Tag Archives: incompetent journalism

Here’s Something The News Media Hasn’t Explained Regarding The Weinstein Scandal: Those Victim Confidentiality Agreements Are Unethical, And Maybe Illegal

Rose McGowan, the new Sexual Harassment Fury on social media, says she was raped by Weinstein and had to accept a $100,000 settlement with a confidentiality agreement as a condition of the deal. That means that if she subsequently told her story and accused Weinstein, she would be liable for damages, and would have to return the money. Right?

Not exactly. Most of the accounts in this sordid series of events make it seem like confidentiality agreements are iron clad and enforceable. Often they are neither. McGowan’s almost certainly wasn’t.

Debra Katz, an attorney specializing in sexual harassment law suits, recently explained that if employees or former employees came forward with information about Weinstein participating in criminal misconduct, their non-disclosure agreements or confidentiality agreements would probably be unenforceable, saying,

“These kind of very broad NDAs or confidentiality agreements typically violate public policy. Employees have to have the legal ability to discuss any concerns about unlawful behavior in the workplace … These broad provisions that would effectively silo people, make them feel like they can’t speak about this, are simply an instrument to put fear in people.”

My position has always been that lawyers who construct such agreements, knowing that they are unenforceable, are committing sanctionable ethical misconduct. The lawyer for the employee being silenced, moreover, has an obligation to let the client know that the requirement is unconscionable. Of course, it’s the client’s decision whether she wants to take the money.  It is also unethical to make an agreement you have no intention of honoring. Continue reading

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Here We Go Again: Harvey Weinstein, Lisa Bloom And The Thing About Lawyer Ethics That The Public And The News Media Just Cannot Seem To Grasp

LawNewz writes, and in so doing wins a Legal Ethics Dunce so easily that I’m not even going to bother,

Feminist attorney Lisa Bloom, who has represented dozens of women against accused sexual harassers like Donald Trump and Bill O’Reilly, is now representing an alleged sexual harasser. In, quite frankly, a shocking move, Bloom agreed to give her “advising” services to film studio executive Harvey Weinstein, who is accused of harassing women over a thirty-year timespan. Immediately, many in the legal world wondered what would motivate such a principled women’s rights advocate to represent a man facing such sordid accusations.

Weird! I have the strangest feeling I have been here before…it’s Ethics Alarms déjà vu!

No, I have been here before, and if you’ve read the blog regularly, so have you, like here, for example, when the post was called,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or here, when I defended Hillary Clinton….yes, you read that right…when she was being called a hypocrite for once defending not only a child rapist, but a guilty child rapist.  Then there was this post, when liberal icon Larry Tribe was representing a coal company. Bloom, Tribe, Estrich and Hillary all have the same defense, not that lawyers should need a defense for being lawyers.

Let’s see…I think I’ll quote myself from the Hillary piece this time… Continue reading

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Unethical Headline Of The Month: NBC Sports

I suppose the Ethics Alarms headline could also be Ethics Dunce: Bill Baer, for the NBC baseball writer responsible for the irresponsible, misleading, ignorant and mighty close to libelous story under the headline, which is…

Sherwin Williams is trying to back out of a charitable contribution at Angel Stadium

No, it isn’t. Not even close.

Here, in part, is what Baer writes. Raise your hand when you realize that he is full of beans:

The paint company Sherwin Williams created a neat promotion at Angel Stadium. There’s a giant paint can with the brand name in left-center field. If a player hits a ball into the can, Sherwin Williams will donate $1 million to the Angels Baseball Foundation, the Angels’ charity for kids.

Angels outfielder Justin Upton appeared to trigger that charitable contribution when he hit a solo home run to left-center field against Indians closer Cody Allen on Tuesday night. The ball bounced in front of the can and then went in on a hop.

ESPN reports that Sherwin Williams is using a technicality to try and get out of the obligation. Because Upton’s home run didn’t land in the can on the fly, Sherwin Williams is saying they’re not obliged to make the $1 million donation. In 2014, Frazee Paint and the Angels agreed to the paint can promotion and indeed the press release says, “…if an Angels player hits a home run that lands in the can on the fly, the company will make a $1 million donation to benefit the Foundation’s efforts to improve the lives of children in the community.” Frazee Paint is now owned by Sherwin Williams.

The first lie in the story that helps generate the false headline is, “If a player hits a ball into the can, Sherwin Williams will donate $1 million.” False. As the story itself confirms, the paint company agreed to donate the sum if a player hits a ball into the can on the fly, meaning without hitting the ground first. Also, presumably, this has to occur during a game, and not batting practice. I would assume that a player can’t stand ten feet away between innings and try to hit a ball into the can either. Or use a tennis racket to do it.

The second lie is that Sherwin Williams is using a technicality to try to get out of the obligation. Actually, the second lie is that ESPN reports that Sherwin Williams is using a technicality, because ESPN’s story, unlike NBC, is accurate. It doesn’t use the term “technicality” anywhere. Its headline is also accurate: ” Justin Upton’s homer doesn’t count for $1 million paint can promotion.”

That’s correct. The homer didn’t, and doesn’t. The ESPN story does say that the crowd applauded and cheered when the ball landed in the can, thinking the terms of the promotion had been met. What a surprise: a crowd of fans doesn’t know what’s going on. Sports reporters, however, are paid not only to know what’s going on, but to accurately explain it to the great unwashed.

After three lies, Baer (all right, if the headline is the first lie, then it’s four lies), writes, “indeed the press release says, “…if an Angels player hits a home run that lands in the can on the fly, the company will make a $1 million donation to benefit the Foundation’s efforts to improve the lives of children in the community.” Continue reading

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I’m Sorry To Have To Do Again This So Soon, But I Promised…Unethical Quote Of The Week: NYT Book Reviewer Jennifer Senior

I’m going to kill this fake history if it’s the last thing I do…

“But one thing we know for certain: History conspired against Clinton. No non-incumbent Democrat has succeeded a two-term Democratic president since 1836, and 2016 was a year when voters were pining for change.”

—-New York Times book reviewer Jennifer Senior, spinning for Hillary in her review of “What Happened”

I promised. I promised myself and Ethics Alarms readers that every time Presidential historian Doug Brnkley’s false election night statement that voters seldom elect the same party into the White house 12 years running is quoted as an explanation for Hillary Clinton’s loss, I would point out that this is a lie, and an especially awful one when issued on national TV by a supposedly-credible historian

Based on today’s New York Times review of Hillary Clinton’s excuse-and-blame fest in the wake of her defeat last November, I, and the truth, are making a little joint headway. Reviewer Jennifer Senior has refined Brinkley’s false history and now has a technically accurate but equally misleading version.

Yes, it is true: No non-incumbent Democrat has succeeded a two-term Democratic president since 1836. There is a threshold problem with even this reduction: why does the “rule” only apply to Democrats? Apparently Democrats can use the excuse that voters never vote in non-incumbents of the same party after 8 years, but Republicans can’t. Sorry, John McCain! Tough luck, Richard Nixon!

Democrats are so comfortable with the concept of double-standards when it benefits them. It’s scary.

The larger problem with this factoid is that it is deceitful. Using 1836 sounds impressive: Wow, this hasn’t happened for almost 200 years! No wonder Hillary lost! It’s not so impressive when one points out, as Senior doesn’t have the integrity to do, that there have been only three elections before 2016 when a non-incumbent Democrat had a chance to succeed a two-term Democratic President. Three. 3. III. I can flip heads with a coin three times in a row (or tails) any time I want to, in less than five minutes. The fact that in just three elections cheery-picked for certain similarities (though they were anything but similar) the same party lost proves, or even indicates, nothing. Suggesting it does is either ignorant or dishonest. (In Senior’s case, I vote dishonest, but I could be wrong.) Continue reading

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I Am True To My Vow: Once AGAIN, Partisan Historian Douglas Brinkley’s Excuse For Hillary Clinton’s Loss Is Incompetent And False History, And As Long As Ignorant Or Dishonest Hacks Keep Repeating It, Ethics Alarms Will Keep Reminding You That They Are Hacks…Like Brinkley

Yes, yes, I know I have written about this several times already. I will keep doing so, too, until this ridiculous piece of Fake History inflicted on the public consciousness by partisan historian Doug Brinkley when he went on CNN election night and lied, I will keep writing it.

Today’s edition comes courtesy of the increasingly inexcusable fools on ABC’s “The View,” who were engaged this week in a Hillary defeat excuse and alibi orgy. Whoopie Goldberg kept darkly hinting of some conspiracy that allowed Trump to triumph (“We may never know why she lost…” Whoopie intoned), while Joy Behar kept saying that Hillary DID win, as if the elections rules don’t count. They were embarrassing, and they were inartuclate, and they made everyone of their viewers dumber by about 50 IQ points, but never mind: I’m going to focus on this blather, by Whoopie…

“You know, there have been very few eight years of one party and eight years of the same party. It doesn’t generally go back to back. The last time I think was Nixon and whoever came in after him was the last. Ford. And he pardoned. That was the last time we had a long stretch. When it wasn’t Democrat, Republican, Democrat Republican. So given all the crap that Obama had to eat from his own party, I don’t think Bernie was going to — I don’t think any Democrat was going to–people were going to vote –“

If you can translate that—Didn’t Whoopie once know how to speak?—, what is rattling around in her head is Brinkley’s false historical note that eight years of Presidents from one party are seldom followed by the election of another President from the same party. This is not just untrue, but spectacularly untrue. As I last wrote here,

…esteemed Presidential historian Doug Brinkley, for reasons known only to himself, went on the air live on CNN and concocted a new alibi for Hillary Clinton and the Democrats. using fake history to do it. He said that there were powerful historical patterns at work in Hillary’s defeat, and that it is always hard for any one party to hold the White House for three consecutive terms. Then, as exceptions to the rule and to show how rare the exceptions were, Brinkley cited Reagan successfully pushing George H.W. Bush on the nation as his “third term,” and then went all the way back to 1836 for his other exception, when popular Democrat President Andrew Jackson got his acolyte Martin Van Buren elected to succeed him.

For days after this, I kept hearing Brinkley’s observation cited by talking heads and my disappointed Democratic friends, yet what he had said was wildly, unforgivably untrue. On election night, I ticked off the instances where one party has held the Presidency for more than two terms on the spot, right after Brinkley’s fiction (much to the annoyance of my wife):

After Van Buren, there were a bunch of one term Whigs and Democrats, but Lincoln’s two terms (the last finished by Andrew Johnson) was followed by Grant for two more, Hayes for one, and Garfield/Arthur for four more years. That 6 straight Republican terms, Doug. Then, three terms later, McKinley was elected to two, Teddy Roosevelt for one on top of the McKinley term he finished out, and Teddy anointed Taft as his successor just as Jackson had with Van Buren. That’s four straight Republican terms, or as we call it around my house, “More than two.”

But wait! There’s more! After Wilson and Mrs, Wilson served out two Democratic terms, we got Harding, Coolidge, and Hoover, another three Republicans in a row. Then the Democrats made up for those consecutive runs with five straight of their own, courtesy of FDR’s four and Truman beating Dewey. In short, Brinkley gave the nation fake history, which then became fake news.

Continue reading

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Morning Ethics Warm-Up, 9/5/17: “Close Encounters,” A Bad Bank, A Jaw-Dropping Tweet, Sentimentalizing DACA, And More

GOOD MORNING!!

1. A remastered “Close Encounters of the Third Kind” is in theaters now, and I have mixed feelings about the fact that it is not attracting many ticket-buyers. Spielberg is incapable of making a bad movie, and even his most annoying films (like this one) are thought-provoking and entertaining compared to most of the junk we are getting from Hollywood now. But “Close Encounters” is an unethical movie that bothers me more every time I see it.

The film celebrates hippy spiritual fanaticism for no good reason. Why does everyone get all misty-eyed over these angelic, long-armed  aliens who think they have leave to kidnap human beings, including babies, take them away from their families and disrupt their lives, and then dump them off in another place and time? Why is Richard Dreyfus smiling about that, the idiot? Meanwhile, his character has forgotten about his own wife and kids, never giving them a second thought once he goes E.T. hunting. (And why is Terri Garr treated so badly in her movies by alleged protagonists? Dustin Hoffman used her as a door mat in “Tootsie,” too.)

2. As an addendum to the previous post about DACA ethics, consider this example of how the news media sentimentalizes and propagandizes illegal immigration: the Washington Post’s heart-tugging and misleading story with the headline, “He was brought to Virginia as a toddler, deported at 19. He died in an overheated tractor-trailer trying to return.

“He” was an illegal immigrant, though the Post uses the deceitful “undocumented immigrant” euphemism, as if he lost his library card or something. His name was Frank  Fuentes, and he was quite rightly deported a year after he pleaded guilty to assault and battery as well as grand larceny­/pickpocketing in 2016. He died trying to break the law, and while dealing with the criminals who smuggle people into the U.S. in trucks. The fact that Fuentes didn’t deserve to die is waved by the Post like a crimson flag to distract from the fact that he had no right to be in the U.S., and no right to sneak back in.

Ah, but he was a good man at heart, who “loved skateboarding and music.”  “We all make mistakes,” the post quotes a friend as saying, not noting that this is the go-to rationalization for every law-breaker from Billy the Kid to Joe Arpaio. “He wanted to be better for his family and his mom . . . that’s all he cared about.”

What the Post is doing  isn’t reporting. It is selective, manipulated sentiment designed to obscure the real issues in illegal immigration. This kind of coverage is why polls about “dreamers” reflect shallow emotion-based reflex, not serious, informed consideration.

3. Sam Stein, formerly the Huffington Post’s senior politics editor now writing for  The Daily Beast, tweeted,

Discuss.

4.  The president of the Cleveland Police Patrolmen’s Association, announced that the police union’s members will refuse to hold the American flag as planned at the NFL’s Cleveland Brown’s home opener, after nine Browns players took a “Kaepernick” and knelt during the national anthem in a pre-season game with the New York Giants.

“It’s just ignorant for someone to do that,” Steve Loomis told reporters. “It just defies logic to me. The fact that management was aware of what they planned on doing, that’s as offensive as it can get.”

Good for the union. The NFL has been cowardly and irresponsible by not confronting and ending these demonstrations against the United States in general and police in particular, starting with its non-action when the St. Louis Rams performed a “Hands up! Don’t shoot! display in 2014. Kaepernick specifically had said, in his various vague posturings, that police were among the  targets of  his kneeling stunt, making the ignorant statement that officers in police-involved shootings should not collect a salary while investigations were pending (unlike, say, the many NFL players who have been suspects in criminal investigations).

Among the many functions of professional sports teams is to bring communities together, not divide them. Players are free to express their political positions, however ill-informed, off the field if they are willing to take responsibility for them, which may involve negative team action and fan anger. Cleveland, where 12-year old Tamir Rice was shot by an incompetent cop, is an especially sensitive place for an anti-police demonstration to take place.

The comments on the article at the link are depressing, as in knee-jerk and foolish. Continue reading

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Ethical Quote Of The Week: Ann Althouse

“Hey, journalist — you call yourself a “journalist” — how about not being on any side? Have you completely forgotten that idea? Sad about your camera, but what about your ethics? Did somebody grab them too and smash them on the pavement? Or is it still possible to scrounge back somewhere in your head and find them?”

—-Bloggress and retired law prof Ann Althouse, commenting on a New Republic story in which a photographer complains about an antifa thug breaking his camera despite his assurances that they were on the “same side.”

Yes, Ann, journalists have completely forgotten that idea, and that idea was little more than a faint memory by 2008, when total ethics amnesia set in.

The journalist in question, Mike Kessler, signals his assumed virtue by writing…

To be clear, there’s no equivalence between white supremacists and antifas. One has a message of hate, and one seeks to stop that hate…. Conflating the two groups is a way for whataboutist conservatives to play down the racist rot that is spreading on the right….

To be clear, Mike, that’s utter bullshit, though it is the basis upon which the news media, Democrats and Never-Trump Republicans mugged the President for condemning  equally—as he should have–the violent white nationalists in Charlottesville who were protesting the removal of a Robert E. Lee statue, and the violent antifa felons who attacked them to stifle their exercise of their Constitution-guaranteed rights. The far-left’s  hooded antifa assholes who claim to oppose hate while wielding it, and whose objective is to destroy the freedom of speech through intimidation, are exactly as dangerous, repulsive and wrong as the far-right bigots who want to deny equal rights and opportunities to non-white minorities. Continue reading

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