fairness

Dancing With Thomas Jefferson: How Assholes Make the Law Spoil Life For Everyone

/ Jack Marshall / 32 Comments

Coming to a place of honor and reflection near you.

On Saturday, the U.S. Park Police forcefully arrested five “Code Pink” protesters under the dome of the Jefferson Memorial for defying a recent Federal Appeals Court ruling that dancing at federal monuments was not constitutionally protected expression.

Perhaps you missed that ruling earlier this month, which was, I presume, made necessary by the realization that a flash mob could break out at any moment at the Lincoln Memorial or the Alamo. That was not the threat in 2008, however, when Mary Oberwetter was arrested, also at the Thomas Jefferson Memorial, for hoofing to celebrate Thomas Jefferson’s birthday.

She sued the National Park Service for violating her First Amendment rights, and on May 17 the U.S. Court of Appeals for the D.C. Circuit held that the Jefferson Memorial should have a “solemn atmosphere” and that dancing, silent or otherwise, was an inappropriate form of expression there. The appellate judges concurred with the lower court that the memorial is “not a public forum,” and thus demonstrators must first obtain a  permit. Demonstrations that require permits in the Park Service’s National Capital region are defined as

“…picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct which involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. [The] term does not include casual park use by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers.”

The Appellate Court wrote: Continue reading →

Murder House Ethics and the Validity of Feelings

/ Jack Marshall / 16 Comments

We last visited the issue of the ethical selling of murder houses in February, when  the Jon Benet Ramsey house went on sale. I opined that even though Colorado doesn’t have a legal requirement that a seller must reveal the history of the house as long as it has no structural implications, there is an ethical obligation to let prospective buyers know about house-related events that might cause them to reconsider their decision to buy it:

“The truth is still this: there is something about the $2,300,000 house that makes it undesirable to a lot of prospects, and that means that even if the law doesn’t require the seller to tell interested house-hunters the story of the little dead girl in the basement, fairness and the Golden Rule do.”

The debate over this issue was unexpectedly intense. Ethics Alarms’ resident rational humanist “tgt” objected strenuously, writing,

“I don’t see how you can avoid the slippery slope question. Your basis is 50% of the population having a desire. Is that the cutoff? I think over 50% of people would prefer to live in a house where there hasn’t been child abuse. Go back a few years, and I bet a significant portion of the population would prefer to live in a house that had never had black occupants. Back in today’s world, more than 50% of the population doesn’t want to live in a haunted house. If a previous tenant thought the house was haunted, does the complete nonexistence of ghosts make not mentioning this a material representation? If an event is uncommon, does a realtor need to take a poll before deciding what is material and what isn’t?”

Karl Penny, however, bolstered my position:

“…the question is, does the realtor have an ethical obligation to fully reveal the history of this house. Well, the funny thing about behaving ethically is, it often requires us to act in ways that are not in our own immediate best interest… this may give a potential buyer a leverage point to negotiate a lower price for the house, to the detriment of the realtor, who could end up taking a lower commission as a result. No surprise, then, that the realtor would love to find a reason not to opt for full disclosure. But, if that realtor successfully conceals the house’s history from an actual buyer, one who would not have bought had they known otherwise? The realtor had a simple, human duty to disclose, even if it cost him money (and, yes, even if it cost me money, were I the realtor)….Jack’s right: this is Golden Rule time. If I am willing to treat with someone else in a way that I would not want anyone to treat with me, is that logically consistent (much less ethically consistent)? And would any of us want to live in the resulting society should everyone behave in that fashion?”

Now another house with a Hitchcock-worthy past is on the market: 9337 Columbia Boulevard in Silver Spring, Maryland, a state that also doesn’t require its realtors to disclose when a house has been the scene of a murder…or, in this case, three murders in the last decade. Continue reading →

From Hero to Idol: Congratulations, Scotty McCreery!

/ Jack Marshall / 1 Comment

Way back in March, long before the 2011 edition of American Idol had winnowed its hopeful singers down to the final thirteen, 17-year-old Scotty McCreery earned an Ethics Hero here by bravely taking responsibility for the mistreatment of another contestant in the group segment of the audition process at a time when the judges seemed to be in the mood to make someone pay for it. The incident has been forgotten, but it showed Scott to be a young man of unusual integrity and courage. Little did Ethics Alarms realize  that he was also the singer to beat, and nobody beat him. Last night, he was crowned the American Idol.

Fame and fortune changes people, as we all know, and too often for the worse. Still, McCreery’s prospects of holding on to his core values look strong, because his character looks strong, and everyone, whether or not they follow American Idol and whether or not they groove to Scotty’s milieu, Country-Western music, should applaud the entry of a talented and ethical young man into the popular culture.

Congratulations, Scotty. In March we knew you were good; we didn’t know you were this good.

What Competent Leaders Do: A Checklist

/ Jack Marshall / 1 Comment

While we are on the topic of leadership (in the wake of Harold Camping’s failure to act like a responsibility one), here are  highlights from “Inside CRM’s list of 101 Common Sense Rules for Leaders. 

The list is specifically targeted at managers, but the principles have broad application to all kind of leadership. If only Harold had given as much study to these as he did to his Bible. President Obama should give them some consideration, however. It’s not too late.

…
Meeting Deadlines

11. Only promise what you can realistically deliver. Don’t create deadlines that you know you can’t meet. By only promising what you know you can do, you’ll be able to finish on time.

12. Set clear goals. Once you know what you need to accomplish, it helps to know how and when you want to do it. Put your goals down on paper and make sure everyone on your team gets a copy.

13. Organize a team. … Pick a team that has the right skills to carry out the job.

14. Delegate tasks. Spread work among your employees in a way that doesn’t leave anyone overburdened while also allowing the project work smoothly.
…
16. Keep communication open. Keeping everyone in touch with the status of the project is key to making sure it’s completed on time.

17. Do it right the first time. Planning ahead will help prevent you from delivering a substandard product. Having to redo something for a client costs money, and, more than likely, future business opportunities Continue reading →

“ARRGHHHHHHHHH!!!!” Is This Wrong?

/ Jack Marshall / 15 Comments

"I'd be so very appreciative if you resolved not to contact me again!"

Some years ago, a person in my household who shall not be named made the mistake of buying some drugs off the internet. Now, with ever-increasing frequency, we receive calls from illicit on-line pharmacies. all hours of the day, sometimes one after the other. Telling them not to call doesn’t work; telling them we are going to report them doesn’t work. I have warned the callers of dire consequences to future callers, and now have to find some actual consequences to inflict.

My new practice, when they reveal who they are and their purpose, is to  give a blood-curdling, high-pitched scream directly into the phone, as loud as I can make it. I am certain this is startling (I have a great scream), and I hope it is painful. I would not be sorry to learn that it bursts an eardrum or seven.  Plan B…an airhorn.

Is this unethical?

“Everybody Beat A Dead Horse Day” Ethics

/ Jack Marshall / 11 Comments

Cartoonist Jeff Hibbert's conception of Muhammad

I was stunned to discover that “Everybody Draw Muhammad Day,” last year’s mass warped exercise in going out of the way to insult the religious beliefs of fine, upstanding, moral Muslims world-wide,  is supposed to be an annual event. I would have thought that the justifiable abuse heaped on serial Islam-provoker Rev. Terry Jones would have shown the organizers of EDMD the error of their ways (which I correctly pointed out to them here, and here). But no. The self-styled defenders of the undoubted right to use freedom of expression recklessly and badly still claimed to be standing up for the sullied rights of  the “South Park” creators, who last year had their show censored by cowardly and hypocritical “Comedy Central” suits after a threat by some Muslim nut-jobs. For their part, Trey Parker and Matt Stone have happily moved on to the more profitable work of making fun of Mormons on Broadway, because they won’t kill you. Continue reading →

Justice? Michigan Prosecutors Say Davontae Sanford Can’t Get There From Here

/ Jack Marshall / 7 Comments

Davontae Sanford is 18 and in prison. He was 14  when he confessed to shooting and killing four people in a drug house, but now Davontae says he confessed in order to please police.

Vincent Smothers is a professional hit man already convicted of eight murders. He now says that he killed the four victims Sanford took the rap for. There doesn’t appear to be any reason for Smothers to lie about it: the hit man  is not known for his compassion toward others. Smothers even waived his attorney-client privilege with former attorney Gabi Silver so  Silver could testify on Davontae Sanford’s behalf, and say under penalty of perjury that Smothers told her he was responsible for  the killings, and that Sanford didn’t help him.

Prosecutors, however, are trying to block Silver’s testimony, which could free a wrongly imprisoned teen, arguing that it would be hearsay. While Sanford’s attorney, Kim McGinnis, says she has done everything in her power to convince Smothers to testify himself, he refuses, leaving it up to her.

Continue reading →

Abuse of Power and Press Intimidation At The White House

/ Jack Marshall / 4 Comments

"Hey, Herald! Get with the program!"

In response to a complaint by the Boston Herald about the limited access its staff would have to President Obama during his visit to Boston,  Matt Lehrich, an Obama aide, attributed the treatment to the White House’s objections to a front page opinion article by former Massachusetts Governor Mitt Romney in which he attacked the administration’s job-creation record. “I think that raises a fair question about whether the paper is unbiased in its coverage of the president’s visits,”  Lehrich told the Herald in an email.

And maybe it does. Then again, there is a mountain of evidence that hundreds of media outlets, including four of the five major TV news organizations, the New York Times, The Washington Post, and many others, are also biased in their coverage of everything this president does–favorably. Apparently the White House, which has already disgraced itself by repeatedly attacking the one critical network by name for the state offense of not falling into line, can’t abide the fact that some print journalists are as prone to be critical of him as Chris Matthews is likely to get tingles up his leg every time Obama opens his mouth. Their response? Make it harder for the unfavorably biased journalists to cover the news. Continue reading →

The Indescribable Leroy Fick

/ Jack Marshall / 37 Comments

Fick, n.: "One who shamelessly and openly violates cultural norms of fairness and decency out of selfish motives"

If Ethics Alarms hadn’t awarded Donald Trump the Jerk of the Year Award, would Leroy Fick deserve it instead?

If Keith Olbermann was still giving out his “Worst Person ” titles, would Leroy Fick retire the category?

What is the right term for someone as shamelessly self-centered, and greedy as Leroy Fick?  “Bounder” is too dignified. “Creep” is too mild. “Bum’ is too sympathic. “Asshole’ is too generic. I’ve been searching all night; there isn’t a word in existence that does him justice.

Leroy Fick is a 59-year-old Auburn, Michigan man who won $2 million in a state lottery last June. Nevertheless, he is still living on food stamps, because eligibility for food stamps is based on gross income,  and  lottery winnings  don’t count as income. As long as Fick’s gross income stays below the eligibility requirement for food stamps, he can legally qualify for them, and despite the fact that  he knows they are only meant to help support low-income families, and despite the fact that they are paid for by taxpayers, and despite the fact that Michigan, like most states, is swimming in red ink, Leroy Fick intends to keep letting the state help feed him just as if he was destitute.

“If you’re going to try to make me feel bad, you’re not going to do it,” Fick told WNEM-TV in Saginaw on Monday. Naturally, Fick has a lawyer whose task it is to excuse his client’s astoundingly irresponsible conduct. He says that Fick “has done nothing wrong. It’s the system that needs (to be) changed.” Continue reading →

The Washington Post, Protecting a Young Villain

/ Jack Marshall / 36 Comments

"Even if she is a "bad seed", we have a duty to make sure nobody knows little Rhoda did those horrible things..."

The Washington Post has revisited the epically tragic story of Fairfax, Virginia teacher Sean Lanigan, who in 2010 was falsely and maliciously accused of sexual molestation by a vengeful 12-year old girl, launching him into a Kafkaesque sequence of incompetent law enforcement and bureaucratic callousness. Though he was acquitted of all charges, his life, career, personal finances and reputation remain shattered. As for the female student at  Centre Ridge Elementary School who set out to destroy Lanigan because he had reprimanded her, the Post does not reveal her name “because she is a minor.”

This is warped ethics, warped journalism, and warped logic. Every day one can read news stories about named elementary, middle school and high school students who have been disciplined for various non-criminal offenses, minor or otherwise. In the case of criminal arrests involving minors, there is a legitimate legal reason for withholding the name of an accused juvenile, for youthful offenses are often expunged or sealed, provided there is a conviction and a sentence served. This story is different, however. No criminal charges have been made, though what the girl did to the teacher was certainly worthy of one. A jury ‘s verdict has shown, and the news media has confirmed, that a girl used the devastating social stigma of  child molestation to settle a personal vendetta. I don’t care if she is thirteen or twenty-two; there have to be consequences for such vicious conduct, and being identified by name is just a starting point for her accountability. Continue reading →