Sunday Morning Ethics Warm-Up, 9/16/2018: “Ozark,” Slandering Irving, And Language Showdown At Taco Bell [UPDATED!]

Good Morning!

1. Call me an old ethics fogey, but I don’t think these kinds of TV series are culturally healthy. I’ve been watching the Netflix series “Ozark,” and hating myself for it. The show is well acted and even has its ethics dilemmas, but like “Breaking Bad,” which was obviously its inspiration, there are no admirable characters, and the “heroes” are criminals. In the Golden Age of TV, there were unwritten (and sometimes written) rules that shows could not rationalize, trivialize or romanticize illegal, immoral or unethical behavior, and needed to reaffirm positive values. In “Ozark,” “Breaking Bad” and “Better Call Saul,” the latter’s spin-off, as well as “House of Cards,” and “Shameless,” among others, there are virtually no admirable characters at all. I have been watching “Ozark” in part because I like the actors, in part because there’s nothing I want to watch anywhere else except baseball, and, yes, in part because of voyeurism. Still, it makes me want to take a shower, and I fell that the increasing tendency of Hollywood to portray everything and everyone as corrupt makes a “the ends justify the means” rationalization seem like a matter of survival.

2. Post-mortem slander, again. This is a recurring theme here: a famous person is deliberately misrepresented in a dramatic depiction, and legally there is nothing that can be done about it. The First Amendment protects the practice, but it is still wrong, it still leads to public misconceptions, and it still sullies the reputations and legacies of important figures in history who deserve better.

In a recent one-man show Off- Broadway about American song-wrting legend Irving Berlin, writer-performer Hershey Felder portrays Berlin in his dotage as ” a miserable fossil so twisted with rage and zonked on Nembutal that he shooed away carolers who came to his Beekman Place window to serenade him with ‘White Christmas’,”  shrieking “They don’t deserve it,”  meaning the gift of his iconic song. That’s not what happened, however; not even close, according to the Times review of the show:

When he was 95, Berlin not only let those carolers into the house on Beekman Place but also kissed and hugged them and (according to some reports) poured them hot cocoa. “This is the nicest Christmas gift I ever got,” he said.

UPDATE: I relied on the New York Times review for this comment, and not for the first time, trusting the Times to play straight may have been a mistake. Reader Eric Herrault has a very different view, and I am appending his comment here:

In a website however that discusses ethics I think it is important to call attention to the real serious problem here. The quoted “review” in the New York Times of The BERLIN piece, was some kind of personal grudge hatchet job against the performing artist. This brainless reviewer does not describe the show I saw, or in fact the show at all. This is easily provable by seeing the show itself, or having a look at every other New York outlet, major and minor. Nowhere does anyone suggest this twisted and bizarre take on Irving Berlin. The one place it is suggested however, is by the reviewer himself, as he links to and then lauds a review of the book As Thousands Cheer about Berlin, that calls Berlin terrible things and worse. And yet, somehow this neanderthal supports that utter nonsense. The show is full of joy and laughter from beginning to end, with a sad feeling lived too long and the world having passed him by. The ethics violation here is that this disturbed reviewer (for whatever reason) is allowed to write in the first place.

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Yet More Casting Ethics: “Hamilton’s” ‘No Whites Need Apply’ Open Casting Call

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[ I am back from a speaking engagement that required over eight hours of driving, being in a supposedly “luxury resort” hotel room that had no Wi-Fi for most of my stay and no functioning TV for any of it,  and various other distractions and misadventures that prevented me from posting so far today. I apologize, though it is really the famous Omni Homestead in Hot Springs, VA. that should apologize. The good news is that my seminar was well-received, and that the disappointing trip–this time I was paid only with the supposedly sumptuous two-day  Homestead experience for myself and my long-suffering spouse, including outdoor activities that were impossible due to constant rain and a room with more things in poor repair than a Motel 6—is over.]

 

Broadway’s biggest hit, the Tony-winning  “Hamilton,” is under attack for, of all things, racism.

An open casting announcement on the show’s website read…

“Hamilton” is “seeking NON-WHITE men and women, ages 20s to 30s, for Broadway and upcoming Tours.”

Whaaaat? This joyous musical celebration of America’s founding and its Founders’ inspiration…engaging in racial discrimination? How could this be? Sniffed Actors Equity spokeswoman Maria Somma “The language … is inconsistent with Equity’s policy.”

Yes, this would be because Actor’s Equity has a lot of dumb policies, and like all unions, doesn’t really care about keeping the industry its members work in healthy, productive and profitable, only  making sure as many members as possible have jobs or at least shots at them. There is nothing whatsoever racist or discriminatory about a show that relies on the concept of non-white actors playing the very white Founding Fathers announcing that only actors who can fulfill that conceptual requirement will be considered for roles.

Civil rights attorney Ron Kuby, in an interview with the NY Daily News,  agreed the advertisement might technically violate the city’s human rights law, but that this is because casting is an anomaly. “It’s almost always illegal to advertise on the basis of race, but when you’re casting … it can be a bona fide occupational requirement,” he said. Continue reading

“The Affair” Smears An American War Hero

The General and friend.

                             The General and friend.

“The Affair,” Showtime’s much lauded soap opera, wrapped up its season yesterday, without me. There are some things I won’t forgive, and sliming the legacy and reputation of long dead individuals of character and accomplishment is one of them.”The Affair” was guilty of that the previous week. It is dead to me.

The background: General Omar Bradley is increasingly accorded credit for planning D-Day, and thus is owed a large share of the world’s gratitude for winning World War II. He was not flamboyant like Patton or MacArthur, and had no political aspirations, so despite his remarkable life in service of the United States, Omar Bradley is an undeservedly obscure historical figure. He is, also, beyond any controversy, an American hero.

He also was an especially ethical one, as indicated by three of his better known quotes:

“It is time that we steered by the stars, not by the lights of each passing ship.”

“We have grasped the mystery of the atom and rejected the Sermon on the Mount. The world has achieved brilliance without conscience. Ours is a world of nuclear giants and ethical infants. We know more about war than we know about peace, more about killing than we know about living.”

“Dependability, integrity, the characteristic of never knowingly doing anything wrong, that you would never cheat anyone, that you would give everybody a fair deal. Character is a sort of an all-inclusive thing. If a man has character, everyone has confidence in him. Soldiers must have confidence in their leader.”

Why the writers of “The Affair” decided smear Bradley, I cannot fathom. Nonetheless, any viewers of the show that watched the penultimate episode and who didn’t know who Bradley was, and many who did, left it with the belief that Bradley, a who by all accounts was faithfully and lovingly married to the his first wife throughout the war and until her death, had an affair with actress Marlene Dietrich, who traveled with the U.S. Army for nearly two years at the end of the war. “The Affair’s” self-obsessed and perpetually horny protagonist, a successful novelist, told his therapist—and boy, does he need one–that his new book would be a historical novel about Omar Bradley. Then he said that he was tempted to skip the affair with Marlene Dietrich, but then that was the most interesting thing about Bradley to him. Continue reading

The Destructive, Useful, Unethical Presumption of Bigotry, Part 2: The Oscar “Snub”

selma-4

For the second time in nearly two decades, and for the first time since 1998, the Oscars will be awarded to only white acting nominees. This, then, if you listen to the caterwauling race-baiters, is because Hollywood is racist. The Academy’s voters just hid it well since 1998, that’s all. Does that make any sense to you?

There are few more infuriating and transparently illogical examples of an unfair slapping down of the race card than looking for bigotry in the notoriously arbitrary, bias-soaked, essentially meaningless choices for “best” in the various Academy Award movie-making categories. Yet the race card sharks were up to the task.  Naturally, the authority on the subject was Al Sharpton, he whose own performance quality on his MSNBC TV show is so amateurish that it would be shut out in any community theater awards.

“In the time of Staten Island and Ferguson, to have one of the most shutout Oscar nights in recent memory is something that is incongruous,” Sharpton told The Daily News. Wait, what??? Incongruous is the assertion that the nominations for film-making excellence should be influenced in any way by how many blacks are killed resisting arrest. Anyone who finds that to be a logical argument for why more black actors should have been nominated for Oscars is useless to any rational discussion of the issue. I want a show of hands. Continue reading

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:
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Woody Allen, James Shigata, And Diversity Casting Ethics

You have no idea who this is, do you? Well, it shouldn't have turned out  that way...

You have no idea who this is, do you? Well, it shouldn’t have turned out that way…

I’m sure you heard about James Garner’s recent death, but were you aware of James Shigata’s passing? Shigata, who died July 28 at the age of 85, was a contemporary of Garner’s, a superb actor, and like Garner, a leading man with leading man looks. James Shigata, however, was of Asian descent, though American through and through, and never escaped the perceived limitations of the shape of his eyes. Though he had a starring role in the hit film adaption of  the Rodgers and Hammerstein musical “Flower Drum Song” and routinely received critical acclaim for all of his film work, but though he got roles on television through the ’80s, he never was able to break through the typecasting straightjacket that deemed him only suitable for “Asian” roles. If you remember him as all, it is probably as the brave Japanese executive shot by Allan Rickman in “Die Hard.”

I thought about Shigata when I read a piece in Salon, noting that director Woody Allen didn’t cast African-Americans in his movies, and that his explanation why didn’t justify the neglect. Prachi Gupta writes, Continue reading

Ethics Quiz (Movie Division): “The Impossible,” Whitewashing, and Betrayal

"Bennett" and Belón

“Bennett” and Belón

I suppose some of you may have thought about this two years ago, when the Spanish film “The Impossible” was first released. I, however, take a while to catch up with my movie-viewing, and though the film was much praised by critics and got Naomi Watts an Academy Award nomination, I had not seen the film until recently. “The Impossible,” about as accurately as a motion picture can, tells the amazing story of how Spanish physician María Belón, her husband Enrique Álvarezs, and her three young sons miraculously  survived the 2004 Indian Ocean earthquake and tsunami when the family was on vacation in Thailand.

It is an engrossing, harrowing movie. I was surprised to find out, however that the family’s name wasn’t “Bennett,” and that they weren’t British, as the movie presented them. Apparently to maximize box office receipts, the film makers decided to take the heroic story of a real family and make the characters “more relatable” by recasting them as English-speaking Brits. There was a minor controversy about the film “whitewashing” the story*, but not much of that made it into the mainstream media. Belón, after all, is white. She was an active participant in the appropriation of story and that of her husband and sons, and they all profited from it, at least financially. Still, the movie’s point of view left a bad taste in the mouths of some international critics. Here is Australian critic Ruby Hamad:

“Based on the true story of a dark haired and darkish-skinned Spanish family, the filmmakers admitted to changing their nationality and casting lily-white actors in order to make the story ‘universal’. In other words, only white people can stand in for the human race as whole. For this reason, Thailand and its people are mere backdrops for the story of a Caucasian family who learn the hard way that even western privilege is no match for the brute force of mother nature.”

Your (two-year late) Ethics Alarms Ethics Quiz, therefore, is:

Is “The Impossible” unethical”?

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“Noah” Ethics

God

There is nothing unethical about “Noah,” the biblical spectacular that harkens back to the grand old days when Cecil B. DeMille reigned supreme. I haven’t seen the movie, and yet I can say that with absolute certainty. The reason I can say it that there is no way on earth that a movie about Noah and the Ark, in this day and age, could possibly be unethical. Even if the Old Testament were literal fact, which it is not, cannot be and in all likelihood was never intended to be, “Noah” couldn’t possibly be unethical, because it is a movie.

Never mind that of all the Biblical fables, with the possible exception of Adam and Eve, the tale of Noah is perhaps the most obviously impossible. The movie is art—of one kind or another—and does not represent itself as a documentary or make any factual assertions whatsoever. Thus it can be distinguished from a truly unethical film like Oliver Stone’s “JFK,” which intentionally misrepresented recent historical facts to “prove” a theory of the Kennedy assassination that was irresponsible and almost certainly false. Is “Noah” dishonest? It is impossible to be dishonest about a presumptively non-historical event about which there is no direct evidence whatsoever, and when there is no intention to deceive. Is it disrespectful? Art has no duty to be respectful. Is it fair? Fair to who? An artist’s stakeholders are those who appreciate his or her art. Does it do harm, or intend to? No. Continue reading

The Oscar Nominee Truth Squad Goes After “Argo”

argo-poster

The ethics of using artistic license in films based on fact isn’t only being debated in the case of “Lincoln” as we approach the Oscar ceremonies: “Argo” is also under fire.

For some reason conservative radio hostess Laura Ingraham is fond of James Lipton, the unctuous host of PBS’s “Actor’s Studio” interview program. He sounds off frequently on her show, usually about films, and in his most recent gig was pontificating about the Academy Awards. Lipton seems to believe that bias is a condition one is helpless to adjust for: he kept announcing his preferences for various nominees based solely on their association with him or the Actor’s Studio, and explaining his choices by saying, “I’m biased, you see.”

Recognizing bias is just half the job, James. The other half is getting over it. Continue reading

ARRGH! “The Good Wife” Did It AGAIN!

For God’s sake, Will! A) You just got off one suspension for unethical conduct—what are you DOING? B) They had to have taught you better than this at Georgetown Law!

“It” is misleading Americans who may be in litigation requiring settlement and who don’t know that lawyers cannot, must not and largely do not agree to financial settlement terms without getting the approval of their clients. I have dubbed this “The Hollywood Lawyer Fallacy,” and Will (Josh Charles) just did it again.

I know—every lawyer TV drama skips this part, as does virtually every movie about lawyers. Yes, I know it is done for pacing and dramatic purposes, that having a scene where the lawyers asks her client, “They’ve offered this amount, and I think we should take it, OK?” and the client says, “Sounds great!” just slows things down. But here is what repeatedly watching this inaccurate portrayal of  lawyers breaking one of the cardinal rules of the profession does: it sets up clients of incompetent lawyers to be misled, manipulated, and cheated. As I wrote the last time the otherwise ethically astute CBS drama did this while I was watching:  Continue reading