Morning Ethics Warm-Up, 7/19/2018: The All-Denial Edition

Good Morning!

On this day in ethics, 1918: Washington catcher Eddie Ainsmith claimed that he should be deferred from the draft because he was a major league baseball player. Uh, nice try, Eddie, but no,  Secretary of War Newton D Baker ruled, as he tried to suppress uncontrollable eye-rolling..

1. “California, here I come!…here I come!…here I come!…” Oh. Never mind. The California Supreme Court took a measure off the ballot that would have allowed Californians to vote on whether the state should be divided into three smaller states, like this:

In its opinion, the Court argued that the changes demanded by the ballot measure exceeded California voters’ broad authority to enact laws by initiative, established in 1911. If enacted, the measure would have in effect abolished the state Constitution and all existing laws, which would have to be replaced by lawmakers  in the three new states. The measure would also alter the laws that define California’s boundaries, amending the state Constitution. That cannot be done by initiative, but instead requires approval by two-thirds of both houses of the Legislature to be placed on the ballot.

I know that the splitting up of California was a transparent effort to hijack the Senate by adding four more guaranteed Democrats. It was also doomed, since this plot would need to pass Congress and not be vetoed by the President. Still, wouldn’t something as obvious as violating the state Constitution arise before the wacko measure was placed on the ballot? How incompetent can you get? How much more incompetent can California get?

2. THIS will end well… Facebook claims that it will be removing false information from its pages when it threatens to cause violence, before it will cause violence. Sure, we all trust Facebook as an objective, trustworthy arbiter of speech, don’t we? Don’t we? Especially since they use the ever-reliable Snopes to check. During an interview with ReCode’s Kara Swisher, Mark Zuckerberg cited Holocaust denials as the kind of misinformation Facebook would allow to remain on the platform.  “At the end of the day, I don’t believe that our platform should take that down because I think there are things that different people get wrong,” Zuckerberg told Swisher. “I don’t think that they’re intentionally getting it wrong.”

He doesn’t? I’m not sure Holocaust denial is automatically eligible for Hanlon’s Razor; on the other hand, there are good faith idiots. Speaking of idiots, Zuckerman was surprised when his ignorant shrug sparked angry attacks like that of Jonathan Greenblatt, CEO of the Anti-Defamation League, who said, “Holocaust denial is a willful, deliberate and longstanding deception tactic by anti-Semites that is incontrovertibly hateful, hurtful, and threatening to Jews.Facebook has a moral and ethical obligation not to allow its dissemination.”  Continue reading

“Singin’ In The Rain” Ethics: The Strange Saga of “Make Em’ Laugh”

Last month Turner Movie Classics arranged for MGM’s classic musical “Singin’ in the Rain” to be shown on big screens in selected theaters around the country.  At the theater where I saw the film again with my wife and some friends, the place was packed with a multi-generational crowd including many children seeing Gene Kelly-Donald O’Connor-Debbie Reynolds (and Jean Hagan…mustn’t leave out “Lina Lamont”!) romp for the first time. Of course, they loved it; I’m worried about anyone who can see the film and not love it.

The timing of TCM’s limited revival was felicitous in two ways. One was that  it occurred just after the death of Debbie Reynolds, and provided a lovely way to salute her memory. Another was that “La La Land” was surging in buzz and box office around the country, culminating in last week’s 14 Oscar nominations. There are several visual references to “Singin’ in the Rain” in the film; ironically, enjoying “LaLa Land” may rely on unfamiliarity with its 65-year-old predecessor, because calling what the stars in “La La Land” do “dancing” seems unduly generous compared to the performances of Gene, Donald and Debbie.

Seeing the film reminded me, however, of the strange ethics breach behind one of the movie’s most famous numbers. Donald O’Connor’s solo “Make ‘Em Laugh” is the high point of the movie for me, and I am not alone. It finished at #49 in AFI’s 100 Years…100 Songs survey of top tunes in American cinema, but that doesn’t do it justice: this is not just a great musical number, it is one of the greatest four minutes of physical comedy ever put on screen, featuring dozens of jumps, pratfalls, and as its grand finale, O’Connor running up two walls and flipping backwards to the ground. (He checked into a hospital for several days as soon as filming  the routine was over). The problem is that “Make ‘Em Laugh” was plagiarized, and everyone knew it. Continue reading

About That Obviously Dishonest Disclaimer On Movies And TV Shows

“The story, all names, characters, and incidents portrayed in this production are fictitious. No identification with actual persons, places, buildings, and products is intended or should be inferred.”

The character of Jake LaMotta is fictional, and any similarity to Jake LaMotta is purely coincidental...

The character of Jake LaMotta is fictional, and any similarity to Jake LaMotta is purely coincidental…

This and disclaimers like it on movies and TV shows have driven me crazy for a long time. So often the text is an obvious lie. I first began obsessing about it during the early days of “Law and Order,” when Dick Wolf’s show would herald the fact that its episodes were “ripped from the headlines,” then end with a disclaimer that said it was completely fiction. Sometimes, an episode was obviously based on a specific crime and specific individuals, and the actors were made up to look like the actual criminals. The disclaimer was and is a lie, and since it was obvious, why did they bother? Legally, it does no good to publish a boilerplate disclaimer that says, “We’re not really doing what any fool can see we are doing, ” except to discourage potential lawsuits by stupid people. I am of the (minority, unfortunately) position that it’s unethical for lawyers to author legally meaningless language like this for the sole purpose of misleading the ignorant.

The background of the disclaimer is interesting; Slate just published the story, which I realized I once knew but had forgotten.

The 1932 MGM film “Rasputin and the Empress”, was based on the events leading up to the fall of the Romanovs, and starred John, Ethel and Lionel Barrymore. Its most famous sequence was a version of the antic assassination of Rasputin, an event largely known because of the book written by one of the assassins, Prince Felix Yusupov, portrayed as “Prince Paul Chegodieff” in the film. The film also suggested that the Prince’s wife, “Princess Natasha,” was raped by Rasputin—suggested but not shown, since Rasputin was played by John Barrymore (Drew’s grandfather) and the princess was played by his sister, Ethel.  Princess Natasha was the avatar for Princess Irina Alexandrovna of Russia, who, like her husband Prince Felix, had escaped Russia before all the royals were killed.

Yusupov, living in Paris, heard about the film and decided that since audiences would recognize him as  the fictional killer of Rasputin, they would also assume that his wife was raped by Rasputin. She wasn’t, or if she was, only she and the Mad Monk knew about it. Officially, Irina and Rasputin had never met. An MGM researcher had pointed out this factual discrepancy to the studio during production and warned that the Yusupovs could sue, but was pooh-poohed off the lot. She was correct, however, for Irina Yusupov sued the studio, and after watching the movie twice, the British jury awarded her £25,000, or about $125,000. MGM took the film out of circulation for decades, and when it turned up on Turner Classic Movies, the pseudo-rape scene was gone. Continue reading

Ethics Hero Emeritus: Lena Horne, 1917-2010

When actress Hattie McDaniel, the imposing African-American actress who played “Mammy” in the film “Gone With the Wind,” was criticized for her willingness to accept stereotypical and often degrading roles, she countered, “I’d rather play a maid and make $700 a week than be one for $7.”  Not Lena Horne.  Breaking into the movie business as a dynamic and glamorous singer-actress in 1942, she insisted on a long-term contract with MGM that specified that she would never have to play a maid. Continue reading