“bait and switch”

Comment Of The Day: “Your NFL Anthem Protest Ethics Train Wreck Update: Incompetent Quotes”

/ Jack Marshall / 111 Comments

…or, in the alternative, are you ready for some vague, annoying protest by a scattering of players during the National Anthem, and THEN some football?

This Comment of the Day is from me, Jack Marshall, blog proprietor and moderator. 

I just finished writing it in response to a comment that I almost described as another incompetent quote; my comment begins with it. But that’s not really fair. What prompted this indeed is a spectacularly wrong quote, but still a useful one. This is the value (I hope) of discourse here. Even wildly misguided debate points can enlighten. This one enlightened me: now I know that the supporters of the NFL Kneelers are, beyond question, not processing reality, either out of confusion or ideological fervor. Their position does not make sense; it’s as simple as that.  I have to read a clear, purposeful expression of a bad argument sometimes to understand what exactly is so wrong with it.

This is a depersonalized version of what I just wrote in the comment thread, which was a bit mean. (It also had some typos, which I think I fixed, and a couple of other edits.) Luckily, I know that the recipient, unlike some people, won’t sue me for hurting his delicate feelings, if in fact I did.

Here is my Comment of the Day on the post, Your NFL Anthem Protest Ethics Train Wreck Update: Incompetent Quotes:

“Since when do one’s “deeply held convictions” give one the right to force others to live by them? No NFL viewer’s deeply held convictions are meaningfully threatened by this silent protest. They remain free to show respect to the flag in whatever way feels right to them. You are the one advocating for a restriction of the NFL players’ freedom of expression. And while that restriction is legal, it is neither ethical nor necessary. It is, in fact, petty and stupid.”

This is, honestly, willfully or naively obtuse.

The NFL players ARE restricted by the nature of their work and the business they work in. This is so simple.

I am a perfect example of the problem you seem incapable of grasping. I am the Customer. I go to entertainment, like everyone else who does, to be entertained. I do not go to be involuntarily shamed, “Woked”, harangued, persuaded, bitched to or proselytized, silently, verbally or symbolically. I’m not paying for that, and it interferes with my enjoyment, both substantively and as a matter of principle. If said entertainment advertises that “before the game/show.performance, the captive audience will be subjected to a brief but heart-felt statement by the players/actors/performers regarding [IT DOESN’T MATTER], I appreciate the candor, and I’m not buying a ticket. If establishments that grants me admission in exchange for my attention, patronage and hard-earned cash,  pollutes my entertainment by allowing  this non-entertaining content without notice, I regard it as a breach of our deal.

Remember, I ran a professional theater company, successfully, for 20 years. And the nice, often progressive actors, board members and staffers were always asking that we have a “curtain speech” urging the audience to contribute for this cause or that crisis, AIDS research,  to help a member of the theater community who had been attacked by wolves or something equally terrible, or even to raise money for my company. My answer was always the same.

NO. NEVER. We do not take advantage of our audience that way, and exploit the fact that they are seated expecting a performance to force a lobbying effort on them, and it doesn’t matter if I agree with the cause or not. It’s wrong, It is in fact, the Saint’s Excuse. (Everybody Does It was also often cited.)

I wasn’t limiting anyone’s freedom of expression then, and no one is advocating restriction of the NFL players’ freedom of expression now. They can say and write whatever dumb (or not) thing they choose when they are not doing the job their employer is paying them to do. Continue reading →

Ethics Dunce: West Virginia Governor: Jim Justice

/ Jack Marshall / 33 Comments

Gov Justice went to a Republican rally, and all he got was this T-shirt…seemed to fit, though…

I’ve written about party-switching by elected officials before; unfortunately, it was on the old Ethics Scoreboard, which is temporarily in limbo thanks to an incompetent web hosting service and some corrupted old disks. I can summarize the proper ethics standard for the practice, however. It was demonstrated perfectly by the  now retired former Republican U.S. Senator from Texas, Phil Gramm. Just days after  he had been reelected to a House seat  as a Democrat in 1982, Gramm was thrown off the House Budget Committee in a dispute with party leadership. In response, Gramm resigned as a Representative, changed parties, and ran for his old seat as a Republican in a special election. He won easily, and  was a Republican ever after. That’s the honorable way to do it.

Or, you could be like West Virginia Governor Jim Justice, who announced that he was flipping  from the Democratic Party to the GOP at last night’s  rally with President Trump. Continue reading →

From The “Why We Can’t Trust The News Media” Files: The Megyn Kelly- Alex Jones Interview Fiasco

/ Jack Marshall / 5 Comments

Here is the sequence of events:

1. Newly minted NBC “star” Megyn Kelly announced that she would be interviewing infamous right wing political troll and conspiracy theorist Alex Jones on a segment of her new show.

Jones is a fringe media figure and a proven liar, but he has been cited positively by President Trump, and has successfully caused some wide-spread comtoversy and offense, such as when he claimed that the Newtown massacre was a hoax. There is nothing wrong with interviewing such figures; indeed, it is important to interview them. provided ethical journalism standards apply.

Unfortunately, as this episode demonstrates, journalists no longer know what those standards are.

2. In order to persuade Jones to agree to the interview, Kelly promised him—Jones had a tape—that he would be treated fairly. Note: when you tell someone they will be treated fairly in order to have him trust you, your definition of “fair” must be his definition of “fair.”  If he is thinking, “Ah! She will be neutral rather than adversarial, and will not be looking for gotchas!,” but she meant, “It’s fair that I fillet you like a trout, you bastard!” then the interview subject has been deceived.

3. The parents of the victims of the Newtown shooting, as well as their sympathizers and allies, protested the interview, as I wrote about here, saying that NBC was giving Jones a platform. Sympathy and grief are not excuses for censorship. The fact that the parents hate Jones suggests that they shouldn’t watch him be interviewed. They should not seek to interfere with my right to see how he presents himself, and companies (like J.P Morgan) that responded to the threatened boycott by pulling their ads told me that they will go as the winds blow, no matter how totalitarian the direction it might be.

Good to know. To hell with them.

4. New York City Mayor Bill de Blasio, speaking of progressives with muddled values,  wanted NBC to pull the segment.. The NBC affiliate in Hartford refused to air the episode because the “wounds of that day that have yet to heal.”

Yes, by all means, journalists should never report news or do stories that might upset anyone.

5. Showing the integrity of a sneak-thief, NBC and Kelly furiously re-cut the interview and added a segment in which some Newtown parents could attack Jones.

6. Before the interview aired, Alex Jones released audiotape showing how egregiously Kelly misled him.

7. The interview aired last night, and reviewers were satisfied that Kelly was “tough enough” with Jones, and signaled with her voice, facial expressions, tone and questions that she thought he was scum. “Short of waterboarding him,” one critic wrote, “I don’t know what more Kelly could have done to expose Jones’ dark methods.”

Ugh.

Ethics Observations: Continue reading →

Comment Of The Day: “More Ethics Observations On The United Flight 3411 Ethics Train Wreck”

/ Jack Marshall / 10 Comments

Public discussion and media reports is finally waning regarding United’s cascading botch of a full and fully seated flight in which the airline wanted to get four seats back and had neither the law, nor policy, nor sufficient justification to acquire them. Thus its agents lied, exceeded their authority, mistreated a passenger, called in police, and they further escalated the fiasco, badly injuring the victim in the process. (Their conduct was similar in some ways to that of the police officers who killed Eric Garner.)

Even now, however, many people still believe this arose from an overbooked flight. Some misguided pundits are still blaming Dr. Dao. The news media has not taken responsibility for its terrible reporting on this incident, and still hasn’t done a good job explaining what really happened. Meanwhile, Delta has taken advantage of United’s pain by announcing that it will pay up to $10,000 to bumped passengers in the future. And Southwestern won itself an all time record for audacious cheekiness with the above ad, which United deserves. [UPDATE: Apparently this is a hoax, not a real ad. Too bad.]

Here is brian’s Comment of the Day on this ethics train wreck in the sky:

The I don’t think you’re being overly cynical here. I have seen multiple responses from media, politicians, and the CEO all following the basic pattern, propose solutions that do not address what went wrong. A handful of employees acted incompetently, and United (and probably most airlines) didn’t think through their carriage contract, police were ill trained, and the culture of United is horrible in general. But instead of addressing any of those issues, they all have motivated reasons to misconstrue the issues and offer ‘solutions’ to problems that don’t exist.

Things that could be done:

1) CEO comes out and says we are going to train and empower our staff to deal with more and varied types of situations as they arise. We also recognize that our current customer facing staff do not have the appropriate level of customer service training, which is entirely the fault of management. We are going to fix this starting now. We have pulled together XYZ resources and will be meeting weekly for the next 12 weeks to generate a comprehensive plan to begin changing our culture. You can expect an interim report in 4 weeks.

2) CEO says, we are going to set up a true reverse auction, paying cash, for all situations when we have to either remove or deny a paying customer due to reasons beyond their control. We will train all gate staff and front line managers on how to conduct this easy and straight forward auction. We should have been doing it already, because the value of the additional seats we can sell by overbooking far outweigh the costs we incur from the small portion of riders who we must justly compensate for any inconvenience.

Continue reading →

More Ethics Observations On The United Flight 3411 Ethics Train Wreck

/ Jack Marshall / 39 Comments

Yes, Ethics Alarms was able to find a photo of an actual plane-train wreck.

Observation 1.

This was all due to moral luck

If  four passengers had taken the United offer to surrender their seats, or if the passenger selected by the agent had complied, grumbling quietly, we would neither know about this horrific episode nor would anyone be talking about it. Yet the United employees would still have lied, and would still have abused United customers. They just didn’t get away with it, that’s all. They were unlucky.

Good.

Observation II

NOW passengers are informed.

Fine print is technical disclosure, but especially in the era of electronic ticketing, not actual or ethical disclosure. Before this episode, most flyers didn’t know what they had agreed to regarding overbooking, nor were they even aware that there was such a thing as “involuntary bumping” A lot more are aware now. From travel site One Mile At A Time:

When an airline knows that a flight is likely to be oversold, they’re required to solicit volunteers. Sometimes airlines will ask at check-in, and other times they’ll ask at the gate. When it comes to a voluntary denied boarding there are no regulations as to what you get….

When airlines can’t find volunteers and still have more passengers than seats, they need to involuntarily deny people boarding. Every airline has a clause in their contract of carriage allowing them to do this. Furthermore, airlines all have procedures they use for determining who gets bumped. Some airlines bump the people who don’t have seat assignments. Other airlines decide based on who checked in last. Others decide based on status and the booking class you have.

Do note that the number of passengers being involuntarily denied boarding was at a 20 year low in 2016. Out of roughly 660 million passengers last year, only 40,000 were involuntarily denied boarding, which is roughly 0.6 involuntary denied boardings per 10,000 seats.

If you’re involuntarily denied boarding, the Department of Transportation regulates what you’re entitled to. Here are the rules, as published by the DOT:

  • If you are bumped involuntarily and the airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one hour of your original scheduled arrival time, there is no compensation.
  • If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to 200% of your one-way fare to your final destination that day, with a $675 maximum.
  • If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (400% of your one-way fare, $1350 maximum).
  • If your ticket does not show a fare (for example, a frequent-flyer award ticket or a ticket issued by a consolidator), your denied boarding compensation is based on the lowest cash, check or credit card payment charged for a ticket in the same class of service (e.g., coach, first class) on that flight.
  • You always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an “involuntary refund” for the ticket for the flight you were bumped from. The denied boarding compensation is essentially a payment for your inconvenience.
  • If you paid for optional services on your original flight (e.g., seat selection, checked baggage) and you did not receive those services on your substitute flight or were required to pay a second time, the airline that bumped you must refund those payments to you.

As you can see, in many cases you’re entitled to a sizable cash payment, up to $1,350. However, here’s the dirty secret of the airlines. In a vast majority of cases they’ll only offer cash compensation if you specifically ask for it. Otherwise they’ll offer you the same voucher they gave anyone who was voluntarily denied boarding.

Note, however, that none of this involves taking people who have already been seated off of the plane. That’s because bumping doesn’t work that way, and also because the United flight in question wasn’t overbooked, as discussed below. Continue reading →

The NBA’s Unethical, Unavoidable, “Bait And Switch”

/ Jack Marshall / 31 Comments

For a second consecutive Saturday, ABC’s  Saturday prime time NBA game was a pre-rigged dud. The LA Clippers blew out the supposedly star-studded Cavaliers, 108-78, as chants of “We want LeBron” echoed through the arena. The three super-stars that make Cleveland an NBA powerhouse,  LeBron James, Kyrie Irving and Kevin Love, were all kept out of the game, not because they were injured,  but because Cleveland coach Ty Lue had decided to rest his “Big 3” in the first of back-to-back games. Sure enough, all three played against the Lakers the next day.

It has become standard practice in the NBA for play-off bound teams to rest stars for “strategic purposes,” meaning that in a league where more than half the teams make the play-offs and the regular season is little more than an exhibition for most of them, it makes no sense to blow out the stars until a championship is on the line.  The NBA, in short, has no integrity. (Neither does the National Hockey League, for the same reason.) The previous Saturday, the San Antonio Spurs blew out the Warriors, 107-85,  as Golden State fielded a  JV team, with Stephen Curry, Draymond Green and Klay Thompson all on the bench. Yet NBA’s new nine-year, $24 billion media rights deal with ABC, Disney and Turner Broadcasting included Saturday Primetime along with  the TNT Thursday Night NBA game and ESPN’s Wednesday and Friday night broadcasts, to showcase the best of the NBA. (Most of the NBA teams never make it to the Saturday ABC game.)

Shouldn’t that kind of money guarantee that the teams put their best players out on the court? NBA fans also typically shell out three figures for tickets. Doesn’t the league pull what is in essence a bait and switch by allowing a game to be treated as a virtual forfeit? Continue reading →

The Daily Beast’s Nico Himes Tricks Gay Olympian Athletes Into Revealing Themselves And Their Sexual Orientation To Him…And His Editor Sees Nothing Wrong With That [UPDATED]

/ Jack Marshall / 11 Comments

_Sex-in-VillageThis is another one of those stories that makes me wonder it it’s time to switch fields. My current one feels especially futile this week.

The sleazy feature story from the Daily Beast’s Nico Hines was about how Olympic athletes were hooking up for hot, sweaty, muscle sex in Rio. Hines writes…

“Perhaps the question most people have is: How do the rest of us get an invite? Can an Average Joe join the bacchanalia?”

That’s right: that’s what most people think about when they watch the Olympics. Good lord. The creep continues:

After 60 minutes in the Olympic Village on Tuesday evening, I’m surprised to say that the answer is “yes.”Armed with a range of dating and hookup apps—Bumble, Grindr, Jack’d, and Tinder—your distinctly non-Olympian correspondent had scored three dates in the first hour. Athlete profiles on the various apps during my short exploration included a track star, a volleyball player, a record-holder in the pool, a sailor, a diver, and a handball player.

There is one teeny ethics problem. Well, several. The obvious one is that he wasn’t looking for real dates, just trying to see if he could attract some. That’s deception. It is an obvious Golden Rule breach, as well as misconduct in any other ethical system. It is like advertising a job opening to write a story about how many desperate unemployed people apply for job openings. How dead do your ethics alarms have to be not to instantly understand this? Well, as dead as Nico’s and the Daily Beast’s, I suppose.

Here’s the smoking gun quote:

For the record, I didn’t lie to anyone or pretend to be someone I wasn’t—unless you count being on Grindr in the first place—since I’m straight, with a wife and child. I used my own picture (just of my face…) and confessed to being a journalist as soon as anyone asked who I was.

Isn’t that great? Nico didn’t lie, except to suggest that he was looking for sex when he wasn’t, or pretend to be someone he wasn’t, other than pretending to be gay by the very fact of posting on Grindr, a gay social media site that exists so gay men can find other gay men seeking hook-ups.

Continue reading →

A Bait-And-Switcher Is Called To Account

/ Jack Marshall / 15 Comments

Reliant

Our small ethics training and consulting business always has cash flow worries, so when an offer arrived from Reliant Funding promising a quick line of credit, my business partner and COO–also known as my wife—leaped into action. She checked up on the outfit, and all indications were that they were legit. Comments about them on the web lacked any red flags.

Then she called the number listed to apply for the loan, a process promised to take “hours not days,” and activate the loan card, which looked like a credit card with my name on it. Our representative was articulate and informative, and prospects looked rosy. Then my wise COO, herself now crippled by the business curse, ethical thinking, heard  “Steve” say ProEthics could probably get a $10,000 loan. She immediately and curtly said that she would have to call him back.

“This mailer says that a $41, 739 loan was pre-approved. She said. He said the most we could get was $10,000. That mailer is a lie!”

“Correctamundo!” I ventured.

Now Steve was in trouble; you don’t want to cross Grace. Really. She called Steve back, and went on the attack: Continue reading →

Ethics Dunces: “The Walking Dead”

/ Jack Marshall / 28 Comments
Fool me once, shame on you...

Fool me once, shame on you…

The producers and writers of  AMC’s “The Walking Dead” must be all puffed up with pride, squeezing three weeks of artificially-goosed ratings by faking the death of a major character and then bringing him back safe and sound tonight as blithely as they used to do with Pearl White in the old “Perils of Pauline” serials after the previous episode ended with a buzz-saw  inches from bisecting her, or with a speeding locamotive yards away with Pearl lashed to the tracks. (No, damn you, I’m not THAT old!)

Well, they can be proud without me. I don’t appreciated any show treating me like a fool, and that’s exactly what “The Walking Dead” did with this cheapest of cheap stunts. This is drama, not “Die Hard,” not “Days of Our Lives,” and not Gilbert and Sullivan. Silly resolutions of crises are expected in those and other genres, and an audience is forewarned and consents to the absurdities to come; it’s part of the fun. “The Walking Dead,” in contrast, has presented itself as an uncompromising, raw, nihilistic survivalist study of a hopeless and deadly world where death is lurking everywhere, and even heroes (who are barely heroes anyway) aren’t safe. It is the constant threat of a horrible death that give the show its legitimacy and its characters weight.

Take that away, and the the show is pointless gore, just a special effects exhibition with a repetitious plot attached. I know most people don’t demand integrity from their elected leaders or their entertainment, but I do. The producers and writers of “The Walking Dead” think lying is cute and profitable. I supposed its ovine fans will prove them right.

I say its unethical, and I say to hell with them.

Update: Actor Steven Yuen, who plays the now miraculously alive character, said after the show aired:

“I think it proves that this world still can take that story of the good guy winning sometimes. I really like the fact that it’s not this bent of always seeking out something miserable happening on television or something terrible and sulking on that and rather just really accepting the fact that sometimes good guys survive.”

Baloney. What this proves is that this world, which knows that good guys die all the time, can be gulled into caring about the demise of a fictional character as if that character is worth caring about, when it is is in fact just a tool of commerce and emotional manipulation by a creative force that has no interest in any artistic or philosphicaltruths, only a cynical commercial one.

 

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 4 of 4)

/ Jack Marshall / 31 Comments

mamoru-samuragochi2

Outrageous Hoax Of The Year

Mamoru Samuragochi, the composer sometimes known as “The Japanese Beethoven” because he composed critically acclaimed works despite being deaf, was exposed as double fraud: he didn’t compose the works that made him Japan’s most popular classical composer, and he isn’t even really deaf!  Samuragochi hired a musical ghostwriter named Takashi Niigaki to compose more than twenty compositions for Samuragochi since 1996.

Funniest Outrageous Hoax

Fake Panda

This.

Unethical Artist Of The Year

Performance artist Maximo Caminero, who  walked into the Pérez Art Museum in Miami, entered a special exhibit of sixteen ancient Chinese vases painted over in bright colors by celebrated Chinese dissident artist Ai Weiwei, picked up one of them, and immediately after a security guard instructed him not to touch the exhibit, allowed the vase to fall from his hands, shattering into bits. Caminero admitted that smashing the pottery, which was valued at a million dollars,  was intentional, and was his protest against in support of local artists like himself whose work is not exhibited at the museum while the art of international artists like Weiwei is.

Unethical Veterinarian Of The Year

Fort Worth, Texas veterinarian Lou Tierce lost his license for five years as a result of, among other transgressions, his telling the owners of a Leonburger (it’s a very big dog) that their pet was terminally ill and had to be euthanized, then secretly keeping the dog alive in a small cage so he could use Sid’s blood for transfusions to Dr. Tierce’s other canine patients. Eventually an assistant at the clinic blew the whistle and alerted Sid’s owners, who rescued their dog and sicced the law on the worst veterinarian since Dean Jones menaced Beethoven.

Unethical Doctor Of The Year

Dr. Nancy Snyderman, NBC’s medical expert, endangered the public by defying a voluntary quarantine for possible Ebola exposure,  because she just couldn’t bear to be without her favorite soup.

Scam of the Year

Jonathan-Gruber-1

The Affordable Care Act.

 Unethical Federal Agency Of The Year

The Secret Service. Lots of competition in this category: the Veterans Administration, the I.R.S., the CDC, the Justice Department, NSA…but when you essentially have one job to do and do it badly, sloppily carelessly and dangerously, there’s really not much more to say Continue reading →