Morning Ethics Warm-Up, 11/8/17: Featuring The Most Depressing Question You Have Heard In A Long Time. I Hope.

Good Morning!

1 Yesterday there was a fascinating article on how the famous opening chord of “A Hard Day’s Night” was (perhaps) made. I have been meaning to make a comment about the new Sirius-XM Beatles Channel, which I had occasion to listen to for many hours while being trapped in traffic jams and construction driving back and forth to Virginia Beach and Richmond, and this is a good time to post it.

I have been getting lousy, dishonest, bait-and-switch service and products with such regularity lately, ranging from an investment firm that couldn’t send the proper forms to give me access to my own money, to Verizon, which has been giving me a six-month runaround while its slooooow WiFi breaks down for days, to Progresso soup, which either decided to put what looks and feels like ground up chicken bones in its vegetable soup, or just the can I bought, that I  had despaired of again seeing anything approaching excellence for the sake of excellence  from a U.S. business until I returned to Disneyland or Fenway Park. The Beatles Channel makes the grade. It isn’t just the songs, which would have made the channel a hit all by themselves. Sirius-XM includes scholarship, history, musicology, rare recordings, interviews, celebrity and non-celebrity disc jockeys and cultural analysis, around the clock, with new programming every day. I’ve sat through college courses that were less thorough, and too many courses to count, in both college and graduate school, that were less informative and valuable. There are some things worth paying for, and products that are better than you expected!

2. The New York Times  headline after a hard day’s night for the GOP in Virginia and New Jersey: DEMOCRATS SCORE TWO BIG VICTORIES IN TRUMP REBUKE.

I’m sure it was the koi.

This is flagrant spin and distortion, and unethical journalism. The New York Times should just put “You hate the President, you know you do” on the banner. The Times didn’t call last November’s across the board rejection of Democrats in state house races and Congress an “Obama rebuke,” though it was, and the results in Virginia and New Jersey cannot be fairly pinned on Trump. The two state governors races went pretty much as everyone assumed they would months ago. New Jersey’s result, from a very Democratic state, was a predictable rejection of its spectacularly failed and detested Republican governor, and Virginia’s election of a moderate Democrat over a Republican who tried to both reject Trump while trying to hitch-hike on some of his better positions was predictable as well.

I would also guess that the Donna Brazile revelations about the Democratic Party’s corruption is not on  typical voter’s radar, so the wave of self-hating Democrats staying home that some predicted did not materialize. The Texas shooting, however, probably activated the always vigorous “The Constitution be damned, think of the children!” knee-jerk progressive block to go to the polls.

By now the Times’ routine propaganda tricks are no surprise, but the practice of attaching editorial comments connoting negative implications for the President is neither fair nor objective. But then, the news media knows this: it is attempting a coup by poisoning public opinion. This is the major ethics story—and ethics crisis—in the nation today, and has been so for a year.

3. Now a compliment to the New York Times. Finally, someone wrote an relatively honest article regarding the causes of mass shootings in the U.S. “What Explains U.S. Mass Shootings? International Comparisons Suggest an Answer” is the online version; the print edition headline is “Only One Thing Explains Mass Shootings In The United States.” Both headlines are misleading—the Times has a headline problem—but the article’s main point is correct: “The only variable that can explain the high rate of mass shootings in America is its astronomical number of guns.”

Not inadequate laws. Not enforcement. Not crazy people. Not crime. Not the NRA.

Just lots of guns.

Thank you.

The Times also correctly hints at—it could have and should have done more than hint—why we have more guns than any other country:

In the process of making a comparison between the US and Switzerland, which as the country with second highest gun ownership rate has far fewer shootings (Fun Facts! Switzerland, like Australia, isn’t the United States, and the Swiss, like Australians, are not like Americans), the Times notes,

“Swiss gun laws are more stringent, setting a higher bar for securing and keeping a license, for selling guns and for the types of guns that can be owned. Such laws reflect more than just tighter restrictions. They imply a different way of thinking about guns, as something that citizens must affirmatively earn the right to own.”

Translation: The United States protects and guarantees the inherent human right to self-defense and autonomy, and Switzerland doesn’t. In the U.S., the wise Founders, government doesn’t have to grant you the right to own a gun; you already have it. Or in other words, Switzerland isn’t the United States. (See above.) God bless America.

The Times continues under the heading “The Difference is Culture”:

“The United States is one of only three countries, along with Mexico and Guatemala, that begin with the opposite assumption: that people have an inherent right to own guns.The main reason American regulation of gun ownership is so weak may be the fact that the trade-offs are simply given a different weight in the United States than they are anywhere else.”

May be”? That’s exactly why Swiss-style “regulation”—as in “We tell you if you can own a gun and what kind of gun you ‘need., Citizen!”—isn’t an option in the U.S. The Constitution also gives the right to speech a different “weight” than other cultures do, and the amount of certainty required to send someone to prison, and when the police can search your home, and many other examples where this nation and this culture insists that individuals and individual rights come first, not government power. The fact that the United States accepts the costs of individual liberty is what makes it the United States.

There are so many guns in the U.S. because Americans like guns, and in this country, people generally can make and get what they like. They should like guns: the United States,more than others, owes its existence to guns. Our most popular entertainment involves guns. Most of all, the #2 mandate in the Bill of Rights guarantees that every citizen begins life with the right to own guns.

Mass shootings are a side effect of the Second Amendment and the core individual right to be armed. The only way to reduce such shootings is to eliminate that right and confiscate guns. Either the currently vocal anti-gun zealots understand this and are lying, or they don’t, and are ignorant.

[The National Review has some legitimate criticism of the Times data analysis, but it doesn’t affect the validity of the Times general conclusion.]

4. Here’s the depressing ethics note of the day, or perhaps the year. On the first day of jury deliberations at the bribery trial of Senator Robert Menendez, a juror asked the judge a basic question: “What is a Senator?”

I guess a necessary voir dire question or two was omitted by the lawyers .

The judge should disqualify that juror.

Contrarian Ethics And Ann Althouse

Ann Althouse, the now retired law professor and increasingly active bloggress, is a habitual contrarian. That’s why she is such an interesting and politically unpredictable commentator, and why, though generally left of center by instinct, she so often ends up on the opposite side from the news media. Being a contrarian can be a useful tactic for ethicists too: it provides a bias filter. Since lawyers like Ann are trained to be able to argue both sides of any argument with equal fervor and persuasiveness, picking a position you disagree with and arguing for it anyway is a wonderful way to change your own mind, or to find lines of reasoning that might never have appeared otherwise.

It can be a trap, too, especially in the blogging biz. Having an opinion that isn’t already everywhere on the web makes a blog interesting, attracts comments, and leads to increased traffic and links. Especially in areas where one doesn’t have strong opinions, the tendency to disagree with the obvious or popular opinion becomes its own bias, and undermines trust and integrity. I have my own contrarian streak (I inherited it from my father), and I have to watch it carefully. It is not ethical (it’s unkind) to say or write things primarily because you mostly want to make people’s heads explode. I’ve done it a few times on Ethics Alarms.

This is where I have seen Althouse trending, and here is a recent example. Continue reading

KABOOM! Brandeis Cancels A Play About Political Correctness Because Students And Faculty Protested That It Wasn’t Politically Correct

I do want to thank Curmie, our esteemed drop-in commenter who is a drama teacher and chronicler of ethics outrages from the world of education, for ambushing me with this head-exploding story from Brandeis University. And my head had been doing so well.

Playwright Michael Weller had received a Creative Arts Award from Brandeis, and when he wrote a  a play, “Buyer Beware,” that satirized the political climate on U.S. campuses the University scheduled it to make its premiere there. The satire concerns a student who discovers the works of  iconic 50s era comedian Lenny Bruce, and attempts to stage a  production in the spirit of the taboo-challenging comic. The production offends  students affiliated with the Black Lives Matter movement, as well as the Brandeis-like university, which worries that the controversy will offend a crucial donor. The script, channeling Bruce (think George Carlin but more abrasive, and not as funny) called for a white character to use “nigger” in several instances. The play quotes Bruce’s famous manifesto against strictures against mere words: “Imagine if we just kept saying these words over and over again, sooner or later they’d become meaningless noise.”

Without reading the script, it appears, so many students protested that Brandeis administrators, proving that their spines and principles were noodle-flexible, capitulated and cancelled the production, when the statements of the protesters should have made it obvious that such a play was desperately needed. For example, Andrew Childs is an Undergraduate Department Representative for the Theater Arts Department and a member of the season’s play selection committee, told the student newspaper,

“The issue we all have with it is that [Weller] is an older, straight…, able-bodied and white man. [ Wait! Isn’t it okay to be white?] It isn’t his place to be stirring the pot.”

What are they teaching at Brandeis? Only certain genders and races can “stir the pot”? Continue reading

Megyn Kelly, William Saroyan, Ethics, Me, And Us: A Rueful Essay

I have been following Megyn Kelly’s ongoing career crash with interest and reflection. She spurned a more lucrative contract from Fox News to jump to NBC, where she was made the star of a “Today Show” shake-up. Critics have been brutal; ratings have plunged. Reportedly celebrities refuse to be booked for interviews with her–they are all progressives, you see, and fear they will get cooties from Megyn, or something.  Conservatives are mocking her as a turncoat getting her just desserts, and the Left already hated her. She has no constituency now; literally none.

You never know; Megyn might rebound. Nevertheless, she is a cautionary tale with ethics implications. Kelly has an unusual set of skills and talents.  She is actress/model beautiful in face and physique; she is very intelligent; she has a great broadcast voice. She is a lawyer as well as a journalist, articulate, and has guts. There are many paths she could take that would make use of her abilities and achieve fame, wealth, popularity or power.

This is fortunate fortunate, but it also is a trap. Choices involve the risk of error, failure, lost opportunities and disappointment. Those who have a limited number of skills also have a limited number of choices, or none at all. There is some serenity in this. My entire professional life has been spent jumping back and forth, in and out among the many areas that interest and engage me, and in which I have had some measurable talent and success. In the end, and I am far closer to the end than the beginning, mine will be substantially a life of underachievement and waste, in great part because I never made a committed choice, or made the wrong ones.

My heroes have always been those remarkable, versatile people who somehow contrived to make major contributions to culture, society and civilization in multiple fields. Theodore Roosevelt, a historian, naturalist, and political leader. Clarence Darrow, a lawyer, writer, and philosopher. Hedy Lamarr, the sexy actress and pin-up who developed a radio guidance system for Allied torpedoes, a bomb-sight,and whose inventions are now incorporated into modern Wi-Fi, CDMA, and Bluetooth technology. Paul Winchell, the popular ventriloquist, kids show host, and voice actor (Tigger!) who also invented medical equipment. Marlene Dietrich, who acted, sang, spied, and defied Hitler.  John Glenn, a fighter pilot, astronaut, and U.S. Senator.  Richard Gil, a tenured Harvard Professor of Economics, and a principal bass with the Metropolitan Opera Company. Michael Crichton, a  novelist, film director and MD, with the gift of philological insights. Ronald Reagan, a movie star and a President of the United States. But their path is perilous. Continue reading

A Kevin Spacey Update, The Sexual Harassment Feeding Frenzy, And A Guide To Sexual Harassers In The Workplace

This photo seemed appropriate somehow…

Kevin Spacey, it is now fair to say, has been a habitual sexual harasser.

We did not know that when Anthony Rapp made his accusation against the actor in a Buzzfeed interview. I would be very interested in knowing whether Rapp knew that. The posts here (this, and this) began with the assumption that Rapp’s motivations were as he stated them, and he did not say or suggest that Spacey was, like Harvey Weinstein, an active predator.

But in the ensuing days,  the pattern typical of accused harassers who really are harassers has emerged regarding Spacey. Other alleged victims came forward with their accounts.  Next  the employees on Spacey’s hit Netflix series “House of Cards” expanded the narrative…from CNNMoney:

Spacey made the set of Netflix’s “House of Cards” into a “toxic” work environment through a pattern of sexual harassment, eight people who currently work on the show or worked on it in the past tell CNN. One former employee told CNN that Spacey sexually assaulted him.

That, as they say, is the ball game for Spacey. He has even followed the hackneyed script for so many celebrities caught in misconduct: he’s getting “treatment.” Well, he doesn’t have many options. His show has been cancelled; his agency has dropped him. Spacey is very talented, but it will take him a long, long time to even partially recover from this, if he can.

I am going to write this anyway even though it won’t register on most people: the fact that Spacey turned out to be a lot more than a guy who got drunk and treated a 14-year old actor inappropriately at a party three decades ago doesn’t retroactively make the way Rapp’s ambush accusation fair or right. If he knew that Spacey was a present day harasser and made the accusation to break the dam, that’s something else, but again, he didn’t suggest that.

I’d guess that he’ll say that now, whether it is true or not.

Since Spacey was accused, several other celebrities, including Dustin Hoffman, have been fingered. The latest development is that several female members of Congress have said that they have been sexually harassed by their male colleagues, and of that I have no doubts whatsoever. Nonetheless, we are still in the witch hunt yellow zone, creeping into the red.

Here is part of a cautionary LA Times op-ed  by Cathy Young:

The fallout from the Harvey Weinstein scandals and the ripples from the “#MeToo” movement are having indubitably positive effects — above all, exposing and bringing to account predators who have enjoyed impunity due to their power and status. But there are some pitfalls. Many people — not just men with skeletons in the closet — fear that careers may be destroyed over minor misconduct and ambiguous transgressions. Troubling rhetoric abounds, condemning all sexually tinged dynamics in the workplace, stereotyping men as abusers and women as perpetual victims in need of quasi-Victorian protections.…Concerns that the post-Weinstein climate may lead to witch hunts against any man who flirts with a female colleague have been met with angry comments along the lines of “flirting in the workplace IS HARASSMENT.” A tweet by singer/songwriter Marian Call that got more than 2,000 retweets and nearly 6,500 “likes” asked, “dudes are you aware how happy women would be if strangers & coworkers never ‘flirted’ with us again … this is the world we want.”

But is it? It’s certainly not the world I want: Except in college, nearly every man I have ever dated was either a co-worker or, once I switched entirely to free-lancing, someone I met through work. This is not unusual, even in the age of dating websites and apps.

This has always been the aspect of sexual harassment law that renders it inherently unfair and to many, incomprehensible. In many cases the exact same conduct is harassment if unwelcome, and successful mating strategy if welcome.  Don’t bite my head off, but this was what Donal Trump was alluding to in his repulsive conversation with Billy Bush. He was claiming  that women like being sexually assaulted by the rich and powerful. In many cases, he may be right. Legally, when he’s right, it may not be sexual harassment. Ethically, it is still wrong. If the women feels compelled not to object to the sexual overtures because of an inequality of power, it is very wrong, and illegal. Continue reading

Further Ethics Observations On The Kevin Spacey Scandal [Part 2]

[Continuing the reflections on the accusation against Kevin Spacey and its aftermath…Part One is here.]

I have always assumed that Spacey had endured some kind of serious trauma that explained his aversion to confirming that he was gay, since, really, it was so, so obvious. Many actors become actors because of familial abuse and self-loathing: if you think about it, it makes sense. They don’t like who they are and what real life has been, so they seek the fantasy life of being someone else on stage, films and TV.  Maybe Spacey’s long obsession with performer Bobby Darrin provided a clue. (Spacey eventually played Darrin in his own vanity film project. “Beyond the Sea.”) You have to be really unhappy with yourself to fantasize being in the shoes of Darrin, the talented, troubled heterosexual  actor-singer who died before he turned 40. Thus I was not surprised when Spacey’s brother Randall Fowler, 62, a limo driver and professional Rod Stewart impersonator, described the home in which he, Kevin and their sister were raised as resembling the plot a  horror movie.

  • Fowler says he and his brother were both sexually abused by their father, Thomas Geoffrey Fowler (whom the children called “The Creature”), and that their mother knew about their treatment at his hands. Their older sister, Julie, was also abused before she fled home when she was 18. In a 2004 interview, Spacey’s brother described how their ultra-right-wing father was a member of the American Nazi Party. He was so enamored with Adolf Hitler, Fowler claimed, that he trimmed his mustache to resemble Der Fuehrer’s.

“I grew up in a living hell. There was so much darkness in our home it was beyond belief. It was absolutely miserable,” Spacey’s brother said then. “Years later, our mother actually wrote a letter to all three of us, trying to justify what had gone on by saying she was abused as a child and so was our father. Kevin tried to avoid what was going on by wrapping himself in an emotional bubble….He was so determined to try to avoid the whippings that he just minded his Ps and Qs until there was nothing inside. He had no feelings.”

Fowler described his younger brother was an “empty vessel” who had never been in a real relationship with anyone. “Neither of us had a chance growing up with two such damaged parents, ” he concluded.

No, I don’t know that what a Rod Stewart imitator and publicity-seeking sibling of a famous actor says is completely true, exaggerated, or a fabrication.  But it fits. Spacey should be given the benefit of the doubt, and accorded some compassion. We all deserve that. Continue reading

Further Ethics Observations On The Kevin Spacey Scandal [Part 1 of 2]

The comments regarding yesterday’s ethics quiz have been varied and vigorous. As to the quiz question itself,

Is [Anthony] Rapp’s public accusation [against actor Kevin Spacey alleging that Spacey sexually assaulted him 30 years ago when Rapp was only 14] fair, responsible, and ethical?

I have arrived at my answer, and am abashed that I didn’t see it immediately.

No, the accusation was not fair, and it was unethical. It fails all ethical systems. It is a Golden Rule breach: What Rapp did to Spacey is not how he, or anyone would want to be treated. The fair and decent thing would have been to confront Spacey privately.  Maybe Rapp has distorted the incident over time; maybe Spacey is as remorseful and embarrassed by the incident as Rapp has been traumatized by it. All of us would want at least a chance to explain or make amends before being exposed…in Buzzfeed(!?).

Other observations, as Spacey is being metaphorically disemboweled by an angry mob…

  • Rapp also stomped on Kantian ethics, which forbids using human beings as a means to an end. Rapp says his goal was “to try to shine another light on the decades of behavior that have been allowed to continue because many people, including myself, being silent.” Wait: is there a shred of evidence that Spacey engaged in such conduct over “decades”? Is there any indication that Rapp is protecting future teens from his assaults? No, he’s just jumping on a train, joining a virtue-signalling mob engaged on what appears to be a scalp-hunting expedition. His late hit on Spacey didn’t stop a predator (as with Weinstein), didn’t report a crime to authorities (the statute of limitations is long past), didn’t accomplish anything postive and productive involing Spacey at all. I was just symbolic, and Kant, correctly, holds that it is unethical to destroy real human beings to make a political, social or culotural point, in this case the point being, “Don’t stay silent for 30 years if you have been abused, harassed or molested!”

This also fails any Millsian or Benthamist test of utilitarianism. The ends accomplished by Rapp’s accusation consist almost entirely of destroying Kevin Spacey. What else? I suppose its a warning too: anything you did that society will regard as worthy of making you a pariah can be revealed by an angry, vindictive or politically motivated alleged victim at any time, and you will have no recourse. Call it the Anita Hill Principle. That’s not enough of a “benefit” to society to destroy someone’s life. We have the Weinstein example, and the Bill Cosby saga. They were–are?—both serial offenders. Taking out Kevin Spacey based on one very old incident is not a means justified by any end.

  • Upon examination, Spacey’s response was a mistake and an ethics botch on multiple levels. Here it is again:

First, here we have another example of why Twitter is dangerous. Spacey is a smart guy, yet he foolishly, in his rush to deal with this crisis, authored his own rapid response on social media. In the old days, as my late friend Bob McElwaine, Hollywood publicist for Danny Kaye, Dean Martin, Robert Mitchum and many other stars, told me, he job was to make sure nothing attributed to his Hollywood clients was authored by them. Continue reading

Morning Ethics Warm-Up, 10/31/2017: A Hate Outbreak, A Bigoted Judge, A Lost Post, And More Halloween Ethics

Good Morning!

1 On Facebook, many of my progressive friends literally expressed glee at yesterday’s indictments, especially at the charge that Paul Manafort had engaged in “conspiracy against the United States.” Lots of social media users were expressing similar sentiments, the thrust being that they were excited that two individuals who worked for the Trump campaign were facing criminal charges…simply because they worked for the Trump campaign. This cackling mob hadn’t read the indictment, or if they did, they didn’t understand it. They just were engaging in free-standing hate by association.

The reaction is not sort of like, but exactly like, what I called  the “Ugliest moment of election night”: Trump’s crowd chanting “Lock her up!” as the upset electoral victory approached. Criminalizing the political process is not the way of democracy, and rooting for people’s lives to be ruined because of their partisan alliances is disgusting. Who among the people so thrilled to see Manafort and former Trump campaign foreign policy advisor George Papadopoulos being prosecuted know anything about them other than the fact that they worked for the President’s campaign? What do they think justifies cheering their indictment? Papadopoulos pleaded guilty for lying to the FBI about when he tried to meet with Russians claiming to have damning Hillary Clinton e-mails—which, I hope you know (and I bet the Facebook mob doesn’t) isn’t a crime.

Last night, Stephen Colbert, the full-time attack jester of “the resistance,” said of the indictments, “I know it’s almost Halloween, but it really feels more like Christmas!” What an idiotic and hateful thing to say, as well as a statement that is misleading to his audience, who naturally would think that the action implicates the President and the White House in something. (It doesn’t.)

2. Colbert also engaged in gratuitous race-baiting, because dividing the country along racial lines and promoting racial distrust is apparently what progressives think is funny and cool. Noting that the charges against Paul Manafort were filed on Friday but that he didn’t have to turn himself in until Monday Colbert smirked,  “Wow, we white people really do get arrested differently.” The “joke” is untrue, and racist in its own implications, suggesting that only whites commit white collar crimes and are regarded as low flight risks, while blacks commit the violent crimes and robberies that lead to immediate arrests.

These are ugly, mean-spirited people, poisoned by ugly, mean-spirited thoughts.

You can quote me.

3. Judge W. Mitchell Nance, a Kentucky judge, resigned after judicial ethics charges were filed against him as a result of his refusing to preside over any same-sex couple adoption cases. Nance announced that he would not  participate in  gay adoption matters in April, when he issued an order saying he was recusing himself from such case, arguing that adoption by a gay couple would never be in the best interest of a child.

The judicial misconduct complaint filed last month argued that Nance’s order violated the judicial ethics canons requiring judges to promote confidence in the integrity and impartiality of the judiciary, to be faithful to the law, and to refrain from showing bias or prejudice.

It does. Good riddance. Continue reading

Ethics Quiz: The Weinsteining Of Kevin Spacey

This latest boxcar on the Harvey Weinstein Ethics Train Wreck contains an ethics quiz because I have such mixed feelings about it.

Yesterday, actor and former child performer Anthony Rapp told Buzzfeed that in 1986, when Kevin Spacey was 26,  Rapp was 14, and both were appearing in Broadway plays, Spacey invited Rapp over to his apartment for a party. At the end of the evening, Rapp says, Spacey picked Rapp up, put him on his bed, and climbed on top of him. Rapp says he managed to squirm away and locked himself in the bathroom. Eventually he left Spacey’s residence, and never had any further contact with him.

Rapp is now 46. He says that before talking to Buzzfeed, he never told anyone about the traumatic  experience. However, Spacey’s success in his career constantly reminded Rapp of the incident.  “My stomach churns,” Rapp said. “I still to this day can’t wrap my head around so many aspects of it. It’s just deeply confusing to me.”

Rapp said he felt obligated to finally tell his story in the wake of the new awareness of the sexual harassment and sexual abuse culture in  the entertainment industry, sparked by Harvey Weinstein’s fall.

“And not to simply air a grievance, but to try to shine another light on the decades of behavior that have been allowed to continue because many people, including myself, being silent. … I’m feeling really awake to the moment that we’re living in, and I’m hopeful that this can make a difference.”

Spacey immediately tweeted an apology, and more:

Your Ethics Alarms Ethics Quiz of the Day:

Is Rapp’s public accusation fair, responsible, and ethical?

Continue reading

Abashed Morning Ethics Warm-Up, 10/28/17 [Updated]

Good Morning!

1 Following a day in which various exigencies and responsibilities, plus fatigue and distraction, caused me to whiff on getting up at least three posts I thought were worthy of consideration, yesterday I failed to get any up at all. This makes me very unhappy, and I apologize. A fly-in, fly-out assignment in New York City had me up early and back late, whereupon I had my son’s birthday to acknowledge, the World Series to scrutinize and some aching feet to attend to. Priorities can’t be ignored, and being able to recognize when something you want to do and are devoted to doing just cannot be done well in the time allowed is a matter of life competence. Yet I hate failing loyal readers who care about ethics issues and rely on Ethics Alarms to explore them, and feel negligent when this occurs…fortunately, not very often.

Still too often, however.

2. The emergence of Hollywood director James Toback as a serial sexual harasser (at least) had me preparing a post about why theatrical directors are especially prone to this conduct. The gist of it was that in college, where participation in theater is often more social than aesthetic, directors forming romantic relationships with their cast members is neither taboo nor typically exploitative. Similarly, in community theater such relationships are not unusual or unethical, unless they interfere with a director’s artistic duties: casting an inferior performer because she’s your girl friend or because you want her to be is per se unethical. These are the cultures that produce many directors, and they enter professional theater, and later films, with bad habits that cannot be tolerated or continued in a professional context. Similarly, performers also come out of that culture. It may be difficult for some of them to comprehend that what is arguably acceptable in amateur settings is becomes unconscionable in a professional one.

However, this cannot explain Toback’s conduct. An astounding 200 plus women now say they were harassed or assaulted by him, and the list filled up in less than week. Compared to Toback, Harvey Weinstein and Bill Cosby seem restrained.

Actress Selma Blair, for example, says her agent arranged for her to meet Toback for a possible role in one of his films after her career had begun with promise. Blair says the meeting was scheduled at a hotel restaurant, but  when she arrived the hostess told her that Toback wanted to meet in his hotel room. There, Toback asked her to perform a monologue nude, directed her to have sex with him, and said he would not let her leave until he “had release.” Then the actress says, he simulated sexual intercourse on her leg. 

I begin my sexual harassment seminars by stating that the problem is one of ethics. If you have respect for human beings regardless of gender, if you are fair to people you interact with, if you are caring toward them and obey the Golden Rule, if you apply the three basic ethics alarms checks (“Does this seem right? Could I tell my mother about this? Would I want this on the front page of my local newspaper?”), then you won’t be a harasser. But I can’t begin to explain how someone reaches the point of depravity and utter contempt for women that he would behave the way Blair describes Toback behaving. This is, to understate it, uncivilized. Was he raised by wolves? I suspect even wolves would be horrified by his behavior. My father never had to sit me down at 13 and say, “Jack, it’s time for a talk. It’s never right to simulate sexual intercourse on a woman’s leg when she has come to interview for a job.” I didn’t need to be told this. Who needs to be told this who isn’t already a dangerous sociopath?

Somehow, the culture of Hollywood devolved to such a state that abuse of power and women became a social norm, and even conventionally acculturated adults had their values erased and replaced. That is the only way the Tobacks and Weinsteins could come to exist. That culture is now too sick and entrenched to be wiped clean by a few scandals. It is going to take a long time to change it, if indeed it can be changed. Continue reading