Business & Commercial

When Artistic Boldness Is Unethical: The “Merrily We Roll Along” Movie

/ Jack Marshall / 44 Comments

In an epic and unprecedented project, auteur director Richard Linklater will direct a film adaptation of “Merrily We Roll Along,” the cult 1981 Sondheim musical fashioned from the 1934  George S. Kaufman and Moss Hart Broadway play.

The production, which will begin next year,  will take 20 years to shoot, so the actors can age with their characters. You see, the story in “Merrily We Roll Along” is told backwards, with the audience meeting the characters as jaded middle-aged adults, and then watching how they got where they are, until they are seen as idealistic young students preparing to go out into the world. Linklater is probably correct that this is the only way to film such a plot credibly, and he is a bold and courageous artist to commit to an artistic endeavor requiring such a long time commitment, extreme expense, and uncertainty.

He’s also deluded and irresponsible. The project will cost many millions of dollars, and tie up not only his talents but many others to varying degrees over 20 years. The film is quite likely never to be completed, and if it is, likely not to be any good. Even if it is good, it will have no market, and is guaranteed to lose money. Continue reading →

Comment Of The Day: “Comment Of The Day, From The Epic Commenter Donnybrook In This Week’s Open Forum”

/ Jack Marshall / 47 Comments

The other primary combatant in the comment donnybrook referred to in the title (Humble Talent was the one noted in the previous COTD post) was Steve Witherspoon. In his Comment of the Day he references the crux of the dispute without actually referencing the dispute itself. His ever-green topic: the misuse of statistics:

Here is another reason that I dislike the use, or better yet the misuse/abuse, of statistics.

As we all likely know banks are routinely audited by outside sources to check for accuracy. Yesterday I got a piece of mail from a company that I’ve never done business with and I’ve never heard of. The mail was sent from a non local city that I wouldn’t be expecting mail from because I don’t know anyone who lives there and I don’t do business with any company from there. I opened it and found a single piece (3½” X 8½”) of paper with the printed logos from our local bank and the following statement on the top…

“Our Auditors have selected the following account for verification. Please review the information shown below and furnish details of any discrepancy to: [company name and address]. If information is correct, no action is needed.”

Then the paper included our home mortgage account number, interest rate, maturity date, and current balance as of a specific date that was mid month between payments. I read it a couple of times to confirm what I read, then I looked at my wife and said “These people are idiots.” Continue reading →

Saturday Night Ethics Dump, 8/31/2019.

/ Jack Marshall / 21 Comments

Still trying to clear the ethics Augean stables…

1. Fox News headline: “The Dangers of Vaping.” Fake news! The story following that headline explained that teens were falling ill of serious lung difficulties after using what we once called “electronic cigarettes” to inhale THC. There is little convincing evidence that using e-cigarettes as they were designed to be used causes any lung problems. Thus the headline is as accurate as leading off a story about tainted beef with “The Dangers of Eating.”

2.  Another old ethics question comes around again. In 2017 I questioned the wisdom of the Miami Marlins baseball team loudly honoring the memory of Jose Fernandez, a rising pitching star who got himself and others killed by driving his speed boat while under the influence of drugs and alcohol. died July 1 in his hotel room

There is a level of recklessness, irresponsible conduct, arrogance and stupidity that cannot be excused, and whatever the level is, Fernandez exceeded it. The fact that he was killed himself was moral luck: imagine if only he had survived. Fernandez would be facing homicide charges and serious prison time….and would deserve it all. He had a family, a child, a city, a baseball team, and a sport all relying on him, and he decided to risk it all for coke, booze, and a speed boat ride, killing not only himself but two other human beings, who had families and responsibilities of their own. He was  no hero. He was a deadly, selfish, asshole.

No other message should be sent to the kids who once admired him that that one. Honoring Fernandez now would be a particularly ugly example of The King’s Pass or The Star Syndrome, Rationalization #11 on the list. A non-celebrity did what Fernandez did would be guaranteed posthumous infamy. The fact that the pitcher was a baseball star doesn’t make him better than that; if anything, it makes him worse.

Now we learn that Anaheim Angels pitcher Tyler Skaggs, a 27-year-old Angels pitcher who died on July 1 in his hotel room,  perished because he had mixed multiple opioids with alcohol. The Red Sox are playing in Anaheim, and the Angels players are all wearing tributes to Skaggs on their uniform, a prominent “45.” True, Skaggs didn’t get others killed by his irresponsible behavior, but his death was still the result of conduct that needs to be discouraged, condemned, and certainly not romanticized. The Angels can honor their dead team mate privately, but a public display that suggests that Skaggs’ death was anything but a self-made tragedy send a dangerous and irresponsible message. Continue reading →

One More Time: A Correct Decision Because There Is A Right To Be A Jerk, Even Though Being A Jerk Isn’t Right

/ Jack Marshall / 34 Comments

This decision should have been easy; it should not have has to go to an appeals court.

Carl and Angel Larsen (above) operate the Telescope Media Group, a Minnesota videography company.  In 2016, they claimed  Minnesota’s anti-discrimination laws required them to make videos of same-sex marriages, which they say their religious beliefs oppose. They challenged the Minnesota Human Rights Act as unconstitutional. The relevant provisions state,

“…It is an unfair discriminatory practice . . . to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation because of . . . sexual orientation.

…It is an unfair discriminatory practice for a person engaged in a trade or business or in the provision of a service . . . to intentionally refuse to do business with, to refuse to contract with, or to discriminate in the basic terms, conditions, or performance of the contract because of a person’s . . . sexual orientation . . . , unless the alleged refusal or discrimination is because of a legitimate business purpose…”

The Larsens told the lower court that they wanted to make films that promote their view of marriage as a “sacrificial covenant between one man and one woman.” Thus they will only film heterosexual  weddings, to “capture the background stories of the couples’ love leading to commitment, the [couples’] joy[,] . . . the sacredness of their sacrificial vows at the altar, and even the following chapters of the couples’ lives.” They also, they said,  intend to post and share these videos online, in order to “affect the cultural narrative regarding marriage.”

 U.S. District Judge John Tunheim  dismissed their case, comparing  their stated mission of  promoting marriage as a bond between one man and one woman was comparable to posting a sign that said “white applicants only.”

Bad opinion, bad logic, bad judge. The couple made clear that they will “gladly work with all people—regardless of their race, sexual orientation, sex, religious beliefs, or any other classification.” However, as ” Christians who believe that God has called them to use their talents and their company to . . . honor God,” the Larsons decline any requests for their services that they feel conflict with their religious beliefs, and so state in their promotional materials.

In a 2-1 decision,  the three-judge panel of the Eighth Circuit reversed, ruling that the Larsons have a First Amendment right “to choose when to speak and what to say.”

Of course. While one may argue whether a cake is “speech” under the First Amendment, there is no persuasive argument that a video or film is not protected communication and speech by definition. The opinion cited the U.S. Supreme Court’s 1995 landmark decision in Hurley vs. Irish American Gay, Lesbian, and Bisexual Group of Boston, noting that the Court “drew the line exactly where the Larsens ask us to here: to prevent the government from requiring their speech to serve as a public accommodation for others.”

As with the various baker and wedding photo cases, I find the Larson’s conduct obnoxious, divisive and unnecessary. How does simply filming a wedding—I don’t care if it’s between a man and a musk-ox—constitute an endorsement, support, or a violation of their religious beliefs? It doesn’t. It can’t. Refusing to make a video of a wedding is an insult to any couple that requests it, and cruelly implies that they are less than worthy of association. Sure, the videographers have a right to withhold their services, but they are being jerks to do so. This is a Golden Rule matter. A law shouldn’t be necessary.

However, the Larsons should have the choice of whether to be good, ethical members of the community, fair and compassionate, and not be forced to act the way the State thinks they should act, even if the State happens to be correct, under threat of  90 days in jail and up to $25,000  in fines. Continue reading →

Comment Of The Day: “Open Forum!” Thread On For-Profit Prisons

/ Jack Marshall / 7 Comments

Finally having the opportunity to read what the recent “Open Form!” necessitated by my enforced absence from blogging for two days, hath wrought, I encountered several deserving Comment of the Day candidates. I will be choosing the winner from the wonderfully entertaining rumble among multiple Ethics Alarms stalwarts on the alleged “school-to-prison” pipeline and a whole bundle of other ethics topics (proper treatment of elected officials on social media, appropriate treatment of citizen criticism by elected officials, and others) imminently, but for now, let’s focus on the topic of for-profit prisons, an ethics issue under-discussed here previously. In this case, the Comment of the Day format is especially useful, because this excellent post is buried deeply among  117 others.

Here is James M.’s Comment of the Day on the topic, from the open forum of 8/28/2019…

As someone who worked for the Arizona Department of Corrections for 25 years, I think I can fairly assess both the advantages and problems associated with privately-run prisons. Contracting with various companies to provide various prison services can produce some substantial cost savings to the public, but has some negative effects that aren’t always considered. The Arizona Department of Corrections privatized several different areas during my career there, including medical care, food service, and some rehabilitative programs. The department has also held portions of the inmate population in units run by private contractors.

Advantages of privatization included direct cost savings (with private prisons costing less per bed) and the ability to share prison construction costs with the contractor, allowing the construction to become part of a multi-year contract, rather than an up-front payment. The direct cost savings can be difficult to fairly assess, as contractors would often refuse to accept those inmates who were most expensive to house, either due to having major medical issues, a tendency toward harassment litigation, or membership in a prison gang. Since the private prisons had some security issues that led to inmate escapes, departmental staff also spent considerable time screening inmates before they would be considered for placement in the private prison units. The complaint from ADC staff involved in these assessments was that “Of course they’re cheaper! If I got to pick and choose only the inmates who were least difficult to deal with, I could run my unit more cheaply, too!” Continue reading →

Morning Ethics Warm-Up, 8/27/2019: Desperation

/ Jack Marshall / 45 Comments

Good morning.

1. Here is why the breast-beating about “doing something” about climate change is dishonest, disingenuous, futile and pointless. Brazil is telling the rest of the world, especially nations that developed their own economies with reckless impunity on the way to wealth and power, to back off its demands that Brazil stop burning its own rain forest. Of course it is taking this stance, and Brazil isn’t the only developing nation that will take that position and has every right to take that position.

Brazil’s defiance is also a definitive rebuttal to the argument that the United States should spend billions—trillions?—in virtue-signaling climate change policies that under the most optimistic scenarios won’t “fix” anything without mass cooperation by nations in Brazil’s position—and that’s not going to happen.

2.  The theory: somebody has to pay. A judge in Oklahoma yesterday ruled that Johnson & Johnson  intentionally hid the risks and hyped the benefits of opioids, ordering the company to pay the state $572 million in damages. This is the first trial of a drug manufacturer for the destruction wrought by prescription painkillers.

I don’t know if the verdict is fair, having not seen the evidence and heard the arguments. I don’t know that the verdict will hold up on appeal. The theory used by the state was questionable: the judge found that Johnson & Johnson perpetuated a “public nuisance” by  contributing to an ongoing public health crisis that could take decades to address successfully. Yet there was no proof offered that doctors who prescribed the drugs were misled, or that Johnson & Johnson violated federal drug regulations.

Public nuisance laws typically apply in cases where something interferes with a right common to the general public and results in danger on roads, parks,and other public areas, and not usually public health, which is what the state argued in this case. Johnson & Johnson’s lawyers contended that the state was contorting public nuisance law to the point of being unrecognizable. Of course, the same argument was made when product liability laws started moving beyond the “buyer beware” stage.

Not reading and hearing all the evidence, I can only wonder if this is case of deep pockets being held responsible for a tragedy that had no single, obvious villain. Doctors prescribed drugs approved by federal regulators, and the drug manufacturers supplied them, legally. Then citizens took the drugs, voluntarily, in a political and social culture that increasingly shrugs off drug use and abuse. Continue reading →

Monday Morning Ethics Warm-Up, 8/26/2019: Bad Business And Bad Businesses

/ Jack Marshall / 17 Comments

Whoa! A morning surprise!

As I commented on yesterday’s warm-up, traffic on Ethics Alarms was discouraging slow all weekend, which, as some of you know, makes me re-evaluate my priorities and ponder throwing myself into the shredder. Then, I discover, at some point last night the Mitch McConnell post was linked someplace that has a much bigger audience than I have, and just like that, the blog got more visitors in a couple of hours as the weekend weekended than it had in the previous two days. As is usually the case, it is impossible to find out where the referrals are coming from (except I know they aren’t from Facebook!), virtually none of the new visitors are commenting, and the temporary avalanche spawns few new followers, if any. I never know when this is going to happen, and it almost never occurs with the essays I am most proud of or consider especially important.

1. Of course they booed. They’re NFL football fans. This means they have the ethics of army ants. Andrew Luck, the star quarterback of the Indianapolis Colts, stunned the sport with his unexpected decision to retire from the NFL, even though he is only 29 and completed a stellar campaign in 2018. The reason: he doesn’t want to end up crippled or a vegetable from the abuse his body and brain have absorbed and will continue to the longer he stays on the field. not having them anymore after the way fans in Indianapolis treated him after the  on Saturday.

As Luck began to make his way off the field following the 27-17 loss in the Colts’ preseason game against the Bears, fans at Lucas Oil Stadium started to boo their former quarterback because the news of Luck’s retirement broke during the fourth quarter of the game. Of course they booed. Anyone who watches the NFL and supports an NFL team by purchasing tickets, merchandise, or inflating league ratings by watching the games on TV has signaled that they are perfectly happy to encourage young men to ruin their bodies and minds for their selfish entertainment, safe in their seats or on their living room sofas.

2. More on the Left’s undemocratic effort to stifle free speech and opposition to its agenda…Tucker Carlson—I am not a fan, you will recall—returned to his Fox News show after a vacation that seemed more like a retreat from fire to find that the Media Matters-led sponsor boycott  of his show had taken more chunks out of his sponsor base.  Continue reading →

Thank God It’s The Friday Ethics Warm-Up, 8/23/ 2019

/ Jack Marshall / 16 Comments

(Dreary, gloomy day outside; working on having a brilliant day inside.)

1. Feeling guilty about the Red Sox. I haven’t watched or listened to a game in over two weeks. The reason is that it’s just not fun, it’s too stressful, and I am already stressed to the max with non-baseball matters. I’m fairly sure this is the longest voluntary sabbatical I have ever taken from my team, and it is my team, throughout 80% of my life, a constant presence, inspiration and source of enlightenment. I have never relied on the team winning to justify my interest and loyalty. I just love the game, the suspense, the players and the endless supply of unpredictable stories and surprises.

BUT…this season has been uniquely frustrating. The Red Sox won 108 games last season on the way to the World Championship, and it was, especially by historical Red Sox standards, an insanely enjoyable ride. Virtually everything went perfectly, over the season, in the play-offs, in individual games.Whatever was needed to win, somebody always came through: it was like a movie. Baseball isn’t usually like that (well, except for the Yankees for about 50 years). I even said at the time, as my wife reminds me, “The Sox are going to pay big time for this one.”

Boston was confident coming into 2019 with virtually the exact same sqaud that had been unbeatable in 2018. Regression to the mean, however, is a force of nature, and especially with this team, for some reason. Since 1918, every single time the Sox have won the American League pennant, the next season was a bust, and often a horrible bust. Devastating injuries, unexpected bad years, clubhouse dissension, astoundingly bad luck: I’ve seen it all, and before, I’ve endured it all as a fair price to pay for the joys of the past and to come. This season, for some reason, I can’t take it, and I feel like an ungrateful wretch.

2. Got it: slavery is the cause of everything bad in the United States, and all whites want black people to get sick and die. Does anyone who can think clearly think this latest bit of dishonest guilt-tripping propaganda is going to help Democrats prevail, rather than  just harden racial and partisan divisions? Continue reading →

Morning Ethics Warm-Up: The “I Should Be At The Beach” Edition…

/ Jack Marshall / 34 Comments

Good Morning!

Is everyone vacationing this week but me? I can detect such things from blog traffic—this week has been sparse. Unfortunately this is the legal ethics CLE busy season, so I have been furious preparing materials for three new three-hour programs: “The Legal Ethics Mine Field,” “Legal Ethics Squeeze,” and a new musical ethics seminar for the New Jersey Bar Association, “Ethics Blues,” with the talented Esther Covington. It features legal issues-stuffed parodies of such songs as “Copacabana,” “Sweet Caroline,” “Piano Man,” “You Made Me Love You,” “Isn’t It Romantic” and “Let it Be,” among others. I’ve been writing parody song lyrics since I was 9, and much as I enjoy it, it is mentally exhausting in a way nothing else is.

1.  The anti-Trump news media is all a twitter because former GOP Congressman Joe Walsh might challenge President Trump for the nomination. Joe Walsh!  He’s the only member of Congress ever designated a fick by Ethics Alarms, in this post, about how Walsh, a Tea Party fiscal responsibility hawk who once lectured Barack Obama about how he was placing a burden on the backs of Walsh’s children, owed  $117,437 in unpaid child support to his ex-wife and those already burdened, kids, three of them. For this and other transgressions he was defeated for re-election, and Joe’s now a talk show host, presumably with the same audience that took guidance from former radio bloviators Ollie North and Gordon Liddy.

2. On the innocent until proven guilty front…there has been a spate of defamation lawsuits lately in which priests accused of sexually molesting boys accuse the Catholic Church of ruining their reputations based on publicizing unsubstantiated accusations of pederasty.

A Fresno, California priest,  Craig Harrison, who is facing multiple allegations of sexual abuse, is suing an established  Catholic watchdog group Roman Catholic Faithful (RCF). seeking “unlimited” damages as a result of RCF President Stephen Brady’s “appearance at a press conference in Bakersfield” that addressed “allegations of sexual misconduct” made against Harrison. The lawsuit and summons were filed this month after the Bakersfield Police Department (BPD) concluded an investigation that it said  exonerated Harrison. Brady says that the lawsuit may be intended to discourage other ongoing RCF investigations. Continue reading →

Insomnia Ethics Dump, 8/19/2019 (at 3:16 am): What Keeps Me Up At Night

/ Jack Marshall / 32 Comments

Hi.

So depressing to observe the reactions of the Facebook Borg to my post about Elizabeth Warren’s self-outing as a lying demagogue. They couldn’t process it; they put their metaphorical fingers in their ears and hummed; they attacked the messenger (me); they channeled the generally-derided Politifact whitewashing of the “Mike Brown was murdered” lie. One lawyer friend apparent deep-dived Ethics Alarms to try to  find a post that would contradict my position regarding Warren (and Kamala Harris). She couldn’t, but pretended she had by metaphorically waving an essay in which I applauded a man acquitted of murder by reason of insanity who later admitted to others that he had killed someone when he was younger and insane. (I can’t find the damn thing myself.)  She then called me a liar and a hypocrite, because I had described the man as a murderer when he was innocent in the eyes of the law. A lawyer made this argument, mind you. I explained, not too nicely, that her analogy was idiotic, since there was no murder and no crime in the Brown case, so law prof Warren’s calling it either was dishonest and indefensible, while in the case of the recovered madman, there was a murder, a crime, and a murder victim. Though the acknowledged killer he was fortunate enough to have committed his crime in a state that holds the insane unaccountable, that fact didn’t change the act or the  crime.

I don’t know why I bothered. Warren fans, like Bernie Bros, appear to be completely immune to facts and reality.

1.  Why is there such a compulsion to corrupt the innocent, even the fictional innocent? I was hardly an admirer of those late 60s and 70s Sid and Marty Kroft Saturday Morning TV shows with people dressed in huge, garish thing-costumes and being relentlessly cheery. You know the ones: “H.R. Puffnstuff,” “The Banana Splits Adventure Hour,” “Lidsville”—those. In addition to being assaultive and unfunny, they also inspired Barney, for which the Krofts should never be forgiven.

Still, lots of kids loved the shows and characters, and they should be able to cherish those memories. Hollywood, however, seems determined to debase everything it can, especially fond memories, either by sexualizing them or making them dark, or both. (The re-boot of “Sabrina the Teenage Witch” and “Riverdale,” the series based on the “Archie” comics, are cases in point.) Now we have the new in which are re-imagined as murderous psychopaths.

Nice. Continue reading →