Comment Of The Day: “Not Cakes, But Advocacy: The Tenth Circuit Rules That Compelled Expression Is Constitutional”

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I often feel like issues and discussions fly by too quickly on Ethics Alarms, as trivial matters like an old Star Wars fanatic’s vulgar window sign and the desperate efforts to frame a celebrity gymnast’s ill-timed choke blot out the ethical controversies that are most important to ponder and understand. Fortunately the commenters here often take steps to ameliorate that flaw, as veteran reader Dwayne N. Zechman does here. His Comment of the Day amplifies a post from a week ago that came in the middle of the earth-shattering question of Simone Biles’ “twisties” and only inspired 22 comments other than mine (my replies to comments don’t count). This, despite the fact that, to evoke Ben Bradlee (Jason Robards) at the end of “All the President’s Men,” nothing’s riding on what a Federal Appeals Court ruled in the case at issue “except the First amendment to the Constitution…and maybe the future of the country.”

Here is Dwayne’s Comment of the Day on the post, “Not Cakes, But Advocacy: The Tenth Circuit Rules That Compelled Expression Is Constitutional.”

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So . . . true story:

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End Of Week Ethics Bombs, 8/6/21

Hiroshima

August 6, 1945 is one of the most important ethics days of all, and among the most controversial. The United States bomber Enola Gay—now on exhibit in a hangar near Dulles Airport, dropped the first atomic bomb on the Japanese city of Hiroshima. Approximately 80,000 people were killed in seconds, and another 35,000 were injured. More than 60,000 would be dead by the end of the year from the effects of the fallout. Was the launching of the nuclear age by the United States ethically justified to save American lives (an invasion of the Japanese mainland had been estimated to risk a million U.S. casualties) and end the war? Was President Harry Truman guilty of a war crime, as non-combatants, including children, constituted most of the deaths? Did the horrible results of the new weapon prevent World War III, or make it more likely? These are still intensely debated questions by scholars, historians, theologians, military strategists, philosophers and peace activists.

1. Well, I’ve been spoiling for a fight, shopping around Northern Virginia and fining myself one of the few unmasked. So far, nobody’s said a word, but anyone who does is in for it. I’ve been vaccinated twice and probably had a mild, symptom-free infection before that. I have always been unusually resistant to viruses. Mask fog up my glasses and make me miserable. If you have chosen not to get your shots, swell, that’s your choice, but your exercise of personal liberty is not going to restrict mine without a fight. And don’t tell me I have to wear a mask so phobics feel “safe.” That’s not my problem either. I am not inclined to “social distance,” either. The mask fetish is going to strangle community, society and the joy of life unless we draw some hard lines. I’m drawing.

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Comment Of The Day: “Sunday Ethics Warm-Up, 8/1/2021: Simone Biles-Free Zone Edition!”[Item #2]

David Rohde, a talented theater profession in the Washington, D.C. area and one of the smart ones too, has some thoughtful observations on the performing arts world’s adjustment to the Wuhan virus. Here is his Comment of the Day on Item #2 in “Sunday Ethics Warm-Up, 8/1/2021: Simone Biles-Free Zone Edition!”

I’ll be back at the end to return is volley on the future of live theater…

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I agree with you that the universal masking requirement at Broadway theaters is likely to depress sales, even among those patrons who don’t yet think it matters. When they actually decide whether to go or not, hesitation is likely to creep in. I’ve been to several masked (and, in these cases, distanced) performances of things during the pandemic, and a universal feeling among the performers – who, yes, sense the audience even if there’s a “fourth wall” involved – is that it’s an odd atmosphere because they can’t read facial reactions.

It appears that performing arts presenters in general are trying to get “through the moment” by issuing clear, simple rules to get their institutions reopened. But if you really want to see a furious reaction, check out what happened after the Metropolitan Opera followed up its earlier announcement of required proof of vaccination with an edict that all children under 12 would simply be banned from the building. (As opposed to Broadway’s approach that families can bring proof of a negative test for their kids who are not yet eligible for vaccination.)

You can argue that fewer operas are geared toward attendance by children of those ages than musicals. But the Met’s announcement appeared to touch several cultural third rails, from an accusation that the opera company was acting in almost a Salem Witch Trials manner to a reaction that the Met was killing all global efforts to prove that opera isn’t only for old people. People posted photos on Twitter (I know I know, Twitter) of having taken 10-year-olds to the Met to introduce them to opera, and numerous people pointed out that actually quite a number of famous operas feature children’s choirs somewhere within their plots. The Met actually has a number of distinct challenges in opening its season on time, and this reaction, even leaving aside the obvious trolls and Twitter fakers who are reacting on that platform, is yet one more hurdle.

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Trump To The Patriotic Pro-Vaccine Rescue? Of Course Not. And Try As I Might, I Can’t Blame Him

burning-bridge

I have now read many articles, almost all of them from pundits who for five years heaped the most abusive rhetoric on the previous President of the United States that any POTUS has had to endure, that Donald Trump should join President Biden, or Barack Obama, or even George W. Bush for a national, joint appeal to the vaccinated to do the right thing for their nation, swallow their fears, and get their shots. Writes one Trump-detesting letter writer to the Times this morning (well, the odds are high that anyone who writes to the Times is Trump-detesting”) who imagines an Obama-Trump Kumbaya PSA spot where a smiling Trump sits next to Barack and says, “We hardly agree on anything , but we do agree on one thing: You should get the Covid vaccine now!” “It just takes two grown men to do it!” the saddened patriot concludes.

Sure, in a vacuum, this fantasy seems reasonable. In reality, it can never happen, and I find myself gravitating to an unethical position that says that if Democrats like Biden and Obama, or Bush, really want Trump to join with them on anything but especially this, they should have to pay a large, painful and probably unpalatable price.

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Presenting The Complete Fake Voice Ethics Verdicts

Voiceprint

In Roadrunner: A Film About Anthony Bourdain, filmaker Morgan Neville,examines the life and death of the famous TV chef Bourdain. In the process of doing so, he introduced a new documentary device: using Artificial Intelligence to simulate Bourdain’s voice.

In a recent interview with the New Yorker, Neville explained that he used AI to synthetically create a voiceover reading of a Bourdain email that sounded like Bourdain was the reader. He engaged a software company and provided about a dozen hours of recordings, allowing them to create a convincing electronic version model of Bourdain’s voice. That voice reads three lines in the film, including an email sent to a friend by Bourdain: “My life is sort of shit now. You are successful, and I am successful, and I’m wondering: Are you happy?” But Bourdain, of course, never read that or any of the other three lines, to which Neville’s message to viewers is “Nyah, nyah, nyah!” “If you watch the film … you probably don’t know what the other lines are that were spoken by the AI, and you’re not going to know,” he said.

Well, critics, including Ottavia Bourdain, the chef’s former wife, objected to the ethics of an unannounced use of a “deepfake” voice to say sentences that Bourdain never spoke.

I was going to make this an Ethics Quiz, and then after thinking about for a few seconds, decided that the issue doesn’t rate a quiz, because I’m not in nay doubt over the answer. Is what Neville did unethical?

Yes, of course it is. It is unethical because it deliberately deceives listeners into believing that they are hearing the man talking when he never said the words they are hearing. It doesn’t mitigate the deception, as Neville and his defenders seem to think, that Fake Bourdain is reading the actual unspoken words in an email. It’s still deception. Is the creation and use of a zombie voice for this purpose also unethical, like the creation of CGO versions of famous actors to manipulate in movies they never made, discussed (and condemned) here?

That’s a tougher call, but I come down on the side of the dead celebrity who is being made into an unwilling ventriloquist’s dummy by emerging technology.

This would be a propitious time to point out what is ethical and what isn’t when it comes to using a dead celebrity’s voice, real or fake, in various forms of communications and education:

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Ethics Hero Emeritus: Rose Valland (1898-1980)

Rose-Valland

The remarkable 2008 documentary “The Rape of Europa” tells the story of the Nazi plundering of fine art across Europe. It is full of many accounts of heroism, none more impressive than that of Rose Villand, a meek-looking librarian out of central casting, who is as perfect and example of how ordinary people can rise to extraordinary levels of courage and innovation in times of crisis.

Rose Valland was born in Saint-Étienne-de-Saint-Geoirs, France on November 1, 1898. She earned two degrees in the arts from the École des Beaux-Arts in Lyon and also studied at the École des Beaux-Arts in Paris, then added degrees in art history from both the École du Louvre and the Sorbonne. Her academic credentials, however, did not immediately advance her career, as Valland began work at the Jeu de Paume Museum in Paris as an unpaid volunteer.

In October 1940, during the Occupation of Paris, the Nazis commandeered the Jeu de Paume Museum and converted it into the headquarters of the Einsatzstab Reichsleiter Rosenberg, or ERR, the Nazi art looting organization created by frustrated artist Adolf Hitler. There The Nazis stored paintings and other works of art stolen from private French collectors and dealers, including thousands of works taken from Jewish-owned galleries. The museum’s collaborating curator, Andre Dézarrois, fell ill in the summer of 1941, and in a stroke of fate for civilization, Valland became the de facto director of the museum. Jacques Jaujard, Director of the French National Museums including the Louvre, gave Valland a daunting assignment: she was to use her post in the museum to spy on the Nazi art theft operation.

The Germans, as explained in “The Rape of Europa,” took scant notice of the “little mouse” of a woman who kept her head down, seldom spoke, and appeared to follow orders. They didn’t even realize that she spoke German, but under their noses she was acquiring crucial information from the conversations of drivers, guards, and packers relating to the looted art treasures…60,000 of them. Villand witnessed the frequent shopping trips of Nazi Reichsmarshal Hermann Goering as he made more than twenty separate visits to the Jeu de Paume to select works of art for Hitler’s planned Führermuseum in Linz, Austria, and his own personal collection. Possessing a remarkable memory for details, she recorded her discoveries regarding the movements, names of the victims, number of pieces and where they were going, names of the agents responsible for transfers, names of the carriers, brands of the boxes, numbers and dates of convoys,as well as the names of the artists and the dimensions of the pieces that passed before her. She relayed the information to Jaujard and the French Resistance while keeping her own meticulous records. She warned the Resistance of convoys containing important artworks so that they would be spared, all while knowing that she would be executed as a spy if her activities were discovered by the Nazis—and at least twice, they nearly caught her.

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The “Hello, Friday! I Thought You’d Never Come!” Open Forum

Robinson and Friday

I was looking for Robinson Crusoe and Friday illustrations, and boy, if they thought that Teddy Roosevelt statue that’s they’re taking down in New York City radiated white supremacy, they hadn’t checked out Daniel Defoe’s masterpiece lately. Is that novel ever read in school any more? (It’s a terrific novel, and one of my Dad’s favorites…and he read everything.) With “To Kill A Mockingbird” being banned in some schools, I wonder how much literature will be sacrificed to political correctness and The Great Stupid. And how many pop culture nuggets…I was alternately amused then shocked to hear the 1957 Australian goof “Tie Me Kangaroo Down” played on Sirius XM, for the song is hilarious as well as racially insensitive to the max with this verse (remember that the song purports to quote the last requests of an old Aussie stockman on his deathbed):

Let me Abos go loose, Bruce

Let me Abos go loose

They’re of no further use, Bruce

So let me Abos go loose!

I just checked:one of the lyrics websites excised that verse while claiming that it was printing the whole song.

But I digress. Write about anything you want, as long as it has an ethics theme…

Two From The “When Ethics Alarms Don’t Ring” Files: The Women

Soul Cap

I. The Cap.

There aren’t a lot of competitive black swimmers, for a number of reasons, but wouldn’t you think that authorities in the swimming field would have some sensitivity to their special needs when the situation presents itself? I would, or did, and is often the case, I was wrong.

A women’s swim cap designed for African-American hair, called the Soul Cap (above), is meant to accommodate the thicker, curlier hair of black women to provide a better fit and protect hair from chlorine. Ahead of the Summer Olympic Games in Tokyo which begin later this month, the International Swimming Federation (FINA) banned the use of the cap,  ruling that “athletes competing at the international events never used, neither require to use, caps of such size and configuration,” and that the Soul Cap does not follow “the natural form of the head.”  This is, of course, ridiculous, since the number of black women who have competed in swimming events in the Olympics can be counted on the fingers of one hand, so of course the caps break with tradition and common use. Whatever their bone-headed logic, how could the FINA hacks not figure out that such a ruling would appear tone deaf at best and racist at worst, especially in the middle of the George Floyd Freakout?

After the completely predictable (and fair) backlash, now the body says that it is “currently reviewing the situation with regards to ‘Soul Cap’ and similar products, understanding the importance of inclusivity and representation.”

There have never been any allegations that the caps confer any competitive advantage. This is how people with dead ethics alarms fuel claims of “systemic racism.”

II. The All-Women Broadcast Team

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Sunday Ethics Shots, 7/11/2021: A Rescue, Larry Vaughn In Tokyo, Joe Trippi Trips, And “La Bamba” Meets Calvinball

Alexander Hamilton died on this date in 1804, in a bizarre episode in U.S. history with profound ethical and political implications. There Aaron Burr fatally shot dead the nation’s first Secretary of the Treasury and essential political thinker in an illegal duel at Weehawken, New Jersey. It was, of course, unethical to break the law, especially for these two men, who qualified as national leaders. Hamilton’s son had died defending his father’s honor in 1801 at the exact same spot (What was Alexander thinking?)

According to Hamilton’s “second,” Hamilton deliberately fired his weapon into the air rather than at Burr, a gentlemanly gesture and also a profoundly stupid one, if Hamilton believed half the things he had said and written about Burr’s character for years. This was why they were dueling, after all. Burr’s second claimed that Hamilton fired at Burr and missed, and the more I’ve thought abut this, the more I’ve come to believe that this is the more likely scenario. Hamilton was anything but naive, reckless or stupid. Yes, he was a crack shot, but anyone can miss. Even if the gesture of “throwing away his shot” as “Hamilton” puts it, would have impressed some adversaries and been seen as a display of mercy and an offer of reconciliation, it made no sense at all with this adversary. Moreover, Hamilton considered Burr a threat to the nation—he was right about that—why wouldn’t he shoot him? Whatever really happened, Burr, who had the second shot, killed Hamilton with a ball that went through his stomach into his spine. Hamilton died the next day.

This ended Burr’s political career: Would killing Burr have ended Hamilton’s? Probably, but Burr was the one who had issued the challenge. Maybe Hamilton would have been excused by the public. Maybe he would have ultimately become President; all the Founders of his magnitude except Ben Franklin did. For good or ill, Alexander Hamilton would have been a strong and probably transformative leader. But if he hadn’t died at Weehawken, it’s unlikely that we would have “Hamilton” the musical….

1. Baseball, hotdogs, and a bystander hero. Dr. Willie Ross, the father of Washington Nationals pitcher Joe Ross, saved the life of a choking fan midway through yesterday 10-4 Giants win over Washington at Oracle Park in San Francisco. Ross saw that a female spectator was choking, and when Ross came over to her seat to check on her, she couldn’t talk. Ross helped dislodge two pieces of a hot dog by using the Heimlich maneuver, then reached into her throat to take out the third and final piece. The woman, who is a nurse, could breath and speak at last. Ross received a standing ovation from nearby fans.

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The Hunter Biden Ethics Time Bomb

Hunter Biden painting

How long before the sad and seamy saga of President Biden’s desperate, influence-peddling son blows up in Joe’s face? It would have and should have already, but the mainstream news media has scrupulously refused to publicize, much less investigate, the many hints of family-level corruption emerging from the First Family Black Sheep’s emails. The latest development is Hunter Biden, the Acclaimed Artist. No, that isn’t a microscope photo of the Wuhan virus above—that’s a Hunter Biden masterpiece. How much would you pay to have that hanging in your living room? (How much would you pay NOT to have that hanging in your living room?)

A New York gallery owner, Georges Bergès, is planning to offer Hunter’s artwork to buyers for prices ranging from from $75,000 to $500,000, despite the fact that art critics have described Hunter’s paintings as “not bad” at best, and “generic post zombie formalism illustration” at worst, which was the assessment of art critic Jerry Saltz in Artnet News. Scott Indrisek, the former editor in chief of Modern Painters magazine and a former deputy editor at Artsy, said: “I would call it very much a hotel art aesthetic. It’s the most anonymous art I can imagine. It’s somewhere between a screen saver and if you just Googled ‘midcentury abstraction’ and mashed up whatever came up.”

So why would anyone pay so much for paintings by someone who has no professional training and has never sold art on the commercial market? You know why.

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