Tag Archives: deception

Morning Ethics Warm-Up, 10/18/2017: Welcome To My World! Special Legal Follies Edition

Good Morning!

1  Oh, let’s begin the day with Roy Moore, the former Alabama judge and present wacko whom Alabama Republicans voted to represent the GOP in the 2018 U.S. Senate election, thus proving that there are a lot of deplorables in the state. As was completely predictable given his record, Moore recently told his drooling followers (after being introduced by Abraham Hamilton, Alexander Lincoln being unavailable),

“Somebody should be talking to the Supreme Court of the United States and say, ‘What gives them a right to declare that two men can get married?. . . Tell the Congress: Impeach these justices that put themselves above the Constitution. They’re judicial supremists and they should be taken off the bench.”

Comments Jonathan Turley,

So Moore believes that he should not have been removed from the bench for putting his personal religious beliefs above the Constitution, but justices should be removed if they interpretation the Constitution in a way that contradicts his religious beliefs.  This, he insisted, would ‘solve the problem….such a view would violate not just fundamental principles of judicial review but it would violate the impeachment clause.  As the last lead counsel in a judicial impeachment case (in defense of Judge Thomas Porteous), Moore’s view is deeply troubling.  As I have previously written, the Good Behavior Clause of Article III was designed to protect the independence of the judiciary and insulate it from political pressures.  It was meant as a guarantee of life tenure against precisely the type of threat that Moore is endorsing. 

But it’s pointless to make genuine legal and historical arguments against someone like Moore. He’s a theocrat, a fanatic, a bigot and a demagogue. The Republican Party should endorse his opposition and campaign against Moore. This fiasco is their fault, and someone like Moore should be kept out Congress at all costs.

2. Now to someone who is, incredible as it seems, somewhat less ridiculous, this gentleman, Christopher Wilson…

 

No, that’s not a botched tattoo on his forehead: the blurry words are “fuck” and “sluts”, making the whole, eloquent message, “I’m a porn star. I fuck teen sluts.” This roughly translates into  “Look at me! I’m an idiot!”  The newspapers that refused to print the blurred words (the police had the mugshot altered) that are essential to the story, meanwhile, are telling us, “We don’t understand our profession.” The story is incomprehensible if the actual words aren’t clear, literally or figuratively.  Fox News and the NY Post, for example, say, “The Cincinnati man has the words “I’m a pornstar” tattooed on his forehead” and “another vulgar message” tattooed below.” Since the issue is whether the message on his FACE is going to prejudice the jury in his trial for sexual assault, this is juvenile coverage omitting key information to avoid “giving offense.”

Ethics Alarms to the news media: Grow up.

Turley (again…he loves the tattoo stories) writes,

“The court will be left with a question of whether the tattoo is too prejudicial or whether it is unavoidable as a personal choice of the defendant….Yet, these tattoos contain an admission to the crime at issue in the trial.  In the end, a judge could legitimately conclude that this falls into the category as bad choices bringing even worse consequences.”

What? First, the defendant is not charged with fucking teen sluts while acting as a porn star. That conduct could well be consensual and legal.  Turley is also wrong that the judge could “legitimately” allow the jury to see his message. In both cases involving a defendant’s prejudicial tattoos, the judges agreed that they had to be made invisible, in one case using make-up… Continue reading

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Ethics Quiz: Branding Ethics And The Weinstein Scandal [Updated]

I’m lounging in Richmond’s wonderful Jefferson Hotel, watching the hilarious and despicable parade of actors, actresses and Democrats—Hillary, the Obamas–rushing to condemn Harvey Weinstein now that his use to them is probably ended, and they see safety in numbers. Many of their statements—I was just listening to Mira Sorvino—mouth the same platitudes about how “this is no longer conduct that can be tolerated”—pssst: It was never tolerable behavior; your industry and colleagues just tolerated it anyway—and how it is essential that such sexual predators be stopped—pssst again: why didnt YOU do anything to stop it?– while saluting the courage of victims who come forward, without any adequate explanation in many cases of why they, or others, didn’t come forward for years and even decades while  other actresses were victimized and even raped. (The alleged rape total is now up to three.)

Angelina Jolie said today that she was harassed by Weinstein a decade ago, decided not to work with him, and “warned other actresses she knew not to do so as well.” This dovetails nicely with another harassed non-reporting actress’s tale, that of Gwyneth Paltrow—years late, of course, that she was attacked by Weinstein, and her boy friend at the time, Brad Pitt, confronted him. Presumably Pitt also later  knew about Jolie’s experience,being married to her and all. Brad Pitt was afraid to expose Harvey Weinstein? Sorry, I don’t believe it. I don’t believe George Clooney’s statement either, or long-time stars like Glenn Close. I also don’t understand Paltrow, whose father was himself an influencial producer. Her father wasn’t willing to stop Weinstein? Why not?

[CORRECTION: an earlier version of the post conflated Sorvino with Paltrow. Thanks to Spartan for the alert.]

This was a conspiracy of silence, abetted by Weinstein’s wallet. As long as he was a useful ally to ambitious actresses willing to exchange their ethical duties as citizens and human beings for parts and pay-offs, and liberal politicians employing wilful ignorance to keep money flowing to their campaigns and causes, Weinstein had a free pass to molest and abuse, and knew that he had a free pass.

The posturing by so many powerful people who could have made Weinstein a pariah at any time—but just not during the current campaign at the time, or while the latest promising Miramax project was being produced—is nauseating.  Even if one excuses the struggling starlet—and I don’t, not when she’s struggling and afraid, and definitely not years later, when she knows what happened to her is still going on but she’s now a Hollywood power herself—there is no way to excuse the community. This isn’t sort of like inner cities that have a “no snitch” culture that allows crime, drugs and murder to rot everything while innocent victims are terrorized, it is exactly like them. Victims still have ethical duties as citizens and human beings. Of course it’s hard. If being ethical was easy, we wouldn’t have to keep talking about it.

Of course, the most complicit of all may have been Harvey Weinstein’s business partners, including his brother. There is no reasonable possibility that some, most, or all of them didn’t know that their meal-ticket was a sick, sexual predator. Certainly Weinstein’s brother, now running The Weinstein Company. Now I read in the Wall Street Journal before me that the company is planning on rebranding, taking the Weinstein name off of the company. The idea is that after a few successes and maybe some convenient amnesia,  people will begin trusting the company again. Hey, let’s call it “Trust Entertainment”! (That’s my idea, not theirs.)

Your Ethics Alarms Ethics Quiz of the Day:

Is this ethical? Continue reading

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Ethics Dunces In Arms: Gloria Steinem And The New York Times Demonstrate How “The Star Syndrome” Works

Gloria 2017 (right), with her ghostwriter, Gloria 2007 ( left)

Last week, Gloria Steinem authored an op-ed in The New York Times headlined, “Women Have Chick-Flicks. What About Men?”.

It was standard issue male-bashing; biased and badly researched junk, but more interestingly, at least half of it was ten years old, substantially lifted from a piece Steinem wrote for the Women’s Media Center website in 2007. This kind of lazy self-plagiarism is a major ethical breach that respectable publications do not suffer gladly, at least when the miscreant isn’t a feminist icon that their editors worship, or at least feel has earned immunity from those annoying ethical principles lesser mortals have to deal with.

As an aside, it really is a silly op-ed, not worthy of publication the first time, much less plagiarizing now. Some excerpts:

I was on a flight from New York to Seattle when a long delay on the tarmac prompted the airline to offer us a free movie. As the flight attendant read the choices aloud, a young man across the aisle said, “I don’t watch chick flicks!” I knew what he meant, and so did the woman sitting next to me. A “chick flick” is one that has more dialogue than car chases, more relationships than special effects, and whose suspense comes more from how people live than from how they get killed.

Translation: “Men are morons, women are sophisticates.” No generalizations or stereotypes there…

Think about it: If “Anna Karenina” had been by Leah Tolstoy, or “The Scarlet Letter” by Nancy Hawthorne or “A Doll’s House” by Henrietta Ibsen — if “The Invisible Man” had been “The Invisible Woman” — would they have been hailed as classics? Suppose Shakespeare had really been the Dark Lady who some people still think he/she was. I bet most of her plays and all of her sonnets would have been dismissed as ye olde Elizabethan chick lit and buried until they were resurrected by stubborn feminist scholars of today.

Two words: Prove it. Since  very few  great female authors were writing similarly brilliant literature in those periods, Steinem’s bet is rigged. Where are those buried woman-authored masterpieces that stand up as the equals of “King Lear” and  “War and Peace”? I’ll make another bet: I bet if those works had been written by women, we’d know it, and they would be just as admired and immortal as the works authored by men. Has Gloria heard of Wuthering Heights? Jane Eyre? Frankenstein? Pride and Prejudice? Has she heard of Jane Austen?

But I digress.

The original article published referred to that airplane flight as taken by Steinem  “recently.” That word was taken out after Gloria’s cheat was discovered, and this “Editor’s Note” was added: Continue reading

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The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016, Part 2

pope-trump

Part II of the Worst continues with education horrors, legal outrages, the Lie of the Year, and more.

Above? That’s obviously the…

Fake News of the Year.

Now the rest..it doesn’t get any better.

Biggest KABOOM! 

exploding-head

The YMCA Slavery Recreation.  You know, even looking through this category was dangerous. I had forgotten about all these stories, which, by definition, were all horrible. This one, from February, however, had to be the winner. The YMCA Storer Camps in Jackson, Michigan included an “educational” activity called “Underground Railroad” in which black children were asked to play runaway slaves, as some teachers and camp instructors acted as slave masters, chasing them down using real horses. Once captured, the children were “auctioned off.” The principal of the school that subjected its pre-teen students to the slavery simulations rather than the other better known YMCA camp activities like nature hikes, kayaking, canoeing, horseback riding and sitting around campfires responded that he didn’t expect the uproar, since no student had ever complained before.

Most Unethical High School Discipline

Red Mountain High School  in Mesa, Arizona. On a dare from a friend, high school football player Hunter Osborn briefly flashed his naughty bits in the team photo. Nobody noticed, including the yearbook’s faculty advisor, so the photo was published in the school yearbook.  Months later, the gag was discovered. Even though the photo was so small that offending nudity was virtually invisible to the naked eye, the school had Osborn was arrested and charged with 69 counts of indecent exposure. The charges were dropped because none of the 69 “victims” pressed charges.

Most Unethical No-Tolerance Action

hazel-tweet

John Glenn High School in Suburban Detroit.  The offense: “Inappropriate use of electronics in the restroom.” The conduct: Hazel Juco, a 17-year-old student, went to the school’s bathroom to wash her hands. When she turned on the faucet, ugly brown water came out. She then used her cell-phone to take photos of the discolored water and posted it to Facebook and Twitter.

She was suspended, but eventually social media and the local news vindicated her. The water was polluted, and the school district admitted that Hazel was punished for doing the right thing.

Most Unethical School Teacher

(Excluding Rapists)

A Tie! 

1. Malik Leigh, a teacher in Palm Beach Lakes High School’s pre-law academy a kindergarten teacher at Captain Johnston Blakely Elementary on Bainbridge Island, Washington

Leigh’s specialty is indoctrination. Aming his exam questions last year…

“If Donald Trump becomes president of the United states, we are:

A.) Screwed

B.) Screwed

C.) Screwed

D.) Screwed behind a really YUGE wall that Mexico pays for.”

and…

“When performing an opening statement, it is best to:

A. Wink at the Judge

B. find the hottest person on the Jury and focus your words on them

C. Speak to them as if they are cordial friends.

D. Treat them like the MORONS they are.”

He was suspended.

Good.

2. “Jill Watson.” You can’t be a more unethical teacher than when you’re not a teacher at all. Or human.

Naked Teacher of the Year

Leigh Anne Arthur, In a completely warped and unfair application of the Naked Teacher Principle, school district officials in Union County demanded and received the resignation of the engineering teacher  after a student stole her phone, examined its contents and found a semi-nude selfie  intended for her husband’s enjoyment only.The student, who  warned her that “something bad was coming,” sent the images to other students through text messages and social media Arthur sued the school board for wrongful termination, but recently dropped the suit.  The student was charged with a computer crime and voyeurism. The Naked Teacher Principle holds that

A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result. The first formulation of the NTP can be found here.

This obviously does not apply to Arthur. Ironically it would apply to the incoming First Lady if she were a teacher, and arguably applies still, since the First Lady is a role model.

Double Standard Of The Year

pelosi-tweet

Progressives and Democrats, who performed an immediate U-turn as soon Donald Trump won the election, and after having expressing outrage and indignation when Trump had suggested, about a month earlier, that he might not “accept the results of the election,” which he had claimed was “rigged,” immediately challenged the results of the election, and claimed it was rigged.

And they are still doing it today.

 Lie of the Year

and

Jumbo of the Year

Jumbo film Continue reading

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From The “Is The News Media Trying To Destroy Any Credibility It Has Left, Or Is It Just Too Biased And Stupid To Help Itself?” Files: The New York Times’ “Fact Check”

who-can-you-trustIn July 2016, Donald Trump said, in one of his more accurate public statements:

Homicides last year increased by 17% in America’s fifty largest cities. That’s the largest increase in 25 years. In our nation’s capital, killings have risen by 50 percent.

In July 2016, “Last year” meant 2015, as absolutely everyone understood. Homicides in D.C. did increase by 54 percent in 2015, from 105 in 2014 to 162. The statement was accurate.

Now, however, it’s 2017. This means that “last year” doesn’t mean 2015 any more, but 2016!  Figures on the year just completed show that homicides in D.C. fell in 2016 to 135. Thus the New York Times–you know, that flagship of trustworthy American journalism—through its reporter Emily Badger, decided to “fact-check” that statement by Trump from July, and found that he deceived us. Again. Badger wrote:

“Another end-of-year fact-check, while we’re at it: Mr. Trump claimed during the campaign that the homicide rate in his new home in Washington rose by 50 percent. In fact, it fell by 17 percent in 2016.”

There he goes again! Lying his head off! Citing fake statistics! But trust us, folks, we’ll be right there at the ready for the next four years, so he can’t get away with this constant deception!

Notice how the Times uses “claimed” to imply that Trump was making stuff up.  But he wasn’t making stuff up. The Times was making stuff up by “claiming” in this fact-check that Trump  misstated the facts, when he did not.  He wouldn’t have even been wrong, as Eugene Volokh points out, if he had been comparing 2016 to 2014, the year he was comparing 2015 to in July. The homicide rate in D.C. rose by  28 percent from 2014 to 2016.

‘Trump falsely stated that crime rose in Washington D.C.’ is a lie. It is fake news.

Writes the law professor, using far more restraint than I would (or will):

There’s a lot to be said for not focusing too much on year-to-year changes in homicide statistics, which can be volatile. Even a rise over two years doesn’t tell us that much, though it’s troubling. And we should indeed remember that homicides and other crimes have generally declined sharply from their 1991 peak (though of course we want to be watchful for any reversal of the trend). If the argument is simply in favor of caution about reading too much into yearly statistics, I’m all for that.

But the New York Times “fact-check…” suggests that Trump got his facts wrong (he “claimed” one thing but “in fact” it was something else), and I think it misleads readers into missing the fact that, even counting the 2016 decline, the homicide still rose sharply from the reference year Trump was using — 2014 — to the present.

Continue reading

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“If That Was Transparency, Then I’m A Kumquat” And Other Reactions To Josh Earnest’s Multiple Unethical Christmas Quotes

This morning, Obama Administration paid liar Josh Earnest spoiled my Christmas mellow by telling CNN’s alleged news media ethics watchdog Brian Stelter that there’s really “no constituency in American politics for transparency in government beyond journalists,” as he deflected Stelter’s accounts of journalists complaining about administration foot-dragging on Freedom of Information Act requests. Then he really curdled the ethicist’s eggnog by saying,

“If this constituency of journalists are gonna be effective advocates for the issue that they care about, they need to remember that they have a responsibility not just to criticize those who are not living up to their expectations. Any activist will tell you that the way that you get people to support you and to support your cause is to give them credit when the credit is due, to applaud them when they do the thing that you want them to be doing.”

Finally, Earnest molded my mistletoe by claiming,  “President Obama has been the most transparent president in American history.”

Stelter, of course, being an incompetent, biased and unethical news media ethics watchdog, did not interjection with the mandatory, “WHAT??? You’ve got to be kidding! HAHAHAHAHAHAHAHAHA ACK! ACK! ARRRGH! and drop dead in shock.

That statement is fake news if anything is, rivaling the news media lie that that the Obama years were devoid of major scandals. Before we begin shooting fish in a barrel and deal with that brazen-beyond-belief spin, let’s pause to consider the other stunner in Earnest’s Christmas morning performance:

1. What does Earnest mean that journalists are the only constituency for transparency? Does the Obama administration, and by extension Democrats, really believe that the public doesn’t mind being lied to? If so, that explains a lot, including the nomination of Hillary Clinton.

2. Journalists are not supposed to advocates and activists at all. They are supposed to be devoted to communicating facts and the truth.

3. Is Earnest saying that when a President generally defies a pledge of ethical conduct, he should nonetheless be praised when he doesn’t defy that pledge, and that journalists should highlight the Administration’s rare examples of  transparency while ignoring the overwhelmingly more copious breaches? It sure sounded like it.

That brings us back to the mind-melting quote that this has been a transparent administration by any definition of the word other than “not transparent at all.”

This episode from 2011 nicely encapsulates the issue:

“President Obama was scheduled to receive an award from the organizers of the Freedom of Information Day Conference, to be presented at the White House by “five transparency advocates.” The White House postponed that meeting because of events in Libya and Japan, and it was rescheduled…That meeting did take place – behind closed doors. The press was not invited to the private transparency meeting, and no photos from or transcript of the meeting have been made available. The event was not listed on the president’s calendar…Nor is the award mentioned anywhere on the White House website, including on the page devoted to transparency and good government. Were it not for the testimony of the transparency advocates who met secretly with the president, there wouldn’t seem to be any evidence that the meeting actually took place.”

That’s right: Obama wasn’t transparent about a transparency meeting. That same day, Obama went on TV  and tried to explain why he hadn’t been transparent to the U.S. Congress about his military plans in Libya.  Shortly after that, news leaked that the Fed had secretly sent billions in loans to foreign banks during the financial crisis.

Ah, memories! On his second day on the job, January 21, 2009, that…President Obama famously pledged, in one of his first memos to federal agencies

“We will work together to ensure the public trust and establish a system of transparency, public participation, and collaboration. Openness will strengthen our democracy and promote efficiency and effectiveness in Government.”

He may be right about that last part, or maybe he discovered that it was naive and impractical dream. Under no circumstances, however, can it be said that Obama’s administration was transparent. An exhaustive list is impossibly, long, but here is an incomplete  sample just from the posts in Ethics Alarms: Continue reading

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Comment of the Day: “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit”

There is an Ethics Alarms post “going viral” right now, at least as viral as any post on an ethics blog is likely to go. For two weeks now, my post at the end of July about how the “urban legends” site Snopes had descended into  dishonest, spinning, fact-distorting partisan/ left “factchecking” hackery has lapped all others here, and been shared to record levels on Facebook (nearing 11,000 shares) and Reddit.

This is nice, of course. It has brought a few (though not many) new commenters to the blog, and presumably more readers who stayed to peruse other topics. It has made August 2016, usually a fairly dead month, the most heavily trafficked month in Ethics Alarms annals. The post alerted some people to why Snopes is untrustworthy, though not, apparently, the Washington Post, which cited it as authority just a few days ago. It also prompted, on Reddit and Facebook, several thousand smug “this is not news, I’ve known this for years” comments. Where were your blog post, jerks?

The post’s wide circulation through the web also made me aware that a conspiracy theory holding that Democrats and the Hillary Corrupted maintain a team of attack commenters who go to blogs and attempt to muddy the waters when the truth about Clinton threatens to break through the denial dam might be accurate. I have received four or five almost identical comments on that post attempting to deny my dissection of Snopes’ pathetic attempt to prove that Hillary didn’t defend a child rapist, didn’t discredit his young victim in the process, didn’t know he was guilty when she did it, and didn’t laugh about the case in a recorded interview. None of the four commenters  read all of my post, which echoed a previous one in pointing out, as I always do, that a lawyer defending a criminal is not unethical, that the attacks on Hillary for doing so were ignorant and unfair, and that Hillary Clinton has nothing to apologize for in this case. Never mind: all four of these commenters ( and some others which never made it onto the blog) shifted into similar boilerplate language claiming I was attacking her too,  and preceded to repeat Snopes’ dishonest “factchecking” as if the documentation of its falsity I presented in the post didn’t exist.

Nonetheless, the Snopes revelation was not the Ethics Alarms post I would have chosen to “go viral.” There have been many essay in the last six year that I was, and am, especially proud of and believe were original, perceptive and important, and that have been barely read by anyone, never linked to or shared, and that have had all the impact of a shell thrown into the surf. How I wish my warning to the Republican Party , for example, urging it not to permit Donald Trump to participate in the primaries, had received similar attention. Not a single editorial board or pundit saw the peril looming, or at least  they didn’t write or talk about it if they did, because having The Donald spouting his inanities would be good copy and “fun.”

One such post dates back to the first full year of Ethics Alarms: The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit, from August 2010. In six years, it has amassed about the same number of views that the Snopes piece amassed in half a month. Yet the topic, how mouthwash manufacturers profit significantly by hiding the widespread use of their product by alcoholics who use mouthwash to conceal their destructive disease from family members and co-workers, is barely mentioned  on the web—a few places, and almost all of them since the post. Still, Congress hasn’t held hearings, regulatory agencies haven’t noticed, and the products still carry warnings that fool non-alcoholics into believing that the stuff is poison, so nobody drinks it. Lives could be saved, marriages rescued, and endangered businesses might survive, if what I wrote was generally known

I’ve done the original research and put the problem out there. At least I’ve tried, and I will continue to write about the problem, which I have learned about first hand.

My efforts  haven’t been completely futile. I have received some gratifying comments and off-site e-mails from family members who read the article, discovered that a loved one was secret drinker, and got them help. I have also received a few responses that confirmed my work, though none quite like this one from new reader Dave, an alcoholic himself.

Here is his remarkable and  cryptic  Comment of the Day on the post, The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit. Is it intentional irony? Is it sarcasm? Is it support, in the form of criticism? You decide:

Halfway through your article I decided it would be a good idea to go to shoppers and grab myself a bottle. I’d been so triggered today, only being a week sober prior. It’s great, you know, the mouthwash deception as you call it. I spend roughly $3.50 on a bottle of Life brand yellow mouthwash and it gets me radically twisted, with zero hangover. So not only does it make it easier for me to be a functioning alcoholic based on its inexpensiveness and zero hangover qualities, it is also amazingly convenient in that within 10 minutes I have three different 24 hour grocery stores I can go to in order to get a bottle.

Alcoholism is a shitty disease, believe me, I have lost much at the expense of it.

Continue reading

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