No, There’s No Comparison Between Bill Cosby And Woody Allen And No “Double Standard”

/ Jack Marshall / 6 Comments
One of these things is not like the other....

One of these things is not like the other….

Newspapers should make us more informed and smarter, not less informed and dumber. Thus a Washington Post feature this morning qualifies as journalism malpractice, incompetence exemplified. Its theme: “Gee, why is Woody Allen signing a new deal to do a streaming comedy series for Amazon, while Bill Cosby lost his deal with NBC?” The print edition sub-heads: “Crisis responses may explain…”

No, they don’t. This is a false comparison based on superficial similarities: two comics who initially peaked in the same era, both in their seventies, shadowed now by sex scandals. The effort to use one to question the treatment of the other is either intellectually dishonest or so analytically unsound that it should forfeit the authors’ privileges of being assigned to write anything for mass consumption (the Post piece is by Stephanie Merry and Amy Argetsinger, and shame on them). The question of why Allen and Cosby are being treated differently in the court of public opinion isn’t worth asking, but since they asked, here are the obvious answers:

1. Woody Allen’s art, comedy, and persona have never had anything to do with virtue, stable families or being any kind of a role model. As a performer, he has presented himself as perpetually horny, neurotic, obsessed with sex and masturbation, prone to lying, and open to adultery, betrayal, stealing friends’ lovers; in “Manhattan,” he happily romanced a virtual child. In real life, he says things like “The heart wants what the heart wants,” which is a  rationalization for any act unethical or illegal, involving sexual or romantic desire. If you were ever a fan of Woody Allen after the age of 13, you were so because he was funny, accepting the fact that he is at best a sexually obsessed, maladjusted creep.

None of this is true of Cosby, who has always aimed his comedy at innocence, functional families and traditional virtues, and represented his own values as consistent with these when speaking for himself. Sex was not any part of Cosby’s art or image. He was an iconic good guy. Continue reading →

The Special Needs Student, the Compassionate Teacher and the “Awww!” Factor (UPDATED)

/ Jack Marshall / 32 Comments

Debra Fisher

Regular readers here are familiar with the “Ick Factor,” the common phenomenon where a situation that causes an emotional response of revulsion, disgust or fear is labelled unethical when there is nothing unethical about it. Many kinds of conduct are icky, but still on the right side of ethics, if only one can put aside the gag reflex. The reverse of the Ick Factor is the less common “Awww!” Factor, where particular conduct seems loving, caring and nice, but is in fact unethical in one or more respects. Such is the case of New York City special needs teacher Debra Fisher.

In October, Fisher was suspended when e-mails were discovered on the school computer system showing that she had been spending school time raising funds for a special project on behalf of Aaron Phillip, a thirteen year old special needs student who is an aspiring animator with his own blog. The project’s goal was to raise $15,000 for a nonprofit devoted to developing Aaron’s talent, an organization called “This Ability Not Disability” founded and administered by Fisher.

Awww!

The problem was that while her efforts on behalf of the student were supported by the school, Fisher, an occupational therapist at Public School 333 with nine years of service, did not have permission to perform them during school hours. Thus she was suspended for six weeks. Now she is suing the school system for back pay, telling reporters, “I’m just trying to fight for what I believe is right.”

If she believes she is right, then she shouldn’t be working at the school at all, because she is in fact dead wrong.

But awfully nice. Continue reading →

Pop Quiz: The Bottom Of The Slippery Slope

/ Jack Marshall / 25 Comments

Merkel out

What’s missing from the photo above that ran in the ultra-orthodox Jewish newspaper HaMevaser, or The Announcer?

No, the answer isn’t “any Americans,” though that would be correct too.

Why, it’s all the women! German Chancellor Angela Merkel, Danish PM Helle Thorning-Schmidt, Paris Mayor Ann Hidalgo and the High Representative of the European Union for Foreign Affairs and Security Policy Federica Mogherini were all photoshopped out of the Israeli newspaper.

When you have to have to alter the facts to fit your ideology and world view, this is supposed to trigger an ethics alarm that alerts you to the unpleasant truth that the problem is with you and your biases, conclusions and beliefs, not the facts.

Making people disappear from photos is the most grotesque of such self-indicting strategies, but there are many less spectacular but equally unethical examples, and right at home, right now.  Can you name some?

I’ll get you started with my personal “favorite”:

Hands up

And to answer your question: I’ll stop harping on this one when I stop hearing Ferguson and Mike Brown routinely mentioned as examples of excessive police force and racism.

________________________

Spark and Pointer: Rick Jones

 

Professional Chauvinism At “Above The Law”

/ Jack Marshall / 19 Comments

Clooneys

Lawyers really need to get over themselves. This post, by Staci Zaretski at the legal gossip site “Above the Law,” was introduced in my e-mail inbox with this line:

“Amal Clooney’s lifetime achievements are far greater than those of her husband, George Clooney. Where’s her award?”

The flip answer would be: “George Clooney.” But to the point: one has to have an enhanced regard for the profession of the law and a dismissive and culturally ignorant attitude towards the arts to state that “Amal Clooney’s lifetime achievements are far greater” than those of George Clooney.” Zaretski is welcome to her biases, but by any fair measure, the lifetime achievements of an actor of Clooney’s popularity, daring and prominence far outstrips those of a lawyer like Amal Alamuddin Clooney.  “Above the Law” makes its case thusly:

“Amal is a human rights lawyer who worked on the Enron case, was an adviser to Kofi Annan regarding Syria, and was selected to a three-person U.N. commission investigating rules of war violations in the Gaza Strip.”

Hundreds of lawyers worked on the Enron case(s): you will have to prove to me that she had some special impact that another lawyer with similar skills, and there are thousands, would not have. So she was an adviser to Kofi Annan regarding Syria: is Zaretsky aware that Annan’s misguided and naive efforts to broker a Syrian peace saved not a single life, and may well have blocked more substantive and effective initiatives? Then she served on a commission “investigating rules of war violations in the Gaza Strip.” Translation: she is a willing participant in the U.N. effort to demonize Israel for defending itself from Hamas shelling.  She also is defending Julian Assange. I don’t hold that against her: he’s a criminal, but he deserves a defense. Would he have not gotten one without Amal Clooney? Of course he would have. Continue reading →

Long Memory Ethics: Wait, NOW The Media Says The President HAS “Apologized”?

/ Jack Marshall / 12 Comments
See what you want to see..."Faces? What faces?"

See what you want to see…”Faces? What faces?”

The Washington Post echoed the consensus of the news media by reporting that the White House has apologized for not treating the anti-terrorism march in Paris with the respect and attention it deserved. “I think it’s fair to say that we should have sent someone with a higher profile,” White House press secretary Josh Earnest told reporters.

Oh, that’s an apology now?

Interesting, given that the word “apology” was notably absent from the statement. I will await, then, an admission from the horde of Obama defenders, like Paul Krugman of the New York Times and many others in the “We come to praise Obama, not to critique him” brigade that has guarded the Presidents flanks for going on seven years now, an admission that our President did indeed go on an “apology tour” around the world, regretting past U.S. policy of every sort. Over at the New York Times where Krugman reigns, the then-public editor Arthur Brisbane declared in 2012 that Mitt Romney was lying when he called Obama’s various mea culpas apologies, writing.

[P]erhaps the next time Mr. Romney says the president has a habit of apologizing for his country, the reporter should insert a paragraph saying, more or less: “The president has never used the word ‘apologize’ in a speech about U.S. policy or history. Any assertion that he has apologized for U.S. actions rests on a misleading interpretation of the president’s words.”

Funny: if that’s the standard for what an apology is—actually using the word “apology”—then the White House hasn’t apologized for embarrassing the nation and insulting the world.  You just can’t have it both ways. Continue reading →

Cowards and Hypocrites

/ Jack Marshall / 54 Comments
"All is forgiven"

“All is forgiven”

The New York Times and CNN, among others, are ducking their responsibility as news organizations to run the current cover of  “Charlie Hebdo.”  Why is it their responsibility? Because the response of the devastated satirical publication is news, and as the Times laughably says on its front page, that news is fit to print: the Times and CNN are describing the cover, but don’t have the guts or integrity to show it. The disingenuous rationale, in CNN’s terms, is that they are respecting “the sensibilities” of Muslim viewers.

In a word: CRAP. The vast majority of readers and viewers should be kept in the dark to avoid offending Muslim readers and viewers who can easily avert their tender eyeballs? When have CNN and the Times applied that standard regarding any other religious group, or any group at all? [UPDATE: Over at Popehat, Ken White extravagantly exposes the intellectual bankruptcy of  the Times’ rationalizations for not showing the cartoon with a series of well-formulated and pointed questions. This is admittedly more diagnostic than “CRAP,” but the message is the same.]

The translation of this craven self-censorship is “We are concerned about offending an anti-democratic and violent minority who are successfully using threats to constrain the free distribution of knowledge and information, because we are unworthy of the profession we presume to practice.”

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 3)

/ Jack Marshall / 13 Comments

ellen-selfie

2014 Conflicts of Interest of the Year

  • Conflicted Elected Official: Philadelphia State Senator LeAnna Washington. This is always an entertaining category. Washington was convicted of using her tax-payer financed staff to organize a yearly campaign fundraiser around her birthday party. When one staffer complained that this was illegal, she reportedly replied, according to his grand jury testimony:

“I am the fucking senator, I do what the fuck I want, and ain’t nobody going to change me. I have been doing it like this for 17 years. So stop trying to change me.”

  • Conflicted Journalist: CNN sent Jay Carney, fresh off his assignment as President Obama’s official spokesman, defender and spinmeister, to cover his ex-boss’s speech.
  • Conflicted  “Non-partisan” Watchdog: CREW. The Center For Responsibility and Ethics in Washington and its chief, Melanie Sloan, finally came clean (after falsely claiming non-profit status as a non-partisan organization for years) by making David Brock, head of the openly partisan, foaming-at-the-mouth anti-Republican media watchdog Media Matters its Chairman of the Board, essentially merging the two groups.
  • Appearance of Impropriety Award: Rep. Steve Scalise (R-La), Republican Whip. It is not certain yet whether Scalise knowingly spoke to a group of white supremacists in 20o2, inadvertently spoke to the group, or just spoke to another group meeting in the same venue before the David Duke-affiliated group of racists started comparing sheets. It isn’t even clear that Scalise knows, but everyone should agree that it looks awful no matter how you categorize it, making the fiasco a classic appearance of impropriety situation. If the Republicans were smart, they would dump him.

Unethical Attire of the Year

Offensive shirt

This.

Unethical Political Candidate of the Year

Wisconsin Democratic gubernatorial candidate Mary Burke, whose campaign materials were largely plagiarized from the materials other candidates.

Ethically Clueless Voters of the Year

New York’s 11th Congressional District, which contains Staten Island and parts of Brooklyn. These alert and ethical citizens sent back to Washington thuggish and crooked Rep. Michael Grimm (R), then facing a 20-count indictment by federal authorities for fraud, federal tax evasion, and perjury, having earlier distinguished himself by threatening to kill a reporter and being recorded doing so.

  Unethical Advertising of the Year

Lawyer Division:

Public Service Announcement Division:

TV Program Division:

The Discovery Channel’s campaign for “Eaten Alive!” which did not, in fact, feature anyone being “eaten alive,” or at all.

Private Sector Product Division:

Halos. Or perhaps this is the Child Abuse Division:

Political Campaign Division:

Wendy Davis, Democratic candidate for Texas Governor, offered an ad attacking her wheelchair- bound opponent that 1) appealed to bias against the disabled 2) misrepresented the duties of a state attorney general 3) misrepresented the facts of the cases the ad referred to and  4)  deceived the public regarding the ethical duties of lawyers, which Davis, a lawyer, presumably understands. Continue reading →

Ethics Quiz: The New England Patriots’ Loophole Victory

/ Jack Marshall / 16 Comments
Cap Anson would have loved the Patriots strategy. If he wasn't dead, of course. And if they had football when he was alive....

Cap Anson would have loved the Patriots strategy. If he wasn’t dead, of course. And if they had football when he was alive….

On Saturday night, the New England Patriots ran a series of plays that exploited the complicated receiver eligibility rules, confusing the Baltimore Ravens and officials, and allowing the Pats, who were trailing badly, to get back into the game. They eventually won in a thriller.

Ravens head coach John Harbaugh was so upset during the sequence that he drew an unsportsmanlike conduct penalty. Later, he stopped just short of calling new England coach Bill Belichick a cheater. “[I]t’s a substitution type of a trick type of a thing,” Harbaugh told reporters after the game. “So they don’t give you the opportunity, they don’t give you the chance to make the proper substitutions and things like that. It’s not something that anybody’s ever done before. The league will look at that type of thing and I’m sure that they’ll make some adjustments and things like that.”  Indeed, the NFL will investigate whether the officiating crew gave the Ravens proper notice that an eligible Patriots player would be ineligible for a given play.

Let me quote NBC Sports to explain what happened: I barely understand it myself: Continue reading →

Five Ethics Observations On The US’s Paris March Snub

/ Jack Marshall / 84 Comments

world-leaders-paris-march

In case you didn’t catch it, more than 40 world leaders joined the start of a Paris march for unity against terrorism and for freedom of speech, linking arms in a demonstration of solidarity. Even Netanyahu and Abbas were there! The Paris march may have included more than 1.6 million marchers before it was done, reportedly the largest demonstration ever. More than three million have now marched across France in response to the deaths of 17 resulting from extremist attacks in Paris last week, beginning with the executions of the staff of the satirical newspaper, “Charlie Hebdo.”

You would expect, and I am sure that the world expected, that the United States of America, reputedly the leader of the free world and the nation that most symbolizes the human right of free speech, would have participated in the event with enthusiasm, conviction, and prominence. But no. President Barack Obama did not come to Paris to join with his fellow world leaders. He did not send Vice President Biden either. Though Attorney General Holder was in Paris, he was not directed to attend the march, and did not.  The United States was only represented by its ambassador, who is not a world leader, and whose job it is to attend routine functions large and small.

Initially the criticism of the obviously intentional snub was muted, with the toadying mainstream news media, as has been its standard operating procedure since 2008, acting and speaking as if there was nothing amiss. Fox News, also as usual, was the exception, but since that network is isolated and pigeon-holed as a reflexive Obama critic “no matter what he does,” this was initially ignored as more right-wing carping. Then, to his great credit, CNN’s Jake Tapper took to Twitter to say  that he was “a little disappointed personally” at the lack of a strong U.S. presence, and in a later statement, escalating to saying that he “was ashamed.” He then wrote in an opinion piece…

“I find it hard to believe that collectively President Obama, Vice President Joe Biden, Secretary of State John Kerry, Secretary of Defense Chuck Hagel, Treasury Secretary Jack Lew and Attorney General Eric Holder — who was actually in France that day for a conference on counterterrorism — just had no time in their schedules on Sunday. Holder had time to do the Sunday shows via satellite but not to show the world that he stood with the people of France?

There was higher-level Obama administration representation on this season’s episodes of “The Good Wife” on CBS.”

Good for Jake Tapper, one of the few relatively objective broadcast journalists who is worthy of public attention and trust. Continue reading →

Unethical Web Site Of The Month: No Hate Speech Movement

/ Jack Marshall / 43 Comments

hand over mouth

Right before the Paris terrorist attack on “Charlie Hebdo” I was going to post about No Hate Speech and decided, “Eh, this is too stupid.” Then, reflecting upon it in the light of the occurrences in subsequent days, I realized most of the many, primarily  young people, mostly well-meaning, sensitive, loving individuals who are represented on this almost unnavigable website—I hate that— would be making excuses for the Islamic terrorists who executed the French cartoonists, since by their definition, they engaged in “hate speech.”  ( “Of course terrorism is wrong, but...”)  They ended it too, didn’t they? At least they ended those particular speakers.

Free speech is being whittled away by the attempts to define free speech as excluding “hate.” Democratic Senator Ed Markey from Massachusetts—you know, that cradle of freedom, democracy, protestm ringing words, and me—has  introduced legislation calling for the government to investigate “hate speech” on broadcast, cable, and Internet outlets. As Alan Derschowitz noted, the effort and the logic surrounding the bill endangers liberty:

“It is a worthy effort, but my prediction is that it either leads to the conclusion government cannot do it, or that they will do it and that will infringe on First Amendment rights. Governments are trying to also make changes to hate speech law and debating the issue in Canada, at the United Nations, and even right now in Israel. It is a worldwide trend, but it is a really dangerous trend.”

I guess because Derschowitz is an upstanding Democrat, he can’t bring himself to say that it is not a worthy effort. It is an irresponsible trend, with a campaign that depends on ignorance, historical amnesia, naivete and hypocrisy. I was trying to remember why I, last year, allowed a passionate and prolific commenter who was prone to rash and obscene language, often attacking other commenters. NOW I recall: This was the reason. The movement to censor “offensive” speech is a leap onto Markey’s slippery, censorious slope. Hate is a legitimate, if ugly sentiment, and it has its place. That place is in our heads, and sometimes, out of our mouths or pens. You don’t like it?  I’m listening. I lost a lot of readers who were offended by Scott’s remarks. Well, I decided that that the ethical thing was to let those who objected 1) learn not read his comments or 2) talk him out of it. Continue reading →