History

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

/ Jack Marshall / 18 Comments

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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Ethics Quiz: Slapping Down the Daughters of the Confederacy

/ Jack Marshall / 14 Comments

On the heels of the previous post about intolerant progressives came my awareness of the news that both chambers of the Virginia General Assembly, dominated by Democrats, passed bills that would eliminate long-standing tax exemptions for the United Daughters of the Confederacy, a group that was founded in 1894 for female descendants of Confederate soldiers. The group’s mission was and is to honor Confederate ancestors through memorial preservation—an increasingly difficult job—and charity work. It is currently exempt from paying property taxes and recordation taxes, which are charged when property sales are registered.

This week the State House of Delegates passed a bill revoking the group’s exemptions as well as the property tax exemptions for two other Confederate heritage groups, the Stonewall Jackson Memorial Inc. and the Confederate Memorial Literary Society.

To state the obvious, the three non-profit groups have been targeted because many legislators don’t like their beliefs and activities. Don Scott, the Democratic speaker of the Virginia House of Delegates, said it was important to revoke the exemptions from “organizations that continue to promote the myth of the romantic version of the Confederacy.”

How dare they?

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OK, I Know “Mary Poppins” Well Enough That When I Heard That the BBC Had Ruled That It Contained “Offensive Language,” I Immediately Knew Why

/ Jack Marshall / 15 Comments

Why, that is, other than the fact that the UK has been lobotomized by The Great Stupid even more than the U.S. has.

Do you know what was “offensive” in one of my all-time favorite movies without cheating? Think, now…

Time’s up!

It’s this: Admiral Boom, a senile neighbor of the Banks family whose sole purpose in the plot is to set up a running gag showing how the Banks’ and their servants routinely deal with his shooting off a cannon (the house shakes, furniture slides around, things fall off shelves, hilarity reigns), twice refers to “Hottentots.”

The British Board of Film Classification announced that the film was resubmitted for a rating this month in preparation for a theatrical re-release. The Borad reclassified if from “G” to “PG” for discriminatory language, a spokesperson explained. “Mary Poppins (1964) includes two uses of the discriminatory term ‘Hottentots’…While “Mary Poppins” has a historical context, the use of discriminatory language is not condemned, and ultimately exceeds our guidelines for acceptable language. We therefore classified the film PG for discriminatory language.” The term was once used by the British to describe the Khoikhoi and San nomadic tribes in southern Africa—surely you remember them?

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In Which I Comment on That Absurd Presidential Ranking Poll Without Reading It, Because My Head Doesn’t Need Any More Explosions, Thanks…

/ Jack Marshall / 3 Comments

Several readers and friends sent me this new poll, described as the product of historians in some sources and a the opinion of political science organization in others. It looks to me like the latter is more correct: the thing was the brainchild (I’m being generous here) of Brandon Rottinghaus and Justin Vaughn, both professors of political science, and that’s what their degrees and credentials are in as well. Calling them “historians” is misleading, but that’s what the Times and others sources are doing. Political science is not the same academic field as history, though of course it involves the study of history. I would never call myself a professional historian. My degrees are in American Government ( the College That Must Not Be Named’s version of political science) and law.

I was tempted to dissect the poll, which famously ranks the spectacularly incompetent Joe Biden as the 14th best President and Donald Trump dead last as the worst, in order to add to previous posts in which I described how ruinously political and untrustworthy the field of history has become. I decided that this would be unfair, since these biased history dummies are not a group of historians. I also decided that such an obviously partisan and politically motivated poll was not worth dignifying by treating it as anything but.

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Yes Indeed, Most Presidents Have Had Emotional, Mental or Serious Physical Problems, But That Doesn’t Make Joe Biden Fit to Be One

/ Jack Marshall / 16 Comments

I’ve been holding on to this post for a while now, waiting for Presidents Day. An old “Psychology Today” article has been dredged up lately by various pundits desperately seeking a way to deny what is now undeniable. President Biden is in the throes of serious mental decline, and allowing him to run again, at an advanced age and when his memory, stamina, and cognitive health are rapidly receding into the fog, is irresponsible—which doesn’t mean that the Axis won’t do it anyway. The argument being mounted to justify such a desperate and stupid course is a version of the #1 rationalization on the list, “Everybody does it!” Joe’s problems are no big deal, you see, because, as Dr. Guy Winch wrote in 2016: “a study by Jonathan Davidson of the Duke University Medical Center and colleagues, who reviewed biographical sources for the first 37 presidents (1776-1974), half of those men had been afflicted by mental illness—and 27% met those criteria while in office, something that could have clearly affected their ability to perform their jobs.”

Whew! Well, that’s a relief!

I hadn’t seen the study, but it was heartwarming, since its findings echoed those of my American Government honors thesis, now deep in the stacks of Widener Library. I hypothesized that being outside the norm emotionally, mentally and physically was among the factors that selected out the extraordinary individuals who become Presidents of the United States. Leaders, to give an even shorter version, are not normal by definition.

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When JFK Called Ike: Will We Ever See the Like Again?

/ Jack Marshall / 3 Comments

For some reason the Kennedy family waited a long time to release this recording; strange, because it reflects well on the sainted JFK. I just encountered it recently.

In the midst of the Cuban Missile crisis in 1962, President Kennedy called former President Eisenhower to brief him on the situation and extract any wisdom he could from his predecessor.

This is how our system is supposed to work, with leaders, officials and politicians interacting with each other respectfully and in the best interests of the nation. Ike and JFK were hardly pals: after the Bay of Pigs fiasco, White House staff reported hearing Eisenhower reaming out Kennedy from behind a closed door.

Nonetheless, this phone call shows two Presidents from opposing parties working together and showing each other the kind of courtesy and civility essential for productive cooperation. Our republic and our culture were healthier then, even as World War III loomed.

Unethical “Journalist” of the Month: Jason Sattler

/ Jack Marshall / 9 Comments

Ethics Alarms just added “Unethical Journalist” to its categories. I don’t know why I didn’t do this earlier, but the furious “It isn’t what it is” caterwauling from so many mainstream media voices that it is absurd–absurd, I tell you!—for anyone to think that Joe Biden isn’t ready to win “Jeopardy” and recite the Constitution from memory sealed the deal. The spectacle has been as depressing for the public as it is embarrassing for the rotting profession of journalism.

Some sectors managed to barely turn around and accept reality, sort of: the New York Times, after publishing ridiculous denials from Paul Krugman and others, issued an editorial Sunday expressing alarm at the combined effect of the Biden DOJ’s Special Counsel Robert Hur’s 388 page report stating that the President had “diminished faculties” and was a “well-meaning, elderly man with a poor memory.” But even that cry in the dark concluded that Biden “needs to do more to show the public that he is fully capable of holding office until age 86,” a statement that disingenuously implies that Biden has done anything that indicates he can do his job now, much less in five years.” How can he do “more” to show something is true when it is so obvious that it isn’t true? It’s like complaining that public schools need to do more to show that they are unbiased and competent.

And naturally, the Times’ only stated impetus for its alarm was not that having a mentally deficient President is a peril to the nation, but that “the stakes in this presidential election are too high for Mr. Biden to hope that he can skate through a campaign with the help of teleprompters and aides and somehow defeat as manifestly unfit an opponent as Donald Trump.” (Don Surber, a newspaper journalist turned Substack pundit, notes that his old employers, which have seen their circulation more than halved in the last 20 years and opines that newspapers have destroyed their credibility by dropping all pretense of credibility and are doomed. “It is not that the media gets the story wrong; it is that the media seldom admits it was wrong,” he writes.)

Which brings me to “journalist” Jason Sattler.

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Ethics Hero: George Stephanopoulos [Expanded]

/ Jack Marshall / 13 Comments

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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R.I.P. Chita Rivera, an Ethical Star

/ Jack Marshall / 2 Comments

Chita Rivera, veteran musical comedy star, actress and dancer extraordinaire, has died at 91. She had a remarkable career and an unusually long one. I saw Chita perform live but once, long after her prime in a West End production of “The Kiss of the Spider Woman,” a not-so-great and over-hyped musical. Rivera had major roles in the hit Broadway productions of ”West Side Story,” “Bye Bye Birdie” and “Chicago,” among others. The Times obituary is full of information, though it skirts over what I recall as being a particularly cruel career blow, when Rivera was passed over for the role of Anita in the film version of “West Side Story” for Rita Moreno, even though Rivera had won a Tony for her performance in the role on stage. It also doesn’t mention an unusual altruistic act by Rivera when she was co-starring with Dick Van Dyke and Paul Lynde in the 1960 musical, “Bye Bye Birdie.”

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Comment of the Day: “When Ethics Alarms Don’t Ring,” Big Law Firm Edition”

/ Jack Marshall / 2 Comments

The question of why good people do unethical things is always ripe for consideration. Often, and perhaps even usually, the answer is that nobody was think about ethics at all, or thinking at all. The tale about how a cheerful piece of artwork depicting a lynching ended up on the walls of a large law firm’s office is a cautionary tale, and in his Comment of the Day on the post, “When Ethics Alarms Don’t Ring,” Big Law Firm Edition,” johnburger2013 neatly explains how such gaffes occur. The one feature that John left out was the subsequent publicity, including on ethics websites.

The lesson: Be careful out there….

***

I suspect the art was selected to coincide with Black History Month and the powers who made the decision (“First Decider”) simply said, “Hey, we have a ton of art from renowned African American Artists. We should display that during February.” To which someone else (“Second Decider”) said, “Awesome. Let’s get the staff to put the paintings on the wall.” Then, First Decider said, “Cool, I’ll email my people and get them on it.” Second Decider: “Great. What’s for lunch?”

Then, First Decider emailed maintenance: “Good morning. We are honoring Black History Month in February. We have a number of really interesting paintings in our storage room. Would you be awesome and hang them on the walls?” Maintenance Engineer responded, “Sure. We will get it done this evening.” Maintenance Engineer told the staff who merely displayed the art on the walls without really thinking about it.

Then, somebody walked by and looked at that particular painting and blood ran cold in the veins, with an audible, “Oh, crap! That’s gonna hurt!” The problem took on a life of its own after that. Rather than simply state, “Really? You are pissed/hurt by a painting depicting something terrible? Have you seen ‘Schindler’s List’? How about stuff painted by Frida Kahlo? Or Picasso? And you call yourself lawyers? What kind of intestinal fortitude do you lack that you can’t look at a painting – which, frankly, I find juvenile and simplistic in quality and style – and realize, ‘yeah, we had some really awful times in our history. Hopefully we have moved beyond that.’” But, no, they have a Chief DIE officer whose job it is to make mountains out of anthills and recommend sensitivity training for all involved.

If I were a client, I’d pull my cases from that firm. Immediately.