Arts & Entertainment

The Constitution, Law, Rationalizations And Ethics—One Of These Things Is Not Like The Other, I: The University Of Houston Steals A Photo

/ Jack Marshall / 15 Comments

Two recent cases illustrate how law and even Constitutional law can be perverted toward indefensible ends if compliance is the only objective, and ethics are left out of the equation. The first case comes to us from Texas, University. of Houston System .v.Jim Olive Photography.

Houston photographer Jim Olive  discovered during an online check of his copyrighted works that the  University of Houston had appropriated one of his photographs and was using it extensively in its  web and print promotional materials. It was an overhead, aerial image of the City of Houston at dusk in 2005 that Olive went to great expense and effort  to produce.  He rented a helicopter, hired a pilot, and utilizing special photography equipment, suspended himself from the helicopter with a harness.

The university admired it, and found the shot ideal for its purposes, so it  downloaded the photo from Olive’s stock library, removed the copyright markings, and did not credit him when they used it. Olive sent the school a take-down letter and a bill, and the university refused to pay. Then he sued, but the university responded  that it has sovereign immunity, and can’t be sued, because he isn’t a citizen of Texas. The Eleventh Amendment reads in part,

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

The photographer had no right to sue under the U.S. Constitution unless the school waived its sovereign immunity or the act of using the photograph constituted a “taking” of property, the University’s lawyers  argued. When the trial court sided with Olive, the University appealed.

The Court of Appeals has ruled against Olive, declaring  that the school’s actions wasn’t a “taking.” Not only can’t Oliver sue to be paid for the use of his photograph,  he will have to pay the university’s legal costs.

“It just doesn’t seem fair to me,” says Olive.  I’d say his instinct is accurate, but this is the law: fairness is beside the point. To make the ruling even more disturbing from an ethics perspective, the University has a page on its site directing readers to  report copyright infringements – and also to request permission to use UH intellectual property, like the photograph it stole from Jim Olive,

Nice. Continue reading →

Late Sunday Ethics Catch-Up, 6/16/19: Last Straws, Suspicious CPR, Saving King, And “When They See Us”

/ Jack Marshall / 17 Comments

 

Bet you gave up on me, didn’t you!

1. Unforeseen consequences. Medical journal site BMJ notes,

“Bystanders may be concerned about performing CPR on a woman and removing clothing for defibrillator use, for fear of being accused of sexual assault. Further education around CPR in women and the use of female manikins may be the first step”.

Conservative feminist blogger Amy Alkon ,says, archly,

If I’m unconscious, I give my permission for a total stranger to engage in that sexy-wexy act of vigorous CPR….Are there really pervos out there marching the streets waiting for somebody to pass out from cardiac arrest so they can cop a feel?

That’s not the right question, though.

The right question is,

“Are there really vicious, toxic-masculinity, rape-culture obsessed, anti-male #MeTo-ers who would gladly accuse a male Good Samaritan of sexually molesting an unconscious woman to advance an agenda?”

Absolutely.

2. Nice. How woke policies let the assholes in society rule our lives.

Continue reading →

Saturday Ethics Pick-Me–Up, 6/15/2019: The “Oh, Fine, It’s Afternoon Already And I’m Barely Awake” Edition

/ Jack Marshall / 32 Comments

Bvuh.

Travel hangover today: I’ll do the best I can…

1. Thank you, loyal commenters, for a yeoman job in yesterday’s Open Forum.

2. Confederate Statuary Ethics Train Wreck update. Now the historical airbrushers (all from Progressiveland, just in case you couldn’t guess) are going after Civil War recreations and commemorative events. The head of the Lake County Forest Preserve in Illinois declared that there would be no more annual Civil War Days event after next  month’s edition, if he gets his way. He doesn’t think Confederate flags should ever be displayed, even in battle recreations. Besides, he wants the event to be retooled so that instead of commemorating the single most important period and struggle in U.S. history, it advances an understanding of climate change.

(Who are these people? How did they get this way? What do we do about them so the cultural damage they inflict is contained?)

The home-grown historical censor also said,

“This has nothing we want, nor should celebrate, nor re-enact. When southern states are being made to tear down every statute representing this racist, murdering chapter of our history, I can’t believe here in Lake County our own forest preserve is preserving and celebrating it every year, and with our tax dollars.”

This deliberately brain-dead approach to U.S. history is working (aided greatly by the atrocious neglect of American history in our schools), and by working I mean promoting ignorance so citizens can be more easily misled. The Wall Street Journal reported that visits to Civil War national battlefields are falling off. Over 10 million Americans visited  Gettysburg, Antietam, Shiloh, Chickamauga/Chattanooga, and Vicksburg  in 1970. They only had 3.1 million visitors last year.

That’s about as many tourists as visited the “Cheers” bar in Boston.

3. Oberlin race-baiting update: in case you missed it, the jury in the Gibson’s Bakery case  hit the college with the maximum punitive damages, capped by law at 22 million dollars.  Continue reading →

Saturday Ethics Smorgasbord, 6/8/2019: Yes, Double Standards Are Really Bugging Me Today

/ Jack Marshall / 34 Comments

Goddagens!

1. I’ve been trying to find away to fit Reps. Ocasio-Cortez. Tlaib and Omar into a parody of Abraham, Martin and John. “AOC, Omar and Tlaib” almost works... An investigation by Minnesota’s Campaign Finance and Public Disclosure Board into Rep. Ilhan Omar (D-MN) has determined  she violated campaign finance laws dating back to when she served a single term in the State House of Representatives from 2016-2018. The report also reveals that Omar filed joint tax returns in 2014 and 2015 with Ahmed Hirsi, even though she was married to Ahmed Nur Said Elmi from 2009-2017.

Nice.

Let me know if you hear about this from any mainstream media outlet.

2. Individually, there are a lot of wonderful, funny, brilliant and admirable theater people. As a group, however, it is a cowardly, biased, intellectually lazy herd with the political sophistication of third graders.

I wrote on Facebook about the Ethics Alarms post on D.C.’s Studio Theater cancelling a production that reveals the text messages between the “FBI Lovebirds” who dished about how the Deep State would sabotage Donald Trump. The majority of my more than 400 Facebook friends are involved in theater. None of them commented on the issue. The apparent reasons are apathy, hypocrisy, or fear of being labelled a “Trump supporter” because they don’t applaud active censorship of the truth when it is inconvenient to the plots of “the resistance.” I don’t care which it is: the response is disgraceful…and typical.

Hollywood writer Christian Toto contacted 14 theaters across the country to ask their response to Studio’s actions. None of them responded. Among the fourteen were New Neighborhood and Slightly Altered States,  theatrical groups which took part in the  dramatic readings of the Mueller Report (the attending of which is a reliable indication of late stage Trump Derangement–I presume the theaters will follow up with readings of the phone book). Christian Toto writes,

“Imagine if unseen forces threatened violence against that Mueller Report reading, an event framed as critical of President Trump. Does anyone think those same 14 theatre groups would have remained silent?”

Should I ask my Facebook friends? Continue reading →

Morning Ethics Warm-Up, 6/7/2019: The Duke’s Revenge, Biden’s Integrity, The VA’s Incompetence, And A Teacher’s Cruelty [UPDATED]

/ Jack Marshall / 45 Comments

Good Morning!

Last night we managed to watch both “The Longest Day” and “Saving Private Ryan,” which especially amused me as I recalled the places my father shouted at the screen. Especially after “The Longest Day,” the complete absence of any sense of what the D-Day invasion was about or why we were fighting at all is particularly irritating, but then that’s Spielberg all over.

I also recalled the story about John Wayne’s participation in “The Longest Day.” (The Duke is really good in it, though if there is a star of “The Longest Day”, it is Robert Mitchum as  Brigadier General Norman Cota, Assistant Commander, 29th Infantry Division, the man who was also a primary hero of D-Day itself. )

You who else is surprisingly good? Paul Anka, in his small role. He was only in the movie because he wrote the title song, but the singer shows a genuine talent for projecting his character on screen.

[Correction note: I originally wrote, “As far as I can determine, it was Anka’s only film appearance.” Wrong, Ethics Breath!  Reader VinnyMick points out that Anka has several other, less successful, screen appearances. I regret the error.]

This was a passionate,  emotion-and-patriotism- driven project by Darryl F. Zanuck, and he was betting everything on its success: the studio, his personal finances, his love life (Zanuck’s girlfriend at the time had the only female role in the movie), everything.  The producer realized that he had to have Wayne in the film for credibility, as the Duke had been  the Hollywood face of the American fighting man in World War II.  Wayne knew it too, but was angry with Zanuck, who had mocked Wayne’s equivalent project of the heart, “The Alamo.”

He refused to do the film for scale (then $25,000) like the many other Hollywood stars in the film, and insisted on receiving $250,000 as an expensive crow-eating exercise for Zanuck. (That was what Henry Fonda, Robert Mitchum, Rod Steiger, Red Buttons, Richard Burton, Peter Lawford, Eddie Albert,  Jeffrey Hunter, Robert Wagner and Robert Ryan received combined. ) Even though the producer had Charlton Heston lined up to play Wayne’s role if no deal could be struck, he agreed to the punitive fee, as well as giving Wayne special billing in the credits, an out-of-alphabetical order “and John Wayne” at the end.

Yes, that was revenge…but Zanuck didn’t have to agree to it. The lesson is worth remembering: don’t spite anyone gratuitously, or make an enemy casually. You never know when you might need them.

1. Biden flip-flops, but at least he flipped in an ethical  direction. Joe Biden is not modelling a lot of integrity as he desperately tries to appease the radical Left in his party so they might hold their noses and vote for an old, sexual harassing white guy to run against President Trump. His latest reversal was to repudiate the Hyde Amendment, which he had once supported and indeed voted for in the Senate. That’s the law that forbids any taxpayer funds from being spent to fund abortions.

The Hyde Amendment never made any sense. If abortion is a right, and it has been one for decades, then government support for access to that right ought to be no less a requirement than with any other right. The Hyde amendment stands for the proposition that if enough Americans don’t agree with government policy, they should be able to withhold financial support of it. That, of course, wouldn’t work as a universal principle, so the Hyde Amendment is an ethical and legal anomaly. I doubt Joe’s flip-flop is one of principle rather than expediency, but it’s still the right position to have.

2. Nevertheless, Joe’s not going to make it. The New York Times—it wants someone else to get the nomination, so it is reporting negative things about Biden that it might bury with another candidate—revealed once again that Biden repeatedly lied about participating in 1960s civil rights marches,  despite being warned by aides not to do it. Such straight-out falsehoods are debilitating for a candidate who will be claiming to be the champion  to elevate the Presidency beyond the incessant petty lies of Donald Trump; this was one reason Hillary Clinton was unable to exploit candidate Trump’s mendacity. She’s a habitual liar too.

So is Joe. It happens when you will say anything to get elected. Continue reading →

KABOOM! YouTube Pulls “The Triumph Of The Will”—Hate Speech, You Know. Can’t Have That!

/ Jack Marshall / 38 Comments

I would have included a clip of “Triumph of the Will” here, but apparently such a film never existed…

Well, I can’t complain too much; it’s been a while since a news story propelled my brains through my skull to the ceiling. However, the trigger this time demonstrates that several developments are even worse than I thought—or believed they would get—such as…

  • The Left’s embrace of historical airbrushing and censorship as part of its strategy of controlling thought and knowledge.
  • Social media’s meat-axe approach to policing online content.
  • The perilous state of the First Amendment as both the Left and its allied media seek to control art as well as speech.

YouTube released new policies regarding “hate speech” yesterday  to “reduce more hateful and supremacist content from YouTube.”  Since the new policies almost immediately resulted in the removal of Leni Riefenstahl’s 1935 Nazi propaganda epic “Triumph of the Will,”    I can confidently conclude the the policies are far too broad, and also that those executing them have the perspective of the average person who has grown up in a cave, and the judgment of the PTA scold who wants to ban “Huckleberry Finn.” Continue reading →

Morning Ethics Warm-Up, June 5, 2019: Ethics Corrupters In The House, The Senate, The White House, The Times….

/ Jack Marshall / 27 Comments

The next morning was going to be a crucial one, but not exactly “good”…

Good Morning!

1. How to expose a demagogue. Senator Elizabeth Warren is near the bottom of my ethics rankings of the various Democratic Presidential candidates, and not just because of the way she handled her crisis of color. She’s a pure demagogue, and a particularly dangerous one, as she is a stirring speaker and apparently shameless.

It takes clarity of thought and rhetoric to expose demagogues, especially Warren’s breed, which carry the trappings of authority—after all, she’s a Harvard professor, so she must be smart (or so those who did not attend Harvard seem to think.) The President’s favored tactic of name-calling is of limited value for this purpose, but Rep. Dan Crenshaw, the veteran mocked by Saturday Night Live because of his war wounds,  is providing an ongoing seminar on how to expose Warren’s dishonesty.

When Warren tweeted this high-sounding sentiment…

…Rep. Crenshaw  zeroed in on its deception.

Note also the gently mocking imitation of Warren’s flip use of “thing,” so much more rhetorically effective than calling her “Pocahontas.”

Here is how Crenshaw eviscerated another typical bit  of Warren pandering…

Then there was this expert take-down….when Warren grandstanded with this…

Crenshaw pointed out exactly what was wrong with it…

Why, yes, that’s exactly what it is.

2. Censorship and keeping the truth from the public is not ethical, nor is it a legitimate way to address problems in a democracy. Continue reading →

Ethics Dunce: The Studio Theater, Washington, D.C.

/ Jack Marshall / 7 Comments

The Studio’s Mead Theatre in D.C. was about to open “FBI Lovebirds: UnderCovers,” with Dean Cain and Kristy Swanson (once Superman and the original Buffy the Vampire Slayer respectively) as disgraced FBI agents Peter Strzok and Lisa Page. The dialogue came straight from the pair’s texts, which, as we all know, revealed both their romantic (and unethical) affair while strongly suggesting “deep state” plans to prevent Donald Trump’s rise to the Presidency

The team behind the project, Unreported Story Society, had rented out the Mead, one of the spaces in D.C.’s very rich and very successful—and very liberal, like most theaters—Studio Theatre.  Yesterday, however, the production announced in an email alert that Studio  has canceled its contract to host the performance. Here is Studio’s statement:

“Studio Theatre has cancelled its contract with third-party rental client Unreported Story Society. Media reports have made us aware of undisclosed details about the event and have generated open and violent threats against the theater and event participants. Studio has an institutional responsibility to consider the safety of our staff, patrons, community, event organizers and attendees. These concerns must be paramount.”

Right. I don’t buy  the explanation, I don’t believe it, and I don’t respect it.

Those “undisclosed details” were that the same conservative activists behind the anti-abortion documentary “Gosnell,” which was screened at the White House, were behind the production. “FBI Lovebirds: Undercovers,” was to be directed by Phelim McAleer, a conservative artist who has co-written and produced  political films about abortion, fracking and environmentalism with his wife, Ann McElhinney.

“We are going to show the mainstream media and Hollywood that they can no longer push the Russia collusion hoax and force them to acknowledge how the Deep State, DC Swamp tried to destroy the Trump candidacy and presidency,” reads the crowdfunding page named after “Unreported Story Society,” the production company that McAleer set up to mount the show.

Once the Studio became aware that the play would be anti-“resistance” and pro-Trump, although it apparently is fact, not fiction since the dialogue is entirely from the actual texts, it became unpalatable. I assume that Studio got complaints from its board, donors and overwhelmingly Democratic subscribers because the play had a conservative tilt.

Can’t have that!

If there were, in fact, real threats made (personally, this sounds to my ear like a cover story to avoid saying that the play was cancelled once the Studio found out that Unreported Story Society were actually a cadre of evil Trump supporters), then that means the threats came from the Left, just like threats keep conservative views from being aired on so many college campuses. If theaters are going to bow to the heckler’s veto and efforts at content censorship via threats, then free expression as well as art is endangered.

I do not believe that if this was a progressive-agenda friendly production, like, say, the NYC “Julius Caesar” production that depicted the staged and bloody assassination of a Trump clone, the Studio would have been so eager to cave., but maybe I’m wrong. Maybe the Studio is just run by weenies—there are a lot of them in the theater world, and courage is not in abundant supply. In ethical theater, you do what you have to to protect the production, but you make sure the show, any show, goes on.

If this were the late American Century Theater, I would have insisted as artistic director on the show going up, threats or not.  Anyone who knows me knows that’s true. Our theater also produced—and I directed— works from all ends of the political spectrum, including socialist agitprop. If theater won’t stand up for its controversial and politically unpopular works, then it will devolve into “The Lion King,” Shakespeare revivals and fluff.

Come to think of t, that’s pretty much where live theater is now.

Morning Ethics Warm-Up, 5/28/2019: I See Stupid People…Also Unethical People, “Best People,” Short People, And Wise People

/ Jack Marshall / 26 Comments

Good Morning!

Ah! After a long, long weekend, I feel wefweshed!

1. “The best people,” (cont.):  Ugh.

a) From the Wall Street Journal:

“Transportation Secretary Elaine Chao has retained shares in a construction-materials company more than a year after the date she promised to relinquish them.Shares of the company, Vulcan Materials Co. , the country’s largest supplier of the crushed stone, sand and gravel used in road-paving and building, have risen nearly 13% since April 2018, the month in which Ms. Chao said she would be cashed out of the stock, netting her a more than $40,000 gain.”

I have a personal bias against Chao, which I have described before, so I’ll just leave this as a res ipsa loquitur item. Her husband, of course, is GOP Senate leader Mitch McConnell.

b) I would rank Chao as more palatable than this hack, however, who should be fired outright, and kicked on her way out the door.

In an apparent attempt to show that Dr. Ben Carson, HUD Secretary because he is black and was nice to Donald Trump during the GOP debates, is NOT the most unqualified official at his department,  HUD regional administrator Lynne Patton defended Carson’s cringingly inept recent performance (“Is there any other kind?” Jack Nicholson’s Colonel Jessup  might ask) before Congress  by retweeting a message praising Dr. Ben while mocking Alexandria Ocasio-Cortez. Then she  took to Facebook to say  that her comment “may be a Hatch violation. It may not be. Either way, I honestly don’t care anymore.”

Nice. A government official who announces publicly that she doesn’t care if she violates the law! Then she responded to criticism of that post with a classy tweet that said, “What part about “I don’t give a shit” don’t you understand? “

“The best people.” You could throw a rock into a crowd and have a good chance of finding better people for government service than Patton. If you are keeping score, the ethics breaches here are all six “Pillars of Character”— Trustworthiness, Responsibility, Fairness, Respect, Caring and Citizenship, distributed among Patton, HUD, and the President. You can’t do much worse. Continue reading →

And Another One BitesThe Dust: Bowling Green State’s Unethical Slap At Lillian Gish [UPDATED]

/ Jack Marshall / 14 Comments

The problem with so many of the statue-toppling/ renaming debacles at U.S. universities isn’t just that they are  transparent grandstanding, virtue-signalling and pandering to power-seeking black activists. The more disturbing problem is the intellectual vacuousness and lack of critical thought that school administrators display in the process of their grovels. The recent action of Bowling Green State University in Ohio is a particularly noxious example.

[Correction notice: the post originally had the university in Virginia, perhaps because I was once pulled over for reckless driving in Bowling Green, Virginia. Anyway, that was wrong. My apologies.]

Lillian Gish ( 1893-1993) had an epic  film career spanning 75 years, from 1912, in silent films,  to 1987. She was frequently  called the “First Lady of American Cinema,” and film historians credit her with introducing basic movie performing techniques to her craft. The PBS series, American Masters devoted an episode to Gish’s life and achievements; Turner Classics Movies observes,

Having pioneered screen acting from vaudeville entertainment into a form of artistic expression, actress Lillian Gish forged a new creative path at a time when more serious thespians regarded motion pictures as a rather base form of employment. Gish brought to her roles a sense of craft substantially different from that practiced by her theatrical colleagues. In time, her sensitive performances elevated not only her stature as an actress, but also the reputation of movies themselves. 

She had 120 film and TV credits before she was done, including “Night of the Hunter,” an enduring classic. In short, she was important. She enhanced the culture and her industry, and she earned her honors. She should be remembered.

Bowling Green State University has honored  Lillian Gish (and her less-celebrated acting sister Dorothy) for more than 40 years. But members of the college’s Black Student Union objected the theater’s name, on the grounds that in 1915, when she was 22 years old, she was one of the stars in D.W. Griffith’s “Birth of a Nation,” a seminal work in the U.S. film canon by one of its most talented and influential directors. The film, despite its artistic merits and importance to the development of the movies, is widely regarded as racist in content and purpose, celebrating as it does the rise of the Klu Klux Klan. The film is also blamed in part for the rise of Jim Crow in the South, also aided by President Woodrow Wilson’s open promotion of the movie as well as Griffith’s political views.

None of which has anything to do with Lillian Gish. Actors don’t write scripts or control a movie’s message, nor are they responsible for how audiences perceive a film beyond their own performances. D.W. Griffith was not only the early 20th Century’s equivalent of a Stanley Kubrick or Steven Spielberg, he was young Lillian’s patron and metor. She had literally no choice other than to accept his decision to cast her in his Reconstruction opus; to rebuff him would have risked ending her career. Nor was there any way, in 1915, for Gish to know what the impact of “Birth of a Nation” might be, or to know, while she was being filmed, what the director would do with the footage.

Gish was not responsible for the movie, and holding that she was is as ignorant and indefensible as it is unfair. Continue reading →