privacy

Better Late Than Never: The ACLU Finally Opposes the High School War On Off-Campus Speech

/ Jack Marshall / 37 Comments

High schools are seeking to place this lable on your child's head. Check for it right behind the left ear.

I had just about given up. The growing number of instances around the nation in which students are being punished by their schools for opinions and statements published on their personal Facebook pages and blogs—often under the supposed authority of “anti-bullying” rules—is disturbing and indefensible, the equivalent of schools censoring  students’ phone conversations or dinner time chats. This is an issue made for the American Civil Liberty Union’s mission of defending free speech, yet the organization had been loudly silent.

All is forgiven. We can now fairly assume that it was waiting for an especially egregious case—and one that didn’t involve alleged bullying—that it could win and set some strong precedent. It found one: a high school senior suspended and kicked out of an honors club because he criticized a teacher in a Facebook post, “from his own computer, in his own bedroom, at his parents’ home.” Continue reading →

What Would Happen If, While Submitting To a TSA Search, You Started Singing “The Piña Colada Song”?

/ Jack Marshall / 87 Comments

"Would you cut the comedy please? I'm trying to feel you up!"

A retired Air Force Lt. Colonel apparently was arrested at a TSA airport checkpoint after she refused to stop reciting the Fourth Amendment of the Bill of Rights (“Searches and Seizures”) while she was being screened. You can read her account here.

I’m not going to jump on the bandwagon of the various commentators from both sides of the political spectrum who are leading condemnation of the incident. My interest is in the ethics of the encounter and its subsequent reporting, as I do not see this as an example of official abuse and suppression of rights.

I object to much of how the Department of Homeland Security and the TSA has handled airport screening policy since 2001, as I discussed in this post and elsewhere. I agree that the public should not meekly accept what it regards as unjustified intrusions on their privacy, dignity and health, and that complaining, petitioning the government, putting pressure on elected and appointed officials and leveling criticism in various forums is a necessary and reasonable response. Nevertheless, the episode described in the accounts of this arrest has been mischaracterized. It was a situation in which TSA agents were placed in an impossible situation for the purpose of generating third-party indignation. The woman engaging in the protest also targeted individuals who can only be called innocent parties, the TSA screeners. They have a job, they have procedures to follow, and they have to follow them. They also have a lousy job, having to brush up against the privates of strangers while being glared at or verbally abused.

My question, as with many protests, is, “What was the objective here?” To be as annoying as possible? To cause a scene? To let everyone in the vicinity know that the woman objected to the procedures? To come as close to interfering with the screening process as possible without justifying an arrest? To get her name in the papers? To delay her fellow passengers, most of whom just want to get through the vile process and make their flights?

Or to get arrested? Continue reading →

Ethics Quiz: Is There An Ethical Obligation To Help An Actress Lie About Her Age?

/ Jack Marshall / 10 Comments

An actress who is, so far, unidentified is suing Amazon.com in federal court for over $1 million in damages for disclosing her age on its Internet Movie Database website, and refusing to remove the reference when she requested, then demanded, that it do so.

She says that IMDb misused her personal information after she signed up for the “industry insider” IMDb Pro service in 2008. Soon she saw that her legal date of birth had appeared on her online acting profile. IMDb refused to remove it.

Now, she says, she is being discriminated against in Hollywood for her age (40), as is its custom. Producers won’t hire her for younger roles, because she’s now regarded as “too old.” Yet she can’t get older roles either, because she still looks much younger. The lawsuit seeks $75,000 in compensatory damages and $1 million in punitive damages.

Your Ethics Quiz question of the day:

Did the Internet Movie Data Base do anything unethical by publishing the actress’s real age without her permission? Continue reading →

Genome Sequences, Consent, and Scientist Ethics

/ Jack Marshall / 35 Comments

What...you don't trust this guy???

Few things are scarier than when scientists start debating ethics.

A current debate in the scientific community involves whether it is ethical to publish your genome sequence without asking permission from family members. It is increasingly common for people to pay to have their genome scanned for the presence of traits, including genetic diseases. Scientists agree that releasing this information without the permission of the individual whose genes are described would be a clear ethical breach. The controversy involves whether an individual is ethically obligated to get consent from family members before publishing his or her own genome sequence, since to some extent that means publishing theirs as well.

The argument proceeds from the unauthorized release of someone’s genome sequence by a third party to the plight of an identical twin whose sibling wants to publish his own sequence, which, of course, also describes his twin’s.  This is ethically clear too: it would be wrong not to seek permission. But what about the rest of the family? Continue reading →

The Dominatrix Lawyer Principle?

/ Jack Marshall / 19 Comments

"Your witness, Counsellor."

Alisha Smith, 36, by day a lawyer in the state Attorney General’s Office specializing in prosecuting securities fraud, prowls the night as “Alisha Spark,” a dominatrix who performs at S&M events for pay. So reports an expose in the New York Post. At a recent S&M event, Alisha posed for photos with fellow fetishists, wearing a skin-tight, see-through latex dress with heart-shaped pasties.“They pay her to go to the events. She dominates people, restrains them and whips them,” the Post’s source said.

Yesterday, the Attorney General removed Smith from her duties. “The employee has been suspended without pay, effective immediately, pending an internal investigation,” said a spokesman for state Attorney General Eric Schneiderman. The lawyer-dominatrix’s punishment, which will may eventually involve dismissal, will undoubtedly be based on a standing executive order in the Attorney General’s Office that requires employees to “obtain prior approval from the [Employment Conduct Committee] before engaging in any outside pursuit … from which more than $1,000 will be received or is anticipated to be received.”

Whipping enthusiastic S&M lovers pays a lot better than that.

She should be dismissed anyway. Her activities breach no legal ethics rules, but as a representative of the state, the Attorney General and the justice system, “Alisha Spark” was obligated conduct herself in a manner that did not undermine the system’s dignity or call the competence of the Attorney General’s Office into question. Even if she had been whipping leather-clad, squealing men free of charge, she was still duty-bound to keep her kinky escapades secret and private, because once they became public, if they did, they would harm her ability to do her legal job. Would a jury be as likely to accept an argument from a prosecutor who had pictures circulating the internet showing her whipping up fun in her alternate profession while dressed like Cat Woman? Maybe, but no sane Attorney General would want to take that chance.

Kinky though she may be, Smith is apparently good at her day job. If the Attorney General  believes that his office won’t be tangibly impeded by her continued employment in a legal role that doesn’t require a high profile or courtroom duty, then it would make sense to keep her on. Otherwise, it is the Naked Teacher Principle again, under the rare sub-category labeled “Dominatrix Lawyers.”

Ethics, Porn, and the Creepy Professor

/ Jack Marshall / 5 Comments

The Ronald Ayers saga raises the intriguing, Weiner-esque ethical issue of whether a college professor being creepy is sufficient reason to fire him.

The former economics professor was fired by the University of Texas for viewing pornography on an office computer, which the University’s policies forbade. The chain of facts has the ring of Kafka: 1) a student claims he hears “sexual noises” emanating from Ayers’ office, which 2) is considered sufficient provocation (the professor denied the accusation that he was not “master of his domain” at work) for the school to search his computer, which 3) uncovers evidence that he looked at some pornographic sites, and 4) also that he searched for the term “teen,” which 5) the university deems sufficient to indicate that he was searching for child pornography, so 6) they fired him, after three decades and tenure on the faculty.

University records say Ayers at first denied the allegations that he viewed pornography, but when confronted with a printout of his computer records, admitted that it may have happened “at the end of a long work day.” Ayers later told administrators seeing the porn was for “academic research.”

Uh-huh… Continue reading →

A Three-Year-Old’s Privacy, Sacrificed For A Story

/ Jack Marshall / 2 Comments

"Dad???"

Showing the excellent ethical instincts that frequently characterize his blog for the Wall Street Journal (though not always), James Taranto accurately identifies blatantly callous and unethical conduct by the New York Times, its reporter, and the adult subjects of a Father’s Day feature called”And Baby Makes Four.”  The story, intended to highlight the proliferation of non-traditional family structures in modern America, focused on a 3-year old boy whose mother conceived him using the sperm of a gay friend.

The Times named and interviewed both the mother and the friend, who often babysits the toddler but professes no desire to ever be a father to him in the parental sense. The Times story describes how the sperm-donor watches the clock in boredom, waiting to be relieved of his child-care duties, and how observing the child—his son— play sometimes fill him with “profound despair.” Continue reading →

Unethical and Unfair Advertising With No Laws or Rules Against It…So That Makes It OK, Right?

/ Jack Marshall / 4 Comments

Justice Holmes warned about people like this.

From Wisconsin we have a perfect example of how new technology creates opportunities for the unethical to find new ways to exploit it, uninhibited by either basic fairness or formal ethics rules that were written before the technology was available.

The Wisconsin law firm Cannon & Dunphy purchased the names of the two named partners of their biggest competitor in personal injury law, the firm Habush, Habush & Rottier, for a sponsored link, meaning that  every search for “Habush” or “Rottier” produces an ad for Cannon & Dunphy at the top of all the search results.  incensed that their names were being used to promote their competitor, Robert L. Habush and Daniel A. Rottier sued, alleging a breach of privacy and a misuse of their publicity rights. Milwaukee County Circuit Judge Charles Kahn Jr. rejected the suit, holding that purchasing a competitor’s name as an advertising key word on the Internet is reasonable commercial use. Continue reading →

Hateful, Vicious and Wrong…Constitutional or Not

/ Jack Marshall / 11 Comments

In New Mexico, Greg Fultz has responded to the loss of the baby he almost fathered with  his ex-girlfriend by putting up a billboard along the Alamogordo, NM. thoroughfare that shows him holding the outline of an infant, accompanied by text that reads, “This Would Have Been A Picture Of My 2-Month Old Baby If The Mother Had Decided To Not KILL Our Child!”

His ex-  has taken him to court for harassment and violation of privacy, demanding that the billboard be removed.  Fultz and his attorney are not giving in, and argue the order violates Fultz’s free speech rights.

Fultz may have a good case. I could see him prevailing in a First Amendment analysis that places free speech above the breach of privacy and the embarrassment such a billboard would cause. If his girlfriend really did have an abortion (she claims it was a miscarriage), I can also understand how many would sympathize with his claim of father’s rights.

It doesn’t matter. The billboard is ethically indefensible. It is motivated by hate and anger, and designed only to humiliate and hurt. Putting it up is a mean-spirited act of vengeance, with no redeeming virtues at all. I sure wouldn’t want to be the kid that had a man who would do something like this as a father, and I can certainly understand why the ex-mother is also an ex-girlfriend.

The only good thing about the billboard is that it doesn’t have a picture of any portion of Congressman Weiner.

Gov. Mitch Daniels’ Self-Validating Decision

/ Jack Marshall / 9 Comments

"My wife, may she always be right, but my wife right or wrong!"

“Simply put, I find myself caught between two duties. I love my country; I love my family more.”

Thus did Indiana Governor Mitch Daniels remove himself from consideration for the 2012 GOP presidential nomination, breaking the hearts of Mitt Romney haters everywhere. Seldom have eighteen words launched so much ethical analysis, or what passes for it in the media.

Washington Post columnist Ruth Marcus, for example, applauded the Governor’s priorities while accusing Daniels of “throwing his wife under the bus.” Her point was that Daniels did not have to make it so crystal clear that his wife vetoed his own desire to run, that he should have simply said that he declined, and leave it at that. Indeed, that would have been chivalrous and kind. For a public servant and politician, however, it would also have been dishonest and wrong. Just as the public needs to know why a public figure is running for president (Gingrich: Because he’s deluded….Trump: Because its good for his TV ratings…), it needs to know why a public figure is not. Continue reading →