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Final Verdict: The Unethical Media Persecution of Herman Cain, and Five Questions for His Critics

/ Jack Marshall / 11 Comments

The media’s relentless coverage of the non-story of Herman Cain’s alleged sexual harassment 15 years ago continues in defiance of all previous standards of journalistic ethics, fairness and decency.It is a disgusting spectacle, yet the number of individuals, including many of my peers, friends and colleagues, who continue to manufacture ways to blame Cain himself for his outrageous treatment continues to grow.  It is almost a full week since Politico published its fact-free hit job, and still there is nothing substantive that would allow anyone to determine with certainty or even probability that Herman Cain did anything other than spark  opportunistic accusations from female employees seeking a swift pay-off. Astoundingly, people who readily assume that Cain was guilty of wrongdoing based on their undefined claims and resulting cash settlements pronounce themselves “shocked” at the Cain’s defenders’ suggestion that the women themselves had no basis for their accusations. Yet that suggestion is at least as supported by the facts, or lack of same, as the conclusion that Cain did anything wrong.

Anonymous sources have been cited as damning accusers without any information whatsoever regarding the nature of the inappropriate conduct Cain was accused of, without any objective determination regarding whether such conduct actually occurred or, if it did, whether it constituted sexual harassment.

Worst of all, and this has been true throughout the episode (which I regard as a journalism scandal rather than a political one), the news stories and news commentary about Herman Cain’s alleged sexual harassment have almost totally neglected to make it clear to readers what sexual harassment is. The story has been repeatedly referred to as a “sex scandal,” which is wrong and misleading: there is no sex in the form of sexual harassment at issue. The so-called charges (there are no charges at this point) are repeatedly being called “serious,” suggesting Cain did something genuinely substantial and wrong, when that is completely unknown. A lot of conduct that can be used to support sexual harassment allegations may be neither intentional nor objectively harmful in any way. The average member of the public who does not deal with the term sexual harassment as a legal term presumes that it always involves so-called “quid pro quo” sexual harassment: a superior’s solicitation of sexual intercourse or other sexual conduct from a subordinate, using threats, direct or implicit, to make the subordinate comply.

This is Bill Clinton-style sexual harassment, which the public heard enough about during the Paula Jones matter to imprint it indelibly on its mind. It is also the kind of sexual harassment usually on display in “Mad Men” and in other fictional venues. The news media knows this, or should know it, so it has an obligation to make clear that this is not what the two women who filed complaints with the National Restaurant Association  alleged, whatever it was that they alleged. This should be done as a necessary component off every single story and piece of commentary about the matter, because to do otherwise is affirmatively misleading.

Cain’s mysterious, undefined, unproven and never-described sexual harassment was what is called “hostile work environment” sexual harassment. Among the conduct that have been held in particular circumstances to constitute “hostile work environment” sexual harassment are using words of endearment or compliments of a physical nature that an employee considers inappropriate, a repeated request to get together socially that an employee considers unwelcome, jokes, songs, non-sexual touching (such as putting a hand on a woman’s shoulder), e-mails including jokes, stories or photos of a sexual or risqué nature, insults with sexual associations, such as “bitch” or “whore,” looks that an individual perceives as leering or uncomfortably intense, an individual repeatedly looking at a woman’s breast, legs or derriere…or an executive encouraging or permitting any of this conduct to occur repeatedly by other employees or, in the case of an association, members or customers. As far as sexual harassment law is concerned, it doesn’t matter whether the offender intended any of this to be disruptive or not, or whether more than one member of the extended staff finds it so.

Is this what the news reports and commentary about Cain’s phantom harassment charges have clearly suggested he was guilty of fifteen years ago? Absolutely not.

I challenge those supposedly fair and unbiased critics of Cain now arguing, in classic Big Lie fashion, that it is his reaction to the misleading and vague allegations that now condemn him, to answer these five questions: Continue reading →

“Everybody Beat A Dead Horse Day” Ethics

/ Jack Marshall / 11 Comments

Cartoonist Jeff Hibbert's conception of Muhammad

I was stunned to discover that “Everybody Draw Muhammad Day,” last year’s mass warped exercise in going out of the way to insult the religious beliefs of fine, upstanding, moral Muslims world-wide,  is supposed to be an annual event. I would have thought that the justifiable abuse heaped on serial Islam-provoker Rev. Terry Jones would have shown the organizers of EDMD the error of their ways (which I correctly pointed out to them here, and here). But no. The self-styled defenders of the undoubted right to use freedom of expression recklessly and badly still claimed to be standing up for the sullied rights of  the “South Park” creators, who last year had their show censored by cowardly and hypocritical “Comedy Central” suits after a threat by some Muslim nut-jobs. For their part, Trey Parker and Matt Stone have happily moved on to the more profitable work of making fun of Mormons on Broadway, because they won’t kill you. Continue reading →

OH NO! Political Correctness Got Me!

/ Jack Marshall / 8 Comments

Late last night as I was battling worry and insomnia, my TV remote transported me to the Cartoon Network where I encountered, for the first time  in 40 years, a minor Hanna-Barbara animated series called “The Perils of Penelope Pitstop.” Like all Hanna-Barbara shows, but especially the Saturday morning variety, “Penelope” was crudely drawn and aimed its humor at the lowest common denominator: compared to it, Woody Woodpecker is Faulkner. Drawn in by the comforting sounds of great vocal artists of the era like Mel Blanc and Paul Winchell, however, I watched about ten minutes of the show and realized, to my horror, that I now found it offensive…and not for the reason that I found it annoying in 1970 (it is, after all, moronic).

The plot of  every episode of “The Perils of Penelope Pitstop” (a spin-off of H-B’s more successful but just as repetitious and silly “Wacky Racers”) was the same. A female auto racer who is also a blonde, helpless bimbo with a Southern accent is stalked by a villain called “The Hooded Claw,” voiced by the great Paul Lynde.  The Hooded Claw, for no discernible reason,  concocts elaborate plots to kill Penelope, but is foiled, at the last second, every time. The cartoon is an obvious riff on “The Perils of Pauline,” the famous Pearl White silent movie cliffhanger serial in which each segment ended with the heroine tied to a railroad track or falling to earth dragging a collapsed parachute. Yet I found it impossible to appreciate the cartoon’s meager charms because of the loud clanging of  ethics alarms in my brain. Why is the only woman in the show portrayed as a walking, talking Barbie Doll? And why are kids being encouraged to laugh at a woman being stalked by a homicidal maniac? Because he’s an inept homicidal maniac? What could possibly be funny about stalking, an insidious phenomenon that every year leads to multiple murders?

“Oh my God,” I thought. “I’m politically correct!” Continue reading →

Hypocrisy of the Year: The Islamophobic New York Times Company, Washington Post, Et Al.

/ Jack Marshall / 8 Comments

The New York Times, as well as the Washington Post and other major newspapers, have piously condemned those who raised objections to the proposed Islamic center in Manhattan, near the site where nearly 3,000 Americans met their death at the hands of Islamic extremists. The Times, the Post, their fellow papers and many of their columnists and bloggers proclaimed that a peaceful religion was being smeared by bigoted Americans and political leaders smitten with “Islamophobia.”

Then, on October 3, a Sunday installment of the prize-winning comic strip “Non Sequitur” was censored from the pages of the Post, the Times-owed Boston Globe (the Times itself has no cartoons) and almost 20 others. The strip, you see, jokingly suggested that an image of Muhammad the Prophet, which strict Islamic principles decree must never be shown or ridiculed under threat of a fatwah, might be hidden among the depicted happy characters in the manner of the “Where’s Waldo?” children’s books. Continue reading →

Ethics Train Wreck Update: “Everybody Draw Muhammad Day” Claims Its Inevitable Victim

/ Jack Marshall / 15 Comments

When the self-righteous cartoonists of the U.S.A. decided that gratuitously insulting the entire Nation of Islam, moderates and radicals alike, through a pointless April 20 “protest” that required posting thousands of drawings of the Prophet online, I pointed out, to no avail, that this was an irresponsible act with no accountability, and thus cowardly. The Islamic extremists that started this train wreck by threatening the lives of the “South Park”  creators over an episode that pretended to have an image of Muhammad couldn’t attack everyone, so it was completely predictable that they would focus their fury on Molly Norris, the Seattle cartoonist whose satirical drawing coined the phrase “Everybody Draw Muhammad Day.”  And they did. A fatwah has been issued against her, essentially placing her on a death list, and Norris is now in hiding, at the urging of the F.B.I. She has to create a new identity, and may live in fear for the rest of her life.

This is the only tangible result of “Everybody Draw Muhammad Day”—the devastation of the life of the young woman who drew a clever cartoon, and then urged everyone not to make her satiric invention a reality.  Oh, it probably lost America some support among more rational Muslims too, much as the threatened Gainesville Koran-burning would have. I suppose it demonstrated widespread support for columnist Richard Cohen’s fatuous “Americans have a duty to follow through on any offensive use of the First amendment if anyone objects to it, no matter how unnecessary, destructive or thoughtless it may be” argument. I submit to you that neither of these excuse what “Everybody Draw Muhammad Day” did to Molly Norris, and those who organized and participated in the April 20 protest share responsibility for her current plight, and, if she is assassinated, her death.

The current ethics verdict on other key train wreck participants: Continue reading →

Rev. Jones and the “Everybody Draw Muhammad Day” Supporters: Explain the Difference, Please

/ Jack Marshall / 26 Comments

Now that a mad Florida Pastor, Terry Jones, has taken the twisted logic of that addled demonstration to the next step, planing a Koran-burning to show “we will no longer be controlled and dominated by their fears and threats,” I’d like to hear how those who set out to stick a finger in the eye of Islam by drawing its prophet can justify condemning Jones, when he plans to stick in his whole thumb. Continue reading →

Ethical Standards, Not Laws or Regulations, Must Enforce Broadcast Civility

/ Jack Marshall / 1 Comment

A federal appeals court just struck down controversial the Federal Communications Commission policy on indecency, ruling that regulations barring the use of “fleeting expletives” on radio and TV were too vague and could inhibit free speech….even if that free speech was smutty.

Good. Continue reading →