misrepresentation

On Mockery, The Streisand Effect, Incompetent Lawyers And The Sleeping Yankee Fan

/ Jack Marshall / 22 Comments

ESPN cameras caught Andrew Rector sleeping in his seat in the fourth inning of  the April 13 Boston Red Sox-New York Yankees game. In the time-honored tradition of TV play-by-play when something funny, weird or, most especially, sexy is spied in the stands, ESPN commentators Dan Shulman and John Kruk  began making fun of him. The clip ended up on YouTube, naturally, and thus on various sports websites, followed by the various idiotic, cruel, gratuitously mean-spirited insults, usually composed by brave anonymous commenters.

This is a familiar pattern of unethical public mockery, and we have become inured to it. Though the ESPN team’s jibes were rather mild in nature, and Rector’s legitimate embarrassment quota would be far, far less than, say, that of George Costanza when this happened at the U.S. Open, let me say for the record that picking fans out of the crowd at sporting events and making fun of them, whatever they are doing, is generally a rotten thing to do. I know: it’s public, you know you might be on camera, and the fine print on the ticket stub puts you on notice. Unless, however, the conduct involved is actually newsworthy or despicable (as in instances where an adult has snatched a baseball from a child), the Golden Rule applies. Who knows why Rector was sleeping? Maybe he was up all night with a dying relative or a grievously ill child—Shulman and Kruk don’t know. And if he chooses to pay for a ticket and nap during the game—and it wasn’t exactly a scintillating game, I should add—so what? Continue reading →

The Mind Of The Unethical Advocate: 41 School Shootings Just Isn’t Enough—Let’s Pretend There Are More

/ Jack Marshall / 7 Comments

Shootings

You have probably seen this map; it went viral on the internet almost immediately after it was first published on Twitter last week by  and editor at The Huffington Post. It purports to show the locales of the “1.37 deadly school shootings per week,” 74 in all,  that have occurred since the December, 2012 Sandy Hook massacre according to Everytown for Gun Safety. That is an anti-gun activist organization founded by Michael Bloomberg and Shannon Watts, and its release that “there have been at least 74 school shootings in America” since Newtown was just what the doctor ordered for the languishing gun control forces.

It’s an intentionally misleading number. Journalist Charles Johnson checked the facts, and these are not all “school shootings” in the sense that the public now understands the term and how honest journalists use it—episodes where someone brings a gun to a school and starts shooting teachers and kids. At least 33 of the “school shootings” just fit the conveniently broad definition used by Everytown for Gun Safety so as to make the strongest impression, fairness and truth be damned. They include not just Columbine and Newtown-type episodes, but also assaults, homicides, suicides, gang fights, and accidents involving guns that happened “inside a school building or on school or campus grounds.” Continue reading →

Political Correctness Files: X-Men, People Magazine And The Case Of The 6’4″ Dwarf

/ Jack Marshall / 90 Comments
"Hey, look! It's Tom Selleck!"

“Hey, look! It’s Tom Selleck!”

Apparently political correctness in the media now requires affirmative misrepresentation.

The People Magazine review of “X-Men: Days of Future Past” contains this sentence:

“You’ll understand her motivation when you meet Dr. Bolivar Trask (Peter Dinklage), a government type who creates the sentinel project, and is even more sinister than his Magnum P.I.-by-way-of-IBM looks would suggest.”

For anyone who has seen the movie, or even anyone familiar with the (excellent) actor, Peter Dinklage, I have this question: What is odd about that quote?

For it is extremely odd. Continue reading →

On Lawyers, Jerks, and Ethics Blog Comment Malpractice

/ Jack Marshall / 20 Comments
Marilyn Ringstaff, an excellent and much-admired lawyer who has a some friends who need to learn how to write ethical blog comments...

Marilyn Ringstaff, an excellent and much-admired lawyer who has friends who need to learn how to write ethical blog comments…

In 2011, I posted this story and commenary:

Marilyn Ringstaff, a 2006 graduate of John Marshall Law School, had to pay a $250 fine as a result of a minor traffic accident when she was a first year law student. She represented herself in court, challenging Abe Lincoln’s rule that “If you represent yourself you will have a fool for a client and a jack-ass for a lawyer,” and then proved Abe correct—on both counts— when she argued on appeal that her own representation was ineffective.

Ringstaff paid the fine and sent along an obnoxious note with two smiley faces, reading, “Keep the change—put into a police/judicial education fund. I can certainly say this has been an educational experience. I am now a second-year law student and can honestly relate to what a crooked and inequitable system of ‘justice’ we have.”

Georgia’s Board to Determine Fitness of Bar Applicants took offense, and recommended that she should not be allowed to take the bar exam. It cited the note and her defense tactics, along with comments Ringstaff made during an informal board interview that “every police officer lies.”

The Georgia Supreme Court rejected the board’s conclusions, and Ringstaff’s path to a legal career is unencumbered. I agree with the opinion. Her snottiness and arrogance are hardly out of character for many in the legal profession, and at least there is a chance that she will mature, improve, and learn from this close call. More likely of course, is that a profession with more than its share of jerks just embraced another one. Continue reading →

Pop Ethics Quiz! What’s Wrong With This Picture?

/ Jack Marshall / 18 Comments

speeding bullet

No, you don’t have to spot the mistake, now.  That’s too easy. The single, embarrassing mistake in this ad created for Michael Bloomberg’s anti-gun group Everytown For Gun Safety is so obvious I’m pretty sure there are 5th graders who could spot it. A bullet doesn’t come out of the barrel with its casing. There would be no way to propel such a projectile. This ad couldn’t have been created or approved by anyone who ever fired a gun, saw one fired or watched a  Western, war movie or action flick.

The unethical conduct represented by the ad, however, are more numerous, though equally unforgivable:

  • It is incompetent and lazy. No one connected with the ad and its graphics bothered to do the minimum due diligence necessary to find out what a bullet coming out of a muzzle looks like, or how guns work.
  • It is untrue. Actually, anyone is faster than that bullet, which would drop harmlessly to the ground.
  • It negligently misinforms the public, passing along the ignorant misconceptions of the group and its hired artist to people who know as little as they do.

Continue reading →

I Repeat: April Fools Day Is Not For Ethical Professionals

/ Jack Marshall / 8 Comments

april-fools-day-banner

In a much attacked post here way back in 2010, I offered some ethical guidelines for April Fool’s Day, which was just beginning to get out of hand. I was right, my critics were wrong, and maybe some of the mockers who are now trying to figure out when their favorite news organization is lying to them today for fun, as opposed to the rest of the year when it lies to them out of bias or incompetence, are beginning to appreciate my position.

I just watched three different morning news shows that contained fake news or commentary that the reporters and anchors, at least, seemed to think was hilarious. In one case, on Fox, conservative talk-show host Laura Ingraham dead-panned a remarkably even-handed and fair explanation for HHS Secretary Sibelius’s much-maligned TV silence when asked about the Affordable Care Act’s unpopularity.  April Fool! Laura wasn’t being fair or objective, she was just tricking Fox’s audience into being angry at her for being fair and objective, or, in my case, admiring her integrity for pointing out that the incident had more than one plausible interpretation. Got me, Laura. I just heard an NPR host plead with the audience not to regard the upcoming segment as a hoax because of the date, an especially difficult plea since NPR springs virtual hoaxes on its audience all year.

The first and most important of my April Fools guidelines was this:

1. April Fools’ Day tricks are not for professionals to play on those who depend on them, trust them, or otherwise rely on them for information or services, unless there is a special relationship as well. The risks of harm and abuse are too great.

The succeeding four years have validated my position. Journalism, government and politics are the prime examples. CNN played a video that showed Jay Carney crowing yesterday about the Affordable Care Act’s success even as the Healthcare.gov website had crashed. Wait..is this a joke? Did the Obama White House film this for fun and games? They wouldn’t do this, you say? Government officials don’t use their high office for jokes and hoaxes? Really?

Sen. Ted Cruz, also on Fox, showed his new tattoo, apparently an April Fools’ joke, but also said he was certain that the Affordable Care Act would be repealed. Which is more likely, that the AFA will be repealed, or that wacky Ted Cruz would get a tattoo? Slate has a post up by someone called Rehan Salan, which is, clearly, a clever anagram for “En Anal Rash” or something, arguing that adults without children should be forced to pay extra taxes to support parents. Hah! Good one, Slate! That should turn the “pro choice” crowd on its head: lets; punish the choice not to have children via a penalty—I’m sorry, Chief Justice Roberts, a tax, wink-wink. Wait…that isn’t a joke? Ok, well, I’m sure about this, then: that fake video showing famous tough guy Don Baylor, a record holder for being hit by pitches when he played and now a coach for the Los Angeles Angels, “breaking his leg” catching the ceremonial first pitch of the baseball season. April Fools, right ESPN? No????

Continue reading →

Ethics Quiz (Movie Division): “The Impossible,” Whitewashing, and Betrayal

/ Jack Marshall / 43 Comments
"Bennett" and Belón

“Bennett” and Belón

I suppose some of you may have thought about this two years ago, when the Spanish film “The Impossible” was first released. I, however, take a while to catch up with my movie-viewing, and though the film was much praised by critics and got Naomi Watts an Academy Award nomination, I had not seen the film until recently. “The Impossible,” about as accurately as a motion picture can, tells the amazing story of how Spanish physician María Belón, her husband Enrique Álvarezs, and her three young sons miraculously  survived the 2004 Indian Ocean earthquake and tsunami when the family was on vacation in Thailand.

It is an engrossing, harrowing movie. I was surprised to find out, however that the family’s name wasn’t “Bennett,” and that they weren’t British, as the movie presented them. Apparently to maximize box office receipts, the film makers decided to take the heroic story of a real family and make the characters “more relatable” by recasting them as English-speaking Brits. There was a minor controversy about the film “whitewashing” the story*, but not much of that made it into the mainstream media. Belón, after all, is white. She was an active participant in the appropriation of story and that of her husband and sons, and they all profited from it, at least financially. Still, the movie’s point of view left a bad taste in the mouths of some international critics. Here is Australian critic Ruby Hamad:

“Based on the true story of a dark haired and darkish-skinned Spanish family, the filmmakers admitted to changing their nationality and casting lily-white actors in order to make the story ‘universal’. In other words, only white people can stand in for the human race as whole. For this reason, Thailand and its people are mere backdrops for the story of a Caucasian family who learn the hard way that even western privilege is no match for the brute force of mother nature.”

Your (two-year late) Ethics Alarms Ethics Quiz, therefore, is:

Is “The Impossible” unethical”?

Continue reading →

Spreading the Word: “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit”

/ Jack Marshall / 31 Comments
"Bottoms up!"

“Bottoms up!”

I am moved to re-post the early Ethics Alarms entry from 2010, titled “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit,” for a few reasons.

It raises an important and shamefully under-reported topic, one that despite my exhortations then has yet to be adequately examined in the media. If one googles various combinations of “mouthwash,””Listerine,”‘alcoholism,” and “alcoholic,” the first result is, sadly, my post. Most people who are not afflicted with the disease of alcoholism have no idea that mouthwash is a popular stand-in for liquor, or that is used to deceive family members who think an addict is no longer using or intoxicated. None of the recommended policy changes I suggest in the post have been implemented, either.

Last week I chanced to mention the use of Listerine by alcoholics to a friend who is a doctor who treats alcoholics. He was shocked, and had no knowledge of this at all. “Eww!” he said. “Isn’t that poison? You can drink it? I had no idea.” And he is a professional who keeps up  with the literature. (But obviously doesn’t read his friend’s blog.)

Despite my frustration that what I regard as a true exposé that should have sparked an equivalent article in a more widely read forum has remained relatively unknown, I am encouraged by the effect it has had. Most posts have their greatest traffic around the time they are posted, but since 2010, the page views of this article have increased steadily every month. More importantly, it has drawn comments like this one, from yesterday:

“Am looking after my twin sister who is a chronic alcoholic. She has been three days sober and then she just walked in and I couldn’t work out what the hell happened. She was in a stupor , but there was no alcohol and I am dispensing the Valium for detox period and she smelt like mint!! Found three bottles of it !!! This is my last big push to help her and she pleaded innocent and no idea it had alcohol in it! Hasn’t had a shower for two days but keeps her month fresh and sweet !! Thanks for the information. Much appreciated XXX”

Most of all, I am revolted that what I increasingly have come to believe is an intentional, profit-motivated deception by manufacturers continues, despite their knowledge that their product is killing alcoholics and destroying families. I know proof would be difficult, but there have been successful class action lawsuits with millions in punitive damage settlements for less despicable conduct. Somewhere, there must be an employee or executive who acknowledges that the makers of mouthwash with alcohol know their product is being swallowed rather than swished, and are happy to profit from it.

Few had discovered Ethics Alarms by April of 201o. I hope that by re-publishing the post now, it might find its way to more social media pages and even be sent to some investigative reporters. As I ended the original post, spread the word. Mouthwash is killing your friends and family members, or if not yours, those of someone not far away.

Thus, for the second time and hoping for more impact than the first, here is “The Amazing Mouthwash Deception: Helping Alcoholics Relapse For Profit.” Even if you read it the first time, refresh your memory.

People are killing themselves right under our noses, and we are being thrown of by the minty smell of their breath.

Continue reading →

Who’s That Woman On The Cover of “O” Magazine?

/ Jack Marshall / 11 Comments
l, c: O yesterday; r: Cover O.

l, c: O yesterday; r: Cover O.

By purest coincidence, I was looking through a magazine rack at CVS yesterday and taking notice of how well Oprah Winfrey has been keeping the pounds off lately. Then, this morning, I saw footage of her walking across a stage to announce her latest venture, something to do with chai tea. Mama mia! The woman I saw smiling and waving, presumably the real Oprah, was easily 50 pounds heavier than the look-alike who has been gracing the cover of recent O’s, though I will say, as mitigation, that the strategically shot March cover has a graphic over OW’s gut.

I could not care less how much Oprah weighs or what she looks like. However, an ethical narcissistic—and what else can you call a woman who publishes a magazine named after herself that has her as the cover model for every single issue?—has limited choices:

  • Keep yourself in fabulous shape, so you are fit to be a cover girl (by your own standards)
  • Don’t put yourself on the cover when you don’t feel cover-worthy
  • Use cartoons, or
  • Let it all hang out.

Not an ethical option: showing your loyal, trusting readers that you look one way, when in fact you look a whole lot fatter.

Yes, yes, I know—photoshopping, airbrushing, make-up, glamor photos, “it’s done all the time.” This is Oprah’s magazine, her image and her body, and pictures communicate. Her covers say “This is what I look like, be like me.” If she doesn’t look like her covers or even close, that’s an outright, calculated lie. It’s really as simple as that.

 

 

 

Ethics Dunce: CNN’s Chris Cuomo

/ Jack Marshall / 12 Comments

Bob BarkerCNN morning anchor Chris Cuomo is a fascinating study in modern broadcast journalism. Handsome, engaging, obviously intelligent and wearing his New York liberal Democrat family’s brand for all to see, he will either become an annoying MSNBC-style left-wing media scold (like his dim predecessor Soledad O’Brien), manage to walk the perilous tightrope between fair newscaster and openly liberal commentator, or (my prediction) go into the Cuomo clan business and run for office. Lately, however, his adventures have me wondering if his ego will swallow his judgement, setting him on a trajectory for MSNBC itself.

On Wednesday’s New Day, Cuomo couldn’t hide his obvious disappointment over Florida Republican David Jolly’s victory in the much-watched Florida special Congressional election. He  noted that The Price Is Right theme music was played Jolly’s  victory rally on Tuesday, and expressed disgust: “What a metaphor for what politics has become – that they are playing the theme song of The Price Is Right when they celebrate a victory, because it’s about the money! It makes me sick.”

The impression Cuomo left was indeed disgusting, that Republicans were celebrating the triumph of their big money campaign over the Democrat’s similarly obscenely funded campaign, calling attention to their victory in what had become, due to its presumed bellweather status, a local race that had attracted support from deep-pocket king-makers from both parties. Ironically, Democrat Sink outspent the Republican Jolly, who won, making Cuomo’s indictment an example of selective prosecution. His indignation that the Republicans would be mocking the role of money in politics, however, seemed to justify his making them out to be villains. Continue reading →