Here’s A Solution To Five Guys’ Legal Problem: Stop Deceiving Customers

Hot Dog

Darren Smith, one of the less-circumspect guest-bloggers that law professor Jonathan Turley inexplicably entrusts his blog to on weekends, wrote a post critical of Washington State for a law criminalizing the advertising of food as “Kosher-Style” when it is not, in fact, kosher.

Maybe he’s just a big fan of the offending restaurant chain he highlights, Five Guys, and is thinking with his stomach. Otherwise, he has no excuse for essentially giving a pass to intentional misrepresentation and fraudulent advertising as “no big deal.” Smith writes:

“Your author visited a Five Guys restaurant in Washington and did note that the “Kosher Style” hot dogs are cooked on the same grill as the beef, which would be a mixing of kosher and non-kosher foods in the making of the end product….The company has made an effort, on the company website at least, to note that these hot dogs are in the style of kosher and not actually kosher, but this might not be enough in Washington….There are numerous examples of products in the U.S. economy that use the word “Style” to declare that the food product is not actually as pure as might be expected of a product marketed without the word “Style”. Some examples might be “Artisan style breads” or “Honey style sauce” and do not necessarily break Washington’s, other states’ or Federal consumer protection laws. Yet Washington’s legislature decided that “style” was not enough with regard to differentiating kosher foods with non-kosher. It is either Pure or Not-Pure, and criminalized violations….It is certainly difficult to operate a business in numerous states having often greatly varied laws and administrative codes and when serving something as ordinary as a hot dog might possibly constitute a crime; it can make any business worry. Five Guys likely just wants to provide a menu its customers enjoy.”

Elsewhere in the article, Smith acknowledges that for certain religions eating non-kosher food can be “quite significant,” yet he pooh-poohs the effort of Washington legislators to stop establishments like Five Guys from using deceitful language to suggest that food is kosher when it isn’t. Disclaimers on websites and even menus come under the category of “fine print,” like “results not typical” in diet aid ads. Here’s a useful ethics tip: if you have to explain why your misleading description isn’t really misleading,  a) it’s misleading, and b) you know it. All Five Guys has to do to take itself out of legal peril is to stop misleading its customers. Smith, however, thinks the problem is the law. Continue reading

Scott Esk, The Tea Party, And Leon Festinger’s Warning

Ignore Leon at your peril, Republicans!

Ignore Leon at your peril, Republicans!

A Texas Republican, using my least favorite rationalization (#22. Comparative Virtue, or “It’s not the worst thing”)  to excuse the party’s intentionally insulting anti-gay platform, could argue, “Hey! At least we don’t want gays to be stoned to death!”

True. That would be the position of Tea Party candidate for the Oklahoma state Senate, Scott Esk.

In a Facebook exchange last year, Esk indeed endorsed, without espousing, killing gays:

“That [stoning gay people to death] goes against some parts of libertarianism, I realize, and I’m largely libertarian, but ignoring as a nation things that are worthy of death is very remiss…I never said I would author legislation to put homosexuals to death, but I didn’t have a problem with it.”

Contacted by Oklahoma magazine to clarify his remarks, Esk did indeed, saying:

 “That was done in the Old Testament under a law that came directly from God and in that time there it was totally just. It came directly from God. I have no plans to reinstitute that in Oklahoma law. I do have some very huge moral misgivings about those kinds of sins…I know what was done in the Old Testament and what was done back then was what’s just. … And I do stand for Biblical morality.”

Before going further, I have to give Esk integrity points for not claiming that he was taken out of context or misunderstood. He was honest, he accepted responsibility for his words, and he didn’t try to “walk back” his statement, as is the current fashion among all the Washington politicians we should not trust. His courage and candor are admirable.

If only he weren’t a hateful, ignorant fool. Continue reading

Ethics Dunces: The Idiot Who Pretends To Be Barack Obama On Twitter, Plus The Idiot Who Hired An Idiot To Pretend To Be Barack Obama, Plus The President, Who Apparently Doesn’t Know Or Care That He’s Being Impersonated By An Idiot

ahistorical tweet

Let’s begin with the basics:  it’s unethical for the President to lend his name and office a Twitter account that purports to send out messages from him when in fact he neither sends out the messages nor approves them. It’s also stupid, and it’s unethical because it is stupid. A President’s credibility must be protected, by him and everybody else. If Obama isn’t sending a tweet, he shouldn’t permit an official tweet to go out that suggests otherwise. “Everybody” knows Obama isn’t sending the tweets, you say? If so, then why do so many Twitter users follow Fake Obama? Whether they believe it is him or not, he implicitly endorses and approves whatever is tweeted under his name. He is responsible.

From this follows the next point: it is irresponsible to hire a grade school drop-out to represent the President of the United States on the internet. Stating that Neil Armstrong walked on the moon in 1963 isn’t a typo: this was embodied in a graphic, and requires deep, frightening historical ignorance. I wouldn’t expect the President to have time to oversee this kind of petty operation, especially since he can’t find the time to oversee the I.R.S., the N.S.A, the V.A., the Secret Service, the Armed Services, or the Justice Department, all of which he should be holding to some standards of competence. I would expect, however, that whoever that supervision is delegated to would understand that making sure POTUS isn’t made to seem like Jessica Simpson on Twitter is paramount. I would also expect that the President himself would want to exert some effort to control the words others place in his mouth, as that would be the smart, responsible, professional and presidential thing to do.

But that is obviously expecting too much.

_____________________________

Pointer: Instapundit

Source: Ed Driscoll

Ethics Dunces: The Republican Un-Tweeters

"Ha! They'll NEVER find it now!"

“Ha! They’ll NEVER find it now!”

Several Republican politicians leapt on the “Welcome Home Bowe!” bandwagon without bothering to a) learn the details and more importantly to them, sadly, b) gauge the reaction of their constituents, contributers and supporters.  Thus they tweeted praise for his release, perhaps echoing Obama’s designated liar Susan Rice’s unsupported assertion that he has served with honor, or evoking the Administration’s now discarded spin that he was a hero. When the transaction was revealed to be an utter botch by the Obama Administration (but I repeat myself), and the GOP officials realized that it would be partisan feeding time in the  shark tank, these brave public servants had neither the forthrightness to admit their errors, if errors they were, nor the courage to face the consequences.

Nor, unfortunately for them, the technological savvy to realize that trying to cover up what you put on the internet doesn’t work.

And makes you look like an untrustworthy sneak.

The Sunlight Foundation has a service called “Politwoops,” which collects elected officials’ tweets and makes them available if they are deleted in an effort to remove feet from mouths. It uncovered this, from Republican Senator Thad Cochran…

 

Bergdahl tweet2

and this, from GOP Congressman Jim Renacci… Continue reading

Ethics Quiz: The Sensitive Cop’s Facebook Confession

sensitive cop“If there was any time I despised wearing a police uniform, it was yesterday at the Capitol during the water rally. A girl I know who frequents the Capitol for environmental concerns looked at me and wanted me to participate with her in the event. I told her I have to remain unbiased while on duty at these events. She responded by saying, ‘You’re a person, aren’t you?’ That comment went straight through my heart!”

Thus did Douglas Day, a police officer at the West Virginia Capitol in Charleston, confess to Facebook friends his mixed emotions while doing his duty.

For this he was fired.

The day Day wrote his Facebook post, Capitol Police Lt. T.M. Johnson told him  that the post “shows no respect to the department, the uniform or the law enforcement community which he represents.”  About a week later, Sgt. A.E. Lanham Jr. wrote to Day that he “found the entire [Facebook] posting to be extremely offensive and shocking … This is just another episode of many incidents which show his bad attitude and lack of enthusiasm toward police work in general and toward our department in particular.”

Day was thunderstruck. “If they believed there was some sort of a violation I made, then why wasn’t it addressed? They never brought me in and never said anything to me,” Day said. “In 2½ years working there, I had no disciplinary action taken against me at any time. Nothing was ever written up and I received no reprimands.” So much for the “many incidents.” Continue reading

Michelle Obama’s Hashtag Mini-Train Wreck

mo_selfie_lg

The debate over Michelle Obama’s ill-advised foray into hashtag diplomacy–itself a misbegotten creature whose birth we will live to regret, if we don’t already–has turned nasty and stupid, and, of course, partisan, with the media, so incapable of objective analysis now that it hurts even to watch it pretend, rushing to defend the First Lady who walked right into this spinning blade, and should have known better.

Some observations and conclusions:

  • When the First Lady, any of them, presumes to wade into policy matters with the force of her husband’s office behind her, he is presumed to approve. When the policy matter involves international diplomacy, which, we hope, is carefully planned, whatever action or statement the First lady makes is indistinguishable from a Presidential action. Would the President of the United States appear anything other than weak and ridiculous if his response to any international crisis was to hold a sign in a photograph for Twiiter and make a frownie-face? No. Therefore, it was damaging to the President, the office and the nation for Michelle to tweet the same, but with her in his place, out to the world.
  • Two analogies, one real and one hypothetical, come to mind. In his short term of office, President Gerald Ford’s major domestic problem was exploding inflation, and he obviously had no idea what to do about it. His “program,” essentially, consisted of publicizing the mantra “Whip Inflation Now!,” most prominently embodied with the infamous “WIN” buttons. Ford was widely ridiculed by this exercise in futile gesture and magical thinking. He deserved it. Michelle’s stunt—it is a stunt—is redolent of Ford’s buttons.

The hypothetical: Imagine if the U.S. and the world’s (disgraceful and ) general policy of contrived ignorance of the Holocaust prior to our entering World War II was addressed by FDR having his “legs,” Eleanor, pose for a photo as she held up a sign reading “Save the Jews”…and frowning. Continue reading

Unethical Quote Of The Week: Tina Brown

“The Monica Lewinsky confessional in Vanity Fair brings back a torrent of unfond memories of the appalling cast of tabloid gargoyles who drove the scandal. Remember them? Treacherous thatched-roof-haired drag-queen Linda Tripp, with those dress-for-success shoulder pads? Cackling, fact-lacking hack Lucianne Goldberg, mealy-mouthed Pharisee Kenneth Starr—the whole buzzing swarm of legal, congressional and gossip industry flesh flies, feasting on the entrails. And, of course, hitting “send” on each new revelation that no one else would publish, the solitary, perfectly named Matt Drudge, operating in pallid obsession out of his sock-like apartment in Miami… They were the face of the future. The things that shocked us then—the illicitly taped conversations, the wholesale violations of elementary privacy, the globally broadcast sexual embarrassments, all the low-life disseminated malice—is now the communications industry as it operates every minute of every day.”

—-Daily Beast publisher Tina Brown, in an essay titled “How Monica Lewinsky Changed the Media”

Tina Brown, revealing the ugliness beneath...

Tina Brown, revealing the ugliness beneath…

This is an unethical statement for the ages. It launches an dishonestly titled piece with an unethical premise and unethical motives, virtually every phrase in it is despicable, and it reveals the dearth of admirable values not only within Brown, but within the millions of people who think like her, many of whom she and her cohorts corrupted.

In Abby Mann’s important drama, “Judgment at Nuremberg” (it had three forms of presentation: TV drama, film, and finally, stage), based on the third and final stage of the post World War II war crimes trials devoted to trying the Nazi judges, a vulnerable female witness and victim of Nazi justice is harshly cross-examined about an infamous case at the heart of the trials. Her humiliation is interrupted when one of the defendant judges (in the film, Bert Lancaster), stands to halt the inquisition, asking, “Are you going to do this again?”

The answer clearly coming from the Bill and Hillary Clinton Ethics Amnesia Team is clearly “Yes! It worked before, why not now?”

Monica was responsible for the whole impeachment train wreck, you see, and all that followed. That was Hillary’s position (once the original cover lie that it was all the fabrication of a vast right-wing conspiracy became unsustainable, with that stained dress and all), and as outrageous and audaciously despicable as it is, that it is still what the corrupt, corrupted and corrupting supporters of these two Machiavellian blights on our culture and politics are determined to make Americans believe, no matter how much bending of history, facts, logic, fairness, decency and responsibility it requires. Continue reading

HGTV And Corporate Cowardice: Hold Companies Accountable For Stifling Speech, Opinion, And Thought

"Remodeling Homes, and Wrecking Democracy"

“HGTV: Remodeling Homes, and Wrecking Democracy”

Once again,  a company that is in effect punishing an American for his or her views on a complex social or political issue is being excused as simply “watching out for the bottom line.” This time, it is cable network HGTV, which cancelled a planned cable show about home repair because one of the prospective stars expressed an opinion adverse to gay activists. Last week, it was the NBA; before that, the agent of activist vengeance was Mozilla, and before that, A&E, until it decided that it was more profitable to do one “right thing” (not punish the duck call eccentrics for being open about who the network and its viewers always knew they were) rather than what it had decided earlier was the “right thing” (“STONE THE BIGOTS!!!”). None of these profit-making organizations are the least bit interested in what is right or wrong, of course, and probably don’t give the ethical implications of their acts a moment’s thought. All they are worried about is money, and what they will grandstand as their “principled decision” will always, amazingly, coincide with whose bullying tactics are more likely to succeed. Continue reading

On Lawyers, Jerks, and Ethics Blog Comment Malpractice

Marilyn Ringstaff, an excellent and much-admired lawyer who has a some friends who need to learn how to write ethical blog comments...

Marilyn Ringstaff, an excellent and much-admired lawyer who has friends who need to learn how to write ethical blog comments…

In 2011, I posted this story and commenary:

Marilyn Ringstaff, a 2006 graduate of John Marshall Law School, had to pay a $250 fine as a result of a minor traffic accident when she was a first year law student. She represented herself in court, challenging Abe Lincoln’s rule that “If you represent yourself you will have a fool for a client and a jack-ass for a lawyer,” and then proved Abe correct—on both counts— when she argued on appeal that her own representation was ineffective.

Ringstaff paid the fine and sent along an obnoxious note with two smiley faces, reading, “Keep the change—put into a police/judicial education fund. I can certainly say this has been an educational experience. I am now a second-year law student and can honestly relate to what a crooked and inequitable system of ‘justice’ we have.”

Georgia’s Board to Determine Fitness of Bar Applicants took offense, and recommended that she should not be allowed to take the bar exam. It cited the note and her defense tactics, along with comments Ringstaff made during an informal board interview that “every police officer lies.”

The Georgia Supreme Court rejected the board’s conclusions, and Ringstaff’s path to a legal career is unencumbered. I agree with the opinion. Her snottiness and arrogance are hardly out of character for many in the legal profession, and at least there is a chance that she will mature, improve, and learn from this close call. More likely of course, is that a profession with more than its share of jerks just embraced another one. Continue reading

Unethical Quote Of The Month: Judge Jeanine Howard (Who Is Also The Incompetent Elected Official Of The Month, An Ethics Dunce, And Pretty Much A Blight On The Justice System And American Society In General)

judge Howard

“There are rape cases that deserve life. There are rape cases that deserve 20 years. Every now and then you have one of those that deserve probation. This is one of those and I stand by it.”

—-Texas District Judge Jeanine Howard explaining her stunningly lenient sentence of probation and community service—“250 hours of community service at a rape crisis center” !—for a confessed rapist of a 14-year old girl at her school.

The sentence  was not merely lenient but probably illegal, and a it seems likely that the sentence will be altered by another judge. Nonetheless, this kind of result, based on the judge’s assessment that the victim was promiscuous and had been pregnant (which she denies) will certainly make other rape victims think twice before they report the crime. Bobby Villareal, executive director of the Dallas Area Rape Crisis  Center, told reporters…

“This is an example of why people don’t come forward and report their sexual assaults because they are not only victimized at the time but the continuing game of shame and blame. They are put on trial again in the judiciary and the media. The things that were said were outrageous and some of them were actually untrue that were reported.”

Judge Howard seemed to be making up the law and sentencing guidelines on the fly. The rapist, 20-year old Sir Young, never denied that he had raped the girl, or that she hadn’t strenuously told him to stop. “Consent is not an issue and it wasn’t an issue because he admitted he didn’t have her consent,”  prosecutor Andrea Moseley said. “When consent is not an issue, a victim’s past is never appropriate for comment. That’s my problem with it as a woman and as a prosecutor. I was certainly disappointed in the message I think it sends to the community.”

The community can send a message back, as Judge Howard is up for re-election in the fall, but it won’t be easy. A Democrat, she is running unopposed. Continue reading