Tag Archives: consent

Sunday Morning Ethics Warm-Up, 5/27/18: On Bullies, Dogs, Signs, Cheats, And The Worst WWII Movie Ever

Good morning.

1. BOY, is that a lazy and inaccurate movie! As usual, they are playing every war movie they can dig up on Memorial Day weekend. I just watched the tail end of  “The Battle of the Bulge,” the 1965 Cinerama Hollywood portrayal of the decisive 1944 WWII battle in the Ardennes that reminds me of my dad, buried in Arlington National Cemetery, more than any other war film, and not because it was in that battle that my father earned his Silver Star. No, the film reminds me of Dad because he hated it so much. He regarded it as an insult to the veterans who fought the battle, and  a cretinous distortion of history in every way. His name for the movie was “How Henry Fonda Won the Second World War.”

The most striking of the endless misrepresentations in the movie is the absence of snow. The battle’s major feature was that it was fought in freezing, winter conditions, on snow covered terrain sometimes up to two feet deep. Some battle scenes are shown being fought on flat and bare plain, about as distinct from the mountainous, thickly forested territory where the actual battle took place as one could imagine. My father also started complaining during the film, loudly, about the use of modern American tanks to portray the German Tiger tanks.

Former President (and, of course, former Allied Commander) Eisenhower came out of retirement to hold a press conference to denouncing “The Battle of the Bulge” for  its gross  inaccuracies. THAT made my father happy.

2. Funny! But…no, it’s just funny. Scott Campbell, the owner of the Pell City Fitness gym in Pell City, Alabama,  put up a sign that says “tired of being fat and ugly? Just be ugly!” City officials told him to take down the sign or be fined, saying it is too big and needs a permit, but other business owners told the local news media that they have never heard of the ordinance the city is citing being enforced. The suspicion is that Campbell is being singled out because some have complained that the sign is “insensitive.” No, it’s just funny…

This is the ethical problem with excessively restrictive laws, rules and regulations that are not consistently enforced. Prosecution can be used for ideological and partisan discrimination. Not only is the sign benign, it is not even original: that same language is on fitness company ads all over the country. So far, it looks like the community is supporting Pell and that the city will back down, but this is Alabama. Call me pessimistic, but I doubt the sign would be allowed to stand for long in Washington State or California if an ordinance could be found to justify pulling it down.

The First Amendment dies in increments. Continue reading

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Unethical (And Stupid) Quote Of The Month: Harvey Weinstein Defense Attorney Benjamin Brafman

“Mr. Weinstein did not invent the casting couch in Hollywood”

—–Benjamin Brafman, Harvey Weinstein’s defense counsel, as Weinstein surrendered to authorities yesterday in Manhattan.

The whole quote, as Brafman addressed reporters:  “My job is not to defend behavior. My job is to defend something that is criminal behavior. Mr. Weinstein did not invent the casting couch in Hollywood. To the extent that there’s bad behavior in that industry, that is not what this is about. Bad behavior is not on trial in this case.”

Good luck with this boob, Harvey. To begin with, his job isn’t to defend any kind of behavior; his job is to defend his client.  The way the English language works is that “defending” criminal behavior means arguing that criminal behavior is just fine, thank you. Defending against charges of criminal behavior, in contrast, means that a lawyer is making a case that there was none. If a lawyer can’t speak with more care and precision than this, when addressing reporters he shouldn’t say anything at all.. He essentially just admitted that his client committed criminal behavior and bad behavior, while also leaving doubt as to whether he understood that criminal behavior was also bad.

That’s just the stupid and incompetent part of the statement. The stupid and unethical part, the Unethical Quote of the Month, is an invitation to play, “Name that rationalization!” What difference does it make whether or not Harvey invented the practice of using power over young women’s careers and aspiration to extort them into being their sex toys? Have you ever heard of a defense attorney arguing to jury, “Come on! My client didn’t invent serial killing! What’s everyone so upset about?”  This is a blatant “Everybody does it” excuse, and an especially offensive one. Weinstein’s lawyer just made his first impression on te public—you never get a second chance to make one, you know—and he presented himself as a man who shrugs off coerced sexual submissiveness in the workplace as just one of those quirky Tinseltown traditions. Continue reading

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Ethics Observations On The Eric Schneiderman Scandal

I probably shouldn’t say this, but the guy always looked a little scary to me….I sure would never get in bed with him.

The New Yorker revealed yesterday that four women who had relationships with Eric T. Schneiderman, the New York attorney general, accused him of violent abuse. In response, he  issued the kind of explanation that is usually as damaging as the allegations it responds to : Schneiderman, 63, denied abusing the women, and said, “In the privacy of intimate relationships, I have engaged in role-playing and other consensual sexual activity. I have not assaulted anyone. I have never engaged in nonconsensual sex, which is a line I would not cross.”

Ah! As long as it’s not rape, he’s OK with it then.

This did not help. Demands that Schneiderman resign flooded the internet and airwaves, including one from New York Governor Andrew Cuomo. By the end of the day, Schneiderman, who had been a champion of both the #MeToo movement and the anti-Trump “resistance,” had resigned. His statement:

“In the last several hours, serious allegations, which I strongly contest, have been made against me. While these allegations are unrelated to my professional conduct or the operations of the office, they will effectively prevent me from leading the office’s work at this critical time. I therefore resign my office, effective at the close of business on May 8, 2018.”

The irony and hypocrisy are strong with this one. In 2010, as a state senator, he introduced a bill to make intentional choking to the point of unconsciousness a violent felony. Coincidentally, one of his accusers quoted in the New Yorker revealed

“It just came out of nowhere. My ear was ringing. I lost my balance and fell backward onto the bed. I sprang up, but at this point there was very little room between the bed and him. I got up to try to shove him back, or take a swing, and he pushed me back down. He then used his body weight to hold me down, and he began to choke me. The choking was very hard. It was really bad. I kicked. In every fiber, I felt I was being beaten by a man.”

 The state chapter of the National Organization for Women, Bill Clinton’s fan club, endorsed Schneiderman in his successful bid for attorney general, citing his “unmatched work” in “protecting women who are victims of domestic abuse.” Once elected, his office published a “Know Your Rights”  brochure for victims of domestic violence…you know, when you get beat up by the man you are sleeping with.  Schneiderman had rushed to the front of the #MeToo movement, filing a lawsuit against Harvey Weinstein’s company and seeking to re-open a prosecution against the harraser/abuser/rapist mogul.

“We have never seen anything as despicable as what we’ve seen right here,” Schneiderman said of Weinstein’s conduct.

Weeeell, that may depend on one’s point of view. For example, one of the ex-AG’s bed-mates told The New Yorker, “We could rarely have sex without him beating me….He started calling me his ‘brown slave’ and demanding that I repeat that I was ‘his property.’”

Nice. Continue reading

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Morning Ethics Warm-Up, 3/9/18: Update On A Jerk, Deceptive Recycling, A Movement Becomes A Club, And The Future Is Abused

Good Morning!

1 Good! Billy Williams, that Derry, N.H. Used Apple Store owner who announced that Republicans weren’t welcome in his store, was evicted from his space. For weeks, a sign in the window has said that the store would re-open after renovations, which Williams’ former landlord says is not true. Williams rented the commercial space for $2,000 per month and owed $15,110 after neglecting to pay rent for seven months.

Williams, you will recall, said that he infallibly could recognize Republicans. His Facebook post announcing the GOP ban described members of the political party as “almost evil, and to be honest, usually evil.” [Pointer: Arthur in Maine]

2. Recycling Deceit: In Atlanta’s Hartsfield-Jackson International Airport, I was intrigued yesterday by the cylindrical re-cycling receptacles that had two deposit holes, a circular one on one side, into which we were told to put cans and bottles, and a long rectangular slot on the other side, for newspapers and other paper refuse.  I lifted off the top: sure enough, everything went into the same place, newspaper and cans alike. I don’t know what the term is for gratuitously demanding that the public do something pointless and trivial just to exert power, but this was it.

3. The problem with #MeToo. Commenting on yesterdays Comment of the Day, in which Carcarwhite wrote, while criticizing the #MeToo movement,

“I was kissed by Eddie Van Halen back stage in the 80’s, on the lips, a few times. He was tipsy and happy and took a selfie of us before seflies were selfies, and I’ve actually had friends on the Left tell me I should my story publicly. And they say I am ENABLING THIS BEHAVIOR by not going forward”

Commenting, Still Spartan said in part, “What you described is NOT “Me Too.” Just because some people take it too far, does not mean that it is not legitimate. Please take it from someone who had to leave a job and have her career derailed for multiple years because of this crap. It happens, and it happens every damn day.” Continue reading

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Comment Of The Day: “NOW Monica Lewinsky Says She Was Abused And Sexually Harassed”

[I’m in an Atlanta hotel, waiting for breakfast and needing to re-arrange my notes for a legal ethics and technology seminar later this morning. No time before the knock on the door to get the Warm-up going, but at least I can add one of the several Comments of the Day stuck on the runway, just like my plane was last night in D.C….]

Carcarwhite takes another step in our ongoing exploration of the confusing “it’s sexual harassment if the woman doesn’t like the unrequested sexual advance, it’s not if she does,but if she changes her mind over tbe next several decades or so she can rewrite history and maybe wreck a career or reputation” standard that has been on vivid display since the unveiling of The Harvey Weinstein Ethics Train Wreck.

Here is her Comment of the Day on the post, NOW Monica Lewinsky Says She Was Abused And Sexually Harassed:

I’m horrified at many of my gender who are crying for equal rights and then act like little whiny babies.

We want equality but we can’t pay 15 a month for our own birth control. We want equal this and equal that then we use (some of us) the flavor of the week to plead our victim case. Hurting our fellow citizens male and female because of this.

I was kissed by Eddie Van Halen back stage in the 80’s, on the lips, a few times. He was tipsy and happy and took a selfie of us before seflies were selfies, and I’ve actually had friends on the Left tell me I should my story publicly.  And they say I am ENABLING THIS BEHAVIOR by not going forward! This is laughable. Continue reading

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Morning Ethics Warm-Up, 2/27/18: “Mrs. Miniver” Ethics, “Ick!,” And A Poll

Rugby in the morning

1 One of my favorite Hollywood ethics scenes. I watched “Mrs. Miniver” again last night, the 1942 WWII drama starring the magnificent Greer Garson. It has a wonderful ethics moment late in the film, when Lady Beldon, the wealthy town battleaxe (and the grandmother Mrs. Miniver’s recently minted daughter-in-law, soon to die tragically) presides over the English village’s annual flower show, in which she has won the coveted “Best Rose” prize every year. But beloved old stationmaster Mr. Ballard has developed a magnificent new rose (named after Garson’s character) and desperately wants to win as well. The Minivers tease their elderly relative about the near certainty that she will win as always regardless of the relative merits of her entry and “The Miniver” entered by Mr. Ballard, since the judges are terrified of her, and Lady Beldon has made it clear to all that she regards the annual prize as a virtual entitlement. After all, the prize is even called “The Beldon Challenge Cup.” Sure enough, the judges, who seemed to be having a harder time than usual concluding that Lady Beldon’s rose deserved the award, hand her a slip that places her rose in first place, and Mr. Ballard’s in second.

Lady Beldon shows the slip to Mrs. Miniver with an air of triumph.

MINIVER: This is really important to you, isn’t it?

LADY BELDON: Yes. It’s stupid of me, but there it is. I’ve won that cup for as long as I can remember.

MINIVER: Mr. Ballard’s terribly keen too.

BELDON: Well, he’s had his chance. Hasn’t he? You have such a way of looking at people. What do you expect me to do? Reverse the judges’ decision?

MINIVER: I wouldn’t put it past you. If you happened to disagree with it.

“But I don’t!” she harrumphs. She keeps looking at the two competing roses, though, and also at old Mr. Ballard (played by Henry Traverse, later to portray Clarence the Wingless Angel”in “It’s a Wonderful Life.” His look of anticipation and hope approximately mirrors the expression of a six-year-old on Christmas morning. And when it comes time to announce the winner, Lady Ballard pauses, looks at the two roses again, ponders,  crumples up the judges’ slip, and announces that “The Miniver” wins the prize.

Dame May Witty, one of the best character actors England ever produced, shows us with her face that she realizes she did the right thing as soon as she sees Ballard’s reaction to winning. And the assembled crowd gives her an even louder ovation than they give the winner. They didn’t even have to see the slip like the Minivers: they know what she did. And she knows they know.

I had a Lady Beldon moment many years ago, before I had even seen the movie. Continue reading

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From The “A Nation Of Assholes” File, “Feminists” Section: “Grace” And The Revenge Destruction Of Aziz Ansari

This revolting episode is being debated on social media and cable news. There is little to debate, from an ethics perspective. A young man, a celebrity, has been held up to the public for abuse and embarrassment without justification. The ethics villains are many and varied—there are some heroes too–,but prime among the miscreants is “Grace,” his date for an evening, who decided that it was appropriate to seek revenge in a public forum for an unpleasant private encounter that should have remained private.

Aziz Ansari  became known for his performances on  TV’s “Parks & Recreation” and “Master of None.” Katie Way,  writer at the blog babe.net–Way and the blog are two of the Ethics Villains- interviewed a female photographer identified only as “Grace.” She claimed a date with Ansari “turned into the worst night of my life,” and flush with #MeToo self-righteousness, told this story in part, through the website, to the world:

(It’s long, but you cannot understand the full unethical nature of what was done to Aziz without a substantial quote from the piece.)

After arriving at his apartment in Manhattan on Monday evening, they exchanged small talk and drank wine…Then Ansari walked her to Grand Banks, an Oyster bar onboard a historic wooden schooner on the Hudson River just a few blocks away…They discussed NYU, comedy and a new, secret project he was working on, but she says she did most of the talking…Grace says she sensed Ansari was eager for them to leave. …“Like, he got the check and then it was bada-boom, bada-bing, we’re out of there.”

They walked the two blocks back to his apartment building…When they walked back in, she complimented his marble countertops. According to Grace, Ansari turned the compliment into an invitation.

“He said something along the lines of, ‘How about you hop up and take a seat?’” Within moments, he was kissing her. “In a second, his hand was on my breast.” Then he was undressing her, then he undressed himself. She remembers feeling uncomfortable at how quickly things escalated. When Ansari told her he was going to grab a condom within minutes of their first kiss, Grace voiced her hesitation explicitly. “I said something like, ‘Whoa, let’s relax for a sec, let’s chill.’” She says he then resumed kissing her, briefly performed oral sex on her, and asked her to do the same thing to him. She did, but not for long. “It was really quick. Everything was pretty much touched and done within ten minutes of hooking up, except for actual sex.”

She says Ansari began making a move on her that he repeated during their encounter. “The move he kept doing was taking his two fingers in a V-shape and putting them in my mouth, in my throat to wet his fingers, because the moment he’d stick his fingers in my throat he’d go straight for my vagina and try to finger me.” …Ansari also physically pulled her hand towards his penis multiple times throughout the night, from the time he first kissed her on the countertop onward. “He probably moved my hand to his dick five to seven times,” she said. “He really kept doing it after I moved it away.”

But the main thing was that he wouldn’t let her move away from him….“It was 30 minutes of me getting up and moving and him following and sticking his fingers down my throat again. It was really repetitive. It felt like a fucking game.” Throughout the course of her short time in the apartment, she says she used verbal and non-verbal cues to indicate how uncomfortable and distressed she was. “Most of my discomfort was expressed in me pulling away and mumbling. I know that my hand stopped moving at some points,” she said. “I stopped moving my lips and turned cold.”…“I know I was physically giving off cues that I wasn’t interested. I don’t think that was noticed at all, or if it was, it was ignored.”

Ansari wanted to have sex. She said she remembers him asking again and again, “Where do you want me to fuck you?” while she was still seated on the countertop. She says she found the question tough to answer because she says she didn’t want to fuck him at all. “I wasn’t really even thinking of that, I didn’t want to be engaged in that with him. But he kept asking, so I said, ‘Next time.’ And he goes, ‘Oh, you mean second date?’ and I go, ‘Oh, yeah, sure,’ and he goes, ‘Well, if I poured you another glass of wine now, would it count as our second date?’” … She excused herself to the bathroom soon after.

…Then she went back to Ansari. He asked her if she was okay. “I said I don’t want to feel forced because then I’ll hate you, and I’d rather not hate you,” she said. Continue reading

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