The Internet

Ethics Check: Sen. Bob Menendez’s Dominican Republic Sex Scandal

/ Jack Marshall / 8 Comments

“…and how could you see him with that gray thing covering your face?”

The Daily Caller is breathlessly promoting this as a sex scandal, so I should let it speak for itself:

“Two women from the Dominican Republic told The Daily Caller that Democratic New Jersey Sen. Bob Menendez paid them for sex earlier this year.
In interviews, the two women said they met Menendez around Easter at Casa de Campo, an expensive 7,000 acre resort in the Dominican Republic. They claimed Menendez agreed to pay them $500 for sex acts, but in the end they each received only $100.”

Assuming that the story is accurate, which we cannot know at this point (if ever), what does it signify regarding Menendez’s fitness to be a U.S. Senator? Well, he didn’t break any laws: prostitution is legal in the Dominican Republic. The Senator wasn’t betraying his wife: he is divorced.

The incident reflects badly upon his character if, as the women allege, he agreed to pay them one fee and stiffed them (poor choice of words, sorry) cheated them by paying them less, with a “take it or leave it, I’m a U.S. Senator” brush-off. That’s truly unethical and mean behavior, and would demonstrate actual contempt for women (as opposed to much of what Menendez’s party has been labeling as such this election season) as well as a penchant for abusing power and breaking his word.

However, the Senator could also be a victim of some women seeking a pay-off after a commercial dispute, or a failed shakedown. Given the uncertainty, I don’t believe it’s fair for this incident to hurt Sen. Menendez’s standing with his constituents or the public, and The Daily Caller was wrong to publicize it.
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Facts: Daily Caller

Graphic: Daily Caller

Ethics Hero Vs. Unethical Website and Scammer: Marc Randazza Takes Aim At The Contemptible “Is Anybody Down” and “The Takedown Lawyer”

/ Jack Marshall / 6 Comments

Go get em, Marc!

First Amendment lawyer Marc Randazza is a genuine Ethics Hero. I speak from personal experience: when a cyber-bully was trying to use a threatened libel lawsuit to force me to remove a posted opinion he didn’t like, Marc (thoughtfully referred by Ken at Popehat), generously offered his time and advice…and Marc does this all the time. Right now he has a different mission: exposing a revolting cyberscam and hounding the perpetrators into retreat. His target is the website “Is Anybody Down,” and a more disgusting web enterprise would be hard to imagine, and its parasitic creation, the “Takedown Lawyer.”

I’ll let Marc explain why he has “Is Anybody Down” on his hit list:

“Here’s their business plan:

  • Step one: Register the domain name “isanybodydown.com”
  • Step two: Get ahold of nude photos of people who never consented to having their photos published.
  • Step three:Publish them, along with their names, home towns, and links to their facebook profiles.

So now how do you “profit?” Well, openly saying “I’ll take down the photo for $250,” would probably create some legal issues for you. So, instead, you create a fake lawyer persona and say “I am an internet lawyer, named David Blade, III, and I’ll get your pics down for $250.” Continue reading →

Cognitive Dissonance, Corruption, and Patrick Moran

/ Jack Marshall / 59 Comments

This video creates a major cognitive dissonance problem for me.

James O’Keefe, of ACORN take-down infamy, who engages in unethical journalistic practices to catch conservative foes in incriminating or otherwise damning statements, once again succeeded in exposing serious corruption, this time in the Virginia Democratic Party and more specifically on the staff of Northern Virginia Congressman Jim Moran. O’Keefe and his “Project Veritas” are the epitome of “the ends justify the means” philosophy of political warfare, and they are neither trustworthy nor admirable. Nonetheless, the video his dishonest methods produced provides important information to the public, and its message should not be ignored or minimized because it is the product of lies and a hidden camera.

Jim Moran is my Congressman, and has been for decades. There is no question that Moran is untrustworthy; there is substantial evidence that he is corrupt and has the values of a thug. We can add to this evidence that fact that his son Patrick, as the O’Keefe video shows, was happy to volunteer information to a starnger he thought was an aspiring voter fraud conspirator just how to cast Democratic votes for a hundred or so Virginians who weren’t going to visit the voting booth. Patrick Moran was the Congressman’s campaign field director at the time; he is also the nephew of Jim’s brother, who heads the Virginia Democratic Party. Patrick has since resigned, saying, naturally, that he made “a mistake.” In his exit statement to the media, Moran said:

“In reference to the ‘O’Keefe’ video, at no point have I, or will I ever endorse any sort of illegal or unethical behavior. At no point did I take this person seriously. He struck me as being unstable and joking, and for only that reason did I humor him. In hindsight, I should have immediately walked away, making it clear that there is no place in the electoral process for even the suggestion of illegal behavior: joking or not. In regards to my position on the campaign, I have stepped down because I do not want to be a distraction during this year’s critical election.”

Watching the video, his characterization of the incident is risible, but you can decide for yourself. In my view, Moran endorses illegal and unethical behavior by having the conversation, and not immediately responding to the initial inquiry by saying, “Neither this campaign, nor this party, tolerates what you are suggesting, which is an illegal attempt to subvert the Democratic process. What’s your name? I’m calling the police right now.” Continue reading →

Unethical Quote of the Week: Drew Curtis’ Fark

/ Jack Marshall / 61 Comments

“Seduced by your teacher at 16 thereby robbing of your childhood, oh yeah that’s surely worth 10 million…”

—Drew Curtis’ Fark, satirical news aggregation site, commenting on a mother’s 10 million dollar lawsuit against Brooklyn and the teacher who had repeated sex with the mother’s 16-year-old son, whom she was supposed to be tutoring.

Erin Sayer—teacher, child molester, sex fantasy. “How to GO kid! I’d hit that, for sure!”

Let me begin by saying that Fark is one of my favorite sites. It is consistently irreverent and funny, and its news links have inspired some of the most interesting exchanges on Ethics Alarms. Let me also say that I understand that the point of the site is to make snarky, often irreverent, sometimes obscene and intentionally outrageous tongue-in-cheek comments about news stories  trivial, major and odd, and that for the most part, it accomplishes its mission with wit and good humor.

This comment, however, is wrong, unethical, because whatever value it has as humor is outweighed by the harmful attitude it reinforces. Whether it is the  sentimental, , “Summer of 42” myth of the beautiful right-of passage of a teen-aged boy with the help of a loving, lovely, adult woman, or the macho “All right–I sure would have loved to have had a roll in the sack with MY hot high school teacher!” reaction of the locker room crowd, the idea that an adult teacher seducing and having sexual relations with a minor student is anything but sexual assault, rape, and a dastardly breach of trust, position and power does affirmative and continuing harm. The currency and resiliency  of this enabling attitude (read the comments to any online news story about a female teacher prosecuted for having sex with a student) emboldens sexual predators in the schools, reinforces an indefensible double standard ( a male teacher who has sex with a female student is an unequivocal villain, but a boy being raped by a female teacher is a lucky stiff) ) and worst of all, makes student victims more vulnerable.

The cultural assumption that a boy who is seduced by a teacher has been given some kind of gift is in the same category as the claim that women who are raped secretly “want it.” It is important that this theme be rejected, which means that websites like Fark shouldn’t reinforce it even in jest, because the jest does reinforce it.  Hitting communities, schools and teachers with tough jury verdicts is an essential part of eliminating this far too common crime in our schools. Ten million dollars in damages properly states how wrong and intolerable the conduct is, and like all forms of rape, it is nothing to laugh at.

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Facts: Fark

Source, Graphic: Daily Mail

(Again, thanks to Jeff Field for catching a typo!)

Ethics Dunce: Obama-Biden Campaign Co-Chair Eva Longoria

/ Jack Marshall / 39 Comments

Stay classy, Democrats.

The co-chair of President Obama’s campaign, showing her qualifications.

“Desperate Housewives” actress Eva Longoria, who for some reason is the co-chair of the Obama campaign, took to her Twitter account and its 4 million, 262 thousand followers to re-tweet this dignified and reasonable message:

“I have no idea why any woman/minority can vote for Romney. You have to be stupid to vote for such a racist/misogynistic twat”

She took down the tweet, perhaps after someone with a brain at DNC headquarters explained why this was an inappropriate message for a co-chair of the President’s campaign to endorse.  Then, after appearing to blame Twitter for it sneaking someone else’s tweet into her feed, apologized, saying via Twitter,

“I use Twitter as a platform for all Americans and their opinions. Sorry if people were offended by retweet. Obviously not my words or my personal view. I respect all Americans #FreedomOfSpeech…”And for the record I have never personally called any conservative women stupid. I think u are all beautiful and strong and smart! I appreciate those conservative women who have sent me some great articles! I respect u, stay involved!”

Oh, really!

Some observations: Continue reading →

Funny! But Wrong: The Democratic National Committee’s Fake Romney Site

/ Jack Marshall / 20 Comments

Unethical.

Don’t tell me I have no sense of humor. I get it, and it’s clever. Kind of fun, too. But just because a form of dirty campaigning is funny doesn’t change the basic principles it violates. Putting out a fake version of a political opponent’s supporter, poster, flyer, campaign material, web address, Twitter feed or website in order to trick people into either believing that the opposition campaign’s campaign or candidate is saying or doing something they are not really saying or doing for any purpose, including satire, crosses ethical lines into unethical campaign tactics territory. In a word, it’s cheating. It is unfair, deceptive and dishonest, but mostly, it is irresponsible, because it opens the door to far worse things, like sending obnoxious plants carrying racist signs to the other party’s rallies, robocalls making outrageous statements on behalf of the opposition, or putting the Obamaphone lady in fake Obama ads.

It has been a despicable campaign, and this Democratic National Committee fake Romney website not only makes it worse, it creates a slippery slope that leads right to the sewer.

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Pointer: Althouse

An Important Post At Popehat: “A Year of Blasphemy”

/ Jack Marshall / 1 Comment

Ban it?

Ken, the witty First Amendment champion who blogs at Popehat, had issued an important and meticulously researched review of how blasphemy has been punished around the world in the past 12 months. He introduces his survey, in part, by writing…

“The incendiary film “”The Innocence of Muslims” was merely an unconvincing pretext for a terrorist attack, not the true cause of the attack. Yet the film has spurred new discussions of American free speech exceptionalism, and led some to question whether we should hew to the First Amendment in the face of worldwide demands for an international ban on blasphemy… We should address such views, not ignore them. But as we consider them — as we evaluate whether anti-blasphemy laws will ever be consistent with the modern American values embodied in our First Amendment precedents — we should examine what the competing values truly are. What are the “other values” which other societies believe outweigh free speech? What sorts of things “inflame” people in those societies? If other societies understand free expression differently than we do, how do they understand it? What “international norms” are emerging on blasphemy?” Continue reading →

Unethical Website of the Month: Third Tier Reality

/ Jack Marshall / 119 Comments

Mr. Furious, of the Mystery Men

Third Tier Reality is one of many blogs recently founded by disappointed law graduates who somehow labored under the misconception that a law school degree guaranteed that they would get 6 figure offers from big law firms and then live the life of Denny Crane until they could retire to a Caribbean island at the age of 55. A depressing number of these deluded souls managed to get themselves in hock up to their eyeballs, and when the recession hit and law firms cut back, felt first, like fools, second, angry and desperate, and third, that it was everyone else’s fault. Thus was born the “law school scam” conspiracy theory. Third Tier Reality, like the others of its breed, maintains that law schools intentionally misled scores of trusting students to pay their obscenely high tuitions,  knowing that they were pumping out more lawyers than the legal market would bear.

To the extent that the site tries to educate would-be law students that there is no guaranteed gravy-train at the end of three years of law school, the website is, at worst, harmless. “My goal is to inform potential law school students and applicants of the ugly realities of attending law school,” he writes. His message: Do not seek a law degree unless…

“(1) YOU GET INTO A TOP 8 LAW SCHOOL; (2) YOU GET A FULL-TUITION SCHOLARSHIP TO ATTEND; (3) YOU HAVE EMPLOYMENT AS AN ATTORNEY SECURED THROUGH A RELATIVE OR CLOSE FRIEND; OR (4) YOU ARE FULLY AWARE BEFOREHAND THAT YOUR HUGE INVESTMENT IN TIME, ENERGY, AND MONEY DOES NOT, IN ANY WAY, GUARANTEE A JOB AS AN ATTORNEY OR IN THE LEGAL INDUSTRY.”

That’s all good advice, though it presumes that more people get law degrees under the delusion alluded to in (4) than I believe is true. Nobody ever told me that a law degree guaranteed a high-paying job as an attorney, and if we understood that decades ago when law was booming, I don’t see where the confusion set in. I worked in the administration of Georgetown Law Center, and that school never made such a representation. In addition, Third Tier Reality goes further, as its brethren blogs do, to insist that a law degree from less than a “First Tier” school is actually an impediment in the job market. I hate to kick this particular hornets nest again, but this is a self-serving rationalization for failure. Continue reading →

Political Bloodsport Déjà Vu: Democrat Kelly Steele Gets The Pat Rogers Treatment In Washington State

/ Jack Marshall / 3 Comments

There’s nothing funny about racism. Somebody tell Norman Lear.

Remember Pat Rogers? I posted about him twice (here and here): he is the New Mexico lawyer and RNC member whose self-evidently satirical (and private) e-mail mocking a Republican rival of Governor Susan Martinez was hacked and intentionally twisted by progressive activists, and used to trigger protests by Native American tribes, a huge voting bloc in that state. It didn’t matter that any fair and intelligent person who was meant to see the e-mail knew exactly what it meant; it didn’t matter that the interpretation of the e-mail  that supposedly justified the public uproar—that Rogers was extolling Gen. George Armstrong Custer—was obviously false, and moreover, that it made neither historical nor political sense to read the message in a way that insulted Native Americans; and it certainly didn’t matter that Rogers career and reputation were being unjustly trashed for pure political gain. State Democrats, aided by the news media and frightened Republicans unwilling to oppose classic minority group grievance-mongering, forced Rogers to leave his law firm, and are still trying to use the incident to turn Native Americans against the Republican Party in time for the election.

It was and is a revolting episode. Given the opportunity, would Republicans behave this way, intentionally finding offense in an unoffensive joke ? We know the answer to that question—YES—because this is exactly what Republicans have done to a Democratic advisor to Sen. Maria Cantwell, Kelly Steele. Continue reading →

The Times Square Kiss, and Feminist Blogs’ Fanatic Crime Against Joy

/ Jack Marshall / 24 Comments

The blog posts at issue make me angry. Usually it is silly to be angry about mere opinions, I know. However, the opinion registered by “Lori” on the blog Feministing, taking her cue from another feminist blogger, is a symptom, a symptom of the scourge of pernicious, political-correctness zealots, who refuse to recognize the important distinctions between malice and human beings being human, and seek to wipe out that distinction by distortion, sophistry, historical revisionism and bullying.

The bloggers’ target is an iconic photograph from the heart of American history: LIFE photographer Alfred Eisenstaedt’s shot of an American sailor kissing a nurse on August 14, 1945, in a moment of jubilation on Victory over Japan Day in the heart of New York City. Ah, but all is not as innocent and blissful as it would appear. Some historians think they have finally confirmed the identities of the mysterious couple (the photographer never identified his subjects) as Greta Zimmer Friedman, a dental nurse at the time, and George Mendonsa, a sailor. [Despite the assertions of the bloggers and the historians, we can never know for sure. There were apparently many similar pairings that day, and several couples have credibly claimed to be those kissing through the decades.] Greta was recently interviewed, and noted that that she was just grabbed by a sailor she didn’t know and kissed. “That man was very strong. I wasn’t kissing him. He was kissing me,” Greta told interviewers.

Ah HA! declare the feminist bloggers. Don’t you see, you addled, male-culture dominated, female-subjugating fools? This wasn’t a pure expression of joy in the long-awaited  end of a world conflict that had killed millions and laid waste to much of the planet! Oh, no! The famous photo was something dark and sinister: Continue reading →