Month: June 2013

Ethics Dunce: Jim Carrey

/ Jack Marshall / 49 Comments
Jim Carrey, not fooling as much as we thought...

Jim Carrey, not fooling as much as we thought…

There are no rule, laws, or principles of ethics that requires that an actor who usually portrays an ass actually has to be an ass, but if there were, Jim Carrey would be in complete compliance with them.

Jim Carrey announced via Twitter that he now objects to  “Kick-Ass 2,” the soon-to-be-released movie he stars in, citing as his reason the December, 2012 Sandy Hook shooting, which he apparently thinks will be made worse by the movie, or would have been caused by it if the film had come out earlier, or, well, something.  “I did Kick-Ass a month [before] Sandy Hook and now in all good conscience I cannot support that level of violence,” Carrey tweeted. “I meant to say my apologies to others [involved] with the film. I am not ashamed of it but recent events have caused a change in my heart.” Continue reading →

Journalism Ethics: David Gregory’s Impudent Question

/ Jack Marshall / 14 Comments

potandkettleHere’s a revolutionary suggestion: Maybe one should only be accorded the special rights of a journalist if one abides by principles of journalistic ethics.

Yesterday on his CBS Sunday Morning program “Meet the Press,” host David Gregory incited the ire of right, left and center by daring to ask Glenn Greenwald, the pugnacious left-leaning libertarian blogger and advocate who first published the NSA leaks from Edward Snowden, this question:

GREGORY: Final question for you…. To the extent that you have aided and abetted Snowden, even in his current movements, why shouldn’t you, Mr. Greenwald, be charged with a crime?

Greenwald’s answer, essentially, was “How dare you?”… Continue reading →

No “President Asterisk”

/ Jack Marshall / 20 Comments

asteriskThe IRS scandal has spawned a new round of partisan “what ifs?” from Republicans and conservative commentators, the gist of them being that President Obama’s election in the 2012 contest was the result of cheating, and the IRS’s successful efforts to stifle Tea Party organization efforts. Surely the less than 2% difference between Mitt Romney and the President might have been bridged had the kind of conservative enthusiasm that marked the 2010 Congressional election not been unethically and illegally stifled! Wall Street Journal blogger James Taranto has dubbed Obama “President Asterisk.” A research paper from the American Enterprise Institute suggests that the post 2010 targeting of conservative and Tea Party groups seeking tax exempt status may have cost Mitt Romney the Presidency. Continue reading →

Ethics Quote of the Week: Phyllis McGinley (1905-1978)

/ Jack Marshall / 9 Comments

The Angry Man

The other day I chanced to meet
An angry man upon the street —
A man of wrath, a man of war,
A man who truculently bore
Over his shoulder, like a lance,
A banner labeled “Tolerance.”

And when I asked him why he strode
Thus scowling down the human road,
Scowling, he answered, “I am he
Who champions total liberty —
Intolerance being, ma’am, a state
No tolerant man can tolerate.

“When I meet rogues,” he cried, “who choose
To cherish oppositional views,
Lady, like this, and in this manner,
I lay about me with my banner
Till they cry mercy, ma’am.” His blows
Rained proudly on prospective foes.

Fearful, I turned and left him there
Still muttering, as he thrashed the air,
“Let the Intolerant beware!”

— Poet Phyllis McGinley, quoted in the comment thread on the Volokh Conspiracy’s post about the Supreme Court decision this week in Glowicki vs. Howell Public School District. Continue reading →

Slate Gives Us A Lovely Example Of Deceit

/ Jack Marshall / 29 Comments

Deceit_Cvr_CMYK

Thanks, Slate!

A lot of people have trouble with the concept of deceit, which is the intentional use of apparently true statements to deceive. Now I have a wonderful example to give them, thanks to Slate’s use of the most sneaky of lies as its recent contribution to the Post Sandy Hook Ethics Train Wreck, Media Anti-gun Propaganda Division.

Slate compiled a list it called “How Many People Have Been Killed By Guns Since Newtown,” and illustrated it with an “infographic.” The list was widely used in the current “those crazy Republican gun nuts have blood on their hands” campaign led by the President, the Vice President, Mayor Bloomberg and others.  The list is unreliable, however, as an advocacy device, since one of the names it includes is Boston Marathon terrorist Tamerlan Tsarnaev, killed in a shootout with police. How many other gun casualties are on the list that are perfectly justified, legally and ethically, unless one is an anti-gum absolutist who thinks neither the police nor other law enforcement should have access to firearms either? Quite a few, it turns out.

The only explanation for including Tsarnaev (and the others) is to mislead the public and inflame fear and passion by maximizing the raw number of names on the “shooting death list.” Yes, this is literally an accurate (I guess) list of every gun death since Newtown, but if the purpose of the list is to dramatize the need for anti-gun measures in the wake of the Sandy Hood shooting, why is a Boston Marathon child-killer on the list? What does his death have to do with the defeat of gun-control legislation in the Newtown aftermath, or the Newtown massacre generally? Nothing…except that it inflates the number, to be used in fear-mongering and misrepresentation. And that is exactly how Slate’s list is being used…as if it didn’t know. Those defeated, Newtown-inspired anti-gun measures would not have have saved the terrorist, nor does anyone sane wish they could have. Continue reading →

Superhero Ethics: The Duty To Rescue

/ Jack Marshall / 12 Comments
Which is the cold, calculating, utilitarian face?

Which is the cold, calculating, utilitarian face?

In the new Superman film, Supie fails to rescue an important character in distress after the character requests that he allow him to perish.

Lawyer and superhero obsessive James Daily, co-author of “The Law and Superheroes” and the Law and the Multiverse blog, has taken to his keyboard to examine whether the transplanted Kryptonian had a legal duty to rescue the victim anyway.

His conclusion, and the law’s, is no. Daily writes,

“People are sometimes surprised to learn that, by default, there is no obligation under American law to help or rescue other people…Even “Good Samaritan” laws do not create an obligation to act as a Good Samaritan, but instead only encourage such acts of kindness by shielding some would-be rescuers from legal liability if they accidentally end up hurting rather than helping the victim. This “American rule” (not to be confused with the American rule for attorneys’ fees) applies even when a life could be saved with the most minimal of effort. As a result it has been called “morally repugnant” and “revolting to any moral sense,” but it is nonetheless the law in most states….” Continue reading →

Ethics Dunce: Fox News, Serving Nobody And Disgracing Itself

/ Jack Marshall / 44 Comments

The combatants on Sean Hannity’s Fox News show were flaming right-wing madman Bill Cunningham, a god-awful radio talk-show host who must have photos of Sean in flagrante delicto with Nancy Pelosi or something, and Fox house Obama defender Tamara Holder, who is none too sharp herself.  The topic is thoroughly obscured by the invective and petty bickering. It began as a discussion over whether Attorney General Holder committed perjury before Congress regarding his involvement in the James Rosen warrant (he didn’t, barely).

This video clip is self-indicting, but before you watch it, allow me make a couple of points:

  • This kind of uncivil, unprofessional, shouting, insulting, ranting gutter fight provides no information and no illumination. It is an insult to the audience.
  • If, because of misconduct by guests, such an atrocity breaks out on the air, a responsible network should pull the plug on it, and apologize to viewers.
  • A responsible host and moderator should never, ever permit a segment to deteriorate to the degree.
  • Sean Hannity did, and ought to be held accountable. He failed his duty to viewers and to the network.
  • Hannity was on notice that talk show host Bill Cunningham is an offensive, irresponsible blow-hard. This right-wing racist—anyone who habitually calls President Obama by his middle name is by definition a racist, as well as a jackass—is a serial offender that Hannity has on his show frequently. The man isn’t fair, civil, persuasive, pleasant to listen to, funny, wise or smart.
  • Tamara Holder should have walked off the set, if Hannity wasn’t going to be professional and tell Cunningham to be civil or leave. Instead, she eventually responded in kind—understandable, but wrong.
  • Fox should ban Cunningham from TV. Everyone should ban him, for that matter. The message has to be sent that this kind of conduct isn’t “good television,” it is an abuse of public speech.

Now, the clip:

Food Network Thought Crimes

/ Jack Marshall / 35 Comments

[Now that is a headline I never conceived of having to use.]

"Love your cooking, Paula, but that joke you laughed at in 1996 means that you're racist scum. Rot in Hell."

“Love your cooking, Paula, but that joke you laughed at in 1996 means that you’re racist scum. Rot in Hell.”

Paula Deen, Southern cuisine star of the Food Network, has been fired because of the public uproar after she admitted in a law suit deposition that she had, on occasion and in the past, used the term “nigger” and tolerated racist jokes. This outburst of honesty (she was under oath at the time) apparently justifies social network hatred being directed her way in waves, and Jake Tapper, on CNN (WHY do I keep watching CNN?) conducting an inquisition this afternoon in which he asked third parties whether formerly using “the N-word” means Deen is a racist.

I don’t give two hoots about Paula Deen or her career. I watch the Food Network about as often as I watch MSNBC or YES.  She has always seemed more than a little bit silly and dim to me, and the reasons for her popularity elude me. But if there are many Americans who grew up in the South when Deen did who never used “nigger” and who never laughed at a racist joke, I’ll be shocked. That isn’t a “everybody does it” excuse. That is a “stop condemning people who reflected their narrow culture until they gained some perspective and wisdom” explanation. My father grew up in Kentucky in the 20’s and 30’s. Do I think he would have answered a deposition the same way Deen did? I sure do, and if one percent of those attacking Deen now possess sufficient integrity, honesty and essential fairness to be worthy of licking my Dad’s combat boots, I’ll be even more shocked. Dad is hardly the only admirable individual who spoke this way in his younger years. During his successful campaign for the U.S. Senate in Virginia, former Democratic Senator and war hero (and my classmate) Jim Webb bravely admitted that he had also used “nigger” when he was younger, and that crucifying his Republican opponent, George Allen, for similar, long-past indiscretions was unfair. He was right about Allen, and his  defense applies to Deen as well. Continue reading →

The Ethics Irony of the Justice Department’s First Amendment Chill

/ Jack Marshall / 1 Comment

040308-N-0000P-002The AP’s president and chief executive Gary Pruitt told the National Press Club this week that the US government’s secret seizure of Associated Press phone records has had a “chilling effect” on news gathering by the agency and other news organizations “Some longtime trusted sources have become nervous and anxious about talking with us,” he said in his speech. .”In some cases, government employees we once checked in with regularly will no longer speak to us by phone. Others are reluctant to meet in person.” He added that this  chilling effect on newsgathering is not just limited to the Associated Press.

My reaction? Bad…and also good. The unprecedented incursions on the news media by the AP operation and the search warrant executed on Fox reporter James Rosen are, I think, pretty obviously, government action that has the effect, and maybe the intent, of intimidating and muzzling the press, and in the case of Rosen, “criminalizing the act of journalism.” This is all ominous for the country, democracy, freedom and the public, and seriously so.

The fact that these efforts have also discouraged leakers and others who breach laws, regulations, promises and professional ethics to satisfy their personal agendas, however, is nothing to mourn. I have long termed the process whereby an untrustworthy employee illegally or unethically leaks information to the press, which then publishes it with impunity, as information laundering. I don’t think such sources ought to have their identity protected—this is an accommodation for reporters that has nothing to do with ethics at all, just pragmatics. Sources should be on the record, not anonymous, and when they reveal information they had promised not to, they should be willing to accept responsibility, accountability, and penalties. Continue reading →

Here Is A Law Suit To Root For

/ Jack Marshall / 10 Comments

birthdaycake1The continuing charging of licensing fees for commercial use of that most public of songs, “Happy Birthday,” has been an annoying anomaly for as long as I can remember. Why did TV families always sing some lame approximation or substitute when a character had a birthday? Just last week, I expressed my chagrin when Tom Selleck’s extended family on “Blue Bloods” brought out  granddad  Len Cariou’s birthday cake, blazing with candles, as they sang, “For He’s A Jolly Good Fellow!” Who sings that at a birthday party today? People who don’t want to be held up for the licensing rights for a song over a century old, that’s who. I believe the first time this issue imposed itself on my consciousness was when they sang some lame birthday song stand-in on “The Flintstones.”

Jennifer Nelson, a film-maker, has had enough. She was producing a documentary movie about the song, and naturally wanted it to be performed at one point in her film. Like many before her, she was told she would have to pay $1,500  via a licensing agreement with Warner/Chappell, the publishing arm of the Warner Music Group, which acquired the rights to the song  in 1988.  Nelson’s company paid the fee and is now seeking certification for a class action law suit arguing that “Happy Birthday”  is in the public domain, and has been. Warner/Chappell collects about $2 million a year in licensing fees for it, and the suit seeks return of the  fees it collected over  the last four years. The lawsuit cites the research of Robert Brauneis, a professor at the George Washington University Law School and the author of a 68-page article titled “Copyright and the World’s Most Popular Song.” In the study, Professor Brauneis demonstrates, to his satisfaction at least, that the Hill sisters,  Mildred and Patty, wrote a song in the late 1800s with the same melody called “Good Morning to All.” Nobody is certain who wrote the lyrics referring to a birthday, but it was in popular use as early as 1911. Continue reading →