Let’s Play “Pick The Most Unethical Lawsuit!”

Bad suits

Hello, hello, hello, Game Show fans! My, what a great crowd we have today. I’m your host, Wink Marshall, and today our contestants are going to compete for Most Unethical Law Suit. As always, you, our home audience, will decide who get the prize, a lifetime supply of extremely expensive boloney, courtesy of our sponsor, Oscar Meyer. Are you ready? Then, let’s meet our contestants! First, heeeere’s…

Andrew Rector!

You remember Andrew, right? In June, I wrote…

ESPN cameras caught Andrew Rector sleeping in his seat in the fourth inning of  the April 13 Boston Red Sox-New York Yankees game. In the time-honored tradition of TV play-by-play when something funny, weird or, most especially, sexy is spied in the stands, ESPN commentators Dan Shulman and John Kruk  began making fun of him. The clip ended up on YouTube, naturally, and thus on various sports websites, followed by the various idiotic, cruel, gratuitously mean-spirited insults, usually composed by brave anonymous commenters. …Let me say for the record that picking fans out of the crowd at sporting events and making fun of them, whatever they are doing, is generally a rotten thing to do. I know: it’s public, you know you might be on camera, and the fine print on the ticket stub puts you on notice. Unless, however, the conduct involved is actually newsworthy or despicable (as in instances where an adult has snatched a baseball from a child), the Golden Rule applies. …Unfortunately, Rector, whose name was unknown and whose sleeping form would have been quickly forgotten, decided that his humiliation was so great that he needed to sue…for $10, 000,000. Rector filed the suit against ESPN, Shulman, Kruk, the New York Yankees and Major League Baseball…and asks for damages for defamation and intentional infliction of emotional distress, citing malicious and false statements said about him,including that Rector is “a fatty cow” that represents a “symbol of failure.” …None of the defendants actually said any of these things (“fatty cow”?). Rector’s suit is apparently making the creative legal argument that ESPN’s mild mockery seeded the vicious mockery elsewhere on the web.

Welcome back to Ethics Alarms, Andrew, old friend!  Try to sta awake, now! Has the Streisand Effect kicked in yet? We’re doing what we can to help!

Now let’s meet someone completely new to Ethics Alarms, Contestant #2, Continue reading

Case Study In Cultural Ethics Rot: “Bin Laden Shooter” Robert O’Neill

Dead, but still helping to corrupt our culture...

Yes, dead, but still helping to corrupt our culture…

Do you remember all those World War II, Korean War and Vietnam veterans who published books and gave interviews taking personal credit for the successes of the United Armed Services? No, neither do I, because there weren’t very many. The ethical culture of military organizations has always been that the unit is what matters, not the individual. For a soldier to seek credit, accolades and celebrity through his own disclosures was regarded as disgraceful conduct, and a betrayal of military honor and tradition.

Those values, and the important larger cultural values that they reinforce, are crumbling rapidly. Former Navy SEAL Robert O’Neill, one of many U.S. special forces members to storm Osama bin Laden’s compound on May 2, 2011, confirmed to The Washington Post that he was the unnamed SEAL who fired the fatal bullet at the terrorist leader. His decision to make himself an instant celebrity and speaker circuit star comes nearly two years after another Seal in the mission, Matt Bissonnette, published his account of the raid, “No Easy Day.” The Post says that O’Neill has endured “an agonizing personal struggle, as he weighed concerns over privacy and safety against a desire to have a least some control over a story that appeared likely to break, with or without his consent.” There is no struggle if O’Neill accepted that fact that his ethical obligation is to shut up, and not dishonor his colleagues, his profession and his country by choosing celebrity over preserving a vital ethical standard.

Will future Seals jeopardize the success of their missions as each tries to deliver the “money shot” that will literally result in millions? Why wouldn’t they, now that soldiers are absorbing the American culture’s obsession with cashing in and becoming famous as the primary objective of human existence? Like all ethical standards, the tradition of soldiers neither seeking individual credit nor wanting it had strong practical reasons for its existence. A military unit is the ultimate team, and no team can function at maximum efficiency if the members regard themselves as competing for glory. Continue reading

Unbiased and Honest Democrats: Please Explain, In Light Of This, Why Anyone Should Trust This Administration

"Gee. Thanks."

“Gee. Thanks.”

Jonathan Turley informs us:

The Justice Department has previously been held in contempt by Congress and hit with increasingly tough court orders from a federal judge over its obstruction of efforts to secure evidence in the notorious Fast and Furious operation. Many have accused Attorney General Eric Holder of acting blatantly political in withholding documents to protect Democrats from backlash before the elections. As if to prove that view, the Justice Department waited until late on election eve to finally dump more than 64,000 pages of documents congressional lawmakers have been seeking for years. The timing was almost taunting in its impact. Guaranteeing that the content could not be viewed before people voted, the Obama Administration’s long obstruction resulted in this troubling image of a politically timed release….The election eve dump to the House Oversight and Government Reform Committee involved 64,280 pages withheld for years by the Obama Administration.

If you want to read the typical Republican outrage and the routine, “Oh, no, we are just trying to cooperate with this witch hunt” White House response, go here. Ethically, the conduct speaks for itself, however:

1. In litigation, this might  be called discovery abuse. Discovery abuse is unethical. Continue reading

Brad Paisley and Jon Stewart: The “It Was Just A Joke” Follies

Joker04Once again, we visit the ethically murky realm of jokes, near-jokes, misfired jokes, fake jokes, the ‘it was just a joke’ excuse and things the purveyor of non-jokes wish were jokes after the fact. Interestingly, by my estimation, the real and non-offending joke among our twin set today was the one delivered by a non-comedian, and the dishonest joke excuse was employed by a professional comic.

Case A: Jon Stewart

Appearing on CNN election day with Christiane Amanpour to talk about the  midterm elections, the host asked Stewart if he voted. The comic/pundit/news anchor/progressive hit man responded “no” saying, “I just moved. I don’t know even where my thing is now.” Said Ann Althouse:

“The epitome of apathy. And this is the man who shows the young folks how to think!”

She was not alone. Later, as he hosted a special live election night edition of “The Daily Show,” Stewart  apologized, saying:

“…to set the record straight, I did vote today… I was being flip, and it kind of took off, and you know what, I want to apologize. It sent a message that that I didn’t think voting was important. I shouldn’t have done that. That was stupid.”

This was flagged to me as a solid and ethical apology, and I agree, if that’s what it was.  I don’t think that is what it was, though. I think it was damage control, and a lie. Maybe Stewart voted and maybe he didn’t, but he’s a professional comic. His “flip” dismissal of voting to Amanpour didn’t read a s a joke, and she didn’t seem to take it as one. He’s one of the highest paid and popular comedians in the country, and doesn’t know how to make it clear when he’s joking? Or can’t tell when a joke misfires, and he has to backtrack so people don’t think he’s serious? I am dubious. Continue reading

Incompetence Personified: Six Years, And He Still Doesn’t Understand His Job.

No change. Amazing.

No change. Amazing.

The flat learning curve reared its ugly head again in President Obama’s post-shellacking press conference. I did not expect him to admit that the election results were a direct repudiation of his leadership, management and policies, because the man is a narcissist, and he can’t process such information. I expected him to spin the defeat as insignificant from a public will perspective, and he did, noting that only a third of the electorate bothered to vote. That is, of course, the 30% that has been paying attention.

But I was genuinely surprised that he still, still, after all this time, displayed a complete lack of comprehension of what Presidential leadership involves and has always involved since the beginning of the position two centuries ago. Persuasion. Compromise. Trading. Negotiation. Repeatedly, Obama kept saying that he was sure that he and Republicans would find “common ground.”  When they did, he said, things would get done. He made it clear, however, that if he didn’t agree that a policy measure was in the best interests of the country or wouldn’t work, he would block it.

This is madness. It may sound reasonable to civicly ignorant casual observers of the government, as is most of the President’s supporters, but that characterization of how laws get made and a system of checks and balances works would produce a D in any political science course in any junior college in America. The President is obviously intelligent. I presume he’s read about the Presidency….I don’t know, maybe he hasn’t. Is it possible that he doesn’t know that every President made deals with hostile legislators that resulted in laws that President detested, in exchange for moving along policies that were worth the sacrifice? How can he not comprehend this, after six years? The man is President of the United States, and after six years, he still thinks the job is about giving orders and making decrees. Continue reading

Comment of the Day: “Make Voting Compulsory, Because We Can’t Let THAT Happen Again”

Maybe Ruth Marcus would like this system better...

Maybe Ruth Marcus would like this system better…

Theories of democracy and political science, Robert Heinlein, minimizing bias from self-interest, scientist suspicion, GIANT BUGS…okay, it doesn’t quite get to the bugs. But what’s not to like about texagg 04’s reflections and exposition sparked by the post on Ruth Marcus’s plug for compulsory voting? Here is his Comment of the Day on the post, Make Voting Compulsory, Because We Can’t Let THAT Happen Again: Continue reading

Make Voting Compulsory, Because We Can’t Let THAT Happen Again

It's simple, guys, really: we just drive you to the polling place, and we vote the way we tell you to. Otherwise, you'll be breaking the law."

“It’s simple, guys, really. We just drive you to the polling place, and we vote the way we tell you to. Otherwise, you’ll be breaking the law.”

Well that didn’t take long at all. Engaged Americans who have been paying attention to the mess in Washington decided to defy the news media’s will and ringingly reject the governing philosophies of the last six years, so not-so-secretly-true-blue pundits of the mainstream media came out with their plan to make sure that future elections will be dominated by unengaged, low-information voters who will go to the polls and vote as they are told, or, as it often is in Presidential elections, vote for whoever guarantees them the most benefits or who scares them the worst.

Washington Post editor Ruth Marcus delivered a call for compulsory voting in her column this morning. It is one of the most ethically indefensible columns I have ever read in a respected publication, and remember, I read all the New York Times columns. How anyone can take Marcus seriously after such a revolting demonstration of multi-level ethics blindness is a mystery, assuming anyone does.

To begin with, her partisan motives couldn’t be more obvious, though she denies them. After last night’s carnage was recorded, TV panels across the liberal media spectrum confidently opined that Democrats shouldn’t worry: once those dependable Democratic voters from the “base” show up to vote, as they can only motivate themselves to do in sufficient numbers every four years, all of this unpleasantness will go away in 2016. “Ah HA!” thinks Marcus. If we force those easily manipulated, self-interested, group-identifying, naive, uneducated, ignorant and easily frightened voters ( Republicans will take away your Social Security! Your food stamps! Your contraceptives! Your children will be shot in school! “They’ll put y’all back in chains!”) to come out every two years, we won’t have to endure elections like this at all! ( Over at the New York Times, a leftist scholar who saw the writing on the wall right before the election proposed another solution to the same problem: eliminate mid-terms altogether.) Continue reading

Not Funny, Just Hateful, Harmful And Wrong: The New York Post’s Despicable Post-Election Front Page

Post Obama STRIPPED

Yes, I know the New York Post has made an art form of in-your-face, outrageous, I-can’t-believe-they-printed-that headlines and front page shenanigans, epitomized by the deathless classic, “Headless Body Found In Topless Bar.”

Yes, I know that Post is owned by Australian schlockmeister Rupert Murdoch, and yes, I know that the Obama-hating market is large and especially enthusiastic after the Tuesday Night Massacre Democrats just suffered under President Obama’s leadership.

And yes, I know that this is essentially a cartoon via photoshop, and that insisting that the Office of the President must retain its dignity after Bill Clinton got through with it and Democrats en masse declared that it didn’t matter how disgusting a POTUS’s  “personal” conduct was in the White House as long as poll numbers were high and unemployment was low, so come on, Bill: lead our national convention in condemning how Republicans denigrate women!

I know all that. It doesn’t matter. Barack Obama is the President of the United States, and this kind of personal, disrespectful ridicule insults not just him, but the office he holds, the nation, and every citizen of the United States of America. If this front page were published in France or England, I would regard it as an attack and an insult. Where is the line where legitimate editorial criticism becomes vicious, culture-poisoning disrespect and a breach of ethical journalism standards? I don’t know; we can argue about it. Wherever the line is, this is over it, by a lot. Continue reading

Ethics Observations on the 2014 Mid-Term Elections

election 2014

1. After the 2006 election, in which a Republican majority in the House and Senate became a well-deserved minority, the losing Republicans, in sharp contrast to their Democratic brethren after their losses in 2000 and 2004, were remarkably frank and gracious. I wrote on November 15, 2006…

When the Democrats were rejected at the polls in 2004, they and many of their supporters in the media declared that it was proof positive that the U.S. public was stupid, ignorant, and reckless. Many claimed that the election must have been rigged; others announced that the U.S. was a lost cause and that good people should consider moving to Canada. Some actually did.

The Republicans, who were resoundingly punished at the polls for everything from corruption to arrogance to incompetence, could not present a more dramatic contrast to their Democratic counterparts. They overwhelmingly placed responsibility for their losses squarely on their own mistakes and transgressions, where it belongs. They congratulated their victorious opponents. They avoided making legal challenges or suggesting that any elections were “stolen.” Defeated Republican Senator George Allen, whose race was close enough to demand a recount, did not. And no Republicans, as far as we know, have fled the country. They will be staying around to contribute to the process of democracy, because they respect both it and its results. In short, the Republicans have demonstrated the honorable and ethical was to lose.The deportment of the losers in a democracy is every bit as important as the behavior of the winners. As the Democrats attempt to teach their rivals something about how to govern when you win, let’s hope that they learned from the GOP’s lesson in how to behave when you get throttled. Some recent Canadian immigrants might think about it as well.

Will Democrats be model losers as well?

We shall see.

2. This “concession speech” by losing Kentucky Senate candidate Allison Grimes does not bode well: Continue reading

Ethics Dunce: “Girls” Creator/Actress Lena Dunham

Dunham

Lena Dunham, creator and star of the inexplicably critically acclaimed HBO series “Girls,” has written a memoir, “Not That Kind of Girl.” Here are ten inquiries regarding its most controversial passages, like the one above,  and the reaction to them:

1. What does one say about a Hollywood figure who puts a passage like this in her memoirs, writing about her relationship with her sister, who was six years younger…

“As she grew, I took to bribing her for her time and affection: one dollar in quarters if I could do her makeup like a “motorcycle chick.” Three pieces of candy if I could kiss her on the lips for five seconds. Whatever she wanted to watch on TV if she would just “relax on me.” Basically, anything a sexual predator might do to woo a small suburban girl I was trying.”

2. Or this…

“I shared a bed with my sister, Grace, until I was seventeen years old. She was afraid to sleep alone and would begin asking me around 5:00 P.M. every day whether she could sleep with me. I put on a big show of saying no, taking pleasure in watching her beg and sulk, but eventually I always relented. Her sticky, muscly little body thrashed beside me every night as I read Anne Sexton, watched reruns of SNL, sometimes even as I slipped my hand into my underwear to figure some stuff out.”

3. Or, most famously, this...

“Do we all have uteruses?” I asked my mother when I was seven.

“Yes,” she told me. “We’re born with them, and with all our eggs, but they start out very small. And they aren’t ready to make babies until we’re older.” I look at my sister, now a slim, tough one-year-old, and at her tiny belly. I imagined her eggs inside her, like the sack of spider eggs in Charlotte’s Web, and her uterus, the size of a thimble.

“Does her vagina look like mine?”

“I guess so,” my mother said. “Just smaller.”

One day, as I sat in our driveway in Long Island playing with blocks and buckets, my curiosity got the best of me. Grace was sitting up, babbling and smiling, and I leaned down between her legs and carefully spread open her vagina. She didn’t resist and when I saw what was inside I shrieked.

My mother came running. “Mama, Mama! Grace has something in there!”

My mother didn’t bother asking why I had opened Grace’s vagina. This was within the spectrum of things I did. She just got on her knees and looked for herself. It quickly became apparent that Grace had stuffed six or seven pebbles in there. My mother removed them patiently while Grace cackled, thrilled that her prank had been a success.

?

I say that that the Hollywood darling apparently used her little sister as a sex toy for at least a decade, was never stopped or admonished for doing so by remarkably negligent parents, and has grown to adulthood without recognizing that there is anything wrong with her conduct.

The first passage not only treads on the borders of incest, but also leaves the uncomfortable question of what else she did to her sister that emulated a sexual predator. The second is profoundly creepy, and the third describes what, if true, is abuse of an infant in terms designed to sound erotic. As blogger Ann Althouse points out, does anyone believe that an infant would stuff pebbles in herself “as a prank,”or that a compos mentis parent wouldn’t immediately assume that the older girl had done it to the younger girl? At best, Dunham is lying, and doesn’r realize that her lie puts her and her family in a terrible light.

4. What can we conclude about the character of a celebrity who proposes such conduct as harmless fun, apparently unaware that it violates standards of fairness, respect and caring, to be emulated and embraced by her readers and anyone whom they have influence over, including their own children, as a legitimate cultural norm? I conclude that her values are seriously and perhaps clinically warped. and that the more critics point this out, the safer everyone is, present and future. Lena Dunham is an ethics corrupter. Continue reading