fairness

Donald Sterling’s Beard

/ Jack Marshall / 3 Comments
So THAT'S what was going on!

So THAT’S what was going on!

If the law suit just filed by Donald Sterling’s traitorous bimbo V. Stiviano is based on fact, the world of sports, media and political correctness may be getting a much deserved comeuppance. I really, really hope this comes to pass. Maybe everyone will learn something about not stealing private words and thoughts, and using them to wreck lives and reputations.

But probably not.

It was V.who famously taped the then owner of the Los Angeles Clippers, in his own bedroom earlier this year, making his remarks about not wanting his mixed-race girlfriend to bring blacks to his team’s games. Those comments were leaked, and launched an orgy of political correctness, as the NBA, its players and every pundit who could get to a camera, microphone or keyboard into rants about how disgusting and vile Donald Sterling was. The NBA fined him two million dollars and took his team away, while he was branded as the face of Ugly American Racism 2014, at least until Darren Wilson became an “executioner.” Based on what Stiviano’s lawsuit states, however, in support of her claiming defamation at the hands of Sterling’s estranged wife, what Sterling said on the tape might not  mean what everyone assumed it did, and perhaps wasn’t racist at all. Continue reading →

Ethics Train Wrecks Collide, As The Redskins And Trayvon Martin’s Mother Board The Ferguson Express

/ Jack Marshall / 12 Comments

trains_collision

I just can’t find a photograph of three trains running into each other–in the world of rail transport, that’s impossible.* With Ethics Train Wrecks, however, anything is possible, especially stupid, dishonest, and irresponsible things.

  • The Washington Redskins, one would think, have enough problems guiding their own Ethics Train Wreck, with the team’s owner, who would have been wise, prudent  and responsible to quietly get rid of an archaic name and logo before it became the focus of extreme political correctness bullying, having to battle government censors and opponents of free speech as well as censorious journalists and cynical Native American race-hucksters. But no! Some members of the team apparently feel that if one Ethics Train Wreck is fun, two is twice as nice. Thus it came to pass that during Monday night’s pregame introductions for the televised exhibition game against the Cleveland Browns, several Redskins players ran onto the field with their hands raised as a gesture of support for the slain Ferguson teen, Michael Brown. Brown, writes Yahoo’s Jay Busbee, “was killed by police even after witnesses said he raised his arms and told police he was unarmed. As a result, arms raised in surrender have become a symbol of solidarity and protest in connection with the Ferguson story.” [ Side Note: This is incompetent and biased reporting. Some witnesses say that; others dispute it. No account has been certified as true. Busbee suggests otherwise, and he also can’t write worth a damn: How could Brown have been killed by police after witnesses reported how he was killed?]  The idea originated with Washington safety Brandon Meriweather and cornerback DeAngelo Hall, and several players followed their lead.

Wrong, wrong, wrong: Continue reading →

The Protest Ethics Check List And The Ferguson Demonstrations

/ Jack Marshall / 55 Comments

APTOPIX Police Shooting Missouri

Protests are an American tradition, with protective rights enshrined in the Constitution, and a distinguished legacy that includes the Boston Tea Party and Martin Luther King’s civil rights marches and rallies. They are also perhaps the most misused and abused device in national politics. Most of them are useless, many of them are stupid, and too many of them do tangible harm.

The Obama Administration’s crisis of the hour is the Ethics Trainwreck in Ferguson, Missouri, where a perfect storm arose when an an inept, distrusted and untrustworthy police force and a poor and frustrated African-American population clashed over the Rashomon shooting of an unarmed black teen. Now there are demonstrations every day in Ferguson; several people have been killed, and the demonstrations have spawned rioting and looting.

What is the purpose of all of this? It better be a good one, given its cost, and the protesters better be right. The problem is that the protesters can’t possibly be right at this point, because the facts aren’t known. We are told that the reason for the demonstrations is larger than mere anger over the shooting of Michael Brown; that it’s about police harassment, abuse and violence against African-Americans and their lack of accountability for it. That would only be a sustainable justification if in fact the death of Brown was an unequivocal, clear-cut example of the phenomenon being protested. It is not, not yet, and it may never be. So again the question has to be asked: is it ethical to be protesting in Ferguson at all? Continue reading →

Unethical App of the Year: BuyPartisan

/ Jack Marshall / 44 Comments
The un-American app at work. Just what we need...more help at being divided.

The un-American app at work. Just what we need…more help at being divided.

One thing we can be sure of in our capitalistic, entrepreneurial culture: if there’s toxic conduct that somebody can make a buck out of facilitating, someone will.

BuyPartisan is a new smartphone app and the inspiration of app developer Spend Consciously. It allows users to receive an instant ideological score on every product, designating the manufacturer or service provider as virtuous or evil, or, as this sick, hyper-partisan, hyper-polarized, disintegrating culture would have it, Republican or Democratic, conservative or liberal.  After the self-righteous, hating-the-other-side-of-the-political-spectrum user scans the bar code on products with his or her phone camera, BuyPartisan (Get it???) accesses campaign finance data and analyzes contributions from the company’s board of directors, CEO, employees and PACs. This allows the happy, political aparthied-loving app user to stick it to any company that doesn’t comport with the user’s narrow, but absolutely right beyond question, view of the world.

Yecch. I want an app that tells me who uses this app, so I can avoid them whenever possible. Continue reading →

Monday Morning Lessons in News Media Bias, Incompetence, and Manipulation of Public Opinion

/ Jack Marshall / 13 Comments

Side profile of a journalist typing on a typewriter

It took all of 15 minutes this morning to see the incompetence and bias of the new media in action regarding two politically charged events currently unfolding:

1. The Washington Post: The Rick Perry Indictment

On page A3 of the Washington Post front section, this report by Post reporter Sean Sullivan was sub-headlined like this:

Texas governor denies any impropriety in feud with district attorney

Continue reading →

Prediction: The Ferguson Ethics Train Wreck

/ Jack Marshall / 32 Comments

michael-brown-ferguson-shooting

The witness accounts of the death of Mike Brown that have received all of the publicity suggest that the unarmed teen, after being shot in a police cruiser while resisting arrest, bolted from the car and was shot dead by Officer Darren Wilson as he tried to escape, even after the victim stopped and appeared to surrender. This is the account currently on Wikipedia, for example, and even in the absence of a fair and careful investigation, is the account accepted as fact by the “Justice for Mike Brown” protestors.

To those who are convinced that the police are evil, jack-booted racists and that a police officer with no record of equivalent misconduct would shoot down an unarmed and surrendering teen in public, this undoubtedly seems like a plausible scenario.  It sure doesn’t to me. I can see one way it might have happened this way: After Brown, who was huge, hurt and frightened Wilson in the car when they fought, Wilson lost his composure, and fired in rage. If that was the case, then he should be prosecuted for murder. Nothing in even that scenario proves or even suggests racism, but Brown was black and the officer was white, and for too many in the African-American community, that is proof enough.

Now another account has surfaced, on that might support Wilson’s account. It is also more plausible, because it both explains and even justifies the shooting. That account suggests that rather than turning from his flight and surrendering, Brown charged Wilson, placing him in legitimate fear of  bodily harm.

At this point, we have no way of knowing what the truth is. Maybe Wilson executed Brown. Maybe he is a racist. Maybe he is a psychopath. And maybe Brown’s conduct justified the use of deadly force by the officer, and the teen was largely responsible for his own demise. Presumably we will eventually know the truth.

I confidently predict this, however, based on what occurred in the Martin-Zimmerman case: Continue reading →

More On The Perry Indictment: The Mark Of Hack Partisan Journalism

/ Jack Marshall / 24 Comments

H

The unethical indictment of Republican Texas Governor Rick Perry in Travis County (Austin) for the “crime” of trying to force a drunk, power abusing, ethically corrupt district attorney from continuing to head the Public Integrity Unit—quick, now, Democrats…why is this a bad thing?—is a rare opportunity for otherwise incorrigibly biased journalists to show some token integrity and fairness. What is forfeited, after all, by admitting the obvious, that Perry is being railroaded by an abuse of prosecutorial power to derail him politically? Perry is no real threat to win the Presidency, no matter how high his stock is now. We all saw why in 2012.

So the liberal media has no need to play gotcha, and could, for a change, actually do its job: show the public why the indictment is nothing but a political hit job; why it’s a breach of legal ethics, how disgracefully Travis County DA Rosemary Lehmberg has conducted herself; why she is obligated to resign after breaking the law, trying to use her position to intimidate police officers on video, having her law license suspended, and apparently doing nothing about the fact that she is a raging drunk; why having such an individual heading up the agency responsible for public integrity is a threat to the public well-being and the public trust; and why a Governor of any political affiliation doing everything he can to pressure such a miserable and incompetent DA to resign as she had a professional obligation to do is, not merely not criminal, but admirable.

But most of them just can’t bring themselves to do it. So here is the Daily Beast partisan hack news commentary website, the yin on the left to the yang of Tucker Carlson’s partisan hack Daily Caller on the right, which wouldn’t be necessary if there weren’t a Daily Beast,  publishing this piece by its partisan hack staffer Mark McKinnon, implying that there may be validity to the indictment, suggesting that Perry did something wrong, and glossing over how disgusting it is that Lehmberg  still holds office. Continue reading →

Ethics Dunces: ABC News, Jonathan Karl and the Sunday Morning “Roundtable”

/ Jack Marshall / 39 Comments

Republican Texas Governor Rick Perry is being threatened with prison by a per se unethical and illegal grand jury indictment, obtained by special prosecutor Michael McCrum, that attempts to criminalize not merely political tactics, which is how critics are describing it, but the essential and obligatory efforts of a state’s elected leader  to remove a corrupt and unqualified district attorney who is unfit to serve, corrupt,defiant….and drunk as a skunk.

You can read various eviscerations of the indictment here, here and here; there are many more. So far, I can’t find a respectable legal source that finds the indictment anything better than jaw-droppingly absurd and an abuse of prosecution. Jonathan Chait, a left-ish pundit and far from a Perry fan (much like me, except for the left-ish part), nicely expresses his contempt of the charge here. A short hand version would be that Perry has been threatened with jail based on what he said about vetoing a bill, which seems like a First Amendment violation to me.

The reason for the Ethics Dunce call on ABC is that this morning, the network reported on the indictment of Perry and its effect on his Presidential prospects in 2016 without explaining the reason for the Governor’s actions that the prosecutor is straining to call illegal. A simple, thorough, clear explanation would be sufficient to cause any reasonable reader or listener to cry “What? You’re kidding! That’s not possible!” That explanation, however, was not forthcoming on ABC, and has been missing from other reporting as well. Continue reading →

Ethics Quiz: The Macaque’s Selfie

/ Jack Marshall / 16 Comments

Macaque

The wonderful photo above has gone viral on the web, and is also causing serious debate among intellectual property lawyers. The weird tale is as follows:

Wildlife photographer David Slater was visiting a national park in North Sulawesi to photograph the wildlife. His subject was a group of crested black macaques, and when he left his camera unattended, the primates took advantage of the opportunity. Apparently attracted by the reflection and the noise the camera made when activated (the implications of the macaques doing this because they were interested in photography are too disturbing to contemplate, so I won’t),  one macaque took hundreds of photos of itself. Most were blurry and out of focus, just like the pictures my dad took, but a few were superb selfies that would have Ellen DeGeneres eating her heart out.

Wikimedia took the clear images off of Slater’s website, adding them to its collection of royalty-free graphic, and sending them all over the web as a result.  Slater now demands that the images be taken down or that he be paid for them. While Wikimedia argues that either the monkey owns the copyright for the photos or nobody does, the photographer claims that being the owner of the camera, and the artist who created the circumstances under which the macaque was inspired to release his inner Richard Avedon, he alone is the owner of the photographs.

As you might expect, copyright law is unclear on the issue of lower primate selfies, an art form that was not anticipated as the law evolved. I don’t care about that: today’s Ethics Alarms Ethics Quiz is about fairness:

Should Slater have full ownership of the macaque’s creations?

Continue reading →

Ferguson’s “How Dare You Challenge Our Narrative?” Protest

/ Jack Marshall / 83 Comments

Mike-Brown-Signs

There was another large demonstration in Ferguson last night. This one appears to have been more proportionately and wisely managed by Ferguson police, who still had a bad day that didn’t do much to erase the impression that its leadership is not equipped to deal with the challenges posed by race politics in 21st Century America. The inexplicably delayed information on the circumstances surrounding the shooting death of teenager Michael Brown, including the name of the officer involved (who can now count on receiving death threats and having celebrities try to help vigilantes by tweeting his address), “infuriated”  Brown’s family and the African American community in Ferguson, on the theory that video showing Brown robbing a convenience store and assaulting its owner was an attempt to smear the victim of a racist killing, and to “justify” an execution.

It’s an unethical theory, and the news media and fair observers should reject it. Indeed, they have a duty to reject it.

A young man is dead, and that is a tragedy. Another young man, the one who shot him, is also involved, and his life, while not over, is going to be permanently scarred in the best case scenario. If “justice,” the word that the demonstrators in Ferguson and elsewhere are using as a mantra, is being used to mean what it is supposed to mean (and, it is not), then the young police officer deserves justice too. That means, at very least, waiting until all the facts are known that can be known, and making a dispassionate, objective, non-politically motivated analysis of what occurred, who was at fault, what crimes, if any, were committed, and how to prevent such incidents in the future.

Is that too much to ask? To insist upon?

So it seems. Continue reading →