Professions

Ethics Quiz: The Governor’s Dress

/ Jack Marshall / 35 Comments

Michigan Governor Gretchen Whitmer wore a “form fitting dress” or a “distractingly badly-fitting dress” during her state of the State address. After some pundits and a lot of social media users leveled harsh criticism of her attire, the matter quickly entered the battlefield of the gender wars. She said in a statement,

“In my speech I was encouraging people to see the humanity in one another in this cruel political environment. In an era when so many women are stepping up to lead, I’m hoping people will focus on our ideas and accomplishments instead of our appearance. Until then, I’ve got a message for all of the women and girls like mine who have to deal with garbage like this every day: I’ve got your back.”

Anne Doyle, an Oakland County leadership coach for women, said,

“If she had been wearing something big and baggy, she would have been criticized for wearing that. We’re going to see a significant amount of this type of criticism as more and more women are in these type of powerful, leadership roles. It’s gender bias. But we have to power our way through it and ignore it.”

No question about it, female public figures are often subjected to higher standards of appearance than males. However, does this mean that no criticism of public comportment and appearance by public officials in the official discharge of their duties is legitimate? Here’s Ann Althouse on the controversy, writing that the Governor…

…wore a dress to her State of the State Address that was just way too tight. As many of the commenters (at The Daily Mail) observe, you can see the outline of her bellybutton. It’s not really fair to accuse everyone of body shaming when you wear something that fits so poorly. People talk about Trump’s tie being too long….

And his hair, AND his skin color, AND his hands, AND his weight. Meanwhile, Michelle Obama’s every fashion choice received barrels of ink-worth of automatic praise. The issue is, or should be, whether a public figures should be held accountable for decisions regarding they present themselves to the world. Cousin Vinny kept finding himself in contempt of court for inappropriately casual attire, which was deemed disrespectful to the court. Are supporters of the governor really arguing that all criticism of a female elected official’s attire or appearance is sexist? Seriously?

Your Ethics Alarms Ethics Quiz Of The Day is…

Was criticism of the Governor’s dress unethical?

Continue reading →

Ethics Hero: CBS Correspondent Lara Logan [Updated]

/ Jack Marshall / 22 Comments

This was tough: I also was tempted to label the story an Ethical Quote of the Month (see below) or even an Ethics Quiz; after all, is someone really a hero for simply stating in public what any honest, unbiased, objective observer already knows to be true, and what should be obvious to anyone paying attention? I decided that the answer to the latter is yes. She’s a hero if virtually her entire industry has been working overtime to deceive the public into believing otherwise.

In a recent interview, former CBS News Foreign Correspondent Lara Logan [CORRECTION NOTE: In the original version of this post, I incorrectly stated that Logan was still with CBS.]  stated unequivocally that the mainstream news media is disproportionately liberal, and that the imbalance undermines journalism and fair reporting. She told retired Navy SEAL Mike Ritland in a podcast,

“Visually, anyone who’s ever been to Israel and been to the Wailing Wall has seen that the women have this tiny little spot in front of the wall to pray, and the rest of the wall is for the men. To me, that’s a great representation of the American media, is that in this tiny little corner where the women pray you’ve got Breitbart and Fox News and a few others, and from there on, you have CBS, ABC, NBC, Huffington Post, Politico, whatever, right? All of them.

And that’s a problem for me, because even if it was reversed, if it was vastly mostly on the right, that would also be a problem for me. My experience has been that the more opinions you have, the more ways that you look at everything in life.”

Logan also said that the press coverage of President Trump shows how the news media distorts its reports  so that “there’s no grey. It’s all one way.” Continue reading →

Morning Ethics Warm-Up, 2/6/2019: State of the Union Ethics, And More

/ Jack Marshall / 70 Comments

Hello, Austin!

At least, that’s what I’ll be saying later today, as I arrive in the Texas capital to give my country music ethics seminar, sung by the remarkable Mike Messer, to a group of over a thousand corporate lawyers. It’s certainly better than lying around coughing, which is what I’ve been doing lately.

1. Update: Facebook still won’t accept Ethics Alarms links. This is seriously depressing me. I can’t get Facebook to respond or explain, and so far WordPress hasn’t been any help either. In the past, posts here have attracted tens of thousands of Facebook shares; most got at least a couple. Now there are none. This affects traffic, it affects everything. On one level, I’m tempted just to leave Facebook entirely. It’s not a very pleasant place these days, and the company is despicable. That doesn’t solve the problem though. After all the work and time I have spent trying to develop the blog, watching its readership and circulation go backwards is infuriating. I also don’t know how paranoid I should be about all of this.

2. State of the Union notes. The speech is always political theater, and largely irrelevant unless it is botched or something weird happens, like “You lie!” or Obama attacking the Supreme Court. I find it amazing that so many pundits couldn’t keep their cognitive dissonance in check, and give some semblance of an honest, if grudging, analysis of what one would have to call an excellent performance—and that’s all the SOTU speech is, a performance— by Donald Trump standards, and a wise performance from a Presidential perspective. At a time of near maximum divisiveness, the speech was upbeat, optimistic, and patriotic. You have to really, really hate the man to condemn that speech….and that’s how most of journalists and pundits feel. I especially liked Salon’s “Donald Trump 2019: Same lying racist he was last year.”  CNN’s Van Jones was also self-indicting, saying,  “I saw this as a psychotically incoherent speech with cookies and dog poop. He tries to put together in the same speech these warm, kind things about humanitarianism and caring about children, and at the same time he is demonizing people who are immigrants in a way that was appalling.”  On the other side of the wacko divide, Ann Coulter called the speech “sappy” and was upset because Trump didn’t talk more about the wall. Is there anyone other than Coulter than wants him to talk more about the wall? We need a special confirmation bias clinic for these people. Also: Continue reading →

Ethics Run-Down, 2/5/2019: Neeson And Nipples

/ Jack Marshall / 63 Comments

I’m calling it a run-down because I’m run down.

1. THANK YOU…Ethics Alarms readers who contributed—by tuning in to the Puppy Bowl or something, anything— to the NFL’s worst ratings for a Super Bowl in a decade, and by some metrics (percentage of homes) the worst ratings ever. True, nobody knows exactly what kept viewers away—the looming Kaepernick controversy, the blah game, LA being sick of getting beaten by Boston, the prospect of being preached to by virtue-signaling corporations, the uninspiring half-time show, families being smart enough to try to steer their kids away from football—but progress is progress. Someone will have to explain to me the “boring game” theory: who does someone know the game is going to be boring without watching it?

2. Oh, Great—thanks to Liam Neeson, we are one step closer to punishing thought crimes. What possessed the often thoughtful actor to expound on a period in his life when he hated blacks?

In an interview, published by The Independent,  Neeson, who specializes in revenge fantasy action movies, that 40 years ago he walked the streets with a weapon looking for black men to attack because friend of his had been raped by a man she identified as African American. The actor said he “went out deliberately into black areas in the city looking to be set upon so that I could unleash physical violence”.

Now he is being attacked as a racist. And he’s surprised? The governor of Virginia is being attacked as a racist for dressing up as Michael Jackson when he was a student, and he wasn’t even trying to hurt anybody. Liam, Liam, Liam. Asked what he wanted people to learn from his experience, he told ABC’s Robin Roberts today, “To talk. To open up…We all pretend we’re all politically correct in this country…in mine, too. You sometimes just scratch the surface and you discover this racism and bigotry and it’s there. ”

Fine. Everyone has unethical, even evil thoughts and impulses on occasion. If we are normal, ethical, rational and reasonable, we deal with them in a healthy way. There is nothing unethical about thoughts. Unfortunately, we are plagued in the culture right now with those who want to dictate our thoughts and punish those who do not conform in order to control our liberties, expression and conduct. Neeson just gave those people, and Hollywood, where he works, is crawling with them, an opening to punish thoughts, specifically his.

Next time, Liam, talk to a priest, a psychiatrist, a spouse, a trusted friend, anyone but a journalist. If there is a next time: I fully expect Neeson to be effectively blackballed in his profession.

3. KABOOM! The stupidest Super Bowl ethics controversy ever! Actress Abigail Breslin—you may recall her fondly  in “Little Miss Sunshine,” not so fondly as “Baby” in the beyond horrible live TV version of “Dirty Dancing”— doesn’t understand why why Maroon 5 frontman Adam Levine was allowed to go topless during his Super Bowl performance when Janet Jackson was so heavily criticized for her contrived nipple flashing during the 2004 Super Bowl Halftime Show. “Nipplegate” got CBS a $550,000 fine.

Levine removed his shirt to show off his heavily tattooed body as he performed, and a number of social media users, including celebrities, questioned why it was OK to see his top half and not Janet’s. You know. Morons.

“I have nothing against Adam Levine whatsoever and actually am a huge fan but it’s messed up that society seems it acceptable for him to be shirtless during the halftime show and Janet Jackson was chastised because her top half was accidentally exposed at the same event. #doublestandards,” Breslin tweeted. “It’s unfair that she was ridiculed for an accident that wasn’t even her fault but a man can take his shirt off on stage and it’s no problem….I’m saying neither should be fined. Or both should be fined. It’s not fair an accidental slip is cause for a fine but a man ripping his shirt off on stage is chill. It should be a fine for both or a fine for none.”

Actress Rosie Perez—is she more or less of a hasbeen than Breslin?— tweeted “Okay. Hold up. Are they going to go in and penalize # AdamLevine for showing his t*ts like they did @JanetJackson ? Just asking.”

Ugh. As Ethics Alarms has explained before, there was nothing accidental about Jackson’s flashing, and the risible claim that poor Janet had a “costume malfunction” (wink-wink) has entered the realm of fake history, less annoying but equally as false as “Hands Up! Don’t shoot!” But never mind that: have these actresses never been to a beach? A volleyball tournament? Do they live in nudist colony? Civilized society permits some parts of the male anatomy to be exposed in public, while some parts of the female anatomy are not considered appropriate for public display. The system has worked pretty well. Are feminists really going to try to label this a form of sexism?

On multiple fronts, it is beginning to appear that progressive cant is spinning into self-parody.

Here’s Adam, by the way:

 

I don’t know about you, but I had a hard time finding his nipples.

 

The District Of Columbia Bar’s Proposed New Anti-Discrimination And Harassment Rule

/ Jack Marshall / 12 Comments

In May of 2018, I wrote about the ABA’s new anti-discrimination and harassment rule, 8.4 g, which has been heavily criticized, and, in Tennessee, declared unconstitutional. Here, again, is the text:

“It is professional misconduct for a lawyer to… engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline or withdraw from a representation in accordance with Rule 1.16. This paragraph does not preclude legitimate advice or advocacy consistent with these Rules.”

Undeterred (and as I predicted), the always “woke” District of Columbia Bar is charging ahead with a version of the rule, and asking for comments from members (like me) on its proposed version, which would replace the current, much narrower anti-discrimination rule currently enforced, Rule 9.1. Here is the D.C. draft:

D.C. Rule 9.1 (Nondiscrimination and Antiharassment)

It is professional misconduct for a lawyer, with respect to the practice of law, to engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, family responsibility, or socioeconomic status. This Rule does not limit the ability of a lawyer to accept, decline or, in accordance with Rule 1.16, withdraw from a representation. This Rule does not preclude providing legitimate advice or engaging in legitimate advocacy consistent with these Rules.

Hmmmm. Continue reading →

The Big Law Firm’s New Partners

/ Jack Marshall / 42 Comments

In early December of last year, Paul, Weiss, one of the country’s largest and richest firms, announced its new partners: twelve young white lawyers, and one similarly hued woman.

Being that group identification is everything to certain well-placed people today, the announcement became an instant “public relations nightmare,” according to many media accounts. Sensitive to being sufficiently “woke,” many large companies had their  general counsels, sign an open letter  calling on law firms firms  “to reflect the diversity of the legal community” or they would send their business elsewhere.

What is the assumption underlying that letter? Is it that whites were chosen over better qualified minority lawyers as an act of bigotry and racism? Noooo, nobody’s suggesting that. Are the signatories to the letter really saying that less qualified lawyers of color should be advanced rather than these lawyers? It can’t be that, can it? I would say that a law firm that does not make every effort to have the very best lawyers available for the benefit of the clients is treading close to unethical behavior. A firm can’t prioritize diversity, whatever than means, over its own abilities to represent clients.

I nearly dropped Above the Law, but the reliably knee-jerk left and ethically obtuse online rag is great for these stories, and didn’t disappoint this time. Joe Patrice, the editor, wrote, Continue reading →

Morning Ethics Warm-Up, 1/29/19: Sick Room Edition

/ Jack Marshall / 27 Comments

I hope you’re feeling better than I am.

1. Sick Ethics. Being sick on the job is always an ethical conflict, and riddled with bias. My father’s approach, so characteristic of him as someone who insisted on going into the Battle of the Bulge as an officer with a mangled, recently-repaired foot that was still oozing blood, was to ignore the illness and soldier on. There are two problems with that, however. First, you are working at diminished capacity, and second, you risk infecting others. The problem is a bit easier when you have a home office like I do, but there is still a trade-off issue: if I “soldier on” like my father, do I risk a longer illness and reduced capacity for far longer than if I just took a day or two off to recuperate? In my case, this is always a tough call: I am very vulnerable to bronchitis and pneumonia following chest colds (that’s what I’ve got, big time, starting last night), and when the stuff I cough up starts attacking me through the Kleenex, I’m in big trouble that has sometimes lasted for months. There is also a bias problem when you feel rotten. Right now, I would love to lie down. I can’t think of anything I would like more. I bet I can rationalize air-tight reasons why I should lie down, despite all of the very valid reason not to.

2. And speaking of sick...All 50 states require vaccinations before children to attend school, but 47 of them  (California, Mississippi and West Virginia are the exceptions) allow parents to opt out of vaccines if they have religious beliefs against immunizations. Eighteen states also allow parents to opt out of vaccines if they have personal, moral or philosophical beliefs against immunizations, including beliefs that they can think straight when they are in fact idiots and get their medical advice from Jenny McCarthy and other hysterical anti-vaxxers. Oregon and Washington are among the states that allow for a parent’s personal beliefs to exempt their kids from being immunized, along with Arizona, Arkansas, Colorado, Idaho, Louisiana, Maine, Michigan, Minnesota, North Dakota, Ohio, Oklahoma, Pennsylvania, Texas, Utah, Wisconsin and Vermont.

You know. Morons. Continue reading →

Death By Hypocrisy

/ Jack Marshall / 10 Comments

Fake Newseum…

Johns Hopkins is buying the Newseum building in Washington, D.C., ending a depressing saga. The Freedom Forum, which ran the failed institution, made predictable brave statements about soldiering on, but the Newseum is dead, and deserved to die.

It is tragic, however. There should be a museum in the nation’s Capital chronicling the history of Freedom of the Press in America: John Peter Zenger, Nellie Bly, Horace Greeley, Hearst, Woodward and Bernstein, New York Times v. Sullivan, the Pentagon papers, the Boston Globe’s exposure of the Catholic Church child molestation cover-up and so much more. The problem is that today’s journalists no longer believe in or can be trusted to practice the kind of journalism that the Newseum celebrated, but had to pretend they did or the place would be more of a memorial than a museum.

Here , for example, was a laughable section, since removed, from 2009—you know, after the news media mugged John McCain, attacked Sarah Palin relentlessly for lacking “qualifications” to be Vice President while coronating Barack Obama, whose qualifications for the Presidency were far fewer, and generally acted as part of the Democratic Party’s campaign organization because electing a black President justified abandoning all objectivity and independence: Continue reading →

The Lawyer Version Of “The Hader Gotcha”

/ Jack Marshall / 10 Comments

“GOTCHA!”

My legal ethics colleagues have their briefs in a bunch over a case in which an enterprising news media reporter dredged up old, old —but scintillating!—professional discipline on two lawyers taking on the defense of a much-hated defendant in a sensational and heinous crime.

One had been suspended for taking client money, but was eventually reinstated. The other had been reprimanded for having a sexual relationship with a client. The idea, of course, was to make the lawyers look bad. The issue is whether this is a fair use of attorney discipline, especially in the latter case.

The episode is similar to the Hader Gotcha, which we have discussed here several times, in which deep social media divers look for embarrassing youthful social media posts from the past, even from teen years, to use to turn the public against the individual, or at least to force the target to grovel an apology. It is also similar to the Brett Kavanaugh hit from Dr. Blasey-Ford, though I doubt this would occur to my overwhelmingly “woke” legal ethicist friends.

The lawyer raising the issue represents attorneys faced with disciplinary complaints, and asks why this is happening, feels that it is unfair, since the discipline wasn’t recent and had nothing to do with the current case, and thinks it is wrong that the reporter didn’t bother to talk to the bar association or the lawyers themselves to get proper context. He also asks whether anything can be done about it, including, perhaps, not publicizing some varieties of lawyer discipline.

The lawyer also asks,

Do I need to warn my clients that a collateral consequence of discipline is that if they ever take a high-profile case, the press might dredge up old dirt when covering the case?

This is too easy:

  • Welcome to the internet age! No, there is absolutely nothing that can be done about this, except to create a more ethical culture of journ…sorry, I couldn’t get that out without laughing.
  • The legal profession has never been able to explain to the public, and apparently not to journalists either, though they should be less ignorant, that representing accused criminals and guaranteeing even guilty citizens their rights isn’t an adverse reflection on a lawyers’ character. As a result, someone will always think it’s fun, justified and fair to look for dirt in a defense lawyer’s personal or professional past. Thanks to the web, it’s easier than ever.
  • Yes, you need to warn your clients. I’m surprised you weren’t doing so already.
  • And it’s not just legal discipline. Anything potentially embarrassing that can be found on the web, including social media posts [Lawyers: Don’t use Twitter!] can and will be dug up and weaponized.
  • As a result, past discipline, and any other potentially embarrassing information about a lawyer now falls into Rule 1.4 territory, information the client has a right to know and must be informed about in order to participate in his or her own case.
  • No, all lawyer discipline should be reported. The public has a right to know.

The Dumbest Casting Ethics Controversy Yet

/ Jack Marshall / 27 Comments

Sometimes the line between confused ethics and plain old stupidity is razor thin. This controversy is one of those times.

Actor Bryan Cranston, best known for “Breaking Bad,”  is being criticized for playing a a quadriplegic billionaire in “The Upside,” his new film  released Friday, because he is not actually handicapped.

He’s also not a billionaire, but that doesn’t seem to be an issue for some reason.

Jay Ruderman of the Ruderman Family Foundation complained, “While we don’t know the auditioning history of ‘The Upside,” casting a non-disabled actor to play a character with a disability is highly problematic and deprives performers with disabilities the chance to work and gain exposure.”

No, Jay, it isn’t problematic, because the primary objective of the performing arts is not, and has never been, to provide “the chance to work and gain exposure.” This is the affirmative action mentality that as it gets stretched further and further from reality and common sense by the woke and the wokeness-addled, increasingly ensures that society eventually  rejects the whole tortured concept. The objective of the performing arts is to entertain, engage and enlighten the audience. That requires casting the best actors available, and in film, frequently the best know actors, in the judgment of the director and the producer. Bryan Cranston is one of the most skilled actors in the world. I am extremely confident that there isn’t a single quadriplegic actor that can equal him, if indeed there are any at all. Audrey Hepburn could also play a blind woman better than any of the few available blind actresses, when she starred in “Wait Until Dark.” Tom Hanks and cliff Roberrtson could play  mentally-challenged caharcters in “Forrest Gump” and “Charlie” better than any mentally-challenged actors.

I can’t believe we even have to have this conversation. Continue reading →