Journalism & Media

Ethics Hero: Mark Cuban

/ Jack Marshall / 7 Comments
This is really stupid, but imagine if there's a watch on it! Useful AND stupid at the same time! What a concept!

This is really stupid, but imagine if there’s a watch on it! Useful AND stupid at the same time! What a concept!

Billionaire Mark Cuban is an entrepreneur, investor, and owner of the NBA’s Dallas Mavericks, but in one of his more trivial enterprises (sometimes it appears that he is aspiring to be the next Donald Trump—now why would anyone do that?), he serves as a “shark” investor on the ABC TV reality show “Shark Tank.” There investors and nascent entrepreneurs compete to justify their brilliant new ideas to investors, and there Cuban recently distinguished himself as well as served as a much-needed cultural role model by calling out a fraudulent product while attempting to educate a stubbornly ignorant public.

One contestant, Ryan Naylor, hoped to succeed with what he called “a fashion accessory with health benefits.” Esso Watches, he said, restore the body’s “energy field” and improve sense of balance. You’ve seen the bracelets and necklaces that athletes wear and that work on the same theory, the theory being magic, or, if you will “negative ion technology.” When Naylor handed out samples of his product to the judges, Cuban refused to even take one, saying, “No, I’m allergic to scams. Seriously, this is not new. It’s been disproven. What you saw is the placebo effect. There’s athletes that wear it. It’s a joke. It’s a scam. It’s not real. I’m out. Okay. Thank you.”  Then, having been emboldened, the rest of the judges piled on: there was blood in the water, and you know how sharks are.

In one of the filmed asides to the camera, a discouraged and bitter Naylor blamed his failure on Cuban, who, he suggested, was so emphatic about the fact that his watch’s health claims were nonsense that nobody would challenge him.

Good. Continue reading →

Leon Panetta’s Memoirs, and Reconsidering Ethics Alarms’ Absolute Condemnation Of Such Books

/ Jack Marshall / 5 Comments

Panetta

When Robert Gates, formerly President Obama’s Secretary of Defense,  published his memoirs, I wrote:

Bottom line: these people betray their colleagues for money, and often, as is Robert Gates’s case, out of spite. Former Defense Secretary Gates, like the others, was given an opportunity to serve his country in a high executive branch position. He was privy to policy discussions and the inner workings of the administration. He was trusted. To reveal details of his tenure while the administration he worked for is still in office, done in a way designed to provoke criticism and embarrass his former associates and boss, is the height of disloyalty, and a breach of implicit confidentiality.

The honorable and ethical way to write such a book would be to wait until it could not actively interfere with the work of the Executive Branch. The people may have a right to know, but they do not have a right to know everything immediately. People in high policy-making positions must be able to be themselves, express opinions, and have productive meetings with the confidence that those they work with are not collecting notes for a future Book-of-the-Month sellout. Books like Gates’s undermine that trust, make it more difficult to get candid and controversial opinions and ideas into the decision-making process, and ultimately hurt all of us. The former  Secretary and those who appreciate the additional ammunition for administration-bashing can assemble a lot of rationalizations for the  book, but they all boil down to “Everybody Does It,” the most threadbare and cowardly rationalization of all.The ethical thing would have been for Gates to write the book in a few years, or not to write it at all.

You can’t get much more definite than that, can you?

I could, without much difficulty, distinguish between Gates’ book and the recently released book by former Obama CIA director and Secretary of Defense Leon Panetta, “Worthy Fights,” that is drawing fire from Obama loyalists. Gates’ book often seemed petty and hypocritical, and I do think he was cashing in. He is, in my view, nowhere near Panetta’s caliber as an administrator or a thinker, and I trust Panetta as a public servant who isn’t motivated by money or celebrity, but by love of country. (Yes, he was by far the best of Bill Clinton’s team.) But rather than do that, and open myself up to the legitimate accusation that I am accepting the identical conduct from Panetta that I condemned from Gates because I respect Panetta more, I’ll just admit that my attack on Gates’ book was excessive, and that there are legitimate reasons, sometimes, and patriotic ones, for a high appointee to write such a book. Continue reading →

Whether It’s A Double Standard Or A Biden Exception, It’s Media Bias and It’s Wrong

/ Jack Marshall / 36 Comments

On CNN, the gang was discussing and chuckling over one of Joe Biden’s lesser gaffes, not that the same gaffe wouldn’t have had them screaming and shaking their fists if, say, Chris Christie had spoken similarly. In this case (with Biden, gaffes should be given case numbers; I’m guessing this one would be about #6,782,304), Biden used the uncivil term “bitch” when referring to the role of Vice President. This provoked Chris Cuomo to express his affection for Lunch Bucket Joe, saying…

 “I still love Biden for what he is. I just do. I think his candor is refreshing – and when he is insensitive to something, he owns it. What more can you ask for? Perfection?”

What does this even mean? Let me rephrase that. What the hell does this even mean? “For what he is”? Does Chris mean “an ongoing embarrassment”? A gaffe machine a heartbeat away from the Presidency? An unapologetic clown in a position of high responsibility and influence? You know what Chris really means, don’t you? He means nothing more nor less than, “I love Joe Biden because I love liberal Democrats, even silly, inept, dumb ones.”

Is that an admission that we should take lightly? Does it matter? Yes, I think it matters. Continue reading →

“Borderism” And The Ethics Of Circulating Stupid Ideas

/ Jack Marshall / 21 Comments
"Certainly sir! We'd be honored to publish your opinion piece in the Washington Post! We welcome new ideas, whatever they may be!"

“Certainly sir! We’d be honored to publish your opinion piece in the Washington Post! We welcome new ideas, whatever they may be!”

For some reason I’m not certain I’d be happy to discover, some editor at the Washington Post thinks what our world needs at this disturbing moment in time is a new form of injustice to address, one that most of us never considered an injustice at all. Thus that helpful editor decided to give a megaphone to someone named Markus Bergström, whom, we are told, is chief information officer of an NGO in Guatemala that promotes local governance in developing countries. This is itself interesting, because it provides a hint regarding why it is that developing countries have such a hard time developing. For Mr. Bergström, by the evidence of his opinion piece, deemed worthy of publication in a prestigious newspaper, is bats.

Essentially, his essay “Losing the Birth Lottery” asserts that life is unfair, so the only ethical thing to do is to make life chaotic and unfair. Bergström feels that it’s really, really mean that the United States doesn’t guarantee the same rights of U.S. citizens to every human being on earth, and insists that its refusing to do so is the moral equivalent of racism. He helpfully suggests the term “borderism” as the name for this heinous attitude, and writes:

“One could certainly argue that racial discrimination is worse than borderism because it excludes people from opportunities within their own countries. But how much worse? Many aspiring immigrants are born into nations where jobs are nonexistent, corruption is rife and indiscriminate violence plagues daily life. Being legally segregated into poverty and tyranny because of one’s ancestry is a cruel fate, regardless whether it’s because of race or citizenship.”

Continue reading →

Matt Williams’ Blues: Consequentialism, Hindsight Bias, And Moral Luck

/ Jack Marshall / 14 Comments

zimmermann

As I wrote last year about this time, the baseball play-offs make us unethical. Managers make decisions that either work or back-fire, and feed the toxic human tendency toward  consequentialism thusly: when they work, the decisions werecorrect; when they don’t, the manager was an idiot, and the choicee were obviously wrong. As with judging the ethics of an act, what happens after a baseball decision is made is irrelevant to whether it was a good decision when it was made.  This is almost impossible to keep firmly in mind. Our logic rebels at the idea that an ethical act can have horrendous consequences, or that the right tactical decision can result in defeat. But that’s life, as my father was fond of saying.

Hindsight bias further pushes us to confuse the making of a decision with its consequences. It is, not surprisingly, much easier to make a strong case that a decision was the wrong one after all the results are in. This, of course, is unfair to the decision-maker, who didn’t have the data the critics do when he or she acted. On the other hand, sometimes the reason the decision was the wrong one is that it was wrong, and the fact that the results were bad just support that verdict.

This morning, indeed since last night, Washington D.C. baseball fans and sportswriters have been wrestling this conundrum. The Washington Nationals, widely believed to be the strongest National League team in the post season, and quite possibly the favorites to win the World Series, find themselves down 0-2 in the best of five National League Division Series after a grueling, 18 inning loss to the San Francisco Giants, who didn’t even win their own division. The way the game went into extra innings will be debated for months if the Nats fail to rally and win the series. Nats starting pitcher Justin Zimmermann, who had pitched a no-hitter in his last outing, had been almost as good this time, pitching his team within one out of a 1-0 win that would have evened the series. He had dominated Giants hitters in every way, and had not shown any signs of weakening or, as they say in the game, “losing his stuff.” In the old days, that is, as recently as 20 years ago, a pitcher on a run like this would finish the game unless he had a stroke on the mound. Now, MLB managers are trained to be ready to go to their ninth inning specialist, the so-called closer, at any hint of trouble or even without it, and they almost always do.

As a reflex action, it makes no sense a lot of the time, other than “everybody does it.” A pitcher whom you know is pitching well is a known quantity, while a pitcher newly arrived to the game, whatever his skills, is not.  If the choice is between a starter who is not just doing OK but rather mowing down batters like Samson jaw-boning the Philistines, and bringing in a new arm, logic would dictate that the latter is the greater risk.

Nats manager Matt Williams acknowledged that Zimmerman was “in the zone” by not lifting him to begin the ninth, and was rewarded with two quick outs. When he walked his first batter of the game, however, on his magic 100th pitch (they count pitches now, and 100 is the number at which pitchers supposedly turn into pumpkins), and Williams lifted him, calling on closer Drew Storen. Continue reading →

Obama Presidency Ethics Trainwreck Update: On Ebola, Government Competence, Patterns and Panic

/ Jack Marshall / 12 Comments

Panic-attacks-button

The well-established pattern of the Obama administration has been ineptitude followed by denials and dishonesty, culminating in efforts to blame someone else. This is a familiar sequence in management incompetence, and it is one reason why incompetence is unethical. Not doing a job well is not itself unethical unless one falsely creates trust that the job will be done well, refuses to admit that it was not, and continues to be incompetent by avoiding both accountability and self-criticism.

As I have written here too often, this is the tragic history of Barack Obama’s Presidency, once regarded with such hope, now an abject lesson in how good intentions and optics are not enough to lead a nation. Since the last time I made an accounting, there have been several more serious fiascos born of miscalculations, naiveté, lack of diligence, and outright laziness, as indeed I predicted years ago that there would be. What I said was the effects of cumulative lax management, incompetence, political manipulation and arrogance were cumulative, and that we would see more and more results as time went on. This took no great acumen on my part: it did require astounding partisan bias and misrepresentation by so many pundits and journalists to deny it. Let’s see: since the last full accounting we have seen Russia’s slow-motion invasion of the Ukraine, the illegal Bowe Bergdahl prisoner exchange, the Iraq implosion and the rise of ISIS, the bizarre American “plan” to deal with it, the swarming of the border by illegal immigrants, and the revelation that the Secret Service is untrustworthy. Does even worse lie ahead?

Of course it does.

Thus the assurances that the country’s health authorities are handling the Ebola threat with proper thought, efficiency and care can only be accepted ay face value by someone who intentionally rejects the life lesson of “Fool me 2,438 times, shame on you.” I now the Washington Beacon is a conservative news and commentary source, but writer wrote truth and common sense in a recent column titled, “The Case for Panic.” He wrote in part… Continue reading →

Ethics Quiz: “I Don’t Know What This Cover Means, But It Must Be Racist”

/ Jack Marshall / 27 Comments

COVER-CANADIAN Law

The recent thread regarding the supposedly racist Boston Herald cartoon has prompted me to ponder how much we are obligated to know what was, is and will be considered offensive, and whether the cultural rules or guidelines regarding this are fair or clear. That post is in the works, but this one interposed itself.

The latest issue of Canadian Lawyer magazine  features a cover story about the lack of diversity on the Canadian bench. Above the Law joins outraged students, lawyers and civil rights advocates in being convinced that the cover is racist.

Your Ethics Alarms Ethics Quiz for today:

Is it?

Continue reading →

What’s The Ethical Response To Giving Birth To A Mixed-Race Child You Didn’t Bargain For? If Only Abe Lincoln Was The Lawyer…

/ Jack Marshall / 28 Comments
What does Abe have to do with a sperm bank mix-up in 2014? Read on...

What does Abe have to do with a sperm bank mix-up in 2014? Read on…

I can certainly sympathize with the plight of Jennifer Cramblett, the birthing half of a loving, and white, same-sex couple who sought the assistance of a sperm bank to conceive a child, and who ended up giving birth to a mixed-race baby girl because of the kind of clerical error that sets up movie comedies starring Adam Sandler or Cedric the Entertainer. This is like what happened to Chevy Chase in “Vacation,” when he ordered one car and had a different one arrive at the dealer’s months later. Well, the car was a lot worse, because it was ugly, but it drove fine. Well, let me think about that: lots of babies, even babies sired the usual way by attractive parents without alien sperm, are ugly. This baby wasn’t ugly: Cramblett says she’s beautiful. Has all ten fingers and toes. No apparent deformities.

Hmmm.

Maybe this situation is more like the cherry red Nova that got delivered as my first car, when I had ordered something else. I got a discount for going ahead and taking the Nova, and never regretted it: best, most reliable car I ever had, and I had it in the days when I was still having fun in cars.

Come to think of it, what’s Cramblett so upset about? She has a healthy, lovely child and a stable family. OK, that sperm bank owes her a refund, and maybe some “I’m sorry you got the wrong color” money. But would I not only sue the sperm bank for the lifetime of pain it had supposedly subjected me to by causing me to have a mixed race child, but also use the law suit to garner media fame? Of course not. There is no way to simultaneously claim that having a mixed-race daughter is a hardship worthy of substantial damages, and to argue that the race of her daughter doesn’t matter, because she is unconditionally loved.

The couple’s lawsuit against the sperm bank screams “Hey! This could be a jackpot for us!”  The couple’s lawsuit explains that Jennifer Cramblett was raised to accept stereotypical beliefs about blacks. It says she is culturally unprepared to raise a mixed-race child. It argues that their community is, in effect, bigoted, and that—get this—it’s hard to get their daughter’s curly hair cut. In other words, it’s just hell having a mixed-race daughter, but they love her very much and would never trade her for anything in the world.* Got that? Continue reading →

Ethics Dunces: Un-Named Members Of Mitt Romney’s Campaign Staff

/ Jack Marshall / 5 Comments
My guess? This whole Secret Service mess makes Clint want to throw up. Then there's that Mediaite headline...

My guess? This whole Secret Service mess makes Clint want to throw up. Then there’s that Mediaite headline…

 Inside Sources Reports:

“Multiple sources inside the Romney presidential campaign confirm that a Secret Service agent provided details of President Obama’s schedule several days prior to the President’s campaign stops becoming public….In the closing weeks of the 2012 campaign, a Secret Service agent was on the ground in a key swing state to coordinate security ahead of several campaign stops by the President. The agent, who was married, made advances towards a Romney campaign staff member.

InsideSources spoke with two staffers who witnessed the events in question. Each spoke on condition of anonymity and independently confirmed the details.

In one particular incident at a bar in late October 2012, the Secret Service agent, who had a number of drinks during the meeting, unprompted and in an apparent attempt to impress one of the staffers, began providing details of President Obama’s schedule. The information included times and locations of the President’s events in the final days of the election. The President’s campaign would not release these details of the President’s schedule publicly until several days later.

The sources state that the same agent on a separate occasion provided joy rides in a Secret Service vehicle with the lights flashing.

The leaked schedule was later passed on within the campaign. Others inside the campaign recall seeing the schedule, but the source of the information was not revealed. The schedule, therefore, was met only with skepticism. The details of the President’s schedule later proved to be accurate.

Former advisers to the Romney campaign note that the leaked schedule, which was not widely circulated within the campaign, did not impact the campaign’s strategy. It received little attention as the election was days away.”

Wait...what????

Multiple members of Mitt Romney’s staff knew that a Secret Service agent was endangering the President by revealing sensitive details about his schedule in 2012, and they waited until now to let anyone know?

They had an absolute duty—as Americans— to reveal this to the Secret Service itself immediately. Were they just waiting for a juicy time to reveal it, say, after this same idiot with an earpiece got the President killed? Did Mitt Romney approve the lack of the proper response? Or some campaign strategist who feared that the revelation would backfire, and cost votes? How many Romney staff members knew the President was at risk, and kept it to themselves? Do we even know now who this agent was, and whether he is still on duty?

The damage done by the incompetence of the Democratic government is substantially amplified by the ethical obtuseness of its Republican critics.

BONUS: The Mediaite headline on this story has to be one of the worst-composed in recent memory:

“Secret Service Agent Allegedly Told Someone Obama’s Movements to ‘Impress a Woman'”

I read it two ways, and neither was what the headline was supposed to convey:

#1: Obama was trying to impress some woman

#2: Ew!

_____________________________

Pointer: Mediaite

Facts: Inside Sources

Of Black Lungs and Concussions: How Can An Ethical Person Be A Football Fan?

/ Jack Marshall / 74 Comments
So now you know. And,,,?

So now you know. And…?

The worst thing about pro football is not its wife-beating, gun-toting, child-beating players, or that the league happily has been willing to ignore these little flaws while promoting such flawed men as heroes to America’s young. Nor is the worst thing about pro football the fact that one of its teams has a politically incorrect nickname. No, the worst thing about pro football is that it makes billions from inducing young men to cripple their cognition long before nature would even consider doing it to them, and corrupts its huge national audience by inducing it to not only cheer this process, but pay for it.

Sally Jenkins, in a frank, stark column for the Washington Post, compared the NFL to the coal industry of yore, when minors were dying of black lung and terrible working conditions, and the government had to step in:

Since the NFL insists on behaving like the coal industry circa 1969, the only solution to its problems is for Congress to step in and regulate the business of these 32 billionaire plunderers. This week, the Department of Veterans Affairs brain bank announced that 76 out of 79 deceased NFL players had chronic traumatic encephalopathy, a degenerative brain disease. The price for owning a team just went up. Jerry Jones, Bob Kraft, Dan Snyder, Steve Bisciotti and all the rest, if you want to enrich yourselves at the expense of the ravaged health of others, be prepared to pay for it. Your future is endless litigation and government interference.

The CTE thunderbolt follows closely on the league’s callous handling of domestic violence cases. A new raft of medical investigations and lawsuits say that CTE caused some of these devastating domestic explosions, such as Jovan Belcher’s 2013 murder-suicide. CTE leads to aggression, paranoia, impaired judgment and depression….Here’s the deal: Concussions are the black lung of the NFL. And the league knows it.

Sure it does, but my problem is, so do its fans. The nation needed coal, still needs it in fact, so regulating that industry was reasonable, imperative, and practical. The country doesn’t need to have a deadly sport to watch every Sunday (Thursday, Monday…). Once it could claim that it was innocent, that helmeted players were protected, and that the tragically crippled were aberrations. Not any more. Continue reading →