Slate’s Unethical “Redskins” Blackout

You know what Redskins really means, don't you? It means standing up to political correctness bullies.

You know what Redskins really means, don’t you? It means standing up to political correctness bullies.

Via the usually rational reporter David Plotz, we learn that Slate has decided that the Political Correctness Gods will no longer allow the on-line magazine to use the name of Washington’s NFL team when it is reporting on Washington’s NFL team. This is, of course, presumptuous, arrogant, and lousy journalism. It is not the media’s job to re-make the world into what pleases them. Slate doesn’t like the Redskins name so it’s not going to publish it. This seems to be the current mode of operation in the media today–it is no longer dedicated to reporting and commenting on the news, but rather reporting and commenting on the news it doesn’t find “offensive.”

The Redskins, as a team nickname, is certainly the strongest case for those who believe in censorship of team names with ethnic or national origins. The NCAA has already gone way beyond any rational execution of that mission however, and even in the case of Redskins, an unquestionably racist term when applied to Native Americans, the objection to a sports  team name with supposedly negative historical implication has a lot of the “a chink in the armor” nonsense about it. For in Washington, D.C. and in football bars and Sunday afternoon gatherings, Redskins is not a slur, and does not refer to native Americans. It is the name given to a squad of NFL players who play pro football in the name of Washington, D.C., and a franchise that is worshiped in the city. When the name is used, it is not aimed at Native Americans or intended to denigrate them. It does not refer to Native Americans, and not intended to give offense. It is intended to designate the football team, because that is the team’s name. How can someone be offended at the use of a name that is not intended and is not a slur in the context of the use in question? There two answers to this: 1) Most people, including rational Native Americans, aren’t, and 2) Because such people want to be offended.

The name “Redskins” was never intended as a slur, as I have explained here before. Continue reading

Badonkadonkeys

A face for radio, in D.C., anyway...

A face for radio, in D.C., anyway…

One would think—wouldn’t  one?— that I could listen to a baseball game on my car radio without being jolted intro an Ethics Alarms column, but nooooooo…

Here I am, sort-of listening to the Orioles game while running to the grocery store, and suddenly I hear two morning jocks have this exchange:

“So there, in line for the roller coaster, is this woman eating a funnel cake, and she has this comically huuuuge badonkadonk butt! It is the biggest butt I have ever seen! I couldn’t take my eyes off it!”

“How was she going to fit into the roller coaster seat with that badonkadonk?”

Well, I don’t think she could! And I came this close to saying, “Ma’am, would you please stand over here so I can take a photo of your comically gigantic badonkadonk butt as you eat your funnel cake?”

(hysterical laughter) Continue reading

Ethics Dunce: Photographer Jill Greenberg

 

"No emoticons were upset in the writing of this post."

“No emoticons were upset in the writing of this post.”

In Slate, renowned photographer Jill Greenberg returns to the topic that gained her unwanted notoriety in May: her exhibition of photographs of children crying their little eyes out. Greenberg revealed at the time that she captured the powerful photographs by giving the very young children lollipops or something else they liked or wanted and then having family members ask the kids to return the item. Strangely,  as Drew Curtis’Fark, one of my favorite web  sources for stories is wont to say, some people had a problem with this.

Greenberg revisits the issue because she has a book of the weepy photographs coming out. Seldom does one read a more casual, “What is the matter with people?”, utterly clueless display of invalid rationalizations for unethical conduct as Greenberg belches out. Unfortunately, another tendency illustrated by the article is far more common: a news sources examination of an ethics issue without any apparent sensitivity or understanding of the ethics issues involved.

Here are Greenberg’s rationalizations, or at least the ones she gave to Slate. I’m sure she has many more.

  • The Trivial Trap, or “Don’t sweat the small stuff.” “I have two children of my own. Crying is not evidence of pain or any real suffering. It’s really just the way children communicate.” Ah. Not real suffering. Then it’s all right, then. The bottom line is that Greenberg is intentionally upsetting the children, who, it can be fairly said, are less anxious and happier when they are not crying. Children who are teased, frightened or otherwise made uncomfortable can also be said not to be in pain or “real” suffering. It’s still cruel, and an abuse of power, to treat them this way. Come to think of it, Greenberg could make the same argument about some of the models in child pornography. Would she, I wonder?
  • “Everybody does it” and the “They’re Just as Bad” Excuse. “Making children cry for a photographer can be considered mean. But I would say that making children laugh and show off their jeans for an apparel ad is just as exploitative and less natural.” And, I suppose, making a Bangladesh child cry by taking food from her to make her cry is just as exploitative  and more natural than giving her food to make her smile, because, after all, she’s usually starving anyway.
  • The Saint’s Excuse or “It’s for a good cause” a.k.a “The ends justify the means.” Slate:  “The still image continues to have a ton of strength. An image taken out of context from one fraction of a second to the next can tell a story, and if photographers are looking to tell a certain story, they can curate those slices of time to their advantage. What’s weird about the images is they seemingly can be applied to all these random disparate causes. My husband was saying they’re like emoticons.” True, Jill, but those little smiley faces don’t have to be tortured to get them to frown or cry, because, unlike babies, they aren’t real human beings.

The bottom line is that Greenberg made money and got a lot of ink by making children unhappy, so she can’t see why anyone would argue that the conduct wasn’t justified, and based on the article, neither does Slate or its writer, Jordan G. Teicher. The photographer’s methods are, of course, obviously and indisputably unethical:

  • She exploited the children for her own agendas and benefit.
  • She abused her superior power over the children to get the reaction she wants.
  • She induced anxiety in another, causing needless harm.
  • She created a product, the photo, which memorializes a form of child abuse.
  • She recruited the children’s parents into assisting in the exploitation for the artist’s purposes, rather that doing their job as parents, thus inducing a breach of loyalty and a betrayal of parental duty.
  • She created and profited from a materialization of an unethical abuse of a child, which is identical to what child pornography does.
  • She encouraged others to create similar photographs, which will be created, in some cases, with even less humane methods.

Of course her methods were unethical. She deserves every bit of criticism and hate mail that she has received. But the sophisticates, like Slate and others, just shrug off the concern as foolishness, much ado about nothing. So she made kids cry! They cry all the time! What matters is that she got some great pictures!

Many of society’s problems arise from the fact that our media can’t recognize, and thus encourages, unethical behavior, even obvious examples like making little children cry for fame and fortune.

__________________________

Pointer: Alexander Cheezem

Sources: Bored Panda, Slate, Fully M

 

When The Incompetent Meet The Corrupt: The U.S. Postal Service vs Lance Armstrong

Left to right: Lance Armstrong's lawyers, the U.S. Postal Service, Lance.

Left to right: Lance Armstrong’s lawyers, the U.S. Postal Service, Lance.

The U.S. Postal Service, virtually insolvent and incapable of doing anything about it, wasted $31 million in 2000 on a four-year contract sponsoring Lance Armstrong and his cycling team. Why? Search me. Still, it was , the Service says, paying to endorse champions, not cheaters, which is what Armstrong and his team were. Now Postal Service is joining a false claims lawsuit, claiming that Armstrong and the team defrauded the government and violated their sponsorship contract by using performance-enhancing drugs. The Postal Service filed the suit shortly after Armstrong finally admitted that what had been alleged for over a decade, what he had denied and sued over and attacked and protested and postured indignantly in pained and defiant terms was, in fact true. He had used illegal and banned substances and methods on the way to his epic success, hero status and world fame.

Armstrong is also a crook, taking millions from the Post Office and other sponsors who believed he was a real champion rather than a phony one. It would be nice, inspiring even, if just one lying, cheating miscreant voluntarily returned the millions he acquired through dishonest means, rather than using those millions to hire super-lawyers to allow him to keep the ill-gotten gains. Lance, however, bottom of the ethics barrel-scum feeder that he is, would not be my most likely candidate for such a noble display. Indeed, he is living up to my low expectations. Continue reading

“Lookism” And The Plight of the Borgata Babes

"Uh...Desiree? We need to talk..."

“Uh…Desiree? We need to talk…”

Atlantic City’s Borgata Hotel Casino & Spa calls its waitresses the “Borgata Babes,” and makes its hiring decisions accordingly. The cocktail waitresses’ job description requires part fashion model, part beverage server, part hostess, and entirely eye candy for the male of the species.  When the casino  hires a new BB, it weighs her. If her poundage increases by more than 7 percent, the casino reserves the right to suspend her until she’s back in flirting trim.

Anyone could see this lawsuit coming a mile away, and sure enough, twenty-two newly-portly babes lost a lawsuit against the casino in which they claimed sexual discrimination. (There are no male equivalents to the Borgata Babes, just the usual ugly, flabby male waiters and bartenders.) New Jersey judge Nelson Johnson ruled last week that the Babes are paid sex objects, and that the Borgata’s requirements were legal because the women were aware of them and accepted them as a condition of their employment. Johnson wrote, “Plaintiffs cannot shed the label ‘babe’; they embraced it when they went to work for the Borgata.”

Slate, in writing about the case, sees the ruling as an endorsement of weight discrimination that could spread like the flu, putting corpulent women and men on the breadlines. ” Says Slate:

[T]he ruling also raises questions about the role of babes in workplaces across the country. It’s conventional wisdom that male gamblers will keep pulling away at the slots as long as they’re lubricated by strong drinks served up by babely women. But wouldn’t some female patrons prefer to be served be hunky pieces of man candy? And couldn’t most workplaces argue that its jobs are better performed by babes, regardless of the venue? Is it OK to require that strippers be babes? Casino waitresses? How about investment bankers?”

Now there’s a slippery slope argument if I ever saw one. While it is true that physical attractiveness can be an employment asset in virtually any job—note #2 on fired TV reporter Shea Allen’s “confessions”— there are some jobs for which it is the primary, or at least a substantial and thus legitimate requirement. Strippers, of course. Fashion models. Cheerleaders. Actresses. Personal trainers. Fox newsreaders. Hooters girls, and pretty obviously, Borgata Babes. To say that a business can’t make a decision to have fantasy sex objects as part of its appeal is an excessive use of political correctness grafted to state power. Essentially, the suing Babes are arguing that they can pull a bait and switch—use their well-toned beauty to get hired, agree to maintain the high standard of visual perfection that they presented to their employer, then go to pot and sue if their employer objects. Beauty is an asset in the workplace and a tangible one: the pressure on the culture to behave as if that asset doesn’t exist (the pejorative labeling of a preference for the lovely over the hideous as “lookism” is the weapon of choice) and to prohibit employers from ever hiring on that basis in jobs where it is a substantial and relevant qualification is as unfair to the fit and comely as requiring an investment banker to look like Kate Upton.

Since the law will require, and should require, clear standards, there will need to be a legislative determination of what kind of jobs for men or women can justify termination when their occupants become unsightly. The law should also, however, permit a job applicant’s appearance to provide a legitimate and legal edge when all other qualifications are equal even when the job itself does not have any beauty or fitness requirements. I do not deny that this is an ethical and emotional minefield, implicating age and race bias, and that there are some contentious battles to be fought. I do deny that the Borgata Hotel Casino & Spa is the place to fight one.

One place where the appearance discrimination battle does need to be fought is Iowa, where the case I wrote about earlier, in which a hen-pecked dentist sought to fire his attractive and competent assistant because he found her “irresistible” and his wife was jealous, had the same ridiculous resolution last week. Yet another Iowa court ruled that her impeccable appearance was a legal justification to can her. That’s as outrageous as firing a dental assistant because she’s put on a few pounds, but being a “babe”—or not—should be irrelevant to one’s skill in flossing teeth.

It does give some hope to the ex-casino waitresses. I hear they are hiring unsexy dental assistants in Iowa.

_____________________________________

Facts: Time

Sources: Slate, UPI

Graphic: YouTube (Yikes!)

Jackie Mitchell, The Girl Who Struck Out Ruth And Gehrig: A Legend And Ethics Conundrum

jackie-mitchell

The Jackie Mitchell saga is a great, feel-good story ruined by ethics rot. On one level, it is exactly the kind of tale that compels the treatment recommended by the old newspaper editor in John Ford’s “the Man Who Shot Liberty Valence”: “When the legend becomes fact, print the legend.” On another, it is an ethics mess, which might explain why I had never heard of Jackie Mitchell, once a proto-feminist icon, until I cracked open my new issue of Smithsonian Magazine.

Mitchell was a Depression era Chattanooga teenager who had been taught how to pitch by her friend and neighbor, Major League ace Dazzy Vance. A star on local women’s baseball teams, the tomboy southpaw was signed to a pro contract by the promotion-minded owner of a local AA level minor league team, the Lookouts, in 1931. Her big moment came when the New York Yankees came through Chattanooga from Spring Training on the way to opening the season up North. Lookouts owner Joe Engel arranged for two exhibition games against the Bronx Bombers, who, you baseball fans should know, included Babe Ruth and Lou Gehrig. Engel promoted the game as a David and Goliath showdown with Jackie playing David, and he was rewarded with a full stadium. Then this happened: Continue reading

Ethics Quiz! Richmond Law School’s “Cool” Ad: Lame, Deceitful…Or Just Advertising?

Richmond ad Richmond-Law-ad

So, what do you think? Such esteemed legal commentators as TaxProf Blog and Above the Law have mocked and condemned the above Richmond Law School ad directed at law school applicants deciding where to plant their hopes. “The clubhouse leader for the lamest law school ad of 2013” snarked the former. “Calling it “lame” or “uncool” or “hackneyed” or any of the other words in the English language that denote a distinct inability to appear genuine or interesting doesn’t do the ad justice,” declared the latter. Then there is the little matter of puffery, which usually means deceit, spin, or exaggeration, except that in advertising such lies (for that is what they are) are mostly accepted as part of standard practice. That employment within nine months stat cited is dubious in the judgment of those who feel only legal jobs should count–apparently Richmond Law includes jobs where a JD is considered an asset, but the graduates are not working as lawyers. (On the other hand, almost every  job I’ve had since I graduated from laws school has been in the “JD advantage” category, and I’m satisfied with the results.) Continue reading

Ethics Dunce: Jim Carrey

 Jim Carrey, not fooling as much as we thought...

Jim Carrey, not fooling as much as we thought…

There are no rule, laws, or principles of ethics that requires that an actor who usually portrays an ass actually has to be an ass, but if there were, Jim Carrey would be in complete compliance with them.

Jim Carrey announced via Twitter that he now objects to  “Kick-Ass 2,” the soon-to-be-released movie he stars in, citing as his reason the December, 2012 Sandy Hook shooting, which he apparently thinks will be made worse by the movie, or would have been caused by it if the film had come out earlier, or, well, something.  “I did Kick-Ass a month [before] Sandy Hook and now in all good conscience I cannot support that level of violence,” Carrey tweeted. “I meant to say my apologies to others [involved] with the film. I am not ashamed of it but recent events have caused a change in my heart.” Continue reading

“Yeccch!” Ethics, The Saint’s Excuse, and Shotgun Shock PSAs

crap poster

The above poster is being used by the Bristol, England, city council to get dog owners to pick up after their pets.

My reaction:

Yecccch! Ack!!! Gag!

Also this: What a lazy, inconsiderate, unfair and unethical assault on the majority in order to make an impact on a minority. Given the choice between wiping dog poop off my shoe or having my stomach turned by the image of a child eating it, I’m not sure which I’d take, or who I hate more, the inconsiderate dog owner, or the jerk who is willing to sicken me to get at him.

Good, noble, arrogant, self-righteous advocates for responsible behavior increasingly behave as if any collateral damage is acceptable, while their dubiously effective advocacy gets more shrill and ugly. Every time that current TV ad featuring the croaking, hideously disfigured ex-smoker talking while a photo of her lovely pre-cancer visage shows us the ravages of tobacco, I literally dive for the remote, just as I do when the animal cruelty spots begin bombarding me with images of sad-eyed, neglected and abused cats and dogs.

(I also do this when Piers Morgan, Nancy Grace, Donald Trump, Sean Hannity or Al Sharpton flash on the screen, but I digress.) Continue reading

Now THIS Is Incivility!

"Thank you, counselors. We will proceed to fucking closing statements."

“Thank you, counselors. We will proceed to fucking closing statements.”

I just saw a  local Boston TV ad for Ace Tickets. The slogan at the end was “Sit your Ace down!” So clever! Just throw gratuitous vulgarity into a commercial during a baseball game, doubtlessly viewed by many children, because it’s inherently amusing. The message is that vulgarity is cool, clever and acceptable. Other messages in the media, both in advertising and in pop culture, convey the same permissive standards regarding obscenity. Over on the Drudge Report, a much-admired news aggregator for  political junkies, especially on the right, no mention of Anthony Weiner’s annoying candidacy for Mayor of New York is made without a cheap “weiner” joke. Today, Drudge noted that Weiner was “inching up” in the polls. Get it? HAR!  Just under that “gag,” the news that men favored Weiner in polling was headlined “Male Enhancement.” Soooo witty!  The U.S. is being transformed into one huge junior high school. After growing up in such a vulgar, undignified, sleazy environment, the next generation won’t be prone to inadvertently use words like “fuck” and “shit” in public forums such as live award shows and TV interviews, like our current politicians, newscasters and celebrities. They’ll just use them intentionally, all the time. Won’t that be cool? I’m sure David Letterman thinks so. Cool Dave had A.J. Clemente, he of uttering “fucking shit” on the airways in his debut as a news anchor, as a guest on his show. Dave suggested to A.J. that his ex-bosses were jerks to fire him. Good point Dave! A.J. was just ahead of his time. In a decade or so, “fucking shit” may be the sign-off of the next generation’s Walter Cronkite.

Maybe less than  a decade. Note this account, in a court opinion, of a lawyer’s conduct before a magistrate: Continue reading