Ethics Alarms Award Nominee

The Irony Of Wikileaks: Yes, It Is Despicable…But It’s Still Useful To Know That PBS, Ben Affleck And Prof. Henry Lewis Gates Are Despicable Too.

/ Jack Marshall / 23 Comments
Batman is ashamed of you, Ben...

Batman is ashamed of you, Ben…

Once a secret is out, it isn’t a secret any more. Once privacy is shattered, it’s gone: that egg can’t be put back together again. I wish Sony’s e-mails hadn’t been hacked: everyone who isn’t operating under a policy that mandates that their communications must be archived and available for media and public examination, like, oh, say, Hillary Clinton, has a right to have private business and personal communication.

Julian Assange is a fick, and an uncommonly arrogant one. He encourages, aids and abets the theft of proprietary information in the interests of world anarchy, which is in the interests of nobody. So let’s see now…North Korea hacks Sony to chill our First Amendment rights, and Wikileaks helps magnify the damage by spreading private e-mails and documents far and wide.

Yechhh.

But it’s all out there now, and there is no virtue in averting our eyes and plugging our ears. There is a lot of unethical conduct exposed in those 30,000 documents and 170,000 emails hacked from Sony, and while the means by which it was exposed was illegal and wrong, we should still learn from what is now public information.

The fact that PBS and Harvard prof Henry Louis Gates Jr. can’t be trusted, for example, is good to know. Continue reading →

Wait…WHAT? Where Does A Law School Get Off Ordering Students Not To Talk About George Clooney’s Wife?

/ Jack Marshall / 7 Comments
Of course, Columbia could order Amal from not dressing like this, but that would be outrageous.

Of course, Columbia could order Amal from not dressing like this, but that would be outrageous.

Every day, I am more amazed that I got through my formal education without being suspended, expelled or arrested.

From the New York Times:

At 10:30 a.m. on Monday, Amal Clooney walked into Classroom 103 in William and June Warren Hall at Columbia Law School. The human rights lawyer and wife of the actor George Clooney …was by herself, far from the tangle of paparazzi who gather outside the Carlyle hotel, where the couple are staying while Mr. Clooney is in town making “Money Monster,” a film directed by Jodie Foster and co-starring Julia Roberts. Ms. Clooney, 37, greeted a man preparing slides for the class in human rights for which she is a guest lecturer this spring. As she spoke, passers-by peeked at her through the sliver of glass in the door. If anyone had thoughts to share about Ms. Clooney, they weren’t talking.

“We are under strict orders not to discuss her or anything about her class,” said a student who declined to give her name. A representative from the law school politely asked a reporter to leave.

What? WHAT? Columbia University can’t “order” students not to talk about a professor! How did they get the idea that they could, or that it was appropriate to try? Of course, Columbia of late has shown less than a sterling respect for the values of academic freedom and the Bill of Rights. Still, this is pure abuse of power.

WHAT? What kind of jello-spined, ignorant, submissive worm are they admitting to Columbia who would accept such outrageous “strict orders”? [ Well, we do have some strong indications…] I couldn’t care less about Ms. Clooney, but if my law school said that to me, I’d hold a press conference.

WHAT? Why  does this woman, who voluntarily thrust herself into the limelight, warrant special privileges that justify restricting a law school’s students right to talk about anything they want to?

University classes have been taught for more than a century by men and women with far more impressive accomplishments and greater fame than Amal Clooney. Shouldn’t Columbia be combating celebrity culture rather than catering to it?

Any students who meekly accept such restrictions on their speech and autonomy are too craven to be trusted to practice law, and no institution that would demand such restrictions should be trusted to teach them.

________________________

Pointer: Above the Law

Facts: New York Times

Once Again, We Are Reminded That Beauty Is Only Skin Deep. Do ESPN Viewers Care? Should They?

/ Jack Marshall / 30 Comments
Let me tell you, it's quite a shock when Britt's head spins around and that forked tongue starts flecking...

Let me tell you, it’s quite a shock when Britt’s head spins around and that forked tongue starts flecking…

Anyone who spends much time watching TV knows that “lookism” is the way of the world in the broadcast news business. From Nora O’Donnell on ABC to Robin Meade on HLN to Erin Andrews and the bevy of Fox blondes, it is obvious that if you are female, talent as a reporter won’t get you as far as some beauty contest creds. Plain, even conventionally pretty women are  at a great competitive disadvantage in this field.

One of the more blatant beneficiaries of this bias, ESPN’s Brit McHenry, has just been outed on the web as an ugly human being in a flashy disguise. Her car was towed, and a camera caught the reporter taking out her frustration on the poor clerk who was tasked with collecting her fee.

“I’m in the news, sweetheart, I will fucking sue this place,” McHenry says as the video opens.“Yep, that’s all you care about, is just taking people’s money,” she continues. “With no education, no skillset, just wanted to clarify that. … Do you feel good about your job? So I could be a college dropout and do the same thing? Why, cause I have a brain and you don’t?…Maybe if I was missing some teeth they would hire me, huh? ‘Cause they look so stunning … ‘Cause I’m on television and you’re in a fucking trailer, honey.”

“Lose some weight, baby girl,” she taunted as she left.

Yecchh. Continue reading →

Iowa’s Kirkwood Community College Imprisons Its Students In Deference To Hillary Clinton

/ Jack Marshall / 72 Comments
"This is a great community college, you know?"

“This is a great community college, you know?”

I’m willing to entertain the notion that the exigencies of the situation may have justified Boston’s police ordering citizens to stay in their homes during the dragnet for the Boston Marathon bombers in 2013, Barely. Still, the explosion of extra-legal, unconstitutional abuses of power by national and state governments during the Presidency of Barack Obama is profoundly troubling, and even more so is the complacency of the public and media when it occurs.

Yes indeed, I see this particularly frightening fish-rot as being initiated from the head in the White House, who has embraced the governing theory that if consensus and compromise on desired measures, laws and policies can’t be achieved under the Constitution’s formula, do it anyway. This isn’t strength, you know. It is weakness, the desperate resort of an unskilled executive with contempt for democracy. Under this administration, we have seen a President and a Justice department refuse to fulfill their duties and defend a duly passed and signed law that they just didn’t like (DOMA). Wrong. We have seen a President unilaterally amend his own sloppy health care law because he knows that if he tried to fix it legally, the Congress would gut it. Wrong. We have seen Obama repeal immigration restrictions by executive order, and declare that the Senate was in recess in order to avoid the bother of getting legally mandated  confirmation of his appointments—that one, at least, was struck down by the Supreme Court.

The cumulative effect of all of this is gradually increasing public tolerance for official breaches of the rule of law, at all levels of government, and by private entities too. I believe that that this threatens the democratic culture, and I do not understand why progressives are not as outraged by this development as moderates and conservatives. Do they really think that having allowed Constitutional protections to erode so their precious agenda can be advanced, those protections will be suddenly vigorous again when their adversaries have the upper hand? What utter, utter fools:

The sickening effect of this complacency was on display at Kirkwood Community College in Monticello, Iowa, where Hillary Clinton spoke yesterday. Students told reporters that the Secret Service locked them in their classrooms as the Democratic presidential candidate arrived. Continue reading →

Ethical Quote Of The Month: Sgt. Shane Ortega

/ Jack Marshall / 84 Comments

Trans Military Service Member

“You have to exercise patience with people, but people are not going to understand the subject overnight.”

—-Sgt. Shane Ortega, helicopter crew chief in the Army’s 25th Infantry Division, speaking to the Washington Post about his legal battle with the U.S. military, which continues to classify him as a woman despite his transition to a man.

The reason we say that “hard cases make bad law” is that the toughest cases fall between the cracks in rules and regulations, and they all have cracks. The law seeks consistent precedents, so anomalous fact patterns threaten the integrity and efficiency of otherwise effective laws and rules that work well in the vast majority of situations. Yet those hard cases usually indicate flaws in policies, rules and laws, and sometimes point to the need for change.

Often, an organization, especially a bureaucratic one like the military, will deal with such disruptive cases by simply looking past the actual facts, and treating them “by the book.” Ortega represents a particularly glaring instance of this phenomenon, which in his case not only harms his career, but also makes the military appear rigid to the point of absurdity.

Yet, as his Ethical Quote of the Month indicates, he understands. Change is painful, and it takes time. Continue reading →

Our Child-Abusing Schools: Prosecution For A Prank

/ Jack Marshall / 26 Comments
"You changed your grade on the school computer, kid--that's the death penalty!"

“You changed your grade on the school computer, kid–that’s the death penalty!”

In Holiday, Florida, Paul R. Smith Middle School eighth-grader Domanik Green was suspended for breaking into the school computer system to  change the background on his teacher’s computer to feature a photo of two men kissing. Then school administrators decided that the punishment wasn’t enough. They had him charged with the felony of computer hacking, and the fourteen year old will be tried as an adult.

The only explanation I can come up with for stories like this is that the school administrators don’t like kids. This wasn’t some sophisticated hack, like the stuff Matthew Broderick did in “War Games.” He knew the teacher’s password (his last name), and just changed the background. Changing a teacher’s background on his computer is the 21st century equivalent of putting an uncomplimentary caricature of the teacher on the blackboard. Charging a teen with a felony for that is excessive and cruel.  Putting in his own claim to a share of the Fascist Disciplinarian of 2015 award was Pasco County Sheriff Chris Nocco, who blathered, “Even though some might say this is just a teenage prank, who knows what this teenager might have done.”

Better shoot him, Chris, just to be safe. Continue reading →

Now THAT Was Moral Luck…

/ Jack Marshall / 9 Comments
"What the HELL do those idiots think they are doing with that poor kid???"

“What the HELL do those idiots think they are doing with that poor kid???”

Moral luck is the daily phenomenon where the exact same irresponsible  act by an individual can be regarded as cause for condemnation or even criminal penalties, or be shrugged off as a forgivable error in judgment and inconsequential based on turns of fate that the individual has no control over at all. You will see few better examples than this ridiculous story out of Cleveland. Parents visiting the Cleveland zoo dangled their 2-year-old son over the railing of the zoo’s cheetah exhibit,  then dropped the child, apparently accidentally, into the enclosure.The cheetahs wisely decided that the offspring of idiots might not be safe to eat, and made no effort to harm him. The boy’s father rescued the boy by jumping into the exhibit area and taking his son to safety. The boy was injured slightly, but it is likely that the incident will be  treated as an accident, with no consequences for the parents. If, however, the cheetahs had attacked and killed the toddler, the parents would have been prosecuted, and condemned across social media as contenders for worst parents of the year.

It was all up to the cheetahs.

That’s moral luck.

Unethical Quote Of The Week: Cartoonist Garry Trudeau

/ Jack Marshall / 14 Comments
The exquisitely rendered artwork of Gary Trudeau, circa 1970.

The exquisitely rendered artwork of Gary Trudeau, circa 1970.

“At some point free expression absolutism becomes childish and unserious. It becomes its own kind of fanaticism.”

—-Doonesbury cartoonist and relentless critic of the Right, Garry Trudeau, in a speech delivered on April 10 at the Long Island University’s George Polk Awards ceremony, where he received the George Polk Career Award.

Trudeau is a Yale grad, so perhaps we should cut him some slack muddled thinking. (Kidding!) However, in making his weak case that legitimate and socially acceptable satire only consists of “punching up,” he appeared to be advocating government prohibition of certain kinds of speech, to be designated by Trudeau and his ideological allies, who, of course, know best.

In doing this, Trudeau came very close to aping the popular theme from activists on the Left, especially on campuses, that “hate speech isn’t protected by the First Amendment.” “Hate speech” is an invention of progressives, and is generally defined as political or social criticism of members in good standing of their club, or groups and individuals they sympathize with or approve of.  Saying that you hope Rush Limbaugh’s kidneys fail is funny and deserved;  saying Mike Brown engineered his own demise by attacking a cop is hate speech. It’s easy when you get the hang of it: just look at the world like Gary Trudeau.

Earlier in his speech, he talked about “red lines” in satire, and blurrily–that is, inarticulately enough that he has plausible deniability, called for restrictions on “hateful” cartoons like those that prompted Islamic assassinations in Paris: Continue reading →

Ethics Dunce: Major League Baseball

/ Jack Marshall / 25 Comments

RalphieI just learned, via TV ad, that the fantasy sports company DraftKings is endorsed by Major League Baseball.

MLB needs to rethink that. The commercial I watched just concluded with the promise that if you play fantasy baseball using DraftKings, “You could win a ship-load of money!”

Stay classy, MLB. Why in the world would any sport that is trying (not so successfully, I may add) to attract more kids as fans and encourage families to go to the ballpark ally itself with a company that advertises itself during major league baseball games with dumb, gratuitous potty-mouth crudeness like that? It’s not clever. It’s not witty. Anyone who thinks that it’s funny is 12, Adam Sandler, or a moron. It’s rude, that’s all.

Professional and trustworthy operations, including sports, choose partners that are professional too. This advertising equivalent of fart jokes reflects horribly on the sport, and the people who run it.

And, I may add, the advertising industry. The wit who thinks “a ship-load of money” is a real come-on is probably the same slob who gave us Verizon’s “half-fast” internet ads.  At least that one was original: this Noel Coward-worthy play on words is the same low-life effort that K-Mart embarrassed itself with in its“ship my pants” ads in 2013.

We all have to swim in this water we call a culture, and this is the equivalent of pissing in the pool. We should be able to expect better from baseball.

 

Rationalization #30 (“It’s a bad law/stupid rule”) Chronicles: Vijay Chokalingam’s Affirmative Action Fraud

/ Jack Marshall / 14 Comments

Affirmative Action

Actress Mindy Kaling, whom you might know from the sitcom she created and now stars in called “The Mindy Project,” has a brother who has exploited both his relationship to his famous sister and an ethically indefensible fraud to gain some momentary fame and perhaps a book deal. Vijay Chokalingam has revealed that 17 years ago he gained acceptance to St. Louis University’s School of Medicine by falsely representing himself as an African-American.

On his new website, Almost Black, Chokalingam explains,

In my junior year of college, I realized that I didn’t have the grades or test scores to get into medical school, at least not as an Indian-American. Still, I was determined to become a doctor and I knew that admission standards for certain minorities under affirmative action were, let’s say… less stringent? So, I shaved my head, trimmed my long Indian eyelashes, and applied to medical school as a black man. My change in appearance was so startling that my own fraternity brothers didn’t recognize me at first. I even joined the Organization of Black Students and started using my embarrassing middle name that I had hidden from all of my friends since I was a 9 years old.

Vijay the Indian-American frat boy become Jojo the African American Affirmative Action applicant to medical school….I became a serious contender at some of the greatest medical schools in America, including Harvard, Wash U, UPenn, Case Western, and Columbia. In all, I interviewed at eleven prestigious medical schools in 9 major cities across America, while posing a black man.

Continue reading →