Arts & Entertainment

#FreeKesha Ethics: Ignorance, Indignation And Feminist Bias Vs. The Law

/ Jack Marshall / 22 Comments

Kesha

Perhaps, if you don’t follow pop music, you managed to miss the long, long ongoing drama of singer Kesha’s (formerly “Ke$ha”—I know, I know… ) legal efforts to get out of her recording contract with  Sony and producer Dr. Luke, (Lukasz Gottwald) who has produced hits by other artists like Katy Perry, Rihanna, Pitbull and Miley Cyrus. It isn’t over, but the unethical caterwauling by Kesha and her supporters both in and out of the industry is deafening.

Also off-key.

Kesha Rose Sebert was 18  and an unknown singer from Nashville  when she signed a five or six (I have read both)  album contract with one of Dr. Luke’s recording companies in 2005. It took five years, but the producer’s faith in her paid off when Tik Tok became the No. 1 song in the country. Kesha released two albums in the next two years, but none since 2012.

In October 2014, Kesha’s legal team sued Dr. Luke for alleged sexual assault and battery, sexual harassment, gender violence, emotional abuse, and violation of California business practices since the beginning of their business relationship. The lawsuit claimed that Dr. Luke had  drugged her, raped her while she was drugged,  and also tormented her to the point where Kesha developed an  eating disorder that eventually required medical attention. Kesha asked that the court let her out of her exclusive recording contract because, as she put it in a sworn affidavit, “I cannot work with this monster.”

Dr. Luke, not appreciating being branded a rapist, filed a countersuit against Kesha and her attorneys for defamation, and accused her, her mother, and her management of fabricating the abuse claims to break her contract with him and his partner, Sony. Last November, Dr. Luke asked the judge to dismiss Kesha’s allegations of sexually abusing her. Continue reading →

Ethics Dunce: Samuel French, Inc.

/ Jack Marshall / 9 Comments

collage

A ridiculous and offensive example of misuse of legal process and interference with free speech was just flagged by self-exiled Ethics Alarms star, Barry “Ampersand” Deutsch on his blog.

In her one woman play Thatswhatshesaid, playwright Courtney Meaker cherry-picked lines from the female characters in the eleven most-produced plays of past theater season, according to one list, anyway. She mashed them up for effect, the effect being to show how “society forces women to conform to certain harmful and paradoxical gender stereotypes, and America’s most popular plays reflect those stereotypes. Playwrights perpetuate the patriarchy by creating roles for women that reduce them to one version or another of male fantasy or fear, and playhouses make sure those plays have a home.”

Okaaay, I think I’ll be passing on that one! Nevertheless, re-arranging bits and pieces of other copyrighted works to create a different work and message from any of the components is such a well-traveled and obvious tool of the modern arts that to say this play’s content is fair use, legal and ethical should be completely unnecessary. Collages that do this (see above) have been accepted as routine; musical works and videos too. Here’s a favorite of mine…

But law, ethics and art didn’t stop Samuel French, the theatrical publishing company which licenses some of the plays quoted in Thatswhatshesaid. The company  sent a last minute cease-and-desist notice right before a performance, demanding the play not be presented, and also left a threatening message on the voicemail of the show’s sole performer, Erin Pike, promising to “go after” her, “the presenter and the theater and all the folks connected to it.” Despite being warned by the theater not to defy the mighty French, Pike made sure her show went on anyway, like any good and courageous artist should.

What’s going on here? Continue reading →

Celebrity Ethics: Sir Paul And Bill

/ Jack Marshall / 80 Comments

Pual rejcected

Two recent ethics stories involving the famous, accomplished and popular:

1. Bill Murray The aging bad boy of SNL and “Groundhog Day,” found himself in some trouble recently when he was trying to chill at the Vesuvio rooftop lounge in Carmel, California, convenient to the annual Pebble Beach Pro-Am golf tourney in which Bill was playing. A few patrons started flashing cameras at him from close range—without asking, of course–and true to his on-screen character (and off-screen, where he is known as an impulsive jerk), Murray got up and chucked their phones off the 2nd story rooftop. Obviously, whatever the provocation, you can’t do that.

Bill paid for the phones, and the owners didn’t press charges. The problem for me were the typical reactions of commenters on the story, proving once again that the average, even above average member of the public can’t solve a simple ethics problem. Continue reading →

Kanye West, Ethics Corrupter

/ Jack Marshall / 41 Comments

FevaTV-KanyeWest Time Kanye West, a major and influential figure in pop music and with young black African-Americans particularly, has been a constant force for racial division, most notably when he told a live national audience that the response to the New Orleans recovery after Katrina was deliberately slow in order to harm African Americans. Despite the fact that he has repeatedly revealed himself to be a shameless jerk as well—really, it’s inconceivable that someone of such taste and class as Kim Kardashian would marry someone like that, but who can map the human heart?—West continues to promote racial distrust and division, making the musician a cultural and societal pollutant, the human national equivalent of Flint water.

His latest racist outburst was a series of tweets yesterday to his millions of followers that proceeded this way, within a minute…

To Pitchfork, Rolling Stone, New York Times, and any other white publication. Please do not comment on black music anymore…

I love love love white people but you don’t understand what it means to be the great grandson of ex slaves and make it this far…

The system is designed for colored people to fail and one of our only voices is music. One of our only ways out is music.

Hilariously, West’s complaint was that a Pitchfork review “only” gave his album a “9 out of 10” rating. He explained that he deserved a “30 out of 10.”

The racists.

This is more evidence that strong, vocal and influential forces in pop culture and the black community have abandoned the goals of racial respect, integrated society and equal justice and opportunity for the new goals black separation, special status, double standards, and disrespect. This has been the message of protesting activists on dozens of campuses; it was the message of the Black Lives Matter/Black Panthers salute Americans were subjected to by Beyoncé at the Super Bowl halftime show, and that is West’s irresponsible message as well.

Kanje has decreed some new rules, apparently : Continue reading →

Ethics Quote Of The Month: “Bridge of Spies”

/ Jack Marshall / 8 Comments

bridge-of-spies-656

The shooting script for the Academy Award nominated film “Bridge of Spies” is now online. Written by Matt Charman and the Coen brothers, it, like the film that Steven Spielberg made out of it, provides an unusually accurate and nuanced portrayal of ethical lawyering. The movie is worth seeing, better more than once, and I expect that I will use many issues raised in it for class discussion as I teach legal ethics to lawyers this year.

There is one howlingly wrong scene, in which the lawyer, Jim Donovan (played by Tom Hanks) has a private discussion with the judge who will be sentencing his client, a convicted Russian spy. Donovan argues against a death sentence. If this happened, and I doubt it, it would have been an egregious ethics breach: this is called ex parte contact, and is strictly forbidden.

The film redeems this misstep many times over, especially in a scene that neatly explores both the duty of confidentiality and the duty of loyalty, as well as the crucial role of rules in society, and why “the ends justify the means” as well as those who advocate that philosophy must be rejected. “Ethics Bob” Stone told me that he now uses the scene in his business ethics classes.

The scene begins with Donovan meeting in a restaurant with a man who has been following him…. Continue reading →

Ethics Observations On Beyonce’s Super Bowl 50 Halftime Performance

/ Jack Marshall / 36 Comments

beyonce-superbowl-x-cbs

On the eve of her Super Bowl 50 half time show performance, Beyoncé released  “Formation,” a video full of references to Black Lives Matter tropes and propaganda, including “Hand Up! Don’t Shoot!”  (You can view it here. The earlier version of this post had an unofficial version: I apologize for the error.) Then in her portion of the Super Bowl 50 halftime show, the pop star gave the sold-out stadium and world-wide audience a live version of the video, including  backup dancers wearing Black Panther berets who formed  an X, apparently alluding to black Muslim activist Malcolm X, and raised their fists in the “black power” salute. African-Americans activists wrote that they saw the performance as a tribute to the 50th Anniversary, not of the Super Bowl, but to the Black Panthers.

The halftime show was part of a marketing plan messaging across multiple platforms, from social media to mainstream media. Once the show was seen in the context of the more explicit video, a controversy emerged, just as Beyoncé ‘s marketing geniuses hoped it would. Former New York mayor Rudy Giuliani was among the vocal critics, calling the show “outrageous” said telling Fox News,”This is football, it’s not Hollywood, and I thought it was really outrageous that she used it as a platform to attack police officers who are the people who protect her and protect us, and keep us alive.”  Protests are planned at NFL headquarters.

What’s going on here?

1. Stipulated: Beyoncé’s sole intentions are to sell, make money, and get buzz. If she has a genuine political motive, and I doubt it, it is secondary to the good ol’ profit-making motive that has made her a mega-millionaire. She and her husband Jay-Z have been linking their brand to Black Lives Matter because they see profit in it, that’s all. Is it crass and ethically inert? Sure it is…just like the music business and the rest of show business. Is it particular disgusting, at a time of dangerous racial division in this country heightened by liars, crooks, complicit activists and cynical politicians, to try to make money by glamorizing it? Yes indeed, but the Julie Principle needs to be applied here. Fish gotta swim and birds gotta fly, and if you are paying any attention to people like Beyoncé, you can’t be shocked or overly angry at them when they show that their motives are purely non-ethical at all times. Yes, Beyoncé’s conduct was culturally irresponsible and unethical. “This is my shocked face:”

shocked face

2. That said, hijacking the Super Bowl halftime show to make a race-baiting, divisive, anti-police demonstration out of what is supposed to be a unifying, fun, family-friendly cultural event, by extolling the racist Black Lives Matter, the criminal and racist Black Panthers, and destructive lies like “Hands Up, Don’t Shoot!” is indeed outrageous. The stunt deserves every bit of criticism it has recieved and more. Continue reading →

Since You Ask, HERE Is Why I Do Not Believe Public Schools Can Be Trusted To Teach Students About Complex Issues Like Race…

/ Jack Marshall / 72 Comments

ellaBecause too many teachers and administrators are incapable of reliably rational thought, that’s why.

Take this ridiculous episode, for example:

Ethan Chase Middle School in Menifee, California urged its students to costume themselves as Disney characters for Spirit Day last week. Austin Lacey, 13, being a broad-minded and creative lad who, like an astounding number of his fellow Americans, apparently admires “Frozen,” the Disney animated cult smash soon to be a Broadway musical. He chose to dress as Elsa, the movie’s troubled Snow Queen.

The school principal made him take off the costume, because, as Romoland School District Superintendent Dr. Julie Vitale said in a statement, it was necessary to “stop a general disruption to the school environment.”

See what I mean? Morons. Continue reading →

The Seventh Annual Ethics Alarms Awards, Part II: The Worst of Ethics 2015

/ Jack Marshall / 17 Comments

Donald and Hillary

Ethics Corrupters of the Year

(Awarded to the unethical public figure whose prominence, popularity and success most corrupts the public’s ethical values)

A Tie: Hillary Clinton and Donald Trump.  Nobody else is close.

I’m sorry that these two are so dominating the awards. They also dominated the posts last year. If they dominate the awards next year, God Save The United States of America…

Double Standard Of The Year

The deference accorded to anti-white protesters on dozens of college campuses, not just by spineless administrators but much of the news media. Similar protests, conduct and rhetoric by white students would be immediately condemned for what it would be: blatant racism.

 Lie of the Year

Hands Up! Don’t shoot! The lie was uttered in 2014, but acquired new status after the Justice Department unexpectedly and definitively determined that the evidence did not support the inflammatory myth that Mike Brown was shot dead in Ferguson while trying to surrender to Officer Wilson. Never mind: the lie is part of the manifesto of Black Lives Matter and similar groups; it is still alluded to by activists and shameless politicians; it still divides the nation and focuses hate on police departments; and it has contributed to getting police officers killed while making communities more vulnerable to crime. It may be the Lie of the Decade.

Uncivil U.S. Official of the Year

Justice Antonin Scalia, who crossed all lines of judicial restraint, collegiality and civility when he excoriated his colleague, Justice Kennedy, who was the fifth vote in the majority of SCOTUS’s ruling  that same-sex marriage was a Constitutional right no state could deny, with this comment in a footnote:

“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

——U.S. Supreme Court Justice Scalia,

 

The Jesse Jackson Award 

(For the Year’s Worst Amateur Diplomat)

Barack Obama.  I know, this is snarkier than I like to be in these awards, but the signature diplomatic measure of the past year, the astounding, one-sided, dangerous and Munich-like deal with Iran, could only be the product of an ideological tyro placing wishes and hopes over diplomatic responsibility, and not for the first time. For most Presidents, trading dangerous terrorists for a deserter would be nadir. History has seen many tragedies seeded by world leaders with no diplomatic skills: the disastrous Treaty of Versailles,  Potsdam, and the treaty that this one most resembles, negotiated by the hapless Neville Chamberlain. We can only hope that the worst case scenario doesn’t materialize, but if it does not, it will be moral luck.

Most Unethical Sports League

New England Patriots quarterback Tom Brady speaks at Salem State University in Salem, Massachusetts, May 7, 2015. REUTERS/Charles Krupa/Pool ORG XMIT: BKS06

The NFL, for the third year in a row. “Concussion,” Tom Brady, Deflategate, more evidence that NFL players are slowly killing themselves with brain damage, Johnny Manziel.  What a great sport pro football is.

Sports Cheat of the Year

Tom Brady, New England Patriots ball-deflating quarterback.  Brady eventually avoided punishment because the NFL botched both its investigation and its imposition of penalties, but his smirking, cynical comments about the incident made it clear that he thinks cheating is no big deal, and most of his fans agree.

Not surprisingly, Brady supports Donald Trump.

Unethical Lawyers of the Year

Law Firm Division:  Lawyers Stephen Diaco, Robert Adams and Adam Filthaut of the Florida firm Adams & Diaco were found to have “maliciously” set up the drunken-driving arrest of their opposing counsel in a  high-profile defamation trial. The plot involved a comely paralegal and a cooperative DUI cop. Last I checked, it looked like all three lawyers would be disbarred for life.

Scary Lawyer Division: California lawyer Douglas Crawford  held a can of pepper spray a yard from the face of the opposing lawyer saying, “I will pepper-spray you if you get out of hand.” Then the lawyer pointed a stun gun at Traver’s head and said, “If that doesn’t quell you, this is a flashlight that turns into a stun gun.” To show he wasn’t kidding, Crawford discharged the stun gun the startled lawyer’s face.

Hard-working Lawyer Division: Massachusetts lawyer,  Karen Andrade, was  charged with prostitution after a police investigated a report by a suspicious neighbor and  found online reviews of both the lawyer’s legal services and her escort services

Celebrity Lawyer Division: Michael Cohen,  one of Donald Trump’s lawyers, told the Daily Beast that it was legally impossible for a man to rape his wife. He was only a couple of decades and many court cases behind on his research. That piece of legal scholarship came after he had threatened the website’s staff in language usually associated with loan sharks and pimps.

Unethical Prosecutor of the Year

Mosby

Baltimore’s City Attorney Marilyn Mosby
Continue reading →

So Modern Feminists Are Apparently Bigoted Bullies And Gender Supremacists…Now What?

/ Jack Marshall / 91 Comments

The first step is to call them out on it.

Item:

“While introducing Mrs. Clinton at a rally in New Hampshire on Saturday, Ms. Albright, 78, the first female secretary of state, talked about the importance of electing a woman to the country’s highest office. In a dig at the “revolution” that Mr. Sanders, 74, often speaks of, she said the first female commander in chief would be a true revolution. And she scolded any woman who felt otherwise.

“We can tell our story of how we climbed the ladder, and a lot of you younger women think it’s done,” Ms. Albright said of the broader fight for women’s equality. “It’s not done. There’s a special place in hell for women who don’t help each other!”

This is pure bullying, misandry and tribalism, anti-male bigotry and a double standard—not that there’s anything wrong with that.

No male politician, pundit or celebrity would dare argue that a man not only should but must vote for the candidate with testicles, because it would be immediately attacked—correctly—as sexist, bigoted, irresponsible, divisive and as an aside, stupid. How can intelligent people make a physiological feature that is unrelated to ability and competence the defining one in choosing a President?

Unfortunately, there’s an answer to that: this was how Democrats elected and re-elected the first black President, with over 95% of voting blacks using color as the prime reason to chance handing over immense power to an inexperienced, untested amateur at leadership and management. Yet even African-Americans were not so blatant and shameless as to openly state that any black American who didn’t vote based on pigment was deserving of eternal damnation. A former Secretary of State did that to bully women into voting for Hillary Clinton, however, as Clinton beamed.

hell1

Continue reading →

“Code Black” Glosses Over A Medical Ethics Imperative

/ Jack Marshall / 6 Comments

Code Black

In TV’s medical drama “Code Black‘s” episode “Diagnosis of Exclusion,” we were plunged, as is too often the case in such shows, into a freak situation that might not occur in any U.S. hospital for a century, but that somehow happens on TV routinely.

A lunatic stalker named Gordon (Jesse Bradford) tried to rape doctor Malaya Pineda (Melanie Chandra) in the hospital garage, after stabbing a hospital administrator, perhaps fatally. Dr. Pineda fought back, the stalker stabbed her in the stomach, and then mild-mannered Dr. Angus Leighton (Harry Ford) arrived in time to pull the stalker off of his wounded friend and save her life. In the struggle that ensued, crazy Gordon was stabbed in the neck with his own knife.

This was presented in flashback, in the form of an official inquiry where Dr. Leighton explained that he told the stalker not to pull out his knife, but he did anyway, causing uncontrollable bleeding. “Maybe I could have done more but, I was out of my mind,” Angus explains. Leighton says he tried to stop the bleeding as he screamed for help. By the time the paramedics got the murderous patient into the ER, he was beyond saving.

Ahhh, but that’s not exactly what happened, we learn! First we saw Angus’s older brother, also a doctor, tell him that he did the right thing, that Gordon tried to kill two women that day and would have gone on to kill more if Angus hadn’t acted as he did.

Wait, what? Continue reading →