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 →

Morning Ethics Warm-Up, 10/29/17: What’s Really Wrong With Single Payer, Incompletely Remembering Charles Kuralt, And Dana Milbank Boards The Ethics Train Wreck

(This is my favorite Arthur Sullivan hymn, even more than “Onward Christian Soldiers”…)

GOOD MORNING!

1 CBS’s “Sunday Morning” had a feature today on the late Charles Kuralt, the original host of the show, famous for his feature “On the Road” in which Kuralt visited “the real America,” meeting locals and revealing regional lore to the rest of the country. At the end of today’s segment, CBS bemoaned the fact that Kuralt, who died 20 years ago, was virtually forgotten, even among journalists if they had no grey in their hair.

This is an example of a larger crisis, cultural illiteracy, that often occupies my thoughts. The blame lies with our inadequate schools and its under-educated teachers, as well as popular culture. Barely knowing anything about George Washington, the root of the previous post, is an existential problem, but only slightly more dangerous are the multiple generations whose member can’t name ten U.S. Presidents, don’t know the dates of the Civil War or who the US defeated in World War II, and who have never heard of Jackie Robinson, Clarence Darrow, Brown v. Board of Education, Eugene McCarthy, Ingrid Bergman, or Lucille Ball.

CBS, however, was indulging its own special breed of disinformation by lionizing Kuralt. Yes, I remember well his plummy voice and avuncular style. I also remember, as CBS would have us forget, the fact that after his death it was revealed that being “on the road” allowed Kuralt to maintain one family in Montana and another, his official one, in New York City. His innovative proposal to CBS to fund his trek back and forth over the contiinent facilitated his betrayal of his family. Kuralt was a sociopath.

2. The most significant ethics story of recent weeks that I have thus far neglected was the announcement that Great Britain’s National Health Service will ban patients from surgery indefinitely if they are obese or smoke. Non life-or death operations, like joint replacements, will be put on hold  until such patients conform to the governement’s life style requirements

Obese patients “will not get non-urgent surgery until they reduce their weight” unless the circumstances are exceptional. Smokers will only be referred for operations if they have stopped smoking for at least eight weeks, with such patients breathalyzed before referral.

When the newly radicalized and Bernie-ized Democratic Prty going all-in for single-payer next year, this cautionary tale needs thorough debate. When the government controls health care, it has the power to constrict personal liberty. The British were horrified by this latest development, which can only be described as the other shoe dropping. What did they expect?

Of course, a party that controls a government that can withhold surgery until citizens conform to mandated life choices would never use that same power to demand other behavior from citizens. Or  assign priorities for surgical procedures to favored groups and constituencies.

Keep telling yourself that. You’ll feel better. Continue reading →

Ethics Dunce: Christ Church In Alexandria, Virginia

I’m sorry, George. You know. Morons.

Christ Church in Alexandria, Virginia—the city where I and my family live— announced that it will take take down a memorial plaque  marking the pew where Washington sat with his family.

“The plaques in our sanctuary make some in our presence feel unsafe or unwelcome,” church leaders said. “Some visitors and guests who worship with us choose not to return because they receive an unintended message from the prominent presence of the plaques. Many in our congregation feel a strong need for the church to stand clearly on the side of ‘all are welcome- no exceptions.”

The unspoken but implied rationale is that George Washington was a slave-holder, and that this outweighs everything else. Never mind that the entire white population when he was alive believed that blacks were a lower breed of human. Never mind that it would have been literally impossible to grow up in agrarian, slavery dominated Virginia as a member of the plantation class without embracing slavery. Never mind that Washington continued to ponder the injustice of the practice, and eventually decided never again to buy or sell another slave while advocating slavery’s eventual abolition.  In his will, Washington left directions for the emancipation after Martha Washington’s death, of all the slaves who belonged to him.  Never mind that.

Never mind that without George Washington’s courage, leadership, aversion to excessive power and astonishing charisma and trustworthiness, there would be no United States of America. Continue reading →

Ethics Dunce: Bill Maher, As Usual

Bill Maher, the star of HBO’s “Real Time,” was hosting comedian Joy Behar of “The View” to talk about her new book when they got on the subject of Bill O’Reilly and his  $32 million settlement of a single sexual harassment claim.

Maher observed that many of the recent powerful men of Hollywood accused of sexual abuse always seem to be married.  Behar expressed puzzlement regarding why that was.

Now, I could answer that question for Joy, as could anyone else smarter than she is, which is to say, almost anyone. Joy, you will recall, earlier this month excused sexual harassment by progressives like Weinstein over harassers like Bill O’Reilly because, she said, at least the liberals weren’t hypocrites. (She didn’t explain the pro-feminist/misogyny contradiction, but then Joy is, as I just noted, an idiot.)

Rich and powerful men are almost always older, usually middle-aged, in Hollywood, and everywhere else for that matter. See, Joy, it takes a while to become rich and famous. Nobody heard of you when you were 25 either, and let me tell you, I was much happier then.

The older a man is, the more likely he is to be rich and powerful—sexual harassment doesn’t require power, but power inequity helps—and also he is more likely to be married, especially in Hollywood, where executives  start wondering whether you are gay if you aren’t married and 40. Not that they care if you are gay—after all, more than 50% of Hollywood men probably are— but they care if the public cares, because then you won’t be as marhetable as a romantic lead. Thus even gay middle aged men are usually married by the time they are powers in Hollywood. This has been true since the 1920s.

Another reason is that it takes a while to accumulate hundreds of victims, as in the case of  James Toback.

Maher, however, had a different, if predictable, answer:

“Because they have shitty sex lives.”

Oh, was that a joke, Bill? Hilarious! Except Bill wasn’t joking. He’s a well-documented misogynist, not that this would stop a hypocritical feminist dimwit like Behar from sucking up to him since he is on the right side of history, and Maher has always made it clear that he thinks marriage is for chumps. Maher defended Bill Clinton’s sexual harassing/assaulting ways by arguing that he “earned it,” and has extolled his own lifestyle as a play-the-field, aging bachelor like Sam Malone on “Cheers” as Man Heaven. It should surprise no one that Bill  believes that if married women were good little submissive spouses and eagerly cheered while their fat, disgusting husbands masturbated in front of them like Weinstein or humped their leg like James Toback, men wouldn’t have to force young women looking for jobs to do it instead. 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 →

Being Fair To Elizabeth Warren: An Ethics Challenge

It appears that Senator Elizabeth Warren may have blundered into another ethics controversy.

On  a Harvey Weinstein-themed segment of “Meet the Press,” Warren declared that she also had a  #Me Too” story to tell. As she related the memory to host Chuck Todd…

“I was a baby law professor and so excited to have my first real teaching job and there was a senior faculty member who would tell dirty jokes and make comments about my appearance. And one day he asked me if I would stop by his office, which I didn’t think much about, and I did, and he slammed the door and lunged for me. It was like a bad cartoon. He’s chasing me around the desk trying to get his hands on me and I kept saying ‘You don’t want to do this. You don’t want to do this. I have little children at home. Please don’t do this…and trying to talk calmly, and at the same time what was flickering through my brain is, if he gets hold of me, I’m gonna punch him right in the face.”

Jeffrey T. Kuhner is the host of “The Kuhner Report” on WRKO AM-680 in Boston. I know the station well, having grown up listening to it. Kuhner is not an admirer of Warren, to say the least, and decided to try to check the veracity of her “Me Too” tale. His conclusion: she’s lying. Kuhner writes on his blog:

The faculty member Warren is referring to is law professor Eugene Smith, who was her mentor and close friend at the University of Houston. The reason we know this is because at Smith’s memorial service in 1997 Warren recounted and spoke about the incident. But the account then was dramatically different. In fact, the very opposite.

According to Warren, Smith was her buddy and they were joking around in the office, in which she was laughing uproariously. Numerous witnesses say that, even when speaking at the memorial service, Warren laughed about the alleged incident. Which begs the question: Who cracks jokes about being sexually assaulted? Unless, of course, it never happened.

More importantly, Warren conveniently—and deliberately—left out a seminal fact: Smith suffered from polio. That’s right. He was unable to walk or move around without a wheelchair or crutches. According to his former colleagues, Smith’s polio was so severe they felt pity for him.

Warren herself, while trying to be humorous at Smith’s memorial service, inadvertently revealed how utterly disabled he was. She told a second story about when Smith took her to the faculty lounge for lunch. Smith ordered a steak. After it came, he then pushed the plate towards Warren, asking her to cut it up for him. “Can’t you see I’m a cripple?” he allegedly told her. “Sure. But I thought you knew that when you ordered the steak,” Warren retorted, which she says made him laugh.

The real point, however, is obvious. How does a man who is—in Warren’s words—a “cripple,” unable even to cut his own food (never mind walk), chase a woman repeatedly around a desk seeking to sexually assault/rape her to the point that she is so terrorized she is wondering how to escape though the door? The answer: It’s impossible. This is why many of Smith’s former colleagues say that, although they recall the incident, it was dramatically different from how Warren is describing it now. According to them, it was one big joke. Smith pretended to chase her around the desk, and Warren pretended to be shocked and outraged.

Moreover, in 1997, Warren was then a law professor at Harvard. If she had really been assaulted by Smith, then why did she travel all the way to Houston, deliver a glowing eulogy and praise Smith for his “character” and “moral integrity”? A woman who was truly sexually abused or harassed would never have done it. In fact, she would want nothing to do with him. Warren, however, did do it because she wanted to do it. She liked, even admired, Smith.

From this, Kuhner concludes,

“Warren may be the most depraved, cynical and mendacious member of Congress—and that’s saying something. Think about it: She is willing to smear the memory of a dead, disabled friend in order to win votes and prop up her feminist image.”

Continue reading →

Comment Of The Day: “Weeping And Screaming At The Sky: Dear Democrats…”

Well, I stand corrected!  The anti-Trump response of  “screaming helplessly at the sky” wasn’t as worthless as I opined. At least the prospect of it inspired this Comment of the Day by Ryan Harkins in which he postulates the infantilization of America.

Here it is, on the post, Weeping And Screaming At The Sky: Dear Democrats, Progressives, And “The Resistance,” Are You Embarrassed Yet? Why Not?:

What came to mind when I read this is the notion of the “infantilization of America”, which actually came up second in the Google search by the time I typed in “infanti”.

When I stop and question, not necessarily the ethics of the “aaargh!!!” resistance, but the motivation and the appeal to such tactics, I admit that my conclusions might be a bit biases. But when my 3-year-old wants something and doesn’t get it, she throws a tantrum. Sometimes she throws the tantrum before I say no, in anticipation of that very event. Other than the profanity, the “aaargh!!!” event very closely resembles my daughter’s tantrums.

I am looking forward to the day, hopefully not far off, when my daughter and I might have a conversation like this:

“Dad, may I have a cookie?”

“No, it is past 4 o’clock, and the rules are no snacks after 4.”

“Yes, Dad, I respect that. However, you admitted that dinner is going to be late, and the reason behind the 4 o’clock rule is so that I don’t spoil my appetite for dinner. I am, admittedly, very hungry, and think one cookie now, with two hours yet until dinner, won’t impact my capacity to eat my entire meal.”

“That is very good reasoning, but spoiling your appetite is not the only reason not to have a snack at this point. Another reason is discipline, and training your capacity to resist indulging every desire the moment it appears. A little hunger is not going to hurt you, and your ability to withstand a little hunger now will help you withstand other temptations as you go through life.”

“Wow, Dad, I hadn’t thought of that. So, can I have a stalk of celery instead, since it isn’t very filling?”

“All right, you can have a stalk of celery. Hey, wait, why are you getting out the peanut butter?!?”

“Dad, you can’t have celery without peanut butter, and you said I could have a stalk of celery.”

“…grumble, grumble…”

I think anyone who is a parent will quickly assure me that such a conversation is pure fantasy. However, who wouldn’t want to deal with his children in such a fashion? Who wouldn’t want to deal with other adults in such a reasonable fashion? Why then are we getting the “aaargh!!!” treatment? I think it is because we have, as a culture, infantilized ourselves. Continue reading →

Morning Ethics Warm-Up, 10/25/17: The Clinton Campaign’s Russian Dossier Connection, Her Lying Lawyer, And Jeff Flake

GOOD MORNING!

1 I have long been an admirer of Arizona Senator Jeff Flake, who is one of the few members of Congress, more’s the pity, who will stick to his principles even when they pit him against his own party. However, his freak-out and verbal attack on President Trump accomplish nothing positive (unless you consider making Democrats happy positive) and  at this point constitute pure self-indulgence and, yes, these words are coming up a lot lately, virtue-signalling and grandstanding. I have no sympathy for Flake, Senator Corker, or any other Republican leaders who stood by and allowed Donald Trump to hijack their party. The time for Flake to take a stand was last March, or even earlier. Ethics Alarms stated that the GOP shouldn’t have let Trump into the debates or on its ballot. I said that he should have been kicked out of the debates when he began trashing the party, and when he  became disgustingly boorish and uncivil. I explained that it could have and should have refused to nominate him by changing the rules. The party had a duty to the country to present a competent, trustworthy alternative to the corrupt, venal, dishonest candidate the Democrats were going to nominate: everyone knew who that would be. Instead, the GOP sold its soul. Jeff Flake now says that Trump is reckless, outrageous and undignified? Who didn’t know that? I assume the President’s  voters knew that. On Ethics Alarms, I wrote about those Trump character traits in 2011.

It is particularly galling for me to read Flake’s attack on Trump in the Washington Post today, which begins, “As I contemplate the Trump presidency, I cannot help but think of Joseph Welch.” In fact, it makes me want to scream helplessly at the sky. In this Ethics Alarms post, I invoked Welch’s famous televised slap-down of Joe McCarthy before the first Republican candidates debate, and concluded “If someone doesn’t at least try it, none of these 15 non-Trumps are smart enough to be President.” I wrote that on September 16, 2015. 

Senator Flake is like a Senator  going to Honolulu in December of 1942 and proclaiming that the Japanese can’t be trusted. He deserves no sympathy or support now.

He should have been reading Ethics Alarms.

UPDATE: My friend and frequent ProEthics collaborator Mike Messer called this “flake news.”

2. I haven’t had time to thoroughly unravel what yesterday’s revelation that Hillary Clinton’s campaign funded what became the infamous “Russian dossier” means. A couple of points, however, Continue reading →