Humor and Satire

The Unethical Fine Print Game

/ Jack Marshall / 17 Comments

I am on record as believing that lawyers who intentionally assist their clients in burying unconscionable, unenforceable or unfair terms in standard contracts, usually in fine print, are unethical, and engaging in a professional violation of the Rules of Professional Conduct. I’ve offered several seminar hypotheticals on the topic to make my point, and have never encountered a lawyer who had a good defense for the practice. Usually the best they can come up with is “everybody does it” or “but it’s legal!” Of course, the bar associations are on their side, not mine, because, well, everybody does it. That’s a proverbial can of worms the bar associations don’t have the guts or integrity to open. What else could it be but unethical, however, when a client company says, “Make sure you bury this provision saying that they have no recourse if we cheat them in the fine print!” and the lawyer says, “But that’s unenforceable!” and the client says, “Yeah, but they won’t read it before signing, and when we point out that they did agree to it, maybe it will scare them off,”  and the lawyer shrugs and says, “Whatever you say! It’s your contract”?

WiFi companies are especially egregious in this regard. As an effort to show itself as above the field and avoiding the unethical industry practice, a British WiFi company, Purple, ran  a social science experiment, inserting language in its standard contract that obligated consumers to clean toilets at festivals and clear sewer blockages.  22,000 people signed up anyway. The contract stated–in fine print—that its signatories would be legally required to perform 1000 hours of community service, including, but not limited to, “cleaning toilets at festivals, scraping chewing gum off the streets” and “manually relieving sewer blockages.”

The gag clause was inserted in the company’s terms and conditions for a period of two weeks, “to illustrate the lack of consumer awareness of what they are signing up to when they access free WiFi .” Purple also offered a prize to anyone who actually read the terms and conditions, and found the “community service clause.” Only one person won it. Continue reading →

From The “Trump-Hate Disabling News Media Ethics Alarms” Files: The Washington Post “Kids Chorus”

/ Jack Marshall / 25 Comments

For those inexplicably loyal fans of the news media who said to themselves, “Well, CNN is an exception. The other respected news organizations will never let the President push them to completely alienate the public’s trust,” here is the hard, cruel truth: you are dead wrong. Open your eyes.

Witness the Washington Post, which somehow thought that it would enhance its reputation as a fair, independent, responsible and objective news source by recruiting a group of children to mock President Trump by singing his tweets. This was a Washington Post promotion, now. The Post believes that its readers want to get their news from a newspaper that gratuitously ridicules the President of the United States.  Maybe they are right. Such readers, however, are not looking for facts, or objective analysis. Those readers are looking to feed their confirmation bias.

At “The Hill,” reporter Jonathan Easley tweeted: “WaPo getting kids to mockingly sing Trump’s tweets seems needlessly antagonistic and a dumb move right now.” 

Gee, ya think?

I’m trying to imagine the long list of broken ethics alarms that had to malfunction for the Post to let this get all the way through conception, to production, to publication. Nobody in the chain of command said, “Yeah, that’s hilarious, but let’s leave this kind of thing to Jimmy Kimmel, okay? We’re a newspaper.” Nobody. Nobody thought that this would simply confirm what media critics have been saying about toxic anti-Trump bias. Nobody thought about how a graphic demonstration of this mindset at the paper would undercut any claim that the Post is capable of fair reporting on an elected leader it would show such disrespect to just to make a promotional pitch. Nobody. Continue reading →

Morning Ethics Warm-Up: 6/8/17

/ Jack Marshall / 28 Comments

[I have been pondering doing this for some time now. Literally every day there are issues and stories that arise that are either too minor for a full post, or crowded out by other issues. Often I never get to them. Also my various issue scouts (especially Fred) have been burying me with excellent candidates for discussion and analysis, and I never get to most of them, frustrating all of us. So I am going to see if I can begin every day with a set of short notes about these topics, reserving the right to expand some of them into full posts later.]

1. Stacy Lockett, a teacher at Anthony Aguirre Junior High, has been fired after she gave out facetious awards to students such as “Most likely to become a terrorist” and “Most likely to blend in with white people.” Good, I think. These are too sensitive issues to expect middle-schoolers to laugh at, and the ‘awards”  show terrible judgment. Still, I am thinking back to comments made in class by some of my favorite 7th and 8th grade teachers, some targeting me. I thought they were funny, and the teachers knew I would think so. All of them would have been fired today, according to the Lockett Standard (Pointer from Fred)

2. By not disciplining Reza Aslan, the host of its “Believer” program who called President Trump a “piece of shit,” “an embarrassment to humankind” and a “man-baby” CNN has made it clear that it has abandoned any vestiges of professionalism or regard for journalism ethics. Well, perhaps “even more clear” is more accurate. CNN allowed Carol Costello to gleefully mock Bristol Palin for getting emotional over being battered; it has allowed Don Lemon to get smashed on the air two New Year’s Eves in a row, and shrugged off Anderson Cooper speculating about the President taking “a dump on his desk,” to give just three examples. Its excuse for Aslan was especially weird, claiming in a statement that he was a host but not an employee. Aslan apologized, but it was a dishonest apology, claiming that the tweets were impulsive and “not like me,” but in another tweet on May 9, he wrote,

“Oh the joy when this lying conniving scumbag narcissistic sociopath piece of shit fake president finally gets what’s coming to him.”

It’s sad to see what CNN has become since Trump’s election. I am embarrassed for the network. but more than that, I am in sorrow for the public. It is not being served by this kind of amateurish, biased and unprofessional journalism.

3. I finally decided that this law suit was too stupid to write about: a ridiculous woman named Holly O’Reilly has found some lawyers—not just any lawyers, either, but the First Amendment Institute at Columbia University—-willing to file a lawsuit claiming that President Trump cannot block her on his Twitter account because doing so is a First Amendment violation of her rights of free speech. The institute’s executive director, Jameel Jaffer, said in a statement that Mr. Trump did not have a right to exclude his critics from engaging with his posts. Does anyone think this is anything but nonsense? Anyone but the New York Times, that is, which wrote, ” The request raises novel legal issues stemming from Mr. Trump’s use of his Twitter account, @realDonaldTrump, to make statements about public policy,” and the Washington Post, which published the woman’s silly  op-ed .

When did “novel” come to mean “absurd”? The President blocking a Twitter user on the social media platform isn’t “government action” any more than not taking her phone calls or not reading her letters. She can still say anything she wants on Twitter. Next she’ll sue because she isn’t allowed to ask question at White House press briefings. Columbia University should be embarrassed, but when the anti-Trump  hate virus melts your brain, embarrassment is often the first casualty. Continue reading →

Ethics Quiz: Harvard’s Anti-Meme Vendetta

/ Jack Marshall / 50 Comments

…or not

Harvard College rescinded admissions offers to at least ten anointed members of the Class of 2021 after it discovered that the prospective students traded sexually explicit memes and messages in a private Facebook group chat. Some of the memes apparently mocked and denigrated minority groups.

The admitted students had formed the messaging group, “Harvard memes for horny bourgeois teens,”on Facebook in late December, 2016.

The members of the group sent each other memes and other images mocking sexual assault, the Holocaust, and the deaths of children, among other topis.  Screenshots captured and obtained by the Harvard Crimson, the student newspaper, revealed that  some messages joked that abusing children was sexually arousing, while others had punchlines targeting ethnic or racial groups, like one that called hanging a Mexican child “piñata time.”

Harvard administrators were alerted  to the existence and contents of the chat and sent the students an e-mail that read,

“The Admissions Committee was disappointed to learn that several students in a private group chat for the Class of 2021 were sending messages that contained offensive messages and graphics As we understand you were among the members contributing such material to this chat, we are asking that you submit a statement by tomorrow at noon to explain your contributions and actions for discussion with the Admissions Committee. It is unfortunate that I have to reach out about this situation.”

A week later, at least ten members of the meme chat group were sent letters from Harvard announcing that their admission offers were no longer valid, and that the decision was final.

“As a reminder, Harvard College reserves the right to withdraw an offer of admission under various conditions including if an admitted student engages in behavior that brings into question his or her honesty, maturity, or moral character.”

Your Ethics Alarms Ethics Quiz Of The Day…

Was Harvard’s action fair, reasonable and proportionate?

Continue reading →

I Suppose Ethics Alarms Has To Officially Designate “Bloody Headgate” As An Ethics Train Wreck, Since Now The VFW Has Boarded

/ Jack Marshall / 12 Comments

The Veterans of Foreign Wars declared that Kathy Griffin’s photo of Trump’s severed head is unprotected under the First Amendment.

They are ignorant and have embarrassed themselves. The organization doesn’t even understand what its members have been allegedly fighting to protect and preserve.

VFW National Commander Brian Duffy issued a statement that “The Veterans of Foreign Wars of the U.S. strongly condemns comedian Kathy Griffin’s incredibly revolting attack on the President of the United States . . . . What she did was not humorous nor should it be protected speech or expression. Playing to an audience with a severed head is what our enemies do. The USO should end its relationship with her.”

Actually, playing to an audience with a severed head is what Shakespearean companies performing “MacBeth” have done on stages, professional, college and amateur, in the U.S. and elsewhere for hundreds of years, you ignoramus.

This is another reason why the Left’s claims that “hate speech” shouldn’t be protected are so dangerous to our society: too many citizens of all political persuasions don’t understand what free speech is, and are too ignorant to know how to counter this threat to democracy

Let’s see: Griffin, her lawyer, the President and his punching-down tweet; Rosie O’Donnell, who announced that she had no sympathy for 11-year-old Barron Trump seeing photos of someone apparently holding up his father’s head, the mainstream media hypocrites who told audiences that Griffin’s “eliminationist rhetoric” wasn’t news or worth discussing, though a far less threatening image dominated their conversations for weeks when they tried to tie Sarah Palin’s metaphorical cross-hairs on a political race map to the madman who shot Rep. Giffords…I was wondering which organization would be the first on the Right to claim that what Griffin did warranted criminal punishment. The VFW would have been a good bet.

But wait! There’s more!... and I should have seen this one coming too. Progressive favorite Alec Baldwin, a habitual boor and Ethics Dunce, weighed- in in support of Griffin and her severed Trump head as only he can, tweeting,

“Dear Kathy Griffin, Kathy….baby…I’ve been there. The whole Henry Hyde thing [with] Conan, where we bring out an oxygen mask at the end? a joke. That’s what I thought. That’s what we intended. No one walked out of the studio and said, “No! We’re serious!” No one. But all your gutless, weasels in the GOP insisted that I actually threatened Hyde. They played the victim beautifully. Kathy…fuck them. Fuck them all. No 1 believes u meant 2 threaten Trump.Trump is such a senile idiot, all he has is Twitter fights. ignore him. Like the leaders of all the other countries in the world. Ignore him.”

Honestly, I do not understand how anyone can laugh at Baldwin knowing the anger, bitterness and nastiness that ooze out of every pore; it’s like finding Bill Cosby or Woody Allen funny. Yet that this guy passes for a wit, political pundit and truthteller by Hollywood progressive standards.

Dear Alec…
Continue reading →

UPDATE: Bill Maher, Hypocrite And Coward…HBO Too

/ Jack Marshall / 77 Comments

I guess no good deed really does go unpunished: I stand up for the vile and hateful comedian’s legitimate use of “nigger” in a witticism on live TV, and the former host of “Politically Incorrect” caves to political correctness, which he has sworn repeatedly that he will never do.

What a spineless, hypocritical weasel.

In 2011, when Maher was asked about calling Sarah Palin “a cunt” and “dumb twat,” Maher was bold and unbowed:

“Well, you know, I’ve been through this so many times. There’s a lot of people in America who have, of course, nothing to do except look for something to get mad at. And I’ve been a frequent target and I’m happy to provide that service. So, you know, I always say, as I’ve said many times in these kind of situations, if I hurt somebody’s feelings, I’m always sorry about that, I’m not trying to hurt somebody’s feelings. But if you want me to say I’m sorry what I said was wrong, no, sorry, I can’t go there.”

I guess what he meant is that he can’t go there when he’s only using vile language to denigrate conservative women who feminists and NOW don’t regard as worthy of their alleged principles, in attacks that make his ideologically sympatico crowd secretly snicker and chuckle because those twats deserve it.

This time, however, he offended the all-powerful race grievance lobby by calling himself—himself!— a “house nigger,” in a “Gone With The Wind” reference prompted by a Republican Senator asking him if he’d do field work. Lacking the integrity and fierce belief in the Jester’s Privilege that he has proclaimed before when it wasn’t progressives carrying the torches and pitchforks, Maher capitulated like Galileo, even though in this case, he had been neither vicious nor insulting, just “offensive” to those who want to ban words—you know: liberals.

The hypocrite said, Continue reading →

Oh, Great, Now I Have To Defend Bill Maher, The “House Nigger” [UPDATED]

/ Jack Marshall / 24 Comments

When Bill Maher participated in the lowering of civil political discourse and the escalation of hate and ad hominem rhetoric in the culture by calling female Republican figures “cunts” and “twats’ as his leftist studio audience squealed with delight, there was no significant objections from NOW or other feminsits entranced by his anti-conservative fervor, nor were mainstream media liberals in the pundit ranks overwhelmingly indignant. After all, Sarah Palin and Michelle Bachmann didn’t deserve  civility, and besides, it was just a joke! Maher’s pass on breaching basic rules of decorum in public speech greased the slippery slope that led us to “cockholster” and beheaded Presidents today. In addition, the double standard was established that vulgar and gross gutter language was acceptable when aimed at conservatives, but only conservatives. Is there any question whether Maher would still be leaving his slime trails at HBO if he had called Hillary Clinton, Diane Fienstein, or Michelle Obama a cunt?

Nevertheless, the principle at issue is that we all have an ethical duty to extend basic human respect to our fellow dwellers on this planet, or civilization rots and falls apart in chunks. Indeed, this is the duty too many progressives and Democrats have been breaching in their treatment of the President of the united States for the past six months. Entertainers and comedians get some special dispensations, but they need to be sternly rebuked when they abuse the privilege by using it to express hatred and to spread intolerance. We do not ban words in the United States. We do reserve the right to regulate conduct in the interests of out democratic and pluralistic ideals, often by expressing vocal disapproval.

Which brings us back to Bill Maher. On Friday’s edition of Maher’s “Real Time,” Maher was verbally fencing with Republican Nebraska Republican Senator Ben Sasse. At one point—the context doesn’t matter—Sasse facetiously invited the host to “work in the fields.”

“Senator, I’m a house nigger!” Maher said , quickly adding, in response to some audible gasps, “It’s a joke.” Continue reading →

Bloody Head Update: The Kathy Griffin Press Conference

/ Jack Marshall / 20 Comments

 

I just watched the Kathy Griffin press conference. The justification for the mdia event that Griffin is “fighting back” against “bullying” from President Trump and his family over her bloody head bit.

Ethics Observations:

1. Presidents shouldn’t “punch down” against civilians, even celebrities, even ridiculous celebrities like Griffin. It is  indeed a form of bullying. I have written about this before. It is an abuse of power and position no matter what the provocation. The public would have been more sympathetic to him and his family if he had just kept quiet. He can’t help himself, and he will not learn.

2. Anyone who doesn’t think Griffin was counting on, praying for, a twitter war to break out between her and POTUS over her visual attack on him (and the office, and the country) by holding up an effigy of his severed head really is too innocent and naiive to talk about this issue. Thus her protests—tearful protests!—over her stunt backfiring have to be seen for the sham that they are. She didn’t just ask for this, she was counting on it. What she didn’t foresee was having no defenders except Jim Carey and a few others.

Did you have any doubt that the photo would prompt a tweet from Trump? Did anyone? Continue reading →

The Resistance Thinks This Is Appropriate Political Humor. This Tells Us All We Need To Know About The Resistance [UPDATED]

/ Jack Marshall / 240 Comments

After the shooting of  Rep. Giffords in Tucson, Democrats and the news media attempted to blame the tragedy on the “eliminationist rhetoric” used by Republicans, citing Sarah Palin’s use of cross-hairs on an electoral map to point to Democrats being targeted for defeat. At one point, CNN’s John King even chastised a guest for using the term ‘”in the crosshairs” in talking about the candidates. “We’re trying, we’re trying to get away from that language,” King solemnly inveighed.  “Andy is a good friend, he’s covered politics for a long time, but we’re trying to get away from that kind of language.”

Eighteen months later, the producers of “Game of Thrones” thought it was a hilarious inside joke to place a model of George W. Bush’s head  on a pike in one scene showing multiple severed heads.. Alluding to his beheading was wonderful, at least to Hollywood liberals. Putting Obama’s head on a pike would have been, of course, unthinkable, and proof of racism.

I wrote at the time,

“Criticism, satire and humor regarding any U.S. President, living or dead, is fair, ethical and within the realm of the freedom of expression that makes America great. Incivility, disrespect, denigration, hate and incitements to violence directed against any President, living or dead, is wrong. However any of these men performed in office, whether their policies were popular or not and whatever the consequences, good or bad, of their decisions were, every one of them was a patriot and a public servant who made significant sacrifices to attempt to meet the challenges of the most difficult job in the nation, and to do what he thought was in the best interests of the nation. Eight of the 44—that’s 18%—were shot at. Five of the 44—-11%—were shot, and four of them died.  The acceptance of the responsibility of the President is itself an act of courage. Evoking the intentional killing of a U.S. President in any context is irresponsible, and to mock a former and living President in the manner of barbarians and terrorists of other lands, to treat him as the terrorists treated Nick Berg, is as offensive an act of disrespect as I can imagine.”

Now Kathy Griffin, who hosts New Year’s Eve for CNN, has posed for the photograph above. I’m sure the “resistance”—you know, like Hillary—thinks it’s just hilarious, and that Griffin is getting high-fives from her pals at the network and Hollywood.

These are objectively hateful, ugly, irresponsible people, and their depravity becomes deeper and sicker almost daily. They really think behaving this way toward the nation’s elected leader will return them to power. In that belief, they are insulting all of us.

UPDATE: I almost forgot: this is the second controversy over beheaded Trump art. In half of one year in one term, Trump has been graphically murdered twice, while no other President since Lincoln had been beheaded in any high profile forum once.

The Twittercide Of David Leavitt

/ Jack Marshall / 59 Comments

A fatal terrorist attack at an Ariana Grande concert? Funny!

Social media and multiple popular blogs and websites are flaming with hate directed at David Leavitt, a freelance writer who didn’t get his annual ethics alarms maintenance performed and is now paying the price. Perceiving himself as a mad wag,  Leavitt took to Twitter for some levity following the horrifying event described in this lead from the BBC:

“Twenty-two people, including an eight-year-old girl, have been killed and 59 were injured in a suicide bombing at Manchester Arena, at the end of a concert by US singer Ariana Grande.”

Let me rephrase what I wrote before: Leavitt’s ethics alarms were not merely badly serviced, they had fallen apart into rusty chunks. He also hadn’t been paying attention to the world around him: did he miss the fate of Justine Sacco, who tweeted a joke to her friends that the cyber-mob decided was racist (though it wasn’t) as she boarded a plane, and by the time she had landed found that she had lost her job and become a national pariah? Had he not noticed that the Aflac duck had a different quack in 2011 after comic Gilbert Gottfried tweeted a series of jokes about the tsunami that devastated Japan and was promptly fired from what Gottfried had called the greatest gig in the world?

Either he had been practicing his craft (“Freelance Writer. CBS, AXS, Yahoo!, Examiner, & etc. I review #Games #Tech #Fashion #Travel. Casual #MTG #Twitch streamer”) from a cave, or he is an idiot, but in either case, he decided to tweet this…

then this…

Somebody apparently grabbed Leavitt and shook him hard (but not hard enough) as his tweets went viral and he was on the way to becoming the latest Justine. A few hours later he tweeted “Too soon?” and this apology:

Too late. His previous employers were in the process of wiping his work off their sites and out of their archives. CBS PR disowned him;  AXS sent his contribution down the memory hole; so did Yahoo. Boston’s WBZ, which had employed Leavitt, issued a statement condemning his jokes and saying that he was not an employee. Publications like Mother Jones, the New York Daily News,  Heat Street and The Daily Mail had placed essays attacking him on their websites. The reaction by British websites and news organization was even more intense. David Leavitt can forget about vacationing in the United Kingdom. Ever.

Observations:

1.  Nobody deserves to have their life destroyed over two tweets. Let me quote at length what I wrote about the Justine Sacco’s cyber mob, because it applies with equal force to Leavitt: Continue reading →