The Ethical Conflict of the Artist’s Self-Rejected Art

I was certain that Ethics Alarms had explored the problem of estates issuing, publishing and otherwise profiting from famous artists’ works when the artists have specifically said that the works involved were to be withheld from the public. It has not, however. I suppose the issue is ripe for an ethics quiz. However, as this is an issue that has always intrigued me, I’m going to use a current controversy to delve into the matter now.

Gabriel García Márquez (of “One Hundred Years of Solitude” fame, among other works) labored on a final novel in his last years. After five versions and constant edits, additions and deletions, he gave up. He ordered his son to destroy all versions of “Until August” upon his death. That occurred in 2014, but the novel was not destroyed as he requested. All the drafts, notes and fragments were deposited at the Harry Ransom Center at the University of Texas at Austin, in its Gabriel García Márquez archives. Now Márquez’s sons are defying their father’s wishes further and having the novel published this month. Because the author is a major international literary figure, the “new” work is considered to be a major publishing event.

But is it ethical to publish the novel at all, if 1) it wasn’t finished 2) its creator decided it wasn’t up to his standards, 3) the work risks diminishing the author’s reputation, and 4) the artist specifically directed that it be destroyed?

There just aren’t any clear rules for this problem. Whose interests take precedence, the creator of work of art, or the public and future generations that might benefit from it?

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Curmie’s Conjectures: Court Storming and the Absence of ‘Sprezzatura’

by Curmie

After the Wake Forest Demon Deacons beat the Duke Blue Devils 83-79 in basketball Saturday afternoon in Winston-Salem, hordes of Deac fans stormed the court .  Actually, the previous sentence isn’t quite accurate.  Video footage shows that several fans who had gathered under one of the baskets ran onto the court and were already at the free throw line before the game even ended.

These incidents are increasingly commonplace, abetted by television coverage of the events, even as the networks pretend to be appalled by the potential for injuries resulting from the practice.  Court-storming may be part of the culture of the sport, but there are—or at the very least should be—limits.  I have no problem with displays of post-adolescent exuberance, but the safety of players, coaches, and officials must be paramount.

The inevitable finally happened, and Duke star Kyle Filipowski was not merely jostled, but injured, in the melee, seriously enough that he had to be helped off the court.  As the recipient of a degree from the University of Kansas, I am morally and ethically obligated to despise all things related to Duke basketball 😉, but whereas I want them to lose every game, I don’t really want anyone to get hurt.

The exact extent of Filipowski’s injury is still unclear, but it certainly could affect both the Blue Devils’ chances for the rest of the season and post-season, and, importantly, Filipowski’s future.  He’s projected as a first-round draft choice, possibly even a lottery pick, in the upcoming NBA draft.  He stands to make tens of millions of dollars over the course of his career… assuming he can play.  There is such a thing as a career-ending injury, especially when we’re talking about knees, and that’s what this is; if this injury wasn’t severe, that’s only because of what Jack would call “moral luck.” 

The video shows that at least three different Wake Forest fans made contact with Filipowski as he was trying to leave the court.  Whether or not the bumping was “intentional” and “personal,” as Filipowski alleges, it was at best reckless and at worst criminal.  Let’s face it: the man is seven feet tall; it’s not like he couldn’t be seen.  The ethics of the situation, of course, would be the same if it had been a bench player, a student manager, a coach, or a referee who was injured.  The incident attracts more headlines because it was Kyle Filipowski who needed to be helped off the court, but the rationale for banning court storming would be the same. 

At least two other visiting players have been bumped into by opposing fans in court stormings this season.  One of them is Iowa’s Caitlin Clark , probably the most famous women’s basketball player in the country—even more so than WNBA stars.  She was “blind-sided” and actually knocked to the floor by an Ohio State fan in a court storming in Columbus. 

Imagine if she’d been seriously injured.  She wouldn’t have broken the NCAA scoring record for the women’s game, and she wouldn’t be closing in on the real record, held by Lynette Woodard.  (The NCAA wasn’t the organization in charge of the women’s game when Woodard played, and they’re being predictably petty, narcissistic, and anal retentive about recognizing Woodard.)

Oops.  Once again, I indulged in a little inaccuracy.  What I referred to above as “the inevitable” had long since happened, as ESPN’s William Weinbaum reports:

 In a 2004 court storm, Tucson H.S. star Joe Kay suffered a stroke & was partially paralyzed. “It’s way too long that we’ve been putting up with this,” Kay told ESPN Sat. after Duke’s Kyle Filipowski got hurt. “I’m completely in favor of banning court storms & field storms.”  Now 38, Kay said, “The police should arrest people for going places they are not allowed to go… enforce the rules as they do at other places. It’s exactly the same thing.” “Hopefully people will now come to their senses.”

The only thing that’s changed is that Filipowski is known by virtually all college basketball fans across the country, whereas Kay may have been a local celebrity, but folks like me in East Texas weren’t saying “OMG, Joe Kay got hurt in a court storm.”  Now, maybe, something will happen… but not unless the powers-that-be actually want it to, and that, despite the copious tut-tutting from the NCAA, conferences, universities, and the media, doesn’t seem to be the case.  Indeed, statements of concern and promises of future action from the likes of ACC commissioner Jim Phillips seem very much to be what my mom would call “balloon juice.”

Among those who have engaged in court storming this season, both in games in which their team beat Kentucky, were LSU women’s star Angel Reese and South Carolina President emeritus Harris Pastides, who even took to social media to boast about his participation.  The problem isn’t going to go away, even in the wake of an injury to a star player, unless there are real, enforceable, guidelines designed both to allow celebrations and to protect the visiting team.  And by “enforceable,” I mean sanctions that will be felt, not petty fines of a few thousand dollars to multimillion-dollar programs.

Jay Bilas, probably ESPN’s best analyst (and a former star big man for Duke himself), is outspoken about this issue:

“It’s got to stop but it’s not going to.  There’s no appetite in college basketball to stop it. The SEC has a rule against it but the institutions are happy to pay the fine because they like the visual. And the truth is, we in the media like the visual too.  We put it at the end of every highlight. Years ago, when people used to run out on the field or on the floor, we wouldn’t show it. That was our policy. We don’t have that kind of policies with court stormings. We like it. It’s not stopping and it’s a shame.

Duke coach Jon Scheyer said after the game that when he played, “at least it was 10 seconds and then you could storm the court. Now, it’s the buzzer doesn’t even go off and they’re running on the floor.” 

Ten seconds isn’t enough, but 30 probably is.  It wouldn’t be difficult to institute a rule that no fans are allowed onto the court, ever, until 30 seconds after the final buzzer.  The mechanism already exists in the 30-second clock; let it serve another purpose.  The home university can forbid court storming altogether, but they must enforce the ban for 30 seconds.  If fans want to celebrate on the court and the home team doesn’t object, so be it, but not until the officials and the opposing team are out of harm’s way.

And if fans are on the court before the game clock has expired, that should be a technical foul on the home team in addition to the other penalties.  Would it have mattered this weekend?  Duke would have had two free throws and the ball with about a second left in the game.  Could they have forced overtime or even won in regulation?  It’s extremely unlikely, but the chances wouldn’t have been quite zero.

Whatever the exact rules become, violations must be punished severely.  At present, neither the NCAA nor the ACC (in which Wake Forest and Duke play) have any specific sanctions at all in place for court storming.  The home university must be responsible for enforcing the rules; failure to do so should be punishable by a significant fine even for the first offense.  I’d suggest $500,000 for the first offense, with half paid to the NCAA or the conference and the other half to the opposing school.  Subsequent offenses within a 36-month period would involve stiffer fines, loss of scholarships, and perhaps a prohibition against post-season play.

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The Super Bowl Produces an Early Nominee For Ethics Alarms “Asshole of the Year”: KC Chiefs Tight End Travis Kelce

Cowabunga! This goes beyond the mere jerkish behavior one (or at least I) expects of NFL players.

Kelce has been getting nationwide publicity because of his romance with superstar pop artist Taylor Swift. He knew all eyes would be on the couple during the annual concussion-fest that is always the most viewed single event network TV offering, the Super Bowl (won in thrilling fashion, or so I was told, by the Chiefs in only the second overtime game in SB history). So how did Kelce, fully aware that his fans young and old would be watching, handle his moment in the spotlight?

You see it above: After the Chiefs lost a fumble in the second quarter of the game, Kelce was seen on live TV yelling in Coach Reid’s face and even bumping him. In any other sport, and usually this one, the disrespectful player would be benched, fined and suspended. One NFL player, seeing Kelce’s outburst, tweeted that if he did something like that, he’d be kicked out of the NFL.

Oh no, it was all in good fun, we were informed afterwards. Even though he embarrassed his coach and taught young NFL and Taylor Swift fans that it’s just fine to treat your superiors, bosses and authority figures like dirt, “sources” on the team assured the media that the player “respects Coach Reid. It’s really just about the passion of the game. It wasn’t anything serious.”

Right. Making hostile physical contact with your boss in front of team mates on national TV is nothing serious. I remember Reggie Jackson doing something similar to Yankees manager Billy Martin in the dugout during a game in Fenway Park, and Martin had to be restrained from attacking Reggie, who was immediately suspended.

But Martin had some self-respect, and Reggie wasn’t dating Taylor Swift, I guess. And Kelce? Asked about his actions, he told ESPN. “I was just telling him how much I love him.”

Ha. Funny.

What an asshole.

To be fair to Kelce, he probably already is suffering from brain damage, so that’s something of a mitigation. He and Taylor shouldn’t worry: Donald Trump is still the odds on favorite to win “Asshole of the Year,” as he usually does.

Clearly, #MeToo Never Quite Got Its Message Across

Baltimore judge Kevin M. Wilson is facing an ethics hearing in May after a female lawyer accused him of inappropriate and unwelcome touching at a bar association event at the Maryland Club in May of last year. Thecomplaining victim says that when she stopped at a table where Wilson and another judge were seated, she felt Wilson’s hand rub her leg up and down. Two lawyers witnessed this, as well as hearing the complainant tell Wilson that his behavior was inappropriate. The judge moved his hand away, but then, also allegedly, put his hand back on the attorney’s leg, moved his hand up under her skirt, and touched her buttocks.

The event was called “Join Our District Court Judges for Practice Tips on Tap,” so I guess maybe Wilson was just…tapping. 

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“Civility Update” Addendum

The social media wag who posted this wrote, “And just like that, I’m a vegan!”

A true typo doesn’t count as incivility. This one just adds to the long indictments of our crumbling educational system and the cratering quality control in U.S. industries from aircraft manufacturing to health care services. It may well be that this label appeared because of a combination of both: someone in a position to prevent the label from being used thought the typo was funny, and let it go.

Ethics Hero: George Stephanopoulos [Expanded]

Wow. Didn’t see that Ethics Hero coming at all.

ABC’s ubiquitous news host George Stephanopoulos has a dreadful EA dossier, though it hasn’t filled up lately since I decided around 2016 that none of the Sunday Morning news shows were professional or ethical enough to take time away from my sock drawer. However, this morning he did something bold and necessary. When his guest, Super-Trumper Senator J.D. Vance, made a bonkers and irresponsible case that the President could be justified in defying the Supreme Court, George just cut him off and ended the interview.

Bravo.

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Social Media Ethics Public Service Announcement

Playing a practical joke on a friend and traveling companion is acceptable, providing one is confident that no harm will attach to the victim, and that you would have no issue if the same were done to you.

Posting a video of said friend looking like an idiot, however, or not making certain that a third party is not recording what transpires, is unethical absent the victim’s explicit consent.

Thank-you.

Look! Here’s a Performing Ethics Dunce Who’s Even More Unprofessional Than Madonna!

Ethics Alarms commented on Madonna’s inexcusable two-hour tardy appearance at her concert (item #4) without realizing that The Grand Ol’ Opry could have said “Hold my beer!” The Nashville shrine to Country Music officially apologized to fans and audience members after four-time Grammy Award nominee Elle King disgraced the venue and herself with a vulgar and drunken performance on an evening last week that was supposed to honor Dolly Parton. “We deeply regret and apologize for the language that was used during last night’s second Opry performance,” the Opry wrote on X/Twitter over the weekend. That was an understatement of what happened.

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Ethics Dunce, Life Competence and Workplace Division: Brittany Pietsch

My first reaction was to have sympathy for Brittany Pietsch, the Cloudfare account executive who somehow thought recording her Zoomed firing and posting it on social media would be a good idea. Then I learned she was 27. That’s much too old to behave like she did, much less to be self-righteous about it. Her experience ended up on every social media platform and was covered by media outlets from the New York Post to the The Wall Street Journal, and now she is the official “poster girl” for deluded and entitled young workers who don’t get the capitalist system and the competitive workplace.

You can see her nine-minute clip here. If you don’t wince through it, you may need a refresher course in workplace ethics yourself. An at-will employee, Brittany argues with the HR staff who were assigned to dismiss her. Here’s a typical exchange:

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Ethics Dunces: The Chicago Bulls and Their Fans

That went well, don’t you think?

The NBA’s Chicago Bulls celebrated their “inaugural class” in the team’s new Ring of Honor ceremony during halftime of its game against the Golden State Warriors last week. The first Ring of Honor class included 13 men and the entire 1995-96 team, which went 72-10 and won the NBA championship. It didn’t help that the current Bulls gave up a season high in points in a 140-131 loss, but that was the least of the night’s low points.

The most popular and famous stars of that team, Michael Jordan, Scotty Pippen and Dennis Rodman, didn’t show up. The team wasn’t expecting them to, because all three declined, but it allowed the fans to believe otherwise, at least the fans who didn’t research the matter beforehand. Continue reading