Journalism & Media

More Ethics Observations On The United Flight 3411 Ethics Train Wreck

/ Jack Marshall / 39 Comments

Yes, Ethics Alarms was able to find a photo of an actual plane-train wreck.

Observation 1.

This was all due to moral luck

If  four passengers had taken the United offer to surrender their seats, or if the passenger selected by the agent had complied, grumbling quietly, we would neither know about this horrific episode nor would anyone be talking about it. Yet the United employees would still have lied, and would still have abused United customers. They just didn’t get away with it, that’s all. They were unlucky.

Good.

Observation II

NOW passengers are informed.

Fine print is technical disclosure, but especially in the era of electronic ticketing, not actual or ethical disclosure. Before this episode, most flyers didn’t know what they had agreed to regarding overbooking, nor were they even aware that there was such a thing as “involuntary bumping” A lot more are aware now. From travel site One Mile At A Time:

When an airline knows that a flight is likely to be oversold, they’re required to solicit volunteers. Sometimes airlines will ask at check-in, and other times they’ll ask at the gate. When it comes to a voluntary denied boarding there are no regulations as to what you get….

When airlines can’t find volunteers and still have more passengers than seats, they need to involuntarily deny people boarding. Every airline has a clause in their contract of carriage allowing them to do this. Furthermore, airlines all have procedures they use for determining who gets bumped. Some airlines bump the people who don’t have seat assignments. Other airlines decide based on who checked in last. Others decide based on status and the booking class you have.

Do note that the number of passengers being involuntarily denied boarding was at a 20 year low in 2016. Out of roughly 660 million passengers last year, only 40,000 were involuntarily denied boarding, which is roughly 0.6 involuntary denied boardings per 10,000 seats.

If you’re involuntarily denied boarding, the Department of Transportation regulates what you’re entitled to. Here are the rules, as published by the DOT:

  • If you are bumped involuntarily and the airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one hour of your original scheduled arrival time, there is no compensation.
  • If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to 200% of your one-way fare to your final destination that day, with a $675 maximum.
  • If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (400% of your one-way fare, $1350 maximum).
  • If your ticket does not show a fare (for example, a frequent-flyer award ticket or a ticket issued by a consolidator), your denied boarding compensation is based on the lowest cash, check or credit card payment charged for a ticket in the same class of service (e.g., coach, first class) on that flight.
  • You always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an “involuntary refund” for the ticket for the flight you were bumped from. The denied boarding compensation is essentially a payment for your inconvenience.
  • If you paid for optional services on your original flight (e.g., seat selection, checked baggage) and you did not receive those services on your substitute flight or were required to pay a second time, the airline that bumped you must refund those payments to you.

As you can see, in many cases you’re entitled to a sizable cash payment, up to $1,350. However, here’s the dirty secret of the airlines. In a vast majority of cases they’ll only offer cash compensation if you specifically ask for it. Otherwise they’ll offer you the same voucher they gave anyone who was voluntarily denied boarding.

Note, however, that none of this involves taking people who have already been seated off of the plane. That’s because bumping doesn’t work that way, and also because the United flight in question wasn’t overbooked, as discussed below. Continue reading →

Thank The U.S. Women’s Soccer Team For Illuminating The Muddled Ethics Of Wage Gap Arguments In Women’s Professional Sports

/ Jack Marshall / 18 Comments

News item (April 5, 2017):

The U.S. women’s soccer players’ union and the sport’s governing body have agreed to a five-year collective bargaining agreement, improving standards for the national team and pro league and ensuring labor harmony through the next World Cup and Olympics.

In a joint statement, the U.S. Women’s National Team Players Association and U.S. Soccer Federation said they have “ratified a new collective bargaining agreement which will continue to build the women’s program in the U.S., grow the game of soccer worldwide and improve the professional lives of players on and off the field. We are proud of the hard work and commitment to thoughtful dialogue reflected through this process, and look forward to strengthening our partnership moving forward.”

The sides had been operating under the terms of the previous deal, which expired Dec. 31. In recent years, the players have raised issues about compensation and working conditions compared to their male counterparts, casting a shadow over the efforts of the most successful women’s team in soccer history and pitting the federation against wildly popular athletes, such as Carli Lloyd and Alex Morgan.

In March 2016, the players  filed a federal complaint with the Equal Employment Opportunity Commission, charging the USSF with wage discrimination. The case remains active.

Now this, from a day before:

In preparation for two upcoming friendlies against Russia, the U.S. women’s national team played the FC Dallas U-15 boys academy team on Sunday and fell 5-2, according to FC Dallas’ official website. This friendly came as the U.S. looked to tune up before taking on Russia on Thursday night in a friendly.

Ethics musings:

1.  CBS immediately provides cover, writing,

“Of course, this match against the academy team was very informal and should not be a major cause for alarm. The U.S. surely wasn’t going all out, with the main goal being to get some minutes on the pitch, build chemistry when it comes to moving the ball around, improve defensive shape and get ready for Russia.”

No, there’s no cause for alarm, because maybe the Russian women’s team would lose to amateur teenage boys too. But the women have loudly and indignantly insisted that they should be compensated at the same rate as the men’s soccer team. On what basis? If it is that the women’s team makes as much money as the men’s team (it doesn’t), OK, that’s a valid point. If it is that their skill, performance and level of play require equal pay, I think it is clear that facts and reality are not on their side. Continue reading →

Quick United Ethics Plane Wreck Passenger Addition: The Journalists And Others Smearing Victim David Dao

/ Jack Marshall / 25 Comments

Which one is David Dao? What is he like? What has he done? IT DOESN’T MATTER…

I had to post this as soon as a comment on the original post mentioned recent revelations about the abused passenger on—and then off–  United Flight 3411 yesterday.

David Dao (that’s his name) will naturally be the object of research by the news media, because he’s now a public figure and they are overwhelmingly scum. However, whatever exposure his past and present receives as a result of his unwelcome celebrity due to a United employee fingering him for no particular reason as a passenger to sacrifice to solve problems of the airline’s own making, none of it has any relevance to the episode. There is no justification for further injuring Dao by invading his privacy. It is a cruel and unethical thing to do. It is unethical journalism, because the details of the doctor’s life do not contribute anything to an understanding of the story and the issues that the conduct of United raises.

Never mind! This is the Paul Newman film “Absence of Malice” crossed with “Airplane”—an innocent bystander is swept up in a controversy, and as a result is embarrassed before the world because journalists never consider the Golden Rule, and seldom care about fairness, decency, compassion or the consequences of what they publish. “The public has a right to know,” they posture. Really? Why does the public have any right to know about Dao, besides what they see on the YouTube videos?

TMZ, a bottom-feeding celebrity site,  first dug up Dao’s history, posting a click-bait headline.  The Courier-Journal, a Kentucky affiliate of USA Today, then piled on with a story about the “doctor with [a] troubled past.’  The New York Daily News,  The New York Post, The Washington Times, The Chicago Sun Times, D.C.’s ABC affiliate  and People Magazine all joined the fun, the game being “Let’s see if we can further embarrass and humiliate this man, because United didn’t do enough already.” People’s expose was titled “Revealed: All About the Doctor Dragged Off Overbooked United Flight — and His Troubled Past.”

Did I mention that the woman whose life is put on the front page in “Absence of Malice” kills herself? (Melinda Dillon received an Oscar nomination for the role.) Continue reading →

Ethics Quote Of The Week: Syrian Refugee Kassem Eid

/ Jack Marshall / 38 Comments

If only more guests of the President Trump-Resistance enabling broadcast news media would expose the disgraceful journalistic bias like Kassem Eid, a victim of an earlier chemical weapons attack by Assad, now living in Germany.

Asked by CNN/s Brooke Baldwin about his reaction to the US missile response to Assad’s use of  Sarin against Syrian civilians., Kassem said he cried with joy.  “I thanked God…I was overwhelmed,” he said.

Then Baldwin noted, “At the same time, [President Trump] doesn’t want Syrians to come into this country with this refugee ban.”

(so please tell us why you hate him as much as we do, even though this interview is supposedly about yesterday’s news, the missile attack, and not the travel restrictions…)

To help feed the refugees expected anger and outrage, Baldwin then showed a clip of Hillary Clinton condemning the temporary travel ban,  in which she said,  “We cannot speak of protecting Syria’s babies, and in the next breath close America’s doors to them.”

“Quickly Kassem, how do you see that?” Baldwin fished…(and please, spare no emotion in showing your anger and outrage toward our racist, xenophobic and illegitimate President….)

Kassem responded…

“With all due respect, with all due respect,I didn’t see each and every person who was demonstrating after the travel ban… I didn’t see you three days ago when people were gassed to death…I didn’t see you in 2013 when 1,400 people were gassed to death. I didn’t see you raising your voice against President Obama’s inaction in Syria that left us refugees. If you really care about refugees, if you really care about helping us, please — help us stay here in our country. We don’t want to come to the United States. We want to stay in our country. We want to stay in our country. With all due respect, this is hypocrisy. If you really care, if you really care…help us stay in our country. We don’t want to become refugees. We want to stay in our country. Help us establish safe zones…Help us stay safe in our country. And if you’ll just give me a few seconds just to tell President Trump, once again. Please sir, what you did was amazing. What you did was a powerful message of hope for a lot of people inside and outside of Syria. Please don’t stop on this. Please. Help Syrians stay in their country! Please take out Assad’s air forces so they won’t be able to commit more atrocities using traditional weapons. 500,000 people were killed with traditional weapons — just so people can know what we’ve suffered in the past six years.”

Perfect.

Brooke looked like she had eaten a bug.

Good.

Yale’s Core Values Betrayal: The Case Of The Student’s Unnecessarily Provocative Philosophy Essay

/ Jack Marshall / 18 Comments

It certainly appears as if U.S. higher education is sailing toward the shoals of ethics bankruptcy, full speed ahead. It also appears that Yale, although it’s part of a tightly bunched armada, is leading the way.

A law suit called Doe v. Yale tells a jaw-dropping tale that once would have been unbelievable, “once” meaning “before a large segment of the culture accepted the proposition that free expression and thought were undesirable unless they met certain lockstep requirements that will ease the way to a progressive utopia.” The plaintiff, a male student, claims that Yale punished him for the offense of writing a class essay that offended a female teaching assistant.

According to his lawsuit, in late 2013 a philosophy teaching assistant filed a complaint with the university’s Title IX office, complaining about a short paper “Doe” had written in the class she was helping to teach.  The essay discussed Socrates’ discussion, recounted in Plato’s “Republic,” of the three divisions of the soul and their relationship to justice. It applied the Greek philosopher’s ideas to rape, arguing that the crime was also an irrational act in which  the soul’s appetites and spirited components overwhelm its reason, which must have primacy for mankind to be moral and just.

The Title IX coordinator, an associate dean in the Graduate School of Arts and Sciences named Pamela Schirmeister, told Doe that his essay was “unnecessarily provocative.” By daring to discuss rape, he had committed an offense against the teaching assistant. He was told to have no contact with the teaching assistant, and ordered to attend sensitivity training at the university’s mental-health center—re-education and indoctrination, in other words. “Doe” was now, he was told, a “person of interest” to Yale, meaning that that the college was now going to be watching him with a grounded suspicion that he was a potential danger to the campus.

What followed, a few months later, were two dubious accusations of sexual assault by female students, both handled with the slanted, pro-accuser, due process-avoiding  approach that has become epidemic on campuses since President Obama’s Dept of Education issued its infamous “Dear Colleague” letter in April of 2011.  Ethics Alarms has discussed some of these cases and the letter, but that is not the topic before us today.

Today the topic is the suppression of free speech, thought, and expression on college campuses.  Continue reading →

Unethical Quote Of The Month: President Trump

/ Jack Marshall / 25 Comments

“I think he shouldn’t have settled; personally I think he shouldn’t have settled. Because you should have taken it all the way. I don’t think Bill did anything wrong. I think he’s a person I know well — he is a good person.”

—President Trump to the New York Times , speaking of the sexual harassment allegations intensifying around star Fox News Bloviator Bill O’Reilly.

Now President Trump is acting like President Obama. The President of the United States abuses his power and position by ever commenting upon or registering an opinion about matters that do not involve the national welfare or his direct responsibilities. These include local law enforcement episodes (Trayvon Martin, the arrest of an African-American professor in Cambridge by a white cop), employment matters, private lawsuits, pending criminal trials, TV shows (Saturday Night Live), media coverage (don’t get me started), legal business decisions and sports controversies (Colin Kaepernick). Obama never learned this (among other leadership basics, a problem fagged as “flat learning curve” on Ethics Alarms), and, not surprisingly, Trump is going to be even worse. Continue reading →

In Kansas, A High School Ethics Train Wreck: An Unqualified Principal, Unethical Students, And A False And Dangerous Lesson About Consequentialism

/ Jack Marshall / 106 Comments

Why are these students smiling sweetly? Because they sent the message to their teachers to be wary; after all, there’s a lot of dirt on the internet…

Ugh.

Seemingly every one is cheering the Pittsburg High School (Kansas) students on the school paper who investigated their newly hired principal, found her credentials to be dubious, and forced her to resigned from her $93,000-a-year job. You can read the story here and here.

For the purposes of Ethics Alarms, I’m not interested in the principal at all. What matters here is that journalists, teachers, TV talking heads and everyone else commenting on the story are proving themselves ignorant of basic ethical principles, like the fact that conduct that happens to result in something desirable doesn’t make the conduct appropriate if it wasn’t ethical at the outset, aka “consequentialism leads to bad lessons and bad ethics,” and “the ends justifies the means.”

From the article:

“Pittsburg journalism adviser Emily Smith said she is “very proud” of her students. “They were not out to get anyone to resign or to get anyone fired. They worked very hard to uncover the truth.”

Emily Smith is too incompetent and ethically confused to advise aspiring student journalists or any other students. The students “wanted be assured that she was qualified and had the proper credentials,” according to the student editor of the paper. That’s not their job, their duty, or their business. They aren’t journalists; they are students learning about journalism. Determining if the new principal was qualified was entirely the responsibility of the the Pittsburg Board of Education, which botched its job and approved hiring the principal at its meeting March 6. That the students did the due diligence the Board failed to do is being used as cover by the Board: Everything worked out because of these great students, who we have educated so well!

Wrong. Unbelievably wrong. Dangerously wrong.

What’s going on here? Continue reading →

How Do We Know The Democrats Can’t Find Any Ethical Reason Not To Confirm Judge Gorsuch? Because They Searched And Searched, And The Best They Could Come Up With Was THIS [UPDATED]

/ Jack Marshall / 22 Comments

Pathetic. Desperate.

Typical.

“And it’s a HAIL MARY PASS!!!!!!!”

Today headlines screamed—do mark the journalists and news organizations, for they exemplify Prof. Glenn Reynold’s jibe, “Democratic operatives with  bylines”—that Supreme Court nominee Neil Gorsuch had committed plagiarism in four passages of his 2006 book “The Future of Assisted Suicide and Euthanasia,” which was based on his 2004 Oxford dissertation, before he became a judge.

That’s a stretch, and more than that, making this a major new story now indicates bias.

In the most egregious of the passages cited, Gorsuch included a description of the famous “Infant Doe” case that tracks closely with the description in a 1984 law-review article by Abigail Lawlis Kuzma. Both versions primarily quote from the court opinion: Kuzma’s article tracks equally closely to the original opinion, a 1982 Indiana court ruling that was later sealed, a  pediatrics textbook, “Rudolph’s Pediatrics,” and a 1983 article in the Bloomington Sunday Herald. Gorsuch cited all of these, but did not cite Kuzma’s article.

He should have. That’s a citation error, but probably not plagiarism. Several the sentences in the book and the article are identical or close to it, and Gorsuch should have used quotation marks. However none of the sentences involved anything but factual  and technical descriptions. For example,the article states that “Esophageal atresia with tracheoesophageal fistula indicates that the esophageal passage from the mouth to the stomach ends in a pouch, with an abnormal connection between the trachea and the esophagus,” and Gorsuch wrote, “Esophageal atresia with tracheoesophageal fistula means that the esophageal passage from the mouth to the stomach ends in a pouch, with an abnormal connection between the trachea and the esophagus.” 

Now, if I were writing about esophageal atresia, about which I know nothing, in the course of an analysis of a larger issue, I would probably re-phrase that passage, perhaps writing, “When the esophageal passage from the mouth to the stomach ends in a pouch, with an abnormal connection between the trachea and the esophagus, this is the condition called esophageal atresia with tracheoesophageal fistula.” I haven’t added anything original, though. There are no new thoughts or content. My re-phrasing would just dodge the accusation of plagiarism. When I wrote my thesis, which involved reviewing multiple biographies of every U.S. President, it was not uncommon for me to find paragraphs in the earliest materials that were worked over and re-phrased again and again, with no quotes but citations.

The National Review, a conservative publication, so its position will be discounted as biased and partisan, tracked down Kuzma, who waved off the plagiarism charges:

“These passages are factual, not analytical in nature, framing both the technical legal and medical circumstances of the “Baby/Infant Doe” case that occurred in 1982. Given that these passages both describe the basic facts of the case, it would have been awkward and difficult for Judge Gorsuch to have used different language.”

Weeell, that’s laying it on a bit thick. Gorsuch certainly could have done a more academically acceptable job of re-stating the substance of what she wrote; it’s not THAT “awkward and difficult.”

Continue reading →

Ethics Hero: CNN’s John King

/ Jack Marshall / 24 Comments

Things are pretty bad in the profession of journalism when a reporter can be an Ethics Hero by simply staying objective and stating the obvious, but such is the wretched state of journalism ethics in 2017.

As mentioned in the earlier post, CNN immediately avoided journalism and defaulted to partisan Obama Administration defense mode when it was revealed that Obama National Security Advisor Susan Rice “unmasked” Trump campaign personnel whose conversations were inadvertently picked up in security surveillance. Rather than examining the story, objectively, factually, CNN anchors Don Lemon and Chris Cuomo declared the story, respectively, a Trump-manufactured  diversion and “fake news.” (The New York Times did its part by burying the Rice story on page A-11.)

CNN’s John King, however, bravely eschewed the company line, that line being “partisan spin.” Showing a video from last month, King began…

“This is Susan Rice a short time ago on the PBS Newshour with Judy Woodruff. When asked at first, her name was not involved at first in the conversation at this point. When asked at first the House Intelligence Committee chairman Devin Nunes says there was unmasking done by Obama administration officials.”

Now he runs the tape…Woodruff’s question was, ” I began by asking about the allegations leveled today by House Intelligence Committee Chairman Devin Nunes that Trump transition officials, including the president, may have been swept up in surveillance of foreigners at the end of the Obama administration.”

SUSAN RICE: I know nothing about this. I was surprised to see reports from Chairman Nunes on that count today. I really don’t know to what Chairman Nunes was referring. But he said that whatever he was referring to was a legal lawful surveillance and that it was potentially incidental collection on American citizens.

The clip ends.

KING: Uh, remember the beginning of that. “I know nothing about this.” This is the same Susan Rice moments ago on MSNBC.

He runs the second clip.

RICE: There occasions when I would receive a report in which a U.S. person was referred to. Name not provided. Just U.S. person. And sometimes in that context in order to understand the importance of the report and assess its significance it was necessary to find out or request the information as to who that U.S. official was.

The clip ends.

KING: Not to be a jerk here but will the real Susan Rice please stand up?

Added guest Yahoo! News chief Washington correspondent Olivier Knox:

KNOX: The second part of that on MSNBC there a perfectly logical explanation on how unmasking works but the problem is the previous comment in which she denies any knowledge of it so she can’t in the same breath…

KING: Welcome to the witness list.

KNOX: Yeah, I mean, come on!

Translation: If what Rice did was innocent and unremarkable, why did she initially deny she did it? Continue reading →

Ethics Quote Of The Month: Chicago Cubs President Theo Epstein

/ Jack Marshall / 16 Comments

“That is ridiculous. The whole thing is patently ridiculous. It’s baseball–a pastime involving a lot of chance. If [Ben] Zobrist’s ball is three inches farther off the line, I’m on the hot seat for a failed five-year plan.”

—-Theo Epstein, president of the Major League Baseball’s 2016 World Champion Chicago Cubs, upon learning that Fortune Magazine had chosen him #1 among “The World’s Greatest Leaders” in a click-bait list released last week.

Thank-you, Theo, for explaining moral luck and the perils of consequentialism to the public. When it came down to the final innings of Game 7 in last year’s World Series, it looked for a while like Cubs manager Joe Maddon was about to blow the chance to win an elusive title after over a century of frustration by keeping his clearly gassed closer on the game. That his risky decision didn’t make Maddon a goat for the ages and Epstein one more name in the long list of Cubs saviors was pure moral luck—the element of chance that often distinguished heroes from villains. winners from losers and geniuses from fools in the public’s mind—and gross consequentialism, judging decisions by their uncontrollable results rather than their objectively judged wisdom and ethics at the time they were made.

If the Cleveland Indians had won that crucial game in extra-inning, no matter how, Epstein might have made Fortune’s list (I doubt it), but he would have been nowhere near the top. Continue reading →