Legal Advertising Ethics: The Public’s Not THAT Gullible, 2nd Circuit Rules

The fact that lawyers are prohibited by their professional ethics standards from engaging in conduct that is misleading or dishonest has caused many state bars to hold the profession to restrictions on advertising that would ban most of the TV commercials we see every day for any other product or service. For example, lawyers cannot engage in self-praising hyperbole and say, for instance, that the Firm of Slash and Burn is “the best real estate law firm in Miami,” because the statement is not objectively true or cannot be proven to be accurate.

While many states have gradually surrendered in the battle to keep lawyer advertising unusually forthright and dignified (you can see what monstrosities this has wrought here) New York actually toughened its lawyer advertising rules a few years ago, decreeing.. Continue reading

Why Professional Reviewers Are Unethical, and Why We’ll Be Better Off Without Them

When Variety recently announced that it was firing its in-house film and drama critics, there was much tut-tutting and garment-rending over the impending demise of professional reviewing in magazines, newspapers and TV stations. The villain, the renders cry, lies, as in The Case of the Slowly Dying Newspapers, with the web, which allows any pajama-clad viewer of bootleg videos to write film reviews, and any blogger who cares about theater to write a review of a play. “I think it’s unfortunate that qualified reviewers are being replaced,” said one movie industry pundit, “but that’s what’s happening.”

I say, “Good. It’s about time.” (And also: QUALIFIED?”) If there has ever been an excessively influential non-professional profession that caused as much damage as reviewing, I’m not sure I want to know about it. The end of full-time film and drama critics as we know them can only prove to be a boon for artists and audiences alike. Continue reading

Nomar, Beantown, and the Legacy Obligation

Organizations have histories, and that means they have debts to pay. Time moves on, and personnel changes, but the organization that neglects the human beings who played major roles in defining their image, goals, achievements and success has breached its integrity, and violated its Legacy Obligation.

For nearly eight seasons, shortstop Nomar Garciaparra was the face, heart, and soul of the Boston Red Sox. A spidery gymnast in the field who completed the Holy Trinity of Hall of Fame-bound shortstops—Jeter, A-Rod and “Nomah” —who lit up the American League in the mid-Nineties, Garciaparra was a home-grown fan idol. He did everything wonderfully and with panache; Ted Williams, the city’s reigning baseball god, pronounced him his official successor.

Then, suddenly, it all unraveled. Continue reading

Hollywood Ethics: Variety’s Conflict of Interest Problem

That show biz media “bible”, Variety, finally seems to have reached the point where it can no longer pretend that its inherent conflicts of interest don’t exist. The magazine is simultaneously in the business of promoting movies, TV and stage shows, accepting expensive ads from producers, and depending on inside access for its reporting,  yet it purports to offer objective critical reviews of the output of the very people and companies whose patronage it depends upon to exist. It’s an impossible balancing act, and truth be told, Variety reviews have never had much credibility in Hollywood or anywhere else. But whatever pretense of integrity the publication had came crashing down with a lawsuit by Calibra Pictures, a small independent film company that had signed a $400,000 contract with Variety in which the publication promised to help Calibra’s new release, “Iron Cross,” ( featuring the final performance of the late, great, Roy “We’re gonna need a bigger boat!” Scheider, who died in 2008) find both a distributor and critical acclaim. [ Ethics Violations #1 and #2Dishonesty and Breach of Integrity: Don’t promise what you can’t deliver, and don’t sell your independence and objectivity] Continue reading

Pit Bulls and Bigotry

Writer Charles Leerhsen has experienced a conversion. After witnessing his best friend being viciously attacked and nearly killed on a city street without provocation, he has embraced bigotry with both hands. Now he writes screeds condemning not the attacker, but all individuals of the attacker’s race. In a passionate and angry essay for The Daily Beast, he denigrates not only those individuals but also anyone who defends them, such as “certain PC urban professionals who long to tell the world that they are super-sensitive and understanding souls.”

It’s an ugly essay, emotional, doctrinaire, and illogical, employing the well-worn racist technique of generalizing from the individual to the group and back again. Why would any respectable media outlet print such bile?

Perhaps it is because Leerhsen’s best friend was Frankie, a Wheaton terrier, and Frankie’s attacker was a pit bull. Continue reading

“Raving Private Gump”: Tom Hanks Lets Political Correctness Eat His Brains, and Gets Called On It

I am a big fan of Tom Hanks’ work as an a comic, a dramatic actor, a producer, and in drag, but he has been reliably attached to what may end up being the most infuriating quote of the year. If not the most infuriating, then at least the most ignorant and irresponsible.  In an interview with historian Douglas Brinkley in a Time magazine feature about his upcoming HBO series on World War II in the Pacific, Hanks said this:

“Back in World War II, we viewed the Japanese as ‘yellow, slant-eyed dogs’ that believed in different gods. They were out to kill us because our way of living was different. We, in turn, wanted to annihilate them because they were different. Does that sound familiar, by any chance, to what’s going on today?”

If you are not now running in circles, wide-eyed and screaming, you should be. Continue reading

Gawker Asks: “Why Were the Democrats So Ethical?”

One could hardly find a more illuminating window into the unethical political and media culture festering in this country than to read today’s “scoop” on (yecch!) Gawker, the celebrity-stalking, rumor-mongering website that makes TMZ look like The Economist.  Its breathless lead:

“Did you know that Scott Brown—the new star Republican Senator—was accused of harassing a female campaign worker in 1998? We have the documents to prove it. Did the Democrats blow an opportunity to keep their 60th Senate seat?Continue reading

More Humor Ethics: the “Offensive Joke”

Ethicist Jeffrey Seglin answers ten everyday ethics questions over at the Real Simple website, and pretty much knocks them out of the park…except this one:

“If someone tells an offensive joke, is it my responsibility to speak up about it?” Continue reading

Fracking Ethics

The Eric Massa affair quickly revealed itself as the spectacle of a foolish, narcissistic, dishonest man trying to milk every drop of attention out of the well-deserved implosion of a political career that never should have begun in the first place. Fortunately, there was a side benefit: its reporting by the media exposed the dishonesty of the practice of fake civility. Genuine civility is one of the foundations of ethical conduct, though admittedly a shaky one right now. Fake civility, however, is cynical, dishonest, disrespectful and, on top of all that, silly and ineffective.

One of the inappropriate supervisory moments that punched Massa’s ticket out of Congress was that he told a male staffer, in the presence of others, that “I should be fucking you.” Someone at the Mainstream Media High command issued a memo that the gentile and classy way of reporting this statement was “I should be fracking you.” Not that there was any pretense about what the word signified. On the Headline News morning show with giggly news-bimbo Robin Meade (an in-your-face insult to every serious female broadcast journalist in America), Meade listened to the “fracking” account and said—every one of the times the story was repeated during the program— some version of “Gee, I never heard that word before (giggle)!” Whereupon the newsreader replied with some form of “I know (snicker) neither have I!” They were far from the only ones. Dana Milbank used the same code in his account of Massa’s messes in the Washington Post.  “Fracking” is the euphemism of the week. Continue reading

Public Privacy and the Ubiquitous Camera

Everybody has a camera…well, almost everybody. Thanks to cell phones, we can be recorded in still or video formats almost every second of the day. We are our own Big Brother.  So much so, in fact, that it is hard to muster too much fright and indignation over increasing use of public cameras by the government. Boston police, for example, now have immediate access to street video of shootings, robberies, and homicides on many city streets, and use real time images to send information about the suspects and crimes to responding officers. Continue reading