fairness

American Journalism’s Integrity Death Spiral, PART II: The James O’Keefe Conundrum

/ Jack Marshall / 24 Comments
The past and present of investigative journalism.

The past and present of investigative journalism.

James O’Keefe calls himself an investigative journalist, but that’s not what he is. A real investigative journalist would look for the truth, whichever political party a particular set of uncovered and inconvenient facts happened to make look bad.O’Keefe is only interested in getting dirt on Democrats and their allies.

A real investigative journalist would also follow, or know he was supposed to follow, or at least make some effort to follow, the tenets of journalism ethics, which frown on using trickery, lies and surreptitious recording to obtain stories. This is all O’Keefe does. His oxymoronically named Project Veritas uses people posing as someone they are not, spouting misrepresentations,  to obtain video evidence of corruption in the bowels of political activism…Democratic political activism, that is. Recently, O’Keefe got various supporters of and volunteers for Allison Grimes—you know, that former Democratic National Convention delegate for Barack Obama running for U.S. Senator under the banner of Democratic Party in Kentucky who refuses to say that she voted for the current Democratic President?—to opine that that the candidate’s vocal support for the coal industry was a sham. As always with O’Keefe’s stings, the dedicated Daily Koses huffed and puffed and explained why the videos were misleading (the usual excuse is that the victims “caught in the act of being themselves,” as Candid Camera creator Allen Funt used to say, were “going along” with O’Keefe’s sham. This was also the excuse of many of the Congressmen filmed taking bribes in the Abscam sting. It is not persuasive.) Continue reading →

Remember The Title, “When An Apology Isn’t Enough: Carol Costello’s Ugly Partisan Bias”? An Apology Still Isn’t Enough.

/ Jack Marshall / 5 Comments
"Dear Carol..."

“Dear Carol…”

As Joe Concha reports on Mediaite, the media drumbeats are growing louder in the news media jungle, calling for Carol Costello to deliver an on-air apology when she returns to the CNN morning broadcast Monday. Various media critics, including the Washington Post’s Erik Wemple (whose judgement is inherently suspect after pronouncing the smug and biased CNN anchorwoman “outstanding”), Fox’s inconsistent Howard Kurtz, and even CNN’s own Brian Stelter, have declared unacceptable Costello’s vicious, personal, plainly partisan glee while introducing a tape of Bristol Palin giving her account of what she claimed as was a physical attack on her by a larger man.  (Then there’s me.) Concha concludes,

“Throw in the growing-in-popularity hashtag (#firecarolcostello) on Twitter, a CNN Should Fire Carol Costello Facebook page, and a boatload of hypocrisy after she called for an ESPN analyst (Stephen A. Smith) to be suspended for insensitive comments he made about women’s abuse during the Ray Rice controversy, and you have an embattled anchor whose only option at this point is to ask for forgiveness on CNN (a mandatory two-week vacation afterward might not be a bad idea, either).”

As I explained at the time, Costello was wrong, and stupidly wrong, about Smith, as indeed she is wrong with remarkable frequency, and annoying even when she isn’t. Hypocrisy is only a small sliver of her problem, and no apology will cure what her gratuitous attack on Palin’s daughter reveals beyond question. She can express contrition to Bristol, but again, it doesn’t matter: her words, and the fact that she was unable to restrain herself sufficiently to avoid saying them on the air prove that she is unacceptably biased for a journalist. So great is her partisan hate that she takes glee in bodily harm being inflicted on the children of a popular conservative figure. So alien to Costello are the values of professionalism, fairness and respect for her viewers that she actually said, on the air, that her favorite part of the tape was the part where Palin said she had been called a cunt.  Continue reading →

Ethics Dunce: The Gwinneth Football League (Lawrenceville, Georgia)

/ Jack Marshall / 29 Comments
"Us punish little boys playing football for scoring touchdowns!"

“Us punish little boys playing football for scoring touchdowns!”

Combine political correctness, the thoughts of Chairman Mao, incompetent administrators, kids and football, and this is the disgusting mess you get.

The Gwinnett Football League, a children’s sports program, allegedly fined one of its teams $500 and suspended its coach after an 8-year-old playing for the Lawrenceville Black Knights intercepted a pass and ran it back for a touchdown. In a normal sports league, run by sane people, where victory and achievement are appreciated, encouraged and celebrated rather than being stifled to allow losers to preserve their self-esteem when what they need is to be motivated to play better,  the child would have had a joyful, memorable childhood experience. Not in the Gwinnett Football League, however. The young player was to learn that his failure to realize that taking advantage of his opponent’s poor play was considered bad sportsmanship in this Bizarro World* league —cruel, unkind, psychically scarring—and would result in his team being fined and his coach being suspended. You see, the touchdown constituted an infraction of league rules, because the GFL has a so-called “mercy rule” that prohibits a team from throttling a weaker squad by more than 33 points.

The parents of the child protested that their son had no idea he should do. Miss the throw intentionally? Run it back the wrong way for an opposition touchdown? Beg the other team to forgive him? The parents of the rest of the team’s players insisted that the fine and suspension were far too severe….for, you know, playing football in a football game. Being fined and penalized for breaching an appallingly misconceived rule that nobody with the brains of an egret thought through? Yes, I think that’s a reasonable cause for complaint.

Hilariously, the president of the league, who must have risen to his place in life after his planned career as  pin setter didn’t pan out, told the media that news reports about the reason the team was fined were false.  Erik Richards said the team was fined because it made a “mockery of the game” in other respects besides running up the score: laying on the ground, running off the field and mocking the other players. He explained that the penalty for violating the mercy rule is “only” $100.

What the league needs is a fine for incompetent and irresponsible oversight of a kids football league: Continue reading →

Update On “The Hitching Post,” The For-Profit Chapel Being Required To Hold Same-Sex Weddings

/ Jack Marshall / 9 Comments

Emily Litella

“Never mind!”

From NPR in Boise:

The city of Coeur d’Alene, Idaho, says the Hitching Post, a for-profit wedding chapel owned by two ministers, doesn’t have to perform same-sex marriages.The city has been embroiled in controversy ever since the owners of the Hitching Post sued the city. They say a city anti-discrimination law threatened to force them to marry same-sex couples now that gay marriage is legal in Idaho…Initially, the city said its anti-discrimination law did apply to the Hitching Post, since it is a commercial business. Earlier this week, Coeur d’Alene city attorney Mike Gridley sent a letter to the Knapps’ attorneys at the Alliance Defending Freedom saying the Hitching Post would have to become a not-for-profit to be exempt.

But Gridley said after further review, he determined the ordinance doesn’t specify non-profit or for-profit. “After we’ve looked at this some more, we have come to the conclusion they would be exempt from our ordinance because they are a religious corporation,” Gridley explained.

…Leo Morales of the ACLU of Idaho said the exemption makes sense as long as the Hitching Post primarily performs religious ceremonies. “However, if they do non-religious ceremonies as well, they would be violating the anti-discrimination ordinance,” Morales said. “It’s the religious activity that’s being protected.”

…The group that helped create Coeur d’Alene’s anti-discrimination ordinance says the Hitching Post shouldn’t have to perform same-sex marriages. The Kootenai County Task Force on Human Relations says in a letter to the mayor and city council that the Knapps fall under the religious exemption in the law.

In other words, the result is as I said it would be, and as Professor Volokh opined that it should be.

The ethical thing, of course, would be for the Knapps to treat same sex couples as the loving human beings they are and marry them like they do any other loving couples. But when it comes to administering a religious ceremony, the State cannot force the Knapps to do what their beliefs don’t permit. Meanwhile, that’s some legal talent they are hiring in Idaho. “But Gridley said after further review, he determined the ordinance doesn’t specify non-profit or for-profit.” Upon further review? I’d think the city’s attorney would actually read the applicable statute before threatening a business and its owners without cause.

Oh, Mike? Upon further review, the Constitution doesn’t specify non-profit or for-profit either. But thanks for causing a thoroughly unnecessary controversy based on knee-jerk political correctness and sloppiness. Unless… you knew your theory was garbage all along, and were trying to bluff the Knapps into doing what you felt was the right thing, and their constitutionally guaranteed rights be damned. You wouldn’t do that, would you? I hope not. It would be unethical.

 

Unethical Website of the Month: Million Hoodies Movement for Justice

/ Jack Marshall / 34 Comments
Different hoodies, different races, same ethics...

Different hoodies, different races, same ethics…

Million Hoodies Movement for Justice is, in its own way, as racist as “Chimpmania,” and, I would argue, far more harmful.

The Chimpmania racists live on the margins of respectable civilization. They are the direct ideological descendants of those who wore hoods and lynched blacks in the South, but they operate in the shadows. Their hateful words and beliefs are almost universally recognized for what they are, the product of ignorance. The vast majority of Americans of any race or creed would be mortified to be associated with the site, or with anyone who read it.

In contrast, Million Hoodies Movement for Justice projects the sheen of respectability, and aims to advance legitimate, if debatable causes: the elimination of police militarization, and the banning of profiling. It is, however, as racist in its assumptions about whites as Chimpmania is regarding African-Americans, just more subtle. Continue reading →

When An Apology Isn’t Enough: Carol Costello’s Ugly Partisan Bias

/ Jack Marshall / 18 Comments

cnn

For over a month now, the left-leaning media on cable and the web have been snickering over unsubstantiated reports of “a drunken brawl” involving the Palin family. Especially since no charges were filed and no accounts were verified, the amount of attention the story received was itself proof of the media’s irrational anti-Palin, and by extension, anti-conservative Republican animus. If there was any doubt, CNN’s Carol Costello obliterated it in a performance that any respectable news network would regard as mandating dismissal.

Yesterday, introducing a recording in which Bristol Palin described the events at the infamous party, Costello smirked, “This is quite possibly the best minute and a half of audio we’ve ever come across. Well, come across in a long time anyway…Enjoy!”

Palin’s oldest daughter was heard describing what happened to her after she confronted the party’s host, whom she accused of pushing her little sister:

“So we were in a limo. I walk back up. “Did you push my sister?” And some guy gets up, pushes me down on the grass, drags me across the grass. “You slut, you f—ing c—, you f—ing this.” I get back up, he pushes me down on the grass again And he pulls me by my f—ing feet. And he’s the one that’s leaving and I have my 5-year-old, they took my $300 sunglasses, they took my f—ing shoes, and I’m f—ing just left here?”

Costello made it clear that the image of Palin being pushed down and insulted delighted her beyond all measure, and said “the long bleep was my favorite part.”  That’s the part where Bristol described herself being called a “fucking cunt.”  Nice. Costello ended the segment saying, Continue reading →

Ethics Alarms Encore: “Tom Yawkey’s Red Sox Racism, and How Not to Prove It”

/ Jack Marshall / 1 Comment

Yawkey TributeEvery now and then a comment out of the blue reminds me of a post that I had forgotten. That was the case here. Reading it again for the first time in five years, I was struck by how the crux of the post is still relevant today (that crux has nothing to do with baseball), and indeed how the intervening five years have made what I thought was a bad trend a genuine political and cultural malady.

And the World Series is going on, and I feel badly about the Red Sox having such a miserable season. This post, which few read when it was first published as the blog was attracting (let’s see…) less than 200 views a day as opposed to nearly 4000 a day now, is a good one, and I enjoyed it.  That “self-professed ethicist” has his moments…. Continue reading →

Supplemental Comments On The President’s Ordered Kiss

/ Jack Marshall / 18 Comments

I’m in NYC for a law firm seminar, and expect to get back to Ethics Alarms late if at all, so I want to make a couple of clarifications lest the comments on yesterday’s Ethics Quiz go astray.

I am not blaming the President for what is a standard, culturally embedded demonstration of male dominance, presumed female submissiveness and abuse of power. He is part of the culture that tolerates this, and while it would be immensely beneficial if he used his influence as a role model to move us away from this conduct that is a major, if under-recognized, way that the glass ceiling is kept intact, I recognize that this is a lot to ask, and that he has other pressing matters to deal with.

Make no mistake, however, that the male power-hug, power-kiss is a stubborn remnant of the patriarchy. I know that astute feminists (and others, like me) know this, and the fact that they don’t have the integrity or the courage to condemn the conduct when it surface’s in  a political ally is disappointing if not surprising.

To those who (absurdly) claim that the woman’s response in the video was consensual, I only ask them to speculate what her alternative to submitting to the POTUS ordered smooch was. She knew the incident was on television. He is the leader of the free world, she is, by comparison and to the public, at least, nobody. Should she have embarrassed him by refusing? Should she reject the President of the United States when he his being “nice,” thus instantly making herself the center of a controversy? Of course not. This is why the position the President placed her in was unfair.

It is, however, incredibly, disturbingly common. From Richard Dawson’s mandatory kisses from female contestants on the original “Family Feud,” to the old lions of the plaintiffs bar trying to cop a feel with my young female staffers at an association convention, men in power, and men generally, feel they have a right to this culturally accepted invasion of a woman’s physical person, and women feel obligated to permit it. Every time they do, they do their little bit to keeping men in a step ahead of them.

That’s the real issue here, not sexual assault.

 

Ethics Quiz: A Sexual Assault By The President?

/ Jack Marshall / 106 Comments
"Kiss me, you saucy wench!"

“Kiss me, you saucy wench!”

I owe blogger Ann Althouse big time for this:  What an alert and accomplished troublemaker she is!

This seems like a “gotcha!” and it is certainly that. It is more, however, and raises both illuminating and difficult issues. Here is the video of Obama’s encounter while voting in Chicago today:

Here is Althouse:

“I thought only “yes” means yes: Did Obama get true, verbalized consent from that woman before he kissed her?  No. He did not…Obama orders her to kiss him: “You’re gonna kiss me. Give him something to talk about. Now, he’s really jealous.” As you see in the video, he makes that declarative statement and immediately grabs her and kisses and hugs her. Why is that acceptable? He’s using her in an effort to regain dignity and to humiliate the man who humiliated him. It might all be dismissed as play humiliation and play counter-humiliation. But the woman’s body was used as an object of that play, a means of communication between men.”

When I ran an all-female staff for a mostly rich old guy association, I gave a standing order that no staffer would submit to a kiss from a member, no matter how “playful” and no matter how high-ranking the man was. There can be no consent in such situations, and a man saying “You’re going to kiss me” and doing it a) without free and open consent and 2) under the duress and the compulsion of superior power (Gee, do you think the President of the United States automatically carries that with him? Not sure? Ask Bill Clinton.) has engaged in textbook sexual assault and battery. This conduct, which has been the subject of a major initiative by the Democrat feminist base this year, counts encounters just like the one in the video as the kind of campus sexual assault that gives them the “one in five women are victims” narrative to stoke this skirmish in the “war on women.” So your Ethics Alarms Ethics Quiz—and I suggest you reflect a while before you answer—is this:

Is what Obama did in the video ethical, in the sense that it was responsible, respectful, fair, acknowledging autonomy, not an abuse of power or position, and most of all, meeting the strict standard of male-female interaction that is being aggressively and pugnaciously advanced by his feminist supporters?

Continue reading →

On Forced Acceptance Of Same-Sex Marriage: The Slippery Slope Stops Here

/ Jack Marshall / 113 Comments

Hitching-Post-Idaho

Donald and Evelyn Knapp, pictured above, are ordained ministers who conduct weddings at their for-profit chapel in Coeur d’Alene, Idaho, called “The Hitching Post.” After this year’s ruling by an Idaho federal judge that the state had to recognize  same-sex weddings, a City of Couer d’Alene deputy city attorney went on  local TV to say that for-profit wedding chapels could not legally turn away a gay couple without risking a misdemeanor citation. The Hitching Post, he noted, “would probably be considered a place of public accommodation that would be subject to the ordinance.” The Knapps say the the City Attorney’s office has made the same assertion in telephone conversations with them.

Now, the Volokh Conspiracy reports, the Knapps have moved for a temporary restraining order, arguing that applying the anti-discrimination ordinance to them would be unconstitutional and would also violate Idaho’s Religious Freedom Restoration Act.

They have to win. As Professor Volokh, a First Amendment authority of fame and renown, explains, Continue reading →