Ethics Alarms Award Nominee

Unethical Quote Of The Month: Wonkette Writer Rebecca Schoenkopf

/ Jack Marshall / 42 Comments

juanita

I can absolutely see Bill Clinton doing this (then, not now) and not even thinking of it as rape, but thinking of it as dominant, alpha sex. I can see a LOT of men doing that during that time period, before we started telling them in the ’80s, “hey, that is rape, do not do that.” I can see YOUR NICE GRANDPA doing that, back then…I think good men can rape, and be sorry, and not do it again. This is very bad feminism…To sum up, I think Bill Clinton could very well have raped Juanita Broaddrick; that it doesn’t make him an evil man, or irredeemable (I’m Catholic; we’re all forgiven, if we’re sorry, and Broaddrick says Bill Clinton personally called her up to apologize). It doesn’t even necessarily make him a bad feminist — you know, later, once he stops doing that.

   —Rebecca Schoenkopf, writing in the progressive blog Wonkette, talking about Juanita Brodderick’s rape accusation against Bill Clinton

Broaddrick’s claims are back in the news, now that it was noticed that the Hillary Clinton website quietly pulled its statement about the victims of sexual assault having “the right to be believed,” Clinton’s jaw-dropping assertion—given her despicable role in silencing and discrediting Bill’s various victims—that Ethics Alarms discussed when it was first made.

I awoke to multiple rightish blogs, and Ann Althouse, who is dead center, going bonkers over this piece, and rightly so. My initial query is, why only right wing and moderate blogs? Is the left this corrupted by Bill and Hillary? (Okay, that’s rhetorical: the answer is “Damn right they are.”) When did it become progressive to argue that “good men can rape”?

I thought that was a misogynist pig position scrawled on the walls of a troglodyte’s cave.

Good men do NOT rape. Ever. Rape—do I really need to say this?—is signature significance. It was in the 80s, it was in the 60s, it has always been. If you rape (and if you defend rape), you’re not good, you’re not ethical, and you’re not trustworthy. And–do I really have to say THIS?–you’re not just a bad feminist, you’re a phony feminist. (By the by way, you gotcha-masters out there: I am not saying that there is anything wrong with a lawyer defending an accused rapist, like Hillary Clinton did. That is not defending rape itself.)

So why aren’t the indignant, politically correct, feminist, war-on-women-deriding left-leaning web sites, commentators and bloggers collectively retching at the Wonkette post? Explain that to me, someone. Explain why it isn’t evidence that integrity hasn’t died in their skulls, and is stinking up their ethics like a dead rat under the floor-boards. Continue reading →

Was It Ethical For Donald Trump’s Former Lawyer To Trash Him In The Huffington Post?

/ Jack Marshall / 16 Comments

Backstabbed

That’s an easy question.

The answer is maybe, and no.

A couple of weeks ago, a real estate lawyer named Thomas M. Wells provoked a lively debate in the legal ethics community when he authored a Huffington Post piece titled “Donald Trump Hired Me As An Attorney. Please Don’t Support Him For President.” I’m proud to say that I flagged the issue for my colleagues first, in part because they unanimously detest Trump, even the tiny minority who aren’t full-blooded Democrats or progressives, and may have been blinded by that bias.

For me, the issue was crystallized by the headline. Wells’ headline (it doesn’t matter if it was really his or the site’s: as a lawyer, he is obligated to make sure that his article doesn’t breach legal ethics rules and principles, and the headline is part of his article) suggested that he had some special knowledge and authority regarding Trump because of what he had learned while representing him decades ago. The ethics rules prohibit lawyers from revealing client confidences, which are usually defined as what a lawyer learns about a client during the course of a representation that the client would not obviously want revealed to the world. Confidences can be revealed by actions, as well as words, and the headline comes very, very close to saying “I know things you don’t about Donald Trump because of what learned when I was his trusted lawyer.” What follows from that may be  a reader’s conclusion that the post reflects secret information. Thus the headline made my legal ethics alarms sound.

Wells has the same right as you or I to register a public opinion about his former (or current, for that matter ) client, as long as the opinion doesn’t interfere with his representation. Lawyers do not give up free speech right by being lawyers. That’s where the “maybe” comes from. There is strong disagreement in the profession about whether the answer to “Is this unethical?” should be an outright yes. The status of loyalty among the legal ethics values hierarchy is as hotly contested now as it ever has been. If a lawyer wants to attack a former client in a matter unrelated to the representation and no confidences are revealed in the process, is that a legal ethics breach? If it is, it would be a very tough one to prosecute. I think it’s a general ethics breach, as in wrong and unprofessional. It is disloyal, and clients should be able to trust their lawyers not to come back years later, after a client let the lawyer see all of his or her warts, and say, “This guy’s an asshole.” It undermines the strength of the public’s trust in the profession. Continue reading →

Ethics Heroes: The Nixon Foundation And The Richard Nixon Presidential Library

/ Jack Marshall / 34 Comments
Pop Quiz: Who is missing from this picture from the dedication of the Nixon Library in 1990, and why?

Pop Quiz: Who is missing from this picture from the dedication of the Nixon Library in 1990, and why?

I can’t stand the Kennedy Library in Boston, with all its triumphal, sentimental hagiography of both Jack and Bobby. A presidential library will naturally try to put the best spin on the accomplishments, failures, and character deficits of its subject, but it has an obligation to history too. I once was determined to visit all of the libraries, but after the first few I decided that these structures were more like the pyramids than fair and enlightening representations of the men they honored.

The worst in this respect, as you might guess, was the infamous Richard Nixon Presidential Library in Yorba Linda, California, which opened 26 years ago.The Watergate exhibit, approved by Nixon himself, painted Nixon as an innocent and heroic victim brought down by the media  and his sinister foes. This was certainly Nixon’s view, but it has no relationship to reality. So convinced was Congress that the Richard Nixon Presidential Library would display the same lack of ethics as its namesake that it passed a law in 1974 requiring his presidential records to be stored with the National Archives and out of the library’s control, where they might be altered or “lost.”

Nixon’s library entered the official presidential library system under the auspices of the National Archives in 2007, and to finally make it more than the presidential library equivalent of  Fantasyland, the Nixon Foundation ordered the old Watergate exhibit to be overhauled. Continue reading →

Ethics Quiz: Does “Black Olives Matter” Matter?

/ Jack Marshall / 45 Comments

Black Olives matter shirtI almost made this controversy an ethics quiz in July, but decided it was a fleeting jest. Wrong, Ethics-breath! Now the story has heated up again.

Paisano’s, an Italian restaurant  in Albuquerque, New Mexico is selling ‘black olives matter” T- shirts and caps following the uproar over the phrase last month, when the restaurant placed it on a marquee outside the restaurant in July:

Black Lives Matter sign

Then, owner Rick Camuglia said he came up with the play on words to sell a new tuna dish with black olive tapenade. When Camuglia posted pictures of the dish and the sign on Facebook, he drew angry complaints that he was being insensitive and “trivializing a movement aimed at trying to stop police shootings of black residents.”

Even if they are resisting lawful arrest, threatening the officer or holding a gun. But I digress…

Camuglia protested that he was only trying to sell food. Now, after receiving unexpected support, even internationally, and with business booming, the entrepreneur has reacted to requests for souvenirs from the restaurant with his new product line.

Your Ethics Alarms Ethics Quiz of the Day: 

Are the slogan, T-shirts and hats inherently disrespectful and divisive at a racially troubled time, and thus socially irresponsible, or is it a harmless play on words?

Continue reading →

KABOOM! The Wrigley Field DJ Really Thought This Would Be OK! (And The Cubs Get A Jumbo…)

/ Jack Marshall / 22 Comments

exploding-head5

Talk about malfunctioning ethics alarms! This story made my head explode, once I confirmed that it was not a hoax, as I desperately hoped. It apparently made the heads of a lot of Cubs fans and Cubs executive blow craniums too.

If you don’t follow baseball closely, and by the way, what’s the matter with you?, you probably don’t know two crucial facts about the Chicago Cubs closer (that’s the pitcher who comes in to pitch the ninth when his team is ahead in a close game) Aroldis Chapman:

1. He throws the baseball over 100 mph. on almost every pitch, and has hit 105 mph. on the radar gun this season. Traditionally 90 mph on a pitcher;s fastball is considered good. 95 mph is considered very good. 100 mph is outrageous. Last year, Chapman threw more pitches over 100 mph than the rest of his league’s pitchers combined.

2. Chapman was suspended for much of this season for domestic abuse, under baseball’s new policies.

The Cubs recently acquired Chapman (from the Yankees) to be the team’s closer, in this, a season that bids fair to be the one that finally ends the team’s epic string of seasons without a World Series title. The Cubs last won the Series in 1908, over a century ago. The team hasn’t even made it to the Series since 1945.

Now here’s the punch-line.

Hold on to your head. Continue reading →

Comment Of The Day: “Sarcasm-Tainted Observations On The Milwaukee Riots”

/ Jack Marshall / 112 Comments

Milwaukee rioting

Chris Marschner, a grandmaster of the Ethics Alarms Comment of the Day feature, issued another deserving one with his thoughts on the Milwaukee riots. It is a highlight of the threads generated by this topic, but there are many other highlights amid the 90+ comments, including an Alamo-like stand against overwhelming odds (and logic) by that prolific, embattled, and adamant EA progressive, deery. The whole discussion is well worth reading. Deery also authored the comment that inspired Chris’s response below.

Here is his Comment of the Day on the post, “Sarcasm-Tainted Observations On The Milwaukee Riots”:

For the life of me I cannot see how any rational human being can justify rioting and the looting businesses because they feel they are owed something for being “oppressed”. What the hell did the gas station or auto parts store do to them? Does that case of Cheezits being carried out of the store address all of your complaints, or is it just a partial down payment on a never ending invoice for the injustice you perceive? Sorry I have no sympathy for anyone who had myriad opportunities to become educated in a manner that would permit them to read, write, perform arithmetic calculations, and just plain think.

No amount of funding can overcome community apathy. Especially, when apathy is the root cause of the need for funding in the first place. The community needs to recognize that if it wants things to be different then it needs to come to grips with the idea that they must take on the lion’s share of the work to enjoy a better life; it cannot be bestowed upon them. It must pool its own resources first before it requests resources from others. It must demonstrate that it is committed to being responsible for the work of changing the situation. Any one who thinks jobs and opportunities will simply emerge with more government spending in areas that suggest crime is rampant needs his/her head examined. No amount of tax abatement will overcome the cost of rebuilding a business that has been burned to the ground. It should be noted that the police did not spray paint tags all over other people’s buildings. It’s not urban art, it’s vandalism. The police did not create the need for security grates over the glass windows of shops. The police did not throw litter all over the street and dump furniture and tires wherever they pleased. More importantly, within the BCPD, the officers charged with various felonies while on the force were predominantly non-white so it not always a racial issue.

I grew up in Baltimore City. I lived there from 1956-1989. I went to Balto. City public schools (BCPS). I went to Woodbourne Jr. High and graduated from Northern High in 1974. Both schools were integrated and each had its share of bad actors be they white or black. In those days black parents wanted to keep their kids away from the “element”. I don’t think that is the case today. Today we celebrate the gangsta persona.

I was neither a star pupil nor a bad student. What I did learn from my father was that college was not something I could ask for help with and no school counselor ever suggested that I consider college. I saw the battles my older brother went through to get him to fill out the financial information on the financial aid applications. My father hated to disclose his income. Perhaps it was because he felt inferior to what others made or maybe he just did not like the idea of getting government assistance. I don’t know. I just learned not to ask about college. To this day I don’t remember either parent talking to me about college except for when I was in 8th grade and I could not pass the foreign language class which was required for college prep.

I did not go to college immediately after high school. Ironically, both my parents were Baltimore City Public School teachers for much of their lives. My mother who taught English was known as that white honky bitch at Northern Parkway Junior High. That’s what the parents called her when she called them to discuss a student’s lack of progress. She got called that a lot. I saw the tears of frustration.

Continue reading →

The Pitzer College “POC Only” Roommate Wanted Ad [UPDATED]

/ Jack Marshall / 42 Comments
"Now THAT's not racism. Why do you honkies have so much trouble understanding this?"

“Now THAT’s not racism. Why do you murderous honkies have so much trouble understanding this?”

A roommate-wanted notice posted on Facebook by a Pitzer College student has turned into yet another racial controversy. The student, along with two Pomona College students,  were seeking a fourth to join them in an off-campus house. The notice included “POC only” –person of color only—and this got them immediately called out as racists by some other students.

The ad is not racist. The text reflects a bias, as in “preference,” but that isn’t necessarily racism. Everyone has freedom of association in this country, or should. Human beings are more comfortable with those whom they perceive as being more like them. There is nothing wrong with that, but even if there is, it is human nature. There is nothing to be done about it, and there shouldn’t be anything done about it other than to help each other understand that tribalism is divisive and  a pre-programmed bias that we should fight, because getting past it makes us better neighbors, members of society and human beings.

Still, I don’t want to live with someone who doesn’t want to live with me, but who is going to accept me into a living situation based on a feeling of obligation. A house seeking someone else to share the rent isn’t a public accommodation, and there is no ethical principle demanding that the roommates can’t or shouldn’t specify the kind of individual they think would best complete the group. What if the other three are all white, and are seeking someone different from them to make the house more diverse? Is it equally offensive if the ad sought an athlete, or someone overweight (who wouldn’t make the three hefty roomies feel unattractive), or a good student, or an actor, or someone with a good sense of humor? Why? Such requirements are not a per se indication of anything but personal preferences, and personal preferences aren’t racism.

Is the “POC only” addendum unethical? Technically, it fails Kant’s “what if everybody does it?” test,  for if everybody did it, white students would have nowhere to live. There you have an example of where Kant’s Rule of Universality is worth musing about but often isn’t applicable. Some conduct is ethical despite Kant because the idea that it would become universal is too ridiculous. I want to live with a baseball fan. I don’t want to live with someone who is going to be listening to punk rock. If three roommates can look for a female fourth, or a gay fourth, or a Spanish-speaking fourth—and they can without nicking any ethics principles at all—then they can insist on racial or ethnic qualifications too.

Is it better ethics to be accepting of all equally? Sure it is. But not exhibiting exemplary ethics isn’t unethical. Again, it’s just human.

There is more to the story however. When some students commented on Facebook that the notice was racist, the replies from the students posting it and others expanded the controversy.

The Claremont Independent, a student paper that covers all five of the Claremont colleges (as well as two graduate schools), of which Pitzer is a member, published some of the comments, and they show the anti-white animus and double standards now roiling race relations in the U.S. Continue reading →

When The Ethics Alarms Don’t Ring: The Serial Killer Cocktail

/ Jack Marshall / 17 Comments

Pickton

Rebecca Brass, who who works with victims of sexual assault, was stunned to see an alcoholic beverage called “The Willie Pickton” on the drink menu of a British Columbia restaurant called “Surrey Wings.” It wasn’t the drink itself, which contains  blue curacao, blackberry, melon, orange juice and cranberry and sounds yummy, that troubled her, but the fact that the name honored local serial killer Robert “Willie” Pickton, currently serving a life sentence at Kent Institution in the Fraser Valley.

Though Willie was convicted of killing only six women,  the remains and DNA of 33 more were found on his farm. He also confessed  that he had murdered 49 women total, many of them Vancouver prostitutes. Brass, in her role as a sexual assault counselor with Women Against Violence Against Women, personally knows people with family members murdered by Pickton. Continue reading →

Sarcasm-Tainted Observations On The Milwaukee Riots

/ Jack Marshall / 94 Comments

Milwaukee riots

From CNN:

Angry crowds took to the streets in Milwaukee on Saturday night to protest the shooting death of an armed man by a police officer hours earlier.
Protesters burned several stores and threw rocks at police in the city’s north side, leaving one officer injured. Smoke and orange flames filled the night sky. The incident started Saturday afternoon when two officers stopped two people who were in a car in the north side, according to the Milwaukee Police Department.

Shortly after, both car occupants fled on foot as officers pursued them, police said. During the chase, an officer shot one of the two — a 23-year-old man who was armed with a handgun, according to authorities. “He (officer) ordered that individual to drop his gun, the individual did not drop his gun,” Milwaukee Mayor Tom Barrett said. “He had the gun with him and the officer fired several times.”

The man died at the scene. It’s unclear whether the second occupant of the car is in police custody.

First Observation: The dead man, the armed suspect, the man whose death was the spark for the violence, was African-American. CNN’s report doesn’t mention that at all! Why? Is the information unimportant? In fact, it is the most important feature of the incident. It pains me to say it, but riots don’t happen when white citizens are shot by police, whether the victim was armed or not. CNN’s coverage is political correctness and cowardice, not journalism. A critical fact was omitted because it is unwelcome, not because it is superfluous.

This is news manipulation and misrepresentation by omission. This is unethical journalism.

“This is CNN.” Continue reading →

Unethical Quote Of The Week, Olympics Division: Hope Solo

/ Jack Marshall / 43 Comments
"Jim Kaat, meet Hope Solo. Hope...Jim."

“Jim Kaat, meet Hope Solo. Hope…Jim.”

“I thought that we played a courageous game. I thought that we had many opportunities on goal. I think we showed a lot of heart. We came back from a goal down; I’m very proud of this team. I also think we played a bunch of cowards. But, you know, the best team did not win today; I strongly, firmly believe that. I think you saw America’s heart. You saw us give everything that we had today. Unfortunately the better team didn’t win.”

—-U.S. women’s soccer team goalie Hope Solo,after the Swedish team eliminated the United States from the Olympic women’s soccer tournament in a penalty shootout Friday.

Diagnosis: Jerk.

I remember the first time I ever heard a representative of a losing team use the old “the best team didn’t win today” line.

It was 1967, the best summer of my life, when I spent my last carefree teenage school break following the greatest pennant race in baseball history. My team, the Boston Red Sox, were the surprise underdog in an amazing, see-saw four team race that had its outcome in doubt until the bitter end. The Sox, led by MVP and Triple Crown winner Carl Yasrtzemski, entered the final series at home against the first place Minnesota trailing by a single game. It was a two game series. If the Red Sox won both, they would be American League Champions after nearly 20 years of losing.

They did win both. I was at one of the games, among the most hopeful, raucous, joyous baseball crowd I have ever had the honor to be part of. Both games were hard fought, with surprising twists and turns like the whole season. Still, the Sox won. I was so proud of that gutsy young team, which I had rooted for through every nail-biting inning—the team was nicknamed “The Cardiac Kids”—of their 162 games, and never more happy going to bed after enduring a crucial, nerve-wracking contest.

The next day, I read in the sports pages a post-game statement by Twins pitcher Jim Kaat, who had started the game I attended. He said, “We’ve got to give Boston credit,but I think the best team and the best fans will be watching the Series on television.”

I thought it was an astonishingly  graceless and obnoxious quote by a losing athlete, the epitome of bad sportsmanship, and stupid to boot. If the Twins were so damn great, why were they ending the season tied (with the Tigers) for second place? By definition, the team that ends a season with the best record is the best team, and the team that loses the decisive game has proven that it is not the better team.

Solo’s statement was worse. Continue reading →