Month: September 2012

The State of Our News Media in a Nutshell

/ Jack Marshall / 5 Comments

Preparing for an early legal ethics program for Virginia CLE, I made the mistake of tuning in to Headline News’ morning show hosted by chirpy eye-candy Robin Meade. Breathlessly, she announced that an amazing baseball game had occurred last night in Seattle that ended at 4 AM! What followed was a three-minute routine with Robin’s sports guy, who pattered on about how long the game was, how the Beatles sang the National Anthem, how FDR threw out the first ball, showing his high school yearbook photo to show what he looked like when the game started, on and on. None of this was funny, of course, because it made no sense: the fact that the game lasted a long time didn’t send the beginning of the game back in time. The CNN editors somehow thought this was so hilarious that it justified taking up the time that Headline News could have devoted to actual news of substance, which was once the point of the channel, a compressed summary of breaking stories. That was the least of the problems with the segment, however:

  • The 18-inning game was about 5 hours long, which is noteworthy but hardly remarkable. It ended at 1 AM, however, not 4 AM. The time is measured in the time zone in which a game takes place, not whatever time zone the copywriters think will make it sound longer.
  • The sports guy announced the final score as 2-1. It was not. The score was 4-2. After an extended routine about how amazing and long the not-very-amazing and not especially long game was, the CNN team was obligated to at least get the key fact right: the score.
  • That’s not all. Perhaps in homage to the late George Carlin, who in his pre-hippie days used to do a sportscaster routine in which he said, “And now last night’s baseball scores: 4-3, 8-1, and in a real squeaker, 2-1!” , neither Robin nor her colleague ever revealed who won the game. (The Baltimore Orioles won.)

So, in summary, Headline News took almost three minutes to highlight a baseball game in order to make lame jokes, then failed to accurately inform the audience of the game’s score or winning team. The game, by the way, was an important one, as it allowed the Orioles to tie the New York Yankees for first place in the American League East.

This is, in a nutshell, the state of broadcast news today: sloppy, self-indulgent, unprofessional, incompetent, and untrustworthy. If they can’t give the results of a baseball game accurately, why in the world would we trust their coverage of anything?

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Prosecutor, Prosecute Thyself!

/ Jack Marshall / 5 Comments

The New York Times revealed this week that more than 300 district attorneys’ offices engage in a practice that is a clear violation of legal ethics and probably illegal as well.  These prosecutors partner with debt collecting agencies, which sent thousands of threatening letters to people across the country who have bounced checks, threatening them with harsh penalties and imprisonment. The letters bear the seal and signature of the local district attorney’s office, which gives them extra persuasive power.The companies also try to sell the check-writers  on budgeting and financial responsibility classes, and if they sign up, the district attorneys’ offices get a commission, in addition to a fee from the firms. It’s all in the interest of more efficient law enforcement, prosecutors argue; the partnerships free them to work on more serious crimes. Continue reading →

Policies Don’t Fix Unethical Professors

/ Jack Marshall / 40 Comments

“Here is your assignment, class: Vote for who I tell you to.”

I saw this story and decided it was too obvious to write about. A community college math professor distributes to her class a pledge to vote for Obama and the Democratic slate, and demands that the students sign it—come on! Is anyone going to defend that as ethical? Then a reader sent me several links to the item (thanks, Michael), and after reading them, I was moved to reconsider.

The professor, Sharon Sweet, was put on unpaid leave pending an investigation; I can’t fault Brevard Community College (in Florida) for not firing her yet. What troubles me is the college’s statements that her conduct is just a breach of policy. BCC Spokesman John Glisch told the press that “The college takes this policy [prohibiting employees from soliciting support for a political candidate during working hours or on college property] extremely seriously. It is very important that all of our faculty and staff act in that manner at work and while they’re on campus.” So college provosts are reminding employees about the policy.

Let’s be clear. Associate Professor Sweet’s conduct was an abuse of power and position, an insult to the autonomy of the students and an attempt to take away their rights as citizens, disrespectful to them and the values of the nation, and an attempt to circumvent election laws and to subvert democracy. It was also, quite possibly, illegal. If a college needs to have a policy to stop teachers from behaving like that, it is hiring the wrong kinds of teachers—individuals whose ethics are those of totalitarian states, and whose respect for individual rights are nil. This was an ethical breach of major proportions, not a policy misunderstanding. No teacher should require a policy to tell her that this conduct is indefensible and wrong. Continue reading →

Comment of the Day: “Yes, Reporters Engaged in ‘Collaboration’ On Questions For Romney. Good!”

/ Jack Marshall / 9 Comments

Dwayne N. Zechman, who has one or two other Comments of the Day to his credit, has authored another in response to the post regarding conservative alarms over evidence that reporters coordinated their questions before Mitt Romney began a press conference on the protests and violence at Middle East embassies. My position was that there is nothing sinister in this as long as it results in the politician or candidate being grilled actually answering legitimate questions. Reporters should do this with all question sessions, if politicians insist on spinning, ducking, and prevaricating. Obviously, if reporters employ this strategy with Romney and not the President, that raises an ethical problem, but a different ethical problem.

Here is Dwayne’s Comment of the Day in response to the post, Yes, Reporters Engaged in “Collaboration” On Questions For Romney. Good!.  I’ll have a further comment at the end.

“I *do* have a problem with the Press Corps acting this way because it sets up a dangerous future license for them to engage in groupthink with no checks and balances against it. (Indeed, the First Amendment would correctly, though tragically, protect it.) Continue reading →

Ethics Dunce: Lindsay Lohan

/ Jack Marshall / 5 Comments

So, Lindsay, you really are a “mean girl,” eh? Good to know.

I have been sympathetic to Lindsay Lohan, a tragic example of a child star who has been programmed by an abnormal upbringing and awful parents to be self-destructive and irresponsible. However, Lohan has just signaled that she is also a mean-spirited jerk. Fellow child star Amanda Bynes, once frequently cited as an example of a performing tot who grew up normal, has had a bizarre string of hit-and-run accidents and appears to be dealing with some substance abuse issues. Bynes is facing charges, and has lost her license to drive. So is Lindsay, who has been in and out of court, jail and lawyers’ offices repeatedly over the last several years over everything from drunk driving to violating probation to grand theft, empathetic?  Hardly. Here was her recent tweet regarding Bynes’ problems:

Continue reading →

THIS is Hindsight Bias, So You’ll Know a Jerk When You Hear One

/ Jack Marshall / 6 Comments

I haven’t watched a Red Sox game for over a month now; more on that soon. I do check on the game results however, and observed with interest that Red Sox manager Bobby Valentine, currently being dressed for the guillotine by New England sportswriters who want him punished for a miserable season in which his own work has been outstanding, is being criticized today in a textbook example of hindsight bias at work. I am flagging it for any of you who might want to explain the phenomenon to the next jerk who criticizes you for a reasonable choice you made not knowing how it would turn out, based on the jerk’s knowledge of how it in fact did turn out.

My least favorite personal run-in with hindsight bias was the time I lost a poker hand—and a lot of money– in Vegas despite having four of a kind in a game of seven card stud. The old man sitting next to me looking pathetic also had four of a kind, and in a higher denomination, the odds of two four of a kind hands appearing in the same deal in a non-wild card game being approximately six-gazillion to one. Naturally, I was betting the limit until the old man called my hand—he said later that he felt sorry for me. When he revealed that he had my four sevens beat with his four %$#@%$*& tens, it caused a genuine uproar in the casino, and the dealer said that he had never seen the like in eight years on the job.

“You should have known he had you beat,” said the ass sitting on my right. That’s hindsight bias. And so is this. Continue reading →

Unethical Quote of the Week: Dana Balicki, Proud OWS Protester

/ Jack Marshall / 5 Comments

“There’s tens of millions of dollars spent protecting the perimeter so we’re shaking something up.”

—-Dana Balicki, Occupy Wall Street protester, on today’s “birthday” protest of about 1000 nostalgic OWS types that resulted in almost 150 arrests and a disruption of traffic and commuter travel, but, as ever, nothing coherent, useful or productive.

Well said.

Yes, this is Occupy in a nutshell: happily wasting the publics money despite rising deficits at all levels of government, inconveniencing honest people trying to make a living, and annoying as many  as possible without having anything constructive to contribute to the nation’s policy debates or to offer as practical solutions to its intensifying problems.

A year ago, I summed up the efforts of this irresponsible, arrogant, lazy, destructive group, and was too kind.

But 100% correct.

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Source: Wall Street Journal

“Print the Legend” Ethics: The Unjust Obscurity of Mary Quantrell

/ Jack Marshall / 4 Comments

Barbara Fritchie, as in the poem. But the Barbara in the poem was really Mary.

Today is the anniversary of the Battle of Antietam, the single most bloody day in the Civil War, with nearly 21,000 casualties on September 17, 1862.  Most of us, at least those of my generation, were introduced to the battle with a poem, “The Ballad of Barbara Fritchie,” by John Greenleaf Whittier, telling the tale of a brave old woman, ninety years old, who confronted Confederate General Stonewall Jackson’s troops as they marched through Frederick, Maryland to the battlefield, by waving Old Glory after the troops had fired at it, and saying,

Shoot, if you must, this old gray head,
But spare your country’s flag,’ she said.

Barbara Fritchie is now an icon, and has been portrayed in novels and films. Her house is a historic landmark, and the town uses her name and the poem to market everything from candy to T-shirts. And, I learned this Sunday, it is all a lie, though not old Barbara’s fault. The poet got his facts wrong, or used excessive “poetic license” because “Barbara Fritchie” pleased his ear better than “Mary Quantrell”, the name of the real flag-waver, and a 90-year old patriot made for a more colorful plot than a mere 30-something with chutzpah. Whittier also made Jackson the antagonist of the tale, when in fact the general was the less flamboyant and famous A.P. Hill. In 1876 Quantrell wrote to Whittier pleading with him to correct the record, signing her letter, in quotes, as “Barbara.” He did nothing. Continue reading →

Chuck Klosterman: Worst New York Times “Ethicist” Ever

/ Jack Marshall / 7 Comments

Silhouette of a fraud.

First there was Randy Cohen, the original author of The New York Times Magazine’s “The Ethicist” column. Randy had some quirks, mostly ideological, that made his supposedly ethical advice unreliable: for example, he advised a tech worker who stumbled upon child porn on an employee’s office computer not to report it, because Cohen believes the legal penalties for child pornography are too severe. Citizens ignoring the law whenever they think the law shouldn’t apply to them is a blind spot for Randy, a rather large one.

Then there was Ariel Kaminer, Cohen’s short-lived replacement. Her advice was dreadful about 20% of the time, as when she said it was acceptable for a law school applicant to draft his own letter of recommendation for a lazy professor who couldn’t be bothered to write a real one to sign.

But the current embodiment of “The Ethicist,” Chuck Klosterman, officially locked up the title of worst Times “Ethicist” yet with his jaw-dropping, ignorant and wildly unethical advice this week to an inquirer who asked whether it was unethical for him to give leftover wine from a party to “the benign ‘drunkards’ who ‘hang out and drink’ at a nearby corner. Klosterman says no! It’s fine! Go ahead! His “reasoning,” if Reasoning will graciously accept my apologies for calling it that, follows. To save time, I will intersperse my commentary throughout, rather than scream, bang my head against the wall, clean up the blood, and then comment. Here’s Chuck: Continue reading →

The Replacement Ref and the Conflicted Debate Moderator: How We Become Ethically Stupid

/ Jack Marshall / 2 Comments

Note to NFL: Don’t hire Gwen Ifill as a replacement referee.

Poor Brian Stropolo was only behaving like a respected national journalist on the political scene; why didn’t it work?

Stropolo, on the crew of NFL replacement refs (that’s scab refs, if you belong to the NFL refs union, which is currecly locked out) was assigned to yesterday’s New Orleans Saints-Carolina game. He was suddenly pulled from the assignment by the league on  Sunday morning, when it came to the NFL’s attention that he had represented himself on his Facebook page as an enthusiastic Saints fan, even appearing on his page in a Saints uniform.

Imagine if Stropolo had made a controversial game-changing call that handed the game to his beloved Saints!  But then, it was up to Stropolo and the league  to imagine it long before any inappropriate game assignment was made. For Stropolo not to notify the league of his web-wide admission of pro-Saints bias when he was assigned to referee a Saints game shows a complete absence of ethics training, instincts and sensitivity. How could this not occur to him? How could the NFL not have a vetting process for refs that would discover team allegiances? Where is the Code of Conduct to remind clueless referees about the “appearance of impropriety,”and the importance of preserving the NFL’s integrity by avoiding any suspicion that referees are tilting games in the direction of teams they root for in their off days? Continue reading →