When Do Private Text Messages Between Two Individuals Justify Punishment?

text

I’d like to say “never,” except that when especially offensive private text messages become public, they aren’t private any more. As with e-mails, any time you send a text message that you know will embarrass you if it falls into malign hands or is seen by righteous eyes, you have authored the means of your potential destruction.

That’s not right, but that’s the way of the world.

Thus a Washburn University Phi Delta Theta fraternity member posted a photo of a man with a topless woman in bed as part of a fraternity text exchange following a chain of crude text messages between frat members. These were obtained by The Topeka Capital-Journal on a slow news day—Wow! Stop the presses! College guys are crude!-–and before you could say “thought control,” the national Phi Delta Theta organization suspended the Topeka campus chapter.

“We are very concerned by the messages reviewed thus far. Phi Delta Theta is a values-based organization and any behavior or statement contrary to those values is subject to significant action,” Phi Delta Theta spokesman Sean Wagner said in a statement. Naturally, the chapter president then grovelled an apology. Continue reading

A Remorseful Prosecutor Apologizes

Above: Glenn Ford Today. L-Ford in 1983 R-The apologetic prosecutor

Above: Glenn Ford Today. L-Ford in 1983 R-The apologetic prosecutor

Now THIS is a #1 Level apology on the Ethics Alarms Apology Scale.

It’s more than an apology, really: it approaches self-flagellation. The tragic aspect of the confession and apology of former prosecutor  A.M. “Marty” Stroud III,  is that no one can really apologize for what he did, not after 30 years. For Stroud was the lead prosecutor in the December 1984 first-degree murder trial of Glenn Ford, who was convicted and sentenced to death for murdering Isadore Rozeman. Ford was innocent, and was finally released a year ago. His is a classic, horror story of justice derailed. Continue reading

Post “Hands Up!” Race-Baiting Accountability Sagas: Antonio French and Taraji P. Henson

French

Thanks to three related factors…

1. The uncritical acceptance of Dorian Johnson’s false characterization of Mike Brown’s shooting by Ferguson Police Officer Darren Wilson, leading to a society-wide condemnation not only of Wilson but police departments across the country and white Americans as racially hostile to young black men, and

2. The fact that police officers have been shooting and killing an awful lot of unarmed black men, young or not, and

3. Inflammatory and irresponsible rhetoric from national and local leaders and elected officials

….we are in a dangerously unstable environment of virulent racial distrust, where the police are regarded as immediately suspect and placed in a defensive posture with a presumption of racism and excessive violence virtually any time an African American is the object of police action, regardless of the circumstances or justification. This is being exploited by those arrested, their families, civil rights activists, elected officials, protest organizers and the news media.

Here are two ugly sagas that illustrate the problem: Continue reading

Fire NYT “Public Editor” Margaret Sullivan

new_york_times_logo

In some professions, an apology isn’t enough.

One such profession is accounting. Arthur Andersen couldn’t fix its reputation by apologizing. Its knee-deep involvement and likely complicity in the Enron debacle rendered its claim to trustworthiness permanently and irredeemable damaged. Its conduct made the company useless as a certifier of transparency and truth. For an accountant or auditor, if there is any doubt that he or she might not be telling the truth, the jig is up. One cannot trust a truth-teller who only is accurate and reliable most of the time.

I think the same applies to newspaper ombudspersons, if that’s the proper term now, and this is what Margaret Sullivan’s job as New York Times “public editor is,” euphemisms aside. She is supposed to bolster public trust by serving as an objective critic of Times reporters, columnists and editors, and ensuring that they hew to the high standards of professionalism and journalism ethics readers should be able to expect from the nation’s most respected newspaper.

Like the Washington Post’s Jonathan Capehart, Sullivan has published a mea culpa for her joining on the “Darren Lewis is a white cop and Mike Brown was an unarmed black kid, so obviously the white cop gunned down the black kid in cold blood because that’s what white cops do and whites want to do” lynch mob last summer as it was being led by Eric Holder, the media, Al Sharpton and others.  But unlike Capehart, who is an opinion columnist and can be forgiven a bit for being led by his biases, Sullivan job is to protect her colleagues from their biases and ensure that the Times at least tries to be objective and fair. Continue reading

“Good Luck In Hell”: Jury Abuse Ethics

12 angry men

 It’s not nice to be mean to juries.

More than that, it’s democracy self-abuse. Juries are the fractals of true democracy, played a crucial role in the intellectual germination of our founding documents  and are as important to the United States’ ideals and core beliefs as any institution.  Citizens contribute their time—okay, some need a little persuading—to take on the massive responsibility of life altering decisions, and despite their fallibility (and look at the rest of the government!) jurors deserve honor and respect.

For lawyers and judges to behave otherwise is not just foolish, it is prohibited by their respective professional ethics rules. Charles Guiteau, who shot President Garfield, was briefly a lawyer. He used to climb into the jury box to yell at jurors. That got him kicked out of the profession, so he moved on to shooting Presidents, which he was better at.

It’s even unethical to berate a former juror, as small firm New York attorney Frank Panetta of Massimo & Panetta  discovered when all of his ethics alarms malfunctioned simultaneously and he sent off the following masterpiece to Lauren Curry, the senior partner in another firm. Panetta is still steamed about a case he lost when a jury found against his client four years ago, and he blames Curry,  who served as his jury’s foreperson. He wrote in an Guiteau-like e-mail, and I swear, I’m not making this up: Continue reading

Ben Carson’s Apology

Prison rapeOn “New Day” yesterday, Dr. Ben Carson, who is inexplicably favored by some as a 2016 Presidential nominee (perhaps because electing someone with virtually no leadership experience has worked out so well), was asked by host Chris Cuomo whether being gay was a choice, Carson replied: “Absolutely.”

“Because a lot of people who go into prison go into prison straight — and when they come out, they’re gay. So, did something happen while they were in there? Ask yourself that question,” Carson said.

This, as anyone who has been conscious over the past 20 years or so should have been able to predict, caused great consternation among the gay community and thoughtful people generally. It was approximately as ignorant as Mets’ infielder Daniel Murphy’s comments yesterday about Billy Bean, a former major league baseball player who is the sport’s “ambassador for inclusion.”  Murphy said,

“I disagree with his lifestyle.I do disagree with the fact that Billy is a homosexual. That doesn’t mean I can’t still invest in him and get to know him. I don’t think the fact that someone is a homosexual should completely shut the door on investing in them in a relational aspect. Getting to know him. That, I would say, you can still accept them but I do disagree with the lifestyle, 100 percent.”

The difference is that Carson may be running for President, whereas all Murphy has to do is get on base and turn double plays, so Murphy saying utterly stupid things like claiming that being gay is a “lifestyle”isn’t all that relevant to his career choice. Actually, I’m not certain Carson’s statement isn’t worse, especially since he’s an educated man. I haven’t seen any surveys in which former prisoners say they have been “turned gay” in prison. We know that a lot of prisoners are raped, and we know that mane confined for long periods with other men and no women may resort to homosexual sex, but no research has suggested that this experience turns such men gay. Perhaps Carson believes that engaging in homosexual sex means a man is gay, which is like believing that a man stranded in the wilderness who survives on mushrooms and nuts is a vegan.

Carson, or whoever is trying to make this sow’s ear of a candidate into a Presidential purse, quickly decided that a retraction was in order, so Carson issued, on Facebook, a long apology, saying in part:

In a recent interview on CNN, I realized that my choice of language does not reflect fully my heart on gay issues. I do not pretend to know how every individual came to their sexual orientation. I regret that my words to express that concept were hurtful and divisive. For that I apologize unreservedly to all that were offended.

I’m a doctor trained in multiple fields of medicine, who was blessed to work at perhaps the finest institution of medical knowledge in the world. Some of our brightest minds have looked at this debate, and up until this point there have been no definitive studies that people are born into a specific sexuality.

He concluded, Continue reading

Case Study In Unethical Journalism And The Unethical Editors Who Spawn It: Jezebel and Editor Natasha V C

Natasha. Jezebel must be so proud.

Natasha. Jezebel must be so proud.

It is obvious that the mainstream media is determined to shoot down Wisconsin Governor Scott Walker by any means possible, because Democrats a) hate him to pieces and b) fear him. The primaries aren’t even underway, and they are already outing their own bias with over-heated criticism of his refusing to be drawn into gotcha questions about evolution and President Obama’s religion (to which he gave essentially the same answer as Hillary Clinton did in 2008: he has no way of knowing for sure), dropping subversive reminders that he never got a college degree, and already are breaching Journalism Ethics 101 principles by running bogus accusations without checking the facts. This will continue—it worked with Sarah Palin and Romney, after all—until the American public figures out what’s going on. I’ll try to help the best I can.

New York Times star columnist Gail Collins, who detests Walker with a passion that apparently obliterates all professional ethics, wrote two weeks ago that Walker was responsible for Wisconsin’s 2010 cuts to education, resulting in teacher layoffs. Walker didn’t take office until 2011. The Times retracted—six days later!—but you know how it works, and so does the Times: a fraction of the readers who read the mistake—this was a reckless, biased, embarrassing mistake—see the correction. The Times is better than Fox News…barely. Collins and her editor should have been disciplined.

Then  the progressive feminist website Jezebel printed this:

“Wisconsin Governor Scott Walker’s proposed budget—which would cut $300 million dollars out of the state’s beloved public university system—has a non-fiscal bombshell tucked in between its insane pages.Under Walker’s budget, universities would no longer have to report the number of sexual assaults that take place on a campus to the Department of Justice. Under Walker’s plan, university employees who witness a sexual assault would no longer have to report it.There are no policy recommendations in Walker’s budget how or what would replace these reporting mechanisms. The Governor simply instructs that they should be deleted.

For those of you who are unfamiliar with the bewildering force that is Scott Walker, know this: he is a small-time guy who is having a big-time moment by playing the conservative werewolf, a role Chris Christie and Jeb Bush are so far unwilling to play in their presidential bids.”

[Translation: “Small time” means “no college degree.” Ad hominem, naturally.]

The Daily Beast, which bleeds blue and has its own stable of wildly left-slanting commentators, uncritically picked up the story, as did many others. They kept it around, too, well after this was revealed: Continue reading

Three Strikes And You’re Untrustworthy: Why VA Secretary Robert McDonald Must Be Fired

McDonald

I was going to post this story as an Ethics Quiz when I first saw it yesterday at the Huffington Post.  The most recent head of the troubled Veteran’s Affairs Dept., Robert McDonald, falsely claimed in a videotaped comment that he served in the Army’s elite special forces. In fact, his military service of five years was in fact spent almost entirely with the 82nd Airborne Division during the late 1970s. The quiz question was going to be whether this alone required his dismissal.

My conclusion: assuming that he only did something like this only once, and it was not a Sen. Richard Blumenthal or a Brian Williams situation involving repeated self-glorifying falsehoods, I would have been willing to let this pass were he not in the position he is in: Secretary of Veterans Affairs. Veterans are justly sensitive on the topic of stolen valor and imaginary service. The last individual to hold McDonald’s job was asleep on the job and betrayed his constituency: they should not be asked to trust a successor who lies about his military service, even once. I understand that this is a tough verdict, and why others could reasonably argue that one casual remark to cheer a homeless veteran should not be a career catastrophe. In fact, as I write that, I’m thinking that I could be persuaded to adopt that position as well.

However, that is not all there is to this situation. For McDonald had already shown a tendency to play fast and loose with facts, perhaps influenced by his boss, who is similarly inclined, and the Vice -President, of course, when he isn’t harassing women. Continue reading

Brian Williams Ethics Train Wreck Update: David Brooks’ Ethics Confusion

Huh?

Huh?

David Brooks’ New York Times op-ed column decrying the widespread criticism of Brian Williams’ serial lying show us that Brooks himself is frighteningly confused regarding such basic ethical values as accountability, trust, trustworthiness and accountability. That’s good to know, don’t you think? Now the question is why anyone in their right mind would care what such an ethically muddled political and cultural analyst thinks about anything.

Yesterday, the Washington Post revealed yet another example of Williams’ fabulism: his bizarre story about roaming gangs at the local Ritz Carlton in the wake of New Orleans’ devastation by Katrina. Never mind, argues Brooks: the problem isn’t with Williams, it’s with his critics.

Brooks’ New Times column begins with a strange, exaggerated and unethically inclusive first paragraph about how  fame drives people to wrongdoing. “The desire for even more admiration races ahead. Career success never really satisfies. Public love always leaves you hungry,” he writes. “Always?” Who is he talking about, himself? The famous people being described here are emotionally and spiritually unhealthy famous people–addicts to fame, narcissists, desperate hostages to celebrity. I have no doubt that Williams fits that description,  but many prominent, accomplished and celebrated people do not. They are known as “trustworthy.” Having impugned many thousands of well-adjusted pubic figures past and present to lay the groundwork for an “everybody does it” defense of Williams (EDI is running neck and neck with the other favorite rationalization being used by Williams enablers: “It’s not the worst thing.”), Brooks attacks anyone not famous who resents being lied to:

“The barbaric part is the way we respond to scandal these days. When somebody violates a public trust, we try to purge and ostracize him. A sort of coliseum culture takes over, leaving no place for mercy. By now, the script is familiar: Some famous person does something wrong. The Internet, the most impersonal of mediums, erupts with contempt and mockery. The offender issues a paltry half-apology, which only inflames the public more. The pounding cry for resignation builds until capitulation comes. Public passion is spent and the spotlight moves on.”

This paragraph is astounding, and embarrassing too. Someone violates a public trust, and the public has the audacity not to trust him any more! What barbarism! Is Brooks even passing familiar with the concept of accountability? Not on the evidence of this drivel, he isn’t. An honorable man or woman in a position of trust who so publicly disgraced himself as Brooks has should immediately and voluntarily resign. Once, long ago, that was the natural, traditional, expected and required response to such a scandal, but this was in the days when celebrity and power was not so frequently accompanied by greed. Williams is paid about ten millions dollars a year, and that’s apparently too much to give up merely to demonstrate integrity, remorse and acceptance of responsibility for wrongdoing, especially when there are allies like Brooks out there ready to shift the blame.

There would be no need to purge someone who has proven themselves untrustworthy in a high position of trust if the individual would be accountable and courageous and purge himself, as he (or she—I’m looking at you, Kathleen Sibelius) is obligated to do. How can Brooks not understand this? The offender offers a “paltry apology,” and Brooks blames the public for correctly concluding that such an offender doesn’t understand the seriousness of what he did, isn’t really sorry, and will do it again. So the “pounding cry for resignation builds until capitulation comes.” Yes, David, that’s the way it’s supposed to work. This isn’t barbarism. This is civilization. This is enforcing standards. This is ethics, this is accountability.

Brooks doesn’t comprehend any of it, apparently:

“I do think we’d all be better off if we reacted to these sorts of scandals in a different way. The civic fabric would be stronger if, instead of trying to sever relationships with those who have done wrong, we tried to repair them, if we tried forgiveness instead of exiling.”

We’d all be better off if we let people who lie to us stay in the position that will allow them to keep lying to us? Continue reading

“Maybe Republicans should just keep their mouths shut whenever rape is being discussed” (Cont.)

To go into the "Gallery of Republicans Who Say Offensive Things About Rape  Making The Whole Party Look Stupid." The sad part is, the gallery is filling up...

To go into the “Gallery of Republicans Who Say Offensive Things About Rape Making The Whole Party Look Stupid.” The sad part is, the gallery is filling up…

I just wrote the quote in the title a couple hours ago, and now this.

Rep. Brian Kurcaba of the West Virginia House of Delegates was involved in the body’s debate over a proposed bill to ban abortions after 20 weeks of pregnancy, and that does not allow an exception in cases of rape. He said:

“For somebody to take advantage of somebody else in such a horrible and terrifying and brutal way is absolutely disgusting. But what is beautiful is the child that could come as a production of this.”

I’m sorry to be uncivil and blunt, but he’s an idiot, the comment is signature significance of a near-clinical deficit of compassion and common sense, and any man this dull should not be allowed within 50 yards of a legislature. Continue reading