Journalism & Media

Comment of the Day: “Ethics Train Wreck Extra: the Lawyer, the Advisor, and the Kennedy”

/ Jack Marshall / 8 Comments

Let's give a warm, Ethics Alarms welcome to attorney MAX KENNERLY!

Max Kennerly, the attorney who has argued that Sandra Fluke could legitimately sue talk show host Rush Limbaugh for his on-air insults, rebuts the Ethics Alarms post finding his argument disturbing. I’ll have a response at the end. Here is his Comment of the Day on “Ethics Train Wreck Extra: the Lawyer, the Advisor, and the Kennedy”:

“Who said anything about “silencing?” Defamation is a civil claim that, when proven, results in a monetary judgment, nothing more. Limbaugh’s still free to say what he wants.

“I assume your response to the “it’s not silencing” argument is something like, “he’s not technically silenced, but his speech is chilled.” To that, I ask which scenario is more chilling: Continue reading →

Ethics Hero: —Wait For It—Rush Limbaugh!

/ Jack Marshall / 14 Comments

No, not for that!

For this:

Odd...one would think that a bed company would be familiar with this expression. Well, NOW it is!

After Rush Limbaugh’s personal attack on Sandra Fluke for her testimony before some House Democrats generated furious backlash and activist threats of boycotts of his sponsors, Sleep Train, which calls itself  “the No. 1 Bedding Specialist on the West Coast, and most recognized mattress retailer in the region,” announced that it was ceasing its advertising on Limbaugh’s daily radio show. It had been a national sponsor for 25 years. “As a diverse company, Sleep Train does not condone such negative comments directed toward any person,” the company said in a statement. “We have currently pulled our ads with Rush Limbaugh.”

Sleep Train is, to use the vernacular, a corporate worm. It began advertising with Limbaugh when it was a small company, and he has treated it well. At a moment when the talk show host was under attack by political opponents who want to get him off the air and be free of influential political commentary that often spears their cherished objectives, the company not only abandoned Limbaugh but kicked him when he was down. It was also deceitful about it: while it’s announcement sounded unequivocal, in fact it had only suspended its ads rather than withdrawn as a sponsor. Continue reading →

Ethics Train Wreck Extra: the Lawyer, the Advisor, and the Kennedy

/ Jack Marshall / 4 Comments

The faith-based institution mandate set the train on its fateful journey,  Rush Limbaugh sent a second locomotive into the stalled caboose after the first train jumped the track, and box cars are still tumbling in all directions:

  • Robert Kennedy, Jr., senior attorney for the Natural Resources Defense Council and co-host of the nationally syndicated weekly talk radio show “Ring of Fire”, picked now to tweet this, which rapidly went viral on the internet:

Didn’t we just hear the ladies of The View explain that a word is a word, and it didn’t matter which gender was on the delivering or receiving end of “slut”? Is anyone calling for Kennedy to apologize for using the same uncivil language that has Rush Limbaugh in hot water? In fact, Kennedy’s verbiage is distinguishable: it is directed at a Senator, not a law student; calling a man, especially a politician, a prostitute is not as provocative as using that term to describe a woman, no matter what Whoopi says; Kennedy is clearly using the term metaphorically (so was Limbaugh, but it was too close for comfort, since the topic was sex); and, as one conservative wag said, call girls are classier than sluts. All true, and yet the willingness of Kennedy to use similar terms of denigration in public while the Right is pointing to Bill Maher and shouting hypocrisy indicates one of two things, and maybe both: 1) Kennedy is so confident that a double standard is in play that he feels completely comfortable in rubbing everyone’s face in it, or 2) this is just further proof of the generational dilution of talent, intelligence and skill in the Kennedy clan. Yes, I think “both” is fair. Continue reading →

Ethics Train Wreck Chronicles: Villains, Victims, Hypocrites and Unlikely Heroes In the Contraception / Limbaugh / Fluke Debacle

/ Jack Marshall / 66 Comments

If this isn’t the Ethics Train Wreck of the Year, we have something truly horrible in store for us down the line. A no-so-brief brief re-cap:

  • The Obama Administration announces that church-run institutions like hospitals and universities will still be required to offer insurance coverage for abortions, sterilizations and other medical matters that might be in direct opposition to church beliefs. It’s a cynical move, designed to cater to the Democratic base at the expense of religious institutions. It is also irresponsible, since it jeopardizes the huge proportion of medical services performed by church institutions.
  • Conservatives scream that the measure is a breach of religious freedom. The is either ignorant or a lie. The Constitution has no provision requiring the government to make special accommodations for churches or church-operated institutions.
  • Caught by surprise by the intensity of the backlash, the Administration crafts a “compromise,” which is essentially deceitful sleight-of-hand, form over substance. The insurance companies now have to provide those services but the religious institutions don’t have to pay for it. But of course they will, through increased premiums elsewhere.
  • Flagging the deceit, Republican attacks on the measure continue. Democrats successfully frame the debate as a conservative attack on contraception, which it is a misrepresentation, and a “war on women,” which is ridiculous and unfair. The issue is churches being forced to provide or pay for services that violate their faith—which the government has every right to do.
  • The controversy activates GOP presidential candidate Rick Santorum, who is a fringe extremist in sexual matters and toes the Roman Catholic line. He really thinks birth control is immoral. This position, which is unethical, is suddenly given exposure it doesn’t deserve in the 21st Century Continue reading →

Super Tuesday Confirmation Bias Lesson, Or Why We Can Never Trust Media Analysis

/ Jack Marshall / 4 Comments

Checking the Republican primary results as Super Tuesday neared an end, I got an unexpected demonstration of confirmation bias in the news media, so vivid that it could be used in an educational video.

On CNN, John King, Gloria Borgia and the gang were analyzing the razor-close contest in Ohio, widely regarded as a must-win for Rick Santorum, just as Mitt Romney seemed to be pulling ahead for good. Welcome news for Romney? Not so fast!

Gloria Borger, whose contempt for all things Republican is always writ large on her face and unmistakably expressed by her tones of disdain (Does she even attempt to appear objective? It doesn’t seem so, as her demeanor when discussing GOP politics always suggests to me that she thinks she is covering some kind of demeaning novelty event, like a four-poster bed race or a dwarf-bowling, that the audience knows as well as she does is a colossal waste of time), vigorously took the floor and emphasized that Romney was winning in the very communities where Democrats were strongest, and losing to Santorum where Republicans usually did well. This, she said, eyes rolling (“I can’t believe I’m here talking about Republicans when I could be home watching a repeat of ‘Big Bang Theory!'”) showed that Romney would be in likely trouble if he were the nominee in November, since his strength would be wasted in Democratic strongholds and he wouldn’t be getting the support of the blue-collar types that a Republican presidential hopeful couldn’t win Ohio without. “To illustrate Gloria’s point,” King interjected, and then produced a computer graphic showing Romney’s fatally flawed vote patterns. Everyone nodded sagely. Mitt’s victory in Ohio showed that he was a loser.

Meanwhile, over at Fox, they were discussing the exact same phenomenon. Local politics maven Michael Barone weighed in, and said that this could bode well for Romney in November. John McCain, though losing Ohio in 2008, still “cleaned up” in the blue color districts, noted Barone, so even though Santorum was beating Romney there tonight, they could be still counted upon to go Mitt’s way in 2012 when Obama was the opposition. Meanwhile, the well-educated, wealthier areas that gave Barack Obama the critical swing state’s electoral votes that year have in the past swung Republican, and Mitt’s showing with that group tonight just might indicate that he could seriously cut into Obama’s strength, taking the state red. And Michale Barone knows his stuff, the Fox-ites gushed. Continue reading →

Is Obama Ethically Obligated To Reject Bill Maher’s Million? Don’t Be Ridiculous!

/ Jack Marshall / 5 Comments

Classy, Bill...but don't worry, your money's still good, even if you aren't.

Confirming the Ethics Train Wreck status of the church-run institutions/health care/ religious freedom/contraceptives coverage/Rush Limbaugh-Sandra Fluke mess, the Weekly Standard and other conservative pundits are playing the hypocrisy card and arguing that if Limbaugh is so reprehensible, then the Obama super-pac should apply the same standards to serial misogynist Bill Maher and return his recent $1 million contribution.

Idiots. As long as campaign contributions aren’t the fruits of a crime, the whole concept of rejecting “dirty money” is silly beyond belief. Do Republicans really want to stand for the proposition that only contributions from the pure of heart and word can be accepted by those running for office? Jerks like Bill Maher have rights too; he should have the same opportunity to support political candidates of his choice no matter what offensive and crude things he says to his cheering lap dog audiences on HBO. Politicians are not accountable for the character, words, beliefs and misdeeds of his supporters, nor should they be. This is not a standard that Republicans, of all people, want to establish. Nor should any of us.

Absolutely: Democrats and feminists who are furious at Limbaugh’s despicable misogyny  show themselves as hypocrites by appearing on Maher’s show. But his money is as good as anybody’s, and he has not forfeited his right to support candidates of his choosing. Nobody should be trying to take that away from him.

Ethics Dunce: Sandra Fluke

/ Jack Marshall / 60 Comments

Made for each other.

Well, now the jig is up on Sandra Fluke. Yes, she was the victim of Rush Limbaugh’s gross verbal assault. But she rejected his apology, which was direct and unequivocal, saying…

“I don’t think that a statement like this issued, saying that his choice of words was not the best, changes anything, and especially when that statement is issued when he’s under significant pressure from his sponsors who have begun to pull their support.”

So now we know who and what Rush’s adversary and momentary victim is. She is a steely-eyed activist who isn’t interested in mutual dialogue, fair play or civil discourse, only ideological victory. She thinks she has America’s most popular conservative pundit on the ropes, so she refuses to be gracious and to match an apology with acknowledgment and forgiveness. In this she reveals herself as no different from Limbaugh, who never gives a thought to fairness or courtesy to his perceived opponents. He sees his job as the destruction of “the bad guys.” So does she. Continue reading →

Unethical Quote of the Week: Slate’s J. Bryan Lowder

/ Jack Marshall / 41 Comments

“What’s more interesting is his complete refusal to recognize that the uproar around his statements isn’t just about name-calling, but rather his offensive misunderstanding of the importance and uses of birth control. As I wrote on Friday, Fluke’s own testimony was not about her sex life, but rather the painful experience of watching a friend who was forced to have an ovary removed because she couldn’t afford the pill, which, of course, has many medical uses aside from contraception. Many women depend on birth control, not for “social activities,” but for their basic health. And it is in light of his abject ignorance of female biology that Limbaugh’s willingness to demean a woman becomes truly outrageous. This apology only brings that ignorance into sharper relief”

—-Slate blogger J. Bryan Lowder, arguing that the outrage over Rush Limbaugh’s attack on law student Sandra Fluke was not just  because of his cruel and inappropriate denigration.

"Yeah, yeah, the name-calling wasn't cool, but what really ticks us off is that you don't acknowledge that we're right and you're wrong!"

Perhaps I ought to applaud Lowder for his candor, but if sincere, then this is an admission that some of the furious effort to punish and silence Limbaugh is motivated by his opposition to Fluke’s position—that contraception must be paid for in church-run institution health plans. Reminding readers that I a) wrote that the Administration was correct to require such institutions to obey the current laws like everyone else, and b) believe that Limbaugh crossed all lines of decency, fairness and civility in his attacks on Fluke, I find Lowder’s statement a blatant admission that he and his political allies aim to purge dissenting opinions from the media and the public square through intimidation, as well as a confession that the outrage over Rush’s insults was, at least by those who think like the blogger, a cover for the real objective: punishing someone for not bowing to progressive cant. Continue reading →

Ethics Dunce: Sen. Olympia Snowe

/ Jack Marshall / 12 Comments

To the left-biased media (in other words, almost all of it), a Republican who votes like a Democrat is an automatic hero, and can do no wrong. That is why, perhaps, Maine’s GOP Senator Olympia Snowe received nothing but accolades and sympathy when she suddenly decided not to run for re-election, citing the increased polarization in the Senate. Ignored and largely unmentioned in the national media is how this decision and her timing of it betrays her party, her staff, and Maine itself.

In announcing her decision, she said,

“As I have long said, what motivates me is producing results for those who have entrusted me to be their voice and their champion. I do find it frustrating, however, that an atmosphere of polarization and ‘my way or the highway’ ideologies has become pervasive in campaigns and in our governing institutions.”

Never mind, for the nonce, that for moderates to withdraw from polarized political bodies only makes them more polarized: Good plan, Olympia! Let’s concentrate on the first part of that selection. “What motivates me is producing results for those who have entrusted me to be their voice and their champion.”  Really, Senator? Then why in the world did you go out of your way to violate that trust, by doing the maximum damage possible to your party, your staff and your constituency in your manner of leaving? Continue reading →

Ethics Dunce: Rep. Debby Wasserman-Schultz

/ Jack Marshall / 17 Comments

Honestly, if you had told me that the Democrats could find someone to chair their national organization who was as big a buffoon, hypocrite and embarrassment as Michael Steele, I would have said that it was impossible. And then along came Debby...

On “Meet the Press,” the Democratic National Committee Chair. Rep. Debby Wasserman-Schultz (D-Fla.), reacted indignantly to the Rush Limbaugh-Sandra Fluke incident, saying in part,

“…And the bottom line is that the leading candidate on the Republican side for president couldn’t even bring himself to call Rush Limbaugh’s comments outrageous and call him out and ask him to apologize… Rush Limbaugh, in that apology, said that he was trying to be humorous. I don’t know any woman in America, David, that thinks that being called a slut is funny.”

By Wasserman-Schultz’s own conduct, however, we may apparently conclude that she thinks it is funny when a woman is called a “dumb twat” and a “cunt,” both of which vulgarities were directed at Republican women by HBO’s Bill Maher. Continue reading →