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?

Continue reading

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?

Continue reading

Knock-Out Punches, Murder and Political Correctness Bullying: Let’s Play “SPOT THAT DECEIT!”

Game show set

I am fascinated by deceit, and not just because I live near Washington, D.C., where it is the official tongue. It is fascinating because deceit is often the most effective kind of lie, tricking a listener or a reader  using their own assumptions, desires, misplaced trust or inattentiveness against them by stating a literal truth to imply an actual falsehood. Most of all, deceit is fascinating because so many people, including those who employ it habitually, think that it isn’t a lie at all.

This morning I found three wonderful examples of deceit, brought to our attention by three distinguished bloggers, so let’s play the challenging, exciting and never-ending game that’s sweeping the nation…

Spot That DECEIT!

Let’s warm up with something easy…

1. The NFL Deceit

Law prof-blogger Ann Althouse found it difficult to believe that the NFL hadn’t seen the videotape showing Baltimore Ravens stat Ray Rice knocking out his fiancee with a well-aimed punch before it gave him his first, absurdly light punishment, though the official spokesperson yesterday said…

“We requested from law enforcement any and all information about the incident, including the video from inside the elevator.That video was not made available to us and no one in our office has seen it until today.”

OK, audience…

Spot That DECEIT!

Continue reading

Ethics Dunces: Blindly Partisan and Hateful Website Commenters

argument

I just learned that CNN closed its online message boards. I understand why, and no, it was not a move designed to stifle the increasing volume of anti-Obama comments, as some have suggetsed. I have been thinking about writing about this for a while, and the CNN move is an ideal opportunity.

The discourse on most news aggregator websites and news sites is beyond abysmal and uncivil: it’s an embarrassment to the nation. On such sites as CNN, Mediaite, The Daily Beast, The Daily Caller, Politico and others, virtually every thread follows the same, sad, pointless, idiotic path. Maybe there are a few substantive comments, then someone makes a cheap partisan crack, followed by an exchange of increasingly nasty comments based on familiar talking points from the right or the left, then, finally, name-calling, often with a racist, sexist or homophobic tone.  If you have the patience to wade through the crap, a thoughtful comment may sneak in, but who has the time or patience, or utter emptiness of life to do the wading? Here is a section from the middle of the comments on this Mediaite story…this one was about Bill O’Reilly being critical of Obama’s handling of ISIS, but honestly, the subject doesn’t matter much,. All the threads read the same way. Eventually every one gets around to someone insulting Obama, and immediately an Obama defender will mention Bush, who was, I should note, President six years ago, but I digress: Continue reading

Dunces, Heroes, and Fools In The Wake Of The Great Nude Actress Hack

Perez Hilton Yecch.

Perez Hilton
Yecch.

You should know by now that about a hundred actresses have had their nude photographs hacked from private accounts and posted for the world to drool over. As is often the case in such incidents, the ethical instincts, or lack thereof, of various individuals have been exposed in the wake of the event:

Ethics Dunce: Perez Hilton.

No surprise here: Hilton, a web gossip columnist and a different species of hack than the ones at issue, showed himself to have dead ethics alarms. After eagerly posting the uncensored photos  of Victoria Justice and Jennifer Lawrence on his celebrity gossip blog, Hilton was condemned far and wide on social media, so he first proved he didn’t get it by keeping up the photos but censoring the women’s naughty bits, and then taking them down entirely, explaining that “At work we often have to make quick decisions. I made a really bad one today and then made it worse. I feel awful and am truly sorry.”  Continue reading