ethics

Cool It

/ Jack Marshall / 2 Comments

To listen to the conservative talk radio circuit and read the Right’s wing of the blogosphere, one would think that the United States is in the midst of a coup right out of “Seven Days in May,” or a foreign take-over like the one portrayed in “Red Dawn,” or even an alien infestation by disguised lizards, as in the sci-fi mini-series “V.” Hysteria is everywhere. Dark threats of revolution are not being whispered, but shouted. “I really think civil war is inevitable,” one blogger wrote yesterday.

Holy Gamoly! Continue reading →

Rep. Bart Stupak: Double-Reverse Ethics Dunce

/ Jack Marshall / 1 Comment

Michigan Democrat Bart Stupak has been wrong in so many ways lately it is hard to keep count. If you are going to be wrong, however, the ethical way is to have integrity and at least be consistent in your wrongness. He couldn’t even do that right. He did manage to become Ethics Alarms’ first Double-Reverse Ethics Dunce. That’s something.

First, Stupak staged a revolt in the House to insist that the original House health care reform bill didn’t wouldn’t mandate the use of taxpayer funds for abortions.

What was wrong with this?  Oh, only everything…. Continue reading →

Provocative Ethics Reading for a Sunday

/ Jack Marshall / 3 Comments

If your endangered Sunday newspaper is as shrunken from cost-cutting as mine, you may need some extra reading material as you wait breathless for the results of the House vote on health care reform. Here are some provocative ethics pieces from around the web:

Ethics Dunce: ABC News

/ Jack Marshall / 9 Comments

Watching the ethical standards of the major network news department crumble away is like watching a sand castle  on the beach disintegrate with each new wave. There really is no resistance, or hope. It is just a matter of time.

Thus the announcement that ABC News paid $200,000 to Casey Anthony, the Florida woman who is accused of killing her two-year-old daughter, Caylee, comes as not so much of a surprise as just a further peak at the inevitable. Critics are pointing with outrage to the fact that ABC announced that it is cutting hundreds of jobs, as if this is somehow hypocritical. In truth, they are two sides of the same coin. Journalistic ethics have always been the most fragile of professional ethics systems, more dependent on success than principle. When there was limited competition, the networks could burnish their images by conforming to ethical standards and making sure everyone knew it. Now, however, web-based news, blogs and cable news networks are carving up their pie. Most of the consumers of news don’t care about ethics, and the National Enquirer, which has always practiced checkbook journalism, is up for a Pulitzer. Continue reading →

ACORN, the Saint’s Excuse, and the Ruddigore Fallacy

/ Jack Marshall / 3 Comments

Today’s New York Times discusses the impending end of ACORN, brought down by bad publicity, loose oversight, sloppy governance, and a little matter of the cover-up of a million dollar embezzlement. It would be helpful to other non-profit organizations that do needed good works to learn the proper lessons from ACORN’s fate, but the reaction of some supporters don’t advance that cause. Bertha Lewis, Acorn’s chief executive, has blamed “relentless, well-funded right-wing attacks” for ACORN’s demise, painting the organization as a victim rather than its own assassin. ACORN’s leader’s thought that the usual standards of good governance, diligence, and competence didn’t apply to it, because the group’s mission was virtuous and its accomplishments great. Continue reading →

The Damage of Health Care Reform “By Any Means Necessary”

/ Jack Marshall / 5 Comments

I have no idea whether the health care reform bill, assuming it finally gets passed in one form or another, will make things better or worse, and if you are honest about it, neither do you…and neither, I am certain, do most of the elected representatives who will have voted for it or against it (or for it and against it) by the time the dust clears. To only cite the most obvious proof, the bill’s current form was just posted yesterday, giving Congress 72 hours to read and understand over 2,000 pages of technical jargon and badly-written prose. I don’t believe I have ever read 700 pages a day for three days at any point in my life, and if I have, I know it had to be something more diverting than a health care bill.

Relying on second-hand analysis—also by individuals who haven’t read the current bill—simply puts us (and the members of Congress) at the mercy of the biases of those rendering the opinions. For example, one of my favorite commentators, Robert Samuelson, has persuasive arguments against the bill here and here, while one of my least favorite, Paul Krugman, weighs in on the bill’s virtues here and here. Now, I think Krugman has squandered his credibility by blatant untruths in the past (One howler, his infamous statement about the national health care systems of Canada and Great Britain that “We’ve all heard scare stories about how that works in practice; these stories are false” is derisively quoted almost daily by Wall Street Journal blogger James Taranto as he relays tales of national health care horrors from the London press), but the man has won a Nobel prize: maybe he’s right and Samuelson is wrong. I really don’t know.

I do know this, however: whether the bill proves to be disaster or panacea, the manner in which President Obama and the Democrats have gone about passing it has done real and lasting harm.  Continue reading →

E-mails Aren’t Private? Oh-oh…

/ Jack Marshall / 2 Comments

The Eleventh Circuit Court of Appeals has ruled in the case of Rehberg v. Paulk that one who sends an e-mail has no “expectation of privacy” in its content, once it is sent to a third party—-and that third party can even be the internet service provider. Which means, in essence, that e-mails aren’t private any more, if this ruling stands.

Here you have a good example of how courts can re-define formal ethical standards on multiple planes with a few words. This means that one of the most influential Federal Courts has given the green light to any government agency or employer who chooses to read your e-mails. It may well be that lawyers who send documents containing confidential client information have breached their duty to protect confidences. It means that if your room-mate reads confidential messages on your laptop without your permission, the law says its your fault, not his.

This is the point where ethics, manners and the Golden Rule becomes more important than ever. The court case may change the law, and it may be legal to read other people’s e-mails without permission, but it’s still not right.

For an excellent scholarly dissent from the Eleventh Circuit’s ruling by Prof. Orrin Kerr, see his argument on the Volokh Conspiracy.

[Many thanks to Prof. Monroe Freedman whose post at the Legal Ethics Forum alerted me to both the case and Prof. Kerr’s critique.]

Ethics Dunce: Judge Darrell Russell

/ Jack Marshall / 6 Comments

Domestic abuse is a crime, a social malady and a sickness, one that frequently afflicts both the batterer and the victim. It is an especially infuriating crime to prosecute, because the couple drawn together in an abusive relationship often form bonds that even the threat of injury and death won’t loosen sufficiently to allow one party to testify against the other. Thus domestic abuse goes unpunished more often than not, and some prosecutors have decided that in the interest of society, these cases need to be prosecuted whether the beating victim likes it or not. They are correct. Violence and battery are crimes against the state, not just one individual. There is not much a prosecutor can do, however, when the judge is an Ethics Dunce, prepared to go the extra mile to free a loving couple for future mayhem. This brings us to the case of Baltimore Judge Darrell Russell,who recently charted new waters in judicial abuse of power, arrogance, incompetence, and irresponsibility. Continue reading →

The Sestak Affair, the White House, and the Corruption of America

/ Jack Marshall / 2 Comments

The Rep. Joe Sestak affair, still playing out, is a depressing reminder of how the process of corruption works, and more depressingly, how corruption spreads like a virulent flu, leaping from individuals  to organizations to institutions and finally to our culture itself.

Back in September, the Denver Post ran a well-sourced article stating that in order to protect Democratic Sen. Michael Bennett from the threatened primary challenge of popular former state Colorado House Speaker Andrew Romanoff, the White House, in the person of Jim Messina, President Barack Obama’s deputy chief of staff, told Romanoff  that a plum position in the administration would be his if he avoided the primary. The Post’s sources said that Messina offered specific suggestions, including a job at USAID, the foreign aid agency.  Romanoff, who apparently turned down the deal and is currently opposing Bennett in Colorado, refused to answer any questions.

This was treated as a local story, and the national media ignored it. Then, last month, a similar story surfaced, this time from a Congressman. Pennsylvania Congressman Joe Sestak, gearing to to run against party-switching  U.S. Senator Arlen Specter in the Pennsylvania primaries, told a Philadelphia TV news anchor that “someone” at the White House tried to discourage him from running, and also offered him a job (rumored to be Secretary of the Navy)  if he would back off. Like Romanoff, Sestak refused.

Again, hardly anyone paid attention, because all the national media wanted to do is talk about health care reform, the economy, and really important stuff like how Ellen was going to do on American Idol. Continue reading →

Web Ethics, Due Diligence, and the Happy Maxi-Pad

/ Jack Marshall / 5 Comments

There is no denying it any more. It is per se unethical to pass along information discovered on the web to anyone, much less to put it on a blog or in an e-mail, until you have performed due diligence and determined with reasonable certainty that it is accurate and true.

All the more reason, then, to praise the Snopes “urban legends” website, which does a superb job tracking down and clarifying web hoaxes, rumors and other misinformation. A lot of the latter isn’t even intentional, but the consequences of not checking the facts can still be significant and harmful,

I thought about this after encountering an amusing bit of web lore that many of you may have already seen, on aan old blog post that introduced the piece like this: Continue reading →