From The Ethics Alarms “Double Standard” Files: Now THIS Is A Hate Crime! Wait…What’s That? There’s No Evidence Yet? I Stand Corrected!

/ Jack Marshall / 140 Comments
Boy, some people see race in everything...

Boy, some people see race in everything…

From Fox News yesterday:

Chicago investigators are questioning four African-Americans after a Facebook Live video shows a group of people torturing a white mentally disabled man while someone yelled “F*** Trump!” and “F*** white people!”

Chicago police were made aware of the video Tuesday afternoon. A young African American woman streamed the video live on Facebook showing at least four people holding the young white man hostage.

In the video, the victim is repeatedly kicked and hit, his scalp is cut, all while he is tied up with his mouth taped shut….The victim is … believed to have been held hostage and tortured in an apartment in the 3400 block of West Lexington on the West Side, Guglielmi said.

(That’s “Fuck Trump!” and “Fuck white people!”, just in case you thought the phrases were “Free Trump!” or “Feel white people!”)

Now here is how the Associated Press initially reported the story:

Chicago police say they are investigating a video circulating on social media that shows several people beating a man at a residence. Police Superintendent Eddie Johnson said at a news conference Wednesday that four suspects are in custody. Formal charges have not been filed.

Johnson says the victim, who has “mental health challenges,” is recovering. Johnson calls the video “sickening,” and Police Cmdr. Kevin Duffin says the suspects made “stupid decisions.” Officers were called to a residence on the city’s West Side Tuesday evening where they found signs of a struggle and damaged property.

Videos of the alleged incident were posted on social media. Police say it is too soon to make a determination if the attack was racially motivated.

“Police say it is too soon to make a determination if the attack was racially motivated.”

!!!

KABOOM!

exploding-head5

There it is! The first head explosion of 2017!

[A brief pause while I mop, scoop, and re-fill…] Continue reading →

Major Ethics Alarm: American Journalism Is Crumbling Before Our Eyes [Post Script: Glenn Greenwald]

/ Jack Marshall / 12 Comments

flag-american-crumbling

Muckraking journalist Glenn Greenwald provided excellent background and searing commentary today on this issue, in his essay, “WashPost Is Richly Rewarded for False News About Russia Threat While Public Is Deceived.” Read it, please.

Some highlights:

In the past six weeks, the Washington Post published two blockbuster stories about the Russian threat that went viral: one on how Russia is behind a massive explosion of “fake news,” the other on how it invaded the U.S. electric grid. Both articles were fundamentally false. Each now bears a humiliating editor’s note grudgingly acknowledging that the core claims of the story were fiction: The first note was posted a full two weeks later to the top of the original article; the other was buried the following day at the bottom.

The second story on the electric grid turned out to be far worse than I realized when I wrote about it on Saturday, when it became clear that there was no “penetration of the U.S. electricity grid” as the Post had claimed. In addition to the editor’s note, the Russia-hacked-our-electric-grid story now has a full-scale retraction in the form of a separate article admitting that “the incident is not linked to any Russian government effort to target or hack the utility” and there may not even have been malware at all on this laptop….

***

After spreading the falsehoods far and wide, raising fear levels and manipulating U.S. political discourse in the process (both Russia stories were widely hyped on cable news), journalists who spread the false claims subsequently note the retraction or corrections only in the most muted way possible, and often not at all. As a result, only a tiny fraction of people who were exposed to the original false story end up learning of the retractions.

*** Continue reading →

“Start The Car!” Ethics

/ Jack Marshall / 18 Comments

“Start the car!” shouts the woman in a ubiquitous IKEA TV commercial for its “Winter Sale.” She has received her receipt, and  the total is so low that she assumes there has been a mistake.  She quickly exits the store with bags of purchases, and while running calls to her husband in the car outside so he will pick her up and hit the gas before someone comes to reclaim the merchandise or demand more payment. As they drive away with what she thinks are her ill-gotten gains, she lets out a whoop of triumph.

The narration explains that IKEA’s sale prices are so low, this how you will feel.

The commercial is unethical. It trivializes and normalizes theft, and rejects the ethical values of honesty, integrity and responsibility. Apparently the ad has been running internationally for a long time (it only just started showing up in my region) and is very popular. Writes one industry commentator, “People relate to the message because at one point or another while shopping we’ve all had that feeling that we just got away with something.”

Really? I haven’t. My father didn’t either (my mom was another story.) I’ve told waitresses and clerks that they undercharged me. I’ve returned excessive change. I’ve handed back money to tellers when two bills stuck together. You don’t? What the hell’s the matter with you? Were you raised by Fagin?

Though the commercial was a hit and positively accepted in all of the nations where it was viewed, there is hope:  it also received many negative comments and complaints. An Advertising Standards Board—I cannot for the life of me find out which; the U.S. has no such board. I’m guessing Sweden— thus considered whether this advertisement breached   its Advertisers Code of Ethics.

The breach would be that the commercial isn’t socially responsible, since it represents taking merchandise from a store that hasn’t been fully paid for as normal and acceptable conduct. The Board viewed the advertisement in light of the complaints and decided that the ad was ethically inoffensive.

Guess why.

No, go ahead, guess.

Continue reading →

Major Ethics Alarm: American Journalism Is Crumbling Before Our Eyes [Part 2: Sounding The Alarm]

/ Jack Marshall / 21 Comments

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The analysis below was preceded by Part I: Signature Significance. I suggest reading it first. After listing and commenting on several recent examples of news media bias and incompetence, the post ends with the Ethics Alarms starting point for ethical analysis:

What’s going on here?

What’s going on is pretty terrifying. There is literally no major news media outlet that isn’t biased and untrustworthy, and the profession does not appear to care. Is it denial? Is it terrible training? Is it a misguided sense of mission? Arrogance? Whatever it is, it is res ipsa loquitur–it speaks for itself.

Don’t argue that the news media isn’t always wrong or constantly allowing partisan bias to skew its reporting: the point is the same as what Ethics Alarms explained in its Snopes post.  Once bias is manifest, the reliable reporting must occuring spite of that pollution, and there is no way for the public to know when it is being informed according to proper journalism ethics, and when it is being manipulated. The examples above are egregious. They would not have been permitted even 20 years ago, and yet now they are.

This doesn’t require much acumen to spot the problem, or elaborate measures to address. Look at the examples in Part I. How hard is it to figure out that once a reporter has been shown to be colluding with one party over another, it’s “Bye-bye and welcome to the baby zoo animal beat!” If it is so impossible for a Sunday news show to find four expert commentators who aren’t in Trump-freak-out mode, it’s time to upgrade the potential guest pundit list. When an anchor wildly mistates a fact like the McConnell quote that has been repeatedly debunked, 1) correct it, 2) apologize, and 3) give her a few days off without pay. How hard is that? It’s not hard, unless the entire profession is so devoid of ethical training and habits that it literally doesn’t know how to be honest, objective, fair, competent and responsible…you know, as in trustworthy.

Professions are obligated to police themselves. It shouldn’t be a conservative media watchdog site like Newsbusters that reveals Camerota’s unconscionable repetition of the long-debunked claim that Republicans vowed to obstruct Obama “from Day One”, it should be CNN’s competitors, or CNN. Brian Stelter, CNN’s own media watchdog, didn’t report on any of these episodes, because he has been dedicated to playing defense for his network, denying that news media bias exists. On October 16, just before another Wikileaks dump showed how many mainstream media journalists were regarded by the Clinton campaign as allies, Stelter engaged in a long sneerfest mocking the idea, which he attributed to Trump, that the news media was biased against Trump and trying to elect Clinton, beginning with… Continue reading →

Major Ethics Alarm: American Journalism Is Crumbling Before Our Eyes [Part 1: Signature Significance]

/ Jack Marshall / 11 Comments

flag-american-crumbling

…and without trustworthy journalism, democracy cannot survive.

There was reason to hope that following its beyond miserable performance in its coverage of the campaign and election just concluded, American journalism would respond to reality and dedicate itself to repairing its broken relationship with traditional professional ethics. Poll after poll shows that the news media’s standing with the public has never been lower. Because the profession itself ought to be more keenly aware than anyone of how vital honest, fair and competent journalism is to the health of a democracy, one would expect that this would be a moment demanding brutal self-examination and rapid reform.

This is not what we are seeing, however. Consider:

  • Last weekend, ABC’s Jonathan Karl interviewed Donna Brazile in a New Year’s Day review of the election. I couldn’t believe it. She was introduced as a respectable commentator with no acknowledgment of her role in the Clinton fiasco and the news media’s disgrace. As Ed Morrissey wrote,

Why is Jonathan Karl interviewing Brazile in the first place? …It has been 62 days since CNN severed their ties with Donna Brazile over the fact (no longer an “allegation”) that she cheated during one of the Democratic presidential primary debates and attempted to cheat during a second one in Flint, Michigan. And yet ABC News is inviting her to sit down for a casual New Years Day chat like any other political analyst.

CNN shouldn’t have allowed her to be a staff member to begin with, since she was a partisan political operative. She used that relationship and exploited her conflict of interest to try to do what she could to  rig the election. She was exposed, lied by denying it, and fired. Now, after the election, she behaves as if nothing has changed, and ABC again presents her as a reliable analyst.

  • After WikiLeaks’ publication of emails from the Democratic National Committee and Hillary Clinton campaign chair John Podesta revealed collusion and shockingly unethical ties between prominent journalists and the Clinton campaign, as well as the campaign openly referring to such journalists as allies, none of the journalists so exposed have been disciplined, nor have any of the news organization employing them indicated that they were so much as troubled by the revelation.

Continue reading →

Obamacare’s Epitaph: “Live By The Rationalization, Die By The Rationalization”

/ Jack Marshall / 46 Comments

obamacare-gravestoneRemember in 2010, when the Democrats ensured that the Affordable Care Act would clear its final hurdle to passage this way?

Democrats will finish their health reform efforts within the next two months by using a majority-vote maneuver in the Senate, Majority Leader Harry Reid (D-Nev.) said. Reid said that congressional Democrats would likely opt for a procedural tactic in the Senate allowing the upper chamber to make final changes to its healthcare bill with only a simple majority of senators, instead of the 60 it takes to normally end a filibuster.The move would allow Democrats to essentially go it alone on health reform, especially after losing their fillibuster-proof majority in the Senate after Sen. Scott Brown’s (R) special election victory in Massachusetts.

Republicans have protested the maneuver as a hyperpartisan tactic to ram through a health bill, and have said that plans to use the reconciliation process make moot a bipartisan summit at the White House this week, where both GOP and Democratic leaders are supposed to present their ideas on healthcare.

At the time, Republicans, as is their wont, over-stated their objections to the maneuver, calling it unconstitutional and a breach of rules. No, it wasn’t quite that, nor was it as unusual as the GOP claimed. It was within Senate rules, but still the first time it was ever used to amend a bill that had already passed the Senate via cloture, and under such contentious circumstances.  Reconciliation was legal, all right, but since the Affordable Care Act was so revolutionary and controversial, its passage needed to be seen as democratic, and it wasn’t. Democrats ignored the Golden Rule, and extended the acceptable use of reconciliation by using a number of rationalizations, as well as “the ends justify the means.”

Let’s see: “Everybody Does It” wouldn’t work, because the problem with using reconciliation was that everybody didn’t do it, at least not very often.  So Democrats opted for 13. The Saint’s Excuse: “It’s for a good cause”…23. Woody’s Excuse: “The heart wants what the heart wants”…#24. Juror 3’s Stand (“It’s My Right!”)…25. The Coercion Myth: “I have no choice!”…28. The Revolutionary’s Excuse: “These are not ordinary times.”…31. The Troublesome Luxury: “Ethics is a luxury we can’t afford right now” …40. The Desperation Dodge or “I’ll do anything!”…59. The Ironic Rationalization, or “It’s The Right Thing To Do”…and perhaps a few other rationalizations on the list. Continue reading →

From The “Law vs. Ethics” Files: A Westin Hotel Comes To The Nuisance

/ Jack Marshall / 24 Comments
nookwestin

The photo says it all.

In Austin Texas, Westin  opened a large hotel next to the Nook Amphitheater, which is famous venue for live music in a city with a strong music culture  Westin is now suing the Nook because its music is disturbing the guests. The complaint states that the Nook plays “chest thumping bass” seven nights a week until 2 a.m. making some rooms uninhabitable.and thus harming the hotel’s business.

Law professor and invaluable ethics story source Jonathan Turley notes that the case recalls the now defunct “coming to the nuisance” doctrine.  The defendant in such a case once could move to dismiss a nuisance claim on grounds that the plaintiff moved next door only to challenge the activities, business and even the existence of it neighbor in court.  Turley writes,

The doctrine originated in early common law with cases like Rex v. Cross, 172 Eng. Rep. 219 (1826).  The Court held:

“if a certain noxious trade is already established in a place remote from habitations and public roads, and persons afterwards come and build houses within the reach of its noxious effects; or if a public road be made so near to it that the carrying on of the trade becomes a nuisance to the persons using the road; in those cases the party would be entitled to continue his trade, because his trade was legal before the erection of the houses in the one case, and the making of the road in the other.”

American courts found the doctrine to hinder growth and work against the common good, particularly as populations in cities expanded into rural areas.  

But, Turley explains, even in the absence of the “coming to the nuisance” defense, defendants have had some support from the courts: Continue reading →

Ethics Dunces: House Republicans….WAIT! Trump To The Rescue!

/ Jack Marshall / 32 Comments

oce-website

Per The Washington Examiner:

House Republicans on Monday quietly voted to strip the independent power from an outside ethics panel established eight years ago following a string of corruption scandals, a move they made just hours before the start of the 115th Congress. A measure defanging the Office of Congressional Ethics, authored by House Judiciary Committee Chairman Bob Goodlatte, will now be included in the House Rules package, which is poised for a Tuesday afternoon vote before the entire House.

The provision’s most important feature changes the OCE from an independent entity to a body that falls under the jurisdiction of the House Ethics Committee, a 10-member, bipartisan committee of lawmakers that rarely hands out serious punishment. Goodlatte’s provision renames the OCE the “Office of Congressional Complaint Review,” and said the changes were needed because lawmakers have been subjected to investigations provoked by partisan outside groups.

The move was incompetent, as it is terrible public relations and undermines the public trust. I’d call it straight-up unethical as well, because it constitutes the appearance of impropriety, which is prohibited by House ethics rules already.

Then, that evil, fascist President-Elect Donald Trump tweeted…

“With all that Congress has to work on, do they really have to make the weakening of the Independent Ethics Watchdog, as unfair as it … may be, their number one act and priority. Focus on tax reform, healthcare and so many other things of far greater importance! #DTS,

The House Republicans backed down, and eliminated the measure.

Observations: Continue reading →

The “Russian DNC Hacks”: Who Do You Believe, And Why Should You Trust Them?

/ Jack Marshall / 85 Comments

russia-sign

Here at Ethics Alarms, the starting point for ethical analysis is the question, “What’s going on here?” It’s impossible to reach a fair and useful conclusion about where any conduct falls on the right/wrong scale unless one has a clear picture of what the conduct is--what happened and why. The still percolating saga of the  hacked Democratic National Committee e-mails so far defies ethical analysis, because so many of the key facts are in doubt, so much of their impact is a matter of speculation, and virtually all of the participants, sources and advocates for one interpretation or another are untrustworthy.

I have never seen anything like it.

“What’s going on here?” I really have no definitive answer, but lets slog though the muck:

I.   Some of what’s going on here is that Democrats, progressives and Clinton bitter-enders are making a concerted effort to use the fact that troubling DNC e-mails were released to the news media and the internet late in the Presidential campaign to prove the theory that Russian interference with the election was responsible for the victory of Donald Trump. This, they argue in turn,  justifies regarding Trump as an “illegitimate President,’ thus justifying ignoring the election results, defying the election results, impeaching Trump immediately, blocking his swearing in, treating him in discourse and conduct as if he had just been convicted of beastiality rather than elected President, “doing something” to “stop him,” and obstructing anything he tries to do to govern.

Another way of putting it is that Democrats want to throw the nation into something perilously close to a Constitution crisis, a revolution, a civil war, and the unraveling of the nation itself because they couldn’t manage to win an election that should have been a breeze, and they refuse to accept accountability.

2. This, I can say without restraint, is unethical beyond question, and despicable as well.

3.The Russian hacks theory is the fourth wobbly leg of the Democratic Party’s  “We refuse to accept the results of the election because Trump is unfit to be President as shown by the fact that he said he might not accept the results of the election” position. The other legs: 1)  the Electoral College isn’t a legitimate way to choose a President, even though it would have been if it elected Hillary Clinton, and should be retroactively repealed, discarded or defied 2) Trump was elected by morons, racists, xenophobes, woman-haters and morons, while the virtuous, intelligent Americans voted for Hillary, and they know best, and 3) The head of the FBI, who saved Clinton’s candidacy by a very generous interpretation of her highly suspicious conduct after a strangely informal interrogation, thus causing Republicans to question his independence and integrity, intentionally sabotaged Clinton’s coronation by keeping his public promise to Congress that he would alert it if there were any new developments.

Since these are 1) ignorant 2) anti-democratic and 3) ridiculous, all adding up to pathetic and desperate, the weight of the whole effort now rests on Leg #4.

4. Much of the mainstream news media is bolstering that leg by short-handing the story in headlines and print as Russian “hacking of the election.” This characterization is a lie. The ongoing Ethics Alarms Fake News Project, which is dedicated to settling on what “fake news” is (another “What’s going on here?” inquiry) questions how this is any less fake news than “Pope Tells Followers To Support Trump.” Both are intentional lies, designed to confuse and mislead, with the mainstream media lie far more insidious, since only microcephalics are even a long-shot to buy the Pope story, whereas the Democratic Deranged, unhinged by confirmation bias and an inexplicable trust in journalism, are eager to accept the Russian lie. Fact: nobody, anywhere, has alleged that the Russians “hacked the election.” The only way an election gets hacked is when there is interference with the vote totals. “The claim that the ‘election was hacked’ is a bit of a misnomer,” writes former CBS reporter Sheryl Atkinson. “There’s no standing allegation by U.S. officials that the Russians (or anyone else) “hacked” into our elections system or altered vote counts.”

No, the term “bit of a misnomer” is a misnomer for “lie.” I would describe Atkinson as a hack by engaging in such equivocation to shield her colleagues, but that might confuse people. Continue reading →

Ethics Dunce: ThinkProgress Editor Adrienne Mahsa Varkiani

/ Jack Marshall / 98 Comments
A Milo protest at UCLA followed by a bomb threat that shut down his speaking appearance. You'd think they'd want him to have a book published so they could burn it...

A Milo protest at UCLA followed by a bomb threat that shut down his speaking appearance. I’d think they’d want him to have a book published, so they could burn it…

Adrienne Mahsa Varkiani, an editor at progressive website ThinkProgress, epitomizes a real problem for progressives, and society’s ability to trust them with political power. She, like increasing numbers of others espousing her ideology, believes that citizens expressing opinions she doesn’t agree with should be prevented from doing so.

Her post is titled “We live in a world where white supremacists get lucrative book deals,” and her argument is that the “white supremacist” in question (though he isn’t one), inexplicably popular professional asshole Milo Yiannopoulos, shouldn’t be able to get a book published or be paid for writing it.

Yiannopoulos’s act is that he is forcefully and often obscenely politically incorrect, particularly regarding feminism. If he’s a white supremacist, he’s a very odd one, having a gay partner who is black. Yiannopoulos has been banned from Twitter, which regards his harassment of a black actress ban-worthy but the harassment of white male conservatives just desserts, and he has also sparked several episodes on campus last year where his scheduled speeches were cancelled by cowardly college administrators after students complained that the threat of his likely comments being made to others caused them to feel “unsafe.”

He got a book deal because he is famous in some circles, a culture war combatant, and a sometimes amusingly inflammatory writer. He got a book deal because enough people are likely to buy his book that his publisher expects to make money. He got a book deal because enough people in a free country want to read what he has to say. Varkiani believes this is scandalous, and if she and her fellow censors had their way, he wouldn’t be able to get paid to speak or write. Continue reading →