Popular Culture

Andy’s Unethical Health Care Propaganda

/ Jack Marshall / 6 Comments

I understand the government’s problem when it passes legislation in a fog of lies, misinformation, spin and deceit so think on both sides that nobody even pretends to know what the consequences will be. And it certainly is embarrassing when claim after claim about the legislation made by the House Speaker and President himself is shown to be untrue or mistaken after the fact: “Oops! The law won’t really be budget-neutral!” “Sorry! Many of you won’t be able to keep your health care plans after all!” “Darn! There really isn’t anything in here that will keep costs from rising!”

Gee, maybe they should have read the thing before voting for it.

Be that as it may, it does not justify the Obama Administration paying $700,000 in taxpayer funds to run TV ads showing avuncular old Andy Griffith, of Mayberry fame (Pssst! Andy used to specialize in playing con-men and scam artists before he and Don Knotts teamed up), telling seniors how peachy the new system will be. Continue reading →

Ethics Dunce: New Mexico Gov. Bill Richardson

/ Jack Marshall / 2 Comments

From the “What was he thinking?” files:

New Mexico Gov. Bill Richardson says that he is considering whether to pardon Henry McCarty, a.k.a. William Bonney, a.k.a. Billy the Kid (1859-1871), because in 1879 one of Richardson’s predecessors, Gen. Lew Wallace (who, among other things, presided over the trial of the Lincoln conspirators, headed the military tribunal that condemned the Confederate commandant of the infamous Andersonville prison camp, and wrote Ben-Hur,)  reneged on a deal to grant Billy amnesty in exchange for some helpful grand jury testimony in the prosecution of vigilantes.

Of course, when Billy didn’t receive his pay-off quickly enough, he escaped from jail and killed two deputies in the process. He was that kind of guy. Continue reading →

Lincoln Chafee’s Unethical Attack on Curt Schilling

/ Jack Marshall / 2 Comments

Former G.O.P. Senator Lincoln Chafee, now running for Governor of Rhode Island as an Independent, did a despicable thing yesterday, and almost certainly has no idea why it was so wrong.

During a radio interview, Chafee criticized a deal state economic development officials approved with 38 Studios, a game development company owned by former Red Sox pitcher and World Series hero Curt Schilling. Chafee, who is not alone in his criticism of the loan, argued that too much taxpayer money is being entrusted to a company that has no proven track record. That’s a legitimate point. But to hammer home his point, Chafee decided to attack the character, career accomplishments, reputation and integrity of Schilling, a man he has never met…based on nothing at all. Continue reading →

Note to Lawyers: Celebrities Have Confidences Too

/ Jack Marshall / 2 Comments

Eric Turkewitz, on his New York Personal Injury Law blog, properly and pointedly flags an outrageous instance of a lawyer running to the press with information the professional ethics rules governing lawyers say that he must keep  confidential absent permission to reveal them.

Stuart Goldberg, a Chicago criminal lawyer, was consulted by former child actress-turned-celebrity-bad-girl-turned-prisoner Lindsay Lohan as she sought new counsel to help her with her long-running legal woes. Lohan decided to pay her legal bills to someone else, and it was the first smart move Lindsay has made in a long, long time. Goldberg demonstrated his trustworthiness by dashing over to People Magazine and blabbing about his impressions of Lohan during their meeting as well as the content of their discussion. Continue reading →

Ethics Dunce: Donald Trump

/ Jack Marshall / 6 Comments

I know, I know. The ethicist’s equivalent of shooting fish in a barrel.

Nonetheless, even for the notoriously shameless and tasteless real estate mogul, this is a new low. He has recruited Rachel Uchitel for his self-promotion vehicle reality show, “The Celebrity Apprentice.” Uchitel, in case you’ve lost count, was the first of Tiger Woods’ many mistresses to be identified by the press.

Now every attractive woman seeking fame and fortune has a motive to contribute to the destruction of male celebrities’ marriages, to help disrupt  their children’s lives and shatter their sense of security, and to aid and abet self-destructive, dishonest, cruel conduct. If you do it well enough, Donald Trump will make you a star! Soon you can be appearing on other reality shows, making money, hiring an agent, getting photo spreads in the Globe and National Enquirer. All it takes is plenty of greed, a lot of ambition, and no shame. Talent, hard work, skill and intelligence are optional, and maybe even a disadvantage. Continue reading →

The Ethics Of Using A Facebook Mole

/ Jack Marshall / 9 Comments

A lawyer wants to get access to an adversary witness’s Facebook page so he can use information he finds there to impeach her testimony at trial. But even though she accepts virtually anyone who asks to be her “friend” whether she knows them or not, he worries that she wouldn’t accept his request if she recognized his name and face from her deposition, which might prompt her to guess his intent. So the lawyer asks an office paralegal to send her a “friend request” instead. Sure enough, she accepts, and soon the paralegal is gathering all sorts of dirt on the witness and passing it on to the lawyer.

Is this an ethical plan for the lawyer, or not? Earlier this year, the Philadelphia Bar Association’s Ethics Committee issued a legal ethics opinion that concluded it was not: the paralegal was acting for the lawyer, who was using subterfuge and misrepresentation to gain the witness’s consent to explore her private (or semi-private) Facebook information. The Committee said that it didn’t matter that the witness was careless with granting access, or that she gave consent to other “friends” that she barely knew: Continue reading →

The Emmys, “South Park,” and Integrity

/ Jack Marshall / 7 Comments

The Muslim extremist threat that cowed the Comedy Channel into censoring South Park has certainly spawned a bumper crop of unethical attempts at protest. First we had the juvenile “Let’s Insult Islam Because We Can Day” protest, better known as “Everybody Draw Muhammad Day,” which made a lot of completely innocent and law-abiding Muslims upset without accomplishing anything else—not even a good laugh. Now the Academy of Television Arts & Sciences, admittedly never a bastion of fairness, honesty or integrity, has made its incoherent protest by nominating the two “South Park” episodes that were censored for. Neither has been viewed intact on Comedy Central, nor are either viewable online. Nonetheless, the Academy says these episodes are among the “best animated programs,” despite the fact that the programs, in the forms that supposedly warrant the honor, have never been seen. Continue reading →

Thought Police at the Transportation Security Administration

/ Jack Marshall / 2 Comments

Leave it to the Government to give us a definitive example of this problem: how do we tell if someone is being unethical or just infuriatingly dumb? Most of the time, of course, we can’t tell.  You can conclude, however, that when high-placed leadership in a government agency, without a legitimate reason for doing so,  takes action that makes those who worry about excessive government intrusion into private thought, speech and conduct quake in their boots, the end result is the same. Such actions cause an erosion of trust, the lifeblood of democratic societies. That makes the conduct dumb and unethical. Continue reading →

The Ethics Of Ending Public Broadcasting

/ Jack Marshall / 3 Comments

The seeming inability of elected officials and politicians to deal with basic decisions involving responsibility, prudence, accountability and honesty is coming into sharp focus as yet another debate over taxpayer-funded public broadcasting on PBS and NPR gets underway.

Colorado Congressman Doug Lamborn has introduced legislation that would cut all federal funding, an estimated annual $420 million, for public radio and television as part of the necessary effort to close the nation’s more than $13 trillion debt. As one of thousands of measures that will have to be taken to stave of fiscal catastrophe in the future, the move is truly a no-brainer, an example of the standard budget-balancing strategy of eliminating the most non-essential expenses, no matter how nice it may have been to have them when resources were more plentiful. In a rational, ethical environment where politicians didn’t regard their interest group contributors as more important than the welfare of the nation as a whole, Lamborn’s proposal wouldn’t be considered controversial. The rational response from all would be, “Well, of course! That’s $420 million that can be better used.”

But no. Continue reading →

Pop Ethics Quiz! Who’s More Unethical: Mel or Oksana?

/ Jack Marshall / 10 Comments

Actor/director Mel Gibson has been in a series of nasty public and private battles with Oksana Grigorieva, whom he is currently fighting in court for custody of their love-child. As part of her assault on his fitness as a father, Grigorieva secretly taped one of their emotional arguments and released it to the tabloid media. On the tape, Gibson calls her a number of names that aren’t in a gentleman’s vocabulary, but the pièce de résistance is this charming sentiment:

“You look like a fucking pig in heat and if you get raped by a pack of niggers it will be your fault.”

Your question is: Which is more unethical? Mel’s ugly words or Oksana’s taping and releasing them?

[Pause for “Jeopardy” music…] Continue reading →