Journalism & Media

TGIF Ethics Round-up: Killer Whales, Palin-Hatred, MagicJack and More

/ Jack Marshall / 9 Comments

Brief ethics notes on a wild week…

  • How dare the killer whale be a killer?…Tilikum, the killer whale who either playfully or maliciously killed his trainer at Orlando’s Sea World this week, will apparently stay in the facility. Some pundits (the ones I have heard were of the foaming-at-the-mouth conservative fanatic variety) regard it as absurd not to put down a murderous whale when a dog, bear or tiger that similarly ended a human life ( Tilikum may have ended three) would routinely be destroyed. One doesn’t have to be a PETA dues-payer to see this as advocacy for blatantly unfair retribution. Let’s see: Sea World takes a top-of-the-food-chain predator out of the oceans out of its natural environment, earns admission fees by making it perform tricks for the amusement of humans in a theme park, pays relatively tiny and fragile trainers to interact with the three ton beast, and when the predators does what it is naturally designed to do—kill—we blame the whale? Continue reading →

The Paterson Scandal: Another Governor Bites the Ethics Dust

/ Jack Marshall / 2 Comments

For weeks, rumors have been swirling around New York Governor David Paterson, indicating that the New York Times was about to drop a scandal bombshell that would mortally wound his political career. The rumors themselves became a story, bringing some sympathy to Paterson as a political figure being smeared by whispers and innuendo. Paterson, who became governor when his predecessor, Eliot Spitzer, disgraced himself and his office by patronizing exactly the kind of prostitution ring he made his reputation prosecuting, was already unpopular and hadn’t helped himself any by claiming his unpopularity was fueled by media racism.

The good news for Paterson: from this point on, he needn’t worry about racism being the cause of his low approval ratings.

The bad news: The New York Times did have a scandal to investigate, and it shows the governor to be almost as great a hypocrite as Spitzer, as well as an abuser of his power and position. Continue reading →

Ethics Hero: Sen. Scott Brown

/ Jack Marshall / 1 Comment

It doesn’t matter whether the Obama Administration jobs bill Sen. Brown voted for is a good bill or not. He is an Ethics Hero for not marching in lock-step according to the demands of those who voted him into office to break the Democratic so-called “filibuster-proof” majority. A U.S. Senator, any Senator, has an ethical duty to excercise independent judgment. In light of the weight of expectations placed on him by conservatives and Obama opponents in the wake of his upset victory in Massachusetts, Scott Brown’s willingness to break ranks so early in his tenure speaks well of his character. Continue reading →

Ethics Hero: ESPN

/ Jack Marshall / 14 Comments

It almost brings a tear to the eye to see a media giant take a stand for the values of loyalty, civility, and respect, even when it means slapping down one of its stars. That’s what cable sports network ESPN has done in response to Tony Kornheiser using his radio show to insult the dress and appearance of Espy colleague Hannah Storm for cheap laughs. The network suspended its co-star of the popular “Pardon This Inturruption” for two weeks, saying, Continue reading →

Ethics Quote of the Week

/ Jack Marshall / 5 Comments

“In today’s world of suicide bombers and a ravaged economy, it seems not merely frivolous, but ludicrous.”

——— New York Times Assistant Editor Richard Berke, referring to the impeachment of President Bill Clinton in his review of the new book, The Death of American Virtue: Clinton vs. Starr, by Ken Gormley, in the New York Times Book Review.

Berke’s view is popular, common, and ethically indefensible. A President of the United States of America lied under oath in a formal court proceeding, an act that would disqualify him for the practice of law in every state in the nation. He orchestrated a cover-up withing his administration to avoid the consequences of that lie, and lied again in a statement before the American people, not in the interests of national security, but to hide his own misconduct.

Demanding integrity, respect for the law, and conduct in keeping with the importance, dignity and significance of the high office of the President of the United States of America is not, and must never be regarded as, either frivolous or ludicrous. I can only hope that eventually, over time, after the distortions and biases of political passions fade into historical and ethical perspective, sentiments like Berke’s will be both rare and derided for misguided priorities they champion.

Randy Cohen Watch: “The Ethicist” vs. Integrity, Accountability, and the Law

/ Jack Marshall / 5 Comments

Randy Cohen, “The Ethicist” of the popular New York Times Magazine column, frequently gets in trouble when he opines on the law, legal ethics, and how lawyers interact with society. This week he was at it again, and he got in trouble, all right. Big time.

Bruce Pelligrino wrote to the column to get “The Ethicist’s” take on the actions of a friend, who told Bruce he wanted to hire a lawyer to challenge a speeding ticket even though he had admitted to the police officer, in the presence of his children who were passengers in the car, that he had been driving 51 m.p.h . where the limit was 35.

“I think he should accept the consequences, learn from the experience and give his children a lesson in ethics,” wrote Pelligrino. ”Shouldn’t he just pay the ticket?”

Cohen sided with the speeder, opining…

“Even those who think themselves guilty are entitled to their day in court, and there is civic virtue in their exercising this right. A trial is a way to hold officials accountable for their conduct. Was the radar gun accurate? Was the speed zone clearly marked? Did the police officer behave properly? And what, given all the circumstances, is an appropriate punishment? Little of this could be scrutinized if everyone simply paid the ticket. It would be a court-clogging nightmare if every self-confessed speeder demanded a trial, but it is a fine thing if, now and then, some people do.”

Randy appears to have misunderstood the question, believing that Pelligrino’s friend was being charged with an arcane S.E.C. violation, or some intricate form of criminal conspiracy. The guy was driving too fast, knew it, and got caught! What does Cohen mean “Even those who think themselves guilty”? The driver admitted he exceeded the speed limit on the basis of his own car’s speedometer; he didn’t “think” he was guilty; he knew with complete certainty he was guilty, and said so to the cop who stopped him.

“The Ethicist” thinks “it’s a fine thing” for that driver to renege on his admission and impugn the policeman’s behavior, challenge the speed limit posting and question the radar gun to get out of a wrongful fine for an act he admits he committed. How could this course of action possibly be called ethical?

Here is what really is “a fine thing,” Randy: integrity—sticking to one’s word and backing it up with action. The driver said the ticket was correct. It is dishonest and irresponsible for him to turn around and challenge it as Cohen suggests. Here’s something else that is “a fine thing,” Randy: accountability—admitting when you have done wrong when you know it and accepting the consequences. The purpose of the legal system is not to encourage citizens to try to avoid just consequences for admitted violations of the law. Yes, as Cohen correctly notes, everyone has a right to challenge charges in court, but as anyone who calls himself an ethicist is supposed to know, it is not always ethical to exercise a right. Banks have the right to kick elderly homeowner out onto the street as soon as they fall behind on their mortgage payments. I have the right to limit my circle of friends and business associates to straight, white, Protestant bigots. I have the right to be blatantly incompetent in my free ethics commentary, and, like Randy in this case, to give mistaken and even harmful advice. All of these things are still unethical, however.

The Ethicist’s answer to Mr. Pelligrino’s query is unethical too, dramatically so. Cohen is saying that it is reasonable and ethical to force a trial on a traffic offense when…

  • The driver admitted the offense to the police officer…
  • …in front of his children…
  • …in order to challenge the veracity of the officer, who took his admission in good faith…
  • ….requiring the officer to appear in court, taking him away from community law enforcement duties…
  • …taking up court time, using taxpayer-funded personnel, that should be devoted to cases where the facts are genuinely in dispute…
  • …with the objective of avoiding the payment of a just fine to the government, where it would be used for community purposes, in order to transfer money instead to the pocket of, not just a lawyer, but the unethical species of lawyer who is willing to take unconscionable cases…
  • …thus teaching the driver’s children, if the driver prevails, that the objective in life is use the system to avoid accountability, even when you deserve to be punished, and..
  • …that respect for the law is less important than avoiding a thoroughly earned fine, and
  • …that speeding is all right if you can get away with it, thus…
  • …increasing the likelihood that the children themselves will regard excessive speed this way when they become drivers, and also increasing the chances that their driving habits will cause harm to themselves or others.

I have  read “The Ethicist” for years, I have learned that Randy Cohen has unseemly problems with honesty, a reflex prejudice against law enforcement, and shocking and brazen cluelessness on matters of legal ethics and the exercise of legal rights. Bruce Pelligrino managed to ask a question that involved all of them, and the result was one of the most indefensible answers I’ve seen from Cohen yet.

Tiger Woods’ Mother in the Ethics Rough

/ Jack Marshall / 18 Comments

“You know what? I’m so proud to be his mother. Period. This thing, it teaches him, just like golf. When he changes a swing… he wants to get better… He will start getting better… it’s just like that. Golf is just like life, when you make a mistake, you learn from your mistake and move on stronger. That’s the way he is. As a human being everyone has faults, makes mistakes and sins. We all do. But, we move on when we make a mistake and learn from it. I am upset the way media treated him like he’s a criminal…he didn’t kill anybody, he didn’t do anything illegal… They’ve being carrying on from thanksgiving until now, that’s not right! People don’t understand that Tiger has a very good heart and soul. Sometimes I think there is a complete double standard… He tried to improve himself. The tabloids and newspapers just killed him, held him back.. To me it looked like a double standard…When you make a mistake you learn from it and move on, that’s the way life is, that’s a human being. We’re not God, and he never claimed he was God. If anyone tells me to condemn him, I say look at yourself first.. .. I would … look in their eyes and tell them you’re not God!  This thing is a family matter… It’s not easy to be him. … (People) go to work 8 to 5 and go home to have a life with the family. Tiger can’t do that.”

—————Katilda Woods, Tiger’s mother, in remarks to the press following Woods’ statement and apology today, his first public appearance since a series of revelations about his multiple affairs.

Where to begin? I’m glad Mrs. Woods is proud of her son. That’s what mothers are for, in times like these. If only she had stopped there, before she plunged deep into the ethics rough. For example, I think Tiger’s been swinging enough, don’t you?

But Mrs. Woods decided to promote three of my least favorite rationalizations for terrible conduct, and then added one I had neglected.  Now that she mentions it, however, I hate that one too. Continue reading →

The Citizens United Opinion and the Post’s Unethical Poll

/ Jack Marshall / 3 Comments

Is the Washington Post story on  the Citizens United v. FEC Supreme Court opinion and the public’s reaction to it  dishonest, sinister, or just incompetent? I’m not sure, but I am sure of this: it is a classic example of why polls are a terrible way to guide national policy and lawmaking. The Post article begins…

“Americans of both parties overwhelmingly oppose a Supreme Court ruling that allows corporations and unions to spend as much as they want on political campaigns, and most favor new limits on such spending, according to a new Washington Post-ABC News poll.”

The statement is false and misleading. Whatever the merits or deficiencies of the Citizens decision may be, the vast majority of the American public has no idea what the Supreme Court ruling was, or why it was made. Continue reading →

The Racist Slur on Tea Parties, and an Ethicist’s Lament

/ Jack Marshall / 16 Comments

I thought long and hard about whether to write this post, and I resent the fact that I had to think about it at all. But it involves piggy-backing on a theme that has been finding voice on conservative talk radio, and concerns an unfair and dishonest theme being pushed by liberal talk television and certain media pundits. That means that whatever I write will immediately be taken, by those who view the world in narrow ideological terms, as a declaration of alliance when it has nothing to do with politics at all. It has to do with unethical journalism, sloppy reasoning, and dirty politics. I resent the fact that Right Wing radio is so frequently uncivil and unfair  that it sullies every legitimate observation and position that it takes. I resent the fact that so much of the public decides what they believe, not by the quality of the ideas in question, but by the identity of who advocates them. Communication is hard enough without bias serving as a perpetual hurdle to comprehension.

Oh, well….

The effort by certain commentators, TV hosts (notably MSNBC’s troika of Rachel Maddow, Chris Matthews and Keith Olbermann), liberal columnists and Democratic Party flacks to stereotype the Tea Party movement as a thinly-veiled racist protest is despicable, unsupportable, dishonest and unfair.  It is also insulting to Americans generally. And yes, I resent that too. Continue reading →

The Doritos Super Bowl Commercial

/ Jack Marshall / 4 Comments

So obsessed was I with the Tebow Super Bowl ad that I temporarily forgot that there usually are one or more product ads that inflame the culture wars.  Sure enough, this time there were two: Audi’s “Green Police” commercial, which has political implications but no ethical ones that I can see, and the Doritos ad, chosen by post-game polls as one of the best and most popular. That one did raise some ethical issues, recently collected by conservative columnist and radio host Dennis Prager.

The spot begins with an attractive woman greeting a date at the door, and asking him inside as she gets ready to leave. She has a young son, four or five years of age, who is snacking on a bowl of Doritos. We ( and the child) see the male date’s face express some combination of excitement, lust and pleasure at the sight of the woman’s comely derriere as she walks into her bedroom. He then sits on the sofa, smiles at the boy, attempts to make pleasantries, and starts to munch on a Dorito. The child sternly slaps the man across the face, and says to him, menacingly, “Put it back,” referring to afore-mentioned Dorito chip. “Keep your hands off my mama…keep your hands off my Doritos,” he continues to the shocked date, getting nose to nose with him in the process. All the actors in the spot are African Americans.

Television commercials can be culturally damaging and irresponsible if they appear to approve, encourage, or endorse wrongful behavior and attitudes. Was this such an ad? Prager thinks so. Let’s examine his objections individually: Continue reading →