Law vs. Ethics: A Snatched Bar Mitzvah Gift, A Leaky AG, An Embarrassing Scoreboard, and”OINK”

Oink

I try to keep my legal ethics seminars up-to-the-minute, so while preparing for yesterday’s session with the Appellate Section of the Indiana Bar, I came across a bunch of entertaining stories in which the ethics were a lot clearer than the law, or vice-versa. All of them could and perhaps should sustain separate posts; indeed, I could probably devote the blog entirely to such cases.

Here are my four favorites from the past week’s legal news, involving a mother-son lawsuit, a brazenly unethical attorney general, a college scoreboard named after a crook, and police officer’s sense of humor: Continue reading

KABOOM! Political Correctness Makes The University Of Tennessee Go Nuts!

headexplode

This isn’t a joke. I wish it was. If it was a joke, I wouldn’t need a rag on a long stick to wipe my brains off the ceiling.

The University of Tennessee told its staff and students to stop calling each other ‘he’, ‘she’, ‘him’ and ‘her’, in order to “alleviates a heavy burden for persons already marginalized by their gender expression or identity. Instead they are to start referring to one another with terms like ‘xe’, ‘zir’ and ‘xyr.’  Like this…

gender-pronouns

Yes, they are quite, quite mad. If any UT student is still sane enough to understand how batty this is, in the sage words of the Amityville House,

“GET OUT!!!” Continue reading

Ethics Verdict: The New York Daily News WDBJ Shooting Front Page Isn’t “Tasteless” or Unethical; It’s Journalism

Virginia shooting

Honestly, I don’t get it. The horrible photos of the exact moment deranged racist Vester Lee Flanagan opened fire on Alison Parker convey what happened in specificity and clarity that no mere verbal description could. If your issue is gun violence, this shows it. If you want to see and understand what tragedy is “up close and personal” and even if you don’t want to understand it, this is how we learn. The furious criticism being focused on the Daily News is traditional Daily News hate, as far as I can determine. That paper has been criticized for having the guts to show raw images for a century now: one of its first outrages was a surreptitious photo of murderess Ruth Snyder being electrocuted:

Snyder_chair

Now that photo is history. Today’s front page will be history too.

At the journalism ethics site of the Poynter Institute, Kelly McBride, Poynter’s vice president for academic programs and a media ethicist, argues against using the unedited pictures, saying that “the problem with it is that it a deeply intimate image. It is a moment of someone’s death.”

You mean like….. this?

Nagasaki

That’s just thousands of people being incinerated in Nagasaki, but from a distance, so it’s tasteful, is that the idea? Well, what about this award winner… Continue reading

Comment of the Day #2: Advice From A Father To His Hypothetical College Freshman Son, In Reaction To “Ethics Observations On The Old Dominion University Signa Nu Fraternity Freakout”

Judge Hardy would have approved.

Judge Hardy would have approved.

As with the first Comment of the Day posted today, Steve-O-in-NJ  takes an Ethics Alarms essay in a new direction, as he uses my post about Old Dominion University’s treating an ill-considered episode of frat boy sexual innuendo as the equivalent of threatened rape and sexual violence. His Comment of the Day is his advice to a college-entering hypothetical son, in light of the dangers inherent in the modern campus culture.

It also begins with an assertion that is vital but that none of the Presidential candidates—or the President— discussing the issues of student loans and the cost of college ever seem to make, which is that the purpose of college is to learn to think, become educated, broaden intellectual horizons and be socialized as a blossoming adult and productive citizen. Instead, we, and they, are told that a degree is essential to get a job and make as much money as possible, regardless of whether or not that piece of paper stands for any increased knowledge and skill. Often it doesn’t. Usually it doesn’t. It was over this issue—promoting education as a work credential rather than as a life enhancement and necessity—that I resigned as president of an education promoting non-profit many years ago. The situation has only gotten worse since. This warping of purpose also warps student ethics: if the piece of paper is without substance, why not cheat to obtain it?

Here is the Comment of the Day by Steve-O-in-NJ on the post Ethics Observations On The Old Dominion University Signa Nu Fraternity Freakout: Continue reading

Comment of the Day #1: Ethics Quiz: The Looney Tunes Cartoon Disclaimer

coonsongs

The Looney Tunes post was the latest in along line of those that I never anticipated provoking the rich discussions that they have, and this fascinating post by SamePenn really took off into an unexpected direction—ragtime and racist songs—that is  still relevant to the post. Just read, enjoy, ponder and learn; I did.

Here is SamePenn’s Comment of the Day, and there’s a second COTD coming,  on the post, Ethics Quiz: The Looney Tunes Cartoon Disclaimer: Continue reading

Ethics Mystery: What Was So Wrong With Curt Schilling’s Muslim Tweet?

schilling-tweet

ESPN pulled former baseball pitching star Curt Schilling from its Little League broadcast team yesterday after becoming aware of his tweet above, saying in a statement:

“Curt’s tweet was completely unacceptable, and in no way represents our company’s perspective. We made that point very strongly to Curt and have removed him from his current Little League assignment pending further consideration.”

Schilling then tweeted this apology: “I understand and accept my suspension. 100% my fault. Bad choices have bad consequences and this was a bad decision in every way on my part.” This appears to be a #1 on the Ethics Alarms Apology Scale...“An apology motivated by the realization that one’s past conduct was unjust, unfair, and wrong, constituting an unequivocal admission of wrongdoing as well as regret, remorse and contrition, as part of a sincere effort to make amends and seek forgiveness.” 

If I had delivered it, however, it might have been a #7: “A forced or compelled version of 1-4, in which the individual (or organization) apologizing may not sincerely believe that an apology is appropriate, but chooses to show the victim or victims of the act inspiring it that the individual responsible is humbling himself and being forced to admit wrongdoing by the society, the culture, legal authority, or an organization or group that the individual’s actions reflect upon or represent.”

What was it exactly that Schilling’s tweet showed, implied, suggested or stated that was” completely unacceptable,  in no way represent ESPN’s  perspective, and that justified his employer’s action? Curt Schilling is an inquisitive, politically active and opinionated man, and has always annoyed sportswriters because 1) he’s openly conservative 2) he’s a devout Christian, and isn’t shy about talking about it, 3) he can write and speak coherently and was capable, while playing, of challenging their criticism, and 4) he’s a lot smarter than most of them. I am assuming in this inquiry that nothing in Schilling’s contract or agreement with ESPN restricted his right to express non-sports opinions on his own time.

Here are some possibilities: Continue reading

To The Unethical And Biased News Media: There Are Plenty Of Legitimate Ways To Expose Donald Trump, So Why Are You Cheating?

"Go visit that Loughner guy and see if you can get him to endorse Trump...

“Go visit that Loughner guy and see if you can get him to endorse Trump…

I’m really getting annoyed at unethical hacks—you know, journalists—forcing me to defend Donald Trump. Really, guys, if you can’t do this jerk in by reporting the facts and doing fair commentary, it’s time to send an application to Home Depot.

The fact that someone at a Donald Trump rally shouted out “White Power!” is no more significant or newsworthy than if someone shouted “Give peace a chance!”,  “Kilroy was here!” or “Tippecanoe and Tyler too!” One person? Or even if it was six, or ten, so what? Maybe he was a Democratic plant. Maybe he was a Rand Paul plant. Maybe he was nuts, and maybe he was a white power advocate, so what? What control does Trump have over who comes to his rallies? Yet the news media is treating this one shouted idiocy like it’s a smoking gun. 

Now the game is to see how many loathsome individuals the news media can find who will say they support Trump. using basic cognitive dissonance against him rather than facts, substance, or legitimately relevant issues.  The Daily Kos looked under a rock and found a David Duke nod to Trump: pathetic. “Have you no sense of decency?” Pure guilt by association, and the worst kind: there isn’t even any real association there. Let’s see who else they can get to endorse Trump. Dylann Roof? Bernie Madoff? Jared Fogel? Lance Armstrong? George Zimmerman? Casey Anthony? Satan? Continue reading

More E-Mail Deception From State: Does Anybody Care? Well, I Do. And You?

Another day, another Hillary advisor, another scandal...

Another day, another Hillary advisor, another scandal…

The private server of Hillary Clinton isn’t the only intrigue going on the should make us wonder just how corrupt our leaders and aspiring leaders are. There has been a new development involving another set of emails that should cause public outrage and alarm…if the news media had the integrity to report on it.

In 2012, Gawker filed a Freedom of Information Act (FOIA) request asking the State Department to produce e-mails related to Deputy Assistant Secretary of State Philippe Reines (now a top Hillary Clinton adviser) and his contacts with  thirty-three listed media outlets. Reines was involved in an intemperate email exchange with Gawker journalist Michael Hastings in which he told Hastings to “fuck off;” naturally Gawker, being Gawker, wanted to dig up dirt on him.

[It’s a side issue, but any high ranking government official  that tells any journalist to “fuck off” should be forced to apologize and be punished or sacked.  This just one more example of the Obama Administration’s aversion to accountability and management competence.]

The U.S. State Department officially stated in 2013 that there were no such emails, reporting that “After a thorough search . . . no records responsive to your request were located.”

Last week, after a federal judge demanded a“court-ordered status report,” Justice Department lawyers, reporting on behalf of the State Department, announced that the previous statement was a teeny bit off. The State Department had found of “5.5 gigabytes of data containing 81,159 emails of varying length” sent or received by Reines, of which about 17,855, or 22%, were relevant to the initial FOIA request.

Wait…what?? Continue reading

Ethics Observations On The Old Dominion University Signa Nu Fraternity Freakout

It is times like this when I wonder if my theory that ethics evolves toward wisdom may be excessively optimistic.

In Norfolk, Virginia, Old Dominion University officials went bananas when a fraternity engaged in randy verbal hijinks of questionable taste at its off-campus home across the street from the institution. ( “Hijinks of questionable taste” is synonymous with “acted like a fraternity.”) Some frat boys hung painted bedsheets as banners to welcome incoming freshmen co-eds, thusly:

Fraternity

Well, THE HORROR!

ODU’s leadership responded to the tomfoolery by issuing the following statement:

“Messages like the ones displayed yesterday by a few students on the balcony of their private residence are not and will not [be] tolerated. The moment University staff became aware of these banners, they worked to have them removed. At ODU, we foster a community of respect and dignity, and these messages sickened us. They are not representative of our 3,000 faculty and staff, 25,000 students, and 130,000 alumni.

Ours is a community that works actively to promote bystander intervention and takes a stand denouncing violence against women. The ‘It’s on Us’ video is just one example of ODU students’ leadership on this topic. In addition, the University ensures all students receive education on the prevention of sexual harassment and relationship violence.”

Old Dominion’s Student Government Association also issued their own verbal condemnation of the incident. They filmed a video directly addressing the banners and stated: Continue reading

NO NO NO Children, Buzzfeed: You May NOT Do This, For It Is Creepy And Unethical

An unethical cascade...

An unethical cascade…

Before we commence, I do want to thank all of you are keeping me away from Hillary and Trump with more horrible ethics stories than I can keep up with.

Now that I’ve got that over with:

In what warped, sick universe is this kind of thing considered ethical?

Gad. It’s a veritable unethical cascade:

First, high school students takes surreptitious photos of their teachers while they should be, you know, getting educated…

Second, the students post the photos, which have not been consented to by the teachers, on Instagram…

Third, the students add salacious or otherwise provocative comments about the teachers as objects of their lust…

Fourth, the bottom-feeding website BuzzFeed picks up the photos and puts them in a feature called “13 Really Hot Teachers That Will Have You Begging For Detention.”…

How unethical is this? Let me count the ways… Continue reading