Comment of the Day: The “I ♥ Boobies” Saga

Me too! Uh, all in the interest of breast cancer detection and awareness, of course. Wait, what did you think I meant?

Me too! Uh, all in the interest of breast cancer detection and awareness, of course. Wait, what did you think I meant?

As is often the case, this topic interests me more than it appears to engage Ethics Alarms readers, so I was thrilled to see the following comment by Ulrike, who seems to share my belief that “Keep A Breast” Foundation is the ethics villain of this First Amendment skirmish, choosing buzz and cheap publicity over responsible messaging and being willing to throw well-aimed, legally immune monkey wrench into the classroom as well. 

Here is the Comment of the Day by Ulrike (who also has amassed a bumper crop of Ethics Alarms brownie points by being the blogs most determined volunteer proof-reader) on the post  The “I  ♥  Boobies” Saga.

I beg anyone’s pardon if you may find this off topic, but I really need to vent my anger about these bracelets: The message that these bracelets are sending out is not “Save your life by having regular check-ups!” but “Women are perceived as having breasts first, and subsequently as a person”. All this bracelet manages to do is to reduce women to their sexual attractiveness while fighting for their very lives. Well done, “Keep A Breast” Foundation. I wonder what bracelets girls and women who fell victim to aggressive breast cancer and lost one or both breasts are supposed to wear. Maybe “Don’t got boobies you can love anymore”? Continue reading

The “I ♥ Boobies” Saga

boobies bracelet

Some time in the foreseeable future, we may have the pleasure of reading the various opinions of sages like Antonin Scalia and Ruth Bader Ginsberg regarding the import of bracelets bearing the message, ” I  ♥ Boobies,” and whether it is a constitutional violation for public schools to ban students from wearing them. In August, the Third Circuit U.S. Court of Appeals rejected Pennsylvania’s’ Easton Area School District’s  prohibition of the breast cancer awareness bracelets on the grounds that they were potentially disruptive and inappropriately vulgar.

In late October, the District voted  authorize the district’s solicitor to file a petition with the U.S. Supreme Court seeking to have the high court hear arguments in the case. The controversy has been going on for three years, has cost the district  thousands of dollars in litigation costs that should have been spent on education, and will result, you can bet, in even more egregious expansion of vulgar language in the schools.

This easily avoidable Ethics Train Wreck occurred when two middle school students in Easton wore the bracelets to school with their parents’ permission despite a school ban that called them “distracting and demeaning.”  ETHICS FOUL #2  School is about learning and facilitating learning, not making an effort to intentionally pick fights  in the shadowy realm of First Amendment law. Why did the parents do this? Are the provocative bracelets really essential school fare? Will their presence in the schools have a measurable impact on breast cancer awareness? Was the ability of the girls to wear the bracelets, and their opportunity to bend the school to its will worth all the cost, time and disruption this defiance of a dress code was likely to cause a legitimate utilitarian trade-off?  I don’t think so. Continue reading

Ethics Quiz: The Judgmental Judge

"I'm sorry, Miss McBeal, would you repeat that? I lost my train of thought..."

“I’m sorry, Miss McBeal, would you repeat that? I lost my train of thought…”

Circuit Judge Royce Taylor in Murfreesboro, Tennessee is being excoriated by some as being sexist or at least presumptuous for daring to broach the topic of attorney attire in the courtroom, specifically female attorney attire. In a memo, he noted that the topic had arisen in recent Bench/Bar Committee meeting, and wrote,

“The unanimous opinion was that the women attorneys were not being held to the same standard as the men. It was requested that the judges require all attorneys to dress professionally. I have advised some women attorneys that a jacket with sleeves below the elbow is appropriate or a professional dress equivalent.”

What? An elderly male judge presuming to tell female professionals what they should or shouldn’t wear?

Your Ethics Alarms Ethics Quiz:

Is it fair and respectful for judges to require female lawyers to adopt the same dress standards as male lawyers in the courtroom? Continue reading

Now THIS Is Incivility!

"Thank you, counselors. We will proceed to fucking closing statements."

“Thank you, counselors. We will proceed to fucking closing statements.”

I just saw a  local Boston TV ad for Ace Tickets. The slogan at the end was “Sit your Ace down!” So clever! Just throw gratuitous vulgarity into a commercial during a baseball game, doubtlessly viewed by many children, because it’s inherently amusing. The message is that vulgarity is cool, clever and acceptable. Other messages in the media, both in advertising and in pop culture, convey the same permissive standards regarding obscenity. Over on the Drudge Report, a much-admired news aggregator for  political junkies, especially on the right, no mention of Anthony Weiner’s annoying candidacy for Mayor of New York is made without a cheap “weiner” joke. Today, Drudge noted that Weiner was “inching up” in the polls. Get it? HAR!  Just under that “gag,” the news that men favored Weiner in polling was headlined “Male Enhancement.” Soooo witty!  The U.S. is being transformed into one huge junior high school. After growing up in such a vulgar, undignified, sleazy environment, the next generation won’t be prone to inadvertently use words like “fuck” and “shit” in public forums such as live award shows and TV interviews, like our current politicians, newscasters and celebrities. They’ll just use them intentionally, all the time. Won’t that be cool? I’m sure David Letterman thinks so. Cool Dave had A.J. Clemente, he of uttering “fucking shit” on the airways in his debut as a news anchor, as a guest on his show. Dave suggested to A.J. that his ex-bosses were jerks to fire him. Good point Dave! A.J. was just ahead of his time. In a decade or so, “fucking shit” may be the sign-off of the next generation’s Walter Cronkite.

Maybe less than  a decade. Note this account, in a court opinion, of a lawyer’s conduct before a magistrate: Continue reading

Further Reflections On The Cheerleading Prosecutor (and an Ethics Pop-Quiz!)

"By the way, counselor, nice work last Sunday..."

“By the way, counselor, nice work last Sunday…”

I wrote the post about Ina Khasin, the Fulton County assistant district attorney in the morning yesterday as I prepared for a morning ethics session for new D.C. lawyers, and had not made up my mind about whether there was or was not a legitimate “Cheerleading Prosecutor Principle” by the time I posted it. I returned to my keyboard late in the day to read the comments on the post, and finally had a chance to consider the issue carefully, benefiting from the varying perspective of the commenters. My conclusion is that for a prosecutor to indulge herself by moonlighting in a high-profile, frivolous and cognitive dissonance-generating activity like NFL cheerleading is not only weird (Ick!) but also irresponsible, and yes, unprofessional.

I’m pretty sure I’m right, too. Continue reading

Is There A “Cheerleading Prosecutor Principle”? Apparently Not.

irina-k-falcons

Fulton County (Atlanta) Assistant District Attorney during the week, sultry, pom-pom-waving Atlanta Falcons cheerleader on the weekend, attorney Ina Khasin (That’s her, above) has, at least so far, dispelled my suspicions that there would be “Cheerleading Prosecutor Principle” along the theory behind the “Naked Teacher Principle” and its relatives, which is that when one’s  sex-related internet images clash dramatically with the expectations and duties of one’s profession, one’s days in that profession are numbered. Apparently Khasin shares some of those suspicions, since she cheers under the (sort of) alias “Irina K.” If there’s nothing about the activity that anyone would find inappropriate, why hide the name?

Now I am assuming this is all in the open, approved by her superiors, and no longer an issue. I am also assuming that there might just be some kinds of cases that the DA’s office might not want prosecuted by a professional cheerleader. In any event, Khasin has dewn a bright line between being a lawyer-cheerleader and being a lawyer-dominatrix, which, as you will recall from this story, didn’t work out so well.

This is clearly not the “ick factor” for me, and perhaps more of a “Humunahumuna!” Factor, but I am not yet certain that professional cheerleading is in fact compatible with the ethical obligations of a prosecutor. I am very sure that it would not be consistent with the dignity and decorum requirements of a judge.

I think I’ll just have to look at the evidence for a while…

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Facts and Graphic: Above the Law

 

The Judge Who Would Be Nun: This Could Become A Bad Habit

Nun hiest

Sister Mary Ignatius explains it all: “Stick em up!”

You can’t make this stuff up.

Navahcia Edwards, 25, was being tried before U.S. District Judge Matthew Kennelly on charges of bank robbery. She performed the heist disguised as a nun. A scary nun.

Her attorney argued that the  robbery was carried out by a white thief, and Edwards is African-American. Her fiance, the defense claimed, hit the bank with a white accomplice who blackened her face under the old lady mask. This seems like a far-fetched defense to me, but criminal defenses when one’s client is probably guilty tend to be like that.

Judge Kennelly decided to test the theory. He said that he dressed up like the fake nun in the photo, mask and all, and looked in a mirror. His white skin was visible, so he rejected what he described as a “reverse Al Jolson” defense, and found Edwards guilty as charged.

This is unethical judicial conduct. Continue reading

Musings On A Judge’s “One Time Accidental Mistake”

"All right now, boys---smile!"

“All right now, boys—smile!”

From the ABA Journal:

“A Philadelphia traffic court judge has been removed from the bench for showing a female court clerk photos of his privates. In a one-sentence ruling on Thursday, the Court of Judicial Discipline took action for what it called judicial misconduct. However, a lawyer for former judge Willie Singletary called the incident a ‘one-time accidental mistake’ and said the judge had resigned from office in February…According to attorney John Summers, the judge accidentally displayed photos of his genitals for a period of seconds and he and the court clerk were sharing innocuous cellphone content with each other. A legal ethics complaint contended the judge also asked her ‘Do you like it?’ at the time.”

Some thoughts: Continue reading

Conservative Talk Radio Double-Reverse Hypocrisy: Laura Ingraham

Laura Ingraham, for my money, is the most civil and entertaining of the far right talk show hosts. She does not engage in off-the wall rants, like fellow lawyer Mark Levin, she does not intentionally provoke the Left with politically-incorrect eye-pokes, like Rush Limbaugh (though he is awfully good at this, and sometimes very funny), and her passion for dignity and decorum in the culture is admirable, though Laura’s sense of what is smut and “poison” seems to have been formed while watching re-runs of “Father Knows Best.” Today, however, she hit the hypocrisy jack-pot while complaining about Jimmy Kimmel’s low-life performance as the MC at the White House correspondents’ dinner, and the unseemly tenor of the annual event generally. To be fair, she was absolutely right about a great deal:

  • The event is a national and international embarrassment. When it was a private affair allowing the White House to show appreciation for the hardy crew of journalists that dogs its occupant’s every move, allowing the President to josh with the reporters and let his hair down if he had any, an argument could be made that the event was harmless at worst, and beneficial at best. Now that the dinner is broadcast on cable TV, however, it has become increasingly cringe-worthy, as the Chief Executive is required to play stand-up comic next to the likes of Kimmel, diminishing his stature and making foreign cultures even more contemptuous of the U.S. than they already are. It should be held privately, or not at all.
  • The President should not be subjected to a performance that includes vulgarity and crudeness. Kimmel was both vulgar and crude, as he always is—don’t blame him, blame the fools who hired him. The President should not sacrifice respect and dignity to appear “cool.” Then again, this President does not comprehend Presidential leadership, and apparently never will. I am not a Reagan worshiper, but Ronnie would have been livid at an entertainer who resorted to such words as “asshole” in his presence. JFK would have made heads roll, and Ike would have had to restrain himself from having Kimmel shot.
  • For the President to be seen and heard joking about life and death issues, policies and episodes is offensive. He is the one American who has to be perceived as taking these matters seriously…always.

The last is where Laura hit an iceberg. She played an audio clip of a White House spokesperson earlier this year declaring how serious the recent Secret Service scandal was (You remember, don’t you? South American hookers and all that?) being taken on Pennsylvania Avenue, and they played Obama’s scripted joke from the dinner making light of the episode. She then segued into the hypocrisy of the mainstream media, which happily gives this President, whom they all voted for, carte blanche to make such irreverent gags, but who attacked President Bush for his “searching for the weapons of mass destruction” video routine at one of his White House dinners. Good one Laura…wait, what? You didn’t criticize President Bush’s routine then. You’re being more of a hypocrite than they are. Not only are you applying a double standard to the Presidency according to who’s in the office, you’re criticizing journalists for applying the exact same double standard you are!

And here’s strike three on Ingraham: Bush’s joke was inexcusable, Obama’s was just a mistake. The WMD fiasco got the U.S. into war and led to the deaths of thousand of soldiers and civilians, American and Iraqi. There is no comparison to President Obama’s quipping about the Secret Service episode.

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Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

Ethics Dunce: The “Lady in Red”

Now that the John Edwards trial is over—it ended with an acquittal on one charge and deadlocked jurors on the rest—it’s time to heap some deserved contempt on the so-called “Lady in Red,” the alternate juror whose courtroom demeanor became such a distraction that it prompted the judge to send all the alternate jurors home. From the Washington Post:

“She walked in flipping her hair, smiling broadly at [Edwards], batting her long eyelashes, cocking her head playfully. She was just an alternate juror, but suddenly she was the most watched person in the cramped federal courtroom. Commentators had dubbed her the “Lady in Red” after she bopped into the courtroom last week in a revealing, off-the-shoulder red top. Others just called her the “flirty one,” interpreting her vivacity as some kind of courtship dance, though no one can say for sure whether that was her intent.” Continue reading