abuse of power

Ethics Tip For Police Being Videoed: Smile!

/ Jack Marshall / 5 Comments

Every now and then one learns about a practice that seems so obviously wrong that it is difficult to believe it could really occur in America. The police’s broad power to confiscate property used in the commission of a crime stunned me when I first read about it in law school. Municipal government use of the power of eminent domain to take private property and turn it over to corporate interests for profit-making development, as in the Kelo case, was another example. During the health care reform debate, I learned that our elected representatives not only didn’t bother to read major legislation, they thought there was nothing wrong with not reading it. I’m still scratching my head over that one.

The increasingly common phenomenon of police arresting citizens for recording arrests and other police activity on video is the most recent example of conduct that is so wrong it is hard to believe it happens—but it does. Continue reading →

Charlie Rangel, Ethics Corrupter

/ Jack Marshall / 4 Comments

Rep. Charles Rangel—statesman, icon, war hero, and Congressional force of nature—stands accused of ethics violations many and serious, ranging from using his influence to raise money for an institution named after him, to accepting trips and other benefits from special interests, to failing to pay his taxes. Actually, “accused” is a technicality in Rangel’s case, or rather cases, because the facts are plain and damning in every single one. House Speaker Nancy Pelosi initially refused to do anything about Rangel (he was eventually asked to step down, if only “temporarily” from his position as Chairman of the Ways and Means Committee) by saying, “Wait for the results of the investigation.” She meant, considering the shameless politicization of the House ethics process, “Let’s see if he can skate by this time.” He couldn’t. Rangel did all of the conflicted, reckless and irresponsible things he has been accused of, and actually admits doing most of them. He refuses to resign, however, and proclaims his “innocence,” not because he didn’t do unethical things, but because he doesn’t believe it should matter. Continue reading →

Unethical Quote of the Week

/ Jack Marshall / 2 Comments

“I hate to open this can of worms but is there any reason why the FCC couldn’t simply pull their broadcasting permit once it expires?”

—Jonathan Zasloff, a law professor at UCLA, suggesting on the mailing list “Journolist” that the federal government take Fox News off the air.

How is this unethical? Let me count the ways: Continue reading →

Note to Anti-Defamation League: Stick To Dafamation

/ Jack Marshall / 1 Comment

Everybody who watches baseball on TV knows that Fox color man Tim McCarver talks too much. He’s smart, sometimes perceptive, but his opinions during a broadcast constitute the sports equivalent of Phil Spector’s “Wall of Sound.” Last week, commenting on a Yankee Stadium game that was preceded by the team’s annual “Old Timer’s Day” parade of superannuated Yankee greats, McCarver chose to express his outrage at what he saw as the Yankees’ banishment of former manager Joe Torre (now managing the L.A. Dodgers after an acrimonious departure from New York, followed by a tell-all book) to relative obscurity: Continue reading →

Thought Police at the Transportation Security Administration

/ Jack Marshall / 2 Comments

Leave it to the Government to give us a definitive example of this problem: how do we tell if someone is being unethical or just infuriatingly dumb? Most of the time, of course, we can’t tell.  You can conclude, however, that when high-placed leadership in a government agency, without a legitimate reason for doing so,  takes action that makes those who worry about excessive government intrusion into private thought, speech and conduct quake in their boots, the end result is the same. Such actions cause an erosion of trust, the lifeblood of democratic societies. That makes the conduct dumb and unethical. Continue reading →

California’s Confused Welfare Ethics

/ Jack Marshall / 4 Comments

The Los Angeles Times has been running a series of stories detailing how many California welfare recipients have been using their state-issued welfare debit cards (which take money directly out of state coffers) at casino ATM’s. The millions of dollars in taxpayer money dispensed to eager, if poor, gamblers produced predictable outrage, and the state responded by blocking use of the cards at over 200 ATM’s and revising the pledge signed by welfare recipients to require them to only use the assistance to “meet the basic subsistence needs” of their families.

The outrage is misplaced, and the remedial measures are symbolic at best. Continue reading →

Nefredo v. Montgomery County: Ethical Treatment for Fortune-tellers

/ Jack Marshall / 19 Comments

Or should that be “ethical treatment for charlatans”?

In the case of Nefredo v. Montgomery County, the Maryland Court of Appeals ruled that it was an infringement of the Right of Free Speech for the Montgomery County, Md., to deny a business license to a fortune-teller on the basis of a County ordinance that declared charging a fee for fortune-telling services was a crime. The ordinance states:

“Every person who shall demand or accept any remuneration or gratuity for forecasting or foretelling or for
pretending to forecast or foretell the future by cards, palm reading or any other scheme, practice or device shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code; and in any warrant for a violation of the above provisions, it shall be sufficient to allege that the defendant forecast or foretold or pretended to forecast or foretell the future by a certain scheme, practice or device
without setting forth the particular scheme, practice or device employed…” Continue reading →

Ethics Audit: the Deep-Water Oil-Drilling Ban Saga

/ Jack Marshall / 9 Comments

President Obama’s ban on deep-water oil drilling in the wake of the Deepwater Horizon Gulf oil disaster pits important ethical values against each other: fairness vs. responsibility. On both sides of the equation is prudence. New Orleans federal judge Martin Feldman over-ruled the ban and issued an injunction against it, saying in effect that there was no contest: the ban isn’t fair, prudent, or responsible.

The Obama Administration’s ethical argument supporting the ban goes something like this: Continue reading →

The Center for Science in the Public Interest=Self-Righteous Bullies of the Month

/ Jack Marshall / 3 Comments

We will begin with a proposition: “Toys do not make children fat.”  Certainly eating too much makes children fat.  Eating exclusively high-caloric foods makes children fat. Failing to exercise and sitting around playing video games all day can make children fat. Over-indulgent or unassertive parents, who allow their children to develop and continue bad eating and exercise habits, can help children get fat. But toys will not make children fat. Even if the kids eat the toys, they won’t get fat.

Nonetheless, the Center for Science in the Public Interest is threatening to sue MacDonald’s if it doesn’t stop putting little toys in its “Happy Meals.” The “You’re Going To Eat Tofu and Like It!” consumer group has sent a letter to the fast-food company, long a convenient villain for those who want to control our basic right to eat what we want to, giving them due notice that either they take those “Shrek” promotional toys out of the “Happy Meals,” or  it’s “see you in court.” Continue reading →

Obama’s Ethics Foul: A False Pledge

/ Jack Marshall / 13 Comments

Lost in the furor over the insulting “small  people” characterization by BP’s hapless Chairman was a seriously unethical statement by President Obama. If the President is lucky, nobody will remember it. He hasn’t been very lucky lately, however.

As with Hurricane Katrina and President Bush, the Gulf oil spill has subjected President Obama to some unfair public expectations, some of which stem from a basic misunderstanding of Presidential power. (There have also been his genuine failures to meet reasonable expectations based on correct assumptions about Presidential leadership—but that is another topic.) Unfortunately, President Obama brings this upon himself by habitually over-stating his influence over people and events that he can not really control. He did this again, when he announced BP’s agreement to establish a 20 billion dollar fund to address the leaking oil’s damage to the Gulf region, its businesses and its inhabitants: Continue reading →