Ethics Quiz (And a Poll!) : The Fan, The Girl, and The Grope

I wrestled with whether it was ethical to show this video or  just link to it on another website instead. I have, as you might have surmised by now, an ethical objection to the practice of taking videos, photographs or recordings of people without their knowledge or permission and publicizing them, and that objection is intensified when it is done for the purpose of embarrassing them or shaming them, unless the conduct is illegal or so unquestionably vile that society is obligated to issue an objection in the strongest terms possible. I think that the borderline episodes of this are  important to discuss and yet it is difficult to do that without aiding and abetting what may be unethical conduct, as I help publicize what perhaps should have been left private.

I haven’t resolved this dilemma. When a video has gone viral, as this one has (as well as another I show here), I think that the impact of my embedding the clip in order to discuss it is minimal, and that the value of presenting the actual video for readers to see outbalances the harm to the victim/victims, if that’s what they are, of posting it on one more site on the web among many. I invite opinions to the contrary. (In the instant case, I should note, the episode was inadvertently captured by a TV cameraman—he shot what he thought was a sleeping fan, and then the copping and feeling began—and broadcast live. Someone else then put the touching moment online.)

With that introduction, here is the video, YouTubed and picked up by Gawker (naturally) as well as many other sites. It shows a male fan at a Yankee game with a sleeping or otherwise unconscious young woman resting her head on his chest. While she sleeps, he appears to fondle her breast, thus spawning endless leering references, since it was at a ballgame, of “stealing second.” We do not know whether the young woman was a stranger who collapsed his way (this actually happened to me once, and at a ballgame, so it’s not that far-fetched), a friend, his wife, his girlfriend, or, as some disturbed individual on one site suggested, his sister.

For the sake of this quiz, we will assume they are a couple. YouTube pulled the video I had embedded, so to see the action, go here.

All set?

Your Ethics Alarms Ethics Quiz today is…

Assuming this was the fan’s wife or girlfriend, was it unethical for him to cop a feel, in public, while she was unconscious? Continue reading

Ethics Quiz: My “Disrespectful” Comment

alas_header3

There has been an epic thread, over a week long now, I think, on Ampersand’s blog about the Zimmerman trial. It has been very illuminating and valuable for me, because the vast majority of the discussion consists of articulate knee-jerk liberals desperately searching for some way to hold on to the myth that Trayvon Martin was the victim of racial profiling, and that George Zimmerman, a closet racist cold-blooded killer, got away with murder. It is fascinating, if depressing. So many seemingly smart people who just “know” that Zimmerman was really guilty, and that Martin was gunned down because he was wearing a hoodie and carrying Skittles.

One of the outnumbered rational commenters there, a chap calling himself Conrad, responded to a persistent Zimmerman-hater who kept saying that it was “50-50” who started the fatal fight, and that it should disturb anyone that there is, therefore, a 50-50 chance that Zimmerman got away with murder. Conrad pointed out that the evidence, in fact, strongly suggested that Zimmerman did not provoke the physical encounter, and, sure enough, none of the  factual arguments to the contrary were deemed persuasive. I had intervened several times in the discussion (since it was launched in the blog post by Ampersand saying that my assertion that there were no legitimate grounds on which to challenge the jury’s verdict as anything but compelled by the evidence was biased), and this was the final straw.

I wrote, to Conrad:

“Fascinating, isn’t it? So many compassionate, fair, intelligent people tying their brains into knots because they have staked everything on a badly cast George Zimmerman being the epitome of a murderous, conservative, vigilante racist. Oops! He’s not white! Oops! His prom date was black! Oops! He voted for Obama! Oops! He never used a racial slur! Oops! He was jumped by the victim! Oops! He really was injured! Oops! The evidence and all the witnesses support his account! Never mind…you just KNOW he did it.

“This is the real lesson of this endless mess–how confirmation bias makes good people into bigots and persecutors.

“There is another piece of evidence: when police, while interrogating Zimmerman, told him that the entire altercation was caught on a security camera—a lie, to check his reaction–his instant response, according to witnesses, was “Thank God!” Clever guy, that George. Quick thinking!

“But this has never been about evidence. It was about making Obama’s base fear for their lives just in time for the 2012 elections, and increasing racial divisiveness for cynical political gain. At least I hope that was what it was about, because if there wasn’t some tangible reason for it, it is the stupidest self-inflicted wound on society that I can remember.”

I was shortly thereafter shocked to receive Ampersand’s stern reprimand for this comment.

“Jack, please reread the moderation goals for this blog. In particular, this bit: “Debates are conducted in a manner that shows respect even for folks we disagree with.” If you don’t find it possible to disagree with people while treating them with respect, then I’ll ask you to stop leaving comments here. Where would make me unhappy, so I hope it doesn’t come to that. –Amp”

He generously left my entire post up with a strike-through, making it unreadable as well as  hanging a scarlet letter on the content. Nice. Apparently it was all too disrespectful. (In fact, I would judge many of the approved comments in the thread far more directly insulting to specific commenters than mine, which impugned the whole anti-Zimmerman chorus.)

Your Ethics Quiz as we head into the first August weekend:

Was it too disrespectful? Continue reading

Ethics Quiz: Critic Ethics

How I love critics...

How I love critics…

This is a delicate one for me; the names have been omitted and details disguised to protect…well, for a lot of reasons.

Last week I posted about the mixed-gender version of “I Do! I Do!” I directed for The American Century Theater, which I co-founded and where I am the artistic director. The show met all my objectives and expectations, even surpassed them, and until today, all of the reviews have been raves.

Today, though, a non-rave came out on a local theater website. It is the kind of review I detest, where the standard of the critic is “why didn’t you do it this way? That’s what I would have done.” The answer to that is, bluntly, “Direct your own damn show, then.” Snap judgments from one-time viewers, even extremely sophisticated ones, about what they would do if they were the author, actor, director, or designer of a stage production—when if truth they never have been or could be—are inherently unfair, incompetent and also obnoxious. After considering and experimenting and testing various artistic approaches to any problem over months of preparation, meetings and  intense rehearsal with a large production and artistic team, any production deserves the respect of being assumed to have considered and rejected for cause other solutions, which for various reasons didn’t work.

This is not, of course, a professional reviewer, though a reader could only know that from the quality of the review. Among other tells, the critic misidentifies which performers sing what, and the whole concept of non-realistic sets seems to be alien to him: yes, dear, we could have afforded a four-poster bed; the director felt the show would be better without one, and in fact, it is. Okay, the reviewer is a boob: that’s fine; most theater reviewers are.  I would not make an issue about one sloppy and badly reasoned amateur review, because if I did, I’d be in a padded room.

However, after the review was published, I learned that our company had a prior experience with this reviewer: he had been on the crew of a show last year, and we had to fire him. In 17 years and over 80 productions, he is the only person to be fired from that particular job.

Your Ethics Alarms Ethics Quiz with a theatrical bent:

Does a critic who has a past relationship with a theater company whose production he or she is reviewing have an ethical obligation to disclose it as part of the published review? Continue reading

Ethics Quiz: The Braless, Blogging Reporter

Too much information?

Too much information?

Shea Allen, an investigative reporter for WAAY-TV, a Huntsville, Alabama, ABC affiliate,  was fired from her job despite what had been considered sterling work because of a post she made on her personal blog.

Titled “Confessions of a Red Headed Reporter,” it was a light-hearted list of, she thought, minor quirks and trivial transgressions.

The fateful list:

1. I’ve gone bra-less during a live broadcast and no one was the wiser.
2. My best sources are the ones who secretly have a crush on me.
3. I am better live when I have no script and no idea what I’m talking about.
4. I’ve mastered the ability to contort my body into a position that makes me appear much skinner in front of the camera than I actually am.
5. I hate the right side of my face.
6. I’m frightened of old people and I refuse to do stories involving them or the places they reside.
7. Happy, fluffy, rainbow stories about good things make me depressed.
8. I’ve taken naps in the news car.
9. If you ramble and I deem you unnecessary for my story, I’ll stop recording but let you think otherwise.
10. I’ve stolen mail and then put it back. (maybe)

Your Ethics Alarms Ethics Quiz:

Was it fair for the station to fire her? Continue reading

Ethics Quiz: The Ice Cream Sundae Dilemma

ice-cream-pic

It just took me more than 10 hours of assorted travel hell to reach this Colorado resort where I’m giving a keynote speech at the Utah Bar’s annual convention. I arrived in my room close to midnight, and I was parched and annoyed. I decided to indulge myself by ordering a nice, cool treat from the late night menu—a vanilla fudge sundae, with roasted pecans, whipped cream, and a cherry on top.

The young and earnest resort employee arrived 20 minutes after my call, and I signed for the dessert. It wasn’t until I had several spoonsful that I noticed something was missing: no pecans.

Your Ethics Quiz:

Should I have called up room service and demanded the promised nuts? Continue reading

Ethics Quiz: Grade The Misbehaving Celebrities!

Our subjects:

Oh, Bill...you're such a scream!

Oh, Bill…you’re such a scream!

Bill Maher, bad boy comic, political satirist and host of HBO’s “Real Time”

Maher’s fans

Ron Futrelle, former sportscaster and Las Vegas media personality

Sarah Palin, former governor, VP candidate, Fox commentator and conservative icon

All clashed over a joke made by Maher during a stand-up gig, and your challenge is to decide who gets the lowest ethics grade. Here’s what happened: Futrelle was in the audience for Maher’s show in  Las Vegas. Maher made a joke about Palin’s son, Trig, who has Down Syndrome. According to Futrelle, the joke  upset him, as well as the fact that the audience appeared to enjoy Maher’s using Palin’s innocent and mentally challenged child as a comedy topic, and laughed heartily. Futrelle began heckling Maher, eventually prompting an annoyed audience member to remind him that he was not the attraction, and suggest that he shut his gob. Futrelle persisted, and when confronted by security, left.

Through Futrelle’s blog’s account of his experience, Brietbart and the miracle of social media, Mama Grizzly Palin learned that her young son had been (again) converted into joke-fodder, and tweeted her reaction to Maher:

“Hey bully, on behalf of all kids whom you hatefully mock in order to make yourself feel big, I hope one flattens your lily white wimpy a#*.”

Our grading scale:

Exemplary ethical conduct.

Ethical and appropriate conduct that could have been better executed.

C  Acceptable conduct according to reasonable social norms

D Unethical conduct

Despicable conduct

Your Ethics Alarms Ethics Quiz is, therefore, to accept this challenge:

Give Maher, Maher’s audience, Futrelle and Palin their ethics grades. Continue reading

Ethics Quiz: Mayor Bloomberg’s Pizza Petard

"No pizza for you!"

“No pizza for you!”

I came thiiiiis close to making this an Ethics Hero post, then I realized that the story was a gag.

But fictional tales pose real ethics dilemmas: let’s see if you can resolve the one raised by this spoof.

According to the satirical  Daily Currant, Mayor Bloomberg, better known in NYC as the Nanny Mayor who has, among other measures, decreed how much sweet soda pop one is allowed to sell or purchase to consume, was having a business lunch at Collegno’s Pizzeria. When he asked for second slice of pizza, however, he was refused.

“I’m sorry sir,” the Currant quoted owner “Antonio Benito” as replying, “we can’t do that. You’ve reached your personal slice limit.” And he wasn’t kidding.

“OK, that’s funny,” the alternate universe New York Mayor remarked, “because of the soda thing … No come on. I’m not kidding. I haven’t eaten all morning, just send over another pepperoni.”

“I’m sorry sir. We’re serious,” Benito said. “We’ve decided that eating more than one piece isn’t healthy for you, and so we’re forbidding you from doing it.”

Bloomberg, in the Currant’s account, then snapped., saying:  “Look jackass. I fucking skipped breakfast this morning just so I could eat four slices of your pizza. Don’t be a schmuck, just get back to the kitchen and bring out some fucking pizza, okay.”

Benito stood fast! “I’m sorry sir, there’s nothing I can do. Maybe you could go to several restaurants and get one slice at each. At least that way you’re walking. You know, burning calories.”

Zing!

If only it were true… Continue reading

Ethics Quiz: The Harley Tragedy

I’m sure PETA thinks this is fair; I’m not sure that I do.

No goldfish for you!

No goldfish for you!

Tammy Brown,47, a disabled Moon Lake, Florida woman trying to make ends meet on her $508-a-month government check, argued that she was not able to afford veterinary care for Harley, her 14-year-old dog who had a painful ear infection as well as skin problems, periodic tumors, heartworms and ear mites. Because she did not get treatment for Harley, however—the fact that she tried to treat the dog’s problems with over the counter ointments wasn’t enough to mollify the judge— Brown was convicted of felony animal cruelty. She spent more than a month in jail awaiting sentencing, and then received six months of house arrest, 300 hours of community service, three years of probation, and $1,000 in court costs. Circuit Judge William Webb also commanded, “I don’t want you to own any animals. Not even a goldfish!” (Hartley had been euthanized.)

Apparently Harley’s physical condition was shockingly poor, so much so that jurors found photos hard to look at. An Animal Services officer testified that Harley couldn’t stand up without support. The prosecutor wanted Brown imprisoned.

Has society become so animal-sensitive that it has lost its priorities? Your Ethics Alarms Ethics Quiz is this: Assuming that Harley’s lack of treatment was due to lack of resources and neglect rather than malice…

Was Tammy Brown’s sentence fair, or was it excessive and cruel? Continue reading

Ethics Quiz: The Hypocrite and the Hecklers

GLAAD precedent: Emperor Hirohito reads the announcement of his Nobel Peace Prize for agreeing to end World War II...

GLAAD’s  precedent: Emperor Hirohito reads the announcement of his Nobel Peace Prize for agreeing to end World War II…

Former President Bill Clinton received the first Advocate for Change award at the GLAAD Awards in Los Angeles over the weekend. Clinton, who uniquely appears to be immune from ever being held accountable for his mistakes and misconduct, was honored by the LBGT advocacy organization for opposing a ban on same sex marriage in North Carolina, and supporting efforts to legalize same sex marriage in New York. In his remarks, Clinton attacked the Defense of Marriage Act (DOMA), which prohibits legally married same sex couples from receiving federal benefits and protections, saying,

“I want to keep working on this until not only DOMA is no longer the law of the land, but until all people, no matter where they live, can marry the people they love. I believe you will win the DOMA fight, and I think you will win the Constitutional right to marry. If not tomorrow, then the next day or the next day.”

What Clinton did not say is that he is 100% responsible for the fact that DOMA is the law of the land, as he is the one who signed it into law in 1996. Nobody held a gun to his head: it was a popular bill in its day, and Clinton—surprise!—was following the polls. He also said at the time that he believed that the law was just.

This inconsistency—GLAAD honoring Clinton with an award for opposing a law he is responsible for inflicting on the gay and lesbian community, and his having the brass to accept it, are the stuff of Onion stories—prompted some at the event to heckle Clinton, shouting, “You signed it!”  I am tempted to cheer this development, but must pause—I object to heckling on civility and fairness grounds. One can rebut speech, but one shouldn’t seek to obstruct it. Yet there are exceptions to every rule, even in ethics. Thus your Ethics Alarms Ethics Quiz for today is this query:

Is it ethical to heckle Bill Clinton under these circumstances? Continue reading

Further Reflections On The Cheerleading Prosecutor (and an Ethics Pop-Quiz!)

"By the way, counselor, nice work last Sunday..."

“By the way, counselor, nice work last Sunday…”

I wrote the post about Ina Khasin, the Fulton County assistant district attorney in the morning yesterday as I prepared for a morning ethics session for new D.C. lawyers, and had not made up my mind about whether there was or was not a legitimate “Cheerleading Prosecutor Principle” by the time I posted it. I returned to my keyboard late in the day to read the comments on the post, and finally had a chance to consider the issue carefully, benefiting from the varying perspective of the commenters. My conclusion is that for a prosecutor to indulge herself by moonlighting in a high-profile, frivolous and cognitive dissonance-generating activity like NFL cheerleading is not only weird (Ick!) but also irresponsible, and yes, unprofessional.

I’m pretty sure I’m right, too. Continue reading