Year: 2018

Comment Of The Day: “THAT’S The Concept I Was Looking For—’Cultural Vandalism’!”

/ Jack Marshall / 8 Comments

Another perspective on the question  of how the personal and professional misconduct of artists should affect our regard for their art comes from Curmie, a drama teacher, director and blogger who has as deep credentials for this topic as anyone.

Here is his Comment of the Day on the post, THAT’S The Concept I Was Looking For—“Cultural Vandalism”!…

Back in graduate school, I worked as a teaching assistant to a brilliant professor, Ron Willis, in his Introduction to Theatre class. Seitz’s commentary intersects with two of the concepts Ron highlighted in his course. The first of those is what Ron called para-aesthetics: those elements which affect an audience’s reception of an aesthetic event without being the aesthetic event.

These can be entirely coincidental (it’s pouring rain) or created specifically by the production company (the poster). The company many have had some, but not complete, control over the influence (there’s insufficient parking, in part because of another event in the area). The para-aesthetic influence could apply to the entire audience (the leading actor is a big star, the auditorium is freezing) or to an individual (the leading actor is your best friend, the person next to you thinks that showers are for other people, you’ve had a couple glasses of wine before the show).

The fact that a Bill Cosby’s off-camera life has been considerably short of exemplary matters in a para-aesthetic way. But each individual spectator will respond differently to each impulse. That leading actor—my best friend—is someone else’s ex. Facebook tells me that a year and a day ago I saw a play in London with a young movie star in the title role. His presence mattered to me not a bit, but there were dozens if not hundreds of his fans in the house: people who were there specifically to see him. That play was an adaptation of a script I adore and indeed directed a few years ago. The fact that the play as presented bore little if any resemblance to the original bothered me a lot; those who didn’t know the 19th-century version were far more able to accept the 21st-century revision on its own terms. Continue reading →

Sunday Morning Ethics Warm-Up, 5/27/18: On Bullies, Dogs, Signs, Cheats, And The Worst WWII Movie Ever

/ Jack Marshall / 14 Comments

Good morning.

1. BOY, is that a lazy and inaccurate movie! As usual, they are playing every war movie they can dig up on Memorial Day weekend. I just watched the tail end of  “The Battle of the Bulge,” the 1965 Cinerama Hollywood portrayal of the decisive 1944 WWII battle in the Ardennes that reminds me of my dad, buried in Arlington National Cemetery, more than any other war film, and not because it was in that battle that my father earned his Silver Star. No, the film reminds me of Dad because he hated it so much. He regarded it as an insult to the veterans who fought the battle, and  a cretinous distortion of history in every way. His name for the movie was “How Henry Fonda Won the Second World War.”

The most striking of the endless misrepresentations in the movie is the absence of snow. The battle’s major feature was that it was fought in freezing, winter conditions, on snow covered terrain sometimes up to two feet deep. Some battle scenes are shown being fought on flat and bare plain, about as distinct from the mountainous, thickly forested territory where the actual battle took place as one could imagine. My father also started complaining during the film, loudly, about the use of modern American tanks to portray the German Tiger tanks.

Former President (and, of course, former Allied Commander) Eisenhower came out of retirement to hold a press conference to denouncing “The Battle of the Bulge” for  its gross  inaccuracies. THAT made my father happy.

2. Funny! But…no, it’s just funny. Scott Campbell, the owner of the Pell City Fitness gym in Pell City, Alabama,  put up a sign that says “tired of being fat and ugly? Just be ugly!” City officials told him to take down the sign or be fined, saying it is too big and needs a permit, but other business owners told the local news media that they have never heard of the ordinance the city is citing being enforced. The suspicion is that Campbell is being singled out because some have complained that the sign is “insensitive.” No, it’s just funny…

This is the ethical problem with excessively restrictive laws, rules and regulations that are not consistently enforced. Prosecution can be used for ideological and partisan discrimination. Not only is the sign benign, it is not even original: that same language is on fitness company ads all over the country. So far, it looks like the community is supporting Pell and that the city will back down, but this is Alabama. Call me pessimistic, but I doubt the sign would be allowed to stand for long in Washington State or California if an ordinance could be found to justify pulling it down.

The First Amendment dies in increments. Continue reading →

Saturday Afternoon Ethics Stimulus, 5/26/2018: The Sad Part Is That None Of This Is A Surprise

/ Jack Marshall / 18 Comments

Happy Memorial Day Weekend!

1.  From the “Bias makes you UNBELIEVABLY stupid, especially, apparently, if you’re a journalist” files: Ann Althouse posted this screen shot of memeorandum, an excellent  news aggregator page:

I wrote earlier about how many of the anti-Trump mob, in the news media and out of it, appeared to be actively rooting for the President’s diplomatic efforts with North Korea to fail, and how his Negotiation 101 move of symbolically walking away from the planned summit would probably be misunderstood and misinterpreted because of the current toxic combination of bias and ignorance, but this is ridiculous. Writes Althouse—who despite multiple polite requests refuses to put Ethics Alarms in her links despite its covering a lot of parallel territory, despite the many frivolous or largely inactive blogs she does link to, and despite the multiple plugs and links I give her, but hey, I’m not bitter— Continue reading →

Unethical (And Stupid) Quote Of The Month: Harvey Weinstein Defense Attorney Benjamin Brafman

/ Jack Marshall / 7 Comments

“Mr. Weinstein did not invent the casting couch in Hollywood”

—–Benjamin Brafman, Harvey Weinstein’s defense counsel, as Weinstein surrendered to authorities yesterday in Manhattan.

The whole quote, as Brafman addressed reporters:  “My job is not to defend behavior. My job is to defend something that is criminal behavior. Mr. Weinstein did not invent the casting couch in Hollywood. To the extent that there’s bad behavior in that industry, that is not what this is about. Bad behavior is not on trial in this case.”

Good luck with this boob, Harvey. To begin with, his job isn’t to defend any kind of behavior; his job is to defend his client.  The way the English language works is that “defending” criminal behavior means arguing that criminal behavior is just fine, thank you. Defending against charges of criminal behavior, in contrast, means that a lawyer is making a case that there was none. If a lawyer can’t speak with more care and precision than this, when addressing reporters he shouldn’t say anything at all.. He essentially just admitted that his client committed criminal behavior and bad behavior, while also leaving doubt as to whether he understood that criminal behavior was also bad.

That’s just the stupid and incompetent part of the statement. The stupid and unethical part, the Unethical Quote of the Month, is an invitation to play, “Name that rationalization!” What difference does it make whether or not Harvey invented the practice of using power over young women’s careers and aspiration to extort them into being their sex toys? Have you ever heard of a defense attorney arguing to jury, “Come on! My client didn’t invent serial killing! What’s everyone so upset about?”  This is a blatant “Everybody does it” excuse, and an especially offensive one. Weinstein’s lawyer just made his first impression on te public—you never get a second chance to make one, you know—and he presented himself as a man who shrugs off coerced sexual submissiveness in the workplace as just one of those quirky Tinseltown traditions. Continue reading →

THAT’S The Concept I Was Looking For—“Cultural Vandalism”!

/ Jack Marshall / 19 Comments

Does he still seem like God to you?

“Cultural vandalism”!

Perfect! That’s the ideal description of what artists, especially performing artists, do when they engage in such revolting conduct that it becomes difficult or impossible for us to enjoy their work the way we could before we knew they were disgusting human beings.

We owe Vulture writer a debt of gratitude, not only for identifying the conduct as cultural vandalism (a term usually reserved for acts like stealing the Elgin Marbles), but also for explaining, in his article The Cultural Vandalism of Jeffrey Tambor, clearly and powerfully, why it is a serious ethical breach beyond the misconduct itself.

He writes in part,

Once I know something like this, it makes it impossible for me to look at the actor and not think of the horrible things they’ve allegedly done. I don’t care to argue whether this is rational or not (I think it is), or whether I hold inconsistent opinions of works that are problematic for whatever reason (everyone does). The repulsed feeling is still there, and it makes a difference in how I react as a spectator…This sort of thing seems categorically different from, say, watching a film starring an actor whose political beliefs are different from yours (though there, too, a line could be irrevocably crossed). Once you believe that a particular actor or filmmaker or screenwriter is a predator or abuser, you’re aware that the environment that produced your entertainment — the film set — was engaged in a conscious or reflexive cover-up, in the name of protecting an investment. You can still be passionately interested in the thing as a historical or aesthetic document — seeing it through the eyes of, say, an art historian who can contextualize Paul Gauguin within the totality of 19th-century painting, or an African-American studies professor who’s fascinated by Gone With the Wind — but you can’t lose yourself in it anymore. You can’t be in love with it. You can’t really enjoy it in the most basic sense, not without playing dumb.

You didn’t do that to the artist. The artist did that to himself…

And it’s awful. People’s lives get ruined, their careers get interrupted or destroyed. The emotional, physical, and financial damage that problematic artists inflict on people in their orbit should always be the first and main subject of discussion…On top of all that, we also have the collateral damage of cultural vandalism. Fun, meaningful, even great works that dozens or hundreds of people labored over, that built careers and fortunes and whole industries, become emotionally contaminated to the point where you can’t watch them anymore…. in recent years, an entire wing of African-American cultural history has been vaporized by the Bill Cosby allegations and his recent felony sexual-assault trial, including the most popular sitcom of the ’80s (The Cosby Show), some of the top-selling comedy albums of all time, the precursor to the R-rated buddy comedy genre (Uptown Saturday Night and its sequels), and the first Saturday morning cartoon with a predominantly black cast (Fat Albert and the Cosby Kids). Predators’ careers are getting raptured, as well they should be. But unfortunately — perhaps inevitably — their work is getting raptured along with it, imploding into dust as the culture moves on to things that aren’t as problematic (or that might have skeezy stuff going on behind the scenes that we don’t know about yet)….

…Nobody is stopping anyone from watching these works (though they’re no longer as easy to find, and you probably have to own a DVD player). We can still talk about them, study them, write about them, contextualize them. But the emotional connection has been severed. The work becomes archival. It loses its present-tense potency, something that significant or great works have always had the privilege of claiming in the past.

That’s all on the predators. It’s not on you. None of us asked for this.

Continue reading →

Morning Ethics Warm-Up, 5/25/2018: What Do Kellyann’s Husband And The NFL Kneelers Have In Common? [Updated]

/ Jack Marshall / 51 Comments

Morning in my home town, Arlington Massachusetts (where they seem to have found another body in Spy Pond….)

Good Morning!

1. George Conway is unethical. It’s really as simple as that. Kellyanne Conway’s husband George, a lawyer, has decided to take advantage of his wife’s notoriety to grab unearned influence and fame for himself. He has become a regular twitter critic of the President, routinely blasting the Administration through mostly re-tweeted commentary from other sources. This, of course, makes the Trumpophobes ecstatic, embarrasses his wife, and gives George 15 hitch-hiked minutes of fame.

Let me count the ways this is wrong:

  • He’s not contributing anything valuable to the public debate, just bolstering his wife’s enemies.  Social media-users who can’t muster their own arguments and who only appeal to authority should not be taken seriously, and if George wasn’t undermining his wife, he wouldn’t be.
  • Who he is married to is the only reason anyone pays any attention to his tweeting. Surely he knows this. Surely he knows that the result is his wife’s embarrassment, and that he he is actively working against her. This is not a James Carville-Mary Matalin act, where both spouses are independently regarded as powerful political consultants. This is spousal sabotage.
  • He’s risking his wife’s career for his own aggrandizement. I’ll say this for Trump: he’s more forgiving than I would be. I would give Kellyanne an ultimatum: get your husband to stop undermining us, dump him, or quit. This is analogous to the crazy estranged husband who keeps coming to his wife’s place of business to harass her. The employer’s completely justified message: “We can’t have this. It’s your problem; fix it, or we will.”

2.  ‘We don’t care: he’s a racist whatever he does.’ President Trump announced his long-rumored pardon of black heavyweight champion Jack Johnson yesterday. (The Times has an interesting feature about Johnson’s travails here.) Praising the President for this long over-due exoneration, an NAACP spokesman said…nah, I’m kidding, the civil rights organization didn’t say anything. However, the Congressional Black Caucus, which had urged President Obama to finally right this decades-long wrong, said…no, they had nothing to say either.  [ Correction: Originally I wrote here that John McCain, who sponsored a resolution asking for Obama to pardon Johnson,, did not signal praise for the pardon. He did, and I apologize to the Senator for the error. Thanks to Dan Abrams for the information.]

There is no reasonable argument against pardoning Johnson, and there never has been. Apparently Obama was hesitant–but then he was always hesitant—this time because Johnson had a reputation for domestic abuse. Thus I presume that the female contingent in the White House pulling Barack’s strings—Valerie and Michelle—along with the all-important advocates for the Democratic Party’s feminist base wouldn’t let him do it. Obama, a lawyer, or so I hear, must have realized that Johnson’s racist persecution by the government for being a  famous and defiant black man who openly had white female companionship had absolutely nothing to do with domestic abuse, and that misconduct a controversial figure may or may not have engaged in unrelated to an unjust criminal conviction shouldn’t play any part in a pardon assessment.

That Barack. So principled. So courageous…

3. I like David French, but...his recent op-ed for the Times attacking the NFL’s ruling on National Anthem protests going forward—if a player won’t stand respectfully, the he must stay off the field, in the locker room—is ethically obtuse. French’s point is that conservatives should champion free speech at a time when the Left is trying to suppress it. That’s a good point, and I agree wholeheartedly, but it has nothing to do with the NFL’s kneelers. I suspect that French wanted to make this argument, and negligently grabbed at the NFL policy as his chance to make it.

He writes in part, Continue reading →

From The Ethics Alarms “I Don’t Understand This Story At ALL” Files, Georgia’s Dancing Doctor Fick

/ Jack Marshall / 19 Comments

YouTube is stuffed with videos like the one above, posted by Dr. Fick, aka Dr. Windell Boutte, a Georgia dermatologist who poses as a plastic surgeon and who has rafts of malpractice suits pending against her. Though she claims otherwise on her website, she is a board-certified dermatologist, but not certified as a plastic surgeon or general surgeon.

However, in the Peach Tree State, every licensed physician is allowed  to perform operations, even if they are not a board-certified. They are not supposed to be dancing while they do, however. Well, this is implicit. Apparently it isn’t made clear enough, at least for this doctor. Boutte posts videos of herself dancing during surgery, like the one above. There are many more.

Thus she is a fick, the first medical variety I have encountered. A fick is someone who is openly, shamelessly, even gleefully unethical. The fact that this hyper-narcissist films herself doing choreography and mugging for the camera while the only thing on her mind should be her patient’s care demonstrates that she is wildly unethical, reckless, irresponsible and unprofessional, and this would be the case if her record for safety was squeaky clean. It isn’t. At least seven malpractice lawsuits against Boutte include claims that she used unqualified staff during procedures that left former patients disfigured. Two additional lawsuit settlements are listed on the state licensing website. And then there is the dancing around unconscious, exposed, patients while performing renditions of popular songs, such as “Bad and Boujee,” “Building up Fat in the Booty” and “Gut Don’t Live Here Anymore, while her staff act like the back-up singers.

(I can’t believe I’m writing this.) Continue reading →

KABOOM! Harvard’s Class Of 2003’s Reunion Attack On Jared Kushner

/ Jack Marshall / 29 Comments

I was going to write about this depressing and disgusting episode from the anti-Trump derangement parade yesterday, but I thought I could keep my head from exploding if I waited a bit. No such luck.

As some of you know, I come from a Harvard family. My Dad went there on the GI Bill; my mother was working as the Dean’s secretary when she and my Dad met. I attended the College, and so did my sister. Long after we had left, my mother was still working in the administration, ultimately as Asst. Dean of Housing. I was raised about 15 minutes from Harvard Square. I ushered at the football games when I was in high school. Many of my best and oldest friends are Harvard grads; I loved the place. It was a terrific place to go to school. This story, however, makes me deeply ashamed, and demonstrates, not for the first time in recent decades, how poorly the university’s leadership has upheld the core values of America’s oldest institution of learning, opting instead for partisan politics and divisiveness.

Since the 19th century, Harvard has invited alumni in reunion years—that is, ever five years—to write personal updates about their lives, and have it published free of charge by the University and mailed to all class members.The crimson covered paperback is called the Red Book. I have read more of them than I can count, between my father and myself. Here’s one of my father’s:

Continue reading →

The News Media-“Resistance” Alliance On Ugly Display In The “Spygate” Spin

/ Jack Marshall / 72 Comments

The revelation that there was a mole, Stefan Halper, planted in his campaign by the FBI, prompted President Donald Trump to demand an investigation into whether the FBI or Justice Department infiltrated his campaign for political purposes.  The “resistance” and the mainstream news media have been in panic mode ever since, and have been actively bad at it. Heaven forbid that journalists could admit that when they mocked the President for suggesting that his campaign was surveilled, they were wrong and he was right.

Scott Adams neatly exposed the hypocrisy and dishonesty, tweeting,

“Four things to understand about SPYGATE: 1) There was no spy in the Trump campaign. 2) The spying that did NOT happen was totally justified. 3) It would be bad for national security to identify the spy who doesn’t exist. 4) His name is Stefan.”

Ann Althouse deserves applause for her analysis as well:

James Clapper was on “The View” yesterday and it went like this:

BEHAR: “So I ask you, was the FBI spying on Trump’s campaign?”

CLAPPER: “No, they were not. They were spying on, a term I don’t particularly like, but on what the Russians were doing. Trying to understand were the Russians infiltrating, trying to gain access, trying to gain leverage or influence which is what they do.”

BEHAR: “Well, why doesn’t [Trump] like that? He should be happy.”

CLAPPER: “He should be.”

Well, Trump seems happy that the word “spying” slipped out of Clapper as he was talking about what the FBI was doing. Clapper obviously knew he slipped, since he immediately tried to (subtly) erase it.

Trump displayed his happiness by tweeting: “‘Trump should be happy that the FBI was SPYING on his campaign’ No, James Clapper, I am not happy. Spying on a campaign would be illegal, and a scandal to boot!” And, talking to reporters: “I mean if you look at Clapper … he sort of admitted that they had spies in the campaign yesterday inadvertently. I hope it’s not true, but it looks like it is.”

Then Ann dissected CNN toady Chris Cillizza’s embarrassing attempt to cover for Trump foe Clapper—which, you know, is not the job of a real journalist, only that of a biased hack: Continue reading →

Morning Ethics Warm-Up, 5/24/2018: ‘Can’t We All Get Along? Nah…’ Edition

/ Jack Marshall / 21 Comments

Good morning!

1. What? Negotiation competence? Boy, we haven’t seen THAT for a while. President Trump just pulled out of the scheduled summit with North Korea, a public lesson in Negotiation 101. If only Barack Obama had taken the Art of the Deal seminar before capitulating to Cuba and Iran. the letter the current elected President just sent to North Korea could not be more obvious in its devices, but I guarantee you that my negotiations professor at law school, Dean Adrian Fisher, one of the negotiators of the SALT treaty, would have approved. Here’s the letter, released this morning.

This is another ethics test, by the way. Take note of who criticizes the President for this, for they  will be revealing themselves as either reflex-Trrump haters or the kind of people used car dealers love to see walking in the door.

2. “A Nation of Assholes” update. It is now beyond dispute that the concept was right but that I badly misjudged the population that I thought would be primarily affected. My theory in the 2015 essay was that that having an ethics-challenged boor like Donald Trump as President would degrade the ethical standards of the public through the “rotting fish head” process: people follow the leader. Well, that has happened too, but the worst asshole transformation has beset progressives and “the resistance.,” as their behavior gets worse by the hour. Continue reading →