“Blue Bloods” Ethics: The Good Lie?

Tom Selleck as NYC Chief of Police Frank Reagan

Tom Selleck’s CBS drama “Blue Bloods,” chronicling the exploits of  the Reagans, an improbable fictional New York City family that dominates NYC’s law enforcement, featured an excellent example of a necessary lie last night, in which utilitarian principles would hold that the lie,  a rather serious and extensive one—many interlocking lies, really—was the most ethical option available.

The situation arose because the Chief of Police (Frank Reagan, played by Selleck) learned that his police officer son, Jamie Reagan, had rescued a child from an explosion, and the press and city were clamoring to know who the hero was. (Nobody saw the rescue, which is a contrived detail, but necessary to set up the ethical dilemma.) But Jamie was also working undercover in a serious and dangerous operation, having infiltrated an organized crime family. (Why was a uniformed cop allowed to stay on the street while leading a double life? Seems reckless to me, but Father Chief knows best.) To protect the undercover operation and his son, Frank Reagan decides on an elaborate deception, persuading his son’s partner, who was on the scene of the rescue, to take the credit and even accept a commendation in a public ceremony.

Lying to the public and the press to such an extent is almost always inexcusable, but protecting an anti-crime effort in the public interest, as well as the imperiled officer involved in it,  is a rare case in which the balance tips away from the truth. The “Blue Bloods” solution was the best one available given the situation and the law enforcement priorities.  But… Continue reading

Ethics Quote of the Week: Prof. Paul Horwitz

“I can think of a number of posts about the ACA from legal scholars last week that were clearly and openly offered as advocacy and did a fine job of it. And I can think of others that were clearly not offered as advocacy at all, and said useful and interesting things about the oral arguments…But I do believe that some posts last week traded on the authority of their authors, made overconfident or disingenuous claims about the state of current law and the strength or weakness of opposing arguments, and did so for strategic reasons. I see those reasons as more inculpatory than exculpatory. I don’t see the minimal requirements for scholarly integrity that I offered as changing because of the medium, or because of the importance and currency of the case.”

Hey, Professor! We assume you're smarter than we are: don't play games with our trust!

—-University of Alabama Law Professor Paul Horwitz, writing about the confounding number of liberal law professors and scholars who wrote internet posts professing that the constitutionality of Obamacare’s individual mandate was obvious and undeniable, and that the provision’s Supreme Court approval was assured. As Ethics Alarms did regarding other commentators, Prof. Horwitz suggests that some of the commentary was designed as spin, or to use his term, to “shape the narrative.” He argues that in cases where the scholar was deliberately over-stating the case for constitutionality, this constituted a breach of integrity and honesty. Hie professor-speak for this is “inculpatory.” He means that it was unethical.

Which, of course, it was. Continue reading

Obamacare Defenders, Spinning

Are you hypnotized yet?

It would be nice, it really would, if partisans on both sides of a legitimate, close issue of national importance would admit that there are valid arguments on each side, show some mutual respect, and not frame their arguments as if anyone who thinks differently is deluded, stupid or evil.

Thus it has been elevating, if, I suppose, misleading, to read over a year’s worth of debate on the topic now under consideration by the Supreme Court, Obamacare’s so-called individual mandate, over on the scholar and lawyer- glutted blog, the Volokh Conspiracy. Written by distinguished and articulate academics, it is a right-leaning and libertarian site for sure, yet manages to cover all sides of most of the issues it considers thoroughly and fairly. Nobody could read the detailed, case and precedent-filled essays about the individual mandate and think for a moment that its constitutionality is an open and shut case. It’s obviously a very close question, and one that involves far wider implications than merely one health care law. This is one of the periodic landmark constitutional cases in which the Supreme Court is being asked to approve another key adjustment in the meaning of our remarkably flexible but hard to amend national by-laws, or, in the alternative, put up a red flag and a brick wall that reminds our government that there are some things is cannot do, even if it would dearly like to.

If you care about the case being argued in the Supreme Court as I write this, go read some—it would take you a month to read it all—of the discussions on this topic over at Volokh. If you can understand the sometimes technical and overly-dense writing, you will recognize how difficult a legal issue this is. If you can’t understand it, then stop rendering opinions about the case, the mandate, and the inevitability of its approval or rejection. Journalists and pundits should follow the same advice. Continue reading

Ethics Hero: Kendra Wilkinson

“I have no talent. I have nothing to offer.”

Are you paying attention, "Sitch"?

With that honest, candid, unadorned, modest and undeniably true self-assessment in a recent interview with People magazine, cable reality show star (“Kendra”) Kendra Wilkinson instantly became an Ethics Hero, a role model for other empty-shell pop culture celebrities, and my favorite Hugh Hefner girlfriend of all time.

Now if Kendra’s integrity could only persuade Nicole Richie, Snookie, “The Situation,” Paris Hilton, Megan McCain, Bristol Palin, Tori Spelling, Lauren Conrad, Heidi Montag, Ivanka Trump, Jack and Kelly Osborne, Michael Lohan, and, of course, all the Kardashians, to make the same confession and voluntarily hurl themselves into a landfill (in Jersey, of course), our trivialized, brain-rotting culture can finally start to heal itself.

But you don’t have to go to the landfill, Kendra.

You do have something offer.

Ethics.

Ethics Dunces: Belvedere Vodka and Arnell

“Ethics Dunces” doesn’t really do these two organizations justice. Try “too dumb to live” and “too unethical to be trusted with sharp objects.”

Or vice-versa.

Marketing whizzes Arnell devised this hysterically funny vodka ad for Belvedere Vodka, showing a happily horny man sexually assaulting a terrified female victim. What fun! And such a witty tag line: “Unlike Some People, Belvedere Always Goes Down Smoothly.”

Goes down, get it?

It took about an hour after this juvenile, rape-friendly offal was posted on Twitter and Facebook for there to be such a negative reaction that even the bombed cretins at the vodka company were able to figure out something was wrong. So they pulled the ad, and apologized, kind of, tweeting,

“We apologize to any of our fans who were offended by our recent tweet. We continue to be an advocate of safe and responsible drinking.”

Uhhhhhhno. “We apologize to those who were offended”–a non-apology apology. Ethics strike two. “We continue to be an advocate of safe and responsible drinking”—what? These idiots still didn’t understand what they were supposed to be apologizing for!!!   Ethics Strike THREE! Continue reading

A Question For President Obama and His Campaign: Why Lie?

I have an iron-clad rule for all Presidents, regardless of party, ideology and political philosophy: Don’t use deception as a tool of governance. I have a related rule for Presidents who get elected by pledging honesty and transparency in government: Especially you!

The President’s health care law, a.k.a. “Obamacare,” whatever its merits, was probably the most dishonestly sold, packaged and passed major law in U.S. history (if someone has another candidate, please submit it.) Not all of the dishonesty was due to President Obama’s personal efforts–he didn’t tell its House and Senate not to bother to read the various versions of the bill, for example, or submit to the CBO patently manipulated assumptions to ensure its projection of a net budget surplus from the law immediately prior to its passage, assumptions that were substantially revised later. He is the one who pledged over and over again that if you liked your current coverage, nothing the law did would stop you from keeping it, a promise that seemed dubious at the time and that has in fact proven to be either mistaken or deliberately misleading.

Still…the law was passed. Utilitarian justifications and rationalizations for various tactics and maneuvers to get it passed are unnecessary now. So why does the President and his campaign team feel that they have to skirt the truth in their public relations and re-election efforts?

The Tom Hanks-narrated Obama campaign film “The Road We’ve Traveled” has already been charged with truth fouls by objective analysts on many points, including Obamacare. In the assessment of FactCheck.org, the best and most objective of the various political fact-checking websites, the film dissembles regarding, among other things... Continue reading

Proposing “The Bachmann-Plouffe Rule”

My new rule could stop this from happening to me in the very near future, and perhaps you as well!

I am ready to bestow my ever-lasting loyalty and admiration, not to mention a lifetime Ethics Hero award and maybe even a monthly stipend upon the first broadcast journalist who pledges to employ henceforward what I will call “The Bachmann-Plouffe Rule.”  ABC’s George Stephanopoulos emphatically did NOT employ the rule this morning in his back-to-back interviews of White House advisor David Plouffe and Republican Rep. Michele Bachmann, inspiring me 1) to name the rule and 2) throw my newspaper at the TV screen. Twice.

I don’t have the transcript, but I can fairly describe the exchanges. Plouffe was routinely mouthing Obama re-election talking points, when Stephanopoulos pressed him on the issue of gay marriage, specifically regarding the fact that the Democrats are talking about having a national campaign platform plank that explicitly endorses it, while the President has notably declined to give a clear endorsement of same-sex marriage. George asked why Obama doesn’t just declare that he supports it, and, if he does not do so, whether his ambivalence will place him at odds with his party’s position.

Plouffe didn’t answer the question. Continue reading

Fairness and the Transgendered Miss Universe Contestant

Changing mores, technology, laws and science create the damnedest ethical problems.

Jenna: too masculine for Miss Universe?

The Miss Universe Canada organizers have kicked contestant Jenna Talackova out of their beauty pageant because she was born male.  Fair? Well, the qualifications for the pageant require that an entrant be a “naturally born female.” I’m sure that was seen as a clear and reasonable restriction when it was devised, but let a few lawyers at it today. Jenna says she was always female, but just trapped in a male body. She was also “naturally born.” Hmmmm.

[UPDATE: (4/10/12) On April 5, the pageant announced that Talackova would be allowed to compete after all, and announced a rules change that will allow transgendered competitors next year.]

Jenna falsely stated on her entrant forms that she was “born female.” Since she has told officials that this wasn’t true, she is obviously no lawyer, but really: why shouldn’t a transexual be able to compete? The issue should be whether she’s a female now, right? The pageant might as well require that all contestants must be born gorgeous. Miss Universe Canada could, I suppose, duck the problem by requiring that no entrant can have appearance-enhancing surgery. Of course, then the pageant would have no contestants at all. Continue reading

Introducing “The Hollinger Awards”…and the First Recipient, Susan Cole

The Original Hollinger

Every year, the Darwin Awards amuse us, in a blackly humorous way, with tales of people who improve the gene pool by getting themselves killed through acts of stunning stupidity, often seasoned by exquisite irony. To take a random example from 2011, Phil Contos was participating in a helmet-less high-speed motorcycle ride when he crashed and suffered fatal brain injuries. His brother was quoted as saying that Phil would do it again, too—and I’m sure he would.

A story out of Denver made me realize that faulty or entirely absent ethics alarms work in a similar way to ensure that the most shamelessly unethical among us get their just desserts. Such individuals are so lacking in comprehension of what is wrong with their conduct that they can’t resist publicizing it, thereby revealing themselves as blights on their communities and workplaces, and attracting appropriate treatment in response. Searching for an appropriate name for the ethics version of the Darwin Awards, I was irresistably drawn to Jeremy Hollinger, the Mobile, Alabama special ed teacher who last year mocked his challenged fourth graders on Facebook, and, for good measure, posted a photo of himself wearing one of his student’s protective helmets and making a moronic face. (Or, come to think of it, maybe that’s Jeremy’s normal face.) Thus I am dubbing the new distinction The Hollinger, and give the very first one to Susan Cole. Continue reading

Unethical Quote of the Month: Eric Fehrnstrom

“Well, I think you hit a reset button for the fall campaign. Everything changes. It’s almost like an Etch-a-Sketch. You can kind of shake it up and restart all over again.”

—-Top Mitt Romney advisor Eric Fehrnstrom, answering a CNN interviewer’s query about whether the leading GOP presidential hopeful’s increasingly conservative campaigning positions will hurt him with more moderate voters in he is his party’s nominee.

Translation: “Mitt Romney is a liar, and has no integrity, so he will continue to say whatever is necessary to persuade naive and inattentive voters—you know…most of them— into believing that his policies will please them.  This is why he has no respect for voters at all, and will lie to their faces. Hey, this is politics–that’s how the game is played! My boss is like President Obama, like George W. Bush, like all politicians, really–except nut-cases like Santorum, Paul and Gingrich, who keep saying the same crazy things they believe in no matter how unelectable it makes them. Mitt’s a realist. He hit reset when he was Governor of Massachusetts, then he hit reset when he decided to run for the nomination. He’ll hit reset again when he’s nominated, and you can be damn sure he’ll hit reset after he’s elected. Come on…anyone who believes what a political candidate says has to be an idiot, right?”

Start the countdown. Every day that passes without Fehrnstrom resigning—or better yet, being fired— is an additional reason not to trust Mitt Romney…in addition, that is, to the fact that he’d hire a cynical, incompetent jerk like this in the first place.