Professions

Now THAT’s Unprofessional!

/ Jack Marshall / 17 Comments
"911...what is your emergency?"

“911…what is your emergency?”

There are many professions where a whimsical, even a black sense of humor is useful, perhaps essential. If M*A*S*H taught us anything, it taught us that. 911 operator, however, is not one of them.

I say this knowing that I would be dreadful at the job, as I find it hard not to see humor in disasters that befall others, or even myself—-too many Warner Brothers cartoons, perhaps. 911 operators must maintain a cool, calming, respectful demeanor, even when they are being told by a panicked mom that her kid super-glued a rat to his sister, that her home has been invaded by thugs dressed as Muppets, or the house has been engulfed by a flood of molasses. I couldn’t do it.

But then, it’s not my job.

It was the job of the operator on this call, though: Continue reading →

The Klan’s Birthday Cake, Individual Boycotts And The Ethics Of Refusing to Give Service To Jerks

/ Jack Marshall / 42 Comments
"Happy Birthday to You! Happy Birthday to You! Happy Birthday, Dear Racists..."

“Happy Birthday to You! Happy Birthday to You! Happy Birthday, Dear Racists…”

[UPDATE: Apparently, the “news story” that prompted this post is a fake. In that case, I want to thank the hoaxers for  inadvertently sparking a useful discussion—nothing in my post is dependent on the factual nature of the story. I wasn’t the only one fooled, and I originally noted the links on reliable sites. On the other hand, to hell with people who plant fake stories that are not obviously tongue in cheek or satirical: it’s a despicable practice, and abuse of the web, and right down there with public vandalism and creating computer viruses as unforgivable public conduct. I apologize to readers here for misidentifying a false story as true, but I’m not the unethical jerk involved. If anyone knows who that is, please forward their names. I have some choice words for them.]

As I wrote the first time I stuck my ethics big toe into this kind of controversy, I am conflicted over the current trend of forcing certain kinds of service providers to serve customers they just don’t feel like serving. I have consistently come down on the side of the rejected customer, even when the service, as in the case of bakeries and photography salons, edges perilously close to art. I think I am there still, but my resolve is weakening. I think. Let’s look at this again, in the context of the kind of recent case that always eventually occurs when one sits on the slippery slopes.

A three judge panel of a Georgia appellate court recently ruled in favor of Marshall Saxby, the Grand Wizard of a local KKK chapter, after he sued a local bakery for refusing to bake a cake for the KKK chapter’s  annual birthday party. Elaine Bailey, who owns Bailey Bakeries, said she rejected the Klan its activities violated her religious beliefs, and Saxby claimed that Bailey’s refusal of service discriminated against his religious beliefs.

The difficulty with making an ethical call on this case and others like it (and sort of like it, arguably like it or a little bit like it) is that the crucial question in ethics analysis, “What’s going on here?” cannot be answered with certainty or clarity. There are ethical arguments and ethical principles, on both sides, making the issue an ethical conflict (rather than an ethical dilemma). In an ethical conflict, we must prioritize among important ethical principles that are opposing each other.

Let’s answer “What’s going on here?” in some of the various ways this case allows, as if only one of these ethical principles were in play: Continue reading →

Celebrity Values: The Good, The Bad And The Ugly

/ Jack Marshall / 10 Comments

Sprouse-West-Cano

Celebrities have the opportunity to use their disproportionate and sometimes unexplainable fame to pass along good values, priorities and ethical habits to those who admire and follow them. The problem is that the U.S. culture’s current values are in a muddled state, with virtues sometimes being treated as embarrassments, and the enthusiastic embrace of non-ethical goals that once were regarded as the seven deadly sins are now often looked upon as the norm, and even appropriate. Here are some recent events in the strange world of celebrity values:

The Good: This headline on numerous web sources piqued my interest: “Dylan Sprouse Defends Restaurant Host Job.” Dylan Sprouse is a former Disney child star, a long time lead, with his brother, on the long-running “The Suite Life of Zach & Cody,” one of those loud, hyper-frenetic tween comedies that Disney and Nickelodeon acquire from some production company in Hell. Dylan was seen working in a restaurant, and this immediately spawned multiple rumors that he was broke, had blown through his millions, and was, in brief, a pathetic loser….because he has the same kind of job most American twenty-somethings fresh out of college would be thrilled to have.

Thus Dylan, who along with his brother decided to get out of the child star rat-race that has recently put Lindsay Lohan in rehab, Amanda Bynes in a mental health treatment facility and Miley Cyrus naked on a wrecking ball, and start a more conventional life with a college education (at NYU). Sprouse decided to address the weird criticism being sent his way on social media and in the gossip blogs by writing, Continue reading →

The Emmys Play Favorites And Undermine Their Mission

/ Jack Marshall / 15 Comments
Quick, now...and no cheating: Who is this recently deceased TV legend?

Quick, now…and no cheating: Who is this recently deceased TV legend?

Three separate organizations present the Emmy Awards: the Academy of Television Arts & Sciences (ATAS), the National Academy of Television Arts & Sciences (NATAS), and the International Academy of Television Arts & Sciences. Each is dedicated to the television industry, and the award the organizations collaborate to  hand out for excellence are intended to serve multiple objectives. Prime among them is to honor and promote the professionals who bring—in theory, at least, quality entertainment into the homes of Americans. The show itself that broadcasts the awards only exists because of their larger mission, which is to say that the Emmy show exists to support the Emmys, not the other way around. The program’s producers, not for the first time, managed to forget their priorities this year, and are getting well-deserved scorn for it both in and outside the entertainment community.

The offense occurred during Sunday’s live telecast, when the show reached its annual “In Memoriam” segment. The Oscars have botched this crucial part of its own show in recent years by failing to recognize the deaths of important Hollywood figures who deserved their final bow and a last ovation. Emmy found a new and different way to insult its own. The Oscars’ omissions were negligent; the Emmys insult was, incredibly, intentional. It’s just that either nobody realized it was insulting, or, more likely, they knew but had other objectives. Continue reading →

Online Review Ethics: Yelp And The Law Firm

/ Jack Marshall / 7 Comments
"...and so do our own employees!"

“…and so do our own employees!”

Is it professional misconduct for members of a law firm or the non-lawyer assistants for which they are responsible to post fake reviews of their work to a consumer website? I would argue that could be: it is almost certainly deceptive advertising, which is prohibited to a greater or lesser degree in all state ethics codes, and it is dishonest and misleading communications of the sort that has drawn discipline for some attorneys in other circumstances. Whether or not such a slimy, if common practice (at least among other professions, like wrtiting) is sufficient to raise “a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects” will be determined by lawyers themselves, and you would be amazed at what many of them  don’t consider sufficient to do this. I am admittedly extreme on this issue: I don’t think lawyers should lie, and take a dimmer version of even harmless deception than most in my field. This is profession that depends on trust, and the more someone lies—I don’t care about what—the less trustworthy they are.

These issues arise because the online consumer site Yelp appears to have caught employees of the law firm The MacMillan Group posting fake positive reviews about itself, on behalf of fictional clients. Continue reading →

More Name Ethics: An Incompetent Judge Blocks An Irresponsible Name

/ Jack Marshall / 19 Comments
"Mom...Dad! It's your son Messiah!"

“Mom…Dad! It’s your son Messiah!”

Let us stipulate that while  parents in the United States have an absolute right to name their children whatever they please, it one of those aspects of free speech that is often horribly abused by irresponsible, self-centered or just plain dumb parents who treat their children as bumper stickers or social science experiments. Naming your boy “Sue,” (You know) or your daughter “North West,” (Kanye West) or your daughter “Fifi Trixibelle” (Bob Geldof) is unforgivably and gratuitously cruel, virtually guaranteeing that your child will be a target, a head case, or will change his or her name the second legal majority comes around. Nonetheless, the state doesn’t raise children in America—yet—and parents can still decide what they wear, watch, learn and eat, as well as the name they have to answer to. The operative term is “free country.” Many of our fellow citizens don’t like or understand that concept, which is also their right in a free country. Judges, however, must not only understand the concept but constrain their power by it.

This is why Cocke County (Tennessee) Child Support Magistrate Lu Ann Ballew needs to be a) removed from her job and b) set on a more appropriate career path, like say, taking tolls in a tunnel or orders at Papa John’s. She ruled—it doesn’t matter how or why this came about—you can read the ridiculous story here-–that the parents of a baby couldn’t name him “Messiah,” because, she said in an interview with a reporter whose mouth had to be surgically closed afterward, “The word ‘Messiah’ is a title, and it’s a title that has only been earned by one person – and that one person is Jesus Christ.”  Continue reading →

Cher’s Ethics Tweets

/ Jack Marshall / 14 Comments

Lan 159

Earlier this week, Cher used her interview with USA to take some well-aimed pot-shots at Miley Cyrus’s universally loathed “twerking” antics on the MTV Awards show. She said of Cyrus

“”I’m not old fashioned. She could have come out naked, and if she’d just rocked the house, I would have said, ‘You go, girl.’ She could have come out naked, and if she’d just rocked the house, I would have said, ‘You go, girl.’ It just wasn’t done well. She can’t dance, her body looked like hell, the song wasn’t great, one cheek was hanging out. And, chick, don’t stick out your tongue if it’s coated. If you’re going to go that far, then think about it before you do it.“

These are wise words from a veteran and proven performing star to a young one on the way up, or heading for a crash. Essentially, Cher is stating the principles of professionalism: whatever you do, do it right, do it well, and respect your constituency. Cher has the bona fides to offer such an opinion since she has stretched the lines of sexual propriety on stage more than once, but it was always used as an additional enhancement on the way to her “rocking the house.”

The legendary pop diva was apparently surprised that her comments became a one-day sensation on the gossip websites and cable entertainment shows, and  had second thoughts about them, which she communicated in a couple of tweets to the Twitterverse. In Cher-ese, they are all about ethics:

Chers Tweets

Translation: Continue reading →

The Authority Trap: Elizabeth O’Bagey’s Three Ethics Strikes

/ Jack Marshall / 14 Comments

Woman-pulling-off-a-mask

It is not, you see, enough to have a good idea, an original argument, or a brilliant solution.There must be reason for important people, people who make decisions that affect lives, to pay any more attention to you than they do anyone else who claims to have such things, because its is often difficult for even intelligent and experienced individuals to distinguish genius from well-expressed garbage. There must be something that elevates that unique and valuable perspective you bring to a problem above the swirling mess and noise generated by the blabbering and shouting competition, and the thing is, if you really have a valuable perspective to contribute, you owe it to not just yourself, but to your country, even humanity.

There is one asset, if you are otherwise unknown, that will provide that elevation besides the inherent virtues of your brilliant idea, and that is authority...a book, a connection everybody knows and respects, or, perhaps most of all, academic credentials. And there are two things that will make it impossible to raise your special contribution above the throng, and they are a conflict of interest, and a reputation for hiding the truth. These are the murderers of trust.

This brings us to the strange case of Elizabeth O’Bagy, a senior analyst at the Institute for the Study of War, who managed to get the Wall Street Journal to publish her analysis of the civil war in Syria, and her conclusions, based, we were to assume, on her study, analysis and time in the country, regarding the benefits of U.S. employment of military force in the region. Continue reading →

Disaster Ethics: The D.C. Naval Yard Shooting

/ Jack Marshall / 32 Comments
Twelve dead? This is great---we can make another push for gun control!!!"

“Twelve dead? This is great—we can make another push for gun control!!!”

About 10 minutes from where I live, unidentified gunmen have killed 12 people (one of the gunmen is also dead) in an unexplained rampage. The facts are still being sorted out, and at least one shooter is still at large as I write this, but already two predictable examples of unethical disaster and crisis response have been on display:

1.  Reflex anti-gun tragedy exploitation

Apparently from now until the Second Amendment is but a distant memory, some Democratic politicians and anti-gun zealots will use every gun-related tragedy as a springboard to lobby for more regulations, and the facts be damned. At this point, we have not been told why the attack took place, who the shooters were, whether it was a terrorist act or not, whether the killers were Americans, whether or not the weapons were obtained illegally and what kind of guns they were. Never mind: interviewed on the radio, D.C. Delegate Eleanor Holmes Norton, Congress’s non-voting member, immediately pointed out that with all the guns that are available in this country, it should be no surprise to anyone that tragedies like this occur. I’m sure she would have liked to have been able to claim that global warming also played a part, except that it is a cool day in Washington. Continue reading →

Ethics Quiz: Photojournalism And The President’s Meaningful, Meaningless Bowed Head

/ Jack Marshall / 24 Comments

Putin and Obama

I am looking at a black and white AP photograph re-published from the Washington Post’s front page on September 7. It is similar to the one above, taken seconds before it, and from straight on rather than an angle. That photo, like the one above, shows Vladamir Putin, joining the other attendees at last week’s Group of 20 summit for their formal group photo, but in the one I am looking at Putin is striding across the group to the end of the line, eyes forward, as the rest look on. President Obama alone is standing head bowed as Putin passed, while the other leaders look forward. Unlike the photo above, Obama’s bowed head appears to be in reaction to Putin, but not an effort to listen to something the Russian leader is saying or has said, which is how I would interpret the photo above. The photo above seems relaxed and collegial; the one I am looking at depicts tension. [UPDATE 9/21: A much closer version of the photo is question can be seen here.]

That photograph prompted these criticisms from two Post readers over the weekend.

Mary-Anne Enoch wrote in part…

“I was upset by the photo chosen for the Sept. 7 front page, showing the assembly of the Group of 20 leaders for their traditional “family photograph.”
In that photo, Russian President Vladimir Putin is confidently striding across a stage while others are smiling and probably paying no attention to him. Except for President Obama: In sharp contrast to the rest, he appears to be subservient, shrunken and diminished. His stance reminded me of Forest Whitaker’s portrayal of a long-serving White House butler in a recent movie….it is outrageous that The Post should have selected [ the photo] to accompany an article on the very important and delicate negotiations involving the United States, Russia and Syria.”

Reader Charlotte Stokes had a similar reaction:

“Surely, the wire-service photographer took dozens of pictures, including at least one when the Group of 20 leaders formally posed. So why did The Post choose this one to grace the front page? The photo presented our president in a less-than-honorable light. Given the challenges he faces internationally, why cast doubt on his abilities by sending subliminal messages of this kind?”

[I recognize that it would be better if you could see the actual photo rather than read my description of it accompanied by one that is similar but not quite the same. Interestingly, the Post appears to have purged the picture I am writing about from its website: it does not even use it to accompany the letters about the photo, which it normally would, and which good practice would demand. The photo above, which was widely used by other sources, is the closest I could find, other than the print version that was in my Post on Saturday. If someone can find the actual photo and send me the link, I’d be very grateful.]

Here is your Ethics Alarms Ethics Quiz to kick off what promises to be an ethically alarming week, on the always tricky topic of photojournalism:

Was it unethical for the Post have prominently run a photograph that presented President Obama in an unfavorable, arguably subservient or weak posture? Continue reading →