deceit

Well-Earned But Wrong: The Parody Website And The Attack On Memories Pizza

/ Jack Marshall / 66 Comments

Memoriespizza

It is difficult to work up much sympathy for Memories Pizza, the Indiana pizza place that rushed to be known as the first business to announce that it plans on refusing to serve gay customers under the cover of Indiana’s new and poorly thought-out religious freedom law.  Oh, I agree that it was thoughtful of the owners to help show that the law, regardless of the neutral words used, was intended to be a rallying point for anti-gay advocates who want to fight back against what they see as a frightening cultural shift that they don’t understand and can’t accept, but the owners are still, to be blunt, morons.

Announcing that the law would allow them to refuse to cater a gay wedding, they injected their biases into a debate they were neither legally, ethically, morally or intellectually equipped to participate in. Crystal O’Connor, whose family owns the small-town pizzeria, spouted off  that “If a gay couple came in and wanted us to provide pizzas for their wedding, we would have to say no,”  as the national debate over the law was heating up. Well, no, Crystal, you wouldn’t have to, and the law probably wouldn’t protect you if you did. Baking pizza is not the exercise of religion, and nothing in the Bible says “Thou shalt not send pizza to the reception of a wedding you disapprove of.”

I just heard one of the law’s supporters from a “family values” group that spends much of its time, words and money attacking homosexuality swear to Chris Cuomo on CNN that the law has nothing whatsoever to do with Indiana embracing anti-gay bigots (and tricking them into thinking that stunts like Crystal’s are acceptable). “It’s about conscience, ” he intoned, without giggling. But the law says nothing about conscience either.It prevents the government from  substantially burdening the exercise of religion. Catering an event, religious or not, is not a religious act, nor is a wedding reception a religious ceremony. It is no more legitimate to say that your conscience forbids you from selling pizza to strangers than it is to say that your conscience forbids you from letting a transsexual into your cab. O’Connor, not surprisingly, doesn’t comprehend the law. Continue reading →

Ethical! Funny! But Stupid: Kentucky’s Risible Same-Sex Marriage Ban Defense.

/ Jack Marshall / 44 Comments

laughing Scotus

Supreme Court justices deserve to have a good laugh now and then.

Michigan, Ohio, Kentucky, and Tennessee are all defending their legislative bans on gay marriage in briefs before the U. S. Supreme Court. Only one of their legal teams came up with—-or had the guts to include—the novel argument contained in the Bluegrass State’s brief, which explains why a ban on gay marriage does not “discriminate on the basis of sexual orientation”:

Kentucky’s marriage laws treat homosexuals and heterosexuals the same and are facially neutral. Men and women, whether heterosexual or homosexual, are free to marry persons of the opposite sex under Kentucky law, and men and women, whether heterosexual or homosexual, cannot marry persons of the same sex under Kentucky law.

This is in the amusing category of arguments that make technical sense in legal terms—well yes, come to think of it, if you look at it that way, you’ve defined discrimination right out of the case!— but no sense whatever in the real world. Gays can’t marry their intended life partner but heterosexuals can; that’s obviously unequal treatment and constitutes discrimination. The defense deceitfully pretends that the whole reason for the emotional controversy doesn’t exist: “Love? What’s that? We know nothing of this thing you call love!”

These come up all the time when legal teams are brainstorming which theories to pursue in an appellate brief, and are virtually always discarded after some general amusement and admiration for the Clintonian who devised it. There is nothing unethical about including a dubious argument along with better ones in a brief, even a Supreme Court brief: consider the position that carried the day in the Obamacare case, when Chief Justice Roberts adopted a rationale for the individual mandate that the Obama Administration had repeatedly rejected and denied. The problem is that such an off-the-wall argument is risky:

1. It pulls time, attention and consideration from more promising arguments.

2. It makes the client look foolish or unserious to the public.

3.  Worse, it might make the client look foolish to the justices.

4. Some justice might react to it as an insult to his or her intelligence.

More than all of that, however,the argument is not going to work. Can you imagine what the reaction would be if the Supreme Court endorsed gay marriage bans relying on that logic? The argument is a non-starter, so including it in the brief sends a loud and clear message that no appellate lawyer ever wants a judge to hear:

“We got nothin’.”

 

Jerks, Liars, Hypocrites, Fools and Hoosiers: 10 Ethics Observations On Indiana’s Religious Freedom Restoration Act Controversy

/ Jack Marshall / 69 Comments

Indiana5

1. The law was passed to make discrimination against gays, trans individuals and especially same-sex couples seeking marriage if not easier, to at least seem easier. Anyone claiming otherwise is lying, or being intentionally obtuse. Would Indiana be passing this law without the Hobby Lobby decision or the various court rulings requiring photographers, bakers, and other businesses to provide the same products and services to gay couples that they do to heterosexuals? Yes, you say? Tell me another.

As GLAAD alertly pointed out, Governor Pence was surrounded by anti-gay activists when he signed the bill:

GLAAD Pence

This is res ipsa loquitur, and doesn’t speak well for the Governor’s candor or intelligence.

2. Context matters. The original laws of this sort (the Federal law signed by President Clinton is also called the Religious Freedom Restoration Act) were part of the left’s long range pro-drug strategy, like medical marijuana. It was essentially a hippie law designed to create a slippery slope to recreational drug legalization by allowing fringe religious groups, specifically Native American tribes, to use peyote in tribal ceremonies. Now you understand why Clinton signed the bill.

Oops. Excuse me if I enjoy the spectacle of the clever members of the Church of the Perpetually Stoned—including the ACLU, which once supported such laws as long as they pointed the way to their young lawyers being able to have their Saturday night joints legally but now opposes them—being hoisted on their own petard.

“When the federal government adopted a religious protection act in 1993, same-sex marriage was not on the horizon,” whines the New York Times. Well, competent, well-considered, properly drafted, responsibly passed laws don’t suddenly become unbearable, then fine, then unbearable again with every shift of the cultural winds. The intent of the law was never to protect mainstream religions, but cloaked itself in language that did. It backfired.

3. That being stipulated, the good states need to read their own laws before they start grandstanding. Connecticut Governor Dan Malloy just announced on Twitter that he plans to sign an executive order banning state travel to Indiana in response to its Religious Freedom Restoration Act. Yet Connecticut, hippie enclave and bedroom community of rich, white, liberal New Yorkers that it is, happily jumped on the religious freedom train with a law of its own, one that, as the Federalist points out, makes discrimination on the basis of religion easier than the Hoosier version, which only prohibits the government from substantially burdening religion. Connecticut’s law does not include the word “substantially,” meaning that all government-enacted burdens on religion are theoretically illegal.

I wonder how Malloy is going to ban government travel to Connecticut? Is the theory that the same law can be good when liberal states pass it and evil when those bad conservative states pass it? It is more likely that the governor hasn’t looked at his own state’s law.

4. The hysteria being stirred up over the supposed horribles Indiana’s law will lead to is irresponsible. Jonathan Adler explains on The Volokh Conspiracy: Continue reading →

Unethical Quote Of The Month: Democratic Operative Paul Begala

/ Jack Marshall / 24 Comments

“Voters do not give a shit. They do not even give a fart… Find me one persuadable voter who agrees with HRC on the issues but will vote against her because she has a non-archival-compliant email system and I’ll kiss your ass in Macy’s window and say it smells like roses.”

—Clinton enabler/mouthpiece/consultant Paul Begala, quoted in Politico’s essay by Gabriel Debendetti 

roses

Begala, just in case you’ve forgotten, was the most loathsome of Bill Clinton’s paid defenders—deceitful, smug, arrogant, Machiavellian. I’ll confess my bias: along with Karl Rove, David Axelrod, Dick Morris, James Carville and his wife, Mary Matalin, and others whose names I am mercifully unaware of so far, Begala and his species are the scourge of the political culture as well as democracy itself. Their stock in trade is misrepresentation, and their objective is to make Americans ignorant, uncritical, lazy, compliant, and gullible. The contempt they have for Americans is palpable, as in Begala’s quote. Continue reading →

Ethics Quiz: The Controversial Photo

/ Jack Marshall / 8 Comments

 

WORLDPRESS

Sometimes cheating isn’t cheating at all, but a just a different interpretation of the rules. And sometimes, it’s just cheating.

The World Press Photo contest just stripped “The Dark Heart of Europe,” a 10-photo series by Giovanni Troilo about life in Charleroi, Belgium, of a first prize after the judges decided that he had misrepresented the location of one of the  images. But before proof of the mislabeling of one of the photos settled the matter—Troilo had taken one of the images in the artist’s studio outside Brussels and not in Charleroi as the series titles had represented—another of the images in his entry had caused a rules dispute.

 Troilo had photographed his cousin having sex with a woman in the back of a car, using a remote-control flash to illuminate the steamy back seat. By putting a flash in the car, the stickers said, Troilo had effectively staged the photo, violating the ethics of  photojournalism and the rules of the contest.

The original caption on the photo posted on the World Press Photo website was, “locals know of parking lots popular for sexual liaisons.” The photographer said he had made it clear to World Press Photo that he had followed his cousin on a night when his cousin had planned to have sex, and had his cousin’s consent to place the flash device in the car. World Press Photo rules state that “staging is defined as something that would not have happened without the photographer’s involvement.”

Troilo argues that his photo of the sexual liaison qualified under this definition. He didn’t tell his cousin to have sex in the car, and it would have happened whether he photographed it or not. “This is not a stolen photo of a couple caught unawares,” the photographer said, explaining that his goal was “to show voyeurism through voyeurism. The camera becomes active; it becomes the sense of shame.”

Other photojournalists argue that by conspiring with one of his subjects to illuminate the event, Troilo left the realm of photojournalism and entered that of .  portraiture. One of the harsher critics wrote on Facebook, “The photojournalists we want to represent do not call upon their cousins to fornicate in a car.”

Your Ethics Alarms Ethics Quiz is:

Did Troilo cheat under the photojournalism rules by planting a flash in the car where his cousin was planning to have sex?

Continue reading →

Ben Carson’s Apology

/ Jack Marshall / 90 Comments

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

/ Jack Marshall / 20 Comments
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 →

Time For Ethical People To Boycott Fox News

/ Jack Marshall / 68 Comments

No-Fox

Brian Stelter, CNN’s media critic, just played a newly-uncovered tape of the phone call to then-reporter Bill O’Reilly telling him that a shadowy figure in the JFK assassination had committed suicide. This was the same gentleman that O’Reilly, in his best selling “history” book, “Killing Kennedy,” claims shot himself with a shotgun while O’Reilly was just outside his door.

Documentation of O’Reilly lies are proliferating like Republican Presidential hopefuls, and the Fox News Head Bloviator continues to respond with bluster, ad hominem attacks and threats. In doing so, he refuses to abide by the standards he articulated—correctly—explaining why NBC’s fabulist anchor Brian Williams could no longer be trusted by viewers.

Meanwhile, Fox News has disqualified itself as a news source even for those who (completely justifiably) distrust the left-biased mainstream media. At least NBC had the integrity and professionalism to (eventually) investigate Williams’ conduct and take him off the air. Fox, in stark contrast, has issued deceitful defenses of their most profitable commentator, and continues to back, promote, and air a proven liar. (We already knew Bill was a bully, a jerk, and a narcissist.) Continue reading →

Unspoken Ethical Quote Of The Month: Outgoing U.S. Attorney General Eric Holder

/ Jack Marshall / 26 Comments

Attn. General Holder Testifies At Senate Judiciary Hearing On Justice Dept Oversight

“No, I respect the motives and intentions of my critics. Those who have opposed me genuinely disagree with my philosophy and approach to the job, and I would never denigrate them by attributing their opposition to race, bias, or anything but the same passion and belief in their goals for the nation that I have in mine.”

—What Attorney General Eric Holder could have and should have answered in his “exit interview” with Politico’s Mike Allen, in answer to the question, “Now, there clearly have been times …when you have felt disrespected on Capitol Hill. How much of that do you think relates to race?”

Holder didn’t answer this way, however.

Holder is black, and consistent with the message that has been trumpeted from the White House, Democrats, the Congressional Black Caucus, and Presidential advisor and Holder consort Al Sharpton for more than six years, any and all problems, criticism, misfortune or failure affecting African Americans can plausibly, reasonably, credibly, and advantageously be attributed to racial bias or outright racism.

Thus Holder’s actual answer to Allen was…

“Yeah, there have been times when I thought that’s at least a piece of it.”

Continue reading →

Update: Fox News’ Self-Destructive O’Reilly Denial

/ Jack Marshall / 5 Comments
You can't yell you're way out of this one, Bill..no, wait. Maybe you can.

You can’t yell you’re way out of this one, Bill..no, wait. Maybe you can.

And here’s another one. Questions are being raised about reporter Bill O’Reilly’s accounts of being “bombarded” during the LA riots.

This process resembles sexual harassment. One way you can tell the falsely accused from the genuine miscreants  is that one accuser opens the floodgates when there is substance to the complaint. Very few sexual harassers aren’t serial by nature–think Bill Cosby. Heck, think Joe Biden.  The O’Reilly debacle is following the script of the Brian Williams drama almost exactly, except that NBC finally acted responsibly, though not until it had tried the old “let’s see if this will just blow over” ploy.

So how many reports of O’Reilly hyping facts and enhancing his bravery and boldness will have to surface before Fox News stops covering for him and acts like a legitimate news organization? ( For those who have forgotten, such a news organization values trust and integrity, rather than emulates President Obama’s insistence that the I.R.S was as clean as the driven snow. ( It was and is not, and the news media’s partisan decision to bury the scandal rather than investigate it will haunt it for a long, long time.)

The network seems intent on destroying any credibility there was to the claim that it was dedicated to truth rather than bias, and qualified to expose the distortions of the liberal-biased mainstream media. Forced to deal with a  parallel incident to NBC’s Williams crisis, Fox has chosen profit over professionalism (Bill’s ratings while playing victim have been boffo!) and is botching a brilliant opportunity to prove its critics wrong.

Instead, Fox is proving critics correct. Eventually, all but the shameless will begin to feel like they are getting the news from charlatans, and seek enlightenment elsewhere. NBC was late to choose integrity; Fox News may be too late.