Rating Judge Kozinski’s Lies

The Ninth Circuit declined the opportunity to reconsider its controversial (and wrong) decision earlier this year that declared the Stolen Valor Act unconstitutional.  That means that according to the Ninth Circuit, pretending to have won a Purple Heart or a Silver Star is protected speech, and Congress’s law making it a felony to wear such a medal when you haven’t done anything to deserve it is an infringement of free speech. I discussed this issue here.

This post, however, is about some interesting dicta in this week’s decision, courtesy of the Ninth Circuit’s most colorful jurist, Judge Alex Kozinski. The Judge has flip-flopped on this question now twice—he was against the Act, then for it, then against it again.  But this time around, he graced us with some provocative thoughts about why lying isn’t always wrong.  He wrote: Continue reading

Unethical Quote of the Week: Time Magazine

“(CLARIFICATION: Palin did not, in fact, say this. It was a tongue-in-cheek link to an article that was intended as a joke.)”

Time Magazine, dishonestly claiming one act of unethical journalistic conduct to cover for a worse one.

Maybe I owe blogger TBogg an apology. I thought only left-wing Palin-haters could be so disoriented by ideological fervor that they could  believe the satirical story claiming that the former Alaska governor had told Sean Hannity that Christina Aguilera should be banished for botching the lyrics of the National Anthem. But no: Us Weekly, the celebrity gossip magazine, and Time Magazine (!!!) both fell for the same spoof. Us, at least, had the integrity to admit that it had made a mistake and to apologize. Time, disgracefully, issued the above dodge, claiming that a fabled news magazine suddenly decided to start printing “tongue-in-cheek” fake stories that portray national political figures as fools. Continue reading

News Flash! Satire Confusion Syndrome Epidemic Spreads to the Left!

The headline reads:

Palin Says She’d Deport Christina Aguilera for Botching the National Anthem

Although nothing Sarah Palin has ever said or done suggests that she would ever advocate such a ridiculous thing, and despite the fact the headline appeared on a clearly labeled comedy site, with the story including such over-the-top statements as…

“Palin also levied criticism on the Obama administration for allowing “spicy Latin princesses” to do the jobs of American pop divas. “Unemployment is at nine percent, yet we have to suffer through a performance by a foreigner with a poor grasp of the English language? If I were president, I’d deport Ms. Aguilera back to wherever it is she’s from and give Amy Smart a call.”

..despite all this, prominent Angry Left blogger TBogg took the story completely seriously, and so did many of his followers, who piled on in a “boy-is-that-woman-ever-stupid-like-all-the-other -Tea-Baggers” orgy of contempt. Continue reading

Drudge, Obama’s “$200 Million a Day Trip” and How The U.S. Public Gets Stupid

One of the many themes running through the many teeth-gnashing, garment-rending attempts by angry progressive columnist and bloggers to explain why the Democrats got their heads handed to them on Tuesday is that the voters are just stupid, that’s all. (In doing so, they duplicate the exact same arrogance that helped put all those heads on the block in the first place, but I digress.) The public is not stupid, of course, but it is often wretchedly misinformed by a news media that has lost most of its scruples and a lot of its professionalism. Once a rumor, misconception, distortion or myth gets enough publicity, it can lodge itself in people’s brains like shrapnel. Examples: Obama’s “Muslim faith” and his “foreign birth.” Other examples: the “50% divorce rate” and women only  getting paid “75% of what men are paid for the same jobs.”

We should all thank Matt Drudge for giving us a wonderful lesson on how this happens, both for our future reference and protection. He recently linked to a story in an Indian newspaper that reported, based on anonymous sources, that President Obama’s trip to Mumbai was going to be accompanied by about 10% of the U.S. fleet and cost $200,000,000 a day. Continue reading

Charlie Crist, Martyr for Civility

Florida’s beleaguered governor, Charlie Crist, has decided to bolt the Republican Party as the only way to continue his quest for the U.S. Senate. Tea Party darling Marco Rubio’s advantage has been “ideological purity,” much prized these days by conservatives who long for a new Ronald Reagan, conveniently forgetting that Reagan was as capable of choosing pragmatism over purity as any other successful leader. Crist, his critics say, is a chameleon, and can’t be trusted to stay in the conservative camp when the poll winds blow west.

Maybe. But what started the downfall for Crist, just months ago a rising star for the G.O.P., was his physical “embrace” of President Barack Obama last year when Obama came to Florida to stump for his stimulus package.  Continue reading

Web Ethics, Due Diligence, and the Happy Maxi-Pad

There is no denying it any more. It is per se unethical to pass along information discovered on the web to anyone, much less to put it on a blog or in an e-mail, until you have performed due diligence and determined with reasonable certainty that it is accurate and true.

All the more reason, then, to praise the Snopes “urban legends” website, which does a superb job tracking down and clarifying web hoaxes, rumors and other misinformation. A lot of the latter isn’t even intentional, but the consequences of not checking the facts can still be significant and harmful,

I thought about this after encountering an amusing bit of web lore that many of you may have already seen, on aan old blog post that introduced the piece like this: Continue reading

Ethics Dunces: Prof. Peter Tague and Chief Justice John Roberts

In today’s world of text-messaging, Twitter, Facebook and e-mail, intentionally throwing a rumor into a crowded room is only marginally better than falsely shouting “Fire!” in a crowed theater. Thus Ethics Alarms regretfully has to pronounce Georgetown Law Center professor Peter Tague’s puckish stunt of last week irresponsible and unethical.

Demonstrating how unreliable it was to accept media accounts from un-named sources, Prof. Tague told his first year law class that he had learned from a “reliable source” that Chief Justice John Roberts was about to announce his retirement. Some nimble-fingered Twitter-user (or many) promptly sent the rumor into cyberspace, where it rapidly found its way onto scoop-hungry websites, especially those made giddy by the prospect of President Obama having the chance to replace one of the Supreme Court’s most conservative judges with a progressive one. By the time Tague announced to the class that his “scoop” was a fraud, just thirty minutes later, the fake story was multiplying like a virus. Continue reading

Is Gossip Unethical? Is the Pope Catholic?

A recent Wall Street Journal blog post included this surprising statement:

“Amid a rise in office gossip, researchers are disagreeing over whether it is fundamentally good or bad.”

Pardon? Dictionaries are unanimous in defining  gossip as “idle talk or rumor, especially about the personal or private affairs of others.” That’s pretty clearly unethical, wouldn’t you say? Continue reading