Dear Political Blogs: Be As Partisan As You Like, But Don’t Make Your Readers Stupid

It's a coincidence that Monsanto had the better legal argument each time, yes. Is that what you mean?

It’s a coincidence that Monsanto had the better legal argument each time, yes. Is that what you mean?

It pains me greatly when a Facebook friend (and real friend too) posts something from a right-wing or left-wing website that is ignorant and misleading, as if she has something enlightening to share. Then I am forced to point out that 1) the post was written by someone pretending to have knowledge he did not; 2) those agreeing with him and assuming he had a valid point are hanging out with like-minded partisans who reinforce each others’ happy misconceptions, and 3) that the lawyers who cheer on conclusions that can only be explained by the fact that the concluder can’t spell law, much less under stand it. This typically loses two to ten names off my Facebook friends list. Well, too bad. They should be ashamed of themselves.

The case I have in mind: a site called “Forward Progressive: Forward Thinking for Progressive Action”—hmmm, I think it is a progressive site!—attacked Clarence Thomas for his participation in the recent SCOTUS decision in Bowman v. Monsanto. The Court ruled for Monsanto in a patent case against farmers in a matter involving the reproduction of products whose patents have expired. To Dyssa Fuchs, the writer for Forward Progressive in this case, Thomas had a clear conflict of interest and should have recused himself.

She cites the judicial code, she cites the U.S. statutes, she–of course—cites her belief that Monsanto is evil, and of course, like all good progressives, she hates Thomas, who has the effrontery to be both a hard-core conservative and black. The fact is, however, that she has no idea what she is talking about. Thomas had no conflict of interest in this case, nor does he have an “appearance of impropriety” problem because someone determined to prove that he is corrupt doesn’t understand what improprieties or judicial conflicts are, or for that matter, what lawyers do. Continue reading

Evil On The Internet…Unethical Website Of The Month: 4Chan

It's Ebola Chan! Isn't she hilarious?

It’s Ebola Chan! Isn’t she hilarious?

In Ethics Alarms’ continuing effort to bring to you depressing news of awful things you may never otherwise hear about if you are normal, I bring you 4Chan. Maybe you are as late to this sick party as I am.

I was vaguely aware that the site, which essentially hosts anonymous shock posts and hoaxes—meaning that it is a magnet for unethical conduct and the people who think its cool—was behind the initial hacking and posting of those nude celebrity photos earlier this month. It is much worse than that, however. Take this, for example, reported by The Daily Dot…

The absolutely terrible #cutforbieber hashtag became a worldwide trending topic on Twitter on Monday, an unfortunate truth that owes its existence to the perpetually scheming deviants on 4chan.

Long known for their affinity for disturbing, often sexually graphic or violent content, 4chan users schemed the hashtag this morning, when an anonymous poster wrote on notorious Web forum /b/ that community members should “start a cut yourself for bieber campaign.”

“Tweet a bunch of pics of people cutting themselves and claim we did it because bieber was smoking weed,” he or she wrote. “See if we can get some little girls to cut themselves.”

 

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Someone At “Cracked” Has A Good Ethics Alarm

A “Cracked” video highlights four examples of irresponsible, cruel and disrespectful conduct that have been widely cheered on the internet. It is spot on. See for yourself:

The one that most interest me is the first: the Burger King customer who was annoyed at the child whining about wanting an apple pie behind him, so he bought out all of the pies in the store and ate one in front of the kid to teach him a lesson. On a Consumerist poll, less than five percent of respondents thought the guy was wrong.

Game, set, match, “Cracked”:

1. It’s not a bystander’s job to discipline someone else’s child.

2. The guy left the mother to cope with the now thoroughly upset kid, as he walked of with the pies.

3. There might well have been several other customers who wanted one of those pies. Ah, yes, the old shotgun approach, and collateral damage to innocents be damned…

4. This was gratuitous cruelty, excessive for the transgression. What a jerk.

Of course, the story was related on Reddit, and is likely fake. Never mind: the web shouldn’t be applauding unethical conduct. That was Cracked’s point, and also mine.

What I want to know is how I missed this story, which is almost two months old. Or did I just miss one of the e-mail alerts from my invaluable scouts, Alexander and Fred? If so, I’m sorry guys. If not: how did you miss this? You catch almost everything else!

__________________________

Pointer: Tim LaVier

Ethics Quote of the Week: Ken White of Popehat

First Amendment“…Our freedoms are recognized or denied based on court rulings. Our understanding of those court rulings often derives from media coverage of them. When we do a lousy job of covering law, or when we put up with journalists doing so, we’re doing a lousy job as citizens.”

—-Attorney-Blogger Ken White, after meticulously exposing how the media, old and new, completely misrepresented a Texas court’s striking down  an overly broad statute as protecting “upskirt” photographs.

Ken White has delivered another masterpiece, expertly debunking the news media’s criminally ignorant analysis of a Texas Court opinion. I must admit, when I saw the headline “Texas Court: Ban on ‘Upskirt’ Photos Violates First Amendment Rights” and its ilk around the web, I just assumed that reporters were being sensational and dumb as usual, and moved on to other things. Thank goodness Ken was on the case, and properly flagged the danger in lawyers reacting this way. We have a tendency as a profession to think, “Well, there they go again, completely misunderstanding the law, poor dears” when we should be working overtime to set the record straight. I admonish my seminar attendees for doing this regarding the public’s distorted view of legal ethics, and fell into the same trap myself.

Ken’s dissection of the flat-out wrong reporting on this case is frightening: it is clear that most reporters are incapable of understanding what court opinions mean, yet there they are, writing nonsense and making the public more ignorant, not to mention making them think taking upskirt photographs is legal and constitutionally protected.

Counselor White has had a busy year that has kept him from providing his usual volume of daily enlightenment. He is back in top form, and we should all be grateful.

 

Americans Opine On Abortion: Thank You, USA Today, Now I Know Why We’re Doomed

Blindfolded-People

USA Today fashions itself as the newspaper of the average American, and it may well be true. Especially since its redesign, it contains less substance than a single section of the New York Times, pedestrian writing, and mostly bite-size features designed for an audience with an attention span that finds fortune cookies challenging. Every now and then, however, a bit like Family Feud, USA Today’s proud low brow style yields valuable insight. Yesterday’s feature on abortion was such an instance, as the paper gathered reader comments on its Facebook and Twitter locales for America’s opinion regarding Missouri’s new mandated three-day waiting period for women seeking an abortion.

Now that I have reviewed the responses, it all makes sense to me now, and I think I know where we are headed. Oh, there is no valuable insight regarding the measure or abortion among the comments. What is revealing is that among all the responses chosen by USA Today, not single reader could manage sufficient objectivity and critical thinking to produce  well-reasoned, fair, thoughtful insight regarding a public policy issue that demands measuring and balancing interests, values,  and outcomes, the essence of ethical decision-making. Not one.

Here they are, with my comments in bold: Continue reading

I Don’t Believe It! Rep. Mark Sanford (R-SC) Betrayed Someone Who Trusted Him? NO!

SANFORDSignature significance. It is the one act that shows that “anyone can make a mistake” is the confounding rationalization that it is. For there are single instances of bad conduct that tell you everything you need to know about someone’s character. If, for example, a state Governor disappears, leaving his aides to lie that he’s “hiking,” when he really is AWOL and cheating on his wife with his “soul mate” in South America, this is signature significance. This man can’t be trusted, and its a good bet that he’s not playing with a full deck, either.

I am speaking, of course, about Rep. Mark Sanford, once the Governor of South Carolina. His tenure in that high office was a casualty of his being stricken with overwhelming amorous feelings for Argentine beauty Maria Belen Chapur, who, he said, was the love of his life. The previous love of his life, Sanford’s wife, was understandably bitter, but not the forgiving, absurdly gullible voters of South Carolina, who after waiting a couple of years, allowed Sanford back into a position of power over their lives, electing him to the House of Representatives.

The fools! Continue reading

Ethics Quiz: SheTaxis

In Great Britain, SheTaxis also offers female drivers only , but apparently with a different market in mind....

In Great Britain, SheTaxis also offers female drivers only, but apparently with a different market in mind….

If a white customer doesn’t feel comfortable with a black taxi driver, that’s bias. If a Christian customer doesn’t want to give his business to a Muslim driver, that’s bigotry. If a white cabbie refuses to pick up a black man looking for a ride, that’s racism. And if a woman insists on only female cab drivers, who in turn will only pick up women, that’s…SHETAXIS!!!

From the New York Times:

A new livery service starting Sept. 16 in New York City, Westchester County and Long Island will offer female drivers exclusively, for female riders, according to its founder. It will take requests for rides through an app, and dispatch drivers sporting hot pink pashmina scarves.

“The service will be called SheTaxis — SheRides in New York City because of regulations barring it from using “taxi” in its name — and aims to serve women who may feel uncomfortable being driven by men, or who simply prefer the company of other women. The app will ask potential riders if there is a woman in their party. If not, they will be automatically redirected to other car services.”

Your Ethics Alarms Ethics Quiz for today is:

Is this ethical…

a) for customers?

b) for the service?

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Ethics Dunce (Tip-Shaming Division): PYT Burger Restaurant and Bar

tip shaming

Tip-shaming over social media is despicable. This example is unusual, as for once it is the owner, not a waiter, doing the deed.

It’s still wrong.

PYT is a hamburger restaurant in Philadelphia. The owner apparently decided to take a stand for a poorly tipped server, because the customer was Philadelphia Eagles running back LeSean McCoy. According to the receipt,  McCoy left a twenty cents gratuity on a bill of $61.56.

Usually the public will side with the tip-shamer even when they shouldn’t, but McCoy is a local sports hero, so the restaurant is getting its buns flame-broiled on the net. (Though actor Charlie Sheen, who apparently has nothing better to do and wouldn’t know an ethic if it took up lodging in his nose, “pledged” $1000 to the supposedly abused waiter. File this one under “PR Grandstanding” …this like John D. Rockefeller handing out dimes to street urchins.) Thus the joint’s owner, Tommy Up, took to Facebook to explain why he set out to embarrass McCoy, writing in part… Continue reading

The NCAA Withdraws Its Unethical Sanctions On Penn State

Paterno  Statue

To clear our palates of the nasty aftertaste from the welter of Ethics Train Wrecks crashing though our skulls of late, I thought it might be calming to note the latest settling of the wreckage from one of the worst ETW’s of them all: the Jerry Sandusky-Joe Paterno-Penn State Express.

Yesterday, the NCAA prematurely lifted its remaining sanctions on Penn State, deceptively declaring a victory and retreating because its sanctions were about to be declared illegal. I’m not going to write as much as I normally would about this, because I’d like to send you here, to Glenn Logan’s blog A Sea of Blue, where he covers the matter superbly. Glenn is a longtime visitor at eEthics Alarms, but his own blog keeps him too busy to comment as often as he once did. Not only is he ethically astute and a fine writer, he also is one of the rare bloggers who engages his commenters on a regular basis, a practice I obviously endorse.

When the NCAA decided to ignore its charter and the limits of its powers to slap Penn State with draconian punishment for conduct that had less to do with college athletics and more to do with the ability of a role model’s ability to corrupt a culture, I called it a capitulation to the mob, and wrote… Continue reading

Janay Palmer’s Ethics Fallacy Cornucopia

horn_of_plenty

I suffer pangs of conscience as I do this to Janay Palmer, who has plenty of other pressing problems, but it you are going to put out a public statement on social media that threatens to melt the ethics alarms of millions, you can’t reasonably expect me to stand by and take it.

Palmer produced this on Instagram in response to the NFL’s bizarre do-over on her husband’s punishment, which combined with his team, the Baltimore Ravens, releasing him as persona non grata, effectively makes Ray Rice an ex-star running back for the foreseeable future:

I woke up this morning feeling like I had a horrible nightmare, feeling like I’m mourning the death of my closest friend. But to have to accept the fact that it’s reality is a nightmare in itself. No one knows the pain that the media & unwanted options from the public has caused my family. To make us relive a moment in our lives that we regret every day is a horrible thing. To take something away from the man I love that he has worked his ass off for all his life just to gain ratings is a horrific [sic]. THIS IS OUR LIFE! What don’t you all get. If your intentions were to hurt us, embarrass us, make us feel alone, take all happiness away, you’ve succeeded on so many levels. Just know we will continue to grow & show the world what real love is! Ravensnation we love you!

Observations:

  • Who is her “closest friend?” Ray Rice, her husband and sparring partner? If your best friend is prone to punch you silly in elevators, I think your relationship either has trust issues, or should have. Does she mean his career, which is what actually “died”? That’s telling, if so, and crassly. Was her best friend really Ray’s 8 million dollar a year pay check? Did that justify standing up for the right of rich, famous celebrities to knock their arm-candy around when they think nobody’s looking?
  • Competence check: like it or not, Janay is in the public eye, and what she has to say right now is likely to be read far and wide. How about having someone literate check out your screed before reminding us again what a cheat the public school system is?
  • Janay’s husband beats her unconscious, she lets him get away with it and sends the message to women trapped in abusive relationships that security and a ring is worth the occasional black eye, and her position is that Rice’s demise is the fault of the media and the public? Let’s go to the videotape, shall we?

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