keep him in Texas.

When Telling The Truth Is An Outrage

/ Jack Marshall / 54 Comments

"Imagine, Jay...the Republicans want to defeat me!"

President Obama visited the Tonight Show last night, and Jay Leno, as is traditional and proper on such occasions, sucked up to him with gusto. In one exchange, the President and Jay tut-tutted about Sen. Mitch McConnell’s infamous statement that the Republican Party’s objective would be to make Obama a one-term president. “How is that a goal?” Jay asked.

Is he serious? Well, okay, I know he’s a comedian and all, so maybe he’s not serious, but all the pundits and journalists and Democrats who have been squealing to the skies for two years about how McConnell’s remark proves that his party is unpatriotic, evil or racist are presumably serious, and it is disingenuous. Continue reading →

Young, Gullible, Lazy, Unimaginative and Unbelievable: I Wonder Why This Lawyer Has Trouble Finding A Job?

/ Jack Marshall / 135 Comments

Well, clearly “sign-maker” isn’t an option…

I have some observations regarding this unemployed lawyer’s lament as he Occupies Wall Street.

It is true that many law schools have been exposed lately for inflating their employment statistics. The American Bar Association announced last month that it was drafting a rule including sanctions for law schools that intentionally falsify jobs data, possibly including monetary fines or the loss of accreditation. That is as it should be.

Nonetheless, I am dubious about the sign’s 99.9% claim, especially in the absence of a named institution. Promising 100% employment to any group seems excessive, and a person of normal intelligence would, or certainly should be skeptical. Thus, after only the first line, I am dubious about the candor and/or judgment of the sign-holder.

I am also dubious about his account of his conversation with the Dean. Do you know what the unemployment rate was for lawyers in 2010, according to the U.S. Department of Labor? Continue reading →

Ethics Quiz: Should the State Department Be Buying and Distributing the President’s Books?

/ Jack Marshall / 8 Comments

It's a State Department...and a nifty literary agent too!

It’s a little early for another Ethics Quiz, but this one is tailor-made.

The Washington Times reported today that The State Department has bought more than $70,000 worth of  books authored by President Obama. Hillary’s folks have been sending out copies as Christmas gifts, and stocking  libraries around the world with “Dreams from My Father.”  For example, the  U.S. Embassy in Egypt spent $28,636 in August 2009 for copies of the best-selling 1995 memoir, six weeks after it had placed another order for the same book for more than $9,000. At the same time, the U.S. Embassy in South Korea spent more than  $6,000 for its copies of “Dreams from My Father.” All of this comes from federal purchasing records.

The Times points out that the previous  State Departments resisted the impulse to buy books by former Presidents George W. Bush or Bill Clinton.

Are you ready for your Ethics Quiz? It’s a multiple choice:

For the State Department to spend $70,000 on its boss’s book is…. Continue reading →