Month: June 2017

What Is The White House’s Obligation To Journalism And Journalists When They Are No Longer Behaving As Journalists Nor Abiding by Journalism Ethics?

/ Jack Marshall / 22 Comments

I know: I’m full of questions lately, and short on answers. I certainly don’t have an answer to this one, and the urgency of finding an answer, and a solution to the underlying crisis, is critical.

Here was Camille Paglia last week describing the state of American journalism:

“It’s obscene. It’s outrageous, OK? It shows that the Democrats are nothing now but words and fantasy and hallucination and Hollywood. There’s no journalism left. What’s happened to The New York Times? What’s happened to the major networks? It’s an outrage. I’m a professor of media studies, in addition to a professor of humanities, OK? And I think it’s absolutely grotesque the way my party has destroyed journalism. Right now, it is going to take decades to recover from this atrocity that’s going on where the news media have turned themselves over to the most childish fraternity, kind of buffoonish behavior.”

(I would link to a non-right wing source, but for some reason the mainstream media didn’t feel Paglia’s assessment was worth reporting. I wonder why?)

Now here was Peggy Noonan, in a Wall Street Journal op-ed:

“Dislike of Mr. Trump within the mainstream media is unalterable,” she wrote. “It permeates every network, from intern to executive producer and CEO. Here is a theory on what they’re thinking: They’re thinking attempts at fairness and balance in this charged atmosphere get them nowhere. They’re attacked by both sides. And anyway they think Mr. Trump is insane. They live on ratings, which determine advertising rates. Hillary Clinton got 2.9 million more votes than Mr. Trump, so the anti-Trump audience is larger.

Hillary Clinton got 2.9 million more votes than Mr. Trump, so the anti-Trump audience is larger. Moreover, people who oppose Mr. Trump tend to be more affluent, more educated, more urban. They’re more liberal, of course, and they’re younger. They’re a desirable demographic. The pro-Trump audience is more rural, more working- and middle-class, older. A particularly heartless media professional might sum them up this way: “Their next big lifestyle choice will be death.”

So, if you are a person who programs or sets the tone of network fare and you want to take a side—you shouldn’t, but you want to!—you throw your lot with the anti-Trump demo, serving them the kind of journalistic approaches and showbiz attitudes they’re likely to enjoy.

Mr. Trump, you are certain, won’t last: He’ll bring himself down or be brought down. You want to be with the winning side. So play to those who hate him, exclude others, call it integrity and reap the profits.”

Both women are substantially right at worst, despite the furious head-shaking you get from journalists, who are either in denial or corrupt, and most progressives and Democrats, who have every reason to deny the phenomenon because 1) they are the beneficiaries of it and 2) they have been leached of all integrity by emotion, arrogance, and bias.

Currently the mainstream news media is having a collective conniption because the White House is increasingly limiting reporter access. The journalists regard this as an ominous effort to constrain the free press, which it would be, except that the “free press” is not conducting itself as honest and trustworthy journalists are obligated to do.

If a lawyer practices law in blatant violation of the ethics rules, he or she doesn’t get to practice law any more. If a doctor breaches the ethical tenets of the medical profession, he or she is barred from treating patients. Journalism styles itself as a profession, meaning that it exists for the public good. Its ethical principles demand fairness, competence, responsible reporting, independence and objectivity. For a long, long time, what we still call “journalism’ for lack of a better name has not met any of these ethical ideals with sufficient consistency, and since the 2016 election, it has openly, shamelessly allied itself with the partisan effort to undermine and destroy the legally elected Presidency of Donald Trump. To do this, the mainstream news media has jettisoned its ethical values, and its right to be trusted by the public. As polls show, the public doesn’t trust them. The public still gives them more trust, out of habit, that they deserve.

For example, here’s a news flash: Continue reading →

Morning Ethics Warm-Up: 6/24/17

/ Jack Marshall / 34 Comments

This morning, my mind is occupied by one long-standing ethics issue, and the rest seem trivial in comparison. Let’s warm up by trying to find some way out of this mess.

The ethical problem seems increasingly beyond our ability to solve. Yesterday there was second mistrial in the retrial of Raymond M. Tensing, the former University of Cincinnati police officer who has been charged with the 2015 murder and voluntary manslaughter for fatally shooting Samuel DuBose, an unarmed motorist.  This is the third example of a police officer shooting a black man under questionable circumstances being found short of being criminally responsible in a week:

In St. Paul, police dashboard video showed Officer Jeronimo Yanez shoot into the car where Philando Castile was sitting with his fiancée and her daughter, and acquitted the officer. In that case, the officer appeared to have panicked after Castile reached into his pocket for his wallet after telling the officer, unasked, that he was carrying a firearm. In Milwaukee, jurors acquitted Officer Dominique Heaggan-Brown after watching frame by frame as he shot once at fleeing armed suspect, Sylville K. Smith, then fired a second time after Smith tossed the gun he was holding and lay on the ground. Now, in Cincinnati, jurors couldn’t agree on the proper culpability of Officer Tensing. He stopped  DuBose for a missing license plate, then asked him for his driver’s license. Instead of producing it, DuBose pulled the door closed with his left hand and restarted the car with his right hand. The officer reached into the car with his left arm, yelled “Stop!” twice, and used his right hand to fire his gun directly, into Mr. DuBose’s head, killing him.

What can we say about these scenarios, and many others? Continue reading →

From “The Ethics Incompleteness Principle” Files: Anomalies And The Boston Red Sox Uniform Number Retirement Standards

/ Jack Marshall / 11 Comments

The Ethics Incompleteness Principle argues that no rule works in all circumstances, so you have to be alert to when making exceptions is appropriate. The concept is illustrated by how the Boston Red Sox retire uniform numbers.

I will explain…

Major League Baseball teams retire the uniform numbers of players who they want to honor in perpetuity. The number is displayed somewhere in the ballpark, and no player on that team can ever wear it again.

Doing this requires standards, however, or else the honor becomes diluted and the retired numbers include those that seem increasingly strange and arbitrary as time goes by. The New York Yankees have retired so many uniform numbers that no single digit will ever again grace the back of a Yankee star. Moreover, several of the individuals who sanctified those numbers include players who never were and never will be called “great,” like Bernie Williams, who led the league in exactly one category, once, in his entire career, and whose Similarity Score index contains all very good but not great outfielders, the most similar being Paul O’Neil, a former Yankee star whose uniform is not retired. Another retired Yankee uniform number is that of Roger Maris, who only played for the Yankees for six years, many of them unremarkable. Having one’s uniform retired in the Bronx along with those of Babe, Lou, Mickey and Joe appears to mean “Somebody in charge really liked him.”

Well, at least that’s a standard that is easy to maintain.

The Boston Red Sox, in contrast, were not going to have a retired uniform glut. The franchise established an iron set of criteria for the honor, with three prongs:

1. The player must be an inarguable Red Sox great who played at least 10 years with the team.

2. The player must be an elected member of the Baseball Hall of Fame in Cooperstown.

3. The player must retire as a member of the Red Sox.

Today the Red Sox are retiring the number of David Ortiz, who retired himself at the end of last season. While he might well be voted into the Hall of Fame, he may not, for complex and controversial reasons. The Red Sox, who could reasonably argue that Ortiz has been the most popular and important player in the team’s history (though Ted Williams was the best) rightly concluded that to delegate to the  Hall of Fame voters the determination of whether Ortiz’s #34 would be retired with lesser Boston heroes made no sense. Thus his uniform number will momentarily obliterate that second prong, which had already been waived once. In that case, the beneficiary was Johnny Pesky, a classic anomaly and line-blurrer. Continue reading →

Sought: An Ethical Reason Why This Professor Should Not Be Fired Immediately, And Never Hired For A Teaching Position Again, Anywhere

/ Jack Marshall / 137 Comments

 

Meanwhile, for Trinity College, the countdown has started.

After Professor Johnny Eric Williams, associate professor of sociology at Trinity College in Hartford, approvingly posted a Medium article titled “Let Them Fucking Die” on Facebook, he went on to endorse the article’s thesis ( potential rescuers like those who helped Rep. Steve Scalise should let imperiled white people die as a form of combating white supremacy) in his own Facebook posts:

The Medium article concluded with this advice regarding one’s responsibilities as a citizen and a human being when a white person is in mortal peril… Continue reading →

Morning Ethics Warm-Up: 6/23/17

/ Jack Marshall / 37 Comments

1. When I am forced to be away from Ethics Alarms for a long time, as was the case yesterday, it often renews my musings about whether I respond too much to reader comments. Everyone generally does just fine when I’m silent, and sometimes I find that fascinating and unexpected new topics have not only sprung from whatever ethics fertilizer I left behind,  but have grown and flourished like bamboo.

Unfortunately, I have also noticed that there have been a lot ( as in “too many”) of extended arguments between commenters that not only extend beyond reasonable limits, but also explode into personal attacks. I admit that Ethics Alarms is, for a moderated blog, unusually tolerant of this phenomenon. One reason for that is that sometimes such epic confrontations are both entertaining and enlightening, as when liberal commenter and Ethics Alarms immortal tgt and uber-conservative commenter Steven J. Pilling engaged in the Ethics Alarms equivalent of the Lincoln Douglas debates, only occasionally snapping and calling each other names.

However, while the occasional emotional outbursts are excusable, they should be rare. Reprimanding a commenter for  commenting style and habits is certainly fair, but doing it repeatedly is boring; and I want to remind everyone that while it is often frustrating, allowing someone to have the last word is not capitulation, especially when that last word is not particularly persuasive.

We also owe ourselves and everyone else self-awareness. When a commenter finds himself or herself repeatedly embroiled in long, heated exchanges, that commenter should consider the possibility that he or she is the problem.

The general principle is that we should strive to have all comments contain substance that advances the discussion. “You’re an asshole” is occasionally justified (when a comment has objectively revealed a commenter to be an asshole, and even then is not mandatory), but rarely.

2. When President Trump issued his trolling tweet about James Comey and the possibility that there were “tapes” of their conversations, I wrote that it was the President’s dumbest tweet to date. (I think he has made worse ones since, but at this point any tweet by the President is evidence of crippling stubbornness, impulsiveness and bad judgment). I did not think that what was obviously a bluff without substance would still be considered a headline-worthy issue many weeks later. Continue reading →

Morning Ethics Warm-Up: 6/22/17

/ Jack Marshall / 59 Comments

1.  I’m trying to get this up while I prepare for a new legal ethics seminar, teaming once again with the brilliant D.C. actor Paul Morella who has toured the country in the Clarence Darrow one-man-show he and I collaborated on more than a decade ago, using Darrow’s career and courtroom oratory to analyze modern legal ethics.  Readers here have encountered a lot of those Darrow-related discussions already. For once, I’m grateful most lawyers don’t frequent this blog.

2. This now viral photo of the faces of CNN’s talking heads and analysts at the moment they realized that the Democrats had lost the Georgia Sixth District special House election that was hyped to be the beginning of a surge to the Left rejecting Donald Trump…

…and this one…

…are more than just gags. They are smoking gun evidence of the stunning lack of professionalism in journalism, and especially CNN. If there was any sensitivity or commitment to ethics on that set or in that production chain of command, every one of these arrogant hacks would have been told, “I want poker faces up there at all times. Objective and fair news reporting includes body language and facial expressions. Your attitudes warp your reporting. If anything about your demeanor betrays your personal preferences or political biases, you’re getting suspended. Got that? This isn’t a cheerleading squad.

3.  This warrants its own post, but today will be a squeeze, so I’ll focus on the astounding chutzpah of  that race’s loser here and now. Losing Georgia Six Democratic candidate Jon Ossoff was interviewed by NPR’s Rachel Martin, and this exchange resulted: Continue reading →

Illegal Immigrant Ethics Do’s And Don’ts

/ Jack Marshall / 88 Comments

DON’T do this:

A customer’s cell phone video caught  a  7-Eleven clerk on Tampa, Florida screaming at a customer and asking about his immigration status after the customer used the Spanish word for ‘green’ to ask the clerk for a specific brand of cigarettes. The clerk demanded Hernandez speak English, and is is heard saying, “Are you here legally? Do you have papers? Do you have papers?”

This isn’t the clerk’s job, and if the company has not directed that all customers should not be treated with dignity, courtesy and respect, no employee should be going free-lance ICE on anyone.

A spokesman for the 7-11 owner  wrote, “Every customer is important. The statements made by the sales associate were inappropriate and offensive. We are investigating the matter and will ensure it is handled appropriately.”

“Appropriately” means firing the clerk. In addition to acting ultra vires, the clerk is also making the store unpleasant and unwelcoming for other customers, risking an escalating confrontation, and being a jerk while representing the enterprise. Wrong, wrong, and wrong.

However…

Continue reading →

Comment Of The Day: “Comment Of The Day: ‘Ethics Quote Of The Week: Ken White of Popehat’”

/ Jack Marshall / 10 Comments

This is the second Comment of the Day within a week from Ethics Alarms prodigal son Curmie, a college prof, who makes the case that college education is being excessively maligned. You should probably re-read the post he’s responding , another Comment of the Day, to appreciate his argument.

Here is Curmie’s Comment of the Day on the post, Comment Of The Day: “Ethics Quote Of The Week: Ken White of Popehat”:

This is a cogent analysis up to a point, but I must say I’m more than a little sick and tired of having people tell me what goes on in my classroom. I teach at a non-flagship state university. And the description of what happens in college classrooms simply does not match my experience of them.

(Side note to Ryan: I really do like a lot of what you’ve said here. I apologize if the succeeding sounds like a personal attack. It is not intended in that spirit. Just one too many sweeping generalizations about my profession, and the last straw happened to be yours.)

Ryan cites Thomas Aquinas. I prefer the great late-20th century philosophers known as Monty Python: “I’m not dead yet.”

I do expect students to know some objective facts: if you can’t tell me the basic tenets of neoclassical theory or who David Garrick was, you’re not going to fare well in my theatre history class. If Ryan wants to say that in this sense I insist on regurgitation, he has my permission to do so.

But to get an A on the research paper, you’d better be able to interpolate from incomplete data, and to articulate a point of view based on the facts as they are available to us. That means finding out what the facts are, but also finding context: okay, so it cost a penny to see a play at the Globe Theatre. But that’s a meaningless statistic if you don’t know what that Elizabethan spectator could have bought for a penny if he didn’t spend it on standing room in an outdoor theatre. Continue reading →

Ethics Quiz: The Ferguson Settlement

/ Jack Marshall / 31 Comments

News Item:

The parents of black teenager Michael Brown and the city of Ferguson, Missouri, have settled a lawsuit over his fatal shooting by a white city police officer in 2014, according to a court document filed on Monday. …Terms of the wrongful death settlement between Ferguson and Brown’s parents, Michael Brown Sr. and Lesley McSpadden, were not disclosed. U.S. District Judge E. Richard Webber approved the settlement and ordered it sealed.

“The gross settlement amount is fair and reasonable compensation for this wrongful death claim and is in the best interests of each plaintiff,” Webber wrote. Both James Knowles, the mayor of the blue-collar, largely black St. Louis suburb, and Anthony Gray, the lead attorney for Brown’s parents, declined to comment.

Wait, what?

A thorough investigation found Officer Wilson guilty of no crime, nor did the shooting appear to be the result of officer malfeasance or negligence. Brown’s parents, Michael Brown Sr. and Lesley McSpadden, meanwhile, took extraordinary measures to stir up racial hatred and anti-police sentiment, not just locally but nationally, sparking deadly riots in Ferguson and elsewhere, and leading to attacks on police. They even made a human rights complaint to the United Nations, based substantially on a lie (“Hands up! Don’t shoot!”) concocted by their son’s friend and credulously reported as fact by the news media. By what theory are Brown’s parents deserving of damages from Ferguson? By agreeing to this settlement, is not Ferguson setting the precedent that any time a black suspect is shot by a white police officer, it is a wrongful death mandating damages?

Your Ethics Alarms Ethics Quiz of the Day:

Was this settlement, whatever the amount, ethical?

I’ll launch the debate by saying that the city probably had no choice but to settle, as the sooner this whole catastrophe can get in the rear view mirror the better off the city will be. In the narrow sense, then, the settlement was in the city’s best interest and the responsible course.

Long term, however, I see nothing but bad results flowing from this result. If Wilson was not wrong, then Brown was at fault. If Brown was at fault, his family should not benefit. If Ferguson paid out a significant amount when its police officer behaved reasonably, then Ferguson just set a precedent that Black Lives Matter could have authored in its dreams.

If a black victim is shot by the police, it is  racism and a wrongful death per se, whatever the facts are.

Morning Ethics Warm-Up: 6/21/17

/ Jack Marshall / 149 Comments

1. No, there is nothing “ironic” about Rep. Steve Scalise being shot. I finally lost my restraint and pointed out to a gaggle of left-wing Facebook friends that their writing that Scalise’s shooting was “ironic” because he opposes gun control, or because one of his rescuers was gay (because he opposes gay marriage) was as much a of a hateful comment as saying that it was “karma” (another popular sentiment from progressive friends) or that he “reaped what he sowed” (yet another). They protested loudly and angrily that this was an unfair rebuke on my part, that they were not cheering the crime, just observing that the shooting was “ironic” which, they insisted, it was.

Disingenuous and evasive.

The seriousness,  criminal, hateful and absolutely inexcusable nature of Scalise’s shooting had absolutely nothing to do with his political beliefs unless you agree with the shooter, who used those beliefs as his motive. Karma, “reaped what he sowed” and irony (which implies an amusing or humorous nature) all signal and are intended to signal the same sentiment in the Facebook echo chamber—“It’s a shame that he got shot, but in a way he asked for it.” Oh, how those who sought to signal their virtue and their dislike of Scalise just hated to be called on the ugly impulses behind their words, and how they wriggled and spun to deny it.

What made the shooting ironic? Why, Scalise opposes gay marriage, I was informed. That’s neither a logical nor a justified answer. Although gays find it satisfying and expedient to automatically attach the label of  homophobia to those who haven’t yet adapted to one of the fastest cultural paradigm shifts in U.S. history, there is no evidence that Rep. Scalise believes that LGBT individuals cannot or should not be medical or law enforcement professionals. Scalise’s position on gay marriage is irrelevant to his shooting, unless that position—the same position Barack Obama and Hillary Clinton held for a very long time—makes you think his shooting and the subsequent assistance of gay citizens is somehow deserved and funny. Similarly, the fact that Scalise was shot does not undermine the justification for his support of the Second Amendment, except in the closed minds of Second Amendment opponents. Nor does that make his shooting “ironic,” except to those whose gut reaction was “He was shot? Serves him right. Let’s see how he likes it.”

So many progressives have become so instinctively hateful and bitterly partisan that they are incapable of realizing it.

2. Are there any ethics takeaways from last night’s Republican victory in Georgia’s 6th District? Pundit Charles Glasser wrote that “Ossoff raised $23.6 million to make a symbolic run against President Trump, most of it from Marin County, California and Martha’s Vineyard in Massachusetts. Running the numbers, Democrats might have been better off considering that same amount would have bought 855,072 school lunches (at $2.76 each); 236,000 elementary school textbooks (at $100 each) or even 956 Priuses (at $24,685 each). Max Weber said that the purpose of a bureaucracy is to maintain or expand its own power. Who cares about children, education or the environment when there’s power to be grabbed?”

As a rule I object to the “spending money on A is unethical because you could have spent it on B” line of reasoning, since it can be applied to almost any purchase. Nonetheless, that’s a lot of money to be used by outsiders to influence a local election, particularly when the donors also decry the effect of money in politics. And as with Hillary Clinton’s defeat, this result suggest that money isn’t nearly as decisive as those who want to constrain political speech think it is. Continue reading →