Fake or Real, “I’m Still Here” is Unethical

Now, having had his film reviewed by most major critics as a genuine documentary and being widely assailed as an exploitive creep (including here), Casey Affleck is telling the media that the film is a put-on. If it is (and why anyone should believe a liar when he admits he is lying is an unanswerable question), then he exploited the audience and defrauded them into seeing a film under false pretenses. The movie isn’t funny, like “Borat,” and there is no legitimate entertainment purpose in staging a fake portrayal of a drugged out,  self-absorbed jerk, who is really only a lying, self-absorbed jerk. Just as James Frey’s  A Thousand Little Pieces was a lousy novel that attracted interest because he falsely represented it as non-fiction, “I’m Still Here” only could attract an audience if they were lied to—because nobody would care about Juaquin Phoenix’s idea of satire. Andy Kauffman he’s not. They will, however, pay to watch a human train wreck. Is Affleck trying to make the audience feel foolish? They are only foolish for trusting him. They won’t do it again.

I still think it’s 50-50 whether the hoax admission is another hoax, as a desperate effort to gin up box office. But it really doesn’t matter. Whether the film is truth or fabrication, Phoenix and his pal Affleck are despicable…just for different reasons.

Darek Jeter, Rob Neyer, and Baseball’s Traditional Deceptions

ESPN blogger Rob Neyer has once again called for baseball to punish “cheaters” which he defines as, among other things, “lying to an umpire” and faking an injury, though there are no rules against either. His impetus was an incident in last night’s Rays-Yankee showdown, in which Yankee shortstop Derek Jeter convinced the home plate umpire that he had been hit by a pitch, when replays showed that the ball actually hit his bat. The subterfuge led to two runs for the Yankees and the ejection of Rays manager Joe Maddon, who argued the call to no avail.  Jeter later admitted that he had fooled the umpire, and seemed to be rather pleased with himself.

This has Neyer rather confused. He writes that Jeter ought to be punished for his dishonesty, because ” it wasn’t fair that Jeter was awarded first base. It wasn’t fair to pitcher Chad Qualls, or to Qualls’ teammates or his manager or to the thousands of Rays fans watching and listening to the evening’s dramatic events.” Yet then Neyer immediately points out that Jeter did “nothing wrong.” So Jeter should be punished because he did nothing wrong? If what Jeter did is in fact dishonest and unfair, of course it is wrong.

But it’s not, any more than bluffing in poker is unfair and dishonest. Continue reading

Casey Affleck, Worst Brother-in-Law of the Year

Imagine that your wife’s brother, who is also one of your best friends, is in trouble. He is ruining his health, career and reputation with habitual drug use and other self-destructive behavior. He seems to be deluded, yet his business associates and friends are enabling his behavior. A tragedy is  unfolding, and no one seems to care.

What do you do? Continue reading

Barbeque Ethics

In a provocatively titled post called “Screw Ethics, Good Barbeque is More Important”, the Dallas Observer food blog “City of Ate” made an interesting case.

“Yesterday’s Blues, Bandits & BBQ competition in Oak Cliff was a success on every score but flavor,” the post reads.
“Organizers estimate more than 1,000 people turned out to celebrate tunes and barbecue at the grassroots festival, which may have been the first in the nation to require its pit teams to use sustainable, grass-fed meats.” And the results were not good. The blog reported that noted judge and BBQ expert Daniel Vaughn tweeted afterwards:

“After dozens of samples of BBQ made from sustainably raised, grass-fed beef and pork, I must make the broad generalization that it sucks.” Continue reading

Unethical Quote of the Week: White House Economic Adviser Austan Goolsbee

“The vice president was talking about the summer of recovery in reference to the Recovery Act, that you would see the creation of a series of infrastructure and other projects ramping up over the summer. And you did see that.”

White House Economic Advisor Austan Goolsby, when asked on “Fox New Sunday” about Vice President Biden’s proclamation in June that this would be “the summer of recovery”—a predication that has fallen embarrassingly flat, and that sounded rash and even silly at the time.

Of course, nobody but nobody really believes that Biden wasn’t talking about jobs when called this the “summer of recovery.” Continue reading

“Let the Buyer Beware”? How about “Let the Seller Be Fair” and “Let the Pitchman Beware”?

A recent perusal of some developments in the ghastly realm of false advertising suggests several conclusions:

1. Too many merchants and vendors traffic in deceit, misrepresentation, and out right lies in order to separate trusting customers from their money.

2. The law is a pretty blunt instrument when it comes to controlling this. Too many tricks and tricksters, seldom enough evidence.

3. The ancient common law rule of “Let the buyer beware!” is less a warning to gullible purchasers than it is a green light for unethical business practices.

4. For every instance of dishonest advertising that is stopped, there are probably hundreds that slip by.

5. Anti-government types looking for legitimate uses of taxpayer funds for critical government regulation of private enterprise should start here.

For example: Continue reading

“No Tolerance” For Adversary Free Speech at Obama’s HHS?

According to a press release sent out by the Department of Health and Human Services, “Secretary Kathleen Sebelius wrote America’s Health Insurance Plans (AHIP), the national association of health insurers, calling on their members to stop using scare tactics and misinformation to falsely blame premium increases for 2011 on the patient protections in the Affordable Care Act.” In her letter, Sibelius wrote…

“It has come to my attention that several health insurer carriers are sending letters to their enrollees falsely blaming premium increases for 2011 on the patient protections in the Affordable Care Act.  I urge you to inform your members that there will be zero tolerance for this type of misinformation and unjustified rate increases.”

This is an ethics foul, and one that is both frightening and clumsy. Continue reading

Googling Potential Jurors in Court: Not Unethical, Just New

I sometimes facetiously tell legal ethics classes that the average judge is ten years behind the average lawyer in technological acumen, who is five years behind the average 13-year-old. The law and legal ethics consensus is always playing catch-up with technological developments, and every time technology is put to a new or unexpected use in a trial, some judge may react to it like a Cro-Magnon encountering his first flame.

This happened recently in the case of Carino v. Muenzen (N.J. Super. Ct. App. Div.) During jury selection, plaintiff’s counsel began using his laptop computer to go to the Web and seek  information on prospective jurors. Defense counsel objected,  and the following exchange took place: Continue reading

Are Restaurants That Hire Illegal Immigrants Ethical?

No.

Next question.

Okay, let’s not be hasty. The New York Times Diner’s Journal asks the question, invoking the images of the 2004 film “A Day Without a Mexican,” in which all of California’s Mexicans suddenly disappear and the state is thrust into a world with far fewer gardeners, nannies, fruit-pickers, maids, cooks, and dishwashers. The film is the high-water mark of the essentially unethical rationalization for illegal immigration that is one of the main culprits for America’s unconscionable tolerance of it—that without illegals, the economy and quality of life of Americans would break down.

That the argument makes any sense at all is really a strong reason to stop illegal immigration, because it shows what happens when illegal and unethical practices becomes so entrenched that they warp the institutions, systems and cultural norms they affect, and corrupt the citizens who take advantage of them.  Continue reading

Sheyla Hershey’s Mega-Breasts and the Ethics of Assisted Self-Destruction

The current bicycle ordeal commenced by the Vogel family was sold to the family’s twin boys as a chance to get into the Guinness Book of Records. That publications has been used to justify more self-destructive conduct than the complete works of Ernest Hemingway, and here’s another example: Sheyla Hershey, owner of the world’s largest breast implants (size M, supposedly) according to Guinness, just had to have them removed because of serious infections. They were also “uncomfortable,” she has told reporters.

Gee, who could have seen that coming? Continue reading