Professions

CNN, Flunking Journalistic Integrity 101

/ Jack Marshall / 11 Comments

What? Oh THAT...

The stunning revelation that Arnold Schwarzenegger  has been hiding a love child for a decade has media pundits pondering, “What was the biggest sex scandal  to snare an American politician? There’s Bill and Monica, obviously, and Mark Sanford’s South American soul mate; Sen. Ensign’s inter-staff incest and the probable winner after Clinton, John Edwards’ despicable betrayal of his dying wife. It’s a tough field, made tougher by the presence of one more formidable contender: Eliot Spitzer, who lost his job as Governor of New York after being caught playing in a prostitution ring, the exact same kind of criminal enterprise that he busted up as a crusading prosecutor on the way to the State House.

Yesterday, CNN’s Suzanne Malveaux did a feature story on notable political sex scandals, and mentioned all of these and more, with one  exception. Can you guess which? Here’s a hint: the author of the scandal currently stars as one of CNN’s political commentators.

Yes, Eliot Spitzer’s sexual meltdown didn’t make the cut of CNN’s scandal review. What does this tell us about CNN, Malveau, and everyone involved–producers, writers, executives…Spitzer?— in the feature vetting process?

Here’s what: Continue reading →

The Ethics of Sex in the Classroom

/ Jack Marshall / 4 Comments

"All right, Professor, this time you've gone too far!"

Northwestern University Professor John Michael Bailey decided to enrich his course on Human Sexuality by having a man use a dildo to bring a naked woman to orgasm as his students watched. Did the professor do a live play-by-play of the encounter, like sportscaster  Howard Cosell in “Bananas”? We don’t know. (Yes, today is Woody Allen Film Allusion Day, and no, I don’t know why.) Not surprisingly, this caused quite a bit of controversy on campus, and at least one formal complaint was filed challenging the ethics of the exhibition.  Bailey defended the exhibition, which was voluntary (meaning, presumably, that it wouldn’t be covered on the exam—about a hundred students attended) by arguing that such  unconventional demonstration provide “useful examples and extensions of concepts students learn about in traditional academic ways.”  Northwestern president Morton Schapiro concluded that “I simply do not believe this was appropriate … or in keeping with Northwestern University’s academic mission,” and the college has assigned Bailey other courses while announcing that “Human Sexuality”  will not be offered in the coming academic year. Continue reading →

Ethics Hero: Jerry Lewis

/ Jack Marshall / 3 Comments

Great comedians are usually, as Sid Caesar once memorably told Larry King, “miserable sons of bitches,” and few fit that description better than Jerry Lewis. As a result, he also stands as a classic example of how not-so-nice people can still do wonderful, heroic deeds. In Lewis’s case, the deed is the  Jerry Lewis Muscular Dystrophy Association Telethon. Lewis has announced that because of his failing health and advanced age (he is 86), the 2011 version will be his final telethon, and the show itself is being drastically scaled back from over 20 hours in its heyday to about 6 hours. The decline of his Labor Day telethon tradition is as good a time as ever to give Lewis—arrogant, loutish, egomaniacal, tough old bastard that he is—his due. Jerry Lewis is an Ethics Hero. There’s just no way getting around it.

For decades I thought that Jerry Lewis’s involvement with MDA was a stunt cooked up by his publicist during his decline in popularity, to ensure that he would have public visibility after studios stopped offering him movie roles. That was wrong: Lewis started doing telethons for muscular dystrophy in 1952, when his stardom was just blooming and he was still teamed with Dean Martin. his fundraising for medical research began as a series of local broadcasts and went national in 1966. By then Lewis’s career was indeed on the wane (his last hit movie had been “The Nutty Professor” in 1963), but the telethon had already been a constant in his life for 14 years. Jerry wasn’t doing it for himself. He really was doing it for “the kids.” Continue reading →

Jerk of the Year: Donald Trump

/ Jack Marshall / 12 Comments

Where Donald Trump is King

I know it’s only May, and I know that Rev. Jones is still out there somewhere, planning on burning a picture of Mohammad or making confetti out of the Quran or some other offensive stunt designed to attract the attention of Fox News and sell some tee shirts. I know Allan Grayson can surface at any time, and that Michael Moore is joining forces with Keith Olbermann, which is a good bet to make both of them more obnoxious. And I know Newt Gingrich, Ron Paul, Michele Bachman and some other GOP candidates for president can be counted on to say or tweet outrageous things in the coming weeks and months. Yes, and Harry Reid is still running amuck, and there are plenty of athletes, singers and actors who will be embarrassing themselves, their profession and their species before the year is out.

Never mind all that. I’m ready to declare Donald Trump the Jerk of the Year.

I’ll admit my bias up front: I think Trump has been a contender for Jerk of the Year every year for at least two decades. Even I, however, never thought he was a big enough jerk to use the developing 2012 campaign for President of the United States—at a critical juncture in the nation’s history, with literally life-and death crises in the nation’s economy, housing market, and job markets, with the Middle East erupting and America involved in three armed conflicts, with a leadership vacuum at the highest levels of the government and with American trust and hope for the future at a record low—for personal ego gratification and to promote his cheesy, freak-show reality program “The Celebrity Apprentice.” But that’s what he did, soiling the news and  political discourse along the way by giving aid and support to the assortment of paranoids, wackos and racists who had been denying that Obama was a natural born citizen. Continue reading →

Ensign Scandal Revelations: Sen. Coburn’s Betrayal

/ Jack Marshall / 2 Comments

Oh dear, Sen. Coburn...didn't anyone tell you that corruption is contagious?

The bipartisan Senate committee, investigating the sexual harassment/ extortion/ lobbying scandals that led Sen John Ensign (R-Nev.) to resign his seat issued its report this week. It found “substantial credible evidence that provides substantial cause to conclude that Senator Ensign violated Senate Rules and federal civil and criminal laws, and engaged in improper conduct reflecting upon the Senate, thus betraying the public trust and bringing discredit to the Senate.” The committee referred the matter to the Justice Department and the Federal Election Commission.

The report also found, however, that another Republican Senator, Tom Coburn of Oklahoma, was hip-deep in the  mess, serving as an intermediary between Ensign and his top aide, Doug Hampton, who was in the process of extorting  Ensign  for having an affair with Hampton’s wife. Sen. Coburn also played a central role in arranging for Ensign’s parents to cough up the hush money to satisfy Hampton’s demands.  Whether Coburn knew about the more serious offenses that Ensign seems to have committed, such as lying to investigators and using his influence to create business for Hampton’s lobbying firm as part of the pay-off for Ensign sleeping with Hampton’s wife, is unknown, but never mind: helping with the cover-up is bad enough. Continue reading →

The Giordano Decision, Sympathy and Malfunctioning Ethics Alarms

/ Jack Marshall / 6 Comments

Sympathy and empathy are wonderful and admirable qualities, but they can mess up ethics alarms but good, causing them to ring out with gusto when perhaps they shouldn’t be set off at all.

This, I’m sorry to say, is what seems to be going on with the public and the media in the wake of a North Carolina judge denying Alaina Giordano primary custody of her two children,  in part because Giordano has Stage IV breast cancer, and in part because she is unemployed. Giordano is upset and nobody can blame her for that. She has also started a website exhorting readers to “Say NO! to CANCER discrimination!” There is a Facebook page (of course) rallying support for her, and it already has over 14,000 fans. An online petition to the governor called “Do Not Allow NC Judge To Take Alaina Giordano’s Children Just Because She Has Cancer ” has more than 75,000 signers.

Yet there is nothing inherently unethical, illogical or unfair about family law Judge Nancy E. Gordon awarding custody of 11-year-old Sofia and 5-year-old Bud to their father, who lives and works in Chicago, rather than to their mother, who lives in Durham, and has breast cancer that is most likely terminal. Continue reading →

The Freeland Community School District Law Suit: Just or Joke?

/ Jack Marshall / 9 Comments

It’s time for another Ethics Quiz!

Freeland (Mich.) High School Marcie L. Rousseau has already been sentenced to prison for committing sex crimes with one of her students, but the matter is hardly over. The student’s lawyer says he is seeking at least $1 million in damages in a lawsuit  naming Rousseau, the Freeland Community School District, Freeland Superintendent Matthew A. Cairy, Freeland High School Principal Jonathan Good and former high school Assistant Principal J. Barry Weldon Jr. as defendants. The suit alleges negligence, and that the three administrators “neither completed a proper investigation nor reported the findings as they had a legal and ethical obligation to do,” despite having sufficient information to alert them that Rousseau was having sex with her student, who was 16 at the time.

This is pretty standard stuff. What is causing some skepticism and hilarity around news rooms, coffee machines and the Internet, however is this: the lawsuit  claims that the young man has suffered and continues to suffer “physical, psychological and emotional injury” because of the illicit relationship with Rousseau, which the law suit claims “was non-consensual”  and which, according to police reports, included at least 100 instances of sexual intercourse and at least 75 other sex acts between May 2009 and February of 2010.

Your question:

Is the law suit’s contention that the young man participated in various forms of sex with his teacher against his will inherently absurd and dishonest when it includes 175 sex acts in a nine month period? Continue reading →

Appearance of Impropriety I: Federal Judge in a Whites Only Club? Ethical, As Long As He Doesn’t Like The Policy. Wait…WHAT?

/ Jack Marshall / 7 Comments

Our Motto: "Trying to find a qualified black member for 110 years...and still looking!"

Is it an ethical violation for a Federal judge to belong to a whites-only country club?

Sure it is. Was that so hard?

Apparently for a judicial appeals panel in Tennessee, it is.

In May of 2008, an anonymous woman complained to the chief judge of the 6th Circuit Court of Appeals that Federal bankruptcy  Judge George Paine II’s  membership in the ritzy Belle Meade Country Club violated the judicial ethics code of conduct that decrees that judges “should not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin.”  This was a reasonable complaint to make, since the judicial codes for both Federal judges and Tennessee judges say that…

 CANON 2: A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES

2 C   A judge shall not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin. Continue reading →

Me, Wrestling With Bias, And Losing

/ Jack Marshall / 6 Comments

A large part of being ethical involves being aware of your biases and minimizing their impact on your conduct. As I recently was reminded, this sounds easier than it is in practice.

Searching yesterday for an Ethics Alarms topic, I came across an interesting, if not earth-shaking, issue of legal ethics that had obvious applications to other professions. Tracking down the source of the story, I discovered that the original idea was posted by a lawyer-blogger who in the past has gone out of his way to denigrate me professionally and personally on the web. He has also insulted me directly. Outside of that, though, he is by all accounts a terrific lawyer, an astute commentator on the legal profession, and, I’m sure, the salt of the earth.

Still, I don’t feel like sending readers to his site. Not only did the guy, unfairly, set out to harm me professionally, but he probably would do so again. I have no reason to do something that benefits him, nor is there any reason for me to try to curry favor with him: he owes me an apology, and I know I am never getting it.

I could link to one of the blogs and websites that picked up and elaborated on his post, but that would be unfair: I try to link to the originator of a useful ethical discussion as a matter of fairness and recognition. Continue reading →

The Uncommon Common Dilemma

/ Jack Marshall / 12 Comments

Emily Dickinson, he's not.

It is unusual to encounter a situation where there is no course that doesn’t violate some legitimate ethical principle. The dilemma involving rapper Common’s controversial invitation to the White House is one of them. None of the options are strictly ethical, and this has led advocates both for and against his inclusion in Michelle Obama’s poetry event, “An Evening of  Poetry at the White House,” to behave unethically themselves. Let’s see: what comes closest to being ethical conduct of the possible outcomes?

Option A: Michelle has her poetry event, but doesn’t invite any mainstream rapper. Ethical breaches: Incompetence, bias, censorship, dishonesty.

Rap is the most dynamic and popular form of poetry in America today. Having an event to “showcase the impact of poetry on American culture” at the White House that excludes popular rappers is absurd on its face; it would be like the White House celebrating the influence of sports in American culture and omitting football. Continue reading →