Ethics Alarms SPECIAL REPORT! Oxymoron Ethics: The Super Bowl Ads

February 2, 2015February 2, 2015 / Jack Marshall / 28 Comments

All Super Bowl commercials are unethical by definition: they aid, abet, reward and perpetuate the gruesome and deadly culture of pro football. I’ve written about that enough lately, however, so when I woke up with a leg cramp this morning at 4:46 AM, I decided to go online and watch the Super Bowl ads. Here is what I discovered:

1. Most Ethical Ad: Pampers

Yet another pro-birth ad during the Super Bowl! This one is especially well done, and for once babies aren’t used as mere adorable props to sell a product unrelated to babies. The spot shows a sonogram of a baby giving her first “hello” with a heartbeat playing in the background, and progresses to show the family’s “firsts” together, from ” first tears of joy” to “first first word.” The ad was especially welcome as a rebuttal to last week’s jaw-droppingly callous and absurd characterization of the abortion issue by MSNBC’s resident radical. Melissa Harris-Perry. She asked a guest,

“Are you at all distressed in the ways that I am about the idea that there is a separate interest between an individual and something that is happening in her body that cannot at that moment exist outside of her body? So, the idea, for example, that I would need a court’s permission for cancer treatment or the court’s permission for a surgery that would remove my hand. Like, if it’s my body, I guess I can’t understand why the state would have to give me permission.”

“Something that is happening” that “cannot exist outside her body”? This is called “desperately stretching for a deceptive euphemism that avoids the central issue.” The Pampers ad focuses on that issue: more than one human life is involved here. Last year, Harris-Perry said,

“When does life begin? I submit the answer depends an awful lot on the feeling of the parents. A powerful feeling — but not science.”

That’s right: it’s a life if the parents think it is, otherwise it’s just like a tumor or a hand. I suspect that future generations will look back on such bizarre and intellectually dishonest arguments by the pro-abortion groups the way we regard the claims of slavery defenders who claimed that black’s weren’t really human. They will wonder how they managed to prevail in public opinion and policy so long using such obvious and vile nonsense.

One way they managed to prevail is that journalists went out of their way to avoid publicizing the aspect of the controversy that make abortion advocates squirm. For example, I reviewed six online ratings of the Super Bowl ads, and not one of them mentioned the Pampers spot, though commentary, ratings and videos of almost all the others were covered. Fascinating. Continue reading →

Watching The Super Bowl Is Unethical. You Know That, Right?

January 31, 2015February 2, 2015 / Jack Marshall / 39 Comments

I was going to call this post “Ten Reasons Why Watching The Super Bowl Is Unethical,” then “TOP Ten Reasons Why Watching The Super Bowl Is Unethical.” Ethical people should only need one good reason though, and while you can rationalize it away to slave your conscience and to avoid having to renege on that RSVP to tomorrow’s Super Bowl party, it is there, undeniable, and ugly.

So you don’t even have to argue that the fact that the most successful NFL team for more than a decade is also the one repeatedly caught cheating is irrelevant because “everybody does it,” or that the large number of felons, thugs and spouse abusers the teams employ (one ex-player—why, a Patriots’ ex player, in fact!—just went on trial for murder) doesn’t matter because the players aren’t really role models, or that the fact that the NFL corrupts and warps our universities by turning them into football’s minor leagues is overstated because such scandals as the University of North Carolina conspiring to let athletes take imaginary courses aren’t really the NFL’s fault. All you have to do is accept the fact that when you support the NFL, it’s TV ratings and the companies that profit from them, you are not merely killing people, you are cheering while you do it.

Disgusting.

What the hell’s the matter with you?

Yesterday I rewatched the 2013 PBS Frontline documentary, “League of Denial.” (That’s the link to the video; the transcript is here.) It was more horrifying the second time, especially in view of how the NFL has managed to stonewall, tap-dance and delay its way through another season without seriously admitting the extent of its head injury problem. One could even argue that the Ray Rice fiasco and other scandals helped the NFL by deflecting attention away from its biggest ethical deficit. Today, CNN, which is duly promoting the Super Bowl all weekend, reported on Roger Goodell’s “state of the NFL” press conference. It didn’t mention the concussion issue at all, just spousal abuse. It’s working, Roger!

As thoroughly and irrefutable shown by the documentary and the book it was based on, football causes dementia and death. The earlier you start playing it, the worse the effects are. The NFL has systematically waged a public relations war of denial and deception, taking carefully calculated half-measures that will not address the problem, relying on America’s love of the game to allow the industry to continue making billions by paying young men to maim themselves. In hearings before Congress, U.S. representatives compared the NFL to cigarette manufacturers denying that cigarettes were addictive and that they caused health problems. The comparison is fair, but once the truth was known about tobacco, the non-smoking public quickly realized that it shouldn’t be cheering lung cancer on. Cigarette ads on TV were banned; programs that children watched were pressured to avoid showing characters smoking. But then, nobody gets a visceral rush watching human beings slowly kill themselves by puffing away: is that the difference? As long as you get a kick out of the process of athletes turning themselves into future drug addicts, depressives, neglectful fathers, abusive husbands, drooling imbeciles and suicides, it’s okay to keep watching and cheering?

Keep telling yourself that. It’s intellectually lazy and ethical abdication, and that’s all it is. Watching the Super Bowl can’t be wrong because so many people do it, right? You know, since you’re here, what’s the matter with that argument.

You can also try the argument that the players are accepting the risk, so it’s OK for you to encourage them, in fact help pay them to liquify their brains for your amusement. That would be employing three more rationalizations on the Ethics Alarms Hit Parade: Continue reading →

Ethics Alarms Mailbag: Is Arguing In The Alternative Unethical?

January 30, 2015 / Jack Marshall / 19 Comments

No, it isn’t, but I understand why it might seem that way.

“I didn’t do it, no one saw me do it, and you can’t prove anything!”

An email from ethics issue scout Fred calls my attention to the case of transgendered female Leyth O. Jamal, 23, who filed a sexual discrimination suit in September claiming that managers at a Saks store in Houston referred to her as a man, made her to use the men’s restroom and pressured her to dress as a man despite being aware of her transgender identity. She also claimed a male colleague repeatedly asked her whether she was a prostitute in front of customers and colleagues, and threatened her. Saks fired Jamal after she brought a complaint to the Equal Employment Opportunity Commission.

In federal court this week, Saks withdrew its Dec. 29, 2014, court filing asserting that transgender workers are not covered by the gender discrimination ban in Title VII of the Civil Rights Act of 1964. The company still denies that it discriminated, and has made statements about how it “believes that all persons are protected against sex discrimination under Title VII” of the Civil Rights Act of 1964, which prohibits discrimination by employers on the basis of race, color, religion, sex or national origin. It had argued, however that the plaintiff had based her case not on sex discrimination but on the issue of gender identity and transgender status, which Saks believed fell outside of Title VII’s mandate.

Now Saks is only disputing that there was any discrimination, not that such discrimination was legal. The question posed to me: does this U-turn this look bad for Saks? Is it cynical and unethical? How can you simultaneously argue that what the client alleges isn’t actionable because there’s no law against discriminating against someone for gender identity, and that you didn’t discriminate on that basis, or any basis, anyway? Continue reading →

Late Deflategate Update: Patriots Owner Robert Kraft Does A Full Corleone

January 27, 2015January 27, 2015 / Jack Marshall / 9 Comments

Ruthless mob “Godfather” Michael Corleone had lied to the fictional Congressional committee investigating organized crime. The smoking gun witness who had cut a deal to destroy Michael’s fake stance as a persecuted patriot and honest businessman had just been intimidated into recanting, seeing his older brother sitting with his targets and knowing that if he betrays the Family, his brother’s head would end up in his bed. So lies and corruption have triumphed, and as the scene from “Godfather Part II” fades, Michael Corleone’s lawyer, Tom Hagen, is shouting over the gavel and the crowd noise, to the disgusted and defeated Committee chair,

“SENATOR! SENATOR! This committee owes an apology, this committee owes an apology — an apology Senator!”

This memorable scene was immediately what my mind was jerked back to when I read New England Patriots’ owner Robert Kraft’s defiant statement regarding his team’s latest cheating scandal, in the section where he said…

“If the Wells investigation is not able to definitively determine that our organization tampered with the air pressure in the footballs, I would expect and hope that the League would apologize to our entire team and in particular, Coach Belichick and Tom Brady for what they have had to endure this past week. I am disappointed in the way this entire matter has been handled and reported upon. We expect hard facts as opposed to circumstantial leaked evidence to drive the conclusion of this investigation.”

I see now from a brief Googling of “Tom Hagen Robert Kraft” that I was not alone, and no wonder. Kraft’s guys have stonewalled, denied, mocked, deflected, tap-danced, and allowed loyal ethics-challenged sportswriters, bloggers and fans to block for them. Belichick and Brady almost certainly have covered their tracks sufficiently to avoid their just desserts, and Kraft is demanding an apology when it is he who should be apologizing—to the NFL, to opposing teams, to New England, to Boston, and to the fans, for allowing a corrupt and unethical culture to flourish under his ownership. Has any criminal, having avoided conviction because he or she could not be found guilty beyond a reasonable doubt, had the chutzpah to demand an apology from the prosecution? Did Casey Anthony or O.J., as despicable as they are, dare to rub society’s nose in their triumph like that? Continue reading →

It’s STUPIDITY SATURDAY, Celebrating That Fascinating Nexus Between Dumb and Unethical! First Up: The IRS Picks A Contractor

January 24, 2015January 24, 2015 / Jack Marshall / 6 Comments

Perusing the many ethics issues that have slopped into my inbox, I realized that a fascinating theme was developing: wanton, willful, inexcusable stupidity. Being stupid is not intrinsically unethical, for in many cases it is a malady, a Nature-dictated state like being short or bald, just one that is more limiting than most. Being stupid and allowing yourself to be placed in a position where your stupidity will harm others, however, is unethical.

Incompetence is not the same thing as stupidity necessarily, but it is a kind of stupidity and it generates stupidity: stupid risks, stupid decisions, stupid statements, stupid policies, stupid results. The recent Pew study showing that the two most common descriptions of President Obama were “good” and “incompetent” was intriguing on that issue. A man can be both “good” and “incompetent,” but a leader cannot. Obama can be a good man (though after hearing his defiant, dishonest, petulant and self-destructive State of the Union address, I find that hard to believe), but he cannot be a good leader while being an incompetent one.

The President is incompetent, and the incompetence has, as it always will with those serving under incompetent leadership, metastasized throughout his administration into incontrovertible stupidity of a sort that it is unethical for a leader to tolerate or allow to continue. Yet he does.

This brings us to the IRS. Believe it or not, just even months after federal officials fired the firm CGI Federal for its botched work on the Obamacare website Healthcare.gov, the IRS awarded these same bunglers a $4.5 million IT contract for its new Obamacare tax program.

Let me say that again, slowly, so it sinks in: Continue reading →

The Personal Injury Lawyer’s Sex Doll Ad: Stupid! Funny! But Unethical?

January 22, 2015 / Jack Marshall / 12 Comments

Nah.

Here it is:

There is a dubious principle of advertising holding that as long as the name and the service come through memorably, an ad is a success. This video challenges that assumption. It tells me that the lawyer who let someone talk him into doing an apparently improvised ad with a smut-mouthed rubber sex doll is an idiot, and it is very risky to take legal advice from idiots. Nonetheless, there is nothing unethical about the ad. Does it hold the profession up to public ridicule? No, it holds this lawyer up to public ridicule.

Once upon a time, lawyer advertising was held to be unethical by all state bars, until courts found the restrictions to violate the First Amendment. This kind of ad was what the profession was worried about. A few states, notably Florida (the last I checked), still apply more stringent standards to lawyer advertising than currently apply to used cars and cheesemakers, but as long as an ad lawyer doesn’t make affirmative misrepresentations, it won’t be found to be in violation of the legal ethics rules.

Besides, ads like this one are extremely informative. They tell a potential client everything they need to know about the judgment, reputation and trustworthiness of the lawyer who stars in it. What could be more ethical than that?

_______________________

Pointer: Res Ipsa Loquitur

Facebook’s Unconstitutional News Hoax Policy

January 21, 2015 / Jack Marshall / 34 Comments

I’ve got your backs, you contemptible jerks…

Boy, there’s a lot of pro-censorship sentiment going around these days. I wonder why?

The latest comes from Facebook, which now is going to attempt to shield us from “hoaxes.” I don’t trust the government to decide what I should read and I don’t trust Facebook to do it either. Nobody should.

Back in the sixties, Economist John Kenneth Galbraith wrote papers and books asserting that large corporations were becoming the new nations and states, and that it was their power, not elected governments, that would decide how we lived. Galbraith wasn’t the best professor I aver had (he was the tallest), and his assertions in this realm were certainly exaggerated, but a lot of what he foresaw has come to pass. It is true that the First Amendment prohibition against government censorship of expressive speech doesn’t apply to private entities, but it is also true that huge corporations like Facebook weren’t even a twinkle in the eye of the Founders when that core American value was articulated. Any corporate entity that has the power to decide what millions of Americans get to post on the web is ethically obligated to embrace the same balance of rights over expediency that the Constitution demands of the state, specifically free speech over expediency, period, exclamation point, no exceptions. Embodying Clarence Darrow’s statement that in order for us to have enough freedom, it is necessary to have too much, the Supreme Court has even pronounced outright lies to be protected speech.

For this reason, Facebook’s well-intentioned anti-hoax policies—boy, there’s also a lot of well-intentioned lousy policies going around these days, being applauded for their goals whether they work or not. I wonder why?—add one more offense to core American ideals.

You can read Facebook’s new policy here. The key section: Continue reading →

So A Guy Goes Into A Bakery And Wants A Cake That Says “God Hates Gays.” The Baker Says, “I Won’t Do It: You’re A Bigot,” And The Guy Says, “I Want A Second Opinion: I’m Filing A Discrimination Complaint.” The Baker Says, “Here’s A Second Opinion…You’re An Idiot!”

January 18, 2015January 24, 2015 / Jack Marshall / 25 Comments

And indeed he is.

We don’t know the name of this sad, fearful, obsessed fool that thinks he is making a grand point by harassing the Azucar Bakery in Denver. [ Update 1: His name is Bill Jack.] We do know that he understands neither law, ethics, common sense nor analogies, and that any lawyer who assists him will have some explaining to do, because if ever there was a frivolous discrimination claim, this is it.

Obviously less interested in a cake than in making a point, the unnamed meathead demanded that the bakery provide a cake decorated with anti-gay sentiments, making the lame analogy between the baker’s refusal to do that and the various bakeries, including one last year in Colorado, held to be unlawfully discriminating when they refused to bake wedding cakes for same-sex couples.

“We never refused service. We only refused to write and draw what we felt was discriminatory against gays. In the same manner we would not … make a discriminatory cake against Christians, we will not make one that discriminates against gays,” said Marjorie Silva, owner of Azucar Bakery, in a statement submitted to the state’s Department of Regulatory Agencies in response to the complaint. Continue reading →

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 4 of 4)

January 15, 2015January 21, 2015 / Jack Marshall / 31 Comments

Outrageous Hoax Of The Year

Mamoru Samuragochi, the composer sometimes known as “The Japanese Beethoven” because he composed critically acclaimed works despite being deaf, was exposed as double fraud: he didn’t compose the works that made him Japan’s most popular classical composer, and he isn’t even really deaf! Samuragochi hired a musical ghostwriter named Takashi Niigaki to compose more than twenty compositions for Samuragochi since 1996.

Funniest Outrageous Hoax

This.

Unethical Artist Of The Year

Performance artist Maximo Caminero, who walked into the Pérez Art Museum in Miami, entered a special exhibit of sixteen ancient Chinese vases painted over in bright colors by celebrated Chinese dissident artist Ai Weiwei, picked up one of them, and immediately after a security guard instructed him not to touch the exhibit, allowed the vase to fall from his hands, shattering into bits. Caminero admitted that smashing the pottery, which was valued at a million dollars, was intentional, and was his protest against in support of local artists like himself whose work is not exhibited at the museum while the art of international artists like Weiwei is.

Unethical Veterinarian Of The Year

Fort Worth, Texas veterinarian Lou Tierce lost his license for five years as a result of, among other transgressions, his telling the owners of a Leonburger (it’s a very big dog) that their pet was terminally ill and had to be euthanized, then secretly keeping the dog alive in a small cage so he could use Sid’s blood for transfusions to Dr. Tierce’s other canine patients. Eventually an assistant at the clinic blew the whistle and alerted Sid’s owners, who rescued their dog and sicced the law on the worst veterinarian since Dean Jones menaced Beethoven.

Unethical Doctor Of The Year

Dr. Nancy Snyderman, NBC’s medical expert, endangered the public by defying a voluntary quarantine for possible Ebola exposure, because she just couldn’t bear to be without her favorite soup.

Scam of the Year

The Affordable Care Act.

Unethical Federal Agency Of The Year

The Secret Service. Lots of competition in this category: the Veterans Administration, the I.R.S., the CDC, the Justice Department, NSA…but when you essentially have one job to do and do it badly, sloppily carelessly and dangerously, there’s really not much more to say Continue reading →

Unethical Website Of The Month: ShipYourEnemiesGlitter.com.

January 15, 2015January 15, 2015 / Jack Marshall / 21 Comments

This is another revenge site. Some will ship your enemies poo; ShipYourEnemiesGlitter sends glitter bombs. The site’s approach is fresh: it adopts a pugnacious, “yeah, we’re horrible, but so what?” tone that would be amusing if it wasn’t attached to an indefensible service. A sample:

“…so here’s the deal: there’s someone in your life right now who you fucking hate. Whether it be your shitty neighbour, a family member or that bitch Amy down the road who thinks it’s cool to invite you to High Tea but not provide any weed.So pay us money, provide an address anywhere in the world & we’ll send them so much glitter in an envelope that they’ll be finding that shit everywhere for weeks. We’ll also include a note telling the person exactly why they’re receiving this terrible gift. Hint: the glitter will be mixed in with the note thus increasing maximum spillage.”

Great.

The business owner’s parents must be so proud.

___________________________

Pointer: Instapundit

Ethics Alarms

An ethics commentary blog on current events and issues