Ethics Dunces: The Buncombe County (North Carolina) Republican Party.

"Who would have guessed that he would look so bad in that interview?"

“Who would have guessed that he would look so bad in that interview?”

If a Republican affiliate has to force its chairman to resign after he proves to the nation that he is 1) so racially insensitive that he might dress up in blackface, tell the AP that Steppin Fetchit was ‘hilarious,’ and call President Obama a “jigaboo”on “Meet the Press” and he 2) doesn’t see what the fuss is, such an affiliate is not responding swiftly to newly revealed crisis. Such an affiliate has a much bigger problem. It has a surfeit of racists, incompetents and idiots. True, Don Yelton, the recently sacked two-term chair of the Buncombe County Republican Party in North Carolina, didn’t quite go that far in his jaw-dropping interview on Comedy Central, but he still spouted enough offensive comments for Match.com to pair him with Michael Richards. Watching the interview, which one can see here, the first impulse might be to ask, “What was he thinking?” Upon reflection, however, the proper question is “Is this man capable of thought?” Continue reading

Ethics Quiz: The SpongeBob Headstones

SpongeBob Gravestone Removed

You can’t make stuff like this up.

Apparently I was last one in the nation to learn about the surreal dispute between the parents of the late Kimberly Walker, a 28-year-old Iraq War vet who was  found murdered in a Colorado hotel room eight months ago, and the owners of Cincinnati’s historic  Spring Grove Cemetery, concerning the headstones erected over her grave on October 10.

The cemetery reversed its official approval of the twin monuments, apparently bestowed by someone who had momentarily been possessed by the spirit of Chuck Jones, saying that it would be inappropriate for a traditional and historic 19th Century pastoral cemetery that serves as the final resting place of Supreme Court Chief Justice Salmon P. Chase, several Civil War generals including “Fighting Joe” Hooker, who lost the Battle of Chancellorsville, the Hall of Fame manager of the 1927 Yankees, Miller Huggins, and many others, to sport not one but two hideous 6-foot-high, 4-foot-wide, 7,000 pound slabs of granite lovingly carved to depict SpongeBob Squarepants in military gear, one of which displays Kimberly’s name on his uniform. (For those of you who are hopelessly estranged from popular culture, SpongeBob is a fictional deep sea yellow sponge who stars in a popular Nickelodeon cable TV children’s cartoon show. Kimberly, we are told, loved the show. SpongeBob is an idiot, by the way.)

The family is outraged, and feels abused. “I feel like, and we all feel like, SpongeBob should stay there. We bought the plots, all six of them. We put the monuments there, we did what we had to do and they said they could provide that service to us,’ said Walker’s twin sister Kara, who was looking forward to eventually being buried under the second headstone. “I thought it was the greatest thing in the cemetery. I even told the people there that I think this is the best monument I’ve ever seen. It’s the best headstone in the cemetery and they all agreed. It came out really nice.”

Yyyyyyyeah.

Still, putting considerations of taste aside—-and what American these days doesn’t do that daily?—the Walkers duly purchased the plots (they have four more…and just think of what might end up on them) and properly cleared the monuments.

Your Ethics Alarms Ethics Quiz for this lovely Fall day is this:

Does fairness dictate that the Walkers be allowed to erect whatever monuments they choose, including giant, garish sculptures of a cartoon character, to honor the memory of their daughter? Continue reading

Ethics Dunce: Fat-Bashing Film Critic Rex Reed

melissa_Elle

Actress Melissa McCarthy stole the film “Bridesmaids” right out from under its better known stars, including the screenplay’s author, Kirsten Wigg. In that film, her hit CBS sitcom “Mike and Molly,” and subsequent films (of varying quality), McCarthy has shown that she is s versatile, appealing comedienne with deep dramatic resources. Film critic Rex Reed, however, is mostly concerned with her weight, which is usually a component of the characters she plays and the quality, other than her talent, that sets her apart from the standard issue, impossibly thin, fit and sexy Hollywood actress.

In his withering review of her latest comedy “Identity Thief,” Reed causally refers to McCarthy as a “female hippo” and reduces her career to this: “Melissa McCarthy (Bridesmaids) is a gimmick comedian who has devoted her short career to being obese and obnoxious with equal success.” Called on his fat-bashing, Reed responded, “I have lost entirely too many friends to obesity-related diseases to pretend Ms. McCarthy’s alarming obesity is anything to applaud.”

There are two aspects of this that are striking. One is that Rex Reed, who played the pre-op Myra Breckenridge in the awful movie version of Gore Vidal’s gender-bending, and considered scandalous at the time, satiric novel (Raquel Welch, now over 70, was post-op), is still alive and reviewing, albeit obscurely until, as now, he writes something outrageous. At one time—40 years ago? Longer?— Reed was considered the most quotable and one of the most influential film critics; now, to say he is passé would be a compliment.

The other striking aspect of this incident is this:  while the culture will turn with unforgiving venom on any public figure who derides individuals for their color, sexual orientation, malady or disability, any of which would be considered cruel, bigoted, and hateful, deriding individuals because their weight doesn’t meet with aesthetic norms—among which are now out-sized breasts on otherwise fat-free frames and sharply chiseled abdominal muscles, a look that was literally freakish until the dawn of Nautilus and personal trainers—-still is largely regarded as justified and acceptable. Continue reading

CBS’s “Blue Bloods”: Endorsing the Saint’s Excuse and Polk County Justice

 

Time for the department ethics training, Chief. You should sit in on it too...

Time for the department ethics training, Chief. You should sit in on it too…

“Blue Bloods,” Tom Selleck’s New York police family drama on CBS, began as a paean to the core values of public service, nobility, justice, courage and honesty as it chronicled the work and lives of three generations of the Reagan family. The Reagan men are all cops, the one female is a DA, and Selleck is the paternal Chief of Police. Based on last night’s episode, “The Truth About Lying,” series creators Mitchell Burgess and Robin Green have permitted the show’s writing staff to be infiltrated by the Dark Side in its fourth season, and now its calling cards will include the enthusiastic promotion of the abuse of power and the celebration of lying as long as it’s all for a good cause. That’s the Saint’s Excuse, one of the most deadly of the rationalizations, in which “good” people decide that they are empowered to do unethical things in the pursuit of what they believe are worthy goals. The Saint’s Excuse is something of a theme in the United States these days. Now “Blue Bloods” is making sure popular culture spreads the word.

The episode, which you can watch here, was ostensibly about Selleck’s Chief’s efforts to foil the city’s newly appointed “inspector general,” installed in the wake of a “ripped from the headlines” court rejection of an effective “stop and frisk” program by New York’s finest. Continue reading

The Naked Teacher Principle Strikes In Texas: The Playboy Variation

"Miss DEWEESE?? Ay Caramba!!!"

“Miss DEWEESE?? Ay Caramba!!!”

This version of the NTP is not especially close to the gray area of ethics, nor is the result surprising, though I expect a lot of teeth gnashing about it because the naked teacher in question will attract a lot of, uh, sympathy.

Dallas’s school district has apparently fired Cristy Nicole Deweese, 21, a Spanish teacher for the city’s Townview Magnet High School. Less than three years ago she posed in various provocative positions and states of undress for Playboy, in its February 2011 issue. That magazine is still available, but more to the point, the photos are easily available online. Naturally some students found them, and the core tenets of the Naked Teacher Principle had been triggered.

The Naked Teacher Principle states:

“A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.”

I won’t keep you in unnecessary suspense. Deweese is almost dead center in the middle of the NTP. Continue reading

“Print the Legend” Ethics (Again): Does It Matter If Matthew Shepard’s Death Was Really A Hate Crime?

Powerful story; moving story; useful story. Does it matter if it isn't a true story?

Powerful story; moving story; useful story. Does it matter if it isn’t a true story?

It apparently matters to a lot of people for the wrong reasons—unethical reasons, in fact. As a result, legitimate efforts to determine what really happened to the gay rights icon, then a 21-year-old University of Wyoming student, who was beaten,  tortured and murdered  in Laramie, Wyoming  in 1998, have been exploited for ideological goals by adversaries of gay rights, and attacked by the media, gay rights advocates and good progressives everywhere. Just as it is important to the civil rights establishment, the black grievance community and anti-gun advocates that Trayvon Martin be seen as the innocent victim of a racist vigilante with murder in his heart—a characterization of Martin’s murder at war with all known facts and rejected by a jury after a fair trial—thus is it crucial to gay advocacy groups and others that Shepard be remembered as the victim of a hate crime, brutally killed because he was gay.

And facts be damned. Continue reading

Psychic Found Guilty Of Fraud: Did She Know This Would Happen?

gypsy-fortune-teller2Now that the required joke is out of the way, I can more soberly state that the New York conviction of psychic Sylvia Mitchell for larceny and fraud opens up a welter of ethical, legal and religious issues. Law prof-blogger Ann Althouse is troubled by the result, writing,

“In my book, this is entertainment and unconventional psychological therapy. Let the buyer beware. Who’s dumb enough to actually believe this? Should the government endeavor to protect everyone who succumbs to the temptation to blow a few bucks on a fortune teller?”

Clearly not, and that’s where courts and states generally land in this matter, as in the case I wrote on three years ago, Nefredo v. Montgomery County. There the courts ruled (in Maryland) that it was an infringement of free speech for Maryland to ban what is, for most, just an exercise in supernatural entertainment. But the New York case involved a little bit more than that: Mitchell apparently bilked some clients out of significant amounts, getting $27,000 from one in an “exercise in letting go of money,”  $18,000 from another to put in a jar as a way to relieve herself of “negative energy,” and thousands from other clients to purchase “supplies” for various rituals—what does the eye of a newt go for these days?

Admittedly this seems to cross the line from harmless, if stupid, entertainment into preying on the stupid and gullible, but that doesn’t convince Althouse that the conviction, or the prosecution is a legitimate use of government power. She reminds us about the Supreme Court case of U.S. v. Ballard, in which the Court upheld the conviction of a faith healer for fraud. The SCOTUS majority, headed by William O. Douglas, held that if the faith healer didn’t believe in her claimed powers, then she was a fraud, and thus could be prosecuted under the Constitution if she used a claim of false powers to take money from her clients. In a sharp and thought-provoking dissent, Justice Robert Jackson wrote in part… Continue reading

Down The Rabbit Hole Again With Hank

Forgive Hank, sir....he only watches TV, and besides, he's a twit.

Forgive Hank, sir….he only watches TV, and besides, he’s a twit.

Another day, another annoying Washington Post TV review from Hank Stuever. When I last checked in on Hank as he was practicing his craft, he was ridiculing the concept of young parents committing to the care of an unplanned baby without considering abortion. Today, he’s just trying to make his readers as ignorant as he is.

I suppose there no requirement that a TV critic be conversant in literature…but there should be. All drama and entertainment is constrcted on the foundation of the stories and traditions that came before them, and while one can critique popular culture while being ignorant of everything between Beowulf and All in the Family, one cannot do so competently or professionally, both of which, as the TV critic for a major newspaper, Stuever is obigated to do. This is especially true when he presumes to critique a new TV show based on literature, however lightly, as  ABC’s new “Once Upon a Time in Wonderland” is.

Right off the bat, Hank lets us know that he knows diddly about Lewis Carroll’s strange and wonderful classic, getting “Alice in Wonderland” confused with its (equally brilliant) sequel “Through the Looking Glass.”  Hank speaks of “Lewis Carroll’s 1865 story of Alice, the girl who stepped through the Looking Glass and saw all those freaky things — rabbits, Mad Hatters, worms, Cheshire cats, etc.”  But Alice never saw any of those things when she stepped through the looking-glass, for that is a different book. “Rabbits, Mad Hatters, worms, Cheshire cats, etc.” were encountered by Alice when she fell down the rabbit hole, one the few things the Disney animated version got right. (By “worms” I’m guessing Hank ie referencing the hookah-smoking caterpillar, which is not a worm. Does Stuever know? Is he just showing contempt for the book and its characters? As Hank would undoubtedly say, “Whatever.”) Continue reading

Heeeeeeeeeere’s JOHNNY’S BETRAYAL!!!!

henry_bushkin_johnny_carson

Lawyers are forbidden by the ethics rules of their profession in every state from divulging the secrets of their clients, their former clients, or even their dead former clients, except in the rare circumstances when doing so will save a life or prevent a crime, and often not even then. Client confidences include all information a lawyer learns about a client in the course of the representation whether or not it is germane to the representation or not, if the client would be embarrassed by the information or would want it to remain secret.

The duty to maintain client confidences goes to the core of the professional relationship between citizens and their lawyers, and any attorney who breaches it not only harms his or her client but undermines trust in the entire profession as well. So sacrosanct is the duty that a Massachusetts court agreed with the Fall River law firm that represented Lizzy Borden in her famous murder trial, when Lizzy’s heirs tried to force it to reveal whether she did, in fact, “give her mother forty whacks” (and her father forty-one) with an ax, that it could not reveal Borden’s secrets even in the interests of history.  The firm, said the court, was quite correct: Miss Borden hired it based on its lawyers’ assurances that her secrets were safe with the firm forever, and to allow otherwise now, even a century after the crime, would betray her trust and undermine the profession’s integrity. The Massachusetts Bar agrees.

So how can it be that Henry Bushkin, for decades the late Johnny Carson’s personal lawyer and thus charged with keeping the secrets of the famously reticent comic’s personal life, is now publishing a tell-all book filled with juicy stories about his conveniently dead client? Continue reading

Ethics Dunce: “Saturday Night Live” Cast Member Jay Pharoah

Maya Rudolph being Oprah, being funny, and nothing else should matter.

Maya Rudolph being Oprah, being funny, and nothing else should matter.

In a spontaneous call for more black cast members to be added to NBC’s long-running late-night satire show, “Saturday Night Live,”  veteran cast member Jay Pharoah told an entertainment reporter that he wanted the producers to add actress Darmira Brunson. “Why do I think she should be on the show? Because she’s black first of all, and she’s really talented,” Pharoah said. “She’s amazing. She needs to be on ‘SNL.'”

By logic, rights and justice, Pharoah should be fired for such a statement. He is pushing his show, and therefore his producers and his bosses, into a controversy that they neither want, need, nor deserve. Sure enough, his comments have already ignited debate and commentary in major dailies and in the blogosphere. He can’t be fired, of course—no producer in Hollywood would dare fire a black performer for advocating politically correct causes like diversity and affirmative action, no matter how inappropriate and unfair his comments were—and Pharoah knows that. Breaking reasonable rules of the workplace—criticizing your own boss in public and causing trouble for your employer are pretty basic taboos—because you know you’re immune from punishment doesn’t make the conduct any better.

He’s not the producer, and casting isn’t part of his job. To announce his own candidate for a hire is as outrageous and out-of-bounds as for a Pentagon general to tell reporters who President Obama should appoint as his Secretary of Defense.

Then there is the  statement itself, which in the context of entertainment and show business, is an endorsement of racial bias and discrimination, even more than with most workplace diversity and affirmative action advocacy. “Because she’s black first of all?” First of all must only be “because she’s funny, and the funniest female comic available.” Saturday Night Live’s goal, which it fitfully achieves, is to make its audience laugh. If Brunson is the best performer to accomplish that, then it makes sense to hire her. Her skin color is irrelevant, except to the extent that it opens up comic opportunities for the show. Otherwise, Brunson is pressuring his employers to hire Brunson over  superior white, Hispanic or Asian performers because of some theoretical diversity formula.

The resulting media focus on the imaginary problem to which Pharoah’s comments alluded is full of reflections, names and statistics, but the basic facts are these:

  • Professional performance comedy is completely utilitarian: if a cast entirely made up of black performers of any gender mix could be shown to be the optimum way to get laughs, ratings and make money for the network and SNL’s producers, that’s what we would have.
  • A funny, talented, improvisational skilled black actress has obvious benefits for a weekly satire show, as the reign of Maya Rudolph amply demonstrated.  There is no reason to presume that the producers would not immediately hire such a performer if one was available.
  • The pool of top-rate improvisational comic actors in general isn’t large (if it were, SNL would be funny more often), the pool of such performers who are African-American is much smaller, and the number of female black improvisational comics is tiny. When the African-American Wayans brothers wrote and produced their own satire show (Jim Carrey was the token white), they included only one full-time black female in the cast, and she was their sister (also the weak link in the cast.)

We can argue about the general principle of affirmative action at another time and place, but applying them to entertainment, sports or any field that must be a pure meritocracy is irresponsible and unfair. Saturday Night Live “needs” funny, talented performers who its audience finds funny…like, say, Eddie Murray. It does not need any black performer, male or female, just to have more black performers, and to take away performing and career opportunities from superior performers whose sole deficit is skin color or ethnicity while simultaneously getting fewer laughs and lower ratings.

Oddly, nobody has ever argued that Saturday Night Live discriminates against improvisational comic actors over the age of 35. Only once has it cast an actor of that age—Randy Quaid, in 1985. 1985 was also the most disastrous and unpopular season in the show’s history. Why no middle age or senior cast hires?  The reasons are legion: 1) Improv comedy is demanding physically and psychologically. Few older performers practice it, or are capable of doing it on a regular basis. 2) SNL’s audience is very young (as well as very male and white). Comedy is generational. 3) Older performers are seldom “new faces.” The ensemble’s called the “Not Ready For Prime Time Players” for a reason. 4) Young actors playing older real life figures and comic characters can be funny; old actors playing younger celebrities or characters is seldom funny, and often creepy. Age diversity, in brief, would not improve Saturday Night Live. Diversity is only an asset to the extent that it allows more comic opportunities. The U.S. does not require, not should ikt ask for, a contemporary satire TV show that “looks like America.” What  it needs is a show that is good.

All of which makes Pharoah’s comments irresponsible, unfair, disloyal, and racially offensive.

And not funny.

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Sources: Washington Post, Policy Mic

Graphic: Hello Giggles