media bias

More Revelations Regarding Elizabeth Warren’s Alleged Unauthorized Practice of Law, and Why This Matters

/ Jack Marshall / 36 Comments

Prof Jacobson, on his blog Legal Insurrection, is in line for an Ethics Hero award with his tenacity regarding Elizabeth Warren’s dubious qualifications to engage in the practice of law in  Massachusetts. The overwhelming reaction by his colleagues in legal academia, and mine in the legal ethics community, has been to airily dismiss his arguments as trivial, far-fetched and thinly disguised political warfare, since Jacobson is an unapologetic conservative blogger (and a distinguished one.) Meanwhile, the mainstream media has, I think it is fair to say, completely ignored the story.

Part of this is undoubtedly because of the ignorance of most journalists regarding the importance of the legal ethics rules in question. Part of it is probably due to the accurate assessment by editors and TV news producers that the average American’s brain would switch off right around the time the story mentions Massachusetts Rule of Professional Conduct Rule 5.5 Subsection (c), and will start wondering about how Blair from “The Facts of Life” is going to do on “Survivor.” And part of it, infuriatingly, is because most journalists are willing to forgo the ethical duties of their profession in order  to ensure that a Democrat wins back Ted Kennedy’s Senate seat, and character be damned.

The rude brush off Prof. Jacobson is getting in this wagon-circling exercise is wrong in every way, and does injustice to every person and institution involved, including the Massachusetts legal establishment, the legal profession, ethical lawyers (which, believe it or not, the vast majority of them are), Senator Brown, the U.S. Senate, Massachusetts voters, and the American public. Bar associations across the country regularly punish ordinary lawyers who practice law without proper authorization, and there is a reason: a lawyer who won’t or can’t obey the most basic requirement of the profession—be sure you are practicing law legally—should not be trusted to handle the important transactions and controversies of their clients’ lives. Continue reading →

A Tale of Two Panders

/ Jack Marshall / 5 Comments

I know. I’ve hated the pander-panda pun since Sen. Paul Tsongas called Bill Clinton a “pander bear” in 1992. But the newborn baby panda at the National Zoo died yesterday, there’s no way to write about it on an ethics blog, so this was the best I could do to register my condolences. Forgive me.

What would be the response of an objective and balanced news media—that is, one determined to treat both candidates equally unfairly—to  an Obama equivalent of the infamous Romney dismissal of “47%” of the electorate? We really can’t tell from the closest comparison, candidate Obama’s infamous and also surreptitiously taped 2008 comments in ultra-liberal San Francisco, condescendingly describing blue-collar Pennsylvanians who, he said, “get bitter, [and] cling to guns or religion or antipathy to people who aren’t like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations.”  That was while he was running against another media darling, Hillary Clinton, so it presumably got more play than it would have if he were facing a hated Republican.

Better intelligence comes from Jennifer Rubin’s criticism today of Obama’s answer to an interviewer on the Spanish language cable station Univision, who asked him what his greatest failure was. Why, failing to achieve comprehensive immigration reform, of course! (“This is a Hispanic channel, right?”)

Really?, wonders the conservative Rubin. How about… Continue reading →

Romney’s “Worst Weeks” and the 27th Rationalization

/ Jack Marshall / 48 Comments

Yeah, yeah, but did you hear what Mitt said to raise money?

Normally I would consider the surreptitious taping and then publicizing of a quasi-private meeting unethical, writes a lawyer colleague, “but these are not normal times.”

I thanked him profusely for alerting me that I had inexplicably allowed a hoary, classic rationalization for unethical conduct with a distinguished pedigree to escape the Ethics Alarms list, though this was not, I gather, his original intent. I just remedied the embarrassing omission, dubbing this “The Revolutionary’s Excuse.” Here is the entry:

27. The Revolutionary’s Excuse:

“These are not ordinary times.” Continue reading →

World’s Smallest Ethics Trainwreck: The OIHO ‘Gotcha!’

/ Jack Marshall / 8 Comments

“You say OIHO, and I say OHIO…Let’s call the whole thing off!”

This is, even now, but a mini-train wreck, not even an H-O size train wreck, but more like a wreck involving those wooden Thomas the Tank Engine models, maybe between Percy and Duncan. Still, it’s depressing, and shows how far our political system and the media have sunk.

President Obama was campaigning in Ohio, and got conned into being part of a cheerleading-style array spelling out OHIO, except that he was in the wrong position, and ended up as the H in “OIHO.” This may have been legitimate fodder for Jon Stewart on a slow day, but otherwise was completely meaningless, and not worth the time it took to write or talk about it. Never mind, though: the conservative blogs and talk show mockers were out in force, pointing out that while the liberal media ridiculed Dan Quayle for misspelling “potato” and Michele Bachmann and Sarah Palin for any number of ridiculous statements, they readily excused Mr. Perfect because in their eyes he can do no wrong. Continue reading →

Conservatives Take Note: Media Bias Doesn’t Explain Everything

/ Jack Marshall / 6 Comments

Rep. Akin and his fans.

Pervasive media bias against them has the added affect of making Republicans and conservatives both paranoid and less likely to perceive their own flaws. In this it is like racism: that black Americans know that elements of society refuse to treat them fairly makes it difficult for them to assess their own accountability when they fail. Given the opportunity to blame failure on ourselves or others, most of us are inclined to choose the latter: psychologists call it the fundamental attribution error. That tendency, however, undermines our ability to evaluate areas where we need to improve, and to improve them.

The news media’s leftward bias warps public opinion, tilts elections and distorts public policy. A few candid  journalists acknowledge this, like ABC’s Jake Tapper, who opined to Laura Ingraham yesterday that the media “helped tilt the scales” against Hillary and John McCain in 2008, saying that “Sometimes I saw with story selection, magazine covers, photos picked, [the] campaign narrative, that it wasn’t always the fairest coverage.” Weasel words for unethical media bias, true, but for a member in good standing of the liberal Beltway media like Tapper, an admirable confession. This is justly frustrating to conservatives, but they can’t let it drive them stupid, for this is the Catch 22 of all pervasive bias. If a group blames everything on bias, it begins to make the bias look justified.

Hypervocal, a snazzy blog that delves into such matters and much else, has an excellent analysis of a current example of this phenomenon, as conservatives complain that the news media is ignoring a juicy Minnesota scandal involving a gay Democrat while overplaying Rep. Todd Akin’s self-outing as an ignorant fool regarding rape, abortion, and female biology. This is such a regular refrain now any time an embarrassing event occurs involving a Republican that it is both predictable and laughable, and it is always unseemly. Continue reading →

The Power To Ignore

/ Jack Marshall / 15 Comments

“And now the news…”

The news media’s choice of news stories, which to highlight, which to ignore, which to bury, has never seemed more suspect. NBC has made heroic efforts not to cover the Fast and Furious scandal; the Washington Post made a painted-over slab of rock at a hunting lodge a front page story to embarrass Gov. Rick Perry, and now the latest madman shooting tragedy is being mined for all the anti-gun sentiment that can be stimulated by human interest stories about the victims and solemn grandstanding statements by politicians. Meanwhile, the fact that every psychologist experienced in such matters cautions that publicizing such shootings encourages future massacres carries no weight with journalists at all. They will lecture us on the panacea of gun control but refuse to restrain themselves from giving homicidal maniacs exactly what they seek…fame. Ironically, the anti-gun slanted news coverage may ultimately be more responsible for the next Aurora than lax gun laws.

Journalists also will avoid confusing the public with stories that suggest that the issue of gun violence is more complex than they would like to acknowledge.

A week ago, 71-year-old Samuel Williams and his wife were  with 34 other patrons at a Jacksonville, Florida internet café.  Duwayne Henderson, 19, and Davis Dawkins, also 19, burst in on the scene, Henderson with a handgun and Dawkins with a baseball a bat. They announced their intent to rob the café and its customers, prompting Williams, a concealed carry permit holder, to pull out his .380-caliber handgun, drop to a semi-crouching position, and open fire on the would-be robbers. Continue reading →

Racism, the Media, and Reverend Wright Distortions

/ Jack Marshall / 25 Comments

He’s b-a-a-a-a-a-c-k! (Sort of….)

This has been happening to me a lot lately. I see a political story with ethical implications, and decide to pass. I think, “Nah, this is another ‘the news media is in the tank for Obama story”—it’s pretty obvious; I don’t need to go there.” Then the story starts to churn, the news media, left and right, distorts it thoroughly through spin and stupidity, and pretty soon I can’t stand it any more.

The controversy over a proposed, and rejected, Super-Pac ad blitz focusing on the President’s controversial relationship with Rev. Jeremiah Wright—demagogue, radical, racist—began when a leaked copy of a proposal prepared for conservative billionaire Joe Ricketts was leaked to the New York Times. The Times’ decision to put the proposal on its front page was sadly typical, and irresponsible. We don’t what wacky proposals circulate in the back rooms of both parties and their allies, and I don’t see why we would want to know, unless, as in this case, the objective was to suggest a series of things that aren’t true. Prime among them was that the Romney campaign was preparing to mount a full-bore attack on the President’s character. Nothing has suggested that, except the Times, whose story forced the presumed GOP nominee to apologize for a mode of attack 1) he had nothing to do with and 2) had never been approved anyway.

This was unfair, slanted and biased conduct by the Times, and the point at which I decided, “Oh, heck, we’ll be seeing the Times and the Washington Post, not to mention the broadcast media, pulling this until November. People either will recognize it for the partisan bias  it is, or they won’t.”

Then came Carol Costello on a typical morning for CNN, when she or the regular morning host Soledad O’Brien spend every AM sneering at Republicans and looking at the camera all dewy-eyed whenever President Obama’s name comes up. Costello, who I have concluded sets my teeth on edge even worse than the smug O’Brien, began her day with this: “Today’s question: Will racial politics work in 2012?” Continue reading →

No Boating Accident: The NBC 911 Scandal, and the News Media’s Dilemma

/ Jack Marshall / 21 Comments

Yup...boating accident! George Zimmerman looks cute in this photo, don't you think?

NBC completed its internal investigation into why the middle of the audio of George Zimmerman’s 911 call was edited out, making him sound like a racist. To recap, here is what was on the recording:

Zimmerman: This guy looks like he’s up to no good. Or he’s on drugs or something. It’s raining and he’s just walking around, looking about.

Dispatcher: OK, and this guy — is he black, white or Hispanic?

Zimmerman: He looks black.

And here’s the version played on NBC, MSNBC, and posted on the MSNBC website:

Zimmerman: This guy looks like he’s up to no good.  He looks black.

This was no boating accident: this was the Great White shark of intentional news media misrepresentation and tape doctoring, in the middle of a racially charged incident, with one man dead and his killer being subjected to credible death threats, and irresponsible demagogues accusing him of a hate crime. Continue reading →

Fairness for Ron Paul

/ Jack Marshall / 15 Comments

So as not to leave you in suspense longer than necessary, let me be direct: fairness to Ron Paul means firmly declaring him unqualified to run for President on the Republican ticket in 2012.

The reason is old, which means that we should have been having this discussion months ago, before Paul first set foot on a debate stage. In the late Eighties and Nineties, while Paul was out of Congress, he published a group of newsletters to true believers called “The Ron Paul Political Report,” “Ron Paul’s Freedom Report,” “The Ron Paul Survival Report,” “The Ron Paul Investment Letter,” and “The Ron Paul Greyhound Racing Tip-Sheet.”  Okay, okay, I’m sorry: that last one is made up—I couldn’t resist. But the others are real.

Also real were periodic statements in the newsletters that could charitably be called “racially-insensitive” or not-so-charitably be called “racist.” Paul has been questioned about these before, and in the run-up to the Iowa Caucuses where he is a genuine contender is being grilled on them again. Yesterday, he walked out of a CNN interview when Gloria Borger refused to let the subject go. Continue reading →

Cain’s Mistress: Don’t Blame The Media This Time

/ Jack Marshall / 11 Comments

One of the side-effects of the news media’s routinely displayed lack of fairness and integrity is that its motives can be challenged even when it does its job properly. The media itself is completely at fault for creating this opportunity for spin artists to confuse the public with blame-shifting arguments, but the blame-shifters are shameless and despicable.  Thus we have to listen to a conservative talk radio barrage of accusations that Ginger White, the woman who has surfaced with the tale of a 13-year long affair with Herman Cain, was “dug up” by “them” in a coordinated effort to “get” a rising black conservative. This morning, such claims were proliferating all over the AM dial.

Politico opened the door for this, of course, with its unsourced, anonymous, still detail-free account of sexual harassment complaints of an undefined nature filed against Cain and settled over a decade ago. The stories never should have run without names and facts, and the subsequent appearance of other Cain accusers can’t change that. Publishing such a story, in violation of basic journalistic ethics principles, was unfair, and did look like a media hit job, though when the media is involved, Hanlon’s Razor (“Never attribute to malice that which is adequately explained by stupidity.”) applies. As William Jacobson wrote over the weekend, Continue reading →