Ethics Observations On Rep. Braley’s Anti-Farmer Insult

A farmer, a framer, a farmer (and law school drop-out), and a lawyer. Final Score: Farmers 3, Lawyer 1.

A farmer, a farmer, a farmer (and law school drop-out), and a lawyer. Final Score: Farmers 3, Lawyer 1.

You wouldn’t know it if you read only mainstream media sources (Translation of ” mainstream media sources”—“supposedly objective and neutral news outlets that edit the news to do minimal damage to candidates, parties and policies that their overwhelmingly left-leaning staffs support”), but the presumptive Democratic candidate for Sen.Tom Harkin’s soon to be vacant U.S. Senate seat in Iowa insulted farmers (this is Iowa, remember) in a speech and was caught on video.

In a private fund-raising appearance before Texas trial lawyers, Rep. Bruce Braley warned of the consequences of a  Republican Senate majority by saying

“You might have a farmer from Iowa who never went to law school, never practiced law, serving as the next chair of the Senate Judiciary Committee. Because, if Democrats lose the majority, Chuck Grassley will be the chair of the Senate Judiciary Committee.”

Some observations:

  • The insulting characterization of farmers (as well as  Grassley) is being compared to Mitt Romney’s infamous statement to some big money donors about “the 47%,” which was captured surreptitiously by Jimmy Carter’s son-in-law and used to stir up the Democratic base. As in the case of Romney, I will point out that surreptitious recording and publicizing of what is said at any private event is unethical, flat-out wrong, no matter who does it, or for what reason. Private functions should be respected, as should what is said there, unless there are criminal conspiracies afoot.

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Annoyances For The Obsessing Traveling Ethicist

Hepburn

I just got home from another day trip, and am too weary to essay a significant post. Allow me, instead, to give readers a taste of what goes through one’s mind when you have begun to focus exclusively on ethics in preparation for a key, out-of-state presentation:

  • The incompetence of supposed professional broadcasters. Shortly before leaving for the airport on Sunday, I watched the local Fox affiliate report on the new Vogue cover, featuring Kim Kardashian and Kanye West. One of the two anchorwomen noted that there was a parody of the cover titled “Vague” featuring Kermit and Miss Piggy in the same poses. She pronounced it as “Vagg.” Her partner did not correct her. I think newsreaders should be able to read, don’t you?
  • Dishonesty in headlines. With the Kardashians still gnawing at my brain, I noticed an issue of “Star” in an airport magazine rack. The headline read, “Kardashians Cancelled!” Filled with momentary hope for civilization, I looked up the corresponding story in the rag. It stated that cable’s “Keeping Up With The Kardashians had been renewed, but that the family was worried that it might be cancelled next year. Yes, the headline was “X” and the story was “Not X.” I don’t care that the Star is just a glossy paper tabloid—how can anyone justifying this? Deceitful headlines are bad, but at least they are literally true, if misleading. Tabloid ethics are as low as ethics can be, but this flat-out false cover headline seems to have breached them… a neat trick.
  • More  incompetence of supposed professional broadcasters. CNN’s John Berman showed a clip of Bill, Hillary and Chelsea Clinton with Jimmy Kimmel and said…”Next…what Jimmy Kimmel did with three generations of Clintons.

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Ethics Observations On A Journalism Scandal

washington-post-logo

Shame.

Executive Summary: Washington Post reporters Steven Mufson and Juliet Eilperin wrote a story for the website’s Wonkblog headlined, “The biggest lease holder in Canada’s oil sands isn’t Exxon Mobil or Chevron. It’s the Koch brothers.” The story was essentially false. It was based on easily disproved data from a progressive activist organization. Eilperin has close ties to both the environmental advocates opposing the Keystone pipeline, and desperately trying to turn public opinion against it. She also has tied to the White House. John Hinderaker, on Powerline, his respected conservative politics blog, exposed the Post story as a blatant misinformation with a likely political motive. The reporters responded with a jaw-dropping rationalization, and are currently being excoriated by the Post’s readers online.

The Facts: The Post article by Mufson and Eilperin begins: Continue reading

Second KABOOM! of the Day: The Worst Example of “No-Tolerance” Ever

Not again!!!!

Not again!!!!

Sometimes it seems as if there is a team of fiction writers concocting absurd school no-tolerance scenarios just to see what idiocy the news media will believe. Unfortunately, the topic defies parody, and now, just as I cleaned my office up after the cranial detonation earlier today, there is this:

At Bayside Middle School, in Virginia Beach,* Virginia, sixth grader Adrionna Harris saw a classmate cutting his arm with a razor blade. She took the blade from the student, threw it away and persuaded him that what he was doing dangerous and wrong. Then she told the school’s administration about the incident. Because saving the boy from serious harm required her handling a dangerous weapon on school grounds, Adrionna received  a 10 day suspension with recommendation for expulsion.

KABOOM!

In an example of the news media’s  remarkable facility for misunderstanding just about anything, a local TV station reporting on this story asked, “Was the school’s zero tolerance policy taken too far?” Yes, for all you idiots and teachers out there, was this the right thing to do?  What a stupid, stupid, question. Of course it wasn’t. Of course the school’s zero tolerance policy was taken too far. Any no-tolerance policy is by definition “taken too far” because it eliminates common sense and discretion (assuming that school personnel are capable of either) and leads to fiascos like this. That is not the question raised by the episode. Note to our sad and incompetent journalists: if you can’t do better than that, just report the news and shut up. You aren’t helping.

Among the legitimate and urgent questions that are raised by what happened to Adrionna Harris are these: Continue reading

Lawyer Daniel Muessig’s Clever, Effective, Legally Ethical And Thoroughly Despicable Ad

Just as I’ve been desperately trying to explain that lawyers do not represent bad people because they like them or want to loose them upon the world,  here comes innovative Pittsburgh lawyer Daniel Muessig, whose clever TV ad proclaims that this is exactly what he wants to do. Here it is:

Is this an ethical ad? According to the Pennsylvania Rules of Professional Conduct, it is within the conduct permitted by the state’s legal ethics rules. The ad isn’t misleading. It doesn’t make promises the lawyer cannot keep. It doesn’t represent dramatic recreations as fact, or use broad metaphors and exaggerations. (Lawyer ads are held to a standard of literalness that presumes the public has never see any other kinds of advertising in their entire lives.) Once upon a time the various state bar advertising regulations included prohibitions on “undignified” communications, or those that undermined public trust in the profession, but those days are long past: the standards were necessarily vague, and breached free speech principles.

So we have this: a lawyer who appeals to his future criminal clients by saying that he thinks like a criminal, believes laws are arbitrary, that other lawyers will “blow them off” and that he visits jails frequently because that’s where his friends are. He attacks his own colleagues and profession, denigrates the rule of law he is sworn to uphold, and seeks the trust of criminals not because of his duty as a professional, but because he’s just like them. Muessig is willing to undermine the law-abiding public’s belief in the justice system and the reputation of his profession and his colleagues in order to acquire clients. I’m sure his strategy will work, too. Continue reading

Post-Sandy Hook No-Tolerance Encore: Another Finger-Gun Massacre

"Level One or Level Two gun? Wait...I'm sorry! It's just a finger!"

“Level One or Level Two gun? Wait…I’m sorry! It’s just a finger!”

Should Ethics Alarms post on substantially the same ethics stories every time they occur? The news that an Ohio fifth grader has been suspended from school for three days for the offense of making an imaginary gun out of his fingers is just such a repeat. I wrote about a similar no-tolerance episode in Montgomery County a year ago, here and here. What is left to say, and why say it again?

I think you have to say it again, in this case at least, because it didn’t sink in the first time. In Montgomery County, Maryland, the school system was forced to revoke the suspension and even apologized to the boy as a result of the ridicule that showered down on the hapless administrators who inflicted the absurd punishment. Officials at Devonshire Alternative Elementary School, where ten-year-old Nathan Entingh wielded his deadly digits “execution-style,” couldn’t have missed the Maryland fiasco, yet they failed to absorb its lesson, which seems extremely obvious to the reasonable, the fair and the responsible: “This is stupid, cruel and abusive treatment. Don’t do it.”

Why didn’t they heed the lesson? I think one reason may be that such hysterical policies are now less about hysteria than they are about thoughtful anti-gun indoctrination. Continue reading

Legal Ethics Quiz: The Bean Bag Tossing Defense Lawyer

" I swear, you can do this in court. I saw it on "Ally McBeal"...

” I swear, you can do this in court. I saw it on “Ally McBeal”…

Holy crap! Here is a courtroom stunt you don’t see everyday…or ever.

The dramatic bribery trial of Rhode Island defense lawyer Donna Uhlmann and co-defendant Jamaal Dublin took a hard left turn into “Boston Legal” territory and beyond with the, well, creative closing argument of Dublin’s lawyer, Christopher T. Millea. It was so creative, he was nearly held in contempt of court.

“You see, all of this has to do with the throwing of feces,” said Millea, cleverly reminding the jury of the bizarre conduct of a key state witness who once threw his own excrement at a prison guard.  “The state wants to throw as much against the wall to see what sticks, just like Michael Drepaul throwing his feces …”

With that introduction, Millea took two bean bags out of a box he had placed in front of the jury, and threw them at the courtroom door. Then he retrieved the turd stand-ins and placed them in another box near the door, and placed that box next to the one in front of the jury, which, it was later discovered, read “Reasonable doubt,” though only the jury could see the words. The first box was labelled, “State’s case.” Continue reading

The Academy’s “In Memoriam” Snubs: Much Better This Year—Thanks, Oscar

The great Jonathan Winters in the not-so-great "It's a Mad, Mad, Mad, Mad World"

The great Jonathan Winters in the not-so-great “It’s a Mad, Mad, Mad, Mad World”

In past years I have taken the Academy of Motion Picture Arts and Sciences to task for the ethical breach of ingratitude and disrespect, as the honor roll of the year’s deceased film notables have omitted important figures who deserved their final bows. Omissions are inevitable, I suppose, but some of the past examples were unforgivable—last year alone, for example, the Academy snubbed Ann Rutherford, Andy Griffith, R.G. Armstrong, Russell Means, Harry Carey, Jr., and Susan Tyrell. 2012 was worse.

2013, however, shows that the Academy is being more careful, and Oscar deserves credit for cleaning up its act. I have ethical and historical objections to bestowing the prestigious final slot on actor Phillip Seymour Hoffman, dead prematurely of self-inflicted drug abuse, when a genuine, bona fide Hollywood legend, Shirley Temple, was on the list. I understand the thinking: Hoffman had friends and colleagues in the room, and Temple is of another generation; his premature death was a tragedy, and she lived a long and productive life. Still, the priorities and relative values such a choice exemplifies is disturbing. Great actor that he was, Hoffman was a criminal, an addict, and left his children fatherless. Shirley was the greatest child star who ever will be, a ray of sunshine in the dark days of the Depression, a one-of-a kind talent and icon, and later a lifetime public servant who raised a family. She represented the best of Hollywood and the profession; Hoffman represents its dark side. Naturally, he’s the one who received the greatest recognition. I will suppress my dark suspicions that Shirley was docked because she was a Republican. A  Facebook friend actually wrote that Shirley deserved to be penalized because some of her movies were racist. My response to this slur was not friendly. Continue reading

Ethics Quote Of The Week: Matthew McConaughey

Matthew-McConaughey

It happens but rarely: an Oscar acceptance speech with something of substance to communicate, other than a list of thank-yous. Yet last night was one of those rare occasions, as actor Matthew McConaughey used his well-deserved award for Best Actor to express his views on how to lead an ethical life:

Here is the text of his speech—much thanks to reader Phil Kraemer, who located it:

Thank you. Thank you, thank you, thank you, thank you to the Academy for this—all 6,000 members. Thank you to the other nominees. All these performances were impeccable in my opinion. I didn’t see a false note anywhere. I want to thank Jean-Marc Vallée, our director. Want to thank Jared Leto, Jennifer Garner, who I worked with daily.

There’s a few things, about three things to my account that I need each day. One of them is something to look up to, another is something to look forward to, and another is someone to chase. Now, first off, I want to thank God. ‘Cause that’s who I look up to. He has graced my life with opportunities that I know are not of my hand or any other human hand. He has shown me that it’s a scientific fact that gratitude reciprocates. In the words of the late Charlie Laughton, who said, “When you’ve got God, you got a friend. And that friend is you.”

To my family, that who and what I look forward to. To my father who, I know he’s up there right now with a big pot of gumbo. He’s got a lemon meringue pie over there. He’s probably in his underwear. And he’s got a cold can of Miller Lite and he’s dancing right now. To you, Dad, you taught me what it means to be a man. To my mother who’s here tonight, who taught me and my two older brothers… demanded that we respect ourselves. And what we in turn learned was that we were then better able to respect others. Thank you for that, Mama. To my wife, Camila, and my kids Levi, Vida and Mr. Stone, the courage and significance you give me every day I go out the door is unparalleled. You are the four people in my life that I want to make the most proud of me. Thank you.

And to my hero. That’s who I chase. Now when I was 15 years old, I had a very important person in my life come to me and say “who’s your hero?” And I said, “I don’t know, I gotta think about that. Give me a couple of weeks.” I come back two weeks later, this person comes up and says “who’s your hero?” I said, “I thought about it. You know who it is? It’s me in 10 years.” So I turned 25. Ten years later, that same person comes to me and says, “So, are you a hero?” And I was like, “not even close. No, no, no.” She said, “Why?” I said, “Because my hero’s me at 35.” So you see every day, every week, every month and every year of my life, my hero’s always 10 years away. I’m never gonna be my hero. I’m not gonna attain that. I know I’m not, and that’s just fine with me because that keeps me with somebody to keep on chasing.

So, to any of us, whatever those things are, whatever it is we look up to, whatever it is we look forward to, and whoever it is we’re chasing, to that I say, “Amen.” To that I say, “Alright, alright, alright.” To that I say “just keep living.” Thank you.

You have to wonder about the various tweeters and pundits who objected to McConaughey’s candor about his inner compass as “bizarre” (Time) or egomaniacal (several). Yes, by nature and necessity actors are unusually self-absorbed; the latter complaint is akin to faulting a dog show winner as inarticulate. What was admirable and inspiring about  McConaughey’s speech was his exuberant explanation of how his personal hero is always who he will be in the next ten years.

I doubt that this is an original formula, but I have never heard it before, and it is the essence of ethics: we strive to keep learning, getting better, and aspiring to be the best people we can be, or life is pointless. Ironically, this was also the lesson of “Groundhog Day,” the comedy masterpiece of the late writer-director Harold Ramis, whose name and career were evoked more than one during the Academy Awards broadcast. Having other people as heroes doesn’t accomplish much, unless we aspire to and learn from their values and conduct, and eventually  capable of similar heroism ourselves.

As for all those who are criticizing the actor for his religious sentiments: back off. Religion has played a major role in minting some good and remarkable human beings, and McConaughey seems to be one of them. If he chooses to thank God in his moment of exhilaration and triumph, that should be beyond reproach.

The Comfort Women Memorial Lawsuit: A “Disgusting” Legal Argument, Perhaps…Unethical, No

The Glendale Comfort Women Memorial

The Glendale Comfort Women Memorial

The large and respected law firm Mayer Brown has taken the ugly case of some Japanese-American clients who want the city of Glendale, California to remove a memorial to World War II “comfort women” from a public park. In doing so, and in the way it is proceeding, the firm has inspired harsh condemnation from two estimable legal commentators, both First Amendment champions: Marc Randazza, and Ken White. Their objections, which caused Randazza to call the firm “the least honorable law firm in the world,”and White to conclude, “This lawsuit is thoroughly contemptible. It should fail, and everyone involved should face severe social consequences,” are heartfelt, but, I think, misguided. Their argument, beside arguing that the lawsuit is frivolous, is best articulated by Randazza: Continue reading