Business & Commercial

Should ESPN Air The NFL National Anthem Protests?

/ Jack Marshall / 24 Comments

ESPN will not show the national anthem during “Monday Night Football” broadcasts this year, Jimmy Pitaro, ESPN president, revealed. Asked by a reporter if he spoke to the NFL about the rule changes and the national anthem and if he would consider “turning the cameras on an athlete that’s kneeling for the anthem,” Pitaro replied, “We generally have not broadcasted the anthem and I don’t think there’s going to be any change this year. Our plan going into this year is to not broadcast the anthem.”

No, this isn’t an ethics quiz, It’s not because I know the answer. ESPN should be airing the anthem and the likely protests they will include, because of the likely protests they will include. That may surprise you, since Ethics Alarms has been unequivocal in its position that the players are paid to play on Sundays, not exploit games for half-baked and incoherent political statements, that they should be made to observe that distinction, and properly criticized and penalized when they do not. That, however, is a different ethics issue than whether a sports news organization that covers a football game is obligated to also cover news-worthy occurrences that happen during that game. It is. Pitaro’s policy is wrong.

He also pointed out that ESPN usually doesn’t broadcast the anthem. Neither do major league baseball broadcasts unless something or someone special is involved, for the same reason: they sell advertising time instead. Why should the TV audience be able to participate in a brief ritual to honor their nation (which was never that great, as Governor Cuomo reminded us) when there is  money to be made? I miss the anthem—my dad sometimes sang it, horribly off-key because he was tone deaf, right in our living room, drowning out Whitney Houston or the Marine Band as he did—but since it’s always the same music, the decision is defensible although I disagree with it. Continue reading →

Morning Ethics Warm-Up, 8/17/18: Dead Singers, Honorable Magicians, Untrustworthy Ex-Employees, Volunteer Pitchers, And Little Horses

/ Jack Marshall / 71 Comments

Goooood Morning, Pennsylvania!

(That’s where I going for the next four days, on a rural Pennsylvania ethics CLE speaking tour!)

1. Aretha Franklin Ethics If I can say right now without question that I will never voluntarily listen to an Aretha Franklin record, does that make me a racist? Her death triggers the “recognition but not admiration” impulse I reserve for artists whose skill and importance to the culture I acknowledge and honor, but whose art I never enjoyed and won’t miss. ( Ella Fitzgerald, Peggy Lee, Barbra Streisand and Joni Mitchell are in the same category for me, restricting the list to pop female singers.) However…

  • It certainly is incompetent for Fox News to mix up Aretha and Patti Labelle, walking right into the “all black folks look the same to them” canard.
  • Since the news media/resistance collective has decreed that anything the President does of says is proof of a depraved soul, we had this yesterday: a White House press pool member for Buzzfeed told another reporter—she didn’t even tweet it!— that the President’s reaction to Franklin’s death was that he”Described her as a person he knew well and who worked for him.” This became more proof that President Trump is a racist: his immediate reaction to the death of a black woman was to think of her as a subordinate.

Will the sane and fair members of the public, which I assume is, if not a majority, a large group, ever turn on such people? A. The statement was hearsay, and not even a quote. B. Franklin did work for him, signing a contract to sing at at a Trump casino. C. What does “knew well” even mean in this context? He didn’t say that he knew her personally, or that they were pals, though who knows? I know her well too: she’s that famous soul singer I couldn’t stand listening to.

2. A spontaneous outburst of integrity...from the unlikely source of professional magician/loudmouth Penn Jillette. Jillette is an asshole, an assessment that I doubt he would dispute himself, but when the vocally-progressive entertainer (aren’t they all?) was asked in a recent Vulture interview to weigh in on Omarosa’s claims about the kind of language Donald Trump used behind closed doors, he responded,

“If Donald Trump had not become president, I would tell you all the stories. But the stakes are now high and I am an unreliable narrator. What I do, as much as anything, is I’m a storyteller. And storytellers are liars. So I can emotionally tell you things that happened racially, sexually, and that showed stupidity and lack of compassion when I was in the room with Donald Trump and I guarantee you that I will get details wrong. I would not feel comfortable talking about what I felt I saw in that room….

I will tell you things, but I will very conscientiously not give you quotations because I believe that would be morally wrong. I’m not trying to protect myself. This really is a moral thing.”

Good for Penn. He’s also a very creative and entertaining magician, as is his mute sidekick, Teller. Continue reading →

Ethics Observations On The Rep. Chris Collins Insider Trading Indictment

/ Jack Marshall / 3 Comments

Three-term GOP congressman Chris Collins was indicted for insider trading after prosecutors determined that after Innate Immunotherapeutics  alerted him to the failure of company’s clinical drug trials for a promising multiple sclerosis drug, Collins tipped off his son, allowing him and others to  save hundreds of thousands of dollars by selling their stock in the firm before the news was made public. Now Collins faces prison time if convicted.

 Collins was a member of the company’s board until May of this year, and at one point was its largest shareholder.

Speaker of the House Paul Ryan has stripped Collins of his seat on the Energy and Commerce Committee and asked the House Ethics Committee to investigate the allegations of insider trading. Collins has ended his re-election bid, but maintains that he is innocent. Such statements are like the puzzle about the White Foot and Black Foot tribes that look and sound identical but have one difference: the White Feet always lie, and the Black Feet always tell the truth. If you ask a member of either tribe, “Are you a truthful Black Foot or a lying White Foot?”, you will always get the same answer no matter what tribe the individual belongs to: “I am a truthful Black Foot!” And whether an indicted Congressman is guilty or innocent, he will always say, as Collins did, that the charges are “meritless” and that he will fight them to have his “good name cleared of any wrongdoing.”

Until the plea deal.

Collins’s involvement with Innate dates back all the way to 2005, before he ran for Congress. He organized support from wealthy friends and neighbors,  many of whom would later become his political donors,  to help bail out the company, which was flailing at the time. In addition to Innate Immunotherapeutics,  Collins has held leadership roles in other biotech companies.  Until his indictment, he was chairman of the board of directors of ZeptoMetrix, a private lab company based in Buffalo that he co-founded. That one has received millions of dollars in federal contracts, according to government records.

Collins reported owning between $25 million and $50 million in shares of  ZeptoMetrix. In June, he sold about a million dollars of stock in Chembio Diagnostics, a medical tests and equipment manufacturer, according to his ethics disclosure forms.

The congressional ethics office found last summer that  Collins may have violated ethics rules by asking the National Institutes of Health for help with the design of Innate’s now-failed clinical trial.

Observations: Continue reading →

Sunday Ethics Reflections, 8/12/2018: Division And Divisiveness

/ Jack Marshall / 93 Comments

What time is it? I’ve lost track…

1. Keep being intentionally divisive, and eventually you’ll get division…I trace the irresponsible efforts to divide the nation and unravel the bonds of society to the 2000 election, and the false partisan claims that Bush’s was a “stolen Presidency.” Divisive rhetoric became an 8-year strategy of the Obama Administration, with blacks, Hispanics, illegal immigrants, Muslims, LGTB citizens and women being accorded special status as victims and groups in need of special consideration, while whites, men, straight citizens, wealthy citizens, Christians, and, naturally, conservatives and Republicans were consistently demonized and marginalized.  Critics of the first black President were racists, critics of illegal immigration were xenophobes, critics of Hillary Clinton were sexist, and opponents of gay marriage were bigots. The resentment over this long-term and cynical strategy bore misshapen fruit in the election of Donald Trump, and now, says a Zogby Analytics survey, 39 percent of the country support states breaking away from the national government and country, with 42% of Democrats, who have continued to escalate the divisiveness by refusing to accept the election of President Trump as  legitimate, leading the way.

This was where we were headed in 2000, and those who have been reading the Ethics Scoreboard and Ethics Alarms since then know I said so as forcibly as I knew how. Now we are at a point where one party’s leaders are calling for members of the opposing party’s administration to be harassed in public, an attitude that would have been unimaginable just a few years ago.

In the latest example , Attorney General Jeff Sessions visited Houston last week and dines at two Mexican restaurants. The general manager of one of them posted on Facebook,  “We had the honor to serve Mr. Jeff Sessions, Attorney General of the United States. Thank you for allowing us to serve you.” The post attracted such an angry reaction that it had to be taken down. [Pointer: Neil Dorr]

2.  Of course! Why else would anyone not love Nancy Pelosi? The news media and its various pundits is deeply complicit in the unraveling of the bonds holding American together, as exemplified by the Washington Post’s jaw-dropping column claiming that Republican opposition to Democratic House leader Pelosi is entirely based on misogyny and sexism—you know, the same reasons I didn’t vote for Hillary Clinton. Paul Waldman wrote,

“Can we stop treating this lie seriously once and for all? We all know what’s really going on. The Republican attack on Pelosi is about conservative identity politics, full stop. It’s partly the same kind of ugly misogyny that has driven conservatives for years, and that comes out whenever the prospect of a woman wielding genuine power rears its head. Women who display ambition are judged harshly, particularly by conservatives; it’s no accident that Bernie Sanders, whose policy ideas are much more opposed to conservatism than Pelosi’s, inspires nothing like the venomous loathing on the right that Pelosi and Hillary Clinton do.”

Oddly, I have found many reasons despite her gender to regard Nancy Pelosi as an unethical menace, and I haven’t come close to covering all of them. Continue reading →

Saturday Ethics Warm-Up: Algorithms, The Beatles, Baseball, Football, And Omarosa

/ Jack Marshall / 3 Comments

Good morning.

1.  More Scorpion-Frog Ethics. I refuse to do a full post on Omarosa, the latest slimy opportunist the mainstream media is suddenly treating as a trsutworthy source because she claims to have dirt to spill on President Trump. To ist credit, NPR is at least flagging her sliminess, in a post titled “Omarosa Tells NPR She Heard Trump ‘N-Word Tape,’ Contradicting Her Own Tell-All Book.”

As I wrote regarding Manigault Newman previously (and the same applies to Michael Cohen), one can be nauseated by the disloyalty, dishonesty and venality of such scum and still have little sympathy for their victim, Trump, who was a fool to trust such obviously untrustworthy individuals, give them influences, notoriety and power they are unfit to have, and still claim to be hiring and appointing “the best people.”

The same sentiment applies to the biased, obsessed and incompetent news media. If journalists keep presenting present the likes of Omarosa, Cohen, Stormy Daniels, Michael Wolff, and, yes, James Comey, as credible first-hand Trump accusers, how can they expect the public to take any legitimate future accusers seriously, should any appear? Their predecessors will have all been obvious publicity-seekers, shake-down artists, motivated by personal agendas or greed, and obviously so. The news media, meanwhile, undermines its own credibility—what little remains–by so eagerly treating these tarnished sources as if they were not what they so obviously are.

2. They’re baaaack!. The NFL’s pre-season games are underway, and what do you know? The players are kneeling again, protesting during the National Anthem in what they deny is a protest of the National Anthem in what the news media regularly calls the “National Anthem protests.”  Wait, what’s that protest about, exactly? The New York Times has settled on “social inequality and police brutality.” And what do they mean? Here’s the latest interpretation by one of the most prominent Kneelers, Malcolm Jenkins of the Philadelphia Eagles:

“Before we enjoy this game lets take some time to ponder that more than 60% of the prison population are people of color. The NFL is made up of 70% African Americans. What you witness on the field does not represent the reality of everyday America. We are the anomalies…”

Anomalies because they aren’t in jail? That sounds rather racist to me. Anomalies because they make millions of dollars? Are the Kneelers saying that all African Americans should be making a lot of money? That prison populations should be representative of the same demographic percentages as the public as a whole? Is he calling for affirmative action in the courts (social justice, I guess) or claiming that the large black prison population is caused by police brutality?  That’s funny: I assume that it is because a disproportionate number of blacks are committing crimes. Is that their fault, or the fault of NFL ticket-holders? This remains the most incoherent, self-indulgent protest ever, and one that prompted one of the President’s more accurate tweets–-two, in fact:

The NFL players are at it again – taking a knee when they should be standing proudly for the National Anthem. Numerous players, from different teams, wanted to show their “outrage” at something that most of them are unable to define. They make a fortune doing what they love………..Be happy, be cool! A football game, that fans are paying soooo much money to watch and enjoy, is no place to protest. Most of that money goes to the players anyway. Find another way to protest. Stand proudly for your National Anthem or be Suspended Without Pay!

That last part relates to the also incoherent NFL policy on kneeling during the anthem. On this, Jenkins told Philly.com, “Quite frankly, guys in our league don’t like being told what to do, what they can and can’t do. We don’t have this type of policies for the other causes we support, whether it be our ‘Salute to Service,’ or breast cancer awareness, or anything else. It’s just when you start talking about black folks, quite frankly. It’s disheartening, but we’ll continue to be creative.”

Huh? Employers in all professions and occupations tell employees what to do, and on-the-job protests disrupting the workplace are universally forbidden. (I know you guys are “anomalies,” Malcolm, but you still collect a paycheck…) Do these players really not see the distinction between engaging in a league-approved promotion like ‘Salute to Service,’ or breast cancer awareness, and a wildcat protest that annoys and insults paying customers? Is anyone going to fact-check that misleading statement,  as someone like Snopes undoubtedly will, regarding the President’s mistaken claim that “most of that money goes to the players”?

Then, “quite frankly,” we get the race card. Of course! “When all else fails…”

Does anyone seriously believe that if only white football players were protesting during the National Anthem, nobody would object? Continue reading →

Regarding Twitter, Free Expression, Alex Jones, Social Media Censorship, And “Fake News”

/ Jack Marshall / 18 Comments

zipper on mouth

The journalism ethics site Poynter begins a story today , “Over the past couple of years, Twitter has done the bare minimum to fight fake news, avoiding the kind of negative press that has plagued Facebook in the process.”

Talk about a bad start. No social media platform is qualified to “fight fake news” except to allow participants to make their own cases regarding what is fake news and what isn’t. They can and do indulge in incompetent, biased and often partisan censorship, covering their tracks by employing “factcheckers” that themselves can’t be trusted not to indulge their biases and political agendas, of course. That’s what Facebook has been doing, and, proving that there is justice in the universe, suffering for it.

Twitter hasn’t been censoring what it calls fake news; it’s just been using double standards to ban conservatives for “hate speech” when parallel leftist rhetoric gets past the gate-keepers. Federalist writer Elizabeth Kantor, for example, was kicked off twitter for this tweet in tongue-in-cheek support for the new racist New York Times editor:

“@sarahjeong This whitey is cheering you on as you fight off the Twitter mob. Down with deplatforming! Plus, it’s clarifying abt. what kind of paper the NYT wants to be . . .”

Twitter told her had engaged in “hateful conduct” that violates Twitter’s terms of service: “Violating our rules against hateful conduct.You may not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin…”

Jeong, however, who had started the hashtag “#CancelWhitePeople” as well as many other anti-white, anti-male Twitter content, remains a valued Twitter user.

Twitter not only is partisan and biased, it also has no integrity. What upset Poynter is that Twitter didn’t join Apple, Facebook and others in their Sunday Night Purge of right-wing wacko Alex Jones. The fact that it banned Kantor for one innocuous political tweet and not her target for dozens of racist ones doesn’t seem to bother Poynter’s unethical ethicists, just that it hasn’t joined the effort to silence Jones online.  Twitter, its says, is failing its duty to combat “misinformation.”

Here was the message from the Twitter CEO, communicated, naturally, in a series of tweets:

We didn’t suspend Alex Jones or Infowars yesterday. We know that’s hard for many but the reason is simple: he hasn’t violated our rules. We’ll enforce if he does. And we’ll continue to promote a healthy conversational environment by ensuring tweets aren’t artificially amplified. Truth is we’ve been terrible at explaining our decisions in the past. We’re fixing that. We’re going to hold Jones to the same standard we hold to every account, not taking one-off actions to make us feel good in the short term, and adding fuel to new conspiracy theories. If we succumb and simply react to outside pressure, rather than straightforward principles we enforce (and evolve) impartially regardless of political viewpoints, we become a service that’s constructed by our personal views that can swing in any direction. That’s not us.Accounts like Jones’ can often sensationalize issues and spread unsubstantiated rumors, so it’s critical journalists document, validate, and refute such information directly so people can form their own opinions. This is what serves the public conversation best.

In an earlier tweet from another Twitter account, Twitter stated,

“As we have stated publicly, we strongly believe Twitter should not be the arbiter of truth nor do we have scalable solutions to determine and action what’s true or false.”

Bingo. Continue reading →

Ethics Salvage, 8/9/018: Here’s Why There Were No Ethics Alarms Posts Yesterday, And More

/ Jack Marshall / 52 Comments

Good morning? What’s good about it?

My plan, as it is most days I travel, was to arrive at my destination (New Providence, NJ), check into the hotel, and spend the evening catching up on ethics posts, then get up early, compose an ethics warm-up. maybe another post r two before I lose control of the day in the onslaught of seminar-leading and more travel. It’s a good plan. Unfortunately, nothing went right. My original flight, into Newark airport, was cancelled after an hour’s delay: Newark had stopped all air traffic. I switched airlines and bought ticket to LaGuardia, where I was told that my client’s limo service could pick me up and take me to my destination.(My program was to start at 9:00 am today.) I got on the plane, we left the gate, and waited. It was storming in New York City and environs. After two more hours, the plane returned to then gate, where we were told to wait around. If things started up at LaGuardia, we were going to have to seize the moment, get on the plane and take off. Never mind: after a half hour or so, that flight was cancelled too.

Thus I ended up at the end of a line of about a hundred travelers , while a single American Airlines agent tried to handle each crisis, a process which appeared to bid fair to last until Christmas before they would get to my urgent need to be in Springfield, N.J. in time to meet up with my colleague and perform a three hour musical ethics seminar for a paying audience of over a hundred lawyers. My ProEthics partner and spouse was simultaneously coordinating with Mike, the musician, on his way to the hotel from Brooklyn, the New Jersey Bar, and the airlines, trying to develop plans B (an early morning flight from Dulles or National and a mad dash to the seminar), C (an overnight train trip), D ( driving to New Jersey), and E (hiring someone to drive me, so I didn’t fall asleep at the wheel). Cancelling was never an option: I’m a show-biz guy, and the show must go on.

For some reason an American agent came over to the back of the endless line, and said, conspiratorially, “Who wants to go to JFK?” About 2o of us eagerly followed her to another gate, and I eventually found myself on a plane to JFK—which stalled on the tarmac, because JFK had halted take-offs and landings too. After an hour or so, the pilot announced that he had “timed out” along with the rest of the crew, and that we were returning to the gate, de-planing, and would wait for a fresh pilot who was en route, assuming his plane arrived.

Well, to cut out a lot more twists and turns, eventually I got to JFK, paid $250 to have a car take me to my hotel in New Providence, and got to bed at around 4 am,  with a scheduled pick-up by a limo service to take me and Mike to the venue at 8. The limo driver got lost, incidentally. Then it was a blur of a three-hour interactive seminar (Mike, as usual, was brilliant), back to the airport, more delays, and home by about 7 pm last night. I started this post around 9, found myself unable to think, and went to bed.

My friend Tom Fuller is fond of saying that if you have no options, you have no problem. I had no options, but I do regard not being able to get posts up in a timely fashion a big problem.

I was, however thinking about multiple ethics issues that arose during my odyssey–actually, a Cyclops and some Sirens, even Scylla and Charybdis,  would have been welcome diversions from Airport Hades—and will pass some of them along now: Continue reading →

Morning Ethics Warm-Up, 8/7/2018: Back in the USSR

/ Jack Marshall / 18 Comments

Good Morning!

1. Self-Promotion Dept. I’m heading off to New Jersey today, to present one of my musical legal ethics seminars—3 hours!—for the New Jersey Bar Association. The real star is my long-time partner in these shows, New York-based singer/musician Mike Messer, who channels Freddie Mercury, Bob Dylan (with harmonica!), Paul Simon, even Johnny Cash in the various song parodies.  This one is called Ethics Rock Extreme, and ends, like all of my musical seminars, with a sing-along. Yes, we get lawyers to sing the chorus of the “Piano Man Parody”…

Sing us the Rules, you’re the ethics man
Sing us the Rules tonight!
We’re stuck in an ethics dilemma here
So tell us what’s wrong and what’s right!

(No, “Back in the USSR” is not one of the songs we do.)

2. First Amendment for me, but not for thee: In an embarrassing episode that is also telling, the Newseum has capitulated to a storm of protests from journalists and will no longer sell its popular “Fake News” mercahndise…like this shirt…

online or in its gift shop. “We made a mistake and we apologize. A free press is an essential part of our democracy and journalists are not the enemy of the people,” the Newseum announced Saturday in a groveling blog post. “Questions have also been raised regarding other merchandise. As an organization that celebrates the rights of people from all political spectrums to express themselves freely, we’ve historically made all types of political merchandise available for our guests to purchase. That has included former and current presidential slogans and imagery and merchandise from all political parties. We continue to do so in celebration of freedom of speech.”

Translation: “In celebration of free speech, we will acquiesce in the censoring of a particular expression of opinion on a humorous T-shirt, because it hurts journalists’ feelings.”

Again, I ask: why does anyone trust journalists and the organizations they represent? Continue reading →

Unethical Quote Of The Month: Apple, Or “Stop Making Me Defend Alex Jones!”

/ Jack Marshall / 22 Comments

“Apple does not tolerate hate speech, and we have clear guidelines that creators and developers must follow to ensure we provide a safe environment for all of our users. Podcasts that violate these guidelines are removed from our directory making them no longer searchable or available for download or streaming. We believe in representing a wide range of views, so long as people are respectful to those with differing opinions.”

—-A spokesperson for Apple last week, following confirmation that it had removed five out of six podcasts by far-right conspiracy theorist Alex Jones,  including “The Alex Jones Show” and some of his InfoWars audio streams. 

This is a terrifying statement…almost as terrifying as the fact that so many Americans won’t understand why it’s terrifying. Unless one does not understand the First Amendment and why its principles are the beating heart of American democracy, or unless you are an increasingly typical 21st Century progressive, who feels that the Left should have the power to decide what kind of speech is tolerable, Apple is telling us that it is going to use its immense power and influence over the distribution of ideas to suit its preferences regarding what people should see, hear, and think. Continue reading →

Ethics Dunce: WeWork

/ Jack Marshall / 29 Comments

I wonder: how many of the sensitive progressives doubtlessly applauding the fear-monger about President Trump being an “authoritarian” see the obvious hypocrisy on working for a comany like the shared workspace company WeWork, that uses its power of its employees to force them to accept the company’s social values in their personal choices?

On July 13,  WeWork announced that it is banning red meat, pork, or poultry at company events like its “Summer Camp” retreat and internal kiosks, called “Honesty Markets.” (Yecchh. Do you dislike this preening company already like I do?) It also announced that WeWork’s 6,000 global employees won’t be reimbursed if they eat meat at their business meals, except for fish. Eating fish is OK, because…well, just because. The owners didn’t like “Finding Nemo,” or something. You know, fish have mothers too.

The company boasts that these policies  will save 445 million pounds of carbon dioxide emissions, more than 16 billion gallons of water, and the lives of 15,507,103 animals by 2023. 15,507,103. Wow—those are some precise statistics. Of course, the policy makes no sense. Why are eggs acceptable to WeWork, when egg-raising causes as much theoretical environmental damage as raising chickens to eat? Oddly, WeWork doesn’t impose strict environmental controls on the buildings it uses for offices and work space.

Could it be that this is just blatant, shameless, cynical virtue-signaling? Of course it is. Continue reading →