Looking Back: This Week’s Ethics Alarms Monday Retrospective

I guess I should mark this weeks selection “BWSC”: Before Will Slapped Chris.”

Here are my top five picks from last week:

I’m cheating a bit here; this one was 8 days ago, but I didn’t do a Monday Retrospective last week (I forgot) and this is an important topic. Come for the post, stay for the comments.

From 3/21, and too astounding to miss.

On 3/22, we discussed how the District government, among others, are trying to over-ride parental rights.

From 3/24…, and,

From 2/26, just in time for Part 2 today.

Comment Of The Day: “Additional Morning Thoughts: ‘Smith Vs. Rock At The Oscars'”

You never know.

I assumed yesterday that I wouldn’t be writing anything about the Oscars, which have politicized and wokified the ceremony into irrelevance, and here we are with the third Oscars-related post, following my my earlier ones here and here. This, a Comment of the Day by one of Ethics Alarms’ most veteran (and most restrained) commenters, Tim LeVier, is also by far the best, delving fearlessly and perceptively into the ethical issues raised by Will Smith’s astounding physical attack on Chris Rock in front  of the Hollywood glitterati and an American TV audience of diminished but still significant numbers.

Before turning things over to Tim, I will mention here, because I may forget later, that my print version of the New York Times today included a story covering last night’s awards and broadcast that did not mention the Smith-Rock episode at all. How do you explain that? The story included Oscar fashions and the “historic” awards (apparently whoever plays Anita in “West Side Story” must get a statuette); it mentioned the three smug hosts’ infantile “Gay, gay, gay!” chant. But a major star attacking a major comic on stage in an iconic awards ceremony wasn’t deemed by the New York Times as “news.”

What a great newspaper. If anything called for the “Naked Gun” clip, this does...

Now, here is Tim’s Comment of the Day on the post, “Additional Morning Thoughts: ‘Smith Vs. Rock At The Oscars'”….

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Honestly, I’m more interested in the public reaction than the event itself. People seem to have this immediate need for clear thinking and the next chapter of the story. It’s a problem in our society more commonly referred to as instant gratification. Most of the posts and hot takes are in this vein but with varying objectives.

The pearl clutchers are the worst. “Why didn’t a police officer go an arrest him?” “Why didn’t the show director eject him?” “Why didn’t security intervene?”

Police need a complaint. The director needs time. Security aren’t in on the performance and have a tough time knowing reality from fiction particularly when the assaulted party engages with the assaulter and the assaulter casually moves into position.

It will be interesting to hear from Glenn Wiess the director and any producer about the mental gymnastics they were doing to figure out how to proceed. In the moment, during that commercial break, I’m sure it was “Is everyone cooled down now?” “Can we get through the remainder of the program?” “Am I required to take action?” “What does Chris Rock have to say?”

It was an unprecedented moment for sure and I guarantee there are some figures having discussions this morning on how to treat this going forward. There will be bright line rules put in place for the future. Everyone has now considered this predicament. Should it happen again, that person will be ejected….and then we’ll get to hear about “double standards” and “hypocrisy”. Continue reading →

Additional Morning Thoughts: “Smith Vs. Rock At The Oscars” [Updated]

Last Night, I was shutting down my computer when I saw the Rock-Smith story, and dashed out a post at about 1am. Those were literally immediate reactions, and I knew nothing else about the broadcast except that Smith was allowed to stay, and that he later won the Oscar for Best Actor for a movie I didn’t see and am unlikely to, especially after his behavior last night.

I had some additional thoughts after my first coffee this morning.

  • Some people are suggesting that the episode was staged, even Ann Althouse, an Oscars fan for some reason. Ann needs to get out more. Trust me on this: it wasn’t staged. I am a stage director; I have staged such things. Actors are notoriously terrible at faking contact, and Chris Rock isn’t exactly a professional stunt man. Smith hit him with the flat of his hand, which saves him from broken bones: if it had been staged, it would have been a fist.

Furthermore, what happens near the beginning of any live show vastly influences the audience’s reaction to the whole evening: if the episode was staged, it would have been at the beginning, otherwise there was no point. That bit of ugliness toward the end clouded the ceremonies both for the live audience and the home audience, and especially undermined Smith’s  Best Actor moment. In addition, as Althouse finally convinced herself as she wrote her post, it put Smith’s wife in a bad light as well as the actor, embarrassed Rock, and made no sense except as a temper tantrum (or protective husband grandstanding) by Will Smith. Later, the Academy put out a pro forma statement that it didn’t condone violence, which would have been reasonable coming from anywhere but Hollywood.

  • I hadn’t seen what Jada Pinkett Smith looked like at the Oscars when I wrote the post last night, nor heard exactly what Rock said. She has shaved her head…you know, like me. And Bruce Willis. And the TCM co-host, Jacqueline Stewart. See?

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Smith Vs Rock At The Oscars: Res Ipsa Loquitur, And In So Many Ways

Yes, that’s actor Will Smith, who later was awarded the Best Actor Oscar, physically battering comedian Chris Rock during the live Academy Awards Broadcast last night. Rock staggered back and said,  “Wow, Will Smith just smacked the shit out of me!” Then Smith returned to his seat and shouted: “Keep my wife’s name out of your fucking mouth!”

Rock had made an ill-considered wisecrack about Jada Pinkett, Mrs. Will Smith.

I know the headline is “Res Ipsa Loquitur” (“The thing speaks for itself”) and the photo does, but I’m going to list some ethics observations anyway. Continue reading →

Unethical Quote Of The Week: Sen. Amy Klobuchar

“The facts are clear here. This is unbelievable. You have the wife of a sitting Supreme Court justice … advocating for overturning a legal election to the sitting president’s chief of staff. She also knows this election — these cases are going to come before her husband. This is a textbook case for removing him, recusing him from these decisions.”

—-Senator Amy Klobuchar (D-Minn) on ABC’s “This Week,” blathering nonsense to co-anchor Jonathan Karl today, as he, predictably, showed neither the erudition nor the guts to correct he, as she insisted that a conflict of interest that does not exist in law is a “textbook case.”

I was tempted to let the Senator’s outrageous misinformation (Will Twitter suspend her for it? Nah….) slide, except that 1) Too many lawyers and reasonable progressives of my acquaintance settled on her as their favored 2020 Democratic Presidential hopeful, and she said ridiculous things like this throughout the debates, using false certitude for fact and reason, and it ticked me off; 2) her statement isn’t just wrong, but spectacularly wrong, and 3) you know how I hate to see high officials that the public trusts use their megaphones and influence to make it even more ignorant than it already is.

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Sunday Ethics Break, 3/27/2022: An Oscars Date That Will Live In Infamy

I’m squeezing today’s potpourri in while I labor to finish a client’s opinion letter on a weird type of lawyer conflict of interest where an attorney represents multiple clients seeking damages from the same defendant who doesn’t have the assets to satisfy everyone. Yes, compared to technical legal ethics, thinking about the rest is recreation.

Tonight is the Oscars broadcast, which I will assiduously miss despite having seen at least some of more Best Picture nominees than in recent years. From an ethics point of view, I must note that on this date in 1973, Marlon Brando confirmed his status as one of the biggest jerks in Hollywood by declines his Academy Award for Best Actor in “The Godfather.” Instead, he inflicted Native American activist Sasheen Littlefeather (that’s her, today and then) on the attendees and the TV audience. She appeared in Brando’s place and said that the actor “very regretfully” would not accept the award, in protest of the portrayals of Native Americans in film. This abuse of the ceremony for narcissistic political grandstanding helped start the Oscars on their long decline from being a celebration of popular entertainment to becoming an obnoxious platform for ill-educated and ill-informed celebrities to presume to lecture the American public.

1. From New York City, a “laws are for the little people” classic. NYC Mayor Eric Adams formally announced last week that he was lifting the vaccine mandate in for professional athletes and performers. He can spin all he wants, and the news media will spin for him, but there is no ethical way out of the hypocrisy. Adams claimed that his decision was driven by concern for the economic recovery of the city from the pandemic, noting that sports and entertainment played vital roles in generating jobs and tax dollars. Yes, and they also poured thousands of dollars into lobbying for this exemption. Adams said he had always believed it to be unfair that New York City-based athletes had to be vaccinated to play but visiting players did not, under an earlier Mayor De Blasio executive order dating to the prior administration. The disparate treatment of highly paid, celebrity workers and less starry, influential and powerful ones looks bad, and is bad.

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Ethics Dunce: NY Prosecutor Mark Pomeranz

Last week, the New York Times and other media gleefully reported that Mark  Pomeranz, one of the senior Manhattan prosecutors who was part of the “Get Trump” effort that has been ongoing in New York almost from the minute he was Trump elected President, believed that the he was “guilty of numerous felony violations” and that it was “a grave failure of justice” not to hold him accountable.” This information came as his resignation letter somehow was released to the press.  Pomeranz submitted his resignation last month after the Manhattan district attorney, Alvin Bragg stopped pursuing an indictment of Donald Trump. Bragg had picked up the long-running attempt to charge Trump from his predecessor Cyrus Vance, Trump’s own personal Javert, who did not run for re-election.

What neither the Times nor any other source bothered to point out was that Pomeranz’s public statement that Trump was guilty of crimes were bright line violations of prosecutor ethics both in New York and across the profession.

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Ugh. Masks Again. My Breaking Point Is Getting Nearer…

Last night in Northern Virginia, I waited to be served at a SubWay behind a young, apparently well-to-do mother and her two children, no more than 5 or 6 years old. All three were tightly masked, though in the cloth variety that are—yes they are— virtually useless. The two women behind the counter were masked, of course, for business and PR reasons. I wasn’t. Also in front of me was a young African-American woman (who ordered a BMT with cucumber, mayo, mustard, oil and vinegar) who also wore a cloth mask, while two young men behind me were unmasked.

For about the tenth time in recent weeks, I had to wrestle my tongue to the floor to avoid asking the masked women in line, “Pardon me, but why are you wearing those things?” and the mother “Why are you forcing those tiny children to walk around with half their faces covered? (I also wanted to ask the woman in front of me, “Mayo, mustard, oil and vinegar all on an Italian sub? What are you, nuts?” But that’s another issue.) Once again, I resisted the urge, but I can feel myself nearing the point where I’m going to do it. In fact, I’m nearing the point where I think it is the duty of Americans who care about the culture, societal values and future as a democracy to challenge the maskers, especially those who are abusing and warping their children.

These people should be made to defend their conduct. It’s not a private matter, not when masks carry a message and send messages to others. There appear to be two varieties of masked Americans, one pathetic and the other sinister: those who wear masks as a symbolic show of solidarity with the statist, totalitarian Left that wants the government to train the “little people” to do and believe what they are told, and those who have been turned into lifetime germaphobes and agoraphobes by media scaremongering, inflated death statistics and incompetent health officials. Every day, in tiny, incremental ways, these two, sometimes overlapping groups are tearing down American individuality, liberty, and the quality of life.

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Ethics Quiz: The Death Of Dr. Cat Pause [Corrected]

Massey University (New Zealand) Fat studies scholar Cat Pause ( I cannot determine if this was her real name) has died suddenly and unexpectedly. The PhD specialized in “Fat studies” and lectured on “fat positivity,” how to fight “fat stigma,” and achieving well-being for overweight people.

She was just 42 years old. [Notice of Correction: My original source said she was 50. That was wrong.]

Your Ethics Alarms Ethics Quiz of the Day—it’s more of a query than a quiz, really—is

What is the most ethical reaction to this news?

I ask because I’m puzzled, frankly. Obviously, it’s a tragedy for a woman to die so young. On the other hand, as Capt. Hook used to say, this doesn’t exactly validate her life’s work, does it? If you devote your research to showing how being obese is nothing to hide from, worry about or accept criticism for, I’m inclined to say that you better make damned sure you don’t drop dead suddenly at the tender age of 42. Isn’t this like defiant smokers getting lung cancer before retirement age, or Timothy Treadwell, aka “Grizzly Man,” getting mauled to death by a bear at 46?

Stipulated: It is mean and heartless to find such outrageously predictable demises funny, or to think, “They asked for it, they got it.” So what should we think that is constructive as well as compassionate?

The White House Gets Another Jumbo

You know, at some point, this has to matter, doesn’t it?

For four years, the mainstream media, Democrats and the Trump-Deranged claimed that anything that President Trump said or tweeted, whether it was gaffe, a mistake, a joke, hyperbole, puffery or, as was indeed often the case, deliberately misleading, was a democracy-threatening lie. This media theme was an exaggeration on its own, and a damaging one, diminishing Trump’s public trust and making it difficult for him to do his job—as indeed was the whole point of the “Trump lies” obsession.

So what is the American public supposed to conclude when President Biden says something that is clear and unequivocal, and the official White House position is that he didn’t say it?

Continue reading →