Etiquette and manners

It Serves Me Right: I Don’t Watch The Super Bowl To Avoid Supporting The NFL As It Cripples Young Men, And Miss A Player Pretending To Poop A Football…

/ Jack Marshall / 35 Comments

doug-baldwin

Did you and your kids miss the magic moment in the Super Bowl when Seattle’s Doug Baldwin celebrated a touchdown by miming the act of crapping out a football? You may have, because the broadcast’s director, undoubtedly primed for Seattle’s various crotch-grabbing antics—this is the biggest family TV event of the year, don’t you know—was on the alert for something ugly and snapped his cameras away.

But Baldwin still did it, and everyone in the stadium saw it. There was a penalty, and now Baldwin has been fined $11,000, the equivalent of a jay-walking ticket, the smallest fine for on-field misbehavior there is in the NFL. I tried to imagine, as a baseball fan, what would have happened in the World Series if, say, Pablo Sandoval had pretended to poop on home plate after scoring a key run. My guess is that he would have been thrown out of the game, suspended, fined, and instantly reduced his value as a free agent by 30% or more. Last season, Jonathan Papelbon, a moron, grabbed his crotch the way Seahawk Marshawn Lynch has been doing all season as he left a regular season game, was ejected, and suffered a wave of columns condemning him. How many columns have you read about Baldwin? See, the culture of football, and the standards of its fans, are so abysmal that a player embarrassing the league, the game, his team and the broadcast, not to mention parents watching the game with their children by pretending to poop out a football isn’t even a big deal now. After all, he didn’t cold-cock his girl-friend, beat a four-year old, murder someone, try to use doctored balls or deceive people into liquifying their brains: what’s the big deal? Continue reading →

Ethics Dunce: Sarah Palin

/ Jack Marshall / 22 Comments

FU MMoore

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 Mail Call: Mt. Holyoke Ditches “The Vagina Monologues” As “Non-Inclusive,” and the Misuse of Kindness

/ Jack Marshall / 20 Comments

VaginaI’m an ethicist who often writes on college controversies, and I make no secret about my double life in professional theater, so it figures that my inbox would include more than one query about Mt. Holyoke College’s decision to end its annual student performance of Eve Enlser’s “The Vagina Monologues” on the grounds that it is now admitting women without vaginas—I know, it’s confusing–who would feel excluded from what was supposed to be an inclusive experience and statement for the all-women’s school.

From Campus Reform:

The annual production of the play is part of a country-wide tradition to perform Eve Ensler’s Vagina Monologues on Valentine’s Day to raise awareness about gender-based violence and usually coincides with the V-Day campaign. The proceeds are donated to sexual assault prevention organizations or women’s rights organizations. This year, however, Mount Holyoke’s Project Theatre Board is defying tradition by permanently retiring the play. In a school-wide email from the Theatre Board, a representative from the group, Erin Murphy, explained the problems with the play and the reasoning behind its discontinuation.

“At its core, the show offers an extremely narrow perspective on what it means to be a woman…Gender is a wide and varied experience, one that cannot simply be reduced to biological or anatomical distinctions, and many of us who have participated in the show have grown increasingly uncomfortable presenting material that is inherently reductionist and exclusive,” the email, obtained by Campus Reform, said.

Replacing the play will be Mount Holyoke’s own version that will be trans-inclusive and fix the “problems” supposedly perpetuated by Ensler. Murphy also claims that there are problems with race, class, and “other identities” within the play. The new production, comprised of students’ monologues, will be performed in a fashion reminiscent of the feminist classic. The program will be performed alongside the College’s Peer Health Educators, an on-campus student-led group that provides education and workshops for students, including a workshop on how to use sex toys properly.

Continue reading →

Five Ethics Observations On The US’s Paris March Snub

/ Jack Marshall / 84 Comments

world-leaders-paris-march

In case you didn’t catch it, more than 40 world leaders joined the start of a Paris march for unity against terrorism and for freedom of speech, linking arms in a demonstration of solidarity. Even Netanyahu and Abbas were there! The Paris march may have included more than 1.6 million marchers before it was done, reportedly the largest demonstration ever. More than three million have now marched across France in response to the deaths of 17 resulting from extremist attacks in Paris last week, beginning with the executions of the staff of the satirical newspaper, “Charlie Hebdo.”

You would expect, and I am sure that the world expected, that the United States of America, reputedly the leader of the free world and the nation that most symbolizes the human right of free speech, would have participated in the event with enthusiasm, conviction, and prominence. But no. President Barack Obama did not come to Paris to join with his fellow world leaders. He did not send Vice President Biden either. Though Attorney General Holder was in Paris, he was not directed to attend the march, and did not.  The United States was only represented by its ambassador, who is not a world leader, and whose job it is to attend routine functions large and small.

Initially the criticism of the obviously intentional snub was muted, with the toadying mainstream news media, as has been its standard operating procedure since 2008, acting and speaking as if there was nothing amiss. Fox News, also as usual, was the exception, but since that network is isolated and pigeon-holed as a reflexive Obama critic “no matter what he does,” this was initially ignored as more right-wing carping. Then, to his great credit, CNN’s Jake Tapper took to Twitter to say  that he was “a little disappointed personally” at the lack of a strong U.S. presence, and in a later statement, escalating to saying that he “was ashamed.” He then wrote in an opinion piece…

“I find it hard to believe that collectively President Obama, Vice President Joe Biden, Secretary of State John Kerry, Secretary of Defense Chuck Hagel, Treasury Secretary Jack Lew and Attorney General Eric Holder — who was actually in France that day for a conference on counterterrorism — just had no time in their schedules on Sunday. Holder had time to do the Sunday shows via satellite but not to show the world that he stood with the people of France?

There was higher-level Obama administration representation on this season’s episodes of “The Good Wife” on CBS.”

Good for Jake Tapper, one of the few relatively objective broadcast journalists who is worthy of public attention and trust. Continue reading →

The Wall Street Journal Steals From A Blogging Lawyer…Luckily For Them, A Nice One

/ Jack Marshall / 3 Comments
A lawyer asks: Will Google Cars put me out of business? The Wall Street Journal asks: Why shouldn't we make money off your answer?

A lawyer asks: Will Google Cars put me out of business? The Wall Street Journal asks: Why shouldn’t we make money off your answer?

I always do a double-take when I see that someone has “re-blogged” a piece from Ethics Alarms. Unless there is something in my WordPress agreement that allows other bloggers to lift my work and publish it as their content without my permission—oh, who knows, there probably is—this is a copyright violation, but worse than that, it’s wrong. Apparently they think that if they give attribution, that makes everything fine. Why would they think that? I’m writing for my blog, not anyone else’s. If a blogger wants to reprint all, most or some of my commentary in order to critique it, that’s fine ( WindyPundit is doing this right now). But lifting all or most of my work to fill space on your website, without my permission? Not fair, and not ethical.

This just happened to personal injury lawyer and estimable blogger Eric Turkewitz, but the culprit wasn’t a blogger, it was the Wall Street Journal. It took his post about Google Cars and just slapped it into the print and online editions of the paper. “Lawyer Eric Turkewitz writes that self-driving cars will hurt the business of many personal-injury attorneys,” said the sub-head under “Notable and Quotable.” Hmmm. Usually a writer gets paid to write features for a newspaper. I guess just lifting copy without permission is “Fair Use.”

No, First Amendment expert Marc Randazza points out in his typically irreverent way, it isn’t:

In this case, the Wall Street Journal used 44% of Turkewitz’ post, with no additional commentary, criticism, or discussion.  The WSJ could have called Turkewitz a moron for his views, and quoted the whole thing (theoretically).  Or, the WSJ could have given approval, more discussion, or turned the article into piece of art, with spray painted Che Guevaras and stencils of Paris Hilton, as a commentary on Turkewitz, tomato soup, and golf, or whatever.  But, they didn’t do any of that.  

So lets look at the §107 [Fair Use]factors

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

The purpose and character of the use is certainly commercial and for profit. The WSJ sold its newspaper with Turkewitz’ work in it, and even put it behind its paywall online. Same exact use, except WSJ took what Turkewitz distributes for free, gathered it, and sold it.

The nature of the copyrighted work was Turkewitz’ original opinions and thoughts.

The amount and substantiality of the portion used? 44%. Pretty substantial. Remember, this is not dispositive, but if you used almost half of an original work, you better have a good reason.

The effect of the use on the potential market for the value of the copyrighted work? That’s sorta iffy. It isn’t as if Turkewitz sells his work. But, that is not a requirement. Turkewitz’ blog currency is readership. If you do some quick online searches for some of the content, sometimes the WSJ version comes up above Turkewtiz’ version. Not cool. Ultimately, the WSJ blew it here because they didn’t add anything to the original — they just lifted it and reposted it….

So the verdict? The Wall Street Journal is definitely guilty of copyright infringement for lifting a bloggers’ work without any justification.

It’s worse than that, however. Continue reading →

Ethics Quote Of The Day (Christmas Confusion File): Jonathan Turley

/ Jack Marshall / 9 Comments

“Best wishes to everyone celebrating Christmas.”

—- Law Professor and blogger Jonathan Turley, wishing at least some of his readers a merry Christmas.

Get ready to duck, Fred!

Get ready to duck, Fred!

Prof. Turley is a lawyer, of course, and trained to express himself with precision. Thus I have to ask: what the heck is he trying to say here?

Is he wishing good tidings only those who, like his family, are celebrating Christmas, and rotten times to the rest? Is he editing the humanist message of Christmas to “Peace on Earth, and good will to those who are putting up Christmas trees and giving gifts, other wise you’re on your own”?

Or, as I fear greatly, given the fact that he is part of the U.S. education establishment and thus prone to have a spine of cream cheese, just observing the trendy political correctness that infects our times, and bowing to those who contrive to take offense when anyone smiles at them and offers a greeting that only says, at minimum, “We’re all in this together, so let’s try to be as good to each other as we can, OK?” Continue reading →

I’m Dreaming Of A Zombie Christmas

/ Jack Marshall / 11 Comments

Zombie Nativity

I didn’t say it was a pleasant dream.

Hmmm, how should I describe this? I would say that a law is being used to violate the First Amendment rights of an unethical jerk who is intent on abusing them.

Or, in the alternative, Jasen Dixon may just be an idiot.

Sycamore Township, which is just outside Cincinnati, has responded to complaints by neighbors by applying various ordinances against Dixon’s unusual Nativity scene that he constructed in his front yard. It features life-size figures portraying Joseph and Mary as the walking dead, and a zombie baby Jesus, who has pale skin and pure white eyes. Here, here’s a close-up of Zombie Baby Jesus:

Zombie-nativity-scene

Awwwww!

Dixon suspects that the township laws, which prohibit structures in the front or the side yard of a residence that occupy more than 35 percent of its total area, and require that the primary structure must be 3 feet from the street and 6 feet from the dwelling, are really being selectively enforced against him because his holiday display offends some people….well, almost everyone. I suspect this as well.

Poor Jason says he doesn’t mean any harm: he’s just doing the best he can to celebrate the birth of baby Jesus. “I wanted a Nativity and I worked with what I had,”  says Dixon, who manages a nearby haunted house called “The 13 Rooms of Doom.” He says his First Amendment rights are being infringed.

“I’ve lived here for 15 years and I’ve never had a violation of any kind,” Dixon said. “It’s a holiday decoration. I know if it was a real pretty Nativity scene they wouldn’t be saying anything.”

I’ll agree with that too. Continue reading →

Just In Time For Christmas, Here Are All The Bad Arguments And Rationalizations Against Tipping So You Can Feel Self-Righteous About Being A Scrooge

/ Jack Marshall / 20 Comments
See? The rest of the world knows how to deal with you sexist, racist, aristocratic poverty perpetuating, self-esteem destroying bastards!

See? The rest of the world knows how to deal with you sexist, racist, aristocratic poverty perpetuating, self-esteem destroying bastards!

Vox has published an entertaining screed against tipping, massing all the contradictory, facile rationalizations and faulty arguments against demonstrating one’s gratitude when someone serves you well. This is Vox, remember—Ezra Klein’s uber-progressive website with an agenda. Think about what the alternative to tipping is, and where the critics of tipping are going with these claims. Hint 1: It has nothing to do with democracy or individualism. Hint 2: The piece argues that tipping is classist, racist, sexist, “lookist”…the works.

The full illogical, ethically confused character of this junk has to be read to be fully appreciated, but here is a quick overview:

1. Hoary old quotes. There are these, for example:

English author Lynne Truss on visiting New York: “In this great financial capital … tips are not niceties: give a ‘thank you’ that isn’t green and foldable and you are actively starving someone’s children.” No, Lynne, you’re being cheap, that’s all.

The Village Voice’s Foster Kamer: “It reinforces an economically and socially dangerous status quo, while buttressing a functional aristocracy.”   Ah. You see, if lower paid service professions are treated like robots and underpaid, they will rise up and overturn this monstrosity called capitalism.

 Michael Lewis: “I feel we are creeping slowly toward a kind of baksheesh economy in which everyone expects to be showered with coins simply for doing what they’ve already been paid to do.” Who is being “showered with coins?”

2. “Tipping lets employers off the hook.” Translation: It gets in the way of the progressive “living wage” campaign. Mandatory salary levels drive businesses out of business and reduce jobs. Want to see all restaurants go to the iPad, self-ordering, system running rampant at airport restaurants—and no, I don’t tip a runner who just carried my food to the table—by all means, force restaurants to pay “a living wage.”

3.  “Tipping is undemocratic.” This is the George Orwell, “Peace is War” argument. The government should stop me from giving my money to whoever I want in the name of democracy. Continue reading →

Encore: “Ethics Call To Arms: Fight the ‘Fuck You!’ Culture”

/ Jack Marshall / 20 Comments

 

kid fu

[This happens sometimes with 5000 posts in the bank: some topic causes me to find one that I can’t even remember writing, and I realize that I still agree with it, and if I forgot about, everyone else probably did too. The previous post led me to link to this one, and I decided that the list of steps I recommended to try to halt the culture’s slide into permanent vulgarity and incivility was worth re-posting, especially since five years ago the blog got less than a fifth of the traffic it does today. Thus I am re-posting this one, slightly edited to remove a few rhetorical excesses and outdated references, from November 18, 2010.]

“Every action done in company ought to be with some sign of respect to those that are present.”

This was the very first edict in the list of civility rules memorized by George Washington as a child, rules that shaped his character and significantly influenced not only his life and career but the fate of America. Like most of Washington’s 11o rules, the first has universal and timeless validity, pointing all of us and our culture toward a society based on mutual respect, caring, empathy, and fairness.

Recently, however, there has been a powerful cultural movement away from George’s rules and the culture of civility that they represent. Rudeness has always been with us, of course, and public decorum has been in steady decline since the Beatniks of the Fifties, to the point where it is unremarkable to see church-goers in flip-flops and airplane passengers in tank-tops. Something else is going on, however. Like the colored dots of paint in a George Seurat painting, isolated incidents and clues have begun to converge into a picture, and it is not one of a pleasant day in the park. I believe we are seeing a dangerous shift away from civility as a cultural value, which means that we are seeing a cultural rejection of ethics. Continue reading →

“It’s Unethical To Be A Weenie,” Part I: The Lipreading NFL Fans

/ Jack Marshall / 6 Comments

Preface: The Rise of the Weenies

Tom Brady, mid-

Tom Brady, mid-“Fuck!”

Everywhere we look, it seems, we see the United States culture being threatened by weenies and the rise of Weenyism. In a nation founded on the principles of self-reliance and individual liberty, built and shaped by stunningly brave men and women who hacked civilization out of an uncertain and perilous wilderness, there is a growing mass of citizens—the cancer imagery is intentional—who are committed to giving the government near total control over every conceivable danger, threat, peril, offense, inconvenience or annoyance, real or imagined, as the role of individual Americans devolves into pointing and saying, “There! Fix that! I don’t like that! Arrest them. Fine him.” Increasingly, the primary motivation for public policy is fear, planted by activists and politicians to panic, terrify and mobilize the weenie base, who are ever eager to trade individual freedom for protection against, well, almost everything.

I know I am hyper-sensitive to the weenification problem right now, having spent three weeks reviewing the history of the American West and its portrayal by Hollywood in preparation for my Smithsonian Associates program last week on how the Hollywood Western shaped American culture. Around the same time that the Sixties exploded, the culture’s unified acceptance of traditional American values began to collapse, just as the primacy of the Western as an entertainment genre declined. Now weenyism is in its ascendency. There are those who claim that the name of a distant football team causes psychological trauma to Native Americans who don’t follow football. Blogger Andrew Sullivan (a candidate for Head Weenie) asserts that the United States should have the “courage” to do nothing about ISIS and allow it to run amuck (the ultimate goal of the Weenies: an Orwellian “Weenies Are Heroes” motto). Feminists insist that women are so vulnerable to male sexual predations on campus that due process, fairness, common sense and much of the respect as equals their predecessors fought for must be surrendered, in a new system that begins with the presumption that all men are potential rapists and all women simpering, helpless victims, even when they say “yes.” College students and other are demanding that books, stories, essays and blog posts contain “trigger warnings” to alert weenies that words and topics in the text might give them the vapours. Needless to say—I hope—this not a healthy development for the United States, or  our culture.

The resistance to Weenyism ought not to be a partisan issue. The obligation to help the weak, disadvantaged and powerless become stronger, overcome their handicaps and acquire power is part of the American tradition too. Somewhere, however, this obligation was distorted by the realization that in a system where the government is looking for victims to justify its existence, Weakness Is Power (Orwell again). Weenies—fearful, risk-averse, passive-aggressive citizens who shrink from conflict, confrontation and the messy process of democracy— have realized that they can mobilize power to satisfy their narrow biases and interests, often at the expense of their fellow citizens’ right to liberty and the pursuit of happiness. Now the culture is tilting away from the uniquely American model that encouraged individuals to fight their own battles and succeed or fail on the merits of their causes and their own determination and skill, to one that rewards the perpetually offended, victimized, and passively unsuccessful.

It is unethical to be a weenie, and equally unethical to allow Weenieism to overcome what has been an American cultural strength.

Part I: The Lipreading NFL Fans

Several TV viewers who watched the NFL’s  New England Patriots-Green Bay Packers made official complaints to the Federal Communications Commission because they could see Patriots quarterback Tom Brady saying “fuck” repeatedly on the sidelines in frustration over his own play.  They couldn’t hear it, mind you: they were just able to read his lips. This was so horrible that they felt that the Federal government needed to investigate and take remedial action.

One complaint was from an Indianapolis parent who wrote that their “6 year old children know how to read lips.” Another was from a Pennsylvania grandparent who complained to the FCC,  “My 8 year old grandson was watching the game with me and even commented that he should not have said that.”

The Horror. Law professor Jonathan Turley opined on his blog,  “I do not believe that this was a good thing for a NFL QB to be doing.” Well, sure: he should be picking his nose of grabbing his crotch, either, but this isn’t scripted, and its a football game.  The whistle has to be blown for Federal retribution for mouthed obscenities to nobody in particular, as these sensitive parents and grandparents happily allow their delicate charges to cheer men in the process of maiming themselves and risking that their children will be changing their fathers’ diapers in the disturbingly near future?

The really frightening thing is that our regulatory morass encourages such attempts at censorship. Continue reading →