fairness

Journalism Ethics: David Gregory’s Impudent Question

/ Jack Marshall / 14 Comments

potandkettleHere’s a revolutionary suggestion: Maybe one should only be accorded the special rights of a journalist if one abides by principles of journalistic ethics.

Yesterday on his CBS Sunday Morning program “Meet the Press,” host David Gregory incited the ire of right, left and center by daring to ask Glenn Greenwald, the pugnacious left-leaning libertarian blogger and advocate who first published the NSA leaks from Edward Snowden, this question:

GREGORY: Final question for you…. To the extent that you have aided and abetted Snowden, even in his current movements, why shouldn’t you, Mr. Greenwald, be charged with a crime?

Greenwald’s answer, essentially, was “How dare you?”… Continue reading →

No “President Asterisk”

/ Jack Marshall / 20 Comments

asteriskThe IRS scandal has spawned a new round of partisan “what ifs?” from Republicans and conservative commentators, the gist of them being that President Obama’s election in the 2012 contest was the result of cheating, and the IRS’s successful efforts to stifle Tea Party organization efforts. Surely the less than 2% difference between Mitt Romney and the President might have been bridged had the kind of conservative enthusiasm that marked the 2010 Congressional election not been unethically and illegally stifled! Wall Street Journal blogger James Taranto has dubbed Obama “President Asterisk.” A research paper from the American Enterprise Institute suggests that the post 2010 targeting of conservative and Tea Party groups seeking tax exempt status may have cost Mitt Romney the Presidency. Continue reading →

Here Is A Law Suit To Root For

/ Jack Marshall / 10 Comments

birthdaycake1The continuing charging of licensing fees for commercial use of that most public of songs, “Happy Birthday,” has been an annoying anomaly for as long as I can remember. Why did TV families always sing some lame approximation or substitute when a character had a birthday? Just last week, I expressed my chagrin when Tom Selleck’s extended family on “Blue Bloods” brought out  granddad  Len Cariou’s birthday cake, blazing with candles, as they sang, “For He’s A Jolly Good Fellow!” Who sings that at a birthday party today? People who don’t want to be held up for the licensing rights for a song over a century old, that’s who. I believe the first time this issue imposed itself on my consciousness was when they sang some lame birthday song stand-in on “The Flintstones.”

Jennifer Nelson, a film-maker, has had enough. She was producing a documentary movie about the song, and naturally wanted it to be performed at one point in her film. Like many before her, she was told she would have to pay $1,500  via a licensing agreement with Warner/Chappell, the publishing arm of the Warner Music Group, which acquired the rights to the song  in 1988.  Nelson’s company paid the fee and is now seeking certification for a class action law suit arguing that “Happy Birthday”  is in the public domain, and has been. Warner/Chappell collects about $2 million a year in licensing fees for it, and the suit seeks return of the  fees it collected over  the last four years. The lawsuit cites the research of Robert Brauneis, a professor at the George Washington University Law School and the author of a 68-page article titled “Copyright and the World’s Most Popular Song.” In the study, Professor Brauneis demonstrates, to his satisfaction at least, that the Hill sisters,  Mildred and Patty, wrote a song in the late 1800s with the same melody called “Good Morning to All.” Nobody is certain who wrote the lyrics referring to a birthday, but it was in popular use as early as 1911. Continue reading →

Ethics Quiz: The Judgmental Judge

/ Jack Marshall / 33 Comments
"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 →

“Yeccch!” Ethics, The Saint’s Excuse, and Shotgun Shock PSAs

/ Jack Marshall / 49 Comments

crap poster

The above poster is being used by the Bristol, England, city council to get dog owners to pick up after their pets.

My reaction:

Yecccch! Ack!!! Gag!

Also this: What a lazy, inconsiderate, unfair and unethical assault on the majority in order to make an impact on a minority. Given the choice between wiping dog poop off my shoe or having my stomach turned by the image of a child eating it, I’m not sure which I’d take, or who I hate more, the inconsiderate dog owner, or the jerk who is willing to sicken me to get at him.

Good, noble, arrogant, self-righteous advocates for responsible behavior increasingly behave as if any collateral damage is acceptable, while their dubiously effective advocacy gets more shrill and ugly. Every time that current TV ad featuring the croaking, hideously disfigured ex-smoker talking while a photo of her lovely pre-cancer visage shows us the ravages of tobacco, I literally dive for the remote, just as I do when the animal cruelty spots begin bombarding me with images of sad-eyed, neglected and abused cats and dogs.

(I also do this when Piers Morgan, Nancy Grace, Donald Trump, Sean Hannity or Al Sharpton flash on the screen, but I digress.) Continue reading →

Emmy Ethics: Honoring Elmo, Or Honoring A Child Molester?

/ Jack Marshall / 22 Comments

kevin-clash1

I am assuming, based on the fact that this story was featured on the conservative muckraking website Brietbart, that some people think it is inappropriate to award three Daytime Emmys for children’s programming to Kevin Clash, the Muppets puppeteer whose career as fuzzy red monster Elmo on Sesame Street ended with a series of child molestation accusations.

If I am right, these people are dead wrong. Clash is an artist, and a talented one. Whether or not the allegations of his having illicit contact with under-aged boys are true, and none have been tested in court, his skill in manipulating and voicing the cutest and most vulnerable of the Muppets is beyond debate. The Emmy has never been nor claimed to be a character award. An Emmy recognizes excellence in television, in this case children’s programming, and it doesn’t make a smidgeon of difference if an artist is a child molester, a bank robber, a cannibal, a Nazi or a Billy Ray Cyrus fan—if he or she delivered the best artistic product, the honor is deserved.

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Spark, Facts and Graphic: Breitbart

Hold On, Taylor Bigler: First Get Into A Bikini And Answer The Question, THEN We’ll Discuss Whether It’s Fair To Mock Miss Utah

/ Jack Marshall / 16 Comments
By all means, her views on social policy should determine her place in the MIss USA competition...

By all means, Miss Utah’s views on social policy should determine her place in the Miss USA competition…

Every year some columnist or internet wag attempts to perpetuate the dumb bimbo stereotype and get cheap laughs in the process by calling attention to a beauty pageant contestant’s incoherent or fatuous answer to a question in the interview round. On rare occasions, the ridiculed response is jaw-dropping and genuinely funny, appropriately triggering fears that “Idiocracy” is upon us. However, the nonsensical curvy-contestent answer flagged by Daily Caller entertainment editor Taylor Bigler had a perfectly good excuse: the question was impossible to answer. Continue reading →

Of Teenage Tweets, Politics, Fairness, and Acorns

/ Jack Marshall / 8 Comments
How about scrutinizing the trees, and not the acorns?

How about scrutinizing the trees, and not the acorns?

Two GOP Congressmen are apologizing for the offensive tweets of their teenage sons, as well they should. But to what extent do the homophobic, racist and otherwise vile social network comment of a couple of high school students with famous fathers tell us anything about their legislator parents? Are such communications newsworthy? Should the kids be exposed to “Gotchas!” as if they were the elected officials, not their dads, and are their indiscretions legitimate clubs for political and journalistic foes to beat their fathers with?

I think these are difficult ethics questions, and I don’t much care for any of them.  Let’s examine the ethical conduct of some of the participants in this icky drama: Continue reading →

Flat, Flat, Flat…and Infuriating

/ Jack Marshall / 34 Comments

This was bound to happen.

A graph of President Obama's leadership learning curve since January, 2009. This is actually a new graph, including data since the last one of these I posted, though I recognize that the difference is hard to see...

A graph of President Obama’s leadership learning curve since January, 2009. This is actually a new graph, including data since the last one of these I posted, though I recognize that the difference is hard to see…

Waaay back in 2009, when the new President improvidently and recklessly commented on a local dispute between a Harvard professor and a Cambridge policeman, I pointed out that Obama needed to learnthe ethical limits on his power and influence. Teddy Roosevelt’s “bully pulpit” is not license for the highest office-holder in the land to try to mold public opinion on every conceivable matter, local or national, and to influence decisions solely within the authority of others. For the President to state his personal verdict on anything he wakes up concerned about risks putting a weighty thumb on the scales of justice. It is an abuse of power—a President behaving like an emperor.

This is not a difficult concept; indeed, with occasional lapses, every other President has grasped it instinctively. Not Barack Obama. Brilliant Barack Obama. “Constitutional scholar” Barack Obama. For while the Gates episode may have been a rookie mistake, he has engaged in exactly the same unethical, arrogant conduct repeatedly, here, and here, and here and here, and here, and especially here—and I’m sure I may have missed a few.

Each time I pointed out this inexcusable habit, I was barraged by glossy-eyed readers who made excuses for Obama  and rationalized his grandstanding remarks, accusing me of being biased and hypercritical. But with each new instance, it should have been progressively clearer that I correctly diagnosed this malady in 2009. Now, after Obama has done it yet again, commenting inappropriately about the military sexual harassment scandal, this proclivity has finally had tangible legal consequences. You can’t say I didn’t warn him. Continue reading →

The Teacher, The Ex, and Zero Sum Ethics

/ Jack Marshall / 170 Comments
"Carie? Your ex-husband is hear to see you!"

“Carie? Your ex-husband is here to see you!”

Domestic violence victims advocates are outraged over an incident in which second-grade teacher Carie Charlesworth, a teacher at San Diego’s Holy Trinity School, lost her job because of threatening conduct by her ex-husband.  After an incident where the school was placed on lock-down because Charlesworth’s ex, undeterred by a restraining order, came to the school to confront her, the school district decided that her continued employment was a risk to the safety of the school and its students.

In a termination letter, the district informed Charlesworth that her ex-husband’s “threatening and menacing behavior” made it impossible for her to continue teaching at the Holy Trinity School. Predictably, Charlesworth is angry, and suing. “They’ve taken away my ability to care for my kids,” she says.  She has four. “It’s not like I can go out and find a teaching job anywhere.”  Now she is publicizing her dilemma to dramatize the plight of domestic violence victims.

She is focusing her resources and anger on the wrong parties. Continue reading →