fairness

Nefredo v. Montgomery County: Ethical Treatment for Fortune-tellers

/ Jack Marshall / 19 Comments

Or should that be “ethical treatment for charlatans”?

In the case of Nefredo v. Montgomery County, the Maryland Court of Appeals ruled that it was an infringement of the Right of Free Speech for the Montgomery County, Md., to deny a business license to a fortune-teller on the basis of a County ordinance that declared charging a fee for fortune-telling services was a crime. The ordinance states:

“Every person who shall demand or accept any remuneration or gratuity for forecasting or foretelling or for
pretending to forecast or foretell the future by cards, palm reading or any other scheme, practice or device shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code; and in any warrant for a violation of the above provisions, it shall be sufficient to allege that the defendant forecast or foretold or pretended to forecast or foretell the future by a certain scheme, practice or device
without setting forth the particular scheme, practice or device employed…” Continue reading →

Journalistic Ethics Cluelessness: Weigel, Outrageous Bias, and the Washington Post

/ Jack Marshall / 8 Comments

There can be no doubt : the main-stream media is so ideologically biased that it can’t recognize obvious bias anymore, even when it undermines its credibility. That is the only conclusion one can reach from the amazing story of David Weigel, who was awarded a Post website blog to write about “inside the conservative movement.” David Weigel, as his recently leaked e-mails to a mailing list shows, detests conservatives, conservatives views, positions, commentators and leaders. He does so not in a possibly manageable “there are evident problems with the extremists in this movement and some of its underlying philosophy” fashion, but it a “I hate these morons and wish they’d all die” way, which is exactly the sentiment many of his messages convey.

Giving someone like Weigel the role of reporting on conservatives is exactly as responsible and fair as letting Michelle Malkin cover the progressive movement, asking Senator Inhofe to cover climate change developments, asking Gloria Allred to keep us up-to-date on the life of Tiger Woods, or giving Helen Thomas the assignment of covering Israel. And yet that is exactly what the Washington Post did. Continue reading →

Ethics Audit: the Deep-Water Oil-Drilling Ban Saga

/ Jack Marshall / 9 Comments

President Obama’s ban on deep-water oil drilling in the wake of the Deepwater Horizon Gulf oil disaster pits important ethical values against each other: fairness vs. responsibility. On both sides of the equation is prudence. New Orleans federal judge Martin Feldman over-ruled the ban and issued an injunction against it, saying in effect that there was no contest: the ban isn’t fair, prudent, or responsible.

The Obama Administration’s ethical argument supporting the ban goes something like this: Continue reading →

The Perfect Wedding Reception

/ Jack Marshall / 1 Comment

Let’s see: was it dumb, unethical, or dumb and unethical?

Time.com’s food writer Josh Ozersky had several major chefs do the cooking to celebrate his May 23 wedding, and then wrote a column suggesting to readers that it was a better way to go than traditional catering.

Especially if all of them cook for free, and the  food as well as the venue are provided free of charge, because you happen to be a food writer for Time.com. But Ozersky left out that part.

Go figure. Continue reading →

Ethics Challenge: the Fisherman and the Pole Vaulter

/ Jack Marshall / 7 Comments

Many readers disagreed with Ethics Alarms on its verdict in the women’s track and field tournament story, where the championship-winning pole vault was disqualified after the opposing coach complained that the vaulter was wearing a bracelet, which was specifically banned by the rules. I argued that the rule was clear and unambiguous, that the coaches had the duty of making sure each competitor followed it, and that simply pretending that the rule didn’t exist because the result of enforcing it was harsh was not an ethical option for the referees. The coach who flagged the rules was well within ethical limits by making sure that his team, which obeyed the rules, wasn’t defeated by a team that didn’t, even if the rule violated didn’t help it succeed.

Your challenge, should you choose to accept it, is to explain why this recent scenario, in a very different sport, should be looked at differently from the track meet, or not. Continue reading →

Nursing Strike Ethics and the Coolidge Principle

/ Jack Marshall / 5 Comments

“There is no right to strike against the public safety by anybody, anywhere, any time.”

Long before he was famous for his abrupt and verbally stingy one-liners, Calvin Coolidge’s best known quote was this one, and we forget it at our peril. The line probably made him President: its context was the Boston police force strike of 1919. Coolidge, then Governor of Massachusetts, sided against the strikers, who despite legitimate demands for better pay and working conditions, lost their jobs. The next generation of Boston police officers, mostly hired from the ranks of veterans of World War I, got the benefits the strikers sought.

Coolidge’s sentiment is still valid, though unpopular, as ever, with organized labor and public servant unions. It was the philosophical and historical basis for President Ronald Reagan’s firing of the striking air traffic controllers during his first term, despite stong public sympathy for their stand. Like the Boston Police in 1919, they also lost their jobs for ever.

12,000 nurses in Minnesota Nurses Association are eligible to vote today on a potential indefinite strike. Continue reading →

Vuvuzela Ethics

/ Jack Marshall / 7 Comments

Applied to an international soccer match, the argument that players, fans and broadcasters should be broad-minded and tolerant of the peculiar conduct of various national groups is a good one—up to a point. The point is reached when a custom begins ruining the game for everyone else. The vuvuzelas–those small plastic horns that produce an ear-splitting atonal drone like a horde of cicadas— go well beyond that point at the World Cup, and in any other sports setting are the equivalent of racist taunts, 400 pound naked men, on-field trespassers and giant fart machines. Continue reading →

The Incredibly Unethical BP Boycott

/ Jack Marshall / 22 Comments

Readers of Ethics Alarms know that I think boycotting is at best economic bullying, at worst a non-violent form of terrorism, and generally unethical except in cases so rare that they are difficult to imagine. The current BP boycott is close to the worst variety, blunt and destructive mob anger akin to the reaction of the excitable citizens of Homer Simpson’s Springfield, whose solution to every crisis seems to be a riot.

BP was outrageously and perhaps criminally negligent in creating the conditions that led to the Gulf oil spill, and it is right and just that the burden of accountability and responsibility has fallen on them. And it certainly has fallen on them: as much as every citizen of the United States may want to personally kick the company while it is prone, the fact is that the dire consequences of its misconduct are already overwhelming, both long and short-term. Right now, the Gulf states are still dependent on the diligence and expertise of the company to try to limit the damage it has caused, and the company is, if only for its own survival, doing the best it can to succeed. This fact alone would make a public boycott of BP at this time senseless and counter-productive.

The boycott is also unfair. Continue reading →

“Seattle Cop Punches Girl In Face!” Ethical?

/ Jack Marshall / 13 Comments

YouTube is a wonderful resource that enriches our entertainment, makes us laugh, holds people in the public eye accountable for their actions, and give us better access to current events than ever before. In the area of police conduct, it has exposed abuses that might have otherwise escaped scrutiny. It is also eventually going to get a police officer killed.

The viral video of a Seattle cop punching a teenaged girl in the face has been getting the Rodney King treatment from the broadcast media and the web, with the immediate assumption that his actions are per se proof of police brutality and excessive force. All the societal hot buttons are stacked against the cop: he punches a woman (“You don’t hit a girl!“); she’s a teen (It’s an adult beating a child!); she’s black, and he’s white (Racism!); the underlying offense that triggered the incident was as minor as you can get. (“Jaywalking?”) Predictable, the sensation-hunting news outlets and the usual knee-jerk critics of the police (the N.A.A.C.P. and the A.C.L.U.) have pounced. This is neither a fair nor a competent way to examine a complex incident. Continue reading →

The Ethics of Rejecting Clemency

/ Jack Marshall / 10 Comments

A strange tale in the New York Times, told by reporter Adam Liptak, raises a persistent problem of executive ethics. Is it unethical for a state governor to reject a recommendation of clemency based on strong evidence?

As Liptak tells it, it had been 28 years since Ronald Kempfert had seen his father, imprisoned in an Arizona prison in 1975 for a 1962 double murder, when a lawyer contacted Kempfert and told him that his father had been framed—by his mother.  Nearly the entire case against the father, William Macumber, had been based on his wife’s testimony that he had confessed the murders to her. Kempfert, knowing his mother, and knowing the toxic state of their marital discord at the time of her testimony, agreed that she was quite capable of doing such a thing, and after doing some digging on his own, concluded that his father, now elderly and ailing, had been wrongly sentenced to life imprisonment without parole.

There was more.  Continue reading →