The Internet

Unethical Website Of The Month: Ranker

/ Jack Marshall / 54 Comments
"One of these things is not like the others..."

“One of these things is not like the others…”

Lists, especially stupid celebrity lists (Worst plastic surgery…Most overpaid…Actors with famous siblings…Actresses with high IQs) are a staple of the internet, and there are sites like Cracked (which does them well), Buzzfeed (which occasionally does) and Bleacher Report (which is sloppy unless it is doing lists of hot women, in which case it is just undiscriminating) that often appear to do little else. That’s fine; everything on the web doesn’t have to be edifying, profound or useful. Still, there are some basic rules of competence and responsibility even in list-making on the web. One is that as with any conduct involving the conveyance of information, do your homework and don’t mislead readers or  create misconceptions.

Another is that when you are dealing with individuals to whom you owe your nation’s very existence and who are as superior to you as a human being as you are to an anteater, show some damn respect.

Ranker, a second tier list site apparently operated by junior high school drop-outs (but whose lists are “recommended” by more respectable and heavily trafficked sites like Mediaite and The Daily Beast) failed these two essential principles with their offensive list, “33 Celebrities Who Have Killed People,” introduced with this:

“…Many celebrities were involved in tragic accidents that resulted in deaths, while others committed cold-blooded murder. Some celebs have served time in prison stemming from convictions, and others have gotten away with murder; sure, maybe they were wrongly accused, or maybe they just had great lawyers. Several famous people were involved in deadly car accidents. Former First Lady Laura Bush missed a stop sign and slammed her car into another vehicle, accidentally killing her friend who was driving the other car. She was in high school at the time of the accident. Other celebs who killed people in car accidents include Keith Moon, Ted Kennedy, and Rebecca Gayheart. What do you think about all the celebrities who have killed someone?” Continue reading →

The Fifth Annual Ethics Alarms Awards: The Worst of Ethics 2013 (Part Two of Three)

/ Jack Marshall / 24 Comments

Snowden

The Ethics Alarms review of a truly disheartening year in ethics continues with fallen heroes, ficks, fools and follies with Part Two of the 2013 Worst of Ethics awards….and there’s one last section to come. Be afraid..be very afraid:

Fallen Hero of the Year

Edward Snowden, whose claim to civil disobedience was marred by his unwillingness to accept the consequences of his actions, whose pose as a whistle-blower was ruined by the disclosure that he took his job with the intention of exposing national secrets, and whose status as a freedom-defending patriot lies in ruins as he seeks harbor with not only America’s enemy, but a human rights-crushing enemy at that. The NSA’s over-reach and mismanagement is a scandal, but Snowden proved that he is no hero.

Unmitigated Gall of  The Year

Minnesota divorce lawyer Thomas P. Lowes not only violated the bar’s ethics rules by having sex with his female  client…he also billed her his hourly fee for the time they spent having sex , a breach of the legal profession’s rule against “unreasonable fees.” Yes, he was suspended. But for not long enough…

Jumbo Of The Year

(Awarded To The Most Futile And Obvious Lie)

Jumbo film

“Now, if you had one of these plans before the Affordable Care Act came into law and you really liked that plan, what we said was you can keep it if it hasn’t changed since the law passed.”

—–President Obama

2013 Conflicts of Interest of the Year Continue reading →

The Fifth Annual Ethics Alarms Awards: The Worst of Ethics 2013 (Part One)

/ Jack Marshall / 30 Comments

This is the first installment of the Worst.  It says something, and not something happy, that this segment of the year-end awards are more than twice as voluminous, and far more competitive, than the “Best” of 2013 ethics. Well, nobody said it would be easy….

Ethics Train Wreck of the Year

trainwreck

Obamacare, a.k.a Affordable Care Act. This is quite an achievement, as there were at least two other three Ethics Train Wrecks rolling along in 2013 that would have been easy victors in a less horrible year. One of them, The Trayvon Martin- George Zimmerman Ethics Train Wreck, was last year’s winner, and still wreaked ethics carnage across the culture, thanks to Zimmerman’s trial (which never should hev been brought), the biased media coverage, the incompetent prosecution, the inept judge, and then afterward, the ignorant and/or racially motivated attacks on the jury for doing its job well and fairly against overwhelming odds. Yet as bad as this hangover from 2012 was, the Sandy Hook Ethics Train Wreck was arguably even worse. The news media decided to go Soviet and abandon all pretense of objectivity, essentially becoming an Obama Administration propaganda tool for gun control. Elected officials lied their heads off; so did the aroused NRA. Gun owners talked and behaved like they were about to be Gulaged. Legislators shamelessly used the grief of victims to stampede public opinion; children became props; fake statistics were everywhere; brain-damaged Gabby Gifford was programmed to read child-like messages as if they were the conclusions of research papers. The President’s total lack of political leadership skill again came front and center, then, when he had failed to do what he promised to do, the opposition was vilified by celebrities like Jim Carrey, who called them murderers and worse.

But the Affordable Care Act lapped both of these. It revealed itself to be a five-year long train wreck that just took a break after an earlier stretch where the bill was passed without due diligence by its supporters and using a cynical by-passing of due process. A Presidential lie intentionally devised to deceive the public was repeated for the five-year span, and then exposed when the law began to take affect….but not before the law inspired Republicans to force a reckless and irresponsible shut-down, a mini-train wreck within the train wreck.  The website debacle was initially spun by the news media (not working worth a damn isn’t a “glich”), then the evidence of near criminal ineptitude became impossible not to report. The indisputable evidence that the President of the United States had sold a program under false pretenses came to light, prompting dozens of politicians, bloggers, pundits and reporters to destroy their credibility forever (I hope) by desperately trying to either rationalize the lie ( “the ends justify the means”), call it something other than what it was (The New York Times’ disgraceful “incorrect promise” was one low point), or simply deny that it was a lie at all (Democratic Chair Debby Wasserman Schultz, setting a new low for personal dishonesty, itself an achievement in her case). Then, when the public pressure and political fall-out became unbearable. the President just began amending the provisions of his own law on the fly, except that it was the nation’s law, and it’s unconstitutional to do that—this, after the mantra from Democrats and the news media during the shut-down debate was that the ACA was “settled law.”  HHS Secretary Sibelius misled Congress, the White House denied that her stated goals were goals once it was obvious they wouldn’t be met; and nobody was held responsible for yet another Obama Administration debacle. And there’s a lot more, with the train wreck still moving at top speed.

Fraud of the Year

Iowa State University biomedical sciences assistant professor Dong-Pyou Han, who resigned after admitting he tainted blood samples to get desired outcomes in research animals, allowing him to claim a break-through in the effort to develop an AIDS vaccine. The National Institutes of Health had awarded Han’s research team $19 million in multi-year grants.

Incompetent Elected Officials of the Year

  • Elected Body (National): House Republicans, who staged a wholly useless, expensive and damaging government shut-down on “principle,” without ever articulating what that principle was sufficiently for anyone responsible to agree with them. Runner-Up: The California House Legislature, which passed a law allowing illegal aliens to practice law.
  • National Elected Official:  President Obama.  From being incapable of working with Congress, to refusing to fire incompetents, to not knowing what was going on in his own administration, to drawing red lines he wasn’t willing to defend (and then advocating killing people just to show he was willing to defend them), to undermining the trust and faith in both his office and himself by uttering unequivocal lies, President Obama had one of the worst years of self-inflicted miscalculations, errors, failures and reversals of any U.S. President in history. I’m sorry to have to say it, but it’s true.
  • Local Elected Official: Storey County (Nevada) Assemblyman Jim Wheeler (R). Wheeler told a group that if his constituents demanded it, he would vote (with a heavy heart)  to reinstate slavery, as he felt doing so would be his duty as a representative. Runner-up: Maryland House of Delegates Member Don Dwyer (R), who after a drunk driving and drunk boat piloting episode, the latter injuring several people, blamed his conduct in part of feeling betrayed over his colleagues approval of gay marriage in Maryland.

Sexual Harasser Of The Year Continue reading →

Comment Of The Day On Civility And Blog Moderation Ethics, By Ampersand

/ Jack Marshall / 100 Comments

civility sign

It doesn’t really matter what post generated this Comment of the Day (it was the one about Melissa Harris-Perry’s second try at apologizing for inciting her guests to treat Mitt Romney’s adopted black grandchild as the human equivalent of spinach on a fashion model’s front teeth—further ethics developments: Mitt Romney was as gracious as one can be yesterday while accepting Harris-Perry’s mea culpa, and the clueless Alex Baldwin griped that she kept her MSNBC job by playing the weepy girl card, while he was sacked after his umpteenth public meltdown over a paparazzi), because it is off-topic. Ampersand, a.k.a. Barry Deutsch, and I have been fencing about the proper level of invective that should be permitted on blogs like Ethics Alarms and his blog, Alas!.

I take the topic very seriously, as does Barry, because we are both trying to build and maintain an enlightened and diverse community of serious readers and participants in ongoing discussion of serious topics. Barry’s blog is an ideological one; Ethics Alarms, despite being alternatively called on the carpet for being tilting either conservative or liberal, is not. Beyond question, from Barry’s own position on the ideological spectrum, this blog is well to his right. This particular exchange was prompted by complaints by some commenters that my moderation is too loose, that I should censor particular words or eject commenters here who engage in harsh personal denigration. I remain in flux on this problem.

It is true that I have moderated my moderation in recent months, though not as much as some people think. I still bar some commenters, and frequently refuse to accept comments that are nothing but name-calling, as well as those which are objectively moronic. But it is true that regular contributors here who have demonstrated serious intent and valid commentary acquire the privilege of going off the rails, civilly speaking, from time to time. I wish they wouldn’t do it, but despite my belief that civility is critical to societal harmony and professional conduct, I am persuaded that routinely filtering out the passion expressed by vulgarity (and worse) may go too far. I have also been influenced by the recent escalation of political correctness, especially in the media, epitomized when a CNN host announce that the verb “target” was no longer considered appropriate on TV—a threat, don’t you know.

Another factor in my thinking was Popular Science’s decision in September to ban online comments to its articles, rooted in its conclusion that research had proven that aggressively worded contrary opinions could be psychologically persuasive, and were thus “bad for science.” I don’t like the looks of that slippery slope at all.

  I explained my evolving thoughts on the issue in the earlier replies to Barry  and Beth, a commenter here and a personal friend, who has been the target of some of the least civil attacks.  I wrote in part… Continue reading →

Natasha Leggero’s Stand: Protecting The Jester’s Privilege

/ Jack Marshall / 20 Comments

 

"Sing what you like, Fool. Just make sure I laugh."

“Sing what you like, Fool. Just make sure I laugh.”

In days of old when knights were bold, it is said, the King’s Fool was able to safely say outrageous, disrespectful things to the sovereign that might get anyone else drawn and quartered. This lucky exemption came to be known as the Jester’s Privilege, and it existed, and exists, for valid reasons. Humor, satire and all the other permutations of comedy are essential to societal sanity, and it makes sense to give the broadest discretion to practitioners of the craft in their efforts to provoke laughter—which is, as Reader’s Digest still reminds us monthly, “the best medicine.” That means that comics should not fear decapitation if their inspiration of the moment fails to provoke the desired mirth, or touches an audience member’s sensitive areas. In addition, the jester is sometimes able to expose a truth that will not be reached any other way.

It sounds like a good rule, and it is a good rule, but as with most ethics-related rules, applying it is difficult. Who gets the Jester’s Privilege…only professional comics, or does it apply to amateurs too? What about non-jesters just trying to be funny? “It was just a joke!” is a classic excuse invoked by insensitive and vicious people, including politicians, when they say something outrageous, as they try to use the privilege without a license, and in so doing, make it less effective for the humorists who really need its protection. Not everyone should assume that they have the full armor of the Jester’s Privilege. Mockery and ridicule are too often used as political weapons of targeted destruction.

Should some subjects be exempt from the Jester’s Privilege? The official position of comics, comedians, wags and wits has long been “No,” but even in Ye Olde Days, jesters sometimes went too far, and ended up with their heads on pikes. The problem any humorless king had after doing this, of course, was finding a jester willing to hazard a joke more edgy than “Why did the king cross the road?” For that reason, I think it’s vital that the Jester’s Privilege be strong and a near absolute. The sin that matters is not being funny, which means topics of unusual sensitivity take care of themselves.For centuries, for example, comics imitated and mocked those afflicted with speech impediments, especially stuttering, with big laughs guaranteed. Somewhere along the line, though, Porky Pig stopped being funny. The absence of laughs was enough to retire him; no heads had to roll.

On NBC’s New Year’s Eve show, the following exchange occurred between host Carson Daly, comic actress Jane Lynch and rising comedienne Natasha Leggero:

CARSON DALY: SpaghettiOs on Pearl Harbor Day, they sent out a tweet featuring their mascot holding an American flag asking people to quote “take a moment to remember #PearlHarbor with us.” It offended a lot of people, corporations glomming on to, you know, sentimental American historic traditions, seemingly looking for people in business. It wasn’t good. But you were offended for another reason.

JANE LYNCH: I’m offended because they were referring to SpaghettiOs as pasta.

NATASHA LEGGERO: I mean, it sucks that the only survivors of Pearl Harbor are being mocked by the only food they can still chew. It’s just sad.

Hilarity ensued, as the NBC gang laughed uproariously. Almost immediately, Leggero was getting flamed all over the social media and the wbs for denigrating the Greatest Generation. Steve Martin, I assume, would have humbled himself and apologized immediately, but not Leggero. Continue reading →

Shia LaBeouf, Plagiarism Addict, With Much Worse To Come

/ Jack Marshall / 27 Comments
Shia past and present, with apology...

The child star past and present, with apology…

Actor Shia LaBeouf, known to Disney Channel aficionados as the annoying little brother on “Even Stevens” and to movie fans as Indiana Jones’ son and the Transformers Guy, is so much more, and not in a good way. His rapidly expanding list of reckless and socially-clueless episodes, including the obligatory misconduct behind the wheel of an expensive car, signals that he may be the new Lindsay Lohan, a talented former child-star raised to adulthood without basic life-skills, respect for others, and an appreciation of the difference between right and wrong. This is a tragic scenario that we are cursed to witness again and again—we saw it in 2013 in the increasingly obnoxious and desperate conduct of pop star Justin Bieber. Give a child wealth, power and adulation without first imbuing him or her with values, discipline and humility and what do you get? A menace.

As LaBeouf’s acting career has waned with his growing reputation as an untrustworthy (and sometimes violent) jerk, he has refashioned himself into an aspiring artist. Unfortunately, he lacks some basic traits of successful artists, like integrity and creativity. His inclination, being raised, like most child stars, in an unstable environment by self-absorbed and dysfunctional parents, is to cheat. In 2012, LaBeouf attached his name to three short graphic novels and a webcomic series. This year, we learned that at least two of the graphic novels contained text plagiarized from other writers. Then LaBeouf attached his name as writer to the short film (which he also directed) called “HowardCantour.com,” which was unveiled at the Cannes Film Festival and received some praise there. The  short, about an online film critic, included a strong resemblance to Daniel Clowes’ 2007 comic “Justin M. Damiano,” as well as large sections of dialogue directly lifted from it. No one picked up on the plagiarism until LaBeouf  released his film online.  Continue reading →

Ethics Quiz: “The Penniless Girl” And The Yechhh! Competition

/ Jack Marshall / 9 Comments
"Hey...I'm cute, without shame, ambitious, mean...I could be a reality TV star!"

“Hey…I’m cute, without shame, ambitious, mean…I could be a reality TV star!”

Actress Erin Wotherspoon, 24, lives in Toronto and has an unusual avocation. As she describes it on “A Penniless Girl, Bad Dates and Plenty of Oysters”,

“I’ve got a pretty face & a pretty extensive urban spoon wish list…We all know that getting what you want in life can be tough. Which is why I’ve decided to let someone else finance my dreams. My dream? To eat in pretty restaurants without costing me a penny. You had me at Elk Tartare, lost me at chin strap. Follow me to learn who I screw over, bang and love as I navigate Toronto’s diners, drive-ins & dives.”

Yes, as breezily chronicled on the Tumblr blog, Erin entices unenticing, lonely and hopeful men to feed her at Toronto’s best eateries, then dumps them unceremoniously once the bill has been paid. As her mission statement above demonstrates, she doesn’t see anything wrong with this, despite the fact that it is dishonest, cruel, manipulative and a straight-up violation of both Kantian ethics (don’t use people) and the Golden Rule, as well as a pure as crap example of an ends justifies the means life philosophy. Are some of Erin’s escorts using her as well, essentially buying faux affectionate companionship for the cost of some elk tartare? Oh, surely. Such individuals use their affluence to sully the dignity and integrity of others for a price. The fact that one is being unethical in his dealings with another who is also unethical—mutual users, mutual corrupters—is no justification.

Now, as someone—maybe even Erin—could have predicted, a U.S. reality show producer wants to make a star out of her, and it appears that we may soon be able to watch Ellen dupe wannabe sugar daddies into delicious and free meals weekly.Then she can give an interview to GQ and explain why gays are sinners.

Your Ethics Alarms Ethics Quiz as 2013 winds down to an ethically depressing finale:

Who is more unethical: “the Penniless Girl” or the TV executives who want to make her rich and famous?

For me, it’s an easy call: the reality show purveyors are much worse than Erin. Selfish, deceptive, exploitive conduct is wrong and more harmful to society the more of it we get. Reality shows and the other ways the United States and its media reward terrible conduct—CNN giving Eliot Spitzer his own show, MSNBC doing the same with Al Sharpton, Fox employing sleazy (but famously sleazy!) Dick Morris, and the radio shows for the likes of Ollie North and G. Gordon Liddy come to mind, and now I’m nauseous again—make being unethical (or drunk, or stupid, or pathetic) a ticket to stardom, and even a desirable career path. It isn’t only reality shows, of course. It’s Republicans cheering Phil Robertson as if what he said wasn’t offensive; it’s Joe Wilson getting boat-loads of contributions off of shouting “You Lie!” at the President of the United States; it’s Tom Delay and Kim Kardashian getting gigs on “Dancing With The Stars” for being indicted and making a sex tape, respectively; it’s Kanye West, Miley Cyrus and other pop “sensations” receiving dawn to dusk publicity and inflated recording sales by behaving badly. We stifle liberty and expression by organizing boycotts against those whose conduct is objectively or subjectively offensive, but to reward them for it is courting cultural suicide, and turning the usual process of establishing healthy societal standards upside-down and inside out.

________________________________

Pointer: Fark

Facts: Toronto Sun, Tumblr

Graphic: Toronto Sun

What Do You Do With The Drunken Judge? Media Distortion And Judge Gisele Pollack

/ Jack Marshall / 13 Comments

Broward County (Florida) Judge Gisele Pollack, a recovering alcoholic, showed all the signs of suffering a relapse during her session on the bench two weeks ago, when she abruptly ended the day’s proceedings after an hour and a half that featured the judge slurring her words and acting erratically. She presides over misdemeanor drug court, a program she established shortly after being elected as a county judge.  Her program offenders to have their charges dismissed and their drug records erased after six months of treatment.

After staying away from work for a day, Judge Pollack returned to the bench in the late afternoon, and presided over a courtroom packed with about a hundred drug offenders, along with  their friends and their families. The event marked the completion of rehab for dozens of offenders and the dismissal of their misdemeanor marijuana charges.“You’ve got to remain vigilant,” she told the graduates, emphasizing that they had to work hard to avoid relapses that would  place them back in front of her, and perhaps in jail.

After court, she acknowledged her own health crisis and announced that she was going into an outpatient rehab program. An attorney retained by the judge in the wake of her conduct attributed her relapse to personal issues, telling reporters that she has  “had some severe personal tragedy in her life. Her mother recently passed away, and they were very close. It’s been really devastating for her.” Apparently her son is also suffering from a serious illness. Broward Public Defender Howard Finkelstein, a longtime friend, told reporters, 

“If this causes the people to not have faith and not have trust in what goes on in that drug courtroom, then she will have to step aside,’ he said. ‘My hope is is people will wrap their ever-loving arms around Judge Pollack just as she has wrapped her arms around thousands of people.”

What’s going on here? I think it’s pretty obvious: a recovering alcoholic in a critical position of public trust suffered a relapse, as alcoholics are wont to do. If one is an alcoholic, this is a symptom of a very persistent, pernicious and incurable disease that kills many Americans every year, does horrific damage to families, businesses, governments and the economy, and that is incurable. Being an alcoholic is not an ethical violation for a judge or a lawyer, nor is having a relapse. Allowing that relapse to affect the competent performance of one’s duties, however, is an ethical violation that calls into question a legal professional’s ability to do her job. It could trigger professional sanctions; it certainly should trigger an official inquiry. A Florida judge appearing drunk on the bench, just once, is still a massive ethical breach. It arguably violates the first five Canons of Judicial Ethics a Florida judge is bound to follow… Continue reading →

Curmie’s Back With Arrows Flying! But What Do His Targets Teach Us?

/ Jack Marshall / 2 Comments

archery_target

Rick Jones, known to his web fans as Curmie (short for Curmudgeon), has had a busy year in his day job as a tender of young college-age minds, and his excellent blog was not as active as years past. Just in time for his annual awards for the worst transgressions in the field of education, however, he has returned with a vengeance, exploring at length and with his usual superb ethical instincts several incidents I have not had time to tackle here. Among them…

…and more, including his take, nicely complimenting mine, on Robert Reich’s complaints about how rich people and others choose their charities.

Rick, in one of his posts, makes the oft-heard point that the many awful incidents of miserable judgement and outright misconduct, if not criminal conduct, on the part of teachers and administrators should not be projected on the education profession as a whole, since these are relatively rare. I hear him, but I am not convinced. Continue reading →

Ethics Hero: “Ludo,” Under-Employed Law Grad Blogger

/ Jack Marshall / 8 Comments

True Grit - Reminds me of me

As Rooster Cogburn (John Wayne) says of plucky Maddy Ross (Kim Darby) in the original, and best, film version of “True Grit,” Ludo “reminds me of me.”

Naturally, I admire him.

Ludo is, in his own words, ” a recent law school graduate and aspiring writer from Southern California. He is currently overeducated and underemployed, working two jobs and keeping sane only by writing down the stories of the crazy stuff happening to him.  He is currently working on his first book, a collection of stories from his days driving a taxi in Orange County….” He is beginning to get some publicity thanks to his blog, Law Grad Working Retail, which provides sometimes hilarious accounts of his current existence as an over-educated, presumed automatic admittee to America’s powerful and elite presumably thrust into life the way most of America lives it.

Do not lump Ludo with “Nando” and the other bitter, unemployed or under-employed recent law grads who have had their ire aroused by my observations about them on Ethics Alarms   (also here). He is doing exactly what he should be doing, using his unique talents to open up new opportunities while presenting himself to the world of law and elsewhere as a likely asset. As he writes in a recent post rebutting criticism of his blog… Continue reading →