Etiquette and manners

Intolerance Plus School Cowardice=Cultural Deprivation

/ Jack Marshall / 5 Comments

The Supreme Court has refused to reconsider a Ninth Circuit decision agreeing that a school could forbid the school band from playing Franz Schubert’s “Ave Maria”.

I don’t want to argue about the legal issues (you can read Justice Alito’s dissent here), although I suspect tha the law favors the school’s absurd conduct. But although self-righteous intolerance can effectively bully people and institutions in an atmosphere of school administration cowardice and timidity, it still is wrong, and we all suffer for it. Because one student objected last year to a musical piece at her graduation that mentioned God and angels, the pusillanimous administrators at the school decided to nix an orchestral rendition of “Ave Maria,”  because the title might offend some other intolerant and insufferably self-centered child. Continue reading →

E-mails Aren’t Private? Oh-oh…

/ Jack Marshall / 2 Comments

The Eleventh Circuit Court of Appeals has ruled in the case of Rehberg v. Paulk that one who sends an e-mail has no “expectation of privacy” in its content, once it is sent to a third party—-and that third party can even be the internet service provider. Which means, in essence, that e-mails aren’t private any more, if this ruling stands.

Here you have a good example of how courts can re-define formal ethical standards on multiple planes with a few words. This means that one of the most influential Federal Courts has given the green light to any government agency or employer who chooses to read your e-mails. It may well be that lawyers who send documents containing confidential client information have breached their duty to protect confidences. It means that if your room-mate reads confidential messages on your laptop without your permission, the law says its your fault, not his.

This is the point where ethics, manners and the Golden Rule becomes more important than ever. The court case may change the law, and it may be legal to read other people’s e-mails without permission, but it’s still not right.

For an excellent scholarly dissent from the Eleventh Circuit’s ruling by Prof. Orrin Kerr, see his argument on the Volokh Conspiracy.

[Many thanks to Prof. Monroe Freedman whose post at the Legal Ethics Forum alerted me to both the case and Prof. Kerr’s critique.]

Spam Ethics

/ Jack Marshall / 3 Comments

I was not previously familiar with the extent of that scourge of all blogs, spam. Nor did I realize that deciding which comments qualified for instant deletion would involve an ethical balancing act, but it does, and I am getting the hang of it.

WordPress, thankfully, gives its blogs a program that flags the most obvious spam, fake, automatically generated comments that have nothing to do with the post they are attached to, entered only to get publicity for websites that are selling something. Sending out this junk is pretty sleazy: it aims to junk up a serious website with dishonest drivel and use it as an unwilling billboard, usually for less-than-admirable products and services. The worst ones try to waste my time as well, falsely “alerting me” that my blog doesn’t work with their browser or that my RSS feed is malfunctioning. This kind of spam never gets through the door. Continue reading →

Solution to the Starbucks Gun Controversy: Try Ethics!

/ Jack Marshall / 9 Comments

Starbucks is under fire from anti-gun advocates for its policy of allowing patrons in states that permit open carrying of firearms to sip their espresso with guns on their hips. This has, of course, provoked the usual high dudgeon from Second Amendment supporters, NRA members, conservative media, and—who knows?—maybe a few postal workers getting ready to blow. Continue reading →

Fracking Ethics

/ Jack Marshall / 17 Comments

The Eric Massa affair quickly revealed itself as the spectacle of a foolish, narcissistic, dishonest man trying to milk every drop of attention out of the well-deserved implosion of a political career that never should have begun in the first place. Fortunately, there was a side benefit: its reporting by the media exposed the dishonesty of the practice of fake civility. Genuine civility is one of the foundations of ethical conduct, though admittedly a shaky one right now. Fake civility, however, is cynical, dishonest, disrespectful and, on top of all that, silly and ineffective.

One of the inappropriate supervisory moments that punched Massa’s ticket out of Congress was that he told a male staffer, in the presence of others, that “I should be fucking you.” Someone at the Mainstream Media High command issued a memo that the gentile and classy way of reporting this statement was “I should be fracking you.” Not that there was any pretense about what the word signified. On the Headline News morning show with giggly news-bimbo Robin Meade (an in-your-face insult to every serious female broadcast journalist in America), Meade listened to the “fracking” account and said—every one of the times the story was repeated during the program— some version of “Gee, I never heard that word before (giggle)!” Whereupon the newsreader replied with some form of “I know (snicker) neither have I!” They were far from the only ones. Dana Milbank used the same code in his account of Massa’s messes in the Washington Post.  “Fracking” is the euphemism of the week. Continue reading →

Ethics Train Wreck: Step-Dancing, Racism, and Coke

/ Jack Marshall / 1 Comment

I missed this story last week. I am almost sorry it came to my attention.

February 20 witnessed the national finals of the Sprite Step Off competition in Atlanta, billed as “the largest Greek stepping competition ever.” I never heard of “step-dancing,” but that is apparently because I’m not black. It is a lively type of dancing favored by black fraternities and sororities. Although the performance by the all-white Zeta Tau Alpha team from the University of Arkansas—the only white team in the competition—received uproarious applause, mixed with amazement on the part of the almost all-black crowd that a white team could master the art, the cheers turned to jeers when they were announced as the winners.  Although few disputed that the Zeta team had been one of the very best, angry e-mails and on-line protests from African Americans began building into a tidal wave. There were accusations of “cultural theft,” and the general message was that a white team should not have been declared the winner in a step-dancing competition. That was a black tradition, and only bias could explain the white team’s success. Most of the protests came from people who had not seen the performances. Continue reading →

Neighborhood Ethics and the Snow Babe

/ Jack Marshall / 7 Comments

It’s time to play “Who’s the Worse Neighbor?”!

It’s clear that the media take on the New Jersey story about the risqué snow sculpture will favor the snow-artist neighbor and ridicule the Puritanical neighbors, but the ethics fouls may be on the other side.

A brief summary: a woman and her son used the ample snow on their lawn and the their substantial sculpting talents to make a life-size, headless, armless, torso and trunk of a rather well endowed naked woman instead of the more traditional Frosty the Snowman. If this  “came to life one day,”  that traffic cop would arrest it for indecent exposure. Continue reading →

Fashion Ethics: Stealing Is Good

/ Jack Marshall / 2 Comments

Where is it ethical to be unethical?

In the Bizarro world of high fashion, apparently, where making knock-offs of famous name designer dresses is a huge industry, and the original designers get neither recognition not profit from the illicit use of their creations. The practice is obviously unfair and dishonest, but not so obviously, good for the health of the fashion industry, according to an article by law professors Kal Raustiala and Chris Sprigman on the Freakonimics website. They write: Continue reading →

The Dishonest or Cowardly Joke Excuse

/ Jack Marshall / 2 Comments

An enthusiastic commenter to the post on Tony Kornheiser’s suspension by ESPN bases his defense of the suspended sports commentator on what I call “the joke excuse”: poor Tony was only joking when he insulted colleague Hannah Storm on his syndicated radio show, and that should insulate him from any negative consequences because humor is subjective, and we don’t want people without senses of humor snuffing out laughter in the world.

As anyone who actually has read the contents of this blog (the commenter in question has clearly not), I tend to be in general sympathy with the concept of giving humor free reign. The problem with its application here is that I see no evidence that Kornheiser was joking. His words:

“Hannah Storm in a horrifying, horrifying outfit today. She’s got on red go-go boots and a catholic school plaid skirt … way too short for somebody in her 40s or maybe early 50s by now. She’s got on her typically very, very tight shirt.She looks like she has sausage casing wrapping around her upper body … I know she’s very good, and I’m not supposed to be critical of ESPN people, so I won’t … but Hannah Storm … come on now! Stop! What are you doing?”

I’ll pause a second so you can catch your breath from uncontrollable laughter at Tony’s wit, deft use of irony. brilliant wordplay and creative absurdity. Continue reading →

Ethics Hero: ESPN

/ Jack Marshall / 14 Comments

It almost brings a tear to the eye to see a media giant take a stand for the values of loyalty, civility, and respect, even when it means slapping down one of its stars. That’s what cable sports network ESPN has done in response to Tony Kornheiser using his radio show to insult the dress and appearance of Espy colleague Hannah Storm for cheap laughs. The network suspended its co-star of the popular “Pardon This Inturruption” for two weeks, saying, Continue reading →