The Insider Group Assignment

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EXCEPTIONALLY WELL DONE, TEAM TEN. 

COMPREHENSIVE, IN-DEPTH, INSIGHTFUL.

 

 

 

  1. Application of principles and concepts of secrecy in an analysis of The Insider

It is a fact that the media is always at work striving to access information of great interest to share to the viewers. This is the case being featured in the 60 Minuteswhereby Jeffry Wigand hosts Mike Wallace, Lowell Bergman, Don Hewitt, and The Wall Street Journal editor. According to Jeffrey Wigand who was a Brown and Williams Cigarette (BWC) Company and the whistleblower claims that the information he shared with the media should have been aired immediately (Hopt, 2013). On the other hand, media defends itself claiming that the information shared did not take into consideration principles and values of concealment and revelation of information. Jeffrey Wigand was under a non-disclosure law and because he told the truth to the open public, Brown and Williamson had the upper hand and CBS did not consider the consequences of what would happen had they aired the interview. Thus, the media felt that sharing the information would lead to a serious legal matter against CBS.

From the manner in which the case was handled, the principles and values of concealment and revelation were applied in different ways. Wigand, under an agreement, was not supposed to share any information about the company, especially information that could tarnish the company. What Wigand shared was sensitive and dangerous to B&W because I revealed how the cigarettes manufactured by the company had excess amounts of nicotine and harmful chemicals. Meaning that Wigand revealed information that should have been concealed as per the agreement signed (Hopt, 2013).

Once Lowell Bergman of CBS discovered Wigand’s past, he realized that he was in a bind and that there would be trouble to convincingly portraying their information to the public. An argument arose of why Wigand’s personal life from the past was of any importance and that is where telling the truth takes place. Since Wigand never told Bergman of his past history, Bergman explained to him how the media would tear up any part of a life to find a lie. Once a lie is told, credibility falters and that nobody would ever believe a word that is said anymore. This is an example of how even the truth can harm one’s image if not told. If the source is not completely honest and holds something from the journalist, credibility can be lost.

According to Dr. Bleven’s lecture of secrecy, a company which has designed and entered into an agreement with its employees and other stakeholders has the right to sue any individual that violates the terms of the agreement. The reason being, is that such companies have the right to protect their intellectual properties by making sure that employees and other stakeholders that get to know the information do not use it for personal gains or share the information with another interested party, much like how Wigand was pushed by media personalities who were interested with the case to share the information.

Once information goes public, media cannot be sued by a company because as it was not the original source of information, the media has proved to have applied the application of values and principles of concealment and revelation of company secrets. If caught in a lie, credibility dissolves along with the career. The Insidertruly portrays

this message that both truth and dishonesty can harm the reputation of an individual and a large corporation.

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2. The NDA agreement caused many obstacles to appear for CBS when it came to airing the 60-Minute interview that Wigand did with them. B&W did absolutely everything in their power to keep the public from knowing about the health effects of their products. Based on several employment-related nondisclosure agreements signed by Wigand, Brown & Williamson, a Kentucky state court was persuaded to enter a temporary restraining order prohibiting Wigand from disclosing anything he had learned during his employment at Brown & Williamson without the company’s consent. CBS Corporation’s motives for not airing the interview, despite its potential impact, were to not risk a lawsuit from Brown & Williamson that could disrupt a pending merger with Westinghouse. Brown & Williamson launched a fierce counter-attack in response to Wigand’s activities. It reportedly hired someone to scrutinize Wigand’s past and private life and mounted a multi-million-dollar campaign to destroy Wigand by disseminating damaging charges against him. Brown & Williamson also used litigation as a critical component of its strategy to silence Wigand. Based on several confidentiality agreements signed by Wigand, Brown & Williamson sued him from testifying in various state suits and to collect damages based on other disclosures. It seems evident that large corporations tend to ignore the adverse effects of their actions in favor of profit. Too often today, media is spoon fed by corporations. The press has a responsibility to objectivity that can be important in keeping businesses honest. However, it is really up to media to maintain that objectivity. If the government employees had to sign NDA’s then they would be covering up serious wrongdoings. For example, there are claims to be said that Omarosa signed a non-disclosure agreement in 2016 when she joined the campaign. Lawyers also have to sign NDA’s when they are working for intelligence officers in the military.

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3. From untrue allegations that were put against Jeffrey Wigand by John Scanlon and Terry Lenzner, the integrity of B&W was exposed. The tactic used of public slandering Mr. Wigand, in order to divert away from the public’s focus from the scandalous and immorality that B&W practiced made it clear that the investigators were hired to completely ruin Wigand. Past what was published in the newspapers and news channels (the media/mediums used), Scanlon and Lenzner double as a medium. These men were not only the face representing the company they also channeled the inside of B&W. As willing and eager as Scanlon and Lenzner were to diminish Wigand, by the publish allegations and the “dense” report to The Wall Street Journal that made the reporters, “immediately suspect”. The actions of consciously damaging an individual without any hesitation in order for the company to continue thriving, symbolize as an extension of the company. Just as B&W knew of the fatal harm of the chemicals in its products as they were still able to make a mass profit the company went ahead, damaging people which were also done with Wigand. Similarly, Jack Palladino also is an extension of Wigand and his need to expose the truth. To save Mr. Wigand’s reputation, Palladino managed to meet up with the reporter Suein Hwang to go over the 500-page dossier that potentially could have sunk down Wigand. However, the difference with Scanlon/Lenzner and Palladino is that the team for B&W was trying to make up an environment (with the media used), of Wigand being the “bad guy”. Meanwhile, Palladino was trying to disturb the environment that B&W was trying to make by publishing testimonies/interviews. Had this war over Wigand’s reputation occurred in 2018 things would have been different regarding media as instead of newspapers/news channels, the battle would have mainly played out through social media. That difference of media might have brought a completely different turn out to the situation, as the public would have been able to instantly see what was being said of Wigand, by instantly seeing those allegations, Wigand’s reputation could have been tarnished.

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4. In the movie The Insider, a conference is held by a variety of characters some of which includes journalist Bergman, Wallace, Hewitt, and CBS general counsel Caperelli. Although there are several rhetorical devices present in the arguments made, there seem to be two distinct audiences. Bergman, Wallace, and Hewitt whom are all fighting in favor of Wigand symbolize the power of the people and heavily rely on ethics for their argument. By bringing up the fact that the media is constantly receiving the information they aren’t supposed to yet verify and leak it builds credibility and reveals a motive for the greater good of society. However, Caperelli has a completely different perspective since she argues through a political standpoint. Rather than thinking about “is this man doing/saying the right thing?”, she looks at the law above ethics. Therefore, this creates a juxtaposition where one party is looking at the proper thing to do whereas the other is considering what the law allows. Caperelli acknowledges not only the laws that are involved with the case, but she also utilizes logical arguments to expose the dire conflicts that come with breaking these laws. For instance, since tortious interference is present, the information Wigand plans to expose technically belongs to the tobacco company. By revealing this information on air with CBS broadcasting it, she uncovers the possibility of a lawsuit and the tobacco company owning CBS. Even though both sides provide persuading cases, the arguments completely differ since it is ethos versus logos and it is also concerning morals versus the law. Politically speaking, Caperelli had a more compelling argument by using laws to her advantage. However, morally, the journalists have the stronger argument by pointing out that Wigand is doing the right thing and that the media has always exposed things they aren’t supposed to, even if it does go against the law.

 

References

 

Hopt, K. J. (2013). Conflict of interest, secrecy and insider information of directors, A comparative analysis. European Company and Financial Law Review, 10(2), 167-193.

 

“Nondisclosure Agreements Are Rare in Government. Here’s Why.” PBS, Public Broadcasting Service, 14 Aug. 2018, www.pbs.org/newshour/show/nondisclosure-agreements-are-rare-in-government-heres-why.

 

Brenner, Marie. “Jeffrey Wigand and Big Tobacco.” The Hive, Vanity Fair, 24 Apr. 2018, www.vanityfair.com/news/1996/05/jeffrey-wigand-big-tobacco.

 

 

Group 10

John Bukowski – I & reference

Danna Gleizer – III, reference, editor, images, group list.

Helem Lorenzo – IV

Rudolph Pierre – II & reference

Laila Shoukry – I & reference

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thesis for final essay

Although it sounds a bit hard and strict but those who disobey the plastic ban law risk a fine. This law helps spreading awareness over the global news, social media and within people to help save and clean the environment from all polluted material made of plastic as this subject our own benefits regarding our own planet.

GREAT THESIS. SEE HOW I EDITED IT BELOW. I APPROVE. SCOTT KASS

DO YOU MEAN ALL PLASTIC? or JUST PLASTIC STRAWS? or WHAT? Is there really a ban on ALL PLASTIC?

Although it sounds a bit hard and strict, those who disobey the plastic ban risk a fine. Global news and social media are playing a very important role in spreading awareness of the need to save our planet of all plastic materials polluting our environment.

(do you mean all plastic, or just plastic straws?)

Thesis

team 10 6118472

Recently, the government of India had decided to alter their laws and legalize gay sex. However, the government had not yet passed any laws on the legalization of gay marriages.

GOOD, BUT YOU NEED TO TAKE A POSITION. YOU HAVE TO PERSUADE ME OF AN IDEA. YOU HAVE TO SELL ME ON SOMETHING. YOU HAVE TO INCLUDE A “TWIST” THAT CAN BE DEBATABLE. FOR EXAMPLES,

Recently, the government of India decided to alter its laws and legalize gay sex. However, the government has not yet legalized gay marriage. It is hope that social media can play a role in legalizing such marriage.

OR

It is doubtful that Indian media and social media can have much effect in legalizing gay marriage.

or something like that.

or

It is  highly unlikely that the Indian government will ever legalize marriage because of __________________ and ______________________. (name a couple or three reasons why Indian will not do it)

Final Essay Thesis

EXCELLENT THESIS. I APPROVE AND LOOK FORWARD

TO YOUR ESSAY.

I OFFER A SLIGHTLY EDITED VERSION BELOW, IN BLUE.

SK

 

Through an “exposing” letter written by Archbishop Carlo Maria Viganò and the Italian reporter Marco Tosatti, Pope Francis was accused of knowing and covering up the sexual abuse by Cardinal Theodore McCarrick. Having this accusation published only after the Cardinal resigned, indicates a politically influenced rather than a benevolent like nature behind the allegations; especially with the acknowledged differences in ideologies between Pope Francis and Archbishop Viganò. This indication was widespread with experts and journalists weighing in on the matter through publishings and articles, such as, “The Man Who Took On Pope Francis: The Story Behind the Viganò Letter”, by The New York Times writer, Jason Horowitz.

Archbishop Carlo Maria Vigano and the Italian reporter Marco Tostatti wrote a letter exposing Pope Francis of knowing and covering up sexual abuse by Cardinal Theodore McCarrick. Having this accusation published only after the Cardinal resigned indicates that it was politically influenced rather than benevolent, especially with the acknowledged differences in ideologies between Pope Francis and Archbishop Vigano. This indication was widespread, with experts and journalists weighing in on the matter (for example, New York Times reporter Jason Horowitz’s “The Man Who Took on Pope Francis: The Story Behind the Vigano Letter.”)

Thesis Statement

GREAT THESIS. I APPROVE AND LOOK FORWARD TO YOUR ESSAY.

SCOTT KASS

 

Rudolph Pierre

Team 10

Having access to ammunition has become very easy to do in the 21st century. There have been multiple school shootings happening within this year by people between the ages of 16-25. Being able to create ammo yourselves will become much more problematic for society. Individuals would worry about massacres being committed, the threat of big government intrusions, regulatory barriers, market shortages or price hikes that might limit access to essential supplies like lead or gunpowder. Media sites like YouTube and Bing worry about the consequences of D.I.Y (Do it yourself), which has caused them to ban it on their websites.

 

48 Hour Blackout John Bukowski

John, a good, strong, straightforward narrative. Good connections

between ideas.

 

In “The End of Solitude,” Deresiewicz discusses how the need for solitude is almost non-existent. A good portion of the article talks about how people today, especially the younger ones, are constantly making an effort to grow a large following on Facebook, Instagram, Twitter, and YouTube. He argues that today, the focus is to be famous and get people to see who you are and what you do. This is beginning to change the way people interact in the real world. Conversation has moved in large quantities to these social media platforms rather than face to face confrontation. There is beginning to be a lack of people skills in today’s society. Personally, I do not see myself falling entirely under that category. I’ve never truly enjoyed attention and always let my actions do the talking for me. I grew up with a love for the outdoors, especially the ocean and recently I took up kayak fishing which is a world of fishing entirely in solitude. I am the captain and I am the navigator. It is me, myself, and I with no one else. I love just being out there and embracing the sounds and sites, but this 48 hour blackout project even then was a test and proved me wrong.

For two days, television, radio, and my cell phone were ripped from my grasp and honestly it was difficult. I decided to kayak fish this entire weekend to try and pass time because a full day of kayak fishing usually results in me passing out asleep for the rest of the day. I hoped that would kill the time. I found myself looking for my phone a lot mainly because the only person I really talk to on my phone was my girlfriend. I enjoy sports, and it was really difficult not knowing scores of games for my favorite teams. I believe the most difficult part of this entire project was the fact that when I went fishing I caught possibly the biggest fish I’ve ever caught from my kayak and I had absolutely no way of proving it. I couldn’t post on Instagram or Facebook about it. I could only hope people believed me. This was only day one. On day two I decided to go out and fish the exact same spot, but the world of solitude kept me from seeing the weather for that day. Scattered thunderstorms and high winds kept me off the water and forced me to have an entire day at home to myself. I decided to show up at my girlfriend’s house and go to the park. It is clear that I cannot go to long without knowing current events. Much of what I do in my daily life requires me to see the news, weather, and sports. I was wrong in believing I would have no problem with this, but I still stand by my initial statement that I am one of the few people my age that can go a few hours in the day in solitude away from society because of my passion for the outdoors.

48 Hour Blackout

DANNA GLEIZER

TEAM 10

 

Danna, Good ideas and good organization.

I especially like the blue statements below.

There is a lot of extraneous wording. I tried to make it concise by editing out some of that wording.

Being in the darkness, the blackout…was surprisingly a complete and udder utter sense of reality. The experience of it all demonstrated that we as individuals know nothing… and, that we merely rely. We rely on others, on our smartphones. we just rely. Our lives are spent relying, It’s simply just what is natural to us nowat this day and age. Just as William As Deresiewicz stated, in “The End of Solitude”. This is what the contemporary self is like, it wants to be recognized and connected. In order to be recognized, one relies on others to acknowledge them and in order to be connected, one relies on their smartphone. The contemporary culture truly revolves around status (celebrity status) and connectivity. The reason being as to why I can comfortably state that is, because not only was it stated in the article but it is visibly seen on social media with the endless hours people are spending (such as the case of the teenager that sent over 3,000 text messages in a month to not be alone) and even personally recognized, I partake in this culture, for example, by my valuing of “likes”, “followers”, and etc. 

As I could not just be on my phone constantly, to my family’s surprise, I started interacting more. It was only then when that I realized just how important news is to people., as I had to frequently remind family members not to spill out anything that could count as news. That constant interaction led me to see for myself just how prevalent news is. It qualifies from gaining knowledge to increases our knowledge and provides us with social interactions.It  is quite literally everywhere. Most frequently, news is not even seen as “news”.People think of news as a “given”. It is not recognized that Life would not be quite as smooth without it. People wouldn’t know about events unless they witnessed them their selves themselves. They wouldn’t know the weather.and even the weather! The availability of all that we know is truly taken for granted.

I experienced a lot of mixed feelings during those 48 hours. Part of me experienced many of the aspects described by Deresiewicz. I began to feel that there truly is no need to be constantly fed information; not being the first to know about a thing or a situation will not automatically label me as “living under a rock”. Being “alone” or in solitude is not wrong or “sad”. I did, however, feel anxious at times. Initially, with I believed that I would not be able to actually properly complete the blackout. However, after going against my urges and completing the isolation, I can now see and understand, just how solitude is a part of life that culture has integrated into not only myself but the majority of others to fear and deeply avoid. The anxiousness and fears I previously felt to this assignment were merely feelings of a societal created expectation, which in my opinion, matches up to the unrealistic standards of a utopia. The fear of solitude is useless. Growth is experienced in isolation and solitude… Without over-exaggerating, this 48-hour blackout became a life learning assignment.