Julian Assange: Not a Hero, Not a Terrorist, Not a Criminal, Just an Asshole

I know. Well, sometimes a vulgar word is the most accurate we have.

Our definition of journalism has yet to catch up with the cyber age, and freedom of speech does not distinguish among blogs, newspapers and dissidents. What ensures responsible use of First Amendment rights is ethics, not law. America allows journalists to act as information laundries, taking material that a private citizen was bound not to reveal by law, contract, or professional duty, and to re-define it to the world as what “the public has a right to know,” defined any way the particular journalist finds appealing.

Despite all the fulminating and condemnations by the likes of Mitch McConnell and Newt Gingrich on the Sunday talk shows, the U.S. can’t make Wikileaks founder Julian Assange a terrorist just by calling him one, nor can it fairly declare him a criminal for accepting the product of the unethical and often illegal acts of leakers, and making it public, just like the New York Times has done on many occasions…not under current laws.  Bradley Manning, the U.S. soldier who leaked many of the secret documents, is certainly a criminal. So was Daniel Ellsberg, who, to nobody’s surprise, is cheering Assange on and attacking his critics. . Assange, however, is not a criminal. He has not revealed any information that he accepted in trust while  promising not to reveal it. He is no more a criminal than the New York Times, if the New York Times was published in Hell. Continue reading

Obama’s Quality of Mercy: Strained

President Obama finally pardoned somebody who wasn’t a turkey last week, but not before he became slowest Democratic president in U.S. history to use Article II of the Constitution to right a judicial wrong or just exercise his power to demonstrate  the ethical virtue of mercy. His choices for pardons could not have been more tepid, however, prompting a withering blog post by Prof. P.S. Ruckman, who champions the pardon power, and keeps meticulous score.

Ruckman had predicted that Obama would end the pardon drought as soon as December hit, noting that recent presidents used the Christmas holidays as a convenient pardon prop. But he is outraged at the small number of pardons, writing,

“Can President Obama say “no?” Yes, he can! Continue reading

Ethics Alarm Triggering, Child Molester Cheering Quote of the Week: TSA Director James Marchand

“You try to make it as best you can for that child to come through. If you can come up with some kind of a game to play with a child, it makes it a lot easier.”

Transportation Security Administration chief James Marchand, explaining the TSA’s new approach to calming children who are subjected to the full-hand, feel-up pat-downs during airport security screening.

Yes, the TSA is now training its agents to present their touching of children in private places as a game—-you know, because this method has proven so effective for child-molesters. Continue reading

Ethics and the CALM Critics

The Commercial Advertisement Loudness Mitigation, or CALM Act, is now on the way to President Obama’s desk. The law addresses a long-time irritation to TV viewers, who have been complaining about television commercials booming out at ear-splitting volume as soon as a moderately-loud program takes a break. The advertising trick, which has been around for a while, has become even more blatant in recent years with availability of new sound technology. Some televisions have been equipped with devices that supposedly even out sound variations, but they do not completely solve the problem. The new legislation directs the Federal Communications Commission to require advertisers, within a year, to adopt industry technology aimed at lowering the volume on televised sales pitches.

This is a classic example of law doing what law is supposed to do: step in when individuals or organizations refuse to respect ethical values and cultural norms in the pursuit of their own self-interest, and set penalties to inspire them to engage in fair conduct, since “doing the right thing” isn’t motivation enough. Continue reading

Irresponsible School, Cowardly Teacher, Betrayed Students: the Palm Beach Classroom Attack Incident

Donald Charbonneau, a teacher at a Palm Beach, Florida middle school, watched as one of his students, a 13-year-old boy, Adrian Thompson, attacked classmate Joshua Poole, who was sitting at his desk. Thompson hit Poole several times, and threw him to the floor. Rather than intervening is the fight, Charbonneau left the room to get assistance. Poole says he now suffers from headaches and blurred vision from the prolonged attack, which was longer that it would have been had the teacher stopped the fight.

The school district released a statement explaining that the teacher was following a school policy dictating that staff can only intervene after undergoing “special training” on how to properly deal with such incidents.

Got it.

The policy is an irresponsible legal risk-reduction maneuver that places students at risk and turns teachers into spineless, equally irresponsible weenies. Continue reading

The Depressing Rangel Censure: Unethical Culture on Display

Charles_Rangel

It takes quite a bit of doing for the public punishment of a revered figure for unethical conduct to make an institution appear more unethical itself, but the U.S. House of Representatives was up to the challenge yesterday.

As expected, Rep. Charlie Rangel, former ly the powerful Chair of the House Ways and Means Committee, received a censure by majority vote, the harshest punishment a Member can receive short of expulsion. Rangel had been found guilty of five major ethical violations, or as they should properly be called, five instances of ongoing egregious unethical conduct. Charley and friends like to say “ethical violations” because that can be spun into mere carelessness, like not putting enough money on the meter. From the beginning, Rangel’s line has been that he made “mistakes,” suggesting they were either accidental or that he didn’t realize they were unethical. Think about that as you review the five: Continue reading

Ethics Lessons From a Missing “at”

An embarrassing story from Fairfax,Virginia yields several ethical truths.

A Virginia man facing a fine or worse for not stopping properly behind an unloading school bus got off scot free after it was discovered that he hadn’t broken any law—at least the way the law is printed in the statute books.

The law reads:

“A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children.”

Got that? You break the law by not stopping a school bus that is already stopped. Continue reading

Ethics Hero: Asra Nomani

Asra Q. Nomani is a Muslim. She is also is an American, an author, a women’s rights activist, and co-director of the Pearl Project. Today, in a column for the Daily Beast, she broke ranks with her religion and the absolutist foes of profiling as an anti-terrorist tool with a profoundly ethical act: she argued for new policies that may be against her own interests, but also may be in the best interest of her country and the public— because she believes it is the right thing to do.

The title of her essay: “Let’s Profile Muslims.”

Some excerpts… Continue reading

When The Occupation Of A Criminal Makes The Offense Worse

In Texas, a Roman Catholic priest named John Fala has been arrested on charges that he solicited a hit man to kill a teenager who had accused him of sexual abuse. He had negotiated a price of $5000 for the murder before he was arrested.

Who do we trust, America? Who can we trust?

 

Allied Against Consumers and Ethics: Google and the Sociopathic Businessman

Today the New York Times extensively documents the unethical business strategy used by the owner of a web-based eyewear business.

After making the discovery that Google does not distinguish between positive and negative mentions of a business on the Internet, he resolved to treat complaining customers as badly as possible to encourage complaints about his company on consumer sites. I do mean “as badly as possible”: the Times relates the accounts of customers who received insulting phone calls, threatening mail, and other harassing and bullying communications from the entrepreneur, who uses multiple aliases. The method works well: since on-line diatribes, complaints and bad reviews have piled up over his poor service, outrageous conduct and often shoddy merchandise, the man’s business is booming. Its name consistently nears the top of Google’s search results when a potential customer types the name of his or her favorite eyewear designer and “eyeglasses,” sometimes placing higher than the designer itself. Continue reading