Author: Jack Marshall

Morning Ethics Warm-Up, 11/17/2017: Groping And Griping [Updated]

/ Jack Marshall / 41 Comments

GOOOOOOD  Morning!

1 Well THAT took an excruciatingly long time! Ethics Alarms finally reached its high water mark in followers this week, and has held the line for a change. Traffic has been disappointing in 2017; this will be the first year in which visits have fallen from the previous one. I blame the anomalous lack of any viral posts, which usually number two or three a year, (and are completely unpredictable), and the Trump-and-Hillary-driven polarization of the web. I have seen a significant net drop in followers every time Ethics Alarms unequivocally criticizes one “side” over the other, no matter how richly the ethics criticism is deserved.

People really do prefer echo chambers. It’s dispiriting.

Update: Right after I posted this, EA lost a follower.

2. Speaking of echo chambers..It is incredible how quickly the Democrats and progressives on Facebook  started defending Sen. Al Franken in the exact same terms, excuses, rationalizations and fallacies used all week by Roy Moore’s unprincipled defenders. The timing is suspicious…it’s only one time…this is politically motivated…we need his vote regardless…I believe him, not her…it was a long time ago…why did she wait so long?…he wasn’t in politics then…What about Trump?...everybody does it. In many cases they  mocked virtually the exact same statements by Republicans spinning for Moore that they are now making themselves.

Those who aren’t quite so hypocritical nonetheless praise Franken’s deceitful and manipulative apology. I guess Al’s supporters and journalists are exactly as dumb as he’s betting they are. The news media has also swallowed that apology whole. If they would just read Ethics Alarms, they wouldn’t embarrass themselves. Well, not so much and so often anyway.

(I’m sorry. The traffic stuff is getting to me…)

3. Read this, and get a surprise! Here’s an interesting website: Your Morals. Org. It has a list of studies you can participate in online—there’s a registration process that isn’t too time consuming— that gather data while purporting to measure your values, political leanings, tolerance for opposing views, and “morality.” I took the political orientation and attitudes survey.

I scored almost exactly in the center, leaning juuust a smidge…Democrat!

4.  NOW they tell us! I’m sorry, but I don’t care to hear Democratic politicians say  that Bill Clinton should have resigned during the Lewinsky scandal. Senator Gillibrand, who brought “Mattress Girl” to the State of the Union, has the immense gall to say that, 20 years after the  issue became moot. Of course he should have resigned. He lied under oath, lied to the American people, directly, calculatedly and intentionally, and obstructed the investigation, legally and illegally. But Democrats and feminists threw their principles into a big bonfire for political expediency, and it is a cheap, transparent and nauseating tactic to reverse themselves after all the damage Clinton’s pass for his “personal conduct” —I remember all the doges and rationalizations–did to the culture.

Paul Mirengoff,  a prominent Maryland-based lawyer who handles labor and employment-law cases, does an excellent job debunking a current Democratic talking point being used to explain why the party’s disgraceful posturing and enabling for Clinton was the result of sexual harassment “not being taken as seriously as it is today.”  He concludes,

Given the history I’ve just described, the argument that feminists and Democrats shrugged off claims of sexual misconduct against Clinton because of “the times” is unsustainable. The argument that, if Bill Clinton were president today, feminists and Democrats would believe Clinton’s accuser, or even just treat them with a modicum of respect, is unpersuasive.

The claims against Clinton were brought at a time of intense consciousness of the problem of sexual harassment. If anything, that consciousness subsided after Clinton’s presidency, thanks to the unwillingness of feminists and liberals to take his sexual misconduct seriously.

That unwillingness cannot be defended on the theory that times were different.

An aside: I saw that Move-On.Org has called for Franken to resign. Hilarious. The organization was created to argue that the nations should “move on” from the Clinton-Lewinsky scandal and let Bill off the hook. I invoke the Ethics Alarms principle of Ethical Estoppel. This group, of all groups, may not argue that any politician should resign after allegation of sexual misconduct. Ever.
 Continue reading →

Unethical Quote Of The Month: Toni Van Pelt, President Of The National Organization for Women

/ Jack Marshall / 63 Comments

And while I’m on the subject, to hell with you and your hate group too, Wonder Woman…

“We could ask all of the men in Congress to resign, is that what you’re asking me? You know that mostly all men do this kind of thing to women. It’s like saying there’s a good airline or a good bank, saying there’s some entity out there that is not sexist. They all should resign, every man in every industry. Maybe that’s a good thing because then women can take those positions and then we’ll finally get equal pay.”

Toni Van Pelt, president of the National Organization for Women, explaining why she feels it’s useless to demand Senator Al Franken’s  resignation following credible allegations of sexual harassment and sexual assault in 2006.

Oh, nice.

You know, I don’t think I ask for too much. I just expect the champions of equality, fairness, mutual respect and civility to believe in and live by the principles they claim so indignantly and self-righteously to be fighting for. Is that an unreasonable expectation? Is it unreasonable to expect activists and advocates to hold themselves to the same standards they demand of others?

There need to be real and dire consequences for the head of NOW for making such an ugly, vicious, bigoted and hateful statement. That’s gender bias and stereotyping of the most egregious kind, and until and unless her organization retracts it, repudiates it,  and sheds this anti-male bigot from its leadership, I will not abide any of its supporters or members, and fully intend to do all I can to ensure that as many decent citizens as possible shun them as well.

Every candidate put forth by the Democratic Party, which courts NOW as part of its core constituency, needs to be read this statement and asked, yes or no, whether they endorse it or condemn it.

Under the definition of “hate group” used by the Southern Poverty Law Center— “any group with beliefs or practices that attack or malign an entire class of people”—Toni Van Pelt, speaking on behalf of her organization, has demonstrated that the National Organization for Women belongs on its list. NOW should be placed there, right next to such organized bigots as the KKK, as long Van Pelt is its leader or among its leader. Continue reading →

And The Witch Hunters Come Calling At Al Franken’s Door…Desperately, He Tries To Explain Away The Pointy Hat, The Black Cat, And The Broom He’s Been Riding

/ Jack Marshall / 16 Comments

Al Franken!

Of course! Why didn’t I see that coming?

Homely guy, gets involved in the theater club as the class clown to meet girls, moves through the sex and party culture of Harvard theater, on to the hedonist crisis culture of Saturday Night Live and Hollywood, where anything goes, where Harvey and Woody are gods, where sexual harassment and assault are a tradition and everybody does it…after all, it’s just sex…

Leeann Tweeden, a Los Angeles radio news anchor and former Playboy model,  accused Senator Al Franken (D-Minn) of sexual assault and harassment when they were both on a USO tour in 2006. Her story was accompanied by the photograph above, which takes it out of the “he said-she said” category immediately. Within hours, a second woman, a conservative who argued with Franken on an edition of  Bill Maher’s old Comedy Central show, Politically Incorrect, reported that he had harassed her as well, though not sexually, in 2000.

Franken immediately issued a non-apology apology, saying, “I certainly don’t remember the rehearsal for the skit in the same way, but I send my sincerest apologies to Leeann. As to the photo, it was clearly intended to be funny but wasn’t. I shouldn’t have done it.”

In other words, ‘I don’t believe you about my pushing myself on you when you were awake, and feeling you up while you were asleep was obviously a joke, but I apologize anyway, because you obviously can’t take a joke, and my apolologing  the easiest way to get out of this.” On the Ethics Alarms Apology Scale, this is a hybrid bad apology with elements of Level #7…

“A forced or compelled version of [a legitimate apology] in which the individual (or organization) apologizing may not sincerely believe that an apology is appropriate, but chooses to show the victim or victims of the act inspiring it that the individual responsible is humbling himself and being forced to admit wrongdoing by the society, the culture, legal authority, or an organization or group that the individual’s actions reflect upon or represent .”

and the even worse #9…

“Deceitful apologies, in which the wording of the apology is crafted to appear apologetic when it is not (“if my words offended, I am sorry”). Another variation: apologizing for a tangential matter other than the act or words that warranted an apology.”

This was lousy, and the reviews were immediate and negative. So Franken came back with a second version, this time in a formal statement:

If you examine it closely, the second apology was more unethical than the first one, but a lot more sneaky about it. Continue reading →

KABOOM! Roy Moore’s Lawyer Just Made My Head Explode. Or As He Would Say, Just Made My Head Exploded

/ Jack Marshall / 16 Comments

I hate early morning head explosions. Among other reasons, those bits of skull and brain ruin the taste of my coffee.

No, I don’t blame Trent Garman for representing a vile creepazoid like Roy Moore. Creepazoids have rights too, and should have access to trustworthy and competent counsel. My problem with Garman arises from those last four words. Lawyers as untrustworthy and incompetent as Garman, in my opinion (don’t sue me, Trent, it’s just my opinion that you’re an idiot; I can’t prove it, but I do think you did), shouldn’t be representing clients. Garman, in truth, needs to go back to the sixth grade.

Here is the letter Garman authored on Moore’s behalf. I’ll follow it with the stuff that blew my head; you don’t have to read the whole thing unless you’re into inflicting pain on yourself, like that albino monk in “The Da Vinci Code.”

If you do read the letter, you will note that Attorney Garman never learned that the possessive “its” has no apostrophe, and that he writes English like it is a second, and perhaps third, language. Here are the best, as in worst, examples of his professional writing:

 Your client’s organization has made and/or supported defaming statements. This is due to the careless and/or intentionally refused to advance the truth regarding our clients. We also believe that your client, by and through its agents, have damaged our clients by being careless in how they handle headlines and report the contextual of the allegations.

The second statement  actually says “This is due to the careless and/or intentionally refused to advance the truth regarding our clients.” Diagram that for me. That head-scratcher is followed by “We also believe that your client, by and through its agents, have damaged our clients by being careless in how they handle headlines and report the contextual of the allegations.”This isn’t even the worst example of Authentic Frontier Gibberish in the letter. This is:

Thus, do you know this clearly, yet significant difference which your client’s publication(s) have failed to distinguish. And the legal requirement that your client retract the stories, to include the details which clearly are false.

I can’t even decide what to bold on that one.

Disturbingly, we learn in Trent’s biography that he earned a Masters in Theology from Regent University and  translated two books of the Bible from Greek.  I can just imagine what that translation was like.

I’m not nit-picking a blog comment or a hasty tweet. Roy Moore is fighting for his professional life and reputation, and this is the best legal representation he can find? That letter is a professional product. Garrman is obligated to be competent and diligent, not to send the message far and wide that the former judge thinks that this is persuasive logic and deft prose. Do they not proofread at Garman & Liddon? Do they know what proof-reading is? Do they know what syntax, punctuation and grammar are? Coherence? Professionalism?

Shame on the Troy University and Birmingham School of Law for graduating this careless, inarticulate boob. Heck, no high school should graduate someone who can’t write a letter better than that. Shame on his high school too. Shame on his the Alabama Bar for giving him a license.(I would use words other than “shame,” just to reliev the monotony , but as I’m sure you understand, my vocabulary is affected when my brains are on the ceiling…)

The legal field’s dirty little secret is that lawyers who can’t write or articulate a coherent argument are not as rare as they should be, and they should be extinct.  Nonetheless they get fees from innocent clients who assume that these hacks are smart and skilled because they call themselves lawyers.

But Roy Moore called himself a judge, didn’t he?

Hmmmm…

Maybe this is what George Will calls “condign justice.”

______________________

Pointer: Red Ipsa Loquitur

 

Morning Ethics Warm-Up, 11/16/17: Keeping the Public Ignorant About Unethical Lawyers, Sugar Lies, And A Terrible Trump Tweet…

/ Jack Marshall / 27 Comments

Good Morning, John!

Sing us into the first item, would you?

1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.

Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times  focused on the throbbing black-letter ethics violation involved.  Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.

Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”  Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.

Here is the kind of thing Black Cube specializes in, from the Times piece:

“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.

This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”

Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

…

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…

How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why?  Because a client paid him to. Continue reading →

Puzzled As To How Any Conservative Or Republican Can Continue To Support Roy Moore? Don’t Be. We’ve Seen This Many Times, And For The Same Reasons…

/ Jack Marshall / 43 Comments

Here is how Moore’s defenders are thinking, if you can call it that.

The Hill, from 2011:

During an appearance on HBO’s “Real Time with Bill Maher,” [actress/comic] Janeane Garofalo said, “Anthony Weiner deserves to be supported and hopefully he will be mayor of New York one day. I’m serious. He is a Democrat [who] actually fights for the things liberals and progressive and rational people care about.

The man, a member of the House of Representatives, was sending pictures of his penis to women, in some cases without warning or their consent. He, like Moore, then lied about it.

In both cases, the conduct was disqualifying, and any objective individual should be able to see that. But extreme partisans and ideological zealots are not objective, nor rational, nor ethical. Their ethics alarms don’t work; they believe that the ends justify the means, like Garofalo. They are corrupted. This is why public servants like Weiner, Moore, the Clintons, and Trump are ethics corrupters. Then the people they corrupt, like Janeane Garofalo, use their own collection of rationalizations and false arguments to corrupt others.

The defenders of Weiner were exactly the same, in this regard, as Moore’s defenders.

The self-righteous progressives who have repeatedly spoken and written as if Moore’s defenders are some kind of incomprehensible enablers of evil are endowed with remarkable powers of amnesia and a stunning lack of self-awareness. The mocking contempt that is oozing from social media is the apotheosis of rotting integrity.  Boy, those Republicans are disgusting to try to defend and make excuses for Roy Moore! It is disgusting, but if you applauded hyper-partisans doing the same thing when the scandal was on the other foot, you really should shut up. (I’m looking at you, Bill Maher…)

Ethics Alarms, in contrast, has worked hard for the right to condemn every one of them, because it is character and conduct that matter here, not policy positions and ideology.

_______________________

Pointer: Instapundit

Ethics Lessons Of The Dallas Prosecutor-Uber Driver Confrontation

/ Jack Marshall / 25 Comments

Dallas prosecutor Jody Warner was fired from her job in the Dallas District Attorney’s office for an ugly—and subtantially recorded—argument with an Uber driver.

“Although criminal charges have not been filed, her behavior is contrary to this office’s core principle of integrity, and it will not be tolerated,” the DA’s office said in a written statement. “As public servants, we represent the people of Dallas County and are examples of justice, professionalism, and ethical behavior both inside and outside of the courtroom.”

What happened?

Yikes.

Uber driver Shaun Platt said he picked up Warner, 32, at a Dallas bar. He knew pretty quickly that he had a drunk on his hands, as she yelled at friends out the window when she got in his car. Warner directed him to take a different route from the one his GPS suggested, and he got lost.

“I said, ‘Should I make a left up here?’ and she refused to answer me,” Platt said. “She said, ‘You can follow the fucking GPS’ and she became increasingly angry, even though I was just trying to get her home.” Warner continued berating him, and, he claims, slapped his shoulder. At that point, he pulled his car over, ended the Uber app, and ordered her out.

But the prosecutor refused, threatening that he was “never going to work again” and that she “knows people.”  “Who are they going to believe? I’m a district attorney,” Platt says she told him. (Unstated but understood: “And you’re just a dumb Uber driver!’) At that point he called 911 and started recording her comments on his cell phone.

Highlights:

  • “Oh, my God, you’re going to regret this so much.Just take me home, dude. … Either drop me off at my house, or we’ll wait for the cops because I’m not wrong.”
  • “You’re a fucking idiot.We’ll wait for the cops then if that’s what you think is appropriate.”
  • “Oh my God, you’re an idiot. You are a legitimate retard. I want to go home so badly but you’re so stupid I want the cops to come so that they can fuck you up, that’s what I want.”
  • “Dude, everything’s being reported.I’m an assistant district attorney so shut the fuck up.”
  • “I think this might be kidnapping right now, actually.”

After that statement, the non-lawyer Uber driver correctly made the salient legal point that since he had asked her to leave, and she was free to leave, “It’s not kidnapping, ma’am.”

She replied, “No, it is because there was an Uber that had a destination and you have not taken me to that destination. You’re holding me here, so please take me to that destination.”

Oh..huh? Continue reading →

Morning Ethics Warm Up, 11/15/17: Rush, Creepy Joe, Fake Fake News, And Yum-Yum

/ Jack Marshall / 10 Comments

Good Morning!

1 Save the “Mikado”! Yesterday I was honored to be able to participate in a Smithsonian Associates lecture on the careers and operettas of Gilbert and Sullivan. The Georgetown Gilbert and Sullivan Society was kind enough to invite me to sing “Tit Willow” as part of its segment at the event, which played to a full house. It’s a shame, and alarming for the future of live theater, operetta, and the vitality of the G$S canon, that the average age of participants appeared to be approximately 94, give or take a decade.

Before I warbled “Tit Willow,” once as well-known to the average U.S. adult as “My Way” (John Wayne sings the chorus in “The Shootist”) I went off-script to say, “As you all probably know, this song is from ‘The Mikado.’ It is a wonderful show, and don’t believe anyone who tells you otherwise.” The statement got nods and knowing looks, because they knew exactly what I was talking about.

Right now, the more than 80 Gilbert and Sullivan performance groups in the U.S., plus various opera and regional theater companies, have almost abandoned the best and most performed of the 14 sui generis shows by the great duo for fear of getting into a political correctness battle. “The Mikado,” you see, is now considered “racist,” because Gilbert had the ridiculous (and typical) idea of presenting a satire of English foibles and personalities as if Great Britain had suddenly been turned into an upside-down version of Japan. The script is self-referential on the gag (“I often wonder, in my artless Japanese way…”; “He might have had initials on his pocket handkerchief, but Japanese don’t carry pocket handkerchiefs!” ), as Gilbert was one of the fathers of post-modern humor. The show has been popular in Japan, and all over the world. A popular Broadway adaptation (“The Hot Mikado”) had an all-black cast—still in Japanese costumes—speaking and singing jive versions of the dialogue and songs. Gilbert included a song (“I’ve got a Little List”) that accommodated current events updates, so the show is arguably the most continuously topical of all the Victorian operettas—and all of them are still funny.

Never mind all that. “The Mikado” has been targeted by offense-mongering progressives, and theater companies, which are always a bad decision or two from bankruptcy, find it easier to cave and just produce “The Pirates of Penzance” instead.

“The Mikado, ” directed and performed properly, is better than 85% of all Broadway musicals. It is also cheaper, can be performed effectively by all ages, is infinitely adaptable, and is free: it’s in the public domain. It is a cultural treasure, as important to preserve as the best Shakespeare tragedies or  “David Copperfield.” The battle for “The Mikado” has to be fought, and if there is any theater company out there, amateur or professional, who has the guts to fight it, call me. I can help.

2.  Ridiculous Roy Moore defense of the week. I haven’t been listening to Rush Limbaugh for a long time: is he finally losing it? This week he appeared to be suggesting that because Roy Moore was a Democrat when he was lusting after teen-age girls, there is some kind of hypocrisy involved in the controversy over his Senate campaign, saying,

“Did you know that before 1992, when a lot of this was going on, that Judge Moore was a Democrat? Nobody said a word. When he supposedly was attracted to inappropriately aged girls — he was a Democrat.”

So what? Moore could have been a Rosicrucian when he was molesting girls, and it wouldn’t matter. He’s running for the U.S. Senate NOW, and as a Republican. Either Rush is deliberately making what he knows is a terrible argument that will confuse idiots in his audience, meaning that he is dishonest, or he really believes that it is some kind of mitigation to the GOP’s irresponsible support for Moore that he was a Democrat when he broke the Alabama child molestation law. This would mean that Rush is now an idiot himself. Continue reading →

The Problem With Apu?

/ Jack Marshall / 40 Comments

Commenting on the recent attacks from progressives on the allegedly racist drawings of Dr. Seuss, I wrote,

I’ve missed it: have social justice warriors been protesting “The Simpsons”? No? Not even Apu, the Indian immigrant Springfield resident—Wait! Isn’t the Dr. Seuss Museum in Springfield?–who has the stereotypical ethnic occupation of a convenience food proprietor (Full disclosure: my local 7-11 is owned by an Indian American)? You know, this guy?

Apparently I inadvertently set something in motion in the zeitgeist; I’m so sorry. For the New York Times informs us that a new documentary debuting Nov. 19 on truTV  is called “The Problem with Apu,” and “wrestles with how a show praised for its incisive humor — over the years, it has explored issues like homophobia and political corruption — could resort to such a charged stereotype. Making matters worse is the fact that the Indian character is voiced by a non-Indian (albeit an Emmy-winning) actor, Hank Azaria.”

The article goes on,

“In the film, Mr. Kondabolu places Apu within the broader history of Hollywood’s depiction of Indians, including Peter Sellers’s brownface rendition of an idiot in the 1968 Blake Edwards film “The Party” and the Indians feasting on chilled monkey brains in Steven Spielberg’s “Indiana Jones and the Temple of Doom.” He also reached out to a who’s-who of South Asian actors to talk about their experiences in Hollywood.”

The Indian-Americans quoted in the artical are especially upset that Apu’s accent isn’t authentic; it’s just funny. Can’t have that.

Move through the muck and emerge in the b right sunlight of reality,  there is no problem with Apu. There are problems with lacking a mature reaction to humor and satire, being deliberately hyper-sensitive, power-grabbing using group-identification politics, and cynically looking for offense to justify claiming victim status,  but there is no problem with Apu.

I would love to know why Indian-Americans feel all the other characters in the show can be  outrageous stereotypes and extreme caricatures,  but Apu is unacceptably offensive and insensitive. This is contrived victimization. One cannot reasonable compare the Indians feasting on bugs and chilled monkey brains in “Indiana Jones and the Temple of Doom” to Apu because 1) Apu is entirely benign: he is one of the smartest, sanest and nicest characters in “The Simpsons,” and 2) he’s a cartoon. Cartoons are always exaggerated, and if they are not, they aren’t funny. They also aren’t cartoons. Continue reading →

From The “Ethics Movies That Drive Me Crazy Because I’ve Watched Them Too Often” Files: “Field Of Dreams”

/ Jack Marshall / 21 Comments

The end of the baseball season is hard for me, although it dovetails nicely into the hell of the holidays. The whitewater rush of our wedding anniversary, Thanksgiving, my birthday, pre-Christmas, Christmas, and New Years, along with the ethics business’s dead income period and resulting Marshall cash flow anxiety at the end of every year pretty much has me distracted until January, and Spring Training starts just six weeks after that. Early November has me in withdrawal, however, so I yielded to temptation and watched the 1989 baseball fantasy “Field of Dreams.” It is also an ethics movie of sorts, exploring the complexities of family, fathers and sons, forgiveness, sacrifice, faith and redemption.

Ethics Alarms has highlighted the annoying ethics problems in two classic films, “White Christmas” and “It’s a Wonderful Life.” Now it’s “Field of Dreams'” turn. Oh, I’m still a sucker for one of the most shamelessly manipulative movies ever, don’t get me wrong. I cannot, and I’ve tried, stop myself from getting choked up when Ray Kinsella (Kevin Costner) says to his incredibly gorgeous hunk of a father (Dwier Brown), long dead but miraculously returned to corporeal form and younger than his son,”Hey, dad? Wanna have a catch?”

See? I got choked up just typing that! (Damn movie.). From an ethics perspective, however, the film makes even less sense than the plot.

I’m going to assume, if you continue reading this, that you’ve seen the film. If you haven’t, see it. Don’t let my jaded observations spoil it. It sure works the first time.

Here are the aspects of “Field of Dreams’ that now drive me nuts.

  • Ray Kinsella is a reluctant and unenthusiastic Iowa farmer who lives with his wife, Annie (Amy Madigan), and daughter, Karin (Gaby Hoffman). In the opening narration, Ray explains his estrangement  from his father, John Kinsella, who was a baseball fanatic and who idolized Shoeless Joe Jackson, the disgraced star of the infamous Chicago Black Sox, who threw the 1919 World Series. By the end of his father’s life, Ray hadn’t seen his father for years. He is still feeling remorseful for refusing to play catch with his father, because rejecting baseball was a way to hurt his dad.

The Problem: The whole film’s premise (and that of the novel, “Shoeless Joe,” it was adapted from) is based on the popular fiction that Joe Jackson was unjustly banned from baseball for being part of the gamblers’ plot to fix the Series. This is untrue. Jackson accepted a bribe. He did not inform authorities. He knew his seven similarly-bribed team mates were trying to lose. He did nothing to stop them. he allowed the Series to be fixed, the fans to be betrayed and the fame itself to be brought to the brink of destruction. Jackson, who was illiterate and from all accounts appears to have had an IQ of about 85, argued that he tried to win despite taking the bribe. First, the evidence is questionable on that point.Although he  batted .375 against the Reds in the series, he failed to drive in a single run in the first five games, four of which the White Sox lost. That’s how you throw games without looking like you’re throwing games. Second, he was making the argument that stealing money from bad people isn’t still unethical. Joe probably believed that, but then he was an idiot.

  • . While walking through his cornfield one evening, Ray hears a whispering voice saying, “If you build it, he will come.” He decides, after the voice keeps pestering  him, that he is supposed to build a baseball field—with lights!—in his corn field, and that if he does, Shoeless Joe Jackson will return from the dead and play there. Or something.  Annie is dubious–ya think?—but lets him do it. After the field is finished and nothing happens for months, we see Ray and Annie going over their financial records:

RAY: How bad is it?

ANNIE: Well, given how much less acreage we have for corn, I’d say we’ll probably…almost break even.

RAY: Jesus.

ANNIE: We’ve spent all our savings on that field.

RAY: So what are you saying? We can’t keep the field?

ANNIE: t makes it real hard to keep the farm, Ray.

The Problem: And I said Shoeless Joe was stupid. NOW they are having this conversation? This is so irresponsible and incompetent, it defies description. Ray has a family. They have a little girl. Spending their savings on Ray’s whim and a ghostly and ambiguous whisper is the ethical equivalent of parents blowing their money on drugs. Through it all, Annie, who proudly styles herself as a Sixties veteran, is relentlessly cheery regarding her husband’s lunacy, and once Shoeless Joe appears on the cornfield diamond she’s all in. What, honey? Another voice is telling you to drive to Boston (from Iowa, remember) and talk famous recluse novelist Terrance Mann ( J.D. Salinger in the novel) to join your fantasy? You want to leave while we are trying to stay out of bankruptcy? Sure, go for it!

At the very least, they could have skipped the lights. None of the 1919 White Sox ever played in a night game; there were none then.

Continue reading →