Month: April 2015

Ethics Observations On The Columbia Journalism Review’s Report On Rolling Stone’s False UVA Gang Rape Story

/ Jack Marshall / 13 Comments
So I guess democracy is in big trouble then..

So I guess democracy is in big trouble then..

The Columbia School of Journalism was tasked with delivering the final verdict on the already thoroughly discredited Rolling Stone story “A Rape on Campus,” which first ran Nov. 19, 2014. The report, which was published yesterday, could not be more critical or devastating to the publication’s reputation and credibility. The one positive conclusion about Rolling Stone that the report documents is that the magazine cooperated fully with the investigation. In light of everything else Rolling Stone has done in this indefinably awful instance of atrocious and unethical journalism, that compliment is like praising a serial killer for leading police to the bodies of his victims.

The news media this morning is full of punditry on the CSJ report, none of it kind to Rolling Stone, so I will confine any new commentary here to the following 10 observations Ethics Alarms has already discussed the matter and related ethics issues extensively.

1. Upon receipt of the CSJ report, Rolling Stone finally took down and retracted the story by Sabrina Rubin Erdely. The story has been on the magazine’s website since mid November, and it has been universally identified as unreliable, misleading and false before the month was over. Why was the piece still up almost five months later? What the reporting of the Washington Post and others demonstrated beyond a shadow of a doubt was that the story was based on unsubstantiated allegations and terrible reporting practices sparked by the reporter’s ideological agenda and her own biases. Once a news article is found to be so sub-standard that it should never have been published, that means it need to be un-published,  and does not belong on a news source website, unless it is under a banner stating: “Retracted and Discredited.”

2. While the Columbia report added some new details and had the name of a university on it, its findings added little to what had already been reported elsewhere. The CSJ’s proper role was to examine the lack of professional and ethical journalism policies and procedures that led to this fiasco, and to make recommendations to prevent similar abuses of the First Amendment from occurring. The fact that the article itself was indefensible did not need confirmation.

To me, it looks like Rolling Stone used the investigation to stall, delaying accountability as long as possible. Continue reading →

Unethical Quote Of The Week: Kentucky Guard Andrew Harrison

/ Jack Marshall / 22 Comments

“Fuck that nigger.”

—-Kentucky guard Andrew Harrison, muttering behind his hand into a live microphone after answering a post-Final Four game news conference question about Wisconsin player Frank Kaminsky, whose heroics had contributed greatly to Kentucky’s 71-64 defeat by the Badgers,  ruining  the Wildcats’ undefeated season and the favored Kentucky’s hopes of another NCAA basketball tournament championship.

Stay classy, Andrew.

Stay classy, Andrew.

We are constantly told how college sports builds character, sportsmanship and life skills, and that the experience itself is a valuable education that will serve students well in their future careers.

Sure.

Harrison later said, in multiple tweets apologizing on Twitter, that his remark was a misunderstood “poor choice of words”—well, except for the word “that”—and that he really admired and respected his rival. Harrison did not explain why his admiration and respect did not extend to shaking hands with the team that had just beaten his, as NCAA practice dictates.

If, by some chance, Harrison does not succeed in his imminent NBA career (that will prevent him from actually getting a degree) or does not make enough millions before flopping that he has to support himself with less lucrative pursuits, his lack of basic manners, civility and judgment will prove to be quite a handicap, I imagine. Too bad he didn’t learn any  of that in college.

But I look forward to having it explained to me once again why a black man calling a white one a “nigger” following a vulgarity should be excused as simply a charming cultural expression of respect that one can only appreciate in the context of the larger African-American experience, while a white man saying the same about a black player would become an instant national pariah and risk having his house burned down.

Side note: It took me 15 minutes and visits to six web sites before I could find out exactly what it was that Harrison said.  Most sources vaguely reported that he had uttered “an expletive and a slur,” or plunged readers into a game of “Hangman” with the statement being reported as “_ _ _ _ that _ _ _ _ _ _.” The Washington Post settled on “[Expletive] that [N-word].” Which expletive??? This is ridiculous, and as inexcusably bad journalism as refusing to show the Charlie Hebdo cartoons that caused the Paris massacre.  The story is about what Harrison said, and it is impossible to inform readers about the incident without saying exactly what was said.

 

 

Missouri’s Unethical Food Stamps Bill

/ Jack Marshall / 56 Comments
Sometimes you just need a good lobster. I'm from Boston. Trust me on this.

Sometimes you just need a good lobster. I’m from Boston. Trust me on this.

Years ago, my wise and wonderful first year Contracts professor at Georgetown Law Center, the late Richard Alan Gordon, made a permanent impact on my conscience with a spontaneous rant. He was discussing a case involving a welfare recipient who had been sued by a Washington department store for failing to keep up with installment payments on a Hi-Fi system. The court voided the contract, saying that it was unconscionable for the store to intentionally create incentives for poor people to spend public assistance money on “non-essentials” like music systems. (I wish I remembered the name of the case, but then I only got a C+ in the course.)

As the students nodded their heads in agreement with the opinion, Professor Gordon cut them short and thundered (I am copying from faded old notes: Dick’s rants were always eloquent and memorable, and I began reconstructing them after class for posterity):

“Outrageous! Who are you, or a court, or a government, or any authority to tell another human being that feeding his body is more important than feeding his soul? Music is “non-essential”? I suppose that means that literature, culture, inspiration, wisdom, knowledge…or a moment of joy, the thrill of discovery, experiencing a concert, admiring a great work of art, or sharing an intimate and timeless moment with the love of your life is “non-essential” too! Neither the law nor any court nor a government authority has a right to dictate what is essential to any human being, whether he is receiving public assistance or not. Being poor imposes its own cruel restrictions on liberty and autonomy. Imposing more still is both an abuse of power and a violation of basic human rights. This is an assault on human dignity.”

Continue reading →

Gay Marriage Combat Flashback: “When A Boycott Is Unethical”

/ Jack Marshall / 5 Comments

Prop 8

Prolific commenter Steve-O suggested that my previous post, Planet Ethics To Earth’s Gay Marriage Combatants: “You’re Mean, You’re Disgusting, And You’re Embarrassing The Human Race”, would have done more good if I had written it a few years ago. That’s hindsight bias, of course, but I did point out the unethical nature of similar tactics more than a few years ago, when gay marriage advocates announced a boycott against the state of Utah. ( I also, more than a decade ago, explained why this debate would be intense and emotional, and suggested the only chance, admittedly a faint and likely futile one, that the anti-gay marriage forces had to prevail.) Steve’s suggestion is also fanciful, in that Perez Hilton’s inane pronouncements on a Lindsay Lohan Instagram carry about 100,000 times more weight and influence than anything written here, and probably more than anything written about ethics issues anywhere, by anyone.

With that sad fact noted, the renewal of the problem of punitive and unfair boycotts as well as the escalation of brutal tactics in the gay marriage wars justifies a re-print of this essay from the Ethics Scoreboard from 2008, shortly after Proposition 8 was voted into law by Californians. As an aside, I note with some nostalgia the sober style in which Scoreboard posts were written. Therein lies the difference between an ethics website that posted essays composed over several days, and an ethics blog that attempts to keep up with multiple issues a day. The former is certainly more professional in tone; the latter is more personal and unfiltered, and, as a result, more read.

In the wake of California’s popular vote to over-ride its Supreme Court and establish marriage as restricted to heterosexual couples, gay rights advocates are urging an economic boycott of the state of …Utah.

Why Utah? Well, the Mormon Church, based in Salt Lake City, encouraged its members to work for passage of California’s Proposition 8. Thousands of Mormons worked as grass-roots volunteers and Mormon contributors gave tens of millions of dollars to the campaign. “At a fundamental level, the Utah Mormons crossed the line,” said gay rights activist John Aravosis, whose AmericaBlog.com is urging the boycott. “They just took marriage away from 20,000 couples and made their children bastards. You don’t do that and get away with it.” Continue reading →

Planet Ethics To Earth’s Gay Marriage Combatants: “You’re Mean, You’re Disgusting, And You’re Embarrassing The Human Race”

/ Jack Marshall / 53 Comments

earth-from-space

It is hard to mediate a dispute where both sides feel entitled to use scorched earth tactics that ensure that innocent people get hurt. The gay (or same-sex) marriage wars have quickly escalated to that point, and while it may have been predictable, it was not necessary.

Gay marriage advocates, who were winning and, it is now clear, will win, could have shown patience and compassion toward the unsuspecting Americans of faith who weren’t paying close attention to the epic cultural shift underway, and who are reacting like most human beings react when the basic traditions, assumptions, and beliefs that they grew up believing were good, fair and immutable suddenly move beneath their feet like unstable tectonic plates—with confusion, anger, fear, impulsive words and actions based on instinct and panic. The gay advocates couldn’t bring themselves to do it, though. They rationalized their aggressive strategy with the Goldwateresque “Extremism in the  defense of liberty is no vice” approach to social change. They insisted on demonizing opponents, without caring about their motives or their lack of understanding of the issues. Even passive acceptance wasn’t enough: the pro-gay marriage warriors had to purge contrary thoughts from the culture. Forget about tangible opposition: anyone who wasn’t thinking friendly thoughts about gays and their unions had to be destroyed. Use the fear of the tradition-bound against them. Crush them…beat them into submission.

It has been ugly, destructive, and wrong. American shouldn’t lose their jobs for signing a petition or voting for a referendum. States, and all their businesses and individual livelihoods, shouldn’t be boycotted because of misguided laws. This week, a family that just want to make and sell good pizza was drawn into a controversy it neither understood nor could be expected to, and was targeted for destruction after the owner made a comment rife with ignorance about, well, everything. Does it really matter that a pizza seller mistakenly thinks that it would be honorable and virtuous not to cater a hypothetical same-sex wedding reception? Does the family really have to be brought to its knees, made an example of, and ruined to teach anyone else what can happen to them if they don’t conform to the new, mandated belief system?

Who respects or likes people who act this way? We call them bullies. We call them cruel. We call them fanatics. ( This hateful CBS reporter tried to derail the GoFundMe effort to raise funds to rescue the pizza place.) Unless we are determined to understand their motives, we are very likely to hate them.

So the advocates of gay marriage really think it advances their cause, and it is a just cause, to make people hate and fear them.

What utter, utter folly.

Naturally, as in any war, the other side has responded in an equally brutal and ugly manner, just worse—dumber, to begin with. It’s Dresden for Coventry all over again.  Continue reading →

How Can Schools Teach Students About Citizenship And Rights When They Don’t Know What Rights Students Have?

/ Jack Marshall / 5 Comments
Sorry about this, Tiffany, but your school definitely can't suspend ME...

Sorry about this, Tiffany, but your school definitely can’t suspend ME…

Today’s example of totalitarian school tactics committed by administrators who should be attending classes rather than overseeing them comes to us from Memphis, Tennessee. Highland Oaks Middle School suspended three students for posting a teacher’s mugshot on Instagram. Eighth grade teacher Tiffany Jackson had been arrested for driving with a suspended license, and a student discovered her mugshot online. He posted it,  and many more students re-posted the picture.

How could students posting public information on their own Instagram accounts be grounds for punishing them?  It isn’t. The school has no right to do this, and suspending students for such protected conduct just serves to intimidate them  and other students from exercising their rights as citizens.

That, of course, is the idea.

I agree that it wasn’t kind or fair of the students to set out to embarrass a teacher, but that’s a matter for discussion—education, perhaps— not discipline.

There has been a disturbing amount of deliberate or ignorant trampling on student speech lately, notably the University of Oklahoma expelling students for a constitutionally-protected racist chant, but also in high schools across the country where personal social media posts have been and are being treated as grounds for discipline. This is not to be tolerated from educational institutions in a democracy. Schools are fond of n0-tolerance: I can’t think of any conduct that should be less tolerated than teachers and administrators trying to control legal conduct and protected speech by students that occur off school grounds. We need to raise citizens who understand and respect individual rights, not burgeoning fascists who think that authority can and should shut down speech and conduct it doesn’t like.

At Highland Oaks Middle School, administrators eventually overturned the suspensions. I don’t care: fire them.

For this has to stop.

Meanwhile, welcome to the Streisand Effect, Ms. Jackson! Thanks to your employers trying to cover-up your offense by muzzling your students, everyone is seeing your mugshot. Just trying to do my part to discourage this blatant abuse of power….

_________________________

Pointer: Res Ipsa Loquitur

Facts: WNC Action 5

 

Ghost Of Ethics Dunce Past: “Hardball” Guest Kevin James

/ Jack Marshall / 19 Comments

Chamberlain

[CORRECTION: Boy do I feel stupid. For some reason Slate ran a story about this ridiculous exchange on Hardball, and it confused me into thinking it was current, and related to the Iran deal. My mistake; thanks to Rick Jones for flagging it. Other than the time frame, everything I wrote about James (and Matthews, and MSNBC) stands, and James’ pundit malpractice deserves as much exposure as possible. I’ve made a few edits to eliminate the confusion, which was all mine. I must say, however, I question the need for dredging up past idiots on political talk shows when there is such an abundance of current ones]

I didn’t know who Kevin James was—all I could find were references to the comedian who starred in “King of Queens.”  Apparently this James is a former L.A. mayoral candidate, a lawyer, and radio talk show host. Because MSNBC likes playing the game of finding the most ridiculous, inarticulate, wild-eyed, nut-ball conservative it can to represent any position the network’s ideological clones oppose, Chris Matthews used this guy in 2008 to explain whyt Republicans  thought Obama was “an appeaser” like Neville Chamberlain.  James’ position was that Obama was following in the infamous footsteps of  Chamberlain, who appeased Hitler in Munich while trumpeting “Peace in our time.”

Incredibly, James had no idea what Chamberlain did, and maybe even who he was. Matthews humiliated him by exposing his guest’s jaw-dropping ignorance as James shouted, protested and broadcast to all that he was the epitome of a badly educated, unprepared ideologue, out of his depth, his league, and his mind: How could any sane individual go on TV to compare Obama to Neville Chamberlain without doing the minimal research necessary to justify the comparison?

This is incompetent and irresponsible punditry, advocacy malpractice, and rank stupidity. Of course, it is also unethical for Matthews and MSNBC to allow anyone so abysmally unqualified to be a guest, but fish gotta swim, birds gotta fly. Still, the majority of the blame has to fall on James.

This fool was a federal prosecutor?

I bet the other Kevin James would have done better.

But he might not have been funnier.

Watch, and wince:

____________________

Spark and Pointer: Slate

Statue Ethics: “Hey Lucy, I’m Ho…OH GOD NOOOOOOOOOOO!!!!”

/ Jack Marshall / 14 Comments

Lucy statueIconic comic actress Lucille Ball was born in Celoron, New York, and in 2009 the town’s residents commissioned a statue to honor her. It was designed to show the comedienne performing one of the most famous of her routines on “I Love Lucy,” the “Vitameatavegimin” bit.  For some reason, however, the sculptor either decided to portray Lucy as a creature from Hell, or had never actually seen a picture of Ball and just guessed, badly, at what she looked like. The result, which a sighted “Let’s Honor Lucy” committee member should have rejected at first glance, now stands in the town park, an eyesore and an insult to Ball’s memory.

Now some of the residents are trying to get the town to junk the statue, and rallying Lucy fans to put pressure on the town leadership to act. My question is, what took them so long? Six years of this incompetent abomination is six years too long. A memorial is ethically obligated to honor its subject, not insult and defile her memory. Would the public tolerate a Lincoln Memorial where Abe was sculpted to look like an ape? Would it have stood by at the unveiling and said, “Well, okaaay, I guess we can live with that…I guess. I mean, its paid for and all”?  What’s the matter with the populace of Celeron?
Continue reading →

KABOOM! The University of Houston Is Paying Matthew McConaughey $135,000 To Give A Commencement Speech

/ Jack Marshall / 17 Comments

head blowsThis isn’t just your usual, run-of-the-head Kaboom! where my brains go everywhere after a story makes my head explode. This is an angry Kaboom! where I kick my brain chunks around in disgust before the clean-up.

There is no possible excuse for this. The University is taxpayer funded, and if I lived in Houston, I’d be picketing graduation. The University announced in January that the 2013 Academy award-winner was speaking but avoided revealing his fee, until the persistent  the Houston Chronicle got the word on March 31. The paper said that the Celebrity Talent agency tried to block  the Chronicle’s Freedom of Information requests, arguing “that if UH tells the public how much it plans to pay McConaughey, a ‘reporter or someone’ might create ‘unfair negatives online.’ Yes, I think that was a reasonable assumption.

Scattered thoughts as I clean up the mess: Continue reading →

Ethics Dunce: Fox News Anchor Chris Wallace

/ Jack Marshall / 4 Comments

You won’t read this on The Daily Caller!

Even the pizza deserves an apology...

Even the pizza deserves an apology…

In a radio interview with conservative talk show host Mike Gallagher, Fox News anchor Chris Wallace was riffing on Little Caesars’ bacon-wrapped crust pizza when Gallagher brought up “fat shaming,” which slid into the issue of the current celebrity fat-shaming victim, following in the footsteps of past targets of weight-related ridicule like Kirstie Alley, Roseanne, Adele, Rosie O’Donnell and Lisa Welchel, pop singer Kelly Clarkson.  “Holy cow, did she blow up!” Gallagher said. “She could stay off the deep dish pizza for a little while,” replied Wallace. Ethics Foul , and a vile one. Rude, mean, and completely gratuitous, Chris Wallace has no reason to comment on Kelly Clarkson’s appearance. She’s not a supermodel; she’s a singer, and a really good one who has just has a baby. Her weight is none of his business, and for him to pile on what is already an ugly social media and internet gossip game of mocking Kelly’s dress size is using his prominence to endorse the ugly societal obsession with women’s weight that, as he should know, kills people.

He doesn’t just owe Clarkson an apology.

He owes everyone an apology.

________________

Pointer and source: Mediaite