fairness

The Lenahan Effect Meets The Streisand Effect

/ Jack Marshall / 6 Comments

From the Legal Ethics Forum:

The Lenahan Law Firm in Dallas Texas has subpoenaed Google to release the real name of an anonymous critic who posted an un complimentary online review of the firm’s services. The firm wants to sue the poster for daring to question its performance by writing,

“Bad experience with this firm. I don’t trust the fake reviews here.”

For this perceived insult, the Lenahan firm wants to punish “Ben” to the tune of $50, 000 in damages.

Ironically, the lawsuit, rather than the review, proves to my satisfaction that “Ben” has a point. He was clearly expressing his opinion: it is up to him, and only him, whether he regards the experience of working with the Lenahan firm as “bad” or not. In the complaint, the firm says that the declaration that the positive reviews are “fake” alleges dishonesty and fraud by the firm. Utter nonsense. First of all, the allegation, fair or not, is also obviously an opinion. Second, “Ben” is saying that the reviews are fake, which could mean insincere, among other interpretations. He does not attribute them to the firm. He doesn’t say where they came from. He doesn’t know. Maybe I sent them.

On the screen shot included in the complaint, it clearly says that “0 of 3” people found “Ben’s” review helpful. For that, the firm wants $50,000 in damages, since that zero potential client was driven to another firm with his lucrative business.

Unbelievable.

Over at Popehat, lawyer-blogger (and Ethics Alarms 2011 Ethics Blogger of the Year) Ken has been carrying on a vigorous battle against online censorship of free expression by threats and lawsuits. His current target is a ridiculous faux lawyer who is now threatening Ken for pointing out the error of his ways. In his commentary as well as his various emails to the individual, Ken explains with admirable precision why opinions are not actionable assertions of fact, useful passages that I would recommend to the Lenahan Law firm. The firm’s efforts to bully critics by making an example out of “Ben” also unwisely incur the “Streisand Effect,” the online phenomenon by which efforts to censor information on the web has the perverse consequence of giving it more visibility and influence.

I don’t know if there is a name for the effect—“The Lenahan Effect,” perhaps?—by which a law firm’s willingness to pursue a spurious, unnecessary and excessive lawsuit against a former client for expressing his views about the firm’s work has the perverse effect of showing the world why that client feels the way he does, but that’s what the Lenahan lawsuit against “Ben” does.

That’s only my opinion, of course.

The Susan G. Komen Foundation-Planned Parenthood Ethics Train Wreck

/ Jack Marshall / 53 Comments

Unlike the 26 U.S. Senators who are unethically abusing their positions by presuming to demand that an independent non profit organization expend its funds according to their interests, I am not going to tell the board of the Susan G. Komen Foundation how to pursue its mission…because as with the Senators, it is none of my business. Ethics is my business, and the full-blown ethics train wreck surrounding the Foundation’s decision to end its substantial financial support of Planned Parenthood has been created by dishonesty, misrepresentation and a lack of fairness from all directions.

Here are some unpopular ethics truths in this fiasco. Continue reading →

Ethics Quote of the Week: George Clooney

/ Jack Marshall / 11 Comments

“I think it’s a stupid thing. I think it’s stupid for anyone, whether they’re celebrated or not, I don’t believe their 911 calls should be broadcast around the world.” 

"Poor Demi! The public has a right to hear us humiliate her."

—-Actor George Clooney, speaking during Sunday night’s Screen Actors Guild Awards.  He was referring to the release and subsequent airing of a 911 call from a woman summoning rescue workers for actress Demi Moore, who, the caller said, was convulsing and had lapsed into semi-conscious.

Good call, George.

911 calls are considered public, but that doesn’t mean that the public needs or has to hear them, or that sleaze-factories like TMZ should put them online when their only purpose is titillation and to embarrass celebrities. There may be special circumstances that justify making a recording of a 911 call, rather than a  transcript, available to the public, but those should be exceptions. In cases like Moore’s, playing them is unfair and unkind, a clear Golden Rule violation, not that TMZ, or most journalists for that matter, would know about that.

If the media can’t control itself when it comes into possession of a 911 call that will embarrass someone who already has enough problems to deal with, then we need laws to keep 911 calls out of irresponsible hands…in other words, the news media’s hands.
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“Pay-What-You-Can” Ethics

/ Jack Marshall / 11 Comments

A live performance of Jules Feiffer's "Little Murders" at a regional theater in Arlington, Va. that holds "pay-what-you-can" performances over the periodic objections of its artistic director, me.

Toronto Star ethics columnist Ken Gallinger does a pretty good job today answering a query from a financially strapped theater-lover who feels guilty about attending “pay-what-you-can” professional stage productions. “…My husband says paying less than full fare takes advantage of the theatre company. Technically, we could pay the ticket price; we still have access to credit. And there are things we could cancel…What do you think?” asks the inquirer.

Gallinger explains the benefits to the company of not having a sea of empty seats facing the actors, and also how discount tickets have promotional value to theater companies. All true: the theater companies wouldn’t offer “pay-what-you-can” if they didn’t think it was in their companies’ long term interest. There are other benefits that Gallinger doesn’t mention. For example, the increased audience size still contributes to the average audience statistics that a non-profit company can use to seek advertisements and to argue for community foundation grants.

Even this wouldn’t cover the topic, however. “Pay-what-you-can” and other discount ticket programs are essential if theater companies are going to meet their own ethical obligations to the community, and if live theater is going to survive at all. The ticket prices at most large, established regional theaters are, in a word, unconscionable. Justifiable perhaps, since live theater costs more to produce than can be paid for by box office receipts, but still unconscionable. Continue reading →

And May The Best Man Win

/ Jack Marshall / 8 Comments

As of 1:20 AM, Newt Gingrich had not congratulated Mitt Romney on his Florida Primary win (clobbering Newt), nor did he offer the traditional congratulations to the winner in his concession speech.

I’ll grant Newt this: it isn’t as if he’s pretending to be what he’s not…gracious, fair, respectful, polite, humble, classy. I guess that represents a certain kind of integrity…the integrity to be a jerk, and to be open and unapologetic about it.

Ethics Quiz: Hair, Rules, School, and the Cancer Survivor

/ Jack Marshall / 15 Comments

"I think this has gone far enough, son."

I’m really not picking on the schools, though I’m sure it looks that way. There have just been a wave of strange controversies lately in the halls of academe….like the travails of  J.T. Gaskins, 17, who is fighting with his charter school near Flint, Michigan.

J.T. is a model student; in fact, he was honored on his high school’s “Wall of Fame” for perfect behavior. But he’s doing his school work from home these days after being suspended by the school governing board of Madison Academy in Burton, Michigan. The reason:  the length of his hair. J.T. is a leukemia survivor, and he decided over the holidays to grow out his hair, cut it all off and give it to a non-profit group called Locks of Love, which donates hairpieces to kids undergoing cancer treatments. He was inspired to get growing after learning that the sister of a family friend had cancer.

Gaskins’ long hair is violating school policy, however, and he was told to cut it, or go home. So home he went. “I fought cancer my entire life. I’m going to keep fighting this,” he said. “I’m not going to not give back just because my school says no.” Continue reading →

Faculty Advisor? Principal?? Supervision??? Oversight???? HELLO?????

/ Jack Marshall / 2 Comments

Joey knows just how you feel, Kenny. Except that he, unlike you, isn't real.

Eighteen-year-old Kenneth “Kenny” Clements, a graduate of Miami’s Ronald W. Reagan/Doral Senior High School, has filed suit against the school district because in February of 2011, when he was a senior, the Reagan Advocate published a story entitled “Teens Stay Quiet About STD’s”. The school paper’s front page story featured a photograph of Kenny with an “x” over his mouth, signifying that he was hiding his disease.

But Kenny didn’t have any sexually transmitted diseases, and he didn’t give his permission to have his photo used to suggest he did. After the article appeared, he says, his fellow students called him “STD Boy.”

This was obviously a cruel, unfair and irresponsible act by the students running the paper, but look at how irresponsibly professional journalists behave when they are drunk with the power of the press. This is why school newspapers must have diligent and competent supervision by adults, to prevent these kinds of things from happening….as they inevitably will without a cool head and an experienced hand at the rudder. Continue reading →

Easy Question With A Sad Answer: If The New York Times Is The Nation’s Most Respected Newspaper, What Does The Patrick Witt Story Say About The State of American Journalism?

/ Jack Marshall / 12 Comments

Patrick Witt, rapist. Well, accused rapist. OK, he was accused of something that might have been rape.All right, all right, we can't say what he is accused of or did, but he must be a bad guy, or we wouldn't be publishing this story about what some people say he did. Because the public has a right to know. Thank god for Freedom of the Press!

The jaw-dropping Patrick Witt story in Friday’s New York Times was heavy on my mind when I wrote yesterday’s post about the collapse of the news media’s ethical standards. I decided that it needed its own spotlight. When I read the piece about Yale’s former quarterback, what kept going through my mind was, “What does the Times think it’s doing?” I still can’t figure it out.

Reporter Richard Perez-Pena uses an anonymous complaint of sexual assault levied against Witt as justification for raising questions about a young man’s integrity and character and to undermine his reputation with innuendo, speculation and rumor. The article would be outrageous if it was written about a public figure. Publishing such a cruel and unfair attack on a relatively obscure student athlete defies all reason. Obviously, it is also bottom of the barrel journalism…from America’s premier newspaper. Continue reading →

Ethics Hero: Wolf Blitzer

/ Jack Marshall / 17 Comments

Watch out, Newt! It's SUPER-WOLF!!!

Once again Ethics Alarms finds itself in the sad position of calling conduct heroic that should be routine. Unfortunately, however, competent and responsible broadcast journalism isn’t routine, and if I was looking for a bold and quick-witted journalist to exceed the standard practice, it certainly wouldn’t be CNN’s plodding, timid and often befuddled Wolf Blitzer. Last night, however, as moderator of the latest GOP candidates debate, he did what few journalists ever have the confidence or courage to do: he challenged a politician on an absurd and hypocritical statement.

And yes, I confess…if Wolf fell slightly short of true Ethics Hero status by a couple of points, the fact that the politician involved was New Gingrich the Unethical put him over the top. If that be bias, so be it. Continue reading →

Celebrity Encounter Ethics

/ Jack Marshall / 15 Comments

You're welcome. But now I'll never know what Eddie Murphy is really like!

I run into a lot of celebrities when I travel. I assume everybody does who travels very often; I know that I am better at recognizing them than the average person because my celebrity knowledge spans multiple generations, I have a good memory for faces, and I have always watched way, way too much television. And it happened again today: I was having my usual battles with an airport self-service check-in kiosk, this one in Atlanta, when I realized that the traveler enduring similar annoyances (“We have no record of your itinerary. Please enter the code that we call something other than what it is called on your ticket receipt before you get frustrated and have to wait in line to speak with an agent, because you know that’s what is going to happen.”) was the young actress-singer, Raven-Symone.

She was traveling alone, and it seemed clear that nobody around us had any idea who she was. Strange: doesn’t everyone watch “The Cheetah Girls,” “Dr. Doolittle 2” and re-runs of “That’s So Raven” on the Disney Channel? The encounter immediately sent me into Marshall Celebrity Recognition decision mode: what is the ethical way to treat the rich and famous if you are insignificant and lowly, and close enough to assassinate them? Continue reading →