Ethics Hero: Indianapolis Big Tipper, “Miss Jo”

Big Tip

It has been a rotten week in every way. My good friend and mentor, legal ethics expert/ attorney/ professor/performer David Austern died, leaving me with memories of how much he meant to my life, and how inadequately I thanked him. My son has been off on his first extended road trip without us, giving his mother and I a preview of how much we will miss him as he prepares to leave the nest. And, of course, I simultaneously watched our government fulfill my most pessimistic predictions as it appeared to fairly shamelessly embrace lies and abuse of power as legitimate tools of governance, and lost  respect for many, many people I had once thought better of for not only excusing the inexcusable, but embracing a looming threat to democracy.

Depressing, discouraging, frightening, and rotten through and through.

I need a break.

I need hope.

Thank you, Miss Jo, whoever you are. Continue reading

Why Photographer Arne Svensen Is An Unethical Creep

Photographer/artist/ Peeping Tom Arne Swenson as played by Jimmy Stewart in "Rear Window."

Photographer/artist/ Peeping Tom Arne Swenson as played by Jimmy Stewart in “Rear Window.”

“For my subjects there is no question of privacy; they are performing behind a transparent scrim on a stage of their own creation with the curtain raised high. The Neighbors don’t know they are being photographed; I carefully shoot from the shadows of my home into theirs.”

Believe it or not, this is how photographer Arne Svensen justifies his wildly unethical photographic peeping Tom excursions into his neighbor’s bedrooms for his own profit. This artist has provoked a controversy by 1) stalking the people who live in the New York apartment building across from his, 2) keeping a camera lens on them when they dare not to keep their windows shuttered as if they were vampires, 3) shooting photographs of whatever he sees that tickles his artistic sensibilities, fetishes or perversions, 4) choosing photos that do not show the faces of his subject victim, and 5) exhibiting and selling the results as artwork.

Amazingly, his neighbors object!

Let me cut to the chase here and be direct, because any minute now we are likely to find out that President Obama’s EPA has been secretly causing coal mine cave-ins and assassinating oil execs to forestall global warming, and that the President is outraged and just heard about it when we did, and will take strong action by telling the officials involved that they have to sit in the back during the next White House concert, and I’ll be distracted. Continue reading

Resolving An Ethics Alarms Ethics Conflict

poof-smallI just took down a post, something I have only done four times previously. This decision, unlike the others, was the resolution of a genuine ethics conflict, created in part by the recent discussions here.

Tonight I received a terse demand, phrased as a request but with a time deadline,* from a former commentary subject insisting that I remove a critical post here from nearly a year ago. The post was not factually incorrect, nor  did it make any factual assertions that could support a credible defamation claim. My commentary was pure opinion, though a fairly harsh one. I have pledged, following the inspirational example of Ken at Popehat and also attorney/blogger Marc Randazza, not to countenance web censorship involving bogus legal threats, and thus drafted and came within a finger-stroke of sending a rejection of the demand, and a strongly worded one.

Then I re-read the post at issue. It was a criticism of a tweet from a professional that I believed, and believe, had the effect of unfairly impugning an entire workplace and the identifiable colleagues of the tweeter. The tweet was wrong, but I realized that I was also wrong to highlight it here. I have been writing quite a lot lately about the inherent Golden Rule violation of web-shaming individuals for single and isolated unethical acts that fall short of illegality or such outrageous callousness or cruelty that there is a duty to warn others. I think there is a toxic cultural trend, fed by the power of the internet, that will soon make web bullies and assassins of us all, and potential victims as well. I want to fight that trend, not contribute to it. I think, in the case of that post, I was on the side that I now believe is the wrong one. It was a stupid and thoughtless tweet. It did not justify a web-shaming on Ethics Alarms. Continue reading

Further Refining The Naked Teacher Principle: The Firing of Olivia Sprauer,

But she's not naked!

But she’s not naked!

It will be therapeutic, I hope, to  take a breather from considering the steadily increasing seriousness of the various government scandals, as well as reviling the increasingly desperate spin being employed to try to deflect them, and to focus on something both far removed and of vital national interest. Of course, that means buckling down and refining the Naked Teacher Principle, which in its formal explication, is that a responsible high school teacher has a duty to take reasonable care that her students do not see her in the nude, and if she does not, and her students do see her in the nude, she has no standing to complain when the school deems her unable to maintain the proper and necessary credibility and dignity necessary for teaching.

Now comes the news that at Martin County High School, in Florida, a ninth-grade English teacher of otherwise good repute named Olivia Sprauer has been fired for being shown on the web modeling bathing suits, and offering her services to photographers for less clothed presentations. Should the Naked Teacher Principle or any of its variations apply? Continue reading

Ethics Dunce: Washington Post Columnist Richard Cohen

Richard Cohen, a fair and smart liberal columnist who sometimes jumps the ethics rails...like now.

Richard Cohen, a fair and smart liberal columnist who sometimes jumps the ethics rails…like now.

Richard Cohen, the veteran liberal columnist at the Washington Post, is not your usual knee-jerk partisan pundit. He’s that rarity, a thoughtful and fair opinion journalist who does not choose his positions according to which side he would rather have drinks with. He really, really doesn’t like Republicans and conservatives, but he is capable of siding with them, or at least against his philosophical brethren, when common sense and matters of basic right and wrong beckon. I used to think of him as a left-biased partisan, but then I had a chance to read E.J. Dionne and Eugene Robinson on a regular basis, and Cohen’s relative objectivity and fairness became obvious.

He does have blind spots, however. One is sexual harassment, which, as an older guy who likes flirting with young women at the gym and doesn’t understand that whole “unwelcome advances” thing, he just doesn’t comprehend. Another is the compliance delusion. To be seriously unethical in Cohen’s eyes, you have to break the law. Otherwise, it’s “everybody does it.” Cohen is prone to fall for other classic rationalizations as well.  He is a “gut instinct”analyst where ethics are concerned, and gut instincts aren’t enough. They will eventually lead you astray. They lead Cohen astray.

This was the glaring flaw in his recent column about the Benghazi controversy, where Cohen fell into line with the Obama protectors in the media whose argument is, “So they lied…who cares?” He wrote in part…

“…President Obama was then really Candidate Obama and he surely did not want the words “terrorist attack” uttered during the presidential campaign. In addition, the CIA and the State Department were in a cat fight and could not agree on the wording of the talking points — or even, from a fair reading of their clashing e-mails, who the fanatical enemy was: al-Qaeda or members of Congress? In all this, it’s almost possible to forget that four Americans died in Benghazi. The event was a tragedy and it hardly matters, as then-Secretary of State Hillary Clinton vociferously maintained, if the attack occurred spontaneously or was planned. Either way, it was a success for the terrorists and a debacle for the United States.

“It is good to find out how this happened — who’s responsible for the inadequate security, etc. — and it is also good to hold the Obama administration accountable for putting out a misleading statement. But the record will show that a thorough report was, in fact, compiled. Its authors were Thomas Pickering, an esteemed retired diplomat, and Adm. Mike Mullen, an equally esteemed retired chairman of the Joint Chiefs of Staff. They found the standard mistakes and snafus — but no crime….Watergate, though, was a crime. Iran-contra was a crime. Government officials were convicted and some of them went to jail. Fudging a press release is not a crime. Compromising on wording is not a crime…It is not a crime either to make a mountain out of a molehill, but this particular one is constructed of a fetid combination of bad taste and poisonous politics. Dig down a bit and it becomes clear that some — many? — Republicans suspect that Barack Obama and-or Hillary Clinton are capable of letting people die to cover up a terrorist attack. Either that, or this is what they want us to think.”

It’s a fascinating passage, because you can see Cohen slowly going off the ethical rails: Continue reading

Psychic Ethics: Sylvia Browne’s Dilemma

Sylvia Browne, under fire for not being a real psychic by people who should know better.

Sylvia Browne, under fire for not being a real psychic by people who should know better.

Growing up, I knew Sylvia Browne as one of the more colorful friends of my father, who knew her brother in the army. She visited from Kansas City every year or so, and her claims of psychic powers never came up, perhaps because my father didn’t believe in such things. My first inkling of “Aunt” Sylvia’s other life was when she pulled me aside in the fall of 1966, after hearing me bemoan the low state to which my beloved Boston Red Sox had fallen. They were going to finish the season in last place, the team’s vaunted youth movement was a flop, and I was disconsolate. “Don’t tell anyone I said this, ” she told me, “but the Red Sox will be in the pennant race next year to the very end. It will come down to the last two games.”

This seemed incredible to me, but what the heck: when the 1967 season tickets went on sale that winter, I sent in an order for two seats on the third base side for the next-to-last game of the season, against the Minnesota Twins. Baseball fans will recall that the ’67 season featured the closest race in American League history, with four teams, including the underdog Red Sox, staying essentially tied for months, with the pennant decided in the last two days at Fenway Park. Sure enough, Boston swept the Twins twice to make up a one game deficit and go the World Series. Sylvia called it.

During college and law school, Sylvia Browne fell out of my family’s life, but our paths intersected again when she showed up for a surprise visit at our home while I was studying for the Massachusetts bar exam in 1975. My job with the Mass Defenders had fallen through, and I had received an unexpected job offer from my law school to work for the new Dean. It would mean moving to D.C., which I didn’t want to do, and I was torn. This was the big topic of discussion while Sylvia was having dinner with us; my mother was emphatic that I should turn the offer down. For the second time, Sylvia pulled me aside for an unsolicited consultation. “Go to D.C.,” she said. “Your future wife is waiting for you.” I naturally assumed that she meant my current girl friend from law school, who was still in the District. “Not her,” Sylvia said. “Another. This job will bring you together, for good.”

I did take the job, although Sylvia’s advice played no part in it. Indeed, I forgot about the conversation completely until it came back to me right before I proposed to my wife, now my wife of 33 years, who was a work colleague of mine at the law school. Sylvia was two for two, at least where I was concerned.

Why I only had dealings with Sylvia Browne when the Red Sox were destined to go to the World Series I can’t imagine (Boston played Cincinnati in the 1975 classic), but the next time I heard from her was in 2004, the year they finally won it. She called me in my ProEthics office on November 17 of that year, and she was distraught. She was calling me, it turned out, not to give advice, but to receive it.  Continue reading

Angel Hernandez’s Botched Home Run Call, Continued: Now THIS Would Justify Over-Ruling It

"You blew that call deliberately! Didn't you? DIDN'T YOU???"

“You blew that call deliberately! Didn’t you? DIDN’T YOU???”

Yesterday I wrote about the terrible, tomato-worthy botch of a home run call by Angel Hernandez in an Oakland-Cleveland baseball game, and how as bad as it was, the rules of the game don’t permit such rules to be over-turned, and thus over-turned they must not be, lest the game’s integrity be damaged. But on the Dan Patrick radio sports show today, renowned baseball writer Peter Gammons theorized that Hernandez may have refused to credit Adam Rosales of the A’s with a home run, despite the instant replay proving to anyone with eyes that it was not a double as he had ruled, because he, like many if not all major league umpires, hates the concept of allowing instant video replay to over-rule umpire judgments.

And, of course, Hernandez has a well-earned reputation as a spiteful jerk.

Hernandez would never admit to so unprofessional an act, but I think Gammons’ speculation is fair, and also very possibly correct. The alternative is to conclude that Hernandez literally can’t see, which seems unlikely. What seems far more likely is that he and his umpiring crew decided to register a nasty and unprofessional protest over the gradually expanding trend in Major League Baseball of letting technology do better what umpires have traditionally done well. Continue reading

Of Hero Ethics, Credit, Fame, And Angel Cordero

Angel Cordero, unsung hero. And in good company.

Angel Cordero, unsung hero. And in good company.

Apparently a Cleveland man named Angel Cordero is every bit as deserving of accolades in the rescue of the three kidnapping victims of Ariel Castro [of alleged kidnapper and rapist Ariel Castro, that is. Reflect on this case the next time someone puffs themselves up to reprimand you for a missing “alleged” and lectures you about how the accused are “innocent until proven guilty.” Yes, we know—and that means we can’t lock them up and throw away the key until they have had a fair trial and been officially proven guilty beyond a reasonable doubt in the judgment of a jury. It does not mean,  in a situation where there is literally no possible interpretation of the facts that would not end with the conclusion that the man who owns the house where three women have been kept prisoner for ten years and who have told interviewers that he beat them, starved them and raped them, that to state the obvious is some kind of human rights violation. By the way, O.J. is guilty too.] as the more colorful, more publicized–and more ridiculed—Charles Ramsey.

I want Cordero to receive the credit and admiration he deserves. I don’t want him to feel bitter and unappreciated. If the media, public and popular culture is inclined to bestow its goodies on the heroes of this horrible story, I hope he gets his fair share. Still, I also hope that he would be sufficiently large of soul and solid of values to adopt the attitude that what is important is that the women were rescued, and not who gets credit for it, now or in the future. Continue reading

Mom Ethics and Kobe Bryant’s Plight

Ah, how many of you must identify with Kobe Bryant today!

Did Mom throw them out?

Did Mom throw them out?

He is enmeshed in an ugly family dispute, suing his own mother in response to an unethical wound that mothers have casually inflicted on their children for centuries.

The superstar Los Angeles Lakers guard’s lawyers argued in a court filing that Bryant never gave his mother permission to sell his memorabilia from his high school days and early professional basketball career, in an attempt to block the auctioning off of jerseys, balls, trophies, championship rings and more for his mother’s profit. His mother, Pamela Bryant, says that she has the right to sell the stuff, because the NBA star told her the memorabilia was hers. She has already received a received a $450,000 advance to have Berlin, N.J.-based Goldin Auctions sell it all for top dollar. Continue reading

Once Again, Fairness vs. Integrity In A Baseball Controversy

George Brett was a bit chagrined when his home run was disallowed...

George Brett was a bit chagrined when his home run was disallowed…

It has happened again, as it has thousands of times since the great game of baseball was invented. A result that is permitted by the rules violates the sense of fairness of  objective observers, who thereupon demand that the result be “fixed,” after the fact, by baseball’s powers that be. The most infamous recent example of this scenario was in 2010, when umpire Jim Joyce robbed a deserving pitcher of the perfect game he had pitched (27 batters, 27 outs) by calling the final batter safe at first on a close play, when the player was obviously (to all but Joyce, that is), out. The umpire quickly and openly admitted his error after the game, but there is no provision in the baseball rules for the League or Major League Baseball reversing an umpire’s judgment call after the fact, no matter how bad it was or how unjust the results. Baseball’s Commissioner Bud Selig, to his credit, refused to yield to the popular outcry to give the unfortunate Detroit Tigers pitcher, Armando Galarraga, the achievement and place in baseball history that should have been his. The rules say that unless umpires have actually misinterpreted the black letter rules of the game, there is no remedy. Umpire errors, like player errors, are part of the game.

Last night, what should have been a game-winning home run was called a double by umpires, and what was worse, they held to their mistaken call even after the mandated video review MLB now allows for disputed home run calls. The umpires viewed video that clearly shows the Oakland A’s Adam Rosales’ hit clearing the wall, but crew chief Angel Hernandez bizarrely claimed that the video wasn’t conclusive enough to justify a reversal. Since the A’s lost the game by one run, this altered the result, and there have been calls for an official reversal with the game being replayed. Continue reading