fairness

Herman Cain, the News Media’s New Sarah Palin

/ Jack Marshall / 9 Comments

Calling Herman Cain an Oreo and an Uncle Tom is bad, but comparing him to Sanjaya? Is there no limit to media cruelty?

At least when the media and pundits decided to suspend basic principles of fairness and decency to attack Sarah Palin for the unforgivable crime of being an outspoken conservative woman (even before she had a chance to show she deserved to be attacked for other reasons), she had been nominated for Vice President. Business executive Herman Cain, a similarly reviled aberration from the expected norm as a black Republican, is now getting equally unconscionable journalistic treatment just for getting decent poll numbers.

I will move past the race-based attacks from columnists and the MSNBC hit squad that have explicitly referred to him as an Oreo, an Uncle Tom, a black man who “knows his place,”  “the GOP’s token,” and “the Sanjaya of the Republican field,” as well as the many demeaning references to him as a “joke candidate,” and go right to this weekend, when the Palin standard was on bright display.

Here is part of the interview of Cain on “Face the Nation,” after host Bob Scheiffer showed Cain’s bizarre web ad, which ends with his campaign manager taking a puff on a cigarette:

Continue reading →

The Great Chicken Sandwich Caper, Safeway and the Duty to Think

/ Jack Marshall / 39 Comments

In the updated American version, Gene Valjean steals two chicken sandwiches for his starving and pregnant wife, and he is hounded by the relentless Safeway manager, Fred Javert.

[ Update (11/2/2011): Safeway has dropped the charges stemming from this incident, and rescinded its one year ban of the Leszczynskis. None of the commentary on the story is affected by this development. The damage is done, including to Safeway’s image. The fact that the grocery chain decided not to do any more damage, and took a week to decide it, is not anything to admire.]

Periodically Ethics Alarms breaks into a debate over whether prosecutorial discretion is fair and just. When appropriate, it is fair and just, and here is an example of the kind of injustice that occurs when the law is enforced without concern for proportion, intent, or common sense.

The villain in this case was not a prosecutor, however, but a Safeway manager.

Nicole Leszczynski, who is 30-weeks pregnant, her husband Marcin, and daughter Zophia were shopping at a Hawaii Safeway where they bought about $50 worth of groceries. During their shopping, Nicole began feeling faint, and ate two chicken sandwiches, a deal at only $5.  The couple forgot about  the sandwiches when they checked out their other items, however. (Full disclosure: I’ve done this. With a banana.) The store detained them and refused to accept payment. Then the store manager called the police, and they were placed under arrest for larceny.

In accordance with police policy when both parents are arrested, 3-year-old Zophia was taken by Child Protective Services, and not returned to the Leszczynskis until the next day. Continue reading →

Occupy Wall Street: “This Is What We Want!” Finally! Oh…THAT.

/ Jack Marshall / 41 Comments

Time to stop wasting our time.

After more than a month of demonstrations that have cost millions, deflected local governments from vital matters, inconvenienced and clogged cities across the country, invigorated anarchists, communists, fascists, free-loaders and loonies, suckered desperate Democrats into declaring common cause with a mob, and exposed the worst of Left-wing punditry as the embarrassing demagoguery society that it is…and after well-intentioned demonstrators have been robbed, arrested, and injured…the Occupy” movement finally is finally ready to declare what it wants.

It’s about time. Large-scale demonstrations to express “frustration” are the advocacy equivalent of humming, or maybe belching: speak clearly, or get off the street.  On October 9, Ethics Alarms described the Occupy Wall Street demonstration, in the context of pointing out the friendly mainstream media embrace of a left-ish, anti-capitalist mob in contrast to its open contempt for the peaceful, focused and conservative Tea Party, as “incoherently chanting anarchists, radicals and unemployed youths…advocating nothing constructive whatsoever.” Many of the site’s distinguished readers objected to that characterization, with one, blogger Jeff Field,  promising to produce an articulation of what the protest really wants to accomplish. Today he fulfilled that promise by sending me a statement by an “Occupy” supporting group, with his introduction, “This is what we want.” I am genuinely grateful to Jeff…especially since it shows that I was correct in my assessment, however harsh. Continue reading →

McDonalds, Germs, and the Zealot

/ Jack Marshall / 18 Comments

Be afraid. Be very afraid.

Erin Carr-Jordan went to a McDonald’s with her children this summer, and was horrified by the condition of the restaurant’s play area. The professor of child development then set out to shame the McDonald’s into cleaning up, posting a video she made showing her findings and the lab results of samples she took, showing a space teeming with pathogens and bacteria.

McDonald’s corporate finally got into the act, agreeing with the mother and explaining to the Los Angeles Times that the conditions were “unacceptable, completely unacceptable … but not reflective of our business and our restaurants” and that the company had “immediate corrective action to thoroughly sanitize the PlayPlace.” That might have qualified as a victory for most moms, but not Prof. Carr-Jordan. She began a full-fledged crusade, investigating McDonald’s and other fast food restaurants in 11 different states in recent months to test them for cleanliness. These were her family vacations: “Kids, forget about Walt Disney World. We’re going to spend the next three weeks going to  filthy fast food joints!”  What fun. She swabbed  at each location and sent the samples off to a microbiology professor who analyzed the samples and usually stated his results as “OH—MY—GOD!!!!” Continue reading →

Scott Olsen, The “Occupy” Movement and The Protest Dilemma

/ Jack Marshall / 7 Comments

The critics of the various Occupy Wall Street demonstrations are hustling to defuse the backlash from an incident that took place this week in Oakland, where a confrontation between police and Occupy Oakland protesters not only led to many arrests, but also a severely injured protestor. Iraq war veteran Scott Olsen is hospitalized with a fractured skull as a result of being hit by a projectile directed by police, probably a tear gas canister.

In the age of YouTube, the various images of Olsen’s injury were quickly exploited by protest organizers, as should be expected and is entirely fair. All demonstrations and protests are ultimately about public relations: if the protesters manage to be viewed more sympathetically than the group they are protesting against, then they attract sympathy and support. They win. If the protesters become unsympathetic, then they lose. All intense demonstrations eventually become a game of chicken between demonstrators and the government’s law enforcement force, be it police or National Guard. The demonstrators refuse to clear out of an area where they do not have a right to be, either because of the lack of a permit, or because they are disrupting the public peace, safety and welfare. They will try to provoke police without appearing so violent, unruly or scary that they lose public support. The police (or National Guard) have a job to do—they also have their own physical safety to protect—and yet they have to avoid making martyrs out of the demonstrators by appearing too militaristic, and also to make sure that their efforts don’t evoke images of police state oppression. Continue reading →

Ethics Quote of the Week: Charles Krauthammer

/ Jack Marshall / 6 Comments

Let's see...nope! Still too good for Gaddafi!

“Under the normal rule of law, truth is only a means for achieving justice, not an end in itself. The real end is determining guilt and assigning punishment. But in war and revolution one cannot have everything. Justice might threaten peace. Therefore peace trumps full justice. Gaddafi could have had such a peace-over-justice compromise. He chose instead to fight to the death. He got what he chose. That fateful decision to fight — and kill — is the prism through which to judge the cruel treatment Gaddafi received in his last hours. It is his refusal to forgo those final crimes, those final shellings of civilians, those final executions of prisoners that justifies his rotten death.”

—- Charles Krauthammer, revered conservative columnist and pundit, in his column rebutting the complaints of human rights activists regarding the rebel execution that took Moammar Gaddafi’s life.

Krauthammer is right, and he is wrong. He is right that no one should feel any pity for Gaddafi, a brutal and inhuman despot who had it entirely within his own power to both save his own life and refrain from killing even more of his countrymen than he had killed already. He is wrong that Gaddafi’s crimes and cruelty suspend civilization’s principles of justice and ethics. Continue reading →

Ethics Quiz: Should A High School Football Team Be Punished For THINKING About Being Unethical?

/ Jack Marshall / 10 Comments

Beware of unethical thoughts!!

Talk about strict!

Officials at Omaha, Nebraska’s Creighton Prep were horrified to learn learned that about fifty members of the school’s football team had planned an ethically offensive scavenger hunt that included “a group photo with a topless chick,” “a pic with a fat chick,” “steal a yarmulke from a Jewish synagogue” and “get into a yelling fight with a stranger in public,”along with more harmless challenges.

In fact, the players, divided into groups, lost their nerve. Administrators learned that the players vetoed the most objectionable activities in favor of those that were harmless and silly.

“I’m disappointed in their plan because their plan is inconsistent with the mission of their school,” said Rev. Thomas Merkel, president of the all-boys Catholic school. “I’m proud of the fact that they didn’t follow through on their plan.” Not too proud, though:  the students involved received in-school suspensions and were barred from extracurricular activities, including football practice. None of the students were expelled.

The hunt came to the school’s attention when one of the scavenger teams lost its list, which was subsequently found by a student who turned it in to the brass. The administrators determined that the plan “promoted hazing, exploitation of women, theft and other conduct unbecoming of a Creighton Prep student.”
None of which, apparently, the students actually did.

Your Ethics Quiz Question: Is it fair and appropriate to punish the football team members for including offensive tasks on the list, even if none of them were actually performed? Continue reading →

Ethical Jobs Plan: Let’s Put Lawyers in the 99%

/ Jack Marshall / 17 Comments

19th Century American lawyer without law degree or bar exam credentials. Reputed to be effective, honest.

Despite the fact that such a change might be ruinous for me personally, since a large portion of ProEthics income comes from providing bar association-mandated continuing legal education courses on ethics, I have to endorse the arguments made by Brookings Fellow Clifford Winston and George Mason Law Professor Illya Somin for eliminating barriers to entry in the legal profession, such as mandatory law school attendance, the bar exam, and bar membership.

Winston writes:

“For decades the legal industry has operated as a monopoly, which has been made possible by its self-imposed rules and state licensing restrictions — namely, the requirements that lawyers must graduate from an American Bar Association-accredited law school and pass a state bar examination. The industry claims these requirements are essential quality-control measures because consumers do not have sufficient information to judge in advance whether a lawyer is competent and honest. In reality, though, occupational licensure has been costly and ineffective; it misleads consumers about the quality of licensed lawyers and the potential for non-lawyers to provide able assistance. Continue reading →

The Rick Perry-Birther Flap: An Addendum

/ Jack Marshall / 16 Comments

I’ll make this uncharacteristically brief.

I wrote, and believe, that media reports that Rick Perry had expressed Birther sentiments were unfair and misrepresented his words. That was correct. In interviews since that post was composed, Perry has suggested that it is fun to tease the President about the dispute over his place of birth and citizenship, and “keep it alive.”

No, it isn’t. It is unfair, disrespectful and wrong. There is no teasing that is appropriate when the subtext is a challenge to a President’s legitimacy. Perry needs to cut it out, though it is too late in one respect: his words indelibly mark him as a jerk.

Let me also say that I am not especially sympathetic to Democratic indignation regarding teasing over a president’s legitimacy. This is exactly what the entire party did for every second of President Bush’s tenure, suggesting that the 2000 election was “stolen,’ thus rendering his tenure illegitimate. This exploited the vast majority of the public’s ignorance about the Electoral College, and also involved impugning the integrity of the U.S. Supreme Court, doing far more damage to the nation than the idiot Birthers on their best day.

That does not excuse Perry, of course. Every additional word he says to keep the Birther issue in the public eye is another reason—and there are already plenty—to keep him in Texas.

The Media’s Birther Smear On Rick Perry

/ Jack Marshall / 27 Comments

The race for the Republican nomination for president has a long way to go, but the winner of the title of Republican Contender Most Unfairly Abused By The Media has probably been wrapped up. It’s Texas Governor Rick Perry, in a romp.

I’m not sure why, exactly. I suppose the combination of a southern, gun-carrying, capital punishment-supporting, openly religious, conservative Republican just has too many characteristics that the typically Democratic, liberal atheist, gun-hating journalists who overwhelmingly populate the newsrooms instinctively want to destroy. They still have an obligation to do it fairly and honestly, however. Where Perry is concerned, fair and honest seem to be forgotten.

Last week I heard David Letterman say that Perry “is starting to look like someone who crawled out from under a painted rock.” This was a reference to the Washington Post’s unconscionable front page “expose” about a hunting lodge where Perry either did or did not hunt before the name “Niggerhead” had been painted over on a rock that bore the longtime name of the area. Most fair commentators have pronounced that story weak and badly conceived, but as the Post no doubt knew it would, the story has attached itself to Perry, creating fodder for cheap-shot artists like Letterman and Bill Maher, and scarring his reputation.

The enmity toward Perry has not abated. Checking the web over the weekend, I found links to stories proclaiming that Perry had come out as a “Birther,” challenging the validity of President Obama’s citizenship. Continue reading →