Civility, decorum, dignity, role model obligations, leadership, high standards…never mind all that elite stuff. Just keep catering to the boors, the clods, and the vulgar jerks. I’ll admit, there are a lot of them
Stay classy, Sarah.
Ethics Alarms Award Nominee
Unethical Quote of the Month: Patriots Quarterback Tom Brady
“This isn’t ISIS. No one’s dying.”
––New England Quarterback Tom Brady, in the course of denying culpability in the latest New England Patriots cheating scandal.
Tom Brady now joins the Ethics Alarms Rationalization Spouter’s Hall of Fame, which I just started. You just can’t embody Rationalization #22, Comparative Virtue, or “It’s not the worst thing” any better than this obnoxious attempt to minimize the significance of Deflategate.
That’s the way to teach the kids to be fair competitors and good citizens, Tom! And does a star athlete whose attitude regarding cheating in his profession amounts to this fill you with trust in his integrity, honesty, and sportsmanship?
Not me.
The Personal Injury Lawyer’s Sex Doll Ad: Stupid! Funny! But Unethical?
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
Sen. Gillibrand’s State of the Union Guest
Emma and her mattress: actually, many of the other attendees at the State of the Union would have loved to have had a mattress…
I was considering framing this as an either/or ethics quiz, with Sen. Gillibrand (D-NY) inviting Emma Sulkowicz, a Columbia student who continues to harass the student she accused of rape despite her allegations being judged, by the school and police, as unprovable to the State of the Union, being compared to Speaker John Boehner’s in-your-face invitation of Israel Prime Minister Benjamin Netanyahu to address a joint session of Congress about Iran. I don’t like either of the moves: both are unethical in different ways. I can at least devise an argument for Boehner, however. I don’t see how anyone can excuse Gillibrand, who is essentially accusing a young man of rape when she has no direct knowledge of what happened.
Columbia student Paul Nungesser was found “not responsible” for sexually assaulting Sulkowicz, Since that official determination, Sulkowicz has been carrying a mattress around the university as “an art project” to protest Nungesser’s success at defending himself. When he learned that the Senator had injected herself into the controversy, he told reporters,
“I am shocked to learn that Senator Gillibrand is actively supporting Ms. Sulkowicz’s defamation campaign against me by providing her with a public forum in which to broadcast her grave allegation. By doing so, Senator Gillibrand is participating in a harassment campaign against someone who, for good reason, has been found innocent by all investigating bodies.”
Yup, I’d say that’s a fair interpretation. He continued,
“Sulkowicz’s accusation is untrue and unfounded: I have never sexually assaulted anyone. This is why Columbia University after seven months of detailed investigation in November 2013 found me to be not responsible…I voluntarily let myself be interviewed by DA chief of Sex Crimes at SVU in New York City, in August 2014. Shortly after this interview, the DA’s office informed me that they decided not to pursue the case further.”
Sulkowicz decided not to pursue the criminal case any further. She just took the alternative action of setting out to hound, harass, accuse, stigmatize and embarrass Nungesser as “art.” Continue reading
An Amazing Case Study On How Bias Makes Us Stupid
Bias makes you stupid. It interferes with our objective judgment, makes us unreasonable and unfair, leads to poor decisions and the loss of the respect of others. Seldom will one see a more striking example than the current post on The Daily Kos, the unhinged far left website, by earnest, progressive, biased and struck-stupid commentator Mark E. Anderson.
Republican Gov. Scott Walker of Wisconsin is a potential Republican presidential contender who is hated by progressives with an unseemly passion for his successful vanquishing of public employee unions in a traditionally liberal state. He never graduated from college: he left the University of Marquette in his senior year to take advantage of a business opportunity, and never looked back. Good for him.
In a recent interview, addressing his lack of bachelors degree, Walker said,
“I’ve got a master’s degree in taking on the big government special interests, and I think that is worth more than anything else that anybody can point to.”
Deflategate Ethics Verdict: Prove It, Then Ban Bill Belichick
It looks as if New England Patriots head coach Bill Belichick cheated…again. If the NFL cared about such mundane matters as integrity, fairness, honesty and ethics, it would take the kind of appropriate action any other organization is obligated to take when the evidence shows that a high-performing member of the organization is a rotten apple: throw him out, or at least discipline him and his team severely.
Will the NFL do this to the most successful play-off head coach in its history?
Don’t make me laugh. Continue reading
Facebook’s Unconstitutional News Hoax Policy
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
The Destructive, Useful, Unethical Presumption of Bigotry, Part 2: The Oscar “Snub”
For the second time in nearly two decades, and for the first time since 1998, the Oscars will be awarded to only white acting nominees. This, then, if you listen to the caterwauling race-baiters, is because Hollywood is racist. The Academy’s voters just hid it well since 1998, that’s all. Does that make any sense to you?
There are few more infuriating and transparently illogical examples of an unfair slapping down of the race card than looking for bigotry in the notoriously arbitrary, bias-soaked, essentially meaningless choices for “best” in the various Academy Award movie-making categories. Yet the race card sharks were up to the task. Naturally, the authority on the subject was Al Sharpton, he whose own performance quality on his MSNBC TV show is so amateurish that it would be shut out in any community theater awards.
“In the time of Staten Island and Ferguson, to have one of the most shutout Oscar nights in recent memory is something that is incongruous,” Sharpton told The Daily News. Wait, what??? Incongruous is the assertion that the nominations for film-making excellence should be influenced in any way by how many blacks are killed resisting arrest. Anyone who finds that to be a logical argument for why more black actors should have been nominated for Oscars is useless to any rational discussion of the issue. I want a show of hands. Continue reading
Comment of the Day: “A Failure To Understand Legal Ethics Kills”
It shouldn’t shock anyone to see yet another Comment of the Day here authored by texaggo4. He has been the most prolific commenter—other than me, and he’s ahead of me so far in 2015— since the legendary tgt went into voluntary keyboard retirement, and has led all visitors in commentary the past two years. Last year, he contributed a staggering 3, 048 comments, more than twice as many as runner-up Steven Mark Pilling, who was hardly a piker with 1,082. (The rest of the top five: Ablativemeatshield/Scott Jacobs close behind at 1, 079—he would have finished #2 if he hadn’t quit the field in a pro-pot snit; Beth, with 881, and dragin-dragon at 809. Thanks, everyone, and all other commenters too. That’s a lot of quality content, some of the best on the web anywhere.)
The list is especially relevant to this COTD, as tex rebuts an accusation of “Armchair quarterbacking” against Beth from new commenter gokafilm. Beth had offered a comment to the post about Tampa lawyer Gienevee Torres, who called 911 to report a deranged client—he was wearing pajamas and thought she was God– who had just left her office with his 5-year-old daughter after making an ominous comment. The police decided that the man was harmless despite her warning, and the man eventually dropped the girl off a bridge. Beth wrote:
“I am furious at this lawyer — not the police. She should have said something like, “Yes, I am God. He commands you to give me your child and leave my office now and run to the nearest hospital.” I would have happily stood before the Bar Committee defending my actions if it meant that I had saved a child’s life.”
Gokafilm replied:
Easy to say Beth from the safety of your home/office/wherever. She had to be concerned for her safety and her staff as well. This most likely is a split second decision. Get the individual out and call the authorities…Did she not have a responsibility to herself and her staff to consider their safety as well? What’s to say he wouldn’t have harmed them if they forcibly tried to keep the girl. This lawyer did the right and only thing she could have. Got the individual out of her office, and contacted both 911 and DCF in order to protect the child. Any other conclusion is merely arm chair quarterbacking from the safety of your computer screen.
Another term for “armchair quarterbacking” is hindsight bias, the tendency to judge a difficult decision unreasonably harshly when it doesn’t work out well. “Obviously” conduct is “wrong” after the results are known. My response to Beth’s comment was that the whole, horrible incident was moral luck: if the lawyer had done the same thing and the girl had been rescued as a result of her violating client confidentiality, everyone would have said that her actions were appropriate and even heroic.
On the other hand, post-event analysis is invaluable; this website is based on it. The argument that nobody should criticize an individual’s conduct “unless he’s walked a mile in his shoes” is a lazy cop-out that impedes cultural wisdom and learning from the mistakes of others. I don’t completely agree with many, perhaps most, Comments of the Day, but I concur with this one.
Here is texaggo4’s Comment of the Day on the post, A Failure To Understand Legal Ethics Kills: Continue reading
Ethics Hero Emeritus: Irena Sendler (1910-2008)
I missed learning about the death of Irena Sendler (Irena Sendlerowa) in 2008, and this occurred because the mass news media barely took note of it. Lots of celebrities died that year whose passing prompted extended mourning in the press and examinations of their legacies: Paul Newman, Heath Ledger, Sir Edmund Hillary (a member of the Ethics Alarms Heroes Hall of Honor), Charlton Heston, Aleksandr Solzhenitsyn, and many others. There was no room for a final appreciation of the life of Irena Sendler, apparently. Today, the website Bio.com doesn’t list her among the notable deaths of that year, though it finds room for Fifties stunt singer Yma Sumac—remember her? She had a four octave range! And Arthur Showcross: he murdered 11 women from 1988 to 1990 in upstate New York, earning the nickname “The Genessee River Killer.”
All Irena Sendler did was save 2500 children from the Treblinka death camp. Continue reading
Ethics Alarms 