Comment of the Day: “Ethics Train Wreck Extra: the Lawyer, the Advisor, and the Kennedy”

Let's give a warm, Ethics Alarms welcome to attorney MAX KENNERLY!

Max Kennerly, the attorney who has argued that Sandra Fluke could legitimately sue talk show host Rush Limbaugh for his on-air insults, rebuts the Ethics Alarms post finding his argument disturbing. I’ll have a response at the end. Here is his Comment of the Day on “Ethics Train Wreck Extra: the Lawyer, the Advisor, and the Kennedy”:

“Who said anything about “silencing?” Defamation is a civil claim that, when proven, results in a monetary judgment, nothing more. Limbaugh’s still free to say what he wants.

“I assume your response to the “it’s not silencing” argument is something like, “he’s not technically silenced, but his speech is chilled.” To that, I ask which scenario is more chilling: Continue reading

Ethics Hero: —Wait For It—Rush Limbaugh!

No, not for that!

For this:

Odd...one would think that a bed company would be familiar with this expression. Well, NOW it is!

After Rush Limbaugh’s personal attack on Sandra Fluke for her testimony before some House Democrats generated furious backlash and activist threats of boycotts of his sponsors, Sleep Train, which calls itself  “the No. 1 Bedding Specialist on the West Coast, and most recognized mattress retailer in the region,” announced that it was ceasing its advertising on Limbaugh’s daily radio show. It had been a national sponsor for 25 years. “As a diverse company, Sleep Train does not condone such negative comments directed toward any person,” the company said in a statement. “We have currently pulled our ads with Rush Limbaugh.”

Sleep Train is, to use the vernacular, a corporate worm. It began advertising with Limbaugh when it was a small company, and he has treated it well. At a moment when the talk show host was under attack by political opponents who want to get him off the air and be free of influential political commentary that often spears their cherished objectives, the company not only abandoned Limbaugh but kicked him when he was down. It was also deceitful about it: while it’s announcement sounded unequivocal, in fact it had only suspended its ads rather than withdrawn as a sponsor. Continue reading

Ethics Train Wreck Chronicles: Villains, Victims, Hypocrites and Unlikely Heroes In the Contraception / Limbaugh / Fluke Debacle

If this isn’t the Ethics Train Wreck of the Year, we have something truly horrible in store for us down the line. A no-so-brief brief re-cap:

  • The Obama Administration announces that church-run institutions like hospitals and universities will still be required to offer insurance coverage for abortions, sterilizations and other medical matters that might be in direct opposition to church beliefs. It’s a cynical move, designed to cater to the Democratic base at the expense of religious institutions. It is also irresponsible, since it jeopardizes the huge proportion of medical services performed by church institutions.
  • Conservatives scream that the measure is a breach of religious freedom. The is either ignorant or a lie. The Constitution has no provision requiring the government to make special accommodations for churches or church-operated institutions.
  • Caught by surprise by the intensity of the backlash, the Administration crafts a “compromise,” which is essentially deceitful sleight-of-hand, form over substance. The insurance companies now have to provide those services but the religious institutions don’t have to pay for it. But of course they will, through increased premiums elsewhere.
  • Flagging the deceit, Republican attacks on the measure continue. Democrats successfully frame the debate as a conservative attack on contraception, which it is a misrepresentation, and a “war on women,” which is ridiculous and unfair. The issue is churches being forced to provide or pay for services that violate their faith—which the government has every right to do.
  • The controversy activates GOP presidential candidate Rick Santorum, who is a fringe extremist in sexual matters and toes the Roman Catholic line. He really thinks birth control is immoral. This position, which is unethical, is suddenly given exposure it doesn’t deserve in the 21st Century Continue reading

Unethical Quote of the Week: Slate’s J. Bryan Lowder

“What’s more interesting is his complete refusal to recognize that the uproar around his statements isn’t just about name-calling, but rather his offensive misunderstanding of the importance and uses of birth control. As I wrote on Friday, Fluke’s own testimony was not about her sex life, but rather the painful experience of watching a friend who was forced to have an ovary removed because she couldn’t afford the pill, which, of course, has many medical uses aside from contraception. Many women depend on birth control, not for “social activities,” but for their basic health. And it is in light of his abject ignorance of female biology that Limbaugh’s willingness to demean a woman becomes truly outrageous. This apology only brings that ignorance into sharper relief”

—-Slate blogger J. Bryan Lowder, arguing that the outrage over Rush Limbaugh’s attack on law student Sandra Fluke was not just  because of his cruel and inappropriate denigration.

"Yeah, yeah, the name-calling wasn't cool, but what really ticks us off is that you don't acknowledge that we're right and you're wrong!"

Perhaps I ought to applaud Lowder for his candor, but if sincere, then this is an admission that some of the furious effort to punish and silence Limbaugh is motivated by his opposition to Fluke’s position—that contraception must be paid for in church-run institution health plans. Reminding readers that I a) wrote that the Administration was correct to require such institutions to obey the current laws like everyone else, and b) believe that Limbaugh crossed all lines of decency, fairness and civility in his attacks on Fluke, I find Lowder’s statement a blatant admission that he and his political allies aim to purge dissenting opinions from the media and the public square through intimidation, as well as a confession that the outrage over Rush’s insults was, at least by those who think like the blogger, a cover for the real objective: punishing someone for not bowing to progressive cant. Continue reading

Albert Pujols, Stan the Man, and the Shameless Jeremy Lin Censors

THIS is "El Hombre." Stan's Polish, by the way. Do you care? Does the Asian American Journalists Association?

If you don’t know who Albert Pujols is, you should: he’s probably the best hitter in baseball, a slugging first baseman whose career so far has already guaranteed him a spot in baseball’s Hall of Fame. Over the winter he left his original team and the city that worshiped him, St. Louis and its Cardinals, because, though the team he professed to “owe everything” offered him a deal that would guarantee that his great-grand children could be beach bums all their lives, a team in Southern California, the Angels, offered him even more, so he can light his cigars with C-notes and pave his driveway with gold.. I think elevating money over every other value to that extent is an unethical and culturally corrupting choice, and said so at the time.

Now Albert has re-endeared himself to me  by publicly objecting to the Angels’ pre-season promotional campaign calling him “El Hombre.” “What?” you say. “I thought you have been condemning political correctness in the discussion of athletes with ethnic identities! Don’t you think it’s ridiculous for Pujols, who is of Hispanic descent, to object to a nickname that plays on his heritage?” Indeed I have been condemning such political correctness and over-sentivity, and still do. But that isn’t why Albert is objecting.

Back in St. Louis, you see, they also tried to call Pujols “El Hombre,” in a deliberate evocation of the city’s most famous and celebrated slugger, the great Stan “The Man” Musial, one of the best and most admirable players in baseball history. Pujols put a stop to it. There was only one player in the city who could carry the title “The Man”, he said, and that was Musial, who is alive and in his 90’s. Just saying “the Man” in a different language didn’t change the fact that the honor was Musial’s, and shouldn’t be taken  away. Stan Musial was and is “the Man;” Pujols respected that, and defended it Continue reading

Facebook’s Weird Ethical Standards

I know, they're too small to read. Never mind; they also don't make any sense

The idea of Gawker, a website that shares the ethical standards of the seamier denizens of “Rick’s” in “Casablanca,” doing a legitimate ethics expose gives me a brain cramp, but the gossip site has given a platform to a Facebook whistleblower, sort of.

I say “sort of,” because knowing Gawker, I wouldn’t be surprised to learn that he was paid to rat out his former employers-once-removed (he was hired by  Facebook’s outsourcing firm that handled his training—oDesk), making him ethically less of a whistleblower than a candidate for Gawker’s editorial board. The argument, I suppose, would be that a dollar an hour, which is what Gawker’s source says was his princely reward for doing Facebook’s dirty work, shouldn’t buy much loyalty and confidentiality, if any. Ethically, that’s false: you are obligated to abide by the terms of bad deals if you voluntarily agree to them. Practically speaking, it is true. A worker a company exploits is likely to harbor more animus than good will, and it isn’t the happy workers who blow whistles. Fine: neither Gawker’s source nor Gawker are ethically admirable. On to Facebook.

The whistleblower is Amine Derkaoui, a 21-year-old Moroccan who was recruited by an outsourcing firm to screen illicit Facebook content. This is what he was paid a dollar an hour for, which, when one considers the news reports flying around recently about how rich Mark Zuckerberg is, and after the company filed its record $100 billion IPO, seems unequivocally exploitive. His real exposé, however, involves what he was paid to do, which was to be Facebook’s censor. Derkaoui supplied Gawker with a bootleg copy of part of Facebook’s abuse standards, which lays out what the company believes is appropriate and what it believes should be banned from the web. Thus it is Facebook’s morality, revealing the ethical standards that the company embraces. Continue reading

The Broadcast Media’s Golden Rule: “Do Unto Others What You Will Use Cronyism To Stop Others From Doing Unto You”

Two Denver TV stations are feuding, and why? Because one of them refused to allow the other to suppress news footage that was embarrassing to a news anchor.

On February 8, KUSA-Channel 9 news anchor Kyle Dyer was interviewing the owner of Max, an 85-pound Argentine Mastiff, and the firefighter who had rescued the dog from an icy pond. I saw the video. Dyer had me wincing throughout the interview, showing herself to be the most dangerous kind of dog lover, someone who is fond of animals but naive and ignorant about their behavior.  She kept rubbing the dog’s ears and face during the interview, and the mastiff was obviously stoic but stressed by the strange environment, the cameras, and this women talking and running her hands all over him.  Mastiffs are gentle dogs, but very shy;  it was clear to me that Dyer was not according sufficient respect and caution to a powerful creature. As the interview ended, she suddenly moved in to kiss the dog on the muzzle, and the dog reacted defensively, biting her on the face and taking off part of her lip. She was seriously injured, and she had to have 75 stitches. Continue reading

Forget About “Minority Report”—The Sure Fire Way To Stop Pre-Crime Is To Round Up Newt Gingrich Supporters

Forget those psychics in the pool, Tom! All you need to identify pre-criminals is to check Newt Gingrich's donor list!

All right, maybe that’s a little extreme. Still, in America today we have a putative Presidential candidate who is virtually carrying a billboard stating, “I am dishonest! I am a narcissist! I am angry, mean and vindictive! I am incapable of shame, and I have the self-control and judgment of a mad scientist from an old Vincent Price movie!“, and yet people still call up talk shows and say, “Why isn’t everyone backing Newt?

Why? WHY? Well, how about this, from CNN:

“As recently as last week, Newt Gingrich’s communications director has been criticized by editors on Wikipedia for dozens of edits he has made and requested in defense of his candidate. While some of the changes were minor, Joe DeSantis has removed or asked to remove factual references to Gingrich’s three marriages as well as mentions of ethics charges brought against him while he served as speaker of the House. These efforts continued as recently as Monday.”

That’s right: Newt Gingrich has his staff trying to re-write the more distasteful episodes in his history—all the better to fool you with. This is the candidate remember, who now says he is the one running on “principles.” What principle would Stalin-style censorship come under, Newt?

Oh, never mind—we know the answer. Win at any cost. The ends justify the means.

Back to the title: perhaps they aren’t slam-dunk future criminals, but at this point, I really do believe that individuals continuing to support Newt Gingrich after he began the campaign with a certifiable character deficit and has managed to show with every passing week that it was even worse than his worst critics could have imagined really do create a prima facie case that they are unethical by nature. There just is no other plausible explanation.

 

 

Nipping A Terrible Idea In the Bud

God bless America.

In policy debates over contentious issues like abortion, national health care, and capital punishment, a common argument, brandished like a flag , is that the United States is out of step with the rest of the world. My reflex reaction to that claim, when I can resist the impulse to say, “Good!”, is to point out that the rest of the world has never lacked for enthusiasms for terrible ideas, and the United States, by going in its own direction, has often been unique, innovative, and right.

Still, a bad idea abroad will inevitably inspire some enterprising social architect here to propose it, and a legislator to try to make it law. Thus, when possible, it is wise to try to identify and reject the most sinister examples of Europe being Europe before anyone here starts trying to play “me too.” In the case of Europe’s current push to create a so-called “right to be forgotten” on the internet, some very effective critics are on the case. Continue reading

Vote For The 2011 Curmie…and Education’s Shame!

Help Rick choose the most embarrassing educator of 2011

This is clearly Rick Jones Day. First he scores the Comment of the Day, and then I discover that over at his blog, Curmudgeon Central, he is holding a reader poll for the Curmie, his award that will go to the educator who most embarrassed the profession in 2011.

Among his list are several miscreants who were topics of Ethics Alarms posts, some warranting more than one. What is remarkable and depressing is how many of Rick’s nominees never were noted here for their unethical conduct, and also how many of the cases featured by Ethics Alarms didn’t make the cut for the Curmie finals. This is because the education profession had a truly wretched year. As I prepare the year end Ethics Alarms Best and Worst, there is really a chance that education may nose out the perennial winner in the “Least Ethical Profession” category, journalism. I wouldn’t believe any profession could sink that low

You can vote at Rick’s site, and follow the links to his commentary on the nominees. Here are Rick’s nominees (the following text is his): Continue reading