Cautionary Tales: When The Law Protects Unethical Creeps

Chaney_Chelsea

Two recent court rulings demonstrate how the law often cannot punish purely unethical conduct if it falls in the cracks of legal language and definitions. When that happens, however, it is incumbent upon the rest of the culture not to allow an Ethics Dunce, or worse,to escape without proper identification and condemnation.

Case A: Curtis Cearley

Director of technology services for the Fayette County (GA) school district.

Fayette County high school student Chelsea Chaney used her Facebook page to post a photo of herself wearing a bikini and standing next to a life-size cardboard cut-out of rapper Snoop Dogg holding a can of Blast, the caffeinated alcoholic beverage he promotes. Although it was posted for the student’s friends, Cearley saw it, and used the comely photo in a  presentation at a public forum on the risks of sharing potentially embarrassing personal information on social media. He also used her name, identifying Chaney at the forum which was attended by parents, faculty and  students who attended school with her. He never alerted her, or asked her permission to use her photo as a “Don’t be like Chelsea!” example. The forum was titled “Once It’s There, It’s There to Stay.”

Horrible. This is a pure Golden Rule violation by Cearley, unfair, cruel, thoughtless, mean and intentionally  harmful to a minor, no less: Continue reading

Return to a Sore Subject

"Does anybody care?"

[NOTE: An unusually busy travel schedule combined with terrible hotel WiFi and a week that was already stuffed with juicy and provocative ethics stories resulted in my not fulfilling my duties very well the last three days, for which I apologize sincerely. I’m going to make every effort to catch up this weekend.]

Rep. Weiner resigned at last, noting that his district and its constituents deserved to have a fully functioning representative in Congress, and that he could no longer fulfill that role. True enough, though one has to ask (or at least I do): if the people of Queens and Brooklyn deserve better representation than a hard-working, if dishonest, obsessed and twisted, pariah can offer, what about the people of the 8th District of Arizona, who have a representative who can’t funtion in her post at all?

I was going to wait until the six-month mark in Gaby Giffords’ rehabilitation to raise this matter again, since that will mark a full 25% of the Congresswoman’s term that she has been unable to serve, but the combination of Weiner’s resignation and the news of Giffords being released from the hospital created too much dissonance for me to ignore. I fully expect that I will be writing some version of this post 18 months hence, after Rep. Giffords’ entire Congressional term has passed without her voting on a bill or answering a constituent’s letter. To quote the singing John Adams in “1776,”: “Is anybody there? Does anybody care?”

Reports from various medical personnel enthused that Giffords has made remarkable progress, and “seems” to understand “most’ of what is being said to her, though she still has trouble articulating responses. That is great progress for someone who has some of her brain blown away by a gunshot at close range, but it sure doesn’t sound like someone who is going to be making a persuasive argument on the House floor any time soon, or ever. So are we serious about this running the country stuff, or aren’t we? Continue reading

As Weiner Finally Goes, Some Lessons That We Already Should Know

I’m sitting in the Washington, D.C. offices of  NPR, waiting to go live at 11 AM. with some ethics commentary about the imminent resignation of Rep. Weiner. He is finally doing the right thing for the wrong reasons, just as his Democratic colleagues are defenestrating him for the wrong reasons. Once yesterday’s old photos surfaced showing Weiner in women’s underwear, his fate was sealed…although it was really sealed already. His forced resignation was inevitable, and the fact that the Congressman was unable to see it so that he could preserve some shred of honor by doing his duty as soon as his disgraceful conduct became public shows how wretched his judgment is.

The 56% of his constituents who, according to polls, thought that he should remain in his job demonstrated their complete lack of understanding of the requirements of leadership and ethics. They weren’t the only ones. It has been fascinating, though depressing, to read the comment threads on various websites and blogs covering the Weiner story, because they are so similar in their rationalizations. The categories, and reasons why they are so misguided, are:

  • Lots of the people criticizing Weiner engage in dubious inline conduct themselves; they are hypocrites.” No, they are non-leaders. When you accept the responsibility of leadership, you accept the duties of  integrity, honesty, and honorable conduct. Rep. Weiner gave up the right to behave as sleazy as the guy we never heard of next door when he ran for office. Continue reading

Ethics Quiz For Rep. Weiner Defenders: Would You Still Think He Shouldn’t Resign If He Did THIS?

Just add his daughter's head, and you have Rep. Gerber's fantasy date.

The Sixth District Court of Appeal in San Jose just ruled that Joseph Gerber, a California man who used his computer to create sexually explicit photos by pasting images of his 13-year-old daughter’s head onto the fully mature, naked bodies of porn performers in lewd poses, was wrongly convicted of possessing child pornography. After all, the pictures didn’t show minors engaging in sex acts, just fully legal adults with his daughter’s head, which apparently really turned Dad on.

The decision is unquestionably correct from a legal standpoint: no children were harmed to create the photos, and they did not depict child porn of any kind, except in Mr. Gerber’s fatherly mind.

Thus the Ethics Alarms question for Alec Baldwin and the reported 56% of New Yorkers who say that sexting, lying Representative Anthony Weiner should not resign his position because of his personal habit of sending smiling photos of his penis and other body parts to porn actresses, scheduling skype phone sex while his pregnant wife is away, and other similar activities, lying it all the while until lies became impossible: Continue reading

Should Rep. Weiner Resign?

Well, at least Weiner got THAT off his chest. Now all he needs to do is resign.

I was giving a seminar on building an organizational culture free from sexual harassment today, and happened to mention Rep. Anthony Weiner’s Twitter misadventures. “Allegedly!” shouted out one of the participants. “Allegedly,” I conceded. “But I’m pretty sure we’re going to find out that he behaved inappropriately; I knew that the minute he said that the crotch in the picture might have been his. Might have been his? What kind of guy his age takes photos of his crotch?” By the time I left the seminar at about 4 PM, Rep. Weiner was already engaged in his excruciating press conference, confessing, apologizing, and taking the full brunt of the media’s onslaught.

A woman had come forward to reveal more photos the Congressman had sent to her over social media…sad, embarrassing photos for any man over the age of 16 that hinted at untreated emotional problems in a man with a new wife, a high-profile job, and so much to lose. Rep. Weiner had to come clean, not that he had been doing a very convincing job of lying over the past week.

Give him credit for a forthright capitulation to the truth, once he changed his story. Continue reading

Parental Responsibility, Child Exploitation, and Billboard Ethics

Here’s a rule of thumb: Don’t give the rights to reproduce your child’s photograph to a photographer or ad agency unless you are prepared to accept however it is used, and certain that your child will not be harmed or embarrassed as a result.

Is that so hard?

Tricia Fraser has sued Life Always and Majella Cares Heroic Media, an anti-abortion group, claiming it used her daughter’s picture in “a racist, controversial advertising campaign” that is “defamatory, unauthorized, and offensive,” posting the 4-year-old girl’s photo on a giant billboard by the Holland Tunnel and another in Florida.

Nice try. But there is nothing racist about the campaign, and nothing defamatory about using her daughter’s photo in it.  Continue reading

Golden Globe Ethics: Ricky Gervais’s Hosting Dilemma

Hollywood is buzzing and griping about the manner in which Ricky Gervais chose to host the Golden Globe Awards last night. The L.A. Times pronounced him “too nasty,” and it was clear as the night went on that his pointed and often personal jibes at the film and television egomaniacs filling the ballroom at the Beverly Hilton were often infuriating or embarrassing his targets. There was even speculation during the show (via Twitter) that he had been fired mid-ceremony. Continue reading

The Embarrassed Management Apologizes

I just cleaned up about seven typos in the Randy Cohen post, which was up on the site including them for most of the day.

I apologize profusely for the sloppiness. I am the world’s worst proof-reader, and when I am rushing to get a post finished under a deadline, I am even worse than that. Nonetheless, this is no excuse, and readers who are kind enough to come here shouldn’t have to endure extra or missing words and illiterate spellings, most of which, by the way, is  because I can’t type, though my rotten spelling doesn’t help any.

I am so grateful to those of you who continue to flag the more egregious typos for me. Finding out that an article has been hanging out there with these errors is exactly like learning that you’ve been smiling at people with a piece of spinach on your front teeth all day. So I mean it: it isn’t because I don’t care. I’m trying. Obviously I have to try harder.

And I was so proud of myself for not misspelling “Beuhrle”…

One Joke We Can Do Without

Recently “Jimmy Kimmel Live” showed a video of a “Candid Camera” style prank pulled on an unsuspecting woman at her workplace. As a loud siren blared, everyone around her started hurling themselves on the floor, losing their balance, reeling and staggering as if the building was shaking. It wasn’t, but the woman was understandably alarmed (even conspiracy theorists don’t instantly assume that they are really surrounded by actors that Jimmy Kimmel has paid to behave like the sky is falling), though the commotion ended as suddenly as it started. Then it started again..then a third time. The woman ended up on the floor, hiding her head under a metal folding chair.

Hilarity ensued. Continue reading

Krystal Ball, the Dildo Nose, Human Nature, and Trust

Krystal Ball is a Democrat running for an open Virginia Congressional seat in the 1st District. Today, however, most Americans who know her at all only do so because some spectacularly embarrassing photos of her have gone viral on the Internet. In the shots, a Santa-clad Ball is shown in a series of suggestive poses involving a bright red dildo, which is fastened to the nose of young man wearing reindeer antlers. In some shots, she has Rudolph the Dildo-nosed Reindeer on a leash, just to add that dominatrix flair we all associate with the holidays. Continue reading