It should be obvious by now that the furious indignation leveled at Rush Limbaugh for his denigrating rhetoric against activist Sandra Fluke has been expropriated by those who want to limit free speech to their own standards of what constitutes acceptable discourse….and opinion. This has made itself evident both by the strained efforts of eager Limbaugh boycotters to distinguish his use of misogynistic words and the same or worse language used by friendly boors and misogynists against conservative targets. There is a distinction: Rush was engaging in illogical below-the-belt bullying of a barely-public figure for the offense of disagreeing with him, while Bill Maher, for example, was just showing his contempt and disrespect for women generally, which is what anyone who uses the terms “twat” and “cunt,” as he did, is doing. The argument that this ethical divide is so great that it justifies boycotts on one side and complete apathy—or even appreciation!—on the other is unsustainable, which is why Limbaugh’s statement that the organized campaign to take him off the air is not based on the Fluke affair at all. “They’re not even really offended by what happened,” he said. “This is just an opportunity to execute a plan they’ve had in their drawer since 2009.” Continue reading
Arts & Entertainment
Ethics Hero: NFL Commissioner Roger Goodell
Today the National Football League announced the following response to the results of its investigation of bounties being offered and paid by the New Orleans Saints to its players for injuring key opposition players in games. From the NFL press release:
“Commissioner Roger Goodell notified the New Orleans Saints today of the discipline that will be imposed on team management for violations of the NFL’s long-standing “bounty” rule that endangered player safety over a three-year period.
“Discipline for individual players involved in the Saints’ prohibited program continues to be under review with the NFL Players Association and will be addressed by Commissioner Goodell at a later date. The program included “bounty” payments for “knock-outs” and “cart-offs,” plays on which an opposing player was forced to leave the game. At times, the bounties even targeted specific players by name.
“The NFL’s extensive investigation established the existence of an active bounty program on the Saints during the 2009, 2010, and 2011 seasons in violation of league rules, a deliberate effort to conceal the program’s existence from league investigators, and a clear determination to maintain the program despite express direction from Saints ownership that it stop as well as ongoing inquiries from the league office.
“We are all accountable and responsible for player health and safety and the integrity of the game,” Commissioner Goodell said. “We will not tolerate conduct or a culture that undermines those priorities. No one is above the game or the rules that govern it. Respect for the game and the people who participate in it will not be compromised.”
“A combination of elements made this matter particularly unusual and egregious,” Commissioner Goodell continued. “When there is targeting of players for injury and cash rewards over a three-year period, the involvement of the coaching staff, and three years of denials and willful disrespect of the rules, a strong and lasting message must be sent that such conduct is totally unacceptable and has no place in the game.”
…Based on the record, Commissioner Goodell has imposed the following discipline on Saints management: Continue reading
Unethical Quote of the Month: Mike Daisey
“Well, I don’t know that I would say in a theatrical context that it isn’t true. I believe that when I perform it in a theatrical context in the theater that when people hear the story in those terms that we have different languages for what the truth means.”
—Actor, writer, activist Mike Daisey, in an interview with NPR’s Ira Glass, exploring how Daisey was able to justify fabricating facts and accounts for the earlier aired—and just retracted—“American Life” installment called “Mr. Daisy Goes To The Apple Factory.” NPR checked the particulars of Daisey’s first hand account of the human rights and labor violations he claimed to witness at Apple’s factory in China, and found that the writer had embellished, exaggerated, and misrepresented much of what he reported. What NPR had broadcast as journalistic reporting was an excerpt from Daisey’s acclaimed touring one-man stage show, “The Agony and Ecstasy of Steve Jobs.”
Daisey’s quote, which is both illuminating and chilling, argues that using made-up stories and personal accounts in a theatrical context qualifies as truth, even if the same misrepresentations in a journalistic context are inappropriately false. The problem with his argument, and the flawed ethical theory behind it, is that both the NPR audience and his theater audience believe that Daisey is telling the truth. Daisey’s solution to the problem is simple: his one-man show does tell the truth…it just uses lies to do it. Continue reading
Comment of the Day: Anti-Bullying Mis-steps: The Perils of Changing Cultural Norms (Part 2)
From Penn, excellent and valuable insight on “The Hunger Games” controversy, going into relevant issues and facts that my post did not. Here is his Comment of the Day on the post, Anti-Bullying Mis-steps: The Perils of Changing Cultural Norms (Part 2):
“The purpose of this argument scares the hell out of me. As one press-screener’s review had it, and as the trailers make clear, “The Hunger Games” tells the story of a televised fight to the death between(sic) a group of youngsters in which only one can survive.” If I believed there were any merit to the MPAA system, yes, R is what it should be. [“This Film is Not Yet Rated” is the movie to see on this subject.] Continue reading
Anti-Bullying Mis-steps: The Perils of Changing Cultural Norms (Part 2)

If "Hunger Games" should be able to bypass the ratings because kids can learn from it, then why shouldn't a film like "A Clockwork Orange," a better film, should also get a pass?
When society decides makes altering attitudes about any conduct a priority,an immediate danger is that it will destroy other societal safe-guards and damage other valid cultural norms in its tunnel-vision.
“Hunger Games,” a film about the consequences of bullying based on a best-selling novel, is about to hit theaters with an R rating, meaning that teens, the prime target of the nation’s anti-bullying effort, can’t see the film without their parents’ permission. Katy Butler, a young bullying victim, has led a national effort to get the film’s ratings reversed. Predictably, politicians have jumped on the bandwagon.
“Over 13 million American youths will be bullied over the course of this year alone, making it the most common form of violence experienced by young people in our nation,” begins a letter from Rep. Mike Honda (D.- Calif.) to his colleagues, in support of Butler’s campaign. “We cannot hope to control this epidemic … without discussing tough issues publicly and bringing them to the forefront of the consciousness of the American public.”
“YES! RIGHT ON! OF COURSE!” Except that what Butler and Honda are proposing essentially undermines the entire purpose of movie ratings, and if their efforts succeed, there is no way anyone will be able to argue that the system has a shred of integrity at all. Continue reading
Comment of the Day: Time To Retire Editorial Cartoons—With Gratitude
Cartoonist and frequent combatant on Ethics Alarms Barry Deutsch did not disappoint—I was counting on a strong reply from him—in commenting on my post about political cartoonists. And I think he has me convinced. I think what I should have suggested, rather than advocating sending newspaper political cartoonists to the trash bin of history (soon to be followed by newspapers themselves), is that editors exercise some discretion over when an editorial cartoon, even by a respected cartoonist, just doesn’t meet editorial standards.
Here is Barry’s persuasive and educational Comment of the Day on the post Time To Retire Editorial Cartoons—With Gratitude:
“Oh, how could I possibly resist this thread?
“1) At his best, Tom Toles is a wonderful cartoonist, elegant and with an incredibly distinctive style. But he hasn’t been at his best for years. The particular cartoon you’re talking about — which can be seen here, if anyone’s curious — is an embarrassment.
“The problem with that Toles cartoon isn’t that it takes a side, or that it paints with a broad brush; many good cartoons do both those things. The problem is, it’s painfully stupid.
“2) There are good political cartoonists doing interesting work, but they’re mostly not found in mainstream newspapers.
“3) Even the best political cartoonists tend to produce more mediocre than great cartoons.
“4) It’s a very, very rare reader who can recognize the artistic merit of a political cartoon that they strongly disagree with politically.
“5) The economic base has fallen out from under political cartooning; every year, fewer and fewer newspapers support a staff cartoonist, and those that remain are seeing their incomes and outlets shrinking. And no one’s yet found a business model for political cartooning to thrive on the web.
“As a result, the most talented new cartoonists usually aren’t going into political cartooning, because they want to be able to eat and pay rent.
“6) Some of the most interesting political cartoonists have gone so far away from traditional political cartooning that no one even recognizes what they’re doing as political cartooning. See, for instance, Joe Sacco, who does journalism in comics form; his second book on Palestine, “Footnotes In Gaza,” is one of the best books about life in Gaza anyone’s done, in prose or comics.
Time To Retire Editorial Cartoons, With Gratitude

The nuanced subtlety of Pulitzer Prize winning Herb Block. Translation: "Nixon's a crook." Brilliant!!!
All right, hear me out. I love cartoons. I used to aspire to being a cartoonist. I have good friends who are cartoonists, and I know there are cartoonists who are strong contributors to Ethics Alarms. But for many years it has appeared to me that editorial cartoons have become an increasingly archaic form of commentary, one that misinforms the public and contributes to the venom and lack of nuance in public discourse.
Cartoons, by their very nature, deal in caricature, exaggeration and extremes for metaphorical and humorous effect. The practical effect of this, however, is that the opinions expressed through cartoons are also “supported” in a manner that would be outrageous in a written opinion piece. I know: you can’t hold a cartoon to the same standard as an op-ed. Fine—then don’t put it on the editorial pages. Continue reading
“Luck,” Causation, and the Complex Computation of Mixed Motivations
HBO has announced that it is cancelling “Luck,” its well-reviewed series about corruption in the sport of professional horse-racing. Why? Well, that’s an interesting question.
The immediate impetus for the decision was the death of a one of the horses used in the series. It was the third horse to die, so the announcement took the form of a sensitive and humane decision based on concerns for the animals. “While we maintained the highest safety standards possible, accidents unfortunately happen and it is impossible to guarantee they won’t in the future,” HBO’s statement said. “Accordingly, we have reached this difficult decision.”
I was initially impressed, but a couple of things about the move, which seemed uncharacteristically ethical by show business standards, bothered me. “Luck” was much-praised but low-rated, despite a cast headed by Dustin Hoffman and Nick Nolte and a production team headed by respected film director Michael Mann. Though it had been renewed for a second season, some felt that the renewal was dictated by a corporate decision not to embarrass its Hollywood royalty. Continue reading
The Process Can Be Ugly, And Sure Was This Time, But This Is How Cultural Ethics Standards Change
The Rush Limbaugh-Sandra Fluke Ethics Train Wreck is over at last, but unlike with many such debacles, something positive occurred. I believe that an emphatic cultural standard was established that calling a woman—any woman, famous or not, liberal or conservative—a derogatory term designed purely to denigrate her by denigrating her gender will not be considered acceptable in political, quasi-political or arguably-political commentary henceforward. If such rhetoric occurs in a comic or entertainment context, no politician or elected official can appear to endorse the individual who utters the offensive words.
I’m not arguing right now whether this is a good or a bad development, but merely that it happened, and that it is a real change. For this to happen, a conservative radio talk show host had to use the terms “slut’ and “prostitute” to make the botched satirical point that a feminist law student activist who argued that free contraceptives were a woman’s right was the equivalent of women who wanted to be “paid for sex.” If pundits and bloggers had merely declared this statement uncivil and cruel, nothing more would have happened, and the incident would have been quickly forgotten. But sensing political points to be scored in an election year, and with the added incentive of being handed what was seen as powerful ammunition to attempt a frontal attack against a detested partisan critic, Democrats, progressives, feminists, activists, Obama strategists and left-biased journalists decided to cast the Limbaugh’s poor judgment in extreme terms. Continue reading
“The Good Wife” Ethics Addendum: Why Misrepresenting the Legal Profession’s Standards Does Real Harm

Sure, it was a comedy, but how many people believe that Jim Carrey's compulsively lying lawyer was not that far from the truth?
A comment from reader Penn on my post about “The Good Wife’s” recent misrepresentation of legal ethics standards got me thinking, and what it got me thinking was that I was too easy on the show.
Penn asked why I waste my time watching programs that raise my blood pressure, and there are two answers. The first is what I wrote back: it’s not a bad show; in the past it has been a very good one, even from the legal ethics perspective. I have used several scenarios from episodes in seminars.
The second answer, which I didn’t mention in my response to Penn, is the more important one, however. Good show or not, millions of Americans get their information about the legal profession from the portrayal of lawyers and law on TV and in movies. From these fictional sources, they think they know that most lawyers are liars, that they allow their clients to lie, that they put witnesses on the stand who they know will lie under oath. The public thinks that lawyers abuse the law, don’t earn their fees, don’t give a damn about their clients (unless they are sleeping with them), switch sides routinely and confuse juries to release serial killers on more victims. Continue reading




