The “I ♥ Boobies” Saga

boobies bracelet

Some time in the foreseeable future, we may have the pleasure of reading the various opinions of sages like Antonin Scalia and Ruth Bader Ginsberg regarding the import of bracelets bearing the message, ” I  ♥ Boobies,” and whether it is a constitutional violation for public schools to ban students from wearing them. In August, the Third Circuit U.S. Court of Appeals rejected Pennsylvania’s’ Easton Area School District’s  prohibition of the breast cancer awareness bracelets on the grounds that they were potentially disruptive and inappropriately vulgar.

In late October, the District voted  authorize the district’s solicitor to file a petition with the U.S. Supreme Court seeking to have the high court hear arguments in the case. The controversy has been going on for three years, has cost the district  thousands of dollars in litigation costs that should have been spent on education, and will result, you can bet, in even more egregious expansion of vulgar language in the schools.

This easily avoidable Ethics Train Wreck occurred when two middle school students in Easton wore the bracelets to school with their parents’ permission despite a school ban that called them “distracting and demeaning.”  ETHICS FOUL #2  School is about learning and facilitating learning, not making an effort to intentionally pick fights  in the shadowy realm of First Amendment law. Why did the parents do this? Are the provocative bracelets really essential school fare? Will their presence in the schools have a measurable impact on breast cancer awareness? Was the ability of the girls to wear the bracelets, and their opportunity to bend the school to its will worth all the cost, time and disruption this defiance of a dress code was likely to cause a legitimate utilitarian trade-off?  I don’t think so. Continue reading

The Strange, Strange Case Of The President’s Uncle: Why Trivial Lies Matter

Bill Clinton now seems to suggest that he was joking in the infamous interview back in 1993 when he claimed that he “didn’t inhale.” Yeah, that’s some comic delivery you had there, Bill. The moment seemed to encapsulate Clinton’s remarkably generous definition of truthfulness, and for the rest of his political career to date, it has proven to be an accurate predictor.

What has always seemed notable about Clinton is that he will lie when he doesn’t have to, about matters large and small. It is the trivial, pointless lies, in fact, that really inform us about a public figure’s truthfulness. A normally ethical individual, in a crisis and a moment of panic, might speak a falsehood, as all of us might and probably have. People with integrity, however, don’t resort to lies as a first option.

That is why yesterday’s puzzling story about President Obama’s uncle is insignificant in itself, but very significant as the nation and the public reaches a verdict–and such verdicts are almost impossible to overturn—regarding the trustworthiness of this leader and his government. The Washington Post relates: Continue reading

Martin Bashir Resigns From MSNBC

You can read details here.

Well, It's about time.

Well, It’s about time.

It has been about two weeks since MSNBC talking head Martin Bashir said, on the air, not spontaneously but reading from a script, that Sarah Palin deserved to have someone shit in her mouth. I have previously commented on the incident and its aftermath here, here, here and here, which is more than Bashir is worth.

Briefly…

  • Bashir should have been fired. That would have asserted that MCNBC had standards of civility and professionalism. This suggests it has none, at least when a conservative is the one being abused on the air.
  • He should have been fired immediately. Late is sometimes better than never, but it is also significant when a network, faced with an employee who engages in objectively outrageous conduct that doesn’t merely cross the line, but pole vaults across it, appears to be pondering, as in, “Hmmmm. How bad is it, really, when a host suggests that someone hold down a former vice-presidential candidate and defecate in her mouth? Tough one! What’s your take, Lou?”
  • Bashir’s producer and editor should have been disciplined, if not fired as well.  Continue reading

Cuomo Interviewing Cuomo? Of Course It’s A Conflict!

The interesting question isn’t whether CNN’s Chris Cuomo blithely interviewing the Governor of New York Andrew Cuomo—who happens to be his brother–is a conflict of interest and an example of unethical journalism. Of course it is. The interesting question is what it tells us about the state of U.S. journalism that such an interview could even occur.

Here are two prominent provisions of the Society of Professional Journalists Code of Ethics, requiring that ethical journalists…

  • “Avoid conflicts of interest, real or perceived.”
  • “Remain free of associations and activities that may compromise integrity or damage credibility.”

Is there any question that a CNN anchor man interviewing his brother regarding anything whatsoever violates both of these? Real or perceived? Compromise integrity or damage credibility? Seriously?

Cuomo the Anchorman was interviewing Cuomo the Governor regarding the recent train accident. Conflict? Sure: the journalist is supposed to have only one duty, and that is to his audience. But Cuomo the Anchorman obviously has another, potentially confounding duty of loyalty to his interview subject, and this he must not have. It calls into question his willingness to probe and, if the facts warrant it, to ask uncomfortable questions of his subject. If Chris Cuomo’s duty to his audience unexpectedly requires him to breach his loyalty to his own brother, which will he choose? We don’t know. Perhaps Cuomo himself doesn’t know. He was obligated not to place himself in a situation where the question even needed to be asked.

The various defenses being offered are, I have to say, misguided and disturbing. The usually sensible Joe Concha of Mediaite writes that the controversy is “much ado about nothing.” His reasons are … Continue reading

Ethics Dunce: Bismarck, North Dakota’s CBS Affiliate, KXMB

will Farrell

Actor and comedian Will Ferrell donned his  Ron Burgundy persona from “Anchorman”  and delivered the news for KXMB in Bismarck Saturday night. It was a promotion for “Anchorman 2: The Legend Continues,” the sequel to Ferrell’s  2004 hit comedy about a fictional news team in the politically incorrect 1970’s. The station’s sales manager, Tammy Blumhagen, explained that Ferrell’s agent contacted her in May and asked if he could anchor or co-anchor a newscast as part of the promotion tour for “Anchorman 2.” “When they called us, we kind of jumped at the opportunity,” she said.

Well, why wouldn’t she? Since U.S. journalism has abandoned all but the wan pretense of being a legitimate profession, perhaps all TV news broadcasts should just go the route of Bismarck’s local CBS station, and let clowns, reality stars, high school athletes, citizens picked at random, talking macaws and trained seals deliver the news. After all, neither the news judgment, integrity nor competence of what passes for journalists these days can be assumed or even expected. Why not just turn over the broadcast of the evening news to a comedian who plays a idiotic anchorman in films? It’s not like informing the public about what’s going on in the nation and the world is important or anything. The public doesn’t have a right to know. The public has a right to be amused. Continue reading

Business Ethics: Searching For An Effective Way To Show Contempt, And Failing Miserably

"You got a complaint?"

“You got a complaint?”

After yesterday’s excursion, I am adding Gold’s Gym to the long list of companies I will no longer patronize come Hell or high water. As my Dad used to say (he died exactly four years ago today, on my birthday, which I suspect may have been just another in a long line of his black humor pranks), “That and twenty cents will get you a ride on the MTA.”

Gold’s Gym screwed me in one of those little ways that doesn’t matter much in any one case, but that multiplied by thousands probably pays for some nice bonuses. I don’t appreciate this, and there should be a some way to make it stop, or at least hurt the company a little.  As with so many other unethical business practices, however, by other companies large and small, there isn’t, which is why those practices persist. And the fact that they are just scrimey, petty, unfair and wrong apparently isn’t that enough to make cause an executive somewhere in the chain of command who was raised right to just say, “Wait—this makes our company look like a used car lot.  Where’s our integrity?”  I suspect it’s because when such an executive does this, his boss says, “Integrity is nice, Bill, but that little trick pays for your raise.” To which Bill answers, “Oh. Never mind.” Continue reading

“How Dare Universities Charge Such High Tuition?” KABOOM!* #1: Georgetown University Law Center

headexplode

Kaboom.

James Feinerman, the James M. Morita Professor of Asian Legal Studies at Georgetown University Law Center, who also serves as its associate dean for transnational programs, was hired by the U.S. government as an expert witness  to bolster the prosecution in a spying case, and apparently plagiarized a substantial potion of the report submitted to the court from <sigh–there goes that value of THAT degree> Wikipedia.The defense picked up on the uncited cribbing and the federal court is now examining whether the sources used by Wikipedia are reliable enough for his report to be accorded any validity. The Government, meanwhile, represented by assistant U.S. attorneys Peter Axelrod and John Hemann, is stuck with making desperate “ahumunahumuna” sounds like Ralph Kramden used to do on “The Honeymooners” when he was caught looking stupid and spouting lame arguments in court filings about how Feinerman “utilized language from Wikipedia as a concise English-language summary of his opinions on certain topics.”

Riiiight. Continue reading

Ethics Hero (Animal Lover Division): Janet Sinclair

janet+and+sedona

Janet Sinclair used United Airlines’ “PetSafe” service to fly her beloved greyhound Sedona cross-country from San Diego. The service assures flyers that their pets will make the journey safe and sound, with responsible care and personal handling. Sinclair, however, became alarmed when she saw a United employee kick Sedona’s crate six times to shove it under the shade of the plane’s wing instead of carefully moving it. She then began documenting United’s pet care. Her video  shows her dog being left outside in 94 degree heat at a mid-journey stop (in Houston), and not placed in a temperature-controlled vehicle as she had been promised. When Sinclair landed at Logan Airport in Boston, her dog was barking at death’s door.

“Sedona’s entire crate was filled with blood, feces, urine,” Sinclair told reporters. “Sedona was in full heat stroke. All of the blankets were filled with blood. She was urinating and defecating blood. She was dying, literally, right in front of me.” The veterinarian who saved Sedona diagnosed her with heat stroke, urinary tract infection and liver dysfunction, all arising from the over-heating the dog experienced during the United Airlines flight. The airline, for its part, claimed that the dog’s distress was due to pre-existing conditions, though Sinclair’s vet had declared Sedona healthy following a pre-trip exam. Continue reading

Three Case Studies In Ethics Obtuseness: The Sheriff, His Victim, And The Hollywood Loudmouth

Hear-No-Evil-See-No-Evil-Speak-No-Evil

These Ethics Dunces  don’t get it, and probably never will.

There is nothing quite as frustrating as the ethics offender who receives a clarion lesson in response to the wrongful conduct, and completely misses the point:

Case Study #1 : Alec Baldwin

The serial loudmouth actor, who alternates between banal progressive nostrums and outbreaks of public violence, verbal abuse and denigrating slurs, was inexplicably addressing a gathering of ServiceSource International Inc. employees in the aftermath of his suspension by MSNBC for calling a photographer a “cocksucking fag” and getting caught on video in the process (the network was trying to make sure the actor understood that it was harmful to have one of its show hosts denigrate a strong demographic slice of their viewing audience, and that in the future he should confine his outbreaks of vile language to calling for conservatives to be defecated in and upon). ServiceSource CEO Michael Smerklo, having already booked Baldwin, said that Baldwin’s  insult to  gays created  one of the toughest decisions in his career. Hmmm… pay Alec Baldwin lots of money to impart his wisdom to a tech firm’s employees, or spend the money on something more worthwhile, like, say Cheetos. Wow. What a quandary. And why did the CEO think that Baldwin’s wisdom was worth imparting? CBS says: Continue reading

Why Is A Lying Journalist Not Fit To Practice Law, When A Lying Presidential Candidate Is?

Question: Which two men are fit to practice law? (It's a trick question...)

Question: Which two men are fit to practice law? (It’s a trick question…)

The Wall Street Journal Law Blog muses on an issue that has troubled me for a long time: the fact that the legal profession allows people to keep practicing law whose conduct would have kept them out of the profession had it occurred before they were lawyers.

The reason for the current examination is the apparent inconsistency of disgraced New Republic journalist Stephen Glass continuing to fight and uphill battle (and, I think, doomed) to be admitted to the California bar, while lying scum-of-the-earth John Edwards still has his law license and is opening up a new practice in North Carolina. I wrote about Glass here, and Edwards here.

In the Journal piece, estimable legal ethicist Stephen Gillers opines that the different standards applied to Glass and Edwards are paradoxical,  with the law grads entering the profession being held to more stringent ethical standards  than a veteran attorneys. “If anything, you might say it should be the opposite,” he says.

Especially if the veteran lawyer is a high-profile, national figure who makes every other lawyer want to crawl under a rock… Continue reading