Comment of the Day: “Unethical Business Practices: Online Reputation Services”

For those offended by the fact that this is the second Comment of the Day, I can only note that I haven’t posted a COTD for a while, so they can consider this one as making up for say, September 9.

Tgt has some uncomfortable truths about the practicalities of taking principled stands, in the context of my discussing the dishonest and bullying tactics of so-called online reputation protection services without specifically naming any one company.

There are gradients of this dilemma, which I’m not sure the author sufficiently acknowledges. For example, in the recent Defense of Marriage Act controversy in which law firm King & Spalding arguably dumped an unpopular representation because of inappropriate but no less threatening warnings from its biggest client, there are core professional values involved: once a lawyer ( or firm) accepts a representation, he or she may not, consistent with professional norms, drop the new client because of fear that the representation will have unpleasant consequences. There is no ethical obligation, however, to engage in a protest or civil disobedience when one objects to an abuse of official power. There is an obligation to do something, and it is ethically legitimate to choose a course that addresses the wrong without causing unnecessary harm to oneself or others. One not  cowardly by not being foolhardy.

Unless I accept John Adams’ rather perverse conviction that the only way one knows one is doing the right thing is when he is certain that the consequences will be personally ruinous, I don’t agree that I have failed an ethical obligation by choosing to flag unethical conduct without specifically inciting a company whose business it is to intimidate websites.

Besides, as I noted in my response to this comment, I am not through with these guys. Not by a longshot. But here is tgt’s Comment of the Day to my opening volley: Continue reading

When Ethics Hero Meets Ethics Dunce: Alan Ehrlich and the Spirit of Citizenship vs. South Pasadena Police Chief Joe Payne and Official Arrogance

"Step away from the intersection, sir! You are not permitted to make my officers look bad by doing the essential jobs they cannot."

When a traffic light in South Pasadena went out during the morning rush hour, citizen Alan Ehrlich stepped into the breach and began directing traffic at the major intersection.

“I grabbed a bright orange shirt that I have and a couple of orange safety flags. I took it upon myself to help get motorists through that intersection faster,” said Ehrlich. Before he took action, traffic was backed up for more than a mile, as vehicles took more than a half hour to maneuver through the intersection.

“It was just kind of chaos of cars . . . there were stop signs up. But people were challenging each other to get through the intersection,” said a witness  who works at an office nearby. He reported that Ehrlich’s stint as volunteer traffic cop had traffic flowing within ten minutes.

South Pasadena police then responded to the scene, ordered Ehrlich to stop, and issued him a ticket, but refused to direct traffic at the intersection themselves. South Pasadena Police Chief Joe Payne explained that he did not have the man power needed to staff officers when lights fail, and that Ehrlich should have just allowed traffic to back up. Continue reading

Character, American Values and the Defiant Driver

"Drive, you say? OK, jerk, I'll drive. Watch THIS!!!"Character, the good kind, is a foundation of traits, instincts and values that support, inspire and activate ethical conduct.

A person may know the right thing to do, but without the courage to do it, it will not get done. Empathy, similarly, is a necessary quality if the Golden Rule is going to be any guidance at all. Determination and diligence are not ethical by themselves, for one can be determined and diligent in the pursuit of evil ends. Not applying diligence to a task one has taken on, however, will lead to a breach of trust. Although they are not exactly components of what we call character, intelligence and common sense are essential to the character trait of competence, which in turn is indispensable to behaving ethically, for it is difficult to make ethical decisions without the ability to make good decisions.

I was prompted to think about the links between character and ethics when I read a news story out of Kansas City. A woman driving her car in traffic was stunned when a man suddenly jumped on the hood of her vehicle, pointed a gun at her, and told her to drive. Continue reading

Hole-in-the-Roof Ethics: If Obama Asks For Massive Infrastructure Renewal, the GOP Must Support It.

Seldom is a solution to a problem so obvious, and so conducive to bi-partisanship. It is a solution to two problems, really: America’s dangerously rotting infrastructure, and the nation’s dismal unemployment rate. Spend the money, trillions if necessary, to repair and replace existing roads, railway beds, waterways, sewer systems, airports and bridges.  It still won’t get us where we need to be, but we’ll be much better off than if we let the current deterioration continue, and we’ll save money in the long run, too—real savings, not phony health care reform savings that evaporate once reality kicks in.

There is no justification not to do this, nor is there any legitimate excuse for any elected official not to vote for it. (And no, not wanting to give the President a victory is not legitimate…or ethical, or patriotic.) Repairing the infrastructure isn’t “discretionary spending,” it is essential, unavoidable and cost-effective spending, unless it is diverted into new boondoggles and pork. No new structures, unless they replace unrepairable old ones. No light rail systems or bullet trains; what is needed is basic maintenance and repair….everywhere. It is already late, but “better late than never” has seldom been as appropriate. Continue reading

Ethics Hero Emeritus: Stetson Kennedy (1916-2011)

And he gave his book to Superman...

Author and folklorist Stetson Kennedy, who died this week,  is another important and courageous American that most of us never heard of. Let’s try to catch up.

After a back injury kept him out of World War II, Kennedy began a lifetime career of crusading against bigotry and what he called “homegrown racial terrorists.” He served as director of fact-finding for the southeastern office of the Anti-Defamation League and as director of the Anti-Nazi League of New York.

In his 1954 book “I Rode With the Ku Klux Klan,” Kennedy wrote that he gained entrance to the Klan by posing as an encyclopedia salesman and using the name of an uncle who was a Klan member. While posing as a member, he learned many Klan secrets that he put to use undermining the organization’s reputation and support. With evidence he snatched from the Grand Dragon’s wastebasket, he gave the Internal Revenue Service what it needed to collect an outstanding $685,000 tax lien from the Klan in 1944, and he helped draft the brief used by the state of Georgia to revoke the Klan’s national corporate charter in 1947. He also testified in other Klan-related cases. Continue reading

The Widener School of Law Faculty’s Character Deficit

The Widener faculty meets to discuss its options regarding the persecution of Prof. Lawrence Connell

When we last left the ethics train wreck at the Widener University School of Law, Dean Linda Ammons had succeeded in exacting her revenge on long-time tenured professor Lawrence Connell, forcing him into a year-long suspension and demanding that he undergo psychiatric evaluation for political correctness infractions that she took as as a personal affront, despite the fact that a university inquiry cleared him. (The supposed justification for his punishment was the Catch-22 offense that he had “retaliated” against the students who had wrongfully accused him by publicly denouncing their claims.) Nothing much has changed in the interim. Connell is gone, and is in the process of suing. Widener’s reputation continues to sink, as it has abandoned academic freedom for lock-step ideological conformity; its Dean, Linda Ammons, maintains her silence about the affair despite unanimous condemnation by observers, reinforcing the conclusion that she has a vendetta against Connell, and the faculty remains mum. It is that last the commentators find most fascinating: why have none of Prof. Connell’s colleagues at the law school stood up for him? After all, the principle involved, academic freedom, is core to their profession, and the facts are straightforward. Continue reading

Pat Summitt, Failing a Great Leader’s Toughest Test

Be like Lou, Pat...so the next diminished leader can be like you.

Pat Summitt, the legendary University of Tennessee women’s basketball coach who has won more games than any other college coach ever, men’s or women’s, received test results from the Mayo Clinic at the end of May that confirmed early-onset Alzheimer’s type dementia.  The irreversible brain disease is now at work destroying the 59-year-old Summitt’s abilities of recall and cognition, and as it is for the other estimated 5 million Americans with the disabling disease, the prognosis is grim.

Everyone in the Tennessee and sports community as well as the media and all of us who have seen loved ones suffer with the disease are rallying behind Summitt, who is one of the toughest, smartest, most determined figures in sports. But Coach Summitt has decided that her symptoms are not yet severe enough to force her into retirement, and she intends to stay at the helm of the Tennessee women’s basketball team at least three more years.

It is the wrong decision. It is a selfish and unethical decision. The question is whether anyone will have the courage to try to convince Summitt that she has a duty to the team, the school, her own legacy and basic principles of ethics to change course and do the right thing. Quit. Continue reading

Ethics Hero: Actor Ryan Gosling

Ryan Gosling....ready for action!

Caught on video: Hollywood hunk Ryan Gosling (“The Notebook”) saw a fight developing on the streets of NYC, dropped his bag of groceries and used his personal-trainer toned bod to break it up.

Stopping violence in public can be dangerous, and I wouldn’t recommend it for everyone. Gosling obviously knew what he was doing, however, and what he was doing was fulfilling the citizen’s duty to fix a problem when he or she can. Proactive participation in society, including discouraging misconduct whenever possible, is profoundly ethical, and too rare. The actor not only stopped a brawl, he also established himself as a member of that endangered species, the celebrity who deserves to be a role model.

Gosling doesn’t just play heroes in the movies—-he knows how to be the real thing.

Ethics Hero: Jennifer McKendrick

My hero.

Jennifer McKendrick is my favorite Ethics Hero of 2011.

An Indiana County freelance photographer of sensitivity, courage and principle, McKendrick engaged in classic ethical behavior—seeing wrongful conduct that harms others, and taking affirmative action to address it. Her conduct is a template for all of us, and not merely regarding the specific problem she decided to confront: online bullying.

McKendrick had been hired to shoot the senior photos of several high school girls, then discovered that they had viciously denigrated other students on Facebook. She sent the girls’ parents this letter:
Continue reading

Corey Feldman’s Frightening, Important, Unethical Revelations

Corey Feldman in his prime

Corey Feldman could be the poster boy for troubled ex-child stars. The quirky, funny kid who had major roles in “Stand By Me,” “The Goonies,” and “The Lost Boys” was exploited by his parents, damaged by the industry, and left with an addiction to attention and fame. Feldman, like many other child stars, was never able to transition into adult parts, and now he is 40, still with the hunger for attention and validation that characterizes the breed. He has tried reality shows and low-budget films, and now he is trying to get himself back in the news by making sensational accusations.

In an interview on ABC’s Nightline, Feldman dropped a genuine bombshell, saying…

“I can tell you that the No. 1 problem in Hollywood was and is and always will be pedophilia. That’s the biggest problem for children in this industry. … It’s the big secret.” Continue reading