The Golden Rule

Nobody Cares, But NBC Has Been Wildly Unethical In The Trump-Bush Video Affair

/ Jack Marshall / 15 Comments

nbc-peacock-ap

NBC deserves to be condemned for its conduct in many ways in reference to the Trump Pussy Tape episode, going back eleven years.

1. NBC technicians allowed Trump to continue talking without his realizing that his microphone was on. Unethical, and unprofessional, as well as a pure Golden Rule violation. Basic decency, fairness and professionalism requires that when a guest is doing this, his mistake must be  made known to him at the earliest possible time. This is the rule when someone continues to speak on a conference call believing the call has ended. It is the ethical thing to do  when you are in a bathroom stall and your opponents in a law suit start discussing strategy while they are washing their hands. I have several times, at taped seminars, begun to answer questions during a break and realized that I was still being recorded. Sometimes a technician has reminded me. Worse (but funnier) I have done a full “Naked Gun”, using the Men’s Room while wearing a live mic…and the technician dashed in to get me to turn it off, just in time. (Well, almost.) Allowing a guest to embarrass himself on tape as Trump did is despicable and unprofessional in every way.

2. NBC betrayed its own employee, Billy Bush, by not alerting him, either.  Disloyal, unfair, and uncaring.

3. Once the recording was made, it should have been destroyed as soon as anyone in authority realized the participants were speaking without knowing the mics were on.

4. Attorney Robert Barnes makes a compelling argument that NBC’s conduct violated California Penal Code 632, which criminalizes the act of any person who “without the consent of all parties” records their conversations. Of course, violating the law is also unethical. Trump might  have a just lawsuit, though the damage can’t be undone: the pussy’s out of the bag, so to speak.

5. Bush, as an NBC employee, should have been told about the recording and its contents long, long before it was made public. NBC was obligated to inform him as a basic courtesy. Continue reading →

Observations On The Obscene Trump Audio Scandal

/ Jack Marshall / 46 Comments

4217128-caveman

A leaked audio  obtained and released by the Washington Post has Donald Trump commenting to media personality Billy Bush about his attempts to bed a married woman, a few months months after he married Melania Trump, his third wife. When he sees a beautiful woman, the GOP standard-bearer said, he  kisses her without consent.  “When you’re a star, they let you do it. You can do anything,” he explains. He describes a married woman who wouldn’t sleep with him by making fun of her as having“phony tits.” Then he advises Bush, “Grab them by the pussy.”

Nice.

But not surprising. Not even a little bit.

Observations:

1. CNN’s senior White House correspondent Jim Acosta believes this may finish Trump’s presidential campaign. Utter incompetence and confirmation bias: why does anyone listen to “experts” this dense? Acosta, and I’m sure he has lots of company, apparently has learned nothing over the past year. What kind of person who currently supports Trump despite his constant vulgarity, misogyny, meanness, dishonesty, irresponsible statements and foolishness would regard this unremarkable male jerkishness as a last straw? Of course he talks like that. I never had any doubt that he talked like that, just as I never doubted that Hillary Clinton regarded Bernie’s supporters as gullible children, as a recent leak of her candid comments revealed. Did you think Trump talked about women differently than this when he was with other guys? Continue reading →

Unethical Tweet Of The Month: The Despicable Howard Dean

/ Jack Marshall / 16 Comments

howarddean-tweet

What can you say about this kind of slimy, unethical innuendo from a former Democratic Party chair? How hateful and uncivil the brand of politics and partisan nastiness that it symbolizes and advances? That it represents gutter political smearing at its worst and most unforgivable? That a party with any dignity and sense of decency would demand an apology and a retraction or cut ties with such a shameless creep? That someone who would do this has never heard of the Golden Rule, much less follows it?

The only remaining question is whether this ugly tweet allows Dean to surpass  or merely  Harry Reid as the most loathsome individual on the political scene, edging past the disgraced Debbie Wasserman Schultz.

I’m trying to think of a similarly ethically irredeemable Republican. Chris Christie hasn’t sunk to this level; Newt Gingrich is close, but he wouldn’t do this. Ironically, the only one I can think of is…Donald Trump.

Comment of the Day: “Comment of the Day: ‘Observations On The Instapundit’s Tweet'”

/ Jack Marshall / Leave a comment

charlotte4

I am often disappointed in the volume and balance of comments on particular posts here. Yesterday, I was waiting for someone to defend the extreme reaction to Glenn Reynold’s unseemly tweet regarding the Charlotte riots, and was especially interested in hearing arguments why Mariners catcher Steve Clevenger’s blunt tweets were “racist” as so many headlines were calling them. Admittedly, I was waiting for such arguments because it would be so easy and fun to reduce them to rubble, but still: where are the people who want to stifle speech and opinion, and who believe that criticizing violent rioters and Black Lives Matter should be punished so severely? Clevenger has been docked about $28,000 for expressing an opinion on Twitter, and sportswriters, who get paid to opine, often cretinously, on the web every day, are cheering. I know defenders of speech and opinion suppression are out there, but they are mute, rationalizing, I think, that they are right but those brutes on Ethics Alarms are too primitive to understand.

At least many of the comments that the posts have spawned are of high quality and extremely thoughtful. This is the second Comment of the Day inspired by them, by Chris Bentley:

I was thinking about a particular topic as I drove home from work today, about why people, mostly people on the left, justify and rationalize the behavior of looters during riots. After reading Jack’s initial post regarding Instapundit, I went to read the linked Reason.com article, and then checked out the comments section. One person, with the screen name Krabapple, made the following comment:

“Yeah sorry I can’t take seriously moderation from a company that allows the hashtag #killallwhitepeople but not this.” Continue reading →

Comment of the Day: “A Daughter Sues Her Parents For Being Assholes. Good.”

/ Jack Marshall / 18 Comments

growth-sequence

Having just returned from an eight-day (and partially laptop-less) speaking tour  that has me about ten posts behind, it was nice to have Steve-O-in-NJ deliver a textbook Comment of the Day, expanding on the original post with relevant and useful observations about photography -obsessed parents and photography ethics.

I do object from an ethical standpoint to his tit-for-tat endorsing last line.

Here is his good and thoughtful work in response to the post, “A Daughter Sues Her Parents For Being Assholes. Good.”

What are the ethics of taking 500 pictures of your child? I wish that I could say that the ethics of taking large numbers of pictures are always the same but they are not. I am in the middle of a two-week vacation and I have been taking a large number of pictures. I see absolutely nothing wrong with shooting a large number of pictures during an air show, particularly where the opportunity to get a particular shot is very limited. I see absolutely nothing wrong with taking a large number of pictures at a place like Colonial Williamsburg, where the actors are deliberately dressed up in costumes designed to attract attention. The same ethics generally applies to any event where there are costumed individuals who are seeking attention. The same ethics probably apply to sporting events. Of course the shooting of inanimate objects like in a museum is perfectly all right, subject to whatever policies the institution puts in place and makes known. Continue reading →

A Daughter Sues Her Parents For Being Assholes. Good.

/ Jack Marshall / 18 Comments

photo

An 18-year-old Austrian woman is suing her parents for continually posting embarrassing childhood photos of her on Facebook without her consent. Since 2009, she alleges, they have willfully humiliated her by constantly posting intimate images from her childhood—about 500 to date. Among them are potty training photos and pictures of her having her diapers changed.

The abused daughter told reporters, “They knew no shame and no limit – and didn’t care whether it was a picture of me sitting on the toilet or lying naked in my cot – every stage was photographed and then made public.” Her parents have  700 Facebook friends.

The technical term for them is “cruel and merciless assholes.”

They have refused to delete the photos, with her father arguing that since he took the photos he has the right to publish them to the world.

Oh, what does the law have to do with this? If the parents had any decency, and sense of fairness, respect and caring, the law wouldn’t have to be involved in any way.  Their daughter feels humiliated, as most of us would be, by having such photos published. There is no ethical principle under which publishing photographs (or videos) of anyone that were taken without consent when the subject objects or one knows or should know that he or should would object can be justified. This controversy, if ethical parents were involved, would be settled with a simple exchange:

Her: “Please don’t put anymore of those photos on Facebook, and take down the ones that are up now. They are embarrassing.”

Them: “OK!”

How hard is that? I know it’s hard for parents to resist posting photos of their adorable infants and toddlers while they are too young to protest, but the protest should be presumed. The Golden Rule rules, and I go further: this is an absolute. Children should not have their lifetime privacy scarred by parents selfishly indulging themselves by treating their children like pets. Children should be able to trust their parents to respect their sensibilities and vulnerabilities, and not to sacrifice them for cheap Facebook “likes.”  Obviously, many of them can’t.

Continue reading →

Ethics Hypothetical: Rules, Compassion, Integrity, Fairness, And A Looming Race Card

/ Jack Marshall / 14 Comments

clock2

[The hypothetical is inspired by two recent events I witnessed in the past week.]

Preface: The state requires new bar admittees to take a one-day course covering the basics of practicing law in the jurisdiction—how the courts work, special procedural rules, unique aspects of local practice, horror stories, the works. They must complete the course or they can’t be certified, and the court-ordered series of lectures and presentations is held only once a month.

A company runs the mandatory curriculum under contract to the state, and is required to confirm in writing to the courts that its requirement have been fulfilled. One key requirement is that every attendee must be present for every minute of the presentations, except for brief emergencies, like using the rest rooms. The course administrators carefully monitor attendance. The published description of the course directs that once the course begins, theoretically at 9 am sharp, no late-comers will be admitted.

As you might imagine, missing the session can be quite a hardship, as participants often live and work in other jurisdictions.

The Event: It is 9:08 am on the day of the program, and the introductory video that begins the orientation is almost finished. It consists of interviews with members of the bar about the benefits of practicing in the state, the importance of ethical practice, etc: to say it is not substantive is an understatement. Literally nothing that is said and shown in the video is anything but boilerplate.

A young man, sweating profusely, bursts in the door, looking unhappy and desperate. “I’m sorry I’m sorry!” he babbles. He says that he had to drive up from a neighboring state and had an accident. “Can I still get in?” he pleads.

The male staffer responsible for the session chats briefly with an associate. The program was late starting, and this late arrival will miss nothing if he goes in now. “All right,” the honcho says as the young man heaves a sigh of relief. “I shouldn’t do this, but you haven’t missed anything.” As he goes into the auditorium, one can here the opening remarks of the first speaker, a judge. It is now 9:12 am, and another young man bursts through the door on a dead run. “My crazy cabbie’s been driving me all over the city for an hour!” he shouts. “I flew in last night from Arizona! Please, please, don’t make me do this again…I barely was able to afford this trip.” The administrator is wondering if he had seen the previous guy go into the auditorium. He’s heard this judge’s spiel many times: all that has been missed, to be honest, are a few (lame) jokes. “All right, all right, get in there quick!” he tells the new supplicant. “I’ll finish your paperwork during the break!” The kid looks like he’s going to cry, he’s so relieved.

I’m there, watching this (I’m on the program) and say to the administrator, “I bet this happens every time.” He says, “It does. I know that nobody misses anything that isn’t in the printed materials until 9:15, so it’s a hard stop after that.”

And another late arrival bursts through the door. It’s a bit after 9:14. The staffer has just told me that the final final deadline is 9:15, and it’s not that yet. This poor guy is bleeding through his pants,  has a big bruise on his face, and is saying something about a bicycle accident. By the time he gets himself settled—he is told that there is no time to clean up—it’s past 9:16. He starts toward the auditorium door as the other staffer says, “OK, that’s IT,” and starts to take the registration materials and lists away….just a very stressed young African-American woman enters, in plenty of time to see the bicycle rider, who is white, enter the auditorium. I can hear the judge through the open door. He’s still telling jokes, longer this time than usual.

Issues and Observations

1. The young woman was not admitted, and told that she had to come back another month. She too was from out of state. She also had a legitimate-sounding excuse.

  • Was that fair to her?
  • Should it have mattered that the program had not yet reached a serious stage?
  • She was told that 15 minutes was the absolute, unwaivable deadline. That was true, but it was not the deadline the company was contracted and pledged to enforce. That deadline was 9:00 am.

2. Should the explanations used by the latecomers play any part in the decision to allow them in? Why? Continue reading →

The Ethical Dilemma Of The Successful, Failing, Local Small Business

/ Jack Marshall / 55 Comments
Now THIS is a gyros sandwich!

Now THIS is a gyros sandwich!

The little restaurant opened the same year my wife and I moved into the neighborhood. It specialized in yummy Greek fare like gyros, souvlaki, and Greek salads, but also made terrific hamburgers, subs and pizzas, and quickly became our reflex fall-back when we were too tired to make dinner or wanted a treat for lunch. The place was a family operation: the tiny, spunky middle aged woman who seemed to run the place—taking the orders, filling bags, taking the payment—had a Greek accent that reminded me of my grandmother and all of my relatives from her generation; her husband, silent, imposing, who was the chef; and over time, the two children, both of whom worked there when they weren’t in school.

The food was consistently delicious, fresh and authentic, but it was also satisfying to see an old-fashioned family business growing and thriving. A restaurant consultant would probably have said it was too old-fashioned, for the menu never changed, the faded prints of the Parthenon and the Aegean coast were the only decorations in the place, and it dealt only in cash. Still, the little Greek lady greeted you with a knowing smile when you walked in the door, and you knew you were going to be treated like a neighbor.

Then suddenly, the family was gone. The couple decided to sell the place and retire, and a long-time employee who had worked in various jobs over the years took the restaurant over. I knew him, of course, and we talked often. He’s a nice guy, determined, ambitious, hard working. He threw himself into the job of making the business boom. Now the restaurant accepts credit cards and delivers, is open on Sundays, has daily specials, and sports a newly-painted and (somewhat) less austere decor. He also jacked up the price on everything.

The new owner’s formula for success worked almost immediately. The restaurant, he told me, has almost doubled its business. The problem is, as my family gradually discovered, is that the entirely non-Greek staff, including the owner,  has no idea what their food is supposed to taste like. You know you’re in trouble when the entire staff mispronounces everything on the menu, (It’s GIR -Os, hard G, not, ugh, “JY-row,” like the name of the goose inventor in Donald Duck comics), but it’s worse than that. The feta cheese in the Greek salads, which are suddenly mostly iceberg lettuce, is scant and low quality. The once-marvelous cheese steak subs are bland; the onion rings are charred, and every now and then a carry-out order includes something inedible, like the freezer-burned veal parmigiana I had a few months ago. The owner was apologetic, but his candid “I thought that meat looked funny when I microwaved it” didn’t inspire confidence. Continue reading →

Stupid Cops Matter

/ Jack Marshall / 72 Comments
Perfect match.

Perfect match.

In a case where Hanlon’s Razor (“Never assume malice is the explanation if stupidity will suffice”) applies but one can’t really blame a mother for thinking otherwise, police in Newark  inexplicably mistook an innocent pre-teen black boy for an adult robbery suspect and chased him through a Newark neighborhood with guns drawn. This is stupidity, not racism. Well, who knows: there could be racism mixed in there too, but what jumps out is the jaw-dropping incompetence.

Legend Preston, just ten years old, was fetching a basketball that had rolled into the street when he looked up and saw armed cops running towards him as if they meant business. So he ran.

“I was scared for my life,” Legend told reporters. “I was thinking that they were going to shoot me.” Good thinking, kid. If these cope were inept enough to get a ten-year-old  confused with Casey Joseph Robinson, a 20-year-old, dreadlocks-sporting perp with facial hair (he was arrested in the next block), who knows what they might do?

Legend was quickly surrounded by neighbors  who emphatically pointed out to the police that they were chasing a child, as the officers stammered that he “fit the description” of the criminal. Well, sort of. Okay, okay, now that we’re up close, we see that he’s under five feet tall, dressed like a kid, doesn’t have dreadlocks or facial hair, and looks nothing like the guy, except that he’s black, which means we also could also mistake him for Bill Cosby, Jesse Jackson, Morgan Freeman, or LeBron James. Continue reading →

Ethics Observations On The Naked Trump Statues

/ Jack Marshall / 22 Comments

Naked Trump

Last week, five identical statues of a grossly caricatured nude Donald Trump  appeared overnight on street corners in San Francisco, Los Angeles, Cleveland, Seattle, and New York City.  The Washington Post reported that the anarchist collective INDECLINE made and placed the statues. It called the  project “The Emperor Has No Balls.” Indeed, the otherwise anatomically correct statues showed the Trump effigy missing those particular features, though not bright yellow pubic hair. If you really want to see these assaults on your consciousness and sanity, go here.

I advise against it.

Ethics Observations: Continue reading →