Ethics Quote Of The Month: Washington Post Film Critic Ann Hornaday on “Selma”

selma-movie

“How to reconcile facts and feelings, art and fealty to the truth? When filmmakers recall with pride about the deep reporting and research they’ve done for their projects, then they deserve to be held accountable for their projects. For fact-based films, accuracy becomes a formal element, along with acting, design and cinematography. It’s up to each viewer to identify the threshold where artistic license compromises the integrity of the entire endeavor. Cinema has more responsibility in this regard precisely because of its heightened realism, its ability to burrow into our collective consciousness and memory, where the myth has a tendency to overpower settled fact. But viewers have responsibilities, too. If accuracy has become a formal element of historical dramas, then the ensuing fact-checks have become just as integral a part of how we view them. That means it’s incumbent on audiences to engage in a mode of spectatorship that, rather than decide who’s right, can listen to and respect expert critiques, and still open themselves up to a piece of filmed entertainment that speaks to less literal, more universal truths.”

—–Ann Hornaday, Washington Post film critic, on the controversy regarding the counter-factual treatment of President Lydon Johnson in the new film, “Selma.”

The question of whether film makers have an ethical obligation to fairly represent history, and particularly individual historical figures, in their movies has been a topic visited frequently at Ethics Alarms, and I’m not going to re-hash conclusions that have been thoroughly discussed before, such as

…here, regarding the casting of “The Impossible” with a gleamingly light-skinned central family and the changing of the real life heroine from Spanish to British

…here,  discussing complaints that a fictional event was not portrayed accurately in “Noah”

…here, exploring the many falsehoods, some quite despicable, in James Cameron’s “Titanic”

…here, regarding unfair criticism of “Argo”

and here, discussing “Lincoln” screenwriter, playwright Tony Kushner’s inexcusable choice to represent a real life former Congressman voting against the Thirteenth Amendment abolishing slavery when in fact he voted for it.

The conclusion of that last one sums up the lessons of the rest, I think. Kushner’s defense against criticism of the collateral damage his invented facts wreaked was to argue that they were legitimate tactics in the pursuit of drama and “greater truths.” He then compared smearing the reputation of a Congressman, to the detriment of his descendants, to misrepresenting the kinds of socks Lincoln wore. (Kushner can be a brilliant writer, but his ideological utilitarianism is repellant.) I wrote:
Continue reading →

KABOOM! Harper Collins Tries To Wipe Israel Off The Map

No Israel

The integrity vacuum of some corporations defies the imagination. At least my imagination: this story triggered my first cranial explosion of 2015. ( For an explanation of the KABOOM! category, go here.)

US-based HarperCollins Publishers is is a subsidiary of News Corp, whose executive chairman, media tycoon Rupert Murdoch, is a vocal supporter of Israel. But its British subsidiary, Collins Bartholomew, omitted Israel from the “Collins Primary Geography Atlas For The Middle East,” citing “local preferences.”

Local preferences! Continue reading →

Prosecutor Ethics, “What The Hell Were You Thinking?” Dept: Dog-Whistling “Dixie” To The Jury

"Wait...WHAT did you just say??"

“Wait…WHAT did you just say??”

Canyon County Deputy Prosecutor Erica Kallin wanted to make the point that the defense attorney for the African American defendant, James D. Kirk, was trying to lead the jury to ignore the evidence that pointed to his guilt in his trial for lewd conduct with a 17-year-old girl and sexual battery of a 13-year-old girl—making them, in effect,”look away” from the truth. How could she make that argument in a vivid way? Clarence Darrow used to use poems in his famous closing arguments; was there a memorable poem that used the phrase, “look away”?

“Eureka!” Erica thought. She found it! So she said to jury deliberating on the case:

“‘Oh I wish I was in the land of cotton. Good times not forgotten. Look away. Look away. Look away,’ And isn’t that really what you’ve kind of been asked to do? Look away from the two eyewitnesses. Look away from the two victims. Look away from the nurse and her medical opinion. Look away. Look away.”

The jury convicted Kirk, on both counts; the evidence against him was indeed strong. He was sentenced to 20 years in prison. Continue reading →

The Wall Street Journal Steals From A Blogging Lawyer…Luckily For Them, A Nice One

A lawyer asks: Will Google Cars put me out of business? The Wall Street Journal  asks: Why shouldn't we make money off your answer?

A lawyer asks: Will Google Cars put me out of business? The Wall Street Journal asks: Why shouldn’t we make money off your answer?

I always do a double-take when I see that someone has “re-blogged” a piece from Ethics Alarms. Unless there is something in my WordPress agreement that allows other bloggers to lift my work and publish it as their content without my permission—oh, who knows, there probably is—this is a copyright violation, but worse than that, it’s wrong. Apparently they think that if they give attribution, that makes everything fine. Why would they think that? I’m writing for my blog, not anyone else’s. If a blogger wants to reprint all, most or some of my commentary in order to critique it, that’s fine ( WindyPundit is doing this right now). But lifting all or most of my work to fill space on your website, without my permission? Not fair, and not ethical.

This just happened to personal injury lawyer and estimable blogger Eric Turkewitz, but the culprit wasn’t a blogger, it was the Wall Street Journal. It took his post about Google Cars and just slapped it into the print and online editions of the paper. “Lawyer Eric Turkewitz writes that self-driving cars will hurt the business of many personal-injury attorneys,” said the sub-head under “Notable and Quotable.” Hmmm. Usually a writer gets paid to write features for a newspaper. I guess just lifting copy without permission is “Fair Use.”

No, First Amendment expert Marc Randazza points out in his typically irreverent way, it isn’t:

In this case, the Wall Street Journal used 44% of Turkewitz’ post, with no additional commentary, criticism, or discussion.  The WSJ could have called Turkewitz a moron for his views, and quoted the whole thing (theoretically).  Or, the WSJ could have given approval, more discussion, or turned the article into piece of art, with spray painted Che Guevaras and stencils of Paris Hilton, as a commentary on Turkewitz, tomato soup, and golf, or whatever.  But, they didn’t do any of that.  

So lets look at the §107 [Fair Use]factors

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

The purpose and character of the use is certainly commercial and for profit. The WSJ sold its newspaper with Turkewitz’ work in it, and even put it behind its paywall online. Same exact use, except WSJ took what Turkewitz distributes for free, gathered it, and sold it.

The nature of the copyrighted work was Turkewitz’ original opinions and thoughts.

The amount and substantiality of the portion used? 44%. Pretty substantial. Remember, this is not dispositive, but if you used almost half of an original work, you better have a good reason.

The effect of the use on the potential market for the value of the copyrighted work? That’s sorta iffy. It isn’t as if Turkewitz sells his work. But, that is not a requirement. Turkewitz’ blog currency is readership. If you do some quick online searches for some of the content, sometimes the WSJ version comes up above Turkewtiz’ version. Not cool. Ultimately, the WSJ blew it here because they didn’t add anything to the original — they just lifted it and reposted it….

So the verdict? The Wall Street Journal is definitely guilty of copyright infringement for lifting a bloggers’ work without any justification.

It’s worse than that, however. Continue reading →

Comment of the Day: “Comment of the Day: ‘Hard Lesson Of The Walmart Tragedy: Bad Ethics Kills’”

Homefront-the-Revolution-592

My post about the tragic shooting incident in the Idaho Walmart continues to generate fascinating comments, not always directly related to the post. (Linking publications and websites to the contrary, I took no position on guns or gun control measures, though I have elsewhere on Ethics Alarms. The post’s positions were anti-incompetent gun ownership and anti-irresponsible parenting.) In the inevitable gun-related debates that have emerged, frequent commenter and blogger Shelly Stow opined that the need for guns to resist a government that attempts to crush individual freedom no longer exists.

This sparked the Comment of the Day, a history lesson as well as an explication for the need to have the last resort of armed revolution available, from 2014’s most prolific commenter, texagg04, and here it is, beginning with a quote from Shelly’s comment, on the post, “Comment of the Day: ‘Hard Lesson Of The Walmart Tragedy: Bad Ethics Kills’”:

“I disagree that, should our citizenry today become threatened by a government bent on tyranny, weapons in the hands of that citizenry would right the situation.”

Wait. What????

So, you are saying that IF we truly faced a tyrannical government at home THEN we aren’t supposed to do anything about it to overthrow it. And that’s precisely what you are saying if you think weapons in the hands of citizens isn’t the right situation.

What???? God knows in the face of a tyrannical government, sit-ins, hunger strikes, and demonstrations accomplish precisely nothing. Certainly no external forces would come to our succor — the UN, populated by precisely the kind of tyrannies we don’t want? No. Western Europe, which can’t even be bothered to solve it’s own problems? No…

Come now… Continue reading →

Ethics Quiz: Is “Hidden City” Flying Unethical?

Hidden City

Last month, United and Orbitz filed a lawsuit against a website called Skiplagged, which among other things helps consumers plan trips with cheaper airfare using a tactic called “Hidden City.” Hidden City travel is when a traveler wants to go to a city that costs more to fly to directly than another city that uses the real destination as a connection. Thus, if you want to go to Charlotte, you book a cheaper flight that involves a change of planes in Charlotte, and just take your carry-on luggage and skip the last leg of the trip. Anyone can search and book Hidden City flights, but it is a chore.  Skiplagged makes it relatively easy.

Airlines punish frequent flyer passengers who use the method. They argue that gaming the system this way makes it difficult to track passengers and unfairly takes advantage of the hub-and-spoke system, where airlines fly to hub cities and add connecting flights from there. The lawsuit is trying to shut down Skiplagged,  alleging “unfair competition” that promotes “strictly prohibited” travel. The suit seeks $75,000 in damages, and 22-year-old site creator Aktarer Zaman is fighting it, seeking funds, so far successfully, on GoFundMe, where he originally sought  $20,000 to afford his legal bills and is closing in on twice that amount. My guess? If this gets to a jury, Zaman will win. The Streisand Effect is also in play: the airlines risk making everyone aware of this cost-saving maneuver, while getting bad publicity as well.

Zaman argues that the Hidden City ploy is legal. You know my answer to that ( Rationalization #4. Marion Barry’s Misdirection, or “If it isn’t illegal, it’s ethical”)and it’s also the first  Ethics Alarms Ethics Quiz of 2015:

Is the Hidden City tactic ethical?

Bloomberg refers to Hidden City flying as a “scam” and “cheating.” Is that a fair description? The ticket purchaser has paid for the whole flight, so why is it cheating to get off half-way through it?

I think it’s a close call, but I have to side with the airlines.  The closest analogy that I can come up with is card-counting in blackjack: it’s not cheating, and it’s not illegal, but the casinos have a right to prohibit it in their own interests. The rationalization (Rationalization # 18. Hamm’s Excuse: “It wasn’t my fault.”) is that the existence of a loophole is the airline’s problem to fix, and if they can’t fix it, taking advantage of it is fair. But it isn’t fair, any more than it is fair for travelers to avoid baggage fees by taking large bags through security to the gate, and then passing them off, at no cost, on the way into the plane. It’s dishonest, and the Hidden City trick is also dishonest. You pay the airline to take you to a specific destination. How they get you there is irrelevant: a ticket to Minneapolis is a ticket to Minneapolis, and if you use it to get to Chicago instead because the airline charges more to go there, you engaged in bad faith negotiation.  The ploy is also unethical because if it becomes widespread, airlines will have to raise fares, and all air travelers will suffer.

One of Zaman’s arguments also positions him on my bad side: he points out that his site merely shows the airfares, and that the passengers book the tickets. Right. That was the same argument made by radical pro-life websites that posted the names and addresses of abortion practitioners so fanatics could track them down and kill them. Pro-anoerexia websites don’t starve young women, they just encourage them to starve themselves. If Hidden City flying is cheating, he’s facilitating it.

Reluctantly, I have to agree that it’s unethical.

______________________________

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts, and seek written permission when appropriate. If you are aware of one I missed, or believe your own work or property was used in any way without proper attribution, credit or permission, please contact me, Jack Marshall, at jamproethics@verizon.net.

The State Of Ethics Alarms, 2015

Driving on an empty road towards the setting sun 2014

The 2014 Ethics Alarms Best and Worst of Ethics Awards will be along shortly, but right now I want to provide an overview of the blog itself as 2015 dawns.

Posts: There were slightly more than 1,000 posts to Ethics Alarms in 2014.

Traffic: Ethics Alarms had 1,195,812 page views, up about 6% over 2013.

Most Viewed Posts: Outside of the home page, the Rationalizations List remained the most popular. The top ten 2014 posts that drew the most interest were, in order of most visits; Continue reading →

Ethics Dunces Of The Air: The Crew Of Delta Flight 468

"Fly Delta: we'll accommodate your biases!"

“Fly Delta: we’ll accommodate your biases!”

This one amazes me. There is no conceivable justification for it.

A group of ultra-Orthodox Jewish men refused to take their seats on Delta Airlines Flight 468 from New York’s JFK Airport bound to Israel, because their faith forbade them from sitting next to female passengers. The flight was delayed by 30 minutes while the crew negotiated with the men and the offending passengers—you know…women. Eventually, desperate to get the flight off the ground, some passengers agreed to trade seats.

In Ultra-orthodox Judaism, physical contact between men and unrelated women is forbidden.

So what? Continue reading →

The NYPD Turns Its Back On De Blasio: What’s Going On Here?

NYPD backs

The rift between New York Mayor de Blasio and his city’s police department  is more than an internal spat. It has the potential to divide and harm the city and citizens, not to mention crashing the Mayor’s already self-jeopardized political career early in his term. Both sides if this dispute committed hostile acts that the other considers grievously disrespectful. Neither combatant appears ready to apologize.

De Blasio crossed what many of his department’s officers consider an uncrossable line when he suggested, in the immediate wake of the grand jury’s decision not to indict in the Eric Garner case, that his own bi-racial son was at risk of harm should he be apprehended by the NYPD. As I have written before, this was not, as the spinners would have it, just a case of a mayor being candid about genuine problem in community relations. This was a tacit endorsement of the “hands up” protests and their contention that Garner, Mike Brown and others were the victims of police racism, that police are killing, likely to kill, want to kill, black kids. It doesn’t matter that de Blasio may not have intended that implication: under the circumstances and in the context of events, this is what police officers interpreted his remarks to mean. He was siding against them. He was suggesting that the grand jury was wrong not to indict. He was suggesting not that some NYPD officers were racially biased, but that black children like his son “may not be [Translation: “are not“] safe from the very people they want to have faith in as their protectors.”

The police have responded with multiple demonstrations of anger and contempt for their boss. Most recently, there were boos and jeers when De Blasio spoke at a police graduation ceremony this week. Over a hundred officers symbolically turned their backs when the mayor spoke at the funeral of Officer Rafael Ramos, who was assassinated by a man who suggested that he was seeking vengeance for the deaths of Garner and Brown. That had followed the theme of an airplane-towed banner over the city that read,“Our backs have turned to you,”which in turn was inspired by the spontaneous gesture by officers present when de Blasio visited the hospital where the bodies of Officer Ramos and his partner lay.

The New York Times, which has been guilty of bolstering the “hands up” lie by carelessly linking the deaths of Brown and Garner as well as Trayvon Martin, none of which can be fairly blamed on racism based on available evidence, has come down squarely against the police, writing in an editorial: Continue reading →

“Say It Ain’t So, Jim!”: Jim Webb’s Unethical Family Stipends

Webb and staff. Well, wife. Well, never mind.

Webb and staff. Well, wife. Well, never mind.

Oh, great. I have personal experience with the character of one national political figure who impresses me with his honesty, courage and integrity; I support his political career and come to his defense when he is unfairly maligned, and now this. 

Time to put an ad in Craig’s List seeking a new hero.

According to a report in the Business Insider, Webb, a potential challenger to Hillary Clinton’s claim on the 2016 Democratic Presidential nomination as well as a former U.S. Senator, head of he Veterans Administration, best-selling novelist and decorated Vietnam veteran, has been playing the old, unethical Washington game of shoveling campaign contributions to his family. Let me give you some of the depressing highlights:

  • Webb’s  Born Fighting PAC is dedicated to supporting “candidates and entities” who support economic fairness, “reorienting our national security posture,” and developing greater accountability in government.
  • Federal Election Commission reports show that the committee, which received nearly $1 million in donations, gave a relatively small portion of that money to political candidates and groups. At the same time, nearly 10% of the contributions received by the PAC went to Webb’s family.
  • Records show that Webb’s  Born Fighting PAC has received $961,515.34 in contributions from individuals, politicians, progressive groups, businesses, unions, and Democratic Party organizations since it launched at the end of 2006. Of this money, $91,999.91 went to Webb’s daughter, Amy Webb Hogan, and wife, Hong Le Webb.
  • Since Webb declared his interest in the 2016 race, he has been identified as one of the main potential rivals for Democratic front-runner Hillary Clinton. Webb, who entered the Senate in 2006, announced he wouldn’t run for reelection at the beginning of 2011.
  • The Born Fighting PAC continued to contribute to Webb’s family long after it had stopped giving to funds to candidates and the groups it was established to support. Campaign finance reports show the committee has not given any money to political candidates or groups since the end of 2010.
  • The PAC has continued to take donations. Over $100,000 from the final balance in Webb’s Senate campaign account, now closed, was transferred to the committee after he left office at the start of last year.
  • Most of the money Webb’s wife and daughter received from the committee came after it had stopped giving money to politicians and political groups.
  • Webb Hogan began receiving money from her father’s PAC in 2009, when she earned $2,000 for “website consulting services.” In each year from 2010 through 2012 she received $12,000 for the same purpose. Last year, Webb Hogan was paid $14,500 from the committee. Of the money Webb Hogan was paid last year, the reports said $13,500 was for “administrative consulting services” and $1,000 was for “website services reimbursement.”
  • Based on archived versions of the Born Fighting PAC site, it was not updated at all during this period apart from a two-sentence note thanking donors for their “past support.”
  • Hong Le Webb was first paid by the Born Fighting PAC in 2008 when she received $253.37 for travel expenses. She did not receive any money from the committee again until this year, when, as of last month, she received $14,834.34. Most of the money that the committee paid to Hong Le Webb in 2014 — $13,800 — was listed in the reports as compensation for “website services.”
  • Along with the members of Webb’s family, the committee has hired professional web designers to work on the site. This includes work on the site done in the same period Webb’s PAC paid his family members for their “website services.”
  • Archived versions of the Born Fighting PAC website indicate it was updated just once this year. Hong Le Webb nevertheless received $13,800 for “website services” in addition to the money that was paid to L.A. Design Studio.
  • The latest Federal Election Commission report, which covers the period up to Nov. 24, shows the Born Fighting PAC has only $69,391.84 of the nearly $1 million it received left on hand. The committee spent about $900,000 from 2006 through last month. Of this, the records show that, over the years, just $200,027.04 of the money donated to the PAC went to political candidates and groups.In other words, Webb’s committee used only about 20% of the money it spent to support its stated mission.
  • One Democratic operative who spoke to Business Insider said leadership PACs “generally contribute 40% to 60% of the money they receive” to other candidates and groups. Born Fighting PAC seems to have had relatively high overhead even though the records show the committee did not have office space and barely employed paid staffers apart from Webb’s wife and daughter.

Continue reading →