Fun With Rationalizations: Considering Salon’s Attack On The New York Post

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Let me dispense with the outrage over The New York Post’s brilliant (from their perspective, which is selling newspapers) and tasteless front page covering the death of Menachem Stark, a Hasidic real estate developer ( a.k.a. “slumlord”) who was found murdered and burned in a dumpster last Friday in Long Island.

The operative principle is not, as the reader who flagged the issue suggested, the Golden Rule. The Golden Rule does not often apply to the press, which is supposed to be truthful, not kind and diplomatic. There are provisions of most journalistic codes about avoiding unnecessary harm to third parties, which is pretty much a universal ethics rule in every field, from law to the military. When, however, you operate a tabloid, and not just any tabloid but a tabloid whose brand is defined by intentionally shocking, outrageous, assaultive and controversial headlines and photos, “Unnecessary harm to third parties” is almost an impossible principle to apply.

The headline is a perfect example of the Julie Principle, which I explained back in May. The Julie Principle comes into play when an undesirable or annoying  characteristic or behavior pattern in a person or organization appears to be hard-wired and part of their essence.  In judging such a person or entity, it is useful to keep the lyrics of Julie’s song from “Show Boat” (lyrics by Oscar Hammerstein Jr., music by Jerome Kern) firmly in mind, when she sings…

Fish gotta swim, birds gotta fly…

I’ve gotta love that man til I die

Can’t help lovin’ that man of mine!  Continue reading

Comment Of The Day On Civility And Blog Moderation Ethics, By Ampersand

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It doesn’t really matter what post generated this Comment of the Day (it was the one about Melissa Harris-Perry’s second try at apologizing for inciting her guests to treat Mitt Romney’s adopted black grandchild as the human equivalent of spinach on a fashion model’s front teeth—further ethics developments: Mitt Romney was as gracious as one can be yesterday while accepting Harris-Perry’s mea culpa, and the clueless Alex Baldwin griped that she kept her MSNBC job by playing the weepy girl card, while he was sacked after his umpteenth public meltdown over a paparazzi), because it is off-topic. Ampersand, a.k.a. Barry Deutsch, and I have been fencing about the proper level of invective that should be permitted on blogs like Ethics Alarms and his blog, Alas!.

I take the topic very seriously, as does Barry, because we are both trying to build and maintain an enlightened and diverse community of serious readers and participants in ongoing discussion of serious topics. Barry’s blog is an ideological one; Ethics Alarms, despite being alternatively called on the carpet for being tilting either conservative or liberal, is not. Beyond question, from Barry’s own position on the ideological spectrum, this blog is well to his right. This particular exchange was prompted by complaints by some commenters that my moderation is too loose, that I should censor particular words or eject commenters here who engage in harsh personal denigration. I remain in flux on this problem.

It is true that I have moderated my moderation in recent months, though not as much as some people think. I still bar some commenters, and frequently refuse to accept comments that are nothing but name-calling, as well as those which are objectively moronic. But it is true that regular contributors here who have demonstrated serious intent and valid commentary acquire the privilege of going off the rails, civilly speaking, from time to time. I wish they wouldn’t do it, but despite my belief that civility is critical to societal harmony and professional conduct, I am persuaded that routinely filtering out the passion expressed by vulgarity (and worse) may go too far. I have also been influenced by the recent escalation of political correctness, especially in the media, epitomized when a CNN host announce that the verb “target” was no longer considered appropriate on TV—a threat, don’t you know.

Another factor in my thinking was Popular Science’s decision in September to ban online comments to its articles, rooted in its conclusion that research had proven that aggressively worded contrary opinions could be psychologically persuasive, and were thus “bad for science.” I don’t like the looks of that slippery slope at all.

  I explained my evolving thoughts on the issue in the earlier replies to Barry  and Beth, a commenter here and a personal friend, who has been the target of some of the least civil attacks.  I wrote in part… Continue reading

Dear Legal Profession: How Can We Respect And Trust You When You Police Yourself Like THIS?

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I’ve been defending my profession a lot here lately, but I also recognize that there is a very good reason why such incidents as the surprisingly generous sentence in the “Affluenza” case and the drug court judge who suffered an alcoholic relapse on the bench are wrongly interpreted as proof of inequities and double standards in the legal system. The reason is that those who oversee the system do inexplicable things that appear to the outside world as not only a lack of integrity but also the apparent inability to realize how such conduct undermines the public trust.

Both of these recent news stories are cases in point:

I. The Imaginary Government Lawyer

In 2012, the Nebraska state supreme court disbarred lawyer David Walocha for not paying his bar dues and proceeding to practice law for 13 years with a suspended license. At the end of 2013, the District of Columbia Bar had to decide what to do with former Justice Department attorney Laura Heiser, who practiced 21 years with a suspended license in the District. What was her punishment? She received an informal admonition, which is the least severe form of disciplinary action.  Continue reading

The Fifth Annual Ethics Alarms Awards: The Best of Ethics 2013

Ethics Story 2013

I decided to start with the Best in Ethics this year, in contrast to other years, on the theory that it would get things off to a positive start in 2014. What it did, instead, was make me realize how negative Ethics Alarms was in 2013. Either there wasn’t much positive going on in ethics, or I wasn’t seeing it. My thanks to those of you who send me nominations for Ethics Heroes (and other stories); even when I don’t write about them, they are valuable. Please keep them coming. In the meantime, I pledge to try to keep the jaundice out of my eye in 2014. Things just can’t be as dire as they seemed last year.

Could they?

Here are the 2013 Ethics Alarms Awards for the Best in Ethics:

Most Important Ethical Act of the Year:

The U.S. Supreme Court declared the Defense of Marriage Act unconstitutional, paving the way for the universal legalization of gay marriage. Yes, it was a legal decision, but it was also based, as all such culturally important decisions are, on a societal recognition that what was once thought to be wrong and immoral was, in fact, not. This is ethics, an ongoing process of enlightenment and wisdom about what is right and wrong, and the U.S. Supreme Court did its part. Continue reading

KABOOM! My First Head Explosion Of 2014: “Management Experts” Just Realized That The President Is A Poor Manager

Happy New Year!

Happy New Year!

Appearances to the contrary, this is not a post about what a weak, inept and dangerously incompetent leader President Obama is. I wrote so many of those last year that I started waking up every morning praying that there wouldn’t be another story in the news like this one (I know I’ve linked to it before), showing that our great nation is being run by a collection of arrogant amateurs and fools with flat learning curves who would run a bed and breakfast into ruin. No, this is a post composed after picking up my brains following the head explosion fused by this passage (and those surrounding it) in a hot-off-the-presses feature in Politico, the left-leaning political news and commentary website:

“To what extent do Obamacare’s early problems reflect the limitations, in experience and intellectual interest, of its namesake? The heart of the issue, many of these people say, is that Obama and his inner circle had scant executive experience prior to arriving in the West Wing, and dim appreciation of the myriad ways the federal bureaucracy can frustrate an ambitious president. And above all, they had little apparent interest in the kind of organizational and motivational concepts that typically are the preoccupation of the most celebrated modern managers. ‘No one asked you to write code or be a technical expert, but the expectation is you can set up a process,’ said Kellogg School of Management professor Daniel Diermeier. ‘Companies do it every day.'”

Ugh. Now see what you made me do? I put that in large, bold type, and it caused an aftershock explosion, and now I’m picking pieces of skull and ick out of my keyboard. Continue reading

The White House Scores A 2013 Jumbo Jumbo

There's no elephant. Do you see an elephant?

There’s no elephant. Do you see an elephant?

Just in time to make the 2013 cut-off, the White House achieved the Jumbo of the year, and simultaneously made me wonder if I am going to have to jettison all respect for my loyal Obama-supporting friends.

The Jumbo is an Ethics Alarms category lunched in 2013, designed to recognize individuals who engage in spectacular examples of unethical conduct I have always detested with a special passion: trying to wiggle out of a tight spot by stubbornly insisting that what is obviously the case isn’t really, a brazen exercise resting on the presumption that everyone else is either a dimwit or as corrupt as the speaker. The name derives from an iconic moment in Billy Rose’s 1936 Broadway musical extravaganza “Jumbo,” named after P.T. Barnum’s famous giant elephant, that starred Jimmy Durante. Caught red-handed as he tried to sneak his dying bankrupt circus’s major asset off the premises and away from creditors, the “Old Shnozzola” was confronted with a sheriff who belligerently inquired, “Just where do you think you’re going with that elephant?” Jimmy’s response, acting for all the world as if the massive pachyderm at the end of the rope he was holding didn’t exist: “Elephant? What elephant?” Another apocryphal equivalent is the old burlesque joke about the philandering husband caught by his wife as he frolics in their bed with a naked and luscious bimbo. The rake still denies anything untoward is going on, pleading, “Who are you going to believe, me, or your own eyes?” . In real life, the gold standard might be actress Lindsay Lohan’s insistence to police, when she was arrested for reckless driving and cocaine was found in her pocket, that she was wearing someone else’s pants.

The White House’s entry into the Jumbo Hall of Fame is pretty impressive, though. As figures showed that a million Americans had registered for Obamacare in December, bringing the total number to 2.1 million, well short of the 3 million goal, White House White House health care adviser Phil Schiliro told MSNBC yesterday that the frequently stated Administration goal of  7 million enrolled by the end of March, when the individual mandate (penalty, according to Democrats; tax, according to the U.S. Supreme Court) kicks in, was not really the goal after all. Continue reading

What Do You Do With The Drunken Judge? Media Distortion And Judge Gisele Pollack

Broward County (Florida) Judge Gisele Pollack, a recovering alcoholic, showed all the signs of suffering a relapse during her session on the bench two weeks ago, when she abruptly ended the day’s proceedings after an hour and a half that featured the judge slurring her words and acting erratically. She presides over misdemeanor drug court, a program she established shortly after being elected as a county judge.  Her program offenders to have their charges dismissed and their drug records erased after six months of treatment.

After staying away from work for a day, Judge Pollack returned to the bench in the late afternoon, and presided over a courtroom packed with about a hundred drug offenders, along with  their friends and their families. The event marked the completion of rehab for dozens of offenders and the dismissal of their misdemeanor marijuana charges.“You’ve got to remain vigilant,” she told the graduates, emphasizing that they had to work hard to avoid relapses that would  place them back in front of her, and perhaps in jail.

After court, she acknowledged her own health crisis and announced that she was going into an outpatient rehab program. An attorney retained by the judge in the wake of her conduct attributed her relapse to personal issues, telling reporters that she has  “had some severe personal tragedy in her life. Her mother recently passed away, and they were very close. It’s been really devastating for her.” Apparently her son is also suffering from a serious illness. Broward Public Defender Howard Finkelstein, a longtime friend, told reporters, 

“If this causes the people to not have faith and not have trust in what goes on in that drug courtroom, then she will have to step aside,’ he said. ‘My hope is is people will wrap their ever-loving arms around Judge Pollack just as she has wrapped her arms around thousands of people.”

What’s going on here? I think it’s pretty obvious: a recovering alcoholic in a critical position of public trust suffered a relapse, as alcoholics are wont to do. If one is an alcoholic, this is a symptom of a very persistent, pernicious and incurable disease that kills many Americans every year, does horrific damage to families, businesses, governments and the economy, and that is incurable. Being an alcoholic is not an ethical violation for a judge or a lawyer, nor is having a relapse. Allowing that relapse to affect the competent performance of one’s duties, however, is an ethical violation that calls into question a legal professional’s ability to do her job. It could trigger professional sanctions; it certainly should trigger an official inquiry. A Florida judge appearing drunk on the bench, just once, is still a massive ethical breach. It arguably violates the first five Canons of Judicial Ethics a Florida judge is bound to follow… Continue reading

A&E Does A Cracker Barrel

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The fecklessness and lack of core principles exhibited by our corporations is often breathtaking.

A&E has now, like Cracker Barrel, stuck its pusillanimous finger in the air and  decided that their “strong sense of integrity and deep commitment” to principle means that they do what whatever interest group has the most profit potential for them down the line wants them to do. Thus Phil Robertson is back on “Duck Dynasty,” and his “indefinite suspension” has been disclaimed by his employers. You can read A&E’s nauseating statement here…I considered posting it, but I don’t have the heart.

Everything I wrote previously about Cracker Barrel’s reversal on this same incident applies to A&E, but let me add this.

An organization with no core principles distinct from the profit motive is capable of anything, including outright evil. It is not worthy of trust. I would not and could not work for such an organization, and this episode makes me wonder if the entire concept of corporate ethics is a lie.

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Pointer: ablativmeatshld

Facts: Hollywood Reporter

 

Integrity Surrender For The U.S. Marines

"Any of them are fine, really--all that matters is that they're female, right?"

“Any of them are fine, really–all that matters is that they’re female, right?”

Among the core values of the U.S. Marine Corps is Honor:

“Honor guides Marines to exemplify the ultimate in ethical and moral behavior; to never lie cheat or steal; to abide by an uncompromising code of integrity; respect human dignity; and respect others. The quality of maturity, dedication, trust and dependability commit Marines to act responsibly; to be accountable for their actions; to fulfill their obligations; and to hold others accountable for their actions. “

According to NPR, the USMC has quietly postponed the requirement for all its female recruits to be able to do three pull-ups. The standard, which was to go into effect on January 1, 2014 for all women in the Marines, just as it has long been the upper-body strength requirement for men, has put back at least a year for “further study.” Marine women have not yet had to meet the same upper-body strength test as males because they were not permitted onto the battlefield. Beginning in 2016,  in response to the calls of feminists and women’s rights advocates, females in the Marine Corps and Army will be able, well, allowed, to serve in infantry, armor and artillery units, where the lack of sufficient physical ability can cost lives and result in military failure.  Continue reading

Ethics Dunce: Steve Martin (Coward, Too)

Life imitates art.

Shame on Steve Martin. He is a comedian. He tweets jokes. He tweeted a joke that was not racist in the least. (Everything that comments humorously on cultural quirks isn’t racist.) The political correctness bullies jumped on him too, because they nailed Phil Robertson and destroyed Justine Sacco. Martin, a novelist, a playwright, a TV writer, a comic and an actor, should have the integrity to stand up to this suffocating and unethical phenomenon. He has the stature to make a difference. He doesn’t have that integrity. He took the path of least resistance. He is a coward. He groveled. He apologized. The Blaze headlined that he “had to apologize,” No he didn’t. What he had to do was show some principle and strength of character when being manipulated and unfairly attacked, and he wasn’t up to the task.

By giving them what they crave, Steve Martin made the censors, bullies, cyber mobs and political correctness dictators more powerful, and hungrier still.

Without champions who will fight for free thought and expression, we will lose them. Martin and people of his intelligence and credibility have an obligation to be such champions, and he failed us all.

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Spark and Pointer: The Blaze