Journalism & Media

Morning Ethics Warm-Up: The “I Should Be At The Beach” Edition…

/ Jack Marshall / 34 Comments

Good Morning!

Is everyone vacationing this week but me? I can detect such things from blog traffic—this week has been sparse. Unfortunately this is the legal ethics CLE busy season, so I have been furious preparing materials for three new three-hour programs: “The Legal Ethics Mine Field,” “Legal Ethics Squeeze,” and a new musical ethics seminar for the New Jersey Bar Association, “Ethics Blues,” with the talented Esther Covington. It features legal issues-stuffed parodies of such songs as “Copacabana,” “Sweet Caroline,” “Piano Man,” “You Made Me Love You,” “Isn’t It Romantic” and “Let it Be,” among others. I’ve been writing parody song lyrics since I was 9, and much as I enjoy it, it is mentally exhausting in a way nothing else is.

1.  The anti-Trump news media is all a twitter because former GOP Congressman Joe Walsh might challenge President Trump for the nomination. Joe Walsh!  He’s the only member of Congress ever designated a fick by Ethics Alarms, in this post, about how Walsh, a Tea Party fiscal responsibility hawk who once lectured Barack Obama about how he was placing a burden on the backs of Walsh’s children, owed  $117,437 in unpaid child support to his ex-wife and those already burdened, kids, three of them. For this and other transgressions he was defeated for re-election, and Joe’s now a talk show host, presumably with the same audience that took guidance from former radio bloviators Ollie North and Gordon Liddy.

2. On the innocent until proven guilty front…there has been a spate of defamation lawsuits lately in which priests accused of sexually molesting boys accuse the Catholic Church of ruining their reputations based on publicizing unsubstantiated accusations of pederasty.

A Fresno, California priest,  Craig Harrison, who is facing multiple allegations of sexual abuse, is suing an established  Catholic watchdog group Roman Catholic Faithful (RCF). seeking “unlimited” damages as a result of RCF President Stephen Brady’s “appearance at a press conference in Bakersfield” that addressed “allegations of sexual misconduct” made against Harrison. The lawsuit and summons were filed this month after the Bakersfield Police Department (BPD) concluded an investigation that it said  exonerated Harrison. Brady says that the lawsuit may be intended to discourage other ongoing RCF investigations. Continue reading →

Sexual Harassment, Cancellation Culture, Anonymous Accusers, And Placido Domingo

/ Jack Marshall / 8 Comments

A report last week revealed that nine women accuse towering opera figure Placido Domingo of sexual harassment.  None of the accusations have been investiaged or substantiated, and only one of them isn’t anonymous. Yet two American institutions, the Philadelphia Orchestra and the San Francisco Opera, immediately canceled their upcoming concerts with him, giving the now-familiar “safe environments” explanation. None of. Domingo’s many upcoming scheduled performances in Europe were canceled, however, as sponsors took what the New York Times calls  “a wait-and-see approach,” or what used to be known in this country as “Let’s not punish someone based on unsubstantiated  accusations alone.” Or fairness. Due process. The Golden Rule.

There are countervailing factors pulling every which way. As I understand it, #MeToo  and “Time’s Up” insists that female accusers must be believed, unless the accused is the black, Democratic Party’s Lieutenant Governor of Virginia, or the harassment is caught on camera repeatedly, as in the case of the Democratic Party front-runner for President. In the arts, these allegations have had mixed effect. Conductor James Levine has not performed in public since he was fired by the Metropolitan Opera last year after accusations of sexually abusive and harassing conduct were substantiated in an investigation, but when Pixar chief and creative muse John Lasseter was fired for being a serial hugger (rather like that Democratic Party front-runner) he was rapidly snapped up by a rival studio that gave him as much power and more money. Go figure.

There is the anonymous factor: it is my long held position that an anonymous accusation relating to the workplace should be regarded as no accusation at all, meaning that there has been one allegation of sexual harassment against Domingo. An accused individual cannot address claims when he doesn’t know their source or facts. I have been the target of false anonymous accusations—not of harassment—in my career, and as a manager in various businesses and associations, I told staff that unless they were willing to go on the record with an accusation of wrongdoing, I didn’t want to hear it. It is too easy to destroy careers and reputations with false accusations with no accountability attached.

The other issue is the multiple accusation factor. In sexual abuse and harassment, there are no one-time offenders unless there has been a massive miscommunication. The typical scenario is that a single accusation triggers several, often many, more with near identical facts. This is why I did not believe Anita Hill and Dr. Blasey-Ford, and why I did believe Bill Cosby’s many accusers.

Timing is also important. Ancient accusations of sexual misconduct—I would say anything more than five years old is dubious—arriving after memories have faded, evidence has vanished and seemingly timed to do maximum damage to the accused should be treated with skepticism and a presumption of  bad will, especially when the accused is a public figure.

And yet… Continue reading →

Morning Ethics Warm-Up, 8/20/2019: Fake History, Fake Photo, Fake Assassination, Fake Native American

/ Jack Marshall / 22 Comments

A dramatic good morning to all.

1. Let’s see which news media outlets report this. Because, you know, the President is the one encouraging violence…State senator Martin Sandoval, who represents Illinois’ 11th District, had a  fundraising event last week that included a mock assassination of  President Trump for the enjoyment and edification of Sandoval’s supporters. Photos posted by a woman at the event show someone pointing a fake machine gun at a man wearing a Trump mask. “Trump” is acting as if he has been shot, grabbing his chest and leaning back. In another photo, Sandoval can be seen standing next to the person holding the gun.

Thus busted, and under fire from officials of his own party, Sandoval released a statement over the weekend apologizing for the incident, which he called “unacceptable.” “I don’t condone violence toward the President or anyone else,” Sandoval said. “I apologize that something like this happened at my event.”

Oddly, he didn’t take any action indicating those sentiments at the event.

2. Now THIS is police misconduct! Wow. Portland police suspected Tyrone Lamont Allen of robbing four banks and credit unions. Yet none of the tellers noticed Allen’s  facial tattoos, and he was not wearing a mask. To address that problem, the police photoshopped out the tattoos on Allen’s face before including his picture in a photo line up.

Then the witnesses identified Allen. Continue reading →

Here’s A Poll That The News Media Must Take Seriously…But They Won’t. Too Bad. For Everyone.

/ Jack Marshall / 24 Comments

Rebel journalist Sharyl Attkisson engaged pollster Scott Rasmussen to measure public attitudes about the political news media. His results, which he discussed on her show, “Full Measure”:

  • 78% of voters say that  journalists  use their media platforms to promote their own agendas.
  • 14% think that journalists fairly report what the news.
  • Focusing only on national news reporters, 57% of those polled said reporters slant their output to advance their own political agendas,
  • Only 26% of those polled believe that national reporters restrict themselves to the facts.
  • 52%  believe the problem has become worse compared to five years ago.
  • 42% of Americans believe national political news coverage is inaccurate and unreliable, while less— 38%—believe it’s accurate and reliable.
  • 36% of voters believe that a journalist would fairly report facts that would hurt their favorite candidate.

Observations: Continue reading →

The New York Times Reveals That It Will Move On From Its Three-Year “Trump Stole The Presidency By Colluding With Russia” Strategy For Undermining Him To A “Trump And Republicans Are Racists” Strategy For Defeating Him In 2020

/ Jack Marshall / 18 Comments

How else can we interpret the opening statement by Times editor Dean Baquet in a recent staff meeting? Someone surreptitiously recorded the 75 minute question and answer session and leaked it to Slate, which put it all online. It begins with this (emphasis mine):

Dean Baquet: If we’re really going to be a transparent newsroom that debates these issues among ourselves and not on Twitter, I figured I should talk to the whole newsroom, and hear from the whole newsroom. We had a couple of significant missteps, and I know you’re concerned about them, and I am, too. But there’s something larger at play here. This is a really hard story, newsrooms haven’t confronted one like this since the 1960s. It got trickier after [inaudible] … went from being a story about whether the Trump campaign had colluded with Russia and obstruction of justice to being a more head-on story about the president’s character. We built our newsroom to cover one story, and we did it truly well. Now we have to regroup, and shift resources and emphasis to take on a different story. I’d love your help with that. As Audra Burch said when I talked to her this weekend, this one is a story about what it means to be an American in 2019. It is a story that requires deep investigation into people who peddle hatred, but it is also a story that requires imaginative use of all our muscles to write about race and class in a deeper way than we have in years. In the coming weeks, we’ll be assigning some new people to politics who can offer different ways of looking at the world. We’ll also ask reporters to write more deeply about the country, race, and other divisions. I really want your help in navigating this story.

But I also want to [inaudible] this as a forum to say something about who we are and what we stand for. We are an independent news organization, one of the few remaining. And that means there will be stories and journalism of all kinds that will upset our readers and even some of you. I’m not talking about true errors. In those cases, we should listen, own up to them, admit them, show some humility—but not wallow in them—and move on. What I’m saying is that our readers and some of our staff cheer us when we take on Donald Trump, but they jeer at us when we take on Joe Biden. They sometimes want us to pretend that he was not elected president, but he was elected president. And our job is to figure out why, and how, and to hold the administration to account. If you’re independent, that’s what you do. The same newspaper that this week will publish the 1619 Project, the most ambitious examination of the legacy of slavery ever undertaken in [inaudible] newspaper, to try to understand the forces that led to the election of Donald Trump. And that means trying to understand the segment of America that probably does not read us. The same newspaper that can publish a major story on Fox News, and how some of its commentators purvey anti-immigrant conspiracies, also has to talk to people who think immigration may cost them jobs and who oppose abortion on religious grounds. Being independent also means not editing the New York Times for Twitter, which can be unforgiving and toxic. And actually, as Amanda Cox reminds me, doesn’t really represent the left or the right. [inaudible] who care deeply about the Times and who want us to do better, we should listen to those people. But it is also filled with people who flat out don’t like us or who, as Jack Shafer put it, want us to be something we are not going to be.

The transcript is long, and while I recommend reading the whole thing,  not everyone has sock drawers they can neglect. The unavoidable take-away is that the Times and its staff, mirroring the American Left of which it is bulwark, is obsessed with race as well enamored of the tactical advantages race-baiting it confers in the ideological struggle for control over the levers of government power.

Later, there is this revealing exchange: Continue reading →

Insomnia Ethics Dump, 8/19/2019 (at 3:16 am): What Keeps Me Up At Night

/ Jack Marshall / 32 Comments

Hi.

So depressing to observe the reactions of the Facebook Borg to my post about Elizabeth Warren’s self-outing as a lying demagogue. They couldn’t process it; they put their metaphorical fingers in their ears and hummed; they attacked the messenger (me); they channeled the generally-derided Politifact whitewashing of the “Mike Brown was murdered” lie. One lawyer friend apparent deep-dived Ethics Alarms to try to  find a post that would contradict my position regarding Warren (and Kamala Harris). She couldn’t, but pretended she had by metaphorically waving an essay in which I applauded a man acquitted of murder by reason of insanity who later admitted to others that he had killed someone when he was younger and insane. (I can’t find the damn thing myself.)  She then called me a liar and a hypocrite, because I had described the man as a murderer when he was innocent in the eyes of the law. A lawyer made this argument, mind you. I explained, not too nicely, that her analogy was idiotic, since there was no murder and no crime in the Brown case, so law prof Warren’s calling it either was dishonest and indefensible, while in the case of the recovered madman, there was a murder, a crime, and a murder victim. Though the acknowledged killer he was fortunate enough to have committed his crime in a state that holds the insane unaccountable, that fact didn’t change the act or the  crime.

I don’t know why I bothered. Warren fans, like Bernie Bros, appear to be completely immune to facts and reality.

1.  Why is there such a compulsion to corrupt the innocent, even the fictional innocent? I was hardly an admirer of those late 60s and 70s Sid and Marty Kroft Saturday Morning TV shows with people dressed in huge, garish thing-costumes and being relentlessly cheery. You know the ones: “H.R. Puffnstuff,” “The Banana Splits Adventure Hour,” “Lidsville”—those. In addition to being assaultive and unfunny, they also inspired Barney, for which the Krofts should never be forgiven.

Still, lots of kids loved the shows and characters, and they should be able to cherish those memories. Hollywood, however, seems determined to debase everything it can, especially fond memories, either by sexualizing them or making them dark, or both. (The re-boot of “Sabrina the Teenage Witch” and “Riverdale,” the series based on the “Archie” comics, are cases in point.) Now we have the new in which are re-imagined as murderous psychopaths.

Nice. Continue reading →

CNN And Chris Cillizza Not Only Show How Bias Makes Them Stupid, But How Bias Makes Them ASTOUNDINGLY Stupid, And Anyone Who Trusts Them Too

/ Jack Marshall / 18 Comments

This is so bad I have trouble categorizing it.

So desperate were repeat journalism ethics offender Chris Cillizza and his hopelessly biased employer CNN to find a way to turn a rumor into a new topic to mock Donald Trump with, that they displayed their collective historical ignorance across the metaphorical sky like the Northern Lights, and made those silly enough to trust them more historically ignorant than they were to begin with. (Note: journalists are supposed to make us more knowledgeable, not less.)

Apparently there has been some discussion in the White House about the U.S. buying Greenland, which belongs to Denmark. Talk is cheap, and this is, if news at all, barely news.

Asked about the non-story, economic adviser Larry Kudlow told “Fox News Sunday”  that the administration is “looking at” purchasing Greenland, whatever that means. It doesn’t mean much, since Denmark saysit isn’t selling, no talks are underway, no  offer has been made, and the U.S. can’t afford to rebuild its infrastructure, so the idea makes about as much sense as a family on food stamps deciding to go to Disney World.

Oh, by the way, I’m looking into buying a Rolls Royce. Continue reading →

Will CNN Have The Integrity To Fire A Partisan, Incompetent, Black, Gay Host?

/ Jack Marshall / 12 Comments

Of course not. But if it comes to a point where that is the dilemma, attention must be paid.

From Fox News (you wouldn’t expect CNN to report this story, would you?):

The former boss of a bartender who earlier this week filed an explosive lawsuit against CNN host Don Lemon, accusing the newsman of a strange, sexually charged assault, told Fox News he witnessed the incident and corroborated his onetime employee’s claim.

In an exclusive interview, George Gounelas, who managed Dustin Hice at the Old Stove Pub in July of 2018, detailed what allegedly occurred on the night of the bizarre encounter at Murf’s Backstreet Tavern, which is located in the prestigious Hamptons area east of New York City. Gounelas is named in the suit filed by Hice.

Lemon, through CNN, has vehemently denied Hice’s allegations.

“Dustin worked for me as a bartender [and] we went out after work one night. We were standing there and he said, ‘Hey, that’s Don Lemon,’” Gounelas said. “Murf’s is a place you go to drink after you’ve been out drinking. We had just gotten off of work. So that’s why we ended up there, because we worked in the restaurant business. So by the time everything is done, we can only hit a late-night spot.”

Hice approached Lemon to strike up a conversation but the newsman declined, according to Gounelas, who said he and Hice then offered to buy Lemon a drink, which the CNN host also declined.

Gounelas said that a few moments later, Lemon came up to them. “Don Lemon has now come around the corner and is standing face to face with us. There is a beam, a pole, in the place. Don’s standing up against the pole, face to face with Dustin, I turn around and I’m standing right there between the two of them,” Gounelas said. “He’s saying, ‘So you like me? Is that why you’re bothering me?’”

Hice responded, “Nah, man, I just wanted to say, ‘What’s up?’” according to Gounelas.

Gounelas told Fox News he couldn’t recall what Lemon said verbatim, but it was “along the lines of, ‘Do you like me? Is that why you’re bothering me, because you wanna fuck me?’” Gounelas said Lemon appeared “pretty drunk” when he confronted the duo at the wee-hours watering hole.

“He put his hands down his pants, inside his board shorts, grabbed his [genitals], and then came out with two fingers and, like, clipped Dustin’s nose up and down with two fingers asking ‘do you like pussy or dick?’” Gounelas said….

Gounelas said he isn’t sure if Lemon, who is openly gay, was being confrontational or simply flirting. “I guess it’s a little of both. If someone had done that to me, I probably would have punched him. But I think it might have been flirting. I think Dustin was more in shock… If someone was flirting with me like that I’d say, ‘alright man I’m not gay,’” Gounelas said. “I wouldn’t go up to a girl like that. It could be his way of flirting.”

Hice continued to work for Gounelas at the now-shuttered Old Stove Pub for the duration of the summer, where his former boss said the bartender was regularly teased about the incident.

Continue reading →

Assorted Ethics Thoughts In The Throes Of Insomnia, 8/17/2019: The Foot-In-Mouth Edition

/ Jack Marshall / 20 Comments

Started as a Morning Warm-Up, then it was a Mid-Day Update, then a Late Night something or other.

1. From the “Steve King is an idiot” files: Rep. Steve King, a Republican from Iowa whose avocation is sticking his foot in his mouth, told the Westside Conservative Club in Urbandale, Iowa that the unborn who result from rape are no less lives that other fetuses, and should not be subject to any “exception” to principled exception to abortion. “It’s not the baby’s fault,” he said.

So far, so good: King is right. Then he had to go and say this:

“What if we went back through all the family trees and just pulled those people out that were products of rape or incest? Would there be any population of the world left if we did that? Considering all the wars and all the rapes and pillages that’s taken place, and whatever happened to culture after society, I know that I can’t certify that I’m not a product of that. And I’d like to think every one of the lives of us are as precious as any other life.”

So when you really think about it, rape and incest are a good things, right, Steve?

That’s certainly how Democrats and progressives took his comments, and to be fair, his infuriatingly ham-handed rhetoric made it easy.  The position that unborn children are just as deserving of life regardless of how they were conceived is a powerful and greatly misunderstood ethical argument. It is not necessary to rationalize rape to make it; in fact, King’s dumb argument just muddles the issue. It’s also bad history and anthropology.

NBC has an article up claiming that King’s words show the “misogyny” at the heart of white supremacy. No, they just show that King is a moron, and we already knew that.

2. Nice. Here’s the title of a Gail Collins op-ed in yesterday’s Times: “How to torture Trump.” Continue reading →

Morning Ethics Warm-Up, 8/15/2019: Starring Two Of My Favorite Unethical Websites!

/ Jack Marshall / 29 Comments

WAKE UP!

Oh, great: started this post at 7 am, hell broke lose at ProEthics, and now it’s after noon. Well, the hell with it: I’m not going back to change the headline or the intro, and I like Lenny’s version of the Stars and Stripes at any time of day.

So there.

1. Unprofessional and dangerous stuff from  Above the Law….as usual. The legal gossip and snark online tabloid is run and written by lawyers who are not practicing law, so they feel free to engage in conduct that lawyers are forbidden from engaging in, like misrepresentation.  Lately the cyber rag has been cyber-ragging on Jones Day, a long-time, distinguished D.C. mega firm. Why are they doing that? Come on, it should be obvious.

ATL takes the position—and it has company— that Jones Day is eeeevil and must be shunned because it represents the Trump campaign. Hence you get headlines like “IF YOU HAD TO GUESS WHICH FIRM WOULD DO THIS:New allegations claim Jones Day lightened the skin and narrowed the nose on the picture of one of their lawyers.” Continue reading →