Ethics Dunce: Innovative Legal Marketing

Would "Seinfeld's" Jackie Chiles be a worse spokeperson for lawyers than Arnie Becker? Hmmmm...

L.A. Law’ Actor Corbin Bernsen, whom we originally got to know as priapic divorce attorney Arnie Becker on the old TV lawyer series  “L.A. Law,” was recruited in 2009, fifteen years after “L.A. Law” went to re-run heaven, to serve as the paid spokesperson for Innovative Legal Marketing, a Virginia-based company providing marketing services for lawyers and law firms. Now Bernsen has filed a lawsuit claiming he’s owed more than $668,000 after the company allegedly breached its contract and dropped him.

I have no idea whether Bernsen or the marketing firm has the law on its side in the suit, but I do know this: for a legal services marketing firm to recruit the actor who played Arnie Becker to promote legal services is an implicit insult to the legal profession and the intelligence of the public. Continue reading

Unethical Quote of the Week: Rep. Michele Bachmann…Again

Bachmann doesn't kid about this.

“When you take the 9-9-9 plan and you turn it upside-down, the Devil’s in the details.”

—-Rep. Michele Bachmann, concluding her critique of rival Herman Cain’s “9-9-9” tax plan during the Bloomberg GOP presidential candidates’ debate.

Throughout her campaign, as she has throughout her political career, Rep. Michele Bachmann has been sending coded messages to her Evangelical Christian base, usually through Bible references that most Americans don’t recognize. But most of us have seen “The Omen.” When an Evangelical like Bachmann suggests, with a big smile of course, that a black Presidential rival named Cain is pushing a plan that becomes the Mark of the Beast when turned upside-down, she’s not joking….indeed, I have never seen any evidence that Michele Bachmann is capable of joking. Continue reading

Roger Williams, Consequentialism, and “Born Free”

Roger Williams in his 80's. Take THAT, Drake!

Roger Williams, the pianist whose hit renditions of songs like “Autumn Leaves” and “Born Free” are pop culture generational touchpoints, died this week. One item in his obituary has double ethical significance:

“While majoring in piano at Drake University in Des Moines, he began developing a style that was a fusion of jazz, classical and pop. When a school official overheard him playing the tune “Smoke Gets in Your Eyes,” he was expelled because the school had a “classics-only” policy…”

It is both encouraging and depressing to learn that school administrators were just as doctrinaire, unreasonable, unfair, incompetent, stupid and willing to abuse their power while playing with the lives of young people back in the 1940’s as they are today—encouraging, because that generation seems to have come through it pretty well; depressing, because this field appears to have a flat learning curve.

Mainly, however, Williams’ run-in with music snobs at Drake beautifully illustrates what is wrong with the consequentialist argument that we should assess the ethical nature of an act based on its consequences. Continue reading

Ethics Confusion in Ken Burns’ “Prohibition”

I enjoy all of Ken Burns’ documentary series, and I am grateful for them. They do a better job of teaching history than the schools, and they are always thought-provoking and, of course, beautifully executed. At the same time, I am aware of the limitations in Burns’ approach, beginning with his genre. Documentaries are inherently misleading works, more misleading in the hands of some, like Michael More, than others. The sifting of which material to use, how to balance issues, choices of photographs and film footage and even the inflections of voice betrayed by narrators (To his credit, Burns has all of his narrators deliver their script in the exact same measured and deliberately-paced tones; I found myself wondering how many times Burns forced “Prohibition” narrator Peter Coyote to listen to previous Burns stand-ins David McCullough and John Chancellor in “The Civil War” and “Baseball” until he sounded as much like their clone as they sounded like identical twins) unavoidably slant the final product, sometimes unintentionally, but usually with a motive. To the extent that viewers realize this, it is an ethical medium, but for most, especially those unfamiliar with the subject matter and with no independent knowledge to draw on, it is not.“Prohibition,” Burns’ latest PBS series that debuted last week, has a more obtrusive agenda supported with more dubious logic than his previous documentaries, reminding me, at least, that his historical conclusions should always be taken with a measure of skepticism. Continue reading

Hank Williams, Jr.: Victim of a Political Correctness Mugging

Wait---Hank Williams Jr. thinks Obama is like Jennifer Aniston?

On the Fox News morning couch-fest, country singer Hank Williams, Jr. had this exchange with the hosts:

HANK WILLIAMS: Remember the golf game?

    STEVE DOOCY: Boehner?

    HANK WILLIAMS: That was one of the biggest political mistakes ever.

    CO-HOSTS: Why?

    HANK WILLIAMS: That turned a lot of people off. You know, watching, you know, it just didn’t go over.

    GRETCHEN CARLSON: You mean when John Boehner played golf with President Obama?

    HANK WILLIAMS: Oh, yeah! Yeah. And Biden and Kasich, yeah. Uh-huh.

    GRETCHEN CARLSON: What did you not like about it? It seems to be a really pivotal moment for you.

    HANK WILLIAMS: Come on. Come on. It would be like Hitler playing golf with Netanyahu, OK?

It wasn’t OK, apparently. Headlines sprouted up like weeds claiming that Williams had “compared Obama to Hitler,” or “said Obama was like Hitler.” So because ESPN figured much of its audience would think that Hank Williams compared the President to Adolf Hitler, since the media was reporting his words that way, ESPN, that paragon of courage, fired Williams as the voice of Monday Night Football. No longer will his song introduce the festivities. Continue reading

Ethics Hero: David Letterman

No Free Speech weenie he. Yale, take note.

I stopped watching David Letterman years ago, when I learned that he was an unapologetic serial sexual harasser.  I don’t like to patronize the work of professionals, however talented, who should have been fired and would have, if their employers had any integrity. As a result, I missed Letterman’s ascent into ethics hero territory. It pains me to admit this, since I neither like nor generally respect him, but that is where David Letterman belongs.

On the June 5, 2011 edition of “The Late Show with David Letterman,” the host smilingly pulled his finger across his throat to note the U.S. military’s reported killing of Ilyas Kashmiri, an Islamist terrorist who was one of the organizers of a deadly attack in India that killed and wounded hundreds of innocent civilians. On a roll, Letterman made a joke about Osama bin Laden’s death as well.A group of radical Islamists took offense, and in a posting on the Islamist web forum Shumukh al-Islam, called for Letterman’s murder, urging the eventual assassin to cut out Letterman’s tongue.

Continue reading

Unethical Quote of the Week: University of Wisconsin-Stout Chancellor Charles W. Sorensen

"Oh, HELP me, University administrators! A poster says that a fictional space cowboy from a TV series that isn't on anymore might kill me, or someone, under certain conditions!"

“UW-Stout administrators believe strongly in the right of all students, faculty and staff to express themselves freely about issues on campus and off.  This freedom is fundamental on a public university campus. However, we also have the responsibility to promote a campus environment that is free from threats of any kind—both direct and implied. It was our belief, after consultation with UW System legal counsel, that the posters in question constituted an implied threat of violence.  That is why they were removed. This was not an act of censorship.  This was an act of sensitivity to and care for our shared community, and was intended to maintain a campus climate in which everyone can feel welcome, safe and secure.”

—-

, one featuring a humorous quote from a cult TV science fiction series, the other a satiric poster opposing fascism, as in cases where speech-censoring university administrators remove harmless pop culture references they don’t understand. Continue reading

The University of Wisconsin’s Lesson: Ignorance + Political Correctness = Repression

Why does a defunct cult TV space Western threaten the University of Wisconsin? Good Question!

As in the disturbing incident at Widener Law School, in which a professor has been persecuted and punished for the imagined sexist and racist implications in his  fanciful classroom hypothetical, a theater professor at the University of Wisconsin in Stout, is now being subjected to full-fledged censorship by the university’s administration because of a pop culture reference that it finds “threatening.”

And also as in the Widener situation, one wonders if the school’s faculty cares enough about academic freedom and free speech to support their colleague. So far, they have not.

Prof. James Miller is, like me, a fan of “Firefly,”  Joss Whedon’s late, lamented science fiction TV series. He mounted a poster on his door that shows actor Nathan Fillion as Malcolm “Mal” Reynolds, captain of the spaceship that cruised through the series.  The poster includes a famous line (well, famous with fans of the show, at least) by Reynolds in the first episode,  delivered in response to a passenger who asked if he was in danger of being murdered while he slept. “You don’t know me, son, so let me explain this to you once,” Fillion’s character said. “If I ever kill you, you’ll be awake. You’ll be facing me. And you’ll be armed.”

Lisa Walter, the university’s chief of police, took down the poster, stating that “it is unacceptable to have postings such as this that refer to killing.” Walter said that the poster was not covered by the First Amendment:

“ We were notified of the existence of the posting, reviewed it and believe that the wording on the poster can be interpreted as a threat by others and/or could cause those that view it to believe that you are willing/able to carry out actions similar to what is listed. This posting can cause others to fear for their safety, thus it was removed.”

Absurd. Ignorant. Offensive.  And an abuse of power. Continue reading

Non-Douche Neil Patrick Harris Almost Gets It Right

Neil Patrick Harris...no douche he! But is it for the right reasons?

In a cover feature story for Entertainment Weekly, Neil Patrick Harris (or whoever ghost-wrote for him) lays out his Hollywood Survival Guide. Secret of Hollywood Survival #6 for the star of “How I Met Your Mother” and ubiquitous awards show host is “Don’t Be A Douche”:

“Hollywood affords many opportunities to be a douche of epic proportions,” writes the grown-up “Doogie Howser,” “Avoid the temptation.”  He continues:

“Being a pleasant person has got to count for something….Actors sometimes take themselves far too seriously and put themselves on a different level [from the crew.] But everyone’s working really hard and should be afforded the same level of respect.”

For that, Neil gets an Ethics Alarms salute. Unfortunately, he scars his achievement by going on to explain how the make-up people, the film editor and the transportation department can really nail you if you don’t treat them well.

Given the breezy tone of the article, Harris was probably joking, but the joke reinforces the misconception many people have about ethics, which is that ethical conduct is a quid pro quo. It’s not. The Golden Rule isn’t “Do nicely unto others do they won’t screw you over,” and someone’s less than nice behavior  toward you doesn’t justify your being a douche to him. One isn’t respectful to the waiter because he’s liable to spit in your soup if you’re not, but because it’s the right way to treat other human beings.

Neil Patrick Harris certainly seems like a decent guy, and he probably is. I just wish, in the pursuit of a pretty stale joke about how the make-up people will get even by making you look like a troll, he hadn’t reinforced one of the most persistent of unethical rationalizations.

Lingerie Football Ethics

Does this sport condone rape? Or tickle fights?

I think professional lingerie football is a strange sport, to be sure. Attractive women dressed in bras, panties, helmets and shoulder pads play football before paying customers, almost all of them men. The players seem to play hard and many of them are excellent athletes. Is it sport? Is it sex? Is it spectacle?

Sondra Miller, a feminist and rape crisis counselor, believes that lingerie football increases the incidence of rape and violence against women, and writes that the proper ethical conduct is to end it:

“Don’t support the women’s lingerie football league. Don’t buy a ticket. Don’t watch it on TV. Don’t talk about it at the water cooler. Ignore it — or better yet — speak out against it.” Continue reading